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HomeMy WebLinkAbout1999-12-080 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DECEMBER 8, 1999 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Sandra Thornton, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.99-40 (OAK OVEN BARBECUE)(CONTINUED FROM THE SEPTEMBER 15, 1999 MEETING) APPLICANT: Louis B. Gaydos, 21501 Brookhurst St., Suite D, Huntington Beach, CA 92646 PROPERTY OWNER: CBM, 1517 South Sepulveda Blvd., Los Angeles, CA 90025 REQUEST: To permit: 1) more than 12 seats in the restaurant, 2) the sale of beer and wine; and 3) a reduction in parking of eight (8) spaces. LOCATION: 21501 Brookhurst Street, Suite D (southwest corner of Broolhurst and Hamilton) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed site plans stating that the project is located within an existing commercial center and is surrounded by retail uses on all sides including commercial uses across both Hamilton Avenue and Brookhurst Street. Staff stated that the project conforms to the General Plan and Zoning Code requirements with the exception of the reduction in parking. Staff presented a parking study conducted by RKJK, which was reviewed by the Public Works department who supports the validity of the study. Staff recommended approval based upon the findings outlined in the staff report. Staff stated that one phone call was received from a resident who was confused by the notice, and no letters were received on this project. Mary Beth Broeren, Zoning Administrator, reviewed the site plans and the parking study and a discussion ensued regarding the original space, building improvements and seating. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that when she drove to the property, two wall signs were noted, which are in violation of code. Ms. Broeren, staff and the applicant discussed this issue, and Ms. Broeren stated that she was going to recommend in the conditions that one sign be eliminated. Ms. Broeren asked staff to edit Finding 5 and Condition 2.e. Ms. Broeren confirmed with the applicant their compliance with the conditions. Discussion ensued regarding the sign restriction, and Ms. Broeren explained the process whereby an entitlement plan amendment could be submitted. Ms. Broeren confirmed with staff that the neighboring business had no concerns or parking issues with this request. Ms. Broeren stated that she was going to approve the request with the additional condition that the two business signs be consolidated to one sign consistent with the Zoning and Subdivision ordinance, and requested that the sign improvement be completed within six months. CONDITIONAL USE PERMIT NO.99-40 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING 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, because this project consists of conversion of an existing restaurant with less than 12 seats to one with more than 12 seats involving no expansion of floor area. Additionally, the reduction in parking is considered a minor alteration of an existing facility. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-40: 1. Conditional Use Permit No. 99-40 for the establishment, maintenance and operation of the restaurant with more than 12 seats and beer and wine sales for on -site consumption 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 restaurant currently operates with more than 12 seats and is located within an existing commercial area. The sale of beer and wine for on site consumption is ancillary to the sale of food, and beer and wine will not be sold for off -site consumption. ZA Minutes 12/08/99 2 (99ZM1208) ., 0 C 2. The conditional use permit for a restaurant with more than 12 seats which will serve beer and wine ancillary to the sale of food will be compatible with surrounding uses because the restaurant is located within an existing commercial center and is surrounded by retail uses. Additionally, the restaurant is buffered from the nearest residential use to the south by approximately 100 feet and another retail center. 3. The proposed restaurant with more than 12 seats and the addition of beer and wine 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, except for the parking reduction approved concurrently. 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 on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Goal LU 10 Achieve the development of a range of commercial uses. b. Objective LU 10.1 Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. c. Objective LU 10.1.1 Accommodate the development of neighborhood, community, regional, office and visitor -serving commercial uses in areas designated on the Land Use Plan Map in accordance with Policy 7.1.1. d. Policy 7.1.1 Accommodate existing uses and new development in accordance with Land Use and Density Schedules. 