HomeMy WebLinkAboutPublic Hearing - CE 93-23 Pierhead Restaurant - Municipal REQUEST FOR CITY COUNCIL ACTION
/ Date August 2, 1993
Submitted to: Honorable Mayor and City Council Members
Submitted by: Michael T. Uberuaga, City Administrator `,(-_
Prepared by: Michael Adams, Director of Community Developki
Subject: CONDITIONAL EXCEPTION (VARIANCE) NO. 93 PRO'
(REFERRED BY THE PLANNING COMMISSION) BY CITY COUNCIL
Consistent with Council Policy? [,& Yes [ ] New Policy or Excepti n
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attac men s
STATEMENT OF ISSUE:
Transmitted for your consideration is Conditional Exception
(Variance) No. 93-23 which is a request to permit the height of the
two (2) story pierhead restaurant to be 30 feet to the midpoint of
the roof line with 45 feet to the peak of the roof . The Code
requirements of the Downtown Specific Plan District 10 allows a
maximum of 25 feet to the midpoint and 35 feet to the highest peak.
At their meeting of July 7, 1993, the Planning Commission referred
the request to the City Council for action.
RECOMMENDATION•
Staff Recommendation:
Motion to:
"Approve Conditional Exception (Variance) No. 92-3 with findings and
suggested conditions of approval . "
Planning Commission Action on July 7, 1993
ON MOTION BY BOURGUIGNON, SECOND BY DETTLOFF, THE PLANNING
COMMISSION VOTED TO APPROVE CONDITIONAL EXCEPTION NO. 93-23 BY THE
FOLLOWING VOTE:
AYES: Bourguignon, Dettloff, Inglee
NOES: Cook, Richardson, Biddle
ABSENT: Gorman
ABSTAIN: None
MOTION TO APPROVE FAILS AS RESULT OF SPLIT VOTE.
P10 5/85
TO:• PlanningCommission
FROM: Community Development
DATE: July 7, 1993
SUBJECT: CONDITIONAL EXCEPTION (VARIANCE) NO. 93-23
APPLICANT: City of Huntington Beach, 2000 Main Street,
Huntington Beach, CA 92648
PROPERTY
OWNER: City of Huntington Beach/State Land Commission, 1700
Pacific Coast Highway, Huntington Beach, CA 92648
REOUESST: To permit the height of the pierhead restaurant to
be 30 feet to the midpoint of the roof line with 45
feet to the peak of the roof in-lieu of the code
required 25 feet to the midpoint and 35 feet to the
highest peak.
LOCATION: 1 Main Street (Seaward of Pacific Coast Highway, at
the southwesterly terminus of Main Street)
DATE
ACCEPTED: June 7, 1993
ZONE: Downtown Specific Plan - District 10 - FP3
(Pier-Related Commercial - Floodplain)
GENERAL PLAN: Visitor Serving Commercial
EXISTING USE: Huntington Beach Municipal Pier
1. 0 SUGGESTED ACTION:
Motion to:
"Approve Conditional Exception (Variance) No. 93-23 with findings
and suggested conditions of approval . "
2 . 0 GENERAL INFORMATION:
Conditional Use Permit No. 91-19 and Coastal Development Permit
No. 91-9 which were approved in concept by the City of Huntington
Beach Planning Commission on April 7, 1992 constituted a request by
the City of Huntington Beach to construct five (5) new buildings on
the newly reconstructed Huntington Beach Municipal Pier. The
Planning Commission's approval included the two-story pierhead
restaurant with a thirty (30) foot average building height and
forty-five (45) foot total height as submitted by the architect and
the Public Works Department.
ATTACHMENT N0. -
The application was subsequently appealed to the City Council and
the variance for building height was denied on June 1, 1992. The
applicant made several attempts to redesign the restaurant to
conform to the height requirement. However, due to mechanical
equipment requirements, he was unsuccessful and is currently
reapplying with a new conditional exception request as the requisite
year has passed between the date of project denial and resubmittal
of the request.
Flood Plain Variance No. 90-1 was approved for the new habitable
construction seaward of the mean high tide line within the FP-3
(Floodplain) District, in accordance with Article 940 of the
Huntington Beach Ordinance Code. The variance was processed at the
time of the approval for the pier construction because the building
envelopes were established at that time.
3 .0 SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS:
North of Subject Property:
GENERAL PLAN DESIGNATION: Visitor Serving Commercial
ZONE: Downtown Specific Plan - District 3
LAND USE: (Visitor Serving Commercial)
General retail/restaurant/office
Last and west of Subject Property:
GENERAL PLAN DESIGNATION: Open Space Recreation
ZONE: Downtown Specific Plan - District 11
(Beach Open Space)
LAND USE: City Beach
South of Subject Property: Pacific Ocean
4 . 0 ENVIRONMENTAL STATUS:
In accordance with the California Environmental Quality Act,
Environmental Impact Report No. 89-8 was prepared to analyze the
potential impacts of the new pier project . The Environmental
Assessment Committee reviewed Environmental Assessment No. 91-12 and
determined that EIR No. 89-8 adequately addressed any potential
environmental impacts associated with the project and determined
that no further environmental review is necessary.
