HomeMy WebLinkAbout2002-06-120
0
MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-8 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, DUNE 12, 2002 - 1:30 P.M.
ZONING ADMINISTRATOR: Mary Beth Broeren
STAFF MEMBER: Jane James, Paul Da Veiga, Ramona Kohlmann (recording
secretary)
MINUTES: NONE
ORAL COMMUNICATION: NONE
ITEM 1: CONDITIONAL USE PERMIT NO. 01-51NARIANCE NO.01-13 (BEACHMONT
PLAZA
APPLICANT:
Kevin Yoshikawa, Perkowitz and Ruth Architects, 111 West Ocean
Boulevard, 21" Floor, Long Beach, CA 90802
PROPERTY OWNER:
Beachmont Properties, LLC, Bruce Cowgill, 2760 E. Spring Street,
Suite 200, Long Beach, CA 90806-2257
Albertson's, Inc., Martin F. Saalberg, 1421 South Manhattan
Avenue, Fullerton, CA 92831-5221
REQUEST:
CUP: To permit demolition of a portion of an existing shopping
center, construction of a new 54,920 sq. ft. building for Ralph's
Supermarket and 5,260 sq. ft. for other retail uses (net 8,670 sq. ft.
increase), construction of a new drive -through window for Sav-On
Pharmacy, and a facade remodel of the entire shopping center. The
proposed project also includes requests to provide 20% of the
parking stalls as compact sized spaces and to allow reduced parking
ratios for warehouse space in Ralph's and Sav-On. VAR: To allow
reduction of a required 10 ft. wide landscape planter along Adams
Avenue to eight ft. wide in one area and to allow a 25 ft. high
building within 28 ft. from a residential district in lieu of the
maximum 18 ft. high building within 45 ft. of a residential district.
LOCATION:
10039-10119 Adams Avenue (northeast corner of Brookhurst Street
and Adams Avenue)
PROJECT PLANNER:
Jane James
Jane James, Staff Planner, displayed project plans, elevations, photographs, and color renderings
stating the purpose, location and zoning of the requested project. Staff presented a detailed review of
the suggested findings and conditions of approval as outlined in the staff report. Staff presented a
review of the recommendations as suggested by the Design Review Board (DRB) and stated that the
DRB recommended approval of the proposed project.
Staff stated that the following written communications were received:
1. A petition from the adjacent property owners to the east of the proposed project expressing
noise concerns related to the 24-hour operation, delivery times, and compatibility of the
proposed northeast wall.
2. E-mail from the Huntington Bay Townhome Association requesting that the two openings in
the masonry wall remain open.
3. A telephone call from the owner of a beauty salon located at the proposed site.
4. A telephone call from an optometrist expressing interest in when the request would be
approved.
Staff recommended approval of the request based upon the findings and subject to the conditions as
outlined in the staff report and subject to the revised site plan and elevations. Staff stated that the
project will be compatible with the surrounding residential and commercial uses.
Mary Beth Broeren, Zoning Administrator, and staff discussed the DRB's recommendations as well as
the proposed parking.
THE PUBLIC HEARING WAS OPENED. •
Sue Reese, 10119 Adams Avenue, business owner, requested that the left-hand driveway off of Adams
Avenue remain.
Leslie Riasanovsky, 10145 Disney Circle, neighboring property owner to the rear of the proposed
project, spoke in favor of the request and questioned the placement of the wall to the rear of Ralph's
Supermarket, restriction of nighttime deliveries, the block wall height, vines on the wall for sound
attenuation, and locking the gates that open into the adjoining residential with keys for the residents.
Ruth Geller, 10107 Holburn, neighboring property owner, expressed concerns regarding potential
noise during nighttime deliveries at Ralph's Supermarket and during trash collection days as well as
the location of the trashcans.
Don Connors, 10174 Ascot Circle, President of the Homeowner's Association (HOA), requested
clarification concerning the e-mail and petition received by staff. Mr. Connors stated that the
above -mentioned gates should be locked, that the block wall should be higher and asked who will be
financially responsible for the traffic light installation. He stated on behalf of the HOA that it would be
unfair for the residents to incur expenses in maintaining the gate.
A representative of Stater Brothers Supermarket located in the shopping center directly southeast and
across the street from the proposed project, stated that he is a licensed traffic engineer. He stated that
they vehemently object to Condition No. 4.b.4) and presented extensive reasons thereof. •
ZA Minutes 6/12/02 2 (02zm0612)
0 Chuck Ball, 17631 Fitch, Irvine, representing the applicant, questioned the following conditions:
• Condition No. Lp:
Requested the option to repair any existing masonry walls that are damaged or in disrepair.
• Condition No. Lr:
Requested that this condition be excluded in its entirety stating that the condition would
create customer inconvenience as well as drainage problems.
