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HomeMy WebLinkAboutCode Amendment 72-12 - Ordinance 1799 - Service Station Suff Page #7 - Council Minu., - 12/18/72 On motion by Green, Council waived further reading of Ordinance No. 1797, and adopted same ley the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ORD. NO. 1796 - CONTINUED - ZONE CASE NO. 72-36 The Clerk presented Ordinance No. 1796 for a second reading by-title - 'TAN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY. AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL"PROPERTY LOCATED EAST OF GOLDENWEST STREET, NORTH OF GARFIELD AVENUE (ZONE CASE NO: 72-36).". Mayor Coen stated. that he had been advised by staff that this matter should be con- tinued to the meeting of January 15, .1973, in order to obtain an Environmental Impact Report. On motion by Matney, Council directed that consideration of Ordinance No. 1796 be continued to the meeting of January 15, 1973 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None c ORD. NO. 1799 - ADOPTED - SERVICE STATION SUFFIX -j(�' The Clerk gave Ordinance No. 1799 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SUBSECTION G OF SECTION 9430.7, SECTIONS 9432.5, 9432.6.1, 9432.6.2, 9454.1, AND ARTICLE 948; AND ADDING THERETO NEW ARTICLE 948; AND ADDING THERETO NEV ARTICLE 94$ ENTITLED, 'SERVICE STATION SUFFIX' AND SECTION 9700.9(1) , DEFINING IDLE STATION." On motion by Green, Council waived further reading and adopted Ordinance No. 1799 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCES FOR INTRDD=ION On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1798, 1802, 1803, 1804 and 1806 by title and waived further reading by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ORD. NO. 1798 - FIRST READING - PARK AND RECREATIONAL LAND IN RESIDENTIAL DEVELOPMENTS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 974 THEREOF ESTABLISHING REGULATIONS FOR DEDICATION OF LAND; PAYMENT OF FEES, OR BOTH, FOR PARR AND RECREATIONAL LAND IN RESIDENTIAL DEVELOPMENTS." Page #8 - Council Minutes - 1!, 72 ORD. NO. 1794 - ADOPTED - ZONE CASE NO. 72-33 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED BETWEEN INDIANAPOLIS AVENUE AND A POINT APPROXIMATELY 600 FEET NORTH OF ATLANTA AVENUE ON THE WEST SIDE OF BEACH BOULEVARD (ZONE CASE NO. 72-33)." ORD. NO. 1795 - ADOPTED - ZONE CASE NO. 72-34 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED SOUTHWEST OF DELAWARE STREET AND ELLIS AVENUE (ZONE CASE NO. 72-34) ." ORD. NO. 1799 - FIRST READING - SERVICE STATION SUFFIX - - The Assistant City Clerk presented Ordinance No. 1799 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SUBSECTION G OF SECTION 9430.7, SECTIONS 9432.5, 9432.6.1, 9432.6.2, 9454.1, AND ARTICLE 948; AND ADDING THERETO NEW ARTICLE 948 ENTITLED,"SERVICE STATION SUFFIX," AND SECTION 9700.9(1) , DEFINING' IDLE SERVICE STATION." The Assistant City Clerk informed Council that they had been provided with copies of corrected pages 7 and 10 of Ordinance No. 1799. The City Attorney explained the changes which had been made in the proposed ordinance. Following a reading by title of Ordinance No. 1799, Council waived further reading of same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None EMERGENCY ORDINANCE NO. 1800 - ADOPTED - ENVIRONMENTAL IMPACT REPORTS The Assistant 'City Clerk presented Emergency Ordinance No. 1800 for a reading "AN ORDINANCE- OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE .CODE BY ADDING THERETO NEW ARTICLE 972 ENTITLED, "ENVIRONMENTAL IMPACT REPORTS." The City Administrator requested the City Attorney to comment on the proposed ordinance. The City Attorney addressed Council on the matter, stating that the most important aspect of this ordinance is that it gives "teeth" to the EIR process because it pro- hibits the approval or issuance of any permit or entitlement when the required finding is negative and not outweighed by substantial benefits to the community. He spoke regarding the legal ramifications of the matter and discussed the changes which had been made on Pages 1, 2, 5, 6, and 7 of the ordinance. He referred to Section 2 of Page 6 which gives reasons for the emergency nature of this ordinance which he bad previously explained. Following a reading in full of Emergency Ordinance No. 1800, on motion by Matney, Council adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None 580 Page #6 - Council Minutes - Zl/,, /2 Mrs. Grace Poage, 9052 Christine Drive, City, addressed Council and stated that she believed that the property should not be zoned for commercial use. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Green, Council directed that a decision on Zone Case No. 72-31 be deferred to the December 18, 1972 Council meeting, and in the meantime the representatives of Sanitation District #11 will consult with the Sanitation Board. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - MASTER PLAN AMENDMENT N0. 