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HomeMy WebLinkAboutCUP 90-48-Appeal to PC approval- Denied appeal and approv REQUEST FOR CITY COUNCIL ACTION W44*�� January 22, 1991 �.c.G G a G� �0. 9,0— e/8 Date:.J Submitted to: Honorable Mayor and City Council Mem rs Submitted by: Michael T. Uberuaga, City Administrator Prepa-red by: Michael Adams, Director of Community Developm t Subject: APPEAL TO THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 90-48: TOWN SQUARE MARKET Consistent with Council Policy? [ ] Yes [ ) New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is an appeal submitted by Fred Shafer to the Planning Commission' s approval of Conditional Use Permit No. 90-48 . Conditional Use Permit No. 90-48 is a request by the City of Huntington Beach Redevelopment Agency and Charter Service Corporation to establish a 2, 100 square foot market/deli with off-sale beer and wine sales in the Town Square mixed use project . RECOMMENDATION• Motion to: Deny -the appeal and uphold the Planning Commission' s approval of Conditional Use Permit No. 90-48 based on findings and conditions of approval (Attachment No. 2) . Planning Commission Action: On December 4, 1990, the Planning Commission approved Conditional use Permit No. 90-48 by the following vote: AYES: Leipzig, Shomaker, Ortega, Mountford NOES: Williams, Kirkland, Bourguignon ABSENT: None ABSTAIN: None PIO 5/85 ANALYSIS• Applicant: City of Huntington Beach Redevelopment Agency/Charter Service Corporation. Appellant : Fred Shafer Requu: Establish an approximately 2, 100 square foot market/deli with off-sale beer and wine sales in the Town Square retail area. Location: 501 Main Street (southwesterly corner of Main Street an Sixth Street) . Issues • Fred Shafer, a condominium owner of the Town Square mixed use project, has filed an appeal to the Planning Commission' s approval of a market/deli with off-sale beer and wine sales in the retail area below the condominiums . The appeal is based on the reasons listed in the appeal letter dated received December 14, 1990 (Attachment 1) . The following is a response to each concern expressed in the appeal letter. 1. The market with beer and wine sales is not consistent with goals and objectives of the City' s General Plan and the Downtown Specific Plan - District 6 . The Planning Commission and staff feel that the proposed market/deli with off-sale beer and wine sales is consistent with the City' s General Plan and the intent of the Downtown Specific Plan-District which allow such commercial uses . The .numerous conditions imposed on the use are intensified to ensure compatibility. Hours of operation have been limited to 6 :00 a.m. to 10 : 00 p.m. everyday except Friday and Saturday which extend to 11: 00 p.m. Deliveries have been restricted to 8: 00 a.m. to 11: 00 a.m. , Monday to Friday. Numerous other conditions have been imposed to discourage loitering and general nuisance behavior. 2 . Pursuant to the Alcoholic Beverage Control Board Administrative Code the location of a retail liquor operation within 100 feet of residential can be the basis of denial of an alcohol permit . The Huntington Beach Ordinance Code and the Downtown Specific Plan - District 6 list markets and liquor stores as permitted .uses subject to the approval of a conditional use permit . The City has approved full liquor stores and general convenience markets within 100 feet of residential with similar conditions as the proposed Town Square Market . The Alcoholic Beverage Control Board requires a separate public hearing after the City approves the proposed use. RCA -2- (8138d) 3 . The access to and parking for the liquor convenience store will crate a parking and traffic problem because of a lack of a designated loading zone. The Town Square Project was approved with a mix of retail, condominium and single family dwellings. The parking for the retail area is separate from the residential and is located in three areas . Retail parking is located along Main Street, in the parking structure behind the retail area and in the municipal parking lot _located at the intersection of Main Street and Orange Avenue. The Planning Commission and staff feel that adequate parking for the proposed market is provided. Condition No. 4 limits deliveries to the times of 8:00 a.m. to 11:00 a.m. Monday through Friday. Loading will occur in the parking lot in front of the retail . This loading agreement will occur with any retail use on the site. 4 . Majority of Condominium owners do not want a market with beer and wine sales based on petition. Staff received a 5 page petition which was included in the November 6, 1990, Planning Commission staff report. Three pages were inadvertently omitted in the December 4, 1990 Staff Report. The Planning Commissioners were aware that a lengthy petition -stating -opposition to the market had been submitted to .the City. The -complete petition has been included in this report (Attachment 3) . Summary The Planning Commission and staff feel that the proposed 2, 100 square foot market/deli with off-sale beer and wine.- sales will be compatible and will not be detrimental to residents of the Town Square Project. Both Planning and Redevelopment Staff feel that there is a need for this use in the Main Street/Sixth Street area of the Downtown Area. Environmental Status: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. Coastal--Status: The proposed use is covered by Coastal Development Permit No. 87-28 which was approved by the City Council on May 23, 1988 . FUNDING SOURCE• Not Applicable RCA -3- (8138d) ALTERNATIVE ACTION: The City Council may approve the appeal and overturn the Planning Commission' s approval of Conditional Use Permit No. 90-48 . ATTACHMENTS. 1. Appeal letter dated December 14, 1990 2 . Findings and Conditions of Approval 3 . Petition in opposition to Market 4 . Alternative Findings for Denial 5 . Planning Commission Staff Report dated December 4, 1990 MTU:MA:RLF: lp . RCA -4- (8138d) Fred L. Shafer OC� President Town Square HOA =�` Honorable Peter Green J 9 Mayor of Huntington Beach 2000 Main StreeY. Huntington Beach, CA 92648 `90 Dear Mayor Green: I am filing a protest to the Huntington Beach Planning Commission' s approval of Conditional Use Permit 90-48 on December 4, 1990. This application concerns the establishment of a 2100 square foot market liquor store in an existing mixed use project at 501 Main Street. The commercial portion of this mixed use project consisting of 10, 000 square feet known as Town Square is now vacant. The City Council of Huntington Beach should reconsider this matter for the following. reasons: 1 . The market liquor store is not consistent with the foals and objectives of the City' s General Plan and Land Use Map designation of Mixed Development and the Downtown Specific Plan District 6 because of the location of the market liquor store within 300 feet of residential condominium units. There are a number of liquor markets in the imediate area. 2. Rule 61 . 4 of Title 4, Chapter 1 of the California Administrative Code Provides a basis for denial of a retail liquor license, if the premises or the parking lot is within 100 feet of a residence and the applicant fails to establish, that the operation of the business would not interfere with the quiet enjoyment of the residence. Several condo owners plan on filing protests with the California Department of Alcoholic Beverage Control within thirty days of the date on which the Public Notice of Application is first posted on the premises. Representatives of the Department of Alcoholic Beverage Control have advised their position is to deny the applicant, when t e business is within 100 feet of a residence and the applicable protests are filed. This includes license for beer and wine. 3. The access to and parking for the liquor convenience store will create a parking; and traffic problem because of a lack of a designated loading zone for delivery trucks. 4. It is obvious the majority of the condominium owners based on their Petition do not want this convenience liquor market establishment. The complete Petition was included in the staff report for the November 6, 199D public hearin . This matter was continued at the request of Charter Service Corporation and only the first and last age of the petition was included in the staff report for the December 1990 meeting. The missing pages of the petition were among other changes in this staff report. 6. There were other items brought up in the public hearing that can be clarified before the City Council. These items -are- too numerous to elaborate but wi-11 be explained in the public hearing. Consider our appeal at one of your future council meetings. If you have any questions about this matter feel free to contact me at y14-536 988y. 6FSin re r a ATTACHMENT NO. 2 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 90-48 : 1. The establishment, maintenance and operation of the proposed 2, 100 square foot market/liquor store will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity because the hours of operation are consistent with service oriented uses . 2 . Conditional Use Permit No. 90-48 for a 2, 100 square foot market/liquor is consistent with the goals and objectives of the City' s General Plan and Land Use Map designation of Mixed Development and the Downtown Specific Plan District 6 because the floor -area devoted to liquor sales will not exceed ten percent. 3 . The access to and parking for the proposed 2, 100 square foot market/liquor store will not create a parking or traffic problem because delivery is limited to 8 : 00 AM to 11: 00 AM, Monday through Friday. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 90-48 : 1. The site plan and floor plan dated received August 20, 1990 shall be the approved layout . 2 . All alcohol sales shall be limited to beer and wine with no hard liquor. The amount of floor area devoted to alcohol sales shall not exceed ten (10) percent . 3 . Hours of operation shall be limited to 6 : 00 AM to 10 : 00 PM Sunday through Thursday, and 6 : 00 AM to 11: 00 PM Friday and Saturday. 4 . Deliveries shall be limited to the hours of 8 : 00 AM to 11 : 00 AM, Monday through Friday. - x 5 . No. advertising of alcoholic beverages shall be permitted in windows or on building walls visible from the street. ci' rn Cn CCD T 6 . There shall be no loitering or consumption of alcoholic o m m beverages permitted on the premises . ;o 7. No public telephones shall be permitted on the premises . 8 . No video games shall be permitted on the premises . 9 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 10 . All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 11. Conditional Use Permit No. 90-48 shall .not become effective for any purpose until the appeal period has elapsed and an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with the County Recorder ' s Office and returned to the Planning Division. 12 . Employee parking shall be limited to the Town Square parking structure, the City parking structure or off-site only. 13 . The Planning Commission shall review the hours of operation within six (6) months of the start of operations . (8178d) 7 y The undersigned hereby opposes the granting of Conditional Use Permit No. 90-48 for the establishment of a liquor store in the Town Square Complex located at 501 Main Street, Huntington Beach California. Name Address 1. ,�,� -------- ---- yis #.F 9zagp- 3. _ _ 17 J' 4. -- -- - --------- yl S Toc�„ ---#31$'- 3 q (_q 2' 5. 6. 411/S7. �� �i IN. 8 - -- - -- --------------------- 10.12. �_�'_�L �,► sue' /�/�95�� 14.18. 15. 17. __ -� ----- —`�_-- -- �1 - -------_— - 20. � :,.� �: =� , �,;�(,i ; . ,, „mac �_ � • - 21. — —22. r 23. /min - D-- -------- - 1 -_D�-�'►� u� .