Loading...
HomeMy WebLinkAbout1996-05-01MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MAY 1, 1996 - 1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBERS: Wayne Carvalho, Susan Pierce, Mary Beth Broeren, Lisa Koch MINUTES: None ORAL COMMUNICATION: None ITEM 1: SPECIAL SIGN PERMIT NO. 96-5 (LIBERTY NATIONAL BANK SIGN) CONTINUED FROM APRIL 24, 1996 Applicant: Swain Sign Request: To permit a 90 square foot wall, sign identifying Liberty National Bank on the fascia band above the fifth floor of the office tower facing the intersection of Beach Boulevard and Warner Avenue. Location: 17011 Beach Boulevard (southwest corner at Warner Avenue) Wayne Carvalho, project planner, stated that the request was to permit the installation of a 90 square foot wall sign identifying Liberty National Bank on the fifth floor fascia band facing the intersection of Beach Boulevard and Warner Avenue. It was noted that the application was continued from April 24, 1996, in order to allow the Design Review Board to examine the request. The Design Review Board recommended that the sign be placed on the second floor fascia band, thus allowing the applicant an increased letter height consistent with the Huntington Beach Zoning and Subdivision Ordinance. Mr. Carvalho stated that the subject building exceeds 100 feet in height; therefore, special sign criteria exist allowing a large sign at the top of the building as well as smaller wall signs below. Staff recommended approval of the subject request with the modification that the wall sign be placed on the third floor fascia band based upon ground level constraints. In addition, staff determined that a wall sign located on the fifth floor fascia band would break up the architectural integrity of the building and would not be proportionate with the building. May 1, 1996, Zoning Administrator Meeting Minutes Page 2 Herb Fauland, Zoning Administrator, questioned Mr. Carvalho as to whether or not he received approval from the property owner to revise the planned sign program. Mr. Carvalho stated that the application was signed by the property owner who is in support of the applicant's request. Mr. Fauland questioned where Liberty National Bank would be located in the building. Mr. Carvalho stated that the bank would utilize approximately one-half (1/2) of the ground floor. It was noted that staff s consideration to move palms on the ground floor to provide clear exposure of the first and/or second floor fascia bands was rejected due to cost restraints. Mr. Fauland questioned whether or not staff considered placing the wall sign on the top fascia band, adjacent to the Unisource sign. It was noted that a lease agreement exists that gives Unisource exclusive rights to the top fascia band of the building. THE PUBLIC HEARING WAS OPENED. Dick Harlow, representative for the applicant, was present and stated that signs midway up a building can be done in an attractive manner. Mr. Harlow requested that a compromise be granted, allowing the wall sign to be placed on the fourth floor fascia band. In addition, he asked that the sign be approved at the requested 90 square feet, as opposed to the larger sign recommended by the Design Review Board. Kathy Leigh, representative of Birtcher Property Services, stated that the wall sign placed on the fourth floor fascia band would provide the needed visibility from Beach Boulevard. Mr. Fauland voiced concern regarding setting a precedent. Mr. Fauland questioned whether or not there were any measures by the property management to restrict further signage on every band of the building. Ms. Leigh stated that it was also the property manager's intent to prevent a cluttering of signage and that only a limited number of signs would be allowed on the subject building. 'Tom Andrusky, Assistant Project Manager for the Economic Development Department, was present and requested approval of this application with the modification that the wall sign be placed on the fourth floor fascia band. Mr. Fauland stated that his concerns regarding the proposal were: 1) Setting a precedent, 2) excessive signage on every fascia band, and 3) the architectural integrity of the building. He indicated that the location was unique because of the building's height, setback and ground floor design which prevented proper placement of the sign. Mr. Fauland also indicated that he had visited the site and the landscaping blocked adequate visibility of the sign. Finally, he noted that a compromise has been presented which would accomodate both the applicant's needs and the concerns expressed by staff. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE ]REQUEST AND THE PUBLIC HEARING WAS CLOSED. (g:za:min:0501) May 1, 1996, Zoning Administrator Meeting Minutes Page 3 SPECIAL SIGN PERMIT NO.96-5 WAS CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR AS MODIFIED WITH THE FINDINGS AS OUTLINED BY STAFF. 