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HomeMy WebLinkAbout1985-08-28MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS WEDNESDAY, AUGUST 28, 1985 - 1:30 P.M. BOARD MEMBERS PRESENT: STAFF MEMBERS PRESENT: Room B-6 - Civic Center 2000 Main Street Huntington Beach, California Evans, Strange, Smith, Vincent Hess, Shaw MINUTES: UPON MOTION BY EVANS AND SECOND BY STRANGE, MINUTES OF THE REGULAR MEETING OF AUGUST 7, 1985, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Strange, Smith, Vincent NOES: None ABSENT: Cranmer AGENDA ITEMS TO BE CONTINUED: ADMINISTRATIVE REVIEW NO. 85-42 Applicant: Dewayne Brown UPON MOTION BY EVANS AND SECOND BY SMITH, AND AT THE APPLICANT'S REQUEST, ADMINISTRATIVE REVIEW NO. 85-42-WAS CONTINUED TO THE MEETING OF SEPTEMBER 11, 1985, BY THE FOLLOWING VOTE: AYES: Evans, Strange, Smith, Vincent NOES: None ABSENT: Cranmer REGULAR AGENDA ITEMS: RECONSIDERATION OF CONDITIONAL EXCEPTION NO. 85-44 (Continued from August 21, 1985) Applicant: Robert and Marlene Anderson A request to construct a two-story addition (garage with Bedroom and two Baths above) that encroaches two feet (21) into the required five foot (51) side yard setback and that encroaches three feet (31) to nine feet (91) into the required front yard setback, and to permit a driveway and approach off Frankfort Avenue. Subject property is located at 841 Frankfort Avenue (Near Southwest corner of Beach Boulevard and Indianapolis Avenue). Minutes, H. B. Board of Zoning Adjustments August 28, 1985 Page 2 This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Scott Hess stated the original request was brought before the Board on August 14, 1985, and the Board had denied it based on the City Council's action to maintain Indianapolis Avenue as an arterial highway along the North property line of this applicant's property. That would require purchasing of this property by the City if and when Indianapolis Avenue was to be widened to eighty feet (801) to meet the arterial highway requirements. Since that time, it has been called to the attention of several City Staff members that Indianapolis Avenue will only be widened to sixty feet (601) and not eighty feet (801), and that is the reason for this reconsideration today. Staff is recommending approval for the garage and second story addition but not the two foot (21) side yard setback as there are several other properties in the area who have maintained the five foot (51) setback. Daryl Smith asked if the adjacent properties were notified of this reconsideration hearing. Staff said they had been but no responses were received. Chairman Smith opened the Public Hearing and the applicant, Robert L. Anderson, was present. Mr. Anderson presented photographs he had taken of the adjacent neighborhood showing other buildings with setback variances, and added that his neighbor, Dr. Henry Kaufman does not object to the addition. Mike Strange asked if the applicant intended to retain the garage on the back of the lot and Mr. Anderson said he did because of the lack of street parking on the cul-de-sac. Jim Vincent stated the Fire Department would require a one (1) hour fire wall on the side of the building next to Dr. Kaufman's property. Daryl Smith addressed the problems of the parcel's triangular configuration and said it was his understanding this portion of the building addition would be lowered into the ground to where it would be only one and one-half stories above ground level. There was no one else present wishing to speak so the Public Hearing was closed. Daryl Smith said he would make a motion for approval of this request with revised conditions as discussed. Mike Strange said he would be voting against the project but pointed out that, if the Board chose to approve it, the applicant would need to file for consolidation of his two lots into one. UPON MOTION BY SMITH AND SECOND BY VINCENT, CONDITIONAL EXCEPTION NO. 85-44 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: -2- 8/28/85 - BZA Minutes, H. B. Board of Zoning Adjustments August 28, 1985 Page 3 FINDINGS FOR APPROVAL: 1. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The property is triangular in shape. 2. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception No. 85-44 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 8. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted depicting the modifications described herein: a. Fully dimensioned site plan b. One (1) hour fire wall on the South side of the building to the satisfaction of Fire Department regulations 2. Prior to final occupancy, the applicant shall file a parcel map or parcel map waiver request to consolidate the two lots. The parcel map or plat map and notice shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Development Services prior to final occupancy. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. Proposed structures shall be architecturally compatible with existing structures in terms of building materials, roof pitch,_ and colors. 