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HomeMy WebLinkAboutPub Hear - Appeal to PC Approval of Conditional Use Permit # CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BR.00KWAY r CITY CLERK June 5, 1996 Mohammed and Adel Zeidan 301 17th Street Huntington Beach, CA 92648 The City Council of the City of Huntington Beach at its regular meeting held Monday, May 20, 1996 approved the Negative Declaration No. 95-11 with Mitigation Measures, and overturned the Planning Commission's action by approving as amended Conditional Use Permit No. 95-84 with one (1) Special Permit and Coastal Development Permit No. 95-25 with modifications, findings, and suggested conditions of approval. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from June 5, 1995 to apply to the courts for judicial review. If you have any questions regarding this matter, please contact our office - 536-5227. i Sincerely, Connie Brockway, CIVIC City Clerk CB:cc Enclosure cc: City Attorney Community Development Director Susan Pierce, Community Development City Administrator gAollowup\90dayltr (Telephone:714-536-5227) § 1094.5 SPECIAL PROCEEDINGS Part 3 Nato 378 . ii,awled for new trial dr no%u. Prrxc•od t. miae,l c•umi,i-:aau,-r hn(I uu jurisilielion t'alifornin Vitemployment lux. .\pprnls lid. and dill not dett•rnttlte 1110ritx. \\'caters Air (1970) 127 00.11ptr. 610, 57 l'..\.itcl 21.)• Llitem itie. v. Sobierki (11161) 13 Cni.Itptr. Trial court's judgment dvun hig writ u( 719, 191 C.A._d 309, ninndute. to compel director of ngriclrlitire lhu•t that. letter discharging xenior typ- to met aside his derision revoking petitiott- Ist clerk in office of comO clerk stated era license as aircraft plh,t in buxinemm of that xhe tram guilty of mixranduet in re- peat control wnm reverxed uud ease, re moving pablie recurrvis from tho files will ntnnded to Irial court wilh direc•tiotim to onitilating mill seeming them on vnrioum nwtrtnd case, to director fur purpu,a of dutes, whcrenm iu licaring before county 1 reaonmidertug the penalty previously im- elvil service cnutiniSxlon evitlenee was in- posed, where it was found ihnt momo of trnduced only nm to what took place on tho charges tigainxt. petitioner worn not onu of the dates, did not require the dia- mnpported by evidence. Wingfield v. irlet court of appeal on algwal front,judg- Director of Agriculture (11172) 1(1.3 Cal, ment awitrcliug xenior typt..,c clerk writ of Itptr.619,29 C.A.34 209. mandate, nftee reversing tho jttdgmeut of I'roccediug for review of denial by con- the muperior viturt, to remand the matter mimsloner of rnrpnrnttona of permit to to tbt• cnanuixxion for re-•onsideration, mixal o voting rights of xhnermit eto wltcrn there wax n Wiiiilarity of facts stir- would be voting rema ell t superior crehulmirt for rotmding rentova) of the Atic•umcnta on all of the datem. I'rmtt v. Lite Angelem C'oun- deterntinittinn whether thorn was silhiltau= ty Civil Sorvica Coutinisslou (1952) 238 tial evidence to Support t:ummissioner's I.`�d'3,103 C.A1d tins ftudinga, where court Improperly deter. § 1094.6. Judicial review; decisions of local agericles; petition; filing; time; record; decision and fiarty defined; or- dinance or resolution (a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or agent th-vreof, may be had pursuant to Section 10945 of this code only if i..- the petition for writ:of mandate pursuant. to such section is filed leAthin the time limits.specified in this section. (b) Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final~ If there is no provision for reconsideration of the decision in any applicable provi- sion of any statute, charter, or rule, for the purposes of this section, the decisiOn- is final on the date it is made. If there is such provision for reconsideration, the decision is final for the purposes of this sec- tion upon the expiration of the period during which such reconsidera- tion can be sought; provided, that if reconsideration is sought pursu- ant to.any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. (c) The completv i'veord of the )ri•oc-eedings shall lx- prepared by tl)e 1(xxtl agency or its ranunissi(>n, board, officer, or agent which Horde the decision and shall be (itrlivered to the petitioner within 90 days after he has filed a written request therefor. The local agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. Such record shall include the tran- Script of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted 674 t I Title 1 WRIT OF MANDATE § 1094.6 exhibits, all rejected exhibits in the possession of the local agency or its commission, board, officer, or agent, all written evidence, and any other papers in the case. (d) If the petitioner files a request for the record ns specified in subdivision (c) within 10 days after the dale the decision becomes fi- nal ns provided in subdivision (b), the lime within which a petition pursuant to Section 109-1.5 ratty he filed shall he extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of rec- ord, if he has one. (e) As used in this section, decision means adjudicatory admin- istrative decision made, after hearing, suspending, demoting, or dis- missing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retire- ment benefit or allowance. (f) In making a final decision as defined in subdivision (e), the local agency shall provide'notice to the party that the time within which judicial review must be sought is governed by this section. As used in this subdivision, "party" means an officer or em- ployee who has been suspended, demoted or dismissed; a person whose permit or license has been revoked or whose application for a permit or license has been denied; or a person whose application for a retirement benefit or allowance has been denied. (g) This section shall be applicable in a local agency only if the governing board thereof adopts an ordinance or resolution making this section applicable. If such ordinance or resolution is adopted, the provisions of this section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter. (Added by Stats.1976,c.276,p.581, § 1.) Forme See West'x Califoruin Code Forme,Civil Procedure. Library References AdminiOrntive Lnw and Procnitire CJA. Public Administrative Bodies. and <�TM. Procedure li 193. Notes of Decisions In general I that public emilloputent roatiamc bonrd Exhaustion of administrative remedies 2 halt ext-ImAvu jurixdiction to deterodne whether the unfair pructice ebargex were Iuntifil•,I; nod, in view of tenchrrx' failure to I•xllnust thoir administrative remediox I. In general under the Itoddtt Acl. trial court erred in \I•hnnl board's 'lmilwerul frveziog of granting writ of mamlute to compel xuper- to-w•hur.' xnlariem nftl-r brt;innhtt; or new iniondent of dixtrivt and otlierx to ruixe somol ,rear, while runlrno m-gotimiuux of rurtitin tlrnehers. Atnndnr Vul- wcro pending, nric%witly wnx rat unfair h•} t,•r,nulary I'durntorx Axx'u .. \rwlin prur.liee iu violutiuu of thu ltoddu Avt mo (1970) I51 Culxptr. 724, 3.'4 U.A.311 251. 675 Page 6 - Council/Agency Agenda - 5/20/96 (6) Recommended Action: A. Planning Commission Recommendation: Motion to: -1: Approve-Negative--DeclaratiGn--No.--95-1--%ith-Mitigation-Measures--as Ane Ilse-,Per-mit No:--95-84-wit-hSpeeia..LPer-waits-and-Coastal-DeveEopr-nent oaa-Alta-chment-Na-2-o€t#e-R-CA-dated-5/2-0/96.- B. Planning Staff Recommendation: Motion to: 1. Approve Negative Declaration No. 95-11 with Mitigation Measures as set forth on Attachment No. 10 of the RCA dated 5/20/96, And, 2. Overturn the Planning Commission's action by approving Conditional Use Permit No. 95-84 with one (1) Special Permit and Coastal Development Permit No. 95-25 with modifications, findings, and suggested conditions of approval as set forth on Attachment No. 3 of the RCA dated 5/20/96. [(1) As amended by language change (a.) waiver of 4.5 foot alley dedication) to be a Finding of Approval rather than denial (2) Add finding that a finding is also included that it is a blind alley with no through traffic -- 5-1 -- Green - NO Conditions of approval to be amended by staff to accommodate City Council-s motion on appeal-- 5-1 -- Garofalo - NO] FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 95-84/SPECIAL PERMITS / COASTAL DEVELOPMENT PERMIT NO. 95-25 (Standard Market- 126 Main Street) FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 95- 84: 1. The establishment, maintenance and operation of an aproximately 9,475 sq.ft. two story, retail/restaurant building, as modified by conditions bf approval, 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 because: a. The project layout will be consistent with the intent of the Downtown Specific Plan(DTSP). b. Outdoor opportunities will be provided to encourage pedestrian activity. c. Parking will be provided by the Downtown ParkingMaster Plan and payment of in-lieu parking fees. d. The project is consistent with the Visitor Serving Commercial land use designation of the General Plan. 2. Conditional Use Permit No. 95-84 for an approximately 9,475 sq.ft. two story, retail/restaurant building, as modified by conditions of approval, will be compatible with surrounding uses because : a. Views will not be blocked and light and air corridors will be provided. b. The proposed project will improve the appearance of a visual degraded site with the construction of a building of Mediterranean design, the established design theme for the area. 3. The proposed retail/restaurant building, as modified by conditions of approval, will comply with the provisions of the base district, which is Downtown Specific Plan District 3, applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, and any specific condition required for the proposed use in the district in which it would be located, except for the special permit approved herein. gApierce\cc\0302 CCaction\CUP95-84 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use EIement designation of Visitor Serving Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Ensure commercial development that is economically viable, attractive, well related to other land uses, and satisfies the needs of the City's residents. b. Promote the development of services and facilities to support a.tourist industry. I c. Protect, encourage, and where feasible, provide visitor serving facilities in the coastal zone which_ are varied in type and price. d. Preserve and enhance visual resources within the coastal zone. FINDING FOR APPROVAL- SPECIAL PERMIT: 1. The requested special permit to allow a zero rear yard setback(in lieu of a minimum three feet) adjacent to the alley promotes a better urban environment and is consistent with objectives of the DTSP in achieving a development adapted to the terrain and compatible with the surrounding environment. The required four and one-half foot alley dedication increases the alley width to 24 feet. This alley does not accommodate through traffic and will provide adequate access for fire and police safety, deliveries, and trash collection; therefore, no additional setback is necessary. FINDINGS FOR DENIAL- SPECIAL PERMITS: 1. The following requested special permits do not promote a better urban environment: a. Waiver of 4.5 foot alley dedication, b. Two foot setback for the first floor and zero setback for the second floor on Main Street in lieu of five feet setback("build-to" line), and c. Half of the building on Walnut Avenue at a zero setback and half of the building on Walnut Avenue at a three foot setback in lieu of five foot setback("build-to" line). There are no significantly greater benefits, such as greater open space and greater setbacks, from the project to be provided than would occur if all the minimum requirements were met. The special permits reduce opportunities for outdoor dining and pedestrian oriented activity and result in overbuilding of the site. The proposed building does not provide an upper story setback and, therefore, special permits create an increase in building bulk. They are inconsistent with the goals and objectives of the DTSP .2. The requested special permits do not provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design. The proposed building gApierce\cc\0302 CCaction\CUP95-84 design does not provide area for signage or outdoor activities. The special permits create a building length that is not compatible with new construction in District 3. 3. The requested special permits are not consistent with objectives of the DTSP in achieving a development adapted to the terrain and compatible with the surrounding environment. The proposed project blocks view, air, and light corridors and does not provide setbacks.compatible with new construction in District 3. FINDINGS FOR APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 95-25: 1. The development project, as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program and will not impact public views or access. 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. The proposed development as modified by conditions of approval will conform to all applicable city codes, including height, setbacks, and parking. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. Infrastructure currently exists to the site and will be modified to conform to (the City's current) standards and specifications. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. g:\pierce\cc\0302 CCaction\CUP95-84 i SUGGESTED CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 95-84/ COASTAL DEVELOPMENT PERMIT NO. 95-25: 1. The site plan, floor plans, and elevations received and dated January 17, 1996, shall be revised to reflect the following modifications: a. A 4.5 square-foot alley dedication shall be provided. b. A minimum five (5) foot front setback shall be provided from the new property line to the building along Main Street and along Walnut Avenue. c. A plaque shall be incorporated into the building design identifying the historic significance of the of the site. d. The second floor deck along Main Street shall be a minimum seven(7) feet wide and shall be located behind the minimum five foot setback requirement. e. Reduce the width of the columns to minimize their interference with the building. f. Main Street and Walnut Avenue elevations shall be revised to the satisfaction of the Community Development Department to include area(s)to accommodate signage. g. The pavement treatment (stamped concrete) shall extend along Main Street and Walnut Avenue frontages to the property line except in areas designed for landscaping. 2. Prior to submittal for building permits, the following shall be completed: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. c. The Design Review Board and the Community Development Department shall review and approve the following: (1) Revised site plan and elevations as modified pursuant to Condition No. 1. (2) Historical plaque language and placement. (3) Planned Sign Program. d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not gApierce\cc\0302 CCaction\CUP95-84 designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. Elevations shall depict colors and building materials proposed and as approved by the Design Review Board. h. Maximum separation between building wall and property line shall not exceed two (2) inches. i. The reference page for the working drawings for building, plumbing, electrical, and mechanical permits shall include all conditions of approval imposed on the project printed verbatim. 1) A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the fire Department prior to installation. The system will provide the following: a) water flow, valve tamper and trouble detection and 'b) 24 hour supervision. (FD) 2) Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and UBC standards. Shop drawings will be submitted to an approved by the Fire Department. (FD) 3) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 4) Elevators will be sized to accommodate an ambulance gurney minimum six(6) foot, eight (8) inches wide by four(4) foot, three (3) inches deep with minimum 42 inch opening. (FD) 5) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum often (10) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) 6) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) gApierce\cc\0302 CCaction\CUP95-84 7) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification#422 and #431 for the abandonment of oil wells and site restoration. (FD) 8) The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification#429 for new construction within the methane gas overlay districts. (FD) k. Participation in the in-lieu parking fee program shall require a Declaration from the property owner. Said declaration shall indicate the total number of parking spaces required and the amount of spaces to be provided by payment of in-lieu fees. A coy of the legal instrument shall be approved by the City Attorney as to form and content and when approved, shall be recorded in the Office of the Orange County Recorder. A copy of the recorded declaration shall be filed with the Department of Community Development. (Resolution Nos. 6720 and 6721) 1. Participation in the in-lieu parking fee program shall require payment by the property owner at full cost recovery paid by the applicant. m. If the property owner elects to pay the in-lieu parking fee in installments, a lien in favor of the City shall be recorded on the property and first year payment shall be submitted to the Department of Community Development. n. The property owner shall dedicate 4.5 feet along the rear property line (alley) and 4.0 feet along the front property line (Main Street). 3. Prior to issuance of demolition permit and/or grading permit, the following shall be completed: a. An adequate monitoring and/or bonding program shall be established to ensure that demolition and construction vibration impacts to not adversely affect off-site structures. (Mitigation Measure) b. The applicant shall complete comprehensive documentation of the project as it currently exists. The documentation shall be in accordance with standards established by the Historical American Buildings Survey/Historical American Engineering Records (HABS/HAER). The report shall be submitted to the City and archivally maintained with provisions for public access. The costs associated with preparation of the documentation shall be the responsibility of the property owner; maintenance costs shall be the responsibility of the City. (Mitigation Measure) c. The applicant shall provide 45 days written notice to the City of Huntington Beach Historic Resources Board informing them of such activity. The Board may relocate, dully document and/or preserve significant architectural elements. The applicant/property owner shall not incur any costs associated with moving or documenting the structure by the Board. (Mitigation Measure) d. Any hazardous substances contained on the site shall be identified and removed in compliance with City, State, and Federal standards. (Mitigation Measure) i g:\pierce\cc\0302 CCaction\CUP95-84 e. Any asbestos contained on-site or in the existing structure shall be identified and removed in compliance with City, State, and Federal standards, including an asbestos abatement program to be reviewed and approved by the Building Official. (Mitigation Measure) 4. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Department of Public Works. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with the Downtown Specific Plan, Downtown Design Guidelines, and Chapter 231 of the Zoning and Subdivision Ordinance. The set must be approved by the Public Works Department and Community Development Department. (PW) c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). (This plan, in addition to grading, shall include all of } the required off-site requirements.) (PW) f d. The existing catch basin on Walnut Avenue shall be modified to conform with Standard Plan No. 302, including installation of a V4 3/4 inch galvanized protection bars per Standard Plan No. 301. (PW) e. A grease trap, maintained by the owner, shall be installed at a location approved by the Public Works Department. (PW) f. The developer shall install new six(6) inch sewer lateral located in the alley. (PW) g. The developer shall submit a separate utility plan, showing water service connections to the proposed building in accordance with applicable U.P.C., City Ordinances, Public Works Standards and Water Division Design Criteria. These plans shall be approved, prior to any construction, by the.Public Works Water Division and the City of Huntington Beach Fire Department. (PW) h. The proposed building shall have a separate two (2) inch minimum domestic water service with backflow protection, and a four(4) inch minimum fire service assembly per Water Division Standard Plan No's. 603B, 609 and 618 respectively. Both the domestic water service and fire service assembly shall be served by the existing eight (8) inch water main located within Walnut Avenue. (PW) i. The water system shall be designed and installed per the City of Huntington Beach Water Division's Design Criteria, Standards Plans and Specifications. (PW) gApierce\cc\0302 CCaction\CUP95-84 _ y j. The existing water service located within the alley shall be abandoned, at the main, per Water Division Specifications. (PW) k. The developer shall provide adequate screening of the proposed backflow prevention devices for both the domestic water service and the fire service assembly. Both backflow devices shall be painted to match the surrounding aesthetics. The markings, indicating the size, model number and serial number, shall be permanently affixed to the body of the backflow device and must remain visible after painting. The location of the backflow device shall be approved by the Water Division, and.the City Landscape Architect prior to installation. (PW) (Mitigation Measure) 1. All existing overhead utilities shall be installed underground. (PW) (Mitigation Measure) in. The applicant shall file a parcel map to consolidate Lots 26 and 28 Block 103 of the Huntington Beach Tract. The parcel map shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Community Development. n. An interim parking and/or building materials storage plan shall be submitted to the department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. o. A planned sign program shall be submitted and approved for all signage. Said program shall be approved prior to the first sign request. 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first-stage smog alerts); e. Discontinue construction during second stage smog alerts. 6. Prior to final approval of the building permit (or issuance of a Certificate of Occupancy), the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping)to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. gApierce\ce\0302 CCaction\CUP95-84 i c. Compliance with all conditions of approval specified herein shall be accomplished. i . i d. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 7.. Prior to the sale of any alcoholic beverages, a conditional use permit shall be approved by the Zoning i Administrator. 8. Prior to commencement of live entertainment or outdoor dining, a new conditional use permit shall be required. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. All applicable Public Works fees shall be paid. (PW) 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. (PW) 3. An encroachment permit shall be required for all work within the City right-of-way. (PW) 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 5. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 7. Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. g:\pierce\cc\0302 CCaction\CUP95-84 I Council/Agency Meeting Held: 5f o /2!p Deferred/Continued to: 6Approved ❑ C nd' i Wally AoorrnP Denied City Clerk's Siatature Council Meeting Date: May 26, 19 6 Department ID Number: CD 96-30 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Admi istrat /j-- PREPARED BY: MELANIE S. FALLON, Community Development Directo SUBJECT: APPEAL TO THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO. 95-84 WITH SPECIAL PERMITS / COASTAL DEVELOPMENT PERMIT NO. 95-25 / NEGATIVE DECLARATION NO. 95-11 (STANDARD MARKET) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmen al Status,Attachment(s) Statement of Issue: Transmitted for your consideration is an appeal by Mayor Dave Sullivan to.the Planning Commission's conditional approval of Conditional Use Permit No. 95-84 with Special Permits, Coastal Development Permit No. 95-25, and Negative Declaration No. 95-11. The applications represent a request to demolish an historic structure built in 1928 at 126 Main Street (former Standard Market) and construct a 9,475 square foot, two-story commercial building with special permits for waivers from code required alley dedication, rear yard setback, and build-to line on Main Street and on Walnut Avenue. The applicant also requests participation in the in-lieu parking fee program. The appeal is based on concerns relative to the approved.special permits for reduced ground level and upper story setbacks. The Planning Staff is recommending approval of the request with modifications that delete and/or modify the special permit requests that allow the building to encroach into required setbacks. Funding Source: Not applicable REQUEST FOR COUNCIL ACTION MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: CD 96-30 Recommended Actions: A. PLANNING COMMISSION RECOMMENDATION: Motion to: A. "Approve Negative Declaration No. 95-11 with Mitigation Measures (Attachment No. 11)," and B. "Uphold the Planning Commission's action by approving Conditional Use Permit No. 95-84 with Special Permits and Coastal Development Permit No. 95-25 with findings and conditions of approval." (Attachment No. 2) Planning Commission Action on April 9. 1996 (See Attachment No. 11) The Planning Commission discussed the project and suggested conditions of approval. Three straw votes were taken regarding the special permits as follows: 1. A motion made by Livengood and seconded by Kerins was unanimously approved to require a 4.5 ft. alley dedication and grant a zero rear yard setback. 2. A motion made by Livengood and seconded by Tillotson was approved to accept the Walnut Avenue setback as proposed. (Kerins and Speaker no, Gorman absent) 3. A motion made by Livengood and seconded by Holden was approved to accept the .Main Street setback as proposed. (Kerins and Biddle no, Gorman absent) THE MOTION MADE BY LIVENGOOD, SECONDED BY KERINS, TO APPROVE CONDITIONAL USE PERMIT NO. 95-84 WITH SPECIAL PERMITS AND COASTAL DEVELOPMENT PERMIT NO. 95-25 WITH FINDINGS AND CONDITIONS OF APPROVAL (ATTACHMENT NO. 2) CARRIED BY THE FOLLOWING ROLL CALL VOTE: AYES: HOLDEN, LIVENGOOD, BIDDLE, TILLOTSON, KERINS, SPEAKER NOES: NONE ABSENT: GORMAN ABSTAIN: NONE MOTION PASSED CD96-30.DOC -2- 05/09/96 8:41 AM REQUEST FOR COUNCIL ACTION MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: CD 96-30 B. PLANNING STAFF RECOMMENDATION: Motion to: A. "Approve Negative Declaration No. 95-11 with Mitigation (Attachment No. 10)," and B. "Overturn the Planning Commission's action by approving Conditional Use Permit No. 95-84 with one (1) Special Permit and Coastal Development Permit No. 95-25 with modifications, findings, and suggested conditions of approval." (Attachment No. 3) Alternative Action(s): The City Council may make the following alternative motions: Motion to: A. "Continue Conditional Use Permit No. 95-84 with Special Permits and Coastal Development Permit No. 95-25 and direct staff accordingly." B. "Deny Conditional Use Permit No. 95-84 with Special Permits and Coastal Development Permit No. 95-25 with findings." Analysis: A. PROJECT PROPOSAL: Applicant: Richard A. Harlow 211-B Main Street Huntington Beach, CA 926648 Appellant: Mayor Dave Sullivan Property Owner: Mohammed and Adel Zeidan, 301 17th Street, Huntington Beach, CA 92648 Location: 126 Main, northeast corner of Main Street and Walnut Avenue CD96-30.DOC -3- 05/09/96 8:41 AM REQUEST FOR COUNCIL ACTION MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: CD 96-30 Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25 represent a request for the following: A:;-. To construct a 9,475 square foot, two-story commercial building, within the coastal zone, consisting of approximately 4,584 square feet of restaurant area and 4,890 square feet of retail commercial area pursuant to Section 4.5.01 (b) of the Downtown Specific Plan (DTSP). B. To participate in the in-lieu parking fee program pursuant to Section 4.2.13 of the DTSP. Special permits are requested (also see Attachment Nos. 5, 6, 7) for the following: ::»»::>::::>t::>:::::.:>:.::.:;.;:.;:.;:....;...;...........................................:.................................................................. ............................................................................... .. ....: : « .< t 5 ......N......T..................................................? � E~. .: . �. :..... :..... i . . a : .: : . ..: . . . :. >::;::::::: .. . :::::: : ............. . E E IREM .... ; 3. .....T:..:..:.....5...................................................I..:..✓.:.....:.......... ... ........,..............:..:.::...:.::.. 1. Alley dedication 0 ft. 4.5 ft. dedication 4.5.08 2. Rear yard setback (alley) 0 ft. minimum 3 ft. 4.5.08 3. Main St. setback First floor 2 ft. 5 ft. "build-to line" 4.5.06 (setback) Second floor 0 ft. 5 ft. "build-to line" setback 4. Walnut Ave. setback First floor 5 ft. for front 1/2 of 5 ft. "build-to line" 4.5.07(b) building and 0 ft. (setback) for rear 1/2 of building Second floor 5 ft. "build-to line" 3 ft. for front 1/2 of (setback) building and 0 ft. for rear 1/2 of building The 5,875 square foot site is presently occupied by an 8,875 square foot vacant commercial building which was constructed in 1928 and is considered an historic structure. The building had a fire in 1990 and, due to fire damage and seismic safety (structural) issues, has remained vacant since that time. This Zigzag Moderne design building will be demolished, and none of its historic features will be incorporated into the proposed building. Architectural design for the proposed building follows the Mediterranean theme established in the Downtown Design Guidelines. The features include sand tone stucco, tile roof, and glass windows and balcony enclosures. First floor recess at the intersection of Walnut CD96-30.DOC -4- 05/09/96 8:41 AM REQUEST FOR COUNCIL ACTION MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: CD 96-30 Avenue and Main Street and the second floor balcony suggest possible locations for restaurant use which will be actually determined during the building leasing. B. PLANNING COMMISSION MEETING SUMMARY: On April 9, 1996, the Planning Commission acted to conditionally approve the project. During the public hearing two persons spoke in favor of the project. The project designer stated that based on building design and setback variations in the Downtown, he felt that the project conforms with the overall intent of the DTSP standards. He believed that conformance with staffs recommendations and code requirements would create an unpleasing design. The Commission conditionally approved the Conditional Use Permit with Special Permits and Coastal Development Permit and denied the Special Permit request for waiver of 4.5 feet dedication along the rear of the property. The Planning Commission agreed with the applicant's justification for the special permits. C. APPEAL: On April 19, 1996, Mayor Sullivan appealed the Planning Commission's conditional approval of Conditional Use Permit No. 95-84 with Special Permits and Coastal Development Permit No. 95-25 (Attachment No. 1). The reason stated in the appeal is to allow the City Council to discuss the ground level and upper story setbacks along Main Street, Walnut Avenue, and the alley at 126 Main Street. D. STAFF ANALYSIS AND RECOMMENDATION: In the Planning Commission staff report (Attachment No. 8), special permits, historical significance, parking, and land use compatibility were discussed. This analysis focuses on the special permits since they are the primary reason for the appeal. The applicant requested four special permits for deviations to the Code. The Planning Commission approved the project with three of the special permits which are discussed below: 1. Zero rear yard setback. The applicant requests that the minimum three ft. rear building setback be zero. (The Planning Commission did not grant the special permit for waiver of alley dedication; therefore the special permit request equates to a zero ft. setback from the ultimate right-of-way.) The DTSP contains a minimum rear yard setback requirement for a number of reasons. First, it ensures that the walls, projections, and openings of buildings comply with building and fire safety codes adopted by the City. Second, the rear yard setback area buffers a building from alley activity and may provide extra space for vehicle clearance CD96-30.DOC -5- 05/09/96 8:41 AM REQUEST FOR COUNCIL ACTION MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: CD 96-30 and trash collection. Third, it allows for architectural projections to make a building more aesthetically pleasing. This is especially important since the rear portion of the proposed building will be highly visible from Walnut Avenue and will project beyond the Pierside Pavilion facade out towards Walnut Avenue. Staff recommends that the new building comply with the DTSP rear yard setback measured from alley dedication as required by the DTSP. Compliance with the minimum three ft. rear setback will be consistent with the rear yard setback provided for new construction in other appraoved projects within District 3. Granting a variance to the rear yard setback would be a grant of special privilege. 