HomeMy WebLinkAbout1997-04-16MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINI TRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, APRIL 16 1997 -1.30 P.M.
ZONING ADMINISTRATOR• Herb Fauland
STAFF MEMBER: Kim Klopfenstein, Wayne Carvalho, Peter Vanek, Mary
Beth Broeren, Kim Langel (recording secretary)
MINUTES: None
ORAL COMMUNICATION• None
ITEM 1 • CONDITIONAL USE PERMIT NO 97 9 (SECURITY FENCING)
APPLICANT/
PROPERTY OWNER: Syed M. Hasan, 7631 Woodwind Drive, Huntington Beach, CA 92647
REQUEST: To permit construction of a six (6) foot high security fence in the
parking lot on the west side of the property.
LOCATION: 7631 Woodwind Drive (north of Talbert Avenue, west of Beach
Boulevard).
PROJECT PLANNER: Kim Klopfenstein
Kim Klopfenstein, Staff Planner, displayed site plan and photographs stating that this request is
to permit construction of a six (6) foot high security fence in the parking lot on the west side of
the property at 7631 Woodwind Drive. The subject property is located in the Light Industrial
zone and several security gates currently exist in this area. The gate will not impede access to
adjacent properties, and it meets minimum emergency and setback requirements.
Staff recommends approval with findings and modified conditions as outlined in the staff report.
The modified condition requires that a man door be installed in the west side of the gate to
provide emergency exiting from the building to the public right-of-way.
Herb Fauland, Zoning Administrator, asked staff if there are any parking concerns because of the
design of the security gate. Staff stated that the industrial use provides more parking than is
required per code.
THE PUBLIC HEARING WAS OPENED.
Tariq Hasan, 7631 Woodwind Drive, applicant, stated that he concurred with staff s
recommendation.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
CONDITIONAL USE PERMIT NO.97-9 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 97-9:
1. Conditional Use Permit No. 97-9 for the establishment, maintenance and operation of a
security gate will not be detrimental to the general welfare of persons working or residing in
the vicinity or detrimental to the value of the property and improvements in the
neighborhood. The security gate will not impact access to the adjacent properties, and
several properties within the vicinity have erected similar security gates.
2. The conditional use permit will be compatible with surrounding uses because the security
gate will not reduce the required parking or impact access to the site. Furthermore, the
fencing will meet the minimum emergency requirements specified by the Fire Department.
3. The proposed security gate will comply with the provisions of the base district and other
applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision
Ordinance and any specific condition required for the proposed use in the district in which it
would be located.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Light Industrial (IL) on the subject
property. In addition, it is consistent with the following goals and policies of the General
Plan:
a. Ensure that existing buildings are maintained in a manner which is consistent with fire
safety (PF 2.3.1).
b. Require that new and recycled industrial structures and sites be designed to convey visual
interest and character and to be compatible with adjacent uses, considering the location of
site entries to minimize conflicts with adjacent residential neighborhoods. (LU 12.1.5)
ZA Minutes - 4/16/97 2 (97ZM0416)
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CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 97 9:
1. The site plan, floor plans and elevations received and dated February 3, 1997, shall be the
conceptually approved layout with the following modifications:
a. The revised plan shall include: 1) A sign permanently affixed to the gate 2) A permanent
sign on the front of the building, and 3) A written statement on the Certificate of
Occupancy; each must state "The gate will be locked in the open position any time the
building is occupied" (Note: Signs shall have a minimum letter height of 2'-6" with a
minimum 3/8" stroke).
2. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. (Code Requirement)
3. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of
all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing).
b. All Fire Department requirements shall be noted on the building plans. (FD)
4. Prior to issuance of building permits, the following shall be completed:
a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No.
1 for review and approval and inclusion in the entitlement file to the Department of
Community Development.
b. Submit gated entryway (access control devices) plans to the Department of Community
Development. The gated entryway shall comply with Fire Department Standard No. 403.
c. The plan shall be reviewed and approved by the Community Development, Fire and
Public Works Departments.
5. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Community Development Department.
6. 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.
