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HomeMy WebLinkAbout2002-10-09• MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, OCTOBER 9, 2002 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Ron Santos, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: September 25, 2002 CONTINUED TO THE OCTOBER 16, 2002 MEETING ORAL COMMUNICATION: NONE ® ITEM 1: CONDITIONAL USE PERMIT NO.02-43 (BEVERAGES & MORE) APPLICANT: Steve McLaren, 1470 Enea Circle, Suite 1600, Concord, CA 94520 PROPERTY OWNER: Beach Terry Partners, LLC, 18801 Ventura Boulevard, Suite 300, Tarzana, CA 91356 REQUEST: To permit the retail sale of alcoholic beverages for off -site consumption in an existing 11,500 sq. ft. suite within an existing shopping center. LOCATION: 16672 Beach Boulevard, Suites F and I (east side of Beach Boulevard, south of Heil Avenue) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs stating the purpose, location, zoning, and existing uses of the requested project. Staff stated that the request should have been noticed as having an existing 11,500 sq. ft. suite. Staff presented a review of the proposed project and 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 two telephone calls were received from neighboring property owners concerning the current concentration of liquor stores in the area and the potential for increased traffic and noise caused by the loading and unloading operations. No other written or verbal comments were received in response to the public notification. 0 Mike Strange, Acting Zoning Administrator, reviewed the plans with staff. A general discussion ensued concerning the conditioned landscaping and the concerns expressed in the telephone calls received by staff. • THE PUBLIC HEARING WAS OPENED. Steve McLaren, 1470 Enea Circle, Suite 1600, Concord, CA, applicant, opposed the conditioned landscape plan stating that the landscaping is a landlord responsibility. Kathryn Baca, 16741 Irby Lane, neighboring property owner, stated that they have met with the City Council in an effort to stop trucks from traveling through their tract on Terry Drive. Ms. Baca stated that they are in the process of obtaining signatures for a petition to accomplish the foregoing.._ Kittie Thomas, 8161 Terry Drive, neighboring property owner, voiced traffic and safety concerns that would impact the neighborhood as well as children. Ms. Thomas also stated that the proposed project would increase traffic. Mary McCaw, 8131 Terry Drive, neighboring property owner, voiced concerns related to noise and the recently installed truck bay and vibrations to her home caused by the delivery and refrigeration trucks. Ms. McCaw asked if a sound study has been conducted and stated that security needs to be provided. Tamzi Richardson, 8141 Terry Drive, neighboring property owner, also voiced noise and vibration concerns caused by trucks. 0 Kim Ato, 8151 Terry Drive, neighboring property owner, supported the foregoing concerns. Ms. Ato asked if 18-wheel trucks would be restricted. She also voiced concern that the liquor store would attract indigent and homeless persons as well as minors. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Strange and staff addressed the concerns that were expressed above by the neighboring property owners. Staff stated that the Traffic Division of the Public Works Department determines the route and truck weight limit. Discussion ensued concerning the type and size of the trucks. Staff suggested a six-month review of the request by the Zoning Administrator. Mr. Strange stated that he was going to approve the request with modifications to the suggested conditions of approval by adding the following: Condition No. 5: Truck deliveries/loading/unloading of merchandise may occur only between the hours of 7:30 a. in. and 3:30 p.m., Monday through Saturday. • ZA Minutes 10/09/02 2 (02zm1009) Condition No. 6: ® 6. A review of the use shall be conducted by staff and, presented at a public hearing before the Zoning Administrator on or about a date six months following issuance of certificate of occupancy. At that time the Zoning Administrator may consider modifications to the conditions of approval. CONDITIONAL USE PERMIT NO.02-43 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 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. The project consists of the operation and minor alteration of an existing commercial structure involving negligible or no expansion of use beyond that previously existing. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.02-43: Is 1. Conditional Use Permit No. 02-43 to permit the retail sale of alcoholic beverages for oil site consumption in an existing 11,000 sq. ft. suite within an existing 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 proposed use will contribute to the viability of the commercial center by attracting customers and generating lease revenue, thus improving the value of property in the neighborhood. The proposed facility will not generate noise, traffic, demand for parking or other impacts at levels inconsistent with the commercial zoning applicable to the property. • 2. The conditional use permit will be compatible with surrounding uses. The proposed retail establishment will be operated in an existing commercial shopping center, adjacent to other commercial uses of similar nature and intensity. 