HomeMy WebLinkAboutAdministrative Permit APX2011018 - Notice of action Letter w Findings & Conditions of Approval0 0
Ci of Huntin ton Beach
2000 MAIN STREET CALIFORNIA 92648
DEPARTMENT OF PLANNING AND BUILDING
www.huntin onbeachca. ov
Plannin Division Buildin Division
714.536.5271 714.536.5241
September 27, 2011
NOTICE OF ACTION
SUBJECT: ADMINISTRATIVE PERMIT NO. 2011-018 (CUCINA ALESSA
OUTDOOR DINING SIDEWALK CLEARANCE)
APPLICANT: Mike Adams, P 0 Box 382, Huntington Beach, CA 92648
PROPERTY OWNER: Alessandro Pirozzi, 520 Main Street, Huntington Beach, CA 92648
REQUEST: To permit a waiver of development standard, pursuant to Section
241 22 of the Huntington Beach Zoning & Subdivision Ordinance,
to permit a 7 ft. 3 in clear passage area (9% deviation) for
pedestrian access in lieu of the required 8 ft associated with the
outdoor dining area in the public right-of-way
LOCATION: 520 Main Street, 92648 (northeast corner of Main Street and Sixth
Street)
DATE OF ACTION: September 27, 2011
Dear Mr Adams
On September 27, 2011, the Planning and Building Department of the City of Huntington Beach
took action on your request and APPROVED your request with conditions Attached to this
letter are the conditions of approval for your application
Please be advised that the Department of Planning and 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 and 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
Administrative Permit No 11-010
September 13, 2011
Page 2 of 2
decision shall file a written notice of appeal to the Secretary of the Planning Commission within
ten (10) calendar days of the date of the Planning and 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 Friday, October 7, 2011, at 5 00 p m
If you have any questions, please contact Tess Nguyen, Associate Planner at (714) 374-1744
(TN u en surfcit -hb or or the Planning Division Planning and Zoning Information Counter at
(714) 536-5271.
Sincerely,
Scott Hess, AICP
Director of Planning and Building
by:
-QSS uVeJ,,)
Tess Nguyen
Associate Planner
Attachment Findings and Conditions of Approval -Administrative Permit No 11-018
Cc Honorable Mayor and City Council
Chair and Planning Commission
Fred A. Wilson, City Manager
Scott Hess, AICP, Director of Planning & Building
William H Reardon, Division Chief/Fire Marshal
Travis Hopkins, Director of Public Works
Herb Fauland, Planning Manager
Debbie DeBow, Senior Civil Engineer
Mark Carnahan, Inspection Manager
Alessandro Pirozzi, Property Owner
Project File
G \Nguyen\Admmistrative Permit\520 Main--Cucina Alessa\AP 10-018 (520 Main) Cucina Alessa docx
ATTACHMENT NO. I
FINDINGS AND CONDITIONS OF APPROVAL
ADMINISTRATIVE PERMIT NO. 11-018
FINDINGS FOR APPROVAL - ADMINISTRATIVE PERMIT NO. 11-018:
1. Administrative Permit No 11-018 for waiver of a development standard to permit a 9 in.
reduction (7 ft. 3 in sidewalk width) in the clear passage area for pedestrian access in the
vicinity of the four bollards, two traffic signal poles, and a traffic signal box does not exceed
a 10% deviation from the minimum 8 ft clear passage for pedestrian access for outdoor
dining area located on the sidewalk area of the public right-of-way applicable in the
Downtown Specific Plan base zoning district.
2 This Administrative Permit for waiver of a development standard continues to allow for
adequate and safe pedestrian movement, and will not degrade the usability of the sidewalk
area The majority of the sidewalk width for pedestrian access adjacent to the outdoor
dining area is over 9 ft. wide The 4 bollards (approximately 12 in. in width) and 2 traffic
signal poles (approximately 6 in in width) impact less than 10% of the approximately 52
lineal feet of fencing frontage for the outdoor dining area. Also, the pedestrian activity
surrounding the project site is not as intense as the areas closer to Main Street and Pacific
Coast Highway The 9 in reduction enhances the overall design of the project by providing
for a more attractive outdoor dining area and more efficient circulation within the outdoor
dining area The outdoor dining area fencing will have a continuous curvilinear design that
is parallel to the building as well as the curb face, creating a smoother flow for pedestrian
movement
3 The proposed 9 in reduction would not otherwise require any discretionary permits, and will
not in any way degrade the environment or result in any changes to land use or density
With the exception of the proposed 9 in reduction in the clear passage area for pedestrian
access, the proposed outdoor dining area conforms to applicable development standards,
including minimum ADA accessibility clearance and fencing requirements for alcohol sales
and service
CONDITIONS OF APPROVAL - ADMINISTRATIVE PERMIT NO. 11-018:
1. The site plan and elevation received and dated August 24, 2011, shall be the conceptually
approved layout and comply with the following:
a A minimum distance of 7 ft. 3 in shall be maintained between the outdoor dining
area fencing and the bollards, traffic signal poles, and traffic signal box
b The existing news racks shall be relocated
c A minimum distance of 12 in shall be maintained between the bollards and the curb
face
G \Nguyen\Administrative Permit\520 Main--Cucina Alessa\AP 10-018 (520 Main) Cucina Alessa docx
Attachment 1 1
d The sidewalk shall be replaced if necessary per Public Works Standard Plan No. 207
or repaired to the satisfaction of the City Engineer.
