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Home My WebLink AboutPub Hear - Appeal of PC Conditional Approval of Special Sign CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 7, 1993 Southern California Restaurant Enterprises 5150 Candlewood, H18 Lakewood, CA 90712 Gentlemen: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 15, 1993, conditionally approved your Special Sign Permit No. 93-9. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedures of the State of California you have ninety days from December 7, 1993, to apply to the courts for judicial review. The minutes with the conditions of approval will be mailed to you at a later date. If you have any questions regarding this matter, please contact this office at 536-5227. Sincerely yours, r Connie Brockway, CMC City Clerk CB:cc Enclosure CC: Dave Bartlett, Development Services City Administrator City Attorney Scott Hess, Sr. Planner, Community Development 1051K (Telephone:714-536-5227 (City Council) PUBLIC HEARING -APPEAL FILED BY COUNCILMEMBER SULLIVAN TO PLANNING COMMISSION'S CONDITIONAL APPROVAL OF SPECIAL SIGN PERMIT NO 93-9 -APPROVED MODIFICATION OF PLANNING COMMISSION'S CONDITIONAL APPROVAL- (RALLY HAMBURGERS MONUMENT SIGN) (420.35) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal: APPLICATION NUMBER: Appeal of the Planning Commission's Conditional Approval of Special Sign Permit No. 93-9 APPLICANT: Southern California Restaurant Enterprises APPELLANT: Councilmember Dave Sullivan LOCATION: 10001 Adams Avenue(Northeast corner at Brookhurst Street) ZONE: C2-FP2 (Community Business-Floodplain) REQUEST: Appeal of the Planning Commission's action approving a 12 foot high, 57 square foot free standing pole sign for the recently approved Rally Hamburgers' Drive- thru Restaurant pursuant to Section 9610.5 of the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15315, Class 15 of the California Environmental Quality Act COASTAL STATUS: Not Applicable The City Clerk presented a staff report prepared by the Planning Director. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. The City Clerk stated she had received a communication dated November 10, 1993 from Robert Riedesell, President of Meredith Gardens Homeowners Association in opposition to the approval of Special Sign Permit No. 93-9. The Planning Director presented a verbal report and showed slides of the area. The Mayor declared the public hearing open. Ed Kerins, President of the Meredith Gardens Homeowners Association, stated the association's concerns regarding the economic growth of business at Brookhurst Street and Adams Avenue and the enforcement of city codes. He reminded Council the special sign program was adopted to improve signage of commercial areas and reduce visual blight, not to be used as a means to circumvent the provisions of the sign code. He requested Council to uphold ordinances and over rule the Planning Commission's approval of Special Sign Permit 93-9. Dave Bartlett, Land Use and Planning Consultant, representing Rally's Southern California Restaurant Enterprises, gave a slide presentation of the proposed Rally's sign and slides of other signs in the area. He requested Council to sustain the Planning Commission's approval of Special Sign Permit No. 93-9. Jim Hicks warned Council that should the changeable sign change while a driver is passing through the intersection it could be a definite safety hazard. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Councilmember Sullivan stated the main reason he appealed the Planning Commission's approval of Special Sign Permit No. 93-9 was that he believed a changeable copy sign was not appropriate for the area and he did not believe a case had been made that an economic hardship existed and warranted the special sign permit. Following discussion, a motion was made by Sullivan, seconded by Bauer, to grant the appeal and deny Special Sign Permit No. 93-9 with findings in Attachment No. 8 of the RCA dated November 15, 1993. Following discussion, a substitute motion was made by Sullivan, seconded by Bauer, to modify the Planning Commission's approval of Special Sign Permit No. 93-9 by reducing the sign height to seven feet high, the sign not to exceed 30 square feet, with no changeable copy and a landscaped planter area. The motion failed by the following roll call vote: AYES: Bauer, Winchell, Sullivan NOES: Robitaille, Moulton-Patterson, Silva, Leipzig ABSENT: None A motion was made by Leipzig, seconded by Moulton-Patterson, to modify the Planning Commission's approval of Special Sign Permit No. 93-9 by reducing the square signage from 57 to 36 square feet, with no changeable copy, with the following findings and conditions. Findings for Approval -Special Sign Permit No.93-9: 1. Strict compliance with Article 961 will result in substantial economic hardship to the applicant because the 7 foot high, 30 square foot monument sign is necessary for identification of the site. The proposed drive-thru restaurant is dependent on impulse decisions and will benefit from a freestanding monument sign. 2. There are unusual site or building characteristics that preclude Rally's Hamburgers from yielding adequate signage from the provisions of the sign code. The proposed restaurant building is under 900 square feet in size and is setback over 50 feet from both streets, requiring the site have both wall and a freestanding signs for adequate exposure. 3. Due to the fact that there are special site or building conditions applicable to the site, approval of additional signage for a 7 foot high, 30 square foot freestanding sign is necessary to enjoy sign provisions enjoyed by surrounding properties. 4. The proposed 7 foot high, 30 square foot freestanding sign will not adversely affect other signs in the area, nor will the sign obstruct pedestrian or vehicular traffic vision. The sign will comply with the minimum site angle requirement for signs within the landscape planter. 5. Additional signage for this site would not constitute an aesthetic impact to the site and surrounding properties. The proposed sign be compatible with signage in the surrounding area. Conditions of approval -Special Sign Permit No.93-9 1. The site plan and site elevations received and dated July 19, 1993 shall be the approved layout with the following modifications; a. Maximum height of the freestanding sign shall 7 feet. b. Maximum area of the Rally's primary sign shall be 30 square foot monument sign; with no changable copy. c. A landscape planter area shall be provided at the base of the sign. 2. Prior to issuance of building permits, a copy of revised plans depicting the modifications pursuant to Condition No. 1 shall be submitted to the Community Development Department for the file. The motion carried by the following roll call vote: AYES: Moulton-Patterson, Silva, Sullivan, Leipzig NOES: Robitaille, Bauer, Winchell ABSENT: None CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 7, 1993 Mr. Dave Bartlett Planning, Management, Development Services 6082 Jade Circle Huntington Beach, CA 92647 Dear Mr. Bartlett: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 15, 1993, conditionally approved your Special Sign Permit No. 93-9. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedures of the State of California you have ninety days from December 7, 1993, to apply to the courts for judicial review. The minutes with the conditions of approval will be mailed to you at a later date. It If you have any questions regarding this matter, please contact this office at 536-5227. Sincerely yours, Connie Brockway, CMC City Clerk CB:cc Enclosure CC: Southern California Development Services City Administrator City Attorney Scott Hess, Sr. Planner, Community Development 1051K (Telephone:714-536-5227 § 1094.5 SPECIAI. PROCEEDINGS Part 3 Note 378 n.nndrd for new trial de inine.l 4-nil, i..imirr hnd iw jurih,lirlinn t'nlifornin 1'oratpluyrtttmt Ili,. .\!.iwalx I1-1. and di,l uul .1.•Irrni!ne merit", \\'raters, Air (1976) 127 ('ul.nistr. Fill), 67 l'..\.ad ':!1. I.lurx lnr. v, sohir.ki (iUNI) J'.l Cnl.l(plr. Trial vourl'a Judgnit•ol d.•atinc writ of 71n. 11)1 C.A.'241311;1• u,nntlnle to coatis! director ..f ngrivultnro lend that letter dixcharging xenior iyis• to act nxidr his devivion revuUtig pcthinn• l"t clerk in nffive of v,,iintU clerk "ruled rr'a livenxr up nirt•raft Isil.,t iu ha"n,rxx .,1 ihnt xhr %%:tx guilty of nti"uudurt in re- pest ruulrol wnx revrrxrd nuil (-list! re utot-iuc puhlie ret•urd+ fr.,ut the filer, and ninwled In triad .-Burt with direr-Owix to innlilating mtul xecrelinc their on vnriout+ remand euxe to dirertur fur purpose of dote", wherenx ill hearing before county '( rt4-nnxiderlug the penally previotialy hii. civil xi,riit•r cnttiinixxlott evidriwe watt in• pored, where it was found dint itorne of treiduced only nit to w•har took place on thu charges ngainxt. prtitioiirr worn not min of the ,inter, did itnt r.