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HomeMy WebLinkAbout1993-09-15MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR ROOM B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, SEPTEMBER 15,1993 -1.30 PM ZONING ADMINISTRATOR: Mike Strange STAFF MEMBER: Jane Madera MINUTES: The Minutes of September 1 and September 8, 1993 Zoning Administrator Meetings were approved. ITEM USE PERMIT NO 93-67 (ICEMPORARY OUTDOOR EVENT) Applicant: Paul Gardikas 91 Nightingale Drive Aliso Viejo, CA 92656 Request: The permit the operation of a 31 day pumpkin sale and carnival from October 1-31, 1993. Location: 5141 Warner Avenue Jane Madera, Staff Planner, reported that the applicant has had pumpkin sales at the same location in the past. The new request includes the pumpkin sales and pony rides, kiddie rides, display of farm equipment and a carnival. Staff reviewed the special conditions of approval which were recommended to protect the surrounding properties. Staff concluded by recommending approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Paul Gardikas, the applicant, was present. He concurred with the suggested conditions of approval, however, inquired about the condition to provide a new fence because there is an existing fence on the property slightly farther north of the location suggested by staff. Mike Strange, Zoning Administrator, agreed to have Code Enforcement personnel check the location of the fence to determine if the existing fence would be adequate to keep people from disturbing the surrounding properties. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO.93-67 (TEMPORARY OUTDOOR EVENT) WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. FINDINGS FOR APPROVAL: 1. Use Permit No. 93-67 for a thirty-one (31) day temporary outdoor event will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The event is temporary in nature and will be substantially separated from any adjacent residences. With the conditions imposed, the applicant will be responsible for barricading traffic through Roosevelt Drive, for trash pick-up twice daily, for maintenance of the site, and for containing spillage of outdoor lighting within the boundaries of the event. b. Property and improvements in the vicinity of such use of building. The pumpkin sales lot and carnival will be contained within a fenced area and all access to the site will be taken from Roosevelt Drive. The temporary event will not alter the existing improvements. 2. The granting of Use Permit No. 93-67 will not adversely affect the General Plan of the City of Huntington Beach. The event is a temporary use. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated August 11, 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. ZA Minutes - 9/15/93 -2- 1 b. 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, fire extinguishers, booths, rides, 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. C. 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. d. The Code Enforcement 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. Preparation of the vacant site for the event shall be limited to minimal ground scraping activities so as not to disturb the natural terrain and topography any more than necessary. Removal of weeds and minimal leveling of the site shall be acceptable. 4. The applicant shall obtain all necessary permits and approvals from the Orange County Health Care Agency, Environmental Health Division. 5. The applicant shall be responsible for the provision of a temporary fence for the containment of the site. The fence shall be located no more than 420 feet north of Warner Avenue and no more than 440 feet east of Roosevelt Street. 6. The hours of operation of the pumpkin sales lot shall be 9:00 a.m. to 9:00 p.m. The amusement ride hours at the pumpkin lot shall be Monday - Friday, 11:30 a.m. to 9:00 p.m. and Saturday - Sunday, 9:30 a.m. to 9:00 p.m. The hours of operation of the carnival on October 27-31 shall be Wednesday - Thursday, 5:00 p.m. to 10:00 p.m., Friday, 5:00 p.m. to 12:00 a.m.; Saturday 12:00 p.m. to 12:00 a.m.; and Sunday 12:00 p.m. to 10:00 P.M. 7. All operations of the festival, including machinery other than necessary refrigeration units, shall desist between the hours of 10:30 p.m. and 8:00 a.m. Sunday through Thursday and between 1:00 a.m. and 8:00 a.m. Friday and Saturday. ZA Minutes - 9/15/93 -3- 8. Use of amplifiers, speakers, musical instruments, and playing of recorded music are to be discontinued as of 10:00 p.m. Sunday through Thursday and 12:00 a.m. Saturday and Sunday. 9. All activity on the site or clean-up activity off -site shall be shut down by 11:00 p.m. Sunday through Thursday and 1:00 a.m. Saturday and Sunday. All activities shall conform to the provisions of the Huntington Beach Ordinance Code regarding noise. 