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HomeMy WebLinkAbout2001-05-16MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MAY 16, 2001 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Sandra Thornton, Ron Santos, Amy Wolfe, Ramona Kohlmann (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO. 01-13 (LINDA EVANS FITNESS CENTER) APPLICANT: Charles Terry, 3300 Irvine Avenue, #133, Newport Beach, CA 92660 PROPERTY OWNER: Jeffrey Stauffer, Pan Pacific, LLC, 5525-K Philadelphia Street, Chino, CA 91710 REQUEST: To permit the establishment of a Linda Evans Fitness Center within an existing commercial center suite. LOCATION: 5894-5902 Edinger Avenue (southwest corner of Edinger Avenue and Springdale Street) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed project plans and photographs stating the purpose, location, zoning, and hours of operation for the requested project. 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. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, staff and the applicant engaged in a discussion concerning the parking requirements, the number of participants per class, and restricting the use of the childcare facility to fitness center member attendees only. CONDITIONAL USE PERMIT NO. 01-13 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 40 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.01-13: Conditional Use Permit No. 01-13 for the establishment, maintenance and operation of the Linda Evans Fitness Center within an existing commercial center suite will not be detrimental to the general welfare of persons working or residing in the vicinity or to the value of the property and improvements in the neighborhood. The fitness center will serve Huntington Beach residents and will provide instruction to small groups of members within two existing suites. 2. The conditional use permit will be compatible with surrounding uses because the fitness center will not be typically utilized by more than 15 members at the same time. 3. The proposed conditional use permit 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 complies with all zoning code requirements including parking. 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 Commercial General on the subject property. In addition, it is consistent with the following policy of the General Plan: a. LU 10.1.11 —Promote the introduction of a diversity of uses in Commercial General centers, particularly those containing anchor grocery stores that improve their relationship with surrounding residential neighborhoods and increasing their viability as places of community activity. This project will improve the diversity of the existing center by providing the center with a use that does not currently exist in the center. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-13: 1. The site plan, floor plans, and elevations received and dated February 16, 2001 shall be the conceptually approved layout. 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 05/16/01 2 (01=0516) 3. The Certificate of Occupancy may not be issued until the following has been 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 will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 2) 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) 3) An automatic fire sprinkler system, or upgrades to the existing system, shall be approved and installed pursuant to Fire Department regulations. Shop drawings shall be submitted and approved by the Fire Department prior to system installation or modification. (FD) b. All signs shall be in compliance with Chapter 233 of the Huntington Beach Zoning & Subdivision Ordinance and the applicable planned sign program (Planned Sign Program No. 87-10 R). 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. 4. The use shall comply with the following: a. The maximum number of people attending classes/working out in the suite shall be limited to 46 at any time. b. The instruction area shall not exceed 75 percent of the floor area (i.e. no more than 6,832 square feet of instruction area). 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. 6. 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. ZA Minutes 05/16/01 3 (O1zm0516) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 0 1. Conditional Use Permit No. 01-13 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-13 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 Conditional Use Permit No. 01-13, 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. is 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 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. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. • ZA Minutes 05/16/01 4 (01zm0516) 0 ITEM 2: TEMPORARY USE PERMIT NO.01-03 (HSS SKATESHOP SIDEWALK SALES) APPLICANT: Jon McGee, 300 Pacific Coast Highway, Huntington Beach, CA 92648 PROPERTY OWNER: Mohammed Zeidan, 301 171h Street, Huntington Beach, CA 92649 REQUEST: To permit temporary intermittent sidewalk/tent sales on 94 scheduled days over a four year period in front of and as an extension of an existing retail establishment. LOCATION: 126 Main Street (northeast corner of Main Street and Walnut Avenue) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff reviewed a schedule of the specific dates stating that the outdoor use will be for display purposes only and all sales transactions will be conducted inside the existing establishment. Staff presented a revised plan, which repositions the tent and sales locations, in order to avoid obstructing the public right-of-way. 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 a Planning Commissioner in opposition to the proposed project. No other verbal or written comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, and staff discussed how the proposed project would correspond with other businesses conducting similar events in the same vicinity. Ms. Broeren inquired regarding any Code Enforcement issues. Staff stated that the Planning Commissioner who called in opposition to the request stated that outdoor sales are already occurring at the proposed site. Staffs research revealed that Code Enforcement was unaware of any such outdoor sales occurring at the proposed site. THE PUBLIC HEARING WAS OPENED. Jon McGee, 16165 Roundtree, Fountain Valley, applicant, expressed the intention to uphold high public standards and safety. Mr. McGee thanked staff for their time. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren asked the applicant if sales are currently being conducted outside. The applicant stated that there had been outside tent sales during the last two weekends; however, the activity has been suspended pending approval of the temporary use permit. Ms. Broeren confirmed with the applicant his understanding that the sidewalk/tent sales can take place on the approved scheduled dates only and that any violation could potentially initiate a revocation of the temporary use permit. Ms. Broeren and the applicant discussed how the applicant intends to control the sales transactions. Ms. Broeren confirmed with staff that a temporary activity permit would not be available to the applicant and a discussion ensued concerning Condition No. 3.h. ZA Minutes 05/16/01 5 (01zm0516) Ms. Broeren asked staff to reference in the conditions that since the April dates are not applicable, the approval is for 88 days over the four years, and to modify the conditions as follows: • Condition No. 1: Change the received date to May 11, 2001. Conditions 2 and 3 : Incorporate the initials of the requesting department at the end of the conditions. TEMPORARY USE 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) 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 15304 of the CEQA Guidelines. The project constitutes a minor temporary use of land having negligible or no permanent effects on the environment. FINDINGS FOR APPROVAL - TEMPORARY USE PERMIT NO. 01-03: 1. The proposed temporary use will be located, operated and maintained in a manner consistent with • the policies of the General Plan (Pedestrian Overlay District), Local Coastal Program and Downtown Specific Plan; and the provisions of Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance, including the following policies: LU 15.2.2: Require that uses in the pedestrian overlay district be sited and designed to enhance and stimulate pedestrian activity along the sidewalks. Assure that areas between building storefronts and public sidewalks are visually and physically accessible to pedestrians. LCP/ DTSP: Main Street should be a lively, active commercial district at the street level. The first floor of developments along Main Street should be commercial, with open-air establishments encouraged. 2. Approval of the proposed temporary use will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. Proposed sales events will occur adjacent to the applicant's storefront and will be sited to prevent interference with use of the surrounding area. The temporary use permit is conditioned to ensure that adequate public, disabled and emergency access will be maintained. • ZA Minutes 05/16/01 6 (01zm0516) 41 CONDITIONS OF APPROVAL —TEMPORARY USE PERMIT NO. 01-03: 1. The site plan, floor plans and elevations received and dated May 11, 2001 shall be the conceptually approved layout with the following modifications: a. The temporary sales area shall be entirely confined to private property. Any encroachment into the public right-of-way shall be prohibited. b. A ten -foot wide clear path of travel shall be maintained along the sidewalk. Required pathways for patron and disabled access shall be maintained clear of obstructions. c. Tent(s) structures shall be prohibited. A non -enclosed sunshade canopy may be provided in lieu of the proposed tent. 2. Prior to establishment of the use, a detailed, fully dimensioned site plan with furniture layout, revised pursuant to Condition No. 1, shall be submitted to the Planning Department for review and approval by the Planning Department, Building & Safety Department and Public Works Department. Zoning entitlement conditions of approval shall be printed verbatim on the revised plans. A narrative, revised for consistency with the approved site plan, shall be submitted as necessary. (B&S, PW, P) 3. The use shall comply with the following: a. All required exits and access ways to the tenant space, as determined by the Building & Safety is Department, shall be maintained clear and free of obstructions. The minimum required access width shall be 48 inches. (B&S, PW) b. All overhead obstructions shall be a minimum of 80 inches above the walking surface. (B&S) c. Sales to patrons in vehicles or in the public right-of-way shall be prohibited. d. Line formations within the public right-of-way shall be prohibited. (PW, P) e. Sales events, including associated furniture, structures, patron lines, etc., shall not in any way interfere with access to any commercial establishment. (B&S, PW, P) f. Furniture pieces shall weigh less than 35 pounds each. (B&S) g. All displays associated with sales events shall be maintained in an orderly condition. h. Only the uses, dates and times described in the narrative shall be permitted. (See attached Narrative.) Any proposed change shall be submitted to the Planning Director for review and approval a minimum of ten days in advance of the planned event date. 4. The Planning Director shall ensure compliance with all conditions of approval. The Planning Director shall be notified in writing if any changes to the approved site plan or even schedule are proposed. If the proposed changes are of a substantial nature, approval of an amendment to the original entitlement by the Zoning Administrator may be required pursuant to provisions of the Huntington Beach Zoning and Subdivision Ordinance. 5. 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. ZA Minutes 05/16/01 7 (01=0516) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Temporary Use Permit No. 01-03 shall not become effective until the ten calendar day appeal period has elapsed. 2. Temporary Use 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 Temporary Use 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. The use 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. 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. 6. All signs shall conform to the HBZSO. Approval from the Planning Department shall be obtained prior to display or alteration of any sign(s). 7. Live entertainment and/or outdoor dining shall be prohibited. i THE MEETING WAS ADJOURNED AT 1:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MAY 23, 2001 AT 1:30 PM. Mary eth roeren Zoning Administrator :rmk • ZA Minutes 05/16/01 8 (01=0516)