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HomeMy WebLinkAbout2005-08-03• • MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, AUGUST 3. 2005 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Paul Da Veiga, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: July 13, 2005 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 05-05 / VARIANCE NO. 05-04 (ORANGE COUNTY SANITATION DISTRICT HEADWORKS REPLACEMENT PROJECT) APPLICANT/ PROPERTY OWNER: Orange County Sanitation District, Attn: Pamela Koester, PO Box 8127, Fountain Valley, CA 92728-8127 REQUEST: CDP: To permit the construction of a new headworks consisting of fifteen structures containing screening facilities, odor control equipment, and associated piping. VAR: To allow an odor control facility at an overall building height of 53'-0" and stairwell at an overall height of 53'-0" in lieu of the maximum allowed building height of 40' and 50'-0", respectively. The existing headworks, sludge drying beds, two underground storage tanks, and truck washing facility will be demolished. LOCATION: 22212 Brookhurst Street (east side of Brookhurst Street, and North of Pacific Coast Highway) 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 up-to-date equipment would improve efficiency in reducing and eliminating odor. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. Staff stated that one letter and two telephone calls were received in opposition to the proposed project concerning incompatibility, views, and overall compatibility with zoning code requirements. No other • written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, engaged in discussion with staff concerning locations and interconnection of the structures, height, and stairwell. Staff advised that the Air Quality Management District (AQMD) regulates the odor control. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren asked the applicant to address, in terms of technology, what the restrictions are that necessitate the proposed building height. Pamela Koester, applicant, OC Sanitation District, responded referencing the Master Plan and regulations by the AQMD. She stated that a reduction in the towers would necessitate more structures. Ms. Koester stated that they lack the land to accommodate more structures and stated that the existing vacant land is designated for other uses. Jim Burror, 10844 Ellis Ave, Fountain Valley, OC Sanitation District, spoke on behalf of the proposed project, and addressed the subject land uses. Ms. Broeren stated that she was going to approve the request and asked staff to modify Suggested Finding for Approval No. 2 for the Variance as follows: is 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 to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The site was chosen as a wastewater treatment facility to serve the needs of the community because of the property's size (over three acres) shape (triangular), topography (located at a lower elevation), and surroundings (adjacent to the Santa Ana River and coastline). The increased height of the odor control facility and stairwell is necessary for the treatment plant to continue to provide the service it was granted approval for at this site. Strict application of the Zoning Ordinance would deprive the property of its ability to operate the Treatment Plant at its optimum capacity and accommodate future demand. In addition, other wndustroal uses On the IL (Limited industrial) zoning GlassifiGation Gan operate optimally beGause their SUGGessful operation is not determined solely by their COASTAL DEVELOPMENT PERMIT NO. 05-05 / VARIANCE NO. 05-04 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) WORKING DAYS. • GAZONING ADMINISTRATOR\ZAMIN\05\05zm0803.DOC 2 (05zm0803) FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project is covered by Final Subsequent Environmental Impact Report SCH No. 2003051054 and will comply with all applicable mitigation measures. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 05-05: Coastal Development Permit No. 05-05 for the construction of a new headworks consisting of fifteen structures containing screening facilities, odor control equipment, and associated piping, as proposed, conforms with the General Plan, including the Local Coastal Program. Completion of the project will implement the Coastal Element goal of providing adequate community facilities within the Coastal Zone. The proposed headworks operation will replace the existing headworks and is located in a facility which already includes several other towers and structures with similar heights and building design. The facility is not visible from Pacific Coast Highway and is adequately screened from view along Brookhurst Street by landscaping that was previously installed. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code except for any variances approved concurrently. The headworks facility will conform to all applicable City codes such as floor area ratio, landscaping, and setbacks. A variance is requested concurrently with this application to allow an odor control facility and a stairwell on one building at an overall height of 53 feet in lieu of the maximum allowed height of 40 ft and • 50 ft. respectively. 