HomeMy WebLinkAbout2000-06-28MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, JUNE 28, 2000 -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.00-20 (STARBUCKS, LUIGI'S AND SUNSET
GRILL) (CONTINUED FROM THE JUNE 21, 2000, MEETING)
APPLICANT:
Keith Bohr/Jeff Bergsma, 415 Townsquare Lane, #219, Huntington
Beach, CA 92648
PROPERTY OWNER:
REQUEST:
Ben Trainer, 30 Fairway Drive, San Rafael, CA 94901
To permit alcohol to be served in conjunction with existing outdoor
dining within the public right-of-way. In addition, to permit the
relocation of existing outdoor dining within the public right-of-way at
221 Main Street Suite C (Starbucks).
LOCATION:
221 Main Street, Suites A, B, and C (west side of Main Street, south of
Olive Avenue)
PROJECT PLANNER:
Sandra Thornton
Sandra Thornton, Staff Planner, displayed site plans stating the purpose, location and zoning of the
request. Staff stated that the request was continued from the June 21, 2000, Zoning Administrator
Hearing in order to determine if the establishment of the outdoor dining included participation in the
In Lieu Parking Fee Program to pay for the additional outdoor dining. Staff concluded that the fees
were paid to remove parking spaces, however, the fees did not include payment for outdoor dining
use in a particular area. Staff recommended that the outdoor dining remain, but application would
have to be made for a conditional use permit to the Planning Commission to participate in the In Lieu
Parking Fee Program. Staff stated that the applicant concurs with this recommendation.
THE PUBLIC HEARING WAS OPENED.
Keith Bohr, 415 Townsquare Lane, #219, and Jeff Bergsma, 221 Main Street, applicants, stated that
they reviewed and agree with the conditions as outlined in the staff report.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
CONDITIONAL USE PERMIT NO.00-20 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 adding alcohol to an existing restaurant's
outdoor dining area and relocating existing outdoor dining are considered minor alterations of
existing facilities.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.00-20:
1. Conditional Use Permit No. 00-20 for the establishment, maintenance and operation for of
alcohol service 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 sidewalk 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. The relocation of outdoor dining for 221 Main Street will also be
separated from adjoining sidewalks by a 36-inch high barrier which will ensure that the outdoor
dining does not expand beyond the approved area. The required 8-foot wide pedestrian
passageway will be provided. Building entryways will not be obstructed.
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. 00-20 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.
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CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-20:
1. The site plan and elevations received and dated May 24, 2000 shall be the conceptually approved
layout with the following modifications:
a. The Public Works barrier detail shall be attached to the plans.
b. The applicant shall apply for a conditional use permit to the Planning Commission within 30
days from the approval of this conditional use permit (July 28, 2000) to have outdoor dining
within the courtyard area in front of Luigi's. The request will include participation in the In
Lieu Fee program to pay for the additional outdoor dining.
c. The words "400 square feet" shall be removed from Luigi's outdoor dining area and the words
"Maximum five (5) tables and twenty (20) seats" shall be added.
d. The outdoor dining proposed for Starbucks will be removed.
2. Prior to commencement of 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
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 to the Planning
Department as specified in all current insurance resolutions within 60 days from this approval
(August 21, 2000). Such liability insurance shall be provided in a form acceptable to the City
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Attorney. The policy shall name the City of Huntington Beach as arr 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 ,iri 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 all previous conditional use permits shall be adhered to with
the exception of the conditions that prohibited alcohol service in the outdoor dining areas.
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 or elevations 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. 00-20 shall not become effective until the ten calendar day appeal
period has elapsed.
2. Conditional Use Permit No. 00-20 shall become null and void unless exercised within one year
of the date of final approval which is June 21, 2001 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. 00-20,
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.
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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.
ITEM 2: COASTAL DEVELOPMENT PERMIT NO.99-29 (MITCHELL RESIDENCE)
APPLICANT/
PROPERTY OWNER: Warren Mitchell, 16921 Bolero Lane, Huntington Beach, CA 92649
REQUEST: To remodel an existing single family dwelling and construct a 645
square foot 2nd story addition.
LOCATION: 16921 Bolero Lane (on Bolero Lane at the Terminus of Finisterre
Drive)
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 meets development regulations for the Low
Density Residential zoning district, including building height, setbacks, and site coverage.
Staff recommended approval based upon the findings and conditions as outlined in the staff report.
One telephone call was received from a neighbor wanting to know where the project would be located
in reference to the water. No other written or verbal comments were received in response to the
public notification.
THE PUBLIC HEARING WAS OPENED.
Jerry Urner, Huntington Harbour Property Owner's Association, stated that they have reviewed the
request and recommended 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, confirmed with staff that the Infill Lot Ordinance does not
apply to this project.
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COASTAL DEVELOPMENT PERMIT NO. 99 29 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 1.5301 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.99-29:
1. Coastal Development Permit No. 99-29 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 a 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. No public access or recreational opportunities exist at the site.
CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-29:
1. The site plan, floor plans, and elevations received and dated June 9, 2000 shall be the
conceptually approved layout.
