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HomeMy WebLinkAbout1998-04-15MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, APRIL 15,1998 - 1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Joseph Thompson, Kim Klopfenstein, Peter Vanek, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: ENVIRONMENTAL ASSESSMENT NO. 97-9/TENTATIVE TRACT MAP NO. 15499/CONDITIONAL USE PERMIT NO. 97-38 (GARFIELD SUBDIVISION) APPLICANT: Feridoun-Rezai Development, 203 Trojan Street, Anaheim, CA 92804 PROPERTY OWNER: Garfield Square L.L.C., 203 Trojan Street, Anaheim, CA 92304 REQUEST: To permit subdivision of 0.48 acres into a one (1) lot subdivision for condominium purposes and construct six (6) single family dwellings. LOCATION: 7801 Garfield Avenue (north side of Garfield Avenue between Delaware and Florida Streets) PROJECT PLANNER: Joseph Thompson Joe Thompson, Staff Planner, displayed tract map and site plan stating the request is to permit subdivision of 0.48 acres into a one (1) lot subdivision for condominium purposes and construct six (6) single family dwellings at 7801 Garfield Avenue. Staff is recommending approval of the proposed request as the subdivision is consistent with the General Plan, the applicable specific plan and other applicable provisions of the Zoning Ordinance. The project site was evaluated by Environmental Assessment No. 97-9 and was found to have no adverse environmental effects. The location, site layout, and design of the proposed six (6) single family dwellings properly adapts the proposed structures to streets and other adjacent structures and uses in a harmonious manner. The project's design includes density, height, setbacks, and building bulk compatible with the area. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, stated he wants a condition added to provide one (1) unit to be affordable to families of low and moderate income levels. TENTATIVE TRACT MAP NO. 15499, CONDITIONAL USE PERMIT NO. 97-38 AND ENVIRONMENTAL ASSESSMENT NO. 97-9 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 - TENTATIVE TRACT MAP NO. 15499: 1. Tentative Tract Map No. 15499 for subdivision of 0.48 acres into a one (1) lot subdivision for condominium purposes is consistent with the General Plan Land Use Element designation of Residential Medium Density on the subject property, or any applicable specific plan, or other applicable provisions of this Code 2. The site is physically suitable for the type and density of development at 12 units per acre. The site was previously studied for a greater intensity of land use (15 units per acre) at the time the General Plan land use designation was adopted for the property. The size, depth, frontage, and other design features of the proposed subdivision are in compliance with the General Plan. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site was evaluated by Environmental Assessment No. 97-9 and was found to have no adverse environmental effects. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, pro, perty within the proposed subdivision unless alternative easements, for access or for use, -�Vill be provided. The subdivision will provide all necessary easements and will not affe6t any existing easements. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 97-38: 1 . Conditional Use Permit No. 97-38 for the establishment, maintenance and operation of the six (6) single family dwellings 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 location, site layout, and design of the proposed six (6) single family dwellings properly adapts the proposed structures to streets and other adjacent structures and uses in a harmonious manner. 2. The proposed project will be compatible with surrounding uses because the proposed colors, materials, and design will be similar to existing multi -family dwellings in the neighborhood. The project's design includes density, height, setbacks, and building bulk compatible with the area. 3. The proposed six (6) single family dwellings 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 residential units m eet all code provisions, including lot size, setbacks, density, and parking. ZA Minutes — 4/1 ShO 0� 2 (98ZM0415) I I 4. The proposed project will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Medium Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU9.1.2: Requires that single-family residential units be designed to convey a high level of quality and character considering the following guidelines: 1) Modulate and articulate building elevation, facades and masses (avoiding undifferentiated "box -like" structures). 2) Encourage innovative and creative design concepts. CONDITIONS OF APPROVAL - TENTATIVE MAP NO. 15499: 1. The tentative map received and dated February 17, 1998 and the Site Plan and Elevations received and dated April 6, 1998, shall be the approved layout. 2. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. All vehicular access rights to Garfield Avenue shall be released and relinquished to the City of Huntington Beach except at locations approved by the Zoning Administrator. b. Hydrology and hydraulic studies for the entire site shall be submitted for Public Works review and approval. The developer shall design and construct the drainage system required to serve the development. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works approved method. c. