Loading...
HomeMy WebLinkAbout1999-08-25MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room 13-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, AUGUST 25,1999 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren, Acting STAFF MEMBER: Peter Vanek, Sandra Thornton, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: None ORAL COMMUNICATION: None Item 2 was brought to the front of the agenda. Please note the Minutes will reflect actions taken in their original order. ITEM 1: CONDITIONAL USE PERMIT NO.99-22/COASTAL DEVELOPMENT PERMIT NO, 99-8 IGALLAGHER'S OUTDOOR DINING, 'CONTINUED FROM THE AUGUST 18, 1999 MEETING) APPLICANT: Gallagher's Pub & Grill, 300 Pacific Coast Highway, #113, Huntington Beach, CA 92648 PROPERTY OWNER: Kyra, LLC, 200 N. Central Avenue, #2450, Phoenix, AZ 85012 REQUEST: To establish an outdoor dining area with alcohol service, to be enclosed by a six foot high glass wall in lieu of 42 inches. LOCATION: 300 Pacific Coast Highway, #113 (east of the intersection of Main and Walnut) PROJECT PLANNER: Peter Vanek Peter Vanek, Staff Planner, displayed site plans stating that the item was continued from the last meeting. He stated that the request is to establish an outdoor dining area with alcohol service on private property. Staff stated that the item was reviewed by the Design Review Board (DRB) and approval was recommended for the enclosed outdoor patio as presented by the applicant. Staff recommended that the outdoor dining enclosure be reduced to a height of 36 inches, as detailed at last week's meeting, and he addressed the concerns presented by the Zoning Administrator at that meeting. 1. That the property line be clearly delineated on the plan. Staff stated that this has been indicated on the plan by the applicant. 2. That the dining area be entirely on private property. 3. That the accurate location of the awning be delienated on the plan. Staff pointed to the site plan reflecting the location of the awning and he stated that the plan has been revised by the applicant. Staff stated that other conditions added to the Staff Report are as follows: 1. Condition 2.m: That the emergency access gate be available for emergency access only, and not for entrance. 2. Condition 2.n: That the awning only be extended during times of inclement weather. Staff stated that another concern presented by the Zoning Administrator at last week's meeting was the proximity of the opposed enclosure to the existing palm tree. Staff stated that in conversation with the City's landscape architect, it was recommended that a minimum distance of 4 to 6 inches be maintained from the palm tree. Staff stated that he recommend in the conditions a minimum of 4 inches in order to maintain additional security as far as any possibility of drinks being passed through the area. Staff recommended, with the above revisions, approval as modified. Mary Beth Broeren, Zoning Administrator, stated that for the record she did speak with the Zoning Administrator (Herb Fauland) prior to this meeting (since this item is a continuance), and that the Zoning Administrator reviewed his concerns with Ms. Broeren. Ms. Broeren reviewed with Staff Mr. Faularid's'concern about the of the color of the enclosure. Staff stated that this was recommended by the DRB, and that it was the intent of the applicant to have more of a clear unobstructed enclosure. He stated that the applicant felt that the clear anodized aluminum would offer more of a transparent feel to the enclosure rather than green to match the trim, which would draw more attention to it. Ms. Broeren and Staff reviewed the awning's point of projection. Ms. Broeren confirmed with Staff that he is recommending that the enclosure only be 36 inches high and that the applicant is asking for 6 feet. THE PUBLIC HEARING WAS OPENED. John Gallagher, 300 Pacific Coast Highway, #113, the applicant, stated his reason for requesting the 6-foot high enclosure as follows: 1) eliminate breeze, and 2) to discourage the possibility of drinks being passed through. Mr. Gallagher also stated his reasons for the clear enclosure. Ms. Broeren asked Mr. Gallagher if he had reviewed the conditions with Staff. Mr. Gallagher expressed his concurrence with the conditions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren asked Staff if the Police Department had any comments regarding this request. Staff stated that the Police Department does not support outdoor dining with alcohol service at this time 2 (99ZM0825) ZA Minutes 08/25/99 commensurate with what their comments have been on the outdoor dining ordinance to allow drinking on public property. Ms. Broeren asked Staff his reason for the recommended 36 inches. Staff stated to be commensurate with what was approved by the City Council for the outdoor ordinance to have alcohol service on public property, which is 36 inches. Mr. Gallagher presented names of other restaurants in the area that have enclosures approximately 6 feet high. Ms. Broeren and Staff discussed the actions taken by the DRB and the City Council in regard to the 36 inch height and the materials to be used. Ms. Broeren instructed Staff to add to the findings that the enclosure is consistent with the City Council direction for outdoor dining areas on public property. She also instructed staff to include in the conditions that the minimum separation between the existing palm tree and the enclosure is to be 4 inches. CONDITIONAL USE PERMIT NO.99-22/COASTAL DEVELOPMENT PERMIT NO.99-8 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE 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 as the proposal consists of the minor alteration of an existing structure. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-8 l . The request to permit outdoor dining with alcohol service in conjunction with an existing restaurant on private property conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed outdoor dining will not impact public views or access to coastal amenities. The use complies with the ten (10) foot clear passage provision as required by the Downtown Specific Plan. 2. Coastal Development Permit No. 99-8 is consistent with the CZ suffix zoning requirements and the Downtown Specific Plan, as well as other provisions of the Huntington Beach Local Coastal Program applicable to the property. The outdoor dining on private property will conform with all applicable City codes. The use will maintain a ten (10) foot clear passage area and will not exceed the maximum 400 square foot area limit for the table and seats. ZA Minutes 08/25/99 3 (99ZM0825) 3. At the time of occupancy, the outdoor dining on private property will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exist to the site. 4. The outdoor dining on private property conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities to coastal amenities will be affected by the outdoor dining. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-22: 1. Conditional Use Permit No. 99-22 for the establishment, maintenance and operation of outdoor dining on private property in conjunction with an existing restaurant will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. The adjoining sidewalk's public use, pedestrian, transit and business services are not restricted. Building entryways are not obstructed and handicapped accessibility is provided where required. Pedestrian traffic volumes are not inhibited. A ten (10) foot clear passage area will be maintained free of obstruction. 2. The proposed outdoor dining will be consistent with surrounding uses. The existing restaurant is located in a mixed used district that includes other restaurant uses that provide outdoor dining. The enclosure height of 36 inches will be consistent with the City Council adopted provisions for outdoor dining with alcohol on public property. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in the 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 use does not require any additional parking as the total outdoor dining conforms with the thresholds established in the Downtown Specific Plan. 4. The granting of Conditional Use Permit No. 99-22 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor dining use on private property is consistent with the mixed use land use designation for the property. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-22/COASTAL DEVELOPMENT PERMIT NO.99-8 1. The site plan and elevation received and dated May 4, 1999 (Exhibit A) shall be the conceptually approved layout with the following modification: a. The proposed six (6) foot high outdoor dining enclosure shall be reduced to a height of 36 inches. b. The elevations shall specify a minimum separation of four (4) inches between the existing palm tree at the easterly portion of the enclosure and the proposed 36 inch high enclosure. 2. ZA Minutes 08/25/99 4 (99ZM0825) The outdoor dining use shall comply with the following: a. A minimum ten (10) foot clear passage area free of obstruction shall be maintained at all times for pedestrian access. b. Hours of operation for the outdoor dining area shall be consistent with those of the restaurant. c. All features of the outdoor dining (e.g., tables, chairs) shall be maintained in a neat and clean manner. d. All features of the outdoor dining shall be compatible with the exterior color scheme of the building. e. The outdoor dining shall be operated in conjunction with the restaurant located at 300 Pacific Coast Highway, Suite 113. f. Tables and chairs shall not block occupancy exits. (FD) g. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code (HBFC) Standards. (FD) h. Exit signs and exit path markings shall be provided in compliance with the HBFC and the California Administrative Code, Title 24. (FD) i. No live entertainment shall be permitted within the outdoor dining area. j. No signage shall be permitted on the outdoor dining enclosure. k. There shall be no sales to motorists or persons in vehicles. 1. All outdoor dining features including but not limited to tables, chairs, and umbrellas shall be removed when not in use. in. The emergency access gate located at the easterly corner of the outdoor dining area shall be for emergency access only. No entrance to the establishment shall be permitted through this access. n. The awning shall only be extended during times of inclement weather. 