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HomeMy WebLinkAboutSix Month Review of Conditional Use Permit no. 03-35 (Target 2B06 JU -8 AM 10• 09 CITY +. ." :oe Ty � R Council/Agency Meeting Held: 6 _ Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied Cit CI rk' ign e Council Meeting Date: 6/19/2006 Departmen D Number: PL06-11 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY C UNCIL MEMBERS SUBMITTED BY: PENEE CETH�, CI Y ADMINISTRAT R PREPARED BY: HOWARD ZELEFSKY, DIRECTOR OF PLANNING SUBJECT: RECEIVE AND FILE AS ADEQUATE THE SIX-MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 03-35 (TARGET LOADING AND DELIVERY OPERATIONS CONDITION -APPEAL) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is an appeal by Mayor Sullivan and City Council Member Green, of the Planning Commission's acceptance of the six-month review of Conditional Use Permit No. 03-35 and the imposition of an additional one year review period. The purpose of the six-month review is to ensure compliance with the conditions of approval for Conditional Use Permit No. 03-35, which permitted the demolition and rebuild of the Target store at the southwest corner of Adams Ave. and Brookhurst St. The Planning Commission is recommending the City Council receive and file the six-month review with amended conditions of approval plus one additional condition of approval requiring another review of the loading and delivery operation at the new Target store (Planning Commission Recommended Action — A). Staff is recommending the City Council receive and file the six-month review as adequate with amended conditions of approval and no additional one-year review (Staff Recommended Action — B). Funding Source: Not applicable. Recommended Actions: A. PLANNING COMMISSION RECOMMENDATION: Motion to: "Receive and file as adequate the six-month review of Conditional Use Permit No. 03-35 with amended conditions of approval and with another review scheduled no later than one year from the date of the six-month review (ATTACHMENT NO. 1)." REQUEST FOR ACTION MEETING DATE: 6/19/2006 DEPARTMENT ID NUMBER:PL06-11 Planning Commission Action on April 25, 2006: A MOTION WAS MADE BY RAY, SECONDED BY LIVENGOOD TO RECEIVE AND FILE AS ADEQUATE THE SIX MONTH REVIEW WITH AMENDED CONDITIONS OF APPROVAL; WITH AN ADDITIONAL ONE YEAR REVIEW, BY THE FOLLOWING VOTE: AYES: BURNETT, LIVENGOOD, SCANDURA, RAY, HORGAN, DWYER NOES: DINGWALL ABSENT: NONE MOTION PASSED B. STAFF RECOMMENDATION: Motion to: "Receive and file as adequate the six-month review of Conditional Use Permit No. 03-35 with amended conditions of approval and no further review required (ATTACHMENT NO. 2)." Alternative Action(s): The City Council may make the following alternative motion: "Continue the six-month review of Conditional Use Permit No. 03-35 and direct staff accordingly." Analysis: A. PROJECT DESCRIPTION: Applicant: John Warren, Pacific Land Services, 2151 Salvio St., Ste. 250, Concord, CA 94520 Location: 9882 Adams Avenue (southwest corner of Brookhurst St. and Adams Ave.) The six-month review is required pursuant to a Condition of Approval No. 3 of Entitlement Plan Amendment No. 05-01 which was a request to amend Conditional Use Permit No. 03- 35 and permit weekend truck deliveries. The six-month review is to ensure compliance with the conditions of approval and assess any potential impacts to adjacent properties resulting from loading and delivery operations. The review considered code enforcement complaints, and included on-site inspections and monitoring by Planning and Code Enforcement staff. G:\RCAs\2006\PL06-11 Target-Appeal.doc -2- 5/31/2006 6:03 PM REQUEST FOR ACTION MEETING DATE: 6/19/2006 DEPARTMENT ID NUMBER:PL06-11 B. BACKGROUND Conditional Use Permit No. 03-35 to allow demolition and rebuild of the Target store was approved on April 14, 2004, by the City's Zoning Administrator. The applicant's request included daily truck deliveries between the hours of 8 a.m. and 8 p.m. seven days a week. The Zoning Administrator's approval included a condition of approval restricting delivery hours to Monday through Friday between the hours of 7 a.m. and 7 p.m. with no weekend deliveries. The Zoning Administrator's action was appealed to the Planning Commission on April 22, 2003. The Planning Commission approved Conditional Use Permit No. 03-35 on May 25, 2004, with findings and modified conditions of approval, upholding the Zoning Administrator's approval of the project, with no modifications to delivery hours. The modified conditions of approval included limiting the hours of operation for the store from 7 a.m. to 12 midnight and limiting the hours in which the rear access gates are open to 7 a.m. and 10 p.m. The Planning Commission's decision was appealed to the City Council. The City Council held a public hearing on July 19, 2004 and approved Conditional Use Permit No. 03-35, as modified by the Planning Commission, with no modifications to delivery hours. Subsequent to the CUP approval, the applicant submitted a request for an Entitlement Plan Amendment (EPA No. 05-01) to amend the conditions of approval to permit weekend truck deliveries. The amendment request was to permit weekend truck deliveries between the hours of 12 p.m. to 6 p.m. on Saturday with no deliveries permitted on Sunday. The Planning Commission approved EPA No. 05-01 on September 27, 2005, and required a six-month review as a fully noticed public hearing as a condition of approval. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: The Planning Commission held the six-month review public hearing on April 25, 2006 (See PC Staff Report - Attachment No. 3). There was one resident who spoke at the public hearing. The main concern expressed by the resident was light spillage onto his property from Target's parking lot lighting. Code Enforcement staff responded to the resident's concern by conducting a nighttime inspection. Staff noted that light shields have been installed on the lights to prevent direct light spillage onto adjacent residential properties. The resident also recommended that signage be placed along the southerly drive aisle to inform drivers of access and loading restrictions to the back of the building (See PC Minutes - Attachment No. 4). Staffs recommendation to the Planning Commission was to receive and file the six-month review with amended conditions requiring signs be placed adjacent to the loading dock prohibiting truck idling, identifying permitted hours for loading and deliveries, and providing a store contact phone number for the.public to report violations to store management. In addition to staff's recommended condition, the Planning Commission required an additional sign be placed at the southeasterly portion of the building that indicates "No thru traffic" and "No deliveries permitted". Finally, the Planning Commission added an additional review of G:\RCAs\2006\PL06-11 Target-Appeal.doc -3- 5/31/2006 6:00 PM REQUEST FOR ACTION MEETING DATE: 6/19/2006 DEPARTMENT ID NUMBER:PL06-11 the loading and delivery operations to be conducted within one year from the date of the six- month review. The one-year review shall be a fully noticed public hearing. D. APPEAL: On May 4, 2006, Mayor Sullivan and City Council Member Green appealed the Planning Commission's approval of the six-month review. The basis for the appeal is to have the City Council consider the staff recommendation to receive and file the six-month review as adequate without an additional one-year review of the loading and delivery operations (Attachment No. 5). E. STAFF ANALYSIS AND RECOMMENDATION: The Target store has been operational since October of 2005. Target store management has identified challenges in the re-opening of the new store. The primary challenge is during the holiday season and the large amount of deliveries necessary to stock the new store. Another challenge has been informing all new employees and truck drivers of the restrictions permitting loading and deliveries as stipulated by the conditions of approval. Since the store opened, the City has received complaints from adjacent residents relating to truck deliveries occurring outside of approved delivery hours, excessive truck idling, and outside storage of delivery merchandise. Staff has been in communication with store management regarding these complaints. The most recent code enforcement action was a citation issued on March 7, 2006 for outside storage of merchandise. As a result of this citation, the violation was abated and the store is in full compliance with all the conditions of approval. Although there have been violations noted by staff, store management has been responsive in addressing complaints made during their first six months of operation and continue to work with staff on compliance with all the conditions of approval. Based on the recommended conditions of approval and compliance with the CUP requirements, staff recommends that the six-month review be received and filed as adequate with the amended conditions and no further review. Environmental Status: The project's potential environmental impacts were analyzed under Mitigated Negative Declaration No. 03-02. Staff determined that the proposed development, with mitigation, would not have any significant environmental effects and that a mitigated negative declaration is warranted. GARCAsX2006\PL06-11 Target-Appeal.doc -4- 6/1120061:43 PM REQUEST FOR ACTION MEETING DATE: 6/19/2006 DEPARTMENT ID NUMBER:PL06-11 Attachment(sl: City Clerk's Page Number No. Description 1. PC - Suggested Conditions of Approval (CUP No. 03-35) 2. Staff—Suggested Conditions of Approval (CUP No. 03-35) 3. Planning Commission Staff Report dated April 25, 2006 4. Draft Planning Commission Minutes dated April 25, 2006 5. Appeal Memo Dated May 4, 2006 From Mayor Sullivan & Council Member Green 6. PowerPoint Presentation dated June 19, 2006 G:\RCAs\2006\PL06-11 Target-Appeal.doc -5- 6/8/2006 8:26 AM �:e . - � : . — - : ����/»?: : y?: . 2z . �. � z «» . � «© . - _ < - � 2 � � � � � � � �?« � »�:y �v .� . . � : . ~> � � ° ^ � © ��2:����� ����© - � ° : � � - � ��\�� \� � » � � � »�.�+zz FOAM* CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK NOTICE OF ACTION June 26, 2006 Planning Department City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 SUBJECT: Appeal of the Planning Commission's Acceptance of the Six-Month Review of Conditional Use Permit(CUP)03-36(Target Loading and Delivery Operations Condition)and Imposition of an Additional One-Year Review Period, and Receive and File as Adequate CUP No. 03-35 With Amended Conditions of Approval and No Additional One-Year Review APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: 9882 Adams Avenue (southwest corner of Brookhurst St. and Adams Ave.) DATE OF ACTION: June 19, 2006 On Monday, June 19, 2006 the City Council of the City of Huntington Beach took action on your application and approved the Staff Recommendation as amended for Conditional Use Permit No. 03-35 with conditions of approval (attached). If you have any questions, please contact Paul DaVeiga, Associate Planner at (714) 536-5271. Sincerely, Can . n City Clerk Enclosure: Conditions of Approval: CUP No. 03-35 c: Howard Zelefsky,Director of Planning Paul DaVeiga,Associate Planner Mayor Sullivan and Gouncilmember Green John Warren,Pacific Land Services g:/followup/appeal/decision-90daylter-combo.doc (Telephone:714-536-5227) CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 03-35 CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 03-36: 1. The site plan, floor plans and elevations received and dated March 18, 2004 shall be the conceptually approved layout with the following modifications: a. The loading dock enclosure shall be constructed with sound absorbing material designed to minimize noise impacts associated with loading and unloading activities. Truck loading and maneuvering shall be designed to provide the greatest separation possible from the adjacent residential properties. The architecture colors and materials of the enclosure shall be consistent with the overall building architecture. b. The architecture colors and materials of the garden center shall be consistent with the overall building architecture. c. The design, colors, and materials for the subject building shall be reviewed by the Design Review Board (DRB)following approval by the Planning Commission. 1) Elevations shall be revised to incorporate multiple roof planes and/or a variety of roof slopes to reduce the overall mass and bulk of the building and comply with the Urban Design Guidelines. 2) The overall architectural theme shall reflect a contemporary architectural design consistent with the design concept identified on elevation dated April 14, 2004. Several massing elements, in various volumes, shall be incorporated into the design. Varied use of earth tone colors and quality exterior materials such as stone veneer, split-face block, or other similar material shall be incorporated to accent prominent portions of the building facades. 3) The design of the garden center shall incorporate an enhanced entry design which shall have the appearance of a secondary storefront. The design of the garden center shall include similar architectural design as the overall building. 4) A public art element shall be integrated and be in a location that is visible to the public within the project site. Public art shall incorporate the following: i) Artistic excellence and innovation ii) Appropriate to the design of the project iii) Indicative of the community's cultural identity (ecology, history, society) The Design Review Board's recommended public art element shall be reviewed and approved by the Planning Director, prior to issuance of a building permit for the project. The public art shall be in place at the subject site prior to final building inspection. d. The cart corrals shall be constructed with a durable material such as concrete block. The design of the cart corrals shall be consistent with Sheet 6 of the conceptual plans dated March 18, 2004. The colors and materials used on the cart corrals shall be consistent with the subject building. e. All non-conforming signs shall be eliminated from the subject site, including the one pylon sign along the Adams Avenue frontage and a second pylon sign along the Brookhurst Street frontage. A planned sign program for all signage on the subject property and outlying commercial pads shall be submitted to the Planning Department. Said program shall be approved prior to the first sign permit request. (G:PC\NOA\2006\CUP 03-35\6-month review) Page 1 of 4 f. Prior to submittal for building permits. The applicant shall submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval, and inclusion in the entitlement file to the Planning Department and submit 8.5 inch by 10 inch colored elevations, materials board, and renderings to the Planning Department for inclusion in the entitlement file. g. All parking that is proposed behind the store, within the access gates, shall be designated as employee-only parking. h. A minimum of two speed bumps shall be provided behind the building, subject to review and approval by the Fire Department. i. All perimeter trees located directly adjacent to residential properties shall be of a species that is non-deciduous and results in minimal impacts in maintenance and upkeep to adjacent properties. 2. Prior to issuance of a grading permit, the following shall be completed: a. The site plan received and dated April 14, 2003 shall be the approved layout except for the following: (PW) 1) The driveway on the south side of the property along Brookhurst Street shall be widened to a minimum of 36-feet in width, to allow for two egress lanes. 2) A minimum 10-foot sight triangle must be provided at all points on the site, including the building corners. Areas of concern include the northwest corner(at the loading dock) and northeast corner of the building. The sidewalk must also be extended a minimum of four feet west of the building corner. 3) A truck-tracking exhibit, utilizing a WB-50 design vehicle, must be provided to demonstrate that delivery trucks can be accommodated. This truck tracking exhibit must illustrate a truck entering the site, accessing the loading docks and egressing the site. It must be demonstrated that the truck movements will not encroach into opposite directions of roadway traffic nor impact the parking spaces shown. 4) A traffic signal shall be constructed at the main driveway entrance on Adams Avenue. This traffic signal shall include the installation of interconnect conduit and cable to the traffic signal controller cabinet at the intersection of Brookhurst Street and Adams Avenue. A traffic signal and maintenance easement shall be provided in the driveway area. The appropriate curb ramp and signing & striping modifications shall be made to accommodate the traffic signal installation. (PW/MM) 5) The applicant shall provide the legal description(s), plat(s), and supporting documents necessary for the City to quitclaim any abandoned portions of the existing water line easement dedicated to the City of Huntington Beach. (PW) 3. Prior to issuance of building permits, the following shall be completed: a. An "Acceptance of Conditions" form shall be properly executed by the applicant and an authorized representative of the owner of the property, recorded with the County Recorder's Office, and returned to the Planning Department for inclusion in the entitlement file. Conditions of approval shall remain in effect in the recorded form in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. (G:PC\NOA\2006\CUP 03-35\6-month review) Page 2 of 4 b. The public art element shall be approved by the reviewed by the Design Review Board and approved by the Planning Director. 4. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released for commencement of use and issuance of a Certificate of Occupancy until compliance with all conditions of approval specified herein are accomplished and verified by the Planning Department. 5. The use shall comply with the following: a. Target product delivery and trash pickup shall be permitted between the hours of 8:00 a.m. to 7:00 p.m. Monday through Friday and 10:00 a.m. to 6:00 p.m. on Saturday and Sunday. b. Delivery trucks shall not leave engines idling while delivering merchandise to the Target store. Trucks shall turn-off engines once they reach the loading dock. (MM) c. There shall be no loudspeakers or other amplified devices within the garden center, at any time. (MM) d. Rubber noise seals shall be provided around the opening to the building at the location of the loading dock. (MM) e. The trash compactor shall not be operated before 8:00 AM and after 7:00 PM. (MM) f. All doors along the southerly and westerly facades of the building shall remain closed at all times. (MM) g. The hours of operation for the Target store shall be from 7 a.m. to 12 a.m. The access gates to the rear of the building shall remain closed from 10:00 p.m. to 7:00 a.m. h. Parking lot lights shall be automatically dimmed to minimal security level lighting one hour after closing. i. The Target Department Store shall be designated as a single user with a maximum of 10 percent of the gross building floor area devoted to an ancillary retail/restaurant tenant. j. Any re-use of the site or request for future demising walls to allow for a new use within the subject building shall require approval of a conditional use permit by the Planning Commission. k. All outdoor display of seasonal, holiday, special events, and temporary outdoor sales events within the parking lot, on sidewalks, or any other portion of the project site shall be subject to the Huntington Beach Zoning and Subdivision Ordinance Code. At no time shall a Temporary Use Permit be granted for the area between the subject building and the southerly or westerly property lines. 