2. Two foot setback for the first floor and zero setback for the second floor facing Main Street in lieu of a five foot "build-to" line. The applicant states that the site plan provides for a four foot dedication along Main Street and a two foot. He believes this is consistent with the dedication and setback requirement along Main Street for Main-Pier Phase II (Coultrup). He also mentions in his letter of justification that the project includes a plaza at the intersection of Main Street and Walnut Avenue which provides open space that is not required of other buildings on Main Street. In reviewing the approved plans for Main-Pier Phase II, which has not been constructed, there was a special permit approved for reduced front yard setbacks for four buildings at 117-123 Main Street. However, conditions of approval in conjunction with the special permits require that the Main Street buildings be no more than 100 feet in depth while this project has a building depth of 109 feet. Also the ground level building facade is to be recessed two feet after dedication and the second floor be setback 20 feet. As shown below, the applicant's request is not consistent with Main Pier Phase II: :.:.....:.....:...............::.............:.::.::.::.::.::.::.:>:.::<.>.-.-:....:........:::.::::::.:.:::.......:.::<.::.>:.::.::.:;:.: :::: ...;...........:....... .................... t ; >.::':::::::.::.:.:.... E... . 'HS OT...> « > .........:....:. C# ll»TRUP.............::::..:......PROP£1SA ............................. First floor setback minimum 5 ft. "build- 2 ft. 2 ft. to" line Second floor setback minimum 5 ft. "build- 20 ft 0 ft. to" line Main St. dedication 4 feet 4 feet 4 feet Allowable building 101 feet 100 feet 109 feet depth The DTSP requires a minimum of 540 sq. ft. of public open space on private property within the project. This open space area may be located on the ground floor or on upper levels designed and accessible for use by the general public. The plans depict 869 sq. ft. of open space, which varies in width from 2 ft. to 8 ft. However, the useable portion of this open space is 659 sq. ft. including an 111 sq. ft. ground floor privately CD96-30.DOC -6- 05/09/96 8:41 AM REQUEST FOR COUNCIL ACTION MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: CD 96-30 owned, public plaza area. Staff does not believe that this corner open space justifies granting of a special permit to encroach into the required front setback. The"DTSP.states parcels fronting Main Street must develop to a minimum "build-to line"'five ft. from the property line to ensure that areas are accessible to the general public. These areas can be used for open air commercial such as outdoor market, outdoor dining, or art gallery. Open space provided on the second level may be used for outdoor dining, but remain accessible to the public. Compliance with the building setback requirement on Main Street ensures that intent and design concept of the Downtown Specific Plan is retained. It reduces the canyon effect along Main Street; provides additional view, light and air corridors; increases the pedestrian scale; and allows outdoor activity. Staff does not support the front setback as proposed, and recommends that the building comply with the "build-to" requirement and that the second floor balcony be setback behind the structural columns of the first floor. These modifications will provide sufficient space for outdoor activities and reduce the building bulk adjacent to the street. A majority of new construction Downtown has provided upper story setbacks to give the building relief and not overwhelm the pedestrians. Parking demand will be reduced by the modification in building area and up to 400 sq. ft. of outdoor dining can be provided for a ground floor. Construction will then comply with the front setback requirement and have a second floor offset similar to the Main-Pier Phase II project which requires a 20 ft. setback for the second floor. 3. Five foot "build-to" line on Walnut Avenue to allow half of the building at the zero ft. setback and the remaining half at five feet setback for the first floor and a three ft. setback for the second floor pursuant to Section 4.5.07(b) of the DTSP. The applicant states that the building design provides architectural variation with the offset building setback and that the alley/Walnut corner cutoff provides additional open space that is not otherwise required. Additional architectural variation can be achieved by maintaining the required "build-to-line" five ft. from Walnut Avenue. In addition, compliance with the setback requirement affords additional outdoor activity area and enhances the street scene as viewed from both Walnut Avenue and Main Street. It will also be consistent with the commercial building and parking structure across Walnut Avenue to the north. The corner cutoff at the alley is required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. Staff is not opposed to the second floor setback for the deck, and recommends that the deck continue along the entire Walnut frontage. It should be pointed out that Precise Plan of Street Alignment No. 94-1 was approved by the City Council reducing the ultimate right-of-way to the existing 70 ft. width. Therefore, the applicant is not required to dedicate an additional 10 ft. along the Walnut frontage and is able to incorporate this area into the project. Encroachment into the required "build-to" area would be a grant CD96-30.DOC -7- 05/09/96 8:41 AM REQUEST FOR COUNCIL ACTION MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: CD 96-30 of special privilege and inconsistent with the setback on the opposite side of Walnut Avenue. Staff does not support the project as proposed. The requested special permits do not comply with the recently adopted Downtown Specific Plan or provide greater benefits to the project and downtown area. These special permits create a building that is too intense for the site and results in a large and bulky building. The opportunity for outdoor dining is limited if the building is constructed as proposed. The City Council intended to maximize sidewalk and outdoor activity and provide greater pedestrian movement with the new village concept. The special permits conflict with this goal. The proposed building does not comply with new development setbacks and alley dedication in DTSP District 3. A comparison of recent DTSP developments is attached to this report (Attachment No.10). Each of these developments comply with the rear yard setback requirement. The Main Street setback varies in District 3; Main Pier Phase (Pierside Pavillion) project provides a 10 ft. setbak area along Main Street and the Main- Pier Phase II (Abdulmutti) project provides a 7 ft. setback area. Even though the Main- Pier Phase II Project (Coultrup) was granted a reduced Main Street setback for the first floor, the second floor building wall setback is 20 ft. resulting in a maximum 100 ft. deep building. The proposed building is 109 ft. deep. Staff supports a revised project with modifications to reduce and/or eliminate the special permits. The recommended modifications would delete the special permit requests as they relate to building setbacks and design. The following matrix compares the applicant's special permit requests and staffs modifications: . ::.;:.:..............::.::.::.:: :.::. S. ..........:..L:AIT.........,...,..:.::.:.: E)7 ....................:.::::::::::::::::::..: P [ T: .::>.,.:::.:::::::: TF:.. ::::::::::::::::::::::::::::::::::: :::;:-::: :....:....:........:.::.:::::::.:: :::::::»::::>::::::::>::::>::::>::::>::::>:::::RI ( U t'..................REQUEaT.......... ................I I DIF A i tE7NS..............:.::.::.......; <.;:.;:.;:.;:.;:.;:........................ ......................................................................:...............................::IG................................... Rear and setback minimum 3 feet 0 feet 3 feet` Main St. setback Ground floor 5 feet"build-to line" 2 feet 5 feet` Upper story 5 feet"build-to line" 0 feet 5 feet` Walnut Ave. setback Front 1/2 building 5 feet"build-to line" 5 feet first floor 5 feet first floor 3 feet second floor 3 feet second floor Rear 1/2 of building 5 feet"build-to line" 0 feet 5 feet first floor 3 feet second floor *Complies with Code Staffs modifications are depicted on the following site plan. CD96-30.DOC -8- 05/09/96 8:41 AM REQUEST FOR COUNCIL ACTION MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: CD 96-30 Alley 12&Ji tim Maivi 12t: 3' pear' 131d ye-{�aak �� nedica,t1'o✓�� rimvi noolz 5UII-DINo rovrrwr Qo l s 2^� r-loor �Aleony rloof OvnlCo✓ly - 771 Z--d r1cor f3glcony pajech'arl Al P✓opee+y fine 5' ?�uild�To l the ( tl��ck� ��blic �le�lk. Walm I AY6, 'Curb EM 2.0 STONY DAWNf aNCF0PACH)Kl6r IN'rO S1�T0,ACK W5a. � rA f 9j=CDMM:r,-Nt2A-r(0INl HTiA%'/ iH viENT NO. CD96-30.DOC -9- 05/09/96 8:41 AM REQUEST FOR COUNCIL ACTION MEETING DATE:-May 20, 1996 DEPARTMENT ID NUMBER: CD 96-30 E. SUMMARY: Staff recommends approval of the project with modifications that delete and/or modify the special permit requests based upon the following: • The project layout with modifications will create a better development consistent with the intent of the Downtown Specific Plan. • The proposed project with modifications will reduce the canyon effect along Main Street and Walnut Avenue, provide additional view, light, and air corridors, and improve the pedestrian scale of the building. • The proposed project with modifications will result in a building whose length is compatible with new construction in District 3. • Outdoor opportunities to encourage pedestrian activity will be provided. • The proposed layout with modifications will provide a buffer from alley activity. • The proposed layout with modifications reduces the additional parking requirement for the site. • Environmental Status: Prior to acting on the appeal, the City Council must review and act on Negative Declaration No. 95-11. Staff, in its initial study of the project, is recommending that the negative declaration be approved with mitigation measures. Attachment(s): City Clerk's Pag Number e 1. Appeal letter dated April 19, 1996,. 2. Findings and Conditions of Approval dated April 12, 1996, (Planning Commission recommendation) 3. Findings and Conditions of Approval (Staff Recommendation) 4. Site plan, floor plans, and elevations dated January 17, 1996 ..... ................. ....... ... 5. Narrative ..... ................ .gaga............ ......................... ........... ............................ ....... .. gaga......................... ... ... . ......gaga.................... . ........ .... ...... ............... ....... .......................... - .gaga.... ... ..... .............- - ........ ..... .... ............... _ . ............... 6. Special Permit Requests - First Floor 7. Special Permit Requests - Second Floor 8. Staff report dated April 9, 1996 9. Setback Comparison 10. Negative Declaration No. 95-11 with Mitigation Measures 11. Planning Commission Minutes dated April 9, 1996 CD96-30.DOC -10- 05/09/96 6:41 AM FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 95-84/ SPECIAL PERMITS/ COASTAL DEVELOPMENT PERMIT NO. 95-25 (Standard Market- 126 Main Street ) FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 95- 84: 1. The establishment, maintenance and operation of an aproximately 9,475 sq.ft. two story, retail/restaurant building, as modified by conditions of approval, 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 because: a. The project layout will be consistent with the intent of the Downtown Specific Plan (DTSP). b. Outdoor opportunities will be provided to encourage pedestrian activity. c. Parking will be provided by the Downtown Parking Master Plan and payment of in-lieu parking fees. d. The project is consistent with the Visitor Serving Commercial land use designation of the General Plan. 2. Conditional Use Permit No. 95-84 for an approximately 9,475 sq.ft. two story, retail/restaurant building, as modified by conditions of approval, will be compatible with surrounding uses because a. Views will not be blocked and light and air corridors will be provided. b. The proposed project will improve the appearance of a visual degraded site with the construction of a building of Mediterranean design, the established design theme for the area. 3. The proposed retail/restaurant building, as modified by conditions of approval, will comply with the provisions of the base district, which is Downtown Specific Plan District 3, applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, and any specific condition required for the proposed use in the district in which it would be located, except for the special permit approved herein. gApierce\cc\0302 CCaction\CUP95-84 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 Visitor Serving Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Ensure commercial development that is economically viable, attractive, well related to other land uses, and satisfies the needs of the City's residents. b. Promote the development of services and facilities to support a tourist industry. c. Protect, encourage, and where feasible, provide visitor serving facilities in the coastal zone which are varied in type and price. d. Preserve and enhance visual resources within the coastal zone. FINDING FOR APPROVAL- SPECIAL PERMIT: 1. The requested special permit to allow a zero rear yard setback(in lieu of a minimum three feet) adjacent to the alley promotes a better urban environment and is consistent with objectives of the DTSP in achieving a development adapted to the terrain and compatible with the surrounding environment. The required four and one-half foot alley dedication increases the alley width to 24 feet. This alley does not accommodate through traffic and will provide adequate access for fire and police safety, deliveries, and trash collection; therefore, no additional setback is necessary. FINDINGS FOR DENIAL- SPECIAL PERMITS: 1. The following requested special permits do not promote a better urban environment: a. Waiver of 4.5 foot alley dedication, b. Two foot setback for the first floor and zero setback for the second floor on Main Street in lieu of five feet setback ("build-to" line), and c. Half of the building on Walnut Avenue at a zero setback and half of the building on Walnut Avenue at a three foot setback in lieu of five foot setback ("build-to" line). There are no significantly greater benefits, such as greater open space and greater setbacks, from the project to be provided than would occur if all the minimum requirements were met. The special permits reduce opportunities for outdoor dining and pedestrian oriented activity and result in overbuilding of the site. The proposed building does not provide an upper story setback and, therefore, special permits create an increase in building bulk. They are inconsistent with the goals and objectives of the DTSP 2. The requested special permits do not provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design. The proposed building g:\pierce\cc\0302 CCaction\CUP95-84 design does not provide area for signage or outdoor activities. The special permits create a building length that is not compatible with new construction in District 3. 3. The requested special permits are not consistent with objectives of the DTSP in achieving a development adapted to the terrain and compatible with the surrounding environment. The proposed project blocks view, air, and light corridors and does not provide setbacks compatible with new construction in District 3. FINDINGS FOR APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 95-25: 1. The development project, as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program and will not impact public views or access. 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. The proposed development as modified by conditions of approval will conform to all applicable city codes, including height, setbacks, and parking. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. Infrastructure currently exists to the site and will be modified to conform to (the City's current) standards and specifications. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. g:\pierce\cc\0302 CCaction\CUP95-84 SUGGESTED CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 95-84/ COASTAL DEVELOPMENT PERMIT NO. 95-25: 1. The site plan, floor plans, and elevations received and dated January 17, 1996, shall be revised to reflect the following modifications: a. A 4.5 square-foot alley dedication shall be provided. b. A minimum five (5) foot front setback shall be provided from the new property line to the building along Main Street and along Walnut Avenue. c. A plaque shall be incorporated into the building design identifying the historic significance of the of the site. d. The second floor deck along Main Street shall be a minimum seven (7) feet wide and shall be located behind the minimum five foot setback requirement. e. Reduce the width of the columns to minimize their interference with the building. f. Main Street and Walnut Avenue elevations shall be revised to the satisfaction of the Community Development Department to include area(s)to accommodate signage. g. The pavement treatment (stamped concrete) shall extend along Main Street and Walnut Avenue frontages to the property line except in areas designed for landscaping. 2. Prior to submittal for building permits, the following shall be completed: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. c. The Design Review Board and the Community Development Department shall review and approve the following: (1) Revised site plan and elevations as modified pursuant to Condition No. 1. (2) Historical plaque language and placement. (3) Planned Sign Program. d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not gApierce\cc\0302 CCaction\CUP95-84 designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. Elevations shall depict colors and building materials proposed and as approved by the Design Review Board. h. Maximum separation between building wall and property line shall not exceed two (2) inches. i. The reference page for the working drawings for building, plumbing, electrical, and mechanical permits shall include all conditions of approval imposed on the project printed verbatim. 1) A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the fire Department prior to installation. The system will provide the following: a) water flow, valve tamper and trouble detection and b) 24 hour supervision. (FD) 2) Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and UBC standards. Shop drawings will be submitted to an approved by the Fire Department. (FD) 3) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 4) Elevators will be sized to accommodate an ambulance gurney minimum six (6) foot, eight (8) inches wide by four(4) foot, three (3) inches deep with minimum 42 inch opening. (FD) 5) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) 6) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) gApierce\cc\0302 CCaction\CUP95-84 7) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification#422 and#431 for the abandonment of oil wells and site restoration. (FD) 8) The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification#429 for new construction within the methane gas overlay districts. (FD) k. Participation in the in-lieu parking fee program shall require a Declaration from the property owner. Said declaration shall indicate the total number of parking spaces required and the amount of spaces to be provided by payment of in-lieu fees. A copy of the legal instrument shall be approved by the City Attorney as to form and content and when approved, shall be recorded in the Office of the Orange County Recorder. A copy of the recorded declaration shall be filed with the Department of Community Development. (Resolution Nos. 6720 and 6721) 1. Participation in the in-lieu parking fee program shall require payment by the property owner at full cost recovery paid by the applicant. m. If the property owner elects to pay the in-lieu parking fee in installments, a lien in favor of the City shall be recorded on the property and first year payment shall be submitted to the Department of Community Development. n. The property owner shall dedicate 4.5 feet along the rear property line (alley) and 4.0 feet along the front property line (Main Street). 3. Prior to issuance of demolition permit and/or grading permit, the following shall be completed: a. An adequate monitoring and/or bonding program shall be established to ensure that demolition and construction vibration impacts to not adversely affect off-site structures. (Mitigation Measure) b. The applicant shall complete comprehensive documentation of the project as it currently exists. The documentation shall be in accordance with standards established by the Historical American Buildings Survey/Historical American Engineering Records (HABS/HAER). The report shall be submitted to the City and archivally maintained with provisions for public access. The costs associated with preparation of the documentation shall be the responsibility of the property owner; maintenance costs shall be the responsibility of the City. (Mitigation Measure) c. The applicant shall provide 45 days written notice to the City of Huntington Beach Historic Resources Board informing them of such activity. The Board may relocate, dully document and/or preserve significant architectural elements. The applicant/property owner shall not incur any costs associated with moving or documenting the structure by the Board. (Mitigation Measure) d. Any hazardous substances contained on the site shall be identified and removed in compliance with City, State, and Federal standards. (Mitigation Measure) g:\pierce\cc\0302 CCaction\CUP95-84 e. Any asbestos contained on-site or in the existing structure shall be identified and removed in compliance with City, State, and Federal standards, including an asbestos abatement program to be reviewed and approved by the Building Official. (Mitigation Measure) 4. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Department of Public Works. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with the Downtown Specific Plan, Downtown Design Guidelines, and Chapter 231 of the Zoning and Subdivision Ordinance. The set must be approved by the Public Works Department and Community Development Department. (PW) c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). (This plan, in addition to grading, shall include all of the required off-site requirements.) (PW) d. The existing catch basin on Walnut Avenue shall be modified to conform with Standard Plan No. 302, including installation of a-/4 3/4 inch galvanized protection bars per Standard Plan No. 301. (PW) e. A grease trap, maintained by the owner, shall be installed at a location approved by the Public Works Department. (PW) f. The developer shall install new six (6) inch sewer lateral located in the alley. (PW) g. The developer shall submit a separate utility plan, showing water service connections to the proposed building in accordance with applicable U.P.C., City Ordinances, Public Works Standards and Water Division Design Criteria. These plans shall be approved, prior to any construction, by the Public Works Water Division and the City of Huntington Beach Fire Department. (PW) h. The proposed building shall have a separate two (2) inch minimum domestic water service with backflow protection, and a four (4) inch minimum fire service assembly per Water Division Standard Plan No's. 603B, 609 and 618 respectively. Both the domestic water service and fire service assembly shall be served by the existing eight (8) inch water main located within Walnut Avenue. (PW) i. The water system shall be designed and installed per the City of Huntington Beach Water Division's Design Criteria, Standards Plans and Specifications. (PW) gApierce\cc\0302 CCaction\CUP95-84 j. The existing water service located within the alley shall be abandoned, at the main, per Water Division Specifications. (PW) k. The developer shall provide adequate screening of the proposed backflow prevention devices for both the domestic water service and the fire service assembly. Both backflow devices shall be painted to match the surrounding aesthetics. The markings, indicating the size, model number and serial number, shall be permanently affixed to the body of the backflow device and must remain visible after painting. The location of the backflow device shall be approved by the Water Division, and the City Landscape Architect prior to installation. (PW) (Mitigation Measure) 1. All existing overhead utilities shall be installed underground. (PW) (Mitigation Measure) m. The applicant shall file a parcel map to consolidate Lots 26 and 28 Block 103 of the Huntington Beach Tract. The parcel map shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Community Development. n. An interim parking and/or building materials storage plan shall be submitted to the department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. o. A planned sign program shall be submitted and approved for all signage. Said program shall be approved prior to the first sign request. 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 6. Prior to final approval of the building permit (or issuance of a Certificate of Occupancy), the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping)to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. gApierce\cc\0302 CCaction\CUP95-84 c. Compliance with all conditions of approval specified herein shall be accomplished. . d. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 7. Prior to the sale of any alcoholic beverages, a conditional use permit shall be approved by the Zoning Administrator. 8. Prior to commencement of live entertainment or outdoor dining, a new conditional use permit shall be required. INFORMATION ON SPECIFIC CODE REQUIREMENTS: I. All applicable Public Works fees shall be paid. (PW) 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. (PW) 3. An encroachment permit shall be required for all work within the City right-of-way. (PW) 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 7. Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. g:\pierce\cc\0302 CCaction\CUP95-84 '- 5 RECEIVED CITY OF HUNTINGTON BKAW,,"F h CITY COUNCIL COMMUNICAT1QNTINGTOti B-Cl''cAi'iQF' HUNTMTON 3EACH µ�R I 08 F11 J� TO: Connie Brockway, City Clerk FROM: Dave Sullivan, Mayor Z)S DATE: April 19, 1996 SUBJECT: Appeal of Conditional Use Permit No. 95-84, Coastal Development Permit No. 95-25 with Special Permits (Standard Market) I would like to appeal the approval of special permits for Conditional Use Permit No. 95- 84 in order for the City Council to discuss the ground level and upper story setbacks along Main Street, Walnut Avenue, and the alley for the subject project. DS:lp xc: Mike Uberuaga Pat Dapkus -t.. ATTA . . 2 • Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 April 12, 1996 Mohammed and Adel Zeidan 301 17th Street Huntington Beach, CA 92648 SUBJECT: CONDITIONAL USE PERMIT NO. 95-84 WITH SPECIAL PERMIITS/ COASTAL DEVELOPMENT PERMIT NO. 95-25/NEGATIVE DECLARATION NO 95-11 (STANDARD MARKET) PROPERTY OWNER: Mohammed and Adel Zeidan, 301 17th Street, Huntington Beach, CA' 92648 REQUEST: To construct a 9,475 square foot, two-story commercial building with special permits for waivers from alley dedication, rear yard setback, and build-to line on Main Street and on Walnut Avenue; and participation in the in-lieu parking fee program. DATE ACCEPTED: February 19, 1996 LOCATION: 126 Main St. (Southeast corner of Main Street and Walnut Avenue) DATE OF ACTION: April 9, 1996 Your application was acted upon by the Planning Commission of the City of Huntington Beach on April 9, 1996, and your request was Conditionally Approved. Attached to this letter are the Findings and Conditions of Approval for this application. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for in relation to the vicinity in which it is proposed. The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing of your total application. (pcc1052-8) Under the provisions of the Huntington Beach Ordinance code, the action taken by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of twelve hundred ($1,200) dollars and be submitted to the City Clerk's office within ten (10) days of the date of the Commission's action. In your case, the last day for filing an appeal and paying the filing fee is April 19, 1996 Provisions of the Huntington Beach Ordinance Code are such that any application becomes null and void one (1) year after final approval, unless actual construction has started. If there are any further questions, please contact Susan Pierce, Associate Planner at (714) 536- 5271. Sincerely, Howard Zelefsky, Secretary Planning Commission by: Scott 4es , CP Senior Planner Attachment: Findings and Conditions of Approval/Findings for Denial (pcc1052-9) FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 95-84 FINDINGS FOR APPROVAL- CONDITIONAL USE PERTNTIT NO. 95- 84: 1. The establishment, maintenance and operation of a 9,475 sq.ft. two story building will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because a. The project layout is consistent with the intent of the Downtown Specific Plan. b. Parking will be provided by the Downtown Parking Master Plan and payment of in-lieu parking fees. c. The project is consistent with the Visitor Serving Commercial land use designation of the General Plan. 2. Conditional Use Permit No. 95-84 with Special Permits for a 9,475 sq.ft. two story building will be compatible with surrounding uses because : a. Views will not be blocked and light and air corridors will be provided. b. The proposed.project will improve the appearance of a visual degraded site with the construction of a building of Mediterranean design, the established design theme for the area. 3. Conditional Use Permit No. 95-84 with Special Permits for the proposed 9,475 sq. ft., two- story building will comply with the provisions of the base district, which is Downtown Specific Plan District 3, applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, and any specific condition required for the proposed use in the district in which it would be located. 