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HomeMy WebLinkAboutPublic Hearing - Appeal of PC Conditional Approval of Speci .J"je CITY OF H`JNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 13, 1992 Mr. Mark Frank San Pedro Sign Company 701 Lakme Avenue Wilmington, CA 92680 Dear Mr. Frank: The City Council of the City of Huntington Beach at its regular meeting held Monday, August 2, 1992, conditionally approved your application for Special Permit 93-4. 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 August 13, 1992, to apply to the courts for judicial review. A Statement of Council Action will be mailed to you together with the conditions of approval. 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: City Administrator City Attorney Community Development Director Malcom Mentor, Busybody, Inc. Al Brotsky, Al & Ed's Autosound 1051K (Telephone:714536-5227) 'Title 1 • WRIT OF MANDATE §0094.6 exhibits, all rejected exhibits in the possession of the local agency or its commission, board, officer, or agent, all written evidence, and any other papa's in the cnsc. (d) if the petitioner files a request for the record ns specified in suhdivisictn .(c) within ill days after the Hate the decision becomes fi- nal as provided in subdivision (b), the time within which a petition pursuant to Section 109-1.5 may he filed shall he 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 rec- ord, If he has one. (e) As used in this section, decision means adjudicatory admin- istrative decision made, after hearing, suspending, demoting, or dis- missing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retire- ment 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 within which judicial review must be sought is governed by this section. As used in this subdivision, "party" means an officer or em- ployee who has been suspended, demoted or dismissed; a person whose permit or license has been revoked or whose application for a permit or license has been denied; or a person whose application for a retirement benefit or allowance has been denied. (g) This section shall be applicable in a local agency only if the governing board thereof adopts an ordinance or resolution making this section applicable. If such ordinance or resolution is adopted, the provisions of this section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter. - (Added by Stats.1976, c.276,p.581, § 1.) Forms See West's Califoruin Cade Formu, Civil Procedure. Library References Admioit:tnttive late• and I'rocelure C.J.S. Publir Administrative Bodies and C=7J3. Procedure g 193. Notes of Decisions In general I 11111t imblic emidnynteot rrlationx hunni Exhaustion of administrative remedies 2 had vx,•Io.-ivu jurimtlic•tion to determine whether the unfair pruedue chargem were Instirit-d; nod, in view of tearherx' failure In erlontst their mlministrative reutedics 1. In general under the !(adds Act. triul court erred in Sehool hoard's 'imilrtt-•rtt) freezing of granting writ of ntnodute to compel xniter- tcnOwns' uahtries after hejeinniog or nuw inlendrtu of district tmd others to ruixe st-hool }'enr, while e•mtrnvl negotiations xnlnti•s of vertnin trnehoru. Ainndot Vitt- were- i.ewliug, nrguohly wnH tut unfair h-,v -K,v;mdary I-Anentorr Ams'n %. Newlin ltrucliee illviutution of the ltoddli .1ct Hit (1079) 151 Cul.Itptr. 724, `d.Y C.A.Jd '..bl. 675 § 1094.5 SPECIAL PROCEEDINGS Part 3 Note 378 n.attded for new• trial de not-•. 1'n•x-•o•l �. Inine.l e-uni, 1;.<inuvr hnd ui, jurimli,•linn 1•alifornin Vnemploynteut lux. .\I.ponlx 11-1. nn-I did eel deterntlue owritx, Wrateru Air (1117tt) 1'.;7 OtUttor, 510, 57 C.A.ad 29. Lines ltw, v, toldetki (11161) 1'.1 CrtUtlitr. Trial eourt's Jodgnteut -I.n' ing writ of 7111, 11)1 C.A.'_d 309. ninutlute to compel director of ugrieultore lenet tbnt letter dixchargiug xatior tvp- to set nxide his deoixion ret•oking IIItllino- Ixt cl.•rk in office atf count) clerk xtuted er's lioense its nireraft pilot iu haxntexx --t Ihnt Klee wax guilly of ioixeondurt in re- post control w•nx reverxed uud case re modal; publie rreurdx fr-au Ihn files and nimuled In trial court wish dir-•ciiunx to nnttilating and xcereting than on vnrioux remand east; to direetor fur purpose of dutcx• wherenx in hearing before county 1 reeonxideriug the pelmlty previously ho. eivil service conunixxian evidence was in. posed, where it wait found dint some of traduced only as to what took place on tho charges against petitioner worn not one of the -hrtes, did not require the. ilia- xopported - by evidence. Wingfield v. Irict court of nitlteal on ,tl.penl frnm judr- Director of Agriculture (1117Y) 1(13 Col. ment xw•urding xcnior typi.•t clerk writ of Rptr.019,20 C.A.3d 209. mandnte, after reversing the Judgmeut of Proceeding for review of -leainl by tom- the superior court, to rinlnnd the matter mfxsloner of rvirpnrationx of permit to to the v-•motixxion for rt•--otssideration, 01hilgo voting rights of shareholders whorn thorn wax n ximilnritv of facts stir- would be retnnndnd to xnlierior court for rounding rcnu-val of the documents on all of the dales. Prxlt v. Lax .\ugelex Conn- detcrminntion whether there wait snbrtau tV Civil Sen'ice Vonttnissiuu (1952) 238 tial evidence to support umoniseiuuer's 1'::d 3,lily C.A.2d alas fiudinfs, where court improperly deter- 1094.6. Judicial review; decisions of local agencies; petition; filing; time; record; decision and Marty 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 thereof, may be had pursuant to Section 1094:5 of this code only if i the petition for writ:of mandate pursurint to such section is filed Y.,ithin 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, chatter, or rule, for the purposes of this section, the decisiCn- 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; provided, that if reconsideration is sought pursu- ant to.any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. (c) The complele trcord of the proceedings shall be prepared by llle Itw-al agency or 111 volllinis!-.imi, lac ird, offll'er, or agent which made the decision and shrill he Holivered to the petitioner within 90 trays titter• he has filed ra 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 iht: proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted 674 t ' .,e ANALYSIS: Proiect Description: Special Sign Permit No . 93-4 is a request to allow an existing 16 .foot high, 58 . 5 square foot freestanding sign to remain without modification to comply with the current sign code, Article 961. The proposal does not comply with the sign code because freestanding signs are not permitted on a small corner parcel when wall signs are utilized. Project Background: The freestanding sign was originally installed in 1984 . Busybody Fitness Equipment went into business in 1987 and Al and Ed' s Auto sounds opened in 1991. In 1991 a Limited Sign Permit was granted by the Planning Commission to allow a change of copy on the freestanding sign. However, the conditions of the. Limited Sign Permit were never complied with; no building permit was issued and no bond posted to guarantee removal of the sign. Therefore, the Limited Sign Permit expired. A search of building permits revealed no permit has ever been issued for any change of copy on the freestanding sign since originally installed. Subsequently, Special. Sign Permit No. 93-4 was processed to allow the sign to remain indefinitely but with a staff recommendation for denial based on the fact that the nonconforming sign had been modified without city building permits and that adequate signage on the building identified the businesses on the site. The Planning Commission conditionally approved the Special Sign' Permit . Appeal: The applicant/appellant is appealing two of the conditions . These , require: • There are three (3) wall signs currently on the building face (see Attachment No. 4 for location) . Signs designated as C, D, and E to be removed. • A covenant to be recorded to assure that the freestanding sign will be brought into conformance with the code at such time as a second panel needs replacement as a result of a business or name change. The appellant states that the wall signs are necessary to provide exposure to passing motorists to ensure the success of the businesses . He also asserts that the removal of the freestanding sign when one of the tenants leaves would create an unfair situation to the remaining tenant and landlord. `D............ ji-JL) RCA 8/2/93 -2- (7186d) J. Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92646 June 18, 1993 Mark Frank San Pedro Sign Company 701 Lakme Avenue, Wilmington, CA 90744 SUBJECT: SPECIAL SIGN PERMIT NO. 93-4 REQUEST: To allow an existing 16 foot high, 58 . 5 square foot sign to remain without modification to comply with current sign code, Article 961. LOCATION: 16732 Beach Boulevard DATE OF APPROVAL: June ;15; 1993 FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 93-4 : • 1. Strict compliance with Article 961 will result in a substantial economic hardship to the applicant . $oil 2 . The continued. use of a freestanding._ sigMwill not adversely affect other signs in the area. 3 . The continued use of a freestanding sign at 16732 Beach Boulevard will not be detrimental to property located in the vicinity of such sign; and will be compatible with the surrounding area. 4 . The continued use of a freestanding sign at 16732 Beach Boulevard will not obstruct pedestrian or vehicular traffic vision. S CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO 93-4 : 1. . The site plan and sign elevations received and dated April . 1, 1993 shall be the approved layout Lwit' = ?, wing a • E shall be tl ATTACHMENT NO. 110 Special Sign Permit No. .93-4 Page Two _ 2 . within 90 days, a covenant shall be submitted for review and approval by the City Attorney and Community Development Department to assure that the freestanding sign is brought into conformance with the code at such time as a second panel needs replacement as a result of a business change or name change.; unless a subsequent special sign permit is approved. The convenant shall be recorded with the County Recorder and copy submitted to the Community Development Department . 3 . The Planning Commission reserves the right to rescind this special sign permit approval in the event of any violation of the terms 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 . I hereby certify that Special Sign Permit No. 93-4 was approved by the Planning Commission of the City of Huntington Beach on June 15, 1993 upon the foregoing findings and conditions . This approval represents conceptual approval only; detailed plans must be submitted. for review and the aforementioned conditions completed prior to final approval . Sincerely, Mike Adams, Secretary Planning Commission by: S of Hess Senior Planner (707ld-11, 12) ATTACHMENT NO. 2- APPROVED Ey CI' CoUNCII: STATE OF CALIFORNIA County of of Orange CTCYCLERK 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 of pug�IC NOTICES =-_' r QN FILE>A co Hof the interested in the below entitled matter. I am. a f 4 proposed requestls ont�le k ti-_NOTICE OF in thgPCommupity Develop- principal clerk of the HUNTINGTON BEACH PUBLf0Z.ARING menc,Department t 2000 SPECIAL'SIGN' MainStreet;x Huntington INDEPENDENT a newspaper of general PERMITNO'83.4x" Beach California 92t34q, 9 APPEAL - for hspection,by the pub' � lip-A copy-of-the staff,,re- circulation, printed and published in the City of (To allow existing ort+will)6e evailableto 16 foot`si. n p ^,, 9 1 ��� terested parties at City'Hall Huntington Beach, County of Orange, State of NOTICE, IS. HEREBY or'theT Ra!,W � Ubra_ry �GIVEN�that xth@xHuntington (7111 Talberf:Avenue)-after California, and that attached Notice is a true and Beach,,-�C�ty'-Council"will July 28 r hold a p blic hearing in-the TALL =INTERESTED kPER- complete copy as was printed and published in cpuncil Chamber at the SONS aretinwted�to'rattend. 'l jC;R I"—e e} Huntington Beach Civic saiiJ hearng 'and express` the Huntington Beach and Fountain Valley Center 420gQfh ain Sin sst opmions� or Fsubmit-Levi' Huntington Beach, Califor Bence for or''against-'the issues of said newspaper to wit the issue(s) of: N6 on the date'and at the ap#plicatioa has outlined ttimeindicated below_to rem above -if-you challengefthe ceive ..and consider thei City Council'§ ac6ont0rin statements o1.f ialll persons) tcourt; you may be limited p l to ralsmg only"those`is`sues Who wish to be heard"rela you Iv 1�s onieone"6efse catw live to the applin-tie . scribed°below,`u:�rz<;. raised at the public hearing DATE/TIME Monday•AU-1described'in.-this notice; or i c- res ondenc3 Ast52,1993 7t00 PM in swntten` July 22, 1993 PPLICATION NUMBER,idelivered tothe'�rtyatrdr Special Sign Perimt No 93. prior to the public hearing., If 'th further ere ares'any ,APPLICANT/APPELLANT j questions. please call Mark Frank; San Pede' 'Su'san Pierce; Associate, Si n.,Corn and Planner,of 536-5271`i * OCATION 16732 ABeach Connie 'Brockway, Boulevard 4; Clty Clerk, CITY .OF ZONE:C4 (Highway Com HUNTINGTON BEACH;= mercial) >. ui r;.Rubhshed;Huntington: REQUEST: Appeal to the Beach Fountain Valley +ln: Planning Commission's depende, Uf" 1993.r' conditional :approval ,to p74-836`� alloW an existing norj= j [conforming 16 -foot.'-4 high, 58S-square-foot sign tore= main without being modk' Pied to conform to code. s ' EN.VIRONMENTAL':.-STA- TUS*-,Categorically exempt ao'.Section:1-5301, Class.-le of the California Environs Mental Quality Act I declare, under penalty of perjury, that the -COASTAL STATUS: Note foregoing is true and correct .applicable � Executed on July 22 , 199 ram. at Costa M a, California Signature p PROOF OF PUBLICATION 0 92 i REQ ST FOR CITY COUN IL ACTION Date August 2, 1993 Submitted to: Honorable Mayor and City Council Mem ers Submitted by: Michael T. Uberuaga, City Administrato l Prepared by: Michael Adams, Director of Community Developme Subject: APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROE OF SPECIAL PERMIT NO. 93-4 Consistent with Council Policy? Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: Qom/ STATEMENT OF ISSUE• Transmitted for your consideration is an appeal of the Planning Commission' s conditional approval of Special Sign Permit No. 93-4, a request to allow an existing 16 foot high, 58 . 5 foot square foot freestanding sign to remain without being modified to conform to code. The sign advertises Busybody & Al & Ed' s Auto Sound and is located at 16732 Beach Boulevard. The applicant is appealing two of the conditions imposed by the Planning Commission which require the removal of three existing wall signs and the recordation of a covenant to ensure that the freestanding sign will be brought into conformance with the code at the time a second panel needs replacement. RECOMMENDATION: Planning Commission Recommendation: Motion to: "Affirm the Planning Commission' s approval of Special Sign Permit No. 93-4 with findings and conditions of approval (Attachment No. Planning Commission action on June 15, 1993 : On motion by Gorman and second by Richardson, the Planning Commission approved Special Sign Permit No. 93-4 with findings and conditions by the following vote: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED 00D P10 5/85 0 • ANALYSIS• Project Description: Special Sign Permit No. 93-4 is a request to allow an existing 16 foot high, 58 . 