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HomeMy WebLinkAbout2000-12-27• MINUTES 2000 Main Street Huntington Beach California WEDNESDAY, DECEMBER 27, 2000 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Amy Wolfe, Ramona Kohlmann (recording secretary) MINUTES: November 22, 2000 Minutes were approved ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO. 00-35/TENTATIVE PARCEL MAP NO. 00-186/SIGN CODE EXCEPTION NO. 00-03 (TACO BELL/PIZZA HUT) APPLICANT: A & S Engineering, 207 W. Alameda Avenue #203, Burbank, CA 91502 PROPERTY OWNER: Schweitzer Property Trust, 8686 Merced Circle #1007 D, Huntington Beach, CA 92646 Michael Call, 9461 Banning Avenue, Huntington Beach, CA 92646-8306 Thomas Anthony, 812 Delaware Street, Huntington Beach, CA 92648-4724 REQUEST: Conditional Use Permit to construct a 2,730 sq. ft. fast-food restaurant with drive through service; Tentative Parcel Map to merge four contiguous lots. Sign code exception to exceed the permitted sign area for a menu board. LOCATION: 19002 Beach Boulevard (southeast corner of Beach Boulevard and Garfield Avenue) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans, photographs and elevations stating the purpose and location of the request. Staff presented plans that were submitted by the applicant on December 22, 2000, in lieu of the originally submitted plans. Staff stated that the conditional use permit is to construct a 2,736 square foot fast-food restaurant as opposed to the 2,730 square feet as noticed. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Staff stated that the proposed project meets all code requirements with the exception of the menu board, which exceeds the maximum permitted. The Design Review Board recommended approval of the project with conditions as reflected in the staff report. No written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, stated that she has been to the site and noticed the reciprocal access as reflected in the conditions. Ms. Broeren asked staff if the adjacent property owners were in agreement with the reciprocal driveway and parking easement. Staff stated that although the adjacent property owners were contacted, no response has been received. Ms. Broeren asked staff if the project could be approved at today's hearing given the fact that the square footage noticed at 2,730 and is now being presented at 2,736 square feet. Staff indicated that the change is not substantial to warrant a re -notice. 0 THE PUBLIC HEARING WAS OPENED. Ahmad Ghaderi, 207 W. Alameda Avenue, #203, Burbank, the applicant, explained the intent of the project, stated that they have relocated the building, are adding substantial landscaping, and have worked with staff on numerous layout options. Mr. Ghaderi stated that they have reviewed and agree to the conditions. Mr. Ghaderi advised that negotiations have taken place with the adjacent property owner concerning the reciprocal access and they do not anticipate that this will be a problem. Gene Rascon, 2112 E. 4`' Street, Suite 200, agent for the adjacent condominium project, expressed concerns related to the speaker ordering system, noise from delivery trucks and trash pickup, hours of operation, construction noise, and lighting spillage. Joe Carchio, 19115 Beachcrest, neighboring property owner, asked staff if the proposed project was owned by a company or an individual and if the builder has considered the effect on the community. Michael Waiters, 8110 #D Surfline, president of the homeowner's association, opposed the project expressing concerns related to property valuation, late night and early morning noise in the parking lot, safety, and vandalism. Bijan Sassounian, 21190 Beach Boulevard, spoke in support of the project stating that the project would improve the vicinity. 0 THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding the height of the wall between the proposed use and the residential project, hours of operation, deliveries, and the ordering system. Ms. Broeren stated that she was going to approve the request emphasizing that the request is compatible with the surrounding uses and that the project is in significant compliance with the Urban Design Guidelines. Ms. Broeren noted that the conditions provide for a six-month review to consider any complaints received regarding noise generated by the drive -through operation as well as any complaints received by Code Enforcement. Ms. Broeren asked staff to incorporate the following modifications to the conditions of approval: 1. Condition 1 of the TPM add: The map shall be revised to reflect reciprocal access easements required pursuant to condition no. 6.d of Conditional Use Permit No. 00-35. 2. Condition 1 of the CUP change the date to reflect December 22, 2000. 3. Delete CUP conditions 1.a(1), (2), (5), (6), and (7). 