•quire thn dig• xopported by cvidrnce. \\•ingfirl.l c. irier t•onrt .,f alilieni nn al-l-itl frmn ju,lg• - Direc•ior of Agriculture (11172) Dri Col. inent awarding xruior tyl&i clerk writ tit Itptr.019,20 C.A.311 200i niandntc, nftrr ri vereing t!:o Judbrocut of Proceeding for review of drninl by roiii- the "ulterior ,•nurt, to reutnad the niutder mtxaioner of rorpnralionx of permit to to the c.nunti" dun for rr•nnsidcretion, chnnge voting riglilx of xloirehuh}.,rx where. sheer nnx n xiuiilnrit� of fncli aur• would tic rcuinn.led to xuprrior vonrt for ruiinding reint.val of thr dncuotcnta on all of the dnirx. limit v. bix .\ugelex Croon- dtacrnidence whether there tcnA Pub"er ty Civil Service (bnitnitisluu (1932) 2:18 C. tial evidence to "uppers c,munirpioitct a I':2d S. 1(7J C.A 2d 11.1. fiudinem. where court improperly deter. 1094.6. Judicial review; decisions of local agencies; petition; filing; time; record; decision and tarty defined; or- dinance 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 lik-reof, may be had pursuant to Section 1094.5 of this bode only if the petition for writ:of mandate pursurint to such section is filed 1,vithin 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 in any applicable provi- sion of any statute, charter, or rule, for the purposes of this section, the decisb> is final on the date it is made. If there is such provision for reconsideration, the decision is final for the purposes of this sec- tion upon the expiration of the period during which such reconsidera- tion can be sought; p-mvided, that if reconsideration is sought pursu- arit to any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. (c) The (-ornl)klc record of the proveedings shrill N, prepared by Inw kwal agency or its ronlinis-:ion, hcr,ird, officer, or agen( which Made the decision and shrill be ttr.livered to the petitionvi- within 90 bays lifter 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 tran- Script of the proceedings, all pleadings, all notices and i:rders, any proposed decision by a hearing officer, the final decision, all admitted 674 1 7/),, , 3 PROOF OF PUBLICATION STATE OF CALIFORNIA) j f SS. Count} of Orange ) l I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below - - � PUBLIC NO�,I,CE � entitled matter. I am a principal clerk of ;* 4fVNptICE1OF 4M 'V�'Y�PUBLfC'HEARING the HUNTINGTON BEACH INDEPENDENT, a t�t,,.APPEAL;�OF�THE•'�` ; newspaper of general circulation, printed ` ' P`'"""'"G ' ,fs,�COMMISSION and published in the City of Huntington CONOITIPNAL" .r-APPROVAL Fpfj. Beach, County of Orange, State of SPECIAL SIGN PERMIT NO:I93`9 /} California and that attached Notice is of Hamburgers s'Pole S1gn)T: 'v true and complete copy as was printed NOTICE IS HEREBY and published in the Huntington Beach GIVENI�t'hat he H nt,ngtori >ENVIRO�N11dEN, STAB Beach ,City�Coun'cilll� i T�bS 'Categoncalty�exempt hold a oublic heapng in the. rpursuan�•toy§ec�t,on,�p1�53],S and Fountain Valley Issues of said Council=Chambersjat the Class'15 of tfie Cakforn,a' rHuntington'`Beacli 'Civic Environmen al OLality�`Act Center ''2000fNanY Street' ^COASTA'L STATUS No! newspaper to wit the issues) of: Huntington Beach Cakfoe; appl,cable rna fon:the3date anh d at tt a ON FILR A c0 Y. 0f the; Umekindicated below;o;re proposed!e�questY91's file ceI -.and7 �cons�der r the m(tie Community Develop statements of allperaons¢ merit` Deparfinent 0 who wish to;be�h`eard;rela f Ma,n Street ;Huntington{ November 4 1993 five totfhe application de;a Beach tCal,fo"r is,t92648;1 scntiedytbelow ; ', for ,nspectiont`by tha4putiz IDATE/TIME Monday No-� icyA-'cop of the. taffi e4 vember.l6 i993 '9 00 PM X port-rillb aya,labletto,;m;; APPLICATION NUMBER: terested parbe°s�,n they C,ty Appeaf-:,of the,.Plann!ng CI rk4 office_ after No< Commissions Conditional vemtier 12 1993 -*A _ ,f Approvals ofr SpRiiilY�Sigo ACL:�F1�TER�ESTI D PER Permit No 939 ,,� +&O .fit SONS are invited Co1aCtend. declare, under penalty of perjury, that tAPxPLICANT', Srouthern said heanngi'andrexpres's Cahforriia Restauhant Enter- opinions Or submits to`the the foregoing is true and correct. prises' ,; d City Clerkwritt`en evidence APPELLANT ti•,Council; for oragainst.>thegapplica_ member=Dave,Sull,vanx�{�, tion,as outlrneilFabov_e;%If LOCATION f0001 Adams there�.are any.further qu , Avenue'(Northeastr corner tions3pleaselcail Wzayne'I 1t,Broo! d"tr't Street) _ Garvalho qs slant Planner Executed on November 4 , 199 3 ZONE"' C2 FP2a (Com; at,53t-5271 �` m u n r,fy B u s I n e s s'- Connlel Biockway',l at Costa Mesa, California. i Floodplain) . ` �� Cfty1Clerk;CitylofJ ii: REQUEST Appea;ofhe ttngtonrBe ch;�2000; Planning,Commis"Sion s ac; w. . ► T M a i'n S t r e"�!);�H'u+n-1 Mgh 57squareafoo?frees tiri,gfonl Beach, CA: standmgpole�sig'n for they 92648(,7,j4)'S36.5227:- iecently� appf�ve'd«Rallyf SPublish�edHuntngton Hamburgers Drive fhru Beaeh-FountalrV�alley�jln; Restaii'rant pursuant tol dependent November SecUoni9610.5*of the Hun-: ` irgtom+zBeacFf',Ordinance 1993 Y Signature r iFf,�A B-4 SPECIAL SIGN PERMIT NO. 93-9 : RAFT—— APPLICANT: Southern California Restaurant Enterprises (Rally' s Burgers) LOCATION: 10001 Adams Avenue Special Sign Permit No. 93-9 is a request to install a 30 foot high, •' .90 square foot freestanding pole sign at the northeast corner of. Brookhurst Street and Adams Avenue for a new Rally' s Hamburgers drive-thru restaurant. The applicant received, Zoning Administrator approval on. September 29, 1993, to establish the new restaurant/ drive-thru business (Rally Hamburgers) at the previous gas station site. The request for the special sign permit includes allowing both wall signs and a freestanding sign, on a site .that permits either one or the other. In addition, the applicant is requesting to exceed the sign height and area provisions of the sign code. STAFF RECOMMENDATION: Because the site is on a corner with adequate exposure on both Adams Avenue and Brookhurst Street, staff is recommending the Planning Commission deny the request for the freestanding sign. The applicant submitted a revised request to the Commission. A discussion ensued regarding other signs in the area and their relationship to the applicant's request. THE PUBLIC HEARING WAS OPENED. Dave Bartlett, 6082 Jade, representing applicant, explained the revised request submitted by the applicant. He stated they were now requesting a 15 foot sign. Bruce Cowgill, 2760 E. Spring Street, Long Beach, adjacent property owner, explained that his property 'would be requesting a sign in the near future for a major tenant. Mr. Cowgill explained his concern that if this request was approved, his request might not be considered favorable because a large sign already would be in existence. He asked the Commission to take this into consideration prior to their voting on this request. Mark Porter, 19561 Topieka, spoke in opposition to the request. He stated that the corner sign should be kept *iaithin code. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. I 4 ATTACHMENT NO. . PC Minutes - 10/5/93 -3- (7429d) .�� A0 l l DRAFT A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO APPROVE A 13 FOOT HIGH, 57 SQUARE FOOT FREESTANDING SIGN WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, -.BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Richardson, Dettloff, Gorman, Inglee NOES: Biddle ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APP V - SPECIAL SIGN PERMIT - � ._..✓ 1. Strict compli ce with Article 961 will result -in/substantial economic har hip to the applicant because the 3 foot high, 57 square foot sign is necessary for identification of the site. The proposed drive-thru restaurant is dependent on impulse decisions and will benefit from a freestanding pole sign. 2. There are unusual site or building characteristics that preclude Rally' s Hamburgers from yielding adequate signage from the > provisions of the sign code. The proposed restaurant building is under 900 square feet in size and is setback over 50 feet from both streets, requiring the site have both wall and a freestanding signs for adequate exposure. \ 3 . Due to the fact that there are special site or building conditions applicable to the site, approval of additional signage for a 12 foot high, 57 square foot freestanding sign is necessary to enjoy sign provisions enjoyed by surrounding properties. 4 . The proposed 12 foot high, 57 square foot freestanding sign will not adversely affect other signs in the area, nor will the sign obstruct pedestrian or vehicular traffic vision. The sign will comply with the minimum site angle requirement for signs within the landscape planter. 5. Additional signage for this site would not constitute an aesthetic impact to the site and surrounding properties . The proposed sign will be compatible with signage in the surrounding area. CONDITIONSOF APPROVATZ slSPECIAL SIGN T NO, 93-9 : 1. The site plan nd site elevations received and dated July 19, 1993 shall be the approved layout with the following modifications; a. Maximum height of the freestanding sign shall be 12 feet. i • PC Minutes - 10/5/93 -4- (7429d) J huntington beach department of community development STAf REPO EXECUTIVE SUMMARY OCTOBER 5. 