HomeMy WebLinkAbout1997-09-24I
MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, SEPTEMBER 24,1997 -1:30 P.M.
ZONING ADMINISTRATOR: Herb Fauland
STAFF MEMBER: Peter Vanek, Kim Klopfenstein, Joseph Thomspon, Kim
Langel (recording secretary)
MINUTES: None
ORAL COMMUNICATION: None
ITEM 1: VARIANCE NO.97-11/COASTAL DEVELOPMENT PERMIT NO.97-23
(PIERWALK II) (CONTINUED FROM THE SEPTEMBER 17,1997 MEETING)
APPLICANT/
PROPERTY OWNER: Timothy Roberts, TNR Homes, 5200 Warner Avenue, Suite 207,
Huntington Beach, CA 92649
REQUEST: To construct 26 homes which exceed the maximum site coverage
of 50 percent by approximately five (5) percent.
LOCATION: 614-638 Main Street and 613-637 Lake Street (south of Palm
Avenue between Main and Lake Streets)
PROJECT PLANNER: Peter Vanek
Peter Vanek, Staff Planner, displayed site plan stating the request is to construct 26 homes which
exceed the maximum site coverage of 50 percent by approximately five (5) percent at 614-638
Main Street and 613-637 Lake Street. Staff stated the request was continued from the September
17, 1997 meeting at the request of the applicant. The variance is requested for covered porches
which have been conditioned to remain open and will not increase the dwelling area. The
]Design Review Board reviewed and approved the request with conditions which have been
incorporated into the staff s recommended conditions of approval.
Staff is recommending approval of the request because the length and narrowness of the property
create a special circumstance. The covered porches will allow the property owner to have a
shaded area and improve the aesthetics of the site. A condition has been added to place a
covenant on the property that prohibits the enclosure or side wall addition to the porch. Staff has
not received any comments written or oral from the public regarding this request.
THE PUBLIC HEARING WAS OPENED.
Tim Roberts, 130 McCormic, Costa Mesa, applicant, stated he concurred with staff s report and
recommendation.
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 after careful consideration he found no special
circumstances that would justify the granting of a variance. Mr. Fauland indicated that homes all
over the downtown and surrounding area have been built on lots of similar width and depth
without the need for a variance. He also stated that if approved, it would set a precedent for the
area. He stated he would be denying the request with the findings that it would grant a special
privilege to the applicant, set a precedent in the area and no special circumstances were apparent.
He did note that the design of the homes with a front porch in the downtown area adds to the
pedestrian feel of Main Street and carries out policies of the General Plan. However, he
concluded that the homes could be developed within the requirements of the code and the
findings for the variance, as recommended by staff, cannot be substantiated.
VARIANCE NO.97-11 AND COASTAL DEVELOPMENT PERMIT NO.97-23 WERE
DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS
FOR DENIAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING
ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION
WITHIN TEN (10) CALENDAR DAYS.
FINDINGS FOR DENIAL - VARIANCE NO.97-11:
The granting of Variance No. 97-11 to allow 55 percent net site coverage in lieu of code
required 50 percent net site coverage would constitute a grant of special privilege
inconsistent with limitations upon other properties in the vicinity and under an identical zone
classification. The granting of a net site coverage variance for single family development
would set a precedent in the District (DTSP No. 6) in which is proposed and would grant a
special privilege. Variances to exceed 50 percent net site coverage have not been granted for
any proposed single family dwellings within District No. 6 of the Downtown Specific Plan.
2. Due to the lack of special circumstances on the subject property, including size, topography,
location or surroundings, the strict application of the zoning ordinance will not deprive the
subject property of privileges enjoyed by other properties in the vicinity and under identical
zone classification. The 26 lots have been subdivided in their current configuration for a
number of years, have no topographical constraints, and are similar in size (25' lot width &
115' lot depth) and configuration (with alley access) to the majority of the lots in the
immediate area and under identical zone classification and configuration. The 26 lots do not
have any unique topographical features or lot configuration constraints which would restrict
the development of 26 single family residential homes from complying with the standards
setforth.
