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HomeMy WebLinkAbout1999-06-16n MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room 13-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JUNE 16, 1999 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Amy Wolfe, Bob Goldin, Wendy Bounds, Sandra Thornton, Peter Vanek, Ramona Kohlmann (recording secretary) MINUTES: June 9, 1999 Minutes were approved. ORAL COMMUNICATION: None ITEM 1: COASTAL DEVELOPMENT PERMIT NO.99-05 (WATERFRONT WETLANDS) APPLICANT: The Robert L. Mayer Trust, c/o The Robert Mayer Corporation, P.O. Box 8680, Newport Beach, California 92658 PROPERTY OWNER: City of Huntington Beach Redevelopment Agency 2000 Main Street, Huntington Beach, California 92648 REQUEST: To grade/fill approximately 0.8 acres of isolated, degraded wetland area (which will be mitigated by the implementation of a wetland and riparian woodland restoration habitat program involving 2.4 acres at the Donald G. Shipley Nature Center). LOCATION: Northwest corner of Pacific Coast Highway and Beach Boulevard (Waterfront Development masterplan area) PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, stated that the applicant has requested a continuance of this item to the June 23, 1999 meeting. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO.99-05 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO THE JUNE 23,1999 MEETING, AT 1:30 PM. ITEM 2• LOT LINE ADJUSTMENT NO.99-2 (PLC LAND COMPANY/AERA ENERGY LLCI APPLICANT/ PROPERTY OWNERS: PLC Land Company, 23 Corporate Plaza Drive, Suite 250, Newport Beach, CA 92660/Aera Energy LLC, 5060 California Ave, Bakersfield, CA 92209 REQUEST: To adjust a common lot line between two contiguous parcels. LOCATION: 20031 Goldenwest (between Palm Ave, Goldenwest, P.C.H. and Seapoint) PROJECT PLANNER: Bob Goldin Bob Goldin, Staff Planner, displayed site plans and stated that this request is to reassign an ownership of a portion of the PLC property. Staff stated that the request has been reviewed by the appropriate City departments and no concerns were expressed. Staff stated that the surrounding property owners were noticed and that no opposition written or verbal has been received. Staff stated that the lot line adjustment does not preclude any future open space or parkland dedications that may be required per the specific plan efforts. Staff stated that the lot line adjustment is not considered a subdivision of land under the coastal development provisions, and is not subject to a coastal development permit. Staff recommended approval with the findings and conditions of approval as outlined in the staff report. Herb Fauland, asked staff to modify condition 2 to reflect that the revised lot line adjustment application is to be submitted to the Public Works Department for final approval. THE PUBLIC HEARING WAS OPENED. Bill Holman, PLC, 23 Corporate Plaza Drive, Suite 250, Newport Beach, the applicant, concurred, and stated that they are prepared to submit plans today in compliance with the conditions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. LOT LINE ADJUSTMENT NO.99-2 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 PROJECTS EXEMPT FROM CEQA: 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) ZA Minutes 06/16/99 2 (99ZM0616) pursuant to Section 15305, Class 5 of the CEQA Guidelines. The proposal is a minor lot line adjustment that will not result in the creation of additional parcels. FINDINGS FOR APPROVAL - LOT LINE ADJUSTMENT NO.99-2: 1. The granting of Lot Line Adjustment No. 99-2 for the adjustment of a lot line between two adjacent parcels will not create any additional parcels or building sites. 2. The resulting parcels from the lot line adjustment will conform to Titles 20-24 of the Huntington Beach Zoning and Subdivision Ordinance and the standards of the underlying zoning districts of Industrial General, (IG), Residential High Density (RH) and Commercial General (CG). The adjusted lots comply with the requirements for minimum area, width, and lot frontage. 3. The lot line adjustment will not sever any existing structure on either of the two parcels. 4. The lot line adjustment will not allow a greater floor area ratio than allowed prior to the adjustment. The subject parcels are zoned for commercial and residential uses, but do not contain any residential or commercial structures. 5. A plat map showing the lot line adjustment has been prepared and will be filed in accord with the provisions of Section 253.24. CONDITIONS OF APPROVAL - LOT LINE ADJUSTMENT NO.99-2: 1. The lot line adjustment received and dated April 9, 1999 shall be the conceptually approved layout with the following modifications: (PW) a) The Exhibits shall include the listing of "LL99-02." b) The Legal description shall revise the term "leave" to "leaving". c) A heavy black line shall in shown in lieu of the light black line on the Exhibit Sheets 1 of 3 and 2 of 3 along the easterly side of the area to be adjusted. 2. Submit a revised lot line adjustment application to the Public Works Department for final approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Lot Line Adjustment No. 99-2 shall not become effective until the ten-day appeal period has elapsed. 