ZA Minutes - 4/16/97 3 (97ZM0416)
7. The Community Development Director ensures that all conditions of approval herein are
complied with. The Community Development Director shall be notified in writing if any
changes to the site plan, elevations and floor plans are proposed as a result of the plan check
process. Building permits shall not be issued until the Community Development Director has
reviewed and approved the proposed changes for conformance with the intent of the Zoning
Administrator's action and the conditions herein. If the proposed changes are of a substantial
nature, an amendment to the original entitlement reviewed by the Zoning Administrator may
be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS•
1. Conditional Use Permit No. 97-9 shall not become effective until the ten day appeal period
has elapsed.
2. Conditional Use Permit No. 97-9 shall become null and void unless exercised within one
year of the date of final approval or such extension of time as may be granted by the
Director pursuant to a written request submitted to the Department of Community
Development a minimum 30 days prior to the expiration date.
3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 97-9,
pursuant to a public hearing for revocation, if any violation of these conditions or the
Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
4. The development shall comply with all applicable provisions of the Municipal Code,
Building Division, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
6. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice
of Exemption at the County of Orange Clerk's Office. The check shall be made out to
the County of Orange and submitted to the Department of Community Development
within two (2) days of the Zoning Administrator's action.
ZA Minutes - 4/16/97 4 (97ZM0416)
ITEM 2:_ CONDITIONAL USE PERMIT NO 97 5/COASTAL DEVELOPMENT
PERMIT NO.97-2 (ZADRO RESIDENCE)
APPLICANT/
PROPERTY OWNER: Brion Jeanette & Associates Inc., 470 Old Newport Blvd, Newport
Beach, CA 92663
REQUEST: To permit the demolition of an existing two (2) story home and
construction of a three (3) story, 5,349 square foot home with two (2)
cantilevered decks in rear, to a maximum height of 35 feet.
LOCATION: 16742 Wanderer Lane (east of Pacific Coast Highway and west of
Ladona
PROJECT PLANNER Kim Klopfenstein
Kim Klopfenstein, Staff Planner, displayed site plan, floor plan and photographs stating that this
was a request to permit the demolition of an existing two (2) story home and construction of a
three (3) story, 5,349 square foot home, to a maximum height of 35 feet at 16742 Wanderer
Lane. The proposal also includes two (2) cantilevered decks along the rear. The project site is
surrounded by multi -story homes and meets the code requirements for parking, open space and
setbacks. The proposed request does not impact public views or coastal access and is in
conformance with the General Plan and Coastal Element. The Huntington Harbour Property
Owners' Association Architectural Committee has submitted a letter slating they have reviewed
and approved the proposed plans.
Staff is recommending approval with the findings and conditions of approval as outlined in the
staff report.
Herb Fauland, Zoning Administartor questioned staff regarding the two (2) cantilevered decks in
the rear. He noted that cantilevered decks require Coastal Commission permits and are not under
the jurisdiction of the City. Staff indicated that the applicant will comply with the requirement.
THE PUBLIC HEARING WAS OPENED.
Brion Jeannette, 470 Old Newport Blvd., Newport Beach, applicant, stated that he concurred
with staff s report.
Jim Andrews, representing theHuntington Harbour Property Owners' Association Architectural
Committee, stated that the Committee has reviewed and approved the plans.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
CONDITIONAL USE PERMIT NO.97-5 AND COASTAL DEVELOPMENT PERMIT
NO.97-2 WERE 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.
ZA Minutes - 4/16/97 5 (97ZM0416)
INDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 97-5:
1. Conditional Use Permit No. 97-5 for the establishment, maintenance and operation of the a
new three story single family residence will not be detrimental to the general welfare of
persons working or residing in the vicinity or detrimental to the value of the property and
improvements in the neighborhood since the residential development is designed to integrate
with the existing neighborhood and the site is physically suitable for the type of development.
2. The three story single family residence will be compatible with surrounding uses because the
existing homes in the neighborhood are also multi -story. Furthermore, adequate parking and
landscaping will be provided on the site.
3. The proposed single family residence will comply with the provisions of the base district and
other applicable provisions in the Huntington Beach Local Coastal Program and any specific
condition required for the proposed use in the district in which it would be located. The
structure meets the minimum setbacks, provides sufficient on site parking and meets all other
aspects of the Code.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Low Density Residential (R1) on the
subject property. In addition, it is consistent with the following goals and policies of the
General Plan:
a. Achieve development that maintains or improves the City's viability and reflects
economic demands while maintaining the quality of life for current and future residents
of Huntington Beach (LU 1).
b. Accommodate the development of single and multi -family residential units in an area
designated by the Land Use Map as stipulated the Land Use and density Schedule
(LU 9.11).
