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HomeMy WebLinkAbout2001-11-21L` E MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, NOVEMBER 21, 2001 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Rami Talleh, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: TENTATIVE PARCEL MAP NO. 01-208 (OCEANUS LOT CONSOLIDATION APPLICANT: Gerald Masgai, Fuscoe Engineering, 16795 Von Karman, Suite 100, Irvine, CA 92606 PROPERTY OWNER: Arden Realty, Inc., 3300 Irvine Avenue, Suite 111, Newport Beach, CA 92660 REQUEST: To permit the consolidation of two parcels into one 134,148 square foot parcel. LOCATION: 5445 Oceanus Drive (northwest corner of Oceanus Drive and Graham Street) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff stated that the request is in compliance with Administrative Review No. 86-21. 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. Gerald Masgai, Fuscoe Engineering, 16795 Von Karman, Suite 100, Irvine, applicant, questioned the necessity for Condition No. 7. Craig Pierson, Arden Realty, Inc., 3300 Irvine Avenue, Suite 111, Newport Beach, representing the property owner, also questioned Condition No. 7 and whether or not a water line was shown on the recorded map. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. . Mr. Strange asked staff to modify Condition No. 7 as follows: 7. On the final parcel map, dedicate/rededicate an easement for water line purposes with a minimum width of ten feet (configured five feet on each side of the existing on -site water main and appurtenances). If the easement does not exist, the applicant shall submit a deed showing the easement. (PW) TENTATIVE PARCEL MAP NO. 01-208 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. HE 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 15315 of the CEQA Guidelines, because it involves the merger of two parcels into one parcel which conforms to the General Plan and Zoning requirements. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 01-208: 1. Tentative Parcel Map No. 01-208 for the consolidation of two parcels into one 134,148 square foot parcel is consistent with the General Plan Land Use Element designation of Industrial/Design Overlay on the subject property, or any applicable specific plan, or other applicable provisions of this Code. 2. The site is physically suitable for the type and density of development. The two lots are currently developed with two industrial buildings, which were approved by Administrative Review No. 86- 21. Approval of Tentative Parcel Map No. 01-208 will comply with the condition no. 2 of Administrative Review No. 86-21. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The site has been previously developed. In addition the lot consolidation will not cause any health problems, will not cause any adverse environmental impacts, and will not involve any fish or wildlife habitat. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The consolidation of two parcels will eliminate the need for access agreements on the subject parcel. • ZA Minutes 11/21/01 2 (01=1121) CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO. 01-208: is 1. The tentative parcel map for the consolidation of two parcels into one 134,148 square foot parcel received and dated October 30, 2001, shall be the approved layout. 2. A reproducible mylar copy and print of the recorded parcel map shall be submitted to the Department of Public Works at the time of recordation. (PW) The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9- 337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following items: (PW) a. Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. b. Provide a digital -graphics file of said map to the County of Orange. 4. Provide a digital -graphics file of said map to the City per the following design criteria: (PW) a. Design Specification: i. Digital data shall be full size (1:1) and in compliance with the California coordinate system — STATEPLANE Zone 6 (Lambert Conformal Conic projection), NAD 83 datum in accordance with the County of Orange Ordinance 3809. ii. Digital data shall have double precision accuracy (up to fifteen significant digits). ® iii. Digital data shall have units in US FEET. iv. A separate drawing file shall be submitted for each individual sheet. v. Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names, pen color and layering conventions. vi. Feature compilation shall include, but shall not be limited to: Assessor's Parcel Numbers (APN), street addresses and street names with suffix. b. File Format and Media Specification: (PW) i. Shall be in compliance with the following file format: • AutoCAD (version 13 or later) drawing file: _.DWG ii. Shall be in compliance with the following media type: • CD Recordable (CD-R) 650 Megabytes 5. The final parcel map shall be recorded with the County of Orange prior to issuance of building permits. (PW) 6. All Public Works fees shall be paid. (PW) 7. On the final parcel map, dedicate/rededicate an easement for water line purposes with a minimum ® width of ten feet (configured five feet on each side of the existing on -site water main and appurtenances). If the easement does not exist, the applicant shall submit a deed showing the easement. (PW) ZA Minutes 11/21/01 3 (Olzml l21) 8. All previous conditions of approval of Administrative Review 86-21 shall remain in effect. • 9. The Departments of Planning, Public Works and Fire are responsible for compliance with all conditions of approval herein as noted after each condition. The Planning Director and Public Works Director shall be notified in writing if any changes to parcel map are proposed as a result of the plan check process. Permits shall not be issued until the Planning Director and Public Works Director have 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 - TENTATIVE PARCEL MAP NO. 01-208: Tentative Parcel Map No. 01-208 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Tentative Parcel Map No. 01-208 shall become null and void unless exercised within two (2) years of the date of final approval, which is November 21, 2003. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date. 3. All applicable fees shall be paid from the Building, Public Works, and Fire Departments fees prior to map recordation. (PW) 4. The applicant shall submit a check in the amount of $43 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. 5. All landscaping shall be maintained in a neat and clean manner, and in conformance with the BBZSO. 