Loading...
HomeMy WebLinkAbout2003-07-23® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JULY 23, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: June 25, 2003 July 9, 2003 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ® ITEM 1: CONDITIONAL USE PERMIT NO.03-18 (COSMO CENTER APPLICANT: Sean Nourani, 3920 E. Coronado Street, Suite 205, Anaheim, CA 92807 PROPERTY OWNER: A. Amy Moayari, 17822 Beach Boulevard, Suite 343, Huntington Beach, CA 92647 REQUEST: To construct a 10,533 sq. ft. two-story commercial building for retail and general office suites on a 30,703 sq. ft. lot. The application includes a request for four (4) compact parking spaces (totaling 8% of onsite parking). LOCATION: 17811 Beach Boulevard (northwest corner of Beach Boulevard and Ronald Street) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed the project plans and photographs. Staff stated the purpose, location, zoning, and existing uses of the requested project. Staff stated that because the proposed project's architect is out of town, the applicant has requested that the item be continued to the August 6, 2003 meeting. 0 THE PUBLIC HEARING WAS OPENED. • Kathleen Dains, 17751 Beach Boulevard, neighboring property owner, approached the plans and reviewed the aerial photograph to determine the exact location of the subject site in relation to Ronald Drive. Arleen Thatcher, 15162 Yorkshire Lane, neighboring property owner, approached the plans and reviewed the aerial photograph to determine the exact location of the subject site in relation to Ronald Drive. Carol Thatcher, 7941-A Ronald Drive, neighboring property owner, approached the plans and reviewed the aerial photograph to determine the exact location of the subject site in relation to Ronald Drive. Ms. Thatcher voiced a preference for an eight -foot high block wall in lieu of the proposed six-foot height, and stated that blockage of sunlight would not be an issue. Mike Strange, Acting Zoning Administrator, and staff' explained the nature and location of the proposed project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED OPEN. Mr. Strange stated that he was going to continue the item to the August 6, 2003 meeting with no further public notification. 0 CONDITIONAL USE PERMIT NO. 03-18 WAS CONTINUED TO THE AUGUST 6, 2003 MEETING WITH THE PUBLIC HEARING OPEN. ITEM 2: CONDITIONAL USE PERMIT NO. 03-26 (SPRINT WIRELESS COMMUNICATION FACILITY) APPLICANT: Orest Dolyniuk, Novak + Associates, 132 North Maryland Avenue, Glendale, CA 91206 PROPERTY OWNER: Princeland Properties, P.O. Box 3938, Laguna Hills, CA 92654 REQUEST: To establish, maintain, and operate a wireless communication facility consisting of a 55'-0" high monopole designed as a pine tree, and associated ground -mounted equipment. LOCATION: 7372 Prince Drive (Southeast corner of Prince Drive and Gothard Street) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed the project plans and photographs. Staff stated 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. is ZA Minutes 07/23/03 2 (03zm0723) • Staff stated that the Design Review Board recommended approval of the proposed project. Staff' presented reasons for suggested Condition No. I.a stating that the proposed height of 55 feet exceeds the maximum allowable for a general industrial zone. Mike Strange, Acting Zoning Administrator, and staff discussed exceptions to the maximum allowable height. THE PUBLIC HEARING WAS OPENED. Orest Dolynuuk, Novak + Associates, 132 North Maryland Avenue, Glendale, applicant, stated that they have reviewed and agree to the suggested conditions of approval. Mr. Dolynuik urged the Zoning Administrator to approve the request at a height of 55 feet as originally submitted. He further stated that they would be amenable to a 50-foot height if conditioned by the Zoning Administrator. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 03-26 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 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 proposal consists of construction of a small facility which complies with all development standards. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-26: Conditional Use Permit No. 03-26 for the establishment, maintenance and operation of a wireless communications facility consisting of a monopole disguised as a pine tree with twelve (12) antenna arrays and associated equipment cabinets at a height of fifty (50) feet in lieu of the maximum height of forty (40) feet 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 monopole will be disguised as a pine tree and will be located at the rear of the project site thus minimizing potential visual impacts on surrounding properties. In addition, a condition has been placed on the project reducing the height of the ZA Minutes 07/23/03 3 (03zm0723) monopine from fifty-five (55) ft. to fifty (50) ft. to bring the structure in scale with the surrounding industrial buildings. The wireless communication facility will not generate traffic w or other impacts, which would be detrimental to surrounding commercial and residential uses. 2. The conditional use permit will be compatible with surrounding uses because the design and location of the wireless communication facility will enable it to blend in with the existing natural vegetation. Existing trees of similar height will surround the "monopine". In addition other wireless communication facilities have been approved within the vicinity of the same height. The proposed Conditional Use Permit No. 03-26 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 allows wireless communication facilities to exceed the base district height 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 I-F2-d (Industrial — 0.5 maximum F.A.R. — Design Overlay) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. b. UD 2.2: Minimize the visual impacts of oil production facilities and other utilities where they encroach upon view corridors or are visually incompatible with their surrounding uses. c. U 5.1: Ensure that adequate natural gas, telecommunications and electrical systems are provided. d. U.5.1.1: Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. The proposed "monopine" will be a stealth design which will provide for consistency with the Goals and Policies identified above. In addition, the proposed facility will improve wireless communication service in the community. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-26: 1. The site plan, floor plans and elevations received and dated July 9, 2003, and photo simulations dated and received on May 7, 2003, shall be the conceptually approved layout with the following modifications: a. The height of the monopole shall be reduced to fifty (50) feet. b. The number of branches and amount of foliage shall be increased to provide a fuller/denser appearance. Final design shall be reviewed and approved by the Planning Department. • ZA Minutes 07/23/03 4 (03zm0723) c. The trash enclosure shall meet the following requirements to reduce the potential for pollution introduction: (PW) i. Paved with an impervious surface, designed not to allow run-on from adjoining areas, designed to divert drainage from adjoining roofs and pavements diverted around the area, screened or walled to prevent off -site transport of trash; and ii. Provide attached lids on all trash containers that exclude rain, or roof or awning to minimize direct precipitation. iii. Connection of trash area drains to a storm drain system is prohibited. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. The applicant shall submit the following information to the Police Department for review: (Code Requirement) i. All transmit and receive frequencies; ii. Effective Radiated Power (ERP); iii. Antenna height above ground; and iv. Antenna pattern, both horizontal and vertical (E Plane and H Plane). b. The applicant shall provide a recorded copy of the Memorandum of Lease between the property owner and the applicant. (Code Requirement) c. Acceptance of conditions of approval contained herein by the applicant/ facility operator and property owner shall be ensured by recordation of the conditions on the property title. Proof of recordation shall be submitted to the Planning Department. (Code Requirement) d. The applicant shall provide a single point of contact (including name and phone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. (Code Requirement) 4. The final building permit(s) cannot be approved, and utilities cannot be released until the following has been completed: a. The applicant shall submit to the Planning Department a post -installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio 0 equipment. This test will be conducted by the Communications Division of the Orange ZA Minutes 07/23/03 5 (03zm0723) County Sheriff's Department or Division -approved contractor at the expense of the applicant. (Code Requirement) b. Fire extinguishers shall be installed and located in areas to comply with HBFC standards found in City Specification No. 424 — Portable Fire Extinguishers. (FD) c. Address numbers shall be installed to comply with City Specification No. 428 — Premise Identification. (FD) d. Access gates must be secured with KNOX hardware. (FD) 5. The use shall comply with the following: a. At all times, other than during the 24-hour cure period, the applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz radio frequency. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. Failure to cease such operation shall result in automatic suspension of this permit. (Code Requirement) b. To ensure the structural integrity of wireless communication facilities, the owner(s) of the proposed facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. (Code Requirement) • c. The property owner shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the property owner to comply. (Code Requirement) d. All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti - graffiti coating. (Code Requirement) e. The facility shall not bear any signs or advertising devices other than certification, warning, or other required seals of signage. (Code Requirement) 6. Discovery of any contamination/pipelines, etc. during demolition, grading, site development, and/or construction, must be reported to the Fire Department immediately and the approved work plan modified accordingly. (FD) 7. Within thirty (30) days of cessation of operation of the proposed wireless communications facility, the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned, pursuant to the provisions of HBZSO Sec. 230.96, unless: (Code Requirement) a. The City has determined that the operator has resumed operation of the wireless communication facility within six (6) months of the notice; or is ZA Minutes 07/23/03 6 (03=0723) ® b. The City has received written notification of a transfer of wireless communication operators. 8. If the facility is inoperative or unused for a period of six (6) continuous months it shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. (Code Requirement) 9. The operator of the facility and the owners(s) of the property on which it is located shall within thirty (30) days after notice of abandonment is given either (1) remove the facility and restore the premises, or (2) provide the Planning Department with written objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. (Code Requirement) 10. At any time after thirty-one (31) days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable, the City may remove the ® abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. (Code Requirement) 0 11. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. ZA Minutes 07/23/03 7 (03zm0723) 12. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy • of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 03-26 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03-26 shall become null and void unless exercised within one year of the date of final approval which is July 23, 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. 03-26, 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. 40 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. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. • ZA Minutes 07/23/03 8 (03zm0723) ® ITEM 3: VARIANCE NO.03-07 (JACOBS RESIDENCE) APPLICANT/ PROPERTY OWNER: Thom Jacobs, 202 Alabama Street, Huntington Beach, CA 92648 REQUEST: Variance to construct a two-story single-family dwelling with an attached garage at a 10-ft. street -side setback and a 3-ft.