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HomeMy WebLinkAbout2001-09-19MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, SEPTEMBER 19, 2001 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Wayne Carvalho, Amy Wolfe, Ramona Kohlmann (recording secretary) MINUTES: September 5, 2001 Minutes were approved 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. 01-44 (TOP OF CHINA BUFFET/ ALCOHOLIC BEVERAGE SALES) ® APPLICANT: Ji Gong Yang, 15070 Edwards Street, Huntington Beach, CA 92647 PROPERTY OWNER: William D. Hanshaw, 13698 Goldenwest Street, Suite E, Westminster, CA 92683 REQUEST: To permit alcoholic beverage sales in conjunction with an existing restaurant facility. LOCATION: 15070 Edwards Street (west side of Edwards Street between Bolsa Avenue and Alexandria Drive) PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff stated that communication has been received from a neighboring property owner opposing the proposed project. One complaint was recently received by Code Enforcement concerning deliveries early in the morning and on Saturday, as well as a noisy air conditioning unit. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Mary Beth Broeren, Zoning Administrator, reviewed a letter from Robert Vicker, 15011 Hanover Lane, opposing the proposed project. Mr. Vicker's opposition was based upon a prior experience with a different restaurant. Ms. Broeren confirmed with staff that no concerns have been received from the Police Department. She asked staff why a six-month review (without a public hearing) was being recommended. Staff stated that the review was being included because of the comments received from the adjacent property owner. AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST THE PUBLIC HEARING WAS NOT OPENED. CONDITIONAL USE PERMIT NO. 01-44 WAS APPROVED BY THE ZONING i 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 erect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because it consists of the operation and minor alteration of existing facilities involving no expansion of use. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-44: Conditional Use Permit No. 01-44 for the establishment, maintenance and operation of alcoholic beverage sales in conjunction with an existing restaurant facility will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project is proposed within an existing tenant suite in an established commercial center. No exterior alterations are proposed that would impact the area. The proposed alcoholic beverage sales in conjunction with existing food sales will expand the type of service currently provided to area residents at the subject location. 0 2. The conditional use permit will be compatible with surrounding uses because the restaurant with alcohol sales is consistent with the character of the established commercial center where it will be located. The facility is buffered from surrounding uses by adequate setbacks. Alcohol sales will be in conjunction with food sales. 3. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. The sale of alcoholic beverages is allowed with a conditional use permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General on the subject property which permits eating and drinking establishments. In addition, it is consistent with the following goals and policies of the General Plan: a. Achieve the development of a range of commercial uses. (Goal LU 10) b. Accommodate the development of neighborhood, community, regional, office, and visitor - serving commercial uses in areas designated on the Land Use Plan Map. (Policy LU 10.1.1) ZA Minutes 09/19/01 2 (O1Zm0919) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-44: 1. The site plan, floor plans, and elevations received and dated July 13, 2001 shall be the conceptually approved layout. 2. Prior to commencement of alcoholic beverage sales the following has been completed: a. A copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. b. Fire lanes shall be designated and posted to comply with City Specification # 415. (FD) c. Address numbers shall be installed to comply with City Specification # 428. (FD) d. Exit signs and exit path markings shall be provided in compliance with the Huntington Beach Fire Code and the California Administrative Code, Title 24. (FD) e. Fire extinguishers shall be installed and located in areas to comply with the Huntington Beach Fire Code standards found in City Specification # 424. (FD) f. A Building Code Analysis shall be provided to the Building Department to show compliance with 1997 UBC. If the dining area exceeds 5000 sq. ft. fire sprinklers shall be required per ® 904.2.3.1 (BD) 3. A review of the use shall be conducted by the Staff without public hearing within six (6) months of the issuance of Certificate of Occupancy to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning and Subdivision Ordinance. At that time the Zoning Administrator may consider modifications to the conditions of approval. 4. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed. 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 Huntington Beach Zoning and Subdivision Ordinance. 5. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 01-44 shall not become effective until the ten calendar day appeal ® period has elapsed. ZA Minutes 09/19/01 3 (O1Zm0919) 2. Conditional Use Permit No. 01-44 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. 01-44, 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 fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 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, including the Noise Ordinance, 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. 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. • S. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. ITEM 2• CONDITIONAL USE PERMIT NO. 01-45 (MY GYM CHII.DREN'S FITNESS CENTER APPLICANT: Steven Jolton, 15300 Ventura Blvd., Ste 307A, Sherman Oaks, CA 91403 PROPERTY OWNER: Sparks Enterprises L.P., P.O. Box 1129, Huntington Beach, CA 92647 Sparks Enterprises, L.P., c/o Tom Sparks, 1500 Adams Avenue, Suite 300, Costa Mesa, CA 92626 REQUEST: To establish and operate an approximately 3,125 sq. ft. children's fitness center within an existing retail shopping center. LOCATION: 6030 Warner Avenue (south side of Warner Avenue between Springdale Street and Pinehurst Lane) PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed project plans stating the purpose, location and zoning of the • requested project. Staff stated the ages of the children, days and hours of operation, maximum number of students, and parking requirements. ZA Minutes 09/19/01 4 (01=0919) yam. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Staff recommended adding a condition as follows: The use shall comply with the following: a. The instruction area shall not exceed 75% of the total floor area. b. The total number of persons involved in instruction activities (instructors and students) at any given time shall be limited to 15. Mary Beth Broeren, Zoning Administrator, confirmed with staff that no written or verbal comments were received in response to the public notification. Ms. Broeren confirmed that the proposed project would not be used as a day-care center. THE PUBLIC HEARING WAS OPENED. Jamie Bertisch, 14810 Jadestone Drive, Sherman Oaks, applicant, stated that the fitness center is a franchise and stated that the center will not be used as a day-care facility. Mr. Bertisch and Ms. Broeren discussed the maximum age of the students, traffic and parking concerns, and amount of time in between classes in order to avoid parking lot problems. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 01-45 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 CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because it consists of operation and minor alteration of an existing private structure involving negligible or no expansion of use beyond that previously existing. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-45: 1. Conditional Use Permit No. 01-45 for the establishment, maintenance and operation of an approximately 3,125 sq. ft. children's fitness center within an existing retail shopping center 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. Adequate parking will be available on -site to accommodate the need generated by the proposed use. The children's guardians will remain with them during the time that the children utilize the subject facility (there will not be any dropping off/picking up) thus no circulation or safety hazard is anticipated as part ® of the proposed facility's operation for the rest of the shopping center. ZA Minutes 09/19/01 5 (01zm0919) 2. The conditional use permit will be compatible with surrounding uses because the proposed personal enrichment use will not negatively impact existing circulation and parking on site. 3. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance for the proposed use in the district in which it would be located, including parking and noise. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General (CG) on the subject property. In addition, it is consistent with the following goal and policy of the General Plan: a. Achieve the development of a range of commercial uses. (Goal LU 10) b. Promote the introduction of a diversity of uses in Commercial General centers, particularly those containing anchor grocery stores that improve their relationship with surrounding residential neighborhoods and increase their viability as places of community activity. These may encompass such uses as adult or childcare facilities, community rooms, "neighborhood" restaurants, entertainment, and cultural facilities. (Policy LU 10.1.11) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-45: The site plan, floor plans, and elevations received and dated July 19, 2001, shall be the conceptually approved layout. 2. 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 3. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. All Fire Department requirements shall be noted on the building plans. (FD) 4. During 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). ZA Minutes 09/19/01 6 (01=0919) 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 activity. 5. The structure(s) cannot be occupied, the final building permit(s) and issuance of a Certificate of Occupancy cannot be approved, and utilities cannot be released until the following has been completed a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification #424. (FD) 2) Fire access roads shall be provided in compliance with City Specification No. 415. Submit a Circulation Plan with the dimensions of all access roads. (FD) 3) Address numbers shall be installed to comply with Fire Department. City Specification No.428. (FD) 4) 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. Exit doors shall be installed to swing in the path of travel. (Correct plans to indicate exits opening out). (FD) 5) Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Department standards found in City Specification #424.,(FD).,.,, b. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. c. 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 use shall comply with the following: a. The instruction area shall not exceed 75% of the total floor area. b. The total number of persons involved in instruction activities (instructors and students) at any given time shall be limited to 15. 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor ® plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are ZA Minutes 09/19/01 7 (01=0919) of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 0 8. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Conditional Use Permit No. 01-45 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-45 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. 01-45, 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 fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 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 $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. 8. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Zoning Administrator. 9. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 10. State -mandated school impact fees shall be paid prior to issuance of building permits. 11. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. ZA Minutes 09/19/01 8 (01=0919) ITEM 3: CONDITIONAL USE PERMIT NO. 01-30 (MANZI GATE) 0 1 APPLICANT: Mike Parker Landscape, c/o Jeff William, 2827 Laguna Canyon Road, Laguna Beach, CA 92651 PROPERTY OWNER: Lincoln and Traci Manzi, 6222 Oakbrook Circle, Huntington Beach, CA 92648 REQUEST: To permit a 6'-6" high vehicular access gate, in lieu of the 42" maximum fence height, with pilasters within 11 feet of the front property line at the driveway entry. LOCATION: 6222 Oakbrook Circle (south side of Oakbrook Circle, west of Woodlands Drive) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff stated that they have received evidence of approval from the homeowner's association (HOA); however, two letters were received from neighboring property owners rescinding their approval of the proposed plans. No other written or verbal comments were received in response to the public notification. No comments were received from the City Traffic, Fire and Police departments. Staff recommended approval of the request as submitted and based upon the findings and subject to the conditions as outlined in the staff report. The proposed project is compatible with the surrounding area. Mary Beth Broeren, Zoning Administrator, asked staff why the two neighbors rescinded their approval. Staff explained that the notice for public hearing for the conditional use permit caused them to rescind their approval since the approval was for the design of the project with the understanding that code requirements were already met. THE PUBLIC HEARING WAS OPENED. Jeff Williams 2827 Laguna Canyon Road, Laguna Beach, applicant stated that they have read and can comply with the conditions. Traci Manzi, 6222 Oakbrook Circle, property owner, spoke on behalf of the proposed project. Ms. Manzi stated that the plans were signed off by the HOA showing the exact location of the gate. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren asked the property owner the reason for the gate. Ms. Manzi stated that the gate would serve to eliminate the ongoing problem of children using her driveway as a playground. She stated that because of the manner in which the driveway is situated, they cannot see if anyone is in the driveway when backing cars out. She stated that safety is the primary concern as well as aesthetics. A general discussion ensued concerning guest parking spaces and an alternate placement of the gate. ZA Minutes 09/19/01 9 (01zm0919) Ms. Broeren stated that given the fact that guest parking requirements are not an issue, that the HOA has approved the proposed project, that the proposed project is architecturally compatible, and because the gate would improve safety conditions, she was going to approve the request.0 Ms. Broeren asked staff to modify Finding No. 1 as follows: 6. Conditional Use Permit No. 01-30 for the establishment, maintenance and operation of a 6'-6" high vehicular entry gate with pilasters within the front yard setback 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 gate will not impede vehicular or pedestrian circulation on Oakbrook Circle. Furthermore, there is an open guest parking area at the end of the street available to all residents and guests in the development. CONDITIONAL USE PERMIT NO. 01-30 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, because the proposed gate and pilasters are minor alterations 40 to existing facilities and their design involves minor deviations to development standards. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-30: Conditional Use Permit No. 01-30 for the establishment, maintenance and operation of a 6'-6" high vehicular entry gate with pilasters within the front yard setback 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 gate will not impede vehicular or pedestrian circulation on Oakbrook Circle. Furthermore, there is an open guest parking area at the end of the street available to all residents and guests in the development. 2. The conditional use permit will be compatible with surrounding uses. The proposed wrought iron gate and masonry pilasters are designed to be compatible with the existing residence and surrounding neighborhood. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located, with the exception of the requested fence height. The fence and pilasters will be constructed to comply with Uniform Building Code (UBC) standards. • ZA Minutes 09/19/01 10 (O1zm0919) 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 Medium Density Residential on the subject ® property. In addition, it is consistent with the following goals and policies of the General Plan: a. Include well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas. (Policy LU 9.1.3.c) b. Require compatibility with existing structures, including the use of complimentary building materials, colors and forms, while allowing flexibility for unique design solutions. (Policy LU 9.9.1.c) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-30: 1. The site plan dated September 10, 2001 and wall/fence elevations received and dated August 6, 2001 shall be the conceptually approved layout with the following modification: a. Elevations shall depict colors and building materials proposed. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. 3. During grading, site development, and/or construction, the following shall be adhered to: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day. c. Use low sulfur fuel (.05%) by weight for construction equipment. d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts). e. Discontinue construction during second stage smog alerts. 4. The final building permit(s) cannot be approved, until the following has been completed: a. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. b. 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 09/19/01 11 (O1zm0919) 5. 