PLANNING COMMISSION STAFF REPORT
TO: Planning Commission
FROM: Jennifer Villasenor, Director of Community Development
BY: Marco Cuevas Jr., Associate Planner
SUBJECT:
title
APPEAL OF THE ZONING ADMINISTRATOR’S APPROVAL OF CONDITIONAL USE PERMIT NO. 24-026 (TIEMPO SECURITY FENCE) - CONTINUED FROM THE FEBRUARY 11, 2025 MEETING
REQUEST:
To permit the construction of a 6 ft. tall open slat wrought iron security fence within the 10 ft. front setback in lieu of the maximum height of 42 inches. This request also includes a reduced vehicle stacking distance of 7 feet, 2 ½ inches in lieu of a minimum of 20 feet, and to allow the proposed fence within portions of the required 10 ft. visibility triangles located at the front entry and the rear alley exit.
LOCATION:
625 and 627 Main Street, 92648 (near the intersection of Main St., 7th St., and Palm Ave.)
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APPELLANT:
City Council Member Don Kennedy
APPLICANT:
David L. Bailey, 23183 La Cadena Drive, 101, Laguna Hills, CA 92653
PROPERTY
OWNER:
Whitaker, Steven L & Whitaker, Aimee, 16105 Challis St, Fountain Valley, CA 92708-1430
At the February 11, 2025, meeting, the Commission voted to continue the item to the March 25, 2025, meeting at the applicant’s request.
In considering this request, the Planning Commission may either uphold the Zoning Administrator decision (with or without modifications) or take an alternative action.
ZONING ADMINISTRATOR ACTION:
recommendation
A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3; and
B) Approve Conditional Use Permit No. 24-026 with suggested findings and conditions of approval (Attachment No. 1)
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ALTERNATIVE ACTION(S):
A) Do not make the suggested findings, which will result in a mandatory denial per Section 241.10(C) of the Huntington Beach Zoning and Subdivision Ordinance; or
B) Continue Conditional Use Permit No. 24-026 and direct staff accordingly.
PROJECT PROPOSAL:
The project includes the following request:
Conditional Use Permit (CUP) No. 24-026 - To permit the construction of a 6 ft. tall open slat wrought iron security fence within the 10 ft. front setback in lieu of the maximum height of 42 inches. This request also includes a reduced vehicle stacking distance of 7 feet, 2 ½ inches in lieu of a minimum of 20 feet, and to allow the proposed fence within portions of the required 10 ft. visibility triangles located at the front entry and the rear alley exit (Attachment No. 2).
Background:
The subject property is a triangular shaped property located in the downtown area with a CG (Commercial General) General Plan and zoning classification and consists of two parcels with an approximately 4,542 sq. ft. building occupying the north portion of the property and a corresponding parking lot situated towards the south portion of the property. This property is unique due to its shape and commercial designation and is surrounded by streets and residential uses. The property previously operated as a mortuary for several years, followed by a place of worship and is presently operating as a business/escrow office. Due to a history of security issues and the change in use of the property, a 6 ft. tall wrought iron fence is being sought by the property owners to secure the property.
Zoning Administrator Action:
The project was presented at the November 20, 2024, Zoning Administrator hearing, and three residents neighboring the subject property identified multiple concerns with the design and setback in addition to compatibility concerns with the surrounding neighborhood. Prior to the hearing, staff did not receive any calls or comment letters on this item expressing opposition to the overall project. The applicant, David Bailey, and the property owner, Steven Whitaker, were also present and answered questions regarding the project. The applicant explained that the fence was needed to further secure the commercial property considering the new use and significant investment the new property owners have made to improve the subject property. Additionally, the fence was designed to integrate around the existing parking lot to maintain drive aisle widths and retain the amount of existing parking in conformance with City standards. Following discussion between staff, the applicant, and neighboring property owners, the Zoning Administrator approved the project with modified findings and conditions of approval (Attachment No. 3).
Appeal:
On November 22, 2024, the Zoning Administrator’s approval was appealed by City Council Member Don Kennedy, citing the following reasons: The project is in direct contrast to the residential zoning designation recently granted to the 600 block of Main Street and lacks any compatibility with adjacent residential homes on historic Main Street (Attachment No. 5).
Regarding the compatibility with adjacent residences and recent residential designation, the subject commercial property along with the adjacent southerly residential properties have shared the same CG (Commercial General) zoning designation for several years. The aforementioned adjacent residential properties have since been rezoned as RMH-A (Residential Medium High Density (Small Lot Subdistrict)) as part of a General Plan consistency clean up in late 2024. However, the subject property was not part of this clean up thus maintaining its CG zoning designation consistent with the General Plan and existing onsite commercial use. Although the two abutting zoning designations are now distinct from each other, the maximum height of 42 inches for walls/fences within the front setback is similar in both zones. The CG zone has a minimum 10 ft. front setback while RMH-A requires 12 feet. However, the zoning code does allow for deviations from the maximum height requirement for walls/fences subject to approval of a Conditional Use Permit by the Zoning Administrator and the City has approved similar fence height requests for residential properties in the past.