3. The proposed Conditional Use Permit No. 02-43 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 proposed retail establishment is permitted in the CG base district, subject to conditional use permit approval, pursuant to Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance — CO, CG, and CV Districts: Land Use Controls. No new construction is proposed. ZA Minutes 10/09/02 3 (02zm1009) 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 CG (Commercial General) on the subject is property. In addition, it is consistent with the following goals and policies of the General Plan: LU 10.1.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City and capitalize on Huntington Beach's recreational resources. LU 10.1.12: Require that Commercial General uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including incorporation of site landscaping, particularly along street frontages and in parking lots. Conditional Use Permit No. 02-43 is approved subject to compliance with the requirements of Section 232.12 of the Huntington Beach Zoning and Subdivision Ordinance, which requires existing development to comply with current tree quantity and size requirements at the time of exterior modification. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-43: 1. The site plan, floor plans, and elevations received and dated August 6, 2002 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the 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. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. A landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials shall be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The landscape plan shall provide for conformance with the requirements of Section 232.12 of the HBZSO and applicable Design Guidelines. b. To maintain required emergency access and site safety during project construction phases, a Fire Protection Plan in compliance with City Specification No. 426 — Fire Safety Requirements for Construction Sites shall be submitted for review and approval by the Fire Department. (FD) c. Plans for an automatic fire sprinkler system shall be submitted as separate plans for permits to the Building & Safety, for review and approval by the Fire Department. (FD) d. Shop drawings for a fire alarm system in compliance with the Huntington Beach Fire Code shall be submitted as separate plans for permits to the Building & Safety Department, for ZA Minutes 10/09/02 4 (02=1009) review and approval by the Fire Department The system shall provide water flow, tamper, and trouble alarms, manual pull stations, interior and exterior horns and strobes, voice ® communication and 24-hour central station monitoring. (FD) 4. The structure(s) cannot be occupied, the final building permit(s) cannot be approved and a Certificate of Occupancy cannot be issued until the following has been completed: a. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to the final landscape inspection and approval. b. Applicant shall provide the City with Microfilm copies (in City format) and CD (AutoCAD only) copy of complete City approved landscape construction drawings as stamped "Permanent File Copy" prior to starting landscape work. Copies shall be given to the City Landscape Architect for permanent City record. c. Automatic sprinkler systems shall be installed throughout. (FD) d. Address numbers shall be installed to comply with City Specification No. 428 — Premise Identification. Number sets may be required on font and rear of structure. (FD) e. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification 9424 — Portable Fire Extinguishers. (FD) f. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. (FD) g. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) h. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 5. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance shall be adhered to during remodeling and/or construction. All activities including truck deliveries associated with construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) 6. 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. 7. Truck deliveries/loading/unloading of merchandise may occur only between the hours of 7:30 a.m. and 3:30 p.m., Monday through Saturday. ® 8. A review of the use shall be conducted by staff and presented at a public hearing before the Zoning Administrator on or about a date six months following issuance of certificate of occupancy. At that time the Zoning Administrator may consider modifications to the conditions of approval. ZA Minutes 10/09/02 5 (02zm1009) 9. 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, elevations and floor plans 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. 10. 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. 02-43 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-43 shall become null and void unless exercised within one year of the date of final approval which is October 9, 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. 02-43, 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. 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 ZA Minutes 10/09/02 6 (02zm1009) requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. 9. An encroachment permit shall be required for all work within the right-of-way. (PW) 10. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. 11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. THE MEETING WAS ADJOURNED AT 2:10 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, OCTOBER 16, 2002 AT 1:30 PM. Mike Strange, Acting Zoning Administrator rmk ZA Minutes 10/09/02 7 (02zm1009)