Loading...
HomeMy WebLinkAbout2003-04-02® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California C!� J 0 WEDNESDAY, APRIL 2, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBERS: Rami Talleh, Ron Santos, Robin Lugar (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 02-22/CONDITIONAL USE PERMIT NO. 02-42 (LEWIS RESIDENCE — CONTINUED FROM THE MARCH 19, 2003 MEETING WITH THE PUBLIC HEARING CLOSED) APPLICANT: Michael Mehalick, 525 A Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: Rich and Sandy Lewis, 16472 Malden Circle, Huntington Beach, CA 92649 REQUEST: CDP: To construct a 2,897 sq. ft. second story addition and a 1,688 sq. ft. third story addition to an existing single family dwelling. CUP: To construct the dwelling with a third story at a height of 34'-11." LOCATION: 16472 Malden Circle (north side of Malden Circle west of Gilbert Drive) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, recommended a continuance to the April 9, 2003 meeting to allow the applicant time to meet with staff on project related issues. AS THIS ITEM WAS CONTINUED WITH THE PUBLIC HEARING CLOSED, THE PUBLIC HEARING WAS NOT OPENED. COASTAL DEVELOPMENT PERMIT NO. 02-22/CONDITIONAL USE PERMIT NO. 02-42 WERE CONTINUED TO THE APRIL 9, 2003 MEETING WITH THE PUBLIC HEARING CLOSED. ITEM 2• CONDITIONAL USE PERMIT NO. 03-11 (IHOP ALCOHOL SALES) APPLICANT: Jeff Bergsma, 221 Main Street, Huntington Beach, CA 92649 PROPERTY OWNER: Robert J. Khoury, 200 Main Street, Huntington Beach, CA 92649 REQUEST: To establish the sale of alcoholic beverages at an existing 5,587 sq. ft. restaurant and patio area. LOCATION: 200 Main Street, Suite 116 (Southwest corner of Main Street and Olive Avenue) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans stating the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. THE PUBLIC HEARING WAS OPENED. WITH NO ONE PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS CLOSED. Staff reported that no unusual comments or concerns were received from staff or the public. Staff also reported that issues related to the ABC license would be addressed by the Police Department at a later date. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the executive summary and with the following modifications: Delete suggested Conditions of Approval Nos. 2b, 2c, 2d and 2e. Add a new Condition No. 6: The use shall comply with the with the conditions of Costal Development Permit No. 01-19, Conditional Use Permit No. 01-53, and Design Review No. 01-49. Modify Information on Specific Code Requirements No. 10: Live entertainment is not permitted unless a conditional use permit for this specific use is reviewed and approved. CONDITIONAL USE PERMIT NO. 03-11 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. • ZA Minutes 04/02/03 2 (03zm0402) ® FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because it involves negligible expansion of use beyond that previously approved. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-11: 1. Conditional Use Permit No. 03-11 to establish the sale of alcoholic beverages at an existing 5,587 sq. ft. restaurant and patio area 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 sale of alcoholic beverages will be incidental to an existing restaurant facility. The outdoor dining area will be separated from the adjoining sidewalk by a 36-inch high barrier to protect pedestrians and to prevent the outdoor dining area and alcohol service from expanding beyond the approved area. 2. The conditional use permit will be compatible with surrounding uses because restaurants with alcohol sales and outdoor dining are common to the downtown commercial district and consistent with the desired character for the downtown commercial district. The proposed use is subject to conditions of approval intended to ensure impacts to surrounding properties ® are minimized. The outdoor dining area will be surrounded with a 36-inch high barrier to ensure no impacts to the adjacent public sidewalks, loading zones, bus stops, and benches. L iJ 3. The proposed Conditional Use Permit No. 01-06 will comply with the provisions of the base district and other applicable provisions in the Downtown Specific Plan, City of Huntington Beach Urban Design Guidelines, and any specific condition required for the proposed use in the district in which it would be located including parking and 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 MV-176/25-sp-pd (Mixed Use Vertical — 2.0 max floor area ratio — specific plan — pedestrian overlay) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan and Local Coastal Program: LU 15.2.2: Require that uses in the pedestrian overlay district be sited and designed to enhance and stimulate pedestrian activity along the sidewalks. Assure that areas between building storefronts and public sidewalks are visually and physically accessible to pedestrians. LCP/ DTSP: Main Street should be a lively, active commercial district at the street level. The first floor of developments along Main Street should be commercial, with open-air establishments encouraged. ZA Minutes 04/02/03 3 (03zm0402) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-11: The site plan, floor plans, and elevations received and dated February 21, 2003, shall be the conceptually approved layout. 2. Prior to alcohol service on the sidewalk area within the public right-of-way, the following shall be complied with: a. A copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 3. Outdoor dining with alcohol on the sidewalk area within the public right-of-way and on private property shall comply with the following: a. Only the uses described in the narrative dated and received February 21, 2003, shall be permitted. b. No food or beverages of any nature shall be sold to any occupant or rider of any motor vehicle or bicycle. (Code Requirement) c. Alcoholic beverages shall be served in glass containers only. The glass containers shall be S permanently printed with a number identifying the establishment serving alcohol. (Code Requirement) d. Copies of the approved Conditional Use Permit, License Agreement, Maintenance Agreement, and Insurance Policy shall be kept at the place of business at all times. e. All conditions of approval of Conditional Use Permit No. 01-53 which established outdoor dining at this location shall be adhered to. 