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HomeMy WebLinkAbout2000-03-08MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room 13-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MARCH 8, 2000 -1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Sandra Thornton, Amy Wolfe, Jane James, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: May 5, May 12 and July 28, 1999 Minutes were approved. ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.99-70 (LE RESIDENCE) (CONTINUED FROM THE FEBRUARY 9, 2000 MEETING) APPLICANT: Vinh James Le, 16321 Mahogany Street, Fountain Valley, CA 92708 PROPERTY OWNER: Scott Goodman, 17032 Palmdale Street, Unit C, Huntington Beach, CA 92647 REQUEST: To permit three (3) new two-(2) story units. Each unit will have four (4) bedrooms and two and one-half (2.5) baths. LOCATION: 18331 and 18335 Huntington Street (northwest side of Main Street and Huntington Street) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed site plans stating the purpose and location of the request. Staff stated that the project is not within the development agreement area, and the project was reviewed by the Design Review Board. Staff stated that the project complies with the Holly-Seacliff Specific Plan requirements including parking, open space, landscaping, and one unit will be utilized for affordable housing. Staff recommended approval of the project based on the findings as outlined in the staff report. One phone call was received from an adjacent property owner regarding parking and questions in general. THE PUBLIC HEARING WAS OPENED. Mona Fine, 18811 Huntington Street/l8784 Club Lane, neighboring business and property owner, expressed concern regarding parking in particular the lack of guest parking. Mike Strange, Acting Zoning Administrator, asked staff if the minimum parking requirements have been met per code, and staff confirmed. Vinh James Le, 16321 Mahogany Street, Fountain Valley, the applicant, addressed Ms. Fine's concerns and stated that the project complies with the code requirements. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.99-70 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because multi -family structures which total no more than four (4) dwelling units are exempt under CEQA. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-70: Conditional Use Permit No. 99-70 for the establishment, maintenance and operation of the three (3) new two (2) story units with four (4) bedrooms 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 project is consistent with the Holly Seacliff specific plan and will be architecturally compatible with the surrounding area. 2. The conditional use permit will be compatible with surrounding uses because the project is located within a residential area and has been designed to be architecturally compatible with adjacent residential structures. 3. The proposed three (3) new two (2) story units with four (4) bedrooms 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 complies with the Holly Seacliff specific plan development requirements including open space, parking, and landscaping 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 Residential Medium Density on the subject property which allows the proposed use of three (3) new two (2) story units. In addition, it is consistent with the following goals and policies of the General Plan: a. Goal LU 9 — Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. z. ZA Minutes — 03/08/00 2 (OOZM0308) b. Policy LU 9.1.3 — Require that multi -family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below. 1. Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volumes. 2. Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas. 3. Site and design parking areas and facilities that are integrated with but do not dominate the architectural character of the structure. 4. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-70: 1. The site plan, floor plans, and elevations received and dated February 4, 2000 shall be the conceptually approved layout with the following changes: 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. 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. 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. d. Architectural projections (i.e. shutters, plant shelves, etc.) shall be incorporated into the rear elevation, which faces the Promenade project. (DRB) 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. All off -site construction may be shown on this plan. (PW) ZA Minutes — 03/08/00 3 (OOZM0308) b. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, liquefaction, retaining walls, street, and utilities. (PW) c. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) d. Fencing plans shall be submitted to and approved by the Department of Planning. Double walls shall be prohibited. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. 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. All Fire Department requirements shall be noted on the building plans. (FD) 4. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No.,1 for review and approval and inclusion in the entitlement file to the Department of Planning. b. All applicable Public Works fees shall be paid. (PW) c. A grading permit shall be issued. (PW) d. An Affordable Housing Agreement Plan shall be submitted for review and approval by the Department of Planning. The plan shall provide for minimum 10 percent of the housing units (1 unit) approved to be affordable to families of low and moderate income level (average 100% of Orange County median) for a period of thirty years. Said plan shall be executed prior to issuance of the first building permit for the project. The affordable unit shall be under construction, or available to the public, prior to final building permit approval (occupancy) of the first home. e. The applicant shall show proof of compliance with the mitigation measures of Environmental Impact Report 89-1. f. 