4. The granting of the conditional use permit with special permits for a 9,475 sq.ft. two story building will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Visitor Serving Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Ensure commercial development that is economically viable, attractive, well related to other land uses, and satisfies the needs of the City's residents. (pcc1052-10) b. Promote the development of services and facilities to support a tourist industry. c. Protect, encourage, and where feasible, provide visitor serving facilities in the coastal zone which are varied in type and price. d. Preserve and enhance visual resources within the coastal zone. FINDINGS FOR APPROVAL- SPECIAL PERNIITS: 1. The following special permits were approved: a) zero rear yard setback in lieu of minimum three feet; b) two foot setback for the first floor and zero setback for the second floor on Main Street in lieu of 5 feet "build-to" line (setback); c) half of the building first and second floors on Walnut Avenue at a zero setback in lieu of 5 foot "build-to" line; and d) a three foot setback for the second floor adjacent to Walnut Avenue, in lieu of five foot "build-to" line (setback), promote a better urban environment. There are significantly greater benefits from the project to be provided than would occur if all the minimum requirements were met. The special permits allow a larger second floor deck area. 2. The special permits provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design. The varying setbacks provide for more variation in building facades and are compatible with surrounding developments. 3. The special permits are consistent with objectives of the DTSP in achieving a development adapted to the terrain and compatible with the surrounding environment. The project provides setbacks compatible with construction in the vicinity. FLNi DING FOR DENIAL- SPECIAL PEIUNHT 1. The special permit for waiver of 4.5 foot alley dedication was denied because it does not promote a better urban environment. The existing alley constrains vehicular activity associated with fire and police safety, deliveries, and trash collection. FLNDINGS FOR APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 95-25: 1. The development project conforms with the General Plan, including the Local Coastal Program and will not impact public views or access. 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. The proposed development as modified by conditions of approval will conform to all applicable city codes, as modified by the special permits. (pcc1052-11) 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. Infrastructure currently exists to the site and will be modified to conform to the City's current standards and specifications. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. SUGGESTED CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 95- 84/ COASTAL DEVELOPMENT PERTNUT NO. 95-25: 1. The site plan, floor plans, and elevations received and dated January 17, 1996, shall be revised to reflect the following modifications: a. A 4.5 foot alley dedication shall be provided. b. A plaque shall be incorporated into the building design identifying the historic significance of the of the site. c. Reduce the width of the columns to minimize their interference with the building. d. Main Street and Walnut Avenue elevations shall be revised to the satisfaction of.the Community Development Department to include area(s)to accommodate signage. e. The pavement treatment (stamped concrete) shall extend along Main Street and Walnut Avenue frontages to the property line except in areas designed for landscaping. 2. Prior to submittal for building permits, the following shall be completed: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. c. Elevations shall depict colors and building materials proposed and as approved by the Design Review Board. d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. (pcc1052-12) f. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. The Design Review Board and the Community Development Department shall review and approve the following: (1) Revised site plan and elevations as modified pursuant to Condition No. 1. (2) Historical plaque language and placement. (3)Planned Sign Program. h. Maximum separation between building wall and the southerwesterly property line shall not exceed two (2) inches. i. The reference page for the working drawings for building, plumbing, electrical, and mechanical permits shall include all conditions of approval imposed on the project printed verbatim. j. Fire Department requirements shall be noted on the building plans: 1) A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the fire Department prior to installation. The system will provide the following: a) water flow, valve tamper and trouble detection and b) 24 hour supervision. (FD) 2) Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and UBC standards. Shop drawings will be submitted to and approved by the Fire Department. (FD) 3) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 4) Elevators will be sized to accommodate an ambulance gurney minimum six(6) foot, eight (8) inches wide by four (4) foot, three (3) inches deep with minimum 42 inch opening. (FD) 5) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of ten(10) inches with a brush stroke of one and one-half(1-1/2) inches. (FD) (pcc1052-13) 6) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) 7) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification 9422 and 4431 for the abandonment of oil wells and site restoration. (FD) 8) The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification#429 for new construction within the methane gas overlay districts. (FD) 3. Prior to issuance of demolition permit and/or grading permit, the following shall be completed: a. An adequate monitoring and/or bonding program shall be established to ensure that demolition and construction vibration impacts to not adversely affect off-site strudtures. (Mitigation Measure) b. The applicant shall complete comprehensive documentation.of the project as it currently exists. The documentation shall be in accordance with standards established by-the Historical American Buildings Survey/Historical American Engineering Records (HABS/HAER). The report shall be submitted to the City and archivally maintained with provisions for public access. The costs associated with preparation of the documentation shall be the responsibility of the property owner; maintenance costs shall be the responsibility of the City. (Mitigation Measure) c. The applicant shall provide 45 days written notice to the City of Huntington Beach Historic Resources Board informing them of such activity. The Board may relocate, fully document and/or preserve significant architectural elements. The applicant/property owner shall not incur any costs associated with moving or documenting the structure by the Board. (Mitigation Measure) d. Any hazardous substances contained on the site shall be identified and removed in compliance with City, State, and Federal standards. (Mitigation Measure) e. Any asbestos contained on-site or in the existing structure shall be identified and removed in compliance with City, State, and Federal standards, including an asbestos abatement program to be reviewed and approved by the Building Official. (Mitigation Measure) 4. Prior to issuance of building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. (pcc1052-14) b. A Landscape Construction Set must be submitted to the Department of Public Works. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect indicating all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with the Downtown Specific Plan, Downtown Design Guidelines, and Chapter 231 of the Zoning and Subdivision Ordinance. The set must be approved by the Public Works Department and the Community Development Department. (PW) c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). (This plan, in addition to grading, shall include all of the required off-site requirements.) (PW) d. The existing catch basin on Walnut Avenue shall be modified to conform with Standard Plan No. 302, including installation of a 3/4 inch galvanized protection bars per Standard Plan No. 301. (PW) e. A grease trap, maintained by the owner, shall be installed at a location approved by the Public Works Department. (PW) f. The developer shall-install new six (6) inch sewer lateral located in the alley. (PW) g. The developer shall submit a separate utility plan, showing water service connections to the proposed building in accordance with applicable U.P.C., City Ordinances, Public Works Standards and Water Division Design Criteria. These plans shall be approved, prior to any construction, by the Public Works Water Division and the City of Huntington Beach Fire Department. (PW) h. The proposed building shall have a separate two (2) inch minimum domestic water service with backflow protection, and a four(4) inch minimum fire service assembly per Water Division Standard Plan No's. 603B, 609 and 618 respectively. Both the domestic water service and fire service assembly shall be served by the existing eight (8) inch water main located within Walnut Avenue. (PW) i. The water system shall be designed and installed per the City of Huntington Beach Water Division's Design Criteria, Standards Plans and Specifications. (PW) j. The existing water service located within the alley shall be abandoned, at the main, per Water Division Specifications. (PW) k. The developer shall provide adequate screening of the proposed backflow prevention devices for both the domestic water service and the fire service assembly. Both backflow devices shall be painted to match the surrounding aesthetics. The markings, indicating the size, model number and serial number, shall be permanently affixed to the body of the backflow device and must remain visible after painting. The location of the backflow device shall be approved by the Water Division, Planning Division, and the City Landscape Architect prior to installation. (PW) (Mitigation Measure) (pcc1052-15) 1. All existing overhead utilities shall be installed underground. (PW) (Mitigation Measure) m. The applicant shall file a parcel map to consolidate Lots 26 and 28 Block 103 of the Huntington Beach Tract. The parcel map shall be recorded with the Orange County Recorder and a copy of the recorded map filed with the Department of Community Development. n. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. o. A planned sign program shall be submitted and approved for all signage. Said program shall be approved prior to the first sign request. p. The property owner shall dedicate 4.5 feet along the rear property line (alley) and 4.0 feet along the front property line (Main Street). q. Participation in the in-lieu parking fee program shall require a Declaration from the property owner. Said declaration shall indicate the total number of parking spaces required and the amount of spaces to be provided by payment of in-lieu fees. A copy of the legal instrument-shall be approved by the City Attorney as to form and contefrt and when approved, shall be recorded in the Office of the Orange County Recorder. A copy of the recorded declaration shall be filed with the Department of Community Development. (Resolution Nos. 6720 and 6721) r. Participation in the in-lieu parking fee program shall require payment by the property owner at full cost recovery paid by the applicant. s. If the property owner elects to pay the in-lieu parking fee in installments, a lien in favor of the City shall be recorded on the property and first year payment shall be submitted to the Department of Community Development. 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); and e. Discontinue construction during second stage smog alerts. (pcc1052-16) 6. Prior to finaldpproval of the building permit (or issuance of a Certificate of Occupancy), the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. d. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. e. The existing alley shall be widened in conformance with Public Works Standards. f. The existing sidewalk, curb, and gutter on Walnut Avenue shall be removed and replaced in conformance with Public Works standards. 7. This conditional use permit.and coastal development permit shall not become effective until Local Coastal Program Amendment No. 95-1 incorporating Precise Plan of Street Alignment No. 94-1, has been approved by the California Coastal Commission. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. All applicable Public Works fees shall be paid. (PW) 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. (PW) 3. An encroachment permit shall be required for all work within the City right-of-way. (PW) 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 5. Construction activities shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. A conditional use permit is required prior to the sale of alcoholic beverages puruuant to the code. 7. A conditional use permit is required prior to commencement of live entertainment or outdoor dining pursuant to the code. (pcc1052-17) S. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25, pursuant to a public hearing, if any violation of these conditions, the Huntington Beach Zoning and Subdivision Ordinance, or Municipal Code occurs. 9. Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. (pccl052-18) ATTACHM........ ENT 3 ......................................................................................................................................................... STAFF RECOMMENDATION FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 95-84 FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 95- 84: 1. The establishment, maintenance and operation of a 9,475 sq.ft. two story building, as modified by conditions of approval, 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 because a. The project layout will be consistent with the intent of the Downtown Specific Plan. b. Outdoor opportunities will be provided to encourage pedestrian activity. c. Parking will be provided by the Downtown Parking Master Plan and payment of in-lieu parking fees. d. The project is consistent with the Visitor Serving Commercial land use designation of the General Plan. 2. Conditional Use Permit No. 95-84 for a 9,475 sq.ft. two story building, as modified by conditions of approval, will be compatible with surrounding uses because i a. Views will not be blocked and light and air corridors will be provided. b. The proposed project will improve the appearance of a visual degraded site with the construction of a building of Mediterranean design, the established design theme for the area. 3. The proposed a 9,475 sq.ft. two story building, as modified by conditions of approval, will comply with the provisions of the base district, which is Downtown Specific Plan District 3, applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, and any specific condition required for the proposed use in the district in which it would be located. 4. The granting of the conditional use permit for a 9,475 sq.ft. two story building, as modified by conditions of approval, will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Visitor Serving Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Ensure commercial development that is economically viable, attractive, well related to other land uses, and satisfies the needs of the City's residents. gApierce\okcinnn\or95-84a b. Promote the development of services and facilities to support a tourist industry. c. Protect, encourage, and where feasible, provide visitor serving facilities in the coastal zone which are varied in type and price. d. Preserve and enhance visual resources within the coastal zone. FINDINGS FOR APPROVAL- SPECIAL PERMIT: 1. The requested special permit, as modified by staff to allow a three foot setback for the second floor adjacent to Walnut Avenue, promotes a better urban environment. There are significantly greater benefits from the project to be provided than would occur if all the minimum requirements were met. The special permit allows a second floor deck to project into the required five foot "build-to line" and the second floor building wall at a minimum five foot setback. The increased setback provides additional view, light, and air corridors. 2. The requested special permit, as modified by staff to allow a three foot setback for the second floor adjacent to Walnut Avenue, provides better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design. The modified building design provides additional areas for outdoor activity. 3. The requested special permit, as modified by staff to allow a three foot setback for the second floor adjacent to Walnut Avenue, is consistent with objectives of the DTSP in achieving a development adapted to the terrain and compatible with the surrounding environment. The modified project does not blocks views and provides setbacks compatible with new construction in District 3. FINDINGS FOR DENIAL- SPECIAL PERMITS: 1. The requested special permits: a) waiver of 4.5 foot alley dedication; b) zero rear yard setback in lieu of three feet; c) two foot setback for the first floor and zero setback for the second floor on Main Street in lieu of 5 feet "build-to" line; and d) half of the building on Walnut Avenue at a zero setback in lieu of five foot"build-to" line, do not promote a better urban environment. There are no significantly greater benefits, such as greater open space and greater setbacks, from the project to be provided than would occur if all the minimum requirements were met. The proposed project provides limited opportunity for outdoor dining and pedestrian oriented activity. The proposed project depicts over building of the site and results in a large, bulky building. 2. The requested special permit do not provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design. The proposed building design does not provide area for signage or outdoor activities. 3. The requested special permits are not consistent with objectives of the DTSP in achieving a development adapted to the terrain and compatible with the surrounding environment. The proposed project blocks view, air, and light corridors and does not provide setbacks compatible with new construction in District 3. g:\pierce\okcinnn\or95-84a FINDINGS FOR APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 95-25: 1. The development project, as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program and will not impact public views or access. 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. The proposed development as modified by conditions of approval will conform to all applicable city codes, including height, setbacks, and parking. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. Infrastructure currently exists to the site and will be modified to conform to (the City's current) standards and specifications. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. SUGGESTED CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 95-84/ COASTAL DEVELOPMENT PERMIT NO. 95-25: 1. The site plan, floor plans, and elevations received and dated January 17, 1996, shall be revised to reflect the following modifications: a. A 4.5 foot alley dedication shall be provided. b. A three (3) foot rear setback from the ultimate alley right-of-way shall be provided. c. A minimum five (5) foot front setback from the new property line for the first floor along Main Street and Walnut Avenue shall be provided. d. A plaque shall be incorporated into the building design identifying the historic significance of the of the site. e. The second floor deck along Main Street shall be a minimum seven(7) feet wide and shall be located behind the columns which may project maximum of one foot into the required setback. f. Reduce the width of the columns to minimize their interference with the building. g. Extend the deck along the entire Walnut Avenue frontage. h. Main Street and Walnut Avenue elevations shall be revised to the satisfaction of the Community Development Department to include area(s)to accommodate signage. i. The pavement treatment (stamped concrete) shall extend along Main Street and Walnut Avenue . frontages to the property line except in areas designed for landscaping. g:\pierce\okcinnn\or95-84a 2. Prior to submittal for building permits, the following shall be completed: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. c. Elevations shall depict colors and building materials proposed and as approved by the Design Review board. d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. The Design Review Board and the Community Development Department shall review and approve the following: (1) Revised site plan and elevations as modified pursuant to Condition No. 1. (2)Historical plaque language and placement. (3)Planned Sign Program. h. Maximum separation between building wall and property line shall not exceed two (2) inches. i. The reference page for the working drawings for building, plumbing, electrical, and mechanical permits shall include all conditions of approval imposed on the project printed verbatim. j. Fire Department requirements shall be noted on the building plans: 1) A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the fire Department prior to installation. The system will provide the following: gApierce\okcinnn\or95-84a a) water flow, valve tamper and trouble detection and b) 24 hour supervision. (FD) 2) Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and UBC standards. Shop drawings will be submitted to an approved by the Fire Department. (FD) 3) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 4) Elevators will be sized to accommodate an ambulance gurney minimum six (6) foot, eight (8) inches wide by four (4) foot, three (3) inches deep with minimum 42 inch opening. (FD) 5) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) 6) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) 7) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification#422 and#431 for the abandonment of oil wells and site restoration. (FD) 8) The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification#429 for new construction within the methane gas overlay districts. (FD) 3. Prior to issuance of demolition permit and/or grading permit, the following shall be completed: a. An adequate monitoring and/or bonding program shall be established to ensure that demolition and construction vibration impacts to not adversely affect off-site structures. (Mitigation Measure) b. The applicant shall complete comprehensive documentation of the project as it currently exists. The documentation shall be in accordance with standards established by the Historical American Buildings Survey/Historical American Engineering Records (HABS/HAER). The report shall be submitted to the City and archivally maintained with provisions for public access. The costs associated with preparation of the documentation shall be the responsibility of the property owner; maintenance costs shall be the responsibility of the City. (Mitigation Measure) c. The applicant shall provide 45 days written notice to the City of Huntington Beach Historic Resources Board informing them of such activity. The Board may relocate, dully document and/or preserve significant architectural elements. The applicant/property owner shall not incur any costs associated with moving or documenting the structure by the Board. (Mitigation Measure) gApierce\okchum\or95-84a d. Any hazardous substances contained on the site shall be identified and removed in compliance with City, State, and Federal standards. (Mitigation Measure) e. Any asbestos contained on-site or in the existing structure shall be identified and removed in compliance with City, State, and Federal standards, including an asbestos abatement program to be reviewed and approved by the Building Official. (Mitigation Measure) 4. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Department of Public Works. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with the Downtown Specific Plan, Downtown Design Guidelines, and Chapter 231 of the Zoning and Subdivision Ordinance. The set must be approved by the Public Works Department and Community Development Department. (PW) c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). (This plan, in addition to grading, shall include all of the required off-site requirements.) (PW) d. The existing catch basin on Walnut Avenue shall be modified to conform with Standard Plan No. 3 02,'Including installation of a 3/4 inch galvanized protection bars per Standard Plan No. 301. (PW) e. A grease trap, maintained by the owner, shall be installed at a location approved by the Public Works Department. (PW) f. The developer shall install new six (6) inch sewer lateral located in the alley. (PW) g. The developer shall submit a separate utility plan, showing water service connections to the proposed building in accordance with applicable U.P.C., City Ordinances, Public Works Standards and Water Division Design Criteria. These plans shall be approved, prior to any construction, by the Public Works Water Division and the City of Huntington Beach Fire Department. (PW) h. The proposed building shall have a separate two (2) inch minimum domestic water service with backflow protection, and a four (4)inch minimum fire service assembly per Water Division Standard Plan No's. 603B, 609 and 618 respectively. Both the domestic water service and fire service assembly shall be served by the existing eight (8) inch water main located within Walnut Avenue. (PW) gApierce\okcinnn\or95-84a i. The water system shall be designed and installed per the City of Huntington Beach Water Division's Design Criteria, Standards Plans and Specifications. (PW) j. The existing water service located within the alley shall be abandoned, at the main, per Water Division Specifications. (PW) k. The developer shall provide adequate screening of the proposed backflow prevention devices for both the domestic water service and the fire service assembly. Both backflow devices shall be painted to match the surrounding aesthetics. The markings, indicating the size, model number and serial number, shall be permanently affixed to the body of the backflow device and must remain visible after painting. The location of the backflow device shall be approved by the Water Division, and the City Landscape Architect prior to installation. (PW) (Mitigation Measure) 1. All existing overhead utilities shall be installed underground. (PW) (Mitigation Measure) m. The applicant shall file a parcel map to consolidate Lots 26 and 28 Block 103 of the Huntington Beach Tract. The parcel map shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Community Development. n. An interim parking and/or building materials storage plan shall be submitted to the department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. o. A planned sign program shall be submitted and approved for all signage. Said program shall be approved prior to the first sign request. p. The property owner.shall dedicate 4.5 feet along the rear property line (alley) and 4.0 feet along the front property line (Main Street). q. Participation in the in-lieu parking fee program shall require a Declaration from the property owner. Said declaration shall indicate the total number of parking spaces required and the amount of spaces to be provided by payment of in-lieu fees. A copy of the legal instrument shall be approved by the City Attorney as to form and content and when approved, shall be recorded in the Office of the Orange County Recorder. A copy of the recorded declaration shall be filed with the Department of Community Development. (Resolution Nos. 6720 and 6721) r. Participation in the in-lieu parking fee program shall require payment by the property owner at full cost recovery paid by the applicant. s. If the property owner elects to pay the in-lieu parking fee in installments, a lien in favor of the City shall be recorded on the property and first year payment shall be submitted to the Department of Community Development. 5. During construction, the applicant shall: g:\pierce\okcinnn\or95-84a a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%)by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 6. Prior to final approval of the building permit (or issuance of a Certificate of Occupancy), the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. d. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. e. An "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property and returned to the Planning Division. f. The existing alley shall be widened in conformance with Public Works Standards. g. The existing sidewalk on Walnut Avenue shall be removed and replaced. h. The existing curb on Walnut Avenue shall be removed and replaced with curb and gutter. 7. Prior to the sale of alcoholic beverages, a conditional use permit shall be approved by the Zoning Administrator. 8. Prior to commencement of live entertainment or outdoor dining, a new conditional use permit shall be required. 9. This conditional use permit and coastal development permit shall not become effective until Local Coastal Program Amendment No. 95-1 incorporating Precise Plan of Street Alignment No. 94-1, has been approved by the California Coastal Commission. gApierce\okdnnn\or95-84a INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. All applicable Public Works fees shall be paid. (PW) 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. (PW) 3. An encroachment permit shall be required for all work within the City right-of-way. (PW) 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 5. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. g:\pierce\okcinnn\or95-84a ....................... .... .. .._; TT At;un�T _ TX.4 I 1 I I I LLJ 1 I I r •.• —— --� O SITE TABULATION u y,eee„r,A„a.,,o SITE AREA(50 x 117)5875 S.F. 10%OPEN SPACE REQUIRED 587 SF. BUILDING TABULATION SECOND FLOOR Z FIRST FLOOR 4890 S.F. o . SECOND FLOOR 4564 S.F. N d ITOTAL- 9475 S.F. a.m w= I I I I asaaocornaa YO'°na. a o+ Q Q_ I FIRST FLOOR OPEN SPACE 460 SF. m = S SECOND FLOOR OPEN SPACE 409 O Z I 1 I i.- , ►- TOTAL- 869 S.F... 0 O I lJ 1 I I i , vo LL 0€� Zi�i I I I I 1 ••• OCR s�.,e�as�oecx . 9e6ti sr Q F-C 1 I QQcr W Zp I 1 anaooa Q A r y b ' Its wAslorr date w• v .o/.ys 1 I '—" oa>cwPfpN A.P.IJD.A4-64-Cl job Lw� Biouc O ch aJ date a.M r.1y ( AM/+0I•,aMU•r'.1411VG.1.u. dram Ye,r�.'�r WALNUT AVE. , FIRST/SITEPLAN� � «o*° » A at • abate f fy::i: A �iicf ii a• i e _i .i_ I_I grow _ i I � IJ :Ll • • j I I I Mill m ire" • r j U LEAS 1 SPACE ]ND PLR f/' I i_--+L SPACE 0 SECTION B 4 ul Nd . . wU �V g � n.vn.c.LwuM n�ta�aPw.10 `� o F=Vft •, 1U' tw«..�c.fr.LWYT f• L..__. WLLIMo Ar - i LEASf,SPACE r twttma�.tw JVVWn�w . tarn 6tWr dft — �Gl6.Llir LEASE SPACE r .1 f Ky Ti"r - Il1aY 1mom � Q t SECTION A i d«aa ' dw�nun�r 1 a i rwu ........... X.......... ..................... .......... ... .......... ............ ........... ...... ... ...... ..... ...... ...... ........... ......... ........ ........... .......... ... ........ ........... ........... ------ .. .... ..... .... .......... .... ...... ......... ................. . ................ . .............. ....... ........ Mohammed & Adel Zeidan CUP No. 95-84 301 17th Street CDP No. 95-25 Huntington Beach, CA 92648 DR No. 95-38 NARRATIVE AP # 024-154-01 This application is a request to construct a two story 9474 sq. ft. commercial building with Special Permits (See listing below) at 126 Main Street in place of an existing two story commercial building. Proposed uses for this building are restaurant 4584 sq. ft. and retail 4890 sq. ft., the precise mix of uses will be determined when leasing takes place. The property is a 50 ft. X 117.5 ft. lot located on the southeast corner of Main St. and Walnut Ave. Surrounding uses: North - Across Walnut Ave. An 800+ space public parking structure and commercial South - Retail stores. East - Commercial Center with offices, retail stores and restaurants West - Across Main St. Retail stores. Special Permits: Special Permits have been requested for the following: 1. Waiver of the alley dedication of 4.5 ft. along the rear of the property (DTSP S4.5.08). Comment: This alley is not the same as other alleys in the Downtown. Other alleys provides access through the block and serve as a secondary access for the Fire Dept. This is a dead end alley and does not extend through the block. It is presently 19.5 ft, wide and is adequately providing access to the rear of the existing businesses on the block. Reconstructing of our existing building does not substantially increase the use of this alley. It should be noted that the site plan provides for a 4.5 ft. setback from existing right-of-way to provide for additional maneuvering area if it is needed. P:1 1,-r".