4. Add to condition 1 of the CUP: e The height of the masonry wall located along the east property line shall be increased to eight feet, or rebuilt to a height of eight feet, except where a maximum height of forty-two ZA Minutes — 12/27/00 2 (O1ZM1227) inches is permitted pursuant to Section 230.88 of the Huntington Beach Zoning and ® Subdivision Ordinance. • A colored drawing detail and/or a photograph(s) of proposed sconce fixtures/tile accents shall be submitted for review and approval by the Planning Department. CONDITIONAL USE PERMIT NO.00-35/TENTATIVE PARCEL MAP NO. 00-186/SIGN CODE EXCEPTION NO. 00-03 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR 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 Sections 15315, 15302, and 15305 of the CEQA Guidelines. The project consists of (a) the merger of four parcels in an urbanized area zoned for commercial use in conformance with the General Plan and zoning, with all services and access to the proposed parcel available; (b) replacement of an existing commercial structure and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; and (c) a minor alteration in land use limitations which will not result in any changes in land use or density. ® FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO.00-186: Tentative Parcel Map No. 00-186 for the merger of four contiguous parcels is consistent with the General Plan Land Use Element designation of CG-F1 (Commercial General - 0.35 maximum floor area ratio) on the subject property and other applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, including minimum lot area, minimum lot width and maximum floor area ratio. 2. The site is physically suitable for the type and density of development proposed. The proposed 30,506 square -foot parcel will accommodate the development of a 2,736 square -foot fast-food restaurant in conformance with applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, including parking, setbacks, landscaping and lot coverage standards. 3. The design of the subdivision and 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 project site is currently developed with commercial and residential uses and provides no habitat for fish or wildlife. The proposed development of a fast-food restaurant is compatible with neighboring commercial and residential uses. 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. All necessary easements will be maintained or an alternative provided, including easements providing for reciprocal access to the adjacent commercial property to the south. ZA Minutes — 12/27/00 3 (O1ZM1227) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 00-35: 1. Conditional Use Permit No. 00-35 for the establishment, maintenance and operation of a 2,736 square -foot fast-food restaurant with drive -through service 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 will improve the design, on -site circulation, and parking availability on the site while maintaining an adequate buffer distance between the proposed restaurant and the condominiums existing to the east. No adverse traffic or other impacts are anticipated. 2. The conditional use permit will be compatible with surrounding uses. The project site is located along a major arterial developed with commercial uses of similar design and intensity. The proposed project will result in the elimination of two non -conforming residential uses located on the project site. In addition, a noise study prepared by a qualified third party concludes that no significant noise impact will result from operation of the proposed drive -through. A condition of approval requiring a six-month review of the use will ensure any unanticipated, project impacts are mitigated. 3. The proposed 2,736 square -foot fast-food restaurant with drive -through service 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, except for the Sign Code Exception requested. The project will meet or exceed applicable development standards including minimum parking and landscape requirements. is 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 CG-F1 (Commercial General — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 10.1.12(c): Siting and design of buildings to facilitate and encourage pedestrian activity. b. LU 10.1.12(d): Siting of buildings in proximity to the street frontage to convey a visual relationship to the street and sidewalk. c. ED 2.4.1: Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. d. CE 7: Maintain and enhance the visual quality of and scenic views along designated Scenic Highways. FINDINGS FOR APPROVAL — SIGN CODE EXCEPTION NO. 00-03: 1. Sign Code Exception No. 00-03 to allow a 26 square -foot menu board in lieu of the 10 square - foot maximum permitted by the Huntington Beach Zoning and Subdivision Ordinance is compatible with the character of surrounding area and is needed due to special circumstances defined by the applicant and applicable to the property. The request is consistent with recent menu • ZA Minutes — 12/27/00 4 (O1ZM1227) board sign code exceptions which have been granted for similar drive -through businesses within the vicinity. 2. The proposed menu board will not adversely affect other signs in the because it will be located between the proposed building and the proposed drive -through lane and it will not block views of other existing signs. 3. The proposed menu board will not be detrimental to properties located in the vicinity because it will be largely screened by landscaped planters and by the proposed building. 