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HomeMy WebLinkAboutUse Permit 85-34 - Nibal F. Sidhom - Warner's Mobile Servic 41h0411ea to Pub1,th Advrhfervranlit of w kinds wK O++CM� �y not►cb% by taetree of Ine SupM�or court of Ord Counlr C.;►fo► •.a. N4mtar A•6214 aeua 29 seplembee 19fi 1 era ?,, A 1443, OaleO 11 Juna 1963 QIN i/IG� STATE OF C-ALIFORNIA o✓l +++�^'� County of Orange QPr 0 'M My�w y w w ► 0�+ am a Citizen of the United States and a resident of the County aforesaid. I am over the age of elghte" years, and not a party to or Interested in the below entitled mailer I am a principal clerk of the Ora Coast DAILY PILOT with which is combined NEWS PRESS. a newspaper of general car silo printed and published in the City of CO! Mesa, County of Orange State of California. and at a I'ubl li H�•is rin(I Nonce of _ _ ------- C, of whicn copy attached hereto is a true and complete copy. was printed and publishers in the Costa Mesa. Newport Beach, HL-ntington Beach. Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of sa.d newspaper for _-L s.n o0woKahmWase" to wit the issufsfsl of _c. u tJ► r ^ 198 -- 19t1 . 198 I declare, under penalty of per)uy, that the foregoing Is true and correct. Executgd on _ October __ 1 . 19� at Cast& Mesa, alifornia. , &.an" Sfgnaturfs S -3 4",& CITY OF HUNTIN ON BEACH 2000 MAIN STREET CALIFORNIA 926" OFFICE OF THE CITY CLERK November 18. lg85 Nibnl f . 1idhom Darner Mobil 5972 'Warner avenue Huntington Beach, CA 92647 The City Council of the City of Huntington Reach at its requiar meetinq held Monday, November 18, 1985 , denied your appt:-.4 to the Planning Commission approval of Condition No. 8 of Use Permit No. 85-34. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094. 6 of the Code of Civil Procure of the State of California you: have ninety days from November 19, 1985 to apply to the cnurtn for judicial reviriv. If you have any question, regnrdinq this matter, please contact our of Fic� _ 5jt,_52Z7 . I Alicia M. Wentworth City Clerk AMW:CB:js Enclosure cc: City Attorney Development Services Director tTi�.a< s1�1 REC?U 8 7 FOR CITY COUN&L ACTION c w0,#9Leo woj ro /1�k/ r c21 1985 Submitted to: Honorable Mayor and city Council Submitted by: Charles W. Thompson , City Administrator Prepared Iv . James W. Palin , Director , Development Services Sub*t: APPEAL TO PLANNING COMMISSION ACTION TO UPHOLD CONDITION' NO. 8 OF USE PERMIT NO. 85-34 WHICH PROHIBITS THE. SAFE OF BEER AND WINE AT All I'XISTING GASOLINE S17WICE STATION Cofaiatent with Council Policy? t)d Yet ( New Policy or Exoeptiw Statement of Imn, Ptevomm rWmion, Anelyiis, funding Source, Ahwtwdve Action, A"m6n opts: The City Council , at a September 16 , 1985 public hearing , voted to uphold the Planning Commission ' s action to require Condition No . 8 of Use Permit r4o . 85-34 . The condition prohibits the sale of beer and Wine at an existing Mobile Service Station at the southweut corner of Warner and Springdale . The applicant , Nibal F. Sidham, did not receive an appropriate notice of the September 16 , 1985 public hearing . Therefore, it has been determined that a aecond public hearing be conducted with complete public notification . This will provide the applicant an opportunity to represent himself at a public hearing before the City :ouncil , ATTACHMENT: RCA dated September 16 , 1985 JWP. FW, k 1 a ( 3457d ) wv� September 26 , 1985 City Council City of 10int.inaton Beach 2000 Main Street Huntington Beach , California 92648 Re : USE PERN,TT NO. 85- 34 Gentlemen : This letter is to inform you that we were unable Lo attend the City Council meeting on the 16th . of September due to the late receipt of the notice and council agenda . When the notice arrived and it was apparent that we would not be able to att•end, we sccke to Mr . Bob Franklyn by phone and he recommended that we send this letter of explanation and request another date for the hearing of our case. We would appreciate a date by early November 1985 . Should you have any questions or comments pleafse call 842--8506 . `hank you for yuur cooperation . i Sincerely , Nibal F . SifJhom WARNER ' .S MOBIL 5972 Warner Avenue Huntington Beach , California 92647 SEP 30 IM CM OF H�!NC�7aFF i REQUEST S " F O R CITY COAL ACT*N ors __r_rr~ Se 2 t C M e r lfi- 119.5 ..._ Submitted to: Honorable Mayor and City Council Sulmnitted by: Char len W. Thompson , City Adminlstrdter Prtprrrwd by: James W. Pnl n , Director , Development. Services y Ili. �b�; APPEAL TO , LA!E! I! G CO:!!d1SSIGE ' 5 AC : (7N TO UPt{0 CONDITION NO. 8 OF USE PERMIT 110. 