2. The applicable conditions of approval required under Conditional Use Permit No. 89-50,
Use Permit No 92-065, and Entitlement Plan Amendment No. 11-003 shall remain valid
except as modified herein.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different
from the property owner, and each of their heirs, successors and assigns, shall defend,
indemnify and hold harmless the City of Huntington Beach and its agents, officers, and
employees from any claim, action or proceedings, liability cost, including attorney's fees and
costs against the City or its agents, officers or employees, to attack, set aside, void or annul any
approval of the City, including but not limited to any approval granted by the City Council,
Planning Commission, or Design Review Board concerning this project The City shall promptly
notify the applicant of any claim, action or proceeding and should cooperate fully in the defense
thereof
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. The applicant and/or applicant's representative shall be responsible for ensuring the
accuracy of all plans and information submitted to the City for review and approval.
2 Administrative Permit No 11-018 shall not become effective until the ten-calendar day
appeal period has elapsed
3 Administrative Permit No 11-018 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 and Building Department a
minimum 30 days prior to the expiration date
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
G \Nguyen\Administrative Permit\520 Main--Cucina Alessa\AP 10-018 (520 Main) Cucina Alessa docx
Attachment 1 2
OFFICE of the ZONING ADMENISTRATO
CITY OF HUNTINGTON BEACH o CALIFORNIA
--~~---N-N NNNNNN NNNNNNNNNNNNNNNNNNNNNN
P.O. BOX 190 CALIFORNIA 92648
(714) 536-5271
June 2, 2011
NOTICE OF ACTION
m@mH@
AUG242Q11
Huntington Beach
,NNi JG • P
Michael C Adams
P 0 Box 382
Huntington Beach, CA 92648
SUBJECT: ENTITLEMENT PLAN AMENDMENT NO. 11-003 (CUCINA
ALESSA OUTDOOR DINING - AMENDMENT TO USE
PERMIT NO. 92-065)
APPLICANT: Mike Adams, Michael C Adams Associates
REQUEST: To permit modifications to the operations of an existing
restaurant's outdoor dining area as approved by Use Permit
No 92-065 The modifications include requests to (a) allow for
the consumption of alcohol within the outdoor dining area, (b)
permit the outdoor dining space to include a maximum total of
ten (10) tables at an overall size of 400 sq ft, (c) modify the
approved outdoor dining operating hours to between 7 00 AM
and 1000 PM; and (d) remove Condition of Approval No 3(c)
requiring an equivalent number of tables/seats be closed on
the restaurant's second floor during times the outdoor dining
area is in operation
PROPERTY OWNER: Alessandro Pirozzi, 520 Main Street, Huntignton Beach, CA
92648
LOCATION: 520 Main Street, 92648 (northeast corner of Main Street and
Sixth Street)
PROJECT PLANNER: Tess Nguyen
DATE OF ACTION: June 1, 2011
On Wednesday, June 1, 2011, the Huntington Beach Zoning Administrator took action
on your application, and your application was conditionall a roved Attached to this
letter are the findings and conditions of approval.
