HomeMy WebLinkAbout1994-05-04L
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WEDNESDAY, MAY 4, 1994 - 1:30 P.M.
ZONING ADMINISTRATOR: Michael Strange
STAFF MEMBER: Jane Madera
MINUTES: The April 6 and 13, 1994 Minutes were approved.
The April 27, 1994 Minutes were continued.
ITEM 1: CONDITIONAL EXCEPTION NO.94-7 (CONTINUED FROM APRIL 27, 1994
ZONING ADMINISTRATOR MEETING)
Applicant: Harry Kontoes, Jr.
5412 Hendricksen Drive
Huntington Beach, CA 92649
Request: To construct a 575 square foot master bedroom and bath addition with a
variance for a six (6) foot rear yard setback (10 foot setback required)
pursuant to Section 9110.8 of the Huntington Beach Ordinance Code.
Location: 5412 Hendricksen Drive
Jane Madera, Staff Planner reported that this application was continued from the previous week
to allow an adjaent property owner time to review the request. Staff described the request as a
variance to the rear yard. Staff stated that one-half of this property is adjacent to a school
property and would be permitted to have a minimum five (5) foot rear yard setback. This
property is able to have one-half of its property at a five (5) foot setback and the other half must
meet a ten (10) foot setback. Staff stated that applicant's proposal is for a master bedroom and
bath addition with a minimum six (6) foot setback to the rear. Staff reported that the necessary
findings for a variance are not present on this property as there is no land related hardship that
prohibits the room addition. Staff presented an alternative of the plan that would not require a
variance. Staff stated that the adjacent neighbor choose to remain neutral and did not oppose the
proposed setback requested. Staff recommended denial of this project because there are no land
related hardship findings applicable to the subject property and a room addition that meets code
reqirements can be constructed.
The applicant, Harry Kontoes Jr. was present and opposed staffs recommendation. He stated
that if he agreed with the staffs alternative suggestion to the plan that he would have an area in
the rear of his property that would not be maintained due to no visibility in this area. The
applicant also presented a petition signed by over twenty homeowners in the area that agreed with
his request for addition.
Harry Kontoes, Sr. was present and also reiterated the applicant's position.
There were no other persons present to speak for or against this request.
CONDITIONAL EXCEPTION NO.94-7 WAS DENIED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING FINDINGS FOR DENIAL. HE STATED
THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE
APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR
DAYS.
FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION NO. 94-7:
The granting of Conditional Exception No. 94-7 for a reduced rear yard setback (6 feet in -
lieu of 10 feet required) will constitute a grant of special privilege inconsistent upon other
properties in the vicinity and under an identical zone classification. Although one-half of
the subject property is adjacent to a public school property and would permit a reduction
in rear yard setback to five (5) feet, the addition is proposed on the half of the property
which is not adjacent to the school and must maintain the ten (10) foot setback.
2. Because there are no special circumstances applicable to the subject property, such as size,
shape, or topography 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 identical zone classifications. Other properties in the R-1 Zone that are not adjacent
to open or public land must maintain the minimum ten (10) foot setback.
3. The granting of Conditional Exception No. 94-7 is not necessary in order to preserve the
enjoyment of one or more substantial property rights. The applicant could construct a
substantial room addition either towards the front of the property or in the rear yard with a
slight modification to the floor plan and still meet the requirements of the ordinance code.
4. The granting of Conditional Exception No. 94-7 will be injurious to property in the same
zone classifications. The proposed location of the room addition abuts the side and rear
yard of the adjacent property and the reduction in setback will affect the privacy of the
residents, may create shadowing, and will reduce air, light and ventilation between the
properties should any room additions be constructed on the adjacent lot.
ZA Minutes 5/4/94 2
ITEM 2: USE PERMIT NO.94-34 (TEMPORARY OUTDOOR EVENT)
Applicant: Paul Gardikas
91 Nightingale Drive
Aliso Viejo, CA 92656
Request: To permit a three (3) day temporary outdoor event on May 6-8, 1994 for
flower sales to coincide with Mother's Day pursuant to Section 9730.64 of
the Huntington Beach Ordinance Code.
Location: 5241 Warner Avenue
Jane Madera, Staff Planner reported that this application was a request for a temporary outdoor
event to take place on May 6, 7 and 8 for flower sales coinciding with Mother's Day. Staff
reported that the applicant has an existing use permit to operate a strawberry stand at the corner
of Warner and Roosevelt, which is approved through June, 1994. Staff reported that the
proposed stand meets required setbacks from all property lines and the parking requirements are
sufficient for this site. Staff recommended approval of this request with findings and conditions.
The applicant, Paul Gardikas was present and concurred with staffs recommendation.
