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HomeMy WebLinkAbout2002-06-260 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DUNE 26, 2002 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE Item 2 was moved to the front of the agenda. Please note that the Minutes will reflect actions taken in their original order. ITEM 1: CONDITIONAL USE PERMIT NO. 02-24 (WHEEL FUN RENTALS — CONTMUED FROM THE DUNE 19, 2002 MEETING WITH THE PUBLIC HEARING CLOSED 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 stated that the item was continued from the previous Zoning Administrator meeting because of concerns regarding placement of the display area and traffic impact. Staff stated that the Zoning Administrator directed staff to research similar uses and experiences within other cities analogous to Huntington Beach's uniqueness. Staff presented a survey based upon information from the cities of Monterey, Solvang, and Santa Barbara. THE PUBLIC HEARING WAS RE -OPENED. Brian McInerney, 4526 Telephone Road #202, Ventura, representing Wheel Fun Rentals, spoke in support of the proposed project. Keith Bohr, 221 Main Street, Suite 5, representing the property owner, spoke in support of the proposed project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren, staff, Mr. McInerney, and Mr. Bohr engaged in discussions concerning staff alternate findings and conditions of approval. Ms. Broeren stated that she was going to approve the request subject to a three-month review. She asked staff to incorporate the following modifications: Finding No. 1: Conditional Use Permit No. 02-24 for the establishment, maintenance and operation of the outdoor display area for bicycle rentals (including customer pick-up/drop-off) in association with a 1,170 sq. ft. retail suite 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 proposed 300 sq. ft. display area will be located approximately 100 feet away from the retail suite, along Pacific Coast Highway. The display area will be cordoned off so that it does not conflict with the pedestrian oriented activities taking place along pacific Coast Highway and within the Pierside Pavilion plaza. The display area will be setback five (5) feet from the is public right-of-way along Pacific Coast Highway. Finding No. 4: The display area will be approximately 300 sq. ft. in size. In addition the display area will be cordoned off in order to ensure that the building storefronts, public sidewalks, and commercial carts and kiosks are visually and physically accessible. Condition No. 1: a. The display area shall be reduced to 20'-0" by 15'-0". b. The display area shall be cordoned off on three (3) sides including the side fronting on Pacific Coast Highway. c. The display area shall be setback five feet from the public right-of-way. Delete Condition No 2 and replace with the following: 2. The display area shall consist of the vehicle display and podium. Condition No. 4: No signage, including human beings utilized as signs, shall be permitted within the display area except for a directory sign no more than four (4) sq. ft. in size. Add a new Condition No. 9: A review of the use shall be conducted by Staff with a public hearing within three (3) months of is 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. ZA Minutes 06/26/02 2 (02zm0626) • CONDITIONAL USE PERMIT NO.02-24 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED 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 and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project constitutes a minor use of land having negligible or no permanent effects on the environment. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-24: Conditional Use Permit No. 02-24 for the establishment, maintenance and operation of the outdoor display area for bicycle rentals (including customer pick-up/drop-oft) in association with a 1,170 sq. ft. retail suite 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 proposed 300 sq. ft. display area will be located approximately 100 feet away from the retail suite, along Pacific Coast Highway. The display area will be cordoned off so that it does not conflict with the pedestrian oriented activities taking place along pacific Coast Highway and within the Pierside Pavilion plaza. The display area will be setback five (5) feet from the public right-of-way along Pacific Coast Highway. 2. The conditional use permit will be compatible with surrounding outdoor commercial activities taking place within the Pierside Pavilion south plaza. The display area is located along Pacific Coast Highway and surrounded with cordons so as not to interfere with the activities of the existing carts and kiosks and pedestrian traffic. The proposed Conditional Use Permit No. 02-24 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision. Outdoor display areas are permitted with approval of a conditional use permit. 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 Vertical — Specific Plan — Pedestrian Overlay on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: 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. LU 15.2.2-A: Incorporate uses that stimulate pedestrian activity in the first floor along the street frontage. LU 15.2.2-C: Assure that areas between building storefronts and public sidewalks are visually and physically accessible to pedestrians. ZA Minutes 06/26/02 3 (02zm0626) The display area will be approximately 300 sq. ft. in size. In addition the display area will be cordoned off in order to ensure that the building storefronts, public sidewalks, and commercial carts and kiosks are visually and physically accessible. . CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-24: 1. The site plan received and dated April 19, 2002, and the floor plans received and dated May 24, 2002 shall be the recommended layout with the following modifications: a. The display area shall be reduced to 20'-0" by 15'-0". b. The display area shall be cordoned off on three (3) sides including the side fronting on Pacific Coast Highway. c. The display area shall be setback five feet from the public right-of-way. 2. The display area shall consist of the vehicle display and podium. 3. The vehicles shall be secured with locking mechanisms at all times while being displayed. 4. No signage, including human beings utilized as signs, shall be permitted within the display area except for a directory sign no more than four (4) sq. ft. in size. 5. All vehicles and cordons shall be removed and stored at the retail suite after business hours. 