Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Use Permit 86-2 - Linda Prith Kien - Drive Thru Dairy Busine (10)
SIM �. •�. V . I►~N a tC FluOpoA Adwrtrsw"M % 01 ar 4��:..w4 PAW hb1"M by owcres 1A the superrof Co<<t of oran4e Gownly. C40lornis, Numb& A•6214. doled 29 S"Iwrrb*f 1941. a"d A-24471, daiw i 1 jw ,w. 160 STATE OF CALIFORNIA County of Orange •,,... «».�. •..r«w ...«w fit q«. SMwrn .0 w 1 w+ �� t) WO. C K�c.h.w� ► `/IT am a Citizen of the United States and a resldant of the County aforesaid; I am over the age of eighteen yaors, and not a party to or interested in the below entitled mallet I am a principal clerk of the OrarVe Coast DAILY PILOT. with which is combined the NEWS-PnESS. a newspaper of general circulation, R. printed and published in the City of Costa Mesa, County of Oranqe. State of California. and that a Notice of PZJSLIC HEARING of whicn copy al;ached hereto is a true and complete copy, was printed and puplisned in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Lacuna .. ..... Beach Isaues of said newspaper for one t i me consecutive wee to wit the issue($) of _March 27 198 195 19B_ 19e I declare, under penalty of perjury, that the foregoing is true and correct. ExeCUted on March ] 1 198 6 at Ca4ta Mesa, California. Signature f40a V TG * M 1T MAY CONCERN, i AM A CUSTOMER OF THE CALYA DAIRY LOCATED AT 1 EDNARDS ST (CMWA WITH EDINGER) HUNT i NGTON MACH CAL I F. I APPRE C I ATE THE DAIRY CtI1+R'R I WT I ON TC OUR NUTR I'1'I OIN AND OUR NE I GHIiORtiM, AND WANT 17 TO CWT I NUE IN MS I NE SS AT THIS LOCATION. PLEASE GRANT THE PENDING �� _2 (ALLOWING SALES OF BEER AND WINES 1N CONJUNCTION WITH THE PRESENT DAIRY BUSINESS .r -, .*4 12,w / Ey 20 2� ' so 2 �f�• =11.�L�'�2t Ic�r..r'',Pf G't / '1�.,_ 201P ha&�� CA S2. _ I .ter.,.... ..... pAaE t POE CITY �-ItJNT'itl�IC�'"�'ON BEACH �. .2= MAIN STREET CALIFORNIA q?M OFFICE CW THE C1" CLINK April 9, 1986 Palitz & Assoc. 8070 Westminster Ave. Westminster, CA 92683 The City Counci ! of the City of Huntington Beach at its regular meeting held Monday, April 7. 1986 denied your appeal to the Planciing Commission decision to deny Use Permit 86-2 . This is a final decision. You are hereby notified that pursuant to pro- visions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from April 9, 1986 to apply to the courts for ;utficial review. If you have any questions regarding this matter_ please contact our office - 536-5227. Alicia M. Wentworth City Clerk AMW:CB:js Enclosure cc: City Attorney Development Services Director Linda Prith Kien 6297 Bell Road Cypress, CA 9063Q I g 1094.5 SPECIAL PROCEEDINGS Part 3 "ills 379 III11w1 fn► II.•r• Ilion -to- ntu.. I'fr.1 tool I incur-1 easl1n. IlrNlrr hiM 1st, rllriw,lit Ilan 1'.111ftIr1liA Ih•. Al,lov 11r• I61, .11111 hill pus si1•Irrltllur nlrrlle. Weetrrlt Air 119 111 1:7 t'ul.11ttlr. 5111. :; I' A.-oil :M I.lut-1 Ills 1. SoMtoso.ti t Ittel► W l'AI lrpr►. •trill 1'W1res rtowitt-sit J.11tlttit writ ur motnllnts- to PrMlllwl liiret•ttlr of 1Rrlt tlll11rO r.lt'I lust iftlpf 1111R11A►9111K ■r1114t 111$' fib tort A411. III• .11'1•i•11111 rrl11LIIIN 10-1111r111' 4-t 1•I••r1 tit tlffivs- tit 1„Isllll Meek 41N11',l •`r'f 114111*0 all At►t•rall Jabot ill (nl•ti111Mr -.1 that -It-- is, I+ r;ulll1 of IW•,IIn11tict t11 re- 1M\t 14.111 rill rna rl•I rrtll',I olltl, I•fl*r ►t• 11,00111: 11III1lit' rpl ltrsl•, i►1,111 Il,e fi4/ 11141 I:Illulr,l t.t Irlal tylllrf •ills -lirs•t'll,tllot lie na111Lt1111C Allot .rt•rt•IiPQ thefts to farlolll r.ntlnll rit-e lot -fire•risor fur ptlrlmose tot' Ilutrtt, wllrrrn-o su hear{ns before Mull K 1 't•r111r I-Vior"Mirrillil rlill'llre wall ill• 1 n•Inn-tulrnu the llpuu{fc 11►.•linnit ins• t•u11 1Ntot41. where It wan felines dust Monte elf t r,ttlol-l-,I only nl to whet ntflk ;dace nit 0111 f IIArde7 '11tainvor iso tillourr worA n/1t nne of the .1.11/•}. ,IMI II/tI Po-Iluirst, rl1A •Iles. wttttl,tlttt'sl by cvltirnl'e. %%infield I t nut ruslrt u( Iplov-11 nit 411.11/N1 friA" y�IK• lanti•t-1r ut Agriculturs, lllli'.'l 140 Val. soups ,IhnrJlult rrnln► ly11i•I rletk w•nr ld 111.1r.W11, :01' A.:111 200. ntawlntr. after fprerlill.t it o jtlrtroarsat of t'rllrredltig for rt•tlrw ref Irtn.tl low etmi- 111r ■ulwrior enurt, to t r111awl Ilse ntll'er -Illwlioner nt rtlfl,l,rAlNltht ni llprinit in to the for rs•.IltldtlrrlliOA, 1 'Al1Kn fn11IlL r)4111- fit .ittlrs-Itubler-I wI,err there 1n1r 4 ■i tot ill Fit l Itf tat'IU #II/• 4.1111.1 h• 1191 t11 ■1111•r1. tunlltrltic rrtUutsll Of fill- .hw•1Ullrrll• ton III frhlnn. 1 If r1111fT fur p( lisp ,salt•.. Vreel I. L. Auxeir. Vtoln- 11l-1rnnn„Itutu •thrthpr thl-rt ,:III +ub.1u1• tr t"Isis !Irtf,it•p t'onlal..wu 11NG.1 «YI I lnl evldetwo to .Illllttlrt •••utuusltuurl'r I'.:d 1, 111� t'..k.'tl i 11. I.whnKio. w0t1-re towirt lftl(ltnirrtlr Iloirr- 1094.6. Judicial review; drrisionsi of local MOM ire; petitwrn; !cling; time; record; decision and party defines; or. dinan(v or n'y.dutloe I a i Judicial review of any decision of n Ita-al agent% , other than school district, as the tei'rn local airency is fklfincwt in Sett ism 54951 of the Government Code, nr of any commission. txmiA officer or agent III, 'cof, may be had pursuant to Section 1t11.f•1.i of this vode only if the ivtition for writ of mandate pursuant to such section Is filed ..',thin the time limits slK'cifled in this st ctioll. lb) An; such fxtlition shall be filed nut later than the JOth day fullowing the date on which the decision becomes final. If there is no prnvision for reconsideration of the decision in any applicable provi- sion of any statute, charter. or rule, for the purposes of this secti-in, the decisilr Is final on the (late it Is made. If there is such pro% lion [err reconsideration, the derision is final for the purpoisc.-S of this W. t ion upon the expiration of t he pl!ritad during which such ruconsidera. Linn raft bl*- sought; p.•lnided. that if rrt•orisidera,tion IF sought pursu- iait to any such provision the decision is f inal for the purposes of this .<coellon on the date that revonsideritIon is rejected. 11.1 The ( olllilloll' i I coral III' IN, IQ ter tR`1lilll.� $11.n11 111' ltn'cfltiml by I.". 11r•111 ;1; 1.111'•y IiI' Its 1111111111" hill, lMt:tfli. rlffiver. to,. a-foil A-hich umikt the devi•imi arx1 .brill Ix, Ilt•livervil to ilte l►etiliont•r within :4) days :,fivr he has filch .► written .•crlutwt Illi—1 'fur•. The Iiwal ,agelwy may reco%cr front the ilctitioner its actual costs for ti an.-cribing or ntherw'ise preparing the record. Such record shall inclade the tran. ipt of our pratiedIn&:r, all plr:trlingt all notives and orders, any prutow-A ckti'Won by al- hearing off1mr. the final Ikvislon, all admitted 674 1 Tkk I emcee OF lMAN6,ATR 3 10 4.6 exhibits, all rejected exhiblts in the possession of the local agency or its commifaaion, board, officer, or ascent, all written evidence, and any other parsers in the caw. (Ii) It the petititm fur files a glut.