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HomeMy WebLinkAbout1999-12-15G MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room 13-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DECEMBER 15,1999 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Wayne Carvalho, Amy Wolfe, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: None ORAL COMMUNICATION: None Note: Items 4 and S were taken out of order. Please note the Minutes will reflect actions taken in their regularly scheduled order. ITEM 1: ENTITLEMENT PLAN AMENDMENT NO. 99-11 (MCKENNA MOTORS EXPANSIONI APPLICANT: Torres Architects, 2421 West 205" Street, #200, Torrance, CA 90501 PROPERTY OWNER: Daniel J. McKenna, 18711 Beach Boulevard, Huntington Beach, CA 92648 REQUEST: To permit a 8,300 square foot expansion to the existing auto dealership which includes additional showroom, service, and office areas. LOCATION: 18711 Beach Boulevard (westside, approximately 1,500 feet north of Garfield Avenue) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed site plans and stated that the proposed request complies with code, and that the Design Review Board (DRB) recommended approval as submitted. Staff stated that no written or verbal comments have been received as a result of the public notice. Based upon the above, staff recommended approval of the request. Mary Beth Broeren, Zoning Administrator, and staff reviewed the site plans, discussed the proposed parking, landscaping, and areas designated for customer parking and pick up. THE PUBLIC HEARING WAS OPENED. Don Stephens, 18711 Beach Boulevard, McKenna Motors, briefly presented reasons for the proposed plan and requested approval of the plans as submitted. Greg Latimer, 2421 W. 205"' #200, Torrance, CA 90501, the applicant, stated that they have read the conditions and concur. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren and staff discussed the starkness of the building elevations, and Ms. Broeren asked if the DRB made any recommendations in this regard. Staff presented photographs for Ms. Broeren's review and a brief discussion took place with the applicant. ENTITLEMENT PLAN AMENDMENT NO.99-11 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 15301 of the CEQA Guidelines, because the project consists of a minor alteration to an existing facility. FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.99-11: 1. Entitlement Plan Amendment No. 99-11 for the establishment, maintenance and operation of the 8,300 square foot expansion to the existing auto dealership, which includes 1,225 square feet of sales area, 4,269 square feet of office area, 2,352 square feet of service area, and 490 square feet of showroom 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. Based upon the conditions imposed, the architectural design, and proposed lighting will not adversely impact adjacent uses. 2. The entitlement plan amendment will be compatible with surrounding uses because the proposed expansion is designed to be compatible with the existing structures. The majority of the expanded floor area will be within the existing building shell. The service, sales and showroom additions are designed to be compatible with the existing architecture. 3. The proposed 8,300 square foot expansion to the existing auto dealership will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The entitlement plan amendment will comply with the Commercial General (CG) development standards specified in the ZSO. 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 General Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: ZA Minutes 12/15/99 2 (99ZA12115) a. Require that Commercial General uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development. (LU 10.1.12) b. Incorporation of site landscape, especially along street frontages and in parking lots. (LU 10.1.12.a) The project achieves sub area 6G goals by integrating new development to be consistent with existing structures. The proposed expansion consists of additional street side landscaping and architectural compatibility with the existing structure. CONDITIONS OF APPROVAL — ENTITLEMENT PLAN AMENDMENT NO. 99-11: The site plan, floor plans, and elevations received and dated October 27, 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) b. 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) c. 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. d. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 2. 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) ZA Minutes 12/15/99 3 (99ZA12115) b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees (trunk greater than 10" in diameter) that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36 inch box trees and shall be incorporated into the project's landscape plan. (PW) (Code Requirement) c. In accordance with NPDES requirements, the applicant shall develop and implement a "Storm Water Quality Management Plan" and incorporate Best Management Practices (BMP's) by a Civil or Environmental Engineer.; The purpose of this plan is to eliminate/reduce water pollution runoff from the site by utilizing clarifiers and grate drains/fossil filters. (PW) 3. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. Automatic sprinkler systems shall be designed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) 4. Prior to issuance of building permits, the following shall be completed: a. The subject property shall provide an irrevocable offer to dedicate reciprocal driveway and parking easement(s), between the subject site and adjacent southerly and northerly properties. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval. A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. (Code Requirement) 5. During grading, site development, and/or construction, the following shall be adhered to: 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 12/15/99 4 (99ZA12115) 1 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; f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/ grading activity. 