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 the developer or a California Licensed Landscape Contractor which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant ZA Minutes — 03/08/00 4 (OOZM0308) materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. 5. During grading, site development, and construction, the following shall be adhered to: a. Water trucks will be utilized on the site and shall be available to be use throughout the day during site grading to keep the soils damp enough to prevent dust raised by the operations. (PW) b. All haul trucks shall arrive at the site no earlier than 8:00 a.m., or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (PW) c. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding uses. (PW) d. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) 6. Prior to final building permit inspection the following shall be completed: a. All utilities shall be installed underground. (PW) b. The proposed buildings shall have a new, separate domestic/irrigation water meter and service, sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC) and the Uniform Fire Code (UFC), if applicable. Minimum water service lateral shall be one inch. Meters shall be sized per building code and be touch -read type. (PW) c. A driveway shall be constructed on Huntington Street per Public Works standards. (PW) d. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. e. 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. f. A fence shall be constructed along the north property line subject to issuance of a building permit. The fence may not be chain link, and must be architecturally compatible with the surrounding area. A materials palette shall be reviewed and approved by the Planning Department. g. An automatic fire sprinkler and fire alarm system shall be installed throughout Unit 3. Shop drawings shall be submitted and approved by the Fire Departments prior to system installation. (FD) h. A fire alarm system shall be installed providing Manual Pull Station(s), Water Flow, Audible Alarms, and Smoke Detectors. (FD) ZA Minutes — 03/08/00 5 (OOZM0308) i. 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. Indicate hydrant locations and fire department connections. This project requires approximately one (1) fire hydrant. (City Specification 407) (FD) j. The project shall comply with all provisions of the HBFC and City Specification 422, Well Abandonment. (FD) k. The project shall comply with all provisions of the HBMC Section 17.04.085 and City Specification 429, Methane District Building Permit Requirements. (FD) 1. Address numbers shall be installed to comply with City Specification 428. (FD) 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 99-70 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 99-70 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. 99-70, 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 Coun of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. z: 0 1 ZA Minutes — 03/08/00 6 (OOZM0308) 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. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 10. Park and Recreation Fees shall be paid prior to issuance of building permits. 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) ITEM 2: CONDITIONAL USE PERMIT NO.00-04 (DANCE STUDIO APPLICANT: Karen T. Coe, 5936 Bixby Village Drive, #195, Long Beach, CA 90803 PROPERTY OWNER: Kenneth Reynolds, 9421 Leilani Drive, Huntington Beach, CA 92646 REQUEST: To permit the establishment of a dance studio in an existing commercial center. LOCATION: 9596 Hamilton Avenue (on Hamilton Avenue east of Bushard Street) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed site plans stating the purpose and location of the request. Staff stated that the project complies with zoning requirements including parking. Staff recommended approval of the project based upon the findings as outlined in the staff report. No telephone calls or letters have been received regarding the project. THE PUBLIC HEARING WAS OPENED. Karen Coe, 5936 Bixby Village Drive, 4195, Long Beach, the applicant, stated that she had no comments. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mike Strange, Acting Zoning Administrator, stated that he was going to approve the item with the addition of a condition stating that the rear door is to remain closed during operating hours. CONDITIONAL USE PERMIT NO.00-04 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. ZA Minutes — 03/08/00 7 (OOZM0308) 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 leasing of existing structures involving no expansion of use is considered exempt under CEQA. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 00-04: Conditional Use Permit No. 00-04 for the establishment, maintenance and operation of the dance studio 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 dance studio will provide instruction to small groups of students (no more than 6 in a class) within an existing suite and instruction will be available for residents in the area. 2. The conditional use permit will be compatible with surrounding uses because the dance studio will be located within an existing commercial center and the dance students will be mainly school -aged children from the surrounding neighborhoods, plus a small number of adults. 3. The proposed dance studio 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 dance studio meets all code requirements including parking. 