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HomeMy WebLinkAbout2003-02-260 • 0 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, FEBRUARY 26, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: STAFF MEMBER: MINUTES: ORAL COMMUNICATION: Mary Beth Broeren Rami Talleh, Ron Santos, Paul Da Veiga, Ramona Kohlmann (recording secretary) NONE NONE ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 02-22/CONDITIONAL USE PERMIT NO. 02-42 (LEWIS RESIDENCE — CONTINUED FROM THE DECEMBER 18, 2003 MEETING WITH THE PUBLIC HEARING CLOSED) APPLICANT: Michael Mehalick, 525 A Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: Rich and Sandy Lewis, 16472 Malden Circle, Huntington Beach, CA 92649 REQUEST: CDP: To construct a 2,897 sq. ft. second story addition and a 1,688 sq. ft. third story addition to an existing single family dwelling. CUP: To construct the dwelling with a third story at a height of 34'-11." LOCATION: 16472 Malden Circle (north side of Malden Circle west of Gilbert Drive) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, stated that the applicant has requested a continuance to the March 19, 2003 meeting in order to redesign the project, and to bring the project into compliance with the City's code requirements. AS THIS ITEM WAS CONTINUED WITH THE PUBLIC HEARING CLOSED, THE PUBLIC HEARING WAS NOT OPENED. COASTAL DEVELOPMENT PERMIT NO. 02-22/CONDITIONAL USE PERMIT NO. 02-42 WERE CONTINUED TO THE MARCH 19, 2003 MEETING WITH THE PUBLIC HEARING CLOSED. ITEM 2: CONDITIONAL USE PERMIT NO. 03-06 (RICO CAFE ALCOHOL SALES APPLICANT: Evan F. Hadnot, 9556 Hamilton Avenue, Huntington Beach, CA 92646 PROPERTY OWNER: Hamilton Properties, c/o Kenneth Reynolds, 9421 Leilani Drive, Huntington Beach, CA 92646 REQUEST: To (a) permit the sale of beer and wine for on -site consumption at an existing 750 sq. ft. restaurant and (b) to allow outdoor dining contiguous to the storefront with seating for approximately six persons. LOCATION: 9556 Hamilton Avenue (south side of Hamilton Avenue, west of Bushard Street) 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 presented a review of the proposed project and the suggested conditions of approval as outlined in the staff report. Staff recommended approval of the request as proposed and based upon the findings and subject to the conditions as outlined in the staff report. Staff stated that there is no history of any Code Enforcement violations at the existing site. THE PUBLIC HEARING WAS OPENED. Evan F. Hadnot, 9556 Hamilton Avenue, applicant, stated that they were present and available to answer any questions. Kenneth Reynolds, 9421 Leilani Drive, property owner, spoke in support of the proposed project. Mr. Reynolds questioned the necessity for the following conditions: • Condition No. 2. • Condition No. 3.b • Specific Code Requirement No. 5 • Specific Code Requirement No. 8 THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, and staff engaged in discussions in response to Mr. Reynold's questions. Ms. Broeren explained that the City is compelled to uphold the requirements of the Uniform Building Code. ZA Minutes 02/26/03 2 (03=0226) CONDITIONAL USE PERMIT NO. 03-06 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. 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. 03-06: 1. Conditional Use Permit No. 03-06 to (a) permit the sale of beer and wine for on -site consumption at an existing 750 sq. ft. restaurant and (b) to allow outdoor dining contiguous to the storefront with seating for approximately six persons 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 not generate noise, traffic, demand for parking or other impacts at levels inconsistent with the commercial zoning applicable to the subject property. 2. The conditional use permit will be compatible with surrounding uses, since the request represents only a negligible expansion of an existing restaurant use, on a commercially zoned property intended to serve the surrounding residential population. The proposed Conditional Use Permit No. 03-06 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 use is permitted in the CN (Commercial Neighborhood) zone, subject to conditional use permit approval, pursuant to Section 211.04 of the Huntington Beach Zoning & Subdivision Ordinance — CO, CG and CV Districts: Land Use Controls. No new construction is proposed. 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 Neighborhood on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 7.1.2: Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. 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 ZA Minutes 02/26/03 3 (03zm0226) the surrounding region, serve visitors to the City and capitalize on Huntington Beach's recreational resources. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-06: 1. The site plan and floor plan received and dated January 15, 2003, 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 commencement of alcohol sales and outdoor dining the following shall be completed: a. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) b. 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. Low level exit signs will be included. (FD) • c. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 4. The use shall comply with the following: a. 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. b. Alcohol service/consumption shall be prohibited outdoors. c. A 48-inch minimum clear path of travel shall be maintained on the storefront sidewalk. 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. 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. 