72-6 - APPROVED - RES. NO. 3591 - ADOPTED Mayor Coen announced that this was the day and hour set for a public hearing on Master Plan Amendment No. 72-6 - an Interim Open Space Plan which is an element of the Master Plan. This interim plan recommends goals and general policies for preservation of open space its Huntington Beach. The Clerk informed Council that all legal requirements for publication and posting had been met, and that he had received no communications or written protests to Master Plan Amendment No. 72-6 or to the recommendation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Master Plan Amendment No. 72-6. Mayor Coen declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Gibbs, Council approved Master Plan Amendment No. 72-6 by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Caen NOES: Councilmen: None ABSENT: Councilmen: None The Clerk was directed to read Resolution No. 3591 by title - "A RESOLUTION.OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ITS MASTER PLAN OF LAND USE TO INCLUDE MASTER PLAN AMENDMENT NO. 72-6 - INTERIM OPEN SPACE PLAN." On motion by Green, Council waived further reading of Resolution No. 3591 and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - CODE AMENDMENT NOS. 72-12 & 72-20 - APPROVED Mayor Coen announced that this was the day and hour set for a public hearing hearing on Code Amendment No. 72-12 and Code Amendment No. 72-20 - initiated -by the Planning Com- mission. The Code Amendments propose the following: k Page #7 - Council Minu..-s - 11/6172 Code Amendment No. 72-12 - Repeal Article 948 Service Station Standards (Special Commercial Developments) and adding Article 948 - Service Station Suffix: Code Amendment No. 72-20 - Amend Huntington Beach Ordinance Code, Sections 9711.1 Abatement of Nonconforming Use, and to repeal Sections 9430.7(g) service stations in the C2 District, and Section 9454.1 service stations in the C3 District. The Clerk informed Council that all legal requirements for publication and posting had been met, and -that'he had received a communication from Western Oil and Gas Association regarding Code Amendment No. 72-17. Mayor Coen declared the hearing open. The Planning Director presented slides of service station operations in other cities which are comparable to the service stations standards as proposed by Oode Amendment No. 72-12. Discussion was held by Council regarding the section dealing with appeals by ag- grieved parties, and it was suggested by the City Attorney that Council might wish to review this section to add the Council's right to appeal as an aggrieved party. . . Mr. Frank Walker, representing Western Oil & Gas Association, addressed Council con- cerning several of the provisions in the proposed code amendment and stated that his company objected to the rear bay entrances for service stations. Mr. Nick Spencer, Volga Drive, City, informed Council of his desire that facilities for the handicapped be incorporated into the service station standards. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearings on Code Amendments Nos. 72-12 and 72-20 were closed by the Mayor. On motion by Gibbs, Council sustained the decision of the Planning Comaaission; .approved Code Amendment No. 72-12 stipulating that a provision be included for Council appeal, and directed the City Attorney to prepare an ordinance amending the Huntington Beach Ordinance Code. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None On motion by Gibbs, Council sustained the Planning Commission; approved Code Amend- ment.No. 72-20 and directed the City Attorney to prepare an ordinance amending the Huntington Beach Ordinance Code. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None 54 l� Affidii.vit ®f P ficat,®n State of California 'County of Orange ss City of Huntington Beach George Farquhar, being duly sworn on oath, says: That he is a citizen of the United States, over the age of twenty-one years. That he is the printer and publisher of the Huntington Beach i weekly newspaper,of general circulation printed and pub- News, 'a G L ✓�.. >r'a`w' lisped in Huntington Bead; California and circulated in the said �_,���-� �--t��� ioi1----•' County of Orange and elsewhere and published for the dissemination of local and other news of a general character, and has a bona fide subscription list of paying subscribers, and said paper has been ^'" established, printed and published in the State of California, and County of Orange, for at least one year next before the publication �'', of the first insertion of this notice; and the said newspaper is not devoted to the interest of, or published for the entertainment of any particular class, profession, trade, calling, race or denomination, or any number thereof. The Huntington Beach New was adjudicated a legal newspaper of general circulation by Judge G. K. Scovel in the Superior Court of Orange County, California August 27th, 1937 by order No. A-5931. i2 b9�2 d Huntington Beach News,oct:1 NOTICE OF PUBLIC HEARING That the CODE AMEND14ENT 72-12 CODE AMENDMENT 72.12 NOTICE IS HEREBY GIVEN that a pub-1 lic hearing will be held by the City Council of the City of Huntington Beach, of which the annexed is a printed copy, was published in said news- in the Council Chamber of the Civic Center, Huntington Beach,' at the hour of 7:00 P.M., or as soon thereafter as, One issue ,Possible, on Monday the 6th .day of paper at least November, 1972, for the purpose of con-I1 sidering a code amendment initiated by the City Planning Commission, tq repeals commencing from the 12th day of October Article, 948. Service, Station standardsl (Special Commercial Developments,) an& adding Article 948'- Service Station Suf=l 19 72, and ending on the 12th day of October fix, All interested` persons are invited to attend'.said hearing and express their opinions for or against,said Code Amend- 19 2 both days inclusive, and as often during said period and meet, times