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HomeMy WebLinkAbout1999-07-14MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room 13-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JULY 14,1999 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Sandra Thornton, Jane James, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: June 30, 1999. Minutes were approved. ORAL COMMUNICATION: None ITEM l: TEMPORARY USE PERMIT NO. 99-6_(CHRISTIANSEN AMUSEMENT CARNIVAL) APPLICANT: Bill Jacob, Christiansen Amusement, P.O. Box 997, Escondido, CA 92033-0997 PROPERTY OWNER: The Macerich Company, 7777 Edinger Avenue, Suite 300, Huntington Beach, CA 92647 REQUEST: To allow a four -day carnival within the Huntington Beach Mall parking lot from August 19, 1999 to August 22, 1999. LOCATION: 7777 Edinger Avenue (parking lot south of Huntington Beach Mall, north of Edinger, west of Beach) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed site plans, and stated that the surrounding uses for the requested project are all General Commercial. Staff stated that the applicant is requesting a temporary use permit to hold a four -day carnival and that the hours would be Thursday and Friday from 9:00 to 11:00 P.M., and Saturday and Sunday from 1:00 to 11:00 P.M. Staff stated that the carnival would contain approximately 15 mechanical rides plus two non -mechanical attractions with approximately 17 traditional games plus one food and candy wagon. Staff stated that no alcohol would be served. Staff recommended approval of the proposed request with the proposed conditions based on the findings that the temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan and the provisions of Chapter 241. Staff stated that approval of the application would not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. Herb Fauland, Zoning Administrator, asked staff if any calls or comments were received from any surrounding property owners. Staff stated that none have been received. THE PUBLIC HEARING WAS OPENED. Bill Jacob, 1103 Privet Street, San Marcos, California, the applicant, commented that all of the conditions will be met noting that the conditions were standard for his industry. Mr. Jacobs stated that he spoke with Vice Officer Steve Bushhousen regarding compliance with item 10 in the conditions and that everything will be complied with. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO.99-6 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 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) pursuant to section 15304 Class 4 of the CEQA Guidelines, because the use is temporary and will have no permanent effect on the environment. FINDINGS FOR APPROVAL - TEMPORARY USE PERMIT NO.99-6: 1. The proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan and the provisions of Chapter 241. The event is consistent with uses allowed in the areas with a General Commercial Land Use designation. 2. Approval of the application for Temporary Use Permit 99-6 will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. The event will be maintained, secured, and controlled in an appropriate manner with security personnel. Because the event is temporary in nature, it will not alter existing property and improvements in the vicinity. CONDITIONS OF APPROVAL — TEMPORARY USE PERMIT NO.99-6: 1. The site plan, floor plans, and elevations received and dated June 4, 1999 shall be the conceptually approved layout. 2. A detailed site plan shall be submitted to the Huntington Beach Fire Department for approval three (3) weeks prior to the event. (FD) 3. Provide unobstructed fire lanes of minimum twenty-four (24) feet surrounding the North, East, and West boundaries. (FD) ZA Minutes 07/14/99 2 (99ZM0714) 4. Fire lanes shall be designated and posted to comply with City Specification 415. (FD) 5. Fire access roads shall be provided in compliance with City Specification 401. Include the Circulation Plan and dimensions of all access roads. (FD) 6. Fire extinguishers shall be installed and located in areas within 75 feet of travel. (FD) 7. All electrical equipment locations must be approved by Building Department. (FD) 8. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of amusement rides or devices. (FD) 9. Internal Combustion Power Sources: (FD) a. Fuel tanks shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when ride is not in use. b. The power source must be isolated from contact with the public by either physical guards, fencing, or an enclosure. c. A fire extinguisher shall be provided with a rating of not less than 2A:10 B:C. 9. One week prior to the event the Huntington Beach Police Department will be provided with a Polaroid photo of each employee that will be present at the event (including drivers). The photo will be accompanied with the employee's following information: (PD) a. Full name b. Date of birth c. Drivers license or ID card number with state 10. Neither Christiansen Amusements nor any of its employees will employ any carnival games that are in violation of 332 of the California Penal Code — money obtained by fraudulent game or trick. (PD) 11. 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. Temporary Use Permit No. 99-6 shall not become effective until the ten day appeal period has elapsed. 