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3. The granting of a variance is not necessary to preserve the enjoyment of one or more
substantial property rights. The subject properties can comply with the standards setforth for
single family residential development and enjoyment of property rights for development
within the Downtown Specific Plan District No. Six. The project can comply with the
minimum setbacks, building height, open space, parking, site coverage, and other standards
that permit single family residential development in the immediate area.
4. The granting of the variance would be materially detrimental to the public welfare or
injurious to property in the same zone classification. The net site coverage variance would
be detrimental to the public welfare because the development exceeds the site coverage for
single family residential development in the zone classification which it is proposed. The net
site coverage variance has not been off -set with additional open space on second and third
floor balconies and/or decks as has been allowed under similar zoning requirements, lot
configurations, and in the immediate area. The previous ordinance code allowed
development to exceed the maximum 50 percent site coverage if the percentage over site
coverage is offset by additional open space on the second and third floors. The additional
above ground open space offsets the mass and bulk of the building footprint.
5. The granting of the variance would adversely affect the General Plan and it is not consistent
with the following General Plan policy:
Land Use Element
L U 9.2.1: Require that all new residential development within existing residential
neighborhoods (i.e, infill) be compatible with existing structures, including the use of
building heights, grade elevations, orientation, and bulk that are compatible with the
surrounding development.
The increased net lot coverage would decrease the potential for open space and would not be
compatible with the surrounding single family residential developments due to the lack of
any single family dwellings with a net lot coverage in excess of 50 percent within District
No. 6 of the Downtown Specific Plan
]FINDINGS FOR DENIAL - COASTAL DEVELOPMENT PERMIT NO.97-23
1. Coastal Development Permit No. 97-23 for the development project as proposed does not
conform with the General Plan, including the Local Coastal Program. The proposed variance
to exceed net site coverage does not conform with the provisions of the Downtown Specific
Plan No. 6 which is included in the Local Coastal Program.
2. The project is not consistent with the requirements of the CZ Overlay District, the base
zoning district, as well as other applicable provisions of the Municipal Code. The proposed
variance to exceed net site coverage does not conform with the provisions of the base zone
(DTSP No. 6) in which it is proposed.
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ITEM 2: CONDITIONAL USE PERMIT NO.97-62/COASTAL DEVELOPMENT
PERMIT NO.97-24 (HASEGAWA WALL) (CONTINUED FROM THE SEPTEMBER
17,1998 MEETING)
APPLICANT/
PROPERTY OWNER: Arthur & Jennie Hasegawa, 16901 Westport Drive, Huntington
Beach, CA 92649
REQUEST: To allow an 11 foot high combination retainingiblock wall within
the side and rear yard setback, at the toe of the slope adjacent to
the sidewalk.
LOCATION: 16901 Westport Drive (south of Davenport Drive)
PROJECT PLANNER: Kim Klopfenstein
Kim Klopfenstein, Staff Planner, displayed vicinity map stating the request is to allow an 11 foot
high combination retainingiblock wall within the side and rear yard setback, at the toe of the
slope adjacent to the sidewalk at 16901 Westport Drive and Davenport Lane. Staff stated the
request was continued'from the September 17, 1998 meeting to allow staff time to work with the,
applicant on redesigning the project. Staff stated that they had also researched the records and
had found no tract variances applying to this property.
Staff has received one (1) letter in support since the last meeting from an adjacent neighbor and
is recommending approval of the modified request with the findings and conditions as outlined in
the staff report.
THE PUBLIC HEARING WAS OPENED.
Art Hasegawa, 16901 Westport Drive, applicant, submitted photographs of fences constructed in
1996 of what he thought to be of a similar nature that received over the counter permits. He
urged the Zoning Administrator to approve the request.
Jennie Hasegawa, 16901 Westport Drive, applicant, stated main reason for the request is to get
the maximum square footage for the back yard.
Jerry Urner,3962 Humboldt Drive, Huntington Harbour Homeowners Association Architectural
Review Committee, stated that he would like to see design guidelines developed for the area as a
whole before various walls are approved and constructed possibly creating a hodge podge effect.
He felt the design proposed by the Hasegawa's could be amended to address their concerns
regarding height, setbacks, and materials.
