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HomeMy WebLinkAbout2003-06-25® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JUNE 25, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: May 28, 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. 03-27 (ALISON-AKI GRILL ALCOHOL SALES APPLICANT: Stanley and Hsiao Yen Ta, 16482 Bolsa Chica Street, Huntington Beach, CA 92649 PROPERTY OWNER: Hubbell Family Partnership LTD, 1161 Bryant Road, Long Beach, CA 90815 REQUEST: To establish the sale of alcoholic beverages in conjunction with an existing restaurant. LOCATION: 16482 Bolsa Chica Street (southeast corner of Bolsa Chica Street and Heil Avenue) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and stated 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 reviewed suggested Condition No. 2.b concerning the Alcoholic Beverage Control Board (ABC). Staff stated that the Police Department had no comments or concerns. One letter opposing the proposed project was received from a neighboring property owner based upon concerns related to 0 minors and alcohol. Staff stated that the ABC's control, as well as the restriction for on -site consumption, should alleviate the foregoing concerns. 0 THE PUBLIC HEARING WAS OPENED. AS THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS CLOSED. Mike Strange, Acting Zoning Administrator, stated that he was going to approve the request as recommended by staff. Mr. Strange advised the applicant that the sale of alcohol could not take place until the 10-day appeal period had lapsed. CONDITIONAL USE PERMIT NO. 03-27 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR 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 modifications to an existing Commercial establishment FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-27: Conditional Use Permit No. 03-27 to establish the sale of alcoholic beverages in conjunction with 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 alcoholic beverages will be incidental to the restaurant facility. No exterior alterations are proposed that would impact the area. 2. The conditional use permit will be compatible with surrounding uses because the restaurant with alcohol sales is consistent with the character of the existing commercial center. Alcohol sales will be in conjunction with food sales and limited to indoor consumption only. The proposed Conditional Use Permit No. 03-27 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. In addition, any specific condition required for the proposed use in the district in which it would be located. The sale of alcoholic beverages is allowed with 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 Mixed Use Horizontal on the subject ZA Minutes 06/25/03 2 (03zm0625) property which permits eating and drinking establishments. 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) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-27: 1. The site plan, floor plans, and elevations received and dated May 14, 2003 shall be the conceptually approved layout. 2. The use shall comply with the following: a. Hours of operation shall be limited to between 11 AM to 9 PM, Sunday through Saturday as stated in the narrative received and dated May 14, 2003. b. 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. ®' 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. 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. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REOUIREMENTS: Conditional Use Permit No. 03-27 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03-27 shall become null and void unless exercised within one year of the date of final approval which is June 25, 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. ZA Minutes 06/25/03 3 (03=0625) 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 03-27, • 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. 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. Live entertainment or outdoor dining is not permitted unless a conditional use permit for this specific use is reviewed and approved. ITEM 2: COASTAL DEVELOPMENT PERMIT NO. 03-06 (KRIESEL RESIDENCE APPLICANT: Marco Fernandez, MAF Architects, 4337 Whitewood Avenue, Long Beach, CA 90808 PROPERTY OWNER: Greg and Jane Kriesel, 3512 Venture Drive, Huntington Beach, CA 92649 REQUEST: To construct a 1,191 sq. ft. first and second story addition to an existing single family residence increasing the size of the dwelling to 4,704 sq. ft. and the height to 24 ft.-0 inches. LOCATION: 3512 Venture Drive (south side of Venture Drive and east of Sundancer Lane) PROJECT PLANNER: Rami Talleh is ZA Minutes 06/25/03 4 (03=0625) • Rami Talleh, Staff Planner, displayed project plans and stated 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. 0 Staff stated that no written or verbal comments were received in response to the public notification. Mike Strange, Acting Zoning Administrator, clarified with staff the number of bedrooms. THE PUBLIC HEARING WAS OPENED. Marco Fernandez, MAF Architects, 4337 Whitewood Avenue, Long Beach, applicant, spoke on behalf of the proposed project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO. 03-06 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING 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 an addition to an existing single family home. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 03-06: Coastal Development Permit No. 03-06 to construct a 1,191 sq. ft. first and second story addition to an existing single family residence increasing the size of the dwelling to 4,704 sq. ft. and the height to 24 ft.-0 inches, conforms with the General Plan, including the Local Coastal Program. The proposed project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage new development to locate within, contiguous to or in close proximity to existing developed areas able to accommodate it. The subject site is currently developed with a single-family residence and is located within an area developed with single family homes. ZA Minutes 06/25/03 5 (03=0625) 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning • district, as well as other applicable provisions of the Municipal Code. The project complies with all applicable development regulations, including maximum building height, minimum yard setbacks, maximum site coverage and minimum on -site parking. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed addition will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer and roads. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access or impact public views to coastal resources. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 03-06: The site plan, floor plans, and elevations received and dated May 2, 2003 shall be the conceptually approved layout with the following modifications: a. 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) b. 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. 