5 . 0 COASTAL STATUS:
The portion of the pier that is landward of the mean high tide line
is within an appealable area of the Coastal Zone, over which the
City of Huntington Beach has permit jurisdiction. Coastal
Development Permit No. 91-9 covers this portion of the project. The
portion of the pier that extends seaward of the mean high tide line
is within the original permit jurisdiction of the Coastal
Staff Report - 7/7/93 -2- (7000d)
Commission. The City of Huntington Beach must grant "conceptual
approval" of this portion prior to final action by the Coastal
Commission. The restaurant is within the original permit
jurisdiction area.
6.0 REDEVELOPMENT STATUS:
The proposed project is located in the Main-Pier Redevelopment
Project .Area. The Redevelopment staff supports the variance request.
7.0 SPECIFIC PLAN:
The project is within the boundaries of the Downtown Specific Plan,
District 10 (Pier-Related Commercial) .
8.0 SUBDIVISION COMMITTEE: Not applicable.
9 . 0 ISSUES AND ANALYSIS:
The following is a zoning conformance matrix which compares the
proposed project with the development standards of Downtown Specific
Plan District 10:
Section Issue Required Proposed
4 . 12 .02 Min. Parcel Size None None
• 4 . 12 .03 Maximum Density None None
. 4 . 12 . 04 Maximum Height 25 ft. ; 30 ft. *;
No more than End of pier cafe=
one (1) story 2 stories; Life-
on pier, except guard tower = 3
the end of the stories .
pier cafe. No
max. ht. for
lifeguard towers .
4 . 12. 05 Max. Site Coverage No more than 25% 8.8% covered
of pier covered; .01% along
no more than 25% perimeter
constructed along
perimeter.
4 . 12. 06-09 Setbacks None None
4 . 12 . 10 Open Space Clear width down Center clear;
center length of bermline snack
pier; public shop flush with
walkways along edge
perimeters
* Conditional Exception (Variance) Requested
Staff Report - 7/7/93 -3- )
ATTACHMEONU.
The Downtown Specific Plan, District 10, designates a maximum height
of 25 feet with an exception granted for lifeguard towers or other
facilities necessary for public safety. The 25 feet is measured to
the midpoint of the roof slope with an additional 10 feet in height
allowed for roof line treatment or architectural features. All the
pier buildings except the pierhead restaurant, which is designed at 30
feet to the midpoint and the lifeguard tower, are under the 25 foot
height limit.
The Ruby Restaurant Group has submitted new information regarding the
height of the pierhead restaurant since the last review by Planning
Staff (see Attachment No. 2) . It is necessary for the structure to be
constructed at the greater height because the site conditions on the
pier require that the lower floor be raised to place utilities above
the pier deck. The pier is unusual as opposed to construction on land
where utilities and mechanical facilities are typically installed
below finished grade. Raising the floor and placing the equipment
above ground also has the added benefits of greater protection from
storm damage as well as easier maintenance access .
The Ruby Restaurant Group has also indicated their intention to place
mechanical equipment inside the roof volume. This plan results in the
greater roof slope so that no roof mounted mechanical equipment is
necessary and the project is more aesthetically pleasing.
The Pier Design Committee and the City Council have approved terrazo
material for the exterior walls and copper roofs for the buildings.
Ceramic tile murals or panels are ultimately planned for the recessed
exterior walls but are not being implemented at this time due to cost
restraints . A program will be developed to allow for installation of
the murals over a period of time.
10 . 0 RECOMMENDATION:
Staff recommends that the Planning Commission approve Conditional
Exception (Variance) No. 93-23 with the following findings and
suggested conditions of approval:
FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-23 :
1 . There are exceptional or extraordinary circumstances or
conditions applicable to the land, buildings or premises
involved that do not apply generally to other property or uses
in the district. In order to house the necessary mechanical
equipment and provide and aesthetically pleasing building roof
slope, it is necessary to exceed the building height .
2 . The granting of a conditional exception to exceed maximum
building height is necessary in order to preserve the enjoyment
of one or more substantial property rights . An exception to the
building height allows the mechanical equipment to be located
above the second floor and allows a greater amount of usable
restaurant square footage.
Staff Report - 7/7/93 -4- (7000d)
3 . The granting of Conditional Exception (Variance) No. 93-23 to
exceed maximum building height will not be materially
detrimental to the public health, safety and welfare, or
injurious to the conforming (land, property, or improvements) in
the neighborhood. Public access to the pier will be provided
regardless of the height of the pierhead restaurant.
4 . The Conditional Exception to exceed maximum building height is
consistent with the goals and objectives of the City' s General
Plan and Land Use Map designation of pier-related commercial and
visitor serving commercial.
5 . The granting of this conditional exception from Section 4 . 12.04
of the Downtown Specific Plan will not defeat the general
purposes or intent of the code which is to provide public access
and recreational activities in the downtown area, particularly
on the pier.
6. Approval of the conditional exception will result in no
modification to the requirements of the C-LUP.
SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION [VARIANCE
NO. 93-23 :
1. The site plan, floor plans, and elevations dated June 7, 1993
shall be the conceptually approved layout.
• 2 . All conditions of approval previously approved under Conditional
Use Permit No. 91-19 and Coastal Development Permit No. 91-9
shall remain in effect.
