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HomeMy WebLinkAboutCUP 95-68/VA 95-19 - EZ Lube/Edinger/Gothard Appeal Approved NOTICE OF APPEAL TO PLANNING COMMISSION ACTION OF Date of Planning Commission Action TO: Planning Dept (2 copies) DATE: b City Attorney (1 copy) FILED BY ��Aln gnu er REGARDING: ��9 S-ADS 1EZ 1-"e l a u 1 Tentative Date for Public Hearing: G bQ, O¢.�Cr Yin:✓�Gr� by 4e P�MA��y �$P�• Copy of Appeal Letter attached. LEGAL NOTICE AND A.P.MAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE Connie Brockway City Clerk i x5227 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange I am a Citizen of the United States .and a 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 clerk of 'PUBLIC NOTICE allow,a Portion.01 The build NOTICE OF in g to encroach into the 50_; the HUNTINGTON BEACH INDEPENDENT a PUBLIC HW11"G feet setback„on Edinger r BEFORE_THE ` " Avenue. Location7381 newspaper of general circulation, printed CITYCOUNCIL07 Edinger:Avenuhafd.Strebt ti ,= comer"of Gothard Street:;, THB C1TY,OF and Edinger Avenue. and published In the City of Huntington HUNTINGTON BEACH . I Pro)ect Planner Susan". NOTICE:- IS-,HEREBY. Pierce IS HEREBY' B each, County of Orange, State of November that on :Monday; GIVEN that the above Item November a City---Council a until is categorically, axem t PM in the City--CounciloP California, and that attached Notice is a Chambers, 2000 Main I' from the provlsiona_of the true and complete copy as was printed Street, Hunun�ton Beach, California Environmental the City Council-will hold a Quality ACC and .published in the Huntington Beach public hearing on the .Ing pON FILE q cop of tfie lowing planning and zoning I roposed request a on file item: n the City• lerk s Office; and Fountain Valley issues of said 1. CONDITIONAL IJSE: 2000 MP Street, Hunting= PERMIT NO: 9568NAR1 ton Beach, California'; ANCE NO.95-19-APPEAL` 92648;°for.inspegtlon' by newspaper.to wit the issue(s) of: Applicant: EZ Luba .c/wfjl the public. A copy of the Mike Dobson.- Appellant: staff report will be available.; Councilmember�Bauer to Interested parties at the Request: -Appeal--to the City Clerk's Office, after Planning Commission+s- November 17',1995 conditional approval to per :{ ALL INTERESTED PER'--, mit a 3,126 square feet• SONS are Invited to attend auto .service: buildin said hearing and express November 9 , 1995 II opinions- or submit evi- chan(drive-through ,=otil ; dance for or. against,the change) and a variance to I;application as outlined above.If you challenge the City Council's;._act_ion-;in court; you'may',.6e"limited to raising only those Issues, you or someone else-' I declare, under penalty of perjury, that raised at the public hearing described in thts,riotice,or the foregoing is true and correct. In written correspondence delivered to the City at or. pprlor:to,the public hearing. B there are any further questions please call-the" Planning Division at 536-- Executed on November 9 1995 5271 and refer to the above Item. Direct-your j at Costa Mesa, California. written,communicatlons:to.� the City Clerk. 1. Connie- Brockway,', City Clerk,:City M"Hun• tington Beach,_2000; Main Street,2nd_Floor, Huntingten Beach,Cal- ifornle 926481' (:714). 53"227 Published .Huntington Beach-Fountain Valley In- dependent November 9, ; 1995. Signature ," 112-417 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. County of Orange I am a Citizen of the United States .and a 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 clerk of PusiicNOTiee ,: allow-a portion of the bulld the .HUNTINGTON BEACH INDEPENDENT, a NOTICE.OF Ingto;encroach•Irrtoth0501 r PUBLIC'HEARING -' feet -setback:-;ont Edinger ; newspaper of general' circulation printed BEFORE"THE Avenue Locetlon "736t i Edmger Avenue northeast and published in the City of Huntington cirvcpuiNc0.oF comer ot,G,othard AAstieet THE CITY OF and Edinger 'A A' HUNTINGTON BEACH > Pro I Planner Susan Beach, County of Orange, State of NOTICE IS- HEREBY Pierce ` - GIVEN that on.,Monday; NOTICE- IS HEREBY California, and that attached Notice is a November20,1995;at6:30 GIVEN that the above item PM In the =City Council Is categorleally exempt true and complete copy as was printed Chambers, 2000 Main from the provisions of'the California -Envfronniental ' - Street;.Huntington Beach, _ and published .in the Huntington Beach the CityCouncil n the►f a QualityOFILct. T public hearing on the fol-: ON FILE* A-'copyy of,.the fowihg planning and zonin i roposed request is-on file. and Fountain Valley issues of said item: I- 9 ln-the City"Clerks orflce, 1.. CONDITIONAL USE-�2000 Maln;Street, Hunting- newspaper.to wit the issue(s) of: PERMIT NO. 95-681VARI- ]ton- Beach, California; ANCE NO.95-19-APPEAL 92646; fore Inspection by Applicant:—EZ Lube• c/o j the public. A copy of the-' ll IMlke Dobson. .:Appellant I gaff report'wf be available 'Councllmefter Bauer ., i C,Interested partlea at the,•` Request:--Appeal. to :;the City Clerk's Office, affe'r � November 17,1995 Planning Commisslon'swi ALL- INTERESTED-PER- on Iton approval to per;-.I iSONS are invited to attend. November 9, 1995 Tilt. a 3,12s aquas-feet auto-- service buiidin6•={( lhl said hearing submtpress : evi- (drive-through Tube/oil change) -t variance to !�dencen o i for or. against the the.I _and I _'application_,.as outlined-I ,above.If-you,c4a9enge the• . City Council's actlon In (court, you may be limited I declarer underpenalty enalty of perjury, that torafsing only those lss6w p 1 you or someone else raised at the public hearing the foregoing is true and correct. described In this notice,or In written correspondence delivered to the'Clty°at,or prlonto,the"publlc hearing. If there-are'-any further Executed on November 9 5 questions please call _the 1995 Planning Division at, 536-. 527, and refer to the..- at Costa Mesa, California. above item. Direct your< written communications to the City Clerk. Connie-.Brockway, City Cfor k,-Clty";of Hun.; I ngton Baacti, 2000 NleI treeti 2nd Floor, Fluntington Beach,Call. Ifornfe g4848,. (714). 338- 227 Published Huntington Beach-Fountain Valley In- dependent November` 9, Signature 1995. 112-a17 �,"le CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 19, 1995 Mike Dobson EZ Lube 2447 Pacific Coast Highway, #106 Hermosa Beach, CA 90254 The City Council of the City of Huntington Beach at their meeting held November 20, 1995, approved Conditional Use Permit No. 95-68 with findings and conditions of approval for a revised site plan which conforms to the setback requirements and denied Variance No. 95-19 with findings and modify Condition of Approval No. 6(i) to delete requirement for any construction of public improvement but still require dedication of property. Enclosed is a Statement of Action defining those findings and conditions. If you have any questions regarding this matter, please call the Office of the City Clerk at (714) 536-5227. Connie Brockway, CMC City Clerk Evelyn Schubert, GMC� Deputy City Clerk Enclosure cc: Melanie Fallon, Director of Community Development 9Afo11owup\a9rmt (Telephone:714-536.5227) STATEMENT OF ACTION OF THE CITY COUNCIL CITY OF HUNTINGTON BEACH Indicates Portions Of The Meeting Not Included In The Statement Of Action Council Chamber, Civic Center Huntington Beach, California Monday, November 20, 1995 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Leipzig called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, (Garofalo arrived at 5:20 p.m.) ABSENT: None (City Council) Public Hearing -Appeal Filed By Councilman Ralph Bauer To Planning Commission's Conditional Approval Of Conditional Use Permit No. 95-68 -Variance No. 95-19 - EZ Lube - 7361 Edinger-Corner Of Edinger And Gothard - Conditional Use Permit Approved With Amended Conditions Of Approval -Variance Denied (420.40) The Mayor announced that this was the meeting set for a public hearing to consider the following appeal: Applicant No: Conditional Use Permit No. 95-68 -Variance No. 95-19 Applicant: EZ Lube c/o Mike Dobson Appellant: Councilmember Bauer Request: Appeal to the Planning Commission's conditional approval to permit a 3,126 square feet auto service building (drive-through lube/oil change) and a variance to allow a portion of the building to encroach into the 50 feet setback on Edinger Avenue. Location: 7361 Edinger Avenue, northeast corner of Gothard Street and Edinger Avenue Page 2 - Statement of Action Environmental Status: The item is categorically exempt from the provisions of the California Environmental Quality Act. Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. The Mayor declared the public hearing open. Late Communications Announced Earlier In The Meeting By The City Clerk: Communication received from the Director of Community Development. Communication dated November 14, 1995, from Edward Zimmer representing Levitz Furniture Corporation in support of the project. Communication dated October 26, 1995, from Michael J. Dobson, President, EZ Lube, transmitting an informal petition with approximately 16 names in support of the project. Communication directed to Mayor Leipzig dated November 15, 1995, from Michael Dobson, President of EZ Lube, in support of the project. There being no one further to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Garofalo, seconded by Green, to approve Conditional Use Permit No. 95-68 with findings and amended conditions of approval for a revised site plan which conforms to the setback requirements as listed in Attachment No. 6 to the Request for Council Action dated November 20, 1995 and deny Variance No. 95-19 with findings for denial as listed in Attachment No. 3 to the Request for Council Action dated November 20, 2995. An amendment to the motion was made by Les Jones, Public Works Director, accepted by Garofalo, to amend the condition of approval 6(i) as follows: "To delete the requirement for any construction of public improvements but still require dedication of property." Page 3 - Statement of Action Findings For Approval - Conditional Use Permit No. 95-68: 1. The establishment, maintenance and operation of the proposed 3,126 square foot auto service facility will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Sufficient parking will be provided for the commercial use. Driveway modifications eliminate a driveway on each street and provide wider driveways which reduce traffic congestion near the intersection. The structures will be built in compliance with the Uniform Building Code and will not pose an undue health and safety risk to residents in the vicinity. 2. The granting of the conditional use permit the proposed auto service facility will not adversely affect the General Plan. The Land Use Element provides for this type of use. 3. The proposed auto service facility will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. The proposed auto service facility complies with the commercial development standards except for the variance request. Findings For Denial -Variance No. 95-19: 1. The granting of a variance for reduced front setback in conjunction with an auto service facility will be materially detrimental to the public welfare or injurious to property in the same zone classification and is not consistent with the draft General Plan. The subject property is located on a site that is proposed to be redesignated as Regional Commercial which does not encourage auto service type uses. 2. There are no special circumstances applicable to the subject property. The site complies with the minimum site area and frontage requirements of Chapter 211. It is relatively flat and rectangular in shape. Conditions Of Approval - Conditional Use Permit No. 95-68 1. The site plan, floor plans, and elevations received and dated August 23, 1995, shall be the conceptually approved layout with the following modifications: a. Relocate the building ten (10) feet to the east. b. Provide additional landscaping between the building and the increased setbacks from Edinger Avenue and Gothard Street. Page 4 - Statement of Action 2. Prior to submittal for building permits, the following shall be completed: a. Depict all utility apparatus, such as but not limited to backflow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. c. Elevations shall depict colors and building materials proposed. d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the following shall be completed: a. The property owner shall dedicate a strip of land 9.00 feet wide along Edinger Avenue and an area at the corner of Edinger Avenue and Gothard Street with 29.00 feet radius. Page 5 - Statement of Action b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 233 of the Huntington Beach Zoning and Subdivision Ordinance. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. The landscape planting shall provide for and accommodate the ultimate landscape concept for the Edinger Avenue Corridor. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). d. Hydrology and hydraulic studies shall be submitted for Public Works approval. e. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent property. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. f. Fire Department requirements shall be noted on the building plans: 1. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. 2. Address numbers shall comply with City Specification No. 428. 3. Installation or removal of underground flammable liquid storage tanks shall comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. 4. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: Page 6 - Statement of Action b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 6. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. d. The reciprocal driveway improvements shall be completed. e. Remove the most westerly driveway on Edinger Avenue and the most southerly driveway on Gothard Street and replace with curb, gutter and sidewalk. f. Remove and replace the most northerly driveway on Gothard Street and the most easterly to comply with Standard Plan No. 211A & B. g. The existing traffic signal conduit and equipment shall be protected in place. h. Any existing overhead utilities shall be installed underground. i. The property owner and/or applicant shall enter into an agreement with the City to dedicate property. Information On Specific Code Requirements: 1. All applicable Public Works fees shall be paid. 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. 3. An encroachment permit shall be required for all work within the right-of-way. Page 7 - Statement of Action 4. Parking lot striping shall comply with Chapter 231 of the Huntington Beach Zoning and Subdivision Ordinance and Title 24, California Administrative Code. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6. The development shall comply with the new State Handicapped Regulations. Access for the disabled is required from the public way to the entrance and within the building. 7. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal Holidays. S. All new utilities shall be installed underground. 9. Conditional Use Permit No. 95-68 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum of 30 days prior to the expiration date. 10. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95-68 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None Mayor Leipzig adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California r J Page 8 - Statement of Action ATTEST: /s/ Connie Brockway /s/Victor Leipzig City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their adjourned regular meeting held on the 20th day of November, 1995. Witness my hand and seal of the said City of Huntington Beach this the 13 th day of December, 1995. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B Deputy C&y Clerk 01 V�m v2—XZ, r�- � J.• MAYOR RECEIVEC, Victor Leipzig City of Hu itin 06ti ]Re.%eu HUNTIUCTOtci f,AUF. MAYOR PRO TEMPORE - P. O. BOX 190 • 2000 MAIN STREET • CALIFORNIA 92678 Dm,e Sullit,an OCT 18 45 AM '95 COUNCILMEMBERS Ralph Bauer Shirle.v Dettloff Dm,id P—Garafalo Peter(]Wen cx Tom Hagman October 17, 1995 cry Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 I wish to appeal the Planning Commission's approval of Conditional Use Permit No. 95-68 and Variance No. 95-19, a request to allow EZ Lube at 7361 Edinger Avenue. The reasons for my appeal are: 1. The use is inconsistent with the recommendation by the General Plan Advisory Committee as part of the General Plan update that uses on the site be regional commercial. 2. The proposed use is incompatible with surrounding restaurant and retail uses, and will not encourage regional commercial activity in the immediate vicinity. 3. There are no special circumstances applicable to the site that warrant approval of a variance to the setback requirements. The site complies with the minimum site area and frontage requirements of Chapter 211 of the Zoning and Subdivision Ordinance. Sincerely, Ralph Bauer Councilmember 19HuNrIH AC k i DRUG USE Is TELEPHONE (714) 536-5553 October 13, 1995 EZ Lube c/o Mike Dobson 2447 Pacific Coast Highway, #106 Hermosa Beach, CA 90254 SUBJECT: CONDITIONAL USE PERMIT NO. 95-68NARIANCE NO. 95-19 PROPERTY OWNER: Freeway Industrial Park, 2032 La Colina Drive, Santa Ana, CA 92705 REQUEST: To permit a 3,126 square foot auto service building (drive-through lube/oil change) and a variance to allow a portion of the building to encroach into the 50 foot setback on Edinger Avenue. LOCATION: 7361 Edinger Avenue, northeast corner of Gothard Street and Edinger Avenue DATE OF ACTION: October 10, 1995 FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT 95-68: I. The establishment, maintenance and operation of the proposed 3,126 square foot auto service facility will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Sufficient parking will be provided for the commercial use. Driveway modifications eliminate a driveway on each street and provide wider driveways which reduce traffic congestion near the intersection. The structures will be built in compliance with the Uniform Building Code and will not pose an undue health and safety risk to residents in the vicinity. 2. The granting of the conditional use permit the proposed auto service facility will not adversely affect the General Plan. The Land Use Element provides for this type of use. 3. The proposed auto service facility will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. The proposed auto service facility complies with the commercial development standards except for the variance request. FINDINGS FOR APPR04PAL- VARIANCE NO. 95-19: • 1. The granting of a variance to allow a portion of the building to encroach into the 50 feet setback will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The zoning ordinance allows encroachments into the setback when additional landscaping is provided. Approximately 3,000 additional square feet of landscaping will be provided. Surrounding properties have varying setbacks. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is located at an intersection where the setback varies. 3. The granting of a variance to allow encroachment into the front setback is necessary to preserve the enjoyment of one or more substantial property rights. The encroachment will allow additional landscaping and special paving treatment to enhance the aesthetic quality of the proposed development. 4. The granting of the variance to allow an auto service facility will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The subject property is located at an intersection where the setback varies. The encroachment is only for a portion of the building that does not include landscaping. The structures will be built in compliance with the Uniform Building Code and will not pose an undue health and safety risk to residents in the vicinity. Granting of the variance is consistent with the Land Use Element, of the General Plan which allow a variety of commercial uses . CONDITIONS OF APPROVAL- CONDITIONAL USE PERMIT NO. 95-68/ VARIANCE NO. 95-19: 1. The site plan, floor plans, and elevations received and dated August 3, 1995, shall be the conceptually approved layout with the following modifications: a. Relocate the building ten (10) feet to the east. b. Provide additional landscaping between the building and the increased setbacks from Edinger Avenue and Gothard Street. 2. Prior to submittal for building permits, the following shall be completed: a. Depict all utility apparatus, such as but not limited to backflow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. c. Elevations shall dept colors and building materials propose d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the following shall be completed: a. The property owner shall dedicate a strip of land 9.00 feet wide along Edinger Avenue and an area at the corner of Edinger Avenue and Gothard Street with 29.00 feet radius. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 233 of the Huntington Beach Zoning and Subdivision Ordinance. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. The landscape planting shall provide for and accommodate the ultimate landscape concept for the Edinger Avenue Corridor. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). d. Hydrology and hydraulic studies shall be submitted for Public Works approval. e. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent property. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. f. Fire Department reprements shall be noted on the building'pts: 1. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. 2. Address numbers shall comply with City Specification#428. 3. Installation or removal of underground flammable liquid storage tanks shall comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. 4. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 6. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. d. The reciprocal driveway improvements shall be completed. e. Remove the most westerly driveway on Edinger Avenue and the most southerly driveway on Gothard Street and replace with curb, gutter and sidewalk. f. Remove and replace the most northerly driveway on Gothard Street and the most easterly to comply with Standard Plan No. 211A&B. g. The existing traffic signal conduit and equipment shall be protected in place. h. Any existing overh9eutilities shall be installed underground• i. The property owner and/or applicant shall enter into an agreement with the City to install street improvements and traffic signal modifications on Edinger Avenue and Gothard Street by a date certain. Said agreement shall be secured by a bond or deposit equal to 150 percent of the City's estimate (including inflation estimated) of the required improvements. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. All applicable Public Works fees shall be paid. 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. 3. An encroachment permit shall be required for all work within the right-of-way. 4. Parking lot striping shall comply with Chapter 231 of the Huntington Beach Zoning and Subdivision Ordinance and Title 24, California Administrative Code. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6. The development shall comply with the new State Handicapped Regulations. Access for the disabled is required from the public way to the entrance and within the building. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal Holidays. 8. All new utilities shall be installed underground. 9. Conditional Use Permit No. 95-68 and Variance No. 95-19 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum of 30 days prior to the expiration date. 10. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95-68 and Variance No. 95-19 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. I hereby certify that Conditional Use Permit No. 95-68 and Variance No. 95-19 were approved by the Planning Commission of the City of Huntington Beach on October 10, 1995, upon the foregoing findings and conditions. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for in relation to the vicinity in which it is proposed. The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements. It is recommended that yo*mediately pursue completion of the JR.' itions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing of your total application. Sincerely, Howard Zelefsky, Secretary Planning Commission by: Scott Hess, AICP Senior Planner Council/Agency Meeting Held: D ferred/Co in ed to: _ 1�_1. .. �pp"VOL /�lia+rtl�a c. 1I� ❑ Approved ❑ Conditionally Approved ❑ Denied 0 City Clerk's Signature Council Meeting Date: November 20, 1995 Department ID Number: CD 95-50 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB SUBMITTED BY: MICHAEL T. UBERUAGA, City Admin t /�- ovkkj PREPARED BY: MELANIE S. FALLON, Community Development Directowv� SUBJECT: APPEAL TO THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO. 95-68 AND VARIANCE NO. 95-19 (EZ LUBE) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment( o y'a Statement of Issue: Transmitted for your consideration is an appeal by Councilmember4r-6 a-rwol' Bauer to the Planning Commission's conditional approval of Conditional Use Permit No. 95-68 and Variance No. 95-19. The applications represent a request to establish a 3,126 sq.ft. auto service facility with a portion of the building encroaching into the required ate' 50 feet Edinger Avenue setback at 7361 Edinger Avenue. The appeal is based on threeexW concerns: 1) that the proposed use is inconsistent with the recommendation by the Generaloy / Plan Advisory Committee as part of the General Plan update that the site be regional "';1*66J commercial, 2) the proposed use is incompatible with surrounding restaurant and retail uses &dvo-A and will not encourage regional commercial activity in the immediate vicinity, and 3) there M-t— v are no special circumstances applicable to the site to warrant approval of the variance to the �7 �°`"' setback requirements. The site complies with the minimum site area and frontage _ requirements of Chapter 211, Commercial Districts, of the Huntington Beach Zoning and Subdivision Ordinance. * The Planning Commission is recommending approval of the request; the Planning Staff is recommending denial of the project. Fundinci Source: Not applicable #QUEST FOR COUNCIL ACTS MEETING DATE: November 20, 1995 DEPARTMENT ID NUMBER: CD 95-50 Recommended Actions: A. PLANNING COMMISSION RECOMMENDATION: Motion to: "Uphold the Planning Commission's action by approving Conditional Use Permit No. 95-68 and Variance No. 95-19 with findings and conditions of approval." (Attachment No. 2) Planning Commission Action on October 10, 1995 THE MOTION MADE BY LIVENGOOD, SECONDED BY KERINS, TO APPROVE CONDITIONAL USE PERMIT NO. 95-68 AND VARIANCE NO. 95-19 WITH FINDINGS AND CONDITIONS OF APPROVAL (ATTACHMENT NO. 2) CARRIED BY THE FOLLOWING ROLL CALL VOTE; AYES: HOLDEN, LIVENGOOD, BIDDLE, GORMAN, KERINS, SPEAKER NOES: NONE ABSENT: TILLOTSON ABSTAIN: NONE MOTION PASSED B. PLANNING STAFF RECOMMENDATION: Motion to: "Grant the appeal and deny Conditional Use Permit No. 95-68 and Variance No. 95-19 with findings for denial." (Attachment No. 3") Alternative Action(s): The City Council may make the following motion: "Approve Conditional Use Permit No. 95-68 with findings and conditions of approval for a revised site plan which conforms to the setback requirements (Attachment No. 6) and deny Variance No. 95-19 with findings." --//-- ��D/'1� 7-0 CD95-50.DOC -2- 11/13/95 3:54 PM FVQUEST FOR COUNCIL ACTIA MEETING DATE: November 20, 1995 DEPARTMENT ID NUMBER: CD 95-50 Analysis: A. PROJECT PROPOSAL: Applicant: EZ Lube, c/o Mike Dobson, 2447 Pacific Coast Highway, #106, Hermosa Beach, CA 90254 Appellant: Councilmember Ralph Bauer Property Owner: Freeway Industrial Park, 2032 La Colina Drive, Santa Ana, CA 92705 Conditional Use Permit Description: Conditional Use Permit No. 95-68 represents a request to permit an auto service facility pursuant to Section 211.04 (Vehicle Sales and Services, Vehicle Equipment Repair) of the Zoning and Subdivision Ordinance (ZSO). The 3,126 square feet auto service building includes three service bays equipped to service two vehicles each. A cashier area, waiting areas,and two rooms are located on the first floor. A small office and employee break room are located on the second floor. The lube area is located in the basement. Two outdoor patios are proposed near the corner of the site. The building design is Mediterranean with stucco walls and the roof, and includes a wall sign on the upper level on two sides. No ground sign is proposed. Reciprocal access will be provided to the adjacent property along the east property_ line. Required parking for 16 vehicles is proposed on the site. The applicant also proposes to close two driveways and to relocate and widen a driveway on each street. Nine (9) feet of dedication along Edinger Avenue is required for future widening. There are two phases of the project represented on (2) site plans (Attachment No. 4). The first plan depicts the proposed project prior to the proposed Edinger Avenue street improvements. The second plan reflects site conditions after street widening improvements are completed. Both site plans depict additional landscaping_at the corner and along Gothard Street, where a minimum 18 feet landscaped setback is provided, and a stamped terra-cotta concrete drive area adjacent to the service bay exits and the Edinger Avenue driveway. Variance Description: Variance No. 95-19 is a request to allow a building setback of 21 feet increasing to 44 feet with a 10 feet wide landscaped area in lieu of a minimum 50 feet along the Edinger Avenue frontage pursuant to Section 211.06E of the ZSO.' (All setbacks are measured from the ultimate right-of-way.) The building is situated on an angle to allow exiting of serviced vehicles onto Edinger Avenue. Section 211.06E of the ZSO requires a minimum CD95-50.DOC -3- 11/13/95 3:54 PM 06UEST FOR COUNCIL ACTS MEETING DATE: November 20, 1995 DEPARTMENT ID NUMBER: CD 95-50 50 feet setback from the ultimate right-of-way; a minimum 25 feet setback is allowed provided the entire setback area is landscaped. Until the widening of Edinger Avenue is completed, nine (9) additional feet across the Edinger Avenue frontage will be landscaped except at the driveway opening. The applicant has indicated that the variance is necessary to provide on-site circulation and ample space for vehicles exiting the service area. He also believes that the setback provision was designed for retail buildings that have store front glass and parking in the rear. Attachment No. 4.1 of Planning Commission Staff Report - Attachment No. 5) B. APPEAL: On October 17, 1995, Councilmember Bauer appealed the Planning Commission's conditional approval of Conditional Use Permit No. 95-68 and Variance No. 95-19 (Attachment No. 1). (The reasons stated for the appeal are as follows: 1. The use is inconsistent with the recommendation by the General Plan Advisory Committee as part of the General Plan update that uses on the site be regional commercial. 2. The proposed use is incompatible with surrounding restaurant and retail uses, and will not encourage regional commercial activity in the immediate vicinity. 3. There are no special circumstances.applicable to the site that warrant approval of a variance to the setback requirements. The site complies with the minimum site area and frontage requirements of Chapter 211 of the Huntington Beach Zoning and Subdivision Ordinance. C. STAFF ANALYSIS AND RECOMMENDATION: In the October 10, 1995, Planning Commission staff report (Attachment No. 5), two issues, land use/general plan compatibility and variance, were discussed. These issues are the basis for the appeal filed by Councilmember Bauer. Land use/General Plan Compatibility: The proposed project is consistent with the goals and objectives of the City's General Plan Land Use Map designation of Commercial General of the current Land Use Element. The General Plan Advisory Committee recommends a change in the land use designation for this site to Commercial Regional. Uses identified in the draft General Plan (page II-28) that are appropriate for Commercial Regional include department stores, outlet stores, "big-box" retail, retail commercial, restaurants, entertainment, banks, and automobile sales. The intent of the Commercial Regional designation is to enhance the Huntington Beach Mall, the Edinger Corridor, and adjacent properties as a key focal point of regional CD95-50.DOC -4- 11/13/95 3:54 PM GUEST FOR COUNCIL ACTIA. MEETING DATE: November 20, 1995 DEPARTMENT ID NUMBER: CD 95-50 commerce. The developments should also be designed to convey a visual sense of an integrated center. The proposed vehicle service use, drive-through lube/oil change, is not included in this classification. The subject property is at an intersection of two major arterials. The property located at the southwest corner is currently zoned and general planned industrial, however, the- General Plan Advisory Committee is also recommending redesignation of this site to Regional Commercial. This will further implement the goal of maintaining Edinger Avenue as a commercial corridor. Other corner properties at the intersection include a furniture store that had a exterior remodel a few years ago and a restaurant. In the immediate vicinity of Gothard and Edinger, except for the industrial site, a variety of retail commercial uses exist. These uses are compatible with the GPAC recommendation of Regional Commercial as the general plan designation. Edinger Avenue is a major commercial corridor in the City. The draft General Plan proposes that this arterial be a landscaped corridor which will require additional landscaping. It is also identified as a major entry corridor and would require all proposed development to be subject to more discretionary review through the Urban Design Element. The proposed use is not compatible with the draft General Plan, and does not generate commercial activity of the nature that will encourage patronage to adjacent sites. An auto service type use is more appropriate for sites that are zoned and general planned in the draft General Plan as General Commercial. An option for development of this site would be to incorporate the site into an additional parking area in concert with possible expansion of the Levitz building and/or use of the vacant space previously occupied by Sportsmart. In addition, on October 16, 1995 the City Council approved an Economic Development Strategy and on November 6, 1995, the City Council approved the Edinger Corridor Study which gave direction for future land uses to be regional retail and entertainment uses on Edinger Ave. between Goldenwest Street and the Beach Blvd. The proposed development is inconsistent with the study. Variance: A reduced setback on Edinger Avenue would be inconsistent with other developments in the area. On the northwest corner of Edinger and Gothard is a restaurant with 25 feet of landscaping adjacent to public streets, the southwest corner is developed with an industrial building at a 10 feet landscaped setback, and the southeast corner has a furniture store with parking and landscaping adjacent to Edinger Avenue. The proposed site plans depict landscaped areas adjacent to the arterials which exceed the size of landscaped areas provided on two of the three other corners. CD95-50.DOC -5- 11/13/95 3:54 PM R%UEST FOR COUNCIL ACTIA MEETING DATE: November 20, 1995 DEPARTMENT ID NUMBER: CD 95-50 Exceptional circumstances are not applicable to this site. It complies with the 10,000 square feet minimum site area, has over 100 feet of street frontage, is relatively flat, and is rectangular in shape. The site meets or exceeds the minimum development standards applicable to property zoned Commercial General. Granting of a variance to the development standards would be, therefore, a grant of special privilege. If the building were reoriented to provide a 50 feet setback from the ultimate right-of-way, it would result in service bays facing directly onto Edinger Avenue and reduction of the stacking area for vehicles waiting to enter into the service bays. In other words, circulation on the site would be inadequate. Another solution would be to reduce the size of the service bays. D. PLANNING COMMISSION MEETING SUMMARY: On October 10, 1995, the Planning Commission acted to conditionally approve Conditional Use Permit No. 95-68 and Variance No. 95-19. During the public hearing, four persons spoke in favor of the project. The applicant highlighted the features of the proposed project in terms of orientating the building to reduce the visual impact of service bay fronting Edinger Avenue, architectural components of the project, and the increased landscaping proposed to enhance the street scene. The property owner explained the tedious search for a tenant and noted that the site is too small for a commercial regional use. The real estate broker for the project stated that the site is inadequate for a big box retailer or restaurant use because these uses require larger buildings and additional on-site parking. He pointed out that the proposed building could be retrofitted in the future for a retail use. The architect for the project informed the Planning Commission that the parking provided for the use is more than required by neighboring cities. He also described the architectural features of the building. The Planning Commission discussed the possibility of restricting the use to a company operated facility, relocating the building to comply with the setback requirement, and compliance with the Edinger Corridor landscaping proposal. Staff advised the Commission that the project would be subject to the landscaping requirements in effect at the time of building permit issuance, if the project were approved. Also, it was noted that restricting the use to a company operated facility was not a legal condition of approval that may be applied to the project. The applicant told the Commission that the building could be relocated to comply with the setback provision, however, the service bays would face directly to Edinger and the on-site circulation and stacking area for vehicles waiting to enter the facility would be reduced. The Commission conditionally approved the Conditional Use Permit and Variance with a condition to increase the building setback and landscaped area along the Gothard Street side as a compromise to the reduced setback on Edinger. This condition of approval would allow additional landscaping to enhance the streetscape of the Edinger corridor. In addition, the Planning Commission approved the project because it would reduce traffic congestion CD95-50.DOC -6- 11/13/95 3:54 PM &UEST FOR COUNCIL ACTH MEETING DATE: November 20, 1995 DEPARTMENT ID NUMBER: CD 95-50 near the intersection by the closure of two driveways, sufficient parking would be provided for the commercial use, and the proposed use complied with the current Land Use Element of the General Plan. Environmental Status: The proposed project is categorically exempt pursuant to Class 3, Section 15303 of the California Environmental Quality Act. Attachment(s): NumberCity Clerk's Page 1. Appeal letter dated October 17, 1995 2. Findings and Conditions of Approval dated October 10, 1995 (Planning Commission Recommendation) 3. Findings for Denial (Staff Recommendation) 4. Site plan, floor plans, and elevations dated August 23, 1995 5. Staff report dated October 10, 1995 6. Revised site plan which conforms to the setback requirements CD95-50.DOC -7- 11/13/95 3:54 PM ATTACHMENT 1 MAYOR R E C E I v E L Victor Leipzig Ja c City of I�untilikv-d Beaeh MAYOR PRO TEMPORI HUNTIHCTuN IF. P. O. BOX 190 • 2000 MAIN STREET • `CALIFORNIA 92646 Dave Sullivan OCT 18 1 � 4 5 AH '95 COUNCILMEMBERS Ralph Bauer Shirlev Dettloff David P argalo Peter Gnen z Tom Hacman z G3' y. October 17, 1995 Q c� Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 I wish to appeal the Planning Commission's approval of Conditional Use Permit No. 95-68 and Variance No. 95-19, a request to allow EZ Lube at 7361 Edinger Avenue. The reasons for my appeal are: 1. The use is inconsistent with the recommendation by the General Plan Advisory Committee as part of the General Plan update that uses on the site be regional commercial. 2. The proposed use is incompatible with surrounding restaurant and retail uses, and will not encourage regional,commercial activity in the immediate vicinity. 3. There are no special circumstances applicable to the site that warrant approval of a variance to the setback requirements. The site complies with the minimum site area and frontage requirements of Chapter 211 of the Zoning and Subdivision Ordinance. Sincerely, RECEIVED OCT 1 (0 1995 DENT�=C+)?�Aa.CEV*rL. Ralph Bauer pL.fi:+It"IING DIVISION Councilmember !!' 9 ti ► ��O ,., -', m n H 11i." .13AI333)J TELEPHONE (714) 536-5553 ATTACHMENT 2 Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 October 13, 1995 EZ Lube c/o Mike Dobson 2447 Pacific Coast Highway, �106 Hermosa Beach, CA 90254 SUBJECT: CONDITIONAL USE PERINHT NO. 95-68/VARIANICE NO. 95-19 PROPERTY OWNER: Freeway Industrial Park, 2032 La-Colina Drive, Santa Ana, CA 92705 REQUEST: To permit a 3,126 square foot auto service building (drive-through lube/oil change) and a variance to allow a portion of the building to encroach into the 50 foot setback on Edinger Avenue. LOCATION: 7361 Edinger Avenue, northeast corner-of Gothard Street and Edinger Avenue DATE OF ACTION: -October 10, 1995 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT 95-68: l. The establishment, maintenance and operation of the proposed 3,126 square foot auto service facility will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Sufficient parking will be provided for the commercial use. Driveway modifications eliminate a driveway on each street and provide wider driveways which reduce traffic congestion near the intersection. The structures will be built in compliance with the Uniform Building Code and will not pose an undue health and safety risk to residents in the vicinity. 