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HomeMy WebLinkAbout2001-03-28MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MARCH 28, 2001- 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Amy Wolfe, Ramona Kohlmann (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 01-05 (LUNDIN RESIDENCE APPLICANT: Jay W. Earl, 16541 Marina Circle, Huntington Beach, CA 92649 PROPERTY OWNER: Leonard and Mary Lundin, 16214 Bimini Lane, Huntington Beach, CA 92649 REQUEST: To construct a 329 sq. ft. 2°a-story addition to an existing townhome. • LOCATION: 16214 Bimini Lane (Huntington Harbor, south of Edinger Avenue, east of Trinidad Lane) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff stated that the setbacks at the proposed site will not be affected by the requested addition. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. THE PUBLIC HEARING WAS OPENED. Jay W. Earl, 16541 Marina Circle, applicant, stated that he was present to answer any questions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO. 01-05 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. 0 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 operation and minor alteration of existing structures involving negligible or no expansion of use beyond that previously existing requires no further environmental review. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.01-05: 1, Coastal Development Permit No. 01-05 to construct a 329 sq. ft. 2nd-story addition to an existing townhome as proposed, conforms with the General Plan, and the Local Coastal Program Land Use designation of Residential Low -Density, as well as with the pernutted single-family, zero lot line residential use identified in the General Plan Land Use Schedule. 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 addition meets all applicable development regulations for planned unit developments in the Residential Low -Density zoning district, including building height, setbacks, site coverage and parking, and is consistent with the City Design Guidelines. 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. The proposed addition will be constructed on a developed site in an urbanized area with all necessary services and infrastructure available. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access nor impact public views to coastal resources. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 01-05: The site plan, floor plans, and elevations received and dated February 21, 2001 shall be the conceptually approved layout. 2. Prior to submittal for building permits: 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. If the structure is currently provided with automatic fire sprinklers, a separate plan for system expansion into the addition shall be submitted to the Building & Safety Department for review and approval by the Fire Department. (FD) 3. Prior to final building permit inspection and approval the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. ZA Minutes 03/28/01 2 (O1zmO328) b. Compliance with all conditions of approval specified herein shall be accomplished and verified ® by the Planning Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 4. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REOUIREMENTS: Coastal Development Permit No. 01-05 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Coastal Development Permit No. 01-05 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. 01-05, 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. State -mandated school impact fees shall be paid prior to issuance of building permits. ZA Minutes 03/28/01 3 (O1zmO328) ITEM 2 CONDITIONAL USE PERMIT NO 01-08 (ADAMS AVENUE GAME CENTER) APPLICANT: William Stilwell, 10045 Adams Ave., Huntington Beach, CA 92648 • PROPERTY OWNER: Beachmont Properties, LLC, c/o Western Realty, 2760 E. Spring St., Ste 200, Long Beach, CA 90806-2257 Bruce A. Cowgill, PO Box 90936, Long Beach, CA 90809-0936 REQUEST: To establish and operate a game center involving computer use/rental of 25 computers. LOCATION: 10043 Adams Avenue (northeast corner of Adams Avenue and Brookhurst Street) PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff stated that a condition has been imposed for compliance with the Huntington Beach Zoning and Subdivision Ordinance. 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. Mary Beth Broeren, Zoning Administrator, stated that she received a telephone call from Ed Kerins, resident of the neighboring Meredith Gardens housing tract. The purpose of Mr. Kerins' call was to make the Zoning Administrator aware of the fact that the existing shopping center at the requested site lacks in maintenance and is in a state of deterioration. THE PUBLIC HEARING WAS OPENED. • Les Jordan, 10131 Holburn Drive, neighboring property owner, was not in favor of the proposed project. Mr. Jordan stated that the applicant is the owner of the Dark Star Comics bookstore located in the same shopping center as the requested project. He stated that a portion of the bookstore is currently being used as a gaming center. His concerns were focused on further deterioration of the shopping center, loitering, poor lighting at night, and hours of operation. He questioned the ability to enforce the hours imposed upon minors as setforth in the conditions of approval. William Stilwell, 7523 Quite Cove Circle, applicant, stated that half of the Dark Star Comics bookstore is dedicated to a variety of games, but no fee is charged, and the other half to the selling of comic books. Mr. Stilwell explained how they intend to enforce the limited use of the proposed facility by minors as setforth in the conditions of approval in the staff report. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren explained the process whereby conditions of approval are enforced by the City's Code _ Enforcement and Police Departments to ensure that a business operates properly and in accordance with the terms of a conditional use permit. A general discussion ensued concerning enforcement of the conditions; in particular Condition No. 4 as outlined in the staff report. Ms. Broeren expressed concern over the fact that the applicant's current business is operating a game room without a • conditional use permit and asked staff to determine if one was necessary. She advised the applicant that in accordance with Condition No. 5, a review by staff will include any Code Enforcement ZA Minutes 03/28/01 4 (01=0328) violations and/or non-compliance with the terms of the conditional use permit and could result in a revocation hearing before the Zoning Administrator. CONDITIONAL USE PERMIT NO.01-08 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 15301 of the CEQA Guidelines, because operation and minor alteration of existing structures involving negligible or no expansion of use beyond that previously existing requires no further environmental review. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-08: 1. Conditional Use Permit No. 01-08 for the establishment, maintenance and operation of a game center involving computer use/rental of 25 computers 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. Adequate parking for vehicles and bicycles will be available ® for the game center patrons within the commercial center. C7 2. The conditional use permit will be compatible with surrounding uses because it will be located in considerable distance from residential uses in the vicinity and will be buffered by an existing parking lot area. 3. The proposed Conditional Use Permit No. 01-08 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, including locational criteria for minimum distance requirements from existing residential development, hours of operation and bicycle parking requirements. 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 (CG) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 7 Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. LU 7.1.1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. ZA Minutes 03/28/01 5 (01=0328) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-08: 1. The site plan received and dated March 2, 2001 and the floor plans, and elevations received and dated February 2, 2001 shall be the conceptually approved layout with the following modifications: a. The floor plan shall depict a maximum of 25 computer stations. b. The site plan shall include a bicycle parking area adjacent to the game center's entrance. c. 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 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 a Certificate of Occupancy, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification No. 424. (FD) 2) Address numbers shall 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) 3) 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) 4) Tenant improvements altering existing fire sprinkler and fire alarm systems shall be subject to Fire Department approval. Shop drawings shall be submitted and approved by the Fire Department prior to installation. (FD) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. c. 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. • ZA Minutes 03/28/01 6 (01=0328) . 4. The use shall comply with the following: a. The conditional use permit is valid only for installation and use of 25 computer stations. Installation or use of additional computer stations shall require an amendment to the conditional use permit. (Code Requirement) b. At least one adult manager shall be on the premises during the time the game center is open to the public. (Code Requirement) Hours of operation - Adult patrons: Hours of operation shall be limited to between 10:00a.m. to 12 a.m., Monday through Sunday. (PD) d. Hours of operation limitations - Minors under 18 years of age: No game center owners, manager or employees shall allow a minor under 18 years of age to play an electronic game during the hours the public schools of the district in which the center is located are in session, or after 9 p.m. on nights preceding school days, or after 10 p.m. on any night. It is the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours. (Code Requirement) e. The game center's hours of operation for adults and for minors under 18 years of age shall be clearly posted at the entrance to the facility. ® f. No alcoholic beverage sales or consumption shall allowed on the premises. (PD) g. No loitering shall be permitted within 300 ft. from the game center's front entrance and rear emergency exit area at any time. h. The store's front shall be clear glass and shall be kept free of promotional displays, advertisements, graphics etc. to allow visible access into the establishment during business hours. (PD) i. The rear door shall be kept closed during business hours. (PD) j. There shall be no use of the trash area after 10:00 p.m. 5. A review of the use shall be conducted by the Staff without public hearing within six (6) months of the issuance of Certificate of Occupancy to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. 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. ZA Minutes 03/28/01 7 (OlzmO328) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 01-08 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-08 shall become null and void unless exercised within one year of the date of final approval which is March 28, 2002 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. 01-08, 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. 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 Planning Commission. 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. 10. State -mandated school impact fees shall be paid prior to issuance of building permits. 11. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. • ZA Minutes 03/28/01 8 (Olzm0328) is 11 THE MEETING WAS ADJOURNED AT 2:20 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 4, 2001 AT 1:30 PM. Mary Be h Br eren Zoning Administrator :rmk ZA Minutes 03/28/01 9 (01=0328)