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HomeMy WebLinkAbout1979-09-05 (7)MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, SEPTEMBER 5, 1979 - 1:15 P.M. BOARD MEMBERS PRESENT: Lipps, Crosby, Ott MINUTES: ON MOTION BY CROSBY AND SECOND BY OTT THE MINUTES OF AUGUST 29, 1979 WERE APPROVED, AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Ott NOES: None ABSENT: None REGULAR AGENDA ITEMS: SPECIAL EVENT NO. 79-20 (Cont. from 8/29/79) Applicant: St, Bonaventure Parish To permit an annual fall festival to be held October 12, 13, and 14, 1979 located at 16400 Springdale Street, Huntington Beach. Mr. Tom Fourmont was present to represent the application. Chairman Crosby introduced the application to the Board and requested that the applicant's representative expand on the appli- cation request. Mr. Fourmont stated that the proposal was for the annual fall festival of the St. Bonaventure Parish. Rides, games, food and beer booths were proposed. He presented the Board with letters in favor of the proposal from surrounding property owners. Chairman Crosby stated that although the application was not a public hearing, the Board would receive testimony from anyone in the audience wishing to address the Board. Ms. Virginia Mason presented letters to the Board in opposition to the proposal. At this point, Board reviewed letters both in opposition and in favor of the proposal. Ms. Poucen addressed the Board and stated that she was the spokes- woman for several of the neighboring property owners. She requested the event be cancelled due to vandalism, noise, and garbage problems that had occurred the.,previous year, and further stated that the event was not properly controlled with the large crowds that attended the previous year.,.. Minutes: H.B. Board of Zoning Adjustments Wednesday,. September 5, 1979 Page Two Ms. Mason addressed the Board again and brought out some concerns as stated in a letter by Mr. Armstrong, i.e., toilet facilities, damage to property, and safety of persons, especially small children. Mr. Marshburn of the Fire Department was present and addressed the Board stating that he had a difficult time issuing permits last year for the fall festival due to lack of cooperation, how- ever, once the proper persons were contacted, concerns were rectified, and cooperation was given. He further cited that the festival attracted a great number of people and that parking was a problem. He gave his opinion that the festival was too large for the site proposed, and suggested that the shopping centers (Huntington Center and Seacliff Center) were receptive to this type of affair and that parking and crowd control would be easier at such a location. Lt. Patton of the Police Department addressed the Board and stated that residential streets were not designed to handle the amount of traffic that the festival attracted. He cited parking problems on and off the site, some vandalism, i.e., tramping of flowers, bent automobile antennas, knocking down of small fences, noise. He then proposed that parking be restricted entirely on Bradbury and Orlando during the three days the festival is being held, how- ever also cited the drawback that local residents would also be restricted from parking on those two streets during the time of the festival. He further proposed additional Police Officers be utilized to assist with traffic control, and to prevent vandalism. In answer to Secretary Lipps' question of amount of arrests resulting from festival, Lt. Patton stated that some arrests were made (not on the church grounds) for drag racing, alcohol in automobiles. No major traffic accidents occurred as a result of the festival, however, some "fender -benders" occurred because of too many people coming or going at the same time. Mr. De La Cuesta addressed the Board and stated that he had attended the festival for many years and stated that the festival had always been conducted in a peaceful and dignified manner. Mr. Fourmont stated that the church had never bussed in anyone except for a small band from the Valley and that he was proposing to relocate the generator to alleviate noise problems to the neighbors. Mel Ott stated that this type of operation was designed to attract people, therefore, all problems could not be solved. He felt that the festival had outgrown the proposed location and that alternative sites should be pursued. Minutes: H.B. Board of Zoning Adjustments Wednesday, September 5, 1979 Page Three Secretary Lipps stated that the annual three day event was a vital fund raising event and that in order to deny the event, the evidence must show that the proposal is extremely detri- mental to the neighborhood, and further, he felt that the con- cerns of the neighbors could be solved with conditions of ap- proval being placed on the special event. He displayed further concern over setting a precedent if the fund raising event is denied. Mel Ott felt that the fund raising event should be continued, however, alternative sites should be sought, whereby it would not be detrimental to a residential neighborhood. Chairman Crosby felt that the festival had outgrown the location in which it is proposed and felt that alternative sites should be sought. ON MOTION BY OTT AND SECOND BY CROSBY, SPECIAL EVENT NO. 79-20 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: REASONS FOR DENIAL: 1. The impact to the surrounding residential neighborhood is too great, and the location of an alternative site is required due to the size to which the festival has grown. 2. Even though the problems on the proposed site can be solved, and that all site operations are smooth, it is impossible to control crowds after they leave the site and filter into the residential area where vandalism, extreme traffic congestion to local residential streets, discarded rubbish, etc. have occurred. 