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HomeMy WebLinkAbout2001-03-14.7 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MARCH 14, 2001- 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Paul Da Veiga, Amy Wolfe, Ramona Kohlmann (recording secretary) MINUTES: September 13, 2000 February 28, 2001 Minutes were approved ORAL COMMUNICATION: None ITEM 1• CONDITIONAL USE PERMIT NO.01-02 (CONTINUED FROM THE MARCH 7, 2001 MEETING WITH THE PUBLIC HE, OPEN) (REUTER FENCE) APPLICANT/ PROPERTY OWNER: Steve and Jenny Reuter, 311 Huntington Street, Huntington Beach, CA 92648 REQUEST: To permit a 4 ft. 7 in. wall atop a 1 ft. 5 in. retaining wall within the front yard setback area. LOCATION: 311 Huntington Street (east side of Huntington Street between Chicago Avenue and Detroit Avenue) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, stated that Findings of Approval for this request could not be met. Staff stated that the applicant has submitted a letter requesting a Withdrawal of the request. AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS NOT OPENED. THE ZONING ADMINISTRATOR ACCEPTED THE APPLICANT'S REQUEST TO WITHDRAW CONDITIONAL USE PERMIT NO. 01-02. ITEM 2• ENTITLEMENT PLAN AMENDMENT NO. 00-16 (CONTINUED FROM THE FEBRUARY 28, 2001 MEETING WITH THE PUBLIC HEARING OPEN) (WIRELESS 18 COMMUNICATION FACILITY APPLICANT: TACIT Communications, 3001 Redhill Avenue, Building 5, Suite 222, Costa Mesa, CA 92626 PROPERTY OWNER: Sparks Enterprises, P.O. Box 1477, Huntington Beach, CA 92647 REQUEST: An Entitlement Plan Amendment to relocate a previously approved monopalm to the westerly portion of the subject property fronting along Springdale Street, and to increase the height of the monopalm from 50 feet to 55 feet. LOCATION: 6034 Warner Avenue (southeast corner of Warner Avenue and Springdale Street) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, Staff Planner, stated that the applicant has requested a Continuance to the April 11, 2001 meeting in order to allow further time to complete the project plans. Staff stated that they concur. AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS NOT OPENED. ENTITLEMENT PLAN AMENDMENT NO. 00-16 WAS CONTINUED TO THE APRIL 11, 2001 MEETING WITH THE PUBLIC HEARING OPEN AT THE APPLICANT'S REQUEST. • ITEM 3• CONDITIONAL USE PERMIT NO 01-06 (ALCOHOL SALES IN CONJUNCTION WITH EXISTING OUTDOOR DINING) APPLICANT: Moe Ghazi, 211 Main Street, Huntington Beach, CA 92651 PROPERTY OWNER: Richard Harlow, 211 Main Street, Huntington Beach, CA 92651 REQUEST: To permit alcohol sales, in conjunction with an existing restaurant use, within an established and permitted outdoor dining area. LOCATION: 211 Main Street (west side of Main Street, approximately 125 ft. north of Walnut Street) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff stated that the applicant will be required to provide a revised site plan indicating an 8' wide sidewalk between the two outdoor dining areas. Concerns received from the Police Department will be met with the conditions in the License Agreement. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. No written or verbal comments were received in response to the public notification. • ZA Mi.nutes 03/14/01 2 (01=0314) THE PUBLIC HEARING WAS OPENED. Moe Ghazi, 211 Main Street, applicant, stated that he has read and concurs with the 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 modify the conditions of approval to reflect that the applicant shall submit a revised site plan indicating an 8' wide sidewalk between the two outdoor dining areas. CONDITIONAL USE PERMIT NO. 01-06 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM 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 proposed addition of alcoholic beverage sales in an existing restaurant's outdoor dining area involves negligible or no expansion of the existing restaurant use. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.01-06: Conditional Use Permit No. 01-06 for the establishment, maintenance and operation of alcohol service within an existing outdoor dining within the public right-of-way, and on private property adjacent to the restaurant storefront, 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 areas are existing and will be separated from the adjoining sidewalk by a 36-inch high barrier to protect pedestrians and to prevent the outdoor dining areas and alcohol service from expanding beyond the approved area. 2. The conditional use permit will be compatible with surrounding uses which consist of commercial retail establishments and other similar restaurant uses with outdoor dining areas. 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. 01-06 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 including parking and setbacks. ZA Minutes 03/14/01 3 (01=0314) 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 in the Downtown Subarea which indicates that development should achieve a pedestrian -oriented, "village -like" environment that physically and visually relates to the adjacent shoreline. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-06: 1. The site plan received and dated January 22, 2001 shall be the conceptually approved layout with the following modifications: a. The Public Works barrier detail shall be attached to the plans. b. The plans shall indicate an 8-foot wide sidewalk adjacent to the outdoor dining areas. 2. Prior to alcohol service on the sidewalk area within the public right-of-way, the following shall be complied with: a. A copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. b. A physical barrier of 36 inches in height per the Public Works approved standard barrier plan surrounding the outdoor dining area shall be installed. The barrier installation shall be • coordinated with the Public Works Department. c. An updated License Agreement including all applicable 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 of the Downtown Specific Plan or that one or more of the items listed under the Findings for Approval listed in this document have been violated. Termination of the License Agreement shall nullify the conditional use permit. (Code Requirement) d. The applicant shall update the current Maintenance Agreement with the City for maintenance of all portions of the public property used and approved by the Zoning Administrator for the outdoor dining with alcohol service. Said agreement shall be submitted to and approved by the Department of Public Works prior to commencement of the use. (Code Requirement) e. The applicant shall provide an updated public liability insurance policy as specified in all current insurance resolutions within 60 days from this approval (May 14, 2001). Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. (Code Requirement) • f. The applicant shall submit a revised site plan indicating an 8' wide sidewalk between the two outdoor dining areas. ZA Minutes 03/14/01 4 (Olzm0314) 3. Outdoor dining with alcohol on the sidewalk area within the public right-of-way and on private ® property shall comply with the following: a. Only the uses described in the narrative dated and received January 15, 2001 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) Alcoholic beverages shall be served in glass containers only. The glass containers shall be permanently printed with a number identifying the establishment serving alcohol. (Code Requirement) d. Copies of the approved Conditional Use Permit, License Agreement, Maintenance Agreement, and Insurance Policy will be kept at the place of business at all times. e. All conditions of approval from Conditional Use Permit No. 93-25 which established outdoor dining at this location shall be adhered to with the exception of Condition No. 5.b: Alcoholic beverages shall not be served on public property. 4. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan are proposed. No ® changes shall occur until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Conditional Use Permit No. 01-06 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-06 shall become null and void unless exercised within one year of the date of final approval which is March 14, 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. 01-06, 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. ZA Minutes 03/14/01 5 (01=0314) 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 0 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. 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 4: COASTAL DEVELOPMENT PERMIT NO. 01-03 (WAGESTER RESIDENCE APPLICANT/ PROPERTY OWNER: David and Deanna Wagester, 1760 Monrovia #C8, Costa Mesa, CA 92627 REQUEST: To permit a remodel and first and second story addition to an existing 1,350 sq. ft. single-family residence. LOCATION: 9012 Christine Drive (east side of Christine Drive between Hula Circle and Susan Lane) PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed project plans, photographs and elevations, stating the purpose, • location and zoning of the requested project. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and because the project will comply with the Development Standards. THE PUBLIC HEARING WAS OPENED. David Wagester, 20282 Billingsgate 9202, applicant, questioned the necessity of Condition No. Lb. Fariba Khavari, 9022 Christine Drive, neighboring property owner, opposed the location of the rear deck stating it would block the view from her single -story residence. 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 modify the conditions to include that the easterly side of the rear deck shall be offset 2.5 ft. to the west. COASTAL DEVELOPMENT PERMIT NO. 01-03 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. ZA Minutes 03/14/01 6 (O1zm0314) 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 Class 3 (a) of the CEQA Guidelines, because the project involves construction associated with a single family dwelling within an urbanized area. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 01-03: 1. Coastal Development Permit No. 01-03 for the development project, as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The project involves a remodel and first and second story addition to an existing single-family dwelling which conforms to the General Plan land use designation of RL-7 (Residential Low Density-7du/ac). The proposed project will not impact public views or access to coastal amenities as none currently exist at the site. 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 proposed addition will conform with all applicable codes including setbacks, parking, building height 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 infrastructure currently exist to the site. ® 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 will be affected by the new construction. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.01-03: 1. The site plan, floor plans and elevations received and dated February 1, 2001 shall be the conceptually approved layout with the following modifications: a. The floor plan for the second floor shall include a note indicating that the bonus room northerly wall segments are open to the first floor living room/entry areas below with a minimum 50% of the walls open. b. The easterly side of the rear deck shall be offset 2.5 ft. to the west. 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 ZA Minutes 03/14/01 7 (01=0314) 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) 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. f. 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. 2. Prior to issuance of grading permits, the following shall be completed: a. The existing water service serving the proposed development may potentially be utilized for domestic/irrigation purposes if it is of adequate size, conform to current standards, is a minimum of 1-inch in size and is in working condition as determined by the Water Division. If a water service is necessary, it will be installed per Water Division standards and sized to meet the minimum requirements set by the UPC. The water service shall be a minimum of 1-inch in size and the meter shall be a touch -read type. (PW) • b. If the existing water service is not utilized, it shall be abandoned per Water Division standards. (PW) c. If the existing water service is utilized, the existing water meter shall be abandoned per City of Huntington Beach Water Division Standards and replaced with a touch -read type. The meter shall be sized to meet the minimum requirements set by the Uniform Plumbing Code. (PW) d. 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. 3. 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 q artment requirements shall be noted on the building plans. (FD) • ZA Minutes 03/14/01 8 (01=0314) 4. During demolition, grading, site development, and/or construction, the following shall be adhered ® to: a. Use 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. 5. 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 a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) b. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. ® c. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 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. e. The project will comply will all provisions of Huntington Beach Municipal Code Section 17.04.085 and City Specification No. 429 Methane District Building Permit Requirements. Specifically, the project is immediately adjacent to a known methane seepage area and shall have an approved soil gas collection system and methane barrier in the sub -slab area. (FD) 6. 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: is 1. Coastal Development Permit No. 01-03 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 ZA Minutes 03/14/01 9 (Olzm0314) 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. 01-03 shall become null and void unless exercised within one year of the date of final approval 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. 01-03, 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. 8. An encroachment Permit is required for work within the right-of-way. (PW) 9. Standard landscape code requirements apply (Chapter 232 of the Zoning and Subdivision Ordinance). (PW) 10. 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. THE MEETING WAS ADJOURNED AT 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MARCH 21, 2001, AT 1:30 PM. Ma � Beth roeren —�L-- Zoning Administrator • ZA Minutes 03/14/01 10 (01=0314)