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HomeMy WebLinkAbout2002-08-21MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Rooms B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, AUGUST 21, 2002 - 1.30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Ron Santos, Robin Lugar (recording secretary) MINUTES: May 8, 2002 June 12 and 26, 2002 July 3 and 31, 2002 August 7, 2002 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO 02-30NARIANCE NO 02-08 (GOODMAN ®DEVELOPMENT — CONTINUED FROM THE AUGUST 7 2002 MEETING WITH THE PUBLIC HEARING OPEN) APPLICANT: Scott Goodman, 17032 Palmdale Street, Unit C, Huntington Beach, CA 92647 PROPERTY OWNER: Goodman Development, LLC, 17032 Palmdale Street, Unit C, Huntington Beach, CA 92647 REQUEST: CUP: To construct two detached single-family homes with the attached garages having a zero side yard setback on two vacant lots with a grade differential of 5'-0" between the high and low point on the lots. The request also includes construction on a substandard lot with a width of 22'-6" in lieu of 25 ft. (224 Joliet Avenue). VAR: To reduce the minimum side yard setback for a single family home from 3'-0" to 2'-6" (224 Joliet Avenue). The request also includes a reduction of the minimum side yard setback for architectural projections from 30 inches to 18 inches (224 Joliet Avenue). The entitlement request includes a review and analysis for compliance with the Infill Lot Ordinance. The Infill Lot Ordinance encourages adjacent property owners to review proposed development for compatibility/privacy issues such as window alignments, building pad height, and floor plan layout. LOCATION: 222 and 224 Joliet Avenue (south side of Joliet Avenue and west of Huntington Street) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans stating the purpose, location, zoning, and existing uses of the requested project. He also indicated that the applicant requested a change of project address originally stated in the narrative as 222 and 224 Joliet Avenue, to 220 and 222 Joliet Avenue. It was suggested by the Zoning Administrator to amend language related to architectural projections in the findings for approval. THE PUBLIC HEARING WAS OPENED. Scott Goodman, 17032 Palmdale Street, Unit C, applicant, was present to answer questions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Zoning Administrator identified for the record that one resident visited the Planning counter to inquire about this request. Staff also identified that nothing had been received in opposition to the proposed project. Ms. Broeren asked staff to modify the findings for the variance as follows: Finding No. 1: The granting of Variance No. 02-08 to allow a 2'-6" side yard setback adjacent to an alley in lieu of the 3'-0" side yard setback and to allow an eighteen (18) inch clearance between the fireplace • and the easterly side property line will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The reduction in side yard setback along an alley is requested because the City of Huntington Beach requires a 2'-6" dedication from the subject property in order to widen the adjacent alley from 15% 0" to 17'-6". This variance will not result in a special privilege because most other properties in the immediate vicinity are not adjacent to an alley along the side yard and would not be required to dedicate property in the same manner. Clearance along the westerly property line of 224 Joliet will be maintained by limiting the height of the block wall to forty-two (42") inches adjacent to the projecting fireplace. All other architectural projections will begin at a height of six (6) feet above grade. Finding No. 2: 2. Because of special circumstances applicable to the subject property, including size, 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 an identical zone classification. The variance is necessary because the side property line is adjacent to an alley which requires widening from 15'-0" feet to 17'-6". Dedication of 2'-6" from the subject property to widen the alley reduces the property owner's ability to construct a house of similar size and value as the surrounding development. Since the subject lot is only 25 feet wide prior to dedication, the loss of 2'-6" for alley widening substantially reduces the ability to construct a useable residence and maintain the required 3'-0" setback. The reduction in side yard setback and clearance between the fireplace and the easterly side property line allows the property owner to develop the property in accord with other single-family residences in the neighborhood. ZA Minutes 08/21/02 2 (02=0821) CONDITIONAL USE PERMIT NO. 02-30NARIANCE NO.02-08 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING REVISED 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 project consists of the development of less than three single family homes. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-30: 1. Conditional Use Permit No. 02-30 for the establishment, maintenance and operation of two detached single-family homes with the attached garages having a zero side yard setback on two vacant lots with a grade differential of 5'-0" between the high and low points on the lots and construction on a substandard lot with a width of 22'-6" in lieu of 25'-0" 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. A majority of the change in grade occurs at the rear of the property. The proposed single-family homes will remain at a constant grade and will be ® compatible with the surrounding development. The substandard lot located at 224 Joliet was created because the City of Huntington Beach requires a 2'-6" dedication from the subject property in order to widen the adjacent alley from 15'-0" to 17'-6". Approval of the conditional use permit will allow development of a substandard lot which would otherwise not be developable. Construction of the single-family homes will improve the aesthetics of the vacant properties and will potentially add value to the neighborhood. • 2. The conditional use permit will be compatible with surrounding uses because the residential medium density neighborhood is primarily developed with single family and multi -family residential units