HomeMy WebLinkAboutConditional use permit 86-94 - Conditional exception 87-1 - hunt"O.4ten March dewMopmM "rViCes degwrtmiowt
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1E P 0 R 11-
TD: planning Coawission
r1oM: Development Services �
DATE: June 2 , 1987
SUBJECT: APFEAL OF THE *oARD Or ZONING ADJUS'1TWA'1v16 DEXIAL OF
uSE PC.qmI? NO. 16-96 IN CONJUNCTION WITH COMITIONAL
1tXCLF'_•:0ii (N.ARIAWZ) $0. 67-1
APPLICANTS ads: N. teidan DAZX Acmmm:
18362 Patterson Ln . /1 February i, 1987
Hunt . Beach, CA 92666
Q=SZ: Appeal of the Board of Waived by applicant
Zoning Adjustment ' s denial
a request to permit the I= : C2 (Community .
sale of alcoholic eusines;i District)
beverages at an existing
convenience market in MUM_. JM: M1ediaw
conjunction with a request Density Residential
to pemit five (5) parking
spaces in lieu of the LX. =VG_31 : Convenience
required twelve ( 12) market .
� spaces .
L�2T &IZL: 5, 750 square feet
LQQTTO: 301 Seventeenth Street
(northwest corner of 17th
Street and Olive Avenue)
This item was continued from the Plannidq Coanission meting of
April 21, I987 , at the applicant 's request . The attachod staff
report dated April 21, igo7 provides an analysis of the request and
appeal . At the April 21 meting, the Planning Commission tequsated
a
clarification of st«ff s respsn*e to the letter from the apellant ' s
representativt dated April 14 , 1037 . The letter refers to ADC Porn
2550 lagkigig Arlillavil, which was signed by tb* City is March, IM .
This is addressed in the ogistorandum from Busen Pierce to Glen
Godfrey dared Nay 26 , 19A , attached to this report . One additional
letter in support of the project has been received .
,. State it tbat the planning ComAnaion upboid the ioacd of .
zoning Adjustment ' s donial and deny the appeal bated on the analysis
and tiadiD68 Contained in the attached •talc report.
I . Memorandum from Sudan Pierce to Glen Godfrey dated Italy 2r , 1987
3 . Staff report dated April 21, 1987
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..,. APPLICANT: CKARLES AND ROStMARY CARTER
An appeal of the board of Zoning Adjustment ' s denial of a request to
permit additior of two units to an existing duplex with
non-conforming setbachsf along with a request to permit a 12 foot
wide driveway in lieu of a 20 loot wide driveway, and to petait a
brlconr to serve a: private open space in lieu at a patio for one
unit .
This item was continued from the Planning Commission meeting of
Mar S , 1917, in order for the applicants to work with staff to
design an alternative proposal , Since that meeting, the applicants
have submitted a revised site plan which addresses arias of the
Commission' s concerns regarding driveway access and parking. The
revised layout, however , will require different conditional
exceptions (variances) than those proposed by the original design,
snd will consist of a total of three units on the site rather than
tour . The new project description will require re-notification..
staff recommends that the planning Commission continue the appeal of
Uae Permit no . e6-69 and Conditional txception (Variance) No . 86-67
to the most r.1 of June 16 , 19e7, to allow for proper advertising of
the revised requests .
A MOTION WAS MADE BY LI'+ ENOOOD, SECOND BY PIERCIt , TO CONTINU2 USE
PMIT NO. 16-69 `aE CONAMMON WITH CONDITIOSkI, EXCXPTIOM
(VAR IANCZ) NO . 6 6-6 7 TO TXX JUME 16 , 1987 PL M M I MO COIl1I to I 0M
MtZTIXG# TO HE 12-ADVEIMSED, BY TH2 FOLLONING veil :
AYdd: Higgins , Pierce , Leipzig , Sumurell , Livengood
NORM : gone
AISIXT: Silva , Schumacher (but of Room)
ASSTAIM: Some
ssyrram F�
C-3 awe a�_S � nt :Qe t■Q s asmiu.
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APPLICANT: AM M. Zt I DAX
An appeal of the Board of Zoning Adjustment 's denial of a ra►pert to
per* t the sale of alcoholic beverages at an existing cosivenience
market In conjunction with a request to permit give (s) Vairkiaq
spaces in lieu of the required twelve ( 12) spares at 241 Mwent*enth
*treat .
PC ltiautes - 4I=!87 4- (03344)
A11At�11�1l6Aff hAnt w111Cod deowtamw
REPORT...
TO: Planning Commission
j !'>!t]!t: Development Services
DATIt: April 21 , 1987
SUBJECT: APPEAL OF THE 90AXD OF ZONING AWUSTPM1 T' S DEXIAL OF
USE PERMIT 00. 56-94 IN CONJUNCTION WITH CONDITI0NAL
EXCEPTION (VARIANCE) no. 87-1
APPLICANT/ Adel M. zdidan U32 ;
18342 Patterson Ln . tl February 6, 1917
Hunt . beach, CA 92646
MUM: Appeal of the board of Waived by applicant
Zoning Adjustment ' s denial
a request to permit the &M: C2 (Caefuni.ty
sale of alcoholic Business District)
beverages at an existing
convenience market in Medium
conjunction with a request Density Residential
to permit five ( 5) parking
spaces in lief. of the zM1119. list : Convenience
required twelve ( 12) market .
spaces .
SIZE : 5 . 750 square foot
I0N : 301 Seventeenth Street
(northwest corner of 17th
Street and Olive Avenue)
1 . 0 ,SUGGESTED &='QN:
Uphold the Board of Zoning Adjustments denial and deer the appeal
based on the findings outlined in this report .
2 . 12 �rtrei r_ .MMAM119N:
On January 28 , 1987 , the Board of Zoning Adjustment ' s denied Use
permit No. 86-94 and Conditional Exception so . 67-1 b7 a vote of 9
to C . The applicant has initiated the appeal bocause he faels that
the proposed use: will not adversely impact the neighborhood , and
that the coquetted reduction in packing spaces would riot Constitute
a grant of special privilege.
Adft
INV .•r
Nnrtb, n>E�ject pcco.rtY ;
GEMERAL PLAIN DESIGNATION : Medium Density Residential
ZONE: C2 (Comounity business district)
LAND USE : Office Building
X"t and est gf Subject proRartw:
GZNERAL PLAN DESIGNATION: Medium Density Residential
ZONE : Townlot Specific Plan Section 09'
LAUD USE : Residences
SQL.th of Subiect Proaer Y:
GENERAL PLAN DESIGNATION : Radius Density Residential
ZONB: Townlot SOecific Plan Section 19 '
LAND USE: Vacant Tavern
1.Q. KY I RQ CAL STATus
The propostI project is e:etapt Class S Section 15305 Crow the
provisions of the California Environmental Quality Act .
5 . 0 C ST& STATUS :
Not applice
Not applicably: .
7 . 0 a r- rIC PLM:
Not applicable .
8. 0 SCI 01.M I S TON
Not applicable.
Il1C.k9SO.liIId
The existing convenience market at 301 Seventeenth Street was
approved by the Board of Zoning Adjustments on March 20, 1985, as
use Permit No . 85-14 . The site was, at the time, Boned (Q)C3
(Qualified Genettal Business District) . The qualification required
that no access be taken from Seventeenth •treat and that a M%e
permit be approved for all taw development.
Cr
doff Relw4rt • W34 (Mad)
The C3 zone allowed grocery sad Etult ttorer as a permitted use
subject to the provisions of the C3 sone, including a parking ratio
of one space for every 500 square feat of building area. Other
commercial vases that were permitted in the Cl , C2 and C4 districts
Kore also permitted in the C3 zone, provided that any such use
subject to a site plan application !much as SA sdoinistra!ive
review) was subject to the mane regulations as in the C1 , C2 and C4
districts . ring those user permitted in the C2 none upon approval
of an administrative review was ` liquor stores and on-sale liquor
establishments" ( see old code sections) . Thus , in order to sell
liquor in C3 zones , an entitlemient was required , and by Code, the
use was required to meat C2 standards , and including a parking ratio
of one space for every 200 square feet of building area .
The site in question, given the building design proposed by the
applicant , could accommodate onlr five (5) parking spaces (equal to
one space per 500 square feet of building area) ; this was in
accordance with a grocery market only in the C3 zone. Therefore, a
condition of approval was placed on Use Permit No. 85- 14 that 'this
approval is granted to establish a grocery market Alcoholic
beverage sales are not permitted without approval of a use permit in
compliance with C2 standards . ' This was not an arbitrary condition
imposed by the Board . Alcohol sales , by Code, -equir*d more parking
than the site could accomoodate . The applicant accepted the
conditioner without an appeal .
In April 1986 , the site was rezoned by the City from (Q)C3 to C2
during the course of rezoning all remainir►; C3 districts in the City
to other zoning designations . Currently, Cl zoning permits both
convente:nce markets and liquor stores (subject to appropriate
entitlements) at a parking ratio of one space for every 200 square 1
feet of building area .
Analyaia
On January 28 , 1987, the Hoard of toning Adjustments denied Use
Permit No . 86-9 4 and Conditional Exception No. 87-1 , a request to
permit alcohol sales at the subject location, along wfth a request
to permit five (5) parking spaces in lieu of twelve (12) required by
C2 standards .
Several residents to3tified at the hearing in opposition to the
proposal . Among the major concerns cited were increased traffic in
the alley, loitering, double parking in the street, and
incompatibility of liquor sales with the surroun3ing residential
area . Several letters were also received in opposition to the bale
of liquor . Three people spoke in favor of the proposal (see
attached minutas) .
The applicant submitted an appeal of the board ' s denial, along vA th
154 signatures in support of alcohol sales . Since submission of the
appeal , approziwately 1, S00 signatures in r.uppett have been
submitted.
r
staff report - 4/21/97
Mr . leidan contends that the City changeA the saming on his property
after he pullod a permit to build a store with intentions of selling
alcohol , thereby increasing his parking re►quitownt aerd creating a
hardship . Although the City did initiate a zone change from C3 to
CZ after the applicant had pulled building permits and started
construction, the previous 0 zoning only allowed alcohol sales if
the use complied with C2 standards . The approved use permit (Use
Permit No. 85-14 ) had a condition which clearly stated that a use
permit would be required in order to tell liquor and that C2
standards would hava to be complied with . 'therefore, 12 parking
spaces have always been required for alcohol sales , as was
reinforced by the condition of approval for Use Perolt No . 85-14 .
The appellant also contends that granting of his requests would not
constitute a grant of speci:, 1 privilege , because other restaurants
and liquor stores in the vicinity operate with less Parking than is
required by Code . Many of the asamples cited (see letter of appeal)
are existing legal non-conforming usas which, when expanded or
recycled, will be required to conform with current Codes. Several
other businesses cited are in the Downtown Redevelopment Area (China
Wok, Mozzotti ` s, The Shed , Pate' s Mexican Food) and have agroed to
partieipa'te in a parking assessment district when formed by the
Redevelopment Agency, to provide the required parking . Eldon liquor
leases the adjacent City owned lot for parking . All new structures
or uses , such as the appellant ' s , are required to conform with
current parking standards .
In - letter submitted on April• 15 , 1a37 , the appeellant ' s
rep: -sentative states that ABC Fora 255 ( see attached) signe,4 by th.
City in March, 1985 , indicates that alcohol sales are a permitted
use on the subject site. The fora signed by the City does not grant
automatic -armissio,n for alcohol sales . It states the fact that
such silos were allowerd in the C3 zone subject to administrative
review, and per Codes would have had to comply with C2 standards .
The appeellant ' s grocery store does not meet these standards .
low
Staff recommends that the Planning Commission uphold the board of
Zoning Adjustment ' s dental and deny the appeal based on the
following findings .
1",L,1bINGS FQR Q,El1IAL r-001:Y -CUTIQN (1V.AX1A=1 I?. tel:
1 . because of the size, configuration, shape and lack of unique
topographic features of the subject property, that* does not
appear to be exceptional or extraordinary circurstaners or
conditions applicable to the land. buildings or preaaisers
involved that dwms trot apply generally to property or class of
uses in the same district . The lot in question is of regular
$isa and shape, with no unusual topographic features.
2 . Granting of Conditional Sseeption ft. 87-1 would constituter a
special privilege iaeoasistent with limitations u o prop
in the vicinity. Sew structures et uses are regured t
conform with curresrt applicable codas. -
Staff "port ; 4/31/87 -4- load)
Of
3 , exceptional ci rcumtences do not apply that deprive the subject
propatttY of ptivileges enjoyed by other properties in the same
Bone classitications . The appellant' s existing grocary market
can continue to operate, however addition at a now use (alcohol
•slat) requires compliance with the current codes .
! Etta.,Rol 02V IAL - IM .. s *9 T Ma- EA-24 :
1 . The establishment , maintenance and operation of the use
(alcohol sales) will be detrimental to the general welfare of
pwroons working or residing in the vicinity. Additional
parking required for liquor sales will not be provided ,
creating a traffic hazard at the intersection of 17th and
Olive, and in the adjacent alley.
2 . The establishment # maintenance and operation of the use will be
detrimental to the value of the property and improvements in
the neighborhood because liquor sales will generate additional
commercial traffic in a predominantly, residential area .
3 . On-site parking and circulation ore inadequate to accommodate
the additional traffic generated br alcohol sales sad have the
potential of creating a congestion and circulation hazard . The
appellant currently has an existing grocery market which can
continue to operate with the existing parking ratio .
l.�►_,QALTZRMTIVIE..ACT.IQii:
Overturn tha Board of Zoning Adjustment ' s denial and appc . -at ttre
Permit No. e6-94 and Conditional Z:caption No . 87-1, bases, on
findings and conditions of approval .
ATTACMF-rS:
1 . Area map
2 . Site plan
3 . Letter f roea appellant dated February 5 , 2967
4 . Letter from appellant ' s representative dated April 14 , 1997
S . Board of zoning Adjustments minutes dated January 28 , 1997
+6 . old Cade sections for C3 and CZ zones
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This it4" was continued from the Planning Commission creating of
April 210 19670 at the applicant ' s rwsest .
TAL
The preposed proiect, is oZOMpt Class S Section 15305 from the
provisions of the California Environmental Quality Act .
Staff recommends that the Planning Commission uphold the Board of
zoning Adjustment ' s denial and deny the apyeal based on the analysis
and findings .
TX2 PVSLIC PtSJ ING WAS OPZX2V
Dan Carlton, attorney ropresentinq the applicant, spoke in support
of the request . He stated that parking seems to be the primary
concern of the residents in the neighborhood end that most business
Is walk-in business. He further atatod that parking is available on
two streets because of the stores location on a corner. His client
believed that liquor sales Mould be allowO before he invested
one-half million dollars .
Natalie Kotsch, 1722 park Street, spoke in support of the request .
She stated that Mr . Zeidan is a good swrchant and businessman and
his stort is an asset to the neighborhood . �
Fred A. F- reman, 301 loth. Street , spoke in support of thn request.
He fools that the market is an enhancement to the neighborhood . -"
Ray Seraphine, 509 17th , Street, spoke in opposition to liquor sales
at the market . $he stated that at the Board of Zoning Adjustment ' s
meeting the applicant agreed to no liquor sales at the market .
Sharon ;.ill , 221 37th . Street, spoke in opposition to the request.
She foils that there is too much traffic in the area now and that
the market does not provide suffient parking .
Frank Zappia , 226 27th . Street, stated that the neighborhood is now
bring upgraded to single family residences and that that Board of
`oning Adjustments made a good decision when they denied this
request . He feels that C2 Boned property should require more
parking and that the setback of this srarket is not in conformance
with the codes. No further stated that there it already a liquor
store up the street from this market and does not feel the atfeet
vequires another liquor store. He requested that the Commission
uphold the lases end ordinances to protect the citiseas in the area .
Richard Dorn, 226 17th. Street, spoken in opposition to the request .
Me goals that it will increase traffic and loitering in the aria.
PC Minutes - 6/2/67 -d- (6334d)
94OWtb J. Qolaim, 1717 Path, r9preawtative of the liquor store
aow to the Rartb of this siarket, a hein opposition to the
a t . so stated that the market re already emccoachial on the
bMR046 of his client ' s $tote and with the sale of liquor will
..• iaCrOeas . NO does not fern that the request should be treated sineis
thn applicant is not even providing 30• of the required parking.
Frank Mirjahangir , designer of the building , spoke in support of the
request . He stated that the building, which was desigmW to be a
groCOty store, art all Q -0 codes and has improved the corner and
811e7 b7 SM 000 . He said that he was in ottendance at the Board df
i4ning Adjustments meeting because the applicant was out of the
country . Liquor sales were denied because of the shortage of
parking and he agrisd (without the approval of the applicant) that
there Irould be no liquor tales at the market . He fools that the
store Improves the neighborhood .
Cmtol Hancock, 503 17th. Street , spoke in opposition to the
request . She feels that since the store is located so clone to the
beach area and that there is already a liquor store in the area that
another one is not needed .
Paul Columbus , owner of the property nest door to the market, spoke
in op►�sition to the request . He feels that liquoe sales would
dsteriatote than neighborhood . �
Gras Shaw, resident in the reighbcrhood , stated that everyone should
be governed br the some prer * se.
Thera were no other persons present to speak For or against the
project and the public hearing was closed .
Some Conniasioner■ felt that the store is an asset to the
neighborhood and that most of the traffic is on toot, however they
felt that tho market should be in compliance with the codes And
since there are no unique circumstances present an this site that
over 30 percent variance to the parking requirement cannot be
granted arbitrarily.
