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HomeMy WebLinkAbout2000-05-24MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room 13-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MAY 24, 2000 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Sandra Thornton, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: April 26, 2000 Minutes were approved. ORAL COMMUNICATION: None ITEM 1: TENTATIVE PARCEL MAP NO.00-145 (LINBORG LOT SPLIT) APPLICANT/ PROPERTY OWNER: Leonard O. Linborg, 24 N. La Senda, Laguna Beach, CA 92677 REQUEST: Division of one 50 ft. by 117.5 ft. residential lot into two 25 ft. by 117.5 ft. residential lots with a 2.5 ft. alley dedication (and demolition of existing apartment building). LOCATION: 423 11" Street (between Orange Avenue and Pecan Avenue) Ron Santos, Staff Planner, displayed site plans and photographs stating the purpose, location, zoning, and existing use of the proposed project. Staff stated that the request conforms to the General Plan and Zoning and Subdivision Ordinance and is compatible in terms of size and development potential in the neighborhood. Staff recommended approval of the request based upon the findings and conditions as outlined in the staff report. No written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, asked staff if the property is listed within the historic survey area, and staff stated that it is, but it is not listed as an historically significant structure in the General Plan. THE PUBLIC HEARING WAS OPENED. William Testa, 1720 18"' Street, Suite 103, appearing on behalf of the applicant, stated that the existing palm tree on the proposed site would be removed as part of the demolition. Mr. Testa also advised that one of the three units on the proposed site, which is currently occupied by tenants, will be vacated soon. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren confirmed with staff that no other entitlements will need to be filed for development of the dwellings on the site and that a grade differential does not exist requiring a conditional use permit. Ms. Broeren asked staff to add a condition stating that the existing structure shall be demolished prior to recordation of the final map. TENTATIVE PARCEL MAP NO.00-145 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 15315 of the CEQA Guidelines, because the project is a minor division of land into two parcels, in conformance with the General Plan and applicable Zoning. The project site has adequate access and all services available, was not involved in a division of a larger parcel within the previous two years, and has an average slope less than 20%. CEQA Guidelines recognize such projects as typically not having a significant effect on the environment, and accordingly as "categorically exempt". FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO.00-145: 1. Tentative Parcel Map No. 00-145, for division of one 50 ft. x 117.5 ft. residential lot into two 25 ft. x 117.5 ft. residential lots with a 2.5 ft. alley dedication is consistent with the applicable General Plan Land Use Element designation of RMH-25-d, (Residential Medium High Density — 25 units per acre maximum — design overlay), and applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, including minimum lot area, minimum lot width, and access requirements. 2. The proposed parcels are compatible with existing parcels in the vicinity in terms of configuration and size and are physically suitable for the type and density of development permitted by the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The surrounding neighborhood is subdivided into equal proportions with lots of 25 foot width and lots of 50 foot width. No development is proposed at this time on either parcel; however, the HBZSO permits construction of one single-family dwelling on each of the proposed lots. The neighborhood is developed with a mix of single- and multi -family dwellings. Proposed parcels are topographically flat, rectangular in shape, accessible from a public street and adequate in size to accommodate a single-family dwelling. 3. The design of the subdivision will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the proposed project site will provide opportunities for in -fill construction and replacement of structures to be demolished, in a developed neighborhood. The project site does not contain any fish or wildlife habitat. ZA Minutes 05/24/00 2 (OOZM0524) J C 4. The design of the subdivision will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision since no public easements exist on -site. The applicant will dedicate 2.5 feet for alley purposes to improve public access. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO.00-145: 1. The tentative map received and dated April 06, 2000 shall be the approved layout. The nearest cross street north of the subject property shall be accurately identified as Pecan Avenue (not Acacia Avenue) on the Final Map. 2. The project site shall be hydroseeded or otherwise landscaped to control dust and weed growth, and fenced to discourage dumping, to the satisfaction of the Planning Director, within 30 days of completion of demolition of existing structures. Required landscaping and fencing shall be maintained until commencement of grading for new construction. 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. (PW) a. The apartment building existing on the project site shall be demolished. b. The developer shall dedicate 2.5 feet of alley, as depicted on the tentative parcel map. c. The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. d. A reproducible mylar copy and print of the final parcel map shall be submitted to the Department of Public Works at the time of recordation. INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE PARCEL MAP NO.00-145: 1. Tentative Parcel Map No. 00-145 shall not become effective until the ten calendar day appeal period has elapsed. 2. Tentative Parcel Map No. 00-145 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. 00-145, 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 project 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 ZA Minutes 05/24/00 3 (OOZM0524) of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 6. Park Land In -Lieu Fees shall be paid based upon the August, 1998 City park land appraisal value of $516,500 per acre pursuant to Section 254.08.H. of the HBZSO prior to approval of the final map by the City. 7. An encroachment permit shall be required for all work within the right-of-way. (PW) 8. Prior to issuance of demolition permits, the followipg shall be completed: a. The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCB's. These requirements include but are not limited to: survey, identification of removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. b. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos survey shall be completed. c. The applicant shall complete all Notification requirements of the South Coast Air Quality Management. District. d. The City of,Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the Notification procedures have been completed. e. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. f. All facets of the project related to historic preservation shall be reviewed and approved by the City of Huntington Beach. The applicant shall provide 45 days written notice to the City of Huntington Beach Historic Resources Board informing them of such activity. The Board may relocate, fully document and/or preserve significant architectural elements. The applicant/property owner shall not incur any costs associated with moving or documenting the structure by the Board. ITEM 2: CONDITIONAL USE PERMIT NO.00-18 (LONGBOARDS) APPLICANT: Keith Bohr/Jeff Bergsma, 415 Townsquare Lane #219, Huntington Beach, CA 92648 PROPERTY OWNER: Doug Langevin, 4124 Leonard Rd., Grants Pass, OR 97527 REQUEST: To permit alcohol to be served in conjunction with existing outdoor dining within the public right-of-way. LOCATION: 217 Main Street (on the west side of Main Street south of Olive Avenue) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed site plans and photographs stating the purpose, location and zoning of the request. Staff stated that the project complies with all zoning requirements and ZA Minutes 05/24/00 4 (OOZM0524) recommended approval of the project. No written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, asked staff to report on code enforcement and police department issues. Staff stated that the police department did not require any conditions, and although the police department does not favor outdoor dining with alcohol, the concept was approved by the City Council. The restaurant has a history of extending the boundaries of the outdoor dining area requiring intervention by code enforcement. THE PUBLIC HEARING WAS OPENED. Keith Bohr, 415 Townsquare Lane, #219, the applicant, questioned condition 3.b concerning the approval of the design of the barrier. Mr. Bohr also questioned condition 3.c concerning the funding of a code enforcement officer, and requested that the condition be reworded to reflect "as approved by the City Council." Jeff Bergsma, 221 Main Street, #H, the applicant, also questioned the language of condition 3.b. Mr. Bergsma presented a copy of a revised plan received on this date by staff concerning the Public Works barrier detail. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren asked staff to modify the conditions as follows: Condition 1: That the site plan received and dated May 24, 2000 shall be the conceptually approved layout with the Public Works barrier detail attached to the plans. Condition 2.b: That the physical barrier of 36 inches in height per the Public Works approved standard barrier plan surrounding the outdoor dining area shall be installed and coordinated with the Public Works Department. Condition 2.c: That the funding of a code enforcement officer, shall be as approved by the City Council. CONDITIONAL USE PERMIT NO.00-18 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 adding alcohol to an existing restaurant's outdoor dining area is considered a minor alteration of an existing facility. ZA Minutes 05/24/00 5 (OOZM0524) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.00-18: 1. Conditional Use Permit No. 00-18 for the establishment, maintenance and operation for alcohol to be served in conjunction with existing outdoor dining within the public right-of-way 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 outdoor dining area is existing and will be separated from the adjoining sidewalks by a 36-inch high barrier to protect pedestrians and also to prevent the outdoor dining -areas and alcohol service from expanding beyond the approved area. 2. The conditional use permit will be compatible with surrounding uses because the outdoor dining is existing and alcohol is already served within this restaurant and adjacent restaurants. The outdoor dining area will be surrounded with a 36-inch high barrier so as not to impact the adjacent public sidewalks, loading zones, bus stops, and benches. 3. The proposed Conditional Use Permit No. 00-18 will comply with the provisions of the base district and other applicable provisions in the Downtown Specific Plan, Downtown Design Guidelines, and any specific condition required for the proposed use in the district in which it would be located. 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 Mixed Use Vertical on the subject property. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-18: 1. The site plan received and dated May 24, 2000 shall be the conceptually approved layout with the following modification: a. The Public Works barrier detail shall be attached to the plans. 2. Prior to alcohol service on the sidewalk area within the public right-of-way, the following shall be complied with: a. 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. A physical barrier of 36 inches in height per the Public Works approved standard barrier plan surrounding the outdoor dining area shall be installed. The barrier installation shall be coordinated with the Public Works Department. c. An updated License Agreement including use fees and payment for funding of a code enforcement officer, as approved by the City Council, shall be obtained from the City for outdoor dining located on public property. The License Agreement shall be subject to termination at any time upon a 10 day prior written notice upon determination of the Zoning ZA Minutes 05/24/00 6 (OOZM0524) Administrator that one or more of the conditions or provisions of Section 4.2.33 or that one or more of the items listed under the Findings for Approval listed in this document have been violated. Termination of a License Agreement shall nullify the conditional use permit. (Code Requirement) d. The applicant shall update the current Maintenance Agreement with the City for maintenance of all portions of the public property used and approved by the Zoning Administrator for the outdoor dining with alcohol service. Said agreement shall be submitted to and approved by the Department of Public Works prior to commencement of the use. (Code Requirement) e. The applicant shall provide an updated public liability insurance policy as specified in all current insurance resolutions within 60 days from this approval (July 24, 2000). Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. (Code Requirement) 3. Outdoor dining with alcohol on the sidewalk area within the public right-of-way shall comply with the following: a. Only the uses described in the narrative dated and received April 5, 2000 shall be permitted. b. No food or beverages of any nature shall be sold to any occupant or rider of any motor vehicle or bicycle. (Code Requirement) c. Alcoholic beverages shall be served in glass containers only. The glass containers shall be permanently printed with a number identifying the establishment serving alcohol. (Code Requirement) d. Copies of the approved Conditional Use Permit, License Agreement, Maintenance Agreement, and Insurance Policy will be kept at the place of business at all times. e. All conditions of approval from Conditional Use Permit No. 95-87 and Coastal Development Permit No. 95-29 which established outdoor dining at this location shall be adhered to with the exception of Specific Code Requirement No. 4: No alcohol sales or consumption shall be permitted on public property. 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 are proposed. No changes shall occur 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. 00-18 shall not become effective until the ten calendar day appeal period has elapsed. ZA Minutes 05/24/00 7 (OOZM0524) 2. Conditional Use Permit No. 00-18 shall become null and void unless exercised within one year of the date of final approval which is June 5, 2000, 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. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 00-18, 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 fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 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. 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. THE MEETING WAS ADJOURNED AT 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MAY 31, 2000 AT 1:30 PM. M \ Beth f3toeren Zoning Administrator :rmk i ZA Minutes 05/24/00 (OOZM0524)