2. Temporary Use Permit No. 99-6 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 ZA Minutes 07/14/99 3 (99ZM0714) 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 Temporary Use Permit No. 99-6, 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. 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. ITEM 2• VARIANCE NO 99-6 (COOPER GREENHOUSE) APPLICANT/ PROPERTY OWNER: Mark S. Cooper, 8402 Jalm Drive, Huntington Beach, CA 92647 REQUEST: To allow a two foot -six inch side yard setback in lieu of five feet and a five foot building separation in lieu of 10 feet for a new proposed 754 square foot greenhouse. LOCATION: 8402 Jalm Drive (on Jalm Drive west of Newland Avenue) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed site plans, stating that the surrounding uses are residential to the north, east, south, and the Good Shepherd Cemetery to the west. Staff recommended denial of the request based on the suggested findings. Staff stated that one call was received from a neighbor, Mr. Kirchwager, who concurred provided that the greenhouse did not abut his property. Staff stated that no letters were received regarding the request. Herb Fauland, Zoning Administrator, and Staff discussed alternative layouts, code restrictions, and reconfiguration of the greenhouse. THE PUBLIC HEARING WAS OPENED. Dan Walker, 8402 Jalm Drive, the architect, stated that reconfiguration of the greenhouse would shorten the building further. Mr. Walker stated that rotation would not allow any clearance on the one end, and he expressed concern over the side yard setback requirement when only 10 square feet of the ZA Minutes 07/14/99 4 (99ZM0714) structure encroaches into the setback. Mr. Walker stated that the prefab building has a roof system that ventilates at the top and basically defines the length of the structure. Mr. Fauland asked what prohibits the applicant from getting a smaller greenhouse. Mr. Walker stated that the greenhouse is existing. Mr. Walker also stated that there is existing on -site landscaping and trees that he has been trying to avoid in order to place the greenhouse to accommodate the applicant's horticulture interest. Mr. Fauland asked what the length is, and Mr. Walker stated 42 feet. Mr. Fauland stated that he had difficulty in setting a precedent for setback variances for this type of structure. Mr. Fauland stated that he does not have a concern with the building separation setback, but that he does have a concern when it infringes on a neighboring property. Mary Langston, 8371 Talbert Avenue, stated that she is attending on behalf of her mother who owns the property at 8371 Talbert, and also on behalf of the property owners at 8421 and 8460 Talbert Avenue. Ms. Langston expressed her concern about the height of the building and how close it would be to the properties. Mr. Fauland and Ms. Langston discussed setback requirements. Mr. Fauland explained that 5 feet would normally be the minimum requirement, and that the applicant is encroaching 2 '/z feet into that requirement with a corner of the structure. Mr. Fauland advised Ms. Langston that the structure is 10 feet 6 inches high and that the structure would extend above the wall. Mr. Walker explained that the eaves line of 7 feet 6 inches was approximately one foot above the wall and at the peak it is 10 feet 6 inches, which is about three feet above the top of the wall. Mr. Fauland asked Ms. Langston if she understood the intended use of the proposed project, and Ms. Langston stated that she was not clear. Mr. Walker stated that the use is for hothouse plants, for example exotic plants such as orchids. Mr. Walker stated that this is a hobby of the applicant and not a commercial venture. Mark Cooper, 8402 Jahn Drive, the applicant/property owner, discussed with Mr. Fauland the reasons why the structure could not be downsized, and the fact that the structure is already existing. Mr. Cooper stated that he is willing to submit to a limited variance as to time and duration concurrent with his ownership of the property. Therefore, upon sale of the property, the structure would be removed without grant of an additional variance. Mr. Fauland noted Mr. Cooper's statement to be of interest, but stated that the difficulty is in setting a precedent when it comes to accepting this variance in a residential neighborhood for structures of this size. Mr. Fauland stated that the slope and the wedge shape of the property are in favor of the proposal based upon some of the topographical issues. Mr. Fauland advised that he would continue the matter and instructed Staff to pursue with Mr. Cooper his suggested timeframe for the variance ZA Minutes 07/14/99 5 (99ZM0714) Mr. Fauland instructed Staff to draft findings and conditions for approval. Mr. Fauland advised Mr. Cooper that he has not yet made a decision, and was not indicating to Mr. Cooper that he was going to recommend approval. Mr. Fauland stated that if the compromise presented by Mr. Cooper was a viable option, then he wanted to make sure that conditions of approval and findings were in place so he could act accordingly. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. VARIANCE NO.99-6 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO THE DULY 21,1999 MEETING. ITEM 3: CONDITIONAL USE PERMIT NO.99-20/COASTAL DEVELOPMENT PERMIT NO 99-7 (BARRAD RESIDENCE) APPLICANT: Cecil Carney, Carney Architects, 2080 North Tustin Avenue, Suite B, Santa Ana, CA 92705 PROPERTY OWNER: Mr. and Mrs. Barrad, 11669 Bernardo Way, Grand Terrace, CA 92313 REQUEST: To permit construction of a new approximate 4,390 square foot single- family residence with a third story LOCATION: 16551 Carousel Lane (west side of Carousel, south of Wanderer Lane) PROJECT PLANNER: Jane James Jane James, Staff Planner, displayed site plans, stating that the request is to construct a brand new single-family residence (three stories), located on Humbolt Island in the Huntington Harbor area. Staff stated that the project is currently a vacant site noting that a previous single-family residence at that site had been demolished. Staff stated that the proposed house is approximately 4,390 square feet consisting of three stories and a three -car garage with three open parking spaces in the driveway. Staff stated that the request does meet all setback requirements and site coverage. Staff stated that the building height is an issue that needed to be defined in a bettef manner on the site plan. Staff stated that there is a condition which deals with actually defining the building height. Staff stated that the project is expected to meet the maximum building height limitation of 35 feet from the top of the adjacent sidewalk. Staff pointed out that this is a conditional use permit for the third story itself, and also a coastal development permit because the project is located on the Huntington Harbor waterway and is new construction. Staff stated that the main issue with the project is compatibility and the criteria for third -story constuction. Staff noted from the site plans that there is a staircase from the second story master bedroom to the third story, which consists of two office areas, a bridge connecting them, and is open below with windows facing the water and a neighbors property. Staff stated that the proposed third floor does meet the setback requirements and that there are no decks or balconies proposed on the third floor. ZA Minutes 07/14/99 6 (99ZM0714) Staff stated that the project meets zoning code requirements for design of third stories with the height being the only issue. Staff stated that the elevations need to be amended to show the measurement from the top of the adjacent sidewalk. Staff stated that this issue has been included as a condition of approval. Staff presented another issue, which is the garage space on the first level. She stated that the bedroom count does require a three -car garage. Staff noted from the plans that the space is six inches short of the requirement stating a revision is needed to meet the minimum depth of 19 feet for each garage space (condition La). Staff stated that no letters or telephone calls have been received from the public. Stated recommended approval of the project based upon the fact that it does meet code and has a potential to meet code with the change on the elevation for building height. Herb Fauland, Zoning Administrator, had no questions at this point. THE PUBLIC HEARING WAS OPENED. Willie Whyte, 16541 Carousel Lane, neighbor, expressed concern over privacy and the use of his swimming pool area. He asked if the second story windows (over the garage) are to be opaque and not clear. Mr. Fauland asked staff if a single-family residential development on infill lots is subject to the Infill- lot Ordinance. Staff stated a review had been conducted pursuant to the Infill Ordinance; however, public hearing notification requirements were recently changed. Staff stated that the notification occurred after notification on this item was mailed. Staff stated that the notification should have identified the project is an Infill project. Staff stated that if the project is approved today, as part of the building permit plan check, there would have to be a notice sent to the neighbors identifying the project as Infill and their ability to comment regarding the window placement adjacent to their home. Staff displayed photographs and stated that they did look at the location of the proposed windows and the proximity of the windows to the adjacent home. Based upon Staff s analysis of the proposed plan, staff stated that they did not anticipate a conflict with the Infill Ordinance. Mr. Fauland addressed Mr. Whyte's concerns and staff stated that the plans indicated the windows to be opaque. Cecil Carney, 2080 N. Tustin Avenue, #B, Santa Ana, architect, questioned condition 6(a)(6) and stated it was his impression that homes under 5000 square feet did not require fire sprinklers. Staff stated that sprinklers are only required on homes that are 5000 square feet or greater and noted that the Fire Department listed this as a condition of approval in the event the house is 5000 square feet or greater. Staff stated that they had calculated the house at approximately 4390 square feet. Staff stated that verification would be needed from the Fire Department to confirm that they are not making this a specific condition if the house falls below 5000 square feet. ZA Minutes 07/14/99 7 (99ZM0714) Staff suggested an amended condition of approval to state "if required by the Fire Department." Mr. Carney concurred. Gerry Urner, Huntington Harbor Property Owner's Association, recommended approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.99-20/COASTAL DEVELOPMENT PERMIT NO.99-7 WERE 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) pursuant to Section 15303, Class 3 of the CEQA Guidelines, because the proposed project consists of construction of less than 3 single family residences. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-20: Conditional Use Permit No. 99-20 for the establishment, maintenance and operation of the approximate 4,390 square foot single family residence with a third story 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 project is proposed within a single family residential neighborhood primarily developed with two and three story homes. In addition, the new structure is designed to integrate within the existing neighborhood and will comply with all development standards. 2. The conditional use permit for new residential construction will be compatible with surrounding uses because the proposed colors, materials and design of the new residence will be compatible with other existing dwellings in the surrounding neighborhood. 3. The proposed new three story single family residence 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. No special considerations or variances are requested. 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 — Coastal Zone (RL-CZ) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: ZA Minutes 07/14/99 8 (99ZM0714) a. Require that all new residential development within existing neighborhoods be compatible with existing structures (LU 9.1.2). b. Ensure that structures and sites are designed and constructed to maintain their long-term quality (LU 4.2). c. Identify and reinforce a distinctive architectural and environmental image of each district in Huntington Beach (UD 1.1). FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-7: 1. Coastal Development Permit No. 99-7 for the development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The project includes construction of a new three story single family residence, which conforms to the General Plan designation of Residential Low Density. The project will have no impact on any public views or access to coastal amenities. 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. The project meets all development requirements outlined in the low density residential zoning district, including but not limited to site coverage, height, 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. The subject site is located in an existing single family residential area and all necessary infrastructure is in place. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The new construction will have no impact on any public views or access to coastal amenities. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.99-20/ COASTAL DEVELOPMENT PERMIT NO.99-7: 1. The site plan, floor plans, and elevations received and dated April 23, 1999 and Sheet A-1, A-3, and A-8 received and dated June 11, 1999 shall be the conceptually approved layout with the following modifications: a. Revise the floor plan to provide a minimum 9 feet wide by 19 feet deep parking space in the southernmost garage stall. The parking stall shall be measured from inside wall to inside wall (code requirement). b. Provide height dimensions from the highest adjacent sidewalk to the top of slab and from top of slab to the peak of the roof (code requirement). c. Provide a minimum 5/12 roof pitch for all portions of the building greater than 30 feet high (code requirement). ZA Minutes 07/14/99 9 (99ZM0714) d. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks (code requirement). 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. All Fire Department requirements shall be noted on the building plans. (FD). c. Demonstrate compliance with Infill Ordinance requirements (code requirement). 3. Prior to issuance of grading permits, the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (This plan shall include grading and any required off -site improvements). (PV) b. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect, shall be submitted to the Department of Public Works for review and approval by the Park, Tree, and Landscape Division. (PV) c. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on -site soil sampling and laboratory testing of material to provide detailed recommendations for grading, liquefaction, chemical and fill properties, retaining walls, streets, and utilities. (PV) d. In accordance with NPDES requirements, a "Water Quality Management Rlan" shall be prepared by a Civil or Environmental Engineer. (PW) 4. Prior to issuance of building permits, submit a 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 Department of Planning. 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; ZA Minutes 07/14/99 10 (99ZM0714) 4 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, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Install a new sewer later per City standards; (PW) 2) A 36 inch box tree or palm equivalent shall be planted in the front yard; (PW) 3) The proposed dwelling shall have a new, separate domestic/irrigation water meter and service, sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC) and Uniform Fire Code (UFC). The irrigation service may be combined with the domestic service, which shall be a minimum of one (1) inch in size. All meters shall be a touch read type; (PW) 4) The existing water service and meter shall be abandoned per City Standards; (PW) 5) A backflow prevention device is required for all water services. (PW) 6) If determined necessary by the Fire Department, an automatic sprinkler system shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) 7) A fire alarm system shall be installed and provide the following: a) water flow; b) smoke detectors; and c) audible alarms (FD) 8) For Fire Department approval, submit a Fire Protection Plan in compliance with City Specification 426; (FD) 9) Address numbers shall be installed to comply with City Specification No. 428. 