Loading...
HomeMy WebLinkAbout1985-06-051 [1 MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JUNE 5, 1985 - 1:30 P.M. BOARD MEMBERS PRESENT: Cranmer, Evans, Poe, Smith, Strange STAFF MEMBERS PRESENT: Pierce, Shaw MINUTES: UPON MOTION BY EVANS AND SECOND BY THE REGULAR CRANMER, MINUTES OF MEETING OF MAY 1, TRANSCRIBED, BY THE FOLLOWING 1985, VOTE: WERE APPROVED AS AYES: Cranmer, Evans, Smith NOES: None ABSENT: None ABSTAIN: Poe, Strange UPON MOTION BY EVANS AND SECOND BY THE REGULAR MEETING CRANMER, MINUTES OF OF MAY 8, TRANSCRIBED, BY THE FOLLOWING 1985, VOTE: WERE APPROVED AS AYES: Cranmer, Evans, Smith NOES: None ABSENT: None ABSTAIN: Poe, Strange AGENDA ITEMS TO BE CONTINUED: Conditional Exception No. 85-28 UPON MOTION BY EVANS AND SECOND BY CRANMER, CONDITIONAL EXCEPTION NO. 85-24 WAS CONTINUED, AT THE APPLICANT'S REQUEST, TO THE MEETING OF JUNE 12, 1985, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Poe, Smith, Strung(! NOES: None ABSENT: None REGULAR AGENDA ITEMS: USE PERMIT NO. 85-25 Applicant: SS Simon and Jude Church A request to permit a temporary outdoor event - October 4, 5, and 6, 1985, to be located at 20444 Magnolia Street (Northeast corner of Magnolia Street and Indianapolis Avenue). Minutes, H. B. Board of Zoning Adjustments June 5, 1985 Page 2 This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1970. Ms. Pierce reported this Church has, on an annual basis, been holding a fall festival. They have requested the dates of Friday, October 4 through Sunday, October 6, 1985, for this year's event. They do have rides, amplifiers, speakers, and musical instruments. The need for uniformed police is fairly evident and they will be providing security. The Board of Zoning Adjustments has approved this festival in the past with conditions. However, according to our Land Use Technician, a neighbor had taken his complaint to the City Council after last year's carnival. Following the Council Meeting, he submitted a petition signed by neighbors in the area stating that some restraints should be instituted. The City has, however, received other letters from residents stating they felt the neighbors could endure the festival for such short duration because of its many advantages to the Church and family life. Staff would recommend approval with conditions and restraints such as moving the location of the adult rides away from the residential area, shortening the hours of operation, etc. Daryl Smith mentioned the problems encountered at St. Bonaventure, and Ms. Pierce suggested that Don Shaw, the City's Land Use Technician, might be able to enlighten the Board on the subject. Mr. Shaw stated he was not aware of any serious drinking problems or unsanitary conditions at SS. Simon and Jude last year. The Public Hearing was opened by Daryl Smith. Gregory C. Kempton, Chairman of the Carnival for 1985, was present to represent the Church. Mr. Kempton stated he had been present at the Council Meeting and was also aware that last year's Chairman and the Church janitor had spent considerable time cleaning the residential area around the Church. He stated they were proposing the addition of two (2) more reservists to back up the four (4) uniformed police officers patrolling the area. He also proposed shutting down the rides earlier on Sunday evening - at 8:30 rather than 10:00 P.M. He further stated that putting the rides in the "grassy area", as recommended by Ms. Pierce, would be very hard on the paved surface, would restrict some of the parking, and would not be convenient to gas and electrical hook-ups. Mr. Kempton also asked that the Board not condemn their organization because of St. Bonaventure's problems. George Lim stated he was a neighbor bordering the Church and he would like to say that the carnival is not a peaceful event - it is fairly noisy with lots of traffic. He said residents were unable to find parking spaces and one person had to have a car towed out of his driveway on Saturday night. Mr. Lim stated he felt barricades -2- 6/5/85 - BZA Minutes, H. B. Board of Zoning Adjustments June 5, 1985 Page 3 were necessary for protection of the adjacent homes. He said the rides are tall - maybe fifty feet (501) high - and are ominous to people with homes behind them. The noise from the rides is upsetting, especially to children, and the generators, refrigeration equipment, etc., is