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HomeMy WebLinkAbout2004-06-09MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JUNE 9, 2004 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Paul Da Veiga, Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: May 5 and 19, 2004 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1 • CONDITIONAL USE PERMIT NO. 03-62 NALGREEN'S PHARMACY — CONTINUED FROM THE JUNE 2, 2004 MEETING WITH THE PUBLIC HEARING CLOSED) APPLICANT: Brandy Yamamoto, Spear Design Associates, 1228 Avenida Amistad, San Marcos, CA 92069 PROPERTY OWNER: Joseph Lowenstein, 9952 Garfield Avenue, Huntington Beach, CA 92646 REQUEST: To permit the development of a 11,838 square foot Walgreen's Pharmacy within the CG (Commercial General) zone. The proposal includes installation of new landscape planters and new surface parking. LOCATION: 19001 Brookhurst Street. (Southwest corner of Brookhurst Street and Garfield Avenue) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, Staff Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing uses of the requested project. Staff stated that the request was continued from the June 2, 2004, meeting to allow the applicant time to comply with the Zoning Administrator's request for an alternate design that would place the building closer to the corner. Staff presented a review of three alternate site plans that were submitted by the applicant that addressed the building placement. Staff stated that no drawings were submitted by the applicant to address changes to the architecture of the building. Staff stated that the recommendation for denial remains. Staff stated that of the three alternate site plans submitted by the applicant, only one has potential to meet code, but that the layout would not be ideal. Mary Beth Broeren, Zoning Administrator, and staff discussed the original proposed setback • from Garfield Avenue. Ms. Broeren stated that although the item was continued with the public hearing closed, she was going to re -open the public hearing to accommodate new speakers who might wish to present information. THE PUBLIC HEARING WAS RE -OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren and staff discussed the parallel parking, drive -aisle and code requirements. Staff stated that parallel parking is not desirable. Ms. Broeren stated that she would like to hear from the applicant concerning alternate site plans. John Glikbarg, applicant, approached and presented explanations to the three alternate site plans. Mr. Glikbarg presented a fourth alternate plan bringing the building closer to Brookhurst Street, as directed by the Zoning Administrator at the previous meeting. Brandy Yamamoto, applicant, presented photographs of the older Walgreen's prototype and a new standard structure currently located at 36t" and Atlanta, Long Beach, CA. A review and discussion ensued with Ms. Broeren and the applicant concerning the fourth alternate plan. The applicant confirmed that the plans provide for 44 parking spaces, four of which are surplus. Discussion ensued concerning landscape planters adjacent to the building, a parking study, and elimination of excess parking spaces to accommodate expansion of the landscape planter along Garfield Avenue. Ms. Broeren stated that she was going to approve the request. She confirmed that the applicant had been provided with a copy of staff's alternate findings and conditions for approval. She modified staff's alternate suggested findings and conditions for approval as reflected below. CONDITIONAL USE PERMIT NO. 03-62 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 APPROVAL - CONDITIONAL USE PERMIT NO. 03-62: Conditional Use Permit No. 03-62 for the establishment, maintenance and operation of a 11,838 sq. ft. single story, Walgreens Pharmacy with drive -through service will not be detrimental to the general welfare of persons working or residing in the vicinity and to the value of the property and improvements in the neighborhood. The subject property is designated for commercial neighborhood development under the General Plan. The proposed project is consistent with the permitted uses and development standards within this designation. The proposed use will be less intense than the current use of the ZA Minutes 06/09/04 2 (04zm0609) • property as a car wash and service station, and will not have any significant impacts on the adjacent mobile home park based on the limited use of the drive thru, existing block wall, difference in grade between the two land uses, and the proposed distance between the two land uses. 2. The conditional use permit will be compatible with surrounding uses. The property abuts commercial uses to the north, south and east and residential use to the west. The subject site is located approximately six to eight feet higher than the adjacent mobile home park. An existing 12-foot tall combination retaining and block wall separates the two properties and provides adequate noise attenuation from the proposed use. The applicant will be required to record an irrevocable offer for reciprocal vehicular access to the adjacent commercial property to the south to allow for future reciprocal access between commercial properties in compliance with the Zoning Code. 3. The proposed development 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 subject property is identified in the General Plan as a primary entry node to the City and, as such, should provide the highest architectural quality in compliance with the General Plan, HBZSO, and Urban Design Guidelines. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the following goals and policies of the General Plan: LU10.1.4. Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. LU10.1.12. Require that Commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of: c. siting and design of structures to facilitate and encourage pedestrian activity; d. siting of buildings to the street frontage to convey a visual relationship to the street and sidewalks; e. architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations. UD 1.2 Consider establishing, at each significant node, a local center that serves its neighborhood constituency and provides a strong and distinct focal image focal image for the ditrict. The proposed development is in substantial compliance with the Urban Design Guidelines. The siting and design of the proposed structure allows for pedestrian connections between sidewalks and the Walgreens Pharmacy across driveway/parking areas. The proposed architecture provides a prominent entry and incorporates quality materials in its design. ZA Minutes 06/09/04 3 (04=0609) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-62: 0 1. The site plan dated June 9, 2004, and floor plans and elevations received and dated February 12, 2004 shall be the conceptually approved layout with the following modifications: a. The design, colors, and materials for the subject building shall be reviewed by the Design Review Board (DRB) following approval by the Zoning Administrator. The following design standards shall be incorporated into proposed building architecture: 1) Elevations shall incorporate multiple roof planes and/or a variety of roof slopes to reduce the overall mass and bulk of the building and comply with the Urban Design Guidelines. 2) The overall architectural theme shall be unique to the site and surroundings. 3) In order to minimize the overall bulk of the building at the minimum setback line, the building shall incorporate additional offsets and roof elements shall be set back from the fagade of the building in certain locations along the north and east elevations. b. All surplus parking stalls shall be eliminated and additional landscaping shall be provided adjacent to the building and within the parking area. c. Pedestrian walkways consistent with the original site plan dated February 12, 2004 shall be provided for on the revised site plan dated June 9, 2004. d. Prior to submittal for building permits. The applicant shall submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval, and inclusion in the entitlement file to the Planning Department and submit 8.5 inch by 10 inch colored elevations, materials board, and renderings to the Planning Department for inclusion in the entitlement file. 2. Prior to issuance of a grading permit, the following shall be completed, as required: a. The site plan received and dated April 14, 2003 shall be the approved layout except for the following: (PW) 1) The Brookhurst Street driveway shall be located at least 10 feet northerly of the southerly property line, and provide a minimum 10-foot sight distance triangle consistent with the HBZSO Section 230.88. 2) A minimum 10-foot sight triangle must be provided for vehicles at the southwesterly corner of the building. 3) A truck -tracking exhibit, utilizing a WB-50 design vehicle, must be provided to demonstrate that delivery trucks can be accommodated. This truck tracking exhibit must illustrate a truck entering the site, accessing the loading docks and egressing the site. It must be demonstrated that the truck movements will not encroach into opposite directions of roadway traffic nor impact the parking spaces shown. A ZA Minutes 06/09/04 4 (04=0609) truck -tracking exhibit for garbage truck accessing the trash enclosure must also be provided. 3. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released for commencement of use and issuance of a Certificate of Occupancy until compliance with all conditions of approval specified herein are accomplished and verified by the Planning Department. 4. The applicant shall recorder an offer for reciprocal vehicular access to the adjacent commercial property to the south, with the Office of the County Recorder. The location and width of the accessway shall be reviewed and approved by the Planning Department and Public Works Department. The subject property owner shall be responsible for making necessary improvements to implement the reciprocal driveway. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval. A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. The recorded agreement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. 5. The property owner or designated representative shall provide written acknowledgement agreeing to schedule semi-annual "landscaping maintenance walks" with the City Landscape architect to review the quality of the approved landscaping. The first walk shall occur six (6) months after final inspection and approval given at the time of initial occupancy, and shall continue at six (6) month intervals for a period of five (5) years. The quality of continuing maintenance, or lack thereof, will determine whether or not CUP revocation proceedings will begin. If the level of maintenance is inappropriate, but not adequate enough to warrant CUP revocation, the five (5) year time period and semi-annual walks will be extended. 6. 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. 7. 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. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall • defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees ZA Minutes 06/09/04 5 (04zm0609) and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ITEM 2 CONDITIONAL USE PERMIT NO 04-14 (SHOMAKER PATIO WALL AND FIREPLACE) APPLICANT/ PROPERTY OWNER: Allen and Jan Shomaker, 1906 Park Street, Huntington Beach, CA 92646 REQUEST: To permit the construction of a five (5) foot nine (9) inch high patio wall and fireplace within the required 12-foot front yard setback, located nine (9) feet, ten (10) inches from the front property line. LOCATION: 1906 Park Street (east side of Park Street, north of Utica Avenue) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, Staff Planner, displayed project plans and photographs and 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. Staff stated that the Zoning Administrator has approved previous requests for a block wall within the required 12-foot setback provided that quality design, • materials and landscaping were incorporated to soften the effect of the block wall. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, reviewed the project plans and photographs. Ms. Broeren asked the applicant what material would be used to mask the wall. Jan Shomaker, applicant, advised that bushes would be planted in place of the existing vines. Ms. Shomaker further stated that when the existing wall was installed, she was incorrectly advised with respect to the setback requirement. Ms. Broeren stated that she was going to approve the request and asked staff to modify suggested Finding No. 2 as follows: The conditional use permit will be compatible with surrounding uses since the proposed courtyard fence will be constructed of quality, decorative building materials and will be substantially integrated into the design and architecture of the dwelling. The 9-foot 10-inch setback area between the proposed fence and the front property line will be entirely • ZA Minutes 06/09/04 6 (04=0609) landscaped. The conditional use permit, as GOnditio is consistent with previously approved entitlements for fencing within the required front yard setbacks in residential districts. CONDITIONAL USE PERMIT NO. 04-14 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 15303 of the CEQA Guidelines, because the project consists of construction of a small accessory structure on a previously developed site. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04-14: 1. Conditional Use Permit No. 04-14 to permit the construction of a five (5) foot nine (9) inch high patio wall and fireplace within the required 12-foot front yard setback, located nine (9) feet, ten (10) inches from the front property line, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed fence will maintain a 9- foot 10-inch setback from the front property line which allows ample area for landscape material to screen the proposed wall. 2. The conditional use permit will be compatible with surrounding uses since the proposed courtyard fence will be constructed of quality, decorative building materials and will be substantially integrated into the design and architecture of the dwelling. The 9-foot 10-inch setback area between the proposed fence and the front property line will be entirely landscaped. The conditional use permit is consistent with previously approved entitlements for fencing within the required front yard setbacks in residential districts. 3. The proposed Conditional Use Permit No. 04-14 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. The HBZSO permits fences exceeding 42-inches in height within the required front setback, 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 RMH (Residential Medium -High Density) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: L.U. 7.1.2: Require that development be designed to account for the unique characteristics of project sites and objectives for community character as appropriate. L.U. 9.2.1: Require that all new residential developments within existing residential . neighborhoods be compatible with existing structures, including the maintenance of the predominant or median existing front yard setbacks. ZA Minutes 06/09/04 7 (04zm0609) The proposed fence will meet the City's objectives for community character by incorporating quality design and materials (masonry, stucco, decorative caps) and by maintaining a landscaped setback between the proposed fence and the public sidewalk. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 04-14: 1. The site plan, floor plans and elevations received and dated April 29, 2004, shall be the conceptually approved layout. 2. 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. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ITEM 3• ENTITLEMENT PLAN AMENDMENT NO 04-02 (CONDITIONAL USE PERMIT NO 03-49NARIANCE NO. 03-15) (CVS PHARMACY) APPLICANT: Gary Shoeppner, 4010 Watson Plaza Drive, Suite 225, Lakewood, CA 90712 PROPERTY OWNER: Bill Valaika, Valbeach Garfield, LLC, 4770 Campus Drive, Suite 200, Newport Beach, CA 92660 REQUEST: To modify a condition of approval of Conditional Use Permit No. 03-49/Variance No. 03-15 (for the construction of a 13,880 sq. ft. CVS Pharmacy), to require the merger of two parcels within the shopping center in lieu of the merger of all four parcels which comprise the shopping center. LOCATION: 18872 Beach Boulevard (east side of Beach Boulevard, north of Garfield Avenue) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and 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, including modifications to the project plans, as outlined in the executive summary. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. No written or verbal • ZA Minutes 06/09/04 8 (04zm0609) comments were received in response to the public notification. Other City departments suggested no unique conditions for approval. Mary Beth Broeren, Zoning Administrator, and staff reviewed the existing and proposed project plans. Staff stated that the changes to the site plans are minor. THE PUBLIC HEARING WAS OPENED. Gary Shoeppner, 4010 Watson Plaza Drive, Suite 225, Lakewood, CA, applicant, approached the plans and spoke on behalf of the proposed project. Mr. Schoeppner requested that, due to time constraints, suggested Condition of Approval No. 2 be modified to require that the completion of the lot line adjustment and the reciprocal parking and access agreement be contingent upon obtaining the certificate of occupancy. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that when the subject project first came before the Zoning Administrator, the owner at that time wanted the four parcels for flexibility because of financing. She asked if the intent still existed for reciprocal access and parking between all of the properties. Barry Jacobs, 23762 Salvador, Mission Viejo, CA, representing the property owner, confirmed the foregoing statement made by Ms. Broeren. Ms. Broeren stated that she was going to approve the request and asked staff to modify the suggested findings and conditions for approval as follows: FINDINGS FOR APPROVAL — ENTITLEMENT PLAN AMENDMENT NO. 04-02: Entitlement Plan Amendment No. 04-02 to modify a condition of approval of Conditional Use Permit No. 03-49/Variance No. 03-15 (for the construction of a 13,880 sq. ft. CVS Pharmacy), to require the merger of two parcels within the shopping center in lieu of the merger of all four parcels which comprise the shopping center, 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 commercial development is consistent with the General Commercial land use/ zoning designation applied to the property. The project will not generate noise, traffic, parking or other impacts which are inconsistent with the property's General Commercial zoning designation or existing land uses in the surrounding neighborhood. The renlaGerne t of an evicting YaGant building with a new, GentempeFaFy design buildiRg is expeGted to have a positive ;rnpa t OR the value of properly ,n the ViGin,+., change in the number of parcels to be merged does not have any material effect on the project. 2. The proposed project will be compatible with surrounding uses because the project consists of the replacement of a commercial building, within an existing shopping center, on a commercially zoned property, adjacent to existing commercial development of similar nature and intensity. The change in the number of parcels to be merged will not effect the design of the project. The project includes a proposed design for the future exterior ZA Minutes 06/09/04 9 (04=0609) remodel of other buildings existing in the shopping center in order to create a cohesive development. CONDITIONS OF APPROVAL -- ENTITLEMENT PLAN AMENDMENT NO. 04-02: 2. Prior to issuance of building permits, the following shall be completed: a. aA lot line adjustment application" "�,�„-be-filed and approved by the City consistent with the proposed site ^'a^.approved site plan shall be submitted to the Planning Department for processing. b A reciprocal parking and access agreement providing for common use of all driveways, drive aisles and parking spaces located within the shopping center (parcels 1, 2 and 3) shall be submitted for review by the Planning Department and City Attorney. 3. Prior to occupancy of the building/ issuance of a certificate of occupancy, the following shall be completed: a The lot line adjustment form required pursuant to Condition No. 2(a) shall be approved by the City and recorded with the County of Orange. b The reciprocal parking and access agreement required pursuant to Condition No. 2(b), shall be approved by the City and recorded with the County of Orange. 4 Trash compactor operation shall be prohibited between the hours of 9:00 p.m. and 7:00 a.m. Monday through Friday. ENTITLEMENT PLAN AMENDMENT NO. 04-02 (CONDITIONAL USE PERMIT NO. 03-491 . VARIANCE NO. 03-15) 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 15302 of the CEQA Guidelines, because the project consists of the replacement of an existing commercial structure with a new structure of substantially the same size, purpose and capacity. FINDINGS FOR APPROVAL — ENTITLEMENT PLAN AMENDMENT NO. 04-02: Entitlement Plan Amendment No. 04-02 to modify a condition of approval of Conditional Use Permit No. 03-49/Variance No. 03-15 (for the construction of a 13,880 sq. ft. CVS Pharmacy), to require the merger of two parcels within the shopping center in lieu of the merger of all four parcels which comprise the shopping center, 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 commercial development is consistent with the General Commercial land use/ zoning designation applied to the property. The project will not generate noise, traffic, parking or other impacts ZA Minutes 06/09/04 10 (04zm0609) which are inconsistent with the property's General Commercial zoning designation or existing land uses in the surrounding neighborhood. The change in the number of parcels to be merged does not have any material effect on the project. 2. The proposed project will be compatible with surrounding uses because the project consists of the replacement of a commercial building, within an existing shopping center, on a commercially zoned property, adjacent to existing commercial development of similar nature and intensity. The change in the number of parcels to be merged will not effect the design of the project. The project includes a proposed design for the future exterior remodel of other buildings existing in the shopping center in order to create a cohesive development. 3. The proposed project and entitlement plan amendment 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, with the exception of the previously approved variance. The project proposes, and is conditioned to require, lot line adjustments which would render each of three resulting parcels conforming with applicable development standards, including minimum lot size, lot width and landscaping requirements. 4. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG-F1 (Commercial General — 0.35 maximum F.A.R.) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: • LU 10.1.12: Require that Commercial General uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development, including: (e) architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations. 0 ED 2.4: Revitalize, renovate and expand existing Huntington Beach commercial facilities while attracting new commercial uses. The proposed building complies with the City of Huntington Beach Urban Design Guidelines for drive -through and general commercial buildings, including modulation of building volumes, articulation of elevations, screening of drive -through lanes and loading areas, and provision of a canopy at the drive -through pick-up window area. CONDITIONS OF APPROVAL — ENTITLEMENT PLAN AMENDMENT NO. 04-02: 1. The site plan, landscape plan, and trash enclosure/compactor elevations received and dated May 11, 2004 shall be the conceptually approved design. The project shall otherwise be consistent with the plans and elevations received and dated March 5, 2004, and approved by the Zoning Administrator March 24, 2004. ZA Minutes 06/09/04 11 (04=0609) 2. Prior to issuance of building permits, the following shall be completed: a. A lot line adjustment application consistent with the approved site plan shall be submitted to the Planning Department for processing. b. A reciprocal parking and access agreement providing for common use of all driveways, drive aisles and parking spaces located within the shopping center (parcels 1, 2 and 3) shall be submitted for review by the Planning Department and City Attorney. 3. Prior to occupancy of the building/ issuance of a certificate of occupancy, the following shall be completed: a. The lot line adjustment form, required pursuant to Condition No. 2(a), shall be approved by the City and recorded with the County of Orange. b. The reciprocal parking and access agreement, required pursuant to Condition No. 2(b), shall be approved by the City and recorded with the County of Orange. 4. Trash compactor operation shall be prohibited between the hours of 9:00 p.m. and 7:00 a.m., Monday through Friday. 5. All conditions of approval of Conditional Use Permit No. 03-49/Variance No. 03-15 shall remain in effect, except as modified pursuant to Entitlement Plan Amendment No. 04-02. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ITEM 4• CONDITIONAL USE PERMIT NO. 04-07 (ST. BONAVENTURE CHURCH ADDITION APPLICANT: PROPERTY OWNER: REQUEST: LOCATION: PROJECT PLANNER: Daniel D. White, Architects, 1290 E. Center Court Drive, Covina, CA 91724 Bishop of Orange, Attention Bruce Patterson, A Corporation Sole, 2811 E. Villa Real Drive, Orange, CA 92867 To permit construction of (a) a one-story, 5,237 sq. ft. office/multipurpose building in conjunction with an existing elementary school; and (b) a one-story, 642 sq. ft. office and storage room addition to an existing church office building. 16400 Springdale Street (northeast corner of Springdale Street and Heil Avenue) Rami Talleh • • ZA Minutes 06/09/04 12 (04zm0609) Rami Talleh, Staff Planner, displayed project plans and photographs and 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. Staff stated that research from 2000 to the current date reveals that no Code Enforcement complaints are on file with respect to the existing use at the subject site. 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 following addition to the suggested conditions of approval: The previously approved parking management plan and on -site circulation plan (CUP 89-33) shall continue to be implemented. Any modification to the approved plan shall be submitted to the Planning Commission for their review and approval. Staff stated that one telephone call was received from a neighboring property owner concerning a potential increase in traffic. Mary Beth Broeren, Zoning Administrator, reviewed the project plans. Discussion ensued with staff concerning the Design Review Board, parking, and landscaping. THE PUBLIC HEARING WAS OPENED. Dick Booth, 16441 Duchess Lane, neighboring property owner, voiced concerns related to increase in traffic and on -the -street parking. Mr. Booth suggested that the entrance from Springdale Street be restricted and further suggested a traffic -light study. Robert Armstrong, 16382 Bradbury Lane, neighboring property owner, also voiced concerns related to increase in traffic and on -the -street parking. Mr. Armstrong stated that current problems include partial blockage of his driveway by parents when dropping off the school children, and inability to exit his driveway should an emergency arise. He suggested parking by permit only and stated that the faculty does not park on the school grounds Jeff Wong, 16372 Bradbury Lane, neighboring property owner, stated concurrence with Mr. Armstrong and emphasized the on -going problems with the residents' driveways being blocked by the parents while dropping off their children, inability to exit his driveway, and lack of street parking for the residents. He further stated that parking on the school grounds is blocked off in the mornings where the students gather resulting in the faculty parking on the street. Mr. Wong presented photographs of the street showing the parking problems that exist in the morning and also asked that parking be by permit only. Larry Densberger, 16442 Bradbury Lane, neighboring property owner, also voiced concerns related to traffic and parking. Mr. Densberger stated that cars also double park and that the residents have attempted to talk to the parents and the school. Linda Garofalo, 16400 Springdale Street, St. Bonaventure Church, Parish Manager, spoke on behalf of the proposed project and addressed the concerns voiced by the neighboring property • owners. Ms. Garofalo explained how approval of the subject request would alleviate the ZA Minutes 06/09/04 13 (04=0609) current parking problems, specifically by closure of the second entrance, thereby, discouraging parking and drop-offs along the neighboring street. 