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HomeMy WebLinkAbout2007-12-05® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, OECEMBER 5, 2007 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER_ Jane James, Ron Santos, Rami Talleh, Pamela Avila (recording secretary) MINUTES: September 5, 2007 September 26, 2007 October 3, 2007 APPROVED AS SUBMITTED ORAL COMMUNIICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 2007-029 AND VARIANCE NO.2007-008 (BELLA TERRA MULTIPLE -USER READERBOARD SIGN) • APPLICANT: Patricia Apel, DJM Capital Partners, Inc., 7777 Edinger Avenue, Suite 135, Huntington Beach, CA 92647 PROPERTY OWNER: Lindsay Parton, DJM Capital Partners, Inc., 109 South La Cumbre Lane, Santa Barbara, CA 93105 REQUEST: CUP: To permit the construction of an approximately 85 ft. high, 490 sq. ft. three -sided, multiple -user electronic readerboard sign. VAR: To permit the new sign within approximately 900 linear foot of an existing multiple -user readerboard sign (Auto Dealers' Association readerboard sign) in lieu of the minimum required 1,000 linear foot separation. LOCATION: 7777 Edinger Ave., 92647 (southwest comer of Beach Blvd. and Center Ave. — Bella Terra Mall) PROJECT PLAN14ER: Jane James Jane James, Senior Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing uses of the subject site. Staff presented an overview of the proposed project and the suggested findings and conditions of approval as presented in the executive summary. ,Staff stated that the Design Review Board (DRB) recommended approval to the Zoning Administrator. isStaff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as presented in the executive summary. G:\ZA\ZAMIN\0A07zrn1205.Doc 1 (07zm1205) Mary Beth Broeren, Zoning Administrator, confirmed with staff that Caltrans had been notified of this proposed project. 0 THE PUBLIC HEARING WAS OPENED. Mark Romero, sign designer, was available for questions and to clarify details. Ms. Broeren asked if the illumination will fall within Caltrans' requirements. Mr. Romero stated that the photometrics and the lumens are all adjustable. Mr. Romero confirmed that the signage will meet Caltrans' requirements. Dick Harlow, representing Bella Terra Shopping Center, stated that the project is in conformance with the rehabilitation of a major shopping center and one of the key components was beautification of the center. The signage will be multiple user and staff stated that this complies with City zoning requirements. Both signs are subject to Caltrans' approval prior to construction. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 2007-029 AND VARIANCE NO. 2007-008 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 15311 of the CEQA Guidelines, because the sign is considered an accessory structure to an existing shopping center. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2007-029: 1. Conditional Use Permit No. 2007-029 for the construction of an approximately 85 ft. high, 490 sq. ft. three -sided, multiple -user electronic readerboard sign 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 multiple -user electronic readerboard will contribute to the appearance of the streetscape because of its distinctive architectural design, use of high quality building materials, and provision of decorative landscaping. Based upon the conditions imposed, the proposed structure will be located outside of the visibility triangle and will comply with the maximum illumination standards. Therefore, the structure will not impact traffic safety or impede traffic circulation along Beach Boulevard or Center Avenue. There are no residential uses located within the immediate vicinity of the proposed sign. 0 G:\ZAXZAMIN107107zm1205.Doe 2 (07zm1205) ® 2. The conditional use permit will be compatible with surrounding uses because the proposed' structure design, colors, and materials will compliment the existing Italian Village character of Bella Terra. The proposed stone tower design is compatible with other stone monument signs and building materials on the Bella Terra property and in the vicinily of the project. 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, as well as Specific Plan No. 13. The proposed sign complies with all development standards except for the concurrently approved variance for separation to another multiple -user electronic readerboard sign. The proposed sign complies with maximum height and sign area requirements. 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 CR-F2-sp-mu (Regional Commercial- 0.5 FAR -specific plan overlay -mixed use overlay) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 10.1.15: Require that regional commercial developments be designed to convey the visual sense of an integrated center by consideration of the following principles: a. use of multiple building volumes and masses and highly articulated facades to reduce the visual sense of large scale "boxers," i. inclusion of consistent and well -designed signage integrated with the building's architectural character, including pedestrian -oriented signage. • UD 1.1: Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. • ED 2: Aggressively retain and enhance the existing commercial, industrial, and visitor -serving uses while attracting new uses to Huntington Beach. ED 3: Enhance Huntington Beach's economic development potential through strategic land use planning and sound urban design practices. ED 3.3.1: Work with land owners, businesses, and tenants located along the primary corridors and at the principal nodes to define the market character and to create distinct themes for market recognition purposes. The proposed multiple -user readerboard integrates and repeats the Italian Village tower elements established at Bella Terra. The new sign incorporates stone and landscaping trellises found throughout the Bella Terra site and at the adjacent Bella Terra Towers project to provide a distinct but consistent visual character in the area. The multiple -user electronic readerboard enhances signage opportunities and economic development potential by increasing visibility of regional commercial uses to the freeway. GAZA\ZAMIN\07\07zm1205.Doe 3 (07zm1205) FINDINGS FOR APPROVAL -VARIANCE NO. 2007-008: • 1. The granting of Variance No. 07-008 to permit the new sign within approximately 900 linear feet of an existing multiple -user readerboard sign (Auto Dealers' Association readerboard sign) in lieu of the minimum required 1,000 linear foot separation will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Multiple -user readerboard signs are permitted within the City of Huntington Beach only in very specific locations adjacent to a freeway. Granting of this variance would not prevent another commercial property from pursuing development of a multiple -user readerboard if they met the other locational criteria. 