3. At the time of occupancy the proposed headworks facility will be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All necessary infrastructure, such as roadways and utilities currently exist to the serve the site. The proposed project will upgrade the wastewater treatment infrastructure to serve the needs of the community. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities will be affected by the new construction. FINDINGS FOR APPROVAL - VARIANCE NO. 05-04: 1. The granting of Variance No. 05-04 to allow an odor control facility at an overall building height of 53'-0" and stairwell at an overall height of 53'-0" in lieu of the maximum allowed building height of 40 ft. and 50 ft., respectively will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The proposed odor control facility and stairwell will be constructed as part of the relocation and replacement of the headworks facility within the existing Orange County Sanitation District Wastewater Treatment Plant No. 2. This land use is necessary for the health and safety of the residents and businesses of Huntington Beach. The height of the odor control facility and stairwell is necessary to accommodate the increased wastewater treatment capacity necessitated by current and projected population increases. ® Other properties under the same zone classification have been developed with the same or greater height than that proposed. Furthermore, any land use in an identical zoning G:\ZONING ADM[ NISTRATOR\ZAMIN\05\05zm0803.DOC 3 (05zm0803) classification which provided a service that was critical for the health and safety of City residents and businesses could be anticipated to be granted a similar variance that was deemed necessary for health and safety reasons. 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 to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The site was chosen as a wastewater treatment facility to serve the needs of the community because of the property's size (over three acres) shape (triangular), topography (located at a lower elevation), and surroundings (adjacent to the Santa Ana River and coastline). The increased height of the odor control facility and stairwell is necessary for the treatment plant to continue to provide the service it was granted approval for at this site. Strict application of the Zoning Ordinance would deprive the property of its ability to operate the Treatment Plant at its optimum capacity and accommodate future demand. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. In order for the County Sanitation Districts of Orange County to meet the wastewater treatment needs of the regional population, it must have capacity to function at the necessary level to meet those demands. The necessary height of the odor control facility and stairwell is determined by the capacity of the treatment plant. The granting of a variance from the height restrictions will enable the treatment plant to continue to provide the service it was previously granted approval to provide at this specific site. 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 granting of the variance will enhance the public welfare because it ensures that the Orange County Sanitation District can provide adequate wastewater treatment service, which is necessary for health and safety of the residents and businesses of Huntington Beach. A subsequent final environmental impact report has been prepared and identifies mitigation measures to mitigate any anticipated adverse impact to the public welfare. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of P (Public) on the subject property. In addition, it is consistent with the following goal/policy of the General Plan: LU 2.1.1: Plan and construct public infrastructure and service improvements as demand necessitates to support the land uses specified in the Land Use Plan. The proposed headworks replacement will provide the infrastructure necessary to meet current and future demands of treating wastewater within the community. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 05-05 / VARIANCE NO. 05-04: 1. The site plan, floor plans, and elevations received and dated February 7, 2005, shall be the conceptually approved design. GAZONING ADMINISTRATOR\ZAMIN\05\05zm0803.DOC 4 (05zm0803) ® 2. Coastal Development Permit No. 05-05 and Variance No. 05-04 shall comply with all applicable mitigation measures of Final Subsequent Environmental Impact Report SCH No. 2003051054. 