6. A bicycle route shall be submitted to the Planning Department for review and approval. 7. All applicable City ordinances related to the use of two, three and four wheeled vehicles within the public right of ways and beach facilities should be posted within the retail suite in clear view of iscustomers. B. The business manager shall provide customers with the entire applicable city and state codes relating to the use of two, three, and four wheeled vehicles and an approved bicycle route. Customers shall be required to sign a statement indicating that they have read and understood all the ordinances and agree to utilize bicycle route when departing from and arriving to the retail suite. 9. A review of the use shall be conducted by Staff with a public hearing within three (3) 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: Conditional Use Permit No. 02-24 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-24 shall become null and void unless exercised within one year of the date of final approval which is June 26, 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. 0 ZA Minutes 06/26/02 4 (02=0626) 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 02-24, 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. 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 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. 7. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to commencement of the use. ® ITEM 2: CONDITIONAL USE PERMIT NO.02-15NARIANCE NO. 02-07 (KAHALE INDUSTRIAL BUILDING) APPLICANT: Daniel Kahale, 8927 Swordfish Lane, Fountain Valley, CA 92708 PROPERTY OWNER: Roy A. Cunningham, 922 Hyde Court, Costa Mesa, CA 92626 REQUEST: CUP: To permit the construction of a 3,862 sq. ft. industrial building for automobile oil change, lube and smog testing services on a substandard parcel. The net lot area is 7,674 sq. ft. in lieu of the minimum required lot area of 20,000 sq. ft.; and to permit a reduction in parking based on the proposed mix of uses (storage, office, and auto repair). VAR. To permit a minimum 10 ft. front yard setback in lieu of an average of 20-feet and to permit a two -foot six-inch interior landscape planter width in lieu of three feet and permit a two -foot vehicle overhang. LOCATION: 7422 Warner Avenue (southeast corner of Warner Avenue and Palmdale Street) PROJECT PLANNER: Paul Da Veiga STAFF RECOMMENDS: Approval with suggested findings and conditions of approval Paul Da Veiga, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. 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. ZA Minutes 06/26/02 5 (02zm0626) Staff stated that the following comments have been received: 1. Two letters opposing the reduced parking request received from the following: • Ray Galvin, SkillCraft Body Shop, Inc., neighboring property owner, located at 17072 Gothard Street, dated June 18, 2002. • Virginia Vela, Chuck's Glass, neighboring property owner, located at 17051 Palmdale Street dated June 26, 2002. 2. Code Enforcements concerns regarding potential for parking on the street by inoperable vehicles, motor homes, or campers. 3. Two telephone calls concerning existing parking problems. No other written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, stated that she received a letter from Donald R. Tyler, Beach City Animal Hospital, neighboring property owner, located at 7412 Warner Avenue, dated June 25, 2002, objecting to the reduced parking request. Ms. Broeren reviewed with staff the suggested conditions of approval in particular the recording of the covenant and the proposed uses. THE PUBLIC HEARING WAS OPENED. William Goodman, 17032 Palmdale Street, neighboring property owner to the rear of the proposed project, opposed the reduction in parking. John Vaughan, 7472 Warner Avenue, neighboring property owner to the east of the proposed project, questioned the use of the storage area and length of time that vehicles would be parked on the site. Mr. Vaughan opposed the reduction in parking, setback and landscaping. He emphasized the potential for accidents with children going to and from school. Dick Harlow, 211-B Main Street, representing the applicant, urged the Zoning Administrator's approval. Mr. Harlow stated that the proposed project is a legal building site; that the applicant's intent is to limit the size to accommodate lube and maintenance services; that the bank requires the requested square footage for the building; that the site will be free from auto storage since customers will be waiting on the site; and that the building is designed for industrial uses. Mr. Harlow presented an outline reflecting how the operation will be run. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren, staff and the applicant engaged in discussions concerning: • Joint use parking, zoning code requirements, and floor area ratio. • Employee parking on site. • Services to be provided and timeframe. • Parking and useable floor area if the use were to recycle to an industrial use. ZA Minutes 06/26/02 6 (02zm0626) Ms. Broeren stated that she did visit the site, acknowledged that parking is a major issue and expressed concerns. She questioned the request for a reduction in parking under a conditional use permit and explained the process thereof. Ms. Broeren proposed a denial of the request or a continuance based upon the following reasons: • Parking is inadequate and in an area already severely impacted. • The maximum amount of landscaping under the Zoning Code is needed because the proposed project is located within the General Plan's major urban scenic corridor. • Determination needs to be conducted as to how the legal use of the lot was created and what the chain of title is. • Staff needs to determine if a certificate of compliance exists. • The applicant needs to determine if the size of the proposed building can be reduced. • Staff needs to determine if the request for parking should be re -advertised as a variance. The applicant agreed to a four -week continuance. CONDITIONAL USE PERMIT NO.02-15NARIANCE NO. 02-07 WERE CONTINUED TO THE JULY 24, 2002 MEETING WITH THE PUBLIC HEARING CLOSED. THE MEETING WAS ADJOURNED AT 2:40 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JULY 3, 2002 AT 1:30 PM. MaVy Bethl3roeren Zoning Administrator :rmk ZA Minutes 06/26/02 7 (02zm0626)