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HomeMy WebLinkAbout1998-01-07MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JANUARY 7,1998 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland TAFF MEMBER: Ricky Ramos, Wayne Carvalho, Kim Klofpenstein, Peter Vanek, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.97-72 (PYNCHON HOME OCCUPATION) (CONTINUED FROM THE DECEMBER 17,1997 MEETING) APPLICANT: Terry Pynchon, 20412 Regal Circle, Huntington Beach, CA 92646 PROPERTY OWNER: Edwin and Terry Pynchon, 20412 Regal Circle, Huntington Beach, CA 92646 REQUEST: To establish a hair cutting service in an existing single family residence. LOCATION: 20412 Regal Circle (east side, 125 feet south of Truxton Drive) PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, displayed site plan stating the request is to establish a hair cutting service in an existing single family residence at 20412 Regal Circle. Single family residences surround the existing residence. The proposed hours of operation are from 9:00 AM — 5:00 PM Monday through Friday. Staff stated that the request is due to Code Enforcement activity. Staff is recommending approval of the proposed request as it is consistent with the Land Use Element designation and the goals and policies of the General Plan. The use complies with zoning requirements for a home occupation use and is compatible with the surrounding area. The applicant has submitted a petition of support and nine (9) letters of support. Staff has received one (1) phone call in opposition to the request. Herb Fauland, Zoning Administrator, asked staff how long the use has been in operation and if there will be a restriction on retail sales. Staff stated that the applicant has been operating the use for ten (10) years. Staff also stated that the restriction of retail sales was covered under Code Requirement No. 10. Mr. Fauland stated if approved, he would add a condition that prohibits the sales of beauty and grooming supplies. ,rHE PUBLIC HEARING WAS OPENED. Terry Pynchon, 20412 Regal Circle, applicant, stated that working at home allows her to be with her children. She stated that each customer stays a maximum of one (1) hour. Ms. Pynchon requested that staff extend the hours of operation to accommodate working customers. Debbie Stewert, 8611 Truxton Drive, adjacent neighbor and client, spoke in support of the request. She stated that there are no negative impacts to the neighborhood due to the operation of the business. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, stated he would be approving the request with modified conditions to included prohibiting retail sales and extending the hours of operation to 8:00 AM — 6:00 PM. CONDITIONAL USE PERMIT NO.97-72 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.97-72: 1. Conditional Use Permit No. 97-72 for the establishment, maintenance and operation of the hair cutting service in an existing single family residence 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 service is limited to operating hours of 8:00 AM to 6:00 PM from Monday to Friday only when most residents will likely be away from home. The service is by appointment only, which keeps traffic at a minimum. It will provide a daytime presence in the area, which adds some security to the neighborhood. 2. The conditional use permit will be compatible with surrounding uses because the appearance of the dwelling will not be altered nor will the business be conducted in a manner to indicate that the dwelling or its premises is used for non residential purpose. The home occupation will be conducted entirely within one room in the dwelling unit and will only have one employee who is a resident of the dwelling. 3. The proposed hair cutting service 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. The use is permitted in a residential R district with a conditional use permit. 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 Residential Low Density on the subject property. In addition, it is consistent with the goals and policies of the General Plan including maintaining the character of an existing residential neighborhood and providing service uses that support residents' needs. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-72: 1. The site plan, floor plans, and elevations received and dated September 17, 1997, shall be the conceptually approved layout. ZA Minutes—1/7/98 2 (98ZM0107) 2. The use shall comply with the following: a. Hours of operation shall be limited to between 8:00 AM and 6:00 PM, Monday through Friday only. b. Customers shall be serviced by appointment only with no more than one customer serviced at a time. A maximum of one appointment per hour is permitted. c. Customer vehicles shall be parked only on the driveway of the subject residence. No more than two customer vehicles shall be present on the site at a time. d. The home occupation shall be limited to hair cutting only to be provided solely by the applicant. e. There shall be no retail sales of any goods or beauty supplies. ]INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 97-72 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-72 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. 97-72, 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 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. A home occupation shall be conducted entirely within one room in a dwelling. No outdoor storage shall be permitted. Garages shall not be used in connection with such business except to park business vehicles. 