Loading...
HomeMy WebLinkAbout2004-07-14• 0 0 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JULY 14, 2004 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: June 16, 2004 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1 • COASTAL DEVELOPMENT PERMIT NO. 04-071VARIANCE NO. 04-03 (LUPICA ROOM — CONTINUED FROM THE JULY 7, 2004 MEETING WITH THE PUBLIC HEARING CLOSED APPLICANT: Scott Brownell, 1950 W. Coast Highway, Newport Beach, CA 92663 PROPERTY OWNER: Joseph and Carol Lupica, 16461 Ladona Circle, Huntington Beach, CA 92649 REQUEST: CDP: To permit the construction of first and second floor additions totaling 452 sq. ft. to an existing single-family dwelling; VAR: to permit a 16-ft. driveway/garage setback in lieu of 20 ft., in conjunction with the conversion of an existing garage from side entry to front entry. LOCATION: 16461 Ladona Circle (northwest corner of Ladona Circle and Minstral Drive) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans. Staff stated the purpose, location, zoning, and existing uses of the requested project. Staff stated that the recommendation for denial at the previous meeting remains for lack of findings for approval of the variance. Staff stated that the applicant has since submitted a letter with alternate proposed plans. Mary Beth Broeren, Zoning Administrator, stated that she received a letter via fax from the applicant. Ms. Broeren stated her appreciation for the applicant's attempts to revise the roof pitch and height of the fence. THE PUBLIC HEARING WAS RE -OPENED. Scott Brownell, 1950 W. Coast Highway, Newport Beach, CA, applicant, approached and presented a book, customarily used by architects, depicting diagrams showing the location of standard residential elevator equipment rooms. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she spent additional time looking at the proposed project and looking at previous tract variances that have been approved in Huntington Harbour. She stated that after further review of the information submitted, as well as the revised plans submitted by the applicant, she was going to approve the request as originally submitted with modified findings for approval and conditions of approval as referenced below. COASTAL DEVELOPMENT PERMIT NO. 04-07NARIANCE NO. 04-03 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED 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 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. 04-07: Coastal Development Permit No. 04-07 to permit the construction of first and second floor additions totaling 452 sq. ft. to an existing single-family dwelling 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, with the exception of the garage setback variance approved concurrently. U 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. • ZA Minutes 07/14/04 2 (04zm0714) 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. FINDINGS FOR APPROVAL - VARIANCE NO. 04-03: 1. The granting of Variance No. 04-03 to permit a 16-ft. driveway/garage setback in lieu of 20 ft., in conjunction with the conversion of an existing garage from side entry to front entry will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Reduced garage setbacks have been granted on other similar properties in Huntington Harbour. 2. The subject property exhibits special circumstances related to the location or surroundings which, when subject to the strict application of the zoning ordinance, deprives the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. An existing fire hydrant on Minstral Drive and the location of the lot at the corner of Ladona Circle and Minstral Drive limits relocation of the existing driveways to facilitate maintaining the existing garage access. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. Granting of the variance allows for construction of an elevator to provide access to the second floor for the residents. 4. The granting of the variance will not be materially detrimental to the public welfare or is injurious to property in the same zone classification. The short cul-de-sac of Ladona Circle results in a small amount of traffic that would use the sidewalk or street, thus minimizing conflicts with a reduced garage setback. Moreover, as conditioned, the garage will be posted to prohibit parking in front of the garage door. 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 reflecting the location of two on -site open parking spaces and a roll -up garage door. 2. The garage door shall be posted with a permanent sign indicating that parking on the driveway is prohibited. 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. ZA Minutes 07/14/04 3 (04zm0714) ITEM 2: CONDITIONAL USE PERMIT NO 04-15 (VIETHAI BISTRO RESTAURANT - ALCOHOL SALES) 0 APPLICANT: Uyen Nghiem Hoang, 300 Pacific Coast Highway, Ste 110, Huntington Beach, CA 92648 PROPERTY OWNER: Pierside Pavilion, LLC, 300 Pacific Coast Highway, Suite 119, Huntington Beach, CA 92648 REQUEST: To permit beer and wine sales for on -site consumption within an existing restaurant. LOCATION: 300 Pacific Coast Highway, Suite 110 (northwest corner of Pacific Coast Highway and Main Street) PROJECT PLANNER: Jason Kelley Ron Santos, Staff Planner, sitting in for Jason Kelley, 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 recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. No written or verbal comments were received in response to the public notification. No unique conditions are being recommended. Staff stated that the Police Department recommended restricting live entertainment. Staff stated that a condition is unnecessary since live entertainment is not allowed under the current entitlement. 