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HomeMy WebLinkAbout2000-09-27 (7)MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, SEPTEMBER 27, 2000 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Amy Wolfe, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: VARIANCE NO.00-15 (BRAUN/DREIER SETBACK VARIANCE APPLICANT: Harry Monk, 303 Cleveland Drive, Huntington Beach, CA 92648 PROPERTY OWNER: John Braun and Susan Dreier, 707 Eleventh Street, Huntington Beach, CA 92648 REQUEST: To allow an attached covered porch to encroach 5 feet into the required 15 foot front yard setback. LOCATION: 707 Eleventh Street (between Palm Avenue and Crest Avenue) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, stated that the applicant has requested that this item be continued to a date uncertain in order to resolve design concerns. Mary Beth Broeren, Zoning Administrator, stated that the request would be continued; however, the item will have to be re -noticed to the surrounding property owners. VARIANCE NO.00-15 WAS CONTINUED TO A DATE UNCERTAIN. ITEM 2: CONDITIONAL USE PERMIT NO. 00-42NARIANCE NO. 00-13 (TOGO'SBASKIN & ROBBINS/RUBIO' S) APPLICANT: Howard Spunt, 6409 Independence Avenue, Woodland Hills, CA 91367 PROPERTY OWNER: Donald Maltzman, 9777 Wilshire Blvd., Ste 606, Beverly Hills, CA 90212 REQUEST: To establish two restaurants with outdoor dining — Togo's/Baskin & Robbins and Rubio's Baja Grill, within an existing 4050 square foot freestanding building; 2) to permit the sale of alcoholic beverages in conjunction with the Rubio's Baja Grill eating and drinking establishment; and 3) to approve a variance to permit a 5.6 percent reduction to required parking (472 parking spaces in lieu of 500 parking spaces) for the Good Guys/Marshalls/Strouds retail center. LOCATION: 16672 Beach Boulevard (eastside of Beach Boulevard, approximately 495 feet north of Terry Drive — existing Sherwin Williams building, 16622 Beach Boulevard) PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed site plans and photographs stating the purpose, location and zoning of the request. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Staff stated that the project complies with code and current zoning and ordinance standards with the exception of the variance concurrently requested. THE PUBLIC HEARING WAS OPENED. Brad Sublett, 13000 Old Bolsa Chica Road, Westminster, representing the adjacent property owner located at the northeast corner of the subject site, expressed concerns regarding parking and impact on the future sale of property. Staff explained that parking for this parcel is evaluated independently. Howard Spunt, 6409 Independence Avenue, Woodland Hills, the applicant, concurred with stars suggested conditions of 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, asked staff to change the conditions as follows: Condition No. 3.a to state that, "A Landscape Construction Set must be submitted to the Department of Public Works." Condition No. 6.a to state that, "A Landscape Construction Set must be approved by the Public Works Department and Planning Department." Delete Condition No. 6.k. ZA Minutes 09/27/00 2 (OOZM0927) CONDITIONAL USE PERMIT NO.00-42NARIANCE NO.00-13 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS. 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 proposed establishment and operation of two restaurants within an existing structure will result in negligible expansion of the use beyond that previously existing and minor alteration of the structure. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.00-42: 1. Conditional Use Permit No. 00-42 for: 1) the establishment, and operation of the two restaurants with outdoor dining (Togo's/Baskin Robbins and Rubio's Baja Grill); and 2) the sale of -alcohol in conjunction with the "Rubio's Baja Grill" eating and drinking facility 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 restaurants will occupy an existing freestanding building along Beach Boulevard, within the Marshall's/Good Guys retail center and will be located approximately 104 ft. from residential zoned properties. 2. The conditional use permit will be compatible with surrounding uses because the proposed restaurants and sale of alcohol request is consistent with the character of the established commercial center where they will be located except of a parking variance (Variance No. 00-13) which was concurrently approved. Adjacent residential uses will be buffered by adequate setbacks. The sale of alcohol will be in conjunction with food sales. 3. The proposed Conditional Use Permit No. 00-42 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 proposed restaurant and sale of alcohol are 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 General Commercial 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) ZA Minutes 09/27/00 3 - (OOZM0927) FINDINGS FOR APPROVAL - VARIANCE NO.00-13: 1. The granting of Variance No. 00-13 for a 5.6 percent reduction of the required parking spaces, (472 parking spaces in lieu of 500 parking spaces), for the Marshall's/ Good Guys retail center will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under identical zone classification. The applicant has provided a parking study that has concluded that based on demand characteristics observed during parking utilization surveys, the existing parking supply will adequately accommodate the changes in demand generated by the conversion of the existing building (Sherwin Williams Paints) to "Rubio's Baja Grill" and "Togo's/ Baskin Robbins". Other businesses in the same zoning classification have been allowed reductions in parking based on findings of parking studies prepared by professional engineers. 2. Because of special circumstances applicable to the subject property, including location and surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The applicant has provided a parking study that has determined that the existing parking lot can support the parking demand for the proposed restaurants. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The granting of the variance will allow the establishment and operation of uses which will enhance the viability of the existing retail center. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The granting of the variance will foster use of an existing underutilized parking area. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of General Commercial on the subject property because it is associated with the establishment of eating and drinking establishments within an area designated for commercial uses. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-42/VARIANCE NO.00-13: 1. The site plan, floor plans, and elevations received and dated August 4, 2000 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) ZA Minutes 09/27/00 4 - (OOZM0927) b. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) c. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. d. If outdoor lighting is included, 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. e. The proposed trash enclosure shall be relocated within the parking island landscaping area immediately north of the proposed restaurant building. The design of the trash enclosure shall be compatible with the colors and materials of the retail center. f. Additional trees shall be provided within the subject parcel's street frontage area. The number and type of trees shall be subject to review and approval by the City Landscape Architect. (DRB) g. If the cost of the estimated building improvements equals or exceeds 50 percent of the value of the existing building, as determined by the Building Department, the subject structure shall be flood -proofed. (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 Fire Department requirements shall be noted on the building plans. (FD) 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. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant ZA Minutes 09/27/00 5 - (OOZM0927) materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36-inch box trees and shall be incorporated into the project's landscape plan. (Code Requirement) b. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and specifications. (PW) An interim parking and/or building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. d. 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. e. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos survey shall be completed. f. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. g. The City of Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the Notification procedures have been completed. 4. Prior to site development, and/or construction the following shall be completed: a. The name and phone number of a field supervisor who is on -site shall be submitted to the Planning Department and Public Works Department. In addition, clearly visible signs shall be posted on the perimeter of the site indicating whom to contact for information regarding this development and any construction/ grading activity. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/she will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc.; b. All asbestos shall be removed from the building prior to demolition of any portion of the building. ZA Minutes 09/27/00 6 - (OOZM0927) c. A truck hauling and routing plan for all trucks involved in asbestos removal shall be submitted to the Department of Public Works and approved by the Director of Public Works. 5. During site development, and/or construction, the following shall be adhered to: 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. 6. Prior to final building permit inspection and approval the following shall be completed: a. A Landscape Construction Set must be approved by the Public Works Department and Planning Department. b. Installation of required landscaping and irrigation systems. (PW) c. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape architect of record in written form to the City Landscape Architect prior to final landscape inspection and approval. (PW) d. Applicant shall provide City with Microfilm copies (in City format) and CD (AutoCAD) copy of the complete City approved landscape construction drawings as stamped "Permanent File Copy" prior to starting of landscape work. Copies hall be given to the City Landscape Architect for permanent City record. (PW) e. Irrigation water may be provided from the existing 1-inch water meter and service if it is of adequate size, conforms to current standards and is in working condition as determined by the Water Division, or from either one of the new domestic services serving the proposed restaurants. If the developer elects to utilize the existing service, then a backflow protection device shall be installed per the City of Huntington Beach Water Division Standards. An appropriate agreement between the business owners shall be established to address such issues as maintenance and billing for the applicable water service. (PW) f. The existing service shall be abandoned per Water Division standards, if it is not used for irrigation purposes. (PW) ZA Minutes 09/27/00 7 - (OOZM0927) g. A new, separate domestic water meter, service and backflow prevention device shall be installed to each proposed restaurant, (if the developer desires separate services) sized to meet the minimum requirements set by the Uniform Plumbing Code and the Uniform Fire Code, if applicable. The service laterals shall be a minimum of 2-inches in size. Meter shall be touch - read type. (PW) h. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) i. Fire lanes will be designated and posted to comply with Fire Department City Specification No. 415. (FD) j. Address numbers will be installed to comply with Fire Department 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) k. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) 1. Fire access roads shall be provided in compliance with City Specification 401. Include the Circulation Plan and dimensions of all access roads. (FD) m. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. n. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. o. 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. 7. The use shall comply with the following: a. Hours of restaurant operation and sale of alcohol for "Rubio's Baja Grill" shall be limited to 11AM- 1 OPM. b. Hours of restaurant operation for "Togo's/ Baskin Robbins" shall be limited to 10AM-10PM. c. Prior to the sale of alcoholic beverages, 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. d. Only the uses described in the narrative shall be permitted. ZA Minutes 09/27/00 8 - (OOZM0927) 8. 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. 00-42Nariance No. 00-13 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-42Nariance No. 00-13 shall become null and void unless exercised within one year of the date of final approval which is September 26, 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- 42Nariance No. 00-13, 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 $43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the Co!Lqty 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. ZA Minutes 09/27/00 9 - (OOZM0927) 10. A Public Works Encroachment Permit shall be required for all work in public right-of-way. (PW) 11. A Caltrans Encroachment Permit shall be required for all work within State right-of-way. (PW) 12. Traffic Impact Fees shall be paid. (PW) 13. All Public Works fees shall be paid. (PW) 14. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. THE MEETING WAS ADJOURNED AT 1:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, OCTOBER 4, 2000 AT 1:30 PM. Mary Beth Broeren Zoning Administrator 751!q n ZA Minutes 09/27/00 10 (OOZM0927)