6. No one other than a resident of the dwelling shall be employed on -site or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors. 7. There shall be no display of merchandise, projects, operations, signs or name plates of any kind visible from outside the dwelling. The appearance of the dwelling shall not be altered, or shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a non residential purpose, whether by colors, materials, construction, lighting, windows, signs, sounds or any other means whatsoever. 8. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood. ZA Minutes — 1/7/98 3 (98ZM0107) 9. No commercial vehicle or equipment used in conjunction with the home occupation shall be parked overnight on an adjacent street or in any yard visible from the street. 10. A home occupation shall not include an office or salesroom open to visitors, and there shall be no advertising of the address of the home occupation. 11. Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of the code. The permit for a home occupation that is not operated in compliance with these provisions shall be revoked by the Director after 30 days written notice unless the home occupation is altered to comply. 12. The applicant shall obtain a plumbing permit for the sink installed in the room used for hair cutting. 13. 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: CONDITIONAL USE PERMIT NO.97-73 (CHICAGO GRILL ON THE BA)) APPLICANT: Michael Cho, 3991 MacArthur Blvd., #350, Newport Beach, CA 92660 PROPERTY OWNER: Taki Sun, Inc., 16400 Pacific Coast Highway, Huntington Beach, CA 92649 REQUEST: To establish an 8,300 square foot restaurant with outdoor dining and alcohol sales on the first floor of an existing restaurant suite. LOCATION: 16450 Pacific Coast Highway (Peter's Landing). PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed floor plan and photographs stating the request is to establish an 8,300 square foot restaurant with outdoor dining and alcohol sales on the first floor of an existing restaurant suite at 16450 Pacific Coast Highway. The proposed site was previously the "Red Onion." The use will occupy 7,500 square feet of the first floor, with the upstairs area being converted to office space. No live entertainment is being proposed at this time. Herb Fauland, Zoning Administrator, stated the previous history of the site concerned him and asked staff if the Police Department had reviewed the request. Staff stated that the Police department had reviewed the request and had no concerns. Staff also stated that the previous problems on this site had centered on the live entertainment, and this request was not proposing live entertainment. THE PUBLIC HEARING WAS OPENED. Michael Cho, 3991 MacArthur Boulevard, Suite 350, attorney for the applicant, stated that he concurred with staff s report and recommendation. He also stated that he was aware of the previous concerns on this site and stated they would strive to be good neighbors. ZA Minutes — U7/98 4 (98ZM0107) Scott Seaton, 16400 Pacific Coast Highway, manager for Peter's Landing, spoke in support of the request. 'THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, stated that he would be approving the request with modifications to the conditions to include showing the revised outdoor dining layout on the site plan and extending the hours of operation to 1:00 AM on New Years Eve only. CONDITIONAL USE PERMIT NO.97-73 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.97-73: 1. Conditional Use Permit No. 97-73 for the establishment, maintenance and operation of a new restaurant (Chicago Grill on the Bay) with outdoor dining and alcohol 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 restaurant will be located in an existing shopping center (Peter's Landing) and will occupy a unit previously occupied by a restaurant/bar. With the conditions imposed, including hours of operation and restriction of live entertainment, the restaurant use will not impact the surrounding businesses and residents in a negative manner. 2. The conditional use permit will be compatible with surrounding commercial and residential uses since the proposed restaurant will not offer live entertainment and will be operating from a suite previously occupied by a restaurant/bar. Sufficient parking is provided for the entire center in accordance with Chapter 231 of the Zoning and Subdivision Ordinance. 3. The proposed restaurant 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 Visitor Serving Commercial on the subject property by providing visitor serving amenities for both visitors and City residents. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-73: 1. The site plan, floor plans, and elevations received and dated November 13, 1997 shall be the conceptually approved layout with the following modifications: a. The outdoor dining area shall maintain a minimum six (6) foot wide corridor for public access. The outdoor dining area may be delineated with temporary cordons. ZA Minutes—1/7/98 5 (98ZM0107) 2. 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). b. A copy of the revised site plan and floor plans incorporating the revisions to the outdoor dining area (Condition Ia.) shall be submitted to the Department of Community Development for inclusion in the entitlement file. 3. Prior to occupancy of the building, the applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Department of Community Development. 