A NOTION WAS K%DZ BY SC)"WACKId, SECOMD BY HIGGINS, TO DM USI
14=tT NO . e6-94 In CONJUNCTION WITH CONDITIONAL ZXCtPrIOM
(11ANIAB") 300. /7-1 , wITH rr11DIMGs, BY TtiK rOLL+wzva vim'= :
AM,, Schumacher , Higgins , Leipsig , Sua cell, Livengood
MOST: dilve, Pierce
1►BitN"T: Mane
ABSTAIN : None
PC Minutes - 6/1i47 +6- (BSSSi)
l�� I .,t°'"ti1iL td� tit 1 _. 2_I:
1 . aftauseM of the Bigot conf igusationt shaper and lock of uaiew
topographic features of the subject propert , there do+rg not
appear to be egeoptional or a xtraordinacy c rcusetaftcas or
conditions *pplicable to the land , buildings or prMrises
involved that does not apply generally to property of class of
uses in the sane district . The lot in question is of regular
Rise and shape, with no unusual topographic features .
2 . Granting of, Conditional gxception No. 87- 1 would constitute a
special privileges inconsistent with limitations upon properties
in the vicinity . Now structures or uses are required to
conform with current applicable codes .
I . Rxceptional circumstances do not apply that deprive the subject
property of privileges enjoyed by other proportion in the sage
none classifications . The appellants existing grocery market
can continue to operates however addition of a now use ( alcohol
sales) requires compliance with the current c0aes.
1 . The establishment , maintenance and operation of the use
( alcohol sales) will be detrimental to the general welfare of
arsons working or residing in the vicinity. Additional
j p 9 9 Y
parking required for liquor sales will not be provided ,
croatinq a traffic hazard at the iotsrsection of 17th and
011ve, and in the adjacent alley .
1. The establishow nt , maintenance and operation of the use will be
detrimental to the value of the property and isproveiaonta in
the neighborhood because liquor sales will generate additional
coaeccirl traffic in a predoninantilr residential area .
7 . On-site parking and circulation are inadequate to accon -ndate
the additional traffic generated by alcohol sales and halve the
potential of creating a congestion and circulation hazard . The
appellant currently has an existing grocery market which can
continue to operate with the existing parking ratio .
C,.s A=rns= e7-2ZMfIM ZRACT s'Z
_ Cf! tY.ffi�S ■7-2 t c 1 - ,1lA .i is a private request
to redesignate is acres located on the north side of Warner Avon+,
south side of Neil Avenue and foe teat seat of polls Chica street
from Lour Density Residential to General Comercial and 1lodium,
MdiuM Nigh and senior Residential .
!f; Nisute• i/2/iT �i� �liiill)
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EPORY-M
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Plannin, Commission
Development Services
OATS: June 2 , 1987
SUBJECT: APPEAL of Ta BOARD OF ZONING ADJUBTM&N!*S arP IAL Of
USE PERMIT NO , 86-94 I!! COWUNCTION WITH COWLITIOR"
EXCEPTION (VAX IANCE) NO . 87--1
APPLICANT/ Adel M. Zeidan
18382 Patterson Gn . / 1 February 6 , 1967
Hunt , beach, CA 92648
SST: Appeal of the board of Waived by applicant
Zoning Adjustment ' s denial
a request to permit the : C2 (Comunity
sale of alcoholic Business District)
beverages at an existing
convenience market in : Mad 1 um
conjunctic�:. with a request Density Residential
to permit t va ( 5) parking
spaces in lieu of the t , i uS Convenience
required twelve ( it) market .
Spaces .
LUT I �t: 5 , 750 square feet
: 301 Seventeenth Street
(northw"st corn.:,r of 17th
Street and Olive Avenue)
This item was continued from the planning Ccwission meetinq of
April 21 , 1961, at the applicant ' s request . The attached staff
report dated April 211 1987 provides an analysis of the rrrquest and
appeal . At the April 21 0"tinq , the planning Comission c que►sted
clarification of staff 's response to the letter arum the appeicant ' s
representative dated April 16 , 1907. The letter refers to ABC fuse
255 , Unlog,AfftA&yit, which was signed by the City in March, 196S .
This is addressed in the memorandum (too su:an Pierce to (ilea
Oediter dated May 24. 1987 , attached to this report . One additieNal
letter in support at the project has boon received.
1
a�rr-'s that the Plammiso Commission upheld the bath *I
sue! "108MOVS denial and deny the appeal based an 09 mm17v1a
and adisgs CoatsiMM in the attach" staff report .
s1 �QB:
1. Memorandum from Susan Pierce to Glen Godfrey dated !fir 24, 19417
2 . dtaff report dated April 21 , 1987
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state avert 02197 -2- �� 3
` • or
1N1 184M. W""T C UNWATM"
To Glyn GOdftVYj Deputy Director Fmm Sum rletce
W v slop Servks Associate Plenr r
SuOsct ALCONOUC BEVLRAGE LICENSE Deb May 29, l"7
AFFIDAVIT
301 SEVENTEENTH STREET
For many years, the State Alcoholic Beverage ContrW Drpart men t hns, requkvd all
N*lcants for 07 type of alcoholic beverage licei to fiie a z*Wag affidavit. This
IlMdsvit uses the term "Conditional Use Permit (cupr ww nmpd ea indication if a Cup is
raetivirtd.
At the time, the affidavit was completed, the subject property was zorwsd C3 oW roqurtd
rt►inimu a entitlement by Administrative Review or as required by C I. C2, at C4 rigttire-
amts for those permitted uses. The Administrative Review application was noted an the
affidavit form. In no way was this affidavit intended to the sale at skolso`k
beverages. Although a CUP was not required, It should have perltiaps bees noted W mired
in at der that both ABC and the applicant were put out notice that a ha+arfeg mould be
required.
S st p�r%tly. it was learned that a eviaua zone chartpt ra pired entitletwnt by Use
Permit. Use Permit No. 85-14 was filed for a mini made- and rejected because of
n�a ompliance with C1/C2 standards. The Director deterwined that the use must be
selected from S.4453 Specific business in tx tr to be altos cd to devvkp tsxier C3 perking
wW setback :requirements. CmuNtion of Ap m val No. 2 approwsd a grocery Mark-ri end
required a new use permit in compliance with C2 standards prior to the sale a( skAftolic
beyereSes.
On May 12, 1"?. a tel cawersation with the ABC office in Santa Ana confirmed that
the ABC has not been Issued and is pending because protests have been filed.
SP:gbm
...
NI
SrAf
EPORIE --
TO: Planning co�aissioa
PAM Develop"ut Services ,
DATE: April 21 , 1957
GUWICT: APp'SJI►L 0! THt boMW or soma XG ADJUSTNMOS DMAL Of
USE PERMIT MO. I4-16 10 CDOJUNCT14M MITH CO1 D1TIONA►L
EXCEPTIDN (VAXIANM) no. 87-1
APPLICAn/ Adel M. saidan :
18382 Patteruon Ln. 01 February G. 1117
Hunt . beach, CA 92648
T: Appeal of the board of Maimed by applicant
Zoning Adjustment ' s denial
a request to permit the I=: C2 (Conwunity
sale of alcoholic Puniness District)
beverages at an existing
Convenience ma: ket in Ius
conjunction with a request Deasitr Residential
to permit five (5) parking
spaces in lieu of the gTINQ & R: Convenience
required twelve (12) market.
spaces .
50750 square feet
IA=IQM: 301 Seventeenth Street
(northwest corner of 17th
Street and Olive Avenue)
j t Uphill "*,,Soarli_of wto:aiaq .,,Adjustrent�s denial and deny the •
baste'":Sa"th"findinge"'dutline�d 'in this report;' ...�
i .�.�... - ...� �.._rJ .ter...•• ....�•w1a+�+�-� �.�r�._ .W.-. ._.
•
on January 28 , 1927, the Sward of Zoning Adjustment's !lensed Use
Perait No . 46-94 and Conditional Rxception No . 87-1 by a vote of 5
to 0. The applicant has initiated the appeal because he fools that
I the proposed use will not adverseby impact the neighborhood, and
that the requested reduction in parking spacers would not conb:itute
a grant of special privilege .
Bu�s hAhJ2C PrOMEW
OtURAL tt. W DESIGNATION: Medium Density ttesidential
=ONE: C2 (Community Business Disstsict)
IAXD USE: Office suil4ing
;t and of suh�i��r PIO�tz,
GE itJ1L FLAX DESI=ATION: Medium Density Residential
Soxs: Townlot Specific Plan leetion 968
LAID USE: Residences
fta,Yth..21..fiulai. Ct`gner tY:
IEDtJ1L PLAY DESIGNATION: viedium Density Residential
20l1E: Townlot Specific Plan Section •S
LAND USZ: Vacant Tavern
4+0 ZffylRQ- - Z rAL_fiX&=:
The proposed project is exempt Class 3 Section 15305 f ram she
provisions of the California EnvitonAental Quality Act .
r4,3t applicable ,
not applicable .
i
2 . Q
. Q SPEC :
not applicable .
e_o ScreaIVZSIdlr C��I E:
not applicable .
2 . 9 Hsu I ,-AND LT3I5:
�acka�u„_nd„
The existing convenience market at 30: Seventeenth Street was
approved by the Board of Zoning Adjustments on March 20 , 1985. as
Use p*rmit No. 89-14 . The site was, at the time, zoned (Q)C3
(Qualified General Business District) . The qualification require
that no access be taken from Seventeenth Street and that a use
permit be approved for all now development.
ftRlf eet
S4�.T L. 40440
They C3 son* allowed grocery and fruit stores as a permitted use
subject to the provisions of the C3 sane, including a parking ratio
of one space for every 500 squat 4% feet of building area . Other
consercial uses that were permitted in the Cl , C2 and C4 districts
were also permitted in the C3 -ono, provided that any such use
subject to a site plan application (such as an administrative
review) wat subject to the saint regulations as in the Cl, C2 and C4
districts : , Among those .uses permitted is the C3 some upos approval'
of an ,adrd►Aistrative "rerview was •liquor stores-.and oa�aia►1N; liguox
*stab ntaw (lee old ��Mode'.seactions)" .",',Thus""iai order �tO�iilx
liquoi C:3 'sonek.,ori entitio ent waviaregvised, and b*•Ceede��'tlrls
use w red • srtt#C2 Jet and@rds, 'and 4includial a parkis¢satf'*
`lor = " 200 square lilt-of~...buil4ing . area. ..-• ---�''
The site in question, given the building design proposed by the
applicant , could accoamdate only five ( 5) parking spaces (equal to
one apace per 500 square feet of building area) ; this was in
accordance with a grocery market only in the C3 zone. Therefore, a
condition of approval Max placed on Use Permit Ito. 45-14 that., 'this
et approves granted_to .establish a groceery market . Alcoholic ai,r.,,�,,.—
bever-o astiMMtppearmitted without approval of • a -vse •"r t n
icompl a i�wlthandaidst:NmTh1."was�not•codarbitraty,%vadition
3 i serd tbe► bai r :~`"'�►2 dh' I sates vv- b'y•,Code, • required sin r e.,pa r k i n91
•tbi _ orswod�te. - The applicant accepted «theft,
eCaAd to i
In April 1985 , the site was resoned by the City from (Q)C3 to C2
during the course of rezoning all remaining C3 districts in the City
to tither zoning dasignstions . Currently. C2 Roning permits both
convenience markets and liquor stores (subject to appropriate
entitlements ) at a parking ratio of one space for every 200 square
feet of building area .
•an:.Ja' bee;, oard o oA *Adiva too at0Wden�ie8�tis
s Permilg -'S 'rid'!'Cna "Esciption: wa: Sh,ae Vdo
er
17 peter a 1�t +tab "stebject lo�cation sitaloneg.,with tques .
to� at"�t�'a pices• is'trriu lof,.t".1 12 • r ui items Z
-�.C2 gst
Several residents testified at thn hearing in opposition to the
proposal . Among the major concerns cited were increased traffic in
the alley, loitering, double parking in the street, and
incompatibility of liquor sales with the surrounding residential
area . Several letters were also received in opposition to the sale
of liquor . Three people spoXe in favor of the proposal (see
attached minutes) .
The applicant submitted an appeal of the Board' s denial , along with
254 signatures in support of alcohol saes . Since submission of the
appeal , approximately 1 , 500 signatures in support haw b"n
submitted.
taa►Sd ��r� - d/� /dy -�- �'fg►S2d)
r
tts . Reidso Coate.- ,s that the City cheftled so4iaag as his pretty
89tor he "lied a permit to build a store with inteations of err etas
alaoirai, tberedy Increasing his packing :e�qui:eraeat aa+s Croats a
hardship. Although the City did initiate a some change Caen CS to
C1 other the applicant bad pulled building permits sad aterted
construction* the revioua 0 soning gall► allowed alcohol vales if
tube use Cawplird wrtb Ci standards . The approved use permit (Use
retalit Mo. 85-14 ) bad a condition which clearly stated that a as*
permit .could be required in order to sell liquor and that C2
Starndards would have to be complitJ with. Therefore, 12 parkleg
spaces have always been required for alcohol sales , as was
reinforced by the condition of approval for Use Permit •o . dS-24 .
the appellant also contends that granting of his requests would not
constitute a grant of special privilege, because other restaurants
and liquor states in the vicinity operate with less parking than is
required by Code. Many of the exwsples cited (see letter of appeal )
are existing legal non-conforming uses which, when expanded or
recycled, will be required to Conform with current Coder. Several
other businesses cited are in the Downtown Redevelopment Area (China
Yak, llossotti ' s, The Shod , Pate' s Mexican rood) and have ogre" to
participate in a parking assessment district when forme!! by the
Redevelopment Agency, to provide the required parking. Eldon liquor
leases the adjacent City owned lot for parking . All now structures
or uses, such as the appellant ' e, are required to conform with
current panting standards .
xn~ a...lettev-submit t— xk;-Apribj,I5, 19 the, appellant, '�s
!representative rtatf�,that ANC;,rorm 253 (see attach*d) s34ne br the
(City, ie liarcti►.=iq�S' ie�licates-that alcohol. salrs�aYe;a_ptreaitted
%use Theme o' rm signed by the City does boO grant
autowati apet�aissia or. alcohol sales,. -. rt statasctthnfsk(-that
mulch asler. wets*air! _ �dinrthet+,�,3, son%subj •ot"-to..administrattive
terrisa+;,, 'a r :, uld�iirre Chad:,taam�• coup I ;wi th4.C2 ; lit& ids.
i.The• •pgatlteat's' 4s Rtor dots note �t_,�tpeiewsr�ine616C. "
.. -ram.
IM
�,► Moe��._.�.. �"n... . . _. •.iO..•. w � ..w�M�.•
St L.retaemrends_ that&. tb*. planning Commission uphold..the board
Zoningl�l+dJustment s denial_ and _den the appeal based on Os
followete ' lindir�gt" �r _ t _ _. ... w _
?AL QMTTT log
dtcause of the site, configuration, xhape and lack of unique
topographic features of tip subject property, there does not
appear to be exceptional or extraordinary circumstances or
conditions applicable to the land , buildings or promises
` involved ,hat does not apply generally to property or class of
uses in the same district . The lot in question Is of requlsr
sine and shape , with no unusual topographic features .
2 .. Granting of Conditional Exception No . 67-1 would constitute a
special privilege inconsistent with limitations upon properties
in the vicinity. Now structures or uses are required to
conform with current applicable codes .
dtsff Report - 4/21/87 -4- (78934)
'. 3. Recoptiosal circvwmstances do not apply that deprive t Bret
property of rivileges enjoy" by otlmot properties i• tbo Isest
some clessif cations . The alrpellant' s esistifte prwwry merlon
Can Continue to operate$ Imomver sedition of a anew rise (alcohol
sales) requires compliance with the current codes .
' W . _
mot_ nezas
��...ww�w�.�l �ww■w
W
ti"
. , The establishment , maintenance and operation of the use
( cicohol sales) will be detrimental to the general welfare of
persons working or residing in the vicinity. Additional
parking required for liquor soles will not be provided,
Creating a traffic hazard at the intersection of 17tb and
Oliveo and in the adjacent allay,
The establishment , maintenance and operation of the use will be
_ detrimental to the value of the property and imptovotonts in
the neighborhood because liquor sales will generate additional
commercial traffic in a predominantly residential •yes.
WTI. On-site parking
and circulation are Inadequate to accomw4ste
l.••• the additional traffic generated by alcohol sales and have the
potential of creating a Congestion and circulation hasard. The
appellant currently has an existing grocery market which can
continue to operate with the existing parking ratio.
11 a.,�.. tMUT?ATE A=ZQft:
Overturn the board of Zoning Adjustment ' s denial and approve Use
Permit No . 86-94 and Conditional Exception No . 87-1, based on
findings and conditions of approval .
ATTACIMWJMS •
1. Area map
2 . Site plan
3 . Letter from appellant dated f'ebruary S, 19a7
6 . Letter from appellant ' s representative dated April 14 ,t 2987
S . board of Zoning Adjustments minutes dated January 29 , 1987
6 . Old Code sections for C3 and C2 zones
JWP :LP:kla
i
Stag! aepott
DA2 IRL C. CARLIrox
A"Ge"e v w• Lsw
s.� •r , ��..•ts Aim •eOM ss..s:�.r.s .•« .s,.«� i
•u.tt Sol
cv*rA Una&. CAYPOWIA
•1•41 a... •ao
i
April 140 198?
Planning Commission
City of luntington Beach
Wuntington Beach , California 92646
Res teidan Appeal of Board of Boning
Adjustment ' s necision of January 26, 1987
onditional EYc• tion No 87-
Gtntlesmtn:
This office represents Adel M, ieida.m in his appeal of the
referenced matter .