3. An alternative site within the City would still allow the festival to be identified with the community and would not impact residential uses. AYES: Ott, Crosby NOES: Lipps ABSENT: None FOLLOWING IS A MINORITY REPORT SUBMITTED BY SECRETARY LIPPS: The "NO" vote on the motion for denial of the subject special event application was cast for the following reasons: 1. There were not an overwhelming number of residents in the neighbor- hood directly adjacent to the church opposing approval of the subject special event. 2. For the number of residents who did oppose, there was an equal number who were in favor of the event. 3. Although there were requests for input made by both the proponents and opponents of the event, the total response was from less than a dozen citizens. Minutes: H.B. Board of Zoning Adjustments Wednesday, September 5, 1979 Page Four 4. Disturbances to the adjacent homeowners can be minimized by the proper conditions of approval of this event and additional securit personnel offered by the applicant. S. The reports given at the meeting by the representative of the Fire Department and Traffic Division of the Police Department did not indicate life safety problems of any considerable degree and both repre- sentatives indicated that the problems could be adequately handled. 6. This event has been conducted traditionally each year and is a vital fund raising activity for the church which should not be denied unless there is a preponderance of evidence that the event is detrimental to the whole neighborhood. That evidence was not presented at'the Board of Zoning Adjustments meeting on September 5, 1979. USE PERMIT NO. 79-28 Applicant: Paul J. Hamilton To permit the sale of automobiles located on the west side of Beach Boulevard, approximately 500 feet north of Holland Drive. This application is covered by Negative Declaration No. 79-58. ON MOTION BY LIPPS AND SECOND BY OTT THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 79-58 WITH THE MITIGATING MEASURE CONTAINED IN USE PERMIT NO. 79-28 GENERAL CONDITION NO. B-12 IMPOSED ON THE USE PERMIT APPLICATION, BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Ott NOES: None ABSENT: None Mr. Hamilton, the applicant, was present. Also present was Mr. DeLaCuesta, property owner. Chairman Crosby introduced the application to the Board. The public hearing was opened. Mr. Hamilton addressed the Board stating that his intention was to operate a sell -your -own car'lot. He further stated that individuals would lease a space for one week or less for the purpose of selling their automobile, and if the seller was not present at time of prospective buyers' presence, a central location would be provided to allow messages to be left and forwarded to seller. Secretary Lipps stated that the applicant was proposing to occupy a portion of the property and that the applicant was proposing to place a permanent structure on the site and develop the property to the rear in a period of time. Minutes: H.B. Board of Zoning Adjustments Wednesday, September 5, 1979 Page Five Restroom facilities and various permit and drainage fees were discussed. Mr. DeLaCuesta objected to the drainage fee that would have to be paid on a temporary use. Secretary Lipps, however, noted that the applicant had intended to place a permanent structure on the site eventually. It was the consensus of the Board that the proposal was a needed use within the City. There being no other parties present to speak on the application, the public hearing was closed. Board discussion followed. Conditions of approval and findings were discussed. ON MOTION BY LIPPS AND SECOND BY OTT USE PERMIT NO. 79-28 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The establishment, maintenance, and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. b. Property and improvements in the vicinity of such use or building. 2. The granting of a Use Permit will not adversely affect the Master Plan of the City of Huntington Beach. 3. The proposal is consistent with the City's General Plan of Land Use. CONDITIONS OF APPROVAL: A: TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received August 27, 1979, shall be the approved layout, subject to the modifications described herein: a. Revise plan to show minimum nine (9) foot landscape area along Beach Boulevard frontage. b. Revise plan to include permanent structure on site and future development of remaining property. C. Show separation fence at rear of sales area betweeen developed and undeveloped portions of site. Minutes: H.B. Board of Zoning Adjustments Wednesday, September 5, 1979 Page Six A plan delineating said modifications shall be submitted to the Secretary of the Board. If such plan complies with the modifications outlined by the Board, said plan shall be approved and made a permanent part of the administrative file. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Traffic circulation and drives; Parking layout; Lot area; Lot width and lot depth; Type of use and its relation to property and improvements in the immediate vicinity; Past administrative action regarding this property. 2. The following plans shall be submitted to the Secretary of the Board: a. Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equip- ment and shall delineate the type of material proposed to screen said equipment. B. GENERAL CONDITIONS: 1. Place "No Parking" signs and red curb along Beach Boulevard as required by Traffic Division of Public Works Department. 2. This Use Permit shall become null and void one (1) year from date of approval and a new Use Permit will be required in order to continue this activity. 3. All activity shall be limited to the easterly 132 feet of the site and the remaining portion of the site shall not be used for sales, storage, testing, or any other use. 4. This entitlement is for Phase 41 of the development. 