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HomeMy WebLinkAboutPub Hear - Appeal by Riggs Thayer Planning Commission Approv �, CITY OF HUNTINGTON BEACH I 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 27, 2001 Expo Design Center Attn: Rick Thayer 6912 Edinger Avenue Huntington Beach, CA 92649 Dear Mr. Thayer: Please find enclosed the June 18, 2001 minutes of the regular meetings of the City of Huntington Beach City Council/Redevelopment Agency at which there was action taken regarding the following: (City Council) Public Hearing to Consider Appeal Filed by Riggs Thayer of the Planning Commission's Approval of Conditional Use Permit No. 01-05 (Expo Design Center—s/w Corner of Edinger Avenue and Goldenwest Street)to Permit Temporary Outdoor Sales Display (Gary Thomas, Property Owner) Sincerely, Connie Brockway, CIVIC City Clerk Enclosure g1followup/appeal/minute letter 2001.doc (Telephone:714536-5227) i CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 25, 2001 Expo Design Center Attn: Riggs Thayer 6912 Edinger Avenue Huntington Beach, CA 92649 Dear Mr. Thayer: The City Council of the City of Huntington Beach at its regular meeting held Monday, June 18, 2001 took action on the following Public Hearing Appeal: Public Hearing to Consider Appeal Filed by Riggs Thayer of the Planning Commission's Approval of Conditional Use Permit No. 01-05 (Expo Design Center — s/w Corner of Edinger Avenue and Goldenwest Street)to Permit Temporary Outdoor Sales Display (Gary Thomas, Property Owner) The City Council did not sustain the Planning Commission action of April 24, 2001. The action taken by the City Council approved the Conditional Use Permit No. 01-05 with Findings and Suggested Conditions of Approval recommended by city staff(Recommended Action B). The Action Agenda and Suggested Findings and Conditions of Approval are enclosed. The June 18, 2001 minutes of the approval of the appeal will be mailed to you following Council approval of the minutes. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from June 25, 2001 to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, Connie Brockway, CIVIC City Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions for Approval Action Agenda Page 11 cc: City Administrator City Attorney Howard Zelefsky, Planning Director g:/fol lowup/appeal/90d ayltr.doc (Telephone:714536-5227) CODE OF CIVIL PROCEDURE § 1094.6 § 1094.6. Judicial review; decisions of local agencies; petition; filing; time; record; decision and party defined; ordinance or resolution (a) Judicial revieW of any decision of a local agency,other than school district,as the term local.agency is defined in Section 54951 of the Government Code,or of any commission,board,officer or agent thereof, may be had pursuant to Section.1094.5 of this code only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section. (b) Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision, or for a initten decision or written findings supporting the decision,in any applicable provision of any statute,charter,or rule, for the purposes of this section, the decision is final on the date it is announced. If the decision is not announced at the close of the hearing,the date,time,and place of the announcement of the decision shall be announced at the hearing. If there is a provision for reconsideration,the decision is final for purposes of this section upon the expiration of the period during which'such.reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. If there is a provision for a written decision or written findings,the decision is final for purposes of this section upon the date it is mailed by first-class mail, postage prepaid, including a copy of the affidavit or'certificate of mailing,to the party seeking the writ. Subdivision(a) of Section 1013 does not apply to extend the time,following deposit in- the mail of the decision or findings,within which a petition shall be filed. (c) The complete record of the proceedings'shall be prepared by'the local agency or its commission,. board, officer, or agent which made the decision and shall be delivered to the petitioner within 190 days after he has filed a written request therefor. The local agency may recover from the petitioner its-actual costs for transcribing'or otherwise preparing the record. Such record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision,all admitted exlubits,0 rejected exhibits in the possession of the local agency or its commission,: board,officer,or agent,all written evidence,and any other papers in the case. (d) If the petitioner files a request for the record as specified in subdivision(c)within 10 days after the date the decision becomes final as provided in subdivision(b),the time within which a petition pursuant to Section 1094.5 may be filed shall be extended to not later than the 30th day following the date on which the record-is either personally delivered or mailed to the petitioner or his attorney of record, if he has one: (e) As used in this section, decision means a decision subject to review pursuant to Section 1094.5, suspending;demoting,or dismissing an officer or employee,revoking, denying an application for a permit,license, or other entitlement, imposing a civil or administrative penalty, fine,_charge, or cost, or denying an application for any retirement benefit or allowance. (f) In making a final decision as defined in subdivision(e), the local agency shall provide notice to the party that the time vithin which judicial review must be sought is governed by this section. As used in this subdivision,"party"means en officer or employee who has been suspended,demoted or dismissed; a person whose permit,license,or other entitlement has been revoked or suspended,or whose application.for a permit,license,or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied. (g) This section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter, unless the conflicting provision is a state or federal law which provides a.shorter statute of limitations,in which case the shorter statute of limitations shall apply. (Amended by Stats. 1983, c.818, § 3; Stats.1991, c. 1090 (A.B.1484), § 6; Stats.1993, c. 926 (A.B2205); § 5; Stats.1995,c.898(S.B.814), § 1.) i ATTACHMENT NO. 2 STAFF'S RECOMMENDATION SUGGESTED FINDINGS AND CONDITIONAL OF APPROVAL CONDITIONAL USE PERMIT NO. 01-05: 1. Conditional Use Permit No. 01-05 for the establishment, maintenance and operation of the temporary outdoor sales within a 40-ft. by 90-ft. tent four times a year, 10 days per event and the storage/retail sales along the store frontage during normal business hours 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. The outdoor sales within the tent will be enclosed on three sides to prevent items from being stored outside the tent. This will also ensure that the traffic flow around the tent is not impeded by retail items. The outdoor storage adjacent to the building will be surrounded by a decorative fence to delineate the storage area and to ensure a 5-foot wide walkway . is maintained at all times. 2. The conditional use permit will be compatible with surrounding uses because outdoor storage/retail sales will be located in a manner that will not impede either pedestrian or vehicular traffic. 3. The proposed Conditional Use Permit No. 01-05 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. The project complies with all zoning requirements including parking and setbacks. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General on the subject property. In addition, . it is consistent with the following goal of the General Plan; a. Goal LU 7—Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. This project allows Expo Design Center to promote seasonal retail items on a temporary basis in the tent structure and a permanent basis along the building frontage. SUGGESTED CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 01-05: 1. The detailed site plan received and dated February 27, 2001 and the overall site plan dated January 18, 2001 shall be the conceptually approved layout with the following modifications: a. A 42-inch high barrier shall surround the outdoor retail sales area adjacent to the building. The barrier shall be in the form of a decorative fence, which shall be approved by the Planning Department. A minimum 5-foot wide pedestrian walkway system shall be provided. b. The tent structure shall be enclosed on three (3) sides to prevent items from being stored outside the perimeter of the tent. 2. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) CUP 01-05(PL 01-18) Attachment No.2.1 b. A minimum 5-foot wide clear sidewalk shall be maintained around the outdoor retail sales/display area adjacent to the building. c. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. d. Hours of operation of the temporary outdoor sales within the tent and permanent outdoor sales adjacent to the building shall be limited to the current business hours (Monday— Friday 8AM to 9PM, Saturday 9AM to 7PM, Sunday 10AM to 6PM). e. The temporary outdoor sales within the tent shall be permitted four(4)times a year,ten (10) days per event. The applicant shall notify the Code Enforcement division in writing ten (10) days prior to each event. f. Only the uses described in the narrative shall be permitted. g. The applicant shall obtain all applicable permits from the fire department prior to each tent sale. h. No signage shall be permitted on the tent structure. i. Prior to commencement of the first tent event or outdoor retail sales/display, submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department to the Planning Department for inclusion in the entitlement file. 3. A review of the use shall be conducted by the Staff(Zoning Administrator with report with public hearing) within one (1) year of the date of final approval (April 24, 2002) to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that time the Zoning Administrator may consider modifications to the conditions of approval. 4. The applicant shall submit, and the Director of Planning shall review and approve, a plan detailing where the cart storage will be relocated prior to the commencement of the outdoor retail sales/display. 5. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the City Council's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the City Council may be required pursuant to the.HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 01-05 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-05 shall become null and void unless exercised within one year of the date of final approval which is April 24, 2002, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. CUP 01-05(PL 01-18) Attachment No.2.2 3. The City Council reserves the right to revoke Conditional Use Permit No. 01-05, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. CUP 01-05(PL 01-18) Attachment No.2.3 (11) June 18, 2001 - Council/Agency Agenda - Page 11 D. PUBLIC HEARINGS Anyone wishing to speak on an OPEN public hearing is requested to complete the attached pink form and give it to the Sergeant-at-Arms located near the Speaker's Podium. D-1. (City Council) Public Hearing to Consider Appeal Filed by Riggs Thayer of the Planning Commission's Approval of Conditional Use Permit No. 01-05 (Expo Design Center—s/w Corner of Edinger Avenue and Goldenwest Street)to Permit Temporary Outdoor Sales Display(Gary Thomas, Property Owner) (420.40) Applicant/Appellant: Riggs Thayer, Expo Design Center Request: To permit temporary outdoor sales within a 40-foot by 90-foot tent a maximum of five (5) times a year, a maximum of 10 days per event. In addition, to permit the year round outdoor display/retail sales of select merchandise along the front of the store during normal business hours. Location: 6912 Edinger(southwest comer of Edinger Avenue and Goldenwest Street) Environmental Status: This 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 92546, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after Friday, June 15, 2001. 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 Department at 714-536-5271 and refer to the above items. Direct your written communications to the City Clerk. 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input, close public hearing Recommended Action: Approve Conditional Use PeFm;t No. 01 05 with Findings and Conditions of Approva4 as approved by the Planning Commission on ApM 24, 2001 (AttaGhment No. 1)." B. Staff Recommendation: Motion to: Approve Conditional Use Permit No. 01-05 with Findings and suggested Conditions of Approval (Attachment No. 2). [Approved 6-0-1 (Dettloff absent)] °b CITY OF HUNTINGTON BEACH MEETING DATE: June 18, 2001 DEPARTMENT ID NUMBER: PL01-18 Council/Agency Meeting Held: Deferred/Continued to: A proved ❑ Conditionally Appr ved Denied P ity ler 's Signature Council Meeting Date: June 18, 2001 Department ID Number: PL01-18 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, CityAdministrator��� co I� � h;=, �o . .. PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVE CONDITIONAL USE PERMIT NO. 01-05 (Expo-bes& Center) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for City Council's consideration is an appeal by Riggs Thayer, Expo Design Center, of the Planning Commission's conditional approval of Conditional Use Permit No. 01-05. This application represents a two-fold request as follows: 1) To permit year round outdoor retail sales/display along the store frontage during normal business hours; and 2) To permit temporary outdoor retail sales within a 40-ft. by 90-ft. tent in the parking lot for a maximum of five events per year with each event not exceeding 10 days at a time. The appeal is based on the applicant's determination that certain conditions imposed by the Planning Commission are unacceptable to their business practices and the Planning Commission prohibited the year round outside retail sales/display. The Planning Commission conditionally approved the request and is recommending the City Council uphold the conditional approval (Recommended Action -A) because they believe the conditions imposed to prohibit retail display/sales along the building frontage, require Design Review Board review for the tent, and limit the tent events to a maximum of three years, will increase the compatibility of the use and ensure that the use does not impact adjacent businesses. Staff is recommending approval of both aspects of the applicant's request with conditions (Recommended Action - B) to partially screen the outside year round retail display area with a 42-inch high decorative barrier, limit the tent event to four (4) times a year, and enclose the tent on three sides, because staff believes the use is compatible with adjacent businesses and will not pose any circulation or traffic problems. P101-18 -2- 6/8101 4:33 PM REQUEST FOR ACTION MEETING DATE: June 18, 2001 DEPARTMENT ID NUMBER: PI01-18 The applicant is requesting approval without the conditions imposed by the Planning Commission which is consistent with staffs recommendation. (Recommended Action - B) Funding Source: Not applicable. Recommended Action: RI}et+er�-te: „ Planning Commission Action on April 24, 2001: THE MOTION MADE BY KERINS, SECONDED BY LIVENGOOD, TO APPROVE CONDITIONAL USE PERMIT NO. 01-05, WITH MODIFIED FINDINGS AND CONDITIONS FOR APPROVAL (ATTACHMENT NO. 1) CARRIED BY THE FOLLOWING VOTE: AYES: LIVENGOOD, KERINS, SHOMAKER, KOKAL, HARDY NOES: NONE ABSENT: MANDIC ABSTAIN: BORDEN MOTION PASSED B. STAFF RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 01-05 with findings and suggested conditions of approval (Attachment No.2)." Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Continue Conditional Use Permit 01-05 and direct staff accordingly." 2. "Deny Conditional Use Permit No. 01-05 with findings of denial." P101-18 -3- 6/8/01 4:33 PM REQUEST FOR ACTION MEETING DATE: June 18, 2001 DEPARTMENT ID NUMBER: PL01-18 Analysis: A. PROJECT PROPOSAL: _ Applicant: Riggs Thayer, Expo Design Center, 6912 Edinger, Huntington Beach, CA 92647 Location: 6912 Edinger Avenue (SW corner of Edinger Avenue and Goldenwest Street) Conditional Use Permit No. 01-05 represents a request to permit year round display and sale of merchandise and temporary outdoor retail sales within the Commercial General District pursuant to Section 230.74, Outdoor Facilities. The year round outdoor retail sales/display is proposed adjacent to the building directly west of the main entrance and is proposed to enclose approximately 450 square feet (6-feet by 75-feet) of sidewalk area. The area where the retail sales/display is proposed is currently used for cart storage and is 11 feet wide. The area will be used to promote seasonal items including patio furniture, barbecues, and other related items. The items are proposed to be displayed during the day and will be moved inside the store at night. The outdoor retail sales are proposed within a tent located in the main parking lot directly north of the Expo Design Center building. The applicant is requesting to hold tent events five (5) times a year, 10 days per event. The tent is proposed to be white and will cover approximately 3,600 square feet (40-feet by 90-feet) of parking area and temporarily displaces approximately 20-22 parking spaces. The tent will be used to promote special sales items including rugs and seasonal items such as barbecues and patio furniture. The hours of operation for both the outdoor tent structure as well as the outdoor retail sales/display area will be limited to the current business hours (Monday— Friday 8AM to 9PM, Saturday 9AM to 7PM, Sunday 10AM to 6PM). B. CODE ENFORCEMENT HISTORY The Expo Design Center has been cited for outdoor retail sales/display without a permit in October and November of 2000. In October 2000, the Expo Design Center was issued a Notice of Violation for an outdoor tent sale. The tent was removed and no further notices were issued regarding the tent sale. Also, the Expo Design Center was issued two (2) Notices of Violation as well as one (1) citation for outdoor retail sales/display adjacent to the front of the building. Since the citation they have complied with all code enforcement requests and have brought the property into compliance. There are no outstanding code enforcement issues. P101-18 -4- 6/8/01 4:33 PM REQUEST FOR ACTION MEETING DATE: June 18, 2001 DEPARTMENT ID NUMBER: PI01-18 C. PLANNING COMMISSION MEETING AND RECOMMENDATION: The project was approved by the Zoning Administrator on March 21, 2001. The project was appealed by Planning Commissioner Ed Kerins on March 28, 2001 because the project did not receive Design Review Board approval, the tent facility is the antithesis of the goals of the Edinger Corridor Study, and the proposed use did not meet the general design objectives for general commercial uses as described in the Urban Design Guidelines. On April 24, 2001 the Planning Commission held a public hearing to discuss the proposed project. There were three persons who testified during the public hearing, including the applicant, all of whom supported the project. Staff received one letter from an adjacent residential property owner in opposition of the project. Following the public hearing, the Commission and staff discussed Design Review Board (DRB) approval of the tent color; consistency with the proposed Edinger Corridor Plan; the need to have a sunset clause; and prohibiting concurrent sales. The Planning Commission approved the conditional use permit with the following conditions: 1. Prior to commencing the tent event, the tent structure shall be reviewed and approved by the Design Review Board. 