1993 SPECIAL SIGN PERMIT NO 93-9 (10001 Adams Avenue) Special Sign Permit No. 93-9 is a request to install a 30 foot high, 90 square foot freestanding pole sign at the northeast corner of Brookhurst Street and Adams Avenue for a new Rally' s Hamburgers drive-thru restaurant. The applicant received Zoning Administrator approval on September 29, 1993, to establish the new restaurant/ drive-thru business (Rally' s Hamburgers) at the previous. gas station site. The request for the special sign permit includes allowing both wall signs and a freestanding sign, on a site that permits either one or the other. In addition, the applicant is requesting to exceed the sign height and area provisions of the sign code. Because the .site is on a corner with 'adegaute exposure on both Adams Avenue and Brookhurst Street, staff is recommending the Planning Commission deny the request for the freestanding sign. 1 • ATTACHMENT NO. ��. A-PL-fM-23D t KAf F b. Maximum area of the Rally's primary sign shall be 36 square feet; a. changeable copy sign (maximum 3 lines of copy) may be permitted attached below the primary sign provided the total sign area ofp��signs does not exceed 57 square feet. c. A p4a-te3rr:-- shall be provided at the base of the sign. 2. Prior to issuance of building permits, a copy of revised plans depicting the modifications pursuant to Condition No. 1 shall be submitted to the Community Development Department for the file. i 1� PC Minutes - 10/5/93 -5- (7429d) REQU ST FOR CITY COUN IL ACTION Date November 15, 1993 Submitted to: Honorable Mayor and City Council Members /�_�,s_ q�t . 7h , 77 Submitted by: Michael T. Uberuaga, City Administrato i++e.E•e Prepared by: �mrw C,O - ,e„dfi Howard Zelefsky, Planning Directo �t- , Subject: APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF SPECIAL SIGN PERMIT NO. 93-9 Consistent with Council Policy? [A Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: &, STATEMENT OF ISSUE: Transmitted for your consideration is Councilmember Dave Sullivan's appeal of the Planning Commission's conditional approval of Special Sign Permit No. 93-9, a revised request to install a twelve (12) foot high, 57 square foot freestanding pole sign at 10001 Adams Avenue, site of the recently approved Rally's Hamburgers drive-thru restaurant. Councilmember Sullivan appealed the Planning Commission's action to allow the City Council the opportunity to examine the height and number of panels of the approved sign. RECOMMENDATIONS: Staff and Planning Commision Recommendation: Motion to: "Deny the appeal and sustain the Planning Commission's approval of Special Sign Permit No. 93-9 with findings and conditions of approval." PLANNING COMMISSION ACTION ON OCTOBER 5, 1993: (see Attachment no. 8): THE MOTION MADE BY GORMAN, SECONDED BY RICHARDSON,TO APPROVE SPECIAL SIGN PERMIT NO. 93-9 WITH FINDINGS AND CONDITIONS OF APPROVAL,CARRIED BY THE FOLLOWING ROLL CALL VOTE: AYES: BOURGUIGNON,COOK,DETTLOFF,GORMAN,INGLEE,RICHARDSON NOES: BIDDLE ABSTAIN: NONE ABSENT: NONE P10 5/85 ANALYSIS: Background The applicant originally submitted Special Sign Permit No. 93-9, a request to permit a 30 foot high, 140 square foot pole sign with three (3) lines of changeable copy for the recently approved Rally's Hamburgers drive-through restaurant at the north east corner of Adams.and Brookhurst. The Special Sign Permit request was also to allow a freestanding sign on a corner site that permits either a wall sign or freestanding sign. The applicant's request was modified to a 15 foot high, 50 square foot sign with two (2) lines of changeable copy prior to the Planning Commission meeting. At the October 5, 1993 Planning Commission meeting,the Commission conditionally approved Special Sign Permit No. 93-9, for a twelve (12) foot high, 57 square foot freestanding pole sign at 10001 Adams Avenue. The approved sign included three (3) lines of changeable copy to identify business promotions. On October 15, 1993, Councilmember Dave Sullivan appealed the Planning Commission's action on Special Sign Permit No. 93-9, citing that the City Council should further examine the height and number of panels of the proposed sign. Planning Commission Meeting At the October 5, 1993 Planning Commission meeting, the applicant submitted a modified proposal to allow a 15 foot high, 57 square foot pole sign,after initially requesting a 30 foot high, 140 square foot pole sign. Staff recommended denial of both the original 30 foot sign and the modified 1.5 foot high sign. Staff,however,provided an alternative for a 12 foot high, 50 square foot pole sign. As discussed in the Planning Commission staff report dated October 5, 1993 (see attachment no. 9) staff believes that a 12 foot high sign would be compatible with signs on surrounding commercial properties. The sign would comply with all other sign code provisions including the minimum site angle requirement for signs in a landscape planter. There were a total of three (3)people who testified at the Planning Commission meeting,two (2) of who spoke in opposition to the request(see attachment no. 8). Opponents of the sign stated that most of the recently approved signs comply with code, and that most of the higher signs are nonconforming. They stated that the proposed sign should be a monument type sign, with a maximum height of seven(7) feet. The applicant indicated that the proposed sign was compatible with the signs on the other three (3) corners. He cited other signs that were larger than the proposed Rally's Hamburgers sign including the Target, Mervyn's/Thrifty, Downey Savings, Albertson's, and Shell freestanding signs. He stated that the drive-thru restaurant use was partially dependent on impulse business, and that the additional exposure would be necessary for Rally Burgers program. He also explained that the approved restaurant building was required to be setback approximately 50 feet from both Brookhurst and Adams, further justifying business exposure on the street. RCA 11/15/93 -2- Summary Staff believes that a 12 foot high, 57 square foot sign would be in keeping with the freestanding signs on the other three (3) corners. Because the proposed building is under 900 square feet in size, and setback approximately 50 feet from both Adams and Brookhurst, staff believes that a freestanding sign is justified for the site. Environmental Status This project is categorically exempt pursuant to Class 15, Section 15315 of the California Environmental Quality Act. FUNDING SOURCE: Not Applicable. ALTERNATIVE ACTION: The City Council may take one of the following actions: A. "Grant the appeal and deny Special Sign Permit No. 93-9 with findings as outlined in Attachment No. 7." B. -- "Modify the Planning Commission's approval of Special Sign Permit No. 93-9 by reducing the sign to a seven(7) foot high monument sign. �0 l ATTACHMENTS: 1. Area Map 2 Site plan and sign elevations dated July 19, 1993 (Original submittal) 3. Sign elevations dated October 4, 1993 (Applicant's modified proposal) 4. Sign elevations dated October 6, 1993 (Approved by Planning Commission) 5. Appeal memo from Councilmember Dave Sullivan dated October 15, 1993 6. Applicant's response to appeal received and dated October 29, 1993 7. Draft Findings for Denial S. Minutes of the October 5, 1993 Planning Commission meeting(Findings for Approval) 9. Planning Commission Staff Report dated October 5, 1993 RCA 11/15/93 -3- NOTICE OF PUBLIC HEARING APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF SPECIAL SIGN PERMIT NO. 93-9 (Rally Hamburgers Pole Sign) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers at the Huntington Beach Civic Center,2000 Main Street,Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday,November 15, 1993, 7:00 PM APPLICATION NUMBER: Appeal of The Planning Commission's Conditional Approval of Special Sign Permit No. 93-9 APPLICANT: Southern California Restaurant Enterprises APPELLANT: Councilmember Dave Sullivan LOCATION: 10001 Adams Avenue(Northeast corner at Brookhurst Street) ZONE: C2-FP2(Community Business-Floodplain) REQUEST: Appeal of the Planning Commission's action approving a 12 foot high, 57 square foot freestanding pole sign for the recently approved Rally Hamburgers'Drive-thru Restaurant pursuant to Section 9610.5 of the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15315,Class 15 of the California Environmental Quality Act. COASTAL STATUS: Not applicable ON FILE. A copy of the proposed request is on file in the Community Development Department,2000 Main Street,Huntington Beach,California 92648,for inspection by the public. A copy of the staff report will be available to interested parties in the City Clerk's office.after November 12, 1993. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk,written evidence for or against the application as outlined above. If there are any further questions please call Wayne Carvalho,Assistant Planner at 536-5271. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach;CA 92648- (71.4)536=5227 . . :. .. (wc1p94) Connie Brockway,City Clerk ofj City of Huntington Beach p rN L S. OiT' lGOffice of the City Clerk1 ,P.O. Box 190V 5 J3 F t'tA Huntington Beach, CA 92648 y 1.55-1.81.