Loading...
HomeMy WebLinkAbout2003-05-280 U MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MAY 28, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 03-24 (SUPERHERO' S ALCOHOL SALES AND OUTDOOR DINING) APPLICANT: Daniel A. Gauna, 714 Adams Avenue, Suite 101, Huntington Beach, CA 92648 PROPERTY OWNER: Neria Yomtoubian, P.O. Box 3595, Newport Beach, CA 92660 REQUEST: To permit (a) the sale of beer and wine for on -site consumption at an existing 1,000 sq. ft. restaurant, and (b) outdoor dining within a 400 sq. ft. patio area located adjacent to the restaurant. LOCATION: 714 Adams Avenue, Ste. 101 (south side of Adams Avenue, west of Beach Blvd.) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs stating the purpose, location, zoning, and existing uses of the requested project. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. Staff recommended deletion of Specific Code Requirement No. 7. No written or verbal comments were received in response to the public notification. Mike Strange, Acting Zoning Administrator, and staff engaged in discussions concerning the intended use of the patio area, no sales of alcoholic beverages outdoors, and elimination of the requirement for traffic impact fees based upon the fact that there will be no increase in the intensity of the use. • THE PUBLIC HEARING WAS OPENED. Daniel A. Gauna, 714 Adams Avenue, Suite 101, applicant, stated that he understands the condition concerning the prohibition of live and recorded music outdoors. Ed Spanitius, 801 Oceanhill Drive, neighboring property owner, 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. Mr. Strange stated that he was going to approve the request with the deletion of Specific Code Requirement No. 7 as recommended by staff. CONDITIONAL USE PERMIT NO. 03-24 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 CEOA: • The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines. The project consists of the operation and minor alteration of an existing commercial structure involving negligible or no expansion of use beyond that previously existing. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-24: Conditional Use Permit No. 03-24 to permit the sale of beer and wine for on -site consumption at an existing 1,000 sq. ft. restaurant, and outdoor dining within a 400 sq. ft. patio area located adjacent to the restaurant, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed use will not generate noise, traffic, demand for parking or other impacts at levels inconsistent with the commercial zoning applicable to the subject property. 2. The conditional use permit will be compatible with surrounding uses since the request represents only a negligible expansion of an existing restaurant use on a commercially zoned property. • ZA Minutes 05/28/03 2 (0528) 3. The proposed Conditional Use Permit No. 03-24 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The proposed use is permitted in the CG (Commercial General) zone, subject to conditional use permit approval, pursuant to Section 211.04 of the Huntington Beach Zoning & Subdivision Ordinance — CO, CG and CV Districts: Land Use Controls. No new construction is proposed. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 7.1.2: Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. LU 10.1.1: 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 residents, serve the surrounding region, serve visitors to the City and capitalize on Huntington Beach's recreational resources. The requested conditional use permit will accommodate an existing use by allowing the addition of alcohol sales and outdoor dining to an existing restaurant. The proposed use will serve the needs of local residents and visitors to the City, by providing for additional dining accommodations outdoors and additional menu service. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-24: 1. The site plan, floor plans, and elevations received and dated April 29, 2003 shall be the conceptually approved layout. 2. The use shall comply with the following: a. All Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. b. Hours of operation of the restaurant shall be limited to between 6:00 a.m. and 2:00 a.m.. (PD) c. Hours of outdoor dining service shall be limited to between 8:00 a.m. and 10:00 p.m. (PD) d. Live and recorded music shall be prohibited outdoors. (PD) e. Alcohol service/consumption shall be prohibited outdoors. f. Signs stating "no alcoholic beverages outside the restaurant" shall be posted in the restaurant and in the patio area. (PD) g. 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 ZA Minutes 05/28/03 3 (0528) 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. 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, floor plan or use are proposed. Building permits and/or Certificates of Occupancy 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. 4. 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. 03-24 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03-24 shall become null and void unless exercised within one year of the date of final approval which is May 28, 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. 03-24, 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 use shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional • ZA Minutes 05/28/03 4 (0528) • signs, applicable permit(s) shall be obtained from the Planning Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. 8. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to the sale of alcoholic beverages and establishment of outdoor dining. 