2. Three (3) years from the date of approval (April 24, 2004) the Conditional Use Permit for the temporary outdoor sales within the tent shall expire. 3. The permanent outdoor retail sales/display adjacent to the building shall be prohibited. D. APPEAL: On May 4, 2001 the applicant, Riggs Thayer from Expo Design Center, appealed Planning Commission's action (Attachment No. 3) citing the following reasons: • Planning Commission prohibited outdoor retail sales adjacent to the building • The requirement imposed by the Planning Commission that the tent structure be reviewed by the Design Review Board • Planning Commission's three- (3) year"sunset" clause for the tent events. E. STAFF ANALYSIS AND RECOMMENDATION: The primary issues to consider when reviewing the proposed project and the appeal are compatibility and circulation, both pedestrian and vehicular. A complete project analysis is provided in the attached Planning Commission Staff Report (Attachment No. 5). P101-18 -5- 6/8/01 4:33 PM REQUEST FOR ACTION MEETING DATE: June 18, 2001 DEPARTMENT ID NUMBER: PL01-18 Compatibility The tent structure is proposed to be white and will be enclosed on three sides to ensure that items are not stored in the drive aisle or outside of the tent. This will allow the applicant to display retail sales items outdoors while maintaining a neat and clean tent operation. The tent will be located in the center of the main parking lot, directly north of the Expo Design Center building. The location of the tent will allow customers to shop close to the store while maintaining adequate drive aisles, access to parking, and proper circulation. The year round outdoor retail sales/display will consist of approximately 450 square feet and will be located adjacent to the existing building. Staff supports the request because both the tent and the outdoor retail sales/display area will be designed to be compatible with, and not impact, the surrounding area or center while still achieving the applicant's operational needs. Staff recommends the following conditions to increase the compatibility of the proposed use: • Tent enclosed on three sides to prevent "spillage" • A 42-inch high decorative barrier shall be installed around the display area adjacent to the building • A minimum five (5) foot wide sidewalk be maintained to allow adequate pedestrian circulation along the building frontage • One year review by Zoning Administrator with public hearing Urban Design Guidelines Staff reviewed the location, compatibility, site entry, and other applicable sections of the Guidelines. The proposed temporary tent and permanent outdoor display area is in compliance with the Urban Design Guidelines. The tent is proposed to be white and will be enclosed on three (3) sides in order to prevent items from being stored outside of the tent area and provide an aesthetic appearance. The outdoor retail sales/storage area adjacent to the building will be surrounded by a 42-inch high decorative barrier to encourage pedestrian activity along the building frontage while ensuring that the retail items do not impede pedestrian flow. Staff supports the request because both the temporary tent and the permanent outdoor retail sales/display area will be consistent with the Urban Design Guidelines. PI01-18 -6- 6/8101 4:33 PM REQUEST FOR ACTION MEETING DATE: June 18, 2001 DEPARTMENT ID NUMBER: PL01-18 Staff has recommended the following conditions to increase the aesthetics of the proposed use: Tent enclosed on three sides to prevent "spillage" • A 42-inch high barrier shall be installed around the display area adjacent to the building Circulation Staff has considered the vehicular traffic implications of a tent structure in the parking lot at the Expo Design Center. The proposed location will temporarily displace 20 —22 parking spaces but will maintain the required drive aisles, and ensure that proper circulation is maintained in and around the parking lot. As proposed and conditioned the design and location of the tent will not impact the circulation pattern in the parking lot. The loss of parking due to the temporary tent events will not impact the commercial center because the events will be temporary in nature and will only displace 20 — 22 parking spaces of the 774- space parking lot (2% of the parking area). In addition, all service roads and fire lanes will be maintained to ensure proper circulation. Staff has also considered the pedestrian traffic implications of outdoor retail sales adjacent to the building. Currently cart storage is located where the outdoor retail sales is proposed. The applicant has not proposed an alternative location for the storage of carts. Staff has recommended a condition requiring a cart storage plan to be reviewed and approved by the Director of Planning prior to outdoor retail sales/display commencement. Staff believes the outdoor retail sales will not impact pedestrian traffic because the retail sales area will be enclosed with a decorative 42-inch high barrier and a five (5)-foot walkway will be maintained. F. APPEAL The Planning Commission modified several of the recommended conditions in order to further increase the compatibility of the proposed use. The appeal is based on the additional conditions imposed by the Planning Commission. An analysis of the appeal and the primary issues follows: No outdoor retail sales adjacent to the building The Planning Commission recommended this condition because the outdoor retail sales/display would be incompatible with adjacent uses. The Planning Commission was also concerned that this approval would be precedent setting for other outdoor retail sales/display requests. P101-18 -7- 618101 4:33 PM REQUEST FOR ACTION MEETING DATE: June 18, 2001 DEPARTMENT ID NUMBER: PL01-18 Staff believes the outdoor retail sales adjacent to the building is compatible with adjacent uses because with suggested conditions the activities will not obstruct either vehicular or pedestrian circulation. Staff believes that the 42-inch high decorative barrier surrounding the retail sales/display area will ensure that adequate walkways are maintained. In addition, staff believes the precedence for outdoor retail sales/display has been set by such projects as the Farmers Market downtown. Although other outdoor retail sales/display uses have been approved in the past, the City reviews every application based on it's own merits and makes recommendations on compliance with applicable ordinances. Tent structure shall be reviewed by the Design Review Board The Planning Commission recommended the Design Review Board review the tent structure because the project is within the proposed Edinger Corridor Study area. The Planning Commission recommended the Design Review Board limit the allowable colors of the tent in order to increase the compatibility of the tent. The Expo Design Center is currently located within the proposed Edinger Corridor Study Area. The study area is under review as a possible specific plan but has not been formally adopted by the City. The HBZSO requires projects located within Specific Plan areas to be reviewed by the Design Review Board (DRB). Staff believes the tent structure does not require review by the Design Review Board because the tent is temporary in nature and the project site is not subject to DRB review. Three- (3) year"sunset"clause for the tent events The Planning Commission imposed the three- (3) year"sunset" clause in order to ensure that the tent events would not continue for perpetuity. They felt that when the Edinger Corridor Specific Plan is adopted tent events will not be permitted and this use should be ceased at the time of the adoption of the Edinger Corridor Specific Plan. Staff believes the temporary tent events would not affect the Edinger Corridor Specific Plan and would not be detrimental to the property or surrounding area. Staff is not opposed to a "sunset" clause but recommends a one-year review at which time the Zoning Administrator can review the use, the specific plan status, and the concerns by staff, Planning Commission and City Council. At that time the Zoning Administrator can modify the conditions of approval as necessary. PI01-18 -8- 6/8/01 4:33 PM REQUEST FOR ACTION MEETING DATE: June 18, 2001 DEPARTMENT ID NUMBER: PL01-18 G. SUMMARY Staff recommends approval of Conditional Use Permit No. 01-05 without the conditions approved by the Planning Commission for the following reasons: - The outdoor sales within the tent will be enclosed on three sides to prevent items from being stored outside of the tent. - The outdoor retail/display area adjacent to the building will be surrounded by a decorative fence to delineate the storage area. - A minimum five-foot pedestrian walkway will be maintained around the outdoor retail/display area adjacent to the building. - The potential impacts including traffic will be minimized by conditions imposed. - The project complies with the base district and the HBZSO. - The project is consistent with the General Plan. Environmental Status: The project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project is a minor alteration of an existing facility. Attachment(s): City Clerk's Page Number No. Description Suggested Findings and Conditions of Approval (PC ' Recommendation) 3 2 Suggested Findings and Conditions of Approval (Staffs Recommendation) 3 Appeal letter to the City Council dated May 3, 2001 ?', 4 Planning Commission Minutes dated April 24, 2001 5 Planning Commission Staff Report dated April 24, 2001 P101-18 -9- 6/8/01 4:33 PM � � � � L � � � y� � � j �� � 9/ r 7' � r \ � � � � � � rri `\ � � t�,\ ✓�a rP ATTACHMENT NO. 1 PLANNING COMMISSION'S RECOMMENDATION SUGGESTED FINDINGS AND CONDITIONAL OF APPROVAL CONDITIONAL USE PERMIT NO. 01-05: 1. Conditional Use Permit No. 01-05 for the establishment, maintenance and operation of the temporary outdoor sales within a 40-ft. by 90-ft. tent four times a year, 10 days per event 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. The outdoor sales within the tent will be enclosed on three sides to prevent items from being stored outside the tent. This will also ensure that the traffic flow around the tent is not impeded by retail items. 2. The conditional use permit will be compatible with surrounding uses because outdoor sales within the tent will be located in a manner that will not impede vehicular traffic. 3. The proposed Conditional Use Permit No. 01-05 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. Although Conditional Exception (Variance) No. 88-44 allowed a 172 space parking reduction, and the tent event will occupy approximately 20-22 parking spaces, the project complies with all zoning requirements including parking and setbacks. Additional parking is not required for outdoor tent events. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General on the subject property. In addition, it is consistent with the following goal of the General Plan: a. Goal LU 7 —Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. This project allows Expo Design Center to promote seasonal retail items on a temporary basis in the tent structure. CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 01-05: 1. The detailed site plan received and dated February 27, 2001 and the overall site plan dated January 18, 2001 shall be the conceptually approved layout with the following modifications: a. The tent structure shall be enclosed on three (3) sides to prevent items from being stored outside the perimeter of the tent. b. All references to outdoor retail sales adjacent to the building shall be removed from the plans. 2. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) CUP 01-05(PL01-18) Attachment 1.1 b. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. c. Hours of operation of the temporary outdoor sales within the tent shall be limited to the current business hours (Monday— Friday 8AM to 9PM, Saturday 9AM to 7PM, Sunday 10AM to 6PM). d. The temporary outdoor sales within the tent shall be permitted four (4) times a year, ten (10) days per event. The applicant shall notify the Code Enforcement division in writing ten (10) days prior to each event. e. The applicant shall obtain all applicable permits from the fire department prior to each tent sale. f. No signage shall be permitted on the tent structure. g. Prior to commencement of the first tent event, submit a copy of the revised site plan pursuant to Condition No. 1 to the Planning Department for inclusion in the entitlement file. h. A security guard shall be posted 24 hours a day during the tent events. (PC) i. The dates for the outdoor retail sales within the tent may not be contiguous. (PC) 3. A review of the use shall be conducted by the Staff with a public hearing and report to the Zoning Administrator within one (1) year of the date of final approval (April 24, 2002) to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that time the Zoning Administrator may consider modifications to the conditions of approval. 4. The permanent outdoor retail sales/display adjacent to the building shall be prohibited. (PC) 5. Prior to commencing the tent event, the tent structure shall be reviewed and approved by the Design Review Board. (PC) 6. Three (3) years from the date of approval (April 24, 2004)the Conditional Use Permit for the temporary outdoor sales within the tent shall expire. (PC) 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 01-05 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-05 shall become null and void unless exercised within one year of the date of final approval which is April 24, 2002, or such extension of time as may be granted by (CUP 01-05/O1sr14) Attachment No. 1.2 the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 01-05, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be obtained from the Planning Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. (CUP 01-05/01 sr14) Attachment No. 1.3 ��: ��. . � .. . . . > ���-� < : � a . , . \ \ 2� i1 \ 9 �� :a � � � . �z : , m� .< � \ ?� ° d ��\ ��\ x © : r « > . >� ����/� w, : < � « « ����\ � , 29�»\ , ; < :., �/d » » ,�� �©���»� �< . : .� � c ? � d:. y � � . �` \ �� 2 \ \ s » � «> \��>�:; Gi \ \ ����\\ � g�\/ « � �w2 \yy� �y �m�\/ ���« �\ �����/ % �< < « : ��ƒ ? :�! � .� \ /��� . _« « m �\ ���\ \ \ � ������} \ � ������ d �`��( �« ��: ° ATTACHMENT NO. 2 STAFF'S RECOMMENDATION SUGGESTED FINDINGS AND CONDITIONAL OF APPROVAL CONDITIONAL USE PERMIT NO. 01-05: 1. Conditional Use Permit No. 01-05 for the establishment, maintenance and operation of the temporary outdoor sales within a 40-ft. by 90-ft. tent four times a year,10 days per event and the storage/retail sales along the store frontage during normal business hours 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. The outdoor sales within the tent will be enclosed on three sides to prevent items from being stored outside the tent. This will also ensure that the traffic flow around the tent is not impeded by retail items. The outdoor storage adjacent to the building will be surrounded by a decorative fence to delineate the storage area and to ensure a 5-foot wide walkway is maintained at all times. 2. The conditional use permit will be compatible with surrounding uses because outdoor storage/retail sales will be located in a manner that will not impede either pedestrian or vehicular traffic. 3. The proposed Conditional Use Permit No. 01-05 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. The project complies with all zoning requirements including parking and setbacks. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General on the subject property. In addition, it is consistent with the following goal of the General Plan: a. Goal LU 7—Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. This project allows Expo Design Center to promote seasonal retail items on a temporary basis in the tent structure and a permanent basis along the building frontage. SUGGESTED CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 01-05: 1. The detailed site plan received and dated February 27, 2001 and the overall site plan dated January 18, 2001 shall be the conceptually approved layout with the following modifications: a. A 42-inch high barrier shall surround the outdoor retail sales area adjacent to the building. The barrier shall be in the form of a decorative fence, which shall be approved by the Planning Department. A minimum 5-foot wide pedestrian walkway system shall be provided. b. The tent structure shall be enclosed on three (3) sides to prevent items from being stored outside the perimeter of the tent. 2. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for.expenses incurred. (FD) CUP 01-05(PL 01-18) Attachment No.2.1 b. A minimum 5-foot wide clear sidewalk shall be maintained around the outdoor retail sales/display area adjacent to the building. c. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. d. Hours of operation of the temporary outdoor sales within the tent and permanent outdoor sales adjacent to the building shall be limited to the current business hours (Monday— Friday 8AM to 9PM, Saturday 9AM to 7PM, Sunday 10AM to 6PM). e. The temporary outdoor sales within the tent shall be permitted four(4) times a year, ten (10) days per event. The applicant shall notify the Code Enforcement division in writing ten (10) days prior to each event. f. Only the uses described in the narrative shall be permitted. g. The applicant shall obtain all applicable permits from the fire department prior to each tent sale. h. No signage shall be permitted on the tent structure. i. Prior to commencement of the first tent event or outdoor retail sales/display, submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department to the Planning Department for inclusion in the entitlement file. 3. A review of the use shall be conducted by the Staff(Zoning Administrator with report with public hearing) within one (1) year of the date of final approval (April 24, 2002) to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that time the Zoning Administrator may consider modifications to the conditions of approval. 4. The applicant shall submit, and the Director of Planning shall review and approve, a plan detailing where the cart storage will be relocated prior to the commencement of the outdoor retail sales/display. 5. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the City Council's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the City Council may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 01-05 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-05 shall become null and void unless exercised within one year of the date of final approval which is April 24, 2002, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. CUP 01-05(PL 01-18) Attachment No.2.2 3. The City Council reserves the right to revoke Conditional Use Permit No. 01-05, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. CUP 01-05(PL 01-18) Attachment No.2.3 y/ o i` ` NOTICE OF APPEAL TO PLANNING COMMISSION ACTION OF 04-24-01 Date of Planning Commission Action TO: Planning Dept (2 copies) DATE: 05-04-01 City Attorney (1 copy) FILED BY Riggs Thayer, EXPO Design Center REGARDING: Appeal of the Planning Commission's Conditional Approval on__ 4/24/01 of EXPO Design Center CUP No. 01-05 Tentative Date for Public Hearing: To be Determined 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 x5227 MEMO TM Des i g n Center May 3, 2001 i o--�`C City Clerk a,n City of Huntington Beach �0 >�Z 2000 Main Street :v s Huntington Beach, CA 92648 .� Re: Appeal of the Planning Commission's Conditional Approval on 4/24/01 of EXPO Design Center CUP No: 01-05 Please allow this letter to serve as an appeal of the Planning Commission's decision on April 24, 2001 to impose additional conditions upon a previously approved Conditional Use Permit No. 01-05. (EXPO Design Center). The specific conditions which we deem unacceptable are as follows: Condition#4: Removal from the Use Permit of the provision which allowed EXPO Design Center to display/sell select merchandise in a restricted area(approximately 450 s.£ or .5% of floor area) along the front of the store during normal business hours. Condition#5: The tent structure must be reviewed by the Design Review Board. Condition#6: Planning Commission imposed a three (3) year"sunset" clause with regard to our temporary outdoor sales events within a tented structure. I feel very strongly that the C.U.P. which was approved by the Zoning Administrator and fully supported and recommended by city staff was a good solution to a difficult problem. This Use Permit, as originally approved, is not a detriment to the goal of enhancing the positive image of Huntington Beach, nor is it the antithesis of the goals contained within the Edinger Corridor Economic Development Action Plan. Thank you, in advance, for your immediate attention to this matter. Sincerely, I'�r Riggs Thayer EXPO Design Center cc: Mike Abbate Sandra Thornton Francis Chu Howard Zelefsky 3800 West Chapman Avenue, Orange, California 92868 Telephone 7141940-3500 A HOME DEPOT COMPANY tir Planning Commission Minutes April 24,2001 Page 3 A general di ssion ensued.with the Commission and staff concerning the establishment o anson's Recycling Center and the requirements as setforth by Measure C, as we the City's mandate under AB939. Staff advised the Commission that the report was bei brought forth to bring the Commission's attention to the fact that the project is now bel based in two stages and to solicit comments from the Commission. The Commission addressed conce nd moved to receive and accept the information as presented by staff. A MOTION WAS MADE BY LIVENGOOD, SE D BY KERINS, TO RECEIVE AND ACCEPT CONDITIONAL USE PERMIT N0. 00-60 RIANCE NO. 00-24 WITH A SIX MONTH STATUS REPORT AND FORWARD TO TH COUNCIL, BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Livengood, Kokal, Bo n NOES: None ABSENT: Mandic ABSTAIN: None B. PUBLIC HEARING ITEMS B-1. APPEAL OF CONDITIONAL USE PERMIT NO. 01-05 (EXPO DESIGN CENTER): Applicant: Riggs Thayer, Expo Design Center, 6912 Edinger, Huntington Beach CA 92648 Appellant: Ed Kerins, Planning Commissioner, 2000 Main Street, Huntington Beach CA 92648 Property Owner: Gary Thomas, M&H Partners, 353 Sacramento Street, 21 st Floor, San Francisco, CA 94111 Request: To permit temporary outdoor sales within a 40-foot by 90-foot tent a maximum of five (5)times a year, a maximum of ten (10) days per event. In addition, to permit the year round outdoor display/retail sales of select merchandise along the front of the store during normal business hours. Location: 6912 Edinger(southwest corner of Edinger and Goldenwest) Proiect Planner: Sandra Thornton ♦ Conditional Use Permit No. 01-05 request: - Permit temporary outdoor retail sales within a 40-ft. by 90-ft. tent a maximum five times a year, a maximum 10 days per event. - Permit outdoor retail sales/display along the store frontage during normal business hours, year round. ♦ Staff's Recommendation: Approve Conditional Use Permit No. 01-05 with modifications based upon the following: - General Plan goal to encourage the diversity of land uses to sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. (01 p=0424) Planning Commission Minutes April 24,2001 Page 5 THERE WERE NO OTHERS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Kerins, appellant, responded to staffs analysis of the appeal issues as presented in the Staff Report. The Commission and staff engaged in discussions concerning Design Review Board (DRB) approval of the tent color; the existing variance for the parking lot; the reduction of 21 parking spaces; Code Enforcement issues; setting a precedence and the impact of businesses throughout the City conducting tent sales in the future; the impact on the City's attempt to upgrade the Edinger Corridor; prohibiting outdoor sales; the need for security guards 24 hours a day during the tent sales events; the need to condition a Sunset Clause for three years; and prohibiting concurrent sales. The Commission further stated that the findings should be modified to reflect that a parking variance currently exists on the site. A MOTION WAS MADE BY KERINS, SECOND 13Y LIVENGOOD, TO APPROVE CONDITIONAL USE PERMIT NO. 01-05 WITH MODIFIED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Livengood, Kokal NOES: None ABSENT: Mandic ABSTAIN: Borden FINDINGS -CONDITIONAL USE PERMIT NO. 01-06: 1. Conditional Use Permit No. 01-05 for the establishment, maintenance and operation of the temporary outdoor sales within a 40-ft. by 90-ft. tent four times a year, 10 days per event 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. The outdoor sales within the tent will be enclosed on three sides to prevent items from being stored outside the tent. This will also ensure that the traffic flow around the tent is not impeded by retail items. 2. The conditional use permit will be compatible with surrounding uses because outdoor sales within the tent will be located in a manner that will not impede vehicular traffic. 3. The proposed Conditional Use Permit No. 01-05 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. Although Conditional Exception (Variance) No. 88-44 allowed a 172 space parking reduction, and the tent event will occupy approximately 20-22 parking spaces, the project complies with all zoning requirements including parking and setbacks. Additional parking is not required for outdoor tent events. (01 p=0424) Planning Commission Minutes April 24,2001 Page 7 i. The dates for the outdoor retail sales within the tent may not be contiguous. (PC) 3. A review of the use shall be conducted by the Staff with a public hearing and report to the Zoning Administrator within one (1) year of the date of final approval (April 24, 2002) to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that time the Zoning Administrator may consider modifications to the conditions of approval. 4. The permanent outdoor retail sales/display adjacent to the building shall be prohibited. (PC) 5. Prior to commencing the tent event, the tent structure shall be reviewed and approved by the Design Review Board. (PC) 6. Three (3) years from the date of approval (April 24, 2004) the Conditional Use Permit for the temporary outdoor sales within the tent shall expire. (PC) 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 01-05 shall not become effective until the ten-calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-05 shall become null and void unless exercised within one year of the date of final approval which is April 24, 2002, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 01-05, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. (01pcm0424) ri �L f r� /� g�� / r � / a V \ ,c� gip\'. F - � { - �µ y� 1 WIN 0, s��1 Off, n gla3eac *F a n� �pa � WE,21 �R HUNTINGTON BEACH d•, t. TO: Planning Commission FROM: Howard Zelefsky, Director of Planning BY: Sandra Thornton, Assistant Planner( DATE: April 24, 2001 SUBJECT: APPEAL OF CONDITIONAL USE PERMIT NO. 01-05 (Expo Design Center) APPLICANT: Riggs Thayer, Expo Design Center, 6912 Edinger, Huntington Beach, CA 92647 PROPERTY OWNER: Gary Thomas, M&H Realty Partners, 353 Sacramento Street, 21S`Floor, San Francisco, CA 94111 LOCATION: 6912 Edinger Avenue (SW corner of Edinger Avenue and Goldenwest Street) STATEMENT OF ISSUE: ♦ Conditional Use Permit No. 01-05 request: — Permit temporary outdoor retail sales within a 40-ft. by 90-ft. tent a maximum five times a year, a maximum 10 days per event. — Permit outdoor retail sales/display along the store frontage during normal business hours, year round. ♦ Staff s Recommendation: Approve Conditional Use Permit No. 01-05 with modifications based upon the following: — General Plan goal to encourage the diversity of land uses to sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. — Complies with Huntington Beach Zoning and Subdivision Ordinance Commercial General development standards. — The potential impacts including traffic will be minimized by conditions imposed. ♦ Staff s Suggested Modifications: Conditional Use Permit 01-05 — The tent event shall be limited to a maximum four (4) times a year, a maximum ten(10) days per event. — The temporary outdoor retail sales within the tent will be enclosed on three sides to prevent items from being stored outside of the tent. a a ARM 000 PROJECT ' SITE >u., ram„ ADAM � r ' 'C.OIARmaw r AVE. aAemaoR 1 ,2j •Wma WA L ON OR ! �pp A'CR 2 U V � �+K• LENNOX OR. ¢ NYANZA OR j LLLL.LLLLJ CF ,E+• z 4URELHURST �tw.^.•L:.E:i6. �:.vLl 3 WAYME RI ' j 4 CF-R (?AR!1 ` RI' CR i Aunmx GOWN CR EOGE.MONT OR. j �ara.A pp J ALP REOGROVE•CR ?�ullEx �•CEFuxCE CR j J OAKGROVE CR. i 'CN - BMC6EMATE0. rAw ^J�Jt Elo NfEFE � R. NF-1 BON 6912 Edinger Avenue CONDITIONAL USE PERMIT NO. 01-05 THE CITY OF HUNTINGTON BEACH — The outdoor retail sales/display area adjacent to the building will be surrounded by a 42-inch high decorative fence to delineate the display area. — A five-foot pedestrian walkway will be maintained around the outdoor retail sales/display area adjacent to the building. RECOMMENDATION: Motion to: A. "Approve Conditional Use Permit No. 01-05 with findings and suggested conditions of approval (Attachment No.1)." ALTERNATIVE ACTIONN: The Planning Commission may take alternative actions such as: A. "Deny Conditional Use Permit No. 01-05 with findings for denial." (Appellant's Request) B. "Continue Conditional Use Permit No. 01-05 and direct staff accordingly." PROJECT PROPOSAL: Conditional Use Permit No. 01-05 represents a request to permit temporary outdoor retail sales and year round display and sale of merchandise within the Commercial General district pursuant to Section 230.74, Outdoor Facilities. The outdoor retail sales within the tent structure will be located within the main parking lot directly north of the Expo Design Center building. The tent structure is proposed to be white and will cover approximately 3,600 square feet of parking area(approximately 20-22 parking spaces). The tent will be used to promote special sales items including rugs and seasonal items such as barbecues and patio furniture. The year round outdoor retail sales/display adjacent to the building is proposed to cover approximately 450 square feet of sidewalk area. The area will be used to promote seasonal items including patio furniture, barbecues, and other related items. The items will be moved inside the store at night. Staff is recommending a 42-inch high barrier to surround the outdoor retail sales/display area adjacent to the building to prevent"spillage" of display items and provide a 5-foot wide pedestrian walkway. The hours of operation for both the outdoor tent structure as well as the outdoor retail sales/display area will be limited to the current business hours (Monday—Friday 8AM to 9PM, Saturday 9AM to 7PM, Sunday L OAM to 6PM). PC Staff Report—4/24/01 -2- (CUP 01-05/01 sr 14) Zoning Administrator Action: The project was heard by the Zoning Administrator on March 21, 2001 (Attachment No. 4). There was one letter against the project as well as one speaker against the project. The applicant spoke on behalf of the project and it's merits. The Zoning Administrator approved the project for the following reasons: ♦ Conditional Use Permit No. 01-05 for the establishment, maintenance and operation of the temporary outdoor sales within a 40-ft. by 90-ft. tent four times a year, 10 days per event and the storage/retail sales along the store frontage during normal business hours 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. The outdoor sales within the tent will be enclosed on three sides to prevent items from being stored outside the tent. This will also ensure that the traffic flow around the tent is not impeded by retail items. The outdoor storage adjacent to the building will be surrounded by a decorative fence to delineate the storage area and to ensure a 5-foot wide walkway is maintained at all times. ♦ The conditional use permit will be compatible with surrounding uses because outdoor storage/retail sales will be located in a manner that will not impede either pedestrian or vehicular traffic. ♦ The proposed Conditional Use Permit No. 01-05 will-comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. The project complies with all zoning requirements including parking and setbacks. ♦ The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General on the subject property. In addition, it is consistent with the following goal of the General Plan: Goal LU 7—Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. Appeal. The Zoning Administrator's approval of Conditional Use Permit No. 01-05 was appealed to the Planning Commission by Planning Commissioner Ed Kerins on March 28, 2001 (Attachment No. 5) for the reasons detailed in the appeal letter dated March 28, 2001. Some of the reasons for appeal are listed below. ♦ The project did not receive Design Review Board approval. ♦ The tent facility is the antithesis of the goals of the Edinger Corridor Study. ♦ The proposed use does not meet the general design objectives for general commercial uses as described in the Urban Design Guidelines. PC Staff Report—4/24/01 -3- (CUP 01-05/01 sr14) Code Enforcement Historp The Expo Design Center has been cited for outdoor retail sales/display without a permit in October and November of 2000. In October 2000, the Expo Design Center was issued a Notice of Violation for an outdoor tent sale. The tent was removed and they were not issued any further notices regarding the tent sale. In October and November 2000, the Expo Design Center was issued two (2)Notices of Violation as well as one (1) citation for outdoor storage adjacent to the front of the building. Since the citation they have complied with all code enforcement requests and have brought the property into compliance. There are no outstanding code enforcement issues at this time. ISSUES: Subject Pr pe!V And Surrounding Land Use,Zoning And General Plan Designations: LOCATION �'rEl�ERAL,?L SN. �ZC NIN it LAI�TD' TSE 10 Subject Property: Commercial General Commercial General Expo Design Center South and east of Residential Low Density Residential Low Density Single Family Subject Property Residences North of Subject Residential Low Residential Low Single Family Property: Density/Public Density/Commercial Residences/Church/ (Residential Low General Commercial Center Density underlying)/ Commercial Neighborhood West of Subject Residential Low Density Residential Low Density Single family Property Residences General Plan Conformance: The General Plan Land Use Map designation on the subject property is Commercial General. The proposed project is consistent with this designation and the goals and objectives of the City's General Plan as follows: a. Goal LU 7—Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. The project allows Expo Design Center to promote seasonal retail items on a temporary basis in the tent structure and a permanent basis along the building frontage to help stimulate economic viability. Zoning Compliance: This project is located in the Commercial General zone and complies with the requirements of that zone. The IIBZSO does require additional parking for temporary outdoor retail sales/display in conjunction with an existing business. PC Staff Report—4/24/01 -4- (CUP 01-05/01 sr 14) Urban Design Guidelines Conformance: The proposed project is in substantial conformance with the Urban Design Guidelines, Chapter 4: General Commercial (Attachment No. 6). Although the Urban Design Guidelines do not specifically address outdoor retail sales/display areas, staff did review the proposal to the Guidelines. Staff reviewed the location, compatibility, site entry, and other applicable sections of the Guidelines. Staff determined that the proposed tent and outdoor display area is in compliance with the Urban Design Guidelines. The tent is proposed to be white and will be enclosed on three (3) sides in order to prevent items from being stored outside of the tent area and provide an aesthetic appearance. The outdoor retail sales/storage area adjacent to the building will be surrounded by a 42-inch high decorative barrier to encourage pedestrian activity along the building frontage while ensuring that the retail items do not impede pedestrian flow. Environmental Status: The project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act(CEQA)pursuant to section 15301 of the CEQA Guidelines, because the project is a minor alteration of an existing facility. 