of publication as said paper was regularly issued, and in the Further information may be obtained) regular and entire issue of said pewspaper proper, and not in a from the Office of the City clerk. supplement, and said notice was published therein on the following DATED 10/6/72 CITY OF HUNTINGTON BEACH dates, to-wit: { By: Paul C. Jones City Clerk Oct. 12, 1972 —----- --- publisher Subscribed and sworn to before me this 13 th day of October_ 1922—. Notary Public jJ Orange County, California THOMAS D. WYL Notar Y Public-Cal iornia o o Orange County My Commission Exaires September 12, 1974 /, A �� i t_,ty of Huntington Sear County of ®range State of California Jf fidavitof Publication of GEORGE FARQUHAR Publisher Huntington Beach News Filed Clerk By Deputy Clerk 7d Publish 10/12Z72 PUBLIC HEARING SET Postcards 0 FOR:. ._.../f .�.�:!..:..!r NOTICE OF PUBLIC HEARING CODE AMNIM SENT 72-12 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:00 P.M, , or as soon thereafter as possible, on Mnndav the 6th day of November , 19 72 , for the purpose of considering a code amendment initiated by the City Planning Commission, to repeat. Article 948 Service Station Standards (Special Conmerci.al Developments,) and adding Article 948 - Service Station Suffix. All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment Further information may be obtained from the Office of the City Cleric. DATED: 10/6/72 CITY OF- HUNTINGTON BEACH By; Paul C . Jones City Clerk City Clerk City of Huntington Beach The Huntington Beach Planning Commission, at their regular/adj-ourned meeting held <1� o j C , recommended of If approval has been recommended, the City Council will be required to hold a public hearing on this matter. Although there is a 10 day appeal period, we suggest that the matter be set for the earliest possible City Council meeting, because the purpose of any appeal is to have a hearing before the City Council and this is already being accomplished. We further suggest that you not accept any appeal, as it will serve no purpose. If approval has been recommended other than as requested, the City Council will be required to hold a public hearing on this matter. However, there is a possibility that the Planning Commission's decision will be appealed; therefore, we suggest that publication be held off until the 10 day appeal period has expired. If denial has been recommended, the City Council may summarily deny the request. However, we suggest that the matter not be scheduled on the City Council agenda until the 10 day appeal period has expired. A copy of the Planning Department legal notice, and=a=1=i=s�t=o-f=ovne:r--,s=of pr-aper_t�i=t-h-in==300=€-ee--of t--he=s-ubj:ec--t--aL will be submitted upon your request® • � �The applicant in this matter is (Address) (Telephone) • Kenneth R. Reynolds, Planning Director By O O it /I U s s Number of Excerpts None Publish Once LEGAL NOTICE NOTICE OF PUBLIC HEARTNG CODE AMDKM NO 72-12 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Planning Commission of. the City of Huntington Beach for the purpose of considering a Proposed Coda Amendment to the Huntington Beach Ordinance Coda by repealing Article 948 Service Station Standards (Special Commercial ercial Develo nts)o adding Article 948 - Service Station Suffix. Said hearing will be held at the hour of 7:00 ^)nOctobar 3, 1972 , in the Council. Chamber of the Civic Center, ur_tington P,--ach, California, nn 5th Street beti�.,een Mai Street nd Orange A,renue. All int,.;rested- persons aj•�' invited to att(=-. - ai(! 1-iearing and express their opinion:, for or against the propose(: Coda Amendmant Further . information may b,.� obtgined from the Ci cy Planning Department. No 536-5271 DATED t11i:, alst d:1y o t' Septambar, 1972 CITY PLANNING COMMISSION By K.A. Reynolds Secretary i WHITE'CITY ATTORNEY BLUE-CITY CLERK CITY OF HUNTINGTON BEACH No. GREEN-CITY ADMINISTRATOR CANARY -DEPARTMENTAL REQUEST for ORDINANCE or RESOLUTION Date Request made by Department Oct. 259 1972 K.A. Reynolds Planning INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must be cleared and approved by the Director of Finance before submitting to City Administrator's Office. Preparation of an Ordinance or Resolution is hereby requested: CODE AMENDMENT NO. 72-12 (Attached herewith) 1. Staff Report 2. Revised Service Station Standards 3. Comparison of service station standards by various cities 4. Letter from Western Oil and Gas Assoc. , dated Sept. 28, 1972 Desired effective date Signed: /' Approved as to availability of funds Nov. 6, 1962 Director of Finance City Attorney—Please prepare and submit printed copies to this office by: City Administrator P.O. eox Aso CALIFORNIA 92648 October 25, 1972 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Planning Commission RE: CODE AMENDMENT NO. 72-12 ATTN: David D. Rowlands , City Administrator Paul Jones, City Clerk Gentlemen: Transmitted herewith is a copy of Code Amendment No. 72-12. Said amendment proposes to repeal Article 948 Service Station Standards(Special Commercial Developments) and adds Article 948 - Service Station Suffix. This code amendment was prepared and studied at the request of the City Council. The Planning Commission unanimously approved Code Amendment No. 72-12 at its October 3, 1972 meeting and recommends approval by your Honorable Body. The State Planning Act requires that a public hearing be held after which the code amendment