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 Commercial Neighborhood on the subject property which permits the proposed use. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-04: The site plan, floor plans, and elevations received and dated January 11, 2000 shall be the conceptually approved layout. 2. Prior to final building permit inspection and/or prior to issuance of a Certificate of Occupancy, the following shall be completed: a. 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) b. 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) c. Occupant load signs shall be posted in a conspicuous location near the entry. The occupant load is to be determined by the building department. (FD) V. ZA Minutes — 03/08/00 8 (OOZM0308) d. Fire extinguishers shall be installed and located in areas to comply with HBFC standards found in City Specification 424. (FD) 3. The use shall comply with the following: a. Only the uses described in the narrative shall be permitted. b. No more than six (6) students shall be permitted per class. c. The rear door of the facility shall remain closed during operating hours. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: I . Conditional Use Permit No. 00-04 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-04 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. 00-04, 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. 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. 7. 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. ZA Minutes — 03/08/00 9 (OOZM0308) 8. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. ITEM 3: CONDITIONAL USE PERMIT NO.99-24/SIGN CODE EXCEPTION NO.99-03 (TACO BELL/PIZZA HUT) APPLICANT: Francher Development Services, Inc., 1342 Bell Avenue, Suite 3K, Tustin, CA 92780 PROPERTY OWNER: Fong Seng Irrevocable Trust, 3256 White Cloud Drive, Hacienda Heights, CA 91745 REQUEST: CUP: To permit the construction of a 2,898 square foot fast food restaurant with drive -through service, and associated parking, and landscaping site improvements. SCE: To: 1) exceed the maximum sign area for menu board signs to allow 45.3 square feet in lieu of 10 square feet of sign area; 2) exceed the maximum sign height for menu board signs to allow a seven foot- six and three -eights inch sign height in lieu of seven feet; and 3) exceed the maximum number of menu board signs to allow a second 30 square foot menu board (preview menu board). LOCATION: 19101 Magnolia Street (west side of Magnolia Avenue approximately 160 feet south of Garfield) PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed site plans, elevations and tile samples stating the purpose and location of the request. Staff stated that the proposal complies with all development standards with regard to the building design. Staff supported the request based upon the findings and conditions as outlined in the staff report. Staff stated that the applicant has agreed to the conditions with the exception of condition Lc requiring that the wainscoting materials be replaced with natural stone. Staff stated that the applicant has requested that the Zoning Administrator approve the original materials as presented with the request, or provide direction to staff to work with the applicant in finding an alternate material for the wainscoting. Staff requested deletion of condition La stating that this condition was originally raised by the Public Works Department based on a previous design that was submitted by the applicant. Since that time the plans have been modified and Public Works has agreed to the deletion of condition La. Mike Strange, Acting Zoning Administrator, asked staff if reciprocal parking to the north would be required and staff confirmed. THE PUBLIC HEARING WAS OPENED. Scott Duffner, 1342 Bell Avenue, #K, Tustin, the applicant, referred to the tile sample, and expressed a preference for that particular tile as opposed to staff s recommended natural stone as setforth in ZA Minutes — 03/08/00 10 (OOZM0308) L, 1 condition Le. Mr. Duffner took issue with condition Lo and asked that the driveway entrances be identified as those to the north. Mr. Strange asked Mr. Duffner to work with staff on the issue of the wainscoting material, and asked staff to specify in condition Lo that the referenced driveway is to the north of the proposed building. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Strange stated that he was going to approve the request with the deletion of condition La. Mr. Strange asked staff to remove the words "natural stone" from condition 1.e. CONDITIONAL USE PERMIT NO.99-24/SIGN CODE EXCEPTION NO.99-03 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Class 3, Section 15303 of the CEQA Guidelines, which states that construction of a new minor retail facilities not exceeding 10,000 sq. ft. are exempt from environmental review. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-24: 1. Conditional Use Permit No. 99-24 for the establishment, maintenance and operation of a 2,898 square foot fast food restaurant with drive -through service, and associated parking, and landscaping site improvements 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 proposed project incorporates adequate architectural elements, roofline variation, building wall offsets, and landscaping and will enhance the appearance of the project area. 2. The conditional use permit will be compatible with surrounding uses because the building as proposed, will be sited along the Magnolia Street frontage and will be in considerable distance from residential properties to the west. No adverse parking, traffic, noise, or visual impacts are anticipated onto residential uses in the immediate vicinity. 