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HomeMy WebLinkAbout2004-11-17• MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, NOVEMBER 17, 2004 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Jason Kelley, Paul Da Veiga, Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: TENTATIVE PARCEL MAP NO. 2004-223 (HBK INVESTORS SUBDIVISION) APPLICANT/ PROPERTY OWNER: HBK Investors, LLC, 1146 21st Street, Manhattan Beach, CA • 90266 REQUEST: To permit the subdivision of one 5,875 sq. ft. lot (50' wide by 117.50' deep) into two 2,875 sq. ft. (approx.) lots (25' wide by 115' deep after dedications) in the RMH-A zoning district. LOCATION: 521 11th Street, Huntington Beach (west side of 11th Street, south of Acacia Avenue) PROJECT PLANNER: Jason Kelley Jason Kelley, 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 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 comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TENTATIVE PARCEL MAP NO. 2004-223 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 15315 of the CEQA Guidelines, because the project consists of the division of property in an urbanized area zoned for residential use into four or fewer parcels, in conformance with the General Plan and zoning, with no variances or exceptions required; and with all services and access to the proposed parcels available. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 2004-223: Tentative Parcel Map No. 2004-223 for the subdivision of one 5,875 sq. ft. lot (50' wide by 117.50' deep) into two 2,875 sq. ft. (approx.) lots (25' wide by 115' deep after required dedications) 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 provisions of the Subdivision Map Act and the HBZSO and is consistent with previous subdivisions in the surrounding neighborhood. The project includes demolition of the existing residential structure and detached garage and will provide for the future development of two new single-family dwellings, in accordance with applicable land use, density and development standards. 2. The site is physically suitable for the type and density of development allowed by the corresponding zoning designation. Although no development is proposed at this time, the site is currently developed with a single-family dwelling and a detached garage to be demolished. 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. and minimum lot width of 25 feet, as required in the RMH-A (Residential Medium High Density — Small Lot) zoning district. The proposed lots are level, rectangular and present no significant constraints to development. The site is accessible from an existing public street and all necessary public utilities and services are available. 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 subdivision is proposed for a property previously developed for residential use. The site does not serve as habitat for 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. No easements acquired by the public at large for access through or use of the property exist within the proposed subdivision. CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO. 2004-223: 1. The Tentative Parcel Map No. 2004-223 for the subdivision of one 5,875 sq. ft. lot (50' wide by 117.50' deep) into two 2,875 sq. ft. (approx.) lots (25' wide by 115' deep after dedications) received and dated September 7, 2004, shall be the approved layout. ZA Minutes 11/17/04 2 (04zm1117) C] 0 2. The following conditions shall be completed prior to recordation of the final map: a. A 2.5-foot wide right-of-way easement for public alley access and utility purpose along the alley frontage, for a total half -width of 10 feet, shall be dedicated to the City of Huntington Beach and shown on the final map. b. Building Permits for demolition of the existing structures shall be obtained and finaled. 3. Prior to issuance of a grading permit and/or building permits for new construction, the final parcel map shall be recorded with the County of Orange. 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 2: CONDITIONAL USE PERMIT NO. 03-57NARIANCE NO. 04-04/NEGATIVE DECLARATION NO. 03-05 (STARBUCK'S RETAIL BUILDING) APPLICANT/ PROPERTY OWNER: Bijan Sassounian, 21190 Beach Boulevard, Huntington Beach, CA 92648 REQUEST: CUP: To permit the construction of a 5,300 sq. ft. commercial building including a drive-thru coffee shop and 20 percent compact parking spaces on a 22,280 sq. ft. parcel. VAR: To permit a three-ft. landscape planter width in lieu of five ft. LOCATION: 16471 Bolsa Chica Street (northwest corner of Bolsa Chica Street and Heil Avenue) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, 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 as outlined in the executive summary. Staff suggested that the last paragraph in suggested Finding for Approval No. 4 for the CUP be modified as follows: 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 ' a FeaTsubiect site. The