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 - SPECIAL SIGN PERMIT NO. 96-5: The 90 square foot wall sign on the fourth floor fascia band facing the intersection of Beach Boulevard and Warner Avenue is compatible with the character of the area and is needed for proper business visibility. The special circumstances of the building height, building setback, architectural design of the building, and landscaping are necessary factors for the proper placement of the sign for adequate business visibility. The channel letter type sign is compatible with the sign program for the center, compatible with signs in the area along Beach and Warner and will provide proper business exposure for Liberty National Bank. 2. The 90 square foot wall sign will not adversely affect other signs in the area. The proposed sign is compatible in design and size with other signs in the center and with signs in the immediate area. The placement of the sign on the fourth floor fascia, will not obstruct the view of any other sign in the area. 3, The 90 square foot wall sign will not be detrimental to properties located in the vicinity. With the unique height of the building and physical constraints on the property; including the building setback, building entry design and the location and height of the palm trees, the sign on the fourth floor fascia band will not be obstructed or impact other properties in the area. 4. The 90 square foot wall sign on the office tower at 17011 Beach Boulevard will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. The sign at the approved location provides vehicular and pedestrian traffic with a visible sign that is placed at the proper level and will not be obstructed by other buildings or trees. 5. Strict compliance with Chapter 233 (Signs) will result in a substantial economic hardship to the applicant/Liberty National Bank. The approved location of the sign on the fourth floor fascia provides the Bank with the proper visibility and exposure to maintain a viable business. !CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 96-5: 1. The site plan and sign elevations received and dated April 2, 1996 shall be the approved layout with the modification that the sign be located on the fourth floor fascia band. 2. The conditions of approval shall be printed verbatim on all working drawings submitted for plan check. In addition, property owners authorization shall be presented upon submittal for plan check. (g:za:min:0501) May 1, 1996, Zoning Administrator Meeting Minutes Page 4 3. The Zoning Administrator reserves the right to rescind this special sign permit approval in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. 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. The Zoning Administrator reserves the right to revoke Special Sign Permit No. 96-5 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. ITEM 2: CONDITIONAL USE PERMIT NO.96-6 (TACO BELL) Applicant: Peter Haddad Request: To replace the non -audible drive-thru ordering system (previously required under Conditional Use Permit No. 88-57) with an audio -video speaker system. :Location: 818 Pacific Coast Highway (at Ninth Street) Susan Pierce stated that this request originated in 1994 when the restaurant owner of Taco Bell requested to replace the non -audible drive-thru ordering system. Based upon the testimony of two (2) persons who spoke in opposition to the request, the Zoning Administrator denied the application. The restaurant owner has again requested the replacement of the non -audible ordering system that was originally required under Conditional Use Permit No. 88-57. Ms. Pierce stated that the application submitted by the property owner is very similar if not identical to the application that was submitted and subsequently denied back in 1994. Staff has received a letter from an adjacent property owner which states that the sound study appears to be the same study submitted in 1994 and that the associated noises from the restaurant and the speaker system would adversely affect neighboring residences. It was noted that staff also received a letter from the applicant stating that he has contracted to have an environmental sound study done on the desired sound system. Thus, the applicant has requested a continuance of this application until the sound study is complete. Staff concurred with the continuance. It was also noted that 22 of the 33 property owners in an adjacent condominium complex were not notified due to incorrect unit numbers. Therefore, staff recommended continuance of this application to a date uncertain not only to allow the applicant to submit the noise study but also so that the project can be readvertised. (g:za:min:0501) May 1, 1996, Zoning Administrator Meeting Minutes Page 5 Herb Fauland, Zoning Administrator, requested clarification regarding the sound study that has already been submitted. Ms. Pierce stated that it is not an official sound study but rather a report prepared by the manufacturer of the sound system that describes the system in detail as well as the noise generated. THE PUBLIC HEARING