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HomeMy WebLinkAbout1992-08-19MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, AUGUST 19, 1992 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange STAFF MEMBERS: Herb Fauland MINUTES: The Minutes of the August 12, 1992 Zoning Administrator Meeting were continued. ITEM 1• CONDITIONAL EXCEPTION (VARIANCE) NO 92-27 (Continued from the August 12. 1992 Zoning Administrator Meeting) Applicant/ Martin Gobel Property Owner: 205 Thirteenth Street, Unit A Huntington Beach, CA 92648 Request: To permit a second story balcony within five (5) feet of the front property line in lieu of the required eight (8) feet pursuant to Section 9130.6 of the Huntington Beach Ordinance Code. Location: 205 Thirteenth Street Herb Fauland, Staff Planner, reported that the request was continued from the last meeting to allow adequate time for staff to research the surrounding area. Staff researched building permits and entitlements and determined that the properties in question are apartment buildings (triplex, fourplex) with nonconforming setbacks. These setbacks are as a result of the apartment buildings being constructed in the 60's and 70's under prior R4 zoning. The area was rezoned in 1976 to Townlot Specific Plan and as a result the development standards were amended. Therefore, staff stated that the building site is legal non -conforming and that granting the variance would constitute a special privilege. Staff concluded by recommending denial of the request with findings. THE PUBLIC HEARING WAS OPENED. Mr. Gobel, the applicant, was present and requested approval. There were no other persons present to speak for or -against the request and the public hearing was closed. CONDITIONAL EXCEPTION (VARIANCE) NO. 92-27 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. Findings for Denial: 1. The granting of Conditional Exception (Variance) No. 92-27 for the encroachment of a second story balcony into the front yard setback will constitute a grant of privilege inconsistent upon other properties in the vicinity and under identical zone classifications. The existing apartment building was constructed in compliance with the prior development standards of this area and therefore, the granting of this request would constitute a special privilege upon this property that would be inconsistent with the surrounding conforming apartment buildings and properties. 2. Because there are no special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is not found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property and structure along with other surrounding properties and structures were developed in compliance with the development standards at that time and no special circumstances exist regarding the topography or surroundings that would deprive the subject property of privileges by other properties in the surrounding area. 3. The granting of Conditional Exception (Variance) No 92-27 is not necessary to preserve the enjoyment of one or more substantial property rights. The subject property and surrounding developed properties were developed under the same standards and therefore the denial of the request would not deprive the subject property of one or more property rights. 4. The granting of Conditional Exception (Variance) No 92-27 will be materially detrimental to the public welfare or injurious to property in the same zone classification. The encroachment of a second story balcony into the front yard setback will set a precedent for such a request and may impact the conforming apartment buildings under the same zone classification. 1 r_� ZA Minutes - 8/19/92 -2- (4456d) ITEM 2•' USE PERMIT NO 92-28 (TEMPORARY OUTDOOR EVENT) Applicant: Property Owner: Della Chadwell 7777 Edinger Ave. #300 Huntington Beach, CA 92647 The Mace Rich Company 233 Wilshire Blvd. Ste 700 Santa Monica, CA 90401 Request: To permit a Temporary Outdoor Event for a parking lot sale on August 22-23, 1992 pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 7777 Edinger Avenue (Huntington Center Parking Lot) Herb Fauland, Staff Planner, reported that the temporary outdoor event was an annual event for the Montgomery Ward Store. Staff advised that all appropriate departments reviewed the request and there were no concerns. Staff concluded by recommending approval with findings and suggested conditions of approval. THIS ITEM WAS NOT A PUBLIC HEARING. USE PERMIT NO. 92-28 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TWO CALENDAR (2) 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. b. Property and improvements in the vicinity of such use or building. 