Loading...
HomeMy WebLinkAboutPublic Hearing-Appeal to PC approval of CUP 90-59/CE 91-1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 12, 1991 . Home Depot 601 S. Placentia Fullerton, CA 92631 Attention: Dennis Goughary, Regional Construction Manager Dear Mr. Goughary: Enclosed is a draft copy of the minutes of the July 1, 1991 City Council meeting relative to the appeal you filed to the decision of the Planning Commission on Conditional Use Permit No. 90-59 and Conditional Exception No. 91-11. Please call Mike Adams, Community Development Director, for further information at 536-5271. Sincerely yours, Connie Brockway, CMC City Clerk CB:me CC: City Attorney Community Development Director City Administrator Kevin Hizon, Attorney at Law Donald K. McCallum 1051K 1 Telephone:714.536.5227) Page 8 - Council /Agency Minutes - 7/1/91 D-4.(City Council) APPEAL OVERRULED - CONDITIONAL USE PERMIT NO. 90-59/CONDITIONAL EXCEPTION NO. 91-11 - APPROVED AS AMENDED - HOME DEPOT - EDINGER AVE (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeals: APPLICATION NUMBER: Conditional Use Permit No. 90-59/Conditional Exception No. 91-11 APPLICANT/APPELLANT: Dennis Goughary (Home Depot) LOCATION: 6912 Edinger Avenue (Home Depot Shopping Center) ZONE: C2-FP2 (Community Business District-Floodplain) REQUEST: Expansion of the Home Depot into adjacent suites, relocation of garden center, establishment of customer loading zone, parking variance for 11 spaces. This is an appeal by the applicant (Home Depot) of certain of the Planning Commission's conditions of approval for the Home Depot expansion which was approved by the Planning Commission on May 7, 1991 . Specifically being appealed is Condition No. 1c. deleting the outdoor garden center, .Condition No.le. requiring construction of a sound wall and Condition No. 13 allowing the Planning Commission to revoke the conditional use permit should violations of conditions occur. Also being appealed is the Planning Commission' s denial of Conditional Exception (Variance) No. 91-11 for an 11 .space parking variance. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301 , Class 1 of the California Environmental Quality Act. COASTAL STATUS: Not applicable Legal notice as provided to the City Clerk' s Office by staff had been mailed, published, and posted. A letter dated June 20, 1991 requesting continuance was received from Donald K. McCallum. A letter dated June 20, 1991 was received from Kevin J. Hizon, Attorney at Law, requesting continuance together with an additional letter dated June 24, 1991 with copies of petitions listing approximately 106 signatures in opposition. A letter was received June 26, 1991 from Dennis Goughary, Home Depot, requesting that the appeal be heard as scheduled. The City Clerk stated she had received a letter dated June 28, 1991 from the Huntington Beach Chamber of Commerce in support of the appeal and a report from the City Administrator dated July 1 , 1991 listing incident reports at Home Depot received by the Police Department and the Land Use Enforcement Section of the Community Development Department. A motion was made by Moulton-Pattinson, seconded by Green, to defer the appeal to July 15, 1991 in order to have a full Council . The motion carried by the following roll call vote: AYES:. Green, Moulton-Patterson NOES: MacAllister, Silva, Kelly, Robitaille ABSENT: Winchell /*G(� �. r Page 9 - Council/Agency Minutes - 7/1/91 The Mayor declared the public hearing open. Ron Pattinson, on behalf of Home Depot, spoke in support of the appeal of Conditional Use Permit No. 90-59. He stated that Home Depot was a big tax contributor to the city and that they had donated $20,000 to the Huntington Beach Youth Shelter. He stated he did not believed that Home Depot was a health hazard to its neighbors. Dennis Goughary, representing Home Depot, stated he had worked closely with staff to prepare the expansion plans of the Garden Center. Discussion was held between Council and Dennis Goughary regarding the storage of fertilizer and odors. Kevin Hizon, on behalf of the residents, stated that any increase of the Home Depot was intolerable. He requested the elimination of the garden center. He requested a brick wall to mitigate lack of privacy. He requested that Council deny the appeal . James Young spoke in opposition to the expansion of Home Depot. He stated that as the business expanded, it infringed on the surrounding citizens. Bonnie Datko, spoke in opposition to the expansion of Home Depot and stated there had been a conflict between the homeowners and Home Depot for six years.. The stated there was a health problem with the dust and odor emitting from the Home Depot and that home values were declining. Donald McCallum spoke in opposition of the appeal, of Conditional Use Permit No. 90-59. He presented photographs of similar projects at other Huntington Beach stores. He stated he believed the present fence was unsafe. In answer to Councilmember Silva' s inquiry, Donald McCallum stated that it is his opinion that the neighbors would like an additional fence fdbuilt to stop a truck. Alice McCallum spoke in opposition of the appeal of Conditional Use Permit No. 90-59. She stated there was constant noise from trucks and forklifts. She stated she believed that any changes in Home Depot should occur within the existing walls. She stated she was bothered by vehicle noises to midnight even though Home Depot closes at 10 p.m. Larry Datko spoke in opposition of the appeal of Conditional Use Permit No. 90-59. He stated that most homeowners had been there 15-20 years and that the properties had been devaluated and his lifestyle made miserable by the presence of Home Depot. Sam Whittaker stated that unfair rules for both parties had been made at the May 7, 1991 Planning Commission meeting. Bob Thrall spoke in opposition of the appeal of Conditional Use Permit No. 90-59. He stated the value of his home had gone down. Doris Wilson stated that at 9:10 p.m. the previous Wednesday two cars had backed into her wall and rapped their tailpipes. He stated she did not believe that Home Depot could control their drivers or truck drivers. Terri Deaner spoke in opposition of the appeal of Conditional Use Permit No. 90-59. She stated she believed Home Depot should be a good neighbor to the surrounding res.idents. Page 10 - Council /Agency Minutes - 7/1/91 Brant Scott, Home Depot Vice President of Operations, stated the back area was closed at 9:30 p.m. and that they had guards to monitor that procedure. He stated the larger area they have to work with, the easier it was to maintain their stock and stated residents would, pay more at other nursuries. In answer to Councilmember Silva' s inquiry, Gary Lewis, Store Manager, stated the overhead door could be shut to eliminate noises. Discussion was held between Council and staff regarding the inclusion of a bathroom built into the store with an outside entrance, a security guard, and a buffer wall . Brian Scott stated that Alice McCallum had placed a phone call to the regional manager regarding improvements made by Home Depot. Alice McCallum responded to the statement made by Brian Scott. She stated she believed the store manager was better than the previous one because he had listened to her complaint. 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. In answer to Councilmember MacAllister, the Community Development Director stated a condition of approval could. read as follows: Design and construct a buffer area with wall and landscaping subject to review and approval by the majority of adjacent residents and the Department of Community Development. Discussion was held between Council and staff regarding the incidents reported at Home Depot that have been received by the Police Department and the city' s Land Use Enforcement Section of the Community Development Department. A motion was made by Robitaille, seconded by MacAllister, to: approve the appeal and overturn the Planning Commission approval of Conditional Use Permit No. 90-59 as conditioned and denial of Conditional Exception (Variance) No. 90-11 ; that language be included in Condition of Approval No. I -d. to say that a wall be constructed on the south and west perimeters abutting the location that meet the requirements of the majority of homeowners as determined by the Huntington Beach Planning Department; and Attachment No. 1 , Page 4, Findings for Approval No. 6 to include Barbara Kaiser' s communication to the City Administrator dated July 1 , 1991 : "In summary, Home Depot is the second largest single sales tax producing business in Huntington Beach ($380,000/year) and could generate an additional $38,000 to $57,000 in sales tax revenue to the general fund with this expansion. However, sales tax revenue could actually decrease if the Garden Center is removed." to add the following wording to Attachment No. 1 , Condition of Approval No. 3.d. : with the removal of employee parking behind the building by 7 p.m. and not prior to 8 a.m. Councilmember Silva requested that the main motion be amended to include a restroom that would open to the exterior of the building for driver utilization. Page 11 - Council/Agency Minutes - 7/1/91 Councilmembers Robitaille and MacAllister accepted the amendment to the main motion. The motion included the following findings and conditions of approval as modified by staff in Attachment No. 1 of the RCA dated July 1 , 1991 to allow expansion of use and relocation and expansion of the Garden Center: (See Page 13 for vote of approval . ) Findings for Approval - Conditional Use Permit No. 90-59: 1 . The location, site layout, and design of the proposed Home Depot expansion properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The combination and relationship of one proposed to another on a site are properly integrated. 3. The access to and parking for the proposed Home Depot expansion does not create an undue traffic problem. Conditions of Approval - Conditional Use Permit No. 90-59: 1 . The site plan, floor plans and elevations received and dated May 1 , 1991 shall be the conceptually approved layout with the following modification: a. Rear parking spaces on the southern property line shall be restriped to 90 degrees only. b. Truck traffic shall be reouted one-way from an entrance behind the store off of Goldenwest Street to an exit toward Edinger Avenue on the west side of the store. d. A buffer area on the south and west boundary of the project adjacent to approximately 27 homes. This buffer area shall include wall and landscaping subject to review and approval by a majority of the adjacent residents and the Department of Community Development. e. An access from the rear delivery area to an interior restroom, for the use of delivery personnel . 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Elevations shall depict colors and building materials proposed. b. Outdoor parking lot lighting shall be replaced and high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. Page 12 - Council/Agency Minutes - 7/1/91 b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit) . A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. C. All applicable Public Works fees shall be paid. d. Submit a Parking Management Plan for review and approval by the Community Development Department which contains parking space designations for tenants/employees. Employee parking shall be removed by 7:00 PM daily. 4. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. C. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. d. Pursuant to Article 81 , U.F.C. and Huntington Beach Fire Code mechanical smoke removal or smoke and heat vents, and one and one-half (1 .5) inch hose connections, hose cabinets, and fire lines with nozzels shall be provided and approved by the Fire Department. e. The applicant shall meet all applicable local , State and Federal Fire Codes, Ordinances, and standards. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material , shall be disposed of at an off-site facility equipped to handle them. 7. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. 8. During construction, the applicant shall : a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; C. Use low sulfur fuel ( .05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts) ; e. Discontinue construction during second stage smog alerts. D 4�4!�/-/- 17y41C-T , Page 13 - Council /Agency Minutes - 7/1/91 9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 10. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All signs shall be brought into compliance with the Huntington Beach Ordinance Code. (Article 961 ) b. Compliance with all conditions of approval specified herein shall be accomplished. 11 . A Certificate to Operate shall be issued by the Department of Community Development as required by Section 9730.80 of the Huntington Beach Ordinance Code. 12. A review of the use shall be conducted within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions or code sections, Conditional Use Permit No. 90-59 and Conditional Exception (Variance) No. 91-11 may become null and void. 13. The City Council reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 14. This conditional use permit shall become null and void unless exercised within one (1 ) year of the date of final approval , or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 15. The Traffic Impact Fee shall be paid prior to final building permit approval . 16. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. Findings for Approval - Conditional Exception (Variance) No. 91-11 : 1 . Due to the location of existing buildings there are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. 2. The granting of a conditional exception for a reduction of 11 parking spaces is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception (Variance) No. 90-11 for reduction of 11 parking spaces will not be materially detrimental to the public i health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. -D4�-�r� Page 14 - Council/Agency Minutes - 7/1/91 4. The establishment, maintenance and operation of the proposed reduction of 11 parking spaces will. not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use 'or building. 5. The granting of the Conditional Exception (Variance) No. 91-11 for reduction of 11 parking spaces will not adversely affect the General Plan of the City of Huntington Beach. The motion carried by the following roll call vote: AYES: MacAllister, Silva, Green, Kelly, Robitaille, Moulton-Patterson NOES: None ABSENT: Winchell �© 1,10 i.'1 ry:CLERK WTY OF JUT 1 5 04 PIl 191 uft-17; f�eacl� ChZam"Ser el cComfterce June 28 , 1991 The Honorable Peter Green , Mayor and Members of the City Council City of Huntington Beach 2000 Main St . Huntington Beach , CA 92648 Subject: Business Retention and Expansion Dear Mayor Green: Item D-4 on the July 1 agenda concerning an appeal from Home Depot brings to the public attention the need to encourage economic development in Huntington Beach . Our Board of Directors would like to take this opportunity to address this issue . That the city's sales tax revenues have declined over $1 .5 million in the last year is not news to you , but it may be news to the residents of Huntington Beach . According to city records Home Depot is the second largest single source of sales tax revenues contributing $380 , 000 in 1990 . The proposed expansion would add an estimated $38 ,000 to $57 , 000 in tax revenues and 25 new jobs . We site this example only to demonstrate the economic impact that one business can have for the community. The city is currently expanding its economic development efforts and is working with the Chamber of Commerce to identify companies that may potentially leave the city . In order to make use of this information the City Council and Planning Commission must work with businesses in resolving problems and informing the public of the benefits that a strong business community gives to the city. 2213 Main Street,Suite 32 ` Huntington Beach,CA 92648 714/536-8888 (FAX)714/960-7654 Tillotson - 06/28/91 - p . 