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HomeMy WebLinkAbout2002-12-11E f 0 0 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DECEMBER 11, 2002 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: November 13, 2002 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1 • CONDITIONAL USE PERMIT NO. 02-36 (HUNTINGTON HONDA MOTORCYCLE DEALERSHIP APPLICANT: John E. Wells, 2082 SE Bristol Street, Suite 216, Newport Beach, CA 92660 PROPERTY OWNER: Seaside Ranchos and Bonnie Doone, LLC, 1442 Irvine Boulevard, Suite 205, Tustin, CA 92780 REQUEST: To construct an 8,276 sq. ft. building for Huntington Honda Motorcycle Dealership on a 29,665 sq. ft. lot. The application includes a request for three (3) compact parking spaces (totaling 11% of on -site parking) and an outdoor display area along Beach Boulevard. The proposed operation includes the sales, service, and repair of motorcycle and personal watercraft and the sales of parts and accessories. LOCATION: 17555 Beach Boulevard (west side of Beach Boulevard and south of Slater Avenue) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans, elevations and photographs stating the purpose, location, zoning, and existing uses of the requested project. Staff corrected the notice stating that the application includes a request for five (5) compact parking spaces and recommended modifying Finding No. 1 of the staff report. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the staff . report. Staff stated that the Design Review Board has reviewed the proposed project. Staff recommending the following modifications to the suggested conditions of approval: 2.h 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 avoided to the greatest extent feasible. Applicant shall coordinate with adjacent property owners and make reasonable attempts to construct one common property wall. If coordination between property owners cannot be accomplished, the applicant shall construct an eight (8) foot high wall located entirely within the subject property and with a maximum two (2) inch separation from the property line. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls located on the subject property. Any removal of walls on private residential property and construction of new common walls shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. 5.m Signs shall be posted within the service bays indicating that the bay doors shall be closed when air tools are in use. 5.n Signs shall be posted in loading areas informing all employees and persons providing services for Huntington Honda Motorcycle Dealership to be considerate of those residing in the vicinity. 5.o A store liaison shall be permanently established and available to assist neighbors and residents with issues regarding the site during construction and after completion of the project when the development is open for business. A sign shall be posted on -site both during construction and when the development is open for business identifying the store contact and telephone number. 7.i Air tools shall not exceed 75 dBA at a distance of twenty-five (25) feet from the westerly property line. 7.j Two of the three bay days shall be closed when air tools are used. 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 as recommended above. Staff stated that an inquiry was received from a neighboring property owner concerning noise and the structural integrity of the block wall. No other written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, reviewed the plans and elevations with staff. • ZA Minutes 12/11/02 2 (02zm1211) ® THE PUBLIC HEARING WAS OPENED. Randy MacLeod, 7850 Slater Avenue, neighboring property owner, voiced concern regarding the relative noise and questioned the level of decibels. Mr. MacLeod stated that the block wall as set forth in the staff report is on his property, and stated that he has not given permission for any changes to the wall. Tom Dolley, 1442 Irvine Boulevard, Tustin, representing the applicant, addressed the noise study, the block wall, and Condition No. 2.a.(4). Peggy MacLeod, 7850 Slater Avenue, neighboring property owner, requested clarification concerning the block wall. Roger Smith, 7911 Warner Avenue, representing Huntington Honda Motorcycle Dealership, spoke on behalf of the proposed project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren and staff discussed the noise study as related to the City's municipal code and as dictated by the California Environmental Quality Act. Further discussion ensued concerning staff s intent in conditioning an eight -foot high wall as suggested in the conditions of approval. Ms. Broeren stated that she was going to approve the request with the modifications to the staff report as recommended by staff above. CONDITIONAL USE PERMIT NO. 02-36 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15332 of the CEQA Guidelines, because the project is an In -Fill Development on a lot which does not exceed five (5) acres in size. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-36: 1. Conditional Use Permit No. 02-36 for the establishment, maintenance and operation of an 8,276 sq. ft. building for Huntington Honda Motorcycle Dealership on a 29,665 sq. ft. lot and the provision of five (5) compact parking spaces (totaling 11% of on -site parking) and an ® outdoor display area along Beach Boulevard will not be detrimental to the general welfare of ZA Minutes 12/11/02 3 (02zm1211) persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The motorcycle dealership is proposed along Beach • Boulevard, a major arterial highway and commercial corridor. The structure will be setback fifty-five (55) feet from the mobile home park to the west and will be conditioned to provide an eight (8) foot high block wall and ten (10) foot wide landscaped planter along the westerly property line to provide adequate buffers. The motorcycle repair will be conducted entirely within the building. The roll up doors will be conditioned to be closed during peak usage. No exterior public address system will be permitted. 