5. Any proposed signs shall meet the requirements of Article 976 and shall be approved by the Secretary of the Board of Zoning Adjustments. 6. No inoperable or dismantled vehicles shall be permitted to remain upon the site. 7. Property shall be posted pursuant to California Vehicle Code Section 22658 for removal of unauthorized vehicles. F� Minutes: H.B. Board of Zoning Adjustments Wednesday, September 5, 1979 Page Seven 8. Sales activity shall be strictly limited to automobile sales and sale of any other products are prohibited. 9. There shall be no repair or servicing of vehicles on the site. 10. Location of vehicles to conform with Section 9432.8.1, Sight Angle Requirements. 11. Temporery trailer to provide rest room facilities per Plumbing Code. 12. If lighting is included in the parking lot, energy efficient lamps shall be used (e.g. high pressure sodium vapor, metal halide). All outside lighting shall be directed to prevent "spillage" onto adjacent properties. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None USE PERMIT NO. 79-30 Applicant: Dorothea Masse To permit a retail use in twenty-five (25) percent of floor area located at the northwest corner of Nichols and Slater. This application is a categorical exemption, Class 1, California Environmental Quality Act, 1970. Ms. Masse, the applicant, was present. The public hearing was opened. Secretary Lipps introduced the application to the Board. He stated that the applicant was requesting to utilize twenty-five (25) percent of a 1700 square foot industrial building for purposes of retailing used baby goods. Ms. Masse addressed the Board and stated that she was conducting a repair business in the remainder of the building, however, is requesting to utilize twenty five percent for retail purposes. There being no parties present to speak on the application, the public hearing was closed. Findings and conditions of approval were discussed. ON MOTION BY CROSBY AND SECOND BY OTT, USE PERMIT NO. 79-30 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: Minutes: H.B. Board of Zoning Adjustments Wednesday, September 5, 1979 Page Eight FINDINGS• 1. The establishment, maintenance, and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. b. Property and improvements in the vicinity of such use or building. 2. The granting of a Use Permit will not adversely affect the Master Plan of the City of Huntington Beach. 3. The proposal is consistent with the City's General Plan of Land Use. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received August 21, 1979, shall be the approved layout. 2. The use shall be in compliance with Section 9530.2 of the Huntington Beach Ordinance Code. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 79-37 Applicant: Olson Engineering, Inc. To permit the reduction of two required parking spaces located on the east side of Chemical Lane, at the south corner of Commercial Drive. This application is covered by EIR 73-16, approved by the City Council on March 18, 1974. Mr. Jerry Coker was present to represent the application. Secretary Lipps introduced the application to the Board. The public hearing was opened. Mr. Coker outlined the proposal as requesting the elimination of two required parking spaces to provide room for a proposed gasoline storage shed. He further stated that the facility employed 14 people, with only 12 working at any one time and that 22 parking spaces were provided. Therefore, he felt the elimination of the two parking spaces would not be detrimental to existing parking. 1 Minutes: H.B. Board of Zoning Adjustments Wednesday, September 5, 1979 Page Nine There being no other parties present to speak on the application, the public hearing was closed. Board discussion followed. Alternatives for the proposed shed location and rearrangement of present parking was discussed. Secretary Lipps informed the applicant that in order for the Board to grant a conditional exception, a hardship would have to be demonstrated, and it was the consensus of the Board that the proponent did not demonstrate a justifiable hardship. Further discussion ensued regarding rearrangement of parking, whereby the proponent would not lose any parking spaces. It was the consensus of the Board and with the concurrence of the applicant, that the application be withdrawn. ON MOTION BY LIPPS AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 79-37 WAS WITHDRAWN BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Ott NOES: None ABSENT: None SPECIAL EVENT NO. 79-21 Applicant: Pat's Ski and Sport Shop To permit a special event for a sidewalk sale to be held September 15 and 16, 1979 located at 8909 Adams Avenue (northwest corner of Magnolia and Adams Avenue). Board reviewed the proposal. The applicant was not present. Lt. Patton from the Police Department was present and stated that the special event did not present any problems in the past and that it had been a well organized event. Conditions of approval were discussed. ON MOTION BY LIPPS AND SECOND BY CROSBY SPECIAL EVENT NO. 79-21 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The plot plan received August 7, 1979, shall be the approved layout. 2. The applicant shall obtain all necessary electrical permits. 3. An on -site inspection by the Fire Department shall be required prior to the event. 4. A certificate of insurance shall be filed in the Finance Depart- ment five (5) days prior to the event. Minutes: H.B. Board of Zoning Adjustments Wednesday, September 5, 1979 Page Ten 5. If Fire Department determines that emergency access is needed, applicant shall provide alternate sales area. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None THERE BEING NO FURTHER BUSINESS, THE•MEETING WAS ADJOURNED. 0)w&-A' &;Ow� Walter Lipps, Secretary Board of Zoning Adjustments 1