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HomeMy WebLinkAbout2003-03-12• MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MARCH 12, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: January 15 and 29, 2003 February 5 and 12, 2003 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE Item 2 was moved to the front of the agenda. Please note that the Minutes will reflect actions taken in • their original order. ITEM 1: CONDITIONAL USE PERMIT NO. 03-04 (PIERSIDE PAVILION - CURVES CO -APPLICANT: Debra L. Orth, 5166 Acorn Drive, Huntington Beach, CA 92649 Jeff Bergsma, 211 Main Street, Huntington Beach, CA 92649 PROPERTY OWNER: Theory R. Properties, LLC, 2620 Riviera Drive, Laguna Beach, CA 92651 REQUEST: To establish a personal enrichment use consisting of a 1,300 square foot fitness studio for women. LOCATION: 300 Pacific Coast Highway, Suite 115 (northeast corner of Pacific Coast Highway and Main St.) 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 executive summary. Staff stated that a citation has been issued by Code Enforcement because the proposed business has been in operation prior to issuance of the requested conditional use permit and without a business license or certificate of occupancy. 0 THE PUBLIC HEARING WAS OPENED. Jeff Bergsma, 211 Main Street, co -applicant, presented a brief background of the proposed site and its previous uses. Mr. Bergsma stated that no improvements will be required at the proposed site and briefly explained the studio's operation. Mike Strange, Acting Zoning Administrator, confirmed with staff that no written or verbal comments were received in response to the public notification. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Strange stated that he was going to approve the request. He advised the applicant that they should not be open for business until the ten-day appeal period has lapsed and a certificate of occupancy has been issued. CONDITIONAL USE PERMIT NO. 03-04 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND 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 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 a change of operation within an existing commercial structure. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-04: Conditional Use Permit No. 03-04 for the establishment, maintenance and operation of a personal enrichment use consisting of a 1,300 square foot fitness studio for women 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 fitness studio will be located within an established mixed -use development consisting of retail, restaurant, and office uses. The proposed use will not generate any additional noise or impact traffic within the vicinity. 2. The conditional use permit will be compatible with surrounding uses because the proposed fitness studio is similar to other health/sports clubs located within the same zoning classification. C 40 ZA Minutes 03/12/03 2 (03zm0312) 3. The proposed Conditional Use Permit No. 03-04 will comply with the provisions of the the Downtown Specific Plan and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The proposed fitness studio complies with the parking requirement for health/sport clubs within District 3 of the Downtown Specific Plan. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use Vertical on the subject property. In addition, it is consistent with the following goals and policies of the General Plan and Local Coastal Program: LU 10.1 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, and capitalize on Huntington Beach's recreational resources. ED 2.4.3 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. LCP-C3.2.3 Encourage the provision of a variety of visitor -serving commercial establishments within the Coastal Zone, including, but not limited to, • shops, restaurants, hotels and motels, and day spas. The proposed fitness studio will market its services to local residents in the surrounding region thereby expanding the service -based commercial opportunities in the City. It will be located in an existing mixed -use center, which includes existing service -related uses. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-04: 1. The site plan, floor plans, and elevations received and dated January 7, 2003 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. If a kitchen is proposed, a food preparation fire protection system plan shall be submitted to the Building and Safety Department as separate plans for Fire Department Approval. (FD) b. County Health Department's approval is required for the kitchen. (B&S) c. Any modifications to the automatic sprinkler system must be submitted to the Fire Department for approval. (FD) 0 d. All Fire Department requirements shall be noted on the building plans. (FD) ZA Minutes 03/12/03 3 (03zm0312) 3. The structure cannot be occupied, the final building permits cannot be approved, and a Certificate of Occupancy cannot be issued until the following has been completed: a. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (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. Address numbers shall be installed to comply with City Specification No. 428 — Premise Identification. Number sets may be required on front and rear of the structure. (FD) 4. The use shall comply with the following: a. Only the uses described in the narrative received and dated on January 7, 2003 shall be permitted. 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. 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• 1. Conditional Use Permit No. 03-04 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03-04 shall become null and void unless exercised within one year of the date of final approval which is March 12, 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. 03-04 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. 0 ZA Minutes 03/12/03 4 (03zm0312) r4. 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. 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. 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. is ITEM 2: CONDITIONAL USE PERMIT NO. 02-59 (HOME EXPRESSIONS FURNISHINGS OUTDOOR STORAGE) APPLICANT: John Pham, 7227-A Edinger Avenue, Huntington Beach, CA 92647 PROPERTY OWNER: Freeway Industrial Park, 2032 La Colina Drive, Santa Ana, CA 92705 REQUEST: To install three outdoor storage containers (dimensions: 8 ft. high by 40 ft. deep by 8 ft. wide each) in association with furniture retailer. The containers will be placed in the northwest corner of an existing shopping center. LOCATION: 7227 Edinger Avenue (north side of Edinger west of Gothard Street) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and photographs stating the purpose, location, zoning, and existing uses of the proposed project. Staff presented a review of the proposed project and the suggested findings for denial as outlined in the executive summary. Staff stated that the request is a result of a Code Enforcement citation. Staff stated that the Design Review Board recommended denial of the request. 0 Staff recommended denial of the request based upon the suggested findings for denial as outlined in the executive summary. One letter in opposition to the request was received from an adjacent ZA Minutes 03/12/03 5 (03=0312) property owner stating that the containers are not typical for a commercial development. No other written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. John Pham, 7227-A Edinger Avenue, applicant, spoke in support of the request and presented reasons for the requested location. Mr. Pham suggested moving the containers to a different location at the subject site and possibly screening the containers with a block wall. Mike Strange, Acting Zoning Administrator, engaged in discussions with staff concerning parking requirements at the subject site, options to accommodate the applicant's request, and the applicability of the Urban Design Guidelines for this type of use. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 02-59 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS FOR DENIAL. 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 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 it consists of a minor expansion of an established commercial use. FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 02-59: Conditional Use Permit No. 02-59 for the establishment, maintenance and operation of three outdoor storage containers (dimensions: 8 ft. high by 40 ft. deep by 8 ft. wide each) in association with a furniture retailer will 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 industrial appearance of the storage containers will adversely impact the neighborhood in that the storage areas are not fully screened from visitors to the site, the Goldenwest College campus, or the public right-of-ways. Several multi -story buildings within the Goldenwest College are situated on a higher elevation than the subject site thus greatly increasing visibility of the containers. 2. The conditional use permit will not be compatible with surrounding uses because the storage containers appear to be industrial shipping containers, which will be utilized as storage rooms. The containers are made of metal and painted a creme color inconsistent with the materials ZA Minutes 03/12/03 6 (03zm0312) and color of the associated commercial building and other buildings located on the adjacent Goldenwest College campus to the north and west. 3. The proposed Conditional Use Permit No. 02-59 will not comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance in that screening and/or planting areas necessary to prevent adverse impacts on surrounding properties are not provided. 4. The granting of the conditional use permit will adversely affect the General Plan. It is inconsistent with the Land Use Element designation of Commercial General on the subject property. In addition, it is inconsistent with the following goals and policies of the General Plan: LU 4.2: Ensure that structures and sites are designed and constructed to maintain their long-term quality. 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. The proposed storage containers appear to be industrial shipping containers. The impermanent character of the structures is incompatible with adjacent public/semipublic uses • and inconsistent with the City's Urban Design Guidelines. • THE MEETING WAS ADJOURNED AT 1:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MARCH 19, 2003 AT 1:30 PM. Mike Strange, Acting Zoning Administrator rmk ZA Minutes 03/12/03 7 (03=0312)