5 square foot freestanding sign to remain without modification to comply with the current sign code, Article 961. The proposal does not comply with the sign code because freestanding signs are not permitted on a small corner parcel when wall signs are utilized. Project Background: The freestanding sign was originally installed in 1984 . Busybody Fitness Equipment went into business in 1987 and Al and Ed' s Auto sounds opened in 1991. In 1991 a Limited Sign Permit was granted by the Planning Commission to allow a change of copy on the freestanding sign. However, the conditions of the Limited Sign Permit were never complied with; no building permit was issued and no bond posted to guarantee removal of the sign. Therefore, the Limited Sign Permit expired. A search of building permits revealed no permit has ever been issued for any change of copy on the freestanding sign since originally installed. Subsequently, Special Sign Permit No. 93-4 was processed to allow the sign to remain indefinitely but with a staff recommendation for denial based on the fact that the nonconforming sign had been modified without city building permits and that adequate signage on the building identified the businesses on the site. The Planning Commission conditionally approved the Special Sign Permit . Appeal : The applicant/appellant is appealing two of the conditions . These require: • There are three (3) wall signs currently on the building face (see Attachment No. 4 for location) . Signs designated as C, D, and E to be removed. • A covenant to be recorded to assure that the freestanding sign will be brought into conformance with the code at such time as a second panel needs replacement as a result of a business or name change. The appellant states that the wall signs are necessary to provide exposure to passing motorists to ensure the success of the businesses . He also asserts that the removal of the freestanding sign when one of the tenants leaves would create an unfair situation to the remaining tenant and landlord. RCA 8/2/93 -2- (7186d) Staff Response: The Ordinance Code allows a seven foot high 30 square foot monument sign at this location provided all wall signs are removed. The Planning Commission' s action to remove three signs will create a compromise situation by allowing the wall signs fronting Beach Boulevard to remain. These remaining wall signs will continue to offer exposure to passing motorists . The Planning Commission voted to approve the 16 foot high pole sign with the option that any future change would be subject to discretionary review. This action was based on a preference not to allow for an indefinite time signs that do not conform to code. In the event the sign is returned for Planning Commission review, factors such as traffic, street furniture, new zoning code provisions would be analyzed to determine if retention of the existing 16 foot high 58. 5 square foot sign would assure a quality visual environment and promote and protect the public health, safety and welfare. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: Motion to: "Overrule the Planning Commission, deny the appeal, and deny Special Sign Permit No. 93-4 with findings (Attachment No. 3) . " ATTACHMENTS. 1. Letter of Appeal 2. Planning Commission action of June 15, 1993 3 . Planning Commission Staff Report dated June 15, 1993 4 . Site plans for wall signs MTU:MA:SP: lp RCA 8/2/93 -3- (7186d) • SAN IOEDAO SPESCO ELECTRIC � SIGN COMPANY June 24, 1993 City Clerks Office City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 RE: APPEAL OF SPECIAL SIGN PERMIT 93-4 To Whom It May Concern: This letter is to inform the City Council that the Planning Commission action of June 18, 1993 for Special Sign Permit No. 93-4 for Busybody Fitness Equipment and Al & Ed's Autosound located at 16732 Beach Blvd. is being appealed. The Planning Commission approved Special Sign Permit No. 93-4 with Conditions which would impose a hardship for the two businesses to give up their wall signs in order to keep the freestanding sign. Enclosed are two checks totaling$500 for the appeal process. Please let me know at your earliest convenience when the City Council will meet on this appeal. We need to notify the Busybody Corporate Office in Dallas, Texas and allow them ample time to send a representative of that company to attend the meeting as well as prepare presentation materials. Sincerely yours: MARK A. FRANK N = Enclosures: Check #21207, Busybody Inc. Check #95157, Al & Ed's Autosound 7C� - cc: Al Brotsky, Al & Ed's Autosound Malcolm Menter, Busybody, Inc. w NEW AREA CODE (310) 735 Lakme Avenue / Wilmington, California 90744 / 213-549-4661 / FAX 213-549-2482 SAN PE DAO RECEIVED ELECTRIC `r,v SPESCO SIGN COMPANY 4 r it.; 3 June 24, 1993 City Clerks Office City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 RE: ADDENDUM LETTER APPEAL OF SPECIAL SIGN PERMIT 93-4 To Whom It May Concern: The Planning Staff requested an appeal letter (sent under separate cover along with the $500 fee on Thursday, June 241 1993) indicating the reasons for the appeal. Please add this addendum letter to the appeal request with our reasons for the appeal. The following information was previously provided to the Planning Commission on March 31, 1993 . On behalf of Busybody Fitness Equipment and Al & Ed' s Autosound, we are requesting to maintain the existing nine-year old pole sign at 16732 Beach Blvd. in Huntington Beach. A Limited Sign Permit 91-6 was issued to Al & Ed's Autosound on April 10, 1991 for placement of 4 ' -6" high by 6 ' -6" wide Plexiglas name panels in the existing 15 '-0" high pole sign that was originally installed in 1984 under permit number "A53145" for "A Rent Furniture" . In 1986, "A Rent Furniture" went out of business, and the building was divided for two smaller tenants. Busybody Fitness Equipment opened up in September 1987 along with a motorcycle shop that opened in 1987 in Unit B. The motorcycle store went out of business in 1990 and the store sat vacant until Al & Ed's Autosound opened for business in April of 1991. The Limited Sign Permit apparently is only good for two years. The two tenants that occupy the pole sign were not aware that the sign would have to be removed by April 10, 1993 . They received a "Notice of Violation" from Michael - page 1 of 4 - 4T-I% a A#144 1 NEW AREA CODE (310) 735 Lakme Avenue / Wilmington, California 90744 / 213-549-4661 / FAX 213-549-2482 SPE SCO Gregory of the Huntington Beach Code Enforcement Department that the sign would have to come down on April 10, 1993 . The current Huntington Beach sign code permits a 30 square foot, 7 feet high monument sign which would not be as effective as the existing 58.5 square foot, 15'-0" foot high pole sign. A monument sign would not be effective for the south bound traffic due to the proximity of parking spaces adjacent to the north side of.. the sign as well as a bus shelter that wi-11 obscure a..monument sign. The current 15'-0" feet. high pole sign is proportionate' to the landscaped area without appearing to be too large in relationship to the property. Also, the current economic downturn creates the need to keep this sign which is still in good design taste utilizing a wood pole cover that hides the pole structure. Most pole signs along Beach Boulevard lack an attractive architectural pole cover which enhances the design of signs. The current code for seven foot high monument signs which is city wide may work for the Springdales, Edwards, Magnolias, Bushards, Adams, Brookhursts Streets which are more residential/commercial streets with slower traffic patterns and narrower streets. Beach Boulevard is a State Highway with higher volumes of cars and speed limits that would be better served with safer viewing angle for the motorists utilizing the existing 15'-0" high sign. (You never see city traffic, informational, or directional signs at 7 '-0" high because the viewing angle is not good for the motorists. The ideal viewing height is 12 ' to 15 ' high as with the current pole sign. ) As- I .previously. mentioned,- the cur.