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Standards. d. A sewer study, including the existing system, shall be submitted for Public Works approval. A flow test will be required at the manhole between Florida Street and Delaware Street. e. The developer shall install a new 8" sewer within the driveway area with 4" laterals to each home. In addition, a new manhole will be required to be constructed within Garfield Avenue. f. A Grading Plan, prepared by a Registered Civil Engineer, shall be submitted for review and approval. g. The developer shall remove and replace the existing sidewalk and driveway on Garfield Avenue adjacent to the project. h. The existing traffic signal interconnect shall be protected in place. C� 9, - ZA Minutes — 4/15/90 3 (98ZM0415) L The developer shall submit a composite utility plan, showing water system improvements and all other underground utilities (existing and proposed) to each proposed structure. The plan shall include travelway locations and identify irrigation areas, including service connections for water and sewer to each building, public and private fire hydrants, valves, and other appurtenances, in accordance with applicable Uniform Plumbing Code, City Ordinances, Public Works Standards, and Water Division Design Criteria. These plans shall be approved by the Public Works Water Division prior to any construction. j. All water systems constructed within the City of Huntington Beach shall be designed, installed and inspected to meet minimum requirements of the City Water Division. k. All dwelling units shall require a separate domestic water meter and service. All domestic water meters shall be sized per the Uniform Building Code, Building Department and Fire Department Standards. 1. The developer shall remove the existing water meter and abandon service to the main on Garfield Avenue. in. Final design elevations of grading shall not vary form elevations shown on the tentative map by more than one (1) foot unless approved by the City Engineer. n. A reproducible mylar copy and a print of the recorded map, along with a digital graphics file of the recorded map, shall be submitted to the Department of Public Works. o. The following shall be dedicated to the City of Huntington Beach: 1) The water system and appurtenances. 2) The sewer system and appurtenances. oot public utility easement. 3) The two f 4) Sub -surface water rights. p. Any existing water service shall be abandoned, at the main, per Public Works Water Division specifications. q. The developer shall install new curb, gutter and sidewalk on Garfield Avenue fronting the site per Public Works requirements. r. All common area improvements shall be completed by the developer. s. The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. I t. The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital -graphics file of said map in a manner described in Sections 7-9- 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 1 ZA Minutes — 4/15/99 4 (98ZM0415) u. An Affordable Housing Agreement Plan shall be submitted for review and approval by the Department of Community Development. The plan shall provide one (1) unit to be affordable to families of low and moderate income level up to 120% of Orange County median for a period of thirty years. Said plan shall be executed prior to issuance of the first building permit for the tract. The affordable units shall be under construction, or available to the public, prior to final building permit approval (occupancy) of the first home. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 97-38: 1. The site plan, floor plans and elevations received and dated April 6, 1998 shall be the conceptually approved layout with the following modiflcations: a. The landscape strip located just inside the entrance on the east property line shall be reduced to allow for the required 25' turning radius into Unit # 1. b. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) c. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Back flow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) d. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) e. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. f. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 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. All Fire Department requirements shall be noted on the building plans. (FD). ZA Minutes — 4/15/99' 18 5 (98ZM0415) c. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (Code Requirement) (PW) d. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologisfs report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) e. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units. 3. Prior to issuance of grading permits, the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) 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. (PW) c. Block-wall/fencing plans shall be submitted to and approved by the Department of Community Development. Double walls shall be prohibited. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. 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. I for review and approval and inclusion in the entitlement file to the Department of Community Development. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. ZA Minutes — 4/15/�9 � 1Z 6 (98ZM0415) I E The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. The two existing mature trees that must be removed shall be replaced at a two to one ratio (2: 1) with minimum 3 6 inch box tree or palm equivalent (13'- 14' trunk height for queen palms and 8'-9' of brown trunk) and shall be incorporated into the project's landscape plan. (PW) (Code Requirement) c. Hydrology and hydraulic studies shall be submitted to the Department of Public Works for approval. The developer shall design and construct the drainage system required to serve the development. (PNV) d. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Envirom-nental Engineer. Grates shall be used in lieu of side opening catch basins to collect debris. (NPDES) e. The developer shall submit a separate utility plan showing water system improvements, including service connections to each building, fire hydrant, valves, back -flow devices and other appurtenances in accordance with applicable U.P.C., City ordinances, Public Works Standards and Water Division design criteria. These plans shall be approved by the Public Works Water Division and the City of Huntington Beach Fire Department prior to any construction. (PW) f. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot. (PW) g. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. h. All conditions of Tentative Tract No. 15499 shall apply. 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 10 ZA Minutes — 4/1 51W (98ZM0415) 6. Prior to final building permit inspection and approval of the first residential unit (or commencement of use), the following shall be completed: a. The applicant shall restripe the parking lot so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance. b. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: I 1) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) 2) Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. (FD) 3) On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. (FD) 4) An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. (FD) 5) Trash pickup shall be provided by Rainbow Disposal. Trash shall be picked up on a tenant by tenant basis. c. 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. d. The project will comply will all provisions of Huntington B�eadh Municipal Code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. (FD) e. If the lots are not considered exempt by FEMA, a second elevation certificate shall be submitted to the Planning Division for each unit "as built." f, A separate water meter and back -flow prevention device shall be provided for the irrigation system. . g. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and specifications. h. Automatic sprinkler systems shall be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. (FD) i. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. ZA Minutes — 4/15/99 (98ZM0415) I 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. Conditional Use Permit No. 97-38 and Tentative Map No. 15499 shall not become effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 97-38 and Tentative Map No. 15499 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 PermitNo. 97-38 and Tentative Map No. 15499, 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. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 6. An encroachment permit shall be required for all work within the right-of-way. (PW) 7. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the building. 8. Park and Recreation fees shall be paid prior to approval of the final map by the City or at issuance of building permits. 9. State -mandated school impact fees shall be paid prior to issuance of building permits. 10. 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. 11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 12. 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. ZA Minutes — 4/15/0R6 9 (98ZM0415) 13. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the Couply of Orange and submitted to the Department of Community Development within two (2) days of the Zoning Administrator's action. ITEM 2: VARIANCE NO. 98-1 (GREENLEAF RESIDENCE) APPLICANT: Michael Del Monaco, 9910 Camrose Circle, Fountain Valley, CA 92708 PROPERTY O)VNER: Harvey and Wende Greenleaf, 7702 Yukon Drive, Huntington Beach, CA 92648 REQUEST: To allow a six (6) foot and four (4) inch roofline extension over an existing upper level balcony, with a reduced front setback of seven (7) feet and eight (8) inches, in lieu of 15 feet. LOCATION: 7702 Yukon Drive (north of Ellis Avenue and west of Delaware Street) PROJECT PLANNER: Kim Klopfenstein Kim Klopfenstein, Staff Planner, displayed site plan and photographs stating the request is to allow a six (6) foot and four (4) inch roofline extension over an existing upper level balcony at 7702 Yukon Drive. I Staff is recommending approval of the proposed request as it will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Variances to required setbacks have been granted on similarly zoned properties in the general vicinity. Also, the roofline extension would not create any adverse impacts to aesthetics, setbacks, and open space for the lot since it 'Will only cover and not enclose an existing balcony. Herb Fauland, Zoning Administrator, stated concern that the roof overhang would accommodate an enclosed structure. He asked staff if any covenants would be placed on this property to prohibit an enclosed habitable area. Staff stated that they would need to come in for permits for any additions. THE PUBLIC HEARING WAS OPENED. Dick Harlow, 211 -B Main Street, representing 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. VARIANCE 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. 