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HomeMy WebLinkAbout2000-04-05MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, APRII.5, 2000 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Amy Wolfe, Jane James, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: Oct 13 and Dec 22, 1999; Jan 26, Feb 2, Feb 9, Feb 16, Feb 23, and Mar 1, 2000 Minutes. ORAL COMMUNICATION: None Item 1 was moved to the end of the Agenda. Please note the Minutes will reflect actions taken in their original order. ITEM 1: CONDITIONAL USE PERMIT NO. 99-28/TENTATIVE PARCEL MAP NO. 99- 157/VARIANCE NO 00-05(SEACLIFF BUSINESS CENTER) (CONTINUED FROM THE ® MARCH 29, 2000 MEETING) 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 on a vacant site with a grade differential of 12.7 ft. between the high and low point. The tentative parcel map is to subdivide 4 lots into 7 number lots and 1 letter lot. The variance is to permit construction of 2 buildings with 26.9 ft. and 25.8 ft. height respectively, in lieu of 18 ft., within 45 ft. of residential property. LOCATION: West side of Stewart Street, approximately 380 feet south of Garfield Avenue PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed site plans and elevations stating the purpose and location of the request. Staff stated that scheme A is intended to be utilized by six tenants whereas scheme B is for seven tenants, with a minor difference between lot 4 and 5 (and the corresponding buildings). ® Staff recommended denial of the request based upon the findings for denial and because the project does not meet the intent of the General Plan for compatibility with the residential areas, and the proposed development is not in compliance with minimum front yard setbacks and maximum building height. 9 n h alternative staff resented draft findings and conditions for approval. No written or verbal I the p g comments were received in response to the public notices. Mary Beth Broeren, Zoning Administrator, stated that she received one telephone call from Ron Metzler of Shea Properties, developer of the residential property south of the subject site. Mr. Metzler requested a condition for 15-foot wide landscaping between the two properties, including 36- inch box trees to be decided upon by the City. THE PUBLIC HEARING WAS CONTINUED OPEN. Dave Walden, 18012 Cowan, Suite 210, Irvine, engineer, presented colored site plans and addressed the issues of compatibility as outlined in the findings for denial in the staff report (in particular the loading areas and truck access). Mike Bouma, 2099 So, State College Blvd., #100, Anaheim, presented detailed explanations in support of findings and conditions for approval. Steve Barasch, 225 Prado Road, Suite H, San Luis Obispo, architect, displayed plans and addressed the landscaping issues. Mr. Barasch presented a written response to staffs findings for denial, and addressed each of staff s findings for denial asserting reasons for approval. Mr. Barasch presented a letter from Dave Henry of Hazard Management Consulting summarizing the status of the contamination issue. 0 Mary Beth Broeren, Zoning Administrator, stated that condition Lin is now Lp, condition Ln is now l.q, and condition Lq is now Lt. Eli Naffah, Economic Development, encouraged approval of the request and presented a copy of the Economic Development Element General Plan supporting approval of the proposed project. Gregg Galusha, 1999 Avenue of the Stars, Los Angeles, project director with Morgan Stanley, addressed the Fire Department concerns and addressed the letter from Hazard Management Consulting. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that the project presents an opportunity to address some of the Economic Development Element goals that have been outlined, and presents some challenges for the City because of the proximity to the residential. Ms. Broeren stated that the analogy that was made between the shopping center on the other side of Goldenwest and the displays that were shown about the industrial properties in the City indicate that this project is comparable to, or in some cases, in a slightly better condition than some of the other situations. Ms. Broeren stated that she does share some of staff s concerns regarding some of the elements of the project, but overall some changes have been made since the initial hearing including the landscaping between the residential and the site that do enhance the project. ZA Minutes 04/05/00 2 (OOZM0405) Based upon the foregoing, Ms. Broeren stated that she was going to approve the request with the following changes to staff s proposed draft findings and conditions for approval. Findims for the tentative parcel map (TPM): No. 2 add: due to grade differential, building separation and enhanced landscaping. Findings for the conditional use permit CUPZ No. 4 add: and Economic Development Element goals, objectives, and add: ED 1.1, ED 2.5, ED 2.5.1 Conditions of approval for the TPM: No. 6 add new condition: At least 90 days before approval of the final parcel map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall include the restrictions on loading hours, and reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Business/ Building Owners' Association. The CC&Rs must be in recordable form prior to recordation of the map. Conditions of approval for the CUP: No. Lb add: buildings 2 and 4/5 along Parcel "A" add: and/or architectural treatment No. 1.d add new condition: The loading door for building 4 and 4/5 along Goldenwest shall utilize decorative architectural details and colors and materials compatible and complimentary with the buildings' design. No. 1.e add new condition: Loading area signage for buildings 4 and 4/5 shall not be visible from Goldenwest Street. No. 3.e add: for any common walls. No. 3.f add: The landscaping within the 15 ft landscape area along the southerly property line shall be enhanced with 36 inch box trees for the purpose of screening pursuant to approval of the Planning Department. No. 3.i add: (Turley Oil Lease Site, Area 3 & 8) No. 4.c.