10. The following traffic, circulation, and on -site parking provisions shall be made during the event: a. Barricades shall be placed no more than 100 feet north of the event entrance on Roosevelt Lane. The applicant shall provide, at its expense, personnel to man the barricades at all times during the hours of operation of all events. 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. 11. All equipment and manpower required by Condition Nos. 9, 10a and 13. shall be provided at the applicant's expense. 12. No structures, booths, etc., shall be erected on the site sooner than one (1) week prior to the event, and all evidence of the activity (booths, rides, and other material) shall be completely removed from the site within five (5) days of closing of the event. 13. The applicant shall provide clean-up crews to clear the site and surrounding area of trash and debris twice daily; once in the morning and once in the evening. 14. 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. 15. Alcoholic beverage sales are subject to review and approval of the Alcoholic Beverage Control Board and issuance of a license. 16. 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. ZA Minutes - 9/15/93 4- INFORMATION ON 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. 93-67 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 2• USE PERMIT NO.93-66 Applicant: Silvestre San Miguel 17041 Oak Lane, No. B Huntington Beach, CA 92647 Request: To permit the establishment of a mobile hot dog vending cart outside the Home Depot Store. Location: 6912 Edinger Jane Madera, Staff Planner, reported that the hot dog vending cart had been inside the Home Depot Store, however, as a result of remodeling of the store, the cart had been moved to the outside. Staff reported visiting the site and determined that material was being stored outside which creates a potential hazard and is not permitted. Staff advised that a petition signed by other tenants in the center had been received in opposition of the request. Staff concluded by recommending approval of the request with a special condition that all other display items be kept inside of the store, and with findings and other suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Silvestre San Miguel, the applicant, was present and said that the reason for the request was because there was not enough room for the hot dog cart inside the store. ZA Minutes - 9/15/93 -5- Robert Tepper, owner of the other tenant buildings in the center, was present and spoke in opposition to the request stating that the cart is a detriment to the shopping center. Mr. Tepper stated the potential for conflict is great between people loading and unloading purchases and materials and people eating items from the cart. Mr. Tepper felt that the hot dog cart creates a public safety hazard.. Mr. Fitzgerald, Property Manager for the buildings leased by Robert Tepper, was present and spoke in opposition to the request. He was concerned that the hot dog cart was located in an area where customers load purchases and creates a hazard. He also advised that there were five other eating establishments in the center. Mr. Lund was present and spoke in opposition to the request. He said that the stand generates trash in the parking lot and is a safety hazard. Mr. San Miguel Jr., was present and reported that he and his father operate the hot dog cart. He said they always clean up any trash left by customers and that customers appreciate the business. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO.93-66 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. 1. Use Permit No. 93-66 for the establishment, maintenance and operation of an outdoor mobile hot dog cart will be detrimental to: a. The general welfare of persons residing or working in the vicinity. The location of the outdoor hot dog cart is detrimental to the pedestrian and vehicular circulation between the Home Depot loading doors, the exit and entryway and the mobile food cart. The area is too congested with people, products and building materials to support the addition of a mobile food cart. Furthermore, the area is used as a temporary loading zone for the Garden Center and other Home Depot products and conflicts with customers at the food cart. b. Property and improvements in the vicinity of such use or building. The addition of the hot dog cart has the potential to cause an accident between people moving purchases into and out of the site and people dining in front of the mobile cart. ZA Minutes - 9/15/93 -6- L' 2. The granting of Use Permit 93-66 will adversely affect the General Plan of the City of Huntington Beach. The outdoor mobile vending cart is inconsistent with the goals and objectives of the General Commercial Land Use designation of the General Plan which requires all commercial activities to be located entirely within a permanently enclosed building. THE MEETING WAS ADJOURNED AT 2:10 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, SEPTEMBER 22,1993 AT 1:30 PM. Mike S range Zoning Administrator :jr ZA Minutes - 9/15/93 -7-