113 ZA Minutes — 4115190 10 (98ZM0415) I I I FINDINGS FOR APPROVAL - VARIANCE NO. 98-1: I . The granting of Variance No. 98-1 for a six (6) foot four (4) inch roofline extension over an existing upper level balcony in the front yard with a reduced front setback of seven (7) feet and eight (8) inches in lieu of fifteen (15) feet will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Variances to required setbacks have been granted on similarly zoned properties in the general vicinity. 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 subject property is situated at the end of a curve in the street, where Manitoba Lane curves into Yukon Drive. Although the front of the lot is ninety-one (91) feet in width, there is only forty (40 feet) of street frontage, consequently, the remaining fifty-one (5 1) feet functions more as a side yard. The roofline extension on the north elevation of the garage would be oriented toward the side yard of the property located north of the site, instead of the street. The roofline extension would not create any adverse impacts to aesthetics, setbacks, and open space for the lot since it will only cover and not enclose an existing balcony. 3. The granting of a variance is necessary to preserve the en oyment of one or more substantial property rights. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The property is developed with a two-story home and an upper level balcony and attached garage. The existing balcony and staircase encroach four (4) feet and six (6) inches into the required fifteen (15) foot front setback area. There is no possibility to extend the roofline over the balcony, without further encroaching into required front setback. The variance request would allow the property owner to cover the upper level balcony, thereby allowing the property owner covered walkway for safe access to the upper level of the home during inclimate weather. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The roof extension will be architecturally compatible with the existing home and will not alter the existing residential use. It is consistent with the Land Use Element designation of Low Density Residential (RL) on the subject property and 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. Identify that structures and site are designed and constructed to maintain their long term quality (LU 4.2) CONDITIONS OF APPROVAL - VARIANCE NO. 98-1: 1. The site plan, floor plans, and elevations received and dated January 16, 1998, shall be the conceptually approved layout. 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). ZA Minutes — 41151,W (98ZM0415) q9 3. 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. 4. The Community Development Director ensures that all conditions of approval herein are complied with. The Comintinity 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. 98-1 shall not become effective until the ten day appeal period has elapsed. 2. Variance 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 Variance 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 ldcal, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. . I 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 Counly of Orange and submitted to the Department of Community Development within two (2) days of the Zoning Administrator's action. ITEM 3: CONDITIONAL USE PERMIT NO. 98-II/COASTAL DEVELOPMENT PERMIT NO. 98-7 (JAN'S HEALTH BALZ) APPLICANT: PROPERTY OWNER: REQUEST: LOCATION: PROJECT PLANNER: Jan Gaffney, 501 Main Street, Suite D, Huntington Beach, CA 92648 501 Main Inc., 201 Wilshire Blvd., A28, Santa Monica, CA 90401 To permit outdoor dining on private property in conjunction with Jan's Health Bar. 501 Main Street, Suite D (north side of Main Street, east of Orange Avenue and west of Pecan Avenue) Kim Klopfenstein q6 ZA Minutes — 411511W 12 (98ZM0415) I L I Kim Klopfenstein, Staff Planner, displayed site plan stating the request is to permit outdoor dining on private property in conjunction with Jan's Health Bar at 501 Main Street, Suite D. Staff stated that they will add a condition that requires all signs to conform to the planned sign program for the center. Staff is recommending approval of the proposed request as it complies with the clear passage provisions of the Downtown Specific Plan for private sidewalk area and maintains the required eight (8) foot clear passage area for pedestrian access. The outdoor dining will conform to all applicable City codes and specific plan requirements. 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. 98-11 AND COASTAL DEVELOPMENT PERMIT NO. 98-7 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. 