Loading...
HomeMy WebLinkAboutInitial Plan IPZR2003031 - Supporting DocumentsJAN-08-2004 15:56 LAND 949 457 3194 P.01/03 4 4f Purple Penumbra, LLC Margarita Barriga 9 Goodyear Irvine, California 92618 Phone' 949-699-4210 Facsimile 949-457-3194 January 6, 2004 VIA FACSIMILE To 714-374-1540 Ron Santos Project Planner Department of Planning City of Huntington Beach 2000 Main Street Huntington Beach, Ca 92648 Qr'pG N\ ICOOFIL1 G WI Tti C of 0 F-6(4 h-PPP V SfIPitJ& RE' Initial Planning and Zoning Review No 03-31 for retail space at 17847 Beach Blvd, Huntington Beach, the Premises. Dear Mr. Santos' We are disappointed that we must write this letter We believe the Planning Department is reneging on its previously given permission and promise to allow Margarita Barriga the right to conduct her hair salon/beauty supply business on the Premises. On or about November 12, 2003 and before signing a lease for the Premises, Margarita inquired with the Planning Department as to utilizing the Premises for a hair salon/beauty supply business . An associate planner named Jason was the first person Margarita contacted at the Planning Department . Margarita told Jason that the Premises had previously been utilized as a furniture store and had been recently divided. Jason viewed a computer screen and unequivocally stated to Margarita that her use for the Premises as a hair salonlbeauty supply business was "OK" with the Planning Department, but that she must proceed to the Building Department for tenant improvement questions, applications and building permits In reliance upon the statements made by Jason, Margarita and her husband entered into a lease for the Premises with Purple Penumbra, LLC on November 14, 2003 After signing the lease , Margarita went to the Building Department with her ideas about appropriate tenant improvements The Building Department informed Margarita that she must obtain blueprints for her intended building/tenant improvements Margarita engaged the services of an architect/designer for her building plans. Thereafter Margarita attempted to submit the plans to the Building Department The Building Department sent Margarita back to the Planning Department for planning approval. Believing this was only a technicality because planning had already given its OK, Margarita met with associate planner Rami. I JAN-08 -2004 15:56 LAND 949 457 3194 P.02/03 Rami proceeded to make statements that were in direct contradiction to those made by Jason . specifically that the previous "OK" given by Jason should not have been given as there was a "parking problem". Frustrated, disappointed and now a little scared Margarita went back to Jason. Jason admitted his mistake, but stated, after further review of the computer screen, a reasonable solution to the parking problem could be accomplished by providing "2 additional parking spaces on site". Again based on viewing the computer screen , Jason stated that the 2 more spaces needed to be added to the existing 14 spaces on the screen Jason provided a written note to Margarita, which is attached as Exhibit A. To corroborate and confirm his decision, Jason proceeded to discuss the matter with three persons unknown to Margarita behind the counter He returned and stated that a total of 16 spaces were needed at the Premises, "14 plus the 2 additional would be satisfactory" Margarita was informed that she could show the placement of these sixteen spaces on the building plans that had been prepared for the Building Department, but that she should show the currently existing spaces on one set of plans and the addition of 2 more for a total of 16 parking spaces on another set of plans. To avoid additional architect/designer fees Margarita herself drew on the building plans the existing parking spaces and the 16 parking spaces that would ultimately exist after the addition of the 2 more required. After completing the parking plans , Margarita and Walter went back the Planning Department for submission of the plans. This time an associate planner by the name of Ricky Ramos was at the planning counter. Although Margarita had never been provided with a copy of Section 231.26 of zoning code up to this time, Mr. Ramos proceeded to hand her this document. Margarita became frustrated as to why Jason or Rami had not previously provided her with this section of the code . Nevertheless Margarita again amended the plans to show existing lighting and parking stall bumpers. After reviewing Section 231.26 of the zoning code and due to the fact that the Premises had been constructed in the early 1960s , it became quite apparent that the Premises do not comply with the underlying landscaping requirement of section 231 26(e), and that it might be either impossible or unreasonably burdensome to ever comply under that section . Walter told Mr. Ramos of his concerns about the landscaping requirement and that Margarita did not want to waste her parking application fee of $258.00 if the landscaping was required Mr Ramos stated that it was not something to be worried about and proceeded to give out a written handout attached as Exhibit B. Exhibit B expressly states that "If a parking area is proposed to only be re-striped; no landscape, drainage, or lighting plan is required". Walter and Margarita were relieved and the parking plan was submitted with a fee of $258 00 We have brought you up to date Mr. Santos regarding the application. You have informed us that the parking plan is unsatisfactory because there are not enough parking spaces. Needless to say Margarita and Walter are now both frustrated and disappointed. Both Margarita and I believe that City of Huntington Beach Planning Department has: a) misled Margarita by originally stating that the hair salon/ beauty supply use was OK, b) allowed Margarita to rely on various representations and promises that the hair salon/ beauty supply was permissible to her detriment; c) has been entirely inconsistent in informing Margarita of the parking requirements and; d) is being entirely oppressive, overreaching and unreasonable in administering the Huntington Beach Zoning code as 2 JAN-08 -2004 15:57 LAND 949 457 3194 P.03/03 to Margarita's intended use for the Premises. Further if 16 parking spaces are allegedly inadequate, it is unconscionable for Jason on behalf of the Planning Department to state that only 16 parking spaces are required and for the Planning Department to willingly accept a fee of $258 00 for plans for 16 parking spaces These are all matters, which we believe require consistency at the planning counter and throughout the planning department, and the lack thereof must be interpreted in favor of our application. We believe parking requirements for the development , of which the Premises are a part, were less strict in 1960 than they are today and therefore the Premises are part of an existing non-conforming building with its applicable grandfathered rights. Additionally one of the prior uses of the Premises may be construed as a retail use with the same parking requirements as a hair salon Because of all of the foregoing, we respectfully request that the City of Huntington Beach Planning Department make good on its promise to allow Margarita a business license to conduct a hair salon/ beauty supply business on the Premises, and allow her to immediately proceed with the submission of her building plans to the Building Department Margarita has been a citizen of the City of Huntington Beach for over 20 years. She has a dream to open a hair salon with her sister -in-law. She relied on the Planning Departments promise that she could establish her business by entering into a lease for the Premises. We believe that Margarita should be allowed to establish her intended business and we sincerely know that there is enough interpretive flexibility within the City codes to allow such establishment without oppression. If the forgoing course of events do not adequately convince you that the planning department should sign off on Margarita's tenant/building improvement plans for her hair salon/beauty supply business at the Premises, we desire to move this matter to a public forum in front of the City Council where this matter can be appropriately pleaded. Please contact Walter at your earliest opportunity to discuss the foregoing at 949-699- 4210 Your professional courtesy and cooperation is most appreciated. Sincerely, Pur n bra, LLC By: Jeff . Frie , anager u1. ar rita Barriga 3 TOTAL P.03 THIS MAP WAS Eb FOR ORANGECOUNTYASSESSOR ONLY.THEASSES- SORMAKESNOGU ASTOITS ACCURACYNOR ASSUMES ANY LIASRJTY FOR OTHER USES.NOT 1O SE REPRODUCED. ALLREGHTS RESERVED.CCOPYRIGHT ORANGE COUNTY ASSESSOR 1994 41 -a PO ,1/2, S E. 1/4, S. E '114., SEC. 26,7 5S , R. /1 W =,.a`ise ac,(cl 39 80' -&NOTE,- ASSESSOR'S BLOCK PARCEL NUMBERS SHOWN IN CIRCLES .i r. . r5q, ;Mv i32,