2 Currently it is very difficult for businesses wishing to locate in Huntington Beach or to expand . their operations in the city to gain approval for their plans due to the complex and often conflicting requirements put on them by the community . Our Board would like to encourage the City Council to take this opportunity to review the difficult maze that business must negotiate in its efforts to bring economically beneficial sales to the city. Our Board would like to encourage the city to continue its efforts in economic development . It is important for the City Council to weigh the benefits that business expansion brings to the entire city and to make decisions based on their election to represent the interests of the entire community. Sincerely, �l aydee Tillotson Presi ent HVT:mmd cc : Mike Uberuaga, City Administrator Ray Silver , Assistant City Administrator Barbara Kaiser , Deputy City Administrator • �� ' CITY OF HUNTINGTON BEACH CA 91-24"Ov COUNCIL - ADMINISTRATOR COMMUNICATION • HUNTINGTON BEACH To Mayor and City Council From Michael T. Uberuag� City Administrator Subject Home Depot Complaints- Date July 1, 1991 Agenda Item D-4 3 I am making available to all Councilmembers the attached lists of incidents reported at 6912 Edinger Avenue (Home Depot) that have been received by both the Police x Department and the city's Land Use Enforcement Section of the Community Development-Department. The Police incidents are from April 28, 1990, through June 23, 1991.. The Land Use Enforcement incidents are from July 7, 1989, through May 9, 1991._ t '"rn u: MTU/RB:pf Attachments ' LID • �l� v - 7 ~ ^ ` - - - PRIOR INCIDENTS AT '6912EDINGER AV-HB ' - - - 1 1072697 06/23/91 459V-VEHICLE BURGLARY �11069374 06/16/91 925X- SUSPICIOUS CIRCUMSTANCES � 1069145 06/15/91 928-FOUND PROPERTY 4 1068667 06/14/91 488C- 488 SUSP IN CUSTODY 5 1062600 05/31/91 10/6 6 1062587 05/31/91 901T/MINOR INJURIES 7 1062214 05/30/91 PC-PATROL CHECK ' 8 1060762 05/27/91 488R- PETTY THEFT REPORT _ 91-012163 � 9 1059432 05/24/91 459A- BURGLARY ALARM 10 1056609 05/17/91 488 10 AGO 11 1055858 05/15/91 930-SEE THE MAN 12 1053232 05/09/91 586-ILLEGALLY PARKED VEHICLE (S) 13 1045544 04/21/91 488-PETTY THEFT 91-009131 14 1043542 04/17/91 459A- BURGLARY ALARM 15 1043522 04/17/91 459S- BURGLARY ALARM - SILENT 16 1042620 04/15/91 10 6 W/SEC 17 1042611 04/14/91 459S- BURGLARY ALARM - SILENT 18 1038086 04/04/91 586-ILLEGALLY PARKED VEHICLE (S) 19 1037797 04/04/91 211S- ROBBERY ALARM - SILENT Enter line number for more info. Back . Top , Wit , 'RETURN ' : ___ POLICE DISPATCH - - - PRIOR INCIDENTS AT '6912EDINGER AV-HB ' - - - 1111036701 04/01/91 415-DISTURBING THE PEACE 1035934 03/30/91 DETAIL 1035276 03/28/91 415-DISTURBING THE PEACE 23 1035267 03/28/91 PC-PATROL CHECK 24 1028951 03/12/91 503R-STOLEN VEHICLE REPORT 91-005802 25 1028648 03/ 11/91 CO-CITY ORDINANCE VIOLATION 26 1021996 02/23/91 459S- BURGLARY ALARM - SILENT 27 1018494 02/14/91 211S- ROBBERY ALARM - SILENT 28 1016780 02/11/91 P/A-PUBLIC ASSIST 29 1016777 02/11/91 459S- BURGLARY ALARM - SILENT 30 1016733 02/10/91 4598- BURGLARY ALARM - SlLENT 31 1011374 01/28/91 476A- CHECKS - INSUFFICIENT FUNDS 91-002248 32 1010165 01/25/91 930-SEE THE MAN . 33 1003909 01/10/91 476A- CHECKS - INSUFFICIENT FUNDS 91-000812 ^ 34 1003512 01/09/91 211S- ROBBERY ALARM - SILENT - 35 1003491 01/09/91 476A- CHECKS - INSUFFICIENT FUNDS 91-000734 36 0161666 12/26/90 901T-INJURY TX, 90-033720 37 0160059 12/21/90 503 /EMBEZZLEMENT 38 0155392 12/10/90 476A- CHECKS - INSUFFICIENT FUNDS 90-032480 Enter line number for more info, Back , Top , eXit . 'RETURN ' : POLICE DISPATCH - - - PRIOR INCIDENTS AT '6912 EDINGER AV-HB ' - - - 111153835 12/07/90 476A- CHECKS - INSUFFICIENT FUNDS 90-032157 0152630 12/04/90 476A- CHECKS - INSUFFICIENT FUNDS 90-031911 41 0152556 12/04/90 476A- CHECKS - INSUFFICIENT FUNDS 90-031898 42 0152021 12/03/90 TRAFFIC STOP 90-031780 ` 43 0152020 12/03/90 459A- BURGLARY ALARM 44 0151918 12/02/90 415-DISTURBING THE PEACE 45 0151806 12/02/90 586-ILLEGALLY PARKED VEHICLE (S) 46 0144688 11 /15/90 459S- BURGLARY ALARM - SILENT �� 49 0143534 11 /13/90 487R-GRAND THEFT REPORT 90-030048 5r� �14^ 011 11/07/90 A488 51 0138790 11/02/90 487_GRAND THEFT 90-029070 52 010706 10/21/90 45pS- BURGLARY ALARM - SILENT 53 0133329 10/21/90 459S- BURGLARY ALARM - SILENT 0133214 10/20/90 459S- BURGLARY ALARM - SILENT ���0131055 10/16/90 925C- SUSPICIOUS VEHICLE - OCCUPIED 56 0130743 10/15/90 928-FOUND PROPERTY 90-02726q 57 0128979 10/11/90 922-ILLEGAL PEDDLING Enter line number for more info. Back , Top , Wit , 'RETURN ' : ` POLICE DISPATCH - - - PRIOR INCIDENTS AT '6912 EDINGER AV-HB ' - - - 58 0126201 10/05/90 476A- CHECKS - INSUFFICIENT FUNDS 90-026335 59 0125215 10/03/90 476A- CHECKS - INSUFFICIENT FUNDS 90-026158 60 0124624 10/02/90 586-ILLEGALLY PARKED VEHICLE (S) 61 0122334 09/27/90 476A- CHECKS - INSUFFICIENT FUNDS 90-025579 62 0121210 09/24/90 922-ILLEGAL PEDDLING 63 0118885 09/19/90 211S- ROBBERY ALARM - SILENT 64 0114872 09/11/90 459 A PERIMETER 65 0113560 09/08/90 488C- 488 SUSP IN CUSTODY 90-023799 66 0113590 09/08/90 459A- BURGLARY ALARM 67 0109745 08/31/90 488R- PETTY THEFT REPORT 90-023062 68 0107482 08/26/90 459 J/ 3 90-022623 69 0106342 08/24/90 476A- CHECKS - INSUFFICIENT FUNDS 90-022363 70 0105679 08/22/90 476A- CHECKS - INSUFFICIENT FUNDS 90-022215 71 0105674 08/22/90 476A- CHECKS - INSUFFICIENT FUNDS 90-022204 0105654 08/22/90 476A- CHECKS - INSUFFICIENT FUNDS 90-022195 0105129 08/21/90 476A- CHECKS - INSUFFICIENT FUNDS 90-022043 7�' 0103996 08/19/90 459S- BURGLARY ALARM - SILENT 75 0103564 08/18/90 459S- BURGLARY ALARM - SILENT 76 0101816 08/14/90 925S Enter line number for more info. Back. Too , Wit , 'RETURN ' : ' POLICE DISPATCH - - - PRIOR INCIDENTS AT '6912 EDINGER AV-HB ' - - - 77 0101623 O8/13/90 586-ILLEGALLY PARKED VEHICLE (S) . 78 0101451 08/13/90 503R-VEHICLE THEFT REPORT 90-021269 � 79 0096195 08/02/90 476A- CHECKS - INSUFFICIENT FUNDS 90-020118 - 80 0091923 07/24/90 476A- CHECKS - INSUFFICIENT FUNDS 90-019247 81 0091854 07/24/90 476A- CHECKS - INSUFFICIENT FUNDS 90-019208 82 0089314 07/19/90 488R- PETTY THEFT REPORT 90-01865) 83 0085768 07/12/90 476A- CHECKS - INSUFFICIENT FUNDS 90-018012 84 0080952 07/03/90 AotHOME 925N-SUSPICIOUS NOISES 85 0078683 06/28/90 2115- ROBBERY ALARM - SILENT 86 0078475 06/28/90 476A- CHECKS - INSUFFICIENT FUNDS 90-016578 87 0078202 06/27/90 476A_ CHECKS - INSUFFICIENT FUNDS 90-016528 88 0073673 06/18/90 476A- CHECKS - INSUFFICIENT- FUNDS 90-015597 89 0072297 06/15/90 476A- CHECKS - INSUFFICIENT FUNDS 90-015286 90 0063597 05/27/90 459A- BURGLARY ALARM 110062116 05/24/90 476A- CHECKS - INSUFFICIENT FUNDS 90-013052 � 0055672 05/10/90 476A- CHECKS - INSUFFICIENT FUNDS 90-011717 93 0055219 05/09/90 476A- CHECKS - INSUFFICIENT FUNDS 90-011620 94 0055187 05/09/90 476A- CHECKS - INSUFFICIENT FUNDS 90-011599 95 0050286 04/28/90 CO-CITY ORDINANCE VIOLATION | Enter line number for more info, Back , Top , eXit , 'RETURN ' : ' ' � � ._ 0------------------------------------------------------------------- INVESTIGATION STATUS +----------------+----------------------------------------------------+ LOG # 890721 ADDRESS 6912 Edinger DATE RECEIVED 07/07/89 NATURE Sergi trucks delivering at 2:OOam to Home Depot. DATE INSPECTED 08/14/89 PROSECUTION VIOLATION? n CLEARED? y INITIALS PW +----------------- +-- ------------------------------------------------------------------- INVESTIGATION STATUS +----------------+----------------------------------------------------- LOG # 891245 ADDRESS 6912 Edinger DATE RECEIVED 12/08/89 NATURE Electric lights for tree lights. DATE INSPECTED 12/18/89 PROSECUTION VIOLATION? N CLEARED? Y NITIALS MK . -------------- 4ore output follows - press [Cancel] to quit, any key to continue • -------------------------------- INVESTIGATION STATUS +----------------+----------------------------------------------------+ LOG # 900616 ADDRESS 6912 Edinger DATE RECEIVED 06/05/90 NATURE Violating CUP/unloading outside/operat. after hrs. DATE INSPECTED 08/28/90 PROSECUTION VIOLATION? N CLEARED? Y INITIALS MK +----------------i- ----1------------------------------------------------------------------F INVESTIGATION STATUS +----------------+----------------------------------------------------+ LOG # 900690 ADDRESS 6912 Edinger DATE RECEIVED 06/12/90 NATURE Home Depot loading & unloading outside fence area DATE INSPECTED 08/28/90 PROSECUTION VIOLATION? N CLEARED? Y INITIALS MK -------------F i ----- -------------------------------------------------------------+ INVESTIGATION STATUS +----------------+----------------------------------------------------- LOG # 908202 ADDRESS 6912 Edinger DATE RECEIVED 08/16/90 NATURE Unloading in parking area, storing outside,etc.. DATE INSPECTED 09/05/90 PROSECUTION VIOLATION? N 'CLEARED? Y INITIALS MK +----------------+ +---=------------------------------------------------------------------ INVESTIGATION STATUS +----------------+----------------------------------------------------+ LOG # 9102175 ADDRESS 6912 Edinger DATE RECEIVED 02/21/91 NATURE Banners & outside display of merchandise. DATE INSPECTED 02/27/91 PROSECUTION VIOLATION? Y CLEARED? Y INITIALS MG +�-------------+ f ---------------------------------------------------------------------- INVESTIGATION STATUS +----------------+----------------------------------------------------+ LOG # 910556 ADDRESS 6912 Edinger DATE RECEIVED 05/09/91 NATURE Violating CUP, gates open after 1OPM. DATE INSPECTED PROSECUTION VIOLATION? CLEARED? INLTIALS MK +--- . -----------+ Press any key to continue] • `Audwrized to Publish AdvardsenWas of d kinds inckx" public relics by Owv@ of the Supeiar CA=of Orarpe cau*CWjoeriar,Number A4214 Sepmmber 29, 1961,and , A4=1 June 11.1963 STATE OF CALIFORNIA County of Orange am a Citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the below entitled matter. 1 am a principal cierk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published Ins the City of Costa Mesa, County of Orange, State of Calfomla, and that REGQUEST' E-xpansion of PrBLIC NOTICE the Home Depot into adja- attached Notice is a true and complete copy as cent sites relocation of NOTICE OF garden eente was printed printed and published in the Costa Mesa. PUBLIti HEARING ment of customer loading APPEAL OF THE zone parking variance for Newport Beach, Huntington Beach, Fountaln PLANNING t 1 spaces. This is ar ap- COM ISSION'S peal by ihe applicant Valley, lane, the South Coast communities and APPROVAL OF (Home Depot) of certain of CONDITIONAL USE the Planning Commiss'on's Laguna Beach issues of said newspaper to wit conditions of approval for PERMIT NO.9t)•59 the Home Depot a pahsion the issue(s) of: AND PPEAL OF which as approved by the THE PLANNING. Planing Commission on COMMISSION'S .May 7, 1991. Specifically DENIAL OF being is C•o CONDITIONAL lion No. 1c deleting the outdoor garden eeiter RIE.P_n mXNCErtPspATlo-o�1IJune 21, 1991 tnO1 Nto' ,ywcCaaololonlnlw sdtaiirnt nigocd nt ti hoCNeno onP.dola1ift neion.anmr eg Nas•uoCo:iu orinnm1 d93- t"zs mission to revoke the eon- p�arking.va►lance) �d"itional use permit should ' NOTICE IS HEREBYR Violations of conditions GIVEN that the.Huntin ton •beach Cit Co'=�un�cil will occur. Iso being appealed y :> s the Planning C C-0 .hold a publie�hearing in the �-. missions denial of n- Ccil CI amber at the ditto al Exception (V ri- gton Beach Civic .ante No. 91-11 for an 11 Center 2000 fu am Street space parking variance. Huntington Beach; Calitor- ��*i nia..on,the date__and at the ENVIRONMENTAL S A• w TUS: Categorically exempt time indicated below tp re• Ja�.+.r �@ pursuant to S�om 15301, ceve and consider he .�4t m� .,� Class of the California. sta'temerits of all persons vrho wish to be-heard��e'la`�- Environmental Quality Act. 'five to the appli¢ationr de- COASTAL STATUS: Not __ �scribed below:- apPlica le DATE TIME:.Monday, July- ON FILE: A copy of the ' r991 7 00 FfVI proposed request is on file APP�=AT ONz NUMBER: m the Community Develop- �-+� ent Department, 2000 C-onditronal Use Per it No Main Street, Huntington 0`•5'9'Condtti nal xcep- � -� hon No 911.11-� Beach, California _926n13, declare, under penalty of perjury, that the � fo inspection l;y the pub- P •7 P 'J '7 APPLIC�A_NrTiAPPE' LANT: lic. A copy of the staff re- Dennis Gou her Ho a ort will be available to i - foregoing is true and correct. •spot) r- y (, crested parties at City Hall LO+'C�ATION: 6912 Edi'hger pr the Main City Library A e�nue, ( one Depot (7111 Talbert A enue) after ExExecuted on June 21, 19g 1 Shopping Center June 26, 1991. r � ' (Eom- rnuiity Business District• ALL INTERE'STE'D PBR-i at Costa Mesa, California. F�Igoit I SONS are i g arin g i d to attend sad he a d express t, '�/G'�.!'�2"�� opinions or subrmit evi-. dense for or agai st the apPlieation as outlined �� - above. f there re any fur- Signature ther questions, please call Hal Simmons, Se�iorl ner at 536=52+71f. ,t/j1/ •Conrife Brockway, ,T Gl�ty Clerk :':Published Orange.@oast 45, QUn,+ 'Daily Pilot June 21. 1991 th360 PROOF OF PUBLICATION \ t NOTICE OF PUBLIC HEARING APPEAL OF THE PLANNING COMMISSION' S APPROVAL OF CONDITIONAL USE PERMIT NO. 90-59 & APPEAL OF THE PLANNING COMMISSION' S DENIAL OF CONDITIONAL EXCEPTION NO. 91-11 (Expansion to Home Depot with parking variance) 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, July 1, 1991, 7: 00 PM APPLICATION NUMBER: Conditional Use Permit No. 90-59/Conditional Exception No. 91-11 APPLICANT/ APPELLANT: Dennis Goughary (Home Depot) LOCATION: 6912 Edinger Avenue (Home Depot Shopping Center) ZONE: C2-FP2 (Community Business District-Floodplain) REQUEST: Expansion of the Home Depot into adjacent suites, relocation of garden center, establishment of customer loading zone, parking variance for 11 spaces . This is an appeal by the applicant (Home Depot) of certain of the Planning Commission' s conditions of approval for the Home Depot expansion which was approved by the Planning Commission on May 7, 1991. Specifically being appealed is Condition No . lc. deleting the outdoor garden center, Condition No. le. requiring construction of a sound wall and Condition No . 13 allowing the Planning Commission to revoke the conditional use permit should violations of conditions occur. Also being appealed is the Planning Commission' s denial of Conditional Exception (Variance) No. 91-11 for an 11 space parking variance. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. COASTAL STATUS: Not applicable � c� VER ON FILE: A copy of the proposed request is on file in the City Clerk' s Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after June 26, 1991. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Hal Simmons, Senior Planner at 536-5271. Connie Brockway City Clerk (9992d-1,2) GUARANTEE Liability $ 100.00 Order No. Fee $ NC- Your Ref. 300' Varience Golden West/Edinger/Pitman :Lane FIRST AMERICAN TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES Home Depot 601 S. Placentia Fullerton, Ca 92631 Attn; Naomi Bryant or Dennis Gouchary herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the, identity of and party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company' s liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. Dated: September 26, 1990 FIRST AMERICAN TITLE INSURAI, 1� O ,- James F. Gominsky Assistant Vice President Director of Special Services First American Title Insurance Co. 114 E. Fifth Street Santa Ana, CA 92702 714/558-3211 I SCHEDULE A PROPERTY OWNER'S NOTICE GUARANTEE 1. That, according to the last equalized "Assessment Roll" in the Office of the Orange County Tax Assessor - a. The persons listed as "Asses6ed Owner" are shown on the assessment roll as owning real property within 300' feet of the property identified on the assessment roll as Assessor's Parcel Number 146,463-14,16,18,20,22,24,25 b. The Assessor's Parcel Number and any addresses shown on the assessment roll are attached hereto. 2. That, according to the Company's property records, (but without examination of those Company records maintained or indexed by name) , there have been no documents recorded subsequent to November 1989 purporting to transfer title to any of the properties listed. 146-472-04 APN: 146-473-03 1� D. . Mc Callum Richard W. Deaner v' � 6841 Nyanza Dr. 6842 Nyanza Dr. ` Nuntingtn Bch CA 92647 Huntington Beach CA 92647 "� �_-- --- _' '__- ^ x JIN:PN: 146-473-O4 146-472-06 � � Paul B. Tayne 11 Robert Thrall . � n 6861 Nyanza Dr. Bch CA 92647 Huntington Beach' C.4111—,�Q22-647 -473706 � -` ` - ' ' - --' - �. — D ' ' - , , P Whitman ' Orville '! 6891 Nyanza Dr. - ' A V``�, w, APN: 146-472-10 ' APN: 146-473-09 � Ronald J. Keen �; Jack L. Pazanti ` � 6901 Nyanza Dr. 6902 Nyanza Dr. i / Huntingtn Bch CA 9264/ Huntington Beach CA 92647 ' v - . APN: 146-473-10 � »�| APN: 146-4 12 . /. . James T. NadY | Heung Soo Hong ' , 6912 Nyanza Dr. : 6921 Nyanza Dr. ' / ~ — ' | ' ' ' � Huntingtn Bch CA 92647 i ! Huntindton Beach CA 92647 ' ' . � � ' \JAPN: 146-472-13 APN: 146-473-12 | Arthur J. Tocoo August Benz . � 6931 Nyanja Dr. / ' 6932 Nyanza Dr. / � � Huntington Beach CA 92647 Huntingtn Bch CA 92646 146-471-01 ��»���� ��-���� hw APN: 146-471-02 ' Robert L. Neal ���« ' ' ' ! � Christopher Mark B`�� nski 29{>�} W. Temple St. �4Y� | � 16152 Pitman Lane --- | ' � � Los Angeles CA 900226 Huntington Beach CA 92647 All, -195. ;QQ: 142-352-30 ) JIN: 142-353-01 Gary F. Newton K Lawrence E. Lindlow � APN: 146-4�2-16 � Be ntington Beach CA 92647 Huntingtn Bch CA 92647 -PN: 146r472-17 Michael A. Lordanich ' Guy F. Woods | | ' 16182 Type Lane / i 16182 Type Lane Huntington Beach CA 92647 | | Huntingtn Bch CA 92647 | | vw /�_1r Gloria E. Carrillo | Lane |� � on Beach CA 92 | . ' : 145-252-64 . � ^ : 142-351-05 � `� Hubbell Family P n artership LTD Chris Kiralla ' 1161 ' Bryant Rd . � 7O21 Bluesails Dr. Long Beach CA 90815 ' � ' Huntington Beach CA 92647 ��� APN: 142-351-D7 '\��PN: 142-352-01' � | � John Grant Clark 3rd / Marguerite M. Dundee -Q ! Huntington Beach CA 92647 Huntington Beach CA 92647 i ' Huntington Beach CA Huntington Beach CA . 