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HomeMy WebLinkAbout1995-01-18MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JANUARY 18, 1995 - 6:00 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBERS: Kelli Klan, Kim Langel MINUTES: November 16 and 23, 1994 Minutes were continued. ITEM NO: 1 - CONDITIONAL USE PERMIT NO. 94-35 Applicant: Robert M. Blum PO Box 1400 Huntington Beach, CA 92647 Property Owner: Richard Nerio Bolsa Realty 9340 Bolsa Avenue Westminster, CA 92683 Request: To permit the establishment of a 1,680 square foot restaurant with sales of beer and wine, in the Meadowlark Shopping Plaza pursuant to Section 211,04 of the Huntington Beach Zoning and Subdivision Ordinance Location: 5205 Warner Avenue (Meadowlark Plaza) Kelli Klan, staff planner, stated that this application was a request to permit the establishment of a 1,680 square foot restaurant with sales of beer and wine, in the Meadowlark Shopping Plaza at 5202 Warner Avenue, pursuant to Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance. Parking is not an issue for this particular item due to the fact that the original conditional use permit for the Meadowlark Plaza Center allowed the provision of 10,000 square feet of floor area to be donated for restaurant use. This is the first restaurant request received by the City for the Meadowlark Plaza area. This application is before the Zoning Administrator for review of beer and wine sales only. The issue pertaining to the sale of beer and wine are the hours of operation. The applicant has requested the hours of operation from 11:00 AM daily to 9:00 PM Monday through Thursday, and 10:00 PM on Friday and Saturday. It should be noted that the floor plan depicts a game room area and six (6) games are shown on the plan. Current code only allows for four (4) games maximum for locations within 300 feet of residential property or 2,500 feet of schools. This particular project is within 300 feet of residential property, therefore, the site plan needs to be modified to reflect four (4) games or less. THE PUBLIC HEARING WAS OPENED. Robert Blum, 5205 Warner, applicant, stated that they would like to change their request for closing hours of operation on Friday and Saturday, from 10:00 PM to 12:00 AM (midnight). B.M. Winters, 16941 Red Rock Circle, questioned staff as to the number of games they would be allowed to have. Staff explained to Ms. Winters that up to, but not exceeding four (4) games would be allowed if the request was approved this evening. Staff also explained that if the applicant wished to add additional games they must submit an application, for such, to the City and a public hearing would held to determine if they would be permitted. THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 94-35 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 -CONDITIONAL USE PERMIT NO. 94-35: Conditional Use Permit No. 94-35 for the establishment, maintenance and operation of a restaurant with sales of beer and wine 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 Conditional Use Permit No. 94-35 will not adversely affect the General Plan of the City of Huntington Beach. The restaurant with sales of beer and wine is consistent with the goals and objectives of the General Commercial Land Use designation of the General Plan. ZA Minutes 01/18/95 2 (MIN0118) SPECIAL CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 94-35: The site plan, floor plans, and elevations received and dated November 14, 1994, shall be the conceptually approved layout, with the following modification: a. That a maximum of four (4) video games shall be permitted in the restaurant. 2. That the hours of operation for the restaurant shall be from 11:00 AM to 9:00 PM Sundays through Thursdays, and 11:00 AM to 12:00 AM, Fridays and Saturdays. 3. All signs are subject to a separate building permit and have not been reviewed under this application. 4. All applicable Public Works fees shall be paid prior to issuance of building permits. The applicant/owner shall be responsible for payment of Traffic Impact fees prior to issuance of a Certificate of Occupancy and/or final building permit approval. 6. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 7. Fire Department Requirements: a. Automatic sprinkler systems shall be installed throughout to comply with Huntington Beach Fire Department to Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. b. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. c. Address numbers shall be installed to comply with City Specification #428. The numbers on the building shall be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. d. Exit signs and exit path markings shall be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. e. An automatic fire protection system shall be required for commercial cooking equipment. INFORMATION ON SPECIFIC CODE REQUIREMENTS l . 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 01/18/95 3 (MIN0118) 3. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 4. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. The Zoning Administrator reserves the right to revoke Conditional Use Permit 94-3 5 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM NO.2 - SPECIAL SIGN PERMIT NO.94-3 Applicant: Steven C. Nicholson PO Box 2442 Newport Beach, CA 92659 :Property Owner: Leslie L. Nicholson PO Box 1854 Newport Beach, CA 92659 Request: To allow existing sign faces to remain on a non conforming 21.5 foot high, 112.5 square foot freestanding pole sign for "Auto Magic Muffler", "Beach Flooring" and "Frank's Radiator", pursuant to Section 9610.7 of the Huntington Beach Ordinance Code. Location: 18361 Beach Boulevard Kelli Klan, staff planner, stated that this request was a result of a Code Enforcement citation due to the sign faces being changed without permits. She stated that it was a request to allow existing sign faces to remain on a non conforming 21.5 foot high, 112.5 square foot freestanding pole sign for "Auto Magic Muffler," "Beach Flooring" and "Frank's Radiator," at 18361 Beach Boulevard, pursuant to Section 9610.7 of the Huntington Beach Ordinance Code. This application has been reviewed and approved with modifications by the Design Review Board. The Design Review Board's modification were designed to bring the request closer to code conformity. The recommendations included allowing the 21.5 foot pole sign and the second freestanding sign south of the site to remain. The current code for corner sites with less than 400 feet of frontage allows one (1) freestanding sign. For the freestanding pole sign it is recommended that it be modified to a maximum of 15 feet high, and 65 square feet in area. That would be achieved by removing the product descriptions on the bottom of the sign. The Design Review Board also recommended that the existing signs have decorative stucco or box pilaster and be placed within landscaping. ZA Minutes 01/18/95 4 (MIN0118) Mike Strange, Zoning Administrator, stated that the sign to the south that reads mufflers and radiators had apparently been put up years ago without permits, and are there because the buildings are tucked away in the rear and hard to see. He asked if the current code would allow any directional signs to alleviate that problem. Staff stated that the code only allows a four (4) square foot directional sign limited to saying "enter" or "exit." Kelli Klan, staff planner, stated that current code allows only one (1) freestanding sign on this site. As the Design Review Board was aware of the restrictions of the site in conjunction to its location to Terry York Ford dealership, and its economic hardships they were willing to compromise and go 15 feet high, 67.5 square feet in area. This recommendation allows twice as much sign area as permitted by code and actually twice as much height. Staff is recommending Design Review Board's recommendation. THE PUBLIC HEARING WAS OPENED. Steven Nicholson, PO Box 2442, Newport Beach, applicant, stated that the Terry York Ford dealership adjacent to their business had banners that interfere with their existing signs, and requested that the Zoning Administrator approve the submitted request. Leslie Nicholson, PO Box 1854, Newport Beach, pays taxes for the subject property. Mr. Nicholson spoke in support of the existing signs remaining. He stated that the signs were professionally designed, they had been maintained in good condition and were in keeping with the commercial signs of the neighborhood. He also stated that in order for the City to receive more sales tax they must allow the business people of this community a chance to sell their product, and to do so adequate signage is necessary THE PUBLIC HEARING WAS CLOSED. SPECIAL SIGN PERMIT NO.94-3 WAS APPROVED BY THE ZONING ADMINISTRATOR AS RECOMMENDED BY THE DESIGN REVIEW BOARD 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 - SPECIAL SIGN PERMIT NO. 94-3: 1. Strict compliance with Article 976 will result in a substantial economic hardship to the applicant, as the businesses located to the rear of the property do not have direct street exposure along Beach Boulevard. 2. The proposed 14.5 foot high, 67.5 square foot sign will not adversely affect other signs in the area, as it is consistent with the height and size of the surrounding signage in the area. 3. The proposed 14.5 foot high, 67.5 square foot sign will not be detrimental to property located in the vicinity of such sign, and will be compatible with the surrounding area, as the sign is consistent with the design, location and size of the adjacent signs within the surrounding area.. ZA Minutes 01/18/95 5 (MIN0118) 4. The proposed sign at 18361 Beach Boulevard will not obstruct pedestrian or vehicular traffic vision, as it does not encroach into the required visual clearance zone. 5. Due to the unique circumstances applicable to the sign, removal or replacement of the sign will result in an economic hardship, as the businesses located to the rear of the property will not have visible signage along Beach Boulevard. 6. The sign will be in keeping with the character of the surrounding neighborhood, as it is consistent with other commercial signage in the area along Beach Boulevard.. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 94-3: 1. The site plan and site elevations received and dated September 1, 1994, shall be the approved layout with the following modifications: a. That the freestanding pole sign (denoted as Sign No. 2 on the site plan) shall be removed within thirty (30) days of the date of approval; b. That the freestanding pole sign shall be reduced to 14.5 feet in height and 67.5 square feet in size and shall contain the sign faces and colors as approved by the City's Design Review Board; c. That the two (2) columns of the sign shall be encased with a stucco finish square section; d. Address numbers shall be attached to column encasement and the letters shall be a minimum of six (6) inches in height; and e. A planter with landscaping shall be installed around the base of the sign. 2. The Zoning Administrator reserves the right to rescind this special sign permit approval in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. INFORMATION ON SPECIFIC CODE REQUIREMENTS The sign 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 01/18/95 6 (MIN0118) THE MEETING WAS ADJOURNED 6:30 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 25, 1995 AT 1:30 P.M. Mike Strange Zoning Administrator /kjl ZA Minutes 01/18/95 7 (MIN0118)