5. The granting of a conditional use permit reducing the number of parking spaces to less than the requirement of Section 231.04 Schedule A of the Huntington Beach Zoning and Subdivision Ordinance 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 because the restaurant's parking demand will be less than the code requirement. The applicant is providing 11 parking spaces for the restaurant in lieu of the code requirement of 17 spaces. This will result in an 8 space parking reduction. Code does not take into account the mix of uses and offset in peak hours within this commercial center. The commercial center parking area serves a physical therapy office and a dry cleaning store. The peak hours for these two uses are morning and late afternoon. The proposed restaurant's peak hours are midday and evening. In addition the parking study conducted by RKJK & Associates, Inc. on October 5, 1999 validates the fact that the restaurant, which is currently operating with more than 12 seats, has adequate parking. The parking study also confirmed that adequate parking is provided for all uses at the site. 6. The granting of a conditional use permit reducing the number of parking spaces to less than the requirement in Section 231.04 Schedule A is acceptable because probable long-term occupancy of ZA Minutes 12/08/99 (99ZM1208) the building or structure, based on it's design, will not generate additional parking demand. The restaurant is operating at full capacity and cannot be expanded any further. In addition, a change in the use to retail would generate less demand for parking. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-40: 1. The site plan, floor plans, and elevations received and dated June 28, 1999 shall be the conceptually approved layout. 2. The use shall comply with the following: a. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. b. Only the uses described in the narrative shall be permitted. c. The sale of alcoholic beverages is to be in conjunction with the sale of food. (PD) d. The sale of alcoholic beverages for consumption off the premises is prohibited. (PD) e. No live entertainment will be permitted. Any amplified music shall not be audible beyond the perimeter of the business. (PD) f. No happy hour, period of reduced prices, or promotion for alcoholic beverages allowed. (PD) g. There shall be no exterior advertising or sign of any type, including advertising from the interior directed outside, promoting or indicating the availability of alcoholic beverages. (PD) h. One of the two existing business identification signs shall be removed within six months. 3. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 99-40 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 99-40 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 ZA Minutes 12/08/99 4 (99ZM1208) 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. 99-40, 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. 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. 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. ITEM 2: COASTAL DEVELOPMENT PERMIT NO.99-23 (HABZ RESIDENCE) APPLICANT: Michael J. Corcoran, 2240 University Drive, Suite 120, Newport Beach, CA 92660 PROPERTY OWNER: Habz Family Trust, 16951 Coral Cay, Huntington Beach, CA 92648 REQUEST: To remodel an existing single family house and construct a 1,100 square foot addition. LOCATION: 16951 Coral Cay Drive (on Coral Cay Drive north of Pacific Coast Highway) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed site plans stating that the project conforms to the General Plan and Zoning requirements including site coverage, setbacks and parking. Staff recommended approval based on the findings outlined in the staff report. Staff stated that she did not receive any phone calls or letters regarding this action. Mary Beth Broeren, Zoning Administrator, confirmed with staff that Homeowner's Association approval has been received. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren and staff reviewed the site plans, the coverage calculations and the revised plans reflecting the correct measurements of the rear yard. ZA Minutes 12/08/99 5 (99ZM1208) COASTAL DEVELOPMENT PERMIT NO.99-23 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING 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 addition will not increase the floor area by more than 50 percent or 2,500 square feet. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-23: 1. - Coastal Development Permit No. 99-23 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 is an addition to an existing single family residence, which conforms to the General Plan Land Use designation of Residential Low Density. The project will not impact public views or access to coastal resources. 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 regulations for the Low Density Residential zoning district, including building height, setbacks, and site coverage. 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 necessary infrastructure is provided for the project. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The public access to the west of the project site will remain and will not be affected by the development project. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-23: 1. The site plan, floor plans, and elevations received and dated November 16, 1999 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 all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. All fire department requirements shall be noted on building plans. (FD) ZA Minutes 12/08/99 6 (99ZM1208) 3. Prior to final building permit inspection and approval, the following shall be completed: a. If total building square feet throughout exceeds 5000, automatic sprinkler systems must be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) b. Address numbers will be installed to comply with City Specification 428. (FD) c. 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. 