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HomeMy WebLinkAbout1998-04-08MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, APRIL 8,1998 - 1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Jim Barnes, Bob Goldin, Kim Klopfenstein, Amy Wolfe, Ricky Ramos, Joe Thompson, Peter Vanek, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 97-35 (SHEA SOIL REMEDIATION) (CONTINUED FROM THE APRIL 1, 1998 MEETING) APPLICANT/ PROPERTY OWNER: Shea Vickers Development, PO Box 487, Walnut, CA 91788-0487 REQUEST: Remediation of oily soil which consists of moving earth and placing it in stockpiles for sorting and re -use. LOCATION: North side of Pacific Coast Highway between First Street and Huntington Street. PROJECT PLANNER: Jim Barnes Jim Barnes, Staff Planner, stated the request to remediate the soil on the north side of Pacific Coast Highway between First Street and Huntington Street had been continued from the April 1, 1998 meeting. Staff stated that they had received a letter today from the applicant requesting a continuance for two (2) weeks as they had sold the property to the St. Clair Company. The applicant is making this request to allow the new owner time to familiarize him or herself with the proposed request. THE PUBLIC HEARING WAS OPENED. Devane E. Craig, 201 Atlanta Avenue, #A, asked staff how much longer this process would take. He stated that the subject site continually has overgrown vegetation and has been cited by Code Enforcement staff. Michael Carroll, 80 Huntington Street, #204, stated concern regarding the toxicity of the soils being moved and the dust it will create. Herb Fauland, Zoning Administrator, stated that the Fire Department has strict regulations and standards regarding toxic soils and ensured the speaker that safety issues would be adequately addressed. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED OPEN. COASTAL DEVELOPMENT PERMIT NO. 97-35 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO THE APRIL 22,1998 MEETING WITH PUBLIC HEARING OPENED. ITEM 2: SIGN CODE EXCEPTION NO. 98-1 (JACK IN THE BOX) APPLICANT: California Neon Products, 453 0 Mission Gorge Drive, San Diego, CA 92120 PROPERTY OWNER: IJ Partners, 503 32nd Street, Suite 2000, Newport Beach, CA 92663 REQUEST: To install one (1) fteestanding monument sign (4'x4') within 80 feet of an existing monument sign and to install (2) menu boards (4'x 8') that exceed the 20 square foot allowance. LOCATION: 19090 Brookhurst Street (southeast comer of Brookhurst Street and Garfield Avenue) PROJECT PLANNER: Bob Goldin Bob Goldin, Staff Planner, displayed site plan and photographs, stating the request is to install one (1) freestanding monument sign (4'x4') within 80 feet of an existing monument sign and to install (2) menu boards (4'x 8') that exceed the 20 square foot allowance at 19090 Brookhurst Street. Staff is recommending approval of the proposed request as modified with the location of the new monument sign at the northeasterly entrance to the center from Garfield. Staff indicated the new sign location will allow visibility and maintain a cohesive look to other free standing signs on site. The monument sign colors will coordinate with the wall signs for the proposed business and will comply with the Land Use and Urban Design policies of the General Plan calling for coordinated signage. Staff also stated that the signage as conditioned will not negatively impact the other commercial signs in the area. THE PUBLIC HEARING WAS OPENED. Peter McCarter, 4530 Mission Place, San Diego, sign contractor, gave a brief history of the request. Kathy Fuller, 18500 Von Karman, #150, Irvine, representing applidant, spoke in support of the applicant's request. George Mendoza, 100 N. Baranca, # 100, West Covina, construction manager, spoke in support of the applicant's request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. SIGN CODE EXCEPTION NO. 98-1 WAS APPROVED AS MODIFIED BY STAFF 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 --SIGN CODE EXCEPTION PERMIT NO. 98-1: Strict compliance with Chapter 233, Signs, will result in a substantial hardship to the Jack in the Box at 19090 Brookhurst. Due to location of the Jack in the Box within the center and the need to ensure visibility of the business, coordinated and clear signage is necessary. As modified by staff with location of the new monument sign at the northeasterly entrance to center from Garfield, the signage will allow visibility and maintain a cohesive look to other free standing signs on site. The monument sign colors will coordinate with the wall signs for the proposed business and will comply with policies of the General Plan calling for coordinated signage. ZA Minutes — 4/8/98 2 (98ZM0408) I -I I- 2. The proposed 4' x 4' monument sign and two (2) menu boards (4'x 8') that exceed the 20 square foot allowance, as modified by staff, will not adversely affect other signs in the area. The site is commercially zoned and is bordered by commercial to the north, east and west. The signage as conditioned will not negatively impact the other commercial signs in the area. 3. The proposed signage, as modified by staff, will not be detrimental to properties located in the vicinity and will be compatible with the surrounding area. The sign locations will not create any sight distance problems for pedestrians or motorists and the menu speaker board sign will not create any noise problems in the immediate area based on the speaker system being utilized and conditioned. 