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HomeMy WebLinkAbout1997-06-25MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JUNE 25,1997 -1:30 P.M. ZONING ADMINISTRATOR: Linda Niles, Acting STAFF MEMBER: Wayne Carvalho, Lana Carter, Peter Vanek, Jane Madera, Mary Beth Broeren, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: COASTAL DEVELOPMENT PERMIT NO.97-14 (SOIL REMEDIATION) (CONTINUED FROM THE JUNE 18, 1997 MEETING) APPLICANT/ PROPERTY OWNER: PLC Land Company, 23 Corporate Plaza, Suite 250, Newport Beach, CA 92660 REQUEST: Excavation, soil remediation and mass grading of a 40 acre site, two (2) acres of which are within the Coastal Zone, and 4.3 acres within the proposed Harriet M. Wieder Regional Park. LOCATION: Northwest corner of Garfield Avenue and Edwards Street. PROJECT PLANNER: Mary Beth Broeren Mary Beth Broeren, Staff Planner, displayed plans, stated that the request is for excavation, soil remediation and mass grading of a 40 acre site, two (2) acres of which are within the Coastal Zone, and 4.3 acres within the proposed Harriet M. Wieder Regional Park at the northwest corner of Garfield Avenue and Edwards Street. The request was continued from the June 18, 1997 meeting to allow the County of Orange to submit their comments regarding the Harriet Wieder Regional Park. Staff has now received comments from the County and has also held a Subdivision Committee meeting regarding the tentative tract map. Based on the County's and the Subdivision Committee's comments, staff recommends that the Zoning Administrator approve the soil remediation portion of the request and continue the mass grading issues to a future date. THE PUBLIC HEARING WAS OPENED. Bill Holman, 23 Corporate Plaza, Suite 250, representing applicant, stated that the request is to satisfy part of the land transfer contract. He stated that there are still drainage issues being addressed with the County and agrees with staff's recommendation. Gerry Chapman, 6742 Shire Circle, stated that the grading work being done in this area has not been properly controlled, leaving the residents in the area with a constant dust problem. He stated that a mitigation measure should be added to ensure enforcement of dust control. Linda Niles, Acting Zoning Administrator, asked the applicant's representative Bill Holman if he had any comments regarding dust control of the grading. Mr. Holman stated that some dust will be generated and may be spread if there are windy conditions. He stated that they use water trucks that follow the grading and do the best they can. He stated they could consider fence screening. Ms. Niles requested that the applicant investigate fence screening and discuss with staff and the area residents if dust problem control problems arise. Al Faas, 6522 Trotter Drive, stated that he is concerned with the dust problems that grading creates. He stated that the previous construction in the area left their homes a mess. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Linda Niles, Acting Zoning Administrator, stated she would be approving the request with the assurance from the applicant that if dust control problems arise they will be addressed with staff and the residents and that street washing conditions be added for the two (2) main streets. COASTAL DEVELOPMENT PERMIT NO.97-14 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 - COASTAL DEVELOPMENT PERMIT NO, 97-14; Coastal Development Permit No. 97-14 for soil remediation of approximately 40 acres, two (2) acres of which are in the Coastal Zone, and 4.3 acres within the proposed Harriet M. Wieder Regional Park, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. By excavating and remediating contaminated soil on the site, the project will allow a portion of the site to be developed with residential uses, consistent with the Holly-Seacliff Specific Plan and Local Coastal Program, and another area of the site to be developed for a future phase of the Harriett M. Wieder Regional Park, consistent with the General Plan, including the Coastal Element. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The project will comply with all applicable City codes, including those of the Public Works and Fire Departments regarding soil remediation. ZA Minutes - 6/25/97 2 (97ZA0625) 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed project will not require permanent infrastructure. Future development of the property will be provided with necessary infrastructure. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. Neither public access nor public recreation opportunities are currently provided at the project site. The project will allow for clean-up of the property which will enable future access to the proposed park area and public recreation within the park. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.97-14: 1. The site plan received and dated May 13, 1997, shall be the conceptually approved layout with the following modification: a. The work shall only include soil remediation and interim erosion control. 2. Prior to soil remediation activity, the required permits shall be obtained from the Public Works Department, Fire Department and the South Coast Air Quality Management District. 3. Access to Basins Nos. 1 and 2 are necessary for silt removal. (PW) 4. Temporary on -site drainage structures may be provided subject to approval by the Public Works Department. (PW) 5. During soil remediation, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. f. Water down trucks prior to them leaving the site. g. Water streets as permitted by the Public Works Department. 6. The project shall comply will applicable mitigation measures of Final Environmental Impact Report No. 89-1. ZA Minutes - 6/25/97 3 (97ZA0625) 7. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Coastal Development Permit No. 97-14 shall not become effective until the ten day appeal period has elapsed. 2. Coastal Development Permit No. 97-14 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 Zoning Administrator reserves the right to revoke Coastal Development Permit No. 97- 14, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Local Coastal Program or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. 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. ITEM 2: USE PERMIT NO.94-78(R) (REVISION TO JOINT USE PARKING CONDITION) APPLICANT: James Neff, 19901 Beach Boulevard, Huntington Beach, CA 92648 PROPERTY OWNER: Ming International Group, 9202 Ellsworth Drive, Huntington Beach, CA 92646 REQUEST: Modify Condition No. 3 of Use Permit No. 94-78 which requires a Joint Use Parking Agreement. LOCATION: 19901 Beach Boulevard (The Pen) PROJECT PLANNER: Wayne Carvalho ZA Minutes - 6/25/97 4 (97ZA0625) Wayne Carvalho, Staff Planner, displayed site plans and photographs, stating this request is to modify Condition No. 3 of Use Permit No. 94-78 which requires a Joint Use Parking Agreement at 19901 Beach Boulevard. Mr. Carvalho stated that the applicant had misunderstood the option requiring a Joint Use Agreement be filed with the City. The proposed parking agreement will allow an expansion of the use based on the current mix and number of tenants With the modification of the conditions, new tenants in existing vacant suites may necessitate the closure of the proposed expansion so that parking problems do not arise. Staff is recommending approval of the request. THE PUBLIC HEARING WAS OPENED. Dick Harlow, 211-B Main Street, representing applicant, stated that they were in concurrence with staff's recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. USE PERMIT NO. 94-78(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 - USE PERMIT NO.94-78(R) 1. Use Permit No. 94-78(R) for the establishment, maintenance and operation of the 1,152 square foot expansion of an existing sports bar into an adjacent commercial suite will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Based on the mix of existing uses on site, including storage uses, and a high vacancy in the center, no parking impacts are anticipated. With the conditions imposed, including the submittal of a parking agreement, sufficient parking will always be available for the commercial center. 2. The use permit will be compatible with the surrounding commercial uses. The expansion of the existing sports bar is compatible with other retail, restaurant and office uses in the area. No parking impacts are anticipated. The proposed 1,152 square foot expansion of an existing sports bar into an adjacent commercial suite 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. No variances are being requested as part of the sports bar expansion. 4. The granting of the use permit will not adversely affect the General Plan. The sports bar expansion is consistent with the Land Use Element designation of General Commercial on the subject property. ZA Minutes - 6/25/97 5 (97ZA0625) CONDITIONS OF APPROVAL - USE PERMIT NO.94-78(R): 1. Condition Nos. 1, 2 and 4 through 12 on the previously approved Use Permit No. 94-78 shall still apply. (see Attachment) 2. (REVISED CONDITION NO.3) A parking agreement shall be submitted to the Department of Community Development prior to occupancy of the addition. The agreement shall be signed and notarized by the applicant, and shall stipulate that should the center become occupied to the extent additional parking is required for other tenants, that the applicant remove the expanded area (including kitchen) or file a parking variance. (This condition shall not apply if the applicant elects to restripe the lot with six additional spaces; see original Condition No. 1.) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Use Permit No. 94-78 (R) shall not become effective until the ten day appeal period has I- elapsed. 2. Use Permit No. 94-78 (R) 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 Zoning Administrator reserves the right to revoke Use Permit No. 94-78 (R) 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. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the expanded area. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. 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. ZA Minutes - 6/25/97 6 ZA0625) ITEM 3: CONDITIONAL USE PERMIT NO.97-41 (KELLEHER DAY CARE APPLICANT/ PROPERTY OWNER: Jill Kelleher, 15271 Stanford Lane, Huntington Beach, CA 92647 REQUEST: Increase existing family day care from small (up to 6 children) to large (up to 12 children). LOCATION: 15271 Stanford Lane (south of Cornell Drive and west of Stanford Lane) PROJECT PLANNER: Lana Carter Lana Carter, Staff Planner, displayed site plan stating this request is to increase an existing family day care from small to large at 15271 Standford Lane. Staff stated they had received comments from two (2) adjacent neighbors opposed to the request due to parking problems and hours of operation. Staff is recommending approval of the request. THE PUBLIC HEARING WAS OPENED. Jill Kelleher, 15271 Standford Lane, applicant, stated that the parents will park in front of her house and drop off/pick up times will be staggered. She also stated that the children will not be allowed outside until after 9:00 AM to avoid disturbance to the neighbors. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Linda Niles, Acting Zoning Administrator, stated that she will approve the request and informed the applicant that if complaints are received from the adjacent neighbors the City will notify the applicant in order to mitigate any problems. CONDITIONAL USE PERMIT NO. 97-41 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 - CONDITIONAL USE PERMIT NO, 97-41: 1. Conditional Use Permit No. 97-41 for the establishment, maintenance, and operation of a large family day care will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed family day care is an expansion of use from an existing small family day care (up to 6 children) into a large family day care (up to 12 children). The use will be accommodated within the existing single family residence and no physical alterations to the property are proposed as part of this project. The property can accommodate parking required by the Huntington Beach Zoning and Subdivision Code since it has a two car garage, a driveway that can accommodate two vehicles, and adjacent on street parking. With the imposed conditions, the proposed day care home will.not generate adverse noise or traffic impacts to the surrounding neighborhood. ZA Minutes - 6/25/97 7 (97ZA0625) C 2. The conditional use permit will be compatible with the surrounding residential uses. No physical alterations to the property are proposed as part of this project. Required parking will be provided on the site, and additional drop-off and pick-up parking is available along the street adjacent to the property. Specific conditions, including limiting hours and days of operation, will minimize potential traffic and noise impacts resulting from the proposed day care use. 3. The proposed establishment of a large family day care will comply with the provisions of the base district and other applicable provisions in Titles 20 through 25 of the Huntington Beach Zoning and Subdivision Code and any specific conditions required for the proposed use in the district in which it would be located. No construction is proposed as part of the establishment of the day care. 4. The granting of the Conditional Use Permit # 97-41 will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low Density (RL) on the subject property. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-41: 1. The site plan, floor plans, and elevations received and dated May 1, 1997 shall be the conceptually approved layout. 