85-34 WHICH PROHIBITS THE SALE OF BEER AND WINE AT AN EXISTING GASOLINE SERVICE STATION q'IL0,00 I Consi~ with COWW1 Policy? M Yar ( ? New Polwy or Excapti " �e Statenwnt o1 lem, Recommand"ion, An'y*, Funding Souroa. Ahemsthv Action, Atted Imola: STATEMENT OR ISSUE: Transmitted for your consideration is an appeal filed by Nibal Sidhan , owner of Warner 's Mobile , to the Planning Commission 's action to uphold Condition No . 9 of Use Permit I:o . 85-34 ( Board of Zoning Adjustment approval ) which prohibits the sale of beer and wine in a snack shop operation within an existing gasoline service station . The appeal ir aas�!d on the applicant ' s assertion that there are other locations in Huntington Reach that combine the sale of gasoline with beer , wine and food at the same site. RECOMMENDATION: Planning Commission action and re.- nendation : ON MOTION BY ERSKINE AND SECOND BY ROWE, THE PLANNING COMMISSION DENIED WITH FINDINGS AN APPEAL TO CONDITION NO. 8 OF USE PERMIT NO. 85-34 WHICH PROHIBITS THE EAL£ OF BEER AND WI`IE BY THE FOLLOWING VOTE : AYES: Rowe , Winchell , Schumacher , Porter , Erskine NOES: Livengood ABSENT: Mirjahangir ABSTAIN: None Staff recommendation : Deny the appeal anc uphold the Planning Commission 's action to prohibit the sale of beer and wine in a snack shop operation, within an existing gasoline service station . ANALYSIG: on .rune 6 , 1985 , Nibal Sidhan , owner of Warner 's Mobil , applied to the Board of Zoning Adjustments for a use permit to allow a snack shop gasoline service h p operation in an exiting gas in station located on the southwest corner of Springdale Street and NarneX Avenue. Use Permit No. 85-34 was conditionally approved on June 26, 1985 . The applicant is appealing Condition Number 8 which statea ''No beer or wine sales are permitted . ' The Board cf Zoning Adjustments differentiated between packaged items which can be l ?gally consurnLd while in transit and items that cannot be legally consume,,' while in transit . Packaged foods were 9 Y determined by the Board of Zoning Adjustments to be appropriate items for a snack shop operation; beer and wine were determined to be inappropriate items for a snack shop operation. Convenience markets offer an increased array of goods which dre usually not consumed in transit but rather are transported and consumed at home , a picnic, or similar recreational pursuit . Snack shops offer a limited amount of packaged goods generally consumed in transit . Therefore, the sale of beer and wine was determined to be inappropriate for a snack shop. The City Council has adopted a position to direct staff to process a code amendment that would exclude the sale of gasoline and alcoholic beverages at the same site . On August 5 , 1985 the Planning Commission voted to uphold the Board of Zoning Adjustments exclusion of beer and wine sales at this location . The Planning Commission went a step further by voting in a notion to supporIc the City Council 's direction frr staff to process a code amendment which would prohibit the sale of beer and wine in :onjunction with the sale of gasulir- . There was a tie vote of 3 to 3 ( 1 absent ) on the motion , therefore , the motion failed . ENV I RONMENTA L STATUS : 'The proposed project is .--7, gorically exempt pursuant to Section 1530: from the previsions of `he California Environmental Quality Act . j FUNDING SOURCE: Not applicable. ALTERNATIVE ACTT ION. Approve the appeal and allow the applicant to sell beer and wine within a snack shop operation at the subject gasoline service station . ATTACHMENTS : 1 . Letter dated August 14 , 1985 Z . Staff Repart dated August 5 , 1985 JWP:RLF: kla RCA - 9/16/85 -2- ( 3102d) S a I_r Auq►ast 14 , 1985 ►lonorable Mayor Huth Dailey and ►iuntington Seach City Council 2000 Main Street Huntington Deach, California 92648 a,- Ite : USE. PERMIT NO. 85- 34 11onorable Mayor Ruth fjai ley : I would like t_o appeal the decision of the: Planning Commission denying my request fr: use permit t E15- 34 . Ilad this denial been based on a law I would not continue in my appeal . However , it was made clear that c.his was arbitrary decision and that I must appeal . I base my appeal on the follow_ riq : 1 . That there are other locations i :-, Huntington Leach that sell gasoline, food , beer and wine all from one store/station ( ic . Station on Gol►.jenwest and Balsa Ave . ! . 