2. The granting of the conditional use permit the proposed auto service facility will not adversely affect the General Plan. The Land Use Element provides for this type of use. 3. The proposed auto service facility will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. The proposed auto service facility complies with the commercial development standards except for the variance request. (pcc1041-1) FINDINGS FOR API—AL - VARIANCE NO. 95-19: • 1. The granting of a variance to allow a portion of the building to encroach into the 50 feet setback will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The zoning ordinance allows encroachments into the setback when additional landscaping is provided. Approximately 3,000 additional square feet of landscaping will be provided. Surrounding properties have varying setbacks. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is located at an intersection where the setback varies. 3. The granting of a variance to allow encroachment into the front setback is necessary to .preserve the enjoyment of one or more substantial property rights. The encroachment will allow additional landscaping and special paving treatment to enhance the aesthetic quality of the proposed development. 4. The granting of the variance to allow an auto service facility will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The subject property is located at an intersection where the setback varies. The encroachment is only for a portion of the building that does not include landscaping. The structures will be built in compliance with the Uniform Building Code and will not pose an undue health and safety risk to residents in the vicinity. Granting of the variance is consistent with the Land Use Element, of the General Plan which allow a variety of commercial uses . CONDITIONS OF APPROVAL —CONDITIONAL USE PERMIT NO. 95-681 VARLANCE NO. 95-19: 23 .Y 1. The site plan, floor plans, and elevations received and dated August.'% 1995, shall be the conceptually approved layout with the following modifications: a. Relocate the building ten (10) feet to the east. b. Provide additional landscaping between the building and the increased setbacks from Edinger Avenue and Gothard Street. 2. Prior to submittal for building permits, the following shall be completed: a. Depict all utility apparatus, such as but not limited to backflow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. (pcc1041-2) c. Elevations shai. ..eje colors and building materials propuseo d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. The site plan shall include (or reference.page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the following shall be completed: a. The property owner shall dedicate a strip of land 9.00 feet wide along Edinger Avenue and an area at the corner of Edinger Avenue and Gothard Street with 29.00 feet radius. V b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all.proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 233 of the Huntington Beach Zoning and Subdivision Ordinance. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. The landscape planting shall provide for and accommodate the ultimate landscape concept for the Edinger Avenue Corridor. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). d. Hydrology and hydraulic studies shall be submitted for Public Works approval. e. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent property. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. (pec1041-3) f. Fire Departmen, ,orements shall be noted on the buildingons: 1. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. 2. Address numbers shall comply with City Specification 9428. 3. Installation or removal of underground flammable liquid storage tanks shall comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. 4. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough-to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur Fuel (.05%) by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 6. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. d. The reciprocal driveway improvements shall be completed. e. Remove the most westerly driveway on Edinger Avenue and the most southerly driveway on Gothard Street and replace with curb, gutter and sidewalk. f. Remove and replace the most northerly driveway on Gothard Street and the most easterly to comply with Standard Plan No. 211 A& B. g. The existing traffic signal conduit and equipment shall be protected in place. (pcc1041-4) h. Any existing ovo,n,utilities shall be installed undergrounp i. The property owner and/or applicant shall enter into an agreement with the City to install street improvements and traffic signal modifications on Edinger Avenue and Gothard Street by a date certain. Said agreement shall be secured by a bond or deposit equal to 150 percent of the City's estimate (including inflation estimated) of the required improvements. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. All applicable Public Works fees shall be paid. 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. 3. An encroachment permit shall be required for all work within the right-of-way. 4. Parking lot striping shall comply with Chapter 231 of the Huntington Beach Zoning and Subdivision Ordinance and Title 24, California Administrative Code. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6. The development shall comply with the new State Handicapped Regulations. Access for the disabled is required from the public way to the entrance and within the building. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal Holidays. 8. All new utilities shall be installed underground. 9. Conditional Use Permit No. 95-68 and Variance No. 95-19 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum of 30 days prior to the expiration date. 10. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95-68 and Variance No. 95-19 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. I hereby certify that Conditional Use Permit No. 95-68 and Variance No. 95-19 were approved by the Planning Commission of the City of Huntington Beach on October 10, 1995, upon the foregoing findings and conditions. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for in relation to the vicinity in which it is proposed. The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements. (pcc1041-5) It is recommended thaty,,&mediately pursue completion of the Joitions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing of your total application. Sincerely, Howard Zelefsky, Secretary Planning Commission by: cam, colt Hess, AICP Senior Planner (pcc1041-6) ATTACHMENT 3 FINDINGS FOR DENIAL CONDITIONAL USE PERMIT NO. 95-68/ VARIANCE NO. 95-19 FINDINGS FOR DENIAL- CONDITIONAL USE PERMIT 95-68: 1. The establishment, maintenance and operation of the proposed auto service facility will be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed use is incompatible with surrounding restaurant and retail uses; and will not encourage regional commercial activity in the immediate vicinity. 2. The granting of the conditional use permit the proposed auto service facility will adversely affect the draft General Plan which recommends that the site be designated as Regional Commercial. The proposed use is not cited as a typical use on properties designated Regional Commercial. It does not fulfill the future intent to enhance the Edinger Avenue Corridor, Huntington Beach Mall and adjacent properties to create a key focal point of regional commerce and a visual sense of an integrated center. FINDINGS FOR DENIAL- VARIANCE NO. 95-19: 1. The granting of the variance for reduced front setback in conjunction with an auto service facility will be materially detrimental to the public welfare or injurious to property in the same zone classification and is not consistent with the draft General Plan. The subject property is located on a site that is proposed to be redesignated as Regional Commercial which does not encourage auto service type uses. 2. There are no special circumstances applicable to the subject property. The site complies with the minimum site area and frontage requirements of Chapter 211. It is relatively flat and rectangular in shape. Attachment- 10/10/95 (PCSR163-7) ATTACHMENT 4 —F PROJ@C'b' 06y9CIV R IP'd'ION �N��„m� PROPERTY OYNAR: ' Z7 %�`• f �BYAT INWBTRI AL PMR. A CALIFORM1A COORPORATION .•— ' rlLIUBI.AINCICIART OlL CNANOB 87IP8flt8' - . a ^_:� • STATION. 7 SAT DRB FAST OIL CIUIMOA "Musk STATION. WITH 1NDOOA/OUTD IOUTD OOR WAITING AAEA _ SITE OESCA[pTION: !RACK/ 6138, PARCEL / 1 NOOK 51. PAGE 13 PROPBRTY ZONED CO -COMAL COMMECIAL DISTRICT Q LGT B(3E 22.350.00 S.S. . 9 , _ BUILDING FOOTPRINT 2.7S6.50 S.S. NITS COVERAGE 10.7 1 �•i1�'•�• «0 D PARSING REQUIRED:' I& SPACES / /- PROPOSM 10 SPACES ,�� '� �� LANDSCAPE REQUIRED: 83 OF 22.360 S.F.. 1788 S.F. _O M `�co) t� \ / T FRONT REWIRED SETBACKS: PROPOSED: 17 25 STD D•►• oP V PROPOSED 70 R. TO 57 R. yy y, AIDE REQUIRED 10 FT. Y(M. fate"t.4 PROPOSED 30 R. TO 1S FT. \\�\ Q A 1- EIIBTING LANDSCAPE AREA PROPOSED SITE LANDSCAPE AREA ]- EXISTING ]0/T. DRIVEWAY TO BE CLOSED ©1 Q 6- PROPOSED 35 ST. DUN DRIVEWAY r >•� E- VAN ACCESS MANDICAM PARKINO 6- RECYCLE SINS / TRASH ENCLOSURE b� to I 7- LINE OS rVTURS DEDICATION ON EDIMOSM AVE. Ls "011MOD 1 6- PROPOSED RSCIPROGL ARB.WAAq c' 10• KAA S AMA.M.14'XMVZOTA 5pkf1KD COtG. Q _'.� \ lQ\; •,;. 1 �4 Al is I i j north d a saaP' . 1 wrw•w..—hl.. -� SITE PLAN waft P.a ,7 _3rXl_�JT��1 RIOH'T OF WB� .1st, I-1 �J y l•� M..411,q tII.oY tutf to-.IMP l E!\ a J11•j111rA _ .. 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ET 891Id •TS •18 BO08 T a 0■1Id •BET►B BOvBL mizai■OBBO BLiB 1raW G1111I1111■006LIID/■OOONI ILLIA.'NDIZYLB •1w8rw■ BOWOO 110 LBVJ O101L-8AING lve E aalwaoaa ��� - :31KJ17ddv 208IV" :■811110 AMMON V. •on "M OXzaI a 8�Q 9 O — o I I r OIi R►:i➢ka • , 111"It ■P0�:1 I LUBE N I.�1H I` • ^'' .r n •'tea. P ,! A '1 day-'��- -' ��, •r•,������ V4�� ��� `� r"+ �1�+ ATTACHMENT -5 ......... ........... .. .. ......... ......... . .... ....... ......... . ...... .......... ....... fliph. ......... ......... TO: Planning Commission FROM: Howard Zelefsky, Planning Director BY: Susan Pierce, Associate Planner DATE: October 10, 1995 SUBJECT: CONDITIONAL USE PERMIT NO. 95-68NARIANCE NO. 95-19 LOCATION: 7361 Edinger Avenue, northeast comer of Gothard Street and Edinger Avenue STATEMENT OF ISSUE: Conditional Use Permit No. 95-68 and Variance No. 95-19 represent a request to establish an auto service facility with a portion of the building encroaching into the required 50 feet Edinger Avenue setback. Staff recommends that the Planning Commission deny the conditional use permit for the auto service facility and the variance for the setback because: • The proposed use is not a Regional Commercial use pursuant to the draft General Plan. • The proposed use is inappropriate for the proposed site and should be located on a street zoned and general planned General Commercial in the draft General Plan. • There are insufficient findings to make to grant the variance; the building can be designed to comply with the commercial district standards. RECOMMENDATION: Motion to: "Deny Conditional Use Permit No. 95-68 and Variance No. 95-19 with findings." GENERAL INFORMATION: APPLICANT: EZ Lube, c/o Mike Dobson, 2447 Pacific Coast Highway, 9106, Hermosa Beach, CA 90254 PROPERTY OWNER: Freeway Industrial Park, 2032 La Colina Drive, Santa Ana, CA 92705 � >E V►! a D YDD *00 O , "COST s SD.+Olt wAartt T I SLA1St tAISFtT zi 71 g •� 1 Y w a s o �i � GAUfID 3~ 1 /tOtciOwN SITE ♦? f �' ♦\` 4 ';AD.MS I 7 .�1` ♦ I .WDIANAPO%d 111 / /aiL.MA CRE I I i l /l (OOZW.2T CCLLMO I 1`I I MQ1TOOM7tY WARD i I tEvltz I I. \ h/ EDINGER,...