92647 _���. ��� APN: 145-252-65 : 146-473-23 ~' � Hubbell Family PartnershipLTD /\y Lawrence G. Gruenwald . ' . ^ �0 ' 1161 Bryant Rd . 3460 Summerford Ct. Long Beach CA 90815 Marietta GA 30062- fj Ren Y. Lin HWA J. Park Huntington Beach CA 92647 Huntington Beach CA 92649 o� Kathry�-i A. Gregory Donald J. Griskonis Huntington Beach CA 92647 1--ILtntington Beach CA 92647 Dolores L. Russell V�fel�rthur D. Romero J1 Huntinjtn Bch CA 92647 Huntingtn Bch CA 92647 -472-01 Carlos E. A0 in;elli Gardner I&M Marian Lane 16142 Marian Lane Hunt-ingtoQ Beach CA 92647 Huntingtn Bch CA 92647 Max T. Burris Mildred B. Vanderlip 16152 Marian Lane 16161 Marian Lane Huntingtn Bch CA 92647 Huntington Beach CA 92647 -rA--I'l J.46-�-7-:,---? t!i,IPN: 146-471-09 Davi I ofn Charles A. Graff 16182 Marian Lane 16191 Marian Lane J1 Huntington Beach CA 92647 Huntingtn Bch CA 92647 \/' ' Art Kardashian James B. You ng 16202 Marian Lane 6821 Nyanza Dr. j Huntington Beach CA 92647 92647 ' 145-252-57 PK: 142-131-O4 / 6race Lu�heran Hun Tington Be Chu/ x Frank M . Dovle ' 6931, Edinger Ave. 7092 Edinger Ave. Huntingtn Bch CA 92647 ' Huntington Beach CA 92647 APN: 142-072-05 �/ APN: 142-131-11 Coast Community College Dist Frank M. Doyle 2701 Fairview Rd ., 7092 Edinger Ave. Costa Mesa CA 92626 Huntington Beach CA 92647 \ \/APN: 145-252-35 /�` APN: 145-252-42 Len Richan ` Ken Asato 16149 Oakmont Way 15932 Feola Circle � Chino CA 91709 Huntingtn Bch CA 92647 \ ~' �/APN: 145-252-41 /APN: 145-252-37 \/ James H. Bridges A B Jacobs & Assoc P.O. Box 10911 P.O. Box 655 ' Costa Mesa CA 92627 Laguna Beach CA 92652 � APN: 145-252-39 Michael V. Dinapoli George Coonis 15971 Feola Circle 15972 Feola Circle Huntington Beach CA 92647 Huntingtn Bch CA 92647 }/ APN: 142-131-1O V'APN: 145-252-23 Frank M. Doyle Jack Stevens 7092 Edinger Ave. P.O. Box 009 } Huntington Beach CA 92647 Orange CA 92613 / 145-252-22 ^' APN: 145-252-18 v Edgar L. Barckley Wen-Shan Lin 15942 Maim Circle 15951 Maim Circle ' Huntingtn Bch CA 92647 Huntington Beach CA 92647 'l QPN: 145-252-19 QPNn 145-252-20 x Jack L. Mohl ` ictor R. Enyart ' 15971 Maim Circle 15972 Maim Circle / Huntingtn Bch CA 92647 Huntington Beach CA 92647 ^ ^ "/^PN: 146-463-02 ' James E. Wilson Donald C. 16022 Marian Lane 16032 Marian Lane j Huntingtn Bch CA 92647Hunti . .�v' APN: 146-462-17 "/ APN: 146-463-04 Morris Dubrcx4- Margaret E. Borren 16051 Marian Lane P.O. Box 1345 , � Huntington Beach CA 92647 Huntington Beach CA 92647 / � v'APN: 146-462-16 APN: 146-463-06 Dennis A. Andersen Lawrence Datko 16071 Marian Lane 16072 Marian Lane 0 Huntingtn Bch CA 92647 Huntingtn Bch CA 92647 � 146-463-03 i' Dept. of Vets Affairs 16032 Marjan Lane Huntington Beach, CA 92647 V146-462-11 Stephanie C. Yeh 16121 Marjan Lane Huntington Beach, CA 92647 V/ 146-472-11 Carol J. Grace 6911 Nyanza Lane Huntington Beach, CA 92647 v/ 146-473-06 Robert Sandefer 6872 Nyanza Lane Huntington Beach, CA 9264T V 146-472-19 J Francisco Felix, Jr. 16202 Tyee Lane Huntington Beach, CA 92647 . ` '' .. .. `. . APN: 146-463-07 ~ ' APN: 146-462-14 | Samuel C. Whittaker '| Helen L. Chase | 16082 Marian Lane �� 16091 Marian Lane r Huntington Beach CA 92647 Huntingtn Bch CA 92647 - - /^ �~APN: 146-462-13 �^ � APO: 46-463-09 ' James A. Perez |! Beverly E. Gross !' _ 16101 Marian Lane .� 16102 Marian Lane � . Huntingtn Bch CA 92647 |' Huntington Beach CA 92847 Vern H. Hart Steven J. Morrissey 16112 Marian Lane 1-6121 Marian Lane Huntington Beach CA 92647 Hunting-Lon Be a c 1h C A 2.64 7 ` APN: 146-462-10 APO:: 146-463-12 Y Richard D. Evans j Ida M ` i ^ Durand ' 16131 Marian Lane l 16132 Marian Lane Huntington Beach CA 92647 ' ] Huntington Beach CA 92647 / 146-4�2-02 '' APN: 146-462-03 '| Thomas W. �Rustemeyer �/ Edward A. Esh � �/ 16052 Pitman Lane �, 16072 Pitman Lane Huntington Beach CA 92647 Huntington Beach CA 90505 ` �` �. � �� APN: 146-462-05 ' �� APN: 146-462-06 ' ~ Jimmie D. Lea Nelson G. King | ' 24331 Falcon St. . 16102 Pitman Lane El Toro CA 92630 �� Huntingtn Bch CA 92647 ` . , . APN: 146-462-08 )w� APN: 146-462-09 John A. Dawson E. Patricia Olson 16122 Pitman Lane - 16132 Pitman Ave. Huntingtn Bch CA 92647 : Huntington Beach- CA 92647 �11,/Ar:'N: ',rn. 145-252-01 Craig . . Larson Lee R. Abbamondi -' ^5972 Sher beck L"^..= ' ' , - ' ` et.el uel:new TS09-1: aJa}I aw "U Aal.1 Lt.1S APN: .1.46-463-..OS t`. bIfZ6 V3 aU LA : Robert W. Le:inweber :• 30H Pau bi: 16092 Marian Lane ::ySS "H WVTIITM Huntington Beach CA 92647 f- GO-29b-9bl !NdV I ✓APN n :1.46-••46 --12 r. IV9Z6 VO qnOaa u01 Fat. ll un{-I Samuel C. Whittaker aUVI u>'C., eW Tb097: 16111 Marian Lane - 4 #3'(:-Z9b-9b'I: 1�I�:I'v^ Hun-tingtn Bch CA 92 647 I ` . r Lb9u6 VO t.1_ eaa uo:j Bujj unj_j �AI='hl: :1.46-4E...:>-:1.1 7 � Gene H. Wilson caue u>_ rj 'W z009'G .1.Ei.l.t^.'.2 Marian Lane T.OaN "hl ,ieticlo].ssa ��y;) I•iurtting'tn Bch CA 92647 10-C9b--9bT INdV/ ✓ 1..b9ti E, VO c(=;eae uol Eyt. l l unI.•I A!�'hl: ':1.46....�4)6�:...0:{. - ,�'C:a.�'r,7 tu'Ct'1�1 c�'.:;6':;T Galen G. Voge.0 16042 Pitman Lane AaPU!j "'•I sawef Hurtting'l-n Bch CA 92647 TL'»L`-7�,»-I:�b'G iI�I.]V/� Gb9Z6 V3 4:) as uol Bull un1-I AI='h1: :1.46-••4E,��-04 � e'C=ta'r;] w'[eIxl TbbS T Preston B. Davis :1.6082 Pitman Lane Aat-I3l•elj "I I•iun tingtn Bch CA 92647 ,, � IT-ZGZ--GbT INS!/I L.b9Z6 V3 t. 3 ao uoj Buj j tn-H -- _ �A4"'hl: :1.4Ey-4b�-•-07 .. ..eAV �t�a f�to r ft::a �'b0/.. .]It:ir:lc_�rw� M. Kei'tcar elfo0 -W >It.ej.7..I :1.6112 Pitman Lane 60•-T2T--ZbT :I•a.:1V/, Huntington Beach CA 92647 � 0�:. 6b9Z6 VJ MOMS uolButa.uni..1 AF'hl: :1.45-25?- r: - William Beverley e'1::7..�-6;J ' ].u>�<:>t�4�'C.:] c�60l_'C w c '{.leciclweo "C '.S•swwo! .j. :I.:y952 herbec:k:. Lane Otr-�.'.�] 4ab'I: "I�I:J4' ,{ I••I t-ua•t i rt g'l•rt X:t c`h C�A 92647 _. - ✓APN: 146-461-04 G_, Zb9Z6 Vo Movae uoj Bujj unj--I ' Warren Robert Gantino Jr" 013ATO >_aloeA Tb6G'I: 678]. Walton Dr. >»�aqO AeAat.lj j]-I Hun tiny ton Leach CA 92647. :. t 9�-��� -�abT a 1�4 �>A Zb9Z6 VO t.Ibeaa uolBulf unI••I alAo0 -W queA.-1 /..b 6 VO t.l=i'1:>aa ct!:j b!.11:j unj-.j . / eb936 V3 qzpa8 uolbullunH ^AO ezua{N 3389 . ' WTmS ^J sTWoO . ;V APN: 146-472-05 r 00-2eb-9t`T :NJV � Germain P. Langner 6851 Nyanza Dr, Huntington Beach CA 92647 (- Mp36 V3 qz8 ujbujjunH aupl MAW 3619T APN: 146-473-05 "2eb-9bT :NJV � � Stephen T. Chuck 16382 Redlands Lane _ Huntington Beach CA 92647 15936 V3 4npa8 uojb«TjunH aupl MAW T819T upAl up/\ maTl : 146-472-08 (- �k \� Joseph Scerri � 6881 Nyanza DrHuKtingtn Bch CA 92647. - � ( et'936 V3 qz8 ujouTjunH aupl uprjpW TG19T �plla� zW 1103S ^S ' -�'APN: 146-473-08 � � n � R. Fletcher � ' .` Karl R - ` — - ---------' ---v� 6892 Nyanza_Dr. Huntingtn Bch CA 92647 / Zt'936 V3 438 ujbujjUiH ^AO IsA»4laA»el T269 r AallanW Aupij ,^ ~� Diana L. Visser 6911 Nyanza ~y. -- - ----'----- - --- ( Zt'936 V3 4a8 ujbujjunH ^ ^AO Isinqlainel 1069 � sau00 ^V lassnH � APN: 146-473-11 � � 9T-2��-9�T :N�V � ' Kenneth A. & Kathy L. Smith 6922 Nyanza Dr. ---'--- '----- Huntington Beach CA 92647 � . Zh936 V3 43pa8 uc4bujjunH -AU Isi»4lai»pl 1189 a»l8 ^8 spJb»oO APN: 146-472-14 61-2lh-9bT :NJV � ' ` David A. Graham 6941 Nyanza Dr. ` � ----- -- '-- W936 V3 qzpa8 uojbujjunH ^ja jsAnqlaAnel Th89 spmoO 3J-2eb-9bT :NJVDVA /1 / -itingth Bch -CA -9264-/ _ - - It,936 V3 q:)8 uj. buTjunH awl abpjAa Tn9T uojAajj.p8 ^8 AalupjS A . : .461 47 . . -- 1771V — David Perry ' 16152 Tyee Lane ^ ` Huntington Beach CA 92647 I.V936 V2 qDpa8 uojbujjunH _ aupl aopTA8 T219T �. ruoslaJpH bIpA2 ^S 146-472-18 �� ~ �O-T�2-3�T :NJV/ EZRA Anzaruth 17691 Riviera Dr. ---------'---- - -- - - - - Blythe CA 92225 �� . 4b936 V3 qnpa8 uojbuTjunH -AU sITpsanl8 T2O/ puoOzpW ^r spmoql 90-T92-3hT :NJV� � �^ / �� r� ���/ - j 13*0 W. #3ov I�l CA goo6� lPf A&-e /14-2-072-05 (7�.07 -072--06 /142-U72-09 �: •�;a:5t Community <'olleged i st e r ed t3anl< Industrial ParK Freeway 2701 Fairview Rd Broadway #I`1300 1001 E Colorado st ( o'5r.a Mecca , CA 9262ri Diego CA 92101 Glendale , CA 91209 1 42-• 13 1- 04 ` ��42- 1 3 1-05 �42- 1 3 1-06 F'r;anK M Doyl Fr.anK M Doyle FranK M Doyle P U Box 7- 1 P O •Box 2 7092 Edinger Ave pan F rya is i sca, CA 94120 Los An les, `CA 90051 Huntington Beach, CA 92647 1 42- 1 3 1-07 /�, 2- 1 31-09 '2- 13 1- 10 Frank M Doy I- r�anl< M Doyle �anK M Doyle 7092 E.d i er Ave 7092 Ed i ngP.1' Ave 7092 Edinger Ave Hurtington Beach , CA 92647 Hunting<or-1 Beach , CA 92647 Hunti ton Beach, CA 92647 142.- 131- 11 /14a,- 131- 12 42- 131- 13 F r�anK M Doyle Frcanl<, M Doyle-- FranK M Doy1.e-' 70�2 E:d i nger Ave 7092. FEW icfer Ave 7092 Edinger Ave Huntington Beach , CA 92e647 Hunt I- ton Beach , CA 92647 H�►1�ington Beach, CA 92647 142-•321- 13 \ /142-3.21- 14 ��- 142-321- 15 �,corge W Psar05 v City Of Hunt_i--rigton Beach Industrial ParK Freeway 3531 Venture Or P O Box 0 27 Burning Tree Cir Huntington Beach , CA 92649 Hunti gtn Bch , CA 92648 Newport Beach , CA 92660 C 42-321-�Jjun \/ 142-351-04 142-351-05 V ity Of - gton BeaCh G C & Karen Hcarelson u Chr i s K i ralla P O Box 16131 Bridge Ln 7021 Bluesai15 Or I_lunti to Bch , CA 92646 Huntington Beach , CA 92647 Huntington Beach, CA 92647 /142-351-06 142-351-07 '" 142-351-08 ..0-iom.-?.s J F. Linda {vI.acdonald John c3 & Yvonne ClF�rl,. Ursula M Arne 7031 BluesrAi15 Dr 7041 Bluebail.5 St 7061 Blue5aii5 Or . ... ,.. , • . ,. ,, ,. .. ,., ,.J.. ..,. r.•n:-'-V. rn ,,n.:nrr W.f-I- ; .'l t.-- on_,,.-v. ,-n no,:tt-r I i "/42-5 -06 11'/1 �., 7 142-352-08 & Oorey Schug Raymond E Hunter Donald J Valentino 7102 Bluesails Dr 7112 Dlue5ai15 Dr 7122 Blue5ail5 Dr Huntin9t•.0n Be,:,ch , CA 92647 Huntingtn Beach , CA 92647 Huntingtn Bch, CA 92647 /,'�2-352-09 142-352- 10 42-352- 1 1 Walter R & Eleanor Jeppesen /[Robert N Oslan ' Donald R Kowal5Ki 7132 Bl.uesails Dr 7142 BlUesai15 Dr 7152 BlUe58il5 Dr Hurltitlgtorl Beach, CA 92647 Huntingtn Bch , CA 92647 Huntingtn Bch, CA 92647 /42-352- 12 V"(1,1dUaid ' 42-352- 1S 42-352- 14 Rorlc-�ld S & :Cris Wardell E Kahler Morgan L Edmonds 7162 Bluesaiis 7172 Blue5aiis Dr . 7192 BlUe58i15 Dr Huntington Beach , CA 926411 Huntington Beach, CA 92647 Huntingtn Bch, CA 92647 142-•352- 15 /42-352- 16 ZI 2-352- 17 N:�u1 t> & Andred SeleCKY lvyn L & I.)atricia Sterling Catherine Dvorak 7202' HlUebail.s Dr 7201 Stonewood Dr 7191 Stonewood Dr Huntirigtort Heach , CA 926411 HUrItington Be-ach, CA 92647 Huntington Beach , CA 92647 12- 352- 18 V 2-352- 19 `/ 142-352-20 r4r'offias W Delaney Alfred K Nabeta Benjamin F & Carol Jones 7171 Stonewood Dr 7161 Stonewood Dr 7151 Stonewood Dr HUr•it ir-19tn Bch , CA 92647 Huntington' Beech , CA 92647 Huntington Beach, CA 92647 J 1 42-352-2 1 1 42-:352-22 142-352-23 Melvin H Lewin Ronald F Williams James A Friedrich 7141 Stonewood Dr 7131 Stonewood Dr 7121 Stonewood Dr ilUr-Itingtn Fich , CA 9264.7 Huntingtn Bch, CA 92647 Huntingtn Bch, CA 92647 146-•463- 14 'U4 -4G3- 1 F3 146-463-20 HomE! Depot Us•a Inc othome Deco-U S A inc Home Depothoyja--�t U S A Inc Home 2727 Pace-5 F err Rd 3o33q 2727 F)a�r,P ' Ferr Rd _72- aces Ferry Rd At1sAtIt,:a,cacl 90024 Atlat-rYa ,g,=.N i b,6 30339 Atlanta,ga 30339 146-•463-24 1/ 146-463-25 t?e �othome Depot �SA Inc Home Depothomo,-6epot U S A Inc Home 2727 Paces ,Furry Rd 27 :"7 Prices Ferry Rd I T ' 1,41,42-351- 11 Philip L Hernandez 7091 Bluesails Dr Huntingtn Bch, CA 92647 142-351- 14 ` James R Heise 7121 BZuesai15 Huntington Beach , CA 92647 142-351- 17 E Kenneth 015on 7151 Bluesai15 Dr Huntington Beach , CA 92647 /42-351-20 Thomas L & Sylvia Luekens 7191 B2.ue5ai15 Dr Huntington Beach , CA 92647 142-351-23 James W Petit 16132 MoongloW Ln Huntingtn Bch, CA 92647 /142-35 1-26 VVV Hernia H Bloom 16162 MoongloW Ln Huntington Beach , CA 92647 42-352-05 Gerard M & Barbara Periolat 7092 Blue5ails Dr Niintinnrc,n RPr+r,h , CA 92647 Connie Brockway,City Clerk City of Huntington Beach - (` SPQ! Office of the City Clerk {� ;)1 °' pp a A P L ! P, `I:i! P.O.Box 190 Huntington Beach,CA 92648WN ! 4.•. 147. CA O 1 ` FF, 4NGTpy� , •.� - - s -� ��r 2.q•tS Lon 9 0�= w�-Q I'II; AiJCC!'tlrAr i'%'' t� t �,I 9y ``e,, cF�OUNTY LEGAL NOTICE- PUBLIC HEARING Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk P.O.Box 190 9 1::,) l r r l.2 !% i,aL I Huntington Beach,CA 92648 - - •» G 2C-ra o��� 1<A f+tz /til A 92691.gI69 56 S t C► ( r--hj w A tXr6 jON B u� L.p NG 6(YI 41 I C/-1 r, .�}F . � y; .._ FtVy Cf/I<<:tI:.I'tryn r1FQ r . f.B1if:1. L_<:u.tPt:'.L 1;.. S� V�k 6117 INGTpy •�fv r - F pOUN TY �'a�, LEGAL NOTICE- PUBLIC HEARING Connie Brockway,City Clerk City 9 Beach of Huntington r Office of the City Clerk P.O.Box 190 t:St: : N r J •.i! u1 s Huntington Beach,CA 92648 -qFl ,�"' ,`' �i, i 1 �� • (fig I I ►JyAN�--A 4 146-47 All Carol J. CVace ^ 6911 Nyanza Lane joy �pNTINGTOy� Huntington Beach, CA 92647 �r�► F�OUNTY Cp�� LEGAL NOTICE- PUBLIC HEARING 11111111 lilt 1111111t1ll1l I1111111i lilt II Connie Brockway,City Clerk City of Huntington Beach F:: ,• � s r Office of the City Clerk , T P.O.Box 190 �•�[i�.`I �•� �. �•!• n in. Huntington Beach,CA 92648 Connie Brockway,City Clerk City of Huntington Beach P. P (((��^V\ lf c� ', '; ' '•':: Office of the City Clerk P.O.Box 190 f I T r` 1 ! t t. :<a ►� Huntington Beach,CA 92648 I ' :1.f.>12:l. 111 iix r-- �aVNiINGTpy Flt.u, l::ir�,kcs Scrc.):rygJ r,264. 7 Q `•co•w+�r�e BF �'�Q cz i. 9 ppUNTV �a LEGAL NOTICE- PUBLIC HEARING e ;kway, City Clerk � Cq -itington Beach the City Clerk 21 j �� ""m•.d�..,,o.,: Box 190 _ �'�� G; Beach, CA 92648 c OEM— �R Indus7t>C ParK FreewaY :INGjpy 1001 E Colorado St g1209 ¢ f�v ,FPDP47 B Glendale , CA o � 7, t909•~ vTy �P LEGAL NOTICE — PUBLIC HEARING 'i 1 i i ill l i i i i it:i�l:iili:4l:iil�:lf=.t,•111�,1 lii....4a:...Ji:.�.i..i.1:{a::�.i.� wT�£ Connie Brockway,City Clerk ., ; 9 ram__ City of Huntington Beach Office of the City Clerk ? ii �'. a JU�!2! 91 f�`_ P.O. Box 190 Lau.: / '%IETER Huntington Beach,CA 92648 •f/ M +J O01 rQrt�L rll 'N :I.rdt,....r.4/,.. ��NTINGTpy i <. fd�:;f 7 � � fo F9 �a k y.C:.:• �F�p�Yl,S1 g v vow. t �' IUD 1, `EQ +z Isu9.°° D NTY CP LEGAL NOTICE - PUBLIC HEARING i � r, REQUEST FOR CITY COUNCIL ACTION July 1, 1991 Date Submitted to: Honorable Mayor and City Council Members e Submitted by: Michael T. Uberuaga, City Administrator �Iv w Prepared by: Michael Adams, Director of Community DeveloAmnt (�J Subject: APPEAL OF CONDITIONAL USE PERMIT NO. 90-59 AND �� (A CONDITIONAL EXCEPTION (VARIANCE) NO. 91-11 (HOME DEPOT EXPANSION) �y Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception �;* Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE• Transmitted for your consideration is an appeal by Home Depot of the Planning Commission' s approval of Conditional Use Permit No. 90-59 and denial of Conditional Exception (Variance) No. 91-11. Home Depot is appealing certain of the conditions of approval placed on the project by the Planning Commission on May 7, 1991, as well as the denial of the conditional exception (variance) . STAFF RECOMMENDATION: Motion to: "APPROVE THE APPEAL AND OVERTURN THE PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 90-59 AS CONDITIONED AND DENIAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 91-11 WITH FINDINGS AND CONDITIONS OF APPROVAL AS MODIFIED BY STAFF IN ATTACHMENT NO. 1 TO ALLOW EXPANSION OF USE AND RELOCATION AND EXPANSION OF THE GARDEN CENTER. " PLANNING COMMISSION RECOMMENDATION: Planning Commission Action on May 7, 1991: ON MOTION BY LEIPZIG AND SECOND BY NEWMAN THE PLANNING COMMISSION APPROVED CONDITIONAL USE PERMIT NO. 90-59 WITH FINDINGS AND CONDITIONS OF APPROVAL (ATTACHMENT NO. 2) , INCLUDING DELETION OF THE GARDEN CENTER FROM THE SITE PLAN, BY THE FOLLOWING ROLL-CALL VOTE: AYES: Newman, Shomaker, Kirkland, Dettloff, Leipzig NOES: Richardson ABSENT: Bourguignon ABSTAIN: None MOTION PASSED PIO 5/85 ON MOTION BY LEIPZIG AND SECOND BY NEWMAN, THE PLANNING COMMISSION DENIED CONDITIONAL EXCEPTION (VARIANCE) NO. 91-11 BY THE FOLLOWING ROLL-CALL VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED ANALYSIS• Conditional Use Permit No. 90-59 is a request to expand the existing Home Depot business into two existing retail suites totalling 26, 000 square feet . In addition they are requesting to relocate the Garden Center from the front of the building to the western side of the expansion area, and enlarge the Garden Center from 8, 000 square feet to 18, 000 square feet. They also propose to install a customer vehicle loading area at the old Garden Center location. The Conditional Exception (Variance) No. 91-11 is a request to add an 11-space parking variance to the site which presently has a 172 space parking variance. The owner proposes to relocate the existing Garden Center from the north (front) elevation of the retail store to the west (end) elevation. The