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HomeMy WebLinkAbout2000-11-01MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, NOVEMBER 1, 2000 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Wayne Carvalho, Amy Wolfe, Ramona Kohlmann (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: VARIANCE NO.00-19 (TOWERS REAR YARD GRADING) APPLICANT/ PROPERTY OWNER: Dr. Craig Towers, 6892 Steeplechase Circle, Huntington Beach, CA 92648 REQUEST: To exceed the maximum two (2) foot fill limitation by importing approximately 37 cubic yards of soil in order to level a portion of the rear yard. LOCATION: 6892 Steeplechase Circle (east of Saddleback Lane) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed site plans and photographs stating the purpose and location of the request. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report, and because other variances have been granted in the immediate area. Staff stated that three letters were received from surrounding property owners in support of the proposed request. Mary Beth Broeren, Zoning Administrator, confirmed with staff that drainage for adjacent properties would not be adversely affected. THE PUBLIC HEARING WAS OPENED. Terry Nelson, 6921 Derby Circle, neighboring property owner, expressed support of the proposed request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. VARIANCE NO.00-19 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 15305 of the CEQA Guidelines, because the proposed project involves a minor deviation to the City's grading standards. FINDINGS FOR APPROVAL - VARIANCE NO.00-19: The granting of Variance No. 00-19 to exceed the maximum two (2) foot fill limitation (max. 5 ft. fill) by importing approximately 37 cubic yards of soil in order to level approximately 250 sq. ft. of the rear yard will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The subject property is within a tract that received similar exceptions to grading requirements. Furthermore, there are other properties within the Ellis Goldenwest Specific Plan area that have received similar exceptions which were greater in scale. 2. Because of special circumstances applicable to the subject property, including topography, 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 property is located at the end of a cul-de-sac where the rear of the house faces a side property line. The existing sloped area would be filled -in resulting in a flat and more usable yard area which would be screened by a six foot high block wall. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The additional fill will allow for a more usable yard and patio area without impacting the adjacent residential properties or property values. 4. Variance No. 00-19 will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The additional fill will not adversely impact the adjacent residential properties. With the conditions imposed, there will be no impacts to drainage or privacy to the subject property and to adjacent properties. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Estate Residential on the subject property by providing for more usable yard areas without impacting adjacent residential properties. CONDITIONS OF APPROVAL — VARIANCE NO.00-19: 1. The site plan and cross -sections received and dated September 8, 2000 shall be the conceptually approved layout with the following modifications: a. The finished surface of the fill shall slope away from the screen wall. (PW) b. The existing 6-inch PVC pipe shall be extended westerly (approximately 40-feet) to a 12" X 12" grated inlet (where the retaining wall jogs northerly 10-feet). (PW) ZA Minutesl1/01/00 2 (OOZM1101) LI c. The existing V-ditch from the existing grated inlet shall be removed and replaced with a 6-inch PVC pipe. (PW) 2. During grading activities, 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. 3. 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 and cross -sections are proposed. 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. Variance No. 00-19 shall not become effective until the ten calendar day appeal period has elapsed. 2. Variance No. 00-19 shall become null and void unless exercised within one year of the date of final approval which is November 1, 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 Variance No. 00-19, 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 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. 5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. 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 Counto ZA Minutesl l/01/00 3 (00ZM1101) of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. ITEM 2: ENTITLEMENT PLAN AMENDMENT NO.00-10 (CHICAGO_GRILL RESTAURANT ENTERTAINMENT) APPLICANT: Michael Cho, 3991 MacArthur Blvd., Suite 350, Newport Beach, CA 92660 PROPERTY OWNER: Taki Sun, Inc., 6400 E. Pacific Coast Highway, Long Beach, CA 90803 REQUEST: To modify a condition of approval of Conditional Use Permit No. 97-73 on live entertainment in order to allow up to four (4) non -amplified musicians and a magician. LOCATION: 16450 Pacific Coast Highway (Peter's Landing) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed site plans stating the purpose and location of the request. Staff stated that the proposed request is for modification of the original application, which restricted live entertainment. Staff stated that the Police Department is in support of the proposed 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 two letter were received in favor of the proposed request. THE PUBLIC HEARING WAS OPENED. Mavene Huss, 16341 Grenoble Lane, neighboring property owner, expressed support of the proposed request. Ms. Huss requested clarification of the term non -amplified and asked how the condition for non -amplification would be enforced. Staff explained that there would be no staging area, no speakers, no microphone, no electronic amplification, and that enforcement could be sought through the City Code Enforcement Department or the City Police Department. Michael Cho, 3991 MacArthur Blvd., Suite 350, Newport Beach, the applicant, expressed support with the suggested conditions and clarified that piped -in music would not be prohibited. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, stated that in view of the reduced hours and the non - amplification of music, she was going to approve the request. ENTITLEMENT PLAN AMENDMENT NO. 00-10 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. ZA Minutes11/01/00 4 (00zM1101) 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 the project involves a minor alteration to the operation of an existing restaurant. FINDINGS FOR APPROVAL — ENTITLEMENT PLAN AMENDMENT NO. 00-10: 1. Entitlement Plan Amendment No. 00-10 for the establishment, maintenance and operation of a live entertainment use 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. Based upon the conditions imposed, the non -amplified live entertainment activities will not create a negative impact to surrounding residential uses. Furthermore, any noise associated with live entertainment will be contained within the restaurant area. 2. The entitlement plan amendment will be compatible with surrounding commercial and residential uses. The ancillary live entertainment use is compatible with the zoning designation and does not represent a significant change from the existing restaurant use. 3. The proposed entitlement plan amendment 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. Adequate on -site parking is provided and no additional parking demand is generated by the proposed use as there is no dancing proposed as part of this request. 4. The granting of the entitlement plan amendment to allow non -amplified live entertainment will not adversely affect the General Plan. It is consistent -with the Land Use Element designation of Visitor Serving Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require the inclusion of uses and elements that contribute amenities for visitors, such as public activity areas and on -site recreational facilities. (LU 10.1.7) b. Revitalize, renovate and expand the existing Huntington Beach commercial facilities while attracting new commercial uses. (ED 2.4) c. Encourage the attraction of coastal and inland and visitor serving uses to offer a wider spectrum of visitor opportunities. (ED 2.6.1) The proposed live entertainment use will compliment the existing restaurant while minimizing impacts to adjacent residential properties. CONDITIONS OF APPROVAL — ENTITLEMENT PLAN AMENDMENT NO.00-10: 1. The previously approved floor plan received and dated November 13, 1997 shall be the conceptually approved layout. ZA Minutesl1/01/00 5 (00ZM1101) 2. The live entertainment use shall comply with the following: a. Prior to commencing live entertainment activities, a copy of an approved Entertainment Permit, as issued by the Business License Department, shall be submitted to the Planning Department. b. All conditions of the Entertainment Permit as approved by the Police Department. c. No dancing shall be permitted. 3. All applicable conditions on the previously approved Conditional Use Permit No. 97-73 shall be complied with. 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 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. Entitlement Plan Amendment No. 00-10 shall not become effective until the ten calendar day appeal period has elapsed. 2. Entitlement Plan Amendment No. 00-10 shall become null and void unless exercised within one year of the date of final approval which is November 1, 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 Entitlement Plan Amendment No. 00-10, 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. 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. ZA Minutesl1/01/00 6 (00zM1101) THE MEETING WAS ADJOURNED AT 1:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, NOVEMBER 8, 2000 AT 1:30 PM. Mary eth Broeren Zoning Administrator :rmk ZA Minutesl l/O1/00 7 (OOZM1101)