The typical development pattern observed for fences and walls along the immediate neighborhood residences are a mix of white picket fences utilizing different materials and solid block walls built up to 42 inches in height located along the front property line. While the height of the proposed wrought iron fence is six feet, it will be setback six feet from the front property line in lieu of the minimum 10 feet, and located 10 feet from the back of sidewalk. The fence and gates will blend with the character of the surrounding area, which displays a variation of fence materials and styles along street frontages. In addition, the fence will incorporate an open slat design which allows for visibility through the fence, thus avoiding a fortress-like or towering appearance. Additionally, the proposed fence is conditioned to incorporate landscaping along Main Street which will also assist with softening the appearance of the fence. The fence is similar in height to other residential properties with conditional use permits exceeding the fence height within the front setback.
It should be noted that although the immediate neighborhood has some individual properties that are recognized as historic due to their age and condition (including odd numbered properties on the 600 block of Main Street among others), the neighborhood as a whole is not officially designated as a historic district; therefore, additional aesthetic design standards are not applicable to the project nor would the proposed fence affect the historic significance of existing historic properties.
There was also a concern raised from some residents that involve the amount of community input and oversight. The proposed project is subject to Section 230.88-A(7) of the Huntington Beach Zoning and Subdivision Ordinance, which requires Conditional Use Permit approval by the Zoning Administrator for deviations from the maximum height requirement for walls/fences. It met the standard notification requirement of at least 10 days before the hearing date. Legal public notification for this project was published in the Huntington Beach Wave on November 7, 2024, and notices were sent to property owners of record and tenants within a 500 ft. radius of the subject property, individuals/organizations requesting notification, and all interested parties. Up until the date of the meeting on November 20, 2024, no comments, questions or concerns were raised concerning the project or the scope of work involved.
ISSUES AND ANALYSIS:
Subject Property and Surrounding General Plan Designations, Zoning and Land Uses:
|
LOCATION |
GENERAL PLAN |
ZONING |
LAND USE |
|
Subject Property: |
CG (Commercial General) |
CG (Commercial General) |
Commercial |
|
North of the Subject Property (across Palm Avenue) |
RMH (Residential Medium High Density) |
RMH (Residential Medium High Density) |
Residential |
|
West of the Subject Property (across 7th Street) |
RMH |
RMH-A (Residential Medium High Density - Small Lot Subdistrict) |
Residential |
|
East of the Subject Property (Across Main Street) |
RH-sp (Residential High Density - Specific Plan Overlay) |
SP5-CZ (Downtown Specific Plan - Coastal Zone Overlay) |
Residential |
|
South of the Subject Property |
RMH |
RMH-A |
Residential |
General Plan Conformance:
The proposed project is consistent with the Land Use Element designation of CG (Commercial General) on the subject property and with the following goals and policy of the General Plan and the City Council’s adopted Strategic Plan and Economic Development Strategy:
Land Use Element
Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goal and needs of the community.
Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses.
Strategic Plan for Economic Development
Goal: Retain and Grow Local Businesses
The proposed project is consistent with the requirements of the base zoning district with approval of a CUP that matches the height of similar fences and walls on properties with street frontages in the neighborhood and it consists of an open slat wrought iron design, which creates an attractive appearance. The visual character of the neighborhood will not be negatively impacted because the fence facing Main Street will be set back six feet from the front property line and landscaping, as conditioned, will be enhanced and maintained in front of the fence, softening its appearance. The proposed rear fence and gate, abutting the alley, will be constructed along the rear property line. Since the wrought iron fence is of a thin, slat design and driveway gates will be open during business hours, visibility in and around the site will be maintained thereby minimizing any visual obstructions. In addition, the proposed project is consistent with the City Council’s Strategic Plan and Economic Development Strategy to support the local business. Approval of the fence would allow them to secure their property, where they have significantly invested and upgraded the existing building and parking lot.
Zoning Compliance:
The proposed construction of a 6 ft. tall open slat wrought iron security fence within the 10 ft. front setback in lieu of the maximum height of 42 inches, a reduced vehicle stacking distance of 7 feet, 2 ½ inches in lieu of a minimum of 20 feet, and encroachment within portions of the required 10 ft. visibility triangles located at the front entry and rear alley exit 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. Although the fence exceeds the maximum height allowed within the front yard setback, the proposed height will not pose a safety or traffic hazard as the subject fence/gate is located around the parking lot. The open slat design allows visibility through the lot and mitigates line-of-sight obstruction concerns. Since the driveway gates (front entrance and rear exit) will remain open during regular business hours, as proposed by the applicant and required by a suggested condition of approval, vehicle stacking is not anticipated to impact street traffic and circulation. The parking lot is also designed to operate utilizing a one-way circulation pattern to further minimize visibility concerns. Vehicles will enter the site (on the east side) from Main Street and exit through the alley (on the west side). The Public Works Department reviewed this project and have no concerns with the location of the gate/fences in consideration of the width of Main Street, the driveway turning radius, proposed site circulation and operations. Adequate parking, backup distances, and access will be provided onsite.
