HomeMy WebLinkAbout2000-10-04MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, OCTOBER 4, 2000 -1:30 P.M.
ZONING ADMINISTRATOR: Scott Hess, Acting
STAFF MEMBER: Ron Santos, Jane James, Amy Wolfe, Ricky Ramos, Ramona
Kohlmann (recording secretary)
MINUTES: None
ORAL COMMUNICATION: None
Item 2 was moved to the front of the Agenda. Please note the Minutes will reflect actions taken in
their original order.
ITEM 1: CONDITIONAL USE PERMIT NO. 00-41 (LIENAU FENCE)
APPLICANT: William Kakimoto, 16782 Baruna Lane, Huntington Beach, CA 92649
PROPERTY OWNER: Robert Lienau, 16642 Coral Cay Lane, Huntington Beach, CA 92649
REQUEST: To construct a five foot -six inch high fence and seven foot -four inch
high gate within the required front yard setback (10 feet in lieu of 15
feet).
LOCATION: 16642 Coral Cay Lane (Huntington Harbor)
PROJECT PLANNER: Ron Santos
Ron Santos, Staff Planner, displayed project plans and photographs. Staff stated the purpose, location
and zoning of the request. The requested setback of 10 feet will be compatible with surrounding uses
and will be consistent with the character of the neighborhood.
Staff recommended approval of the request based upon the findings and subject to the conditions as
outlined in the staff report and because the Zoning and Subdivision Ordinance allows for such
deviations with approval of a Conditional Use Permit. No written or verbal comments were received
in response to the public notification.
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.00-41 WAS APPROVED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF
APPROVAL. HE 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 15303 of the CEQA Guidelines. The project consists of the installation of a new, small
accessory structure. CEQA Guidelines recognize such projects as typically having no significant effect
on the environment, and accordingly as "categorically exempt".
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.00-41:
1. Conditional Use Permit No. 00-41 for the establishment and maintenance of a five-foot six-inch
tall freestanding fence and a 7 foot — 4 inch tall gate, at a front yard setback of 10 feet, in lieu of
the required 15 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 proposed fence is complementary to the design of the existing dwelling and consistent with
the character of the neighborhood. 'The fence will improve the value of the subject property by
providing privacy appropriate for enjoyment of koi ponds to be constructed inside the fence.
2. The conditional use permit for the establishment and maintenance of a five-foot six-inch tall
freestanding fence and 7-foot 4-inch tall gate, at a front yard setback of 10 feet, in lieu of the
required 15 feet, will be compatible with surrounding uses. The project is proposed in a
neighborhood with many occurrences of attached side entry garages setback ten feet from the front
property line. These structures, along with numerous others observing 15 and 20 foot setbacks,
serve to establish a pattern of variable setbacks within a neighborhood where 10 feet is not
atypical. Building materials used for the proposed fence, including river rock, brick and wood
siding, match those featured on the dwellings existing on the subject property and on the adjoining
property respectively.
3. The proposed Conditional Use Permit No. 00-41 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 Huntington Beach Zoning and Subdivision Ordinance authorizes
deviations from the maximum height requirements for walls and fences with 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 Residential Low Density on the subject
property. In addition, it is consistent with the following goals and policies of the General Plan:
a. LU 9.2.1: Require that new development within existing residential neighborhoods be
compatible with existing structures, including:
- Maintenance of the predominant or median existing front yard setbacks and;
-- Use of complimentary building materials, colors, and forms, while allowing flexibility for
unique design solutions.
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b. UD 1.3.5: Require that privately developed walls make a positive visual contribution to the
public streetscape including provisions for plant material enhancements such as vine pockets or
® decorative plantings, and design features such as sculptured or textured masonry units.
The proposed wall will be constructed at a front yard setback matching that existing on several
parcels in the neighborhood. Proposed building materials are featured on dwellings existing
respectively on the subject property and the adjoining property. Approved plans call for
landscaping between the proposed wall and the public right-of-way, including one 36-inch box
tree, two 15 gallon palms, shrubs and turf.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-41:
1. The site plan and elevations received and dated September 7, 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 working drawing sets used for issuance of building permits.