-Nt tot' lhr t•evord ax gwcirw in tlllltli�•ivinn It 1 utril�titl 1O II;tY;� alflrr IN, ft.alr the fled:inn bet'omrs Il- mtt as providtrl in stiW►visit>ta (b), tlx- 11mv within which a iWtilion pursuant to '.xx-tion IU:1•i.5 treaty Ixt filed shall he extended to not later than the 30th day following the date on which the mvord Is I: 0wr personally delivered or mailed to the petitioner or his attorney of rec- ord, It he has one. (e) As used in this section, decision wwans adjudlu: atory adtnln- istrative decision mnde, after hearing, suspending, denting, or dis- missing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retire- frknt benefit or allowance. j (f) In freaking a final decision As defined in subdivision (e), the ' local agemy shall provide notice to the party tarot the Ume within which judkial review must be sought is governed by this suction. As used in this subdivision, "party" means an officer or e>rn- ployee who hus been suspen(led, demoted or dismissed; a person whose permit or license has been revoked or whose application fer a permit or license has been denied; or a person whale application for a retirenwr. benefit of allowance has been denied. (g) This section shalt be applicable In a local agency only If the governing board thereof adopts an ordinance or resolution making this .section applicable. It such ordinance or resolution Is Adopted, the provittions of this section shall prevall over any conflicting provision In any Wherwise applicable law relating to the subject matter. Added try Stats,1976. c. 276. p. 581. 11.) 1r1i M Ser Ww'e ValiforuU t.'•rtr Forme, ('Itii E1rr► vdurr. L*rwy Retwvem .11lntin101rOGS1. LA% Owl 1'rr>r•r•ittrr C..t.14. Vubiw- Adrninil-Iritite tiW4* •a.: C=ti_';. line-retort I Its. In 09tt0ral 1 that l•otleli.• r"iteloftuenl rt+t,tl(nuit .4mvtl Eu11at11tttitttt at aiallttorlttlre roorelef 2 he.i fi.w-ove )4rtaiirtion to •iornuiPA 10111+11.1•t Ifer u11f•1i► 1610t,tirf chtlydre •err ---�-- )ttelitb.l: MINI• In ►irlr of tral-herls' fnilrrr 1.6 ro,sttt.t rlorir .Idudatetr.ttt.r frmreitev 1, In Nessral w%-Irr .Its II1a1.1.1 All. trial C"Ilat am"I in !i.11•"$I lutAtti'• IRMIA10•fltl tr.•rnuu fir CranthlK writ of M141"Nir to lwtttlrl nnpf•r, twarloor. •.,larte, erlrr Iwp111111tow t.1 twu mlrtN1,111 off dimfu l as"I ulllr►e to n1w •61.544 %P"r, null, t-•tltrn.•I urg"11.111..rt. %.114Po- 1/f t+rt,lln trltftrh. ,1te1/1titl-► vtll• +err Ln1flpiC. .I"M.1 woe at, unfair It-% S.,-1w.Iw►r ►elw•ntare A•n'tt t, \r4tiw 11t1'irltMr to rwA*0o% trf Ow Ito11tM Art non t atrty 1 141 CaLltlrtr. U4, Ill 1'.A.;kj :0 I. REOUEb, i' FOR CITY COUNCIPACTION Subnsittrd to: Honorable Mayor and City Council Subnnittedby: Charles W. Thompson , City Administrator t- P+rsprt by: James W. pal in , Director , Development Services SubjW: APPEAL TO THE PLANNING COMMISSION ' S DENIAL OF dE PERMIT NO. 86-2 ..r�''� ConaitOrnt with Council Policy? ) YM J Naar Palmy or Exert E14� Q Saftnunt of law. Remi mo lelon, Arelysis, Funding Sourer, Altern atM STATEMENT OF ISSUE: .. ...... nn Transmitted for your consideration is an appeal file e applicant 's representative, Karin Easter Gurwell , to the Planning Commission 's action to uphold the Board of Zoning Adjustment ' s action to deny Use Permit No . 86-2. Use Permit No . 86-2 is a request to permit beer and wine sales in conjunction with an existing drive-through dairy business located at 15492 Edwards Street . RtCOMMENDATION: Planning Commission action and recommendation on March 4 , 1986 : ON MOTION BY ERSKINE# SECOND BY WINCHELL, THE PLANNING COMMISSION DENIED THE APPEAL AND UPHELD THE BOARD OF ZONIVG ADJUSTMENT' S DENIAL OF USE PERMIT NO. 86-2 WITH rFINDINGS BY THE FOLLOWING VOTE: AYES: Rowe , Winchell , Livengood , Fiskine , Porter , Mirjahangl NOE : None ABSENT: Schumacher ABSTAIN: None FINDINGS FOR DENIAL : 1 . The proposed use permit to allow the sale of beer and wine in conjunction with a drive-through dairy is inconsistent with the City 's intent to prohibit beer and wine sales in conjunction with drive-through or drive-up uses . 2 . The dairy site is nonc:ontorning to the requirements of the Zoning code ode regarding landscaping and the drives through lane . The sale of beer and wine would constitute an expansion of a nonconforming use . 3 . Granting of the use permit would be detrimental to the surroundinq neighborhood . Staff recommendation : Deny the appeal and uphold the Planning Commission 's action to deny Use Permit No . 86-2. ANALYSIS: on February 51 1986, the Board of zoning Adjustments reviewed and denied Use Permit No. 86-2 , a request by Linda Frith Kien, dairy operator , to add beer and wine sales to an existing drive-through dairy located at 15492 Edwards Street just north of Edinger Avenue . Subsequently , the applicant appealed the decision to the Planning Commission . The Planning Commission upheld the Board of Zoning Adjustment ' s action and denied the appeal on March 4 , 1986, based upon the concept of drive-through beer and wine sales as being inconsistent with the city' s intent- to prohibit beer and wine sales in conjunction with drive-through or drive--up uses . Last December , the City adopted an ordinance prohibiting concurrent sale of alcoholic beverages on the same premises as gasoline sales . This was to limit the availability and ease of procuring alcoholic beverages which could easily be consumed in the vehicle and to eliminate the convenience or purchasing packaged consumable alcoholic beverages when buying gasoline . This principle applies to the applicant. e request to sell beer and wine in conjunction with a drive-through dairy . Received at the Planning Commission Meeting were letters and a petition signed by 16 neighbors who oppose the project . Their main objections are ( 1 ) alcoholic beverages sold in conjunction with a drive-thru dairy would promote drinking and driving; ( 2 ) there are five sources of liquor sales already existing in the vicinity; ( 3 ) there are many schools and churches within wnlring distance of the proposed facility; and ( 4 ) another liquor e.t; t %blishment in the vicinity would be detrimental to their neighborhood . The apr-Aicant 's representative has submitted an appeal to the Planning Commission ' s denial with a response to each finding fo;: denial (see attached ) . She has indicated that the City 's prohibition. of beer and wine sales in conjunction with gasoline sales is desireable but inapplicable to this request . Although the prohibition does not expressly include drive-thru dairies , the intent was to limit the ability to purchase alcoholic beverages in conjunction with drive-thru facilities . 1 f kcA 4/7/86 -z- ( 4536d ) 1 If the request is approved, the applicant has indicated that all proper inmprovements to the property regarding parking and landscaping will be made . ENVIRONMENTAL STATUS: The proposed project is categoricdlly exempt pursuant to Section 15301 from the provisions of the California Environmental Quality Act . FUNDING SOURCE: Not applicable . ALTERNATIVE ACTION: Reverse the decision of the Planning Commission and approve Use Permit No . 86-2 based on the following findings and conditions : FINDINGS FOR APPROVAL: 1 . The establishment , maintenance and operation of the drive-thru dairy with beer and wine sales 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 or building . 2. The granting of the use permit will not adversely affect the General Plan of the City of Huntington Beach . 3 . The proposal is consistent with the City 's General Plan of i,and Use . 4 . Improvements to the site will be made which will bring it in conformance with current zoning code requirements . SUGGESTED CONDITIONS OF APPROVAL: I 1 . A revised site plan shall be submitted depicting the modifications described herein : a . Drawn to scale I b. Dimension all setbacks , parking stalls , proposed planters , etc. I, c . Designate drive-thru lane and pick-up area , and dimension properly. d . Reciprocal access 1 I ' RCA - 4/7/86 -3- (45364 ) I I _.J e . North arr ) f . Street improvements g . All structures on the site 2 . Prior to issuance of building permits , the applicant shall submit the following plans : a . Landscape and irrigation plan to the Department of Development Services and Public Works for rev.ew and approval . b . Landscaping shall comply with Article 979 of the Huntington Beach Ordinance Code . 