Enclosed herevith for Your consideration is ABC Porm 2! 5,
Zoning Affidavit , which the Planning Department of ■untington
eath considereain Match , 1985 . Please, note that even before
development of the subject property, tho City indicated to the
Alcoholic Beverage Control that the appropriate Boni" allowed
for out client ' s intended use of a 7-11 type stove , and that
ntither a conditional use permit nor a public hearing was
necessary.
For some reason, Mr , feidan has unnecessarily had an uphill
battle in obtaining from the City permission to $911 alcoholic
beverages, poraission which had already boon granted pursuant to
ABC Porm 255 .
Please consider this a supplemtrt to Mr . loidan 's appvral , so
that this issue can properly be addcessid at the appeal boarLaq
on April 210 1917 .
If there are any questions or further i3sues to be rs"lvod
in this matter , ploast feel fret to contact as at any tine before
the bearing.
Red ttuljy,
MOUL C. CAALTWO
q�lwata
ZONING VFIVAr1 T
1 . Ap►pliatnt preraiaes are aorled: I
ll ate try 1.e. , relal "NO Wesidentia, VEG.,
�. Does zerin4 permit intertided use: Yes _ !to A l OF AN!
Conditional Use Permit (C.U. P. ) needed : lea !so
1
It yes: Date Conditional Use Permit Application filed t
�1. and phone n.e,ber of Planner' contacted at Plannind Depert t: J
.f
are hone umber
Under the penalty of perjury, i declare the information in this affidavit is
true to the best of ■y knowledge. I acknowledge that any raise or misleading
Inrormtion will constitute grounds for denial of the application far zhe license
or if the license is issued in reliance on inrorestion in this affidavit which is
false Or alaleading, then 3ueh information will constitute grounds for revocation
of the licenser so issudd.
lb
314ned:
Date: - —
FOR 59PANTM UH NET
C.O.F. Approved File / DMied
i
If apprewed, WWI"iw date: - -
��y w
dies ..
Adel N. ioidan
. . 12262 Patterson LaAe, 11
runt i ft0on ieaCh e CA 92940
.1un'a�i►s.ti ��::� :: !-•.. Febcuscy S, 1917
Planning Commission
City Of Muntington Beach
California
Res Appeal of Board of Vininq Adjusteents' Decision
January 200 1917
Conditional Exco t o 14o, 7-
s• Permit Sol
Gentlemen ,
Adel A. Zeidan , Applicant for the referenced requests which
were denied by the Board of zoning Adjustments$ hecaby app"ls
ow
iaased on the following gxoundsr
1 . At .he tin* Applicant purchased the 401eCL p[opecty in
1984 , the *oning wax C-3 . Applicant obtained a building permit
in Msrch, 1985 and started constructio • in Narch , 1944 . On NAY 1
21 , 1986 , the City of Huntington Beach ctbanged the zoning foe the
subject property to C-2 . At the time of purchase Applicant
intended the commercial property to be used is a full-service
mini market , apperwer lately zoned for such at that time , and for
the City to change the zoning thereafter would constitute an
extreme hardship on Applicant , as well as prejudice Applicant 's
business opportunIties .
2 . Although a condition of approval for the building of
Applicant ' s sini market was compliance with C- 1 standards
regarding the sale of alcoholic beverages, Applicant was assucad
by ef,ty officials that having a liquor license would Mast affect.
the general retail as-poct of the market . In fact , the city has
not done any feasibility studies on the additional traffic
probltma associated with a liquor store is opposed to just a sins
market . The true fact is that the addition of a licenser lost the
sale of alcoholic bervera:ges would not create any additioaal
traffic hazards ,
2. Contrary to the board of ioaing Adjustment' s f L*d1
!oc d+enial # i .e. , that the granting or Applicant's regv*st "nil
..•onatitute a special privilege, the eumt oppoeite ""Id gawlt
if the request is 4eaied. I" city boo Ic"ted sawms
basixosaea the eight to sell alcoholic bmMc40m, 0"s tlnmb
Voce available. sisme •il tbw wr Maims 4
a . like dardew sale Orecoc Marko%, Sii 11th
itree%I boor and wise 1teem saran to &Mt U
psrklaq facilities - &be city priated the wrb frees,
allevinq for 24 sisate Packing.
b. VeateLde Market , 117-11th ste"tj lull
ligverr IM parking facilities - green curb.
C . Steve' • Liquac , 200 rcanMlutt arenaer li og
lice&so approved in appcosiratsky 1961l Parkr=
gtten curb in Front - yellow curb on last air.
d. Oe44-h Cate , 124 llth street$ on Sale bast and
win* licenses n packing facility.
tt should ho noted that the above establishssats ace Not in
cos"ecial areas , but rather in casldontial areas, as is the
subject property .
e . Sidon Liquor , Ili Pacific Coast ■iglnrart IM
packiaq .
f . Pecgs , 117 Main stcoot i on sale i ig%lor i 20.
packing . ,
` q . Cr, na Kok , 207 Main streott an sal* beer and
wine license sine* 19861 pS parking .
h . Mottotti ' s , 412 walnut Street % on $al• beet
and wine licenser no parking.
i . The shed , 210 Sth Street : on sale brit and
vine lieenset no parking .
j . west Coat& Mexican Restaurant , 119 Main
Stcoeti on sale beer and vine license since 1985r no
mawbI
parking .
— k . Pete ' s Mexican rood. 213 sth Streets can Salo
beer and wine licenses i packing.
It should be noted that the list tour ( 4 ) establiihwrnts ago
restaurants , which require sore packing toe custaerecs tMaa a tact
service ii.ai sacker such as the N*lieant 'a.
rheco ace "or other liquor' stetem in lentiN tsa ioaahr that
do "t have appcopciate packiug facilities, to Sea limot•s
regwst "old# in reality, be a QOMtravelnties of tbo airy'•
prorriewo plisses.
{
0
! . Anothec finding foc denial was otat the re"erit world be
detciaental to the orleo of the Peopicty is the SeLl orbMde
Air 9"ili4c Vim ■untiadkoa ioaoh oao attest tmt pCopenj
valves. eopoc i a 117 in tke sub jert ape c tI t• a*M i bave bow
rapidly appreciating and the aestttie f4140 or the a0
beildiaq, eahaticing the eelyliorhood, to beyond •c9a06nit .
t. Another finding for denial of Applicant' s cequeot WOO
that it would be detrimental to the ganetal welfare of #*cocas
working or ceoidinq in the vicinity . This appeal will be
I aupple"atod by a poll taken by the people who would be allSCtOd
by this coquest, and it will be obvious to the Co &$Sion that
Applicant ' s coquest is a viable one which will farther benefit
the neighbochood .
it it therefore requested that the planning Coomisefoa
wpprovo AppliCant ' s toquents since escepttonal Cicou&atatwcrs do
exist to Juctify it and a denial would result In an estrenr
prejudice to Applicant .
no$pect fly submitted,
G �
ADEL M. ZZIDAN
PO
C09SO4.0�O '
i
C a • t1�itL �t�if �lt!'a:G'C
S . 99�0 G.:arosrY �w tseess 9►istetcc ���'
3 , 9452 Sustsaso Ot fless
S . 94i3 Specific &"Unseen
S . 9454 URes Subject to Conditisaal {dad Permit
S. 9436 parking LMuirammts
S. 9437 Yard Ne"tra■efrt s
IL blo GAUral AUSIMAS 0111rift: ft Hans pro-
vis ta" shall apply ta tbe C3 bistri4t:
r
Usti radit cod• Awy tyros porwAt tad is the C l s Cf G inf Sat•
except hospitals s co"6141kest fr 1 i Mstitsf t R lrwMr.
Sri say Uses r"rieiM$ approval of toy tip Cis ALUd C4 districts
s � '
TM aces net c-at to 'Sect ion %52 and 9433 still he permIttad irs the C3 district sub-
ject.,
to approval of an aisiai s trat ive review appl icat ion r7 the Saw I leaLnO
tid y wr teat• . ( 1350, l bO2 - 9/70)
9.„ 94. lHijaggg 0ff1.,g!. offices of ptsoon anemeW in beebweaw. profas.ioao,
or trades .. (443)
I&J Ic Jun ieiesor; Subject to the twther prow low of this Art is tie s
the following businesses are persrittod: (1549 • 1/?0)
AW itor irs
Automobile Parkin;
tatber Shops
Sokery►, retail
"Out? parlors
Malt Of S tat iawary Stores
Carietst Spa
Cha rents
Clothes A@omy of P reasied tstalel ishment
Canset~oriss rni Strdioes but not Mati&n pietors Stedios (1196)
OrorMaki ft Mw fs
Drug Steers
Ory Goods or peeioas Stoteis
soli het Stems
nortee
oat+�.t
f sty ire�tez �ar�s
M OW ftPiSOMe or-ones (96101196)
400
wMa ad fts- soon
ter sm� am NOW" •��
!y
1�I�te�riphOr
p 1 ruing SIMpp's .
Printing Shops
A+dia Sates and Aepair shops
W% wrents, Cafes
Shea Aepair Shops
3heo Shops -
Storage of goods enc i o sOd within a building, but not General W rusts
Tailor Shops
Theater's
Tire Shops
Trade Schools
Undertaking
Usr►d Automobile Sales , but it shall be unlawful to store or offer for solo on any
used tar loty any vehicle which is not in condition to be 1e"11y optrittd uW
any California State Highway . (495)
S, . 9454 USES SUBJECT TO COh0ITINAL USE F11PIT. The following uses imay be per-
m i ttia I
subject to issuance of a coAditicrAl use Vomit:
(a) Unclassified uses pursuant to provision% of Article 933. ( 349-1/709 1AS3-6/73)
(b) Adult entertainment, as defined 1n Article 97S. and subject to the reguiations
contained in such article. (2522 - 11/81)
S. 9456 Off-Strut Parking. All uses pvvitted in this District shall provide
OTF--strLet parking at the following ratio not witastending Section
9793. ( 1022 , 1340) i
.J ( a) Reta; l Stores - Including Comercial and Pt omi 4%-vics E tabtis s. One ..
•1 0 -street parking spaces be providedor each square 'Feet o gross
• ''4. floor area within the building , or major fraction the and a+e err-sheet
Z'' parking space shall be provided for each WO square feet of land outside of a bui 1 di ng.
' Y or major fraction thereof, which is d*voted to sales . ( 10220 13a0)
: W Offices - Including Professional Medical and pgntil Es bit y0irovided
One off-
_..�.'.. ..
street parking Space shall pbe por eat square t+t ross floor
area, or major fraction thereof. ( 10229 ) 340)
= ( c ) Repealed - (Ord . 1853 - 6/73)
( a) Bars Cates Restaurants Mi ht Clubs unch Cwnter &#W JelinAll . Oft
off-street corking space, Shall be provided or sawn Wt Of ,+roes
. floor area , or major fraction thereof. Additional off-street parting W&Cis $Matt
W provided for establishments with dance floors at a ratio or ON spite for Nch
So square feet of dance floor area or major fratti00 thereof. ( 1022. 1340)
. - (r) 140101s and Mot 1s. One off-street parking space shai1 in provided for each
bedraw or Suest rooms pius two off-street parking spaces skill be 0MIded for
tto resident manager or owner. If three or more beds area provides Is a r*W* 000
100 sgwrt feet of gross fl aor or" shall bf can i dered a g t easel. O .1104.134)
(r) . a off-street pwrki r4 •poke shall be pn�ovt del �r 36
V� rea grast floor or" or Wor traction birereefo, 1n rem UM f6r
0194. 130)
y
y
s11e6 arm--to and ums of all perk1#4 left e
$Mari t am 1i Article lit. (11")
A.
1 .i. ..,,•Z
-On' 010016=
All pmvUL=s bw iottont"mQ pasbLr tirll be %sooW v6d" 30 low
of to premiss* it Le iWaM&A to , pmwu" "* cof s
1fkU% tas L 11tY 1r aMr tlwr ado@ ►i* tier "M"" Ir"NO as
�.... � MY U" P*Mttt*d to tMLr Dirrtgitt carry► be aft ftM OW OWN
WUS4 r*"tr ti, /r"I&A dw pump rtv wpm 0 asm on 40
4 1010" to v;tMio the hSWO&MISO at a PA lis 1T +tir[wLatdo cal pw&ue 4LOWU t
am !'Anbsr "Ww tMc 6414 Hai iiatsfist to fit" t" MUM "am"
Sho wftld stterriN M tgg4Ls d by OU Artislt tar all sw *rat
within N"b Pau" dirtritt. (1=2) .
All yards shall be us"Ured Ina UO OM OU"
prop rty ilnrs or lsaa 00 uIUMOtr rigAt-otyurV Hats dim by
Article 973. (110I, U"-2l77)
I
[rest Yard. MWow (1104)
A. ILA$ Ud. (1104)
(1100)
t
1. !4►S 7_.2. 2 J R91110r 1&- Yir'A, Now (1104)
ON
w�
�I
1
1
, :
Anna& 963
Am INIVIM
SUMT Aloft Wei
Is, "331' ! i
pMOW At1 awes i! an Cl distriitto se"dor
With Mass vess iiMOrd"A is osItt#M1s ".3 tbt+sh
9430-St SWI be !OCW t ta# is tM C29 Crsresertr#.tT irsUMs M K49Clss t 0*044 tO
sOMe1 of 40 abaialstrative Mdow ap►VUQ*tlm by the Nord tr ISO
#Ajeats+rat s. (1029. 1106 1 1194 1$49-1/70 t 3454-10180)
Tbs fallmir.# rstsll stores slwal be ponritt#4t t 1S32t
A. Autombiie *Aloe sgoacteog with iocideatal repairs and service.
Autsesbilt accessory 4*.41 rrs
i. ukerttes {not more than seven (7 ) seployres sad with •11 Swds sold *a
� pcsrwises�.
Sityclo "let
hoot awd srsrine supplies '"
C. clothing stores
0. Otpsirtmat stores
i. tlsctricri supply shops
p. peed sad iusl stores (eatlrely within a Udldlag 4*vcttd to tatsll
Florist shops
Pffs feed 10441rs (rttall "Ir)
Paratteere stem .
k. Heed"" a stores
Lae at 40o be as Wait t espse it.* to five t�) :�e►s l. z}
JONUF *two
810F1tD Of ZO" ANJOHIM1116
V " OF HUNTOGIM MACH-CAUPONdk
� � R 0� BQK IM•�pi�M �
111RffiltP�al1�-�!1
Us PVtr NO. 65-14 (CONDITIONAL EXCEPTION NO . 25- 141
Applicant: Frank Mir jahang it
15559 Graham Street
Huntington Beach , California 92e49,
Request: To permit construction of a convenience
:narke,-
Location: Sub ject property.: it located at 301 Seventeenth
Stleer. !,Nr-.• rhwesf_ corner of Olive Avenue and
Scventeer. I. S tree L )'
Date of Appro,:al . 19AI-3
Dear Applica::-- :
Your application was acted upon by the Huntington Beach Boari of
Conine A%1just:ments on March 20 . 1985 , and your request was
Condi tlonally Approved .
Under the provisions of the Huntington Beach Or,l i naince Cod* , the
action taken by the Hoard of Zoning Adjustments is final unless an
appeal is filed to the Planning Commission by you or by an
interested -,.arty . Said appeal :rust be in writinq and must Bret forth
in detail the action and grounds by which the applicant or interested
party deems himself aggrieved. Said appeal must be accompanied by
a filing fee of One Hundred And Sixty-five Dollars (5165 .00) and
submitted to the Secretary of the Planning Commission within ten ( 10 )
days of the date of the Board' s decision.
The last day for filing an appeal and paying the flying fee for the
above-noted application is March 30 , 190S .
provisions of the Huntington Beach Ordinance Code are such that
any application b*ccae• null and void one elf year after the final
approval , unless actual construction has begun.
e�
•� ;;
vs• rarrit No. 85-14 (Conditiona.l Ixception No . 95-14)
Na arch 200 H t S
Pa" Two
7 DING! rOR APPROVAL $
1 . The establishment , maintenance and operation of the use will
not be detriswn to 1 to:
a . The general welfare of persons residing or workinq in the
vicinity;
{ b . Property and improvements in the vicinity of such use or
building .
2 . The granting of the use permit will not adversely affect the
General Plan of the City of Huntington Beach .
3 . The proposal is consistent with the City ' s General Plan of
Land use .
COND I T I O S QF APPROVAL.:
A re isc,: si • �' p'_ar. shalt tie submit. e,, •iepic•. ir.•1 - ►�,� :�o�aifica-
t Ioris 2 e s r 11Je?,i he-e i n :
a . foo' ; 25 ' i corner cube: : .
? • ih= s approval, is granted -.o establish A Irocw. ry marke!. .
„lcoho l i,: 1�ev erage sales are not perrni -: ;ed without approval of
a use perM: • in compli.anee with C- 2 s •.anvlarr:u .
3 . Prior to issuance of bui Leung permits , applicant shall. file a
parcel War consol .dati ng Lots I aml 3, ;A lo•_-% 317 , Hun" ington I
Beach Tract 17th street Section . Said sap shall he r•.corded
Prior to f i na l i nspec! ion .
4 . prior to issuance of buy14ing permits , the applicant shall
submit the following plans :
.�If a . Landscape and irrigation plan to the Dopartment of
Development Services anJ P-4blic Works for review and
approval .
Rooftop Mechanical Equipment Plan . Sail plan shall inch-
catt scrteninq of all rooftop mechanical equipment and
shall delinoste the type of eaterLal proposed to screen
said equipment .
S . gpecial architectural treatment shall be provided on the t ►sr
building wells . Such treata*nt is subject to._approval by th*
tlepwatts of of Covelopment Services .