3 . Prior to submittal for building permits, the applicant/owner
shall complete the following:
a. Elevations shall depict colors and building materials as
approved by the Pier Design Committee and City Council .
b. The site plan shall include all conditions of approval
imposed on the project printed verbatim.
c. Present proof of California Coastal Commission approval .
4 . The development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Fire Department, and
shall be subject to applicable permits from other agencies
(Section 10, Section 106, Coastal Commission Coastal Development
Permit) .
5. All building spoils, such as unusable lumber, wire, pipe, and
other surplus or unusable material, shall be disposed of at an
off-site facility equipped to handle them.
6 . The pier buildings shall be constructed in compliance with City
Geotechnical Abatement Ordinance and with construction related
seismic codes.
7. The building shall be fully handicapped accessible.
Staff Report - 7/7/93 -5- 7000d)
ATTACHMENT' NO. .. 3A
8. Fire Department Requirements are as follows :
a. Automatic fire sprinkler systems shall be installed
throughout to comply with Huntington Beach Fire Department
and Uniform Building Code Standards. Shop drawings shall be
submitted to and approved by the Fire Department prior to
installation.
b. A fire alarm system shall be installed to comply with
Huntington Beach Fire Department and Uniform Building Code
Standards. Shop drawings shall be submitted to an approved
installed pursuant to Fire Department regulations . The
system shall provide the following:
1. Water flow, valve tamper
2 . 24 hour supervision
3 . Smoke detectors
C. Fire extinguishers shall be installed and located in areas to
comply with Huntington Beach Fire Code Standards .
9 . Construction activities shall be limited to 7: 00 a.m. to 7: 00
p.m. Monday through Saturday, and prohibited on Sundays and
Federal holidays .
11. 0 ALTERNATIVE ACTION:
The Planning Commission may deny Conditional Exception (Variance)
No . 93-23 with findings .
ATTACHMENTS:
1. Site plans, floor plans and elevations dated June 7, 1993 .
2 . Letter from Ruby Restaurant Group dated February 5, 1993 .
3 . Modified design elevation depicting 25 foot average roof height.
4 . Alternative Findings for Denial
SH:JM: ss
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Staff Report - 7/7/93 -6- (7000d)
ON MOTION BY RICHARDSON, SECOND BY BIDDLE, THE PLANNING COMMISSION
VOTED TO SUSPEND THE PLANNING COMMISSION BY-LAWS PERTAINING TO SPLIT
VOTE CONTINUATION TO ALLOW THE CITY COUNCIL TO ACT ON THIS ITEM BY
THE FOLLOWING VOTE:
AYES: Bourguignon, Dettloff, Inglee, Cook, Richardson, Biddle
NOES: None
ABSENT: Gorman
ABSTAIN: None
MOTION TO SUSPEND BY-LAWS PASSED
ON A MOTION BY RICHARDSON, SECOND BY BIDDLE, THE PLANNING COMMISSION
VOTED TO REFER THE ITEM TO CITY COUNCIL FOR ACTION BY THE FOLLOWING
VOTE:
AYES: Dettloff, Inglee, Cook, Richardson, Biddle
NOES: Bourguignon
ABSENT: Gorman
ABSTAIN: None
MOTION TO REFER TO CITY COUNCIL PASSED
ANALYSIS'
Conditional Use Permit No. 91-19, Floodplain Variance No . 90-1 and
Coastal Development Permit No. 91-9 , which were approved in concept
by the City of Huntington Beach Planning Commission on April 7,
1992, constituted a request by the City of Huntington Beach to
construct five (5) new buildings on the newly reconstructed
Huntington Beach Municipal Pier. The Planning Commission' s approval
included the two-story pierhead restaurant with a thirty (30) foot
average building height and forty-five (45) foot total height as
submitted by the architect and the Public Works Department . The
flood plain variance was approved for the new buildings on the pier
seaward of the mean high tide line within the FP-3 (Floodplain)
District, in accordance with Article 940 of the Huntington Beach
Ordinance Code.
The applications were subsequently appealed to the City Council and
approved on June 1, 1992, except that the variance for building
height was denied. The applicant made several attempts to redesign
the restaurant to conform to the height requirement. However, due
to mechanical equipment requirements he was unsuccessful and is
currently reapplying with a new conditional exception request as the
requisite year has passed between the date of project denial and
resubmittal of the request .
RCA 8/2/93 -2- (7223d)
ENVIRONMENTAL STATUS:
In accordance with the California Environmental Quality Act,
Environmental Impact Report No. 89-8 was prepared to analyze the
potential impacts of the new pier project. The Environmental
Assessment Committee reviewed Environmental Assessment No. 91-12 and
determined that EIR No. 89-8 adequately addressed any potential
environmental impacts associated with the project and determined
that no further environmental review is necessary.
COASTAL STATUS:
The portion of the pier that is landward of the mean high tide line
is within an appealable area of the Coastal Zone, over which the
City of Huntington Beach has permit jurisdiction. Coastal
Development Permit No. 91-9 covers this portion of the project. The
portion of the pier that extends seaward of the mean high tide line
is within the original permit jurisdiction of the Coastal
Commission. The City of Huntington Beach must grant "conceptual
approval" of this portion prior to final action by the Coastal
Commission. The restaurant is within the original permit
jurisdiction area.