3. Installation of required landscaping and irrigation systems shall be completed within ninety ( 90 ) days . 4 . The development shall comply with all applicable provisions of the Ordinance Code , Building Division , and Fire Department . 5 . The major identification sign shall be removed or altered to comply with Article 976 within ninety ( 90 ) days . 6 . Prior to the sale of beer and wine , the subject property shall enter into irrevocable reciprocal driveway easement between the subject site and adjacent easterly and southerly properties . A copy of the legal instrument shall be approved by the City Attorney as to form and content and , when approved, shall be recorded in the Office of the county Recorder and a copy filed with the Department of Development Services . If such easements currently exist , a copy must be submitted to the Development Service Department . 7 . The Planning Commission reserves the right to revoke this Use Permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs . ATTACHMENTS: 1 . Appeal Letter 1 . Letters and Petition From Neighhors 3 . Action of Planning Commission 4 . Minutes of Planning Commission Meeting dated March 4 , 1986 5 . Planning Commission Staff Report dated March 41 1986 6 . Action of BZA Minutes of BZA Meeting dated February 5 , 1986 7 . g Y JWP: SH: k la RCA - 4/7/86 -4- (4536d ) i alixz & Asso�1.'1`a' t_(zSlAW OFFICESRECEIYi I.�... ;IfY rtr�A 8070 Westminster Ave. CI r� Anomgn Westminster, Cotifornio 42683 `' �w'`"�'�' t - ' 'r MURRAY PALITZ „ 1 • W f Telephone: 71d/8911 -7500 � KARIN EASTER GURWE LL March 12, 1986 oI Counter R MENKES T WEAVER G PATTON CITY COUNCIL. Administrator CITY OF HUN'TINGTON BEACH LINDA GOTTUEB P.O. Box 190 Huntington Beach, Ca 92648 RE: APPEAI. TO THE CITY COUNCIL FROM TIM: PLANNING C"ISSIOIVS DENIAL OF USE PERMIT 086-2 Derr City Council Membern: I represent Linda Pr i th Kier; wha is the owner of tho dairy in question. This latter is to fat-mall), appeal thr- Huntington Beach Planning Commission' s decisl,)n to deny Use Permit Number 96-2. To respond to the Planning Commission 's findings for denial in order: 1 . Cit, 0 inance #9730.84 -- Sale of alcoholic Beverages Prohibited - Applies only to service stations selling gasoline. Although this prohibition is desirable, in the case of this dairy this prohibition is inapplicable. As its name clearly indicates, the dairy is in the business, of selling milk and milk products and has nothing to rio wi to gasoline or car repair j Sales. Additionally, air this is the only drive-through dairy in Huntington Beach, any additional policy the city may adopt regarding drive-through dairies would discriminate against this one individual business directly; 2. The owner is willing to comply with all suggested conditions of npproval contained on page : of the Staff Report dated Harch 4, 1986. There specifically include requirements that the use meet all of the zoning code requirements regarding landscaping and the drive-through lane. 3. Granting of this use permit would be beneficial to the surrounding neighborhood . A profitable, well--run dairy provides essential services to the area's residents at low crst and high quality. �I PALITZ A ASSOCIATES March 12, 1966 NE t APPEAL TO THE CITY COUNCIL F'f (W, iliE Page 2 of 2 PLANNING COMI SSION'S DEN 1 A L O:' USE PERMIT 086-2 3. (Cont 'd. ) The only objections to the Use Permit made at the Board of Zoning meet:,ig or at the Planning Commission hearing were brought by pr.ople associated with Chalet Liquor. Indeed, Mr. M. Disokeyl. spoke at the Planning Commission hearing and represented himself as the owner of Chalet Liquor . The preservation of Chalet Liquor 's business advantage is not proper grounds for the City of Huntington Beach to deny this Use Permit Application. GROUND3 FLOP. APPROVAL Some discussion concerning the safety of alcoholic beverage sales from this dairy occurred nt the Planning Commission meeting. The alcoholic beverage commission will grant licenses to drive-through facilities only on the specific conditions thrat purchasers must exit L,ie vehicle before sales can tic made. I The AK Regulations and the threat of loses of the ABC license certainly wit ! guarantee that they dairy will make no sales to l driver; or their passengers within cars. The Planning Commission hearing further heard objections regarding the density of alcoholic be-verage permits in this area. Sales of beer sand wine from the dairy Will be made solely for the convenience of milk liurchnsers. The peak hours of sales are immediately after school and Immediately after work. The entire datrN closes at 8:00 p.m. Obviously , concerns about loitering teenapv gangs rani parking problems are inapplicable t() this dairy as the late-night loitering occurs long after the dairy is; closed for the evening. The Applicant , Linda Prith Kien, requests Huntington Beach City Council to grant this Permit. It will allow it valuable community resource -- a dairy with 15 years history in providing milk products to this community -- to continue to operate. The Permit, ubJect to the conditions contained in the staff report, should be r n pee tf 11 your PALL I By IQ, 1 I ow w— a r • l 1d WleOrtN • �• r L• Ito[ ors OL t0 CPAPA SIDE ELF\IAT 1Otl s"Ic ws ,w oaf T • ION ". ftm @=*. D 1�1 'e t$ Sti 1Dt Um"W N DOOR 2-51 O # t M St�fIA� • '• Kant�� tts�lb 0Alf • a" -Sul: M � - a •t?T Lill i '* MILS( 61DRR(Se k�*s r►oo0i� book f OwCA' DA404 +w sr.�ws• �e a OPT mec ra JM14= Mft0 1 a Nb 1 = am^ 0 a _----Bi° all *Vf qbT l N a- S V I L D;P&Clr ' ------ ` -- - ---- _ � MLi prlY�f !r ► i loo IL - - - ------- - r tt� A I CF-E Le 4 ..6, . .. .. , ■ Af as -- -- -- fs - — -- ■t wt --•. .• r ■i At t tit A lil a r i wt A C2 N � I R 3 C2 f _ w m at RI — --- -� -- -i RI 111 at it I at • at • • ... RI at 1h Ih R1 AI _ t of 1 1 CF-E at It r RI • Cf-R � � f - 91 IH at RI RI Rt • wp r I: Gam.- . C��-fit.- �� ��.. .� .t:�..- .•....� �-..r.. --,r �,c.. Girt. �-t� w.ct,t Cc..d.- eL.. U L7 7 ..� '�-�•t. �� -�-� .�c,�- �. v���-tom. �.�-. - - -- — - 2mD i' i r i i [ ,o.-4 i I i - L 3 � w�g�. -lG• vote to tv, er /ooll �a!'� r . i �`������� !"� �a CAP � � ► ,,�, 4MAR *TD T4� UkT - �b-k C-rTy COUM i BLS . W NC) 14O"i NEED ANY BEF-R 0- Wi #dS-ry �.. ! gg-N5 F- FOR Pq IRY 0 N eowoq pc) A- E.,D liv46R WE PROTe4-lT FOR ISSUE SC-eRo wlac- L) CSNS&. AT ! S49D- Gb1%jpb5T F4VNT . eo �AN1 AD�RJcs pt4. ©KC- )?1 5 9 8 L., ct 7-8/ 7 0004(o LwgA y 7 4 4- 7-.2 3 cfj r j2 vim. : b Sd l/;�f r-;Ck V f 4v. � '• rr % E/��'L'k,S G; S 7Z *%-`s 7 - 27.E Z. A�n 6 9 J(j-a�r 7 All ox, -;Z� Pi'C k 7 f f AU v 1 R ~ 1 _ 1 I i I I r�1 • P409 c P.O. Box 190 rry HLMNrrVYGrr0N CALIFORNIA W! Ditr"Tw"T OF DivtL llT iE*Vxm8 APUMMo iMvM M n141 MOM r Ainow 1"Viel IN 014 9=4orl March S , 1936 .Linda Pr i th Kien 6297 Ball Road Cypreas , California 90630 SUBJECT: APPEAL TO THE BOARn OF ZCNI`IG ADJUSTMENT'S DENIAL OF USE PERMIT NO. 86-2 REQUEST:_EST: To permit beer and wine sales in conjunction with an existing drive-thru dairy business . LOCUTION: 15492 Edwards Stree,« FINDINGS FOR DENIAL: 1 . The proposed use permit to allow the sale of beer and wine in conjunction with a drive-thru dairy is inconsistent with the City 's intent to prohibit beer and wine sales in conjunction with dr ive-thru or drive-up uses . 2 . The dairy site is nonconforming to the requirements of the Zoning Code regarding landscaping and the drive-thru lane. The sale of beer and :nine would constitute an expansion of a nonconforming use . 