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HomeMy WebLinkAbout1993-09-01MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, SEPTEMBER 1, 1993 - 1:30 P.M. ACTING ZONING ADMINISTRATOR: Susan Pierce STAFF MEMBERS: Jane Madera MINUTES: The Minutes of August 25, 1993 Zoning Administrator Meeting were continued. ITEM 1• USE PERMIT NO 93-59 (TEMPORARY OUTDOOR EVENT) Applicant: St. Bonaventure Church' 16400 Springdale Street Huntington Beach, CA 92649 Request: To permit a three (3) day Temporary Outdoor Event (Annual Church Festival) on October 8-10, 1993 pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 16400 Springdale Street Jane Madera, Staff Planner, reported that the request was continued from the August 25, 1993 meeting due to an error in the public notification. She stated that a corrected notification was mailed to all properties within 300 feet of the church. Staff reported that two telephone calls were received requesting that the music stop at 10:00 PM and one caller reported that there was a problem with trash during the past events. Staff concluded by recommending approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Linda Garofalo, Parish Manager, 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. USE PERMIT NO. 93-59 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. Use Permit No. 93-59 for a three (3) day temporary outdoor event for an annual church festival will not be detrimental to: a. The general welfare of persons residing or working in the vicinity because use of amplifiers, speakers, and musical instruments will cease at 9:00 p.m. each evening of the event. Other specific conditions of approval regarding the hours for clean-up of the operation, provision of church personnel patrolling the surrounding area, and use of off -site parking at a nearby church, will insure the general welfare of adjacent residents. b. Property and improvements in the vicinity of such use or building. All improvements are temporary and will be removed within two (2) weeks of closing of the festival. 2. The granting of Use Permit No. 93-59 will not adversely affect the General Plan of the City of Huntington Beach. The proposed use is temporary. SPECIAL CONDITIONS'OF APPROVAL: 1. The site plan received and dated July 16, 1993 shall be the conceptually approved layout. 2. Prior to the event, the following shall be completed: a. All necessary electrical permits shall be obtained. b. 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. ZA Minutes - 9/l/93 -2- (7365d) 1 c. An on -site inspection by the Fire Department shall be required prior to the event. The applicant shall apply to the Fire Department 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 site plan indicating fire lanes and booth, ride, and large equipment locations. The applicant shall meet with a Fire Department representative at the time of issuance of the permit to receive approval of the submitted site plan. The site shall be inspected for compliance prior to 10:00 a.m. on the opening day. d. A written agreement shall be submitted from the Redeemer Lutheran Church across the street for the provision of one hundred fifty (150) spaces in addition to the three hundred eleven (311) parking spaces provided on the Church site itself. 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 to the City 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 8 through October 10, 1993. The Church shall distribute a letter to the affected residents indicating the contact persons's name and a map showing what streets will be barricaded. g. The proposed Bingo tent shall be a minimum of twenty (20) feet from the convent. h. The Land Use Section of the Community Development Department shall inspect the site for compliance with all conditions of approval prior to 10:00 a.m. opening day. 3. The hours of operation of the festival shall be limited to the following: Noon to 10:30 p.m. on Friday, 10:00 a.m. to 10:30 p.m. on Saturday, and 1:00 p.m. to 10:30 p.m. on Sunday. 4. All operations of the festival, including machinery other than necessary refrigeration units and the sale of alcohol, shall desist between the hours of 9:30 p.m. and 8:00 a.m. 5. Use of amplifiers, recorded music are evening. speakers, musical instruments, and playing of to be discontinued as of 9:00 p.m. each ZA Minutes - 9/1/93 -3- (7365d) 6: 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. 7. Uniformed officers shall be provided in number as determined by the Police Chief, on site during the operation hours of the event except that there shall be a minimum of ten (10) security officers and one (1) supervision officer on site from 6:00 p.m. to the close of the event on Friday, and from 2:00 p.m. to closing on Saturday and Sunday. The contract for the officers shall include a 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. The applicant shall be required to meet with the Patrol Sergeant to ensure standard enforcement between shifts. 8. Two (2) people from the Church shall patrol the adjacent surrounding neighborhoods during the hours of the festival operation to prevent trespassing and littering, and additional Church personnel shall monitor Springdale Avenue to deter patrons from jaywalking to reach the carnival or parking lot. 9. An announcement shall be made in the Church at all masses one week prior to the event 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. 10. 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 its expense, uniformed police officers to man the barricades at all times during the hours of operation at all locations 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). The barricades at Angler and Orlando Drive as well as at Bradbury Lane and Orlando Drive and Brassie Circle and Springdale Street shall not be required to be manned. Barricades shall be delivered and available for placement one (1) day prior to the event. Barricades shall be twelve (12) feet in length, reflectorized, and have lighting equipment which is automatically activated at dusk. 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. ZA Minutes - 9/1/93 -4- (7365d) 1 C� c. The vehicular access off of Orlando Drive and Bradbury Lane shall be secured and not used for access or egress to the site except for emergency purposes. d. All vehicular access 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. 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. 11. All equipment and manpower required by Condition Nos. 6 and 9 a. shall be provided at the applicant's expense. 12. 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. 13. A temporary fence acceptable to the Police Department, shall be constructed to control the crowds around the haunted house. 14. The applicant shall provide professional clean-up crews to clear the adjacent streets of trash and debris each evening after closing of the activity. 15. 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. 16. Alcoholic beverage sales are subject to review and approval of the Alcoholic Beverage Control Board and issuance of a license. 