�,.4�i'V'T iN0. '�: 2. Three (3) ft. real setback measured fiorr, ;he alley ultimate right-of-way. DTSP S4.5.06. Comment: The site plan provides for a 4.5 ft. setback from existing right- of-way. In this situation, where the alley will have limited use, we are asking that the 4.5 ft. setback satisfy both the alley dedication and the setback requirements. 3. "Build to line" at Five (5) ft. measured from Main St. ultimate right of way. (DTSP S4.5.06) Comment: The site plan provides for a 4 ft. dedication along Main St. and a two (2) ft. setback. This provides a six (6) ft. setback from the existing right-of-way. This is consistent with the dedication and setback requirement along Main St. for Phase 11. Also, because we are on a corner, we are providing a Plaza at the intersection of Main St. and Walnut Ave. which provides open space that is not required of other building on Main St. 4. "Build to line" at Five (5) ft. measured from Walnut Ave. ultimate right of way. (DTSP S4.5.07b) Comment: The site plan shows a five (5) ft. setback along Walnut Ave. for approximately 50% of the building. There is also a recessed area at the middle of the building facing Walnut Ave. to provide architectural variation. There is also a corner cut-off at the intersection of Walnut Ave. with the alley. This provides additional open space that is not otherwise required. Additional comments We would like to point out that the only similar corner to this corner in this District is directly across Main St. where it is the owners intent to keep the existing building, possibly add-on to the rear of the building and do some exterior modifications. There are no plans to build a new building, dedicate right of way, increase setbacks or provide a corner cutoff per the Specific Plan. The property across Walnut Ave. is the Main St. Promenade which is a full block consolidation consisting of an 800 space parking structure and commercial uses. Although the building is setback, the Redevelopment Agency was able to do so with A� /~oEli � 1�iLllM i 4A �. .. t �� the benefit of the vacation of public right-of- way that was incorporated into the project. Also, Unlike our proposal, this +s a much taller and massive structure requiring additional setbacks. The property that is kitty-corner to our property has a structure that is similar to ours; however, there is no setback alone WHInu: Ave., There is a minimum setback on Main St., no dedication on Main St. and the corner cute off.; do not meet the Specific Plan requirements. We believe that the plan we have submitted incorporates the spirit and intent of the Specific Plan for smaller lots (50 ft. wide) and will be an asset to Downtown. In-lieu parking fee: We hereby request permission to participate in the in-lieu parking fee program. The specific number of spaces will be determined upon approval of our Conditional Use- Permit. It is our intent to pay an In-lieu fee for the parking shortage resulting from our final parking requirement based on the approved plan minus the 44 spaces we have been credited for in the Parking Master Plan. � T I��VIENT 6 -��� !, ��1ey, bedle�a✓� p � y' Main fit: - NT I -I-- Line T �� T i Ll �— '�UII.�IN� I ,ram I- 13u1 W--rz L-Irte, Oebw,0 YUVI�'c 1.2 f de WA x�st;n9 Property (-)-ne Walrwt Ave . Ilb poelomp 01:� E GL vk. PNChDACNNO INTV MaTSAaK 91542uIPVaMSNT5 ATTACHMENT NO. 6MMAL XP---M IT Fkl:&VUPTS �1 hT m�- 3�q� ATTA ._7_ Alley Ved iu+flw �-- 3' peat �1d5. �e-l�a►ck- �, l7edt�►fio✓►� N. 5. +- °' ' IbUlLoPINC4 AVZA Lo ell. i ( �' 2"-� door 13Aleony LJ I -- xi51"inoo� 0112 n f owe+y Linc 5' 8,0IId.-To Livie (6e-fome), - ��bi;� �t�ewQlk Walmit Aye-* GJ�b Cal foAl110Ny OF 13Lndr,/tNAW0NY ON6MAMIN6r INTO hS'f"d-le. S p o TACH . . ...........- .. . .. ............................. ................... .................... ..... .......... ................................... . .................... ............ ............. ................... ............ ................... ...... ..... ............................................. ........... ............................ .................................. ............................... ... .............. .............. ................. .......... . ...... ...... .......................... .......................... . ..................... ... .......... ............ ....... . ......... ......... ........... ........ .............. ..................... ............... ......... ...... ........ X. ............ ............ ........... ........ ....... . ............ ........ ............... ..................................... ........................... ....... ... .............................. ..................... .................. . ........................ .......... ....................... ji n ach.Dc art:. u Tvl :::.::::::..........::..:.........:...........................g P ::::: ::: 1 .:...:.:::::::::........:.:::::......::::::::::.:::::::::: ............< TO: Planning Commission FROM: Howard Zelefsky, Planning Dir BY: Susan Pierce, Associate Pla er DATE: April 9, 1996 SUBJECT: CONDITIONAL USE PERMIT NO. 95-84 WITH SPECIAL PERMITS/ COASTAL DEVELOPMENT PERMIT NO. 95-25/NEGATIVE DECLARATION NO 95-11 (STANDARD MARKET) LOCATION: 126 Main St. (Southeast corner of Main Street and Walnut Avenue) STATEMENT OF ISSUE: Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25 represent a request to demolish a historic structure built in 1928 and construct a 9,475 square foot two-story commercial building with special permits for waivers from code required alley dedication, rear yard setback, and build-to line on Main Street and on Walnut Avenue. The applicant also requests participation in the in-lieu parking fee program. The proposed Mediterranean designed building will consist of approximately 4,584 square foot restaurant area and 4,890 square foot retail commercial area. Parking will be provided pursuant to the Downtown Parking Master Plan and payment of in-lieu parking fees. Staff recommends approval of the project with modifications that delete and/or modify the special permit requests based upon the following: The project layout with modifications will create a better development, be consistent with the intent of the Downtown Specific Plan. • The proposed project with modifications will reduce the canyon effect along Main Street, provide additional view, light, and air corridors, and improve the pedestrian scale of the building. • Outdoor opportunities to encourage pedestrian activity will be provided. • Parking will be provided via the Parking Master Plan and payment of in-lieu parking fees at full cost recovery. • The proposed building uses will be compatible with the Visitor Serving Commercial land use designation of the General Plan and surrounding land uses. RECOMMENDATION: Motion to: A. "Approve Negative Declaration No. 95-11 with findings and mitigation measures;" and B. "Approve Conditional Use Permit No. 95-84 with one(1) Special Permit and Coastal Development Permit No. 95-25 with modifications, findings, and suggested conditions of approval." r 4G DM 12L I . CTIONAL DISTRICT MAP II-6-II `m CITY OF HUNTINGTON BEACH . ORANGE COUNTY, CALIFORNIA USE OF PP,OPERTY MAP �l ADAMS AVE. -� V U LJI_J I It I UU 1 11 1 1 `.--..�._.� !_1-71..._i "EMEJ Lid Ed �+ Avg �F-R �� , 1 tj - �F-Rmm Al y ter- ~ n uu 1 ,F[��Jy11 1FF1��-yjJJT C.-:: r5 FORT- �j vll DETAMT < AVE CALO O AVL ?it.K' W .' �� �•mar :I:I:I' Z .i:��`'° co a�\ � •�.�•• - < '�'! I �Mj8 �� ABC.+ �•..�-.S—T :� �` t, -•�; 7t7 d.?� ,� `•�• �4�i • � act � azc i •'1 OC \ \ r�' ',, r ATLANTA g AvC SU W B cT S i ra GENERAL INFORMATION: APPLICANT: Mohammed and Adel Zeidan, 301 17th Street, Huntington Beach, CA 92648 PROPERTY OWNER: Mohammed and Adel Zeidan, 301 17th Street, Huntington Beach, CA 92648 REQUEST: To construct a 9,475 square foot, two-story commercial building with special permits for waivers from alley dedication, rear yard setback, and build-to line on Main Street and on Walnut Avenue; and participation in the in-lieu parking fee program. DATE ACCEPTED: February 19, 1996 SUBJECT PROPERTY AND SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: .. . . .................._ ..... .... .- . ......... ........... ... ...... ......... . .. .. .... .. .... ... .... ....... .. _ ..... _ ... LOCATION . ;GENERAL<PLAN ZONING LAND 31SE Subject Property: Visitor Serving Specific Plan 5 Vacant commercial Commercial (Downtown Specific Plan building District 3 North of Subject Visitor Serving Specific Plan 5 Commercial and Property Commercial (Downtown Specific Plan parking structure (North side of District 5) (Main Street Walnut) Promenade East of Subject Visitor Serving Specific Plan 5 Commercial and Property(across Commercial (Downtown Specific Plan parking structure alley) District 3) (Pierside Pavillion South and West of Visitor Serving Specific Plan 5 Commercial Subject Property Commercial (Downtown Specific Plan on Main Street District 3 PROJECT PROPOSAL: Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25 represent a request for the following: A. To construct a 9,475 square foot, two-story commercial building, within the coastal zone, consisting of approximately 4,584 square feet of restaurant area and 4,890 square feet of retail commercial area pursuant to Section 4.5.01 (b) of the Downtown Specific Plan(DTSP). B. To participate in the in-lieu parking fee program pursuant to Section 4.2.13 of the DTSP. Staff Report-4/9/96 2 (PCSR190) Special permits are requested for the following (see Attachment Nos. 6 & 7): 1. Waiver of 4.5 ft. alley dedication requirement pursuant to Section 4.5.09 of the DTSP; 2. Zero rear yard setback in lieu of three foot setback pursuant to Section 4.5.08 of the DTSP; 3. Two foot setback for the first floor and zero setback for the second floor on Main Street in lieu of a five foot"build-to" line(setback)pursuant to Section 4.5.06; and 4. Half of the building (first and second floors) on Walnut Avenue at the zero foot setback and the remaining half at a five foot setback for the first floor and a three foot setback for the second floor in lieu of five foot"build-to" line(setback)pursuant to Section 4.5.07(b) of the DTSP. The 5,875 square foot site is presently occupied by an 8,875 square foot vacant commercial building which was constructed in 1928 and is considered an historic structure. The building had a fire in 1990 and, due to fire damage and seismic safety (structural) issues, has remained vacant since that time. This Zigzag Moderne design building will be demolished, and none of its historic features will be incorporated into the proposed building. Architectural design for the proposed building follows the Mediterranean theme established in the Downtown Design Guidelines. The features include sand tone stucco, tile roof, and glass windows and balcony enclosures. First floor recess at the intersection of Walnut Avenue and Main Street and the second floor balcony suggest possible locations for restaurant use which will be actually determined during the building leasing. ISSUES: General Plan Conformance: The proposed project is consistent with the goals and objectives of the City's General Plan and the Land Use Element designation of Visitor Serving Commercial on the subject property to insure commercial development that is economically viable, attractive, well-related to other land uses, and satisfies the needs of the City's residents and to promote the development of services and facilities necessary to support a tourist industry. (Section 3.4.2.8 of the General Plan) The proposed project is also consistent with the Draft General Plan approved by the Planning Commission in December, 1995 which maintains the Commercial Visitor land use designation on the subject property. Zoning Compliance: This project is located in the Downtown Specific Plan, District 3 (Visitor-Serving Commercial zone) and complies with the requirements of that zone except as noted. Staff Report-4/9/96 3 (PCSR190) The following is a zoning conformance matrix which compares the proposed project with the development standards of DTSP: ........ ............. ... ................... . ................. .... . ............ . V! 0 D 4.5.02 Minimum Parcel Size 2,500 sq.ft. 5,450 net sq.ft. 4.5.03 Maximum 2.0 1.74 Densit /Intensity(FAR) 4.5.04 Maximum Building 3 stories; 35 ft 2 stories; 35 ft. Height 4.2.04 Additional roof line 10 ft. for roof 9 ft. treatment height Total Height 45 ft. 44 ft. 4.5.05 Maximum Site none Coverage 4.5.06 Minimum Front 5 ft. "build-to" line 2 ft. first floor*; Setback(Main Street) 0 ft. second floor* 4.5.07 Minimum Side Setback Interior 0 0 Exterior(Walnut 5 ft. "building to line" 0* Ave.) 4.5.08 Minimum Rear 3 ft. 0* Setback; Alley Dedication 4.5 ft. 0* 4.5.09 Upper Story Setback not applicable not applicable 4.5.10 Minimum Public Open 10% of site= 545 sq.ft. 726 sq.ft. Space 4.2.13 Parking retail= 19.56 spaces 44 spaces credited in Parking restaurant= 35.84 spaces Master Plan and 12 spaces I total: 55.40= 56 spaces I w/In-Lieu Fee payment Special Permit request Environmental Status: Staff has reviewed the environmental assessment and determined that no significant impacts are anticipated as a result of the proposed project that could not be mitigated to a level of insignificance with proper design, documentation, and engineering. Subsequently,Negative Declaration No. 95-11 (Attachment No. 4)was prepared with mitigation measures pursuant to Section 240.04 of the HBZSO and the provisions of the California Environment Quality Act (CEQA). The Department of Community Development advertised draft Negative Declaration No. 95-11 for thirty (30) days commencing on February 22, 1996, and ending on March 14, 1996. Comments were received from the Environmental Board concerning use of parking in lieu fees. A letter from CalTrans was received indicating they have no comments at this time. Staff Report-4/9/96 4 (PCSR190) Prior to any action on Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25, it is necessary for the Planning Commission to review and act on Negative Declaration No. 95-11. Staff, in its initial study of the project, is recommending that the negative declaration be approved with findings and mitigation measures. Coastal Status: The proposed project is within a non-appealable portion of the Coastal Zone. Coastal Development Permit No. 95-25 is being processed concurrently with Conditional Use Permit No. 95-84 pursuant to Section 989.5 of the Huntington Beach Local Coastal Program. The proposed project complies with the zoning code and Coastal Zone requirements, and will implement the following policies of the Coastal Element of the General Plan: • Protect, encourage and, where feasible, provide visitor-serving facilities in the Coastal Zone that are varied in type and price. • Improve the appearance of visually degraded areas. Redevelopment Status: The project is located in the Main-Pier Redevelopment Area. The Economic Development Department has reviewed the request and supports it provided the property owner is granted approval to participate in the In-lieu Parking Fee Program and the Design Review Board reviews the architectural design of the building to mitigate the building size to make it compatible with surrounding uses. Design Revie►v Board: On March 14, 1996, the Design Review Board (DRB) reviewed colored renderings and a model of the proposed building. The DRB recommended that the Planning Commission approve the project's design, materials and colors with three modifications: 1) A historical plaque or monument should be incorporated into the structure in lieu of utilizing bricks; 2)Elevations should be revised to allow for placement of wall signage; and 3) Stamped concrete paving should extend along the entire Main Street frontage of the building. The recommendation also included final DRB review of the modifications if the Planning Commission approves the project. Subdivision Committee: Not applicable. Other Departments Concerns: The Departments of Public Works, Fire, and Building Division have recommended conditions which are incorporated into the conditions of approval. The Police Department has no concerns. Staff Report-4/9/96 5 (PCSR190) ANALYSIS: Staff has reviewed the proposed project and generally supports it with modifications. The proposed project depicts overbuilding of the site with minimal compliance with code required setback lines and results in a larger and more bulky building. The proposed project provides limited opportunity for outdoor dining and does not contribute to pedestrian oriented activity. The recommended modifications would delete the special permit requests as they relate to building setbacks and design. Staff has identified the primary issues with the proposed use that are discussed below: special permits, historic significance, parking, and land use compatibility. Special Permits I I The DTSP standards were designed to encourage aesthetically pleasing developments, enhance the living environment, and facilitate innovative architectural design and adaptation of the development to the surrounding area. It also contains provisions to allow the Planning Commission to grant minor deviations from the development regulations only when the Planning Commission determines that significantly greater benefits from the project can be provided than would occur if all the minimum requirements were met. Greater benefits to a project include: greater open space, greater setbacks, unique or innovative design, and the use of energy conservation or solar technology. In addition to determining the project provides greater benefits, special permits may be granted by the Planning Commission if the project will result in the following: a) Promotes better living environments; and b) Provides better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design; and c) Is not detrimental to the general health, welfare, safety and convenience of the neighborhood or City in general, or detrimental or injurious to the value of property or improvements o f the neighborhood or of the City in general; and d) Is consistent with objectives of the DTSP in achieving a development adapted to the terrain and compatible with the surrounding environment; and e) Is consistent with the policies of the Coastal Element of the City's General Plan and the California Coastal Act; and f) Complies with State and Federal law. The following is a discussion of the four special permits (Attachment Nos. 6 & 7) requested by the applicant: 1. Allexpedication. The applicant indicates that the existing public alley is not the same as other public alleys in the Downtown which provide access through the block and serve as secondary access for the Fire Department. The alley is a dead-end alley,but it serves as access for deliveries and trash pickup for other properties. The applicant states that the existing 19.5 ft. wide public alley is sufficient to service the existing businesses on this block. He also states that reconstruction of the existing building does not substantially increase the use of the alley. Furthermore, he indicates that the proposed 4.5 ft. building setback from the existing alley will provide additional maneuvering area if it is needed. Staff Report-4/9/96 6 (PCSR190) Staff believes that the existing public alley width is insufficient to accommodate vehicles associated with deliveries and trash collection; it does not provide adequate space for vehicle maneuvering especially since the alley does not extend to the next street (Pacific Coast Highway). At the time Pierside Pavillion (commercial project) and Pier Colony(residential project) were considered (1988), the Planning Commission granted a reduction in the DTSP alley width requirement for this alley from 30 feet to 27 feet because the narrower alley width would be sufficient until the property to the west (subject property) dedicates an additional 5 feet. Pierside Pavillion dedicated 4.5 ft. for an existing alley width of 19.5 ft. (See attachment#5.) Recent modifications to the DTSP reduced the ultimate alley width from 30 feet to 24 feet. The alley dedication required for this project will bring the public alley to the 24 foot width anticipated in 1988. Irrevocable alley dedication was obtained from the property owner at 124 Main Street as a condition of approval to operate a restaurant on the site. If this building, also of historic significance, is removed and reconstructed, the DTSP requires compliance with the new property line setback and alley widening improvements on the 4.5 ft. dedicated area. Staff also reviewed the alley dedication requirements for other uses in the Downtown area. Most recently the Main-Pier Phase II (Coultrup) project required 7-1/2 ft. alley dedication for the historic buildings fronting Main Street that may be reconstructed. (See attachment #5.)- Based on the above information, staff does not support the special permit request for waiver from the alley dedication requirement. 2. Zero rear yard setback. The applicant requests that the three ft. rear building setback be measured from the existing alley right-of-way. (This equates to a zero ft. setback from a reduced right-of-way.) The first level includes an electrical panel area, a trash area with gates, and access to the rear portion of the second floor which are recessed into the proposed building. The panel door and trash gates will open across the property line after alley dedication and into the public right-of-way. The stair landing will be located in the alley. These features do not comply with building code requirements, and create hazardous conditions to persons entering/exiting or servicing the building and to alley traffic. Furthermore, if the variance to the alley dedication is not approved, the proposed building must be modified to comply with building code requirements applicable to doors opening into public right-of- way, roof and side property line projections, and provide a landing for the rear stairs. Staff recommends that the new building comply with the DTSP rear yard setback measured from the ultimate right-of-way. Buildings constructed in compliance with.this provision ensure that the walls, projections, and openings comply with building codes adopted by the City. The three foot setback area buffers the building from alley activity and may provide extra space for vehicle clearance. It also allows for architectural projections that make the building more aesthetically pleasing; especially since the rear portion of the building will be highly visible from Walnut Avenue and will project beyond the Pierside Pavilion facade out towards Walnut Avenue. Granting a variance to the rear yard setback would be a grant of special privilege. Staff Report-4/9/96 7 (PCSR190) 3. Two foot setback for the first floor and zero setback for the second floor on Main Street in lieu of a five foot "build-to" line. The applicant states that the site plan provides for a four foot dedication along Main Street and a two foot setback for a total of a six foot setback from the existing right-of-way. He believes this is consistent with the dedication and setback requirement along Main Street for Phase II (Coultrup). He also mentions in his letter of justification that the project includes a plaza at the intersection of Main Street and Walnut Avenue which provides open space that is not required of other buildings on Main Street. Staff reviewed the dedication and setback requirement for the approved Main Pier Phase II project (Coultrup project along Main Street). This project has not been constructed, however, it was granted a special permit to allow rehabilitation or new construction of four buildings at 117-123 Main Street at the new property line after four (4)foot dedication on Main Street with windows/facade recessed two feet and the second floor setback 20 feet. The Main Pier Phase II special permits coupled with conditions of approval allow a maximum building depth of 100 feet for these properties. The proposed project depicts a building depth of 107 feet based upon the requested special permits; however, compliance with front setback, rear setback, and alley dedication requirements would only allow a building depth of 101 feet which would be consistent with the Main Street buildings in the Main Pier Phase II Coultrup project. The DTSP requires a minimum of 540 sq. ft. of public open space on private property within the project. This open space area may be located on the ground floor or on upper levels designed and accessible for use by the general public. The plans depict 869 sq. ft. of open space, which varies in width from 2 ft. to 8 ft. However, the useable portion of this open space is 659 sq.ft. including an I I I sq.ft. ground floor privately owned, public plaza area. Staff does not believe that this corner open space justifies granting of a special permit to encroach into the required front setback. The DTSP states parcels fronting Main Street must develop to a minimum"build-to line" five ft. from the property line to ensure that areas are accessible to the general public. These areas can be used for open air commercial such as outdoor market, outdoor dining, or art gallery. Open space provided on the second level may be used for outdoor dining, but remain accessible to the public. Compliance with the building setback requirement on Main Street ensures that intent and design concept of the Downtown Specific Plan is retained. It reduces the canyon effect along Main Street; provides additional view, light and air corridors; increases the pedestrian scale; and allows outdoor activity. Staff cannot support the front setback as proposed, and recommends that the front wall comply with the"build-to" requirement and that the second floor balcony be setback behind the structural columns of the first floor. These modifications will provide sufficient space for outdoor activities and reduce the building bulk adjacent to the street. Parking demand will be reduced by the modification in building area and up to 400 sq. ft. of outdoor dining can be provided for a ground floor. Construction will then comply with the front setback requirement and have a second floor offset similar to the Main-Pier Phase II project which requires a 20 ft. setback for the second floor. After dedication the existing 12.5 ft. wide sidewalk on Main Street will be 16.5 ft. wide. Staff Report-4/9/96 8 (PCSR190) 4. Five foot "build-to" line on Walnut Avenue to allow half of the building at the zero ft. setback and the remaining half at five feet setback for the first floor and a three ft. setback for the second floor pursuant to Section 4.5.07(b) of the DTSP. The applicant states that the building design provides architectural variation with the offset building setback and that the alley/Walnut corner cutoff provides additional open space that is not otherwise required. Since the Zoning and Subdivision Ordinance requires an alley corner cutoff, staff cannot support the justification for this special permit. Additional architectural variation can be achieved by maintaining the required "build-to-line" five ft. from Walnut Avenue. Compliance with the DTSP requirement affords additional outdoor activity area and enhances the street scene as viewed from both Walnut Avenue and Main Street. Parking demand will be reduced by the reduction in building area and up to 400 square foot. of outdoor dining can be provided for a ground floor restaurant with no additional parking requirements. Staff is not opposed to the second floor setback for the deck, and recommends that the deck continue along the entire Walnut frontage. It should be pointed out that Precise Plan of Street Alignment No. 94-1 was approved by the City Council reducing the ultimate right-of-way to the existing 70 ft. width. Therefore, the applicant is not required to dedicate an additional 10 ft. along the Walnut frontage and is able to incorporate this area into the project. Encroachment into the required"build-to" area would be a grant of special privilege and inconsistent with the setback on the opposite side of Walnut Avenue. The following matrix compares the applicant's special permit requests and staffs modifications: s : SPEC:.AL;P.,ERMIT;<::::::;<:::< :<:;:::::::;::<AP_..:ICA.. 5.. ..... DES.T:.:.:;:::>::::::::;:;: TAEF.. .11�IODIFICATLE1115 5................5..................................................................... Alley Dedication none 4.5 feet* Rear yard setback 0 feet 3 feet* Main St. front setback 2 feet first floor; 0 feet second floor 5 feet for both floors* Walnut Avenue side setback front 1/2 building 5 feet first floor; 3 feet second floor 5 feet first floor, 3 feet second floor rear 1/2 of building 0 feet 5 feet first floor, 3 feet second floor *Complies with Code Staff's modifications are depicted on a site plan included as Attachment No. 8. Historic Significance Use of the site dates back to 1928 when the existing Zigzag Moderne structure was built. It had an open front and iron gates secured the building at night. Since then the building openings have been filled in and the building has been painted. An historic resources inventory was conducted in 1986, and it was determined that this structure was eligible for listing on the National Register of Historic Places. This inventory also recommended formation of an historic district for properties adjacent to Main Street. Later in 1989, an environmental impact report (EIR 89-6), which was prepared for Main-Pier Phase II and Main Street 100 block, identified several properties eligible for inclusion in the district and addressed several buildings that were proposed to be demolished. The building on the subject property was identified but not proposed at that time to be removed or demolished. In the meanwhile, several buildings on the inventory list have been demolished and others have been remodeled. No historic district was created by the City Council; the Zigzag Modeme was not added to the National Register of Historic Places. Staff Report-4/9/96 9 (PCSR190) The Historic Resources Board (HRB) reviewed the proposal and recommended that the applicant consider utilizing some of the existing bricks into the building design. Possible uses included brick paving in the setback areas, brick planters, and brick trim around windows. The HRB did not recommend inclusion of any historical design element in the proposed building. Staff concurs with the Design Review Board that a plaque displaying historic information should be incorporated into the project and use of brick is not necessary to accent the building. The applicant has indicated that the property owner considered seismic rehabilitation of the historic building. Any interior alterations that exceed a third of the value of the historic building or any exterior alterations require both Main Street and alley dedication pursuant to Section 230.84 of the Huntington Beach Zoning and Subdivision Ordinance. In 1993 the property owner submitted a conditional use permit to rehabilitate the structure, however, the application was withdrawn prior to Planning Commission action. After considering the dedication requirements and the related costs associated with rehabilitation, the property owner felt new construction was more economically feasible. Staff believes that demolition of the historic building should be permitted because the building was identified in 1980 as noncompliant with earthquake hazard regulations and suffered fire damage in 1990. No repair or structural rehabilitation has occurred. The building has not been entered into the National Register of Historic Places, and a condition of approval is recommended for the applicant to prepare comprehensive documentation of the structure that will be maintained by the City to provide historic information relative to the site. ParkinzJn-lieu Fee Request The subject property is located in the Downtown Parking Master Plan (DTPMP). The DTPMP established a shared parking concept for the core area of Main Street. The core area is divided into two parts, Area 1 south of Orange Ave., and Area 2 north of Orange Ave. The DTPMP projected a total of 500, 000 sq. ft. of commercial building area (retail/office/restaurant/misc. space). The DTPMP also established overall (Areas 1 & 2) development thresholds of 50,000 sq. ft. for miscellaneous (theater, etc.), 100,000 sq. ft. for restaurant, 100,000 sq. ft. of office and 250,000 sq. ft. of retail. The proposed project is located in Area 1 which has the greatest concentration of retail, restaurant, office and miscellaneous uses. Area 1 projected a maximum of 388,255 sq. ft. of total building area. Within these thresholds, the DTPMP projected that the existing 5,875 sq. ft. retail building would be seismically rehabilitated or replaced with a 8,875 sq. ft. building (5, 875 sq. ft. of retail and 3,000 sq. ft. of restaurant) without the need for additional parking. The shared parking concept allocated 43.5 parking spaces for the mix of uses at this site. The applicant is proposing a 9,474 sq. ft. building(4,890 sq. ft. of retail and 4,584 sq. ft. of restaurant). Because the proposed building exceeds the square footage projected in the DTPMP, the additional floor area generates the 12 additional parking space requirement. Staff Report-4/9/96 10 (PCSR190) .. Building DTPMP DTPMP Proposed Additional Total Use Area Required Building Area Parkin S aces Re uired g: g:;: P Q...... . Parkiing Required Parking S aces Retail 5,875 sq.ft. 23.5 (1/250 4,890 sq.ft. -3.9 (1/250 sq.ft.) 19.6 s .ft. Restaurant 3,000 sq.ft. 20 (1/150 4,584 sq.ft. 15.8 (1/100 sq.ft.) 35.8 sq.ft.) Total 8,875 sq.ft. 43.5 1 9,474 sq.ft. l l.50 = 12 55.4 = 56 In addition, the DTPMP requires continued monitoring of the building activity, mix of uses, and building square footage. The monitoring indicates that the total floor area of 500,000 sq. ft. has been allocated and exceeded. Because the total floor area has exceeded the established thresholds, the development is required to provide parking consistent with the zoning ordinance or request participation in the In-Lieu Fee Parking Program. In reviewing the proposed mix of uses, the proposed building decreases the projected retail space by 985 sq.ft. but increases the restaurant space by 1,584 sq.ft. Staff is recommending modifications to the building which are estimated to reduce the total floor area by approximately 780 sq.ft. and reduce the additional parking requirement from 12 to 6 spaces. ... ........................... ;: :Pro oset :ButicErn .:...:..:. VlaiEfiec BuYldEn Parton Raty�►.:.;: >............... >: > :;:::> €<:lEtevYsed Re..uired> P...............................g.... g.:::::::::::: :::.,:,,...:............................................................4................. r ::::i;:;::::: ;:;:;:;:;:;:;:;:;:; A.:ea:... . ................ . Ar..ea Par..k�n >>:€:::>:<»:>::<:><:::> <: 4,890 sq.ft. retail 4,535 sq.ft.. 1/250 sq.ft 18.1 4,584 sq.ft. restaurant 4,159 sq.ft. 3,000 sq.ft. @ 1/150= 20 31.6 1,159 sq.ft. @ 1/100 - 11.6 Total 8,934 sq.ft. 49.7 = 50 The DTPMP allows the Planning Commission to require additional measures to ensure that adequate parking is provided. The Planning Commission may impose one, all or a combination of these measures. The measures include such options as full cost recovery for all parking spaces provided by in-lieu fees, valet parking for restaurant uses, and off-site parking provided by the applicant. With staff s recommendation to reduce the building size, staff recommends the applicant participate in the In-Lieu Fee Parking Program. Participation in the program requires approval by the Planning Commission. The established in-lieu fee is $12,000 per parking space. The program also established a procedure to allow the payment to be made in annual installments over a 15 year period with a mechanism(lien on the property) to secure annual payments. Staff recommends that a lien be placed on the property to secure the annual payments and require the in-lieu parking fees be full cost recovery(6 @ $12,000= $72,000). Land Use Compatibility The proposed restaurant and retail uses in the future building are compatible with surrounding land uses which consist of parking, restaurant, retail, and office. The site is separated from nearby residences by other structures. Noise impacts are not anticipated to occur; parking will be provided within the Parking Master Plan and by payment of in-lieu fees. StaffReport-4/9/96 11 (PCSR190) Summary Staff cannot support the project as proposed. The requested special permits do not comply with the recently revised Downtown Specific Plan or provide greater benefits to the project and downtown area. The original design concept for the Downtown area placed emphasis on the ocean. Development should allow people to see the ocean from as many places as possible with the greatest intensity at the intersection of Main Street and Pacific Coast Highway. The concept continues along Main Street to encourage pedestrian movement along the street. By expanding activity from the pier, the commercial core of Main Street becomes an area oriented to pedestrians and offering many opportunities to shop, dine, or browse in an ocean-related atmosphere. The proposed project does not provide sufficient sidewalk widths for pedestrians outdoor dining areas. Insufficient space is designed into the building facade to accommodate signage typically found in the Downtown. The proposed building architecture is consistent with the Mediterranean theme established in the DTSP but will obstruct views of the ocean. While the DTSP encourages development in District 3 to be consolidated into larger projects, it does allow smaller projects but states that view corridors should be maintained along the existing right-of-ways. The proposed building does not comply with new development setbacks and alley dedication in DTSP District 3. A comparison of recent DTSP developments is attached to this report (Attachment No. 5). SUMMARY: Staff recommends approval of the project with modifications that delete and/or modify the special permit requests. These modifications will create a better development project because: • The project layout with modifications will create a better development, be consistent with the intent of the Downtown Specific Plan. • The proposed project with modifications will reduce the canyon effect along Main Street, provide additional view, light, and air corridors, and improve the pedestrian scale of the building. • Outdoor opportunities to encourage pedestrian activity will be provided. • Parking will be provided via the Parking Master Plan and payment of in-lieu parking fees at full cost recovery. • The proposed building uses will be compatible with the Visitor Serving Commercial land use designation of the General Plan and surrounding land uses. ALTERNATIVE ACTION: The Planning Commission may take either of the following two (2) alternative actions: A. Approve Negative Declaration No. 95-11 with Mitigation Measures and deny Conditional Use Permit No. 95-84 with Special Permits and Coastal Development Permit No. 95-25 with findings for denial. B. Continue Negative Declaration No. 95-11 with Mitigation Measures, Conditional Use Permit No. 95-84 with Special Permits, and Coastal Development Permit No. 95-25 and direct staff accordingly. Staff Report-4/9/96 12 (PCSR190) ATTACHMENTS: 1. Findings and Conditions of Approval 2. Site Plan, Floor Plans and Elevations dated September 18, 1995 3. Narrative 4. Negative Declaration No. 95-11 with Mitigation Measures and Comment Letter from Environmental Board 5. Downtown Development Comparison 6. Special Permits (first floor analysis) 7. Special Permits (second floor analysis) 8. Modified Site Plan (as recommended by staff) SH:SP:kjl Staff Report-4/9/96 13 (PCSR190) ........... .............................. ................ . ' �`�'ACHM . . �........ ...............................%..................................................... 9 .. . .x .. SETBACK COMPARISON MAJOR PROJECTS WITHIN DOWNTOWN SPECIFIC PLAN AREA PROJECT FII,E#: ADDRESS DISTRICT REQUIRED;SETBACKS!I PROVIDED SETBACKS FRONT EXTERIOR REAR' ;' FRONT EXTERIOR REAR SIDE SIDE Main Pier Phase I CUP 88-7 300 PCH 3 25 ft. 15 ft. N/A 10 ft. to 10 ft. to N/A (Pierside colonade colonade Pavillion) 20 ft. to (Main) building (PCH) Main Pier Phase CUP 91- 101 Main 3 Build to 5 ft. Build to 5 3 ft. 7 ft (Main) 0 ft. (PCH) 4 ft. II (Abdulmutti) 39 ft. Demonstration CUP 89-1 201 Main 5 Build to 5 ft. 5 ft. 3 ft. 0 ft. (Main) 0 ft.(Walnut) 5 ft. Block(Caverly) Demonstration CUP 89-1 221 Main 5 Build to 5 ft. 5 ft. 3 ft. 0 ft. (Main) 0 ft. (Olive) 3 ft. Block(Trainer) Main-Pier Phase CUP 92- 301 Main 3 25 ft. 15 ft. 3 ft. 3 ft. 2 ft. (Main) 3 ft. II (Coultrup - 17 20 ft. (second Main St. bldgs) floor) Townsquare CUP 87- 501 Main 6 Build to 5 ft. 15 ft. N/A 15 ft to 25 ft. (6th St.) N/A 36 arcade 25 ft to building (Main) N/A-not applicable GAPIERCE\0233 TTA � ttM , 10 LEGAL.ADVERTISEMENT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNL'�G DI�7SION CITY OF HUNTL�GTON BEACH Notice is hereby `iven by the Department of Community Development, Planning Division; of the Ciro of Hu„tin-mon Beach he Dra` N'eaative Declaration request has been prepared and ovill be submitted to the Cite ofHunain`ton Beach Pianrang Commission for consideration on :April 9. 1996. The Draft Neaalive Declaration will be available for public rey]evv 2nmo — � - n ,usCvnrt : , mnn February 22, 1996. Draft Negative Declaration No. 95-11- in coniiun.ction with Conditicnal 'ice Permit No. 95-S4 Coastal Development Permit No. 95-25, and Design Reveiw No. 95-38 analyzes the potential environmental impacts associated with a proposal, by Richard Harlo\v, to permit construction of a 9,475 square foot two-story commercial building which is proposed to consist of apprommately 4,284 square feet of restaurant and 4.890 square feet of retail space. The subject site is located at 126 Main Street (southeast corner of Main Street and Wainut Avenue). The applicant is aiso requesting special permits for: 1. wa.er of 4.5 ft. all,v deldiNdation rec,:,remeno aow :h ex:-sting aev w; 2. a zero ft. rear setback measured from ultimate right-of-way. in lieu of three f:.; and 3. waiver fi om the five r. build-te lire on Main Street and on �'v alnut Avenue to allow: a) a two ft. setback-for the first floor and a zero ft. setback.fo:the second floor on Main Street; and b):-.50% ofbuildinpa. at a zero ft. setback and 50% a, a five ft.setback for the first floor and a three ft. setback for the second floor on Wall—jut Avenue. The proposed project will require removal of the existing structure on the site. The site is presently occupied by an 8,875 square foot commercial building which was constructed in 1928 and is considered an historical structure. The building had a fire in 1990 and, due to fire damage and structural seismic safety deficiencies, has remained vacant since that time. A copy of the request is on file with the Department of Community Development, City of Huntington Beach City Hall, 2000 Main Street, Huntington Beach, California. Any person wishing to comment of the request may do so in v iting within thirty (30) days of this notice by providing written comments to Susan Pierce, Associate Planner, City of Huntington Beach Department of Community Development, Planning Division, P.O. Box 190, Huntington Beach, CA 92648. . E VIRON ENT�L CHECKLIST FQR}1� . �I.Ty OF HI7�'i'I�TGTON:BEACH FLA1�fi ING DI'�IIC Ni T I 0 T ENFA SE5 ENT 11 1. PROJECT TITLE: ZEIDAN BUILDING -DEMOLITION OF STANDARD MARKET AND NEW CONSTRUCTION Concurrent Entitlements: Conditional Use Permit No. 95-84 with Special Permits/Coastal Development Permit No. 95- 84/Design Review No. 95-38 2. LEAD AGENCY: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Susan Pierce,Associate Planner Phone: (714) 536-5271 3. .PROJECT LOCATION: 126 Main Street, southeast corner of Main Street and Walnut Avenue 4. PROJECT PROPONENT: Mohammed and Adel Zeidan Contact: Richard Harlow Phone: (714) 960-2147 5 GENERAL PLAN DESIGNATION: Visitor Serving Commercial 6. ZONING: Specific Plan 5 (Downtown Specific Plan district 3) 7. PROJECT DESCRIPTION: To permit construction of a 9,475 square foot two-story commercial building which is proposed to consist of approximately 4,584 sq.ft. of restaurant and 4,890 sq.ft. of retail. The applicant is requesting special permits for (1) waiver of 4.5 ft. alley dedication, (2) zero ft. rear setback measured from ultimate right-of-way, (3) waiver from the five ft. build-to line on Main Street to allow a two ft. setback for first floor and a zero ft. setback for second floor on Main Street and (4) waiver from the five ft. build-to line on Walnut Avenue to allow half of the building at the zero ft. setback and the remaining half at the five ft. setback for the first floor and a three ft. setback for the second floor. The site is presently occupied by an 8,875 sq.ft. vacant commercial building which was constructed in 1928 and is considered an historical structure. The building had a fire in 1990 and, due to fire damage and seismic safety (structural) issues, has remained vacant since that time. OTHER AGENCIES WHOSE APPROVAL IS REQUIRED (AND PERMITS NEEDED): California Coastal Commission,Air Quality Management District ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact" or is"Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. Z Land Use & Planning Transportation/Circulation ❑ Public Services ❑ Population &Housing ❑ Biological Resources ❑ Utilities & SerN ice Systems O Geological Problems ❑ Energy & Mineral Resources ❑ Aesthetics ❑ Water 21 Hazards EXI Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings_of Significance DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect.-on the environment, there NNill not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. x I find that the proposed project MAY have a significant effect on the environment; and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment,but at least one effect(1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets; if the effect is a"potentially significant impact'or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Si ature Date Printed Name Title • EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off-site as well as on-site,cumulative as well as project-level,indirect as well as direct,and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate,if an effect is significant or potentially significant,or if the lead agency lacks information to make a finding of insignificance. If there are one or more "Potentially Significant Impact"entries when the determination is made,preparation of an Environmental Impact Report is warranted. 4. Potentially Significant Impact l niess Mitigated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures,and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be-cross-referenced). 5. Earlier analyses may be-used where,-pursuant to-the tiering,program'EIR,or.other CEQA process, an effect.has been adequately analyzed in an earlier EIR or negative deCIIMILiori:---Section 15063(c)(3)(D). Earlier analyses.are discussed in Section XVII at the end of the checklist. 6. . References to information sources for potential impacts (e.g.,general plans,zoning ordinances) have been incorporated into the checklist. A source list has been provided in Section XVII. Other sources used or individuals contacted have been cited in the respective discussions. 7. The following checklist has been formatted after Appendix I of Chapter 3,Title 14, California Code of Regulations,but has been augmented to reflect the City of Huntington Beach's requirements. (Note: Standard Conditions of Approval - The City imposes standard conditions of approval on projects which are considered to be components of or modifications to the project;some of"these standard conditions also result in reducing or minimizing environmental impacts to a level of insignificance. However,because they are considered part of the project,they have not been )Identified as mitigation measures. For the reader's information,a list of applicable standard conditions identified in the discussions has been provided as Attachment No. 3. SAMPLE QUESTION: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES(and Supporting Information Sources): Impact Incorporated Impact A'o Impact Would the proposal result in or expose people to potential impacts involving: Landslides orMudflows? (Sources: 1, 6) Q Q Q Discussion: The attached source list explains that 1 is the Huntington Beach General Plan and 6 is a topographical map of the area which show that the area is located in aflat area. (A7ote: This response probably would not require further explanation). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant I$SITES (and Supporting Information Sources): Impact Incorporated Impact No Impact L LAND USE AND PLANNING. Would the Proposal: a) Conflict with general plan designation or zoning? ❑ Q ❑ ❑ (Sources: 3, 6, 8, 18, 20) b) Conflict with applicable environmental plans or policies ❑ 9 ❑ adopted by agencies with jurisdiction over the project? ❑ (Sources: 3) c) Be incompatible with existing land use in the vicinity? ❑ ❑ U ❑ (Sources: 1, 3, 8, 18) - d) Affect agricultural resources or operations(e.g., impacts to ❑ ❑ ❑ Z soils or farmlands, or impacts from incompatible uses)? (Sources: 3) e) Disrupt or divide the physical arrangement of an established ❑ ❑ ❑ community(including a low-income or minority community)? (Sources: 1, 2, 3) Discussion: The proiect site consists of two 25 ft. x 117.5 ft lots(5,875 sq.ft)and is occupied by an 8,875 sq.h. two story, vacant building. Built in 1928 and previously used as Standard Market, the building is seismically unsafe, and must be retrofitted or removed. In December 1990 a fire occurred in the building rendering it unsafe to occupy until the fire repairs were completed. Fire damage has not been repaired. The applicant proposes to demolish the building and construct a 9,474 sq.ft. commercial building on the site. Proposed uses in the future building will include 4,584 sq.ft. restaurant use and 4,890 sq.ft. retail; however,the precise mix of uses will be determined during the leasing process. The project is consistent with the Visitor Serving Commercial General Plan land use designation for the subject site. Special permits are requested to deviate from development standards applicable to District 3 of the Downtown Specific Plan and include: waiver of 4-.5 ft. alley dedication requirement,waiver of three ft. rear setback measured from ultimate right-of-way,and waiver from the_five ft.build-to line on Main Street and on Walnut Avenue. (See discussion and mitigation under item\,I.) The project is compatible with the surrounding area in terms of architectural style and proposed uses. As shown on the attached vicinity map,the surrounding area is developed with a variety-of commercial buildings on lots 25-50 feet or larger in width. The Open Space/Conservation Element of the General Plan includes the goal of creating "...a productive harmom between man and his em-ironemnt by preserving and protecting areas of significant historic, scenic, and archaeological value; and developing and maintaining high standards of visual beauty within all areas of the City. (A similar,but not more detailed, policy is proposed for the General Plan update which is currently being reviewed by the City Council. Although identified as an historic structure, the structure has been vacant for several wears and is in a state of disrepair. The delapidated structure is also located in the highly visible first blcok of the dowritowzt redevelopment area where many of the surrounding properties have recycled or updated building facades to comply with the City's Downtown Design Guidelines. Architectural style will be consistent with the contemporary Mediterrean theme established in the Downtown Specific Plan. This issue has been discussed in greater detail under item XIV. Due to the current condition of the structure, the new structure's compliance with the Downtown Design Guidelines,and the mitigation measures proposed under Section XIV, the impacts are not considered significant. There are no agricultural resources or active operations in the vicinity that would be affected by the project. As shown on the attached site plan,the project also does not propose any elements that-would disrupt or divide the physical arrangement of the.wrowidift Q"am uLy-- Environmental Assessment #95-11 1 of 14 2/15/96 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supposing Information Sources): Impact Incorporated Impact No Impact On November 6, 1995. the City Council adopted Resolution 6718 amending the Circulation Element of the General Plan to reduce the 80 ft. ultimate width of Walnut adjacent to the project site and retain the existing 70 ft. width. This action also amended the Local Coastal Program which must be approved by the California Coastal Commission prior to construction of the proposed project. (See discussion under item VI.) If the Coastal Commission accepts the modification to the Local Coastal Program, a ten ft. dedication along Walnut Avenue will no longer be required. The reduction in street width was approved by the City Council in an effort to encourage the property owner to rebuild or rehabilitate the existing historical structure. II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population G 11 projections? (Sources: 3, 5) b) Induce substantial growth in an area either directly or indirectIv(e.g.,through projects in an undeveloped area or extension of major infrastructure)? (Sources: 3, 5) c) Displace existing housing, especially affordable housing? El 8) El ElDiscussion: The project area is predominately built out with commercial visitor serving uses. The project will replace an existing commercial building and will not create or induce substantial growth-in the area. No housing currently exists on the site; therefore, no housing will be displaced. III.GEOLOGIC PROBLEMS. Would the proposal result in -. or expose people to potential impacts involving: a) Fault rupture?(Sources: 7, 9) b) Seismic ground shaking?(Sources: 7) 0 El Z E c) Seismic ground failure,including liquefaction? (Sources: 7, Q. 8, 9) d) Seiche,tsunami, or volcanic hazard? (Sources: 7, 9, 2I) 0 Q e) Landslides or Mudflows? (Sources: 7) Q f) Erosion, changes in.topography or unstable soil conditions ❑ El ❑ Q from excavation, grading,or fill? (Sources: 2, 8) g) Subsidence of the land? (Sources: 9) Q a h)- Expansive soils? (Sources: 8)__ Environmental Assessment #95-11 .2 of 14 2/15/96 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUE$ (and Supporting Information Sources): Impact Incorporated Impact No Impact ❑ ❑ 0 ❑ i) Unique geologic or physical features? (Sources: 8) ❑ ❑ ❑ Discussion: The project site currently consists of a vacant, two-stop,commercial building. Implementation of the proposed project will require demolition of.the existing structure and regrading of the site. However, the grading is primarily to level the site for development and is consider minor. Demolition and construction phases may result in short term wind and water erosion impacts. The project will be subject to standard conditions of approval requiring implementation of dust control measures and submittal of a siltation plan. (See standard conditions No. 4 and 5 of Attachment No. 3.) The site does not contain any unique geologic or physical features. The project site is not located within the Earthquake Hazard Special Study Zone(previously known as Alquist-Priolo Zone) but is located within one mile of the Newport-Inglewood fault zone. The South Branch Fault is believed to lie parallel and slightly south of Palm Avenue. In the event of an earthquake in the Huntington Beach area, there may be ground shaking. Structures built in California are required to comply with standards set forth in the Uniform Building Code established to minimize impacts to structures from ground shaking. (See standard condition No. 1 in Attachment No. 3 requiring compliance with all local and State codes.) Common engineering techniques can adjust for this potential hazard and reduce the risk to a less than significant level. The project-will be subject to standard conditions of approval requiring preparation of a soils study and implementation of structural recommendations. Currently, the site has ground water depths of approximately three to five feet, and soils consists of older ailuvial material. This material predominantly consists of marina sandy loam which is prone to liquefaction. Land subsidence in Huntington Beach is not expected to occur in the area of the proposed project since there has been no oil extraction on the site. The site is located in an area in which expansive soils are generally present. These geological problems do not preclude construction of the proposed development.because any soils impacts can be mitigated by soils studies required by standard conditions of approval and the structural recommendations generally contained therein. (See standard condition No. 2.) Foundation design will incorporate recommendations of the soils study to minimize any potential impacts and reduce the risk to a less than significant level.. No significant impacts are anticipated. Tsunamis are seismic induced sea waves and are a potential threat to all low-lying coastal areas of California. Howler,as stated in EIR 82-2 for the Downtown Specific Plan,research indicated that no known significant tsunamis have caused damage in the Huntington Beach area with the recorded histon.of California and concluded that the impact of tsunami was not significant. - IV.WATER Would the proposal result in: a) Changes in absorption rates, drainage patterns,or the rate ❑ Q ❑ D and amount of surface runoff? (Sources: 2) b) Exposure of people or property to water related hazards such ❑ 0 as flooding? (Sources: 10) c) Discharge into surface waters or other alteration of surface ❑ ❑ ❑ water quality(e.g.,temperature,dissolved oxygen or turbidity)? (Sources: 1) Environmental Assessment #95-11 3 of 14 2/15/96 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact d) Changes in the amount of surface water in any water body? El El 11 (Sources:.I) e) Changes in currents, or the course or direction of water Cl El El movement? (Sources: 1) f) Change in the quantity of ground waters, either through El El El0 direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (Sources: 3) g) Altered direction or rate of flow of groundwater? (Sources: s) El El El h) Impacts to groundwater quality? (Sources: 8) Q i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (Sources: 5, 7) Discussion:. Buildout of the property under the proposed conceptual plan will not increase the amount of impervious surfaces (concrete, asphalt; etc.). The entire site is presently covered completer with paving or structures, and the proposed project hill provide approximately 17%paving and 83%building area. Construction related activities will not increase the amount of storm water runoff. The project will be subject to standard conditions of approval requiring submittal of a grading plan for review and approval by the Public Works Department to determine that the runoff generated by the proposed project will not adversely impact existing drainage systems and adjacent properties. (See standard condition.No. 3.) Curb and-gutter will be constructed to direct surface water flow into the City's existing storm drain system._. The site is located approximately 500 feet from the Pacific Ocean which may produce flood activity from wave action. However,the project site is located in Flood Zone X,an area not subject to floodplain regulations. Flood waters created by wave action are not anticipated to occur at the subject location because research conducted for EIR 82-2 for the Dowmtowm Specific Plan indicated that no known significant tsunamis have caused damage in the Huntington Beach area within the recorded history of California. The project will require the installation of separate two inch minimum domestic water service connection to the proposed building and a four inch minimum fire service assembly. Both the water service and fire service will connect to an existing eight inch water main located in Walnut Avenue. The Water Division of the Public Works Department indicates that water demand for the proposed project can be accommodated by the City's water service capacity. It is, however, concerned with on-site space restrictions relative to the placement of backflow dexices for the domestic water service and fire service assembly. The project will be subject to standard conditions of approval requiring implementation of Title 24 conservation measures such as low flow fixtures and use of drought tolerant plant species and drip irrigation. (See condition No. 1 of the standard conditions.) The site does not drain directly into any natural body of water. No significant adverse impacts to the existing water supply are anticipated. Mitigation 1. Backflow devices for domestic water service and fire service assembly shall be placed on site in locations approved by the Director and the Water Division. Environmental Assessment #95-11 4 of 14 2/15/96 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing ❑ 9 El or projected air quality violation? (Sources: 11) b) Expose sensitive receptors to pollutants? (Sources: 1) El El Q 11 c) Alter air movement, moisture, or temperature? (Sources: 6) El El 11 d) Create objectionable odors? (Sources: 6) El Discussion: Presently the existing building is vacant and no vehicle trips are generated by its use. The traffic engineering division of the Public Works Department has established a trip generation factor for the Downtown area of 66 trips per 1,000 square feet of retail/restaurant area. Therefore, at end of project buildout the proposed use of the building-.;ill generate 625 trips per day. This will result in an increase in vehicle-related emissions in the area which may incrementally contribute to degradation of local air quality. Because the combination restaurant/retail building total 9,474 square feet floor area is less than.the threshold criteria of 20,000 square feet for-reswwant use and 56,000 square feet for retail commercial as established by the South Coast Air Quality Management District for potentially significant air quality impacts, its contribution is not considered significant. Short-term deterioration of local ambient air quality may occur during demolition and construction phases as a result of construction equipment emissions and dust. Emissions are expected from gasoline and-diesel-powered grading and paving- equipment and fugitive dust generation associated with demolition activities. Demolition may disturb existing materials containing asbestos: however. all demolition work activities will be subject to SCAQMD monitoring of the project. AR.. projects are required by the Zoning and Subdivision Ordinance to comply with the rules, regulations and standards of the SCAQMD. With the implementation of conditions of approval minimizing dust and emissions resulting from construction equipment and a Zoning and Subdivision Ordinance compliance, no significant adverse air quality impacts are anticipated. (See standard condition No. 5.) VI.TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (Sources: 12) ❑ 0 0 b) Hazards to safety from design features(e.g., sharp curves or dangerous intersections)or incompatible uses(e.g.,farm equipment)? (Sources: 2) c) Inadequate emergency access or inadequate access to nearby ❑ Q Q uses? (Sources: 1, 2, 8) El d) Insufficient parking capacity on-site or off-site? (Sources: 2, Q Q 4) 2/15/96 Writ #95-11 5 of 14 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact e) Hazards or barriers for pedestrians or bicyclists? (Sources: 2) O El f) Conflicts with adopted policies supporting alternative El ElQ transportation (e.g.,bus turnouts,bicycle racks)? (Sources: 2) g) Rail, waterborne or air traffic impacts? (Sources: 1) El El 9 Discussion:. Existing roadway segments in the area are currently operating at a level of service (LOS)of A or better(Main Street between Pacific Coast Highway and Walnut)and LOS of B on Main between Walnut and Smith Street. Signalized intersections in the same vicinity-also have an LOS B or better. Precise Plan of Street Alignment No. 94-1 was approved and adopted by the City Council November 6, 1995, to retain the existing 70 feet wide Walnut Avenue which promotes revitalization of the downtown area and reduces intersection crossings in areas of heavy pedestrian use. Ultimate Main Street width and alley widths require dedication of 4 feet along the front of the property and 4.5 feet along the rear property line. The applicant has requested a special permit to-,yaive the rear dedication which may significantly impact the use of the alley for deliveries and trash pick-up for the proposed new building and adjacent structures. Although the existing 19.5 feet wide alley is a deadend alley, it does not comply with the mini„yam 24 feet wide alley requirement in the Downtown Area. Public Works indicates that maintaining the existing width will not provide inadequate space for vehicle maneuvering; delivery, and trash activities. Dedication for alley widening is consistent with the recent dedication required prior to establishment of a restaurant at 120 Main Street. The proposed 9,474 square feet restaurant/retail-bulding is projected to result in approximately 625 average vehicle trips per day at completion based on a trip generation factor for the Downto-,n area established by the traffic engineering division of the Public.Works Department. This factor consists of 66 trips per 1,000 square feet of retail/restaurant area. The combined retail/restaurant traffic generation (625 trip ends)associated with the project constitutes more than one percent of the existing traffic levels in the vicinity,and may have an impact to levels of service in the area; however, traffic engineering indicates that pass-through trips reduces the actual vehicle trips by 30-3-4%for the retail area. Traffic impact fees-will be required to offset the vehicle tries generated by the new building. Construction traffic resulting from development of the project may result in short-term interruptions to traffic circulation,including pedestrian and bicycle flow. These potential impacts may be reduced through implementation of conditions of approval requiring Department of Public Works approval of construction vehicle control plan. (See standard condition No. 6.) A total of 56 spaces are required for the proposed retail/restaurant building. The Parking Master Plan adopted for parking in the downtown area encourages concentration of commercial activity along Main Street and limits the maximum amount of restaurant; retail,office uses within this area. This Plan includes parking credit for 5,875 square feet of retail and 3,000 square feet of restaurant use(43.5 parking spaces). Additional parking demand will be generated by the increased restaurant area(41584 square feet)and the increased total building area 9,474 square feet which are subject to parking requirements contained in the Zoning and Subdivision Ordinance(12 spaces). The additional parking demand must be provided on site or by payment of in-lieu parking fees for each space at the current rate of$12,000 per-Vace. Mitigation 1. The property owner shall dedicate land for street and alley widening purposes as required by the Specific Plan, or as approved by the Planning Commission, and Public Works Standard Plans and Specifications. 