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 are proposed. No changes shall occur until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. 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. • ZA Minutes 04/02/03 4 (03zm0402) 6. The use shall comply with the with the conditions of Costal Development Permit No. 01-19, Conditional Use Permit No. 01-53, and Design Review No. 01-49. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 03-11 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03-11 shall become null and void unless exercised within one year of the date of final approval which is April 2, 2004, 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. 03-11, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. 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 Isto the issuance of Building Permits. 0 6. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Zoning Administrator. 8. 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. 9. 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 04/02/03 5 (03zm0402) 10. Live entertainment is not permitted unless a conditional use permit for this specific use is reviewed and approved. 18 ITEM 3: CONDITIONAL USE PERMIT NOI 03-05 (PATTI' S PRESCHOOL APPLICANT: Patti Young, 17200 Goldenwest Street, Huntington Beach, CA 92647 PROPERTY OWNER: Shea Properties, 286840 Laguna Hills Drive, Suite 100, Aliso Viejo, CA 92656 REQUEST: To construct a 7,536 sq. ft. building for the establishment, maintenance, and operation of a day-care center for a maximum of 120 children. LOCATION: Terminus of Summit Drive, east of Goldenwest Street (Seacliff Village Shopping Center) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans stating the purpose, location, zoning, existing and surrounding uses of the requested project. Staff presented a review of the proposed project and presented suggested findings and conditions of approval. Mike Strange, Acting Zoning Administrator, and staff engaged in a discussion concerning parking and safety factors as related to the existing six-foot high retaining wall. THE PUBLIC HEARING WAS OPENED. Patti Young, 17200 Goldenwest Street, applicant, spoke on behalf of the proposed project. Jill Garcia, 286840 Laguna Hills Drive, Suite 100, Aliso Viejo, property owner, spoke in support of the proposed project. Mr. Strange confirmed with Ms. Garcia that they will be able to provide staff with a parking agreement. Jeff Metzel, 19391 Shady Harbor Circle, neighboring property owner, voiced concerns related to the traffic signal timing at Summit Drive and Goldenwest Street. Mr. Metzel asked for relief from the traffic that backs up on Summit Drive during the early morning hours when people are traveling to work or school. He also stated that he is not opposed to the proposed project. Doug Ely, 158 N. Glassell, Suite 205, Orange, DSE Architecture, representing the applicant, stated that he was available to answer technical question. Mr. Ely addressed suggestions made by the Design Review Board related to fencing and stucco types at the rear of the building on the easterly property line. He proposed an alternate style to decrease costs to the applicant. • ZA Minutes 04/02/03 6 (03zm0402) ® THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Staff reported that one call was received from a resident concerning traffic signal issues at Summit Drive and Goldenwest Street. Discussion ensued and Mr. Strange stated that the traffic light timing issue at Summit Drive and Goldenwest Street shall be referred to the City Traffic Division without including the study as a condition of approval. Mr. Strange stated that he was going to approve the request with the following modifications: The Design Review Board shall review and approve the proposed fencing along the easterly property line. Deletion of 1 c and 1 e from the suggested conditions of approval. CONDITIONAL USE PERMIT NO. 03-05 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. ® FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the project consists of a commercial building under 10,000 square feet in size on a lot located in a developed area. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-05: Conditional Use Permit No. 03-05 to construct a 7,536 sq. ft. building for the establishment, maintenance, and operation of a day-care center for a maximum of 120 children 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 facility complies with the provisions of the Huntington Beach Zoning and Subdivision Ordinance and the Holly Seacliff Specific Plan. The day care facility will be constructed on a parcel located within an existing shopping center and will utilize existing parking areas. The outdoor play area will be adequately screened from the adjacent residential uses. The multi -family residential development to the west is screened by a six-foot high block wall. The senior housing development to the east is developed on a pad ten feet lower than the day care and will be screened with fencing. ® 2. The conditional use permit will be compatible with surrounding uses because it provides adequate parking landscaping, and access. The facility will operate on weekdays only and will ZA Minutes 04/02/03 7 (03zm0402) not generate significant increases to noise levels that would affect the adjacent residential, commercial and public uses based on the difference in grade between the subject site and • adjacent residential uses and proposed fencing. 