2. The granting of Use Permit No. 92-28 will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated August 6, 1992 shall be the conceptually approved layout. ZA Minutes - 8/19/92 -3- (4456d) 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. Fire access lanes shall be a minimum with of (20) twenty feet. 4. A detailed site plan shall be submitted to the Huntington Beach Fire Department for approval (show table locations, tents, barriers, etc.). 5. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. 6. The applicant's request shall include necessary permits for balloons and temporary signs. 7. 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. 8. All parking shall be a minimum of forty (40) feet from the proposed tent. 9. The proposed tent shall be of fire retardant material. Proof of Certification shall be submitted to the Fire Department for approval prior to the tent's installation on the site. 10. The proposed tent shall be secured against collapsing to the satisfaction of the Fire Department. 11. "No Smoking" signs shall be posted in conspicuous locations. 12. Fire extinguishers shall be provided in number and locations specified by the Fire Department. 13. A minimum of two (2) exits shall be provided and maintained. 14. Stand by personnel shall be on site to safeguard premises. 15. An overnight security guard shall be provided to protect merchandise left overnight. The Huntington Beach Police Department shall be notified 24 hours prior to the event. INFORMATION OF SPECIFIC CODE REQUIREMENTS: 1. The event shall comply with all applicable provisions of the Ordinance Codes, Building Division and Fire Department. 1 ZA Minutes - 8/19/92 -4- (4456d) r� 1 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. 92-28 if any violations of these conditions or the Huntington Beach Ordinance Code occurs. 4. The applicant shall submit all future temporary outdoor event applications a minimum of thirty (30) days prior to the event. Failure to provide adequate notice shall result in denial of the request. ITEM 3: USE PERMIT NO 92-53 (TEMPORARY OUTDOOR EVENT) Applicant: Donna Miller Enterprise Rent-A-Car 18151 Beach Blvd. Huntington Beach, CA 92648 Property Owner: Frank Richmond 18151 Beach Blvd. Huntington Beach, CA 92648 Request: To permit a one day temporary outdoor event for a corporate party including a live band from 7:00 p.m. to 11:30 p.m. on Friday, August 21, 1992 pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 18151 Beach Blvd. Herb Fauland, Staff Planner, reported that the request is for a one day company party for Enterprise Rent A Car. Staff advised that Police and Community Development Departments were concerned about noise impacts associated with the live band because of the proximity of the adjacent two story apartment buildings. Staff also indicated that the Police Department was concerned about alcohol and advised that an entertainment permit would be required. Staff recommended approval with findings and modifications to the suggested conditions requiring that the band area be tented and that an entertainment permit be obtained. THIS WAS NOT A PUBLIC HEARING. Mike Strange, Zoning Administrator, advised that he would approve the request with staff's modifications and also would only permit the live band to 10:30 PM. Donna Miller, the applicant, was present and concurred with the recommendation. ZA Minutes - 8/19/92 -5- (4456d) USE PERMIT NO. 92-53 (TEMPORARY OUTDOOR EVENT) WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN,BE APPEALED TO THE PLANNING COMMISSION WITHIN TWO CALENDAR (2) 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. b. Property and improvements in the vicinity of such use or building. 2. The granting of Use Permit No. 92-53 will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated August 7, 1992 shall be the conceptually approved layout. 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. Fire access lanes shall be a minimum with of (20) twenty feet. 4. A detailed site plan shall be submitted to the Huntington Beach Fire Department for approval (show table locations, tents, barriers, etc.). 5. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. 6. The applicant's request shall include necessary permits for balloons and temporary signs. 7. 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. 8. All parking shall be a minimum of forty (40) feet from the proposed tent. ZA Minutes - 8/19/92 -6- (4456d) 1 9. The proposed tent shall be of fire retardant material. Proof of Certification shall be submitted to the Fire Department for approval prior to the tent's installation on the site. 10. The proposed tent shall be secured against collapsing to the satisfaction of the Fire Department. 11. "No Smoking" signs shall be posted in conspicuous locations. 12. Fire extinguishers shall be provided in number and locations specified by the Fire Department. 13. A minimum of two (2) exits shall be provided and maintained. 14. Stand by personnel shall be on site to safeguard premises. 