__ CUP# 9 5-6 8NA.RIANCE# 9 5- 19 I-By HUNTINGTON BEACH PLANNING DIVISION QUEST: To permit a 3,126 square foot auto service building (drive through lube/oil change) and a. variance to allow a portion of the building to encroach into the 50 foot setback on Edinger Avenue. DATE ACCEPTED: August 30, 1995 SUBJECT PROPERTY AND SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: Subject Property: GENERAL PLAN DESIGNATION: Commercial General ZONE: CG, General Commercial LAND USE: Vacant (previously service station) North of Subject Property: GENERAL PLAN DESIGNATION: Commercial General ZONE: CG, General Commercial LAND USE: Commercial (Levitz) East of Subject Property: GENERAL PLAN DESIGNATION: Commercial General ZONE: CG, General Commercial LAND USE: Railroad Right-of-Way South of Subject Property: GENERAL PLAN DESIGNATION: Commercial General ZONE: CG, General Commercial LAND USE: Commercial West of Subject Property: GENERAL PLAN DESIGNATION: Commercial General ZONE: CG, General Commercial LAND USE: Commercial Staff Repore- 10/10/95 2 (PCSR163) PROJECT PROPOSAL: Conditional Use Permit No. 95-68 represents a request to permit an auto service facility pursuant to Section 211.04 (Vehicle Sales and Services, Vehicle Equipment Repair) of the Zoning and Subdivision Ordinance. The 3,126 square feet auto service building includes three service bays equipped to service two vehicles each. Cashier and waiting areas and restrooms are located on the first floor. A small office and employee break room are located on the second floor. The lube area is located in the basement. Two outdoor patios are proposed near the corner of the site. The building design is Mediterranean with stucco walls and tile roof and includes a wall sign on the upper level on two sides. No ground sign is proposed. Reciprocal access will be provided to the adjacent property along the east property line. Required parking for 16 vehicles is proposed on the site. The applicant also proposes to close two driveways and to relocate and widen a driveway on each street. Nine (9) feet of dedication along Edinger Avenue is required for future widening. There are two (2) site plans presented for the project. The first plan depicts the proposed project prior to the proposed Edinger Avenue street improvements. The second plan reflects site conditions after street widening improvements are completed. Both site plans depict additional landscaping at the corner and along Gothard Street where a minimum 18 feet landscaped setback is provided and a stamped terra-cotta concrete drive area adjacent to the service bay exits and the Edinger Avenue driveway. Variance No. 95-19 is a request to allow a building setback of 21 feet to 44 feet (with a 10 feet wide landscaped area) in lieu of a minimum 50 feet along the Edinger Avenue frontage pursuant to Section 211.06E of the Huntington Beach Zoning and Subdivision Ordinance. (All setbacks are measured from the ultimate right-of-way.) The building is situated on an angle to allow exiting of serviced vehicles-onto Edinger. Section 211.06E requires a minimum 50 feet setback from the ultimate right-of-way; a minimum 25 feet setback is allowed provided the entire setback area is landscaped. Until the widening of Edinger Avenue is completed, nine (9) additional feet across the Edinger Avenue frontage will be landscaped except at the driveway opening. The applicant has indicated that the variance is necessary to provide on-site circulation and ample space for vehicles exiting the service area. He also believes that the setback provision was designed for retail buildings that have store front glass and parking in the rear. (Attachment No. 4) In addition, the applicant has indicated that demographic and statistical studies prepared for EZ-Lube show that the business draws customers from a 10 mile radius. When the business is located close to a freeway, the customer base is from a larger radius. In his letters to staff(Attachment No.5), the applicant identifies several locations in other cities that have approved the use and the resulting development. A letter from the property owner discusses the lengthy search for a tenant on this site. The property owner indicates that other users needed larger buildings, preferred to lease space in existing buildings, or were represented in the vicinity. The letter closes by saying that the proposed use was selected because the property owner believed that the applicant would construct an attractive building which would enhance the corner and attract new development. Staff Report- 10/10/95 3 (PCSR163) Zoning Compliance This project is located in the CG, General Commercial zoning district and complies with the requirements of that zone except as noted in the matrix. The following is a zoning conformance matrix which compares the proposed project, prior to and after the Edinger Avenue dedication, with the development standards of Chapter 211, Commercial Districts, of the Zoning and Subdivision Ordinance: Section Issue Required Proposed (pre Proposed after dedwafon Street Dedicaon 211.06 Min. Lot Area 10,000 s .ft. 22,350 s .ft. 20,956 s .ft. 211.06 Min. Lot Width 100 ft. 150 ft. 141 ft. 211.06E Min. Front Setback 50 ft.; or 25 ft. if 30 ft. min.* 21 ft. min.* fully landscaped 'w/ 10 ft. of w/10 ft. of landscaping landscaping 211.06 Min. Side Setback 0 70 ft. 70 ft. 211.06 Min. Street Side 10 ft. 18 ft. 18 ft. Setback 211.06 Max. Building Height 50 ft. 32 ft 32 ft. 211.06N Max. Wall 100 ft. 64.5 ft. 64.5-ft. Dimensions 211.06 Floor Area Ratio Max. 1.5 0.14 0.15 211.06 & 211.06H Min. Landscaping, 8% = 1,788 s .ft. 17% = 3,800 s .ft. 14% = 3,000+ s .ft. 211.06 Min. Parkin 1/200 s .ft. = 16 16 16 *Variance Request ISSUES: General Plan Conformance: The proposed project is consistent with the goals and objectives of the City's General Plan Land Use Map designation of Commercial General of the current Land Use Element. The General Plan Advisory Committee recommends a change in the land use designation for this site to Commercial Regional. Uses identified in the draft General Plan (page II-28) that are appropriate for Commercial Regional include department stores, outlet stores, "big-box" retail, retail commercial, restaurants, entertainment, banks, and automobile sales. The intent of the Commercial Regional designation is to enhance the Huntington Beach Mall, the Edinger Corridor, and adjacent properties as a key focal point of regional commerce. The developments should also be designed to convey a visual sense of an integrated center. The proposed vehicle service use, drive-through lube/oil change, is not included in this classification. Staff Report- 10/10/95 4 (PCSR163) Environmental Status: The proposed project is categorically exempt pursuant to Class 3, Section 15303 of the California Environmental Quality Act. Coastal Status: Not applicable. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns: The Departments of Public Works and Fire and Building Division have recommended conditions which will be incorporated into the conditions of approval, if approved.. The Police Department has no concerns. Economic Development Department recommends that the site be developed with a use different from the proposed automobile service use and that will compliment the adjacent major furniture store and commercial activity in the area. The site is situated along the Edinger Avenue commercial corridor and adjacent to the Huntington Center Redevelopment Area. ANALYSIS: There are two major issues with the proposed use: land use/general plan compatibility and variance to the setback requirement. Land Use/General Plan Compatibility: The subject.property is at an intersection of two major arterials. The property located at the southwest corner is currently zoned and general planned industrial, however, the°General Plan Advisory Committee is recommending that the site also be redesignated to Regional Commercial. This will further implement the goal of maintaining Edinger Avenue as a commercial corridor. Other corner properties at the intersection include a furniture store that had a exterior remodel a few years ago and a restaurant. In the immediate vicinity of Gothard and Edinger, except for the industrial site, a variety of retail commercial uses exist. These uses are compatible with the GPAC recommendation of Regional Commercial as the general plan designation. The proposed use is not compatible with the draft General Plan, and does not generate commercial activity of the nature that will encourage patronage to adjacent sites. An auto service type use is more appropriate for sites that are zoned and general planned in the draft General Plan as General Commercial. Staff Report- 10/10/95 5 (PCSR163) Variance: A reduced setback on Edinger Avenue would be inconsistent with other developments in the area. On the northwest corner of Edinger and Gothard is a restaurant with 25 feet of landscaping adjacent to public streets, the southwest corner is developed with an industrial building at a 10 feet landscaped setback, and the southeast corner has a furniture store with parking and landscaping adjacent to Edinger Avenue. The proposed site plans depict landscaped areas adjacent to the arterials which exceed the size provided on two of the three other corners. Exceptional circumstances are not applicable to this site. It complies with the minimum 10,000 square feet minimum site area, has over 100 feet of street frontage, is relatively flat, and is rectangular in shape. As indicated in the zoning conformance matrix, the site meets or exceeds the minimum development standards applicable to property zoned Commercial General. Granting of a variance to the development standards would be, therefore, a grant of special privilege If the building were reorientated to provide a 50 feet setback from the ultimate right-of-way, it would result in service bays facing directly onto Edinger Avenue and reducing the stacking area for vehicles waiting to enter into the service bays. In other words, circulation on the site would be inadequate. Another solution would be to reduce the size of the service bays. SUMMARY: Staff recommends that the Planning Commission deny the conditional use permit and variance for the auto service facility because: • The proposed use is not a Regional Commercial use pursuant to the draft General Plan. • The.proposed use is inappropriate-for the_proposed site and should be located on a street zoned and gneral planned General Commercial in the draft General Plan. • There are insufficient findings to make to grant the variance; the building can be designed to comply with the commercial district standards. ALTERNATIVE ACTION: The Planning Commission may approve Conditional Use Permit No. 95-68 and Variance No. 95-19 with findings and conditions of approval. ATTACHMENTS: 1. Findings for Denial 2. Site Plan, Floor Plans and Elevations dated August23, 1995 3. Narrative 4. Letter from applicant dated August 22, 1995 (variance justification) 5. Letters from applicant dated September 4, and September 14, 1995 6. Letter from the property owner dated September 19, 1995 SH:SP:kjl Staff Report- 10/10/95 6 (PCSR163) V FAST 0 1 L CHANGE EXPERTS July 27, 1995 E) I City of Huntington Beach CUL,� Department of Community Development 2000 Main Street Huntington Beach, CA 92649 Re:Northeast corner of Gothard & Edinger Dear County Officials and General Public, The following detailed information is intended to brief the reader on our proposed use for the above referenced vacant site located (old Unocal station) at the Levitz comer of Gothard and Edinger Boulevard. Our intent for this parcel of land is to construct and operate an automotive quick lube facility. Our facilities sole use will be that of performing convenient oil maintenance services. EZ Lube does not consider itself in the automotive business, but rather the-customer service business. EZ Lube is more of a retail business than an automotive business. See attached elevations for an illustration of-how our building appears more retail than automotive. Many people have a pre-conceived notion of automotive. EZ Lube's convenient oil change services do not truly belong in this perception, but rather a ,perception that conveys a more professional atmosphere, clean, sharp building and employees, and an image that is good for the City as.well as the business. This type of use, although it is exclusively automotive in nature, has been able to exist and flourish in areas where other automotive service facilities have been prohibited from operating. Currently, our company operates sites in Laguna Niguel, Manhattan Beach, Torrance, Redondo Beach, Hermosa Beach, Canyon Country, Toluca Lake, Upland and many other cities. In addition, this building we are proposing for this site will by far be our most attractive store with an Italian Mediterannean Architecture. We feel our building and concept is even further ahead than our competitors. We want our buildings to be attractive and conservative as a bank and as clean as the kitchen in your home. We empathize with the public concerns regarding abandoned gas stations. They can be an eye sore and they can give automotive business in general a bad image. Our concept is a solution to cleaning up some of these old eye sore comers by putting in a needed service that enhances the image of the City! Some facts about our business are as follows: 2447 Pacific Coast Highway Suite 106 Hermosa Beach, Califomia 90254 AT T (310) 798-3275 Ext.1 4 - (310) 798-3278 FAX CP;`v-,EN_r1 NO. 3. • The only service we will offer is fast oil changes on passenger vehicles. • No vehicles will be serviced outside of the building's interior service bays. It is physically impossible to service vehicles outside the building. • Our average service time is approximately 10 minutes. Because of our fast drive-thru service we do not have the problem of parking customer vehicles. But as you can see, we still meet the minimum required parking as per code. Additional areas that may be of some concern to the County or residents in the area are addressed below. 1. Aesthetic Concerns (Image): Please see attached elevations. Our concept is a retail concept. Our buildings are very professional and do not look like the image of automotive businesses. Our company does not want to look automotive. This building will have ceramic tile floors in the shop area with an extremely attractive waiting room and patio area. In addition, we will be planting -extensive landscaping around the corner. The project proposes an attractive sign with year round flowers and landscaping around the site. The sign that is proposed is conservative, attractive and has a clean appearance. The elevations of the building have been carefully and very professionally designed. The goal is to make the building look more like a bank or retail structure than an automotive building. EZ Lube feels the building is attractive and will enhance the entire corner surrounding the site. It is our hope that the fellow businesses surrounding the site will approve of the building when they see something new and refreshing going in on this comer. The driveway around the building will have stamped concrete in a clay color surrounding the building. This adds an architectural element that is very attractive. All bay doors are attractive glass and panel used typically on custom homes and retail shop windows. This building will cost approximately $450,000 to build and will be fully equipped with the latest in design, furniture, fixtures and computers. The store will be fully equipped with state of the art equipment designed exclusively for this business. 