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. ITEM 2: CONDITIONAL USE PERMIT NO. 01-57 (STUFT PIZZA APPLICANT: Terry Shindle, 15 Creek View, Cota De Caza, CA 92679-4938 PROPERTY OWNER: Seacliff Village, LLC, 26840 Laguna Hills Drive, Aliso Viejo, CA 92656-2624 REQUEST: To permit alcoholic beverage sales in conjunction with food sales at Stuft Pizza & Brewing Company. LOCATION: 19461 Main Street, Suite 101 (northwest corner of Yorktown Avenue • and Main Street PROJECT PLANNER: Rami Talleh ZA Minutes 11/21/01 4 (Olzml l21) Rami Talleh, Staff Planner, displayed project plans and photographs 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. THE PUBLIC HEARING WAS OPENED. Terry Shindle, 15 Creek View, Cota De Caza, applicant, thanked staff for the efficient manner in which the request has been handled. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mike Strange, Acting Zoning Administrator, confirmed with the applicant that the type of alcoholic beverage to be sold will be beer and wine. CONDITIONAL USE PERMIT NO. 01-57 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSIONWITHIN 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 it involves negligible expansion of use beyond that previously approved. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-57: Conditional Use Permit No. 01-57 to permit alcoholic beverage sales in conjunction with food sales at Stuft Pizza & Brewing Co., a restaurant currently under construction at the Seacliff village Shopping Center, 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 sale of alcoholic beverages will be incidental to the restaurant facility. 2. The restaurant use with alcohol sales will be compatible with surrounding uses because the restaurant with alcohol sales is consistent with the character of the previously approved commercial center currently under construction. The restaurant will comply with the conditions of approval imposed and monitored by the Planning Department, Alcoholic Beverage control (ABC), the Huntington Beach Police Department to assure impacts to surrounding properties are minimized. 3. The proposed Conditional Use Permit No. 01-57 will comply with the provisions of the base district and other applicable provisions in the Holly-Seacliff Specific Plan and Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. Establishment of the restaurant was approved as part of the conditional use permit for the development of the Seacliff Village ZA Minutes 11/21/01 5 (01=1121) Shopping Center. The sale of alcoholic beverages is allowed with a conditional use permit and complies with the parking, floor area ratio, and building occupancy/exiting 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 Mixed Use Horizontal on the subject property which permits eating and drinking establishments. In addition, it is consistent with the following goals and policies of the General Plan: a. Achieve the development of a range of commercial uses. (Goal LU 10) b. Accommodate the development of neighborhood community, regional, office, and visitor - serving commercial uses in areas designated on the Land Use Plan Map. (Policy LU 10.1.1) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-57: 1. The site plan and elevations received and dated September 17, 2001, floor plans dated September 27, 2001, and outdoor dining plan dated October 22, 2001, shall be the conceptually approved layout with the following modifications: a. Elevations of fencing for the outdoor dining area shall be consistent with the Seacliff Village Pad Building Design Standards approved by the City of Huntington Beach maintained in case file CUP 97-56. b. Outdoor dining area located at the southeast corner of the building shall be increased to 825 • square feet. 2. Hours of operation shall be limited to 7:00 AM- 2:00 AM, seven days a week. (PD) 3. Prior to the sale of alcoholic beverages, 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. 4. No more than 4 coin -operated game machines shall be allowed. 5. The consumption of alcohol shall be limited to indoor and outdoor designated dining areas as depicted on the floor plans. 6. Dancing within the premises is prohibited. (PD) 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. 8. All previous conditions of approval of Conditional Use Permit No. 97-56 (for establishment of Seacliff Village Shopping Center) and Conditional Use Permit No. 99-08 (for the establishment of Building B) shall remain in effect. ZA Minutes 11/21/01 6 (Olzmll2l) 9. An Automatic fire sprinkler and fire alarm system shall be installed throughout. Shop drawings ® shall be submitted and approved by the Fire Department prior to system installation. (FD) 10. Food preparation fire protection systems shall be submitted as separate plans for permits to the Building and Safety Department for routing to the Fire Department. (FD) 11. Fire lanes shall be designated and posted to comply with City Specification 415. (FD) 12. Address numbers shall be installed to comply with City Specification 428 (Suite 110). (FD) 13. Exit signs and exit path markings shall be provided in compliance with HBFC and the California Administrative Code, Title 24. (FD) 14. Fire extinguishers shall be installed and located in areas to comply with HBFC standards found in City Specification #424. (FD) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 01-57 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-57 shall become null and void unless exercised within one year of the date of final approval which is November 21, 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. 01-57, pursuant to a public hearing for revocation, if any violation of these conditions orthe Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 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. 7. 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. ZA Minutes 11/21/01 7 (Olzml l21) 8. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the BBZSO. Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be obtained from the Planning Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. 9. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. 10. Live entertainment is not permitted unless a conditional use permit for this specific use is reviewed and approved. THE MEETING WAS ADJOURNED AT 1:43 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, NOVEMBER 28, 2001 AT 1:30 PM. Mike Strange, Acting Zoning Administrator :rmk 0 • ZA Minutes 11/21/01 8 (Olzml l21)