9. Live entertainment is not permitted unless a conditional use permit for this specific use is reviewed and approved. ITEM 2: CONDITIONAL USE PERMIT NO. 03-23 (BANK OF AMERICA) APPLICANT: Ronnie Din -la, 4675 MacArthur Court, Suite 350, Newport Beach, CA 92660 PROPERTY OWNER: Rob Giffin, Cornerstone Real Estate ADV, 10866 Wilshire Blvd., Los Angeles, CA 90024 REQUEST: To establish, maintain and operate a one story, 26'-0" high, 4,000 sq. ft. bank. LOCATION: 19300 Goldenwest Street (east side of Goldenwest Street, north of Yorktown Avenue; Seacliff Village Shopping Center) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and photographs stating the purpose, location, zoning, and existing uses of the requested project. Staff stated that the Design Review Board (DRB) reviewed the proposed project and recommended approval to the Zoning Administrator. No written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Ronnie Dimla, 4675 MacArthur Court, Suite 350, applicant, stated that they have no comments or questions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 03-23 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. ZA Minutes 05/28/03 (0528) FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the • environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the project consists of the construction of a commercial building with less than 10,000 sq. ft. of area. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-23: Conditional Use Permit No. 03-23 for the establishment, maintenance and operation of a one story, 26'-0" high, 4,000 sq. ft. bank on Pad H 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. Pad H is part of a previously approved Master Plan for the Seacliff Village shopping center. The proposed building is consistent with the Master Site Plan. 2. The conditional use permit will be compatible with surrounding uses because the bank will be incorporated as part of a larger existing shopping center. The building elevations, colors, and materials will be consistent with the design guidelines previously approved by the Design Review Board. The proposed Conditional Use Permit No. 03-23 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. In addition, any specific condition required for the proposed use in the district in which it would be located. The project has adequate percentage of landscaping and meets or exceeds all other development standards such as setbacks, building height, and parking. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Holly Seacliff Specific Plan and 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: ED 2.4 Revitalize, renovate and expand the existing Huntington Beach commercial facilities while attracting new commercial uses. LU 10.1.4 Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. The proposed 4,000 sq. ft. bank will be constructed on a vacant pad within an existing shopping center expanding the types of business and services within the City. The building design, colors, and materials are harmonious with that found throughout the center. C] ZA Minutes 05/28/03 6 (0528) ® CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.03-23: 1. The site plan, floor plans, and elevations received and dated April 7, 2003 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict colors and building materials approved by the Design Review Board on May 8, 2003 and maintained in case file DRB No. 03-10. b. Offset the windows along the north elevation to visually separate them from the exterior ornamental features. c. The proposed colors and materials shall match the approved materials palette for the Seacliff Village Shopping Center. d. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) e. 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 f. 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) g. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. h. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. ZA Minutes 05/28/03 7 (0528) 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. The plan shall show how details of connections to existing utility lines extended to the pad area (sewer lateral, domestic water service, fire water service, storm drain pipes, etc.). (PW) b. A soils report shall be prepared by a Licensed engineer and submitted for reference only. (PW) c. 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) d. The developer shall coordinate the development of a truck haul route with the Department is 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) e. 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) f. Design of the site grading and drainage shall take into account and conform to the existing Water Quality Management Plan (WQMP) for the overall Seacliff Village Shopping Center. (PW) g. For Fire Department approval, 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 — Methane District Building Permit Requirements. These details shall be on a separate sheet titled "Methane Plan." (FD) • ZA Minutes 05/28/03 8 (0528) 0 3. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. A corrosion report must be prepared by a qualified person who will determine the sustainability 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) 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. Rough grade release shall be approved by the Public Works Inspector. (PW) b. 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. (PW) c. Landscaping materials shall be consistent with the overall theme established for the Seacliff shopping center. (PW) 5. The structure cannot be occupied, the final building permit(s) cannot be approved, utilities cannot be released and a Certificate of Occupancy cannot be issued until the following has been completed: a. Complete all improvements as shown on the approved grading and landscape 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) 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) ZA Minutes 05/28/03 9 (0528) 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) e. 