ISSUES:
The Downtown Specific Plan, District 10, designates a maximum height
of 25 feet with exception for lifeguard towers or other facilities
necessary for public safety. The 25 feet is measured to the
midpoint of the roof slope with an additional 10 feet in height
allowed for roof line treatment or architectural features . All the
pier buildings except the pierhead restaurant, which is designed at
30 feet to the midpoint and the lifeguard tower, are under the 25
foot height limit.
The Ruby Restaurant Group has submitted new information regarding
the height of the pierhead restaurant since the last review by
Planning Staff (see Attachment No. 3) . It is necessary for the
structure to be constructed at the greater height because the site
conditions on the pier require that the lower floor be raised to
place utilities above the pier deck. The pier is unusual as opposed
to construction on land where utilities and mechanical facilities
are typically installed below finished grade. Raising the floor and
placing the equipment above ground also has the added benefits of
greater protection from storm damage as well as easier maintenance
access .
The Ruby Restaurant Group has also indicated their intention to
place mechanical equipment inside the roof volume. This plan
results in the greater roof slope so that no roof mounted mechanical
equipment is necessary and the project is more aesthetically
pleasing.
The Pier Design Committee and the City Council have approved terrazo
material for the exterior walls and copper roofs for the buildings .
Ceramic tile murals or panels are ultimately planned for the
recessed exterior walls but are not being implemented at this time
due to cost restraints . A program will be developed to allow for
installation of the murals over a period of time.
RCA 8/2/93 -3- (7223d)
FUNDING SOURCE:
Not applicable to this variance request.
ALTERNATIVE ACTION:
The City Council may deny Conditional Exception (Variance) No. 93-23
with findings .
ATTACHMENTS:
1. Area Map
2 . Findings and Conditions of Approval
3 . Planning Commission Staff Report dated July 7, 1993
4 . Alternative Findings for Denial
MTU:MA:JM: lp
RCA 8/2/93 -4- (7223d)
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ATTACHMENT NO. ____�,
ATTACHMENT NO. 2
FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-23 :
1. There are exceptional or extraordinary circumstances or
conditions applicable to the land, buildings or premises
involved that do not apply generally to other property or uses
in the district. In order to house the necessary mechanical
equipment and provide and aesthetically pleasing building roof
slope, it is necessary to exceed the building height.
2 . The granting of a conditional exception to exceed maximum
building height is necessary in order to preserve the enjoyment
of one or more substantial property rights . An exception to the
building height allows the mechanical equipment to be located
above the second floor and allows a greater amount of usable
restaurant square footage.
3 . The granting of Conditional Exception (Variance) No. 93-23 to
exceed maximum building height will not be materially
detrimental to the public health, safety and welfare, or
injurious to the conforming (land, property, or improvements) in
the neighborhood. Public access to the pier will be provided
regardless of the height of the pierhead restaurant .
4 . The Conditional Exception to exceed maximum building height is
consistent with the goals and objectives of the City' s General
Plan and Land Use Map designation of pier-related commercial and
visitor serving commercial .
5 . The granting of this conditional exception from Section 4 . 12 . 04
of the Downtown Specific Plan will not defeat the general
purposes or intent of the code which is to provide public access
and recreational activities in the downtown area, particularly
on the pier.
6 . Approval of the conditional exception will result in no
modification to the requirements of the C-LUP.
SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION (VARIANCE)
NO. 93-23 :
1. The site plan, floor plans, and elevations dated June 7, 1993
shall be the conceptually approved layout.
2 . All conditions of approval previously approved under Conditional
Use Permit No. 91-19 and Coastal Development Permit No. 91-9
shall remain in effect .
ATTACHMENT NO. 20.
3 . Prior to submittal for building permits, the applicant/owner
shall complete the following:
a. Elevations shall depict colors and building materials as
approved by the Pier Design Committee and City Council .
b. The site plan shall include all conditions of approval
imposed on the project printed verbatim.
c. Present proof of California Coastal Commission approval .
4 . The development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Fire Department, and
shall be subject to applicable permits from other agencies
(Section 10, Section 106, Coastal Commission Coastal Development
Permit) .
5 . All building spoils, such as unusable lumber, wire, pipe, and
other surplus or unusable material, shall be disposed of at an
off-site facility equipped to handle them.
6 . The pier buildings shall be constructed in compliance with City
Geotechnical Abatement Ordinance and with construction related
seismic codes .
7 . The building shall be fully handicapped accessible.
8. Fire Department Requirements are as follows :
a. Automatic fire sprinkler systems shall be installed
throughout to comply with Huntington Beach Fire Department
and Uniform Building Code Standards . Shop drawings shall be
submitted to and approved by the Fire Department prior to
installation.
b. A fire alarm system shall be installed to comply with
Huntington Beach Fire Department and Uniform Building Code
Standards . Shop drawings shall be submitted to an approved
installed pursuant to Fire Department regulations . The
system shall provide the following:
1. Water flow, valve tamper
2 . 24 hour supervision
3 . Smoke detectors
c. Fire extinguishers shall be installed and located in areas to
comply with Huntington Beach Fire Code Standards .