WAS OPENED. Michael Thompson, adjacent resident, was present and stated that seven years ago City Council approved this project with noise mitigation measures which include a non -audible drive-thru ordering system. Mr. Thompson added that over the past seven years conditions have not changed on the subject site and the key factors remain. Mr. Thompson requested that the Zoning Administrator deny the application. William Paxson, adjacent resident, was present and stated that he was opposed to the subject request. Mr. Paxson suggested that the only real problem with the current ordering system for Taco Bell is that the telephone system is located on the curve of the drive-thru aisle. Mr. Paxson felt that if the system was moved forward off of the curve, drivers would have no difficulties reaching the telephone. Mr. Paxson requested denial of the application. "Nan Patel, owner of the adjacent motel, was present and stated that he has received numerous noise complaints from guests located on the side of the motel facing Taco Bell. Mr. Patel voiced concern over the possible increase in noise due to an audio -video speaker system. Gigi Eletreby, adjacent resident, was present and voiced concern over the possible audio -video speaker system proposed by Taco Bell. Ms. Eletreby requested denial of the application. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland stated that a continuance is appropriate and indicated to the applicant that a quality sound analysis be prepared and presented at the future meeting. He noted that the previous study was inadequate and only a manufacturer's pamphlet which did not meet the Zoning Administrator's criteria. CONDITIONAL USE PERMIT NO. 96-6 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO A DATE UNCERTAIN WITH THE PROVISIONS THAT A QUALITY NOISE STUDY BE SUBMITTED BY THE APPLICANT AND THE PROPERTY OWNERS BE RENOTIFIED. (g:za:min:0501) May 1, 1996, Zoning Administrator Meeting Minutes Page 6 ITEM 3: CONDITIONAL USE PERMIT NO, 96-12 (DANCE STUDIO) Applicant: Joseph T. Kung Request: To establish a personal enrichment business, The Academy of Dance Arts and Ballet, in an existing 4,000 square foot building. Location: 19171 Magnolia Street (west side of Magnolia, approximately 870 feet south of Garfield Avenue) Mary Beth Broeren, project planner, stated that this was a request to establish a dance studio in an existing commercial building located at the west side of Magnolia Street, approximately 870 feet south of Garfield Avenue. Ms. Broeren stated that the building is 4,000 square feet, however, the space devoted to dance instruction is considerably less. The floor plan shows that the dance instruction area is approximately 1,037 square feet. In addition, there will be a room of comparable size used specifically for choreography. The remaining space is hallway, restroom, storage and office area. It was noted that the hours of operation would be from 1:00 p.m. to 10:00 p.m., with dance classes on Monday through Thursday from 3:00 p.m. to 9:00 p.m., Fridays from 2:30 p.m. to 6:00 p.m., and Saturdays from 9:00 a.m. to 1:00 p.m. Ms. Broeren stated that the maximum number of students and faculty that would be in the facility at any given time would be approximately 20, due to the fact that class size is limited to 10 students. The applicant expects approximately five (5) classes on Monday through Thursday and four (4) classes on Friday and Saturday. Ms. Broeren stated that to the rear of the subject building there is a blacktop area as well as a block wall which serves as a barrier for the single family homes located directly behind the property. It was noted that the applicant has considered landscaping the rear area. Staff s concerns regarding a landscaped rear area include maintenance and loitering; therefore, staff recommended a modified landscaping plan for the applicant. The use, combined with the other existing tenants in the shopping center, would require approximately 205 parking spaces. Taking into account the restriping plan that the applicant has proposed, approximately 209 parking spaces would be available. Ms. Broeren stated that she has received one (1) phone call from a resident directly behind the proposed use who expressed concern over the possible noise that would be generated from the dance studio. It was noted that per the Building ]Department, the subject building is constructed of concrete which is one of the most effective noise insulators. Ms. Broeren stated that there is a 20 foot setback from the block wall to the rear of the building and the three (3) residences that are directly to the rear of the building have approximately 10 foot setbacks to the rear property line. Ms. Broeren stated that the 30 foot distance, in addition to the building's wall, would minimize any possible impacts to the homes. The applicant, additionally, would be required to comply with the City's noise ordinance. Staff recommended approval of this request with conditions. Conditions