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, in addition to any specific condition required for the proposed use in the district in which it would be located, except for the sign code exceptions requested in conjunction with the subject conditional use permit. The project will meet and exceed parking and landscaping requirements and will comply with development standards such as building setbacks and height. ZA Minutes — 03/08/00 11 (OOZM0308) 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 Commercial General on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 4 — Achieve and maintain high quality architecture, landscape, and public open spaces in the City. b: LU 10.1.4 — Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. C. CE 7 — Maintain and enhance the visual quality and scenic views along designated corridors. d. UD 1— Enhance the visual image of the City. FINDINGS FOR APPROVAL - SIGN CODE EXCEPTION NO.99-03: 1. Sign Code Exception No. 99-03 to: 1) exceed the maximum sign area for menu board signs to allow 45.3 square feet in lieu of 10 square feet of sign area; 2) exceed the maximum sign height for menu board signs to allow a seven foot- six and three -eighths inch sign height in lieu of seven feet; and 3) exceed the maximum number of menu board signs to allow a second 30 square foot menu board (preview menu board) is compatible with the character of the area and is needed for special circumstances defined by the applicant and approved by the Zoning Administrator. The menu board allowed by HBZSO is not adequate to meet the needs of the applicant. The request is consistent with recent approvals granted to other fast food restaurants. 2. The proposed signage will not adversely affect other signs in the area because it is located in the interior of the site along the drive -through lane and will not block visibility of other signage. 3. The proposed signage will not be detrimental to properties located in the vicinity because it will not be highly visible from surrounding properties due to its interior location. 4. The proposed signage will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction because it is located along the drive -through lane and in considerable distance from the Magnolia Street driveway entrances. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-241 SIGN CODE EXCEPTION NO.99-03: 1. The site plan, floor plans and elevations received and dated January 7, 2000 shall be the conceptually approved layout with the following modifications: a. The metal awnings shall be replaced with fabric awnings. Revised design and color/ materials palette for the awnings shall be submitted to the Planning Department for review and approval. ZA Minutes — 03/08/00 12 (OOZM0308) b. The proposed wainscoting materials shall be replaced. The color and specific stone type shall be subject to approval by the Planning Department. c. Elevations shall depict colors and building materials proposed. 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. The proposed parking stall length shall be reduced to 17 ft. The remaining 2 ft shall be added to adjoining sidewalks or landscaped areas. f. The existing concrete curb with 4 ft. concrete block screen wall along the Magnolia Street frontage shall be removed. g. The monument sign along Magnolia Street shall be sited perpendicular to the street frontage. h. The preview menu board shall be relocated 15 ft. west of the proposed location. i. All directional signs shall be limited to two (2) sq. ft. and shall not include the business name or logo. All freestanding signs shall comply driveway and street intersection sight distance requirements. All wall signage shall comply with HBZSO maximum sign area requirements. (Code Requirement) j. 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) k. 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) 1. 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. in. 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. ZA Minutes — 03/08/00 13 (OOZM0308) n. The driveway entrance north of the building site shall have textured and colored pavement (behind sidewalk on private property). 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) b. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect, shall be submitted to the Department of Public Works for review and approval by the Park, Tree and Landscape Division. (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, liquefaction, retaining walls, street, and utilities. (PW) d. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. (PW) e. 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. All Fire Department requirements shall be noted on the building plans. (FD) c. 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) 4. Prior to issuance of building permits, the following shall be completed: a. Submit 8 inch by 10 inch colored photographs of all colored renderings, elevations and materials sample board to the Planning Department for inclusion in the entitlement file. ZA Minutes — 03/08/00 14 (OOZM0308) L 1 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 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. An interim parking and/or building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. d. All fees shall be paid. (PW) e. The subject property shall provide an irrevocable offer to dedicate reciprocal driveway easements, between the subject site and adjacent property to the north. 