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 Huntington Beach Zoning and Subdivision Ordinance. 6. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Conditional Use Permit No. 01-30 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-30 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. 01-30, 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 fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 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 $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. 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 09/19/01 12 (O1Zm0919) ITEM 4: TENTATIVE PARCEL MAP NO. 2001-126/CONDITIONAL USE PERMIT NO. 01-41/VARIANCE NO. 01-11 (HARBINGER HOMES FOUR UNIT PLANNED UNIT DEVELOPMENT) APPLICANT/ PROPERTY OWNER: Kerry Smith, Harbinger Homes, Inc., 302 Turtle Bay Lane, Costa Mesa, CA 92627 REQUEST: To permit a four lot subdivision and construction of a four -unit, two- story planned unit development. The request includes buildings over 25 ft. in height, and a six-foot high fence within the front setback, in lieu of the 42" maximum fence height, and variances to required driveway parking and building bulk. LOCATION: 2701 Delaware Street (west side of Delaware Street, south of 17" St.) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed project plans, color samples and color elevations stating the purpose, location and zoning of the requested project. Staff reviewed the changes to the site plan as outlined in the staff report. Staff recommended the deletion of TPM Condition No. 3.g. because notice was received from the City School District advising that there will be no additional fees required. Staff recommended approval of the request based upon the findings and subject to the conditions as is outlined in the staff report. No written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, and staff reviewed the floor plans, discussed the roof area and the surrounding uses. Ms. Broeren confirmed with staff that the Design Review Board does not require review of the proposed project. THE PUBLIC HEARING WAS OPENED. Kerry Smith, 302 Turtle Bay Lane, Costa Mesa, applicant, spoke against changing the placement of the wall. Mr. Smith expressed dissatisfaction with the manner in which the City has handled this item in particular the untimely manner in which he was given to address issues. He explained in great detail the pad height and reversed slope, the potential need for a retaining wall, encroachment into the landscaping and parking, the ten -foot setback from Delaware, and a willingness to move the setback to seven feet. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren and staff discussed the Code requirements as related to conditions no. La and Lb. Ms. Broeren confirmed that a retaining wall would be required if the parking were to be moved. ® Discussion ensued concerning parking, slope, grade, dimensions to shrubbery, private open space requirement, and open fencing. ZA Minutes 09/19/01 13 (O1zm0919) Ms. Broeren and the applicant discussed the reason for the combination block wall with wrought iron. The applicant stated that a solid six-foot high block wall would be preferred because of privacy concerns. Ms. Broeren stated that if a solid wall is approved, plant material with height would be required to soften the wall. Discussion ensued concerning a decorative wall with cap. Ms. Broeren asked staff to modify Finding No. 1 of the Variance in order to be specific about the nature of the variance. She stated that she was going to approve the proposed project with the following modifications: Findings_for Approval — Conditional Use Permit: 2. The conditional use permit will be compatible with surrounding uses. With the conditions imposed the proposed walls and parking area will be designed in a manner to minimize impacts to adjacent properties. Furthermore, the property will be developed with landscape parkways along Delaware and Seventeenth Streets to soften the street scene. Findings for Approval — Variance: The granting of Variance No. 01-11 for exceptions to planned unit development (PUD) requirements for: a) driveway parking for a minimum 50% of the units; and b) minimum 1/3 of the roof area within a multi -story, multi -unit building be one story less in height than the remaining portion of the structure's roof area, will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The project will be provided with the required number of open parking spaces. In addition, the project design features variations in the building roofline, and offsets in the building elevation. • Conditions of Approval — Tentative par* rl Map: La Lot lines on Lot 3 and 4 shall be setback a minimum of seven (7) feet from the Delaware Street right of way. Lb Lot lines bounding the private entry areas for Lots 1 and 3 along Seventeenth Street shall be modified by reducing the length from 50.08 ft. (Lot 1) and 46.10 ft. (Lot 3) to a maximum 35 ft. 3.g Delete Conditions of Approval — Conditional Use Permit: La The proposed fencing enclosing Lots 3 and 4 private patio areas shall be setback a minimum of seven (7) feet from the Delaware Street right of way. Lc Delete Lc Add new: The private patio walls for Lots 3 and 4 along Delaware Street shall be comprised of a six (6) ft. high decorative solid block material. Final design of the wall shall be approved by the Planning Department. • ZA Minutes 09/19/01 14 (O1zm0919) u 3.a Record the parcel map, and provide a mylar copy and two blueline prints of the recorded map to the Public Works Department. (PW) TENTATIVE PARCEL MAP NO. 2001-126/CONDITIONAL USE PERMIT NO. 01-41NARIANCE NO. 01-11 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED 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 project consists of a small multi -family project with less than six units. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 2001-126: 1. Tentative Parcel Map No. 2001-126 for a four lot subdivision is consistent with the General Plan Land Use Element designation of Medium Density Residential on the subject property, and applicable provisions of the Code except for the variances approved concurrently with this application. The four unit project complies with the allowable density for the site. 2. The site is physically suitable for the type and density of development. The proposed 14,281 sq. ft. parcel will accommodate the development of a four -unit townhouse project, which will be compatible with existing development in the immediate area. The surrounding neighborhood consists of multi -family residential uses including apartments and condominiums, and a church. 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. 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 for public access will be provided with the creation of the new parcels and development of the site. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-41: 1. Conditional Use Permit No. 01-41 for the establishment, maintenance and operation of the four unit townhouse project with buildings greater than 25 ft. in height, and a six ft. high wall within seven feet of the front setback will not be detrimental to the general welfare of persons working or ® residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Based upon the conditions imposed, the proposed building height and wall height will not impact the surrounding properties. ZA Minutes 09/19/01 15 (O1Zm0919) 2. The conditional use permit will be compatible with surrounding uses. With the conditions imposed the proposed walls and parking area will be designed in a manner to minimize impacts to adjacent properties. Furthermore, the property will be developed with landscape parkways along Delaware and Seventeenth Streets to soften the street scene. 3. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located, except for any variances approved concurrently. The proposed project will be provided with the required number of off-street parking spaces and will comply with all height and open space requirements. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Medium Density Residential on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require that multi -family residential projects be designed to convey a high level of quality and distinctive neighborhood character. (Policy LU 9.1.3) b. Include separate and well-defined entries to convey the visual character of individual identity for each residential unit. (Policy LU 9.1.3,c) FINDINGS FOR APPROVAL - VARIANCE NO. 01-11: The granting of Variance No. 01-11 for exceptions to planned unit development (PUD) requirements for: a) driveway parking for a minimum 50% of the units; and b) minimum 1/3 of the roof area within a multi -story, multi -unit building be one story less in height than the remaining portion of the structure's roof area, will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The project will be provided with the required number of open parking spaces. In addition, the project design features variations in the building roofline, and offsets in the building elevation. 2. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The property is triangular in shape and is surrounded by two streets restricting design of the site layout. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The variances will allow for the design of two, duplex buildings, with ample on - site guest parking in compliance with the Huntington Beach Zoning and Subdivision Ordinance. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The project will be provided with the required number of off-street parking spaces. Furthermore, the four units are separated into two, duplex buildings and are designed with massing offsets and other architectural features. • ZA Minutes 09/19/01 16 (01zm0919) 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Medium Density Residential on the subject property. 0 CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO.2001-126: 1. The tentative map received and dated August 6, 2001 shall be the approved layout with the following modifications: a. Lot lines on Lot 3 and 4 shall be setback a minimum of seven (7) feet from the Delaware Street right of way. b. Lot lines bounding the private entry areas for Lots 1 and 3 along Seventeenth Street shall be modified by reducing the length from 50.08 ft. (Lot 1) and 46.10 ft. (Lot 3) to a maximum 3 5 ft. 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: a. An Affordable Housing Agreement Plan shall be submitted to the Planning Department for review and approval. The agreement shall provide for affordable housing on -site or off -site. Said agreement shall be executed prior to issuance of the first building permit for the tract. The contents of the agreement shall include the following: 1) Minimum 10 percent of the units (1 unit) shall be affordable to families of low-income level ® (less than 80% of Orange County median) for a period of thirty years. 2) A detailed description of the type, size, location and phasing of the affordable units. 3) If affordable units (new or rehabilitate) are off -site, they must be under the full control of the applicant. 4) The affordable units shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first residential unit in the tract shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. b. At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. The CC&Rs must be in recordable form prior to recordation of the map. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) ia. 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) ZA Minutes 09/19/01 17 (01Zm0919) 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 items: (PW) 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. c. Provide a digital -graphics file of said map to the City per the following design criteria: (PW) 1) Design Specification: 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 the County of Orange Ordinance 3809. b) Digital data shall 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. Feature compilation shall include, but shall not be limited to: Assessor's Parcel Numbers (APN), street addresses and street names with suffix. 