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Home My WebLink About2002-06-19MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JUNE 19, 2002 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Rami Talleh, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: December 9, 1998 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 01-59 (SIMONS FENCE — CONTINUED ® FROM THE JUNE 5, 2002, MEETING WITH THE PUBLIC HEARING OPEN) APPLICANT/ PROPERTY OWNER: Claire G. Simons, 10331 Kamuela Drive, Huntington Beach, CA 92646 REQUEST: To permit a six-foot eight -inch high block wall in lieu of a maximum six feet along the rear property line of an existing single-family residential parcel. LOCATION: 10331 Kamuela Drive (north side of Kamuela Drive, west of Fiji Avenue) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff stated that the item was continued from the June 5, 2002 meeting at the applicant's request. Staff stated that the request is a result of a Code Enforcement action. Staff presented a review of the proposed project and 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. Mary Beth Broeren, Zoning Administrator, confirmed with staff that the block wall has already been constructed and that the addition closely matches the existing use. THE PUBLIC HEARING WAS OPENED. Claire G. Simons, 10331 Kamuela Drive, applicant, urged the Zoning Administrator's approval. Ms. Simons stated that the wall is for health and safety reasons due to the sprays and pesticides used at the nursery to the rear of her property. Ms. Broeren confirmed with the applicant that she is aware of the requirements for a building permit and a structural plan. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 01-59 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 15303 of the CEQA Guidelines. The project consists of construction of a small accessory structure. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-59: 1. Conditional Use Permit No. 01-59 to permit a six-foot eight -inch high block wall in lieu of a maximum six feet along the rear property line of an existing single-family residential parcel 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 additional eight inches of wall height added to the existing masonry wall will not have a detrimental impact on surrounding properties since the wall extension is proposed at the rear of the property, adjoining a nursery located on a Southern California Edison right-of-way. In addition, the wall extension is constructed of masonry block closely matching that of the existing wall. 2. The conditional use permit will be compatible with surrounding uses because the block added to the existing wall is constructed of masonry block closely matching that of the existing wall. 3. The proposed Conditional Use Permit No. 01-59 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 and Subdivision Ordinance authorizes deviations from fence height restrictions with approval of a Conditional Use Permit. • Z,A Minutes 06/19/02 2 (02=0619) 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 RL (Residential Low -Density) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. L.U. 4.2: Ensure that structures and sites are designed and constructed to maintain their long- term quality. b. L.U. 7.1.2: Require that development be designed to account for the unique characteristics of project sites and objectives for community character as appropriate. The use of masonry will ensure that the proposed fence will maintain its long-term quality. The proposed fence height accounts for the site's unique location adjacent to a nursery on a Southern California Edison utility right-of-way. The additional wall height provides additional privacy to the residential property and an appropriate buffer from the truck and tractor noise and the pesticide spray emanating from the nursery. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-59: 1. The site plan received and dated May 13, 2002 shall be the conceptually approved layout. 2. Building permits for the subject block wall shall be obtained within 60 days of the date of approval of Conditional Use Permit No. 01-59. 3. Structural calculations shall be prepared to comply with the Uniform Building Code and submitted ® concurrently with the building permit application. 4. 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 REOUIREMENTS: Conditional Use Permit No. 01-59 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-59 shall become null and void unless exercised within one year of the date of final approval which is June 19, 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. 01-59, 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. ZA Minutes 06/19/02 3 (02=0619) 0 ITEM 2• ENTITLEMENT PLAN AMENDMENT NO. 02-07 (AMENDMENT TO CUP NO. 01-73 — NETZONE 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: A request to amend a previously approved conditional use permit to permit an increase in the number of computers from twenty-five (25) computers to thirty-seven (37) computers. The increase in computers is proposed at a previously approved 1,250 sq. ft. internet caf6/game 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 stating the purpose, location and zoning of the requested project. Staff presented a review of the suggested findings and conditions of approval. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Staff stated that the Police Department recommended a condition that adult -oriented wed sites shall be positioned in a manner to obstruct visibility of adult content to minors. No written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, confirmed with staff that an existing caf6 is not currently in operation. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren confirmed with the applicant that they have read and understand the suggested conditions of approval. The applicant asked for confirmation that the required number of employees includes the manager. ENTITLEMENT PLAN AMENDMENT NO. 02-07 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. • ZA Minutes 06/19/02 4 (02zm0619) ® 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 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 — ENTITLEMENT PLAN AMENDMENT NO. 02-07: Entitlement Plan Amendment No. 02-07 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. 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 entitlement plan amendment 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 entitlement plan amendment 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 — ENTITLEMENT PLAN AMENDMENT NO.02-07: 1. The floor plans received and dated June 11, 2002 shall be the conceptually approved layout with the following modifications: a. Bathrooms shall be provided for each sex if determined to be necessary by Building and Safety Department. b. Floor plan shall show that access for disabled persons is provided and being met. c. The number of computers available for rent shall be reduced to 32 computers. ZA Minutes 06/19/02 5 (02=0619) 2. Prior to submittal for building permits: a. 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. b. Submit a disabled access plan and list all required items and status of meeting current compliance standards prior to issuancc of Building Permits. (B&S) 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 shail be installed to comply with City Specification No. 428. (FD) C. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. f. Any existing automatic fire sprinkler and alarm system must be maintained per the Huntington Beach Fire Code. 4. The use shall comply with the following: a. The number of computers may be increased to total of thirty-seven (37), upon review and approval of a parking study to be submitted after three months of operation. b. Each computer station shall have a working headset for that station that must be used. c. Inside music is not to in�,-_rfere or be heard by surrounding tenants. d. A lobby area with seating for one person for every five computers shall be provided in one area adjacent to the entrance for patrons waiting to be seated at a computer station. e. The doors within the exit corridor shall be closed at all times and shall only be used as in the case of emergency. f. At least one adult manager shall be on the premises during the time the game center is open to the public. (Code Requirement) g. There shall be a minimum of two (2) employees working during the hours of 4 p.m. and closing. h. Hours of operation -Adult patrons: Hours of operation shall be limited to between 6:00 a.m. to 12 a.m., Monday through Sunday. There shall be no patrons in the business after those designated closed times. (P/PD) ZA Minutes 06/19/02 6 (02zm0619) i. 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) j. 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. k. No alcoholic beverage sales or consumption shall be allowed on the premises. (PD) 1. 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) in. No loitering shall be permitted within 300 feet from the game center's front entrance at any time. n. 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. o. 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) p. 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. q. All computers providing access to adult -oriented wed sites shall be positioned in a manner to obstruct visibility of adult content to minors. (PD) r. 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) s. 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. t. The lounge, counter, all entrances/exits, all computer areas, and all fixed/permanent money handling areas shall have surveillance coverage through the use of security surveillance cameras. The cameras shall not be the scanning type. The cameras shall remain fixed and positioned to capture all areas for which it is installed in. The cameras must be operating during all business hours. Videotapes of the images captured from these cameras shall be maintained for a period of fourteen calendar days. (PD) u. The business shall post signs at the entrance doors and in the interior of the business that are clearly visible to patrons, these signs shall state that the business premises and all the patrons are under camera/video surveillance. (PD) ® v. There shall be no private rooms in the business (rooms with view -obscuring doors) that allow patron access except for restrooms. (PD) ZA Minutes 06/19/02 7 (02zm0619) 5. A review of the use shall be conducted by Staff without public hearing within six (6) months of the 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. Entitlement Plan Amendment No. 02-07 shall not become effective until the ten calendar day appeal period has elapsed. 