4. The proposed menu board will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction because it is not located within any sight -line areas along vehicular and pedestrian traffic ways, except for the drive -through lane it is intended to serve. CONDITIONS OF APPROVAL - TENTATIVE MAP NO.00-186: 1. The tentative map received and dated June 22, 2000, shall be the approved layout with the following modification: The map shall be revised to reflect reciprocal access easements required pursuant to condition no. 6.d of Conditional Use Permit No. 00-35. 2. Prior to approval of the final map by the City Council, the following shall be required: (PW) a. A digital -graphics file of the final map shall be provided to the City per the following design criteria: (1) Digital data shall be full size (1: 1) and in compliance with the California coordinate ® system — STATEPLANE Zone 6 (Lambert Conformal Conic projection), NAD 83 datum in accordance with County of Orange Ordinance 3809. (2) Digital data shall have double precision accuracy (up to fifteen significant digits). (3) Digital data shall have units in US FEET. (4) A separate drawing file shall be submitted for each individual sheet. (5) Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names, pen color and layering conventions. (6) Feature compilation shall include, but shall not be limited to: Assessor's Parcel Numbers (APN), street addresses and street names with suffix. (7) The file format shall be AutoCad (version 13 or later) drawing file: _ DWG (8) The media type shall be: CD Recordable (CD-R) 650 Megabytes. b. 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: Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. c. A digital -graphics file of said map shall be provided to the County of Orange. d. All vehicular access rights to Beach Boulevard and Garfield Avenue shall be released and relinquished to the City of Huntington Beach except at locations approved by the Zoning Administrator. ZA Minutes — 12/27/00 5 (O1ZM1227) 3. A reproducible mylar copy and a print of the recorded parcel map shall be submitted to the Department of Public Works at the time of recordation. (PW) 4. The final parcel map ,shall be recorded with the County of Orange prior to issuance of building permits. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 00-35 / SIGN CODE EXCEPTION NO. 00-03: 1. The site plan, floor plans and elevations received and dated December 22, 2000 shall be the conceptually approved layout with the following modifications: a. The project shall be redesigned in accordance with the following: (DRB) (1) The color of the tile veneer used on the exterior of the building shall match that used on the Taco Bell/ Pizza Hut building located southwest of the intersection of Magnolia Street and Garfield Avenue. (2) The exterior color pallete for the proposed building shall include a 3`d color, subject to review and approval by the Planning Department. (3) The proposed colors for the low wall and cornice at the drive -through lane shall be reversed. (4) The height of the monument sign base shall be increased to two feet. (Code Requirement) (5) The menu board design shall incorporate a cornice detail. • (6) Directional signs shall be a maximum of two square -feet in size. (Code Requirement) (7) Directional signs shall include a tiled base and cornice detail in lieu of a pole support. b. The height of the masonry wall located along the east property line shall be increased to eight feet, or rebuilt to a height of eight feet, except where a maximum height of forty-two inches is permitted pursuant to Section 230.88 of the Huntington Beach Zoning and Subdivision Ordinance. c. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) d. 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) e. 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 ZA Minutes — 12/27/00 6 (01ZM1227) 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) f. 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. g. 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. h. A colored drawing detail and/or a photograph(s) of proposed sconce fixtures/tile accents shall be submitted for review and approval by the Planning Department. 2. Prior to issuance of demolition permits, the following shall be completed: a. The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCB's. These ® requirements include but are not limited to: survey, identification of removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. b. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos survey shall be completed. c. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. d. The City of Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the Notification procedures have been completed. e. All asbestos shall be removed from all buildings prior to demolition of any portion of any building. f. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. (B&S) 3. Prior to issuance of grading permits, the following shall be completed: (PW) a. A grading plan, prepared by a Licensed Civil Engineer, shall be submitted for review and ® approval by the Public Works Department. ZA Minutes — 12/27/00 7 (O1ZM1227) b. The following street improvements shall be included within the grading plan and shall be per City and/or Caltrans standards: (1) Install a new separate domestic water service and meter to serve the proposed restaurant building. The water service connection shall be taken from the existing 12-inch water main in Beach Boulevard. The service and meter shall be sized to meet the requirements set by the Uniform Plumbing Code (UPC). The service lateral shall have a minimum diameter of two -inches. The domestic service may be used to provide irrigation water. (2) The existing water services and meters serving the Taco Bell restaurant, 8042 Garfield Avenue, and 8052 Garfield Avenue shall be abandoned per Water Division standards. The existing sewer laterals serving 8042 and 8052 Garfield Avenue shall be abandoned per City standards. (3) Separate backflow prevention devices shall be installed for domestic and irrigation water services in accordance with the City Water Division Standards. (4) The existing fire hydrant located on Beach Boulevard along the property frontage shall be abandoned per Water Division standards. The new fire hydrant shall be installed approximately five -feet south of the new driveway approach on Beach Boulevard. The fire hydrant lateral connection shall be from the existing 12-inch water main in Beach Boulevard. (5) Existing driveways to be removed shall be replaced with standard curb and gutter and full parkway width sidewalk per City standards. New driveways to be constructed shall be ADA compliant. (6) A "Right Turn Only" sign shall be posted for vehicles exiting the driveway onto Beach Boulevard. (7) The handicapped access ramp at the southeasterly corner of Beach and Garfield shall be reconstructed to meet current ADA and Caltrans standards. (8) Overhead utility lines along the Garfield Avenue frontage shall be placed underground. (9) The existing 22-foot tall street light standard located at the easterly property line along Garfield Avenue shall be replaced with a 30-foot high standard with a full -cutoff luminaire. (10) The applicant shall submit traffic control plans, prepared by a Licensed Traffic Engineer, meeting City and Caltrans standards for all work within the public right-of-way. (11) Verify that the existing sewer lateral is of adequate size and condition to serve the new restaurant. c. A detailed soils analysis and geotechnical report shall be prepared by a Licensed 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, pavement areas and utilities. d. The grading/erosion control plan shall abide by the provisions of AQNM's Rule 403 as related to fugitive dust. e. A hydrology and hydraulic analysis for the proposed project improvements shall be prepared and submitted for approval. The analysis shall identify the increased runoff resulting from the project and the impact to downstream storm drainage facilities. Additional facilities necessary 0 • ZA Minutes — 12/27/00 8 (O1ZM1227) to handle the increased flows shall be designated and constructed as part of the proposed project, or as an alternative, the increased runoff quantity shall be stored on site such that this project has no impact to the capacity of downstream facilities. f. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil'or Environmental Engineer. "Best Management Practices" shall be identified and incorporated in to the design. g. The name and phone number of a field supervisor who is on -site shall be submitted to the Planning Department and Public Works Department. In addition, clearly visible signs shall be posted on the perimeter of the site indicating whom 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. Signs shall include the telephone number of the applicant's field supervisor, the City's inspection supervisor for grading and site improvement activities (714-53 6-543 1), and "1-800-CUT- SMOG" for concerns regarding fugitive dust and compliance with AQMD Rule No. 403. h. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the project site of a tentative grading schedule at least 30 days prior to such grading. i. If the import or export of material is required, the applicant shall coordinate with the Public Works Department in developing truck haul routes. This plan shall include the approximate ® number of truck trips and the corresponding truck haul routes proposed. It shall specify the hours during which transport activities can occur and the methods to mitigate construction related impacts to the adjoining community. These plans must be submitted to the Public Works Department for approval. (PW) 4. During demolition, grading, site development, and/or construction, the following shall be adhered to: (PW) a. Water trucks shall be utilized on site and shall be available for use throughout the day during site grading to keep the soils damp enough to prevent dust from being raised by the activities 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. c. Areas to be graded or that are being graded shall be thoroughly wet down in the late morning and after work is completed for the day. d. The construction disturbance area shall be kept as small as possible. e. 