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HomeMy WebLinkAbout1998-12-160 • MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DECEMBER 16, 1998 - 1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Bob Goldin, Joe Thompson, Victor Van Zandt, Peter Vanek, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1:CONDITIONAL USE PERMIT NO.98-67 (MARIO'S OUTDOOR DINING AND SERVING OF ALCOHOL) APPLICANT: Mario Valenzuela, 15964 Springdale, Huntington Beach, CA 92647 PROPERTY OWNER: Robert Chan, P.O. Box 861056, Los Angeles, CA 90086-1056 REQUEST: To permit a 600 square foot outdoor dining area with alcohol sales on the west side of the existing restaurant. LOCATION: 15964 Springdale Street (northeast corner of Edinger Avenue and Springdale Street) PROJECT PLANNER: Bob Goldin Bob Goldin, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff stated that the request was re -advertised in order to incorporate both the outdoor patio and the sale of alcohol in the outdoor patio area. Staff presented a review of the proposed project and recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. No written or verbal comments were received in response to the public notification. Herb Fauland, Zoning Administrator, reviewed the plans with staff. Discussion ensued concerning signage, clear Plexiglas, and the serving of alcoholic beverages in glass containers reflecting the name of the restaurant. THE PUBLIC HEARING WAS OPENED. Mario Valenzuela, 15964 Springdale, applicant, stated that they have read and agree to the suggested conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland asked staff to modify the suggested conditions of approval as follows: Condition No. l .b: Signage on the outdoor patio walls shall be prohibited. Condition No. l.c: The Plexiglas partitions shall remain clear of all obstructions and shall not be enclosed or covered. Any enclosures to the patio area or outdoor partitions shall require review and approval by the Zoning Administrator. Condition No. 1.d: All alcoholic beverages shall be served in glass containers only. The name of the restaurant serving the beverage shall be permanently printed on each of the containers. CONDITIONAL USE PERMIT NO.98-67 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS . OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.98-67: l . Conditional Use Permit No. 98-67 for the establishment, maintenance and operation of the outdoor dining area with the sale of alcohol 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 that the use will be an addition to the existing restaurant that currently serves alcohol. 2. The conditional use permit will be compatible with surrounding uses as the outdoor dining area is on the west side of the existing restaurant and includes a screenwall around the outdoor dining area to serve as a noise buffer. The patio is located the farthest possible distance from the residential development to the east. In addition, the commercial center in which the restaurant is located has a block wall that separates the parking lot and restaurant from the residences to the east. As such, the outdoor dining area with alcohol sales on the west side of the existing restaurant will not adversely impact residents in the area. 3. The proposed outdoor dining area with the serving of alcohol 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 • ZA Minutes 12/16/98 2 (98=1216) in which it would be located. Sufficient parking for the outdoor dining is provided and the project complies with the applicable setback requirements. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General (CG) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Achieve development that maintains or improves the City's viability and reflects economic demands, while maintaining the quality of life for current and future residents of Huntington Beach. (LU 1) b. Require the commercial use be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses. (LU 10.1.12) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 98-67: 1. The site plan, floor plans and elevations received and dated October 29, 1998, shall be the conceptually approved layout with the following modification: a. A planter box, approximately fifteen (15) feet in length and seven (7) feet in width, shall be installed on the south side of the outdoor patio area west of the entry way, and landscaped in a manner consistent with the landscaped area east of the entry way. (PW) • b. Signage on the outdoor patio walls shall be prohibited. c. The Plexiglas partitions shall remain clear of all obstructions and shall not be enclosed or covered. Any enclosures to the patio area or outdoor partitions shall require review and approval by the Zoning Administrator. d. All alcoholic beverages shall be served in glass containers only. The name of the restaurant serving the beverage shall be permanently printed on each of the containers. 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 permit inspection, the following shall be completed: a. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning 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. The striping of the six (6) additional parking spaces along the east side of the property shall be • completed. ZA Minutes 12/16/98 3 (98zm1216) 4. Prior to the sale of alcoholic beverages in the outdoor dining area, 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. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 98-67 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 98-67 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. 98-67, . 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. State -mandated school impact fees shall be paid prior to issuance of building permits. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 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 Planning Department. 