-�n_ �t? �l�3- 9Z 6 y J 24. ,1•IFL ------- — ---- -----�---- ---- 25. E CJ V ^T r 1990 DEPARTMENT 0� COMMUNITY DEV:LOP'-,V:iJ( PLANNING DIVISION The undersigned hereby opposes the granting of Conditional Use Permit No. 90-48 for the establishment of a . liquor store in the Town Square Complex located at 501 Main Street, Huntington Beach California. Na Address 26. 47 :90'.' --t0d--La4A1'iaAD- 47-? 31. —�0n��1�_ 3 4. --a-d-j ------ 35. --- - G`-------------- 41 5 36. 37. -- ------------- 38. -- - - -- -- -- - --- 40. 41. _ 42. - - ---- - ------- �-�-- --- ' _43. ---- l��a �-� 44. 45. ___ iLL• _ -y --- --��- a1 46. -- --- - Z((S-7ALAI 47. 48. - - - - QA 49. fYy r1 R 1990 DEPAR'RMENT OF COMMUNITY DEVELOPMENT PLANNING DWSION The undersigned hereby opposes the granting of Conditional Use Permit No. 90-48 for the establishment of a liquor store in the Town Square Complex located at 501 Main Street, Huntington Beach California. Name Address 51. ' =1���12rQ/1�54�11811L2 52. 53. � ?- _ t•N s 54. 55. - /15 5'1: 'JA 61.. -------------- 1Clw u�w�G zo 63. - — - -------- - - - = - = Y� 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. T 2 31990 DEPARTMENT O COMMUNITY DEV=LOPfVLPaT PLANNING'DIVISION . t The undersigned hereby opposes the granting of Conditional Use Permit No. 90-48 for the establishment of a liquor store in the Town Square Complex located at 501 Main Street, Huntington Beach California. N me Address 76. 77. _ &2Z© - - - �--- 78. --- 1�'JT /N' U.4,1-L)l of 80. 82. LA 83. - -- ---=-- `�!� T �er�_tom- -201 --- 84. �u�- 1S_10�� �� -L.� 4 Or d b 85. 86. ------------------------ 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. RECEi V .] A'T'' .31990 DEPARTMENT Of COMMUNITY DEVELOPMENT PLANNING DIVISION ATTACHMENT NO, 4 ALTERNATIVE FINDINGS FOR DENIAL FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO, 90-48: 1. The establishment, maintenance and operation of the proposed 2,100 square foot market/liquor store will be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity by generating additional late night traffic and noise. 2. Conditional Use Permit No. 90-48 for a 2,100 square foot market/liquor is not consistent with the goals and objectives of the City's General Plan and Land Use Map designation of Mixed Development and the Downtown Specific Plan District 6 because of the location of the market/liquor store within 300 feet of residential. 3 . The access to and parking for the proposed 2,100 square foot market/liquor store will create a parking and traffic problem because of a lack of a designated loading zone. (8179d) huntington beach .department of community development STA f f -REPORT TO: Planning Commission FROM: Community Development DATE: December 4, - 1990 SUBJECT: CONDITIONAL USE PERMIT NO. 90-48 (CONTINUED FROM THE NOVEMBER 6, 1990 PLANNING COMMISSION MEETING) APPLICANT: Huntington Beach DATE ACCEPTED: Redevelopment Agency/ October 8, 1990 Charter Service Corporation 4699 Jamboree Road MANDATORY PROCESSING DATE: Newport Beach, CA 92660 December 8, 1990 PROPERTY Mola Development Corp. ZONE: Downtown Specific OWNER: 4699 Jamboree Road Plan-District 6-Coastal Newport Beach, CA 92660 Zone REQUEST: Establish an approximately . 2, 100 square foot market/ GENERAL PLAN: Mixed deli with beer and wine Development sales in the existing Town Square mixed use project . EXISTING USE: Vacant retail building LOCATION: 501 Main Street (southwesterly corner of Main St. and Sixth St. ) ACREAGE: 1.3 acres 1. 0 SUGGESTED ACTION: Approve Conditional Use Permit No. 90-48 with findings and conditions of approval . 2 . 0 GENERAL INFORMATION: Conditional Use Permit No. 90-48 was continued from the November 6, 1990 Planning Commission meeting at the request of the applicant. Conditional Use Permit No. 90-48 is a request by Charter Service Corporation to establish an approximately 2, 100 square foot market/deli with beer and wine sales in the existing Town Square mixed use project -located at the southwesterly corner of Main Street and Sixth Street pursuant to Section 4 .8 . 01(b) of the Downtown Specific Plan. AM& 8 vv: + A-F M-23C According to the memo dated November 29, 1990 (Attachment No. 1) the Redevelopment Agency has made three revisions to the original request for the proposed market: 1) The Redevelopment Agency is now co-applicant for the proposed market; 2) - Liquor sales have been deleted from the request. Alcohol sales will be limited to beer and wine; and 3) A full sandwich deli counter has been added to the request on behalf of residents who reside in the vicinity of Town Square. The applicant has reviewed the staff report and has requested that the recommended hours of operation be expanded to the following: Sunday - Saturday 7: 00 AM to 12 : 00 midnight Staff has reviewed this request for a revision .to the recommended hours of operation. Staff feels that hours of operation from 7: 00 AM to 12 : 00 midnight may create land use impacts . Staff still maintains the recommended hours of operation of 9 : 00 AM to 10 : 00 PM as listed in condition no. 3 of this staff report . For the Planning Commission' s information, the applicant has provided an "Acknowledgement of Disclosure" form which the residents of the Town Square project have signed. The form identifies that. the commercial floor area fronting on Main Street may generate noise, lights and late hour activity and informed all residents before they purchased the unit that there may be future impacts . 3 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No . 90-48 based on the following findings and suggested conditions of approval : FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 90-48 : 1. The establishment, maintenance and operation of the proposed 2, 100 square foot market/liquor store will not be detrimental to the general. welfare of persons residing or working in the vicinity; and property and improvements in the vicinity because the hours of operation are consistent with service oriented uses . 2 . Conditional Use Permit No. 90-48 for a 2, 100 square foot market/liquor is consistent with the goals and objectives of the City' s General Plan and Land Use Map designation of Mixed Development and the Downtown Specific Plan District 6 because the floor area devoted to liquor sales will not exceed ten percent. 3 . The access to and parking for the proposed 2, 100 square foot market/liquor store will not create a parking or traffic problem . because delivery is limited to 7: 00 AM to 10 : 00 AM, Monday through Friday. Staff Report '- 12/4/90 . -2- (7908d) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 90-48 : 1. The site plan and floor plan dated received August 20, 1990 shall be the approved layout. . 2. The amount of floor area devoted to liquor sales shall not exceed ten (10) percent. 3 . Hours of operation shall be limited to 9 : 00 AM to 10 : 00 PM Sunday thru Saturday. 4 . Deliveries shall be limited to the hours of 7: 00 AM to 10 : 00 AM, Monday through Friday. 5 . No advertising of alcoholic beverages shall be permitted in windows or on building walls visible from the street . 6 . There shall be no loitering or consumption of alcoholic beverages permitted on the premises . 7 . No public telephones shall be permitted on the premises . 8 . No video games shall be permitted on the premises . 9 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 10. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 11. Conditional Use Permit No. 90-48 shall not become effective for any purpose until the appeal period has elapsed and an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with the County Recorder ' s Office and returned to the Planning Division. ATTACHMENTS• 1. Memo dated November 29 , 1990 2 . Letter dated November 5, 1990 3 . Acknowledgement of Disclosure 4 . Planning Commission Staff Report dated November 6, 1990 HS:RLF:kjl Staff Report - 12/4/90 -3- (7908d) 5 f� J 1? x y } .�1• � .t Jj CITY OF HUNTINGTON BE A H INTER-DEPARTMENT COMMUNICATIO HUNTINGTON BEACH ' v }yam `,r T Bob Zklin•.. - - (� Kelth -- To From. Associate Planner. • Redev opment Specialist CUP # 90-48 NoVeember 29, 1990 Subject. 2� SQMUUE REI'A� Date Bob, .with regard to the application for Conditional Use Permit .90-48, we are requesting the following changes be incorporated. 1) The applicant should read, "Huntington Beach Redevelopment Agency/Charter Service Corporation. The Agency holds the majority interest (two-thirds) in this parcel, along with the other owner participant, _Charter Service Corporation. 2) We are rescinding the request for hard liquor sales. The proposed market would only sell beer and wine. . . 3) Please be aware that.the proposed convenience market that we are seeking will also incorporate a full sandwich deli. counter . within. Further, for your information, on Wednesday, November 28, 1990, Agency staff and representatives of Charter Service Corporation met with seven of the Town Square condominium owners in an attempt to address any concerns that they might have regarding the proposed market. I have summarized their major. concerns and our proposed mitigation measures below. Refrigeration/ Compressor Noise: The general contractor has consulted with a sound engineer and they feel all sound attenuation and vibration will be neutralized._ Loitering: We believe the elimination of pay phones, video games, and the lack of a large parking lot area for people to assemble will keep loitering to a minimum. aM Trash: The _retail has its awn trash roar".and bins that will be r picked daily, and therefore will not have P up y� '. impact on.the residents refuse service. Hours of Operation: We are requesting the hours of 7:00 AM - 12:00 Midnight,- seven days a week, as preferred by.the prospective tenants. The association board members - would only agree to 9:00 AM . 5:00 PM. "2 S 4 r : - S J�.+_ 3J 1�+-s s�J-.F� S.r _ �.`. '�" i 7`.# ...r y/��i t s' �.`wa• s--. � S azl it -_ �.. •! _,�:_ - {c,$i_,r...y,y�.,r. .-J - x 7... .ti _3; r-w s -1zR. r �.. J 3 a t s3 ) s � .r���'(+,r,7 irl, it'1J.+T� r"}i'f,-;� �' 4--.,� � F`y'�.,s ;.a�--hs?fir�r�3Yf.C..as E r_-n -c�x ram• i.,f+ -t � s 4 �s�'.4'-s4ti: }( _";�- r�r_�7'S�,; ( vrt�-- ,�.�- ;1��. {�� y h;. :�F_S�•�;.,•�1�`�"�1i•', ,�J"'�'7"'�+ c1r _� �.,t oA.n-'sJ.scn s:r`t!r :Y fs�.�r'h$� _ y'�r-- ,. '+ ' is We feel this defeats the purpose of having a convenience market given that most residents are at work during those hours. Alcohol Sales: As previously stated we have deleted the request. to sell hard liquor, but feel that beer and wine is an appropriate product to be offered in this market. Parking: Michael Gifford's memo to you dated October 8, outlines the provided parking. Residents were concerned that patrons would be parking on the streets adjacent and across from the market. This may occur to a certain extent, but the nearest curbs on'both 6th and Main Streets are painted red. We also discussed with the property owners the additional types of uses we were seeking to fill out the retail space. Those uses that were amenable to all present included the following: shoe repair video store coffee shop/bakery hardware pharmacy florist. stationary store travel agent hair salon/barber dry cleaners Thank you for your assistance with this application. Representatives from our leasing agent, Coldwell Banker, Charter Service Corporation, and myself will be in attendance at the Planning Commission meeting to respond to Commission's concerns. If you have questions, please call me. KBB:lp i. h 1 EI C MARTE R BANK RSL November 5, 1990 Mr. Robert Franklin e �' Associate Planner CITY OF HUNTINGTON BEACH , , .._, U E ��J(� 2000 Main Street Huntington Beach, CA 92648 DEPa,R„�,�_ CO";Sti9Ufd►TY..DE"E-o RE: Conditional Use Permit No. 90-48 p1,n�NIN Town Square Convenience MarketjLiquor .Store Dear Bob: We have reviewed . the Staff Report with respect to the. above= referenced application that will be presented to the Planning Commission on November 6, . 