HomeMy WebLinkAbout2007-06-06MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-8 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, June 6, 2007 -1:30 P.M.
ZONING ADMINISTRATOR: Herb Fauland, Acting Zoning Administrator
STAFF MEMBER: Andrew Gonzales, Rami Talleh, Carmen Borruso
(recording secretary) Jeanie Cutler
MINUTES: April 25, 2007
APPROVED AS SUBMITTED
ORAL COMMUNICATION: NONE
ITEM 1: CONDTIONAL USE PERMIT NO.2007-013 (EGG ROLL KING)
® APPLICANT: Wan Ching Chen, 7251 Warner Avenue, Unit F, Huntington Beach,
CA 92647
PROPERTY OWNER: Huntington Beach Associates, 17631 Fitch, Irvine, CA
92614-6021
REQUEST: To permit the sales of alcoholic beverages for onsite consumption at
an existing restaurant.
LOCATION: 7251 Warner Avenue, Unit F, 92647 (north side of Warner Avenue,
east of Goldenwest Street)
PROJECT PLANNER: Andrew Gonzales
Andrew Gonzales, Staff Planner, displayed project plans and photographs and stated the
purpose, location, zoning, and existing uses of the requested project. Staff presented an
overview of the proposed project and the suggested findings and conditions of approval as
presented in the executive summary.
Mr. Gonzales stated that the back door that faces the residential area is only used as an
employee exit and entrance. Staff indicated that the Police Department is in support of the
project.
Staff recommended approval of the request and stated that no written or verbal comments
were received in response to the public notification.
Herb Fauland, Acting Zoning Administrator, stated that he had visited the site and had not
spoken with the applicant or staff.
• THE PUBLIC HEARING WAS OPENED.
Robert Buaas, 7251 Warner Avenue, representative of the applicant, stated that Mr. Chen is in
agreement with the suggested findings and conditions of approval.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
CONDITIONAL USE PERMIT NO.2007-013 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
minor alterations to a commercial suite within an existing shopping center.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2007-013:
Conditional Use Permit No. 2007-013 for sale and consumption of alcoholic beverages for
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 proposed onsite alcohol sales will not generate noise, traffic, demand
for parking, or other impacts detrimental to surrounding property and inconsistent with the
subject property's commercial zoning. Furthermore, the adjacent residential district to the
east is adequately buffered from the restaurant at a distance of 40 ft. In addition, the store
front and entrance of the restaurant is oriented away from residential units.
2. The conditional use permit will be compatible with surrounding uses because the existing
restaurant is located within an established commercial shopping center containing similar
and complimentary uses.
3. The proposed conditional use permit 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 are permitted in the CG (Commercial General) zone, subject to
conditional use permit approval.
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-F1 (Commercial General-0.35
max. Floor Area Ratio) 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,
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serve the surrounding region, serve visitors to the City and capitalize on Huntington
Beach's recreational resources.
The requested conditional use permit will accommodate existing development by allowing
alcohol sales at an existing 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. 2007-013:
1. The site plan and floor plans received and dated March 22, 2007, shall be the
conceptually approved design.
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.
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.
ITEM 2: TEMPORARY USE PERMIT NO. 2007-002 AND COASTAL DEVELOPMENT
PERMIT NO 2007.003 (SURF CITY NIGHTS — CONTINUED FROM MAY 16 2007 MEETING
WITH THE PUBLIC HEARING OPEN)
APPLICANT: Downtown Business Improvement District, Connie Pedenko and the
City of Huntington Beach.