--05 Downey Savings ,°, I...(:)an Assn TINGTpy�/ s, TE rgo>;ME�050h [) tOflg7 zi 1 esz—.4 CA 92626 NGOagSgOD �fAE pRE�O 2 �F8 77. 1909. . cFppUNTY CP`�� LEGAL NOTICE - PUBLIC HEARIN . 8 I 8 $I m — Pnn�raslt WAIUq= SLATER �J TALBERT n � ELLIS z GARFIELD . 1yowrowN AMS Ole H /3NDIANAPOLIS ATLANTA ADAMS HAMH.TON BANNING 7M I m ssp 93-09 IRS HUMWGTON BEACH PLAWMG DIVISION A FTACHMENT NO. - -6' ' r40 qo _. 5"d T - i0'-6'C20SS-TLeE (2) VX 6'X.3125 SQUARE 3 P ! C I P I C A T I O N S STL.TUBES I ASTT1 A-500 CRADE ,D / AT 31'-4 LENCTh$ CST *O W C P45TW-IC'.L'D P40N Iox Cr AWF. CXTRL64 s-" D PCQ Sc%rvv= S+7v TO►iAve m A&AA-flLM 9-4=r PACC3 VWTW Et.POS}+M)NC 04Anr4M LfrrEPS An0 eXP)St9 PNECH CS� DCP'XP.LETTOPS Ar0 909CCR r0 DC PAML7 S'-O'CENTc2LPE� v^41M D&OCGTa0.0,0 TO Be PAMPaM TO MATCW CAAfWAL "M uAA4RJC.0 W B r0 Be Rokj= Otir 0 &-WBETWEEN COB MAi ALLAA PACG �LC=S CS ALLM4.#A SST iSO5144323 WTW EDPOSeD 0-& N" O LETTERS Ar0 00000-'XR. 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M wrlrlr =��::— s-•-�_�-. r.r,a.r•I..rwr.wr• Wlllw!•..rwltr r WII=. •�• �. e SFAGls•I NG.!lFAGe.rSFACp M..r••II lr.r br N W MwW1I W.r!•w•I W ��_�.��...-.��wj 9TALKN•FOR 1 GAR9 W r.W\fir i.1 I.1ir'm!I i+li.:u.•a�W+��r�r.i.I ��C Wrr.rr••!OI!!rY•.••.Wr w•�•rrW W w Y. M��I•Irw!1.....W W rYr•1 W..r1I Ww.we N CHKM n A r.� l071 51TE PLAN "'mu SITE PLAN • 10 70 �� A- I s GREGORY SIMONOFF ARCHITECTS low••R ••• 2"M LW MIW IT,MITI Is _ WfTA ANA TliOTTI,�fna --eA S.r._-. O 1 1l x w u}1 M coal ai„ar ,............. 0 r wr/os.w.d�w.�.w�/� t t ��WNI FL71I1Nr11`J111N 1�� qW 6AmoLEM=ST SM2 D 50.3.r. wce+aov.cALfa+Jlli,407c • � 41 -_rT cln= MOM _.�.......,. '+``'ram"°' e ► s�AD ,+ GERS ~ PYLON SIGN MMTh6TON 604H.CALFORMA -- I�- -bGAll•11 •.I�ti' tfAl . t'V SIP Ito In. p - THANK ~■ YOU ,,. DAM � lele.aw t/aua n ,•ter IWELCOM IFRFK(;m Mips L n taw . 1st MUM■R nenw tamer mutt MAU w 0 tw omwm aw apt OR w wqm AM GNS AT SITE ENTRY AND EXITS �" 0 ..eat....."w..�.".... o"WNn W" • - DAM em""' SIGN CUAL.5 D WALL At DRIVE-iHRU LANES CPO DRIVE-UP MENU BOARD �D- 3t• .1ACHMENT �� : r " ifli- l a p • .� V wi 1 1 1 1 1 r 1 P ltTilRS taMt _ A+ A/o•� rR v UK its wn►r.rnwra�r " _7 --FT PHI . _ fsw�� N�ai�es�o�.. Vf�r rwo w sr• _H DRIVE—UP SPEAKER E• WALK—UP MENU BOARD _ I-COUHTESY WINDUM 1 LIS 6.4 ie O RTE Y WINDO 'COURTESY WINDOW' NEON SIGNS PC TO W tssa QZARAPEO NKN CLASS MQ/Am"A CUM .. A=T%C KK SOX GAM000JO TO R aAM F Ce=TRAWCOAN . ►m"co 10 YO[O'GOK Acwnx RO.load OrM Nlaa *AW%C wx co"m 1O t!4 S"r _ WALK-UP WWDOW SIGNS t F I 9 asavoarmaQma Att7A MGM .LO.�'�•P . tc=-1 LIM G. BUILDING FASOA SIG' &..fit TACHMENT NO.,� ' U ---- ' k---leeQ— o-s i o EBBIEDH AAUNGER 51D 55 ELEVATION . -- �`-------- ---------------. ------------- ------------------ --- ---_- ' bet wet1 , O!/D Q 01 o ° � o z p G • • 1 v 1 1 U i IDENTICATION SIGN 9'X4' 36 SQUARE FEET $2.22 RALLYBURGER CHANGEABLECOPY REG.FRIES.16 OZ.COKE SIGN TX3' Drive Thru in 3 Minutes 21 SQUARE FEET Rally's Classic Cars Next Week 15'TOTAL HEIGHT ATTACHME . T NC. - .>`bRIG1 :::;«:»>:;UE "C< <'>< >_ >[' €€ ............................. IS <RE<` ES'1"> `<' '<> » R bUG' `I01 _'' HEIGHT 30FEET 15 FEET 50% ...................... . ........ ............... _.._..........._._. ._...._...._:...._.... ........... ................__................._..._........... AREA 130 SQUARE FEET 57 SQUARE FEET 56% D AVE B A R T L H T T PLANNING•MANAGEMENT-DEVELOPMENT SERVICES ya, Q IDENTICATION SIGN 9'X 4' 36 SQUARE FEET $122 RALLYBURGER CHANGEABLE COPY REG. FRIES. 16 OZ. COKE SIGN TX3' Drive Thru in 3 Minutes 21 SQUARE FEET Rally's Classic Cars Next Week 12'TOTAL HEIGHT Special Sign Permit 93-9. As approved by the Huntington Beach Planning Commission on October 5, 1993. FOR RALLY'S HAMBURGERS LOCATED AT THE _ATTACHMENT NO. NORTHEAST CORNER OF BROOKHURST&ADAMS DAVE B ARTLETT PLANNING•MANAGEMENT•DEVELOPMENT SERVICES CITY OF HUNTINGTON BEACH CITY COUNCIL COMMUNIICATION HUNTINCTON BEACH OCT 1 8 1993 COMMUNITY L17VELOPME N T TO: Connie Brockway, City Clerk FROM: Dave Sullivan, City Council Member T;f DATE: October 15, 1993 SUBJECT: SPECIAL SIGN PERMIT NUMBER 93-9 I would like to appeal Special Sign Permit Number 93-9, in order to have the City Council examine the height and number of panels of the twelve foot high freestanding sign approved by the Planning Commission. DS:paj _ATTACHMENT NO. . DAVE BARTL ETT PLANNING •MANAGEAW-NT • DEVELOPM NT SERVICES 6082 Jade Circle • Huntington Beach, California 92647 Phone: (714) 898-0600 • Fax: (714) 542-2915 October 29, 1993 Mr. Howard ZA:Iefsky, PIanning Director CITY Or l.IUNTINGTON BEACH t ) 2000 Main Street P. 0. Box 190 OCT 2 91993 Huntington Beach, CA 92648 r� L� }':fivi:i'a, ut A-miNTION: SCOW IJI 4s,SrNTOR PLANMM COMMUNITYDEVELN'IENT RI;: APPrAT,or SPLCIAT. SIGN 1 L-RMIT 93-9 AS Arritovio) IIY vir PLANNING COMMISSION ON OCTOBER 5, 1993 Dear Scott: As you are aware, the Huntington Beach Planning Commission conditionally approved Special Sian Permit 93-9 subject to the following: • 12•foot freestanding sign with a planter box at the base of the sign • Identification portion of the sign is 36 square feet • Changeable copy portion of the sign consists of 3 panels or 21 square feet. Attached is an elevation of the sign that the Commission approved. The approved sign is in con- formance with staffs recommended alternative action (13) as noted in the Planning Commission staff report, with the exception that the Commission granted Rally's an extra panel for changeable copy with staffs verbal concurrence of that extra panel at the hearing. The Commission's approval was in support of staffs alternative action and was supported by staff at the hearing. We thereby regtaest that the City Council staff report recommend denial of the appeal based on City staffs support of the sign as approved by the Planning Commission. Rally's and Southern California Restaurant Enterprises supports the decision of the Planning Com- mission, their findings and conditions of approval for Special Sign Permit 93-9 as :approved and Outlined in this letter. at r � DAVE BARTLETT ATTACHMENT NO. - _ Copies: Ray Silver, Assistant City Administrator David Malcolm, Southern California Restaurant Enterprises Dwight Capitani, Southern California Restaurant enterprises ATTACHMENT NO. 7 Findings for Denial- Special Sign Permit No. 93-9: 1. Strict compliance with Article 961 will not result in a substantial economic hardship to the applicant because the site has adequate wall signage allowed by the code. Furthermore,the color of the proposed building (red and white)will provide additional exposure for the business. 2. There are not unusual site or building characteristics that preclude Rally's Hamburgers from yielding adequate signage from the provisions of the sign code. The site is a corner site with adequate lot and building frontages for sign visibility. 3. Due to the fact that there are no unusual site or building characteristics applicable to the site, approval of a 12 foot high, 57 square foot freestanding sign would be a grant of special privilege not enjoyed by surrounding properties. A freestanding sign for this site would constitute excessive signage, which would be an aesthetic impact to the site an surrounding properties. 4. Excessive signage (freestanding and wall signs) for Rally's Hamburgers located on the northeast corner of Adams Avenue and Brookhurst Street is not compatible with the signage in the surrounding vicinity. tl PAFT B-4 SPECIAL SIGN PERMIT NO. 93-9 : APPLICANT: Southern California Restaurant Enterprises (Rally' s Burgers) LOCATION: 10001 Adams Avenue Special Sign Permit No. 93-9 is a request to install a 30 foot high, 90 square foot freestanding pole sign at the northeast corner of Brookhurst Street and Adams Avenue for a new Rally' s Hamburgers drive-thru restaurant. The applicant received Zoning Administrator approval on September 29, 1993, to establish the new restaurant/ drive-thru business (Rally Hamburgers) at the previous gas station site. The request for the special sign permit includes allowing both wall signs and a freestanding sign, on a site that permits either one or the other. In addition, the applicant is requesting to exceed the sign height and area provisions of the sign code. STAFF RECOMMENDATION: Because the site is on a corner with adequate exposure on both Adams Avenue and Brookhurst Street, staff is recommending the Planning Commission deny the request for the freestanding sign. The applicant submitted a revised request to the Commission. A discussion ensued regarding other signs in the area and their relationship to .the applicant ' s request . THE PUBLIC HEARING WAS OPENED. Dave Bartlett, 6082 Jade, representing applicant, explained the revised request submitted by the applicant. He stated they were now requesting a 15 foot sign. Bruce Cowgill, 2760 E. Spring Street, Long Beach, adjacent property owner, explained that his property 'would be requesting a sign in the near future for a major tenant. Mr. Cowgill explained his concern that if this request was approved, his request might not be considered favorable because a large sign already would be in existence. He asked the Commission to take this into consideration prior to their voting on this request. Mark Porter, 19561 Topieka, spoke in opposition to the request. He stated that the corner sign should be kept within code. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ,ATTACHMENT NO. . PC Minutes - 10/5/93 -3- (7429d) A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO APPROVEA 13 FOOT HIGH, 57 SQUARE FOOT FREESTANDING SIGN WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Richardson, Dettloff, Gorman, Inglee NOES: Biddle ABSENT: None ABSTAIN: None MOTION PASSED F_INDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO, 93-9 : 1. Strict compliance with Article 961 will result in substantial economic hardship to the applicant because the 12 foot high, 57 square foot pole sign is necessary for identification of the site. The proposed drive-thru restaurant is dependent on impulse decisions and will benefit from a freestanding pole sign. 2 . There are unusual site or building characteristics that preclude Rally' s Hamburgers from yielding adequate signage from the provisions of the sign code. The proposed restaurant building is under 900 square feet in size and is setback over 50 feet from both streets, requiring the site have both wall and a freestanding signs for adequate exposure. 3 . Due to the fact that there are special site or building conditions applicable to the site, approval of additional signage for a 12 foot high, 57 square foot freestanding sign is necessary to enjoy sign provisions enjoyed by surrounding properties . 4 . The proposed 12 foot high, 57 square foot freestanding sign will not adversely affect other signs in the area, nor will the sign obstruct pedestrian or vehicular traffic vision. The sign will comply with the minimum site angle requirement for signs within the landscape planter. 5. Additional signage for this site would not constitute an aesthetic impact to the site and surrounding properties . The proposed sign will be compatible with signage in the surrounding area . CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO, 93-9 : 1. The site plan and site elevations received and dated July 19, 1993 shall be the approved layout with the following modifications; a. Maximum height of the freestanding sign shall be 12 feet . PC Minutes - 10/5/93 -4- (7429d) t 111--.-URAFT� b. Maximum area of the Rally' s primary sign shall be 36 square feet; a changeable copy sign (maximum 3 lines of copy) may be permitted attached below the primary sign provided the total sign area of both signs does not exceed 57 square feet . c. A planter box shall be provided at the base of the sign. 2 . Prior to issuance of building permits, a copy of revised plans depicting the modifications pursuant to Condition No. 1 shall be submitted to the Community Development Department for the file. PC Minutes - 10/5/93 -5- (7429d) huntington beach department of community development STAff RE PORT EXECUTIVE SUMMARY OCTOBER 5. 1993 SPECIAL SIGN PERMIT NO. 93-9 (10001 Adams Avenue) Special Sign Permit No. 93-9 is a request to install a 30 foot high, 90 square foot freestanding pole sign at the northeast corner of Brookhurst Street and Adams Avenue for a new Rally' s Hamburgers drive-thru restaurant. The applicant received Zoning Administrator approval on September 29, 1993, to establish the new restaurant/ drive-thru business (Rally' s Hamburgers) at the previous gas station site. The request for the special sign permit includes allowing both wall signs and a freestanding sign, on a site that permits either one or the other. In addition, the applicant is requesting to exceed the sign height and area provisions of the sign code. Because the site is on a corner with �adegaute exposure on both Adams Avenue and Brookhurst Street, staff is recommending the Planning Commission deny the request for the freestanding sign. • i .ATTACHMENT N0. A-PL-FM-23D TO: Planning Commission FROM: Community Development DATE: October 5, 1993 SUBJECT: SPECIAL SIGN PERMIT NO. 93-9 APPLICANT: Southern California Restaurant Enterprises, 5150 Candlewood, #18, Lakewood, CA 90217 PROPERTY OWNER: Southland Corporation, 2828 N. Haskell Avenue, Dallas, TX 75204 REOUEST: To permit the installation of a 30 foot high, 90 square foot freestanding sign pursuant to Section 9610 . 7 of the Huntington Beach Ordinance Code. LOCATION: 10001 Adams Avenue DATE ACCEPTED: September 22, 1993 ZONE: C2-FP2 (Community Business-Floodplain) GENERAL PLAN: General Commercial EXISTING USE: Vacant (previous gas station site) ACREAGE: 0. 54 acres 1. 0 SUGGESTED ACTION: Motion to: "Deny Special Sign Permit No. 93-9 with findings for denial . " 2 . 0 GENERAL INFORMATION: Special Sign Permit No. 93-9 is a request to install a thirty foot high, 90 square foot freestanding pole sign in addition to the permitted wall signs at the recently approved Rally' s Hamburgers business, located on a corner site with less than 400 feet of frontage at the northeast corner of Brookhurst Street and Adams Avenue. The applicant is requesting to allow both wall signs and the subject freestanding sign on-site, as well as exceed the sign height and area provisions of the sign code. Section 9610 . 5(b) of the Huntington Beach Ordinance Code specifies that corner sites with less than 400 feet of frontage be restricted to either wall signs or a freestanding sign. The code also limits the size of freestanding signs on interior lots with similar frontages to seven (7) feet in height and 30 square feet in area (Bonus Signs = maximum 40 square feet) . • • 3 . 0 SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: North, East, South and West of Subject Property: GENERAL PLAN DESIGNATION: General Commercial ZONE: C2-FP2 (Community Business-Floodplain) LAND USE: Retail Commercial 4 . 0 ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 15315, Section 15 of the California Environmental Quality Act . 5 . 0 COASTAL STATUS: Not applicable. 6 . 0 REDEVELOPMENT STATUS: Not applicable. 7 . 0 SPECIFIC PLAN: Not applicable. 8 . 0 SUBDIVISION COMMITTEE: Not applicable. 9 . 0 ISSUES AND ANALYSIS: Rally' s Hamburgers recently received approval from the Zoning Administrator to establish a drive-thru restaurant at the subject site. The vacant site was the previous site of a Super Seven gas station which closed in 1989 . The proposed 30 foot double pole sign is double-faced with a red background and exposed white neon lettering and borders. The sign also includes a 50 square foot changeable copy sign approximately 12 feet from grade. The applicant indicates that the changeable copy sign will advertise food specials and upcoming promotions . The applicant identifies other freestanding signs in the immediate vicinity that are similar in size to the Rally' s proposal (see Attachment No. 1) . However, all of the other signs are either center identification signs and/or signs that are located on properties with over 400 feet of street frontage. Furthermore, all signs determined to be existing non-conforming will eventually be required to be removed or altered to conform with the present sign code. If approved, the Rally' s Hamburgers proposal will allow the 30 foot high sign in perpetuity. Staff believes that the proposed 30 foot high pole sign is excessive due to the size and location of the property. The site is a corner lot with approximately 150 of street frontage on both streets . The business will provide adequate exposure with building signs and with the building itself, as Rally' s corporate colors are carnival red and white. Furthermore, the site does not possess any unique characteristics . Therefore, staff recommends the Planning Commission deny Special Sign Permit No. 93-9 with findings . Staff Report - 10/5/93 -2- (7387d) • i Staff Alternative Staff has provided an alternative for Planning Commission consideration. Staff would support a 12 foot high, 50 square foot pole sign (see Attachment No. 3) at the corner of the site. The sign would identify Rally' s Hamburgers (approximately 36 square feet) and would include the changeable copy sign (approximately 14 square feet) . Staff believes that a sign of that size would be in keeping with the freestanding signs on the other three (3) corners . Because the proposed building is under 900 square feet in size, and setback over 50 feet from both Adams Avenue and Brookhurst Street, staff believes that a modified freestanding sign could be considered for the business. 10 . 0 RECOMMENDATION: Staff recommends that the Planning Commission deny Special Sign Permit No. 93-9 with the following findings for denial : FINDINGS FOR DENIAL - SPECIAL SIGN PERMIT NO. 93-9 : 1. Strict compliance with Article 961 will not result in a substantial economic hardship to the applicant because the site has adequate wall signage allowed by the code. Furthermore, the color of the proposed building (red and white) will provide additional exposure for the business. 