0 Ms. Broeren reviewed the project plans, in particular, the parking and entrances. Discussion ensued with Ms. Garofalo concerning staff parking and the existing Traffic Management Plan. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren engaged in discussion with Ms. Garofalo concerning relocation of parking, on -site drop-off of students, a student waiting area, and percentage of landscaping. Ms. Broeren confirmed with Ms. Garofalo that their proposed closure of the second entrance would be in compliance with the ADA. Ms. Broeren advised the neighboring property owners that requests to establish permit parking on their street may be filed with the Public Works Department. Ms. Broeren stated that she was going to approve the request with the modifications to the suggested conditions of approval as recommended by staff above. She asked staff to add the following condition: Prior to issuance of the Certificate of Occupancy, the pedestrian gate located adjacent to the northeast corner of the site will be closed off. CONDITIONAL USE PERMIT NO. 04-07 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 CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project consists of an expansion less than fifty (50%) percent of the floor area of the existing facility and is not in an area that is environmentally sensitive. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04-07: Conditional Use Permit No. 04-07 to permit construction of (a) a one-story, 5,237 sq. ft. office/multipurpose building in conjunction with an existing elementary school; and (b) a one-story, 642 sq. ft. office and storage room addition to an existing church office building 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 project will accommodate ancillary office and storage uses and will not result in an expansion or intensification of the principal (religious assembly) use. The additions will 0 ZA Minutes 06/09/04 14 (04zm0609) not result in an increase in demand for on -site parking. All parking stalls lost due to the proposed additions will be replaced elsewhere on the site, as required by conditions of approval. The additions will not be visible from public right-of-ways. 2. The conditional use permit will be compatible with surrounding uses because the proposed office/multipurpose building and storage room addition is ancillary to an existing church and elementary school. The additions are designed to complement the existing structures and will be constructed of materials matching that of the existing structures. The additions will not be visible from the public right-of-way or adjacent residential uses. 3. The proposed office/multipurpose building and storage room addition 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 such as building setbacks, lot coverage, floor area ratio, building height, and parking. 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 P-RL (Public — Residential Overlay) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 13.1: Provide for the continuation of existing and development of new uses, such as governmental, administrative, public safety, human service, cultural, educational, and other uses that support the needs of existing and future residents and businesses. 10 LU 13.1.2: Allow for the continuation of existing and development of new facilities in any land use zone where they are compatible with adjacent uses and subject to City review and approval. The project is consistent with General Plan Land Use goals, objectives and policies which encourage development of a mix of governmental service, institutional, educational, and uses that support the needs of Huntington Beach residents and advocate development of new facilities where they are compatible with adjacent uses. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 04-07: 1. The site plan, floor plans, and elevations received and dated April 16, 2004, shall be the conceptually approved design with the following modifications: a. 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. b. The parking stall located adjacent to the H.O.P.E. addition shall be removed and replaced with sidewalk. c. The parking spaces eliminated due to the proposed addition shall be replaced on -site. 2. During demolition, grading, site development, and/or construction, construction vehicles shall be required to access the site from Springdale Street only. ZA Minutes 06/09/04 15 (04zm0609) 3. Prior to issuance of the Certificate of Occupancy, the pedestrian gate located adjacent to the northeast corner of the site will be closed off. 4. The use shall comply with the written narratives submitted and received on March 10, 2004 and May 24, 2004. 5. The previously approved parking management plan and on -site circulation plan (CUP 89- 33) shall continue to be implemented. Any modification to the approved plan shall be submitted to the Planning Commission for their review and approval. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. THE MEETING WAS ADJOURNED AT 3:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JUNE 16, 2004 AT 1:30 PM. 15 -Be B Ma roeren Zoning Administrator rmk • ZA Minutes 06/09/04 16 (04zm0609)