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 60 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 issuance of a Certificate of Occupancy, a copy of the recorded document shall be 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. ZA Minutes — 03/08/00 15 (OOZM0308) PC 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. Prior to final building permit inspection and approval, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Landscaping; 2) The proposed sewer shall be connected to the existing on -site sewer. (PW) 3) The driveway on Magnolia Street closest to the project shall be removed and replaced with the City standard driveway approach 211 (Commercial and Industrial Driveway Approach). (PW) 4) Reciprocal access shall be provided between the proposed site and the adjacent Blockbuster Video parking lot. The access shall be designed to the satisfaction of the Public Works Department. (PW) 5) A new separate domestic/ irrigation 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 shall be 2 inches. (PW) 6) Separate backflow protection shall be installed per the City of Huntington Beach Water Division Standards for domestic, irrigation and fire water services. (PW) 7) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 8) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) 9) Fire access roads shall be provided in compliance with City Specification 401. Include the Circulation plan and dimensions of all access roads. (FD) 10) 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) 11) 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) b. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. ZA Minutes — 03/08/00 16 (OOZM0308) c. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. d. 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. Conditional Use Permit No. 99-24/ Sign Code Exception No. 99-03 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 99-24/Sign Code Exception No. 99-03 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. 99-24/Sign Code Exception No. 99-03, 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. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 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. 7. 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. ZA Minutes — 03/08/00 17 (OOZM0308) 8. All signs shall conform to the HBZSO and/or approved sign plans. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 9. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 10. State -mandated school impact fees shall be paid prior to issuance of building permits. 11. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. ITEM 4: CONDITIONAL USE PERMIT NO.99-74/VARIANCE NO.00-06 (KAHALE SMOG CHECK) APPLICANT: Anno Domini Architects, Ashur Elkhoury, 200 N. Harbor Blvd., Suite 202, Anaheim, CA 92805 PROPERTY OWNER: Tony Kahale, 17722 Santa Maria Avenue, Fountain Valley, CA 92708 REQUEST: To establish a smog check test station within a previously approved but not yet constructed building. The project includes provision of required vehicle parking spaces within an enclosed building. The variance is requested for reduction in landscape planter width and reduction in parking stall dimensions and required back-up space. LOCATION: 7382 Talbert Avenue (south side of Talbert, approximately 100 feet east of Gothard) PROJECT PLANNER: Jane James Jane James, Staff Planner, displayed site plans and photographs stating the purpose and location of the request. Staff stated that the development standards have changed since the original approval of the building in 1987, including landscaping and parking lot requirements. Staff expressed support for the request based upon the findings as outlined in the staff report, and stated that the proposed project complies with all development standards and code. No calls or letters have been received regarding this project. THE PUBLIC HEARING WAS OPENED. Ashur Elkhoury, 200 N. Harbor Blvd., Suite 202, Anaheim, the applicant, clarified the hours and days of operation for the project. Mr. Elkhoury referred to condition 1.1 stating that the non-public restroom will be used by two employees only, and therefore the restroom will be unisex. Mr. Elkhoury requested clarification of condition 2.b, specifically the terms "grate/fossil filter." Mr. Elkhoury stated that he does not anticipate the use of any hazardous material. Tony Kahale, 17722 Santa Maria Avenue, Fountain Valley, property owner, spoke on behalf of the request. z; ZA Minutes — 03/08/00 18 (OOZM0308) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HE, WAS CLOSED. Mike Strange, Acting Zoning Administrator, advised Mr. Elkhoury to meet with Public Works in regard to his question of condition 2.b. CONDITIONAL USE PERMIT NO.99-74NARIANCE NO.00-06 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because construction of the new building will not impact any fish or wildlife habitats, will not disrupt any biological resources, will comply with all ordinances regarding soils analysis and dust control, and is not anticipated to have any adverse impact on the environment. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-74: 1. Conditional Use Permit No. 99-74 for the establishment, maintenance and operation of the smog check test station business with required parking within an enclosed 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. Approval of the request will allow a previously approved but never constructed project to be completed. Construction of the project will eliminate a partially finished foundation on the site, will complete landscaping improvements, and will improve the overall aesthetics and property values in the vicinity. 