1. There shall be no outside storage of storage containers or bins, vehicles, vehicle parts, equipment, or trailers. There shall be no outside storage of palettes or other product at any time without the required permits. m. There shall be no loitering by patrons or employees within the parking areas located at the rear of the subject building. Signs shall be posted to indicate that no loitering in all parking areas located behind the subject building. Store managers shall be responsible for regulating all activity occurring at the rear of the subject building at all times. (G:PC\NOA\2006\CUP 03-35\6-month review) Page 3 of 4 n. A store liaison shall be permanently established and available to assist neighbors and residents with issues regarding the site during construction and after completion of the project when the development is open for business. A sign identifying the store contact and telephone number shall be permanently posted on-site. o. All Mitigation Measures of Mitigated Negative Declaration No. 03-02 shall be adhered to. 6. Within 30 days of Planning Commission action on the six-month review, the following signs shall be installed (AMENDED 4/25/06): a. A sign(s) prohibiting truck idling, identifying the permitted hours for loading and delivery, and providing a store contact shall be placed in a conspicuous location adjacent to the loading dock. The sign shall be sized appropriately in order that it can be clearly viewed by truck drivers entering the loading dock area. The sign(s), the text, and location shall be submitted to the Planning Department for review and approval prior to installation. (AMENDED 4125/06) b. A sign shall be installed at the southeasterly portion of the building that indicates"No thru traffic" and "No deliveries permitted". The sign shall be placed in a conspicuous location with the text and location subject to the review of the Planning Department prior to installation. (AMENDED 4/26/06) 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 8. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. (G:PC\NOA\2006\CUP 03-35\6-month review) Page 4 of 4 (PC APPROVED 4/25106) CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 03-35 CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 03-35: 1. The site plan, floor plans and elevations received and dated March 18, 2004 shall be the conceptually approved layout with the following modifications: a. The loading dock enclosure shall be constructed with sound absorbing material designed to minimize noise impacts associated with loading and unloading activities. Truck loading and maneuvering shall be designed to provide the greatest separation possible from the adjacent residential properties. The architecture colors and materials of the enclosure shall be consistent with the overall building architecture. b. The architecture colors and materials of the garden center shall be consistent with the overall building architecture. c. The design, colors, and materials for the subject building shall be reviewed by the Design Review Board (DRB)following approval by the Planning Commission. 1) Elevations shall be revised to incorporate multiple roof planes and/or a variety of roof slopes to reduce the overall mass and bulk of the building and comply with the Urban Design Guidelines. 2) The overall architectural theme shall reflect a contemporary architectural design consistent with the design concept identified on elevation dated April 14, 2004. Several massing elements, in various volumes, shall be incorporated into the design. Varied use of earth tone colors and quality exterior materials such as stone veneer, split-face block, or other similar material shall be incorporated to accent prominent portions of the building fagades. 3) The design of the garden center shall incorporate an enhanced entry design which shall have the appearance of a secondary storefront. The design of the garden center shall include similar architectural design as the overall building. 4) A public art element shall be integrated and be in a location that is visible to the public within the project site. Public art shall incorporate the following: i) Artistic excellence and innovation ii) Appropriate to the design of the project iii) Indicative of the community's cultural identity(ecology, history, society) The Design Review Board's recommended public art element shall be reviewed and approved by the Planning Director, prior to issuance of a building permit for the project. The public art shall be in place at the subject site prior to final building inspection. d. The cart corrals shall be constructed with a durable material such as concrete block. The design of the cart corrals shall be consistent with Sheet 6 of the conceptual plans dated March 18, 2004. The colors and materials used on the cart corrals shall be consistent with the subject building.. (G:PC\NOA\2006\CUP 03-35\6-month review) Page 1 of 5 P � � ;!Z.., A � wad "� � , e. All non-conforming signs shall be eliminated from the subject site, including the one pylon sign along the Adams Avenue frontage and a second pylon sign along the.Brookhurst Street frontage. A planned sign program for all signage on the subject property and outlying commercial pads shall be submitted to the Planning Department. Said program shall be approved prior to the first sign permit request. f. Prior to submittal for building permits. The applicant shall submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval, and inclusion in the entitlement file to the Planning Department and submit 8.5 inch by 10 inch colored elevations, materials board, and renderings to the Planning Department for inclusion in the entitlement file. g. All parking that is proposed behind the store, within the access gates, shall be designated as employee-only parking. h. A minimum of two speed bumps shall be provided behind the building, subject to review and approval by the Fire Department. i. All perimeter trees located directly adjacent to residential properties shall be of a species that is non-deciduous and results in minimal impacts in maintenance and upkeep to adjacent properties. 2. Prior to issuance of a grading permit, the following shall be completed: a. The site plan received and dated April 14, 2003 shall be the approved layout except for the following: (PW) 1) The driveway on the south side of the property along Brookhurst Street shall be widened to a minimum of 36-feet in width, to allow for two egress lanes. 2) A minimum 10-foot sight triangle must be provided at all points on the site, including the building corners. Areas of concern include the northwest corner(at the loading dock)and northeast corner of the building. The sidewalk must also be extended a minimum of four feet west of the building corner. 3) A truck-tracking exhibit, utilizing a WB-50 design vehicle, must be provided to demonstrate that delivery trucks can be accommodated. This truck tracking exhibit must illustrate a truck entering the site, accessing the loading docks and egressing the site. It must be demonstrated that the truck movements will not encroach into opposite directions of roadway traffic nor impact the parking spaces shown. 4) A traffic signal shall be constructed at the main driveway entrance on Adams Avenue. This traffic signal shall include the installation of interconnect conduit and cable to the traffic signal controller cabinet at the intersection of Brookhurst Street and Adams Avenue. A traffic signal and maintenance easement shall be provided in the driveway area. The appropriate curb ramp and signing &striping modifications shall be made to accommodate the traffic signal installation. (PW/MM) 5) The applicant shall provide the legal description(s), plat(s), and supporting documents necessary for the City to quitclaim any abandoned portions of the existing water line easement dedicated to the City of Huntington Beach. (PW) 3. Prior to issuance of building permits, the following shall be completed: (G:PC\NOX2006\CUP 03-35\6-month review) Page 2 of 5 . Z i g i i . a. An"Acceptance of Conditions"form shall be properly executed by the applicant and an authorized representative of the owner of the property, recorded with the County Recorder's Office, and returned to the Planning Department for inclusion in the entitlement file. Conditions of approval shall remain in effect in the recorded form in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. b. The public art element shall be approved by the reviewed by the Design Review Board and approved by the Planning Director. 4. The structure(s) cannot be occupied, the final building permit(s)cannot be approved, and utilities cannot be released for commencement of use and issuance of a Certificate of Occupancy until compliance with all conditions of approval specified herein are accomplished and verified by the Planning Department. 5. The use shall comply with the following: a. Target product delivery and trash pickup shall be permitted between the hours of 7:00 a.m.to 7:00 p.m. Monday through Friday and 12:00 p.m. to 6:00 p.m. on Saturday. No deliveries shall occur on Sunday. Delivery hours for vendor trucks shall be permitted between the hours of 8:00 a.m. and 12 p.m. Monday through Friday. All delivery vehicles, including Target product delivery trucks and outside vendors trucks that cannot be accommodated with a typical 9 foot wide by 19 foot deep parking stall shall utilize the enclosed delivery bays for all loading and unloading activities. All other delivery vehicles that are no larger than a typical parking stall size may utilize the parking lot and access the store through the main entrance. Deliveries of any kind shall be prohibited behind the subject building, other than the designated loading and unloading bays. b. Delivery trucks shall not leave engines idling while delivering merchandise to the Target store. Trucks shall turn-off engines once they reach the loading dock. (MM) c. There shall be no loudspeakers or other amplified devices within the garden center, at any time. (MM) d. Rubber noise seals shall be provided around the opening to the building at the location of the loading dock. (MM) e. The trash compactor shall not be operated before 8:00 AM and after 7:00 PM. (MM) f. All doors along the southerly and westerly facades of the building shall remain closed at all times. (MM) g. The hours of operation for the Target stare shall be from 7 a.m. to 12 a.m. The access gates to the rear of the building shall remain closed from 10:00 p.m. to 7:00 a.m. h. Parking lot lights shall be automatically dimmed to minimal security level lighting one hour after closing. (G:PCWOA\2006\CUP 03-35\6-month review) Page 3 of 5 ATTACHMENT O. 1 L The Target Department Store shall be designated as a single user with a maximum of 10 percent of the gross building floor area devoted to an ancillary retail/restaurant tenant. j. Any re-use of the site or request for future demising walls to allow for a new use within the subject building shall require approval of a conditional use permit by the Planning Commission. k. All outdoor display of seasonal, holiday, special events, and temporary outdoor sales events within the parking lot, on sidewalks, or any other portion of the project site shall be subject to the Huntington Beach Zoning and Subdivision Ordinance Code. At no time shall a Temporary Use Permit be granted for the area between the subject building and the southerly or westerly property lines. 1. There shall be no outside storage of storage containers or bins, vehicles, vehicle parts, equipment,or trailers. There shall be no outside storage of palettes or other product at any time without the required permits. m. There shall be no loitering by patrons or employees within the parking areas located at the rear of the subject building. Signs shall be posted to indicate that no loitering in all parking areas located behind the subject building. Store managers shall be responsible for regulating all activity occurring at the rear of the subject building at all times. n. A store liaison shall be permanently established and available to assist neighbors and residents with issues regarding the site during construction and after completion of the project when the development is open for business. A sign identifying the store contact and telephone number shall be permanently posted on-site. o. All Mitigation Measures of Mitigated Negative Declaration No. 03-02 shall be adhered to. 6. A review of the hours of deliveries and all loading and unloading activities shall be conducted by the Planning Commission within one year following the date of the prior six-month review. The review shall include a public hearing with notification to all property owners and tenants within a 500-foot radius of the subject site. The review of the hours of delivery and loading and unloading activities will involve Planning, Code Enforcement, Police, and neighbor complaints in order to determine compliance with the conditions of approval, mitigation measures, and applicable Chapters of the Huntington Beach Zoning and Subdivision Ordinance and Municipal Code pertaining to noise and truck deliveries. Any violations of the mitigation measures, conditions of approval, or applicable chapters of the HBZSOand HBMC may require a duly noticed revocation hearing of the Planning Commission. (AMENDED 4/25/06) 7. Within 30 days of Planning Commission action on the six-month review, the following signs shall be installed (AMENDED 4/25/06): a. A sign(s) prohibiting truck idling, identifying the permitted hours for loading and delivery, and providing a store contact shall be placed in a conspicuous location adjacent to the loading dock. The sign shall be sized appropriately in order that it can be clearly viewed by truck drivers entering the loading dock area. The sign(s), the text, and location shall be submitted to the Planning Department for review and approval prior to installation. (AMENDED 4125/06) b. A sign shall be installed at the southeasterly portion of the building that indicates"No thru traffic"and "No deliveries permitted". The sign shall be placed in a conspicuous location with (G:PC\NOA\2006\CUP 03-35\6-month review) Page 4 of 5 L T the text and location subject to the review of the Planning Department prior to installation. (AMENDED 4/25/06) 8. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 9. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. (G:PC\NOA\2006\CUP 03-35\6-month review) Page 5 of 5 ATTAcHMMT NO 1 ,� .� �� � i (STAFF RECOMMENDED) CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 03-35 CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 03-35: 1. The site plan,floor plans and elevations received and dated March 18, 2004 shall be the conceptually approved layout with the following modifications: a. The loading dock enclosure shall be constructed with sound absorbing material designed to minimize noise impacts associated with loading and unloading activities. Truck loading and maneuvering shall be designed to provide the greatest separation possible from the adjacent residential properties. The architecture colors and materials of the enclosure shall be consistent with the overall building architecture. b. The architecture colors and materials of the garden center shall be consistent with the overall building architecture. c. The design, colors, and materials for the subject building shall be reviewed by the Design Review Board (DRB)following approval by the Planning Commission. 1) Elevations shall be revised to incorporate multiple roof planes and/or a variety of roof slopes to reduce the overall mass and bulk of the building and comply with the Urban Design Guidelines. 2) The overall architectural theme shall reflect a contemporary architectural design consistent with the design concept identified on elevation dated April 14, 2004. Several massing elements, in various volumes, shall be incorporated into the design. Varied use of earth tone colors and quality exterior materials such as stone veneer, split-face block, or other similar material shall be incorporated to accent prominent portions of the building fagades. 3) The design of the garden center shall incorporate an enhanced entry design which shall have the appearance of a secondary storefront. The design of the garden center shall include similar architectural design as the overall building. 4) A public art element shall be integrated and be in a location that is visible to the public within the project site. Public art shall incorporate the following: i) Artistic excellence and innovation ii) Appropriate to the design of the project iii) Indicative of the community's cultural identity(ecology, history, society) The Design Review Board's recommended public art element shall be reviewed and approved by the Planning Director, prior to issuance of a building permit for the project. The public art shall be in place at the subject site prior to final building inspection. d. The cart corrals shall be constructed with a durable material such as concrete block. The design of the cart corrals shall be consistent with Sheet 6 of the conceptual plans dated March 18, 2004. The colors and materials used on the cart corrals shall be consistent with the subject building. (G:PCWOA\2006\CUP 03-35\6-month review) Page 1 of 5 ATTACH , e. All non-conforming signs shall be eliminated from the subject site, including the one pylon sign along the Adams Avenue frontage and a second pylon sign along the Brookhurst Street frontage. A planned sign program for all signage on the subject property and outlying commercial pads shall be submitted to the Planning Department. Said program shall be approved prior to the first sign permit request. f. Prior to submittal for building permits. The applicant shall submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval, and inclusion in the entitlement file to the Planning Department and submit 8.5 inch by 10 inch colored elevations, materials board, and renderings to the Planning Department for inclusion in the entitlement file. g. All parking that is proposed behind the store, within the access gates, shall be designated as employee-only parking. h. A minimum of two speed bumps shall be provided behind the building, subject to review and approval by the Fire Department. i. All perimeter trees located directly adjacent to residential properties.shall be of a species that is non-deciduous and results in minimal impacts in maintenance and upkeep to adjacent properties. 2. Prior to issuance of a grading permit, the following shall be completed: a. The site plan received and dated April 14, 2003 shall be the approved layout except for the following: (PW) 1) The driveway on the south side of the property along Brookhurst Street shall be widened to a minimum of 36-feet in width, to allow for two egress lanes. 