2. Prior to submittal for building permits, 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 final building permit inspection and approval, the following shall be completed:
a. 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)
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b. 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:
Coastal Development Permit No. 99-29 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. 99-29 shall become null and void unless exercised within one
year of the date of final approval which is June 28, 2001, 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. 99-29,
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. State -mandated school impact fees shall be paid prior to issuance of building permits.
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ITEM 3• CONDITIONAL USE PERMIT NO.00-14 (DENNIS RESIDENCE)
APPLICANT/
PROPERTY OWNER: Louis Dennis, 1009 131h Street, Huntington Beach, CA 92648
REQUEST: To permit a 405 square foot bedroom addition at the existing non-
conforming side yard setback of 4 feet in lieu of 5 feet. In addition, to
permit a 105 square foot garage addition at the existing non -conforming
side yard setback of 3 feet in lieu of 5 feet.
LOCATION: 1009 13`h Street (north side of 13`h between Park Street and Pine Street)
PROJECT PLANNER: Sandra Thornton
Sandra Thornton, Staff Planner, displayed site plans and photographs stating the purpose, location
and zoning of the request. Staff recommended approval of the request as the project complies with
the zoning ordinance (with the exception of the non -conforming side yard setback), and based upon
the findings and conditions as outlined in the staff report. Staff recommended that Finding No. 4 be
modified to reflect that the Land Use Element designation is Residential Medium High Density. No
written or verbal comments were received in response to the public notification.
Mary Beth Broeren, Zoning Administrator, confirmed with staff that an offer of dedication was not
required by the Public Works Department.
THE PUBLIC HEARING WAS OPENED.
Louis Dennis, 1009 13"' Street, property owner, asked staff to clarify the Residential Medium High
Density designation.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
CONDITIONAL USE PERMIT NO.00-14 WAS APPROVED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING MODIFIED 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 addition will not increase the floor
area by more than 50 percent or 2,500 square feet.
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FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.00-14:
1. Conditional Use Permit No. 00-14 for the establishment, maintenance and operation of the 405
square foot bedroom addition at the existing non -conforming side yard setback of 4 feet in lieu of
5 feet and the 105 square foot garage addition at the existing non -conforming side yard setback of
3 feet in lieu of 5 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 garage addition will be setback in an additional 1.5 feet from the existing 1.5
foot setback, which will result in a non -conforming setback of three (3) feet to ensure that the
proposed garage addition is not within the ultimate right of way as is the current garage.
Although a minimum five foot side setback would be required for new construction the home is
already constructed at a non -conforming setback and does not adversely impact the adjacent
neighbor. In addition, the new construction will be finished to match the architectural style,
color, and materials of the existing structure and will not decrease the value of improvements in
the area.
2. The conditional use permit will be compatible with surrounding uses because the project consists
of additions to a single family dwelling located within a neighborhood with single family
dwellings. The new construction will be architecturally compatible with the existing dwelling
and the new bedroom addition contains only bathroom windows, which will face the adjacent
property to the west. The bathroom windows will be opaque so as to protect privacy.
3. The proposed Conditional Use Permit No. 00-14 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 encroachment into the side yard setback, which is the
subject of this conditional use permit request.
4. The granting of the conditional use permit will not adversely affect the General Plan. Although
the existing use is inconsistent with the Land Use Element designation of Residential Medium
High Density on the subject property the General Plan allows for the continued operation of legal
uses and structures that exist at the time of the adoption of the General Plan and become non-
conforming due to use, density, and/or development requirements as written in Policy LU 7.1.3.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-14:
1. The site plan, floor plans, and elevations received and dated June 1, 2000 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.
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b. A note will be added on the plans to indicate that the new master bathroom windows will be
opaque.
c. All Fire Department requirements shall be noted on the building plans. (FD)
3. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough
to prevent dust raised when leaving the site:
b. Wet down areas in the late morning and after work is completed for the day;
c. Use low sulfur fuel (.05%) by weight for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage
smog alerts);
e. Discontinue construction during second stage smog alerts.
f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and
phone number of a field supervisor to contact for information regarding the development and
any construction/grading activity.
4. Prior to final building permit inspection and approval, the following shall be completed:
a. The project shall comply with all provisions of the Huntington Beach Fire Code and City
Specification 422, Well Abandonment. Locate abandoned well, J.P. Oil Company, Well 2,
#22-620. (FD)
b. The project shall comply with all provisions of the Huntington Beach Municipal Code Section
17.04.085 and City Specification 429, Methane District Building Permit Requirements. (FD)
c. Address numbers will be installed to comply with City Specification No. 428. The size of
the numbers will be a minimum of six (6) inches with a brush stroke of one and one-half (1-
1/2) inches. (FD)
d. 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
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.
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INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 00-14 shall not become effective until the ten calendar day appeal
period has elapsed.
2. Conditional Use Permit No. 00-14 shall become null and void unless exercised within one year
of the date of final approval which is June 28, 2001 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. 00-14,
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 1:00 AM to 1:00 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.
9. An encroachment permit shall be required for all work within the right-of-way. (PW)
THE MEETING WAS ADJOURNED AT 1:40 PM BY THE ZONING ADMINISTRATOR TO
THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR
ON WEDNESDAY, JULY 5, 2000 AT 1:30 PM.
Mary Beth Broeren
Zoning Administrator
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