may be adopted by ordinance. Planning Commission Study Sessions on Code Amendment No. 72-12: June 20, 1st Draft August 22, 2nd Draft and Comparison of Standards September 12, Set for Public Hearing October 3, Approved During the study of this code amendment it was redrafted five times. A complete survey of service station standards in other cities was conducted as part of the study. A Code Amendment No. 72-12 October 25 , 1972 Page 2 Supporting Information Submitted Herewith: 1. Copy of Code Amendment No. 72-12 2. Staff Report 3. Revised Service Station Standards 4. Comparison of service station standards by various cities 5. Letter from Western Oil and Gas Association, dated Sept. 28, 1972. Information to be submitted at the Public Hearings 1. Vu Graphs 2. Slides (Service Stations, Rental and Utility Trailers) 3. Staff Comments Respectfully submitted, K.A. Reynolds , Secretary KAR s j h enclss MEMO TO: Planning Commission FROM: Planning Department RE: Code Amendment No. 72-12 and Code Amendment No. 72-20 Date : October 3, 1972 Code Amendment No. 72-12 was reviewed by the Planning Commission at the September 12th meeting. At that time , the staff outlined three steps that would be required to implement the Service Stations Standards , Article 948. As reviewed by the staff, the first step would be to adopt Article 948 "Service Stations Suffix". The second step would be to amend the existing provisions of the code to remove service stations from all commercial districts and third to amend nonconforming provisions "Article 971" to require that service stations comply with the amortization as written into Article 948 . The second and third step has been incorporated in Code Amendment No . 72-20 which the staff discussed with the (commission at the September 1.2th meeting. The Planning Commission also directed the staff to set both code amendments for a public hearing. An additional provision has been written into Code Amendment No. 72-20 which will allow modernization of nonconforming service stations subject to an administrative review before the Board of Zoning Adjustments and certain amortization contained therein. The staff will be prepared to discuss Code Amendment Nos . 72- 1.2 and 72.-20 with the Planning Commission at t=he Octol)er 3rd meet i.ng. cn-4w ®GP 1. a� INTER-DEPARTMENT COMMUNICATION ' HI1Nflitlf;NT�I QQA('ll To Dick Harlow . From Dave Eadie Subject Revised Service Station Standards Date August 10, 1972 In comparing regulations governing service stations, I found that in general, Huntington Beach's standards were the most restrictive. This was certainly true on an overcall basis. Scever&-I cities that were surveyed had restrictions not contained in our ordinance. The survey includes a proposed revision to the corrected coy of Code Amendment No. 72-12. Back- ground materials specifically include: (a) Comparison of service station standards of S agencies. (Additional information received 4 after typing included but not typed. ) I (b) . Supplementary materials pertinent to the code revision. (c) , Code revision (all revisions to the June 20th draft are underlined) . a (d) Site plans (examples) . i :57 (e) Points of conflict graphs. >3 The planning Commission packets will include items (a) and (c)o i .i r( 9 1 SERVICE STATION REGULATIONS (BY CATEGORY) ADMINISTRATION i a HUNTINCTON BEACH: Special development standards , Article 948 . i Cede Amendment No. 72-12 as corrected 6-20-72. Y %IRVINE COMPANY Le.-ise control . CLAREMONT: Special development standards used in conjunction with Conditional Use Permit . GARDEN CROVF: Requires Conditional Use Permit. Special regulations WESTMINSTER: Requires Conditional Use Permit . SAN DIEGO: Locational criteria, development standards , operational standards. (Adopted by P.C. 4-12-72) . y FULLERTON: Requires Conditional Use Permit 41 : ORANGE COUNTY: Service Station District and performance and develop- ment standards. ` - Irvine Company does not have written standards for service station designs. Full. control because of ground lease. i LOT AREA :l HUNTINGTON BEACH: 150' x 150' minimum, 22 ,500 sq. ft. 'n IRVINE COMPANY 20,000 sq. ft. i CLAREMONT: 229500 sq. ft. ( for 2 islands and 2 service bays . Minimum frontage of 1.20 linear ft . on each street frontage. Additional 2,000 sq. ft. required for t each additional pump island or bay. GARDEN GROVE: As per C-1 regulations. WESTMINSTER: 22, 500 sq. ft. SAN DIEGO: 20,000 sq. ft. FULLERTON: None. Minimum 111 ° street frontage. 138' if 2 driveways ORANGE COUNTY: None , unless specified by overlay district symbol . LOCATION 3 HUNTINGTON BEACH: Permitted only at intersection of major and primary arterial highways or at intersection of freeway off-ramps , major or primary highway subject to: When granting service station zone Planning Commission shall consider; proximity to other service stations, residences, schools , hospitals . . . any adverse effect uses will have. IRVINE COMPANY: Sites determined on individual basis . CLAREMONT: May be located at intersection of major highways with freeways or other major highways. No more than two service stations at the intersection of a major street with a freeway service station not permitted abutting residential district. Except for industrial zones, service stations permitted only in conjunction with larger development; i.e. , shopping center. GARDEN GROVE: - WESTMINSTER: - I; SAN DIEGO: Must be located in neighborhood, community and regional shopping centers. Corners preferred. All service stations should front on atleast one major or collector street. Service stations for I heavy trucks locate in industrial areas. f FULLERTON: Must abut freeway on a street of 80' minimum width and served by freeway ramps or pert of integrated complex. ORANGE COUNTY: Locate within Service Stations Districts° s s i a DESIGN HUNTINGTON BEACH: Emphasis on quality and proper balance between structures and landscaping. Designed to conform with :i character and aesthetics of locntional area. IRVINE COMPANY: Design reviewed by Irvine° Sometimes architects are c.