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HomeMy WebLinkAbout1996-05-08MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California 'WEDNESDAY, MAY 8, 1996 - 6:00 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBERS: Susan Pierce, Mary Beth Broeren, Lisa Koch MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.96-22 (COX COMMUNICATIONS) Applicant: JM Consulting Group, Inc. Request: To permit a 55 foot tall Personal Communication System (PCS) cellular telephone monopole and associated support equipment. Location: 15672 Springdale Street (east side of Springdale Street, north of Edinger Avenue) Susan Pierce, project planner, stated that this was a request to permit a 55 foot tall Personal Communication System (PCS) cellular telephone monopole and associated support equipment to be located at the rear of a shopping center at the northeast corner of Springdale Street and Edinger Avenue. The monopole is a new technology that will eventually replace the standard telephone poles connected by wires. The proposed monopole and support equipment will utilize approximately 20 by 20 square feet, all of which will be enclosed by a chain link fence. The Design Review Board reviewed the request and approved the materials for the antennas; however, it was recommended that the six (6) foot high chain link fence with three (3) strands of barb wire be replaced with an eight (8) foot high, green vinyl -coated chain link. It was noted that the applicant has revised the plans to reflect the Design Review Board's recommendation. Ms. Pierce stated that no written or oral communication has been received regarding this application. The proposed facility may obstruct one (1) striped parking space; however, the shopping center has a surplus of parking by one (1) space. It was noted that the cellular telephone monopole does not emit frequencies that would be detrimental to the neighborhood. Staff recommended approval of this request. May 8, 1996 Zoning Administrator Meeting Minutes Page 2 Herb Fauland, Zoning Administrator, questioned whether or not the request for 55 feet was covered under the conditional use permit to exceed the base height in the subject district. Ms. Pierce stated that the base height in the subject district was 50 feet; however, the Zoning Administrator may, by conditional use permit, allow the exceeded height. Mr. Fauland questioned what color the monopole would be. Ms. Pierce stated that the monopole would be of a metal color to match the surrounding light standards. In addition, Mr. Fauland recommended that there be a condition of approval insuring that no parking spaces would be lost as a result of this facility. THE PUBLIC HEARING WAS OPENED. Ed Gala, applicant, was present and stated that he concurred with Ms. Pierce and would 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.96-22 WAS CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR AS SUBMITTED WITH THE FINDINGS AS OUTLINED BY STAFF. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. .FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.96-22: Conditional Use Permit No. 96-22 for the establishment, maintenance and operation of a 55 foot tall Personal Communication System (PCS) cellular telephone monopole and associated equipment 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. a. The PCS facility will be setback 50 feet from residential along the rear of an existing commercial center and is located in the vicinity of other utility poles that provide telephone, television and electrical service to surrounding properties. b. The cellular communications facility's broadcasting frequencies will not interfere with television, radio, emergency public service transmissions, cordless telephones, ham operators or other assigned Federal Communications Commission (FCC) frequencies. c. Cellular transmissions do not interfere with other electrical devices such as pacemakers, wire line telephones or other household appliances. d. The PCS facility will not generate any noise, traffic or other impacts which would be detrimental to surrounding properties. (g:za:min:0508) May 8, 1996 Zoning Administrator Meeting Minutes Page 3 e. The PCS facility installation will not reduce required parking spaces for the commercial center. 2. The granting of Conditional Use Permit No. 96-22 will not adversely affect the General Plan of the City of Huntington Beach because it provides a community facility for the public's health, safety and welfare that will be used as a communications system for use by persons living or working in the city. 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. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 96-22: The site plan and elevations received and dated May 3, 1996 shall be the conceptually approved layout. 2. The use shall comply with the following: a. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 3. Prior to final building permit approval, all building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 4. The Zoning Administrator shall be notified in writing if any changes in height, setbacks or building elevations 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 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. Construction shall be limited to Monday through Saturday, 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and federal holidays. (g:za:min:0508) May 8, 1996 Zoning Administrator Meeting Minutes Page 4 4. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-22 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. ITEM 2: RECONSIDERATION OF COASTAL DEVELOPMENT PERMIT NO. 96-10 / CONDITIONAL USE PERMIT NO. 96-14 (SUNSET GRILL AND CAFE) Applicant: Ali Cetin Request: Reconsideration of the approval of outdoor dining in conjunction with Sunset Grill and Cafe. The outdoor dining has been approved on private property. Reconsideration of outdoor dining on public property is requested. Location: 200 Main Street, Suite 105 (east side of Main Street, approximately 140 feet north of Walnut Avenue) Mary Beth Broeren, project planner, stated that a request for outdoor dining in conjunction with Sunset Grill and Cafe was originally considered by the Zoning Administrator on April 10, 1996. The Zoning Administrator approved outdoor dining on private property but denied the request for outdoor dining on public property due to concerns such as interference with automobiles parked in the adjacent parking stalls and because the subject portion of Main Street was not constructed with the intent to have dining in the public right-of-way. Subsequently, the applicant has requested a reconsideration by the Zoning Administrator regarding the dining in the public right- of-way. More specifically, the applicant has requested that outdoor dining be permitted within the public right-of-way when that section of Main Street is closed to vehicular traffic. Community Services has indicated that in addition to the Farmers Market, which operates each Friday afternoon, the given portion of Main Street is closed to vehicular traffic twice per year for the Downtown Merchants Arts and Crafts Fair as well as on Halloween. It was noted that Fourth of July may induce a closure also. Community Services recommended and staff concurs that outdoor dining is feasible in the public right-of-way when the subject portion of Main Street is closed to vehicular traffic for the Farmers Market, Downtown Merchants Arts and Crafts Fair, and Halloween but not on Fourth of July due to the amount of pedestrian traffic that is generated. Ms. Broeren stated that should