4. The proposed signage, as modified by staff, will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. The proposed signs will be required to comply with the site angle and visibility requirements of Chapter 233, Signs, of the Huntington Beach Zoning and Subdivision Ordinance. CONDITIONS OF APPROVAL - SIGN CODE EXCEPTION PERMIT NO. 98-1: 1. The site plan, sign details and site elevations received and dated February 27, 1998 shall be the approved layout with the following modifications: a. The proposed 4' x 4' monument sign shall be located in the planter strip 80 feet west of the existing freestanding sign along Garfield. b. The menu speaker board shall incorporate the Speak Easy System as submitted. c. Any removal of landscaping to accommodate the new signs shall be replaced with similar landscaping in the immediate area to the satisfaction of the Community Development Department. 2. Prior to submittal for building permits, the 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 and mechanical). 3. Prior to issuance of building permits, the applicant shall submit a copy of the revised site plan and elevations pursuant to Condition No. I for review and approval and inclusion in the entitlement file to the Department of Community Development. 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. ZA Minutes — 4/8/98 3 (98ZM0408) INFORMATION ON SPECIFIC CODE REO UIREMENTS: 1. Sign Code Exception No. 98-1 shall not become effective until the ten day appeal period has elapsed. 2. Sign Code Exception 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 Sign Code Exception 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. ITEM 3: PLANNED SIGN. PROrRAM NO. 98-1/SIGN CODE EXCEPTION PERMIT v NO. 98-2 (WAAN—E—R—C—EANTLER �SIGN PROGRAM) APPLICANT: San Pedro Signs, Mark Frank, 701 Lakme Ave, Wilmington, CA 90744 PROPERTY OWNER: Don Jones, 1615 1 Street, Newport Beach, CA 92668 REQUEST: To install three (3) new channel letter sighs totaling 346 square feet in sign area and a Sign Code Exception Permit to install 12 new cabinet signs totaling 504 square feet, in lieu of channel letters. Nine (9) nine of the cabinet signs will exceed the maximum sign area per storefront, however, the total signage will not exceed the maximum 850 square feet p I ermitted for the entire center. er Avenue, west of LOCATION: 6811-6855 Warner Avenue (north side of Warn Goldenwest Street). PROJECT PLANNER: Kim Klopfenstein Kim Klopfenstein, Staff Planner, displayed site plan, material board, elevations and photographs stating the request is to install three (3) new channel letter signs and to install 12 new cabinet signs totaling 504 square feet. Nine (9) of the cabinet signs will exceed the maximum sign area per storefront; however, the total signage will not exceed the maximum 850 square feet permitted for the entire center located at 6811-6855 Warner Avenue. r-- L ZA Minutes — 4/8/98 4 (98ZM0408) Staff is recommending approval of the proposed request as the signage will allow visibility and maintain a cohesive look to the signs on the site. They will also compliment the scale and the distance of the building from Warner Avenue and the signs will be consistent with the policies of the Land Use and Urban Design policies of the General Plan calling for coordinated signage. The signage will be consistent with the signs located at the commercial centers immediately to the east and west of Warner Center. The signs proposed will not block the views of any surrounding signs and be required to comply with the site angle and visibility requirements of the Huntington Beach Zoning and Subdivision Ordinance. THE PUBLIC HEARING WAS OPENED. Dan Jones, 1615 E. Bay Front, Balboa, shopping center owner, stated the shopping center needs a face-lift to help the tenants compete in their business environment and supported the proposed request. Mark Frank, 19209 Foxglen, applicant, stated the 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. PLANNED SIGN PROGRAM NO. 98-1 AND SPECIAL SIGN PERMIT NO. 98-2 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 - PLANNED SIGN PROGRAM NO. 98-1/SIGN CODE EXCEPTION PERMIT NO. 98-2: 1 Strict compliance with Chapter 233, Signs, will result in substantial hardship to Warner Center, located at 6811-6855 Warner Avenue. Due to the small size of the store frontages within the center, larger, coordinated, clear signage is necessary. The signs for the three (3) major tenants in the center will consist of channel letters with a maximum sign area of 346 square feet. The twelve (12) signs for the smaller tenants will consist of cabinets with raised lettering with a maximum sign area of 504 square feet, in lieu of channel letters. Nine (9) nine of the cabinet signs will exceed the maximum sign area per storefront, however, the total signage will not exceed the maximum 850 square feet permitted for the entire center. With a maximum sign area of 850 square feet of internally illuminated wall signs for the entire center on Warner Avenue, the signage will allow visibility and maintain a cohesive look to the signs on the site. The planned sign program and sign code exception permit are necessary to compliment the scale and the distance of the building from Warner Avenue and the signs will be consistent with the policies of the General Plan calling for coordinated signage. ZA Minutes — 4/8/98 5 (98ZM0408) 2. The proposed signage will be consistent with the character and scale of the building and will not adversely affect other signs in the area. The site is zoned commercial and is bordered by commercial properties on all sides. The storefronts located at the north end of Warner Center are setback approximately 350 lineal feet from Warner Avenue and are partially blocked by an existing bank building (Sanwa Bank) and a flower kiosk adjacent to Warner Avenue. The cabinet signs with raised lettering and an opaque will be used for identification for the twelve (12) smaller tenants and the channel letters will be used for the three (3) major tenants will provide clear, coordinated signage and will be consistent with the signs located at the commercial centers immediately to the east and west of Warner Center. 