3 . Granting of the use permit would be detrimental to the surrounding neighborhood . I hereby certify that the Appeal of the BZA ' s Denial of Use permit 86-2 was denied by the Planning Commission of the City of Huntington Beach on march 4 , 1986 , upon the foregoing findings . Sincerely , James K. Palin, Secretary Planning Commission by. ,11�t" IAJJ� Florence Webb senior Planner JW s rK: k 1 a The proposed project is categorically exempt from the ovisions of tho California Environmental Quality Act . THE PUBLIC NEARING WAS OPENED There was io one present to speak for or a nat the proposal and the Public He,%ring was closed. The Commission recommended the f of l ng changes: Under Prohibited Sf ns , signs w ch no longer identified a bonafide tusines* arall be removed wit n 60 days ; under Permitted Signs a section to InZiu3i u n locatea at inters*ctlanz a=publlc streets . A MOTION WAS MADE BY RTER, SECOND BY WINCHELL, TO APPROVE CODE AMENDMENT NO. 84-1 S AMENDED AND RECOMMEND ADOPTION BY ThE CITY COUNCIY. BY THE F WING VOTE: AYES: R , Winchell , Livengood , Erskine , Porter , Mirjahangir NOES: ne ABSENT: Schumacher A B S Tr None oe ION PASSED C-3 APPEAL TO THE BOARD OF ZONING ADJUSTMENT' S DENIAL OF USE PERMIT 86-2 use Permit No . 86-2 is a request to sell beer and wine in conjunction with an existing drive-thru dairy located just north of Edinger on the east side of Edwarda . The Board of Zoning Adjustments reviewed and denied this request on February 5, 1986 based on certain findings , Subsequently, the applicant appealed the Board ' s decision to the Planning Commision . ENVIRONMENTAL STATUS: The proposed project is exempt under Class 1 , Section 153nl of the California Environmental Quality Act . THE PUBLIC HERRING WAS OPENED Karin Gurwell , representing the owner , spoke in favor of the proposed use permit . She stated that the Alcoholic Beverage Commission has strict requirements and they carefully follow them because they would never want to jeopardiz* their license . Dale Cole, president of Cal VA dairy, stated that he would rather stay in the milk and dairy business but was very supportive of the applicants and their proposed use permit . i' Pc Ninutes - 3/6/46 t439741 xos a dil�ecste�ia; b ear is the neighbochoodo spoke to ition to the proposal. she stated that there were *Itoa" . two r stores in t area and that they did not peed snetlMi. M fts Do 001t (spr 1 , resented a petition and several letters sn�itt� f Es in t�E area in opposition to the proposal . Al Wood homeowner in the neighborhood, stoke in opposition to the Proposal. Ike felt that a dairy should no sell liquor , Ron miller, spoke in opposition to the proposal . ■e stated that be vas against allowing anyone the opportunity to obtain liquor without having to got out of their car. there were no other persons to speak for or against the proposal end the public Rearing was closed. A NOTION WAS MADE BY ERSKINE, SECOND BY WINCNELL, TO DROY TIE AFl" AND MOLD THE BOARD Or ZONING ADJUSTNENTS DENIAL Or 052 lERNIT pi-E � wtTR rINDIMG8 BY THE FOLLow NG VOTE: AIMS: Rowe, Winchell, Livengood , Erskine, Porter, Mirjahangir MORS: None ASSENT: Schumacher ABSTAIN: None NOTIQU PASSED FINDING: FOR DENIAL: `� 1 . The proposed use permit to allow the sale of beer and wine in conjunction with a drive-thru dairy is inconsistent with the City 's intent to prohibit beer and wine sales in conjunction with drive-thru or drive-up uses . 2 . The dairy site is nonconforming to the rtquirements of the Zoning Code regarding landscaping and the drive-thru lane. The sale of beer and wine would constitute an expansion of a nonconforming use . 3 . Granting of the use permits would be detrimental to the surrounding neighborhood . C--4 CODE AMENDMENT NO. 85-23 - `al DISTRICT AND YARDS AN NG' This item was continued :rom t rtbcuary 4, MS , in order to have the cVn ent considered on the same agenda with the propose ition of building height . PC Hinates i 3/4/86 -i- (4"7d) 6611ift, doe WAFf ' REPORY "Tat Planning commission PlM: Development Services VAIM March 4 , 1986 SUWBCT: APPEAL 0! THE !BOARD OF TONING ADJUSTMENT' S DRNIAL OF USE PERMIT NO. 86-2 APPLICANT/ Linda Prith Kien DATE ACCZPTZD: WNW 6297 Sall Road February 13 , 1966 Cypreas , CA 90630 MANDATORY PRNIS§I& : RE EST: To permit beer and wine Apri 1 , 19 sales in conjunction with an existing drive-thru ZONE: C4 (Highway dairy business . Co mercial ) LOCATION: 15492 Edwards Street GENERAL PLAN: Central (east side of Edwards , Commercial approximately 150 feet north of Edinger ) EXISTING USE: Drive-thru . as ry ACREAGE : Approximately 15 ,000 square feet 1 . 0 SUGGESTED ACTION: Deny the appeal and uphold the Board of toning Adjustments denial of Use Permit No . 86-2 based on the findings outlined in this report . 2 .0 GENERAL INFORMAATroN: , Us* Permit No . 86-2 is a request to sell beer and wine in conjunction with an existing drive•thru dairy located just north of Edinger on the east side of Edwards . The Board of Zoning Adjustments reviewed and denied this request on February S . 1986 baseA on ctrtain findings (seer attached ) . subsequently, the applicant appealed the Board's decision to the Planning Comision, 3.0 fURROUNDMO kaD US-96 ZONING AND GENLR. P AN DRSIGNA112st 01b1e10 01WX AL PLAN DISIGNATION: General cosseercial W23 C4 LAIM grin: Dairy Fall- W111104 u r S; � t M~rftr of MYbi t trgr+rtkY: 4 u. n M OMMiM1ATION: Low Density 2e81600tial w LAND AMR: Single family !Residence , &Wye and South_f Sub Joct PrRe„�„tx: M ism PWW ORS IGNATION t General Coreme r e'i a 1 4 soM C4 LMV UMR= Commercial 4*0 RNIVINOWNENTAL STATUS: The proposed project is exempt under Class 1 , Section 13301 of the California Environatntal Quality Act. ,1.1 COASTAL STATUS : Not applicable. 5.0 REOSVELO MENT STATUS: " .%t applicable. 7 . 0 mcipIc PLAN: Not applicable . 8 .0 5UBDIVI:0,10N COMMITTEE: Not applicable. 9. 0 ISSUES AND ANALYSIS: The applicant is requesting to establish beer and wine sales in conjunction with an existing drive-thru dairy. The subject site 'f currently dcws not conform to the landscaping, and parking requirements of the Boning code . As indicated in the appeal lettere the applicant is willing to make physical improveotnts to the site in order to make it conform with the coning code . i The main issue is the concept oC drive-thru beer and wine sales. � Last Vocember , the City Council adopted an ordinance (code Awmamet 054) prohibiting concurrent sale of alcoholic beverages on the some . premises as gasoline sales . The Citf's intent was to Halt the availability and ease of procuring a coholic beverages which could easily be ca+nsumed in the vehicle and to eliminate the omvientesto i of putebasing Packaged consumable alcoholic beverages Wben buying gasoi ine. "to ac me concert applies to the applicant 's togwwt to sell b*er and wine Is conjunction with a dative-thru dairy. ° fa 4WMItionp the sale of beer and vine through a dtive thtu to to a vabiele makes it difficult to detest wbotbeir ae "t do my be I atexiested ow in of lei aye. 1 yy rV"7 feoomonds that the planning commission daily the appeal and vybeld the decision of the board of Boeing Adjustments to 60W are Votelt ft. 06-3 based on the following fin ingot 111211121 ]PON PAN : 1 . The propostd use permit to allow the sale of beet and wine in conjunct Lon with a drive-thru dairy is inconsistent with the C,it 's intent to prohibit beer and wine sales In c�un junction with drive-thru or dr iv*-up ut is . 