PROPERTY OWNER: City of Huntington Beach, Economic Development Department,
2000 Main Street, Huntington Beach, CA 92648
REQUEST: To permit the temporary closure of Main Street every Tuesday night,
between Pacific Coast Highway and Orange Avenue including a half
block of Olive Avenue and Walnut Avenue on either side of Main St.,
to allow for an outdoor festival for a period of one year. The festival
will consist of various activities including sidewalk sales, farmer's
market, live entertainment, food preparation and tasting, and kids'
activities (bounce house and train). Parking for the festival will be
provided at private and public parking facilities within the downtown
area with valet and employee parking available on two parcels
located at the northwest corner of Orange Ave. and First St. and the
® northwest corner of Walnut Ave. and First St. Additional parking will
be available at a remote parking lot located at 2000 Main Street with
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shuttle service to/from the festival via Lake Street to accommodate
overflow parking. 40
LOCATION: Main Street (between Pacific Coast Highway and Orange Avenue —
Downtown Huntington Beach)
PROJECT PLANNER: Rami Talleh
Rami Talleh, Staff Planner, displayed project plans and photographs and presented an
overview of the proposed project and the suggested findings and conditions of approval as
presented in the executive summary. He outlined additional suggested conditions of approval
received from the Department of Public Works,
Mr, Talleh stated that at the May 161" Zoning Administrator meeting, the Zoning Administrator
had concerns with the description of the project, which did not include the closure of Walnut
and Olive Avenues, remote parking lots, and shuttle service. Staff stated that notices with the
revised project description were mailed to surrounding property owners, tenants and the
property owners along the proposed shuttle route.
Staff stated that no written or verbal comments were received in response to the re -notification
of the public hearing.
Staff recommended approval of the request based upon the suggested findings and the
conditions of approval as presented in the executive summary, including adoption of the Public
Works conditions of approval.
Staff indicated that representatives from Police, Public Works and Economic Development
Departments were in attendance to answer any questions.
Mr. Fauland, made the following disclosures: He has not had contact with the public on this
item to date, he has been a part of the Main Street Workshop Committee and associated work
groups that originally reviewed this item for City Council consideration, he has been a party to
discussions at the Development Assistance Team reviewing this item, has had discussions
with the Zoning Administrator regarding continuing the item, and had discussions with staff.
Mr. Fauland indicated that he is adequately prepared and informed to review and act on this
item.
THE PUBLIC HEARING WAS REOPENED.
Ms. Connie Pedenko, co -applicant, confirmed that she had reviewed the findings, conditions,
and the code requirements and agreed to abide by them.
Mr. Steve Holden, 94910`h Street, stated that he did not oppose the closure of Main Street, but
had concerns related to traffic flow and the shuttle frequency on Lake Street. He suggested
redirecting the shuttle to commercial avenues away from residential areas.
Stephanie Inbody, General Manager, Fred's Mexican Caf6, 300 Pacific Coast Highway, stated
that she is not opposed to the festival, but is opposed to closing the first block at PCH and
Main Street due to the many traffic problems that have also been compounded by the ongoing
downtown construction work. She recommended the shuttle use Goldenwest Street rather •
than Lake Street.
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Allen Hall, business owner, Randy's Boutique, 200 Main Street, #113, stated he is in favor of
the festival but has concerns with the way the farmer's market is being conducted. He
indicated that the vendor booths block his store frontage. He stated that he is losing $1,000
per night during the summer street fair event.
Nova Punongbayan, Economic Development Department, co -applicant, stated that in order to
minimize parking in the downtown area the organizers are encouraging parking at City Hall,
and taking the shuttle. She stated that the City Hall parking lot provides 144 spaces and the
shuttle hours are 6:00pm — 9:30pm.
Discussion ensued between Ms. Pedenko, Mr. Hall and Ms. Punongbayan regarding the
various issues.
Mr. Fauland acknowledged Mr. Hall's concerns and stated that the City is very aware of the
many issues concerning businesses downtown. The Downtown Business Improvement District
(DBID) representative and the Economic Development Department have noted his concerns
and will evaluate the event to see what can be done.
In response to a question from Mr. Hall, Mr. Fauland stated that the shuttle system and the
auxiliary parking lots have always been contemplated. Mr. Fauland stated that the Zoning
Administrator at the last meeting directed staff, and the applicant to look at remedying the
possibility of parking impacts to the downtown. The City and the DBID have come up with two
ways to mitigate potential parking problems:
• 1. The shuttle service from City.Hall to downtown.
2. Two auxiliary parking lots that can be used for parking through valet and intended
parking that will be implemented if the city deems there to be a parking impact
occurring downtown.
