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HomeMy WebLinkAbout1998-08-191 I MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, AUGUST 19,1998 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Wayne Carvalho, Joseph Thompson, Peter Vanek MINUTES: None ORAL COMMUNICATION: None ITEM 1: TENTATIVE PARCEL MAP NO.98-113/CONDITIONAL USE PERMIT NO.98-21/NEGATIVE DECLARATION NO.98-3 (PICOZZI INDUSTRIAL BUILDINGS) APPLICANT: Burke Real Estate Group, 1805 E. Garry Avenue, #100, Santa Ana, CA 92705 PROPERTY OWNER: Parkview, Edward M. Picozzi, 31480 Nicolas Road, Temecula, CA 92591 REQUEST: To develop eight (8) industrial buildings ranging in size from 5,230 square feet to 6,504 square feet, totaling 49,236 square feet on two (2) adjacent lots with a combined land area of 2.85 acres. LOCATION: 18241 and 18251 Gothard Street (west side of Gothard Street between Talbert and Ellis Avenues) PROJECT PLANNER: Joseph Thompson Joseph Thompson, Staff Planner, stated that staff is recommending continuance of this item to the September 9, 1998 meeting due to issues brought forth by the Fire Department. The issues concern increased methane gas levels occurring since the methane report was completed. Due to this, the Fire Department is requiring the applicant to bore additional holes in the subject site to better determine the extent of the methane gas. Staff stated that the Fire Department is also waiting for a more definitive answer from the County as to when a methane extraction plan will be in place to help mitigate the methane concern. Herb Fauland, Zoning Administrator asked staff if the applicant is in concurrence with that request. Staff stated that the applicant concurred. TENTATIVE PARCEL MAP NO.98-113, CONDITIONAL USE PERMIT NO.98- 21 AND NEGATIVE DECLARATION NO.98-3 WAS CONTINUED WITH PUBLIC HEARING OPEN BY THE ZONING ADMINISTRATOR TO THE SEPTEMBER 9,1998 MEETING. ITEM 2: CONDITIONAL USE PERMIT NO.98-40 (SUPER MEX EXPANSION/OUTDOOR DINING) APPLICANT: Michael Luna, 31681 Camino Capistrano, Suite 105, San Juan Capistrano, CA 92675 PROPERTY OWNER: Pacific Retail Trust, 14200 Culver Drive, suite 5, Irvine, CA 92604 REQUEST: To permit a 685 square foot restaurant expansion into an adjacent suite, and a 250 square foot outdoor patio area to an existing restaurant with alcohol sales. LOCATION: 19684 Beach Boulevard (Newland Center) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed a site plan stating that the request is to expand an existing restaurant into an existing adjacent retail suite. The request is also to construct an outdoor patio to allow for dining and alcohol consumption. The proposed request received approval from the Design Review Board as submitted with one recommendation. The Board recommended that if a landscape planter were to be placed in front of the proposed new wall, a landscape plan would be required for city approval. The applicant has not responded to this recommendation. The outdoor dining area would be designed with the same materials as the existing building. The expansion will require three (3) additional parking spaces, which can' be accommodated within the center. No calls or letters have been received. Staff is recommending approval of the proposed request as outlined in the suggested findings and conditions of approval. Herb Fauland, Zoning Administrator, asked staff what their recommendation was in regards to the landscape planter. Staff stated that they are in support of the DRB's recommendation. Mr. Fauland suggested an addition to the conditions of approval to include the date of the Design Review Board approval and their recommendation. Also, include a condition that allows only the uses described in the narrative and the date the narrative was received. ZA Minutes — 8/19/98 2 (98ZM0819) THE PUBLIC HEARING WAS OPENED. Jane Steichen, 31681 Camino Capistrano, San Juan Capistrano, representing the applicant, stated that she concurred with staff s recommendation and conditions of approval. Herb Fauland, Zoning Administrator, asked Ms. Steichen if the applicant is proposing a landscape planter. Ms. Steichen stated that the applicant has not yet decided on the recommedation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.98-40 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.98-40: 1. Conditional Use Permit No. 98-40 for the establishment, maintenance and operation of a 685 square foot restaurant expansion into an adjacent suite, and a 250 square foot outdoor patio area to an existing restaurant with alcohol sales 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 expansion will occupy an existing retail suite, with the outdoor dining area oriented toward the parking lot and Beach Boulevard. 2. The conditional use permit will be compatible with surrounding uses. The restaurant expansion and outdoor dining area will be compatible with the adjacent retail, and restaurant uses, including the existing outdoor plaza area. 3. The 685 square foot restaurant expansion into an adjacent suite, and a 250 square foot outdoor patio area to an existing restaurant with alcohol sales will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of General Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, ZA Minutes — 8/19/98 3 (98ZM0819) serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. b. Accommodate the development of neighborhood, community, regional, office and visitor -serving commercial uses in areas designated on the Land Use Plan Map in accordance with Policy 7.1.1. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.98-40: 1. The site plan, floor plans, and elevations received and dated June 1, 1998 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict colors and building materials proposed, as recommended by the Design Review Board on August 13, 1998. 