There were no other persons present to speak for or against this request.
USE PERMIT NO. 94-34 WAS APPROVED BY THE ZONING ADMINISTRATOR
WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE
STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE
APPEALED TO THE PLANNING COMMISSION WITHIN TWO (2) CALENDAR
DAYS.
FINDINGS FOR APPROVAL:
1. Use Permit No. 94-34 for the temporary outdoor event on May 6-8, 1994 will not be detrimental
to:
a. The general welfare of persons residing or working in the vicinity. Adequate off-street parking
is available for the temporary outdoor event.
b. Property and improvements in the vicinity of such use of building. The three (3) day event will
not alter the improvements in the area.
2. The granting of Use Permit No. 94-34 will not adversely affect the General Plan of the City of
Huntington Beach.
ZA Minutes 5/4/94
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan received and dated April 15, 1994 shall be the conceptually approved layout.
2. All other conditions of Use Permit No. 94-14 for seasonal strawberry sales at the same site
shall continue to apply.
INFORMATION ON 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. 94-34 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
ninety (90) days prior to the event. Failure to provide adequate notice shall result in denial
of the request.
ITEM 3: USE PERMIT NO. 94-20
Applicant: Lars Larsson
P. O. Box 3206
Newport Beach, CA 92659
Request: To permit the establishment of a 1,372 square foot restaurant with 160
square feet of outdoor seating area pursuant to Section 9241(a)R of the
Huntington Beach Ordinance Code.
Location: 16400 Pacific Coast Highway, #102
Jane Madera, Staff Planner reported that this application was a request for a use permit to
establish a restaurant with outdoor dining in Peter's Landing. Staff reported that the business
currently in this suite is Cafe Stockholm and was approved with a maximum of twelve (12) seats.
The request is to expand their seating indoors and place additional seating outdoors. Staff stated
that a six (6) foot sidewalk between the tables and chairs and the sidewalk edge is proposed by
the applicant. The parking requirements are also sufficient for the restaurant as there are 85
surplus parking stalls ovailable of the site. Staff reported that David E. Combs from Broadmoor
Condominiums sent a letter in support of this project. Staff recommended approval with findings
and conditions.
ZA Minutes 5/4/94 4
THE PUBLIC HEARING WAS OPENED
The applicant, Lars Larson was present and discussed his intention to maintain his establishment
in accordance with staffs conditions and concurred with staffs recommendation.
There were no other persons present to speak for or against this request.
THE PUBLIC HEARING WAS CLOSED
USE PERMIT NO.94-20 WAS APPROVED BY THE ZONING ADMINISTRATOR
WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE
STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE
APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR
DAYS.
FINDINGS FOR APPROVAL -USE PERMIT NO. 94-20:
Use Permit 94-20 for the establishment, maintenance and operation of the 1,372 square
foot restaurant with 160 square feet of outdoor dining will not be detrimental to:
a. The general welfare of persons residing or working in the vicinity. The restaurant
use is compatible with other restaurant and retail establishments in Peter's Landing.
b. Property and improvements in the vicinity of such use or building. With the
conditions of approval imposed, including a six (6) month review, adequate parking
and circulation around the tables on the sidewalk will be maintained. The site
currently provides 828 parking spaces while only 743 are required. Therefore, 85
surplus parking stalls are available and the new restaurant with outdoor dining
requires 8 additional parking spaces.
2. The granting of Use Permit No. 94-20 will not adversely affect the General Plan of the
City of Huntington Beach. The 1,372 square foot restaurant with 160 square feet of
outdoor dining is consistent with the goals and objectives of the Visitor -Serving
Commercial Land Use designation of the General Plan.
SPECIAL CONDITIONS OF APPROVAL:
The site plan, floor plans, and elevations received and dated March 7, 1994 shall be the
conceptually approved layout with the following modifications:
a. The outdoor dining location shall be defined on the floor plan as an area 12'6" X
24 feet in size directly in front of but not blocking the cafe's entrance.
2. A revised site plan shall be submitted depicting the modifications described above.
ZA Minutes 5/4/94
3. The outdoor dining use shall be limited to the following:
a. There shall be a maximum of four (4) outdoor tables approximately 36 inches in
circumference and four (4) chairs per table. The tables may be a different shape or
configuration but may not exceed 36 inches in width or length.
b. Outdoor tables and chairs may not block ingress or egress to the site at any time.
c. A minimum of six (6) feet of sidewalk between the outdoor tables or chairs and the
adjacent curb edge shall be permanently maintained clear of tables, chairs, carts, or
restaurant service items.