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, Fire, Police, and Building and Safety have recommended conditions that are incorporated into the conditions of approval. Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on Thursday, April 12, 2001 and notices were sent to property owners of record and tenants within a 300 ft. radius of the subject property, individuals/organizations requesting notification, applicant, and interested parties. As of April 199 2001 no letters have been received in support/opposition of the project. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): March 1, 2001 June 1, 2001 The project was heard by the Zoning Administrator on March 21, 2001 that complies with the State of California Planning, Zoning, and Development Laws relative to mandatory processing times. PC Staff Report—4/24/01 -5- (CUP 01-05/Olsr14) ANALYSIS: The applicant is requesting outdoor retail sales for the existing Expo Design Center. The applicant's request consists of temporary outdoor retail sales and display within a tent structure five times a year, 10 days per event. The request is also to allow retail sales adjacent to the building, during normal business hours, year round. The main issues to consider when reviewing this application are compatibility and circulation, both pedestrian and vehicular. Compatibility The tent structure will be compatible with the adjacent properties because of its construction and location. The tent is proposed to be white and will be enclosed on three sides to ensure that items are not stored in the drive aisle or outside of the tent. This will allow the applicant to display retail sales items outdoors while maintaining a neat and clean tent operation. The tent will be located in the center of the main parking lot, directly north of the Expo Design Center building. The location of the tent will allow customers to shop close to the store while maintaining adequate drive aisles, access to parking, and proper circulation. The hours of operation of the tent sales will be the same as the current store hours (Monday— Friday 8AM to 9PM, Saturday 9AM to 7PM, Sunday LOAM to 6PM). In order to mitigate any potential impacts and ensure compatibility, staff has suggested several conditions of approval including: • Tent enclosed on three sides to prevent"spillage" (Condition lb) • Service roads and fire lanes shall be maintained (Condition 2a) • Hours shall be limited to current business hours (Condition 2d) • Code Enforcement shall be notified in writing 10 days prior to each tent event(Condition 2e) • Applicable Fire Department permits shall be obtained(Condition 2g) • One year review by Zoning Administrator with public hearing (Condition 3) The year round outdoor retail sales/display adjacent to the building will be compatible with the surrounding uses because of the size, location, and design of the area. The outdoor retail sales/display area will consist of approximately 450 square feet and will be located adjacent to the existing building. Staff is recommending the retail sales/display area will be surrounded by a 42-inch high barrier to prevent "spillage" of display items and maintain a 5-foot wide pedestrian walkway. Staff is recommending that a "decorative"barrier be installed which will enhance the aesthetics of the outdoor display area by creatively enclosing the retail sales/display area. The hours of operation of the tent sales will beAe same as the current store hours (Monday—Friday 8AM to 9PM, Saturday 9AM to 7PM, Sunday 1 OAM to 6PM). In order to mitigate any potential impacts and ensure compatibility, staff has suggested several conditions of approval including: • A 42-inch high barrier shall be installed around the display area(Condition la) • A minimum five (5) foot wide sidewalk be maintained to allow adequate pedestrian circulation (Condition 2b) • Hours shall be limited to current business hours (Condition 2d) • One year review by Zoning Administrator with public hearing (Condition 3) PC Staff Report—4/24/01 -6- (CUP 01-05/01 sr14) Vehicular and Pedestrian Circulation Staff has considered the vehicular traffic implications of outdoor sales within a tent structure in the parking lot at Expo Design Center. Staff has reviewed the site plan and has also looked at alternative locations for the tent structure. The proposed location will impact a minimal number of parking spaces (20—22 spaces),maintain required drive aisles, and ensure that proper circulation in and around the parking lot is provided. To ensure traffic will not be impacted from the proposed location, staff is recommending that the tent structure be enclosed on three sides to prevent sales items from being stored outside of the tent border and to ensure traffic flow will not be negatively impacted. Staff has considered the pedestrian traffic implications of outdoor retail sales adjacent to the building during normal business hours. Staff feels that the outdoor retail sales will not impact pedestrian traffic due to the conditions imposed. Staff is recommending a 42-inch high barrier surrounding the retail sales area to prevent items from being stored outside of the retail sales area and also to ensure that a minimum 5-foot wide pedestrian walkway is always maintained. Appeal The Zoning Administrator's approval of Conditional Use Permit No. 01-05 was appealed to the Planning Commission by Planning Commissioner Ed Kerins. An analysis of the appeal issues is provided. The Expo Design Center is located within the Edinger Corridor Specific Plan area and therefore is subject to Design Review Board approval. The Expo Design Center is currently located within the proposed Edinger Corridor Study Area. The study area is under review as a possible specific plan but has not been formally adopted by the City. The HBZSO requires projects located within Specific Plan areas to be reviewed by the Design Review Board (DRB). Because the project is not within an adopted specific plan,the project is not subject to DRB review. The outdoor sales tent is the antithesis of the goals contained in the Edinger Corridor Study. The proposed Edinger Corridor Specific Plan/Study outlines several goals for the project area, Some of the goals include "stimulate development interest" and"create economic development opportunities." The outdoor retail sales will accomplish both of these goals. The tent sales and outdoor retail sales/display adjacent to the building will allow the applicant to stimulate visual interest and draw potential customers into the center. The tent will be enclosed on three (3) sides to prevent items from being stored outside of the tent area in order to maintain proper circulation in the parking lot. The proposed use does not meet the general design objectives for general commercial uses contained in the Urban Design Guidelines. PC Staff Report—4/24/01 -7- (CUP 0 1-05/01 sr14) The Urban Design Guidelines do not specifically address outdoor retail sales/display areas; however, staff reviewed the location, compatibility, site entry, and other applicable sections of the Guidelines. Staff determined that the proposed tent and outdoor display area as conditioned are in compliance with the Urban Design Guidelines. The tent is proposed to be white and will be enclosed on three(3) sides in order to prevent items from being stored outside of the tent area. No signage will be permitted on the tent structure. The outdoor retail sales/display area adjacent to the building will be surrounded by a 42-inch high decorative barrier to encourage pedestrian activity along the building frontage while ensuring that the retail items do not impede pedestrian flow. The approval of the proposed use could be used as a precedent for outdoor retail sales in all commercial areas of the city and negates what the ordinance currently allows. Outdoor use regulations are specified in the City of Huntington Beach Zoning and Subdivision Ordinance Chapter 230.74. The ordinance allows outdoor storage and display with the approval of a conditional use permit by the Zoning Administrator. Although outdoor retail sales/display have been approved in the past, including the Farmers Market downtown,the City reviews every application based on it's own merits and makes recommendations on compliance with applicable ordinances. SUMMARY: Staff recommends approval of Conditional Use Permit No. 01-05 for the following reasons: - The outdoor sales within the tent will be enclosed on three sides to prevent items from being stored outside of the tent. - The outdoor retail/display area adjacent to the building will be surrounded by a decorative fence to delineate the storage area. - A minimum five-foot pedestrian walkway will be maintained around the outdoor retail/display area adjacent to the building. - The potential impacts including traffic will be minimized by conditions imposed. - The project complies with the base district and the HBZSO. - The project is consistent with the General Plan. ATTACHMENTS: 1. Suggested Findings and Conditions of Approval 2. Site Plan dated January 18, 2001 and detailed outdoor storage/retail area plan dated February 27, 2001 3. Narrative dated January 18, 2001 and updated request dated February 27, 2001 requesting the tent event five times a year. 4. Zoning Administrator Notice of Action dated March 22, 2001 5. Appeal letter to the Planning Commission dated March 28, 2001 6. Urban Design Guidelines Chapter 4: General Commercial PC Staff Report—4/24/01 -8- (CUP 01-05/01 srl4) ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONAL OF APPROVAL CONDITIONAL USE PERMIT NO. 00-37: 1. Conditional Use Permit No. 01-05 for the establishment, maintenance and operation of the temporary outdoor sales within a 40-ft. by 90-ft. tent four times a year, 10 days per event and the storage/retail sales along the store frontage during normal business hours 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. The outdoor sales within the tent will be enclosed on three sides to prevent items from being stored outside the tent. This will also ensure that the traffic flow around the tent is not impeded by retail items. The outdoor storage adjacent to the building will be surrounded by a decorative fence to delineate the storage area and to ensure a 5-foot wide walkway is maintained at all times. 2. The conditional use permit will be compatible with surrounding uses because outdoor storage/retail sales will be located in a manner that will not impede either pedestrian or vehicular traffic. 3. The proposed Conditional Use Permit No. 01-05 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. The project complies with all zoning requirements including parking and setbacks. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General on the subject property. In addition, it is consistent with the following goal of the General Plan: a. Goal LU 7—Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. This project allows Expo Design Center to promote seasonal retail items on a temporary basis in the tent structure and a permanent basis along the building frontage. SUGGESTED CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 00-37: 1. The detailed site plan received and dated February 27, 2001 and the overall site plan dated January 18, 2001 shall be the conceptually approved layout with the following modifications: a. A 42-inch high barrier shall surround the outdoor retail sales area adjacent to the building. The barrier shall be in the form of a decorative fence, which shall be approved by the Planning Department. A minimum 5-foot wide pedestrian walkway system shall be provided. b. The tent structure shall be enclosed on three (3) sides to prevent items from being stored outside the perimeter of the tent. (CUP 01-05/01sr14) Attachment No. 1.1 2. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted,marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) b. A minimum 5-foot wide clear sidewalk shall be maintained around the outdoor retail sales/display area adjacent to the building. c. There shall be no outside storage of vehicles,vehicle parts, equipment or trailers. d. Hours of operation of the temporary outdoor sales within the tent and permanent outdoor sales adjacent to the building shall be limited to the current business hours (Monday—Friday 8AM to 9PM, Saturday 9AM to 7PM, Sunday LOAM to 6PM). e. The temporary outdoor sales within the tent shall be permitted four(4) times a year, ten (10) days per event. The applicant shall notify the Code Enforcement division in writing ten(10) days prior to each event. f. Only the uses described in the narrative shall be permitted. g. The applicant shall obtain all applicable permits from the fire department prior to each tent sale. h. No signage shall be permitted on the.tent structure. i. Prior to commencement of the first tent event or outdoor retail sales/display, submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department to the Planning Department for inclusion in the entitlement file. 3. A review of the use shall be conducted by the Staff(Zoning Administrator with report with public hearing) within one (1) year of the date of final approval(April 24, 2002) to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that time the Zoning Administrator may consider modifications to the conditions of approval. 4. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 01-05 shall not become effective until the ten calendar day appeal period has elapsed. (CUP 01-05/01 sr 14) Attachment No. 1.2 2. Conditional Use Permit No. 01-05 shall become null and void unless exercised within one year of the date of final approval which is April 24, 2002, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 01-05, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces,a building permit shall be obtained from the Planning Department. 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BOX 190 CALIFORNIA 92648 (714) 536-5271 NOTICE OF ACTION March 22, 2001 PETITION DOCUMENT: CONDITIONAL USE PERMIT NO. 01-05 (EXPO DESIGN CENTER) APPLICANT: Riggs Thayer, Expo Design Center, 6912 Edinger Avenue, Huntington Beach, CA 92648 PROPERTY OWNER: Gary Thomas, M&H Partners, 353 Sacramento Street, 21"Floor, San Francisco, CA 94111 REQUEST: To permit: a)temporary outdoor sales within a 40-ft. by 90-ft. tent five times a year, 10 days per event; and b)to permit storage/retail sales along the store frontage during normal business hours: LOCATION: 6912 Edinger Avenue(southwest corner of Edinger Avenue and Goldenwest Street) PROTECT PLANNER: Sandra Thornton Dear Applicant: Your application was acted upon by the Zoning Administrator of the City of Huntington Beach on March 21, 2001, and your request was Conditionally Approved. Included in this letter are the Conditions of Approval for this application. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Zoning Administrator is final unless an appeal is filed to the Planning Commission by you or by an interested party. Said appeal must be in writing and must set forth in detail the action and grounds by which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of Two Hundred Dollars ($200.