-iLled in, or plans are drawn "in-house. " CLAREMONT: Architectural. design shall be Integrated with that of the larger clove l-opmen't 2. I GARDEN GROVE: None WESTMTNSTER: None .BAN DIECO: I)evelopers encouraged t o use innovative site design. Architecture should be in h;irmony with other buildings . .. FULLERTON: None ORANGF. COUNTY None RESTROOMS HUNTINGTON BEACH: Visually screened if entrance is from outside. IRVINE COMPANY: Architecutral control CLARF,MONT: Screened from view of adjacent properties or public right-of-way by solid, decor, screening. GARDEN GROVE: done WESTMINSTER: None t SAN DIEGO: Not mentioned <0 ' FULLERTON: Screened by 6° high ventilated screening with o openings of greater than 12" and less than 1.8". ORANGE COUNTY: Not mentioned LANDSCAPING HUNTINGTON Ill?ACII: 6%, of net lot area including: (2) on-site ( 15) gallon tree planters. Permanent irrigation required. I..andscape separated by wall or curb at least 6" high. _ Planting to be harmonious with architecture. Plants generally no higher than 3° . IRVINE COMPANY: On special; landscaped streets--entire area between curb and building setback- to be landscaped except for driveway cuts° Other streets -- 10' from property line back. All areas not used for parking and storage to be Landscaped. One tree per 25 tinenr ft. C.LAREMONT: Landscaping approved by architectural committee. Ten feet from prope ty line where there are no Y driveway cuts. Trees required in civic area. 8'%, total area landscaped in addition to above. Automatic irrigation required. GARDEN GROVE: 3 ° wide I .D. planters along street side property line except for driveway. 150 sq. ft. at intersection. Landscaping along interior property line to a distance of W (3° wide). Masonry border of 6" high. All landscaping must be planted prior to occupancy permit-. WESTMINSTER: Landscaping plan provided for by Planning Department. Two feet wide along street property line. SAN DIEGO: 10% minimum. ' Landscaping developed according to "Developmental standards -- Operational standards -- Landscaped strips ," (P.C. 1968) and "Development and Maintenance Standards" (P.C. - 1970) . 15 gallon all shrubs and trees. Landscaping should be maintained according to above. FULLERTON: 3 ° wide planters along street side property line. 3% of parking area. ORANGE COUNTY: 5 ° wide planter along street side property line except driveway cuts. 6" curb to separate. C k i TRASH AREAS ` HUNTINGTON BEACH: Provided on site in area enclosed by 6° masonry wall to blend with architecture of buildings. IRVINE COMPANY: V wall enclosed. . CLAREMONT: Built integrated to design of station. To be approved by sanitation div. GARDEN GROVE;: Located so as not to interfere with traffic circulation. 6° masonry wall enclosed. WF.STM I NSTER : 5 ° Masonry wry I I bui It and not to interfere with regular traffic . S . AN D1hGO, 6' adequate screening of entire parcel area ( interior property line) no specifics on trash area. FULLERTON: 6 ° screened by wall or landscaped feature. �z t# ORANGE COUNTY: 6 ° wall. If unroofed must be 40°. from residential districts . R' } 4. . �- 3' PARKING HUNTINGTON BEACH: (Olio ~pace/ 300 gross, floor orcrr . Uiit. �4idc storage prohibi Led . I.RVINE COMPANY: 8 spaces minimum. CLAREMONT: 4 spaces/bay. 10 spaces minimum 9° x 20 ° . GARDEN GROVE: Not mentioned. - WESTMINSTER: No vehicles shall be parked or stored on premises except vehicles being serviced, vehicles of employees , or service vehicles used in operation of station. SAN DIEGO: Not less than 3 off-street parking for employees plus 1 space per bay. Should be clearly marked. Spaces should open directly upon aisle or driveway with safe vehicil.lar access . FULL.ERTON: Not mentioned. f ORANGE COUNTY: Not mentioned . C k - I f i DISPLAYS - VENDING MACHINES E HUNTINGTON BEACH: Vending machine placed within building. Display permitted if located on pump islands or where canopy has been provided. Outside display setback 50° from exterior property line. i s IRVINI' COMPANY: Architecturali control. ► CLAREMONT: Permitted only within building or in enclosed cases on pump islands , or on outside display dispensers specially designed. 