-rent economic downturn creates a greater need to keep this sign. Subliminal impacts to the passing public may give the impression the two businesses have gone out of business if the sign were removed or reduced to 7-0" high. Busybody Fitness Equipment and Al & Ed's Autosound spend a great deal of money on advertising their products in the L.A. Times to create consumer awareness to their stores which need to be high profile especially in the middle of - page 2 of 4 - �. ` � : SPESCO the auto dealers row. The City is aware of the auto dealers needs for high profile signage to capture the auto buyer which also sees numerous newspaper advertising. All of this together creates the impact and impulse to buy which creates more sales taxes to the City coffers. The slide presentation as presented to the Planning Commission on June 18, 1993 was a big disappointment due to the rear projection system utilized by the City. This rear projection system failed to show the Planning Commission the true details of the existing signs due to poor clarity of the slides projected on the rear side of the screen. They could not see the real problem we are faced with. The majority of the Commission did not have a problem with the pole sign and were in favor of approving it as requested. Commissioner Richardson decided to make the motion to pass Special Sign Permit #93-4 with the condition that three wall signs be removed. The Commission overwhelmingly voted for this motion without the benefit of looking at a good clear slide presentation. Al & Ed's Autosound could give up one sign on the rear of the building (east elevation).; however, the south elevation sign (requested to be removed) is facing.Terry Avenue and is over the service bays. Busybody Fitness Equipment on the north elevation faces the Marshalls Shopping Center. These signs can be seen by passing motorists. who could not otherwise see the pole sign or the storefront signs. Again, the success of these businesses relies on exposure; and more exposure means more customers and more sales and ultimately more tax dollars for the City. Also, the second condition requires removal of the pole sign if one of the tenants were to go out of business or move. The other tenant would then suffer by losing the pole sign entirely. This is not a fair situation for the remaining tenant, and the possibility of securing a new tenant would be difficult because the pole sign would not be allowed or the side signs that are supposed to be removed. These two businesses have a great deal of dollars invested in their wall signs and to give them up would be very costly to everybody including the City. page 3 of 4 - SPESCO The pole sign is only nine years old and is still in good design tastes and standards. It has not served its useful lifespan. There are some signs in Huntington Beach that are 20 or more years old that should be removed or cleaned up and are not as in good taste as the subject sign but are allowed to remain because of the inconsistencies in the sign ordinance. Sincer ly yours: MARK A. FRANK cc: Malcolm Menter, Busybody, Inc. Al Brotsky, Al & Ed's Autosound page 4 of 4 - R � • l J� Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 Date: Jute 18 , 1993 NOTICE OF ACTION Applicant : Mark Frank, San Pedro Sign Company, 701 Lakme Avenue, Wilmington, CA 90744 Subject : SPECIAL SIGN PERMIT NO. 93-4 Your application was acted upon by the Huntington Beach Planning Commission on June 15 , 1993 and your request was : WITHDRAWN APPROVED APPROVED WITH CONDITIONS XX (see attached) DISAPPROVED TABLED CONTINUED UNTIL Under the provisions of the Huntington Beach Ordinance Code, the action taken by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and must set forth in detail the actions . and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of five hundred ($500) dollars and be submitted to the City Clerk' s office within ten (10) days of the date of the Commission' s action. In your case, the last day for filing an appeal and paying the filing fee is June 25, 1993 Provisions of the Huntington Beach Ordinance Code are such that any application becomes null and void one (1) year after final approval, unless actual construction has started. (7019d-6) ATTACHMENT NO. 2r,k�:- Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 June 18, 1993 Mark Frank San Pedro Sign Company 701 Lakme Avenue, Wilmington, CA 90744 SUBJECT: SPECIAL SIGN PERMIT NO. 93-4 REQUEST: To allow an existing 16 foot high, 58 . 5 square foot sign to remain without modification to comply with current sign code, Article 961 . . LOCATION: 16732 Beach Boulevard DATE OF APPROVAL: June 15, 1993 FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 93-4 : 1. Strict compliance with Article 961 will result in a substantial economic hardship to the applicant . 2 . The continued use . of a freestanding sign will not adversely affect other signs in the area. 3 . The continued use of a freestanding sign at 16732 Beach Boulevard will not be detrimental to property located in the vicinity of such sign; and will be compatible with the surrounding area. 4 . The continued use of a freestanding sign at 16732 Beach Boulevard will not obstruct pedestrian or vehicular traffic vision. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO 93-4 : 1 . The site plan and sign elevations received and dated April . 1, 1993 shall be the approved layout with the following modifications : a . Signs designated as C, D, and E shall be removed. ATTACHMENT N0. 2e Special Sign Permit No . 93-4 Page Two 2 . Within 90 days, a covenant shall be submitted for review and approval by the City Attorney and Community Development Department to assure that the freestanding sign is brought into conformance with the code at such time as a second panel needs replacement as a result of a business change or name change; unless a subsequent special sign permit is approved. The convenant shall be recorded with the County Recorder and copy submitted to the Community Development Department . 3 . The Planning Commission reserves the right to rescind this special sign permit approval in the event of any violation of the terms 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 . I hereby certify that Special Sign Permit No . 93-4 was approved by the Planning Commission of the City of Huntington Beach on June 15, 1993 upon the foregoing findings and conditions . This approval represents conceptual approval only; detailed plans must be submitted for review and the aforementioned conditions completed prior to final approval . Sincerely, Mike Adams, Secretary Planning Commission b40tHess S Senior Planner (707ld-11, 12) ATTACHMENT NO. huntington beach department of community development STAff EpOR EXECUTIVE SUMMARY JUNE 15, 1993 SPECIAL SIGN PERMIT NO. 93-4 (16732 Beach Boulevard) Special Sign Permit No. 93-4 is a request to allow an existing 16 foot high 58 . 