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HomeMy WebLinkAbout1997-10-01MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 -Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, OCTOBER 1,1997 - 1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Joseph Thompson, Mary Beth Broeren, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.97-63/COASTAL DEVELOPMENT PERMIT NO.97-21 (TAXI'S THE TAVERN) APPLICANT: Taxi's the Tavern, 322 Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: Bob Bolen, 322 Main Street, Huntington Beach, CA 92648 REQUEST: To allow for outdoor dining at an existing restaurant. LOCATION: 322 Main Street (east side of Main Street, south of Orange Avenue) PROJECT PLANNER: Joseph Thompson Joe Thompson, Staff Planner, displayed site plan stating the request is to allow for outdoor dining with three (3) tables and six (6) chairs at an existing restaurant at 322 Main Street. Staff stated the request is a result of Code Enforcement activity. The Downtown Specific Plan requires an eight (8) foot public passageway and the subject property meets the minimum standards as analyzed by staff. The Downtown Specific Plan also allows for a five (5) foot public passageway if a permanent cordon is in place. Staff feels a permanent cordon would be too cumbersome on this property and recommends approval as submitted. Staff also stated that they have received no correspondence from the public regarding 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.97-63 AND COASTAL DEVELOPMENT PERMIT NO.97-21 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 - CONDITIONAL USE PERMIT NO.97-63: 1. Conditional Use Permit No. 97-63 for the establishment, maintenance and operation of an outdoor dining area in conjunction with an existing tavern 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. In addition, handicapped accessibility is provided; pedestrian traffic is not inhibited; building entryways are not obstructed; and public use of the private sidewalk area does not restrict pedestrian and business service. 2. The proposed Conditional Use Permit for outdoor dining 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 will be located. The use does not require any additional parking because the total outdoor dining area conforms with the thresholds established in the Downtown Specific Plan. 3. The granting of the conditional 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 following goals and policies of the General Plan: a. Achieve a pattern of land uses that preserves, enhances, and establishes a distinct identity for the City's neighborhoods, corridors, and centers. b. Enrich the quality of life for all citizens of Huntington Beach by providing constructive and creative leisure opportunities. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.97-21: 1. Coastal Development Permit No. 97-21 for outdoor dining in conjunction with an existing tavern as proposed or as modified by conditions of approval, conforms with the Coastal Element of the General Plan, including the Local Coastal Program. The proposed outdoor dining will not impact public views or access to coastal amenities. The use will provide adequate passage area. 2. The project is consistent with the requirements of the CZ Overlay District, the Downtown Specific Plan, as well as other applicable provisions of the Huntington Beach Local Coastal Program applicable to this property. The outdoor dining will conform to all applicable City codes. The use will maintain a clear passage area, not exceed the maximum number of tables and seats, and will comply with all other outdoor dining standards. 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. All infrastructure currently exists to the site. 4. The development 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. ZA Minutes — 10/1/98 (97ZM1001) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-63/COASTAL DEVELOPMENT PERMIT NO.97-21: 1. The attached site plan dated August 1, 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. Three (3) tables and 6 chairs (the equivalent of 55.5 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 between the tree wells and the tables and chairs. 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, chairs) shall be maintained in a neat and clean manner. d. Tables and chairs shall not block occupancy exits. (FD) e. The outdoor dining features shall not project into the required passage area or access paths. 3. All outdoor dining features including but not limited to tables, chairs, and umbrellas shall be removed when not in use. 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. Conditional Use Permit No. 97-63 and Coastal Development Permit No. 97-21 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-63 and Coastal Development Permit No. 97-21 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 — 10/1/98 3 (97ZM1001) 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. All signage shall comply with the Downtown Design Guidelines and Local Coastal Program. 6. No alcohol sales or consumption shall be permitted on public property. 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. 97-63 and Coastal Development Permit No. 97-21 if any violation of these conditions of the Huntington Beach Local Coastal Program occurs. THE MEETING WAS ADJOURNED AT 1:43 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, OCTOBER 8,1997 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl t't. ZA Minutes—10/1/98 4 (97ZM1001)