4 �
Use permit Ao. 95- 14 (conditional lxception No . 55-14)
March 20 , 1;85
le"• Three
� . The development shall comply with all applicable provisions of '
the Ordinance Code , Building Division, and Fire Departawnt .
7 . Maximum separation between building wall and property line shall
not exceed two inches ( ?" ) .
S . All signs shall comply with Article 976 of the Huntington Beach
Ordinance Code .
�9 . Low-volume heads shall be used on all spigots and water faucets .
10 . All building spolls , such as unusable lumber, wire , pipe, and
other surpl 'ls o,- unusable material , shall be . isposed of at an
off-site facility egliipped to handle them .
11 . Tf lighting is incl-ides' in tte parking lot , high-pressure sodium
vapor lamps shall bo? users. !cr u,,ner y savings . All outside
lighting sha : : bo, -iirected 'a prevent "spillago" onto adlacen-.
proper- ios .
s t 1 .. s ► . .. re-7� 1: . � '. etc]: : S�"i : a`i d. c9 . � � � a a�t3i1 ..�` •`.J2'r'�.:JC! �� at18 ��l.e':l
�O: -S :.�.'jl : •_ � : . his analv.,; : s sha 1 .c ::1::c' c sl - soil
sanp. in i :i'. .a4ora ' ory fstS 0f =.I terIa : t_t? Pr,).,i !e
die, a: l,_�i r•-_or..•nv n0a i nns rera r ii -1g gra!: i rg , therm �.a 1 an,.: 1. i 11
properties , founda ' ions , retaining wally ,
13 . if foil " ? : nSulat. lon Ls to Ile' ::s,'<! , a fire? ro. tardant t• �
-: r" 1'�
shall. be installed as aprro vA by ,_he aui lding Division .
The Department o ! Develcprnen, Ser•:ire.'s wil . perform a crmprehensive
plan check relating to all Ordinance Cod( ., req'.ii rer tints upon submit-
tal of your completeI scructur,al drawings .
Please be ac:vi sea that the Boar,! of Zoning Ad;list.ments reviews
the concertua 1 plan as a basic reuest for entitlement of the use
applied for in relation to the vicinity in which. it is proposed .
The conceptual plan should not be construed as a precise plan
reflecting conformance to all _lydi nance Cole ro.qul rements .
It is recowtended that you immediately pursue completion of the
Conditionx of Approval and address all requirements of the
Huntington Beach Ordinance Code in order to expedite the processing
of your total application.
y
N
l
Jp
UVO ftait No. IS-18 (Conditional txCeption ha .
""ch 300 loss
! rover
t MrebY Y certif that use aera►i t No. 15-14 was approv*S by •tM
Word of toning Ad j us tnents of the City of "untL ngton peach,
California, on March 30 , 198S , upon thi foregoing conditions and
citations .
r
Calf rey , Secretary
Board of Zoning Adjustments
GKV13 h .
i
I
ply • Vd
minutest X. s. soatd of toeing Adlusuftnts
Jonesry Yf, 1987
to"
t#laww ttticar !a. S 1-1
V MYT 80. 84-94
! To permit f ive (S) parkinq spaces in lieu of the
regs r ( twelve ( 12) spaces .
l 11slT: To permit the sale of beer and wine at an existing
miai-racket that is nonconfairming for lot sia• and setbacks .
Subject property is located at 301 Ssvontoonth Street (Morthwost
coiner of seventeenth Street and olive Avenue) .
This request is covered by Categorical tte"tion , Class So
California environmental Quality Act , li"it .
Ifs. Phillips reminded the board the original Use Permit covering
this mini-market had been approved in 1955 . At that time it was
covered by C-3 Zoning standards but the Code has reeks changed it to
C-2 . The applicant now has a building which is nonconforming got
thn lot site and setbacks and is asking to sell beer and wine at the
location . He is also asking for a reduction in parking spaces from
the twelve ( 12) which would tie required to five (9) which be
currently has at the market . There is a • ve toot ( 311 ) wide
landscape planter instead of the required ton loot ( 101 ) and the
market was originally approved for cal a grocery market with no
alcoholic beverage sales . Notices w*re sailed to surrounding
residents and Staff has received several phone calls from neighbors
t:pce*sing concerns . Staff rvcowm+endad denial of both the
Conditional Exception and the Use Ptrwit .
The Public Hearing was opened and Dan Carlton, 699 Town Center
otive, 0301 , Costa Mesa, stated he was an attorney reptesenting the
applicant . Mr . Carlton said the applicant moo4ed the parkine space
variance in order to sell the boor and wine at the osistin9 market .
He added he could not understand where the autowobile traffic would
be much woes* than at pressst because it was a neighborhood-t
market with mostly *walk-in* traffic, and there was •ether 1=9
store within two blocks which handled most of the be►seb traffic*
Mr. Carlton further stated the applicast would maltot the location {
to sake auto there was so loitering or littering.
us . rhAlips stated letters bw bema received is opposition to the
pte ject WA *he would Ilk* to read thiiem Into the R"irt . Daryl �
omits said the wariss could be COW and the lettitr Or14 be pet into
she file for refetesror. flea O"Irey sold be +fieid like to at le"t
wise that tea**" got 4bjectio". IN. Carlton status he Nt1+d be I
coweigned 8WWt the letters Madge radar a part 0 tM him
r ChM Vhpl# I** bid waitron tier once ■it prMMt to aw
Awn
.gyp+ wave? -
AWL
_. � r
�)041W '
Minutes ► N. a. mowed Of ieALQ9 Adjut.tments
January 26, 1947
Paget 9
for rebuttal by him. Mr . Saith reminded the attorney these notions
ware sant to surrounding property owners , but this did not disallow
stone else from speaking or writing regarding the pcojett .
++andy Hanker. 218-0 tightaenth Street , axpressed concern about the
additional traffic which would be generated in the alley adjacent tc
the market and hAr property. She added ^eople going dwn
Seventeenth dtroot to the beach would be stopping theve for !seer and
wine and cost ins;ing on down the alleyway .
Kenneth J . Golden, 1717 Fark, said he was an attorney representing
the owner of the liquor store mentioned `areisr . Ma said Mr . Zeidan
had been aware that he would not be allowed to sell beer and wine
when he was issued the Use hermit for Construction of his building
and he should not now be allowed to change those restrictions . NO
further mentioned how the liquor store owner had obeyed the Boning
cestrictions regarding parking, landscaping, ate. , for his location
and now Mr . Zeidan was requesting special pri►ri► leges which would
give him an unfair business advantage. Mr . Golden asked that the
Scard deny the applicant ' s request .
Another resident , Prank Zappa , 226 Seventeenth Street , said the
attor : ,•Y for the applicant did not want the litters read; hawerver ,
Mr . Z � ,. ,�a added, the notice he received had stated feelings could be
expressed in person or in writing . Mr . Zappa continued he had
rearranged his business schedule to be present and personally
express his concerns regarding the parking deficiency. He stated
proper parking had boon required for the proposed "Pierside Village'
and other now construction and the applicant should not be granted
special privileges . Mr . Zappa added he had not boon aware that a
market was goiaig in on the lot at the time it was being constructed
and had assumed it was a residents; but , he had since learned to
ch?%ck on new construction and not make assumptions . Mr . Zappa added
he did not feel the beer and Mint sales would benefit the
neighborhood .
Kay Socajphine, 509 S,oventeeath Street , reported that the Alcoholic
leverage Control said the applicant had been granted a full liquor
license and not just a beer and Mine licenser. she expressed concern
about drinkinq on the *non-alcoholic' Mach which the City bad just
taken over and noire which would be generated by people leaving car
motors running while they trade their alcoholic purchases .
Paul Columbus , 305 Seventeenth dteaet, stated he owned the office
next door to the market . No said the applicant was asking for
special pt i vi lepers for himself . Mt. Co lwabius addend be did not see a
provendeeconco for granting the variance wban theta was anotbor
facility (liquor store) so closer.
G• ZE
-S- 1rSS�'S9 - sSJI �
i
0
Mtnut�s, N. i. $*Ord Gt sesiwq Ad justawt•
January 2d, ltsT
ltgty fc4o an, 222-A 6ivhtoeath street, reiterated the issues
CORCefaing parking, loittrisq , runn#nq rioter• , etc . s and obj*Cted to
allowinq that variance.
Richard Doran stated he lived across the street timer the facility.
Ife said the socket ilcoady gtootated a good deal of traffic, that
bottles and other debris are thrown on his property, and the five
( S) parking spaces which the applicant has axe vec7 hard to gat into
the way they are positioned . He added that the rc3f of the buildinq
extends over the sidewalk and there is not the requited five feet
( 31 ) of landscaping now. No did not feel the applicant sbo•rld be
granted further variances .
Mika taidan said his fssily had built the structute at a cost of
over one-half million dollars, they had worked an it fifteen to
sixteen hours a day, and had built a very nice building which was an
asset to the area . He added many of the neighbors had coamnted
that the area was such safer with a store at the cocaer - that they
had previously been afraid to walk along the street . He stated they
+ould prevent any loitering, there would be no handouts , and they
Mould keep the store area clean and nice.
Michael Alley said he had over twenty rears experience in t%e liquor
business and the Zaidans presently had a good business with--, a nice
building . He added the Zaidans had received permits ftoo tr,;: city
for their building and his recoewandation was that the Board grant
permission for boor and wine sales at the establishimat .
Mike J . Morelli , 405 Fifteenth Strait , stated he had been going to
the market since it first opened and that* was no apparent parking
problem - that the lut was newer more than half filled . He added
that he lived more than two blocks away but had never driven to the
market - he always walked . Mr . Morelli said the market should be
granted the liquor license .
Adel Zeidan, 18382 Patterson Laney, 81, said he had walked door to
door when constructing the building and the people had welcomed tho
opportunity to have a market there. He added that at least
eighty-five percent (fs%) of the customers walk to the store and he
did not feel packing was a major issue. Mr . sgidan costifltiod that
the building had been approved by the Building Departments Lire
Department and saf<<;,ZY.
There was no one *144 present wishing to speak for or against the
project so the Public Hosting was closed.
Daryl Smith then asked that the staff fiber; read the letters which
had been subisitted to the 10oard but slot entered into the rocacds
earlier . No 446W the letters had been used previously by Staff and
DOLL
..�' 4WO +
lli test V. 86 9itd of 8"1" "JMst�t•
Jamse
by the pea rd tode t in roe►iewing the reglass t , and be be l i evod %be
applicant and his attocney 000"Id be a*Ntlaod of the Istocastles is
the letters.
UPON WTION ip SMI TN AM 48COMO by OODFM, L#'I'I'MS MW BUD AND
MUM IM MOOD " POLLO IS t NT TO M LLOWN MO'tS:
AYsb: Crosby, Godicol, Krejci , Poe, Smith
Was: Mono
=T: r/oae
"Joseph and Marie Robhun
1991 Lafayette Road
Clacemr,nt, California 91711
Phone 624 - 1792
Aoacd of Zoning Adjustments
City of Huntington beach
Ge/It�e1Mn, .
xn case of Adel M . =oiden (air ) 19282 Patterson Lan* 01 tfuatington
FMach, CA 92648 applying for permit to sill beer and wiaw at the
,osistfnq mini-market at 301 Seventeen (sic) Streot , I JeavPh Itabbun,
ownec of the adjoining residential property, appeal to yE,.: to door '
such a permit , since it would attract wise and misbehavior of
dcunkstds in this quiet, residential section of the city.
Sincetelro
Is/ Joseph Robhun'
*Huntington Seacliff Corporation
Januarr 24 , 1987
Huntington *each board of Zoning Adjustments
2000 NOW St r"t
Huntington beach, CA 92644
Subject: Conditional tsception 67- 1 Use letmit 46-99
Gentlemen:
ftatington Seat;l i f f Corporation Mrges the board to dam► that abo"
a iioatiow and remits got enOptle" Irrow the City$ OdrkiM, lot
i �i. aAd tt It rem l ree t s.
. -�0• 1l�S/S7 - iSA
,
89 904" of SWAft Mbt�Mtd
$&NO a. 1961 �
!ice
we "n"ws the "febtows Coster at ocasys and UPtooth Stcoots•
4" revolts the City to irpse Consistent awelorewt st t" M
all wainesses in the a*ot.
Tout c0141docatiou is Icsatly appreciated.
/w/ W. h, !ilia/ZA
M. A. Ellis
Trice pcesident
tom/� •
36 January 1987
City of Huntington Beach
board of toning Adjustments
P.C. box too
Huntington Mach. Ca►liforni4 92648
Et: Condit - offs I Exception f , 47-1
is t' ni unct ion with
I1�t i ,&a. i
untlemeft:
Ma have mceived notification of the peadinq public hearing which is
schedu 1 ed; to consider the above-referewwd asi Verii t card CH Request.
we wish to go on recocd as Who in opposition of f6 the Cd and UP
Request* • inasmuch as the physical location and rested wve bra
not, in out opinion, compatible. The provision of Not rod Mime in
this' location !Ives not land itself to the Ma1tko sofety aadldr -
weifate of tho neioNwbood said awl# be +apsSi4ir •yset-Mill• bar
view of the tact that this oowoodity (pc preawot) to 4maila ble one
block away at the Corawr of 094arps as0 17th #trMt
oft are particularly Concerned as to the rest step a wart to
the r�u iced sweet of packing spaces. '1+0� a l lays a lrsi Ukiah wi l l
rec%ation
eotial +create additioarai traffic and oot"Otiom is this
Willi alcoaft oaisti wooes cmm"tiys at this
isterieation. At present. the psMf � the iodtl mactrato
creates a ibl iard spte for vehloular tratfio t►gs Ime V as olive
Mean an Iran GeV tofttb Street, As amties in so-aggs 04048e
wewld fnrthot affcav*te as NW&ti aitptiial.
Ip
few
Wi'fte-340 IN• s• 8@41d of 8"440 *Mew
we appreciate the opportunity to express out views as to the
roduostod uses to bar LmmWato molommetw o
lours very truly,
In/ Linda L. Macfarland
Linda L. Macfarland
Paul a. Naefsrlasd
211 loth Street
1luntington Meseh, CA Breit
/lo•
'January 26 , 1987
Board of toning Adjustornts
City of Huntington Beach
P.O. roe 190
Huntington Beach, CA 92646
Attention: Laura Phillip* , ProjeCt. C0oCdiA6t09
to: Conditional tsception go . 47-1
Use Permit No. 06-94
Location: 301 - 17tb Street
peat Ms . Phillips:
t an unable to attend the Public levering schWuled for 1s90 P.M. on
madaesday, January 26 , 1987 in regard to the above petition.
Molmve r+ i ai a h---owrA r at S 2 6 - 1 t to Street and would i i ke to
express cry opinion against the proposed petition*
t do not understand why time City porwitted a aloe-wcket and 1igoer
store to be built at than subject locative. As an i=rdisti atoa
resident, I was Not gives any notice of this cometructioa of its
purpose, Tbere is already a largo mist-1 arket aid UIMV Storer Bt
17th and 4caa", just one block from the nor am. Ibe addi t i" of
anothor one will only add to the oulatiag been Vehicular ead
p mestrism traffic in the area. Additio"l ly, tires Parma$ lot for
the now location has its +ant ranco/eal t to the a l lay► "blob serves Um
rivate re►sidemaw on, lour ome 17th streets. This will lur"We
wrea/i the traffic and comrades to tW alloy for Muck tlrrse is
a l ready encess ive parking of are i6sets care and oil well service
V"Iclie.
--s�z'-`-'
rifts". N. Be aeard dt " a"ems
Furthers l rstand that the City Wili be told te lro *# a
seerby blip beach a><ea aM will brelribit ale:pMa Lit r ea
the beach, It wwld not sew to be in the Cit on t jutec*st to
permit another li"r $toga to be establish" In tree innedist►o beach
sit"0
Tha slubJect area has been primarily a residential area with several
new hots built or in process . relieve it or not* there In so"
pride of a+nership in the area. The addition o! a market sad liquor
store dogs not enhance the area.
Thong You for receiving my Cants
Sincerely.
/s/ Calvin T. Meeks
Calvin T. Make
224 - lott Street
nuatln4tom "&Cho CA 926480
*January pt, 1967
TO W"CM M MAY CaOOMM: •71
1 own property at 309 h 211 17th Street and also operate a business
(211a orth Products Co. ) at 311 17th Street .
1 have no objections to the granting of a parking 'variance to the
applicants . (310 - 17th)
sincirly, (sic)
/s Jack N. 2118 Fth•
Oisnuary Undo loi7
CITY or Onollu m /2ACMr
riamb t or o�rs IlMr $=nr=ac
201010- NUN ITS=
WE 11N = BUM CA•
Mir marry is Da sal tso►. I currently ar live III- lath •t sett,
nomanyten and I veal lmes (via) a MW O w veml trit #"s+o
JOWL
R S 1
lfiautos, 11. 4. pvatd 4f UMiSe AdiUstowt•
jaaua;lr ago 1967
Paq* 14
OA the Cotner of 17th itssst sad the Olfne. I ycgsr your sunect to
4r4nt the Store the sales of alcoholic bevotagn.
?hank You .
Yours Truleyo (sic)
/s/ aaney silcno
Daney SaItno . '
In rebuttal , Dan Carlton, attorney roc the applicant. said valid
concerns had boon expressed but the main issues were the beet and
wine sales and the parking . He s4id the first ladr had problems
with traffic in the alley; however, this was all approved by the
City tngirmeering Department . Mr . Carlton continued that
Mr . 0olden' s concerns were oapcessed because he ceprasested the
commercial interests of the owner of another liquor store a black
away and Mr . Golden was not particularly concerned wit& the issue of
parking . . Mr . Carlton taitecated earlier itatemonts that onir about
ten percent ( 10%) of the business would be from sutombile traffic
it woule be mostly •walk-in' business. He addwd that yowW people
can and do purchase beet and vine, at other locations so this
particular market would not crests more probiem►s roc the City .