5 square foot sign to remain without modification to comply with the current sign code, Article 961. The sign is located at the northeast corner of Beach and Terry. The site is approximately 150 feet and 150 feet (22, 500 square feet) . Prior to construction of the commercial building, the site was developed with a service station. Special Sign Permit No . 93-4 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 961, Sign Code. Because the non conforming sign has been modified without city building permits and adequate signage on the building identifies the businesses on site, staff recommends the sign be removed for code compliance. Staff recommends that the Planning Commission deny Special Sign Permit No. 93-4 with findings . I A TACHMENTPHO? 36k, i _ _ ----- n.i rrc uw� roa s 1. ..-_._I� .. L� T_ pp S LwE x vz ru w uc i�a=u—' M I 1�._ T AVE �FHDNE LN 3 MIS RI o CF-E �. ., R3 C41 ,.� �. . 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R_I RI RI RI I RI -------------- ' Dews. oRm o c. F. C. D C6-1 _ 1^ .. �I aaa r....�......: .-. -. NS R --_ -- _ 6 SAIR1 CA r\ I :�R V ` IDO M R (v 1 Ixt ....twl.iri. ....-- MI II.. :� �.i - Chi a Y R3 RI I AT « R ,R R 2 %I, apR2 't.' ;,. C4I CF-E , R R3 ¢ z MERLE CR L i� y •':evvi.r�.l C4 0 10 TAMARU RI RI ..a:.ara. a .. w iTL a I ---- M� a I'r-- 4 R 3 : - R3 -,..... .�.... ...<<... � R3 C+ I F ' •-: y,a C4 GLASGOW CA W 4 0 u o R2 t..i,,d :. --- . -- I I r R3 '1 r RI ` AVE —� WARNER D n SSP 93-04 m � z MWINGTON BEACH z HUNTINGTON BEACH PLANNING DIVISION TO: Planning Commission FROM: Community Development DATE: June 15, 1993 SUBJECT: SPECIAL SIGN PERMIT NO. 93-4 APPLICANT: Mark- Frank, San Pedro Sign Company, 701 Lakme Avenue, Wilmington, CA 90744 PROPERTY OWNER: William Lee Miller, 13070 Old Bolsa Chica Road, Westminster, CA 92683 REQUEST: To allow an existing 16 foot high, 58 . 5 square foot sign to remain without modification to comply with current sign code, Article 961. LOCATION: 16732 Beach Boulevard DATE ACCEPTED: April 30, 1993 ZONE: C4 , Highway Commercial GENERAL PLAN: Commercial General EXISTING USE: Retail commercial ACREAGE: 22, 500 square feet (0 . 52 acres) 1 . 0 SUGGESTED ACTION: Motion to: "Deny Special Sign Permit No. 93-4 with findings . " 2. 0 GENERAL INFORMATION: Special Sign Permit No. 93-4 is a request to allow an existing 16 foot high, 58 . 5 square foot sign in lieu of removal as required by Limited Sign Permit No. 91-6 pursuant to Section 9610. 8(c) and Section 9610 . 5 of the Huntington Beach Ordinance Code. Special Sign Permit No. 93-4 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 961, Sign Code in the following areas : 1. Section 9610 . 5 specifies that a freestanding sign may be permitted if no wall signs are placed on the building; five (5) wall signs identify two (2) businesses. 2 . Section 9610 . 8c allows a Limited Sign Permit for a maximum of two (2) years at which time the sign shall be removed; Limited Sign Permit No. 91-6 has expired. The applicant is requesting the wall signs and freestanding sign to continue to advertise the site. ATTACHMENT NO. 3 . 0 SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: North of Subject Property: GENERAL PLAN DESIGNATION: Commercial General ZONE: C4 Highway Commercial LAND USE: Retail Commercial East of Subject Property: GENERAL PLAN DESIGNATION: Commercial General ZONE: C4 Highway Commercial LAND USE: Commercial South of Subject Property: GENERAL PLAN DESIGNATION: Commercial General ZONE: C4 Highway Commercial LAND USE: Commercial (service station) West of Subject Property: GENERAL PLAN DESIGNATION: Commercial General ZONE: C2 Community Business and C4 Highway Commercial LAND USE: Commercial 4 . 0 ENVIRONMENTAL STATUS: This project is categorically exempt pursuant to Class 1, Section 15301 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: Project Description Special Sign Permit No. 93-4 is a request to allow an existing 16 foot high 58 . 5 square foot sign to remain without modification to comply with the current sign code, Article 961. The sign is located at the northeast corner of Beach and Terry. The site is approximately 150 feet and 150 feet (22, 500 square feet) . Prior to construction of the commercial building, the site was developed with a service station. Staff Report - 6/15/93 -2- ATTACHMENT f'V 5d)3 The following is a zoning conformance matrix which compares the proposed project with the development standards of Section 9610. 5(b) : Section Issue Required Proposed 9610 . 5(b) Maximum height 7 feet 16 feet Maximum area 30 square feet 58 . 5 square feet Placement In landscape In landscape planter planter Wall Signs Not permitted Site has in conjunction 5 existing with freestanding wall signs signs . The freestanding sign was originally installed in 1984 , City records indicate Busybody Fitness Equipment went into business during 1987 and Al & Ed ' s Autosounds opened in 1991. During 1991, Limited Sign Permit No. 91-6 was approved by the Planning Commission to allow a change of copy for Al & Ed' s Autosounds . Neither a bond was posted to guarantee removal of the sign by April 10, 1993 nor was a building permit obtained. Meanwhile, Limited Sign Permit No. 91-6 expired. A search of building permits has revealed no permit has been issued for any change of copy in the freestanding sign since originally installed. Special Sign Permit No. 93-4 was filed to allow the sign to remain indefinitely. The sign continues to be nonconforming to the Sign Code (Article 961) . In 1986, the sign code was amended to allow either a 7 foot high monument sign or wall signs but not both on corner sites with less than 400 feet on one frontage. The property contains J,(wall signs for individual business identification as well as the nonconforming freestanding sign. The Sign Code contains provisions to eventually eliminate nonconforming signs . These provisions allow a limited sign permit to be approved for a maximum of two (2) years. This process was approved by the Planning Commission but no building permit was issued. Amortization provisions state, "Signs which were erected or altered without benefit of permit shall be immediately removed upon written notice from the City. Signs replaced or requested to be modified at the owner ' s initiative shall comply with all current provisions of this article. " Because the non conforming sign has been modified without city building permits and adequate signage on the building identifies the businesses on site, staff recommends the sign be removed for code compliance. 10 . 0 RECOMMENDATION: Staff recommends that the Planning Commission deny Special Sign Permit No. 93-4 with the following findings : Staff Report - 6/15/93 -3- ) ATTACHMENT. Se- FINDINGS FOR DENIAL - SPECIAL SIGN PERMIT NO. 93-4 : 1. The applicant has not demonstrated that strict compliance with . Article 961 will result in a substantial economic hardship to the business . . 2 . The existing wall signs for the two businesses adequately identify the site and are readily visible to passing motorists. 3 . The proposed request to maintain the existing freestanding sign may adversely affect other signs in the area by allowing a total of sign area greater than allowed by the sign code. 4 . The proposed request to maintain the existing freestanding sign may be detrimental to property located in the vicinity of such sign. 5 . The sign has been modified without city permits in conflict with Article 961. 