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. 7. All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways. 8. All proposed cantilevered deck improvements require separate permits. ZA Minutes 07/14/99 11 (99ZM0714) 9. 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: Conditional Use Permit No. 99-20/Coastal Development Permit No. 99-7 shall not become effective until the ten day California Coastal Commission appeal period has elapsed. 2. Conditional Use Permit No. 99-20/Coastal Development Permit No. 99-7 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 Planning a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 99-20/ Coastal Development Permit No. 99-7 , 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. An encroachment permit shall be required for all work within the right-of-way. (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. 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 Planning within two (2) days of the Zoning Administrator's action. ZA Minutes 07/14/99 12 (99ZM0714) 1 <r ITEM 4: ENTITLEMENT PLAN AMENDMENT NO.99-5 (WEST BAY CAFE) APPLICANT/ PROPERTY OWNER: Jay Buettner, 16600 Pacific Coast Highway, Huntington Beach, CA 92649 REQUEST: To delete Condition of Approval No. 7 of Use Permit No. 95-4, Coastal Development Permit No. 95-2, and Variance No. 95-7, which limits the sales of alcoholic beverages to beer and wine only at the West Bay Cafe. The request is to permit the sale of hard liquor/cocktails in addition to beer and wine. LOCATION: 16600 Pacific Coast Highway (northeast corner of Pacific Coast Highway and Admiralty) PROJECT PLANNER: Jane James Jane James, Staff Planner, displaying site plans stated that the project is an existing restaurant located at the corner of Admiralty Way and Pacific Coast Highway. Staff stated that the restaurant was originally approved by the Zoning Administrator in June of 1995, was appealed to the Planning Commission, primarily based on the parking variance request, and was approved by the Planning Commission in August of 1995. Staff stated that at the time of approval, the restaurant was limited to the sale of beer and wine only. Staff outlined other existing conditions of approval, which were designed to promote the compatibility between the restaurant and the adjacent residential tracts, which back up to the proposed site. Staff stated that the applicant has requested deletion of the condition of approval for the sale of beer and wine amending it to permit the sale of all types of alcohol; hard liquor in particular. Staff stated that the application has been before the Alcohol Beverage Control Board (ABC), and that the ABC has given preliminary approval to amend the condition and upgrade to the sale of all types of alcohol uses as long as the sale of food exceeds the sale of alcohol in each business quarter. Staff noted that these conditions would insure that this remains a restaurant and not a bar or tavern type use. Staff stated that the Police Department indicated no concerns upon reviewing the application. Staff s review of the code enforcement history on the site found three minor complaints over the past four years. Staff is recommending approval of the request because of the conditions of approval already in place on the site, and because the ABC has reviewed and preliminarily approved the upgrade. Staff noted that there are sufficient conditions in place to protect compatibility between the restaurant and the neighborhood. Staff stated that they received two phone calls from two neighbors as well as a letter expressing opposition and concern for the potential of accidents on the street as well as existing problems with ZA Minutes 07/14/99 13 (99ZM0714) the conditions of approval not being met. In particular, the letter stated that the parking lot is not being secured after hours as originally required. Staff stated that the applicant is concerned with the issue of liability in closing off the parking lot because it would affect the Fire Department's access to Tiburon Place. Staff stated that the original recommendation was for approval of the project with all the existing conditions remaining in place; however, Staff now believes the validity of the applicant's concern about not impeding emergency access to Tiburon Place. Staff suggested addressing this issue with the Fire Department and informing the adjacent residents that the condition may not remain on the site. Stiff therefore has changed the recommendation from approval to a continuance in order to address the foregoing issue and, if necessary, notify the adjacent property owners. Herb Fauland, Zoning Administrator, confirmed with staff the reason for the chainlink fence. Staff stated that the fence is required to prohibit loitering after hours not only by the customers but also because it is so close to the