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HomeMy WebLinkAbout2001-05-09MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR ® Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MAY 9, 2001- 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Sandra Thornton, Amy Wolfe MINUTES: April 4, 11 and 18, 2001 Minutes were approved ORAL COMMUNICATION: None ITEM 1• CONDITIONAL USE PERMIT NO. 01-19 ("IN THE BAG" OUTDOOR RETAIL SALES APPLICANT: Keith Bohr, 221 Main Street, Suite S, Huntington Beach, CA 92648 PROPERTY OWNER: Sandra O'Clock, Arizona Partners, 3200 N. Central Avenue, Suite 2450, Phoenix, AZ 85012 REQUEST: To permit outdoor retail sales/display at the Pierside Pavilion. LOCATION: 300 Pacific Coast Highway (southeast corner of Main and PCH) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff recommended that the sales podium and the portable display be located inside the lobby to avoid conflict with pedestrians. The Design Review Board (DRB) reviewed the proposed project on April 12, 2001. Staff outlined the conditions as recommended by the DRB. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. One telephone call was received from Huntington Surf and Sport, neighboring business, inquiring into the proposed project, and expressed neither support nor opposition to the request. Mary Beth Broeren, Zoning Administrator, and staff reviewed the plans and engaged in a discussion concerning the plans and the conditions as recommended by the DRB. Ms. Broeren confirmed with staff that the property owner is in agreement with the design modifications. THE PUBLIC HEARING WAS OPENED. Keith Bohr, 221 Main Street, Suite S, representing the applicant, discussed the location of the display racks and the sales podium in relation to the lobby area. ® THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren asked staff why the proposed project did not require a Coastal Development Permit. Staff stated that the request is exempt as setforth in Section 245.08 of the Huntington Beach Zoning • and Subdivision Ordinance. Ms. Broeren reviewed the DRB's action and asked staff to modify the conditions as follows: Modify Condition No. I. a: a. The elevations shall be revised for consistency with plans and elevations approved by the Design Review Board on April 12, 2001 and maintained in case file DRB No. 01-17. The Zoning Administrator has specified that all conditions that the DRB recommended are required with the exception of Condition Two (2) which required the display enclosure to be modified to increase the height so the roof of the structure is as high as the stucco on the existing wall of the building. The roof of the structure may be increased if the change of the door type necessitates the increase in height. The Planning Department shall review and approve the final colors and design of the structure prior to building permit issuance. Revise Condition No. Lb: b. The sales podium may be located directly south of the display enclosure if the location meets Exiting Requirements specified by the Uniform Building Code. The sales podium may not project west of the display enclosure at any time. In the event that the Uniform Building Code does not allow the sales podium at this location, the sales podium may be located to the southwest of the lobby entrance between the columns and the building. • Add Condition No. l.c: c. The outdoor portable display rack shall be located to the southwest of the lobby entrance between the columns and the building. CONDITIONAL USE PERMIT NO. 01-19 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 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 it consists of minor alterations of existing facilities involving negligible expansion of use. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-19: 1. Conditional Use Permit No. 01-19 for the establishment, maintenance and operation of outdoor retail sales/display at the Pierside Pavilion 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 ZA Minutes 05/09/01 2 (01Zm0509) the neighborhood. Based upon the conditions imposed, the proposed project will neither impact pedestrian circulation, nor surrounding businesses' operation. ® 2. The conditional use permit will be compatible with surrounding uses because outdoor retail sales/display is consistent with the zoning designation for the subject site and the proposed operation will not impede pedestrian traffic through the lobby or sidewalk area. 3. The proposed Conditional Use Permit No. 01-19 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. The zoning ordinance and the Downtown Specific Plan, permit outdoor retail sales/ display with the 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 Mixed Use on the subject property. In addition, it is consistent with the following General Plan objective: a. Revitalize, renovate and expand the existing Huntington Beach commercial facilities while attracting new commercial uses. (ED 2.4) The proposed outdoor retail sales/display will encourage pedestrian activity while minimizing impacts to adjacent businesses and properties. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.01-19: ® 1. The site plan, floor plans and elevations received and dated March 26, 2001 shall be the conceptually approved layout with the following modifications: a. The elevations shall be revised for consistency with plans and elevations approved by the Design Review Board on April 12, 2001 and maintained in case file DRB No. 01-17. The Zoning Administrator has specified that all conditions that the DRB recommended are required with the exception of Condition Two (2) which required the display enclosure to be modified to increase the height so the roof of the structure is as high as the stucco on the existing wall of the building. The roof of the structure may be increased if the change of the door type necessitates the increase in height. The Planning Department shall review and approve the final colors and design of the structure prior to building permit issuance. b. The sales podium may be located directly south of the display enclosure if the location meets Exiting Requirements specified by the Uniform Building Code. The sales podium may not project west of the display enclosure at any time. In the event that the Uniform Building Code does not allow the sales podium at this location, the sales podium may be located to the southwest of the lobby entrance between the columns and the building. c. The outdoor portable display rack shall be located to the southwest of the lobby entrance between the columns and the building. ® 2. Prior to submittal for building permits, 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. ZA Minutes 05/09/01 3 (Olzm0509) 3. During site development and/or construction, the following shall be adhered to: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough • to prevent dust raised when leaving the site. b. Wet down areas in the late morning and after work is completed for the day. c. Use low sulfur fuel (.05%) by weight for construction equipment. d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts). e. Discontinue construction during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/ grading activity. 4. Activities and displays shall not block the public right-of-way at any time. (PW) 5. The final building permit(s) cannot be approved, and a Certificate of Occupancy cannot be issued until all building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, are disposed of at an off -site facility equipped to handle them. • 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 Huntington Beach Zoning and Subdivision Ordinance. 7. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: Conditional Use Permit No. 01-19 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-19 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. • ZA Minutes 05/09/01 4 (Olzm0509) 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 01-19, 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. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 1] 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 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. 9. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 10. An encroachment permit shall be required for all work within the right-of-way. (PW) 11. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. THE MEETING WAS ADJOURNED AT 1:55 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MAY 16, 2001 AT 1:30 PM. G c,. Ma Bet �roeren�� Zoning Administrator ron, I ZA Minutes 05/09/01 5 (Olzm0509)