2) A minimum 10-foot sight triangle must be provided at all points on the site, including the building corners. Areas of concern include the northwest corner(at the loading dock) and northeast corner of the building. The sidewalk must also be extended a minimum of four feet west of the building corner. 3) A truck-tracking exhibit, utilizing a WB-50 design vehicle, must be provided to demonstrate that delivery trucks can be accommodated. This truck tracking exhibit must illustrate a truck entering the site, accessing the loading docks and egressing the site. It must be demonstrated that the truck movements will not encroach into opposite directions of roadway traffic nor impact the parking spaces shown. 4) A traffic signal shall be constructed at the main driveway entrance on Adams Avenue. This traffic signal shall include the installation of interconnect conduit and cable to the traffic signal controller cabinet at the intersection of Brookhurst Street and Adams Avenue. A traffic signal and maintenance easement shall be provided in the driveway area. The appropriate curb ramp and signing &striping modifications shall be made to accommodate the traffic signal installation. (PWIMM) 5) The applicant shall provide the legal description(s), plat(s), and supporting documents necessary for the City to quitclaim any abandoned portions of the existing water line easement dedicated to the City of Huntington Beach. (PW) 3. Prior to issuance of building permits, the following shall be completed: (G:PC\NOA\2006\CUP 03-35\6-month review) Page 2 of 5 ATTACHMENT NO. _.a.2-� a. An "Acceptance of Conditions"form shall be properly executed by the applicant and an authorized representative of the owner of the property, recorded with the County Recorder's Office, and returned to the Planning Department for inclusion in the entitlement file. Conditions of approval shall remain in effect in the recorded form in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. b. The public art element shall be approved by the reviewed by the Design Review Board and approved by the Planning Director. 4. The structure(s) cannot be occupied, the final building permit(s)cannot be approved, and utilities cannot be released for commencement of use and issuance of a Certificate of Occupancy until compliance with all conditions of approval specified herein are accomplished and verified by the Planning Department. 5. The use shall comply with the following: a. Target product delivery and trash pickup shall be permitted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday and 12:00 p.m. to 6:00 p.m. on Saturday. No deliveries shall occur on Sunday. Delivery hours for vendor trucks shall be permitted between the hours of 8:00 a.m. and 12 p.m. Monday through Friday. All delivery vehicles, including Target product delivery trucks and outside vendors trucks that cannot be accommodated with a typical 9 foot wide by 19 foot deep parking stall shall utilize the enclosed delivery bays for all loading and unloading activities. All other delivery vehicles that are no larger than a typical parking stall size may utilize the parking lot and access the store through the main entrance. Deliveries of any kind shall be prohibited behind the subject building, other than the designated loading and unloading bays. b. Delivery trucks shall not leave engines idling while delivering merchandise to the Target store. Trucks shall turn-off engines once they reach the loading dock. (MM) c. There shall be no loudspeakers or other amplified devices within the garden center, at any time. (MM) d. Rubber noise seals shall be provided around the opening to the building at the location of the loading dock. (MM) e. The trash compactor shall not be operated before 8:00 AM and after 7:00 PM. (MM) f. All doors along the southerly and westerly facades of the building shall remain closed at all times. (MM) g. The hours of operation for the Target store shall be from 7 a.m. to 12 a.m. The access gates to the rear of the building shall remain closed from 10:00 p.m. to 7:00 a.m. h. Parking lot lights shall be automatically dimmed to minimal security level lighting one hour after dosing. i. The Target Department Store shall be designated as a single user with a maximum of 10 percent of the gross building floor area devoted to an ancillary retail/restaurant tenant. (G:PC\NOA\2006\CUP 03-35\6-month review) Page 3 of 5 ATTACHMENT o. j. Any re-use of the site or request for future demising walls to allow for a new use within the subject building shall require approval of a conditional use permit by the Planning Commission. k. All outdoor display of seasonal, holiday, special events, and temporary outdoor sales events within the parking lot, on sidewalks, or any other portion of the project site shall be subject to the Huntington Beach Zoning and Subdivision Ordinance Code. At no time shall a Temporary Use Permit be granted for the area between the subject building and the southerly or westerly property lines. 1. There shall be no outside storage of storage containers or bins, vehicles,vehicle parts, equipment, or trailers. There shall be no outside storage of palettes or other product at any time without the required permits. m. There shall be no loitering by patrons or employees within the parking areas located at the rear of the subject building. Signs shall be posted to indicate that no loitering in all parking areas located behind the subject building. Store managers shall be responsible for regulating all activity occurring at the rear of the subject building at all times. n. A store liaison shall be permanently established and available to assist neighbors and residents with issues regarding the site during construction and after completion of the project when the development is open for business. A sign identifying the store contact and telephone number shall be permanently posted on-site. o. All Mitigation Measures of Mitigated Negative Declaration No. 03-02 shall be adhered to. 6. Within 30 days of Planning Commission action on the six-month review, the following signs shall be installed (AMENDED 4125/06): a. A sign(s) prohibiting truck idling, identifying the permitted hours for loading and delivery, and providing a store contact shall be placed in a conspicuous location adjacent to the loading dock. The sign shall be sized appropriately in order that it can be clearly viewed by truck drivers entering the loading dock area. The sign(s), the text, and location shall be submitted to the Planning Department for review and approval prior to installation. (AMENDED 4/25/06) b. A sign shall be installed at the southeasterly portion of the building that indicates"No thru traffic"and "No deliveries permitted". The sign shall be placed in a conspicuous location with the text and location subject to the review of the Planning Department prior to installation. (AMENDED 4/25/06) 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. ` (G:PCW `OA\2006\CUP 03-35\6-month review) Page 4 of 5 C , , 8. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. (G:PC\NOA\2006\CUP 03-35\6-month review) Page 5 of 5 � v, - , � � »z «. � _��«���\�: . . ._ �������\�» , � . : � «<< . .yam » : , « a �»���������\ «:�. �» ® . . . . .. . . , . , ° © �v . - -��= �;: y � m: � y.����x:w§ � : � : . �� d����� ..w.��«« . = y . . ���.�®<w . ° . w � < � :: � a«»<�S\ A 4 F:jM City o ffurifimgtan Beach P�anngleprart�aent TO: Planning Commission FROM: Howard Zelefsky,Director-of Pl BY: Paul Da Veiga, Associate PI er —,n:> DATE: April 25,2006, J ' SUBJECT; SIX-MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 03-35 (TARGET- LOADING AND DELIVERY OPERATIONS) APPLICANT: John Warren,Pacific Land Services,2151 Salvio St. Ste.250,Concord,CA 94520 PROPERTY OWNER: Target Corporation, 1000 Ncollet Mall,I14inneapolis,MN 55403 LOCATION: 9882 Adams Avenue(southwest corner of Brookhurst Street and Adams Avenue) STATEMENT OF ISSUE: {- This item represents a six-month review of Conditional Use Permit(CUP)No. 03-35, which permitted the demolition and rebuild of the new Target store. Subsequent to the CUP approval, the applicant submitted a request for an Entitlement Plan Amendment (EPA No. 05-01)to permit weekend truck deliveries to the site. The Planning Commission approved EPA No. 05-01 on September 27, 2005, and required a six- month review with a fully noticed public hearing. RECOMMENDATION: Motion to: "Receive and file as adequate the six-month review of Conditional Use Permit No. 03-35 with amended conditions of approval." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as:. A. "Receive and fide as adequate the six-month review of Conditional Use Permit No. 03-35 and schedule another six-month review with a noticed public hearing." B. "Continue the six-month review of Conditional Use Permit No. 03-35 and direct staff accordingly." C. "Direct staff to schedule a revocation hearing of Conditional Use Permit No. 03-35." AN PC Staff Report -04/251bb "'( srl I e x-monmrev,�w� BACKGROUND: \ Conditional Use Permit No. 03-35 to allow demolition and rebuild of the Target store was approved on April 14, 2004, by the Zoning Administrator. The applicant's original request included weekend truck deliveries between the hours of 8 a.m. and 8 p.m, seven days a week. The Zoning Administrator's approval included a condition to restrict delivery hours to allow Monday through Friday deliveries between the hours of 7 a.m. and 7 p.m. with no weekend deliveries_ The Zoning_Administrator's action was appealed on April 22, 2003. The Planning Commission approved Conditional Use Permit No. 03-35 on May 25, 2004,with findings and modified conditions of approval, upholding the Zoning Administrator's approval of the project. The modified conditions of approval included limiting the hours of operation for the store from 7 a.m. to 12 midnight and limiting the hours in which the rear access gates are to remain open between the hours of 7 a.m. and 10 p.m. The Planning Commission's decision was appealed to the City Council. The City Council held a public hearing on July 19, 2004 and approved Conditional Use Permit No. 03-35, as modified by the Planning Commission, with no modifications to delivery hours. Subsequent to the CUP approval, the applicant submitted a request for an Entitlement Plan Amendment (EPA No. 05-01) to permit weekend truck deliveries to the site between the hours of 12 p.m. to 6 p.m. on Saturday with no deliveries permitted on Sunday. The Planning Commission approved EPA No. 05-01 on September 27, 2005, and required a six- month review as a condition of approval. Ji PUBLIC NOTIFICATION' Legal notice was published in the Huntington Beach/Fountain Valley Independent on April 13, 2006 and notices were sent to tenants and property owners of record within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Planning Department's Notification Matrix), applicant, and interested parties. As of April 18, 2006, no communication supporting or opposing the request has been received. ANALYSIS: The purpose of the review is to verify compliance with the conditions of approval and assess any potential impacts-to adjacent properties resulting from loading and delivery operations. The review considered code enforcement complaints and included on-site inspections and monitoring by Planning and Code Enforcement staff. A number of complaints have been received relating to the truck deliveries occurring outside of approved delivery hours, excessive truck idling, and outside storage of delivery merchandise (See Attachment No. 5). Staff has been in constant communication with store management regarding these complaints. The most recent Code Enforcement action on the subject site was a citation issued on March 7, 2006 for outside storage of store merchandise. As a result of this citation, the property was brought into conformance with the conditions of approval. The item was introduced at the April 11, 2006 Planning Commission Study Session. The Commission had several questions regarding complaints received by adjacent residents and resulting code enforcement actions taken. Staff provided the Commission with a breakdown of these incidents and discussion ensued PC Staff Report -04/25/06 2 (06sr11 CUP 03-35-six month review) ,t regarding truck idling and potential conditions of approval that would address the issue. In order to address neighbor concerns, staff is recommending a condition of approval (Attachment No. IA/Condition No.7) that would require signage to be placed adjacent to the loading dock prohibiting truck idling, identifying permitted hours for loading and deliveries, and providing a store contact phone number for reporting violations to store management. There is an existing sign with store contact information located at the main entrance of the building. This condition is intended to inform all truck drivers of the restrictions on truck idling and delivery hours to ensure compliance with the conditions of approval. The Target store has been operational since October of 2005. Store management has identified some challenges in the initial establishment of the store around the holiday season based on the large amount of deliveries necessary to stock the new store. These challenges also included informing all new employees and drivers of the limitations regarding loading and deliveries in the conditions of approval_ Although there have been violations noted by staff store management has been responsive in addressing complaints made during their first six months of operation and continue to work with City staff on compliance with the conditions of approval. Based on the recommended condition of approval and compliance with the CUP requirements, staff recommends that the six-month review be received and filed as adequate with the amended conditions of approval. ATTACHMIENTS: l. Revised Conditions of Approval—CUP No. 03-35 2. Planning Commission Staff Report—EPA No. 05-01 dated September 27, 2005 3. Planning Commission Minutes dated September 27,2005 4. City Clerk Notice of Action dated July 29,2004—CUP No. 03-35 5. History of Neighbor Complaints and Code Enforcement Actions- September 27, 2005 to Present SH:HF:PD:cs ATTACHMEff . PC StafReport -04/25/06 3 (06sr11 CUP 03-35-sire month review) 0 ATTACHMENT NO. 'I } REVISED CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 03-35 CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 03-35: 1. The site plan,floor plans and elevations received and dated March 18, 2004 shall be the conceptually approved layout with the following modifications: a. The loading dock enclosure shall be constructed with sound absorbing material designed to minimize noise impacts associated with loading and unloading activities. Truck loading and maneuvering shall be designed to provide the greatest separation possible from the adjacent residential properties. The architecture-colors and materials of the enclosure shall be consistent with the overall building architecture. b. The architecture colors and materials of the garden center shall be consistent with the overall building architecture. c. The design, colors, and materials for the subject building shall be reviewed by the Design Review Board (DRB)following approval by the Planning Commission. 1) Elevations shall be revised to incorporate multiple roof planes and/or a variety of roof -- slopes to reduce the overall mass and bulk of the building and comply with the Urban Design Guidelines. 2) The overall architectural theme shall reflect a contemporary architectural design consistent with the design concept identified on elevation dated April 14, 2004. Several massing elements, in various volumes, shall be incorporated into the design. Varied use of earth tone colors and quality exterior materials such as stone veneer, split face block, or other similar material shall be incorporated to accent prominent portions of the building fagades. 3) The design of the garden center shall incorporate an enhanced entry design which shall have the appearance of a secondary storefront. The design of the garden center shall include similar architectural design as the overall building. 4) A public art element shall be integrated and be in a location that is visible to the public within the project site. Public art shall incorporate the following: i) Artistic excellence and innovation n) Appropriate to the design of the project iii) Indicative of the community's cultural identity (ecology, history, society) The Design Review Board's recommended public art element shall be reviewed and approved by the Planning Director, prior to issuance of a building permit for the project. The public art shall be in place at the subject site prior to final building inspection. (CUP No_03-35) -ATTACH . sy A; , d. The cart corrals shall be constructed with a durable material such as concrete block_ The design of the cart corrals shall be consistent with Sheet 6 of the conceptual plans dated March 18, 2004. The colors and materials used on the cart corrals shall be consistent with the subject building. e. All non-conforming signs shall be eliminated from the subject site, including the one pylon sign along the Adams Avenue frontage and a second pylon sign along the Brookhurst Street frontage. A planned sign program for all signage on the subject property and outlying commercial pads shall be submitted to the Planning Department. Said program shall be approved prior to the first sign permit request. f. Prior to submittal for building permits.The applicant shalt submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval, and inclusion in the entitlement file to the Planning Department and submit 8.5 inch by 10 inch colored elevations, materials board, and renderings to the Planning Department for inclusion in the entitlement file. g. All parking that is proposed behind the store,within the access gates, shall be designated as employee-only parking- h. A minimum of two speed bumps shall be provided behind the building, subject to review and approval by the Fire Department. i. All perimeter trees located directly adjacent to residential properties shall be of a species that is non-deciduous and results in minimal impacts in maintenance and upkeep to adjacent properties. 2. Prior to issuance of a grading permit,the following shall be completed: a. The site plan received and dated April 14, 2003 shall be the approved layout except for the following: (PW) 1) The driveway on the south side of the property along Brookhurst Street shall be widened to a minimum of 36-feet in width, to allow for two egress lanes. 2) A minimum 10-foot sight triangle must be provided at all points on the site, including the building comers. Areas of concern include the northwest corner(at the loading dock) and northeast corner of the building. The sidewalk must also be extended a minimum of four feet west of the building comer. 3) A truck-tracking exhibit, utilizing a WB-50 design vehicle, must be provided to demonstrate that delivery trucks can be accommodated. This truck tracking exhibit must illustrate a truck entering the site, accessing the loading docks and egressing the site. It must be demonstrated that the truck movements will not encroach into opposite directions of roadway traffic nor impact the parking spaces shown. 