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO 97 2•
1. The request to permit a new three-story single family residence conforms with the plans,
policies, requirements and standards of the Coastal Element of the General Plan. The
proposed single family residence will not impact public views or access.
2. Coastal Development Permit No. 97-2 is consistent with the CZ suffix zoning requirements,
the RI Zoning District, as well as other provisions of the Huntington Beach Local Coastal
Program applicable to the property. The proposed development will conform with all
applicable City codes.
3. At the time of occupancy, the new three-story single family residence will be provided with
infrastructure in a manner that is consistent with the Coastal Element of the General Plan.
All infrastructure currently exist to the site.
ZA Minutes - 4/16/97 6 (97ZM0416)
4. The proposed new single family residence conforms with the public access and public
recreation policies of Chapter 3 of the California Coastal Act.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 97 5/COA TAL
DEVELOPMENT PERMIT NO.97-2:
1. The site plan, floor plans, and elevations received and dated March 18, 1997, shall be the
conceptually approved layout with the following modifications
a. The third story floor plan shall be revised so that it does not exceed a maximum of 500
square feet in area including the deck and stairwell, or a second exit shall be required if
floor area exceeds 500 square feet.
b. Depict all utility apparatus, such as but not limited to back flow devices and Edison
transformers on the site plan. Utility meters shall be screened from view from public
rights -of -way. Electric transformers in a required front or street side yard shall be
enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the
front yard setback and shall be screened from view. (Code Requirement)
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of
all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing).
b. All Fire Department requirements shall be noted on the building plans. (FD).
c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location
of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities,
water heaters and central heating units.
3. Prior to issuance of grading permits, the following shall be completed:
a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval. (PW)
b. Blockwall/fencing plans shall be submitted to and approved by the Department of
Community Development. Double walls shall be prohibited. Prior to the construction of
any new walls, a plan must be submitted identifying the removal of any existing walls
next to the new walls, and shall include approval by property owners of adjacent
properties. The plans shall include section drawings, a site plan and elevations. The
plans shall identify materials, seep holes and drainage.
ZA Minutes - 4/16/97 7 (97ZM0416)
4. Prior to issuance of building permits, the following shall be completed:
a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No.
1 for review and approval and inclusion in the entitlement file to the Department of
Community Development.
b. A Landscape Construction Set must be submitted to the Department of Public Works and
approved by the Departments of Public Works and Community Development. The
Landscape Construction Set shall include a landscape plan prepared and signed by a State
Licensed Landscape Architect which identifies the location, type, size and quantity of all
existing plant materials to remain, existing plant materials to be removed and proposed
plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the
entitlement conditions of approval. (PW) (Code Requirement)
5. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp
enough to prevent dust raised when leaving the site:
b. Wet down areas in the late morning and after work is completed for the day;
c. Use low sulfur fuel (.05%) by weight for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days (first
stage smog alerts);
e. Discontinue construction during second stage smog alerts.
6. Prior to final building permit inspection and approval, the following shall be completed:
a. The applicant shall obtain the necessary permits from the South Coast Air Quality
Management District and submit a copy to Department of Community Development.
b: All improvements to the property shall be completed in accordance with the approved
plans and conditions of approval specified herein, including:
1) Address numbers will be installed to comply with City Specification No. 428. The
size of the numbers will be sized a minimum of six (6) inches with a brush stroke of
one and one-half (1-1/2) inches. (FD)
2) An automatic fire sprinkler system shall be approved and installed pursuant to Fire
Department regulations. (FD)
c. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Community Development Department.
ZA Minutes - 4/16/97
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d. 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.
e. The project will comply with all provisions of the Huntington Beach Fire Code and City
Specification Nos. 422 and 431 for the abandonment of oil wells and site restoration.
(FD)
f. The project will comply will all provisions of Huntington Beach Municipal Code Title
17.04.085 and City Specification No. 429 for new construction within the methane gas
overlay districts. (FD)
7. This Conditional Use Permit No. 97-5 an Coastal Permit No. 97-2, shall not become effective
until an "Acceptance of Conditions" form has been properly executed by the applicant and an
authorized representative of the owner of the property, recorded with County Recorder's
Office, and returned to the Planning Division.