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 areas. f. Prior to leaving the site, all haul trucks shall be washed off onto an on -site gravel surface in order to prevent dirt and dust from being deposited on public streets and other off -site areas. ® g. Use low sulfur fuel (.05%) by weight for construction equipment. h. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts). ZA Minutes — 12/27/00 9 (O1ZM1227) i. Wind barriers shall be installed to enclose the construction work area. j. Comply with appropriate sections of the AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. k. Discontinue construction during second stage smog alerts. 1. Truck idling shall be prohibited for periods longer than 10 minutes. in. 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. The plans shall include . section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. 5. 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) 6. Prior to issuance of building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. 0 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 plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. (PW) (Code Requirement) c. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot. (PW) d. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent southerly properties. The subject property owner shall be responsible for making necessary improvements to implement the reciprocal driveway. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval. A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. (Code Requirement) 7. Prior to final building permit inspection and approval, the following shall be completed: a. Public improvements required on Beach Boulevard and Garfield Avenue, and all on site improvements in accordance with the approved plans and conditions of approval. (PW) b. Installation of required landscaping and irrigation systems. (PW) ZA Minutes — 12/27/00 10 (O1ZM1227) f c. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect. (PW) d. Applicant shall provide to the City's Landscape Architect with microfilm copies (in City format) and CD (Auto Cad only) copy of complete City approved landscape construction drawings as stamped "Permanent File Copy" for City records. (PW) e. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards found in California Administrative Code, Title 24. (FD) f. Fire lanes shall be designated and posted to comply with Fire Department City Specification No. 415. (FD) g. Address numbers will be installed to comply with Fire Department City Specification No. 428. The size of the numbers will be a minimum of six (6) inches with a brush stroke of one and one-half (1-1 /2) inches. (FD) h. 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) i. Food preparation fire protection systems shall be submitted as separate plans for permits to the Building & Safety Department for routing to the Fire Department. (FD) j. The Department of Conservation, Division of Oil, Gas & Geothermal Resources shall be contacted and provided an accurate location of the abandoned oil well Cojo Oil Company "BB". Any structure within 100 feet of an abandoned oil well must follow the applicable requirements found in City Specification #429, Methane District Building Permit Requirements. (FD) k. The project shall comply will all provisions of Huntington Beach Municipal Code Title 17.04.085 and Fire Department City Specification No. 429 for new construction within the methane gas overlay districts. (FD) 1. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. m. 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 use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) b. Only the uses described in the narrative shall be permitted. 9. A review of the use shall be conducted by the Staff within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. In ® addition, the review shall consider any complaints received since commencement of the use regarding noise generated by the drive -through operations. At that time, Staff may schedule a ZA Minutes — 12/27/00 11 (O1ZM1227) hearing before the Zoning Administrator to consider modifications to the conditions of approval, including the potential requirement for installation of a non -audible drive -through ordering system, in lieu of the speaker system proposed. • 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. 11. This Conditional Use Permit and Sign Code exception shall not become effective until recordation of a Final Map pursuant to the Zoning Administrator's approval of Tentative Parcel Map No. 00- 186. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Tentative Parcel Map No. 00-186, Conditional Use Permit No. 00-35, and Sign Code Exception No. 00-03 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Tentative Map No. 00-186 shall become null and void unless exercised within two (2) years of the date of final approval which is December 27, 2002. 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. Conditional Use Permit No. 00-35, and Sign Code Exception No. 00-03 shall become null and void unless exercised within one year of the date of final approval which is December 27, 2001, 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. 