11.0 ALTERNATIVE ACTION: A. The Planning Commission may approve Special Sign Permit No. 93-4 as a monument sign with findings and conditions of approval; or B. The Planning Commission may approve Special Sign Permit No. 93-4 with findings and conditions of approval . ATTACHMENTS: 1 . Narrative 2 . Site plans and sign elevations dated April 1, 1993 3 . Alternative Findings and Conditions of Approval SP: ss Staff Report - 6/15/93 -4- ATTACHMEN O. _ SAN PEkof O SPESCO ELECTRIC � SIGN COMPANY March 31, 1993 Mr. Michael Strange Department of Community Development City of Huntington Beach . 2000 Main Street ' Huntington Beach CA 92648 RE: BUSYBODY FITNESS EQUIPMENT/AL & ED'S AUTOSOUNDS 16732 BEACH BLVD. UNITS A & B HUNTINGTON BEACH CA Dear Mr. Strange: On behalf of Busybody- Fitness Equipment and Al & Ed' s Autosounds we are requesting to maintain the existing pole sign at 16732 Beach Blvd. in Huntington Beach. A Limited Sign Permit 91-6 was issued to Al & Ed' s Autosounds on April 10, 1991 for placement of 4 ' -6" high by 6 ' -6" wide Plexiglas name panels in the existing 15 ' -0" high pole sign that was originally installed in 1984 under permit number "A53145" for "A Rent Furniture" . In 1986, "A Rent Furniture" went out of business, and the building was divided for two smaller tenants. Busybody Fitness Equipment opened up in September 1987 along with a motorcycle shop that opened in 1987 in Unit B. The motorcycle store went out of business in 199-0 and the store sat vacant until Al & Ed's Autosounds opened for business in April of 1991. The Limited Sign Permit apparently is only good for two years. The two tenants that occupy the pole sign were not aware that the sign would have to be removed by April 10, 1993 . They received a "Notice of Violation" from Michael Gregory of the Huntington Beach Code Enforcement Department that the sign would have to come down on April 10, 1993 . we are asking for a Special Sign Permit (filed on March 30, 1993 #SSP 93-4) to maintain this sign indefinitely or grandfather the sign. page 1 of 3 - NEW AREA CODE (3t0 735 Lakme Avenue / Wilmington, California 90744 / 213-549-4661 / 1-P? l AT3NO. SPESCO The current Huntington Beach sign codes permit a 50 square foot, 7 feet high monument sign which would not ba as effective as the existing 58. 5 square foot, 15 ' -0" foo: high pole sign. A monument sign would not be effective for the south bound traffic due to the proximity of parking spaces adjacent to the north side of the sign. The current 15 ' -0" feet high pole sign is proportionate to the landscaped area without appearing to be too large in relationship to the property. Also, the current economic downturn creates the need to keep this sign which is still in good design taste utilizing a costly wood pole cover that hides the unsightly pole, which is. .what most pole signs along Beach Boulevard have or lack an attractive architectural element that enhances the design of the sign. The current code for seven foot high monument signs which is city wide may work for the Springdales, Edwards, Magnolias, Bushards, Adams, Brookhursts Streets which are more residential/commercial streets with slower traffic patterns and narrower streets. Beach Boulevard is a state highway with a higher volume of cars and speed limits that would be better served with safer viewing angle for the motorists utilizing the existing 15 ' -0" high sign. (You never see city traffic, informational, or directional signs at 7 ' -0" high because the viewing angle is not good for the motorists. The ideal viewing height is 12 ' to 15' high as with the current pole sign. ) As I previously mentioned, the current economic downturn . creates a greater need to keep this sign. Subliminal impacts to the passing public may give the impression the two businesses have gone out of business if the sign were removed or reduced to 7-0" high. Busybody Fitness Equipment and Al & Ed' s Autosounds spend a great deal of money on advertising their products in the L.A. Times to create consumer awareness to their stores which need to be high profile especially in the middle of the auto dealers row. The City is aware of the auto dealers needs for high profile signage to capture the auto buyer which also sees numerous newspaper advertising. All of this together creates the impact and impulse to buy which creates more sales taxes to the City coffers. - page 2 of 3 - ATTACHMENT N0. 31n SPESCO We are also asking that you allow the two tenants the necessary grace period beyond the April 10, 1993 deadline to have the Special Sign Permit #SSP 93-4 go tnro1iah "t;1e review and hopefully approval process. We appreciate your co-operation on this matter. Please feel free to. call me should you need any further information. Sincerely yours: MARK A. FRANK cc: Susan Pierce, City of Huntington Beach Arnie Samardich, City of Huntington Beach Malcolm Menter, Busybody, Inc. Al Brotsky, Al & Ed's Autosounds Enclosures: Receipt for filing fee Sign Plan 93-3-2705DR1 page 3 of 3 - ATTACHMENT NO. 3 i ATTACHMENT NO, 3 ALTERNATIVE FINDINGS AND CONDITIONS FOR APPROVAL SPECIAL SIGN PERMIT NO. 93-4 FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO, 93-4 : 1. Strict compliance with Article 961 will result in a substantial economic hardship to the applicant . 2. The continued use of a freestanding sign will not adversely affect other signs in the area. 3 . The continued use of a freestanding sign at 16732 Beach Boulevard will not be detrimental to property located in the vicinity of such sign; and will be compatible with the surrounding area. 4 . The continued use of a freestanding sign at 16732 Beach Boulevard will not obstruct pedestrian or vehicular traffic vision. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 93-4 : Alternative A: 1 . The site plan and sign elevation received and dated April 1, 1993 shall be the approved layout with the following modifications : a. Maximum height shall be seven (7) feet . b. Address shall be added to base. C. Maximum area shall be 40 square feet. 2 . The Planning Commission reserves the right to rescind this special sign permit approval in the event of any violation of the terms 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 . Alternative B• 1 . The site plan and sign elevations received and dated April . 1, 1993 shall be the approved layout. 2 . The Planning Commission reserves the right to rescind this special sign permit approval in the event of any violation of the terms 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 . (6915d-5) ATTACHMENT NO. �� I + O 17' ,711 � I REVISIONS © SRN PEDRO SPESCO ELECTRIC + 3-30- 3 "°°""° �G7�2 dGl-{ yVU b }iNNT1N�1P�1 6G}I Cp G47 SIGN COMPANY , ,,,�W - E rs,,w+»A.~ a�EE. WMriom camom Ik ern.. f•�J E.LF�WM t+4E "m wi 2+YSreJeE,� . +utn FAX 21354e•2.e2 ' CVSTOwt�.r►�OvK g-3-27G5GRI I��_pll �) 1MIY�1 -� BUSBODY EWs -.� Al & _ FITNESS AiltoSoUnd EQUIPMENT JILL ta►pl� I � � _f Ufa• a���U-+MINc�tvN� - LaM�a r4al*% #7P/* swo Ile OMT _ I Ao�o MdT�i .IU�I� • -- - '` i 1 I I IJ-YNt1= ��g r � �� Pam ��►�, . � REVISIONS Asn"w( �Dal! �III�F`�"� © SAN PEDRO E By SPESCO ELECTRIC "°°""' IG7'fj2 �dG}I 1�ev1,"w }IUN'jI;J6f�Opl �� QILI . N{d .� •SIGN COMPANY ( onAwlln lGIE I "�r 9Nctr1a�1 735 L UA Awn..! W&,ftlol,COW.1,90744 !Al[lYAN pq( �( /y� �gy1NG 2115494.161 . INK % / Nuus[n FA%213PS492482 i GUSIOw[11 APMOVAL . ..r.ear..rr�..s e,..r.....w w...•e.e.a...•..w.wr....n.r. .sr vN.m..ca.......e.n w.r wr.+.s.w w r.wwo......�....•e o...a.e..or w�..w+er.,r.o.o..e w vre.P.v.cn ors a n..n.......s...