(1) add: and southerly property lines. No. 7.v add: (Area 3 & 8) No. 9 add new condition: Loading shall be restricted from 7:00 AM to 9:00 PM. CONDITIONAL USE PERMIT NO. 99-28/TENTATIVE PARCEL MAP NO. 99- 157/VARIANCE NO. 00-05 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND CONDITIONS OF APPROVAL. ZA Minutes 04/05/00 3 (OOZM0405) SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. 0 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project is covered by previously approved Environmental Impact Report No. 89-1 and will not have any significant effect on the environment FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 99-157: Tentative Parcel Map No. 99-157 for the establishment of seven (7) number lots and one (1) letter lot is consistent with the General Plan Land Use Element designation of I-F2-d-sp (Industrial- 0.5 FAR -Design Overlay -Specific Plan Overlay) on the subject property, the Holly-Seacliff Specific Plan, and other applicable provisions of the Huntington Beach Ordinance Code. Tentative Parcel Map No. 99-157 is consistent with the General Plan Land Use Element Community District and Sub -area Schedule design and development provisions which require that the design and development of the site should ensure compatibility with adjacent residential neighborhoods. The proposed subdivision's lot layout and street configuration provides adequate separation between the proposed loading, parking and other service oriented facilities and adjoining residential development and will not adversely impact said development. The proposed parcels comply with minimum lot size and width. 2. The site is physically suitable for the proposed type and density of development. Adequate separation between the proposed industrial and adjacent residential uses has been incorporated in the proposed project design. The proposed type and density will not compromise project design quality or compatibility with future residential uses to the south of the site due to grade differential, building separation and enhanced landscaping. 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 does not contain any fish or wildlife habitat. 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 map further improves access because a connection will be provided between Goldenwest Street and Stewart Street. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 99-28: Conditional Use Permit No. 99-28 for the establishment, maintenance and operation of six (6) - Scheme "A"- or seven (7) - Scheme `B"- buildings and associated site improvements will not be detrimental to the general welfare of persons working or residing in the vicinity and to the value of the property and improvements in the neighborhood. The proposed site planning and building design will achieve a high level of quality and will be compatible with future residential uses to the w south of the project site. A minimum 15 ft. wide landscape area will be provided along the ZA Minutes 04/05/00 4 (OOZM0405) southerly property line between the industrial complex and future residential uses to the south. ® Loading areas will be located a minimum of 45 ft. from the southerly property line. 2. The conditional use permit, is compatible with surrounding uses because of building design and location of service and loading areas. The proposed structures will incorporate parapets to screen roof -mounted mechanical equipment from adjacent residential uses. Loading areas will be sited in considerable distance from future residences to the south of the site. The proposed industrial complex will comply with the provisions of the base district and other applicable provisions in the Huntington Beach Ordinance Code with the exception of the building height variance (Variance No. 00-05) which is requested in conjunction with the subject project development request. The proposed development as conditioned, is in compliance with minimum front yard setbacks, and parking area design requirements. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the following Land Use Element and Economic Development Element goals, objectives and policies of the General plan applicable to the subject property: LU12.1.4. 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. LU 12.1.5. Require that new and recycled industrial structures and sites be designed to convey visual interest and character and to be compatible with adjacent uses, considering the: ® • use of multiple building masses and volumes to provide visual interest and minimize the visual sense of bulk and mass; • architectural design treatment of all building elevations; • mitigation of noise odor, lighting and other impacts ED L I Enhance the City's market potential in terms of retail, office, industrial, and visitor serving activity. This would allow Huntington Beach to provide for retail, office, and industrial opportunities that serve the current and projected population and enhance sales and occupancy tax revenue. ED 2.5 Revitalize, renovate, and expand available industrial lands and facilities while attracting new industrial uses. ED 2.5.1 Encourage and assist existing and potential industrial owners to update, modernize, and expand their industrial properties. In addition the proposed project is consistent with the following Community District and Sub -area design and development characteristics: Subarea 9A • Design and site buildings to ensure compatibility with adjacent residential neighborhoods. ® FINDINGS FOR APPROVAL - VARIANCE NO.00-05: The granting of Variance No. 00-05 to allow construction of two buildings with 26.9 ft. and 25.8 ft. height respectively in lieu of 18 ft. within 45 ft. of residential property will not constitute a grant ZA Minutes 04/05/00 5 (OOZM0405) of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Improvement of the property is limited by numerous abandoned oil well sites which restrict site planning and building placement. 