2 . There are not unusual site or building characteristics that preclude Rally' s Hamburgers from yielding adequate signage from the provisions of the sign code. The site is a corner site with adequate lot and building frontages for sign visibility. 3 . Due to the fact that there are no unusual site or building characteristics applicable to the site, approval of a 30 foot high, 90 square foot freestanding sign would be a grant of special privilege not enjoyed by surrounding properties . A freestanding sign for this site would constitute excessive signage, which would be an aesthetic impact to the site and surrounding properties. 4 . Excessive signage (freestanding and wall signs) for Rally' s Hamburgers located on the northeast corner of Adams Avenue and Brookhurst Street is not compatible with the signage in the surrounding vicinity. 11. 0 ALTERNATIVE ACTION: The Planning Commission may: A. Approve Special Sign Permit No. 93-9 as submitted by the applicant with findings and conditions of approval (Attachment No. 4) ; or Staff Report - 10/5/93 -3- (7387d) B. Approve Special Sign Permit No. 93-9 as modified by staff (Attachment No. 3) with findings and conditions of approval (Attachment No. 5) . ATTACHMENTS• 1. Narrative 2 . Site plans and sign elevations dated July 19, 1993 3 . Sign elevations as modified by staff (Alternative Action B) 4 . Alternative Findings and Conditions of Approval (Alternative Action A - Applicant 's Request) 5 . Alternative Findings and Conditions of Approval (Alternative Action B - Staff Alternative) HS:W_ C;kjl Staff Report - 10/5/93 -4- (7387d) • DAVE BARTLETT� PLANNING • MANAGEMENT • DEVELOPMENT.SERVICES 6082 Jade Circle • Huntington Beach, California 92647 Phone: (714) 898-0600 • Fax: (714) 542-2915 RALLY'S RESTAURANT Proposed Project at Brookhurst&Adams Huntington Beach,California • ally's has over 450 restaurants in 25 states throughout the country and is characterized as a quick-service restaurant with double walk-up and double drive-thru service. As a result, Rally's is faster than traditional fast-service restaurants. Rally's menu consists of hamburgers,hot dogs,chicken and fish sandwiches,fries and other sandwich combinations, along with soft drinks and other non-alcoholic beverages. A limited number of outdoor seats are provided under a separate covered canopy style structure. There is no indoor seating. Please refer to the site plan for the location of the building,circulation and seating arrangement. Rally's has determined that the northeast corner of Brookhurst & Adams meets their site location criteria for a new restaurant. The site is approximately 18,436 square feet and is provided access from both Adams Avenue and Brookhurst Street as well as shared access to and from the existing shopping center adjacent to the property. The total building square footage is 880 square feet. This property was previously home to a service station. The station has been razed and site remidiation is on-going at this time. The C2 zoning is compatible with the proposed use subject to a use permit. The property is also within an FP2 designation and is subject to all the provisions and requirements of Article 940 of the Huntington Beach Municipal Code. It is anticipated that Rally's market area would include the surrounding Huntington Beach community population as well as drive-by traffic from people coming to and from the beach, • work place and other areas. The immediate project area is characterized by the land uses that surround and are adjacent to the intersection of Brookhurst and Adams. Most of these uses are commercial and retail in • nature, consisting of banks, service stations, grocery stores, etc., typical of the types of businesses one would find in a community shopping center. A graphic depiction of the proposed Rally's site relative to surrounding land uses is provided on the following page. • ATTACHMENT NO. 1 1 1 i • 30 • • DAVE BARTLETO PLANNING •MANAGEMENT • DEVELOPMENT SERVICES 6082 Jade Circle • Huntington Beach, California 92647 Phone: (714) 898-0600 • Fag: (714) 542-2915 • RALLY'S RESTAURANT Proposed Project at Brookhurst&Adams Huntington Beach,California The proposed Rally's location is a corner property located within an existing shopping center. Land uses in the immediate vicinity of the proposed Rally's are commerciaVretail in nature as illustrated below: SHOPPINGEXISTING CENTER Major Tenants: .: Sam Goody C1 Wor ld Cloth >: 0n-S v Drugs Save -On Tenants: g Mervyn's Petland L.A Tr ni o cs Rally's Site y • >'`Coast Federal i Adams Avenue Major Tenants: Major Tenants: Targ et 1 Abert n • b so s Shell1 Gas e wne D Savings o Sa s B of A N Y Goodyear Auto Lube/Wash Offices g GQ North :..... o • • SPECIAL SIGN PERPoT"o10001 ► • 31 � DAVE BARTLETT PLANAG • MANAGEMENT • DEVELOPME SERVICES 6082 Jade Circle • Huntington Beach, California 92647 Phone: (714) 898-0600 • Fag: (714) 542-2915 • RALLY'S RESTAURANT Proposed Project at Brookhurst&Adams Huntington Beach,California SPECIAL SIGN PERMIT What exceptional circumstances apply to petitioned property (including size, shape, topography, - location or surroundings) that deprive it of privileges normally enjoyed? The immediate surroundings include signage up to and over 100 feet in height with the average free- standing sign approximately 25-35 feet. Will the request constitute a grant of special privilege inconsistent with normal limitations? No. Several businesses in the vicinity have free-standing signs that are of the same size, shape and area as the proposed Rally's free-standing sign. • Why is this request necessary for the preservation and enjoyment of one or more substantial property rights? Effective signage is critical to the success of a retail establishment, and in particular to quick service • restaurants. The Special Sign Permit will allow Rally's to compete with other fast food and retail businesses in the area by allowing appropriate identification and exposure of the site, similar to existing businesses in the vicinity. Without the Special Sign Permit, the "playing field" would be uneven, costing Rally's customers and ultimately, less of an economic return on their investment than their competitors and other retailers in the area. • State reasons why the granting of this request will not be materially detrimental to the public welfare. • 1. This request is consistent with other signage in the area. 2. This permit would facilitate pedestrian and circulation movements to and within the site. 3. The signage and architecture combine to create an attractive, distinctive look, that is visually • appealing. 4. Signage will be placed in order that appropriate site distances will be adhered to. n 1 1 1 1 • 32 • STAFF ' ALTEJ NATIVE q _o CJL•J' GJL'7NJG1 � QG•JE4 Cli�C�hBt.E � �u:Ys �PrC � F" _ ..N q `O �O NOT TO SCALD .o N M AXI n-tutit Aim} - 5o s�G . �T. ATTACHMENT N0. 3 ATTACHMENT NO. 4 ALTERNATIVE ACTION "A" (Applicant ' s Request) ALTERNATIVE FINDINGS AND CONDITIONS OF APPROVAL SPECIAL SIGN PERMIT NO. 93-9 FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 93-9 : 1. Strict compliance with Article 961 will result in substantial economic hardship to the applicant because the proposed pose sign is necessary identification of the site. The proposed drive-thru restaurant is dependent on impulse decisions and will benefit from a larger, noticeable sign. 2 . There are unusual site or building characteristics that preclude Rally' s Hamburgers from yielding adequate signage from the provisions of the sign code. The proposed restaurant building is under 900 square feet in size and is setback over 50 feet from both streets, requiring the site have both wall and a freestanding signs . 3 . Due to the fact that there are special site or building conditions applicable to the site, approval of additional signage for a 30 foot high, 90 square foot freestanding sign is necessary to enjoy sign provisions enjoyed by surrounding properties . 4 . The proposed 30 foot high, 90 square foot freestanding sign will not adversely affect other signs in the area, nor will the sign obstruct pedestrian or vehicular traffic vision. The sign will comply with the minimum site angle requirement for signs within the landscape planter. 5 . Additional signage for this site would not constitute an aesthetic impact to the site and surrounding properties . The proposed sign will be compatible with signage in the surrounding area. SUGGESTED CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 93-8 : 1. The site plan and sign elevations dated and received July 19 , 1993 shall be the conceptually approved layout . 2 . Building and electrical permits shall be obtained prior "to installation of all signs. 