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HomeMy WebLinkAbout1995-09-06E �1 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, SEPTEMBER 6, 1995 - 1:30 P.M. ,ZONING ADMINISTRATOR: Michael Strange STAFF MEMBERS: Mary Beth Ormsby, Susan Pierce, Wayne Carvalho, Lisa Koch MINUTES: Minutes of August 23, 1995 Approved ITEM 1: SPECIAL SIGN PERMIT NO. 95-6 Applicant: Sign Methods / Joe Cavazos Property Owner: Huntington Beach Associates, 17631 Fitch, Irvine, CA 92714 Request: To permit the installation of four (4), 17 square foot wall signs identifying Fosters Freeze in addition to the El Pollo Loco Restaurant signs. The Special Sign Permit request is for the following: 1) to advertise a product type in addition to the business identification signs; 2) to allow a second wall sign on three (3) elevations of the building; and 3) to exceed the maximum sign area allowed (120 square feet in lieu of maximum 112 square feet). Location: 16922 Goldenwest Street (150 feet north of the northeast corner of Goldenwest Street and Warner Avenue) Wayne Carvalho, staff planner, stated that this was a request to permit the installation of four (4), 17 square foot wall signs identifying Fosters Freeze on the existing El Pollo Loco Restaurant building. Mr. Carvalho stated that because it is a separate product name and not necessarily a separate business, staff is recommending denial of the request. Staff stated that the zoning code, as it is currently written, does not provide for two (2) businesses in one (1) suite to be advertised on a frontage. It was also noted that, according to the sign code, only one (1) business identification sign is permitted per wall and that the request exceeds the maximum sign area allowed by eight (8) square feet. Zoning Administrator Meeting Minutes - September 6, 1995 Page 2 THE PUBLIC HEARING WAS OPENED, Lloyd Francis, representative of Sign Methods, was present to speak on this request. Mr. Francis stated that Fosters Freeze is recorded with the state as being a business and that Fosters Freeze is franchised with El Polio Loco. It was noted that Sign Methods could incorporate the two business names onto one (1) sign and that one (1) sign could be eliminated to comply with the section of the sign code regarding area and the maximum square footage permitted. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mike Strange, Zoning Administrator, questioned Mr. Carvalho as to whether or not other options were available, such as a free-standing sign, due to the applicant requesting a permit that goes beyond what the current code will allow. Mr. Carvalho stated that because El Polio Loco was part of a much larger center, the center would be allowed one (1), 15 foot high center identification sign with two (2) monuments. SPECIAL SIGN PERMIT NO. 95-6 WAS DENIED BY THE ZONING ADMINISTRATOR. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR DENIAL - SPECIAL SIGN PERMIT NO. 95-6: 1. The four (4) proposed 17 square foot wall signs identifying Fosters Freeze will constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under identical zone classifications. Approval of Special Sign Permit No. 95-6 is not consistent with the Huntington Beach Sign Code by allowing two (2) different business identification signs for one established business (El Polio Loco). 2. There are no special circumstances to the subject property that would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. All businesses are restricted to wall signs identifying their own business. No secondary business signs or product identification signs are permitted in addition to the primary business identification. 3. The four (4) proposed 17 square foot wall signs will be detrimental to property located in the vicinity of such sign; and will not be compatible with the surrounding area. The secondary business signs will create clutter on the El Polio Loco Restaurant building, and will not be in keeping with the character of the surrounding commercial properties. :min09O6 Zoning Administrator Meeting Minutes - September 6, 1995 Page 3 ITEM 2: CONDITIONAL USE PERMIT NO, 95-54 Applicant: Stephen F. Perkins Property Owner: Robert Chan, P.O. Box 861056, Los Angeles, CA 90086 Request: To permit two (2), 18 foot by 18 foot shade tents at Marina Classic Car Wash. Location: 6001 Edinger Avenue (northeast corner of Edinger and Springdale) Susan Pierce, staff planner, stated that this request was to permit two (2), 18 foot by 18 foot canopies at Marina Classic Car Wash located at the northeast corner of Edinger and Springdale. It was noted that the zoning code does allow the canopies in the present location, which is 10 feet from the property line on Springdale. However, the zoning code also states that if the canopies were intended for permanent installation, there should have been conditional use permit approval by the Planning Commission. Ms. Pierce noted that staff does not support the canopies as being permanent structures but would support the temporary use of the canopies for a five (5) year period, between the months of May through September. If permanent structures are desired by the applicant, staff would rather see a structure that resembles the architectural style of the existing building that faces Edinger, including wood support beams that are acceptable to the Building Division. Ms. Pierce stated that should the Zoning Administrator approve the canopies as permanent structures, the canopies would require a building permit, a Fire Department permit, structural calculations to show that they could withstand wind, and the canopies must be fire - retardant. In addition to staff supporting the temporary use of the canopies, as well as suggested conditions of approval, it was recommended that the applicant post a $1,000.00 cash bond to guarantee the removal of the canopies at the end of each given period. THE PUBLIC HEARING WAS OPENED. Stephen Perkins, applicant, was present to speak on behalf of this request. Mr. Perkins stated that the canopies are structurally sound, able to withstand 75 mph winds, and are fire -retardant. It was noted that the color of the canopies could be changed to cosmetically match the existing building. Mr. Perkins stated that the construction of a building, in place of the canopies, would block visibility and parking spaces. In addition, a building would be visually unappealing and would take away from the facility. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mike Strange, Zoning Administrator, questioned Ms. Pierce as to whether or not Mr. Perkins could apply for a banner permit. Ms. Pierce stated that he could obtain a banner permit for a maximum 90 day period and that it would have to be attached to the wall or the free-standing sign. Mr. Strange stated that a condition shall be added that gives Mr. Perkins until December 31, 1995 to remove the canopies and obtain a building permit for a permanent structure. min09O6 Zoning Administrator Meeting Minutes - September 6, 1995 Page 4 CONDITIONAL USE PERMIT NO, 95-54 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) CALENDAR DAYS. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95-54: 1. The establishment, maintenance and operation of two wooden canopies will not be detrimental to the general welfare of persons residing or working in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The canopy location does not create a safety hazard or block the view of adjacent properties. The canopies comply with the ten feet setback from Springdale Street and approximately 15 feet from the driveway; the canopies have no sidewalls. 2. The granting of Conditional Use Permit No. 95-54 will not adversely affect the General Plan of the City of Huntington Beach. The permanent wooden canopies are consistent with the policies of the General Plan to promote commercial development. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95-54: 1: The site plan and elevations received and dated June 12, 1995, shall be the conceptually approved layout with the following modifications: a. The existing shade tents shall be removed no later than December 31, 1995. b. The existing shade tents shall be replaced with permanent wood frame design canopy structures which are architecturally compatible in color and materials with the patio cover facing Edinger Avenue. 2. A copy of the revised elevations shall be submitted to the Planning Division for inclusion in the Conditional Use Permit file. Detailing of vehicles shall not occur within the shade tents/wooden canopies. 4. 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. :min09O6 Zoning Administrator Meeting Minutes - September 6, 1995 Page 5 5, No signs or flags shall be permitted on or attached to the canopies. 6. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. INFORMATION ON SPECIFIC CODE REQUIREMENTS The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 95-54 if any violation of these conditions or of the Huntington Beach Municipal Code occurs. ITEM 3: CONDITIONAL USE PERMIT NO. 95-71 Applicant: Jennifer Hansen Property Owner: Collin Chan, 1920 E. Alto Lane, Fullerton, CA 92631 Request: To permit the construction of a six (6) foot tall wooden fence within four (4) feet of the front property line (12 foot setback required). ]Location: 203 1 lth Street (25 feet north of northwest corner of Walnut Avenue and 11th Street) Mary Beth Ormsby, staff planner, stated that this was a request to permit a six (6) foot tall wooden fence within four (4) feet of the front property line, where a 12 foot setback is required. It was noted that the fence has already been erected without benefit of a building permit. Ms. Ormsby stated that prior to the construction of the subject fence, a former fence existed on the property that had a five (5) foot setback. Staff recommended that the six (6) foot tall fence be allowed to encroach within the front yard setback, but that the fence be relocated back to the original five (5) foot setback so that visibility and the public right-of-way are not interfered. In addition, staff recommended that a building permit be obtained. THE PUBLIC HEARING WAS OPENED. The applicant was not present to speak on this request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. :min09O6 Zoning Administrator Meeting Minutes - September 6, 1995 Page 6 Mike Strange, Zoning Administrator, questioned Ms. Ormsby as to whether or not there have been any citizen complaints. Ms. Ormsby stated that this request was the result of a complaint and Code Enforcement activity. CONDITIONAL USE PERMIT NO. 95-71 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) CALENDAR DAYS. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.95-71: The establishment, maintenance and operation of Conditional Use Permit No. 95-71 for a six (6) foot tall wooden fence within five (5) feet of the front property line will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. The fence will not impede visual clearance in the vicinity of driveways and the public right-of- way. The fence is compatible with that of the property to the south and encloses an existing patio. 2. The granting of Conditional Use Permit No. 95-71 will not adversely affect the General Plan of the City of Huntington Beach. The fence within the front yard setback is consistent with the goals and objectives of the medium -density residential land use designation of the General Plan. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.95-71: The site plan, floor plans, and elevations received and dated August 2, 1995 shall be the conceptually approved layout with the following modifications: a. The site plan shall show the wall setback five (5) feet from the front property line. 2. A revised site plan shall be submitted depicting the modifications described above. 3. The applicant shall obtain a building permit for the fence. 4. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 5. 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 :min0906 Zoning Administrator Meeting Minutes - September 6, 1995 Page 7 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, 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 Use Permit No. 95-71 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. THE MEETING WAS ADJOURNED AT 2:35 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, SEPTEMBER 27, 1995. ]Mike Strange Zoning Administrator MS:MBO:Iek :nin0906 :min09O6