• Condition No. Lt:
Stated that this condition would impede traffic and requested that the existing curvature
and parking stalls remain.
• Conditions No. 4.a.4) and 4.a.5):
Stated that they cannot restrict access to Rally's without creating a potential for liability.
• Condition No. 4.a.6):
Stated that this condition would cause inconvenience to customers utilizing the
drive -through at Sav-On and requested that the existing access remain as is.
• Condition No. 4.a.7):
Asked that this condition be deleted and presented a traffic study that was conducted by
State Farm.
• Condition No. 4. c:
Stated that the trash enclosures are irrelevant with respect to the site clearance and
requested that the condition be deleted.
• Condition No. 4.1:
® Questioned the necessity for,this condition.
• Condition No. 6.c:
Questioned their ability to enforce this condition.
• Condition No. 6.p:
Questioned the necessity for an automatic fire sprinkler system.
• Condition No. 9.b:
Questioned changing 9:00 PM to 10:00 PM.
• Information on Specific Code Requirements No. 7:
Questioned the necessity for this requirement.
Wes Pringle, 22042 Town Center Drive, Foothill Ranch, traffic consultant, supported Mr. Ball's
comments above and addressed the traffic study.
Les Jordan, 10131 Holburn Drive, neighboring property owner, inquired into the height of the wall on
the property side of the Ralph's loading dock and the landscape plans. Mr. Jordan suggested placing
lighting where appropriate to deter homeless people.
Kevin Yoshikawa, Perkowitz and Ruth Architects, 111 West Ocean Boulevard, 21" Floor, Long
Beach, architect, addressed the parking and landscaping plans.
Ms. Broeren, staff, Bob Righetti (Public Works), and Terri Elliott (Public Works) engaged in lengthy
discussions concerning the above.
ZA Minutes 6/12/02 3 (02=0612)
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Ms. Broeren stated that she was going to approve the request and asked staff to modify the suggested
conditions of approval as follows:
Condition No. Lp:
Minimum six feet high solid masonry walls shall be provided along the entire length of the north
and east property lines. The minimum six feet in height shall be measured from the commercial
side of the wall. Furthermore, a minimum eight feet high solid masonry wall shall be provided
from the northeast corner of the site southerly to the screenwall of the loading docks
(approximately 165 feet). A minimum eight feet high solid masonry wall shall be provided from
the northeast corner of the site westerly to the end of the truck maneuverability area as depicted on
the proposed site plan (approximately 165 feet). Any existing masonry walls that currently meet
these height requirements but are damaged or in disrepair shall be repaired or replaced with new
walls.
Condition No. l.r
Additional landscaping shall be provided within the double row of parking stalls immediately east
of the middle of the Ralph's Grocery store (within the fourth row of double parking stalls from the
southerly property line). The additional landscaping may be provided with additional tree wells
(three maximum required) or by extending proposed tree wells into landscape planters across the
front of several parking stalls. The additional landscaping shall not impinge on the drainage
pattern established on -site. If the Public Works Department determines that additional landscaping
in this area interferes with the drainage pattern, then the landscaping will not be required. •
Condition No. Lt:
The three parking stalls at the westernmost end of the parking bay opposite Sav-On shall be
replaced with an angled landscape planter to provide an adequate transition area for traffic entering
the site. (PW)
Condition No. l.v:
To the extent feasible, landscaping within the four foot wide planter along the easterly property
line shall include palm trees and other vegetation to maximize screening of the commercial
property from the adjacent easterly residential units.
Condition No. 4.a.4):
The applicant shall pursue a reciprocal vehicular access agreement with Rally's to consolidate
driveways on Brookhurst Street. (PW)
Condition No. 4.a.6):
Left turn exits and through movements from the site shall be prohibited from the easternmost
driveway on Adams Avenue. (PW)
Condition No. 4.b.4):
Revise and re -number as Condition No. 4.c
•
ZA Minutes 6/12/02 4 (02=0612)
® Condition No. 4.c:
Delete as is and replace with the following:
The proposed traffic signal on Brookhurst Street at the main driveway shall include
communication facilities. A traffic signal plan that meets City standards shall be prepared by a
qualified, registered Traffic Engineer. A copy of AutoCAD file shall be submitted to Traffic
Engineering upon completion of the project and "as -built" drawings are completed. (PW)
Condition No. 6.c:
The property owner shall accept the Irrevocable Reciprocal Parking and Access Easement offered
and recorded by Rally's in accordance with the approval of the Rally's construction in 1993 (Use
Permit No. 93-60 [R]). (Code Requirement)
Condition No. 6.p:
An automatic fire sprinkler system shall be installed throughout as determined by the Fire
Department. For Fire Department approval, plans shall be submitted to the Building Department
as separate plans for permits. (FD)
Condition No. 9.b:
No deliveries shall occur on site between the hours of 10:00 PM to 7:00 AM. Delivery hours shall
be posted at all loading/unloading dock areas.