8. The Community Development Director ensures that all conditions of approval herein are
complied with. The Community Development Director shall be notified in writing if any
changes to the site plan, elevations and floor plans are proposed as a result of the plan check
process. Building permits shall not be issued until the Community Development Director has
reviewed and approved the proposed changes for conformance with the intent of the Zoning
Administrator's action and the conditions herein. If the proposed changes are of a substantial
nature, an amendment to the original entitlement reviewed by the Zoning Administrator may
be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 97-5 and Coastal Development Permit No. 97-2 shall not
become effective until the ten day appeal period has elapsed.
2. Conditional Use Permit No. 97-5 and Coastal Development Permit No. 97-2 shall become
null and void unless exercised within one year of the date of final approval or such
extension of time as may be granted by the Director pursuant to a written request submitted
to the Department of Community Development a minimum 30 days prior to the expiration
date.
3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 97-5
and Coastal Development Permit 97-2 , pursuant to a public hearing for revocation, if any
violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance
or Municipal Code occurs.
4. All applicable Public Works fees shall be paid. (PW)
5. An encroachment permit shall be required for all work within the right-of-way. (PW)
ZA Minutes - 4/16/97 9 (97ZM0416)
6. State -mandated school impact fees shall be paid prior to issuance of building permits.
7. The development shall comply with all applicable provisions of the Municipal Code,
Building Division, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
9. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice
of Exemption at the County of Orange Clerk's Office. The check shall be made out to
the County of Orange and submitted to the Department of Community Development
within two (2) days of the Zoning Administrator's action.
ITEM 3: COASTAL DEVELOPMENT PERMIT NO 97-7 (SEIDNER RESIDENCE
APPLICANT: Maisons, c/o Anthony B. Thibert, 8192 Crown Court, Suite 600,
Westminster, CA 92683
PROPERTY OWNER: Murrey Seidner, 3331 Admiralty Drive, Huntington Beach, CA 92649
REQUEST: To permit the construction of a new 4,200 square foot, two (2) story
residence.
LOCATION: 3331 Admiralty (Admiralty Island).
PROJECT PLANNER: Wayne Carvalho
Wayne Carvalho, Staff Planner, displayed site plan stating that this is a request to permit the
construction of a new 4,200 square foot, two (2) story residence at 3331 Admiralty. The
proposed request meets all city code requirements. The Huntington Harbour Property Owners'
Association Architectural Committee has submitted a letter stating they have reviewed and
approved the proposed plans
Staff is recommeding approval with the findings and conditions of approval as outlined in the
staff report with the addition of a condition to require that prior to final building permit approval,
the existing water meter and service line to the street be abandoned and a new service be
constructed per the City of Huntington Beach Water Division Standard Plan No. 602.
THE PUBLIC HEARING WAS OPENED.
Jim Andrews, representing theHuntington Harbour Property Owners' Association Architectural
Committee, stated that the Committee has reviewed and approved the plans.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
ZA Minutes - 4/16/97 10 (97ZM0416)
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COASTAL DEVELOPMENT PERMIT NO.97-7 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 - COASTAL DEVELOPMENT PERMIT NO 97-7•
1. The request to permit the construction of a new two-story single family residence conforms
with the plans, policies, requirements and standards of the Coastal Element of the General
Plan. The proposed two story residence will not impact public views or access.
2. Coastal Development Permit No. 97-7 is consistent with the CZ suffix zoning requirements,
the RL Zoning District, as well as other applicable provisions in the Huntington Beach Local
Coastal Program applicable to the property. The proposed development will conform with
all applicable City codes.
3. At the time of occupancy, the proposed construction of a new existing two-story single
family residence will be provided with infrastructure in a manner that is consistent with the
Coastal Element of the General Plan. All infrastructure currently exist to the site.
4. The proposed construction of a new two story single family residence conforms with the
public access and public recreation policies of Chapter 3 of the California Coastal Act. No
public access or recreational opportunities will be affected by the new residence.
CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO, 97-7:
1. The site plan, floor plans, and elevations received and dated February 12, 1997, shall be the
conceptually approved layout.
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of
all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing).
b. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location
of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities,
water heaters and central heating units.