2 . Since there are two liquor. stores ( one in the same shopping center were this station is located and one across the street ) and a Thrifty aruq which all sell beer. -nd wine Close by It is reasonable that we could have mutual rustorners shaping for gasoline then beer or wine on the same trip . My point is that making availahle snack foods , soft drinks , beer rind wine at Warner ' s Mobile creates no added risk to my customers and the public but only the same one Stop cenvienance found already aL other store/stations in Huntington Beach . It is also possible that � new revenue sources could come out of this as those one time customers on their way to a picnic or to the beach might purchase that Last minute item here when they wouldn ' t otherwise make a special stop in route at a local store . Obviously, I offer the other local store, se1linq these items no serious competition due to the small nature of tH s convienanrr/snick shop compaired to their large inventored stores . 3 . I would like to mention that the C .airman of the Planning Commiss- ion voted in my favor and cited it unfair to not give me the same kind of "use permit" that has been issued to other, stations ( allowing the same use that I am currently requesting ) . Other members of the Planning Commission turned down my request on an emotional and arbitrary basis . 1 now formally LVqueat this injus- tice to be righted in the interest of fair and equal treatment in view of pest approval of this simular request made by other stations in Huntington Beach . ResRe4fully, Nibal Sidpm WARNER' 5 l�D�I L 5972 Warner Avenue Huntington Beach, California 92647 huntkv@W Wach devwlopmont tarvicen department FF 1EpOR TO: Planning Commission FROM: Development Services DATE: August 5, 1985 SUBJECT: APPEAL OF CONDITION #8/USE PERMIT NO. 85-34 ( BZA APPROVA'7) APPLICANT: Warner 's Mobil DATE ACCh:Ii � . Ju y , Vc ti5 F. UEST: Appeal of candition 18 MANDATORY PROCESSING DATE: of BZA app oved Use Permit Ccto F.r 1 , 1985 No. 85-34 which excludes the sale of beer and ►,pine in an approved snuck shop ZONE: C4-Highway operation within an ca;merctal District existing gasoline service station . LOCATION: 5972 Warner Ave . GENERAL PLAN: General Commercial ACC: 9 , 000 square toot lot EXISTING USE: Gasoline Service Station 1 . 0 SUGGESTED ACTION: approval of Use permit No. Uphold the Board of Zonin , Adjustments ppc 65-34 and condition f8 which prohibits the sale of beer and Vine at an existing gasoline service station based on the findings outlined in Section 6 . 3 of this report . 2 . 0 GENERAL INFORMATION: I On .Tune 6, 1985, Warner 's Mobile applied to the Board of Zoning j Adjustments for a use permit to allow a snack shop operation in an existing gasoline service station located on the southwest corner of Springdale Street and garner Avenue. Use Permit No. 85--34 was conditionally approved on .rune 260 1985 . The applicant is appealing condition number 6 which states `No be-er and vine sales are permitted. • �•IrasA 3. 0_ SURPOUNQING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS : North of Suby,ct Property : GENERAL PLAN DESIGNATION: General Commercial ZONE: C4--Highway Commercial DistrieL LAND USE: Gasoline Service Station East of subject Property: GENERAL PLAN DESIGNATION: General Commercial ZONE: C2-Community Business District LAND USE : Gasoline Service Station Soutb of Subject Property: GENERAL PLAN DESIGNATION: General Commercial ZONE: C4-Highway Commercial District LAND USE: Retail EstabliEhments West of Subject Property: GENEF.AL PLAN DESIGNATION: General Commercial ZONE : C4--Highway Commercial District LAND USE: Liquor Store and Fast rood Establishment 4 . 0 ENVIRONMENTAL STATUS : The proposed project is categorically exempt pursuant to Section 15301 from the provisions of the California Environmental Quality Act . 5 . 0 ISSUES AND ANALYSIS : The central issue regarding Use Permit No . 85-34 was the discussion regarding snack items displayed for retail sale in the office of the subject gasoline service station . The discussion at the June 26 , 1985 Board of Zoning Aajujtments (BZA ) meeting differentiated between packaged snack items which can be legally consumed while in transit versus beer or wine which cannot be legally consumed while in transit . Thom BZA determined that beer and wine bales are not appropriate for snack shop operations . Also, in this case , there is a very large scale liquor establishment ( Liquor Barn ) located adjacent to the west and another neighborhood liquor store acrosa Springdale Street to the east . The close proximity of off-sale liquor establishments was taken ;nto conelderation by the BZA which further justified prohibiting the sale of beer and wine in a snack chop operation within an exieting gasoline service station . Presently, beer and wine sales are p* rmitted at gag stations pursuant to section 9430. 