1 GARDEN GROVE: Permanent tire racks not over 30° long, fully enclosed and architecturally comparable . One portable tire rack per street frontage. Incidental items may be located outside. WESTMINSTER: Permits storage and display provided that no displays located within area between street and pump islands . SAN DIFGO: No Outside d i-spl riy except for oil cases on pump islands , { VULLERTON: go of I ( ORANGE COUNTY: i i SERVICE BAYS. 11UNT1NGTON BF.AC11: 00enings shall be (lcsigiied to mit1imize visti;i1 intrusion onto abiiLt ing property and in i)o c:;isr shall they face the public highway. No more than 3 bays permitted. IRVINE COMPANY: Street sca ed concept (Jamboree and San .Joaquin Hills Road semicircular treatment-. CLAREMONT: No specific regulations. Architecture board review. GARDEN GROVE: None WESTMINSTER: Rear entry bays . SAN DIEGO: Should lace on side or rear property line so not visible from public street. Pump islands locate not closer than 20' to proporty line for ease of acces F ULLERTON: None ORANGE COUNTY: None 0 SCREENING HUNTINGTON BEACH: (Separation walls) 32" high decorative masonry wall along interior property line except for driveway cuts. Openings may be waived by BZA when 3° planter provided in lieu and screened by landscaping. IRVINE COMPANY: Wall or landscaping forming opaque screen shall be Installed along property which abuts i.ndistr. ial use . 6 ° in height. CLAREMONT: Perimeter wells may be regtiired. C;ARD17N GROVE.- 6 ° wall on interior property line next to residentially- zoned property. 3° wall next to commercial or industri. zone or planter to extend at least 50% length of property line. WESTMINSTERQ 6 ° next to residential stepping down to 36`° -within 20' of street property line. SAN DIEGO: 60 wall protected by wheel stops or curbs. FULI:ERTON: If next to residential - 8 ° high wall. descending to 3 ° at 15° back of property line. 6.. �.% ORANGE COUNTY: bt abuts rewidential or agricultural zone a wail not less than 61 and no more than 71 shall ue built extending to withing 20' of property line, than 3 ft ' . No signs. SIGNS HUNTINGTON BEACH: Limited to one major sign not to exceed 81 in height Misc. signs surrounded in one structure if located adjacent to arterial highway at least 100' from intersection. Design subject to BZA approval . IRVINE COMPANY: One free-standing not to exceed 171 (45 sq .ft .max. per face) . One I .U. sign not to exceed 8 sq. ft. maximum letter height 11 . CILAREMONT: Architectural commission approval required. Free- standing signs not to exceed 81 . Other regulations subjects to location. GARDEN GROVE: As per C-1 WESTMINSTER: As per C-1 a 't SAN DIEGO: One I .U. sign on building or canopy/street frontage less than 12 sq.ft. Free standing less than 121 high 3 in lieu of types - if warranted. 24 sq. ft. per face (48 sq.ft. total) . One double face or single face price sign permitted 15 sq. ft. , 76' high. May be lit but not flashing. FULLERTONo One I.D. ground sign per frontage, 1 sq.ft. per lineal ft. frontage plus (l ) 20 sq.ft. price sign per frontage. Height varies with zone. 4 sq.ft. of } building sign per lineal ft. of frontage. Y ORANGE COUNTY: Total area less than 300 sq. ft. One free standing sign 100 sq.ft . maximum. Two 20 sq .ft. price signs . Priduct advertisement signs not to exceed 75 sq. ft. No blinking or flashing. 7 . SETBACKS HUNTINGTON BEACH: Pump islands to be setback minimum of 151 from street property line. Canopies may project to within 5 ' of fron and/or exterior property line minimum ground clearance of 121 maximum- pitch of 4 in 12 with maximum of 4 IRVINE COMPANY: Special landscaped streets 301 . Canopy can project b ' into setback. Other streets 101 . Interior setbacks 201 from side and rear lines; unless a part of complex in which case 51 . Three ft. encroachment for canopies in in- terior setback. CLAREMONT: 101 minimum from any property line. Pump: I islands 251 from property line. CAREEN GROVE:: - WESTMINSTER: - SAN DIE:GO: Pumpislands no closer than 201 to property p p y line. FUL ERTON: 5 ' side yard if next to residential zone . ORANGE COUNTY: 171 from ultimate right-of-way. SITE CLEARANCE: HUNTINGT0N BEACH: Autos and other obstructions may not be parked' in triangulated area of 351 from intersection. IRVINE COMPANY: Lease control . 3 CLAREMON'T: Not mentioned. GARDEN GROVE: 40' radius, free and clear from intersection. WESTMINS'TER: 25 ' clearance radius from intersection. SAN DIEGO: Not mentioned. FULLER'TON: Not mentioned. ORANGE COUN'fy: Maximum plant height 3� ' within 201 of intersection. ABATEMENT, NON-CONFORMANCE HUN'TING'TON BEACH Existing service station sites made non-conforming as a result of. "Service Station" Suffix, shall conform with requirements according to following: a. Adjunct uses , vending machines , merchandise dis- play-removed or altered to comply within 3 months ' after article takes place. b. Restrooms , landscaping, trash areas , separation walls , signs removed or altered within 5 years. c . Design, service bays, pump islands , canopies within 10 years. IRVINE COMPANY: Not mentioned. CLAREMON'T: Deemed non-conforming of no C.U.P. Existing non- conforming stations may be renovated with C.U.P. GARDEN GROVE - s WEST'MINS'TER: Abatement- of Nuisance - Any building or structure con- structed, erected, altered, moved, or maintained con: . trary to the provisions of this chapter, and any property used contrary to the provisions of this chapter or any failure to comply with any conditions j attached to the granting of any Conditional Use Permit or Variance shall be, and the same is hereby declared to be, unlow£ul and a public nuisance , and the duly constituted authorities of Westminster shall immediatell commence actions or proceedings for the abatement, removal , and enjoinment thereof in the manner provided t by law and shall take such other steps and shall apply to a court of competent jurisdiction to grant such relief as will abate and remove such buildings, struc Lure or use and restrain And enjoin any person, firm or corporation from constructing, erecting, altering, moving, maintaining, or using any property contrary to the provisions of this chapter, or failing to comply with any conditions attached to the granting of any Conditioned Use Permit or Variance. SAN DIEGO e SeeI)iscontinuance. FULLERTON: No abatement period . ORANGE COUNTY: No abatement period. i i f i 5{` Y 1 1 .