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Home My WebLink About1997-08-06MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, AUGUST 6, 1997 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Ricky Ramos, Mary Beth Broeren, Kim Langel (recording secretary) MINUTES: March 26, March 12, May 7, May 14 and May 21, 1997 minutes were approved. ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.97-47 (BLIMPIE) APPLICANT: Charles Terry, 3300 Irvine Avenue, Suite 235, Newport Beach, CA 92660 PROPERTY OWNER: Pen Nom I Corp., c/o Donahue Schriber Asset Mgmt. Corp., Attn: Michelle Holling, 3501 Jamboree Road, Suite 300, Newport Beach, CA 92660 REQUEST: To allow a fast-food restaurant with take-out service and outdoor dining in an existing ±1,450 square foot tenant space. The restaurant will have 40 seats inside and nine (9) seats in the outdoor dining area. LOCATION: 19692 Beach Boulevard (The Newland Center, northeast corner of Beach Boulevard and Adams Avenue) PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, displayed site plan, stating that the request is to allow a fast-food restaurant with take-out service and outdoor dining in an existing ±1,450 square foot tenant space at 19692 Beach Boulevard. The restaurant will have 40 seats inside and nine (9) seats in the outdoor dining area. Staff is recommending approval of the proposed request with the findings and conditions of approval as outlined in the staff report. Herb Fauland, Zoning Administrator, asked staff if any comments had been received from the public or surrounding property owners. Staff stated no comments had been received. Mr. Fauland asked staff if the outdoor dining was calculated in the parking requirements and if all parking requirements will be met. Staff stated that the applicant will comply with the parking requirements and there is an excess of parking spaces in the center. Mr. Fauland asked staff is the proposed request meets the minimum separation pathway for outdoor dining. Staff stated that it does. Mr. Fauland stated that he would like a detailed plan submitted showing that there is adequate pedestrian access between the planter and the outside dining tables. THE PUBLIC HEARING WAS OPENED. Chuck Terry, 3300 Irvine Avenue, Suite 235, Newport Beach, architect for the project, stated they will provide a detailed plan depicting adequate pedestrian access and is in concurrence with staff s recommendations and conditions of approval. Abdul Walji, 23193 La Cadena, Suite 104, Laguna Hills, applicant, stated he is in concurrence with staff s recommendations and conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, stated he would be approving the request with an additional condition that the applicant submit a detailed plan showing adequate pedestrian access between the planter and the outside dining tables CONDITIONAL USE PERMIT NO.97-47 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 97-47• 1. Conditional Use Permit No. 97-47 for the establishment, maintenance and operation of the restaurant and outdoor dining area 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 use is compatible with the rest of the commercial center and adequate parking will still be provided with the addition of this use (900 parking spaces required with 921 spaces existing). Proper pedestrian circulation will be maintained with the additional outdoor dining area. 2. The conditional use permit will be compatible with surrounding uses because the proposed restaurant is consistent with the character of the existing commercial center. 3. The proposed restaurant and outdoor dining area 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 conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG, General Commercial on the subject property. ZA Minutes 8/6/97 2 (97ZM0806) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 97-47: 1. The site plan, floor plans, and elevations received and dated June 3, 1997, shall be the conceptually approved layout, with the following modification: a. Prior to submittal for building permits, the applicant shall submit a fully dimensioned detailed outdoor seating plan showing adequate unobstructed pedestrian access between the seating area and edge of the adjacent planter for inclusion in the file. 2. The outdoor dining area is limited to three (3) tables with three (3) chairs each for a maximum of nine (9) seats as shown on the outdoor seating plan received and dated July 11, 1997. 3. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). 4. Prior to final building permit inspection, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Department of Community Development. 5. 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: 1. Conditional Use Permit No. 97-47 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-47 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. 97-47, 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. ZA Minutes 8/6/97 3 (97ZM0806) 4. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 5. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the building. 6. 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. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 8. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Department of Community Development. 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 County of Orange and submitted to the Department of Community Development within two (2) days of the Zoning Administrator's action. 10. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) THE MEETING WAS ADJOURNED AT 1:36 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, AUGUST 20,1997 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl ZA Minutes 8/6/97 4 (97ZM0806)