Mr . Golden rebutted by saying he was concerned about the ttaElic and
parking situation, as well as, other thinq• . He •aid the City
Council had passed ordinances to require adequate packing far
businesses in the City and he felt one business should not be green
an advantage over another by variances to these tequiremsnts.
The Chairman said the Board had heard the concerns of the •ttorners ,
the tesidants , and the applicants and asked if a motion was
totthcoeing on the request . pout people is the audience asked that
it be noted they had not had an opportunity to speak but had bothinq
additional to mention.
Daryl Smith said that one lady had mentioned that the applicant 's
license was a full liquor license and not just for beet and win*
sales . Mr . tiiden said he had drawn a l ierenee from the lottery for
off-site liquor sales (cram the State of Califormia.
UPON NOTION by SMITH AXD SiCOND NY Cat SU,
no. 87-1 V= toss FM IT 00. d t-!s Mills Dili tom' t1ITN "M if LUNI arts
rtaftstis, Sr Tug tOWN114 VOT20.
:- 17)
Itimateso M• b• Ma rd el &Wag 4d j uslsstrrt s
� a
1 . Because of the size, coefiveration, shape alyd lack or usique
too" raphic gestam Of the subject pCopect , there *No sot
appear to be eaceptioa4l or extraordinary eirawatanees or
conditions applicable to the 14PA t bui-14648 or promises
involved that does mot apply, generally to proporty or class of
uses for the same district.
2 . 1.13*anting of Cohditional tactption No. 87-1 would Coastituta a
special Privilege inconsistent with limitations upon properties
in the vicinity .
] . taceptional circumstances do oat apply that deprive the subject
property of privileges enjoyed by other proportion in the saws
zone classifications .
lDi D�1IlLLag
1 . The establiSlment, Isaintenance and Operation of th• use will be
dettimWtal to the penetal welfare ON persons wrorklag or
• isiding is the vicinity.
t . The establishment , n4inteasocr and *Vocation of the use will be
4etrimantal to the value of rbe property end improvausats in
the neighborhood .
3 . On-site parking and CirCulation Nei WAoquate asa havf the
potential of creating a congestion and circulation bossed.
AYZZ : Crosbr. Godtt*y, trejci , Poe, Smith 1
Son: Mena
J►SSM: None
Glen Godfrey noted his •MD" rote had boon, in accesdomes with pis
vote on the original Use Perstiit Ce fist . Drams brelei sd+f+r4 that
the City had been "up Croat' on the project bad the applicant keen
tram the start his original approval was tort a slut-wicket withovt
alcoholic beverage sales.
Thp was so further business to be presented to the word for their
review*
iTtex duiTOO OF I011AY0 •
i on. 0 my TUR IOLLOwn I
v
to dL
• rr
crry op
i
• r
pil
P.O. lax 1M �Ai.11M�M11rK��
o of txa
sKsMIG srwaasrr MA an401 0"mow 0500"M aem 4@140r
Doee0bo r 6, 1916
Ron tally •
Alcoholic •tverage Control Board
31 Civic Center Plaza
9042 169
Banta Ana, California 92701
Reference : 301 Soventeenth Street
gear 11r . Kelly :
It has come to the City ' s attention that Your office intends to
issue an alcoholic beverage license to the business operator at the
above-x*ntiontd address . Once again the City of Aueetington Bosch
C- 1p.ectful 1Y requests that the license not be issued.
q
in order for the City to allow the ,tale of alcoholic beverages, a
now use pernit is required in coopliance with current C2 atoning
regulations . Inasmuch as thirteen ( 11) parking spaces will be
required for the expanded use and only five art avaLlablo on-site ,
sufficient, on-sitar parking will be the primary concern.
Attached are conditions of approval applicable to the existing site
and a previous better addressed to Your office,. if You need
additional information , please feel feet to contact me.
ecelY,
c '
a� *rci t IC(
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10M MAIN i'T'NEBT �/iLIFi�11K1�►
O!'ICi op TMCTTII CL/1�
Adel M . Zeidan
18382 Patterson Lane 41
Huntington Beach , CA 92648
The City Council.-'of the City of Huntington Beach at its egular
greeting held c r appeal
to the Planning Commission ' s denial of Use Persrit No . 86 -94 iw
conjunction with Qmdition 1 Excedti2n yo . 87- + to October 19 . 1987 .
Please contact the Community Development Department - 535-5271 if
' you have any questions .
Al icia M. 'wen two rth �
^ Ity Clerk
A.4W : CB : js
Cc : '.aura Phillips . Planning Aide
Gail Hutton , City Attorney
Doug La Belle . Community Developeent
Oaniel Cerl ten . Attorney at Law
Imperial Bank building
695 Town Center Drive 0301
Costa Mess , CA 9267. 6
I + i
ptscrry CW HLXYTNYGTON ACH
2000 WAIN STREET CALIFORNIA W"
WPM of TM C$TV CUM
November 2 , 1987
Adel M. Zeidan
18382 Patterson Lane 11
Huntington Beach , CA 92648
The City Council of the City of Huntington Beach at its regular
meeting held October 19 , 1987 , granted your appeal to the
Planning Commission ' s denial of Use Permit Ho . 86 -94 in conjunction
with Conditional Exception No . 87- 1 to October 19 , 1987 .
Enclosed is a copy of the City Council minutes pertaining to
this action .
r -Please contact the Community Develop-sent Oepa Department 536 - 5271
if you have any questions .
AL IC IA N . WENT'WORrH, C I TY CLERK
BYA loe
onn a rot way . Deputy
47 -
AMW :CS :bas
cc : Laura Phillips . Planning bide
Gail Hutton . City Attorney
Doug La Belle . Community Development
Daniel Carlton , Attorney at Law
Imperial Bank Building
695 Town Center Drive 0301
Costa Mlass . GA 92626
rw
h M S - council/Asency minutes - 10/19/67
DiacwsiCA vas held betmWn Cooacil and Assistant City Attorsay Ansbary
regarding arbitrage so it pertains to the Public Facilities Corporation funds.
following considerable discussioms a mottos ens made by Arskine, seconded by
Green, to ina.:ruct staff to notify the Public raci:ities Corporation that
there lu so approved capital improvereat project for the Cestral Library which
eseeedii ils1009000g that no such project is asticipwted to be approved prior
to a*ZL year' s budget (July 1 , 1988) and that the City Council reAfflnw its
Decesbar 1. 198b request to the Public Facilities Corporation to release all
etesss funds to the city as reiabursemeot fnr root previously paid; and to
direct staff to schedule a Study Sgssioo on further expansion of the Library
and funds is the future to do th. +t . The action carried by the following roll
call vote:
AYES: Winchell, !lays, (telly , Erskine, Creen, Bannister
NOES: Finley
AAMST: None
(City Cowneil) - DIM" Cl f CLUK 11 COIi!'6iISAT100 - AtMDM - WXA3 T
The Deputy City Clerk presented a coswuulcatioa from the City Clark reSwsting
Council approval of compensation for the Deputy City Clerk 11 during the City
Clerk' s absence due to illness until her return apprazisately is Deeeaber.
On action by Finley, second Erskine , Council approved the City Clerk's
recommendation that W anie drucK.ay , Deputy City Clerk I1 , ban cospensated at
w'tange 1412 - Step E ( $3,02) retroactive to June la. 1�'k17, una l the City
Clerk' s return to work by the following roll tali vote:
ATZS: Wincriell , Prays , Finley , Kelly , lrsklae , Green, Mmal►ster
NOES: None
ABSEY T : none
(City Cassell) - A?VZA- . TO PC D EX LAL OF US K P88WT 86-94 Ile CONJUIOCT 100 YITN
1 - 00 874 - AFFKOM -
- MEN MUIR Min 813181)
The Mayor annouraed tract this was tna day acd hour set to consider a decision
on an appeal filed by Adel Zeldan to the decial by the Planning Commiaaiom of
Use Permit 66-94 in conjunction with Condittouil Exception 87-1 to permit the 1
sale of alcoholic beverages at an existing convenience market in conjunction
with a request to permit fire (5) pariclal spaces in lieu of tim rewired
twelve (12) parking apace&. A puelic hearlag on the natter was closed ass
August 3. 190.
A communication was received October 19, 1981 from Robert "Ith, Attorney for
Ilppellsst , regardias taw matter.
The property is located at the nortansst corser of 17th Street and Olive
Avesd* - (301 - 17th street).
A notions was sode by ftoklmes, aetonaoh..1f by Wathells to continue the Mrctilen
regardi d the A"I zo l d" apprMl car the de.:sal by the IPIM US cand"1e6 e[ 1
Use heath NO-% in cosjemetiws with Coaditieral iseeptier 87-1 to Oct~ 260
1917. hr &sties fait d by tho taallsolag roil wall voti:
I!
file � �CormCil/�MCy Miiuta• � iG/19/�T
♦TI:: YLSCba110 kokine
NO": pair*, fialey, Kelly, Green, bannister
AAMT t *me
Diat"olon was hold b*tveou Council and staff reSardiog the history of code
changes as it pertains to the proptrty In question.
A motion was made b7 Wincholl, sercoaded by Green, to uphold the Pleasing
Commission "d the board of Zoning Adjustments and deny Use Permit 66-44 in
conjuaction with Conditional Lsception (variance) No. d7-1 wita the fiadlass
as set forth la the RCA dated August 17, 190.
The motion failed by the followiag roll call vote:
AYbS: Wincnell, rinley, Greea
NOES: :lays, Kelly, Erskine, sanaitter
AbSIXT: lions
A motion was made by !lays , seconded by Erwin*, to approve Use torah 6b-94 is
coajueactioa with Conditional Exception (Variance) No. 87-1, with a raised
parking layout of sir, spscea per Alternative W o and with Ctte fiadin,ga and
cooditioos as set forth In We ACA dated August 17, 19M7, as aossded, as
follows:
Piadiaaa far Al2roral - Use remit 66-%:
1 . Thee eatablishment , aaintenance sad operation of liquor sales is
conjunction with the market will not be detrimental to:
A. lbw general welfare of persons residing or working to the vicinity;
b. Property and iaprovements in the vicinity of such us* or t>W14Ing.
2. The number of parsing spaces provided is adtquate for a market with
ancillary sale of alcoholic beverages.
3. The revised Layout will provide sit (6) on-site parrefas Spaces plus three
(3) lisited curb-side parkiai spaces (15 minutes ugly) for a total of
nine spaces whica is adequate for the propc•sed market +city ascilllary
sa1R of alcoholic beverages.
4. The gra4tlag of the Use Peratt will not adversely affect the Ctaeral plan
of the City of NuAtiagtod beach because the convenience •tote ritn
alcoegl salts serves the surrounding residential seighaorboesd.
S. The proposal is consistent with the goals and objectives of the City's
General Plan and Lad Uoe Map.
p for AWsrv+al - Crm"Usm" b'm wism No* 61-11
i• because of special circumetaoces applicable to the svbjeet property,
including rise, location and surrommdimgs, tbo strict ap'#leatio>r at the
ZaaL g Oedinamce is loud to deprive t►e INAject PtOPM? Of prirriUSSO
sa3sy" by other propmrties in the rieiaity and usdsr tdslmtioal IMS
claasifieatiems. ems* sesbject sits is a cormse 1st with Usib i c eaves
MW IS tbOf*foe* qua.
i
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pC� 1 � 1987
CITy OF HUMt1NGSOF B�Cli
Cl� CpUNC1L Or_tot-or 12, 1987
22.6 seventeenth Stree t
f:untin ,ton I4-acb, CA 92648
Jack Kelly, Mayor
City of Huntington h•-och �
2000 Plain Street
Huntington Beach, CA 9<)L'.F
He: Appeal of Planning Commi :raior. ' S 04,civlor:
June 2, 199"
Use Permit No. N6-94 it: Cor.j uric, inn Fitt: Cctil I ti onal Exception
(Adel M. :eidan)
Dear Mayor,
The above A-ofer#!nc--,! ! t--r.. is +iae• t . n'. the r.ext C::y
ar?Ming rchedul-- i or: ��c�t t:c•; ''� 'c�' ' .
As you know, hav t oo!.-� ��cnt!^uc d ar� • rnl ti�ec�.
r lr� 1 i ` n • �: ..,• . a I � >.: . . r. _ t. . I�: ., ,. �r,.. W,)r., con"n" V nark rcredul e: will
,
r:c
permit mv' to li' ?- -rid th '.:+ A-n 5•i': K Div, _ hm vi ry conzerned wws!r the
Outcomo GA thin i:�: l:•!.
I t-, `Ryor Prc and tir mould euppc):'t the!
motion.
::r.re•rel ,
rAnnk
cc: city Ctr:t:ct!
ROBERT L. SMITH �
wrrow..t. �r .Aw �t
6909curr amca F"It
8130 mum er WaRT SUM M
17140 use-!Saw
October 8 , 1987
TO: The Honorable Mayor Yelly i City Council Members
City of Huntington Beach
2000 Main Street
Huntington Beach * CA 92648
Re: Use Permit 86-94 i Conditional Exception No. 87- 1
Dear Mayor Kelly and City Council Members :
,Aa you K:sow , I am one of Adel Zeidan ' s attorneys. He
has asked me to write this letter in connection with the
referenced matt ? r to he heard at yo•,r meeting on October
19 , 1987 .
it was ,uggeste d to my client that he talk to the
landowner adjoining his Northern boundry , Paul Columbus, to
see if the latter would agree to :Hake a common parking lot
out of the.' : of my client ' s property at 301 17th Street
and Mr . Columbus ' property at 305 17th Street , as a
possible :solution to the parking requirements in connection
with Mr . Zeidan ' s request to be permitted to have on
premises sale of alcoholic beverages at 301 17th Street .
on October 5 , 1987 , Mr . Zeidan met with Kr . Columbuu
concerning this subject . Mr . Columbus refused to consider
the above suggestion.
I have always taken the position that there is no
parking problem , and there will be no parking problem if
the variance is granted for the following reasons :
1 . Approximately 851 of Mr . Zeidan' s customers
are walk- in traffic hased on observations made within Lhe
last two months at the 17th and Olive Altreet market.
2 . even with construction goiaq on on the South
side of alive at 17th , with the attendant krucks ,
equipment , people, etc , there still is no parking problem.
-1; 1•
Honorable Mayor and Council
October 8 , 1987
Page
-------------------------------- ---------------------------
3 . The F indintgs for Genial of the vat tance ,
appear to me to be mere conclusions in that there has been
no study made at that intersection to support the findingn
that the sale of a1c,.;hol will t>r detrimental to the general
welfare of persons working or re.-. 1ding in the vicinity, or
a traffic hazard , or the alleged increase in traf f is
generated by the gale of alcohol , etc.
Mr . Ze idan has also as ►vI that I mention that the
retail area of his store on 17th Street amounts to
approximately 1000 square fee '. . The area that would be used
for the display of pac:ka(jed liquor would be 10% or less
tran 100 square feet . He also stated that there will be no
display or sale of pornographic magazines or literature or
use of vidio games at hi :; store . Finally , he has asked try+
to state that if for some reason a traffic problem resultri
from granting the variance to sell 1 iquor , he wi I i
vo '_untaril ), reltrigwish his rights under the variance and
jcease to sell alcohol at that :tore .
;.s I statrid to you at the C i ty Council Meeting on , I
beleive , 9 / 7 / 87 , the strict application of the C-21 , C- 3
zoning ordinances , would in rr. y opinion , creator an
inequitable situation for Mr . Zeidan not supported by the
facts C'ind in view of his sabstantial investment in
acquiring Lhe land and having the building constructed .
` I urge you to grant the var tance at your meeting on
October 19 , 1987 .
Vary truly ,yours , ,
r
ROBE RT L . SMITH
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P-113= MAIN STREET CALIPCONIA 2"
noma OF VW a"Cum
September 22 , 1987
Adel M. Zeidan
18382 Patterson Lane / 1
Huntington Beach , CA 92648
The City Council of the City of Huntington Beach at its regular
meeting held September 21 , 1987 continued decision on your appeal
to the Planning Commission ' s denial of Use Permit No . 86-94 in
conjunction with Conditional Exception No . 87 - 1 to October 19 , 1987 .
Please contact the Community Development Department - 536-5271 if
you have any questions .
Alicia M. Wentworth
City Clerk �I
AMW: CB : js
cc : Laura Phillips , Planning Aide
Gail Hutton , City Attorney
Doug La Belle , community Development
Daniel Carlton , Attorney at La•
Imperial Bank Building
695 Town Center Drive 0301
Costa Ness , CA 92626
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'i�, � �u tyr����y, �r.� : .� �..P�rw.-, ,...,Ir• •',��tiY����.... '.�1. �.�� �,.�� .'r..�� ,7L'�'..a a�'��YC,.,,; .. Y''�� KJll,�t?.�� '.� ��� �� i
Cw rr
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CAIIPOlMA
Septaber 10, 1997
Adel M. Zeidan
19382 Patterson Lana 11
Muntington Beach, CA 92648
The City Cc�mcil of the Cit% of Ikmtington Beach at its reqular seating
held Septe,*er 8, 198% continued dr.cision on yair appeal to ttw P1K+ninq
Cow fission's denial of Use. Permit %. o. 86-94 conjunct ion with C'me.l.t tonal
Exception No. 67- 1 to Sept er%be. r 211 , 1987.
P 1onose contact they Commini t. Drve1 cunt Oepar t"►rnt - 5 j6-5:71 if Ya+j
have any .que„tons.
