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HomeMy WebLinkAbout1996-09-11MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING_ ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, SEPTEMBER 11,1996 -1.30 P.M. ZONING ADMINISTRATOR• Herb Fauland STAFF MEMBERS: Jane Madera, Lisa Mercurio, Wayne Carvalho, Mary Beth Broeren, Esther Baker (recording secretary) MINUTES: None ORAL COMMUNICATION• None ITEM 1: CONDITIONAL USE PERMIT NO 96-50 PETITION DOCUMENT: CONDITIONAL USE PERMIT NO.96-50 (TOSH'S MEDITERRANEAN RESTAURANT) APPLICANT: Erdem Denktas REQUEST: To permit an existing 400 square foot outdoor dining patio at Tosh's Mediterranean Restaurant. The application includes a request to permit a six (6) foot high combination plexiglass wall at a 19 foot, four (4) inch setback from Beach Boulevard (maximum 42 inches high or minimum 25 foot setback required). LOCATION: 16871 Beach Boulevard (West of Beach, North of Warner) PROJECT PLANNER: Jane Madera Jane Madera, project planner, presented the staff report and site plans. The applicant is requesting approval of an existing patio that had been built without benefit of permits and is also requesting permission to use the patio for outdoor dining. The conditional use permit is required for the outdoor dining and because the patio wall is within the required front yard set back area. L The patio is 19 feet, four (4) inches from Beach Boulevard; it therefore encroaches into the 25 foot front yard setback area. The Design Review Board reviewed the patio materials and colors and recommended approval with the condition that the existing landscape area be upgraded within one (1) year of approval. This includes landscaping on the north side of the property. The Design Review Board also recommended that the landscaping inside the outdoor dining area be real plants versus artificial. Ms. Madera stated that the usable size of the patio is 600 square feet. According to code, if the patio is over 400 square feet, the applicant must provide additional parking. The applicant proposes to use planters to cover 200 square feet within the usable dining area therefore using only 400 square feet for dining. Staff recommended approval of the request because it is compatible with the surrounding area. Ms. Madera mentioned that she received one faxed letter from an adjacent property owner who is opposed to the outdoor dining area because he feels it blocks visibility for people driving south on Beach Boulevard. Staff recommended the following conditions: .1) building and/or any electrical permits must be obtained within 90 days of approval; 2) no roof, awning or any permanent cover be put on the outdoor dining area, only umbrellas; 3) no painting or advertising be permitted on the plexiglass; 4) no banners be hung on the patio area; 5) provide handicap access to the dining area; and 6) improve landscaping within a one (1) year period. Mr. Fauland asked if the parking area needed to be improved. Ms. Madera indicated that staff did not consider it necessary. Mr. Fauland asked if there was a condition requiring that the material on the top portion of the walls remain clear. Mr. Fauland expressed concern that the applicant may try at some future date to enclose the patio entirely. He asked Ms. Madera to construct a condition to keep the walls clear to address the visibility concerns. THE PUBLIC HEARING WAS OPENED. Erdem Denktas, applicant, responded to the concern about the state of the parking lot. He said that due to insurance requirements, he has made repairs to the parking lot. Regarding the landscaping on the site, he has been fixing the place incrementally and will continue to do so. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland expressed concern that Mr. Denktas built this struct'are without permits. Mr. Denktas responded that his contractor had been in contact with the City, and the City told him that he could build a cement pad and fence not to exceed 42 inches. He went forth with this, but after completion decided that it did not look appzopriate so he continued with the construction. Mr. Fauland reiterated that if any further construction was needed that he must first obtain the proper permits. Mr. Fauland indicated that the proposal as conditioned by staff would be a compatible addition to the building and the Beach Boulevard street scene. ZA Minutes - September 11, 1996 2 (min0911) CONDITIONAL USE PERMIT NO.96-50 WAS CONDITIONALLY APPROVED WITH THE FINDINGS AND CONDITIONS AS OUTLINED BY STAFF. THE ZONING ADMINISTRATOR NOTED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN 10 CALENDAR DAYS TO THE PLANNING COMMISSION. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 6-50• 1. Conditional Use Permit No. 96-50 for the establishment, maintenance and operation of the outdoor dining patio within the front 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 outdoor dining patio is consistent with other retail and restaurant uses in the immediate vicinity. The six (6) foot high wall surrounding the patio is constructed of a combination low brick wall with plexiglass above which maintains visibility through the wall to adjacent properties. In addition, conditions of approval are included which require the clear plexiglass to be maintained free of advertising and covering so that visibility through the wall is always maintained. 2. The granting of Conditional Use Permit No. 96-50 will not adversely affect the General Commercial Land Use designation of the General Plan of the City of Huntington Beach which promotes and encourages a variety of commercial uses in this area. In addition, the conditions of approval require upgrades and proper maintenance to the landscaping along Beach Boulevard. The upgraded landscaping is consistent with the General Plan's urban design goals and policies. 