9 . Construction activities shall be limited to 7: 00 a .m. to 7: 00
p.m. Monday through Saturday, and prohibited on Sundays and
Federal holidays .
ATTACHMENT NO. ?1°
huntington beach department of community development
ST'Aff
REPORT
E]O;CUTIVE SUNIIKARY
JULY 7, 1993
CONDITIONAL EXCEPTION (VARIANCE) NO. 93-23
(1 Main Street)
Conditional Exception (Variance) No. 93-23 is a request to permit the
height of the two-story pierhead restaurant to be 30 feet from the
surface of the pier to the midpoint of the roof line with 45 feet to
the peak of the roof in-lieu of the code required 25 feet to the
midpoint and 35 feet to the highest peak. A variance is required to
allow the restaurant to exceed the maximum building height. The
Planning Commission and the City Council approved a conditional use
permit and a coastal development permit for construction of all five
(5) pier buildings in 1992.
Staff recommends approval of the request because it is necessary to
place utilities above the pier deck for easier access and protection
from storm damage. This design results in a raised floor and
ulitmately a greater building height. In addition, the applicant
proposes to place the mechanical equipment within the roof volume for
a more aesthetically pleasing project.
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February 5, 1993
Mike Adams, A. I .C.P. , Director
Department of Community Development
City of Huntington Beach
P.O. Box 190
Huntington Beach, Ca. 92648
RE: Pier End Restaurant
Dear Mike:
As you know the City Council denied the appeal for a height
variance on June 1, 1992 .
We would like to have you re-submit this application for the
following reasons :
The Pier Design Committee, the Design Review Board, the
Planning Commission and Ron Yeo, the city' s architect, all
feel (by previous actions) that the building, as now
designed, is superior to a downsizing.
- The City Council has previously approved the size, bulk,
and height on February 19, 1991, as well as the colors and
materials on March 2, 1992 .
- Ron Yeo and we have reviewed the impact of lowering the
height and find that it presents extreme hardships on us -
both physically and financially.
- Unusual site conditions on the pier compared to land
require that the lower floor be raised to permit
installation and access to utilities . Placing the utilities
below the pier, would not only cost more to install and
maintain, but would be subject to storm damage.
- Lowering the floor to ceiling height, makes it difficult
to run the necessary mechanical ducts and lighting, causing
the reduction in the area for required seating and food
preparation.
- Lowering the slope of the roof, not only diminishes the
classic proportion of the building, but reduces the area
necessary for mechanical equipment - necessitating some roof
mounted equipment.
C NJW PAC 7XG 7 QDERDUTATTACHMENT N0. �
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We feel that the existing design is very appropriate, and in
scale with the pier. In addition to the aesthic values
involved, the second floor is also essential to the financial
viability of the pier restaurant.
And, last but not least, the proposed height of the building
is not detrimental to the public health, safety and welfare and
is consistent with the goals of the Downtown Specific Plan and
local coastal program.
Thank you for giving your attention to this matter at your
earliest convenience.
Sincerely
Doug Cavanaugh, President Ralph Kosmides, Vice President
cc : Jack Miller
Ron Yeo
Dick Harlow
•
APPLICATION REQUIREMENT 9. W EETEN NARRATIVE
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This project will construct a one hundred and fifty capacity, two story (3260 sf. first
floor: 3260 sf. second floor) restaurant at the end platform of the 1856 feet long
.Huntington Beach Municipal pier. The restaurant will be approximately 1,500 feet
seaward of the high tide line of the Pacific Ocean. This facility will serve the public
providing food service year round. The Huntington Beach Municipal Pier is a well
known landmark not only in this community and surrounding ones but in Southern
California and is world renown in the surfing community. The Pier is the focal point
for the downtown area and for the adjacent public beaches.
The design of the restaurant was accomplished by a long and detailed process by
various committees and boards within the City. The final design height to the top of
the roof architectural feature is 45 feet. A variance is being processes to allow
construction of the restaurant to the designed height. The restaurant along with two
other concession buildings, a life guard tower and a public rest room to be built at the
pier's intermediate platforms will re-establish the same usage as on the previous pier
prior to its demolition for the new pier construction..
ATTACHMENT NO. 3�.
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• ATTACHMENT NO, 4
ALTERNATIVE FINDINGS FOR DENIA
CONDITIONAL EXCEPTION (VARIANCE) NO. 93-23
FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-23 :
1. Because of the size, configuration, shape and lack of unique
topographic features of the subject property, there does not
appear to be exceptional or extraordinary circumstances or
conditions applicable to the land, buildings or premises involved
that does not apply generally to property or type of uses in the
same district. The site is conforming to the requirements of the
Downtown Specific Plan, District 10 for the construction of the
pier and its related concession buildings and can meet the
building height requirements with a redesign of the pierhead
restaurant.
2. Granting of Conditional Exception (Variance) No. 92-23 for
exceeding maximum building height would constitute a special
privilege inconsistent with limitations upon properties in the
vicinity. The subject property was legally subdivided and
developed in a manner consistent with applicable zoning laws .
• 3 . Exceptional circumstances do not apply that deprive the subject
property of privileges enjoyed by other properties in the same
zone classifications. The proposed project meets the development
standards of Downtown Specific Plan, District 10 in every respect
except height and can conform to the height limitation with a
redesign of the pierhead restaurant.