2. The property owner shall provide the required parking spaces on-site or participate in the in-lieu parking fee program. Environmental Assessment #95-11 6 of 14 2/15/96 Potentially Significant Potentially_ Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact VII.BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats 11 El ❑ 0 (including but not limited to: plants, fish. insects, animals, and birds)? (Sources: 3. 7) b) Locally designated species(e.g., heritage trees)? (Sources: 3. El El El 9 7) c) Locally designated natural communities (e.g., oak forest. E El El coastal habitat; etc.)? (Sources: 3. 7) d) Wetland habitat(e.g., marsh; riparian and vernal pool)? t (Sources: 3, 7) ci e) Wildlife dispersal or migration corridors? (Sources: 7) 11 El 11 Q Discussion: The project area is completely developed and located in a highly used area. The site does not contain any biological resources. VIH.ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict .vith adopted energy conservation plans? (Sources: ❑ 13 Q 3) b) Use non-renewable resource in a wasteful and inefficient 0 El Z 0 manner? (Sources: 3, 7) c) Result in the loss of availability of a known mineral resource Q- El 0 0 that would be of future value to the region and the residents of the State? (Sources: 3, 7) Discussion: The project will result in increases of fuel/energy usage in the City; however, anticipated energy demands created by the project are within parameters of overall projected demand which is planning to be met for the area. Existing facilities are adequate to accommodate the development. No significant adverse impacts to natural resources are anticipated. IX.ELAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances(including,but not limited to: oil,pesticides, chemicals or radiation)? (Sources: 7, 14) Environmental Assessment 495-11 7 of 14 2/15/96 Potentially Significant Potentially Unless Less Than ISSUES (and Supporting Information Sources): Significant Mitigation Significant Impact Incorporated Impact No Impact b) Possible interference with an emergency response plan or ❑ Z emergency evacuation plan? (Sources: 7) c) The creation of any health hazard or potential hazards? XQ ❑ (Sources:7, 14) d) Increased fire hazard in areas with flammable brush, grass, El El0 or trees? (Sources: 2) Discussion: The proposed demolition may involve hazardous materials such as removal of asbestos materiais. Grading activities and excavation may result in the exposure of individuals to potentially hazardous substances such as methane. Removal of hazardous materials will occur under the supervision of the Fire Department. SCAQMD, or Orange Count- Health Department, depending on the nature of the materials. With implementation of recornmended mitigation measures, no significant impacts resulting from hazardous materials are anticipated. Completion of the project wrill also minimize fire hazards resulting from the abandoned and vacant building. Mitigation: 1. Prior to demolition or excavation of structures,any asbestos contained therein shall be identified and removed in compliance with City, State and Federal standards, including an asbestos abatement program to be reviewed and approved by the Building Official. Y 2. Prior to demolition of structures, any hazardous substances contained on the site shall be identified and removed in compliance with City, State, and Federal standards. X. NOISE..Would the proposal result in: a) Increases in existing noise levels? (Sources: 7, 14) ❑ El Q 0 b) Exposure of people to severe noise levels? (Sources: 7, 14) Discussion: The project wilt generate short-term noise impacts during construction with the use of heavy construction equipment. All construction will be required to comply with Chapter 8.40 Noise of the Huntington Beach Municipal Code, and through the implementation and compliance of standard conditions of approval, no significant noise impacts during construction are anticipated. Long-term noise impacts may occur as a result of the increase in trip-ends and associated vehicular noise generated by the uses with the building. In addition,there will be additional noise impacts if future uses utilize outdoor deck areas. The project is located in an area of intense comercial development. Surrounding uses include a parking structure to the east, retail commerciai-and parking structure to the north,and retail commercial to the south and west. Although residential uses are located within 150 feet of the project site,they are separated from the project by other existing commercial structures and roadways: Commercial activity on Main Street includes several outdoor dining uses. These uses and future uses within the proposed building may incrementally increase the noise intrusion on residential uses, however. Due to the ambient noise from the existing traffic and commercial uses,the noise levels generated by the project are anticipated to be negligible. Environmental Assessment #95-11 8 of 14 2/15/96 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact Xi.PUBLIC SERVICES. Would the proposal have an effect upon,or result in a need for new or altered government services in any of the following areas: a) Fire protection? (Sources: Huntington Beach Fire Dept.) El El b) Police Protection? (Sources: Huntington Beach Police Dept.) n c) Schools? (Sources: 15) ❑ d) Maintenance of public facilities; including roads? (Sources: ❑ ❑ X City of Huntington Beach) e) Other governmental services? (Sources: City of Huntington ❑ a ❑ Beach) Discussion: The proposed project has initially been reviewed by various City Departments, including Public Works,Fire and Police, for compliance with all applicable City codes. With the implementation of standard conditions of approval, and compliance with City specifications, no significant adverse impacts to public sentices are anticipated. The proposed building constrains the placement of backflow device. The site is located in the Huntington Beach City School District and the Huntington Beach Union High School District, however,the project�yill not generate any students. The property oower/developer will be required to pay State-mandated school impact fees. XTI.UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies; or substantial alterations to the following utilities: a) Power or natural gas? (Sources: 5, 7) 11 El EET El b) Communication systems? (Sources: 5, 7) E El Q 0 c) Local or regional water treatment or distribution facilities? 13 Q 0 (Sources: 5,7) d) Sewer or septic tanks? (Sources: 5,7) Q f) Solid waste disposal? (Sources: 5, 7) Q El 0 El g) Local or regional water supplies? (Sources: 5, 7) Q El 0 ❑ Discussion: The project will require an upgrade to existing waterline and sewer lines to bring the proposed project into compliance with Public Works standard plans and specifications. Water usage and sewage generation for the proposed 4waunercial building are not expected to be significantly increased by 600 sq.ft. additional floor area than the existing Environmental Assessment #95-11 9 of 14 2/15/96 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact building. Although the site has been vacant for the past 5 years,the Water Division of Public Works indicates that there is sufficient water available to service the.project. The trash�vill be collected by the Rainbow Disposal Company. The scope of the project was reviewed by the Department of Public Works. Impacts will be minimized further through implementation standards of the energy conservation standards of Title 24 of the California Administrative Code as required through standard conditions of approval, no adverse impacts to the City's utilities are anticipated. XM.AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? (Sources: 1, 3) ❑ El C XI b) Have a demonstrable negative aesthetic effect? (Sources: 1, Q 4, 20) c) Create light or glare? (Sources: 2, 20) El El 9 Q. Discussion: The site is located in an area with high visibility. The project will remove abandoned commercial building that has not been repaired following a fire in December 1990,and the proposed commercial building has been designed to comply with the Mediterreanen-theme established in the Downtown Design Guidelines. The project will be compatible with the surrounding residences and-commercial development in design, and the site will be landscaped pursuant to City standards. The site is not located along any scenic highwav or in the vicinity of any scenic vista or resource. The project will introduce some new light sources on the project site, including light transmitted through the glass windows and balcony lighting. The surrounding area includes restaurants with outdoor dining and general commercial uses with the same type of lighting sources. All exterior lighting materials must be in compliance with the Downtown Design Guidelines. The incremental increase in ambient light due is expected to the negligible. The site is not adjacent to any light sensitive uses. With implementation of standard conditions of approval(See No. 7 on Attachment No. 3)requiring the directing of lights in a'manner to prevent spillage onto adjacent properties; no adverse impacts are anticipated. XIV.CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (Sources: 7) 0 El 13 9 b) Disturb archaeological resources? (Sources. 16, 19) Q 0 Q c) Affect historical resources? (Sources:13, 17, 19, City of Huntington Beach) d) Have the potential to cause a physical change which would 0 0 Q Q affect unique ethnic cultural values? (Sources: 2, 19) eJ Restrict existing religious or sacred uses within the potential 11 El 11Q impact area? (Sources: 1) Discussion: Use of the property dates back to 1928 when the Zigzag Moderne structure was built with an open front and iron gates that secured the building at night. The openings since have been filled in_with wood siding, stucco, and bricks. Environmental Assessment #95-11 10 of 14 2/15/96 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant. ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact An historic resources inventory was conducted in 1986, and-itivas determined that the structure appeared at that time to be individually eligible for listing on the National Register of Historic Places. This inventory also recommended formation of an historic district for properties adjacent to Main Street. EIR 89-6, prepared for Main Pier Phase I1 and Main Street 100 Block, identified properties eligible for inclusion in the district, including the subject site. and ,vas adopted with overridding considerations to allow some historic buildings to be removed. The subject site was not proposed at that time to be removed or demolished. Since 1986, several buildings have been demolished and others have experienced facade remodel. The City Council denied support for formation of an historic commercial district. The subject building was not added to the National Register of Historic Places. The Historic Resources Board is reviewing the request for demolition and new construction to make a determination as to whether the building or any portion thereof should be retained or replicated. This building is one of the last historic buildings remaining on Main Street in the downtown area: 115. 119-121. 123. 124, and 126 Main. Comprehensive documentation of the building will minimize the impacts of the loss and/or relocation of these historical resources. Prior to demolition the Board may also contact the property owner to determine if he would be willing to-donate portions of the building for future display. Demolition of the structure may-cause construction damage to offsite structures including the remaining buildings on Main Street of historic significance to the City. This impact may be minimized by establishing a program to monitor demolition and construction activities. In 1980 the structure was identified noncompliant with earthquake hazard regulations adopted by the City. Later in 1990 the structure was damaged by fire. No repair or structural rehabilitation has occurred. Mitigation: 1. The applicant shall provide fom--five days written notice to the City of Huntington Beach Historic Resources Board prior to the issuance of any demolition permits or grading or excavating activity informing them of such activity. The Board may relocate, fully document and/or preserve significant architectural elements. The applicant/property owner shall not incur any costs associated with moving or documenting the structure. 2: Comprehensive documentation of the project site. as it currently exists, shall be prepared prior to the issuance of any building,grading; and/or demotion permits. The documentation shall be in accordance with standards established by the Historical American Buildings Survey/Historical American Engineering Records(H, BS/FiAER). The report shall be submitted to the City and archivally maintained with provisions for public access. The costs associated with preparation of the documentation shall be the responsibility of the property-owner. 3. Prior to issuance of a demolition permit,an adequate monitoring and/or bonding program shall be established to ensure that demolition and construction vibration-impacts do not adversely affect offsite structures. XV.RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks orEl ElQ ether recreational facilities? (Sources: 1.2) >b) Affect existing recreational opportunities? (Sources: 1) 0 ❑ 0 Discussion: The project will not result in the loss of existing recreational facilities and will not affect or increase a demand for additional recreational facilitites. Environmental Assessment #95-11 11 of 14 2/15/96 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact XVLMANDATORY FINDINGS OF.SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (Sources: 2, 7) Discussion. The project represents a minor increase in commercial'building area and will not significantly degrade the quality of the environment. It is not located in the areas of any wildlife or biological resource areas and will, therefore, not substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal. Although the existing structure on the site is an example of early building construction in the City of Huntington Beach, this structure will be documented for historical purposes. No significant adverse impacts are anticipated. b) Does the project have the potential to achieve short-term, to the disadvantage of long-term environmental goals? (Sources: 3) Discussion: The proposed project is consistent with the City of Huntington Beach General Plan. It does not represent a significant negative impact to the environment or goals of the City. c) Does the,project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects.) (Sources: 3) Discussion: See discussion of items no. I-XV above. d) Does the project have environmental effects which will cause El 0 substantial adverse effects.onhuman beings,either directly or indirectly? (Sources: 2, 6) Discussion: See discussion of items no. I-XV above. Environmental Assessment #95-11 12 of 14 2/15/96 XVII. EARLIER ANALYSIS Earlier analyses may be used where, pursuant to tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). Earlier Documents.Prepared and Utilized in this Analysis Reference # Document Title Available for Review at: 1 Project Vicinity Map See Attachment #1 2 Site Plan City of Huntington Beach Community Development Dept.,Planning/Zoning Information-Counter,3rd Floor 2000 Main St. Huntington Beach 3 City of Huntington Beach General Plan City of Huntington Beach Community Development Dept.,Planning/Zoning Information Counter,3rd Floor 2000 Main St: Huntington Beach 4 _ City of Huntington Beach Zoning and Subdivision " Ordinance 5 City of Huntington Beach Draft Environmental Impact " Report for General Plan Update 6 Project Narrative 7 City of Huntington Beach General Plan Technical ` Background Report for General Plan Update 8- Downtow-n Specific Plan " 9. Geotechnical Inputs " for City of Huntington Beach 10 FEMA Flood Insurance Rate Map (November 3, 1993) " 1 I Air Quality Handbook, South Coast Air Quality " Management District 12 Department of Public Works,.Traffic Engineering " Division 13 1986 Historic Resources Survey " 14 City of Huntington Beach Municipal Code City of Huntington Beach City Clerk Office,2nd Floor 2000 Main St. Huntington Beach Environmental Assessment #95-11 13 of 14 2/15/96 Reference # Document Title Available for Review at: 15 City of Huntington Beach City of Huntington Beach Community CEQA Procedures Handbook Development Dept.,Planning/Zoning Information Counter, 3rd Floor 2000 A4ain St. Huntington Beach 16 City of Huntington Beach Archaeological Site Vicinity " Map 17 City of Huntington Beach Historic District Location " Map is City of Huntington. Beach Local Coastal Program " 19 Environmental Impact Report 89-6 (Main Fier Phase II ` and Main Street 100-Block) 20 Downtown Design Guidelines " 21 Environmental Impact Report 82-2 (Downtown Specific Plan) XVIU, Summary.of MitigAtioxv Measures Description of Impact Mitigation Measure - A special permit to waive alley I The property owner shall dedicate land for street and alley widening purposes as required by the dedication-will provide I Specific Plan, or as approved by the Planning Commission, and Public Works Standard Plans and inadequate access=to nearby Specifications uses. The project-:will Vie- The property owner shall provide the required additional 12 parking spaces on-site or participate additional parking demand. in the in-lieupa-kin fee program. The project will include the Prior to demolition or excavation of structures, any asbestos contained therein shall be identified demolition of a structure which and removed in compliance with City, State and Federal standards, including an asbestos rnay contain asbestos. abatement program to be reviewed and approved by the Building Official. Demolition and grading Prior to demolition of structures,any hazardous substances contained on the site shall be activities may result in exposure identified and removed in compliance with City, State,and Federal standards. of individuals to potentially hazardous substances Umolition and construction----- Prior to issuance of a demolition permit, an adequate monitoring and/or bonding program shall activity may affect offsite be established to ensure that demolition and construction vibration impacts do not adversely i structures. affect offsite structures. On site-space restricts placement Backflow devices for domestic water service and fire service assembly shall be placed on site in l of backflow devices for domestic locations approved by the Director and the Water Division. water service and fire service assembly. Environmental Assessment #95-11 14 of 14 2/15/96 The existing building 1. The applicant shall provide fort-five days written notice to the City of Huntington Beach constructed in 1928 has Historic Resources Board prior to the issuance of any demolition permits or grading or excavating historical value to the City of_ activity informing them of such activity. The Board may relocate, fully document and/or preserve Huntington Beach. significant architectural elements. The applicant/property owner shall not incur any costs associated with moving or documenting the structure. 2. Comprehensive documentation of the project site,as it currently exists. shall be prepared prior to the issuance of any building, grading. and/or demolition permits. The documentation shall be in accordance with standards established by the Historical American Buildings Survey/Historical J American Engineering Records(HABS/HAER). The report shall be submitted to the City and archivally maintained with provisions for public access. The costs associated with preparation of the documentation shall be the responsibility of the property-owner: maintenance costs shall be the responsibility of the City. Environmental Assessment 495-11 15 of 14 2/15/96 PLANNING DM 12L SECTIONAL DISTP-ICT MAP CITY OF HUNTINGTON BEACH NO- I ORANGE COUNTY. CALIFORNIA Vic; I n I-�y Mot P USE' OF PROPERTY MAP v ADAMS AVE \i U I U ! L_J L_—J I I I L '~7 _ DEAvE ` I _ �/ .—.rC—C _� --4 I III \ _ I .77 -.A� FC�_ i-�i ` AVE CgFS� / l� �� J •V[' �. __-�'�I. II j _C F R (L 4 WE :-:1 MFNPHIS .E vE NTti AVE j+�[71yr�.'-7Ni--.�__! y CF-R � � i ' o N. :INCOLN _AVE 71 r - AVE. �F---1 NF AVE C _ INDIANAPO''_ 4V f \`." •\ PALM. WE n FTFCF� G AVE.- \ � `//17 GENE— ACACIA AVE. ;i1 --- JT FRANKFO RT I „� \�- ^4F e�+S��©Zak __ ;Il: lli j• �M �� / ELMIRA _ AVE. / -.00, CH`T` ;`fir s`r L' _•t♦ __ __ _ ' III II� �'� - -_ /? At AVE. I _ CNIUGo o - AVE- - Q << W BALTIMORE -.r�7 a 1++� L�•1� O;�'' '� ��; ;rye- AT LANTA r AVE \r - su8.1BCT s,rJL ' i Attachment No. 2 Standard Conditions of Approval - The-development shall comply with-all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 2. A detailed soils analysis shall be prepared by a registered Soils Engineer prior to issuance of building permits. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 3. On-site drainage shall not be directed to adjacent properties but shall be handled by a Public Works approved method. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works requirements. 4. Prior to.issuance of building permits, an erosion control plan shall be submitted to Public Works Department. 5. During construction, the applicant shall: a: Use water trucks or.sprinkler systems in all areas where vehicles travel to keep damp enough to _ prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); a Discontinue construction during second stage smog alerts. 6. Prior to issuance of building permits, submit a construction vehicle control plan to Public Works for review and approval. ?. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage"onto adjacent properties and shall be nofed_on the site plan and elevations. I Environmental Assessment #95-11 1 Attachment No. 2 TO: Mary Beth Broenen Date: March 14, 1996 Assistant Planner FROM: City of Huntington Beach Environmental.Board SUBJECT: Environmental Assessment Form No. 95-11 The City of Huntington Beach Environmental Board has received and reviewed the above referenced project. This project consists of a request to parm t cons_tn,nti nn of A 9,475.sguare foot two-story commercial building at 126 Main St. The Environmental Board concurs/does--not--concur that an Er_vircm►nental BtpaeE- ReperdNegat_ve Declaration/#_itigated-Neg t-eye-Deez'affAei-t- is the appropriate level of, environmental review for this project, In addition to the areas of concern addressed in the £HR/NID/lblID; the Board feels that the following issues need to be addressed/ Cer aRa:;Y-zt4-k-! meted- • One of the problems with the downtown area is inadequate parking space; payment of $12,000 per space does not do anything to resolve the parking issue. That $12,000 just goes into the General.Fund. The Environmental Board recommends approval of EIR No. /?NTD NTo. 95-11 /1VIND No. subject to resolution of the above issues. Due-te-Lhe abe;e-i9sues-the- mrien4al « feell that the eavirefifnen6i seneems hmee, adequately beeR analyzed ,y and, t4er-efe Fe, r e+emmends that n (f e ised)EIR be prep rg for. ♦,era nro?.cti- If you have any questions • or concerns regarding our comments, please contact Andrea Burrell ,Chairperson of sub-Commi ttee,eg_ n _ Review Subcommittee. cc: Thomas Ryan SETBACK COMPARISON MAJOR PROJECTS WITHIN DOWNTOWN SPECIFIC PLAN AREA PROJECT FILE:# ADDRESS DISTRICT ". .: RE UIRED SETBACKS PROVIDED SETBACKS ALLEY, SPECIAL;:;; :FRONT; EXTERIOR: REAR FRONT: EXTERIOR REAR,; DEDICATION `PERMIT..: SIDE SIDE Main Pier Phase I CUP 88-7 300 PCH 1 25 ft. 15 ft. N/A 10 ft.to 10 ft.to N/A 4.5 ft. yes (Pierside colonade colonade Pavillion) 20 ft.to (Main) building (PCH) Main Pier Phase CUP 91- 101 Main 3 Build to 5 ft. Build to 5 3 ft. 7 ft(Main) 0 ft.(PCH) 4 ft. 7.5 ft. yes II(Abdulmutti) 39 ft. Demonstration CUP 89-1 201 Main 5 Build to 5 ft. 5 ft. 3 ft. 0 ft.(Main) 0 ft.(Walnut) 5 ft. 2.5 ft. yes Block(Caverly) Demonstration CUP 89-1 221 Main 5 Build to 5 ft. 5 ft. 3 ft. 0 ft.(Main) 0 ft.(Olive) 3 ft. 2.5 ft. yes Block(Trainer) Main-Pier Phase CUP 92- 301 Main 1 25 ft. 15 ft. 3 ft. 3 ft. 2 ft.(Main) 3 ft. 7.5 ft. yes 11(Coultrup- 17 20 ft.(second Main St.bldgs) floor) Townsquare CUP 87- 501 Main 6 Build to 5 ft. 15 ft. N/A 15 ft to 25 ft.(6th St.) N/A N/A no 36 arcade (nonconf.) 25 ft to building (Main) _..