. 49
Alicia M. Wentworth
City Clerk
AMd:CB: ��
cc: Laura Phillips, Planninq Aide
Gail Mutton, City Attorney
Doug t o Belle, Communi t y De ve l op"N►n t J�
i
[die 1 Carlton, Attorney at Lim
1"rial Bank Building
695 Town Center Drive UVI
Costa Mess, CA 92626
/000
Ir doo
1'It�■�ftM��1 ;,;�
MAiL a► s.#a1tMs� >SCI
LUNrU twas? i 07sR
f!� •:w i�rAeA iCN. CA •tf6 >fCA 92h4 ► I�VwttwoTM 9 :� , CA 9366A
ls oi >t• ti6-��
NWLAN C L9RW9R
123 VIA 6tDry 10Ub MINRY C VAI.KtR BRAN GRdIMKT
i
141111 SANTA CtCILIA 322 14T" Rpomml
saw"Al ocx o to i2 66 1 POUMTA t N VI,T , CA M2 70• HUNT 1NCTN 6Cw . CA 92646
011- tls-46 02 1- 114 - 17
RALP0 N A CHAPL7 '• - BAUER JUDIrm G •ERRYMAN RALPH * JAlwtir�M
its Inn *'tRRCT 18221 CHARTER ROAD ) 2A 1TT • ! i'R1rT
NONTIOGTN NCH, CA VILLA PARR , CA 42567 NUNTINGTII i.:H . CA
627-ISS-09 021 - 156- 10 021- W -01 , 02
A N 116cDONALD NICHARn ropr'HtOMC AONRNT G ^. Pr'IM
6101 RIO VISTA DP 12 ) 1 7TH STNEET ) 14 17TH t'Ri ET
'IC'NTIMOTM Sr.H . �' 1 a:64 7 HUNI I NGTN 8-H , 17A 1 6-64 1 HUNTINrT4 RCN , r_ A
021- 155 - 1 : f)21 - 15ti- 17 0: )- iS ' •
VILLIAM A SANt.! ; J t "MY L F STCI4
2ry7 16tM STREI.T 121 17T,1 ::TREFT 51 NUNTtN(;TCN CMT DR .
MIUNTING1'M DC1I , '--A 16144A HUNT14,:T4 RCII , ,-A HUIIt''►.GTM +711 . CA 91667
02 )- 115- 1 ' `: 2 ) - 15�, - ]n 02 ) - IS7 •^ i
JAN 0 6 JOAN M TATALA DESPA J NITSCM CHRISTIAN 9 RIDDLE
70% 14TH STPEET 32S 11TH STRICT 306 17T11 ST APt A
NUNTINGTN INCH . CA HUMTIHCTM RCH . CA o2649 MUM*tNGTN NCR , CA 92669
021- 1SS- 14 021- 154S -22 023 - 157 -05
`%ULAN C LEPNER JOHN J Mcr.LROY AL.VIN J PRAY
121 VtA LIDO SOV0 127 1 7T'It STRtET P 0 •OR 121
It"FoaT MCN , CA 12661 HU11TINGT', ITCH , CA 92616 NUNTINGTM •CH , CA 97664
)22-156-04 , OS . 06 ,07 023- 11 : -2 1 02 ) - 157-06
0`LLA CASA HAWK J CAURIM RRTOALDO LUGO
206 ltw0 STR9[T 12e 111rN STOZZT 10101 CNAILRT 00.
160"Ing" MCN, to 92649 NUNIINGTN NCH , CA 92644 NU1ITIOCTM KO, CA 92646
072-10-10 023- 156 - 24 01 ]- 167-0•
,PWX A "L5W*1t*8 CALVIN T II5292 Ate"A/0 0 AAN
itt 17" iIRRQt 126 19TN STRrtT 2012E C61U SAN WIND
soms"'I woo CA $2440 RUNTINGTO RCN. CA 97669 sAM "" "Popov CA Olken
N�l�3lA•x7. 10 472-iSi-?� � 0!7-1f1-Ai
, he
cV1ft0JM45 Motel C. CarlUm. Atty st Lori 0CW ftc1fiR librket
M Tom toater Or. Saint 301 301 - INN Str+wt
COsta 00r is. CA OM 11�1wr'tiR*teN fir• CA Slims
.'i'^
sort. r lotsaT i r•some � fii!'d►4R/1 urtTEtb 11TATRS lTtEL CORM �
Ml � ""aI6L C>t• VAX olv:slaw Nt-69 mileage plarORTT
dce CA is
P o sox 471 r 0 N0! 1"I"
`' •�0 VtTTSBUR1:, CA 94S4S lovi a , CA 92t1 i
023 -IG2-12 0�7-1+1=-1R3
•&"#A 1WULLOVGN LUTHER f GRIBNLK LOVRLL 0 SK409010
» Illas"OA AV1louR HEAL t$TATS SYNDICATtO 206 t3TIM ST292?
104 us"t CA 90011 P 0 BOX 4146 RUNT t NGTO scot CA 91048
d11•�l7-11 BALBOA , ^A 92441 0? )• IfS-0?
023•- 1 �i2 - ll
i
PAUL C FOtRTER LUTNLII t GRlrrt.E GRNiVIt11>t N CROSBT
910 � R lOTO STRtRT REAL KSTATt SYMOrCATIO 1. 1492 t LJ111t1soll ATRNVR
Rtltlrfac?N ec". CA 92649 P 0 sox 4244 %;AROEM GNOWN. CA 92640
033-Is1-14 NALV1 A . CA 12661 021-161-01
023 - 162- 14
%Slut Rlf V SNAMMAN AYYAD K GHOSPIAI. J059PN J 000LAN
171r2•A MARrOr rLurr ctn 10391 MONITOR DR p o sox 109
NUNTIVOTN OCN , CA 94'641 HUNT:MgTN BCH , CA 92646 MUNTtNGTOM, IND . 4i7So
223- 161-06 o 1 - 166 - 15 02)- 16 )+04
OONALO L NITHEM 3011 v R HANNA MARY N I tAMf
219 1RTN SYIIEET )O� ? : .1AINGTOU T 14 : 12 U><11Rt0GC
.405Tt11' '4 9CM . CA 1:-;48 �. •,-"►t,� stI(Illf.l. . 'A ?: 6 " Vt'5?!1tNlTtK . Ct ' 2141
:ART M LANSON !!OYD `-�)oprM LOVELL 0 2EHM09R
14180 O>tvoxwooD C. IR 7081) Ht':L1,YW-'--41h PLVE' 01 11A PIC I SYN STRttT
FOUNTAtM VLY , CA 9270A !101.LYWr)OD , CA '000 : 14 H11"CINGTN NCN , CA 9:644
)21.161-09 9 .1 3 - 162 - 21 02 )-16 ) -09 . 10 . 14
rAfJL G IIAcfARLANt) JOSIrpil PE.141ul4 RICHARD C DORM
'2S 14TO STREET 14641 I.AF AYFTT1: 00 224 17TM STREET
�It1NT1NGTN 4CM . CA 9dk 4A Ci,ARf.�tc�N7 , CA 91 ~ 11 HUNTINGTN rCM , CA 92648
)21- 161-20 )21 - 162 - ' 2 02 ) - 16)- 17
!:LOP I A S S'rC`Nr% rRANK t :ArttA
xAt.wN R :USNAN 126 l ATli s'rM E tT
:#t Ir'tti StR>Z11T IyG'CN NCH , CA 92R4�1 = 26 lt1`R >rTtNRiT
NUNt
11MTR 1'w *CN, CA 92648 02 ] - INGTS M 7NTINGTN RCN , CA 91640
323-101-29 023-161-19
*40 0 i JOYCK 2900021 EOMARD A 20VILLA 1[ n
> j�f liT/ •RT1tt!T 221 1 Till fT11EET
1" '1't M OCR. CA MUNTtNCTN rCN. CA 92649 4V
1�f•IOd�OT 02 T�1•r-2 4 �}M�1�/11��1b
y
M
30
1
■mttaq raw , CAN► $2646 .
September 3 , 1987
TO : The Honorable Mayor Jack Kelly
All City Council Members
City of Huntington Reach
2000 Main Street
Huntington Beach , CA 92648
Re : Conditional Use Permit No . 86-94 with Conditional
Exception (Yarsance) No . 87- 1
Dear Major Kelly and City Council Members : {
In connection with the City Couneils favorable
approval of the referenced Use Permits at the City Co inci 1
meeting scheduled for September 8 , 1987 , 1 wish to Nxpre.s
my promise that : ( 1 ) no pornographic magaxin. es or
1 i terature will bi-. displayed or sold at Ocean 9acif is
Market , or ( 2 ) vidio games will not be used or installed at
such market .
Thank you for your favorable consideration of •y
application .
Yours vet ruly ,
Adlel Zetdan, Owner
AZt c
aop
J
dW
N4�ZC� Or !►IibLIC •�t�C
rr "' .2MBIN2 .92MOU911
M CONJONCTIO■ MITX CONDITIONAL BXC STI • o 2Z�.
NOTICI IS 42KRIT GLT9N that the Mustiest*& heath City Cer*ail Will be
14a public bears& is the Council CbaNber at the •ustlestea S*sob
Civic Contort 2008 Mal* stteett bustisStou Ssache C41116tsia►, 06 tb*
date and at tao time indicated below to receive *ad cossides the
statseents of all persons who with to be beard relative to the �
applitatioa described below .
Wat Monday" August 3 , 1967
TINS., P . 4 .
SMUT: Appeal - Use Permit No . 66-94 In conjunction with
Conditional Exception No . 97 -1
APPLICANT/APPMANT : A le l 4 . a idsn
LOCATION : 301 - 147th 5Lreet ( aarthwtst corner of 17th Street
and ) live Avenue )
PROPOSAL: ro permit the sale of ilcaholic beverages at ar.
existing convenience market in conjunction vita a
request to permit five ( S) parking apace& in lieu of
the required twelve ( i : ! partini spaCe■ .
i11VIRONNINTAL STATUS : Categorically Exempt Class S Section 11305
according to [ he California fnviroftstatal
lluality Act .
09 FILL: A copy of the proposed appeal L• oa file is the
Department of Cossupity Development , 2000 pals
Street , Kuntiagtoe beach , California .
ALL INTIRESTED PIRSONS are invited to attend said hearing *ad
express opinions or submit evidence, for or ssalost this applLeatisa
an outlined above . All applieatioets , exhibitor and desc=ipties• of
this proposal are on file with the Offict of the City r10tkr 2000
fuss Street , Rustingtoo beach , Califoroia , ►or i&spectios by the
public .
MUNVINGTON $%ACV CITY COUNCIL
$yt Alicia N. Yertwortb
City Clerk
?boo* ( 114) 536-3401
a
M"JS&M=.,0 S TO 1W � O AP 0
r%wv&nmm MUCH. CA .
N" ADD S slow IN
. ` t � �,.� .. _'tip i •• �.•.�,�
fe
JIM
4
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I
ITPFW TV, V V,%
lift M M MON r • ►ILOTMIUMN BEACH, CA 900 0141 M3313
city *Nwi l
City of l&Mtingtan Birwh
MW thin Street
Hmtimton Beach, CA 92648
Subjoct: To approve license to mull alcoholic 1*mr&(j" to Or an
Pacific Market.
Han. City Co utic i 1 Mo x rs:
I am the Ost president of Linn Town Merchants Gild of Huntington
Beach. I as writinj this letter in rcference to thk alxave subject matter
which In under consideration by the City Council.
I have personally known !tr. Adel 7eiddn for !;vveral years who is
a good citizen, a good taus ine:s.smin and a gmAl ry i c;tWor. lie %,,id his family
►
have been operating Standard %Lj:•kLt accru.::> the z"reet (rum My store
and I hwrve always found then, to bc, very frienJ."j, 1►cvAc.•.
Much has been said aWut thn hardship UK-)- Might _suffer if a variatx.Y.-
s net �jrar;Led- ZAJ I W1.11 nut rL'f,&'.se :t acic: VU1r) ,WmLly ur%l yuu to
showy cession for which we Ar.�,ri.:ans are uvll knmm all Gv%iLr t?ae murid.
Please grant him :a varianm'
1'11W,Ak You
Sincerely,
Abdul %V- vn
IA
y
I
lmoowLnw Moot op
ri
e? Y
CL
if
c L
g7-
6A 60
fps
f„
CUT*
PA sox too
CA4tMOANiA MO
t, 0/fAA""I Ob M*Vw=
S I UWA 9040 1.>>e 06*"1 �L�t Mi Mv�Mss1 riw rt
Augyat: 240 1964
State of California
bepa:%;:rent *f A1'cohol is Bever age Control
'61 Civic Ob*nc er� plaza , loon 3i9
;&nts Ana'v Callfornis 92701
Subject : Ccean Paci. . : • !tarket 101 17tn Street $ Huntington Seache CA
APPL scat :c• t Alcoholic Beverage LLcenst
?ear ;3: lop :
:hit de;ac ., n z is :n receipt of a copy of subject appl icattan
s .osv*:.*c b•: Adel M. :eidan for an Alcoholic beverage License a. 301
: ' th St:tet , :hunt : ngcctr Se-ache Ca: :fucnis TIN: . s setter :s to info:':
you that t:t 1 s loca t ion has not btets approved fwor t!:e sale o:
alcoealic be•:erages .
..Jo pIrM: t a5- : 4 A&ted !!a:ch : 0 , � . ..
/ imp Conditi ft +.. � s�� 1 . air•
idd: essed t t ss : e of s:cono: ic move:a=t• at this a:dresi = dt::ts.
:c .alc to . s .-e. j;;roval i . a Coed ^na . .st
c'32p: tine :+: th zone standards .
:= is ere:o: e requested that. you: derar taken% no: issue a : Lcense
ftr the sale o: bVitraces to tn :s address .
S1nCe:l :.! ,
Don Shaw
:,and ::se T*c:ni :isn
3S : tl
� 60S7v )
i
Nei
It
r"' r
1,
I:
I
40 '
August 20. 1987
City of Rantingtoa bescn .
Reatiogtoa Beath , CA 92b48
I
BE : 301 17th Street
Doer Slrs ,
Being a reside►,t of downtown Huntington Leach I furl
that are off-sale liquor license should he. Riven to
the people who own this market . I fuel that the area
could use another market that sells liquor .
I
Respectfully yours .
Angelo Rtnaldt
219 end . Street
Huntington Reach , CA 92648
I
N"
Corr o v S 6 - '�w
i) T.
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4
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by
,
1E0b
ST FOR rM C IL ACTION
Deft hoot 17, 1 V7
ftwimd".. Hwrorabie Inlayer and City Council
oww"iew by:
Chrarisa W. Thvmpsain, City Admitthttwatar{��'�
by: Dout Le sarlle, Dirac oftmusity D�rvekVrw nt
�i�: APPEAL OF PLANNIN OMMLSSIIN'S DENIAL OF = PERMIT NO.
46-94 IN CONJUNCTION WITH CONDITIONAL EXCEPTION NO. 17-1
(A[)EL M. lE1DAN) On 10 74 7 / .
,Mite + TD
Oast cowrril rakyr 1 y" l 1 N.w Pow, or E. .oeior+ �l�
!aslarsrnt of low, Rommimrdation. An slyris, FwWkq for, ANOMO+rs Aabon, AINWhoom
9e
J4;0
Actro. -M ik)i>
An appeal by Adel M. Zeldan of the Planning Commission's denial ut Usr Permit No.
86-94 in cwtamtion with Conditional Exception (Variance) No. 87-1 was continued from
the August 3, 1957 City Council meeting in order for staff to review and recoenmow
modtncetkm !o the parking layout and prepara conditions of approval for the project
which are Incorporated into the Alternative Action sectinn of this report. Use permit No.
16-94 is a request to permit the sale of alcoholic beverages at an existing eonw*nkmm
market and Condi bona I Exception No. 97-1 is a request to permit a reduction from the
twelve (12) parking speces required for a market with alcoholic beverage ales.
+ ATM:
Planning Commission and staff recommend that the City Council sustain the action of the
Planning Commissim, and deny the regtmt.
PlawingSQmmiUiamAciLaizi.Jwx l._I U:
ON MOTION BY SCHUMACHER AND SECOND BY HIGGINS, THE PL.ANNIMG
OOMBN iV SUSTAKM THE BOARD OF ZONING ADJUSTMENTS' DENIAL AND
DENY USI FERMIT NO. "-94 AND CON[NTlONAL EXCEPTION NO. 17--1 BASED ON
FINWI ►S. BY THE FOLLOWING VOTE:
Ayes Schumacher, Higgins, Leiptig, Summerell, Livengood
Hoag: Silva. Pierce
Absent: Now,
Abstain: Ham
s Roam
w �+w ,
t. r Of ft elm tioMrr ilrl f dt at fo rwr of
tMalogic t1Mte daM on mar 10 be 1a1r1 t#r exams
o� o�rettitlarr pia aN dr 'lead, �prlr�irra Mind
drdt & M oar P► � ar a>aallat or on In t,1er sa� fit. Tire
be
inwti�arp M C re" , midi a* WavA1 I if Ophk Mom.
L CW#Amft of C+tatbtbal Eaorp sm No. 17-f *=M aaoresdtwalpf• asrlal M IMiM ►
iaaorristmat Idtb fiShations RM P qW trMa in dw woialty. frtr artmtw aer ra
an r+ "ir d to caa wvs with awra" appNlie" cadw
3. Exceptional cb==tanm dry trot apply that deprive the atthat.�t poprtlr of
prit►il . sn*W by otleer pope IN In OW some eta w a clarsificatioa& The
appesllant's Ming p+omy market can coettimn to aparsEto, bamem ad ilm of a
now un (akx*iol sales) requires eomplUmve with the current codes.