15. The applicant shall obtain an Entertainment Permit from the Police Department. 16. The hours of operation for the one (1) day event are as follows: Band - 7 PM to 10:30 PM Party - 7 PM to 11:30 PM 17. The applicant shall tent the band playing area. 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. 92-53 if any violations of these conditions or the Huntington Beach Ordinance Code occurs. 4. The applicant shall submit all future temporary outdoor event applications a minimum of thirty (30) days prior to the event. Failure to provide adequate notice shall result in denial of the request. ITEM 4• USE PERMIT NO 92-49 (TEMPORARY OUTDOOR EVENT) Applicant: SS. Simon and Jude Church 20444 Magnolia Huntington Beach, CA 92646 ZA Minutes - 8/19/92 -7- (4456d) Request: To permit a Temporary Outdoor Event (Annual Church Festival) on October 2-4, 1992 pursuant to Section 9730.64 of the Huntington Beach Ordinance Code Location: 20444 Magnolia Street Herb Fauland, Staff Planner, reported that the request is for the annual church festival. Staff advised that SS Simon and Jude Church had been in compliance with all conditions of approval during the past events. Fire and Police Departments did not have any concerns. Staff concluded by recommending approval with findings and suggested conditions of approval. THIS WAS NOT A PUBLIC HEARING. USE PERMIT NO. 92-49 (TEMPORARY OUTDOOR EVENT) WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TWO CALENDAR (2) DAYS. 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 because use of amplifiers, speakers, musical instruments is prohibited after 10:00 PM and other related conditions. 2. The granting of Use Permit No. 92-49 will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan shall be the approved layout. a. Rides shall be located at the most westerly location of the grass area site, subject to review and approval of the Fire and Community Development Departments. b. The sound curtain shall be installed per the site plan. 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. ZA Minutes - 8/19/92 -8- (4456d) 1 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. The applicant shall send a letter to all nearby residents which shall provide a contact person and a telephone number should the neighbors have a problem with the operation of the event. 5. All Alcoholic Beverage Control requirements shall be met. 6. Beer and wine consumption shall be limited to a specified area which shall be roped off and controlled by church personnel. 7. Prior to issuance of a permit, a layout and circulation plan shall be approved by the Fire Department. Fire access lanes shall be maintained. 1 8. Prior to 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. 9. In a number as determined by the Police Chief, uniformed officers shall be provided on -site during the hours of operation. Cost of this Condition shall be borne by the applicant. 10. Barricades shall be placed along the north side of the property to create a minimum seventy-five (75) foot buffer adjacent to the residential properties. 11. Breakdown of stands, equipment, apparatus and rides shall be prohibited after 10:00 PM on Sunday. Breakdown of the wooden booths shall be allowed until 1:00 AM. 12. Use of amplifiers, speakers, musical instruments and playing of recorded music are to be discontinued as of 10:00 PM each evening. Speakers located in the Garden Dining Area will be permitted until closing hours each day and shall be in conformance with the City of Huntington Beach Noise Ordinance. Speakers shall not be directed towards any housing area. 13. The carnival, and all related activities, shall comply with all applicable -sections of the Municipal Code requirements pertaining to the Noise Ordinance. ZA Minutes - 8/19/92 ME (4456d) 14. All operations of the festival, including tear down of machinery, other than necessary refrigeration units (if provided) shall be as follows: Rides All Other Operations Friday 5:00 PM - 10:00 PM 5:00 PM - 11:00 PM Saturday 10:00 AM - 10:00 PM 10:00 AM - 11:00 PM Sunday 11:00 AM - 9:00 PM 11:00 AM - 10:00 PM 15. If a refrigeration truck is provided, it shall be placed as far away from residential property as possible to minimize noise. 16. The applicant shall provide for clean-up of the areas each evening after closing of the event. Clean-up of the site after 10:00 PM 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. 17. 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. 18. An on -site parking plan shall be submitted showing access to the number of spaces. The plan shall be approved by the Traffic Engineer and Traffic Division of the Police Department. 19. An announcement shall be -made to parishioners requesting that they refrain from parking on neighborhood streets. 