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HomeMy WebLinkAbout2006-01-04MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JANUARY 4, 2006 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Jason Kelley, Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 05-32 (T-MOBILE WIRELESS COMM. FACILITY) APPLICANT: Paul Gerst, Sequoia Development Services, One Venture, Suite 200, Irvine, CA 92618 PROPERTY OWNER: ® Southern California Edison, 2244 Walnut Grove Avenue, Rosemead, CA REQUEST: To permit the installation of 12 panel antennas on an existing Edison Tower at a height of 60 ft. and eight mechanical cabinets at the base of the tower within a 16 ft by 33 ft. chain link enclosure. LOCATION: 19118 Ward Street (east side of Ward Street south of Garfield 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 an overview of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. Staff stated that the Design Review Board recommended approval to the Zoning Administrator with a modified height of 45 feet. 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 requested height of 60 feet. Staff stated that one property owner inquired into the general nature of the proposed project. No other written or verbal comments were received in response to the public notification. 40 Mary Beth Broeren, Zoning Administrator, reviewed the project plans. • THE PUBLIC HEARING WAS OPENED. Paul Gerst, Sequoia Development Services, applicant, stated that he was present to answer questions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she concurs with staff's recommended height of 60 feet. She stated that a height of 45 feet would be more visually prominent. CONDITIONAL USE PERMIT NO. 05-32 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the project consists of the installation of a small new facility and structure and associated equipment. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 05-32: Conditional Use Permit No. 05-32 to install a wireless communications facility, consisting of 12 panel antennas attached to an existing Edison Tower at a height of 60 ft. and eight mechanical cabinets at the base of the tower located within a 16 ft by 33 ft. chain link enclosure 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 facility will not generate noise, traffic, demand for additional parking or other impacts detrimental to surrounding property. 2. The conditional use permit will be compatible with surrounding uses because the proposed facility will be located on and adjacent to existing Southern California Edison transmission towers, on an existing SCE right-of-way. The design of the facility, which features antennas painted to match the tower to which it is attached, and an equipment shelter constructed of chain link, will ensure the compatibility of the proposed facility with the surrounding nursery use. 3. The proposed conditional use permit 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 including the provisions of HBZSO Section 230.94 — Wireless Communications Facilities. is G:\ZONING ADMINISTRATOR\ZAMIN\06\06zm0104.DOC 2 (06zm0104) go 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 (Public) on the subject property, pursuant to the provisions of the Huntington Beach Zoning and Subdivision Ordinance Section 230.96, which serves to implement the General Plan. In addition, it is consistent with the following goals and policies of the General Plan: a. L.U. 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure and public services. b. U. 5.1: Ensure that adequate natural gas, telecommunications and electrical systems are provided. c. U. 5.1.1: Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. The proposed facility will enhance wireless communications in the community by improving signal transmission and reception in the project vicinity. In addition, the proposed co - location of antennas with an existing transmission tower, and the use of compatible materials to screen the equipment cabinets, will minimize the project's visual impacts. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 05-32: The site plan, floor plans, and elevations received and dated September 29, 2005 shall be the conceptually approved design. • 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. 05-33 MMOBILE WIRELESS COMM. FACILITY) APPLICANT: Paul Gerst, Sequoia Development Services, One Venture, Suite 200, Irvine, CA 92618 PROPERTY OWNER: Southern California Edison, 2244 Walnut Grove Avenue, Rosemead, CA REQUEST: To permit the installation of 12 panel antennas on an existing Edison Tower at a height of 57 ft. and eight mechanical cabinets at the base of the tower within an 18 ft. by 18 ft. chain link enclosure. LOCATION: 8622 Heil Ave (south side of Heil Avenue between Lucia Lane is and Ross Lane) PROJECT PLANNER: Jason Kelley GAZONING ADMINISTRATOR\ZAMIN\06\06zm0104.DOC 3 (06zm0104) Jason Kelley, Staff Planner, displayed project plans and stated the purpose, location, zoning, • and existing uses of the requested project. Staff presented an overview of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. Staff stated that the Design Review Board recommended approval to the Zoning Administrator as submitted. 