1. The astsbUmaent, maintenance and oparratim of the we (alaelra►1 sates) will be
drtmamtal to the preral walrus of persr0 bS sr rre NdietS ire dwe vk Wty
Additiraai paithS rtirquir+ad for li*w eaka will rm be pra►Mdrd, aread" a trairlc
hazard at the inter action of 17th and Oliva. wnd in do adfacent allay.
2. The establiahnwat, maintwume and op�eratbn of that urn will be+drrbinw atal to der
value of the property and itoprovenwarti in the -vI#hw Iwe►cawe Maroc sales
w113 drreerato addit4orwi commercial traffic in a p sdoaRaireantly residential ar".
3. site parking aced circulatiaet are inadequate to accoomm ate the additkml
trlffic gem ated by aetexh of tales and have the potential of cneatiea a ow4 ation
and circulation hasartl. The appellant currently hes an txktft Vocary wadm
which can continue to operate with the existiirp patkimg ratio.
At flee Aupat 3, 11-417 City Council amel ft. the Council it directed staff to prre w
fttdkw Fred c el dttkm of approval for the WWwo refentwasd project, mad to v k whir the
Wpliew tin p ovidf: a&itkmal parhira gwKw required for the mW of akaholic
bove spa at ties exirtift market.
Staff hoar amlywW two alto macive prrtke lot layouts. both of wMch Mould pres►kle a total
of six (6) -rite ptrtkira rpaces In lieu of the existiM five (5) sprees. Altomtirrt "A"
tmaintairte the eaietittS allay ac oo to the parkirC lot, and world involve restrlpMrE the
Waco of the lot to obtain an additional space. Aitwmtive Ir would paopcer takira
mom from anew curb cut an Clive Avenue amd notripira the lot to cabuin slx spallosa>t.
The Depwtmdet of 1"Wic Works has reviewed the aeltarmoves and Pavane Aitertrstive
OAO, wMd maintains the alley en ame.
I
I
RCA Aft 17, In?
to ad tl 00 M
so betridM two" M%- 1s Ob"M A a" 40 blew
tltoMl�i ltr �o te leemtraaat!
May a� Idellift 11OVIVOW at ttrtr atelr�t. OMMOMM
approatrl wi�1 a �erroA !FWa■ we + W do erto
rather tlri� all M "not, astd ttrlp talrtdwlsa tlrtr tit of ft aMM do" t"
to tale tf'�11� ttd► ?1w w ate oaaitiaasr alpa PWAM
eosin dw sloe Mrctift a t tia �rMl oho Ciq► w vd1 tali to aWwa
Hi
do 0 aerL Altai CMtioin I A. h" baaa� �►a�oow�te do c4waos dulla
tar ddw AltemtWe A or r site Plan toy".
The City Council may Approve Use Permit No. W94 and CWMtkmsl Evian No. 17-1
with a revised por'kbV layout of six space based upon the (o11+ a h rhWWV lad
c m ,,- tkmu of approval:
I. The eataNkhment, maintenance and aparstbn d Ikluae plus is a tritA the
market will not be detrimental to:
a. The praoral wtlfere of Woo reaklt" or warkift in t1w victaity:
D. Property and Improvements in the vicirdtty of such uat or kdNflr.
2. The number of parking spaces provided is adsgtwte for a market with aocilhary salt
of alcoholic beverages.
3. The revised layout will provide six (6) on-gite parklrq spry w plus thm (3) hatitod
curb-aide pa tft space* (IS minutas only) for a total of nine s mmm erirkb is
ad"Ate for the proposed market with ancilliary salt of akaho k
d. The gmtkg a( the Use Permit will not adversely affect the Geeretrai Plan of Ow
City of Huatiogun Bask bocauat the I' m stow with akdW ealas earva
sirs neeidaertial ne
S. The proposal is cxttrbtetnt with the goab wW ob)mWn of tits City's Cenral, Plea
arts! it W Use Map.
EINMGS FOR AI!ZRQYAL.= CS?N1?1T1CkN"r_Fr1 tom. 5u+1:
1. because of special cirtumtances applicable to the a**n property, lachJIM 11112e1
location and so oM—M-lhtrf, the atria application of the Z ft nca is fwAd to
deprive the subject a(privfkps egOW by other prqprrtiw in sirs v ty
and under identical zone %:iwaifkatioea. The o&JW site is a comes let with Halted
accen and is therefore utA*w.
2. The granting of a Co Atiaml Patceptioe for realmioa in parkbV b ascesowy Is
tales to pwerw des a v1►amt of errs or aw substantial prqerty r*hm
RCA i AwSM 17! 19P
to dw moo .or iOrrrlarr � V Isdw aka
#aMa �tlarr� bsoome of do rev pw t* meter$, kill-1/t -t rr
amd tw tart des Rgtror erlstr wltl be aadM y to tiro shot a&
4. The @-p atrtt-W d1 tM Cmdtkaral KneapOn will sm sh tomb atfwt to fen" No
of do City at Ha to glum 982oh.
APP32YAL-
I. The alto p1w Nor pion and elevations daterd Febr'uwy 36. 1"79 rru be titer
sM a-,ad layatto submit to tlta folbwittS st 4fkatim-
a. Revlsn site plan to Thaw sin (f)oa-site p lei" "c" erith aoom tray tiro
al'* (ALT. A); or revise plan to depict i specws ast-site with seem hm 00m
Street (ALT. d).
I. All -ova loaft arrd mWediag (delivwles) shall be mite, aot from m do ats e
3. The roar dam entrance shall be wdmw ced with tier, swabs. or signor facse to
emphasize Its Ow as a $tare entrance.
4. No adveftistrtp of alcoholic beverages $hail be petasitted in wfs~dowa at oar bsilldkog
walla visible firm the street.
S.. Shelf $pace for alcohol $ales shall be limited to two (2) aroma of morn rissately
twelve (12) horizontal fett each, IncludirtS refrigerator apace.
b. Them shall be no lottiring or carwnption of skaholtc bev ragse pwaitted an tics
promises.
7. All applicable coulltiar of approval of Use fsrtalt No. SS-14 shall re•ais is effect
except as gated heM n.
I. All appllrablr PWIc Works fees shall be paid prior to ale of alcoholic bow
9. Tl* use shall co,#Wy with all applicable pnw*km of tilt Ordinance Cade, bdbN g
Dfviaiw4 aid Fire Depart merit except a$ arced har*W
i
10. The applicant shall meet all applicab f local. State. and Fedw I Firs Coder.
Ordinances, and starAu*.
l i. The City Cowell nwrAw the right to revoke ibis Use f$rrnrit If vW viotatiaa of
thme otwniltkm of the Huntingue Bewh Ordirance Carle ours.
AM •
A. Or4b al Site flan
S. novlrrd Lay"tt "Alternttw A"
C. Rewind Laym "Altsmttv,e r
D. Raq$t for Cvntrcil Action Rgkwt dated Au gwt 3. 190
RCA . Atguat 11. 1lS7 -4- (M7M
44
1O. LM '
Ri*dWd O
An Oft street
ft mak* C h 926"
rs: Pppes►1 of pLMM iMftiaelan dbdA= ,Am* 1, M7
tM parent 0"4 in aar►jurwt1om wLth aoeetlituw^l
8s7-l. pdm4brkst on ljtlt at ulivr) .
uxtisxv m on Auqust 17th, L917 - city OmmL1 M«rtstvq
tvayur axed City S., e i l
MV Main btnet
Rmti,trgton Beach,, (Z ')2648
Mayor mid Citly Ccxaci 1 rs:
I an writing In order teat you reawsidsr your decision an tlhta
issue for the foll.aouig re"aru:
1) The nei*6ortwod locates roar lath acid %jUvs in mmansly
with the depreciation in value of cur indivLdual reotese
strouLd twe abm% taentlaied be Led end a Llquor sty bsecsee
ir=rporated !n dus rriVftrt r . I
1) As a resi.—t of r+urttLngtm 8i adi, T rely solmy► an mV alwtau
of r ics als to ptvtect how awars by %p w1dinq the law m am
o+..e►l f ax %all as loca, next hoots. �
I
31 It &a import., of for you to know Uut crank mile, Wert, Lily
ani myself oft how Aqm4zua area spoke at all hearings in this
xwt:ter) how a+sr S7M.M investor in our oveas. 'Tleries
we name morkec hard to preat^rte m and maintain in tour neridNW.& l &%Va.
Ir y sane our micr Invesbunts Arco we plAm to rains our fwAl.iaes leers.
we ors wits ea^-C IF", ed With the rwi f caticm of a 1urm sto an
to comer.
The applicant foc this liquor 13osrrre le Wor his z opcesm tatives reezr�
sloe a mrs uptcwt by our city of the t pdations %Sm artta tud
for prof d*x.ursntatl cn j . JLL1 01 dus r4dehm is alsarly dew xmzat@CL
In ==Iusim, me law nm a pmp ne. I n q►aest, ai a tstddwot
Of tbntinom sOMIdv, thet ym dD not in the eisraawweat,3ce►
of terse law.
fly,
lb dard Lim
Al"Uft 10, 1917
'd•`ir
Ire&* =appis
224 17TN St. �. •'•.
dUntington Beach, CA 92648 +�
re: Appeal of planning comission decisia: June 2, 1917
use perait 086-94 in conjunction with conditional
exception 407-1 . (Mini-market on 17th St. at Olivet .
Continuance on August 17th , 1917 - City Council Meitinq.
Mayor a City Council
2000 Main St.
Huntington beach, CA 92646
Mayor & City Council Members:
I would like to strongly urge you to reconsider your
decision on this issue for the following reasons :
1 , like most of you, and extrenee Ly busy with my dry to day �
business . I have been more than happy to take the time to
understand this issue from a Legal standpoint as well as
understand the sequence of events leading to the current
situation .
I have accomplished this by learning the city laws aced cod*s
that pertain, as well as attending and speaking at the toning
board hearing , planning commission hearing and city council
hearing .
The zoning board denial was 5-0 and the planning coswlssion
wrote was 5-2 . Neither was a close vote because the main
consideration in each case were the following:
The applicant and/or his representatives (One being an ex-
planning commissioner) were made aware upfront by the city
on the number of parking spaces required to sell alcoyhcl
(12 spaces are required) . Thore is no doubt to this fact.
All the documentation tstaff reports, city Codes, etc.) and
evidence at the public hwarings clearly demonstrate this
fact .
In addition to the above, it is extreWely unfair to gCant •
a�
vasi►ance this Xarge to other oaWasibl• businesses in the
area that have coiplired. One bl"'k north on IM 'foaClIER
Liquor" has the parking required and no green stripping on
the curb.
The applicant wned the land for a year before he built the
building . He had plenty of time to sell the property or
properly design a building for his purpose .
We heard Many times that the applicant has invested $500, 000.
It is important that you know that Richard Dorn, short Lily,
and myself have oven $700 *000 invested in our homes.
At the city council hearinq the applicant and his represent-
atives stated he wouXd go out of business without alcohol .
At the zoning board hearinq the applicants brothar stated
liquor sales would only account for 101 of t1hoir total
business. Their story has certainly changed since the
zonicg board hearing.
'then the building was approved in :larch 1985 . we were. not
notified . The roason finr this is the law states that only
"abutt inq" property yawners were requi rod to be notified .
The abutting properties consisted of an empty tot , a vacant
lot, a vacant Huntington tavern . an office buLdlinq and
and apartment building . Some of the owners of those properties
don' t even live in California . The hose owners were never
notified . We really can ' t complain brecause by the strictest
definition of the law we did not have to be notified, even
though we are most affected. The point is we ' ve had to
live by the law and so should the applicant .
our neighborhood is a new growing single family residential
area . It doer not need another liquor store slamood in
illegally and unproperly . if this flagrant variance ( 5
parking spaces instead of the required 12 spaces) is gecanted
it is the host owners on 17Th street and not the stores
custooers that have to live with the consequences.
Mayor and City Council members, given the above, I as a
hme owner and resident have to rely solely an my elected
officials in protectinq the home owners by upholdinq the
laws on behalf of the hom*owners and businesses Ln the
neighborhood.
The applicant was coned for and built a building to sell
q vveries and not I iquor. That is what h• has and neither
i
th• city or residence have any furth*r obii94UM to
this individual, Please consider this iatOsMDUM WMW
you discuss this item an Auqust 17, 1987.
Thank you for your attention .
Si cerig
rrrnk pia
P .S . I have attached ay last correspondence which outlines
this issue in aore detail .
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above. Ali atpiirscla wl mahibital asd deoctiptloom of this peopoeai see
es file with the Otiicf of the City Clftlt. 2m MEIN Strt• `, Mentis*t�
mho Calltarmas tot isipeetias 1by the pablire.
OfPrM 0M WCN MIT CACIIC IL �
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FvEoAT FOR Y COMA ACTXM
rw tr: NoaorabM M*W and City Casrscll
itl�w: amiaR III►. Cit�r Ildwtl�istttrtor�-t'j' �
P'WM by: DOW La Mlle, Director, nuWty D*i @kV am
: APPEAL OF PLANNING Ca S10N'S DENIAL OIL USE PERM 100.
116-94 IN CONJUNCTION N► H CONDITKWAL. EXCEPTWN 100. V-1
(ADEL M. EEIDAN)
Ga+aiwo Wift COWNH pwiay? ( 1 Yes ( 1 NOW F""►or EAMPOW
Transmitted for yaw ccraiderstion Is an appeal by Adel M. Zekka ar the Planning
Commission's denial of Use Permit No. 84-94 In oonkrwtim with Caalitleml Exception
(Variance) No. 97-1. Use Permit No. 16-94 is a r gwsrt to paralt dw rrle d aioaholic
beveraW at an existing convenience market and Coerdltkmal Exeption Na. 57-1 la a
request to permit five(5) parking spices to lieu or the twelve (12) panting sprays required
for a market with alcolwlic beverage sales of thb size.
Planning Commission and staff recommend that she `ity Cancil surtaln that at•tion of the
Plaming Commini+ocn. snd deny the request.
CBs� I Alcihm an 1w 11 1217:
ON MOTION BY SCHUMACHER AND SECOND BY HIGGINS, THE PLANNING
COId N SUSTAINED THE BOARD OF ZONING ADJUSTMENTS' DENIAL AND
DENIED USE PERMIT NO. 36-94 AND CONCRTIONAL EIICEPTkM NO. 87-1 BASED ON
FINDINGS, BY THE FOLLOWING VOTE:
AYES: Sdwmacher, Higgirw, Leipzig, Suminwell, Ltvenyaad
NOES: Silva, Pierce
ABSENT: Now
ABSTAl1t1: Now
FriMGS FOR - COM MAlr EXCLIUM WAAMM NQ- 17-1:
1. ftmm of flat ale, uratiaa, alwe and lack or u *w tepoo aphic features of
dicder .wlad.Ct peo�prrty. thane dons eat appear to he taosptioaal or �trr�
tarscrs or mWitiass applicable to the laud, WWbw or preiriwa Involved
that dax a* ap* Srrallyr to praparty or cless aP tree 1a the was dkmftt. The
bt � � i� � 1 s�ste Mfd slMpa. �rltb aco rrl�al �irtvs+es.
1 �
106/ice
0
L oaptisst Na 87a 1 ww Ad asn iitttte a @pedal prirr kW
Mtaestairtrsut with Ilatftatim up=propwrtIN is tw vicieMty. Now fave M or vat
we rsgeuirsd to Owerta with currant appllcabie codas.
�• Exaipti+aaai circtasastaaaia do Wt apply ti iat tlspriw tM st►r *n p aperty of
prhriWW oywped by otb r proper ties in the =no >ano c1smifkatiow This
appellant's OXktiing AV OCOI Y Market Can obntUMre to d1te, 110100W r additba Of a
new use (skotrol sales) requires compliance with the r'.urrolt OMMM
1. The artabiiehmat, 0041itlterrUM and operation of ft we (s►icd" valies) will be
dretriamtsl to the dal weifwa of ps soars wnaricirlp at rosidb in the riciait
Additional parking required for liquor salsa will not be prcwk d, crestia� a trak
hozam at the Intersection of 17th and olive, and in the atakibmt alloy.
3. The asttrblishtaent, mainteremm NW aprerstktn of thn use wt!l be dnMsireml to the
value of the property gang improvements in the real*PA ir1wo 4 bee"a iigrsor sales
will Rewate additional commercial traffic in a prtedminrently raskllential are.
3. C+ d to parking and circulation art Inadequate to wcom grads w tier adds t ioaal
traffic sererated by alcohol ul*s and have the potentiai of outhlg a awoestian
and circuiation hazard. The appellant c-,wretntly has an existing Vveary market
which can continue to operate with the existing parking ratio.
The existing axwenience m&rket at 301 Seventeenth Street was approved by the Nowi of
Zoning Ad)ustments an March 20. 1"S, as Use Iwalt No. ISS-14. The site +cars, at ft
time, tuned (Q)C3 tQwlified-4onerai buslam District). TIa quallfkat" r*uinrd dot
no atolls be tolkan front Sew trenth Street and that a use permit be sppfoved for ail now
dow0 poet. The sits Me been conar►rwe ally mmied since 1978; prior to 1M. it wars
soared Towniot 3pedflc Hart, Section D.