of approval include placing pipe barricade assemblies around the existing manholes, paying traffic impact fees, keeping the doors at the rear of the building closed during business hours, submitting a landscape plan, and replacing any mature trees removed on a two (2) to one (1) ratio. THE PUBLIC HEARING WAS OPENED. (g:za:min:0501) May 1, 1996, Zoning Administrator Meeting Minutes Page 7 Joseph Kung, applicant, was present and stated that he would comply with all conditions of approval. It was noted that his intent was to keep noise at a minimum so as not to impact the residences to the rear of the property. Gloria Moddel, property owner to the rear of the subject building, was present and stated that she was opposed to the applicant's request. Ms. Moddel voiced concern regarding the potential noise and automobile fumes that would be generated by the proposed use. Laura Phillips, acquaintance of Ms. Moddel, questioned what type of trees would be used to replace the removed trees. It was noted that the types of trees that could be used would be determined by the City's Landscape Architect. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, questioned whether or not staff has considered a condition that would impose a review period for this use (i.e. six [6] months) to insure that the operation is working in compliance with the noise ordinance. Ms. Broeren stated that staff did not feel the use warranted such a condition. Mr. Fauland recommended that a six (6) month review period be imposed. It was noted that the review period shall begin when the applicant obtains a Certificate of Occupancy. Mr. Fauland voiced concern regarding the five (5) doors to the rear of the subject building. It was noted that the Building Division has indicated that there are materials that could be used to adequately insulate the existing rear doors. Mr. Fauland recommended that at least a portion of the replacement trees be planted along the back landscaped area to mitigate any potential noise impacts. Ms. Broeren added that, due to the surplus parking, a given number of parking spaces could be removed along the rear of the property to further reduce the number of parking spaces along that rear property line. Mr. Fauland supported Ms. Broeren's recommendation and imposed further that a portion of the replacement trees be placed in a landscape planter where the said parking spaces would be. Mr. Fauland recommended that a supplemental condition be added requiring the submittal of a plan prior to issuance of building permits that shows which of the rear doors will remain open for fire escape purposes and Building Code requirements and which doors will be insulated to prevent noise continuation. CONDITIONAL USE PERMIT NO.96-12 WAS CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR AS MODIFIED WITH THE FINDINGS AS OUTLINED BY STAFF. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION `WITHIN TEN (10) CALENDAR DAYS. (g:za:min:0501) May 1, 1996, Zoning Administrator Meeting Minutes Page 8 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 96-12: 1. Conditional Use Permit No. 96-12 for the establishment, maintenance and operation of a personal enrichment business for a dance studio 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. Adequate parking will be provided for the shopping center. The dance studio's activities will not disturb the three (3) residential units to the rear of the structure because of the following factors: 1) the doors to the dance studio will be closed during operations; 2) the building is setback 20 feet from the rear property line (10 feet required) reducing potential noise impacts; and 3) the rear building wall is concrete, an effective barrier for minimizing transmission of sound. The building is also located in the rear of the shopping center away from the other tenants; thus, the dropping off/picking up of students will not pose a circulation or safety hazard for the rest of the shopping center. 2. The granting of Conditional Use Permit No. 96-12 will not adversely affect the General Plan of the City of Huntington Beach. The personal enrichment service is consistent with the goals and objectives of the Commercial General land use designation for the property. 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. Adequate parking will be provided for the shopping center. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 96-12: 1, The site plan received and dated April 23, 1996 and floor plans received and dated April 10, 1996 shall be the conceptually approved layout with the following modification: a. The site plan shows a surplus of four (4) spaces. If upon restriping of the parking lot there will still be a surplus, any potential surplus parking spaces (above 205 spaces) shall be removed from the site plan along the westerly property line. 2. The use shall comply with the following: a. All doors shall remain closed when sound -system is operating and/or dance instruction is occurring. 