4) A traffic signal shall be constructed at the main driveway entrance on Adams Avenue. This traffic signal shall include the installation of interconnect conduit and cable to the traffic signal controller cabinet at the intersection of Brookhurst Street and Adams Avenue_ A traffic signal and maintenance easement shall be provided in the driveway area. The appropriate curb ramp and signing &striping modifications shall be made to accommodate the traffic signal installation. (PW/MM) e (CUP No.03-35) 1 2 5) The applicant shall provide the legal description(s), plat(s), and supporting documents necessary for the City to quitclaim any abandoned portions of the existing water line easement dedicated to the City of Huntington Beach. (PW) 3_ Prior to issuance of building permits,the following shall be completed: a. An Acceptance of Conditions"form shall be properly executed by the applicant and an authorized representative of the owner of the property, recorded with the County Recorder's Office,and returned to the Planning Department for inclusion in the entitlement file. Conditions of approval shall remain in effect in the recorded form in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. b. The public art element shall be approved by the reviewed by the Design Review Board and approved by the Planning Director. 4. The structure(s) cannot be occupied,the final building permit(s) cannot be approved, and utilities cannot be released for commencement of use and issuance of a Certificate of Occupancy until compliance with all conditions of approval specified herein are accomplished and verged by the Planning Department. 5. The use shall comply with the following: a. Target product delivery and trash pickup shall be permitted-between the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday and 12:00 p.m. to 6:00 p.m. on Saturday. No deliveries shall occur on Sunday. Delivery hours for vendor trucks shall be permitted between the hours of 8:00 a.m. and 12 p.m. Monday through Friday. All delivery vehicles, including Target product delivery trucks and outside vendors trucks that cannot be accommodated with a typical 9 foot wide by 19 foot deep parking stall shalt utilize the enclosed delivery bays for all loading and unloading activities. All other delivery vehicles that are no larger than a typical parking stall size may utilize the parking lot and access the store through the main entrance. Deliveries of any kind shall be prohibited behind the subject building, other than the designated loading and unloading bays. b. Delivery trucks shall not leave engines idling while delivering merchandise to the Target store. Trucks shall turn-off engines once they reach the loading dock. (MM) c. There shall be no loudspeakers or other amplified devices within the garden center, at any time. (MM) d. Rubber noise seals shall be provided around the opening to the building at the location of the loading dock. (MM) e. The trash compactor shall not be operated before 8:00 AM and after 7:00 PM. (MM) f. All doors along the southerly and westerly facades of the building shall remain closed at all times. (MM) g. The hours of operation for the Target store shalt be from 7 a.m. to 12 a.m. The access gates to the rear of the building shall remain closed from 10:00 p.m. to 7:00 a.m. (CUP No.03-35) ATTACHMENT NO. 1 , \ h. Parking Jot lights shall be automatically'dimmed to minimal security level lighting one hour after closing. i. The Target Department Store shall be designated as a single user with a maximum of 10 percent of the gross building floor area devoted to an ancillary retail/restaurant tenant. j. Any reuse of the site or request for future demising walls to allow for a new use within the subject building shall require approval of a conditional use permit by the Planning Commission. k. All outdoor display of seasonal, holiday, special events, and temporary outdoor sales events within the parking lot, on sidewalks, or any other portion of the project site shall be subject to the Huntington Beach Zoning and Subdivision Ordinance Code. At no time shall a Temporary Use Permit be granted for the area between the subject building and the southerly or westerly property lines. 1_ There shall be no outside storage of storage containers or bins, vehicles, vehicle parts, equipment, or trailers. There shall be no outside storage of palettes or other product at any time without the required permits. m. There shall be no loitering by patrons or employees within the parking areas located at the rear of the subject building. Signs shall be posted to indicate that no loitering in all parking areas located behind the subject building. Store managers shall be responsible for regulating all activity occurring at the rear of the subject building at all times. n. A store liaison shall be permanently established and available to assist neighbors and residents with issues regarding the site during construction and after completion of the project when the development is open.for business. A sign identifying the store contact and telephone number shall be permanently posted on-site. o. All Mitigation Measures of Mitigated Negative Declaration No. 03-02 shall be adhered to. 6. A review of the hours of deliveries and all loading and unloading activities shall be conducted by the Planning Commission within six months following the issuance of a certificate of occupancy. The review shall include a public hearing with notification to all property owners and tenants within a 500-foot radius of the subject site. The six-month review of the hours of delivery and loading and unloading activities will involve Planning, Code Enforcement, Police, and neighbor complaints in order to determine compliance with the conditions of approval, mitigation measures, and applicable Chapters of the Huntington Beach Zoning and Subdivision Ordinance and Municipal Code pertaining to noise and truck deliveries. Any violations of the mitigation measures, conditions of approval, or applicable chapters of the HBZSO and HBMC may require a duty noticed revocation hearing of the Planning Commission. 7. Within 30 days of Planning Commission action on the six-month review, a signs) prohibiting truck idling, identifying the permitted hours for loading and delivery, and providing a store contact shall be placed in a conspicuous location adjacent to the loading dock. The sign shall be sized appropriately in order that it can be clearly viewed by truck drivers entering the loading dock area. The sign(s), the text, and location shall be submitted to the Planning Department for review and approval prior to installation. (CUP No.03-35) _ 8. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan,elevations and floor ? plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision_ Ordinance. 7. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. (CUP No.03-35) ATTACH . i M KACHzyi y_. -mow `'1Y + 2�•"�si 'yY.f^ins. iTr�s: TO: Planning Commission FROM: - Howard Zelefsky,Director of Planning BY: Paul Da Veiga,Associate Plann� DATE: September 27,2005 SUBJECT: ENTITLEMENT PLAN AMENDMENT NO. 05-01 (Appeal - Target Truck Deliveries) APPLICANT: John Warren,-Pacific Land Services,2151 Salvio St_Ste.250,Concord,CA 94520 APPELLANT: Planning Commissioner Robert Dingwall - PROPERTY OWNER: Target Corporation, 1000 Nicollet Malt,Minneapolis,MN 55403 LOCATION: 9882.Adams Avenue(southwest corner of Brookhurst Street and Adams Avenue) STATEMENT OF ISSUE- • Entitlement Plan Amendment No.05-01 request: - To amend Condition of Approval No. 5.a of Conditional Use Permit No.03-35 by allowing truck deliveries between the hours of 8 a.m.and 7 p.m.on Saturday and Sunday. • Staffs Recommendation: Approve Entitlement Plan Amendment No.05-01,based upon the following: - The request for weekend delivery hours of 7 a.m.to 8 p.m.is consistent with the existing commercial use of the site and can be integrated and be sensitive to the surrounding land uses based on adequate site layout,design amenities,and conditions of approval. - The approved Target store along with weekend delivery hours will not be detrimental to the general health,welfare and safety to persons working or living in the area,nor detrimental to the value of the property or improvements in the area. - The approved Target store along with weekend deliveries can mitigate the potential impacts to the surrounding area to the greatest extent possible.. - The weekend delivery hours will increase_the economic viability of the business thereby increasing the potential for taxable sales and providing additional funds to the City- - Weekend delivery hours for Target will be comparable to the three other approved"big box" stores located in the City. - A six-month review of the loading operation will ensure that the delivery operation will not be detrimental-to the surrounding neighborhood. NONE\� logo doom 11/wa"� E DID ��"ELF .,, VICYMTYMA M r - - 1 t Entitlement Plan Amendment No.0541 i 9882 8Adams Avenue i CfIrY 1F 1H]TWINGTON BEACH ;. r RECOMMENDATION: Motion to: A. "Approve Entitlement Plan Amendment No.05-01 with suggested findings and suggested conditions of approval(Attachment No. 1)."(Applicant's Request) ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A_ "Approve Entitlement Plan Amendment No.05-01 with findings and suggested conditions of approval (Attachment No 2)."(Zoning Administrator Action) B. "Deny Entitlement Plan Amendment No.05-01 with findings for denial." C. "Continue Entitlement Plan Amendment No.05-01 and direct staff accordingly." PROJECT PROPOSAL: Entitlement Plan Amendment No. 05-01 represents a request to amend Condition of Approval No. 5.a.of Conditional Use Permit No. 03-35 by allowing truck deliveries between the hours of 8 a.m. and 7 pm-on / Saturday and Sunday. t Condition of Approval No. 5.a currently prohibits Saturday and Sunday deliveries and allows only _weekday truck deliveries between the hours of 7 a.m. and 7 p.m. (Attachment No. 3)_ The applicant identifies the following reasons in their request for weekend deliveries: o To ensure that the store maintains the required and advertised product on the sales floor to support customer demands and expectations_ u The restriction on weekend deliveries prevents the store from maintaining a sufficient level of product on Saturday through Monday. o The restriction is a hardship and no other Target Department stores in the chain are prohibited from weekend deliveries. Background: Conditional Use Permit No.03-35 to allow demolition and rebuild of the Target store was approved on- Aprii 14,2004,by the Zoning Administrator. -The applicant's original request included weekend truck deliveries between the hours of 8 a.m.and 8 pm.seven days a week. The Zoning Administrator's approval included a condition to restrict delivery hours to allow Monday through Friday between the hours of 7 am.and 7 p.m.with no weekend deliveries. The condition of approval was based on potential noise from loading operations_ The Zoning Administrator's action was appealed by Charles Ball, representing Business Properties Development Company on April 22,2003. The appeal was filed on the basis that a traffic signal should be installed at the southerly-most driveway along the Brookhurst Street _frontage. PC Staff Report—V25f04 -3- (04sr18 CUP 03-35 Appeal} . . The Planning Commission approved Conditional Use Permit No. 03-35 on May 25, 2004,with findings and modified conditions of approval(without the signal),upholding the Zoning Administrator's approval if of the project. The modified conditions of approval included limiting the hours of operation for the store from 7 am. to 12 midnight and limiting the hours in which the rear access gates are to remain open between the hours of 7 am.and 10 p.m. Mr. Charles Ball appealed the Planning Commission's-decision to the City Council. The City Council held a public hearing on July 10, 2004-and approved Conditional Use Permit No. 03-35, as modified by the Planning Commission,with no modifications to delivery hours_ Zoning Administrator Action The entitlement plan amendment to amend Condition of Approval No.5.a was considered by the Zoning Administrator at a public hearing held on August 3,2005. Testimony in support of the request was received from the applicant and property owner representative. Eleven residents from the adjacent residential neighborhood identified concerns regarding the potential noise impacts and opposed the proposed amendment to increase delivery hours. The owner of an adjacent commercial building to the north of the Target store commented on the difficulty experienced by patrons accessing his site during the on-going construction activity(Attachment No_4). Staff recommended approval of the applicant's request on the basis that the store needs to be economically viable and that design features had been incorporated into the loading areas of the building in order to mitigate potential noise impacts. These features include the location and design of the _ enclosed loading dock,which.will be enclosed on three sides and treated with soundproofing material. Staff also identified conditions of approval prohibiting truck access to the rear of the building,restrictions on truck idling,and a condition requiring a six-month review as the basis for their recommendation. The Zoning Administrator approved the entitlement plan amendment with the following revision to Condition of Approval No.5.a: u Target truck deliveries are allowed between the hours of 10 am.and 6 pm-on Saturday with no Sunday deliveries. Q Vendor truck deliveries are limited to between the hours of 8 a.m.-and 12 noon,Monday through Friday. v A six-month review of the operation will be conducted by Planning staff to verify compliance with the conditions of approval Appeal The Zoning Administrator's approval of the entitlement plan amendment was appealed by Planning Commissioner Robert Dingwall on August 15,2005(Attachment No. 5). The appeal was filed on the basis that the approval does not adequately satisfy the following policies identified in the General Plan: Policy LI710.1.5: Require.that buildings,parking;and vehicular access be sited and designed to prevent adverse impacts on adjacent residential neighborhoods. PC Staff Report—5/25/04 4- (04srl8 CUP 03-35 Appeal) ATTACHMEW 140. Policy LU 10.1.5' Require that commercial projects abutting residential properties adequately protect the residential use from excessive or incompatible impacts of noise,light,vehicular traffic,visual character, and operational hazards. ISSUES: Subieet Property And Surrounding Land Use,Zoninn And General Plan Designations: • c _ Subject Property CG Fi (Commercial. CG-Fl (Commercial Target Dept. General-.35 Floor Area. General) Store Ratio North of Subject CG-FI (Commercial CG-Fl (Commercial Mervyn's Property(across Adams General-35 Floor Area General) Shopping Ave.) Ratio Center South of Subject RL-7(Residential Low RL(Residential Low Single-Family Pro Density—7 units per acre) Density) Residential East of Subject Property CG-FI-(Commercial CG-Fl (Commercial Stater Bros. General-.35 Floor Area General) Shopping Ratio) Center West of Subject Property RL-7(R-esidential Low RL(Residential.Low Single-Family Density-7 units per acre) Density) Residential General Plan Conformance: The General Plan Land Use Map designation on the subject property is CG-FI (Commercial General-0.35 FAR). The entitlement plan amendment is consistent with this designation and the goals and objectives of the City's General Plan as follows: A. Lund Use Element Goal LU 1: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. Poii y LU 10. 1.5: Require that buildings,parking,and vehicular access be sited and designed to prevent adverse impacts on adjacent residential neighborhoods. Policy LU 10.1.6. Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise,light,vehicular traffic,visual character,and operational hazards. The proposed weekend deliveries will ensure the overall economic viability of the development,and will support the needs and reflect market demand of City residents and visitors. In addition,the project will help the City to achieve its goal of enhancing the community image of Huntington Beach through the design and construction of a high-quality,state-of-the-art development;impacts to the surrounding area are mitigated to the greatest extent possible,while still allowing for the market- driven commercial development. PC Staff Report—S/25104 -5-- (04srl8 CUP 03 35 Appeal) . t� Zoning Compliance: The proposed project complies with all applicable development standards of the CG-(Commercial General)zoning designation_ Urban Design Guidelines Conformance: The Target development was analyzed for conformance with the Urban Design Guidelines under Conditional Use Permit No.03-35. The Urban Design Guidelines recommend specific design criteria for big box retail. The approved building complies with the Design Guidelines. Environmental Status: The project's potential environmental impacts were analyzed under Mitigated Negative Declaration No. 03-02_ Mitigated Negative Declaration No.03-02 was approved by the Zoning Administrator on March 31,2004. No appeals were filed. Coastal Status: Not Applicable Redevelopment Status: Not Applicable Design Review Board: The project was submitted to the Design Review Board(DRB)on January 15,2004. The Board expressed concerns regarding the architecture and compliance with the Urban Design Guidelines and recommended that the project be brought back before the Design Review Board following project approval. On September 9,2004,the Design Review Board reviewed the revised plans for the Target Store as approved by the City Council on July 19,2004. The design colors and materials for the development were approved based on their overall compliance with the Urban Design Guidelines Subdivision Committee: Not Applicable Other Departments Concerns and Requirements. Not Applicable Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on September 15,2005, and notices were sent to property owners of record and tenants within a 500 fL radius of the subject property,individualstorganizations requesting notification(Planning Department's Notification Matrix), applicant,and interested parties_ As of September 22,2004,no additional items of communication have been received by staff_ PC Staff Report—5/25/04 -6- (04srl 8 CUP 033�-35 Appeal) ATTACHMENW NO. flpplication Processing Dates: DATE OF COMPLETE APPLICATION: - MANDATORY PROCESSING DATE(S): Entitlement Plan Amendment: July 11,2005 September 11,2005 The project was heard by the Zoning Administrator on August 3,2005,which complies with the State of California Planning,Zoning,and Development Laws relative to mandatory processing times. ANALYSIS: The approved entitlement(Conditional Use Permit No.03-35)has a condition of approval that restricts all deliveries to the site,including trash pickup,between the hours of 7 am. and 7 pm.Monday through Friday. The requested entitlement plan amendment would allow Target truck deliveries on Saturday and Sunday between the hours of 8 a.m.and 7 p.m. Staff has considered the design of the project,conditions of approval,delivery hours for other"big box"stores,and operational requirements for Target as the basis for recommending approval of the requested amendment. Staff has attached the original staff report with the environmental analysis for your information and reference(Attachment No-7)- Truck deliveries to the Target Department store will occur via an enclosed loading dock located along the northerly frontage of the building(Adams Ave.),approximately 60 feet from adjacent residential development to the west_ The loading dock is enclosed on three sides,and will incorporate sound absorbing material into its design_ Based on the design features such as separation between the site and -adjacent properties,location of the loading dock,existing buffers,and recommended conditions of approval,residential properties are adequately protected from potential adverse noise impacts. To ensure that continued compliance occurs,staff recommends a six-month review of the delivery operations. The review will be conducted by Code Enforcement and-the Police Department.to determine compliance with the conditions of approval and mitigation measures pertaining to truck deliveries. The applicant identifies several reasons for their request for weekend deliveries. The.timing of product deliveries is crucial to ensure that the store maintains the required and advertised product on the sales floor to support customer demands and expectations. The restriction on weekend deliveries prevents the store from maintaining a sufficient level of product on Saturday through Monday,especially during sale events. In addition,the lack of weekend deliveries will place restrictions on Target that will affect the store's day-to-day operations and be the first Target Store to have such a restriction. The Target store anticipates that it can provide weekend deliveries,while mitigating potential impacts to the surrounding area to the greatest extent possible,thereby allowing for a market-driven and economically viable commercial project_ PC Staff Report—5/25M -7- (04srl8 CUP 03-35 Appeal) ATTACHNI - T . 