3. Prior to issuance of building permits, a Landscape Construction Set consistent with plans approved
by the Zoning Administrator shall be submitted to the Department of Public Works and approved
by the Departments of Public Works and Planning. The Landscape Construction Set shall identify
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.
4. Prior to final of building permits, the following shall occur:
a. Compliance with all conditions of approval specified herein shall be accomplished and verified
by the Planning Department.
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.
c. All improvements shall be completed, including installation of required landscaping and
irrigation.
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 and/or elevations 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. 00-41 shall not become effective until the ten calendar day appeal
period has elapsed.
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2. Conditional Use Permit No. 00-41 shall become null and void unless exercised within one year of
the date of final approval which is October 4, 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. 00-41,
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 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.00-44 (TORTILLA BEACH FINE TEX-MEX) 0
APPLICANT:
Nancy Patterson, Urban Solutions, 1049 Camino del Mar, Suite 11,
Del Mar, CA 92014
PROPERTY OWNER:
Jim Yoder, Seacliff Village LLC (c/o Shea Properties), 26840 Laguna
Hills Drive, Aliso Viejo, CA 92656
REQUEST:
To permit construction of a new 6,265 square foot restaurant with
alcohol sales and outdoor dining on Pad J of the Seacliff Village
Shopping Center.
LOCATION:
19240 Goldenwest Street (Seacliff Village Shopping Center)
PROJECT PLANNER:
Jane James
Jane James, Staff Planner, displayed project plans, photographs and elevations stating the purpose,
location, and zoning of the request. Staff stated that the Police Department recommended the addition
of conditions restricting amplified table announcements, service on the outdoor dining patio to be
provided by waiter/waitress service only, and gates in the outdoor dining patio area shall be for
emergency exit only. The Design Review Board approved an amendment to the roof color.
Staff recommended approval of the request based upon the findings and subject to the conditions as
outlined in the staff report. The project will be consistent with the Holly Seacliff Specific Plan and
General Plan Land Use Element designation of Mixed Use Horizontal. In addition, it is consistent
with the goals and policies of the General Plan. 0
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One letter was received from Lou Mannone, President of the Huntington Seacliff Homeowner's
® Association, expressing concerns regarding visual and noise intrusion from the shopping center and
noise from outdoor dining. No other written or verbal comments were received in response to the
public notification.
THE PUBLIC HEARING WAS OPENED.
Nancy Patterson, 1049 Camino Del Mar, Ste 11, Del Mar, the applicant, stated that she was available
to answer any questions. Ms. Patterson thanked staff for a job well done, stated that she read and
concurs with the conditions and concurred with the conditions recommended by the Police
Department.
John Roe, neighboring property owner, requested clarification of the grade differential at Goldenwest
Street, and asked if any signage lighting would be on after the hours of operation.
Lewis Jackson, 740 Lomas Santa Fe Dr., Suite 210, Solana Beach, representing the property owner,
stated that the exterior lights would be on for security purposes and that the signage lighting is on a
timer,
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Mr. Hess and staff discussed the landscape requirements along Goldenwest Street, as well as the grade
® differential and parking. Mr. Hess asked staff to change the conditions as follows:
Add new Condition No. Le:
The site plan shall be revised so that a minimum 15 foot wide landscape planter is provided along
Goldenwest from back of sidewalk and following the radius curve at the northwest corner of the
parking lot.
Revise Condition No. 6.c:
All lighting, including wall signs, shall be dimmed during hours of non -operation.
Add new conditions to no. 7 as recommended by the Police Department to restrict amplified table
announcements, service on the outdoor dining patio to be provided by waiter/waitress service only,
and gates in the outdoor dining patio area shall be for emergency exit only.
CONDITIONAL USE PERMIT NO.00-44 WAS APPROVED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS
OF APPROVAL. HE 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) because the
development was analyzed and approved under the Holly Seacliff Specific Plan EIR No. 89-1.
ZA Minutes—10/04/00 5 (OOZM1004)
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMITNO.