3. Allowing the purchase of beer and wing through a drlve-thru facility to customers driving a vehicle tends to eneoursge 'driving and drinking. " 3 . Purchasing barer and wine while in a vehicle makes it difficult for the seller to detect whether or not the buyer is intoxicated, or whether or not the buyer is of 1e9a1 age . . 4. The sale of beer and wine is incompatible with a drive-thru dairy . S . The dairy facility is within three hundred feet ( 3001 ) of two ( 2 ) exieting liquor stores . 6 . The dairy site is nonconforming to the requirements of the Zoning Code regarding landscaping and the drive-thru lane . The sale of beer and wine would constitute an expansion of a nonconforming use . 11,0 ALTERNATIVE ACTION: I Reverie the decision of the Board of Zoning Adjustments and approve Use Permit No . 86-2 based on the following findings and conditions of approval : FINDINGS FOR APPROVAL: 1 . The establishment , maintenance and o -operation of the drive thtu dairy with beer and trine sales will not be detrimental to: a . The general welfare of persona residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 3. The granting of the use permit will not advereely affoct the 1lenersl plan of the City of Nuntington reach. 31 The proposal is consistent with the City's general Plan 9f jAud uses M51 stale "Port - 3/4/66 r 4• 19WOV0 0ts to the site will be **do which will brsod It to assfor Ianto with Current Boeing Colt* rmquires"ta. t DI9rf Of AM Vim.t 1 # d reprised site plan shall be submitted depicting the modifications described herein : •, brawn to •ref• b. Dimension all setbacks, parking sta►lla, proposed plsntsri , etc. c . Designate drive-thru lane and pick-up area , and dimension properly. d . Reciprocal access I. e . North arrow k° f . street improvements g . All structures on the site Z . Prior to issuance of building permits , the applicant shall submit the following plans : A . Landscape and irrigation plQn to the Department of Development Services and Public Works for review and approval. b . Landscaping shall comply with Article 979 of the Huntington Beach Ordinance Code . 1 . Installation of required landscaping and irrigation systems shall be completed within ninety (90) days . 4 . The developm*nt shall comply with all applicable provisions of the Ordinance Code , Building Division , and Eire Department . S . The major identification sign shall be removed or altered to comply with Article 948 within ninety (90) days . 61 prior to the sale of beer and wine, the subject property shall eater into irrevocable reciprocal driveway easement between the subject site and adjacent easterly and southerly properties . A copy of the legal instrument shall be approved by the City � Attorney as to fare and content and, when approved$ shall be recorded in the Office of the County Recorder and a Copy #-lad with the Depattment of De14elopMet Services . It such easeomt* currently •sisto a copy moat be submitted to the Developliept #or v f cre De pi r tson t. �' p� �pi►r t i �/4/f� �4- t 4�i�i� ��'a j'l „„aT , I. TIM "I* Plasmiwd i"t” iroser+rms the Right to revoke this on .T i# i! w V14"tift of tioft emditiew *8 t" waste"" ' @am* ftaiseace fade err. 1. Atee ftV 2* site flan lVtdloi*tgo%n*ringdatAdedlus2t/lo3m/tosG action Letter dated 2r3/6i io ftard of Boning Adjustments minutes datod 2/5/i6 C two Into&& in opposition to the request received at the board of Boning Adjustment 's meeting. f JMf:dU:k la . men t - 1/4J6 �s� t• d� ` ,.. .. f .r q JAM ik op w 10 ftft .y � C ' � � • mow. r • • Cli At LU f - --- 14M 13 Dr 1rwR•d sEk�.aa .� 1 4---• � �T —_�- - � - tx�iT �r�u1�.DlKG - - i- � 1AMM►� NE � t � ! t_rw 9&4,J 46 Row. ARMa . -� I `�• . tl���-"lod um f!m loxf_ . It4�i � r 10 . 14 10Aft08 boom ca +lam !� ty Stitt w1oo��lr� DOOR 2SI dL?T -- • #GA-F - r MtuK is"AMPOV 4+ - sts cJWIAa! w. f: � `ter- "I be woo"" book � •a LOW PL 4A ViAv>a let 3 ILL r .Y cr PM uu a� � r i p it 7i WW7m A i a i r.� ;i .7 fn (001 t oil . • A I • • Mars r brmxy 12, IM JlppliaontsUrAb pride kien 6297 Sall Pad Orpce t Ca W630 ho wat s 1b pewit beer and wine sales in Cnkj=Ucn with an misting ckive-tbru di►i 192 imas Laaetion s eub ja�ct property it looted atOwdo Meet Gast side at Sbssrde, ANtatisateIr 15O feet heath at MUOK JkMM. Applicant requests a review and submits an appeal to the deterrinatiOn of the zoning c omissi on and OMR6 78d l'C AMUG 1011 3II'M to the IM M box&. Rinse to 1r1 ndinW Is To Mpl icants kaovledge this drive-dairy is LA ■untiegton Ssacb. It has been cantinously in operation fat Seem 15 years. 7ht longest tenant, Mve miry, has lost mxwy do last fear s and has decided to quit the business and close doern the dal ry• Calva contacted sw end I decided to attept to make tha dairy profitable. Calve 9m w the followim am to mUnt ain and continue the businoss. Uwm a ^gpmati on were based upon tb ei r amps t iesrae at this lamatiaa• 1. 2t dairy must be rune by a family so that sere trouts could be ;put is ad hear owm mood ra pd rad. 2. The dairy east add grocaYy itams Seed beer wd visa saxes to inecem � Un gross rem"s Semi so that a reammumle pectit could be made. Calva indicated that it w" 1,16heir belief ttwet this was the w4y that the dairy amid twictlan in that sreigbbcwhood and continue to supp�y the c mmity with leer ovrt milk and allk pcoaets. I balim dat the Miry is OMgw to fur Qn Sad that it v"ld be considered a landmark and that: ttaw 1 befcund not to amir to this location. In additiain since most if not all of the pro&ts a ld ak the dairy an fear home ace rtiO4 1 will trot sell single, cow of beer. glee only beer t"t will be watlatete Ear she will be in mist pails cc la[gw. ^4 I'� • i r ii � i i • tAb hair 38 Smi#.est er • • i �t0►!eS All Wome � 49 not tesuit to an # t+resse i'tr 4fte ft i prs *Aa&itW# it will give the patr an an In"At+e doda e# M 410"1O tottrwtivsa &W since the bw. will bi 13 tx rams It vM M l I for bwr —an Wed not lik* '** aaw soom Mowers Is On 1M1 iiteoe the oanrriena stores in loha, rAAO vbood sell bane M am# dw argoovt that the drive thcu is inherently different is not valid. IM ecov ieence states allow their custmers to wit the stare end AAdy &U* the beer a vine if the custom so desires, age befog* eater thei c cat. A significant member ag convienae stare patr aw *ive to the store for their purduses* llesponse to findings 3: ":bye MC rules require all Mows to aai t thei g cars to buy beer/wirw. I will a wluttly follow there rules. Not only Is the regulation practical but I would not jeopardize my licence by not f ollaring it, Response to findings ` sr 90% of the drive-in-dairies in lcs Angeles County/Orange County have licenses to sell barer/wine. It is not an inccaphtible use, It allows the custaner a full rang* ad beverages to goose from with the prirary o"mais on & alodwIis bw ecaps. Uwe the beer and wine will only be sold in quantities to encaucage home c:ansusptionr I belieft that its use is not inompstibie. Nespons* to findings s : AMC ruler indicate that schoolst churcheeo hovpitals,public plWrounft, parlor youth facilities are beyond 300 feet and ste abject to ductal far ttsr stle of ftK/Wirw liareeta Competition is not a reason for denial on their part, It is only the populatlan per start. In addition Ana the diary will be selling for hoxe cxnsurlitian it will not caspttt with the individual an buyer not with the person who desires to drir* one can at beer imdiately. Aesponse to lindinp 6: We will caiply with city requircwent an landecapirq sad dr-iverthru laneg resptrcfully bitted j seal lRm jam i BOARD ' of ZOM4 A 4111wMit CITY OF LM ION MACH-C-Al ago DIM tT Mo. 64;2 Applicant: Linda Prith