also very noisy. Mr. Lim stated the petition submitted by the neighbors was very valid. Eveline Eng said she was also an adjacent resident and the Church was the winner and the neighbors were the losers. Mrs. Eng also mentioned she has a handicapped son and the festival creates a lot of additional stress for him and for herself. She further stated her husband had had to clean up vomit and other debris from their yard, and she did not feel they should have to go through type of aggravation each year. Mr. Lim brought up the fact the "break down" on Sunday night had continued until approximately 3:00 A.M. last year. There was no one else present wishing to speak so the Public Hearing was closed. Michael Strange asked that a condition be included that all related activities of the carnival shall comply with the Noise Standards of the Municipal Code. Mr. Strange also requested that the children's rides be relocated twenty-five feet (251) from the residential area and the adult rides seventy-five feet (751) from the East property line. Les Evans stated he thought Village Drive should be added to the list of streets where barricades should be placed. Mr. Strange asked that a Certificate to Operate not be issued until an on -site inspection was made by the Department of Development Services. EVANS MADE A MOTION FOR DENIAL OF USE PERMIT NO. 85-25 BECAUSE A CARNIVAL THIS SIZE SHOULD NOT BE ALLOWED IN A RESIDENTIAL NEIGHBORHOOD BUT THE MOTION DIED FOR LACK OF A SECOND. UPON MOTION BY CRANMER AND SECOND BY SMITH, USE PERMIT NO. 85-25 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted depicting the modifications described herein: -3- 6/5/85 - BZA Minutes, H. B. Board of Zoning Adjustments June 5, 1985 Page 4 a. Kiddie rides shall be located twenty-five feet (251) and adult rides shall be located seventy-five feet (751) from the East property line 2. Prior to operation of any equipment used in conjunction with the amusement rides, the City shall be in receipt of State Certification and permits showing inspection within a one (1) year period, stating that the rides meet all requirements of the State Industrial Safety Division. 3. A Certificate of insurance form shall be filed in the Administrative Services Department, in an amount deemed necessary by the Public Liability Claims Coordinator, along with a Hold Harmless Agreement executed by the insured, at least five (5) days prior to the event. 4. All Alcoholic Beverage Control requirements shall be met. 5. Prior to issuance of a permit, a layout and circulation plan shall be approved by the Fire Department. Fire access lanes shall be maintained. 6. An on -site inspection by the Fire Department shall be required prior to the event. 7. Any outside cooking facilities shall be approved as to type and location by the Fire Department prior to the event. 8. Prior to the issuance of a permit, appropriate signs (temporary) for the direction of traffic and on -site parking shall be provided by the applicant. Said signs, location and content to be as recommended by the Traffic Division of the Police Department. Barricades shall be placed on both sides of the intersection of Kelvingrove Lane and Indianapolis Avenue and at the intersection of Magnolia Street with Bedel Drive and Village Drive. The applicant shall provide, at their expense, uniformed police officers to man the barricades from one (1) hour prior to the opening of the festival to the close of each day. (To be approved by the Traffic Engineer and Traffic Division of the Police Department.) 9. In a number as determined by the Police Chief, uniformed officers shall be provided on -site during the hours of operation not less than four (4) officers at any time. Cost of this and Condition No. 8 shall be borne by the applicant. -4- 6/5/85 - BZA Minutes, H. B. Board of Zoning Adjustments .Tune 5, 1985 Page 5 10. Use of amplifiers, speakers, musical instruments and playing of recorded music are to be discontinued as of 9:30 P.M. each evening. Speakers shall not be directed towards any housing area. 11. The carnival, and all related activities, shall comply with all applicable sections of the Municipal Code requirements pertaining to the Noise Ordinance. 