3. The proposed signage will not be detrimental to properties located within the vicinity and will be compatible with the surrounding area. The size and location of the signs will not impact the surrounding area. The wall signs proposed at the Warner Center will not block the views of any surrounding signs and will be compatible with the neighboring commercial developments. 4. The signs for the three (3) major tenants will consist of channel letters and the twelve (12) smaller tenants signs will consist of opaque cabinet signs (painted to match the building fagade) with raised letters projecting from the cabinet face, only the lettering will be illuminated, will not be detrimental to properties located in the vicinity. The new signs for the center will not contain distracting items of information or special treatments, such as flashing or pulsing lights, to attract attention. The proposed signage will not obstruct vehicular or pedestrian visibility and will not be a hazardous distraction. The proposed signs will be required to comply with the site angle and visibility requirements of Chapter 233, Signs of the Huntington Beach Zoning and Subdivision Ordinance. CONDITIONS OF APPROVAL - PLANNED SIGN PROGRAM NO. 98-1/SIGN CODE EXCEPTION PERMIT NO. 98-2: 1. The site plan and elevations dated March 18, 1998, shall be the conceptually approved layout. a. Elevations shall depict sign colors and materials approved by the Design Review Board b. Individual tenants shall be limited to one background color and two primary colors for copy, except logos may have multiple colors (all colors shall be subject to landlord approval). 2. Prior to submittal for building permits the 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, and mechanical). 3. Prior to issuance of building permits, the applicant shall submit a copy of the site plan and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to 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. ZA Minutes — 4/8/98 6 (98ZM0408) I 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. Planned Sign Program No. 98-1 and Sign Code Exception Permit No. 98-2 shall not become effective until the ten day appeal period has elapsed. 2. Planned Sign Program No. 98-1 and Sign Code Exception Permit No. 98-2 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 Planned Sign Program No. 98-1 and Sign Code Exception Permit ' No. 98-2, 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. ZA Minutes — 4/8/98 7 (98ZM0408) ITEM 4: TEMPORARY USE APPLICANT: Robert R. Anderson, 2134 Main Street, Suite 130, Huntington Beach, CA 92648 PROPERTY OWNER: M.S. Vickers, 21002 Pacific Coast Highway, Huntington Beach, CA 92648 REQUEST: To allow gospel tent meetings to be held between June 26, and July 3, 1998; the meetings will be held from 8:00 PM to 9:15 PM, and will include a Sunday afternoon meeting from 2:30 PM to 5:00 PM. There will be live amplified entertainment (from approximately 8:25 PM to 8:45 PM) at each meeting. Seating for 300 persons will be provided within the proposed tent. Forty off -site parking spaces are proposed to serve the event. LOCATION: 21002 Pacific Coast Highway (Southeast comer of Pacific Coast Highway and First Street). PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed site plan stating the request is to allow gospel tent meetings to be held between June 26, and July 3, 1998. There will be live amplified entertainment (from approximately 8:25 PM to 8:45 PM) at each meeting. Seating for 300 persons will be provided within the proposed tent. Forty (40) off -site parking spaces are proposed to serve the event located at 21002 Pacific Coast Highway. Staff stated that the request is similar to the approved request of last year; however, staff will be recommending that the event end on July 2, 1998 so it will not interfere with Huntington Beach's 4 1h of July festivities and enforcement activities. Staff is recommending approval of the proposed request as the event will be maintained, secured and controlled in an appropriate manner with directional signage a��d traffic control. There is a parking lot adjacent to the meeting site with approximately 175 patking spaces, the applicant has reserved 40 of these, and metered street parking is available. Any additional overflow traffic will be directed to Downtown parking structures on Third Street and Orange Avenue. Herb Fauland, Zoning Administrator, asked staff if they had discussed the proposed request with the Police Department. Staff stated that they had and the Police Department's only recommendation was to limit the date of operation to July 2, 1998 so as not to interfere with the 4'h of July festivities. THE PUBLIC HEARING WAS OPENED. Robert Anderson, 7602 Appleby Drive, applicant, stated that he concurred with staff s report and recommendation with the exception of shutting down by July 2, 1998. He requested the Zoning Administrator consider allowing them to operate until July 3, 1998. 