1990. . We have no objections to the Staff Report but request that Condition No. 3 of the Condition of Approval pertaining to the hours - of -operations be amended to read: Condition 3 : The hours of operation shall be limited to 7: 00 a.m. to 12 : 00 p.m. Sunday through Saturday. Furthermore, enclosed for your review. is an Acknowledgment of Disclosure signed by each Town Square condominium owner acknow- ledging their understanding that there are no restrictions on either the types or hours of operation of the retail businesses and that their residence may be subject to .lights, traffic noise and other sounds connected with retail business establishments. Sincerely, CHARTER SERVICE CORPORATION tJrTy J nes President JJ:lw Enclosure cc: K. Bourguignon K. Kirkland V. Leipzig E. Mountford G. Ortega J. Shomaker } B- FWilliams , Z� �ii,_;'Mt R �Ir - -_ 7 t-ai r i -. C� 1'P,L/": ! M 'R+ !L ( �-ti - -lYw-n 1'-:. 4- 1:LI • V, U 4699Jamboree'Road•NewportBeachi.Californ!a92660?.,(714),756-9500 _ � x ��it C7;324 East_First;S#feet- Los An -les,,Califomii 90012 213 624=7,434-as' � ` a A,u::18505'South-Western'Avenue Gardena,ZWifornia 90248,E xsr f O1995 South Atlantic Boulevard`r Monterey Parkr California 91754 :,(213)266-3011 " `' • 3 • -`4••". _..'.uaYilr..iF ..i.. .L i(.«..x f.e..,_... tf. .if--tnu ft..-.r._ --,-..,r e.rr-: r!•. KG.r.,��}" ]-..;r..., ... t- _ a:rt -. TOWN SQUARE CONDOMINIUMS ACKNOWLEDGMENT OF DISCLOSURE I am purchasing a residence in the residential condominium development known . as Town Square Condominiums from Mola Development Corporation, a California corporation (the "Developer" ) . Retail Use. I acknowledge that the residence I am purchasing is situated above a portion of the building which contains or will contain retail business establishments . I further acknowledge that Developer has informed me that, other than applicable statutes and ordinances, there are no restrictions on either the types or hours of operation of the retail businesses located on the first floor of the building. I further acknowledge that my residence may be subject to lights, traffic noise and other sounds connected with the conduct of business in the retail establishments, and hereby consent to such effects . Buyer's Signature Buyer's Signature ..c -- - - - - - Jshl33/153.79/000/0001/townsquare - - 4 - 152/151 04 06 90. Huntington beach departmeref community" development STAf f REPORT TO: Planning Commission FROM: Community Development DATE: November 6, 1990 SUBJECT: CONDITIONAL USE PERMIT NO. 90-48 (CONTINUED FROM. THE OCTOBER 23, 1990 PLANNING COMMISSION MEETING) APPLICANT: Charter Service Corporation DATE ACCEPTED: 4699 Jamboree Road October 8, 1990 Newport Beach, CA 92660 MANDATORY PROCESSING DATE: PROPERTY Mola Development Corp. December 8, 1990 OWNER: 4699 Jamboree Road Newport Beach, CA 92660 ZONE: Downtown Specific Plan-District 6 REQUEST: Establish an approximately 2, 100 square foot market/ GENERAL PLAN: Mixed liquor store in the. Development existing Town Square mixed use project. EXISTING USE: Vacant retail building LOCATION: 501 Main Street (southwesterly corner of Main St . and Sixth .St. ) t 4 ACREAGE: 1.3 acres 1. 0 SUGGESTED ACTION: Approve Conditional Use Permit No. 90-48 with findings and conditions of approval . 2 . 0 GENERAL INFORMATION: Conditional Use Permit No. 90-48 was continued from the October 23, 1990 Planning Commission meeting in order to re-advertise and notify the 73 condominium owners who reside above the commercial area in the Town Square Project. Conditional Use Permit No. 90-48 is a request by Charter Service Corporation to establish an approximately 2, 100 square foot market/liquor store in the existing Town Square mixed use project loca"ted1at the southwesterly corner of Main Street and Sixth Street pursuant to Section 4 . 8 . 01(b) of the Downtown Specific Plan. A-FM-23C 3 . 0 SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: North of SubieCt Property: • GENERAL PLAN DESIGNATION: Mixed-Use ZONE: Downtown Specific Plan-District 6 LAND USE: City Library East of Subject Property: GENERAL PLAN DESIGNATION: Mixed-Use ZONE: Downtown Specific Plan-District 6 LAND USE: Commercial South of Subject Property: GENERAL PLAN DESIGNATION: Mixed-Use ZONE: Downtown Specific Plan-District 51 LAND USE: Commercial West of Subject Property: GENERAL PLAN DESIGNATION: Medium Density Residential ZONE: ' Townlot Specific Plan LAND USE: Single Family Homes 4 . 0 ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act . 5 . 0 COASTAL STATUS: The proposed use is covered by Coastal Development Permit No . 87-28 which was approved by the City Council on May 23, 1990 . 6 . 0 REDEVELOPMENT STATUS: The proposed market/liquor store is located within the Main-Pier Redevelopment Project Area. The Redevelopment Agency supports the applicant ' s request . 7 . 0 SPECIFIC PLAN: The proposed use is located within the boundaries of the Downtown Specific Plan District 6 . Pursuant to Section 4 . 8 . 01(b) of the Downtwon Specific Plan, markets and liquor stores are permitted subject to the approval of a conditional use permit by the Planning Commission. 8 . 0 SUBDIVISION COMMITTEE: Not applicable. Staff Report - 10/23/90 -2- (7426d) 9 . 0 ISSUES AND ANALYSIS: r Parking On May 23 , 1990, the City Council approved the Town Square Mixed-Use project which includes 16 townhomes, 73 stacked condominiums and 10, 000 square feet of commercial floor area which fronts Main Street . At the time of approval, specific uses for the commercial portion were not identified. High impact uses such as a market or a liquor store require a public hearing in order to establish the use. All residential parking is provided on-site either in individual garages or in the two-level parking common parking garage. Parking for the commercial portion of the project is provided as follows : Issue Required Proposed 10, 000 sq. ft. - 200 (retail) 50 spaces 50 spaces 15 parking spaces on-site in the parking garage 17 parking spaces on Main Street fronting the retail area 18 parking spaces provided in a surface parking lot located at Main Street and Orange Avenue* . 50 Spaces provided *See Attachment No. 8. - 'Redevelopment Memo dated October 8, 1990 The parking requirement for the entire commercial portion of Town Square is satisfied with a mix of on-site, Main Street and surface parking in a municipal parking lot located within 350 feet of the site. As the October 8, 1990 memo indicates, the Redevelopment Agency will provide 18 spaces in a municipal parking lot located at the southwest corner of Main Street and Orange Avenue for the project in order to insure adequate parking. The proposed 2, 100 square foot market/liquor store will require 11 parking spaces . Thirty-nine (39) parking spaces will be available for the balance of the commercial floor area. Charter Service Corporation is requesting to establish a market/liquor store at the intersection of Main Street and Sixth Street . The market will contain groceries and beach related items . Alcoholic sales will consist of beer, wine and liquor . Staff has analyzed .the request for a market/liquor store at the proposed location and have general concerns regarding compatibility between the proposed use and the _ existing condominiums located directly above the commercial area . In addition, as a result of notifying property owners within 300 feet of the site staff has received numerous phone calls and' a four (4) page petition in opposition to the request (see Attachment No . 6) . The petition reveals that almost 70 percent of the residents of the Staff Report - 10/23/90 -3- (7426d) condominiums located above the commercial area are opposed to the proposed market/liquor store. They have stated that the proposed extended late hours ,of .operation (9 : 00 AM to 11: 00 PM, seven days a • week) - will be •detrimental"to -thei"r "standard of living. Staff feels that= m--ord-er'--to-'create a compatible environment between the 'proposed use"and-.-.the existing -residential located within 300 feet, a number of conditions regarding the operation should be imposed. Staff recommends that the hours of operation should be limited to 9 : 00 AM':to- -'10 : 00 PM . ='del ve`r:.ies ahould:.be limited"%to 7 0'O yANi to 10 : 00 AM - Monday through o`Frid-a.y- �-and that -Ith =amoufitf-0of` 1_- o`ir< iirea--devoted to liquor sales should not exceed 10 percent . Staff has conditioned similar, uses with .-these restrictions in order _to addi64s compatibility issues . 10 . 0 RECOMMENDATION: Staff, arecommends that-tthe `-Planning Commission approve Conditional Use Permit No. 9077A8 with `findings and -condition§•...of , approval FINDINGS. FOR APPROVAL —CONDITIONAL -USE PERMIT NO, 90-48 : 1 . The establ.isrhment _ -ma-iritenance and opef;at1on--of --the proposed 2, 100 square foot;,--market/-l-.i.q.uor4 :st.ore ::WiIl not be detrimental to the general we.l;far.e,o:f_aersons residing or Iwor_k"-rig:. 'ri- ;the .vicinity; and property and improvements in the vicrn ty -because the hours of operation ,-are:-consis-t.-ent with service oriented uses . 2 . Conditiona-1 :Use •Perma :N.o-:;..9=48 "for a 2, 100 square foot market/liquor is consistent with the goals and objectives of the . Ci-ty' s General,. -Plan and Land Use Map designation of Mixed Development and the Downtown Specific Plan District 6 because the fIoor_;area-= devoted to liquor sales will not exceed ten percent. 3 .,,_. The- access to-- and =par:ki:ng. .for the -proposed -2, 100 -square =foot market✓Itliquor store will not create a parking or traffic problem because delivery is limited to 7 : 00 AM to 10 : 00 AM, Monday through Fri• . .; ,. .. CONDITIONS= OF APPROVAL =,:--CONDITIONAL USE `PERMIT NO. 90`=48: - 1,. The :s:i�t:e.,, plan.- and...f.loor plan- -dated- received 'Augu:8t 201, =1`-9`90 shall be: t:he-,app:roved layout., ` 2 . .,,,The,. ,amount of., -floor area devoted" to liquor sales shall-'' not exceed ten (l0) '.p.ercen;t . . 3 . Hours of 'operation shall be limited to 9 : 00 AM to .10 : 00 PM Sunday thru Saturday. 4 . Deliveries shall be limited to the hours of 7 : 00 AM to 10 : 00 AM, Monday through Friday. Staff Report - 10/23/90 -4- (7426d) 5 . No advertising of alcoholic beverages shall be permitted in windows or on building walls visible from the street . 6 . There shall be no loitering or consumption of alcoholic beverages permitted on the premises . 7 . No public telephones shall be permitted on the premises . 8 . No video games shall be permitted on the premises . 9 . If foil-type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans . 10 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 11. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 12 . Construction shall be limited to Monday - Saturday 7: 00 AM to 8 : 00 PM. Construction shall be prohibited Sundays and Federal holidays . 13 . Conditional Use Permit No. 90-48 shall not become effective for any purpose until the appeal period has elapsed and an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with the County Recorder ' s Office and returned to the Planning Division. 11 . 