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: ENTITLEMENT PLAN AMENDMENT NO. 05-01 (TARGET DEPARTMENT STORE) APPLICANT: Pacific Land Services, Attention John Warren, 2151 Salvio Street, Ste 250, Concord CA 94520 PROPERTY OWNER: Target Corporation, 1000 Nicollet Mall, Minneapolis, MN 55403 REQUEST: To amend Condition of Approval No. 5a. of Conditional Use Permit No. 03-35 that prohibited deliveries on weekends to the ® newly constructed Target Department Store. The proposed amendment is to allow truck deliveries between the hours of 8 a.m. and 7 p.m. on Saturday and Sunday. LOCATION: 9882 Adams Avenue (southwest corner of Brookhurst St. and Adams 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 recommended modification to the first sentence in Suggested Finding for Approval No. 1 as follows: Entitlement Plan Amendment No. 05-01 to amend Condition of Approval No. 5a. of Conditional Use Permit No. 03-35 by allowing Target product truck deliveries between the hours of 8 a.m. and 7 p.m. on Saturday and Sunday 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. Delivery trucks entering the site will not travel behind the building adjacent to residences. The new configuration of the building directs the loading area to Adams Avenue and therefore, delivery trucks enter the site from Adams Avenue and back up directly into the loading bays which minimizes noise impacts to surrounding residents. Based upon the conditions imposed, a six-month review of the loading operation will be conducted by Planning staff to verify compliance with the conditions of approval and mitigation measures. G:\ZONING ADM[ NISTRATOR\ZAMIN\05\05zm0803.DOC 5 (05zm0803) Staff stated that research was conducted concerning truck delivery hours at similar businesses throughout the City. 0 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 as recommended above. Staff stated that the following communications opposing the proposed project was received: • Several telephone calls from neighboring property owners requesting limited or no weekend truck deliveries. • One letter from a neighboring proper owner. • A petition with 30 signatures from neighboring property owners . No other written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Girard Manke, 9802 Olympic Drive, neighboring property owner, spoke in opposition to the proposed project based upon existing excessive noise and the need for quiet during the weekend. Mr. Manke urged the Zoning Administrator to restrict delivery trucks on the weekend. Wynndi Dahlin, 9782 Rainier Circle, neighboring property owner, spoke in opposition to the proposed project, stating that she and some of the neighboring residents work nights and have no quiet during the daytime hours. Ms. Dahlin urged the Zoning Administrator to restrict delivery trucks on the weekend. Bob Copeland, 9812 Rainier Circle, neighboring property owner, spoke in opposition to the proposed project based upon existing excessive noise. Mr. Copeland urged the Zoning Administrator to restrict delivery trucks on the weekend so they could enjoy some quiet time. Rebecca Brown, 9802 Rainier Circle, neighboring property owner, spoke in opposition to the proposed project urging the Zoning Administrator's denial. Ms. Brown complained about noise from the air compressors and air conditioners. She stated that she has had to call the police department at 2:00 a.m. because of excessive noise. Jeannette Arciaga, 9881 Kings Canyon Drive, neighboring property owner, spoke in opposition to the proposed project and urged the Zoning Administrator's denial. Ms. Arciaga stated that the vibrations from the semi trucks rattle her house and that the noise from the trucks is bothering her inner ears. Carole Keane, 9831 Mammoth Drive, neighboring property owner who works during the evening hours, spoke in opposition to the proposed project and urged the Zoning Administrator's denial. Ms. Keane stated that the noise during the week is enough to cope with. Yumi Branstad, 9842 Adams Avenue, spoke in opposition to the proposed project. Ms. Branstad stated objection to the previously approved traffic pattern for ingress and egress GAZONING ADMINISTRATOR\ZAMIN\05\05zm0803.DOC 6 (05zm08O3) ® to the subject location. She stated that the shopping center tenants located at the southeast corner of Adams Avenue and Brookhurst Street are suffering as a result of the traffic pattern. Nike Lecong, 9842 Adams Avenue, neighboring property owner, spoke in opposition to the proposed project and urged the Zoning Administrator's denial based upon excessive noise from the delivery trucks. Kathy Green, 9852 Kings Canyon Drive, neighboring property owner, spoke in opposition to the proposed project and urged the Zoning Administrator's denial based upon excessive noise and need for quiet time on the weekends, in particular on Sundays. Francis Arciaga, 9881 Kings Canyon Drive, neighboring property owner, spoke in opposition to the proposed project, agreed with the above comments from the neighboring residents, and urged the Zoning Administrator's denial. Mr. Arciaga stated that their past attempts to resolve noise have failed through Code Enforcement. Elizabeth Ching, 9762 Rainier Circle, neighboring property owner, spoke in opposition to the proposed project and urged the Zoning Administrator's denial. Ms. Ching questioned why Target is requesting to change the originally approved permit. She stated the need for quiet during the weekends. Roy Ching, 9762 Rainier Circle, neighboring property owner, spoke in opposition to the proposed project and urged the Zoning Administrator's denial. Mr. Ching stated that the other businesses researched by staff are in a different neighborhood being bordered by schools and isa cemetery. He stated that Target is surrounded by a significant number of residential dwellings and many of the original homeowners are now retired and want quiet time during the weekends. He stated that