4. The Zoning Administrator reserves the right to revoke Tentative Map No. 00-186, Conditional Use Permit No. 00-35, and Sign Code Exception 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. 5. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 7. Construction shall be limited to Monday - Saturday 7:00 A.M. to 8:00 P.M. Construction shall be prohibited Sundays and Federal holidays. 8. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of is Exemption at the County of Orange Clerk's Office. The check shall be made out to the Coun ZA Minutes — 12/27/00 12 (O1ZM1227) of Orange and submitted to the Planning Department within two (2) days of the Zoning ® Administrator's action. 9. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Zoning Administrator. 10. The Water Ordinance No. 14.52, the "Water Efficient Landscape Requirements" apply for projects with 2,500 square feet of landscaping. (PW) 11. All signs shall conform to the HBZSO, except as authorized pursuant to Sign Code Exception No. 00-03. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 12. Traffic Impact Fees ($75/trip) shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 13. A City encroachment permit shall be required for all work within Garfield Avenue. (PW) 14. A Caltrans encroachment permit is necessary for work within Beach Boulevard. (PW) 15. On -site parking shall be provided for all construction workers and equipment unless approved ® otherwise by the Public Works Department. (PW) 16. The property owner is responsible for all required clean up of off -site dirt, pavement damage and/or restriping of the public rights -of -way as determined by the Public Works Department. (PW) 17. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. 18.Outdoor dining is not permitted unless a conditional use permit for this specific use is reviewed and approved. 19. Alcoholic beverage sales are not allowed unless a conditional use permit for this particular use is reviewed and approved. 20. The Departments of Planning, Public Works and Fire are responsible for verifying 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 or project plans 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 is reviewed by the Zoning Administrator may be required pursuant to the HBZSO. ZA Minutes — 12/27/00 13 (OiZM1227) ITEM 2: TENTATIVE PARCEL MAP NO 00-133 (SASSOUNIAN LOT SPLIT APPLICANT: James Elliott, 3311 E. Shelby Street, Ontario, CA 91764 • PROPERTY OWNER:, Sassounian, Adams and Zuckerman, LLC, 21190 Beach Boulevard, Huntington Beach, CA 92648 REQUEST: Division of one 60.66 ft by 124.94 ft vacant lot into two 30.33 ft by 124.94 ft lots. LOCATION: 604 Indianapolis Avenue (south side of Indianapolis Avenue, east of Delaware Street) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs stating the purpose and location of the request. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report, and because the project meets applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance including minimum lot area and minimum lot width. No written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Bijan Sassounian, 21190 Beach Boulevard, the applicant, expressed appreciation and thanks to staff for the diligent effort put forth on this project. Mr. Sassounian stated that they concur with the recommended conditions of approval. Michael Collins, 620 Indianapolis Avenue, neighboring property owner, spoke in support of the proposed project but expressed concerns regarding dust, flow of traffic in the alley during is construction, and the ongoing act of neighboring children tearing down the existing temporary fence in the alley. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TENTATIVE PARCEL MAP NO. 00-133 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315 of the CEQA Guidelines. The proposed subdivision consists of the division of property in an urbanized area zoned for residential use into four or fewer parcels in conformance with the General Plan and zoning. No variances or exceptions are required, all services and access to the proposed parcels are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. 40 ZA Minutes — 12/27/00 14 (O1ZM1227) ® FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 00-133: 1. Tentative Parcel Map No. 00-133 for the division of one 60.66 ft. by 124.94 ft. vacant lot into two 30.33 ft. by 124.94 ft. lots is consistent with the property's General Plan Land Use Element designation of RMH-25-d (Residential Medium -High Density — maximum 25 dwelling units per acre — Design Overlay) and applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance including minimum lot area and minimum lot width. 2. The proposed parcels are compatible with parcels existing in the vicinity in terms of configuration and size and are physically suitable for the type and density of development permitted by the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The surrounding neighborhood is subdivided in approximately equal proportions of lots of 25 foot width and lots of 50 foot width. No development is proposed at this time on either parcel; however, the HBZSO permits construction of one single-family dwelling on each of the proposed lots. The neighborhood is developed with a mix of single- and multi -family dwellings. Proposed parcels are topographically flat, rectangular in shape, accessible from a public street and adequate in size to accommodate a single-family dwelling. 