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 did not wish to go against the recommendations of the Police Department on the July 2, 1998 closing date because of previous I incidents related to the 4 1h of July festivities. I ZA Minutes — 4/8/98 8 (98ZM0408) TEMPORARY USE PERMIT NO. 98-2 WAS APPROVED BY THE ZONING ADMINISTRATOR WITHTHE 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 - TEMPORARY USE PERMIT NO. 98-2: 1. Temporary Use Permit No. 98-2 for the establishment, maintenance and operation of gospel tent meetings 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 event will be maintained, secured and controlled in an appropriate manner with directional signage and traffic control. Specific conditions of approval addressing days of operation, noise levels and clean-up of the site have been applied to this request to insure the general welfare of adjacent residents. 2. The temporary use permit will be compatible with surrounding uses because the event is temporary in nature and it will not alter existing property and improvements in the area. There is a parking lot adjacent to the meeting site with approximately 175 parking spaces, 40 of these have been reserved by the applicant, and metered street parking is available. Any additional overflow traffic will be directed to Downtown parking structures on Third Street and Orange Avenue. 3. The proposed gospel tent meetings 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 temporary use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Downtown Specific Plan District No. 7 on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. RCS I - Enrich the quality of life for all citizens of Huntington Beach by providing constructive and creative leisure opportunities. b. RCS 1. 1 - Encourage recreational opportunities unique to Huntington Beach which will enhance visitation and economic development. c. ED 2.4.3 - Encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market area. CONDITIONS OF APPROVAL - TEMPORARY USE PERMIT NO. 98-2: 1. The site plan, floor plans and elevations received and dated February 27, 1998 shall be the conceptually approved layout. 2. The use shall comply with the following: I a. The proposed event days shall be limited between June 26, 1998 and July 2, 1998. ZA Minutes — 4/8/98 9 (98ZM0408) I b. The applicant shall post directional signage near the comer of Pacific Coast Highway and First Street and at the driveway entrance to adjacent parking lot. The directional signage shall direct overflow parking to the parking structures on Third Street and Orange Avenue. I c. The applicant shall provide personnel to direct traffic flow into and out of the project site, and onto the adjacent parking lot or downtown parking structures from one (1) hour before each meeting to one (1) hour after each meeting. d. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. (FD) e. Electrical permit(s) shall be obtained from the Building Department prior to the event. (BD) f. One portable restroorn shall be shall be disabled accessible. (BD) g. Six seating spaces within the tent shall be designed for wheelchair seating. (BD) h. The stage platform shall be disabled accessible. The specific stage platform design shall be subject to review and approval by the Building Division prior to commencement of any gospel tent meeting activities on the subject site. (BD) L The applicant's request shall include necessary permits for temporary signs, however, no signs shall be located in the public right-of-way. j. The Huntington Beach Police Department shall be notified,24 hours prior to the event. k. Speakers for amplified music and speech shall not be directed towards any housing areas. 1. The applicant shall provide for clean-up of the areas after the closing of the event. All temporary structures, trash, debris, and garbage, as well as trash containers, shall be removed from the site by 5:00 PM on July 3, 1998. m. In the event that there are any violations of the foregoing conditions or any violations of life safety codes, the gospel meeting activity will be terminated by any Police Officer, Fire Inspector or authorized personnel of the Department of Community Development. n. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. o. The applicant shall obtain and submit to the Community Development Department, prior to the commencement of any activities related to the gospel tent meetings, property ownership verification and authorization by the new property owner of the project site to utilize the subject property for the proposed events. ZA Minutes — 4/8/98 10 (98ZM0408) 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. The proposed event shall not commence until any proposed changes have been reviewed and approved by the Community Development Director 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 REOUIREMENTS: 1. Temporary Use Permit No. 98-2 shall not become effective until the ten day appeal period has elapsed. 2. Temporary Use Permit No. 98-2 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 Temporary Use Permit No. 98-2, 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 event shall comply with Chapter 8.40, Noise Contro—I of the Huntington Beach Municipal Code. 