2. Lot Line Adjustment No. 99-2 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. ZA Minutes 06/16/99 3 (99ZM0616) 3. The Zoning Administrator reserves the right to revoke Lot Line Adjustment No. 99-2, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Ordinance Code or Municipal Code occurs. 4. 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. 5. 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. ITEM 3• CONDITIONAL USE PERMIT NO 99-17 (KATHY MAY'S OUTDOOR DINING) APPLICANT: Katherine May, 7320 Center Avenue, Huntington Beach, California 92647 PROPERTY OWNER: Rockville Plaza, 16161 Ventura Boulevard, #212, Encino, California 91436 REQUEST: To permit outdoor dining in conjunction with an existing restaurant. LOCATION: 7320 Center Avenue (southeast corner of Gothard and Center) PROJECT PLANNER: Wendy Bounds Wendy Bounds, Staff Planner, displayed site plans stating the purpose and location of the request. Staff stated that the proposal will not disrupt the flow of pedestrian or vehicular traffic along Gothard Street or within the center. Staff stated that the use is compatible with the surrounding uses and will meet all applicable zoning regulations as conditioned and is consistent with the General Plan. Staff recommended approval with the condition that the total square footage be reduced to 400 square feet, and staff stated that the applicant is in agreement with the condition. Staff stated that no calls have been received for or against this project. Staff recommended approval with the suggested findings and conditions. Herb Fauland, Zoning Administrator' instructed staff that condition La should be clarified to state that the maximum square footage of the existing patio area is to be 400, with the remaining area open for access and landscaping. THE PUBLIC HEARING WAS OPENED. Kathy May, 7320 Center Avenue, the applicant, stated that she concurred. ZA Minutes 06/16/99 4 (99ZM0616) I� THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.99-17 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 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 the use is proposed within an existing structure, no expansion will occur as a result of the proposal. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 99-17: 1. Conditional Use Permit No. 99-17 for the establishment, maintenance and operation of the outdoor dining at 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 outdoor dining proposal will be an asset to the center, providing a friendly and inviting atmosphere for the community. The outdoor dining will be located adjacent to the sidewalk along Gothard and will not disrupt the flow of pedestrian activity along the sidewalk, nor will it impact any vehicular movement along Gothard or within the center. 2. The conditional use permit will be compatible with surrounding uses because the use is proposed within an existing retail/office center that has other restaurants with outdoor dining. 3. The proposed outdoor dining 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 project, as conditioned, will be in compliance with all applicable zoning regulations. 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 Land Use policy 10.1.11 within the General Plan that intends to promote a diversity of uses that increase the center's viability as a place of community activity. ZA Minutes 06/16/99 5 (99ZM0616) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO 99-17: The site plan, floor plans and elevations received and dated April 19, 1999 shall be the conceptually approved layout with the following modification: a. The permitted area on the existing patio for outdoor dining shall be a maximum of 400 square feet. The remaining patio area shall contain no seating and or dining area. The remaining patio area shall be open for access and landscaped with potted plants. 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. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. 4. Prior to final building permit inspection and approval, the following shall be completed: a. All signs shall be brought into compliance with the Chapter 233 of the Huntington Beach Zoning & Subdivision Ordinance. b. 'Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 5. The use shall comply with only the uses described in the narrative shall be permitted. 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 HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 99-17 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 99-17 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. ZA Minutes 06/16/99 6 (99ZM0616) 1 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 99-17, 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 Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 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. 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 Planning Department within two (2) days of the Zoning Administrator's action. THE MEETING WAS ADJOURNED AT 1:42 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JUNE 23,1999 AT 1:30 PM. Herb Fauland Zoning Administrator :rmk ZA Minutes 06/16/99 (99ZM0616)