Rion 6297 ball Road Cypress , California 90630 Request: To permit beer and wine sales in conjunction with an existing drive-thou dairy business Location : Subject prop+:rty is located at 15692 tdwards Street (East side of Edwards Street approximately 150 feet North of Edinger Avenue ) Date of denial : rebruary S , 1966 beat Applicant : Your application was acted upon by the Runtington Beach Board of toning Adjustuents on February St 19940 and your cequest was Denied. Under the provisions of the Nuntington Beach Ordinance code, the action taken by the board of toning Adjustmonts is final unless an appeal is filed to the Planning Commission by you or by an interested party. Said appeal must be in writing and must set forth in detail the action and grounds by which the applicant or interestcd party deems himself aggrieved . Said appeal gust be accompanied by a filing fee of one Hundred and Sixty-five Dollars ( $165.00) and submitted to the Secretary of the Planning Comwission within ten (10 ) days of the date of the board' s decision. The list day for filing an appeal and paying the filing fee for the above noted application is February 15, 1986. Provisions of the Buntington Beach Ordinance Code are such that any application become* null and void one ( 1 ) year after the final � approvalo, unless actual construction has begun. r _Bffln. IM Q M I 1 . The PC $ad use pecait to allow the sale of beet and wig is cohiuna Boa with a drivo-tbtu dairy is 14es►asistent with lord Cie 's intent to prohibit beer and wive sales in conjunction wit dri�re-thou oc drive-up use. 1. Allowing the purchase of bent and wine through a drive-thru facility to austam*rs driving a vehicle does not minimise driving and drinking. 9. Purchasing beer and wine while in a vehicle wipes it difficult for the seller to detect whether or not the buyer is intoxicated or whether or not the buyer is of legal ago. . 6 . the sale of boor and wine is incompatible with a dcive-thru dairy. S . the dairy facility is within three hundred feet ( 3001 ) of two ( 2) existinq liquor stores . •` . She dairy site is nonconforming to the requites:ents of the w toning Code regarding landscaping and the drive-thru lane. The sale of boot and Mine would constitute an expansion of a nonconforming use. t hereby certify that Use Permit No. 56-1 was Denied by the Board of zoning Adjustments of the City of Huntington Beach, California, on tebruary S, 1086, upon the foregoing conditions and citations& Vet ruly o car / � I' Mon K . Godfrey, Secretary � Board of toning Adjustments ORG: jh ( lllld ) j son ioard bf $"Lag Ad justmonts MLaMte�r, �. i. . n6ceacy 9, 1964 � lags YO Glen Godit•x and Aar 1 Smitb asked t i kdird had iYOA • dpmnt's V"vest for; •lots aaa a come" driveway. 1399 91WKYT Na, 66-2 j figo eapti nda Prith glen A request to permit beer and win* salon in conjunction with an existing drive-thou dairy business . subject property is located at 25492 Bdvards street ( Bait side of Edwards Street approximA toly one hundred fifty loot ( 1501 ) Notrth of Sdinger Avenuo ) . This request is covered by Categorical Exemption, Class 1 We California Environmental Quality Act, 1984 . staff explained the subject property is toned C4 and is currently existing as a drive-thru dairy. There appears to be no landscaping , on the site and, according to Coda, six percent (64) must be provided. The applicant has indicated thine are no public buildings within four hundred feet (4001 ) of her location. staff said one response had been received in opposition to the request . Staff further stated that City Council has decreed there *hall be no beer and wine sales at service stations because of the 'drinking and drivin concept . based on these situations and the fact there at* two (2y liquor stores already located within three hundred feet ( 1001 ) of the applicant' s place of business, Staff is recomwading denial of the request. Toro Poe opened the public searing and the applicant, Linda Prith Klen, was present . The applicant stated she did not understand the findings for denial and, for Clarification , she was given a copy to road . The applicant said she owns a dairy in Cypress but has had no probless at that location - when a customer wants to purchase beer , they just sell it to them. Lee Evans further explained the City Council and Planning Commission 's feelings relative to liquor salts in mini-markets, and Daryl Smith expressed concern over possible car stacking problem which could develop at the site. Dosok Ti , 6541 Bdinger Avenue, Huntington beach, spoke in opposition to the project because of the potential traffic problems and accidents at the location. Norbert linters, 12112 Morrie Lane, Cardin Grove, said he had owned and operated a liquor store in the area for fifteen rears and he felt there were already enough places V i 10- 2/6/6 4 •_ � C lumetese N. Be IMOari of "Olay Adjustments rDbtr�y ie iiii wbere liquor could be purchased. Letters were also cs"nt4 to the 6"Cd from Richard R+ Makline 4052 Numboldt Drive# 10041agUn 3949bour a and Jim Marshall a tustington beash, in opposition to tbs request. W(W I WION BY SMITN AND WOMD bT OabMV* U" ltMIT NO& W2 OU WMIRD NT" its 1"OLLOWTM rIND1105 0 a To 3POL 4WING VM1 y11D1158 IOR DSNIAL's I. The proposed use permit to allow the sale of beer and vino in oo►n junct.on with a drive-thru dairy is inconsistent with the Cit 's intent to prohibit beer and wine sales in conjowtion wit drive-thru or drive-up use. 1. Allowing the purchase of best and wine through a drive-thru facilityto customers tower driving a vehicle doer not minimise 9 driving and drinking . I . Purchasing beer and vine while in a vehicle, ■rak(is it difficult fat the seller to detect whether or not the bulge is intoxicated or whether or not the buyer is of legal . . 4 . The tale of beer and tine is inco"atible with adrive-ZAcu dairy. S. The dairy facility is within: three hundred fist (3ael' ) of two 1 (2) existing liquor stores. 6. The dairysite is nonconforming to the r g equiresonts of the Zoning Code regarding landscaping and the drive-thru lane. the � gale of beer and wine would constitute an expansion of a nonconforming use. AYES: Cranwer , Evans, Godfrey , Poe, Smith XOQS s None hd59W i None INISTRATIV9 REvitw NO. e6-5 J► Michael 6chau A request to ad are Feet of office space and to permit joint use of Parkin� for a C tor ' s office use. Subject property is located at •! 7 Warner Avenue thwtst corner of Warner hvtnue and Magnolia street) . This request is covered by Categorical Xxomp►ti *as It California NnviroWWntal ipuality Act, liW • �lli Z/S/ii � N �. ASO SOAAD, 1, I StraugI,y pretest the isiuixts of a beer ad wine ' 1 ioelse to Oat va Dairy on Ed wand a aW Id i anger o Al rh i I am no longer* in the retail liquor business,, I , was I for many years sM can gee three very good rewwas the lio#nse should not be 1,�stied . I * Already there are at least three liquor outlets' I not more than 1/r3 j of a mile away. One not more than 4o yards and in the same parkins lot as Galva Dairy* 2, Calva Dairy is a drive through dairy. A drive through beer g wine outlet seems all to convenient for people who abuse the driving privilidge. } The retailer will not be able to make a sound a judgement as to whether or not the driver is drunk. Since the driver need not get out of the ear to Fur- chase alcohol, thir retailer can not look for stagering, and other motor skills affected by drinking. Also , the lighting in the car most likely would be poor and the ' retailer could not check for redness in the eyes. • Sincerlyr Jim Marshall uAtington ss eh V 4 � MOAK44go kh. T 1p ' • A.IAOwdrm 7 -PA4AW Are r"" �- li v 4 ,�lrsr o ox Aewmwfi jogwy /~ww AJ«► • AVA AAWWVS eoV X+,�vr, ► ,,, ,ter! -7-'Awr✓r ot*c dry Al;oWW# O�S- yAWS OV-- 4W -eo*wr- (14449%) r �'VA kli��+�+ /�O d� !s /�Yi�+r�'w+t lO�J�� -�T • �� �, ►s !