3. Prior to issuance of grading permits, the following shall be completed:
a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval. The plan shall include all of the
required off -site improvements. (PW)
ZA Minutes - 4/16/97
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b. Blockwall/fencing plans shall be submitted to and approved by the Department of
Community Development. Double walls shall be prohibited. Prior to the construction of
any new walls, a plan must be submitted identifying the removal of any existing walls
next to the new walls, and shall include approval by property owners of adjacent
properties. The plans shall include section drawings, a site plan and elevations. The
plans shall identify materials, seep holes and drainage.
4. Prior to issuance of building permits, a Landscape Construction Set shall be submitted to the
Department of Public Works and approved by the Departments of Public Works and
Community Development. The Landscape Construction Set shall include a landscape plan
prepared and signed by a State Licensed Landscape Architect which identifies the location,
type, size and quantity of all existing plant materials to remain, existing plant materials to be
removed and proposed plant materials; an irrigation plan; a grading plan; an approved site
plan and a copy of the entitlement conditions of approval. (PW)
5. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp
enough to prevent dust raised when leaving the site:
b. Wet down areas in the late morning and after work is completed for the day;
c. Use low sulfur fuel (.05%) by weight for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days (first
stage smog alerts);
e. Discontinue construction during second stage smog alerts.
6. Prior to final building permit approval, the existing water meter and service line to the street
shall be abandoned. A new service shall be constructed per the City of Huntington Beach
Water Division Standard Plan No. 602. -
7. If the new residence is larger than 5,000 square feet (including garage) an automatic fire
sprinkler system shall be approved and installed pursuant to Fire Department regulations.
(FD)
8. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable
material, shall be disposed of at an off -site facility equipped to handle them.
ZA Minutes - 4/16/97
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9. The Community Development Director ensures that all conditions of approval herein are
complied with. The Community Development Director shall be notified in writing if any
changes to the site plan, elevations and floor plans are proposed as a result of the plan check
process. Building permits shall not be issued until the Community Development Director has
reviewed and approved the proposed changes for conformance with the intent of the Zoning
Administrator's action and the conditions herein. If the proposed changes are of a substantial
nature, an amendment to the original entitlement reviewed by the Zoning Administrator may
be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS•
1. Coastal Development Permit No. 97-7 shall not become effective until the City's ten day
appeal period and Coastal Commission's ten day appeal period have elapsed.
2. Coastal Development Permit No. 97-7 shall become null and void unless exercised within
one year of the date of final approval or such extension of time as may be granted by the
Director pursuant to a written request submitted to the Department of Community
Development a minimum 30 days prior to the expiration date.
3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 97-
7, pursuant to a public hearing for revocation, if any violation of these conditions or the
Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
4. All applicable Public Works fees shall be paid. (PW )
5. An encroachment permit shall be required for all work within the right-of-way. (PW)
6. State -mandated school impact fees shall be paid prior to issuance of building permits.
7. The development shall comply with all applicable provisions of the Municipal Code,
Building Division, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
9. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice
of Exemption at the County of Orange Clerk's Office. The check shall be made out to
the County of Orange and submitted to the Department of Community Development
within two (2) days of the Zoning Administrator's action.
ZA Minutes - 4/16/97
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ITEM 4: SPECIAL SIGN PERMIT NO 97-4 (MONUMENT SIGN)
APPLICANT: Donco & Sons, Inc., PO Box 2103, Yorba Linda, CA 92686
PROPERTY OWNER: Winall Stations, 1338 E. 29th Street, Signal Hill, CA 90806
REQUEST: Install new 54 square foot, 11 foot high monument sign in lieu of a
maximum 50 square foot, seven (7) foot high sign.
LOCATION: 19472 Beach Boulevard (between Yorktown and Garfield).
PROJECT PLANNER: Peter Vanek
Peter Vanek, Staff Planner, displayed photographs stating that this is a request to install a new 54
square foot, 11 foot high monument sign in lieu of a maximum 50 square foot, seven (7) foot
high sign at 19472 Beach Boulevard. The proposed request is a result of traffic control boxes
obstructing the seven (7) foot high sign. The site is bordered by a commercial center to the east
and a vacant parcel to the north. The code limits signs of this height to 50 square feet and seven
(7) feet high. The comments received from PublicWorks include a recommendation to plant two
(2) queen palms in the planter where the sign is located and an additional tree in the planter at the
northwest corner of the site. The Design Review Board concurred with the recommendations of
Public Works and also requested that the address of the site be placed at the base of the sign.
