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HomeMy WebLinkAbout1991-06-121 MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR WEDNESDAY, JUNE 12, 1991 - 1:30 P.M. ZONING ADMINISTRATOR: STAFF MEMBERS: MINUTES• Room B-6 - Civic 2000 Main Street Huntington Beach, Scott Hess Mike Connor Center California The Minutes of the May 29, 1991 Zoning Administrator Meetings were approved as modified. REGULAR AGENDA ITEMS: ITEM 1 USE PERMIT NO 91-3 (Continued from the March 13, 1991 Zoning Administrator's Meeting) Applicant: Request: Location: George A Pearson, 15402 Electronic Huntington Beach, DBA G & M Oil Co. Lane CA 92649 To permit a 952 square foot expansion of an existing video arcade into an existing, adjacent suite pursuant to Section 9220.11 of the Huntington Beach Ordinance Code. 16922 Beach Blvd. Mike Connor, Staff Planner, reported that the item was continued from the March 13, 1991 Zoning Administrator meeting to allow the applicant time to analyze the number and type of police calls to the shopping center and seek ways to reduce future calls. Staff advised that since March 13, 1991, there has been one police call; however, the Police Department still recommends denial of the expansion. Staff concluded by recommending denial with findings. THE PUBLIC HEARING WAS OPENED. George Pearson, applicant, said the number of complaints had been reduced; therefore, he assumed that the problems had been resolved. He advised that he had doubled the security guards who patrol the front and back parking lots. He said he would be willing to add public restrooms if the expansion were granted. Barbara Fernandez, 16920 "A" Street, presented a video taken at the center on May 5, 1991 at 9:45 PM. The video showed people loitering outside and occasional loud yelling were heard. She advised that the security guards spent most of their time inside the liquor store visiting. She said she had called the police several times since the last hearing. She presented a letter from Joe Rizzo, 8071 Warner, opposing the expansion. There were no other persons present to speak for or against the request and the public hearing was closed. The Zoning Administrator said he would conditionally approve the request because problems could be resolved by conditionally approving the expansion with added conditions. He said he would also require a six month review of the permit at which time the expansion could be revoked if major impacts to the community and neighboring properties were recognized. USE PERMIT NO. 91-3 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND ADDED CONDITIONS OF APPROVAL. HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the 952 square foot expansion of a game arcade will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; The proposed expansion will provide greater lighting and security than currently exists; it will also provide for better circulation around the game machines within the building due to the larger area. b. Property and improvements in the vicinity of such use or building. The arcade will expand into the adjacent suite that is presently vacant. 2. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. The arcade is a permitted use within the General Commercial land use as designated in the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated January 22, 1991 shall be the conceptually approved layout with the modifications described herein: a. A revised site plan shall be submitted showing all existing parking and bike racks. b. A lighting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. c. A revised floor plan shall be submitted showing two (2) public restrooms. ZA Meeting - 6/12/91 -2- (9968d) 2. Conditions of approval shall be-p�inted verbatim on all working drawings submitted for plancheck. 3. Lighting included in the parking lot shall have high-pressure sodium vapor lamps for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 4. Low -volume heads shall be used on all spigots and water faucets. 5. The arcade shall be limited to a maximum of 110 games/machines. 6. All conditions of approval as established in Conditional Use Permit 86-4 and Use Permit 89-33 shall remain in effect including the hours of operation which are limited to: Weekdays: 11:00 a.m. to 12:00 midnight Weekends: 9:00 a.m. to 12:00 midnight Summer Months Weekdays: 9:00 a.m. to 12:00 midnight Weekdays: 9:00 a.m. to 12:00 midnight Copies of all previous conditions are attached. 7. A minimum of two (2) uniformed security guards 21 years of age or older, shall patrol the arcade premises from 5:00 p.m. to 1:00 a.m. seven days a week. One guard shall be posted at the front of the store and one shall monitor the front and rear parking areas on a regular basis. The required security guards shall not be used to patrol the adjacent liquor store. The guards shall discourage any loitering or other activities outside of the building and shall require any person making excessive noise to leave the premises immediately. 8. The new perimeter lighting, public restrooms and expanded security guard schedule shall be in place and operational prior to issuance of a certificate of occupancy. 9. The approval shall be subject to a six (6) month review at which time a public hearing shall be held to assure compliance with conditions of approval. The Zoning Administrator reserves the right to impose additional conditions or revoke Use Permit No. 91-3 should problems related to the arcade persist. Revocation of Use Permit 91-3 would result in the requirement to convert the 952 square foot suite into another use. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. ZA Meeting - 6/12/91 -3- (9968d) ITEM 2: USE PERMIT NO. 91-25 Applicant: Hany S. Henien 9601 Rocky Mountain Drive Huntington Beach, CA 92646 Request: To permit a six (6) foot high wrought iron fence within the front 15 foot setback area pursuant to Section 9771(L) of the Huntington Beach Ordinance Code. Location: 9601 Rocky Mountain Drive Mike Connor, Staff Planner, reported that the 6' high fence is existing and that it is located on the front property line and along the east property line extending to the garage. He advised that a petition had been received with seven (7) signatures supporting the request. He showed the Zoning Administrator photographs, supplied by the applicant, of other fences which appear to encroach into the front yard setback of other homes located in the area. (Addresses were not provided of the location of the properties in the photographs.) Staff clarified the issue by indicating that some of the photos were of fences on exterior side yard property lines which is permitted by Code. Staff concluded by recommending denial with findings based on previous Zoning Administrator actions and the fence is not compatible with the neighborhood. The Zoning Administrator asked if the abutting neighbors who are most impacted by the fence had signed the petition and if appropriate building permits were issued. Staff responded no to both questions. THE PUBLIC HEARING WAS OPENED. Mr- Henien, the applicant, supported the request and said that there are at least twelve fences in the tract that exceed the 42" requirement. He said the abutting neighbors have a large hedge along the side property line which block their view of his residence. Mr. Henry Oler, 9591 Rocky Mountain, said that the fence stands out like a sore eye. He said there are no other fences in the City of Huntington Beach like the one in question. He also advised that his neighbors had told him that the petition was misleading. Mr. Henien, the applicant, said he will be adding landscaping, which will soften the look of the wrought iron fence. There were no other persons present to speak for or against the request and the public hearing was closed. Scott Hess, Zoning Administrator, said he would deny the request because the fence is not compatible and does not blend with the neighborhood. He said the other fences presented by the applicant are more decorative with a combination of wrought iron and brick and/or have a landscape setback from the front property line (sidewalk). USE PERMIT NO. 91-25 FOLLOWING FINDINGS. ADMINISTRATOR CAN BE CALENDAR (10) DAYS. ZA Meeting - 6/12/91 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING APPEALED TO THE PLANNING COMMISSION WITHIN TEN -4- (9968d) I- I FINDINGS FOR DENIAL: 1. The establishment of the six (6) foot high wrought iron fence within the front setback area will be detrimental to: a. The general welfare of persons residing or working in the vicinity because the fence does not blend well with other properties within the neighborhood. b. Property and improvements in the vicinity of such use or building. Properties in the neighborhood generally do not have fences over 42 inches high within the front setback. 2. The six foot high wrought iron fence in the front setback area would be incompatible with other fences in the neighborhood. ITEM 3• CONDITIONAL EXCEPTION NO, 91-18 Applicant: Patti A. Cleary 17802 Crestmoor Lane Huntington Beach, CA Request: To permit an addition result in a reduction space dimension. The foot 6 inch dimension by Section 9110.9(a) Ordinance Code. Location: 17802 Crestmoor Lane 92649 to an existing home which would in the required minimum open applicant is proposing a 19 in lieu of 25 feet as required of the Huntington Beach Mike Connor, Staff Planner, reported that the property is a corner lot which faces Crestmoor with the side facing Mayport. Staff recommended denial of the request because a land related hardship could not be determined for the subject property. Planning Commissioner, Ken Bourguignon, was present and advised that the Division 9 re -write committee would be recommending deletion of the 25 foot minimum back yard requirement. THE PUBLIC HEARING WAS OPENED. Patti Cleary, the applicant, submitted a petition with seven signatures in support of the request. She said the petition includes the neighbors on each side of the property. She said that her home is the smallest model in the tract and the addition would be an improvement to her property and the neighborhood. There were no other persons present to speak for or against the request and the public hearing was closed. ZA Meeting - 6/12/91 -5- (9968d) Scott Hess, Zoning Administrator, asked the applicant if she would agree to a covenant stating that no further additions could be added to the ground floor. Ms. Cleary agreed to the covenant. USE PERMIT NO. 91-18 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND ADDED CONDITIONS OF APPROVAL. HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS FOR APPROVAL: 1. The proposed single story addition with a reduced open space dimension will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The proposed addition is on the ground floor within the minimum setback requirements and will not impact the privacy of adjacent residences. b. Property and improvements in the vicinity of such use or building. The proposed single story addition will have no impact upon adjacent residences. 