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HomeMy WebLinkAbout2003-06-11® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JUNE 11, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Scott Hess, Acting STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO.03-14 (HOIST BLOCK WALL — CONTINUED FROM THE APRIL 30, 2003 MEETING WITH THE PUBLIC HEARING OPEN APPLICANT/ PROPERTY OWNER: Marcia Hoist, 804 Huntington Street, Huntington Beach, CA 92648 REQUEST: To allow an existing 40" high retaining wall at the front property line in lieu of the maximum allowed height of 18" and allow an existing maximum 40" high retaining wall along the street side property line in lieu of the maximum allowed height of 24". LOCATION: 802 Huntington Street (southeast corner of Huntington Street and Hartford Avenue) 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 request was continued from the April 30, 2003 meeting in order to correct an error in the public hearing notice. Staff explained that a permit to build the proposed retaining walls was issued in error and that the final building inspection is pending action on this conditional use permit request. Staff stated that because the permit was issued in error, fees for this conditional use permit have been waived. 18 Staff reviewed Conditions No. La, Lb and 2 and stated reasons as to why the applicant is not in favor of the aforementioned conditions. Staff presented the details of a written communication faxed by the applicant on June 10, 2003. is The faxed letter stated the applicant's position for opposing stars modifications to the request as originally submitted. One letter of support was received from a neighboring property owner. No other written or verbal comments were received in response to the public notification. Scott Hess, Acting Zoning Administrator, reviewed the plans with staff and a discussion ensued. THE PUBLIC HEARING WAS OPENED. Marcia Hoist, 804 Huntington Street, applicant, came forward and presented pictures of the wall with landscaping. Ms. Hoist opposed staffs recommended modifications to the request based upon added financial hardship. She urged the Zoning Administrator's approval as submitted. Sandy Jordan, 803 Huntington Street, neighboring property owner, spoke in favor of the request. Robert Collins, 804 Huntington Street, neighboring property owner, opposed staffs suggested modifications. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Hess reviewed a copy of the original building permit and stated that he visited the subject site. Mr. Hess presented reasons for supporting staffs suggested conditions of approval and explained the intent of the code governing Conditions No. l.a and b. He stated that he was going to approve the request as recommended by staff. Discussion ensued with the applicant concerning the applicant's statement that the City should pay for the changes to the existing wall. Mr. Hess advised that land use and zoning issues were the purpose for today's hearing. He referred the applicant to the City's Risk Management office to resolve financial claims with the City. CONDITIONAL USE PERMIT NO. 03-14 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 15301of the CEQA Guidelines, because the project consists of minor modifications to existing topographical features. i ZA Minutes 06/11/03 2 (03zm0611) ® FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.03-14: Conditional Use Permit No. 03-14 to allow an existing 40" high retaining wall at the front property line in lieu of the maximum allowed height of 18" and allow an existing maximum 40" high retaining wall along the street side property line in lieu of the maximum allowed height of 24" 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 in that the retaining the walls are designed with decorative materials and are consistent with other block walls in the neighborhood. The retaining walls do not obstruct visibility within the visibility triangle at the street intersections. In addition, a condition imposed on the project will require a landscaped planter be provided at the southwest corner of the site to soften the appearance of the wall at the street intersection. 2. The conditional use permit will be compatible with surrounding uses because adjacent single family dwellings are developed with retaining walls and screen walls along the front and side property lines at the same height or even higher. 3. The proposed Conditional Use Permit No. 03-14 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. In addition, any specific condition required for the proposed use in the district in which it would be located. The HBZSO authorizes deviations from the fence height restrictions subject to approval of a Conditional Use Permit. 