2) File Format and Media Specification: a) Shall be in compliance with the following file format: • AutoCAD (version 13 or later) drawing file: _.DWG b) Shall be in compliance with the following media type: • CD Recordable (CD-R) 650 Megabytes d. The sewer lateral shall be private and maintained by the Homeowners Association. (PW) e. The final parcel map shall be recorded with the County of Orange prior to issuance of building permits. (PW) f. The developer shall complete all common area improvements. 4. The following conditions shall be completed prior to issuance of a grading permit: a. A grading plan, prepared by a licensed Civil Engineer, shall be submitted for review and approval. The following improvements shall be incorporated into the grading plan: (PW) 1) New curb and gutter, sidewalk, and curb access ramp in accordance with current city standards along the site frontage of 17u' street and Delaware Street. 2) Transitions from curb, gutter and sidewalk sections to adjacent properties shall be signed and marked to the satisfaction of the Transportation Division. Signing and striping shall be ZA Minutes 09/19/01 18 (01=0919) is • is shown on a separate plan to be approved by transportation. This plan shall also show installation, maintenance, and/or replacement of existing and required new features such as the stop sign and legend of Seventeenth Street. 3) Install Edison owned, underground fed street lighting along the project's frontage, two lights are anticipated. The street lighting shall conform to city standards. 4) Each proposed dwelling unit may have a separate domestic water service and meter, sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC). The domestic water services shall be a minimum a 1-inch in size. The domestic water meters shall be located in the sidewalk on Delaware Street per Water Division standards. The address of each proposed dwelling unit shall be clearly and permanently etched on each water meter box. 5) Common area landscaping shall have separate irrigation service(s) and meter(s), sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC). The irrigation water service(s) shall be a minimum a 1-inch in size. An appropriate homeowners association agreement with CC&Rs shall be instituted to provide billing and maintenance of any common area landscape irrigation. 6) Separate backflow protection device(s) shall be installed, per Water Division standards for irrigation service(s). b. Hydrology and hydraulic studies for on -site and perimeter improvement shall be submitted for ® Public Works approval. (PW) A detailed soils analysis shall be prepared by a qualified, Licensed Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, liquefaction, foundations, retaining walls, pavement sections and utilities. (PW) d. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Licensed Civil or Environmental Engineer for review and approval. "Best Management Practices" shall be identified and incorporated into the design. (PW) e. If soil remediation is required, a remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties; details on how all drainage associated with the remediation efforts shall be retained on site and no wastes or pollutants shall escape the site; and shall also identify wind barriers around remediation equipment. (PW) f. The name and phone number of an on -site field supervisor hired by the developer shall be submitted to the Departments of Planning and Public Works. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading-related concerns. 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 ZA Minutes 09/19/01 19 (01zm0919) ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. Signs shall include the applicant's contact number, City contact (Construction Manager (714) 536-5431) regarding grading and construction activities, and "1- 800-CUTSMOG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) g. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) h. The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material is required. This plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction -related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. (PW) i. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (PW) Blockwall/fencing plans shall be submitted to an approved by the Department of Planning. Double walls shall be avoided to the greatest extent feasible. Applicant shall coordinate with adjacent property owners and make reasonable attempts to construct one common property wall. If coordination between property owners can not be accomplished, the applicant shall construct a six (6) foot high wall located entirely within the subject property and with a maximum two (2) inch separation from property line. Any removal of walls on private i residential property and construction of new common walls 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. The applicant shall provide proof to the City that all adjacent property owners have been contacted. 5. During grading operations, the following shall be complied with: a. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (PW) b. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (PW) c. Wet down the areas that are to be graded or that is being graded, in the late morning and after work is completed for the day. (PW) d. The construction disturbance area shall be kept as small as possible. (PW) 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. (PW) ZA Minutes 09/19/01 20 (O1zm0919) f. Prior to leaving the site, all haul trucks shall be washed off on -site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. (PW) g. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. Wind barriers shall be installed along the perimeter of the site. (PW) i. The remediation operations shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas. (PW) j. Construction equipment shall be maintained in peak operating condition to reduce emissions. k. Use low sulfur (0.5%) fuel by weight for construction equipment. 