the beeping noise from trucks when backing could be heard as far away as five homes removed from Target. Karem Ali, Target Corporation, 1000 Nicollet Mall, Minneapolis, MN, spoke on behalf of the proposed project urging the Zoning Administrator's approval. Mr. Ali stated that the construction noise would be resolved in October when the store opens. He stated the importance of daily deliveries in order to stock the store for product availability in order to meet the community's needs. Mr. Ali advised that Target deliveries average two per day plus vendor deliveries. He stated that in order to compete and run a successful business, daily deliveries are required otherwise they could no longer operate a business. John Warren, Pacific Land Services, 2151 Salvio Street, Suite 250, Concord, CA, applicant, voiced objection to staff's recommended modification to Suggested Finding for Approval No. 1. Mr. Warren explained the difference between Target product truck delivery and vendor truck delivery such as Coca Cola or FedEx. He stated that the Target store could not operate without weekend deliveries. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren engaged in discussions concerning the difference between truck deliveries by vendors and Target product truck deliveries and the number of deliveries per day. Discussions GAZONING ADMINISTRATOR\ZAMIN\05\05zm0803.DOC 7 (05zm0803) ensued concerning the original mitigated negative declaration, conditions in the original conditional use permit and reasons for today's entitlement plan amendment. Ms. Broeren stated that weekend deliveries would be a nuisance for the residents whose properties back up to the subject property. She stated that the proposed requested hours would be excessive thereby affecting the enjoyment of property by the adjacent residents. Ms. Broeren stated that in the original conditional use permit, conditions were required in an attempt to reduce the noise levels. She stated that measures were applied that have not been applied to other projects. Ms. Broeren stated that the City and the applicant have put forth effort to mitigate noise. She acknowledged the importance of Target's ability to operate, and addressed the fact that other businesses are able to function based upon the hours of delivery conditioned by the City. Ms. Broeren stated that she was going to approve the request, in part, and asked staff to modify the executive summary as follows: Suggested Findings for Approval: Entitlement Plan Amendment No. 05-01 to amend Condition of Approval No. 5a. of Conditional Use Permit No. 03-35 by allowing Target truck deliveries between the hours of 8 a.rn. and 7 p.m. en Saturday and Sunday 10 a.m. and 6 p.m. on Saturday and vendor truck deliveries between the hours of 8 a.m. and 12 noon Monday through Friday, 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. Delivery trucks entering the site will not travel behind the building adjacent to residences. The new configuration of the building directs the loading area to Adams Avenue and therefore, delivery trucks enter the site from Adams Avenue and back up directly into the loading bays which minimizes noise impacts to surrounding residents. Based upon the conditions imposed, a six-month review of the loading operation will be conducted by Planning staff to verify compliance with the conditions of approval and mitigation measures. 2. The entitlement plan amendment will be compatible with surrounding uses because the conditions of approval and mitigation measures prohibit truck idling during deliveries and the loading area is enclosed on three sides and soundproofed to minimize impacts to residents. Based on the design of the building and limitations on truck idling coupled with the restrictions on delivery hours (8 am to 7 pm), the proposed amendment to allow weekend truck deliveries will be compatible with surrounding uses. Suggested Conditions of Approval: 2. Target product delivery, and trash pickup shall be limited to between the hours of 7:00 AM to 7:00 PM, Monday through Friday and 10:00 AM to 6.00 PM on Saturday. No deliveries shall occur on Sunday. Delivery hours for vendor truck deliveries shall be limited between the hours of 8:00 AM and 12:00 noon, Monday through Friday. All delivery vehicles, including Target product delivery trucks and outside vendors trucks that cannot be accommodated with a typical 9 foot wide by 19 foot deep parking stall shall utilize the enclosed delivery bays for all loading and unloading activities. All other delivery vehicles that are no larger than a typical parking stall size may utilize the parking lot and access the store through the main entrance. Deliveries of any kind shall be GAZONING ADMINISTRATOR\ZAMIN\05\05zm0803.DOC 8 (05zm0803) prohibited behind the subject building, other than the designated loading and unloading bays. ENTITLEMENT PLAN AMENDMENT NO. 05-01 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND CONDITIONS. 