HomeMy WebLinkAbout1997-05-14MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Cente
2000 Main Street
Huntington Beach California
WEDNESDAY, MAY 14,1997 - 1:30 P.M.
ZONING ADMINISTRATOR: Herb Fauland
STAFF MEMBER: Peter Vanek, Mary Beth Broeren, Kim Langel (recording
secretary)
MINUTES: None
ORAL COMMUNICATION: None
ITEM 1: ENTITLEMENT PLAN AMENDMENT NO. 97-10 (SUNDY RESIDENCE)
APPLICANT/
PROPERTY OWNER: Marty Sundy, 410-7th Street, Huntington Beach, CA 92648
REQUEST: To amend Conditional Use Permit No. 96-54 to include a third story
dwelling area of 389 square feet on an approved two (2) story single
family dwelling.
LOCATION: 410-7th Street(northeast comer of Orange Avenue and 7th Street).
PROJECT PLANNER: Peter Vanek
Peter Vanek, Staff Planner, displayed site plan and photographs stating the request is to amend
Conditional Use Permit No. 96-54 to include a third story dwelling area of 389 square feet to a
previously approved two (2) story single family dwelling with a third story deck. The project is
located at 410 Seventh Street in the RMH-A zoning district. The project site has existing
detached three story single family residential homes on either side of the existing one story single
family residence. The proposed floor area will be within the maximum allowed floor area ratio
of 1.0 and the previously approved maximum net site coverage of 55%. Peter noted that there is
sufficient parking provided on -site to accommodate the additional bedroom and the third story is
in accordance with the height requirements of the district. Finally, he noted that because of the
floor area for the third floor, the Building Division has recommended that two exits be required
from the third story.
Staff is recommending approval with the findings and conditions of approval as outlined in the
staff report.
Herb Fauland, Zoning Administrator asked staff if issues regarding site coverage have been
resolved. Staff stated that they had. Mr. Fauland asked staff if any comments or calls had been
received from the surrounding neighbors. Staff stated that a few neighbors had requested to see
the plans. They had voiced concerns that the third story area would be used as an illegal second
unit (apartment). Staff explained that the orientation of the plans did not lend itself to utilization
of that area for the purpose of an illegal second unit.
THE PUBLIC HEARING WAS OPENED.
Marty Sundy, 410-7th Street, applicant, stated that he was in concurrence with staff s
recommendation.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
RE' QUEST AND THE PUBLIC HEARING WAS CLOSED.
ENTITLEMENT PLAN AMENDMENT NO. 97-10 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 - ENTITLEMENT PLAN AMENDMENT NO. 97-10:
1 . Entitlement Plan Amendment No. 97-10 to allow a three story addition above the second
floor top plate 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 addition is located at the rear of an existing structure constructed in 1920
and considered as historically significant to the City of Huntington Beach. The third story
affords additional living space for the residents.
2. The entitlement plan amendment will be compatible with surrounding uses because third
story additions exist on adjacent properties (412 7th St., 414 7th St., 416 7th St.) and the
addition is located in the rear half of the lot.
3. The proposed third story addition above the second floor top plate 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, except as granted by Variance
No. 96-22.
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4. The granting of the entitlement plan amendment will not adversely affect the General Plan. It
is consistent with the Land Use Element designation of Residential Medium Density on the
subject property. In addition, it is consistent with the following goals and policies of the
General Plan:
LU 9.1.2 Require that single-family residential units be designed to convey a high
level of quality and character considering the following guidelines:
a. Modulate and articulate building elevations, facades, and masses
(avoiding undifferentiated "box -like" structures).
b. Avoid building materials, colors, and construction elements that visually
dominate their setting and contrast significantly with the character of their
neighborhood.
c. Encourage innovative and creative design concepts.
LU 9.2 Provide for the preservation of existing residential neighborhoods.
CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO. 97-10:
1. The site plan, floor plans, and elevations received and dated March 11, 1997 shall be the
conceptually approved layout with the following modification:
a. A second exit shall be provided from the third story addition in accordance with the
requirements of the 1994 Uniform Building Code.
2. Prior to submittal for building permits, the 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).
3. Prior to issuance of building permits, a copy of the revised site plan, floor plans and
elevations shall be submitted pursuant to Condition No. 1 for review and approval and
inclusion in the entitlement file to the Department of Community Development.
4. All other conditions of Conditional Use Permit No. 96-54Nariance 96-22 shall remain in
effect.
5. 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.
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INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Entitlement Plan Amendment No. 97-10 shall not become effective until the ten day appeal
period has elapsed.
2. Entitlement Plan Amendment No. 97-10 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.
The Zoning Administrator reserves the right to revoke Entitlement Plan Amendment No.
97-10, 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 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 Counly of Orange and submitted to the Department of Community Development
within two (2) days of the Zoning Administrator's action.