2. Traffic Concerns: Our average daily customer count per day will be approximately 50 vehicles once the business is mature. The national average for car count at a quicklube business is 42 per day. It will take almost two years for us to reach 50 cars per day. This is well below the traffic generated by the previous tenant (Unocal) approximately 800 to 1000 trips per day. Our normal hours of operation are as follows: Monday through Saturday: 7:30am to 8pm Sunday: 8am to 6pm Our experience operating this type of business shows that peak operating period is usually between loam and 4pm. Our peak operating hours are not during rush hour in the morning or evening. Also, the facilities only require 4 to 5 employees during normal working days. These facts show that the project will not even affect the traffic on the bordering streets, compared to atypical fast food restaurant which.generates 100 to 200 vehicle trips per hour. During our peaks we will average approximately 6 trips per hour. We have attached a copy of the National survey showing the average car count per day in the United States is 42. We conclude the impact on traffic will be negligible. 3. Noise: Because our operation is devoted to exclusively performing oil changes and oil filter replacement, we do not employ the use of any power equipment like automotive repair garages require. All of the tools we use are hand tools which require no power and produce no noise. Because of our unique underground basement design, minimal noise carries outside the basement in the shop area. ' Once again, because of the traffic noise at this location the noise our.business will produce is negligible. 4. Environmental Concerns: EZ Lube recycles 98% of all the products we use. Our business is the solution to environmental concerns. The Exxon Valdez spilled 15,000,000 gallons of oil, but over 650,000,000 gallons of oil are poured down sewers by do-it-yourself oil changers. The following are some environmental facts concerning EZ Lube. • Our used oil is picked up by a Federally approved used oil hauler and the used oil is recycled into fuels. The same hauler picks up our used oil filters and deposits them at Tamco, Inc. where they are melted down into rebar used in concrete construction. • We accept used motor oil from residents of the County and would be extremely willing to work with the County to become official recycling centers for used oil from do-it-yourself oil changers. P ces^P,IT • None of the fluids we use are considered to be hazardous materials by the State of California Environmental Protection Agency. • All used and new oil is stored in OSHA approved UL rated tanks specifically constructed for this use. Our underground basement is legally considered secondary containment for storage of these tanks. Therefore, it is not feasible for any new or used oil to come into contact with soil of any kind. • We recycle all cardboard that our filters are shipped in. This is collected weekly. It is our company's sincere opinion that our business on this comer would enhance the appearance of this location and the City in general. -Best Regards, Michael J. Dobson President cc Alegre & Associates, Architecture FAST OIL CHANGE EXPERTS August 22, 1995 City of Huntington Beach ; Department of Community Development 2000 Main Street Huntington Beach, CA 92648 Re:Northeast comer of Gothard & Edinger Dear Planning Department, EZ Lube is requesting a variance for the above referenced project. Code requires a 25 foot set back all the way to the building bay doors. Our building is a drive thru building, and most likely this code was designed for retail buildings that have store front glass and their parking in the back. Analyzing the circulation of this use and the fact it is a drive thru use we need ample space to exit from the building. We have provided ample landscaping on site including a minimum of 19 feet in front of the bay doors. Also, we are providing a thirty foot set back for the building and closing the two driveways closest to the intersection of Gothard and Edinger. This has been done not only for safety reasons, but also to provide a large landscape area in front of the building. This lush landscaping is wrapped around the entire building to enhance the aesthetics of the project. We have also provided additional landscaping in front of the building in the event Edinger is widened some time in the future. We are also providing a hardscape area in front of the bay exit doors to add to the aesthetics of the project. If you have any questions, please call me at (310) 798-3275 ext. 16. Thank you for your time. Best Regards, 1 Michael J. Do President cc Alegre & Associates, Architecture 2447 Pacific Coast Highway - Suite 106 Hermosa Beach, Califomia 90254 (310 (310) 798-3278 FAX 798-3275 Ext.14 - ([ !-`-(-- FAST OIL CHANGE EXPERTS September 4, 1995 Ms. Susan Pierce Project Planner City of Huntington Beach Department of Community Development 2000 Main Street Huntington Beach, CA 92648 Re: Northeast comer of Gothard& Edinger Dear Ms. Susan Pierce, EZ Lube businesses draw from a Regional audience. Our company demographic studies and statistical analysis show that we can draw from a ten(10) mile radius for our business use. When close to a freeway, such as this project, our business becomes even more regional than local. When our business draws from the community, many customers will frequent the other businesses in the area during their visit to our business. This is one reason we locate in areas with numerous retail draws. In addition, installation of our use in certain markets has also stimulated growth of other new development such as our project in Torrance at the comer of PCH and Hawthorne Blvd. Numerous upscale cities have put their stamp of approval on our concept building (see our letter written to the planning commission). Most of these locations are on very prominent comers that are considered gateways to the communities. The following are projects that have been approved for development over the next six months: • corner of PCH and Hawthorne Blvd., Torrance- already opened. • comer of Harbor Blvd. and MacArthur Blvd., Costa Mesa a comer of Moulton Parkway and El Toro Road, Laguna Hills (County of Orange) Please call me at(310) 798-3275 ext. 16. Thank you for your time. Best Regards, Michael J. obs n President 2447 Pacific Coast Highway Suite 106 Hermosa Beach, Califomia 90254 (310) 798-3275 Ext.14 • (31.0) 798-3278 FAX ATTAC H 1,A LE j` i NO FAST OIL r CHANGE EXPERTS 1� September 14, 1995 SE"-: ' l 4 1995 Mr. Jim Lamb City of Huntington Beach r��, Economic Development Department 2000 Main Street Huntington Beach, CA 92648 Re: Northeast comer of Gothard & Edinger Dear Mr. Lamb, Thank you and your staff for meeting with us last week. This letter is in follow-up to that meeting. I've attached a letter from Janette Trotter Ditkowsky explaining Freeway Industry's process in choosing EZ Lube as a Tenant. Also, attached for your information are letters written to the City of Huntington Beach from EZ Lube concerning this project. They discuss resional concerns as well as typical issues the City of Huntington Beach may be concerned about. One of the concerns addressed was whether our project would spur additional development in the area surrounding, us. We feel from-experience that our attractive Italian Mediterranean architecture and extensively landscaped project would show other major tenants that there is new development going on in this area. This would most certainly shed a favorable light on future tenants considering developing in the area. The following are two examples of projects we built and then soon after additional projects were developed. • We developed the corner of PCH and Hawthorne (the Gateway corner to Torrance) which is one of the busiest corners in the country. Three of the four corners were vacant when we developed in November 1994. Since then Best Buys has leased and redeveloped the 80,000 square foot 15 year abandoned Gemco site across the street from us. In addition, Lomans has just signed a lease for the remaining portion of unleased space across from our project. On the abandoned Exxon gas station site across from our project, Yoshinoya a fast food restaurant has begun development. • In Manhattan Beach we developed an abandoned Texaco station. Soon following our new development many unleased retail centers put in new tenants. The vacant site across the street is now under development for a Panda Express and new retail center. 2447 Pacific Coast Highway . Suite 106 Hermosa Beach, California 90254 (310) 798-3275 Ext.14 • (310) 798-3278 FAX p��,�,� NT N0..J. Z Nothing is worse for future development than a vacant old gas station site that sits vacant for an extended period. Also, this site is much too small for most of the major retail and restaurant tenants. We work jointly (share larger parcels) with many major tenants such as Taco Bell, KFC, Blockbuster, In `n' Out Burger, McDonalds etc. These Tenants find us a very compatible use with their retail and restaurant uses. Please remember we consider ourselves a service business and-not an automotive business and so does our co-tenants. The following are examples of other prominent comers in which we are currently under development. . • comer of PCH and Hawthorne Blvd., Torrance - already opened. • corner of Harbor_Blvd. and MacArthur Blvd., Costa Mesa • corner of Moulton Parkway and El Toro Road, Laguna Hills (County of Orange) • comer of Imperial Hwy. and Harbor Blvd., Fullerton/Brea border. All of-these locations have been approved by the City Planning Commissions. All of these cities regard these corners as gateway type of corners and they are very critical of the developments that go on these comers. We look forward to working with.you and your staff in.the future. Please call me at(310) 798-3275 ext. 16 if you have any questions or would like to discuss-in-further detail. Thank you for your time. Best Regards, r Michael J. b " n President cc Eli Naffah-Economic Development Tom Andrusky-Economic Development IT-, Freeway Industrial Park vEP Z 1995 2032 La Colina Drive Santa Ana, California 92705 September 19, 1995 Mr. Jim Lamb City of Huntington Beach Economic Development Department R.O. Box 190 Huntington Beach, California 92648 Dear Mr. Lamb, The purpose of this letter is to discuss the project for the northeast corner of Edinger and Gothard.- Freeway Industrial Park_ ("FIP) , as owner of the parcel, has been working for the last three years to identify a new tenant for the former Unocal site. PIP investigated the possibility of both fast-food and general retail tenants, and reached the conclusion that this -project with EZ Lube represented the highest and best use for the parcel, and the best use 'for the -city. As you know, any development on the site is constrained by the size of the parcel and the need to be self-contained. In evaluating potential fast-food tenants and other tenants, PIP determined that either the tenant's outlet was already represented in the area or that the outlet needed a site bigger than the approximately one-half acre. parcel available here. Retail. tenants for the size building that would fit on this site (maximum 5,200 square feet) tend not to sign leases until the building is available. The cost of construction and the _risk of a "spec" retail building was not an attractive option for Freeway Industrial Park's Board of Directors. In evaluating the EZ Lube _proposal, FIP visited several of their locations and reviewed their architectural plans. Because FIP is convinced that EZ Lube will construct an attractive building that will enhance this corner and attract future development, FIP is providing partial funding for this as a build-to-suit project. It is important to Freeway Industrial Park, as the owner of other property in the area, to develop this corner in an attractive and viable manner. We urge your support for this project. If you have any questions, please contact me at (714) 744-4526. Yours truly, S C:�Janette Trotter Ditkowsky Chief Operating Officer -0�cc: City of Huntington Beach Planning Department City of Huntington Beach Planning Commission ATTACHMENT N0. ATTACHMENT 6 'wexnritixtf..`.3 :nc l Mg Li �� • 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Community Development SUBJECT: Appeal - Conditional Use Permit No. 95-68Nariance No. 95-19 COUNCIL MEETING DATE: November 20, 1995 :STATUS S Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Not Applicable Findings/Condit........ions for Approval and/or Denial Attached ... .. .. ...... .. .......... .... EX P;LANATIO>N FOR MLSSING ATTACHMENTS........ .......... . ................ .............. ..... REVIEWED RETURNED FOR DED Administrative Staff Assistant City Administrator Initial o»� City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM SpaceOnly) . .;.« ,:�}: ::.:.:.;.;:...,:::;..;: :::.:...:.:.:.r..:.:......:.:.::..::.......::. Y! }rq�J�i�S--� - �TX.=: REQUEST.FOR LATE SUBMITTAL OF RCA P:J'i::G'r i•}::}::�:ii::iii}i is ....... :isi::i::::.ii?:i:}:.....sis�i:Jiiii:Ji}:::i ii$isi::ii:%%:_ :.......... ;i?Lii:% �i�i::is i::::: :;:j:: ;i:;i:;Y.:i isy is}::::::i : : :i": :::?:iiT?i:%i:i is^ii'%:::ii:::::i:::" -i: .:<''Y." .L.r.......... ................. :. Y22 n . RCA Department: Title r-p..: ::;: Council Meetin Date: - w - SS >< Date of This Request: //— 9 - 9 3 <r ::.:, > ; aREASON (Why is this RCA being submitted late?): jV 00-1 y{ EXPLANATION (Wby is this RCA necessary to this agenda?): 61 <<>:CONSEQUENCES How shall delay of this RCA adversely impact the City?):? : 114 API-2 t n—iq� Signature: 0 Approved O Denied roved O Denied Require Initials :>. d _ art ent Head Ra Silver Michael Uberua a NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH 96- NOTICE IS HEREBY GIVEN that on Monday,November 20, 1995,at 6:30 PM in the City Council Chambers, 2000 Main Street,Huntington Beach,the City Council will hold a public hearing on the following planning and zoning item: ❑ 1. CONDITIONAL USE PERMIT NO. 95-68/VARIANCE NO. 95-19 -APPEAL. Applicant: EZ Lube c/o Mike Dobson. Appellant: Councilmember Bauer. -Request: Appeal to the Planning Commission's conditional approval to permit a 3,126 square feet auto service building(drive- through lube/oil change)and a variance to allow a portion of the building to encroach into the 50 feet setback on Edinger Avenue. Location: 7361 Edinger Avenue, northeast corner of Gothard Street and Edinger Avenue. Project Planner: Susan Pierce NOTICE IS HEREBY GIVEN that the above item is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office,2000 Main Street, Huntington Beach, California 92648,for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after November 17, 1995. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at,or prior to,the public hearing. If there are any further questions please call the Planning Division at 536-5271 and refer to the above item. Direct your written communications to the City Clerk Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street,2nd Floor Huntington Beach, California 92648 (714)536-5227 i1yV1 (cdg11120) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday,November 20, 1995,at 6:30 PM in the City Council Chambers,2000 Main Street,Huntington Beach,the City Council will hold a public hearing on the following planning and zoning item: ❑ 1. CONDITIONAL USE PERMIT NO. 95-68NARIANCE NO. 95-19-APPEAL. Applicant: EZ Lube c/o Mike Dobson. Appellant: Councilmember Bauer. -Request: Appeal to the Planning Commission's conditional approval to permit a 3,126 square feet auto service building(drive- through lube/oil change)and a variance to allow a portion of the building to encroach into the 50 feet setback on Edinger Avenue. Location: 7361 Edinger Avenue, northeast corner of Gothard Street and Edinger Avenue. Project Planner: Susan Pierce NOTICE IS HEREBY GIVEN that the above item is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648,for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after November 17, 1995. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City at,or prior to,the public hearing. If there are any further questions please call the Planning Division at 536-5271 and refer to the above item. Direct your written communications to the City Clerk Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street,2nd Floor Huntington Beach, California 92648 (714) 536-5227 (ccIg11120) 0 ............... ..... ......... MEETING DATE: November 20, 1995 DEPARTMENT SUBJECT: REQUESTING: Community Development CUP 95-68 EZ LUBE Community Development Uniform Electrical Code & National Building Code •.� :z rn rLn r- 4� TODAY'S DATE 0:00 AM VERIFIED BY ADMININSTRATION: APPROVED BY: Ray Silver Assistant City Administrator CITY COUNCIL AND/OR REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: Geri 2'i�i'o�-,a./ LLSP ��, .,-,:�`Alo a DEPARTMENT: C'�-ry�rr ��✓ MEETING DATE: CONTACT: PHONE: N/A YES NO Is the notice attached? ( ) (✓� ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) (✓j ( ) Are the date, day and time of the public hearing correct? If an appeal,is the appellant's name included in the notice? (✓� ( ) ( ) If Coastal Development Permit, does the notice include appeal language? Is there an Environmental Status to be approved by Council? ( ) ( ) (►� Is a-map attached for publication? Is a larger ad required? Size ( ) (vf ( ) Is the verification statement attached indicating the source and accuracy of the mailing list? Are the applicant's name and address part of the mailing labels? ( ) ( ) (✓� Are the appellant's name and address part of the mailing labels? ( ►'j ( ) ( If Coastal Development Permit, is the Coastal Commission part of the mailing labels? If Coastal Development Permit, are the Resident labels attached? Is the3B343 report attached? (Economic Development Dept. items only) Please complete the following: 1. Minimum days from publication to hearing date �U 2. Number of times to be published 3. Number of days between publications �� SUSAN W. CASE OWNERSHIP LISTING SERVICE 917 Glenneyre Street, Suite 7 Laguna Beach, California 92651 714/494-6105 FAX: 714/494-7418 Certification of Property Ownership List THE ATTACHED LIST REPRESENTS THE NAMES AND ADDRESSES OF ALL PROPERTY OWNERS LOCATED WITHIN 300FEET OF THE EXTERIOR BOUNDARIES OF THE PROPERTY LOCATED AT 7361 Edinger Huntington Beach CA 92647 THIS INFORMATION WAS OBTAINED FROM THE LATEST Orange County Assessment Rolls, February 14 1995 SUSAN W. CASE • 142 071 65 1 142 071 66 2 142 072 06 3 FREEWAY INDUSTRIAL PARK FREEWAY INDUSTRIAL PARK FREEWAY INDUSTRIAL PARK 2032 La Colina Dr 212 High St 2032 La Colina Dr Santa Ana CA 92705 Pottstown PA 19464 Santa Ana CA 92705 142 072 08 4 142 072 09 5 142 321 01 6 FREEWAY INDUSTRIAL PARK FREEWAY INDUSTRIAL PARK PEDIGO PRODUCTS INC PO Box 1472 2701 Alton Pky 4000 SE Columbia Way Newport Beach CA 92659 Irvine CA 92714 Vancouver WA 98661 142 511 01 7 142 511 02 8 142 511 03 9 EDINGER ASSOCIATES%TAC EDINGER ASSOCIATES FREEWAY INDUSTRIAL PARK 3682 La Colmena Way PO Box 10187 2032 La Colina Dr Los Alamitos CA 90720 Newport Beach CA 92658 Santa Ana CA 92705 142 511 04 10 EZ LuZe Inc 14le9� FREEWAY INDUSTRIAL PARK 2-VV7 �uu G 49051 ivy /0v t � OC eat 1 ✓��''ue 2032 La Colina Dr rmasq �3Pa90ZS'S/ Ile� ,0, j*oirClf G�4 90 y Santa Ana CA 92705 LEVITZ FURNITURRORPORATION f !!MC¢1910 CORPORATE OFFICES 6111 Broken Sound Parkway,N.W.,Boca Raton,FL 33487.2799(407)994-6006 cow T000"T Direct:(407)994-5150 • Fax:(407)098-5615 EDWARD P.ZIMMER Vice President and General Counsel November 14 , 1995 City of Huntington Beach City Council 2000 Main Street Huntington Beach, CA 92-648 Dear City Council and Residents of Huntington Beach: Levitz has reviewed- the EZ Lube project, located at the northeast corner of Gothard and Edinger Blvd. , in its entirety. Levitz is in support of the project. We feel the project will enhance the area asthetically and draw more consumers to the area. Thank you for your time. Best regards. Sincerely, ` -- EPZ :ca EDWARD ZIMMER m �7 - GL cn J 1_» C n t--x z o x ,l TOTAL P.002 r �' FAST OIL CHANGE EXPERTS 1 �.' 1995 October 26, 1995 CITY OF H(wf;"j iN'LJ- Er-ACk CITY COI_=PJI OFFICE City of Huntington Beach City Clerk 2000 Main Street Huntington Beach, CA 92648 RE: EZ Lube Project at old Unocal site, Edinger and Gothard Blvd. Dear City Council, After meeting with Ray Silver, Assistant City Manager, it is clear that the Economic Development Department is driving the appeal of our project. Mr. Silver stated during our discussion that the reason his department has appealed the planning commission's unanimous approval is because they want to insure consistency with the proposed general plan amendment. The Economic Development Department's goal to insure consistency is admirable. However, the following points are important to note: • The new general plan amendment is recommending Commercial Regional zoning. Commercial Regional zoning calls for big box, restaurants, banks, entertainment, auto sales and retail commercial. EZ Lube is a retail commercial business with a regional draw. EZ Lube draws from a five to ten mile radius depending on how close it is located to a freeway. This site is near a freeway and we expect to draw from a larger radius. Please see attached map outlining the primary draw area. The following cities are within the radius; Huntington Beach, Westminster, Garden Grove, Fountain Valley, Santa Ana and Stanton. • As mentioned above, EZ Lube is a commercial regional business. We generate the same proportionate sales as fast food. By approving this project the city would receive sales tax for thirty years. • This site is too small for fast food and the rest of the commercial regional uses listed above. The site is only 20,000 square feet and incorporating the Edinger corridor landscape set backs, 'the property dedication for widening Edinger and the cross access driveway, there is only 13,000 usable square feet. This projects includes 27% landscaping and only 11% building coverage. Please note the rendering showing the lush landscaping, patio and the attractive building. One of Economic Development Department's ideas was to convert the corner to a parking lot. Please refer to the letter from Jim Auther of Grubb & Ellis showing 2447 Pacific Coast Highway Suite 106 Hermosa Beach, California 90254 (310) 798-3275 Ext.14 • (310) 798-3278 FAX that parking has not been an issue in leasing the Sportmart space. Furthermore, EZ Lube has agreed to allow Levitz to use 12 of its 17 parking spaces. Because EZ Lube is a drive-thru, minimal parking is required. The $500,000.00 investment by Freeway Industrial Park and EZ Lube will increase property taxes more than a parking lot. • Levitz is in favor of the EZ Lube project because it does not block the visibility of the Levitz store or impact their parking. We truly believe that the City of Huntington Beach is one of the premier cities in Orange County. We would like to locate in the city of Huntington Beach and we believe we are consistent with the cities goals. We encourage your support of this project at Monday night's City Council meeting. Thank you for your time and consideration. Best Regards, Michael J. Do on President M, 4, y w * J �► iliii� �I�l� � l- �t C_ A �. _ _�,,—t-- :ilk !� ,s '" •'�►,Ij�� �E '!■ .�1 � ��"� •ry r.ra.•�Y 4 ��''l` • -.'r•ti.� —t" r4y1' r iy a ;yd+rid M>wak8q� �'Wu4rr►� — EZ LUBE BEACH Rip i§ sa der 3 VIP iz efu�y),jg j �t�iCr,)J' `-h, ^� f'yt 4 SS d1ICC 1�rv�tv�yNy m f > es' �;, � w�ri.+Vle rfyln7uM 1 rk i LU te Uzi • Z3ae ig 3g h H S8 ers g�� z 9 11 E 4 fig} =6 IL Si St^ at coo � � y eSl ~sm st e 3 �s55 3 ' _ JO W -9 Eijicz U tea — I S AS Freeway Industrial Park 2032 La .Colina Drive Santa' Ana, California 92705 - November 3 , "1995 : City of Huntington Beach City Council Members _ 2000 Main Street Huntington Beach,- California . 92648 -Dear City Council Members, _ - -As a result of applying for. the.. approval of .-EZ Lube's- conditional use permit .for the northeast corner of. Gothard. and . . . . Edinger, it is evident that Freeway Industrial Park needs to introduce itself and let you know what Freeway Industrial Parks interest is in this part of. Huntington Beach. -.The founders of Freeway Industrial: Park, John A. and .Norma Lorbeer Murdy, were both alumni- of Huntington Beach High 'School. They. began farming in .Huntington Beach :.in 1922 . 'John Murdy.. was active in .professional .groups..and was the. .president- of :the -Smeltzer Lima- :Bean Growers Association, whose-. bean- warehouse-.,was:.- located at Edinger and .the train tracks, and .the California Lima Bean Growers Association. He -served as the first president- of Hoag Memorial Hospital Presbyterian for seventeen. years. In . 1952, he was elected to the : California State Senate- by winning. - both the Republican and the Democratic-. nominations ..-in the primary. He represented Orange- County in the Senate until 1964 .-* The site of the family homestead -on Heil Avenue was donated- to the Wintersburg Community Methodist Church The Murdy family also donated to the City of Huntington- Beach the land at Goldenwest between Heil and Warner for. Murdy. Community Park. Freeway Industrial Park ("Freeway") : was incorporated in 1960 with the purpose of developing some -of the .land which .John-Murdy. farmed. The twelve properties that Freeway. now ,owns -in Huntington Beach are shown- on the attached map -and complete . listing of the properties. After John A. Murdy, Jr. ' s retirement, the company was run by his son, Jack Murdy, until his death in 1991. _ Maxine Murdy Trotter, daughter of-the company' s founders, is currently president. I• serve as Chief- operating Officer and am the third .generation. of the family -to run the corporation. Maxine Trotter- has many years of involvement with the Corporation, and became President in January 1991. I have an MBA in- finance from Northwestern University's Kellogg Graduate School of Management, and joined the company in September 1991. City Council Members - November 311995. -Page 2. of .3 _ Freeway Industrial Park is committed to Huntington Beach -and has demonstrated this commitment for over thir-ty-five years by investing in the redevelopment- and upgrade of the properties it owns.. For example, during the. past. .four. years, Freeway_ . Industrial Park has: : - purchased the leasehold Interest in Huntington Furnishings Mart at 7225-7.227 Edinger Avenue from the RTC and undertook a_:major remodel after signing the lease with the : . -- anchor ,tenant.. This shopping center was at less than 3`0% occupancy. when FIP acquired it and is now at almost 100% .occupancy; - completely overhauled two industrial: properties on Murdy Circle, re-leasing =them to six industrial tenants; - participated financially in' the remodeling of two restaurants: : . . .Coco's, on the: northwest corner of- Edinger and Gothard Rosalynn's Restaurant at 7402 Edinger Avenue) The investment in the above -activities, along with the routine repairs and maintenance, has totaled $3 . 3 million over the last. four years. Now Freeway Industrial Park is attempting to redevelop a former gas station parcel at the northeast corner of Edinger and Gothard, with EZ Lube as the. new tenant. Freeway is committed- to - spend $300, 000 on EZ Lube's building, with EZ Lube investing . another $200, 000 of its money. In. agreeing .to this lease with EZ Lube, Freeway looked at the long-term potential for this corner and for the Levitz property- behind it. Levitz holds a ground lease which has twenty-six years remaining. Only when that lease expires will Freeway have the opportunity to redevelop that parcel. In the meantime, = EZ Lube is an attractive use which will enhance the aesthetics of the corner, will generate sales and property tax revenues for the city and rental income -for - Freeway, and may encourage other tenants to consider the Edinger Corridor. City Council Members November 3, 1995 Page 3 of-. 