4. The granting of this conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low -Density (RL) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 9.2.1: Require that new development within existing residential neighborhoods be compatible with existing structures, including: - Maintenance of the predominant or median existing front yard setback and; - Use of complementary building materials, colors, and forms, while allowing flexibility for unique design solutions. b. UD 1.3.5: Require that privately developed walls make a positive visual contribution to the public streetscape including provisions for plant material enhancements such as vine pockets or decorative plantings, and design features such as sculptured or textured masonry units. The proposed wall will be designed with decorative split face block. The retaining wall will be consistent with other block walls in the neighborhood. Landscaping will be provided at the top of the retaining wall. A condition imposed on the project will require a landscaped planter be provided at the southwest corner of the site to soften the appearance of the wall at the street intersection. ZA Minutes 06/11/03 3 (03zm0611) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-14: • 1. The site plan, floor plans, and elevations received and dated March 3, 2003, shall be the conceptually approved layout with the following modifications: a. A landscaped planter as depicted in Exhibit A, dated June 3, 2003, shall be provided at the southwest corner of the property. b. A three (3) foot wide strip of landscaping shall be provided at the top of the retaining wall along the front and side property line. The landscaping within the said area shall be different from the rest of the landscaping on the site to serve as a visual and physical barrier blocking access to edge of the retaining wall. 2. Within the required 25 five foot visibility triangle at the intersection of Huntington Street and Hartford Avenue, all walls, landscaping, and other visual obstructions shall be no higher than 42 inches as measured from the adjacent curb elevation. 3. Building permits shall be finaled for the retaining wall. 4. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 5. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 03-14 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03-14 shall become null and void unless exercised within one year of the date of final approval which is June 11, 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. 03-14, 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 06/11/03 4 (03=0611) ® 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. 0 5. 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. 6. 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. 7. An encroachment permit shall be required for all work within the right-of-way. (PW) 8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. ITEM 2: CONDITIONAL USE PERMIT NO.03-12 (PUMP IT UP) APPLICANT: Blu-Wise Management, LLC, Mark and Lynn Blueweiss, 23052 Alicia Parkway H4445, Mission Viejo, CA 92692 PROPERTY OWNER: M. Westland, LLC, 13070 Old Bolsa Chica Road, Westminster, CA 92683 REQUEST: To establish, maintain, and operate a commercial recreation establishment consisting of a children's activity center for private birthday parties. The activity center will contain up to four (4) large inflatable attractions (i.e. bounce houses) within an existing 5,858 sq. ft. industrial unit. LOCATION: 16351 Gothard Street, Suite C (northwest corner of Gothard Street and Heil Avenue) 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 presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary in particular Finding No. 1 concerning parking. ZA Minutes 06/11/03 5 (03=0611) THE PUBLIC HEARING WAS OPENED. Lynn Blueweiss, 23052 Alicia Parkway H4445, Mission Viejo, applicant, spoke on behalf of the • proposed project. Ms. Blueweiss stated that they conducted a public survey concerning the proposed project with favorable responses. Scott Hess, Acting Zoning Administrator, engaged in discussions with the applicant concerning the contracting of food and beverages and the fact that the facility will be available by reservation only. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Hess asked what purpose the second floor would serve and the applicant responded for an office only. Mr. Hess stated that he was going to approve the request with the following modification to the suggested conditions of approval: Condition No. 4.c: c. Only the uses described in the narrative received and dated on February 25, 2003, shall be permitted. Parties shall be by appointment/reservation only. • Delete Condition No. 5 CONDITIONAL USE PERMIT NO. 03-12 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 15303 of the CEQA Guidelines, because the project consists of the conversion of a small structure, less than 10,000 sq. ft. in floor area, from one use to another. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-12: 1. Conditional Use Permit No. 03-12 for the establishment, maintenance and operation of a commercial recreation establishment consisting of a children's activity center for private birthday parties containing up to four (4) large inflatable attractions (i.e. bounce houses) • ZA Minutes 06/11/03 6 (03=0611) within an existing 5,858 sq. ft. industrial unit 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 industrial zoning applicable to the subject property. Furthermore, based on data obtained from existing activity centers, the number of parking spaces generated by the use will be consistent with the parking requirements for manufacturing uses, 1 space per 500 sq. ft. In addition, a majority of the events held at the children's activity center will take place after business hours, after 5 PM on weekdays and all day weekends. Therefore the highest demand for parking occurs when most of the businesses within the business park are closed. 