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Six Hundred Ninety Dollars($690.00) if the appeal is filed by any other parry. The appeal shall be submitted to the Secretary of the Planning Commission within ten(10) calendar days of the date of the Zoning Administrator's action. The last day for filing an appeal and paying the filing fee for the above noted application is April 2, 2001. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one(1) year after the final approval, unless actual construction has begun. Conditional Use Permit No. 01-05 Page 2 FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because it consists of minor alterations of existing facilities involving negligible expansion of use. FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 01-05: 1. Conditional Use Permit No. 01-05 for the establishment, maintenance and operation of the temporary outdoor sales within a 40-ft. by 90-ft. tent four times a year, 10 days per event and the storage/retail sales along the store frontage during normal business hours 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. The outdoor sales within the tent will be enclosed on three sides to prevent items from being stored outside the tent. This will also ensure that the traffic flow around the tent is not impeded by retail items. The outdoor storage adjacent to the building will be surrounded by a decorative fence to delineate the storage area and to ensure a 5-foot wide walkway is maintained at all times. 2. The conditional use permit will be compatible with surrounding uses because outdoor storage/retail sales will be located in a manner that will not impede either pedestrian or vehicular traffic. 3. The proposed Conditional Use Permit No. 01-05 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. The project complies with all zoning requirements including parking and setbacks. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General on the subject property. In addition, it is consistent with the following goal of the General Plan: a Goal LU 7— Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. Conditional Use Permit No. 01-05 Page 3 CONDITIONS OF APPROVAL— CONDITIONAL USE PERMIT NO. 01-05: 1. The detailed site plan received and dated February 27, 2001 and the overall site plan dated January 18, 2001 shall be the conceptually approved layout with the following modifications: a. A 42-inch high barrier shall surround the outdoor retail sales area adjacent to the building. The barrier shall be in the form of a decorative fence, which shall be approved by the Planning Department. b. The tent structure shall be enclosed on three(3) sides to prevent items from being stored outside the perimeter of the tent. 2. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) b. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. c. Hours of operation of the temporary outdoor sales within the tent and permanent outdoor sales adjacent to the building shall be limited to the current business hours (Monday—Friday 8AM to 9PM, Saturday 9AM to 7PM, Sunday LOAM to 6PK. d. The temporary outdoor sales within the tent shall be permitted four(4)times a year, ten(10) days per event. The applicant shall notify the Code Enforcement division in writing ten(10) days prior to each event. e. Only the uses described in the narrative shall be permitted. f. The applicant shall obtain all applicable permits from the fire department prior to each tent sale. 3. A review of the use shall be conducted by the Staff(Zoning Administrator with report with public hearing) within one(1) year,of the date of final approval(March 21, 2002) to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that time the Zoning Administrator may consider modifications to the conditions of approval. 4. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. � o Conditional Use Permit No. 01-05 Page 4 INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 01-05 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-05 shall become null and void unless exercised within one year of the date of final approval which is March 21, 2002, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 01-05, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 5. The development shall comply with all applicable provisions of the Municipal Code,Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 8. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. The Planning Department will perform a comprehensive plan check relating to all Municipal Code requirements upon submittal of your completed structural drawings. Please be advised that the Zoning Administrator 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 Code requirements. It is recommended that you immediately pursue completion of the Conditions of Approval and address all requirements of the Huntington Beach Municipal Code in order to expedite the processing of your total application. Conditional Use Permit No. 01-05 Page 5 I hereby certify that Conditional Use Permit No. 01-05 was Conditionally Approved by the Zoning Administrator of the City of Huntington Beach, California, on March 21, 2001, upon the foregoing conditions and citations. Very,truly yours, Mary Beth Broeren Zoning Administrator NMB:ST:rmk xc: Property Owner March 28, 2001 RECEIVED Howard Zelefsky, Director of Planning MAR 2 9 2001 City of Huntington ,Beach 2000 Main St. ':°=`iT OF PLANNING Huntington Beach CA 92648 Subj: Appeal of Conditional Use Permit No. 01-05 (EXPO Design Center) Approval This is an appeal of the Zoning Administrator's approval of the subject conditional use permit. This approval would allow outdoor tent sales for forty days a year and storage/retail sales along the store frontage. H.B. Ordinance 244.04 allows for temporary outdoor sales for forty-eight hours., every three months. The EXPO design center use was approved as a use without outside storage/retail sales. The appeal is based on the following: The application did not receive Design Review Board review as required of applications for uses in a specific plan area. EXPO Design Center is located in the Edinger Corridor Specific Plan area. The proposed 3600 sq. ft. outdoor sales tent is the antithesis of the goals contained in the Edinger Corridor Study. As an example, each of the consultant'•s alternatives calls for moving or removal of the Golden West swap meet as its unsightliness is detrimental to the goal of enhancing the positive image of the community. Yet the city approves a similar unsightly use directly across the street. The proposed use does not meet the general design objectives for general commercial uses contained in the Urban Design Guidelines. Approval of the proposed use could be used as a precedent for outdoor retail storage/sales in all commercial areas of the city and negate what the ordinance currently allows. e° - Edward Kerins Planning Commissioner Copies: Design Review Board Members Planning Commission Members 9 A-,,,.� Chapter 4: General Commercial B. General Design Obiecdves: ChapterThe design of each commercial project in Huntington Beach should: ■ Contribute towards reinforcing or establishing a General Commercial distinct architectural and environmental image for the district within which the project site is located A. Introduction ■ Consider the scale, proportion and character of Commercial developments are often located at some development in the surrounding area of the most prominent locations in a city and convey a strong visual image. The attention paid to their ■ Establish attractive, inviting, imaginative and design reflects a city's pride in itself and its functional site arrangement of buildings and economic vitality. The particular nature and location parking areas, and a high quality architectural of each development affects a project's specific and landscape design which provides for proper design solution. access, visibility and identity This chapter provides general design guidelines and ■ Facilitate and encourage pedestrian activity and concepts which are applicable to commercial mitigate existing adverse automobile oriented projects in Huntington Beach, including retail, planning patterns service, and office uses. The guidelines encourage the highest level of design quality and creativity and ■ Minimize excessive or incompatible impacts of recognize the importance of parking and circulation noise, light, traffic and visual character design to the success or failure of commercial enterprises. ■ Preserve and incorporate natural amenities unique to the site such as ocean views, mature Site-specific standards and guidelines shall take trees,etc. into the project development proposal precedence when in conflict with the following guidelines. Where site specific standards or guidelines are silent, these guidelines will serve as a ( - supplement. Er 77 � Bluff 771 Site development plans should incorporate Multi-tenant neighborhood commercial center natural amenities This type of commercial layout is encouraged ■ Preserve and incorporate structures which are distinctive because of their age, cultural significance, or unique architectural style into the project development proposal City of Huntington Beach Design Guidelines .z..�. - 4-1 A i �� J4 E I Viz . ....!._�..�: Chapter 4: General Commercial C. Site PlanninE 3. Site Entry Design 1. Grading a. Entry areas to commercial development should be enhanced by ornamental landscaping, a. Commercial developments should be sensitive to decorative paving, raised medians, gateway their natural surroundings. Grading should be structures, and monument signage. minimized by following the natural contours as much as possible. Graded slopes should be rounded and contoured to blend with the existing terrain. b. Grading should emphasize and accentuate scenic vistas and natural landforms. c. Large manufactured slopes should be avoided in favor of several smaller slopes integrated throughout the project. Smaller slopes are less obtrusive, more easily vegetated and can be used to add visual interest, preserve views and provide visual buffers where necessary. d. Significant natural vegetation should be retained b. Main entry drives should extend from the street and incorporated into the project. to the front cross aisle and should include: 2. Compatibility a median with a minimum 10-ft. wide clear landscaped area between the street and the first a. The arrangement of structures, parking and bisecting parking aisle circulation areas and open spaces should recognize the particular characteristics of the site ■ a minimum 5-ft. wide sidewalk on each side of and should relate to the surrounding built the driveway environment in pattern,function,scale,character and materials. In developed areas, new projects ■ a minimum 10-ft. wide landscaped parkway on should meet or exceed the standards of quality each side of the driveway which have been set by surrounding development. ■ a minimum 20-ft. wide decorative paving band b. Structures which are distinctive due to their age, cultural significance, or unique architectural style should be preserved and incorporated in the project development proposal. ' Q c. Residential uses should be buffered from incompatible commercial development. Intensified landscaping, increased setbacks and appropriate building orientation should be utilized as a means of providing adequate. Utilize decorative paving at project entries separation between such land uses. d. Linkages (e.g walkways, common landscape areas, building orientation) between compatible commercial and residential uses are encouraged where appropriate. 4-2 IL.A Y �^ City of Huntington Beach Design Guidelines 3dy3Y�N Chapter 4:General Commercial 4. Building Siting a. Structure siting should take into consideration , the context of the commercial area, the location of incompatible uses, the location of major traffic generators as well as the site's characteristics. b. The placement and design of structures should ' facilitate and encourage pedestrian activity and convey a visual link to the street and sidewalks. � J Building along auto-oriented commercial corridor :tj e. Site and design buildings on comer and mid- block parcels to establish a strong tie to the r, street frontage. Buildings with angled comers or plazas are encouraged at corner locations. 5 Building sited along mid-block street frontage - • iw creates strong link to street and sidewalk c. Whenever possible new structures should be clustered to create plazas and pedestrian malls and avoid the creation of"barracks-like"rows of structures. When clustering is impractical, a visual link between separate structures should be established. This link can be accomplished through the use of an arcade system, trellis, or Building with angled corners "anchors"intersection other open structure. d. Parking shall not be permitted between the building and front and exterior side property *' ` lines for a minimum 40% of the total project street frontage. Such siting in conjunction with RZZA — substantial landscape treatment, enhances the streetscape, and contributes in the screening of = parking areas. This design solution should be utilized in high pedestrian activity areas and along auto-oriented corridors with less pedestrian traffic. Plaza offers opportunity for pedestrian activities City of Huntington Beach Design Guidelines "" r,P C '"' i �- 4-3 Chapter 4:General Commercial F F F E LTT_�]an, � � =' QFORM, Q o i Q C1C� Cl C1l�Q Cl CSQCi C7Q I�G7 QQL—IQ© [�C-7 C1QQ C1[�C(I�C� C10c� Commercial development(>15 acres) Commercial development(>15 acres) This commercial layout is discouraged(*) This commercial layout is encouraged(*) ■ Lack of defined street edge discourages ■ Defined street edge creates more desirable pedestrian access. (A) pedestrian environment. (A) ■ Primary view is of parking area. (B) ■ Internal parking reduces negative impact from street. (B) ■ Linear arrangement does not encourage multiple shopping stops. (C) ■ Inward-focusing arrangement creates a"village" feeling,encourages multiple shopping stops.(C) ■ Limited opportunity to connect to adjacent office/commercial. (D) ■ Strong connection to adjacent office/commercial areas. (D) ■ Service area too expansive; underutilized, requires heavy landscape screening. (E) ■ Service areas reduced, oriented to adjacent office/commercial, less screening required. (E) • Layout eliminates any opportunity to connect to adjacent residential area. (F) ■ Service areas consolidated, internalized, and controlled for security. (F) ■ Layout encourages use by adjacent residential, eliminating need to access via collector road system (G) (*)A Concise Guide To Community Planning -Gerald A. Porterfield—Kenneth B. Hall, Jr.- Copyright 1995 by McGraw-Hill, Inc. 4-4 "` e.y"�' °; ,; City of Huntington Beach Design Guidelines Chapter 4: General Commercial RESIDENTIAI. �I RUIDENTNL Ii MINNTUL F �� Q Q A �. . bo A F Commercial development(<15 acres) Commercial development(<15 acres) This commercial layout is discouraged(*) This commercial layout is encouraged(*) ■ Multiple outparcels and freestanding shops 8 Separation of outparcels reduces confusion and compete for attention and create confusing orientation reinforces streetscape. (A) traffic patterns. (A) ■ Anchor stores' visibility remains the same, if not ■ Parking between building and street eliminates a better. (B) viable pedestrian environment. (B) ■ Buildings at intersection screen parking and r Outparcels reduce visibility of parking areas and foster public use of space. (C) storefronts. (C) ■ Parking areas separated to reduce expansiveness ■ Parking location weakens intersection visually. and provide overlap opportunities. (D) A missed opportunity for public space. (D) ■ "Main Street" with sidewalks and parallel ■ Expanse of parking and size of center discourage parking re-creates hometown feeling, reinforces pedestrian access across site. (E) neighborhood identity, and encourages pedestrian activity. (E) Expansive service area creates underutilized paved area that requires screening and security ■ Service areas consolidated, internalized, and while eliminating direct pedestrian or vehicle controlled for security. (F) access to the center. (F) ■ Access road serves both commercial and adjacent residential. (G) ■ "Village Green" as focal point/ gathering area (H) (*)A Concise Guide To Community Planning -Gerald A..Porterfield—Kenneth B. Hall, Jr.