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 proposed change to delivery hours represents a minor change to the conditions of approval that does not involve an expansion of use. FINDINGS FOR APPROVAL — ENTITLEMENT PLAN AMENDMENT NO. 05-01: 1. Entitlement Plan Amendment No. 05-01 to amend Condition of Approval No. 5a. of Conditional Use Permit No. 03-35 by allowing Target truck deliveries between the hours of 10 a.m. and 6 p.m. on Saturday and vendor truck deliveries between the hours of 8 a.m. and 12 noon, Monday through Friday, 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. Delivery trucks entering the site will not travel behind the building adjacent to residences. The new configuration of the building directs the loading area to Adams Avenue and therefore, delivery trucks enter the site from Adams Avenue and back up directly into the loading bays which minimizes noise impacts to surrounding residents. Based upon the conditions imposed, a six-month review of the loading operation will be conducted by Planning staff to verify compliance with the conditions of approval and mitigation measures. • 2. The entitlement plan amendment will be compatible with surrounding uses because the conditions of approval and mitigation measures prohibit truck idling during deliveries and the loading area is enclosed on three sides and soundproofed to minimize impacts to residents. Based on the design of the building and limitations on truck idling coupled with the restrictions on delivery hours, the proposed amendment to allow weekend truck deliveries will be compatible with surrounding uses. 3. The proposed Entitlement Plan Amendment No. 05-01 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 (HBZSO). The proposed amendment is in compliance with requirements in the Municipal Code regarding maximum decibel level at the property line. A noise study was submitted as part of Conditional Use Permit No. 03-35 which concluded that the maximum decibel level of 55 dB at the property line would not be exceeded by loading and unloading activities proposed on the site. The HBZSO does not otherwise prohibit weekend truck deliveries. G:\ZONING ADMINISTRATOR\ZAMIN\05\05zm0803.DOC 9 (05zm08O3) 4. The granting of the conditional use permit will not adversely affect the General Plan. The project is consistent with the Land Use Element designation of CG-F1 (General Commercial — FAR 0.35) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Goal LU 1: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. Policy LU 10. 1.5: Require that buildings, parking, and vehicular access be sited and designed to prevent adverse impacts on adjacent residential neighborhoods. Policy LU 10.1.6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. The proposed Target store would support the needs and reflect market demand of City residents and visitors. Through design features implemented to mitigate noise impacts and operational restrictions to truck deliveries including restricted delivery hours and restrictions on truck idling, the residents will be protected from excessive noise impacts from loading and unloading activities. CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO. 05-01: • 1. The site plan, floor plans, and elevations received and dated March 18, 2004 shall be the conceptually approved design. 2. Target product delivery, and trash pickup shall be limited to between the hours of 7:00 AM to 7:00 PM, Monday through Friday and 10:00 AM to 6:00 PM on Saturday. No deliveries shall occur on Sunday. Delivery hours for vendor truck deliveries shall be limited between the hours of 8:00 AM and 12:00 noon, Monday through Friday. All delivery vehicles, including Target product delivery trucks and outside vendors trucks that cannot be accommodated with a typical 9 foot wide by 19 foot deep parking stall shall utilize the enclosed delivery bays for all loading and unloading activities. All other delivery vehicles that are no larger than a typical parking stall size may utilize the parking lot and access the store through the main entrance. Deliveries of any kind shall be prohibited behind the subject building, other than the designated loading and unloading bays. 3. A review of the hours of deliveries and all loading and unloading activities shall be conducted by the Planning staff within six months following the issuance of a certificate of occupancy. The six-month review of the hours of delivery and loading and unloading activities will involve Code Enforcement and the Police Department in order to determine compliance with the conditions of approval, mitigation measures, and applicable Chapters of the Huntington Beach Zoning and Subdivision Ordinance and Municipal Code pertaining to noise and truck deliveries. Any violations of the mitigation measures, conditions of approval, or applicable chapters of the HBZSO and HBMC may require a duly noticed revocation hearing of the applicable hearing body. G:\ZONING ADMINISTRATOR\ZAMIN\05\05zm0803.DOC 10 (05zm0803) 4. All conditions of approval required under Conditional Use Permit No. 03-35 shall be adhered to with the exception of Condition No. 5.a, as amended under Entitlement Plan Amendment No. 05-01. 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 2:25 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, AUGUST 10, 2005 AT 1:30 PM. Maryet roeren Zoning Administrator rmk LJ go G:\ZONING ADMINISTRATOR\ZAMIN\05\05zm0803.DOC 11 (05zm0803)