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HomeMy WebLinkAbout2002-10-30® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, OCTOBER 30, 2002 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE SCHEDULED ITEMS: ITEM 1: CONDITIONAL USE PERMIT NO. 02-44 (MARTINI BLUES) ® APPLICANT: PROPERTY Robert Colosia, 5874 Edinger Avenue, Huntington Beach, CA 92649 OWNER: Pan Pacific Property, 1631-13 South Melrose Drive, Vista, CA 92083 REQUEST: To permit a 1,994 sq. ft. expansion of an existing 3,300 sq. ft. supper club with live entertainment and alcohol sales to an adjacent vacant unit. The proposal includes a 10-space parking reduction based on a joint use parking analysis within an existing 151,931 sq. ft. shopping center. LOCATION: 5878 Edinger Avenue (southwest corner of Edinger Avenue and Springdale Street) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and photographs stating the purpose, location, zoning, and existing uses of the requested project. Staff corrected the notice stating that the proposal includes a 10-space parking reduction. Staff presented a review of the proposed project and suggested findings and conditions of approval emphasizing conditions no. 3.a and 4.a. Staff stated that there is no record of complaints received by either the code enforcement or police departments. Staff 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 request does not include ® dancing. THE PUBLIC HEARING WAS OPENED. Robert Colosia, 5874 Edinger Avenue, thanked staff for the efficient and pleasant manner in which the • request has been processed. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE .REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 02-44 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 the project consists of minor alteration to a commercial suite within an existing shopping center. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-44: Conditional Use Permit No. 02-44 for the expansion of an existing 3,300 sq. ft. supper club with • live entertainment and alcohol sales to an adjacent 1,994 square foot vacant unit including a 10- space parking reduction based on a joint use parking analysis within an existing 151,931 sq. ft. 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 expansion of the restaurant use will not create adverse noise or parking impacts to the surrounding businesses and residents. The live entertainment will be conducted indoors and setback approximately 200 feet from the closest residential property. There will be adequate parking for the use based on the varied hours of operation for existing businesses within the subject shopping center. 2. The conditional use permit will be compatible with surrounding uses because it is an expansion of an existing facility. The live entertainment will be conducted towards the front of the unit approximately 200 feet away from the closest residential property. Ample parking for the proposed restaurant expansion is available during the proposed hours of operation because the other businesses within the center operate at varied hours. In addition, the existing shopping center has all of the necessary facilities to accommodate the proposed use. The proposed Conditional Use Permit No. 02-44 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 any specific condition required for the proposed use in the district in which it would be located, with the exception of the parking reduction requested under the conditional use permit. The restaurant with live entertainment will be located within an existing ZA Minutes 10/30/02 2 (02zm1030) commercial center which conforms to setbacks, building heights, and landscaping requirements ® applicable to the General Commercial (CG) zoning designation. 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 Commercial General on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. 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, and capitalize on Huntington Beach's recreational resources (LU 10.1) b. Encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market area (ED 2.4.3) The proposed restaurant expansion and live entertainment will market its services to local residents and residents in the surrounding region thereby expanding the service -based commercial opportunities in the City. It will be located in an existing retail shopping center, which includes existing service related uses. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-44: 1. The site plan received and dated August 19, 2002, and the floor plans received and dated September 25, 2002, shall be the conceptually approved layout. • 2. The following conditions shall be completed prior to issuance of Building Permits: a. An automatic fire sprinkler system shall be installed throughout. For Fire department approval, plans shall be submitted to the Building Department as separate plans for permit. (FD) b. A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to the Building Department as separate plans for permits. 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) c. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of Certificate of Occupancy, the following shall be completed: a. Evidence of an agreement for the joint use parking shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the office of the County Recorder and filed with the City. (Code Requirement) b. The existing domestic water service and/or meter may potentially be utilized if it is of adequate size, conforms to current standards, and is in good working condition, as determined by the Public Works Department Water Division. If a new domestic water service and/or meter is required, the existing service and/or meter shall be abandoned per Water Division standards. A new domestic water service and/or meter shall be installed per Water Division standards and ® shall be sized to meet the minimum requirements set by the California Plumbing Code (CPC). The new water service shall be a minimum of 2" inches in size. (PW) ZA Minutes 10/30/02 3 (02zm1030) c. If a new or modified sprinkler system is required for the proposed use, it shall have a separate dedicated fire service connected to the public water main and an appropriate backflow protection device shall be installed per Water Division and Fire Department standards. (PW) • d. Fire extinguishers shall be installed and located in areas to comply with HBFC standards found in City Specification # 424 — Portable Fire extinguishers. (FD) e. Address numbers shall be installed to comply with City Specification #428 — Premise identification. Number sets may be required on front and rear of structure. (FD) f. Exit signs and exit path markings will be provided in compliance with Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low-level exit signs shall be included. (FD) 4. The use shall comply with the following: a. Upon request by the Planning Department, the applicant shall provide notification of any changes in use of tenants within the shopping center or changes in hours of operation, and provide a detailed parking analysis indicating the revised number of parking spaces available for the subject use. Based upon future changes in occupancy and hours of operation within the commercial center, and as indicated in a detailed parking analysis, the Planning Department reserves the right to amend the hours of operation based on available parking in the center, upon a 30-day notice to the applicant. b. The hours of operation shall be limited to those hours as specified in the narrative (7:00 p.m. to 2:00 a.m.) received and dated October 11, 2002. c. 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 is more restrictive than those set forth in this approval shall be adhered to. d. No loitering shall be permitted within the vicinity of the all restaurant entrances and exits at any time. e. Prior to commencing live entertainment activities, a copy of an approved Entertainment Permit, as issued by the Business License Department, shall be submitted to the Planning Department. f. All conditions of Conditional Use Permit No. 00-77. g. All conditions of the Entertainment Permit as approved by the Police Department. 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. • ZA Minutes 10/30/02 4 (02=1030) 11 6. 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: Conditional Use Permit No. 02-44 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-44 shall become null and void unless exercised within one year of the date of final approval, which is October 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. 02-44 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. 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. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 8. 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. 9. 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. 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. ZA Minutes 10/30/02 5 (02=1030) THE MEETING WAS ADJOURNED AT 1:43 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, NOVEMBER 6, 2002 AT 1:30 PM. 0 MaN Beth Broeren Zoning Administrator : rmk • • ZA Minutes 10/30/02 6 (02zm1030)