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HomeMy WebLinkAbout1995-01-25MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JANUARY 25, 1995 - 1:30 P.M. ZONING ADM NISTRATOR: Michael Strange STAFF MEMBER: Jane Madera MINUTES: The November 16 & 23, 1995 Minutes were approved. ITEM NO. 1 - CONDITIONAL USE PERMIT NO. 94-44 Applicant/ Property Owner: Mont Williamson 9471 Molokai Huntington Beach, CA 92646 Request: CUP: To permit the construction of a six (6) foot tall slumpstone wall within two (2) feet of the front property line (15 foot setback required) and to permit the wall to encroach into the 25 foot by 25 foot corner visibility area pursuant to Chapter 230.88 A. 1. and C. of the Huntington Beach Zoning and Subdivision Ordinance. Location: 9471 Molokai Jane Madera, staff planner, stated that staff was recommending continuance of Conditional Use Permit 94-44 to the February 1, 1995 Zoning Administrator meeting because the,applicant was not notified of the public hearing. CONDITIONAL USE PERMIT NO. 94-44 WAS CONTINUED TO FEBRUARY 1, 1995 MEETING BY THE ZONING ADMINISTRATOR. ITEM NO.2 - CONDITIONAL USE PERMIT 94-43 Applicant: Emmett Purcell 16952 Beach Blvd. Huntington Beach, CA 92647 Property Owner: G&M Oil 15402 Electronic Lane Huntington Beach, CA 92649 Request: To permit the sales of beer and wine at an existing restaurant (Bachelor's Pizza) pursuant to Chapter 211.04 of the Huntington Beach Zoning and Subdivision Code. Location: 16942-16952 Beach Boulevard Jane Madera, staff planner, stated that this request was to permit the sales of beer and wine at an existing restaurant (Bachelor's Pizza), pursuant to Chapter 211.04 of the Huntington Beach Zoning and Subdivision Code Staff stated the restaurant is located at 16942-16952 Beach Boulevard, north of Warner Avenue and east of Beach Boulevard in a retail shopping center. Staff recommended approval of the project as submitted with findings and conditions. THE PUBLIC HEARING WAS OPENED. Emmett Purcell, applicant, was present and responded to Mike Strange's question regarding location of trash at the site. Barbara Fernandez, 16920 "A" Street, stated that there were problems with trash and debris and people drinking in the parking lot. She stated that security guards were not present as required. Mike Strange commented that code enforcement should contact the owners and enforce the conditions of approval regarding the security guards. THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 94-43 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. ZA Minutes - 1/25/95 2 (MIN0125) FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO. 94-43: Conditional Use Permit No. 94-43 for the establishment, maintenance and operation of the beer and wine sales at an existing small restaurant will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The addition of beer and wine sales at an existing restaurant is compatible with other restaurant and retail uses in the shopping center. With the conditions of approval imposed, the beer and wine sales will be compatible with the residential uses across "A' Street at the rear of the property. b. Property and improvements in the vicinity of such use or building. No exterior changes or additional improvements are required in association with the beer and wine sales request. 2. The granting of Conditional Use Permit No. 94-43 will not adversely affect the General Plan of the City of Huntington Beach. The sale of beer and wine is consistent with the goals and objectives of the General Commercial Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 94-43: 1. The site plan, floor plans, and elevations received and dated December 14, 1994, shall be the conceptually approved layout. 2. The seating for the restaurant shall be maintained at 12 seats or less unless a future expansion is approved by the City and the appropriate parking provided. 3. No public access shall be permitted through the rear door on the east side of the building. 4. There shall be no dumping of any refuse (garbage, bottles, etc.) generated by the restaurant after 10:00 PM. Prior to the sale of any alcoholic beverage, the applicant shall submit a copy of the Alcoholic Beverage Control (ABC) license along with any conditions imposed by ABC. Any conditions more restrictive than those listed in CUP 94-43 must be adhered to. 6. The Zoning Administrator shall be notified in writing if any changes in the project description are proposed. ABC license shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require than an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. 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. 4. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 94-43 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ZA Minutes - 1/25/95 3 (MIN0125) ITEM NO.3 - USE PERMIT NO. 94-78/CONDITIONAL EXCEPTION (VARIANCE) NO. 94-39 Applicant: James Neff 19901 Beach Boulevard Huntington Beach, CA 92648 Property Owner: Ming International Group 9202 Ellsworth Drive Huntington Beach, CA 92646 Request: UP: - To permit the expansion of an existing sports bar, The Pen, into an adjacent 1,152 square foot suite and to add four (4) additional pool tables. CE: - To permit a reduction of six (6) required parking spaces. Location: 19901-19905 Beach Boulevard Jane Madera, staff planner, stated that this application is both a use permit and variance request for a business formerly called the Playpen. The request is to expand the existing bar and do interior remodeling, expanding into the adjacent 1,152 square foot suite east of the existing sports bar. The suite was formerly a video store and will be used to add a kitchen and four (4) additional pool tables. Two (2) issues to be considered are compatibility and parking for the expansion suite. There is no opportunity for applicant to provide additional parking. They are requesting a variance and to be excused from providing the additional six (6) spaces. Staff is recommended approval of the request as submitted with findings and conditions. THE PUBLIC HEARING WAS OPENED. Dick Harlow, representing applicant, submitted letters from tenants within the center supporting the request. Alex Adams, 19937 Beach Boulevard, commented that he saw no problem with parking in the center. Mike Strange stated that the only issue was the parking problem and they needed to come up with five (5) additional spaces. Dick Harlow stated that they want to restripe the parking lot and that would allow for the additional spaces. THE PUBLIC HEARING WAS CLOSED. USE PERMIT NO.94-78 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. CONDITIONAL EXCEPTION (VARIANCE) NO. 94-39 WAS DENIED BY THE ZONING ADMINISTRATOR. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. ZA Minutes - 1/25/95 4 (MIN0125) FINDINGS FOR APPROVAL -USE PERMIT NO. 94-78: 1. Use Permit No. 94-78 the establishment, maintenance and operation of the 1,152 square foot expansion and addition of four (4) pool tables will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The expansion of the sports bar into an adjacent suite is compatible with the other office, retail, and restaurant uses in the vicinity. b. Property and improvements in the vicinity of such use or building. With the conditions of approval imposed, all code requirements including providing proper parking will be provided. 2. The granting of Use Permit No. 94-78 will not adversely affect the General Plan of the City of Huntington Beach. The 1,152 square foot expansion is consistent with the goals and objectives of the General Commercial Land Use designation of the General Plan. FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION NO. 94-39: The granting of Conditional Exception No. 94-39 will constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. 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 identical zone classifications. 3. The granting of Conditional Exception No. 94-39 is not necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of Conditional Exception No. 94-39 will be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The granting of Conditional Exception No. 94-39 will adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL -USE PERMIT NO. 94-78: The site plan, floor plans, and elevations received and dated October 6, 1994, shall be the conceptually approved layout with the following modifications: a. An additional five (5) parking spaces shall be provided in compliance with all provisions of Article 960. The plans may depict compact parking at a minimum size of eight (8) feet by 17 feet. The compact spaces shall be distributed throughout the site and no more than 20 percent of the total number of spaces may be compact. (This condition of approval will not apply if the applicant chooses to provide the additional five (5) spaces through a joint use of parking agreement. See Condition No. 3.) ZA Minutes - 1/25/95 5 (MIN0125) 2. A revised site plan shall be submitted depicting the modifications described above. Joint use parking shall require that a Joint Use Parking Agreement, for five (5) parking spaces, be recorded between property owner(s) prior to issuance of permits or occupancy. A copy of the legal instrument shall be approved by the City Attorney as to form and content and, when approved, shall be recorded in the office of the County Recorder. A copy shall be filed with the Department of Community Development. (This condition shall not apply if the applicant chooses to provide the additional six (6) parking spaces by restriping the lot for compact. See Condition No. 1.) 4. Security in and around the exterior of the bar shall be provided as follows: a. A minimum of two (2) security guards shall be provided on Fridays and Saturdays from 8:00 PM to one half (1/2) hour after closing. The security personnel shall be identifiable by a jacket, tee-shirt, or some similar uniform. b. A minimum of one (1) security guard shall be provide Sunday through Thursday from 8:00 PM to one half (1/2) hour after closing. The security personnel shall be identifiable by a jacket, tee-shirt, or some similar uniform. 5. All applicable Public Works fees shall be paid prior to issuance of building permits. 6. 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. 7. Fire Department Requirements: a. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. b. Address numbers will be installed to comply with City Specification #428. The size of the numbers will be the following: 1. 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. C. 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. Including low level exit signs. 8 The business shall comply with Chapter 9.32, Pool and Billiard Halls, of the Huntington Beach Municipal Code. 9. 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. ZA Minutes - 1/25/95 6 (MIN0125) 10. A review of the use shall be conducted by the Community Development Department and Police Department 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 No. 94-48 may become null and void. If, at that time, there are no violations and there have been no major incidents, a second six (6) month review will not be necessary. The number/hours of security guards may be amended subject to the recommendations of the Police Department and a public hearing by the Zoning Administrator. 11. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or landscaping 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. 12. 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. 3. The applicant shall obtain permits from the South Coast Air Quality Management District if necessary. 4. The Zoning Administrator reserves the right to revoke Use Permit 94-78 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED AT P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, Mike Strange Zoning Administrator /kjl ZA Minutes - 1/25/95 7 (MIN0125)