3. Prior to submittal for building permits, the following shall be completed: a. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. b. Note on plans: Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code standards. (FD) (g:za:min:0501) May 1, 1996, Zoning Administrator Meeting Minutes Page 9 c. Note on plans: Address numbers shall be installed with City Specification #428. The size of the numbers shall be as follows. The numbers for the building shall be sized a minimum of six (6) inches with a brush stroke of one and one-half (1 1/2) inches. (FD) d. Note on Plans: Exit signs and exit path markings shall be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Include low level exit signs. (FD) 4. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: A Landscape Construction Set submitted to the Department of Public Works. The landscape construction set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which includes all proposed/existing plant materials (location, type, size, quantity), irrigation plan, grading plan and approved site plan, and copy of conditions of approval. The landscape plan shall be in conformance with Chapter 232 of the Huntington Beach Zoning and Subdivision Ordinance. The set must be complete and approved by both Departments of Community Development and Public Works prior to issuance of building permits. (PW) b. A plan shall be submitted to the Department of Community Development showing which of the rear doors shall remain and showing an insulation plan for said doors. Prior to final inspection or Certificate of Occupancy: a. The existing raised sewer manholes shall be protected by a pipe barricade, assembly per Standard Plan No. 615. The pipe spacing around the manholes shall be 30 inches from center of manhole to center of pipe. (PW) b. Existing mature trees that are removed shall be replaced on a two (2) to one (1) ratio with 36 inch box trees or palm equivalent. The location of the replacement trees shall be determined by the City's Landscape Architect, but generally shall be located along the westerly property line. 6. Prior to final building permit approval, the following shall be completed: a. 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. b. Compliance with all conditions of approval specified herein shall be accomplished. (g:za:min:0501) May 1, 1996, Zoning Administrator Meeting Minutes Page 10 7. A review of the use shall be conducted within six (6) months of the date of issuance of the Certificate of Occupancy to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Municipal Code. If, at that time, there is a violation of these conditions of Code Sections, Conditional Use Permit No. 96-12 may become null and void. 8. The Zoning Administrator shall be notified in writing if any changes in the floor plan 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. 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, including Chapter 8.40 Noise. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. All applicable Public Works fees shall be paid. 4. Traffic Impact fees shall be paid at the time of issuance of a Certificate of Occupancy or final inspection. 5. Landscaping shall comply with Chapter 232 of the Huntington Beach Zoning and Subdivision Ordinance. 6. A Certificate of Occupancy shall be issued by the Department of Community Development. 7. Construction shall be limited to Monday through Saturday, 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and federal holidays. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-12 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. (g:za:min:0501) May 1, 1996, Zoning Administrator Meeting Minutes Page 11 ITEM 4: TEMPORARY USE PERMIT NO. 96-2 (HUNTINGTON SURF & SPORT) Applicant: Huntington Surf & Sport, Aaron Pai Request: To permit two (2) outdoor events: 1) sidewalk sales on May 25 and 26, June 1 and 2, November 29 through December 1, December 14 and 15, and December 21 through 25, 1996; , and 2) U.S. Open/Pro sales on July 30 through August 4 and August 6 through 11, 1996. Location: 300 Pacific Coast Highway, #104 (northeast corner of Main Street and Pacific Coast Highway) Mary Beth Broeren, project planner, stated that this was a request to permit sidewalk sales on varied dates. It was noted that the applicant has had sidewalk sales for a number of years without incident. The sidewalk sales in conjunction with the U.S. Open/Pro Tournament would be conducted in front of the fountain located at the northeast corner of Main Street and Pacific Coast Highway, whereas the other sidewalk sales would take place behind the fountain. Ms. Broeren stated that the setbacks are approximately 32 feet from Main Street and 18 feet from Pacific Coast Highway; therefore, there is an ample amount of public right-of-way. Staff has not received any citizen complaints regarding the previous events. Approximately three (3) employees would be staffed at the events and hours of operation would be from 8:00 a.m, to 9:00 p.m. Staff recommended approval of the request with conditions. Conditions of approval include the following: the features of the sidewalk sales may not encroach into the public right-of-way; the tables shall be draped in an aesthetically pleasing manner; the fire access lanes must be maintained at 24 feet in width; and there shall be no sales to persons in vehicles or in the public right-of-way. THE PUBLIC HEARING WAS OPENED. Aaron Pai, applicant, requested approval of the application. Mr. Pai stated that he would comply 'with all conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO.96-2 WAS CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR AS PROPOSED BY THE APPLICANT WITH THE FINDINGS AS OUTLINED BY STAFF. 