Staff is recommending approval with the findings and conditions of approval as outlined in the
staff report and the inclusion of Public Works and Design Review Board recommendations.
Herb Fauland, Zoning Administrator, asked staff if there had been a recommendation on the size
of the address numbers to be placed at the base of the sign. Staff stated that there had been no
recommendation. Mr. Fauland stated that he would request the numbers be six (6) inches in
height.
THE PUBLIC HEARING WAS OPENED.
Greg Grover, 19472 Beach Boulevard, representing applicant, stated that he was in concurrence
with staff s recommendation.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
SPECIAL SIGN PERMIT NO.97-4 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.
ZA Minutes - 4/16/97 14 (97ZM0416)
FINDINGS FOR APPROVAL - SPECIAL IGN PERMIT NO 97 4-
1. Special Sign Permit No. 97-4 for a eleven foot high, 54 square foot free standing sign
identifying Shell Gasoline is compatible with the character of the area and is needed for
special circumstances defined by the applicant and approved by the Zoning Administrator.
The proposed sign will replace two existing signs thus reducing clutter and is needed at this
height to be visibly unobstructed by a traffic control box.
2. The proposed signage will not adversely affect other signs in the area. The sign is designed
with compatible materials and colors and is centrally located on the corner of the site and will
not impact other signs in the area.
3. The proposed signage will not be detrimental to properties located in the vicinity. The
location and design of the sign is compatible with other business identification signs in the
vicinity including the freestanding sign identifying the Mobil Service Station at the southwest
corner of Beach Boulevard and Yorktown Avenue.
4. The proposed signage will not obstruct vehicular or pedestrian traffic visibility and will not
be a hazardous distraction. The proposed sign will be designed and located behind the site
line of traffic and will meet the intent of the site angle visibility area.
CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO 97 4:
1. The site plan and site elevations received and dated February 3, 1997, as recommended by
the Design Review Board, shall be the approved layout with the following modifications:
a. The address of the site shall be placed on the monument base.
b. Two queen palms (minimum 13-14 foot trunk heights), or other trees as approved by the
Public Works Department shall be installed in the corner planter. If feasible, a palm tree
shall be installed in the planter at the northwest corner of the site.
2. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all
working drawing sets used for issuance of building permits.
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. Special Sign Permit 97-4 shall not become effective until the ten day appeal period has
elapsed.
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2. Special Sign Permit 97-4 shall become null and void unless exercised within one year of the
date offinal approval or such extension of time as may be granted by the Director pursuant
to a written request submitted to the Department of Community Development a minimum
30 days prior to the expiration date.
3. The Zoning Administrator reserves the right to revoke Special Sign Permit 97-4, pursuant
to a public hearing for revocation, if any violation of these conditions or the Huntington
Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
4. The development shall comply with all applicable provisions of the Municipal Code,
Building Division, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
ITEM 5: TEMPORARY USE PERMIT NO 97-7 (CIRCUS VAR AS.)
APPLICANT: Pat Rogers, Huntington Beach Mall, 7777 Edinger Avenue, #30,
Huntington Beach, CA 92647
PROPERTY OWNER: Macerich Huntington L.P., 7777 Edinger Avenue, #300, Huntington
Beach, CA 92647
REQUEST: To permit Circus Vargas in the Huntington Beach Mall parking lot
from May 15 through May 18, 1997, or for a four day period in the
month of July 1997.
LOCATION: 7777 Edinger Avenue (northwest parking lot, northwest of
Montgomery Ward building)
PROJECT PLANNER: Mary Beth Broeren
Mary Beth Broeren, Staff Planner, displayed site plan stating that this request is to permit Circus
Vargas in the Huntington Beach Mall parking lot from May 15 through May 18, 1997, or for a
four (4) day period in the month of July 1997 at 7777 Edinger Avenue. This is the fourth year
the Circus Vargas will be located at the Huntington Beach Mall. The operations proposed this
year are similar to those of the past years. They will have a main circus tent and numerous
animals. The City has not had any incidents with Circus Vargas in the past with their operation
in the mall and have no concerns regarding this request. Standard conditions are being proposed
to include fire and electrical permits, parking control and security guards.