5. Proper alley dedication shall be made prior to the issuance of building permits if necessary. 6. Sidewalks shall be installed to the satisfaction of the Public Works Department. -3- 8/28/85 - BZA Minutes, H. B. Board of Zoning Adjustments August 28, 1985 Page 4 AYES: Evans, Smith, Vincent NOES: Strange ABSENT: Cranmer ADMINISTRATIVE REVIEW NO. 85-41 Applicant: Bill D. Armstrong A request to permit exterior remodeling of an existing restaurant located at 5005 Warner Avenue (Northeast corner of Warner Avenue and Bolsa Chica Street). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. This was continued from the last meeting, Staff reported, because no one was present to represent the applicant. Staff has since met with the applicant to discuss revisions to the plans. Since the building faces an arterial highway, the City is concerned with the aesthetics of the building. Staff is recommending approval subject to conditions. Les Evans stated the Assessor's Map did not indicate that street dedication at the corner of Bolsa Chica Street and Warner Avenue had t been made to the City and should be added as a condition of approval The applicant, Bill Armstrong, was present at this meeting. He stated that, since talking with Scott Hess, he had conferred with representatives of Kentucky Fried Chicken and they were not happy with Staff's recommendations. They do not want to remove the pole sign nor the sign on the West side of the building. Scott Hess said the revised plan submitted by Mr. Armstrong (the one upon which Staff was basing his recommendation of approval) showed the pole sign being removed. Staff would further like to have the roof sign made into a fascia type and secured to the building. Dale Haukland of Kentucky Fried Chicken was present. Mr: Haukland stated they had previously informed Mr. Armstrong that it would be necessary to improve his property in order to retain his franchise. Mr. Armstrong has made improvements to the interior and is now working on the outside. The building has a mansard -type roof and we would like to keep the signage on the West side, as well as leaving the free standing sign the way it is. A general discussion followed concerning the signs - the height, placement, and type. EVANS MOVED FOR APPROVAL WITH REVISION OF CONDITION NO. 2 TO READ THAT "ALL SIGNS SHALL BE IN CONFORMANCE WITH ARTICLE 976 OF THE ORDINANCE CODE AND WITH THE RECOMMENDATION FOR DEDICATION OF THE CORNER RADIUS AT BOLSA CHICA STREET AND WARNER AVENUE." SECONDED BY DARYL SMITH. MOTION FAILED TO CARRY BY THE FOLLOWING VOTE: -4- 8/28/85 - BZA L 1 Minutes, H. B. Board of Zoning Adjustments August 28, 1985 Page 5 AYES: Evans , Smith NOES: Strange, Vincent ABSENT: Cranmer Jim Vincent said he would move for approval with the conditions that the sign on the West side be reduced to 38 Square Feet, the pole sign be reduced to a monument sign, the corner radius dedication at Bolsa Chica Street and Warner Avenue be instituted, and other standard conditions presented by Staff. Michael Strange stated he would second it if the maker of the motion would agree to the addition of a condition requiring the restriping of the parking lot to bring it up to Code standards. Jim Vincent agreed to this additional condition. UPON MOTION BY VINCENT AND SECOND BY STRANGE, ADMINISTRATIVE REVIEW NO. 85-41 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The site plans and elevations dated August 26, 1985, shall be the approved plans with the conditions stated herein. 2. All signs shall be in conformance with the following stipulations: a. The two (2) existing roof signs on the South side of the building shall be removed. b. One sign on the cupola face may be permitted in accord with Article 976 of the Huntington Beach Ordinance Code. c. The roof sign on the West reduced to 38 Square Feet shall conform with Article Ordinance Code. side of the building shall be (placed on a fascia board) and 976 of the Huntington Beach d. The pole sign shall be reduced to a monument sign not to exceed ten feet (101) in height and provided with a base which is architecturally compatible with the existing buildings, and shall conform with Article 976 of the Huntington Beach Ordinance Code. 3. The cupola roof shall match the existing mansard roof in terms of materials and colors and shall be subject to review and approval by the Development Services Director. -5- 8/28/85 - BZA Minutes, H. B. Board of Zoning Adjustments August 28, 1985 Page 6 4. Dedication shall be made at the intersection of Warner Avenue and Bolsa Chica Street to the satisfaction of the Public Works Department, if this has not already been completed. 