0 2. There are special circumstances applicable to the subject property, including topography, location and surroundings, based on which 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 property has a grade differential of 12.7 ft. between the high and low point and is approximately 3.5 to 5.5 ft lower than the adjacent residential areas to the south. Permitting a building height variance to exceed the maximum 18 ft. building height within 45 ft. of residential areas will meet the intent of the building height limitation due to the grade differential between the industrial and residential properties and will not deprive the subject property of privileges enjoyed by other industrial properties in the vicinity. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights because it would permit development of the site with industrial buildings with the necessary 18 ft.- 22 ft. minimum roof clearance under the roof beams. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification because it would allow construction of building parapets to screen roof -top mounted mechanical equipment. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of I-F2-d-sp (Industrial- 0.5 FAR -Design Overlay -Specific Plan Overlay) on the subject property and is consistent with the General Plan Land Use Element Community District and Sub -area Schedule design and development provisions which require that the design and development of the site should ensure compatibility with adjacent residential neighborhoods. CONDITIONS OF APPROVAL — TENTATIVE MAP NO. 99-157: 1. The tentative parcel map received and dated March 15, 2000 shall be the conceptually approved layout. The lot line between Lot 5 and Lot 6 shall be adjusted to accommodate the required number of parking spaces for the proposed buildings on their respective lots should Scheme "A" be implemented. 2. 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) 3. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following item: a) Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. • b) Provide a digital -graphics file of said map. (PW) ZA Minutes 04/05/00 6 (OOZM0405) 4. All vehicular access rights to Goldenwest Street and Stewart Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the Zoning Administrator. (PW) The Final Parcel Map shall be recorded with the County of Orange prior to issuance of building permits. (PW) 6. At least 90 days before approval of the final parcel map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall include the restrictions on loading hours, and reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Business/ Building Owners' Association. The CC&Rs must be in recordable form prior to recordation of the map. 7. The following shall be shown as a dedication to the City of Huntington Beach on the Final Parcel Map: a) The water system and appurtenances as shown on the improvement plans. b) Access rights in, over, across, upon and through the private street for the purpose of maintaining, servicing, cleaning, repairing and replacing the water system. c) An easement over the private streets for Police and Fire Department access purposes. (PW) S. All pertinent conditions of approval for Conditional Use Permit No. 99-28 shall be complied with. 9. The Departments of Planning, Public Works and Fire 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 tract 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 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 - TENTATIVE MAP NO. 99- 157: Tentative Map No. 99-157, shall not become effective until the ten calendar day appeal period has elapsed. 2. Tentative Map No. 99-157, 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. All applicable Public Works fees shall be paid. ® 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. ZA Minutes 04/05/00 7 (OOZM0405) 5. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Determination at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-28: 1. The site plan, floor plans and elevations received and dated January 21, 2000 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict colors and building materials proposed. b. The elevation design of Buildings 2 and 4/5 along Parcel "A" shall be enhanced by additional fenestration and/or architectural treatment comparable with that shown on the east elevation of Buildings 3 and 7. c. The northerly elevation design of Buildings 1-3 and southerly elevation design of Buildings 4, 4/5-7 shall be enhanced by incorporating architectural reveals, patterns and color which mirror the wall/ window geometric details on the east elevation of Buildings 3 and 7. d. The loading door for building 4 and 4/5 along Goldenwest shall utilize decorative architectural details and colors and materials compatible and complimentary with the buildings' design. e. Loading area signage for buildings 4 and 4/5 shall not be visible from Goldenwest Street. 0 f. The masonry screen wall design for the truck loading area along Goldenwest Street shall be architecturally enhanced to complement the building's architecture and color. The landscaping adjacent to the screen wall shall be intensified to screen, to the maximum extent possible, trucks and loading activities from Goldenwest Street. g. An 8 ft. high masonry wall shall be constructed on the common property line between the project site and southerly adjacent residential area. The wall design shall be architecturally enhanced to complement the buildings' architecture and colors. The wall will gradually transition and connect to proposed walls on Lot 4 and Lot 7. h. Use of retaining walls shall be minimized. Retaining walls along the project's northerly property line shall be architecturally enhanced to complement the proposed project's architecture and colors or integrated within the building design. i. Trash enclosure wall finish and colors shall be compatible with the project's materials and color palette. j. A minimum loft. wide landscaped planter area (inside dimensions), shall be provided along front and exterior side property lines and parking areas or buildings along Parcel "A" except at driveway openings. Berming shall be a minimum of 20 inches in height. (Code Requirement) s ZA Minutes 04/05/00 8 (OOZM0405) k. A minimum 10 ft. wide landscaped planter area (inside dimensions), shall be provided along Stewart Street. (Code Requirement) ® 1. A minimum 15 ft. wide landscaped planter area (inside dimensions), shall be provided along front property lines and buildings along Goldenwest Street. (Code Requirement) in. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) n. The width of all parking spaces located adjacent to trash enclosures or gates/fences shall be increased by 3 ft. The revised site plan shall comply with minimum parking requirements for each proposed building on its respective lot. (Code Requirement) o. The property line between Lot 5 and Lot 6 (Scheme "A") shall be adjusted in accordance with the revised Tentative Parcel Map No. 99-157, to accommodate the required number of parking spaces for each proposed buildings on its respective lot. (Code Requirement) p. Lot 1 and Lot 4 shall provide a 15 ft. landscape area, exclusive of any parking overhang along the Goldenwest street frontage. The floor plan for Building 1 and the parking area for Building 4 and 4/5 along Goldenwest Street shall be amended accordingly. (Code Requirement) q. 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) 0 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) s. 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. t. The maximum separation between building wall and property line shall not exceed two (2) inches for zero lot line construction. ZA Minutes 04/05/00 9 (OOZM0405) u. 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. • v. The driveway entrances to Parcel "A" at the intersection areas with Goldenwest Street and Stewart Street shall have textured and/ or colored pavement (behind sidewalk on private property). 2. A soils remediation plan and implementation schedule for the Turley Oil Lease site (Area 3 &8) shall be submitted and approved by the Fire Department prior to rough grading and permit submittal. (FD) 3. Prior to issuance of grading permits, the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) b. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. The entire site must drain into a clarifier prior to entering the storm drain system per Public Works requirements. (PW) c. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site oil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. (PW) . d. 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. e. Site plans and elevations depicting the height and material of all retaining walls, walls, and fences consistent with the grading plan shall be submitted to and approved by the Planning Department. 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 for any common walls. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. f. 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. The landscaping within the 15 ft landscape area along the southerly property line shall be enhanced with 36 inch box trees for the purpose of screening pursuant to approval of the Planning Department. The Developer shall submit irrigation demands to ensure proper irrigation service sizing. (PW) ZA Minutes 04/05/00 10 (OOZM0405) g. Street Improvement Plans prepared by a Registered Civil Engineer, shall be submitted for ® review and approval. (PW) h. Hydrology and hydraulic studies for both on and off site facilities shall be submitted. (PW) The subject soils remediation plan (Turley Oil Lease Site, Area 3 & 8) and associated implementation schedule shall be reviewed and approved by the Fire Department in accordance with City Specification 431-92, including soil remediation methods to eliminate impacts on surrounding properties prior to issuance of precise grading permits and/or any building permits on the project site. (FD) 4. 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. Names of streets shall be submitted to and approved by the Huntington Beach Fire Department in accordance with City Specification No. 409. (FD) c. The Planning Department shall review and approve the following: 1) Architectural treatment of screen walls along Goldenwest Street and southerly property line. 2) Revised elevations as modified pursuant to Condition No. 1. d. All Fire Department requirements shall be noted on the building plans. (FD) e. 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) f. A planned sign program for all signage shall be submitted to the Planning Department. Said program shall be approved prior to the first sign request. 5. 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, materials sample board, and massing model to the Planning Department for inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Department of Public Works and is 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, ZA Minutes 04/05/00 11 (OOZM0405) existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36 inch box trees and shall be incorporated into the project's landscape plan. (PW) (Code Requirement) c. All applicable Public Works fees shall be paid. (PW) d. A grading permit shall be issued. (PW) e. A Final Parcel Map shall be recorded with the County of Orange. (PW) f. The individual parcels of the subject property shall enter into irrevocable reciprocal driveway and parking easements. 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. g. Joint use parking shall require a Joint Use Parking Agreement be recorded between property owners prior to issuance of permits. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. A copy of the legal instrument shall be approved by the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy of the recorded agreement shall be filed with the Planning Department. (Code Requirement) h. A tentative parcel map consolidating Lot 4 and Lot 5 of Parcel Map No. 99-157 shall be submitted and approved pursuant to Title 25 of the Huntington Beach Zoning and Subdivision Ordinance should "Scheme A" be implemented. Said map shall be recorded prior to building permit approval of Building 4/5 and a copy submitted to the Planning Department. (Code Requirement) 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. j. Submit gated entryway (access control devices) plans to the Planning Department. The gated entryway shall comply with Fire Department Standard No. 403. Prior to the installation of any gates, such plan shall be reviewed and approved by the