-9-in rear - yard setback, in lieu of the code required minimum setbacks of 20 ft. and 74-6-in., respectively. LOCATION: 202 Alabama Street (northeast corner of Alabama Street and Baltimore Avenue) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed the project plans and photographs. Staff stated the purpose, location, zoning, and existing uses of the requested project. Staff stated that the request (as noticed) has been amended and staff recommended that the request be modified as follows: Variance to construct a two-story single-family dwelling with an attached garage at a 10-ft. street -side setback in lieu of the code required minimum setback of 20 ft. Staff stated that the Public Works Department is recommending dedication for street widening purposes based on the City standard curb line radius. However, the corresponding land area has not been calculated by staff. Staff stated that if the required dedication is larger than the calculations provided by the applicant, the project would exceed maximum lot coverage and consequently would need to be redesigned in order to comply with code. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary and with the modification to the request as recommended above. Staff stated that no written or verbal comments were received in response to the public notification, and members of the public reviewed the project plans at the zoning counter. THE PUBLIC HEARING WAS OPENED. Thom Jacobs, 202 Alabama Street, applicant, addressed the recommended dedication. Mr. Jacobs raised concerns related to Condition No. 3.a.i, ii, iii, and vii concerning a sidewalk, ADA compliant access driveway and ramp, and removal of an existing palm tree. Mike Strange, Acting Zoning Administrator, addressed Mr. Jacobs' concerns and a general discussion ensued. Mr. Strange discussed the possibility of a bond for the installation of the sidewalk at a later date. ® THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes 07/23/03 9 (03=0723) Mr. Strange stated that he was going to approve the request. Mr. Strange asked staff to modify • suggested Condition No. 3.a as follows: 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. The following public improvements shall be shown on the plan. A bond may_.be,substituted_for_construction_of improvements. in accordance with HBZSO_Section 230.8401, if determined to be appropriate by_ the Department of Public Works: _(PW) VARIANCE NO. 03-07 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 15303/15305 of the CEQA Guidelines, because the project consists of the construction of one single-family dwelling, in replacement of an existing single-family dwelling to be demolished, in conjunction with a minor setback variance which will not result in any changes in land use or density. FINDINGS FOR APPROVAL - VARIANCE NO. 03-07: The granting of Variance No. 03-07 to construct a two-story single-family dwelling with an attached garage at a 10-ft. street -side setback in lieu of the code required minimum setbacks of 20 ft. will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The project site is located in the RMH-A (Residential Medium -High Density — Small Lot) zoning district. The Huntington Beach Zoning & Subdivision Ordinance requires, in the RMH-A zoning district, provision of two enclosed parking spaces in conjunction with the proposed three bedroom single-family dwelling; with no additional driveway/open parking spaces. The 20-foot front - entry garage setback is required by the HBZSO in order to allow adequate driveway depth for parking on the driveway. The granting of the requested variance will not be inconsistent with the limitations places on other properties under identical zoning classification since three bedroom dwellings in the RMH-A zoning district are typically not required to provide on -site driveway parking above and beyond the required two -car garage parking spaces. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found ZA Minutes 07/23/03 10 (03zm0723) ® to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The project site is not located along an alley, as is typical of parcels in the RMH-A zoning district, and consequently is not afforded access to the proposed garage via an alley. As a result, the strict application of the zoning ordinance would require a garage setback such that two parking spaces not otherwise required based on HBZSO parking standards would be required on site, thus depriving the property owner of land area for construction of habitable space. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The proposed 20-ft. garage street -side setback would deprive the property owner of the right to develop the property in accordance with the minimum on -site parking requirements, since a 20-ft. street -side garage setback would serve only to provide for two on -site open parking spaces in excess of that required by the HBZSO. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The required street -side yard setback in the RHM-A zone for all structures expect front -entry garages is five feet. The requested variance would allow for a 10-ft. street -side yard setback for the proposed garage. Accordingly, the proposed garage will be setback five feet beyond the typical street -side setback in the RMH-A zone, thus maintaining compatibility with street -side setback in the surrounding neighborhood. In addition, the proposed garage will be setback to provide the minimum required vision clearance at the intersection of the driveway (to the garage) and the public sidewalk, thus ensuring no impacts to public safety from vehicles exiting the garage. The project site will provide on -site parking in accordance with the requirements of the HBZSO, in addition to the on -street parking provided along the property's two street frontages, thereby ensuring no parking -related impacts. The requested variance will not impact privacy on adjoining residences since the proposed garage encroaches into a street - side setback. 