HomeMy WebLinkAboutAdministrative Permit APX2014002 - Notice of action Letter w Findings & Conditions of ApprovalCit of Huntin ton Beach
Plannin Division Buildin Division
714.536.5271 714.536.5241
February 12, 2014
NOTICE OF ACTION
SUBJECT: ADMINISTRATIVE PERMIT NO. 2014-002 (Brain Balance)
APPLICANT: Phil Sanchez, 37 Brookline, Aliso Viejo, CA 92656
PROPERTY OWNER: Sea Cliff Village Shopping Center, Inc. c/o Shea Properties, 130
Vantis, Suite 200, Aliso Viejo, CA 92656
REQUEST:
2000 MAIN STREET CALIFORNIA 92648
DEPARTMENT OF PLANNING AND BUILDING
www.huntin onbeachca. ov
To establish a personal enrichment use (Brain Balance) with
ancillary uses (restroom, offices and entry) within an existing
1,831 sq. ft. commercial suite.
LOCATION: 19365 Main Street, Suite 105 (northwest corner of Main Street
and Yorktown Avenue)
DATE OF ACTION: February 12, 2014
On February 12, 2014, 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
decision shall file a written notice of appeal to the Secretary of the Planning Commission within
ten calendar days of the date of the Planning and Building Department's action. The notice of
G:\Rojas\Administrative Permit'AP 14-002 (Brain Balance)\19365 Main Street, Unit 105 (AP 14-002) - Brain Balance.docx Att. 1.1
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 Monday, February 24, 2013 at 5:00 p.m.
If you have any questions, please contact Kristi Rojas, Contract Planner at (714) 375-5058 or
via email at kristi.ro'as surfcit -hb.or or the Planning Department Planning and Zoning
Information Counter at (714) 536-5271.
Sincerely,
Scott Hess,
Director of Planning and Building
by:
Kristi Rojas
Contract Planner
Attachment: Conditions of Approval - Administrative Permit No. 2014-002
Cc: Honorable Mayor and City Council
Chair and Planning Commission
Fred A. Wilson, City Manager
Ken Domer, Assistant City Manager
Scott Hess, Director of Planning & Building
Jane James, Planning Manager
Bill Reardon, Division Chief / Fire Marshall
Debbie Debow, Principal Civil Engineer
Mark Carnahan, Building Manager
Shea Properties, Property Owner
Project File
G:\Rojas'Administrative Permit\AP 14-002 (Brain Balance)\19365 Main Street, Unit 105 (AP 14-002) - Brain Balance.docx
ATTACHMENT NO. 1
CONDITIONS OF APPROVAL - ADMINISTRATIVE PERMIT NO. 14-002:
1. The site plan and floor plan received and dated January 21, 2014, shall be the conceptually
approved layout.
2. The maximum number of students/patrons utilizing the facility at any time shall not exceed
the number of parking spaces allocated to the tenant space. Based on the occupied floor
area (approximately 1,831 sq. ft.) and the applicable parking standard of one parking space
per 200 square feet, the number of parking spaces allocated is nine .(9). Therefore, the
number of students shall not exceed nine(9) during any session. Additionally, the
instructional area shall not exceed 75 percent of the total floor area occupied by the
personal enrichment use, or 1,373 square feet.
3. If the applicant can demonstrate (by a parking analysis) that additional parking spaces may
be allocated to the tenant space, then the increase in the maximum number of students at
one time may be permitted subject to review and approval by the Planning Division and
issuance of a new Certificate of Occupancy by the Building Division. No new Administrative
Permit shall be required.
INFORMATION ON SPECIFIC CODE REQUIREMENTS
1. Administrative Permit No. 14-002 shall not become effective until the ten-calendar day
appeal period has elapsed. (HBZSO Section 241.14)
2. Administrative Permit No. 14-002 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)
3. The Planning and Building Department reserves the right to revoke Administrative Permit
No. 14-002, 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)
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
G:\Roja&Administrative Permit\AP 14-002 (Brain Balance)\19365 Main Street, Unit 105 (AP 14-002) - Brain Balance.docx
notify the applicant of any claim, action or proceeding and should cooperate fully in the defense
thereof.
G:\Rojas\Administrative Permit\AP 14-002 (Brain Balance)\19365 Main Street, Unit 105 (AP 14-002) - Brain Balance.docx