2. Entitlement Plan Amendment No. 02-07 shall become null and void unless exercised within one year of the date of final approval which is June 19, 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 Entitlement Plan Amendment No. 02-07, 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. 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. 0 ZA Minutes 06/19/02 8 (02zm0619) 8. 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. ITEM 3: CONDITIONAL USE PERMIT NO. 02-24 (WHEEL FUN RENTALS) APPLICANT: Keith Bohr, 221 Main Street, Suite 5, Huntington Beach, CA 92648 PROPERTY OWNER: Arizona Partners, 6621 N. Scottsdale Road, Scottsdale, AZ 85250 REQUEST: To establish, maintain, and operate an outdoor display area for bicycle rentals (including customer pick-up/drop-off in association with a 1,170 sq. ft. retail suite. The proposed 360 sq. ft. display area is not adjacent to the retail suite but is located along Pacific Coast Highway. LOCATION: 300 Pacific Coast Highway, Suite 108 (north side of Pacific Coast Highway, east of Main Street; Pierside Pavilion) ® 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 detailed review of the suggested findings for denial as outlined in the staff report. Staff stated that the Design Review Board (DRB) reviewed and recommended changes to the proposed project. Staff presented concerns that were expressed by the Traffic Division and Community Services Department. Staff recommended denial of the request based upon the suggested findings as outlined in the staff report. Staff stated that in the alternative, suggested findings for approval have been prepared. Mary Beth Broeren, Zoning Administrator, reviewed the plans and photographs. Discussion ensued with staff concerning the suggested findings for denial, the comments received from the Traffic Division and Community Services Department, and the type of vehicles to be rented. THE PUBLIC HEARING WAS OPENED. Keith Bohr, 221 Main Street, Suite 5, representing the property owner, spoke in support of the proposed project. Mr. Bohr stated that Finding No. 3 represents exactly what they are trying to accomplish in order to invigorate the area and enhance pedestrian activity. Mr. Bohr approached and presented staff with a map and disclosure of the intended route. ZA Minutes 06/19/02 9 (02zm0619) Brian McInerney, 4526 Telephone Road #202, Ventura, representing Wheel Fun Rentals, spoke in support of the proposed project, urged the Zoning Administrator's approval and presented supporting reasons. Mr. McInerney presented a history of their business and how it operates in various cities throughout California as well as in other states. He presented a copy of the rules and regulations for the rentals requiring parental signatures for use by minors. Steve Seim, Marine Safety Officer, Community Services Department, opposed the use of surreys. Mr. Seim stated that they are not allowed on the service road between Beach Boulevard and Seapoint Avenue because of safety issues and a lack of adult supervision. He requested that if the item should be approved, that the aforementioned be included as a restriction. Ms. Broeren stated that she did visit the proposed sight. Discussions ensued concerning similar situations in other cities, in particular Santa Barbara and Solvang; staffs concerns as reflected in the suggested findings for denial; use of the surreys on City streets and/or sidewalks; types of existing bike rentals at the beach; ordinance against use of the double and single surreys on bike trails; an understanding of operation to be signed by customers; and safety issues related to congestion in the downtown area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that based upon the comments expressed by the Police Department, Public Works, and Community Services/Marine Safety there are serious safety concerns as well as concerns in setting a precedent. • Ms. Broeren stated that she was going to continue the request. She asked staff to research similar uses and experiences within other cities analogous to Huntington Beach's uniqueness. The applicant agreed to provide staff with a list of contacts in Santa Barbara in order to facilitate staffs research efforts and to meet a one -week continuance deadline. Ms. Broeren stated that if ultimately the request were approved, the period of time would be reduced with a six-month review. Ms. Broeren stated that after a six-month review, and based upon comments received, the item could be revoked. Ms. Broeren advised the applicant that traffic safety is not the only point at issue but also other concerns as were presented by staff at today's meeting. CONDITIONAL USE PERMIT NO. 02-24 WAS CONTINUED TO THE JUNE 26, 2002 MEETING WITH THE PUBLIC HEARING CLOSED. 0 ZA Minutes 06/19/02 10 (02zm0619) 0 THE MEETING WAS ADJOURNED AT 2:35 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, DUNE 26, 2002 AT 1:30 PM. 6:f�� 7 K Maryeth roeren Zoning Administrator rmk ZA Minutes 06/19/02 11 (02zm0619)