0 ALTERNATIVE ACTION: The Planning Commission may deny Conditional Use Permit No. 90-48 based on findings for denial . ATTACHMENTS• 1 . Area map 2 . Narrative 3 . Site plan and floor plan dated received August 20, 1990 4 . Letter from Charter Center Corporation dated September 11, 1990 5 . Memo from Redevelopment dated October 8, 1990 6 . Petition in opposition of the request 7. Alternative action for denial 8 . Minutes of the May 23, 1988 City Council meeting HS:�R�L�(F:kj 1 Staff Report - 10/23/90 -5- (7426d) �' -i •�\/�� 9h 1R2 •RI \:_ NouvI�LL AVE.RI lJ LJLlJL LJ JUI -- L� F V R I ;I 1 0 0 � S Cl IC n ' j E L N I� R3 R3 O R3 C4 sAEFIc� • .P (DIR2 ��f¢ --.. J u I . ?EA ONE AVE. • % W' T� f—" O I'S i r v h R3 0)R2 (D)R2 R�x2 1 �—� I�Wi I�I IO a IiR3 u�JJ J I�� R3 R3 p R3 C N 1 INDIANAPOLIS aA R3 R3I °� h~ PALL.. __JlJI�J HAn'1 DR D ^ AVE. �• L Ul- H J 11, L Q' GENEVA ... of ,.y f / • s - 5 r ACACIA - AVE.i ` ~ \4 -- - FRANKFORT Ems- : i - — - �� 1 0 Dlll%E 1 MH j,;' - �I TNT • G ' SPECIFIC(DIST I _ \ EIMIRA a AVE. !Oi PECAN — 1 <'`C, eF400lr MH-FP2 DETROIT AVE. CF °, �/C• �Tq C'`/ v,~P�+ � O L�J�z�a I IUAwzrnR%I _ TIQ JJ • A h` O Q CHICAGO�p����E Q R2-PD-CZ-FP2 w ,L'2' _ ~. < zII�1I g" /� �Fn � •1 caa CD O A` I DI a h i��zl �y < i CL "" .R2-PD'CZ!M u li'i 9 '1'Tp ti • 2 QP2 BALTIMORE AVE LL p:� S V: -FP2 - /C �/ A ,�. 5 •' �'. I I i __a_pJ.K�, /`sTFCic q�O 9/ / P° 4CZ•FP2 't i R2-PD-CZ-FP2 O AAti '-q/�:�Cit•/ O ( /� ?° p" ?F ATLANTA Ay I lA // / / 3 \•- �\� f` OQ�?� SCALE IN FEET NOTE; ALL DIMENSIONS ARE IN FEET ANY ZONE ADJOINING ANY RIGHT OF WAY IS INTENDED TO EXTEND'TO THE CENTER •.I . �nS••• OF SU OF RIGHT OF WAY j CUP90-48' HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION TOWN SQUARE CONVENIENCE MARKET/LIQUOR STORE CONDITIONAL USE PERMIT APPLICATION The reason for this Conditional Use Permit (CUP) application is to request approval for the operation of a convenience market/liquor store in the retail portion of the Town Square redevelopment project located downtown at the intersection of Main and 6th Street. The specific address of the retail portion is 501 Main Street. The subject convenience market/liquor store shall merchandise an array of items typical to convenience markets to include but not be limited by the following: Dairy Products Produce Canned Goods Dry Goods Soft Drinks Snacks Deli Items Sundries & Magazines • Beer/Wine Liquor The subject store shall be the anchor for the 10, 000 square feet of retail space at Town Square. The store shall consist of approximately 2, 010 square feet and shall be located at the prime intersection of Main and 6th Street. The subject store will service needs of the residents of the Town Square project and of other newly developed condominiums in the downtown redevelopment area as well as the long-time existing residents in the downtown area. The store will aid in filling an existing void for this type of service in the downtown area. All 73 of the Town Square condominiums have been sold and 9 of the 16 townhomes have been sold or are currently in escrow. It is now the goal of and in the best interest of the applicant as well as the Redevelopment Agency to lease the retail portion of the Project as soon as possible, beginning with this anchor tenant. The actual space plan for this approximate 2, 010 square foot store shall be submitted at a later date to be applied toward this CUP application. Negotiations with potential tenants are being finalized and the. space plan shall immediately follow the closure of these negotiations. TON" HQNTJNGTON BEACH Condominiums r .--�T (7 , Tj � r' '-T I r_f1 �{ I r.j ' Townhome s r i g r r I ��. SERVICE EICHARTERCOPPORATION 7"SOLMMr ( 714) 756 - 066 6 i - +zolo g.- f F� � • 1 rip co RETAIL LEASE SPACE J K ■ a ■ ■ ■ ■ R ■ x Is i t I I ■ ■ i •41�_2� MI ■ ■ MI � is ■ � / MAIN ST. • GROUND FLOOR A1z. S•z3•qo TOWN SQUARE HUNTINGTON BEACH CONVENIENCE MARKET/LIQUOR STORE Z I L L Y INTERIOR PLANNING k DESIGN 90026-000 APPROX.2010 SO. FT. • 79800 Maut.thwr Blvd.•Swi4 490•Irvinc,CA 92715•714J47(-0408 SERVICE S7 CHARTOR' CORPORATION 4699 Jamboree Road, Newport Beach, CA 9266 71 4/756-066W September 11,E 199 0_ Mr.—Robert Franklin Associate Planner CITY -:OF =HUNTINGTON BEACH ; 2000 Main ;Street _ Huntington Beach; 'CA - 92648 Re: CUP.- No 907-48 . Town,;-Square Convenience Market/Liquor Store Dear Bob: With respect tb the above referenced application and pursuant to CUP No..., 87_'2:8 -" I would like to inform you of the final breakdown of the :parRng for the,-entire Town Square development. With regard to the Townhomes, each of the 16 units has an attached two-car garage for a total of 32 enclosed garage spaces. Additionally,,., :there_..are Y a total: of --11 .quest spaces -within =the townhome. development. For..th_e, Condominiums, their.-are a. total of 121 owner spaces and 3.5 guest spaces in the subterranean parking structure. Additionally, there are ;-four quest: spaces on-grade. - .-. ..- _.. ...,. . . - _ .ti _ � �-•�;' .: �:ice.;' '� Respecting :the Retail portion of the project, their_;ar.e.:::15.,�> spaces within -the structuresy as . well• ;as 17 -spaces in front of the retail on-.Main.-;Street; Jfor a _total: of- 32 spaces. An .addit oval. �181.�. spaces are available in the parking lot bordered by Main, 5th, Orange and Olive., Streets as„;des-ignated:•by _the _Redevelopment;;Agency,�, All of the above .described parking• either meets or -exceeds the originally approved, conditions.- of approval for th-is project. I will also be sending you a preliminary or conceptual floor-plan of . the-,-proposed conven-fence/liquor store which will. .give you a general idea of'. the layout but will: be subject . to .Lchange. Additionally, our space planner has completed a new .take-of.f. of the rentable square feet of :the store and- it, looks "as, i,f ,it; will, be • Mr. Robert Franklin 63 September 11, 1990 Page Two closer to 2 , 200 square feet, which is slightly larger than. shown in our submittal. If there is anything else that you feel you need or you have any questions related to this application, please don't hesitate to contact Matt Kaufman at 250-0700 or myself. Very truly yours CHARTER SERVI CORD RATION �` Timothy . Roberts President cc. Matthew B. Kaufman LJJ � CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Michael C. Adams, Direc.�tor, ,. Michael J. Gifford r ; To From Community Development . Redevelopment CUP # 90-48 A6FIdCY OFTSI`IE October 8, 1990 . Subject PAIUCING OBLIGATION Date In May of 1988, the Redevelopment"Agency entered into an Owner Participation Agreement with Mola Development for the construction of the Town Square project consisting of 16 townhoates, 73 condominiums, and 10,000 sq.ft. of commercial space: Town Square is located on the former City Hall site, bordered by-Orange Avenue, Main & 6th Streets. The number of parking spaces required for the 10,000 sq.ft. of commercial is 50 spaces. Mola Development has provided 32 of these spaces onsite; 15 within the parking-structure directly behind the commercial, and 17 angeled spaces directly in front of the commercial. The. Agency has committed to provide the remaining 18 spaces offsite within a reasonable distance. The Agency has designated 18 spaces at its-surface lot located on the southwest corner of Main Street and Orange Avenue to fulfill the Agency's obligation (site map attached) . Ultimately, this block (Third Block West, bordered by Main ;& 5th Streets, Orange & Olive:Avenues)-, will be developed to consist of condominiums, office, retail and all required parking, as well as an additional 200 spaces for the,Agency's use. Therefore, the Agency will continue to fulfill its commitment of 18 spaces for the Town Square project. If you have any questions, please call.me at 969-2185. M7G:lp Attachment i I \\\Q73 SLK 505 R o �'J lO 9 j, / ' ��: � � �i �@J 11 AV 22III EET S �ti. ,S' / o s Q 51 G — k o 4/ / J .T�, '/ AVENUE 5\r oy� 1t/ TRACT / ;14 / -LOT D /36 / + 28 27 13 LOT / �;�•� 6 /< P�t'4./ 13 w xd23O . } q 24 's23 nzs + �. so �.1. o. X. 4 _ _]5� 133 yam/ O' 2 l4 C/I J 1,31 c. • 20 /9 w° ay o , a 1 ,t'y / ,3 ---�� ..�.. �$. E.lyr.l6�y°. LOT A ...' • ` 9 1 S/� i/ O�i 30 �--ff5-r—ry I /6 /7 406 ,zs a �, �� /�'�i 27 caul pb < <• �y / 9 \J /6 /5__ _�_ ^ o y.eo,o „ 6 V • LOT e� /0 9/�U) Q// �,s.s SLK ,s' _403„).s'.M.� -- O^ 6 F `tb / 6 29 75Q4 O/s;.. 2G �13 sa. = / 2BOa 404 w o, llL s ty 26 ,A 27 s ,ns' •Y ",./. .A' .,u�+ry OT ira.]a ti 35 C &=i6 26 4 18 1]--�19 a ° 19 •s 20 21 h 22 °'23 24 25 ° /4, ---o d v°iO.,"•. �� Oh u' 37 ` ----.v \BEACH—. 24 z k + o , klO /2 00 —1 75' 'n zs ORANGE —� y . SURFACE PARKING •� , AVENUE > 117 51 'h 75' 96 1 h ii7.5' S 117.51 28 2T R hl r � 1 '• 2 25 — 26 I 26 25 I r �, • _ 23 W 24 23 10 W 4 ns —/s' ------' 2 2 2/ 2I 22. 3 H 22 2/ "s --_3 20 /9 _. 22 20 2 19 ROD ,I /T :� 4 _ 24 7 � _ lB /�_� /8 I/T /8 /7 i I /6 15 1 H \ /6 H Y /6 / Ga f 20 Ga /2 / �,�� � 18 :t 19 ims' 81: '• --- �1._— i > R 7 13 19 s 20 17 17 I I 6=< , 6 5 i 6 5 A r 4 3 1 4 4 3 ' 4 3 12_ A ` ef' 2 / OLIVE AVENUE AVENUE The undersigned hereby opposes the granting of ,Gopdi.tiona_l, Use, Permit No. 90-48 for the establishment of a 11cjuor-, L.tore in the Town Square Complex located at 501 Main ,street , Huntington Beach California. Name Address 17 4. -- -- -------- y»r -#-319__d A r - -- ------- -------------- ��_--- -- e. v1 to 12 CD 17. ( _L1 -- _ _ 20. 22, �- - ---- 23. 24 25. I990 • The undersigned hereby opposes the granting of Conditional Use Permit No. 90-48 for the establishment of a liquor store in the Town Square Complex located at 501 Main Street , Huntington Beach California. Na ` Address 26. 27. MR.-a- y!�;' -6 w—v►sCs22-7 ------ 2 9. ___-- 30. 31 . — =1QIalY�G?q�G32. _-- ------ ---- 3 3. ------ 34. - --- ------------- lei -------- 35. --- —d C` �4-i5 — ----- '�Tc1C1��+.a�� --- 3 6. ----� --------------- Lf/_J j C'-X i '�Q�ZC 37.` -- -------- 38. 39, - -- - --- -- —` ` ` -�----- - 2 It 42. - - ---- - --------- - ��-=-� - --- 43. 45 46 47, 48. 50. ----- ---- — --r•—r"--- --I J.S .. i990 The undersigned hereby opposes the granting of Conditional Use Permit No. 90-48 for the establishment of a liquor store in the Town Square Complex located at 501 Main Street, Huntington Beach California. Name Address 51. 52. 53. ��+ _ � �,.� r � �'�'(_-la can 5�13Z�:?_ 54. LoZ--- 55. C _ - -- ----- T 57. 58, 59. 63 64. - '--- MR - 65; f - 66. 67. 68. ------------------------- ----------------------------- 69. -------------------------- ----------------------------- 70. -------------------------- ----------------------------- 71. ------=------------------- ----------------------------- 72. -------------------------- ------------------------------ 73. --------------------------- ----------------------------- 74. 75. -------------------------- ------------------------------ 1990 Dr-PARTM.I.Irr c: cornaaurnry rpli.�-j..!)pv;:,.j'j- The undersigned hereby opposes the granting of Conditional Use Permit No. 90-48 for the establishment of a liquor store in the Town Square Complex located at 501 Main Street, Huntington Beach California. Name Address 77. - 78. J�!OV V UA Az' LJOI 79. 80. - ------ - -------- �fL� -- ---- LZcT/ 81. 82. 83. 84. 85. 86. 87. 88. • --------------------------- ---------------------------- 89. 90. ------------------------ ------------------------ 91- ------------------ 92. ------------------------- --------------------------- 93. 94. ------------------------- ----------------------------- 95. -------------------------- ------------------------------ 96. -------------------------- -------------------------- 97- ---------------------------- 98. -------------------------- -----------------------=------ 99. -------------------------- ----------------------------- 100. -------------------------- ----------------------------- •lr,..� n ! 1990 DEPAPTME NT OC f;OMNIiINITY DE-LOPMII: iT P ANINin" OMSION ALTERNATIVE FINDINGS FOR DENIAL CONDITIONAL USE PERMIT NO, 90-48 FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO, 90-48: 1. The establishment, maintenance and operation of the proposed 2, 100 square foot market/liquor store will be detrimental to the general welfare of persons residing or working in the vicinity;. and property and ,improvements in the vicinity by generating additional late night traffic and noise. 