Planning, Fire and Public Works Departments. ZA Minutes 04/05/00 12 (OOZM0405) k. An "Acceptance of Conditions" form shall be properly executed by the applicant and an ® authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Department for inclusion in the entitlement file. 6. During demolition, 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. ® 7. Prior to issuance of a Certificate of Occupancy, the following shall be completed: a. Each proposed building shall have a separate, new domestic 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) b. The proposed development shall be served by at least one separate irrigation system. (PW) c. The Developer shall construct a new eight -inch water pipeline within the proposed new private street with connections to both the water line in Stewart Street and the waterline in Goldenwest Street. (PW) d. The existing six-inch water pipe in Stewart Street, adjacent to the proposed development, shall be replaced with an eight -inch water pipeline, per City of Huntington Beach Water Division Standards. (PW) e. The buildings shall have a separate fire service with an appropriate backflow protection device for fire sprinklers. (PW) f. Separate backflow protection shall be installed, per the City of Huntington Beach Water Division Standards for domestic, irrigation, and fire water service. (PW) ® g. If any water services serve more than one parcel (including fire and or/irrigation services), a Building Owners's Association agreement shall be established to address such issues as maintenance and billing for the applicable water service. (PW) ZA Minutes 04/05/00 13 (OOZM0405) h. The number and location of fire hydrants shall be determined by the Fire Department. (PW) • i. The public water system and appurtenances shall be located within the public right-of-way or within an easement dedicated to the City. (PW) j. All new and existing utilities shall be installed underground. (PW) k. Half of Stewart Street, along the frontage of this project, shall be reconstructed consisting of new curb, gutter and paving. (PW) 1. The applicant shall cause Goldenwest Street to be fully improved along the property frontage per the street improvement plan set currently being constructed. Street lighting additions/modifications for Goldenwest Street shall be designed and constructed to the satisfaction of the Public Works Department. (PW) in. The Developer and any subsequent owners of this facility will be completely and solely responsible for installing any measures that prove necessary to reduce cut -through traffic on Parcel "A" drive. (PW) n. Install Edison -owned street lighting per City requirements on Stewart Street. Parcel "A" drive shall also be lit using roadway lighting fixtures to the satisfaction of the Public Works Department. (PW) o. The applicant shall design and install signing and striping per City of Huntington Beach Signing • and Striping Guidelines on Parcel "A" drive and at the project access point on Stewart Street. (PW) p. Install red curb on both sides of Parcel "A" drive. (PW) q. The monument signs proposed at the entries shall be designed and/or positioned in a manner that maintains driver sight distance. (PW) r. All sewer laterals shall be 6" minimum. (PW) s. The applicant shall construct a new 8" sewer on Stewart Street to Garfield Avenue. (PW) t. The applicant shall construct a new storm drain in Stewart Street to Garfield Avenue. (PW) u. All landscaping improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. v. Soil remediation on the Turley Oil Lease site (Area 3 & 8) shall be complete or Fire Department approval shall be secured by the applicant, prior to issuance of a certificate of occupancy for the first building on the project site. (FD) w. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification # 424. (FD) ZA Minutes 04/05/00 14 (OOZM0405) x. A Class III wet standpipe system shall be installed. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) y. 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 station(s); b) water flow, valve tamper and trouble detection; c) 24 hour supervision; d) annunciation; e) audible alarms; and 0 smoke detectors (FD) z. Fire lanes will be designated and posted to comply with City Specification 415. (FD) aa. 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) bb. Street names must be approved by the Fire Department. Please refer to City Specification 409. (FD) cc. 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) dd. Four (4) fire hydrants shall be provided at locations specified by the Fire Department. They must be installed before combustible construction begins. Prior to installation, shop drawings indicating hydrant locations and Fire Department connections shall be submitted to the Public Works Department and approved by the Fire Department. (FD) ee. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) ff. Security Gates shall be designed to comply with City Specification 403. (FD) gg. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. hh. Fire access roads shall be provided in compliance with City Specification 401. Include the Circulation Plan and dimensions of all access roads. (FD) I Submit a Fire Protection Plan in compliance with City Specification 426 for Fire Department approval. (FD) ZA Minutes 04/05/00 15 (OOZM0405) J. The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos. 422, Well Abandonment. (FD) kk. The project will comply will all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429, Methane District Building Permit Requirements. (FD) 11. Installation and/ or removal of underground flammable or combustible liquid storage tanks shall comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. (FD) min. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. nn. 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. 8. The project shall comply with all applicable mitigation measures of EIR 89-1. 9. Loading shall be restricted from 7:00 AM to 9:00 PM. 10. 