- Copyright 1995 by McGraw-Hill, Inc. .47TAL"CHA011ENT NO, City of Huntington Beach Design Guidelines 4-5 Chapter 4: General Commercial 5. Vehicular Access/Circulation/Parking f. Parking areas should be screened by buildings and landscaping. a. Site access and internal circulation should promote safety, efficiency, and convenience. Conflicts between vehicles and pedestrians ' should be avoided. Continuous circulation should be provided throughout the site to the 67 greatest extend possible. Dead-end driveways should be minimized. Adequate areas for maneuvering, stacking, truck staging, loading and emergency vehicle access should be accommodated on site. _ •.r b. The number of site access points should be minimized and located as far as possible from street intersections. The use of common or ; shared driveways is encouraged and in some - case may be required. Designs which encourage the use of streets for "internal circulation" g• Parking lots which accommodate a significant should be avoided. number of vehicles should be divided into a series of connected smaller lots. c. Driveway entry locations should be coordinated with existing or planned median openings and h. Parking lots should be separated from buildings driveways on the opposite side of the roadway. by a raised walkway (minimum 4 feet wide) and landscape strip(minimum 7 feet wide). d. Parking lots should be designed with a clear hierarchy of circulation: major access drives 6. Pedestrian Circulation with no direct access to parking spaces; major circulation drives with little or no parking; and a. Placement of primary vehicle access points to parking aisles for direct access to parking the project site in close proximity to major spaces. Loading and service areas should be building entries should be avoided in order to provided with separate access and circulation minimize pedestrian and vehicular conflicts. whenever possible. b. Clearly defined pedestrian paths should be e. Parking should not dominate street frontages, provided from parking areas to primary building entrances and sidewalks along the site's perimeter. Adverse visual impacts of parking areas along street frontages should be minimized IA j SIT NO. 4-6 City of Huntington Beach Design Guidelines Chapter 4: General Commercial c. Design parking areas so that pedestrians walk inviting and well lit. parallel to moving cars. Minimize the need for pedestrians to cross parking aisles and landscape c. Shade trees or architectural elements which islands to reach building entries. provide shelter and relief from direct sunlight should be provided within plazas and courtyards. d. Raised pathways, decorative paving, landscaping and bollards should be used to d. Landscaping, water features, and public art separate pedestrian paths from vehicular should be incorporated into plaza and courtyard circulation areas to the maximum extend design. possible. e. Courtyards should be buffered from the street, 7. Plazas and Courtyards parking areas or drive aisles. I '•'•` PLAZA • #ti �.;,•.: �:= �r �,• +�� .�.. ��.'��.emu::, Courtyard with water feature focal point Cluster buildings to create pedestrian areas S. Auxiliary Structures/Areas a. Commercial developments should incorporate a. Auxiliary structures and areas such as play areas plazas and courtyards into their design. Primary and outdoor dining areas should be integrated access to public plazas and courtyards should be within the overall site design. Play structures provided from the street. Secondary access may associated with commercial uses should be be provided from retail shops, restaurants, enclosed and integrated within the building offices and other uses within the development. design. t �9s I Integrated play-structure design b. Entries to the plazas and courtyards should be Na City of Huntington Beach Design Guidelines 4-7 Chapter 4:General Commercial 9. Loading &Delivery b. Transformers should not dominate the street scape. When transformers are required to be a. Loading and delivery service areas should be installed adjacent to the street, they should be located and designed to minimize their visibility, undergrounded. circulation conflicts and adverse noise impacts to the maximum feasible extent. 11. Refuse and Storage Areas b. Loading and delivery service areas should be a. Trash storage must be enclosed within or screened with portions of the building, adjacent to the main structure or located within architectural wing walls, freestanding walls and separate freestanding enclosures. landscape planting. b. Trash enclosures should be unobtrusive and c. Loading and delivery areas should not be located conveniently accessible for trash collection but in required setback areas. should not impede circulation during loading operations. c. Trash enclosures should be located away from residential uses to minimize nuisance to adjacent properties. d. Trash and storage enclosures should be architecturally compatible with the project design. Landscaping shall be incorporated into the design of trash enclosures to screen them and deter graffiti. R Well-concealed loading and delivery areas 10. Utility and Mechanical Equipment i a. Utility and mechanical equipment (e.g. electric and gas meters, electrical panels, transformers and junction boxes) should be screened from r- view. All screening devices should be compatible with the architecture, materials and colors of adjacent structures. Trash enclosure screened with landscaping e. Cart storage should be integrated within the :.... . : initial building and site design. Large freestanding enclosures or unscreened "cart corrals" are generally considered unacceptable. e'wau x FREESTANDING TRANSFORMER CEO DO THIS DON'T DO THIS [perT��kA 01," . d u l �J 1 ��b bus . J�-%S 4.8 City of Huntington Beach Design Guidelines Chapter 4:General Commercial 12. Walls and Fences b. The design of the light fixtures and their a. Wall/ fence design should complement the structural support should be architecturally project's architecture. Landscaping should be compatible with the theme of the development. used to soften the appearance of wall surfaces. b. Walls should be offset every 50 ft. Landscape pockets. along the wall should be provided at regular intervals. c. Solid walls with pilasters, decorative caps and offsets are recommended for screening purposes. ►.` Low solid wall segments with integrated landscaped planters are encouraged for open space areas. d. Walls and fences within front and exterior side yards of commercial sites should be avoided. Decorative light fixtures are encouraged 13. Paving c. Pedestrian scale/decorative light fixtures are a. Decorative paving should be incorporated into encouraged. "High mast"poles are discouraged. parking lot design, driveway entries, pedestrian walkways and crosswalks. 15. Other Site Amenities a. Site amenities within a commercial setting should be coordinated in terms of color, a, fi materials and design in order to convey a 1 cohesive project appearance and distinctive i character. Site Furniture a. Seating should be included in plaza and courtyard design.Where possible, seating should be provided in active and passive areas. Paving should compliment the project theme b. Paving materials should complement the g architectural design. The use of stamped concrete, stone, brick, pavers, exposed aggregate, or colored concrete is encouraged. 14. Lighting a. The type and location of parking area and _ building lighting should preclude direct glare onto adjoining property, streets, or skyward. Lighting systems should be designed for two Seating should be provided within courtyards operating levels; a higher intensity lighting level for business operating hours and a reduced ,,��, ,,� intensity level for non-operating hours. , • H1f+�"N N0 City of Huntington Beach Design Guidelines 4-9 Chapter 4:General Commercial Pots and Planters t a. Planters and pots should not obstruct pedestrian traffic flow. Consider placing pots in building recesses, at locations where access is discouraged and adjacent to blank walls to provide visual interest and color accents. b. Group similar sized planters in clusters to enrich c 7 - streetscapes and plazas. - - c. Planter materials should compliment the project architecture. Use of cast stone and masonry is Seating should be visually attractive encouraged. Tree Grates/Guards Z a. Tree grates should be provided along street edges and plazas where a continuous walking surface is needed. Grates should be a minimum of four feet in diameter. Knockouts must be provided to enlarge the inside diameter to support a larger tree trunk as the tree grows. b. Tree guards should be provided to protect trees in high activity areas. Tree guard design should be compatible with other site furnishings. Tree guards should be attached to the tree grate, clustered pots can enhance the streetscape welds should not be visible. l lit x Planters should not obstruct pedestrian traffic flow — Bollards a. Bollard design should be consistent with the overall project theme and should coordinate with other site furnishings. Decorative tree guard and grate 440 City of Huntington Beach Design Guidelines Chapter 4:General Commercial Kiosks,Bulletin Boards,Directories a. Kiosks, bulletin boards and directories should be provided near vehicular and pedestrian entrances to multi-tenant commercial developments. hJ' .'c DIRECTORY - f b. In locations where emergency access may be necessary, removable bollards should be "�" considered. Trash Receptacles a. Trash receptacle design should coordinate with other streetscape furnishings. "Directory Sign" Bicycle Racks b. Directory and bulletin board siting should a. Bicycle rack design should be consistent with maximize their visibility while minimizing the other streetscape furnishings. Use of "loop potential for creating a traffic hazard. racks" and"ribbon bars" are encouraged. c. Kiosk design should be consistent with the architectural theme of the development and other site furnishings. Bus Shelters a. Bus shelters should be compatible with ,. streetscape furniture and the architectural style -+� of adjacent buildings. .. t; "Bicycle.Rack" Newspaper Racks a. Newspaper racks should be consolidated. Newspaper rack locations should not inhibit pedestrian flow. b. Newspaper rack design should incorporate masonry and/or metal elements that compliment b. Bus shelters should be designed to provide other streetscape furnishings. unobstructed visibility into the shelter. City of Huntington Beach Design Guidelines 4-11 Chapter 4: General Commercial D. Architectural Guidelines 1. Architectural Imagery a. No particular architectural "style"is required for commercial structures. High quality, innovative and imaginative architecture is encouraged. b. The use of standardized "corporate" architectural styles associated with franchises is discouraged. Site specific design solutions are encouraged. c. The selected architectural style/ design should Harmonious building details are encouraged consider compatibility with surrounding character, including harmonious building style, 2. Building Facade and Roof Articulation form, size, color, materials and roofline. In developed areas infill projects should meet or a. Buildings should be divided in distinct massing exceed the standards of quality which have been elements. Building facades should be articulated set by surrounding development. with architectural elements and details. Vertical and horizontal offsets should be provided to minimize building bulk. b. Variable building facades along linear street frontages are encouraged. F4� Harmonious building proportions, colors and �mr materials are encouraged i d. The designer is expected to employ variations in form, building details and siting in order to create visual interest. In all cases the selected Variable facades create interesting streetscene architectural style should be employed on all building elevations. c. Arcades trellises and other open structures should be utilized to visually and physically link For district-specific guidelines, refer to Chapter 11. buildings and provide connections to adjacent sidewalks. d. The siting and design of "anchor buildings",for major tenants should balance rather to overwhelm minor tenant structures. e. Building entries should be readily identifiable. Use recess projections, columns+ sand other 4-12 City of Huntington Beach Design Guidelines Chapter 4: General Commercial distinctive materials and colors to articulate 3. Fenestration entries. a. The size and location of doors and windows should relate to the scale and proportions of the building elevation on which they are located. IRW L� f Building entries should be readily identifiable f. All wall surfaces visible to the public should be architecturally enhanced. g. Nearly vertical, mansard or pitched roofs should Fenestration should relate to the building elevation be avoided. in terms of size and design h. Vertical architectural elements such as towers 4. Building Materials and Colors should be used as focal points. a. Corporate franchise tenant buildings should i. Stairways should be designed as an integral part utilize colors and materials which are of the building architecture. Boldly-projecting complementary to the overall design theme and stairways that complement the architectural consistent with the colors/ materials palette for massing and form of commercial buildings are the commercial development. encouraged 4 j. Gutters and downspouts should be concealed, A unless designed as a decorative architectural �.. feature. a k. All mechanical equipment should be screened -'—�� - <3 from view of public streets, neighboring properties, and nearby higher buildings. u r- Horizonal wood trellis - Vented screen . Franchise tenant building colors and materials wall / .. file roof J EAUlP. ....a� should be consistent with overall design Flat root b. Exposed gutters should be colored to match u.�4Yc.+a.v:Y..•..Sn..: �.'�4:aa: wa.�,',�: fascia or wall materials. Exposed downspouts should be colored to match the surface to which Rooftop mechanical equipment screening they are attached. ENT N u.. City of Huntington Beach Design Guidelines 4-13 Chapter 4:General Commercial E. Landscaping Guidelines large shrubs and fire hydrants, fire department sprinklers, standpipe connections 1. Standard Guidelines e. Trees or large shrubs should not be planted a. Landscaping should enhance the quality of under overhead lines or over underground commercial developments by framing and utilities if their growth will interfere with the softening the appearance of structures, defining installation or maintenance of these utilities, site functions, screening undesirable views and f. Landscaping materials should be spaced so that buffering incompatible uses. they do not interfere with the lighting of the b. Landscaped areas should generally incorporate premises or restrict access to emergencyapparatus such as fire hydrants or fire alarms planting utilizing a three tiered system: 1) grasses and ground covers, 2) shrubs and vines, boxes. and 3) trees. All areas not covered by structures, g. Existing healthy mature trees should be service yards, walkways, driveways,and parking preserved and incorporated into the overall spaces should be landscaped, in accordance with landscaping plan. City Ordinance requirements. c. The following design concepts should be y utilized in all project design: ` r R� ■ Specimen trees (36-inch box or more) in informal groupings or rows at major focal points ■ Use of flowering vines both on walls and arbors or trellises y - r�. . • Use of planting to create shadow and patterns against walls k ■ Use of planting to soften building lines and emphasize the positive features of the site Existing mature trees should be incorporated into landscape plans ■ Trees to create canopy and shade, especially in parking areas and passive open space areas h. Gravel or astroturf is not permitted as a substitute for planting materials. ■ Berms, plantings, and walls to screen parking lots, trash enclosures, storage areas, utility i. Use of vines and climbing plants on buildings, boxes, etc. trellises, and privately owned perimeter walls is encouraged. d. Trees generally should be placed as follows: j. Landscaping should be in scale with adjacent ■ A minimum of 8 ft. between center of trees and buildings and be of appropriate size at maturity edge of driveway, 6 ft. from water meter or gas to accomplish its intended goals. meter and sewer laterals ■ A minimum of 25-ft. between center of trees k. Landscaping should be protected from vehicular and point of intersection of the edge of and pedestrian encroachment by raised planting driveways and streets or walkways surfaces. Concrete step-off areas should be provided in landscape planters adjacent to ■ A minimum of 15-ft. between center of trees or parking spaces. large shrubs to utility poles/street lights ■ A minimum of 8-ft. between center of trees or 7 , air ENT 0 4-14 City of Huntington Beach Design Guidelines Chapter 4: General Commercial 1. Landscaping around the entire base of buildings c. Parking areas for more than 250 parking spaces is encouraged to soften the edge between should provide landscaping islands with parking lot and the structure. minimum 500 sq. ft. of plantable area and 7-ft. wide clear plantable width at the end of parking rows. These landscaping areas should be s planted with shade trees, low shrubs and ,t�, groundcover and should be protected by a 6-inch high curb on all sides and a 12-inch wide concrete step-off area adjacent to parking spaces. d. Parking areas for more than 250 parking spaces should provide interior planting islands with minimum 135 sq. ft. of plantable area every 10 parking spaces. These landscaping areas should be planted with shade trees, low shrubs and groundcover and should be protected by a 6-inch high curb on all sides and a 12-inch wide Landscaping along building edges is encouraged concrete step-off area adjacent to parking spaces. 