developed on the same grade. The two proposed three-story residences will be harmonious with other residential structures in the area in that building massing, height and width will be comparable with existing multi -story homes found in the immediate vicinity. The proposed retaining walls in the front yard setback are similar to those existing on properties along Joliet Street. The subject development will be consistent with the limitation imposed upon other properties in the immediate area. The proposed Conditional Use Permit No. 02-30 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located, except for the provision requiring development on a site with a minimum lot width of 25 feet and a variance request to deviate from the minimum side yard setback of 3'-0". ZA Minutes 08/21/02 3 (02zm0821) 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Medium Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Policy LU 9.1.2: Require that single family residential units be designed to convey a high level of quality and character. b. Policy LU 9.2.1: Require that all new residential development within existing residential neighborhoods (i.e., infill) be compatible with existing structures. c. Policy LU 9.2.1: Require that the use of building heights, grade elevations, orientation, and bulk are compatible with the surrounding developments. FINDINGS FOR APPROVAL - VARIANCE NO. 02-08: The granting of Variance No. 02-08 to allow a 2'-6" side yard setback adjacent to an alley in lieu of the 3'-0" side yard setback and to allow an eighteen (18) inch clearance between the fireplace and the easterly side property line will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The reduction in side yard setback along an alley is requested because the City of Huntington Beach requires a 2'-6" dedication from the subject property in order to widen the adjacent alley from 15'- 0" to 17'-6". This variance will not result in a special privilege because most other properties in the immediate vicinity are not adjacent to an alley along the side yard and would not be required to dedicate property in the same manner. Clearance along the westerly property line of 224 Joliet will be maintained by limiting the height of the block wall to forty-two (42") inches adjacent to the projecting fireplace. All other architectural projections will begin at a height of six (6) feet above grade. 2. Because of special circumstances applicable to the subject property, including size, 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 an identical zone classification. The variance is necessary because the side property line is adjacent to an alley which requires widening from 15'-0" feet to 17'-6". Dedication of 2'-6" from the subject property to widen the alley reduces the property owner's ability to construct a house of similar size and value as the surrounding development. Since the subject lot is only 25 feet wide prior to dedication, the loss of 2'-6" for alley widening substantially reduces the ability to construct a useable residence and maintain the required 3'-0" setback. The reduction in side yard setback and clearance between the fireplace and the easterly side property line allows the property owner to develop the property in accord with other single-family residences in the neighborhood. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The reduction in side yard setback allows the property owner to construct a single family home similar in size and shape as normally permitted on other 25-foot wide lots in the vicinity. 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 reduction in the side yard setback along an alley will ZA Minutes 08/21/02 4 (02zm0821) shall not vary by more than one (1) foot from the grades and elevations on the approved Conditional Use Permit. The following public improvements shall be shown on the plan: 1) Curb, gutter and sidewalk along the northerly frontage, per City Standard Plan Nos. 202 and 207. 2) An alley approach per City Standard Plan No. 210. 3) Pavement for half -width of existing alley plus pavement for 2.5-feet of additional alley dedication. 4) Sewer lateral for each lot. 5) Each dwelling unit shall have a new domestic water service and meter, installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The water shall be a minimum of 1-inch in size. 6) A separate backflow protection devices shall be installed, per Water Division standards for domestic water service. 7) The existing domestic water service and meter shall be abandoned per Water Division standards. b. A soils report, prepared by a Licensed Engineer shall be submitted for reference only. c. Block wall/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. 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. Prior to issuance of building permits, the following shall be completed: a. A separate water meter and backflow prevention device shall be provided for the irrigation system. (PW) b. Dedicate an additional 2.5-feet of public alley right-of-way along the southerly property line for 222 Joliet. c. Dedicate an additional 2.5-feet of public alley right-of-way along the southerly and easterly property lines for 224 Joliet. d. All landscape planting, irrigation and maintenance shall comply with the city arboricultural and landscaping standards and specifications. ZA Minutes 08/21/02 6 (02zm0821) not create a detriment to other properties in the neighborhood because the building encroachment into the setback area is adjacent to a public alley rather than adjacent to another residence. The side yard setback on the interior property line adjacent to a residential property complies with the zoning code setback standards. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of RMH-25-d (Medium High Density Residential - 25 units per acre - Design Overlay) on the subject property because single-family residences are permitted on 25-foot wide lots in this area. In addition, the variance for side yard setback along an alley does not conflict with any of General Plan goals and policies that encourage a variety of residential development and projects of high quality architectural design. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-30NARIANCE NO. 02-08: 1. The site plan, floor plans and elevations received and dated July 9, 2002, shall be the conceptually approved layout with the following modifications: a. The site plan shall modified to be consistent with the grading plan received and dated on August 8, 2002. b. For the first thirty-one (31) feet of the property located at 224 Joliet, the block wall abutting the alley shall be limited in height to forty two (42") inches. c. The architectural projection located on the eastern elevation of 224 Joliet shall begin at a Is height of six (6) feet above grade. d. The lot coverage for 222 Joliet shall be reduced to fifty (50%) percent to comply with the Huntington Beach Zoning and Subdivision Ordinance. (Code Requirement) e. The maximum separation between building wall and property line shall not exceed two (2) inches. Buildings designed to be located near to property line(s) must have their exterior wall adjacent to the property line(s) designed for 2" maximum out of plane displacement resulting from prescribed lateral forces specified by the Uniform Building Code. Maintenance agreement may be required. (B&S) f. In the front 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. (Code Requirement) g. The first floor dining room window located at 222 Joliet shall be off -set from the windows on the existing single family residence to the west. The window shall be removed or placed higher on the building elevation. 2. 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. Final grades and elevations on the grading plan 0 ZA Minutes 08/21/02 5 (02zm0821) e. 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. f. An automatic fire sprinkler system shall be installed throughout 224. For Fire Department approval, Plans shall be submitted to the building department as separate plans for permits. 5. The structures cannot be occupied, the final building permits cannot be approved, and utilities cannot be released for the residential units until the following has been completed: a. All improvements as shown on the grading plan are completed. 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) 6. 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 work plan modified accordingly. 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) 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. Construction equipment shall be maintained in peak operating condition to reduce emissions. ZA Minutes 08/21/02 7 (02=0821) j. Use low sulfur (0.5%) fuel by weight for construction equipment. k. Truck idling shall be prohibited for periods longer than 10 minutes. • 1. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. in. Discontinue operation during second stage smog alerts. n. 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. o. 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) 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning • Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 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 REQUIREMENTS: 1. Conditional Use Permit No. 02-30/Variance No. 02-08 shall not become effective until the ten - calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-30/Variance No. 02-08 shall become null and void unless exercised within one year of the date of final approval which is August 21, 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. 02- 30/Variance No. 02-08, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. • ZA Minutes 08/21/02 8 (02=0821) 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. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 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. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 8. State -mandated school impact fees shall be paid prior to issuance of building permits. 9. Standard landscape code requirements apply (Chapter 232 of the Zoning and Subdivision Ordinance). 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. An encroachment permit shall be required for all work within the right-of-way. (PW) 11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. ITEM 2: CONDITIONAL USE PERMIT NO. 02-16 (AT&T WIRELESS — CONTINUED FROM THE DULY 3, 2002 MEETING AT THE APPLICANT'S REQUEST WITH THE PUBLIC HEARING OPEN) APPLICANT: William Bennett, AT&T Wireless, 2301 Dupont Drive, Ste 200, Irvine, CA 92612 PROPERTY OWNER: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To permit an existing wireless communication facility at a height of fifty-seven (57) ft. in lieu of the maximum height requirement of fifty (50) feet. The entitlement includes a request to co -locate a second wireless communication facility consisting of three (3) flush -mounted antennas on the existing monopole at a height of thirty-seven (37) ft. and install four (4) equipment cabinets at its base. LOCATION: 3831 Warner Avenue (north side of Warner Avenue and east of Pacific ® Coast Highway, Warner Fire Station) PROJECT PLANNER: Rami Talleh ZA Minutes 08/21/02 9 (02zm0821) Rami Talleh, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. He also identified documentation received on June 27, 2002 from • Bluewater Lane residents Keith Gladieux, Jean Duncan and Bob Anderson, suggesting additional landscaping to obscure monopole visibility. Staff identified the Design Review Board's modified conditions of approval, specifically a change in encasement height of 35', and to stealth the entire facility. Staff disclosed that a phone call was received from Keith Gladieux with various inquiries. Staff distributed modifications and additions to the suggested findings and conditions of approval as follows: Revise Finding _No. 1 Revise Condition No. 2.b Add new Condition No. 3. a, b and c Revise Condition No. 3.e Revise Condition No. 4.a Add new Condition No. 5, 5.b, c, d, and e Add new Condition No. 6 Add new Condition No. 7 Add new Condition No. 8 Add new Condition No. 9 • Add new Specific Code Requirement No. 11 Staff stated that the above revisions reflect the new wireless communications facilities ordinance, which are standard code requirements. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report, and with the revisions to the staff report as stated above. Mary Beth Broeren, Zoning Administrator, stated that she read the letter received on June 27, 2002, and received a telephone call from the person who wrote the letter. THE PUBLIC HEARING WAS OPENED. William Bennett, AT&T Wireless, applicant, was available to answer questions, and accepts all recommendations made by staff and the Design Review Board. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Zoning Administrator asked if the monopole would be located in the Percy Dock parking area. Staff replied yes. The Zoning Administrator stated that the City does not own the property, but has an easement that • allows full surface rights. ZA Minutes 08/21/02 10 (02zm0821) The Zoning Administrator informed the applicant that the City is currently involved in a lawsuit that ® involves the subject property, and although it would probably have no bearing on the applicant's request, the applicant should be informed. The Zoning Administrator asked the applicant about adding additional landscaping as suggested by Bluewater Lane residents. The applicant replied that the existing crowded landscaping and underground irrigation prohibits adding additional landscaping. The Zoning Administrator asked if the subject property was located within the Coastal Zone. Staff confirmed, but explained that at the time the applicant filed for entitlement, a Coastal Development Permit was exempt because the requested change is less than 10 percent of the internal floor area. Ms. Broeren stated that she was going to approve the request with the revised findings and conditions as recommended by staff. CONDITIONAL USE PERMIT NO.02-16 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING REVISED FINDINGS AND REVISED CONDITIONS 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 project consists of minor alteration to an existing facility. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.02-16: Conditional Use Permit No. 02-16 to establish, maintain and operate a wireless communication facility that is fifty-seven (57) feet high and adding three (3) flush -mounted antennas co -located at a height of thirty-seven (37) ft on the existing nonconforming monopole that is fifty-seven (57) feet high, seven (7) feet over the maximum allowed height, including four (4) equipment cabinets at its base 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 wireless communication facility was constructed in 1992 at the existing height of fifty-seven (57) feet, the alterations to the facility will not increase the overall height or expand the floor area more than ten (10%) percent. The facility will not generate noise, traffic or other impacts detrimental to the surrounding property. The co -located antennas will be screened by an encasement, which will reduce the visual impacts associated with the co -located antennas. 2. The conditional use permit will be compatible with surrounding uses because existing wireless communication facility will be located within a public parking lot adjacent to a similar facility of the same height. The facility is screened by natural vegetation consisting of palm trees and other ® tall vegetation. The collocated antennas will be located at a height of thirty-seven (37) feet and concealed with an encasement painted to match the existing monopole. ZA Minutes 08/21/02 11 (02zm0821) The proposed Conditional Use Permit No. 02-16 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The Huntington Beach Zoning and Subdivision Ordinance permits wireless communication facilities to exceed the zoning district height limit with approval of 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 PS -CZ (Public Semipublic — Coastal Zone) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure and public services. b. U 5.1: Ensure that adequate natural gas, telecommunications and electrical systems are provided. c. U 5.1.1: Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. The proposed facility will improve wireless communications in the community by providing greater coverage. In addition, the proposed "co -location" will minimize visual impacts by reducing the number of antenna structures needed in the City. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-16: 1. The site plan, floor plans and elevations received and dated March 15, 2002, shall be the conceptually approved layout with the following modifications: a. The antenna panels shall be concealed by a four (4) foot long encasement with a diameter of no more the two (2) feet wider than the diameter of the wireless communication facility where the collocated antennas will be mounted. 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. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. The applicant shall submit the following information to the Police Department for review: (Code Requirement) i. All transmit and receive frequencies; ii. Effective Radiated Power (ERP); ZA Minutes 08/21/02 12 (02=0821) iii. Antenna height above ground; and 0 iv. Antenna pattern, both horizontal and vertical (E Plane and H Plane). b. The applicant shall provide a recorded copy of the Memorandum of Lease between the property owner and the applicant. (Code Requirement) c. Acceptance of conditions of approval contained herein by the applicant/ facility operator and property owner shall be ensured by recordation of the conditions on the property title. Proof of recordation shall be submitted to the Planning Department. (Code Requirement) d. Landscape Construction plans shall be submitted for review and approval by the Public Works Department. The plans shall show the replacement and repair to the existing planting areas that will be altered with the new underground utilities within the five foot wide easement. (PW) e. The applicant shall provide a single point of contact (including name and phone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. (Code Requirement) 4. The final building permit(s) cannot be approved, and utilities cannot be released until the following has been completed: a. The applicant shall submit to the Planning Department a post -installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. ® This test will be conducted by the Communications Division of the Orange County Sheriffs Department or Division -approved contractor at the expense of the applicant. (Code Requirement) b. Fire extinguishers shall be installed and located in areas to comply with HBFC standards found in City Specification No. 424 — Portable Fire Extinguishers. (FD) c. Address numbers shall be installed to comply with City Specification No. 428 — Premise Identification. (FD) d. The applicant shall disclose to the fire department any chemicals or known hazardous materials to include battery banks, oil filled capacitors, etc. (FD) 5. The use shall comply with the following: a. At all times, other than during the 24-hour cure period, the applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz radio frequency. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. Failure to cease such operation shall result in automatic suspension of this permit. b. To ensure the structural integrity of wireless communication facilities, the owner(s) of the proposed facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are ® published by the Electronic Industries Association, as amended from time to time. (Code Requirement) ZA Minutes 08/21/02 13 (02zm0821) c. The property owner shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the property owner to comply. (Code Requirement) d. All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti -graffiti coating. (Code Requirement) e. The facility shall not bear any signs or advertising devices other than certification, warning, or other required seals of signage. (Code Requirement) 6. Within thirty (30) days of cessation of operation of the proposed wireless communications facility, the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned, pursuant to the provisions of HBZSO Sec. 230.96, unless: (Code Requirement) a. The City has determined that the operator has resumed operation of the wireless communication facility within six (6) months of the notice; or b. The City has received written notification of a transfer of wireless communication operators. 7. If the facility is inoperative or unused for a period of six (6) continuous months it shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. (Code Requirement) 8. The operator of the facility and the owners(s) of the property on which it is located shall within thirty (30) days after notice of abandonment is given either (1) remove the facility and restore the premises, or (2) provide the Planning Department with written abjection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. (Code Requirement) 9. At any time after thirty-one (31) days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable, the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. (Code Requirement) 10. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until ZA Minutes 08/21/02 14 (02zm0821) 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 REOUIREMENTS: 1. Conditional Use Permit No. 02-16 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-16 shall become null and void unless exercised within one year of the date of final approval which is August 21, 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. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 02-16, 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. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 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. Prior to issuance of Building Permits for new construction in the Coastal Zone, a Categorical Exclusion fee shall be paid. 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. An encroachment permit shall be required for all work within the right-of-way. (PW) ® 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays ZA Minutes 08/21/02 15 (02zm0821) 11. All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. • ITEM 3: CONDITIONAL USE PERMIT NO 02-35 (CURVES FOR WOMEN APPLICANT: Andrea Thomas, 4051 Larwin Avenue, Cypress, CA 90630 PROPERTY OWNER: L.C. Smull, Trustee, 17631 Fitch, Irvine, CA 92614 REQUEST: To permit a personal enrichment use consisting of a fitness studio (Curves for Women) to occupy a 1,380 sq. ft. suite. The proposal includes a 19-space parking reduction based on a joint use parking analysis within an existing 70,835 sq. ft. shopping center. The request includes a review and analysis of compatibility issues pursuant to the City's Limited Notification Standards. LOCATION: 9120 Adams Avenue (southeast corner of Adams Avenue and Brookhurst Street) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. He also indicated that the applicant provided a parking analysis done in 1998 on the subject shopping center. Staff identified revisions to the conditions of approval as follows: • Condition No. 2.b: b. The applicant shall obtain signatures of all business owners within the shopping center in the form of a document affirming their respective hours of operation. This document shall be signed by the property owner, the applicant's signature shall be notarized, and a copy of the document shall be provided to the Planning Department for inclusion in the entitlement file and recorded in the office of the county recorder. The Zoning Administrator asked staff the correct future parking space deficit number, and, if the proposed Jiffy Lube parking spaces were taken into account. Staff replied 18 and no. Staff identified one call received in favor of the proposed request. THE PUBLIC HEARING WAS OPENED. Andrea Thomas, 4051 Larwin Avenue, Cypress, applicant, was available to answer questions. Brenden Smith, representing the property owner, voiced concerns about condition 3b stating that tenants are responsible for notifying the City when they make a change to their hours of operation, due to joint tenant agreements. The Zoning Administrator suggested the condition be changed to include the property owner as the responsible party. 0 Mr. Smith also inquired about condition 3c. ZA Minutes 08/21/02 16 (02=0821) Discussion ensued regarding how parking requirements are calculated when businesses are involved in IV a joint tenant parking agreement. The Zoning Administrator identified the hours of operation for the proposed request and suggested that the applicant's original request to close during the hours of 12:00 p.m. and 5:00 p.m. remain due to parking restrictions. The Zoning Administrator identified a change in language for condition 2b to include information on the County Recorder's office. The Zoning Administrator suggested revising condition 3b to include the property owner as a responsible party when notifying the City of any changes. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Zoning Administrator stated that she was going to approve the request with stair's suggested modification to condition 2b and with modifications to the findings and conditions as follows: Finding No. 1: Conditional Use Permit No. 02-35 for the establishment, maintenance and operation of the personal enrichment use consisting of a fitness studio to occupy a 1,380 sq. ft. suite including a 18-space parking reduction based on a joint use parking analysis within an existing 70,835 sq. ft. 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. There will be adequate parking for the use based on the varied hours of operation for existing businesses within the subject shopping center. Condition No. 2.b: b. The applicant shall obtain signatures of all business owners within the shopping center in the form of a document affirming their respective hours of operation. This document shall be signed by the property owner, the applicant's signature shall be notarized, and a copy of the document shall be provided to the Planning Department for inclusion in the entitlement file and recorded in the office of the county recorder. Condition No. 3.b: b. Upon request by the Planning Department, the applicant and/or property owner shall provide notification of any changes in use of tenants within the shopping center or changes in hours of operation, and provide a detailed parking analysis indicating the revised number of parking spaces available for the subject use. Based upon future changes in occupancy and hours of operation within the commercial center, and as indicated in a detailed parking analysis, the Planning Department reserves the right to amend the maximum class size based on available parking in the center, upon a 30-day notice to the applicant. ZA Minutes 08/21/02 17 (02zm0821) Condition No. 3.c: c. The hours of operation shall be limited to those hours as specified in the narrative (7:30 a.m. to is 12:00 p.m. and 4:00 p.m. to 7:00 p.m.) received and dated July 2, 2002, seven days a week, however, between the hours of 12:00 p.m. and 5:00 p.m. the maximum number of participants within the facility shall be limited to seven (7) people. CONDITIONAL USE PERMIT NO.02-35 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the proposed business will occupy a commercial suite within an existing commercial shopping center. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.02-35: Conditional Use Permit No. 02-35 for the establishment, maintenance and operation of the personal enrichment use consisting of a fitness studio to occupy a 1,380 sq. ft. suite including a 18- space parking reduction based on a joint use parking analysis within an existing 70,835 sq. ft. 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. There will be adequate parking for the use based on the varied hours of operation for existing businesses within the subject shopping center. 2. The conditional use permit will be compatible with surrounding uses in that similar personal enrichment facilities are located in the shopping center. Ample parking for the proposed fitness studio is available during the proposed hours of operation because the other businesses within the center operate at varied hours. In addition, the existing shopping center has all of the necessary facilities to accommodate the proposed use. 3. The proposed Conditional Use Permit No. 02-35 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 parking reduction requested under the conditional use permit. The fitness studio will be located within an existing commercial center which conforms to setbacks, building heights, and landscaping requirements applicable to the General Commercial (CG) zoning designation. • ZA Minutes 08/21/02 18 (02=0821) 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, and capitalize on Huntington Beach's recreational resources (LU 10.1) b. Encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market area (ED 2.4.3) The proposed fitness studio will market its services to local residents and residents in the surrounding region thereby expanding the service -based commercial opportunities in the City. It will be located in an existing retail shopping center, which includes existing service related uses. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-35: 1. The site plan, floor plans, and elevations received and dated July 7, 2002, shall be the conceptually approved layout. 2. Prior to issuance of a Certificate of Occupancy the following shall be completed: ® a. The parking lot striping shall be completed as approved under Conditional Use Permit No. 98- 89 and consistent with the site plan received and dated July 7, 2002. b. The applicant shall obtain signatures of all business owners within the shopping center in the form of a document affirming their respective hours of operation. This document shall be signed by the property owner, the applicant's signature shall be notarized, and a copy of the document shall be provided to the Planning Department for inclusion in the entitlement file and recorded in the office of the county recorder. 3. The use shall comply with the following: a. The personal enrichment use shall be confined to operation only in the instruction area as indicated on the floor plan. b. Upon request by the Planning Department, the applicant and/or property owner shall provide notification of any changes in use of tenants within the shopping center or changes in hours of operation, and provide a detailed parking analysis indicating the revised number of parking spaces available for the subject use. Based upon future changes in occupancy and hours of operation within the commercial center, and as indicated in a detailed parking analysis, the Planning Department reserves the right to amend the maximum class size based on available parking in the center, upon a 30-day notice to the applicant. c. The hours of operation shall be limited to those hours as specified in the narrative (7:30 a.m. to 12:00 p.m. and 4:00 p.m. to 7:00 p.m.) received and dated July 2, 2002, seven days a week, however, between the hours of 12:00 p.m. and 5:00 p.m. the maximum number of participants ® within the facility shall be limited to seven (7) people. ZA Minutes 08/21/02 19 (02zm0821) 4. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the 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 REOUIREMENTS: 1. Conditional Use Permit No. 02-35 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-35 shall become null and void unless exercised within one year of the date of final approval, which is August 21, 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. 02-35, 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. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 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 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. 8. A Certificate of Occupancy must be approved by the Planning Department and issued by the • Building and Safety Department prior to occupying the building. ZA Minutes 08/21/02 20 (02zm0821) ITEM 4: CONDITIONAL USE PERMIT NO. 02-32 (HAMILTON AVENUE WIRELESS COMMUNICATIONS FACILITY) APPLICANT: Joe Thompson, 17870 Skypark Circle, Suite 102, Irvine, CA 92614 PROPERTY OWNER: Southern California Edison, 2244 Walnut Grove Avenue, Rosemead, CA 91770 REQUEST: To install a wireless communications facility consisting of 12 antennas on an existing Southern California Edison tower and a 240 sq. ft. equipment enclosure located adjacent to the tower. LOCATION: SCE right-of-way (north side of Hamilton Avenue, west of Magnolia Street) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff stated that the Design Review Board reviewed and recommended approval of the proposed project. Staff recommended deletion of conditions no. La, Lb and Lc, and recommended revising Condition No. 1 as follows: Condition No. 1: The site plan, floor plans and elevations received and dated August 19, 2002, shall be the conceptually approved layout with the following modifications: Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report, and with the modifications to the suggested conditions of approval as recommended above. Staff stated that one telephone call was received from a nearby resident in opposition to the request based upon aesthetic concerns. No other written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. James Larkin, 21332 Bradbury, neighboring property owner, raised questions concerning stability, static interference and night lighting for aircraft. Mr. Larkin approached and reviewed the plans and placement for the microwave dish. Joe Thompson, 17870 Skypark Circle, Suite 102, Irvine, applicant, requested clarification of Condition No. 3.b. Mary Beth Broeren, Zoning Administrator, responded to Mr. Larkin's questions and addressed the methane safety measures regulated by the Federal Communications Commission. ® THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes 08/21/02 21 (02=0821) Ms. Broeren stated that she was going to approve the request with modifications to the conditions of approval as recommended by staff. is CONDITIONAL USE PERMIT 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 APPROVAL - CONDITIONAL USE PERMIT NO. 02-32: 1. Conditional Use Permit No. 02-29 to install a wireless communications facility consisting of antennas attached to an existing Southern California Edison tower and an approximately 200 sq. ft. equipment enclosure located at grade, under the tower 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 facility will not generate noise, traffic, demand for additional parking or other impacts detrimental to surrounding property. 2. Conditional Use Permit No. 02-29 will be compatible with surrounding uses because the proposed facility will be located on and adjacent to existing Southern California Edison transmission towers, on an existing SCE right-of-way. The design of the facility, which features antennas painted to match the tower to which it is attached, and an equipment shelter constructed of decorative masonry with a tiled roof, will ensure sure the compatibility of the proposed facility with • surrounding uses. 3. Conditional Use Permit No. 02-29, as conditioned, 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, including the provisions of HBZSO Section 230.94 — Wireless Communications Facilities. 4. The granting of the conditional use permit, as conditioned, will not adversely affect the General Plan. It is consistent with the Land Use Element designation of RA (Residential Agriculture) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: L.U. 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure and public services. U.D. 2.2: Minimize the visual impacts of oil production facilities and other utilities where they encroach upon view corridors or are visually incompatible with their surrounding uses. U. 5.1: Ensure that adequate natural gas, telecommunications and electrical systems are provided. U. 5.1.1: Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. • ZA Minutes 08/21/02 22 (02zm0821) The proposed facility will enhance wireless communications in the community by improving signal transmission and reception in the project vicinity. In addition, the proposed co -location of antennas with an existing transmission tower, and the use of decorative masonry and a tiled roof to screen equipment cabinets, will minimize the project's visual impacts. 5. 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 the installation of a small new facility and associated equipment. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-32: 1. The site plan, floor plans and elevations received and dated August 19, 2002, shall be the conceptually approved layout with the following modifications: a. 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. 