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 Coup1y 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. 97-78 (GRAND DRAGON BUFFET) APPLICANT: PROPERTY OWNER: REQUEST: LOCATION: PROJECT PLANNER: Thomas Trinh, 6840 Edinger Avenue, Huntington Beach, CA 92647 Fred Shitara, Tepper & Associates, 16101 Goldenwest Street, Huntington Beach, CA 92647 To expand an existing restaurant with alcoholic beverage sales and consumption in conjunction with food service into a 1,460 square foot adjoining tenant suite. The request also includes joint use of at minimum eight (8) parking spaces. 6838 Edinger Avenue (southwest comer at Goldenwest Street) Ricky Ramos ZA Minutes — 4/8/98 11 (98ZM0408) Ricky Ramos, Staff Planner, displayed site plan stating the request is to expand an existing restaurant with alcoholic beverage sales and consumption in conjunction with, food service. The request also includes joint use of at minimum eight (8) parking spaces. The project site is located at 6838 Edinger Avenue. Staff is recommending approvai of the proposed request as the restaurant is located in an established commercial center and the proposed alcohol sales and consumption is in conjunction with food service. Adequate parking will be provided through ajoint use parking agreement to be recorded indicating no conflict in the operating hours based on parking space requirements for the different uses on the property. The use is buffered from the abutting residential use to the west by a solid masonry wall. THE PUBLIC HEARING WAS OPENED. Fred Shitara, 6838 Edinger Avenue, property owner, stated that most shops in the center close at 7:00 PM and that Condition No. 5.a should not have a restricted time of occupancy. Thomas Trinh, 6838 Edinger Avenue, applicant, spoke in support of the request with an amendment to Condition No. 5.a. Dave Peckenpaugh, 16101 Goldenwest Street, leasing agent, spoke in support of the proposed request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 97-78 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. 97-78: I . Conditional Use Permit No. 97-78 for the establishment, maintenance and operation of the proposed expansion of the existing restaurant with alcoholic beverage sales and consumption in conjunction with food service into a 1,460 square foot adjoining tenant suite and for joint use of parking spaces 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 food service. Adequate parking will be provided through a joint use parking agreement to be recorded indicating no conflict in the operating hours based on parking space requirements for the different uses on the property. 2. The conditional use permit will be compatible with surrounding uses because the proposed restaurant expansion with alcohol sales and consumption in conjunction with food service is located in a commercial center. It is also buffered from the abutting residential use to the west by a solid masonry wall. ZA Minutes — 4/8/98 12 (98ZM0408) I I I WA r�� 3. The proposed restaurant expansion with alcohol sales and consumption in conjunction with food 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. It is allowed in commercial districts by approval of a conditional use permit. Adequate parking will be provided through a joint use parking agreement to be recorded. 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 a variety of commercW uses, including eating and drinking establishments. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 97-78: 1. The site plan and floor plan received and dated September 25, 1997, and the seating plan received and dated March 30, 1998 shall be the conceptually approved layout. 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). 3. Prior to issuance of building permits, the following shall be completed: a. Joint use parking shall require a Joint Use Parking Agreement be recorded between property owners prior to issuance of permits or occupancy. The legal instrument shall be submitted to the Department of Community Development a minimum of 30 days prior to building permit issuance. A copy of the legal instrument shall be approved by the City Attorney as to form and content and, when approved, shall be recorded in the Office'of the County Recorder. A copy of the recorded agreement shall be filed with the Department of Community Development. (Code Requirement) The Joint Use Parking Agreement shall include proof of concurrence in writing by all affected tenants to the approval of the Community Development Department. 4. Prior to final building permit inspection and approval 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. b. 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. c. Signage for this business shall be modified as needed to comply with the applicable Planned Sign Program and Sign Ordinance. Flashing illumination (white flashing lights on the perimeter of the business identification sign) is prohibited and shall be removed prior to occupancy of the expansion suite. ZA Minutes — 4/8/98 13 (98ZM0408) 5. The use shall comply with the following: a. Only the uses described in the narrative received and dated September 25, 1997 shall be permitted. The portion of the restaurant located at the adjacent suite at 6838 Edinger will only be used/occupied from 6:00 p.m. to 10:00 p.m. Any revision to these operating hours will require an am�endment to this entitlement, and the provision of additional parking or modification of the joint use parking agreement. b. Prior to the sale of alcoholic beverages at the adjacent suite at 683 8 Edinger, 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. 