CONDITIONAL USE PERMIT NO. 01-51NARIANCE NO. 01-13 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
Section 15303, Class 3 of the CEQA Guidelines, because the project consists of less than 10,000
square feet of new commercial space, no significant hazardous materials are involved, public services
and facilities are available, the site is not located in an environmentally sensitive area.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-51:
1. Conditional Use Permit No. 01-51 for the establishment, maintenance, operation, and construction
of a new 54,920 sq. ft. building for Ralph's Supermarket and 5,260 sq. ft. for other retail uses (net
8,670 sq. ft. increase), construction of a new drive -through window for Sav-On Pharmacy, fagade
remodel of the entire shopping center, as well as requests to provide 20% of the parking stalls as
compact sized spaces and to allow reduced parking ratios for warehouse space in Ralph's and Sav-
On 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 new construction and fagade remodel represent a substantial aesthetic
improvement to the existing retail shopping center, the drive -through window will be
architecturally enhanced, the drive -through window and site plan improvements will not create
ZA Minutes 6/12/02 5 (02zm0612)
adverse traffic or circulation impacts, compact parking spaces are dispersed throughout the site
and are concentrated on the perimeter of the project, and sufficient parking will be provided for all
proposed uses. .
2. The conditional use permit will be compatible with surrounding residential and commercial uses
because the project represents an architectural upgrade to an existing retail shopping center,
perimeter walls separating the commercial project from adjacent residential uses will be enhanced,
the truck loading area behind the new grocery store includes a 12 foot high screen wall,
landscaping improvements are included throughout the site, non -conforming signs will be
removed, a right -turn lane from westbound Adams Avenue to northbound Brookhurst Street will
be dedicated, sufficient parking will be provided for all uses, and with restrictions on truck
deliveries, loading and unloading, no adverse noise impacts are anticipated.
The proposed Conditional Use Permit No. 01-51 will comply with the provisions of the base
district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and
Subdivision Ordinance except for reduction of a required 10 ft. wide landscape planter along
Adams Avenue to eight ft. wide in one area and a 25 ft. high building within 28 ft. from a
residential district in lieu of the maximum 18 ft. high building within 45 ft. of a residential district.
Variances for these two code deviations have been approved concurrently by separate action.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of General Commercial on the subject property.
In addition, it is consistent with the following goals and policies of the General Plan:
a. Goal LU 1: Achieve development that maintains or improves the City's fiscal viability and .
reflects economic demands while maintaining and improving the quality of life for the current
and future residents of Huntington Beach.
b. Policy LU 1.1.2: Promote development in accordance with the Economic Development
Element.
c. Goal LU 2: Ensure that development is adequately served by transportation infrastructure,
utility infrastructure, and public services.
d. Goal ED 1: Provide economic opportunities for present and future Huntington Beach
residents and businesses through employment and local fiscal stability.
e. Goal ED 2: Aggressively retain and enhance the existing commercial, industrial, and visitor
serving uses while attracting new uses to Huntington Beach.
The proposed renovation, remodel, and reconstruction of the existing Beachmont Plaza into an
enhanced commercial shopping complex promotes commercial development and economic
viability at a currently underutilized commercial property. The new development enhances the
City's general commercial opportunities, provides a shopping and service oriented destination for
Huntington Beach residents, and provides additional employment prospects. The site will be
served with adequate infrastructure, includes high quality architecture and fagade remodel, •
provides public gathering places, and will include public art.
ZA Minutes 6/12/02 6 (02=0612)
FINDINGS FOR APPROVAL - VARIANCE NO. 01-13:
1. The granting of Variance No. 01-13 to allow reduction of a required 10 ft. wide landscape planter
along Adams Avenue to eight ft. wide in one area and to allow a 25 ft. high building within 28 ft.
from a residential district in lieu of the maximum 18 ft. high building within 45 ft. of a residential
district will not constitute a grant of special privilege inconsistent with limitations upon other
properties in the vicinity and under an identical zone classification. A greater reduction in
landscape planter along Adams Avenue was previously granted by the Zoning Administrator in
1994 when a similar project was approved but never constructed. In addition, other commercial
properties have been granted reductions in landscaping along the street edge when significant
upgrades are made to other landscaping areas within the project site. The building height variance
will not be inconsistent with limitations on similar projects when no adverse noise or visual impacts
are associated with such a request.