3. The proposed Conditional Use Permit No. 03-05 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 the Holly-Seacliff Specific Plan. 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 Mixed Use Horizontal on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 4.2.4 Require that all development be designed to provide adequate space for access, parking, supporting functions, open space and other elements. LU 10.1.2 Establish incentives for the inclusion of day-care, public meeting rooms, and other community oriented facilities in commercial districts. LU 10.1.6 Require that commercial projects abutting residential properties adequately protect the residential use from excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. LU 13.1.3 Allow for the continuation of existing development of new child, adult, and • senior adult daycare facilities in any land use zone where they are compatible with adjacent uses and subject to City review and approval. The proposed day care facility will provide child daycare services to residents of Huntington Beach. The day care facility will be constructed on a parcel located within an existing shopping center, which will provide adequate space for access, parking, landscaping, and open space. The adjacent residential uses will be protected by screen walls, landscaping and grade separations. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-05: 1. The site plan, floor plans, and elevations received and dated February 10, 2003, and shall be the conceptually approved layout with the following modifications: a. Building elevations shall depict colors and building materials approved by the Design Review Board on March 13, 2003, and maintained in case file DRB No.03-01. b. The daycare facility shall be setback 10 feet from the front property line. The rear of the day care shall be secured with fencing within the side yard setback along the westerly property line. • ZA Minutes 04/02/03 8 (03=0402) ® d. The trash enclosure shall be relocated to an area that is unobtrusive and conveniently accessible for trash collection. Final design and location of the trash enclosure shall be subject to review of the Planning Department. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) f. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) g. 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) h. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. i. Play equipment shall not exceed six feet in height, except as approved by the Zoning Administrator at a noticed public hearing. 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: (PW) 1) The on -site sewer shall be connected to the existing 6" VCP lateral stubbed to the parcel. 2) The proposed development shall be served from the Zone 2 public water supply system. 3) Any portion(s) of the existing public water pipeline and appurtenances impacted by the ® proposed development shall be relocated to be clear of all surface constrains including, ZA Minutes 04/02/03 9 (03=0402) but not limited to structures, parking spaces, trees, walls, etc., and shall be reconstructed per Water Division Standards. 4) 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 in size. 5) A separate irrigation 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 new water service shall be a minimum of 2-inches in size. 6) If fire sprinklers are required by the Fire Department for the proposed development, then it shall have a separate dedicated fire service with an appropriate backflow protection device. 7) A separate backflow protection device shall be installed, per Water Division standards for domestic water service. 8) The existing domestic water service and meter shall be abandoned per Water Division standards, unless it satisfactorily meets the criteria set forth above and can be used as the domestic or irrigation water service. 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) c. A soils report, prepared by a Licensed Engineer, 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. (PW) 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. (PW) • ZA Minutes 04/02/03 10 (03zm0402) 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. (PW) 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. A grading/erosion control plan shall be completed and must abide by the provisions of AQMD's Rule 403 as related to fugitive dust control; and provide a plan to the Department of Public Works indicating such compliance. (PW) Provide a Fire Department approved Remedial Action Plan (RAP) based on requirements found in the City of Huntington Beach Soil Cleanup Standard, City Specification No. 431- 92. (FD) j. From the Division of Oil, Gas & Geothermic Resources (DOGGR), Provide a Permit to Conduct Well Operations for all onsite active/ abandoned oil wells. (714) 816-6847. (FD) k. From DOGGR, provide proof of a Site Plan Review Application. (FD) Obtain a Huntington Beach Fire Department Permit to Abandon Oil Well and follow the requirements of the City Specification NO. 422. (FD) in. Installation and/or removal of underground flammable or combustible liquid storage tanks (UST) require the applicant to first obtain an approved Orange County Environmental Health Care UST permit/site plan. This approved plan must be presented to obtain the required Huntington Beach Fire Department Fire Code Permit Application to conduct installation and/or removal operations. (FD) n. For Fire Department approval, the applicant must submit a site plan showing all onsite abandoned oil wells accurately located and identified by well name and API number, plus identify and detail all methane safety measures per City Specification No. 429. These details shall be on a separate sheet titled "Methane Plan." (FD) 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. ZA Minutes 04/02/03 11 (03zm0402) b. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. c. Submit three (3) copies of the site plan and floor plans and the processing fee to the Planning Department for addressing purposes. d. The Design Review Board shall review and approve the proposed fencing along the easterly property line. e. All Fire Department requirements shall be noted on the building plans. (FD) f. A corrosion report must be prepared by a qualified person who will determine the suitability of buried pipe and recommend a method to protect buried pipe when corrosive soil is encountered. Reproduce the recommendations of the report on the plans. (BD) 4. Prior to issuance of building permits, the following shall be completed: a. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. Landscaping for the site shall include the frontage along Stewart Circle (formerly Clay Street); more specifically, the area between the northerly screen/retaining wall and the back of curb along Stewart Circle. (PW) b. Rough grading release from civil and geotechnical engineers of record shall be provided to the Public Works field inspector for verification and acceptance. c. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36-inch box trees and shall be incorporated into the project's landscape plan. (PW) (Code Requirement) d. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s), between the subject site and adjacent southerly property (Seacliff Village Shopping Center). The location and width of the access way 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 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 ZA Minutes 04/02/03 12 (03zm0402) ® 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. (Code Requirement) 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. (FD) f. Fire Access roads shall be provided in compliance with City Specification No. 401. (FD) g. Fire Hydrants must be installed and be in service before combustible construction begins. Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. Indicate hydrant locations and fire department connections. The Fire Department and Public Works Division shall determine the number of fire hydrants. (FD) h. An automatic fire sprinkler system shall be installed throughout. For fire department approval, plans shall be submitted to the Building Department as Separate plans for permits. (FD) i. A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to the Building Department as separate plans for permits. (FD) ® j. For Fire Department approval, food preparation fire protection system plans shall be submitted to the Building Department as separate plans for Permits. (FD) The structures cannot be occupied, the final building permits cannot be approved, utilities cannot be released, and Certificate of Occupancy cannot be issued until the following has been completed: a. Complete all improvements as shown on the approved grading and landscaping plans. 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. Fire hydrants must be installed before combustible construction begins. Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. (Fire Dept. City Specification 407) (FD) ZA Minutes 04/02/03 13 (03zm0402) e. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) i 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. (FD) g. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) h. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) i. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 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) 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) E ZA Minutes 04/02/03 14 (03=0402) 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) 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. Hours of operation shall be limited to between 6:30 am and 6:00 pm Monday through Friday. b. Only the uses described in the narrative received and dated February 10, 2003, shall be permitted. 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 Is 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. 03-05 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03-05 shall become null and void unless exercised within one year of the date of final approval which is April 2, 2004, 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. 03-05, 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 04/02/03 15 (03zm0402) 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, 0 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. The Water Ordinance No. 14.52, the "Water efficient Landscape Requirements" apply for projects with 2500 square feet of landscaping and larger. (PW) 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 BBZSO. 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. 0 11. 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. 12. An encroachment permit shall be required for all work within the right-of-way. (PW) 13. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. 14. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 0. ZA Minutes 04/02/03 16 (03zm0402) 0 ITEM 4: CONDITIONAL USE PERMIT NO. 02-37 (OLIVE GARDEN APPLICANT: Steve Hale, 1048 Peppertree Drive, Fairfield, CA 94533 PROPERTY OWNER: Darden Restaurants (Olive Garden), 5900 Lake Ellenor Drive, Fairfield, CA 94533 REQUEST: To demolish an existing restaurant and construct a 6,895 sq. ft. restaurant with the sale of alcoholic beverages within a 867 sq. ft. outdoor dining area. LOCATION: 16811 Beach Boulevard (Northwest corner of Beach Boulevard and Damask Drive, north of Warner Avenue) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans stating the purpose, location, zoning, existing and surrounding uses of the requested project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. Staff also reported on revisions made to the proposed project by the Design Review Board. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the executive summary. No written or verbal comments were received in response to the public notification. 0 THE PUBLIC HEARING WAS OPENED. Steve Hale, 1048 Peppertree Drive, Fairfield, CA, applicant, discussed the building pad being raised 18" for flood zone purposes. Mr. Hale asked for confirmation of the flood zone elevation. Dianne Navar, 16811 Beach Boulevard, Olive Garden Manager, spoke in support of the proposed project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 02-37 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR 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 15302 of the CEQA Guidelines, because the project consists of the 0 ZA Minutes 04/02/03 17 (03zm04402) replacement and reconstruction of a commercial structure with a new structure of substantially the same size, purpose and capacity. 0 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-37: Conditional Use Permit No. 02-37 for the establishment, maintenance and operation of a 6,895 sq. ft. restaurant with the sale of alcoholic beverages within a 867 sq. ft. outdoor dining area 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 restaurant is proposed on a parcel previously developed with a restaurant and located along Beach Boulevard, a major arterial highway and commercial corridor. The design of the structure complies with the City of Huntington Beach Urban Design Guidelines and is compatible with the surrounding neighborhood. The parking facility will be adequately screened from adjacent properties with ten (10) foot wide landscaped planters along Damask Drive and Viewpoint Lane. 2. Conditional Use Permit No. 02-37 will be compatible with surrounding uses because Beach Boulevard is developed as a major commercial corridor. Other surrounding properties along Beach Boulevard also consist of eating and drinking establishments. The surrounding residential properties will be buffered by adequate landscaped setbacks. Conditional Use Permit No. 02-37 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 No. 02-37 will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG-172 (General Commercial — 0.50 FAR) on the subject property. In addition, the proposed project is consistent with the following goals and objectives of the City's General Plan: 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 incorporation of site landscaping, 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. • ZA Minutes 04/02/03 18 (03zm0402) ® Granting of the conditional use permit will allow for the demolition of the existing Olive Garden restaurant and the construction of a new 6,895 sq. ft. Olive Garden restaurant. The design of the restaurant will comply with the City of Huntington Beach Urban Design Guidelines and will include adequate landscaped setbacks along Beach Boulevard, Damask Drive, and Viewpoint lane. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-37: 1. The site plan, floor plans, and elevations received and dated March 6, 2003, shall be the conceptually approved layout with the following modifications: a. Building and sign elevations shall depict colors and building materials approved by the Design Review Board on November 14, 2003, and maintained in case file DRB No.02-39. b. The patio area shall comply with the required ten (10) foot setback from the Damask Street frontage. c. The walkways within the ten foot landscaped setback along Damask Drive and twenty-five (25) foot setback along Beach Boulevard shall consist of decorative pavement. d. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public ® rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) 0 e. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) f. No trees, signs, or structures shall be located in the existing seven -foot wide sewer easement along the Beach Boulevard frontage. (PW) g. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. ZA Minutes 04/02/03 19 (03zm0402) h. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the • site plan and elevations. i. Project data information shall include the flood zone and the base flood, and lowest building floor elevations per NGVD29 datum. 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. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. 3. 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: (PW) 1) Replace curb, gutter and sidewalk along a portion of Damask Drive frontage, per City Standard Plan Nos. 202 and 207. 2) The existing driveway on Damask Drive and Beach Boulevard shall be removed and replaced with ADA compliant driveways per City Standard Plan No. 211. 3) An ADA compliant access ramp at the Beach Boulevard and Damask Drive corner. 4) Pavement for half -width of existing alley plus pavement for 2.5-feet of additional alley dedication. 5) Sewer lateral. • ZA Minutes 04/02/03 20 (03zm0402) 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 in 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 water service shall be a minimum of 2 inches in size. 8) A separate backflow protection devices shall be installed, per Water Division standards for domestic and irrigation water services. 9) The existing domestic water service and meter shall be abandoned per Water Division standards. 10) If a fire sprinkler system is required for the new restaurant, a separate dedicated fire service shall be installed with a new connection to an existing water main in the street and a new appropriate backflow protection device. The existing fire sprinkler system backflow protection device and lateral connection shall be removed or abandoned in accordance with Water Division Standards. 11)Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). Applicant shall provide a consulting arborist report on all the existing trees. Said report shall quantify, identify, size and analyze the health of the existing trees. The report shall also recommend how the existing trees that are to remain (if ® any) shall be protected and how far construction/grading shall be kept from the trunk. 