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) • ZA Minutes 06/25/03 6 (03=0625) 3. The structure cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released until the following has been completed: a. The existing driveway approach, sidewalk and curb and gutter along the entire Venture Drive frontage shall be removed and replaced with new curb and gutter, sidewalk, and an ADA compliant driveway approach in accordance with City Standard Plan Nos. 202, 207, and 209. (PW) b. A new domestic water service and meter shall be constructed per Water Division standards, and sized to meet the minimum flow requirements set by the California Plumbing Code (CPC). The new domestic water service shall be a minimum of one -inch in size. (PW) c. A separate backflow protection device shall be installed, per Water Division standards, for the new domestic water service. (PW) d. The existing water service and meter shall be abandoned per Water Division standards. (PW) e. In accordance with NPDES requirements, a "Water Quality Management Plan" (WQMP) shall be prepared by a Civil or Environmental Engineer. "Best Management Practices" (BMP's) shall be identified and incorporated into the project design, especially in hardscape and landscape areas. (PW) f. A new sewer lateral shall be installed connecting to the main in the street. If the new sewer lateral is not constructed at the same location as the existing lateral, then the existing lateral shall be severed and capped at the main or chimney. As an alternative, the existing lateral may continue to be used if the following can be verified: (PW) i) The existing lateral is of adequate size to handle the flows from the larger, remodeled house. ii) Video evidence that the existing lateral is in good condition and has no leaking joints. g. A 36-inch box tree needs to be planted in the front yard setback area in accordance with standard landscape code requirements (Chapter 232 of the Zoning and Subdivision Ordinance, Section 232.08.B.2). (PW) 4. 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 06/25/03 7 (03zm0625) 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. • INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Coastal Development Permit No. 03-06 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Coastal Development Permit No. 03-06 shall become null and void unless exercised within one year of the date of final approval which is June 25, 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 Coastal Development 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. 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. Park Fees shall be paid at issuance of building permits. 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. An encroachment permit shall be required for all work within the right-of-way. (PW) 10. Any proposed cantilevered deck, dock, and/or ramp improvements located in the public waterway shall require separate permits. • ZA Minutes 06/25/03 8 (03zm0625) • ITEM 3: CONDITIONAL USE PERMIT NO. 03-28 (AUTO CLUB OF SOUTHERN CALIFORNIA VEHICLE DISPLAY) APPLICANT/ PROPERTY OWNER: Auto Club of So. Calif., c/o Dave Cavano, 3333 Fairview Road, Suite A185, Costa Mesa, CA 92626 REQUEST: To permit the display of a vehicle, Monday through Friday, 9:00 a.m. to 5:00 p.m., on a paved surface between the parking lot and the AAA storefront, as a promotion for the Auto Club's automotive services program. LOCATION: 16160 Beach Boulevard (east side of Beach Boulevard, north of Stark Avenue, south of Edinger Avenue) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs and stated 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 the applicant's intent is to display the vehicle Monday through Sunday, 24 hours per day. Staff stated that the applicant asked that the request be amended to reflect the foregoing and suggested deleting suggested Condition No. 2.a. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary and with the modifications as recommended above. Staff stated that no written or verbal comments were received in response to the public notification. Mike Strange, Acting Zoning Administrator, and staff engaged in a discussion concerning changes to the request after notification. Staff concluded that there should be no additional impact since the modification is minor, and stated that no interest was expressed in the proposed project. Mr. Strange confirmed that the proposed project would not impede handicap access. THE PUBLIC HEARING WAS OPENED. Jerry Kuhn, 16160 Beach Boulevard, applicant, spoke on behalf of the proposed project. Mr. Strange confirmed that only one vehicle would be on display at any time. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes 06/25/03 9 (03zm0625) Mr. Strange stated that he was going to approve the request with the modifications as suggested , by staff. CONDITIONAL USE PERMIT NO. 03-28 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR 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 involves operation of an existing facility with a minor alternation involving negligible or no expansion of use beyond that previously existing. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-28: Conditional Use Permit No. 03-28 to permit the display of a vehicle, Monday through Sunday, 24-hours/day, on a paved surface between the parking lot and the AAA storefront, as a promotion for the Auto Club's automotive services program, 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. Adequate clearance (approximate width of 12 feet) for pedestrian access will be maintained along side the proposed display area. The proposed display will not generate noise, traffic, odors, visual blight or other impacts with potentially detrimentally impacts. 2. The conditional use permit will be compatible with surrounding uses because the proposed vehicle display area is adjoining a parking lot and consequently will be surrounded by other parked cars. 3. The proposed Conditional Use Permit No. 03-28 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. Outdoor display is a permitted use in the Commercial General zone, subject to 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 CG-F 1 (Commercial General — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following General Plan policy: ED 2.2.3: Promote Huntington Beach businesses to increase their visibility and local patronage. r� u ZA Minutes 06/25/03 10 (03zm0625) The proposed display is intended to promote the Auto Club's services and increase their visibility and local patronage. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-28: 1. The site plan received and dated June 3, 2003, shall be the conceptually approved layout. 2. On -site vehicle sales and/or storage shall be prohibited. 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 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. 4. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Conditional Use Permit No. 03-28 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03-28 shall become null and void unless exercised within one year of the date of final approval which is June 25, 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. 03-28, 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. is ZA Minutes 06/25/03 11 (03=0625) 7. All landscaping shall be maintained in a neat and clean manner, and in conformance with the 10 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. 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. THE MEETING WAS ADJOURNED AT 1:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JULY 2, 2003 AT 1:30 PM. Mike Strange, Acting Zoning Administrator rmk 11 0 ZA Minutes 06/25/03 12 (03=0625)