�� *so co"s A/lv7- 4j;va A1)pg,,c4+wr ,lr�/cv AAX4.*$ .die / .96s0 itve� r1 eAWIVI #S 4!!�O*�VAOWJ *vA ormu'Apor A414 Ir Allow Aelo 'cur`dr 4e r►moor . o,c ,+ c&s1ocj c Awomow. as,*+, I r l k Vawy APA*40 r' t�,r,I �yAi��►� �li�'�.+�lw� �� � k/11� rCi i�+►��� t� JD�70M2, .1 /}� ��; P#fl^OOA� IMYSA .4i AV Af i AMP- C41CIFA011 4*4W )4W &of A* jo ,lob Ar / w ijr L ►s� rev !� 7 It .�6r�n a. .r. itF'rf+��- '+�rl ..�... •r '.r- •rec' i.N '.i' - .. .A.p�.v. ,... 'F A \ BOW' Of zomra WUMM .,J ant OF HU~XW MACH-CM Mmu •� it a sex M."" ti111 Pflaxz 00. 06-2 Applicant: Linda Prith Ritn 6297 call Road Cypress, California 90630 Request: To p,stnit beer and wine sales in conjunction with an existing drive-thou dairy business Location : Subject property is located at 15492 Rdwacds Street ( East ride of Edwards Street approximately 150 feet North of Edinger Avenue) Date of Denial : February S, 1986 dear Applicant : Your application was acted upon by the Huntington beach doacd of j Loning Adjustments on February 5 , 1986, and your request was Denied . Ondec the provisions of than Huntington Brach ordinance Code, the action taken by the Board of Zoning Adjustments is final unless an appeal is filed to the Planning Commission by you or by an Interested party . Said appeal must be in writing and oust set forth in detail the action and grounds by which :he applicant cc interested party deems himself aggrieved . Said appeal must be accompanied by a filing fee of one Hundred and Sixty-five dollars ( $165 . 00 ) and submitted to the Secretary of the Planning Conaission within ton ( 10 ) days of the date of the board ' s decision . The last day for filing an appeal and paying the filing fee for the above noted application is February 150 1986 . Provisions of the Huntington Beach Ordinance Code are such that any application becomes null and void one ( 1 ) year after the final approval , unless actual construction has begun. February It 1914 Rage We biKb=M�ts talk- 29111 AL_ 1 . The peg s*4 use permit to allow the sale of beer and wine, in con;uncrlon with a drivt-thru dairy is inconsistent with the City« intent to prohibit burr and urine sales in conjunction with drive-thru or drive-up use . 2. Allowing the purchase of beer and wine through a dcive-thru facility to customers driving a vehicle does not minimise driving and drinking. 3. Purchasing beer and wine whirr in a vehicle makes it difficult for the seller to detect whother or not the buyer is intoxicated or whether or not the buyer is of legal age . . 4 . The sale of beer and wine is incompatible with a drive-thru dairy. S . The dairy facility is within three hundred feet ( 3001 ) of two 12) exiating liquor stores . •6 . The dairy site is nonconforming to the requirements of the Zoning Code regarding landscaping and the drive-thru lance . The sale of beer and wine would constitute an expansion of a nonconforming use . Z hereby certify that Use Permit No , 86-2 was Denied by the board of Zoning Adjustments of the City of Huntington Beach, California , on February S , 1966, upon the foregoing conditions and citations . verX truly o rs, Olen X. Godfrey, Secretary Board of Zoning Adjustmont,s GXG: 1h ( 4141d) I rAIN . Ilia�ttes, �. 1�. posed o! :oniaq J1d justs�nts S*bcudry !, 1916 tags ip qla god gay and Daryl twit • refloat the ftdgd hadg ven -development s r2malJor is ements and a Common ye 911i MUM M*186-p Meant: Linda Prith lien A request to permit beer and wine sales in conjunction with ' an existing drive•-thru dairy business . Subject property is located at 15492 Edwards Street tract side of Edwards Street approximately one hundred fifty feet ( 1501 ) North of Edinger Avenue) . This request is covered by Categorical Exemption, Class 1 (a ) , California Environmental Quality Act , 1964 . Staff explained the subject property is zoned C4 and is currently existing as a drive-thru dairy. 'there appears to be no landscaping on the site and, according to Code , six percent ( 6E) must be provided. The applicant has indicated there are no public buildings within four hundred feet (4001 ) of her location . Staff said one response had been received in opposition to the request. Staff further stated that city Council has decreed there shall be no beer and wine sales at service stations because of the "drinking and drivin 4 concept . eased on these situations and the fact there are two ( 27 liquor stores already located within three hundred feet ( 3001 ) of the applicant 's place of business , Staff is recommending denial of the request . Tom Poe opened the Public Hearing and the applicant , Linda Prith Kien , was present . The applicant stated she did not understand the findings for denial and, for clarification, she was given a copy to read . The applicant said she owns a dairy in Cypress but has had no problems at that location - when a customer wants to purchase beer , they just sell it to them. Les Evans further explained the City council and Planning Commission ' s feelings relative to liquor sales in mini- markets, and Caryl Smith expressed concern over possible car stacking problems which could develop at the site , Dosok Yi , 6541 Edinger Avenuep Huntington Beach, spoke in opposition to the project because of the potential traffic problems and accidents at the location. Norbert Waters , 12132 Morrie Lane, Carden Grove, said he had owned and operated a liquor store in the area for fifteen years and he felt there were already enough places I i Minutes, No t. Ward of coning Adjustments ;y F*bruary S, 1588 idle 11 whet• liquor could be pueahased. Getters Moro also resented to that rsArd frow xichard R. 6Cklin, 4052 NUMMldt DC iVe# RuntihVton Barbour , and Jim Marshall, Nuntington Beach# in opposition to the request. UM MT10N BY SMITH AND SECONp 8Y GODINRY` USa PEPAIT NO. 16-2 WAS DRNIRD MtTN THN FOLLOWINC FINDINGS, BY TNR MLLOVINC ViDM 'PIMDZNGS f"OR QENIAG: � I 1. The proposed use permit to allow the sale of beer and wine in conjunction with a drive-thru dairy is inconsistent with the Cityy 's intent to prohibit beer and wine sales in conjunction wit f: drive- thru or drive-up use. 2 . Allowing the purchase of beer and wine through adrive-thru facility to customers driving a vehicle dots not minimize driving and drinking . 3 . Purchasing beer and wine while in a vehicle makes it difficult for the seller to detect whether or not the buyer is intoxicated or whether or not the buyer is of legal age. . 1 . The sale of beer and wine is incompatible with a drive-thru dairy. 5 . The dairy facility is within thee* hundred feet (3001 ) of two (2) existing liquor stores. 6. The dairy site is nonconforming to the requicaments of the Zoning Code regarding landscaping and the drive-thru lone* The sale of beer and wine would constitute an expansion of a nonconforming use. AM : Cranner , Evans , Godfrey, Poe , Smith NOBS : None ASSENT: None M M MISTRATIVE REVIEW NO. 86-5 Appli�Not : Michael Schau A request to a Square Feet of off act and to permit joint use of parking for a ractor ' ice use. Subject property is Located at 8907 warner Avenu west corner of Warner Avenue and Magnolia Street) . This teque covered by Categorical Exemption $ Cis s 1, Calif a Environmental Quality Act, 1984 . � -11� 2/5/86 - DIA 719 �.. "Mh all g mug U-MMMMMMMk ,s man now 00-1 NTICK 15 II UW GIVU that the Wmatt"tm Smack City Correll vIU Bold a poUie beats& Is the Gail Cb&M er at the I mtl ftt" bowA civic anted =0 ""a itreat. MrtisgtCa %*Cho Caliloralao on taw date 044 at the tiro ledLestod balm to receive and caeoidor rbe atateewto of r3.1 geRoao aW wish to be board relative to the applLeatios dasttibod ` UNS dA, n$ Mondays April 7. 