Loading...
HomeMy WebLinkAbout1989-11-011 MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA 92648 WEDNESDAY NOVEMBER 1. 1989 - 1:30 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBERS: Herb Fauland MINUTES: Minutes of the October 25, 1989 Zoning Administrator Meeting were approved. REGULAR AGENDA ITEMS: USE PERMIT NO. 89-56 (Continued from October 25, 1989) Applicant: Edriss Miskinyar 11672 Poes Street Anaheim, CA 92804 Request: To permit a mobile food cart at the entrance to the Home Depot for a maximum of 21 days as a temporary outdoor event. Location: 6912 Edinger Avenue Environmental This request is covered by Categorical Exemption, Status: Section 15311, Class 11, California Environmental Quality Act, 1986 Staff reported that this item was continued due to citizen opposition, type of event, and City Attorney clarification as to the definition of a temporary outdoor event. The public hearing was opened. Edriss Miskinyar, applicant, was present and spoke in support of the request. John Metz, owner of Catch of the Day, and Robert Tepper, Landlord for two buildings on site opposed the request due to safety problems. There was no one else present to speak for or against the request so the public hearing was closed. ZA Minutes 11/l/89 -1- 5463h The Zoning Administrator denied the request due to possible congestion around the entrance of the Home Depot and the possibility that the mobile food cart would cause a safety hazard in the area. He also indicated that the proposal was not a temporary outdoor event as defined by the Huntington Beach Ordinance Code. USE PERMIT NO. 89-56 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS: FINDINGS FOR DENIAL: 1. The proposed mobile food cart at the Home Depot entrance will not be compatible with adjacent commercial properties. The mobile food cart is not compatible with established commercial tenants located in fully enclosed commercial buildings. 2. The establishment, maintenance and operation of the mobile food cart will be detrimental to the general welfare of persons working or residing in the vicinity. The placement of the mobile food cart at the entrance to the Home Depot does not provide safe and adequate ingress and egress to patrons entering the Home Depot. 3. The establishment, maintenance and operation of the mobil food cart will be detrimental to the value of the property and improvements in the neighborhood. The mobile food cart does not conform to the established commercial buildings and improvements at the integrated commercial shopping center. 4. The mobile food cart as proposed on site has the potential of creating additional traffic impacts to the entrance to Home Depot, the on -site circulation and parking layout at the integrated commercial shopping center. COASTAL DEVELOPMENT PERMIT NO. 89-30 Applicant: City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach, CA 92648 Request: Pacific Coast Highway improvement plans between Goldenwest Street and Beach Boulevard. Location: Pacific Coast Highway between Goldenwest Street and Beach Boulevard. Coastal Status: APPEALABLE Environmental This request is covered by Categorical Exemption, Status: Section 15301, Class 1, California Environmental Quality Act, 1986 Staff introduced Jack Miller of the Public Works Department to present the request. Mr. Miller stated that the improvement plans are to accommodate the future widening of Pacific Coast Highway. He also stated that parking for this project will remain on the street until the City can replace the displaced parking at a one to one parking ratio. Staff recommended approval. The public hearing was opened. There was no one present to speak for or against the request so the public hearing was closed. ZA Minutes 11/1/89 -2- 5463h COASTAL DEVELOPMENT PERMIT NO. 89-30 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL: 1. The proposed Pacific Coast Highway improvement plans conform with the plans, policies, requirements and standards of the C-LUP. 2. The proposed Pacific Coast Highway improvement plans are consistent with the CZ suffix and the base zoning district as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. The proposed Pacific Coast Highway improvement plans will provide infrastructure in a manner that is consistent with C-LUP. 4. The proposed Pacific Coast Highway improvement plans will conform with the public access and public recreation policies of Chapter 3 of the California Coastal Act. Adequate access to the beach from Pacific Coast Highway is provided. 5. Any negative impact from the displacement of parking spaces by the Pacific Coast Highway improvement plans is being mitigated by replacing the parking spaces at a one to one ratio on -site as the need warrants. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated October 9, 1989 shall be the conceptually approved layout. 2. 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. 3. Parking spaces displaced by the improvement plan shall be replaced at a one to one ratio as the Pacific Coast Highway improvements are implemented and the replacement of parking spaces is warranted. FORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. USE PERMIT NO. 89-54 CONDITIONAL EXCEPTION NO. 89-47 Applicant: Ivan Ulloa 6581 Edinger Avenue Huntington Beach, CA 92708 Request: Use Permit: To enclose an existing five hundred and four (504) square foot patio area. Conditional Exception: The proposed patio enclosure encroaches the site angle requirement for commercial sites. ZA Minutes 11/1/89 -3- 5463h Location: 6581 Edinger Avenue (George's Mexican Restaurant) Environmental This request is covered by Categorical Exemption, Status: Section 15301, Class 1, California Environmental Quality Act, 1986 Staff reported that this is a request to enclose an existing open patio area. Staff also stated that the applicant will resurface and restrip the parking area, relocate the trash enclosure and upgrade and provide additional landscaping. Staff stated the variance was to permit the enclosed