HomeMy WebLinkAboutAdministrative Permit APX2010012 - Notice of action Letter w Findings & Conditions of ApprovalCi of Huntin ton Beach
2000 MAIN STREET CALIFORNIA 92648
DEPARTMENT OF PLANNING AND BUILDING
www.huntin tonbeachca. ov
Plannin Division Buildin Division
714.536.5271 714.536.5241
June 15, 2010
NOTICE OF ACTION
SUBJECT: ADMINISTRATIVE PERMIT NO. 10-012 (BOMBURGER
OUTDOOR DINING)
APPLICANT: Jeff Bergsma, 221 Main Street 'H', Huntington Beach, CA 92648
PROPERTY OWNER: Robert Koury Properties, 200 Main Street #206, Huntington Beach,
CA 92648
REQUEST:To permit the establishment of an approximately 143 sq. ft. outdoor
dining area in conjunction to an existing 1,489 sq. ft. take-out
restaurant.
LOCATION: 200 Main Street #114, 92648 (east side of Main St., south of Olive
Ave.)
DATE OF
ACTION: June 15, 2010
Dear Mr. Bergsma,
On June 15, 2010, the Planning & Building Department of the City of Huntington Beach took
action on your request and approved your request with findings and conditions of approval.
Attached to this letter are the findings and conditions of approval for your application.
Please be advised that the Department of Planning & Building reviews the conceptual plan as a
basic request for entitlement of the use applied for and there may be additional requirements
prior to issuance of building permits. 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/completion of your
project. The conceptual plan should not be construed as a precise plan, reflecting conformance
to all Zoning and Subdivision Ordinance requirements.
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action
taken by the Department of Planning & Building is final unless an appeal is filed to the Planning
Commission by you or by an interested party. A person desiring to appeal the decision shall
AP No. 10-012
06/15/2010
Page 2 of 2
file a written notice of appeal to the Secretary of the Planning Commission within ten calendar
days of the date of the Planning & Building Department's action. The notice of appeal shall
include the name and address of the appellant, the decision being appealed, and the grounds
for the appeal. A filing fee of $494 shall also accompany the notice of appeal. Said appeal
must be in writing and must set forth in detail the action and grounds by which the applicant or
interested party deems himself aggrieved. The last day for filing an appeal and paying the filing
fee for the above noted application is June 25, 2010.
If you have any questions, please contact Jill Arabe, Assistant Planner at (714) 374-5357
(Email:'arabe surfcit -hb.or or the Planning & Building Department Planning and Zoning
Information Counter at (714) 536-5271.
Sincerely,
Scott Hess,
Director of Planning & Building
by:
JILL ARABE
Assistant Planner
Attachments: Findings and Conditions of Approval - AP No. 10-012
c: Honorable Mayor and City Council
Chair and Planning Commission
Fred A. Wilson, City Administrator
Scott Hess, Director of Planning & Building
Herb Fauland, Planning Manager
Bill Reardon, Division Chief/Fire Marshal
Steve Bogart, Acting Principal Civil Engineer
Gerald Caraig, Permit-Plan Check Manager
Robert Koury, Property Owner
Project File
GAPLANNING Administrative Permits\2010\AP 10-012 (200 Main 114) - Bomburger Outdoor Dining.doc
ATTACHMENT NO. 1
FINDINGS AND CONDITIONS OF APPROVAL
FINDINGS FOR APPROVAL - ADMINISTRATIVE PERMIT NO. 10-012:
1. The sidewalk's public use, pedestrian, transit and business services including but not limited
to loading zones, bus stops, public phones, and benches, are not restricted. The proposed
143 sq. ft. outdoor dining area is located on private property. The outdoor dining area will
not encroach into the public right-of-way because it will be surrounded by a permanent
physical barrier of 36 inches in height. The public sidewalk is 12 feet in width and will not be
affected by the proposed use.
2. Building entryways are not obstructed. As conditioned, a minimum of 5 feet of clear
passage is provided and will be maintained for access into the business.
3. Pedestrian traffic volumes are not inhibited. A minimum of 12 feet of public sidewalk is
available for pedestrian access. The permanent cordon around the outdoor dining area will
restrict the use (tables and chairs) from interfering with the public sidewalk.
4. Handicapped accessibility is provided where required. The tables and chairs are not
permanently affixed to the ground and will therefore be available for handicapped
accessibility. A minimum of 5 feet of clear passage is sufficient for ingress and egress.
CONDITIONS OF APPROVAL - ADMINISTRATIVE PERMIT NO. 10-012:
1. The site plan and floor plan submitted on May 17, 2010, shall be the conceptually approved
layout with the modification that the 36 inch high railings shall surround the outdoor dining
area without encroaching into the leasing area of adjacent tenants.
2. The use shall comply with the following:
a. The 36 inch high railings surrounding the outdoor dining area shall be permanently
affixed to the ground.
b. A minimum of five (5) feet of clear passage shall be maintained.
c. No food or beverages of any nature shall be sold to any occupant or rider of any
motor vehicle or bicycle. (SP-5)
d. No alcoholic beverages shall be permitted within the outdoor dining area unless a
conditional use permit for the specific use is reviewed and approved.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Administrative Permit No. 2010-012 shall not become effective until the ten-calendar day
appeal period has elapsed. (HBZSO Section 241.14)
2. Administrative Permit No. 2010-012 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 Planning Department a minimum 30
days prior to the expiration date. (HBZSO Section 241.16)
G:\PLANNING\Administrative Permits12010WP 10-012 (200 Main 114) - Bomburger Outdoor Dining.doc Attachment No. 1.1
3. The Planning Department reserves the right to revoke Administrative Permit No. 2010-012,
pursuant to a public hearing for revocation, if any violation of these conditions or the
Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. (HBZSO
Section 249.06)
4. The development shall comply with all applicable provisions of the Municipal Code, Building
Department, and Fire Department as well as applicable local, State and Federal Fire Codes,
Ordinances; and standards, except as noted herein. (City Charter, Article V)
G:\PLANNING\Administrative Permits\2010\AP 10-012 (200 Main 114) - Bomburger Outdoor Dining.doc Attachment No. 1.2