2. Because of special circumstances applicable to the subject property, including location and
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. A
substantial property dedication (11 feet wide by 330 feet long) is required along the Adams
Avenue frontage for street widening purposes. The additional right-of-way is necessary for
improvement of a right turn lane from westbound Adams Avenue to northbound Brookhurst
Street. Loss of property for street widening and the location of the existing buildings to remain on
the southern edge of the property restricts the applicant's ability to provide adequate landscaping
along Adams Avenue. In addition, dedication of the property restricts the amount of available land
® remaining to construct a new grocery store with sufficient parking at the size and ceiling height
driven by current market demands.
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. The variances are necessary to allow the property owner to complete the
proposed new construction and fagade remodel of the existing shopping center.
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 landscape reduction is necessary along a minimal
portion of the Adams Avenue frontage (80 feet out of 330 feet) and landscaping upgrades have
been provided throughout the remainder of the site in compliance with the Zoning Code and the
City Design Guidelines. The variance request for building height will not be detrimental to the
adjacent residential properties because there are no openings (except emergency exits) along the
east side of the grocery store, architectural enhancements are included on the building wall
adjacent to residential, the loading dock area is screened by a 12 foot high wall, upgrades to the
perimeter property wall will be included, and deliveries to the site will be prohibited during
nighttime hours.
5. The granting of the variances will not adversely affect the General Plan. It is consistent with the
Land Use Element designation of General Commercial on the subject property because approval of
the variance requests allows the new construction and fagade remodel of the shopping center to
move forward providing an enhanced retail shopping destination for Huntington Beach residents
is while not adversely impacting surrounding uses.
ZA Minutes 6/12/02 7 (02zm0612)
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-51NARI4,NCE
NO. 01-13:
1. The site plan, floor plans and elevations received and dated May 5, 2002 shall be the conceptually
approved layout with the following modifications:
a. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. (Code Requirement)
b. 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)
c. All exterior mechanical equipment shall be screened from view on all sides. Rooftop
mechanical equipment shall be setback 15 feet from the exterior edges of the building.
Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration
equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally
compatible with the building in terms of materials and colors. If screening is not designed
specifically into the building, a rooftop mechanical equipment plan showing screening must be
submitted for review and approval with the application for building permit(s). (Code
Requirement)
d. 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.
e. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be
shown on the site plan and elevations.
f. Adequate lighting for the one-way driveaisle between Sav-On and Building B shall be provided
for pedestrians and vehicles and shall be shown on the site plan and elevations.
g. The driveway entrances shall have textured and colored pavement (behind sidewalk on private
property) as proposed on the site plan received and dated May 5, 2002. The interlocking
pavers shall be expanded to the entire depth and width of the driveway entry while minimizing
the concrete band at the edges.
h. The west elevation of the Sav-On building shall be revised. Columns, light sconces, and
decorative tiles currently proposed to the south of the drive -through window shall be repeated
to the north of the drive -through window.
i. The proposed concrete pedestrian sidewalk from Brookhurst Street to the southern edge of the
Ralph's building shall be finished with decorative paving.
ZA Minutes 6/12/02 8 (02zm0612)
j. Public art shall be included with the proposed project as identified in the conditions below.
k. The landscape planter width along Brookhurst Street shall be increased by two feet to provide
the code required minimum ten (10) feet of landscaping with no vehicle overhang.
1. Outdoor dining and vending notes shall be removed from the site plan. Any future requests for
outdoor dining, vending, or outdoor display shall be subject to conditional use permit and
detailed, dimensioned plans showing pedestrian paths and access shall be provided.
in. The trash enclosures located east of Building E shall be relocated to an accessible location.
n. The trash enclosure located to the north of Sav-On shall be relocated to provide adequate sight
visibility around the corner from the one-way drive -through lane. The trash enclosure shall be
relocated to the east of the store adjacent to two other proposed enclosures. The previous
location shall be landscaped to enhance sight visibility.
o. The screenwall located to the east of the Ralph's Grocery store loading docks shall be a
minimum twelve (12) feet high and built of solid masonry construction.
p. Minimum six feet high solid masonry walls shall be provided along the entire length of the
north and east property lines. The minimum six feet in height shall be measured from the
commercial side of the wall. Furthermore, a minimum eight feet high solid masonry wall shall
be provided from the northeast corner of the site southerly to the screenwall of the loading
docks (approximately 165 feet). A minimum eight feet high solid masonry wall shall be
provided from the northeast corner of the site westerly to the end of the truck maneuverability
area as depicted on the proposed site plan (approximately 165 feet). Any existing masonry
walls that currently meet these height requirements but are damaged or in disrepair shall be
repaired or replaced with new walls.
q. The two openings in the masonry wall along the easterly property line between the subject site
and the Huntington Bay condominiums shall be provided with new locking gates if approved
by the Fire Department. The locking gates shall be subject to Fire Department requirements
and Huntington Bay condominium owners shall be provided with universal keys for the locking
mechanism.