1. Conditional Use Permit No. 00.44 for the establishment, maintenance and operation of a new
6,265 square foot restaurant with alcohol sales and outdoor dining on Pad J of Seacliff Village 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. Pad J is part of
the master plan for the shopping center, which has been previously approved by permit. The
proposed building and outdoor dining is consistent with the Master Site Plan. The restaurant is
adequately separated from single family residential uses located west of the site across Goldenwest
Street and future single family residences to be located north of the site across the entry to the
center (Summit Drive). In addition, the building has been designed so that the trash enclosure and
truck delivery docks are located on the east side of the building and enclosed by a solid wall to
prevent impacts to residential.
2. The conditional use permit will be compatible with surrounding uses because the restaurant and
outdoor dining will be incorporated into part of a larger shopping center, which previously existed
on the site. The building elevations, colors, and materials will be consistent with the design
guidelines previously approved for the shopping center except for an amendment to the roof color
(brick red), which has been approved by the Design Review Board.
3. The proposed Conditional Use Permit No. 00-44 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 project has adequate percentage of landscaping and meets or
exceeds all other minimum development standards such as setbacks, building height, and parking.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Holly Seacliff Specific Plan and Land Use Element designation of Mixed Use
Horizontal on the subject property. In addition, it is consistent with the following goals and
policies of the General Plan:
a. ED 2.4 Revitalize, renovate and expand the existing Huntington Beach commercial facilities
while attracting new commercial uses.
b. LU 10.1.4 — Require that commercial buildings and sites be designed to achieve a high level of
architectural and site layout quality.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-44:
1. The site plan, floor plans, and elevations received and dated September 5, 2000 shall be the
conceptually approved layout with the following modifications:
a. Patterned concrete hardscape shall consist of at least one accent color (# 11 A, 1113, 11 C, or
11D) from the Seacliff Village Shopping Center Design Guidelines. Revise the site plan to
indicate the location, color, and material choice for patterned concrete hardscape.
b. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. (Code Requirement)
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c. 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)
d. 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)
e. The site plan shall be revised so that a minimum 15 foot wide landscape planter is provided
along Goldenwest from back of sidewalk and following the radius curve at the northwest
corner of the parking lot (at Goldenwest and private entry drive/Summit). This revision may
result in the loss of one parking stall and amendment to the required turn -around area at the
north end of the parking area.
2. Prior to submittal for building permits, the following shall be completed:
® a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the
working drawing sets used for issuance of building permits (architectural, structural, electrical,
mechanical and plumbing).
b. All Fire Department requirements shall be noted on the building plans. (FD).
3. Prior to issuance of grading permits, the following shall be completed:
a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department
of Public Works for review and approval. An erosion control plan shall be submitted to the
Department of Public Works if grading takes place between October 151h and April 15`h (PW)
b. A detailed soils analysis shall be prepared by a Registered Engineer. This analysis shall include
on -site soil sampling and laboratory testing of materials to provide detailed recommendations
for grading, landscaping, liquefaction, ground water, chemical and fill properties, retaining
walls, streets, and utilities. (PW - Code Requirement)
c. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer. (PW)
d. The name and phone number of a field supervisor hired by the developer who is on -site shall be
submitted to the Departments of Planning and Public Works. In addition, clearly visible signs
® shall be posted on the perimeter of the site every 250 feet 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
ZA Minutes—10/04/00 7 (OOZM1004)
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. Signs shall include the number of the applicant's contact, City w
contact (Jack Miller 714-536-5517) regarding grading and construction activities, and 111-800-
CUTSMOG" if there are concerns regarding fugitive dust and compliance with AQMD Rule
No. 403.
e. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of
the property of a tentative grading schedule at least 30 days prior to such grading.
f The developer shall coordinate with the Department of Public Works, in developing a truck
haul route and construction routing plan. This plan shall include the approximate number of
truck trips and the proposed truck haul routes. It shall specify the hours in which transport
activities can occur and methods to mitigate construction related impacts to adjacent
residences. These plans must be submitted for approval to the Department of Public Works.
g. The applicants' grading/erosion control plan shall abide by the provisions of AQMD's Rule
403 as related to fugitive dust control.