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. All Fire Department requirements shall be noted on the building plans. (FD) • 3. Prior to issuance of building permits, the following shall be completed: a. The applicant shall submit the following information to the Police Department for review: (Code Requirement) V. All transmit and receive frequencies; vi. Effective Radiated Power (ERP); vii. Antenna height above ground; and viii. Antenna pattern, both horizontal and vertical (E Plane and H Plane). b. The applicant shall submit a site plan identifying and detailing all methane safety measures per City Specification #429 — Methane District Building Permit Requirements for review and approval by the Fire Department. Methane related details shall be on a separate sheet titled "Methane Plan". Required safety measures are classified electrical, methane barrier, and a soil gas collection system. c. The applicant shall provide a recorded copy of the Memorandum of Lease between the property owner and the applicant. (Code Requirement) ZA Minutes 08/21/02 23 (02zm0821) d. Acceptance of conditions of approval contained herein by the applicant/ facility operator and property owner shall be ensured by recordation of the conditions on the property title. Proof of recordation shall be submitted to the Planning Department. (Code Requirement) e. Contractor shall call Dig -Alert prior to any trenching. (PW) 4. The final building permit(s) shall not be approved and the use shall not commence until the following has been completed: 5. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification #424 — Portable Fire Extinguishers. (FD) a. Address numbers shall be installed to comply with City Specification #428 —Premise Identification. (FD) b. All hazardous materials shall be disclosed to the Huntington Beach Fire 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. d. The applicant/ facility operator shall provide to the Planning Department a single point of contact (including name and telephone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. (Code Requirement) e. Before activating its facility, the applicant/ facility operator shall submit to the Police and Fire Departments a post -installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the - Orange County Sheriffs Department or Division -approved contractor at the expense of the applicant shall conduct this test. This post -installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. (Code Requirement) f. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 5. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. 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) b. The construction disturbance area shall be kept as small as possible. c. 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) 6. The use shall comply with the following: • a. The existing landscaping shall be maintained, if any of the landscaping is damaged during installation and/or removal of the equipment, the City's Landscape Architect shall be notified. ZA Minutes 08/21/02 24 (02=0821) b. To ensure the structural integrity of wireless communication facilities, the owner(s) of the proposed facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. (Code Requirement) c. At all times, other than during the 24-hour cure period, the applicant/ facility operator shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. (Code Requirement) d. The property owner shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the property owner to comply. (Code Requirement) e. All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti -graffiti coating. (Code Requirement) f. The facility shall not bear any signs or advertising devices other than certification, warning, or other required seals of signage. (Code Requirement) 7. Within thirty (30) days of cessation of operation of the proposed wireless communications facility, the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned, pursuant to the provisions of HBZSO Sec. 230.96, unless: (Code Requirement) a. The City has determined that the operator has resumed operation of the wireless communication facility within six (6) months of the notice; or b. The City has received written notification of a transfer of wireless communication operators. 8. If the facility is inoperative or unused for a period of six (6) continuous months it shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. (Code Requirement) 9. The operator of the facility and the owners(s) of the property on which it is located shall within thirty (30) days after notice of abandonment is given either (1) remove the facility and restore the premises, or (2) provide the Planning Department with written objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. (Code Requirement) ® 10. At any time after thirty-one (31) days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable, the City may remove the ZA Minutes 08/21/02 25 (02=0821) abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City, s use, sell it, or dispose of it in any manner deemed appropriate by the City. (Code Requirement) 11. 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. 12. 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. 13. This Conditional Use Permit No. 02-29 shall not become effective until Section 230.96 of the Huntington Beach Zoning And Subdivision Ordinance — Wireless Communications Facilities, has been approved by the City Council, and is in effect. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Conditional Use Permit No. 02-32 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-32 shall become null and void unless exercised within one year of the date of final approval which is August 21, 2002, 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. 02-32, 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. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 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 Count ZA Minutes 08/21/02 26 (02=0821) 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. 8. An encroachment permit shall be required for all work within the right-of-way. (PW) 9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 10. All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. THE MEETING WAS ADJOURNED AT 2:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, AUGUST 28, 2002 AT 1:30 PM. 1 Maryeth roeren Zoning Administrator rl ZA Minutes 08/21/02 27 (02zm0821)