2. The proposal is consistent with the goals.and objectives of the City's General Plan and Land Use Map. The property is within the Low Density Residential district allowing single family residences. 3. Granting of a reduction in open space minimum dimension will not reduce the required total open space area (1,200 Square Feet). The property will provide 1,267 square feet with a minimum dimension of 19 feet 6 inches. 4. Because of"special circumstances applicable to the subject property, including shape and 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 a corner lot and the property to the rear was granted a variance to the minimum rear yard setback. 5. The granting of Conditional Exception No. 91-18 is necessary in order to preserve the enjoyment of one or more substantial property rights. The buildable area of the lot is reduced because it is a corner lot. 6. The granting of Conditional Exception No. 91-18 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The proposed addition will have no impact upon adjoining properties. 7. The applicant is willing and able to carry out the purposes for which Conditional Exception No. 91-18 is sought and will proceed to do so without unnecessary delay. ZA Meeting - 6/12/91 -6- (9968d) I- I SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated May 20, 1991 shall be the conceptually approved layout. 2. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. 3. 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. 4. Prior to issuance of building permits, the property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the remaining open space will be maintained and the building site coverage shall not exceed 50%. It may include a caveat that should the Zoning Code be revised negating the need for this variance, then the Letter of Agreement may become null and void. 5. Conditions of approval shall be printed verbatim on all working drawings submitted for plan check. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The Zoning Administrator reserves the right to revoke this Conditional Exception No. 91-18 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM 4: USE PERMIT NO.91-21 Applicant: Aaron Pai Huntington Surf-N-Sport 300 Pacific Coast Highway Huntington Beach, CA 92648 ZA Meeting - 6/12/91 -7- (9968d) Request: To permit a Temporary Outdoor Event - sidewalk sale with autograph signing by surfing celebrities - July 22, 23, 24, 26, 27, 28, 1991 and August 10, 11, 17 and 18, 1991 pursuant to Section 9730.04 of the Huntington Beach Ordinance Code. Location: 300 Pacific Coast Highway Mike Connor, Staff Planner, reported the temporary event would take place at Main and Pacific Coast Highway at the fountain area of Pierside Pavillon. Staff advised that no comments were received from Public Works or the Police Department. Staff concluded by recommending approval with findings and conditions of approval. Ken Bourguignon, Planning Commissioner, stated he was pleased to see a request coming forward prior to the event. There were no other persons present to speak for or against the request and the public hearing was closed. Scott Hess, Zoning Administrator, said he would approve the request but would require the clothing racks to be placed behind the fountain area. USE PERMIT NO. 91-21 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND ADDED CONDITIONS OF APPROVAL. HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS FOR APPROVAL: 1. The temporary outdoor event will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The event will not obstruct the adjacent businesses. b. Property and improvements in the vicinity of such use or building. The event is temporary. 2. The granting of Use Permit No. 91-21 will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated May 8, 1991 shall be the conceptually approved layout with the following modifications: A. Merchandise for sale shall be limited to three (3) rolling racks which shall be placed behind the fountain. B. Autograph tables shall be permitted in front of the fountain. ZA Meeting - 6/12/91 -8- (9968d) 2. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 3. The applicant shall obtain clearance from the Public Liability Claims Coordinator, Administrative Services Department, and/or shall provide a Certificate of Insurance and Hold Harmless Agreement to be executed at least five (5) days prior to the event. 4. Stand by personnel shall be on site to safeguard premises and control crowds waiting for autographs. 5. All merchandise and tables shall be cleared from the site daily. INFORMATION OF SPECIFIC CODE REQUIREMENTS: 1. The event shall comply with all applicable provisions of the Ordinance Codes, Building Division and Fire Department. 2. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. 3. The Zoning Administrator reserves the right to revoke Use Permit No. 91-21 if any violations of these conditions or the Huntington Beach Ordinance Code occurs. MISCELLANEOUS COMMENTS: Ken Bourguignon, Planning Commissioner, congratulated Scott Hess, the Zoning Administrator, for the fairness in the decision making of the items on the agenda and the professional manner in which the meeting was held. THE MEETING WAS ADJOURNED AT 2:40 PM BY THE ZONING ADMINISTRATOR TO A STUDY SESSION ON MONDAY, JUNE 24, 1991 AT 4:00 PM AND THEN TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JUNE 26, 1991, AT 1:30 PM. Sco Hess Zoning Administrator :jr ZA Meeting - 6/12/91 -9- (9968d)