1. Truck idling shall be prohibited for periods longer than 10 minutes. m. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. n. Discontinue operation during second stage smog alerts. 6. 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. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-41NARIANCE NO. 01-11: 1. The site plan, floor plans and elevations received and dated August 6, 2001 shall be the conceptually approved layout with the following modifications: a. The proposed fencing enclosing Lots 3 and 4 private patio areas shall be setback a minimum of seven (7) feet from the Delaware Street right of way. b. The low fencing enclosing the porch/entry area to Lots 1 and 3 along Seventeenth Street shall be located along the modified lot lines. The private patio walls for Lots 3 and 4 along Delaware Street shall be comprised of a six (6) ft. high decorative solid block material. Final design of the wall shall be approved by the Planning Department. 0 d. Elevations shall depict colors and building materials proposed. ZA Minutes 09/19/01 21 (01=0919) e. Parking lot striping detail shall comply,with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) f. 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) g. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. h. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. i. The driveway entrance shall have textured and colored pavement (behind sidewalk on private property) for a minimum depth of 10 ft. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. 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. c. Submit three (3) copies of the site plan and the processing fee to the Planning Department for addressing purposes. (FD) 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. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the • geologist's report. Calculations for footings and structural members to withstand anticipated ZA Minutes 09/19/01 22 (01zm0919) g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) ® g. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units. 3. Prior to issuance of building permits, the following shall be completed: a. Record the parcel map, and provide a mylar copy and two blueline prints of the recorded map to the Public Works Department. (PW) b. The Final Map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Planning Department. (Code Requirement) c. Fire hydrants shall be provided in number and at locations specified by the Fire Department. They must be installed before combustible construction begins. Indicate hydrant locations and Fire Department connections. Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department (City Specification No. 407). (FD) d. An approved site investigation meeting all requirements contained within City Specification No. 431-92 shall be accepted in lieu of the methane safety requirements listed in City Specification No. 429. (FD) r4. The following conditions shall be completed prior to approval of Final Building Permits (occupancy of the buildings): a. All improvements as shown on the approved Grading and Street Improvement Plans. (PW) b. 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 prior to the final landscape inspection and approval. (PW) c. Applicant shall provide the City with Microfilm copies (in City format) and CD (AutoCAD only) copy of complete City approved landscape construction drawings as stamped "Permanent File Copy" prior to starting landscape work. Copies shall be given to the City Landscape Architect for permanent City record. (PW) d. Address numbers will be installed on all structures to comply with Fire Department. City Specification No. 428. (FD) e. The project shall comply with all provisions of the BBMC Section 17.04.085 and City Specification 429, Methane District Building Permit Requirements. (FD) f. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. ZA Minutes 09/19/01 23 (O1Zm0919) g. 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. 5. 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 Huntington Beach Zoning and Subdivision Ordinance. 6. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Tentative Parcel Map No. 2001-126 shall not become effective until the ten calendar day appeal period has elapsed. 2. Tentative Parcel Map No. 2001-126, Conditional Use Permit No. 01-41 and Variance No. 01-11 shall become null and void unless exercised within two (2) years of the date of final approval which is September 19, 2003. 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. 2001-126, Conditional Use Permit No. 01-41 and Variance No. 01-11, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable Public Works fees shall be paid. (PW) 5. Standard landscape code requirements apply (Chapter 232 of the ZSO). (PW) 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 Iimited to Monday - Saturday 7:00 AM to 8:00 PM. 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 Exemption at the County of Orange Clerk's Office. The check shall be made out to the Coun of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. ZA Minutes 09/19/01 24 (01=0919) 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. Traffic Impact Fees (assessed per the new TIF ordinance at $120 per net new daily trip) shall be paid at the time of final inspection. (PW) 11. The Water Ordinance No. 14. 52, the "Water Efficient Landscape Requirements" apply for projects with 2500 sq. ft. of landscaping and larger. (PW) 12. Park Land In -Lieu Fees shall be paid prior to approval of the final map by the City. 13. State -mandated school impact fees shall be paid prior to issuance of building permits. 14. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. 15. All new and existing utilities shall be installed underground. (PW) 16. An encroachment permit shall be required from the Public Works Department for all work within the right-of-way. (PW) ® THE MEETING WAS ADJOURNED AT 2:40 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, SEPTEMBER 26, 2001 AT 1:30 PM. Ma Be h Broeren Zoning Administrator rmk ZA Minutes 09/19/01 25 (O1Zm0919)