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HomeMy WebLinkAbout1999-12-22MINUTES HLli,t h'1. 6-TGN BI&CH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DECEM`MI+ R,22, 1999 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Sandra Thornton, Amy Wolfe, Ricky Ramos, Kim Langel (recording secretary) MINUTES: The Sept. 1, 1999; Nov. 3 & 17, 1999; Dec. 1 & 8, 1999 minutes were approved. ORAL COMMUNICATION_: Jerry Urner, Huntington Harbor Property Owner Association, stated for the record that he would be asking staff to clarify wall height for side properties in the harbor area. ITEM 1: COASTAL DEVELOPMENT PERMIT NO.99-15/ CONDITIONAL USE PERMIT NO.99-43/rIEGATIVE DECLARATION NO.99-19 (VILLAGE NURSERIES) APPLICANT: Mike Babineau, Village Nurseries REQUEST: The proposed project will establish a wholesale nursery for propagation and growing plants on approximately 15 acres. The project consists of five acres of open growing area, 137,190 square feet of shade houses, plastic houses, propagation greenhouses and sheds, and an office totaling 80 square feet. LOCATION: 22212 Brookhurst (Orange County Sanitation District property) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed site plan and photographs, stating the request will establish a wholesale nursery for propagation and growing plants on approximately 15 acres at 22212 Brookhurst Avenue. Staff has received one (1) phone call requesting more information regarding this request. The homeowner's association supports the request. Staff recommended approval of the proposed request as it will be compatible with the surrounding residential uses and the bike trail. The use complies with setbacks, height, and parking requirements and the use will not affect public views or access to a public resource. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, stated that she has reviewed the findirk;and conditions of approval and is familiar with the site. She stated that she W -approve-(he request with the following modifications: , , - 6P , - Add to Finding No. 1 for coastal development permit that the request is allowed subject to approval on a temporary basis of the entitlements. - Add to Condition of Approval No. 10 a specific date (the end of the appeal period) to begin the ten (10) year maximum limit to the use. CONDITIONAL USE PERMIT NO.99-43, COASTAL DEVELOPMENT PERMIT NO. 99-15 AND NEGATIVE DECLARATION NO.99-19 WERE 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) CALENDAR DAYS. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-43 1. Conditional Use Permit No. 99-43 for the establishment, maintenance and operation of the wholesale nursery for propagation and growing plants on approximately 15 acres which consists of five acres of open growing area, 137,190 square feet of shade houses, plastic houses, propagation greenhouses and sheds, and an office totaling 80 square feet 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 proposed pesticides to be used at the project site are regulated by Agricultural Commissioner of Orange as well as the California Department of Food & Agriculture and will not be sprayed in windy conditions. With the conditions of approval imposed the use will be compatible with the surrounding residential uses and the bike trail. 2. The conditional use permit will be compatible with surrounding uses because the chemicals used at the site will not be sprayed in windy conditions. In addition the distance to neighboring communities, (closest homes are 40 feet to the north and 250 feet to the west across Brookhurst) ensures compatibility between uses. 3. The proposed conditional use permit 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 use complies with setbacks, height, and parking requirements among others. 4. The granting of the conditional use permit will not adversely affect the General Plan. The subject site has a General Plan Land Use Element designation of Public which typically does not permit the proposed use. However, a condition of approval is included limiting the life of the project to ten years, with the possibility of an extension to ensure that the granting of the conditional use permit will not adversely affect the General Plan. ZA Minutes — 12/22/99 2 (99ZM1222) H ii FINDINGS''- ➢R API'T QVAL - COASTAL DEVELOPMENT PERMIT NO.99-15: 1. Coastal Development Permit No. 99-15 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 will establish a wholesale nursery for propagation and growing plants on approximately 15 acres. The project consists of five acres of open growing area, 137,190 square feet of shade houses, plastic houses, propagation greenhouses and sheds, and an office totaling 80 square feet. The request is allowed subject to approval on a temporary basis of the entitlements. It will not affect public views or access to a public resource. 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 General Industrial zoning district, including parking, setbacks, and height. 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. No public access or recreational opportunities exist at the site. FINDINGS FOR APPROVAL — NEGATIVE DECLARATION NO.99-19: 1. The Negative Declaration No. 99-19 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of twenty (20) days. Comments received during the comment period were considered by the Zoning Administrator prior to action on the Negative Declaration, Conditional Use Permit No. 99-43, and Coastal Development Permit No. 99-15. 