purpose of this modification is to facilitate smother traffic movement throughout the site and eliminate congestion in the existing Garden Center area. Parking in front of the existing Garden Center will be increased to offset existing parking displaced by the relocation. The existing Home Depot north elevation, formerly screened by the Garden Center, will remain and be refurbished. All existing building signage will remain as is . The new Garden Center will be designed to harmonize with the existing Home Depot building. The existing House of Fabrics facility will be remodeled to form a link between the two portions of this elevation. The expansion of the Home Depot building is intended to increase sales volume. This increase is not directly proportional to the size of the expansion. Based upon their historical data from other locations, approximately 10-15% increase in sales volume is anticipated. This increase will come primarily from an increase in average sale per customer, rather than an increase in customer numbers . The increase in building size will enable the store to better manage incoming deliveries and inventory levels, thereby maintaining a better stock position. In addition, the increase in size will allow a better presentation of merchandise, increasing point of sale appeal . I RCA - 6/l/91 -2- (0009d) Currently Home Depot employs approximately 175 people, of which approximately half are on duty at one time. The expansion of the store may increase this number by 5-10%. A full description and analysis of the project can be found in the attached Planning Commission staff reports dated May 7, 1991 and April 2, 1991. At the May 7, 1991 Planning Commission meeting, the Commission approved the expansion of Home Depot into the adjacent suites . As part of their action, however, the Commission also conditioned that the outdoor Garden Center be deleted entirely from the site, in both the existing and proposed locations. They also conditioned the applicant to construct an eight (8) to ten (10) foot sound wall on the southern and western property lines. Since the Garden Center was deleted, there was no longer any need for the parking variance, so the Commission also acted to deny Conditional Exception No. 91-11. The applicant, Home Depot, has appealed the Planning Commission' s deletion of the Garden Center, the condition for a sound wall, the denial of the conditional exception (variance) and a condition of approval allowing the Commission to modify or revoke the conditional use permit if violations of conditions occur. The following is a synopsis of the applicant ' s reasons for appeal and a response by staff to each issue. Avo llant ' s Comment No . 1: The rationale used by the Commission in -eliminating the Garden Center was that it accounted for only a small percentage of total sales and customers could purchase garden items at other Home Depot locations . Home Depot maintains that in a competitive market it is imperative that they provide their customers with a "one-stop" shopping opportunity. Additionally, products carried in the outside Garden Center have a direct bearing on hundreds of related items which are carried in other departments within the store. Removing the garden products would have a negative impact on sales of the related items, as well as on customer satisfaction. Staff Response: Staff concurs that a Garden Center is probably an important component of the Home Depot facility. Staff further maintains that the proposed location on the western side of the building is much preferable to the existing location in the front of the building. In acting to delete the Garden Center, the Planning Commission stated that the proposed new location would have a detrimental impact on adjacent homes located approximately 70 feet ,to the west. RCA - 6/l/91 -3- (0009d) Staff feels that the proposed design of the Garden Center, with all bag goods stored behind a solid wall, will mitigate any impacts . Also, the condition for a new eight (8) to ten (10) foot sound wall on the property line will further mitigate the impacts of the Garden Center . One alternative to deletion of the Garden Center may be to allow relocation of the Center, but disallow any significant increase in size. The proposal is to expand the Garden Center from 8, 000 square feet to 18, 000 square feet. If the outdoor portion of the Garden Center is limited to 10, 000 square feet in size, there will be fewer impacts on adjacent homeowners and the need for the parking variance will be eliminated. Appellant ' s Comment No. 2 : The condition that Home Depot offer a sound wall to the adjacent neighbors on the south and west has several drawbacks . It would be difficult to obtain a consensus on height. An eight (8) or ten (10) foot wall would not attenuate truck noise and may cause additional sound reverberation. The visual impact would not be improved since the existing wall screens views from one-story homes, while an eight (8) or ten (10) foot wall would not screen views from second floors . A taller wall may negatively impact landscaping. Lastly, there would be considerable legal expense in documenting and recording encroachments across property lines for the wall. Staff Response: Staff concurs that a sound wall may be expensive to plan and construct and would not mitigate views from second stories . However, the Home Depot operation involves an unusually large number of truck deliveries and has generated many noise complaints over the years . If a sound wall would improve the compatibility of the operation with the adjacent homes, it may be worthwhile. Staff would recommend that an acoustical engineer be retained by the applicant to assess feasibility and the appropriate height. Staff feels that the condition for Home Depot to work with the neighbors on a sound wall is appropriate and should be retained unless irrefutably proven ineffective by a noise study to be reviewed by the City. Applicant ' s Comment No. 3 : The Planning Commission' s Condition No. 13 reserving the right to revoke the conditional use permit should any violations of conditions occur is unacceptable. Home Depot has too large an investment in the facility to risk conditional use permit revocation. Also, earlier this year, the Planning Commission conducted a review of the Home Depot operation and found them to be in compliance with all .conditions of approval . RCA - 6/l/91 -4- (0009d) Staff Response: Any conditional use permit may be revoked for non-compliance with conditions of approval . Section 9845 Failure to Comply of the Huntington Beach Ordinance Code establishes the right to revoke a conditional use permit for non-compliance. The code further states, however, that only the City Council can revoke a conditional use permit. The Planning Commission has historically conditioned conditional use permits for revocation by the Commission, but technically, revocations can only be enacted by the City Council . Staff would recommend that Condition No. 13 be modified to indicate non-compliance may result in revocation. of the conditional use permit by the City Council . Summary: Staff recommends that the City Council uphold the appeal and approve Conditional Use Permit No. 90-59 and Conditional Exception (Variance) No. 91-11 to include the 18, 000 square foot Garden Center, and maintain the condition for the applicant to work with the neighbors on a sound wall. The condition for the sound wall should be modified to require the sound wall only after Public Works Department and Community Development Department review and approve of a noise study to determine the effectiveness of the sound wall . Condition No. 13 should also be modified to reflect possible conditional use permit revocation by the City Council rather than by the Planning Commission. FUNDING SOURCE: No funds required. ALTERNATIVE ACTION: 1. Motion to: "Deny the appeal and uphold the Planning Commission approval of Conditional Use Permit No. 90-59 for Home Depot expansion without the Garden Center and Denial of Conditional Exception (Variance) No. 91-11. " 2 . Motion to: "Approve the appeal and approve Conditional Use Permit No. 90-59 for Home Depot Expansion including the relocation and modified expansion of the Garden Center and Denial of Conditional Exception (Variance) No. 91-11. " 3 . Motion to: "Deny the appeal and Deny Conditional Use Permit No. 90-59 and Conditional Exception (Variance) No. 91-11 with findings . " RCA - 6/l/91 -5- (0009d) ATTACHMENTS 1. Staff recommended Findings and modified Conditions of Approval 2 . Planning Commission Findings and Conditions of Approval 31. Alternative Action No. 3 Findings and Conditions of Approve Conditional Use Permit No. 90-59 and Denial of Conditional Exception (Variance) No. 91-11 4 . Alternative Action No. 4 Findings for Denial of Conditional Use Permit No. 90-59 and Conditional Exception (Variance) No. 91-11 5 . Location map 6 . Site plans, floor plans and elevations dated May 1, 1991 7. Letter of Appeal dated May 14, 1991 8 . Planning Commission Staff Report dated May 7, 1991 9 . Planning Commission Staff Report dated April 2, 1991 10 . Home Depot Parking Impact Analysis March, 1991 11. Miscellaneous Letters MTU:MA:kj 1 RCA - 6/1/91 -6- (0009d) ATTACHMENT NO. 1 APPELLANT REQUEST (STAFF RECOMMENDED) FINDINGS AND CONDITIONS OF APPROVAL FOR HOME DEPOT EXPANSION INCLUDING RELOCATION AND EXPANSION OF THE GARDEN CENTER APPROVAL OF CONDITIONAL USE PERMIT NO. 90-59 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 91-11 SUGGESTED FINDINGS FOR APPROVAL — CONDITIONAL USE PERMIT NO. 90-59 : 1. The location, site layout, and design of the proposed Home Depot expansion properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2 . The combination and relationship of one proposed to another on a site are properly integrated. 3 . The access to and parking for the proposed Home Depot expansion does not create an undue traffic problem. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO, 90-59 : 1. The site plan, floor plans and elevations received and dated May 1, 1991 shall be the conceptually. approved layout with the following modification: a . Rear parking spaces on the southern property line shall be restriped to 90 degrees only. b. Truck traffic shall be reouted one-way from an entrance behind the store off of Goldenwest Street to an exit toward Edinger Avenue on the west side of the store. r�! TMr�/get`dr�ri/Q�rt��f,�/YrI/bd�K/tK�/��Ygttrl�J/�rldt�f�d��6���I c. d1 Ivy, or other sound attenuating materials shall be placed to cover the south and west exterior walls . d. 06/ A new parimeter block wall 8 to 10 feet in height shall be constructed on the south and west property lines . This condition may be waived provided the applicant prepare an acoustical study for review and approval by the Departments of Public Works and Community Development, if the study concludes that the wall will not be effective. Attachment No. 1 =1- (0017d) 2 . Prior to submittal for building permits, the applicant/owner shall complete the following: a . Elevations shall depict colors and building materials proposed. b. Outdoor parking lot lighting shall be replaced and high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations . 3 . Prior to issuance of building permits, the applicant/owner shall complete the following: a . Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit) . A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works . C. All applicable Public Works fees shall be paid. d. Submit a Parking Management Plan for review and approval by the Community Development Department which contains parking space designations for tenants/employees . 4 . Fire Department Requirements are as follows : a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations . b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. C. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. d. Pursuant to Article 81, U.F.C. and Huntington Beach Fire Code mechanical smoke removal or smoke and heat vents, and one and one-half (1. 5) inch hose connections, hose cabinets, and fire lines with nozzels shall be provided and approved by !the Fire Department. e. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards . Attachment No. 1 -2- (0017d) 5 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6 . All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 7. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months . 8 . During construction, the applicant shall : a . Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; C. Use low sulfur fuel ( . 05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts) ; e. Discontinue construction during second stage smog alerts . 9 . Construction shall be limited to Monday - Saturday 7: 00 AM to 8 : 00 PM. Construction shall be prohibited Sundays and Federal holidays . 10 . Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All signs shall be brought into compliance with the Huntington Beach Ordinance Code. (Article 961) b. Compliance with all conditions of approval specified herein shall be accomplished. 11. A Certificate to Operate shall be issued by the Department of Community Development as required by Section 9730. 80 of the Huntington Beach Ordinance Code. 12 . A review of the use shall be conducted within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions or code sections, Conditional Use Permit No. 90-59 and Conditional Exception (Variance) No. 91-11 may become null and void. Attachment No. 1 -3- (0017d) 13 . The City Council reserves the right to aOdXfY/YH9/k9YR1X revoke Of this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs . 14 . This conditional use permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 15 . The Traffic Impact Fee shall be paid prior to final building permit approval . 16 . The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-11• 1 . Due to the location of existing buildings there are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. 2 . The granting of a conditional exception for a reduction of 11 parking spaces is necessary in order to preserve the enjoyment of one or more substantial property rights . 3 . The granting of Conditional Exception (Variance) No. 90-11 for reduction of 11 parking spaces will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. 4 . The establishment, maintenance and operation of the proposed reduction of 11 parking spaces will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. 5 . The granting of the Conditional Exception (Variance) No. 91-11 for reduction of 11 parking spaces will not adversely affect the General Plan of the City of Huntington Beach. Attachment No. 1 -4- (0017d) ATTACHMENT NO. 2 ALTERNATIVE ACTION N0, 1 PLANNING COMMISSION ACTION TO ALLOW THE HOME DEPOT EXPANSION BUT DENY THE GARDEN CENTER APPROVE OF CONDITIONAL USE PERMIT NO. 90-59 AND DENIAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 91-11 SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 90-59 : 1. The location, site layout, and design of the proposed Home Depot expansion properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2 . The combination and relationship of one proposed to another on a site are properly integrated. 3 . The access to and parking for the proposed Home Depot expansion does not create an undue traffic problem. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 90-59 : 1 . The site plan, floor plans and elevations received and dated May 1, 1991 shall be the conceptually approved layout with the following modification: a. Rear parking spaces on the southern property line shall be restriped to 90 degrees only. b. Truck traffic shall be reouted one-way from an entrance behind the store off of Goldenwest Street to an exit toward Edinger Avenue on the west side of the store. c. The Garden Center, in both the existing and proposed locations, shall be eliminated from the site plan. d. Ivy, or other sound attenuating materials shall be placed to cover the south and west exterior walls . e. A new parimeter block wall 8 to 10 feet in height shall be offered to the adjacent residents on the south and west property lines and shall be constructed by the applicant. 2 . Prior to submittal for building permits, the applicant/owner shall complete the following: a . Elevations shall depict colors and building materials proposed. Attachment No. 2 -1- (0027d) i b. Outdoor parking lot lighting shall be replaced and high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations . 3 . Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit) . A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. c. All applicable Public Works fees shall be paid. d. Submit a Parking Management Plan for review and approval by the Community Development Department which contains parking space designations for tenants/employees . 4 . Fire Department Requirements are as follows : a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations . b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. c. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. d. Pursuant to Article 81, U.F.C. and Huntington Beach Fire Code mechanical smoke removal or smoke and heat vents, and one and one-half (1. 5) inch hose connections, hose cabinets, and fire lines with nozzels shall be provided and approved by the Fire Department. e. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 5 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6 . All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. I Attachment No. 2 -2- (0027d) 7 . Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months . 8 . During construction, the applicant shall : a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel ( .05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts) ; e. Discontinue construction during second stage smog alerts . 9 . Construction shall be limited to Monday - Saturday 7: 00 AM to 8 : 00 PM. Construction shall be prohibited Sundays and Federal holidays . 10 . Prior to final building. permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All signs shall be brought into compliance with the Huntington Beach Ordinance Code. (Article 961) b. Compliance with all conditions of approval specified herein shall be accomplished. 11. A Certificate to Operate shall be issued by the Department of Community Development as required by Section 9730 .80 of the Huntington Beach Ordinance Code. 12 . A review of the use shall be conducted within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions or code sections, Conditional Use Permit No. 90-59 and Conditional Exception (Variance) No. 91-11 may become null and void. 13 . The Planning Commission reserves the right to modify the terms of this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. Attachment No. 2 -3- (0027d) 14 . This conditional use permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 15 . The Traffic Impact Fee shall be paid prior to final building permit approval . 16 . The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. SUGGESTED FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-11• 1. There are no exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. 2 . The granting of a conditional exception for a reduction of 11 parking spaces is not necessary in order to preserve the enjoyment of one or more substantial property rights . 3 . The granting of Conditional Exception (Variance) No. 90-11 for reduction of 11 parking spaces will be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. 4 . The establishment, maintenance and operation of the proposed reduction of 11 parking spaces will be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building . 5 . The granting of the Conditional Exception (Variance) No. 91-11 for reduction of 11 parking spaces will adversely affect the General Plan of the City of Huntington Beach. Attachment No. 2 -4- (0027d) ATTACHMENT NO. 3 ALTERNATIVE ACTION NO, 2 FINDINGS AND CONDITIONS OF APPROVAL FOR HOME DEPOT EXPANSION INCLUDING RELOCATION AND REDUCED EXPANSION OF THE GARDEN CENTER APPROVAL OF CONDITIONAL USE PERMIT NO, 90-59 AND DENIAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 91-11 SUGGESTED FINDI_NGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 90-59 : 1. The location, site layout, and design of the proposed Home Depot expansion properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2 . The combination and relationship of one proposed to another on a site are properly integrated. 3 . The access to and parking for the proposed Home Depot expansion does not create an undue traffic problem. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 90-59 : 1. The site plan, floor plans and elevations received and dated May 1, 1991 shall be the conceptually approved layout with the following modification: a . Rear parking spaces on the southern property line shall be restriped to 90 degrees only. b. Truck traffic shall be reouted one-way from an entrance behind the store off of Goldenwest Street to an exit toward Edinger Avenue on the west side of the store. c. TNT/gX��I�ri/fL�rltr�Y /iCr!/bd�H/ K�/��fiC�l�Yr1aJ/alrid/gS�rd�Sr6��rd Xd�aitiC�rlg /�K�XX/bra/�YiC�Stria� �d/fY��S/�H�/gt �/ 6XalriL The Garden Center shall -be reduced to a maximum of 10,000 square feet subject to review and approved by the Department of Community Development. d. Ivy, or other sound attenuating materials shall be placed to cover the south and west exterior walls . e. A new parimeter block wall 8 to 10 feet in height shall be constructed on the south and west property lines . This .condition may. be waived provided the applicant prepare an acoustical study for review and approval by the Departments of Public Works and Community Development, if the study concludes that the wall will not be effective. Attachment No. 3 -1- (0029d) 2 . Prior to submittal for building permits, the applicant/owner shall complete the following: a . Elevations shall depict colors and building materials proposed. b. Outdoor parking lot lighting shall be replaced and high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations . 3 . Prior to issuance of building permits, the applicant/owner shall complete the following: a . Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit) . A plan for silt control for all water runoff from the property during construction and . initial operation of the project may be required if deemed necessary by the Director of Public Works . C. All applicable Public Works fees shall be paid. d. Submit a Parking Management Plan for review and approval by the Community Development Department which contains parking space designations for tenants/employees . 4 . Fire Department Requirements are as follows : a . An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. C. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. d. Pursuant to Article 81, U.F.C. and Huntington Beach Fire Code mechanical smoke removal or smoke and heat vents, and one and one-half (1.5) inch hose connections, hose cabinets, and fire lines with nozzels shall be provided and approved by the Fire Department. e. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards . Attachment No. 3 -2- (0029d) 5 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6 . All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 7. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months . 8 . During construction, the applicant shall : a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; C. Use low sulfur fuel ( . 05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts) ; e. Discontinue construction during second stage smog alerts . 9 . Construction shall be limited to Monday - Saturday 7: 00 AM to 8: 00 PM. Construction shall be prohibited Sundays and Federal holidays . 10 . Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a . All signs shall be brought into compliance with the Huntington Beach Ordinance Code. (Article 961) b. Compliance with all conditions of approval specified herein shall be accomplished. 11. A Certificate to Operate shall be issued by the Department of Community Development as required by Section 9730 . 80 of the Huntington Beach Ordinance Code. 12 . A review of the use shall be conducted within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions or code sections, Conditional Use Permit No. 90-59 and Conditional Exception (variance) No. 91-11 may become null and void. Attachment No. 3 -3- (0029d) 13 . The City Council reserves the right to ;dddYfY/fHd/fdf;dff revoke Of this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs . 14 . This conditional use permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 15 . The Traffic Impact Fee shall be paid prior to final building permit approval . 16 . The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. SUGGESTED FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-11• 1. There are no exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district . 2 . The granting of a conditional exception for a reduction of 11 parking spaces is not necessary in order to preserve the enjoyment of one or more substantial property rights. 3 . The granting of Conditional Exception (Variance) No. 90-11 for reduction of 11 parking spaces will be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. 4 . The establishment, maintenance and operation of the proposed reduction of 11 parking spaces will be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. 5 . The granting of the Conditional Exception (Variance) No. 91-11 for reduction of 11 parking spaces will adversely affect the General Plan of the City of Huntington Beach. Attachment No. 3 -4- (0029d) ATTACHMENT NO. 4 ALTERNATIVE ACTION NO, 3 SUGGESTED FINDINGS FOR DENIAL OF CONDITIONAL USE PERMIT NO. 90-59 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 91-11 SUGGESTED FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 90-59 : 1. The location, site layout, and design of the proposed Home Depot expansion does not properly adapt the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner . 2 . The combination and relationship of one proposed to another on a site are not properly integrated. 3 . The access to and parking for the proposed Home Depot expansion creates an undue traffic problem. SUGGESTED FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-11 • 1 . There are no exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. 2 . The granting of a conditional exception for a reduction of 11 parking spaces is not necessary in order to preserve the enjoyment of one or more substantial property rights. 3 . The granting of Conditional Exception (Variance) No. 90-11 for reduction of 11 parking spaces will be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. 4 . The establishment, maintenance and operation of the proposed reduction of 11 parking spaces will be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. 5 . The granting of the Conditional Exception (Variance) No. 91-11 for reduction of 11 parking spaces will adversely affect the General Plan of the City of Huntington Beach. I Attachment No. 4 -1- (0028d) W, TYRONE C STARSZ.,c Ds. Sur, j Cl RI R C NT 11 Ar— -.-'[,— , Lf ' I . RI �Iz M4R.000 DR' CF-E c4-m R -- RI RI RI z R I ` DOWN OR C4*mi C2 SLJGO C .n.'C. SHANNON J)R Rl f RI RI RI OR -X-ES DR EIRE CR RETHERFORD C4 R I CORN DR RI OR RI pl RI RI DR LONGFORD CLARE OR C 4 RI DREELAND DH RI RI RI RI op L➢AERICK -6R RI RI RI N RI T 6 C4 yy C' 7:C4 EDINGER AVE I RI RI 941, ALTON OR DR. ll:�lC2 C DR 41- -EO C4 ml RI c 4 Rl R I R I RI ,717 II R I LSTA CH C4 RI RI DR. 7 R '7 LENNOX RI -7cF-.- NYANZ A_.. Rl cr Ri RI )RI RI RI RI FRI/ ___ I Q AL R'LHLqtST DN._j jRt a I X/, i� -.-1 I I : , CF-E CF-C RI L l RI R I RI m I m I Rit Rl' OLJ' �11.EATH CR pl,0 "Rl CA:VAENC'11A RI C41 L C 4 �4 -JR j]lR R 5R I 41R. R11 oE CF RI ol� MI RI -R 0 Rl CR R I R R I W z R I z f ;cv" CR 0 Ri RI 7 OR,RI RI RI RI unto_.__.__.�l -- J` ICI I I f R I UNI� RI 'DGEN NT n UP 90-59/CE 91-11 BEACH PLANNING DIVISIONEHUNTINGTON HUNTtNGTON"BEACIt GOLDEN-WEST-STREET-e i_ 14 IX sa • ix —,� Q � ;s jn�. 'yam � ,i w1 "0If f u pn+a E � �-H ltH`:H41 i 11 _ 7. tl�tl�61�i° ,4nit.ita= 7rC C HE 0 g d ■ ow g 8 Q, C) ^C e n s A f 4 G00*2 u 00 z o o � Ra M A � �p •1 � O C r r z_ Z n m tzi�f; •• jm . o .o jua -o;anoG u: jo;}daa• itt�� ii '1 p W� ,..j m �$ o t 0 AVW a C! y M r�.Y R.or.+f•n'r . TM XOc ME D� G 00 0 D�OEOEBI:D'e0�0 D'c0?OcOED.000�U: —R51FWA1� 0 I 10'0 1 0 0 0 0 0 1 1 1 1 1 14 1 1 0 I 1 0 0 0 1 0 1 1 A I d A NORTH ELEVATION yr-r� �i 6S .•-r.+Y••w � onAnnnAnnnn a ::J r-�• -- -- -- go® Co iU t WEST ELEVATION(WITH GARDEN CENTER WALL) 61111 vm—: Ara A A A A rt A A PROPOSED ELEVATIONS FOR l7firfuTTil ® THE HOME DEPOT U.S.A., INC. HUNTINGTON BEACH.CALIFORNIA (GOLDEN WEST a EARIGEN) GemaceG FMNOW WEST ELEVATION(WITHOUT GARDEN CENTER WALL) w - ..,.. � - CEIVED MAY 01 Wj Dept.of CC:17". uc,.O -,lent �t r 4 •� li __ 1 -----•----- ---------- I o—. .— ------ ' --- -- ----t------ ! ------------ ------------- ------------ O -- -------------i-------------+-------------+-------------H------------------------- ^'i' ••;-- -T•- i i j I i I I j I I 4 ---- ------------r-------------t—------------------------t------------ i-----._.—._... �.— i ! j I I t3 O O O U ! ! i I 1 I 1 I -- -- t-------------- rs� —t-------�------rt------ I �Ws E I-- f 4-- I i -- ri i i I 1 I I i I j 1 i i i ! i I + I — ------------- �--•—•---•—•— ------------ ------------- itI QQ --•— i ( �i I I I %I $ Q I. p - ---- i------i-------------- ------� ------ � G so � 1 --- W # 12 '_ _ p RECEIVED CITY'CLERK Y C= 601 S. Placentia . Fullerton, Califs*a 9263"1::.: :714-938-5200 II Y J May 14, 1991 The Honorable Mayor City Council Members City of Huntington Beach , 2000 Main Street Huntington Beach, CA Re: The Home Depot CUP #90-59 Variance #91-11 Dear Mayor and Council Members, On May 7, the Planning Commission voted on the above two issues, approving CUP #90-59 with conditions, and denying Variance #91-11. The Home Depot is appealing those decisions to the City Council. This appeal is based upon the following issues: CUP #90-59 While this CUP application was approved, we are not in agreement with certain of the conditions of approval, specifically condition numbers 1 c, 1e, and 1 3. Condition 1 c requires that the existing garden center be removed, and that we not be allowed to relocate it to the west side of the site. As indicated in the Staff report, we feel that there are benefits in relocating the garden center from the current location to the west side of the site. The rationale used by the Commission in deciding that this department could be eliminated in its entirety was that it accounted only for a minor percentage of our total sales and our customers could purchase these products at one of our other locations. In today's competitive market, we cannot afford to provide our customers with anything less than a complete, "one stop" shopping opportunity. In addition, the removal of the products carried in the outside garden center have a direct bearing on hundreds of related items which are carried in t �A� ANrT RQ 7 May 14. 1991 City of Huntington Beach Page Two other departments within the building. Removing the garden products entirely would have a negative impact, not only on the sales of these related items, but most important, overall customer satisfaction. Condition le requires that The Home Depot meet with adjacent neighbors on the south and west sides of the site, and offer to them a sound wall, to a height agreed upon, at our expense. While this may sound feasible, there are several drawbacks to this request. It would be difficult at best, to obtain a concensus on what the agreed upon height of said wall would be. There would still be the sound of trucks in this area. With higher walls these sounds may be made worse, given the creation of a barrier for the sound to reverberate against. The visual impact would not be negated. The existing wall is high enough to block the view from a ground floor. A higher wall would still not block•the visibility from a second story, and the majority of the adjacent residential units are two story. To be effective, this wall would have to be approximately 16' - 18' in height, and this would certainly create an echo from sound in this area. In addition, a wall of increased height may have a negative impact on landscaping since additional sunlight would be redirected and/or prevented from reaching these yards. Another factor to be considered is the considerable legal expense to document and record necessary encroachments across property lines. This encroachment would be made necessary in order to provide a structural foundation for a wall of increased height. This item has been discussed previously with both Staff and the Commission, and. it is not a remedy to the problem of residential housing adjoining commercial sites. Condition 1 3 states that the Planning Commission reserves the right to revoke the CUP should any violation of the conditions occur. Given the scope of this project, as well as the considerable financial investment being made at this location, this condition is simply unacceptable. It should be noted here, that The Home Depot has been operating within the conditions of approval of the last CUP granted at this site, and went through a review of this CUP at the Planning Commission earlier this year, and was found to be operating in compliance with said conditions. Huntington Beach May 14, 1991 Page Three Variance #91-11 This variance was for a reduction in parking to accommodate the proposed relocation/expansion of the garden center requested in CUP #90-59. Inasmuch as the garden center was not approved, this request became a moot point. We ask that this variance be granted in conjunction with an approval to relocate the garden center. As our parking study clearly points out that while the center is not parked per code, more than adequate parking is available on site to accommodate demand. Staff has concurred with the results of this study. As a member of the business community of the City of Huntington Beach, we ask that you give favorable consideration to our appeal. It is the opinion of the applicant that we have operated our business within the confines of local codes and conditions satisfactorily for the past several months, and will continue to do so. We have been responsive to the requests of both Staff and our neighbors, have spent considerable sums of money to accommodate both, and have put restrictions on the operation of this location which are not only detrimental to our business, but costly as well. We feel strongly that should this project be approved as submitted, and the conditions of approval in question be removed, that the overall benefit for all involved will be substantial. Your consideration is appreciated. Yours truly, 4� Dennis Goughary Regional Construction Manager huntington beach department of community development SYAf f REPORT TO: Planning Commission, FROM: Community Development DATE: May 7, 1991 SUBJECT: CONDITIONAL USE PERMIT NO. 90-59/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-11 (CONTINUED FROM APRIL 2, 1991 PLANNING COMMISSION MEETING) APPLICANT: Dennis Goughary, 601 South Placentia, Fullerton, CA 92631 PROPERTY Home Depot U.S.A. , Inc. , 601 South Placentia, Fullerton, CA 92631 REQUEST: Expansion of Home Depot into adjacent suites, relocation of garden center, additional parking variance. LOCATION: 6912 Edinger Avenue ACREAGE: 8 . 