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HomeMy WebLinkAbout2002-01-160 0 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JANUARY 16,2002 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Ramona Kohlmann (recording secretary) MINUTES: October 14, 1998 Minutes were approved ORAL COMMUNICATION: None ITEM 1: TEMPORARY USE PERMIT NO. 01-07 (JACK'S SURFBOARDS) (CONTINUED FROM THE DECEMBER 19,2001) APPLICANT/ PROPERTY OWNER: Fawzi "Bobby" Abdelfattah, 101 Main Street, Huntington Beach, CA 92648 REQUEST: To permit outdoor sales on approximately twenty-nine (29) days per year for a total of five (5) years (2002-2006). Outdoor sales shall be permitted for the following time period each year: two (2) days on July 27 and July 28; seven (7) days between August 17 and August 3 1; two (2) days on September I and September 2; two (2) days on November 29 and November 3 0; fifteen (15) days between December I and December 3 1; and one (1) day on January 1. LOCATION: 101 Main Street (northwest corner of Main Street, north of Pacific Coast Highway) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff presented a review of the suggested findings and conditions of approval. Staff stated that although the project was noticed for five years, staff is recommending approval of the Temporary Use Permit for two years (2002-2003). Staff recommended modifying the site plan to accommodate outdoor sales during the U.S. Open. Staff stated that one letter of inquiry was received from a nearby business owner expressing concerns that the outdoor sales would cause interference to the surrounding area. Staff stated that the foregoing concerns would be alleviated by the conditions as imposed. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and with modifications to the suggested conditions of approval as recommended above. a THE PUBLIC HEARING WAS OPENED. Mike Abdemute, 101 Main Street, property owner, spoke in favor of the proposed project. Susie Asadourian, 101 Main Street, property owner, stated that she and other owners in the vicinity are concerned that the cordoned off area could cause a hazard. Ms. Asadourian expressed support of the proposed project. Mary Beth Broeren, Zoning Administrator, explained the reasons for the cordoned off area stating that the cordoned area provides adequate pedestrian walkways along the sidewalk. Ms. Broeren confirmed that the proposed project would be in front of Jack's tenancy only. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she was going to approve the request with the recommended modification to the Condition No. 1. a as presented by staff as follows: 1. The site plan labeled Exhibit A and dated January 9, 2002 shall be the conceptually approved layout with the following modification: 0 a. Two 3'x 8' tables with an approximately 12'x 6' canopy shall be permitted along Pacific Coast Highway on days approved for outdoor sales during the U.S. Open. Ms. Broeren asked staff to modify Condition No. 3.b as follows: 3.b The sales area shall be cordoned off (i.e. roped off with a minimum 36" high barrier), nine feet from the building fagade with intermittent openings every 10 to 15 feet for customer access TEMPORARY USE PERMIT NO. 01-07 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. 0 ZA Minutes 01/16/02 2 (02=0116) FINDINGS FOR APPROVAL - TEMPORARY USE PERMIT NO. 01-07: 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 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 application for 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. CONDITIONS OF APPROVAL — TEMPORARY USE PERMIT NO. 01-07: 1. The site plan labeled Exhibit A and dated January 9, 2002 shall be the conceptually approved layout with the following modification: a. Two 3'x 8' tables with an approximately 12'x 6' canopy shall be permitted along Pacific Coast Highway on days approved for outdoor sales during the U.S. Open. 2. Temporary Use Permit No. 01-07 shall be approved for a total of two years (2002 — 2003). 3. The use shall comply with the following: a. The temporary sales area shall be entirely confined to private property. Any encroachment into the public right-of-way shall be prohibited. b. The sales area shall be cordoned off (i.e. roped off with a minimum 36" high barrier), nine feet from the building fagade with intermittent openings every 10 to 15 feet for customer access. c. Four -foot wide clearance shall be maintained along side the display racks within the "cordoned off' area between the sales racks and pedestrian pathway. d. 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. (BD/PW) e. All required exits and access ways to the tenant space, as determined by the Building & Safety Department, shall be maintained clear and free of obstructions. The minimum required access width shall be 48 inches. (BD) f All overhead obstructions shall be a minimum of 80 inches above the walking surface. (BD) ZA Nfinutes 01/16/02 3 (02zm0116) g. All sales transactions shall occur inside the store. h. Sales to patrons in vehicles or in the public right-of-way shall be prohibited. 40 i, Line formations within the public right-of-way shall be prohibited. j. Sales events, including associated furniture, structures, patron lines, etc., shall not in any way interfere with access to any commercial establishment. (BD) k. Furniture pieces shall weigh less than 35 pounds each. (BD) 1. All displays associated with sales events shall be maintained in an orderly condition. in. Only the uses, dates and times described in the narrative received and dated on November 2, 2001, shall be permitted for 2002. 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. A schedule of outdoor sales events, not exceeding 29 days, in 2003 shall be submitted to the Planning Department for review and approval 30 days prior to the first day of outdoor sales. 5. After initial warnings, the Code Enforcement Division reserves the right to cease operation of the temporary outdoor sales in the event that the use is in violation of the conditions of approval of Temporary Use Permit 0 1-07. 6. 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. 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. The Planning Department staff shall conduct a review of the use within six months of commencement of the temporary use. INFORMATION ON SPECIFIC CODE REQUIREMENTS:. 1. Temporary Use Permit No. 01-07 shall not become effective until the ten calendar day appeal period has elapsed. 2. Temporary Use Permit No. 01-07 shall become null and void unless exercised within one year of the date of final approval, which is January 16, 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 Temporary Use Permit No. 01-07, 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. 40 ZA Minutes 01/16/02 4 (02zin0116) E 4. The use 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. 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 Count of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 6. 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. 7. 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. 8. Live entertainment or outdoor dining is not permitted unless a conditional use permit for this specific use is reviewed and approved. 9. Alcoholic beverage sales are not allowed unless a conditional use permit for this particular use is reviewed and approved. THE MEETING WAS ADJOURNED AT 1:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 23,2002 AT 1:30 PM. Mar�,Be&Bro-eren Zoning Administrator rmk ZA Minutes 01/16/02 5 (02zmO 116)