2. Conditional Use Permit No. 9-48 for a 2, 100 square foot market/liquor is not consistent with the goals and objectives of the City' s General Plan and Land Use Map designation of Mixed Development--and the.: Downtown Specific Plan District 6 because of the location of the market/liquor store within 300 feet of residential . 3 . The access --to 'and parking for the proposed 2, 100 square foot market/liquor store will .create a parking and traffic problem because of or of. a designated loading zone. (7426d-5) L J .rays .i,r - uu C PRESENTATIONS WORLD LI SAVING ASSN - MAX BOWMAN Mayor Erskine presented a plaque to Max Bowman, Director -of Community S vices , on his election to a two-year term as President of the World Life • 1ng Association. EUSENTATIQNWO T SAVINGIA I N - DOUGLA5 D'ARNALL Mayor Erskine presented %aplaque to Doug D'Arnall , Beach Serv' anager on his election to a two yerm as Secretary General of the ' Life Saving . 6/• Association. PRESENTATION - CERTIFIED M R = NN BR Mayor Erskine presented a plaque to Connie Broc .�s o has been awarded the designation of Certified Municipal lerk by ternational Institute of Municipal Clerks . ION "PRIDE OF OWNERSHIP AWA B/FV BOARD or REALT R Debby Ewing, American Homeweek Cha 44. Nancy Cooper, Pride of Ownership Chairman presented the Huntingto h/Fo Atain Valley Board of Realtors "Pride of Ownership Award" to fiv ington Bach homeowners . "r PUBLIC COMMENTS The following people s n support of the prop sed Townsquare Project: Michael Ali , Natalie Daryl Smith. The following peop oke in opposition to the proposej Townsquare Project: Gary Mulligan, Donna Kline, Dianne Easterling, Loretta Wolfe, Mr. AM. stian Craig, Paul Picard, 5usan r h , Doug Lange- Yin Dick Dusterhoff, Michael Tater, Dr. tlen Allyn, Cheryl Pierce m ber of the Main-Pier Project Area Committee, hanked people for g on lean-Up Day in the downtown area. 1 tated his opposition to the Townsquare Project. He stated he eved ther should be a daily trash pick-up. He read a letter he received fter he was required to give his address on television. (City Council ) PUBLIC HEARING - PLANNING COMMISSION OVERRULED - APPEAL GRANTED =.APPROVED CONDITIONAL USE PERMIT 87-36 WITH SPECIAL PERMITS IN CON- ,21�1 . LION WITH COASTAL DEVELOPMENT PERMIT 87-28/TENTATIVE TRACT 12200 AS BF-VISED - WITH CONDITIONS OF DESIGN REVIEW BOARD TO BE IMPOSED - MOLA DIEV QW The Mayor announced that this was the day and hour set for a public hearing opened and closed on March 21 , 1988, to consider an appeal filed by Mola Development Corporation to the Planning Commission' s denial of Conditional Use Page 3 - Minutes - 5iz3 Permit No. 87-36, Coastal Development Permit No. 87-281band Tentative Tract 12900, a proposal to develop a 17-lot subdivision for condominium purposes and construct a mixed use development comprised of 74 stacked condominiums , 16 townhouse condominiums and 10,000 square feet of retail space on 3.7 acres . Parking will be provided .at grade level and with a subterranean parking struc- ture . The subject property is located north of Orange Avenue between Main Street to the east and realigned Sixth Street to the west. The property is currently zoned Downtown Specific Plan - District 6 (Mixed Use - Commercial /Office/Resi- dential ) The environmental - status is covered under Environmental Impact Report No. ' 82-2jor the . Downtown Specific Plan. Coastal Status - not appeal- able . The Deputy City,'!Clerk;- informed Council that a communications from Community Bible Church and- adjacent residents were received March 18, 1988. Mike Adams , 'Planning Director, -presented a staff report. Following di scuss'ion, ...a' motion was made by Mays , seconded by Kelly, .to over- rule the Planning -Commis'sion- decision and grant the appeal by approving Condi- tional Use Per.mit . .8.7,-36 _ with Special Permits, in conjunction with Coastal Development,Pe,rmi.t.87-2.8 and Tentative Tract No. 12900 pursuant to the revised plans dated April la , `1-986 and- based on findings and conditions -of approval as outlined on the attachment to the RCA dated April 18, 1988 with the condi- tions of the Design Review Board to be imposed. AYES : Mays , Finley, Kelly, Erskine NOES: Winchell • ABSENT: ' Green,- Bannister Agency) INT PUBLIC HEARING CITY N IUREDE- GENCY - OWNER PARTICIPATION AGREEMENT - MOLA DEVELOPMENT CRP - PROJECT ARE - HEARING CONTINUED QPEN T6/6/88 The Mayor nced that this was the day and hour set f a joint public hearing by t -ty Council and the Redevelopment Age to consider and act upon an Owner Pa pation Agreement between the evelopment Agency of the City of Huntington and Mola Development oration. This agreement provi s he devel ent of 89 residential units and 10,000 sq. ft. retail commerci 1 to een Main Street and 6th Street, north of Orange Avenue within th Main- Redevelopment Project Area. Descriptions of the sites can be found e a ent . i The proposed projects re co red by a 1 Environmental Impact Report for the Main-Pier Red lopment Pr Jett Area -the Downtown Specific Plan for which Notice of eparatlon was ed. The Deput ity Clerk announced that all legal re q nts for notification , publlca on and posting had been met, nd .that she ha eived a communica- tion in opposition from Arline Howard on y 19, 1988. The Deputy City Administrator/Redevelopment commended continua hearing open to June 6, 1988. tiJ v� Legal Notice City of Huntington Beach Office of the City Clerk AG T �� �n P. O. Box 190 Huntington Beach, CA 92#48 ^`yc y i � •.. tr . a c a »� _ RNP�G � 264 Robe t Smith f \I ` 415 To nsquare #313 �� �j Huntington Beach, CA 92648 A • � 1 FIRST CLASS MAIL HUNTINGTON BEACH CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 25, 1991 Fred Shafer 41 ns mane, n215 Hunt Beach, CA 92648 Dear Mr. Shafer, At the January 22,_ 1991 City Council Meeting , your appeal to the Planning Commission approval of CUP 90-48 was denied. Please call me, if you would like a certified copy of the minutes which should be available in about 10 days. If I may be of any further assistance, please do not hesitate to call . Sincerely, Connie Brockway City Clerk CB:bt (Telephone: 71 a-536-52"27) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK Janua-ry 25, 1991 Charter Service Corporation 4699 Jamboree Road Newport Beach, CA 92660 Gentlemen: The City Council on January 22, 1991 denied the appeal to the Planning Commission approval of CUP 90-48. A copy of the minutes will be forwarded to you as soon as they are prepared. Sincerely, Connie Brockway City Clerk CB:bt (Telephone:714-536-5227) Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California, Number A-6214, September 29, 1961, and A-24831 June 11, 1963 O STATE OF CALIFORNIA 1 (J County of Orange 1 am a Citizen of the United States and a 1 �v resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal cleric of the ORANGE COAST DAILY NOTICE! RUBW CE 0-CE PILOT, a newspaper of general circulation, PUBLIC HEARING APPEAL OF THE printed and published in the City of Costa Mesa, PLANNING COMMISSION'S County of Orange, State of California, and that COAPPROVAL OF NDITIONAL USE attached Notice is a true and complete copy as PERMIT.NO.90-U (TOWN SQUARE was printed and published in the Costa Mesa, "MARKET/-SAL ' WITH OFF-SALEE Newport Beach, Huntin g ton Beach, Fountain ' ERAND I ` 'WINE SALES) Valley, Irvine, the South Coast communities and GIVEN that he HEREBY) GIVEN that-the Huntington Laguna Beach issues of said newspaper to wit Beach City Council will hold; a public hearing in the Coun-i the issue(s) of: cil Chamber at the Hunt-! ington Beach Civic Center, 2000 Main Steet,Huntington (Beach, California, on the Idate and at the time in- dicated below to receive and 'consider the..statements of January 11, 1991 Jell persons who wish.to be,{ ,heard relative to the;appli=i nation described below. I DATE/TIME: Tuesday, iJanuary 22,1991,7.00,PM .' APPLICATION_ NUMBER: 'CONDITIONAL USE' PER I MIT 90.48 APPLICANT:City of Hunt- i ington Beach Redevelop- ment Agency/ Charter Ser- vice Corporation ! APPELLANT:Fred Shafer LOCATION: 501 Main I Street(southwesterly corner i of Street) Street and Sixth Set) I ZONE:Downtown Specific Plan-District 6 REQUEST: Appeal to the Planning.Commission's ap- proval of a request to estab-I llish an approximate 2,100I sq.ft: market/deli with off- le beer and wnes sales. - declare, under penalty of perjury that tie SeENVIRONI f; MENTAL foregoing is true and Correct. STATUS: Categorically lo ex- empt pursuant to Section 15301, Class 1 of the Cali- Janualy 11, 1 fornia Environmental Quality Executed on Apt. 199 � COASTAL STATUS: The proposed use is covered.by at Costa Mesa, California. Coastal Development Per- mit No.87-28-which was ap- (}1Jry�, proved.by t1 y Council 198& on May 23, 988: ON FILE: 'A copy of,.the) proposed request is on file in Signature the Community Develop-I ment Department, 21001 Main Street, H4 ,torn Beach;.California 926 92648 .for, inspection-by the public. i ALL INTERESTED PER-, SONS are invited to attend' said hearing and express opinions or submit evidence; PROOF OF PUBLICATION ,for:or against application as outlinedined above.ove. I 'Connle Brockway, City' IClerk, Clty of Huntington; �Beaeh (1 / Published Orange Coast Daily Pilot January 11, 1991; F040i. 1:��_— 1. V16 NOTICE OF PUBLIC HEARING APPEAL OF THE PLANNING COMMISSION' S APPROVAL OF CONDITIONAL USE PERMIT NO. 90-48 (TOWN SQUARE MARKET/DELI WITH OFF-SALE BEER AND WINE SALES)_ NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center , 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Mori- 'January 22, 1991, 7 : 00 PM APPLICATION NUMBER: CONDITIONAL USE. PERMIT 90-48 APPLICANT: City of Huntington Beach Redevelopment Agency/Charter Service Corporation APPELLANT: Fred Shafer LOCATION: 501 Main Street (southwesterly corner of Main Street and Sixth Street) ZONE: Downtown Specific Plan - District 6 REQUEST: Appeal to the Planning Commission' s approval of a request to establish an approximate 2 , 100 sq. ft . market/deli with off-sale beer and wine sales ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act . COASTAL STATUS : The proposed use .is covered by Coastal Development Permit No. 87-28 which was approved by the City Council on May 23 , 1988 . ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. ALL INTERESTED PERSONS are invited to attend said hearing and express- opinions or submit evidence for or against the _application . as outlined above. Connie Brockway City Clerk (8166d) PrIV Ar Fred L. Shafer President Town Square HOA Honorable Peter Green 3a9 Mayor .of Huntin ton Beach 2000 Main Streeq Huntington Beach, : CA 92648 Dear Mayor Green:. I . am f i l ing a .protest_ to the ,Hun.ti-ngton Beach' Planning Commission' s approval of -Conditional Use Permit 90-48 on December 4, 1990-. This application. concerns the establishment of a 2100 square foot market 1°iquor store in an existing mixed use project ,at, 501 Main Street. The commercial` portion of this mixed use pro.,ject., consisting of 10, 000 square feet known as Town Square is- now vacant. The City. Council of Huntington Beach should reconsider this matter for the following reasons: 1. The market li uor `store is not consistent with the goals and objectives of the. Ci y' s General Plan and Land Use Map designation of Mixed Development and the Downtown Specific Plan District 6 because of the location .of the market liquor store. within- 300 .feet of residential condominium units. There are a number of liquor, markets in the imediate area. 2. Rule 61. 