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HomeMy WebLinkAbout1995-03-29MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MARCH 29, 1995 - 1:30 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBER: Jane Madera, Wayne Carvalho, Susan Pierce, Kim Langel MINUTES: None ORAL COMMUNICATIONS - (3 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) ITEM 1: CONDITIONAL USE PERMIT NO.95-8 Applicant: Ageis Consulting Alliance, Inc., 5150 E. La Palma Avenue, #203, Anaheim Hills, CA 92807 Property Owner: Fred S. Morita, 16455 Sierra Street, Fountain Valley, CA 92708 Request: To permit re -alignment of a restaurant drive-thru lane to allow driver side access to the existing drive-thru window. The request includes modifications of the parking and curb layout, new landscaping and irrigation. Location: 6882 Warner Avenue (Carl's Jr. Restaurant) Wayne Carvalho, staff planner, stated that this was a request to permit re -alignment of a restaurant drive-thru lane to allow driver side access to the existing drive-thru window. The request includes modifications of the parking and curb layout, new landscaping and irrigation. The subject site is a Carl's Jr. Restaurant located at 6882 Warner Avenue. Staff stated that the proposed re -alignment was designed to change the circulation to go around the building in a counter clockwise fashion. The Traffic Department stated they could support the request with the condition that a physical separation between the drive aisle and the drive-thru be provided. Planning staff does not support the request because of the subject sites close proximity to Warner Avenue and the stacking problems that may occur. Staff is recommending denial with findings. THE PUBLIC HEARING WAS OPENED. Larry Young, 1200 N. Harbor, Anaheim, representing applicant, stated that they would provide a physical barrier (landscape planter and curbing) between the drive aisle and drive-thru as recommended by the Traffic Department. He stated that they have done a line and motion study for the drive-thru and they feel the results show that stacking problems to Warner Avenue will not occur. Bob Lundgren, adjacent property owner, spoke in opposition of the proposed change. He stated that he was concerned with the safety of the children that may be present in the center, as the new circulation plan brings the cars closer to existing businesses and away from the restaurant. Larry Young, representing applicant, stated that they have an alternative plan to eliminate three (3) parking spaces to open up the back and reconfigure to get the circulation plan closer to the restaurant building. Mike Strange, asked staff if they supported the alternative plan. Staff stated that they did not support the applicant's alternative plan. The main concern would be the stacking that would occur at Warner Avenue. Staff stated that the only supportable alternative would be to relocate the drive-thru window to another area of the building. THE PUBLIC HEARING WAS CLOSED. Mike Strange, Zoning Administrator, stated that he could not support the plan because the constraints of the site do cause traffic and circulation problems. CONDITIONAL USE PERMIT NO.95-8 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 USE PERMIT NO. 95-8: Conditional Use Permit No. 95-8 for the re -alignment of the drive-thru lane to allow driver side access to the existing drive-thru window will be detrimental to: The general welfare of persons residing or working in the vicinity. The re -alignment of the drive-thru will result in increased traffic along the adjacent commercial strip center. b. Property and improvements in the vicinity of such use or building. Back up from parking stalls along the easterly drive aisle and stacking along the reciprocal access easement will restrict the flow of traffic between commercial properties. ZA Minutes - 3/29/95 2 , (MIN0329) 2. The granting of Conditional Use Permit No. 95-8 will adversely affect the General Plan of the City of Huntington Beach. The proposed re -alignment is not consistent with the goals and objectives of the City's General Plan Circulation Element. The stacking for the proposed drive-thru will result in traffic impacts to drive aisles and to Warner Avenue. The location, site layout, and design of the proposed drive-thru lane does not properly adapt the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The stacking for the drive-thru and back up for cars parked along the easterly drive aisle will restrict the flow of traffic between commercial properties. ITEM 2: CONDITIONAL USE PERMIT NO. 95-14 Applicant: Virginia Fay Bartlett, 8402 Tern Circle, Huntington Beach, CA 92646 Property Owner: Pacific Plaza Shopping Center, 7290 Navajo Road, #204, San Diego, CA 92119 Request: To permit a 1,620 square foot restaurant with beer and wine sales. Location: 8863 Adams Avenue Susan Pierce, staff