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 he would prefer to see a maximum nine (9) foot
high wall in lieu of the requested 11 foot high, provide setbacks, and incorporate upgraded colors
and materials. The applicant stated that he was amenable to that if the wall did not have to be
straight up and down. Mr. Fauland stated he wished to see the plans prior to approval and would
continue the request to allow the applicant to work with staff and the Huntington Harbour
Homeowners Association to come up with a mutually acceptable plan.
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CONDITIONAL USE PERMIT NO.97-62 AND COASTAL DEVELOPMENT PERMIT
NO.97-24 WERE CONTINUED BY THE ZONING ADMINISTRATOR TO THE
OCTOBER S,1998 MEETING.
ITEM 3: VARIANCE NO.97-21 (TRAN ROOM ADDITION)
APPLICANT:
Ralph James, Westcoast Custom Rooms, 786 Pinefalls Avenue,
Walnut, CA 91789
PROPERTY OWNER:
Su Tran, 8361 Lomond Drive, Huntington Beach, CA 92646
REQUEST:
To allow a patio enclosure in the exterior side yard with a reduced
setback of three (3) feet, six (6) inches in lieu of a minimum eight
(8) feet.
LOCATION:
8361 Lomond Drive (south of Donacaster and west of Newland)
PROJECT PLANNER:
Kim Klopfenstein
Kim Klopfenstein, Staff Planner, displayed site plan and photographs stating the request is to
allow a patio enclosure in the exterior side yard with a reduced setback of three (3) feet, six (6)
inches in lieu of a minimum eight (8) feet at 8361 Lomond Drive. Staff stated that the patio is
proposed to be 130 square feet. The patio enclosure will be architecturally compatible with the
existing home and does not abut any other residence. The enclosure will be screened by a fence.
Staff has not received any comments for the public regarding this request and recommends
approval with the findings and conditions as outlined in the staff report.
Herb Fauland, Zoning Administrator, asked staff if the Building Department had any comments.
Staff stated that they had not.
THE PUBLIC HEARING WAS OPENED.
Evonne Morton, 786 Pine Falls Avenue, Walnut, applicant, stated that she concurs with staffs
report and recommendation.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
]REQUEST AND THE PUBLIC HEARING WAS CLOSED.
VARIANCE NO.97-21 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 - VARIANCE NO.97-21:
1. The granting of Variance No. 97-21 for a patio enclosure in the street side yard with a
reduced setback of 3'-6" in lieu of 8'-0" will not constitute a grant of special privilege
inconsistent with limitations upon other properties in the vicinity and under an identical zone
classification. Variances for reduced setbacks have been granted throughout the City for
similarly zoned properties.
ZA Minutes — 9/24/97 5 (97ZM0924)
2. Because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges enjoyed by other properties in the vicinity and
under identical zone classification. Due to the small size of the lot, 4,800 square feet in
comparison with the minimum lot size of 6,000 square feet required for the zoning district,
there is difficulty in expanding the residence without adding an additional floor thereby
increasing the height of the structure, or further encroaching into the required setbacks or
open space for the property.
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. The granting of the variance will not be materially detrimental to the public
welfare or injurious to property in the same zone classification. The property is developed
with a single story home and a detached garage, and there is limited area to expand the home
without further encroaching into required setback areas that are closer to other residences.
The variance request would allow the property owner to enclose an existing patio, thereby
allowing the property owner to increase the habitable area of the home.
4. The granting of the variance will not be materially detrimental to the public welfare or
injurious to property in the same zone classification. The patio enclosure will be
architecturally compatible with the existing home and since it is located on an exterior side
yard, it would not abut any other residences or create any adverse impacts to aesthetics or
setbacks. Furthermore, the patio enclosure will not impact the views or privacy of the
surrounding properties within the neighborhood since it will be screened by an existing 6'-0"
high wood fence.
5. The granting of the variance will not adversely affect the General Plan. It is consistent with
the Land Use Element designation of Low Density Residential on the subject property
because the patio enclosure will not alter the existing use of the open space for the site.
CONDITIONS OF APPROVAL - VARIANCE NO.97-21:
1. The site plan, floor plans, and elevations received and dated July 15, 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).
3. Prior to final inspection 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.
L,
ZA Minutes — 9/24/97 6 (97ZM0924)
4. 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. Variance No. 97-21 shall not become effective until the ten day appeal period has elapsed.