the Farmers Market be relocated to another area in downtown Huntington Beach, Sunset Grill and Cafe would only be permitted to have outdoor dining within 'the public right-of-way during the Downtown Merchants Arts and Crafts Fair and Halloween. Recommended conditions of approval include a license agreement between the applicant and the City, as well as the previously imposed conditions from the April 10, 1996, Zoning Administrator hearing. Herb Fauland, Zoning Administrator, questioned whether or not a condition could be structured to clearly state the days in which dining in the public right-of-way was permitted. Ms. Broeren stated that a condition will be imposed that clearly states the days permitted. Mr. Fauland recommended that the condition state, "City approved street closures in conjunction with City approved events." (g:za:min:0508) May 8, 1996 Zoning Administrator Meeting Minutes Page 5 THE PUBLIC HEARING WAS OPENED. Martin Jaconi, representative for the applicant, was present and requested input from the Zoning Administrator regarding private property outdoor dining in front of an adjacent business. Mr. Fauland stated that it was not the appropriate time to discuss the matter due to the fact that such a request would require a separate application. Ali Cetin, applicant, was present and stated that it has been very difficult to keep his business open due to the high cost of rent and the intense competition from other restaurants that currently have outdoor dining. Mr. Cetin requested approval of the application and noted that he would 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. RECONSIDERATION OF COASTAL DEVELOPMENT PERMIT NO.96-10 / CONDITIONAL USE PERMIT NO. 96-14 WAS CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR AS SUBMITTED WITH THE FINDINGS AS OUTLINED BY STAFF. 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. 96-10: 1. The request to permit outdoor dining in conjunction with Sunset Grill and Cafe on private property and on public property when the second block of Main Street is closed to vehicular traffic for City approved events 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 (8) foot clear passage area. 2. Coastal Development Permit No. 96-10 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 on private property and on public property when the second block of Main Street is closed to vehicular traffic for City approved events 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, and comply with other outdoor dining standards. 3. At the time of occupancy, the outdoor dining on private property and on public property when the second block of Main Street is closed to vehicular traffic for City approved events 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:0508) May 8, 1996 Zoning Administrator Meeting Minutes Page 6 4. The outdoor dining on private property and on public property when the second block of Main Street is closed to vehicular traffic for City approved events 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.96-14: Conditional Use Permit No. 96-14 for the establishment, maintenance and operation of outdoor dining on private property and on public property when the second block of Main Street is closed to vehicular traffic for City approved events in conjunction with Sunset Grill and Cafe 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 use of public property for the outdoor dining will only occur when the second block of Main Street is closed to vehicular traffic for specific events. Thus, there will not be a conflict or safety concern for patrons of the restaurant with motorists and vehicles. 2. The granting of Conditional Use Permit No. 96-14 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor dining use on private property and on public property when the second block of Main Street is closed to vehicular traffic for City approved events 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 on private and public property conforms with the thresholds established in the Downtown Specific Plan. The restaurant area for Sunset Grill and Cafe is 1,462 square feet. Per standards in the Downtown Specific Plan, the restaurant can have 292 square feet for outdoor dining without requiring additional parking. Sunset Grill and Cafe proposes 118 square feet on private and public property; thus, no additional parking is needed. SPECIAL CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 96-10/CONDITIONAL USE PERMIT NO. 96-14: 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; (g:za:min:0508) May 8, 1996 Zoning Administrator Meeting Minutes Page 7 b. a 76 square foot area shall be permitted for outdoor dining on private property and a 42 square foot area shall be permitted for outdoor dining on public property; and c. temporary cordons shall be installed in locations indicated on Exhibit A. 2. The outdoor dining use shall comply with the following: a. The outdoor dining on public property shall only be allowed in conjunction with the following events when the second block of Main Street is closed to vehicular traffic: i. Farmers Market ii. Downtown Merchants Arts/Crafts Fair iii. Halloween b. a minimum eight (8) foot clear passage area free of obstruction shall be maintained at all times for pedestrian access. c. hours of operation for the outdoor dining area shall be consistent with those of the restaurant; d. the tables and chairs shall be white. Any change in colors, materials or the addition of umbrellas shall be subject to review and approval by the Department of Community Development prior to modification; e. all features of the outdoor dining (e.g., tables, chairs) shall be maintained in a neat and clean manner; f. all features of the outdoor dining shall be compatible with the exterior color scheme of the building; g. the outdoor dining shall be operated in conjunction with the restaurant located at 200 Main Street, Suite 105; h. tables and chairs shall not block occupancy exits (FD); i. the outdoor dining features shall not project into the required passage area or access paths; j. the temporary cordon shall be a minimum of 36 inches and a maximum of 42 inches in height; and k. the outdoor dining on public property shall 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 and approved within 30 days of this approval action (by June 7, 1996). The cordons shall be installed within 60 days of their approval by the Community Development Department. 4. All outdoor dining features including but not limited to tables, chairs, and umbrellas shall be removed when not in use. (g:za:min:0508) May 8, 1996 Zoning Administrator Meeting Minutes Page 8 5. The applicant shall enter into a license agreement for the outdoor dining on public property 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 June 21, 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 August 12, 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: 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 alcohol sales or consumption shall be permitted on public property. 4. There shall be no sales to motorists or persons in vehicles. 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. The applicant shall provide a public liability insurance policy by June 24, 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 96-10 / Conditional Use Permit No. 96-14 if any violation of these conditions of the Huntington Beach Local Coastal Program occurs. THE MEETING WAS ADJOURNED AT 7:00 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MAY 15, 1996. I . -A - -I, Herb Fauland Zoning Administrator (g:za:min:0508)