planner, stated that this was a request to permit a 1,620 square foot pizza restaurant with beer and wine sales at 8863 Adams Avenue. Staff stated that there is an overflow of joint parking so parking is not an issue. The issue before the Zoning Administrator is the beer and wine sales and the applicant will need to submit an Alcoholic Beverage Control (ABC) license. The applicant shall obtain any necessary permits from the South Coast Air Quality Management District, to cover fumes and dust emitted from the pizza ovens. Staff is recommending approval with findings and conditions. THE PUBLIC HEARING WAS OPENED. Ken Parson, 550 N. Park Center Drive, #110, Santa Ana, project designer, stated that they support staff s recommendations. He questioned staff as to the South Coast Air Quality Management District requirements. Staff stated that South Coast Air Quality Management District would supply them with a checklist which they must meet before receiving a permit from them. THE PUBLIC HEARING WAS CLOSED. ,ZA Minutes - 3/29/95 3 (MIN0329) CONDITIONAL USE PERMIT NO. 95-14 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.95-14: Conditional Use Permit No. 95-14 for the establishment, maintenance and operation of a 1,620 square foot restaurant with beer and wine sales will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The proposed retail space will provide dining opportunities for persons residing or working in the vicinity. b. Property and improvements in the vicinity of such use or building. There is sufficient parking available for the restaurant and all other commercial uses within the center. 2. The granting of Conditional Use Permit No. 95-14 will not adversely affect the General Plan of the City of Huntington Beach. The 1,620 square foot restaurant with beer and wine sales is consistent with the goals and objectives of the Commercial General designation of the General Plan which promotes and encourages commercial ventures of this nature. SPECIAL CONDITIONS OF APPROVAL: The site plan, floor plans, and elevations received and dated February 8, 1995, shall be the conceptually approved layout. 2. Prior to building permit final, the applicant shall provide: a. One (1) 2A10 B/C fire extinguisher. b. Building address numbers minimum six (6) tall, one and one-half (1-1/2) inch wide. c. Automatic fire protection system for any grease producing commercial heating appliances. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Department of Community Development. Any conditions that are more restrictive than those set forth in this approval shall be complied with. ZA Minutes - 3/29/95 4 (MIN0329) 4. The Zoning Administrator shall be notified in writing if any changes in the floor area 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. 5. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plan check. 6. Exterior signs shall comply with Planned Sign Program No. 91-9. INFORMATION ON SPECIFIC CODE REQUIREMENTS• The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, ordinances, and standards. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 95-14 if any violation of these conditions of the Huntington Beach Municipal Code occurs. 4. The applicant shall obtain any necessary permits from the South Coast Air Quality Management District. ITEM 3: COASTAL DEVELOPMENT PERMIT NO. 94-15/NEGATIVE DECLARATION NO. 94-20 Applicant/ Property Owner: City of Huntington Beach, Department of Public Works, 2000 Main Street Huntington Beach, CA 92648 Request: To permit the construction of a new 4,953 foot long underground storm drain and associated catch basins, junction structure and appurtenances within the public street right-of-way. Location: Within the public street right-of-way at the following locations: 16th Street between Pacific Coast Highway and Walnut Avenue; Walnut Avenue between 16th Street and 17th Street; 17th Street between Walnut Avenue and Palm Avenue. ZA Minutes - 3/29/95 5 (MIN0329) Jane Madera, staff planner, stated that this was a request to permit the construction of a new 4,953 foot long underground storm drain and associated catch basins, junction structure and appurtenances within the public street right-of-way. Phase I of the project will begin at 16th Street between Pacific Coast Highway and Walnut Avenue. Phase II of the project will continue at Walnut Avenue between 16th Street and 17th Street; 17th Street between Walnut Avenue and Palm Avenue. Staff stated that they are recommending approval of the coastal development permit and the negative declaration with mitigation measures. THE PUBLIC HEARING WAS OPENED. Bruce Crosby, Public Works Department, asked staff about the requirements of the negative declaration. Staff explained that if the negative declaration were to be approved by the Zoning Administrator, the Public Works Department would have to send $25.00 to the County