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Home My WebLink About1998-11-18• • 0 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, NOVEMBER 18, 1998 - 1:30 P.M. ZONING ADMINISTRATOR: STAFF MEMBER: MINUTES: ORAL COMMUNICATION: Herb Fauland Victor Van Zandt, Peter Vanek None None ITEM 1: CONDITIONAL USE PERMIT NO. 98-75 (PERUVIAN GRILL ALCOHOL SALES APPLICANT: Peruvian Grill, 9606 Hamilton Avenue, Huntington Beach, CA 92646 PROPERTY OWNER: Kenneth Reynolds, 9421 Leilani Drive, Huntington Beach, CA 92646 REQUEST: To permit the sale of beer and wine at an existing restaurant. LOCATION: 9606 Hamilton (south side, east of Bushard) PROJECT PLANNER: Victor Van Zandt Victor Van Zandt, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff presented a review of the suggested findings and conditions of approval. Staff stated that the Police Department (PD) recommended that a condition be added limiting the sales, service and consumption of beer and wine to patrons seated at tables only and in conjunction with the consumption of food. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. 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 that the controls imposed by the ABC were sufficient control for the sale of alcohol. Mr. Fauland stated that he was going to approve the request with the suggested conditions of approval as submitted by staff in the staff report. CONDITIONAL USE PERMIT NO. 98-75 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 PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because no construction nor any environmental impact will occur. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 98-75: Conditional Use Permit No. 98-75 for the establishment, maintenance and operation of beer and wine 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 existing restaurant already has a client base which has requested beer and wine service. The added alcohol service at the restaurant will not have an impact on the neighborhood. 2. The conditional use permit will be compatible with surrounding uses because the restaurant with • proposed alcohol sales is located within an existing commercial area and is surrounded by existing retail uses, except for the residential neighborhood to the east. It is buffered from the residential areas by a solid masonry wall. 3. The proposed beer and wine 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. The restaurant use complies with the CG (General Commercial) zoning on the property. 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 CN (Neighborhood 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, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. (LU 10.1) b. 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. (ED 2.4.3) is ZA Minutes 11/18/98 2 (98zm1118) • CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 98-75: 1. The site plan, floor plans, and elevations received and dated September 30, 1998 shall be the conceptually approved layout. 2. 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 Planning Department 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 shall be permitted. 3. The Planning Director ensures that all conditions of approval herein are complied with. The Planning 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 Planning 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. of INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 98-75 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 98-75 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 Planning Department a minimum 30. days prior to the. expiration date. 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 98-75, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Department of community Development. 6. The applicant shall submit a check in the amount of $3 8.00 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 Planning Department within two (2) days of the Zoning Administrator's action. ZA Minutes 11/18/98 3 (98zm1118) ITEM 2 COASTAL DEVELOPMENT PERMIT NO 98-24 (MILANO RESIDENCE) • APPLICANT: Thomas Metivier, 5492 Edinger Avenue, #113-190, Huntington Beach, CA 92649 PROPERTY OWNER: P.R. Milano, 16722 Baruna Lane, Huntington Beach, CA 92649 REQUEST: To permit a 809 square foot second story addition to an existing single - story, single family residence. LOCATION: 16722 Baruna Lane (east side, north of Davenport Drive) PROJECT PLANNER: Victor Van Zandt Victor Van Zandt, Staff Planner, stated that the location for this item was incorrectly advertised as 16772 Baruna Lane. Staff requested a continuance to the next available Zoning Administrator meeting in order to correct and re -advertise the request. Herb Fauland, Zoning Administrator, confirmed with staff that the applicant is aware and agrees to the continuance. AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS NOT OPENED. COASTAL DEVELOPMENT PERMIT NO. 98-24 WAS CONTINUED TO THE DECEMBER 9, 1998 MEETING 0 THE MEETING WAS ADJOURNED AT 1:40 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY DECEMBER 9, 1998 AT 1:30 PM. -A \1 Herb Fauland Zoning Administrator rmk • ZA Minutes 11/18/98 4 (98=1118)