2. Parking Lot Landscaping e. All parking lot street frontages for lots with a. Parking lot landscaping should accent more than 250 parking spaces should be driveways, frame the major circulation aisles, screened by landscaping. Screening materials and highlight pedestrian pathways. should provide a clear line of sight between 32 inches and 5 ft. above grade.Parking lot b. Parking areas for more than 250 parking spaces landscape screening should be implemented by should provide continuous landscape planting utilizing one or a combination of the following: strips between every row of parking and should be planted with shade trees low shrubs and ■ a maximum 32-inch high evergreen hedge, to groundcover at a minimum distance of 35-ft on create a solid hedge center. These landscaping areas should provide a minimum of 7-ft. clear plantable width and shall a a maximum 32-inch high earth berm with a be protected by a 6-inch high curb and a 12-inch slope no greater than 3.5:1 wide concrete or comparable hardscape material mow strip on both sides. ■ non-deciduous (evergreen) trees planted at a distance of 35 ft. on center. Trees should be a Accent trees Canopy shade trees minimum 36-inch box container size, or as dellnecte aisles located throughout recommended by conditions of approval. parking lot !ow hedge or' screen wall landscape ; butter Accent trees and enhanced $'Mln.Inside dimension paving donne enhy 1441 1 Property line/Wall with vines Provide planting strips and landscape islands i.7,3 A",U 41%N1 N. , � City of Huntington Beach Design Guidelines 4-15 Chapter 4:General Commercial x c. Sprinkler heads and risers should be protected from car bumpers. "Pop-up" heads should be •i used near curbs and sidewalks. d. The landscape irrigation system should be designed to prevent run-off and overspray. e. All irrigation systems should be designed to reduce vandalism by placing controls in appropriate enclosures. Appropriate parking lot perimeter landscape screening 3. Slope Revegetation and Erosion Control a. All slopes to be constructed at a gradient steeper than 6:1 horizontal to vertical and with a vertical height of three feet or greater, shall be revegetated within 30 days of completion of grading. b. All slopes should be covered with herbaceous or prostrate shrubby ground covers. c. All plant materials should be appropriate to the site conditions, water conserving and appropriately spaced to control soil erosion. d. Trees, shrubs, and ground covers should be planted in undulating massings and groupings to reduce the constricted character of manufactured slopes. e. Revegetation on permanent slopes should include permanent irrigation systems. 4. Plant Maintenance and Irrigation a. All young trees should be securely staked with double staking and/or guy-wires. Root barriers shall be required for any tree placed in paved or other locations where roots could damage adjacent paving/curb surfaces. b. Automatic sprinkler controllers should be installed to ensure that landscaped areas will be watered properly. Backflow preventors and anti- siphon valves should be provided in accordance with current codes. r--,• a •a �. ' " '�'"q� t#'� • 4-16 City of Huntington Beach Design Guidelines Chapter 4: General Commercial F. Public Safety Through Design c. Safety behind buildings should be ensured through: 1) adequate security lighting for a. Electronic surveillance and security hardware parking areas and pedestrian ways; 2) limited should be as invisible and unobtrusive as access (walls, fences, gates, shrubs); 3) signage; possible. If security grilles are necessary, they 4) introduction of activities (e.g., rear entrances should be architecturally integrated within the for commercial activities) that increase overall building design theme. The use of surveillance; 5) surveillance through windows or scissor grilles is strongly discouraged. with cameras; and 6) ongoing maintenance of storage areas and alleys. r d. Storefront lighting should complement the architectural style of the building while providing illumination of building facades and Y entrances. e. Lighting should be sufficient for sidewalk and street illumination. Pedestrian scale lighting ` � =E fixtures that provide good levels of lighting are y encouraged. f. Window signage should be installed in a manner } , that provides clear and unobstructed view of the interior of the business establishment from the sidewalk. 4 g. Building address numbers shall be visible from the public right-of-way. Appropriate Security Hardware b. Lighting should be designed to satisfy functional and decorative needs. Security lighting should be designed as part of an overall lighting plan rather than as single stand-alone s elements. y Building numbers should be clearly visible h. Landscaping should be planted and maintained to allow visibility and eliminate areas of potential criminal activity. i. Delineate the separation between public and private spaces with paving, building materials, grade separations or with physical barriers such Lighting fixtures should be aesthetically pleasing as landscaping. „a >d„^M1s04 aiS ail ■ 1 e City of Huntington Beach Design Guidelines 4-17 IVAR �' i A. 2091 Zoning Administrator City of Huntington Beach 2000 Main Street Huntington Beach, Ca 92648 Regarding: Conditional Use Permit No. 01-05 (Expo Design Center) Dear Sir or Madam: My residence borders the Expo Design Center parking area and I very much oppose their request for an outdoor sales permit. Those of us with homes that border the Expo property endured several years of noise and air pollution caused by traffic created by the Home Depot and would not appreciate a reoccurrence of that for fifty(50) days of the year. Outside tents do draw additional traffic into the area and will cause even more congestion at Goldenwest and Edinger streets. The weekend Swap meets at Goldenwest College already create excessive traffic at this intersection and more traffic is not acceptable. In regard to the outside storage in front of the Expo Center, I have no personal objection to this issue. I would think however,that the City of Huntington Beach would. The Expo Center made a major improvement over the Home Depot by cleaning up the appearance of their store and this should be a concern of the City that it doesn't go back to what it was before. North Huntington Beach already has an image problem due to store vacancies, unsightly swap meets, etc. Lets not add to the problem. So far the Expo Design Center has been a good neighbor,I hope this continues. Thank you for your consideration of the small home owner in your city. Sincerely, em H. Hart and Family 1b112 rftkfJan Ukal. Loa & Lo Teo n ITEM 3: CONDITIONAL USE PERMIT NO. 01-05 (EXPO DESIGN CENTER) APPLICANT: Riggs Thayer, Expo Design Center, 6912 Edinger Avenue, Huntington Beach, CA 92648 PROPERTY OWNER: Gary Thomas, M&H Partners, 353 Sacramento Street,21"Floor, San Francisco, CA 94111 REQUEST: To permit: a) temporary outdoor sales within a 40-ft. by 90-ft. tent five times a year, 10 days per event; and b) to permit storage/retail sales along the store frontage during normal business hours. LOCATION: 6912 Edinger Avenue (southwest corner of Edinger Avenue and Goldenwest Street) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff stated that the suggested conditions of approval reflect that the event take place four times a year in lieu of the requested five times a year. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. One letter was received from a neighboring business owner opposing the hours of the event. Mary Beth Broeren, Zoning Administrator, stated that she received a letter from Vern H.Hart and family whose property borders the parking area. The letter opposed the proposed project and stated that the event will draw additional traffic thereby causing congestion. THE PUBLIC HEARING WAS OPENED. Jim Stewart, 6882 Edinger, neighboring business owner, expressed concern that the event would cause traffic congestion as well as interruption of the regular businesses. Mr. Stewart stated that five events would be excessive and inquired into the process for a Temporary Activity Permit. Riggs Thayer, 6912 Edinger Avenue, applicant, stated that he has read and agrees to the conditions of approval including Condition No. 2.b, which limits the event to four times a year. Mr. Thayer questioned the nature of the 42-inch high barrier as outlined in Condition No. La. Staff explained the desirability for a barrier that would be permanent in appearance but temporary in nature. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she has been to the proposed site on several occasions and has observed that parking is an on-going problem. Ms. Broeren asked stag to add a condition as follows: A review of the use shall be conducted by the Staff(Zoning Administrator with report with public hearing) within one(1) year of the date of final approval (March 21, 2002) to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that time the Zoning Administrator may consider modifications to the conditions of approval. --�-- l.�'YIvY12CL1 17 A nj/17 1/n l 5 (01=0321) w CONDITIONAL USE PERMIT NO. 01-05 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WIT`E1IlY TEN(10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act(CEQA) pursuant to section 15301 of the CEQA Guidelines, because it consists of minor alterations of existing facilities involving negligible expansion of use. FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 01-05: 1. Conditional Use Permit No. 0 1-0 5 for the establishment, maintenance and operation of the temporary outdoor sales within a 40-ft. by 90-ft. tent four times a year, 10 days per event and the storage/retail sales along the store frontage during normal business hours 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. The outdoor sales within the tent will be enclosed on three sides to prevent items from.being stored outside the tent. This will also ensure that the traffic flow around the tent is not impeded by retail items. The outdoor storage adjacent to the building will be surrounded by a decorative fence to delineate the storage area and to ensure a 5-foot wide walkway is maintained at all times. 2. The conditional use permit will be compatible with surrounding uses because outdoor storage/retail sales will be located in a manner that will not impede either pedestrian or vehicular traffic. 3. The proposed Conditional Use Permit No. 01-05 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. The project complies with all zoning requirements including parking and setbacks. 4. The granting of the conditional use permit will not adversely affect the General Plan: It is consistent with the Land Use Element designation of Commercial General on the subject property. In addition, it is consistent with the following goal of the General Plan: a. Goal LU 7— Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. i111/nt 6 (01=0321) CONDITIONS OF APPROVAL— CONDITIONAL USE PERMIT NO. 01-05: 1. The detailed site plan received and dated February 27, 2001 and the overall site plan dated January 18, 2001 shall be the conceptually approved layout with the following modifications: a. A 42-inch high barrier shall surround the outdoor retail sales area adjacent to the building. The barrier shall be in the form of a decorative fence, which shall be approved by the Planning Department. b. The tent structure shall be enclosed on three(3) sides to prevent items from being stored outside the perimeter of the tent. 2. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) b. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. c. Hours of operation of the temporary outdoor sales within the tent and permanent outdoor sales adjacent to the building shall be limited to the current business hours(Monday—Friday SAM to 9PM, Saturday 9AM to 7PM, Sunday LOAM to 6PM). d. The temporary outdoor sales within the tent shall be permitted four (4) times a year, ten (10) days per event. The applicant shall notify the Code Enforcement division in writing ten(10) days prior to each event. e. Only the uses described in the narrative shall be permitted. £ The applicant shall obtain all applicable permits from the fire department prior to each tent sale. 3. A review of the use shall be conducted by the Staff(Zoning Administrator with report with public hearing) within one (1)year of the date of final approval (March 21, 2002)to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that.time the Zoning Administrator may consider modifications to the conditions of approval. 4. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. rI A nj/?1/n 1 7 (O1zmO321) INFORMATION ON SPECIFIC CODE RE UMMENTS- 1. Conditional Use Permit No. 01-05 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-05 shall become null and void unless exercised within one year of the date of final approval which is March 21, 2002, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. • 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 01-05, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the Coun of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 8. . All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. THE MEETING WAS ADJOURNED AT 1:50 PM BY TEE ZONING ADM NISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINNTRATOR ON WEDNESDAY,MARCH 28, 2001 AT 1:30 PM. Mary Beth�Broeren Zoning Administrator :rmk ZA Minutes 03/21/01 8 (01=0321) RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: APPEAL OF CUP 01-05 (EXPO DESIGN CENTER) COUNCIL MEETING DATE: June 18, 2001 3 3 _ I33 3 3 3l III 3 � ,� UURI RCA T ATTAHIN31S A �' , ... 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 Not Applicable 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 Attomey) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING AT7AC"HMENTS''' r ..,. REVIEWED a RETURNED F'O'RINARDED . ._� .a �� .. _.3., u._�._ .�... ,r.:.. .. �,_$t ,.,� ».. Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( v? ) City Clerk ( ) EX LAAIFATI ,N FOR RETUFkN CQMIVI' (Below • . For • RCA Author: HZ:SH:ST:rl Y Appealof -� Conditional Permi -05 z EXPO DESIGN CENTER 6912 Edinger Ave 07, -Z d r,Ial.n��1 tAnH 6/18/01 �� A t� Project Proposal • Permit year round outdoor display/ retail sales of select merchandise along the front of the store during normal business hours • Permit outdoor sales within a 40-foot by 90-foot tent a maximum of five (5) times a year 6/18/O1 , -,, Project ■ SW corner of s Edinger Avenue / Goldenwest y l Street General Plan subarea BA (Community Commercial) 6/18/01 Planning Commission IF Action ■ April 2001, Planning Commission approved the project with conditions: . No outdoor retail sales permitted . Tent design must be approved by DRB . 3 years from approval (April 24, 2004) the CUP for tent sales will expire 6/18/O1 Y A p peal ■ May 2001, - Appeal was filed by the Applicant., Riggs Thayer . Cited reasons for appeal : . Conditions are not conducive to their business operation: . Prohibit outdoor retail sales . Tent should be reviewed by the Design Review Board . CUP will expire in three years 6/18/O1 Proposed Project Analysis ■ Outdoor sales: 42-inch high decorative barrier . Minimum 5-foot wide sidewalk . Limited to current business hours . Cart storage plan for review . One year review by ZA 6/18/O1 P ro posed P roj ect nalysis ■ Tent event: . Tent enclosed on three sides Service roads and fire lanes -p maintained R 4 Limited to current business � 6 hours • Code Enforcement notification required • Fire Department permits shall be obtained • One year review by ZA • Minimal number of parking spaces lost (20-22) on a temporary basis 6/18/01 y Recommendations ■ Approve CUP No. 01-05 with modified conditions as approved by PC on April 24, 2001 (Planning Commission recommendation) ■ Approve CUP No. 01-05 with findings and suggested conditions of approval without Planning Commission recommended conditions (Staff recommendation) 6/18/01 , 6/18/01 Farmers Market { 6/18/01 Farmers Market 5/ie/oi l; y a rch ard S 3' oolpg�, ik ' ✓ � A 7", rrwo0', x y oft"i � 3 t 3 . Y off{ 6/18/01 0 rchard S ME:: gA iAM r , � '' "•' 6/18/01 rh Flk MEETING DATE: June 18, 2001 DEPARTMENT SUBJECT: REQUESTING: Planning Expo Design Center-Ajwpa-CUP 01-05 TODAY'S DATE May 29, 2001 VERIFIED BY ADMININSTRATION: APPROVED BY: Ray Silver City Administrator 5/29/01 4:59 PM NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, June 18, 2001, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 01-05 (EXPO DESIGN CENTER) Applicant/Appellant: Riggs Thayer, Expo Design Center Request: To permit temporary outdoor sales within a 40-foot by 90-foot tent a maximum of five (5) times a year, a maximum of 10 days per event. In addition, to permit the year round outdoor display/retail sales of select merchandise along the front of the store during normal business hours. Location: 6912 Edinger (southwest corner of Edinger and Goldenwest) Project Planner: Sandra Thornton NOTICE IS HEREBY GIVEN that Item #1 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 Friday, June 15, 2001. 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 Department at 536-5271 and refer to the above items. 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 (g:1ega1s:01cc0618) i . • , 1 CITY COUNCILIREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: 01'` t 1 -OOOS DEP ZM1rTT: I MEETING DATE: 1 �_fei.er's CO ACT: Sa rKarMbA PHONE:_ 14 • 15' N/A )MS NO ( ) ( ) Is the notice attached? { ) ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) ( ) Are the date,day and time of the public bearing correct? ( ) ( ) If an appeal,is the appelanes name included in the notice? i I ( ) ( ) 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? ( ) O k%<' Is a larger ad required? Size ( ) ( ) 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? If Coastal Development Permit,is the Coastal Commission part of the mailing labels? t ( ) ( ) If Coastal Development Permit,are the resident labels attached? ( ) { ) Is the Report 33433 attached? (Economic Development Dept,items only) Pleas complete the following. _ 1. Minimum days from publication to hearing date E b 2. Number of tunes to be published l 3. Number of days between publications i 21 t s PUBLIC HEARING NOTIFICATION CHECKLIST"B" MAILING LABELS-F--b.[U y IZVV1 3� �/ G:Labels\Labels\Public Hearing President 1 Huntington 10 FA. �� H.B. Chamber of Commerce P.O.Bo- Jo es 2100 Main Street,Suite 200 Sunse ,CA 90742 194 e Huntington Beach,CA 92648 n Beach,CA 92648 2 William D.Holman 11 Su son 16 Orange County Assoc.of Realtors PLC 19 Quiet Bay Lane 25552 La Paz Road 19 Corporate Plaza Drive H gton Beach,CA 92648 Laguna Hills,CA 92653 Newport Beach CA 92660-7912 President 3 Mr.Torn Zanic 12 Edna Littlebury 17 Amigos De New Urban West Gldn St.Mob.Hm.Owners Leag. 1653 ca Street,Suite 312 520 Broadway Ste.100 11021 Magnolia Blvd n Beach,CA 92649 Santa Monica,CA 90401 Garden Grove,CA 92642 i osetBenach,CA unity Assoc. 