(7000d-7)
•
w
ATTACHMENT NO. IA-
ALTERNATIVE FINDINGS FOR DENIAL
FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-23 :
1. Because of the size, configuration, shape and lack of unique
topographic features of the subject property, there does not
appear to be exceptional or extraordinary circumstances or
conditions applicable to the land, buildings or premises involved
that does not apply generally to property or type of uses in the
same district . The site is conforming to the requirements of the
Downtown Specific Plan, District 10 for the construction of the
pier and its related concession buildings and can meet the
building height requirements with a redesign of the pierhead
restaurant.
2. Granting of Conditional Exception (Variance) No. 92-23 for
exceeding maximum building height would constitute a special
privilege inconsistent with limitations upon properties in the
vicinity. The subject property was legally subdivided and
developed in a manner consistent with applicable zoning laws .
3 . Exceptional circumstances do not apply that deprive the subject
property of privileges enjoyed by other properties in the same
zone classifications . The proposed project meets the development
standards of Downtown Specific Plan, District 10 in every respect
except height and can conform to the height limitation with a
redesign of the pierhead restaurant .
ATTACHMENT Ca.
Connie Brockway, City Clerk
City of Huntington Beach -.. ..
Office of the Cit y Clerk L 11„; -
P.O. Box 190 �4TT;= ° _, J,.rl
Huntington Beach, CA 92�+''10�pp }41`� L'" 'z
C7 Y:�
t _ r yV�
U.S. Fish and Wildlife Services
Division of Ecological gical Services
F 2400 Avila Road
Laguna Niguel , CA 92656
Q 3 Ci ISM p Po l_.A S'rG'
-ro t .I -j LZ 1 t
COONTY P�
LEGAL NOTICE - PUBLIC HEARING
NOTICE OF PUBLIC HEARING
CONDITIONAL EXCEPTION (VARIANCE) NO. 93-23
(Pierhead restaurant to exceed maximum building height)
NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will
hold a public hearing in the Council Chamber at the Huntington Beach
Civic Center, 2000 Main Street, Huntington Beach, California, on the
date and at the time indicated below to receive and consider the
statements of all persons who wish to be heard relative to the
application described below.
DATE/TIME: Monday, August 2, 1993, 7: 00 PM
APPLICATION NUMBER: Conditional Exception (Variance) No . 93-23
(Referred by the Planning Commission)
APPLICANT: City of Huntington Beach, Department of Public Works
LOCATION: 1 Main Street (At the end of the Huntington Beach
Municipal Pier)
ZONE: Downtown Specific Plan-District 10-FP3 (Pier-Related
Commercial-Floodplain)
REQUEST: To permit the proposed two (2) story pierhead
restaurant to be 30 feet in height from the surface of
the pier to the midpoint of the roof line in lieu of
25 feet, with 45 feet to the maximum roof peak in lieu
of 35 feet pursuant to the provisions of the Downtown
Specific Plan. The restaurant was previously approved
by Conditional Use Permit No . 91-19 and Coastal
Development Permit No . 91-9 .
ENVIRONMENTAL STATUS: The proposed project is covered by
Environmental Impact Report No. 89-8
adopted by the City Council on May 15, 1990 .
COASTAL STATUS: This project is located seaward of the main
high tide line and is in the Original
Permit Jurisdiction of the Coastal
Commission. This request will be reviewed
for "approval in concept" by the City of
Huntington Beach and is subject to final
project approval by the California Coastal
Commission.
PUBLIC HEARING PROCEDURE: (1) Staff Report;
(2) Public Hearing;
(3) City Council Discussion; and
(4) City Council action.
v/
NOTICE OF PUBLIC HEARING
(Continued)
ON FILE: A copy of the proposed request is on file in the City
Clerk' s Office, 2000 Main Street, Huntington Beach,
California 92648 , for inspection by the public. A copy
of the staff report will be available to interested
parties at City Hall or the Main City Library (7111
Talbert Avenue) after August 5, 1993 .
ALL INTERESTED PERSONS are invited to attend said hearing and
express opinions or submit evidence for or against the application
as outlined above. If you challenge the City Council ' s action in
court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice,
or in written correspondence delivered to the City Clerk at, .or
prior to, the public hearing . If there are any further questions
please call Jane Madera, Assistant Planner at 536-5271 .
Connie Brockway, City Clerk
Huntington Beach City Council
2000 Main Street
Huntington Beach, CA 92648 (714) 536-5227
(7201d-2)
PUBLIC HEARING
CITY COUNCIL AGENDA DATE APPROVAL
SUBJECT:
I
COUNCIL MEETING DATE:
NUMBER OF HEARINGS ALREADY SCHEDULED: �(J
APPROVED: �
Ray Sily , Assistant, City Administrator
i
it G
nn � ,
° 1
ZIA
COVER SHEET
FOR
CITY COUNCIL PUBLIC HEARINGS
N/A YES NO
Did Wang type out City Council or Planning Commission
public hearing notice?
( ) ( ) ( If appeal, are appellant and applicant shown on legal notice?
( ) ( ) ( If housing is involved, is "legal challenge paragraph"
included?