Additional landscaping shall be provided within the double row of parking stalls immediately
east of the middle of the Ralph's Grocery store (within the fourth row of double parking stalls
from the southerly property line). The additional landscaping may be provided with additional
tree wells (three maximum required) or by extending proposed tree wells into landscape
planters across the front of several parking stalls. The additional landscaping shall not impinge
on the drainage pattern established on -site. If the Public Works Department determines that
additional landscaping in this area interferes with the drainage pattern, then the landscaping will
not be required.
s. The parking lot light standard bases shall be painted to match the building.
ZA Minutes 6/12/02 9 (02zm0612)
t. The three parking stalls at the westernmost end of the parking bay opposite Sav-On shall be
replaced with an angled landscape planter to provide an adequate transition area for traffic
entering the site. (PW)
u. A covered/solid roof shall be provided over the Sav-On drive -through.
v. To the extent feasible, landscaping within the four foot wide planter along the easterly property
line shall include palm trees and other vegetation to maximize screening of the commercial
property from the adjacent easterly residential units.
2. Within 90 days of the Zoning Administrator's action, a temporary construction easement shall be
granted to the City of Huntington Beach along the Adams Avenue frontage, for the improvements
associated with the City's Brookhurst/Adams intersection modification project (Cash Contract No.
1162). (PW)
3. 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.
The applicant shall complete all Notification requirements of the South Coast Air Quality
Management District.
d. All asbestos shall be removed from all buildings prior to demolition of the building.
e. A truck hauling and routing plan for all trucks involved in asbestos removal and demolition of
the existing structures shall be submitted to the Department of Public Works and approved by
the Director of Public Works.
f. The applicant shall disclose the method of demolition on the demolition permit application for
review and approval by the Building and Safety Director.
4. Prior to issuance of grading permits, the following shall be completed:
a. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works
Department for review and approval. The following public improvements shall be shown on
the plan (PW):
1) The existing driveways to be eliminated shall be removed and replaced with curb and
gutter and sidewalk per City Standard Plan Nos. 202 and 207. (PW) 0
ZA Minutes 6/12/02 10 (02zm0612)
2) The proposed driveways and existing driveways to remain shall be ADA compliant and
is per City Standard Plan No. 211. (PW)
3) Right turn only driveways onto Adams Avenue and Brookhurst Street shall be a
maximum width of 30-feet. (PW)
4) The applicant shall pursue a reciprocal vehicular access agreement with Rally's to
consolidate driveways on Brookhurst Street. (PW)
5) Left turns from the Sav-On drive -through back into the site across the main driveway
access onto Brookhurst Street shall be prohibited by a continuous raised median within
the driveway throat. (PW)
6) Left turn exits and through movements from the site shall be prohibited from the
easternmost driveway on Adams Avenue. (PW)
7) The existing on -site looped 6-inch public water distribution system shall be abandoned
per Water Division standards and upgraded (8-inches minimum) to satisfy minimum fire
flow requirements (per Fire Department) and shall be relocated to be clear of all
structures, parking facilities and landscaping. The new on -site looped public water
distribution system shall be constructed per Water Division standards, and sized to meet
the minimum requirements set by the California Plumbing Code (CPC) and Uniform Fire
Code (UFC). (PW)
8) Additional fire hydrant(s) required along the Ralph's Grocery Store frontage per Fire
Department shall be served from an on -site public water main (6-inches minimum), and
® sized to meet the minimum requirements set by the Uniform Fire Code. The new water
main shall be constructed per Water Division standards and shall connect to the new on -
site looped water distribution system. (PW)
9) Each retail unit may have a separate domestic water service and meter, sized to meet the
minimum requirements set by the California Plumbing Code. The domestic water service
shall be a minimum of 2-inches in size. The address of each retail unit shall be clearly and
permanently etched on each water meter box. (PW)
10) The existing irrigation water service(s) serving the development may potentially be
utilized if it is of adequate size, conforms to current standards, and is in working
condition as determined by the Water Division. If a new irrigation water service(s) is
required, the existing service(s) shall be abandoned per Water Division standards. The
new irrigation water service(s) shall be installed per Water Division standards and sized to
meet the minimum requirements set by the California Plumbing Code. The irrigation
water service shall be a minimum of 2-inches in size. (PW)
11) The existing 1-inch irrigation water meter(s) serving the development shall be replaced
with a touch -read meter. The new irrigation water meter(s) shall be installed per Water
Division standards, and sized to meet the minimum requirements set by the California
Plumbing Code (CPC). (PW)
12) Separate backflow protection devices shall be installed, per Water Division standards for
all domestic, irrigation and new fire water services. (PW)
® 13) Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a
36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of
brown trunk). Applicant shall provide a consulting arborist report on all the existing
ZA Minutes 6/12/02 11 (02zm0612)
trees. Said report shall quantify, identify, size and analyze the health of the existing trees.