� NOTICE OF PUBLIC HEARING SPECIAL SIGN PERMIT NO. 93-4 APPEAL (To allow existing 16 foot sign. ) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, August 2, 1993, 7: 00 PM APPLICATION NUMBER: Special Sign Permit No. 93-4 APPLICANT/ APPELLANT: Mark Frank, San Pedro Sign Company LOCATION: 16732 Beach Boulevard ZONE: C4 (Highway Commercial) REQUEST: Appeal to the Planning Commission' s conditional approval to allow an existing non-conforming 16 foot high, 58 . 5 square foot sign to remain without being modified to conform to code. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 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 at City Hall or the Main City Library (7111 Talbert Avenue) after_ July 28, 1993 . 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 Susan Pierce, Associate Planner, at 536-5271. Conn_ ie _Broc_kway______ CITY CLERK �` (71 78d) CITY OF HUNTINGTON BEACH I • • NOTICE OF PUBLIC HEARING SPECIAL SIGN PERMIT NO. 93-4 APPEAL (To allow existing 16 foot sign. ) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, August 2, 1993 , 7:00 PM APPLICATION NUMBER: Special Sign Permit No . 93-4 APPLICANT/ APPELLANT: Mark Frank, San Pedro Sign Company LOCATION: 16732 Beach Boulevard ZONE: C4 (Highway Commercial) REOUEST: Appeal to the Planning Commission' s conditional approval to allow an existing non-conforming 16 foot high, 58. 5 square foot sign to remain without being modified to conform to code. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 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 at City Hall or the Main City Library (7111 Talbert Avenue) after July 28 , 1993 . 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 Susan Pierce, Associate Planner, at 536-5271 . Connie Brockway Deputy City Clerk (7178d) J I PUBLIC HEARING CITY COUNCIL AGENDA DATE APPROVAL I SUBJECT: COUNCIL MEETING DATE: g o2 NUMBER OF HEARINGS ALREADY SCHEDULED: I I - APPROVED: i Ray S' er, Assistant City Administrator • f i 4 SUSAN W. CASE OWNERSHIP LISTING SERVICE 917 Glen neyre Street, Suite 7 Laguna Beach, California 92651 .714/494-6105 FAX: 714/494-7418 Certification of Property Ownership List ' THE ATTACHED LIST REPRESENTS THE NAMES AND ADDRESSES OF ALL PROPERTY OWNERS LOCATED WITHIN 300 FEET OF THE EXTERIOR BOUNDARIES OF THE PROPERTY LOCATED AT 16732 Beach Blvd Huntington Beach CA 92647 THIS INFORMATION WAS OBTAINED FROM THE. LATEST. Orange County Assessment Rolls, March 23, 1993 SUSAN W. CASE 107 601 41 1 107 601 47 2 107 691 20 3 Miller William Lee%interstate Joseph D Shane Tom Koichi Nerio 13070 Old Bolsa Chica Rd 9777 Wilshire Blvd#606 9340 Bolsa Ave Westminster CA 92683 Beverly Hills CA 90212 Westminster CA 92683 107 691 22 4 107 691 24 5 107 691 25 6 Peter Hung Chun Chang Eduardo Carlos Polizzo Harvey E Schuldt 16800 Beach Blvd 16741 Leafwood Cir 10544 Perch Ave Huntington Beach CA 92647 Huntington Beach CA 92647 Fountain Valley CA 92708 107 691 26 7 107 691 27 8 142 462 06 9 Jerome C Lidberg Phillip L Alaimo Gary C Gray 16771 Leafwood Cir 16781 Leafwood Cir 1845 Capri Cir Huntington Beach CA 92647 Huntington Beach CA 92647 Costa Mesa CA 92626 142 462 09 10 142 481 12 11 Abko Xxxiii Inc Thomas H Bernatz Po Box 1919 665 S Peralta Hills Dr Detroit MI 48231 . Anaheim CA 92807 ATTN MARK FRANK SAN PEDRO ELECTRIC SIGN CO 701 LAKME AVENUE WILMINGTON CA 90744 ATTN AL A E p, BROTSKY S AU 516 MONTEREYT OSOUND MONTEREY PARK PASS RD ATTN MR 91754 BUSYBODY MAL COL M MEN TER 5519 FITNESS EQUIPMENT DALLAS R TXO 75248E 11 RECEIVED CITY CLERK, CITY 1F HUNTINGTON BEACH,CALIF. COVER SHEET JuL l9 I I IS Ali '93 FOR CITY COUNCIL PUBLIC HEARINGS IL YES M ( ) Did Wang type out City Council or Planning Commission public hearing notice? ( ) ( ) 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 itle Gempeffy verification letter attached? ( ) ( ) Were latest Assessor's Parcel Rolls used? ( ) ( ) Is the appellant's name and address part of the labels? 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. ( ) ( ) s e appellant/applicant nam nd addres n mailing labels? For Public Hearings at the City Council level please revise the last paragraph of the public hearing notice as follows: "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 (insert name of Planner) at 536-5227." CONNIE BROCKWAY, CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET — 2N D FLOOR HUNTINGTON BEACH, 'CALIFORNIA 92648 (714) 536-5227 1350K — 4/93 RECEIVED CITY CLERK CITY OF HUHTINGSTCS :IELCH,CALIF. COVER SHEET JUL 15 A`{ '93 FOR CITY COUNCIL PUBLIC HEARINGS N/A YES NO ( ) Did Wang type out City Council or Planning Commission public hearing notice? 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 T4tle Gempany verification-letter attached? ( ) ( ) Were latest Assessor's Parcel Rolls used? ( ) ( ) Is the appellant's name and address part of the labels? 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. S e appellant/applicant nam nd addres n mailing labels? For Public Hearings at the City Council level please revise the last paragraph of the public hearing notice as follows: "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 ca-11 (insert name of Planner) at 536-5227." CONNIE BROCKWAY, CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET — 2ND FLOOR HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5227 1350K — 4/93 NOTICE OF PUBLIC HEARING SPECIAL SIGN PERMIT NO. 93-4 APPEAL (To allow existing 16 foot sign. ) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in' the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, August 2, 1993, 7: 00 PM APPLICATION NUMBER: Special Sign Permit No. 93-4 APPLICANT/ APPELLANT: Mark Frank, San Pedro Sign Company LOCATION: 16732 Beach Boulevard- ZONE: C4 (Highway Commercial) REOUEST: Appeal to the Planning Commission' s conditional approval to allow an existing non-conforming 16 foot high, 58 . 5 square foot sign to remain without being modified to conform to code. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 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 at City Hall or the Main City Library (7111 Talbert Avenue) after July 28, 1993 . 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 Susan Pierce, Associate Planner, at 536-5271. Connie Brockway Deputy City Clerk (7178d) SUSAN W. CASE OWNERSHIP LISTING SERVICE 917 Glenneyre Street, Suite 7 Laguna Beach, California 92651 .7141494-6105 FAX: 714/494-7418 Certification of Property Ownership List THE ATTACHED LIST REPRESENTS THE NAMES AND ADDRESSES OF ALL PROPERTY OWNERS LOCATED WITHIN300 FEET OF THE EXTERIOR BOUNDARIES OF THE PROPERTY LOCATED AT 16732 Beach Blvd Huntington Beach CA 92647 THIS INFORMATION WAS OBTAINED FROM THE LATEST . Orange County Assessment Rolls, March 23, 1993 i SUSAN W. CASE I 107 601 41 1 107 601 47 2 107 691 20 3 Miller William Lee%interstate Joseph D Shane Tom Koichi Nerio 13070 Old Bolsa Chica Rd 9777 Wilshire Blvd#606 9340 Bolsa Ave Westminster CA 92683 Beverly Hills CA 90212 Westminster CA 92683 107 691 22 4 107 691 24 5 107 691 25 6 Peter Hung Chun Chang Eduardo Carlos Polizzo Harvey E Schuldt 16800 Beach Blvd 16741 Leafwood Cir 10544 Perch Ave Huntington Beach CA 92647 Huntington Beach CA 92647 Fountain Valley CA 92708 107 691 26 7 107 691 27 8 142.462 06 9 Jerome C Lidberg Phillip L Alaimo Gary C Gray 16771 Leafwood Cir 16781 Leafwood Cir 1845 Capri Cir Huntington Beach CA 92647 Huntington Beach CA 92647 Costa Mesa CA 92626 142 462 09 10 14248112 11 Abko Xxxiii Inc Thomas H Bematz Po Box 1919 665 S Peralta Hills Dr Detroit MI 48231 Anaheim CA 92807 ATTN MARK FRANK SAN PEDRO ELECTRIC SIGN CO 701 LAKME AVENUE WILMINGTON CA 90744 ATTN AL BROTSKY AL 8 ED' S AUTOSOUNp 516 MONTEREY PASS ATTN MR M MONTEREY PARK CA 91754 BUSYBODY FAILT ES MENTER 5519 ARAPAHO STE EQUIPMENT DALLAS Tx 15148 H U PEDRO SRN PEDRO FAX TRANSMITTAL ELECTRIC COVER SHEET SIGN COMPAM N 9 W A R FA C()D F, (3 10) 73.5 Lakme Avenue If Wilmington, California 90744 213-549-4661 FAX: 213-549-2482 �-'�AY -:.70iN To , DATE 06-24-93 OITY OF HUNTINGTON BEACR PAGES SN CO. NAME . jtNCLUDINEGT COVtP.SHEET) C, PLEASE;t.