Tire C3 zone allowed grocery and fruit stare as a permitted urs subject to the pr visians
of the 0 zone, including x parking ratio of one specre for every Sea square feet of
building area. Other ca►mmercial um that were peemitted in the C 1, C2 and Cd districts
were also per Ittod in the C3 Ronne. provided that amr such use be apprwwd first by a site
plan spptication lsuch as an administrative revlow or use permit) anti was snsb)ect to the
snare regWatsans as in the C 1. C2 and C4 districts. Among thaw errs permitted In the C2
&acre, upon appmal of an administrative revtaw, was "liquor stance and on-male liquor
establidusents" (see old code sections). Thus, in ardor to sell lkpxx In C3 zones, an
entitlement was required, gong by Cade. the use was required to owt all C2 starAwds
inclutft a parking ratio of am epee I for every 2W sgvers feet of bonding area.
The site in question. given the Wilding deaigtt prod by the app kart, amid
Wcanoedete artlY first (S) pari tog Spam (eg01 a0 one spree per 300 rglW a feet of
b ►; tMe wise in ace--.- n ulb wee); with a Vuesry nwket anlyr fa the C3 pate.
Thwerwt, a earrdltioa *2 1 was placwsd an Use Iwrretrit No. W 14 On rasa d as
fallow: 'this appraroaI Is gmte d t0 Otablish a jyma r awket. Aloe It brvwW galas
so* not permitted withart approval of a wt permit lo costlpliatwoe with Ct statrdW*.`
This wag rot an arbiva y orartdltWo iaeAo d by the •samL Alcohol snarl, by Cabe.
re*udrsrd ttrw a ptsrthrp bran tdre litre could a coaatesariate with tie b1 lWWg min the
applicaent dsasirrd. The aMicent accepud the cmd1tiaw wridout an appal. ;
RCA - AWAt 3. 1967 �z' 10iiSd►
i
ft April l9ft dw site was r+ 2i W bqr the CWty fmm MO to C2 &Xft the OWJM of
.-eafg all nm&MIM 0 districts in the City to other sassing daiptat km Cw'1= IY,
C2 saWft ps Its bath con i 81:1e0os! a Wt" asd INPW stores (sub}acrt to�11—
motl r ar
strants) at a Outing ratio of e epase for &very no wan feet of
On JastLaM 2g, llB7, the dvand of Zanft Ad wta4ua denied Use freest " WAN gad
CaMt,ioral Ear�eptior No. 67-1. a roq u t to WWI: alchol+a "ka at the su .'t kratk^
a" with a rw pmt to permit five (S) patting spaces in lieu of twelve (12) rs*Ared * C2
� •trtsdards.
Br4wal taddsnts testinad at the hasritrg in opposition to the peaposal. AxW4 tiwe ss&*
ciu d were iacreasrsd treff'ic in the allay, iditerittg. dsrubw pariti�tlre stnr*t.
and inesassprtibility of lk*W salty with the surraxa!ltwg rori�drntial ova. i Writes
were also received in vppaeition to the sale of liquor. Titres psrople spoke 18 (gear of the
p mrosal.
The applicant submitted an appnal of the Board's denial, along with approximatNtY M
siptatom in support of alcohol sales.
Mr. Zeidan contends that the City changed the zoning on his property of If hit obtained a
permit to belid a store with Intentions of selling alcohol, thereby Increwft his parklrwg
requirement and creating a hardship. Although the City did initiate a #one dWW from
C3 to C2 of tear the applicant had obtained building permits +wed ttartse, oonstructi'm the
previous C3 zoning only allowed alcohol sales if the use compiled with C2 standards. The
approwsd use permit +,Use Permit No. 83--14) had a cawditbn which cle rly stated that a
use perssit would he required in oKder to sell liquor and that C2 sts-MVdr wcuid hrar►t to
be impaled with. Therefore, 12 parking spaces have always been squired for slcohol
sales, as was reinforced by the cordition of appr*val for Use hermit No. 95-14.
Thar appellant also contends that granting of his requests w►ouk, not constitatt a grant
Of
specie i privilege. because other restaurants and liquor stores in the vicinity opera
to Wtrus harking than is required by Code. Mar~��f«mhe �m� whcitich, � � 1 to
PlaIating Commission) are existing egg
recycled, will be rewired to conform Awith rea current
reign Codewoks.osSia tf s,al other
he bbid, snissm cited
art in the Downtown Redevelopment
Mexican Food) and have sgresd to participate In a the ins amass �t� W goer
formed by the Redevek pment Agency, provide rv*dred 1
' leases the aidjactnt City owned lot for parking. All new structures or unw. such as the
appellants, are required to conform with current parking standards.
In a letter submitted an April IS, 19117, the appellant's representathwr states that AiIC
Forts 155 sigoW by the City in March. I"S, indicates that aWaahrsi sales We s permitted
urr on the submit site. The (moss sipwsd by the City dais not grant auumatic parn�lwlen
far aloohsol sales. It states the last that such swrlrs ere al>rvead htC2 atandsrdslt to
a ainistrative rrview. and per Code would have had to cumoy i
he
appeilatrt's pvcery store des not mutt these standods. After further resierch her staff.
it was determwd that the p oper tntitl stntt Review.Permit, es specified by Use
Permit No. BS-1.4. rathw than an Ad ra
The Pla ruing Comminket on June 2. 1987 uphcW the burd's denial and d—led the
appellants regsmvs. based on findintgs.
I
� iBi7d/!
RCA - Awfust 3. 191117 �.
0 0
i
The pr► ow s pro*t is nt=jW pur"Ant to Class 5, Section 15305 of th& Callforgis
ENwhommtol Qallty Act.
Not applicable
ALVMA—
As an alternative action, the City Council may approve the Use Permit No. 1116-901 mW
Candltbnal Exception No. 87-1, baead on the f Alo.vlrg flndirtp and conditioner of oppr 1:
FINORIGS FOR APP-RO.Y.AL-- USE PER.biiI-96--v
1. The establishment, maintenance artrl operation of lkpw sales to calMwdon with the
market will not be detrimental to:
a. the Ileneral welfare of persons residing or working in the vicinity;
b. Property and improvements In the vicinity of such use or building,
2. The Qantit* of the Use Permit will not ad"mly affect the Com al flan of Ow
City of Huntington Beach because the coevenience store with aledW mlec er.evve
the surrounding residential neighborhood.
3. The proposal is consistent with the coals and objectives of the City's Gowtal Plan
and Lanz! Use Map.
FINDINGS EQR A P W-VAL..m-C.QNDITIONAL_EXS,MION-h10._t?-1:
1. decause of special circumstances applicable to the rApet property, Including sire,
locatiat and su"oundings, the strict appilea t ion of the Zoning Ordinance is romW to
deprive the subject property of privileges enjoyed by other propertlp in the vicinity
and under klentical zone classifications.
2. The granting of a Candl t tonal Exception for reduction In parting Is necessary in
arder to preeem the en joymen t of antic or two substant is 1 ;never ty rights.
3. The granting of Condritkxal Exception No. 87-1 for reduction in poling will not be
materially detrina►enta. to the public welfare, or injurkm to property in the sane
zone classificstkwa.
4. The gwtinR of the Condttkrnal Except kwo wi11 not adversely affect the Gerwal flan
of the City of Huntington Beach.
SPE IAL CQftbITIO -- 1'..E.L11LN0._16-ft
1. The el to plan, door plans, and elwotiorn received a,d Gated December 22, 11�fi
doll be the approved layout.
RCA - Awert 3. 19R7 - t • ISir'1i�
An
1-1 0""M Of rat Of LIM PWi1t N& 05*14 dW r�l� Mr
�. Xl1 Pubbe W ka fees AA be paid prkw to"of alp
1• ThO site plan. Moor plan, pad elarackm ratwivW aed dated Nowbw 12. 19K dwO
be tlw apprar" layaut.
I AN motion at Uet pa it No. Sir-94 sl*li apple.
�i1EQirYwrtDtrt �g.��rra~r � wry n ��„��.
i• The use doll 4 owply with all applk*t" "1aA01w at the OrdWwww Coke rli Wft
DhA*r4 sad F1v Dopwtowttt.
2. The aWicasnt doll Mott all app k*W local, Stitt. acid Fey vi I Fw* Cake,
Ondinanoaa, and standards.
J. the City Council remwm the right to rtMoita d" un parsit if NW Vwfttioe of
them carditiorr of the Huntington Seaeh Ordineam Cade ocew a.
l �wtsn�r�re.
A. Letter from appellant dated June 11, 1117.
B. Planning Commission tainutea dated June 2, 1"7.
C. Staff Deport dated June 7. 1"7.
D. burd of Zanii4 Adjurtrnants Conditiar of Appmwal doted March 20. 19S5.
DLS:L^:om
I
MCA - Aft J, IIW7
1 �
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I
HUNTINGTON StACCIFF ¢,,r
CORPORATION
1 ,
A"us t 3. 1987
HMO DELIVERED
Huntington Beach City Council
2M Main S t ree t
Huntington Beach, CA 92648
Subject: Use Permit No. 8b-94 and Conditional Exception
(Variance) No. 87-1 Appeal
Ckt+t,1emen:
Huntington Seacliff Corporation urges the Board to deny the above
appeal and application and requests for exceptions from the City' s
parking, lot site, and setback requirements.
Huntington Seacliff Corporation manages the Bemchtown Centtr at
Orange and Seventeenth Streets, and requests the City to impose
consistent deveioprment standards on all businesses in the area.
Your consideration is greatly appreciated.
Sincerely,
i
HUNTINGTON SEACLIfr CORPORATION
%.,6) 6L -- -- Q. .
William R. Ellis
Vice Pret i dent-Opera t ions
WIRE/i h
1 f�J MAIN S#O E i. SUITE 185 LIEACN CALIFORNIA ! M� (71/1 !4, •7 1
1r11 SS �
fM
• I�
06
00 e
Wimho 00
t�cE�,� �� 9 �at►teat►� �atpet ���
s se117 and CoMatilMeabers
04"Sad i g: h ppos 1--use Permit db-91 ad Caod i t imma 1
to ` - , Aneptico V-1
Dosr Mayor Rally:
1 60 •ritift You aoaairsi.filf the Adel Be ioieea appool
to 1 t the sole of a lodbol fro ire a t
301 ftwmteentb atrott. On dareb 20. r"5the
&Wed .ht "ring Adjustment (.iuWat saiS ►b eke
rob016011011) a roved the ooastroetioo of Dimes
aaMM. SM6 marct . 1a ooa ordiamse aWk G iv Code
tappow I •totsd rhea alaotr 214 `mvm "lea
d rat rm be palttod without appeof I of a a*
t it sompl isatm with U ►Z stex&k ia . The Iolaar
i
Mt Nave the poebiJW regalrod to D"S Q•Y
•. C oas t ruc t ion of UAr aurlat riw wo
0 ad until a ymsr later it Iftwok of 10*1 this
611aod plenty of time for a market aeraly Is to be
a oa noted to d issover it it 66044 be �mrsrrleally
feasible to term this state as a pr�rootY market ealy
sad time to decide •gakast a"atruslos it it vas
doteraiaed aloobolie beverage sales were wee for
'ems other three comers of this Latimaoe t iea arm
r001:6464141 ape recently have beam arpereied by fibs
46086MM for of ii li taittly . fte am"
aide am p�a�d�se. the aWty let ie!oes si sso.
TM eve~ pore a's largest isvmatmest 1s In his
bone, liquor sales at tkis 106atiam► would have to
rodrea the valve of asrromdiaS rm"disoea. rleaee
@WW lder L M o ea►o ess of the •oalr are is the
SOL VbOma mad uphold the tlaoaUW OoMissies,
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pow w NOTION
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+!� JW4 219 19"
2M Seventeenth our"%
IkOU.Rgte. 66849 cal 11
I yor and the City Council
City of bmtisdtoa Usch
2000 11ala Street
*mtLaStm cracks CA 92648
Iles Appeal of Planning Commission's Decision
June 2s 1967
Use Forait No. W94 t-N Conjunction vith Conditianal fate "Ption No. 87-1 .
fkyor and City Councilmembers, ,
The above subject is currently schodulod for bes.,iog on Augwt ), 2987.
I strongly urge the Council to uphold the Plann�ng Coveiseims denial of Uses
Persrit No. W94 in conjunction with Conditional Exatptiou No. 87-1 .
I ova s.nd have resided at 226 Seventrentb Street for approximately gears.
I will try to be as brief as possible.
The i2p3rtant issues area
1 . The applicant' s property clearly does qot cantors to
parking requirements to sell alcoholic beverages. The
requirement is twelve spaces. go has only five spaces.
(fie needs owmrr 100t sort puking spaces to ca*ly. )
2, The Board of Zoning Adjustments unaniseusly, by a rote of
5-0, denied Use Pewit No. M-94 and Conditional exception
No. 87-1 , on Jan. 28,1987.
3. The Planning CoMissi.on oveerrt;ilaingly upheld Um board of
towing Adjustoent' s denial of Use Perch no. w94 in
conjunction with Conditional Itxception 10. 47-1 , bF r
vote of 5-2. on Juno 2, 1907.
I tool that it Is important to ireiterato the above fiudiergs for the
folloving roasno:
1 . It to very clear that the City was upfront, with the applfoamt on
the issue of parking requirements to well areal. Lben though tbe
Boning of the Fropert.y chsr.g-�d, the parking rwqutresents never did..
I strongly urge you to rexA the St ff htport. rhieh is attached.
2. Tihis solghborhmA to a single family rosidintal area, as evidenced
by nine now homes that have been built within Ow last six vantbs.
Also, the iuntingUm Tavern has been removed mW two oat levees
are sabodaled to be Wilt an that lot. lb
We have a ligsror Store am block earth at ghee o+srrer of 17th and r%r
OnwWos whisk o"pliss with sonlr4 sad rsarklag r+r uIneenta, Was �
ewe t"s arlegw,tou ssrvies• the area.
...� "M city Cvveal,l
3. ftAa,llrg this is not in marginal ease.
- The applicant know upfront.
- be No" over twice an smug parking @Pao" as be am Pvd&.
- A king ereryooe (rog rd.less of ale) rho vaAs Iato W o aura
to sign a petition is not valid.
5.4 Zoning soasd denial.
5 .2 Pla=Lng Comisaion upheld Zanini ■case imlal.
• Denied Use Permit go. 86-94 for thm teasaw (an attraM�iMrit).
- Denied Use Permit No. 87-1 for three reasons (am att tt).
t look forward to your concurmnce an this issue.
'shank you for yow, attention.
Yours truly,.
P'tenk Zs ppis
AttacWwat s Staff Deport
Alm
Cori 04
DA.WIRL C. CARLTON
Am"Gow t v ai Aso / 1 fr
(I& COUF4*9L ►YoRAlAi rAhw •1��LG�hO •.7 �► 9 ►i
TOWNCOOli1
LiilY! [1Awi[11 • f TOWN C[M [![ C1gWf ,°14►�1•t►�
•wart ao
CONTA 111104. CAUS01101a was"
1111 i� •►�Op
I
.Tune 11, 1917
i
City Council
City of Huntington leach , California
Reg Appeal of Planning Commission' s lcisLon
June 2, 1987
Use Permit no. 86-94 in conjunction with
Conditional Exception No, 97-1
Gentlemen(
Adel M . ieidan , applicant for the referenced requests, has
Men a local Huntington Beach resident and businessman for over
tin years .
In November 1986, Mr , Leiden , aware that the 8untingtoo
Beach redevelopment plans might litetally close the doors of his
business on !lain Stro*t , purchased and closed escrow on the
subject property with the intention that it Mould some day
replace his existing business . The subject property, even tbou9h
surrounded by residential zoning , had been stoned commercial since
1906 , although the minimal sige of the lot greatly tedeCod its
utility .
in March , 1983, in contemplation of building a full swevice
market, similar to his existing downtown Standard Market# Nc .
seidan obtained a zoning affidavit from the City which indicated
the only requirement to obtain permission to sell alcoholic
beverages was an administrative review, Mr . teidan was infoceed
by the City that , because of the site of the lot , 480119 ether
things, the requested permission would require limited effort .
A subsequent user permit requirement (contradicting the
zoning affidavit ) , as will as a zoning change, affectod Ile ,
Seidan ' s intended uses and caused confusion and uncertainty, rat
only with the applicant , but with city planners as well .
Fairness demands approval of Mr 30id4n'a request to 6110V
the dale of alcoholic bevec49e8 at his convenience store for the
following additional reasons$
�;"I Xt. C. CAItLTON
ATTO"..ay all I,&w
City Council
June 11, 1947
Page Two
1 . 'the property has been coned camsseccial since 1906, and
the size has always limited the full potential of its use ( i .e. #
parking spaces ) l
2 . Mr . 2sidan' s decision to invest in developing a full
service convenience store must be weighed not only by his
business and economic situation, but also by the neighborhood
needs to be sett
3. Mr . W dan submits concurrently with this appeal a
petition signed by over 2, 200 local citizens supporting the salt
of alcoholic beverages at the market, as well as numerous letters
from concerned neighbors also in support of applicant' s requestoi
d . The City his not don* any feasibility studies on the
additional traffic problems associated with a liquor store as
opposed to just a convenience store . The true fact is that the
addition of a license for the sale of alcoholic beverages would
not Create any additional traffic hatacdal
S . The City has granted num, rous businesses the right to
sell alcoholic beverages even though eufficient parking
facilities were not available:
6 . Contrary to the finding that this request would be
detrimental to th* value of Cher property in the neighborhood,
anyone familiar with Huntington !leach can attest that property
values, especially in the subject property ' s area, halt been
capidly appreciating end the a*sthetic value of the subject
building, enhancing the neighborhood, is beyond arguments
7 . Mr . teidan shall request that an additional thr4o
parking spaces be allowed as a compromise to his dilemma .
it is therefore requested that the City Council approve Mc .
Isidan ' s request since exceptional circumstances do exist to
justify it and a denial would result in an extreme prejudice to
applicant .
aeope trolly submitted,
DAN r 6 L C. CAR LT N
WC jof