4. The use shall comply with the following: a. Hours of operation shall be limited between: 11:00 AM and 11:00 PM Sunday -Thursday; 11.00 AM and 12:00 Midnight Friday, Saturday Exception: Hours of operation on New Year's Eve 11:00 AM - 1:00 AM b. Prior to -the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Department of Community Development for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. c. Only the uses described in the narrative shall be permitted; Live entertainment shall be prohibited, unless a separate conditional use permit request is submitted to and approved by the Huntington Beach Planning Commission. 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. 97-73 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-73 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—1/7/98 6 (98ZM0107) 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 97-73, 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 building. 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. 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. 8. 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 3: CONDITIONAL USE PERMIT NO. 97-94NARIANCE NO.97-25 (PLUNKETT RESIDENCE) APPLICANT/ PROPERTY OWNER: Michael Plunkett, 413 Detroit Avenue, Huntington Beach, CA 92648 REQUEST: A conditional use permit to allow an existing garage with a two foot (2) and six (6) inch setback in lieu of seven feet and six (6) inches from the rear property line to be expanded along the alley toward Detroit Avenue; and allow a 1,633 square foot addition/remodel of the first floor; and a new 1,088 square foot second floor addition to the existing non conforming single family residence. A variance is requested to allow a three (3) foot interior side yard setback in lieu of five (5) feet; to maintain the existing driveway on Detroit Avenue in lieu of alley access to the garage; and allow the existing driveway with a maximum depth of eighteen (18) feet in lieu of twenty (20) feet. LOCATION: 413 Detroit Avenue (northwest corner of Detroit and Delaware) PROJECT PLANNER: Kim Klopfenstein Kim Klopfenstein, Staff Planner, displayed site plan and photographs stating the request is to allow an existing garage with a two foot (2), six (6) inch setback in lieu of seven feet, six (6) inches from the rear property line along the alley toward Detroit Avenue; and allow a 1,633 square foot addition/remodel of the first floor; and a new 1,088 square foot second floor addition to the existing non conforming single family residence. A variance is requested to allow a three (3) foot interior side yard setback in lieu of five (5) feet; to maintain the existing driveway on Detroit Avenue in lieu of alley access to the garage; and allow the existing driveway with a maximum depth of eighteen (18) feet in lieu of twenty (20) feet. The request is being proposed at 413 Detroit Avenue. ZA Minutes — in198 7 (98ZM0107) Staff stated that the proposed site is located on an irregular corner lot. RMH-A zoned properties are typically only 25 feet wide with a three (3) foot side yard requirement, however, the subject property is 54 feet wide, hence the five (5) foot side yard requirement. Staff is recommending approval of the proposed request as the encroachment of the proposed additions into the required interior side yard and rear yard setback areas is minor. Staff feels the expansion and remodel will be compatible with the surrounding area. Herb Fauland, Zoning Administrator, stated that he had visited the site and was concerned with the existing alley and driveway access. THE PUBLIC HEARING WAS OPENED. Michael Call, 415 Delaware, spoke in support of the request stating it would be a good addition to the area. He stated that the Zoning Administrator should take into account that it is an odd size lot and the addition will cause no visual obstruction. Art Kent, 325 A 2"d Street, architect, spoke in support of the request, stating it would enhance the property. Mr. Kent also stated that he supports access from Detroit. Herb Fauland, Zoning Administrator, asked Mr. Kent why access had not been taken from the alleyway. Mr. Kent stated that the turning radius was in conflict. Michael Plunkett, 413 Detroit, gave a brief history of the site and stated he concurred with staff s report and recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, stated his concern regarding access from a local street rather than the alleyway, and did not wish to set a precedent. He stated he would be continuing the request for one (1) week so that research could be conducted on similar projects in the area. CONDITIONAL USE PERMIT NO.97-74 AND VARIANCE NO.97-25 WERE CONTINUED BY THE ZONING ADMINISTRATOR TO THE JANUARY 14,1998 MEETING. NON PUBLIC HEARING ITEMS ITEM 4: LOT LINE ADJUSTMENT NO.97-7 (TRON DEVELOPMENTNENTURE PROPERTIES) APPLICANT: Kenge Ling/CDS Engineering, 18002 Sky Park Circle, Irvine, CA 92714 PROPERTY OWNER: Tron Development, 5722 Buckingham Drive, Huntington Beach, CA 92649 Venture Properties, 5701 Engineer Drive, Huntington Beach, CA 92649 REQUEST: To adjust common lot line between 5722 Buckingham Drive and 5701 Engineer Drive. LOCATION: 5722 Buckingham Drive (south side, at Dan Lane) and 5701 Engineer Drive (north side, 150 feet west of Pipeline Lane) PROJECT PLANNER: Ricky Ramos ZA Minutes—1/7/98 8 (98ZM0107) Ricky Ramos, Staff Planner, stated the request is to adjust the common lot line between 5722 Buckingham Drive and 5701 Engineer Drive. Staff is recommending approval of the proposed request as it complies with Light Industrial standards and will not create any non conforming lots. LOT LINE ADJUSTMENT NO.97-7WAS 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. THE MEETING WAS ADJOURNED AT 2:44 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 14,1998 AT 1:30 PM. Herb Fauland Zoning Administrator :kj 1 ZA Minutes — 1/7/98 9 (98ZM0107)