The report shall also recommend how the existing trees that are to remain (if any) shall be
protected and how far construction/grading shall be kept from the trunk. (PW)
b. A Street Improvement Plan, prepared by a Licensed Civil Engineer, shall be submitted to the
Public Works Department for review and approval. The following public improvements shall
be shown on the plan (PW):
1) Curb, gutter and sidewalk along the Brookhurst Street frontage, per City Standard Plan
Nos. 202 and 207. (PW)
2) SCE -owned street lights per City Standards along the Brookhurst Street and Adams
Avenue frontages. In lieu of designing and installing the street lighting along the Adams
Avenue frontage, a cash deposit in the amount of $25,000 payable to the City of
Huntington Beach may be made. The City of Huntington Beach will incorporate the
design and installation of the street lighting with their street widening project. (PW)
3) Concrete bus pad on Brookhurst Street adjacent to the consolidated access driveway
serving Rally's. (PW)
c. The proposed traffic signal on Brookhurst Street at the main driveway shall include
communication facilities. A traffic signal plan that meets City standards shall be prepared by a
qualified, registered Traffic Engineer. A copy of AutoCAD file shall be submitted to Traffic
Engineering upon completion of the project and "as -built" drawings are completed. (PW)
d. 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 into the design. (PW) •
e. Hydrology and hydraulic studies shall be submitted for Public Works review and approval and
shall address the provisions of Chapter 222 of the Huntington Beach Zoning and Subdivision
Ordinance, including Section 222.1OC. No storm run-off shall be allowed to sheetflow into
Brookhurst Street or Adams Avenue. (PW)
f. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include
on -site soil sampling and laboratory testing of materials to provide detailed recommendations
for grading, chemical and fill properties, retaining walls, streets, and utilities. (PW)
g. 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)
h. 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 •
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
ZA Minutes 6/12/02 12 (02=0612)
(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)
i. 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)
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)
k. 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 (including a site plan, section drawings, 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 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 identify materials, seep holes and drainage.
5. Prior to submittal for 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; and
submit 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials
sample board, and massing model to the Planning Department for inclusion in the entitlement
file.
b. 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.
c. Submit three (3) copies of the site plan and floor plans and the processing fee to the Planning
Department for addressing purposes. (FD)
d. The Planning Department shall review and approve the revised site plan and elevations as
modified pursuant to Condition No. 1.
e. All Fire Department requirements shall be noted on the building plans. (FD)
f. A detailed soils analysis shall be prepared by a Licensed 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,
ZA Minutes 6/12/02 13 (02zm0612)
retaining walls, streets, utilities, and chemical and fill properties of underground items including
buried pipe and concrete and the protection thereof. (BD)
g. 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
g-factors shall be submitted to the City for review prior to the issuance of building permits.
(Code Requirement)
6. Prior to issuance of building permits, the following shall be completed:
a. A public art element shall be submitted and approved by the Cultural Services Manager,
Director of Planning, and the Design Review Board. Public art shall be located in a permanent
publicly accessible location and shall be reflective of the surrounding community.
b. A parcel map or lot line adjustment establishing property lines consistent with proposed
buildings shall be submitted and approved pursuant to Title 25 of the Huntington Beach
Zoning and Subdivision Ordinance. Said map shall be recorded prior to issuance of a building
permit. recorded with the County. (PW)
c. The property owner shall accept the Irrevocable Reciprocal Parking and Access Easement
offered and recorded by Rally's in accordance with the approval of the Rally's construction in
1993 (Use Permit No. 93-60 [R]). (Code Requirement) •
d. The applicant shall enter into a Special Utility Easement Agreement with the City for
maintenance and control of the area within the (public) pipeline easement, which shall address
repair to any enhanced pavement, etc. if City water mains require repair or maintenance. (PW)
e. A water line easement shall be dedicated to the City of Huntington Beach through a separate
recording instrument, covering the public water pipelines and appurtenances located within the
project site. This easement shall be an unobstructed paved or landscaped surface (no surface
features; including structures, parking spaces, trees, enhanced paving, etc.); and shall be a total
minimum width of 20-feet (10-feet on both sides of the water pipeline), pursuant to Water
Division standards. (PW)
f. Dedicate 11-feet of right-of-way along Adams Avenue for a right turn lane. (PW)
g. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural
and Landscape Standards and Specifications. A Landscape Construction Set must be
submitted to the Department of Public Works and approved by the Departments of Public
Works and Planning. The Landscape Construction Set shall include a landscape plan prepared
and signed by a State Licensed Landscape Architect which identifies the location, type, size
and quantity of all existing plant materials to remain, existing plant materials to be removed
and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a
copy of the entitlement conditions of approval. (PW) •
ZA Minutes 6/12/02 14 (02zm0612)
The landscape plans shall be in conformance with the three-foot high berm depicted on the site
plan adjacent to the drive -through pharmacy and Chapter 232 of the Zoning and Subdivision
Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed
shall be replaced at a two to one ratio (2:1) with minimum 36 inch box trees and shall be