4. Fire Department Requirements:
a. NOTE ON PLANS - Fire extinguishers will be installed and located in areas to
comply with Huntington Beach Fire Code Standards.
b. NOTE ON PLANS - Address numbers will be installed to comply with City
Specification #428. The size of the numbers will be the following:
• The number for the building will be sized a minimum of six (6) inches with a
brush stroke of one and one-half (1 1/2) inches.
5. 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.
6. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing
sets submitted for plancheck.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
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.
ZA Minutes 5/4/94 6
3. A review of the outdoor dining use shall be conducted by Community Development Staff
within six (6) months of the date of this approval to verify compliance with all conditions
of approval and applicable Articles of the Huntington Beach Ordinance Code. If, at that
time, there is a violation of these conditions or code sections, Use Permit 94-20 may
become null and void.
4. The Zoning Administrator reserves the right to revoke Use Permit 94-20 if any violation
of these conditions of the Huntington Beach Ordinance Code occurs.
ITEM 4: USE PERMIT NO.94-27
Applicant: John D. Lewis
16400 Pacific Coast Highway, #103
Huntington Beach, CA 92649
Request: To permit the establishment of a 650 square foot game arcade (pool tables,
dart games, and table games) as an expansion to an existing restaurant
pursuant to Section 9241(a)R of the Huntington Beach Ordinance Code.
Location: 16400 Pacific Coast Highway, #103
Jane Madera, Staff Planner reported that this application was a request for a use permit for the
establishment of a 650 square foot game arcade as an expansion to J. Dee.'s Restaurant in Peter's
Landing. Staff stated that the parking requirements will be met for this expansion as three (3)
additional spaces are required and 77 surplus parking stalls are available. Staff stated that the
Police Department reviewed this request and recommended that the project be limited to two (2)
pool tables only. Staff stated that this project is compatible with the existing restaurant and retail
uses in the shopping center. Staff recommended approval of this project with findings and
conditions.
THE PUBLIC HEARING WAS OPENED
The applicant, J. D. Lewis was present and concurred with staffs recommendation.
There were no other persons present to speak for or against this request.
THE PUBLIC HEARING WAS CLOSED
ZA Minutes 5/4/94 7
USE PERMIT NO.94-27 WAS APPROVED BY THE ZONING ADMINISTRATOR
WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE
STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE
APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR
DAYS. -
FINDINGS FOR APPROVAL -USE PERMIT NO. 94-27:
1. The establishment, maintenance and operation of the 650 square foot game arcade
expansion to an existing restaurant will not be detrimental to:
a. The general welfare of persons residing or working in the vicinity. The expansion to
the existing restaurant with pool tables, dart board games, and table games is
compatible with the other restaurant and retail uses in the shopping center.
b. Property and improvements in the vicinity of such use or building. Adequate parking
for the game arcade and restaurant expansion can be provided as the site provides
828 parking spaces while 751 stalls are required. Therefore, 77 surplus parking
spaces are available and the restaurant expansion requires three (3) additional
spaces.
2. The granting of Use Permit No. 94-27 will not adversely affect the General Plan of the
City of Huntington Beach. The 650 square foot game arcade expansion to an existing
restaurant is consistent with the goals and objectives of the Visitor Serving Commercial
Land Use designation of the General Plan.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated March 24, 1994 shall be the
conceptually approved layout.
2. The applicant shall comply with all applicable provisions of the Huntington Beach
Municipal Code regarding pool and billard halls.
There shall be no more than two (2) pool tables in the restaurant.
4. Fire Department Requirements:
a. NOTE ON PLANS - Automatic sprinkler systems will be installed throughout to
comply with Huntington Beach Fire Department and Uniform Building Code
Standards. Shop drawings will be submitted to and approved by the Fire
Department prior to installation.
ZA Minutes 5/4/94 8
b. NOTE ON PLANS - Fire extinguishers will be installed and located in areas to
comply with Huntington Beach Fire Code Standards.
C. NOTE ON PLANS - Address numbers will be installed to comply with City
Specification #428. The size of the numbers will be the following:
• The number for the building will be sized a minimum of six (6) inches with
a brush stroke of one and on -half (1-1/2) inches.
d. NOTE ON PLANS - Exit signs and exit path markings will be provided in
compliance with the Huntington Beach Fire Code and Title 24 of the California
Administrative Code.
5. 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.
6. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing
sets submitted for plancheck.
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.
4. The Zoning Administrator reserves the right to revoke Use Petmit 94-27 if any violation
of these conditions of the Huntington Beach Ordinance Code occurs.
THE MEETING WAS ADJOURNED AT 7:00 PM BY THE ZONING
ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE
ZONING ADMINISTRATOR ON WEDNESDAY, MAY 11, 1994 AT 1:30 PM.
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Mike St ange
Zoning Administrator
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ZA Minutes 5/4/94 9