proposed architecture provides a prominent entry and incorporates quality materials in its design. ZA Minutes 11/17/04 3 (04zml117) Staff recommended approval of the request based upon the suggested findings and subject to s the suggested conditions as outlined in the executive summary. One letter in support of the proposed project was received from a neighboring resident and one letter was received from the homeowner's association of an adjacent development concerning noise, traffic and air quality. No other written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, confirmed with staff that a review of the proposed project by the Design Review Board is not a requirement and that the proposed project complies with the Urban Design Guidelines. Discussion ensued concerning the trellis, landscaping, hours of operation, parking, recorded reciprocal access, and air quality. THE PUBLIC HEARING WAS OPENED. Bijan Sassounian, 21190 Beach Boulevard, applicant, spoke in opposition to staff's suggested modifications to the project plans as reflected in suggested Conditions of Approval No. 1. Mr. Sassounian requested the option to submit architectural plans with an alternative to the suggested landscape trellis. Jeff Bergsma, 221 Main Street, architect, also spoke in opposition to staff's suggested modifications to the project plans. Mike Adams, P.O. Box 382, Huntington Beach, architect, spoke on behalf of the proposed project and approached with alternative plans. Katherine Johansen, 461 South Glassell Street, Orange, property owner of a neighboring apartment complex, approached and presented photographs and a letter dated November 17, 2004, stating opposition to the proposed project. Ms. Johansen stated concern related to traffic, noise, air pollution, hours of operation, and emergency access. Debbie Edwards, 16161 Santa Barbara Lane, neighboring property owner, spoke in opposition to the proposed project stating concerns related to landscaping, danger to passing bicyclists, and a decrease in property values. Susan Cooper, 4865 Ironwood Avenue, Seal Beach, stated concern that the proposed project would cause traffic congestion. Mr. Parjdot, 21306 Beach Boulevard, representing the owner of the neighboring liquor store, spoke in support of the proposed project stating that Starbuck's would be an improvement to the area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren inquired into the hours of operation and Mr. Sassounian confirmed 5:00 a.m. to 1:00 a.m. He stated that in order to allow for flexibility, they don't want a restriction imposed on the hours of operation. 0 ZA Minutes 11/17/04 4 (04zm1117) in Ms. Broeren stated that she reviewed the environmental documentation. Discussion ensued with staff concerning the number of trips generated by the former gas station at the subject site, staff's review of the environmental assessment application, statement received from the Traffic Division, emergency access and the Fire Department's recommendation for standard codes only, deliveries from the Bolsa Chica entrance, location of the three existing driveways, the applicant's recommendation to include berming in place of columns, State law as applicable to mitigation measures, and whether there are significant impacts to warrant mitigation measures. Ms. Broeren confirmed with staff that the suggested condition for a turning radius of 25 feet is not a code requirement. She also confirmed with staff that all neighboring tenants were given notice of the hearing. Ms. Broeren stated that she concurs with staff's recommendation for approval. She stated that she was going to approve the request with the staff recommended modification to Finding for Approval No. 4. Ms. Broeren stated that she was going to require a three-month review with a public hearing in order to ensure that the menu board does not produce detrimental noise impacts. She stated that code enforcement would assess the situation and that the public would be able to identify any concerns. Ms. Broeren approved the request with modifications to the suggested conditions of approval as follows: • SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 03-57/ VARIANCE NO. 04-04: 1. The site plan, floor plans, and elevations received and dated October 25, 2004 shall be the conceptually approved design with the following modifications: the h n� s.A landscape trellis or other comparable means for articulating voids within depressed areas along the radius of the Starbucks retail unit shall be approved by the Planning Department subiect to review of a colored elevation submitted by the applicant. 