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HomeMy WebLinkAbout1996-01-31MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JANUARY 31, 1996 - 1:30 P.M. ,ZONING ADMINISTRATOR: Michael Strange STAFF MEMBERS: Susan Pierce, Mary Beth Broeren, Lisa Koch MINUTES: None ORAL COMMUNICATION: None ITEM 1: COASTAL DEVELOPMENT PERMIT NO.95-42 Applicant: VARIANCE NO. 95-35 Susan DeSantis Request: To permit a 40 foot high personal communications service structure (digital cellular tower) in lieu of 20 foot maximum height and two (2) control units (63 inches high) Location: 21531 Pacific Coast Highway (Beach parking area at Beach Boulevard near The Beach Hut) Susan Pierce, project planner, stated that this was a request to allow a 40 foot high personal communications service structure and two (2) control units to be located at the beach parking area on Beach Boulevard. The property owner is the City of Huntington Beach. Ms. Pierce stated that the property owner has requested that this application be postponed until the City has had further opportunity to establish a policy for such towers on public property. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST. THE PUBLIC HEARING SHALL REMAIN OPEN TO A DATE UNCERTAIN. January 31, 1996 Zoning Administrator Meeting Minutes Page 2 COASTAL DEVELOPMENT PERMIT NO.95-42 / VARIANCE NO.95-35 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO A DATE UNCERTAIN. LEGAL NOTIFICATION FOR THIS APPLICATION'S NEXT HEARING DATE SHALL BE READVERTISED. ITEM 2: CONDITIONAL USE PERMIT NO.95-102 Applicant: J.T.'s Bagel Company Request: To permit outdoor dining in conjunction with J.T.'s Bagel Company. The outdoor dining consists of three (3) tables and nine (9) chairs on the walkway of the shopping center. Location: 5840-A Edinger Avenue (southwest corner of Edinger Avenue and Springdale Street) Mary Beth Broeren, project planner, stated that this was a request to establish outdoor dining at an existing bagel shop located at a shopping center on the southwest corner of Edinger Avenue and Springdale Street. It was noted that this application is the result of Code Enforcement activity. The dining tables have been in place for approximately three (3) years and the applicant was not aware of the City's permit requirement for outdoor dining. Ms. Broeren stated that the proposed use is consistent with the Commercial General zoning for the property and the General Plan. The applicant will be able to comply with all of the Building Code requirements with respect to proper access ways, exit paths and handicapped access. Staff recommended approval of this request with conditions. Staff recommended that the site plan be modified to indicate the subject access ways. In addition, the Building Division is requiring that the applicant apply for a new Certificate of Occupancy and attached to it must be the new site plan to reflect where the dining tables will be as well as the access ways. It was noted that there is ample parking for the use. THE PUBLIC HEARING WAS OPENED. Jim Cleary, applicant, stated that he will comply with all conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.95-102 WAS CONDITIONALLY APPROVED 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. (g:zamin:0131) January 31, 1996 Zoning Administrator Meeting Minutes Page 3 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95-102: 1. Conditional Use Permit No. 95-102 for the establishment, maintenance and operation of the outdoor dining in conjunction with a bagel shop will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. The use will provide required access for entry/exit to the restaurant and along the walkway for pedestrians. The use is also compatible with the other commercial uses in the center. 2. The granting of a conditional use permit for outdoor dining will not adversely affect the General Plan of the City of Huntington Beach. The use is consistent with the General Commercial land use designation on the property. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. The use complies with all aspects of the Zoning Code and has adequate parking. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95-102: 1. The site plan, floor plans, and elevations received and dated January 3, 1996 shall be the conceptually approved layout with the following modifications: a. The following areas shall be depicted on the floor plan: i. A 60 inch by 60 inch clear landing shall be provided at entry door and located 24 inches past the strike edge. ii. A minimum 48 inch access path shall be provided for the disabled. iii. A minimum 44 inch exit path shall be provided between the subject door and the public way. iv. One table must be designated for disabled persons on the site plan. v. The site plan shall show chairs and tables associated with the outdoor dining. 2. A revised site plan shall be submitted to the Department of Community Development depicting the modifications described above. The use shall comply with the following: a. Obstructions shall not be placed in the access path or exit path. b. Existing palms to remain. (g:zamin:0131) January 31, 1996 Zoning Administrator Meeting Minutes Page 4 c. The outdoor dining tables and chairs shall be removed when the restaurant is closed. 4. A new Certificate of Occupancy shall be applied for by the applicant and approved by the Department of Community Development prior to operation of the outdoor dining area. The applicant shall submit the revised site plan with the request. The Zoning Administrator shall be notified in writing if any changes in the site plan are proposed as a result of the Certificate of Occupancy review process. The Certificate of Occupancy 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, 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 the necessary permits from the South Coast Air Quality Management District. 4. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 95-102 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. THE MEETING WAS ADJOURNED AT 1:45 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, FEBRUARY 7, 1996. Michael Strange Zoning Administrator MS:MBB:Iek (g:zamin:0131)