The visual character of the neighborhood will not be negatively impacted because landscaping will be provided to enhance the appearance of the fence along the street frontage. The thin, open wrought iron design matches the recent improvements to the building onsite and other fences in the vicinity. The existing 10 ft. wide planter will be maintained and landscaping will be enhanced, as conditioned, to soften the appearance of the fence and create an attractive streetscape.
The proposed project complies with the provisions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) with CUP approval for the fence/gates.
|
Section 211.06 - Commercial Development Standards |
|
STANDARD |
REQUIRED |
PROPOSED |
|
Min. Setbacks Front (Main St.) Side Street Side (7th St.) Rear |
10 feet 0 0 (Fence) 0 |
6 feet 0 6 in. 0 |
|
Section 230.88 - Fencing and Yards |
|
A. Permitted Fences and Walls |
1. Fences or walls a maximum of 42 inches. in height may be located in any portion of a lot. Fences or walls exceeding 42 inches in height may not be located in the required front yard, except as permitted elsewhere in this section. 7. Deviations from the maximum height requirements for walls as prescribed by this section may be permitted subject to an approval of Conditional Use Permit by the Zoning Administrator. |
6 ft. tall fence to be setback 6 ft. from the front property line in lieu of required 10 ft. |
|
C(3). Visibility |
Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of 42 inches and seven ft. within a triangular area formed by measuring 10 ft. from intersecting driveways or street/alley and driveway except in situations where the garage is constructed with less than a 10-foot setback from the alley right-of-way. In those situations, the measurement of the visibility triangle shall start at each corner or side of the garage door, measured perpendicular to the rear property line, then measured 10 ft. away from the edge of the garage door and parallel to the rear property line (typically the alley right-of-way). The maximum height of any structures or landscaping within this triangular zone shall be 42 inches high (see Diagram D). |
6 ft. tall fence in visibility triangle entrance and exit incorporates an open slat design allowing for visibility and eliminating blind spots/visual obstructions |
|
Section 231.18 - Off-Street Parking and Loading Provisions |
|
E. Nonresidential Parking and Loading, 2. Parking Controls |
d. Shall provide a driveway with a minimum of 20 ft for vehicle stacking (for privacy gates). |
Gate to remain open during business hours allowing for sufficient stacking of vehicles |
Urban Design Guidelines Conformance:
Design Guidelines were implemented to enhance the visual appearance of the proposed fence and gates, maintain compatibility and character with the existing building on site as well as the surrounding sites. Some of the key design guidelines include:
- Architectural compatibility with the surrounding character
- Harmonious style, color, and materials to existing buildings on site
Environmental Status:
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 the project involves construction a 6-foot-tall open slat wrought iron fence ancillary to a commercial property.
Coastal Status:
Not applicable.
Other Departments Concerns and Requirements:
The Departments of Community Development, Fire, and Public Works have reviewed the project, and the Building Division identified a list of code requirements (Attachment No. 6) applicable to the project.
Public Notification:
Legal notice was published in the Huntington Beach Wave on March 13, 2025 and notices were sent to property owners of record and tenants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Planning Division’s Notification Matrix), applicant, and interested parties. As of March 18, 2025, all communications received supporting or opposing the request are included in Attachment No. 9.
Application Processing Dates:
|
DATE OF COMPLETE APPLICATION: |
MANDATORY PROCESSING DATE(S): |
|
September 24, 2024 |
Not applicable to appeals |
This item was originally presented to the Zoning Administrator on November 20, 2024.
SUMMARY:
Should the Planning Commission approve the proposed project, it may do so based on the following summary of findings (Attachment No. 1):
• Complies with the General Plan;
• Consistent with the requirements of the base zoning district, as well as other applicable provisions of the Municipal Code, except where a CUP is requested;
• Compatible with the surrounding uses in proportion, scale, and character.
ATTACHMENTS:
1. Suggested Findings and Conditions of Approval Conditional Use Permit No. 24-026
2. Plans received and dated February 25, 2025
3. ZA Notice of Action
4. ZA Meeting Minutes
5. Appeal Letter received and dated November 22, 2024
6. Code Requirements
7. Vicinity Map
8. Project Narrative
9. Public Comments
10. PowerPoint
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