ITEM 2: RECONSIDERATION OF ZONING ADMINISTRATOR'S APPROVAL OF
TEMPORARY USE PERMIT NO. 97-7 (CIRCUS VAR
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 July 28 through July 30, 1997.
LOCATION: 7777 Edinger Avenue (northwest parking lot, northwest of
Montgomery Ward building)
PROJECT PLANNER: Mary Beth Broeren
Mary Beth Broeren, Staff Planner, stated that this is a reconsideration of the approved request for
Circus Vargas, heard at the April 16, 1997, Zoning Administrator meeting. The request was
approved on April 16, 1997, with several conditions addressing potential land use impacts and
also public health concerns which are regulated by the County Health Agency, the agency with
oversight on public health issues. At that meeting there was no public testimony against the
Circus. After the April 16, 1997 hearing, several people who spoke at the City Council meeting,
but did not attend the Zoning Administrator meeting, called and talked with City staff. These
individuals had been given verbal notice of the Zoning Administrator meeting but not written
notice. The Zoning Administrator agreed to reconsider the request to allow public speakers from
the City Council meeting in March 1997 to be given written notice of the Zoning Administrator
meeting and the opportunity to give public testimony. There is no change to the proposed
operation of the circus, however, given the time elements involved they are requesting the July
28-30 dates. All other aspects of the request will remain the same.
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The Circus is proposing their standard tent with no animal rides or games of chance. Their
current inventory of animals includes ponies, dogs, goats, elephant, white tigers, homed sheep,
emu, and camel. The Circus has operated in Huntington Beach for the past four (4) years in the
northeast parking lot on Center Avenue. In past years they operated the circus with certain
requirements such as security personal and signage directing traffic and have not received any
complaints. Other conditions required of the circus include compliance with all fire regulations
regarding flammability of the tent, accessways and signage, and compliance with all electrical
permits. Staff has corresponded with the County regarding this event and has received a letter
specifying what the County would be requiring which includes:
An inspection of all animals used at the circus will be conducted by the Chief of Veterinary
Services, Veterinary Public Health Orange County Health Care Agency. That agency would
obtain current interstate US Department of Agricultural Animal health certificates that have
been signed by an accredited veterinarian.
The agency would provide swom statements or certificates that the elephants used at the
circus do not have Tuberculoses.
The agency would prohibit the contact between general public and the elephants including
elephant riding or a petting zoo.
The agency would prohibit the contact between other livestock and elephants.
The agency will immediately remove from the circus any animal that exhibits signs of
Tuberculoses.
Staff stated that the health of the animals and the oversight for them is the responsibility of the
County. The County has identified all the steps that are in their power to ensure public health
and do the best to ensure that there are not any animals that might be dangerous to the public
health.
Since the meeting and since the decision to reconsider, staff has sent correspondence to ten (10)
individuals explaining the Zoning Administrator's previous action and the County's
responsibilities. Staff had received correspondence from Carol Wessman, articles regarding the
training of circus elephants and a citizen's inquiry letter to the Mayor from Bretta Wilson
opposed to the training of animals in a circus. Staff also received a facsimile from Jane Garrison
requesting, in addition to the terms recommended by the County, that we consider the following:
Tuberculosis testing of all circus employees;
No pony rides be allowed;
That the Liability Insurance Coverage be one (1) million dollars; and
Signs be posted relative to the health hazards of Tuberculoses.
Staff has received one phone call from Ms. Maureen Scrubersole in opposition to the request.
Based upon the information received and reviewed, staff feels that the land use issues are
adequately addressed by the conditions of approval. Staff feels that the circus has operated
without incident for a number of years and based upon the County's assurances to the City, staff
continues to recommend approval.
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Staff addressed some issues from Ms. Garrison: 1) Liability insurance coverage of one (1)
million dollars. - The City's requirement for liability insurance is $10,000 and the City's Risk
Management Department feels this is adequate; 2) Pony rides. - The County had indicated that
they are prohibiting a petting zoo, elephant riding and contact with humans; and 3) Tuberculosis
testing and the posting of signs is not a land use related concern. - It is a health concern, and staff
feels this should be addressed by the County Health Agency.
THE PUBLIC HEARING WAS OPENED.
Jane Garrison, 2201 Cheyenne Way, stated concern regarding animals in the circus and the
current Tuberculosis epidemic among the elephants in the United States. She stated that
Tuberculosis is transmissible airborne from elephants to humans. Skin tests with elephants are
unreliable and that according to five (5) experts she contacted it is impossible to determine if an
elephant came from a herd that has been infected with Tuberculosis. Ms. Garrison stated that
there are clear health implications to the elephants, the handlers and the general public. She
urged denial of the request.
Anita Carswell, 1004 Adams Avenue, spoke in opposition to the request concerned with
treatment of animals. She stated that Tuberculosis testing should be conducted on all employees
as well as the elephants. The circus has a reputation for bad treatment of their animals.