2. Variance No. 97-21 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 Variance No. 97-21, 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.
ITEM 4: TEMPORARY USE PERMIT NO.97-17 (ST. BONAVENTURE FESTIVAL)
APPLICANT: Norm Azara, St. Bonaventure Church, 16400 Springdale Street,
Huntington Beach, 92649
PROPERTY OWNER: Roman Catholic Diocese of Orange County,
REQUEST: To permit a parish festival on the following dates: October 10, 11
& 12, 1997; October 9, 10 & 11, 1998; October 8, 9 & 10, 1999;
October 6, 7 & 8, 2000; and October 5, 6 & 7, 2001. Event will
include live entertainment, food and alcohol sales, crafts, games
and carnival rides.
LOCATION: 16400 Springdale Street (east side of Springdale, north of Heil)
PROJECT PLANNER: Joe Thompson
ZA Minutes — 9/24/97 7 (97ZM0924)
Joe Thompson, Staff Planner, displayed site plan stating the request is to permit a parish festival
on the following dates: October 10, 11 & 12, 1997; October 9, 10 & 11, 1998; October 8, 9 &
10, 1999; October 6, 7 & 8, 2000; and October S, 6 & 7, 2001. The event will include live
entertainment, food and alcohol sales, crafts, games and carnival rides at 16400 Springdale
Street.
Staff stated that the use of amplifiers, speakers, musical instruments and recorded music will be
discontinued by 9:00 PM and will be directed away from residential areas. Alcoholic beverages
will be served in a confined, roofed off area and must comply with Alcoholic Beverage Control
requirements. Staff has received several calls from adjacent residents concerned with event
goers parking on the adjacent residential streets. Staff indicated that they have incorporated a
condition of approval that requires the applicant to submit an on -site parking plan and provide
unmanned barricades on the adjacent streets.
Staff is recommending approval of the proposed request with findings and conditions as outlined
in the staff report.
THE PUBLIC HEARING WAS OPENED.
Linda Garafolo, 16400 Springdale, representing applicant, stated that they concur with staff s
report and recommendation.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
TEMPORARY USE PERMIT NO.97-17 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.97-17:
1. The establishment, maintenance, and operation of the annual three (3) day Parish Festival
will not be detrimental to:
a. The general welfare of persons residing or working in the vicinity. With the conditions
imposed, parking, circulation, and noise impacts will be minimal.
b. Property or improvements in the surrounding area or to the public health, safety or
general welfare. The use is temporary and will not negatively impact surrounding
development.
2. The proposed temporary use will be located, operated and maintained in a manner consistent
with the policies of the General Plan and the provisions of the Huntington Beach'Zoning and
Subdivision Ordinance.
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CONDITIONS OF APPROVAL - TEMPORARY USE PERMIT NO.97-17:
1. The site plan, floor plans, and elevations received and dated August 25, 1997 shall be the
conceptually approved layout.
2. Hours of operation and entertainment shall comply with the following:
OPEN RIDES CLOSE CLOSE
Friday 12:00 PM 10:00 PM 10:30 PM
Saturday 10:00 AM 10:00 PM 10:30 PM
Sunday 1:00 PM 9:00 PM 10:30 PM
3. The use shall comply with the following:
a. Prior to operation of any equipment used in conjunction with the amusement within a one
(1) year period, stating that the rides meet all requirements of the State Industrial Safety
Division.
b. The applicant shall obtain clearance from the Public Liability Claims Coordinator,
Administrative Services Department, and/or shall provide a Certificate of Insurance and
Hold Harmless Agreement to be executed at least five (5) days prior to the event.
c. The applicant shall obtain all necessary Fire Department permits and comply with all
provisions of Article 32 of the Uniform Fire Code. Application for Fire Department
permits shall include a layout and circulation plan and shall be approved by the Fire
Department. (FD)
d. All canopies or tents in excess of 400 square feet shall comply with the Huntington
Beach Fire Code Article 32. Tent materials must be flame retarding, and an approved
certification document is required. (FD)
e. The applicant shall request a Code Enforcement Section inspection of the site for
compliance with conditions of approval prior to 10:00 AM on opening day.
f. Fire extinguishers shall be provided in number and locations specified by the Fire
Department. (FD)
g. 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)
h. Should any electrical devices be involved, necessary permits shall be obtained from the
Building Department prior to the event. (FD)
i. All Alcoholic Beverage Control requirements shall be met.