1"6 'lWt 7:30 P.M. lowwrt Appeal to the Planning Commission's denial of Use permit Ad~3 L+OW10NGN: 15492 Edwards Street (*ant side of Edwards, approxirstely 130 feet north of Edinger Avenue) I i PROPOSAL: To p*rni.t beer and wine sales in conjunction with an existing drive-thru dairy business At. STMS: Categorically exempt frai the provision of the California Envftcknma tal quality Act. Oil FILI: A copy of the proposed appeal is on file in the 0epsrtrent of Development Services. ALL WrEUSTED PZRSdS are invited to attend said hearing and express opiaioeo or submit evidence for or against the application as outlined above. All applications, ezhibits, and descriptions of this proposal are ea file with the Office of the City Clark& 1000 Maio Street. Nuatiagton beach, California, for inspection by the pablic. NUN?xN MN VACH CITT COUNCIL by: Alicia M. Meutworth City Clark !bore (714) 536-5A05 Doted 3/24/86 y r " I I Impuz. of I= 01 MUL or an Pl9�MIT �2 � W?Zce IS SEMESY GIVEN that the Runtington beach Planning CowLssief will hold a public hearing in the Council Cbambec at the Muntiagton { beach Civic Center , 2000 Main Streit, puntington Meath, California, j an the date and at the time indicated below to receive and coasideR the statements of all persons who wish to be heard relative to the application described below. ZW - my IDA I TP TIME: tate ►+jr - -#o 198 6 - -0ti PM F'4=,ir APPLICATION NUMBER: Appeal of the D*nial of Use Permit 86-2 � AppLICANT APPELANT: Linda prith Kien ' LOCATION: 15492 Edwards Street (east side of Edwards , approximately 150 feet north of Edinger ) i ZONE: Ci (Highway Commercial ) ItE�T: To permit beer and wine *also in conjunction with an existing drive-thru dairy business . ENVIRCNMENTAL STATUS : Categorically exempt ON FILE: A copy of the proposed appeal is on file in the Department of Development Services, 2000 Main Street , Huntington eeachl California 92648, for inspection by the public . ALL INTERESTED PERSONS art invited to attend said hearing and express opinions cc submit evidence for or against the application as outlined above. If there are any farther questions please call Scott Heos, Assistant Planner at 516-5271 . James W. Palin, Secretary Huntington Beach planning Commission ( 4266d) Lek i one COMM Car l Headw s • 6572 Lim rick Hunt it�t Beac4w,Crr92630 ti 145-313-x6 Otani• MWerson 16071 ftrjan Huftt 13ton Beach,Ca92647 1,45-3 -17 Flor txa Wasown 6592 Limerick Huntington Beach, Ca92647 145-31 J-18 Jahn Murdy 6501 Edinser 145tin ton beach,Ca92647 -20 Ysidora Cots • 20552 Oxnard woodland Hills, Ca91364 145-31.3-24, 25 George VerketL Jar o Ulida 65UI Limerick 177t5 Joshua Huntingtin Beata, Ca921,47 Fountain Valley,Ca9270s 145-31 ]-10 143-313-2b Ken Tux i is Franchise Realty 6502 Limerick P.O.dox 66207 Huntington 6iach, Ca92647 Ch":ago, 11 60666 145-313-11 145-313-27 M Ruth Anderson Lillian Andre 4237 Jackson 6551 Walton Culver City, CA90230 Huntig1tan Beath,Ca92647 145- 3� '1 -12 14f,-3b1.-11 Alexander LoFwt Albert Buis • 6532 Limerick 6541 Walton • Hu rt in ton Beach,ra92630 RmtinRtm ■each, Ca92647 145-311-13 146-3bt-12 w .- •.M, -. a 0 M-V s+r Cowp+►ny Brian Moore Burtis Cow . 7th St 6552 Limerick POO-BOX Umta Ana, Ca 42701 NWt! ton Bch,Ca97o30 Los eleseCe IW56 11r6-1►�1-04 145-0ea-14 146-36 -13 v a � eirh 4 �� �ti� r� b2i4T 1t stt� 8h• Ce P27 Edord 1Alaa Ulm Caudillo Ns�a►tl ford Semb sCs►92647 l 6littt it Clare502 ta�a beach.,Ca g26i6T 145-121 -16 145- 3-01 Robert -Palermo AQW id Hhn 644 Cavan Hui tot! beack, Ca92647 Dowinador Canla►s Jere" Nang 646t Cavan 6532 Clare Hutimon diach, Ca92647 Hunti'c ton teach, Ca92647 j 143- -27 145-l11-03 ! Jeffrey Padden Al.bent Enstrom 6471 Cavan 6352 Clare Hutin ton beach, Ca92647 Hut ington Reach, CA92641 145-212-28 145-313-04 Phliip Yotkey Ro or barras , 6472 Cavan 6512 Clare 1H mtinBton Beach, Ca92'o47 Hung 3tc Beach, Ca92647 3 8� Rex Resurrection Jain* Cabacunian °. 6462 Cavan 3508 Rcsemery Huntin ton Beach,Ca92647 Huntin tors neach,Ca91208 t 145-20 -30 145-31 -06 �• , Myra Noyes Tbams Marlin 005 Uwirence 16095 Mes cite gg � Pacifica Ca 94044 Fountain Valley,Ca92708 145-202-51 143-313-07 Ross Nesting Katherine Chan 6432 Cavan 6531 Umerisk Winting ton Beach, Ca92647 Huntington Beath,Ca92b47 0 14.5-282 32 145-313-08 LAD D"1689 Penny williausou f 1''611 Da�lass 6321 Limerick Ana iM. & 92806 Huntin ton Beach,CaWfA? 143-282-40 145-311-09 t . hart in dusna ' M491'> John 11% Frr mt 2 RIAOF, K vat� Marcy 41m •y ' Kam7 li• �... n la ford �i Lisri,ak 63 ri k fWjV.tash Ca647 H ti tmacn ►vh,Ca9647 H � 1� agh� ag2f � I Edward Kalac Rawn Caudillo Ruth Anderson , 6462 Longford 650L Clare 4237 Jackson Huntington Beach, CagZ647 Huntington Beach, Ca92647 Culver Ci tye Ca 90230 143-ZB2 -16 145-31 j-01 145-313-11. Robert Palermo David Hahn Alexander Loper. 6441 Cavan ir.i a. sw OVS �.Zi �;' 6532, Limerick Huntington Beach, Ca9Z647 New Owner Huntington BeachscagZ630 145-Z t- ?A 145-313-02. " 145-j13-13 Dowinador Canlas Jerome Haag Brian Moore 6461 Cavan 6532 Clare 655Z Limerick Hunting tonleachCa9Z647 Huntington Beach. CagZ647 Huntington Beach.Ca92630 145- 3110-03 145- 3i3-14 Jeffrey Padden Albert Enstrom John Linde 6471 Cavan 6552 Clare 6562 Limerick Huntington beach , Ca9Z647 Huntington Beac►i. Ca9Z647 HungtingtonBeach Ca9263d 145-28�- P. 145-31 ?-04 145-.313-15 Philip Yockey Ro er Barran Carl Meadows 6472. Cavan 6592 Clare 657Z Limerick Huntington Beach. C99 647 Huntington 'leach Ca97.647 13untingtor. Beach Ca92630 145-UZ-29 145- 31 3-05 145-313-16 Rex Resourrecction Jaine Ca'jacungan Dennis Anderson 6462r Cavan 350E: Ro;,emury 16071 Marjan Huntirurton Beach. Ca9Z647 Glendale. Ca 91208 Huntington Beach, Ca 9=647 145-' -30 145- 31 3-06 145-31 3-17 Myra Reye© Thomas Martin Flor14a 4essman 805 Lawrence 16095 Metlui to 659L Limerick Pacifica . Ca 94044 Fountain Ya11ey. Ca92708 Huntington Aeach. Ca 9Z'647 145-7-GZ- 31 1 4 5- 313=07 14 5- 313-18 Rags Hantingn Katherine Chen John Murdy 6432 Cavan 6531 Limerick 6501 Edinger Huntington Beach Cag2647 HuntirW ton Beach Ca9Z647 Huntington Beacho Ca9Z647 145-282-32. 145-313-08 145- 313-ZD Lea Douglaac Penny 411liamson Ysidara Cole 10611 Douglssr, 6531 Limerick ZDS52 Oxnard Anaheim, Ca 92806 Huntington Beach, Ca9Z647 goodland Hills, Ca91 364 145-ZBZ-40 145-313-09 145-313-Z4oZ5 Martin Burns George Yerkett Jorge Ullda 2,49s o John freemont 6501 LimeAtc►c %1741; -`oskuu` MtopiaaP1 w1L-L-S, �^�1 1 ►4 11'LNGYO►+ oww*,GA gfN7 FDonvctlm 1 Iky , (4 9Z708 i� IL 66666 t r . • - i UI14aN Andat t. ASS 1 •MaA�a � '•`_� Nand." ton Bch, CA92i17 146-si�• 11 ., , , � � 1� 1,Cbt�t•It Rust 6311 Mdlton ;Iunt.i■nitost Beach , CA 92647 SMUA Coap. _ 1tinohisi Malty P. D. Box 7600 . P.0•.box 66U7 o& Angtl3� . CA 90054 Chiaagoo 11 60666 ••' t HOustn Company � Li•lli+w►n•�rtdra 610 f . 17 th S t. 6551 gal ton Santa Ana, CA 9 : 701 Huntington 8eaoheCa92647 1�6-�� 1 - a� •• 146-�61 -11 Albert• Ruiz 6ii41 gal ton " Huntington leaoh. CaM647 146•-q61 -m i Ps11tz b Assort Burnt Corpp 8070 Westminster Ave. P. 0. 9ax 7600 _ Westminster. CA 92683 Las A oles, Ca90054 t46-a6t-o _ _ Houn*r Zooy 5ar�a Are Ca 92701 _ ._.. ' �_ •ram• �• .•_� .�...�--� yam..+ ........w_� .�.� M.-w. •w..••ww�•'- _ .. - •• . -_ •• ... . . .. .w-* � -r ill/ •