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HomeMy WebLinkAbout1997-04-30u r MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room 13-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, APRIL 30,1997 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Wayne Carvalho, Jane Madera, Mary Beth Broeren, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: TENTATIVE PARCEL MAP NO. 94-121(R) (THREE LOT INDUSTRIAL SUBDIVISION) APPLICANT/ PROPERTY OWNER: Sares-Regis Group, c/o Bruce C. Bearer, 18802 Bardeen Avenue, Irvine, CA 92612 REQUEST: To subdivide a 28.35 acre parcel into four (4) lots (three industrial lots and one lettered lot for street purposes). LOCATION: 15202 Graham Street (east side approximately 1,000 feet north of McFadden Avenue). PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed a tentative parcel map and photographs stating that the request is to subdivide a 28.35 acre parcel into four (4) lots (three industrial lots and one lettered lot for street purposes) at 15202 Graham Street. He noted, staff is currently processing a conditional use permit and an environmental assessment for the site. The proposed subdivision complies with the zoning code and staff is recommending approval of the request with findings and conditions of approval as outlined in the staff report with recommended modifications. Staff is recommending that the configuration of the front property line near the entry to Lot 1 be perpendicular to the cul-de-sac, a covenant be recorded on the property and that a secondary emergency access be recorded with the Access Agreement. Staff is also recommending that the improvements to Parcel 1, landscaping, parking and restriping of the parking lot be completed prior to final map recordation or issuance of certificate of occupancy, whichever comes first. Herb Fauland, Zoning Administrator, asked staff if Public Works had reviewed and concurred with the condition to the Lot 1 cul-de-sac. Staff stated that they had reviewed and concurred. Mr. Fauland stated that he is concerned that a covenant recorded on the property would be too restrictive if future expansion were to occur. Staff indicated that the conditional use permit and environmental assessment applications that are forthcoming will allow each parcel to be evaluated as stand alone project with regards to parking and landscaping requirements. THE PUBLIC HEARING WAS OPENED. Bruce Bearer, 18802 Bardeen Avenue, Irvine, representing applicant, stated that he concurs with staff s recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, expressed concern that variances will be necessary to meet the landscaping requirements for future development. Staff explained that if the conditional use permit applications were to be denied this project could stand alone with the minimum landscaping requirements fulfilled. TENTATIVE PARCEL MAP NO.94-121(R) WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. 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 - TENTATIVE PARCEL MAP NO.94-121 ft 1. Tentative Parcel Map No. 94-121 (R) to subdivide a 28.35 acre site into three (3) parcels for industrial development and a lettered lot for a private street is consistent with the General Plan Land Use Element designation of General Industrial (1-172-d) on the subject property. The proposed industrial subdivision will not result in a non conforming lot or structure. An existing warehouse building will remain on Parcel 1. In addition, the proposed subdivision is consistent with the following goals and policies of the General Plan: a. Goal L Ul: 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. Goal L U2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. c. Police LU2.1.1.: Plan and construct public infrastructure and service improvements as demand necessitates to support the land uses specified in the Land Use Plan (as defined in the Circulation and Public Utilities and Services Elements of the General Plan). ZA Minutes - 4/30/97 2 (97ZM0430) 2. The site is physically suitable for the type and density of development. The site is generally flat and currently vacant, with the exception of an existing industrial building on Parcel 1. The proposed site plan for Parcel 1 complies with the minimum warehouse parking, landscaping and setback requirements necessary for the existing building. With the conditions imposed, all infrastructure necessary to support development of the 28.35 acre site will be provided prior to future development. 3. The design of the subdivision and the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There will be no significant environmental impacts resulting from the proposed industrial subdivision. 4. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The City will be granted an easement over the proposed private street for Police and Fire Department access purposes. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO.94-121 (R): 1. The tentative map received and dated April 10, 1997, and the site plan dated April 22, 1997 shall be the approved layout with the following modifications: a. Lots 2 & 3 shall be modified to depict the cul-de-sac street as lettered Lot A. b. The configuration of the front property line near the entry to Lot 1 shall be perpendicular to the cul-de-sac. The location of the perpendicular tangents shall be between the proposed driveways as depicted on the approved tentative parcel map. 2. The applicant/developer shall provide two public fire hydrants on the proposed private street at locations determined by the Fire Department. (FD) 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated: a. The surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Sub -article 18. (PW ) b. The surveyor/engineer preparing the map shall submit to the County Surveyor a digital - graphics file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Sub -article 18. (PW ) ZA Minutes - 4/30/97 3 (97ZM0430) c. All vehicular access rights to Graham Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the Zoning Administrator. (PW) d. A mylar and print of the recorded Parcel Map shall be provided to the Public Works Department at the time of recordation. (PW) e. The developer shall submit a "Traffic Impact Assessment" per the guidelines provided by the Traffic Engineering section of Public Works. (PW) f. The private street name shall be approved by the Fire Department. (PW) g. An easement over the private street for Police and Fire Department access purposes shall be dedicated to the Huntington Beach. (PW) h. Submit a copy of the revised tentative parcel map pursuant to Condition No. 1. i. The applicant shall submit a covenant restricting the use of the existing building on Parcel 1 to warehouse only because there is sufficient parking for warehouse use. Prior to recordation, the covenant shall be reviewed as to form and content by the City Attorney's office. A copy of the recorded covenant shall be submitted to the Community Development Department. The applicant/property owner shall provide for two permanent secondary emergency vehicle access ways to serve the existing building on Parcel 1. An irrevocable reciprocal access agreement across the entire property between Parcel 1 and Parcels 2 and 3 shall be submitted to the City prior to recordation of the Parcel Map. The document shall be reviewed and approved by the City Attorney's office. Said document shall be recorded with the County of Orange Recorder's Office concurrently with the Parcel Map. The irrevocable reciprocal access easement location and size may be refined to a minimum width of twenty-four (24) feet at the time of development of Parcels 2 and 3 subject to approval of the City of Huntington Beach Fire and Community Development Departments. Any amendment to the recorded document will require prior City approval and shall be recorded on all properties involved. 4. The approval of Tentative Parcel Map No. 94-121 (R) does not presume any approval for development on Parcels 2 & 3; separate review process by the City is required prior to issuance of any building permits. 5. All required improvements on Parcel 1, such as landscaping, parking stall striping, etc., shall be completed in place, inspected, and approved prior to recordation of Parcel Map 94-121 (R) or prior to issuance of the Certificate of Occupancy for the existing building, whichever comes first. 1 ZA Minutes - 4/30/97 4 (97ZM0430) INFORMATION ON SPECIFIC CODE REQUIREMENTS 1. All applicable Public Works fees shall be paid prior to map recordation. (PW) 2. Tentative Map No. 94-121 (R) shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. 3. The applicant shall submit a check in the amount of $38 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Zoning Administrator's action. ITEM 2: CONDITIONAL USE PERMIT NO.97-6/COASTAL DEVELOPMENT PERMIT NO.97-3 (HUNTINGTON SURF AND SPORT) APPLICANT: Aaron Pai, 300 Pacific Coast Highway, #408, Huntington Beach, CA 92648 PROPERTY OWNER: Ox Pierside Corp./Haseko, Julie Gnadt, 300 Pacific Coast Highway, #401, Huntington Beach, CA 92648 REQUEST: To establish outdoor dining on both private property and within the public right-of-way in conjunction with the Huntington Surf and Sport expansion. LOCATION: 300 Pacific Coast Highway, #101 (northeast corner of Pacific Coast Highway and Main Street). PROJECT PLANNER: Jane Madera Jane Madera, Staff Planner, displayed site plan, floor plan and photographs stating this request is to establish outdoor dining on both private property and within the public right-of-way in conjunction with the Huntington Surf and Sport expansion at 300 Pacific Coast Highway, #101. Staff stated that the proposed location is the former location of Amy's Bakery. The proposed use will be sales and retail with a small portion of the business area used for coffee and bagel service. They will have a dry storage kitchen and a regular preparation area. The applicant is proposing to maintain the outdoor dining in a similar fashion to what the former use had as far as location of the tables. The total area of the restaurant is approximately 277 square feet