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HomeMy WebLinkAbout1996-08-14MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, AUGUST 14, 1996 - 1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBERS: Susan Pierce, Mary Beth Broeren, Esther Baker (Recording Secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO. 96-6R (TACO BELL) Applicant: Tom D. Luther, Jodika Enterprises, Inc. Request: To replace the non -audible drive-thru ordering system (previously required under Conditional Use Permit No. 88-57) with a new non -audible system. Location: 818 Pacific Coast Highway (at Ninth Street) Project Planner: Susan Pierce Susan Pierce, project planner, reported that the applicant had previously requested to replace the audible system with a two-way system in which a store operator would verbally confirm an order. That request was denied by the Zoning Administrator because of possible noise impacts to surrounding properties and the submittal of a noise analysis that was insufficient. Ms. Pierce presented photographs of the surrounding uses in the vicinity. The applicant has re -submitted a proposal that would use a different ordering system. The applicant has indicated that this system can be equipped with a device that can turn off the confirmation speaker and that the confirmation order will be displayed in video form. If the equipment can be installed in this way, staff recommends approval of this system. This would be consistent with our general plan which provides policies to protect the noise sensitive uses in the surrounding area. Staff recommends a condition of approval that the ordering system not be installed or be activated until the applicant submits proof that the confirmation system has been omitted or deactivated and that the restaurant continue to comply with all applicable conditions of the Conditional Use Permit that was granted in 1988 for the drive-thru facility. Herb Fauland, Zoning Administrator asked if there were any additional noise studies prepared to verify compliance with the noise ordinance. Ms. Pierce replied that no additional noise studies had been prepared. Mr. Fauland asked what occurs if a person places an order and it is incorrect. Ms. Pierce responded that the customer would review the order on the screen and would be able to reorder. Mr. Fauland asked if there had been any additional reviews regarding the location of this ordering system. Ms. Pierce referred the question to the applicant. THE PUBLIC HEARING WAS OPENED. Tom Luther, Jodika Enterprises, Inc., stated that the new ordering system is a very sound - sensitive device and that the customers should not have to yell into the system. He stated that a screen would be available for the customers to review their orders. There will be instruction on the screen that if the order is correct, the customer should drive forward. If the order is not correct, the customer can replace the order and review it again. Taco Bell has asked the manufacturer to de -install the outside speaker, which they will document. Therefore, the applicant did not believe that additional noise studies were necessary or the review of alternative locations for the ordering system. Michael Thompson, owner of the apartments directly behind Taco Bell, stated that he appreciates the extra efforts of Taco Bell to find a non -audible system. The goal is to have no amplified conversation back from the person receiving the orders. He expressed concern regarding high volume radios and the possibility that the customer would have to speak louder over the noise. He noted that the proposed system is a vast improvement over previous systems that have been reviewed. Gigi Tourmin, adjacent resident, stated that she had invested $10,000.00 in glass for noise protection and has a lot of noise coming from the site. Nan Patel, Quality Inn, reported that he continues to have noise issues with Taco Bell. Mr. Patel stated that he would want the new system to be quiet. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland stated that the proposed system addresses several issues and appears to satisfy the owner of the apartments to the north. He noted concern over possible impacts and compliance with the noise ordinance and therefore recommended that a 90-day review of the system take place after installation. If problems occur, the issue shall be set for hearing. CONDITIONAL USE PERMIT NO.96-6R WAS CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR AS SUBMITTED BY THE APPLICANT WITH THE FINDINGS AND MODIFIED CONDITIONS OF APPROVAL AS OUTLINED BY STAFF. HE STATED THAT THE ACTION TAKEN BY THE ZONING ZA Minutes - August 14, 1996 1 2 (min81496) ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 96-6R: Conditional Use Permit No. 96-6R for the replacement of a non -audible drive-thru ordering system with a new non -audible system will not be detrimental to the general welfare of persons residing or working in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The new system will not have a speaker for outgoing messages connected to the system; it will utilize a video confirmation system. There is no anticipated increase in ordering system noise anticipated. 2. The granting of Conditional Use Permit No. 96-6R will not adversely affect the General Plan of the City of Huntington Beach. The proposed non -audible ordering system is consistent with the goals and objectives of the Noise Element of the General Plan to protect Huntington Beach residents, employees, visitors, and noise sensitive uses from the adverse impacts created by excessive noise levels from stationary and ambient sources. The proposed audio -video ordering system is non -audible and does not create significant noise spillover/encroachment into adjoining residential neighborhoods and noise sensitive uses. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 96-6R: The proposed non -audible ordering system (model #DTCS 840) received and dated July 16, 1996, shall be the conceptually approved layout with the following modification: a. The confirmation speaker shall not be installed or shall be deactivated. 2. The restaurant use shall comply with all other applicable conditions of Conditional Use Permit No. 88-57. 3. Prior to issuance of building permits or use of the non -audible ordering system, the applicant shall submit proof that the confirmation speaker has been omitted or deactivated. 4. The applicant shall notify the Community Development Department the day that the system is installed. 5. A review of the use shall be conducted by the Zoning Administrator, with a public hearing, within ninety (90) days of installation. Ten days prior to the hearing, the applicant shall submit documentation indicating that the proposed ordering system noise level is equal to ZA Minutes - August 14, 1996 3 (min81496) or less than the existing system and that the proposed system complies with Chapter 8.40, Noise Control, of the Huntington Beach Municipal Code. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1, 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. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-6R if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. ITEM 2: CONDITIONAL USE PERMIT NO. 96-56 (PICK UP STIR) Applicant: Pick Up Stix, California Incorporated Request: To permit beer and wine sales at an existing restaurant. Location: 5145 Warner Avenue (Meadowlark Plaza) Project Planner: Susan Pierce Susan Pierce, project planner, presented a site plan of the Meadowlark Plaza. Pick Up Stix operates at the end of one building and is requesting permission to sell beer and wine with their food service. They have made a concurrent application to the Alcohol Beverage Control Board. Staff has reviewed the project in relation to sensitive uses in the vicinity. The site is located over 300 feet from residential and public areas to the North, East and West. There are some residences to the south; however, Warner Avenue does separate the two uses. Staff does not believe that the selling of beer and wine is going to be a detriment to any of the surrounding properties or businesses. Staff recommends approval of the application with the condition that the applicant submit a copy of the final license from ABC and that they not sell any alcoholic beverages in the area in front of the store or the courtyard. THE PUBLIC HEARING WAS OPENED. Bill Beckett, Pick Up Stix, stated that they are not allowed to sell beverages in the front of the store or patio and concurred with the conditions of approval. ZA Minutes - August 14, 1996 4 (min81496) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 96-56 WAS CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR AS SUBMITTED BY THE APPLICANT WITH THE FINDINGS AND CONDITIONS OF APPROVAL 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. 96-56: Conditional Use Permit No. 96-56 for the establishment of beer and wine sales at an existing restaurant 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 because: a. The existing restaurant is located a minimum of 300 feet from residential, public - semipublic, and other sensitive uses to the north, west, and south, and separated from these types of sensitive uses to the south by Warner Avenue. b. The beer and wine sales are secondary to the restaurant business. 2. The granting of the conditional use permit to permit beer and wine sales will not adversely affect the General Plan of the City of Huntington Beach. It is consistent with the Land Use Element designation of Mixed Use on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU1 - Achieve development that maintains or improves the city's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. b. LU7 - Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. C. LU10 - Achieve the development of a range of commercial uses. d. LU10.1.9 - Continue to control the location and amount of alcohol sales ... based on proximity to residences, schools, religious facilities, and parks.... 3. The restaurant use complies with the provisions of the base district and other applicable provisions in Titles 20-25 and the proposed beer and wine sales will comply with any specific condition required in the district in which it is located. ZA Minutes - August 14, 1996 5 (min81496) SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 96-56: 1. The site plan, floor plans, and elevations received and dated July 17, 1996 shall be the conceptually approved layout. 2. Prior to alcoholic beverage sales, the applicant shall submit a copy of the approved Alcohol Beverage Control (ABC) license to the Department of Community Development for inclusion in the entitlement file. 3. Alcohol beverages shall not be permitted on the sidewalk area in front of the business or on the courtyard area. INFORMATION ON SPECIFIC CODE REQUIREMENTS: The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-56 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. THE MEETING WAS ADJOURNED AT 1:50 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, AUGUST 21, 1996. Herb Fauland Zoning Administrator ZA Minutes - August 14, 1996 6 (min81496)