-. . ,.. COMPARISON OF ABATEMENT AND DISCONTINUANCE DISCONTINUANCE - REMOVAL HUNTINGTON BEACH: If service station not operated for 12 consecutive months or is abandoned or conditions of approval are not complied with, City will require, at the sole expense of owner, removal of building, clean up of site , and underground fuel tanks removed or filled. IRVINE COMPANY : Not mentioned (probabl-y deed or lease restrictions) . CLAREMONT: If vacant for more than 12 months , C.U. P. shall be voi,e CARDEN GROVE: - WESTMINSTER : Any change in use , even though permitted in zone shall. be declared " a public nuisance. 3 lE service station discontinued and not re-established within 90 days , C.U. P. becomes void and buildings shall be public nuisance. If hardship exists then a 90 day continuance may be granted. SAN DIEGO: If operation discontinued for more than 1 year, station, will be redeveloped for other use or all buildings and underground tanks should be removed and site cleared except for 2 , free standing signs with maximum face area of 16 sq. ft. each and height of not more 3 than 5° ' FU LL ERTON: - ORANGE COUNTY: - IIERMITTED USES -' REGULATIONS IIUNTINCTON III Service stations selling motor fuels and supplying goods and service defined in S. 970. No major repairs as defined in S.970 or sale or rental of new or used vehicles requiring license for operation on street/ adjunct uses: automatic washing, etc. within main structure , space and rental of utility trailers . .i Outside storage prohibited. IRVINE COMPANY: Lease control . 1 A fi C,LAREMONT: Same as Huntington Beach plus separate C.U.P. needed for rental of vehicles (no more than 10% lot area used for rental storage. Rental vehicles may not be p�irked in required spaces for service stritions or hi a r.ea between bui_ l-d i.ng setback lines and street right - ol -way lines. 6° masonry wall screen from view of street or adjacent properties. No large truck or t roctor rental . GARDEN CROVE': Service SLatio» WESTMINSTER: Service Station SAN DIE.GO: Rental of trailers of not more than 150 sq. ft. area and trucks 7250 cubic feet permitted in commercial and residential zones. In industrial zones rental . of all types. Area devoted to storage should have ample i size, screening, landscaping. i `E i E t f 12. REGULATIONS FROM OTHER CITIES NOT CONTAINED IN HUNTINGTON BEACH REGULATIONS i 1. IRVINE COMPANY: - 3 ' CLAREMONT: Building Size: Not less than 1200 sq. ft . (exclusive of canopies) . Where only offices , storage and restrooms are provided , Planning Commission may approve reduction. Curb Cuts & Driveways : No more than 2 per street, no cuter closer than rom interior property line nor closer than 5 ° from beginning of curb return at .intet section. No driveway shall exceed 35 ' in width. Curb cuts minimum of 25 ' apart. .a Utilities: All underground. Off-Site Improvements : Curbs , gutters , sidewalks , pavement , street-ligHts , installed by developer (City Specs) . Drainage: Underground to avoid drainage across city ;7 wad or drive aprons. Paving: Area not planted or used for building shall Fe paved. Operations: See ordinance (contains in general; ,3 1-1-mitat ons on sales items, permitted operations, rentals) . GARDEN °ROVE: Outdoor Vehicle Service: Excepting that which is customarily performed on pump island-s , servicing shall be completely enclosed. WESTMINSTER: Service Station site layout. SAN DIEGO: Signalling Devices : Adjusted to minimize noise disturbance to adjoining properties. Petroleum Products Storage: All underground storage and all dispensing equipment to be designed to prevent =- hydrocarbon vapor or gas loss to atmosphere, in accordance with Air Pollution Control Officer of San Diego County. 7 0ce_r_aational Standards : 6:OOAM - 12:00 PM no signs if t between :00 PM and 6:00 AM. FULLERTON: Limitations on permitted uses , intermittant uses of property. " 13. CXTY OT SCOTTSDA1LE n Z o '. is ARTICLE II PROCEDURES 2.207 Ssction '2,2®7 Violation The violation of any condition imposed by the use permit shall constitute a violation of this ordinance. Amendment or addition to any use permit is subject to the same procedures as those which apply to a nety application. S=tion 2.213 Conditions flop Specific Uses A. Service Stations i No ues pwmit application will be accepted for a service station i unless accompanied by the following: i I. Datailed landscape plans showing plant, type, size and spacing shall be shown on Site Plan. All landscape plans shall include an automated watering system and planting areas shall constitute a minimum of give percent (5%) of the lot area and may be required to include as much as twenty pf°rcent (M) of the site, depending upon site sire. Lftqt of care and maintenance of the landscape areas Mall Q:2 considered duo cause for revocation of the Use Permit. All tress planted shall have a minimum caliper of tm inches (21 and all shrubs shall be at least "five (5) gellon" sire. 2. All structures approved under this Use Permit shall be of �.. a unique design character that is appropriate to the area in Reich they are to ba constructed. Renderings of building ;i shall accompany each application and construction shall, be in reasonable conformity thereto. All canopies shall be connected to the roof of the main structure unless other- tMse approved. 