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. Paul Gerst, Sequoia Development Services, applicant, stated that he was present to answer questions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 05-33 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING • ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the project consists of the installation of a small new facility and structure and associated equipment. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 05-33: Conditional Use Permit No. 05-33 to install a wireless communications facility, consisting of 12 panel antennas attached to an existing Edison Tower at a height of 57 ft. and eight mechanical cabinets at the base of the tower located within a 18 ft by 18 ft. chain link enclosure 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 facility will not generate noise, traffic, demand for additional parking or other impacts detrimental to surrounding property. 2. The conditional use permit will be compatible with surrounding uses because the proposed facility will be located on and adjacent to existing Southern California Edison transmission towers, on an existing SCE right-of-way. The design of the facility, which features is GAZONING ADMINISTRATOR\ZAMIN\06\06zm0104.DOC 4 (06zm0104) antennas painted to match the tower to which it is attached, and an equipment shelter constructed of chain link, will ensure the compatibility of the proposed facility with the surrounding nursery use. 3. The proposed conditional use permit 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 including the provisions of HBZSO Section 230.94 — Wireless Communications Facilities. 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 (Public) on the subject property, pursuant to the provisions of the Huntington Beach Zoning and Subdivision Ordinance Section 230.96, which serves to implement the General Plan. In addition, it is consistent with the following goals and policies of the General Plan: a. L.U. 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure and public services. b. U. 5.1: Ensure that adequate natural gas, telecommunications and electrical systems are provided. c. U. 5.1.1: Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. The proposed facility will enhance wireless communications in the community by improving signal transmission and reception in the project vicinity. In addition, the proposed co - location of antennas with an existing transmission tower, and the use of compatible materials to screen the equipment cabinets, will minimize the project's visual impacts. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 05-33: 1. The site plan, floor plans, and elevations received and dated September 29, 2005 shall be the conceptually approved design. 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 G:\ZONING ADMINISTRATOR\ZAMIN\06\06zm0104.DOC 5 (06zm0104) ITEM 3: CONDITIONAL USE PERMIT NO. 05-34 (T-MOBILE WIRELESS COMM. FACILITY) 0 APPLICANT: Paul Gerst, Sequoia Development Services, One Venture, Suite 200, Irvine, CA 92618 PROPERTY OWNER: Christ Presbyterian Church of Huntington Beach, 20112 Magnolia Street, Huntington Beach, CA 92646 REQUEST: To permit the installation of 3 panel antennas designed as a cross, on top of a church administration building and mechanical equipment located on the roof of the existing church sanctuary. The overall height of the cross will be 64 ft.-0 inches. LOCATION: 20112 Magnolia St. (East side of Magnolia Street, south of Adams Ave.) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing uses of the requested project. Staff presented an overview of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. Staff stated that the Design Review Board (DRB) recommended approval to the Zoning Administrator with modifications as reflected in the suggested conditions of approval concerning the applicant's alternative plans and changing the cross to a spire. 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 several calls were received from neighboring property owners, concerning overall mass and bulk. Staff stated that the property owner, Christ Presbyterian Church, has expressed concerns related to the suggested conditions of approval. Mary Beth Broeren, Zoning Administrator, stated that she has received and read a letter from the Christ Presbyterian Church and another letter from James Ed Sully. Discussion ensued concerning the DRB's recommendation. Staff presented photographs similar to the proposed spire. Ms. Broeren confirmed with staff that the existing cross is 60 feet in height. She addressed the phased Master Plan for reconstruction of the proposed site. THE PUBLIC HEARING WAS OPENED. Ken Smith, Christ Presbyterian Church of Huntington Beach, property owner, stated that the spire is non -denominational. Paul Gerst, Sequoia Development Services, applicant, stated that he was present to answer questions. 0 G:\ZONING ADMINISTRATOR\ZAMIN\06\06zm0104.DOC 6 (06zm0104) Per Hammer, 20161 Swansea Lane, neighboring property owner, spoke in opposition to the proposed project. Mr. Hammer stated that he and Inge Hammer are opposed to the proposed project based upon aesthetics and stated a preference to a cross rather than a spire. Ms. Broeren engaged in discussions concerning the DRB's recommendation and alternatives. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she has reviewed all letters. She stated that a cross currently exists and that there is no reason to replace the cross with a spire especially because the church has indicated it does not represent their denomination. Ms. Broeren stated that she was going to approve the request based upon the applicant's original request. She asked staff to modify the suggested findings for approval by replacing the word spire with cross and to delete suggested conditions of approval numbers a. and b. as follows: X-T._ ■_ .. CONDITIONAL USE PERMIT NO. 05-34 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 15303 of the CEQA Guidelines because the proposal consists of construction of a small facility, which complies with all development standards. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 05-34: Conditional Use Permit No. 05-34 for the installation of 3 panel antennas designed as a cross, on top of a church administration building and mechanical equipment located on the roof of the existing church sanctuary 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 communication facility will be designed as a cross and will be integrated into the architecture of the building thus minimizing potential visual impacts on surrounding properties. The wireless communication facility will not generate traffic or other impacts, which would be detrimental to surrounding commercial and residential uses. 2. The conditional use permit will be compatible with surrounding uses because the design and location of the wireless communication facility will enable it to blend in with the is architecture of the building. The communication facility is designed as an architectural G:\ZONING ADM INISTRATOR\ZAMIN\06\06zm0104.DOC 7 (06zm0104) feature, which could be constructed at similar heights without approval of a conditional use permit. In addition other wireless communication facilities have been approved within the vicinity of the same height. 3. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. In addition, any specific condition required for the proposed use in the district in which it would be located. The HBZSO allows wireless communication facilities to exceed the base district height with approval of a Conditional Use Permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of P-CG-F1 (Public- General Commercial, maximum 0.35 FAR underlying designation) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. b. UD 2.2: Minimize the visual impacts of oil production facilities and other utilities where they encroach upon view corridors or are visually incompatible with their surrounding uses. c. U 5.1: Ensure that adequate natural gas, telecommunications and electrical systems are provided. d. U.5.1.1: Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. The proposed wireless communication facility will be a stealth design, which will provide for consistency with the Goals and Policies identified above. In addition, the proposed facility will improve wireless communication service in the community. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 05-34: The site plan, floor plans, and elevations received and dated September 6, 2005, shall be the conceptually approved design. 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 U G:\ZONING ADMINISTRATOR\ZAMIN\06\06zm0104.DOC 8 (06zm0104) ITEM 4: TEMPORARY USE PERMIT NO. 05-02 (PACIFIC PREMIER BANK TEMPORARY OFFICE) APPLICANT: Steven R. Arnold, 1600 Sunflower Ave. 2"d floor, Costa Mesa, CA 92626 PROPERTY OWNER: Pacific Premier Bank, 2122 N. Broadway, Suite 200, Santa Ana, CA 92706 REQUEST: To permit a temporary office for a bank in a 14 ft. wide by 70 ft. long trailer on the site of a commercial shopping center for period of 60 to 90 days. LOCATION: 19011 Magnolia St. (Southwest corner of Magnolia and Garfield 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 an overview 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. Staff stated that parking for the temporary trailer is provided on -site as long as the building is unoccupied during construction of the interior improvements. is THE PUBLIC HEARING WAS OPENED. 11 THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, engaged in discussions with the applicant, Steven Arnold, concerning the expected time of completion. Ms. Broeren confirmed that the proposed project has the potential to slightly exceed the 90-day completion time and confirmed this intent with staff. TEMPORARY USE PERMIT NO. 05-02 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 15304 of the CEQA Guidelines, because the project consists of a minor temporary use of land having negligible or no permanent effects on the environment. G:\ZONING ADMINISTRATOR\ZAMIN\06\06zm0104.DOC 9 (06zm0104) FINDINGS FOR APPROVAL - TEMPORARY USE PERMIT NO. 05-02: 1. The proposed temporary use will be located, operated and maintained in a manner consistent with the provisions of Chapter 241 of the Zoning & Subdivision Ordinance and the following General Plan policy: ED 1.1.1: Maintain and expand economic and business development programs that encourage and stimulate business opportunities within the City. 2. Approval of the application to permit the temporary office for a bank will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. The existing building will undergo tenant improvements while the temporary office trailer will be in operation. The project is conditioned to require the removal of the temporary office trailer prior to occupancy of the building. Therefore adequate parking will be provided for the trailer. CONDITIONS OF APPROVAL - TEMPORARY USE PERMIT NO. 05-02: 1. The site plan, floor plans, and elevations received and dated December 12, 2005, shall be the conceptually approved design. 