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Home My WebLink About1998-03-180 [1 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MARCH 18,1998 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Kim Klopfenstein, Amy Wolfe, Peter Vanek, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.97-93 (MERCS DECK ENCLOSURE) (CONTINUED FROM THE FEBRUARY 25,1998 MEETING) APPLICANT: The Louie Group, Attn: Louie Hernandez, 20902 Brookhurst, Suite 201, Huntington Beach, CA 92646 PROPERTY OWNER: Jim Meres, 524-22nd Street, Huntington Beach, CA 92648 REQUEST: To allow an expansion and remodel of an existing three (3) story single family residence, including a 222 square foot addition to the existing third story in a location occupied by an open deck, and to maintain a non conforming structure at 54% site coverage in lieu of a maximum 50%. LOCATION: 524-22nd Street (south of Goldenwest and west of Acacia Avenue) PROJECT PLANNER: Kim Klopfenstein Kim Klopfenstein, Staff Planner, displayed site plan and floor plan stating the request is to allow an expansion and remodel of an existing three (3) story single family residence. Staff stated the request was continued from the February 25, 1998 meeting to allow the applicant to revise the request due to the non conforming nature of the structure. Staff re -noticed the public hearing of the revisions. Staff is recommending denial of the request as the usable outdoor area on the upper level deck will be reduced and bulk and mass of the structure would increase. Additionally, existing views, light and ventilation on adjacent properties would be reduced. The addition of a third story deck enclosure on an existing non conforming residence is not designed to integrate with or is compatible with the existing neighborhood. Also, the proposed third story roof deck enclosure will not be compatible with the other homes in the same development which remain two stories in height. The proposed use would also set a precedence as no other residence within the same development incorporates an enclosed third story deck. Herb Fauland, Zoning Administrator, asked staff how many letters were received in support or opposition of the request. Staff stated that they had received 12 in opposition because of impacts to decreased light, setbacks and property values and obstruction of views. THE PUBLIC HEARING WAS OPENED. James Merc, 524-22°d Street, property owner, gave a summary of the project. He stated that he had signatures from his immediate neighbors who did not object to the plan. Mr. Merc also stated that his property is not covered under any CC&R's. He urged the Zoning Administrator to approve the request. Fred Speaker, 503-20th Street, spoke in opposition to the request stating that the CC&R's do not allow the proposed use. Juana Mueller, 603-21St Street, spoke in opposition to the request stating the proposed use would set a precedent of obstructing lights and views. Louie Hernandez, 20902 Brookhurst, Suite 201, applicant, stated the proposed addition would not impact views or light more than they already are. Mr. Hernandez also stated that the surrounding neighbors are in support of the request and urged the Zoning Administrator to approve the request. Jay Weir, 526-22°d Street, adjacent resident, spoke in support of the proposed request. Mary Smit, 528-22°d Street, 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 his decision can not be based on CC&R's but on zoning and land use issues. Mr. Fauland stated that he would like to visit the site and see the third story for himself. He stated he would be continuing the request for two (2) week. CONDITIONAL USE PERMIT NO.97-93 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO THE APRIL 1,1998 MEETING. ITEM 2: CONDITIONAL USE PERMIT NO.97-95 (DON MARIOS APPLICANT: Hugo Galeana, 17436 Beach Boulevard, Huntington Beach, CA 92647 PROPERTY OWNER: Sterling Center, 3835 Birch Street, Newport Beach, CA 92660 REQUEST: To permit alcoholic beverage sales in conjunction with the operation of an existing restaurant known as Don Mario's Mexican Restaurant. LOCATION: 17436 Beach Boulevard (east side of Beach Boulevard, north of Slater Avenue) PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed site plan, floor plan and elevations stating the request is to permit alcoholic beverage sales in conjunction with the operation of an existing restaurant known as Don Mario's Mexican Restaurant at 17436 Beach Boulevard. Staff stated they are recommending approval of the proposed request as the restaurant is located in an established commercial center and the proposed alcohol sales and consumption is ancillary to the sale of food by the business. It is also buffered from the residential areas abutting the shopping center to the east by a solid masonry wall. ZA Minutes — 3/18/98 2 (98ZM0318) THE PUBLIC HEARING WAS OPENED. Hugo Galeana, 17436 Beach Boulevard, applicant, 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. CONDITIONAL USE PERMIT NO.97-95 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.97-95: 1. Conditional Use Permit No. 97-95 for the establishment, maintenance and operation of the 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 ancillary to the sale of food by the business. 2. The conditional use permit will be compatible with surrounding uses because the restaurant with proposed alcohol sales and consumption is located in a commercial center which includes a variety of uses, some of which include alcohol sales. It is also buffered from the residential areas abutting the shopping center to the east by a solid masonry wall. 3. The proposed alcohol sales and consumption 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 General on the subject property which permits eating and drinking establishments. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-95: 1. The site plan, floor plans, and elevations received and dated November 18, 1997 shall be the conceptually approved layout. 2. 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. 3. The existing roof sign shall be removed to comply with Chapter 233 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). ZA Minutes — 3/18/98 3 (98ZM0318) 4. 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. 97-95 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-95 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. 97-95, 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. 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. 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 2:20 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MARCH 25,1998 AT 1:30 PM. llz—�I"Ds Herb Fauland Zoning Administrator :kjl ZA Minutes — 3/18/98 4 (98ZM0318)