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 CONDITIONAL USE PERMIT NO. 99-28/ VARIANCE NO. 00-05: 1. Conditional Use Permit No. 99-28 and Variance No. 00-05 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 99-28 and Variance No. 00-05 shall become null and void unless exercised within two years 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. 99-28 and Variance No. 00-05, 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. ZA Minutes 04/05/00 16 (OOZM0405) 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. All signs shall conform to the HBZSO. Prior to installing any new sign(s), building permit(s) shall be obtained from the Planning Department. 8. Traffic Impact Fees shall be paid prior to final inspection or issuance of a Certificate of Occupancy. (PW) 9. A Public Works construction permit shall be required for all work within the right-of-way. (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 any buildings. 12. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Determination at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. ITEM 2: TENTATIVE PARCEL MAP NO. 99-219 (WALGREENS — BEACH BOULEVARD/SLATER AVENUE) APPLICANT: Village Properties, 121 Spear Street, San Francisco, CA 94105 PROPERTY OWNER: Mordehai S. Zadik and Regina Zadik, Trustees of the Zadik Family Trust, 6601 Horseshoe Lane, Huntington Beach, CA 92648 Walgreen Co., 200 Wilmot Road, Deerfield, IL 60015 REQUEST: To consolidate two parcels into one parcel in order to accommodate development of a 13,745 square foot pharmacy. LOCATION: 17502 and 17522 Beach Boulevard (southeast corner of Beach Boulevard and Slater Avenue) PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed site plans stating the purpose, location and zoning of the request. Staff stated that the development of the site, by virtue of a conditional use permit, has been presented to, and approved by, the Planning Commission. Staff recommended approval of the request as the project conforms to the General Plan's goals and objectives and based upon the findings and conditions as outlined in the staff report. No written or ® verbal comments were received in response to the public notice. THE PUBLIC HEARING WAS OPENED. ZA Minutes 04/05/00 17 (OOZM0405) THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. • TENTATIVE PARCEL MAP NO. 99-219 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 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 15315 of the CEQA Guidelines, because it involves the merger of two parcels into one parcel which conforms to the General Plan and zoning requirements. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 99-219: 1. Tentative Parcel Map No. 99-219 to merge two parcels into one is consistent with the General Plan Land Use Element designation of Commercial General on the subject property, or any applicable specific plan, or other applicable provisions of this Code. The proposed parcel complies with the required minimum lot size and width. 2. The site is physically suitable for the type and density of development. The site is approved for the development of a 13,745 sq. ft. pharmacy and the parcel map is required as part of the conditions of approval. 3. The design of Tentative Parcel Map No. 99-219 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 was previously developed and does not contain any fish or wildlife habitat. 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 map further improves public access because an easement will be dedicated to the City for future right-of-way improvements. CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO. 99-219: 1. The tentative parcel map received and dated February 15, 2000 shall be the approved layout. 2. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following items: • a. Tie the boundary of the map into the Horizontal System established by the County Surveyor. ZA Minutes 04/05/00 18 (OOZM0405) b. Provide a digital graphics file of said map. ® 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. (PW) a. All vehicular access rights to Beach Boulevard and Slater Avenue shall be released and relinquised to the City of Huntington Beach except at locations approved by the Zoning Administrator. b. An 11 ft. irrevocable offer of dedication along Slater Avenue, in addition to 30 ft. radii at the corner of Beach Boulevard and Cameron Street shall be shown on the Parcel Map. 4. The Final Parcel Map shall be recorded with the County Recorder prior to issuance of building permits. 5. A copy of the recorded Final Parcel Map shall be provided to the Planning Department prior to issuance of a final certificate of occupancy. 6. 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) 7. All conditions incorporated in Conditional Use Permit No. 99-49 shall be complied with. 8. 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 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 - TENTATIVE MAP NO. 99- 219: Tentative Parcel Map No. 99-219 shall not become effective until the ten-day appeal period has elapsed. 2. Tentative Parcel Map No. 99-219 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Tentative Parcel Map No. 99-219, 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 prior to map recordation. (PW) ZA Minutes 04/05/00 19 (OOZM0405) 5. The applicant shall submit a check in the amount of $38 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the Count of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. ITEM 3: CONDITIONAL USE PERMIT NO. 00-08 (SPRINT WIRELESS APPLICANT: Joe Thompson, Compass, 17870 Skypark Circle, Suite 102, Irvine, CA 92614 PROPERTY OWNER: Southern California Edison, Attention: Bob Teran, P.O. Box 800, 2244 Walnut Grove Avenue, Rosemead, CA 91770 REQUEST: To permit two (2) wireless communication antennas to be located on an existing Southern California Edison transmission tower. The project also includes establishment of Sprint PCS equipment located beneath the tower and surrounded by a vinyl coated chain link fence. LOCATION: 7978 Center Avenue (within SCE right-of-way at Huntington Beach Mall, south side of Center Avenue, west of Beach Boulevard) PROJECT PLANNER: Jane James Jane James, Staff Planner, displayed site plans and photographs stating the purpose and location of the request. Staff recommended approval of the request based upon the findings and subject conditions as outlined in the staff report. Staff stated that comments were received from the Public Works Department concerning the color of the paint on the equipment cabinet and the use of a fabric mesh screen. Accordingly, staff recommended changes to conditions l.a and l.c. No other comments, written or verbal, were received. THE PUBLIC HEARING WAS OPENED. Marc Myers, 17870 Skypark Circle, Suite 102, Irvine, the applicant, expressed agreement to the conditions. Mr. Myers elaborated on the color for the equipment cabinet stating that the dark color will draw heat thereby affecting the internal heat ratings. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, stated that she was going to approve the request with staff s recommended changes to conditions La and Lc, and with further changes incorporated as follows: • • La Fencing material around the equipment cabinets shall be vinyl coated in a dark hunter green color or an alternative color to be approved by the Departments of Public Works and Planning. • ZA Minutes 04/05/00 20 (OOZM0405) 1.c. Equipment and cabinets shall be painted the same dark hunter green or alternative approved color as the fencing material with a flat paint so as to help them fall into the background and ® become less prominent. If a dark paint color is not feasible for the equipment cabinets, then an opaque mesh fabric shall be attached to the vinyl coated chain link fence subject to approval by Southern California Edison and the Departments of Public Works and Planning. CONDITIONAL USE PERMIT NO. 00-08 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines, because the new antenna will be attached to an existing Southern California Edison transmission tower. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 00-08: 1. Conditional Use Permit No. 00-08 for the establishment, maintenance and operation of two wireless communication antennas 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 two antennas will be co -located on an existing Southern California Edison transmission tower. The new wireless communication antennas will be visually unobtrusive and will improve reception for wireless communications within the vicinity. 2. The conditional use permit will be compatible with surrounding uses because the new antennas will be located on an existing Southern California Edison transmission tower, will be visually unobtrusive, and will not create any noise, odor, or traffic impacts to the surrounding uses. In addition, the equipment area located on the ground beneath the tower will be surrounded by vinyl coated chain link fence painted a dark color so that it will blend into the background. 3. The proposed Conditional Use Permit No. 00-08 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The proposed antennas will comply with all development standards for the General Commercial zone. 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 Regional Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Goal LU2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. ® b. Objective U5.1: Ensure that adequate natural gas, telecommunication, and electrical systems are provided. ZA Minutes 04/05/00 21 (OOZM0405) c. Policy U5.1.1: Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. 40 The proposed new wireless communication antennas facilitate telecommunication service and improve wireless communication coverage for the community. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 00-08: 1. The site plan and elevations received and dated January 28, 2000 shall be the conceptually approved layout with the following modifications: a. Fencing material around the equipment cabinets shall be vinyl coated in a dark hunter green color or an alternative color to be approved by the Departments of Public Works and Planning. b. All posts and rails shall match the fence fabric. Equipment and cabinets shall be painted the same dark hunter green or alternative approved color as the fencing material with a flat paint so as to help them fall into the background and become less prominent. If a dark paint color is not feasible for the equipment cabinets, then an opaque mesh fabric shall be attached to the vinyl coated chain link fence subject to approval by Southern California Edison and the Departments of Public Works and Planning. 2. 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, and mechanical) and shall be referenced in the index. b. A sample of the dark green vinyl coated fencing material (Omega Fencing is potentially acceptable), the dark green flat paint, and/or the dark colored fabric mesh shall be submitted to the Department of Public Works for review and approval by the landscape architect. (PW) c. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to final building permit inspection and approval the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. The fenced area shall be secured with placards indicating electrical or other hazards to discourage unauthorized persons or others from entering. (FD) 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. ZA Minutes 04/05/00 22 (OOZM0405) 4. If a fabric mesh is chosen for the vinyl coated chain link fence pursuant to Condition of Approval Numbers I.c. and 2.b., the fabric mesh shall be permanently maintained in a neat and clean manner. Should any portion of the fabric mesh become torn, ragged, frayed, or worn, all of the material shall be replaced immediately with new fabric. S. 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 REOUIREMENTS: Conditional Use Permit No. 00-08 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-08 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. 