0 Staff presented photographs of the subject site depicting outdoor tables. Staff stated that there is no record of a permit for outdoor dining. Staff stated that a letter was sent advising the applicant that a conditional use permit is required for outdoor service of alcohol and/or dining. THE PUBLIC HEARING WAS OPENED. Janet Taylor, 200 Pacific Coast Highway, M-17, neighboring property owner, spoke in opposition to the proposed project and presented a letter stating her reasons. Ms. Taylor voiced concern that the proposed project would exacerbate existing noise problems from surrounding businesses including trucks, alarms, and trash container. She stated that the proposed project is an infringement on homeowner's rights and that the noise is unbearable. Ms. Broeren read Ms. Taylor's letter and asked staff if any complaints or citations have been received concerning the current business at the subject site. Staff advised that the current business was recently established and that the ensuing period is unlikely to have generated a significant history of complaints. Discussion ensued with Ms. Broeren and the applicant. The applicant stated that the current business has been in existence for six months and that 8:00 p.m. is when they close. Ms. Broeren confirmed with the applicant that it is their intent to close at 8:00 p.m. • ZA Minutes 07/14/04 4 (04=0714) • Ms. Broeren asked Ms. Taylor if she has experienced any problems with the previous tenant and in particular with the current operation. Ms. Taylor advised that she has not been able to attribute the problems to a particular establishment but that excessive noise is generally prevalent in the area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Staff further advised that discussions with the Code Enforcement staff revealed no concerns regarding the subject business. Ms. Broeren confirmed that the applicant understood the requirements for outdoor dining. The applicant advised that they were not aware of the permit requirements and removed the outdoor tables. The applicant stated that they do not intend to resume outdoor dining. Ms. Broeren further confirmed that the applicant understood that outdoor dining is a separate permit process. Ms. Broeren addressed the concerns of Ms. Taylor and explained the Downtown Specific Plan and the City's Mixed Use goals. She encouraged Ms. Taylor to avail herself to use the City's complaint process such as the Police or Code Enforcement departments should problems occur. Ms. Broeren advised that unless a record of complaints is on file the City has no way of being aware of problems that need to be addressed. CONDITIONAL USE PERMIT NO. 04-15 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 15301 of the CEQA Guidelines, because the project consists of the operation of an existing commercial business involving negligible or no expansion of use beyond that previously approved. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04-15: 1. Conditional Use Permit No. 04-15 to permit the sale of beer and wine for on -site consumption at an existing 1,000 sq. ft. bon a fide 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 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 because the request ® represents only a negligible expansion of an existing bon a fide restaurant use, on a commercially zoned property intended to serve the surrounding residential population. ZA Minutes 07/14/04 5 (04=0714) 3. The proposed Conditional Use Permit No. 04-15 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. Alcohol sales is permitted in the SP5-3-CZ (Specific Plan No. 5 — District 3 — Coastal Zone) zone, subject to conditional use permit approval, pursuant to Specific Plan No. 5. 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 MV-F12-sp-pd (Mixed Use Vertical — 3.0 max FAR — specific plan — pedestrian overlay) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 7.1.2: Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. b. 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 the surrounding region, serve visitors to the City and capitalize on Huntington Beach's recreational resources. The requested conditional use permit will accommodate an existing development by allowing the addition of alcohol sales to a permitted land use (restaurant). The proposed use will serve the needs of local residents and visitors to the City by providing for additional dining service and menu options. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 04-15: r 1. The floor plans received and dated May 5, 2004 shall be the conceptually approved layout. 2. 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 or 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. 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 07/14/04 6 (04=0714) • INDEMNIFICATION AND HOLD HARMLESS CONDITION: is 9 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 2:05 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JULY 21, 2004 AT 1:30 PM. Maryeth 3roeren Zoning Administrator :rmk ZA Minutes 07/14/04 (04=0714)