6. 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 REOUIREMENTS: 1 . Conditional Use Permit No. 97-78 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-78 shall become null and void dpless exercised within one year of the date of final approval or such extension of time as m'aybe 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. 97-78, 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. 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. 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 - 4/8/98 14 (98ZM0408) V� ITEM 6: CONDITIONAL USE PERMIT NO. 98-16 (SODERSTROM RESIDENCE) APPLICANT/ PROPERTY OWNER: Jerry Soderstrom, 602-22 d Street, Huntington Beach, CA 92648 REQUEST: To convert a portion of an existing third -story mechanical room into habitable space. LOCATION: 602-22 nd Street (west side of 22 nd Street, north of Acacia Avenue) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, displayed site plan and photographs, stating the request is to convert a portion of an existing third -story mechanical room into habitable space at 602-22nd Street. Staff stated that no additional floor area is being added. Staff is recommending approval of the proposed request as there will be no addition or alteration to the third story exterior walls, other than a translucent window. The existing third -story is designed to integrate with the existing residence and the site is physically suitable for this type of development. In addition, since the third story will not be expanded in height and square footage, it will not visually dominate and contrast significantly with the character of the neighborhood. The third story conversion to habitable area would be compatible with other homes within the Oceanpointe Development, and would not set a precedence since no views will be obstructed and the conversion will not alter the open space for the site. THE PUBLIC HEARING WAS OPENED. Jerry Soderstrom, 602-22 nd Street, 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. Herb Fauland, Zoning Administrator, stated that he would be approving the request with the addition of a finding to reflect that the existing open space on the third floor will be maintained, and none of the existing views from adjacent residences will be impacted. CONDITIONAL USE PERMIT NO. 98-16 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. 98-16: 1 Conditional Use Permit No. 98-16 for the establishment, maintenance and operation of an existing third -story mechanical room to be converted into habitable space 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, since there will be no addition or alteration to the third story exterior walls, other than a translucent window. The existing third -story is designed to integrate with the existing residence and the site is physically suitable for this type of development. ZA Minutes — 4/8/98 is (98ZM0408) 2. The proposed project will be compatible with surrounding uses because the proposed colors, materials, and design of the existing third story will be compatible with the existing residence and with other roof top elements within the surrounding neighborhood (Oceanpointe). In addition, since the third story will not be expanded in height and square footage, the existing open space on the third floor will be maintained, none of the existing views from adjacent residences will be impacted and it will not visually dominate and contrast significantly with the character of the neighborhood. 3. The proposed project 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 proposed addition and remodel will comply with the provisions of the RMH-A 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 third story conversion to habitable area would be compatible with other homes within the Oceanpointe development, and would not set a precedence since no views will be obstructed and the conversion will not alter the open space for the site. 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 Medium High Density (RMH-25) 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. Insure that structures and sites are designed and constructed to maintain their long-term quality (LU 4.2). CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 98-16: 1. The site plan, and elevations received and dated February 11, 1998 shall be the conceptually approved layout with the following modification: a. The third story window shall consist of translucent glazing material. b. The third story shall not exceed a total of 500 square feet in area, including the deck and the enclosed habitable area. 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 submit a copy of the 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. ZA Minutes — 4/8/98 16 (98ZM0408) I I 4. Prior to final building inspection, the following shall be completed: a. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. b. 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 REOUIREMENTS: 1 . Conditional Use Permit No. 98-16 shall not become effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 98-16 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. 98-16, 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 Copnty 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 2:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 15,1998 AT 1:30 PM. He auland Zoning Administrator : kj I ZA Minutes — 4/8/98 17 (98ZM0408)