5. The granting of the variance is consistent with the General Plan including the following policies: LU 9.2.1 Require that all new residential development within existing residential neighborhoods (i.e., infill) be compatible with existing structures, including the: a. maintenance of the predominant or median existing front yard setbacks; b. maintenance of privacy on abutting residences. The proposed 10-ft. street -side garage setback will compatible with the 5-ft. street side setback required in and typical of the RMH-A zoning district. The variance will allow for encroachment into the street -side setback and consequently will have no detrimental impact to privacy on abutting residences. ZA Minutes 07/23/03 11 (03zm0723) CONDITIONS OF APPROVAL — VARIANCE NO.03-07: 1. The site plan, floor plans and elevations received and dated July 15, 2003, shall be the conceptually approved layout with the following modifications: a. The porch cover post shall be setback a minimum of 5 feet from the street -side (south) property line, as required per HBZSO Section 230.08(E). The minimum street -side setback for the porch cover shall be 30", as provided for in HBZSO Section 230.68 (eave projection). b. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. 2. Prior to issuance of demolition permits, the following shall be completed: a. The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCB's. These requirements include but are not limited to: survey, identification of removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. b. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. The City of Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the Notification procedures have been completed. c. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. d. All facets of the project related to historic preservation shall be reviewed and approved by the City of Huntington Beach. The applicant shall provide 45 days written notice to the City of Huntington Beach Historic Resources Board informing them of such activity. The Board may relocate, fully document and/or preserve significant architectural elements. The applicant/property owner shall not incur any costs associated with moving or documenting the structure by the Board. 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. The following public improvements shall be C� 0 ZA Minutes 07/23/03 12 (03=0723) ® shown on the plan. A bond my be substituted for construction of improvements in accordance with HBZSO Section 230.84(d)3, if determined to be appropriate by the Department of Public Works: (PW) Sidewalk along the Alabama Street and Baltimore Avenue frontages, per City Standard Plan No. 207. ii. The existing driveway approach along the Baltimore Avenue frontage shall be removed and replaced with an ADA compliant driveway per City Standard Plan No. 209. The existing curb and gutter shall be removed and replaced per City Standard Plan No. 202 as necessary for the new driveway approach construction. iii. An ADA compliant access ramp per City Standard No. 212 at the northeast corner of Alabama Street and Baltimore Avenue, along with a new 25-foot radius curb return. iv. New sewer lateral connection to the existing public sewer main in the street per City Standard Plan Nos. 507 and 516. If the new lateral is not constructed at the same location as the existing lateral, then the existing lateral shall be removed or severed and capped at the main. v. 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 1-inch in size. vi. The existing domestic water service and meter shall be abandoned per Water Division ® standards. vii. 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). b. A soils report, prepared by a Licensed Engineer, shall be submitted for reference only. (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) A detailed soils analysis shall be prepared by a Licensed Soils Engineer and submitted with the building permit application. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (BD) d. An engineering geologist shall be engaged to submit a report indicating the ground surface ® acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the ZA Minutes 07/23/03 13 (03zm0723) geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) Prior to issuance of building permits, the following shall be completed: a. Dedicate a 15-foot radius corner cut-off easement at the intersection of Alabama Street and Baltimore Avenue for public street purposes. (PW) b. A Precise Grading Permit shall be issued by the Department of Public Works. (PW) 6. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released until the following has been completed: a. All public infrastructure per the approved plans. b. Overhead utility lines shall be replaced with underground lines from their connections onsite to the nearest pole(s) in the street or alley. c. Address numbers shall be installed on structures to comply with Fire Department City Specification 428-Premise Identification. Number sets may be required on front and side of the structure. (FD) d. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. e. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. • 7. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (PW) b. 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) c. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) d. 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) 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 is ZA Minutes 07/23/03 14 (03=0723) 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 REOUIREMENTS: 1. Variance No. 03-07 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Variance No. 03-07 shall become null and void unless exercised within one year of the date of final approval which is July 23, 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 Variance No. 03-07, 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. State -mandated school impact fees shall be paid prior to issuance of building permits. 8. Park fees shall be paid prior to or at issuance of building permits. 9. An encroachment permit shall be required for all work within the right-of-way. (PW) 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays ZA Minutes 07/23/03 15 (03zm0723) THE MEETING WAS ADJOURNED AT 2:05 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JULY 30, 2003 AT 1:30 PM. Mike Strange, Acting Zoning Administrator :rmk s U ZA Minutes 07/23/03 16 (03zm0723)