5. Restriping of the parking lot shall be completed to the satisfaction of the Development Services Department. AYES: Strange, Smith, Vincent NOES: Evans ABSENT: Cranmer USE PERMIT NO. 85-44 Applicant: Ed Giardina/St. Bonaventure Church A request to permit'a'temporary outdoor event (Festival) on October 11, 12 and 13, 1985. Subject property is located at 16400 Springdale Street (Northeast corner of Heil Avenue and Springdale Street). This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1984. Staff reported this request is for a three (3) day festival on the Church property. We have notified the adjacent property owners since this is located in an R-1 Zone. Staff is recommending approval with basically the same conditions as imposed last year. The Public Hearing was opened by Chairman Smith and Ed Riel, Chairman of this year's festival, explained the Church would be celebrating their twentieth anniversary. Mr. Riel further stated the parish now incorporates over 3,000 families and he would like to see the parishioners and the adjacent residents come together in a community spirit. After questioning by Daryl Smith, the applicant agreed to the conditions which had been presented to him. Virginia Mason, a resident of the neighborhood, asked that a condition be added to barricade the left turn lane off Orlando Drive and that a letter be circulated to the involved residents showing the contact person's name, along with a map showing which streets will be barricaded. There was no one else present wishing to speak so the Public Hearing was closed. Jim Vincent wanted a condition changed to stipulate that all Fire Department permits be obtained at least seven (7) days in advance to give them ample time for proper inspections prior to opening day of , the festival. -6- 8/28/85 - BZA Minutes, H. B. Board of Zoning Adjustments August 28, 1985 Page 7 UPON MOTION BY VINCENT, SECONDED BY STRANGE, USE PERMIT NO. 85-44 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 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 the use permit sill not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the City's General Plan of Land Use. CONDITIONS OF APPROVAL: 1. Prior to the event, the following shall be completed: a. All necessary electrical permits shall be obtained. b. 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 insured, at least five (5) days prior to the event. C. An on -site inspection by the Fire Department shall be required prior to the event. The applicant shall apply for a Fire Department permit at least seven (7) days prior to the event to allow for this inspection and to allow sufficient time for final documents to be issued. The applicant shall also submit, along with the application, a detailed plot plan indicating fire lanes and booth, ride, and large equipment locations. The applicant shall meet with a Fire Department representative at time of issuance of permit to receive approval of the submitted plot plan. The site shall be inspected for compliance prior to 10:00 A.M. on the opening day. d. Submittal of a written agreement from the Redeemer Lutheran Church across the street for the provision of 150 spaces in addition to the 311 parking spaces provided on the Church site itself. -7- 8/28/85 - BZA Minutes, H. B. Board of Zoning Adjustments August 28, 1985 Page 8 e. 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 one (1) year period, stating that the rides meet all requirements of the State Industrial Safety Division. f. The Church shall provide a name and telephone number of a contact person with whom the local residents may make contact about any complaints they may have on the festival activities between the dates of October 11 through October 13, 1985.' g. The Church shall distribute a letter to the affected residents indicating the contact person's name and a map showing what streets will be barricaded. h. A certificate to operate shall be issued by the Director of Development Services. 2. The hours of operation of the festival shall be limited to the following: Noon to 9:30 P.M. on Friday, 10:00 A.M. to 9:30 P.M. on Saturday, and 2:00 P.M. to 9:30 P.M. on Sunday. 3. All operations of the festival, including machinery other than necessary refrigeration units, shall desist between the hours of 9:30 P.M. and 8:00 A.M. 4. Use of amplifiers, speakers, musical instruments, and playing of recorded music are to be discontinued as of 9:00 P.M. each evening. 5. All activity on the site or clean-up activity off site shall be shut down by 11:00 P.M. All activities shall conform to the provisions of the Huntington Beach Ordinance Code regarding noise. 