4. During grading the following shall be adhered to:
a. Water trucks will be utilized on the site and shall be available to be used throughout the day
during site grading to keep the soils damp enough to prevent dust raised by the operations.
b. All haul trucks shall arrive at the site no earlier than 8:00 AM or leave the site no later than is
5:00 PM, and shall be limited to Monday through Friday only.
c. Wet down areas to be or that are being graded in the late morning and after work is completed
for the day
d. The construction disturbance area shall be kept as small as possible.
e. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving
the site to prevent dust from impacting the surrounding areas.
f. Prior to leaving the site, all haul trucks shall be washed off on -site on a gravel surface to
prevent dirt and dust from leaving the site and impacting public streets.
g. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust
and noise to surrounding areas.
h. Wind barriers shall be installed along the perimeter of the site.
5. Prior to issuance of building permits, the following shall be completed:
a. A landscape construction set shall be submitted for review and approval to the Department of •
Public Works. All landscaping planting, irrigation and maintenance shall comply with the City
Arboricultural and Landscape Standards and Specifications, (PW)
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b. The applicant shall provide City with microfilm copies (in City format) and CD (AutoCad only)
copy of complete City approved landscape construction drawings as stamped "Permanent File
Copy" prior to starting landscape work. Copies shall be given to the City Landscape Architect
for permanent City record. (PW)
c. Provide Building Code Analysis on the plans (Title Sheet) to show compliance with Uniform
Building Code, 1997 edition for occupancy requirements (Chapter 3), allowable area (Chapter
5), and exiting (Chapter 10). (BD)
d. Structural calculations shall be prepared to comply with the Uniform Building Code, 1997
edition. (BD)
e. This facility needs to provide bathrooms for each sex when classified as an assembly use or
retail use. (BD)
f. All areas shall be made accessible to persons with disabilities as required. (BD)
6. Prior to final building permit inspection or Certificate of Occupancy, the following shall be
completed:
a. The applicant shall restripe the parking lot so that it conforms to provisions of Chapter 231 of
the Huntington Beach Zoning & Subdivision Ordinance.
® b. The applicant shall obtain any necessary permits from the South Coast Air Quality
Management District and submit a copy to Planning Department.
c. Outdoor lighting shall utilize energy -saving lamps. All outside lighting shall be directed to
prevent "spill -over" onto adjacent properties and shall be shown on the site plan and
elevations. All lighting, including wall signs, shall be dimmed during hours of non -operation.
d. The proposed building shall have a new, separate domestic/irrigation water meter and service
sized to meet the minimum requirements set by the Uniform Plumbing Code. Minimum service
lateral size shall be two (2) inches. Meter shall be a touch read type. (PW)
e. Separate backflow protection shall be installed per the City of Huntington Beach Water
Division Standards for domestic, irrigation and fire water services. (PW)
f. If fire sprinklers are required to the proposed building, it shall have a separate fire service with
appropriate backflow protection device. (PW)
g. All public water facilities and appurtenances shall be located within the public right-of-way or
within easements approved by and dedicated to the City of Huntington Beach. (PW)
h. All improvements to the property shall be completed in accordance with the approved plans
® and conditions of approval specified herein, including:
1) Installation of required landscaping and irrigation systems;
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2) 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)
3) All new and existing overhead utilities shall be installed underground in accordance with
the City's Underground Utility Ordinance. (PW)
4) Fire extinguishers will be installed and located in areas to comply with Huntington Beach
Fire Code Standards. (FD)
5) A fire alarm system will be installed to comply with Huntington Beach Fire Department and
Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the
Fire Department prior to installation. The system will provide the following:
a) manual pulls;
b) water flow, valve tamper and trouble detection;
c) smoke detectors
d) audible alarms; and
e) 24 hour supervision. (FD)
6) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD)
7) 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)
8) 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. Low level exit signs
will be included. (FD)
9) Fire hydrants must be installed before combustible construction begins. Prior to
installation, shop drawings shall be submitted to the Public Works Department and
approved by the Fire Department. (FD)
10) An automatic fire sprinkler system shall be approved and installed pursuant to Fire
Department regulations. Shop drawings shall be submitted and approved by the Fire
Department prior to installation. (FD)
11) The project shall comply with all provisions of the HBMC Section 17.04.085 and City
Specification 429; Methane District Building Permit Requirements. (PW)
i. Compliance with all conditions of approval specified herein shall be accomplished and verified
by the Planning Department. In addition, the applicant shall comply with all applicable
conditions of approval for the overall shopping center. 0
J
All building spoils, oils, 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.