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. ZA Minutes 02/26/03 4 (03zm0226) W INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 03-06 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03-06 shall become null and void unless exercised within one year of the date of final approval which is February 26, 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. 03-06, 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. 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 permi(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. 8. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. 9. Live entertainment is not permitted unless a conditional use permit for this specific use is reviewed and approved. ZA Minutes 02/26/03 5 (03zm0226) ITEM 3• CONDITIONAL USE PERMIT NO 02-69 (COWLEY PROPERTY) APPLICANT: Ron Cuha, 8700 Warner Avenue, Suite 240, Fountain Valley, CA 92708 PROPERTY OWNER: Deborah Cowley, 8700 Warner Avenue, Suite 240, Fountain Valley, CA 92708 REQUEST: To construct one three-story single-family dwelling on each of two contiguous lots with a grade differential greater than three feet between the high and low points. The proposed dwellings are 34- ft. 2-in. tall/3,240 sq. ft. and 32 ft. 11 in./3,154 sq. ft., respectively, and include third floor decks oriented toward Delaware Street. LOCATION: 701 and 703 Delaware Street (northwest corner of Delaware Street and Geneva 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 presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the staff report. Staff reviewed the historic significance of the proposed site and stated that the City's historic board expressed no opposition to the proposed project. Staff stated that the applicant has no objection to suggested Condition No. Le requiring a plaque identifying the property as the site of the City's first mayor. Staff stated that the Infill Lot Ordinance has been reviewed in conjunction with the proposed project. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. One telephone call was received opposing the request based upon a lack of parking in general in the neighborhood. Staff met with an adjacent property owner to the north of the proposed site to discuss the minimum setback requirements. THE PUBLIC HEARING WAS OPENED. Rosemary Morrow, 615 California Street, neighboring property owner, opposed the addition of a third story. Ron Cuha, 8700 Warner Avenue, Suite 240, Fountain Valley, applicant, spoke in support of the third story addition. Tim Manzo, 705 Delaware Street, neighboring property owner to the north of the proposed project, objected to a third story addition near his residence and requested a five foot setback from the property line. 0 ZA Minutes 02/26/03 6 (03=0226) • THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, and the applicant discussed moving the setbacks on the north and south property lines to 5'-1" and 3'-1", respectively. The applicant, Mr. Manzo and staff agreed to the foregoing. Ms. Broeren and staff engaged in a discussion concerning the necessity to add a condition requiring notification of the Infill Lot Ordinance prior to the issuance of final building permits. Ms. Broeren stated that the foregoing would not be necessary given the fact that the surrounding property owners were noticed. Ms. Broeren stated that she was going to approve the request with the following modification: Add new Condition No. 1.a: a. The dwelling proposed at 703 Delaware Street shall be setback 5'-1" from the north property line and 3'-1" from the south property line. CONDITIONAL USE PERMIT NO. 02-69 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED 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 15303 of the CEQA Guidelines, because the project consists of construction of two single-family homes on a previously developed lot in an urbanized area. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-69: Conditional Use Permit No. 02-69 to construct one three-story single-family dwelling on each of two contiguous lots with a grade differential greater than three feet between the high and low points 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 dwellings will be constructed in a single-family residential neighborhood predominantly developed with two and three story homes of comparable height and value. 2. The conditional use permit will be compatible with surrounding uses because the project site grade matches the grade of the adjacent properties. The design, materials, size and massing of the proposed dwellings are comparable to other dwellings existing in the neighborhood. ZA Minutes 02/26/03 7 (03=0226) 3. The proposed Conditional Use Permit No. 02-69 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, including parking requirements, maximum building height, maximum lot coverage, and minimum yard setbacks. 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 RMH-25-d (Residential Medium High Density — 25 dwelling units per acre maximum — design overlay) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 9.2.1: Require that all new residential development within existing neighborhoods be compatible with existing structures including: b. LU 9.2. lb: Use of building heights, grade elevations, orientation, and bulk that are compatible with the surrounding development; c. LU 9.2.1d: Maintenance of privacy on abutting residences. The proposed building pad elevations, building height and bulk are comparable to that of the surrounding neighborhood. All windows in the proposed dwellings which align with windows on existing dwellings, and all bathroom windows oriented toward existing dwellings, will be fitted with obscure glass to maximize privacy on abutting residences. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-69: 1. The site plan, floor plans and elevations received and dated February 7, 2003 shall be the conceptually approved layout with the following modifications: a. The dwelling proposed at 703 Delaware Street shall be setback 5'-V from the north property line and 3'-1" from the south property line. b. Windows on the second floor of the dwelling proposed at 703 Delaware Street which align with windows on the 2"d floor of the dwelling existing at 705 Delaware (two at hallways; 1 at stairway) shall be fitted with obscure glass or realigned as necessary for conformance with the requirements of HBZSO Section 230.22. (Code Requirement) c. Translucent glass shall be used for all bathroom windows facing existing residences. (Code Requirement) d. The interior dimensions of each proposed garage shall comply with HBZSO standards and shall be noted on the floor plans. (Code Requirement) e. The retaining wall and fence proposed along the front property line of 701 Delaware Street shall be finished with a stone veneer matching the wainscot on the front/east elevation. f. A plaque identifying the property as the site of the City's first mayor shall be embedded in the retaining wall proposed along the front property line. The design and location of the plaque shall be subject to review and approval by the Planning Department. g. The retaining wall and fence proposed along the front property line of 703 Delaware • Street shall be finished with plaster matching the front/east elevation or other finish ZA Minutes 02/26/03 8 (03zm0226) ledissimilar to that used for the wall/fence at 701 Delaware Street, subject to review and approval by the Planning Department. h. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) i. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) j. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. k. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 2. Prior to issuance of demolition permits, the following shall be completed: a. The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCB's. These requirements include but are not limited to: survey, identification of removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. b. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. 3. 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) Curb, gutter and sidewalk along the Delaware Street and Geneva Avenue frontages, per City Standard Plan Nos. 202 and 207. 2) A 35-foot radius curb return at the northwest corner of Delaware Street and Geneva Avenue with drainage culvert reconstruction. ZA Minutes 02/26/03 9 (03zm0226) 3) An alley approach per City Standard Plan No. 210, modified to accommodate the existing power pole at the easterly side. 4) An ADA compliant access ramp at the Delaware Street and Geneva Avenue corner, unless pavement is flush with top of curb because of subsurface drainage culverts. 5) Pavement for half -width of existing alley plus pavement for 2.5-feet of additional alley dedication. 6) Sewer lateral for each lot. 7) 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. 8) A separate backflow protection device shall be installed, per Water Division standards for each new domestic water service. 9) The existing domestic water service and meter shall be abandoned per Water Division standards. 10) 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). 11) Street light with underground conduit and conductors along Geneva Avenue near the curb return at Delaware Street. 12) Arrangements for relocating existing wood poles with overhead electrical power, • telephone, and cable TV lines (or place the lines underground) as necessary to accommodate curb return construction and street light installation. Such relocation work will likely include placing underground conduits and conductors to serve an existing street light along Delaware Street approximately 100 feet northerly of Geneva Avenue. b. A soils report, prepared by a Licensed engineer shall be submitted for reference only. (PW) c. If soil remediation is required, a remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties; details on how all drainage associated with the remediation efforts shall be retained on site and no wastes or pollutants shall escape the site; and shall also identify wind barriers around remediation equipment. d. The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material is required. This plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction -related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. (PW) • ZA Minutes 02/26/03 10 (03=0226) e. A grading/erosion control plan shall be completed and must abide by the provisions of AQNM's Rule 403 as related to fugitive dust control; and provide a plan to the Department of Public Works indicating such compliance. f. Blockwall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Planning Department. Double walls shall be prohibited. Prior to construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. 4. 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) c. A detailed soils analysis shall be prepared by a Licensed Soils Engineer and submitted with the building permit application. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of • underground items including buried pipe and concrete and the protection thereof. (BD) d. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) 5. Prior to issuance of building permits, the following shall be completed: a. A landscape plan shall be prepared and submitted for review and approval by the Park, Tree and Landscape Division showing plant materials and irrigation system installation. The plan shall include relocating the existing palm tree (Phoenix Canariensis) at the curb return on Delaware to a location northerly along the Delaware frontage to accommodate curb return construction as well as provide adequate sight distance. Relocation shall be in accordance with common nursery transplanting standards. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (PW) b. The Consulting Arborist (approved by the City Landscape Architect) shall review the final landscape tree planting plan and approve in writing the selection and locations proposed for new trees and the protection measures and locations of existing trees to remain. Existing trees to remain shall also be addressed by said Arborist with recommendations/ requirements for protection during construction. Said Arborist report shall be ZA Minutes 02/26/03 11 (03zm022.6) incorporated onto the Landscape Architect's plans as construction notes and/or construction requirements. The report shall include the Arborist's name, certificate number and the Arborist's wet signature on the final plan. (PW) 6. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (PW) b. Wet down the areas that are to be graded or that are being graded, in the late morning and after work is completed for the day. (PW) c. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (PW) d. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) e. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) 7. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released until the following has been completed: a. All improvements as shown on approved grading, landscape and building plans. b. 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. (PW) c. 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. (PW) d. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) e. The project shall comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and Fire Department City Specification No. 429 for new construction within the methane gas overlay districts. (FD) f. 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. g. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. ZA Minutes 02/26/03 12 (03zm0226) 8. 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. 9. 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. 02-69 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-69 shall become null and void unless exercised within one year of the date of final approval which is February 26, 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. • 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 02-69, 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 at a rate of $124 per net new added daily trip. The estimated fee amount is based on twelve trips per day for each lot, totaling $1,488 for each lot. A credit $1,488 for the existing house to be removed will be applied. (PW) 0 8. State -mandated school impact fees shall be paid prior to issuance of building permits. ZA Minutes 02/26/03 13 (03=0226) 9. Park Land Fees shall be paid prior to issuance of building permits. 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. ITEM 4: CONDITIONAL USE PERMIT NO. 03-03 (OUTDOOR DINING/ALCOHOL) APPLICANT: Jeff Bergsma, 221 Main Street, Suite S, Huntington Beach, CA 92648 PROPERTY OWNER: Dennis Boggeln, 215 Main Street, Huntington Beach, CA 92648 REQUEST: To (a) permit outdoor dining within an existing outdoor patio, approximately 650 square feet in size, located to the rear of an existing restaurant building and (b) to permit the sale of alcohol for on -site consumption at an existing 1,750 square foot restaurant and within the proposed outdoor dining patio area. LOCATION: 215 Main Street (west of Main Street, north of Walnut Avenue) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, 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. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and with changes to the staff report as follows: Modify Condition No. 2.a: The subject outdoor dining patio shall be entirely confined to private property. Any encroachment into the public right-of-way shall be prohibited. Employees shall be prohibited from conducting activities associated with the business from the public right-of-way, including but not limited to food/beverage service, sales, and display setup. Delete Condition No. 2.b. Mary Beth Broeren, Zoning Administrator, reviewed the project plans and photographs. Discussion ensued with staff concerning parking requirements, which are covered under in the Downtown Master Plan. • ZA Minutes 02/26/03 14 (03=0226) 0 THE PUBLIC HEARING WAS OPENED. Mike Adams, P.O. Box 382, property owner, thanked staff for their assistance and presented a history of the project site stating that they wish to preserve the building's historic structure. Mr. Adams stated that Condition No. 6 is not warranted and requested that it be omitted. Joe Boggeln, 1915 Beachcrest, stated that the former owner paid a fee for configuration of the downtown area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A general discussion ensued concerning the code enforcement and traffic impact fees. Jeff Bergsma, 221 Main Street, Suite S, applicant, summarized the criteria applied in the formation of the Code Enforcement fee. Mr. Bergsma further opposed Condition No. 6 Ms. Broeren stated that she was going to approve the request with the modifications to the suggested conditions of approval as recommended by staff above. She asked staff to incorporate the following modifications to the staff report: • Condition No. 6: A Code Enforcement Fee of $4.00 per square foot of outdoor dining ($4.00 X 650 s.f. = $2,600) shall be submitted to the Planning Department prior to establishment of the use and on a yearly basis on or prior to February 26 as deemed necessary by the Planning Department. The fee shall be calculated based on 650 square -feet of outdoor dining area. Information On Specific Code Requirements No. 6: Traffic impact fees shall be paid at the rate of $124 per net added daily trip as deemed necessary by the Public Works Department. CONDITIONAL USE PERMIT NO.03-03 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED 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 40 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 ZA Minutes 02/26/03 15 (03=0226) operation of existing facilities involving negligible or no expansion of the use beyond that previously existing. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-03: Conditional Use Permit No. 03-03 to (a) permit outdoor dining within an existing outdoor patio, approximately 650 square feet in size, located to the rear of an existing restaurant building and (b) to permit the sale of alcohol for on -site consumption at an existing 1,750 square foot restaurant and within the proposed outdoor dining patio area 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 outdoor dining will occur in an enclosed patio area that is not directly accessible to the general public and does not interfere with use of the surrounding area. The sale of alcohol for on -site consumption will contribute to the viability of the restaurant by attracting customers and generating lease revenue, thus improving the value of property in the neighborhood. 2. The conditional use permit will be compatible with surrounding uses. The outdoor dining area is proposed in a district with a pedestrian overlay designation which encourages uses which enhance and stimulate pedestrian activity and which create a lively atmosphere. Surrounding uses include several previously established outdoor dining areas, which include restaurants with alcohol served for on -site consumption. 3. The proposed Conditional Use Permit No. 03-03 will comply with the provisions of the Downtown Specific Plan and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. Outdoor dining areas on private property and alcohol sales in conjunction with a restaurant use 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 MV-F6/25-sp-pd (Mixed Use Vertical — 2.0 max floor area ratio — specific plan — pedestrian overlay) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan and Local Coastal Program: 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. Assure that areas between building storefronts and public sidewalks are visually and physically accessible to pedestrians. LCP/ DTSP: Main Street should be a lively, active commercial district at the street level. The first floor of developments along Main Street should be commercial, with open-air establishments encouraged. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-03: The site plan, floor plans and elevations received and dated January 2, 2003 shall be the • conceptually approved layout. ZA Minutes 02/26/03 16 (03=0226) • 2. The use shall comply with the following: a. The subject outdoor dining patio shall be entirely confined to private property. Any encroachment into the public right-of-way shall be prohibited. Employees shall be prohibited from conducting activities associated with the business from the public right-of- way, including but not limited to food/beverage service, sales, and display setup. b. Outdoor dining shall be permitted only during business hours of the respective establishment. c. Outdoor dining areas shall be continuously supervised by employees of the establishment. Behavior by customers or employees which disturbs the general public shall constitute a violation of conditions of approval. d. Disabled access requirements of the State Building Code shall be observed at all times. (BD) e. Outdoor dining activities shall not interfere with required exiting/access to the building nor with the visibility of required premise identification. 3. 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. 4. 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. 5. 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. 6. A Code Enforcement Fee of $4.00 per square foot of outdoor dining ($4.00 X 650 s.f. = $2,600) shall be submitted to the Planning Department prior to establishment of the use and on a yearly basis on or prior to February 26 as deemed necessary by the Planning Department. The fee shall be calculated based on 650 square -feet of outdoor dining area. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Conditional Use Permit No. 03-03 shall not become effective until the ten calendar day appeal period has elapsed. ZA Minutes 02/26/03 17 (03zm0226) 2. Conditional Use Permit No. 03-03 shall become null and void unless exercised within one year of the date of final approval which is February 26, 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. 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 03-03, 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. Traffic impact fees shall be paid at the rate of $124 per net added daily trip as deemed necessary by the Public Works Department. 7. 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. 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. An encroachment permit shall be required for all work within the public right-of-way. (PW) 10. 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 2:25 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MARCH 5, 2003 AT 1:30 PM. �- Mary Beth Broeren Zoning Administrator :rmk is ZA Minutes 02/26/03 18 . (03zm0226)