12. All operations of the festival, including tear down of machinery, other than necessary refrigeration units (if provided), shall be as follows: Friday 5:00 PM - 10:00 PM Saturday 10:00 AM - 10:00 PM Sunday 11:00 AM - 10:00 PM 13. If a refrigeration truck is provided, it shall be placed as far away from residential property as possible to minimize noise. 14. The applicant shall provide for clean-up of the area each evening after closing of the event. Clean-up of the site, after 10:00 P.M., shall not include the use of any machinery or equipment that may disturb the residents in the area. All trash, debris and garbage, as well as special dumpsters, shall be removed from the site within two (2) days of closing of the event. 15. The applicant shall provide professional clean-up crews to clear the adjacent streets of trash and debris. This clean-up shall not commence prior to 7:00 AM each morning. 16. An on -site parking plan shall be submitted showing access to and number of spaces. Plan to be approved by Traffic Engineer and Traffic Division of Police Department. 17. An announcement should be made to parishioners requesting that they refrain from parking on neighborhood streets. 18. The church shall provide church personnel to patrol street parking areas (Magnolia and Indianapolis) to prevail upon those utilizing street parking to cross streets at the intersection. 19. When site is ready for the event, an on -site inspection shall be made by the Department of Development Services. If all site conditions are met, a Certificate to Operate shall be issued. The festival shall not commence until the Certificate to Operate has been issued. -5- 6/5/85 - BZA Minutes, H. B. Board of Zoning Adjustments June 5, 1985 Page 6 20. In the event there are any violations to the foregoing conditions or any violation of life safety codes, the festival activity will be terminated by any Police Officer, Fire Inspector or authorized personnel of the Department of Development Services. AYES: Cranmer, Poe, Smith, Strange NOES: Evans ABSENT: None ADMINISTRATIVE REVIEW NO. 85-25 Applicant: Rose Cleaners A request to permit an outdoor display for a Grand Opening at 19486-88 Beach Boulevard (East side of Beach Boulevard North of Yorktown Avenue). This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1970. Staff stated this is a request to hang two (2) temporary signs on the building front for their Grand Opening. The applicant came to the City and was advised he would have to go through the Administrative Review process. He placed the banners on his business the day he filed his application and Staff would recommend he be granted approval only for thirty (30) days from that date - which would expire on June 20, 1985. UPON MOTION BY EVANS AND SECOND BY CRANMER, ADMINISTRATIVE REVIEW NO. 85-25 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual sign plan and location plan received May 20, 1985, shall be the approved layout for Rose Cleaners' temporary signing. 2. Said signs may be displayed until June 20, 1985. AYES: Cranmer, Evans, Poe, Smith, Strange NOES: None ABSENT: NONE REVISED TENTATIVE PARCEL MAP NO 85-160 Applicant: B. G. Williams A request to create two (2) parcels on property located at the Northeast corner of Beach Boulevard and Atlanta Avenue. -6- 6/5/85 - BZA Minutes, H. B. June 5, 1985 Page 7 Board of Zoning Adjustments This request is covered by Categorical Exemption, Class 15, California Environmental Quality Act, 1970. Susan Pierce reminded the members this parcel map had been before the Board on previous occasions. It was a map showing three (3) parcels and was not approved by this body. It is now being presented for creation of two parcels and has a split zoning of C4 and R2-PD. It will still not accommodate a nice project on the site and Staff is recommending denial until the developer can purchase enough land to make it a five (5) acre site. The conditions were read to Joe Hartge, representative of the applicant, and he agreed to them with the inclusion of the reciprocal ingress and egress clause. UPON MOTION BY EVANS AND SECOND BY CRANMER, REVISED TENTATIVE PARCEL MAP NO. 85-160 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed subdivision of two (2) parcels for purposes of commercial/residential use in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for community business district allowing commercial/residential buildings was placed on the subject property. 