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. (FD) g. The project will comply with all provisions of the Huntington Beach Fire Code and Fire Dept. City Specification Nos. 422 and 431 for the abandonment of oil wells and site restoration. (FD) h. The project will comply will all provisions of Huntington Beach Municipal Code Title 17.04.085 and Fire Dept. City Specification No. 429 for new construction within the methane gas overlay districts. (FD) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) • Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) k. All signs shall be in compliance with the Chapter 233 of the Huntington Beach Zoning & Subdivision Ordinance and subject to the requirements of Planned Sign Program No. 98- 05. 1. 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, discovery of additional contamination/pipelines, etc. must be reported to the Fire Department immediately and the approved work plan modified accordingly. (FD) 7. 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) S. 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 ZA Minutes 05/28/03 10 (0528) ® 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. 03-23 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03-23 shall become null and void unless exercised within one year of the date of final approval which is May 28, 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. 03-23, 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. Park Land In -Lieu Fees shall be paid at issuance of building permits. 9. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Zoning Administrator. ZA Minutes 05/28/03 11 (0528) 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 40 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 right-of-way. (PW) 12. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. 13. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. ITEM 3• CONDITIONAL USE PERMIT NO 03-25 (FARMERS & MERCHANTS BANK APPLICANT: Leslie Gentile, 216 The Promenade North, Suite 200, Long Beach, CA 90802 PROPERTY OWNER: Rob Giffin, Cornerstone Real Estate ADV, 10866 Wilshire Blvd., Los Angeles, CA 90024 REQUEST: To establish, maintain and operate a one story, 24'-0" high, 5,000 sq. ft. bank with drive through. LOCATION: 7125 Yorktown Avenue (north side of Yorktown Avenue, east of Goldenwest Street; Seacliff Village Shopping Center) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans, elevations, photographs, and color renderings of the architecture. Staff stated the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the parking requirements stating that the change of use will result in a lower parking demand. Staff stated that the Design Review Board (DRB) reviewed the proposed project and recommended approval to the Zoning Administrator. The DRB recommended conditions related to the architectural treatment and landscaping as set forth in suggested conditions of approval nos. La and Lb. • ZA Minutes 05/28/03 12 (0528) ® Staff recommended modifications to the conditions of approval due to the reconfigured development of the site as follows: Add new Condition No. 3.e: e. An Application for Lot Line Adjustment to reconfigure the parcel lines shall be submitted with the Planning Department. Add new Condition No. 4A d. The Lot Line Adjustment stated in Condition No. 3-e shall be recorded with the County Recorders Office. No written or verbal comments were received in response to the public notification. Mike Strange, Acting Zoning Administrator, and staff reviewed the plans and discussion ensued concerning the location of the drive through and landscaping. Staff emphasized support of the proposed reconfiguration with the enhanced landscaping as recommended by the DRB. Further discussion ensued concerning the Urban Design Guidelines, which govern the proposed drive through. Is THE PUBLIC HEARING WAS OPENED. 11 Jeff Erickson, 216 The Promenade North, Suite 300, Long Beach, representing the applicant, stated that they understand the modifications as recommended by the DRB. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Strange clarified with staff the recommendations as suggested by the DRB. He stated that he was going to approve the request with modifications to the conditions of approval as suggested by staff above. CONDITIONAL USE PERMIT NO. 03-25 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 05/28/03 13 (0528) FINDINGS FOR PROJECTS EXEMPT FROM CEOA: • The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the project consists of the construction of a commercial building with less than 10,000 sq. ft. of floor area. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.03-25: Conditional Use Permit No. 03-25 for the establishment, maintenance and operation of a one story, 24'-0" high, 5,000 sq. ft. bank with drive through on Pad D 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. Pad D is part of a previously approved Master Plan for the Seacliff Village shopping center. The proposed building is consistent with the Master Site Plan. The drive through also includes adequate circulation and vehicular stacking. 2. The conditional use permit will be compatible with surrounding uses because the bank will be incorporated as part of a larger existing shopping center. The building elevations, colors, and materials will be consistent with the design guidelines previously approved by the Design Review Board. The proposed Conditional Use Permit No. 03-25 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. In addition, any specific condition required for the proposed use in the district in which it would be located. The project has adequate percentage of landscaping and meets or exceeds all other development standards such as setbacks, building height, and parking. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Holly Seacliff Specific Plan and 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: ED 2.4 Revitalize, renovate and expand the existing Huntington Beach commercial facilities while attracting new commercial uses. LU 10.1.4 Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. The proposed 5,000 sq. ft. bank with drive though will be constructed on a vacant pad within an existing shopping center expanding the types of business and services within the City. The building design, colors, and materials is harmonious with the that found throughout the center. • ZA Minutes 05/28/03 14 (0528) ® CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.03-25: 1. The site plan, floor plans, and elevations received and dated April 11, 2003 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict colors and building materials approved by the Design Review Board on May 8, 2003 and maintained in case file DRB No. 03-11. b. The architectural treatment on the west and south elevations shall be consistent with that of the entire building including the use of columns, cultures stone, architectural insets and landscaping. c. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) 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) 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. 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. g. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 2. Prior to issuance of grading permits, the following shall be completed: a. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. The plan shall show how details of ZA Minutes 05/28/03 15 (0528) connections to existing utility lines extended to the pad area (sewer lateral, domestic water service, fire water service, storm drain pipes, etc.). (PW) i b. A soils report shall be prepared by a Licensed engineer and submitted for reference only. (PW) c. 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) d. 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) e. 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) f. Design of the site grading and drainage shall take into account and conform to the existing Water Quality Management Plan (WQMP) for the overall Seacliff Village Shopping Center. (PW) g. For Fire Department approval, 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 — Methane District Building Permit Requirements. 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. 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. ZA Minutes 05/28/03 16 (0528) ® b. A corrosion report must be prepared by a qualified person who will determine the sustainability 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) c. All Fire Department requirements shall be noted on the building plans. (FD) d. The Design Review Board shall review and approve the design of the south and west elevation. e. An Application for Lot Line Adjustment to reconfigure the parcel lines shall be submitted with the Planning Department. 4. Prior to issuance of building permits, the following shall be completed: a. Rough grade release shall be approved by the Public Works Inspector. (PW) b. 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. (PW) c. Landscaping materials shall be consistent with the overall theme established for the Seacliff shopping center. (PW) d. The Lot Line Adjustment stated in Condition No. 3-e shall be recorded with the County Recorders Office. 5. The structure cannot be occupied, the final building permit(s) cannot be approved, utilities cannot be released and a Certificate of Occupancy cannot be issued until the following has been completed: a. Complete all improvements as shown on the approved grading and landscape 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) ZA Minutes 05/28/03 17 (0528) 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) e. 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. (FD) g. The project will comply with all provisions of the Huntington Beach Fire Code and Fire Dept. City Specification Nos. 422 and 431 for the abandonment of oil wells and site restoration. (FD) h. The project will comply will all provisions of Huntington Beach Municipal Code Title 17.04.085 and Fire Dept. City Specification No. 429 for new construction within the methane gas overlay districts. (FD) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) k. 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) A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. The system shall provide the following (FD): a) manual pulls; b) water flow, valve tamper and trouble detection; c) 24 hour supervision; and m. All signs shall be in compliance with the Chapter 233 of the Huntington Beach Zoning & Subdivision Ordinance and subject to the requirements of Planned Sign Program No. 98-05. n. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. • ZA Minutes 05/28/03 18 (0528) ® 6. During demolition, grading, site development, and/or construction, discovery of additional contamination/pipelines, etc. must be reported to the Fire Department immediately and the approved work plan modified accordingly. (FD) 7. 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) 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. 03-25 shall not become effective until the ten -calendar day 0 appeal period has elapsed. 2. Conditional Use Permit No. 03-25 shall become null and void unless exercised within one year of the date of final approval which is May 28, 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. 03-25, 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. ZA Minutes 05/28/03 19 (0528) 7. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 8. Park Land In -Lieu Fees shall be paid at issuance of building permits. 9. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Zoning Administrator. 10. 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 11. 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 THE MEETING WAS ADJOURNED AT 1:55 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JUNE 4, 2003 AT 1:30 PM. Mike Strange, Acting Zoning Administrator : rmk 0 ZA Minutes 05/28/03 20 (0528)