6. In number, as determined by the Police Chief, uniformed officers shall be provided on site during the operation hours of the event except that there shall be a minimum of ten (10) security officers and one (1) supervising officer on site from 6:00 P.M. to the close of the event on Friday, October 11, 1985, and from 2:00 P.M. to closing on Saturday and Sunday, October 12 and 13, 1985. The contract for the officers shall include an one-half hour period before and after the scheduled duty time for briefing and travel time. Where there may not be a sufficient number of Huntington Beach Police officers, the applicant shall hire private security guards. -8- 8/28/85 - BZA Minutes, H. B. Board of Zoning Adjustments August 28, 1985 Page 9 7. Two (2) people from the Church shall patrol the adjacent surrounding neighborhoods during the hours of the festival operation to control trespassing and littering from occurring; and additional Church personnel shall monitor Springdale Avenue to deter patrons from jaywalking to reach the carnival or parking lot. 8. The Board recommends that an announcement be made in the Church to ask the parishioners not to park on the neighborhood streets, and that workers at the event itself be encouraged to park in the Lutheran Church parking lot. 9. The following traffic, circulation and on -site parking provisions shall be made during the event: a. Barricades shall be placed at the intersections of Springdale Street and Brassie Circle, Springdale Street and Orlando Drive, Heil Avenue and Bradbury Lane, Orlando Drive and Bradbury Lane, and Orlando Drive and Angler Lane. The applicant shall provide, at their expense, uniformed police officers to man the barricades at all times during the hours of operation at all locations except Orlando Drive and Angler Lane, 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). Barricades shall be delivered and available for placement one (1) day prior to the event. b. 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. C. The vehicular access off Orlando Drive and Bradbury Lane shall be secured and not used for ingress/egress to the site except for emergency purposes. d. All vehicular ingress and egress to the site shall be via the Church driveway located mid -block on Springdale Street. e. Vehicular parking shall be prohibited on the driveway leading to Orlando Drive so that emergency access will not be impeded. f. Some additional temporary fencing shall be erected along Bradbury Lane to close off any access from that street into the festival grounds. -9- 8/28/85 - BZA Minutes, H. B. Board of Zoning Adjustments August 28, 1985 Page 10 ' g. Any refrigeration truck to be placed on site shall be located as near as possible to the intersection of Springdale Street and Heil Avenue to minimize noise from the unit. h. The police shall place barricades at the left turn lane on Orlando Drive to prevent any turning into the Church property at this location. 10. All equipment and manpower required by Condition Nos. 3 and 9. a. shall be provided at the applicant's expense. 11. No structures, booths, etc., shall be erected on the site sooner than two (2) weeks prior to the event, and all evidence of the activity (booths, rides, and other material) shall be completely removed from the site within two (2) weeks of closing of the festival. All rental equipment shall be removed from the site within one (1) week of closing of the festival. 12. The applicant shall provide professional clean-up crews to clear the adjacent streets of trash and debris each evening after closing of the activity. 13. All trash, debris, and garbage, as well as special dumpsters, shall be removed from the site within two (2) days of the closing of the festival. 14. Alcoholic beverage sales are subject to review and approval of the Alcoholic Beverage Control Board and issuance of a license. 15. In the event there are any violations of the foregoing conditions or any violations of life safety codes, the festival activity will be terminated and not permitted to reopen. AYES: Evans, Strange, Smith, Vincent NOES: None ABSENT: Cranmer USE PERMIT NO. 85-52 Applicant: Adjusters Auto Rental A request to permit an automobile rental business (Insurance replacement vehicles) within an existing commercial center. Subject property is located at 18582 Beach Boulevard, Suite 205 (East side of Beach Boulevard approximately 270 feet South of Ellis Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. -10- 8/28/85 - BZA Minutes, H. B. Board of Zoning Adjustments August 28, 1985 Page 11 According to Staff, the subject property is located in the Town and Country Shopping Center on Beach Boulevard. This unit will be located on the Second Floor and eighty-five percent (85%) of the automobile rentals are clients referred from automobile agencies. They have three (3) employees and will have a couple of surplus cars to park at the rear of the Center. As soon as cars are returned, they are immediately referred to the detail shop for cleaning. Staff is recommending approval with conditions - one of which would be a planned sign program for the entire Center and another of not allowing more than three (3) rental vehicles parked on the premises at any one time. After questioning by Daryl Smith concerning the planned sign program being made a condition for the use of only one suite in the Center, Scott Hess explained a request of this nature gives the Planning Department an opportunity to update the signage; and Mr. Hess added he had received some