patio to encroach within the site angle requirement for commercial sites. Staff expressed concern about the applicant's non -conforming freestanding sign, stating that staff will impose a condition of approval that the applicant post a $300 bond to bring the sign into conformance within one year per the Huntington Beach Sign Ordinance. Staff recommended approval of the request. The public hearing was opened and Ivan Ulloa, applicant, was present and spoke in support of the request. Gerald Collins, citizen abutting the property (15931 Wicklow Lane) expressed concern with the existing trash enclosure. He spoke in opposition stating that the applicant stores grease and other debris from the restaurant in the trash enclosure and leaves the lids open which causes a nuisance to the abutting property. He stated that he was opposed to anything that would increase business of the restaurant. Staff indicated to Mr. Collins that the existing trash enclosure will be removed and relocated to the center of the site. Staff also noted that the trash enclosure will be enclosed with a blockwall and provided with landscaping. There was no one else present to speak for or against the request so the public hearing was closed. The Zoning Administrator stated that per the suggested conditions of approval and with modifications recommended by staff he would approve the request. USE PERMIT NO. 89-54 AND CONDITIONAL EXCEPTION NO. 89-47 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL- USE PERMIT NO. 89-54: 1. The establishment, maintenance and operation of the enclosed five hundred and four (504) sq. ft. patio enclosure will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. The granting of Use Permit No. 89-54 to permit the enclosure of a five hundred and four (504) sq. ft. patio enclosure will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. 4. The location, site layout, and design of the proposed five hundred and four (504) sq. ft. patio enclosure properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. ZA Minutes 11/1/89 -4- 5463h 5. The access to and parking for the proposed five hundred and four (504) sq. ft. patio enclosure and existing restaurant does not create an undue traffic problem. FINDINGS FOR APPROVAL- CONDITIONAL EXCEPTION NO. 89-47: 1. 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 classifications. 2. The granting of Conditional Exception No. 89-47 for encroachment into the site angle requirements is necessary in order to preserve the enjoyment of one or more substantial property rights. Adequate visibility is provided to the commercial property to the west. The commercial buildings are separated by approximately 75 ft. The residential homes to the east are not affected. 3. The granting of Conditional Exception No. 89-47 for encroachment into the site angle requirements will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The commercial zoned property to the west is provided with approximately seventy-five (75) ft. of building separation and adequate visibility is provided. 4. The granting of Conditional Exception No. 89-47 for encroachment into the site angle requirements will not adversely affect the General Plan of the City of Huntington Beach. 5. The applicant is willing and able to carry out the purposes for which Conditional Exception No. 89-47 is sought and he will proceed to do so without unnecessary delay. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated October 17, 1989 shall be the conceptually approved layout with the following modifications. a. The twenty-five (25) ft. front yard setback directly in front of the patio enclosure shall be fully landscaped. b. The trash enclosure shall be enclosed on three (3) sides with a landscaped planter and a six (6) foot high blockwall. c. The area located in the south east corner of the site shall be fully landscaped 2. Prior to issuance of building permits, the following plans and items shall be submitted to the Community Development Department and/or completed by the applicant: a. Two (2) sets of revised plans as modified in Condition No. 1. b. Four (4) sets of landscape and irrigation plans to the Department of Community Development and Public Works for review and approval. c. The existing trash enclosure and blockwalls located in the north east corner of the site shall be removed. d. A grading plan shall be submitted to the Public Works Department and approved for the parking lot and landscape improvement plans. ZA Minutes ll/l/89 -5- 5463h 3. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. 4. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked and kept clear during the unloading of any restaurant goods. 5. There shall be no outside storage of grease or any other restaurant goods or wares. 6. The trash dumpster lid shall be closed at all times and provided with weekly trash pick-up. 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. 8. Proposed structures shall be architecturally compatible with existing structures. 9. All applicable Public Works fees shall be paid prior to issuance of building permits. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The major identification sign shall be removed or altered to comply with Article 961 (Signs) within one (1) year of the approval date. A $300 dollar (cash or cashier check) bond shall be submitted to the Department of Community Development in order to insure removal and compliance with Article 961 (Signs). 4. Prior to issuance of building permits the applicant shall restripe the parking lot and provide the additional landscaping as indicated on the revised plans so that it conforms to provisions of Article 960 of the Huntington Beach Ordinance Code. 5. The Zoning Administrator reserves the right to revoke Use Permit No. 89-54 and Conditional Exception No. 89-47 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED TO THE NOVEMBER 6, 1989 STUDY SESSION BY THE ZONING ADMINISTRATOR. lG S-61v- , o� Michael Strange Zoning Administrator 5463h ZA Minutes 11/1/89 -6= 5463h