If Coastal Development Permit, are the RESIDENT labels
attached and is the Coastal Commission Office on the
labels.
( ) ( ( ) Were latest Assessor's Parcel Rolls used?
Is the appellant's name and address part of the labels?
(� ( ) Is day of public hearing correct — Monday/Tuesday?
Has the City Administrator's Office authorized the public
hearing to be set?
For Public Hearings at the City Council level please revise the last paragraph
of the public hearing notice as follows:
ALL INTERESTED PERSONS are invited to attend said hearing and express
opinions or submit to the City Clerk, written evidence for or against the
application as outlined above. If there are any further questions please call
(insert name of Planner) at 536-5227.
CONNIE BROCKWAY,CITY CLERK
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
(714) 536-5227
The paragraph which is currently on Coastal Commission public hearings should
remain.
0019z
Southern California Edison Co. `
390 East 17th Street, Unit E Huntington Beach LIbrary
Costa Mesa, CA 92627 525 Main Street
Attn: Jim Kennedy Huntington Beach, CA 92648
General Telephone
Underground Alert Service
7352 Slater Ave.
Huntington Beach , CA 92647
Rainbow Disposal ?: 024-150-06
17121 Nichols City of Huntington Beach
Huntington Beach , CA 92647 P.O. Box 190
Huntington Beach, CA 92648 Post Office 024-153-19
6771 Warner Ave. Ahmad Hamed Abdelmuti
Huntington Beach , CA 92647 c/o Jack' s Surfboards
Attn: Chuck Evert 113 Main Street
Huntington Beach, CA 92648
-
024-153-07 024-281-15
Gary V. Mulligan ,, Huntington Beach Company
504 Main Street #A Property Tax
Huntington Beach, CA 92648 P.O. Box 7611
San Francisco, CA 94120
024-153-11 024-150-16
Eldon Willard Bagstad State of California
901 Catalina Ave. Dept. of General Services
Seal Beach, CA 90740 Real Estate Division
650 Howe Ave.
i;
Sacramento, CA 95825
r
i
024-153-14, 14, 13, 8 j?. Metropolitan Water District
Fawzi Abdelfattah P.O. Box 54153
113 N. Main Street Los Angeles, CA 90054
Huntington Beach, CA 92648 Attn: E.J. Thornhill
Southern California Edison Co. Municipal Water Dist. of O.C.
7333 Bolsa Ave. 450 East 17th Street
Westminster, CA 92683 Suite 150
Attn: Ralph Coolidge Santa Ana, CA 92701
Attn: Karl Seckel
024-153-12
Huntington Beach Redevelopment Agency
2000 Main Street
Huntington Beach, CA 92648
Army Corps of Engineers
300 North Los Angeles Street
Los Angeles, CA 90012
024-153-03
City of Huntington Beach
Redevelopment Agency
2000 Main Street
Huntington Beach , Ca 92648
Federal Emergency
Management Agency
Washington DC 20472
P.O. Box 3005
Garden Grove, CA 92642-3033
Attn: Christine- Huard-Spencer
Attn: Tom Pratte
Executive Vice President
Surfrider Foundation
P.O. Box 2704 #86
Orange County Water District Huntington Beach, CA 92647
10500 Ellis Avenue
Fountain Valley, CA 92708
Orange County Historical Comm.
P.O. Box 4043
-- --- ---- -- - - - - -------- ---------- Santa Ana, CA 92702-4048 -
{
Mr. Albert Watkins
207 1/2 Geneva Ave.
Huntington Beach, CA 92648
O.C. Environmental
j Management Agency
Advanced Planning Division
12 civic center Plaza
Southern California Gas Co. Santa Ana, CA 92702-4048
P.O. Box 3334
Anaheim, CA 92803-3334
Attn: Gerald Smith
O.C. Vector Control
P.O. box 87
Santa Ana, CA 92702
Attn: G.L. Challet
Huntington Beach Library
7111 Talbert Avenue.
Huntington Beach , CA 92648
Huntington Beach Historical Society
19820 Beach Blvd.
Huntington Beach, CA 92648
-lational Marine Fisheries Svc+
'IOAA
D-Ol Ocean Blvd. Ste. 4200
I-ong Beach , CA 90802-4221
i.B . Chamber of Commerce
2100 Main Street , Ste . 200
.iuntington Beach, CA 92648
Doug Cavan & Ralph Kosmides
The Ruby Restaurant
110 Newport Center Dr.
Ste . 110
vewport Beach , Ca 92660
National Ocean Survey 024-I54-04, 17-
1801 Fairview Avenue East California Resorts
Seattle, WA 98102 Hasseko Associates
222 5th Street
Huntington Beach, CA 92648
California Coastal Commission
Environmental Protection Agency South Coast District
Washington DC 20460 245 West Broadway, Suite 380
Long Beach , CA 90802
U.S. Fish and Wildlife Services City of Huntington Beach
Division of Ecological Services P.O. Box 190
2400 Avila Road Huntington Beach, CA 92648
Laguna Niguel , CA 92656
024-281-14
U.S. Coast Guard
1911 Bayside Drive City of Huntington Beach,
City Clerk
Corona del Mar, CA 92625 2000 Main Street
Huntington Beach , CA 92648
Connie Brockway,City Clerk
City of Huntington Beach
Office of the City Clerk r JUL2Z '93
P.O. Box 1904.
a' 's i : 1, 'Sk-Sp yypp'qr
Huntington Beach,CA 92 \Qj
-�.t�truAy
Ed
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0 2 4.=15 16 SENDER
Ik
To
St�'te f Ca ifor is
Dept. of G er Services FOrWardl0g jjme.E�pj
�N INGTp "` �'''' ~. '• ` Real Esta Di ision
`O�`N`__=4jF� - `-7� `-"'•;' '._ .._. 650 Howe ve.