3 . As an aside, the .recently issued Edinger- Corridor Economic Ma rket Study talks" .about the importance of the Edinger. Corridor to the city's financial viability, and ,discusses ways, that the .city can help to. revitalize this area.. The report : also includes. . ..the following_ statement: "Of equal or .greater- importance to maintaining the financial' viability of the Project Area; however, is . the need .to generate private real--estate_ investment. This will result in. the expansion of the property tax ,base, . and. hence,. incremental revenues accruing to. the Agency- which can be used for :redevelopment -purposes. " (page 14 - italics mine) Freeway Industrial Park -has been working and investing in this part .of Huntington . Beach for over thirty-five .years, with no help or incentives from the. city. At. this point, we ask your approval of the EZ Lube conditional use permit so that we can continue to invest in a way-..that .will- benefit all _of the parties involved: Freeway. Industrial ..Park, ..EZ -Lube, the surrounding businesses, and the City of Huntington Beach. Yours truly, --- Janette Trotter Ditkowsky Chief Operating Officer Parcel Nos. 00 00 1/00007 cp NUNN so pill ■■■ // C SO ■1■■ /�/� r= ■Wvl 20 + _ . PW FREEWAY INDUSTRIAL PARK Summary of Real. Estate Owned in Huntington Beach 1. 16161 Gothard Street, Huntington Beach, California:. 1-story, 15, 120 s.f. industrial building constructed in 1966, located on 42;405 s. f. of land. .Building is leased to Coastline Diagnostic. 2 . 7301-7313 Murdy Circle, Huntington Beach, California 1-story, 15, 040 s.f. building constructed . in 1969, located on 39, 000 s. f. of land. Building has been completely rehabbed, and is leased to three industrial tenants. 3 . 7261-7290 Murdy Circle, Huntington Beach, California Three 1-story industrial buildings constructed in 1971 totaling 28,443 s. f. (2 @ 9,425 s. f. and 1 @ 9, 593 s. f. ) , located on 77, 551 s. f. of land. (Freeway Industrial Park owns a 5/6 interest in this parcel. ) Building is leased to thirteen industrial tenants. 4. 7294-7312 Murdy Circle, Huntington Beach, California 1-story, 15, 072 s. f. industrial building constructed in 1965, located on 39, 000 s. f. of land. Building has been completely rehabbed, and is leased to three industrial tenants. 5. 16131 Gothard "Street, Huntington Beach, California Two 1-story industrial buildings; one containing 31, 185 s. f. constructed in 1968 and the other containing 15, 225 s. f. constructed in 1969, both located on .136, 461 s. f. of land. (Freeway Industrial Park owns a 5/6 interest in this parcel. ) Building is leased to seven industrial tenants. 6. 7362 Edinger Avenue, Huntington Beach, California 1-story, 11, 960 s. f. commercial building constructed in 1974, located on 35, 898 s. f. of land. Building is leased to Ortho Mattress. Nov 3 , 1995 FREEWAY INDUSTRIAL PARR . Summary of Real Estate Owned in Huntington Beach (continued) 7 . 7401 Edinger Avenue, Huntington Beach, California 1-story, 4, 697 s.f. ,restaurant building constructed in 1968, located on 44, 587 s. f. of land. Building is leased to Rosalynn's .Restaurant. 8. 7361 Edinger Avenue, Huntington Beach, California Formerly a 1-story service station building, now a vacant 22,500 s.f. parcel of land. Reverse build-to-suit lease has been signed with EZ Lube, subject to conditional use permit approval from City of Huntington Beach. 9 . 7441 Edinger Avenue, Huntington Beach, . California A 9 . 19 acre parcel of land ground leased to Levitz Furniture. 10. 7225-7227 Edinger Avenue, Huntington Beach, California A 5. 60 acre parcel of land with one 11, 000 square foot building and one . 66, 820 square foot building. Anchor tenant for main building is Angelus Furniture Outlet. 11. 7311 Edinger Avenue, Huntington Beach, California A 37, 287 s. f. parcel of land ground leased to Family Restaurants. Inc. for the CoCo's restaurant on the .site. 12 . 15861-15891 Gothard Street, Huntington Beach, California A 97., 083' s. f. parcel of land ground leased to Kuo Lee/Chan for Nurseryland and strip shopping center. Nov 3 , 1995 James C.Auther Assiate Grubb&Ellis R tairPropertiesDivision November 14, 1995 City Council Members City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Dear City Council Members: The Grubb &Ellis Company currently represents both Freeway Industrial Park(FIP)in marketing the 20,000 square foot parcel located at the northeast corner of Edinger and Gothard and Levitz Furniture in marketing for sub-lease the 37,000 square foot former Sportmart space located at the same intersection. Our greatest obstacle in tenanting the former Sportmart space has been the fact that larger and better-located space has been available. This is seen by Barnes&Noble taking Barker Brothers, Burlington Coat Factory taking the J.C. Penney building, Best Buy located on the 405 freeway by Westminster Mall, Three D Bed &Bath's ability to keep expanding at the Target Center, the 26,000 square foot building available at the Sports Chalet site and the building that Burlington Coat Factory once tenanted. We never encountered parking as an issue but rather the marketplace offered better sites. As these last few spaces procure tenants, we expect the Sportmart space to start receiving sincere tenant interest. Freeway Industrial Park also owns the land underneath the Levitz facility. Levitz entered into a long term ground lease with FIP and they have approximately 26 years left on this lease. FIP is a third generation family-owned real estate company whose founder, John A. Murdy, Jr. farmed in Huntington Beach, including what is now this intersection. They are holders of real estate, not merchant builders. They make decisions based on a long term plan. Grubb&Ellis' direction from FIP in marketing this corner has been to procure the best tenant which would create market income for the corner, but not hinder the current marketability or the future potential of the Levitz property. After we received this direction from FIP,we analyzed several alternative types of developments for the corner. As we prepared different site plans with different uses, it became very apparent that in order not to adversely effect the Levitz property, this project's size would be limited so as to allow for 100% of its parking to be contained within Grubb&Ellis Company 4000 MacArthur Blvd.,Suite 1500,Newport Beach,CA 92660 (714)833-2900 Fax(714)833-8037 City Council Members + • November 14, 1995 Page 2 this very small lot. Once this parameter was set, the site would yield a maximum of approximately 6,000 square feet in a strip center(multi-tenant) building. Keeping in mind that one of our major objectives was not adversely effecting the Levitz property, we felt that a 6,000 square foot building would not only create too much"cross parking" but would virtually block any visibility to the Levitz property from the corner. At this point, we came to the conclusion that we would target only those financially sound tenants that required a small building and minimal parking. E Z Lube fits this bill perfectly. They have a small building(2,300 SF), they do not restrict visibility of the Levitz Building, they have been in business for over ten years, all stores are company-owned and the operation requires almost no parking since customers are serviced rapidly. The E Z Lube building has a timeless look and is flexible, to allow for an easy retrofit if the market dictates. E Z Lube's site plan and use allows for 12 of its 17 parking spaces to be available for the future tenant of the Sportmart space. Grubb&Ellis Company believes that allowing E Z Lube to locate at this site will be a"win/win" for all parties involved. City of Huntington Beach Increases its sales tax and property tax base while reducing by one its inventory of unsightly vacant lots Freeway Industrial Park Creates a new producing asset, while maintaining the long term value of a current asset. (The Levitz property) E Z Lube Adds a store in the attractive Huntington Beach market Levitz and the Sportmart Space Gets the corner cleaned up with a compatible retail draw, maintains an excellent view corridor to the corner and creates additional parking via reciprocal parking agreement with E Z Lube. jauthalcouncil.dw City Council Members • • November 14, 1995 Page 3 r We hope this clarifies the steps that both FIP and Grubb& Ellis took that concluded with choosing E Z Lube. We also trust that once these facts are reviewed, you will come to the same conclusion as we have and approve the E Z Lube project. Sincerely, GRUBB & ELLIS COMPANY COMMERCIAL REAL ESTATE SERVICES James C. Auther Senior Associate Retail Properties Division JCA:cmp jautherlcouncil.doc To: City Council, Planning Commissioners, City Officials, Employees and Residents RE: Benefits of EZ Lube Project Edinger and Gothard • Steady sales tax revenue to the city. • Increased property tax revenue. • Will encourage patronage to the surrounding businesses. • Attractive and timeless Italian Mediterranean architecture. • EZ Lube recycles 100% of its used oil and filters and accepts used motor oil from its customers and residents of Huntington Beach. • EZ Lube works with the cities to advertise and promote proper waste oil disposal from do-it-your-self oil changers. • EZ Lube is offering Levitz 12 of its 17 required parking spaces and a cross access driveway between the two properties. • Triple the code required landscaping (27%). Two attractive patio areas for customers to sit outside. • Hardscape at the exit of the bays of stamped decorative and colored concrete. • Closing off the two driveways closest to the intersection for safety. • No public funds needed or required to subsidize the project. • Property owner is dedicating property to the City for widening of Edinger. • New attractive building may help encourage other building owners to upgrade the architecture of their buildings. • The planning commissioners voted unanimously in favor of the project. • Cross easement with Levitz to allow traffic to flow between Levitz shopping center and the EZ Lube site. • Eliminates a vacant gas station site from the city. • The EZ Lube building is only 2500 square feet and covers only 11% of the property area with landscaping covering 27% of the property. The zoning would allow a 6,000 square foot strip center that may be unleased much of the time and would block visibility of the Levitz site. • EZ Lube building is less than half the code allowed height limit. • No residents within the City of Huntington Beach have protested application. • The EZ Lube business generates minimal noise, uses no power tools and only does maintenance oil changes. • The project will not cause traffic problems. • EZ Lube is a service business that focuses on excellent customer service and will become an active member in the city chamber of commerce and local charities. - ------------------------------------- ------------------------------------------- ----- -------------------------- t(���� �w� JAA,�, S4wA.t.L c: I H �,_5- 6 51/1 5 S VJv J LD- $ A-- -- 'To Co ow -------- -- 13. A LIP T ilk, d1vil c n- Lo Pe Cox., 6 '1 4L dp`oso�`S . Z-- •�k,4,�'�'�v.�..� b� l�. c�r.4,�� t�SS4�� . '��� ��c,�w�-� ta.�a 142 071 65 1 J\ 142 071 66 2 142 072 06 3 FREEWAY INDUSTRIAL PARK FREEWAY INDUSTRIAL PARK FREEWAY INDUSTRIAL PARK 2032 La Colina Dr 212 High St 2032 La Colina Dr Santa Ana CA 92705 Pottstown PA 19464 Santa Ana CA 92705 142 072 08 4 142 072 09 5 142 321 01 6 Ol� FREEWAY INDUSTRIAL PARK FREEWAY INDUSTRIAL PARK PEDIGO PRODUCTS INC PO Box 1472 2701 Alton Pky 4000 SE Columbia Way Newport Beach CA-4-26639-9 a 6 6 3 Irvine CA 92714 Vancouver WA 98661 142 511 01 7 142 511 02 8 �� 142 511 03 9 EDINGER ASSOCIATES%TAC EDINGER ASSOCIATES FREEWAY INDUSTRIAL PARK 3682 La Colmena Way PO Box 10187 2032 La Colina Dr Los Alamitos CA 90720 Newport Beach CA 92658 Santa Ana CA 92705 142 51104 10 0 EZ Luk, /hc /P9�•e - ssocia�� FREEWAY INDUSTRIAL PARK ZV417 asf clr0� Oc eQr� ✓�r'ue 2032 La Colina Dr �rmos4 t3�a� �'9015'Sr hie r�oSQ /mac!G•9 90 Z�y Santa Ana CA 92705 6 ,' 4T7jV � 001vI'd ' 01? 9 bJt7 i�C�(it°Y io Co Po � ox y 3 V9 � ems, gago3 tea - s0 - o3 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, November 20, 1995, at 6:30 PM in the City Council Chambers, 2000 Main Street,Huntington Beach,the City Council will hold a public hearing on the follo-,ing planning and zoning item: ❑ 1. CONDITIONAL USE PERMIT NO. 95-68/VARIANCE NO. 95-19 -APPEAL. Applicant: EZ Lube c/o Mike Dobson. Appellant: Councilmember Bauer. -Rcqucst: Appcal to the Planning Commission's conditional approval to permit a 3,126 square feet auto service building(drive- through lube/oil change)and a variance to allow a portion of the building to encroach into the 50 feet setback on Edinger Avenue. Location: 7361 Edinger Avenue, northeast corner of Gothard Street and Edinger Avenue. Project Planner: Susan Pierce NOTICE IS HEREBY GIVEN that the above item is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648,for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after November 17, 1995. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City at,or prior to,the public hearing. If there are any further questions please call the Planning Division at 536-5271 and refer to the above item. Direct your written communications to the City Clerk Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street,2nd Floor Huntington Beach, California 92648 (714) 536-5227 (cdgl t 120) i 1 1 i S h ` 1 t .. 1 1 . • .. ., .: •1 as nery Connie Brockway,City Clerk City of Huntington Beach A^ Office of the City Clerk P.O. Box 190 u' Huntington Beach,CA 92648 - p rt?'�./? 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