17. In the event there are any violations of the foregoing conditions or any violations of life safety codes or the festival conditions, the festival activity will be terminated and not permitted to reopen. 18. Parking lots shall be monitored by Church personnel. When a parking lot becomes full, a "Lot Full" sign shall be placed at the entrance to the parking lots. ZA Minutes - 9/1/93 -5- (7365d) ITEM 2: CONDITIONAL EXCEPTION (VARIANCE) NO. 93-34 Applicant: Lee A. Crisell 16366 Maruffa Circle Huntington Beach, CA 92649 Request: To permit a ten (10) foot front yard setback for the second story dwelling portion in -lieu of the minimum fifteen (15) foot setback pursuant to Section 9110.6 of the Huntington Beach Ordinance Code. Location: 16566 Maruffa Circle Jane Madera, Staff Planner, reported that a coastal development permit for an addition was previously approved by the Zoning Administrator. Subsequent to that action, it was discovered by staff that the current request for a variance for a ten foot front yard setback was necessary. Staff stated the lot was unique in configuration because of its location on a cul-de-sac and that it did not enjoy the same property rights as the adjacent properties. In addition, staff reported that the enclosed structure is proposed over one-half of the garage and the other half will remain open balcony. Staff stated that the public hearing notice identified a ten (10) foot setback although the plans presented depicted a nine (9) foot setback. Staff suggested the plans be revised to a ten (10) foot setback to match the garage building wall. Staff concluded by recommending approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Frank Politer, Architect for the project, was present and submitted plans depicting a ten (10) foot setback for the dwelling with no architectural projections. He concurred with the suggested conditions of approval. Leo Crisell, applicant, presented photographs of other homes with ten foot frontyard setbacks. There were no other persons present to speak for or against the request and the public hearing was closed. CONDITIONAL EXCEPTION NO. 93-34 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. L ZA Minutes - 9/l/93 -6- (7365d) FINDINGS FOR APPROVAL CONDITIONAL EXCEPTION N0, 93-34: 1. The granting of Conditional Exception No. 93-34 for a reduction in the front yard setback from the required fifteen (15) feet to ten (10) feet will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. The use of the structure will remain as a single family dwelling similar to other properties in the area. The addition will be constructed above the garage, it will match the garage setback, and will only cover a portion of the garage area. 2. Because of special circumstances applicable to the subject property, including size and shape, 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 located at the end of a local street where the radius turn of the cul-de-sac encroaches upon the typical layout of the lot. The cul-de-sac results in an irregular shaped lot that cannot be - developed identical to other standard rectangular shaped lots. 3. The granting of Conditional Exception No. 93-34 is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of Conditional Exception No. 93-34 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The addition will be architecturally compatible with_the existing structure and will be constructed in compliance with all Uniform Building, Fire, and other City Construction Codes. Furthermore, the addition will not impact public views or access. 5. The granting of Conditional Exception No. 93-34 will not adversely affect the General Plan of the City of Huntington Beach. The addition is consistent with the Low Density Residential Land Use Designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received at the Zoning Administrator hearing and dated September 1, 1993 shall be the conceptually approved layout. 2. There shall be no other addition for habitable floor area in the balcony area on the second floor above the garage without prior approval from the City of Huntington Beach. ZA Minutes - 9/l/93 -7- (7365d) 3. 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. 4. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 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 Conditional Exception No. 93-34 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 3: USE PERMIT NO 93-65 (Temporary Outdoor Event Applicant: SS. Simon and Jude Church 20444 Magnolia Huntington Beach, CA 92646 Request: To permit a Temporary Outdoor Event (Annual Church Festival) on October 1-3, 1993 pursuant to Section 9730.64 of the Huntington Beach Ordinance Code Location: 20444 Magnolia Street Jane Madera, Staff Planner, reported that the request was for an annual church festival. Staff said a public hearing notification had been mailed to property owners within 300 feet of the church and no telephone calls or letters were received. Staff concluded by recommending approval with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. John Cardullo, representing 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. �J ZA Minutes - 9/l/93 -8- (7365d) USE PERMIT NO. 93-65 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. Use Permit No. 93-65 for a three (3) day temporary outdoor event for an annual church festival will not be detrimental to: a. The general welfare of persons residing or working in the vicinity because use of amplifiers, speakers, and musical instruments will cease at 10:00 p.m. each evening of the event. Other specific conditions of approval regarding separation of the event from nearby residences, limiting the hours for clean-up of the operation, and provision of church personnel patrolling the surrounding area will insure the general welfare of adjacent residents. b. Property and improvements in the vicinity of such use or building. All machinery, equipment, trash, debris, dumpsters and any other item related to the event, will be removed from the site within two (2) days of closing of the event. 2. The granting of Use Permit No. 93-65 will not adversely affect the General Plan of the City of Huntington Beach which allows a temporary outdoor event of this nature. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated August 6, 1993, 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. 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. ZA Minutes - 9/l/93 -9- (7365d) 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. 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. 14. All operations of the festival, including tear down of machinery, other than necessary refrigeration units (if provided) shall be as follows: Friday Saturday Sunday Rides 5:00 PM - 10:00 PM 10:00 AM - 10:00 PM 11:00 AM - 9:00 PM All Other Operations 5:00 PM - 11:00 PM 10:00 AM - 11:00 PM 11:00 AM - 10:00 PM �J ZA Minutes - 9/l/93 -10- (7365d) 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. THE MEETING WAS ADJOURNED AT 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, SEPTEMBER 8, 1993 AT 1:30 PM. c usan Pierce Acting Zoning Administrator :jr ZA Minutes - 9/l/93 -11- (7365d)