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Home My WebLink About2003-12-10• • 0 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DECEMBER 10, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: STAFF MEMBER: MINUTES: ORAL COMMUNICATION: SCHEDULED ITEMS: Mary Beth Broeren Ron Santos, Ramona Kohlmann (recording secretary) November 12, 2003 APPROVED AS SUBMITTED NONE ITEM 1: TEMPORARY USE PERMIT NO. 03-05 (JACK'S SURFBOARDS) APPLICANT/ PROPERTY OWNER: Ron Abdelfattah, 101 Main Street, Huntington Beach, CA 92648 REQUEST: To permit outdoor sidewalk sales on approximately forty-three (43) days per year for a period of five (5) years from 2004-2008. LOCATION: 101 Main Street (northwest corner of Main Street, north of Pacific Coast Highway) PROJECT PLANNER: Ron Santos Ron Santos, 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 stated that the proposed project would be for sidewalk displays. Staff stated that an identical previous use was approved and established for the years of 2000, 2001, 2002, and 2003 with no Code Enforcement related issues. 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. No written or verbal comments were received in response to the public notification. One inquiry was conducted at the zoning counter resulting in no comment. Mary Beth Broeren, Zoning Administrator, reviewed the proposed project with staff and a general discussion ensued. THE PUBLIC HEARING WAS OPENED. • THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO. 03-05 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 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 15304 of the CEQA Guidelines, because the project consists of a minor temporary use of land having negligible or no permanent effects on the environment. FINDINGS FOR APPROVAL - TEMPORARY USE PERMIT NO. 03-05: 1. The proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan (Pedestrian Overlay District), Local Coastal Program and Downtown Specific Plan; and provisions of Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance, including the following policies: • 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. 2. Approval of the application for the proposed temporary use will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. Proposed sales events will occur adjacent to the applicant's storefront and will be sited to prevent interference with use of the surrounding area. The temporary use permit is conditioned to ensure that adequate public, disabled, and emergency access will be maintained. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-05: 1. The site plan, floor plans, and elevations received and dated October 14, 2003 shall be the conceptually approved layout. 2. Prior (10 days minimum) to commencement of the use each year, a schedule (dates) for temporary sidewalk sales events to occur in that year (not to exceed 43 days), shall be submitted to the Planning Department. 0 ZA Minutes 12/10/03 2 (03zm1210) ® 3. The use shall comply with the following: a. The temporary sales area shall be entirely confined to private property. Any encroachment into the public right-of-way shall be prohibited. b. The sales area shall be cordoned off (i.e. roped off with a minimum 36" high barrier), nine feet from the building fagade with intermittent openings every 10 to15 feet for customer access. c. Four -foot wide clearance shall be maintained along side the display racks within the "cordoned off" area between the sales racks and pedestrian pathway. d. A ten -foot wide clear path of travel shall be maintained along the sidewalk. Required pathways for patron and disabled access shall be maintained clear of obstructions. (BD/PW) e. All required exits and access ways to the tenant space, as determined by the Building & Safety Department, shall be maintained clear and free of obstructions. The minimum required access width shall be 48 inches. (BD) All overhead obstructions shall be a minimum of 80 inches above the walking surface. (BD) g. All sales transactions shall occur inside the store. h. Sales to patrons in vehicles or in the public right-of-way shall be prohibited. Line formations within the public right-of-way shall be prohibited. j. Sales events, including associated furniture, structures, patron lines, etc., shall not in any way interfere with access to any commercial establishment. (BD) k. Furniture pieces shall weigh less than 35 pounds each. (BD) I. All displays associated with sales events shall be maintained in an orderly condition. m. Only the uses, dates and times described in the narrative/schedule shall be permitted. Any proposed change shall be submitted to the Planning Director for review and approval a minimum of ten days in advance of the planned event date. n. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 4. After initial warnings, the Code Enforcement Division reserves the right to cease operation of the temporary outdoor sales in the event that the use is in violation of the conditions of approval of Temporary Use Permit 03-05. 5. 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 12/10/03 3 (03zm1210) 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: Is 1. Temporary Use Permit No. 03-05 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Temporary Use Permit No. 03-05 shall become null and void unless exercised within one year of the date of final approval which is December 10, 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 Temporary Use Permit No. 03-05, 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. 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. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. THE MEETING WAS ADJOURNED AT 1:40 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, DECEMBER 17, 2003 AT 1:30 PM. Maryeth roeren Zoning Administrator m E ZA Minutes 12/10/03 4 (03zm1210)