2.1`2 In the last ten-phis years,the City has approved three new"big box"retail stores. The approved delivery hours permitted for each of these stores are as follows: o Home Depat (Goldenwest St_and Warner Ave.) Monday-Saturday 7 a.m.to 10 p.m. Sunday 8 am.to 8 p.m. o Lowe's Home Iunpproverrient(Warner Ave.,east of Beach Blvd.) Monday-Saturday 7 am.to 8 p.m. Sunday 8 a.m. to 4 pm. o Walmart-(Talbert Ave.,east of Beach Blvd.) Seven Days a Week 7 am. to 10 p.m. Staff also analyzed the three nearest Target stores and their respective delivery hours. The stores are located in Westminster,Costa Mesa,and Garden Grove. Each of these stores is located adjacent to residential properties. The approved delivery hours.are as follows: o Westminster Target (16400 Beach Blvd.) Seven Days a Week 7 am.to 10 p.m. n Costa Mesa Target-(3030 Harbor Blvd.) Monday-Saturday 7 a.m.to 6 p.m. Sunday 9 am. to 4 p.m. o Garden Grove Target(13831 Brookhurst St.) No Restrictions on deliveries Prior to approval of Conditional Use Permit No.03-35 for the new Target store,there were no limitations on operations and delivery hours for Target. Staff recommends approval of the request for weekend deliveries based on the design features incorporated into the buildmg and conditions of approval that mitigate potential noise impacts. ATTACHMENTS: 1. Suggested Findings and Conditions of Approval_EPA No.05-01 2. Zoning Administrator Approved Findings and Conditions of Approval—EPA No.05-01 3. City Council Approved Findings and Conditions of Approval—CUP No 03-35 4. Zoning Administrator Minutes dated August 3,2005 5. Project Narrative dated March 29,2005 6. Appeal Memo dated August 15,2005 7. Request for Council Action Staff Report dated July 19,2004 8. Letters and Petition in Opposition SHIWYDxl PC Staff Report—5M/04 -8- (04srl8-CUP 03-35 Appeal) i w- j NO. 2. b B. PUBLIC HEARING ITEMS ON TEXT AMENDMENT N0.05-01 RELIGION BL-YNow - WITH-RLUIPA nr�n�= orT Beach R To amend Chapt6rs-204r16;:2 Q= {mod _4)6 of the = :.t1c )in Zoturul and Sub&ision: -order to comply with the _ =- =-Religioeis and (F LUIRA)---,Location: = P. r:- Jason SUE.P.RECOMMEN - =wing eToxtiArerldmer Na. 05-01 to a,.2005 - io rieeting:w t:fho puow hearing 01) _Herb Fauland stated tip_at a is< , :#ct the:Qctober-91,2005, mew g-in order.to. ._ ._ ;Pam._�c.-_ of the _ . - AjMOTiON WAS BY LIVENGQO!D SECON - _ T' -CONTINUE >_ HE ITEM TO: E)CT_RE_G.ULAR AAEETI R1.10 Z0A5.BY THE fOLLOW AYES: 'Dwyer,Scandur,-Dm' all,RaY ngood�x Horgan NO None None _ T/11N: None MOTION APPROVED 8=2 APEEAL OF ENTITLEMENTPLAN=AMENDMENT NO.05-01.UaIGET.= TRUCK DELIVERY HOURS): Appiicarrt»Pacific Lwd.ServioesVotg_-Warren) Appellant Planning Commissioner Robert Oingwal Reg To amend = Condition of Apprbvat No.5a:_of:CondW*ttat,tlse:Pemvt :03-35 mat pirohi�ts defivenes on weekends to the newly constructed Target Department Store_ The proposed'amenckner as=#o allow trUck deUveries.be#vireW#*hours"of:8:-a:m. and 7 p.m_on Saturday and Sunday. Location: 9882 Adams Avenue - = :{sou"est b6rrW&'Brookhurst SU_dW fda1ft AW.-):1 =Paul DaVelga . = •_-- =3"FIIF�RECOMII�NpA'f'i©N:°=:Mofioo=fo=��"/t�iroveECet�t'f'lai�==;''.'`�' Amendntfil+�:; 1 +v�h�sugge�sted Wings' 'eoriiiitrans=of�ipptotrai.' - Pawl`Oa Veiga;.Assoolate Plate ;prsen#ed°an=oiFerr�einr iif ttieff #orfthe subject entitlement plan arrieiidftie :`lwr2i` eio ai` a#ed= 'tiie"2-aduiy�diriiaistrator approved the item on August 3,2005 with WWted weekend delimy,hours_ nci�e#'lam,°-irepauted-#iat a-fate v'bnirAo�virier on September 23,.2005.from Rout andbam CopeWh—d= `#lie Ow-ir Wonees appeal of the proposed Project-. PC Mutes-45pcmo927 7- ATTACHMENT , _1_7 The Commission made the following disclosures: • Commissioner Dwyer spoke with the applicant on the telephone and viss fait the o- Commissioner Scandura:visited the subject site; drove through°the.neighboring - - trac -and spoke with staff and the Applicant _ - -Comma�ll was pcesent�last year when the.Planning Commission voted on the Target demolition.and-rebuitd appeal;waked the subjed site and similar businesses to make-Comparisons had no CO tact with the:pdndples or the applicant. Comnissainer` wo e when hePan�gt_ yar Ccirriinissiori=Vcted-bn the Target demoliitlon grid rebuild-appeal=spoke with the applicant on the telephone,visited the subject site on several occasions,and visited the WaMAart and Lowes stores to make comparison. • = Corinmiss net deft spoke with the"applicit t'on the teleowne,visited-the job site,witnessed trucks at=ttie loading-dock,and visited-other similar"sMs.= •_ Gommiss"wne�Homan visited the site as welt as Wal-Malt, Lowesa_nd Home De Chair F aywsited the sabred;site;drove through ttie neighborrig Ct,=:wisited similar sites,was unsuccessful in attempts to return a telephone all-trorn appriicant,.arid was also present last year when the Planning_Commission voted 'on>tl a--T deiriof afid retivild appeal: THE PUBLIC HEARING WAS OPENED: Cheryl Keegan, neighboring property owner,voiced complaints related to noise, and urged the Comsion not to grant additional days: Commission t►Ilemlee Madrigal, rieict g: open ;r_vigeci:#k�e Comtnissioraers_to uphold the original.appeal decision: . Doug:.Brown;_neighbo ft Vdperty:owner,voiced..opposition to the subject project RoberMerr.neighboring property owner,vowed opposition to additional delivery hours. Zz - Robrt: opedrteighpQrn9-RPertyer:voiced:oppQsition_tQ tMe Target loading dock located near residential uses. Philip l.atsdian,-neighboring:pro y�zwner yo cz ontcrac twt�ai delivery hoursbecause of-noise;frortt;tnadc�backing up-a�add'r�iial-��_.-.,�. Tim--Geddes ,neighboring.property.p rner xoic -opposition to:#te tocajion:_of tt e loading do lcs stating that<their qupl'ityY-qf W.its at issue.: Francis Araaga, neighboring property owner,voiced opposition to the action taken by ttte:Zonirq Admintstral3or.itllr�Arciaga preseynted a:.tettefrorn Tern irboltaixl_ torte #ram t?avtd Bowman opPas�r additional- 'nrery hours. Susan Kelley,neighboring property owner, stated that she did not receive`notification of the subject appeal because her property is outside the notification radius by We houses. PC WmAes-05pcmM7 AT TACHMI ENT NO. . l Nis.-Kelley voiced opposition to additional delivery-hours. She questioned the size of the trees planted along-Adams/Avenue as opposed to the smaller trees near residential homes,which are barely visible- Franklin Chem,neighboring property owner,voiced oft- additional delivery hours and stated that his deck has a dined view into the loading dock : - Girard Manke,:neighborine property wrner,-.voided opposdion_to-,add0DgA delivery hours, stated that-staWSdirectionis_in-eg'or,stated#tat-prOpWW values will be impacted _:as wed as overau peace.and tran4uiPt Y .enjQyn>ent of theme home: John W men,..applicant,eXpk inecf#he.differenc between. "arget Exoduct_tnx c detnrery and vendor truck delivery and explained the i nporWce of de#vq� orb a daily basis. .:.-, t.Warren aclax Wledged.sensitivity to the.nee_ds b(M6. *;Proposed amending the weekend deliveries on Saturday and Si"yjfiom 12:04-p m.to 6.00 p-m. He spoke on:behatf,ofahe profit arld_urged the Commission-tq appcove=f foregoing sir�gested hours,.a1Ar:V1/an�erlst red that:durin-'the hearing for-Erltitiein Plan Amendment No.b5-01 they missed tt dAtld'r�`oried r hgcii for,delivery. WITH NO ONE ELSE�tES�Ni`TO SPEAK:THE PUBLIC"HEARING VITAS GLOSED. z_ iiir Sc�idura questorieit tuiriati�uiid.time` tdel�eries�orid a�;skei-if sfaff liar i�orWitiQried�tfie prxi�i :gf_fiv�ks-idtng�:�l :d� iry�_'asked what delivery hour'r+estrx rons are'f aced"ors ottiet grocery stoics_=: - =� Commission �t2iteti'that fireesideius agreed to`satuirday cli�reries-fiori 10 0o a.ni ti 6:00 P.m---at-the Zoning A"ir strator : Commissioner Horgan rtuestioned.rite aMcity for trucks Zt'*., . _ alto the r � .1QaC1tt1J-ttoCik.; f1@ v _that COA1 .StO SAVE T ila S week 11E:'C11Ier1PS.; but thenr`tocati tlo ire i :isidt :--the question hoiiiiiirviras °#or the livery r+estiii ions co c o_r�ed_at rile EPfI_hea g- = ppcan#�to ire aware of:thi#'de _ •' t -� -e: a .'_{ti _ < - i..- . ..._ i` .— s sit ....- r Commtss+Or r Be rriett°addressed"he askedif#here War-code 'te�l(If?emetlt`Pr01i" n&ft 'A*n YYh@rt trUC1C&ai'G t Cing UP - Commissioner.l..ivengood Compared the extended wall at the Raft's store located at Warr ierMiei riiie and`Boisa Chica to'`ft"v.Wat fl d'stiti _ = f ec imissior>er Uingwaft,:appellant;presented 0easoris#otlh6 appear;state"i =` bad(groond in the grocery stone business and suited°dj_,VWW*jt Wth the ap"piCant's reasons for the necessity to conduct weekend deliveries. Commissioner DkgwA gave 4 Pi>WW P&tt pneserMi6h-Wiitptias¢ingt#ie 16.6ati-mi ofba&V Milizdd Eli comtparable btmk.x sses wrath minNaml_adjacent neightx t properties. He urged a comprtnrse fioiri Target by erriirraEiilg am:-Satuidati dam: A MOTION WAS MADE BY DWYER,TO REVISE THE SATURDAY DELIVERY- HOURS FROM 10:00 AM.TO 12:00 P.M. -�. H � ,! Chaw Ray stated that too many side bar discussions:were taking-place among the commissioners during the course of ton_ ight's meeting. He called-for order and stated that the meeting shall be conducted in a non-hostile manner. -Commissioner discussions ensued concerning the following-. • -Duty of the Commission to apply codes and regulations_ • DeCtvery hours of ether`big box'retail stores that include weekend-deliveries and disoirnination to the applicant if denied weekend.deliveries- Limited weekend derwery witWa conditioned•six-rnorith-Planning Commission review. • -Aftematives-to accomm�ate the concerns of-the neighboring. rghboring residents:- - Conditions--as-previously recommended by staff aril agreed to by"applicant and approved: Inyeriftoy-control'and adequate:sfodar�of Shelves in anticipation-of deeds. • "The-immature trees along-the adjacentresidei"wad that was requested by a resident at a priorZorgrig Administrator meeting: - •. ._Height of-the welt and the pp m 19 raise the wall to eight feett per code. THE MOTION WAS RESTATED BY DWYER AND SECONDED BY BURNETT TO -APPROYE:ENTITLEMENT PLAN AMENDMENT:NO._�-01 BY"CHANGING_ .THE SATURDAY DELIVERY HOURS,FROM:10:00 A.M TOJ2. P.M.. Mcussion ensued r oncemirig:revisions to Condition of Approval No. 3..to_-irwjude- acn by"#lie Planing Comrrtissron for a s"ix-morrih review a tevocat�ori Tieatir�y„if warranted_ COMMISSIONdOWYER AMENDED HIS MOTION TO STATE:THAT THE PLANNING C�iCMISSION SHALL CON DUCT.A SIX-MONTH.RENIEW=CONCERNING TWO OURS OF DELIVERY TO INVOLVE-PLANNkNG;.CODE:ENFORG,EMENT, POLICE,AND NEIGHBOR COMPLAINTS,AND THAT A REVOCATION HEARING SHALL BE CONDl1CTED BY THE PLANNING COMMISSION SHOULD ANY-- YI01 IONS.00-CUR,.CONCERNING THE IYItTIGA,ION NiEASUi�.ES,CQNDtt1ONS OR ZONING CODES. COMMISSIONER 13URNETT SECONDED THE AMENDMENT. Chair Ray stated oppo.s to-w�:ekend:deliveries and fueserited reasons thereof including the applicant's ability to inventory their needs and the impact of noise and lighting upon the_neighboring residents:_Chair Ray also g boned-how the apt -.-could have missed the previously-conditioned:delivery hours at the ZA hearing: Commissioners J":and.Horgan-also:yoiced opposition-t©.weekend-deliveries_ ComrnissionelScandura asked.the-maker-of-the motion to cxxrSider irxluding;t livery on Sunday to be consistent with other`big box'retail stores in the City_ The maker of the•motionn cfedvied._ - Discussions ensued concerning the addition of a condition to extern the wing waA in the truck area. and associated problems that would result such as the impact on the truck t�f PC Wmutes-05pcmo927 30 _ ATTACHMENT NO. �' ,. turning adius;-ownel'sli#)of the wall,°strl tteal-kAegrity to the eXiStirig=wat,:aind':_ " ramifiications of the eying.-*d pernfdting pry-' Scott Hess,stated that4 ant item would be ame coa effediV4 should the. Commissim afire to-a-s17C4fi rvth revi@Aconcernigtta deilY"-flouts_` .r THE MOTION WAS AMENDED BY DWYER,SECONDED BY BURNETT,TO APPAovE=offtn EMENT-:PIAN-AMENDMENT NO=tl5=ti4 Wff'N-.MDtNGS:AND _ = 110DWIED'CONDITIONS OF APPROVAL BY CHANGINGrT#IE SATURDAY DELIVERY HOURS FROM 10 00`A.M TO-'12:00 OA4 slrOSTATE THATTHE _-: PLANNtNC�COMMISSION SHALL CONDfJCT`=A-SIX-MONTHAEVIEiN CONCERNING Z*''-t"E f10URs OF DELIVERY AND WlIL II OL:1fE""I"4 _%-CODE ENFORCOWbiT,-t-OUC- E,:AND-NEtGNBOR COMPLAINTS;AND TIfAT AN'if `VIOLATIONS 1AAfREQUIkE A bULY-NOTTCED-R1 WATION aF-THE-PLANNtNG COMMISSION. : AIIES- - _ Qiiyyet 5caiidura;_inrenbi W,Burrie - _ _ : gyimait,.R� .0 )ES pin ABSTAIN: Norte MdTIbN APPRt�VED FINDINGS AND CONDITIONS OF APPROVAL—ENTITLEMENT.PLAN ANIENDNI k FINDINGS FOR PROJECTS EXEMPt The, otrlmisssioEi ids;drat the project".iwt Piave,arl :s n nt!o i qn environment and is exempt from the_pro of the Caftla;Enviroilmente :W (CEQA)pursuant.to section IM1 of the CEQA Guidelines,because the proposed change to del'n►ery hours represegts-a agnor.rh_ange.tdthe-c_prulitrons ofa_Woval Via#daes_:no_t_:u> an e9ar>sron'_of-use< FIN DINGS.FOR-APPROVAL-ENTIZtENIENTPLAN-AMENDMENT-N4.:05-tt : 1. Entitlement flan Amendment No.05-01 to amend Condition of Approval No.5.a of Condr ionaf t P+errnit :fly 35 of mn t x c�,d !�between ala s and 6 12p m. p.iii_onmday 2rrid vendor trueti�eies�eCween the fiixcs of 96_6W- 42 nom Monday thrmVh Friday,will not,be detrirttecrtW_to#fe clenerof:welfare;ofpmoorm working or residing in the vicinity or debimentaf to the value Oft-property-eid:; _ improvements in the neighborhood. Delivery trucks entering�site wU1 not try behind ttte.bung,adjacent to.ressdences:_T ner con*ge;txdtug_c�u$ds loading area W Adartis Avenue°and_#rereWe}delivery-tn enW-the ske 1rom-Adams Avenue and back ur-duectly into thwbading bays WWki* izes noise b"Os to, surround'ng residents The:design of the project and condifions.of appmval;_ hictt- :ode a six-nuxith-rexiew. of the'load'ins-opera ion-:bX#he:Pbnr*V COffmlisskc v,�":em":than the dekvfxy operation. -riot be;debtn6j at to the.surroundin9:neighborhood- M Wmtes-05pcnM27 t -'�l— 2_ The entitlement-plan,amendment will be compatible with surrounding user.because the conditions of approval and mi igation-measures probOA truck idling during deliveries and the loading area is enclosed on three sides and soundproofed to minimize impacts to residents. Based on the design of the building and limitations:on.buck Ming-coupled with the. restrictions on delivery hours,-the proposed-.amendment to alow.weekend truck deliveries will be compatible with surrounding uses. 3. The:proposed=Enlitiement"anAmendmenUNm-05 01-wi0complywith-thy proyissioas of the base district and other=appGeacte provisions.in T'dles:20-2.5 of the-HurttipgtmrnBeach.Z *V and Subdivision Ocdin_ance:(HBZSa�-_Tie proposed:_arr�endment is a�c mplsance with equirements.in the Miuiica�c pal:Code regarding_ma) mu n deciber leant at the:property-fine. A noise study was submitted.as part of Conditional.Use Pefm*No..03-35_which concluded that thet maAmum decibel lexel.of.55 dB at the property line Moaid=not:be.ex by -w.ioKrm and:unio*ng:acovdies.proposed ori_the site.- The H8ZSO cioe�not otherwise prohibit weekend truck deliveries. 4.- The granting of the conditional use.permit wd(not adversely=Oeneral Plan.The project is consistent with the Land Use Elementdesignation .(Generaf'.Coinmerdal —FAR 0.35)on the subject property. In addition;rt is consistent with the foftowi_g goals and policies of the General Plan_ Goal LU 1: Achieve development that maintains or improves the CWs fiscal viability and reflects economic demands while maintaining and improving-the qua*of-life for-the-current and future residents of lAmIk gt on Beach, : - Po cy LU 10. 1.5: Require that buffs,parking,and vehicular access be sited acid - r designed to prevent adverse impacts on adjacent residential neighbofioods_ Pof�LU 10.1.6: Require that commercial projects abutting residential properties adequateCyprntec t the residential-use from the excessive of incorn' ie impacts of mouse;' light;vehicular traffic,visual-c hiracter;ard.operational hazards: -lulu jitopvsed Target store would suppott-ttie needs and relied maurket=derriand of City`" residents and visitors. Through design-features implemented to mitigate noisb-impacts arid'. operational restrictions to truck deliveries induxling restricted delivery hours and restrictions on trick iding;tfie residents=vrri die protected froita excessive noise impaicts frri ldactng.' and unloading activit es. CON D=I4S OF APPROVAL:-=-ENTITLEMENT PLAN AMENDMENT NO 06-01 = - 1. The site-plan,floor plans.ar -elevations reeved and dated Mauch 18 20041thO-be tire. Conceptuaily approV46d-design_ - 2. Target product delivery-and trash:pickup-shall be-permitted;between the hours of 7:00 am. to 7 00 p.tn.M6ndaythrough Friday and�12 Wp.-m:=to=6:04 p.m:=on aturc y�-:No= deliveries shaft occur on Sunday.