2. A three-month review of the Starbucks operation shall be conducted from the date of issuance of a certificate of occupancy on the subiect site. CONDITIONAL USE PERMIT NO. 03-571VARIANCE NO. 04-04/NEGATIVE DECLARATION NO. 03-05 WERE 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. ZA Minutes 11/17/04 5 (04zm1117) FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO. 03-05: • 1. Negative Declaration No. 03-05 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of twenty (20) days. Comments received during the comment period were considered by the Zoning Administrator prior to action on the Negative Declaration and Conditional Use Permit No. 03-57. 2. There is no substantial evidence in light of the whole record before the Zoning Administrator that the project will have a significant effect on the environment. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-57: 1. Conditional Use Permit No. 03-57 for the establishment, maintenance and operation of a 5,300 sq. ft. commercial building including a drive-thru coffee shop and 20 percent compact parking spaces 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 general development under the General Plan. The proposed project is consistent with the permitted uses and development standards within this designation with the exception of the perimeter planter width. The intensity of the proposed use will be comparable with the prior use of the property as a service station, and will not have any significant impacts on adjacent properties. 2. The conditional use permit will be compatible with surrounding uses. The property abuts • commercial uses to the south, east and west and residential use to the north. The subject building will be oriented at the southeast corner of the subject site thereby providing an adequate setback from residential uses to the north. The orientation of the building coupled with the distance from the menu board to the apartment development of approximately 150 feet, provides an adequate buffer to the adjacent residential buildings. In addition, vehicle queuing in the drive-thru lane exceeds the code requirements. 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 with the exception of perimeter landscape planter width. 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: a. siting and design of structures to facilitate and encourage pedestrian activity; b. siting of buildings to the street frontage to convey a visual relationship to the street and sidewalks; • ZA Minutes 11/17/04 6 (04zm1117) c. architectural treatment of buildings to minimize visual bulk and mass, using techniques 0 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 district. 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 subject site. The proposed architecture provides a prominent entry and incorporates quality materials in its design. FINDINGS FOR APPROVAL - VARIANCE NO. 04-04: The granting of Variance No. 04-04 to permit a three-ft. wide landscape planter along the northerly property line in lieu of five 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 subject property shares a landscape planter with the property to the north. This condition results in a three-foot wide planter on the subject site and a seven -foot wide planter on the adjacent property to the north. The two landscape planters combine for a plantable width of 10 feet, which exceeds the minimum code requirement of five feet. 2. Because of special circumstances applicable to the subject property, including size, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject site is located on a corner lot formerly occupied by a service station. The size and shape of the lot results in a hardship with regard to the proposed drive-thru lane which occupies an additional 14 feet of lot width. The required width of the drive thru lane limits the size of the retail units and parking area. In order to accommodate the required number of parking spaces on the subject site the applicant is requesting that parked vehicles be allowed an overhang of two feet onto the five-foot wide planter along the northerly property line. Although the vehicle overhang will result in a three-foot wide landscape planter, the abutting property to the north is developed with a seven -foot wide landscape planter at this location that results in substantial landscaping at the perimeter of the property. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The subject lot is undersized for a substantial commercial development and was intended for use as a service station. In order to allow the development of a viable commercial center on the site the subject variance is necessary. 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 subject site exceeds the requirement of 8 percent for site landscaping by providing 16 percent landscaping. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General on the subject property because the substantial landscaping is provided on the subject site. In addition, the design of the ZA Minutes 11/17/04 7 (04zm1117) structure is in compliance with the General Plan objective of siting buildings adjacent to street frontages. 