input from the owner of the Center to the effect he was willing to cooperate with the City to modify the signage. The Public Hearing was opened and Jim Tripodi was present to represent Adjusters Auto Rental. Mr. Tripodi was concerned about the parking of only three (3) vehicles on the property. He added he would be more comfortable with at least eight (8) spaces since some of the cars would be parked in the rear portion of the property. Staff agreed the parking spaces could be increased to eight (8) without exceeding the required parking spaces for the Center. Mr. Tripodi mentioned the problems created by a company named Sav-On Rent-A-Car, and Michael Strange explained Sav-On was storing cars which are inoperable. After a discussion about this situation, Daryl Smith closed the Public Hearing. UPON MOTION BY EVANS AND SECOND BY VINCENT, USE PERMIT NO. 85-52 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 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'of building 2. The granting of the use permit will not adversely affect the General Plan of the City of Huntington Beach. -11- 8/28/85 - BZA Minutes, H. B. Board of Zoning Adjustments August 28, 1985 Page 12 CONDITIONS OF APPROVAL: 1. The site plan and floor plans received and dated July 31, 1985, shall be the approved layout. 2. No more than eight (8) rental vehicles shall be parked on the premises at any one time. a. -The rental vehicles shall be located only'in'the parking area at the southeasterly portion of the site behind the buildings. b. No signs shall be on the vehicles while on the subject property. 3. All signs shall be made to comply with Article 976 of the Huntington Beach'Ordinance Code. a. A Planned Sign Program shall be approved for all signing within the commercial center pursuant to,S.9760.43 of the Huntington Beach Ordinance Code. b. The freestanding and roof signs shall be removed or altered to comply with Article 976 within ninety (90) days. 4. The parking areas shall be repaired, resurfaced, and restriped where necessary. 5. The landscaped areas shall be maintained in a neat and clean manner. 6. Any violation of these provisions or of the Huntington Beach Ordinance Code shall be grounds for revocation of this Use Permit. 7. A review of the use shall be conducted within -six (6) months of the date of this approval to verify compliance with all Conditions of Approval and applicable sections of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions, Use Permit No..85-52.may become null and void. AYES: Evans, Strange, Smith, Vincent NOES: None ABSENT: Cranmer -12- 8/28/85 - BZA Minutes, H. B. Board of Zoning Adjustments August 28, 1985 Page 13 USE PERMIT NO. 85-53 Applicant: Wayne Harropson/Harropson Contractors: A request to construct a 264 Square Foot rental office within an existing ninety-six (96) unit apartment complex located at 17052 Green Street (Southeast corner of Warner Avenue and Green Street). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. Scott Hess said this was a request for a rental office in an existing apartment complex and Staff is recommending approval. The Public Hearing was opened and Wayne Harropson was present. Mr. Harropson stated this was just a small building inside the complex and would be used to relieve the managers of using their own apartment for handling rentals. Daryl Smith closed the Public Hearing since there was no one else present to speak for or against the project. UPON MOTION BY EVANS AND SECOND BY SMITH, USE PERMIT NO. 85-53 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 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 the use permit will not adversely -affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the City's General Plan of Land Use. CONDITIONS OF APPROVAL: 1. The site plan received and dated August 2, 1985, shall be the approved layout. 2. Revised elevations shall be submitted depicting the modifications described herein: -13- 8/28/85 - BZA Minutes, H. B. Board of Zoning Adjustments August 28, 1985 Page 14 a. Show all four (4) sides of the proposed office b. -Depict building colors which shall match the existing structure 3. The structure shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. AYES: Evans, Strange, Smith, Vincent NOES: None ABSENT: Cranmer USE PERMIT NO. 85-57 Applicant: Downtown Merchants Guild A request to permit a temporary outdoor event (Carnival) from August 30 to September 1, 1985. Subject property is located at Main Street and Orange Avenue (East side of Main Street immediately South of Orange Avenue). This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1984. Staff stated this was originally a request to permit a four (4) day temporary outdoor carnival at Main Street and Orange Avenue in the downtown area from August 30 through September 2, 1985. The request has now been expanded to include a Laserium Show at Pacific Coast Highway and Main Street. Staff is recommending approval of the outdoor