4 of "Title 4, Chapter 1 of the California Administrative Code 'provides a basis for denial of a retail liquor license., if the premises or the parking lot is within 100 feet of. a residence and the applicant fails to establish, that the - operation of. the business would not interfere with the quiet enjoyment of the residence. Several condo owners plan on filing protests with the California Department of Alcoholic Beverage Control within thirty days of the date on which the Public Notice of Application is first posted on the premises. Representatives of the Department of Alcoholic Beverage Control have advised their position is to deny the applicant, when the business is within 100 feet of a residence and the applicable protests are filed. This includes license for beer and wine. 3. The ,access to and arking for the liquor convenience store will p create a arking and tra�fic problem because of .a lack of a designated. loading 'zone for delivery trucks. 4.-.. It is obvious the majority of the condominium owners based on . their petition' do not want-this convenience liquor market establishment: The comp lete,.petition Was--included in the staff report for the November 6; 1990 public hearing. This .matter was continued at- the request of -Charter Service Corpporation and only the first and last ppage of the petition was included 3n the staff report for the December h, 1990 .meeting. The missing pages of: the petition were among other changes in this staff report, 6. There were other items brought 'up in the public. hearing that can be clarified before the City Council. These items are too numerous to elaborate but will be explained .in the public hearing. . Consider our appeal at one 'of your future council meetings. If you have anyy questions about this matter. feel free. to . contact me at 714-536 9881. Sin re a i r� Az NOTICE OF PUBLIC HEAR I NG APPEAL OF THE PLANNING COMMISSION' S APPROVAL OF CONDITIONAL USE PERMIT NO. 90-48 (TOWN SQUARE MARKET/DELI WITH OFF'-SALE BEER AND WINE SALES) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, January 22, 1991, 7 : 00 PM APPLICATION NUMBER: CONDITIONAL USE PERMIT 90-48 APPLICANT: City of Huntington Beach Redevelopment Agency/Charter Service Corporation APPELLANT: Fred Shafer LOCATION: 501 Main Street (southwesterly corner of Main Street and Sixth Street) ZONE: Downtown Specific Plan - District 6 REQUEST: Appeal to the Planning Commission' s approval of a request to establish an approximate 2, 100 sq. ft . market/deli with off-sale beer and wine sales ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act . COASTAL STATUS: The proposed use is covered by Coastal Development Permit No . 87-28 which was approved by the City Council on May 23 , 1988 . ON FILE: A copy of the proposed request . is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. ALL INTERESTED PERSONS are invited to attend said hearing and express- opinions or submit evidence for or against the application as outlined above. Connie Brockway City Clerk (8166d) City of Huntington Beach NOTICE T0: THE PLANNING. DEPARTMENT FROM: THE OFFICE OF THE CITY CLERK THE AP LISTS FROM THE PLANNING DEPARTMENT FOR , NOTIFICATION MAILINGS BY THE CITY CLERK MUST BE THE LATEST AVAILABLE iN ACCORDANCE WITH DIVISION T. E N S. *** ***PL.EASE REMEMBER THAT THE LIST MAY HAVE CHANGED SINCE THE MAILING FOR THE PLANNING COMMISSION MEETING WAS SENT. DATE '8•9O SIGNATURE VERIFYING ADEQUACY OF LIST HECITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Michael T. Uberuaga From ael Adams, Director City Administrator Community Development Subject APPEAL OF CONDITIONAL USE Date January 15, 1991 PERMIT NO. 90-48 (TOWNSQUARE) Attached are three memorandums which the Director of Economic Development has requested be forwarded to the City Council for their consideration in the Townsquare Market appeal . The January 15, 1991 memo discusses the Redevelopment staff ' s concerns with a six month . review of the hours of operation. The January 11, 1991 memo from Barbara Kaiser discusses ownership and economic issues associated with the market. The January 11, 1991 memo from Keith Bohr responds to issues raised in Fred Shaffer ' s appeal letter. Attachments : 1. Memo from Barbara Kaiser dated January 15, 1991 2 . Memo from Barbara Kaiser dated January 11, 1991 3 . Memo from Keith Bohr dated January 11, 1991 MA:HS:kjl (8412d) _i (J-1 Cn cis=-gym t c C-)m n r C.O T a CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH ���►!.,�....� Barbara A. Kaiser _ To Mike Adams, Director From Deputy City Administrator/ Community Development Economic Development Subject APPEAL FOR TOWN SQUARE Date January 15, 1991 Attached are two memorandums that provide supplemental information for the scheduled public hearing on the appeal to the Town Square Conditional Use Permit No. 90-48. These should be added to your report to provide additional information for consideration by the City Council. These memorandums include information pertaining to the Redevelopment Agency's partial ownership of the retail portion of the site; the Agency's financial interest in the property and the fiscal impacts of the types of retail uses approved for the property; and Agency staffs response to the issues raised by Fred Shafer. In addition, Redevelopment Agency staff intends to recommend to the City Council against the condition that the Planning Commission review the CUP in six months to determine whether the operating hours of 6 a.m. to 10 p.m. (Sunday through Thursday) and 6 a.m. to 11 p.m. (Friday and Saturday) be revised. This condition would make it almost impossible to lease the site since the retail business would have no certainty as to operating hours. If the hours were to be significantly changed in the future, the operator may not be able to financially afford the lease payments and may default on the lease. Staff would recommend against this condition thereby making it possible to lease the site and guarantee the minimum operating hours of the business. BAK:sar Attachments 8350r CITY OF HUNTINGTON BEACH •x INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Michael T. Uberuaga From Barbara A. Kaiser To City Administrator Deputy City Administrator Subject APPIML OF CUP 90-48. Date January 11, 1991 PUBLIC BEA ING - JANUARY 7 TOWN SQLUM RETAIL On November 6, 1990, the Planning Cmmission approved CUP 90-48, allowing for a 2,100 sq.ft. convenience market/deli, including beer and wine sales, within the retail portion of the Town Square project. Subsequently, a resident has appealed their action, and is scheduled for the City Council meeting of January 22, 1991. The Agency and Charter Service Corporation are co-applicants for this entitlement. The Redevelapanent Agency holds the majority, two-thirds interest in this retail property, along with the other owner participant, Charter Service Corporation. Section 209 of the Owner Participation Agreement (OPA) , (the Agency entered into originally with Mola DevelcpTent, and subsequently assigned to the Charter Service Corporation) , outlines the procedure for the disposition of the canrexrial portion of the Town Square project. One year frcan the date of the final residential unit sale, the Agency and Charter Service Corporation either agree upon a fair market value for the connnercial portion, or shall be bound by an appraisal procedure as set forth in the OPA. Once the value is established, there are three options: 1) Charter services purchases the Agency's share; 2) The Agency purchases Charter Services' share; or 3) A third party purchases both parties' shares. Of these options, I would say it is most probable that a third party would purchase both parties' shares. Given the Agency's financial interest in this property, the Agency must be aware of the negative fiscal impact a decision to uphold the appeal could ultimately have on the value of this property. A convenience market/deli is considered an anchor tenant in smaller residential serving retail such as this. Our broker, Coldwell Banker, has a list of retailers who are interested in leasing space within Town Square, but are holding out to see, if indeed, a convenience market is approved and a signed lease is'in place. As the anchor tenant, a convenience market produces a significant number of trip generations, and provides foot traffic for the adjacent retailers. The amount of rent that a tenant is willing to pay is directly correlated to the number of trip generations an anchor tenant stimulates. If a third party buys the ccaimnercial portion of this project, the purchase price would normally be determined by calculating the capitalized value. The capitalized value is an estimated market value mrputed by dividing annual net income by capitalization rate.. Capitalized value is the appraised value that would yield a given annual net income at an assumed rate of return. I Michael T. Uberuaga January 11, 1991 Page Two For an example, see the following calculations: Average rent per squire foot $1.50 $1.75 2.00 Gross Annual Income $ 180,000 $ 210,000 $ 240,000 (sf rent x 10,000 sf x 12 mo) Less Vacancies & Management (8%) (14,400) (16,800) (19,200) Net Operating Income $ 165,000 $ 193,200 $ 220,800 Value at 9.5% CAP $ 1,743,158 $ 2,033,684 $ 2,324,211 Coldwell Banker is of the opinion that it is possible with an anchor tenant and the right tenant mix to achieve an average of $2.00/sq.ft. rent. Without an anchor tenant such as the approved convenience market/deli, they feel the average would be more in the $1.50/sq.ft. range. Following this scenario at the time of sale, the Agency could receive two-thirds of $1,743,158 (minus tenant improvement and marketing costs of $250,000) totaling approximately $985,000 or $2,324,211 (minus tenant improvement and marketing costs of $250,000) , totaling approximately $1,369,000. 'Therefore, the decision to allow a convenience market/deli including the sale of beer and wine, may have a significant economic impact, totaling as much as $384,000. As an aside to all of the above, there are some intangible benefits to getting the Town Square retail up and operating from a standpoint of creating activity and momentum downtown. Having 10,000 sq.ft. of retail sit empty on Main Street for the past 9 months has, in conjunction with the movie theaters not opening, and a generally sluggish economy has added to an overall negative perception of the viability of opening a business in downtown Huntington Beach. This is a tremendous opportunity for the Agency to create a spark that could help us regain lost momentum in our efforts downtown. I would be happy to discuss any of the above with you and/or the Council at your convenience. BAK/KBB:ls xc: Pat Spencer, Director of Housing & Redevelopment 0496h CITY OF HUNTINGTON BEACH •; INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Barbara A. Kaiser, Director From Kei B. Bohr F,conomic Development elopment Specialist 7� M FI FIM SHAFT Date January 11, 1991 Subject OBJECTIW TO CUP 90-48 On November 6, 1990, the Planning Conanission approved Conditional Use Permit No. 90-48, allowing for a 2,100 sq.ft. convenience market/deli located within the retail portion of the Town Square project. Subsequently, Mr. Fred Shafer, a property owner (non-resident) , appealed their action and consideration of the appeal is scheduled for the City council meeting of January 22, 1991. Mr. Shafer has outlined his objections in�the above referenced letter (attached) . For Council's information, I have directly responded to Mr. Shafer's concerns below. 1) w1bi.s 'ccnv+enienoe market' was originally called a I icp Ir/market, and its nee has changed multiple times." The original application for CUP 90-48 was for a proposed market/liquor store. In response to concerns expressed by Town Square residents regarding the sale of "distilled spirits," the Agency and CYiarter Services Corporation (co-applicants) changed the application to a convenience market/deli, selling beer and wine only. Potential operators have made it clear that without the sale of beer and wine, they cannot afford to pay market rent and be successful. 