Sa ramen o, A 95825
2CF �F6 l7 1909 p0 \�O %
ppUNTY CP LEGAL NOTICE - PUBLIC HEARING
Connie Brockway,City Clerk €•,4t r. /� ". �� ! _, CIS=
City of Huntington Beach
7 {
Office of the City Clerk JUL 2' 5 _
f
K i e
P.O. Box190
Huntington Beach,CA92648
Munici er Dist. of O.C.
4�0 7, Street
INGTpy Suits.
GORPOH4)Fp eFq Santa 701
y Attn: kel
FpOUNTY Cap\ LEGAL NOTICE - PUBLIC HEARING
G°� �as.
STATE OF CAUFORNIA .....-- • •"' "�•�
-- -9--- -.--�`
County of Orange
I am a Citizen of the United States and a
resident of the County aforesaid; I am over the
age of eighteen years, and not a party to or PUBLIC NOTICE COASTAL STATUS: This
interested in the below entitled matter. I am a NOTICE of 1
project is located seaward
PUBLIC HEARING of the math high tide line
I and is in the Original Per-
principal clerk of the HUNTINGTON BEACH CONDITIONAL mit Jurisdiction of. the
EXCEPTION 1 Coastal Commission. This
INDEPENDENT a newspaper of general (VARIANCE) request will be reviewed for
approval In concept"' by
NO.93=23 the City of Huntington
circulation, printed and published in the City of (Plerhead Beach and is subject to
restaurant to final project approval by
Huntington Beach, County of Orange, State of exceed maximum the California Coastal Com
Carifomia, and that attached Notice is a true and building helgh ' m _
NOTICE IS HER building EBY j PUUBLIBLI.C HEARING PRO-
GIVEN that the Huntington CEDURE:
complete copy as was printed and published in Beach City Council will (1)Staff Report;
hold a public hearing in the (2)Public Hearing;
the Huntington Beach and Fountain Valley council Chamber at the ;_ (3> city council Discus
Huntington Beach Civicl sion;and
issues of said newspaper to wit the issue(s) of: Center, 2000 Main Street, (4)City Council action. j
Huntington Beach, Califor-, ON FILE: A copy of the
nia,on the date and at the. proposed request is on file
time indicated below to rg-; in the City Clerk's Office,
ceive•and consider the, 2000 Main Street, Hun.
statements .of all persons tington Beach, California
who wish to be heard rela' 92648, .for inspection by
tive'to the application de, the public. A copy of the
scribed below.. staff report will be available
July 22, 1993 DATE/TIME: Monday, Au' to interested part; at City
gust 2,1993,7.00 PM Hall or_1 m City U-I
APPLICATION NUMBER-1 brary 111 Talbert Av-1
Conditional Exception; enue)after August 5,1993.
(Variance) No. 93-23 (R -� ALL INTERESTED PER-
ferred by- the Planrg SONS are Invited to attend
(Commission) - / - said hearing and,express
APPLICANT: City of Hun. opinions or submit..evi-,
tirigton Beach,:Department dence for or against the
of Public Works application as outlined
LOCATION: 1 Main Street above. If you challenge the
(At the end of the Hun-1 City Council's action In
tington, Beach Municipal, court, you may be limited
Pier) to raising only those,issues
ZONE:Downtown Specific you or someone else)
Plari-District -16-FP3 (Pier-, raised at the public hearing
Related Commercial-i described in this notice, on
Floodplain) ! in written correspondence'
REQUEST: To permit the! delivered to the City Clerk!
proposed two (2) story] at, or prior to, the public!
pierhead restaurant to bej hearing. If there are any'
30 feet in height from the, further questions please
surface of-the pier to the call Jane Madera,Assistant.
I declare, under penalty of perjury,, that the midpoint of the roof line in) Planner,.at5365271.
p ty p 'J •! lieu of 25 feet,-with 45 feet; Connie Brockway,:
for oin is true and correct to the maximum roof peak) City Clerk, Huntington;
in lieu of 35 feet pursuant
to the provisions of the Beach City Council,'
Downtown Specific.. Plan. 2000 Main Street,Hun.
Jul 199 The restaurant was previ- tington Beach, CA
Executed on T' —22 r ously approved by Condi- 92648(714)536.5227!
tional Use Permit No.91-19 .Published Huntington
at Costa M Callfom)a and Coastal Development p Beach-Fountain valley In;
Permit No.91-9.
ENVIRONMENTAL, STA. dependent July 22,1993. 1
TUS:The proposed project 074-847
is covered by Environmen-
tat Impact Report No..89-8
adopted try"_the City Coun-
Slg attire cil on Mgy,15,1990.
PROOF OF PUBLICATION