incorporated into the project's landscape plan. (PW) (Code Requirement)
h. The Consulting Arborist (approved by the City Landscape Architect) shall review the final
landscape tree planting plan and approve in writing the selection and locations proposed for
new trees and the protection measures and locations of existing trees to remain. Existing trees
to remain shall also be addressed by said Arborist with recommendations/requirements for
protection during construction. Said Arborist report shall be incorporated onto the Landscape
Architect's plans as construction notes and/or construction requirements. The report shall
include the Arborist's name, certificate number and the Arborist's wet signature on the final
plan. (PW)
i. 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)
j. Submit a Parking Management Plan approved by property owner for review and approval by
the Planning Department. Said plan shall depict location and parking space designations for
tenants, employees, and customers. Tenants and employees shall be directed to park within the
rear (north and east) parking areas of the site. (Code Requirement)
® k. The major identification signs shall be removed or altered to comply with Chapter 233, Signs
of the HBZSO after approval of building permits for such modification. A planned sign
program for all signage shall be submitted to the Planning Department. Said program shall be
approved prior to the first sign request. The sign plan shall identify the type of new signage
and timing for bringing all existing signs on the property into conformance with the HBZSO.
Said improvements shall be completed within one year of the effective date of this approval.
1. An interim parking and building materials storage plan shall be submitted to the Planning
Department to assure adequate parking and restroom facilities are available for employees,
customers and contractors during the project's construction phase and that adjacent properties
will not be impacted by their location. The plan shall also be reviewed and approved by the
Fire Department and Public Works Department. The applicant shall obtain any necessary
encroachment permits from the Department of Public Works.
in. To maintain required emergency access and site safety during project construction phases,
submit a Fire Protection Plan in compliance with City Specification #426-Fire Safety
Requirements for Construction Sites. (FD)
n. Fire access roads shall be provided in compliance with City Specification #401 Minimum
Access for Fire Department Access. (FD)
o. Fire hydrants must be installed and be in service before combustible construction begins. Shop
® drawings shall be submitted to the Public Works Department and approved by the Fire
ZA Minutes 6/12/02 15 (02zm0612)
Department. Indicate hydrant locations and fire department connections. The Fire
Department and the Public Works Water Division shall determine the number of fire hydrants.
(FD) i
p. An automatic fire sprinkler system shall be installed throughout as determined by the Fire
Department. For Fire Department approval, plans shall be submitted to the Building
Department as separate plans for permits. (FD)
q. A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire
Department approval, shop drawings shall be submitted to Building as separate plans for
permits. The system shall provide water flow, tamper, and trouble alarms, manual pull
stations, interior and exterior horns and strobes, voice communication, and 24-hour central
station monitoring. (FD)
r. For Fire Department approval, food preparation fire protection system plans shall be submitted
to the Building Department as separate plans for permits. (FD)
s. All Fire Department requirements shall be noted on the building plans. (FD)
7. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities
cannot be released until the following has been completed:
a. For Buildings C, D, E OR F, all improvements shown for construction on the approved
Grading Plan shall be completed. (PW) .
b. Installation of required landscaping and irrigation systems shall be completed. (PW)
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 prior to the final landscape inspection and approval. (PW)
d. In accordance with the site plan dated May 5, 2002, a three-foot high landscape berm shall be
constructed along Brookhurst Street adjacent to the drive -through pharmacy.
e. 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 landscaping work. Copies shall be given to the City Landscape
Architect for permanent City record. (PW)
f. The applicant shall complete all public improvements including street improvement, street
lighting improvements, traffic signal improvement, and striping modifications. (PW)
g. The developer shall enter into a long-term maintenance agreement with the City of Huntington
Beach for reimbursement of all maintenance and operations of the traffic signal to be installed
at the main project driveway on Brookhurst Street. (PW)
h. Fire extinguishers shall be installed and located in areas to comply with HBFC standards found
in City Specification #424-Portable Fire Extinguishers. (FD)
ZA Minutes 6/12/02 16 (02zm0612)
i. Address numbers shall be installed to comply with City Specification #428-Premise
Identification. Number sets may be required on front and rear of the structure. (FD)
Exit signs and exit path markings will be provided in compliance with the Huntington Beach
Fire Code and Title 24 of the California Administrative Code. (FD)
k. Service roads and fire access lanes, as determined by the Fire Department, shall be posted,
marked, and maintained per City Specification #415-Fire Lane Signs. If prior to approved
signage fire lane violations occur and the services of the Fire Department are required, the
applicant may be liable for related expenses. (FD)
1. The applicant shall restripe the parking lot so that it conforms to provisions of Chapter 231 of
the Huntington Beach Zoning & Subdivision Ordinance.
m. The applicant shall obtain the necessary permits from the South Coast Air Quality Management
District and submit a copy to Planning Department.
n. All signs shall be brought into in compliance with the Chapter 233 of the Huntington Beach
Zoning & Subdivision Ordinance.
o. Compliance with all conditions of approval specified herein shall be accomplished and verified
by the Planning Department.
g A
All building spoils, such as unusable lumber, wire i and other surplus or unusable material,
p• � � pipe, p� p
shall be disposed of at an off -site facility equipped to handle them.