0 CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 03-57NARIANCE NO. 04-04: 1. The site plan, floor plans, and elevations received and dated October 25, 2004 shall be the conceptually approved design with the following modification: A landscape trellis or other comparable means for articulating voids within depressed areas along the radius of the Starbucks retail unit shall be approved by the Planning Department subject to review of a colored elevation submitted by the applicant. 2. A three-month review of the Starbucks operation shall be conducted from the date of issuance of a certificate of occupancy on the subject site. 3. 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. 4. 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. 5. 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. 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. 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. is ZA Minutes 11/17/04 8 (04zm1117) • • • ITEM 3: ENTITLEMENT PLAN AMENDMENT NO. 03-06NARIANCE NO. 03-16 (MAGNOLIA OFFICE/RETAIL CENTER) APPLICANT: Jeff Bergsma, 221 Main Street, Suite S, Huntington Beach, CA 92648 PROPERTY OWNER: 19066 Magnolia LTD., 201 Wilshire Boulevard, Suite A26, Santa Monica, CA 90401 REQUEST: EPA: A request to amend Conditional Use Permit No. 92-27 by permitting occupancy of a vacant 10,893 sq. ft. two-story office building. The existing office building was to be demolished under the original conditional use permit to allow for 36 additional parking spaces including closure of the southerly -most driveway along Magnolia Street. VAR: To permit a 45-space reduction in required parking for retail, restaurant and medical office uses on the subject site based on a parking study identifying a surplus of existing parking spaces. LOCATION: 19066 Magnolia Street (southeast corner of Magnolia Street and Garfield Avenue) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, Staff Planner, stated that the applicant has requested that the Entitlement Plan Amendment (EPA) be continued to a date uncertain and that the Variance request has been withdrawn. Staff stated that the Entitlement Plan Amendment hearing would be re -noticed. Mary Beth Broeren, Zoning Administrator, confirmed with staff that the applicant has paid the fee to continue the request. AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS NOT OPENED. ENTITLEMENT PLAN AMENDMENT NO. 03-06 WAS CONTINUED TO A DATE UNCERTAIN AT THE APPLICANT'S REQUEST WITH THE PUBLIC HEARING OPEN. VARIANCE NO. 03-16 WAS WITHDRAWN AT THE APPLICANT'S REQUEST. ITEM 4: COASTAL DEVELOPMENT PERMIT NO. 03-15/MITIGATED NEGATIVE DECLARATION NO. 03-01 (WARNER SEWER LIFT STATION) APPLICANT/ PROPERTY OWNER: City of Huntington Beach, Public Works Department, 2000 Main Street, Huntington Beach, CA 92646 REQUEST: The City of Huntington Beach, Public Works Department, proposes to construct a sewer lift station and install a gravity sewer main and forced sewer main. Sewer Lift Station: The sewer lift station site encompasses approximately 3,600 sq. ft. and includes various components. The lift station is 4-ft. by 12-ft. in area and is approximately 48 ft. deep. The lift station includes a below grade staircase and hydraulic lifts in a vault. The site ZA Minutes 11/17/04 9 (04zm1117) also includes an approximately 8 to 10-ft. retaining wall with 2 to 3-ft. high screen walls. Gravity Sewer Main: A 24-in. diameter gravity sewer main, approximately 4,020 lineal feet, is proposed within the paved rights -of -way of Warner Avenue and Pacific Coast Highway. The gravity sewer main will be located approximately 20 ft. below ground surface. Forced Sewer Main: A 14-in. diameter forced sewer main is proposed to extend from the sewer lift station to approximately 400 ft. east along Los Patos Avenue. The forced sewer main is proposed to be located approximately 20 ft. below the surface. LOCATION: The project site occupies the right-of-way within eastbound Warner Avenue at the southwest corner of Warner Ave. and Los Patos Ave. The project site also includes a 500-ft. portion of northbound Los Patos Avenue (east of Warner Ave.) and a 600-ft. portion of northbound Pacific Coast Highway (north of Warner Ave.) PROJECT PLANNER: Rami Talleh Rami Talleh, 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 as outlined in the executive summary. Staff stated that the Environmental Assessment Committee has recommended approval to the Zoning Administrator. Staff stated that State agencies and the public were noticed and provided with a 30-day comment period. Staff stated that comments were received from the City Environmental Review Board, Cal Trans, and the Orange County Sanitation District. No other written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Doug Erdman, City of Huntington Beach Public Works Department, confirmed that staff has responded to comments by the Environmental Board. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, confirmed with staff that the 300-ft. radius notification process was conducted. Ms. Broeren stated that she was going to approve the request and asked staff to modify suggested Findings for Approval Nos. 3 and 4 as follows: 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed sewer lift station Gan be served -by will replace existing era -site infrastructure. In addition, the new n U n U • ZA Minutes 11/17/04 10 (04zm1117) facility improves infrastructure necessary to convey the City's wastewater in the project area and replaces an existing outdated facility. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed project will not impede public access to the coastal resources, as defined in the Coastal Act, and Section 221.36 — Public Access Implementation of the Huntington Beach Zoning and Subdivision Ordinance. No significant impediment to coastal resources will occur as a result of the proposed project. The project would result in temporary closure of bike lanes and paths that occur within or immediately adjacent to the project area. Bike lanes along Warner Avenue would be closed during construction, however bicycle traffic would not be prohibited. Bicycles would be required to share the travel way with existing vehicular traffic through the construction area. While this would be an inconvenience for bicyclists, it is a temporary condition that would only occur during construction. A portion of the Percy Dock parking lot (approximately 10 out of 33 parking stalls) will be utilized for a construction staging area. The remaining parking stalls are sufficient to accommodate users to the site. In addition access to the dock will not be obstructed. Amass than imnlementa inn COASTAL DEVELOPMENT PERMIT NO. 03-15/MITIGATED NEGATIVE DECLARATION NO. 03-01 WERE 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 — MITIGATED NEGATIVE DECLARATION NO. 03-01 E 1. Mitigated Negative Declaration No. 03-01 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of thirty (30) days. Comments received during the comment period were considered by the Zoning Administrator prior to action on the Mitigated Negative Declaration. 2. Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. 3. There is no substantial evidence in light of the whole record before the Zoning Administrator that the project, as mitigated through the attached mitigation measures will have a significant effect on the environment. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 03-15 1. Coastal Development Permit No. 03-15 for the development project as proposed conforms with the General Plan, including the Local Coastal Program. The proposed sewer lift ZA Minutes 11/17/04 11 (04zml117) station and sewer lines will be consistent with the following goals and policies of the Public General Plan land use designation on the property: 6 Obiective LU 13.1: Provide for the continuation of existing and development of new uses, such as governmental administrative, public safety, human service, cultural, educational, infrastructure, religious, and other uses that support the needs of existing and future residents and businesses. Goal U2: Provide a wastewater collection and treatment system which is able to support permitted land uses; upgrade existing deficient systems; and pursue funding sources to reduce costs of wastewater service provision in the City. Objective U 2.1: Ensure the City provides and maintains a wastewater collection and treatment facilities system which adequately conveys and treats wastewater generated by existing and planned development at a maximized cost efficiency. The proposed facility will replace three existing, now obsolete, lift stations. The new facility improves the City's wastewater collection system in the vicinity of the project. 2. The project is consistent with the requirements of the CZ Overlay District, the RL (Residential Low Density) base zoning district, as well as other applicable provisions of the Municipal Code. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed sewer lift station will replace existing infrastructure. In addition, the new facility improves infrastructure necessary to convey the City's wastewater in the project area and replaces an existing outdated facility. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed project will not impede public access to the coastal resources, as defined in the Coastal Act, and Section 221.36 — Public Access Implementation of the Huntington Beach Zoning and Subdivision Ordinance. No significant impediment to coastal resources will occur as a result of the proposed project. The project would result in temporary closure of bike lanes and paths that occur within or immediately adjacent to the project area. Bike lanes along Warner Avenue would be closed during construction, however bicycle traffic would not be prohibited. Bicycles would be required to share the travel way with existing vehicular traffic through the construction area. While this would be an inconvenience for bicyclists, it is a temporary condition that would only occur during construction. A portion of the Percy Dock parking lot (approximately 10 out of 33 parking stalls) will be utilized for a construction staging area. The remaining parking stalls are sufficient to accommodate users to the site. In addition access to the dock will not be obstructed. • ZA Minutes 11/17/04 12 (04=1117) 0 CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT NO.03-15: The site plan, floor plans, and elevations received and dated September 8, 2003, shall be the conceptually approved design. 