2. Prior to issuance of a Certificate of Occupancy for any portion of the building, the temporary office trailer shall be removed. 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 5: CONDITIONAL USE PERMIT NO. 05-42 (DONA BLOCK WALL) APPLICANT/ PROPERTY OWNER: M.J. Dona, 427 Tenth Street, Huntington Beach, CA 92648 REQUEST: To permit the construction of a 38-inch high block wall along the front property line in lieu of the maximum allowed 18-inch high block wall and an 8 ft high block wall at the rear and side property line in lieu of the maximum allowed 6 ft. high block wall. LOCATION: 427 Tenth Street, (South west corner of Tenth Street and Pecan Ave.) PROJECT PLANNER: Rami Talleh G:\ZONING ADMINISTRATOR\ZAMIN\06\06zm0104.DOC 10 (06zm0104) Rami Talleh Staff Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing uses of the requested project. Staff presented an overview of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. Staff stated that the applicant is not present and that the applicant has expressed no issues concerning staff's suggested findings for approval and suggested conditions of approval. AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS NOT OPENED. Ms. Broeren reviewed the project plans. Discussions ensued concerning dimensions, the aesthetic reasons for the raised deck, and landscaping behind the wall to soften the appearance of the wall from the public right-of-way. Ms. Broeren asked staff to delete the last sentence in the suggested findings for approval as follows: CONDITIONAL USE PERMIT NO. 05-42 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 15301 of the CEQA Guidelines, because the project consists of minor construction of accessory structures on a property developed with a single family home. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 05-42: Conditional Use Permit No. 05-42 to allow an existing 38" high planter wall at the front property line in lieu of the maximum allowed height of 18" and an 8 ft. tall screen wall along the rear and side property line in lieu of the maximum allowed height will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood in that the walls are designed with decorative materials and are consistent with other block walls in the neighborhood. The 38-inch high planter wall along the front property line will not obstruct visibility within the visibility triangle at the street intersections. Landscaping, amounting to 40 percent of the front yard, shall be provided behind the planter wall and will be visible from the public right of ways softening the appearance of the wall. In addition, the eight -foot high screen walls along the rear and side property lines will not be visible from the public right of ways. GAZONING ADMINISTRATOR\ZAMIN\06\06zm0104.DOC 11 (06zm0104) 2. The conditional use permit will be compatible with surrounding uses because adjacent single family dwellings are developed with walls along the property lines at the same height or even higher. 3. The proposed Conditional Use Permit No. 05-42 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. In addition, any specific condition required for the proposed use in the district in which it would be located. The HBZSO authorizes deviations from the fence height restrictions subject to approval of a Conditional Use Permit. 4. The granting of this conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Medium High -Density (RMH-A) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 9.2.1: Require that new development within existing residential neighborhoods be compatible with existing structures, including: - Maintenance of the predominant or median existing front yard setback and; - Use of complementary building materials, colors, and forms, while allowing flexibility for unique design solutions. b. LID 1.3.5: Require that privately developed walls make a positive visual contribution to the public streetscape including provisions for plant material enhancements such as vine pockets or decorative plantings, and design features such as sculptured or textured masonry units. 0 The proposed walls will be designed with decorative materials. The screen walls will be consistent with other block walls in the neighborhood. Landscaping will be provided at the top of the retaining wall. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 05-42: The site plan, floor plans, and elevations received and dated December 14, 2005, shall be the conceptually approved design. 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 0 GAZONING ADMINISTRATOR\ZAMIN\06\06zm0104.DOC 12 (06zm0104) • 1] THE MEETING WAS ADJOURNED AT 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 11, 2006 AT 1:30 PM. c Mary th oeren Zoning Administrator rmk GAZONING ADMINISTRATOR\ZAMIN\06\06zm0104.DOC 13 (06zm0104)