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HomeMy WebLinkAbout1993-03-31MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MARCH 31, 1993 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange STAFF MEMBERS: Wayne Carvalho MINUTES: The Minutes of March 24, 1993 Zoning Administrator Meeting was approved. ITEM 1: TENTATIVE PARCEL MAP NO. 92-228 (Continued from the February 17, 1993 Zoning Administrator Meeting) Applicant: Jim Ko Morse Consulting Group 4 Venture #100 Irvine, CA 92718 Request: To subdivide a 48.362 acre parcel into four (4) lots for conveyance purposes pursuant to Section 9921 of the Huntington Beach Ordinance Code. Location: Old Meadowlark Airport (North of Warner Avenue, west of Graham Street) Wayne Carvalho, Staff Planner, reported that the applicant had requested an additional one week continuance. Staff recommended that the item be continued. THE PUBLIC HEARING WAS OPENED. There were no persons present to speak for or against the request and the public hearing was continued open. TENTATIVE PARCEL MAP NO. 92-2128 WAS CONTINUED TO THE APRIL 7, 1993 ZONING ADMINISTRATOR MEETING BY THE ZONING ADMINISTRATOR. I ITEM 2: USE PERMIT NO, 92-65 Applicant: Michael Niccole 520 Main Street Huntington Beach, CA 92648 Request: To permit the establishment of outdoor dining for Niccole's Ristorante and a six foot (6') high masonry trash enclosure at the rear pursuant to Section 9771 of the Huntington Beach Ordinance Code. Location: 520 Main Street Wayne Carvalho, Staff Planner, reported that the request was continued from the March 24, 1993 Zoning Administrator Meeting. Staff advised that he had worked with the applicant and determined that ten tables with up to forty seats would be sufficient for outdoor dining. Staff recommended that the seating be setback from the alley to mitigate noise and that the second floor dining room be closed during the lunch hour, and that an equal amount of seats be closed during the evening hours when outdoor seating is available. Staff concluded by recommending approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS RE -OPENED. Thom Jacobs, representing the applicant, was present. He said he had met with staff at the site and was in full agreement with the proposed conditions of approval. Guz Zisakis, 611 6th Street, was present. He advised that the noise level'is unacceptable and parking is a problem for the tenants of the apartment building he manages on 6th Street. He said that the outdoor seating could make the problem worse. Jo Christain Craig, 529 Lake Street, was present and disagreed with allowing outdoor dining until 10:00 PM due to noise. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 92-65 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS FOR APPROVAL -USE PERMIT NO 92-65: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. With the conditions imposed, the outdoor dining use will not require any additional parking. The trash enclosure will also improve the rear portion of the building by both screening and securing the trash bin. 1 ZA Minutes - 3/31/93 -2- (6568d) b. Property and improvements=in the vicinity of such use or building. The outdoor dining use will not impede access on public sidewalks. Furthermore, the outdoor dining and trash enclosure will not impact vehicular traffic. 2. The granting of Use Permit No. 92-65 will not adversely affect the General Plan of the City of Huntington Beach. The proposed outdoor dining and trash enclosure is consistent with the goals and objectives of the Mixed Use Land Use Designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated October 29, 1992 shall be the conceptually approved layout with the following modifications: a. Tables shall be depicted at the specific locations approved by the Zoning Administrator. b. The trash enclosure shall maintain minimum rear setback of three feet (3') from the ultimate right-of-way. c. The trash enclosure shall comply with the ten (10) foot site angle requirement pursuant to Section 4.2.13(e) of the Downtown Specific Plan. 2. A revised site plan shall be submitted depicting the modifications described above. 3. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. 4. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 5. All applicable Public Works fees shall be paid prior to issuance of building permits. 6. An encroachment permit shall be required for the outdoor dining per Public Works Department requirements. 7. The applicant shall provide a Certificate of Insurance and Hold -Harmless agreement to be executed prior to the outdoor dining use. 8. All chairs shall be removed daily. ZA Minutes - 3/31/93 -3- (6568d) 9. Outdoor dining shall cease at 10:00 p.m. 10. No alcohol shall be served outside the building. 11. Table locations and seating area plans shall be reviewed and approved by the Fire Department. 12. The second floor shall be closed during lunch. 