3. Prior to occupancy of the outdoor dining area, the applicant shall submit a copy of the revised site plan and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. 4. The Zoning Administrator shall be notified in writing if any changes to the outdoor dining features, including number of tables and total area, are proposed. No changes shall be made until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning ZA Minutes 08/25/99 5 (99ZM0825) Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 99-22/Coastal Development Permit No. 99-8 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 99-22/Coastal Development Permit No. 99-8 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. 99- 22/Coastal Development Permit No. 99-8, 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. 5. All signs shall conform to the HBZSO, Downtown Design Guidelines and Local Coastal Program. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 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. ITEM 2• CONDITIONAL USE PERMIT NO.99-37 (CARR WALL) APPLICANT/ PROPERTY OWNER: Robert S. Carr, 19081 Newland Street, Huntington Beach, CA 92646 REQUEST: To permit the construction of a new six (6) foot high block wall at a front setback of five (5) feet in lieu of 15 feet, which will enclose the front and a portion of the side yard. LOCATION: 19081 Newland Street (on Newland south of Garfield) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed site plans stating that there are residences to the west and south of the project, Newland Street to the east, and an alley to the north. Staff stated that the request ZA Minutes 08/25/99 6 (99ZM0825) is to permit the addition of a new six foot high block wall with a front setback of five feet. She stated that the wall will enclose the front yard and portions of the side yard. Staff stated that the wall will not encroach into the ten -foot visibility triangle next to the alley. Staff recommended approval of the permit based on the fact that the wall is compatible with the surrounding uses, will enhance the attractiveness of the front yard, and will comply with both the Huntington Beach General Plan and the Zoning Ordinance. Staff stated that no comments were received regarding this project, and that the applicant is providing 40 percent landscaping including planters. Mary Beth Broeren, Zoning Administrator, and Staff reviewed photographs of the subject site. Ms. Broeren asked Staff if the applicant's narrative indicated the reason for this request. Staff advised Ms. Broeren that the reason for the request was to reduce noise and for safety purposes. THE PUBLIC HEARING WAS OPENED. Shannon Carr, 19081 Newland Street, property owner, indicated her desire for approval of the project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren and Ms. Carr discussed the materials to be used for the project. Ms. Broeren indicated that a combination of wrought iron and solid block wall, to soften or lighten the view of the wall, would be more desirable. Ms. Carr responded that other materials such as a lattice or a combination of wrought iron would not provide the security of a block wall, which she was trying to achieve. Ms. Broeren and Staff reviewed the proposed trees and landscaping. Ms. Carr stated that she was considering palm trees. Ms. Broeren acknowledged her appreciation for Ms. Carr's desire for increased security; however, she expressed her concern for this proposal because it is not compatible with the surrounding area. Ms. Broeren stated that she did drive by the site. She stated that the addition of a solid 6 foot high wall, even though it will meander and be screened with the palms, is out of character with the area. Ms. Broeren suggested a compromise to address Ms. Carr's need for security while maintaining the integrity of the area as well as the City's goals in the General Plan and Zoning Ordinance for having a 15 foot front yard setback. Ms. Broeren presented to Ms. Carr the option to deny or continue this item. Ms. Broeren and Ms. Carr discussed options involved in the appeal process and the appeal fee. Ms. Broeren invited Ms. Carr to discuss with Staff options to make the project compatible with the surrounding area. Ms. Broeren summarized her reasons for not approving the item today as follows: 1. The solid block wall at the front property line, at the proposed height, is not compatible with the area and the homes on that side of Newland. ZA Minutes 08/25/99 7 (99ZM0825) 2. The plant material proposed for the front of the wall is not enough to screen the effect of the wall. The wall will create a barrier, as intended, but it creates a closed -off look that is not consistent' with General Plan goals. Ms. Broeren suggested looking at some landscaping or combination of materials. 3. The proximity of the wall to the sidewalk. CONDITIONAL USE PERMIT NO. 99-37 WAS CONTINUED TO THE SEPTEMBER 8, 1999 MEETING. THE MEETING WAS ADJOURNED AT 1:58 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, SEPTEMBER 1,1999 AT 1:30 PM. AMaBeth Broeren, Acting Zoning Administrator MR 1 L ZA Minutes 08/25/99 8 (99ZM0825)