event with conditions. Daryl Smith questioned the addition of the Laserium Show and it was pointed out that this activity had received approval of the Special Events Board. The Public Hearing was opened by Chairman Smith and Abdul Memon, President of the Downtown Merchants Guild, was present. Mr. Memon stated that Tony Guadano, owner of the Carnival, had met with various City representatives to get clearance for the Show. The Public Hearing was closed as there was no one else to speak. Daryl Smith stated the Minutes should reflect that the Board of Zoning Adjustments was only approving Use Permit No. 85-57 and that the applicant's representative has indicated the Laserium Show was approved by the Special Events Board. Les Evans suggested that'a condition could be added to state that events the Board is approving are only the ones that have been approved by other committees. Jim Vincent requested addition of the condition concerning the obtaining of permits seven (7) days in advance of the activity to give the Fire Department ample time to make proper inspections. -14- 8/28/85 - BZA Minutes, H. B. Board of Zoning Adjustments August 28, 1985 Page- 15 UPON MOTION BY EVANS AND SECOND BY VINCENT, USE PERMIT NO. 85-57 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL; NOTE: This Use Permit covers two areas and two types of functions sscTTeduled during the "Main Event" sponsored by the Dowtown Merchants Guild. The first is a carnival at the North end of the block bounded by Fifth Street, Orange Avenue, Olive Avenue, and Main Street on City -owned property. The second is at the Northeast corner of Pacific Coast Highway and Main Street for a Laserium Show on private property. 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 the Use Permit will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the City's General Plan of Land Use. 4. The Board of Zoning Adjustments is approving only the events and activities which have been approved by other committees. CONDITIONS OF APPROVAL: 1. Prior to conducting the special events, the following shall be completed: a. All necessary electrical permits shall be obtained. b. An on -site inspection by the Fire Department shall be required prior to the event. The applicant shall apply for a Fire Department permit at least seven (7) days prior to the event to allow for this inspection and to allow sufficient time for final documents to be issued. The applicant shall also submit, along with the application, a detailed plot plan indicating fire lanes and booth, ride, and large equipment locations. The applicant shall meet with a Fire Department representative at time of issuance of permit to receive approval of the submitted plot plan. -15- 8/28/85 - BZA Minutes, H. B. Board of Zoning Adjustments August 28, 1985 Page 16 The site shall be inspected for compliance prior to 10:00 A.M.' on 'the opening day. c. A certificate of "insurance form shall be filed in the Administrative Services Department two days prior to the event-. d. Prior to operation of any equipment used in conjunction with the amusement rides, the City shall'b'e in receipt of State certification and permits, showing inspection within one (1) year period, stating that the rides meet all requirements of the State Industrial Safety Division. e. A certificate to operate shall be issued by the Director of Development Services prior to the event. 2. All operations' of the -festival, including machinery, shall desist between the hours of 10:00 P.M. and 8:00 A.M. 3. All activity on the site or cleanup activity off site shall be shut down by 11:00 P.M. 4. Use of amplifiers, speakers, musical instruments, and playing of recorded music is to be discontinued as of 10:00 P.M. each evening. 5. Appropriate signs (temporary) for advertising and for the direction of traffic and bn-site parking shall be provided by the applicant. Said signs, locations, and content to be as recommended by the Traffic Division of the Police Department. Advertising signs shall be approved by the Board. 6. All trash, debris, and garbage, as well as special dumpsters, shall be removed from the site daily. 7. The applicant shall provide cleanup crews to clear the adjacent streets of trash and debris each evening after closing of the activity: 8. All evidence of the activity (booths, rides, and other material) shall be completely removed from the site within two (2) days of closing of the festival. AYES: Evans, Strange, Smith, Vincent NOES: None ABSENT: Cranmer There was no further business to be discussed by the Board. -16- 8/28/85 - BZA Minutes, H. B. Board of Zoning Adjustments August 28, 1985 Page 17 UPON MOTION BY STRANGE, SECONDED BY VINCENT, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON TUESDAY, SEPTEMBER 3, 1985, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Evans, Strange, Smith, Vincent NOES: None ABSENT: Cranmer —Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (3235d) 1 -17- 8/28/85 - BZA