HomeMy WebLinkAbout2000-02-16MINUTES
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HUNTINGTON_BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, FEBRUARY 16, 2000 -1:30 P.M.
ZONING ADMINISTRATOR: Mary Beth Broeren
STAFF MEMBER: Amy Wolfe, Sandra Thornton, Ricky Ramos, Ramona
Kohlmann (recording secretary)
MINUTES: None
ORAL COMMUNICATION: None
ITEM 1• CONDITIONAL USE PERMIT NO 99-76 (ROMANO'S MACARONI GRILL)
APPLICANT:
Brinker International, c/o Karin Sumrall, 6820 LBJ Freeway, Dallas,
TX 75240-6515
PROPERTY OWNER:
Huntington Center Associates, LLC, 7777 Edinger Ave., Ste #200,
Huntington Beach, CA 92647
REQUEST:
To permit live entertainment (opera singers) seven (7) days a week
between the hours of 11:00 A.M. —1:00 A.M.
LOCATION:
7901 Edinger Avenue (northwest corner of Beach Boulevard and
Edinger Avenue)
PROJECT PLANNER:
Amy Wolfe
Amy Wolfe, Staff Planner, stated the purpose and location of the request, and stated that the opera
singers will enhance the character of the currently existing facility. Staff stated that the request is
consistent with the character, and will not be detrimental to the general welfare of persons working or
residing in the vicinity.
Based on the above and the findings in the staff report, staff recommended approval of the request
subject to the conditions. Staff stated that no written or verbal comments were received.
THE PUBLIC HEARING WAS OPENED.
James Schneider, 7901 Edinger, manager, requested approval.
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 she was going to approve the request.
CONDITIONAL USE PERMIT NO.99-76 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 live entertainment use involves
negligible expansion of the existing use.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 99-76:
1. Conditional Use Permit No. 99-76 for the establishment of live entertainment (opera singing)
seven days a week between the hours of 11:00 a.m. and 1:00 a.m. 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-FP2). Live entertainment activities will be contained
within the building and restricted to specific hours.
2. The conditional use permit will be compatible with surrounding uses because the expanded use
will not generate significant noise impacts or result in additional traffic.
3. The proposed Conditional Use Permit No. 99-76, 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. Live entertainment is allowed within the General
Commercial (CG) zoning district subject to approval of a conditional use permit.
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 Regional (CR-172-sp-mu F-9)
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.
ZA Minutes 02/16/00 2 (OOZM0202)
The proposed land use expansion of the existing Romano's Macaroni Grill restaurant to include opera
singing will enhance. toe character and ambiance of the existing facility and will provide a distinct
type of entertainment in the city of Huntington Beach which will be unique to this establishment.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-76:
1. Prior to commencing live entertainment activities the following shall be complied with:
a. A copy of an approved Entertainment Permit, as issued by the Business License Department,
shall be submitted to the Planning Department.
b. Exit signs and exit path markings shall be provided in compliance with the Huntington Beach
Fire Code and the California Administrative Code, Title 24. (Keep exit paths unobstructed
from chairs or tables and do not block exit doors). (FD)
c. Update any occupancy load changes on new Occupancy Load Signs to comply with building
code standards. (FD)
d. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach
Fire Code and City Specification # 424 standards. (FD)
2. 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 opera singing, within interior dining areas of the
business.
c. Live entertainment shall be limited to between 11:00 AM to 1:00 AM daily.
d. All exterior doors and windows shall be kept closed during live entertainment performances.
Entertainment shall not be audible beyond 50 ft. from the exterior walls of the business, in any
direction.
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 subject request are proposed
subsequent to approval of Conditional Use Permit 99-76 by the Zoning Administrator. An
Entertainment Permit by the Business License Department, 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.
ZA Minutes 02/16/00 3 (OOZM0202)
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 99-76 shall not become effective until the ten calendar day appeal
period has elapsed.
2. Conditional Use Permit No. 99-76 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. 99-76,
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 and Chapter 5.44,
Restaurants -Amusement and entertainment premises.
5. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of
Exemption at the County of Orange Clerk's Office. The check shall be made out to the County
of Orange and submitted to the Planning Department within two (2) days of the Zoning
Administrator's action.
