Loading...
HomeMy WebLinkAbout1998-07-15MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JULY 15,1998 -1:30 P.M. ,ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Joe Thompson, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: ENTITLEMENT PLAN AMENDMENT NO.98-3 (TAXI'S OUTDOOR PATIO) CONTINUED FROM THE JULY 8, 1998 MEETING) APPLICANT: Emil & Cody Varona, 318 Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: Bob Bolen, 322 Main Street, Huntington Beach, CA 92648 REQUEST: To permit a temporary outdoor patio at the rear of an existing restaurant/bar. LOCATION: 318 Main Street (northeast of Main Street and Olive Avenue) PROJECT PLANNER: Peter Vanek Joseph Thompson, Staff Planner, displayed a site plan stating the request had been continued from the July 8, 1998 meeting to allow the applicant to redesign the patio. Staff is recommending approval of the proposed request as the temporary patio will be enclosed by an eight (8) foot high wood fence and will not impact the surrounding uses. Staff stated that the temporary patio is in compliance with all setback requirements, but will occupy one (1) parking space. Staff does not feel that the removal of one (1) parking space for a temporary period will significantly impact the supply of parking on -site. Herb Fauland, Zoning Administrator, asked staff if the proposed patio is a temporary approval, what is the time frame. Staff stated that the request would be permitted until August 6, 1999, with the requirement that a $500.00 cash bond be posted to ensure the removal of the patio upon the expiration of the temporary time period. Mr. Fauland stated that additional wording should be incorporated in the findings to include the Findings that the proposed use is temporary, removal of the one (1) parking space will not impact the parking on -site and when the temporary use has expired the patio shall be removed or a variance request be filed for the loss of one (1) parking space. THE PUBLIC HEARING WAS OPENED. Emil Varona, 309-5th Street, requested that if the project under construction across the street is not finished by August 6, 1999 he would like to request a continuance. Staff explained to Mr. Varona the process for requesting a continuance. 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 add a condition that potential extension requests will be handled administratively by the Planning Director. ENTITLEMENT PLAN AMENDMENT NO.98-3 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 — ENTITLEMENT PLAN AMENDMENT NO.98-3: 1. Entitlement Plan Amendment No. 98-3 for the establishment, maintenance and operation of an outdoor patio 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. The proposed temporary patio is at the rear of the existing establishment and will be enclosed by an eight (8) foot high wood fence painted to match the building. 2. The Entitlement Plan Amendment for the temporary outdoor patio will be compatible with surrounding uses as the existing restaurant is surrounded by retail establishments. No surrounding uses will be impacted by the outdoor patio. 3. The proposed outdoor patio 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 with the exception of parking. The patio is in compliance with all setback requirements, but will occupy one parking space. The removal of one parking space for a temporary period of one year will not significantly impact the supply of parking on site. No additional parking is required for the proposed patio. 4. The granting of the Entitlement Plan Amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed -Use on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require the incorporation of adequate onsite open space and recreational facilities to serve the needs of the residents. (LU 11.1.4) b. Require that mixed -use developments be designed to mitigate potential conflicts between the commercial and residential uses. (LU 11.1.5) CONDITIONS OF APPROVAL — ENTITLEMENT PLAN AMENDMENT NO.98-3 1. The site plan, floor plans, and elevations received and dated May 27, 1998 shall be the conceptually approved layout with the following modifications: a. The proposed outdoor patio shall not exceed 280 square feet in area. ZA Minutes — 7/15/98 2 (98ZM0715) b. The site plan shall depict a minimum of eleven spaces immediately to the rear of the existing restaurant and bar. c. The outdoor patio enclosure shall be painted to match the building. 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. A patio seating plan shall be approved by the Fire Department. c. All Fire Department requirements shall be noted on the building plans including the following: (FD) 1) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. 2) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. d. A $500 bond shall be posted with the Department of Community Development to ensure the removal of the outdoor patio upon the expiration of the temporary time period. 3. Prior to final building permit inspection and approval, 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. 4. The use shall comply with the following: a. Hours of operation for the outdoor patio shall be limited to the hours between 8:00 a.m. and 12:00 a.m. daily. b. Tables and chairs shall not block required exits. c. The doors between the existing establishment and the outdoor patio shall remain closed at all times during live performances or amplified music within the existing establishment. d. All conditions of the Entertainment Permit as approved by the Police Department. e. No alcohol shall be permitted in the patio area. ZA Minutes — 7/15/98 3 (98ZM0715) f. The doors between the outdoor patio and the parking lot shall be utilized for emergency exiting purposes or vendor deliveries only. No entry to the establishment shall be permitted from the rear patio doors. g. - 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. h. No outdoor live performances or amplified music shall be permitted as part of the outdoor patio. 5. The use shall be valid for one (1) year from the date of approval. The temporary outdoor patio enclosure shall be removed by August 6, 1999. At that time, the applicant shall either apply for extension of the temporary use; upon which the Community Development Director has the discretion to approve or deny the extension of the temporary use, remove the outdoor patio, apply for participation in the In -Lieu Fee Parking Program or submit a variance to the parking requirements per Chapter 241 of the Zoning and Subdivision Ordinance. 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. Entitlement Plan Amendment No. 98-3 shall not become effective until the ten day appeal period has elapsed. 2. Entitlement Plan Amendment No. 98-3 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 Entitlement Plan Amendment No. 98-3, 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. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Department of Community Development. 7. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development ZA Minutes — 7/15/98 4 (98ZM0715) ITEM 2: CONDITIONAL USE PERMIT NO.98-35 (SMITH RESIDENCE) APPLICANT: The Louie Group, Louie Hernandez, 20902 Brookhurst, #201, Huntington Beach, CA 92646 PROPERTY OWNER: Roger Smith, 205-22°d Street, Huntington Beach, CA 92648 REQUEST: To enclose an existing third story covered deck. LOCATION: 205-22" d Street (west side of 22" d Street, between Olive and Walnut Avenues) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, displayed a site plan and photographs, stating that the request to enclose the existing third story covered deck is located in the RMH-A zone. No comments, written or verbal, have been received from the public. Staff is recommending approval of the proposed request as the site is physically suitable for this type of development and complies with applicable City zoning requirements. THE PUBLIC HEARING WAS OPENED. Louie Hernandez, 19312 Harding Lane, applicant, stated that he concurred with staff s report and recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.98-35 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.98-35: 1. Conditional Use Permit No. 98-35 for the establishment, maintenance and operation of an existing third -story covered deck to be enclosed and 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. 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. 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. In addition, since the third story will not be expanded in height and square footage, and the existing uncovered 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 or contrast significantly with the character of the neighborhood. ZA Minutes — 7/15/98 5 (98ZM0715) 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 same 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.98-35: 1. The site plan, floor plans, and elevations received and dated May 5, 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). 3. 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. 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 REOUIREMENTS: 1. Conditional Use Permit No. 98-35 shall not become effective until the ten-day appeal period has elapsed. ZA Minutes — 7/15/98 6 (98ZM0715) C r-, 2. Conditional Use Permit No. 98-35 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. 98-35, 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. ITEM 3: TEMPORARY USE PERMIT NO.98-7 (THE BLUFFS MODEL HOME COMPLEX) APPLICANT: Manning Homes, 20201 SW Birch Street, Suite 200, Newport Beach, CA 92660-1713 PROPERTY OWNER: PLC, 23 Corporate Plaza, Suite 250, Newport Beach, CA 92660 REQUEST: To establish a three (3) unit model home sales complex. LOCATION: Northwest corner of Edwards and Garfield PROJECT PLANNER: Peter Vanek Joe Thompson, Staff Planner, displayed a site plan stating the request will include a sales trailer and a design center. The use will not impede access to the remainder of the site. No comments, written or verbal, have been received from the public. Staff is recommending approval of the proposed request as it complies with the Huntington Beach Zoning and Subdivision Ordinance and applicable design standards. THE PUBLIC HEARING WAS OPENED. Peter Hemphill, 20201 SW Birch Street, Suite 200, Newport Beach, representing the applicant, 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. TEMPORARY USE PERMIT NO.98-7 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. ZA Minutes — 7/15/98 7 (98ZM0715) FINDINGS FOR APPROVAL — TEMPORARY USE PERMIT NO.98-7: 1. Temporary Use Permit No. 98-7 for the establishment, maintenance and operation of the thtee unit model home complex 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 proposed model home complex will be landscaped and provided with adequate parking and signage. 2. The conditional use permit will be compatible with surrounding uses. The model home complex will be located within the interior of the subdivision and will not impact the adjacent uses. 3. The proposed model home complex 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, including setbacks, landscaping, parking and signage. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Provide for the development of new residential subdivisions and projects that are configured to establish a distinct sense of neighborhood and identity. (LU 9.3) b. Require that single-family residential units be designed to convey a high level of quality and character. (LU 9.1.2) CONDITIONS OF APPROVAL — TEMPORARY USE PERMIT NO.98-7: 1. The site plan, floor plans, and elevations received and dated June 30, 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). 3. Prior to issuance of building permits, the following shall be completed: a. A $5,000 cash bond shall be posted with the City to guarantee compliance with the conditions of approval. 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 includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance. ZA Minutes — 7/ 15/98 (98ZM0715) y 4. Prior to combustible construction, asphalt roadways and fire hydrants serving the model homes shall be installed per Article 9 of the Huntington Beach Fire Code. (FD) 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. 6. Prior to final building permit inspection and approval of the first residential unit, 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. c. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) 7. The sales office and trailer shall be discontinued within 30 days following the close of escrow of the last unit. g. The sales office shall not be converted or expanded into a general business office for the contractor or developer. 9. The temporary sales trailer and design center shall be removed upon completion of the model homes. 10. Temporary signs and flags shall be permitted as part of the temporary use permit approval. The signs and flags shall be immediately removed upon the close of escrow of the last unit. The signs and flags shall comply with maximum height and size provisions of the zoning code. 11. All conditions of approval on Tentative Tract Map No. 14355 shall remain in effect. ZA Minutes — 7/15/98 9 (98ZM0715) 12. 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. Temporary Use Permit No. 98-7 shall not become effective until the ten day appeal period has elapsed. 2. Temporary Use Permit No. 98-7 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. 98-7, 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. State -mandated school impact fees shall be paid prior to issuance of building permits. 8. 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. 9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 10. 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. 11. 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 — 7/15/98 10 (98ZM0715) C THE MEETING WAS ADJOURNED AT 2:47 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JULY 29,1998 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl ZA Minutes — 7/15/98 11 (98ZM0715)