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HomeMy WebLinkAbout2002-01-30® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JANUARY 30, 2002 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Ramona Kohlmann (recording secretary) MINUTES: January 9, 2002 Minutes were approved ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO. 01-73 (INTERNET CAFE) APPLICANT: John Anh Pham/Kenny Kha, 18386 Mt. Langley Street, Fountain Valley, CA 92708 PROPERTY OWNER: ® Donald P. Jones, 1615 East Bay Avenue, Balboa, CA 92661 REQUEST: To establish an internet cafe/game center at an existing commercial shopping center. LOCATION: 16903 Beach Boulevard (west side of Beach Boulevard, north of Warner Avenue) 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, in particular those conditions setforth in Condition No. 4. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Mary Beth Broeren, Zoning Administrator, asked staff if any comments were received. Staff stated that one telephone call was received concerning the hours of operation. No other written or verbal comments were received in response to the public notification. Ms. Broeren and staff reviewed the plans. Ms. Broeren confirmed with staff that the counter area will be for snacks and beverages only and not for the service of food. She stated that the Planning Department did receive a telephone call regarding concerns in general. 0 THE PUBLIC HEARING WAS OPENED. ffMinard, 16892 Westwood Lane #40, neighboring property owner, stated that he was not opposed • Jeff to the proposed project. Mr. Minard asked questions concerning the use of the internet and controls placed on minors. He expressed concern based upon problems with similar establishments in the City of Westminster and the potential for changes in the character of the area. Ms. Broeren explained to Mr. Minard that his concerns have been addressed in the suggested conditions of approval as imposed by the Police Department. She stated that the City of Huntington Beach is concerned and does not want to encounter the problems experienced by other jurisdictions. John Anh Pham, 18386 Mt. Langley Street, Fountain Valley, applicant, acknowledged and agreed to the suggested conditions of approval. Mr. Pham questioned the limitation imposed on the number of computers as setforth in Condition No. 4.a. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that with the conditions imposed, the City of Huntington Beach hopes to avoid problems. Ms. Broeren advised the applicant that the conditions of approval stipulate that a six-month review of the project be conducted. She stated that if any problems are encountered at that time, a hearing could be conducted before the Zoning Administrator. CONDITIONAL USE PERMIT NO. 01-73 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 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 operation and minor alteration of an existing structure involving negligible or no expansion of use beyond that previously existing requires no further review. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-73: Conditional Use Permit No. 01-73 for the establishment, maintenance and operation of a game center providing computer use/rental and internet access will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of property or improvements in the neighborhood. Adequate parking for vehicles and bicycles will be available for the game center patrons within the commercial center. In addition, adequate security measures will be taken to insure the safety of patrons and the surrounding neighborhood. ZA Minutes 01/30/02 2 (02=0130) 2. The conditional use permit will be compatible with surrounding uses because it will be located in an existing commercial center with adequate separation from existing residential districts, school sites, liquor stores and bars, in accordance with the requirements of the Huntington Beach Zoning and Subdivision Ordinance. 3. The proposed Conditional Use Permit No. 01-73 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 specific conditions required for the proposed use in the district in which it would be located, including a requirement for an on -premise adult manager, provision of bicycle parking facilities, and restrictions on hours of operation applied to minors. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the site's CG (Commercial General) Land Use Element designation. 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. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-73: 1. The site plan, floor plans, and elevations received and dated December 21, 2001 shall be the conceptually approved layout. 2. Prior to submittal for building permits, Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. The structure cannot be occupied and/or the use shall not commence until the following has been completed: a. A bicycle rack shall be provided/maintained adjacent to the entrance of the establishment. b. Submit a Fire Protection Plan for Fire Department approval in compliance with City Specification No. 426. (FD) c. Fire extinguishers will be installed and located in areas to comply with City Specification No. 424. (FD) d. Address numbers shall be installed to comply with City Specification No. 428. (FD) e. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 4. The use shall comply with the following: ® a. A maximum of 25 computers for rental and internet access shall be allowed. b. Each computer station shall have a working headset for that station that must be used. ZA Minutes 01/30/02 3 (02=0130) c. Inside music is not to interfere or be heard by surrounding tenants. d. A lobby area with seating for up to seven (7) people shall be provided for patrons waiting to be • seated at a computer station. e. At least one adult manager shall be on the premises during the time the game center is open to the public. (Code Requirement) f. There shall be a minimum of two (2) employees working during the hours of 4 p.m. and closing. g. Hours of operation -Adult patrons: Hours of operation shall be limited to between 10:00 a.m. to 12 a.m., Monday through Sunday. (P/PD) h. Hours of operation -Minors under 18 years of age: The establishment's owner, manager and employees shall not allow a minor under 18 years of age to enter the establishment during the hours the public schools of the district in which the establishment is located are in session, or after 9:00 p.m. on nights preceding school days, or after 10:00 p.m. on any night. It shall be the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours. (Code Requirement) i. The establishment's hours of operation, as applicable to adults and minors under 18 years of age respectively, shall be clearly posted at the entrance to the facility. j. No alcoholic beverage sales or consumption shall be allowed on the premises. (PD) k. A "NO LOITERING' sign, not exceeding two square -feet, shall be posted and displayed to the exterior of the premises at all times. No business identification, logo or other advertising shall be permitted on said sign. (PD) 1. No loitering shall be permitted within 300 feet from the game center's front entrance at any time. m. Employees shall police outside area and parking lot each night after closing to ensure there is no loitering and pick up any debris in parking area. n. Storefront glass shall not be obscured by curtains, blinds or other means, and shall be maintained free of promotional displays, advertisements, graphics etc. during business hours, to allow visibility into the establishment. (PD) o. Any computer/internet access machine providing access to adult -oriented web sites shall be posted "ADULTS ONLY". Reasonable care shall be taken to ensure that minors do not access adult web sites. p. An employee shall collect and hold an identification of each person using any Internet access machine and that person's time and workstation shall be logged in and out. Records of such logs shall be kept on the premises for a period of six months. (PD) q. It shall be the responsibility of each employee, manager and owner to notify the Huntington Beach Police Department of any illegal, unauthorized or suspicious Internet usage. r. A minimum of two security cameras (facing the entrance and registration desk) shall be provided throughout the premises. The applicant shall be required to record all surveillance of the premises during hours of operation. (P/PD) ZA Minutes 01/30/02 4 (02zm0130) 5. A review of the use shall be conducted by Staff without public hearing within six (6) months of the IS issuance of a Certificate of Occupancy to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning and 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 or floor plan 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: 1. Conditional Use Permit No. 01-73 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-73 shall become null and void unless exercised within one year of the date of final approval, which is January 30, 2003, 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. 01-73, 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 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. 5. 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 01/30/02 5 (02=0130) All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. 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 or outdoor dining 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, FEBRUARY 6, 2002 AT 1:30 PM. Ma et Broeren Zoning Administrator rmk • ZA Minutes 01/30/02 6 (02=0130)