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. Coastal Development Permit No. 99-23 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Coastal Development Permit No. 99-23 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. 99-23, 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. 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. 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 ZA Minutes 12/08/99 7 (99ZM12.08) of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 8. State -mandated school impact fees shall be paid prior to issuance of building permits. ITEM 3• TENTATIVE PARCEL MAP NO. 99-205 (DEL TACO) APPLICANT: Andrew Koltavary, 17802 Mitchell North, Irvine, CA 92614 PROPERTY OWNER: Ki Pom and Chong Nam Chong, 12 Sawmill, Dove Canyon, CA 92679 REQUEST: To merge two parcels into one. LOCATION: 17501 Beach Boulevard (southwest corner at Slater) PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, displayed site plans stating that the project is for the development of a recently approved Del Taco at the southwest corner of Slater Avenue and Beach Boulevard. Staff stated that the request complies with the General Plan and Zoning requirements. Staff recommended approval of the request based upon the above. Mary Beth Broeren, Zoning Administrator, reviewed the site plans and confirmed with staff that the existing nonconformity regarding parcel size will be corrected with the parcel map. THE PUBLIC HEARING WAS OPENED. Andrew J. Koltavary, 17802 Mitchell North, Irvine, the applicant, requested clarification of the conditions of approval specifically, Conditions 2 and 3. Randy Macleod, 7850 Slater, neighboring property owner, who had submitted a letter to the applicant, requested clarification on the status of the double wall and street widening. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she was going to approve the request with changes to Condition 3 to read "prior to the issuance of certificate of occupancy" instead of building permits. TENTATIVE PARCEL MAP NO.99-205 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING 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 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 12/08/99 8 (99ZM1208) 1 pursuant to section 15315 of the CEQA Guidelines, because it involves the merger of two parcels into one parcel which conforms to the General Plan and zoning requirements. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO.99-205: 1. Tentative Parcel Map No. 99-205 to merge two parcels into one is consistent with the General Plan Land Use Element designation of Commercial General on the subject property, or any applicable specific plan, or other applicable provisions of this Code. The proposed parcel complies with the required minimum lot size and width. 2. The site is physically suitable for the type and density of development. The site is approved for the development of a fast food restaurant and the parcel map is required as part of the conditions of approval. 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 site was previously developed and does not contain any fish or wildlife habitat. 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. The map further improves public access because an easement will be dedicated to the City for future right-of-way improvements. CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO.99-205: 1. The tentative parcel map received and dated September 22, 1999 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 developer shall provide an irrevocable offer to dedicate 11 feet along Slater Avenue for future right turn pocket. b. All vehicular access rights to Beach Boulevard and Slater Avenue shall be released and relinquished to the City of Huntington Beach except at locations approved by the Zoning Administrator. 3. This map shall be recorded with the County Recorder and a copy of the recorded map shall be provided to the Planning Department prior to issuance of a final certificate of occupancy. 4. A reproducible mylar copy and a print of the recorded parcel map, along with digital graphic files of the recorded map per the City of Huntington Beach "CAD Standards Manual for Consultants", shall be submitted to the Department of Public Works at the time of recordation. (PW) ZA Minutes 12/08/99 9 (99ZM1208) 5. All conditions incorporated in Conditional Use Permit No. 96-107 shall be complied with. 6. The Departments of Planning and Public Works are responsible for compliance with all conditions of approval herein as noted after each condition. The Planning Director and Public Works Director shall be notified in writing if any changes to parcel map are proposed as a result of the plan check process. Permits shall not be issued until the Planning Director and Public Works Director have 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 - TENTATIVE MAP NO.99- 205: 1. Tentative Parcel Map No. 99-205 shall not become effective until the ten-day appeal period has elapsed. 2. Tentative Parcel Map No. 99-205 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 Director pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Tentative Parcel Map No. 99-205, 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 prior to map recordation. (PW) 5. 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 County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. THE MEETING WAS ADJOURNED AT 1:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, DECEMBER 15,1999 AT 1:30 PM. Ma Be Broeren Zoning Administrator :rmk ZA Minutes 12/08/99 10 (99ZM1208)