6 (b ) , C2 - COMmunIty Business District . Convenience markets cows-biped with gasoline stations are perm, tie subject to the review and approval of a conditional use permit . The intent of this staf f Iteport - 1/5/15 i2.6 provision in bas*d on the rationalo that convenlence rackets offer an increaae!d array of goods which are Usually not consumed its trensit but rather transported to a destination for conaumptfon li .e . , a home , picnic, orb similar recreational pt)rsuit ) . Snack shop• offer a limited xatount of packaged goods and the inclusion of beer and *tine � sales cannot be -lust i f ied. 6 . 0 RECOMMENDATION: Staff recommends that th '- Planning Commission uphold the Board of Zoning Adjustments approval of Use Permit Hco. 85-34 which prohibits � beer and +yin,-, sales . FINDINGS FOR APPROV %L: 1 . The ectablishment , maintenance and operation of the ttse wit i not be detrimental to : a . the -jeneral welfare of persons residing or working in the licinity ; b. Property and improvements in the vicinity of such use of building . 2 . The proposal is consis'�e.nt with the CIty ' s General Plan of Land Use , CONDITIONS OF APPPOVA L 1 . A revised site t.,si1 of suitable scale depicting the modifications det.cribed herein shall be submitted and appl:oved prior to issuance of a building hermit . a . Landscaping in compli.nce with S . 9482 . 1 . 1 . b . Minimum of 5 parking snares in compliance with Article )79 . 2 . ran. scape aria irrigation plan to the Department of Development Services and Poblic Works for review and approval . 3 . Landscaping shall be installed and approved prior to new use . 4 . The development shall comk *.y with all applicable proviaions of the Ordinance Code , Building Divisicn , and Fire Department . 5 . The major :.dentificaticn sign shall be removed or +altered to comply with Article 948 within ninety ( 90 ) days. 6 . All signs shay comply with Articles 948 and 976 of the Huntington ReA.--h Ordinance Code . 7 . A revised Certificate of Occupancy shai 1 hi isr.00d . 8. No beer and wine salt* art permitted. Sta f'i Report - 1 . Area map 2 . Site plan and floor plan dated June 6 , 1005 3 . Minutes from the .June 26 , 1985 Board of Zoning Adjustments meeting 4 . Letter datv,J July 5 , 1985 JWP: R : kla i 1 steer Rawer -4- at OL 1; all49 1 at 1 we w-.-. -. OWNER - f _ } • l E cl RI i RI i AI ` R= RI RI RI 11 )1 � ; -*-. RII r. ( - j a i CF-R .v RI At R I RI -- 7) r ! ) i Et RI RI -t I RT R► RI RI R PI C F E 9 RS a U PS 5 34 Agra Cal { ! UpOMOTCH WACH PLAMMMO OIVISOM c .c'''"'t 11v-C7 DALE 00 0 .� _ SITL t�► + }� � �++ + I'_• � ' � ''����!1�•L ITE -t L Cl! CODEuA Dti - TC y w ..... LJ t i Ct CD cn Nr > cx cc w Wlcc PAR K � rh Q SHELV_r r f I z r n cn • a, :..: i i } U� o I WSJ N DING EGIS1ER ' e o p F j L. - — �.M see r d inutes , H. B. Board of Zoning Adjuutments OBW., ne 76 , 1985 Pa . N 7 0 "Z F / 2 . chanting r1 t' a con di t i nnii 1 oxci!I)t i on i .-, lirce,nary in u er to preserve the Enjoyment of one- om ore substantial pro e.►rty rights . , 3 . 9'he 9 nt i ng of Conditional Except iori No . 85-33 will not be materia ly detrimental t_o the put�3.ec welfare , or in )uriouz to prope y in the same zone cla)rsif icat ions . The side yard is current y enclosed by a 6 f96t high block wall which screens the side yard . 4 . ho- granting Z hel condi e onal exception will not adversely en affect the Ge\,allan, -if the City of Huntington Beech . CONDI 'II(ANS GE APPROVAL 1 . The site flan , %'loor ' j)lans , and elevat ion^ receivs--d ano date-d June 6 , .-f985 sha11 t)e the approved layout . The nEvelplerri nt shall co ', 1 } with all applicable l:ro , i % ions c}f the O,edinance, Code , UniNlrm Huiloinq. Ce,cie , Puilding Divi • iA , and Fire, Deparr mi►A . i . Tho.-/ap ►Iicant is encouraged to pt-ovicu a6d ., zional LAridscaping on the interior side of the block well t-uffr.r AhE proposed addition . AI, ' . Cranner , Evans , Smith , Vincent \ �+ ? USE: PERMIT NO. 65 - 34 Applicant : t.arner ' s Mobil • A :equest to permit a snack shop in art exist inq -service station . this request is covered by Categorical ExeI,rti (!n , Class 1 , California Environmental Quality Act , 1979 . t Scott. Mess reported that staff recommends approval with conditions and recommended a revised site plan depicting the Modifications be submitted. Clen coufrey' suggested adding a condition to limit the sire of the shelves ano coolers to what is shown on the plan . baryl Smith opened the public hearing. 