00-08, 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 $3 8.00 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. ZA Minutes 04/05/00 23 (OOZM0405) ITEM 4 COASTAL DEVELOPMENT PERMIT NO 00-03 (MC CORD RESIDENCE) APPLICANT: Scheurer Architects, Dennis Danahy, 20250 Acacia, Suite 260, Newport Beach, CA 92660 PROPERTY OWNER: Frank J. and Janet L. McCord, 3282 Devon Circle, Huntington Beach, CA 92649 REQUEST: To permit the demolition of an existing single family residence and construct a new two-story single-family residence with 4,381 square feet of living area, 666 square feet of garage, and 133 square feet of balcony. The Coastal Development Permit request includes a review and analysis for compliance with the Infill Lot Ordinance. The Infill Lot Ordinance encourages adjacent property owners to review proposed development for compatibility/privacy issues, such as window alignments, building pad height, and floor plan layout. LOCATION: 3282 Devon Circle (Admiralty Island, south side of Devon Circle, east of Channel Lane) PROJECT PLANNER: Jane James Jane James, Staff Planner, displayed site plans and photographs stating the purpose, location and zoning of the request. Staff stated that the project meets all zoning requirements in terms of setbacks, building heights, site coverage, parking, and all standards reviewed under the proposed development. Staff stated that the project was reviewed under the Infill Ordinance standards and was noticed accordingly. 40 Staff recommended approval of the request as the project complies with the standards mentioned above, and becausd the site is zoned for low density residential development. Staff stated that one visit and one telephone call were received from an adjacent neighbor (John Amash) who opposed the location of the air conditioning unit. No other comments, written or verbal, were received in response to the public notice. Mary Beth Broeren, Zoning Administrator, confirmed with staff that the proposed air conditioning unit is in compliance with the Uniform Building Code. THE PUBLIC HEARING WAS OPENED. John Amash, 3292 Devon, neighboring resident, objected to the location of the air conditioning unit based upon the noise level at night, and objected to the height of the building. Jerry Urner, Huntington Harbour Property Owner's Association, stated that they have reviewed and approved the request and urged the Zoning Administrator approval. Dennis Danahy, 20250 Acacia, Suite 260, Newport Beach, the applicant, addressed the concerns expressed by Mr. Amash. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes 04/05/00 24 (OOZM0405) COASTAL DEVELOPMENT PERMIT NO.00-03 (MC CORD RESIDENCE) WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines, because the project consists of one new single family residential unit and will not have an adverse impact on the environment. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 00-03: Coastal Development Permit No. 00-03 for a new two story single family residence with 4,381 square feet of living area, 666 square feet of garage, and 133 square feet of balcony, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The Local Coastal Program allows development of a two story single family residence in the proposed location. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The project complies with all ® development standards, such as, minimum setbacks, maximum height, maximum site coverage, minimum parking, and no variances are necessary. The project has also been analyzed for compliance with Infill Development standards and it has been determined that the project will not adversely impact privacy of adjacent residential properties. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All necessary infrastructure for the proposed development is currently in place and available at the site. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed project will not impact public access to coastal amenities or public recreational opportunities as no access or recreational opportunities currently exist at the site. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.00-03: 1. The site plan, floor plans and elevations received and dated January 20, 2000 shall be the conceptually approved layout. 2. A grading plan will be required only if the foundation is removed. (PW) ZA Minutes 04/05/00 25 (OOZM0405) 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, including methane barrier and fire sprinklers, shall be noted on the building plans. (FD) c. Provide a building code analysis on the plans to show compliance with Uniform Building Code 1997 edition for occupancy requirements (Chapter 3), exiting (Chapter 10), and exit court/yard provisions (Chapter 10). (BD) 4. During demolition, 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. 5. 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) A 36-inch box tree or Palm equivalent shall be installed with the front yard. 2) A new, separate domestic water service and meter shall be installed per Water Division Standards and sized to meet the minimum requirements set by the Uniform Plumbing Code and Uniform Fire Code. The minimum service lateral shall be one -inch. (PW) 3) Separate backflow protection shall be installed per the Water Division Standards for the water service. (PW) . ZA Minutes 04/05/00 26 (OOZM0405) 4) An automatic fire sprinkler and fire alarm system shall be approved and installed pursuant to Fire Department regulations. Shop drawings shall be submitted to the Building Department and approved by the Fire Department prior to system installation. (FD) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 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. Coastal Development Permit No. 00-03 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal ® Commission receives the City's notification of final action. 2. Coastal Development Permit No. 00-03 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 Coastal Development Permit No. 00-03, 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. 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 16 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. ZA Minutes 04/05/00 27 (OOZM0405) 8. State -mandated school impact fees shall be paid prior to issuance of building permits. 9. An encroachment permit shall be required for all work within the right-of-way. (PW) 0 THE MEETING WAS ADJOURNED AT 3:55 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 12, 2000 AT 1:30 PM. AMaBeth Broeren Zoning Administrator rmk • • ZA Minutes 04/05/00 28 (OOZM0405)