2. There is no substantial evidence in light of the whole record before the Zoning Administrator that the project as mitigated through the conditions of approval for Conditional Use Permit No. 99-43 and Coastal Development Permit 99-15 will have a significant effect on the environment. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO.99-15/ CONDITIONAL USE PERMIT NO.99-43: 1. The site plan, floor plan, and elevations dated July 19,1999, shall be the conceptually approved layout with the following modification: a. No plant material that requires spray pesticide application shall be permitted outside of the perimeter of the existing gravel road. ZA Minutes — 12/22/99 3 (99ZM1222) 2. Chemicals will not be applied during windy conditions. Sprayingwill be permitted on an as needed basis. , 3. State approved modular office requires a building permit; plans and calculations for anchorage into footings are required at plan check submittal. Modular office shall be accessible to the disabled. (i.e. ramp plans, and details required at plan check submittal). (BD) 4. Shade houses do not require building permits but Fire Department approval is required (shade houses are similar to tent structures).(BD) 5. 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). 6. Prior to issuance of building permits, the following shall be completed: a. Building permits, plans, and calculations are required for all structures except shade houses. A licensed engineer/architect is required to stamp and sign plans. (BD) b. Provide striping details and signage for disabled parking spaces. (BD) c. Provide Building Code analysis on plans to show compliance with 97 Uniform Building Code Chapter 5 (Allowable area) and Chapter 10 (Means of egress). (BD) d. 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 Department of Planning. e. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. (PW) f. All applicable Public Works fees shall be paid. (PW) 7. The applicant shall comply with all applicable federal, state, and county laws pertaining to pesticides. ZA Minutes— 12/22/99 4 (99ZM1222) r 8. Prior to final inspection or certificate of occupancy: a. The existing 2-inch water service may potentially be utilized if it is of adequate size, conforms to current standards, and is in working condition as determined by the Water Division. The meter shall be replaced with a touch -read type. A conforming backflow protection device shall be installed. If a new service is necessary, it shall be constructed per Water Division standards and sized to meet minimum requirements set by the Uniform Plumbing Code (UPC). Minimum new service lateral size shall be two inches. (PW) b. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. 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. d. Compliance with all conditions shall be accomplished and verified by the Planning Department. 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. 10. The use shall be limited to a maximum of ten (10) years from January 7, 2000 with the possibility of extension. INFORMATION ON SPECIFIC CODE REQUIREMENTS: Coastal Development Permit No. 99-15/Conditional Use Permit No. 99-43 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. 99-15/Conditional Use Permit No. 99-43 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 — 12/22/99 5 (99ZM1222) 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 99- 15/Conditional Use Permit No. 99-43, pursuant to a public hearirj for revocation, if any violation of these conditions or the Huntington Beach Zoning ail 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 Determination 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. 8. 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. 9. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 10. State -mandated school impact fees shall be paid prior to issuance of building permits. 11. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. 12. An encroachment permit shall be required for all work within the right-of-way. (PW) ITEM 2• COASTAL DEVELOPMENT PERMIT NO.99-24 (KOMPANIEZ RESIDENCE) APPLICANT: Randall Coombs, Architect REQUEST: To remodel an existing single family house and construct a 510 square foot addition. LOCATION: 16581 Carousel (on Carousel Lane west of Saybrook) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed site plan and photographs, stating that the request is to remodel an existing single family house and construct a 510 square foot addition located at 16581 Carousel Lane. Staff has not received any phone calls or correspondence in regards to this request. ZA Minutes — 12/22/99 6 (99ZM1222) Staff is recommending approval of the proposed request as the project will not impact public views or access to coastal resources. The project meets all development regulations for the Low Density Residential zoning district, including building height, setbacks, and site coverage. All necessary infrastructure is provided and no public access or recreational opportunities exist at the site. THE PUBLIC HEARING WAS OPENED. Jerry Urner, Huntington Harbour Property Owner's Association, spoke in support of the request stating that the association had reviewed and approved the proposed project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, stated that she would approve the request with a modification to Condition No. 2.b. to clarify that all new and existing work shall comply with the Uniform Building Code 1997 edition. COASTAL DEVELOPMENT PERMIT NO.99-24 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) 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 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.99-24: 1. Coastal Development Permit No. 99-24 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. ZA Minutes — 12/22/99 7 (99ZM1222) 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is co}isistent 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. No public access or recreational opportunities exist at the site. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-24: 1. The site plan, floor plans and elevations dated October 8, 1999 shall be the conceptually approved layout with the following modifications: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (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 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 new and existing work shall comply with the Uniform Building Code 1997 edition. c. Structural calculations shall be prepared to comply with the Uniform Building Code, 1997 edition. (BD) 3. Prior to final building permit inspection and approval, the following shall be completed: a. The proposed building shall have a new, separate water meter, and service, sized to meet the minimum building requirements set by the Uniform Building Code (UBC) and Uniform Fire Code (UFC). The irrigation service may be combined with the domestic service, which shall be a minimum of 1 inch in size. (PW) b. The existing water service meter shall be abandoned per City Standards. (PW) c. A backflow protection device is required for all water services. (PW) d. Provide grading note on site plan. (PW) e. Address numbers shall be installed to comply with City Specification 428. (FD) ZA Minutes — 12/22/99 8 (99ZM1222) 1 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. 99-24 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. 99-24 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- 24, 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 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. ZA Minutes — 12/22/99 9 (99ZM1222) ITEM 3: CONDITIONAL USE PERMIT NO 99-58 (NEW ORLEANS RESTAURANT APPLICANT: Adam Chamaa REQUEST: To permit: 1) live entertainment (jazz, blues and classical music) for a maximum of 3 weekly events, and 2) outdoor dining within the existing patio area. LOCATION: 18552 Beach Boulevard (east side of Beach Boulevard between Ellis Avenue and Graziadio Drive) PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed site plans stating that the request was to allow live entertainment and outdoor dining at an existing restaurant at 18552 Beach Boulevard. The live entertainment would consist of Jazz, Classical and Blues music. Staff is recommending that the outdoor dining area be limited to 400 square feet to meet parking requirements and require additional landscape to the site. Staff is also recommending a reduction of the height of the patio cover to 42 inches in order to comply with setback issues and design compatibility. The applicant is currently applying for a live entertainment permit with the Police Department and has requested to expand the hours of operation to 2:00 AM on New Years Eve only. Staff is recommending approval of the request, with the proposed changes, as it is buffered from residential properties by commercial uses and structures; live entertainment activities will be contained within the building and restricted to specific hours and the location for outdoor dining will not inhibit pedestrian access to the restaurant facility. Adequate separation exists between the commercial uses and buildings and the expanded use will not generate significant noise impacts or result in additional traffic. The use is allowed with the approval of a conditional use permit and it is consistent with the goals and policies of the General Plan. Mary Beth Broeren, Zoning Administrator, asked staff if the Police Department has any problems with the request, if the applicant has reviewed the proposed changes and why a six (6) month review is necessary. Staff stated that the Police Department had not expressed any concerns and the entertainment permit is subject to their approval. The applicant has reviewed and concurs with staff s proposed changes and staff does not foresee any problems with the request, the six (6) month review has been placed on other permits and is used as a safeguard. THE PUBLIC HEARING WAS OPENED. Lisa Winn, 8091 Ellis Avenue, stated that she is able to hear music from the restaurant currently and is concerned that the live entertainment would increase the problem, especially on weekday nights. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes — 12/22/99 10 (99ZM1222) Mary Beth Broeren, Zoning Administrator, asked staff if any noise complaints have been filed against the existing restaurant. Staff stated that they are not aware of any. Staff also stated that a condition of any Entertainment Permit is that the sound must not be audible beyond 50 feet of the boundary of the building. The Zoning Administrator stated that the music will only be inside with no speakers outside and Condition No. 4 covers any noise concerns. A condition to keep windows and doors closed during times of entertainment shall be added and the hours of operation shall be expanded to 2:00 AM on New Years Eve only. CONDITIONAL USE PERMIT NO.99-58 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) 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 new outdoor dining and live entertainment use involves negligible expansion of the existing use. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 99-58: 1. Conditional Use Permit No. 99-58 for the establishment of live entertainment (jazz, blues and classical music) for a maximum of three (3) weekly events, and outdoor dining 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 it is consistent with the zoning designation of General Commercial (CG). The project site is buffered from residential properties by commercial uses and structures; live entertainment activities will be contained within the building and restricted to specific hours and the location for outdoor dining will not inhibit pedestrian access to the restaurant facility. 2. The conditional use permit will be compatible with surrounding uses because; a) adequate separation by means of distance and location of existing commercial uses/buildings will be provided between the proposed building and residential uses in the immediate vicinity; b) the expanded use will not generate significant noise impacts or result in additional traffic. 3. The proposed Conditional Use Permit No. 99-58, as conditioned, 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. Live entertainment and outdoor dining are allowed within the General Commercial (CG) zoning district subject to approval of a Conditional Use Permit. ZA Minutes — 12/22/99 11 (99ZM1222) 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General (CG) on the subject property.' In addition, it is consistent with the following goals and policies of the General Plan: a. Goal LU 8: Achieve a pattern of land use that preserves, enhances and establishes a district identity for the City's neighborhoods, corridors and centers. b. Goal LU 10: Achieve the development of a range of commercial use. c. 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 the local residents, serve the surrounding region, serve visitors to the City, and capitalize on the Huntington Beach's recreational resources. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-58: 1. The site plan, floor plans and elevations received and dated November 29, 1999 shall be the conceptually approved layout with the following modifications: a. The outdoor dining area shall be limited to a maximum of 400 sq. ft. in accordance with "Exhibit A" (Attached). b. The proposed patio cover structure shall be eliminated. c. The proposed outdoor patio area wall enclosure height shall be limited to 42 inches. (Code Requirement) d. If outdoor lighting is included, decorative, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 2. Prior to commencing live entertainment activities, a copy of an approved Entertainment Permit, as issued by the Business License Department, shall be submitted to the Planning Department. 3. Prior to commencing outdoor dining activities, the following shall be completed: a) The Design Review Board Secretary shall review and approve the following: 1) Revised site plan and elevations as modified pursuant to Condition No. 1. 2) That proposed outdoor patio/dining area design is architecturally compatible with existing structures. ZA Minutes — 12/22/99 12 (99ZM1222) b) A landscaping plan for improvements within the outdoor patio area shall be submitted to the Planning Department and approved by the City Landscape Architect. 4. Landscaping improvements within the outdoor patio area shall be installed within 60 days from approval of CUP 99-58. 5. The use shall comply with the following: a. All conditions of the Entertainment Permit as approved by the Police Department. b. Live entertainment shall be limited to between 1:00 PM to 12:00 AM with the only exception permitted, New Year's Eve (December 31) live entertainment events which may extend between 1:00 PM to 2:00 AM. c. Live entertainment shall be limited to a maximum of three (3) weekly events. d. All doors and windows shall be kept closed during live entertainment performances. e. No loudspeakers shall be permitted within the patio area. f. Alcohol shall not be served in the patio area. g. All features of the outdoor dining (e.g., tables, chairs) shall be maintained in a neat and clean manner. h. No signage shall be permitted in the outdoor patio area. 6. A review of the use shall be conducted by the Staff within six (6) months of the commencement of live entertainment and outdoor dining to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that time the Zoning Administrator may consider modifications to the conditions of approval. 7. 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. 99-58 shall not become effective until the ten calendar day appeal period has elapsed. ZA Minutes — 12/22/99 13 (99ZM1222) 2. Conditional Use Permit No. 99-58 shall become null and void unless exercised within one year of the date df 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. 99-58, 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, including Chapter 8.40, Noise Control. 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 landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. THE MEETING WAS ADJOURNED AT 1:53 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 5, 2000 AT 1:30 PM. Mai Bet Broeren Zoning Administrator :kjl ZA Minutes — 12/22/99 14 (99ZM1222)