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HomeMy WebLinkAbout1998-03-04i� n MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California :WEDNESDAY, MARCH 4,1998 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Bob Goldin, Wayne Carvalho, Ricky Ramos, Peter Vanek, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.97-105 (HEENEY'S WEENEY'Sj (CONTINUED FROM THE FEBRUARY 25,1998 MEETING) APPLICANT: Thomas Heeney, 19092 Beach Boulevard, Huntington Beach, CA 92648 PROPERTY OWNER: Beach Garfield Plaza, Bob Chany, 238 S. Atlantic Boulevard, Alhambra, CA 91804 REQUEST: To allow the on -site consumption of beer and wine in conjunction with the existing food service at Heeney's Weeney's Bar-BQ. LOCATION: 19092 Beach Boulevard (east side, south of Garfield Avenue) PROJECT PLANNER: Bob Goldin Bob Goldin, Staff Planner, displayed site plan, floor plan and photographs stating the request is to allow the on -site consumption of beer and wine in conjunction with the existing food service at Heeney's Weeney's Bar-B-Q at 19092 Beach Boulevard. Staff is recommending approval of the proposed request as the use will be ancillary to the existing restaurant and will be conducted within the existing building. The use will be compatible with surrounding uses and will not adversely impact residents in the area. The proposed use will comply with the provisions of the Huntington Beach Zoning and Subdivision Ordinance and is consistent with the Land Use Element of the General Plan. No comments, written or verbal, have been received from the public. Herb Fauland, Zoning Administrator, asked staff if the applicant had requested live entertainment. Staff stated that the applicant had not requested live entertainment. Mr. Fauland stated that if approved he would be deleting Condition of Approval No. 3.b. as it implies that the applicant need only get an entertainment permit to have live entertainment in the future. THE PUBLIC HEARING WAS OPENED. Tom Heeney, 19092 Beach Boulevard, applicant, stated that 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. CONDITIONAL USE PERMIT NO.97-105 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED 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.97-105: 1. Conditional Use Permit No. 97-105 for the establishment, maintenance and operation of the beer and wine sales in conjunction of food service 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 that the use will be ancillary to the existing restaurant and will be conducted within the existing building. 2. The conditional use permit will be compatible with surrounding uses because the sales and service of beer and wine will be within the enclosed structure and will not adversely impact residents in the area. 3. The proposed beer and wine 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 conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG on the. subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Achieve development that maintains or improves the City's viability and reflects economic demands, while maintaining the quality of life for current and future residents of Huntington Beach. (LU 1) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-105: 1. The site plan, floor plans and elevations received and dated December 30, 1997, shall be the conceptually approved layout with the following modifications: a. The seating in the facility shall be limited to 12 seats, unless otherwise approved by the City of Huntington Beach through an amendment to the conditional use permit. 2. Prior to issuance of building permits, the following shall be completed: a. Building permits shall be obtained for any tenant improvements, as applicable. 3. The use shall comply with the following: a. 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. ZA Minutes — 3/4/98 2 (98=0304) b. Only the uses described in the narrative shall be permitted, including the limitation of hours of operation to be from 11:00 AM to 9:00 PM daily, unless otherwise permitted by the City.. 4. Conditional Use Permit No. 97-105 shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Division. 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. 97-105 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-105 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. 97-105, 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. State -mandated school impact fees shall be paid prior to issuance of building permits. 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. 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. 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 — 3/4/98 3 (98zm0304) ITEM 2: COASTAL DEVELOPMENT PERMIT NO.97-34/ CONDITIONAL USE PERMIT NO 97-103 (TAYLOR RESIDENCE) APPLICANT Steve Eide, 158 West Orange Street, Covina, CA 91723 PROPERTY OWNER: Daniel Taylor, 16862 Coral Cay, Huntington Beach, CA 92660 REQUEST: To construct a third floor addition which exceeds ten (10) percent of the existing floor area of an existing single family residence. LOCATION: 16862 Coral Cay (east of Pacific Coast Highway, Coral Cay Community) PROJECT PLANNER: Bob Goldin COASTAL STATUS: APPEALABLE Bob Goldin, Staff Planner, displayed site plan and elevations stating the request is to construct a third floor addition which exceeds the (10) percent of the existing floor area of an existing single family residence at 16862 Coral Cay. Staff is recommending approval of the proposed request at it will not impact public views or access to coastal resources, the addition is designed to integrate with the existing neighborhood and the design of the addition will be compatible with the existing dwelling and surrounding neighborhood. No comments, written or verbal, have been received from the public. THE PUBLIC HEARING WAS OPENED. Steve Eide, 158 W. Orange Street, Covina, applicant, stated that he concurred with staff s report and recommendation. Patty Howard, 16862 Coral Cay, 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. COASTAL DEVELOPMENT PERMIT NO.97-34 AND CONDITIONAL USE PERMIT NO.97-103 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.97-34: 1. Coastal Development Permit No. 97-34 for the development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The proposed addition will not impact public views or access to coastal resources. 