and the Downtown Specific Plan allows restaurants with less than 1,200 square feet to provide five (5) tables and 20 chairs. The total area of the proposed outdoor dining area is 206 square feet. Staff stated that because the proposed request is on the first block of Main Street, they are required to provide a minimum ten (10) foot clear passage area for pedestrians; the applicant is providing 14 feet, nine (9) inches. Staff has not received any correspondence regarding this request. Staff is recommending approval of the request with the findings and conditions of approval as outlined in the staff report. ZA Minutes - 4/30/97 5 (97ZM0430) Herb Fauland, Zoning Administrator, asked staff if the mezzanine area is part of the restaurant use. Staff stated that the applicant does have a mezzanine for restaurant seating upstairs, and will apply for tenant building improvement plans for this. There are 12 seats maximum in the upstairs area and this is the maximum that would be allowed indoors without providing additional parking. THE PUBLIC HEARING WAS OPENED. Aaron Pai, 300 Pacific Coast Highway, applicant, stated that he concurred with staff s recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.97-6 AND COASTAL DEVELOPMENT PERMIT NO.97-3 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. 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.97-3: The request to permit outdoor dining in conjunction with Huntington Surf and Sport in the public right-of-way and 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 ten (10) foot clear passage area in the public right-of-way. 2. Coastal Development Permit No. 97-3 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. G 1 ZA Minutes - 4/30/97 6 (97ZM0430) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 97-6• 1. The establishment, maintenance and operation of Conditional Use Permit No. 97-6 for outdoor dining in conjunction with Huntington Surf and Sport in the public right-of-way and on private property 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. A ten (10) foot clear passage area will be maintained free of obstruction. 2. The granting of Conditional Use Permit No. 97-6 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 Huntington Surf and Sport is 277 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. Huntington Surf and Sport proposes five (5) tables and 20 seats; thus, no additional parking is needed. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.97-31 CONDITIONAL USE PERMIT NO.97-6: 1. The attached site plan dated January 28, 1997, (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. Five (5) tables and 20 seats (the equivalent of 207 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. ZA Minutes - 4/30/97 7 (97ZM0430) 2. The outdoor dining use shall comply with the following: a. A minimum ten (10) 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. Cordons shall be a minimum of 36 inches and a maximum of 42 inches in height; f. The outdoor dining shall be operated in conjunction with the restaurant located at 300 Pacific Coast Highway, Suite 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. All outdoor dining features shall be offset from parking meters, trash receptacles and light standards so that the ten (10) foot passage area is maintained. 3. 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 and have an approved signed license agreement and pay all applicable fees prior to operating the outdoor dining area. 4. 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. Coastal Development Permit No. 97-3 and Conditional Use Permit No. 97-6 shall not become effective until the ten day appeal period has elapsed. 2. Coastal Development Permit No. 97-3 and Conditional Use Permit No. 97-6 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. ZA Minutes - 4/30/97 8 (97ZM0430) 3. The use shall comply with all applicable provisions of the Local Coastal Program, Building Division, and Fire Department. 4. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 5. No signs, temporary or permanent, shall be permitted in the outdoor dining area or on any of the outdoor dining features, including umbrellas. 6. No alcohol sales or consumption shall be permitted on public property. 7. 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. 8. There shall be no sales to motorists or persons in vehicles. 9. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the building. 10. The applicant shall provide a public liability insurance policy prior to operating the outdoor dining area. 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. 11. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 97-3 and Conditional Use Permit No. 97-6 if any violation of these conditions of the Huntington Beach Local Coastal Program occurs. 12. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Zoning Administrator's action. THE MEETING WAS ADJOURNED AT 1:48 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MAY 7,1997 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl ZA Minutes - 4/30/97 9 (97ZM0430)