beach. Mr. Fauland noted that from all indications (from police and code enforcement), the business has, in general, been a very good neighbor. Mr. Fauland pointed out that there have been no disturbances or other incidents reported other than the three minor incidents over the past four years. Mr. Fauland and staff reviewed the site plans for possible alternatives to the chainlink fence issue. THE PUBLIC HEARING WAS OPENED. Gerry Urner, Huntington Harbor Property Owner's Association, recommended approval of the application. Karl Wolfslau, 16602 Tiburon Place, spoke on behalf of his neighbors on the west and east sides, specifically, Greg Resnicoff, Jason Wise and Al Kile. Mr. Wolfslau read a letter, from Jason and Lisa Wise, to the Zoning Administrator regarding this proposed request. The letter addressed concerns regarding: 1. Devaluation of property and interference with future sale of their homes. 2. The several bars and restaurants in the area currently selling hard liquor. 3. Undesirability and inappropriateness of adding another bar to the area. 4. Additional noise and traffic influx. 5. Safety of home, family and local community members. Mr. Wolfslau presented reasons for further opposition of this project including a deteriorated fence. Jay Buettner, 17212 Sims Street, applicant and property owner, stated that the chainlink fence in the parking lot was an ABC condition, which was removed two years ago. Mr. Buettner stated that he has not received complaints about loitering and/or parking in his parking lot. He stated that he had the condition removed because of the liability issue regarding emergency access to the people of Tiburon Place. Mr. Buettner pointed out that the restrictions put in place by the ABC serve to control ZA Minutes 07/14/99 14 (99ZM0714) C and combat problems. Mr. Buettner stated that his business is a restaurant and not a bar. He stated that requests from customers prompted this request, and he pointed out that he is in an extremely competitive area with the other restaurants. Mr. Fauland asked Mr. Buettner if the chainlink fence restriction was removed by the ABC two years ago and Mr. Buettner stated yes. Mr. Fauland noted that the restriction has not been removed from the conditions of approval for CUP No. 95-4. Mr. Fauland instructed staff to pursue the chainlink fence issue across the property line and to verify with the ABC the removal of that condition. Staff was also instructed to review with the Fire Department the possibility of an alternative way to resolve this condition. Staff stated that they had the amended ABC conditions in anticipation of approving the upgrade to liquor. Staff stated that the condition was not mentioned; however, staff stated that from past experience they would not expect the ABC to pick up all of the City's conditions of approval. Mr. Fauland stated that the condition is still in place and needs to be addressed with a viable solution. Mr. Fauland stated that for the record he received from Jane James a letter (date of receipt July 13, 1999) from Randal and Yvonne Brown. Mr. Fauland stated that for the record he had reviewed the concerns addressed in the letter. Mr. Fauland asked Mr. Buettner for proof of $3,500 he spent in fence repairs noting that it is not Mr. Buettner's responsibility to continually repair the fence if it is not being damaged by his business. Mr. Buettner stated that this is in the conditions. Mr. Fauland reitereated the fact that the business is an eating establishment, and that to continue with this type of license, it needs to continue as an eating establishment. Mr. Buettner confirmed. Mr. Fauland stated that, in general, just adding the ability to sell liquor would not necessarily result in a negative effect and noted that the applicant appears to have been a good neighbor. Mr. Fauland instructed staff to research the issues of the fence, parking lot chain, and deliveries. Mr. Fauland noted that if the condition is changed, the neighborhood would need to be notified. Mr. Fauland advised the applicant that unless staff s research with the Fire Department indicates that the chainlink fence condition is no longer viable, or there is no viable solution, then the item would need to be rescheduled requesting removal of the condition. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ENTITLEMENT PLAN AMENDMENT NO.99-5 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO THE JULY 21,1999 MEETING. ZA Minutes 07/14/99 15 (99ZM0714) ITEM 5• CONDITIONAL USE PERMIT NO.99-15 (MC GRATH WALL) APPLICANT/ PROPERTY OWNER: Bart McGrath, 21051 Leasure Lane, Huntington Beach, CA 92646- 7136 REQUEST: To permit a 7 foot-2 inch high wall/fence in the front yard setback in lieu of a maximum height of 3.5 feet. LOCATION: 21051 Leasure Lane (west side of Leasure Lane, ± 240 feet south of Atlanta Avenue) PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, stated a two -week continuance of this matter was requested by the applicant in order to have more time to prepare their presentation for this item. CONDITIONAL USE PERMIT NO.99-15 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO THE JULY 28,1999 MEETING. THE MEETING WAS ADJOURNED AT 2:28 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JULY 21,1999 AT 1:30 PM. Herb Fauland Zoning Administrator :rmk r� ZA Minutes 07/14/99 16 (99ZM0714)