2. Prior to issuance of the City Business License, the following requirements shall be met: a. One (1) 2A/IOBC fire extinguishers will be provided. (FD) b. Smoke detectors will be installed and located to comply with Huntington Beach Fire Code Standards. (FD) C. A fire alarm system will be installed to comply with the Uniform Building Code. (FD) d. No bars or grills shall be placed on the windows. (FD) The use shall comply with the following: a. Hours of operation shall be limited to between 6:30 AM and 6:00 PM Monday through Friday. b. Between the hours of 6:30 AM and 8:00 AM, the day care use shall be limited to the enclosed areas of the residential unit. Outdoor play and other outdoor activities associated with the day care use and occurring on the property shall be limited to between 8:00 AM and 6:00 PM Monday through Friday. ZA Minutes - 6/25/97 (97ZA0625) C. No enrollment over 12 children, including operator's and/or employee's children; shall be permitted at the day care home. d. Employees shall park in the garage or in the driveway to reduce impacts to on - street parking. e. All ingress and egress to the day care facility shall be through the front door. No foot traffic shall occur over adjacent properties. f. No signs identifying the day care facility shall be placed on the property. g. Loading and unloading of children from vehicles shall only be permitted on the driveway or on the public street directly in front of the residence. 4. Evidence of City Business License for the day care use shall be submitted to the Department of Community Development within 14 days from the end of the appeal period. 5. Traffic Impact Fees in the amount of $450.00 shall be paid within 14 days from the end of the appeal period. (PW) 6. 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 use are proposed. 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: 1. Conditional Use Permit No. 97-41 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97 -41 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 Zoning Administrator reserves the right to revoke Conditional Use Permit No. 97-41 pursuant to a public hearing for revocation, if any violation of these conditions, the Huntington Beach Zoning and Subdivision Ordinance, or the Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. ZA Minutes - 6/25/97 9 (97ZA0625) 5. 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 Planning Commission's action. ITEM 4: CONDITIONAL USE PERMIT NO.97-33/COASTAL DEVELOPMENT PERMIT NO. 97-13 (DUKE'S SURF CITY OUTDOOR DINING) APPLICANT: T.S. Management, 225 Plaza Street, #300, Solana Beach, CA 92075 PROPERTY OWNER: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To establish 2,400 square feet of outdoor dining area in conjunction with the approved Duke's Surf City restaurant. LOCATION: 317 Pacific Coast Highway (southeast of the intersection of Pacific Coast Highway and Main Street) PROJECT PLANNER: Peter Vanek Peter Vanek, Staff Planner, displayed site plan stating this request is to establish 2,400 square feet of outdoor dining area in conjunction with the approved Duke's Surf City restaurant at 317 Pacific Coast Highway. He stated that there is sufficient parking for the outdoor dining which is allocated in the parking structure through valet parking. The request is in compliance with the Uniform Building Code and Handicap access requirements. Staff is recommending approval of the request. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.97-33 AND COASTAL DEVELOPMENT PERMIT NO.97-13 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.97-13: 1. The request to permit outdoor dining in conjunction with Duke's Surf City restaurant 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 and complies with the clear passage area provisions of the Downtown Specific Plan. The outdoor dining area will be below the grade of Pacific Coast Highway. ZA Minutes - 6/25/97 10 (97ZA0625) I� 2. Coastal Development Permit No. 97-13 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 separation wall 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. 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. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-33: 1. The establishment, maintenance and operation of Conditional Use Permit No. 97-33 for outdoor dining in conjunction with Duke's Surf City 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. Building entryways are not obstructed and handicapped accessibility is provided where required. Pedestrian traffic volumes are not inhibited. 2. The granting of Conditional Use Permit No. 97-33 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor dining use is consistent with the commercial visitor 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 requires 24 additional parking stalls which will be provided in the form of attendant parking in the parking structure located at 200 Main Street (Main Street Promenade). CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 97-13/ CONDITIONAL USE PERMIT NO.97-33: The attached site plan dated June 10, 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; and b. A minimum 48 inch access path shall be provided for the disabled to the public way. ZA Minutes - 6/25/97 11 (97ZA0625) 2. The outdoor dining use shall comply with the following: a. Hours of operation for the outdoor dining area shall be consistent with those of the restaurant; b. All features of the outdoor dining (e.g., tables, umbrellas) shall be maintained in a neat and clean manner; c. All features of the outdoor dining shall be compatible with the exterior color scheme of the building; d. The outdoor dining shall be operated in conjunction with the restaurant located at 317 Pacific Coast Highway; and e. Tables and chairs shall not block occupancy exits (FD). 