12�11d � -7- Minutes , H . H. board of toning Adjustment, June 260 1985 Apo% Page 8 rear Hibal Sidhnrn, the applicant was present , he asked the •13oard why there was a condition that excluded beer at wine sales as other service stations in Huntington Beach sell beer and wine . There was general discuss :.on by the Board members regarding the . problems that have occurred with thin type of use and indicated that the City Council has requested this be part of the conditions for approval . There were no other persona to speak for or against the item and the public hearing sas closet . UPON MOTION SY EVANS AND SFCOND I'. Y CRANF.i.8 ; USF PERMIT NO. 85'-34 WAS CONDITIONAI.I.Y APPNOVE:D, SY THE FOI.I,0WING VOTE: F• I ND I NG'S F OF l PPP0VA I. : 1 . The ostahl ishmr—nt , maintenance and. opc,rat ion of Lhe use Will nut be deL r iment a 1 to: it The general welfare of pet sons, r en idi ng or working in the vicinity : h . Property and improver-.vnts in they vicinity of such usz, or building . .'. . 'Iiw proposal is consistent with the City ' s General Plan of Land Use . CONDI110t, OF APPROVAL.: i 1 , A rovised site plan of suitable scale aepictinU the rota f ications described herein shall subtri tied and approved pr •. or to issuance of a building permit. . a . Landscaping in compliance with b . 10inimum of 5 parking sprites in cor!pl iance with Article 979 . 1 I � 2 . Landscape and irrigation plan to the Department of Development Services and public Works for review and 'y approval . 3 . landscaping shall he installed and cipproved prior to nerr use. ; 12811d1 Minuxei , N . H. 8oar" I( toning Adjustments June 26 , 1985 Page 9 4 . The development shall comply with all applicable provisions �+ of the Ordinance Code , euildina Division , and Five Department . , •. . 5 . The major ident if i cat ion r. ign s hell he iemovva or altered to c017411y with Art isle 948 wi thin nint,t y 011 ) tinyn . (I . AI i :; I (Iris ::h.11 I roruldy wi t h Art icl It4H •111t1 Q76 Of Olf- Ifillit indton beach Ordinance, Cociv . 7 . A revised Certificate ut Occupancy shall be issued . 8 . No beer and wine sales are hermi tt.ed . 9 . This Use Permit shall not become k, ffective rintil an 'Acceptance of Conoi t i ons' form has been signed and notarized by the applicant and the prt,perty owner . 10 . 1he Hoard of Zoning Adlustrients the right to revoke this; Use Permit if any violation of t. ho,se conditions of the bunt i ngt on Reach Ordinance Code occi. r : . I1 . Thy, food area shall she in stio ; tantial confortrance to 00,-St. t loot plans dated �, -G-65 grid sh�� l 1 not exceed a floor ��rert �.y of I :tl squart, tE�t�t- . AYI'S ± r,,nri r , Vvan:; , rodfri y Snit h , Vincvrit. N UU!: : ?"on" A ;Vtq'1 : gone, IISF 'F'PM 1 i' Applic t William F . F11is/Seaclrft ViIlayt, A request t'tr,�ermi t a temporary tone day ) out r:oor event. - .tu ly 40 1985 . This request is co-Vered by Cstvgor i cal F'xenpt r on , Ciao::. Cal ifornia Fnvironmentyl Quality Act , 1970. Staff recortimended approval with Conditions as presenteu . Daryl Smith opened the public hebting. William MIS ,, the applicant was pre s'ent . Nc, stated that all of the :pond i t i ops have been met . t2811d ? i i f 1 July 50 1985 N Mr• ..,0Glen K . Godfrey , Secretary ,� .• : Board of Zoning Adjustments �f fJJ�• . P. U. Box 190 J Huntington Beach , C . lifornia 92648 , . j Re : USE PERMIT NO. 85-34 uc_ar Sir : ti 1 thank the board for approving the plans to incorpor:.t e a snack shop in I ar•ne r s ' s Mobil . However , r am appealing the "Condition of aapi-rovaal = H . Uz) bear and wine sales are s perm it .ted . " . If this condition is based on city law I will S accept it . TL there is no lrgal reason for tnis condition please accept this Ict;t^r aI an apptc arl . I base ray ahOrdl on the fact that there are other locations in bunt ington Beach that. sell gasoline ,ine , food , beer and wind all from one store/station . Further , since there are two liquor stores (one in the same s;hoppimr center were 'ry staat.lon r :; located and one acrot:s; the street ) ,and a% Thrif- v Drun which all nol 1 beer aan,l wine c•lost, by it is reaascjnald That wo could have met u,-rl c•ust.oR�ers sahollimi fcir 1.► sol ins• t h►�r; t,aai,r o- 'eine on thf, sornr t: rtp . My point is; that nakiriy (11:,It lable snack fools; , sett drinks , haaa : .inc w•ltic .at. ka�rnl-r ' s; Mobi 1 c:reatc•s no addoii rink to tr,y -us;t -nmrrs and the public- but only the saa,. a om,, rtor c nnv1enanc found at other stor ­_�/stat! uns in tho !