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HomeMy WebLinkAbout2000-04-12MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, APRIL 12, 2000 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Amy Wolfe, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: August 5, 12, 19, 26, 1998 September 2 and 9, 1998 Minutes were approved ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.00-12 (HONEYBAKED CAFE) APPLICANT: Richard Gore, 29 Musick, Irvine, CA 92618 PROPERTY OWNER: Honey Baked Ham Limited Partnership, Craig Martin, 29 Musick, Irvine, CA 92618 REQUEST: To permit the sale of alcohol (beer and wine) in an existing 1,300 square foot restaurant. LOCATION: 19022 Beach Boulevard (east side of Beach Boulevard, approximately 150 feet south of Garfield Avenue) PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, stated the purpose and location of the request. Staff recommended approval of the request based on the findings and conditions as outlined in the staff report. Staff stated that no written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, confirmed with staff that the use shall comply with those conditions as specified by the Police Department. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.00-12 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 it consists of the operation and minor alteration of existing facilities involving no expansion of use. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.00-12: 1. Conditional Use Permit No. 00-12 for the addition of alcohol sales in an existing 1,300 square foot restaurant will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project site is an existing tenant suite in an established commercial center and no exterior alterations are proposed that would impact the area. 2. The conditional use permit will be compatible with surrounding uses because the restaurant with alcohol sales is consistent with the character of the established commercial center where it will be located. It will be buffered from surrounding uses by adequate setbacks. Alcohol sales will be in conjunction with food sales. 3. The proposed Conditional Use Permit No. 00-12 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 sale of alcoholic beverages is allowed with 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 General on the subject property which permits eating and drinking establishments. In addition, it is consistent with the following goals and policies of the General Plan: a. Achieve the development of a range of commercial uses. (Goal LU 10) b. Accommodate the development of neighborhood, community, regional, office, and visitor - serving commercial uses in areas designated on the Land Use Plan Map. (Policy LU 10.1.1) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-12: 1. The site plan, floor plans, and elevations received and dated February 23, 2000, shall be the conceptually approved layout. 2. Prior to commencement of alcohol sales all improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: a. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) z ZA Minutes 04/12/00 2 (OOZM0412 b. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one- half (1-1/2) inches. (FD) c. Exit signs and exit path markings shall be provided in compliance with the Huntington Beach Fire Code and the California Administrative Code, Title 24. Install occupant load signs for less than 50. Exit ways and paths must be maintained and signs installed at exit doors. (FD) d. 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. 3. The use shall comply with the following: a. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 AM and 11:00 PM each day of the week. (PD) b. There shall be no bar or lounge area upon the licensed premises maintained for the purpose of sales, service or consumption of alcoholic beverages directly to patrons for consumption. (PD) c. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed. (PD) d. At all times when the premises are open for business the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the beverage. (PD) e. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept on less frequently than on a quarterly basis and shall be made available to the State Department of Alcohol and Beverage Control on demand. (PD) f. There shall be no live entertainment of any type, including but not limited to live music, disc jockey, karaoke, topless entertainment, male or female performers or fashion shows. (PD) g. The rear door(s) shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. Said door(s) not to consist solely of a screen or ventilated security door. Deliveries and trash dumping will be restricted between 8:00 AM and 8:00 PM. (PD) h. There shall be no patron dancing permitted on the premises at any time. (PD) i. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages or signs that are clearly visible to the exterior. (PD) ZA Minutes 04/12/00 3 (OOZM0412 j. Any patio sale/ service of alcoholic beverage shall be limited to sale/ service by waiter/ waitress. (PD) 4. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 5. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing of any changes to the site plan, elevations and floor plans are proposed as a result of any future 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. 00-12 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-12 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. 00-12, 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. 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 gounty of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. 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 Planning Commission. 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. z. ZA Minutes 04/12/00 4 (OOZM0412 C The Planning Department will perform a comprehensive plan check relating to all Municipal Code requirements upon submittal of your completed structural drawings. Please be advised that the Zoning Administrator reviews the conceptual plan as a basic request for entitlement of the use applied for in relation to the vicinity in which it is proposed. The conceptual plan should not be construed as a precise plan reflecting conformance to all Code requirements. It is recommended that you immediately pursue completion of the Conditions of Approval and address all requirements of the Huntington Beach Municipal Code in order to expedite the processing of your total application. THE MEETING WAS ADJOURNED AT 1:38 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 26, 2000 AT 1:30 PM. AMarBeth roeren Zoning Administrator :rmk ZA Minutes 04/12/00 5 (OOZM0412