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. Coastal Development Permit No. 97-13 and Conditional Use Permit No. 97-33 shall not become effective until the ten day appeal period has elapsed. 2. Coastal Development Permit No. 97-13 and Conditional Use Permit No. 97-33 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 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. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 97- 13 and Conditional Use Permit No. 97-33 if any violation of these conditions of the Huntington Beach Local Coastal Program occurs. ZA Minutes - 6/25/97 12 (97ZA0625) 7. 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. ITEM 5: TEMPORARY USE PERMIT NO.97-9 (HUNTINGTON SURF AND SPORT) APPLICANT: Aaron Pai, Huntington Surf and Sport, 300 Pacific Coast Highway, Suite 104, Huntington Beach, CA 92648 PROPERTY OWNER: OX Pierside Corporation, Attn: Julie Gnadt, 300 Pacific Coast Highway, Suite 401, Huntington Beach, CA 92648 REQUEST: To permit sidewalk sales at Huntington Surf and Sport and for the US Open of Surfing sales booth. The sidewalk sales behind the fountain are proposed on the following dates: August 22-24; November 28-30; December 6-7, 13-14, 20-21, 1997. The US Open of Surfing sales booth is proposed in front of the fountain from July 24 - August 10, 1997. LOCATION: 300 Pacific Coast Highway, Suite 104 ( Pierside Pavilion, northeast corner of Pacific Coast Highway and Main Street) PROJECT PLANNER: Jane Madera Jane Madera, Staff Planner, displayed site plan stating the request is to permit sidewalk sales at Huntington Surf and Sport and for the US Open of Surfing sales booth. The sidewalk sales behind the fountain are proposed on the following dates: August 22-24; November 28-30; December 6-7, 13-14, 20-21, 1997. The US Open of Surfing sales booth is proposed in front of the fountain from July 24 - August 10, 1997. The request site is located at 300 Pacific Coast Highway, Suite 104. Staff stated that there have been no reported problems with previous events held by the applicant and is recommending approval of the request for a five (5) year period. THE PUBLIC HEARING WAS OPENED. Debbie Petersen, 2421 205th Street, Suite #D 104, Torrance, stated she represents Diane's Swimwear, an adjacent business, and spoke in support of the request. She stated her only point of concern was that Diane's Swimwear small square footage not be overtaken by the applicant's sales, in the event they have sidewalk sales at the same time. Aaron Pai, 300 Pacific Coast Highway, applicant, stated that if Ms. Petersen, the previous speaker, ever has a problem with their set up they will address it immediately. He stated that he is in concurrence with staffs recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes - 6/25/97 13 (97ZA0625) TEMPORARY USE PERMIT NO. 97-9 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.97-9: 1. Temporary Use Permit No. 97-9 for the establishment, maintenance and operation of the temporary outdoor sidewalk sales will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The location of the temporary outdoor sales events are not in the vicinity of any residences and the tables and booths associated with the events will not block entrances or accessibility to other businesses in Pierside Pavillion. All improvements necessary for the temporary events are already in place and will not require alteration as a result of the project. 2. The temporary use permit will be compatible with surrounding uses because the location is surrounded by other retail businesses and there are no noise sensitive uses in the immediate vicinity. 3. The proposed temporary outdoor sidewalk sales 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. 4. The granting of the use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use on the subject property. In addition, it is consistent with the goals and policies of the Land Use and Economic Development Elements of the General Plan which promote and encourage activities that cater to visitors and tourists in the downtown area. !CONDITIONS OF APPROVAL - TEMPORARY USE PERMIT NO.97-9: The site plan, floor plans, and elevations received and dated April 28, 1997 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. (FD) b. Fire access lanes shall be a minimum width of 24 feet. (FD) c. No sales of merchandise shall occur to people in vehicles or in the public right-of-way. ZA Minutes - 6/25/97 14 (97ZA0625) d. Merchandise display racks, tables, booths, or anything associated with the events, including people in line waiting for autographs, may not encroach within the public right- of-way. In addition, the applicant must continually maintain crowd control so that access to other businesses is not blocked and that sales occur in an orderly fashion. e. Merchandise sales in front of the fountain shall be limited to official "U.S. Open of Surfing" items only. f. Merchandise display racks, booths and/or tables for all events shall be draped or covered in an aesthetically pleasing manner. 