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 proposed development will conform with all applicable City codes. 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. ZA Minutes — 3/4/98 4 (98=0304) 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-103: 1. Conditional Use Permit No. 97-103 for the establishment, maintenance and operation of the addition to the existing 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, in that the addition is designed to integrate with the existing neighborhood and will comply with all development standards. 2. The proposed addition will be compatible with surrounding uses because the proposed colors, materials and design of the addition will be compatible with the existing dwelling and the surrounding neighborhood. 3. The proposed addition to the existing residence 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 special considerations or variances are requested. 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 — Coastal Zone (RL-CZ) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require that all new residential development within existing neighborhoods be compatible with existing structures (LU 9.1.2). b. Ensure that structures and sites are designed and constructed to maintain their long-term quality (LU 4.2). c. Identify and reinforce a distinctive architectural and environmental image of each district in Huntington Beach (UD 1.1). CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.97-34/ CONDITIONAL USE PERMIT NO.97-103: 1. The site plan, floor plans and elevations received and dated December 23, 1998, shall be the conceptually approved layout with the following modification: a. Elevations shall depict colors and building materials proposed. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. The following Fire Department requirement shall be noted on the building plans. 1) An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. (FD) ZA Minutes — 3/4/98 5 (98zm0304) 3. Prior to issuance of grading permits, the following shall be completed: (PW) a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. b. A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. 4. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Community Development. b. A Landscape planting and irrigation plan shall be submitted to the Department of Public Works and approved by the Departments of Public Works. The Landscape plan shall address improvements to be made in the rear yard from the pool to Gilbert Drive and shall include type and location of shrubs to be planted to screen the wall. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. (PW) (Code Requirement) c. All landscape planting and irrigation shall be completed prior to final building inspection/within 12 months of approval of the project. d. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. , e. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 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. Coastal Development Permit No. 97-34 and Conditional use Permit No. 97-103 shall not become effective until the ten day appeal period has elapsed. 2. Coastal Development Permit No. 97-34 and Conditional use Permit No. 97-103 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 — 3/4/98 6 (98zm0304) 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 97- 34 and Conditional use Permit No. 97-103, 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. All applicable Public Works fees shall be paid. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. (PW) 5. An encroachment permit shall be required for all work within the right-of-way. (PW) 6. State -mandated school impact fees shall be paid prior to issuance of building permits. 7. 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. 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: VARIANCE NO.97-26 (OCEAN COLONY SITE COVERAGE VARIANCE) APPLICANT J. Desmond Bunting, New Urban West, Inc., 520 Broadway,_ Suite 100, Santa Monica, CA 90401 PROPERTY OWNER: Ocean Colony, LLC, 520 Broadway, Suite 100, Santa Monica, CA 90401 REQUEST: To exceed the site coverage requirement (up to 52% in lieu of maximum 50%) on seven (7) lots for the construction of second story decks. LOCATION: Lots 3, 6, 7, 11, 13, 19, and 22, of Tract 14135 (Ocean Colony, terminus of Palm Avenue, west side of Seapoint Avenue) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed site plan and floor plan, stating the request is to exceed the site coverage requirement (up to 52% in lieu of maximum 50%) on seven (7) lots for the construction of second story decks in Tract 15135. Staff stated that one (1) phone call had been received regarding blockage of views. Staff explained that the decks would not be visible for the neighboring homes and the caller was satisfied. Staff is recommending approval of the proposed request as the proposed lot coverage pertains only to the second story balconies which will be required to remain open and will not increase the dwelling area proposed for the seven (7) home. The majority of the seven (7) single family homes are on lots less