(untincaton liea7ch . It isalso possiblk� that new revenuo sorces could como ow, of thim as those Ono' t imo customers on their way to a picnic, or to the beach mAght Purchase t h it last mi nutL, --nen they wouldn ' t other- wi so make a special stop In rc.:t as a- s lcca 1 store. Obvious- ly , I could of for t.hr� other local nrorf�s selling the,(- items no Serious c+ompt-!I t t i on glue to t.ho small mature of this convi enaanc.e snack shop cornpa i re,l to t hc: i r large inventored stores . Waiting your response on clar : f : cat. ion and hopefully adjustment to condition b , 1 thank you for talking time in reviewing this appeal . Respectfull ► , Nibal F . �Edhom WARNER ' MOBIL 5972 14'arner Avenue Huntington beach,-California 92647 CffY OF HLX*J!'W N P40fl MAIN STREET CALIFORNIA IMM OFFICE of TM CITY CLERK October 22, 1985 Nibal F . Sidhom Warner 's Mobil Service 5972 Warner Avenue Huntington Beach. CA 92647 The City Council of the Clty of fkxitington Beech at its regular +geetIN held October 21 . 1` 8 5 .approved your ret�purst for a continuance of the public hearinn on your .appeal to boveoober 113, 1Q85. Please enclose Sio xo pursuAnt to Reso!utton Na. 5154 of the City Ccxxrcll to cover the costs for sold con"imiRnce. Alicia M. Wentworth City Clerk Enclosure I fri�lir�aw iM��l i I I I I SYATEMIIN T -- IN ACCOUNT WITH City of Huntington Beach gctotw.r 22 Nibnl F . Sidhom Wnrnes ' s Mobil `iery icr_ 5972 Warner Avenue. Huntinq'.nt% Beach. CA 92647 Continuance of Public Hearinq s�.ao P1emp, make check parable to: CITY OF HUNTINGTON REACH OFFICE OF THE CITY CLERK MW MAIN STREET HUNTINGTON BEACH. CALIF. 92644 I, co� ►4 N Cl 7 ` r1CtL Md NT �"' C fF • C D 17`10r� �' v � f'PJPa ✓� c u f �d E �FR '' �' � " c E�vTjFrl f 0%/ - c p t pot w e��c A °P(� ECIA %f 1 T If yr r j �� ...� car /� PPCORt o ►�L ,} ti � IAJC ot►li� fic' pppRoVAG rRJM �.r� y or TO �,, � /9 � S AS vvT oja %; ( p4d (0? I � Rao ✓ 7-/1 f E KI N S t.1 f g ti �: YL Y S I AJ • cr, Y � ���1 p/AIP�ER Avf rN . C • 91�fi .... 41 �i i -77 LWAL PorIC2 Mmcat or mule srAM a-� or APPUL TO KAMIAG 00WISSION'S APMOVAL or CIMITION 16 or APMOVAL of USE POUQT 085 .34 NOTICE IS HIRZBT GIVEN thet the Huntington Beach City Council will hold a public hearing In the Council Chamber at the Huutiu&ton beach Civic Center, 2D00 !lain Street, Huntington Beach, California, on the date and at the ttae indicated below to receive and consider the statements of all persona who wish to be heard relative to the application described below. � 4ATE: Monday, October 21, 1965 TIME: 7: 30 P.M APPLICATION WM IK: Use Permit $65-34 LOCAT7,ON: 5972 Warner Avenue on the southwest corner of Warner Avenue and SpriaSdale Street. d n ''� h s of PROPOSAL: ?o consider appeal filed by Nibal F. . id aa, owner Warners Mobil, to the Planning Comrisslon's actiou to uphold the Board of Zonis! Adjustment 's approval of Condition 08 of Use Permit 165-34 which prohibits the sale of beer and wise at an existing gasoline service 3totion in the C4 (Highway Commercial) toning district. Public hearing held 9/16/85 and I,s being re-steam as appellant , inadvertantly was not notified. DKVIgQ UWAL STATUS: The proposed project is categorically exempt pursuant to Section 15301 from the provisions of the California EnvironeentAl Quality Act . ON Flu: Documents regarding the proposal are on file to the Development Services Department. ALL WTERESTED PERSONS are invited to attend said hearing and express opiaims at submit evidence for or against the application an outll"d above. All applicatims, exhibits, and descriptions of this proposal arm an file with the Office of the City Clerk, 2000 !fain Street, Naatiagtom remth, California, for ittispaction by the public. MWDICiON SUCH CITY COUNCIL ly licia s A H. Wertwwth j City Cie* how (714) "6-3"S IP di . WTICE Of IPUKiC lEMNC "MC a ra C. �Naawb"" at tha 9M *` 0 M�� , Cal i forni a, as tba date and at the time 1"itaud bel Meay to r*tti a iod �:llurttthe e describedttsb+eloM.l ��* MM.a Wish to be ar{d relative app DATE: TIDE: �• ._ . . AprucAnw NOW: JMJ CJW. LOCATION lei 2-16T-TILA6 p AL: A - ddi tional 3DOO square! foot wilding to a Inter plan. postd t� approv . ttlack fray the Beach 6oultvard provi de a Zt'-foot p i_i pal Code requires a right_*f_ s thr nt yard setback 'FM gears rd. n0A,e of tat ng tio� - �t•1wr � i s eaMpc rc� tnvi ro1+rental i"ct o,-tA0rrnti0n. • + to att"d sold heart and • s aims � ! a� i�t�r deed or �d■aoa W. Mplost tMo "l icaties at : 1 I.head s: � daa�i � of it S I 1 ae M file r�� . 