-Delive -hours.for vendor trucks shall;be:perrni'tted =- between the*hours-of 8:OOra_Yn-: and 12 part_Monday throu:�jh`Friday_Aft-delivery v0deles. -inidud `Target product delivery-trucks and outside vendors trucks that cannot Abe - accommodated with-a typical g foot void by lg font deep padit-staff shall--utifte the, =` enclosed delivery bays for all loading and unloading activities. All other delivery vehicles that are no larger than a typical parking stall size may utilize the parking lot and access the PcWnutes-05pcmo927 I2 ATTACHMENT NO. - :� store through the main entrance_ Deliveries of any kind shal be prolribited behind the subject burl ing,other than the Hatedw,,,� ar�d Ohtoad' }�,� 3_ A review of the hours of deftedes and aft f m*Q and unloading acrvities steal be:- conducted by the Planning Commission within six months follan M the issuance of a - certificate of occupancy-The review shag include a.pulft-I ng _no r€i atic�n to aN prgxm ty owners and tenants within a 500400t radius of the subject she_ The soc=+norrtt� review of the hours of ntecY adin4= : = ;inv Lire Pi*wng= Code Biforcement, Police,acid neighbor corYipk i#s in-order#o eiiiiine i irtpliarice with the conditions of approval=mitiga#ion respplic ble Chaaters�o :t#�e Httr�ington Beach Zoning and Subdivision 1Niih—WWCode perta foiibi and trick delns:-AqY �.o€;##�;rnitiga�r�:nreas�res,-c��dc,' ,,S:�nfa at�:arappitcable chaplets of-t4eME!ZS0 and HBMp may require-a dc4y d._revo_cat_ron,-h_e_adng of the Pla M' - 4, AN ooedrtiot�s,of arova[required.trader;Cotionat Us :P_.et 1��4Q3;3 shag be ed#o±ice ttiee�ceeption o€Cotdfion, IQ__5.a,_as.a amendediidefm�rt Plan INDEMNIFtCAT10NRND HO-L-D HARMLESS dOND 10N: The oViri�ei of the: perty Wh ch:�s the;sub�t_flf itiis..P aiid.ftie.ps riNnt-if different from the propenty` ,_andsa +ot Ahern heirs,su .a ,shalt defDnd,indemnify and hold h6r mless the Citylof Huntii6ton 8eadi arici s'agents,officers, and ,i employs h�wri:anx daimaction or:proceeciirW.A , tY .inc WkV-at#omey s fees and } cost-VA ainst#he.IMi or. aerrts,.offis _o�emptoj�e fg; ,.set e,vojd or anr� any a of tt bi ,nit_ ed to:. a me t _ CoundL Y te aPPr !tg, actia _ rocecciirigansfu -d ,a teef,utlEYtPm PdY h in the defense thereof. C.. SEW. ALJEND'AR C-1. liflfVG COULUSSIOWNINUTES D Y 26,,20b5 O l -AG[IO_N� �-Wl 4105 Planning l M4TlON-1AIAS MADE BY r Ofillffy-i-U O APPROVE THE JULY,i�G20Q5 _ - _ vION_ ffl AS, BY THE FOLLOWING VOTE- AYES.: r, Dingwa-I,.Ray, L.ivwV N: Scandura: INOTI�I APPROVED PC Nudes-05p=0927 13 ATTACHMENT . L CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 # OFFICE OF THE CITY CLERK July 29, 2004 Business Properties Devetopinent Company Attn: Charles G.Ball 17631"Fitch Irvine, CA.92614 Re: NOTICE OF FINAL- ACTION Dear Mr.Ball: The City Council of the City-of Huntington Beach at.its regular meeting held Monday, July i9. 2004 took act on the following Public Hearing Appeal: Public Hearing to Consider Appeal Filed by Charles G. Ball of the Planning Commission's Approval of Application Filed by John Warren of Conditional Use Permit No. 03-35 (Target Department Store Demolition and Rebuild) Located at 9882 Adams Avenue (shoe Corner of Brookhurst Street and Adams Avenue) The.City Council upheld the Planning Commission decision of approval_ As part of _ their approval Council amended the condition to-reduce the-number of cofrVact= - 'parkirq spaces to the_gieatesf exte_nt feasit�le and relocate any reriaimiiig compact spaces to remote areas on the lot. - The Action Agenda and amended Findings and Conditions-of Approval are enclosed. The July 19, 2004 minutes of the approval of the appeal will be mailed to you following Council approval of the minutes_ This is a final decision_ You are hereby noted that pursuant to provisions of Section 1094.E of the Code of Civil Procedure of the State of California you have ninety days from July 19,2004 to apply to the courtfor judicial review. If you have any questions regarding this matter, please contact my office at(714) 536- 5227. Sincerely,: Joan L. Flynn City Clerk Enclosure_ Govemmcut Code 1094_6 Amended Suggested Findings and Conditions for Approval Action Agenda Pages 8-9 cc_ Penelope Caibredn-Gr Gty Administrator Jennifer McGr Ak City Attorney V Howard ZeicUy,Planning Director Herb Fauland,Principal Planner Paul DaVeiga,Associate Planner ATTACHMENT-NO, i2 �11 (TekjAione=714-53s-5227) FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO.03 35 FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO.03 35.- 1_ Conditional Use Penmit No-03-35 to permit the demolition of a 103,458 sq_It. retail building and construction of a new 123,800 sq.ft.Target department store with an 8,100 sq.IL attached garden center will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighboibood-The proposed-project meets or exceeds all Huntington Beach Zoning and Subdivision Ordinance standards. The proposed architecture,colors,and materials are consistent with the Urban Design Guidelines through the use of varied quality building materials such as stone veneer,stucco,and concrete file roof. The design incorporates multiple plane rooliines and a substantial amount of massing in the design to eliminate the"big-box"appearance of.the subject building. Based upon the conditions imposed,the 8,100 square foot garden center will be designed with a solid waft running along its entire length,which will reduce potential noise impacts from garden center activities to adjacent properties- In addition,the loading and unloading area will be designed to minirnize potential impacts to adjacent residences. With the implementation of MND No-03-02 mitigation measures,conditions of approval,and design modifications,the potential impacts of-the project have been mitigated to a level of insignificance. 2. The conditional use permit will be compatible with surrounding uses which consist of commercial uses to the north and east,and single-family residences to the south and to the west of the subject site.A noise study was conducted on the subject site and recommended mitigation - measures have been incorporated into the conditions of approval- The garden center will be equipped with a solid block wall along its entire length to mitigate any potential noise impacts to nearby residents.The operation of the garden center"be regulated through the conditions of approval and shall not contain any amplified loudspeakers,which would disrupt adjacent residents. Hours of operation for loading and unloading of product have been regulated in the conditions of approval to allow deliveries during daytime hours only. The proposed truck loading Will be constructed with sound attenuating material such as solid walls,roof,rubber seals,and sound absorbing material to reduce noise impacts to adjacent residents. In addition,loitering by employees or patrons shall not be allowed behind the subject building and signs shall be posted which prohibit loitering activity- 3 The proposed Conditional Use Permit No.03-35 will comply with the provisions of the base district and other applicab"ovisions in Titiees 20-25 of the Huntington Beach Zoning and Subdivision Ordinance a"y specific condition required for the proposed use in the.diistrict in which it would be located_ 4. The granting of the conditional use permit will not adversely affect the General Plan.-The project is consistent with the Land Use Element designation of CG-F1 (General Commercial—FAR 0.35)on the subject property. In addition,it is consistent with the following goals and policies of the. General Plan: A- Land Use Element Goal LU 1: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of fife for the current and future residents of Huntington Beach_ (04NOAo525) Goal LU 2.Ensure that development is adequately served by transportation,infrastructure,utifity infrastructure, and pubric services adequately serve development , Goal LU 4- Achieve and maintain high quality architecture,landscape,and public open spaces in the City- Poli x LU 10.1.4: Require that commercial buildings and sites be designed to achieve a huh level of architectural and site layout quality. Policy LU 10. 1.5: Require that buildings,parking,and vehicular access be sited and designed to prevent adverse impacts on adjacent residential neighborhoods- Policy LU 10.1_6 Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise,light,vehicular traffic,visual character,and operational hazards. Policy LU 10.1.12: Require that Commercial General uses be designed-and developed to achieve a high level of quality,distinctive character,and eompab ifity with existing uses and development including the consideration of u Incorporation of site landscape,particularly along street frontages and in parking lots; o Linkage of buildings by common architectural design,landscape and pedestrian systems,to avoid the appearance of independent freestanding structures surrounded by parking; u Siting and design of.structures to facilitate and encourage pedestrian activity, o Siting of one or more buildings in proximity to the street frontage to convey a visual relationship to the street and sidewalks; o Architectural treatment of buildings to minimize visual bulk and mass,using techniques such as the modulation of building volumes and articulation of all elevations;and o Inclusion of consistent signage designed and integrated into the building's architectural character. Goal LU 11: Achieve the development of projects that enable residents to live in proAmity to their jobs,commercial services,and entertainment,and reduce the need for automobile use.- Policy LU 71.fi Accommodate the development of additional jobs-generating land uses that improve the.1992 jobs-to-housing ratio of 0.82 to 1.0 or greater,to meet objectives of the Regional Comprehensive Plan.(Southern California Association of Governments)and Air Quality Management Plan. These should capitalize upon existing industrial strengths emphasizing the clustering of similar or complementary industries- The proposed Target store would support the needs and reflect market demand of City residents and visitors- The proposed development improves the project site through the addition of hWscape planters along the perimeter of the site and throughout the parking area- In addition, the proposed project would help the City to achieve its goal of enhancing the community image of Huntington Beach through the design and oonstruction of a high-quality,state-of4he-art development impacts to the surrounding area are mitigated to the greatest extent possible,while stilt allowing for the market-driven commercial development The design of the project promotes development of commercial buildings that convey a unified, -high-quality visual image and character- The City's Design Review Board has reviewed the proposed architecture,colors,and materials and recommends preliminary approval of the design t (04NoADS25) ATTACHMENT NO. concept with minor modifications. Public services are currently available to the project site,as well-as the surrounding parcels,and the project includes improvements to existing infrastructure to ensure adequate service after project implementation. With the recommended conditions of approval, the design of the project meets the objectives of the Urban Design Element through the use of massing elements and architectural detailing on all elevations,in conjunction with a varied roof line in order to eliminate the appearance of an overall `big-box°'design. Varied use of earth tone colors and'quatity exterior materials such as stone veneer,sprit-face block,and other similar materials is incorporated to accent-prominent portions of the building fagades. B. Economic Development Element Goal ED 1: Provide uric opportunities for present and future Huntington Beach residents and businesses through employment and tonal fiscal stability_ Goal ED 2: Aggressively retain and enhance the existing commercial,industrial,and visitor- serving uses while attracting new uses to Huntington Beach: Goat ED 3: Enhance Huntington Beach`s economic development potential through strategic rand use planning and sound urban design practices. The proposed project.promotes development in accordance with Huntington Beach's Economic Development Element. The proposed project expands upon an already successful retail commercial development that,with the additional floor area proposed,will broaden and stab➢lize the CA-Vs economic base. New employment opportunities will be created both in the construction of the proposed development and in the long-term operations of the retail establishment. C. afculatkw Element Goal CE 1: Provide a balanced transportation system that supports the policies of the General Plan and facilitates the safe and efficient movement-of people and goods throughout the City while providing a balance between economic development and the preservation of residential neighborhoods,and minimizing environmental impacts_ Goal CE Z Provide a circulation system which supports existing,approved,and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections. Policy CE Z 1.1: Maintain a citywide level of service(LOS)not to exceed LOS"D"for intersections during the peak hours. Policy CE Z.l.Z Maintain a city-wide level of service(LOS)not to exceed LOS"C"for daily traffic, with the exception of Pacific Coast Highway south of Broorkhurst Street Policy CE21.a identify and improve roadways and intersections that are approaching,or have reached,unacceptable levels of service. Goal CE 5: Provide sufficient,weir-designed, and convenient on-and off-street parking facilities throughout the City. (04NOA0525) '1i� Goal CE 7: Maintain and enhance the visual quality and scenic views along designated corridors. A traffic impact analysis has been completed by a traffic engireering firm to ensure a balanced transportation system that adequately mitigates the projec lrs potential traffic impacts white still -allowing for commercial development to be achieved. The developer will be required to contribute a fair-share payment toward traffic system improvements to mitigate the projects proportionate impacts to certain intersections and roadways_ Through the recommended conditions of approval,the project will be required to provide a much-needed traffic signal at one of the most dangerous intersections in the City. The welt-designed parking facilities include compact spaces distributed throughout the site,access between existing parcels without re-- entering the public street system,reciprocal driveways between uses, parking lot landscape planters,and perimeter landscaping to enhance the view of the parking area from the surrounding street system_ CONDITIONS OF APPROVAL.—CONDITIONAL USE PERMIT NO.03 35: 1. The site plan,floor plans and elevations received and dated March 18,2004 shag be the conceptually approved layout with the following modifications: a. The loading docik,endosure shag be constructed with sound absorbing material designed to minimize noise impacts associated with loading and unloading activities_ Truck loading and maneuvering shall be designed to provide the greatest separation possible from the-adjacent residential properties. The architecture colors and materials of-the enclosure shall be consistent with the overall building architecture— b. The architecture colors and materials of the garden center shall be consistent with-the overall _ building architecture. c. The design,colors,and materials for the subject building shag be reviewed by the Design Review Board(DRB)following approval by the Planning Commission. 1) Elevations shag be revised to incorporate multiple roof planes and/or a variety of roof slopes to reduce the overall mass and bulk of the building and comply with the Urban Design Guidelines. 2) The overall architectural theme shall reflect a contemporary architectural design consistent with the design concept identified on elevation dated April 14,2004. Several massing - elements,in various volumes,shall be incorporated into the design_ Varied use of earth tone colors and quarrty exterior materials such as stone veneer,split-face block,or other similar material shall be incorporated to accent prominent portions of the building fagades_ 3) The design of the garden center shag incorporate an enhanced entry design which shall -have the appearance of a secondary storefront The design o(the garden center shall include similar architectural design as the overall building. 4) A public art element shag be integrated and be in a location that is visible to the public within.the project site_ Pubic art shall incorporate the following: Artistic excellence and innovation it) Appropriate to the design of the project rii) Indicative of the commu nity's cultural identity(ecology,history,society) (04NOA0525) out ATTACHNe The Design Review Board's recommended public art element shall be reviewed and i approved by the Planning Director,prior to issuance of a builder permit for the project_ The public art shaft be in place at the subject site prior to final building inspecfion. d. -The cart corals shall be constructed with a durable material such as concrete bEock. The design of the cart corrals shall be consistent with Sheet 6 of the conceptual plans dated March 18,2004. The colors and materials used on the cart corrals shall be consistent with the subject buddirng- e. AN non-confomung signs shall be elimi a�n ted from the subject site,including the one pylon sign along the Adams Avenue frontage and a.second pylon sign along the Brookhurst Street frontage. A planned sign program for all signage on the subject property and outlying commercial pads shall be submitted to the Planning Department. Said program shaft be approved prior to the first sign permit request. f. Prior to submittal for building permits_The applicant shall submit a copy of the revised site plan,floor plans and elevations pursuant to Condition No. 1 for review and approval,and inclusion in the entitlement file to the Planning Department-and submit 8.5 inch by 10 inch colored elevations,materials board,and renderings to the Planning Department for inclusion in the entitlement file. i AN parking that is proposed behind the store,within the access gates,shall be designated as- (/� employee-only parking_ 1 A minimum of two speed bumps shall be provided behind the budding,subject to review and approval by the Fare Department. j. All perimeter trees located directly adjacent to residential properties shall be of a species that is nor-deciduous and results in minimal impacts in maintenance and upkeep to adjacent properties. 2- Prior to issuance of a grading permit,the following shaft be completed: -a. The site plan received and dated April 14,2003 shalt be the approved layout except for the IbNoWirxi:(PW) 1) The driveway on the south side of the property along Brookhurst Street shall be widened. to a minimum of 36-feet in width;to allow for two egress.lanes- 2) A minimum 10-foot sight mangle must be provided at all points on the site,including the building corners. Areas of concern include the northwest corner(at the loading dodo)and northeast comer of the building. The sidewalk must also be extended a minimum of four feet west of the building comer. 3) A truck tracking exhibit,utirb ing a WB-50 design vehicle,must be provided to demonstrate that delivery trucks can be accommodated- This truck tracking exhibit must illustrate a truck entering the site,accessing the loading docks and egressing the site. fi must be (04NOM525) - - - • - demonstrated that the thick movements will not encroach into opposite directions of roadway traffic nor impact the parking spaces shown. 