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HomeMy WebLinkAbout1996-02-07MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntineton Beach, California :WEDNESDAY, FEBRUARY 7, 1996 - 6:00 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBERS: Mary Beth Broeren, Lisa Koch MINUTES: January 3, 10, 17, 24 And 31, 1996 Zoning Administrator Meeting Minutes Approved. ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.95-37 COASTAL DEVELOPMENT PERMIT NO.95-12 (CONTINUED FROM 10/11/95) Applicant: B.J.'s Chicago Pizzeria Request: To allow existing outdoor dining in conjunction with B.J.'s Chicago Pizzeria. The dining area is located on private property. Location: 200 Main Street, Unit 101 (northeast corner of Main Street and Walnut Avenue) The applicant was not yet present. Michael Strange, Zoning Administrator, moved to trail Item 41. ITEM 2: CONDITIONAL USE PERMIT NO.95-70 COASTAL DEVELOPMENT PERMIT NO.95-13 (CONTINUED FROM 10/11/95) Applicant: Baskin Robbins Request: To allow existing outdoor dining in conjunction with Baskin Robbins Ice Cream Parlor. The outdoor dining area is located in the public right-of-way. Location: 201 Main Street, Suite B (northwest corner of Main Street and Walnut Avenue) Mary Beth Broeren, project planner, stated that this was a request to permit existing outdoor dining in conjunction with Baskin Robbins Ice Cream Parlor. The outdoor dining area is located in the public right- of-way. According to the Downtown Specific Plan (DTSP), the applicant is required to have an eight (8) February 7, 1996 Zoning Administrator Meeting Minutes Page 2 foot wide passage area, free from obstruction. Because the subject property is located on a corner, the applicant is also required to have a 25 foot by 25 foot triangular area that is also free from obstruction. Ms. Broeren stated that the DTSP stipulates that for the restaurant's size (1,200 square feet), it is allowed to have five (5) tables and 20 seats without having to provide additional parking. The applicant is proposing four (4) tables and less than 20 seats, therefore additional parking is not necessary. Ms. Broeren noted that along Walnut Avenue the tables would be smaller and the chairs would be parallel to the building so as to not project into the required passage area. Ms. Broeren stated that the use will be able to comply with all Code requirements, including the required temporary cordon and the removal of all outdoor dining features when the restaurant is closed. Other Code requirements include a $30.00 application fee for the license agreement (one time fee), a $300.00 annual maintenance fee, and a use fee that is calculated at one (1) penny per square foot per month for the outdoor dining area. Ms. Broeren stated that a sample of the temporary cordon must be brought to the Planning staff for review within 30 days of the end of the appeal period and that it be installed within 60 days of its approval. The cordon must be a minimum 36 inches in height and a maximum 42 inches in height. Regarding signage, it was noted that the Sign Code does not have provisions for signage on outdoor features such as umbrellas, therefore all outdoor dining umbrellas (if any) must be free from logos, etc. The applicant will be given a specified period of time in which to remove the existing umbrellas. The hours of operation for the outdoor dining must be consistent with that of the business. Staff recommended approval of this request. THE PUBLIC HEARING WAS OPENED. Martha Morrow, applicant, stated that Baskin Robbins offers a unique family experience and that continued outdoor dining would enhance the experience. Ms. Morrow addressed concern over no signage being allowed on outdoor dining umbrellas. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.95-70/COASTAL DEVELOPMENT PERMIT NO.95-13 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. ]FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.95-13: The request to permit outdoor dining in conjunction with Baskin Robbins in the public right-of-way conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed outdoor dining will not impact public views or access to coastal amenities. The use complies with the clear passage area provisions of the Downtown Specific Plan and maintains the required eight foot clear passage area in the public right-of-way. 2. Coastal Development Permit No. 95-13 is consistent with the CZ suffix zoning requirements and the Downtown Specific Plan, as well as other provisions of the Huntington Beach Local Coastal Program applicable to the property. The outdoor dining will conform with all applicable City codes. The use will maintain a clear passage area, not exceed the maximum number of tables and seats, provide a cordon for the dining area and comply with other outdoor dining standards. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 3 f1 3. At the time of occupancy, the outdoor dining will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exist to the site. 4. The outdoor dining conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities to coastal amenities will be affected by the outdoor dining. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.95-70: The establishment, maintenance and operation of Conditional Use Permit No. 95-70 for outdoor dining in conjunction with Baskin Robbins in the public right-of-way 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 sidewalk's public use, pedestrian, transit and business services including but not limited to loading zones, bus stops, public phones, and benches are not restricted. There are no transit services that will be affected by the use. Building entryways are not obstructed and handicapped accessibility is provided where required. Pedestrian traffic volumes are not inhibited. An eight (8) foot clear passage area will be maintained free of obstruction. At the intersection of Main Street and Walnut Avenue, a 25 foot by 25 foot triangular area shall be clear passage area. 2. The granting of Conditional Use Permit No. 95-70 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor dining use is consistent with the mixed use land use designation for the property. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in the Downtown Specific Plan, Downtown Design Guidelines and any specific condition required for the proposed use in the district in which it would be located. The use also does not require any additional parking because the total outdoor dining area conforms with the thresholds established in the Downtown Specific Plan. The restaurant area for Baskin Robbins is 1,200 square feet. Per standards in the Downtown Specific Plan, the restaurant can have five (5) tables and 20 seats for outdoor dining without requiring additional parking. Baskin Robbins proposes four (4) tables and 16 seats; thus, no additional parking is needed. SPECIAL CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 95-13/CONDITIONAL USE PERMIT NO.95-70: The attached site plan dated August 1, 1995 (Exhibit A) shall be the conceptually approved layout and shall comply with the following: a. the outdoor dining shall be located only in the areas shown on Exhibit A; b. four (4) tables and 16 seats (the equivalent of 96 square feet) shall be permitted for outdoor dining; c. temporary cordons shall be installed in locations indicated on Exhibit A; and d. a minimum 48 inch access path shall be provided for the disabled to the public way. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 4 2. The outdoor dining use shall comply with the following: a. a minimum eight (8) foot clear passage area free of obstruction shall be maintained at all times for pedestrian access. b. hours of operation for the outdoor dining area shall be consistent with those of the restaurant; c. the tables shall be white. The existing umbrellas with signage shall be removed within 90 days of this approval action (May 13, 1996). The colors and materials of the new umbrellas, if any, shall be reviewed by the Community Development Department prior to installation. Any change in colors or materials shall be subject to review and approval by the Department of Community Development prior to modification; d. all features of the outdoor dining (e.g., tables, umbrellas) shall be maintained in a neat and clean manner; e. all features of the outdoor dining shall be compatible with the exterior color scheme of the building; f. cordons shall be a minimum of 36 inches and a maximum of 42 inches in height; g. the outdoor dining shall be operated in conjunction with the restaurant located at 201 Main Street, Suite B; h. tables and chairs shall not block occupancy exits (FD); i. the use will comply with all provisions of the license agreement; j . chairs on the Walnut Avenue side of the building shall be parallel to the building and not project into the required passage area; and k. all outdoor dining features shall be offset from parking meters, trash receptacles and light standards so that the eight (8) foot passage area is maintained. 3. The applicant shall submit a sample of the temporary cordon to the Department of Community Development for review, approval and inclusion in the entitlement file prior to installation. The sample may consist of a color photo or manufacturer's color brochure and shall be submitted within 30 days of this approval action (by March 20, 1996). The temporary cordons shall be installed within 60 days of their approval by the Community Development Department. 4. The applicant shall enter into a license agreement and pay all applicable fees with the City of Huntington Beach. The applicant shall apply for the license agreement within 30 calendar days of this approval action (by March 20, 1996) and have an approved signed license agreement and pay all applicable fees with the City within 90 calendar days from this approval action (May 13, 1996). A revised site plan shall be submitted to the Department of Community Development depicting the modifications set forth in Condition No. 1 above within 30 days of this approval action (by March 20, 1996). 