3 . The Planning Commission reserves the right to. rescind this special sign permit approval in the event of any violation of the applicable zoning laws . Any such decision shall be preceded by notice to the applicant and a public hearing , and shall be based on specific findings. (7387d-5) • ATTACHMENT NO. 5 ALTERNATIVE ACTION "B" (Staff Alternative) ALTERNATIVE FINDINGS AND CONDITIONS OF APPROVAL SPECIAL SIGN PERMIT NO. 93-9 FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 93-9 : 1. Strict compliance with Article 961 will result in substantial economic hardship to the applicant because the 12 foot high, 50 square foot pole sign is necessary for identification of the site. The proposed drive-thru restaurant is dependent on impulse decisions and will benefit from a freestanding pole sign. 2 . There are unusual site or building characteristics that preclude Rally' s Hamburgers from yielding adequate signage from the provisions of the sign code. The proposed restaurant building is under 900 square feet in size and is setback over 50 feet from both streets, requiring the site have both wall and a freestanding signs for adequate exposure. 3 . Due to the fact that there are special site or building conditions applicable to the site, approval of additional signage for a 12 foot high, 50 square foot freestanding sign is necessary to enjoy sign provisions enjoyed by surrounding properties . 4 . The proposed 12 foot high, 50 square foot freestanding sign will not adversely affect other signs in the area, nor will the sign obstruct pedestrian or vehicular traffic vision. The sign will comply with the minimum site angle requirement for signs within the landscape planter. 5 . Additional signage for this site would not constitute an aesthetic impact to the site and surrounding properties . The proposed sign will be compatible with signage in the surrounding area. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 93-9 : 1. The site plan and site elevations received and dated July 19, 1993 shall be the approved layout with the following modifications; a. Maximum height of the freestanding sign shall be 12 feet. b. Maximum area of the Rally' s primary sign shall be 36 square feet; a changeable copy sign may be permitted attached below the primary sign provided the total sign area does not exceed 50 square feet . c. A planter box shall be provided at the base of the sign. 2 . Prior to issuance of building permits, . a copy of revised plans depicting the modifications pursuant to Conditional No. 1 shall be submitted to the Community Development Department for the file. (7387d-6) NOTICE OF PUBLIC HEARING /!1/g APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF SPECIAL SIGN PERMIT NO. 93-9 (Rally Hamburgers Pole Sign) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers at the Huntington Beach Civic Center,2000 Main Street,Huntington Beach,California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TTME: Monday,November 15, 1993, 7:00 PM APPLICATION NUMBER: Appeal of The Planning Commission's Conditional Approval of Special Sign Permit No.93-9 APPLICANT: Southern California Restaurant Enterprises APPELLANT: Councilmember Dave Sullivan LOCATION: 10001 Adams Avenue(Northeast corner at Brookhurst Street) ZONE: C2-FP2(Community Business-Floodplain) REQUEST: Appeal of the Planning Commission's action approving a 12 foot high, 57 square foot freestanding pole sign for the recently approved Rally Hamburgers'Drive-thru Restaurant pursuant to Section 9610.5 of the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15315, Class 15 of the California Environmental Quality Act. COASTAL STATUS: Not applicable ON FILE: A copy of the proposed request is on file in the Community Development Department,2000 Main Street,Huntington Beach,California 92648,for inspection by the public. A copy of the staff report will be available to interested parties in the City Clerk's office after November 12, 1993. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk,written evidence for or against the application as outlined above. If there are any further questions please call Wayne Carvalho,Assistant Planner at 536-5271. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 (714)536-5227 (wclp94) NOTICE OF PUBLIC HEARING APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF SPECIAL SIGN PERMIT NO. 93-9 (Rally Hamburgers Pole Sign) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers at the Huntington Beach Civic Center, 2000 Main Street,Huntington Beach, California, on the date. and at the time indicated below to receive and,consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday,November 15, 1993, 7:00 PM APPLICATION NUMBER: Appeal of The Planning Commission's Conditional Approval of Special Sign Permit No. 93-9 APPLICANT: Southern California Restaurant Enterprises. APPELLANT: Councilmember Dave Sullivan LOCATION: 10001 Adams Avenue(Northeast corner at Brookhurst Street) ZONE: C2-FP2(Community Business-Floodplain) REQUEST: Appeal of the Planning Commission's action approving a 12 foot high, 57 square foot freestanding pole sign for the recently approved Rally Hamburgers'Drive-thru Restaurant pursuant to Section 9610.5 of the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15315,Class 15 of the California Environmental Quality Act. COASTAL STATUS: Not applicable ON FILE: A copy of the proposed request is on file in the Community Development Department,-2000 Main Street,Huntington Beach,California 92648, for inspection by the public. A copy of the staff report will be available to interested parties in the City Clerk's office after November 12, 1993. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk,written evidence for or against the application as outlined above. If there are any further questions please call Wayne Carvalho,Assistant Planner at 536-5271. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 (714)536-5227 (wclp94) 1 J CITY OF HUNTINGTON BEACH 0 CITY COUNCIL COMMUNICATION HUNTINGTON BEACH TO: Connie Brockway, City Clerk l FROM: Dave Sullivan, City Council Member / DATE: October 15, 1993 SUBJECT: SPECIAL SIGN PERMIT NUMBER 93-9 C= Vl I would like to appeal Special Sign Permit Number 93-9 in order to have the City Council U"; examine the height and number of panels of the twelve foot high freestanding sign approved the Planning Commission. DS:paj `� NOTICE OF PUBLIC HEARING APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF SPECIAL SIGN PERMIT NO. 93-9 (Rally Hamburgers Pole Sign) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers at the Huntington Beach Civic Center,2000 Main Street,Huntington Beach,California,on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday,November 15, 1993, 7:00 PM APPLICATION NUMBER: Appeal of The Planning Commission's Conditional Approval of Special Sign Permit No. 93-9 APPLICANT: Southern California Restaurant Enterprises APPELLANT: Councilmember Dave Sullivan LOCATION: 10001 Adams Avenue(Northeast corner at Brookhurst Street) ZONE: C2-FP2 (Community Business-Floodplain) REQUEST: Appeal of the Planning Commission's action approving a 12 foot high, 57 square foot freestanding pole sign for the recently approved Rally Hamburgers'Drive-thru Restaurant pursuant to Section 9610.5 of the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15315, Class 15 of the California Environmental Quality Act. COASTAL STATUS: Not applicable N FI A copy of the proposed request is on file in the Community Development Department,2000 Main Street,Huntington Beach, California 92648,for inspection by the public. A copy of the staff report will be available to interested parties in the City Clerk's office after November 12, 1993. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk,written evidence for or against the application as outlined above. If there are any further questions please call Wayne Carvalho,Assistant Planner at 536-5271. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 (wclp94) Approved by City Adm0tration • f COVER SHEET FOR CITY COUNCIL PUBLIC HEARINGS N/A YES NO ( ) (7�Wa's City Council or Planning Commission public hearing notice typed on Wang? If appeal, are appellant and applicant shown on legal notice? If housing is involved, is "legal challenge paragraph" included? ( ) ( ) If Coastal Development Permit, are the RESIDENT labels attached and is the Coastal Commission Office on the labels? ,�, ( ). Is Title Company verification letter attached? O ( O Were the latest Assessor's Parcel Rolls used? Is the appellant's name and address part of the labels? CCVAJU e— (� ( ) Is day of public hearing correct - Monday/Tuesday? ( ) ( ) Has the City Administrator's Office authorized the public hearing to be set? Is there an Environmental Status to be approved by Council. Are th appellant/ plicant's names and addresses on mailing labels? P��,� "ALL INTERESTED PERSONS are invited to attend said hearing and expeMs opinions or submit to the City Clerk written evidence for or against the application as outlined above. If there are any further questions please, call (insert name of Planner) at 536-5227." For Public Hearings at the City Council level please insert the above paragmph of the public hearing notice: CONNIE BROCKWAY, CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET - 2ND FLOOR HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5227 1350K - 9/93 i 10001 Adams Ave 793621 Huntington Beach CA 92646 Tenants within center July 12 1993 155 051 10 155 051 05 155 051 05 155 051 07 Sav-On Drugs Tenant Sam Goody 10011 Adams Ave 10061 Adams Ave 10111 Adams Ave Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 155 