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HomeMy WebLinkAbout1997-05-28MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Stree Huntington Beach California WEDNESDAY, MAY 28,1997 - 1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Lisa Mercurio, Jane Madera, Mary Beth Broeren, Kim Langel (recording secretary) MINUTES: February 12, and February 19, 1997 Minutes were approved. ORAL COMMUNICATION: None Please note that Item 2 was heard.prior to Item 1. The minutes will reaect actions in the scheduled order. ITEM 1: TEMPORARY USE PERMIT NO. 97-8 (SEACLIFF GRAND OPENING) APPLICANT: PLC, c/o Suzanne Mosher PROPERTY OWNER: Polygon Communities, 15751 Rockfield Avenue, Suite 120, Irvine, CA 92718 REQUEST: Grand opening celebration for Seacliff developments. Event will be held on July 19th from 10:00 AM to 4:00 PM in two (2) locations. Live entertaim-nent will be provided at location No. I south of Summit Drive. LOCATION: No. 1: Comer of Peninsula Lane and Forrester Drive (south of Summi Drive) and No. 2: Future park area between Gothard and Goldenwest Streets (south of Ellis Avenue) PROJECT PLANNER: Lisa Mercurio Lisa Mercurio, Staff Planner, displayed site plan stating this was a request for a grand opening celebration for Seacliff developments. The event will be held on July 19th from 10:00 AM to 4:00 PM in two (2) locations. Live entertainment will be provided at Location No. 1 at the comer of Peninsula Lane and Forrester Drive (south of Summit Drive). Location No. 2 is the future park area between Gothard and Goldenwest Streets (south of Ellis Avenue), it will not have live entertainment. There will be food booths, volleyball games and other activities at both sites. Staff stated that there will be ample parking. No communication has been received in regards to the request. t Staff is recommending approval of the request with findings and conditions of approval as outline in the staff report. THE PUBLIC HEARING WAS OPENED. Suzanne Mosher, 23 Corporate Plaza, #250, Newport Beach, CA 92660, stated that they were in concurrence with staff s report and all conditions of approval. Bill Holman, 23 Corporate Plaza, #250, Newport Beach, CA 92660, stated that they were in concurrence with staff s report and all conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO. 97-8 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 - TEMPORARY USE PERMIT NO. 97-8: 1 The proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan and the provisions of Chapter 241. 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. The use is additionally compatible with the goal to encourage recreational opportunities unique to Huntington Beach which enhance visitation and economic development. 2. Approval of the application for Temporary Use Permit 97-8 will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. The event will be maintained, secured and controlled in an appropriate manner with directional signage and traffic control. 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 events will be located away from the residential units thus minimizing impacts to this area. 3. The proposed temporary sales event will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. ZA Minutes - 5/28/97 2 (97zmO528) CONDITIONS OF APPROVAL - TEMPORARY USE PERMIT NO. 97-8: 1. The site plan, floor plans, and elevations received and dated April 29, 1997 shall be the I conceptually approved layout. 2. The use shall comply with the following: a. Service roads and 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. b. The applicant shall obtain all necessary Fire Department permits for canopies and tents, and comply with all provisions of Article 32 of the Uniform Fire Code. (FD) c. Use water trucks or sprinkler systems in all areas where vehicles or pedestrians travel on dirt to keep damp enough to prevent dust being raised. d. Should any electrical devices be involved, necessary permits shall be obtained from the Building Department prior to the event. (13D) e. Stages and platforms over thirty (30) inches high require a building permit. (BD) f. Show disabled site access (pathway) walkway from the public sidewalk to the accessible seating areas around the stage. Mark site and disabled parking areas. (BD) g. The Huntington Beach Police Department shall be notified 24 hours prior to the event. h. This action will include necessary permits for temporary signs. i. Appropriate signs (temporary) for the direction of traffic and on -site parking shall be provided by the applicant. j. Identifiable staff or personnel member(s) shall be on -site throughout the entire event to direct traffic into and out of site. Traffic staff shall prevail upon those utilizing street parking to cross at intersections. k. Speakers for amplified music and speech shall not be directed towards any housing areas. 1. The applicant shall provide for clean-up of the areas after the 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, well as special dumpsters, shall be removed from the site within two (2) days of closing of the event. ZA Minutes - 5/28/97 3 (97zmO528) in, In the event that there are any violations of the foregoing conditions or any violations of life safety codes, the festival activity will be terminated by any Police Officer, Fire Inspector or authorized personnel of the Department of Community Development. n. The event shall comply with Chapter 8.40, Noise Control, of the Huntington Beach Municipal Code. o. Only the uses described in the narrative shall be permitted. 3. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result, of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: I . Temporary Use Permit No. 97-8 shall not become effective until the ten day appeal period has elapsed. 2. Temporary Use Permit No. 97-8 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. The Zoning Administrator reserves the right to revoke Temporary Use Permit No. 97-8, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. 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 CojLnty of Orange and submitted to the Department of Community Development within two (2) days of the Zoning Administrator's action. ZA Minutes - 5/28/97 4 (97zmO528) L-j ITEM 2: CONDITIONAL USE PERMIT NO, 97-7 (NATA'LE COFFEE) APPLICANT: Harry Monck PROPERTY OWNER: Asbury Properties, 2505 West 6th Street, Los Angeles, CA 90057 REQUEST: To permit the establishment of outdoor dining at an existing restaurant, Nata'le Coffee. LOCATION: 16051 Bolsa Chica (southwest of Bolsa Chica Street and Edinger Avenue). PROJECT PLANNER: Jane Madera Jane Madera, Staff Planner, displayed site plan and photographs and stated that this was a request to permit the establishment of outdoor dining at an existing restaurant, Nata'le Coffee located at 16051 Bolsa Chica. Staff stated that the request is for four (4) tables and 12 seats directly in front of the restaurant. There is 13 feet of sidewalk area, with eight (8) feet remaining after placement of the tables and chairs which meets City code requirements. Staff stated that the request will not generate a need for additional parking and meets all City handicap requirements. The request also meets all zoning code and General Plan requirements. Staff is recommending approval of the request with the findings and conditions of approval as outlined in the staff report. Herb Fauland, Zoning Administrator, asked staff if the maintenance easement was not necessary for this request because it is private property. Staff stated that this was correct. THE PUBLIC HEARING WAS OPENED. Harry Monck, 303 Cleveland Drive, representing applicant, stated that they were in concurrence with staff s report and all conditions as outlined. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 97-7 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. ZA Minutes - 5/28/97 5 (97=0528) I FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 97-7: The establishment, maintenance and operation of Conditional Use Permit No. 97-7 for outdoor dining on private property in conjunction with Nata'le Coffee 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 eight (8) foot clear passage area will be maintained free of obstruction. 2. The granting of Conditional Use Permit No. 97-7 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor dining use is consistent with the General Commercial 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 General Commercial District 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 and also applied to this location. The restaurant area for Nata'le Coffee is 1,200 square feet. Per standards in the Downtown Specific Plan, the restaurant can have five (5) tables and 20 seats for outdoor dining without requiring additional parking. Nata'le Coffee proposes four (4) tables and 12 seats; thus, no additional parking is needed. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO, 97-7: 1. The attached site plan dated January 30, 1997, shall be the conceptually approved layout and shall comply with the following: a. The outdoor dining shall be located only in the areas shown on Exhibit A; b. Four (4) tables and 12 seats (the equivalent of 74 square feet) shall be permitted for outdoor dining; c. A minimum 48 inch access path shall be provided for the disabled to the public way. 2. The outdoor dining use shall comply with the following: a. A minimum eight (8) foot clear passage area free of obstruction shall be maintained at all times for pedestrian access. ZA Minutes - 5/28/97 (97zmO528) b. Hours of operation for the outdoor dining area shall be consistent with those of the restaurant; c. All features of the outdoor dining (e.g., tables, umbrellas) shall be maintained in a neat and clean manner; d. All features of the outdoor dining shall be compatible with the exterior color scheme of the building; e. The outdoor dining shall be operated in conjunction with the restaurant located at 16051 Bolsa Chica Street; f. Tables and chairs shall not block occupancy exits (FD); g. All outdoor dining features shall be offset from parking meters, trash receptacles and light standards so that the eight (8) foot passage area is maintained. 3. The 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. Conditional Use Permit No. 97-7 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-7 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. 3. The use shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, 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. 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. ZA Minutes - 5/28/97 7 (97=0528) 7. There shall be no sales to motorists or persons in vehicles. 8. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 97-7 if I any violation of these conditions of the Huntington Beach Local Coastal Program occurs. Ll 9. 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 Coun1y 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 1:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JUNE 11, 1997 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl ZA Minutes - 5/28/97 8 (97=0528)