3. This action shall include necessary permits for temporary signs. 4. The Zoning Administrator shall be notified in writing if any changes in the site plan are proposed prior to the events. 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 events shall comply with all applicable provisions of the Huntington Beach Ordinance Code, 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 Temporary Use Permit No. 97-9 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. 4. Temporary Use Permit No. 97-9 shall not become effective until the ten day appeal period has elapsed. 5. Temporary Use Permit No. 97-9 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. 6. The Zoning Administrator reserves the right to revoke Temporary Use Permit No. 97-9, 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. 7. 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. ZA Minutes - 6/25/97 15 (97ZA0625) ITEM 6: ENTITLEMENT PLAN AMENDMENT NO 97-6 (JAMBA JUICE) APPLICANT: Vicki Cocchiarel, Juice Club, Inc., 1700-17th Street, San Francisco, CA 94103-5136 PROPERTY OWNER: Abdelmuti Development Company, 101 Main Street, Suite 109, Huntington Beach, CA 92648 REQUEST: To permit an amendment to the previously approved outdoor dining at Jamba Juice. The previous approval allowed outdoor dining only on private property adjacent to the restaurant and the revised project requests an expansion of the dining area to the public sidewalk. LOCATION: 101 Main Street, Suite 109 (Oceanview Promenade, northwest corner of Pacific Coast Highway and Main Street) PROJECT PLANNER: Jane Madera Jane Madera, Staff Planner, displayed site plan and photographs stating this request is to permit an amendment to the previously approved outdoor dining at Jamba Juice at 101 Main Street, Suite 109. The previous approval allowed outdoor dining only on private property adjacent to the restaurant and the revised project requests an expansion of the dining area to the public sidewalk. Staff stated that the use must allow for a public travelway of ten (10) feet and recommend that temporary cordons be used. Staff is recommending approval of the request. THE PUBLIC HEARING WAS OPENED. Kirsten Keen, 101 Main Street, applicant, stated that they are in concurrence with staff s recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ENTITLEMENT PLAN AMENDMENT NO.97-6 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 - ENTITLEMENT PLAN AMENDMENT NO. 97-6• 1. The establishment, maintenance and operation of Entitlement Plan Amendment No. 97-6 for outdoor dining in conjunction with Jamba Juice 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. ZA Minutes - 6/25/97 16 (97ZA0625) 2. The granting of Entitlement Plan Amendment 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 Jamba Juice is 1,610 square feet. Per standards in the Downtown Specific Plan, the restaurant can have 322 square feet for outdoor dining without requiring additional parking. Jamba Juice proposes a total of 200 square feet for outdoor dining; thus, no additional parking is needed. CONDITIONS OF APPROVAL - / ENTITLEMENT PLAN AMENDMENT NO 97-6• 1. The attached site plan dated April 21, 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. A maximum of 200 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 from the doorway to the public way. 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 between the two (2) dining areas 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; ZA Minutes - 6/25/97 17 (97ZA0625) f. The outdoor dining shall be operated in conjunction with the restaurant located at 101 Main Street, Suite 109; 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. Entitlement Plan Amendment No. 97-6 shall not become effective until the ten day appeal period has elapsed. 2. Entitlement Plan Amendment 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. 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. ZA Minutes - 6/25/97 18 (97ZA0625) 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 Entitlement Plan Amendment 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 2:30 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JULY 16,1997 AT 1:30 PM. Linda Niles, Acting Zoning Administrator :kjl ZA Minutes - 6/25/97 19 (97ZA0625)