051 05 155 051 05 155 051 07 Tenant Tenant Petland 10039 Adams Ave 10063 Adams Ave 10111 Adams Ave Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 155 051 05 155..051 06 155- 051 12 Tenant Tenant Tenant 10033 Adams Ave 10087 Adams Ave 10115 Adams Ave Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 155 051 05 155 051 06 155 051 12 Tenant Tenant Tenant 10041 Adams Ave 10089 Adams Ave 10119 Adams Ave Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 155 051 05 155 051 06 155 051 11 Tenant Tenant 10097 Adams Ave Tenant 10043 Adams Ave 10113 Adams Ave Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 155 051 05 155 051 07 �g Tenant Tenant 7i �"� �Z,c� 10055 Adams Ave 10101 Adams Ave lfu�cJflnrGTU�U �"'`-'�1 Huntington Beach CA 92646 Huntington Beach CA 92646 Cr�i/7 155 051 05 155 051 07 Tenant Tenant 10057 Adams Ave 10109 Adams Ave Huntington Beach CA 92646 Huntington Beach CA 92646 155 051 05 155 051 07 Tenant Cloth World 10059 Adams Ave 10111 Adams Ave Huntington Beach CA 92646 Huntington Beach CA 92646 i I ' i 10001 Adams Ave 793621 Huntington Beach CA 92646 Tenants within center July 12 1993 155 051 10 155 051 05 155 051 05 155 051 07 Sav-On Drugs Tenant Sam Goody 10011 Adams Ave 10061 Adams Ave 10111 Adams Ave Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 155 051 05 155 051 05 155 051 07 Tenant Tenant Petland 10039 Adams Ave 10063 Adams Ave 10111 Adams Ave Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 155 051 05 155_051 06 155- 051 12 Tenant Tenant Tenant 10033 Adams Ave 10087 Adams Ave 10115 Adams Ave Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 155 051 05 155 051 06 155 051 12 Tenant Tenant Tenant 10041 Adams Ave 10089 Adams Ave 10119 Adams Ave Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 155 051 05 155 051 06 155 051 11 Tenant Tenant Tenant 10043 Adams Ave 10097 Adams Ave 10113 Adams Ave Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 155 051 05 155 051 07 Tenant Tenant (C)g v J 5 10055 Adams Ave 10101 Adams Ave nCA)fI N-&nW e`en# Ck Huntington Beach CA 92646 Huntington Beach CA 92646 155 051 05 155 051 07 Tenant Tenant 10057 Adams Ave 10109 Adams Ave Huntington Beach CA 92646 Huntington Beach CA 92646 155 051 05 155 051 07 Tenant Cloth World 10059 Adams Ave 10111 Adams Ave Huntington Beach CA 92646 Huntington Beach CA 92646 T � i 10001 Adams Ave 793621 Huntington Beach CA 92646 Tenants within center ----_July..12._19.93- --- -- —' -------- --=--=.-------- - -- -- ---- - ----------- 155 051 10 I ---:- .n. i c E � � ` � .1151-461-24 151-461-28 151 461 ! Shell Oil Co Nevada Investment Holdings Inc Pacific S wo Po Box 2099 220 Congress Park Dr 230 P- Bo x � Houston Tx 77252 Delray Beach Fl ` 33445 L geles CA 90 ` 153-171-01 153-171-02 155-051-05 ' Allan A Fainbarg Allan A Fainbarg Sav-On-Realty Inc 890 Baker St 200 890 Baker St 200 3030 Cul lerton St Costa Mesa CA 92626 Costa Mesa CA 92626 Franklin Park Il 60131 155-051-06 155-051-07 155-051-10 Robert H Cowgill Allan T Fainbarg John H Rodgers 2760 E Spring St 200 89006aker St 200 2828 N Haskell Ave Long Beach CA 90806 Costa Mesa CA 92626 Dallas Tx 75204 155-051-11 155-051-12 155-181-03 C K S Development Co Robert T Cowgill David F Wilhelm ' 2760 E Spring St 200 2760 E Spring St 200 10028 Adams Ave Long Beach CA 90806 Long Beach CA 90806 Huntington Beach CA 92646 - 155-181-04. gnin 05 155-101-25 Downey Savings & Loan Assn Business Properties Partnershi Po Box 6010 Po Box 60,50 17631 Fitch Newport Beach CA 92658 sa CA 92��6 Irvine CA 92714 c��~- '— ' *** 15 Printed *** 671508w*NVLEW0DP ' I+I b 151-461-29 -�m � m�0^ �� 9bJ/ � Bank Of America NT&GA 165-181-05 Q Tax Analysis & Compliance 3025-R Downey Savings & LOdD Assn ` P. 0. Box 37000 - . QoTWounti6Q Dept. San Francisco, CA 94137 Newport Beach, CA 92058 ' ' ' ' 151-461.-24 151-461-28 151-4b1-2 9- Shel1 Oil Co Nevada Investment Holdings Inc Pacific Southwest--Realty Co Po Box 2099 220 Congress Park. DO 2=:0 F'o Box 'Z09T Houston T;: 77252 Delray Beach Fl 445 Lps--A-n3el es CA 90051—. 153-171-01 153-171-02 155-051-05 Allan A Fai.nbar•g Allan A Fainbar•g Sav-On-Realty Inc 890 Baker St 200 890 Baker St 200 8030 Cul 1 er•ton St Costa Mesa CA 92626 Costa Mesa CA 92626 Franklin Park I1 60131 • 155-051-06 155-051-•07 155-051-10 Robert H Cow3i 1 1 Allan T Fai.nbar•g John H Rodgers 2760 E Spring St 200 890WWer• St 200 2828 N Haskell Ave Long Beach CA 90806 Costa Mesa CA 92626 Dallas Tx 75204 155-051-11 155-051-12 1.55-181-0 C OO�lINey SR✓/.!/�S C k S Development Co Robert T Cowgi.11 David F Wilhe m 2760 E Spring St 200 - 2760 E Spring St 200 10028 Adams Ave Long- Beach CA 90806 Long Beach CA 90806 Huntington Beach CA 92646 155WI81-04 155-181-25 Downey Savings & Loan Assn Rowney Savlogs-&--L-oan Assn Business Properties Par•tner•shi Po Box6010 F'o Box60r0 �' -- 17681 Fitch Newport Beach CA 92658 Costa-Mesa CA 92626 Ir•vi.ne CA 92714 • So��R�l GM-�F�C�tllk(l�StM�HrN('E�/�KE9 �cxae 15 Printed 51$0 C404JOLEUMP • K I b 151-461-29 (.pWaDO, GA• 9071� Bank of America NT&SA 155-181-05 c/o Tax Analysis & Compliance 3025-R Downey Savings & Loan Assn P. 0. Box 37000 d/oAccounting Dept. San Francisco, CA 94137 NA. Box 6000 Newport Beach, CA 92658 HOME-OWNER6 ASSOCIATIpN N VNTINATON BEAC 4,CALIFORN IA, P.O. Box 6883, Huntington each, C lifornia 92615 Nov. 10, 1993 Mayor & City Council City of Huntington Beach 2000 Main St. Huntington Beach CA 92648 Subject: Appeal To Approval Of Special Sign Permit No. 93-9 As you aware the Meredith Gardens Homeowners Association continues to be concerned with the economic growth of business at Brookhurst and Adams and the enforcement of city codes. We believe the Planning Commission approval of Special Sign Permit 93-7 violates city code; is a grant of special privelege that other restaurants and businesses do not enjoy; and will be detrimental to future commercial growth. THe special sign permit was adopted to improve signage of commercial areas and reduce visual blight. The special sign permit provision was not adopted tp provide a means to circumvent the provisions of the sign code. Our findings are listed below. A. Sign ordinance does not allow: Special sign permit allows: Pole sign Pole sign Changeable copy Changeable copy Signs over 7 ft. high 12 ft. high sign Signage exceeding 30 sq. ft. Signage of 71 sq. ft. A monument sign and a wall sign Pole sign and wall sign B. Rally's competitors on Brookhurst and Adams - Pollo Loco, Green Burrito and Polly's have monument signs conforming to ordinance as do other commercial entities who have gone into business since the last revision of the sign ordinance. We request this City Council uphold ordinances and over rule the Planning Commision's approval of Special Sign Permit 93-9 per the findings stated above. Sincerely, e- R. Riedesell, President E6� I-!d Lh Z1 Meredith Gardens Homeowners Assoc. �C "k LE:'• a3✓tii3�3r � +jA?,OV./a 4,fJ • SHIRLEY A. KERINS II Landscape Design 20061 Colgate Circle Huntington Beach,CA 92(A6 a I. Ij a U o� I y NOTICE OF PUBLIC HEARING APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF SPECIAL SIGN PERMIT NO. 93-9 (Rally Hamburgers Pole Sign) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers at the Huntington Beach Civic Center,2000 Main Street,Huntington Beach, California,on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday,November 15, 1993, 7:00 PM APPLICATION NUMBER: Appeal of The Planning Commission's Conditional Approval of Special Sign Permit No. 93-9 APPLICANT: Southern California Restaurant Enterprises APPELLANT: Councilmember Dave Sullivan • LOCATION: 10001 Adams Avenue(Northeast corner at Brookhurst Street) ZONE: C2-FP2(Community Business-Floodplain) REQUEST: Appeal of the Planning Commission's action approving a 12 foot high, 57 square foot ' freestanding pole sign for.the_recently-approved Rally Hamburgers'Drive-thru Restaurant pursuant to Section.9610.5-of the-Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15315, Class 15 of the California Environmental Quality Act. COASTAL STATUS: Not applicable ON FILE: A copy of the proposed request is on file in the Community Development Department,2000 Main Street,Huntington Beach,California 92648,for inspection by the public. A copy of the staff report will be available to interested parties in the City Clerk's office after November 12, 1993. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk,written evidence for or against the application as outlined above. If there are any further questions please call Wayne Carvalho,Assistant Planner at 536-5271. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street 'Huntington Beach;CA.92648 : .. .:, ::(714)-536-5227 (wclp94)• • Connie Brockway,City Clerk �•�,."..�.,...-�_,..-.,.,:...M..�...v. ..,--.. .. t o i Ujti - City of Huntington Beach � r r ;` >�'?�=f`-' e:k t' r c` •.!:._�-�=- 1,S.`OS Nu�..�'e.-•.•". Office of the City Clerk tf. ¢d 1� L ` L = NuJ 5 1� r P.O. Box 190 _ Huntington Beach,CA 92648 °�� g dw:° ?$ ,.., y r i GTpy� T 5enanb5'1,,..12 _�HCOfl POM47F� F� rti ^r':..e',,; 10115.Adam ls'Ave Hun#iington"B h CA 92646 9�fJl� F'a 17. 1909.p� �DUNTI �P LEGAL NOTICE - PUBLIC HEARING 4 `