6. The Zoning Administrator shall be notified in writing if any changes to the outdoor dining features, including number of tables and total area, are proposed. No changes shall be made 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. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 5 INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. The use shall comply with all applicable provisions of the Local Coastal Program, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. No signs, temporary or permanent, shall be permitted in the outdoor dining area or on any of the outdoor dining features, including umbrellas. 4. No alcohol sales or consumption shall be permitted on public property. All outdoor dining features including but not limited to tables, chairs, umbrellas, and temporary cordons, shall be removed when not in use and when the restaurant is closed. 6. There shall be no sales to motorists or persons in vehicles. 7. The applicant shall provide a public liability insurance policy within 60 days of this approval action (April 19, 1996). Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. 8. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 95-13 / Conditional Use Permit No. 95-70 if any violation of these conditions of the Huntington Beach Local Coastal Program occurs. ITEM 3: CONDITIONAL USE PERMIT NO.95-81 COASTAL DEVELOPMENT PERMIT NO.95-26 (CONTINUED FROM 10/11/95) Applicant: David Abu Request: To allow existing outdoor dining in conjunction with Midnite Espresso Cafe. The outdoor dining area is located in the public right-of-way. ]Location: 201 Main Street, Suite D (northwest corner of Main Street and Walnut Avenue, approximately 120 feet west of Main Street) Mary Beth Broeren, project planner, stated that this was a request to permit existing outdoor dining in conjunction with Midnite Espresso Cafe. The outdoor dining area is located in the public right-of-way therefore an eight (8) foot wide passage area is required. The subject business is approximately 1,050 square feet. In order to avoid additional parking requirements, the cafe is limited to a maximum of five (5) tables and 20 seats. It was noted that the applicant is requesting three (3) tables and nine (9) seats, therefore additional parking is not necessary. Ms. Broeren stated that a temporary cordon would be required and that the chairs would be parallel to the building so as to not project into the required passage area. Staff recommended approval of this request. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 6 THE PUBLIC HEARING WAS OPENED. David Abu, applicant, requested that he be able to utilize four (4) tables and eight (8) seats. It was noted that the outdoor dining features would be upgraded. Mr. Abu stated that he would maintain the sidewalk area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.95-81/COASTAL DEVELOPMENT PERMIT NO.95-26 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. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.95-26: 1. The request to permit outdoor dining in conjunction with Midnite Espresso Cafe in the public right- of-way conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed outdoor dining will not impact public views or access to coastal amenities. The use complies with the clear passage area provisions of the Downtown Specific Plan and maintains the required eight foot clear passage area in the public right-of-way. 2. Coastal Development Permit No. 95-26 is consistent with the CZ suffix zoning requirements and the Downtown Specific Plan, as well as other provisions of the Huntington Beach Local Coastal Program applicable to the property. The outdoor dining will conform with all applicable City codes. The use will maintain a clear passage area, not exceed the maximum number of tables and seats, provide a cordon for the dining area and comply with other outdoor dining standards. At the time of occupancy, the outdoor dining will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exist to the site. 4. The outdoor dining conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities to coastal amenities will be affected by the outdoor dining. ]FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.95-81: l . The establishment, maintenance and operation of Conditional Use Permit No. 95-81 for outdoor dining in conjunction with Midnite Espresso Cafe in the public right-of-way 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 sidewalk's public use, pedestrian, transit and business services including but not limited to loading zones, bus stops, public phones, and benches are not restricted. There are no transit services that will be affected by the use. Building entryways are not obstructed and handicapped accessibility is provided where required. Pedestrian traffic volumes are not inhibited. An eight (8) foot clear passage area will be maintained free of obstruction. At the intersection of Walnut Avenue and the alley between Main Street and Fifth Street, a 25 foot by 25 foot triangular area shall be clear passage area. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 7 2. The granting of Conditional Use Permit No. 95-81 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor dining use is consistent with the mixed use land use designation for the property. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in the Downtown Specific Plan, Downtown Design Guidelines and any specific condition required for the proposed use in the district in which it would be located. The use also does not require any additional parking because the total outdoor dining area conforms with the thresholds established in the Downtown Specific Plan. The restaurant area for Midnite Espresso Cafe is 1,051 square feet. Per standards in the Downtown Specific Plan, the restaurant can have five (5) tables and 20 seats for outdoor dining without requiring additional parking. Midnite Espresso Cafe proposes three (3) tables and nine (9) chairs; thus, no additional parking is needed. SPECIAL CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 95-26/CONDITIONAL USE PERMIT NO.95-81: The attached site plan dated September 5, 1995 (Exhibit A) shall be the conceptually approved layout and shall comply with the following: a. the outdoor dining shall be located only in the areas shown on Exhibit A; b. four (4) tables and eight (8) seats (the equivalent of 40 square feet) shall be permitted for outdoor dining; c. temporary cordons shall be installed in locations indicated on Exhibit A; and d. a minimum 48 inch access path shall be provided for the disabled to the public way. 2. The outdoor dining use shall comply with the following: a. a minimum eight (8) foot clear passage area free of obstruction shall be maintained at all times for pedestrian access. b. hours of operation for the outdoor dining area shall be consistent with those of the restaurant; c. Any change in colors or materials to the outdoor dining features shall be subject to review and approval by the Department of Community Development prior to modification; d. all features of the outdoor dining (e.g., tables, umbrellas) shall be maintained in a neat and clean manner; e. all features of the outdoor dining shall be compatible with the exterior color scheme of the building; f. cordons shall be a minimum of 36 inches and a maximum of 42 inches in height; g. the outdoor dining shall be operated in conjunction with the restaurant located at 201 Main Street, Suite D; h. tables and chairs shall not block occupancy exits (FD); i. the use will comply with all provisions of the license agreement; j. chairs shall be parallel to the building and not project into the required passage area; and k. all outdoor dining features shall be offset from the parking meters and light standards so that the eight (8) foot passage area is maintained. 3. The applicant shall submit a sample of the temporary cordon to the Department of Community Development for review, approval and inclusion in the entitlement file prior to installation. The sample may consist of a color photo or manufacturer's color brochure and shall be submitted (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 8 r� within 30 days of this approval action (by March 20, 1996). The temporary cordons shall be installed within 60 days of their approval by the Community Development Department. 4. The applicant shall enter into a license agreement and pay all applicable fees with the City of Huntington Beach. The applicant shall apply for the license agreement within 30 calendar days of this approval action (by March 20, 1996) and have an approved signed license agreement and pay all applicable fees with the City within 90 calendar days from this approval action (May 13, 1996). 5. A revised site plan shall be submitted to the Department of Community Development depicting the modifications set forth in Condition No. 1 above within 30 days of this approval action (by March 20, 1996). The Zoning Administrator shall be notified in writing if any changes to the outdoor dining features, including number of tables and chairs and total area, are proposed. No changes shall be made 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 use shall comply with all applicable provisions of the Local Coastal Program, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. No signs, temporary or permanent, shall be permitted in the outdoor dining area or on any of the outdoor dining features, including umbrellas. 4. No alcohol sales or consumption shall be permitted on public property. 5. All outdoor dining features including but not limited to tables, chairs, umbrellas, and temporary cordons, shall be removed when not in use and when the restaurant is closed. 6. There shall be no sales to motorists or persons in vehicles. 7. The applicant shall provide a public liability insurance policy within 60 days of this approval action (April 19, 1996). Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 95-26 / Conditional Use Permit No. 95-81 if any violation of these conditions of the Huntington Beach Local Coastal Program occurs. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 9 ITEM 4: CONDITIONAL USE PERMIT NO.95-18 COASTAL DEVELOPMENT PERMIT NO. 95-14 (CONTINUED FROM 10/11/95) Applicant: Becky Chen Request: To allow existing outdoor dining in conjunction with China Wok Restaurant. The outdoor dining area is located in the public right-of-way. Location: 209 Main Street (west side of Main Street, 110 feet north of Walnut Avenue) Mary Beth Broeren, project planner, stated that this was a request to permit existing outdoor dining in conjunction with China Wok Restaurant. The outdoor dining area is located in the public right-of-way and will provide an eight (8) foot passage area with a temporary cordon. Ms. Broeren stated that the restaurant is approximately 2,000 square feet. To avoid additional parking requirements, the applicant is limited to 20 percent of the restaurant area for outdoor dining to a maximum of 400 square feet. The outdoor dining area proposed by the applicant is approximately 140 square feet. It was noted that currently the restaurant has umbrellas that read "Coca Cola" over the outdoor dining tables. Ms. Broeren stated that the umbrellas must be replaced to eliminate the signage that is prohibited by the Sign Code. Staff recommended approval of this request. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.95-18/COASTAL DEVELOPMENT PERMIT NO.95-14 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. ]FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.95-14: The request to permit outdoor dining in conjunction with China Wok Restaurant in the public right- of-way conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed outdoor dining will not impact public views or access to coastal amenities. The use complies with the clear passage area provisions of the Downtown Specific Plan and maintains the required eight foot clear passage area in the public right-of-way. 2. Coastal Development Permit No. 95-14 is consistent with the CZ suffix zoning requirements and the Downtown Specific Plan, as well as other provisions of the Huntington Beach Local Coastal Program applicable to the property. The outdoor dining will conform with all applicable City codes. The use will maintain a clear passage area, not exceed the 400 square foot maximum area limit for the tables and seats, provide a cordon for the dining area and comply with other outdoor dining standards. 3. At the time of occupancy, the outdoor dining will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exist to the site. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 10 4. The outdoor dining conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities to coastal amenities will be affected by the outdoor dining. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.95-18: The establishment, maintenance and operation of Conditional Use Permit No. 95-18 for outdoor dining in conjunction with China Wok Restaurant in the public right-of-way 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 sidewalk's public use, pedestrian, transit and business services including but not limited to loading zones, bus stops, public phones, and benches are not restricted. Building entryways are not obstructed and handicapped accessibility is provided where required. Pedestrian traffic volumes are not inhibited. An eight (8) foot clear passage area will be maintained free of obstruction. 2. The granting of Conditional Use Permit No. 95-18 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor dining use is consistent with the mixed use land use designation for the property. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in the Downtown Specific Plan, Downtown Design Guidelines and any specific condition required for the proposed use in the district in which it would be located. The use also does not require any additional parking because the total outdoor dining area conforms with the thresholds established in the Downtown Specific Plan. The restaurant area for China Wok Restaurant is 2,040 square feet. Per standards in the Downtown Specific Plan, the restaurant can have 400 square feet for outdoor dining without requiring additional parking. China Wok Restaurant proposes 140 square feet; thus, no additional parking is needed. SPECIAL CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 95-14/CONDITIONAL USE PERMIT NO.95-18: The attached site plan dated August 24, 1995 (Exhibit A) shall be the conceptually approved layout and shall comply with the following: a. the outdoor dining shall be located only in the areas shown on Exhibit A; b. a 140 square feet area shall be permitted for outdoor dining; c. temporary cordons shall be installed in locations indicated on Exhibit A; and d. a minimum 48 inch access path shall be provided for the disabled to the public way. 2. The outdoor dining use shall comply with the following: a. a minimum eight (8) foot clear passage area free of obstruction shall be maintained at all times for pedestrian access. b. hours of operation for the outdoor dining area shall be consistent with those of the restaurant; c. the tables shall be white and the umbrellas shall be white. Existing umbrellas with signage shall be removed within 90 days of this approval action (May 15, 1996). The colors and materials of the new umbrellas, if any, shall be reviewed by the Community Development (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 11 Department prior to installation. Any change in colors or materials shall be subject to review and approval by the Department of Community Development prior to modification; d. all features of the outdoor dining (e.g., tables, umbrellas) shall be maintained in a neat and clean manner; e. all features of the outdoor dining shall be compatible with the exterior color scheme of the building; f. cordons shall be a minimum of 36 inches and a maximum of 42 inches in height; g. the outdoor dining shall be operated in conjunction with the restaurant located at 209 Main Street; h. tables and chairs shall not block occupancy exits (FD); i. the use will comply with all provisions of the license agreement; and j. the outdoor dining features shall not project into the required passage area or access paths. 3. The applicant shall submit a sample of the temporary cordon to the Department of Community Development for review, approval and inclusion in the entitlement file prior to installation. The sample may consist of a color photo or manufacturer's color brochure and shall be submitted within 30 days of this approval action (by March 20, 1996). The temporary cordons shall be installed within 60 days of their approval by the Community Development Department. 4. The applicant shall enter into a license agreement and pay all applicable fees with the City of Huntington Beach. The applicant shall apply for the license agreement within 30 calendar days of this approval action (by March 20, 1996) and have an approved signed license agreement and pay all applicable fees with the City within 90 calendar days from this approval action (by May 13, 1996). 5. A revised site plan shall be submitted to the Department of Community Development depicting the modifications set forth in Condition No. 1 above within 30 days of this approval action (March 20, 1996). 6. The Zoning Administrator shall be notified in writing if any changes to the outdoor dining features, including number of tables and total area, are proposed. No changes shall be made 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: 1. The use shall comply with all applicable provisions of the Local Coastal Program, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. No signs, temporary or permanent, shall be permitted in the outdoor dining area or on any of the outdoor dining features, including umbrellas. 4. No alcohol sales or consumption shall be permitted on public property. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 12 5. All outdoor dining features including but not limited to tables, chairs, umbrellas, and temporary cordons, shall be removed when not in use. 6. There shall be no sales to motorists or persons in vehicles. 7. The applicant shall provide a public liability insurance policy within 60 days of this approval action (April 19, 1996). Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. 8. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 95-14 / Conditional Use Permit No. 95-18 if any violation of these conditions of the Huntington Beach Local Coastal Program occurs. ITEM 5: CONDITIONAL USE PERMIT NO.95-22 COASTAL DEVELOPMENT PERMIT NO.95-16 (CONTINUED FROM 10/11/95) Applicant: Holly's Yogurt Request: To allow existing outdoor dining in conjunction with Holly's Yogurt. The outdoor dining area is located in the public right-of-way. Location: 213 Main Street (west side of Main Street, approximately 170 feet north of Walnut Avenue) Mary Beth Broeren, project planner, stated that this was a request to permit existing outdoor dining in conjunction with Holly's Yogurt. The outdoor dining area is located in the public right-of-way. Ms. Broeren stated that there is currently no signage on the outdoor dining features. An eight (8) foot wide passage area is required and additional parking is not necessary because this use is below the guidelines in regards to the number of tables and seats provided. The restaurant is requesting the maximum allowed number of tables and seats, five (5) and 20, respectively. Staff recommended approval of this request. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.95-22/COASTAL DEVELOPMENT PERMIT NO.95-16 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. ]FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.95-16: 1. The request to permit outdoor dining in conjunction with Holly's Yogurt in the public right-of-way conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed outdoor dining will not impact public views or access to coastal (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 13 amenities. The use complies with the clear passage area provisions of the Downtown Specific Plan and maintains the required eight foot clear passage area in the public right-of-way. 2. Coastal Development Permit No. 95-16 is consistent with the CZ suffix zoning requirements and the Downtown Specific Plan, as well as other provisions of the Huntington Beach Local Coastal Program applicable to the property. The outdoor dining will conform with all applicable City codes. The use will maintain a clear passage area, not exceed the maximum number of tables and seats, provide a cordon for the dining area and comply with other outdoor dining standards. At the time of occupancy, the outdoor dining will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exist to the site. 4. The outdoor dining conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities to coastal amenities will be affected by the outdoor dining. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95-22: 1. The establishment, maintenance and operation of Conditional Use Permit No. 95-22 for outdoor dining in conjunction with Holly's Yogurt in the public right-of-way 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 sidewalk's public use, pedestrian, transit and business services including but not limited to loading zones, bus stops, public phones, and benches are not restricted. Building entryways are not obstructed and handicapped accessibility is provided where required. Pedestrian traffic volumes are not inhibited. An eight (8) foot clear passage area will be maintained free of obstruction. 2. The granting of Conditional Use Permit No. 95-22 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor dining use is consistent with the mixed use land use designation for the property. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in the Downtown Specific Plan, Downtown Design Guidelines and any specific condition required for the proposed use in the district in which it would be located. The use also does not require any additional parking because the total outdoor dining area conforms with the thresholds established in the Downtown Specific Plan. The restaurant area for Holly's Yogurt is 1,040 square feet. Per standards in the Downtown Specific Plan, the restaurant can have five (5) tables and 20 seats for outdoor dining without requiring additional parking. Holly's Yogurt proposes five (5) tables and 20 seats; thus, no additional parking is needed. SPECIAL CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 95-16/CONDITIONAL USE PERMIT NO.95-22: 1. The attached site plan dated February 24, 1995 (Exhibit A) shall be the conceptually approved layout and shall comply with the following: a. the outdoor dining shall be located only in the areas shown on Exhibit A; (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 14 b. five (5) tables and 20 seats (the equivalent of 147 square feet) shall be permitted for outdoor dining on Main Street; c. temporary cordons shall be installed in locations indicated on Exhibit A; and d. a minimum 48 inch access path shall be provided for the disabled to the public way. 2. The outdoor dining use shall comply with the following: a. a minimum eight (8) foot clear passage area free of obstruction shall be maintained at all times for pedestrian access. b. hours of operation for the outdoor dining area shall be consistent with those of the restaurant; c. the tables shall be white and the umbrellas shall be green. Any change in colors or materials shall be subject to review and approval by the Department of Community Development prior to modification; d. all features of the outdoor dining (e.g., tables, umbrellas) shall be maintained in a neat and clean manner; e. all features of the outdoor dining shall be compatible with the exterior color scheme of the building; f. cordons shall be a minimum of 36 inches and a maximum of 42 inches in height; g. the outdoor dining shall be operated in conjunction with the restaurant located at 213 Main Street; h. tables and chairs shall not block occupancy exits (FD); and i. the use will comply with all provisions of the license agreement. 3. The applicant shall submit a sample of the temporary cordon to the Department of Community Development for review, approval and inclusion in the entitlement file prior to installation. The sample may consist of a color photo or manufacturer's color brochure and shall be submitted within 30 days of this approval action (by March 20, 1996). The temporary cordons shall be installed within 60 days of their approval by the Community Development Department. 4. The applicant shall enter into a license agreement and pay all applicable fees with the City of Huntington Beach. The applicant shall apply for the license agreement within 30 calendar days of this approval action (by March 20, 1996) and have an approved signed license agreement and pay all applicable fees with the City within 90 calendar days from this approval action (May 13, 1996). 5. A revised site plan shall be submitted to the Department of Community Development depicting the modifications set forth in Condition No. 1 above within 30 days of this approval action (by March 20, 1996). 6. The Zoning Administrator shall be notified in writing if any changes to the outdoor dining features, including number of tables and chairs and total area, are proposed. No changes shall be made 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: 1. The use shall comply with all applicable provisions of the Local Coastal Program, Building Division, and Fire Department. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 15 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. No signs, temporary or permanent, shall be permitted in the outdoor dining area or on any of the outdoor dining features, including umbrellas. 4. No alcohol sales or consumption shall be permitted on public property. All outdoor dining features including but not limited to tables, chairs, umbrellas, and temporary cordons, shall be removed when not in use and when the restaurant is closed. 6. There shall be no sales to motorists or persons in vehicles. 7. The applicant shall provide a public liability insurance policy within 60 days of this approval action. Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. 8. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 95-16 / Conditional Use Permit No. 95-22 if any violation of these conditions of the Huntington Beach Local Coastal Program occurs. Michael Strange, Zoning Administrator, moved to act on Item # 1 on the agenda. ITEM 1: CONDITIONAL USE PERMIT NO.95-37 COASTAL DEVELOPMENT PERMIT NO.95-12 (CONTINUED FROM 10/11/95) Applicant: B.J.'s Chicago Pizzeria Request: To allow existing outdoor dining in conjunction with B.J.'s Chicago Pizzeria. The dining area is located on private property. Location: 200 Main Street, Unit 101 (northeast corner of Main Street and Walnut Avenue) Mary Beth Broeren, project planner, stated that this was a request to permit existing outdoor dining in conjunction with B.J.'s Chicago Pizzeria. The dining area is located on private property which requires an eight (8) foot wide passage area with a temporary cordon or a five (5) foot wide passage area with a permanent cordon. Ms. Broeren stated that the applicant has requested the five (5) foot passage area and permanent cordon but that this will necessitate the removal of two (2) tables. Staff recommended that the permanent cordon be a landscaped planter, two (2) feet in height, made of stucco to match the existing building. It was noted that the outdoor dining is located in an area that was designated as public open space when the building was built. The building provides more public open space than was required (9,000 square feet of public open space instead of the required 8,000 square feet); therefore, staff did not think that the outdoor dining would have a significant impact. Moreover, the dining tables cannot be restricted to B.J.'s patrons. The total square footage of the business is 3,425 and the maximum allowable area of outdoor dining space, without requiring additional parking, is 400 square feet. B.J.'s will have approximately 272 square feet of dining area. Staff recommended approval of this request as the applicant will be able to comply with the Downtown Specific Plan. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 16 THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.95-37/COASTAL DEVELOPMENT PERMIT NO.95-12 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. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.95-12: The request to permit outdoor dining in conjunction with B.J.'s Chicago Pizzeria on private property conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed outdoor dining will not impact public views or access to coastal amenities. The use complies with the clear passage area provisions of the Downtown Specific Plan and maintains the required five (5) foot clear passage area with a permanent cordon. 2. Coastal Development Permit No. 95-12 is consistent with the CZ suffix zoning requirements and the Downtown Specific Plan, as well as other provisions of the Huntington Beach Local Coastal Program applicable to the property. The outdoor dining will conform with all applicable City codes. The use will maintain a clear passage area, not exceed the maximum 400 square foot area limit for the table and seats, provide a permanent cordon for the dining area and comply with other outdoor dining standards. 3. At the time of occupancy, the outdoor dining will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exist to the site. 4. The outdoor dining conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities to coastal amenities will be affected by the outdoor dining. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.95-37: The establishment, maintenance and operation of Conditional Use Permit No. 95-37 for outdoor dining in conjunction with B.J.'s Chicago Pizzeria 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 adjoining sidewalk's public use, pedestrian, transit and business services including but not limited to loading zones, bus stops, public phones, and benches are not restricted. Building entryways are not obstructed and handicapped accessibility is provided where required. Pedestrian traffic volumes are not inhibited. A five (5) foot clear passage area will be maintained free of obstruction. 2. The granting of Conditional Use Permit No. 95-37 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor dining use is consistent with the mixed use land use designation for the property. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 17 3. The proposed use will comply with the provisions of the base district and other applicable provisions in the Downtown Specific Plan, Downtown Design Guidelines and any specific condition required for the proposed use in the district in which it would be located. The use also does not require any additional parking because the total outdoor dining area conforms with the thresholds established in the Downtown Specific Plan. The restaurant area for B.J.'s Chicago Pizzeria is 3,425 square feet. Per standards in the Downtown Specific Plan, the restaurant can have 400 square feet for outdoor dining without requiring additional parking. B.J.'s Chicago Pizzeria proposes 272 square feet; thus, no additional parking is needed. SPECIAL CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO 95-12/CONDITIONAL USE PERMIT NO. 95-37: 1. The attached site plan dated May 9, 1995 (Exhibit A) shall be the conceptually approved layout and shall comply with the following: a. the outdoor dining shall be located only in the areas shown on Exhibit A; b. a 272 square feet area shall be permitted for outdoor dining; c. permanent cordons shall be installed in locations indicated on Exhibit A; and d. a minimum 48 inch access path shall be provided for the disabled to the public way. 2. The outdoor dining use shall comply with the following: a. a minimum five (5) feet clear passage area free of obstruction shall be maintained at all times for pedestrian access. b. hours of operation for the outdoor dining area shall be consistent with those of the restaurant; c, the tables shall be green and the umbrellas shall be white. Any change in colors or materials shall be subject to review and approval by the Department of Community Development prior to modification; d. all features of the outdoor dining (e.g., tables, umbrellas) shall be maintained in a neat and clean manner; e. all features of the outdoor dining shall be compatible with the exterior color scheme of the building; f. the outdoor dining shall be operated in conjunction with the restaurant located at 200 Main Street, Unit 101; g, tables and chairs shall not block occupancy exits (FD); h. the use will comply with all provisions of the license agreement; and i. the outdoor dining features shall not project into the required passage area or access paths. 3. The applicant shall submit a plan for the permanent cordon to the Department of Community Development for review, approval and inclusion in the entitlement file prior to installation. The permanent cordon shall be a raised concrete planter no more than two (2) feet high, consistent with the landscape planters on the property. The planters and plant material shall be maintained by the applicant. The plan shall be submitted and approved within 30 days of this approval action (by March 20, 1996). The permanent cordons shall be installed within 60 days of their approval by the Community Development Department. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 18 4. A revised site plan shall be submitted to the Department of Community Development depicting the modifications set forth in Condition No. 1 above within 30 days of this approval action (by March 20, 1996). 5. All outdoor dining features including but not limited to tables, chairs, and umbrellas shall be removed when not in use. The Zoning Administrator shall be notified in writing if any changes to the outdoor dining features, including number of tables and total area, are proposed. No changes shall be made 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 use shall comply with all applicable provisions of the Local Coastal Program, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. No signs, temporary or permanent, shall be permitted in the outdoor dining area or on any of the outdoor dining features, including umbrellas. 4. No alcohol sales or consumption shall be permitted on public property. 5. There shall be no sales to motorists or persons in vehicles. 6. The applicant shall provide a public liability insurance policy within 60 days of this approval action (April 19, 1996). Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. 7. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 95-12 / Conditional Use Permit No. 95-37 if any violation of these conditions of the Huntington Beach Local Coastal Program occurs. ITEM 6: CONDITIONAL USE PERMIT NO.95-23 COASTAL DEVELOPMENT PERMIT NO.95-17 (CONTINUED FROM 10/11/95) Applicant: Sugar Shack Cafe Request: To allow existing outdoor dining in conjunction with the Sugar Shack Cafe. The outdoor dining area is located in the public right-of-way. ]Location: 213 1/2 Main Street (west side of Main Street, approximately 170 feet north of Walnut Avenue) (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 19 Mary Beth Broeren, project planner, stated that this was a request to permit existing outdoor dining in conjunction with Sugar Shack Cafe. The outdoor dining area is located in the public right-of-way. The use is required to provide an eight (8) foot clear passage area. Per the Downtown Specific Plan, the subject use may have a maximum five (5) tables and 20 seats without having to provide additional parking which is what the applicant requested. Staff recommended approval of this request with standard conditions, such as providing temporary cordons to separate the outdoor dining area from the public passage area. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.95-23/COASTAL DEVELOPMENT PERMIT NO.95-17 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. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.95-17: 1. The request to permit outdoor dining in conjunction with Sugar Shack Cafe in the public right-of- way conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed outdoor dining will not impact public views or access to coastal amenities. The use complies with the clear passage area provisions of the Downtown Specific Plan and maintains the required eight foot clear passage area in the public right-of-way. 2. Coastal Development Permit No. 95-17 is consistent with the CZ suffix zoning requirements and the Downtown Specific Plan, as well as other provisions of the Huntington Beach Local Coastal Program applicable to the property. The outdoor dining will conform with all applicable City codes. The use will maintain a clear passage area, not exceed the maximum number of tables and seats, provide a cordon for the dining area and comply with other outdoor dining standards. 3. At the time of occupancy, the outdoor dining will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exist to the site. 4. The outdoor dining conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities to coastal amenities will be affected by the outdoor dining. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.95-23: 1. The establishment, maintenance and operation of Conditional Use Permit No. 95-23 for outdoor dining in conjunction with Sugar Shack Cafe in the public right-of-way 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 sidewalk's public use, pedestrian, transit and business services including but not limited to loading zones, bus stops, public phones, and benches are not restricted. Building entryways are not obstructed and handicapped accessibility is provided where required. Pedestrian traffic volumes are not inhibited. An eight (8) foot clear passage area will be maintained free of obstruction. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 20 2. The granting of Conditional Use Permit No. 95-23 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor dining use is consistent with the mixed use land use designation for the property. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in the Downtown Specific Plan, Downtown Design Guidelines and any specific condition required for the proposed use in the district in which it would be located. The use also does not require any additional parking because the total outdoor dining area conforms with the thresholds established in the Downtown Specific Plan. The restaurant area for Sugar Shack Cafe is 1,085 square feet. Per standards in the Downtown Specific Plan, the restaurant can have five (5) tables and 20 seats for outdoor dining without requiring additional parking. Sugar Shack Cafe proposes five (5) tables and 20 seats; thus, no additional parking is needed. SPECIAL CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 95-17/CONDITIONAL USE PERMIT NO. 95-23: The attached site plan dated February 24, 1995 (Exhibit A) shall be the conceptually approved layout and shall comply with the following: a. the outdoor dining shall be located only in the areas shown on Exhibit A; b. a maximum of five (5) tables and 20 seats (the equivalent of 147 square feet) shall be permitted for outdoor dining on Main Street; c. temporary cordons shall be installed in locations indicated on Exhibit A; d. a minimum 48 inch access path shall be provided for the disabled to the public way; and e. the access way to the crosswalk shall be free of obstruction. 