3. The design of the subdivision will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed project site will provide opportunities for in -fill construction and replacement of structures previously demolished, in a developed neighborhood. The project site does not contain any fish or wildlife habitat. 4. The design of the subdivision will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision since no public easements exist on -site. The proposed dedication of 2.5 feet along the rear property line of both parcels for alley purposes will improve public access. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO.00-133: 1. The tentative map received and dated October 20, 2000, shall be the approved layout. 2. Prior to submittal of the final map to the Public Works Department for processing and approval by the City Council, the following shall be required: (PW) a. 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: 1) Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. 2) Provide a digital -graphics file of said map to the County of Orange. 3) Provide a digital -graphics file of said map to the City per the following criteria: • a) Digital data shall be full size (1: 1) and in compliance with the California coordinate system — STATEPLANE Zone 6 (Lambert Conformal Conic projection), NAD 83 datum in accordance with County of Orange Ordinance 3809. ZA Minutes — 12/27/00 15 (012M1227) b) Digital data shall be have double precision accuracy (up to fifteen significant digits). c) Digital data shall have units in US FEET. d) A separate drawing file shall be submitted for each individual sheet. e) Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names, pen color and layering conventions. f) Feature compilation shall include, but shall not be limited to: Assessor's Parcel Numbers (APN), street addresses and street names with suffix. g) File Format Specifications: h) Shall be in compliance with the following file format: AutoCad (version 13 or later) drawing file: — DWG i) Shall be in compliance with the following media type: CD Recordable (CD-R) 650 Megabytes. 3. The following shall be completed prior to recordation of the final map unless otherwise stated: (PW) a. The developer shall dedicate 2.5 feet along the rear property line of both parcels for alley purposes to the City of Huntington Beach. b. All vehicular access rights to Indianapolis Avenue shall be dedicated to the City of Huntington Beach. hall be recorded with the Count Recorder prior to issuance of buildin • 4. The final parcel maps y p g permits. (PW) 5. A reproducible mylar copy and a print of the recorded parcel map shall be submitted to the Department of Public Works immediately after recordation. (PW) 6. The following conditions shall be completed prior to final inspection of new residential buildings on either of the two resulting parcels: (PW) a. New curb, gutter and sidewalk shall be constructed in accordance with current City standards along the Indianapolis Avenue frontage. b. A new sewer lateral shall be installed to serve each parcel. An 8" diameter sewer main shall be extended westerly under Indianapolis Avenue as necessary for the lateral connections. c. A new water service for each parcel, sized to meet the minimum requirements set by the Uniform Plumbing Code and Uniform Fire Code (if applicable), shall be installed in accordance with Water Division Standards. The minimum water service size shall be 1-inch and the meter shall be a "touch -read" type. The service may be used for one of the parcels if its size meets flow requirements as determined by the Building and Fire Departments and its condition is satisfactory and meets current standards as determined by the Public Works Department and Water Division. d. The alley shall be re -paved to centerline behind both parcels, including the 2.50 feet to be • dedicated, with asphalt -concrete. ZA Minutes — 12/27/00 16 (O1ZM1227) 7. 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 the 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 PARCEL MAP NO.00-133: 1. Tentative Parcel Map No. 00-133 shall not become effective until the ten calendar day appeal period has elapsed. 2. Tentative Parcel Map No. 00-133 shall become null and void unless exercised within two (2) years of the date of final approval which is December 27, 2002. 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. 00-133 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. 0 4. All applicable Public Works fees shall be paid. 5. The project 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 $43.00 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. Park Land In -Lieu Fees shall be paid prior to approval of the final map by the City. 8. An encroachment permit shall be required for all work within the right-of-way. (PW) THE MEETING WAS ADJOURNED AT 2:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 3, 2001 AT 1:30 PM. ® Mat Beth Broeren Zoning Administrator :rmk ZA Minutes—12/27/00 17 (O1ZM1227)