12) Paint red curb on the northerly side of Damask Drive from 100 feet west of the new driveway easterly to Beach Boulevard. Remove the parking sign regarding street sweeping from the northerly side of Damask Drive where the curb is painted red. 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) c. A soils report, prepared by a Licensed Engineer, 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. (PW) 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 ZA Minutes 04/02/03 21 (03zm0402) 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. (PW) 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. (PW) 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. A grading/erosion control plan shall be completed and must abide by the provisions of AQMD's Rule 403 as related to fugitive dust control; and provide a plan to the Department of Public Works indicating such compliance. (PW) • 4. 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) c. To maintain required emergency access and safety during project construction phases, submit a Fire Protection Plan in compliance with City Specification No. 426. (FD) d. Fire Access roads shall be provided in compliance with City Specification No. 401. (FD) e. For Fire Department approval, plans for an automatic fire sprinkler system shall be submitted to the Building Department as separate plans for permits. (FD) f. A fire alarm system in compliance with the Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to Building and Safety as separate plans for permits. The system shall provide water flow, tamper and trouble • ZA Minutes 04/02/03 22 (0hm0402) ® alarms, manual pull stations, interior and exterior horns and strobes, and 24-hour central station monitoring. (FD) g. For Fire Department approval, food preparation fire protection system plans shall be submitted to the Building Department as separate plans for permits. (FD) h. A request for Letter of Map Revision shall be submitted to the Federal Emergency Management Agency (FEMA) to remove the proposed structure(s) and/or property from the floodplain. 5. Prior to issuance of building permits, the following shall be completed: a. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. (PW) The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36-inch box trees and shall be incorporated into the project's landscape plan. (PW) (Code Requirement) b. 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) c. 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 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 ZA Minutes 04/02/03 23 (03zm0402) 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. (Code Requirement) d. A copy of a Letter of Map Revision from the Federal Emergency Management Agency (FEMA) removing the property from the floodplain shall be submitted to the Planning Department for inclusion in the entitlement file. Or submit a copy of completed FEMA Elevation Certificate(s) based on construction drawings, or Floodproofing Certificate in the case on a non-residential structure. 6. The structure cannot be occupied, the final building permits cannot be approved, utilities cannot be released, and a Certificate of Occupancy cannot be issued 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. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) f. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) g. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. h. A second Elevation Certificate certifying the "as built" lowest floor for each building shall be submitted to the Planning Department, or a Letter of Map Revision shall be issued by the Federal Emergency Management Agency (FEMA) and submitted to the Planning Department. (Code Requirement) ZA Minutes 04/02/03 24 (03zm0402) ® 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) 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) 0 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. 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. k. 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) 1. Discovery of additional contamination/pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly. (FD) ZA Minutes 04/02/03 25 (03=0402) 8. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) b. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 9. 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. 10. 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. 02-37 shall not become effective until'the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-37 shall become null and void unless exercised within one year of the date of final approval which is April 2, 2004, 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. 02-37, 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. • ZA Minutes 04/02/03 26 (03zm0402) ® 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 a rate of $123 per new added daily trip at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 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. The Water Ordinance No. 14.52, the "Water Efficient Landscape Requirements" apply for projects with 2,500 square feet of landscaping and larger. 10. 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. ® 11. An encroachment permit shall be required for all work within the City's right-of-way (Damask Drive). (PW) 12. An encroachment permit shall be required for all work within Caltran's right-of-way (Beach Boulevard). (PW) 13. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. 14. 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 2:15 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 9, 2003 AT 1:30 PM. cj,- 4- - Mike Strange, Acting Zoning Administrator MS:RS:r1 ZA Minutes 04/02/03 27 (03=0402)