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HomeMy WebLinkAbout2004-10-20• MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, OCTOBER 20, 2004 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Jason Kelley, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: September 22 and 29, 2004 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 04-24 (TAE KWON DO STUDIO) APPLICANT: Eric Nelson, 1234 East 171h Street, Santa Ana, CA 92701 PROPERTY OWNER: Grace H. Southwell Trust, 18111 Green Meadows Drive, Encino, CA 91316 REQUEST: To establish and operate a 3,750 sq. ft. tae kwon do studio within an existing commercial suite. LOCATION: 9891 Yorktown Avenue (Northwest corner of Yorktown Avenue and Brookhurst Street) PROJECT PLANNER: Jason Kelley Jason Kelley, 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 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. Mary Beth Broeren, Zoning Administrator, confirmed with staff the hours of operation for the proposed project. THE PUBLIC HEARING WAS OPENED. Eric Nelson, 1234 East 171h Street, Santa Ana, applicant stated that they have read the suggested conditions of approval and have no objections. 0 THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. 0 Ms. Broeren stated that she was familiar with the subject location. Discussion ensued with the applicant and Ms. Broeren confirmed that they were agreeable to suggested Condition of Approval No. 2 restricting the number of parking spaces and students to nineteen. She also confirmed that the existing reciprocal easement with the neighboring business would not change. CONDITIONAL USE PERMIT NO. 04-24 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 a change of operation within an existing commercial structure. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04-24: Conditional Use Permit No. 04-24 for the establishment, maintenance and operation of a personal enrichment use consisting of a 3,750 sq. ft. tae kwon do studio within an existing commercial suite 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 tae kwon do studio will be located within an established commercial shopping center 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 tae kwon do studio is similar to other health/sports clubs located within the same zoning classification. 3. The proposed Conditional Use Permit No. 04-24 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, including parking requirements. The use will be restricted to a maximum of 19 students, based on the applicable parking to floor area ratio. 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 CN-F1 (Commercial Neighborhood — 0.35 FAR) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: 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, sere the surrounding region, and capitalize on Huntington Beach's recreational resources. ZA Minutes 10/20/04 2 (04=1020) 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. The proposed tae kwon do 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 commercial shopping center, which includes existing service -related uses. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 04-24: The site plan and floor plans received and dated August 10, 2004 shall be the conceptually approved layout. 2. The maximum number of persons per class shall not exceed the number of parking spaces allocated to the unit. Based on the square footage of the unit designated for the personal enrichment use (3,750 square feet) the number of parking spaces allocated is nineteen (19) based on prior retail use; therefore, the maximum class size shall not exceed nineteen (19) participants. 3. The instruction area shall not exceed 75 percent of the total floor area of the tenant suite (maximum 2,812.50 square feet of the 3,750 square foot unit). 0 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, OCTOBER 27, 2004 AT 1:30 PM. Maryeth B oeren Zoning Administrator :rmk ZA Minutes 10/20/04 3 (04zm1020)