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 - TEMPORARY USE PERMIT NO. 96-2: 1. Temporary Use Permit No. 96-2 for the establishment, maintenance and operation of the temporary outdoor events will not be detrimental to the general welfare of persons (g:za:min:0501) May 1, 1996, Zoning Administrator Meeting Minutes Page 12 residing or working in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. The location of the temporary outdoor sales events are not in the vicinity of any residences and the tables and booths associated with the events will not block entrances or accessibility to other businesses in Pierside Pavilion. All improvements necessary for the temporary events are already in place and will not require alteration as a result of the project. 2. The granting of Temporary Use Permit No. 96-2 will not adversely affect the General Plan of the City of Huntington Beach. The use is consistent with visitor serving commercial uses allowed by the General Plan. 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 - TEMPORARY USE PERMIT NO. 96-2: The site plan, floor plans, and elevations received and dated March 15, 1996 shall be the conceptually approved layout. 2. The use shall comply with the following: a. 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. (FD) b. Fire access lanes shall be a minimum width of 24 feet. (FD) c. No sales of merchandise shall occur to people in vehicles or in the public right-of- way. d. Merchandise display racks, tables, booths, or anything associated with the events, including people in line waiting for autographs, may not encroach within the public right-of-way. e. Merchandise sales in front of the fountain shall be limited to official "U.S. Open of Surfing" items only. f. Merchandise display racks, booths and/or tables for all events shall be draped or covered in an aesthetically pleasing manner. This action shall include necessary permits for temporary signs. 4. The Zoning Administrator shall be notified in writing if any changes in the site plan are proposed prior to the events. 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. (g:za:min:0501) May 1, 1996, Zoning Administrator Meeting Minutes Page 13 INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The events shall comply with all applicable provisions of the Huntington Beach 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 Temporary Use Permit No. 96-2 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM 5: TEMPORARY USE PERMIT NO. 96-6 (CIRCUS VARGAS) Applicant: Huntington Beach Mall, Pat Rogers Request: To permit Circus Vargas in the Huntington Beach Mall parking lot from May 13 through 19, 1996. Location: 7777 Edinger Avenue (northwest parking lot, northwest of Montgomery Ward building) Mary Beth Broeren, project planner, stated that this was a request to permit Circus Vargas to be located at the Huntington Beach mall for a seven (7) day period from May 13 through 19, 1996. Circus Vargas has had their event at this mall for several years; however, due to the location of the new Barnes & Noble, the event will be relocated to the northwest parking lot, northwest of the Montgomery Ward building. Staff recommended approval of the request with essentially the same conditions of approval that were imposed on the project in the previous years. A slight modification to the conditions exist due to the relocation of the event. For this event, staff recommended that directional signage be placed at the second driveway entrance on Edinger Avenue from Beach Boulevard and at the first driveway entrance on Center Avenue from the 405 Freeway. In addition, it was recommended that directional and entryway signage be placed at the fourth and fifth driveway entrances on Edinger Avenue from Beach Boulevard and at the third driveway entrance on Center Avenue from the 405 Freeway. Standard conditions of approval include the following: The applicant shall provide personnel to direct traffic flow into and out of the site from one (1) hour before each show to one (1) hour after each show; eight (8) uniformed security personnel shall be on site to safeguard the premises; a 24 hour emergency phone number shall be provided to the Police Department; fire access lanes shall be maintained; no parking shall be allowed within 60 feet of the tent; no