2. The conditional use permit will be compatible with surrounding uses because an existing auto dealership is located to the north, other surrounding properties along Beach Boulevard consist of automotive related businesses, and the residential uses to the west will be buffered by a fifty-five (55) foot setback with a ten (10) foot wide landscaped planter and eight (8) foot high block wall along the westerly property line. 3. The proposed Conditional Use Permit No. 02-36 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. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG-F1 (General Commercial — 0.35 FAR.), Subarea G. The proposed project is consistent with this designation and the goals and objectives of the City's General Plan as follows: • LU 10.1 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 residences, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. LU 10.1.12 Require that Commercial General uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including the consideration of incorporation of site landscape, particularly along street frontages and in parking lots. ED 2.4.3 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. The application allows for the establishment of a new full service motorcycle dealer within the City. The lot will provide the opportunity for motorcycle sales display, and repair without impacting surrounding uses. The design of the lot will be compatible with other dealerships in the area by providing sufficient landscaping along the street frontage and within the parking area. r� ZA Minutes 12/11/02 4 (02zm1211) n CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-36: 1. The site plan, floor plans and elevations received and dated November 12, 2002 shall be the conceptually approved layout with the following modifications: a. Elevations shall be revised for consistency with plans and elevations approved by the Design Review Board on November 14, 2002 and maintained in case file DRB No. 02-38. b. The planter along the westerly property line shall be increased in width from five (5) feet with a two (2) foot overhang for parking stalls to eight (8) feet with a two (2) foot overhang (total width of 10 feet). c. The block wall along the westerly property line shall be increased from six (6) feet in height to eight (8) feet in height. d. The windows located on west elevation shall be evenly spaced out along the entire length of the building. e. Two tree wells with trees shall be placed within the customer terrace along Beach Boulevard at the northern and southern ends of the terrace. f. Potted plants shall be placed within the customer terrace along the 25 foot front yard setback line in groups of five (5) to ten (10) feet in length with five (5) foot openings to distinguish between the outdoor display area and the required 25 foot landscaped setback. No display of motorcycles shall occur within the twenty-five foot landscaped setback. g. The chain link fence along the northerly property line shall be removed and may be replaced with a wrought iron fence. h. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) 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) 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 ZA Minutes 12/11/02 5 (02zm1211) plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) • k. 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. 1. The driveway entrances shall have textured and colored pavement (behind sidewalk on private property) for a depth of 20 ft. 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 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 Beach Boulevard and Speer Avenue frontages, per City Standard Plan Nos. 202 and 207. 2) The existing driveway on Beach Boulevard and Speer Avenue shall be removed and replaced with ADA compliant per City Standard Plan No. 209 or 211. 3) An ADA compliant access ramp at the northwest corner of Beach and Speer. 4) Pavement for half -width of Speer Avenue. 5) Sewer lateral. 6) A new domestic water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The water service shall be a minimum of 2-inches n size. 7) A new separate irrigation water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements of the California Plumbing Code (CPC). The irrigation water service shall be a minimum of 2-inches in size. 8) 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). 9) Since the trash container area will be associated with motor vehicle repair and maintenance, it shall be drained to a water quality inlet, engineered infiltration or filtration system, or an equally effective alternative. The same requirements are applicable to the self-contained wash down/steam cleaning area and any other areas where maintenance/repair/material processing activities occur. b. 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) 0 ZA Minutes 12/11/02 6 (02zm1211) ® c. A detailed soils report shall be prepared by a Licensed engineer and shall be submitted for reference only. (PW) d. 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 e. 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 (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. f. At least 30 days prior to any grading activity, notification to all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule shall be completed. g. 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) h. 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 avoided to the greatest extent feasible. Applicant shall coordinate with adjacent property owners and make reasonable attempts to construct one common property wall. If coordination between property owners cannot be accomplished, the applicant shall construct an eight (8) foot high wall located entirely within the subject property and with a maximum two (2) inch separation from the property line. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls located ZA Minutes 12/11/02 7 (02=1211) on the subject property. Any removal of walls on private residential property and construction of new common walls 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. 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. 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. Reclaimed water shall be used for the irrigation system. (PW) c. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. d. 