6. Prior to final building permit inspection and approval or prior to issuance of a Certificate of Occupancy, the following shall be completed: a. Installation of all approved landscaping. b. Automatic sprinkler systems shall be installed throughout. (FD) c. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) d. A fire alarm system shall 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: l . Manual pull stations; 2. Water flow, valve tamper and trouble detection; 3. Smoke detectors; 4. 24 hour supervision; 5. Annunciation; and 6. Audible alarms. (FD) e. Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) f. 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 (I V2) inches. (FD) g. 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) h. Fire access roads shall be provided in compliance with City Specification No. 401. The circulation configuration shall incorporate HBFC standards for turning radius and minimum width. Include Circulation Plan and dimensions of all access roads. (FD) i. The existing water meter and/or service serving the site may potentially be utilized if they are of adequate size, conform to current standards, and are in working condition as determined by the Water Division. If a new water service is necessary, it shall be installed per Water ZA Minutes 12/15/99 5 (99ZA12115) Division standards and sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC). The service lateral shall be a minimum 2 inches in size. (PW) j. All water meters shall be touch read type. (PW) k. The building shall have a separate fire service, sized to meet the minimum requirements set by the Uniform Fire Code (UFC). (PW) 1. Separate backflow protection shall be installed per the City of Huntington Beach Water Division standards for domestic, irrigation, and fire water services. (PW) in. Security Gates shall be designed to comply with City Specification 403. The south side gate must be minimum of 24 feet opening. (FD) n. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. o. 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 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. 99-11 shall not become effective until the ten calendar day appeal period has elapsed. 2. Entitlement Plan Amendment No. 99-11 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. 99-11, 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. ZA Minutes 12/15/99 6 (99ZA12115) 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. 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. 9. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 10. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 11. State -mandated school impact fees shall be paid prior to issuance of building permits. 12. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 13. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. ITEM 2: CONDITIONAL USE PERMIT NO.99-52/TENTATIVE PARCEL MAP NO.99- 192/VARIANCE NO.99-17/MITIGATED NEGATIVE DECLARATION NO.99-16 (SARES REGIS INDUSTRIAL BUILDING) APPLICANT: Sares Regis Group, c/o Bruce Bearer, 18802 Bardeen Avenue, Irvine, CA 92612 PROPERTY OWNER: West County Commerce Center, LLC, 18802 Bardeen Avenue, Irvine, CA 92612 REQUEST: To subdivide approximately 40 acres from 3 lots into 4 lots and permit the construction of a 120,000 square foot industrial building on one lot. The request includes a variance for reduced landscaping on one lot (5.9% in lieu of minimum 6%) while providing more than 9% landscaping over the entire Phase 11 improvements of the West County Commerce Center Industrial Park. LOCATION: 15400 Graham Street (northeast corner at McFadden Avenue) PROJECT PLANNER: Wayne Carvalho ZA Minutes 12/15/99 7 (99ZA12115) Wayne Carvalho, Staff Planner, displayed site plans and photographs, and stated the purpose of the proposed building. Staff explained that the Tentative Parcel Map would serve to remove a previous parcel map that subdivided the parcel into three properties. Staff stated that the building design will be compatible with other adjacent buildings, and stated that the request is a phased project. Staff presented explanations for the CUP conditions, specifically numbers La and Lb, and staff expressed confidence in the applicant's ability to meet these conditions. Ms. Broeren, Zoning Administrator, reviewed the plans. Staff explained that a mitigated declaration was processed as part of the project, and that no written or verbal comments have been received as a result of the notification. Staff recommended approval of the request. THE PUBLIC HEARING WAS OPENED. Bruce Bearer, 18802 Bardeen Avenue, Irvine, the applicant, stated that he was available for any questions and welcomed the Zoning Administrator's support. 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 item with the following modified condition: CUP condition number 6.m, add wording to indicate that the traffic condition is to be a mitigation measure as well as a recommended condition by the Public Works Department. CONDITIONAL USE PERMIT NO.99-52/TENTATIVE PARCEL MAP NO.99- 192/VARIANCE NO.99-17/MITIGATED NEGATIVE DECLARATION NO.99-16 WERE 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 APPROVAL - NEGATIVE DECLARATION NO.99-16: The Negative Declaration No. 99-16 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of twenty (20) days. Comments received during the comment period were considered by the Zoning Administrator prior to action on the Negative Declaration, Tentative Parcel Map No. 99-192, Conditional Use Permit No. 99-52 and Variance No. 99-17. 