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On March 17, 1997, six (6) individuals spoke at City Council meeting raising concerns about the
health of the animals. They stated that one (1) or two (2) of the Circus Vargas elephants had
been reported to have contracted Tuberculosis. Circus Vargas has included with their submittal
approximately 25 testimonials from various entities involved with the circus, testifying to the
benefits the circus brings to the community.
In light of the concerns that were raised at the City Council meeting, staff contacted the County
of Orange who has the responsibility of issuing animal permits. The County has explained that
they would normally go to the circus area prior to a performance and check the health of the
animals then issue appropriate permits. The County has provided a letter enumerating what their
policies are towards the health of the animals and making sure they are safe for the contact of
people. Staff stated that the County will be: 1) making an inspection of all animals used at the
circus; 2) obtaining current Interstate United States Department of Agriculture animal health
certificates that have been issued by an accredited veterinarian from the state of the animal's
origin; 3) obtaining sworn statements or certificates that any elephant used at the circus has not
come from a herd with a history of tuberculosis; 4) prohibiting the contact between the general
public and the elephants; 5) prohibiting contact between other hoofstock and the Circus Vargas
elephants; and 6) ordering the immediate removal from the circus any animal that exhibits any
indication of disease or illness. Said animal will be required to receive immediate veterinary
treatment, including a supervised quarantine if necessary. Staff stated that the health of the
animals and the permitting of them is not the jurisdiction of the City, but rather of the County.
Staff is recommending a new condition of approval this year that would require the use to obtain
all County health certificates pursuant to the County's regulations and is recommending a finding
for approval that this would not be detrimental to the general welfare of person, because they
would have to obtain such health certificates.
Staff noted that the request was originally noticed for May 15-18. There is concern about the
outcome of this hearing and possible appeals, however, Circus Vargas has also selected a time
period of July 28-30.
No corresponce has been received regarding this request, other than the six (6) speakers at the
City Council meeting. Staff is recommending approval based on the findings and conditions of
approval as outlined in the staff report.
Herb Fauland, Zoning Administrator, asked staff if all land use issues have been addressed to
staff s satisfaction. Staff stated that they had.
THE PUBLIC HEARING WAS OPENED.
Pat Rogers, 7777 Edinger Avenue, #300, applicant, stated that they concurred with staffs
recommendation.
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Rolanda Kaiser, 2674 Main Street, representing Circus Vargas, addressed the concerns and
allegations of the activist groups. She stated that the allegations that Circus Vargas knew the
elephants were sick is untrue. The circus was unaware of the Tuberculosis until one (1) elephant
died and an autopsy was performed. Ms. Kaiser stated that no feature acts have prior or pending
violations with the United States Department of Agriculture. The circus is working in
conjunction with the Orange County Health Department Animal Control to receive the proper
permits.
Steve Kendall, PO Box 13028, Pittsburgh, representing the Animal Husbandry Society, stated
that Circus Vargas does not pose a threat to the public involving contact between the public and
the elephants. Mr. Kendall spoke in support of the request.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Herb Fauland, Zoning Administrator, stated that his decision will only be based on the land use
issues brought up before him as part of the temporary use permit. Staff has covered those issues
and included conditions that will ensure the County Health Department's involvement, therefore,
he will approve the request as submitted.
TEMPORARY USE PERMIT NO.97-7 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 - TEMPORARY USE PERMIT NO 97 7•
1. Temporary Use Permit No. 97-7 for the establishment, maintenance and operation of Circus
Vargas, for four (4) days in May or three (3) days in July, 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. The County of
Orange Health Care Agency will monitor the use, and all required health certificates shall be
obtained by Circus Vargas pursuant to State and County regulations.
2. The granting of Temporary Use Permit No. 97-7 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.
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.
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CONDITIONS OF APPROVAL - TEMPORARY USE PERMIT NO 97 7
1. The site plan, floor plans, and elevations received and dated March 24, 1997, shall be the
conceptually approved layout.
2. The use shall comply with the following:
a. County of Orange Health Care Agency rules and regulations shall be implemented by
Circus Vargas, incuding approval of all required County Health Certificates.
b. 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.
c. 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.
d. 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.
e. 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)
f. Fire access lanes shall be a minimum width of 24 feet and shall be maintained around
tent. (FD)
g. Fourteen (14), 2A/10 BC fire extinguishers shall be provided in locations specified by the
Fire Department. (FD)
h. Exit ways and signs shall comply with Article 32 of the Huntington Beach Fire Code.