2) 1he Alcohol Beverage Control (ABC) would not approve the sale of any alcoholic beverage, including beer and wine, within l0o feet of any residence as outlined in Title 4, Rule 61.4 (Attacbment 2). As can be seen in numerous locations throughout Huntington Beach, the ABC has issued a license to sell alcohol to establishments within 100 feet of residential units. The last paragraph of Rule 61.4 states that the ABC may issue a license to sell alcohol when the applicant establishes that the operation of the business would not interfere with the quiet enjoyment of the property by residents. In an effort to ensure that the proposed convenience market will not interfere with its neighbors' enjoyment of this property, several conditions of approval have been applied to the CUP. These conditions include the exclusion of video games, pool tables, and pay telephones to discourage loitering, limiting the hours of operation, limiting the hours of deliveries, and limiting the sale of alcohol.to beer and wine only and to a mxiaaua of 10% of the floor area. 3) Limit any and all retail uses hours fr m 9 AM to 9 PR. This retail space is located in the 500 block of Main Street and designed to provide residential serving uses. In addition to the convenience market, these proposed residential serving uses include: a florist shop, shoe repair, video store, pharmacy, dry cleaners, gourmet coffee shop, stationary store, and a travel agent. Most of these type of retailers depend upon being open for business in the early morning, and later in the evening to serve neighboring residents before they go to work and as well as in the evening hours when they are home. Barbara A. Kaiser January 11, 1991 Page Two 1 As it specifically relates to the convenience market, the operators have submitted proposals requesting hours of 6 AM to 12 PM (Sunday thru Saturday) . Planning staff recommended the hours of 9 AM to 10 PM (Sunday thru Saturday) . At the Planning Commission meeting, Redevelopment staff suggested alternative hours of 7 AM to 10 PM Sunday thru Thursday, and 7 AM to 11 PM on Friday and Saturday. The Planning commission expressed concern that all suggested hours by staff were too restrictive in order for an operator to be successful, and ultimately approved the hours of 6 AM to 10 PM (Sunday thru Thursday) and 6 AM to 11 PM (Friday and Saturday) . 4) CUP 90-48 was approved by a 4-3 vote. This is true, however, the three members who voted against did so because they favored more expansive hours of operation for the market, specifically, 6 AM to 12 PM (Sunday thru Saturday) . 5) nie Board of Town Square formally surveyed approximately 70$ of the residents, and 100% of the residents were against a liquor store. First, it is important to point out that Mr. Shafer and Mr. Peter Crowley are condominium homeowners association board members, but they are not necessarily speaking for the entire board or the condominium residents. To date, the condominium homeowners association board has not taken official board action representing the interests of the condominium owners on this issue. The other two members of the board have told me that they have no problems with the proposed convenience market, and therefore, would not be speaking against it. The survey Mr. Shafer refers to was taken after the original application for a market/liquor store was first advertised. This survey stated that "the undersigned hereby opposes the granting of CLIP No. 90-48 for the establishment of a liquor store in the Town Square ccmplex located at 501 Main Street, Huntington Beach, California. Since that time, staff has met with property owners in a group and individually to address their concerns accordingly, as stated in my memo to Bob Franklin dated November 29, 1990 (Attachment 3) . Staff believes that with the proposed mitigation measures and conditions of approval approved by the Planning Commission, that this convenience market/ deli will prove to be a successful business and good neighbor in the Town Square project. I would be happy to meet with you and/or any members of the Council to discuss any of the above at your convenience. KBB:ls Attachments xc: Pat Spencer, Director of Housing & Redevelopment Mike Adams, Director of Community Development 0513h J� illy CITY OF HUNTINGTON BEA H �T INTER DEPARTMENT COMMUNICATIO ! III-N I IN(.ION III II Bob Franklin From Keith4Bbhr To Associate Planner Redeve opment Specialist CUP # 90-48 Date November 29, 1990 Subject ZCW SQUARE REDUL Bob, with regard to the application for-Conditional Use Permit 90-48, we are requesting the following changes be incorporated. 1) The applicant should read, "Huntington Beach Redevelopment Agency/Garter Service Corporation. The Agency holds the majority interest (two-thirds) in this parcel, along with the other owner participant, Charter Service Corporation. 2) We are rescinding the request for hard liquor sales. The proposed market would only sell beer and wine.. 3) Please be aware that the proposed -convenience market that we are seeking will also incorporate a full sandwich deli counter within. Further, for your information, on Wednesday, November 28, 1990, Agency staff and representatives of Charter Service Corporation met with seven of the Town - Square condominium owners in an attempt to address any concerns that they might have regarding the proposed market. I have summarized their major concerns and our proposed mitigation measures below. Refrigeration/ Compressor Noise: The general contractor has consulted with a sound engineer and .they feel. all sound attenuation and vibration will be neutralized. Loitering: We believe the elimination of pay phones, video games, and the lack of a large parking lot area for people to assemble will keep loitering to a minimum. Trash: The retail has its own trash room and bins that will be picked up daily, and therefore, will not have any impact on the residents refuse service. Hours of Operation: We are requesting the hours of 7:00 AM - 12:00 Midnight, seven days a week, as preferred by the prospective tenants. The association board members would only agree to 9:00 AM - 5:00 PM. .. 3 We feel this defeats the purpose of having a convenience market given that most residents are at work during those hours. Alcohol Sales: As previously stated we have deleted the request to sell hard liquor, but feel that beer and wine is an appropriate product to be offered in this market. Parking: Michael Gifford's memo to you dated October 8, outlines the provided parking. Residents were concerned that patrons would be parking on the streets adjacent and across from.the..market. This may occur to a certain extent, but the nearest curbs on both 6th and Main Streets are painted red. We also discussed with the property owners the additional types of uses we were seeking to fill out the retail space. Zhose uses that were amenable to all present included the following: shoe repair video store coffee shop/bakery hardware pharmacy florist stationary store travel agent hair salon/barber dry cleaners Thank you for your assistance with this application. Representatives from our leasing agent, Coldwell Banker, Carter Service Corporation, and myself will be in attendance at the Planning Commission meeting to respond to Commission's concerns. If you have questions, please call me. KBB:lp TITLE 4 DEPARTMENT OF ALCOHOLIC; BEVERAGE CONTROL 4 61.4 (Register 84, No.23-4-9-M) (p, 24.7) (6) The number of retail licenses in the county shall be determined by the most recent yearly retail license count published by the department in its rocedure Manual, Volume I, P 2. is rule does not apply where the premises have been licensed and operated with the same-type license within 90 days of the application. N : Authority cited: Section 25750, Business and Professions Code and Section 22 of Article XX, California Constitution. Reference: Section 23958, Business and Professions Code. - HISTORY: 1. New section filed 8-1-77;effective thirtieth day thereafter (Register 77,No.32). For history of former section, see Register 61, No.20. 2: Amendment filed 4-4-79 as an emergency;effective upon filing (Register 79,No. 14). 3. Certificate of Compliance filed 6-29-79 (Register 79, No.26). 4. Amendment filed 6-29-79; effective thirtieth day thereafter (Register 79, No.26). 61.4.. : Proximity to Residences. No original issuance of a retail license or premises-to-premises transfer of a retail license shall be approved for premises at which either of the following conditions exist: (a) The premises are located within 100 feet of a residence. (b) The parking lot or parking area which is maintained for the benefit of patrons of the premises,or operated in conjunction with the premises,is located within 100 feet of a residence. Where the parking lot is maintained for the benefit of patrons of multiple businesses in the vicinity of the premises, the parking area considered for the purpose of this rule shall be determined by the area necessary to comply with the off-street parking requirements as mandated by the local ordinance, or if there are no local requirements for off-street parking, then the area which would reasonably be necessary to accommodate the anticipated parking needs of the premises, taking into consideration the type business and operation contemplated. Distances provided for in this rule shall be measured by airline from the closest edge of any residential structure to the closest edge of the premises or the closest edge of the parking lot or parking area, as defined hereinabove, whichever distance is shorter. This rule does not apply where the premises have been licensed and operated with the same type license within 90 days of the application. Notwithstanding the provisions of this rule, the department may issue an original retail license or transfer a retail license premises-to-premises where the applicant establishes that the operation of the business would not interfere with the quiet enjoyment of the property by residents. ; NOTE: Authority cited: Section 25750, Business and Professions Code;Section 22,Article XX, California Constitution. Reference: Section 23958, Business and Professions Code. HISTORY: ISTORY: 1. Ne", section filed 8-1-77;effective thirtieth day thereafter (Register 77, No.32). For history of former section, see Register 61, No. 20, 2. Amendment filed 6-27-79 as an emergency; effective upon filing (Register 79, No. 26). 3. Certificate of Compliance filed 10-25-79 (Register 79, No.43). �• •_4 10, 1990 From: Fred L. Shafer President Toan Square HOA To: City or Huntir_-toil 3- each Coulicil ijel'abe.i3 The purpose of this letter is to describe T&an Squares ob- jection to the recent approval by the plannin- cormaission of a "Convenience ;•Iarket" in the rotail section of Town Square, (Conditional Use Pernit No. 90-43) . As you knoa) 1 w,,n Square is a mi.;ed use project consistin4 or residential and coi-,imercial. Charter Services Corporation and the Iiu.ntin ton Beach Redevelopment Agency applied and received approval "or a "Convenience Ha_rket" in the retail secti.oll of Town Square. Tllis "Convenience i:arlcet" was ori;;inally called a Liquorj,.!ar:tiet and has had its name chal_oed tiulti.ple times. Now as a "Conven- ience Iiarl.et" it elill sell beer and urine. Basel on their plan to sell liquor; uo contacted Alcoholic Beverage Control (A8C) and were told that they mould not approve the sale of any al- coholic bevsra,e, including beer and Stine, within 106 feet of ally residence. ABC cited the California Code of Zegula.tions, J alifornia Administrative Code, Chapter 1 , Title 4 Pule 61 .4 See attached) used on thl a I stron-1y st1,36est that ABC be contacted by the Planning Coruaizsion to determine if tae rules end re,ulations of ABC will allow the isGualnce of a liquor.' licsnse. Assui,iii.L-) tl.e liquor 1a.cense is not approved, vie still object I; any Store that `;rill be open bef o:^e 9a13 c'.nw' past 9pr;1. le believe this is rlore on t:le past of the 0117rers or the Condon-• inia:as. II soi t.?e =ollowi..l; lac-c o shoul. be tnken in to Cor,- Si der at-0i'1 l'r_t;_ rC'Ga: ;-i to any occL:peait. in r�tail u5c t-on• ,i_ Ut an Q :.lo,:t, coil .?'il for the prc�e nvir o:l:sen r ami 1 y a a-••ii, 1Qr V I 411e ^'.1 ive_" t r uCI-r 1-., ' p r o bl� .