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 location of the freeway right-of-way at an angle adjacent to the Bella Terra site creates an odd -shaped lot and limits the amount of developable area on the property, while still meeting the other locational criteria for the readerboard. By approving this variance, the readerboard sign can be situated to maximize freeway visibility with the least disruption to the existing parking and landscaping. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. Multiple -user readerboard signs are permitted within the City of Huntington Beach only in very specific locations adjacent to a freeway. This variance allows the Bella Terra property to construct a multiple -user readerboard adjacent to the freeway even though another readerboard exists off -site within 1,000 linear feet of the proposed sign. A regional commercial shopping center of this size, located adjacent to the freeway, should be permitted to benefit from freeway oriented signage. The granting of this variance preserves that property right. 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 multiple -user readerboard is architecturally attractive, compatible with stone materials used on adjacent signs, and complements the tower elements on the Bella Terra property. Based upon the conditions imposed, the proposed structure will be located outside of the visibility triangle and will comply with the maximum illumination standards. Therefore, the structure will not impact traffic safety or impede traffic circulation along Beach Boulevard or Center Avenue. There are no residential uses located within the immediate vicinity of the proposed sign. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CR-F2-sp-mu (Regional Commercial- 0.5 FAR - specific plan overlay -mixed use overlay) on the subject property because it is implements the following goals and policies of the General Plan: LU 10.1.15: Require that regional commercial developments be designed to convey the visual sense of an integrated center by consideration of the following principles: a. use of multiple building volumes and masses and highly articulated facades to reduce the visual sense of large scale "boxes," i. inclusion of consistent and well -designed signage integrated with the building's architectural character, including pedestrian -oriented signage. 0 G: ZA\ZAMIN\07\07zm1205.Doc 4 (07zml205) UD 1.1: Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. ED 2: Aggressively retain and enhance the existing commercial, industrial, and visitor -serving uses while attracting new uses to Huntington Beach. ED 3: Enhance Huntington Beach's economic development potential through strategic land use planning and sound urban design practices. ED 3.3.1: Work with land owners, businesses, and tenants located along the primary corridors and at the principal nodes to define the market character and to create distinct themes for market recognition purposes. The proposed multiple -user readerboard integrates and repeats the Italian Village tower elements established at Bella Terra. The new sign incorporates stone and landscaping trellises found throughout the Bella Terra site and at the adjacent Bella Terra Towers project to provide a distinct but consistent visual character in the area. The multiple -user electronic readerboard enhances signage opportunities and economic development potential by increasing visibility of regional commercial uses to the freeway. CONDITIONS OF: APPROVAL - CONDITIONAL USE PERMIT NO. 2007-0291VARIANCE NO. 2007-008: 1. The site plan received and dated October 26, 2007 and elevations received and dated ® August 8, 2007 shall be the conceptually approved design with the following modification: a. The site plan shall be revised to demonstrate that the sign will be located outside of the visibility triangle at Beach Boulevard and Center Avenue. 2. Prior to issuance of building permits, the following shall be completed: a. The applicant shall demonstrate sign approval from Caltrans. 3. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may'include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification(,http://www.usgbc.org/DisplayPage.aspx?CategorvlD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/index.cfm?fuseaction=guidelines). 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 GAZAIZAMIM07\07zm1205.Doc 5 (07zm1205) promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. 0 ITEM 2: CONDITIONAL USE PERMIT NO. 2007-035 (AUTO DEALERS' ASSOCIATION READERBOARD SIGN) APPLICANT: Patricia Apel, DJM Capital Partners, Inc., 7777 Edinger Avenue, Suite 135, Huntington Beach, CA 92647 PROPERTY OWNER: City of Huntington Beach, C/o Kellee Fritzal, Economic Development Department, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To permit the reconstruction of an existing 85 ft. high, 1,200 sq. ft. two-sided, readerboard sign to match the proposed Bella Terra multiple -user readerboard sign. LOCATION: 7991 Center Ave., 92647 (north side of Center Ave., approximately 900 feet west of Beach Blvd.) PROJECT PLANNER: Jane James Jane James, Senior 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 presented in the executive summary. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as presented in the executive summary. • THE PUBLIC HEARING WAS OPENED. A discussion ensued concerning the proposed project and Item No. 1. Comments on Item No.1 pertain to this item also. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.2007-035 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 15302 of the CEQA Guidelines, because the project consists of reconstructing an existing readerboard sign. The reconstructed sign will be the same height and size as the existing sign and will have substantially the same purpose. • GIZAVAMIN\07107zm1205.Doc 6 (07=1205) ® FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2007-035: 1. Conditional Use Permit No. 2007-035 for the reconstruction of an existing 85 ft. high, 1,200 sq. ft. two -sidled, readerboard sign to match the proposed Bella Terra multiple -user readerboard sign 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 reconstructed sign incorporates building materials and design elements to improve compatibility with adjacent signs and building materials. A multiple - user readerboard sign already exists in this location and does not impact traffic safety or impede traffic: circulation along Center Avenue and the 405 Freeway off -ramp. The reconstructed) sign will have substantially the same purpose as the current sign, therefore no impacts are anticipated. L_� 2. The conditional use permit will be compatible with surrounding uses because the reconstructed sign will be brought up to date with surrounding signs and building materials existing on the adjacent Bella Terra property and the Bella Terra Towers property. 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 (HBZSO). In addition, any specific condition required for the proposed use in the district in which it would be located. The sign will be required to comply with the maximum illuminance and lighting intensity of the HBZSO. 4. The granting of the conditional use permit will not adversely affect the General Plan. The sign is located within the Center Avenue and Caltrans right-of-way and therefore does not carry a Land Use designation. However, it is consistent with the Land Use Element designation of CR-F2-sp-mu (Regional Commercial- 0.5 FAR -specific plan overlay -mixed use overlay) on the adjacent Bella Terra property. In addition, it is consistent with the following goals and policies of the General Plan: LU 10.1.15: Require that regional commercial developments be designed to convey the visual sense of an integrated center by consideration of the following principles: a. use of multiple building volumes and masses and highly articulated facades to reduce the visual sense of large scale "boxes," i. inclusion of consistent and well -designed signage integrated with the building's architectural character, including pedestrian -oriented signage. UD 1.1: Identify sand reinforce a distinctive architectural and environmental image for each district in Huntington Beach. ED 2: Aggressively retain and enhance the existing commercial, industrial, and visitor -serving uses while attracting new uses to Huntington Beach. ED 3: Enhance Huntington Beach's economic development potential through strategic land use planning and sound urban design practices. ED 3.3: Upgrade and modernize high -activity nodes and districts. G:IZA\ZAMIN\07\07zm1205.Doc 7 (07zml205) ED 3.3,1: Work with land owners, businesses, and tenants located along the primary corridors and at the principal nodes to define the market character and to create distinct themes for market recognition purposes. The reconstruction of the existing Auto Dealer's Association readerboard will improve the architectural quality of the current sign by integrating and repeating the Italian Village tower elements established at Bella Terra. The reconstruction of the sign provides an opportunity to upgrade and modernize the look and technology of the existing sign. The new sign incorporates stone and landscaping trellises found throughout the Bella Terra site and at the adjacent Bella Terra Towers project to provide a distinct but consistent visual character in the area. The multiple -user electronic readerboard enhances signage opportunities and economic development potential by increasing visibility of automobile sales businesses and regional commercial uses to the freeway. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 2007-035: The site plan received and dated October 26, 2007 and elevations received and dated September 27, 2007 shall be the conceptually approved design. 2. Prior to issuance of building permits, the following shall be completed: a. The applicant shall demonstrate sign approval from Caltrans. 3. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green is Building Council's Leadership in Energy and Environmental Design (LEED) Program certification(http://www.usgbc.org/DisplayPage.aspx?CategorvlD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/index.cfm?fuseaction=quidelines). 