than 5,000 square feet in size, which constrains the design of the units including architectural enhancements such as the open decks. The design of the decks is in keeping with the surrounding residential developments and the variance will not allow for additional enclosed floor area to the units. ZA Minutes — 3/4/98 7 (98=0304) THE PUBLIC HEARING WAS OPENED. Desmond Bunting, 520 Broadway, #100, Santa Monica, representing applicant stated that 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. VARIANCE NO.97-26 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 - VARIANCE NO.97-26: 1. The granting of Variance No. 97-26 to permit up to a 52% site coverage for the construction of second story decks on seven single family residences (Lots 3, 6, 7, 11, 13, 19, and 22, of Tract 14135) in lieu of a maximum 50% will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The proposed increased lot coverage pertains only to the second story balconies which will be required to remain open and will not increase the dwelling area proposed for the seven homes. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The majority of the seven single family homes are on lots less than 5,000 square feet in size, which constrains the design of the units including architectural enhancements such as the open decks. 3. The granting of a variance is necessary to preserve the. enjoyment of one or more substantial property rights. The variance will provide a covered patio on the ground floor and an open balcony area on the second floor which will allow homeowners recreational opportunities in their rear yards which face the Bolsa Chica and Pacific Ocean. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The proposed second story decks will enhance the architecture of the single family residential development, specifically the rear elevations .to the "Plan Three" units. The design of the decks is in keeping with the surrounding residential developments. The variance will not allow for additional enclosed floor area to the units. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Low Density Residential on the subject property. The decks will provide highly articulated facades, enhancing the appearance of the rear elevations to the residences, while maintaining compatibility with the other units in the development. CONDITIONS OF APPROVAL - VARIANCE NO.97-26: 1. The site plan, floor plans, and elevations received and dated February 17, 1998 shall be the conceptually approved layout. ZA Minutes — 3/4/98 8 (98zm0304) 2. Prior to submittal for building permits, zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). 3. Prior to issuance of building permits, the applicant shall record a covenant on each of the seven lots restricting the enclosure of the first or second floor deck areas without obtaining proper City approval. A copy of the legal instrument shall be submitted to the Department of Community Development and reviewed as to form by the City Attorney, and when approved, shall be recorded in the Office of the County Recorder. A copy of the recorded document shall be filed with the Department of Community Development. 4. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 5. All applicable conditions on Entitlement Plan Amendment No. 97-9, General Plan Amendment No. 96-3, Tentative Tract Map No. 14135, Conditional Use Permit No. 96-27 and Coastal Development Permit No. 96-11 and Local Coastal Program Amendment No. 96- 2 shall remain in effect. 6. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. 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 pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Variance No. 97-26 shall not become effective until the ten day appeal period has elapsed. 2. Variance No. 97-26 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 Variance No. 97-26, 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. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. ZA Minutes — 3/4/98 9 (98zm0304) 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 4• CONDITIONAL USE PERMIT NO.97-97 (HAPPY BURRITO) APPLICANT: Jose Mosqueda, 2917 S. Rita Way, Santa Ana, CA 92704 PROPERTY OWNER: Watt Management, 2716 Ocean Park Boulevard, Suite 3040, Santa Monica, CA 90405 REQUEST: To permit alcoholic beverage sales and consumption in conjunction with food service at an existing restaurant. LOCATION: 8935 Atlanta Avenue (northwest corner of Magnolia Street and Atlanta Avenue) PROJECT PLANNER: Ricky Ramos Ricky Ramos, displayed site plan and photographs, stating the request is to permit alcoholic beverage sales and consumption in conjunction with food service at an existing restaurant at 8935 Atlanta. Staff stated that the use is surrounded by commercial and residential uses and the alcohol service will be secondary to food service. Staff has received one (1) letter in opposition stating concern about the effects of drinking and driving under the influence. Staff is recommending approval of the proposed request because the restaurant is located in an established commercial center and the proposed alcohol sales and consumption is ancillary to the sale of the food of the business. The use is also buffered from the abutting residential use to the north by a solid masonry wall. n THE PUBLIC HEARING WAS OPENED. Jose Masqueda, 8935 Atlanta, applicant, (translated by Manual) stated that 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 that he wanted conditions added to reflect the maximum seating capacity in the facility be limited to 12 seats and limitation of hours of operation to be from 10:50 a.m. to 9:00 p.m. weekdays and 10:00 a.m. to 8:00 p.m. weekends. CONDITIONAL USE PERMIT NO.97-97 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 — 3/4/98 10 (98zm0304) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-97: 1. Conditional Use Permit No. 97-97 for the establishment, maintenance and operation of alcohol sales and consumption at an existing restaurant 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 is located in an established commercial center and the proposed alcohol sales and consumption is in conjunction with the food service. 