34 acres 1 . 0 SUGGESTED ACTION: Approve Conditional Use Permit No. 90-59 and Conditional Exception (Variance) No. 91-11 with the findings and suggested conditions of approval contained in the April 2, 1991 staff report and the conditions contained in Section 4 . 0 of this staff report . 2 . 0 GENERAL INFORMATION: Conditional Use .Permit No. 90-59 and Conditional Exception (Variance) No. 91-11 were continued from the April 2, 1991 Planning Commission meeting due to the applicant ' s inability to attend the meeting. At the time of taking action to continue the item on April 2, 1991, the Commissioner ' s asked staff to research several items . Staff has researched those items as well as met with the applicant to further discuss conditions for the project . all Atft i 3 . 0 ISSUES AND ANALYSIS: Staging Area• The question was. raised whether or not the staging area allows permanent storage. Staff ' s research indicates that the conditions of approval for the staging area did not specifically prohibit long-term storage. Inspections by staff indicate that the staging area is maintained in an orderly and functional manner and it is not felt that a violation of conditions is occurring in the staging area . Trucks P rked Illegally on Goldenwest Street : The statement was made that semi-trucks were observed illegally parked on Goldenwest Street adjacent to the Home Depot Center . Staff and Home Depot feel it is likely that the trucks observed parked on the street were actually delivering materials to the retail building presently under construction on the east side of the property. The Home Depot delivery trucks access the staging area from the west side of the building, not the Goldenwest side. Trucks Routed Through Residential Tract : The statement was made the semi-trucks have been routed through the neighborhood behind the shopping center . Neither staff nor Home Depot are aware of delivery trucks being routed through the neighborhood. Residents should note the truck company or license number of any trucks driving through the tract and report the information to Home Depot or the staff . Second Gate Installed at Rear of Building: The question was raised why and when a second gate was installed behind Home Depot and whether or not that was a violation of conditions . Staff suggested that in order to provide additional employee parking for the retail businesses next to Goldenwest that Home Depot could provide limited access to the rear of the building at the eastern side. Home Depot, therefore, installed a second gate that would allow employee access to the rear of the building during daytime hours, but which would be locked at night to keep delivery trucks out. This second gate does not violate any conditions of approval . Trollys Left Out in Parking Lot: It was noted that lumber trollys are frequently observed in the parking lot . Home Depot employs workers to retrieve trollys back to the storefront . The proposed customer pick-up area will help reduce trollys left outside. Additionally, Home Depot is reviewing its floor plan to find an interior trolly storage area . Staff Report - 5/7/91 -2- (9603d) Semi-Truck Turning Radius : Concern was raised regarding the ability of semi-trucks to turn-around in front of the staging area after the Garden Center is expanded. The applicant has provided a template showing the industry standard 110 foot turning radius on the site plan. Staff is satisfied that the semis can be adequately manuvered on-site. Number of Truck Deliveries : It was asked what the current average number of truck deliveries per day is at Home Depot and what the number would be after expansion.- Home Depot reports that an average day would involve approximately 57 to 60 truck deliveries . Fridays typically have 10 to 15 fewer truck deliveries . The applicant has indicated that the proposed expansion should not increase daily truck traffic significantly. The primary difference would be fewer lightly loaded trucks and more trucks with larger loads.. Staff has no way of verifying this estimate . Impacts of Garden Center Relocation: Several concerns with the proposed Garden Center relocation have been stated. Specifically, concerns are that the Garden Center will have odor and visual impacts on the adjacent homeowners to the west, and that the Garden Center expansion will force truck traffic closer to the western property line. In response to the visual and odor concerns, staff has requested the applicant to redesign the Garden Center . The new design as attached to this report features a 20 foot tall solid wall for the entire rear half of the Garden Center . This wall is intended to reduce visual impacts of bagged materials as well as reduce dispersal of odors into the surrounding area. Staff is recommending that bagged goods be kept within the solid walled area, that bagged goods be .kept shaded and all deliveries to the Garden Center be made from the staging area or from inside the store. In regard to the Garden Center shifting truck traffic further toward the western property line, it is inevitable that this will occur. At the present time there are two travel lanes, but only the eastern most lane appears to be utilized by delivery trucks . If the Garden Center is relocated, it will close the eastern travel lane, thereby, requiring the trucks to use the western travel . lane. While this is a less desirable situation, staff feels the impact will be negligible. The properties to the west presently have a ten (10) foot block wall, including retaining wall, providing them with buffering from the Home Depot site. The trucks presently drive within 80 feet of the property line and will be shifted to within 20 feet. The 20 foot setback and 10 foot block wall should provide adequate buffering provided that truck deliveries are restricted to daytime hours . Staff Report - 5/7/91 -3- (9603d) Staff maintains that the benefits to be gained by eliminating the Garden Center from the front of the building and the installation of a customer pick-up area outweigh the negligible impacts which may occur through relocation of the Garden Center as proposed. New Attachments : In response to concerns raised by the Planning Commission and staff, the applicant has submitted a letter which is attached to this staff report . The letter generally addresses some of the items discussed above. The applicant has also submitted revised site plans and elevations dated May 1, 1991, which reflect the previously discussed modifications to the Garden Center . 4 . 0 RECOMMENDATION: Staff recommends approval of Conditional Use Permit No . 90-59 and Conditional Exception (variance) No . 91-11 with all conditions from th April 2, 1991 staff report intact, except that Condition Nos . 1 and 13 shall be modified and Condition No. 2 shall be added as follows : 1 . The site plan, floor plans and elevations received and dated MAt9M/Xa May 1, 1991 shall be the conceptually approved layout with the following modification: a . Rear parking spaces on the southern property line shall be restriped to 90 degrees only. (Modified condition) 2 . All bagged goods shall be kept within the solid walled area of the Garden Center and shall be kept shaded. All deliveries to the Garden Center shall be made form the staging area or from inside the store. (New condition) 13 . The Planning Commission reserves the right to tiWdK09 modify the terms of this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs . (Modified Condition) ATTACHMENTS: Lettef fEeFR _ et Feeelveel May 1, 1991 -5 . Staff Repert elet-ed April 2, 1991 HS:kj 1 Staff Report - 5/7/91 -4- (9603d) huntington beach department of community development STAf f REPOR TO: Planning Commission FROM: Community Development DATE: April 2 , 1991 SUBJECT: CONDITIONAL USE PERMIT NO. 90-59/CONDITIONAL EXCEPTION NO. 91-11 APPLICANT: Dennis Goughary DATE ACCEPTED: 601 South Placentia March 8 , 1991 Fullerton, CA 92631 MANDATORY PROCESSING DATE: PROPERTY Home Depot U. S .A. , Inc . May 8, 1991 OWNER: 601 South Placentia Fullerton, CA 92631 ZONE: C2-FP2 REOUEST: Expansion of Home Depot into adjacent suites, GENERAL PLAN: General relocation of garden Commercial center, additional parking variance . EXISTING USE: Shopping Center LOCATION: 6912 Edinger Avenue ACREAGE: 8 . 34 acres 1 . 0 SUGGESTED ACTION: Approve Conditional Use Permit No . 90-59 and Conditional Exception (Variance) No . 91-11 with findings and conditions of approval . 2 . 0 GENERAL INFORMATION: Conditional Use Permit No . 90-59 is a request for expansion of the existing Home Depot into two (2) existing suites totalling 26, 000 square feet . Also requested is to relocate and expand the garden center. Conditional Exception No . 91-11 is to grant a parking variance of 11 spaces to the shopping center , pursuant to Section 9602 . 2 of the Ordinance Code. 3 0 SURROUNDING LAND USE ZONING AND GENERAL PLAN DESIGNATIONS : Subject Propgrty: GENERAL PLAN DESIGNATION: General Commercial ZONE: C2-FP2 (Community Business District) LAND USE : Shopping Center North of Subject Property: GENERAL PLAN DESIGNATION: Low Density Residential ZONE: R1 (Single Family Residential) LAND USE: Single Family Homes , Church East of Subject Property: GENERAL PLAN DESIGNATION: General Commercial ZONE : C4 (Highway Commercial) LAND USE : Shopping Center South of Subject Property: GENERAL PLAN DESIGNATION: Low Density Residential ZONE: R1-FP2 (Single Family Residential) LAND USE: Single Family Homes West of Subject Property: GENERAL PLAN DESIGNATION: Low Density Residential ZONE : R1 (Single Family Residential) LAND USE: Single Family Homes 4 . 0 ENVIRONMENTAL STATUS : The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act . 5 . 0 COASTAL STATUS : 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: Home Depot has requested to expand into the adjacent .suites which have previously housed House of Fabrics and Bankruptcy Liquidators . These suites contain 26, 000 square feet of floor area . Also proposed is a relocation of the garden center from the front of the existing Home Depot to the western side of the expanded store area . The garden center will be expanded from 8 , 000 square feet to 18 , 158 square feet . At the location of the old garden center will be a new customer pick-up area for loading merchandise into vehicles . Staff Report - 4/2/91 -2- (917.6d) Additional parking will also be added at the old garden center location . Lastly, an additional parking variance of 11 spaces is required due to the extra area in the garden center . The following is a more detailed discussion of each component of the request . Expansion Into Adjacent Suites : The existing Home Depot store is 108 , 828 square feet in size . Two (2) adjacent suites totalling 26 , 000 square feet have housed marginal retail uses for a number of years . Home Depot has recently acquired the lease to those suites and is proposing to expand into them. Interior separation walls will be removed so that all the suites function as one building . The facade will also be remodeled to reflect a single unified building theme. The main entrance doors to the Home Depot will be relocated westward to a more central location. Home Depot maintains that although the expansion will have an impact on sales volume, it will not substantially increase customer traffic. Rather, they expect an increase in average sales per customer due to larger inventory and better presentation of merchandise. No new building area is proposed as part of the expansion into the existing suites . A total of 4 , 500 square feet of additional outdoor storage area behind the suites is proposed, however, this will add a requirement for 4 . 5 additional parking spaces . Required and provided parking is discussed more thoroughly under the parking variance section which follows . Garden Center : The existing Home Depot Garden Center is 8 , 000 square feet in size and is located in front of the existing Home Depot building . This garden center location has proven to be extremely poorly conceived and has posed a severe hazard to motorists and pedestrians attempting to maneuver around it to access the parking lot . Home Depot proposes to remove the garden center from this location and replace it on the western side of the expanded Home Depot building in line with the current facade . The new garden center will also be expanded in size to 18 , 158 square feet . The garden center perimeter fencing will be vinyl coated chain link fence twenty (20) feet in height and will maintain a 70 foot setback from the western property line. Bag goods will be held back from the fence a minimum of five (5) feet . The garden center relocation will displace twenty eight (28) existing employee parking spaces . Removal of the old garden center, however, will allow twenty nine (29) additional customer parking spaces to be provided . Customer Pick-Up: The transporting of large building materials such as lumber and piping from the store into the parking lot by customers has constituted a substantial on-site hazard . As part of the proposed expansion, staff has requested that a customer pick-up area be Staff Report - 4/2/91 -3- (9176d) provided . Home Depot has responded by providing a pick-up location . at the site of the old garden center . The new pick-up area will be 170 feet in length and will accommodate approximately seven (7) vehicles at a time . New lumber doors will be provided at that location to facilitate delivery of large materials to the vehicles . Customers will access the facility via the main drive aisle paralleling the building, and will park parallel to the building . Raised landscape planters will direct vehicles in and out of the pick-up area . The pick-up area should not significantly impede traffic flow along the drive aisle and should substantially reduce impacts associated with transporting lumber to vehicles . Parking : The principle issue of concern with the Home Depot expansion is parking . The history of parking on the site is convoluted and includes a 172 space parking variance which was granted in 1988 . For purposes of simplicity, parking requirements will be discussed in three categories : 1) Parking for the total Home Depot area ; 2) parking for the remaining commercial buildings ; and 3) total parking provided on-site . The following parking requirements will exist if the expansion is approved: Home Depot 715 Other Retail 242 Total Required 957 Although a total of 957 spaces are required, no more than 769 spaces have ever been provided on the site . In 1988 , a parking variance of 172 parking spaces was granted for Home Depot in conjunction with the outdoor staging/storage -area behind the store.. When this variance is factored in, the parking requirements are as follows : Total Required 957 Variance -172 Required after Variance 785 Total provided 774 Deficit 11 The proposed expansion plans call for adding 29 parking spaces where the old garden center was , and eliminating 28 spaces where the new garden center is being placed. Along with some minor restripping behind the center, a total of 774 parking spaces will .be provided on-site . Due to the expansion of the garden center and other .interior modifications, the Home Depot use has expanded its parking requirement by 11 spaces , thereby creating an additional deficit of 11 spaces on-site. For that reason, Conditional Exception No . 