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:\ZA\ZAMIN\07\07zm1205.Doc 8 (07zm1205) ITEM 3: VARIANCE NO.2007-010 (SLATER AVENUE CONDOMINIUMS) APPLICANT: Bao Tuan Nguyen, P.O. Box 387, Midway City, CA 92655 PROPERTY OWNER: Kiet Truong, 5633 Florida Avenue, Arcadia, CA 91006 REQUEST: To permit an eight ft. street side yard (Slater Avenue) setback, in lieu of ten ft., after a required 10 ft. dedication for street widening, for a previously approved five unit residential condominium project. LOCATION: 7911 Slater Ave., 92647 (northeast comer of Slater Ave. and Keelson St.) PROJECT PLANNER: Ron Santos Ron Santos, Associate Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing use of the requested project. Staff presented an overview of the proposed project and the suggested findings and conditions of approval as presented in the executive summary. Staff explained that the reason for the requested variance is a result of the city's requirement for a 10 ft. dedication along Slater Ave. Staff further explained how the approved plans were modified in an attempt to comply with the setback. Public Works had no comments on the Variance nor the plan revisions. They reviewed it, as did the Fire Department, who stated it met all their fire requirements. Staff recommended approval of the request based upon the suggested findings and subject to is the suggested conditions as presented in the executive summary. • Mary Beth Broeren, Zoning Administrator, asked if any comments had been received in response to the notification. Staff indicated that none were received. Ms. Broeren asked if a dedication was approved at the time of the February 2007 approval for this project. Staff confirmed that the dedication was required. THE PUBLIC HEARING WAS OPENED. John Truong, the property owner's representative, said he had surveyed the property, had some concerns about the proposed setback but was willing to make the project work. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren asked Mr. Truong if he objected to the proposed dedication. Mr. Truong stated that he has invesled two years in this property, and does object to this dedication. Ms. Broeren asked if the City had compensated him for the property he is being required to dedicate. Mr. Truong stated that no compensation has been offered by the City. Staff stated that the Transportation Manager had indicated that the circulation element is being updated and the possibility exists that Slater Avenue would not be widened. This property G:17AXZAMIN\07107zrn1205.Doe 9 (07=1205) would still be subject to the offer of dedication. If this property is not dedicated, the offer would not be accepted. 9 VARIANCE NO. 2007-010 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 15305 of the CEQA Guidelines, because the project consists of a minor setback variance which will not result in any changes to land use or density or the creation of any new parcel. FINDINGS FOR APPROVAL - VARIANCE NO. 2007-010: 1. The granting of Variance No. 07-010 to permit an eight ft. street -side yard (Slater Avenue) setback, in lieu of ten ft., for a previously approved five unit residential condominium project will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The project site is subject to a 10 ft. dedication for street widening, which will reduce the width of the project site, along its longer side by 10 feet. Since most other properties in the vicinity are currently developed, and not currently subject to the dedication requirement, the variance address a circumstance unique to the property and therefore will not constitute a grant of special privilege. 2. Because of special circumstances applicable to the subject property, including size, shape, location and 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. Special circumstances exist which represent a hardship to development, including the project site's location along a roadway subject to a ten foot dedication for street widening, on a comer lot subject to a 10 foot street side yard setback and vision clearance requirements at street intersections, and on a lot adjacent to a commercial zone. These special circumstances are remedied in part by the requested variance. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The subject property, which may be developed with up to seven dwelling units pursuant to the RMH (Residential Medium -High Density) zoning standards, is currently underdeveloped with a single-family dwelling. The requested variance is necessary, due to the required dedication for street widening, to accommodate development (a five -unit project) at a density appropriate to the applicable zoning. The proposed development, which would otherwise (i.e., without the variance) be significantly constrained, represents the exercise of a substantial property right. 0 G:\ZA\ZAMIN\07\07zm1205.Doe 10 (07zm1205) • 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 reduced setback will occur along a street side ;property line and therefore will not impact privacy on adjacent properties. Moreover, tho proposed building height (25 ft.) is significantly lower than the 35 ft. limit in the zone. Therefore, the proposed building will not have a detrimental impact on the streetscape. In addition, the variance will not provide for overbuilding of the site since the project will be developed with fewer units than allowed in the zone based on the size of the lot. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of RMH-25 (Residential Medium -High Density — 25 units/acre) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: L.U. Policy 9.1.1: Accommodate the development of single- and multi -family residential units in areas designated by the Land Use Plan Map, as stipulated by the Land Use and Density Schedules. The project consists of construction of 5 dwellings units at a density of 16.5 units per acre. LU 7.1.2: Require that development be designed to account for the unique characteristics of project sites and objectives for community character and in accordance with the Development "Overlay" Schedule as appropriate. The requested variance accounts for the unique characteristics of the project site by allowing a minor reduction in the street side setback to offset the requirement for 10 ft. dedication along the street side of the property. CONDITIONS Of: APPROVAL - VARIANCE NO. 2007-010: The site plan, floor plans, and elevations received and dated November 7, 2007 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, indemnity 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. GAZAVAMIN107107zm1205.Doe 11 (07=1205) THE MEETING WAS ADJOURNED AT 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, DECEMBER 12, 2007 AT 1:30 PM. Mary Beth Bro ken Zoning Administrator M • • GAZA\ZAMIN\07\07zm1205.Doc 12 (07zm1205)