*TIFY US lk'.`cD:ATCCf IF STATED tS NOT RECF:(VED. u F A P P F A 1. F 10 9, FAX: - 71.4-374-1557 S- SP 93-4 V-.'P AF?L YOU VIA TELEFAX THE ff(-)Lc)1,%,,1NG tlEms- L.E i I j-Fi pRit-ors El i):-ANS 1;MAPi-r--S SPECIFICATIONS Fj CONTRACTS PHQTO(;-,RAPHS HEMARKS: PT,EASL FII.E TH'IS WITH 01-IR 0r,!GJNAT, AP-PEAT, 'REQUEST ON. 3(,',-2 %-93 WITH OT-i?, APi�EAL F111.1. 114G 'PEF . r r). P:W1 TUN - 24 - 9 ? THU 15 Its SFiF4 PEDRO SIG " Cc). - P _ 0 •,- 05 SAN PEDRO -�.. - ELECTRIC SPESC SIGN COMPnNY June 24 , 1993 City Clerks Office City of Huntington Beach 2000 Main Street Huntington Beach CA 02548 RE: ADDENDUM LETTER APPEAL OF SPECIAL SIGN PERMIT 93-4 To Whom It May Concern: The Planning Staff requested an appeal letter (sent under separate cover along with the $500 fee on Thursday, June 24 , 1993) indicating the reasons for the appeal . Please acid this addendum lett►�r to the appeal request, with out- reasons for the appeal. The following lnformot.ion was previously provided to the Planning Commission on March 31, 1993 . On behalf of Busybody Fitness Equipment and Al & Ed' s Autosound, we are re uesting to maintain the existingg nine.-year old pole s gn at 16132 Beach Blvd. i n Huntington Beach. A Limited Sign Permit 91-6 was issued to Al & Ed's Autosound on April 10, 1991 for placement of 4 ' -6" high by 6 ' -6" wide Plexiglas name panels in the existing 15 ' -0" high pole sign that was originally installed in 1984 under permit number "A53145" for "A Rent Furniture" . In 1986, "A Rent Furniture" went out of business, and the building was divided for two smaller tenants. Busybody Fitness Equipment opened up in September 1987 along with a motorcycle shop that opened in 1987 in Unit B. The 1not:orcycle stare went out of business in 1990 and the store sat vacant until Al & Ed's Autosound opened for business in April of 1991 . The Limited Sign .Permit apparently is only good for two years. The two tenants that occupy the pole sign were not aware that the sign would have to be removed by April 10, 1993 . They re-cei-ved .i 10i4ortc.e of vi.olat.ion" from Michael page I of 4 jC ,lin NEGBA139MCODE (310) 735 Lakme Avenue / Wilmington, California 90744 1213-549-4661 I FAX 213-549-2482 THIJ 1 S 1 F SAN PEDRO SIG " Cc- . P 0 :9 0Z5 sp�Es(o Gregory of the Huntington Beach Code Enforcement Department that the sign would have to come down on April 10, 1993 . The current Huntington Beach sign code permits a 30 square foot, 7 feet high monument sign which would not be as effectiva as the existing 58. 5 square foot, 1.51 -011 foot high pole sign. A monument sign would not be effective for the south bound traffic due to the proximity of parking spaces adjacent to the north side of the sign as well as a bus shelter that will obscure a monument sign. The current 151 -011 feet high pole sign is proportionate to the landscaped area without appearing to be too large in relationship to the property. Also, the current economic downturn creates the need to keep this sign which is still in good design taste utilizing a wood pole cover that hides the pole structure. Most pole signs alone Beach Boulevard lack an attractive architec:tur.al pole cover which enhance::. the resign of signs . The Current code for seven foot high monument signs which is city wide may work for the Springdales, Edwards, Magnolias, B'ushards, Adams, Brookhursts Streets which are more residential/commercial streets with slower traffic patterns and narrower streets. Beach Boulevard is a state Highway with higher volumes of cars 4nd speed limits that would be better served with sager viewing angle for the motorists utilizing the existing W-011 high sigzi. (You never see city traffic, informational, or directional signs at 71 --011 high because the viewing angle is not good for the motorists. 11,he i.dp l viewing height is 12 ' to 1.5 ' high as with the current pole sign_ ; As I previously mentioned, the current economic downturn creates a greater need to keep this sign. Subliminal Impacts to the passing public may give the impression the two businesses have gone out of business if the sign were removed or reduced to 7-011 high. Busybody Fitness Equipment. and Al & Ed' s Autosound spend a great deal of money on advertising their products in the L.A. Times to create consumer awareness to their stores which need to be high profile especially in the middle of page 2 of 4 _1 3 : 1A = _ TUN - 24 - 7--+ 3 THU 1 S = 1 r SPIN PEDRU S I GF-a co . P _ 04F' 0S SPE S(0 the auto dealers row. The City is aware of the auto dealers needs for high profile signage to capture the auto buyer wh.i_c.h also sr-es nu-mcrous newspaper advertising. All of this togethercreatea the impact and impulse to buy which creates more sales taxes to the City coffers. The slide presentation as presented to the Planning Commission on June 18, 1993 was a big disappointment due to the rear projection system utilized by the City. This rear projection system failed to show the Planning Commission the true details of the existing signs due to poor clarity of the slides projected on the re4r side of the screen. They could not see the real problem we are faced with. The majority of the Commission did not have a problem with the pole sign and were in favor of approving it as requested. Commissioner Richardson decided to make the motion to puss Special Sign Permit #93-4 with the condition that three wall- signs be removed. The Commission overwheimingly voted for this motion without the benefit of looking at a good clear slide presentation. Al s Ed' s Autosound could give up one sign on the rear of the buildinc� (east elevation) ; however, the south elevation sign (requested to be removed) is facing Terry Avenue and is over tho service bays. Busybody Fitness Equipment on the north elevation faces the Marshalls Shopping Ceriter. These signs can be seen by passing motorists who could not otherwise see the pole sign or the storefront signs . Again, the success of these businesses relies on exposure; and more exposure means more customers and more sales and ultimately more tax dollars for the City. Also, the second condition requires removal of the pole sign if one of the tenants were to go out of business or move. The other tenant would then suffer by losing the pole sign entirely. This is not a fair situation for the rF..ml_l ining tc.r,,-ant-, and the possibility of securing a new tenant. would be d1.f-ficult because the. pole sign, would not be allowed or the side signs that are supposed to be removed . These two businesses have a great deal of dollars invested in their wall signs and to give them up would be very costly to eNterybody including the City. - pacj 3 of 4 - T U N — 2 4 — 9 3 T H U 1 S 1 i - A N P E D R O S I G N cc) . P _ 0 5 0 5 SPOW The pole sign is only nine years old and is still in good design tastes and standards. It has not served its useful li�'espa�n. There are some signs in Huntington Beach that are 20 or mor.a years old that should be removed or cleaned up and are not, as in good taste as the subject sign but are allowed to remain because of the inconsistencies in the sign Ovd i nance . S z nca :Ly yo�az's MARK A. FRANK s.0 M; ; :i?? m 24c rltrt, lzltsy>>•_; l4 , 1 rtc;: Al. Brot'sky, Al & '?d '." ALIt`'u qs- IW 3_,,e J of 4 I_io-24— 3 0=' =c F''va: PUL.. .