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. If a landscape planter is proposed as part of this project, a Landscape and Irrigation Plan shall be submitted for review and approval by the Public Works and Community Development Departments. In addition, a revised set of site plans shall be submitted for inclusion into the entitlement file. 3. Prior to final building permit inspection and approval or Certificate of Occupancy, 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. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) c. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. d. 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 — 8/19/98 4 (98ZM0819) 4. The use shall comply with the following: a. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Department of Community Development for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. b. Only the uses described in the narrative dated May 20, 1998 shall be permitted. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 98-40 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 98-40 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. 98-40, 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. (PW) 5. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 6. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the building. 7. State -mandated school impact fees shall be paid prior to issuance of building permits. ZA Minutes — 8/19/98 5 (98ZM0819) 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. ITEM 3• SIGN CODE EXCEPTION NO 98-6 (DUKE'S, RUBY'S, AND CHIMAYO'S FREESTANDING SIGNS) APPLICANT/ PROPERTY OWNER: City of Huntington Beach, Jim Engle, Community Services Department, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To permit a 13 foot, six (6) inch high, 75 square foot freestanding monument sign identifying Duke's and Chimayo's Restaurants and a 14 foot high, 40 square foot freestanding monument sign identifying Ruby's Restaurant in lieu of one (1), six (6) foot high, 15 square foot monument sign. LOCATION: 1 Pacific Coast Highway (Huntington Beach Pier Plaza) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed a site plan stating that the request is to allow two (2) freestanding signs at the Pier Plaza to identify Duke's and Chimayo's restaurants. The request does exceed the criteria specified in the Downtown Design Guidelines of allowing one (1), six (6) foot high, 15 square foot monument sign. The Design Review Board recommended approval of this item as submitted. Staff explained the proposal is to provide adequate sign exposure over the cars that are parked along Pacific Coast Highway, and because of the slight grade differential between the sidewalk and the plaza. Staff further noted the bus shelter and other signs that exceed the actual proposed heights and sign area in the immediate vicinity. The use is compatible with the other signs within the Pier Plaza area. No calls or letters have been received. Staff is recommending approval of the proposed request as outlined in the suggested findings and conditions of approval. ZA Minutes — 8/19/98 6 (98ZM0819) Herb Fauland, Zoning Administrator, suggested staff include an additional finding for the exception to height being the pedestrian traffic in the area. THE PUBLIC HEARING WAS OPENED. Jim Engle, Community Services Department, stated that he concurred with staffs recommendation and conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. SIGN CODE EXCEPTION NO.98-6 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 - SIGN CODE EXCEPTION NO.98-6: 1. Sign Code Exception No. 98-6 for 13 foot, six (6) inch high, 75 square foot freestanding monument sign identifying Duke's and Chimayo's Restaurants and a 14 foot high, 40 square foot freestanding monument sign identifying Ruby's Restaurant is compatible with the character of the area and is needed for special circumstances defined by the applicant and approved by the Commission. The monument signs are necessary to allow for adequate business exposure over parked cars on Pacific Coast Highway and within the valet lot. In addition, the increased height will allow for visibility over an existing bus shelter located adjacent to the Ruby's sign. Furthermore, the increased sign height is necessary to minimize the potential for vandalism to the signs due to pedestrian traffic and loitering. 2. The proposed signage will not adversely affect other signs in the area. The freestanding monument signs will identify restaurant uses on the ocean side of Pacific Coast Highway and will not impact other signs on the north side of Pacific Coast Highway, or other signs in the Pier Plaza. 3. The proposed signage will not be detrimental to properties located in the vicinity. The signs will be located within the Pier Plaza and will not adversely impact the surrounding commercial and residential properties. 4. The proposed signage will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. The two monument signs will be located in landscape planters and will not encroach into site angle visibility areas. CONDITIONS OF APPROVAL — SIGN CODE EXCEPTION NO.98-6: 1. The site plan and sign elevations received and dated July 29, 1998 as recommended by the Design Review Board shall be the approved layout. ZA Minutes — 8/19/98 7 (98ZM0819) 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. 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. Sign Code Exception No. 98-6 shall not become effective until the ten day appeal period has elapsed. 2. Sign Code Exception No. 98-6 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- 6, 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 except for any sign code exceptions approved concurrently. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Department of Community Development. 7. Addresses shall be installed on the base of each monument sign. 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 — 8/19/98 8 (98ZM0819) THE MEETING WAS ADJOURNED AT PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, AUGUST 26, 1998 AT 1:30 PM. �3�WL4n Herb Fauland Zoning Administrator :kjl ZA Minutes — 8/19/98 9 (98ZM0819)