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HomeMy WebLinkAbout2002-09-040 0 0 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-S - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, SEPTEMBER 4, 2002 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Paul Da Veiga, Robin Lugar (recording secretary) MINUTES: August 14 and 28, 2002 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: TEMPORARY USE PERMIT NO. 02-01 (ANNUAL SAINTS SIMON AND DUDE CHURCH FESTIVAL) APPLICANT: John Cardullo, 20444 Magnolia Street, Huntington Beach, CA 92646 PROPERTY OWNER: Roman Catholic Bishop of Orange, 20444 Magnolia Street, Huntington Beach, CA 92646 REQUEST: To operate a three-day church festival annually on October 4-6, 2002; October 3-5, 2003, October 1-3, 2004; September 30—October 2, 2005; and September 29—October 1, 2006 (Friday 5:00 pm-11:00 pm; Saturday 12:00 pm-11:00 pm; Sunday 12:00 pm-9:00 pm). The event includes live entertainment, food and alcohol sales, crafts, games, and carnival rides. LOCATION: 20444 Magnolia Street (northeast of the intersection of Magnolia Street and Indianapolis Avenue) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans as well as photographs of the surrounding uses. Staff presented a review of the proposed project and recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. No written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, confirmed with staff that no complaints were received by either Code Enforcement or the Police Department during the project's past events. THE PUBLIC HEARING WAS OPENED. • Ramon Rachman, 9152 Browning Drive, neighboring property owner, spoke in opposition to the proposed project emphasizing past problems created by noise during the daytime and nighttime hours, increased parking on the public street, strangers in the neighborhood, and noise from the refrigeration trucks. Mr. Rachman questioned the increased potential for liability to the surrounding private property owners and the ability to control the consumption of alcoholic beverages. He questioned why more barricades could not be put into place and suggested moving the activities closer to Indianapolis Street. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren addressed Mr. Rachman's concerns and engaged in detailed discussions with the applicant concerning Conditions no. Lc and 3 J. Further discussion ensued with the applicant as to why the activities could not be placed closer to Indianapolis Street. Ms. Broeren stated that she was going to approve the request with the following modified conditions of approval: Condition No. l.c: A sound curtain shall be installed behind the live -entertainment tent. The curtain shall carry the maximum noise attenuation rating possible. • Condition No. 3.i: Refrigeration trucks shall be placed as far as possible from residential property and shall be equipped with noise muffling equipment. TEMPORARY USE PERMIT NO.02-01 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR'DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because use is temporary and will have no permanent effect on the environment. FINDINGS FOR APPROVAL - TEMPORARY USE PERMIT NO. 02-01: 1. Approval of the application to operate a three-day church festival annually on October 4-6, 2002; is October 3-5, 2003, October 1-3, 2004; September 30—October 2, 2005; and September 29— October 1, 2006 (Friday 5:00 pm-11:00 pm; Saturday 12:00 pm-11:00 pm; Sunday 12:00 pm— ZA Mimics 09/04/02 2 (02zm0904) 9:00 pm) will not be detrimental to property or improvements in the surrounding area or to the ® public health, safety or general welfare. The event has been held in past years without adversely impacting the surrounding area. The applicant will provide adequate traffic control, security measures, and clean-up crews to mitigate potential impacts to 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 Chapter 241, including the following General Plan policy: N 1.8.1: Require that entertainment and restaurant/bar uses take appropriate steps to control the activities of their patrons on -site, as well as within a reasonable and legally justified distance or proximity, to minimize potential noise -related impacts on adjacent residential neighborhoods. Temporary Use Permit No. 02-01 includes conditions of approval regulating the location of event facilities on site, the hours of general operation and entertainment; and requires provision of on - site uniformed police officers, to ensure noise and other potential impacts are minimized. CONDITIONS OF APPROVAL — TEMPORARY USE PERMIT NO. 02-01: 1. The site plan, floor plans and elevations received and dated June 26, 2002 shall be the conceptually approved layout: a. Rides shall be located in the westerly -most portion of the grass area, subject to review and approval by the Departments of Planning, Building & Safety and Fire. b. Barricades shall be placed along the north side of the property to create a minimum seventy- five foot buffer adjacent to the residential properties. c. A sound curtain shall be installed behind the live -entertainment tent. The curtain shall carry the maximum noise attenuation rating possible. d. Hours of operation shall be consistent with the applicant's request: OPEN RIDES CLOSE CLOSE FOOD/BEVERAGES/GAMES Fri. 5:00 PM 10:00 PM 11:00 PM Sat. 12:00 PM 10:00 PM 11:00 PM Sun. 12:00 PM 8:00 PM 9:00 PM 2. Prior to commencement of the use: a. Prior to operation of 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 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 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 site plan and circulation plan. (FD) ZA Minutes 09/04/02 3 (02zm0904) d. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) e. The applicant shall obtain all required building and electrical permits from the Building & Safety Department. f. The Police Department and Department of Alcoholic Beverage Control shall be notified a minimum of six weeks prior to each event. (PD) g. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. h. Temporary signs for direction of traffic and on -site parking shall be provided by the applicant. The content, number and location of said signs shall be in accordance with the recommendation of the Police Department Traffic Division. (PD) i. An on -site parking plan, showing access to and number of parking spaces, shall be submitted for review and approval by the City Traffic Engineer and Police Department Traffic Division. (PD) j. An announcement shall be made to parishioners at services prior to the event, requesting that they refrain from parking on neighborhood streets. The use shall comply with the following: a. 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 retardant and an approved certification document shall be provided. (FD) b. 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) c. All Department of Alcoholic Beverage Control requirements shall be observed. d. Beer/wine sales and consumption shall be limited to a designated area, cordoned -off and controlled by event staff. e. Temporary event -related signs may be displayed on approved event dates. f. Identifiable staff shall be provided throughout the entire event to direct pedestrian and vehicular traffic into and out of the site, and at on -street parking areas (Magnolia and Indianapolis). g. Uniformed Police Officers, in a number determined by the Chief of Police, shall be provided on site during hours of operation. Associated costs shall be borne by the applicant. h. Disassembly of stands, equipment, apparatus and rides shall be prohibited after 10:00 P.M. i. The use of amplifiers, public address systems, live and recorded music shall be discontinued no later than 10:00 P.M. each evening. j. Refrigeration trucks shall be placed as far as possible from residential property and shall be equipped with noise muffling equipment. k. The applicant shall provide for clean-up of the areas after the closing of the event. The use of machinery or other equipment with the potential to disturb nearby residents'shall be prohibited ZA Minutes 09/04/02 4 (02=0904) after 10:00 P.M. All trash, debris, garbage, and special event -serving dumpsters shall be ® removed from the site within two days of the last day of each annual event. 1. 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. • in. The festival activity may be terminated by any Police Officer, Fire Inspector or other City authorized personnel for violations of the conditions of approval contained herein. n. Only the uses described in the narrative shall be permitted. 4. Requests for subsequent festival shall be made no later than sixty (60) days prior to the event, and shall be subject to 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 modified conditions of approval. The Zoning Administrator may approve, conditionally approve or deny such requests. 5. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan are proposed as a result of the plan check process. 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 Huntington Beach Zoning and Subdivision Ordinance. 6. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REOUIREMENTS: Temporary Use Permit No. 02-01 shall not become effective until the ten calendar day appeal period has elapsed. 2. Temporary Use Permit No. 02-01 shall become null and void unless exercised within one year of the date of final approval which is September 4, 2002, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Temporary Use Permit No. 02-01, 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 use 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. ZA Minutes 09/04/02 . 5 (02zm0904) 5. The applicant shall submit a check in the amount of $43.00 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 Planning Department within two (2) days of the Zoning Administrator's action. 6. An encroachment permit shall be required for all work within the right-of-way. (PW) THE MEETING WAS ADJOURNED AT 1:20 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, SEPTEMBER 11, 2002 AT 1:30 PM. Ma\y Beth Broeren Zoning Administrator rmk • ZA Minutes 09/04/02 6 (02zm0904)