2. The outdoor dining use shall comply with the following: a. a minimum eight (8) foot clear passage area free of obstruction shall be maintained at all times for pedestrian access. b. hours of operation for the outdoor dining area shall be consistent with those of the restaurant; c. the tables shall be white and the umbrellas shall be green. Any change in colors or materials shall be subject to review and approval by the Department of Community Development prior to modification; d. all features of the outdoor dining (e.g., tables, umbrellas) shall be maintained in a neat and clean manner; e. all features of the outdoor dining shall be compatible with the exterior color scheme of the building; f. cordons shall be a minimum of 36 inches and a maximum of 42 inches in height; g. the outdoor dining shall be operated in conjunction with the restaurant located at 213 1/2 Main Street; h. tables and chairs shall not block occupancy exits (FD); and i. the use will comply with all provision of the license agreement. 3. The applicant shall submit a sample of the temporary cordon to the Department of Community Development for review, approval and inclusion in the entitlement file prior to installation. The sample may consist of a color photo or manufacturer's color brochure and shall be submitted (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 21 within 30 days of this approval action (by March 20, 1996). The temporary cordons shall be installed within 60 days of their approval by the Community Development Department. 4. The applicant shall enter into a license agreement and pay all applicable fees with the City of Huntington Beach. The applicant shall apply for the license agreement within 30 calendar days of this approval action (by March 20, 1996) and have an approved signed license agreement and pay all applicable fees with the City within 90 calendar days from this approval action (May 13, 1996). 5. A revised site plan shall be submitted to the Department of Community Development depicting the modifications set forth in Condition No. 1 above within 30 days of this approval action (by March 20, 1996). The Zoning Administrator shall be notified in writing if any changes to the outdoor dining features, including number of tables and chairs and total area, are proposed. No changes shall be made 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 use shall comply with all applicable provisions of the Local Coastal Program, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. No signs, temporary or permanent, shall be permitted in the outdoor dining area or on any of the outdoor dining features, including umbrellas. 4. No alcohol sales or consumption shall be permitted on public property. 5. All outdoor dining features including but not limited to tables, chairs, umbrellas, and temporary cordons, shall be removed when not in use and when the restaurant is closed. 6. There shall be no sales to motorists or persons in vehicles. 7. The applicant shall provide a public liability insurance policy within 60 days of this approval action (April 19, 1996). Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. 8. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 95-17 / Conditional Use Permit No. 95-23 if any violation of these conditions of the Huntington Beach Local Coastal Program occurs. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 22 ITEM 7: CONDITIONAL USE PERMIT NO, 95-67 COASTAL DEVELOPMENT PERMIT NO.95-18 (CONTINUED FROM 10/11/95) Applicant: Joel Faucetta / Alex Lovi Request: To allow outdoor dining in conjunction with Panama Joe's. The outdoor dining area is located in the public right-of-way. Location: 215 Main Street (west side of Main Street, approximately 160 feet south of Olive Avenue) Mary Beth Broeren, project planner, stated that in October of 1995 the applicant for this place of business was Larry Lawrence, operator of the Bread Crumb Restaurant. The Bread Crumb has subsequently relocated and Joel Faucetta and Alex Lovi are now the co -applicants for 215 Main Street. The site plan has not changed. Ms. Broeren stated that it is not yet definite as to what restaurant will be located at this address (Panama Joe's is a potential candidate). This application is a request to allow outdoor dining within the public right-of-way. Per the Downtown Specific Plan, this business may have 20 percent of its restaurant area, the equivalent of 352 square feet, for outdoor dining. The net useable area requested by the applicant is 254 square feet. Standard conditions exist, such as no signage on the outdoor features. Staff recommended approval of this request. THE PUBLIC HEARING WAS OPENED. James Menton, associate of the property owner, was present and stated that Joel Faucetta is no longer the co -applicant for this request. It was noted that Noah's Bagels is the lead candidate for the subject address. Mr. Menton stated that outdoor dining is an essential part of his business plan. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.95-67/COASTAL DEVELOPMENT PERMIT NO.95-18 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. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 95-18: The request to permit outdoor dining in conjunction with Panama Joe's in the public right-of-way conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed outdoor dining will not impact public views or access to coastal amenities. The use complies with the clear passage area provisions of the Downtown Specific Plan and maintains the required eight foot clear passage area in the public right-of-way. 2. Coastal Development Permit No. 95-18 is consistent with the CZ suffix zoning requirements and the Downtown Specific Plan, as well as other provisions of the Huntington Beach Local Coastal Program applicable to the property. The outdoor dining will conform with all applicable City codes. The use will maintain a clear passage area, not exceed the maximum area limit for the (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 23 tables and seats, provide a cordon for the dining area and comply with other outdoor dining standards. 3. At the time of occupancy, the outdoor dining will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exist to the site. 4. The outdoor dining conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities to coastal amenities will be affected by the outdoor dining. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.95-67: 1. The establishment, maintenance and operation of Conditional Use Permit No. 95-67 for outdoor dining in conjunction with Panama Joe's in the public right-of-way 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 sidewalk's public use, pedestrian, transit and business services including but not limited to loading zones, bus stops, public phones, and benches are not restricted. Building entryways are not obstructed and handicapped accessibility is provided where required. Pedestrian traffic volumes are not inhibited. An eight (8) foot clear passage area will be maintained free of obstruction. 2. The granting of Conditional Use Permit No. 95-67 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor dining use is consistent with the mixed use land use designation for the property. The proposed use will comply with the provisions of the base district and other applicable provisions in the Downtown Specific Plan, Downtown Design Guidelines and any specific condition required for the proposed use in the district in which it would be located. The use also does not require any additional parking because the total outdoor dining area conforms with the thresholds established in the Downtown Specific Plan. The restaurant area for Panama Joe's is 1,762 square feet. Per standards in the Downtown Specific Plan, the restaurant can have 352 square feet for outdoor dining (20 percent of restaurant area) without requiring additional parking. Panama Joe's proposes 254 square feet; thus, no additional parking is needed. SPECIAL CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 95-18/CONDITIONAL USE PERMIT NO. 95-67: The attached site plan dated July 27, 1995 (Exhibit A) shall be the conceptually approved layout and shall comply with the following: a. the outdoor dining shall be located only in the areas shown on Exhibit A; b. a maximum 254 square feet shall be permitted for outdoor dining on Main Street; c. temporary cordons shall be installed in locations indicated on Exhibit A; d. a minimum 48 inch access path shall be provided for the disabled to the public way; and e. the access way to the crosswalk shall be free of obstruction. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 24 1 2. The outdoor dining use shall comply with the following: a. a minimum eight (8) foot clear passage area free of obstruction shall be maintained at all times for pedestrian access. b. hours of operation for the outdoor dining area shall be consistent with those of the restaurant; c. the materials and colors of the tables, chairs and umbrellas shall be reviewed and approved by the Department of Community Development. Any change in colors or materials shall be subject to review and approval by the Department of Community Development prior to modification; d. all features of the outdoor dining (e.g., tables, umbrellas) shall be maintained in a neat and clean manner; e. all features of the outdoor dining shall be compatible with the exterior color scheme of the building; f. cordons shall be a maximum of 42 inches in height; g. the outdoor dining shall be operated in conjunction with the restaurant located at 215 Main Street; h. the tables and chairs shall not block occupancy exits (FD); and i. the use will comply with all provisions of the license agreement. The applicant shall submit a sample of the temporary cordon to the Department of Community Development for review, approval and inclusion in the entitlement file prior to installation. The sample may consist of a color photo or manufacturer's color brochure and shall be submitted 30 days prior to using the area for outdoor dining or placing any outdoor dining features in the public right-of-way. 4. The applicant shall enter into a license agreement and pay all applicable fees with the City of Huntington Beach prior to using the area for outdoor dining or placing any outdoor dining features in the public right-of-way. A revised site plan shall be submitted to the Department of Community Development depicting the modifications set forth in Condition No. 1 above within 30 days of this approval action (March 20, 1996). The Zoning Administrator shall be notified in writing if any changes to the outdoor dining features, including number of tables and chairs and total area, are proposed. No changes shall be made 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 use shall comply with all applicable provisions of the Local Coastal Program, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 25 3. No signs, temporary or permanent, shall be permitted in the outdoor dining area or on any of the outdoor dining features, including umbrellas. 