(FD)
i. Temporary use of extension cords shall comply with the Electrical Code.
j. No smoking shall be permitted in the tent. (FD)
k. 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)
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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.
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•
1. Temporary Use Permit No. 97-7 shall not become effective until the ten day appeal period
has elapsed.
2. Temporary Use Permit No. 97-7 shall become null and void unless exercised within one
year of the date of final approval or such extension of time as may be granted by the
Director pursuant to a written request submitted to the Department of Community
Development a minimum 30 days prior to the expiration date.
3. The development shall comply with all applicable provisions of the Huntington Beach
Zoning and Subdivision Ordinance, Building Division, and Fire Department.
4. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and
standards.
The Zoning Administrator reserves the right to revoke Temporary Use Permit No. 97-7 if any
violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance
occurs.
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NON PUBLIC HEARING ITEMS
ITEM 6: LOT LINE ADJUSTMENT NO 97-2•
APPLICANT/
PROPERTY OWNER: Lennar Homes of California, 27432 Calle Arroyo, San Juan
Capistrano, CA 92675
REQUEST: To adjust lot line between residential Lot No. 31 and common open
space Lot B of Tract 15036.
LOCATION: 19176 Foxglen Drive (southwest corner of Peninsula Lane and
Garfield Street).
PROJECT PLANNER: Mary Beth Broeren
Mary Beth Broeren, Staff Planner, stated that this was a request to adjust the lot line between
residential Lot No. 31 and common open space Lot B of Tract 15036 at 19176 Foxglen Drive.
The proposed adjustment has been requested because of a need to minimize conflict between the
encroachment of the landscape area into private property.
Staff is recommending approval of the request with the findings and conditions of approval as
outlined in the staff report.
LOT LINE ADJUSTMENT NO.97-2WAS 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 LOT LINE ADJUSTMENT NO 97 2•
1. The granting of Lot Line Adjustment No. 97-2 to adjust the lot line between Lot 31 and Lot
B of Tract 15036 will not create any additional parcels or building sites. The adjustment will
increase the size of Lot B and decrease Lot 31.
2. The resulting parcels from the lot line adjustment will conform to Titles 20-24 of the
Huntington Beach Zoning and Subdivision Ordinance because Lot 31 will meet the minimum
size requirements; there are no minimums for Lot B.
3. The lot line adjustment will not sever any existing structure on either of the two parcels.
There are no existing structures that will be affected. The monument wall in Lot B is not on
the property line.
4. The lot line adjustment will not allow a greater number of dwelling units than allowed prior
to the adjustment. Only one unit will be allowed on Lot 31 and no units are allowed on Lot
B.
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5. A plat map showing the lot line adjustment has been prepared and approved and will be filed
in accord with the provisions of Section 253.24.
CONDITIONS OF APPROVAL - LOT LINE ADJUSTMENT NO 97-2:
1. The lot line adjustment received March 11, 1997, shall be the conceptually approved layout.
2. All previous condition of approval for Tentative Tract No. 14700, Conditional Use Permit
No. 96-49 and Entitlement Plan Amendment No. 96-4 shall remain in effect.
INFORMATION ON SPECIFIC CODE REQUIREMENTS•
1. Lot Line Adjustment No. 97-2 shall not become effective until the ten day appeal period has
elapsed.
2. Lot Line Adjustment No. 97-2 shall become null and void unless exercised within one year
of the date of final approval or such extension of time as may be granted by the Director
pursuant to a written request submitted to the Department of Community Development a
minimum 30 days prior to the expiration date.
3. The Zoning Administrator reserves the right to revoke Lot Line Adjustment No. 97-2,
pursuant to a public hearing for revocation, if any violation of these conditions or the
Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
4. The development shall comply with all applicable provisions of the Municipal Code,
Building Division, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
5. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice
of Exemption at the County of Orange Clerk's Office. The check shall be made out to
the County of Orange, and submitted to the Department of Community Development
within two (2) days of the Zoning Administrator's action.
THE MEETING WAS ADJOURNED AT 2:05 PM BY THE ZONING
ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE
ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 23,1997,1997 AT 1:30 PM.
Herb Fauland
Zoning Administrator
:kjl
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