•
Mr. Fauland stated that these may be implemented dependent upon the continued success of
the event throughout the summer.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Mr. Fauland summarized that the City has been reviewing this event and looking at ways to
make downtown more vibrant during the off season.
Mr. Fauland reiterated that the City is attempting to continue the activity for one year in
compliance with the Coastal Commission regulations and will continue to evaluate the event
and activities. At the same time, the City being the co -applicant, can terminate the event at
any time if there are an overriding series of events that may cause serious impacts to
neighbors, residents or downtown businesses. Mr. Fauland stated that the DBID and the
Economic Development Department have demonstrated that they are willing to listen to the
downtown businesses and if necessary modify the event within the parameters of the TUP to
address any concerns.
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Mr. Fauland addressed the circulation issues evaluated by the Public Works Transportation
Division. He stated that the applicant has worked with the Police Department and other City
departments and organizations to tailor an overall plan that will be a success for everyone in
the downtown. He emphasized that it is not the City's intention to develop something that will
harm or drive people out of business and the event will continue to be evaluated.
Mr. Fauland addressed Mr. Holden's concerns and stated that the City is attempting to mitigate
potential traffic impacts with the implementation of the shuttle service and additional parking
lots. He emphasized again that the City can close down the event at any time if it were to
become a detriment to the neighborhood.
Mr. Fauland stated that he was going to approve the request with the addition of the following
Coastal Element land use policies to Finding No.1:
a. C 1.1.6: Temporary and seasonal activities within the coastal zone which do not
qualify as exempt activities pursuant to the Coastal Commission's guidelines adopted
by the Commission pursuant to Section 30610(i) of the Coastal Act shall be monitored
and regulated through the coastal development permit process to protect coastal
resources from adverse impacts associated with the seasonal or temporary activities.
b. C 2.4.2: Ensure that adequate parking is maintained and provided in all new
development in the Coastal Zone utilizing one or a combination of the following:
Monitor parking programs to make the most effective use of parking resources, and
■ Replace any on -street parking lost in the coastal zone on a 1:1 basis within the
coastal zone prior to or concurrent with the loss of any parking spaces. 40
c. C 3.2.1: Encourage, where feasible, facilities, programs and services that increase
and enhance public recreational opportunities in the Coastal Zone.,
d. C 3.4.2: Enhance the Municipal Pier and surrounding area to function as the "hubs" of
tourist and community activity.
TEMPOROARY USE PERMIT NO.2007-002 AND COASTAL DEVELOPMENT PERMIT NO.
2007-003 WAS 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 15304 of the CEQA Guidelines, because minor temporary use of
land having negligible or no permanent effects on the environment, including carnivals, sales
of Christmas Trees, etc., are exempt from further environmental review.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT 2007-003:
Coastal Development Permit No. 2007-003 for the development project, as proposed,
conforms with the General Plan, including the Local Coastal Program. The project is
consistent with the following Coastal Element Land Use Policies:
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a. C 1.1.6: Temporary and seasonal activities within the coastal zone which do not
qualify as exempt activities pursuant to the Coastal Commission's guidelines adopted
by the Commission pursuant to Section 30610(i) of the Coastal Act shall be monitored
and regulated through the coastal development permit process to protect coastal
resources from adverse impacts associated with the seasonal or temporary activities.
b. C 2.4.2: Ensure that adequate parking is maintained and provided in all new
development in the Coastal Zone utilizing one or a combination of the following:
■ Monitor parking programs to make the most effective use of parking resources, and
■ Replace any on -street parking lost in the coastal zone on a 1:1 basis within the
coastal zone prior to or concurrent with the loss of any parking spaces.
c. C 3.2.1: Encourage, where feasible, facilities, programs and services that increase
and enhance public recreational opportunities in the Coastal Zone.
d. C 3.4.2: Enhance the Municipal Pier and surrounding area to function as the "hubs" of
tourist and community activity.
The proposed street festival will attract tourists and Huntington Beach residents to Main St.
and the Municipal Pier reinforcing Downtown Huntington Beach as a "hub" of community
activity. The weekly event increases and enhances recreational opportunities in the
coastal zone by providing public recreational and community activities with adequate
parking and parking facilities within the downtown and if necessary in satellite facilities.
