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HomeMy WebLinkAbout1993-03-24MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MARCH 24, 1993 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange STAFF MEMBERS: Wayne Carvalho MINUTES: The Minutes March 17, 1993 Zoning Administrator Meeting was approved. ITEM 1: TENTATIVE PARCEL MAP NO 92-228 (Continued from the March 17, 1993 Zoning Administrator Meeting) Applicant: Jim Ko Morse Consulting Group 4 Venture #100 Irvine, CA 92718 Request: To subdivide a 48.362 acre parcel into four (4) lots for conveyance purposes pursuant to Section 9921 of the Huntington Beach Ordinance Code. Location: Old Meadowlark Airport (North of Warner Avenue, west of Graham Street) Wayne Carvalho, Staff Planner, reported that the applicant had requested a continuance for one week to allow time to meet with the City Attorney regarding the proposed condition for street improvements. Staff concluding by recommending a one week continuance. THE PUBLIC HEARING WAS OPENED. There were no persons present to speak for or against the request and the public hearing was continued. TENTATIVE PARCEL MAP NO. 92-228 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO THE MARCH 31, 1993 ZONING ADMINISTRATOR MEETING. ITEM 2' USE PERMIT NO. 93-13 Applicant: Huntington Harbour Anglers C/O Jim Persons 4171 Branford Drive Huntington Beach, CA 92649 Request: To permit a temporary outdoor event for the 22nd Annual Charity Bazaar at the Huntington Harbour Mall on May 1, 1993 pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 16899 Algonquin Street (Huntington Harbour Mall) Wayne Carvalho, Staff Planner, reported that the request was for an annual one day outdoor event. The hours of operation would be from 9:00 AM to 2:00 PM. Staff concluded by recommending approval with findings and suggested conditions of approval. Jim Persons, representing the applicant, was present and concurred with staff's recommendation. There were no other persons present to speak for or against the request. USE PERMIT NO. 93-13 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. The event will comply with all fire safety requirements. b. Property and improvements in the vicinity -of such use or building. The event is a temporary use. 2. The granting of Use Permit No. 93-13 will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated March 3, 1993 shall be the conceptually approved layout. ZA Minutes - 3/24/93 -2- (6348d) r� 2. The applicant shall obtain all -necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. 3. 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. 4. Fire access lanes shall be a minimum width of (20) twenty feet. 5. A detailed site plan shall be submitted to the Huntington Beach Fire Department for approval (show table locations, tents, barriers, etc.). 6. All tents 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. 7. All parking shall be a minimum of forty (40) feet from the proposed tent. S. The proposed tent shall be secured against collapsing to the satisfaction of the Fire Department. 9. "No Smoking" signs shall be posted in conspicuous locations. 10. Two (2) fire extinguishers shall be provided at locations specified by the Fire Department. 11. Temporary use of extension cords shall comply with the Electrical Code. 12. Stand by personnel shall be on site to safeguard premises. 13. The applicant's request shall include necessary permits for temporary signs. 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. 93-13 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. ZA Minutes - 3/24/93 -3- (6348d) ITEM 3: USE PERMIT NO, 93-18 Applicant: Abdul Memon 410 Main Street Huntington Beach, CA 92648 Request: To permit a temporary outdoor event for two (2) days (March 27, 28, 1993) to include live entertainment in the Electric Chair parking lot between the hours of 12:00 - 4:00 p.m. pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 410 Main Street Wayne Carvalho, Staff Planner, reported that the applicant was proposing a temporary outdoor event with live bands and entertainment between the hours of 12:00 noon and 4:00 PM in conjunction with the downtown festival on March 27 and 28. The Police Department had requested a condition that authorizes closing of the event if it becomes a nuisance to the general public. Staff concluded by recommending approval with findings and suggested conditions of approval. Abdul Memon, the applicant, was present and stated that an identical event was held during the previous year. There were no other persons present to speak for or against the request. USE PERMIT NO. 93-18 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 in conjunction with the Downtown Street festival will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The two day event will not impact the surrounding properties. With the conditions imposed, the proposed entertainment will comply with the applicable City codes. b. Property and improvements in the vicinity of such use or building. The event is a temporary use. 2. The granting of Use Permit No. 93-18 will not adversely affect the General Plan of the City of Huntington Beach.. The use is consistent with the Downtown Specific Plan and Mixed Use Land Use designation of the General Plan. 1 ZA Minutes - 3/24/93 -4- (6348d) SPECIAL CONDITIONS OF APPROVAL:. 1. The site plan received and dated March 12, 1993 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. The applicant's request shall include necessary permits for temporary signs. 4. The Police Department shall have the authority to cease the entertainment if it is determined that the event is a nuisance to the surrounding properties or adversely impacting vehicular traffic. 