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 with the exception of the six (6) foot high wall within the front setback. However, the six (6) foot high wall within the front setback is also part of this conditional use permit approval. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 96 50• 1. The site plan, floor plans, and elevations received and dated August 22, 1996 shall be the conceptually approved layout with the following modifications: a. Handicapped access per the Uniform Building Code shall be depicted on the plans. b. No artificial planting material shall be depicted on the plans. ZA Minutes - September 11, 1996 3 (min0911) 'LJ 11 2. The use shall comply with the following: a. No roof, awning, permanent or temporary covering, except umbrellas, shall be permitted over the outdoor dining patio. b. No painting or advertising shall be permitted on the walls or plexiglass of the outdoor dining. c. No banners shall be hung on the patio. d. Clear plexiglass, as shown on the approved plan, shall be maintained as long as the outdoor dining patio exists. e. Provide handicapped access per the Uniform Building Code. f. The condition of the property, including landscaping, signs, parking lot, building, outdoor dining area, etc. shall be perpetually maintained in a neat and clean manner. g. Obtain any necessary Building and Electrical Permits within 90 days of final approval (by December 10, 1996). 3. Prior to submittal for building permits, the following shall be completed: a. The plans shall be revised per Condition Number 1 - A. b. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 4. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. A landscape plan shall be reviewed and approved by the Public Works Department and the Community Development Department. The landscape plan shall depict upgrades to all existing landscape planters within the 50 foot setback and within the outdoor dining area. 5. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. ZA Minutes - September 11, 1996 (min0911) 6. The Zoning Administrator shall be notified in writing if any changes in wall height, floor area, setbacks, or wall 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 PE IFIC 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. 3. Construction shall be limited to Monday through Saturday, 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and federal holidays. 4. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-50 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. ITEM 2: CONDITIONAL USE PERMIT NO 96 68 PETITION DOCUMENT: CONDITIONAL USE PERMIT NO.96-68 (BROZ RESIDENCE) APPLICANT: Michael Broz REQUEST: To permit the conversion of an existing family room and bedroom into an accessory dwelling unit with kitchen. LOCATION: 8472 Velvet Circle (North of Adams and West of Newland). PROJECT PLANNER: Jane Madera Jane Madera, project planner, presented the staff report. The application is for conversion of a three-story room addition into an accessory unit. The applicant is applying to add a separate kitchen. There is access to the unit via a staircase in the backyard and from the interior of the residence as well. State law requires local governments to allow single family residences to have an opportunity to apply for a second unit; local government is allowed to regulate these units. Ms. Madera stated that staff recommended approval of the request for several reasons: 1) It ZA Minutes - September 11, 1996 5 (min0911) meets all development standards for an accessory dwelling unit, and is attached to the main dwelling; 2) The entrance is not visible from the street; 3) Only one bedroom is provided in the unit, and the entire unit is less than 650 square feet; and 4) There is one extra space parking allowed. Additionally, the residence needs to remain owner occupied, and the conditions of approval would have to be recorded on the property within a 30-day period. The applicant is also required to pay a park land dedication fee equal to 25 percent of the fee for a single family residence, which is $780.00. Ms. Madera received one phone call regarding this project. The caller asked about who the tenant would be. Ms. Madera reported that there are no restrictions as to who the tenant is and the only restriction is that the house itself be owner occupied and that the second unit not be sold separately from the residence. Mr. Fauland asked who would be living in this unit. Ms. Madera replied that the applicant indicated an existing roommate would be living in the unit. THE PUBLIC HEARING WAS OPENED. Larry Messelt, 8461 Clarkdale, mentioned that he lives behind this property. He expressed concern about different people living there from time to time. Mr. Messelt stated that he is not in support of this project. He said that there are no other residences in this area which have additional units like this and that this is the only home in this area with three stories. Mary McGovern, 8471 Clarkdale, expressed her concern that.the entrance to this proposed unit is in the backyard. She also mentioned that the applicant does not live there; he is only there one day per week. Mike Broz, owner of the property, responded that his roommate is temporarily living with relatives while he is finishing college, and he will return to this property at the end of the year. He also stated that there is no other person living in the house except for the two of them. He explained that his work hours make it seem like he is never at home; he leaves early and returns late. Mr. Broz said that he is not proposing to change use of the property as it is today and that the request will not disturb anyone. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland asked if the internal walls between the units would be closed. Mr. Broz replied that the wall remains open, which is a City requirement. Mr. Fauland asked Ms. Madera if there were going to be any improvements to the exterior the building; Ms. Madera responded that there would be none. Mr. Fauland then reiterated that single family residential units are allowed to have secondary units located within them and that the applicant is in compliance. He also noted that the house does not give the appearance of a second unit. ZA Minutes - September 11, 1996 6 (min0911) CONDITIONAL USE PERMIT NO.96-68 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FINDINGS AND CONDITIONS OF APPROVAL AS RECOMMENDED 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._96.68: Conditional Use Permit No. 96-68 for the establishment, maintenance and operation of the accessory dwelling unit 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 exterior appearance of the residence will not be altered with the provision of the accessory unit, parking for the unit can be provided on - site, and the dwelling will be owner occupied. 2. The granting of Conditional Use Permit No. 96-68 will not adversely affect the Low Density Residential Land Use designation of the General Plan of the City of Huntington Beach. The single family residence is in conformance with the goals and policies of the General Plan and applicable state law regarding accessory dwelling units. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-21 and any specific condition required for the proposed use in the district in which it would be located. The accessory unit meets all code requirements in regards to setbacks, site coverage, building height, access, maximum unit size, parking and design. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.96-68: 1. The site plan, floor plans, and elevations received and dated July 22, 1996 shall be the conceptually approved layout. 2. The use shall comply with the following: a. The main dwelling or the accessory dwelling shall be owner occupied. 3. These conditions of approval shall be filed for record with the County Recorder within 30 days of final approval action (by October 23, 1996). Evidence of such filing shall be submitted to the Director within 30 days of approval. 4. Prior to submittal for any building, plumbing, or electrical permits, the following shall be completed: a. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. ZA Minutes - September 11, 1996 7 (min0911) rj 1 i� 5. Prior to issuance of any building, plumbing, or electrical permits, the following plans and items shall be submitted and/or completed by the applicant: a. A Park Land dedication in -lieu fee assessed at 25 percent (25%) of the fee for a single family dwelling (25% of $3,120.00 = $780.00) shall be paid. 6. Prior to final building, plumbing, or electrical permit approval, the following shall be completed: a. 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. b. Compliance with all conditions of approval specified herein shall be accomplished. 7. Low -volume heads shall be used on all spigots and water faucets. 8. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space 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: 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. 3. Park and Recreation fees at 25% of the fee for a single family residence (25% of $3,120.00 = $780.00) shall be paid prior to issuance of building permits. 4. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-68 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. ZA Minutes - September 11, 1996 (min0911) 0 ITEM 3: TEMPORARY USE PERMIT NO.96-10 PETITION DOCUMENT: TEMPORARY USE PERMIT NO.96-10 (ST. VINCENT DE PAUL CATHOLIC CHURCH) APPLICANT: Reverend Jerome T. Karcher REQUEST: To permit a one (1) day Parish Festival. This annual event will include live entertainment, and game, craft and food booths to be held September 28, 1996 from 10:00 AM - 10:00 PM. LOCATION: 8345 Talbert Avenue (between Beach Boulevard and Newland Street). PROJECT PLANNER: Lisa Mercurio Ms. Mercurio, project planner, presented the staff report. She reported that this is a request to conduct a one (1) day church festival. The applicant estimates there will be 100-200 cars at any one time. There are 185 parking spaces at the site now. There will be a person directing traffic and extra parking at Good Shepherd Cemetery. The stage is screened by a building to protect residences from the noise, and the applicant will have to comply with the noise ordinance. The Police Department requested two (2) security guards and that the alcohol and beverage area be contained. The Fire Department will require permits. Ms. Mercurio reported that she received one (1) phone call from a resident regarding noise levels and the time of operation. Staff recommends approval of the project. Mr. Fauland asked if this is an annual event. Ms. Mercurio responded that it was. He asked if the Police Department or Code Enforcement has noted any problems in the past. He also asked if the applicant obtained a temporary Alcohol and Beverage Control (ABC) Permit. Ms. Mercurio referred the question to the applicant. THE PUBLIC HEARING WAS OPENED. Al Castellano, St. Vincent De Paul Parish, responded that the church has already applied for the temporary ABC permit and has paid all fees. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland confirmed with staff that the location of the stage was strategically located to buffer as much sound as possible from the residents. ZA Minutes - September 11, 1996 9 (min0911) TEMPORARY USE PERMIT NO.96-10 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FINDINGS AND CONDITIONS OF APPROVAL AS RECOMMENDED 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 - TEMPORARY USE PERMIT NO.96-10: 1. Temporary Use Permit No. 96-10 for the establishment, maintenance and operation of the one (1) day Parish Festival 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 event will not block entrances or accessibility and ample parking will be provided. There is limited residential uses adjacent to the site and the majority of the rides and events will be located away from the residential units thus minimizing impacts to this area. 2. The granting of Temporary Use Permit No. 96-10 will not adversely affect the General Plan of the City of Huntington Beach. The use is consistent with the General Plan goal to enrich the quality of life for all citizens of Huntington Beach by providing constructive and creative leisure opportunities. 4. 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 - TEMPORARY USE PERMIT N0.96-10: The site plan, floor plans, and elevations received and dated August 12, 1996 shall be the conceptually approved layout. 2. The hours of operation and entertainment shall comply with the following: a. Hours of operation- 10:00 AM to 10:00 PM b. Hours of live entertainment- 12:00 PM to 10:00 PM 3. The use shall comply with the following: a. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. b. Fire extinguishers shall be provided in number and locations specified by the Fire Department. ZA Minutes - September 11, 1996 10 (min0911) c. The 24 feet Emergency and Fire access lanes shall be maintained during the event. If fire lane violations occur and the services of the Fire Department are required, the applicant shall be liable for expenses incurred. d. Should any electrical devices be involved, any necessary permits shall be obtained from the Building Division prior to the event. e. This action will include necessary permits for temporary signs. f. One identifiable staff or personnel member shall be on -site throughout the entire event to direct traffic into and out of the site and to direct overflow traffic to the available lot at the adjacent cemetery. g. The Huntington Beach Police Department shall be notified 24 hours prior to the event. h. The applicant shall provide two (2) clearly identifiable security guards. They can be your personnel. L All Alcoholic Beverage Control requirements shall be met. j. Beer and wine consumption shall be limited to a specified area which shall be roped off and controlled by church personnel. k. If any permits are required by the State Industrial Safety Division for the operation of any equipment used in conjunction with the amusement rides, the City shall be in receipt of State Certification and permits showing inspection within an one (1) year period, stating that the rides meet all requirements. 1. The applicant shall provide for clean-up of the areas after closing of the event. Clean-up of the site after 10:00 PM shall not include the use of any machinery or equipment that may disturb the residents in the area. All trash, debris and garbage, as well as special dumpsters, shall be removed from the site within two (2) days of closing of the event. in. The event shall comply with Chapter 8.40, Noise Control, of the Huntington Beach Municipal Code. NFORMATION 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. ZA Minutes - September 11, 1996 11 (min0911) 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 Temporary Use Permit No. 96-10 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. ITEM #4: CONDITIONAL USE PERMIT NO.96-48 PETITION DOCUMENT: CONDITIONAL USE PERMIT NO.96-48 (SATELLITE DISH) APPLICANT: Theodore Maruschak REQUEST: To permit an existing satellite dish antenna with a reduced sideyard setback [five (5) feet in lieu of minimum 10 feet] LOCATION: 9021 Oceanwood Drive (north of Atlanta Avenue, east of Magnolia Street). PROJECT PLANNER: Wayne Carvalho Mr. Carvalho, project planner, stated that this project is a result of a code enforcement inquiry and a civil matter involving drainage on to an adjacent property. Mr. Carvalho stated that this is an existing satellite dish. Referring to the site plan, he indicated that there is a four (4) foot easement on the adjacent property which precludes any structures. Staff originally asked the applicant to consider relocating the satellite dish. It appears, however, that its present location is preferred because of constraints in the backyard, and if located on the roof, it would be more visible to the public view. Mr. Carvalho indicated where on the roof the vendor recommended the dish be located in order to receive the best reception. Staff recommended approval to maintain the dish in its present location with findings that the aesthetic value will be preserved and will not create any obstructions, with a condition that the base be screened. No phone calls or written correspondence has been received. Mr. Fauland asked if the dish was attached to a platform below. Mr. Carvalho responded that it was and that the area is used for gardening and tool storage. THE PUBLIC HEARING WAS OPENED. Theodore Maruschak, applicant, stated that there are other satellite dishes in the area that are more prominent than his. ZA Minutes - September 11, 1996 12 (min0911) �l n 0 Mr. Fauland asked if he had looked at locating the dish to any other part of the property. Mr. Maruschak responded that he had and that this was the most feasible location for it. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.96-48 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FINDINGS AND CONDITIONS OF APPROVAL AS RECOMMENDED 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.96-48: Conditional Use Permit No. 96-48 for the establishment, maintenance and operation of the satellite dish antenna at a five foot sideyard setback in lieu of minimum 10 feet 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 satellite dish is located in the rear of the lot, secluded behind the main dwelling's roof pitch, and is setback nine feet from a maintenance easement line and 15 feet away from the adjacent residence. 2. The approved location of the antenna will preserve the aesthetic value and scenic quality of the City. In addition, pedestrian and vehicular traffic vision will not be obstructed. The antenna is located in the least prominent location on the property. Relocation of the dish to other locations on the property will either impact the antennas reception, or create a greater visual impact from the public right-of-way and adjacent properties. 3. The granting of Conditional Use Permit No. 96-48 will not adversely affect the General Plan of the City of Huntington Beach. The satellite dish antenna is consistent with the Residential Low Density Land Use designation of the General Plan. 4. 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 with exception of the reduced sideyard setback as approved under Conditional Use Permit No. 96-48. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 96-48• 1. The site plan, floor plans, and elevations received and dated July 1, 1996 shall be the conceptually approved layout. ZA Minutes - September 11, 1996 13 (min0911) J �I 2. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 3. A building permit shall be obtained within 30 days from the date of final approval (October 23, 1996). Final building permit shall occur within 60 days from the date of final approval (November 22, 1996). 4. The base of the satellite dish shall be screened from public view and from adjoining properties, measured from a six foot height. 5. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space 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• 1. Conditional Use Permit No. 96-48 shall not become effective until the ten (10) day appeal period has elapsed (September 23, 1996). 2. The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, Building Division, and Fire Department except for the deviations approved under this Conditional Use Permit. 3. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 4. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-48 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. ZA Minutes - September 11, 1996 14 (min0911) L� r, ITEM #5: CONDITIONAL USE PERMIT NO 96-61 PETITION DOCUMENT: CONDITIONAL USE PERMIT NO.96-61 (AUTO REPAIR BUSINESS) APPLICANT: Miles Mahan REQUEST: To permit the establishment of an automotive repair business within an existing industrial suite. LOCATION: 18291 Gothard Street, Suite 101 (west side of Gothard, north of Ellis Avenue). PROJECT PLANNER: Wayne Carvalho Mr. Carvalho, project planner, presented the staff report. He provided an overview of the applicant's request and business operation. He noted that there was sufficient on -site parking with a surplus of nine (9) spaces. No phone calls or written correspondence were received. Staff recommended approval with the conditions that all repair work be conducted inside the building and there be no outside storage of vehicles or vehicle parts. THE PUBLIC HEARING WAS OPENED. Miles Mahan, applicant, said that he is very environmentally responsible with oil pickup, and he had been in this business for many years. Mr. Fauland asked him if he was agreeable to the conditions of approval; he stated that he was. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.96-61 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FINDINGS AND CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. ZA Minutes - September 11, 1996 15 (min0911) r NDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 96-61: 1. Conditional Use Permit No. 96-61 for the establishment, maintenance and operation of the automotive repair business within an existing 2400 square foot industrial suite 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 business will be provided with the required number of parking spaces for its use. Furthermore, the property is surrounded by industrial uses preventing any noise impacts to residential properties. 2. The granting of Conditional Use Permit No. 96-61 will not adversely affect the General Plan of the City of Huntington Beach. The automotive repair business is consistent with the Industrial Land Use designation of the General Plan. 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 96-61: 1. The site plan, floor plans, and elevations received and dated July 18, 1996 shall be the conceptually approved layout. 2. The use shall comply with the following: a. All repair work shall be conducted wholly within the building. b. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 3. Any proposed fencing and/or gates will require separate review and approval by the City of Huntington Beach. 4. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for,plancheck. 5. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space 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. ZA Minutes - September 11, 1996 16 (min0911) 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. 3. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 4. A Certificate of Occupancy shall be issued by the Department of Community Development. . 5. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-61 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance -occurs. ITEM 6• CONDITIONAL USE PERMIT NO 96-65 PETITION DOCUMENT: CONDITIONAL USE PERMIT NO, 96-65 (BALLET SCHOOL) APPLICANT: Alexander and Marina Kalinin REQUEST: To establish a personal enrichment business, a ballet school, in an existing 1,492 square foot commercial suite. LOCATION: 15061 Goldenwest Street (southwest corner of Goldenwest Street and Bolsa Avenue) PROJECT PLANNER: Mary Beth Broeren Ms. Broeren, project planner, stated that this project would occupy an existing suite in the rear portion of the shopping center. City policy states that any personal enrichment use that is located in a shopping center would require one (1) parking space for every 200 square feet if the class size is equivalent to the number of parking spaces that would be required for a retail use. A maximum of eight (8) students per class would be allowed for the proposed use. Staff believes that the use is compatible with the shopping center and recommends approval with several conditions including: 1) a maximum of eight (8) students at one time within the instructional area; 2) the rear door be closed during instruction; and 3) no parking directly in front of the ballet center so that the other tenants will have adequate parking. The applicant proposes a ZA Minutes - September 11, 1996 17 (min0911) maximum of three (3) instructors at any given time and classes would run 1-1/2 to 2 hours. The class hours would be after school and in the evenings. Ms. Broeren mentioned that she did not receive any phone calls or written correspondence regarding this use. In addition to the other conditions previously mentioned, the applicant would have to comply with all Fire Department requirements and obtain a Certificate of Occupancy. Ms. Broeren noted that over time the parking stalls in the center have been reduced by 15 as tenant improvements have been completed and ADA requirements have been triggered. THE PUBLIC HEARING WAS OPENED. Alexander Kalinin, applicant, has been a ballet instructor for the past fifteen years and is well aware of the needs of this type of business. Brendan Smith, Business Properties, was present and represented the property owner. He stated that the Kalinin's business is very high profile and viable. Mr. Fauland asked if Mr. Smith was aware of the conditions. He said that the property owner is agreeable with the conditions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.96-65 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FINDINGS AND CONDITIONS OF APPROVAL AS RECOMMENDED 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 96-65• 1. Conditional Use Permit No. 96-65 for the establishment, maintenance and operation of a personal enrichment business for a ballet school 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. Class sizes will be restricted to a maximum of eight (8) students to minimize impacts on parking. The suite is located in the rear of the center; thus, the dropping off/picking up of students will not pose a circulation or safety hazard for the rest of the shopping center. The use is compatible with other commercial uses in the center and will not impact the residential uses to the rear with the condition requiring rear doors to be closed during instruction. 2. The granting of Conditional Use Permit No. 96-65 will riot adversely affect the General Plan of the City of Huntington Beach. The use is consistent with the goals and objectives of the Commercial General land use designation for the property. ZA Minutes - September 11, 1996 18 (min0911) 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 96-65• 1. The site plan, floor plans, and elevations received and dated August 12, 1996 shall be the conceptually approved layout. 2. The use shall comply with the following: a. All doors shall remain closed when sound system is operating and/or dance instruction is occurring. b. Maximum class size shall be eight (8) students. c. Students/instructors shall not park in parking stalls directly in front of subject suite. 3. Prior to submittal for building permits, the following shall be completed: a. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. b. Note on plans: Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards (FD). c. Note on plans: Address numbers shall be installed to comply with City Specification #428. The size of the numbers will be sized a minimum of six (6) inches within a brush stroke of one and one-half (1-1/2) inches (FD). 4. Prior to final building permit approval, the following shall be completed: a. 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. b. Compliance with all conditions of approval specified herein shall be accomplished. 5. The Zoning Administrator shall be notified in writing if any changes in floor area or use 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. ZA Minutes - September 11, 1996 19 (min0911) 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. 3.. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 4. All applicable Public Works fees shall be paid. 5. Traffic Impact fees shall be paid at the time of issuance of a Certificate of Occupancy or final inspection. 6. A Certificate of Occupancy shall be issued by the Department of Community Development. 7. Construction shall be limited to Monday through Saturday, 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and federal holidays. 8. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-65 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. THE MEETING WAS ADJOURNED AT 2:25 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, SEPTEMBER 18,1996. -�Z"LL ) Herb Fauland Zoning Administrator ZA Minutes - September 11, 1996 20 (min0911)