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j. Beer and wine consumption shall be limited to a specified area which shall be roped off
and controlled by church personnel.
k. The Huntington Beach Police Department shall be notified 24 hours prior to the event.
(PD)
1. This action will include necessary permits for temporary signs.
in. In a number to be determined by the Police Chief, uniformed officers and church security
shall be provided on -site during the hours operation. Cost of this shall be borne by the
applicant. The police contract shall include a one-half hour period before and after the
duty time for briefing and travel. (PD)
n. Breakdown of stands, equipment, apparatus and rides shall be prohibited after 10:00 PM.
o. Use of amplifiers, speakers, musical instruments and playing of recorded music are to be
discontinued as of 9:00 PM each evening. Speakers shall not be directed towards any
housing area.
p. If a refrigeration truck is provided, it shall be placed as far away from residential property
as possible to minimize noise.
q. All other machinery, except the refrigeration truck shall be turned off between the
hours of 9:30 PM and 8:00 AM.
r. The applicant shall provide for clean-up of the areas after the closing of the event. Clean-
up of the site after 10:00 PM shall not include the use of any machinery or equipment that
may disturb the residents in the area. All trash, debris, and garbage, well as special
dumpsters, shall be removed from the site within two (2) days of closing of the event.
The applicant will provide professional clean-up crews to clear the adjacent streets of
trash and debris each evening after the festival closes and shall be discontinued after
11:00 PM.
4. Traffic, parking, and circulation shall comply with the following conditions:
a. Appropriate signs (temporary) for the direction of traffic and on -site parking shall be
provided by the applicant. Said signs, locations and content to be recommended by the
Traffic Division of the Police Department. (PD)
b. Identifiable staff or personnel member(s) shall be on -site throughout the entire event to
direct traffic into and out of site. Traffic staff shall prevail upon those utilizing street
parking to cross at intersections.
c. An on -site parking plan will be submitted showing access to and number of spaces. Plan
to be approved by Traffic Engineer and Traffic Division of Police Department. (PD)
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d. An announcement shall be made to parishioners requesting that they refrain from parking
on neighborhood streets.
e. Unmanned barricades shall be placed at the intersections of Brassie Circle and
Springdale, Springdale and Orlando Drive, and Heil and Bradbury, Angler and Orlando,
and Bradbury and Orlando. Barricades shall be twelve (12) feet in length, have reflectors
and have lighting equipment that is automatically activated at dusk.
f. Unmanned barricades shall be checked periodically by church security personnel and
shall be manned if they are not effective in their intended use. The police shall have the
discretion whether the barricades shall be manned or unmanned based on complaints by
the area residents.
g. The applicant shall provide church personnel to patrol street parking areas (Magnolia and
Indianapolis) to prevail upon those utilizing street parking to cross streets at the
intersection.
h. The applicant shall provide direction of traffic and on -site parking. Signs, location and
content will be recommended by the traffic division of the Police Department.
i. Vehicular access off of Orlando Dr. and Bradbury Ln. shall be secured and not used for
access or egress to the site except for emergency purposes.
j. All vehicular access and egress to the Church will be via the driveway on the north side
of the Church off Springdale.
k. Vehicular parking will be prohibited on the driveway leading to Orlando Dr. so that -the
emergency access will not be impeded.
1. Temporary barricades will be installed along Bradbury to restrict street access to the
Festival grounds.
m. Parking lots will be monitored by the Church personnel. When parking lots become full,
a "Lot Full" sign will be placed at the entrance to the parking lots.
5. In the event that there are any violations of the foregoing conditions or any violations of life
safety codes, the festival activity will be terminated by any Police Officer, Fire Inspector or
authorized personnel of the Department of Community Development.
6. Requests for subsequent festivals shall be made no later than sixty (60) days prior to the
event, with review and public hearing by the Zoning Administrator. The Zoning
Administrator shall review and evaluate past events for compliance with all conditions of
approval and determine the need for new or modification of conditions of approval. The
Zoning Administrator may approve, conditionally approve or deny such requests.