� N/A-not applicable �7 QU IERCM0233 �f �; T'� A ' EN T 1� n DRAF r MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, APRIL 9, 1996 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 6:30 PM (Agenda Review) REGULAR MEETING- 7:00 PM PLEDGE OF ALLEGIANCE P P P P A P P ROLL CALL: Holden, Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker AGENDA APPROVAL A. ORAL COMMUNICATIONS - (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. NONE B. PUBLIC HEARING ITEMS B-1 COASTAL DEVELOPMENT PERMIT NO. 95-39NARIANCE NO. 95-32 (APPEAL) (SANITATION DISTRICT) (CONTINUED FROM MARCH 26, 1996): APPLICANT: County Sanitation Districts of Orange County APPELLANT: Councilmember Tom Harman and County Sanitation Districts of Orange County LOCATION: 22212 Brookhurst (approximately 2,200 feet north of Pacific Coast Highway, adjacent to the Santa Ana River). PROJECT PLANNER: Mary Beth Broeren DRAY-11 Transmitted for Planning Commission consideration are two appeals of the coastal development permit and the variance which were approved by the Zoning Administrator on January 10, 1996. This item was continued from the March 26, 1996 Planning Commission meeting to allow staff time to resolve conditions of approval. The applications represent a request to construct two structures at Treatment Plant No. 2 operated by the County Sanitation Districts of Orange County. One of the structures is an 86 foot high surge tower that will replace a 55.5 foot high tower and be located approximately 400 feet closer to Pacific Coast Highway. The applicant has requested a variance for the surge tower because it exceeds the maximum 40 foot height permitted for the property. The applicant has indicated that the new location is necessary because of the presence of seismic faults at the location of the existing tower and that the variance request is necessary in order to accommodate projected flows. The second structure is a 3,200 square foot pump station that will replace an existing 400 square foot station. The new pump station is required because of projected demand for water flows. The first appeal is by Tom Harman, City Councilmember, who expressed concerns about negative visual impacts from Pacific Coast Highway. The second appeal was by the applicant because of two conditions of approval pertaining to water issues. The applicant has agreed to include the City in a facility master plan effort to begin late this summer. As part of that effort, landscaping and other aesthetic concerns will be evaluated. Staff believes that this will adequately address the visual impact issues raised in the appeal. Regarding the two conditions of approval appealed by the applicant, staff has achieved a resolution on one condition of approval pertaining to the number of water connection pipes. The Public Works Department is working with the applicant to resolve the other issue regarding the purchase of reclaimed water for landscaping and hopes to provide additional information at the public hearing. STAFF RECOMMENDATION: Staff recommends that the Planning Commission uphold the Zoning Administrator's approval of Coastal Development Permit No. 95-39 and Variance No. 95-32 based on the following considerations: • The pump station and surge tower have been designed to meet projected demand. These two components are integral to the operations of the wastewater treatment plant which provides a service that is essential for the health and safety of Huntington Beach residents and businesses. • The facilities master plan effort will evaluate aesthetics of the site, including landscape and mural alternatives, and will result in projects that will minimize negative visual impacts of the facilities. Commissioner Kerins asked staff why eucalyptus trees could not be used as the additional landscaping along the Pacific Coast Highway side of the facility to better shield views from Pacific Coast Highway. Daryl Smith, Superintendent of Parks, Trees and Landscape Division, stated that the soil conditions and winds from the ocean create an environment PC Minutes-4/9/96 2 (pem049) unsuitable for this type of tree. He also stated that the Fish and Game Department opposed eucalyptus and other species as they have a rafter effect which hides predatory birds, therefore, threatening the existing wildlife in the wetlands area. They could however, substitute trees of similar type that would be compatible with these conditions, and shield views from Pacific Coast Highway. He also stated that the type of trees would be restricted to approval by the Fish and Game Department as the area was adjacent to the wetlands. Commissioner Tillotson asked staff if larger trees could not.be planted to encourage more . rapid progress of growth and stated that she would like to see the size of the box trees to be planted stated in the conditions of approval. Daryl Smith, Superintendent of Parks, Trees and Landscape Division, stated that in this type of soil smaller trees will actually grow better and larger as they have a better chance to acclimate to the soil. He stated that seed was actually preferably as the trees would become indigenous to the land. Scott Hess, Senior Planner, stated that the City will continually monitor the landscaping process and the Sanitation District will work closely with the City during the process. THE PUBLIC HEARING WAS OPENED. Jon Ely, 22051 Hula Circle, stated that the visual ugliness of the plan continues to be imposed on the southern gateway to our City. He stated that Condition No. 2 was vague and only requests that final landscape plans be submitted to the Planning Commission for information. He recommends that plans for any future mitigation plan should be approved by the Planning Commission prior to final approval of this request, not presented as information at some future time. Mr. Ely stated that Condition No. 2.b allows the applicant a phasing plan identifying timing for landscape improvements to be completed over the next two years. He feels the wording should be changed to "to be completed in conjunction with construction of the proposed surge tower or over a maximum of two years." Lastly, Mr. Ely stated that Condition No. 3 stated that the applicant would only be required to include the City of Huntington Beach as a team member in a facilities master plan which will only examine ways in which to improve the aesthetics of the project site, including landscaping and muraling. He stated that according to the staff report a Site and Security Landscape Masterplan has been on the books since 1986. He feels the Sanitation District should update this plan with the guidance of City staff and present such an updated, detailed version of the plan for approval by the Planning Commission in a timely fashion. Such a plan including substantial visual mitigation of the Pacific Coast Highway side of the sewage facility should be required and approved before the permit/variance is allowed. He urged denial of the request with the finding that the conditions of approval do not provide adequate assurance that the Sanitation District's facility will be visually mitigated in a substantial or timely manner. PC Minutes-4/9/96 3 (pcm049) David Ludwin, Director of Engineering for the Orange County Sanitation District, stated that the District is concerned with how they are perceived by the neighbors. He stated that the District will work closely with the City on the type of plant material used for screening. He also stated that the surge tower height was necessary for the function of the tower. Mr. Ludwin stated that the District is pulling landscaping forward to coincide with the construction of the surge tower. The Commission asked Mr. Ludwin if the new surge tower could be repositioned further back from Pacific Coast.Highway. Mr. Ludwin stated that the relocation of the surge tower was due to its position on an earthquake fault. The position designated is the only option. The Commission questioned staff as to the length of the project from start to finish. Mr. Ludwin estimated commencing construction in September/October with a duration of one to one and one-half years. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed modifications and additions to the findings and suggested conditions of approval relative to landscaping requirements. A MOTION WAS MADE BY KERINS, SECOND BY LIVENGOOD, TO UPHOLD THE ZONING ADMINISTRATOR'S ACTION AND APPROVE COASTAL DEVELOPMENT PERMIT NO. 95-39 AND VARIANCE NO. 95-32 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED PC Minutes-4/9/96 4 (p=049) FINDINGS FOR APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 95-39: 1. The request to permit a 3,200 square foot pump station and an 86 foot high surge tower conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed landscaping and mural improvements will improve the appearance of the treatment facility, and completion of the project will promote the Coastal Element goal of providing adequate community facilities within the Coastal Zone. The surge tower will be located at a facility which already includes several other towers and structures which, because of their size, height and stark appearance, may be considered to impact views. The proposed tower will not significantly add to these impacts but because of its height will be visible from Pacific Coast Highway. The proposed landscaping improvements are designed to minimize impacts of the proposed tower and existing structures. Further, the tower will be located at the southeasterly end of the site and will not be visible from the residences on the west side of Brookhurst Avenue. The proposed pump station and surge tower will not impact public access because they are in an area where none exists. 2. Coastal Development Permit No. 95-39 is consistent with the CZ suffix zoning requirements, the MI. A Zoning District, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. The proposed development will conform with all applicable City codes. The proposed pump station and surge tower involve the reconstruction and relocation of existing facilities located within the County Sanitation Districts of Orange County Wastewater Treatment Plant No. 2. The pump station will conform to all applicable City codes. The surge tower will conform to all City codes with the exception of the maximum height limit of 40 feet. The overall 86 foot height of the proposed surge tower has been approved through the granting of Variance Number 95-32 which has been processed concurrently with the Coastal Development Permit. 3. At the time of commencement of operations, the proposed pump station and surge tower will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. Infrastructure currently exists to the site. Any modifications to infrastructure required as a result of development of this-project have been included as conditions of approval. 4. The proposed pump station and surge tower conform 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. PC Minutes-4/9/96 5 (pcm049) FINDINGS FOR APPROVAL-'VARIANCE NO. 95-32: DRAFT 1. The granting of a variance for an 86 foot high surge tower( 98 feet MSL) in lieu of maximum 40 foot height 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 surge tower will be part of the facilities at the existing County Sanitation Districts of Orange County Wastewater Treatment Plant 2. This land use is necessary for the health and safety of the residents and businesses of Huntington Beach. The height of the surge tower is necessary to accommodate the increased wastewater treatment capacity necessitated by current and projected population increases. Any land use in an identical zoning 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. 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. Other industrial uses in the MI-A zoning classification can operate optimally because their successful operation is not determined solely by their ability to directly accommodate population increases. 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 the capacity to function at a level which meets these needs. As the population grows, the waste treatment capacity must also increase. The height of the surge tower is determined by the capacity of the treatment plant. Granting a variance from the height restrictions will enable the Treatment Plant to continue to provide the service it was 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 and is consistent with the General Plan. The granting of a variance will enhance the public welfare because it ensures that the County Sanitation Districts of Orange County can provide adequate wastewater treatment service which is necessary for the health and safety of the residents and businesses of Huntington Beach. PC Minutes-4/9/96 6 (p=049) li-R-AFT CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 95-39/ VARIANCE NO. 95-32: 1. The site plan, floor plans, and elevations received and dated November 13, 1995 for the surge tower and December 12, 1995 for the pump station shall be the conceptually approved layout. 2. The County Sanitation Districts of Orange County shall work with the Department of Public Works to augment and modify the landscape plans dated February 15, 1996. The Department of Public Works shall submit suggested modifications to Drawings No. L101 and L102 within 30 days of this approval. The County Sanitation Districts of Orange County and the City of Huntington Beach shall work cooperatively in an effort to improve the visual appearance'of the plant as viewed from Pacific Coast Highway. The revised landscape plans shall be submitted to the Planning Commission for final review and approval (non-public hearing item) prior to commencing construction of the pump station and surge tower. The landscape plans shall also include the following: a. Additional landscaping between the proposed pump station and the blockwall. along Brookhurst Street. The plant material shall be of sufficient height at maturity to effectively screen the portion of the proposed pump station that will extend above the existing blockwall and shall be installed within the one month of completion of the pump station. b. Additional landscaping along the Pacific Coast Highway side of the facility shall be provided and shall include vines on the wall and trees, such as eucalyptus, which will effectively shield views from Pacific Coast Highway. c. A phasing plan identifying timing for landscape improvements to be completed over the next two years in conjunction with construction of the surge tower and pump station. (PW) 3. The County Sanitation Districts of Orange County shall include an urban design element in the Phase II strategic plan. The strategic plan shall be prepared by the applicant with active participation from the City of Huntington Beach Public Works staff to develop a mutually acceptable urban design element of a strategic plan. The urban design element shall address, but not be limited to, the following items: a. Landscaping b. Murals c. Interim Land Uses d. Facility Siting e. Community Education f. Architectural Features PC Minutes-4/9/96 7 (pcm049) 4. Prior to construction, the applicant shall comply with the following: - a. A flood-proofing certificate shall be provided to the Planning Division. b. Submit drawings for the proposed water system improvements to the Water Division for review and approval. All water system improvements shall be designed and installed per the City of Huntington Beach Water Division's Standard Plans, Specifications and Design Criteria. (PW) 5. The use shall comply with the following: a. Insure that the water system is capable of meeting the required fire flow of 2500 GPM. (FD) b. The proposed water system improvements shall conform to the State Department of Health Services California Code of Regulations, Title 17, including Section 7603 titled "Location of Backflow Preventers, subsection (a); "Air-gap Separation." The water service lateral between the property line and the air-gap tank shall be located a minimum of six (6) inches above ground and painted ' medium blue, Dunn-Edwards No. 10-1-VF51652, with white stenciling. The stenciling shall appear on both sides of the pipe with the marking"City Potable Water" in one-inch letters repeated every 24 inches. (PW) c. If the meters are not to be located in the public right-of-way, the applicant shall be responsible for the preparation and execution of all utility easements/agreements required by the City granting the City the same rights and privileges as if the meters were located in the public right-of-way. These rights and privileges shall include (but are not limited to) 24 hour access, maintenance and testing. The City shall be responsible for the ownership and maintenance of the water facilities/ appurtenances between the mainline and up to and including the meter assembly. (PW) d. The water system design shall include appropriate water hammer protection, consistent with documented civil engineering industry practices, and acceptable to the Water Division. (PW) e. The project shall be served by a minimum of one (1)water service connection from the sixteen inch water main in Brookhurst Street. The service connection shall not be joined together on the"public" side of the meter. (PW) f. All existing water services shall be abandoned at the water main per City of Huntington Beach Water Division's Standard Plans and Specifications prior to the City's final acceptance of the proposed water system improvements. This includes any irrigation services currently serving the site. (PW) PC Minutes-4/9/96 8 (pcm049) DRAFT g. The landscape areas shall be maintained in a neat and clean manner. h. Note on plans: Fire extinguishers shall be provided and located in areas to comply with the Huntington Beach Fire Code Standards, 6. The Planning Commission shall be notified in writing if any changes in structure height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process. The Planning Commission reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. 7. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 2. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 3. The applicant shall obtain an encroachment permit for work done in the public right- of-way. 4. Landscaping shall comply with Section 9607 of the Huntington Beach Ordinance Code. 5. The Planning Commission reserves the right to revoke Coastal Development Permit No. 95-39/ Variance No. 95-32 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. 6. Coastal Development Permit No. 95-39/Variance No. 95-32 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant.to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. PC Minutes-4/9/96 9 (pcm049) ?AF' F B-2 CONDITIONAL USE PERMIT NO. 95-84 WITH SPECIAL PEWMITS/ COASTAL DEVELOPMENT PERMIT NO. 95-25/NEGATIVE DECLARATION NO 95-11 (STANDARD MARKET): APPLICANT: Mohommed and Adel LOCATION: 126 Main Street (southeast corner of Main Street and Walnut Avenue). PROJECT PLANNER: Susan Pierce Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25 represent a request to demolish a historic structure built in 1928 and construct a 9,475 square foot two-story commercial building with special permits for waivers from code required alley dedication, rear yard setback, and build-to line on Main Street and on Walnut Avenue. The applicant also requests participation in the in-lieu parking fee program. The proposed Mediterranean designed building will consist of approximately 4,584 square foot restaurant area and 4,890 square foot retail commercial area. Parking will be provided pursuant to the Downtown Parking Master Plan and payment of in-lieu parking fees. STAFF RECOMMENDATION: Staff recommends approval of the project with modifications that delete and/or modify the special permit requests based upon the following: • The project layout with modifications will create a better development, be consistent with the intent of the Downtown Specific Plan. • The proposed project with modifications will reduce the canyon effect along Main Street, provide additional view, light, and air corridors, and improve the pedestrian scale of the building. • Outdoor opportunities to encourage pedestrian activity will be provided. Parking will be provided via the Parking Master Plan and payment of in-lieu parking fees at full cost recovery. • The proposed building uses will be compatible with.the Visitor Serving Commercial land use designation of the General Plan and surrounding land uses. THE PUBLIC HEARING WAS OPENED. Harry Monck, 211-B Main Street, project designer,-stated that based on the variations within the City, the project conforms with the overall intent of the standards. He stated that since this is a 50 foot lot and very narrow, staff s recommended changes would create a bad design. He urged approval of the request as submitted by the applicant. PC Minutes-4/9/96 10 (p=049) Richard Harlow, 211-B Main Street, representing applicant, stated that the current building occupies 100% of the site. He said the proposed request will construct a building of lesser site coverage and rid the City of an eyesore. He stated that he disagrees with the staff regarding the denial of the special permits. He stated that the new building would be attractive and enhance the downtown area and urged the Commission to approve the request as submitted by the applicant. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission concurred with denial of Special Permit No. 1, but stated their support for Special Permits Nos. 2, 3, & 4. A MOTION WAS MADE BY LIVENGOOD, SECOND BY BIDDLE TO APPROVE NEGATIVE DECLARATION NO. 95-11, BY THE FOLLOWING VOTE: AYES: Holden,Livengood,Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECOND BY HOLDEN, TO APPROVAL CONDITIONAL USE PERMIT WITH SPECIAL PERMITS NOS. 29 3, &c 49 AND COASTAL DEVELOPMENT PERMIT NO. 95-25 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED PC Minutes-4/9/96 11 (pcm049) DRAFT FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 95- 84: 1. The establishment, maintenance and operation of a 9,475 sq.ft. two story building will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because a. The project layout is consistent with the intent of the Downtown Specific Plan. b. Parking will be provided by the Downtown Parking Master Plan and payment of in-lieu parking fees. c. The project is consistent with the Visitor Serving Commercial land use designation of the General Plan. 2. Conditional Use Permit No. 95-84 with Special Permits for a 9,475 sq.ft. two story building will be compatible with surrounding uses because a. Views will not be blocked and light and air corridors will be provided. b. The proposed project will improve the appearance of a visual degraded site with the construction of a building of Mediterranean design, the established design theme for the area. 3. Conditional Use Permit No. 95-84 with Special Permits for the proposed 9,475 sq. ft., two-story building will comply with the provisions of the base district, which is Downtown Specific Plan District 3, applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, and any specific condition required for the proposed use in the district in which it would be located. 4. The granting of the conditional use permit with special permits for a 9,475 sq.ft. two story building will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Visitor Serving Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Ensure commercial development that is economically viable, attractive, well related to other land uses, and satisfies the needs of the City's residents. b. Promote the development of services and facilities to support a tourist industry. c. Protect, encourage, and where feasible, provide visitor serving facilities in the coastal zone which are varied in type and price. d. Preserve and enhance visual resources within the coastal zone. PC Minutes-4/9/96 12 (pcm049) jiF" FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits were approved: a) zero rear yard setback in lieu of minimum three feet; b) two foot setback for the first floor and zero setback for the second floor on.Main Street in lieu of 5 feet"build-to" line (setback); c) half of the building first and second floors on Walnut Avenue at a zero setback in lieu of 5 foot "build-to" line; and d) a three foot setback for the second floor adjacent to Walnut Avenue, in lieu of five foot "build-to" line;(setback), promote a better urban environment. There are significantly greater benefits from the project to be provided than would occur if all the minimum requirements were met. The special permits allow a larger second floor deck area. 2. The special permits provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design. The varying setbacks provide for more variation in building facades and are compatible with surrounding developments. 3. The special permits are consistent with objectives of the DTSP in achieving a development adapted to the terrain and compatible with the surrounding environment. The project provides setbacks compatible with construction in the vicinity. FINDING FOR DENIAL- SPECIAL PERMIT 1. The special permit for waiver of 4.5 foot alley dedication was denied because it does not promote a better urban environment. The existing alley constrains vehicular activity associated with fire and police safety, deliveries, and trash collection. FINDINGS FOR APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 95-25: 1. The development project conforms with the General Plan, including the Local Coastal Program and will not impact public views or access. 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. The proposed development as modified by conditions of approval will conform to all applicable city codes, as modified by the special permits. ' 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. Infrastructure currently exists to the site and will be modified to conform to the City's current standards and specifications. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. PC Minutes-4/9/96 13 (p=049) DRA17T CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 95-84/ COASTAL DEVELOPMENT PERMIT NO. 95-25: 1. The site plan, floor plans, and elevations received and dated January 17, 1996, shall be revised to reflect the following modifications: a. A 4.5 foot alley dedication shall be provided. b. A plaque shall be incorporated into the building design identifying the historic significance of the of the site. c. Reduce the width of the columns to minimize their interference with the building. d. Main Street and Walnut Avenue elevations shall be revised to the satisfaction of the Community Development Department to include area(s) to accommodate signage. e. The pavement treatment (stamped concrete) shall extend along Main Street and Walnut Avenue frontages to the property line except in areas designed for landscaping. 2. Prior to submittal for building permits, the following shall be completed: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. c. Elevations shall depict colors and building materials proposed and as approved by the Design Review Board. d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. PC Minutes-4/9/96 14 (pcm049) ]RAi - ai f. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. The Design Review Board and the Community Development Department shall review and approve the following: (1) Revised site plan and elevations as modified pursuant to Condition No. 1. (2) Historical plaque language and placement. (3) Planned Sign Program. h. Maximum separation between building wall and the southwesterly property line shall not exceed two (2) inches. i. The reference page for the working drawings for building, plumbing, electrical, and mechanical permits shall include all conditions of approval imposed on the project printed verbatim. j. Fire Department requirements shall be noted on the building plans: 1) A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the fire Department prior to installation. The system will provide the following: a) water flow, valve tamper and trouble detection and b) 24 hour supervision. (FD) 2) Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and UBC standards. Shop drawings will be submitted to and approved by the Fire Department. (FD) 3) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 4) Elevators will be sized to accommodate an ambulance gurney minimum six (6) foot, eight (8) inches wide by four (4) foot, three (3) inches deep with minimum 42 inch opening. (FD) PC Minutes-4/9/96 15 (p=049) 5) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of ten (10) inches with a brush stroke of one and one-half(1-1/2) inches. (FD) 6) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) 7) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification 9422 and 4431 for the abandonment of oil wells and site restoration. (FD) 8) The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification#429 for new construction within the methane gas overlay districts. (FD) 3. Prior to issuance of demolition permit and/or grading permit, the following shall be completed: a. An adequate monitoring and/or bonding program shall be established to ensure that demolition and construction vibration impacts to not adversely affect off-site structures. (Mitigation Measure) b. The applicant shall complete comprehensive documentation of the project as it currently exists. The documentation shall be in accordance with standards established by the Historical American Buildings Survey/Historical American Engineering Records (HABS/HAER). The report shall be submitted to the City and archivally maintained with provisions for public access. The costs associated with preparation of the documentation shall be the responsibility of the property owner; maintenance costs shall be the responsibility of the City. (Mitigation Measure) c. The applicant shall provide 45 days written notice to the City of Huntington Beach Historic Resources Board informing them of such activity. The Board may relocate, fully document and/or preserve significant architectural elements. The applicant/property owner shall not incur any costs associated with moving or documenting the structure by the Board. (Mitigation Measure) d. Any hazardous substances contained on the site shall be identified and removed in compliance with City, State, and Federal standards. (Mitigation Measure) PC Minutes-4/9/96 16 (pcm049) e. Any asbestos contained on-site or in the existing structure shall be identified and removed in compliance with City, State, and Federal standards, including an asbestos abatement program to be reviewed and approved by the Building Official. (Mitigation Measure) 4. Prior to issuance of building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Department of Public Works. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect indicating all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with the Downtown Specific Plan, Downtown Design Guidelines, and Chapter 231 of the Zoning and Subdivision Ordinance. The set must be approved by the Public Works Department and the Community Development Department. (PW) c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit).. (This.plan, in addition to grading, shall include all of the required off-site requirements.) (PW) d. The existing catch basin on Walnut Avenue shall be modified to conform with Standard Plan No. 302, including installation of a 3/4 inch galvanized protection bars per Standard Plan No. 301. (PW) e. A grease trap, maintained by the owner, shall be installed at a location approved by the Public Works Department. (PW) f. The developer shall install new six (6) inch sewer lateral located in the alley. (PW) g. The developer shall submit a separate utility plan, showing water service connections to the proposed building in accordance with applicable U.P.C., City Ordinances, Public Works Standards and Water Division Design Criteria. These plans shall be approved, prior to any construction, by the Public Works Water Division and the City of Huntington Beach Fire Department. (PW) h. The proposed building shall have a separate two (2) inch minimum domestic water service with backflow protection, and a four(4) inch minimum fire service assembly per Water Division Standard Plan No's. 603B, 609 and 618 respectively. Both the domestic water service and fire service assembly shall be served by the existing eight (8) inch water main located within Walnut Avenue. (PW) PC Minutes-4/9/96 17 (p=049) DRAFT i. The water system shall be designed and installed per the City of Huntington Beach Water Division's Design Criteria, Standards Plans and Specifications. (PW) j. The existing water service located within the alley shall be abandoned, at the main, per Water Division Specifications. (PW) k. The developer shall provide adequate screening of the proposed backflow prevention devices for both the domestic water service and the fire service assembly. Both backflow devices shall be painted to match the surrounding aesthetics. The markings, indicating the size, model number and serial number, shall be permanently affixed to the body of the backflow device and must remain visible after painting. The location of the backflow device shall be approved by the Water Division, Planning Division, and the City Landscape Architect prior to installation. (PW) (Mitigation Measure) 1. All existing overhead utilities shall be installed underground. (PW) (Mitigation Measure) m. The applicant shall file a parcel map to consolidate Lots 26 and 28 Block I0j,of the Huntington Beach Tract. The parcel map shall be recorded with the Orange County Recorder and a copy of the recorded map filed with the Department of Community Development. n. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. o. A planned sign program shall be submitted and approved for all signage. Said program shall be approved prior to the first sign request. p. The property owner shall dedicate 4.5 feet along the rear property line (alley) and 4.0 feet along the front property line (Main Street). q. Participation in the in-lieu parking fee program shall require a Declaration from the property owner. Said declaration shall indicate the total number of parking spaces required and the amount of spaces to be provided by payment of in-lieu fees. A copy of the legal instrument shall be approved by the City Attorney as to form and content and when approved, shall be recorded in the Office of the Orange County Recorder. A copy of the recorded declaration shall be filed with the Department of Community Development. (Resolution Nos. 6720 and 6721) PC Minutes -4/9/96 18 (p=049) D R- A r. Participation in the in-lieu parking fee program shall require payment by the property owner at full cost recovery paid by the applicant. s. If the property owner elects to pay the in-lieu parking fee in installments, a lien in favor of the City shall be recorded on the property and first year payment shall be submitted to the Department of Community Development. 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); and e. Discontinue construction during second stage smog alerts. 6. Prior to final approval of the building permit (or issuance of a Certificate of Occupancy), the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including:landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. d. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. e. The existing alley shall be widened in conformance with Public Works Standards. f. The existing sidewalk, curb, and gutter on Walnut Avenue shall be removed and replaced in conformance with Public Works standards. 