40 , ,w r.� r ,AYi11M�NM N f�uMali Ae�Irin+MMrirMi M i11 Meewi a� nefieM by OeCrhli of the swoww Cowl of 0(&"G owmr. e*Mw *. NW O& A•42 14. dilid 21 5011111 nlMM 1N 1. am A 1463 1, 041101111 11 Jrnv, 1663 STATE Of CALIFORNIA t1��• County M Orange PAM %mum " r. rV~ r rM w 1 pow .ow 10 t"taftow■ro am a Cltii*n of the United Staten and a residenl of the County aforesaid. I am over the ape of ale, 191111n yous• and not a party to or interested in the tfelow entitled mat1M I am a principal cttirk of the Orargo Coast OAILY PILOT, with which is combined the ��` _�, v I,�• NEWS-PRESS. a newspaper of general circulation, " F printed and published in the City of Costa Mersa, 1 County of Orange. State of California. and that a ' Notice of .__ Public It e a r i n l�� of wf ,ch copy attached hereto is a true and complete copy. .vas printed and published in the Costa Musa, Newport Beach. Huntington Beach. Fountain Valley. Irvine, the South Coast cot , nunities and Laguna 1 014.Tdow '7 Beach issues of said newspaper for _ I t i Me oCetllsclii�Ko wit the issue(s) of �I September 198 198 19a dWJWG. under penalty of perjury, that the forfl>igotng is true and correct. � scutod on Sept-umber h �98 aM Coal Allen, California. I M, OF MAIN STREET C11LII�OMIMiA SOW CWn= a THt My CLEM f September 279 1985 Niba1 F. Sidhom earner Mobil �972 Warner Avenue Huntington ©eoch, CA 92647 The City Council of the Citv of Huntington Beach at itsttu Plaarx**etinq Monday,, September 16, 1965, denied your q*eal to inq Commission approval of Condition NO. 8 of Use Permit .lo. 05-34. This is a f-nal decision. You are hereby notified that puruuant to provisions of Section 1094.6 nf the Code of Civil Procedure of the State of California you have ninny dayn from Septeaber 27i 1995 to apply to the courts for judicial review. it you have env questionv, regarding this natter, please contact our office - 536-5227. Alicia M. Wentworth City Clerk AMW:Ce:jR Enclosure ` cc: City Attorney rector Delapaeret Sery iceg di w ; .1 c, Publish: 9/5/S5 NO'TICB OR PUBLIC HEARING APPEAL TO PLANNING COMMISSION 'S APPROVAL OF CONDITION 08 OF APPROVAL OF USE PERlUT 185-34 NOTICE IS HEREBY GIVEN That a puhlis hearing will be held by tho City Council of the City of Huntington Beach , in the Council Chamber of the Civic Ctnter , Huntington Beach, at the hour of 7 : 30 P . M. , or as so.-in thareafttr as possible on Monday , the 16th clay of September , 1985, for the purpose of i considering an appeal filed by Nibal P . Sidhom, owner of Warner ' s Nobil, to the Planning Commission ' s action to uphold the hoard of Zoning Adjustmcr,t ' s approval of Condition 18 of Une Permit $ 85- 34 which prohibits the sale of beer and wine at an existing gasoline service station in the C4 (Highway Commercial) zoning district . The subject property is located at 5971 warner Avenue at the southwest corner of Warner Avenue and Springdale Street . I A legal G�!scription is on file in the Department of Development Services. All interested person, are invited to attend said hearing and txpr*ss their opinions for or against said appeal . i Further information may be obtained from the Office of the C:t;' Clerk, 2000 Kafn Street, Huntington Beach , California, 92648 - (714) SIG-S227, D►T90s September 3, 1985 CITY OF Sys Al icii N. MMtWftth City Clock C. Poo. AW M71P ftm #AMA1W ZPW AaSoJ&tlr IWAM JCS t8jol"Ja awpewts piano 3903 Ridge ont Drive �t newhe CA 92"0 X"Ibu, CA 90265 1�OM0�1 A diatz4u prim Irwttawtam X"ch, CA 92649 �.i Six t 830 S. balmy Drive N30! A" Arool+., CA 90067 1i3-00-14 Aft thft&t S i L Aaaacia t 3on 2700 V. Manchester Iwylemvod, CA 90305 163-t�iG'-15 '' Chrr, Stet n-Chi n 3135 Mistral brIve Auntfngtan X"ch, CA 92669 110-301-32 Abrtir Ccrporativn P.O. Am 7600 Zot Angoler, CA 90051 i 110-301-33 Gerald Sprrka P.O. Am 1021 ruatlarton Aeach, CA 92647 110-301-J6 Gmald Sparks P.C. am 1921 At mttp#taa J*wb, CA 92647 swim dpwrk r amtsmomr "mahr in sue' ry Put)I ish fWT 1 LE, OF PU! 1. t L HEAR 1 NG , ro P 1.po r vJ ir l ot-1j t h s�ram -ri► ftV60 Ati NOTICE IS HLREBY GIVEN that a public hearing will be held by the Lity Council of the City of tlunt ington Beach, in the Counc i 1 Grunter of the Civic Center , Huntington Beach, at the hour of � �� _ P .M. , or as soon thereafter as possible on JC_![ -.__. the .L!t!c� day of .90 , 1�,p�,�i for the purpose of considering 0►A. 01(7P� � �' 1-C-4 1xi 0V)wot ew �jo 161 F too 04 of I 0A Ito z-41m, i'ep ap (*1% 4 *oe vo-d * ,P � 1 7'evu 10 kti ztrefw jq n t4-c rim, V AoV 5 • ate( 1p r• 4 ,�.