ITEM 2: CONDITIONAL USE PERMIT NO.99-67 (SPRINT PCS FACILITY)
APPLICANT:
Marc Meyers, Compass Telecom Services, 17870 Skypark Circle Suite
102, Irvine, CA 92614
PROPERTY OWNER:
Southern California Edison, P.O. Box 800, 2244 Walnut Grove Ave.,
Rosemead, CA 91770
REQUEST:
To permit the installation of a wireless telecommunications facility on
an existing Southern California Edison tower and equipment cabinets
located at the base of the Edison tower.
LOCATION:
19201 Magnolia Street (on the SCE easement)
PROJECT PLANNER:
Sandra Thornton
Sandra Thornton, Staff Planner, displayed site plans and photographs, and stated the purpose and
location of the request. Staff stated that the project complies with code, and that no comments
written or verbal were received. Staff recommended approval of the request.
THE PUBLIC HEARING WAS OPENED.
Joe Thompson, 17870 Skykpark Circle, Irvine, the applicant, stated he was available for questions.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
ZA Minutes 02/16/00 4 (OOZM0202)
Mary Beth Broeren ,Zoning Administrator, asked staff to include in the conditions the use of shrubs
to screen the equipment cabinets from pedestrian view subject to the approval of the Planning staff.
16
CONDITIONAL USE PERMIT NO.99-67 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 the project is considered a minor
alteration of an existing facility.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-67:
1. Conditional Use Permit No. 99-67 for the establishment, maintenance and operation of a wireless
telecommunications facility on an existing Southern California Edison tower and equipment
cabinets located at the base of the Edison tower 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 antennas will be mounted on an existing Southern
California Edison tower which will screen them from public view. The wireless
telecommunications facility will not generate noise or other impacts, which would be detrimental
to surrounding uses. In addition, the equipment cabinets will be screened from public view with
the use of landscaping.
2. The conditional use permit will be compatible with surrounding uses because the proposed
antennas will be located on an existing Southern California Edison tower which will screen them
from public view because the antennas will blend in with the tower.
5. The proposed wireless telecommunications facility on an existing Southern California Edison
tower and equipment cabinets located at the base of the Edison tower 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 HBZSO allows wireless telecommunications
facilities to be located within 300 feet of a residential zone with a conditional use permit.
6. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Public on the subject property.
ZA Minutes 02/16/00
(OOZM0202)
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-67:
1. The site plan, floor plans, and elevations received and dated January 18, 2000 shall be the
conceptually approved layout with the following changes:
a. Plant material for the purpose of screening the equipment cabinets from pedestrian view shall
be planted to the along the west side of the equipment cabinets to the approval of Planning
Staff.
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.
3. Prior to issuance of building permits, the following shall be completed:
a. A Landscape Construction Set must be submitted to the Department of Public Works and
approved by the Departments of Public Works and Planning. The Landscape Construction
Set shall include a landscape plan prepared and signed by a developer or contractor which
identifies the location, type, size and quantity of all existing plant materials to remain, existing
plant materials to be removed and proposed plant materials; an irrigation plan; an approved
site plan and a copy of the entitlement conditions of approval.
b. Submit 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 Department of Planning.
4. 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) Landscaping;
2) Installation of the new park sign to the satisfaction of the Community Services
Department. (CS)
b. Secure fencing with placards indicating electrical or other hazards must be installed to
discourage unauthorized persons or children in the park from entering. (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.
5. 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
ZA Minutes 02/16/00 6 (OOZM0202)
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 Tay be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 99-67 shall not become effective until the ten calendar day appeal
period has elapsed.
2. Conditional Use Permit No. 99-67 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. 99-67,
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 Count
of Orange and submitted to the Planning Department within two (2) days of the Zoning
Administrator's action.
8. All landscaping shall be maintained in a neat and clean manner, and in conformance with the
HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of
Planning and Public Works for Code requirements. Substantial changes may require approval
by the Zoning Administrator.
9. 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.
10. An encroachment permit shall be required for all work within the right-of-way. (PW)
ZA Minutes 02/16/00 7 (OOZM0202)
THE MEETING WAS ADJOURNED AT 1:40 PM BY THE ZONING ADMINISTRATOR TO
THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR
ON WEDNESDAY, FEBRUARY 23, 2000 AT 1:30 PM.
Mary Beth roeren
Zoning Administrator
:rmk
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ZA Minutes 02/16/00 8 (OOZM0202)