-10 ai. ­:1 h-ours Of Ooarc�.tioii• ^_s .;tate.l aUovc, on Lp i 990, Chi._tar Servec2S Cor -- o-ration s n-,—.L t'1�' iuntington J2caci1 Zenc' ar,,-Ile, to t1ie r'l%li''_n—in, Co., rii-sion :'or `-.a Co'lldi"-ic.n.al l ."a for t11 ,':1JQVC -'1., `?.:Y:]it '.;cis =;Y'- "1`4n-� �` )� '%O ,• _ 0U. E.: ?:?�:�� ')e=orc t::2 k`l�.11:1 - CCit�r:= 10:? 1/1 Oi?i�0$�l Q : tQ t r)e_!....I t- .�1�' 01?e i'..Vo \�'_ • _ ' �'... 61a0'_:) , �.iLL"1-1� -. (`+den _C_ t:i.. 'i�• rCw -�v: ► _L +,• ^�_,�" r v: �1� V�r ;�•T .�1: J- ..\.__ _. 1LJ:: vCi1 ...� .� ^`_.�'I,?J.O' '3?ity•J.i� � `:� � . •—,• 1 - - - v ...'. , - ', C sta omento Burin- the proceedings concerning his contacts witLI h the rezidonto of To1`7n Snua_re ar,:l the survey he had made. Thies supposed survey slid not have d.ocui!lentation nor did tlhe Planning COIli3j EG].021 'lai= for any. '.:fie the Board of own Square have formally surveyed approximately 70;J of the resiJents and all ( 100;5) ,sere against a liquor store. �';e have a sic-ned petition as nocumentat-ion (See attached The reila;n n; anpa,o::i:i+ateiy `0;; -ere not contacted due to their un_ avalizabi l it f. Ho'3ever, we tl.ink that kith tl:e results being unanirlous with this appro::imate 70 j', that the percentage against would be 90;)' or hi- her if t.•re did succeed in contacting the re- !Ilainino }Let me bring sometl;in'- to youz- attention. Mr. Brian Olson and R . Ileith 13011hr are co_olffner Of Unit w,219 in sown Square. This Irli t "'mo vre-sold the ni,,lht before the general public lYa3 allow- ed to buy, even thou;h the rules as shed to us had oily units 319 wad 323 as pre-sold �(See attached) . All of the ramai ning units were sold wit.lin a our period. I believe a possible conflict, of intrest may e::ist with possible spec!al favors both :lay;. JTlie City Council should loon into tl.ic nat-tor. 'low can a Redevelo;���!ent employee, a City of hunt ington Beach civil servant, get preaersntial treatlicnt in the purchase of a unit be-fore the general public? I thinly this is highly unusual and bears lookinG into. i r m sure the nwaspaper souls: Get to the bottom of it, in a hur,:y. The above approved by the P1an♦r!i.ng Cowission has not been ade-- quateltr discussed ;with the residents o:: To�tn Square and tlhe Plan.- nin" Coi=isaion Iriade th-eir • ecissj on based on misinformation by 1 e,teveZOU!:181i'% Staff and otherS. "J'a recommand a survey be taken of t' e resident; of Town Square and the si-n, ed survey be sum- nor ad 2zzid presented to v:'t''. City Council �705J Or gr eat''.e:' paz­ ticination. would, be acequite) . ��31ti1 aLlC'? ti1'1e aS + hiS 7 0 CO np e;,eCl the CieC13101I t7 �h re-ar-I CC t'_I ��Co ven;C co StGCre<< 3z hou-I be !�.. . -'� abeya_:C". i ar?y rL .?in u"-''ns"'!ere... If, : 0L` have any tue.3tionz Conce_n- _n the above, '_Iee _=ee t0 CCjt .Ct tih2 LL2 ;��'si,;ne�; at (711 ) r-7�-a^n r C: L. Shafer ' r-U �g V 1P J on-'t V' i ADDRESSES (753204) i Rita Sadako Richardson Peter J. Ryan R.obert.Smith 415 Townsquare #301 ! 415 Townsquare #101 415 Townsquare #313 Huntington Beach, CA 92648 Huntington Beach, CA 92648 - Huntington Beach, CA 92648 Peter C. Harmais David Chavez Kimon Haramis Matallana Voigt 415 Townsquare #103 415 Townsquare #104 415 Townsquare #105 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Julie Migliaccio Jeffrey Koegel James M. Horist Andrew Migliaccio Jeri Koegel Jody L. Horist 415 Townsquare #106 415 Townsquare #107 415 Townsquare #109 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Arthur & Brenda Coopman Robert P. Castro Gregory & Laura Carrow Bernadine Smith Mildred A. Castro Joseph & Yonda Carrow 415 Townsquare #110 415 Townsquare #111 415 Townsquare #112 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Yogesh Parikh Joseph D. Robertson Edward S. Brown Bharti & Mihir Parikh 415 Townsquare #113 415 Townsquare #114 415 Townsquare #122 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Harry Rubin Gilbert & Julie Jones Edith Rubin Thomas Jones Lynn Tetrault 415 Townsquare #123 415 Townsquare #124 415 Townsquare #125 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Phillip James Gallagher Jerry Nuzzo Sharon Jean Tetrault Kristie D. Gallagher Erin Warde 415 Townsquare #126 415 Townsquare #127 415 Townsquare #201 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Alan & Barbara Schwartz Robert Lacy Susan Schwartz Inger Jurs Leonard Zemaitis .415 Townsquare #202 415 Townsquare #203 415 Townsquare #204 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 �D Robert,Delmonte Dennis K. & Dana L. Sata Sonja Jurs :Timothy O.Brien Linda Rudolph * Ron Sata 415 Townsquare #205 415 Townsquare #206 415 Townsquare ##207 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Roger A. Hiles William Beck Elizabeth S. Hiles Patricia Beck Mark Miller 415 Townsquare #208 415 Townsquare #209 : 415 Townsquare #210 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Gary L. Wilkinson Gerald Holombo John 1. Hooker Susan Wilkinson Martha Holombo 415 Townsquare #21.0 415 Townsquare #212 415 Townsquare #213 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Gregory & Margery Ziemba Fred Shafer Robert & Margaret Prichard Margart Shafer Robert Briggs 415 Townsquare #214 415 Townsquare #215 415 Townsquare #216 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Paul Liguori Keith B. Bohr* Nicholas & Anna Mae Liguori Franco Galanti Brian Olsan 415 Townsquare #217 415 Townsquare #218 415 Townsquare #219 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Mathew A. Harty Joe Weber Burnett Lawrence D. Harty 415 Townsquare #220 415 Townsquare #221 415 Townsquare #222 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Michael & Robert Hagemister Robert Bruce Mark E. Lohrbach Tamlyn Lybeck Susan Bruce 415 Townsquare #223 415 Townsquare #224 415 Townsquare #225 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Deborah L. Kessler Alan H. Kessler Daniel & Janet Bradley Steven A. Sarja 415 Townsquare #226 415 Townsquare #227 415 Townsquare #302 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Norman Branyan Peter Paxson Michael P. Delaney Tsarina 1. Branyan Alberta Paxson 415 Townsquare #303 415 Townsquare #304 415 Townsquare #305 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Lee S. Burke Myra Michelson 'Karen D. Branton Kathleen Carreras 415 Townsquare #306 415 Townsquare #307 : 415 Townsquare #308 Huntington Reach, CA 92648 !Huntington Beach, CA 92648 Huntington Beach, CA 92648 . i Surjit & Kawaljit Kalsi Susan B. Lavine Sabine Wromar 415 Townsquare #309 415 Townsquare #310 ' 415 Townsquare #312 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Jeffrey Horton Jerry S. Kaufman Eleanor Michelson Kathleen A. Horton Diana R. Kaufman 415 Townsquare #313 415 Townsquare #314 415 Townsquare #315 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Shelley L. Johnson David Marin Curtis D. Platt 415 Townsquare #315 415 Townsquare #317 415 Townsquare#318 Huntington Beach,CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Sante Campanile Ted Szuba Leslie Pinchuk Karyl Campanile Carol Szuba Judy Pinchuk 415 Townsquare #319 415 Townsquare #320 415 Townsquare #321 Huntington Beach, CA 92648 Huntington Beach, CA 92648 . Huntington Beach, CA 92648 Peter Crowley, Jr. Nancy T. Crowley Mola Development David S. Coopman 415 Townsquare #322 415 Townsquare #323 415 Townsquare #324 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Simone R. Broderick Beverly Mendes Carlene L. Anderson 415 Townsquare #325 415 Townsquare #326 4.15 Townsquare #108 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 California Coastal Commission South Coast District Office, 245 West Broadway, Suite 380 Long Beach, CA 90807 - APN: 024-133-37 APN: 024-133-26 APN: 024-133-27 Marguerite Evans Welch Town Square Town Homes Ass Town Square Master Communi 404 TownsquareLane 4699 Jamboree Rd ' 4699 Jamboree Rd ,, Huntington Beach CA 92648 Newport Beach CA ' 92660 Newport Beach CA 92660 APN: 024-133-13 APN: 024-133-32 APN: O24-133-15 Town Square- Master Communi Nola Development Corp Charter Service Corp 4699 Jamboree Rd . 4699 Jamboree Rd . 4699 Jamboree Rd . Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 ' APN: 024-133-16 APN: 024-133-35 APNa 024-133-24 Charter Service Cor` Charter Service Corp Charter Service Corp 4699 Jamboree Rd . 19110 Magnolia 4699 jamboree Rd ,, Newport Beach CA 92660 Huntington Beach CA 92646 Newport Beach CA 92660 APN: 024-133-36 APN: O24-172-12 APN: 024-135-01 Charter Service Corp City of Huntington Beach City of Huntington Beach 4699 Jamboree Rd ,, 2000 Main St. 2000 Main St. Newport Beach CA 92660 Huntington Beach CA 92648 Huntington Beach CA 92648 4PN: 024-133-31 APN: 024-133-33 APN: 024-134-13 Nola Development Corp Nola Development Corp Merle Cade 4699 Jamboree Rd . 4699 Jamboree Rd ,, 17532 Metzler Lane Newport Beach CA 92660 Newport Beach CA 92660 Huntington Beach CA 92647 � _ APN: 024-134-12 APN: 024-134-11 APN: 024-134-10 Charles Sarrabere B. M. Jurkovi ch B._ M. Jurkovi ch `- 201 5th St., 241 Argonne Ave. 241 Argonne Ave. Huntington Beach CA 92648 Long Beach CA 90803 Long Beach CA 90803 APN: 024-172-05 APN: 024-134-06 APN: 024-133-12 Virgil E. Brewster Branko Cavic Robert J' Koury 7922 Speer Ave. 410 Main St. P.O. Box 65176 Huntington Beach CA 92647 Huntingtn Bch CA 92648 Los Angeles CA 90065 . ' APN: 024-134_08 APN: 024-134-O7 APN: 024-134-05 - Branko Cavic Branko Cavic Robert Mandic 410 Main St. 410 Main St. 12689 Lanakila Lane Huntingtn Bch CA 92648 8 Huntingtn Bch CA 9264 Garden Grove CA 92641 ' / APN: 024-133-10 APN: O24-133-09 APN: 024-134-04 California Rpsorts Manfred Lengsfeld Robert P . Mandic 305 Walnut St. P.O. Box 1047 - 12689 Lanakila Lane Huntington Beach CA Tustin CA 92680 Garden Grove CA 92641 APN; 024-134703 APN: 024-134-01 APN: O24-134-O2 Mervil D. Beck �James Riley Fox City of Huntington Beach Redeve] 8491 Atlan'ta Ave. 11783 Eton Dr. 2000 Main St. Huntington Beach CA 92646 Grand Terrace CA 92324 Huntington Beach CA 92648 ' APN: 024-172-11 APN: 024-172-10 - APN: 024-172-09 Hertha L. Backlund Hattie E. Heim Gun Eun 27051 Hidden Trail Rd . 16392 E. Heim Ave. 5102 Churchill Ave. Laguna Hills CA 92653 Orange CA 92665 Westminster CA 92683 APN: 024-134-09 APN: 024-133-25 APN: 0247133-14 B. M. Jurkovich Steve S. Golgolab Daniel Salerno 241 Argonne Ave. 501 Pierside Circle 504 Pierside Circle Long Beach CA 90803 Huntington Beach CA 92646 Huntington Beach CA 92648 APN: 024-133-23 APN: 024-133-34 Anna Maria Thompson Mark A. Najera 505 Pierside Circle 410 Townsquare Lane Huntington Beach CA 92648 Huntington Beach CA 94628 ' ' ` ~—~ E >t �ijYp r .kL*"4 r�`�yK3-k�,,N. t . j e RR t shh?Oil iy Ai1, 1 N MIR I 024,._173.. 0:1. !1r'Nw 02 4....:L '::;....t;2 flPN:: 024....173...0, ?.. Higgins Hattie E::a. Heim Huntington BeachCompanyE:a.t.i.;:}. '-• P.O. Box 761:1. ::505 Lake St. :I.r';.. '%2 I..:a. Heim Ave. ,.:•_lll l-'•I"<:?IIC::Lst..o I:.•'.j1 94120 1'1uI1"I:.:1.1'Yfa'I:ol'1 Btc._+.i::l'1 L.:A '. ',r..•'..: L_II";AI"If:li?.:. CA 266•.. .. ,� .. AIIt:IP'ew >:i'7•.Upiri 1:,..o1:){71,.t •,) .. k.{:1t.try 3701 Birch St.. P.O. Box 65176 .. 1 1s Newport 1.:;�::•.•::t!::I� I...t.,-:::. i•�l1�7(:Ic:- I.�:::... l. r'�! :��...t�.,r••... r^� I r