Evelynn Anna, spoke in opposition to the request stating that animals should not be in a circus.
She stated concern regarding the health and well being of the animals and general public.
Jerry Freidman, showed a video and stated that she is opposed to the request as the animals
become dangerous if they are handled badly.
Don Rose, 7777 Edinger Avenue, stated that the issues before the Zoning Administrator were
land use issues not health issues, and it would be out of his jurisdiction to consider health issues.
He stated that this is the third year he has dealt with the circus at the Huntington Center and has
never seen any abuse of the animals.
Maureen Shafman, showed video stating that there is not a place in civilization for circuses with
animals. She is opposed to any animals performing in a circus.
Marie St. Germain, 505 Alabama Street, opposed to the circus using animals.
Rolanda Kaiser, 243 7 Grand Avenue, # 15 9, Ventura, representing Circus Vargas, stated that in
accordance with Orange County Health Department's requirements the there will be no elephants
in close proximity to the other animals. They will be allowed a petting zoo without elephants.
They will undergo standard inspections and they conform to all legal requirements.
Linda Robinson, member Elephant Management Association, stated that she has worked with
Circus Vargas and does not feel that the animals are being mistreated.
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Jerry Hein, 6551 Warner Avenue, #6, stated that the Orange County Health Agency had
previously gave a clean bill of health to elephants and two (2) of those died of Tuberculosis. He
stated that Circus Vargas cannot guarantee the safety of the public.
Barbara Keith, stated that besides animal abuse and sick elephants the circus environment is
trashy and the people involved white trash, and she does not want the circus in her community.
She is opposed to the request.
Steven Kendall, PO Box 13028, Pittsburgh, PA, representing the Animal Husbandry Society,
stated that a protocol has now been set by the USDA for testing Tuberculosis in elephants. The
circus elephants have been tested for Tuberculosis and approved by the USDA and State of
California Fish and Wildlife Department.
Alexis Schreiner, 1232 Brockton Avenue, LA, employee of Circus Vargas, stated that she does
not consider herself white trash as referred by a previous speaker. She stated that the circus does
not mistreat their animals and is a charitable organization.
Christine Lester, 618 Geneva, spoke in opposition to the request.
Patricia Yellich, spoke in opposition to the circuses using animals and feels they are being
mistreated.
Linda Covie, spoke in opposition to the request. She is opposed to animals being used in the
circus and feels they are being mistreated.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
]REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Herb Faulatid, Zoning Administrator, stated that as Zoning Administrator his job was to look at
zoning and land use impacts and rely on staff to condition the request so that land use impacts
will be minimal. He also stated that he is confident the County Health Care Agency will be
responsible in following the guidelines necessary to assure the animals' and human's well being.
Mr. Fauland stated that from a land use standpoint he sees no concerns or harms caused by the
circus in past years. He also stated that he would incorporate additional conditions to ensure the
Circus adheres to the requirements set forth in the County Health Care Agency letter dated April
4, 1997. Mr. Fauland stated that he will require copies of all certificates that the County Health
Care Agency request of the Circus be put on file in the entitlement application so that the city has
assurance that the use has complied with the conditions, of approval and all other applicable
requirements.
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.
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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.
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, including approval of all required County Health Certificates and the
items listed below:
1) Obtain a Temporary Animal Exhibition Permit.
2) An inspection of all animals used at the circus will be conducted by the Chief of
Veterinary Services, Veterinary Public Health, Orange County Health Care Agency.
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3) OCAC will obtain 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.
4) OCAC will obtain sworn statements or certificates that any elephant used at the circus
has not come from a herd with a history of tuberculosis.
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5) OCAC will prohibit the contact between'the general public and the elephants, e.g.
elephant riding, petting zoo.
6) OCAC will prohibit contact between other hoofstock and the Circus Vargas
elephants.
7) OCAC will order 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.
b. The applicant shall submit copies of approved County Health Certificates to the
Community Development Department for inclusion in the entitlement file.
c. 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.
d. 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.
e. 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.
f. 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)
g. Fire access lanes shall be a minimum width of 24 feet and shall be maintained around
tent. (FD)
h. Fourteen (14), 2A/10 BC fire extinguishers shall be provided in locations specified by the
Fire Department. (FD)
Exit ways and signs shall comply with Article 32 of the Huntington Beach Fire Code.
(FD)
j. Temporary use of extension cords shall comply with the Electrical Code.
1. No smoking shall be permitted in the tent. (FD)
Iin. All parking shall be a minimum of 60 feet from the tent.
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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.
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.
5. 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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THE MEETING WAS ADJOURNED AT 2:35 PM BY THE ZONING
ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE
ZONING AD INISTRATOR ON WEDNESDAY, MAY 21,1997 AT 1:30 PM.
Herb Falilan
Zoning Administrator
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