Please be advised that the Zoning Administrator reviews the conceptual plan as a basic
request for entitlement of the use applied for and there may be additional requirements
prior to commencement of the project 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
Entitlement Plan Amenu.. tent No 11-003
Page 2
of your total application 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 Zoning Administrator becomes final at the expiration of the appeal
period A person desiring to appeal the decision shall file a written notice of appeal to
the Secretary of the Planning Commission within ten (10) calendar days of the date of
the Zoning Administrator'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
Said appeal must be accompanied by a filing fee of One Thousand Seven Hundred
Twenty-Five Dollars ($1725 00) if the appeal is filed by a single family dwelling property
owner appealing the decision on his own property and Two Thousand Two Hundred
Fifty-Two Dollars ($2252.00) if the appeal is filed by any other party. In your case, the
last day for filing an appeal and paying the filing fee is June 13 2011 at 5 00 PM
Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any
application becomes null and void one (1) year after final approval, unless the use has
been established or as modified by a condition of approval
Excepting those actions commenced pursuant the California Environmental Quality Act,
you are hereby notified that you have 90 days to protest the imposition of the fees
described in this Notice of Action. If you fail to file a written protest regarding any of the
fees contained in this Notice, you will be legally barred from later challenging such action
pursuant to Government Code §66020.
If you have any questions regarding this Notice of Action letter or the processing of your
application, please contact Tess Nguyen, the project planner at (714) 374-1744 or via
email at TNguyen@Surfcity-HB org or the Department of Planning and Building Zoning
Counter at (714) 536-5271
Sincerely,
t A 3
Ricky Ramos
Zoning Administrator
RR-TN-jd
Attachment
c. Honorable Mayor and City Council
Chair and Planning Commission
Fred A Wilson, City Manager
Scott Hess, Director of Planning and Building
Herb Fauland, Planning Manager
William H. Reardon, Division Chief/Fire Marshal
Debbie DeBow, Principal Civil Engineer
Mark Carnahan, Inspection Manager
Judy Demers
Alessandro Pirozzi, Property Owner
Project File
ATTACHMENT NO. 1
FINDINGS AND CONDITIONS OF APPROVAL
ENTITLEMENT PLAN AMENDMENT NO. 11-003
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Zoning Administrator finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality
Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project
consists of the operation and minor alteration to an existing commercial structure
involving negligible expansion of an existing use
FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO. 11-003:
1 Entitlement Plan Amendment No 11-003 for modifications to the operations of an
existing restaurant's outdoor dining area located within District 6 - Mixed Use of the
Downtown Specific Plan as approved by Use Permit No 92-065 will not be
detrimental to the general welfare of persons working or residing in the vicinity or
detrimental to the value of the property and improvements in the neighborhood. The
modifications include requests to (a) allow for the consumption of alcohol within the
outdoor dining area, (b) permit the outdoor dining space to include a maximum total
of ten (10) tables at an overall size of 400 sq ft, (c) modify the approved outdoor
dining operating hours to between 7.00 AM and 10 00 PM, and (d) remove Condition
of Approval No 3(c) requiring an equivalent number of tables/seats be closed on the
restaurant's second floor during times the outdoor dining area is in operation The
proposed use will not create adverse noise, traffic, safety, or other impacts to the
surrounding businesses and residents at levels inconsistent with the mixed use
zoning applicable to the subject property. The expanded outdoor dining and
extended hours of operation will enhance the use and provide enjoyment for patrons
of the restaurant. In addition, the project will comply with City Council Resolution No
2011-16, standard conditions for approval for eating and drinking establishments with
alcoholic beverage sales. Furthermore, the outdoor dining area will not restrict the
public's use of the sidewalk or inhibit pedestrian traffic volumes because the project
is conditioned to provide an 8-foot clear passage area between the outdoor dining
area fencing and the curb for pedestrian access. The location of the outdoor dining
area will not obstruct building entryways The project is also required to provide a
36-inch clearance in the outdoor dining area for handicapped accessibility
2 The proposed sales and service of alcoholic beverages within an existing outdoor
dining area, expansion of the outdoor dining area, and extension of the hours of
operation will be compatible with surrounding uses because it is proposed in a
Specific Plan area designated for mixed-use pedestrian-oriented development The
restaurant is surrounded by commercial, office, and residential uses and therefore
will be consistent with existing land use pattern and compatible to its surroundings
The use will be required to comply with conditions of approval pertaining to alcohol
service and hours of operation to assure that any potential impacts to the
surrounding properties are minimized Additionally, the use is subject to noise
regulations to further ensure compatibility with surrounding properties
G \ZA\ZALTRS\11\EPA2011-003 DOC Attachment 1 3
3. The proposed sales and service of alcoholic beverages within an existing outdoor
dining area, expansion of the outdoor dining area, and extension of the hours of
operation will comply with the provisions of the base district and other applicable
provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance
and any specific condition required for the proposed use in the district in which it
would be located. The proposed project, as conditioned, complies with the base
district and other applicable provisions There is no physical expansion that includes
additional floor area to the existing building as part of this request and the use will
comply with all building occupancy/exiting requirements.