smoking shall be allowed in the tent; "No Smoking" signs shall be posted in conspicuous locations; 14 fire extinguishers shall be provided; and prior to installation of the tent, the applicant must provide proof of certification that the tent is made of a fire -retardant material. Prior to the first day of the event, the following must be completed: All necessary Fire Department and electrical permits must be obtained; the tent must be secured against collapsing to the satisfaction of the Fire Department; and the "No Smoking" signs shall be posted. (g:za:min:0501) May 1, 1996, Zoning Administrator Meeting Minutes Page 14 THE PUBLIC HEARING WAS OPENED. Pat Rogers, applicant, was present and requested approval of the application. Ms. Rogers stated that she would comply with all conditions of approval. Rolanda Kaiser, representative for Circus Vargas, stated that she is currently in the process of obtaining the necessary Fire Department and electrical permits. It was noted that Circus Vargas will comply with all conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO. 96-6 WAS CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR AS PROPOSED BY THE APPLICANT WITH THE FINDINGS AS OUTLINED BY STAFF. 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 - TEMPORARY USE PERMIT NO. 96-6• 1. Temporary Use Permit No. 96-6 for the establishment, maintenance and operation of the seven day event, Circus Vargas, 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 event will be maintained, secured and controlled in an appropriate manner with directional signage, traffic control and security personnel. The Huntington Beach Mall will also participate in control of the area with the regularly scheduled mall security. There will be ample time between shows (one [ 1 ] hour) for circulation and exiting and entering the parking lot. Because the event is temporary in nature, it will not alter existing property and improvements in the vicinity. 2. The granting of Temporary Use Permit No. 96-6 will not adversely affect the General Plan of the City of Huntington Beach. The event is consistent with uses allowed in the areas with a General Commercial Land Use designation. 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 - TEMPORARY USE PERMIT NO. 96-6: The site plan, floor plans, and elevations received and dated April 5, 1996 shall be the conceptually approved layout. (g:za:min:0501) May 1, 1996, Zoning Administrator Meeting Minutes Page 15 2. The use shall comply with the following: a. The applicant shall post directional signage at the second driveway entrance on Edinger Avenue from Beach Boulevard and at the first driveway entrance on Center Avenue from the 405 Freeway. The applicant shall post directional and entryway signage at the fourth and fifth driveway entrances on Edinger Avenue from Beach Boulevard and at the third driveway entrance on Center Avenue from the 405 Freeway. b. The applicant shall provide personnel to direct traffic flow into and out of the site from one (1) hour before each show to one (1) hour after each show. c. Eight (8) uniformed, identifiable security personnel shall be on site to safeguard premises and the applicant shall provide a 24 hour emergency phone number to the Police Department. d. 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. (FD) e. Fire access lanes shall be a minimum width of 24 feet and shall be maintained around tent. (FD) f. Fourteen (14), ZA/10 BC fire extinguishers shall be provided in locations specified by the Fire Department. (FD) g. Exit ways and signs shall comply with Article 32 of the Huntington Beach Fire Code. (FD) h. Temporary use of extension cords shall comply with the Electrical Code. i. No smoking shall be permitted in the tent. (FD) j. All parking shall be a minimum of 60 feet from the tent. 3. Prior to installation of the tent on the site, proof of certification that the tent is of a fire retardant material shall be submitted to the Fire Department for approval. (FD) 4. The applicant's request shall include necessary permits for temporary signs, however, no signs shall be located in the public right-of-way. 5. Prior to the first day of the event, the following shall be completed: a. The applicant shall obtain all necessary Fire Department permits. (FD) b. The applicant shall obtain all necessary Electrical permits. (g:za:min:0501) May 1, 1996, Zoning Administrator Meeting Minutes Page 16 c. The tent shall be secured against collapsing to the satisfaction of the Fire Department. (FD) d. "No Smoking" signs shall be posted in the tent in conspicuous locations. 6. The Zoning Administrator shall be notified in writing if any changes in the site plan are proposed prior to the event. 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 Temporary Use Permit No. 96-6 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. THE MEETING WAS ADJOURNED AT 2:40 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MAY 8, 1996. Herb Fauland Zoning Administrator (g:za:min:0501)