2. The conditional use permit will be compatible with surrounding uses because the children's activity center would be conducted wholly within the unit. Potential noise impacts would be negligible since the unit is surrounded by industrial uses, which usually generate greater noise levels. The proposed Conditional Use Permit No. 03-12 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. In addition, any specific condition required for the proposed use in the district in which it would be located. The IG (Industrial General) zone allows commercial recreational uses including children's activity centers with approval of a conditional use permit. ® 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Industrial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: RCS 1: Enrich the quality of life for all citizens of Huntington Beach by providing constructive and creative leisure opportunities. RCS 1.1 Encourage recreational opportunities unique to Huntington Beach, which will enhance visitation and economic development 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. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-12: The site plan, floor plans, and elevations received and dated February 25, 2003 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits ZA Minutes 06/11/03 7 (03=0611) (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. All Fire Department requirements shall be noted on the building plans. (FD) 3. The structure cannot be occupied, the final building permit cannot be approved, and a Certificate of Occupancy cannot be issued until the following has been completed: a. Automatic sprinkler systems shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) b. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) c. 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) d. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) e. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following (FD): a) manual pulls; b) water flow, valve tamper and trouble detection; c) 24 hour supervision; and d) voice communication. 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) 4. 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. Hours of operation shall be limited to between 9:30 am to 10:00 pm Monday through Sunday. c. Only the uses described in the narrative received and dated on February 25, 2003, shall be permitted. Parties shall be by appointment/reservation only. 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 0 ZA Minutes 06/11/03 8 (03=0611) 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. 6. 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. 03-12 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03-12 shall become null and void unless exercised within one year of the date of final approval which is June 11, 2003, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 03-12, 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. 0 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 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. ZA Minutes 06/11/03 9 (03=0611) 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. • ITEM 3• TENTATIVE PARCEL MAP NO. 2003-126 (HAYNES PROPERTY SUBDIVISION) APPLICANT: Ron Cuha, 8700 Warner Avenue, Suite 240, Fountain Valley, CA 92708 PROPERTY OWNER: Clarence Haynes, 1025 12th Street, Huntington Beach, CA 92648 REQUEST: To subdivide one (1) existing 5,750 sq. ft. parcel into two (2) 2,875 sq. ft. parcels. LOCATION: 916 Acacia Avenue (northeast side of Acacia Avenue between 9th and 10th Streets) 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 history of the subject site and adjacent parcels as related to problems limiting garage access from an alley. Staff stated that because the General Plan encourages garage access from an alley, the applicant attempted to contact the adjacent property owners in an attempt to purchase the properties and bring the properties into compliance with the intent of the General • Plan. Staff stated that alternatives were considered in order to address concerns related to loss of landscaping in the front and loss of on -street parking, but were restricted by code requirements. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. Several inquires were received from the public concerning the project and privacy issues. One letter was received concerning loss of street parking and driveway width. No other written or verbal comments were received in response to the public notification. Scott Hess, Acting Zoning Administrator, reviewed the conceptual plans. A discussion ensued concerning comments received from the Department of Public Works regarding loss of on -street parking, width of the house and driveway, and garage access. THE PUBLIC HEARING WAS OPENED. Ron Cuha, 8700 Warner Avenue, Suite 240, Fountain Valley, applicant, stated that they have no problem with the design presented by staff as a potential alternative to the proposed design. CJ ZA Minutes 06/11/03 10 (03zm0611) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Hess stated that he was going to approve the request and asked staff to modify the suggested findings for approval as follows: Add Finding No. 5: Vehicular access to the site will be from Acacia Avenue because there is no alley access. It should be noted that the applicant made an effort to contact both adjacent property owners to purchase the parcels in order to possibly reorient access to the property from the alley. However, according to the applicant, the adjoining property owners did not respond to the request. TENTATIVE PARCEL MAP NO.2003-126 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED 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: j& 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 15315 of the CEQA Guidelines, because the project consists of the creation of less than four (4) parcels in conformance with the General Plan and Zoning requirements. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 2003-126: 0 1. Tentative Parcel Map No. 03-126 for the subdivision of an existing 5,750 sq. ft. parcel into two 2,875 sq. ft. parcels is consistent with the General Plan Land Use Element designation of Residential Medium High Density on the subject property. The proposed subdivision complies with all applicable code provisions of the Subdivision Map Act and the HBZSO. 2. The site is physically suitable for the type and density of development. The site is currently developed with a duplex that will be demolished prior to recordation of the map. The proposed two -lot subdivision will comply with all applicable code provision of the HBZSO including the minimum parcel size of 2,500 sq. ft. as required by the RMH-A (Residential Medium High Density — Subdistrict A) zoning district. The proposed subdivision complies with the City's Standard Engineering Specifications for improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection. ZA Minutes 06/11/03 11 (03=0611) 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The site is currently developed with a duplex and does not serve as habitat for either fish or wildlife. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. There are not currently any existing easements on the site. 5. Vehicular access to the site will be from Acacia Avenue because there is no alley access. It should be noted that the applicant made an effort to contact both adjacent property owners to purchase the parcels in order to possibly reorient access to the property from the alley. However, according to the applicant, the adjoining property owners did not respond to the request. CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO.2003-126: 1. The tentative parcel map for the subdivision of an existing 5,750 sq. ft. parcel into two 2,875 sq. ft. parcels received and dated February 14, 2003 shall be the approved layout. 2. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the . provisions of the Subdivision Map Act. (PW) a. A reproducible mylar copy and print of the final parcel map shall be submitted to the Department of Public Works at the time of recordation. b. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following items: 1) Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. 2) Provide a digital -graphics file of said map to the County of Orange. c. Provide a digital -graphics file of said map to the City per the following criteria: i. Design Specification: 1) Digital data shall be full size (1: 1) and in compliance with the California coordinate system — STATEPLANE Zone 6 (Lambert Conformal Conic projection), NAD 83 datum in accordance with the County of Orange Ordinance 3809. 2) Digital data shall have double precision accuracy (up to fifteen significant digits). 3) Digital data shall have units in US FEET. • ZA Minutes 06/11/03 12 (03=0611) ® 4) A separate drawing file shall be submitted for each individual sheet. 5) Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names, pen color and layering conventions. 6) Feature compilation shall include, but shall not be limited to: Assessor's Parcel Numbers (APN), street addresses and street names with suffix. ii. File Format and Media Specification: 7) Shall be in compliance with the following file format: ➢ AutoCAD (version 13 or later) drawing file: _.DWG 8) Shall be in compliance with the following media type: ➢ CD Recordable (CD-R) 650 Megabytes 3. Prior to issuance of building permits the following shall be completed: a. The final map shall be recorded with the County of Orange. b. A Certificate of Insurance shall be filed with the Public Works Department and approved as to Form by the City Attorney. 