2. The conditional use permit will be compatible with surrounding uses because there are other auto repair, auto maintenance, and other general industrial uses adjacent to the subject property. The proposed smog check test station business is a similar industrial type use and will not be located adjacent to any noise sensitive or residential uses. The proposed smog check test station with required parking spaces within the 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 except for variances to landscape planter width and parking lot dimensions, which have been approved concurrently. The project complies with all other development standards. ZA Minutes 03/08/00 19 (OOZM0308) 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. Goal LU 1: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. b. Goal LU 12: Achieve the development of industrial uses that provide job opportunities for existing and future residents, as well as the surrounding subregion, and generate revenue for the City. The proposed project increases the City's industrial base, will provide jobs, provides a necessary vehicle service, and ultimately contributes towards improving residents' quality of life. FINDINGS FOR APPROVAL - VARIANCE NO.00-06: The granting of Variance No. 00-06 for reduction in landscape planter width, reduction in parking stall dimensions, and reduction in required back-up space will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Other properties in the vicinity have been granted variances to development standards when warranted. 2. Because of special circumstances applicable to the subject property, including size, 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. At 57 feet, six inches wide and 5,175 square feet in total size, the property is substantially smaller than a typical industrial property. A development plan was originally approved for the site approximately 10 years ago and although a foundation was built, the structure was never completed. Therefore, the development site is legally vested but can not be completed unless the actual use of the structure (smog check test station) is established and variances to landscape and parking are approved. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The landscape and parking variances allow construction on the property to be completed and allow the site to be used for a smog check test station. 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 variances for reduced landscape and parking dimensions will not effect any other property in the industrial zones. In addition, vehicles will typically be maneuvered on site by smog check test station employees who will be familiar with the design of the parking 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 will allow development and operation of an industrial type business. it ZA Minutes — 03/08/00 20 (OOZM0308) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-74NARIANCE 00- 06: 1. The site plan, floor plans, and elevations received and dated November 24, 2000 shall be the conceptually approved layout with the following modifications: a. The exterior roof access stairs shall be relocated from the front elevation to inside the building. b. The monument sign shall not be located within the visibility area required at the driveway and Talbert Avenue. A separate building permit is required for the sign. (Code Requirement) c. A mezzanine floor plan shall be provided and shall be no more than 200 square feet in total floor area. d. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code, except for the variance to stall width and back-up space approved concurrently. (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. The maximum separation between building wall and property line shall not exceed two (2) inches. i. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spill -over" onto adjacent properties, shall be shown on the site plan and elevations, and shall not emit glare skyward. Lighting shall be capable of being dimmed to a minimum security level during hours of non -operation of the facility. (PW) ZA Minutes — 03/08/00 21 (OOZM0308) Building plans shall state the occupancy classification for all areas and shall include a Building Code Analysis. The plans shall include exterior wall and opening protection required by Table 5-A. Four hour exterior walls and parapets must be provided for walls facing interior property lines. Exhaust ventilation must be provided for each parking stall, Uniform Building Code Section 1202.2.4. (BD) k. Structural calculations shall be prepared to comply with the Uniform Building Code 1997 edition. (BD) 1. This facility needs to provide bathrooms for each sex when classified as an assembly use or retail use or will have four or more employees. (BD) in. This facility needs to meet the disabled access requirements of the State Building Code for access . (BD) 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) b. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. The site shall drain through a grate/fossil- filter or similar device under the sidewalk. (PW) c. A detailed soils analysis shall be prepared by a registered Soils 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 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) 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. All Fire Department requirements shall be noted on the building plans. (FD) 4. Prior to issuance of building permits, the following shall be completed: a. All applicable Public Works fees shall be paid. (PW) b. A grading permit shall be issued. (PW) ZA Minutes — 03/08/00 22 (OOZM0308) c. A minimum of 45 days prior to building permit issuance, the applicant shall submit a covenant restricting the uses within the building to those depicted on the approved plans. Specifically, the covenant shall restrict the uses within the building to 195 square feet maximum office use, 400 square feet maximum for smog check use, two indoor vehicle parking spaces, 700 square feet of drive aisle area, and 1,100 square feet maximum of storage use (includes 200 square feet storage on a second level mezzanine). The covenant shall be reviewed and approved for form and content by the City Attorney prior to issuance of building permits. The covenant shall be recorded on the property prior to final building permit inspection and issuance of a Certificate of Occupancy. 