5. Fire extinguishers shall be provided in number and locations specified by the Fire Department. 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. 93-18 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. 93-10 Applicant: Kerry Snyder 1038 N. Tustin, Ste. 220 Orange, CA 92667 Request: To permit a six (6) foot high masonry block wall within the front setback (4' in lieu of minimum 15' from front property line) pursuant to Section 9771(1) of the Huntington Beach Ordinance Code. Location: 16732 Coral Cay Lane ZA Minutes - 3/24/93 -5- (6348d) Wayne Carvalho, Staff Planner, reported that the request is for a six foot high block wall within the front setback. The proposed wall would come to within four feet of the front property line; however, the property line is located ten feet from the sidewalk. Therefore the proposed fence would actually be located fourteen (14) feet from the sidewalk. Staff recommended that the fence be setback an additional foot to be consistent with the fifteen foot front setback requirements for Rl tracts. Staff concluded by recommending approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Kerry Snyder, applicant, said that other homes on the street had fences located at ten feet from the sidewalk and their fence would be at fourteen feet. Mr. Snyder said that their request would be consistent with the neighborhood. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 93-10 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 TEN CALENDAR (10) DAYS. FINDINGS FOR APPROVAL -USE PERMIT NO 93-10: 1. The establishment and maintenance of the proposed six (6) foot high block wall within four (4) feet of the front property line will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The wall will be located fourteen (14) feet from the sidewalk as there is a ten (10) foot strip between the sidewalk and actual property line. b. Property and improvements in the vicinity of such use or building. The proposed wall will be compatible with the residence and surrounding properties. Furthermore, the fence will not impact vehicular or pedestrian vision. 2. The granting of Use Permit No. 93-10 will not adversely affect the General Plan of the City of Huntington Beach. The six (6) foot high block wall is consistent with the goals and objectives of the Low Density Residential Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated February 26, 1993 shall be the conceptually approved layout. ZA Minutes - 3/24/93 -6- (6348d) 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. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 4. All applicable Public Works fees shall be paid prior to issuance of building permits. 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. 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 Use Permit No. 93-10 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 5: USE PERMIT NO, 92-65 Applicant: Michael Niccole 520 Main Street Huntington Beach, CA 92648 Request: To permit the establishment of outdoor dining for Niccole's Ristorante and a six foot (6') high masonry trash enclosure at the rear pursuant to Section 9771 of the Huntington Beach Ordinance Code. Location: 520 Main Street Wayne Carvalho, Staff Planner, reported that the request was for outdoor dining and to install a six foot high trash enclosure. Staff said that the applicant was proposing to close the upstairs dining room area when the outside dining area is used which relates to no increase in use. Staff received comments from other Departments requesting an encroachment permit, table locations to be approved by Fire Department, Hold Harmless Agreement and no alcoholic beverages allowed outside. Staff concluded by recommending approval with findings and conditions of approval. ZA Minutes - 3/24/93 -7- (6348d) THE PUBLIC HEARING WAS OPENED. Thom Jacobs, representing the applicant, said they would work with staff to determine the number and location of the proposed tables allowed for outside dining. He said they would not be opposed to a requirement that the tables be brought inside every evening. Planning Commissioner Roy Richardson was present. He was concerned about the hours that outdoor dining would be permitted if approved and that the dining not create a nuisance for the neighbors. Jo Christian Craig, 529 Lake Street, was concerned about increased parking problems, and that the sidewalk may be too narrow to allow outdoor dining. She said that the block where the business is located is considered a transitional area and down zoning the intensity of use has been established. She concluded by stating that she was disturbed that the City would give away public open space. Gus Zisakis, 611 6th Street, advised that he is the apartment manager for an apartment located about twenty feet from the restaurant. He said he had received numerous complaints from his tenants relative to the trash barrels, noise generated from the restaurant's kitchen employees, employees coming and going and severe parking problems. He advised that three tenants had moved from the apartment because of the noise. Mike Strange, Zoning Administrator, advised that he would not be able to act on the request without detailed plans for the outdoor seating. There were no other persons present to speak for or against the request and the public hearing was continued. USE PERMIT NO. 92-65 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO THE ZONING ADMINISTRATOR MEETING OF MARCH 30, 1993. THE MEETING WAS ADJOURNED AT 2:25 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MARCH 31, 1993 AT 1:30 PM. Mike Strange Zoning Administrator :jr J ZA Minutes - 3/24/93 -8- (6348d)