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INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Temporary Use Permit No. 97-17 shall not become effective until the ten day appeal period
has elapsed.
2. Temporary Use Permit No. 97-17 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 Temporary Use Permit No. 97-17,
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 event 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.
ITEM 5: TEMPORARY USE PERMIT NO.97-18 (SAINTS SIMON AND JUDE
FESTIVAL)
APPLICANT: Saints Simon and Jude Church, 20444 Magnolia Street, Huntington
Beach, 92646
PROPERTY OWNER: Roman Catholic Diocese of Orange County
REQUEST: To permit a parish festival on the following dates: October 3, 4 &
5, 1997; October 2, 3 & 4, 1998; October 1, 2 & 3, 1999;
September 29 & 30 and October 1, 2000; and October 5, 6, 7,
2001. Event will include live entertainment, food and alcohol
sales, crafts, games and carnival rides.
LOCATION: 20444 Magnolia Street (east side of Magnolia, north of
Indianapolis)
PROJECT PLANNER: Joseph Thompson
Joseph Thompson, Staff Planner, displayed site plan stating the request is to permit a parish
festival on the following dates: October 3, 4 & 5, 1997; October 2, 3 & 4, 1998; October 1, 2 &
3, 1999; September 29 & 30 and October 1, 2000; and October 5, 6, 7, 2001. The event will
include live entertainment, food and alcohol sales, crafts, games and carnival rides at 20444
Magnolia Street. Staff stated that the alcoholic beverages would be sold in a confined area.
ZA Minutes — 9/24/97 12 (97ZM0924)
Staff has received correspondence and calls from adjacent residents concerned with excessive
noise and alcohol sales. Staff has incorporated conditions of approval to mitigate any noise
concerns and stated that no complaints have been received regarding the operation of this event
in previous years. Staff is recommending approval with findings and conditions as outlined in
the staff report.
THE PUBLIC HEARING WAS OPENED.
Joe Capriotti, 20444 Magnolia Street, representing applicant, stated that all alcohol sales are
monitored by the police and security guards in a confined area. He stated that they concurred
with staff s report and recommendation.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
TEMPORARY USE PERMIT NO.97-18 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.97-18:
1. The establishment, maintenance, and operation of the annual three (3) day Parish Festival
will not be detrimental to:
a. The general welfare of persons residing or working in the vicinity. With the conditions
imposed, parking, circulation, and noise impacts will be minimal.
b. Property or improvements in the surrounding area or to the public health, safety or
general welfare. The use is temporary and will not negatively impact the surrounding
area.
2. The proposed temporary use will be located, operated and maintained in a manner consistent
with the policies of the General Plan and the provisions of the Huntington Beach Zoning and
Subdivision Ordinance.
iCONDITIONS OF APPROVAL - TEMPORARY USE PERMIT NO.97-18:
1. The site plan, floor plans, and elevations received and dated August 25, 1997 shall be the
conceptually approved layout.
a. Rides shall be located in the most westerly location of the grass area site, subject to
review and approval of the Fire and Community Development Departments.
b. Barricades shall be placed along the north side of the property to create a minimum
seventy-five (75) foot buffer adjacent to the residential properties.
c. The sound curtain shall be installed per the site plan.
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2. Hours of operation and entertainment shall comply with the following:
OPEN RIDES CLOSE EVENT CLOSES
Friday 5:00 PM 10:00 PM 11:00 PM
Saturday 10:00 AM 10:00 PM 11:00 PM
Sunday 11:00 AM 9:00 PM 10:00 PM
3. The use shall comply wI hI the 'following:
a. Prior to operatioe6f any equipment used in conjunction with the amusement rides, the
City shall be in receipt of State Certification and permits showing inspection within a one
(1) year period, stating that the rides meet all requirements of the State Industrial Safety
Division.
b. The applicant shall obtain clearance from the Public Liability Claims Coordinator,
Administrative Services Department, and/or shall provide a Certificate of insurance and
Hold Harmless Agreement to be executed at least five (5) days prior to the event.