4 The granting of the entitlement plan amendment will not adversely affect the General
Plan. It is consistent with the Land Use Element designation of Mixed Use Vertical
on the subject property In addition, it is consistent with the following goals, policies,
and objectives of the General Plan
A Land Use Element
Goal LU 7 Achieve a diversity of land uses that sustain a City's economic
viability, while maintaining the City's environmental resources and scale and
character.
Ob'ect,ve LU 7 1 Accommodate the development of a balance of land uses that
(a) provides for the housing, commercial, employment, cultural, entertainment,
and recreation needs of existing and future residents , (b) provides employment
opportunities for residents of the City and surrounding subregion, (c) captures
visitor and tourist activity, and (d) provides open space and aesthetic relief from
urban development
Polic LU 7.1.1 Accommodate existing uses and new development in
accordance with the Land Use and Density Schedules.
Goal LU 11 Achieve the development of projects that enable residents to live in
proximity to their jobs, commercial services, and entertainment, and reduce the
need for automobile use
Polic LU 15.2.2 Require that uses in the Pedestrian Overlay District be sited
and designed to enhance and stimulate pedestrian activity along the sidewalks
Assure that areas between building storefronts and public sidewalks are visually
and physically accessible to pedestrians.
The proposed use is consistent with the Land Use Density Schedules for the
Downtown and increases the economic viability of the establishment by offering
the sales and service of alcoholic beverages This expansion of se rvices and
increased outdoor dining area will capture visitor and tourist activity within the
downtown and further stimulate pedestrian activity along Main Street The site is
located in a mixed-use district of the downtown area and within walking distance
of several downtown-parking facilities as well residential and other uses thus
reducing the need for automobile use.
B Coastal Element
G \ZA\ZALTRS\11\EPA2011-003 DOC Attachment 1 4
Polic C 1.1 4: Where feasible, locate visitor-serving commercial uses in
existing developed areas or at selected points of attraction for visitors.
Goal C 3, Provide a variety of recreational and visitor-serving commercial uses
for a range of cost and market preferences
Polic C 3 2 3: Encourage the provision of a variety of visitor-serving
commercial establishments within the Coastal Zone, including but not limited to,
shops, restaurants, hotels and motels, and day spas
The proposed use will expand the available visitor-serving commercial uses
within the Coastal Zone.
CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO. 11-003:
1. The site plan received and dated March 31 , 2011 shall be the conceptually
approved design with the following modifications.
a The site plan shall be revised to be drawn to scale with accurate dimensions
b. Provide accurate dimensions of the distance between the outdoor dining
areas and all physical features (traffic signal devices, bollards, signal control
box, etc) within the public right-of-way
c Provide accurate dimensions of the outdoor dining area
d. Depict the size of the tables in the outdoor dining areas and the required 36-
inch clearance for ADA accessibility between the outdoor dining area fencing
and the tables/chairs. (2010 CBC Section 1133.B.6)
e. Depict the required 8-foot clear passage area for pedestrian access between
the outdoor dining area fencing and the curb (DTSP Section 4.2.29(iv))
2 Prior to the installation of the outdoor dining area fencing and commencement of the
use, a copy of the revised site plan modified in accordance with Condition of
Approval No 1 shall be submitted to the Planning and Building Depa rtment for
review and inclusion in the entitlement file
3. The proposed outdoor dining area cannot be occupied until the following have been
completed.
a. The existing news racks shall be relocated easterly along 5th Street before
the fencing for the outdoor dining area adjacent to the news racks is installed
The sidewalk where the existing news racks are to be removed shall be
removed and replaced if necessary with per Public Works Standard Plan No
207 unless the subject sidewalk area is repaired to the satisfaction of the City
Engineer (PW)
b. A License Agreement and Maintenance Agreement, including use fees, shall
be obtained from the City for outdoor dining located in a public access
easement. The applicant shall apply for and obtain approval of the License
G \ZA\ZALTRS\11\EPA2011-003 DOC Attachment 1 5
and Maintenance Agreement from the Public works Director prior to
improvements or use of public easement (DTSP Section 4.2.29(iv))
4. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control
Board (ABC) license, along with any special conditions imposed by the ABC, shall
be submitted to the Planning Division for the file. Any conditions that are more
restrictive than those set forth in this approval shall be adhered to
5 The use shall comply with the following.
9-
i
a Hours of operation of the outdoor dining area shall be limited to between 8 00
AM and 10 00 PM everyday (PD) All tables, chairs, and other
appurtenances shall be completely removed from the outdoor dining area by
10.30 PM daily
b. Full food service menus shall be served, at a minimum, until one (1) hour
before closing, and a cook and food server shall be on duty during these
times. (Resolution No. 2011-16)
c. Alcoholic drinks shall not be included in the price of admission to any
establishment (Resolution No. 2011-16)
d There shall be no requirement for patrons to purchase a minimum number of
alcoholic drinks. (Resolution No. 2011-16)
e All alcohol shall remain on the establishment's premises, including within
outdoor dining areas (Resolution No. 2011-16)
f Service of alcoholic beverages for consumption off-site shall be prohibited
(PD)
An employee of the establishment must be present at all times in areas within
the establishment where alcohol is served (Resolution No. 2011-16)
h. All areas of the business that are accessible to patrons shall be illuminated to
make easily discernible the appearance and conduct of all people in the
business (Resolution No. 2011-16)
i. Dancing and/or dance floor and/or live entertainment shall be prohibited
unless a Conditional Use Permit and Entertainment Permit are approved by
the City. (Resolution No. 2011-16)
Games or contests requiring or involving consumption of alcoholic beverages
shall be prohibited (Resolution No. 2011-16)
k. The establishment shall follow all conditions of the alcohol license issued by
the California Department of Alcoholic Beverage Control, as well as all other
relevant portions of the Huntington Beach Zoning and Subdivision Ordinance
and Huntington Beach Municipal Code (Resolution No. 2011-16)
G \ZA\ZALTRS\11\EPA2011-003 DOC Attachment 16
I. A sign shall be clearly posted prohibiting alcoholic beverages outside of the
outdoor dining area and including the outdoor dining area hours of operation
(PD)
p.
q.
m The operator of the establishment shall take reasonable measures to prohibit
and prevent patrons from blocking the sidewalk around the business at any
time (PD)
n. All employees shall complete an ABC approved training class within 30 days
of being hired and they shall complete the program every 12 months
thereafter. (PD)
o All exterior doors shall remain closed during business hours (PD)
A minimum of 36-inch clearance shall be maintained for ADA accessibility
between the outdoor dining area fencing and the tables and chairs (2010
CBC Section 1133.B.6)
A minimum of 8-foot clear passage area for pedestrian access shall be
maintained between the outdoor dining area fencing and the curb. (DTSP
Section 4.2.29(iv))
6 All other conditions of approval required under Conditional Use Permit No 89-50
and Use Permit No 92-065 shall remain valid except as modified herein
7. The development services departments and divisions (Building & Safety, Fire,
Planning and Public Works) shall be responsible for ensuring compliance with all
applicable code requirements and conditions of approval The Director of Planning
and Building may approve minor amendments to plans and/or conditions of approval
as appropriate based on changed circumstances, new information or other relevant
factors. Any proposed plan/project revisions shall be called out on the plan sets
submitted for building permits Permits shall not be issued until the Development
Services Departments have reviewed and approved the proposed changes for
conformance with the intent of the Zoning Administrator action. If the proposed
changes are of a substantial nature, an amendment to the original entitlement
reviewed by the Zoning Administrator may be required pursuant to the provisions of
HBZSO Section 241 18.
8. Entitlement Plan Amendment No 11-003 shall become null and void unless
exercised within two years 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 and Building Department a minimum 30 days prior to the expiration date
9 Incorporating sustainable or "green" building practices into the design of the
proposed structures and associated site improvements is highly encouraged
Sustainable building practices may include (but are not limited to)
those recommended by the U S . Green Building Council's Leadership in Energy and
Environmental Design (LEED) Program certification
(htt //www us be or /Dis la Pa e as x'?Cate o ID=19) or Build It Green's Green
G \ZAIZALTRS\111EPA2011-003 DOC Attachment 17
Building Guidelines and Rating Systems
(htt //www buildit reen or /index.cfm2fuseaction= uidelines)
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if
different from the property owner, and each of their heirs, successors and assigns, shall
defend, indemnify and hold harmless the City of Huntington Beach and its agents,
officers, and employees from any claim, action or proceedings, liability cost, including
attorney's fees and costs against the City or its agents, officers or employees, to attack,
set aside, void or annul any approval of the City, including but not limited to any approval
granted by the City Council, Planning Commission, or Design Review Board concerning
this project. The City shall promptly notify the applicant of any claim, action or
proceeding and should cooperate fully in the defense thereof
G VZ4VALTRS\11\EPA2011-003 DOC Attachment 1 8