98-7: I . Coastal Development Permit No. 98-7 for outdoor dining in conjunction with an existing restaurant as proposed with conditions of approval, conforms with the Coastal Element of the General Plan, including the Local Coastal Program. The proposed outdoor dining will not impact public views or access to coastal amenities. The use complies with the clear passage provisions of the Downtown Specific Plan for private sidewalk area and maintains the required eight (8) foot clear passage area for pedestrian access. - 2. The project is consistent with the requirements of the CZ Overlay District, the Downtown Specific Plan, as well as other applicable provisions of the Huntington Beach Local Coastal Program applicable to this property. The outdoor dining will conform to all applicable City codes. The use will maintain a clear passage area, not exceed the maximum number of tables and seats, will provide a cordon for the dining area and will comply with all other outdoor dining standards. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure currently exists to the site. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities to coastal amenities will be affected by the outdoor dining. 0�0 ZA Minutes — 411519�( 13 (98ZM0415) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 98-11: 1. Conditional Use Permit No. 98-11 for the establishment, maintenance and operation of an outdoor dining area on private property in conjunction with 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. In addition, handicapped accessibility is provided, pedestrian traffic is not inhibited, building entryways are not obstructed, and public use of the private sidewalk area does not restrict pedestrian and business service. An eight (8) foot clear pedestrian passage will be maintained. 2. The proposed Conditional Use Permit for outdoor dining on private property will comply with the provisions of the base district and other applicable provisions in the Downtown Specific Plan, Downtown Design Guidelines, and any specific condition required for the proposed use in the district in which it will be located. The use does not require any additional parking because the total outdoor dining area conforms with the thresholds established in the Downtown Specific Plan. 3. The granting of the conditional use permit will not adversely affect the General Plan. The outdoor dining use is consistent with the Land Use Element designation of mixed use on the subject property. In addition, the use is consistent with the following goals and policies of the General Plan: a. Achieve a pattern of land uses that preserves, enhances, and establishes a distinct identity for the City's neighborhoods, corridors, and centers. b. Enrich the quality of life for all citizens of Huntington Beach by providing constructive and creative leisure opportunities. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 98-7/ CONDITIONAL USE PERMIT NO. 98-11: 1. The attached site plan dated February 18, 1998 (Exhibit A) shall be the conceptually approved layout and shall comply with the following: a. The outdoor dining shall be located only in the areas shown on Exhibit A. b. Three (3) tables and twelve (12) chairs (the equivalent of 92.5 square feet) shall be permitted for outdoor dining. c. Temporary cordons shall be installed in locations indicated on Exhibit "A". d. A minimum 48 inch access path shall be provided for the disabled to the public way. 2. The outdoor dining use shall comply with the following: a. A minimum eight (8) foot clear passage area free of obstruction shall be maintained between the tree wells and the tables and chairs. - b. Hours of operation for the outdoor dining area shall be consistent with those of the restaurant. c. All features of the outdoor dining (e.g., tables, chairs) shall be maintained in a neat and clean manner. ZA Minutes — 411519� q ro 14 (98ZM0415) I I I I d. Tables and chairs shall not block occupancy exits. (FD) e. The outdoor dining features shall not project into the required passage area or access paths. f. Cordons shall be a minimum of 36 inches and a maximum of 42 inches in height. g. All features of the outdoor dining (e.g., tables, and chairs) shall be compatible with the exterior color scheme of the building. 3. All outdoor dining features including but not limited to tables, chairs, and umbrellas shall be removed when not in use. 4. The Zoning Administrator shall be notified in writing if any changes to the outdoor dining features, including number of tables and total area, are proposed. No changes shall be made until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Coastal Development P�rmitNo. 98-7 and Conditional Use PerrnitNo. 98-11 shall not become effective until the ten day appeal period has elapsed. 2. Coastal Development Permit No. 98-7 and Conditional Use Permit No. 98-11 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 use shall comply with all applicable provisions of the Local Coastal Program, Building Division, and Fire Department. 4. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 5. All signage shall comply with Planned Sign Program No. 91-11 (Revised) and the Downtown Design Guidelines. 6. No alcohol sales or consumption shall be permitted on public property. 7. There shall be no sales to motorists or persons in vehicles. 8. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 98-7 and Conditional Use Permit No. 98-11 and if any violation of these conditions of the Huntington Beach Local Coastal Program occurs. q0 ZA Minutes — 4/15/04 15 (98ZM0415) THE MEETING WAS,�'DJOURNED AT 1:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 22,1998 AT 1:30 PM. --k 4'zz��Q He'rb—Faula—nd- % Zoning Administrator :kj I q� ZA Minutes — 41149 16 (98ZM0415) I'