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) e. To Maintain required emergency access and site safety during project construction phases, submit a Fire Protection Plan in compliance with City Specification No 426 — Fire Safety Requirements for Construction Sites. (FD) f. The subject property shall provide an irrevocable offer to dedicate, between the subject site and adjacent northerly properties. The location and width of the accessway shall be reviewed and approved by the Planning Department and Public Works Department. The subject property owner shall be responsible for making necessary improvements to ZA Minutes 12/11/02 8 (02=1211) • implement the reciprocal driveway. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval. A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. The recorded agreement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. A site plan depicting future improvements to provide reciprocal access shall accompany the agreement (Code Requirement) g. A gated entryway (access control devices) plan shall be submitted to the Planning Department. The gated entryway shall comply with Fire Department Standard No. 403. In addition, the gated entryway plan shall be reviewed by the United States Postal Service. Prior to the installation of any gates, such plan shall be reviewed- and -approved .by, the Planning, Fire and Public Works Departments. 5. The structure cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released until the following has been completed: a. Complete all improvements as shown on the approved grading plans. (PW) b. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to the final landscape inspection and approval, (PW) c. Applicant shall provide the City with Microfilm copies (in City format) and CD (AutoCAD only) copy of complete City approved landscape construction drawings as stamped "Permanent File Copy" prior to starting landscape work. Copies shall be given to the City Landscape Architect for permanent City record. (PW) d. Automatic sprinkler systems shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) f. Fire access roads shall be provided in compliance with Fire Dept. City Specification 401. Include the Circulation Plan and dimensions of all access roads. Fire lanes will be designated and posted to comply with Fire Dept. City Specification No. 415. 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) g. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) ZA Minutes 12/11/02 9 (02=1211) h. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following (FD): a) manual pulls; b) water flow, valve tamper and trouble detection; c) 24 hour supervision; and d) voice communication. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit sians will be included. (FD) j. Privacy Gates shall be designed to comply with Fire Dept. City Specification 403. (FD) k. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. 1. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. m. Signs shall be posted within the service bays indicating that the bay doors shall be closed when air tools are in use. 0 n. Signs shall be posted in loading areas informing all employees and persons providing services for Huntington Honda Motorcycle Dealership to be considerate of those residing in the vicinity. o. A store liaison shall be permanently established and available to assist neighbors and residents with issues regarding the site during construction and after completion of the project when the development is open for business. A sign shall be posted on -site both during construction and when the development is open for business identifying the store contact and telephone number. 6. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (PW) b. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (PW) ZA Minutes 12/11/02 10 (02zm1211) ® c. 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) d. The construction disturbance area shall be kept as small as possible. (PW) e. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (PW) f. Prior to leaving the site, all haul trucks shall be washed off on -site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. (PW) g. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. Wind barriers shall be installed along the perimeter of the site. (PW) i. 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) Construction equipment shall be maintained in peak operating condition to reduce emissions. k. Use low sulfur (0.5%) fuel by weight for construction equipment. 1. Truck idling shall be prohibited for periods longer than 10 minutes - in. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. n. Discontinue operation during second stage smog alerts. o. 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. p. 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 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) ZA Minutes 12/11/02 11 (02zm1211) b. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. Vehicle display may be permitted within the display area along Beach Boulevard but not within the • required twenty-five (25) foot setback. c. All repair work shall be conducted wholly within the building. d. 'Due to the proximity of residential units to the west, there shall be no exterior audible public address or employee paging system. e. Guard dogs shall not be outside overnight on the property. f. The vehicular sales and repair facility shall comply with the requirements of the Huntington Beach Municipal Code Chapter 8.40, Noise. g. The privacy gates shall be open during business hours. h. The air conditioner shall not exceed a noise rating of 8.5 Bels either by itself or in combination with any shielding. i. Air tools shall not exceed 75 dBA at a distance of twenty-five (25) feet from the westerly property line. j. Two of the three bay days shall be closed when air tools are used. 8. 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. 9. 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. 02-36 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-36 shall become null and void unless exercised within one year of the date of final approval which is December 11, 2003, or such extension of time as • ZA Minutes 12/11/02 12 (02zm1211) • 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. 