Parking facilities will be monitored to ensure adequate parking is provided. Furthermore,
satellite parking lots with valet and shuttle service are available. The temporary removal of
• parking on Main Street will be adequately replaced as necessary.
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 temporary use
does not involve the construction of permanent structures. Minimum aisle widths will be
provided.
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. All infrastructure exists for the
proposed market that is consistent with the Huntington Beach Coastal Element and
Coastal Land Use Plan of the General Plan.
4. The development conforms with the public access and public recreation policies of Chapter
3 of the California Coastal Act. All public"access will remain to the beach and pier area.
FINDINGS FOR APPROVAL - TEMPORARY USE PERMIT NO. 2007-002:
1. The proposed temporary use will be located, operated and maintained in a manner
consistent with the policies of the General Plan and the provisions of Chapter 241. The
temporary use permit will be compatible with the surrounding uses because the event is
temporary in nature and is consistent with the character of the area. It will not alter existing
property and improvements in the area.
2. Approval of the application for the temporary closure of Main Street every Tuesday night,
between Pacific Coast Highway and Orange Avenue including a half block of Olive Avenue
and Walnut Avenue on either side of Main St., to allow for an outdoor festival for a period
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of one year consisting of various actives including sidewalk sales, farmer's market, live
entertainment, food preparation and tasting, kids activities (bounce house and train), and
seasonal parking lots will not be detrimental to property or improvements in the surrounding
area or to the public health, safety or general welfare. The event was held for the past
three months without adversely impacting the surrounding area. The applicant will provide
adequate traffic controls and security measures to mitigate potential impacts to the
surrounding area.
CONDITIONS OF APPROVAL TEMPORARY USE PERMIT NO.2007-002 AND COASTAL
DEVELOPMENT PERMIT NO.2007-003
1. The site plans received and dated April 9, 2007, and shuttle route received and dated May
29, 2007, shall be the conceptually approved layout with the exception of the following:
a. Barricade placement shall be amended to allow alley access from Walnut Avenue for
the two alleyways on the east and west sides of Main Street. (PW)
b. The shuttle route shall be amended to indicate that the shuttle would enter and exit the
City Hall parking lot via the eastern Yorktown Avenue driveway. Also the shuttle shall
use the current loading zone on 3`d Street as proposed and either a) proceed west on
Walnut Avenue,' u-turn and return north on 3`d Street/Lake Street (the preferred option);
or b) proceed east on Walnut Avenue, north on 2"d Street, west on Olive Avenue and
return north on 3'd Street/Lake Street. (PW)
2. In the event that the City determines there is a parking deficiency or if downtown parking
facilities reach full capacity for two hours during the summer months as a result of the
event, additional parking shall be provided at the City Hall parking lot with shuttle services
to and from the event.
3. Prior to operation of the valet/employee parking lots all Planning Department and Public
Works Department requirements shall be complied with.
4. Prior to instituting the shuttle service, a signing and directional plan shall be prepared and
deployed to direct visitors to the remote parking area and to the shuttle stop locations.
(PW)
5. Prior to closing the first block of Main Street from Pacific Coast Highway to Walnut Avenue,
an encroachment permit shall be obtained from CALTRANS. (PW)
6. Traffic Control for the event shall be provided in accordance with all Public Works, Police
and Fire Department requirements for access,, circulation and protection of the public. If
outside contractors are used in lieu, of City forces to install traffic control, encroachment
permits shall be obtained from Public Works Department and CALTRANS (if required).
(PW)
7. The Director of Planning ensures that all conditions of approval herein are complied with.
At the discretion of the Directors of Public Works and Planning, the conditions of approval
contained herein may be modified. The Director of Planning shall be notified in writing if
any changes to the site plan, list of activities, and shuttle route are proposed as a result of
the ongoing operation and oversight of the event.
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0 INDEMNIFICATION AND HOLD HARMLESS CONDITION:
0
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 2:20 PM BY THE ZONING ADMINISTRATOR TO THE
NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON
WEDNESDAY JUNE 20, 2007 AT 1:30 PM.
a
Herb Fauland,
Acting Zoning Administrator
:jc
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