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HomeMy WebLinkAbout2004-04-21® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, APRIL 21, 2004, 1:30 P.M. ZONING ADMINISTRATOR: STAFF MEMBERS: MINUTES: ORAL COMMUNICATION: SCHEDULED ITEMS: Mary Beth Broeren Rami Talleh, Ron Santos, Robin Lugar March 24, March 31 and April 7, 2004 APPROVED AS SUBMITTED NONE Item 2 was moved to the front of the Agenda. Please note the Minutes will reflect actions taken in their original order. ITEM 1: ENTITLEMENT PLAN AMENDMENT NO. 03-10 (MAJESTIC NIGHTCLUB — AMENDMENT TO CUP NO. 86-59 — CONTINUED FROM THE APRIL 7, 2004 MEETING WITH THE PUBLIC HEARING CLOSED) APPLICANT: John Nguyen, 16081 Santa Barbara Lane, Huntington Beach, CA 92649 PROPERTY OWNER: Max Ferstein, JOTW Inc., P O Box 5697, Sherman Oaks, CA 91413 REQUEST: To amend Conditional Use Permit No. 86-59 by modifying the approved plans to allow a 397 sq. ft. outdoor patio for dining and alcohol sales in conjunction with an existing restaurant/nightclub. The proposed patio will be enclosed with a 7'-2" tall combination block (3'- 6") and glass (3'-8") wall. LOCATION: 18582 Beach Boulevard (east side of Beach Boulevard, south of Ellis Avenue) PROJECT PLANNER: Rami Talleh Mary Beth Broeren, Zoning Administrator, advised that she was not available at the prior meeting to hear this item. Ms. Broeren stated that she has reviewed the prior meeting minutes, discussed the item with Mr. Scott Hess, who was the Acting Zoning Administrator at the prior meeting, and that she is aware of the comments from the last meeting. Rami Talleh, Project Planner, described the applicant's request and provided an overview of information provided at the April 7, 2004 meeting and discussion on Police Department complaints and comments received in favor of and opposed to the request. • Staff informed the Zoning Administrator that the Entitlement Plan Amendment request filed by the applicant is not applicable, since, based on staff's research, no prior entitlements were granted for the existing restaurant/nightclub. Staff advised that approval of a conditional use permit application would be required in order to allow alcohol sales on the proposed patio, but that no entitlements are required in order to establish the patio for dining and/or smoking purposes only. Staff stated that if the applicant chooses to file for a Conditional Use Permit for outdoor dining and alcohol sales in conjunction with a legal non -conforming nightclub, the item should be continued and re -noticed for a new public hearing. THE PUBLIC HEARING WAS REOPENED: Norman Feirstein, 8251 Westminster Avenue, Westminster, CA, attorney for the applicant, requested that the Zoning Administrator reopen the public hearing to allow those present to provide testimony as part of the pubic record. Chuyen Nguyen, 12397 Lewis Street, #103, Garden Grove, CA, representative for Senator Joe Dunn, spoke in support of the request and stated the importance of the Majestic Nightclub to the Vietnamese Community. Mr. Nguyen read a letter from Senator Dunn in support of the proposed project urging the Zoning Administrator's approval. Kevin Nguyen, 9550 Bolsa Avenue, Suite 202, Westminster, CA, Director of Public Relations, The Vietnamese Association of Press and Media, read a letter from Duy Sinh, President of the aforementioned association, complimenting the applicant and the Majestic Nightclub's management and staff and urging the Zoning Administrator's approval. Van Tran, 11222 Acacia Parkway, Garden Grove, CA, City of Garden Grove Council member and attorney spoke in support of the applicant and the proposed project. Mr. Tran emphasized that the subject facility is an asset to the City based upon its availability for community events and fundraisers. Valerie Tran, 9350 Bolsa Avenue No. 63, Westminster, CA, Chair for Boys Scouts of America and Girl Scouts of America spoke in support of the proposed project. Ms. Tran stated that the subject facility provides a safe environment for community events. Don Nguyen, 1430 High Bluff Drive, Newport Beach, CA, spoke in support of the proposed project. Mr. Nguyen emphasized the importance of the subject facility's availability for Vietnamese - American charitable events. John Nguyen, 16081 Santa Barbara Lane, applicant, spoke in support of the proposed project and presented reasons for a smoking patio for customers. Robert Cronk, 18642 Libra Circle, neighboring property owner, spoke in opposition to the proposed project stating that the proposed project would infringe on the basic rights of adjacent property owners and presented examples thereof. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that based upon staff's explanation, there is nothing to amend, and that the applicant will need to withdraw the request for the Entitlement Plan Amendment (EPA). Discussion ensued concerning the process and difference between filing a request for a Conditional Use Permit (CUP) as required to accommodate outdoor consumption of alcohol, and a Limited Notification (LN). (04zm0421_r1_rk) Ms. Broeren explained that the live entertainment and nightclub use are grandfathered with the subject facility. She advised that the applicant should submit a formal withdrawal of the EPA to staff within the following week, as well as render a decision on whether or not to request a CUP or a LN. Ms. Broeren further advised that a LN entails notification to surrounding property owners, with a ten-day comment period, but does not include a public hearing. She stated that the Director of Planning renders the decision on a LN, which is appealable to the Planning Commission. ENTITLEMENT PLAN AMENDMENT NO. 03-10 WAS CONTINUED TO A DATE UNCERTAIN WITH THE PUBLIC HEARING CLOSED. ITEM 2: COASTAL DEVELOPMENT PERMIT NO. 04-01 (HICKEY ROOM ADDITION) APPLICANT: John Mc Neely, 151 Kalmus Drive, C-160, Costa Mesa, CA 92626 PROPERTY OWNER: Brian Hickey, 4072 Ondine Circle, Huntington Beach, CA 92649 REQUEST: To construct a 483 sq. ft. first and second story addition to an existing single-family dwelling with an overall height of 25 feet. LOCATION: 4072 Ondine Circle (south side of Ondine Circle, west of Edgewater Lane) PROJECT PLANNER: Ron Santos Ron Santos, Project Planner, provided a staff report and presented the applicant's plans for the proposed project. Staff also showed photos of the subject property and adjoining homes and discussed how the request complies with code. Staff identified two suggested conditions of approval relating to lot coverage and eaves, and stated that a letter of approval was received from the homeowner's association. No other written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, and staff discussed the conversion areas in the garage, minimum garage dimensions, and encroachment of the water heater unit into the minimum setback requirement. THE PUBLIC HEARING WAS OPENED. John Mc Neely, 151 Kalmus Drive, C-160, Costa Mesa, CA, applicant, spoke on behalf of the proposed project and addressed concerns regarding the minimum garage dimensions as related to a water heater within the garage. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she was going to approve the request and asked staff to modify suggested Condition of Approval No. 1 as follows: 1. The site plan, floor plans, and elevations received and dated March 3, 2004 shall be the conceptually approved layout with the following modifiEatiam-modifications: a. The lot coverage figure shall be revised to include all roof eave projections exceeding 30 • inches. b. The garage shall maintain minimum clear interior dimensions of 18 feet width and 19 feet depth. (04zm0421_rl_rk) COASTAL DEVELOPMENT PERMIT NO. 04-01 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) WORKING 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 an addition to an existing structure, which increases the floor area less than 50 percent and involves negligible or no expansion of an existing use. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 04-01: Coastal Development Permit No. 04-01 to construct a 483 sq. ft. first and second story addition to an existing single-family dwelling with an overall height of 25 feet conforms with the General Plan, including the Local Coastal Program land use designation of Residential Low -Density. The project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage development within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed construction will occur on a previously developed site, contiguous to existing residential development.. 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 including maximum building height, minimum yard setbacks and minimum on -site parking requirements. The proposed addition will be constructed under an existing roof and consequently will not result in an increase in lot coverage. 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. 04-01: 1. The site plan, floor plans, and elevations received and dated March 3, 2004 shall be the conceptually approved layout with the following modifications: a. The lot coverage figure shall be revised to include all roof eave projections exceeding 30 inches. b. The garage shall maintain minimum clear interior dimensions of 18 feet width and 19 feet depth. • (04zm0421_r1_rk) 2. Prior to submittal for building permits a letter from the property owner's association, if applicable, • shall be submitted indicating that the proposed project has been approved, denied or that CC&Rs do not require association review. 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 2:30 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 28, 2004 AT 1:30 PM. Mary beth broeren Zoning Administrator 0 : rl/rk is (04=0421_rl_rk)