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Home My WebLink AboutAdministrative Permit APX2010012 - Supporting Documents0 Arabe, Jill From: Jeff Bergsma, Team Design and Construction Deffteam@verizon.net] Sent: Tuesday, June 08, 2010 1:20 PM To: Arabe, Jill Subject: Re: Bomburger Application Page 1 of 1 Jill, The entire patio is 144 sf. the entry pathway is 48 sf, thus 96 sf for tables and chairs. We are open to using either number. Thx, Jeff --- Original Message ---- From: Arabe, Jill To: 'effteam verizon.net Sent: Tuesday, June 08, 2010 8:26 AM Subject: Bomburger Application Jeff, What is the proposed size of the outdoor dining area? The narrative states 96 sq. ft. but the floor plan states 144 sq. ft? Please let me know ASAP. Jill Arabe Assistant Planner City of Huntington Beach 6/10/2010 iii) Historic Pro erties: The Historic Resources Board shall provide to the Design Review Board and Planning Commission recommendations for structures considered to be historically significant as identified in the City's 1989 Historic Survey iv) Outdoor Dinin : Outdoor dining on public or private property may be permitted subject to review and approval by the Director of Planning with Neighborhood Notification (pursuant to HBZSO), when in compliance with this Section. The sale of alcohol shall be subject to the review and approval of a conditional use permit by the Zoning Administrator and compliance with this section. Exception: For any existing restaurant with alcohol sales with an existing outdoor dining area, the sale of alcohol in the outdoor dining area shall be subject to the review and approval by the Director of Planning and the Police Chief with Neighborhood Notification pursuant to Chapter 241 and compliance with this section. 1) Location and design criteria. Outdoor dining shall conform to the following location and design criteria: a) The outdoor dining shall be an extension of an existing or proposed eating establishment on contiguous property. b) Outdoor dining located on the sidewalk area of the public right-of-way shall be limited to commercial areas within the Downtown Specific Plan. c) Outdoor dining located on the sidewalk area of the public right-of-way of the first block of Main Street and Pacific Coast Highway within District 3 and on the Municipal Pier shall provide a minimum ten (10) foot clear passage area for pedestrian access. oor dining located on the ' alk area the ublic ri ht-of-wa and on al of er ar a provide a minimum ei ht 8 foot c ear passa e area for edestrian access. A wider clear passage area may be require at t e discretion o t e irec or or Zoning Administrator. d) No outdoor dining shall be allowed in mini-parks, publicly owned plazas, or beach areas excluding concession carts with no seating. e) Outdoor dining establishments which do not serve alcohol and are located on public property shall be separated from the clear passage area on the public sidewalk and/or pedestrian walkway by a temporary cordon and removed when not in use. f) Establishments which serve alcoholic beverages outdoors are required to provide a physical barrier of 36 inches in height surrounding the outdoor dining area that will prohibit passing of alcohol through the barrier. g) All tables, chairs, and umbrellas of outdoor dining located on public property shall be removed when not in use. h) Outdoor dining on private sidewalk areas shall provide a minimum eight (8) foot clear passage area for pedestrian access or a permanent cordon shall surround the outdoor dining area and a minimum five (5) foot clear passage 21 Downtown Specific Plan Revised 09/09/2009 area shall be provided. i) At street intersections, the triangular area formed by measuring 25 feet along the curb lines, shall be clear passage area. j) Temporary, mobile or free-standing food service providers are not eligible under these provisions. 2) Operating requirements, provisions, and conditions. a) A License Agreement including use fees shall be obtained from the City for outdoor dining located on public property. The License Agreement shall be subject to termination at any time upon a 10-day prior written notice upon determination of the Director or Zoning Administrator that one or more of the conditions or provisions of this Section 4.2.33 have been violated or that one or more factors listed in Subsection (5) below have changed and the permitted use is no longer compatible with the intended use of the public right-of-way or public property. Termination of a License Agreement shall nullify the conditional use permit. b) The applicant shall enter into a Maintenance Agreement with the City for maintenance of all portions of the public property used and approved by the Director or Zoning Administrator for the outdoor dining. Said agreement shall be submitted to and approved by the Department of Public Works prior to commencement of the use. c) All outdoor dining operators shall provide a public liability insurance policy as specified in all current insurance resolutions. Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. d) No food or beverages of any nature shall be sold to any occupant or rider of any motor vehicle or bicycle. e) Alcoholic beverages shall be served in glass containers only. Each glass container shall be permanently printed with a number identifying the establishment serving alcohol. f) The applicant (or operator) shall pay all fees and deposits required by the Huntington Beach Municipal Code, including the fee established for use of public property, prior to operation of the outdoor dining use. g) All provisions of the Huntington Beach Municipal Code and Zoning and Subdivision Ordinance shall apply. h) Outdoor dining subject to Director approval is subject to Neighborhood Notification as prescribed in the HBZSO. i) The conditional use permit may be transferred upon sale or transfer of the restaurant subject to a written request approved by the Zoning Administrator and the property owner. An amendment to the License Agreement will be required prior to transfer of the conditional use permit for outdoor dining on public property. A conditional use permit transfer or License Agreement renewal or amendment may be denied if one of the factors listed in Subsection (5) have changed and the permitted use is no longer compatible with the intended use of the public right-of-way. 22 Downtown Specific Plan Revised 09/09/2009 3) Parking. Parking shall comply with the Huntington Beach Zoning and Subdivision Ordinance or the Downtown Parking Master Plan; however, no parking spaces shall be required for the outdoor dining portion of the restaurant if the outdoor dining area does not exceed the following: Total Restaurant Area Outdoor Dinin Area a) 1,200 sq. ft. or less with: Maximum 5 tables and 20 seats b) greater than 1,200 sq. ft. with: Maximum of 20% of the restaurant area, not to exceed 400 sq. ft. Any outdoor dining area which exceeds these standards shall provide 100% of the required parking for the entire area. 4) Enforcement. Enforcement of Section 4.2.33 shall be by the Director of Planning or his/her designee. Any outdoor dining use within the Downtown Specific Plan that has been established without prior conditional use permit approval must obtain a conditional use permit and if located on public property, a License Agreement within 90 days following the effective date of this ordinance. Any establishment that plans to serve alcoholic beverages in an outdoor dining area must obtain a new conditional use permit and a new License Agreement from the City. 5) Necessary Findings. a) In order to approve outdoor dining the Director or Zoning Administrator shall make the following findings: 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. b) Building entryways are not obstructed. c) Pedestrian traffic volumes are not inhibited. d) Handicapped accessibility is provided where required. 23 Downtown Specific Plan Revised 09/09/2009 S.5B.8)C2;.iG8DiFEL•ELECTRICAL FOI:Aq u117P509 SF8-2(ISHOP1163916 S F.5-24DAMPMznu..4I{ICORRIDOR_`rh1 fp4,yam,'nwe"w`c':i8-2GROUND LEVEL-NORTH1011 w.11-LEG2ND:'C.1IFiGir,0I NN0L UT'OIl tUCARI G 0X1011100'Pw L4 mocii;- M650110'1 WALL 1015/110mvs® . 2 HR. WAI.1. E%15TX10v_ .c2-I M. WALL PROPOSEDWA-15FAIYI6 WALL 000o05E0ly- CONVENENCe OUTLET PROPOSED- D005 PROPOSED90.0101A,t a 2- 0 0 0 a SUITE 114 COURT SITE SUITE 114 200 MAIN STREET I-&ANTINGTON BEACH, CA MAIN STREET • FLOOR PLAN SCALE: I/V: 1'-0' +fuJj E PCl,,A 0 2oJCQ GLc'Qr2_ YCK'GT FATIj - tU dL q Ac"s ,o z 5eATC.)A /7 ou?DQUVt ffi&T wA IIo'f S a 0 N SITE PLAN z 7 2'uvkW1 ntington Beachu Pl_ANNli't4GDEPT. DATE-05110/10 -THIS DRA#'INC IS SOLE PROPERTY AND COPYRIGHT 0 OE THE ARCHITECT SCALE; CAD TILE : M$114-AI JEFF BFRGSMA ARCHITECT D-E8•I.Q.N 714 611 6111 41 WA ITREI S14 N NA4cmk 6101 u 1264 114 340 5116Al or-NT>w6-l r t,u iL"' (DI APP 1133 BOMBURGER RESTAURANT OUTDOOR DINING ONE 1142MMAIN93M HIAGN" BEACHCALECIM Al • NIA rll EXIT CORRIDOR CHANGWG ROOM cli WOMEN BACK HALL FRONT HALL RESTAURANT DININGfYtONY4 ---------------II gt j,.Aif- rolir €, FLOOR PLAN SCALE: 118': 1'-0' 207 'z' • 30, - Q 0 0 0 0 1710 c hHuntington333c Q PLANNINGDEPT, DJ0SUITE 114 COURT z Q®DATE THIS DRAWING IS SOLE PROPERTY SCALE: AND COPYRIGHT OF THE ARCHITECT 0 0 SITE SUITE 114 200 MAIN STREET HUNTINGTON BEACH, CA MAIN STREET 0 0 CAD FILE 05/10/10 IIe'•1'•0' M5114•AI BOMBURGER RESTAURANT OUTDOOR DINING N SITE PLAN JEFF BERGSMA ARCHITECT D•E•5•I•Q.N MM 114 MAIN 5rAEEr HMTP49M BEACH 714 671 6666 771 IINI STFW W X H MMb.,al, 6LA0 4A 67546 AlrAR 714 960 335 6