13. During outdoor dining use after 3:00 p.m., an equivalent number tables/seats shall be closed on the second floor. 14. 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. 15. A six (6) month review shall be completed by the Planning Division. A public hearing shall be held to review compliance with the conditions and applicable City codes. 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 Zoning Administrator reserves the right to revoke Use Permit No. 92-65 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 3: USE PERMIT NO, 93-11 Applicant: McWinney Berries P. O. Box 4423 Huntington Beach, CA 92605 Request: To permit a strawberry stand through June 30, 1993 pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 5141 Warner Ave. Wayne Carvalho, reported that the request is to permit a strawberry stand through June 30, 1993. Staff indicated that the site plan depicts on -site parking with access off of Roosevelt. Staff concluded by recommending approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. ZA Minutes - 3/31/93 -4- (6568d) 1 Tina Misitano, representing the applicant, was present and concurred with the suggested conditions of approval. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 93-11 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS FOR APPROVAL: 1. The temporary strawberry stand will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The strawberry stand will not obstruct circulation or traffic on public streets. b. Property and improvements in the vicinity of such use or building. The strawberry stand will be a temporary use through June 30, 1993. 2. The granting of Use Permit No. 93-11 will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated March 1, 1993 shall be the conceptually approved layout. -2. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 3. Fire access lanes shall be a minimum with of (20) twenty feet. 4. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. 5. The applicant shall provide one (1) 2A 1OBC fire extinguisher per Fire Department requirements. 6. The applicant's request shall include necessary permits for temporary signs. The number, size, and location of all signs shall be approved by the Zoning Administrator. INFORMATION OF SPECIFIC CODE REQUIREMENTS: 1. The event shall comply with all applicable provisions of the Ordinance Codes, Building Division and Fire Department. ZA Minutes - 3/31/93 -5- (6568d) 2. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. 3. The Zoning Administrator reserves the right to revoke Use Permit No. 93-11 if any violations of these conditions or the Huntington Beach Ordinance Code occurs. 4. The applicant shall submit all future temporary outdoor event applications a minimum of thirty (30) days prior to the event. Failure to provide adequate notice shall result in denial of the request. ITEM 4: USE PERMIT NO, 93-12 Applicant: Boys & Girls Club of Huntington Beach McWinney Berries P. O. Box 4423 Huntington Beach, CA 92605 Request: To permit a strawberry stand through May 31, 1993 pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 100 First Street Wayne Carvalho, Staff Planner, reported that McWinney Berries is representing the applicant. Staff concluded by recommending approval with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. Tina Misitano, representing the applicant, was present and concurred with the suggested conditions of approval. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 93-12 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. ITEM 5: USE PERMIT NO, 93-15 Applicant: S. S. Simon and Jude 20444 Magnolia Street Huntington Beach, CA 92646 1 ZA Minutes - 3/31/93 -6- (6568d) 1 Request:' To permit the installation of=an 80' X 100' canopy for Easter Services on -April 11, 1993 within the open field area. The canopy will be used to accommodate the overflow crowd from the church. Location: 20444 Magnolia Street Wayne Carvalho, Staff Planner, reported that the applicant is requesting to permit an 80' x 100' canopy for Services to accommodate the overflow crowd on Easter Sunday. Staff recommended that amplifiers not be allowed prior to 9:00 AM. THE PUBLIC HEARING WAS OPENED. Mr. Mullins, representing the applicant, was present. He said they planned to use microphones and suggested that the canopy be moved to the south end of the field with the speakers directed toward the parking lot. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 93-15 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TWO CALENDAR (2) DAYS. FINDINGS FOR APPROVAL: 1. The temporary outdoor event for Easter services will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The event will not impact on -site circulation. Furthermore, with the conditions imposed, the event will not impact the surrounding residents. b. Property and improvements in the vicinity of such use or building. The event is a temporary use. 2. The granting of Use Permit No. 93-15 will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated March 8, 1992 shall be the conceptually approved layout with the following modifications: a. The canopy shall be moved south to avoid any impact to the surrounding residential uses. ZA Minutes - 3/31/93 -7- (6568d) 2. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 3. A detailed site plan shall be submitted to the Huntington Beach Fire Department for approval (show location of platform, seating, etc.). 4. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. 5. The proposed tent shall be of fire retardant material. Proof of Certification shall be submitted to the Fire Department for approval prior to the tent's installation on the site. 6. The proposed tent shall be secured against collapsing to the satisfaction of the Fire Department. 7. "No Smoking" signs shall be posted in conspicuous locations. 8. Fire extinguishers shall be provided in number and locations specified by the Fire Department. 9. Speakers shall be directed away from the surrounding residences. INFORMATION OF SPECIFIC CODE REQUIREMENTS: 1. The event shall comply with all applicable provisions of the Ordinance Codes, Building Division and Fire Department. 2. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. 3. The Zoning Administrator reserves the right to revoke Use Permit No. 93-15 if any violations of these conditions or the Huntington Beach Ordinance Code occurs. 4. The applicant shall submit all future temporary outdoor event applications a minimum of thirty (30) days prior to the event. Failure to provide adequate notice shall result in denial of the request. ITEM_6: USE PERMIT NO, 93-9/CONDITIONAL EXCEPTION NO, 92-10 Applicant: Juliano Angelo 18748 Beach Blvd. Huntington Beach, CA 92648 ZA Minutes - 3/31/93 -8- (6568d) Request:' To permit a:675_square foot expansion of an existing 1,350 square foot restaurant (Baci Restaurant) pursuant to Section 9220.1 of the Huntington Beach Ordinance Code. The expansion will result in a four (4) space parking variance pursuant to Section 9602.2 of the Huntington Beach Ordinance Code. Location: 18748 Beach Blvd. Wayne Carvalho, Staff Planner, reported that the applicant is proposing to expand an existing restaurant into a vacant suite. Staff advised that the expansion would result in a four space parking variance if approved. Staff said that the center is an existing non -conforming center which would require 18 additional spaces by current code. Staff reported that one telephone call and one faxed letter was received in opposition to the request. Staff concluded by recommending denial with findings. THE PUBLIC HEARING WAS OPENED. Juliano Angelo, the applicant, said the intent of the proposed addition is to improve the restaurant. He said they currently have 49 seats and want to increase to 65 seats. He said that the increased space would add more room between tables and also add a restroom. Faye Contras, Manager of IHOP Blvd., spoke in opposition to an existing parking problem in approximately 15 spaces are to Restaurant located at 18782 Beach the request. She said that there is the center. She said that ken by other businesses customers. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 93-9/CONDITIONAL EXCEPTION NO. 92-10 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS FOR DENIAL - USE PERMIT NO 93-9/CONDITIONAL EXCEPTION NO, 933-10: 1. Granting of Use Permit No. 93-9/Conditional Exception No. 93-10 for a four (4) space parking variance would constitute a grant of special privilege inconsistent with limitations upon other industrial properties in the vicinity. Existing restaurants are required to provide a minimum of one (1) parking space for every 100 square feet of net floor area. The site is currently under parked by 18 spaces. ZA Minutes - 3/31/93 -9- (6568d) 2. Because there are no special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is not found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zone classification. The property conforms with the minimum lot size and frontage requirements and is relatively flat. 3. The granting of Use Permit No. 93-9/Conditional Exception No. 93-10 is not necessary to preserve the enjoyment of one or more substantial property rights. The commercial building complies with all provisions of the Huntington Beach Ordinance Code. 4. The granting of Use Permit No. 93-9/Conditional Exception No. 93-10 will be materially detrimental to the public welfare or injurious to property in the the same zone classification. The reduced parking requirement will set a precedent for such a request and may impact conforming commercial properties under the same zone classification. THE MEETING WAS ADJOURNED AT 2:20 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 7, 1993 AT 1:30 PM. Mike Strange Zoning Administrator :jr 1 ZA Minutes - 3/31/93 -10- (6568d)