2. The conditional use permit will be compatible with surrounding uses because the restaurant with proposed alcohol sales and consumption in conjunction with food service is located in a commercial center which includes a variety of uses, some of which include alcohol sales. It is also buffered from the abutting residential use to the north by a solid masonry wall. 3. The proposed alcohol sales and consumption in conjunction with food service at an existing 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. It is allowed in commercial districts by approval of 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 Commercial Neighborhood on the subject property which permits small-scale eating and drinking establishments. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-97: 1. The site plan, floor plan, and elevation received and dated November, 26, 1997 shall be the conceptually approved layout. Maximum seating capacity in the facility shall be limited to 12 seats, unless otherwise approved by the City of Huntington Beach through a separate conditional use permit. 2.The use shall comply with the following: a. 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. b. Only the uses described in the narrative received November 26, 1997 shall be permitted, including the limitation of hours of operation to be from 10:50 a.m. to 9:00 p.m. weekdays and 10:00 a.m. to 8:00 p.m. weekends, unless otherwise permitted by the City. 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. ZA Minutes — 3/4/98 11 (98zm0304) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 97-97 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-97 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. 97-97, 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. 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: CONDITIONAL USE PERMIT NO.98-1/DESIGN REVIEW BOARD NO.98-1 (PBMS WIRELESS COMMUNICATION FACILITY) s APPLICANT: Pacific Bell Mobile Services, c/o Carver Chiu, 2955 Redhill Avenue, Suite 100, Costa Mesa, CA 92626 PROPERTY OWNER: State of California, Department of Parks & Recreation, 18331 Enterprise Lane, Huntington Beach, CA 92648 REQUEST: To establish a wireless communication facility on an existing radio communication pole attached to a lifeguard headquarters. LOCATION: 17851 Pacific Coast Highway (west side, between Seapoint Avenue and Warner Avenue) PROJECT PLANNER: Peter Vanek Tim Kolset, Staff Planner, presenting for Peter Vanek, displayed site plan stating the request is to establish a wireless communication facility on an existing radio communication pole attached to a lifeguard headquarters at 18751 Pacific Coast Highway. Staff is recommending apaproval of the proposed request as the wireless communication facility will not generate noise, traffic or other impacts, which would be detrimental to surrounding commercial and residential uses. The proposed antennas will be attached to an existing structure and will be designed to blend with the existing structures. In addition, the operation of the wireless communication facility will provide enhanced, reliable mobile communication to the area. ZA Minutes — 3/4/98 12 (98=0304) L.J 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.98-1 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. 98-1: 1. Conditional Use Permit No. 98-1 for the establishment, maintenance and operation a wireless communication facility consisting of two cross -polar panel antennas 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 antennas will be attached to a reinforced pole which will replace an existing pole of the same height currently used for wireless communications for lifeguard staff. The wireless communication facility will not generate noise, traffic or other impacts which would be detrimental to surrounding commercial and residential uses. 2. The conditional use permit will be compatible with the surrounding public facilities. The proposed antennas will be attached to an existing structure and will be designed to blend with the existing structures and background. 3. The proposed wireless communication facility 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. In addition, the operation of the wireless communication facility will provide enhanced, reliable mobile communication to the area. 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 Open Space -Shore on the subject property. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-1: 1. The site plan and elevations received and dated January 8, 1998 shall be the conceptually approved layout. 2. Prior to submittal for building permits to the State of California, zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). 7A Minutes — 3/4/98 13 (98=0304) 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: 1. Conditional Use Permit No. 98-1 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 98-1 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. 98-1, 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.. 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. THE MEETING WAS ADJOURNED AT 2:03 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MARCH 11,1998 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl 0 ZA Minutes — 3/4/98 14 (98zm0304)