02-36 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. 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. Park Land In -Lieu Fees shall be paid at issuance of building permits. 10. 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. Standard landscape code requirements apply (Chapter 232 of the HBZSO). 11. The Water Ordinance No. 14.52, the "Water Efficient Landscape Requirements" apply for projects with 2,500 square feet of landscaping and larger. 12. 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. 13. An encroachment permit shall be required for all work within the right-of-way (Speer Avenue). (PW) ZA Minutes 12/11/02 13 (02zm1211) 14. An encroachment permit shall be required for all work within Caltran's right -or -way (Beach Boulevard). (PW) 0 15. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. 16. 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. 02-46 (REGAN - TWO SINGLE-FAMILY HOMES APPLICANT/ PROPERTY OWNER: Dan Regan, 107 Alabama Street, Huntington Beach, CA 92648 REQUEST: To permit the construction of two, three-story single-family homes with a grade differential in excess of three feet, and to allow a 30- inch retaining wall in lieu of the maximum height of 18 inches along the front property line. LOCATION: 803-805 Delaware Street (west side of Delaware Street, north of Hartford Avenue) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, Staff Planner, displayed project plans and photographs stating the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and suggested findings and conditions of approval as outlined in the staff report. Staff stated that the proposed project would be required to comply with the Infill Lot Ordinance. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and because the proposed project complies with the overall height requirements and design guidelines. Mary Beth Broeren, Zoning Administrator, and staff engaged in a general discussion concerning the grade differential and the maximum height. THE PUBLIC HEARING WAS OPENED. Philip Titolo, 801 Delaware Street, neighboring property owner, spoke in opposition to the proposed fence height. Dan Regan, 805 Delaware Street, applicant, addressed the natural grade of the proposed site. • is ZA Minutes 12/11/02 14 (02zm1211) ® Ms. Titolo, 801 Delaware Street, neighboring property owner, voiced concern related to flooding onto her property. 0 Carol Galasso, 512 Hartford Avenue, neighboring property owner, spoke in opposition to the proposed project and voiced concern related to the height of the structures. Karl Begovich, 3821 Long Beach Boulevard, Long Beach, architect, spoke in support of the proposed project, addressed the height issue, and questioned their ability to comply with Condition No. 1.a. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren addressed the concerns expressed by the members of the public and by the architect. Ms. Broeren explained in detail the City's zoning code for this type of housing in this particular area of the City. She explained to the architect that a variance would have to be filed if they are unable to redesign the proposed project to accommodate the suggested conditions of approval, or return for a re -hearing. CONDITIONAL USE PERMIT NO. 02-46 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15332 of the CEQA Guidelines as it is infill development consistent with General Plan Land Use designation of RMH (Residential Medium -High Density), and is located in an urban area which is developed with similar residential uses. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-46: Conditional Use Permit No. 02-46 to permit the construction of two, three-story single-family homes with a grade differential in excess of three feet, and to allow a 30-inch high retaining wall in lieu of the maximum height of 18 inches along the front property line 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 majority of the change in grade occurs at the front of the property. The proposed single-family homes will remain at a constant grade and will be compatible with the adjacent development. The 30- inch high retaining wall is proposed to correct the existing grade differential between the subject property and sidewalk and will be designed with colors and materials consistent with ZA Minutes 12/11/02 .s 15 (02zm1211) the homes. Construction of the single-family homes will improve the aesthetics of the • property and will potentially add value to the neighborhood. 2. The conditional use permit will be compatible with surrounding uses because the residential medium -high 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 grade will be comparable with existing multi -story homes found in the immediate vicinity. 3. The proposed Conditional Use Permit No. 02-46 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 including maximum height, site coverage and minimum setbacks. 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 -High 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. 0 Policy LU 9.2.1: Require that the use of building heights, grade elevations, orientation, and bulk are compatible with the surrounding developments. The proposed residences incorporate distinct architecture between the two plans and use a variety of quality materials including the use of stucco, wood siding, stone veneer, and decorative window treatments. The grade elevations, building orientation, and bulk will be compatible with surrounding properties which are predominately residential. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-46: 1. The site plan, floor plans and elevations received and dated November 15, 2002 shall be the conceptually approved layout with the following modifications: a. Plans shall be amended to comply with Section 210.04(M), which allows a maximum height of 25 feet for all portions of a residential structure within the front 25 feet of the lot (measured from top of curb). 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 • ZA Minutes 12/11/02 16 (02zm1211) 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. 