4. No alcohol sales or consumption shall be permitted on public property. 5. All outdoor dining features including but not limited to tables, chairs, umbrellas, and temporary cordons, shall be removed when not in use. 6. There shall be no sales to motorists or persons in vehicles. 7. The applicant shall provide a public liability insurance policy prior to using the area for outdoor dining or placing any outdoor dining features in the public right-of-way. Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 95-18 / Conditional Use Permit No. 95-67 if any violation of these conditions of the Huntington Beach Local Coastal Program occurs. Michael Strange, Zoning Administrator, moved to act on Item 49 on the agenda as the applicant for Item #8 was not yet present. ITEM 9: CONDITIONAL USE PERMIT NO.95-88 COASTAL DEVELOPMENT PERMIT NO.95-30 DESIGN REVIEW BOARD NO.95-45 Applicant: Martin Jaconi Request: To permit outdoor dining in conjunction with Joker's. The outdoor dining will be located on private property. The request includes construction of a six (6) foot 10 inch high patio enclosure wall within two and one-half (2 1/2) feet of the property line (five [5] foot setback required). Location: 200 Main Street, Suite IOTA (northeast corner of Main Street and Walnut Avenue, approximately 100 feet east of Main Street) Mary Beth Broeren, project planner, stated that this was a request to permit outdoor dining in conjunction with Joker's. The outdoor dining will be located on private property. The request includes construction of a six (6) foot 10 inch high patio enclosure wall within two and one-half (2 1/2) feet of the property line (five [5] foot setback required). Ms. Broeren stated that the patio enclosure consists of tempered glass. The Design Review Board recommended two conditions: 1) that the framing be anodized aluminum and 2) that the outdoor dining tile floor match, as closely as possible, the existing entryway tile. Per the Downtown Specific Plan, in order to avoid additional parking requirements, the outdoor dining area for this use is limited to 280 square feet. The applicant has requested 105 square feet. It was noted that staff was concerned with the interior dimension of the landscaped planter. Ms. Broeren stated that the outdoor dining area could be narrowed to increase the interior dimension of the landscaped planter. Ms. Broeren also stated that this area was designated as public open space when the building was built. Because an excess of public open space was provided, however, and this area is not usable by the public as it is surrounded by (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 26 a landscape planter, staff did not think the request represented a significant impact. It was also noted that the dining area was in a required landscape area. However, the building provided more landscaping than was originally required and the applicant will provide landscaping around the patio enclosure. Staff recommended approval of this request. Mike Strange, Zoning Administrator, stated that he would support the applicant's request for the narrow interior dimension of the landscaped planter (one [1] foot, nine [9] inches). THE PUBLIC HEARING WAS OPENED. Martin Jaconi, applicant, requested approval of this request. Mr. Jaconi stated that he would provide a workable landscape plan. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.95-88/COASTAL DEVELOPMENT PERMIT NO.95- 30/DESIGN REVIEW BOARD NO. 95-45 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. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.95-30: 1, The request to permit outdoor dining in conjunction with Joker's on private property conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed outdoor dining will not impact public views or access to coastal amenities. The use complies with the clear passage area provisions of the Downtown Specific Plan and maintains the required eight foot clear passage area. 2. Coastal Development Permit No. 95-30 is consistent with the CZ suffix zoning requirements and the Downtown Specific Plan, as well as other provisions of the Huntington Beach Local Coastal Program applicable to the property. The outdoor dining will conform with all applicable City codes. The use will maintain a clear passage area, not exceed the maximum area limit for the tables and seats, and comply with other outdoor dining standards. At the time of occupancy, the outdoor dining will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exist to the site. 4. The outdoor dining conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities to coastal amenities will be affected by the outdoor dining. ]FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.95-88/DESIGN REVIEW ]BOARD NO.95-45: 1, The establishment, maintenance and operation of Conditional Use Permit No. 95-88/Design Review Board No. 95-45 for outdoor dining in conjunction with Joker's and construction of a six (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 27 (6) foot 10 inch patio enclosure within the sideyard setback 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 adjoining sidewalk's public use, pedestrian, transit and business services including but not limited to loading zones, bus stops, public phones, and benches are not restricted. Building entryways are not obstructed and handicapped accessibility is provided where required. Pedestrian traffic volumes are not inhibited. An eight (8) foot clear passage area will be maintained free of obstruction. The public sidewalk area will be separated and buffered from the outdoor dining by a patio enclosure wall. 2. The granting of Conditional Use Permit No. 95-88/Design Review Board No. 95-45 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor dining use is consistent with the mixed use land use designation for the property. The proposed use will comply with the provisions of the base district and other applicable provisions in the Downtown Specific Plan, Downtown Design Guidelines and any specific condition required for the proposed use in the district in which it would be located. The use also does not require any additional parking because the total outdoor dining area conforms with the thresholds established in the Downtown Specific Plan. The restaurant area for Joker's is 1,400 square feet. Per standards in the Downtown Specific Plan, the restaurant can have 280 square feet for outdoor dining (20 percent of restaurant area) without requiring additional parking. Joker's proposes 105 square feet; thus, no additional parking is needed. SPECIAL CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 95-30/CONDITIONAL USE PERMIT NO.95-88/DESIGN REVIEW BOARD NO. 95-45: 1. The attached site plan dated October 6, 1995 (Exhibit A) shall be the conceptually approved layout and shall comply with the following: a. the outdoor dining shall be located only in the areas shown on Exhibit A; b. a 105 square feet area shall be permitted for outdoor dining; c. the patio floor tile shall match, in color, the entry way floor tile; d. the framing material for the glass enclosure shall be coated with anodized aluminum; and e. a minimum 48 inch access path shall be provided for the disabled to the public way. 2. The outdoor dining use shall comply with the following: a. a minimum eight (8) foot clear passage area free of obstruction shall be maintained at all times for pedestrian access. b. hours of operation for the outdoor dining area shall be consistent with those of the restaurant; c. all features of the outdoor dining (e.g., tables, umbrellas) shall be maintained in a neat and clean manner; d. all features of the outdoor dining shall be compatible with the exterior color scheme of the building; e. the outdoor dining shall be operated in conjunction with the restaurant located at 200 Main Street, Suite IOTA; f. tables and chairs shall not block occupancy exits (FD); and g. the use will comply with all provisions of the license agreement. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 28 3. A revised site plan shall be submitted to the Department of Community Development depicting the modifications set forth in Condition No. 1 above within 30 days of this approval action (March 20, 1996). 4. The Zoning Administrator shall be notified in writing if any changes to the outdoor dining area or patio enclosure 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: The use shall comply with all applicable provisions of the Local Coastal Program, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. No signs, temporary or permanent, shall be permitted in the outdoor dining area or on any of the outdoor dining features, including umbrellas and the patio enclosure. 4. No alcohol sales or consumption shall be permitted on public property. 5. There shall be no sales to motorists or persons in vehicles. 6. The applicant shall provide a public liability insurance policy within 60 days of this approval action (April 19, 1996). Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. 7. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 95- 30/Conditional Use Permit No. 95-88/Design Review Board No. 95-45 if any violation of these conditions of the Huntington Beach Local Coastal Program occurs. ITEM 8: CONDITIONAL USE PERMIT NO.95-41 COASTAL DEVELOPMENT PERMIT NO.95-15 (CONTINUED FROM 10/18/95) Applicant: Joe Rivello Request: To establish outdoor dining in conjunction with Pacific Coast Cafe and Ritmos. The outdoor dining area will be located within the public right-of-way. Location: 221 Main Street, Suite A and B (southwest corner of Main Street and Olive Avenue) Mary Beth Broeren, project planner, stated that this was a request to permit outdoor dining in conjunction with Pacific Coast Cafe and Ritmos. The outdoor dining area will be located within the public right-of- (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 29 way. Ms. Broeren stated that the request involves the removal of four (4), on -street public parking spaces. The removal of the parking spaces was approved by City Council with the condition that the property owner pay an in -lieu parking fee of $12,000 per parking space for a total of $48,000, An additional condition by the City Council requires that street improvements be implemented by the property owner. Staff's recommended conditions include that the outdoor dining features not be put into place until the street improvement plans are approved and all of the street improvements are constructed. An eight (8) foot wide access path will be required as is a temporary cordon. Ms. Broeren stated that Pacific Coast Cafe is approximately 4,000 square feet, therefore 20 percent of floor area (up to 400 square feet) may be used for outdoor dining without requiring additional parking. Ritmos is under 1,200 square feet, therefore a maximum five (5) tables and 20 seats may be utilized for outdoor dining without requiring additional parking. Staff recommended approval of this request. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.95-41/COASTAL DEVELOPMENT PERMIT NO. 95-15 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. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.95-15: 1. The request to permit outdoor dining in conjunction with Pacific Coast Cafe and Ritmos in the public right-of-way conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed outdoor dining will not impact public views or access to coastal amenities. The use complies with the clear passage area provisions of the Downtown Specific Plan and maintains the required eight foot clear passage area in the public right-of-way. 2. Coastal Development Permit No. 95-15 is consistent with the CZ suffix zoning requirements and the Downtown Specific Plan, as well as other provisions of the Huntington Beach Local Coastal Program applicable to the property. The outdoor dining will conform with all applicable City codes. The use will maintain a clear passage area, not exceed the area limits for the tables, seats and total square footage, provide a cordon for the dining area and comply with other outdoor dining standards. At the time of occupancy, the outdoor dining will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exist to the site. 4. The outdoor dining conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities to coastal amenities will be affected by the outdoor dining. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.95-41: 1. The establishment, maintenance and operation of Conditional Use Permit No. 95-41 for outdoor dining in conjunction with Pacific Coast Cafe and Ritmos in the public right-of-way will not be (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 30 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 sidewalk's public use, pedestrian, transit and business services including but not limited to loading zones, bus stops, public phones, and benches are not restricted. Building entryways are not obstructed and handicapped accessibility is provided where required. Pedestrian traffic volumes are not inhibited. An eight (8) foot clear passage area will be maintained free of obstruction. 2. The granting of Conditional Use Permit No. 95-41 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor dining use is consistent with the mixed use land use designation for the property. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in the Downtown Specific Plan, Downtown Design Guidelines and any specific condition required for the proposed use in the district in which it would be located. The use also does not require any additional parking because the total outdoor dining area conforms with the thresholds established in the Downtown Specific Plan. The restaurant area for Pacific Coast Cafe is 3,990 square feet and for Ritmos is 1,022 square feet. Per standards in the Downtown Specific Plan, the Pacific Coast Cafe can have 400 square feet and Ritmos can have five (5) tables and 20 seats for outdoor dining without requiring additional parking. Pacific Coast Cafe and Ritmos propose to comply with these code limitations; thus, no additional parking is needed. SPECIAL CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 95-15/CONDITIONAL USE PERMIT NO.95-41: 1. The attached site plan dated May 10, 1995 (Exhibit A) shall be the conceptually approved layout and shall comply with the following: a. the outdoor dining shall be located only in the areas shown on Exhibit A; b. a maximum of five (5) tables and 20 seats shall be permitted for outdoor dining in conjunction with Ritmos and a maximum of 400 square feet for outdoor dining in conjunction with Pacific Coast Cafe; c. temporary cordons shall be installed in locations indicated on Exhibit A; and d. a minimum 48 inch access path shall be provided for the disabled to the public way. 2. The outdoor dining use shall comply with the following: a. a minimum eight (8) foot clear passage area free of obstruction shall be maintained at all times for pedestrian access. b. hours of operation for the outdoor dining area shall be consistent with the restaurants; c. the material and colors of the tables, chairs and umbrellas shall be reviewed by the Department of Community Development. Any change in colors or materials shall be subject to review and approval by the Department of Community Development prior to modification; d. all features of the outdoor dining (e.g., tables, umbrellas) shall be maintained in a neat and clean manner; e. all features of the outdoor dining shall be compatible with the exterior color scheme of the building; f. cordons shall be a minimum of 36 inches and a maximum of 42 inches in height; g. the outdoor dining shall be operated in conjunction with the restaurants located at 221 Main Street, Suites A and B; (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 31 h. seating for customers shall be at least three (3) feet from curb line; i, tables and chairs shall not block occupancy exits (FD); and j. the use will comply with all provisions of the license agreement. 3. The applicant shall submit a sample of the temporary cordon to the Department of Community Development for review, approval and inclusion in the entitlement file prior to installation. The sample may consist of a color photo or manufacturer's color brochure and shall be submitted 30 days prior to using the area for outdoor dining or installing any outdoor dining features. 4. The applicant shall enter into a license agreement and pay all applicable fees with the City of Huntington Beach prior to using the area for outdoor dining or installing any outdoor dining features. A revised site plan shall be submitted to the Department of Community Development depicting the modifications set forth in Condition No. 1 above within 30 days of this approval action (March 20, 1996). 6. The applicant shall submit street improvement plans, prepared by a registered civil engineer, showing all work within City right-of-way to the Department of Public Works for review and approval. An encroachment permit shall be obtained from the Department of Public Works and the improvements shall be constructed prior to installing any outdoor tables or seats (PW). 7. The property owner shall enter into an in lieu parking fee agreement with the City of Huntington Beach for the removal of four (4) parking spaces in the amount of $48,000 ($12,000 per space times four [4] spaces) prior to approval of the street improvement plans. The first installment payment shall be made to the City Treasurer and prior to approval of the street improvement plans. Existing street lighting conduit, street lights, and pull boxes shall be protected in place (PW). The Zoning Administrator shall be notified in writing if any changes to the outdoor dining area or features are proposed. No changes shall be made 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 use shall comply with all applicable provisions of the Local Coastal Program, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. No signs, temporary or permanent, shall be permitted in the outdoor dining area or on any of the outdoor dining features, including umbrellas. 4. No alcohol sales or consumption shall be permitted on public property. (g:za:min:0207) February 7, 1996 Zoning Administrator Meeting Minutes Page 32 5. All outdoor dining features including but not limited to tables, chairs, umbrellas, and temporary cordons, shall be removed when not in use and when the restaurants are closed. 6. There shall be no sales to motorists or persons in vehicles. 7. The applicant shall provide a public liability insurance policy prior to using the area for outdoor dining or installing any outdoor dining features. Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 95-15 / Conditional Use Permit No. 95-41 if any violation of these conditions of the Huntington Beach Local Coastal Program occurs. THE MEETING WAS ADJOURNED AT 7:30 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, FEBRUARY 14, 1996. �A %I �— ��R Michael Strange Zoning Administrator MS:MBB1ek (g:za:min:0207)