2. A mitigation measure, incorporated into the attached conditions of approval, avoid or reduce the project's effects on traffic/transportation to a point where clearly no significant effect on the environment will occur. ZA Minutes 12/15/99 8 (99ZA12115) 3. There is no substantial evidence in light of the whole record before the Zoning Administrator that the project, as mitigated through the conditions of approval for Tentative Parcel Map No. 99-192, Conditional Use Permit No. 99-52 and Variance No. 99-17 will have a significant effect on the environment. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 99-192: Tentative Parcel Map No.99-192 for a four lot subdivision is consistent with the General Plan Land Use Element designation of General Industrial on the subject property, or any applicable specific plan, or other applicable provisions of this Code. The proposed industrial subdivision meets the following goals and policies of the General Plan: a. Policy LU 12.1.4: Require that new and recycled industrial projects be designed and developed to achieve a high level of quality, distinctive character, and be compatible with existing uses. b. Policy 12.1.6: Require that multiple tenant and large-scale sites developed for light industrial uses be designed with common or compatible architecture (design, colors, design character, etc.). 2. The site is physically suitable for the type and density of development. The proposed four lot subdivision will allow for the construction of a new 120,000 square foot industrial building on one of the lots, and will meet all code requirements such as setbacks, parking and landscape requirements. In addition, the new parcel is relatively flat, rectangular shaped, will have access to a public street. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The site is not located in the vicinity of any known biological or archeological resource. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The proposed subdivision does not impact any easements, nor will the subdivision conflict with access to adjacent industrial properties. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-52: l . Conditional Use Permit No. 99-52 for the establishment, maintenance and operation of the 120,000 square foot industrial building 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. Based upon the conditions imposed, the proposed development will contribute its fair -share to the improvement at the McFadden/Graham intersection. Furthermore, the project will comply with all code requirements, including parking standards. ZA Minutes 12/15/99 9 (99ZA12115) 2. The conditional use permit will be compatible with surrounding industrial uses. The proposed speculative industrial building will be compatible with the warehouse/storage, manufacturing, office and commercial recreation uses on the site, and within the vicinity. Furthermore, the design of the proposed building will be compatible with other adjacent industrial buildings developed by the same property owner, and designed by the same architect. 3. The proposed 120,000 square foot industrial building 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. In addition, any specific condition required for the proposed use in the district in which it would be located, except for any variances approved concurrently. With the exception of the requested landscape variance, the industrial building will comply with all other development standards, including parking, setback and building height requirements. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of General Industrial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Policy LU 12.1.4: Require that new and recycled industrial projects be designed and developed to achieve a high level of quality, distinctive character, and be compatible with existing uses. b. Policy 12.1.6: Require that multiple tenant and large-scale sites developed for light industrial uses be designed with common or compatible architecture (design, colors, design character, etc.). The subdivision and construction of the 120,000 square foot industrial building is designed with similar architecture as adjacent industrial buildings, and will be compatible with existing industrial uses. FINDINGS FOR APPROVAL - VARIANCE NO.99-17: 1. The granting of Variance No. 99-17 for reduced landscaping on one lot (5.9% in lieu of minimum 6%) while providing more than 9% landscaping over the entire Phase II improvements of the West County Commerce Center Industrial Park will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The reduction will be offset by increased landscaping of 14% on the adjacent lot fronting Graham Street. The overall landscape requirement for the Phase II improvement project will be more than nine percent (9%). 2. Because of special circumstances applicable to the subject property, including location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The lot fronts onto McFadden Avenue and is currently provided with street side landscaping. The lot is part of an overall industrial center that provides more than the code required 8% landscaping. ZA Minutes 12/15/99 10 (99ZA12115) 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The reduced landscaping requirement will allow for a more efficient use of existing parking, driveway and emergency access, and landscaping areas on the site. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The West County Commerce Center campus will be provided with over nine percent (9%) landscaping. No impacts to adjacent properties will result from the reduced landscaping on one lot. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of General Industrial on the subject property because it permits the proposed industrial use. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO.99-192: 1. The tentative map received and dated September 23, 1999 shall be the approved layout. 2. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. All vehicular access rights to Graham Street and McFadden Avenue shall be released and relinquished to the City of Huntington Beach except at locations approved by the Zoning Administrator. b. A reproducible mylar copy and a print of the recorded parcel map, along with digital graphic files of the recorded map per the City of Huntington Beach "CAD Standards Manual for Consultants", shall be submitted to the Department of Public Works at the time of recordation. (PW) c. Reciprocal ingress and egress easements shall be required between each parcel. (PW) 3. The Departments of Planning and Public Works are responsible for compliance with all conditions of approval herein as noted after each condition. The Planning Director and Public Works Director shall be notified in writing if any changes to parcel map are proposed as a result of the plan check process. Permits shall not be issued until the Planning Director and Public Works Director have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission'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. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-52NARIANCE NO.99-17: 1. The site plan, floor plans and elevations received and dated November 9, 1999 shall be the conceptually approved layout with the following modifications: ZA Minutes 12/15/99 11 (99ZA12115) a. The southeast corner of the proposed building shall be designed with accent reveals and scoring lines to enhance the south and east elevations to the approval of the Planning Department. b. The land/building uses for the future Phase III improvements depicted on Page A1.03-P shall be revised to comply with the current parking requirements specified in the HBZSO. This may require the reallocation of floor areas (warehouse, mfg., etc.) within one or both of the buildings. c. Carpool stalls, bicycle parking, shower/locker facilities, and a commuter information area shall be identified as specified in Section 230.36 Transportation Demand Management of the ZSO. (Code Requirement) d. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) e. 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) f. 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) g. 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. h. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 2. 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) ZA Minutes 12/15/99 12 (99ZA12115) b. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. (PW) c. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. (PW) d. 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 developer shall submit irrigation demands to ensure proper irrigation service sizing. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees (trunk greater than 10" in diameter) that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36 inch box trees and shall be incorporated into the project's landscape plan. (PW) (Code Requirement) e. Hydrology and hydraulic studies shall be submitted to the Department of Public Works for review and approval. (PW) f. A sewer study (on and off -site) shall be required. This study may require a 7-10 day flow test as determined by the Public Works Department. (PW) g. The name and phone number of a field supervisor who is on -site shall be submitted to the Planning Department and Public Works Department. 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. 3. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. Automatic sprinkler systems shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to systems installation. (FD) c. All Fire Department requirements shall be noted on the building plans. (FD) ZA Minutes 12/15/99 13 (99ZA12115) 4. Prior to issuance of building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department to the Planning Department for inclusion in the entitlement file. b. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s), between the subject properties, including the adjacent northerly properties. The subject property owner shall be responsible for making necessary improvements to implement the reciprocal driveway. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval. A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. (Code Requirement) c. The Parcel Map shall be reviewed by the Department of Public Works and Planning, approved by the City Engineer, recorded with the Orange County Recorder and a copy filed with the Planning Department. (Code Requirement) 5. During grading, site development, and/or construction, the following shall be adhered to: 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. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/ grading activity. 6. Prior to final building permit inspection and approval and issuance of a Certificate of Occupancy, 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, including: 1) Landscaping; ZA Minutes 12/15/99 14 f (99ZA12115) 2) Automatic sprinkler systems shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to systems installation. (FD) 3) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 4) 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 pull stations; b) water flow, valve tamper and trouble detection; c) 24 hour supervision; d) Annunciation; e) Audible alarms; and f) Smoke detectors. (FD) 5) A Class III wet standpipe system shall be installed. Shop drawings shall be submitted and approved by the Fire Department prior to installation. (FD) 6) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) 7) 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'/2) inches. (FD) 8) 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) 9) Fire access roads shall be provided in compliance with City Specification No. 401. Include the Circulation Plan and dimensions of all