2. Prior to submittal for building permits, Submit four (4) copies of the site plan and one plan reduced to 8 W x 11" to the Planning Department for addressing purposes. Address assignment shall be reviewed and approved prior to submittal for building permits. MITIGATION MEASURES FOR ENVIRONMENTAL CONCERNS: 1. Design, grading and construction activities undertaken to implement the project shall be in accordance with the seismic design criteria of the Uniform Building Code, Seismic Standards and accepted grading practice (per City of Huntington Beach policy EH 1.2.1) 2. Specifications for all excavation activities will identify BMPs, such as requiring the use of sand bags and bales where appropriate; to reduce potential erosion and surface water quality impacts during excavation and other construction activities. The City will monitor the actual excavation and other construction activities to ensure that said work is being carried out in conformance with the BMP specifications. 3. Construction materials, debris, or waste placed onsite will not directly or indirectly contact or enter receiving waters entering the Pacific Ocean. All construction materials, excluding lumber, shall be covered and enclosed on all sides, and stored as far away from the existing storm drain inlet, excavation and receiving waters as possible. 4. Construction debris and sediment shall be removed from project construction areas each day that construction occurs to prevent the onsite accumulation of sediment and other debris. Any and all debris resulting from construction activities shall be removed from the project site within 24 hours of completion of the project. 5. All construction debris resulting from the proposed project shall be disposed of at an approved landfill. 6. Any areas within the project site that are affected by construction activities shall be revegetated for slope stability, and erosion control. 7. During construction of the proposed improvements, construction equipment will be properly maintained at an offsite to be determined by the contractor and includes proper tuning and timing of engines. Equipment maintenance records and equipment design specification data sheets shall be kept on -site during construction. 8. During construction of the proposed improvements, all contractors will be advised not to idle construction equipment on site for more than ten minutes. 9. During construction of the proposed improvements, contractors will use electricity from power poles rather than temporary diesel power generators. ZA Minutes 11/17/04 13 (04zm1117) 10. Prior to construction, the contractor shall include all dust suppression measures that the City determines compliance with SCAQMD Rules 403 and 404. 0 11. Prior to construction, the City will develop a traffic control plan that will provide safe detours around the project construction within the public rights -of -way of Los Patos Avenue, Warner Avenue, and Pacific Coast Highway. 12. Prior to construction of the proposed improvements, the contractor shall submit to the Public Works Department for review and approval a traffic control plan that will provide safe detours around the project construction site and provide temporary traffic control (i.e. flag person) during concrete transport and other construction -related truck hauling activities. 13. During construction of the proposed improvements, mobile construction equipment will be properly maintained at an offsite location to be determined by the contractor and includes proper tuning and timing of engines to minimize noise emissions. 14. All equipment shall be fitted with properly operating mufflers, air intake silencers and engine shrouds. 15. Construction shall be restricted to between the hours of 7:00 a.m. and 8:00 p.m. on weekdays, including Saturday. No construction shall occur at any time on Sunday or on a federal holiday. These days and hours shall also apply to any servicing of equipment and to the delivery of materials to or from the site. 16. During trenching operations a qualified archaeologist shall be on the project site monitoring excavation activities. 0 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 2:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, NOVEMBER 24, 2004 AT 1:30 PM. I:Ei� &_�a 0_k_^� Ma Bet Broeren Zoning Administrator :rmk ZA Minutes 11/17/04 14 (04zm1117)