7. This conditional use permit and coastal development permit shall not become effective until Local Coastal Program Amendment No. 95-1 incorporating Precise Plan of Street Alignment No. 94-1, has been approved by the California Coastal Commission. PC Minutes-4/9l96 19 (p=049) DRAFT INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. All applicable Public Works fees shall be paid. (PW) 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. (PW) 3. An encroachment permit shall be required for all work within the City right-of-way. (PW) 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 5. Construction activities shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. A conditional use permit is required prior to the sale of alcoholic beverages pursuant to the code. 7. A conditional use permit is required prior to commencement of live entertainment or outdoor dining pursuant to the code. 8. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25, pursuant to a public hearing, if any violation of these conditions, the Huntington Beach Zoning and Subdivision Ordinance, or Municipal Code occurs. 9. Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. PC Minutes-4/9/96 20 (pcm049) DRAF C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED MARCH 26, 1996 A MOTION WAS MADE BY SPEAKER, SECOND BY HOLDEN TO APPROVE THE PLANNING COMMISSION MINUTES DATED MARCH 26, 1996, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins,Biddle, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Livengood- asked staff to include in the Planning Commission Workshop on April 19, 1996, topics to cover which entitlements go to the Zoning Administrator and which to the Planning Commission. He also asked to include when and why an applicant would be required to underground utility poles and the estimated costs. Commissioner Biddle- stated that he and Commissioner Speaker had been appointed to the Housing Element Sub-Committee and would be reporting on its progress. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director- restated actions taken at the April 8, 1996 City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner- discussed items for the April 23, 1996,Planning Commission meeting. PC Minutes-4/9/96 21 (p=049) G. ADJOURNMENT: Adjourn to the April 19, 1996, Planning Commission Workshop at 12:00 PM A MOTION WAS MADE BY BIDDLE, SECOND BY LIVENGOOD,_TO ADJOURN TO A 12:00 PM PLANNING COMMISSION WORKSHOP IN ROOM B-8 ON APRIL 19, 1996, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED /kjl APPROVED BY: Howard Zelefsky, Secretary Planning Commission Chairperson PC Minutes-4/9/96 22 (p=049) • Connie Brockway;City Clerk City of Huntington Beach .�._..,r .�...�. ,•.. __..� 'N �-c;l ur s.POSTAGE! Office of the City Clerk fS °yy T � a P.O. Box 190 / �Mt 1 1; I Huntington Beach, CA 92648 �'°'r°f°�'y,�aa" �,e( '�r �q,�tt° �^ A ''+(, l i' _.A., ' ,;� '� = ':' �' • '� �A ��i�i d '�d'4:.��W bIi':s4iY� '!� r +�I •`s .Y i (..i�Y- �O 7Jr-07/e/�� �0. 7✓�'�.�.J/ 1.� �� s�o � r. `!10• ��pNTINGTp�, \ =,rRR POR4lF 9 Q c0 LINTY ca LEGAL NOTICE - PUBLIC HEARING I ~''V Connie Brockway,City Clerk City of Huntington Beach j City Office Of the CI r #y F-�„dz t,• U.S.PosrA t"� 1�- ( P.O.Box 190 Huntington Beach,CA 92648 MAY 9 96 ., F. `Z ( 'rtitezcn- • 939-50-554 . j Marilyn M. Christensen !. tN6 ' 3140 Oak Rd. No. 208 yMCpflPOA,��� F I .. Walnut Creek CA 94596 t1 rY Ci-lR 1140 945963001 1395 OS l 1 i f 96 r ,•r. ciC FORWARDING TIME EXPIRED I; CI RISTENSEN'MARILYN . �., 9, •, Q 1676 5HXRLEY DR Or-NICIA CA. 94510 --a670 fit- c�UNTY GPI, RETURN TO SENDER LEGAL NOTICE - PUBLIC HEARING i 111;1,1111isAL211,1111»111,sills 11 Its 5„111111111111$111111 i [ , City of Huntington Beach P.O.BOX 190 CALIFORNU 92648 From the desk of. CONNIE BROCKWAY CITY CLERK (714)636-5227 c.(L7Uiv 40 N ' ��,, � Cif -- f-- i/�`��, Pu Slglgb � GGQQ/ NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE (O CITY OF HUNTINGTON BEACH t- b o ft x &s. s NOTICE IS HEREBY GIVEN that on Monday, May 20, 1996, at 7:00 PM in the City Council Chambers, 2000 Main Street,Huntington Beach,the City Council will hold a public hearing on the following items: ❑ 1.- COASTAL DEVELOPMENT PERMIT NO. 95-39/VARIANCE NO. 95-32 (SANITATION DISTRICT) (APPEAL): Applicant/Appellant: County Sanitation Districts of Orange County Request: An appeal of the Planning Commission's approval of Coastal Development Permit No. 95-39 and Variance No. 95-32 for a new 3,200 square foot pump station and the reconstruction of an existing hydraulic surge tower. The approval included a variance for an 86 foot high tower in lieu of maximum 40 foot height permitted by the code. The County Sanitation Districts of Orange County is appealing two(2) conditions of approval regarding landscaping of the site and City participation in a facilities master plan for the treatment plant. Location: 22212 Brookhurst (approximately 2,200 feet north of Pacific Coast Highway, adjacent to the Santa Ana River). Project Planner: Mary Beth Broeren 2. CONDITIONAL USE PERMIT NO.95-84 WITH SPECIAL PERMITS/COASTAL DEVELOPMENT PERMIT NO. 95-25/NEGATIVE DECLARATION NO. 95-25 (STANDARD MARKET) (APPEAL): Applicant: Richard A.Harlow Appellant: Mayor Dave Sullivan Request: To construct a 9,475 square foot,two-story commercial building with special permits for waivers from alley dedication,rear yard setback, and build-to line on Main Street and on Walnut Avenue; and participation in the in-lieu parking fee program. Location: 126 Main Street(southeast corner of Main Street and Walnut Avenue). Project Planner: Susan Pierce NOTICE IS HEREBY GIVEN that Item(s)# 1 is covered by Environmental Impact Report State Clearing House No. 88012008 certified by the Board of Directors County Sanitation Districts of Orange County in June, 1989 and Supplement No. 3 to the Environmental Impact Report certified by the Board of Directors County Sanitation Districts of Orange County in January, 1995. NOTICE IS HEREBY GIVEN that Item(s)# 1 is located in the appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 95-39, filed on November 13, 1995, in conjunction with the above request. NOTICE IS HEREBY GIVEN that Item(s)#2 is located in the non-appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 95-25, filed on September 18, 1995, in conjunction with the above request. NOTICE IS HEREBY GIVEN that initial environmental assessments for the above items were processed and completed in accordance with the California Quality Act. It was determined that Item(s)#2,with mitigation,would not have any significant environmental effects and that a mitigated negative declaration is warranted. Prior to acting on the appeal,the City Council must review and act on the negative declaration. These environmental assessments are on file at the City of Huntington Beach Community Development Department, 2000 Main Street,and are available for public inspection and comment by contacting the Community Development Department, or by telephoning(714) 536-5271. (cctgto520) NOTICE IS HEREBY GIVEN that the Coastal Development Permit hearing consists of a staff report, public hearing, City Council discussion and action. Item(s)#2 is not appealable to the California Coastal Commission. Item(s)# 1 may be appealed to the Coastal Commission, 245 W. Broadway, Suite 380,Long Beach, CA 90801-1450, following City Council action or unless Title 14, Section 13573 of the California Administrative Code is applicable. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after May 16, 1996. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence " for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at,or prior to,the public hearing. If there are any further questions please call the Planning Division at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street,2nd Floor Huntington Beach, California 92648 (714)536-5227 i (cctgto520) 024-147-05 024-147-08 024-147-09 William G. Gallegos Beach Redevelopment Agenc Susan D. Newman tve/Z 210 5th St . 2000 Main St . 16835 Algonquin St . .M p. Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92649 024-147-14 024-147-15 024-147-23 Douglas M. S. Langevin Pico Ptshp Lovi Pauline. Marie Huggins 8196 Pawtucket Dr. 347 N. La Jolla Ave. P.O. Box 723 Huntington Bh CA 92646 Los Angeles CA 90048 Huntington Bh CA 92648 024-147-25 024-147-28 024-147-29 ' Richard A. Harlow Marjorie T. Decker Beach Redevelopment Agen 1742 Main St . 8877 Lauderdale Ct . 2000 Main St . Huntington Bh CA 92648 Huntington Bh CA 92646 Huntington Bh CA 92648 024-147-30 024-147-31 024-147-33 William G. Gallegos City of Huntington Beach City of Huntington Beach 210 5th St . P.O. Box 190 2000 Main St . Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 024-147-34 024-14 -35 024-1 7-36 Redevelopment Agency of Ci Taylor mi Trust Coast e alties Projec 2000 Main St . 220 Via S Remo 633 E. man Ave. Huntington Bh CA 92648 Newport ea h CA 92663 Orang CA- 666. 024-147-37 024-147-38 024-153-01 Gary Hatch Becky Su Ju Chen Redevelopment Agency of P.O. Box 3046 209 Main St. 2000 Main St . Parker AZ 85344 Huntington Bh CA 92648 Huntington Bh CA 92648 024-153-02 024-153-03 024-153-04 Redevelopment Agency of Ci Redevelopment Agency of C Victoria Jean Lane 2000 Main St . 2000 Main St. 637 Frankfort Ave. Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 024-153-05 024-153-07 024-1 3-1 Ronald A. Mase Gary V. Mulligan Redeve ment Agency Cit 336 Colton St . 221 Main St. No. 6 2000 a'n St . Newport Beach CA 92663 Huntington Bh CA 92648 Hun ingt n Bh CA 92648 024-153-11 024-153-16 024-153-17 Eldon Willard Bagstad Redevelopment Agency of C George E. Draper 901 Catalina Ave. 2000 Main St . 121 Main St . Seal Beach CA 90740 Huntington Bh CA 92648 Huntington Bh CA 92648 024-153-18 024-153-21 024-153-23 Frank Alfonso Redevelopment Agency City Abdelmuti Development Co 6630 Vickiview Dr. 2000 Main St . 101 Main St . Canoga Park CA 9.1307 Huntington Bh CA 92648, Huntington Bh CA 92648 ---------------- - — --- 024-154-01 024-154-02 024-154-03 Adel Mustafa Zeidan q31 Helene K. Goodman Morning Jade Corporation 200 Pacific Coast HWY No. 17032 Palmdale St . 11642 Pine St . Huntington Bh CA 92648 Huntington Bh CA 92647 Los Alamitos CA 90720 024-154-04 ' 024-154-17 024-165-11 ' William Enright Ox Pierside Corporation Steven Jay Felli ' 10105 E. Via Linda No. 103 350 S. Figueroa St . No. 6 1877 Nueva Vista Dr. Scottsdale AZ 85258 Los Angeles CA 90071 La Habra CA 90631 I 024-165-12 024-165-13 024-165-14 HSUEH Ronald Bernard Mason Patrick Gleason 7111 Stonewood Dr. 825 12Th St . 214 Walnut Ave. Huntington Bh CA 92647 Huntington Bh CA 92648 Huntington Bh CA 92648 024-165-15 024-165-16 937-19-232 James A. -Lukash Bernard Mason City of Huntington Beach 216 Walnut Ave. 825 12Th St. 2000 Main St . Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 937-19-233 939-50-510 939-50-511 Robert J. Koury Carol Ann Grosz _Alol Setsuko Nogami I P.O. Box 65176 200 Pacific Coast HWY No. 61 N. Golden West Ave. Los Angeles CA 90065 Huntington Bh CA 92648 Arcadia CA 91007 i 939-50-512 939-50-513 939-50-514 Michael Ming-Ping Tsai Louis Nemeth Jaime M. Bohnke CV 1878 Calle La Paz 19721 Waterbury Lane 200 Pacific Coast HWY No Rowland Hghts CA 91748 Huntington Bh CA 92646 Huntington Bh CA 92648 i 939-50-515 939-50-516 _939-50-517 Wolfgang Haubold lQo Rudy J. Sanchez /OJ Francisco R. Fabregas 200 Pacific Coast HWY No. 200 Pacific Coast HWY No. 18401 Hampton Ct . Huntington Bh CA 92648 Huntington Bh CA 92648 Northridge CA 91326 939-50-518 939-50-519 939-50-520 Colin Wittke l0y Peter J. Cagney !B_�� Mario Ricciardi 200 Pacific Coast HWY No. 210 W. Temple St . No. 1-6- 6210 Moonshadow P1 . Huntington Bh CA 92648 Los Angeles CA 90012 Alta Loma CA 91737 939-50-521 _ 939-50-522 939-50-523 Gorgen G. Youssefian David R. Bartlett Robert A. Drew 2530 Union Ave. 607 7th St . 200 Pacific Coast HWY/ i La Habra CA 90631 Huntington Bh CA 92648 Huntington Bh CA 92648 939-50-524 939-50-525 939-50-526 Elizabeth L. B. Schonfeld James R. Sorensen William Griffith 200 Pacific Coast HWY P.O. Box 39 806 S. Sapphire Lane Huntington Bh CA 92648 Byron CA 94514 Anaheim CA 92807 • 939-50-527 939-50-528 939-50-529 Thomas J. Cincotta Daniel T. O'Brien Richard Charles Micha i 200- Pacific Coast HWY fig. 200 Pacific Coast HWY AD. 200 Pacific Coast HWY/ie Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 939-50-530 939-50-531 939-50-532 -Mariano S . Cruz Donald Galitzen Fred J. Salazar 200 Pacific Coast HWY 19V. 9770 James River Cir 200 Pacific Coast HWY Huntington Bh CA 92648 Fountain Vly CA 92708 Huntington Bh CA 92648 939-50-533 939-50-534 939-50-535 Thomas S . Pollard Vidal E. Espeleta ��''cc Manouc Simsian 829 Beach Dr. 200 Pacific Coast HWYly . 927 Crescent Dr. Needles CA 92363 Huntington Bh CA 92648 Monrovia CA 91016 939-50-536 939-50-537 939-50-538 Jeffery M. Martin Paul C. Byrne De Ette Pier Inc 1885 Saragossa St . 6732 Alamitos Cir 61 N. Golden West Ave. Pomona CA 91768 Huntington Bh CA 92648 Arcadia CA 91007 939-50-539 939-50-540 939-50-541 Robert D. Redfearn Leonard Lee Bailey ! Timothy Kiyoshi Ogawa P.O. Box 169 1377 E. Citrus Ave. Pew-1 1519 Sandcastle Dr. Huntington Beach CA 92648 Redlands CA 92374 Corona D1 Mar CA 92625 939-50-542 939-50-543 939-50-544 Mitsuru Maemori Randolph C. Payne Shin-Ei U S A Inc 200 Pacific Coast HWY 200 Pacific Coast HWY Z�o. 61 N. Golden West Ave. Huntington Bh CA 92648 Huntington Bh CA 92648 Arcadia CA 91007 939-50-545 939-50-546 939-50-547 Steven Russell Chidester SZULGA Thomas K Michael R. Womack 9932 Saint Marys Cir 9018 Muller St. No. 2 200 Pacific Coast HWY AW Santa Ana CA 92705 Downey CA 90241 Huntington Bh CA 92648 939-50-548 939-50-549 - 939-50-550 Sebastian J. Calabro � Kenji Koishi David R. Bartlett 200 Pacific Coast HWY# . 61 N. Golden West Ave. 607 7th St . Huntington Bh CA 92648 Arcadia CA 91007 Huntington Bh CA 92648 939-50-551 939-50-552 llyyl. 939-50-553 David R. Bartlett J. E. Ash ' Shu Mei Tsai ,�j� 607 7th St . 200 Pacific Coast HWYI 200 Pacific Coast HWY/1W Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 939-50-554 - 939-50-555 939-50-556 Marilyn M. Christensen Deal Rite Inc J Che-Cherng Lee — 3140 Oak Rd. No. 208 1905 S. Eastern Ave. 4116 Rosemead Blvd. Walnut Creek CA 94596 Las-- Vegas NV 89104 Rosemead CA 91770 - -- ----------------- - C Z),P 95--d.S 939-50-557 939-50-558 939-50-559 Janet N. Outlaw Harold Yada Anthony T. Lee .200 Pacific Coast HWY/" 8855 Atlanta Ave. 18422 Villa Dr. Huntington Bh CA 92648 Huntington Bh CA 92646 Villa Park CA 92667 '939-50-560 - 939-50-561 939-50-562 Y & Y Investment Hawaii In Soichiro Kawase Ross W. Amspoker 61 N. Goldenwest Ave . 61 N. Golden West Ave. 36449 Tierra Subida Ave. Arcadia CA 91007 Arcadia CA 91007 Palmdale CA 93551 939-50-563 939-50-564 939-50-565 Southern California Federa William P. Lally E. Robert Heggtveit 15400 Sherman Way No. 300 200 Pacific Coast HWYoV(7.; 200 Pacific Coast HWYAIOVJ Van Nuys CA 91406 Huntington Bh CA 92648 Huntington Bh CA 92648 939-50-566 939-50-567 939-50-568 Emma Niznik Eric M. Yao Guilherme L. Farjalla 343 South Ave. No. 52 25 Warmspring 21776 Tahoe Lane Los Angeles CA 90045 Irvine CA 92714 Lake Forest CA 92630 939-50-569 _ .939-50-570 939-50-571 Takis Stathoulis Alfonso Ragus Llacuna Robert J. Robinson 9729 El Arco Dr. 321. N. Oakhurst Dr. 0-703 200 Pacific Coast HWY Whittier CA 90603 Beverly Hills CA 90210 Huntington Bh CA 92648 939-50-572 939-50-573 939-50-574 Marcel Blatter Shin-Ei (U S A) Inc Abigail Lubliner 930 Rainbow Dr. 61 N. Golden West Ave. 16390 Tudor Dr. Glendora CA 91741 Arcadia CA 91007 Encino CA 91436 939-50-575 939-50-576 939-50-577 Jacqueline Johnson Hazem I . Sabry Richar A. Miller 200 Pacific Coast HWY,;afO. 200 Pacific Coast HWY,3W. 7956 Painter Ave. -- Huntington Bh CA 92648 Huntington Bh CA 92648 Whittier CA 90602 939-50-578 939-50-579 939-50-580 James B. Lim — Hung Thai T.ran Chet Cox 1762 Sombrero Dr. 9842 Bolsa Ave. No. 201-B 2232 Chatsworth Ct . Monterey Park CA 91754 Westminster CA 92683 Henderson NV 89014 939-50-581 939-50-582 939-50-583 Rosalie M. Sher Masanori Koike ::ff-307 Lyla Bowen 200 Pacific Coast 200 Pacific Coast HWY t�b. 200 Pacific Coast HWY Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh .CA 92648 939-50-584 939-50-585 939-50-586 Maurice H. Gerard #3�� Craig Smith Laura L. Stout 200 Pacific Coast HWY Nw. 200 Pacific Coast HWY 200 Pacific Coast HWY. Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 CD P �S-ate 939-50-587 939-50-588 939-50-589 Edward E. Hahn Props Ba Katherine E: Biederman 242 S . Kathleen Lane P.O. Box 3609 200 Pacific Coast HWY . -Orange CA 92669 Los Angeles CA 90051 Huntington Bh CA 9.2648 '939-50-590 939-50-591 939-50-592 Mark A. Miller Scott W. Granger Jeffrey G. Holmes 200 Pacific Coast HWY N. 200 Pacific Coast HWYJ(f. 17000 Samar Dr. Huntington Bh CA 92648 Huntington Bh CA 92648 Costa Mesa CA 92626 939-50-593 939-50-594 939-50-595 Clay Griffin Epperson Hidetaka Nakamura Mamdouh Y. Khaled P.O. Box 11927 61 N. Golden West Ave. 612 N. 1st Ave. Costa Mesa CA 92627 Arcadia CA 91007 Arcadia CA 91006 939-50-59E 939-50-597 939-50-59-- as Irwin P. Ting Emc MTG Corp Justin Branson 200 Pacific Coast HWY 222 Las Colinas Blvd. W N 200 Pacific Coast HWY No Huntington Beach CA 92648 Irving TX 75039 Huntington Bh CA 92648 939-50-599 939-50-600 939-50-601 Shin-Ei U S A Inc Michael B. Nestor Sylvia Sue Mohundro 61 N. Golden West Ave. 200 Pacific Coast HWY No. 200 .Pacific Coast HWY Arcadia CA 91007 Huntington Bh CA 92648 Huntington Bh CA 92648 939-50-602 939-50-603 939-50-604 Randolph C. Payne Ernest Feld / Roger Dean Wilhelm 200 Pacific Coast HWY 200 Pacific Coast HWYA . 3179 Stonegate Dr. Huntington Bh CA 92648 Huntington Bh CA 92648 Alamo CA 94507 939-50-605 _ 939-50-606 939.-50-607 Koji Okachi Jack T. Parks Gary M. Lewis ����`` 61 N. Golden West Ave . 200 Pacific Coast HWY. 200 Pacific Coast HWY-v& Arcadia CA 91007 Huntington Bh CA 92648 Huntington Bh CA 92648 939-50-608 939-50-609 939-50-610 Clifford P. Matican Jung J. Cho Bernard Senkowski 200 Pacific Coast HWY_210 200 Pacific Coast HWY 1116 Kendal Ct . Huntington Beach CA 92648 Huntington Bh CA 92648 San Jose CA 95120 939-50-611 — 939-50-612 939-50-613 Swaminathan Ramanathan Robert P. Bryant Paul H. Strain 17263 Citronia St . 200 Pacific Coast HWY 5029 Pedley Rd. Northridge CA 91325 Huntington Bh CA 92648 Riverside CA 92509 939-50-614 939-50-615 - 939-50-616 Donald B. Peterson Mohammed M. Zeidan Jeffrey A. Droessler 200 Pacific Coast HWYffa. 200 Pacific Coast HWY 200 Pacific Coast HWY Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 -- 939-50-617 939-50-618 939-50-619 Kotaro Suzuki Shin-Ei Usa Inc Louis S . Chavez 1812 Alpha St . 61 N. Golden West Ave. 1267 W. Kildare St . .S Pasadena CA 91030 Arcadia CA 91007 Lancaster CA 93534 •939-50-620 939-50-62i 939-50-622 Gene V. Iansiti Jean A. Perrin �frj Mario James Ricciardi 200 Pacific Coast HWY 7x. 200 Pacific Coast HWY 6210 Moonshadow Pl . Huntington Bh CA 92648 Huntington Bh CA 92648 Alta Loma CA 91737 939-50-623 939-50-624 939-50-625 Hien Duc Tran Robin C. Adair 16� Bianca Florence Holwerda 200 Pacific Coast HWY9. 200 Pacific Coast HWY46J. 200 Pacific Coast HWY� Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 939-50-626 939-50-627 939-50-628 Thomas E. 'Mc Cann Gamini Gunawardane Mike Seif 200 Pacific Coast HWYIW. 937 Finnell Way 1702 Winding Way Huntington Bh CA 92648 Placentia CA 92670 Pasadena CA 91107 939-50-629 939-50-630 939-50-631 . Roy C. Harris Adel Zeidan Lh Leslie Pinchuk 200 Pacific Coast HWY 200 Pacific Coast HWY .: 11425 Dona Evita Dr. Huntington Bh CA 92648 Huntington Bh CA 92648 Studio City CA 91604 939-50-632 939-50-633 939-50-634 Robert Lan Joy Emiko Mark 99 John Montagueq 200 Pacific Coast HWY/Brqr. : 200 Pacific Coast HWY No. 200 Pacific Coast HWY DIG. Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 939-50-635 -939-50-636 939-50-637 Samuel N. Reyes N17 Theresa D. Mc Kinnon Janet B. Delaney 4436 200 Pacific Coast HWY No. 8444 Albia St . 200 Pacific Coast HWY Dirt Huntington Bh CA 92648 Downey CA 90242 Huntington Bh CA 92648 — 939-50-638 939-50-639 Norman Rosenblatt Evedna Threinen Sys 4808 La Villa Marina No. G 200 Pacific Coast HWY No. M5 Marina D1 Rey CA 90292 Huntington Bh CA 92648 Thorha5 �'• Ga ver/y 5s3 Te.��e /A'A D.. La9aN�{ t3c•r1. Gfl 9y�� LAP PUBLIC HEARING NOTIFICATION CHECKLIST"B" MAILING LABELS - 4/3/95 President 1 Huntington H bor PO 10 Edna Li ebury 17. H.B. Chamber of Commerce P. O. Box 791 Golden St. ob. m. Owners Leag. 2210 Main Street,Suite 200 Sunset Beach,C 742 11021 Ma is Blvd. Huntington Beach,CA 92648 Garden G ve,CA 92642 Judy Legan 2 Pacific Co XArch ological 18 H.B./F.V. Board of Realtors Society,Inc8101 Slater Ave. P.O. Box 10Huntington Beach,CA 92647 Costa Mesa2627 Attn:Jane Gothold Preside)De 3 R� � County of O ge/E 19 4 Michael M. Rua Din Amigoso a Chica �� �912 P. O. Bo '-21 P.O. Box 404Huntinge h,CA 92605 Santa Ana, A02 Char, ha is G t 4 Mr.Tom Zanic 12 Planning Dep ment 19 Frien the HB Wetlands Seacliff Partners Orange CountySWA 2190 owa Lane 520 Broadway Ste. 100 P. O. Box 4048 Hu gt n Beach,CA 92646 Santa Monica,CA Santa Ana,C 27 2-4048 President 5 Pres.,H.B. Hist. Society 13 County o range/ 19 Huntington Beach Tomorrow C/O Newland House Museum Thomas Mat ew 411 6th St. 19820 Beach Blvd. P. O. Box 40 Huntington Beach,CA 92648 Huntington Beach,CA 92648 Santa Ana, A 92 902-4048 Julie Vande ost 6 Chairperson 14 County o ra e/EMA 19 BIA-OC Historical Resources Bd. Bob Fisher, 9 Executive Ci #10.0 Comm. Services Dept. P.O. Box 48 Irvine Ca 927 4- 734 2000 Main St. Santa A ,CA 92702-4048 Huntington Beach,CA 92648 Richard Spic 7 Council on in 15 Planning it 20 SCAG 1706 Orange e. City of Co esa 818 West 7th, Floor Huntington ea ,CA 92648 P. O. Bo 12 Los Angeles, A 90017 Costa Mesa,CA 92628-1200 E.T.I. Corral Xch, 8 Dominick ai o 16 Planningir. 21 Mary Bell Seacliff Home ners Assoc. City of Fou ai alley 20292 Eastw 6812 Scenic a Lane 10200 Slate ve. Huntington B 92646 Huntington Beach,CA 92648 Fountain V Ile ,CA 92708 i Tom Ryan,Environmental 9 Seacliff HOA 16 Planning ire for 22 Board Chairman Jeff Metzel City of We inster 8852 Luss Drive 19391 Shady bor Circle 8200 West 1 ster Blvd. Huntington Beach,CA 92646 Huntington ach CA 92648 Westminst r,CA 92683 g:lables\phnlbls C 95-°Z.s— t - PUBU HEARING NOTIFICATION CHECKLIST"B" MAILING LABELS - 4/3/95 • Planni Director 23 OC County arbo ,Beach 35 City of Sera Be and Parks D t. 211 Eight S P. O. Box 404 Seal Beac ,C 90740 Santa Ana, �702-4048 CA Coastal Commission 24 Ron Frazier 31 Cheryle B wni g 36 Theresa Henry Westminster Sc h 1 istrict Meadowla k ea 245 W. Broadway,Ste 380 14121 Cedarwoo venue 16771 Roos elt Lane Long Bch,CA 90802 Westminster CA 9 3 Huntingto B ach,CA 92649 California Coastal Commission 24 Patricia Ko h 32 Sally Gra am 36 South District Office HB Union h S ool Disrict Meadowla rea 245 W. Broadway No. 380 10251 Yorkto� Avenue 5161 Geld' Circle Long Beach,CA 92802-4458 Huntington B ac ,CA 92646 Hunting n Beach,CA 92649 Robert Joseph 25 David Hage 32 Caltrans stric 12 HB Union Hi chool district Koll Com a 37 2501 Pullm St. 10251 Yorkto 2213 Mai Street,Suite 32 Santa An ,CA 92705 Huntington ac ,CA 92646 Hunting n each,CA 92648 Director 26 Huntingto Beac Ma11 33 �?u�n-�au/.� �esicl±�►a,-�sSSac Local S d Wast Enf.Agy. Attn: Pat Rog s- aude c�o Lp�t Uhlre O.C. Heal C e Agency 7777 Edinger e. #300 czb f. P.O. Box�C<A Huntington B a CA 92647 ,Santa An 92702 '�^ ���G+� 9��8 New Growt Coordinator 27 CSA 33 �cvn � /�fP.Y�h!ltz�s ASSOC . Huntington B<aqost Office 730 El Camin ay#200y $ v� as rt6771 Warner Tustin CA 96 zoo Main sfre a�Huntingtoi CA 92647uH{�ny►�D�1 Marc Xer 28 Goldenw t Colle e 34Fountain Attn: Fred eElementaDistrict 15744 Golde est St.17210 O Huntington B a h CA 92647Fountain92708 Dr. Duane ish o 29 Country iew Estates HOA 35 HB City Elem ary School Dist. Carrie Th as PO Box 71 6642 Trotte rive Huntington each,CA 92626 Huntington e h CA 92648 Jerry Bu=lYnn'tary ,an 29 Country Vi w states HOA 35 HB City School Dist. Gerry Chap n 20451 Crai Lane 6742 Shire i le Huntingto Beach,CA 92648 Huntingt Beach CA 92648 e:1ab1es\phn1b1s CITY COUNCIL AND/OR REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: 4?Pe4 L— ' L�oi2.Ls��'ta l (�5c }�Gr,�i 1� � (�' ,�/t' 9 s DEPARTMENT: MEETING DATE: .15' -2 0 - 9 G CONTACT: 150.5 a rc �1l Lrc-G PHONE: X N/A YES NO Is the notice attached? Do the Heading and Closing of Notice reflect City Council (and/or Redevelopment Agency)hearing? ( ) (✓� ( ) Are the date, day and time of the public hearing correct? ( ) (✓j ( ) If an appeal, is the appellant's name included in the notice? If Coastal Development Permit, does the notice include appeal language? \ ( ) ( ) (✓j Is there an Environmental Status to be approved by Council? Is a map attached for publication? ( ) ( ) (✓f Is a larger ad required? Size Is the verification statement attached indicating the source and accuracy of the mailing list? ( ) ( ) (✓) Are the applicant's name and address part of the mailing labels? ( ) ( ) (✓j Are the appellant's name and address part of the mailing labels? If Coastal Development Permit, is the Coastal Commission part of the mailing labels? (✓� ( ) ( ) If Coastal Development Permit, are the Resident labels attached? N Is the,�6343 report attached? (Economic Development Dept. items only) Please complete the following: 1. Minimum days from publication to hearing date / V 2. Number of times to be published 3. Number of days between publications Xy�f} ay,City Clerk ,gton Beach :;.;ury -US.- City Clerk ,$ ' x 190 r MAY 9 96 s cam- a i i. f✓ ch,CA 92648 N f,x�•r et tG r++���n� s+ or I Z 1 I MEIEk'q9 3?9-5� a A p =0� - --- Elizabeth L. 200 Pacific Schon ejo TOy Huntin to ast H•Wy CA- r �' 9Z4 ca LEGAL'NOTICE -.PUBLIC HEARING ' • - - _ _ 11►l11111,11I11t,�,�111111�I�Illllll��l,l�tll,;lltttJtlt,illt�! Dx 190 #s S a s ach,CA 92648. a r'ivpp ar+na 8 E?n s I'wY. 9•g6. x �=� i�.� a `i< A I�, �,,�• = \ : S- CALIF r, MEiER- • a 39-S0 TO cr 842 8 ha .8,ra rfyBF Westminse Ave. N er CA 926g32p1_j`� LEGAL NOTICE=PUBLIC HEARING 1lltttt { t1 1 (1 j t IJ 11j 1t!! (t J1 1 r illlllilllllllliit(1(lll.11i '�1111(1�J1111t(il!(i�rllllliillt'{(+ Beach,CA 92648 l t! -A 6 1 E R + rr �. ..w Lull �Z.�rY t �Q100524 024-153_02 -/1O &64"o 2000 RedeMdinment Agenc INGTpy Runt • St . Y of � ln9ton Bh CA 92648• - TY LEGAL N - OTICE PUBLIC HEARING Alt �O py� 939 50-516 F,9 - J: Sanchez Rudy .No y 200 Pacific-Coast NO, Huntington Bh CA 926 4\ qqO LEGAL NOTICE PUBLIC HEARING ,,, f,,11„f„1il„_„11„11,i11,(3n,11,,,1i, 939_50 �,J y� Wolf, 515 �J ;.., F9� 200. PaC srRaubo1 ' J y Hunti [] iflc d sp nJ tQn Bh CA t j&pq ,o9y� OQ� 92 64 y` O LEGAL NOTICE- PUBLIC HEARING tieacn, CAA VZO40 _____ _ ?;sa t si 1 ,� r• a 7�� a ^t r C",s_ ( .: ! 1�> a ?4 iINGT 939-50-565 Oy�j E. Robert Heggtvei 08POR�lF of 200 Pacific Coast ra* - -�4 9y Huntington Bh CA 9 9�q,9 '•�9 ,� . vey ca LEGAL NOTICE - PUBLIC HEARING 1111,1�►191911�9�1��11��1,�1919�r�11�I I91k19l1111+11 loll' r M 7 E f E 4— • a m i �tiGTQ,�, 939-50-607 °�p•,Fo dF g Gary M. Lewis ! =_ 9� 200 Pacific Coast y Huntington_.Bh CA 924. 91�_ �E10 - '998• - Fe LEGAL NOTICE:°=,P.QBLIC HEARING .. - - 111�91111�1811.II111111111t1 � 1.11111 1111111i1111111111I t1 - ----- — City Cier— k `11 MAY 9 I<190 � r :h,CA 92648 c*a rp,a^+ p 4 y a'�ro a r :.E •t �.. - -- -- ---�.-..ce CALM —._ t ( a)QQ`•?� .> ..a tr 939-50-598 TO�fi Justin Branson eT 200 Pacific Coas • HWY 10 y Huntington Bh CA fi48gR rf�0�9 o OQ �t1► FO LEGAL NOTICE - PUBLIC HEARING . -11111.11111111 ml.-1191 title 11191111111111111911111111 way,City Clerk 'ington Beach Ci Clerk •_-�•• - _ .. .��o,•: ���=;.-�`=-==-._._.._.>>_....:, _ S ti•.. le ty _ a � U.S. iy.u 3ox 190 s :.�y -� v a each CA 92648 ca el a v r z Y Y„1 9 � CAL 1 ME i E - r:b 1 g7GC5�•.� �° t a„�f�SilfiiL'I��ii�i4i'i?'' .'�Uifi('''•i;: r ..; E / / iCiitl 5 G v - .. _ L./GC/ [`-•'��y -:�I 024- 65-11 p NGT - Ste en Jay Felli 187 Nueva_.V_ista Dr. y La Habra CA 906312 LEGAL NaTiCE- . "'WK -- - _ ------------ r y,City Clerk �� jton Beach 'ity Clerk ; RE ,. U.S. a, .190 r I MAY 9 96 ,h,CA 92648 r,r ev 41§V, n z a ro 0% a x .g r,r 4 f Aw/ aLFiCLi c$Z) dt'tA l [[MrfER`' CAL1F �� f 97GO52a .... t ;. ra eA 0 114 160 sk BAN E ' p 028 ut �..l04* d ort Beach CA 92 59 6 o OQ LEGAL NOTICE - PUBLIC HEARING 41 o . � � i Connie Brockway,City Clerk - City of Huntington Beach Office of the City Clerk y a T r y C�_ a s.=o,',rae P.O. Box 190 Huntington Beach CA 92648 f°"''" y► aA § t; 1 - 9 939-50-524 ~• Elizabeth L, 200 Pacific Schorr era MINGtpy Huntington B as HwY a - rk CP CA 8 .. �O `NcoePoa�rfc �F9 ��� -... � � __...._ tea...-------•O�P f R cpUNTY LEGAL NOTICE - PUBLIC HEARING f 1 I II lJP/11 11�li1��(7,!l11i1�11 11111i:1� 1i;1119111,1 ...If... ------- Connie Brockway,City Clerk _ Co _ I 1 City of Huntington Beach Office of the CityClerk r">* s sK ' a 1 0 MAY 9 � P.O. Box 9 Huntington Beach,CA 92648 CA L 939- i Wolfgang 5 0 Haubold INGTpy Hunt Pacific Coast H Oq�� ' �O _N'OPPOR4_0 �((� ngton Bh CA 9264- q� . 9y F cpUN TY Cad` BLIC HEAR ING LEGA L NOTICE PU II111,91111►II...i,.II,11111�111111111191,IIIIIll19111111l11�1 Connie Brockway,City Clerk City of Huntington Beach �� - �` �" � `�• �"'� _ �-���-;..�tilt Office of the City Clerk rjr. P.O. Box 190 :AY 9 e ;,ID r ; i•,, et 9^!.ui1�A•fir` 8i i9 m P`a RS a Pl 319 ��*•i:�`` 4 �•�.�r — `i 5 4+ Huntington Beach,CA 92648 fir; i C n•,E t r . Q ti �\ 0 p91� 939-50-516 INGTpy ud .J, Sanchez st No 9� 6 Eq RPCA,rfO 200 pacif icBh CA 926 /qF� >.` y HuntITI .ti BOUNTY ca LEGAL NOTICE - PUBLIC HEARING ,lf,l{,,,if,,,l1,1. Connie Brockway,City Clerk City of Huntington Beach "._'j— , ;. Office of the City Clerk ,f. .�• U.S.P,srac ,Y am P.O.Box 190 s 6 a = M c_: Huntington Beach,CA 92648 s� L yam: , ���;a� a's�> � -mod ): � v _.,_ __�--- ►.rev CA l 1 F. :.r:� l 0 5 2 4 4 sAo 09Y rJ24-153-02 - -------.. .__. _ `. Redevelo200n f 0 Mal P St t Agency of .C INGTp Huny� tingt°n Bh CA '92648 �. CZ) y I. yGF `fB,t 1909 Cp Cps t U NTY LEGAL NOTICE - PUBLIC HEARING _ .`�„� _=;�-x =-i fi,I,,,,1,I,if,„I„II►,1,„f,fl,9,l,ll„„I(,II,„If,,,,,lf,f Connie Brockway,City Clerk J City of Huntington Beach -.:..._._.:..::-.,:-.. :->:::. ... Office of the City Clerk IeD ,�; ;, ©F, y L.S.i'DST4G K�_� P.O.Box 190 MAY 9 6 Huntington Beach, CA 92648 r`e . .� —._—� ._._-�. CALIF l rGIOO`?� coo' —�f 939-50-598 TINGT Justin Branson eroq 0 ArrO F 200 PacificF'o _ 9 Coas ,IH . ray Huntington Bh CA fi48 z 9� �OUNTy ca LEGAL NOTICE - PUBLIC HEARING pp - :. .. „ti.-.�.. -:.--.�-...� -..:_.-..c...._:-''-_='--- -_..-� ..-_.- -_..... r. -._._.....�:..,. sue.,.-� -.<_.-. -_�:r--=-�^'-•"�,e��_ ""^�,.=,>^'ti:�,�se��. _ j Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 si MAY 9 95 Huntington Beach,CA 92648 •y-y z 4 �yy A-yy M At,{ j� �, j ' 'L� -e,: i METER-.• s ,� m L'AL%i' , a oil JO - INGTpy 939-50-607 iQ� =MC9NPON�rF ��` Gary M. Lewis E 200 Pacific Coast H An r`"s y Huntington.;Bh CA 92 •E° �° N °uNTy ca LEGAL NOTIC,E'=:P:UBLIC HEARING : .. -- ....._- .__-... ........ _ _...._... :.: .. _ _. .-. •. - a .. ..---_ .ems ..-_ .. ._ ._. .-._._--'�_._-..._-.... � Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk s r. w: a x `� G U.S.U.s �osrac,� P.O. Box 190 f.. _ Huntington Beach,CA 92648 <� „, , , „ MAY 9 96 ellFib •�') TINGT 939-50-565 O��VH Oy E. Robert Heggtvei `MCoavoeljEo �F : 200 Pacific Coast r°4y Huntington Bh CA 9 A FOOUNTY �P`\` LEGAL NOTICE — PUBLIC HEARING �t . '1I1 U 1111,'.11111tilsill111111l11111111 1141111121111gill Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk 3'; P.O.Box190 <�. ' 'a.wwvRT � :1 r MAY 9 -goy Huntington Beach CA 92648 � 1`�`� ry e� ;,i ,�► r ,r, eme'eC {M`. ti R .-+ ' a 1 r 9 7 G i F k t' 110 * t; — —,w CALIF �_} q T 'IrSU!15 024.- 65-11 ��NTINGTpy Ste en Jay Felli `NCOR/OR,fFo �F .:. 187 .- Nueva...V_ista Dr. .. La Habra CA 90631 j — y LEGAL NOTICE; _ Connie Brockway,City Clerk City of Huntington Beach y. F' Office of the City Clerk 6S gyp' � � - ___._ �•'- P.O.Box 190 s MAY 9'96 - Huntington Beach,CA 921i48 '7'�' `� ' CA L 1 F L�.=ems' { U„E 2 a s vR b17�0D s lY/ S o. 939_ - _ - Huns Thai l _ ---- ........ ... 9gg2 Tran �HTINGTp West.j., . Ave fy Fq luster CA 926g3 201_1 . � cpUN TY cad s LEGAL NOTICE — PUBLIC HEARING Iloilo olltll1l((11t Sol n1ftj to11lf1{ '�il�!l1��!)IIt1f'Itl1!l�i��lll1l�ili