2. Prior to issuance of demolition permits, the following shall be completed: a. The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCB's. These requirements include but are not limited to: survey, identification of removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. b. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos survey shall be completed. c. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. d. The City of Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the Notification procedures have been completed. e. All asbestos shall be removed from all buildings prior to demolition of any portion of any building. f. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. g. Pursuant to Section 65590 of the California Government Code, the applicant shall submit a plan for replacement of any existing residential units occupied by persons and families of ZA Minutes 12/11/02 17 (02zm1211) low or moderate income that are converted or demolished as a result of this project for review and approval by the Planning Department. 0 3. Prior to issuance of g radin permits, the following shall be completed: g 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 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) Pavement for half -width of existing alley plus pavement for 2.5-feet of additional alley dedication. 3) Sewer lateral for each lot. 4) 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. 5) A separate backflow protection devices shall be installed, per Water Division standards for domestic water service. 6) The existing domestic water service and meter shall be abandoned per Water Division standards. 0 7) Protection of the two existing Queen Palm trees located in the Delaware Street parkway. 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. d. If soil remediation is required, a remediation plan shall be submitted to the Planning,, Public Works, and Fire Department 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 drainage associated with the remediation efforts shall be retained on -site and no wastes or • ZA Minutes 12/11/02 18 (02=1211) • pollutants shall escape the site; and shall also identify wind barriers around remediation equipment. (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) f. The applicant's grading/erosion plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. g. For import soils, the project shall comply with all provisions of the BBMC Section 17.04.085 and Fire Dept. City Specification 429, Methane District Building Permit Requirements. (FD) h. The Fire Department must be notified of who will be the environmental site auditor supervising testing operations during soil import. The selected environmental firm is responsible for obtaining Fire Department approval for their testing plan. (FD) 4. 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. 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. 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, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (BD) 5. 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. Reclaimed water shall be used for the irrigation system. (PW) ZA Minutes 12/11/02 19 (02zm1211) c. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (PW) • d. 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) 6. 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. All public infrastructure per the approved plans must be 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) d. All Fire Department requirements shall be noted on the building plans. (FD) e. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) f Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. g. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 7. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (PW) ZA Minutes 12/11/02 20 (02zm1211) ® b. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (PW) c. Wet down the areas that are to be graded or that are being graded, in the late morning and after work is completed for the day. (PW) d. The construction disturbance area shall be kept as small as possible. (PW) e. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (PW) f. Prior to leaving the site, all haul trucks shall be washed off on -site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. (PW) g. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. Wind barriers shall be installed along the perimeter of the site. (PW) i. 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) j. Comply with the "Water Quality Management Plan" requirements. (PW) k. Discovery of any contamination/pipelines, etc. must be reported to the Fire Department immediately and the approved work plan modified accordingly. (FD) 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 ZA Minutes 12/11/02 21 (02zm1211) 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) 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. 9. 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 REQUIIMMENTS: 1. Conditional Use Permit No. 02-46 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-46 shall become null and void unless exercised within one year of the date of final approval which is December 18, 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. 02-46, 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. 11 ZA Minutes 12/11/02 22 (02zm1211) • 7. Traffic Impact Fees shall be paid at a rate of $123 per net new added daily trip. The estimated fee amount is based on twelve (12) trips per day for each lot, totaling $1,476 for each lot (12 trips X $123 per trip = $1,476). However, credit is given for the former one house on the two lots, so the net fee is $1,476. (PW) • 8. State -mandated school impact fees shall be paid prior to issuance of building permits. 9. Park Land In -Lieu Fees shall be paid prior to issuance of building permits. 10. 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. 11. An encroachment permit shall be required for all work within the right-of-way. (PW) 12. 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 2:25 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, DECEMBER 18, 2002 AT 1:30 PM. Ma y Beth Broeren Zoning Administrator :rmk ZA Minutes 12/11/02 23 (02zm1211)