4. The following public improvements shall be shown for construction on plans prepared by a Licensed Civil Engineer: a. Removal of the existing curb and gutter, driveway approach and sidewalk along the Acacia Avenue frontage, and replacement with curb and gutter, sidewalk and a driveway approach for each new parcel in accordance with current City of Huntington Beach standards. b. A new sewer main in Acacia Avenue extending in a northwesterly direction from the existing main in the alley immediately northeasterly (paralleling) of 10`h Street, including separate sewer laterals to serve each of the two new parcels being created. c. A new water main (minimum 8-inch diameter) in Acacia Avenue connecting between the existing 6-inch diameter main in the alleys immediately northeasterly and southwesterly (paralleling) of 10`h Street, a length of approximately 330 feet. d. Separate water services and meters for each of the two new parcels being created, installed per Water Division standards and sized to meet the minimum requirements set by the California Plumbing Code (CPC) and Uniform Fire Code (UFC) if sprinklers are required in structures. Each domestic water service shall be a minimum of one -inch in size. e. Abandonment of the existing water service(s) and meter(s) along Acacia Avenue per Water Division standards. ZA Minutes 06/11/03 13 (03zm0611) f. A backflow protection device for each water service if a proposed structure on the parcel • will have a habitable floor and/or plumbing fixtures that are 20 feet or more above the lowest curb elevation along the parcel frontage. g. New electrical, telephone and cable TV utility services for each new parcel shall be placed underground from the nearest pole or overhead line. 5. All improvement securities (Faithful Performance, Labor and Materials and Monument Bonds) and a Subdivision Agreement shall be posted with the Public Works Department and approved as to form by the City Attorney if it is desired to record the parcel map before completion of the required public improvements. INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE PARCEL MAP NO. 2003-126: 1. Tentative Parcel No. 2003-126 shall not become effective until the ten calendar day appeal period has elapsed. 2. Tentative Parcel No. 2003-126 shall become null and void unless exercised within two (2) years of the date of final approval which is June 11, 2005. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date. 3. 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. 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to map recordation. (PW) 5. The applicant shall submit a check in the amount of $43 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. 6. 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. 0 ZA Minutes 06/11/03 14 (03zm0611) ® ITEM 4• TEMPORARY USE PERMIT NO. 03-01 (TRADING POST PARKING LOT TRUCK -TRAILER DISPLAY APPLICANT: David Christiansen, 6952 Warner Avenue, Huntington Beach, CA 92647 PROPERTY OWNER: Christ Trust c/o Paul D. Christ, P.O. Box 9757, Newport Beach, CA 92658-9757 REQUEST: To permit the temporary display of a truck trailer in a shopping center parking lot for up to 41 days per year, for five years (2003- 2007), as part of a special sales promotion for the Trading Post retail store. LOCATION: 6952 Warner Avenue (southwest corner of Warner Avenue and Goldenwest Street) 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 presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary, in particular suggested Condition No. 2.a. ® Staff stated that a call was received from the shopping center's property management office urging the Zoning Administrator's denial based upon loss of parking, aesthetic and CC&Rs. One call was received from the owner of a parcel in the shopping center expressing concerns related to parking. Staff suggested potential conditions of approval, which may address the concerns of those opposed, including relocation of the trailer. 0 Scott Hess, Acting Zoning Administrator, and staff reviewed the plans and a discussion ensued. THE PUBLIC HEARING WAS OPENED. Gil Schauer, 6952 Warner Avenue, Trading Post President, spoke on behalf of the proposed project, requested a maximum of 41 days per calendar year, and urged the Zoning Administrator's approval of the request as originally submitted. Mr. Hess confirmed with Mr. Schauer that only a trailer would be used for the sales and not a tent. Christ Trust c/o Paul D. Christ, P.O. Box 9757, Newport Beach, property owner, stated concurrence with the proposed project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes 06/11/03 15 (03zm0611) Mr. Hess confirmed with staff that no complaints have been filed with the City's Code • Enforcement Division during the Trading Post's previous operation under a temporary use permit. Discussion ensued concerning: ■ A separate permit for use of a banner. ■ The maximum number of days per year. ■ The location of the trailer. Mr. Hess stated that he was going to approve the request with the following modifications to the suggested findings and conditions of approval: Finding No. 2: Approval of the application to permit the temporary display of a truck trailer in a shopping center parking lot will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. The proposed displacement of five parking stalls within the shopping center for a period not to exceed 41 days per