for the purpose of posting the negative declaration. THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO. 94-15 AND NEGATIVE DECLARATION NO. 94-20 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 - COASTAL DEVELOPMENT PERMIT NO.94-15: The request to permit the construction of a new 4,953 foot long underground storm drain and abandon the old storm drain conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed underground storm drain will not impact public views or access. During construction, the applicant will provide alternate routes for traffic, construction vehicle routes and warning signage and marking for vehicles, bicyclists, and pedestrians per an approved construction plan. After construction, the storm drain will be permanently underground, with the exception of catch basins, and will have no impact on coastal views or access. 2. Coastal Development Permit No. 94-15 is consistent with the CZ suffix zoning requirements, the Downtown Specific Plan and RMH-A Zoning Districts, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. The proposed development will conform with all applicable City codes. 3. At the time of project completion, the proposed underground storm drain will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. The storm drain will be installed entirely within the public right-of-way, with the exception of above ground catch basins, and all infrastructure currently exist to the site. .ZA Minutes - 3/29/95 6 (MIN0329) 4. The proposed underground storm drain conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. Neither public access nor public recreation opportunities within the coastal area will be impacted by the project. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated October 31, 1995, shall be the conceptually approved layout. 2. Mitigation Measures: a. Earth: During storm drain installation and trench excavation, the applicant shall control fugitive dust by regular watering or covering of soil piles and exposed dirt. b. Air: During storm drain installation, the applicant shall: 1. Use low sulfur fuel (.05%) by weight) for construction equipment. 2. Phase and schedule construction activities to avoid high ozone days (first stage smog alerts). 3. Discontinue installation activities during second stage smog alerts. 4. Maintain equipment engines in proper tune. c. Noise: Equipment used in installing storm drain shall be equipped with double mufflers. All equipment staging areas shall be located away from residential uses whenever possible. d. Noise: Construction activities shall be limited to Monday -Friday 7:00 AM to 5:00 PM whenever possible. Construction may occur on Saturdays from 7:00 AM to 5:00 PM only with prior written approval of the City of Huntington Beach Public Works Director. Construction is prohibited on Sundays and Federal holidays. e. Transportation/Circulation: Prior to installation of storm drain, the applicant shall submit a construction plan for approval by the City's Traffic Division. The plan shall include, at minimum, alternate routes for traffic during storm drain installation, construction vehicle routes and proposed warning signage and marking to provide adequate warning to motor vehicles, bicyclists, and pedestrians. The plan shall be implemented during storm drain installation. f. Transportation/Circulation: Trenches shall not be left open at the end of each day. Trenches which have not been back -filled at the end of the day shall be covered with plates or temporary paving. g. Utilities: Prior to initiation of trenching activities, the applicant shall contact all utility companies to identify where existing lines within the subject rights -of -way are located. The applicant shall notify the companies of trenching activities so that impacts to existing lines and disruption to existing service can be avoided. 3. 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 - 3/29/95 7 (MIN0329) 4. The Public Works Department requirements are: a. A Caltrans permit will be required for all work within Pacific Coast Highway. b. An encroachment permit shall be required for all work within the public right-of-way. The applicant shall maintain Fire Department access to all buildings and fire hydrants during construction. 6. The Zoning Administrator shall be notified in writing if any changes in project description 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. 7. Conditions of approval shall be printed verbatim on the cover sheet of all working drawings submitted for plan check. INFORMATION OF 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 Negative Declaration No. 94-20 and Coastal Development Permit No. 94-15 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED AT PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 5, 1995, AT 6:00 PM. Mike Strange Zoning Administrator kj1 ZA Minutes - 3/29/95 8 (MIN0329)