20. The Church shall provide Church personnel to patrol street parking areas (Magnolia Street and Indianapolis Avenue) to prevail upon those utilizing street parking to cross streets at the intersections. 21. In the event that there are'any violations of 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 Community Development. 22. Future applications for the event shall be submitted at least 90 days prior to the event. ZA Minutes - 8/19/92 -10- (4456d) ITEM 5• COASTAL DEVELOPMENT PERMIT NO 92-22/USE PERMIT NO, 92-44 Applicant: Brion S. Jeannette 470 N. Newport Blvd. Newport Beach, CA 92663 Property Owner: Simon and Josephine Rayhanabad 3952 Mistral Drive Huntington Beach, CA 92649 Request: To permit the demolition of an existing two (2) story single family dwelling and construction of a new 5,100 square foot, three (3) story residence pursuant to Sections 989.5.2 and 9110.4(c) of the Huntington Beach Ordinance Code. Location: 16591 Carousel Lane Herb Fauland, Staff Planner, reported that the request for a new single family residence meets all code requirements. Staff advised that the Architectural Review Committee of the Harbor reviewed the request and recommended approval. Staff also pointed out that the home is within the Alquist Priolo Special Studies (Earthquake) Zone and therefore will require a geotechnical study prior to issuance of building permits. Staff concluded by recommending approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Mr. Jeannette, the applicant, was present and concurred with the suggested conditions of approval. There were no other persons present to speak for or against the request and the public hearing was closed. COASTAL DEVELOPMENT PERMIT NO. 92-22/USE PERMIT NO. 92-44 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND 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 AND ANOTHER TEN WORKING (10) DAYS TO THE COASTAL COMMISSION. FINDINGS FOR APPROVAL/COASTAL DEVELOPMENT PERMIT NO. 92-22: 1. The request to permit the demolition of a existing single family residence and construction of a new three (3) story single family residence conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan. 2. Coastal Development Permit No. 92-22_is consistent with the CZ suffix zoning requirements, the R1 Zoning District, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. ZA Minutes - 8/19/92 -11- (4456d) 3. At the time of occupancy, the proposed demolition of an single family residence and construction of a new three (3) story single family residence will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4. The proposed demolition of an single family residence and construction of a new three (3) story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. FINDINGS FOR APPROVAL - USE PERMIT NO 92-44: 1. The construction of a new 5,100 square foot three (3) story single family home 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 Use Permit No. 92-44 to construct a new 5,100 square foot three (3) story single family home will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated July 31, 1992 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 proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways. 4. All proposed cantilevered deck improvements require separate permits for the improvements. 1 ZA Minutes - 8/19/92 -12- (4456d) 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. Proposed structures shall be architecturally compatible with existing structures. 7. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 8. Low -volume heads shall be used on all spigots and water faucets. 9. The Public Works Department requirements are: a. Repair and replace curb and gutter, driveway and sidewalk as needed per Public Work's standards. b. Water service shall be upgraded pursuant to Public Works standards. c. The applicant shall pay all applicable Public Works fees. d. Submit a grading plan for Public Works approval prior to issuance of building permit. 10. The Fire Department requirements are: a. Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code standards. b. The project will require two (2) inch domestic/fire water service to supply automatic sprinkler system. 11. The applicant shall submit for review and approval prior to issuance of building permits a geologic report prepared by a geologist registered in the State of California in accordance with the Alquist-Priolo Geologic Hazard Zones Act. 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 Coastal Development Permit No. 92-22/Use Permit No. 92-44 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ZA Minutes - 8/19/92 -13- (4456d) THE MEETING WAS ADJOURNED AT 2:10 PM THE NEXT REGULARLY SCHEDULED MEETING WEDNESDAY, SEPTEMBER 2, 1992, AT 1:30 Mike 6trange Zoning Administrator :jr BY THE ZONING ADMINISTRATOR TO OF THE ZONING ADMINISTRATOR ON PM. ZA Minutes - 8/19/92 -14- (4456d)