4) A traffic signal shall be constructed at the main driveway entrance on Adams Avenue_ This traffic signal shall include the installation of interconnect conduit and cable to the traffic signal controller cabinet at the intersection of Brookhurst Street and Adams Avenue. A traffic signal and maintenance easement shall be provided in the driveway area. The appropriate curb ramp and signing&striping modifications shall be made to accommodate the traffic signal installation_(PW/MM) 5) The applicant shall provide the legal description(s),plat(s),and supporting docximents necessary for the City to quitclaim any abandoned portions of the existing water fine easement-dedicated to the City of Huntington Beach-(PW) 3. Prior to issuance of building permits,the following shall be completed: a. An`Acceptance of Conditions'form shall be properly executed by the applicant and an authorized representative of the owner of the property,recorded with the County Recorder's Office,and rehimed to the Planning Department for inclusion in the entitlement file- Conditions of approval shalt remain in effect in the recorded form in perpetuity,except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach- - - b. The public art element shall be approved by the reviewed by the Design Review Board and approved by the Planning Director. 4. The structure(s)cannot be occupied,the final building permit(s)cannot be approved,and utWiifies cannot be released for commencement:of use and issuance-of a Certificate of Occupancy until compliance with all conditions of approval specified herein are accomplished and verified by the Planning Department. 5. The use shall comply with the following: a. Delivery hours for vendor truck deliveries,Target product delivery,and trash pickup shall be limited to Monday through Friday between the hours of 7:00 AM to 7.00 PM. All delivery vehicles,including Target trucks and outside vendors that cannot be accommodated with a typical 9 foot wide by 19 foot deep parkirxt stag shall utilize the enclosed delivery bays for ail loading and unloading activities. All other delivery vehicles that are no larger than a Wiical parking stall size may uhTize the parking lot and access the store through the main entrance. DeGvefm of any kind shag-be prohibited behind the subject building,other than the designated loading and unloading bays- (MM) -b. Delivery trucks shall not leave engines idling while delivering merchandise to the Target store. Trucks shall turn-off engines once they reach the loading dock(MAO c There shalt be no loudspeakers or other amplified devices within the garden center,at any d_ Rubber noise seals shall be provided around the opening to the!wilding at the location of the loading dock(MM) e. The trash compactor shalt not be operated before 8:00 AM and after 7:00 PM.(MfM f04NOAM25) - 2e f AN doors along the southerly and westerly facades of the building shall remain dosed at all times-(MM) The hours of operation for the Target store shah be from 7 a g- open rge a-m. The access gates to the rear of the building shall remain closed frorr �p_m_ -00:a:_m h- Parking lot lights shall be automatically dimmed to minimal security level lighting one hour -after dosing. L The Target Department Store shah be designated as a single user with.a maximum of 10 percent of the gross building f"area devoted to an ancillary retari/restaurant tenant. j- Any reuse of the site or request for future demising walls to allow for a new use within the subject building shall require approval of a conditional use permit by the Planning Conunission- k- AN outdoor display of seasonal,holiday,special events,and temporary outdoor sales events within the parking tot,on sidewalks,or any other portion of the project site shall be subject to the Huntington Beach Zoning and Subdivision Ordinance Code. At no time shall a Temporary Use Permit be granted for the area between the subject bolding and the southerly or westerly property lines- l There shall be no outside storage of storage containers or bins,vehicles,vehide parts, equipment,or traders. There shall be no outside storage of palettes or other product at any time without-the required permits. rn- There shall be no loitering by.patrons or employees within the parking areas located at-the \ rear of the subject building- Signs shall be posted to indicate that no loitering in all parking areas located behind the subject building. Store managers shag be responsble for regulating all activity occurring at the rear of the subject building at all times. .n- A store liaison shall be permanently established and available to assist neighbors and residents with issues regarding the site during construction and after completion of the.project when the development is open for business. A sign identrfying.the store contact and telephone number shall be permanently posted on site. o_ AM Mitigation Measures of Mitigated Negative Declaration No.03-02 shall be adhered to. 6. The Planning Director ensures that all conditions of.approval herein are compried with.. The Planning Director shall be notified in writing if any changes to the site plan,elevations and floor plans are proposed as a result of the plan check process. Budding permits shall not be issued until the Planning Diredor_has reviewed and approved the proposed changes for conf6 mane with the intent of the-Zoning Administrators action and the cxxrdWK=herein- If the proposed changes are of a substantial nature,an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the 1 lumtirhgton Beach Zoning and Subdivision Ordinance. 7. The applicant and/or applicant's representative shall be responsible for ensuring-the accuracy of all plans and information submitted to the City for review and approval_ INDEMNIFICATION AND HOLD HARMLESS CONDITION: (04NOA0525) ATTACHMENT . The owner of the property which is the subject of this project and the project applicant I ddferent from the property owner, and each of their heirs,successors and assigns,shall defend,indemnify and hold harmless the City of Huntington Beach and its agents,officers,and employees from any claim,action or proceedings,liability cost,including attorneys fees and costs against the City or its agents,officers or employees,to attack,set aside,void or annul any approval of the City,including but not limited to any approval granted by the City Councp'l,Planning Commission,or Design Review Board conceming this project The City shall promptly notify the applicant of any claim,-action or proceeding and should cooperate fully in the defense thereof_ Six-Month Review— CAP No. 03-35 (Target) Histoty of Neighbor Complaints and Code Enforcement Actions - Sel2tember 27 2005 to Present 4/25/0 1114105 Code Enforcement Delivery Vehicles parked Yes o Verbal communication with Store Manager-copies of . Friday behind the building CUP posted on Target Employees Bulletin Board 11/07/05 Code Enforcement Outside Storage Yes ❑ Meeting with Store Manager and review of conditions of Monday approval 11/15/05 Code Enforcement Outside Storage Yes o Ongoing verbal communication with Store Manager Tuesday 11/21/05 Resident Truck Idling No ❑ E-mail sent to Store Manager(11/29/05) Monday o Meeting with Store Manager(12/5/05) E-Mail- 12/5/05 Code Enforcement Compliance with CUP N/A ❑ On-site meeting with Store Manager regarding outside Conditions storage and delivery truck parking 1/6/06 Resident Truck Idling No o E-mail sent to Store Manager(01/09/06) Friday ❑ Staff begins weekly inspections E-Mail 1/19/06 Code Enforcement Truck Parked Outside of Yes o Ongoing verbal communication with Store Manager Thursday. Loading Bays/Outside Storage 1/29/06 Resident Truck Idling No o E-mail to Store Manager(01/31/06) Sunday ❑ Ongoing verbal communication with Store Manager E-Mail 2/5/06 Resident Sunday Delivery No ❑ Ongoing verbal communication with Store Manager Sunday E-Mail) 2/7/06 Code Enforcement Truck Outside of Loading Yes ❑ E-mail/verbal comm. with Store Manager(02/08/06) - Tuesday Bays/Outside Storage ❑ Notice of Violation issued to Store Manager 02/09/06 2/24/06 Resident Truck Idling No ❑ E-mail to Store Manager(02/24/06) Friday o Ongoing verbal communication with Store Manager E-Mail 3/l/06 Resident Truck Idling/ No ❑ Ongoing verbal communication with Store Manager Wednesday Sunday Delivery j E-Mail 3/6/06 Code Enforcement Truck Outside of Loading Yes o Citation issued to Store Manager(03/07/06) Monday . Bays/Outside Storage o Ongoing verbal communication with Store Manager 3/30/06 Resident. Truck Idling/ No ❑ Ongoing verbal communication with Store Manager V4 Thursday Sunday Delivery E-Mail - �t� _ �` PC Minutes April 25,2006 r Page 9 k 4. Prior to final building permit inspection, signs shall be placed at the head of each g stall designating the spaces for use only by residents of the development and/ ident's guests, and for motor vehicle parking only. 5. 'A separate water meter shall be provided for each residential o sub metering and no allocation shall be permitted. INDEMNIFICATION AND HOLD HARMLESS CON N: The owner of the property which is the sub this project and the project applicant if different from the property owner, and each eir heirs, successors and assigns, shall defend, indemnify and hold harmless ity of Huntington Beach and its agents, officers, and employees from any claim on or proceedings, liability cost, including attorney's fees and costs against the City agents, officers or employees, to attack, set aside, void or annul any approval of the including but not limited to any approval granted by the City Council, Planning C ssion, or Design Review Board concerning this project. The City shall promptly notify pplicant of any claim, action or proceeding and should cooperate fully in the defense th f. B-2. SIX MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 03-35 (TARGET— TRUCK DELIVERY HOURS (c)- 9882 ADAMS): Applicant: City of Huntington Beach Request: A six month review of Conditional Use Permit No. 03-35 as required under Entitlement Plan Amendment No. 05-01, approved by the Planning Commission on September 27, 2005. The review is to provide an update of compliance with the approved conditions of approval regarding loading and delivery operations for the Target Department Store. Location: 9882 Adams Avenue (southwest corner of Brookhurst St. and Adams Ave.). Protect Planner: Paul Da Veiga STAFF RECOMMENDATION: Motion to: "Receive and file as adequate the six-month review of Conditional Use Permit No. 03-35 with suggested amended conditions of approval." The Commission made the following disclosures: • Commissioner Dwyer visited the site. • Commissioner Scandura visited the loading dock recently as well as in the past. • Chair Dingwall visited the site and spoke with staff. • Commissioner Horgan visited the site/loading dock area several times . • Comissioner Ray visited the subject site, observed loading dock and drivers. • Commissioner Livengood visited the site several times. • Commissioner Burnett visited the site several times. Paul DaVeiga, Associate Planner, gave a Powerpoint presentation and staff report of the six- month review. Discussion ensued between the Commissioners, staff and Code Enforcement concerning complaints of truck idling, fumes and late deliveries received over the past six months. Tim Flanagan, Code Enforcement Technician, answered questions regarding complaints received and a citation issued. Flanagan advised that the citation issued was due to non- compliance regarding outside storage. He stated that seven citizen complaints were received for prolonged truck idling. (06p=0425) PC Minutes Apri125,2006 Page 10 THE PUBLIC HEARING WAS OPENED _. _• . --DR-A Arciaga, Jr., resident, complained of fumes, excessive truck idling and illegal Sunday deliveries. He suggested signs be installed advising truck drivers to turn off their engines while delivering goods. Mr. Arciaga stated he represented some of his neighbors and their complaints included bright lights at the rear of the store which shined through their windows at night and water seepage from store planters into their rear yards. Chris Long, representing Target, handed out pictures of signs that had recently been posted which direct truck drivers to turn off their engines while making deliveries to the store. He stated that there are no deliveries to the store on Sundays. He referenced the citation that Flanagan issued and stated that the situation has been addressed. Dwyer suggested installing shields to the outdoor lighting fixtures. Kareem Ali, representing Target, stated that internal shields were placed on lighting initially and the lights are programmed to shut off during late night hours. Chair Dingwall asked for Code Enforcement to inspect the lighting during night hours. Flanagan stated that no complaints have been received regarding lighting. Jane James, Senior Planner, interjected that Code Enforcement will inspect the lighting during night hours. Randy Yee, store manager, advised he had received only one citizen complaint and addressed it personally with the complainant. Discussion ensued regarding the placement of the rear gate and the rear parking issue. The recommendation of moving the gate and utilizing rear parking was raised. Staff pointed out that the issue at hand is reviewing delivery hours and operations. Burnett suggested a sign be posted at the southeast corner of the building prohibiting truck entry in lieu of moving the gate. A MOTION WAS MADE BY RAY, SECONDED BY LIVENGOOD TO RECEIVE AND FILE AS ADEQUATE THE SIX MONTH REVIEW WITH AMENDED CONDITIONS OF APPROVAL; WITH ANOTHER REVIEW SCHEDULED NO LATER THAN ONE YEAR, BY THE FOLLOWING VOTE: AYES: Burnett, Livengood, Scandura, Ray, Horgan, Dwyer NOES: Dingwall ABSENT: None ABSTAIN: None MOTION APPROVED OF APPROVAL—CONDITIONAL USE PERMIT NO. 03-35 AMENDED 4125106)_ 1. The site plan,floor plans and elevation�receiv arch 18, 2004 shall be the conceptually approved layout with the ng modifications: (06p=0425) ATTACHMENTNO. :4- CEI E CITY OF HUNTINGTON BEAC b in 700 MAY -4 PM T 22 F0 : :.ClW. AQlt CQVMUNICATION HLWUWTON BEACH p ® a o 3 i (i mo 00p o o pc o n o m p a o e TO: Joan Flynn, Cit Cork o ® op o ® FROM: Dave Sullivan, Mayor Cathy Green, City Council Member DATE: May 4, 2006 SUBJECT: APPEAL OF SIX-MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 03-35 (TARGET-LOADING AND DELIVERY OPERATIONS) The purpose of this memo is to appeal the Planning Commission's approval of the six-month review for Conditional Use Permit No. 03-35 (Target) on April 25, 2006. As part of the Planning Commission's action, a condition was added requiring a subsequent one-year review of the project. This appeal is being requested to approve the six-month review as a final action without any further review. xc: City Council Planning Commission Penelope Culbreth-Graft, City Administrator Paul Emery, Deputy City Administrator Howard Zelefsky, Director of Planning ATTACHMENT NO. ATTACHMENT 6 ATTACHMENT NO. COMPLAINTS RECEIVED BY STAFF INCLUDE: • EXCESSIVE TRUCK IDLING • DELlVER1ES OUTSIDE OF APPROVED HOURS • OUTSIDE STORAGE OF MERCHANDISE STAFF RECOMMENDS THE FOLLOWING: SIGNS PLACED AT THE LOADING DOCK IDENTIFYING DELIVERY HOURS, STORE CONTACT, AND RESTRICTION ON IDLING PLANNING COMMISSION ACCEPTED THE REVIEW ON 412�106 WITH THE FOLLOWING CONDITIONS: • SIGNS PROHIBITING TRUCK IDLING, IDENTIFYING LOADING HOURS, AND STORE CONTACT INFORMATION • SIGN INDICATING "NO THRU TRAFFIC" AT SOUTHEASTERLY PORTION OF BUILDING • ADDITIONAL REVIEW TO BE CONDUCTED WITHIN ONE YEAR ATTACHMM , • CONSIDER RECEIVING AND FILING THE SIXMONTH REVIEW AS ADEQUATE BASIS FOR APPEAL: PORTIONREVIEW OF LOADING AND DELIVERY RECEIVE AND FILE SIX MONTH REVIEW BASED ON: • RECOMMENDED CONDITIONS OF APPROVAL FOR SIGNAGE AT LOADING BAY AND SOUTHEASTERLY OF BUILDING • NO ADDITIONAL REVIEW REQUIRED AT TACHMEW No. RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: APPEAL OF SIX-MONTH REVIEW OF CUP NO. 03-35 (TARGET LOADING AND DELIVERY OPERATION) COUNCIL MEETING DATE: June 19, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorne Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorne Certificates of Insurance (Approved b the City Attorne Attached ❑ ( pp Y Y Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not A licable Attached ❑ Bonds (If applicable) Not A plicable Attached Staff Report (If applicable) Not A licable ❑ Commission, Board or Committee Re ort If applicable Attached p ( pp ) Not Applicable ❑ s/Conditions for Approval and/or Denial Attached Findin g pp Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORVYARDED Administrative Staff Assistant City Administrator Initial E City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM (Below Only) RCA Author: HZ:SH:HF:PD NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, June 19, 2006, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF THE SIX-MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 03-35 (TARGET—TRUCK DELIVERY HOURS (a- 9882 ADAMS): Appellants: Mayor Sullivan and Council Member Green Applicant: City of Huntington Beach Request: A six month review of Conditional Use Permit No. 03-35 as required under Entitlement Plan Amendment No. 05- 01, approved by the Planning Commission on September 27, 2005. The review is to ensure compliance with the approved conditions of approval regarding loading and delivery operations for the Target Department Store. Location: 9882 Adams Avenue (southwest corner of Brookhurst St. and Adams Ave.). Project Planner: Paul Da Veiga NOTICE IS HEREBY GIVEN that Item No. 1 is covered under Mitigated Negative Declaration No. 03-02, approved in conjunction with the project. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting) June 15, 2006. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:legals:CCLGFRM2a) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, June 19, 2006, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. APPEAL OF THE PLANNING COMMISSIONS APPROVAL OF THE SIX-MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 03-35 (TARGET — TRUCK DELIVERY HOURS (&_ 9882 ADAMS): Appellants: Mayor Sullivan and Council Member Green Applicant: City of Huntington Beach Request: A six month review of Conditional Use Permit No. 03-35 as required under Entitlement Plan Amendment No. 05- 01, approved by the Planning Commission on September 27, 2005. The review is to ensure compliance with the approved conditions of approval regarding loading and delivery operations for the Target Department Store. Location: 9882 Adams Avenue (southwest corner of Brookhurst St. and Adams Ave.). Project Planner: Paul Da Veiga NOTICE IS HEREBY GIVEN that Item No. 1 is covered under Mitigated Negative Declaration No. 03-02, approved in conjunction with the project. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting) June 15, 2006. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:1ega1s:C CLGFRM2a) Esparza, Patty From: Esparza, Patty Sent: Friday, June 02, 2006 4:18 PM To: Salcedo, Catherine Subject: FW: Public Hearing Notice-Target Appeal - MORE Importance: High Sorry-one more thing! In reading the notice, it appears that there is an incorrect date in the fourth paragraph starting with ON FILE. The staff report will be available(thursday before meeting) on June 15, 2006- not May 11, 2006. Let me know what you think. Thanks again! Patty -----Original Message----- From: Esparza,Patty Sent: Friday,June 02, 2006 4:12 PM To: Salcedo,Catherine Subject: Public Hearing Notice-Target Appeal Importance: High Hi Cathy- I received the PH Notice for the above for appeal; however, the Independent requires an electronic version along with the fax copy for the legal ad. When you have a chance, will you please email me the notice electronically? The publication deadline is 3:00 Monday, June 5. Thanks for your assistance! Sincerely, Patty Esparza Acting Senior Deputy City Clerk (714) 536-5260 1 O Lj MEETING DATE: June 19, 2006 DEPARTMENT RECEIVED SUBJECT: REQUESTING: DATE Planning 5130/06 Target Appeal — CUP No. 03-35 TODAY'S DATE May 30, 2006 VERIFIED BY &-k) ADMININSTRATION: APPROVED BY: ` Paul EmeT�- Deputy City Administrator o 5/30/2006 2:23 PM CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: /��,n -�L - 1-5;'i2-7 6-- r C �1L: DEPARTMENT: MEETING DATE: CONTACT: �� ,c, ��a 1�G�/I PHONE: S 3 ��- N/A YES NO ( ) (v j" ( ) Is the notice attached? ` { ) ( ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? Are the date,day and time of the public hearing correct? If an appeal, is the appellant's name included in the notice? { ( ) ( ) If Coastal Development Permit,does the notice include appeal language? is there an Environmental Status to be approved by Council? Is a map attached for publication? Is a larger ad required? Size Is the verification statement attached indicating the source and accuracy of the mailing list? Are the applicant's name and address part of the mailing labels? Are the appellant's name and address part of the mailing labels? If Coastal Development Permit,is the Coastal Commission part of the mailing labels? If Coastal Development Permit,are the resident labels attached? ( { ) ( ) Is the Report 33433 attached? (Economic Development Dept. items only) Please complete the following: I. Minimum days from publication to hearing date 2. Number of times to be published 3. Number of days behveen publications ^j 21 w NOTICE OF APPEAL TO CITY COUNCIL OF A PLANNING COMMISSION ACTION Date: May d 7006 To: Planning Dept(2 copies) Date Delivered May 5, 2006 City Attorney(1 Copy) Date Delivered May 5. 2006 Filed By: Mayor Dave Sullivan and Councilmember Cathy Green Regarding: Appeal of Six-Month Review of Conditional Use Permit No. 03-35 (Target-Loading and Delivery Operations) on April 25., 2006_ Tentative Date for Public Hearing To be determined Copy of Appeal Letter Attached: Yes LEGAL NOTICE AND A.P. MAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE Joan L. Flynn City Clerk ext. 5227 Fee Collected: Waived Form Completed by: patty F.S a= r7a, net t> >ty for .Toan L. Flynn, City Clerk n r CITY OF HUNTINGTON BEAC 2006 ESA CITY COUNCIL COMMUNICATION -4 P 3: 2 t L16 - t HUNTINGTON BEACH i-y .k �x TO: Joan Flynn, City Clerk {gyp FROM: Dave Sullivan, Mayor Cathy Green, City Council Member DATE: May 4, 2006 SUBJECT: APPEAL OF SIX-MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 03-35 (TARGET-LOADING AND DELIVERY OPERATIONS) The purpose of this memo is to appeal the Planning Commission's approval of the six-month review for Conditional Use Permit No. 03-35 (Target) on April 25, 2006. As part of the Planning Commission's action, a condition was added requiring a subsequent one-year review of the project. This appeal is being requested to approve the six-month review as a final action without any further review. •• •••• •sss •••• • • • • • •a s • 000090 •••• • • ••s• xc: City Council Planning Commission Penelope Culbreth-Graft, City Administrator Paul Emery, Deputy City Administrator Howard Zelefsky, Director of Planning Imps age rapide www.averycom Utilisez le g!Krit 5960- 14800-60-AVERY R -0&5 CuP03 3J- 153-i71-1 153-171-1 153-171-2 Occupant Occupant Occupant 9791 Adams Avenue 19891 Brookhurst 9961 Adams Avenue Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 153-171-1 153-171-1 153-171-2 Occupant Occupant Occupant 9795 Adams Avenue 19887 Brookhurst 9951 Adams Avenue Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 153-171-1 153-171-1 153-171-2 Occupant Occupant Occupant 9803 Adams Avenue 19885 Brookhurst 9941 Adams Avenue Huntington Beach,CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 153471-1 153-171-1 153-171-2 Occupant Occupant Occupant 9807 Adams Avenue 19883A Brookhurst 9971 Adams Avenue Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach,CA 92646 1-1 153-171-1 155-051-10 upant Occupant Occupant 9811 Adams Avenue 19883B Brookhurst 10001 Adams Avenue :iuntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach,CA 92646 153-171-1 153-171-1 155-181 3 Occupant Occupant Occupant 9861 Adams Avenue 19883C Brookhurst 10026 Adams Avenue Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach,CA 92646 153-171-1 153-171-1 155-181-3 Occupant Occupant Occupant 9881 Adams Avenue 19881A Brookhurst 10028 Adams Avenue Runtington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA92646 153-171-1 153-171-1 155-181-3 Occupant Occupant Occupant 9891 Adams Avenue 19881B Brookhurst 10030 Adams Avenue Huntington Beach, CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 53-171-1 153-171-1 i55-i81-3 Occupant Occupant Occupant 9901 Adams Avenue 19881C Brookhurst 10032 Adams Avenue jiuntington Beach,CA 92646 Huntington Beach, CA 92646 Huntington Beach,CA 92646 .53-171-1 153-171-1 155-181 Occupant Occupant Occupant 19883 Brookhurst 19881D Brookhurst 10034 Adams Avenue Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach,CA 92646 V"o Address Labels eaAa3Ad-o�-o0s-t Z20., 3 ® SArNI "J°-' .A,%VF 2Y 1 R 79) er Im t 6 j3ge rapide www.averycom �1 Utz isez Tfh2 r -Cuod 0.3-: . 7-800-GO-AVERY 155-181-3 155-181-27 155-181-27 Occupant Occupant Occupant 10036 Adams Avenue 10188 Adams Avenue 10124 Adams Avenue Huntington Beach, CA 92646 Huntington Beach,CA 92646 Huntington Beach, CA 92646 155-181-3 155-181-27 155-181-27 Occupant Occupant Occupant 10038 Adams Avenue 10156 Adams Avenue 10122 Adams Avenue Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 155-181-5 155-181-27 155-181-27 Occupant Occupant Occupant 20052 Brookhurst 10158 Adams Avenue 10120 Adams Avenue Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 155-1814 155-1811-27 155-181-27 Occupant Occupant Occupant 20002 Brookhurst 10162 Adams Avenue 10118 Adams Avenue Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 155-181-24 155-181-27 155-181-27 Occupant Occupant Occupant 10142 Adams Avenue 10172 Adams Avenue 10116 Adams Avenue Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 155-181-27 155-181-27 155-181-27 Occupant Occupant Occupant 10136 Adams Avenue 10132 Adams Avenue 10114 Adams Avenue Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 155-181-27 155-181-27 155-181-27 Occupant Occupant. Occupant 10176 Adams Avenue 10130 Adams Avenue 10112 Adams Avenue Huntington Beach, CA 92646 Huntington Beach,CA 92646 Huntington Beach, CA 92646 155-181-27 155-181-27 155-181-27 Occupant Occupant Occupant 10178 Adams Avenue 1012 8 Adams Avenue 10110 Adams Avenue Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach,CA 92646 155-181-27 155-181-27 155-181-27 Occupant Occupant Occupant 10180 Adams Avenue 10126B Adams Avenue 10106 Adams Avenue Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach, CA 92645 155-181-27 155-181-27 155-181-27 Occupant Occupant -Occupant 10184 Adams Avenue 10126A Adams Avenue 10104 Adams Avenue Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 MOM s Aa3AV-0"08-L YOM fd7dW31�aA a� wi0 W'sas la l w°'4.VKW.v b-Al/19�2.29791 6u!iu ��'Y' �e� imp '' chage rapide www.averycom a Utilisez ie gabarit 5960mS---� 14 00-GO-AVERY 155-181-27 155-181-27 151-461-22 Occupant Occupant Occupant 10090 Adams Avenue 10052 Adams Avenue 9842 41,101 Adams Avenue Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 155-181-27 155-181-27 151-461-22 Occupant Occupant Occupant 1008$ Adams Avenue 10046 Adams Avenue 9842 #102 Adams Avenue Huntington Beach, CA 92646 Huntington Beach,CA 92646 Huntington Beach, CA 92646 155-181-27 155-181-27 151-461-22 Occupant Occupant Occupant 10086 Adams Avenue 10044 Adams Avenue 9842 #103 Adams Avenue Huntington Beach, CA 92646 Huntington Beach,CA 92646 Huntington Beach, CA 92646 155-181-27 155-181-27 Occupant Occupant 10084 Adams Avenue 10042 Adams Avenue Huntington Beach, CA 92646 Huntington Beach, CA 92646 155-181-27 155-181-26 Occupant Occupant 10078 Adams Avenue 10122 Y_ Adams Avenue Huntington Beach, CA 92646 Huntington Beach,CA 92646 155-181-27 151-461-26 Occupant Occupant 10076 Adams Avenue 20111`Brookhurst Huntington Beach, CA 92646 Huntington Beach,CA 92 646 155-181-27 151461-29 Occupant Occupant 10072 Adams Avenue 20061 Brookhurst Huntington Beach, CA 92646 Huntington Beach,CA 92646 155-181-27 151-461-24 Occupant Occupant 20100 Brookhurst 20001 Brookhurst Huntington Beach, CA 92646 Huntington Beach,CA 92646 155-181-27 151-461-28 Occupant Occupant 10056 Adams Avenue 9862 'Adams Avenue Huntington Beach, CA 92646 Huntington Beach,CA 92646 155-181-27 151-461-28 Occupant Occupant 10054 Adams Avenue 9882 Adams Avenue Huntington Beach, CA 92646 Huntington Beach,CA 92646 dre Labels A113AV-09-008-L VUo_9g d n I� �OziVERY�'r83799 6u ue wet I pressign antit?o1 rage e,a s6chage rapide www.averycom 3 -14100-GO-AVERY i 151 271 12 151 271 13 131 271 14 Robert Cavecche&Trisha Cavecche Wakabayashi Philip Larschan 9781 Kings Canyon Dr 9791 Kings Canyon Dr 9801 Kings Canyon Ds Huntington Beach, CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 151 271 15 151 271 16 151 271 17 Ming-sen Wong Hurtienne Russell Rodrigues&Kathy Lynn Rodri 10221 Slater Ave A107 9831 Kings Canyon Dr 9841 Kings Canyon Dr Fountain Valley,CA 92703 Huntington Beach,CA -92646 Huntington Beach,CA 92646 151271 18 151 271 20 151 271 21 Alvin&Kathleen Austin Sr. Ming Huey Cheng&Wang Fen-chu Ch Francis Arciaga Jr. 9851 Kings Canyon Dr 9871 Kings Canyon Dr 9881 Kings Canyon Dr Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 15127122 151271 23 151 271 24 David Bowman Hidetoshi Tr Okada Gerald Whitehead 9891 Kings.Canyon Dr 9302 Shadwell Dr 9911 Kings Canyon Dr Huntington Beach, CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 151 271 25 151 271 26 151 271 27 Bruce&Yoko Kermane Kenneth lwai a a Reik o Iw i llara Daniel arckstadt&Haydee Marcks tad 9921 Kings Canyon Dr 9941 Kings Canyon Dr 9951 Kings Canyon Dr Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach;CA 92646 15127128 151 271 29 151 27130 Bruce Bricks Robert Munoz Ron&Pamela Dobson 9961 Kings Canyon Dr 9971 Kings Canyon Dr 20162 Running Springs Ln Huntington Beach, CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 151 27131 15127132 151 272 01 Gregg&Kerry Myers John Tr Duggan David& Sheryl Hauehg 20172 Running Springs Ln 20192 Running Springs Ln 20222 Morristown Cu" Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 151272 02 151 272 03 151 272 04 Kim Vo Yueh hsia Lai Jeffrey Haueisen 9792 Kings Canyon Dr 9802 Kings Canyon Dr 9822 Kings Canyon Dr Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 151 272 05 151272 06 151 272 07 Myers Mousa&Ei.ma Hilary K H Tr Chan William Green&Donna Green 9021 Santiago Dr 9842 Kings Canyon Dr 9852 Kings Canyon Dr Huntington Beach, CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 151272 08 151 272 09 151 272 10 ;`teal Gruber Outman Donald Ward 9862 Kings Canyon Dr 9872 Kings Canyon Dr 9882 Kings Canyon Dr Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 AMAV-0"08-t wjL096S UVIdW31 @,LaAV es0 1A11 wox iGane mmm �I4U ® d�r���.LDS ii�t eNMw$. .... Irt � age rapide www avery com 09 Uial't 'y 1-800-GO-AVERY = - 15127211 151 272 12 151 272 13 Kiet Ilguyen&Kieutien Tonnu Marion Solotoff Kelly Ray&Nancy 9892 Kings Canyon Dr 18761 Flagstaff La 9912 Kings Canyon Dr Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach CA 92646 151272 14 15127215 151 272 16 Lester Obie&Flora Lilia Obie John Linder&Sara Linder Jose Grrnber!z 9922 Kings Canyon Dr 9942 Kings Canyon Dr 9952 Kings Canyon Dr Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 151 272 17 151 272 18 151 272 19 Doris Gerard Brett Baird&Julie Baird Mohammed Tr Qureslu 9951 Mammoth Dr 9941 Mammoth Dr 4152 Shorebreak Dr Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92649 151272 20 151272 21 151 272 22 Limbocker&Donald&M Limbocker Seth Daugherty&Sherrie Daugherty Thomas Tat Shiu Tam&Korinna Po-w , 9911 Mammoth Dr 9901 Mammoth Dr 9891 Mammoth Dr Huntington Beach,CA 92646 Huntington Beach,CA 92646 Hunting on Beach,CA 92646 151 272 23 151 272 24 151 272 26 Donald Jorgensen&Catherine Jorgense Maxine Tr Holsted Mohamad Said Elhurr&Raja Elhtur 9881 Mammoth Dr 9871 Mammoth Dr 9601 Erskine Dr Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 151 272 27 151272 28 151 272 29 Arturo Aviles Jr. &Roxana Aviles Kenneth Keane Jr.&Carole D Keane Hajime Uechi&Mayund Uechi 9841 Mammoth Dr 9831 Mammoth Dr 9821 Mammoth Dr Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 151 272 30 151401 10 151 401 11 Richard&Nelda Bass Anthony George Evelyn Andamo 9801 Mammoth Dr 9751 Olympic Dr 9761 Olympic Dr Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 151404 01 151404 02 151 404 07 Steven Kawatsld Khanh Do&Huyen Do Jack Aram Tr Sahagian 9762 Olympic Dr 9752 Olympic Dr 9751 Rainier Cir Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 151404 08 151 405 02 151 405 07 James&Lisa Lim Huang Jr. John&Kati Shinn David Van Winkle&Maureen Van Wi 9761 Rainier Cir 9752 Rainier Cir 9751 Cathay Cir Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 151405 08 151406 01 151 406 02 Edward Jackson Chung Ta Tseng&Siew Tseng Patrick Bolotin 9761 Cathay Cir 9762 Cathay Cir 9752 Cathay Cir Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 A1l3A"E"01" wi0965 31 w� gAddresS 1 �3e1'� wortiaMe Ah MM 6uPu a_ Pow .., Im ff -as 6cha9e rapide www avery com We - v . —3, 440040-AVER r �v 151406 08 151 461 01 151 461 02 Robert Soto&Dee Soto Toshiki Tr Takata Rex Liu&Gina Liu 9202 Santiago Dr 9781 Olympic Dr 9791 Olympic Dr Huntington Beach,CA 92646 Huntington Beach,CA 926,46 Huntington Beach,CA 92646 15146103 151 461 04 151 46105 Lorie Mae Grange&Gary Lee Batchelo Pacira Malapira Girard Tr Manke 9801 Olympic Dr 9812 Olympic Dr 9802 Olympic Dr Huntington Beach, CA 92646 Huntin---ton Beach. CA 92646 Huntington Beach,CA 92646 15146106 151461 07 151 461 08 Roy Hanaoka Dalia Iskander Robert Tr Stebbins 9792 Olympic Dr 9782 fllympie Dr 9781 Rainier Cir Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 15146109 151461 10 151 461 11 Malls Shui-chin Tr Chiu Joseph Aguilar Robert Tr Copeland 9791 Rainier Cir 9801 Rainier Cir 9812 Rainier Cir Huntington Beach,CA 92646 Huntington Beach, CA 92646 Huntington Beach,CA 92646 151461 12 151461 13 151 461 14 Douglas Brown&Rebecca Brown Joyce Tr Fidone C William Dahlin&G B Dahiin 9802 Rainier Cir 9792 Rainier Cir 9782 Rainier Cir Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 151461 15 151 461 16 151 461 17 Carl Tr Curtis George&Linda Medina Gil Takushi 9731 Cathay Cir 9791 Cathay Cir 9801 Cathay Cir Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 151 461 18 151461 19 151 461 20 Chinpyng Wu&Grace Hua Wu Gregory Carcerano&Leslie Carcerano John Tr Gorman Jr. 9812 Cathay Cir 9802 Cathay Cir 9792 Cathay Cir Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 15146121 151461 22 151 461 24 Kajita William&L 2nd&Vermont Associates Ltd Equiion Entrprs Llc 9782 Cathay Cir 4221 Wilshire Blvd"430 PO Box 4369 Huntington Beach,CA 92646 Los Angeles,CA 90010 Houston,TX 77210 15146126 151461 29 153 17101 Rodney Couch Bank:Of America Nt&Sa House Plaza Tocvne 6104 Riverside Ave 750 B St T1500 140 Newport Center Dr Riverside, CA 92506 San Diego,CA 92101 Newport Beach,CA 92660 153 17102 155 051 10 155 18104 Mark Sork Richard Tr Laventhol Downey Savings&Loan Assn 140 Newport Center Dr 14905 Tercer Verde PO Box 6010 Newport Beach,CA 92660 Del Mar,CA 92014 Newport Beach,CA 92658 AMAV-09-008-1 �� —096 W31%rn m omwv Sddress La els worAjenemmm 6u4u. �a6pnet iFri 3`s'9�i l ul� aA- 6chagerapide www.avery.com YV .a r--`""-"_�`" :' Utilisez le gabarit 5960mc 1-800-GO-VERY A'ERYO 59 o- 073 155 181 05 155 181 24 155 18127 Downey Savings&Loan Assn Business Properties Partnership No 15 Business Properties Partnership No 15 PO Box 6000 Melvin Tr Schantz 17631 Fitch Newport Beach,CA 92658 32 N Vista De Catalina Irvine,CA 92614 Laguna Beach, CA 92651 155 19109 155 19110 Kenneth Tr Walker Richard Roupoh &Joyce Roupoli 20191 Princeton Cir 20181 Princeton Cir Huntington Beach,CA 92646 Huntington Beach,CA 92646 John Warren Target Corp. Pacific Land Services 1000 Nicollet Mall 2151 Salvio St. , Ste. 250 Minneapolis MN 554-03 Concord CA 94520 W �® \ J address Labels Aa3A`e•o�-oo$-i w�Ndg� r% .� = Ids.a'kt+.vr_r wo3IaA8e•MAI1M 6u!wpd aefi3-ApnwSObAter NoTia*K f llmTHEofft t1TT fNON em PROOF OF PUBLICATION June,i"atl°" a°"aay June .19, 2006, at 6:00 p.m.in"the City CouncN Chambers, 2000 Main Street, Huntington' Beach, the City:Council will hold a public hear- STATE OF CALIFORNIA) ing on the following planning and: Boning items: ss_ v 1.APPEAL OF THE PLANH1111"' COMMiS- S11ON'S APPROVAL OF COUNTY OF ORANGE ) Ewa a RE- NDffMAt USE PERMIT NO.08-35 trARGET - TRiti!f 0E- I am a Citizen of the United States and a ilVity HOURS 9882 "AMSk resident of the County aforesaid; I am and Mayor s"�n and Council Member over the age of eighteen years, and not a Green Applicant:.City of Huntington Beach Re- party to or interested in the below entitled v "on month Use view of Conditional Use Permit No. 03-35 as re- matter. I am a principal clerk of the quired under Entitle- ment Plan Amendment HUNTINGTON BEACH INDEPENDENT, No. 05-01, approved by ,the Planning Commis a newspaper of general circulation, Sion °T serev e i 27, 2005. The review is to ensure compliance with printed and published in the City of the approved conditions of approval regarding. Huntington Beach, County of Orange, loading and delivery op- erations for the Target State of nd that attached "am 9882 store:LAve- California,t tiwu 9882 Adams,Ave- nue•(southwest corner Notice is a true and complete copy as of Brookhurst St. and ,Adams-Ave.): Preloct was printed and published in the P��r PaW of EBY Huntington Beach issue of said GIVEN that Item No. 1 is covered under Miti newspaper to wit the Issue(s) of. gated Negative Declara tion No. 03-02, ap Proved in ponjunetion with the project. ON FILE:A copy of the proposed request is on file in the Cityy'Clerk's Office, 2000 Main Street, Huntington Beach,California 92649, JUNE 08,200E for inspection by the, Public- A copy.of the staff report will, be available to interested ,parties.. at the City Clerk's Office' '.on (Thursday before meet ing)June 15,2M. ALL INTERESTED PER- declare, under penalty of perjury, that SONtend are `heard to ad tend said hearing and express opinions or sub, the foregoing is true and correct. mit evidence for or against the application as outlined above.If you Challenge the City Coun- Cits-aetion in court,you Executed on .TUNE 08,2006 may be limited to rais- ing only those issues at Costa Mesa, California. you or someone ,rise raised at the public hearing described in this notice,or in writtencor respondence delivered to the City at, or prior to,the pubHC hearing,it there are any further question& lease calf the< Signature Planni t�tment at 536-521;and, refer to the above items. Direct your written communi- cations to the City Clerk. Joan L:Flynn,City Clerk Cay otHuntington Beach 2000 Main Street,2nd Floor Huntington Beach, _ California 9Z6.A8 714.536-52'27 Published Huntington Beach'Independent lane 8,2006