c. The applicant shall obtain all necessary Fire Department permits and comply with all
provisions of Article 32 of the Uniform Fire Code. Application for Fire Department
permits shall include a layout and circulation plan shall be approved by the Fire
Department. (FD) `.
d. All canopies or tents in excess of 400 square feet shall comply with the Huntington
Beach Fire Code Article 32. Tent materials must be flame retarding, and an approved
certification document is required. (FD)
e. Fire extinguishers shall be provided in number and locations specified by the Fire
Department. (FD)
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: Should any electrical devices be involved, necessary permits shall be obtained from the
Building Department prior to the event.
h. All Alcoholic Beverage Control requirements shall be met.
i. Beer and wine consumption shall be limited to a specified area which shall be roped off
and controlled by church personnel.
j. The Huntington Beach Police Department shall be notified 24 hours prior to the event.
(PD)
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k. This action will include necessary permits for temporary signs.
1. Appropriate signs (temporary) for the direction of traffic and on -site parking shall be
provided by the applicant. Said signs, locations and content to be as recommended by the
Traffic Division of the Police, Department. (PD)
in. Identifiable staff or personnel member(§) shall be on -site throughout the entire event to
direct traffic into and out of site. Traffic staff shall prevail upon those utilizing street
parking to cross at intersections.
n. An on -site parking plan will be submitted showing access to and number of spaces. Plan
to be approved by Traffic Engineer and Traffic Division of Police Department. (PD)
o. An announcement shall be made to parishioners requesting that they refrain from parking
on neighborhood streets.
p. In a number to be determined by the Police Chief, uniformed officers shall be provided
on -site during the hours operation. Cost of this shall be borne by the applicant. (PD)
q. Breakdown of stands, equipment, apparatus and rides shall be prohibited after 10:00 PM.
r. Use of amplifiers, speakers, musical instruments and playing of recorded musicare to be
discontinued as of 10:00 PM each evening. Speakers shall not be directed towards any
housing area.
s. If a refrigeration truck is provided, it shall be placed as far away from residential property
as possible to minimize noise.
t. The applicant shall provide for clean-up of the areas after the closing of the event. Clean-
up of the site after 10:00 PM shall not include the use of any machinery or equipment that
may disturb the residents in the area. All trash, debris, and garbage, well as special
dumpsters, shall be removed from the site within two (2) days of closing of the event.
u. The applicant shall provide professional clean-up crews to clear the adjacent streets of
trash and debris. The clean-up shall not commence prior to 7:00 AM each morning.
v. In the event that there are any violations of the foregoing conditions or any violations of
life safety codes, the festival activity will be terminated by any Police Officer, Fire
Inspector or authorized personnel of the Department of Community Development.
w. The applicant shall provide church personnel to patrol street parking areas (Magnolia and
Indianapolis) to prevail upon those utilizing street parking to cross streets at the
intersection.
4. Requests for subsequent festivals shall be made no later than sixty (60) days prior to the
event, with review and public hearing by the Zoning Administrator. The Zoning
Administrator shall review and evaluate past events for compliance with all conditions of
approval and determine the need for new or modification of conditions of approval. The
Zoning Administrator may approve, conditionally approve or deny such requests.
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INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Temporary Use Permit No. 97-18 shall not become effgctive until,the.ten day,3appeal period
has elapsed.
2. Temporary Use Permit No.: 97-18 shall within one
year of the date of final approvW..or such extenAdn'�ait}t i i s ?�y',be:granted by the '
3�
Director pursuant to a written request subtniit t,6,4�0;cpar mgnt of Community
Development'a minimum 30 :�xpirat
days priox_to tliion.date.
. :, _
3. The Zoning Administrator reserves the right to'revoke Temporary Use Permit No. 97-18,
pursuant.to a pubiie hearing.j-16i.rey6cation, if any violation of these conditions or the
Huntington Beach Zoning.arrd.$itlirlMsion Ordinance or Municipal Code occurs.
4. The event shall cpmply 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 2:30 PM BY THE ZONING
ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE
;;. ZONING ADMINISTRATOR ON WEDNESDAY, OCTOBER 1,1997 AT 1:30 PM.
. A•
Herb Fauland
Zoning Administrator
:kJ1
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