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® k. The trash enclosure area shall be posted "No Parking".
7. The use shall comply with the following:
a. 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.
b. Prior to the sale of alcoholic beverages, all servers employed in serving alcoholic beverages
shall undergo Licensee Education on Alcohol and Drugs (LEAD) training by the Department
of Alcoholic Beverage Control. The business owner shall submit proof to that effect to the
Police Department prior to the initial establishment of alcohol service and on a quarterly basis
for new employees hired within the previous three months. (PD)
c. No amplified table announcements shall be permitted within the outdoor dining patio area.
Low volume recorded background music is acceptable within the outdoor dining patio
provided it is not audible beyond 100 feet from the outdoor dining patio area. (PD)
d. Alcohol service on the outdoor dining patio shall be provided by waiter/waitress service only.
Alcoholic beverages shall not be carried out from the bar to the outdoor dining patio by
patrons of the restaurant. (PD)
e. Gates provided in the outdoor dining patio area shall be for emergency exit only. Entry to the
outdoor dining patio shall be from the interior of the restaurant only. (PD)
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. 00-44 shall not become effective until the ten calendar day appeal
period has elapsed.
2. Conditional Use Permit No. 00-44 shall become null and void unless exercised within one year of
the date of final approval which is October 4, 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. 00-44,
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.
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4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to
the issuance of Building Permits. is
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 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 Planned Sign Program No. 98-5, which was approved for the Seacliff
Village Shopping Center and the HBZSO. Prior to installing any new signs, or changing sign
faces, a building permit shall be obtained from the Planning Department.
9. 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.
10. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of
Occupancy. (PW)
11. State -mandated school impact fees shall be paid prior to issuance of building permits.
12. An encroachment permit shall be required for all work within the right-of-way. (PW)
13. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety
Department prior to occupying the building.
14. Live entertainment is not permitted unless a conditional use permit for this specific use is
reviewed and approved.
0
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ITEM 3: CONDITIONAL USE PERMIT NO.97-42NARIANCE NO.97-10 (WALGREENS
PHARMACY) — COMPLIANCE DETERMINATION WITH CONDITIONS OF APPROVAL
APPLICANT: Evergreen Devco Inc., Attention: Allison Pohlman, 1300 E. Missouri,
Suite A-220, Phoenix, AZ 85016
PROPERTY OWNER: Walgreen Co., c/o Harbor Crest Construction Co., Attention: Robert
M. Silverman, 200 Wilmot Road, Deerfield, IL 60015-4620
REQUEST: To review project compliance with previously approved conditions of
approval for the establishment of a drive -through Walgreens Pharmacy.
LOCATION: 9500 Garfield Avenue (southeast corner of Garfield Avenue and
Bushard Street)
PROJECT PLANNER: Amy Wolfe
Amy Wolfe, Staff Planner, displayed project plans, stating the purpose, location and zoning of the
request. Staff stated that review of the project is result of previously imposed conditions of approval
for a six-month review of project compliance. In addition, the plans were re-routed to the Building,
Public Works, Fire, and Police departments, all of whom concur that the project is in compliance with
Conditional Use Permit No. 97-42 and Variance No. 97-10 conditions of approval, applicable chapters
of the Huntington Beach Zoning and Subdivision Ordinance and the Municipal Code.
Based upon the foregoing, staff recommended no modifications to the previous conditions. One
inquiry was received as to whether or not any modifications were going to be proposed. No other
written or verbal comments were received in response to the public notification. No Code
Enforcement complaints have been received concerning the subject site.
Scott Hess, Acting Zoning Administrator, reviewed the conditions with staff.
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.97-42NARIANCE NO.97-10 WERE DEEMED TO BE
IN COMPLIANCE AND WERE ACCEPTED BY THE ZONING ADMINISTRATOR.
THE MEETING WAS ADJOURNED AT 2:05 PM BY THE ZONING ADMINISTRATOR TO
THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR
ON WEDNESDAY, OCTOBER 11, 2000 AT 1:30 PM.
A- AV
Scott Hess, Acting
Zoning Administrator
ZA Minutes—10/04/00 13 (OOZM1004)