4. The size, depth, frontage, street width and other design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standards plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. CONDITIONS OF APPROVAL: 1. The Tentative Parcel Map received by the Department of Development Services on May 28, 1985, shall be the approved layout. -7- 6/5/85 - BZA Minutes, H. B. Board of Zoning Adjustments June 5, 1985 Page 8 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. The Beach Boulevard frontage road and Atlanta Avenue shall be dedicated to City standards. 4. Water supply shall be through the City of Huntington Beach's water system at the time said parcel(s) is/are developed. 5. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel(s) is/are developed. 6. All utilities shall be installed underground at the time said parcel(s) is/are developed. 7. Compliance with all applicable City Ordinances. 8. The flood control channel shall be fenced to Flood Control District standards and City standards at the time said parcel(s) is/are developed. 9. A copy of the recorded parcel map shall be filed with the Department of Development Services. 10. Vehicular access rights shall be dedicated to the City of Huntington Beach except at locations approved by the Planning Commission or City Council. 11. A reciprocal ingress/egress agreement between Parcels 1 and 2 shall be prepared and submitted to the City Attorney's Office for review and approval. When approved, it shall be recorded concurrently or prior to recordation of the Final Map. A copy of the recorded document shall be filed with the Department of Development Services. 12. Existing southerly driveway in Parcel 1 to be relocated to accommodate the reciprocal easement along the northerly line of Parcel 2. 13. Modifications to other access driveways and/or the frontage road median may be necessary at time Parcel 2 develops. AYES: Cranmer, Evans, Poe, Smith, Strange NOES: None ABSENT: None we 6/5/85 - BZA Minutes, H. B. Board of Zoning Adjustments June 5, 1985 Page 9 SITE PLAN AMENDMENT NO. 85-19 Applicant: Jack Schroeder A request to allow a thirty-seven foot (371) high telephone pole to be located in an extra parking space. Pole will be used with an antenna to test accuracy of electrical/mechanical parts. Subject property is located at 17831 Jamestown Lane (East side of Jamestown Lane approximately 190 feet South of Woodwind Drive). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1970. Staff reported this is an existing industrial property which was first approved in 1980. The applicant, by building permit, obtained permission to construct a tower. At that time, the Board was not required to process a Site Plan Amendment for it. The applicant is now proposing to build a structure on the parking lot - a thirty-seven foot (37') high telephone pole to hold an antenna which will receive signals from a part on the tower to test the accuracy of electrical and mechanical parts. Staff would recommend approval of both the tower and the telephone pole with the stipulation that no other structures be permitted on this lot. The applicant, Jack Schroeder, was present and agreed to the conditions. UPON MOTION BY EVANS AND SECOND NO. 85-19 WAS APPROVED WITH THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: BY CRANMER, SITE PLAN AMENDMENT FOLLOWING CONDITIONS, BY THE 1. The site plan and elevations received and dated May 20, 1985, shall be the approved layout for this amendment to Administrative Review No. 80-55, Lot 10. 2. No other structures shall be permitted in the required parking area. AYES: Cranmer, Evans, Poe, Smith, Strange NOES: None ABSENT: None Chairman Smith noted that Glen Godfrey is proposing an amendment to the By -Laws and would like to discuss said changes at the next regular meeting. Mr. Smith also noted the Director of Development Services still had not received a reply from the City Attorney's Office to his request for clarification of the Board's responsibility in approving projects located in the downtown seismic safety area. -9- 6/5/85 - BZA Minutes, H. B. Board of Zoning Adjustments June 5, 1985 Page 10 UPON MOTION BY CRANMER AND SECOND BY SMITH, THE REGULAR MEETING WAS ADJOURNED TO THE STUDY SESSION ON MONDAY MORNING, JUNE 10, 1985, AT 10:00 A.M., AFTER PROPER POSTING, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Poe, Smith, Strange NOES: None ABSENT: None G Pen. Godfrey, Secretary Board of Zoning Adjustments 1 -10- 6/5/85 - BZA