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HomeMy WebLinkAbout2003-02-05MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, FEBRUARY 5, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 02-56 (MOULIN ROUGE OUTDOOR DINING • APPLICANT: Vu Tran, 10126 Towneway Drive, El Monte, CA 91733 PROPERTY OWNER: Business Properties, 17631 Fitch, P.O. Box 19586, Irvine, CA 92623-9586 REQUEST: To allow outdoor dining with alcohol sales within an existing 391 sq. ft. patio area at an existing restaurant. LOCATION: 10142 Adams Avenue (Southeast corner of Adams Avenue and Brookhurst Street) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans stating the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the staff report, in particular the conditions imposed by the Police Department. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. One letter in opposition to the request was received expressing concern that minors would be exposed to alcoholic beverages. No other written or verbal comments were received in response to the public notification. • THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, stated that the conditions adequately address the concerns of the Police Department. CONDITIONAL USE PERMIT NO. 02-56 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 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 consists of minor alterations to an existing commercial building. 0 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-56: • Conditional Use Permit No. 02-56 for the establishment, maintenance and operation of outdoor dining with alcohol sales within an existing 391 sq. ft. patio area at an existing restaurant 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 sale of alcohol will be incidental to an established restaurant within an existing commercial shopping center. The proposed outdoor dining area is currently established as a porch adjacent to the entrance of the restaurant. The project will be conditioned to provide alarmed exits accessing the outdoor dining area and a six (6') foot high screen wall concealing the outdoor dining area. In addition the project will be conditioned to prohibit the sale of alcoholic beverages within the outdoor dining area after 10:00 pm. 2. The outdoor dining area with alcohol sales will be compatible with surrounding uses because the use is incidental to a restaurant, which is consistent with the character of the commercial shopping center. The restaurant will comply with the conditions of approval imposed and monitored by the Planning Department, Alcoholic Beverage Control (ABC), and the Huntington Beach Police Department to assure impacts to surrounding properties are minimized. 3. The proposed Conditional Use Permit No. 02-56 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 outdoor dining area with alcohol sales is allowed with a ZA Minutes 02/05/03 2 (03zm0205) conditional use permit and complies with the parking, floor area ratio, and building occupancy/exiting requirements. 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 General Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Achieve the development of a range of commercial uses. (Goal LU 10) b. Accommodate the development of neighborhood community, regional, office, and visitor - serving commercial uses in areas designated on the Land Use Plan Map. (Policy LU 10.1.1) The proposed outdoor dining area with alcohol sales will add to the range of commercial services provided within the existing shopping center. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-56: 1. The site plan received and dated on November 13, 2002, and floor plans received and dated October 23, 2002 shall be the conceptually approved layout with the following modifications: • a. A minimum six-foot high screen wall shall be constructed around the perimeter of the outdoor dining area. The screen wall shall bock visibility of the outdoor dining area. (PD) • b. Gated entries to the outdoor dining area shall be provided. (PD) 2. Prior to submittal for building permits, the following shall be completed: a. Provide a plan indicating required access for the disabled is provided and meets current code. Required access features or facilities not meeting the current requirements must be upgraded. (B&S) b. Provide a complete disabled access plan for outdoor dining area and list all required items and status of meeting current compliance standards. (B&S) c. 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. ZA Minutes 02/05/03 3 (03=0205) 3. The outdoor dining area cannot be occupied, the final building permits cannot be approved, and the Certificate of Occupancy cannot be issued until the following has been completed: a. A sign indicating the maximum occupancy load of the outdoor dining area shall be visibly posted within the patio. 4. The use shall comply with the following: a. The maximum occupant load is limited to 20 occupants. (B&S) b. Access for the disabled to the building entrance must not be blocked. (B&S) c. Paths of egress/ingress from the building shall not be blocked. (FD) d. 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. e. The sale of alcoholic beverages within the outdoor dining area shall be prohibited after 10:00 pm. (PD) f. Alcoholic beverages within the outdoor dining area shall be served by waiter/waitress. • (PD) g. The outdoor dining area shall be provided with alarms on all exits. (PD) h. Tables and chairs shall be not be removed from the outdoor dining area during business hours. (PD) i. All conditions of the Entertainment Permit as approved by the Police Department. 5. A review of the use shall be conducted by the Staff within six (6) months of the issuance of Certificate of Occupancy or final building permit approval 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, 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 • ZA Minutes 02/05/03 4 (03=0205) 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. 02-56 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-56 shall become null and void unless exercised within one year of the date of final approval which is February 5, 2004, 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. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 02-56, 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 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. ZA Minutes 02/05/03 5 (03zm0205) 9. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupy the outdoor dining area. 10. New fencing over forty-two (42") inches in height must have a building permit and engineering details, drawings, and calculations. (B&S) ITEM 2• CONDITIONAL USE PERMIT NO 02-67 (RICHARDSON RESIDENCE) APPLICANT/ PROPERTY OWNER: Kirk Richardson, 17292 Goldenwest Street, Huntington Beach, CA 92647 REQUEST: To construct a 1,055 sq. ft. second unit with a height of eighteen (18') feet located behind an existing dwelling unit on a 16,800 sq. ft lot. The application also includes a request to construct a six (6') foot high fence and vehicular privacy gate within the visibility triangle at the intersection of the driveway and alley. LOCATION: 17292 Goldenwest Street (East side of Goldenwest Street; south of Betty Drive) 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 presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the staff report, in particular the setbacks, parking and garage. Staff presented photographs of the existing gate and reviewed the visibility triangle. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and because the project complies with all Development Standards. Several telephone calls were received from the public inquiring into the nature of the proposed project. One member of the public inquired at the zoning counter with concerns regarding the height of the addition. No other written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, reviewed the photographs and plans for the garage expansion. Discussion ensued with staff concerning parking requirements and the maximum 3-point turn into the alley from the garage as set forth in Condition No. 2.b. THE PUBLIC HEARING WAS OPENED. Kirk Richardson, 17292 Goldenwest Street, applicant, approached the plans stating that the original plans were revised at the advice of the City. • ZA Minutes 02/05/03 6 (03zm0205) . THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 02-67 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, because the project consists of less than six multi -family units. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-67: 1. Conditional Use Permit No. 02-67 for the establishment, maintenance and operation of a 1,055 sq. ft. second unit on a 16,800 sq. ft lot and a six (6') foot high fence and vehicular privacy gate within the visibility triangle at the intersection of the driveway and alley 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 subject property will maintain the character of the single-family neighborhood in that the second unit is designed with features consistent with the other dwellings in the vicinity. The second unit will have a height a maximum height of eighteen (18') feet, a 2-car garage, and usable open space. The six foot high fence and privacy gate are located at the end of an alley where there is no cross traffic. In addition, the nearest driveway is approximately 40 feet away. 2. The conditional use permit will be compatible with surrounding uses because the second unit will maintain the character of the existing single-family neighborhood. The subject site is approximately 16,800 sq. ft. in size, which provides adequate space for a second unit with single-family amenities such as a 2-car garage, usable open space in the form of a yard, and a separate entrance. In addition the subject site maintains the feel and character of single-family property. The second unit is not visible from the public right of way, the required parking spaces are accessed from the alley, and the height of structure is comparable to the height of other structures in the area. 3. The proposed Conditional Use Permit No. 02-67 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 project complies with the density requirements and minimum lot area required for a second unit within a single-family zone. 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 Residential Low Density on the subject ZA Minutes 02/05/03 7 (03zm0205) property. In addition, it is consistent with the following goals and policies of the General . Plan: a. Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach (Goal LU 9) b. Locate and design garages so that they do not dominate the street frontage. (LU 9.1.2.e) The second unit provides for the economic, physical, and social needs in that the second unit will occupied by elderly relatives of the property owner who reside in the existing dwelling unit. In addition, the second unit will contribute to the character of the neighborhood by providing vehicular access from the alley. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-67: 1. The site plan, floor plans, and elevations received and dated November 15, 2002, shall be the conceptually approved layout with the following modifications: a. A six (6) high wall and privacy gate shall be located along the southern property line. 2. Prior to issuance of grading permits, the following shall be completed: a. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public • Works Department for review and approval. The following public improvements shall be shown on the plan: 1) A new domestic water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The water service shall be a minimum of 1-inch in size. 2) The existing 3/4" domestic water service and meter shall be abandoned per Water Division standards. 3) Show the location and method of connecting to the existing on -site sewer lateral. (A new sewer lateral connection to the public sewer system will not be permitted.) 4) Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). b. A vehicular turning drawing needs to be prepared and submitted for traffic division review, which depicts a vehicle backing out of the new double garage into the alley. The Design vehicle shall be a passenger car ("P" vehicle as defined by AASHITO) and must be able to be aligned southbound in the alley after a maximum 3-point turn. • ZA Minutes 02/05/03 8 (03zm0205) 0 3. Prior to issuance of building permits, the following shall be completed: a. All Fire Department requirements shall be noted on the building plans. (FD) b. Automatic sprinkler systems shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following (FD): 1) manual pulls; 2) water flow, valve tamper and trouble detection; 3) 24 hour supervision; and 4) voice communication. 4. The structure cannot be occupied, the final building permits cannot be approved, and utilities cannot be released until the following has been completed: • a. Complete all improvements as shown on the approved grading plans. b. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) 5. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Discovery of any contamination/pipelines, etc. must be reported to the Fire Department immediately and the approved work plan modified accordingly. (FD) 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, 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. 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. ZA Minutes 02/05/03 9 (03zm0205) INFORMATION ON SPECIFIC CODE REQUIREMENTS: i 1. Conditional Use Permit No. 02-67 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-67 shall become null and void unless exercised within one year of the date of final approval which is February 5, 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. 02-67, 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. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 8. State -mandated school impact fees shall be paid prior to issuance of building permits. Park Land In -Lieu Fees shall be paid at issuance of building permits. 9. 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. :7 ZA Minutes 02/05/03 10 (03=0205) 0 10. An encroachment permit shall be required for all work within the right-of-way. (PW) • 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 1:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, FEBRUARY 12, 2003 AT 1:30 PM. Mary Beth Broeren—� Zoning Administrator rmk ZA Minutes 02/05/03 11 (03zm0205)