access roads. (FD) 10) Submit a Fire Protection Plan in compliance with City Specification No. 426 for Fire Department approval. (FD) 11) Fire hydrants shall be installed prior to combustible construction. Prior to installation, shop drawings depicting all Hydrant and Fire Department Connection (FDC) locations shall be submitted to the Public Works Department and approved by the Fire Department. (FD) 12) If elevators are installed, they shall be sized to accommodate an ambulance gurney. The minimum dimension are 6'-8" wide by 4'-3" deep with a minimum 42" wide right or left side opening. Center opening doors require a 54" depth. (FD) b. All utilities, both new and existing shall be undergrounded. (PW) ZA Minutes 12/15/99 15 (99ZA12115) c. The proposed building shall have a separate, new domestic water meter and service, sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC)/ The service lateral shall be a minimum of two inches in size. (PW) d. All meters shall be touch read type. (PW) e. The proposed building shall be served by at least one separate fire service. (PW) f. Separate backflow protection shall be installed, per the city of Huntington Beach Water Division standards for all domestic, irrigation and fire water services. (PW) g. No public water service shall serve more than one property. (PW) h. Appropriate easement documents shall be recorded and a Property Owner's Association agreement shall be created with CC&R's providing for maintenance of all private utility systems, if applicable. (PW) i. Each proposed parcel shall be served by an irrigation system, separate from the domestic and fire protection water systems. (A private irrigation system may serve more than one parcel, provided that the appropriate agreements and/or covenants are instituted.) (PW) j. A minimum 10 foot clear, unobstructed (including no structures or parking spaces) paved or landscaped surface shall be maintained on either side of any proposed onsite public water pipelines, if applicable. (PW) k. The developer shall submit water system calculations to ensure proper water meter and main sizes no later than the first plan check submittal. The developer shall contact the City's Water Division Engineering staff prior to commencing with this process. (PW) 1. The existing fire hydrant on Graham Street at approximately Commercial Drive shall be abandoned and replaced to the satisfaction of the Water Division. (PW) in. The applicant shall have a study commissioned by a qualified, registered traffic engineer to quantify the impact the project will have on the intersection of Graham Street and McFadden Avenue. The applicant will then be required to contribute his fair share to the cost of signalization of this intersection as defined by the approved study. (PW) (Mitigation Measure) n. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. o. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. p. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. ZA Minutes 12/15/99 16 (99ZA12115) f 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. All applicable Public Works fees shall be paid. (PW) 2. Tentative Map No. 99-192, Conditional Use Permit No. 99-52, and Variance No. 99-17 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 applicant shall submit a check in the amount of $38 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. 4. Tentative Parcel Map No, 99-192, Conditional Use Permit No, 99-52, Variance No. 99-17 and Negative Declaration No. 99-16 shall not become effective until the ten calendar day appeal period has elapsed. 5. The Zoning Administrator reserves the right to revoke Tentative Parcel Map No. 99-192, Conditional Use Permit No. 99-52, Variance No. 99-17, 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. 6. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 8. 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. 9. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 10. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) ZA Minutes 12/15/99 17 (99ZA12115) 11. State -mandated school impact fees shall be paid prior to issuance of building permits. 12. An encroachment permit shall be required for all work within the right-of-way. (PW) 13. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 14. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. ITEM 3: COASTAL DEVELOPMENT PERMIT NO.99-17/CONDITIONAL USE PERMIT NO.99-46/VARIANCE NO.99-14/NEGATIVE DECLARATION NO.99-15 (BEACH MAINTENANCE FACILITY) APPLICANT/ PROPERTY OWNER: City of Huntington Beach, Community Services Department, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To construct a 14,750 square foot industrial building for maintenance and storage of beach maintenance vehicles and equipment. A variance is requested for reduced landscaping on the site with the elimination of a minimum five foot wide landscape planter along the rear property line (flood control channel). LOCATION: 8669 Edison Avenue (east of Newland Street) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed site plans and photographs stating that the subject site is currently vacant and is currently used for storage of vehicles. Jim Engle, Community Services, explained that the subject site serves as a staging area for maintenance vehicles. Staff stated that two comments were received: the County of Orange stated that they had no comments, and the Environmental Board noted the issue of the nighttime use, to which staff responded that the standard noise ordinance for industrial uses will be complied with. Staff recommended approval of the request as submitted, and recommended deletion of condition 2.d stating that Public Works has indicated that this issue is covered in the grading plan. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren confirmed with staff that the industrial neighbors were noticed. ZA Minutes 12/15/99 18 (99ZA 12115) Ms. Broeren stated that the policies identified under the coastal development permit should be augmented to show that the policies are consistent with the existing coastal element. Ms. Broeren stated that she was going to approve the request with the elimination of condition 2.d as recommended by staff. COASTAL DEVELOPMENT PERMIT NO.99-17/CONDITIONAL USE PERMIT NO.99- 46/VARIANCE NO.99-14/NEGATIVE DECLARATION NO.99-15 WERE 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) 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 use is proposed within an existing structure, no expansion will occur as a result of the proposal. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99- 17: 1. Conditional Use Permit No. 99-11 for the establishment, maintenance and operation of the outdoor dining at an existing restaurant 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 proposal will be an asset to the center, providing a friendly and inviting atmosphere for the community. The outdoor dining will be located adjacent to the sidewalk along Gothard and will not disrupt the flow of pedestrian activity along the sidewalk, nor will it impact any vehicular movement along Gothard or within the center. 2. The conditional use permit will be compatible with surrounding uses because the use is proposed within an existing retail/office center that has other restaurants with outdoor dining. 3. The proposed outdoor dining 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 proposed project, as conditioned, will be in compliance with all applicable zoning regulations. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of General Commercial on the subject property. In addition, it is consistent with the Land Use policy 10.1.11 within the General Plan that intends to promote a diversity of uses that increase the center's viability as a place of community activity. ZA Minutes 12/15/99 19 (99ZA12115) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO 99-17: 1. The site plan, floor plans and elevations received and dated April 19, 1999 shall be the conceptually approved layout with the following modification: a. The permitted area on the existing patio for outdoor dining shall be a maximum of 400 square feet. The remaining patio area shall contain no seating and or dining area. The remaining patio area shall be open for access and landscaped with potted plants. 2. Prior to submittal for building permits, 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). 3. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. 4. Prior to final building permit inspection and approval, the following shall be completed: a. All signs shall be brought into compliance with the Chapter 233 of the Huntington Beach Zoning & Subdivision Ordinance. b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 5. The use shall comply with only the uses described in the narrative shall be permitted. 6. 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. 99-17 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 99-17 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. ZA Minutes 12/15/99 20 (99ZA12115) 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 99-17, 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 Department within two (2) days of the Zoning Administrator's action. ITEM 4: CONDITIONAL USE PERMIT NO.99-28/TENTATIVE PARCEL MAP NO.99-157 (SEACLIFF BUSINESS CENTER APPLICANT: Stephen Barasch, c/o Barasch Architects & Associates, 225 Prado Road, Suite H, San Luis Obispo, CA 93401 Walden & Associates, 18012 Cowan, Suite 210, Irvine, CA 92614 PROPERTY OWNER: Ms. Vickers II, LLC, 1999 Avenue of the Stars, Suite 2200, Los Angeles, CA 90067 REQUEST: To develop an industrial complex consisting of six (6) -Scheme "A"- or seven (7) Scheme `B" buildings and associated site improvements. The tentative parcel map is to subdivide 4 lots into 7 number lots and 1 letter lot. LOCATION: West side of Stewart Street, approximately 380 feet south of Garfield Avenue PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed site plans, presented a review of the request, and stated that the item was presented to the Design Review Board (DRB). Staff recommended denial of the project because the proposed parcel map is inconsistent with the General Plan and the site is physically unsuitable for the proposed density. Approval of the conditional use permit (CUP) would be detrimental to the general welfare of people working and residing in the immediate area. The planning and building design would not achieve the high level of quality that was anticipated. The project would not be compatible because of the layout, and would not be consistent with a number of zoning provisions. As an alternative, Staff recommended that the project be continued. Ms. Broeren stated that she attended the DRB's meeting on this item, but stated that she did not hear the full staff report and abstained from any action. Ms. Broeren stated that she did hear the ZA Minutes 12/15/99 21 (99ZA12115) discussion at the DRB meeting regarding the private drive versus the public street. Ms. Broeren stated that she did discuss this issue with the Public Works department. Ms. Broeren asked staff to elaborate on the findings for denial as presented in the staff report for both the conditional use permit and the tentative parcel map. Staff presented detailed explanations on the items at issue. Staff presented a memo dated December 14, 1999, from the Fire Department recommending denial of the request until mitigation has been completed on the adjacent parcels. THE PUBLIC HEARING WAS OPENED. Stephen Barasch, 225 Prado Road, Suite H, San Luis Obispo, the applicant, stated that the City Council directed the use of the property to be industrial, and explained the impact of the capped well heads on the project as well as the parking lots. Mr. Barasch addressed the zoning issues as identified in the staff report, presented alternatives, and explained the applicant's intentions and interpretations. Dave Walden, 18012 Cowan, Suite 210, Irvine, the applicant, addressed the zoning and General Plan issues. Mike Bouma, 2099 South State College Boulevard, Suite 100, Anaheim, Voit Commercial, marketing representative, addressed marketability issues as related to planning concerns. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. THE PUBLIC HEARING WAS RE -OPENED. John Thomas, 18851 Stewart St., questioned why industrial can not be built over the capped oil wells when houses are being built that way. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS RE -CLOSED. Ms. Broeren stated that she would not be approving the project. Ms. Broeren stated that, at a minimum, the project would need to be advertised for variances for those items that are not in compliance with code in order for any further action to take place. Ms. Broeren continued the request for two months in order to allow the applicant time to file for a variance and to re -advertise the item. ZA Minutes 12/15/99 22 f (99ZA12115) CONDITIONAL USE PERMIT NO.99-28/TENTATIVE PARCEL MAP NO.99-157 WERE CONTINUED TO THE MARCH 1, 2000 MEETING. ITEM 5: CONDITIONAL USE PERMIT NO.99-49 (WALGREENSI APPLICANT: Joe Dickson, JMD Architecture, 562 Mission Street, Suite 203, San Francisco, CA 94105 PROPERTY OWNER: Mordehai Zadik, 6601 Horseshoe Lane, Huntington Beach, CA 92648 REQUEST: To construct a 13,745 square foot Walgreens Pharmacy with drive - through service. LOCATION: 17522 Beach Boulevard (southeast corner at Slater Avenue) PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed site plans and introduced Terri Elliott of the Public Works Department. Ms. Elliott presented a report on the proposed traffic circulation patterns, and explained problems related to the truck loading area, and problems inherent with the proposed entrance and exit. Ms. Elliott indicated that, if a truck were to be in the loading area, a stacking of cars would occur in the drive -through area. Ms. Broeren, Zoning Administrator, Ms. Elliott, Joseph Dickson (the applicant) Brandy Yamamoto (architect), and Dick Harlow (representing the applicant) discussed issues regarding the truck turning pattern, the proposed areas designated for trucks entering and exiting, and the conditioned masonry wall, which inhibits the turning capacity of the trucks. Ms. Elliott presented options that they would be willing to support in resolving the problems related to the circulation pattern. Staff presented the staff report stating that the proposed site is located across from property zoned for residential, an existing medical building is located south of the site, an existing smaller Walgreens Pharmacy is currently located on one of the parcels, and adjacent to the proposed site there exists a medical building pending demolition. Staff stated that the request has been reviewed by the Design Review Board (DRB). Staff stated that code issues exist as presented by Public Works, and the proposed design does not advocate the goals and objectives of the General Plan as follows: 1. Adjacent residential uses will be negatively impacted visually. 2. The proposed development is inconsistent with the Zoning and Subdivision Ordinance requirements. 3. The project is not in compliance with the minimum landscape requirements, and does not meet the Public Works requirement for the eleven -foot dedication along Slater Avenue. ZA Minutes 12/15/99 23 (99ZA12115) Based upon the findings staff recommended denial of the request. As an alternative staff recommended consideration of a continuance to allow the applicant time to modify the request and staff time to review the revised plan and prepare conditions for approval. Staff presented landscape plans provided by the applicant depicting potential alternatives to accommodate the parking by moving the building. Ms. Broeren and staff reviewed the plans and elevations and discussed the issue of compliance, specifically the loading area facing residential uses, the code requirements for wall offsets, reciprocal access, and the Public Works condition for the dedication and landscaping. THE PUBLIC HEARING WAS OPENED. Joseph Dickson, JMD Architecture, 121 Spear Street, San Francisco, the applicant, addressed the findings as presented by staff and presented explanations and alternatives accordingly. Mr. Dickson stated that the delivery vehicles would be on site for only one hour, one time per week. Mr. Dickson stated that he felt that the issues of the wall, the setback, the dedication, and moving the building back slightly could not be accomplished to meet conditions of approval. Bernie Mermelstein, Village Properties, 6033 W. Century Boulevard, Suite 400, Los Angeles, stated that an easement exists with an adjoining property. Mr. Mermelstein explained that there is a cross - access agreement between the two properties, which reflects "buildable areas" whereby any changes to the property would require permission from the adjoining property owner. Mr. Mermelstein indicated that the adjoining property owner would not agree to moving the building to a particular location as noted on the site plans. Dick Harlow, 211-B Main Street, representing the applicant, quoted from the General Plan and presented arguments on behalf of the applicant. Ms. Broeren and Mr. Mermelstein discussed the "no -build areas" in the easement and the areas where building would be allowed. Brandy Yamamoto, JMD Architecture, 357 Chestnut Avenue #41, Carlsbad, addressed the code issue regarding the loading area facing the residential area. Ms. Yamamoto stated that in the Notice of Filing Status they were given the option of providing a noise study, which resulted in the masonry wall along the property line. Ms. Yamamoto stated that the noise study recommended a wall height of eight feet. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A lengthy discussion regarding the issues, and alternatives to the issues, ensued with Ms. Broeren, staff, the applicant, and representatives of the applicant. Ms. Broeren reviewed photographs of the homes facing the site. ZA Minutes 12/15/99 24 ; (99ZA12115) 1 Ms. Broeren stated that there were two options available to today's request: 1) deny the request, or 2) continue the request. Ms. Broeren stated that the option of approval does not exist since conditions of approval do not exist. Ms. Broeren stated that she concurs with the DRB in the overall architecture of the building. She acknowledged the importance of the guidelines as set forth in the General Plan emphasizing the opportunity to improve the Cityscape when a new project is presented such as in the current case. Ms. Broeren stated that she was willing to continue the project and would like to see the following changes in the request. 1. Accommodation of the dedication per Public Works. 2. Moving the parking that is adjacent to the building to the back. 3. A separate conditional use permit for the wall height of eight feet as indicated by the noise study. Mr. Harlow indicated that Walgreens doesn't want to change the submitted plan and accepted the option to deny the request. Mr. Harlow and Ms. Broeren discussed the process for a reconsideration and options to today's decision. Ms. Broeren stated that she was going to deny the request, and explained the procedure for the findings in the case of a denial. Ms. Broeren modified the findings in the staff report as follows: 1. Finding #1: Add that the proximity of the loading area to the residential across the street would be detrimental, and delete the last two sentences. 2. Finding #3: Re -word the language to state that the proposed development will not comply with those sections of the zoning code as stated, and is not consistent with the HBZSO. 3. Findings #4: In the last paragraph of this finding, delete the word architectural (in the first sentence), and delete the second sentence. CONDITIONAL USE PERMIT NO.99-49 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS. 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 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 15302 of the CEQA Guidelines, because the proposed development involves replacement of existing structures and facilities with a commercial structure which will be located on the same site as the structures replaced and will have substantially the same purpose and capacity as the structures replaced. FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO.99-49: 1. Conditional Use Permit No. 99-49 for the establishment, maintenance and operation of an approximtely 13,745 sq. ft. single story, Walgreens Pharmacy with drive -through service will be detrimental to the general welfare of persons working or residing in the vicinity and to the value ZA Minutes 12/15/99 25 (99ZA12115) of the property and improvements in the neighborhood. The plan does not provide adequate on - site circulation and locates loading facilities facing and in relative close proximity to residential uses. 2. The conditional use permit will not be compatible with surrounding uses. Drive -through and truck traffic will be funneled around the project site via inadequate designed drive aisles. The proposed monolithic 103 ft. long rear building wall, the loading and trash storage facility location and unarticulated 6 ft. high masonry wall will be located across from residential development and will contribute to incompatible visual land use impacts. 3. The proposed development will not comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The proposed development does not comply with the loading facility design requirement which prohibits placement of loading door so as to face property zoned or general planned residential. In addition the proposed building siting is inconsistent with HBZSO provisions that promote placement of at least 40% of the building surface at the minimum setback line along major or primary arterials in the CG zoning district in order to improve the quality of the urban form along commercial corridors and therefore promote a positive City image in accordance with City of Huntington Beach General goals, objectives, and policies. 4. The granting of the conditional use permit will adversely affect the General Plan. It is inconsistent with the following goals and policies of the General Plan: L U10.1.4. Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. L U10.1.12. Require that Commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of: c. siting and design of structures to facilitate and encourage pedestrian activity; d.siting of buildings to the street frontage to convey a visual relationship to the street and sidewalks; e.architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations. The proposed development does not achieve a high level of layout quality. The siting and design of the proposed structure allows for some pedestrian connections between sidewalks and the Walgreens Pharmacy across driveway/parking areas but it does not achieve the optimum design solution which would necessitate relocation of the proposed building in proximity to the sidewalks and parking area/ automobile screening behind the building structure. ZA Minutes 12/15/99 26 1 (99ZA12115) THE MEETING WAS ADJOURNED AT 4:30 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, DECEMBER 22,1999 AT 1:30 PM. Mar� Beth Broeren Zoning Administrator :rmk ZA Minutes 12/15/99 27 (99ZA12115)