✓' l�v t:LG Ot 71�1f s G'� '41 tit A I interested persons are invi ted to attei-d said hearing and express their uh>niorm for or against Further information may be obtaired frorm the Of f i c e of the City Clerks 2000 Macn Street. Hun tinyton Beach . 1ifornia. 92648 - ( 714 h36-5221 DAUV . _ ----� - -.�_. C i T Y OF HUNT INGTON BLAC By: Alicia M. Ken twor*1h Lity Clerk WRIc amtoNXEMS Mut omits or*W o'"d ftaco alp r"40 Ps"M4 t �AINZ Mt SMWs A POLIO MAINC UNINC TU ATTA� MAL Vatic# "M M 'a are attmah" AP's will follow . ' No Ar't Initiated by: Flaming Commission planning Departwnt petition • appeal Other Ad,yption of Environmental Status (x) YES NO Rhos to � r1smIn1t beipartwnt - lsstonsicm tot 0"itfeswi tafovw tion. �► It milv please trantwit exact' wording to be required in the 1rlgal . A PA. pax in dIA1.11��1M �� Au"Ot i, 1985 Verner '* Mobil 5p73 Warner Ave Huntington Beach , CA 92647 SUSJBCT: APPEAL OF CONDITION #8/U6E MKIT NO. 85-34 ( BIA APPROVAL) . M 68fi: Appeal of condition 18 of DZA approved Use Wait No. 85-34 which excludes the sale of beer and wine in an approved snack shop operation within an existing gasoline service station. AT ON: 5972 warner Ave. FINDINGS FOR APPROVAL: 1 . The establishment , maintenance and operation of the use will not be detrimental to : a. The general welfare of persons residing or working in the vicinity ; b. Property and improvements in the vicinity of such use •�c building, 2. The proposal is consistent with the City 's General plan of Land Use. COMDITIONS Of APPROVAL: 3 . A revised site plan of suitable scale depicting the sodifioations described herein shall be submitted and approved prior to issuance of a building permit, a. Landscaping in compliance with 5.9482. 1 . 1 . b. MaLmt■ of 5 parking apse** in compliance with Attiole 9?9. . L is tcapo sad irrf9atiou plan to the beparumat of gev*1op rrMt lad 0ili.c "eks toc revlew and app aval . 1IC yyy ,V 9 1. i, 1C • 'randscaping shall be instilled and approved Isri9c to now us►a- d� the developm t shall amply with all applicable p►rovisifte 4d the Ordinance Code, building Division, and Fire Depart"at, S* The major identification sign shall be removed or altered to Cofply with Article 948 within ninety (90 ) days. s. All signs shall comply with Articles 948 and 974 of th* luntington beach Ordinance Code. 7. A revised Certificate of Occupancy shall be issued . i 8. . no beer and wine tales are permitted. -_-- I hereby certify- that Appeal of Condition- No.- a of Use Permit No 85-34 was denied by the Planning Commission of the City of Nuntingtar Seach ' on August S , 1985 upon the foregoing 10indings, Sincerely, Of James W. Pilin Secretary Planning Commission ,flip:1 p ( 3037d(Il ) :a 111tirgto Black Florid CIMMISS191 M.O. max tM CALiM►OOMIA 600 V. Data s AUGUST 6. 19- � NOTICE OF ACT ION AMIi,eants WARNE't ' S MOBIL. 5912 WARMER AvE , sub ect: I T 1 A CqN eN #3/1]sE nc:;M 1 i1n . Rri-34 ft�J PdF VZO AL1 Your application wr,: acted un by the Huntington Mach planning j Commission an , AgGWIT S . 19T and your request was , Withdrawn Approved Approved with Conditions (See Attached ) Disapproved xY._.__r.�. Tabled Continued until Under the provisions of the Huntington Btiach ordinance Code, tho action taken by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and rust set forth in detail tLe actions and grounds by and upon which the applicant or interested party deems himself aggrieved . Said appeWM e accompanied by a filing fee of dred and sixty-fivdollars and be submitted to the i C or Rice ,00 within toys of the date of the Commission s a Ono In your case, the last da for filing an appeal and paying the filing fee is U G T 1 8_ _ • Provivions of the Huntington &each ordinance Code are such that my application becomes null and void one ( a ) year after final approval# unlems actual construction has started . 'i Very truly recurs. ,lases M. r"la a �asata • x7! m9�lrr ar0.1 �tal�la+�t�lw Ipw■ert At 920" Ir"Ihv, CA 90,1165 + r9+e�► Ars�+e Aj A *&#-j 4rr b"Ch, CA 917619 earl sills Lo j 1 ltow% LAVA an ,r. ftbmv vrjv* 0;'11 1 *' I" C11 90067 16i�1��1d JWthr"t S A L Aasoulation 2700 M. xanchhester Inglewood, CA 90305 �i.t-0I0-1 S Chen Shen-Chin 3136 mistral Crivo SuntingtoA Mach, CA 92649 110-301-32 Mortis Corporation P.O. for 7600 Los Angeles, CA 90051 .iat�-101-31 Gerald Sparks P.O. aff 1921 9wrtimwo Awash, CA 92647 110-)0I•)I *Wald Sparks F.u. has 1921 mu*jjv �an Mooch, CA 92667 1�/�i�tlrtp owl" BpCm ,poll. is 1l21 >� ► r�� CA taw 1 V, .' fS--3 V U P