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 Planning Department within two (2) days of the Zoning Administrator's action. n LJ ZA Minutes 12/16/98 4 (98zm1216) ITEM 2• TENTATIVE PARCEL MAP NO 98-236 (NASHVILLE VACATION) APPLICANT: M.F.C. Development Inc., PO Box 269, Huntington Beach, CA 92648 PROPERTY OWNER: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To create a single 30 foot by 145 foot lot on the vacated portion of Nashville Avenue, west of Alabama Street. ]LOCATION: 1323 Alabama Street (west side of Alabama Street between Memphis Avenue and Oswego Avenue) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, displayed project plans stating the purpose, location, zoning and uses of the requested project. Staff presented a review of the proposed project and recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Herb Fauland, Zoning Administrator, questioned the nature of the parcels and easements. A general discussion ensued with explanations provided by staff from the Public Works Department. THE PUBLIC HEARING WAS OPENED. • A representative for M.F.C. Development Inc., PO Box 269, applicant, stated that they have read and concur with the suggested conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TENTATIVE PARCEL MAP NO. 98-236 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 15315 of the CEQA Guidelines because the project is a minor subdivision creating one (1) parcel. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 98-236 1. Tentative Parcel Map No. 98-236 for creation of one (1) parcel is consistent with the General Plan r Land Use Element designation of Residential Medium High Density on the subject property. The tentative map creates lots in larger in width and area than the minimum size required by this land use designation. ZA Minutes 12/16/98 5 (98zm1216) 2. The site is physically suitable for the type and density of development. The site is flat and appropriate for construction of single family dwellings at a density of one unit per parcel. The site is located in an area primarily developed with single family dwellings. 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 design of the subdivision considers the location of the existing buildings and will provide adequate space between structures for maximum light and ventilation. The project site does not support any fish or wildlife. 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, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. Property dedication along the rear of the subdivision will increase alley width and improve access. The proposed subdivision will not affect any other existing easements. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO. 98-236 1. The tentative parcel map received and dated November 20, 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. 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. b. 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. 3. Following the recordation of the parcel map, a mylar and print of the recorded parcel map shall be provided to the Public Works Department. (PW) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. All applicable Public Works fees shall be paid prior to map recordation. (PW) 2. Park and Recreation Fees shall be paid prior the approval of the final map by the City Engineer. Tentative Parcel Map No. 98-236 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Planning ZA Minutes 12/16/98 6 (98zm1216) Director pursuant to a written request submitted to the Department of Planning a minimum 30 days prior to the expiration date. • 4. The applicant shall submit a check in the amount of $38 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the Count/ of Orange and submitted to the Department of Planning within two (2) days of the Zoning Administrator's action. ITEM 3: COASTAL DEVELOPMENT PERMIT NO 98-28 (HARBOUR BAY ADDITION APPLICANT The Louie Group, 20902 Brookhurst Street, #201, Huntington Beach, CA 92646 PROPERTY OWNER: Harbour Bay Homes, LLC, 16731 Greenview Lane, Huntington Beach, CA 92649 REQUEST: To permit a 1,869 square foot first and second story addition to an existing two (2) story 2,570 square foot single family dwelling. LOCATION: 16821 Bolero Lane (west side, north of Finisterre) 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 staff report and recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. • Herb Fauland, Zoning Administrator, reviewed the plans with staff and a general discussion ensued. THE PUBLIC HEARING WAS OPENED. Louis Hernandez, 20902 Brookhurst Street, #201, applicant, spoke in favor of the proposed project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland asked staff to delete Condition No. 3.c. COASTAL DEVELOPMENT PERMIT NO.98-28 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.98-28: 1. The 1869 sq. ft. addition to the existing two story single family residence, as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. Public access to coastal resources and public views of coastal resources currently do not exist at ZA Minutes 12/16/98 7 (98=1216) the proposed project site. Therefore, no public access or public views of coastal resources will be affected by the proposed project. • 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code, including site coverage and setbacks. 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 on this 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 shall be affected by the proposed addition. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.98-28: 1. The site plan, floor plans, and elevations received and dated October 25, 1998 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). Is b. All Fire Department requirements shall be noted on the building plans. (FD) 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 Planning 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. All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways. 5. All proposed cantilevered deck improvements require separate permits for the improvements. 6. 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 BBZSO. ZA Minutes 12/16/98 8 (98zm1216) INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Coastal Development Permit No. 98-28 shall not become effective until the ten day appeal period has elapsed. 2. Coastal Development Permit No. 98-28 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 Coastal Development Permit No. 98-28, 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. State -mandated school impact fees shall be paid prior to issuance of building permits. 6. The development shall comply with all applicable provisions of the Municipal Code, Department of Building, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be • prohibited Sundays and Federal holidays. 0 8. 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. THE MEETING WAS ADJOURNED AT 2:15 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESD Y, DECEMBER 23, 1998 AT 1:30 PM. lqz Herb Fauland Zoning Administrator :rmk ZA Minutes 12/16/98 9 (98zm1216)