year will have a less than significant impact since five stalls represents less than 2% of the parking spaces existing in the shopping center. The display will not interfere with pedestrian or vehicular access to or within the center. No complaints regarding the truck trailer display previously authorized at this location by temporary use permit have been received by the Code Enforcement division in the previous five years. Condition No. 1: The trailer shall be parked at the location designated "Site No. 1" on the aerial photograph titled 'Exhibit A" and maintained in case file TUP No. 03-01; or at "Site No. 2" upon submittal of signature authorization by the corresponding property owner to the Planning Department. Condition No. 2. a: The temporary display shall be limited to a maximum of 41 days per calendar year and a maximum of 17 consecutive days followed by a minimum interlude of 5 days. A schedule for the proposed display shall be submitted for review and approval by the Planning Department. A copy of the stamped approved schedule shall be posted on the trailer at all times during the display event. Delete the first bulleted item under Condition No. 2.b, which reads as follows: ■ outdoor storage or display of merchandise, signs, banners, sales flyers, etc, with the exception of the proposed trailer and painted signage as depicted in the photograph of the proposed trailer received and dated May 5, 2003. is ZA Minutes 06/11/03 16 (03zm0611) TEMPORARY USE PERMIT NO. 03-01 WAS APPROVED BY THE ZONING ® ADMINISTRATOR WITH THE FOLLOWING MODIFIED 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 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 15311 of the CEQA Guidelines. Section 15311 states that placement of temporary use items accessory to existing commercial facilities in the same location from time to time are exempt from provisions of CEQA. FINDINGS FOR APPROVAL - TEMPORARY USE PERMIT NO. 03-01: 1. The proposed temporary use will be located, operated and maintained in a manner consistent with the provisions of Chapter 241 of the Zoning & Subdivision Ordinance and the following General Plan policy: ED 2.2.3: Promote Huntington Beach businesses to increase their visibility and local patronage. 2. Approval of the application to permit the temporary display of a truck trailer in a shopping center parking lot will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. The proposed displacement of five parking stalls within the shopping center for a period not to exceed 41 days per year will have a less than significant impact since five stalls represents less than 2% of the parking spaces existing in the shopping center. The display will not interfere with pedestrian or vehicular access to or within the center. No complaints regarding the truck trailer display previously authorized at this location by temporary use permit have been received by the Code Enforcement division in the previous five years. CONDITIONS OF APPROVAL — TEMPORARY USE PERMIT NO. 03-01: The trailer shall be parked at the location designated "Site No. V on the aerial photograph titled 'Exhibit A" and maintained in case file TUP No. 03-01; or at "Site No. 2" upon submittal of signature authorization by the corresponding property owner to the Planning Department. 2. The use shall comply with the following: a. The temporary display shall be limited to a maximum of 41 days per calendar year and a maximum of 17 consecutive days followed by a minimum interlude of 5 days. A schedule for the proposed display shall be submitted for review and approval by the Planning ZA Minutes 06/11/03 17 (03=0611) Department. A copy of the stamped approved schedule shall be posted on the trailer at all times during the display event. • b. The following uses shall be prohibited: ■ outdoor sales ■ temporary outdoor lighting Parking lot drive aisles and fire access lanes, as determined by the Fire Department, shall be maintained at full width at all times. If fire lane violations occur and the services of the Fire Department are required, the applicant shall be liable for expenses incurred. (FD) 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. 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 REOUIREMENTS: • 1. Temporary Use Permit No. 03-01 shall not become effective until the ten calendar day appeal period has elapsed. 2. The Zoning Administrator reserves the right to revoke Temporary Use Permit No. 03-01, 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. 3. 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. 4. 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. 5. Live entertainment or outdoor dining is not permitted unless a conditional use permit for this specific use is reviewed and approved. • ZA Minutes 06/11/03 18 (03=0611) 6. Alcoholic beverage sales are not allowed unless a conditional use permit for this particular ® use is reviewed and approved. • • THE MEETING WAS ADJOURNED AT 2:35 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING DMINISTRATOR ON WEDNESDAY, JUNE 11, 2003 AT 1:30 PM. -- if Scott Hess, Acting Zoning Administrator :rmk ZA Minutes 06/11/03 19 (03zm0611)