4 Pres.,H.B.Hist Society 13 Pacific ast Archaeological 18 C/O Newland House Museum Socie C. 19820 Beach Blvd P.O.B 0926 0742-0215 Huntington Beach,CA 92648 Costa a,CA 92627 Attn:J Gothold President 5 Community Services Dept. 14 County Orange/EMA 19 Huntington Beach Tomorrow Chairperson Mich .Ruane,Dir. PO Box 865 Historical Resources Bd. P.O.B 048 Huntington Beach,CA 92648 Santa CA 92702-4048 Julie Vand�"m 6 Counc' Aging 15 County range/EMA 19 BIA-O 1706 ge Ave. Thom thews 9 00 Hun' Beach,CA 92648 P. O.B 048 Ca 92714-6734 Santa CA 92702-4048 Richard 7 Jeff Me 16 Plannin epartment 19 S Seacliff A Orange unty EMA st 7th!CA 2th Floor 19391 Harbor Circle P. O. 48 s Angeles, 90017 Huntin Beach,CA 92648 Santa CA 92702-4048 i E.T.I. Corral 8 John Ro 16 Coun Orange/EMA 19 Mary B Seacliff A Tim r 2 ood Cir. 19382 S ale Lane P.O. 4048 gton Beach,CA 92646 Huntin Beach,CA 92648 Santa CA 92702-4048 Frank Caponi 9 Lou M e 16 Pi Dir. 20 Environmental Board Chairman Seacliff A City o osta Mesa 6662 Glen Drive 19821 Bluff Circle P. O. 1200 Huntington Beach,CA 92647 Huntin Beach CA 92648 Costa CA 92628-1200 CJ-S- PUBLIC HEARING NOTIFICATION CHECKLIST"B" MAILING LABELS-February 2-,20 }- G:Labels\Label`s\Public Hearing Pi 21 Dr.Duan 'shno 29 Coun iew Estates HOA 37 City o tain Valley HB City entary School Dist Carrie mas 10200 r Ave. 20451 C er Lane 6642 er Drive Foun alley,CA 92708 Huntingt Beach,CA 92648 Hun ' n Beach CA 92648 Pi ector 22 Jerry Buc an 29 Co ua iew Estates HOA 37 City o estminster HB City entary School Dist Gerald apman 8200 tminster Blvd. 20451 C er Lane 6742 S Circle .Wes ter,CA 92683 Huntingto each,CA 92648 Huntm Beach CA 92648 Pl ector 23 James Jon 30 HB tons HOA 37 City o al Beach Ocean Vie Elementary Keys to acific Prop.Mangmt Inc. 211 St School Di ct 16845 Karman Avenue,Suite 200 Seal B ,CA 90740 17200 Pin t Lane Irvine, 92606 Huntingto each CA 92647 I Califo Coastal Commission 24 Barbara 31 Sally am 38 Theres eery Westmins School District Mead Area South t Area Office 14121 Ce ood Avenue 5161 ding Circle 2000 gate,loth Floor Westmins CA 92683 Hun n Beach,CA 92649 Long B CA 92802-4302 Califo oastal Commission 24 Patricia 32 Chery rowning 38 South t Area Office HB Uni gh School Disrict Mead ark Area 200 Oc te,loth Floor 10251 Y town Avenue 16771 osevelt Lane Long B ,CA 928024302 Huntin Beach,CA 92646 Hun ' n Beach,CA 92649 Robert ph 25 CSA 33 He a Homes 39 Caltrans strict 12 730 El o Way#200 6 Ex e E 've Circle,Suite 250 3337 Mi lson Drive,Suite 380 Tustin, 92680 Irvin 92614 Irvine, 2612-1699 Director 26 Golden College 34 Bolsa ca Land Trust 40 Local So aste Enf Agy. Attn:F ens Nan c ;onovan O.C.He Care Agency 15744 nwest St 4831 Patos P.O.Box Huntin Beach CA 92647 Hun ' n Beach,CA 92649 Santa An 92702 New Gro Coordinator 27 OC Co Harbors,Beach 35 Bolsa 'ca Land Trust 40 Huntingto ach Post Office and P ept Evan ,President 6771 Wam ve. P. O.B 48 1812 Tiffin Place Huntingto ach,CA 92647 Santa 92702-4048 Newp Beach,CA 92660 Marc Ecke 28 Hun 'n Beach Mall 36 John 41 Fountain Elementary School Dist j Attn:Pa gers-Laude SE 17210 Oak et 7777 E r Ave.#300 22032 istrano Lane Fountain V y CA 92708 Huntington Beach CA 92647 Hun ' Beach,CA 92646-8309 aolsa Chica d Trust 40 5901 Warner n. , #103 Huntington B ch CA 92549-4659 PUBLIC HEARING NOTIFICATION CHECKLIST"B" MAILING LABELS G:Labels\Labels\Public Hearing OC Sanita n District 41 Ed kford,President 41 John y 41 10844 Elli venue AES tington Beach,LLC 2210 ockport Lane Fountain ey CA 92708 2173 ewland Street Hun gton Beach CA 92646 Hun on Beach CA 92646 Richard Lo 41 HB tal Communities Assoc. 42 Do wn Business Association 43 9062 Kahul Drive Davi 'do Mr. S ve Daniels Huntington each CA 92646 143 E ats Avenue 200 Street#106 Oran A 92865 Hun ' n Beach,CA 92648 Downtown sidents Association 44 Cha4 45 Juan Band of Mission Indians 46 Ms.Marie St ermain Gabriel /Tongva Tribal Council Acjac en Nation 505 Alabama PO Bo 3 31411 Matanza Street Huntington ach,CA 92648 San 1,CA 91778 San J i Capistrano,CA 92675-2625 I AYSO Regio 117 47 AYSO 'on 143 47 AYS gion 55 47 John Almanz Comnmi ner Jorggi Delany David with 9468 Cormor t Cr 5052 S' Dr 16452 oodstock Ln Fountain Vall ,CA 92708 Huntin Beach,CA 92649 Hun ' on Beach,CA 92647 AYSO Regio 56 47 Foun alley Youth Baseball* 47 HB Fi d Hockey* 47 Commission Cliff Anderson Bret Mani? Padhiar 9832 Kings you 10222 a Dr. 17782 etzler Dr. Huntington ach,Ca 92646 Huntin Beach,CA 92646 Hun' on Beach,CA 92647' Huntington ach Girls Softball* 47 H.B.Jr. American Football** 47 HB Po Warner Football** 47 Paul Fuzz ar Joe L Steven I erman 17181 Gree of 16691 T till Ln#3 P.O.B 5066 Huntington ach,CA 92649 Hunting each,CA 92647 Huntin ° n Beach,CA 92615 Huntington alley Little League 47 Huntin each Soccer League* 47 North tington Beach Soccer Club* Renee A er Felipe Za Presid George Milton 47 209 Hartfor P.O.Box 18601 land St#94 Huntington each,CA 92648 a Huntin gto each,CA 92648 Huntin Beach,CA 92646 North BB ccer Club 47 Ocean V the League 47 Robin Little League 47 D-Wana H es Rick Fras Steve anec 20471 Allp 22162 L Cr 6692 ax Dr Huntington each,CA 92646 Huntingto each,CA 92646 Hun ' n Beach,CA 92647 I South Coast ccer Club** 47 South HB s Softball** 47 Wolfe Soccer Club 47 President B Bricks Marie Ens Pzesid Cory Hardin 9961 Kings you Rd. P.O.Box 9863 es River Cr. Huntington ch,CA 92646 Huntiagto ch,CA 92646 Fours Valley,CA 92708 YMCA*—J.1v rgan/F.Tonarely-Stretch 47 -YWCA So James Morgan 47 7777 Edinger e#210 7777 Edin ve#210 Huntington Be CA 92647 Huntington Beach,CA 92647 C up h/-vim Smooth Feed SheetsTM Use template for 51600 Tenant Tenant Tenant 7012 Edinger Ave. 7148 Edinger Ave. 7092 Edinger Ave. Huntington Beach,CA 92649 Huntington Beach,CA 92649 Huntington Beach,CA 92649 Tenant Tenant Tenant 7094 Edinger Ave. 7098 Edinger Ave. 7102 Edinger Ave. Huntington Beach,CA 92649 Huntington Beach,CA 92649 Huntington Beach,CA 92649 Tenant Tenant Tenant 7112 Edinger Ave. 7106 Edinger Ave. Huntington Beach,CA 92649 7066 Edinger Ave. Huntington Beach,CA 92649 Huntington Beach,CA 92649 Tenant Tenant Tenant 7070 Edinger Ave. 7072 Edinger Ave. 7074 Edinger Ave. Huntington Beach,CA 92649 Huntington Beach,CA 92649 Huntington Beach,CA 92649 President William D.Holman aponi Huntington Beach Tomorrow PLC Frank P.O. Box 865 19 Corporate Plaza Drive 6662 Environmental Board Chairman Huntington Beach,CA 92648 Newport Beach,CA 92660-7912 Hun Glen Drive Huntington Beach, CA 92647 Mr. Tom Zanic Pres.,H.B.Hist. Society New Urban West C/O Newland House Museum Community Services Dept. 520 Broadway Ste 100 19820 Beach Blvd. Chairperson Santa Monica,CA 90401 Huntington Beach, CA 92648 Historical Bd. Riggs Thayer Gary Thomas Judy Legan Expo Design Center M & H Realty Partners Orange County Assoc.Of Realtors 6912 Edinger 353 Sacramento St-21st Flr. 25552 La Paz Road Huntington Beach;CA` 92649 San Francisco CA 94111 Laguna Hills,CA 92653 President Huntington Beach Chamber of Commerce 2100 Main Street,Suite 200 Huntington Beach,CA 92648 v� a/-0s ! AVERY@ Address Labels Laser 51600 Smooth Feed SheetsTM Use template Occupant Occupant Occupant 6912 Edinger Ave 6902 Edinger Ave 6962 Edinger Ave Huntington Beach, CA 92647 Huntington Beach,CA 92647 Huntington Beach, CA 9264' Occupant Occupant Occupant 6832 Edinger Ave 6834 Edinger Ave 6836 Edinger Ave Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 9264' Occupant Occupant Occupant 6840 Edinger Ave 6842 Edinger Ave 6846 Edinger Ave Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach,CA 9264 Occupant Occupant Occupant 6850 Edinger Ave 6852 Edinger Ave 6854 Edinger Ave Huntington Beach, CA 92647 Huntington Beach,CA 92647 Huntington Beach, CA 9264 Occupant Occupant Occupant 6860 Edinger Ave 6862 Edinger Ave 16041 Edinger Ave-- Huntington Beach, CA 92647 Huntington Beach, CA 92647 77Hngt n each, CA 9264 Occupant Occupant Occupant 16041 Goldenwest Street 16061 Goldenwest Street 16065 Goldenwest Street Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 9264 Occupant 16071 Goldenwest Street Huntington Beach, CA 92647 C t//, (J/-0 5- �� AVERYO Address Labels Laser Smooth Feed SheetsTM Use template for 516001/ Tenant Tenant Tenant 7076 Edinger Ave. 7084 Edinger Ave. 7088 Edinger Ave. Huntington Beach,CA 92649 Huntington Beach,CA 92649 Huntington Beach,CA 92649 Tenant Tenant Tenant 7146 Edinger Ave. 7114 Edinger Ave. 7120 Edinger Ave. Huntington Beach,CA 92649 Huntington Beach,CA 92649 Huntington Beach,CA 92649 Tenant Tenant 7132 Edinger Ave. Tenant 7128 Edinger Ave. Huntington Beach CA 92649 7140 Edinger Ave. g Huntington Beach,CA 92649 Huntington Beach,CA 92649 Tenant Tenant Tenant 7142 Edinger Ave. 7144 Edinger Ave. 7154 Edinger Ave. Huntington Beach,CA 92649 Huntington Beach,CA 92649 Huntington Beach,CA 92649 Tenant Tenant Tenant 7158 Edinger Ave. 7160 Edinger Ave. 7162 Edinger Ave. Huntington Beach,CA 92649 Huntington Beach,CA 92649 Huntington Beach,CA 92649 Tenant Tenant Tenant 7164 Edinger Ave. 7166 Edinger Ave. 7168 Edinger Ave. Huntington Beach,CA 92649 Huntington Beach,CA 92649 Huntington Beach,CA 92649 Tenant Tenant Tenant 7172 Edinger Ave. 7170 Edinger Ave. 7174 Edinger Ave. Huntington Beach,CA 92649 Huntington Beach,CA 92649 Huntington Beach,CA 92649 Tenant Tenant Tenant 7176 Edinger Ave. 7180 Edinger Ave. 7184 Edinger Ave. Huntington Beach,CA 92649 Huntington Beach,CA 92649 Huntington Beach,CA 92649 Tenant Tenant Tenant 7188 Edinger Ave. 7194 Edinger Ave. 16122 Goldenwest Huntington Beach,CA 92649 Huntington Beach,CA 92649 Huntington Beach,CA 92649 Tenant 7280 Edinger Ave. C cJf' 0/- 0-5— Huntington Beach,CA 92649 MAVERY® Address Labels Laser 5960TM sjaqej ssaippy ®AU3AV I 2 14213105 14213109 142131 I0 Busby Busby` Busby 7252 Edi ve 16082 Goldenwest St 16122 Goldenwest St Hunti n Beach, CA 92647 Huntington Beach,CA 92647 Huntington Beach,CA 92647 4 5 142 131 11 142 351 01 142 351 02 Busby Jeffrey&Shari Stewart William G Ketterer 7152 Edinger Ave 16171 Bridge Ln 16151 Bridge Ln Huntington Beach,CA 92647 Huntington Beach,CA 92647 Huntington Beach, CA 92647 f 7 8 ' 142 351 03 14235104 142 351 05 Yoshihiro Kotani Craig&Karen R Harelson Chris Kiralla 16141 Bridge Ln 16131 Bridge Ln 6751 Lawn Haven Dr Huntington Beach, CA 92647 Huntington Beach,CA 92647 Huntington Beach,CA 92648 i 10 II y 14235106 14646305 14646306 Dennis&Susan Luby William H Gee Lawrence A Datko 7031 Bluesails Dr 14 Red Rock 16072 Madan Ln Huntington Beach,CA 92647 Irvine,CA 92604 Huntington Beach,CA 92647 13 14 I 146 463 07 146 463 08 146 463 09 Katherine C Whittaker Robert W Leinweber Beverly Erma Gross 16082 Madan Ln 16092 Madan Ln 16102 Madan Ln Huntington Beach,CA 92647 Huntington Beach,CA 92647 Huntington Beach, CA 92647 16 17 I 146 463 10 146 463 11 146 463 12 Vern H Hart Theodore J&Judith A Rinker Ida M Durand 16112 Madan Ln 16122 Madan Ln 16132 Madan Ln Huntington Beach, CA 92647 Huntington Beach,CA 92647 Huntington Beach, CA 92647 �./ 19 20 21 146463 14 146 463 16 146463 18 M&H RALTY PARTNERS LP M&H r P M&H REALTY PTNRS L P 3532 Sacramento St#2160 2727 P es Ve 2455 Paces Ferry Rd SE San F3ancisco,CA 94118 Atlanta, Atlanta, GA 30339 22 23 24 146 463 20 146 463 22 ! ! =J 14646324 M&H REALTY3 N1�S L P M&H REALTY PTNRS L F M ALT r P100Paces Run/ 2727 Paces Ferry Rd SE 100 ace n _Atlant A 30339 Atlanta,GA 30339 Atlan A 3 25 26 27 146 463 25 146 472 01 146 472 02 M&H REALTY PTNRS L P Edwin R Gardner Max Burris 353 Sacramento St#216 16142 Madan Ln 16152 Madan Ln San Francisco, CA 94111 Huntington Beach,CA 92647 Huntington Beach,CA 92647 28 29 30 146 472 03 14647204 14647205 James B Young Douglas J&Cynthia P McCallum Germain P Langner 6821 Nyanza Dr 6841 Nyanza Dr 6851 Nyanza Dr Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach,CA 92647 p09tS joj a;ejdwal asn C/- 0,5- wlslaay4 paa.j tr10"If- ®09TS aasel slagej ssaippy ®AU 3I 32 146 472 06 146 472 07 146 472 08 Robert Thrall Barry L Williams Joseph&Mary Scerri 6861 Nyanza Dr 6871 Nyanza Dr 29447 Dorsey St Huntington Beach, CA 92647 Huntington Beach,CA 92647 Sun City,CA 92586 34 35 146 472 09 146 472 10 14647211 Betty N Pereboom Ronald J Keen Allen M&Melissa Fukino 6891 Nyanza Dr 6901 Nyanza Dr 6911 Nyanza Dr Huntington Beach,CA 92647 Huntington Beach,CA 92647 Huntington Beach, CA 926z 37 38 146 472 12 14647213 14647214 Heung Soo& Soon Duck Hong Frederick L&Gina Clayton Timothy&Christine Martir 6921 Nyanza Dr 6931 Nyanza Dr 6941 Nyanza Dr Huntington Beach,CA 92647 Huntington Beach,CA 92647 Huntington Beach, CA 926L 40 41 14647215 146 472 16 14647217 Michael&Kelly Gates Lon&Michelle Harper Guy F Woods 16152 Tyee Ln 16162 Tyee Ln 16182 Tyee Ln Huntington Beach,CA 92647 Huntington Beach,CA 92647 Huntington Beach,CA 926z 43 44 146 472 18 146 472 19 146 473 02 Ezra Anzaruth Thong Trinh Kevin L Bernd 2620 Huntington St 16202 Tyee Ln 6822 Nyanza Dr Huntington Beach,CA 92648 Huntington Beach,CA 92647 Huntington Beach, CA 9261 46 47 146 473 03 146 473 04 146 473 05 Hugo A&Lilia Bernardo Paul B Tayne Stephen Chuck 6842 Nyanza Dr 6852 Nyanza Dr 16382 Redlands Ln Huntington Beach,CA 92647 Huntington Beach, CA 92647 Huntington Beach,CA 9264 49 50 14647306 146 473 07 14647309 Leon Nicholos Panos Mohamed Maher Mamoun Karl R Fletcher 6872 Nyanza Dr 6882 Nyanza Dr 6892 Nyanza Dr Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 9264 52 53 14647309 146473 10 146 473 11 Jack L Pazanti Eddie R&Michelle L Gorton Jared&Mary Baker 6902 Nyanza Dr 6912 Nyanza Dr 6922 Nyanza Dr Huntington Beach,CA 92647 Huntington Beach,CA 92647 Huntington Beach, CA 9264 55 56 146 473 12 146 473 13 146 473 14 Frances Benz Richard A&Mary M Keefe Carl S&M Denise Martz 6932 Nyanza Dr 6931 Laurelhurst.Dr 6921 Laurelhurst Dr Huntington Beach,CA 92647 Huntington Beach,CA 92647 Huntington Beach,CA 9264 58 59 146 473 15 146473 16 146 473 I7 Dolores L Russell Russell A Jones Donald J Griskonis 6911 Laurelhurst Dr 6901 Laurelhurst Dr 6891 Laurelhurst Dr Huntington Beach,CA 92647 Huntington Beach,CA 92647 Huntington Beach,CA 9264 ®09LS xaj aleldwal asn CUP 6 OS ►P►.LsjaagS Pat ®09TS aasel slagel ssaippy ®AU3AV Q� 61 62 63 146473 18 146 473 19 . 146 473 20 Richard&Kathryn A Roth Douglas R Blue Daniel&Brigitte Moren 6881 Laurelhurst Dr 6871 Laurelhurst Dr 6861 Laurelhurst Dr Huntington Beach,CA 92647 Huntington Beach,CA 92647 Huntington Beach,CA 92647 64 146 473 21 Ren Y Lin 6851 Laurelhurst Dr Huntington Beach,CA 92647 0091S aoj aleldwal asn W.LSIOayS p91J 410OWS i, Dependable Business Services CERTIFICATION OF PROPERTY OWNERS THE ATTACHED LIST REPRESENTS THE NAMES AND ADDRESSES OF ALL PROPERTY OWNERS LOCATED WITHIN 300 FEET OF THE EXTERIOR BOUNDARIES OF THE PROPERTY LOCATED AT �WC &A`V1hCr` eA Ise&-t' 1'qG - 9G5 t 8 THIS INFORMATION WAS OBTAINED FROM METROSCAN,A DATA SOURCE, UTILIZING THE COUNTY ASSESSMENT ROLLS AND OTHER DATA SOURCES. THE INFORMATION PROVIDED IS GENERALLY DEEMED RELIABLE,BUT IS NOT GUARANTEED. oacDATE: IS STOUT DEPENDABLE BUSINESS SERVICES, INC. 871 N Maplewood St. Orange, CA 92867 (714) 744-2845 Fax (714) 744-5123 Pager (714) 804-2097 Email: dstout@socal,rr.com Web Site: dbsinc.org PROOF OF PUBLICATION STATE OF CALIFORNIA) .. SS. County of Orange ) NOTICE OF ON FILE. A copy of the I am a Citizen of the Unified States and a PUBLIC HEARING Proposed request is on resident of the County aforesaid; I am BEFORE„THE CITY file m the City Clerks Of-I fice, 200A Mai6 Street, i CQUN,CIL\OF THE Huntington Beach Cali- CITY OF fornia 92648, for mspec over the age of eighteen years, and not a HUNTINGTON`. tion by the public A copy be party to or interested in the below BEACH, a the Staff o interested re ed NOTICE tS HEREBY available to .interested GIVEN that'on Mond.' Parties at the ,City entitled matter. I am a principal clerk of June_18,,.2001,,at,7:00' Clerk's Office after 2001- 'n PM in the City Council, daALLneINTERESTED the HUNTINGTON BEACH INDEPENDENT, a Chambers, 2000 WIN PERSONS are invited to Street, Huntington attend said hearing and newspaper of general circulation, printed Beach, the City Council express opinions will hold a-public hearing express submit evidence for or and published in the City of Huntington on the following planning against the application County of Orange State Of and zonjng-APK items: as outlined above. If YOU 1, APPEAL OF, THE' Beach, ' Coun challenge.the City Coun I PL•ANNIN& COM- cil's action m court you MISSION Ss,APPROVAL may be limited to raising California, and that attached Notice is a OF.CONDITIONAL USE only those issues you g PERMIT NO 01-05 someone else raised at true and complete copy as was printed (EXPO ,DESIGN CEN- the public hearing de- TER) . Applicant7Ap- scribed in this I' and published in the Huntington Beach pellant: Riggs Thayer, notice, or in written cor=l Expo Design Center Re respondence delivered and Fountain Valley issues of said quest To permd tempo- to the City at,or prior to, rary outdoor sales within the public hearing. 41f newspaper to wit the issue(s) of: a 4ofoot by90tootzYent, there are any further a`maximum of five..(5) questions please call the times a, year ,.,,a Planning Department at ` maximum of 10 days per: 536-5271 and refer to event. In addition toper- the above items. Direct mil the year round our written communica outdoor(,display/retail; Lions to the City Clerk., ' sales of select merchan- Connie Brockway, June 7, 2001 dise along the front of the store during'normal City Clerk, business `hours, Loca City of lion;, 6912"" .Edinger Huntington Beach,i (southwest comer of.Ed- 2000 Main Street, iriger.and,Goklenwest) 2n .Floor, Project Planner Sandra Huntington' Beach, ' Cah'tornla 92648 Thornton.., _(714) 536-5227 I declare under penalty of perjury, that NOTICE;IS HEREBY. ,,GIVEN.that Item,'#1 is Published Huntington the foregoing is true and correct. categorically exempt Independent nd pende ta�June alle7 from the provisions'of 2001 the C a 1 i'f,o in la 062-879 Environmental Quality Act. — — — Executed on June 7 2001 at Costa Mesa, California. Signature Connie Brockway, City Clerk ' City of Huntington Beach Office of the City Clerk P.O. 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