91-11 has been processed to allow a parking variance of 11 spaces . Staff Report - 4/2/91 -4- (9176d) In order to determine whether the parking variance was justifiable staff required that a parking study be conducted . The traffic firm of KHR Associates produced a parking study which is attached to this report . The study was conducted the week prior to Christmas in order to address the worst case scenario, and measured hourly utilization for Monday, Wednesday, Friday, Saturday and Sunday. The study also identified four (4) separate -parking areas and measured utilization in each. It was found that the existing spaces are generally under utilized and only occasionally approach a high utilization rate of 50%. The study concludes that sufficient parking is provided on-site . It also . recommends that lighting for the parking lot be replaced and that the rear parking spaces be restripped for 90 degree parking only. The rear parking area will continue to be utilized as mandatory employee parking . Other Issues : Home Depot has had a difficult history of compliance with conditions and resolving conflicts with its neighbors . On September 5 , 1991, however, the Planning Commission conducted an annual review of the Home Depot operation and found it to be fully in compliance with its conditional use permit . At this time there does not appear to be any outstanding compliance issues that would reflect negatively upon the current application for expansion. Conclusion: Staff maintains that the proposed expansion of the Home Depot into adjacent suites , in conjunction with relocation of the garden center and establishment of a customer pick-up area will offer a substantial improvement over existing conditions on the site. Traffic and pedestrian flow will be enhanced as will the visual aspects of the center . Although the need for the additional parking variance is unfortunate, the parking study indicates that sufficient parking spaces exist to serve the proposed uses . Staff is , therefore, recommending approval of the conditional use permit and conditional exception (variance) . 10 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No . 90-59 and Conditional Exception (Variance) No . 91-11 with the following findings and suggested conditions of approval : FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 90-59 : 1 . The location, site layout, and design of the proposed Home Depot expansion properly adapts the proposed structures to streets , driveways, and other adjacent structures and uses in a harmonious manner . Staff Report - 4/2/91 -5- (9176d) 2 . The combination and relationship of one proposed to another on a site are properly integrated. 3 . The access to and parking for the proposed Home Depot expansion does not create an undue traffic problem. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-11 : 1 . Due to the location of existing buildings there are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district . 2 . The granting of a conditional exception for a reduction of 11 parking spaces is necessary in order to preserve the enjoyment of one or more substantial property rights . 3 . The granting of Conditional Exception (Variance) No . 90-11 for reduction of 11 parking spaces will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming ( land, property, or improvements) in the neighborhood . 4 . The establishment, maintenance and operation of the proposed reduction of 11 parking spaces will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building . 5 . The granting of the Conditional Exception (Variance) No . 91-11 for reduction of 11 parking spaces will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 90-59/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-11 : 1 . The site plan, floor plans and elevations received and dated March 13 , 1991 shall be the conceptually approved layout with the following modifications : a . Rear parking spaces on the southern property line shall be restriped to 90 degrees only. 2 . Prior to submittal for building permits , the applicant/owner shall complete the following : a . Elevations shall depict colors and building materials proposed. Staff Report - 4/2/91 -6- (9176d) b. Outdoor parking lot lighting shall be replaced and high-pressure sodium vapor lamps or similar energy savings lamps shall be used . All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations . 3 . Prior to issuance of building permits , the applicant/owner shall complete the following : a . . Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No . 1 for review and approval and inclusion in the entitlement file . b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit) . A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works . C . All applicable Public Works fees shall be paid . d . Submit a Parking Management Plan for review and approval by the Community Development Department which contains parking space designations for tenants/employees . 4 . Fire Department Requirements are as follows : a . An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations . b. Service roads and fire lanes , as determined by the Fire Department , shall be posted and marked . C . Fire access lanes shall be maintained . If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. d. Pursuant to Article 81 , U.F.C. and Huntington Beach Fire Code mechanical smoke removal or smoke and heat vents , and one and one-half ( 1 . 5) inch hose connections , hose cabinets, and fire lines with nozzels shall be provided and approved by the Fire Department . e. The applicant shall meet all applicable local , State and Federal Fire Codes , Ordinances , and standards . 5 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department . 6 . All building spoils , such as unusable lumber , wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. Staff Report - 4/2/91 -7- (9176d) 7 . Installation of required landscaping and irrigation systems - shall be completed prior to final inspection/within twelve ( 12) months . 8 . During construction, the applicant shall : a . Use water trucks or sprinkler systems in all areas where .vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; C . Use low sulfur fuel ( . 05% by weight) for construction equipment ; d . Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts) ; e . Discontinue construction during second stage smog alerts . 9 . Construction shall be limited to Monday - Saturday 7 : 00 AM to 8 : 00 PM. Construction shall be prohibited Sundays and Federal holidays . 10 . Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed : a . All signs shall be brought into compliance with the Huntington Beach Ordinance Code . (Article 961) b. Compliance with all conditions of approval specified herein shall be accomplished . 11 . A Certificate to Operate shall be issued by the Department of Community Development 'as required by Section 9730 . 80 of the Huntington Beach Ordinance Code. 12 . A review of the use shall be conducted within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Articles of. the Huntington Beach Ordinance Code . If , at that time, there is a violation of these conditions or code sections , Conditional Use Permit No . 90-59 and Conditional Exception (Variance) No . 91-11 may become null and void. 13 . The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs . Staff Report - 4/2/91 -8- (9176d) 14 . This conditional use permit shall become null and void unless exercised within one (1) year of the date of final approval , or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date . 15 . The Traffic Impact Fee shall be paid prior to final building permit approval . 16 . The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. 11 . 0 ALTERNATIVE ACTION: The Planning Commission may deny Conditional Use Permit No . 90-59 and Conditional Exception (Variance) No . 91-11 with findings . ATTACHMENTS : Trgocap PR1•r'r' 1";L^�• -5 . Alternative Findings for and HS : kj 1 S Staff Report - 4/2/91 -9- (9176d) 1 p C I - DEPART.-MI- •IT 0 PI-MINING,DI`✓;SIUPJ i i THE HOME DEPOT HUNTINGTON BEACH PARKING IMPACT ANALYSIS March 1991 Prepared For: The Home Depot 601 South Placentia Avenue Fullerton, California 92631 Prepared By: KHR Associates 18500 Von Karman Avenue Suite 300 Irvine, California 92715 (714) 756-6440 I HOME DEPOT HUNTINGTON BEACH FACILITY PARKING IMPACT ANALYSIS MARCH 1991 INTRODUCTION This independent study of parking utilization was undertaken by KHR Associates, Irvine, California, to review and evaluate the parking conditions at the Home Depot center, in the City of Huntington Beach, California. Specifically, the study addresses the existing 1parking conditions in addition to impacts that may arise as a result of the potential expansion within the existing center by the Home Depot use. l PROJECT SITE The project site is the existing Home Depot center located in the northwest region of the City of Huntington Beach (see Figure 1). The site encompasses approximately 14 acres and is illustrated in Figure 2.The project is bounded on the north by Edinger Avenue and by Goldenwest Street on the east. The project site is bordered by residential units on the west and to the north; Goldenwest Community College and commercial uses to the east; and residential units to the south. The existing Home Depot facility is situated in a mixed use shopping center. This center is zoned C-2 and consists of five separate buildings.These five buildings currently accom- modate the Home Depot use, a gasoline service station, a bank and several in-line commercial retail and small restaurant uses. The center is provided with seven vehicular accessways,four on Edinger Avenue and three on Goldenwest Avenue.Three of the seven accessways are provided for the service station use, while the remaining four accessways serve the other center uses and the existing 763 parking spaces. PROJECT GOALS & OBJECTIVES The primary goal of this study was to investigate and evaluate the parking utilization conditions, the impacts and activities of the existing project, and identify and quantify, as necessary, parking mitigation measures for the entire shopping center. In order to meet this goal, the following objectives were formulated: 1) Analyze and evaluate weekday and weekend parking demand for all parking stalls located within the center; 2) Determine the present parking utilization of the uses within the existing center and identify surplus and/or deficient parking areas; and 3) Provide feasible recommendations for permanent and/or temporary parking improve- ments, if necessary. -1- iVY�. l .� W W BOLSA AVENUE N o I BCD z McFADDEN AVENUE I l )CENTER AVENUE f EDINGER AVENUE 405 PROJECT SITE HEIL AVENUE 0 of w W > W W W W Li0:� O J to O m WARNER AVENUE V) v7 0 af � of _ U Q Z = q 0 Li 0 00 co SLATER AVENUE NO SCALE N U,w DMe1.D�C RGURE I VICINITY MAP "' Kaa TRANSPORTATION/ENVIRONMENTAL/URBAN SYSTEMS 1 500 vcn K.mao Awnw. style 300. 1Mn<.C-Ul—i. OZ715 . (714) 756—e440 -2- NO SCALE H C>HB2.DWG EDINGER AVE. GAS STATION Zan u rc BANK Z�z co / /�/� V I LIJ D � z w CLOTHING STORE oc u p u HOME DEPOT LOADING u FIGURE 2 SITE PLAN Kaa QRMCDC°QFRim TRANSTRANSPORTATION/ENVIRONMENTAL/URBAN SYSTEMS 18500 Von Kerman Avenue, Suite 000• Irvine, C.ILlornle 92715 • (714) 750-6440 -3- TERMINOLOGY The following terms are often used in parking studies: 1) Parking Utilization- The rate at which a parking area or facility is being used. Usually indicated as a percentage of the total number of parking stalls available. 2)Parking Inventory-The physical counting and determination of the number of available parking spaces residing within a certain parking area, zone or facility. STUDY METHODOLOGY In order to achieve the objectives of this study, the following tasks were undertaken: 1) An inventory was taken of parking spaces within the entire shopping center; 2) Parking activities were professionally observed within applicable parking areas; 3) The project site and adjacent areas were visited at various times, and existing parking conditions were observed within each parking area, along alley segments and all marked parking spaces. 4)Data concerning existing parking utilization conditions were accumulated through field surveys which were conducted the week prior to Christmas Day. The surveys were conducted during this time period to provide actual parking demand and utilization characteristics which represented the "worst case" scenario for the center. During this period,the Home Depot facility was open from 8:00 A.M.to 9:00 P.M.duringweekdays and generally from 10:00 A.M. to 6:00 P.M. on the weekend. Weekday parking use was surveyed every one-half hour between 7:00 A.M. and 9:00 P.M., while weekend parking use was surveyed every one-half hour from 7:00 A.M. to 6:00 P.M.In an effort to efficiently inventory and survey parking utilization, the parking lot for the center was separated into four parking study areas. The parking areas were surveyed before opening hours to develop the most accurate survey base. The four parking areas were inventoried prior to the commencement of the utilization surveys to reflect the most current available parking scenario. 5) Based on the data collected during the surveys, analyses were performed for existing parking demand; and 6) Conclusions and recommendations were drawn from these analyses. PARKING IMPACTS In order to fully assess the current impacts to the center's on-site parking during various times of operation, utilization studies were conducted of the parking facilities servicing the center. The purpose of the utilization studies was to develop a data base from which actual rates of utilization for the center could be determined.The utilization studies would also provide valuable information regarding the availability of surplus parking and the peak hours of -4- :.� operation for each of the parking areas. Of particular concern was the potential for overflow parking from one use to impact the availability of parking for the surrounding uses. j Parking Inventory j The study included a detailed and comprehensive parking inventory of all of the parking '. areas that currently exist in and about the project site. The inventory consisted of two phases: 1) a review of the existing parking system relative to parking characteristics and the size of each stall, and 2) the physical inventory of on-site parking areas. i The parking inventory found that the shopping center is provided with four primary parking areas which currently accommodate the major portion of the parking demand. These four areas serve all types of users which include employees,patrons, and deliveries. The four existing parking areas,Areas"I"through"IV", as designated in Figure 3,currently accommodate approximately 762 vehicles, and are situated both in front of and behind the major on-site building structures.A review of these four areas found that Area I is provided with 191 spaces, Area H with 337 spaces, Area III with 62 spaces, and Area IV with 172 spaces.Aside from these four main on-site parking areas,the shopping center also provides non-typical/non-delineated parking areas which accommodate approximately 25 vehicles. In brief,Area I provides five rows of parking which run parallel to Goldenwest Street and are situated both in front of and behind the retail and restaurant uses located on the northwest corner of the center. Area 11 primarily accommodates the parking most often associated Aith the Home Depot building and provides six rows of angled parking spaces. These six rows of parking are situated parallel to Goldenwest Street and include six handicapped parking spaces. Area III accommodates parking for the retail shops which front Goldenwest Street and the bank facility.The bulk of the parking is situated to the south and east of the retail shops. with the remaining parking located south of the bank building. Area IV provides parking spaces in the south and southwest portions of the center and is primarily utilized by employees of the Home Depot and clothing store uses. Area IV also accommodates parking associated with the loading dock area. Access to the parking areas for the employees of Home Depot and for the loading and unloading areas is currently restricted and regulated by Home Depot staff. Parking Utilization A review of the surveys conducted for the current parking conditions at the shopping center found that on an average weekday, between the hours of 7:00 A.M. and 9:00 P.M., the parking spaces (Areas I through IV)were utilized at an average rate of 28.97%(441 spaces occupied/1,083 space unoccupied). The survey of the four parking areas found that the average peak high and low periods of weekday utilization were 1:00 P.M. to 2:00 P.M. and 7:00 AM. to 8:00 A.M., respectively. The corresponding utilization rates for these peak periods were 39.45 (601 spaces occupied/923 spaces unoccupied) and 8.41% (128 spaces occupied/1,396 spaces unoccupied) and are illustrated in Figure 4 with the remaining hourly weekday parking utilization breakdown for the entire center.The employee parking area (Area IV) was found to be utilized at an average rate of 32.59% (56 spaces oc- cupied/116 spaces unoccupied) for the same time period. It is important to point out that -5- i NO SCALE MD�e�.Dwc EDINGER AVE. CAS STATION I � II 337 STALLS eANK 191 STALLSi ►- i I � Z CLOTHING STORE Y 00, III U HOME DEPOT 62 STALLS i IV/ IOADiNC 173 STALLS u ' FIGURE 3 PARKING AREAS DKaa Q88099A71HE TRANSPORTATION/ENVIRONMENTAL/URBAN SYSTEMS I8500 Von Kerman Avenue,State 300• Irvine.California 92715 • (714) I5e-64 -6- ' f i 6.i: HOME DEPOT HUNTINGTON BEACH FACILITY PERCENTAGE OF UTILIZATION 50 .............. ............ - ........... ....................... ................................. ......................................... 40 .......... ............................... 30 - 20 - 10 - 0 - 8 9 10 11 .12 1 2 3 4 5 6 7 8 9 TIME PERIOD ENDING REF.HDH84.DVr. AVERAGE WEEKDAY �aaFIGURE 4 PARKING UTILIZATION TRANSPORTATION/ENVIRONMENTAL/URBAN SYSTEMS 18500 Von Ka—n Awnue. SWU 300• Irin,, Wdoral, 02715 • (714) 756-6440 1 since the parking inventory surveys were conducted every half-hour, 1,524 parking spaces were available (2 x 762) every hour. { The surveys of the average weekend day, between the hours of 7:00 A.M. and 6:00 P.M., found that the parking spaces (Areas I through IV) were utilized at an average rate of 32.25% (491 spaces occupied/1,033 spaces unoccupied). The survey of the four parking., areas found that the average peak high and low periods of weekend day utilization were 12:00 P.M. to 1:00 P.M. and 7:00 AM. to 8:00 AM., respectively. The corresponding utilization rates for these peak periods were 45.68% (696 spaces occupied/828 spaces unoccupied) and 10.06% (153 spaces occupied/1,371'spaces unoccupied) and are- il- lustrated in Figure 5 with the remaining hourly weekend day parking utilization breakdown for the entire center. i A review of the combined weekday and weekend surveys found that for a seven day period, the four parking areas were utilized at an average rate of 29.60% (451 spaces oc- cupied/1,073 spaces unoccupied).The average peak high and low periods of utilization for the seven day period were 12:00 P.M.to 1:00 P.M.and 7:00 AM.to 8:00 AM.,respectively. The corresponding utilization rates for these peak periods were 41.86 (638 spaces oc- cupied/886 spaces unoccupied)and 9.07%(138 spaces occupied/1,386 spaces unoccupied) and are illustrated in Figure 6 with the remaining hourly combined parking utilization breakdown for the entire center. The hourly parking utilization characteristics of Monday, Wednesday, Friday, Saturday and Sunday, for the four parking areas, are presented in Figures 7 through 11 and indicate that parking utilization usually reached peak levels between the hours of 12:00 P.M. to 3:00 P.M. As indicated in Figure 7, peak high and low periods of parking utilization for Monday were found to occur from 2:00 P.M. to 3:00 P.M. and 7:00 A.M. to 8:00 A.M., respectively.The corresponding utilization rates for these periods were 37.85 (577 spaces occupied/948 spaces unoccupied) and 7.79% (119 spaces occupied/1,405 spaces unoc- cupied). As indicated in Figure 8, the peak high and low periods of parking utilization for Wednes- day were found to be 1:00 P.M. to 2:00 P.M. and 7:00 A.M. to 8:00 A.M.,respectively.The corresponding utilization rates for these periods were 39.30 (599 spaces occupied/925 spaces unoccupied) and 9.58% (146 spaces occupied/1,378 spaces unoccupied). Figure 9 indicates that the peak high and low periods of parking utilization for Friday were 2:00 P.M. to 3:00 P.M. and 7:00 A.M. to 8:00 A.M., respectively, with corresponding rates of 44.78 (682 spaces occupied/842 spaces unoccupied)and 7.86%(120 spaces occupied/1,404 spaces unoccupied). Figures 10 and 11 indicate that the peak high periods of parking utilization for Saturday and Sunday were 53.17 (810 spaces occupied/714 spaces unoccupied) from 12:00 P.M. to 1:00 P.M. and 41.88% (638 spaces occupied/886 spaces unoccupied) form 2:00 P.M. to 3:00 P.M., respectively. These figures also indicate that the peak low periods of parking utilization for Saturday and Sunday were 11.00% (167 spaces occupied/1,357 spaces unoccupied) and 9.11% (139 spaces occupied/1,385 spaces unoccupied), respectively. As noted in Figure 12, the highest utilization rate, 70.45% (1,073 spaces occupied/451 spaces unoccupied) occurred in Area III between the hours of 7:00 P.M. to 8:00 P.M.This high utilization rate can be attributed to the restaurant establishment in Area III. Figure 1 l HOME DEPOT HUNTINGTON BEACH FACILITY i PERCENTAGE OF UTILIZATION ' 50 40 --- ...._....._.... 30 ` 20 __.. _ _.._ ._.........._ ............._ 10 ._ __._......_..._._.. ._ _........_.. ....._.... 8 9 10 11 12 1 2 3 4 5 6 . 7 8 9 TIME PERIOD ENDING REi.HDHD5.DwC FVC,URE 5 AVERAGE WEEKEND DAY ,r:bb..- KHR A88000QTF-8 PARKING UTILIZATION TRANSPORTATION/ENVIRONMENTAL/URBAN SYSTEMS 18500 von Y rm•o iLwnue. Suite 000• 1-1—C^Worn" D2715 • (714)756-6440 -9- HOME DEPOT HUNTINGTON BEACH FACILITY PERCENTAGE OF UTILIZATION 50 40 30 -----... _.----------- .._ ..................__....... 10 ... .. .. .. ... ... 0 8 9 10 11 12 1 2 3 4 5 6 7 8 9 TIME PERIOD ENDING REF.HDH86.DWG COMBINED AVERAGE „ FIGURE 6 �„� �a� Q��ocflQ��� PARKING UTILIZATION TRANSPORTATION/ENVIRONMENTAL/URBAN SYSTEMS 16500 Yon I:armeo A•e nue. SuiLe 000• 1,Jf .C.W—Se 92715 • (714) 756-6140 -10- HOME DEPOT HUNTINGTON BEACH FACILITY PERCENTAGE OF UTILIZATION 40 i 1 } __..._ ..__.._. .........._.... ............_... 30 i 0 i 0 8 9 10 11 12 1 2 3 4 5 5 7 8 9 TIME PERIOD ENDING REF.HDR87.DWC _ MONDAY FIGURE 7 ��� �aa TRANSORTATION/ENVIRONMENTAL/URBAN SYSTEMS PARKING UTILIZATION 18500 von "—n A-1.Sui1.e 300 a Irvine.C-Uf"Wl 02715 a (714) '/SE-6410 -11- HOME DEPOT HUNTINGTON BEACH FACILITY PERCENTAGE OF UTILIZATION 50 30 10 0 8 9 10 11 12 1 2 3 4 5 6 7 8 9 TIME PERIOD ENDING REi.HDH88.Dw0 FIGURE 8 WEDNESDAY ! Kaa Ameoc cATE-0 TRANSPORTATION/ENVIRONMENTAL/URBAN SYSTEMS PARKING UTILIZATION S6500 ion Karmen Avenue. Suite 000•Irvine,California 927)6 • (?lA)768-6A40 -12- l HOME DEPOT HUNTINGTON BEACH FACILITY PERCENTAGE OF UTILIZATION 50 l i 40 30 I 20 10 0 8 9 10 11 12 1 2 3 4 5 6 7 8 9 TIME PERIOD ENDING REF.HDH89.DWC --_._ FIGURE 9 FRIDAY ��� oQ��� PARKING UTILIZATION TRANSPORTATION/ENVIRONDIENTAL/URBAN SYSTEMS 185W Von K—, Avenue. Suite 300• 1-ine.C•lilornie 9.^715 • (714) 756-6448 -13- HOME DEPOT i HUNTINGTON BEACH FACILITY PERCENTAGE OF UTILIZATION 60 1 50 40 ..._ __........._... 3 0 _....................-.. 2 0 _....__....._.__._...._._.._...._._............ 10 - - - ..._....................... --- .........-................ 0 8 9 10 11 12 1 2 3 4 5 6 7 8 9 TIME PERIOD ENDING REF.RDHB10.Dw0 SATURDAY FIGURE 10 PARKING UTILIZATION TRANSPORTATION/ENVIRONMENTAL/URBAN SYSTEMS 10500 von Y—v Awn— SuR, 000. irAne.C,Wo nl. 92715 . (714) 75E-e440 -14- I HOME DEPOT HUNTINGTON BEACH FACILITY PERCENTAGE OF UTILIZATION 50 i 4 0 _._.. ..._. __.. - _. ..._..__....................__......-_-......_...-. .__.............--- 30 10 - 0 I 8 9 10 11 12 1 2 3 4 5 6 7 8 9 TIME PERIOD ENDING REf.HDHB11.DWC FIGURE r SUNDAY bbb.— KHR A88000ATER PARKING UTILIZATION TRANSPORTATION/ENVIRONMENTAL/URBAN SYSTEMS 185W Von K—n Awn— SWU 300• Irvin•.C•111ornia 02715 • (714) 766-8440 -15- PARKING AREA PEAK him, bft..- KHR Ammocoxraa UTILIZATION RATES TRANSPORTATION/ENVIRONMENTAL/URBAN SYSTEMS M500 Y— Y—n Amnu,.Suite 300-irvkn,.C&WormS, OM5 - (714)768-6440 12 also indicates that the lowest utilization rate, 7.79% (119 spaces occupied/1,405 spaces unoccupied) was found in Area II between the hours of 8:00 P.M. to 9:00 P.M. .i Based on the results of the utilization surveys, certain information pertaining to surplus and deficient parking conditions is available. On a hourly basis,between the hours of 7:00 AM. and 9:00 P.M.,the average number of parking spaces which are vacant(unoccupied) per survey period in the entire center is approximately 532 for an average weekday and' 496 for a weekend day, respectively. The number of vacant (unoccupied) parking spaces for the center vary, with high and low periods occurring from 7:00 A.M. to 8:00 A.M. and 1 12:00 P.M. to 1:00 P.M. respectively. The corresponding number of vacant (unoccupied) parking spaces per survey period during these high and low periods are 710(Monday) and l 366 (Saturday), respectively. I CONCLUSIONS Based on the findings presented through this study, and the analyses in this report, the following conclusions were reached: 1.Through this analysis several aspects of the parking utilization conditions for the center were observed and analyzed. It was found that the existing parking supply can effec- tively and efficiently accommodate existing demands based on current uses within the center. The existing supply of parking spaces in this center is heavily underutilized during most periods of the day and only occasionally approaches a high utilization rate of-approximately 50%. 2. Based on the parking inventory and utilization surveys, the parking demand for the proposed expansion of the Home Depot facility and the displacement of approximately 30 parking spaces (resulting from the relocation of the garden center) can easily be accommodated by the existing number of parking spaces provided at the center. 3.The existing parking areas currently provide parking for the normal hours of operation for both patrons and employee uses. For the most part, existing conditions are such that parking overflow problems do not occur within the area of investigation. I 4. All unrestricted parking areas are situated close enough to the building structures so f that parking is made available within a reasonable walking distance from most destina- tion in this area. S. During the conduct of this investigation, certain parking spaces were unavailable for parking due to minor construction or the storage of construction equipment. The number of spaces that were unavailable was approximately 25. 6. The parking spaces situated directly in front or adjacent to the restaurant uses ex- perienced high utilization rates during the evening hours. 7. Due to the time of year that this survey was conducted, the Sam Goody Record Shop (Area III)generated a substantial parking demand thus producing high utilization rates for the Friday evening survey. 8.During most hours of the investigation approximately 60%of parking study Area II and 50% of parking study Area IV were found to be vacant. -17- .. i. r1s­11-� r 1=+r_100z4z114 P. 1 9. As presented in Figure 8 (Combined Average Parking Utilization), parking utilization for the entire center peaks during the early afternoon hours at approximately 40%and gradually decreases to approximately 20010 at closing time. 10. Current parking utilization and demand conditions for the entire center indicate that between 360(low)and 704 (high)parking spaces are vacant every one-half hour.Based on this information, it is evident that the potential expansion of the existing Home Depot facility can be accommodated without major improvements to the center. An abundant amount of surplus parking exist which can effectively accommodate the new demand for any reasonable expansion along with relocating any existing parking that may be displaced as a result of the placement of any new buildings. 11. The existing surplus of parking spaces will also accommodate the relocation of 28 existing spaces which will be displaced as a result of current construction. These 28 spaces currently exist where buildings "F" and "G" are proposed to be located, as indicated in the site plan prepared by Greenberg Farrow and dated June 21, 1990. In addition, the existing surplus parking will also accommodate the new parking required for these two buildings. 12. The proposed project includes the relocation of the entrance doors to a position approximately 100 feet west of its current position. With the relocation of these entrance doors, the parking areas most heavily utilized may shift to those spaces which are closest to the new door locations.The shift in parking accumulation will not impact the current parking layout or circulation since these areas currently exist and ex- perience slight demand, relative to available parking spaces. Internal site circulation will be accommodated through the current on-site alleys and driveway accesses. 13. The proposed project will also provide for a larger and more convenient customer pickup area which will not impact on-site parking or circulation conditions. The new pickup zone will be removed from through traffic and will still provide safe and efficient pedestrian and vehicular flows to and from the Home Depot building. 14.The proposed project will also include the relocation of the existing garden center.The new garden center will be located on the west end of the project and will have access from both inside and outside of the main building, parking for the garden center will he accommodated by the existing parking spaces which are closest to the proposed location which are currently heavily underutilized. Although the relocation of the existing garden center which displace approximately 30 parking spaces, adequate parking will remain in Areas I, II and IV to accommodate garden center patrons. RECOMMENDATIONS Based on the study findings and the above conclusions the following recommendations are made: 1. Due to the size of the rear portion of parking Area II, it is recommended that consideration be given to installing "car stops" for the vacant spaces at the rear of this parking area. Field observations indicated that on a number of occasions motorists cut-through the parking lot at substantial rates of speeds to travel from one area of the center to the other. -18- Q-5 I 2. Based on field observations, it is recommended that lighting for the parking areas be repaired and maintained or replaced. Several areas of parking study areas I and IV ' I operate without any lighting during the evening hours. 3.It is recommended that the angled parking spaces in the rear of the building be restriped to accommodate 90-degree parking only. l l -19- 6841 Nyanza Drive Huntington Beach, CA ,Tune 20, 1991 G � The honorable Mayor p -4 =T City Council Members CI m City of Huntington Beach CS p orr,,T 2000 Main Street M Huntington Beach, CA —V r_ Dear Mayor and Council Members: Re: Appeal by the Home Depot CUP 90-59 and Variance 91-11 The above referenced appeal by the home Depot is presently scheduled to be on your July 1 , 1991 agenda for consideration. The review of the appeal is very important to the property owners that border this property and we would like the appeal to he heard by all council members. 7 understand that one council. member, Grace Winchell, will not be present at the July 1 meeting. Due to this absence 1 would like the appeal postponed and rescheduled to the third Monday in July when all members will be present. Stcould you have any questions regarding this matter I can he reached at (714) 847-9947. Thank you for consideration in this matter. Yours truly, Donald K. McCallum No, l i LAW OFFICES OF KEVIN J. HIZON 10220A WARNER AVENUE FOUNTAIN VALLEY, CA 92708 (714)964-0224 r -+rn JUNE 2 O, 1991 rn rn norm Xr O n ATT: CONNIE BROCKWAY SENT, yI TF 4 HUNTINGTON BEACH CITY CLERK NO, -= 2000 MAIN STREET HUNTINGTON BEACH,. CALIFORNIA 92648 MFIMD BY V.S. MAIL RE: R OU]5ST FOS POSTRO MENT Off' HOME DEPOT U.S APMAL Dear Ms. Brockway/City Clerk: I have been asked to speak on behalf of numerous residents of Huntington Beach . in opposition to the appeal filed by Home Depot U.S.A. , Inc. , from. the Huntington Beach Planning Commissionos decision of May 71 1991. said appeal is currently on the city council agenda for July 1, 1991. On behalf of . these residents, it is hereby requested that the hearing of said appeal be continued and postponed until the first council meeting in which all members of the city council are present and participating, which would not be until on or before July 15 , 1991. The ground upon which this request is based is that residents have verified that Councilperson Grace Winchall will be unavailable and will not be attending the July 1, 1991, meeting. "The Home Depot expansion continues to be a very contested item with substantial community interest, and each council member's vote is pivotal and critical to the interests of people residing adjacent to the Home Depot shopping center. WHITAKER\HBCLERK.LTR 96:S I T6, 02 NQt_____`_� CONNIE BROCKWAY JUKE 20, 1991 PAGE 2 OF 2 Due to the serious and potential adverse ramifications of any decision by the council, it is respectfully asked that a continuance be granted. Sincerely, Kevin J. Hizon, Esq. KJK:mec cc: Samuel Whittaker file z d ze:sT S6, 0z Nnt tom, C 0 0 o YY� MAY 2 0 t ) tz 0 -- 1CPo7 � '