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, 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. 2) All new and existing utilities shall be installed underground. (PW) 3) A new separate domestic/irrigation 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 shall be two inches. Meter shall be a touch read type. (PW) 4) Separate backflow protection shall be installed per the City of Huntington Beach Water Division Standards for domestic, irrigation and fire water service. (PW) ZA Minutes — 03/08/00 23 (OOZM0308) 5) If fire sprinklers are required to the proposed building, the building shall have a separate fire service with an appropriate backflow protection device. (PW) 6) All public water facilities and appurtenances shall be located within easements dedicated to the City of Huntington Beach. (PW) 7) The existing service and meter shall be abandoned per City of Huntington Beach Water Standards. (PW) 8) The existing driveway shall be per City of Huntington Beach Standard Plan No. 211 for commercial driveways. Minimum driveway width shall be 27 feet (only 25 feet is currently shown on site plan). (PW) 9) The proposed monument sign shall be less than 3 feet, six inches tall to provide code compliance for sight distance or shall be relocated outside of the visibility triangle (see condition number Lb. above). (PW) 10) All sewer laterals shall be 6 inches minimum. (PW) 11) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification No. 424. (FD) 12) Address numbers will be installed to comply with City Specification No. 428. (FD) b. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. c. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. d. 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. e. The covenant, as described in Condition of Approval No. 4.c., shall be recorded on the property and a copy of the recorded document shall be submitted to the Planning Department. 7. The use shall comply with the following: a. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. b. All smog check test work shall be conducted wholly within the building. c. Only the uses described in the narrative shall be permitted. d. The use of the building shall comply with the restrictions established within the covenant recorded on the property. ZA Minutes — 03/08/00 24 (OOZM0308) 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. 99-74/Variance No. 00-06 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 99-74/Variance No. 00-06 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- 74Nariance No. 00-06, 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 Cleric'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) ZA Minutes — 03/08/00 25 (OOZM0308) 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. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. ITEM 5: CONDITIONAL USE PERMIT NO 99-66 (BRISAS DEL MAR) APPLICANT: Joyce Gill, Gill Management Company, 2827 W. DeVoy Drive, Anaheim, CA 92801 PROPERTY OWNER: Brisas Del Mar Homeowner's Association, 2827 W. DeVoy Drive, Anaheim, CA 92801 REQUEST: To construct a six (6) feet high perimeter wrought iron fence and entrance gates within the setback area in lieu of a maximum height of 42 inches. LOCATION: 409 Utica (northwest corner at Delaware) PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, displayed site plans and photographs, stated the purpose and location of the request, and stated that the fence is for security purposes. Staff recommended approval of the request with the changes as outlined in conditions no. Ld (for aesthetic purpose), Le (Code requirement), and l .f (Public Works requirement). THE PUBLIC HEARING WAS OPENED. Carl Whiter, P.O. Box 967, Brea, the contractor, took issue with conditions La, Lb, and 4.d, expressing support of the current location of the fence. Chris Griffin, 409 Utica Avenue, #C23, neighboring resident, emphasized the security provided by the fence, but opposed the proposed placement of the fence and gate. Ms. Griffin proposed that the fence be placed at the edge of the sidewalk. Kathleen Denney, 409 Utica, #C27, neighboring resident, opposed the request, stating further public foot traffic and dogs would be encouraged onto their property. Ms. Denney stated that parking would be a problem, and preferred the fence be placed at the sidewalk and around the entire complex. Kathleen Peerenboon, 409 Utica, #40, neighboring resident, opposed the request stating the project would bring strangers onto her property. Ms. Peerenboon requested that the fence be placed near the City sidewalk, and she emphasized aesthetic concerns. Geri Steenveld, 409 Utica, #C29, neighboring resident, addressed issues of security and undesirables in the neighborhood. ZA Minutes — 03/08/00 26 (OOZM0308) [i 1 C THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mike Strange, Acting Zoning Administrator, stated that he was going to continue the matter in order to allow him time to visit the site. CONDITIONAL USE PERMIT NO.99-66 WAS CONTINUED TO THE MARCH 22, 2000 MEETING. THE MEETING WAS ADJOURNED AT 2:55 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MARCH 15, 2000 AT 1:30 PM. Mike Strange, Acting Zoning Administrator :rmk ZA Minutes — 03/08/00 27 (OOZM0308)