8. During demolition, grading, site development, and/or construction, the following shall be adhered
to:
a. Discovery of additional contamination/pipelines, etc., must be reported to the Fire Department
immediately and the approved workplan modified accordingly. (FD)
b. 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)
c. 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)
d. Wet down the areas that are to be graded or that are being graded, in the late morning and
after work is completed for the day. (PW)
e. The construction disturbance area shall be kept as small as possible. (PW)
f. 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 6/12/02 17 (02=0612)
g. 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)
h. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding
areas. (PW)
i. Wind barriers shall be installed along the perimeter of the site. (PW)
j. Remediation operations, if required, 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)
k. Comply with the "Water Quality Management Plan" requirements. (PW)
1. Construction equipment shall be maintained in peak operating condition to reduce emissions.
m. Use low sulfur (0.5%) fuel by weight for construction equipment.
n. Truck idling shall be prohibited for periods longer than 10 minutes.
o. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts.
p. Discontinue operation during second stage smog alerts.
q. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and
phone number of a field supervisor to contact for information regarding the development and .
any construction/ grading activity.
r. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code
requirements including the Noise Ordinance. All activities including truck deliveries associated
with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00
AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code
Requirement)
9. 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. No deliveries shall occur on site between the hours of 10:00 PM to 7:00 AM. Delivery hours
shall be posted at all loading/unloading dock areas.
c. The property owner/manager shall act as liaison with the Huntington Bay Condominium
association for long-term maintenance of the gates, locks, and keys between the commercial
site and the residential development to the east.
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
ZA Minutes 6/12/02 18 (02zm0612)
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.
11. 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:
Conditional Use Permit No. 01-51/Variance No. 0 1- 13 shall not become effective until the ten
calendar day appeal period has elapsed.
2. Conditional Use Permit No. 0 1-5 1 /Variance No. 0 1- 13 shall become null and void unless
exercised within one year of the date of final approval, which is June 12, 2003 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. 01-51/
Variance No. 01-13, pursuant to a public hearing for revocation, if any violation of these
conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code
occurs.
4. The development shall comply with all applicable provisions of the Municipal Code, Building
Division, and Fire Department as well as applicable local, State and Federal Fire Codes,
Ordinances, and standards, except as noted herein.
5. Standard landscape code requirements apply (Chapter 232 of the Zoning and Subdivision
Ordinance). (PW)
6. The Water Ordinance #14.52, the "Water Efficient Landscape Requirements" apply for projects
with 2500 square feet of landscaping and larger. (PW)
7. All existing and new utilities shall be undergrounded. (PW)
8. All applicable Public Works fees shall be paid. (PW)
9. Traffic impact fees shall be paid at a rate of $123 per net new added daily trip. ($52,633) (PW)
10. An Encroachment Permit is required for all work within the City's right-of-way. (PW)
11. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to
the issuance of Building Permits.
12. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of
pp P g
Exemption at the County of Orange Clerk's Office. The check shall be made out to the County
ZA Minutes 6/12/02 19 (02=0612)
of Orange and submitted to the Planning Department within two (2) days of the Zoning
Administrator's action.
13. State -mandated school impact fees shall be paid prior to issuance of building permits. 0
14. 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.
15. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO.
Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable
permit(s) shall be obtained from the Planning Department. Violations of this ordinance
requirement may result in permit revocation, recovery of code enforcement costs, and removal of
installed signs.
16. A Certificate of Occupancy must be approved by the Planning Department and issued by the
Building and Safety Department prior to occupying the building.
17. Live entertainment or outdoor dining is not permitted unless a conditional use permit for this
specific use is reviewed and approved.
18. Alcoholic beverage sales are not allowed unless a conditional use permit for this particular use is
reviewed and approved.
19. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays
THE MEETING WAS ADJOURNED AT 3:40 PM BY THE ZONING ADMINISTRATOR TO
THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR
ON WEDNESDAY, JUNE 19, 2002 AT 1:30 PM,
Ma Beth oeren
Zoning Administrator
rmk
•
ZA Minutes 6/12/02 20 (02zm0612)