3. No driveway shall extend into the curb radius. 4. All source of artificial light shall be concealed and shall be attached to the main structure, unless otherwise specifi- cally approvad. All lighting shall be so designed as to s permit no g5are, 5. The minimum area of a lot considered adequate. to accom- modate this use, exclusive of street dedication, shall be 22,500 square fleet. 6. A solid masonry wall or planting screen shall be required bet%-axm all service station sites and residentially zoned propwtV. (height shall be as determinod in each case.) t, q J 7. Each site plan for a service station shall shoes three (3) types of areas as follows: a. Building area. b. Servico area which shall be screened from view by a masonry wall and within which all automotive repair and service shall take palace. (entry to indoor service areas shall ba from the rear of the station except in cases where it may be approved otherwise by the City' Council. C. Sales area,. S. A copy of tho We Permit stamped by the Planning Department, erg in plastic or otherwise framed, shall bz posted at all times on the premises. S. (done of the above criteria _shall prohibit the City Council from cconsidbring an application to reconstruct or remodel an existing ewvicce station. 10. Signs shdl lQ p0acad and maintained in accordance with the regula- bons of the $oning district except that the following signs shall be gloom : o. An &WeVM of twanty-flour (20 square feet of double-faced Om-standing sign maq ba placed and maintained as follows: (1) Ow (fl sign is allowed per strut tahich tho service station abuts. (2) Such signs shall ba permanent in construction, and shall ba ( subject to the provisions of the Building Code of the City of S�ottsl®. (33) The sign may be illuminated 'internally or by indirect light- ine, Ill The vertical dimensions of such sigh shell bQ no greater than four (4) feet and the tops of the said sign Shall bz no hit ov than five (5) feet from tho ground level. (5) Tho horiaontal dimension of such sign shall be no greater than y Un M) feet. (13) Such signs shall contain only the name of tho business which it idontifies, and shall not contain change-peanols. (7) The construction of a free-standing identification sign shall reduce the arw of the individual Business Idontification Sign p grmittedl under Section 8.401 by the amount of area allot 174 ' on ft fre3-sanding identification sign. Row. 3-71 -3 i .. - - �RTlCLE 11 PROC vRES 2.208 (83) The sign(s) shall be placed 1n a planter area, the size and location of which shall he approved by the Plan- ning Department. Planter areas should cover any ex- cess unsscreened portions of the property not required for parking, storage, or access drives, and should be utilized to control access to the site and traffic on the site. Landscaping and masonry shall not be measur- ed as a part of the sign for the purpose of meeting the height and size requirements of this section. All land- . scald arms shall be maintained to city standards. A plan shoeing the landscaping as required shall be sub- mitted to the Planning Department and approved by the Planning Director or by an agent of the Planning Director. The 'support for the sign may ba installed prior to the landscaping but approval of this foundation shall not be given and the sign itself shall not be instal8ed until the landscaping as shown on the plan is in place. b. Change-panel signs for the purpose off, displaying the current prig of the fuel mild by the stations may be placed and i mointeinod as follows: (1) One 0) ssisn is allowed per street which the service s station abuts. (2) The maximum 66ze of each such sign shall be as follows: I (a) Maximum of three (3) feet in height from ground level; (b) Maximum of. two (2) feet in width. (3) Each such sign may be double-faced and illuminated 'internally or by indirect lighting. (4) Each sign shall be permanently installed and loca%d, and may be free stondin* (5) Each sign shall be placed in such a manner so as3 to not interfere with or confuse traffic or present any hazard to traffic. i (6) The sign(s).shall be placed in a planter area, the size and location of which shall,be approved by the Planning Department. Planter creas should cmvor any excess unscreened portions of the property not required for parking, storm or access dlridos, and should be utilized to control access to the site and traffic on the site. Landscaping and masonry shall not bs measuredl as a part of the sign for the purpose of meeting the height and size requirements }' of this action. All landscaped areas shall be maintained to city standards. A plan showing the landscaping as required shall be submitted to the Planning Department and approved by the Plan- ning Director or by an agent of the Planning.Director. The support for the sign may be installed prior to the landscaping but approval of this foundation shall not be given and the sign itself shall not be installed until the landscaping as shown on the plan is in place. Rev. 3.71 A "t GOD SOUTH GRAND AVENUE v Los ANGELES, CALIFORNIA _J017 (213) 624-6386 September 28, 1972 x RECEO IED j 0 C T 2 1972 Chairman and Members of the PLANNING DEPT. Planning Commission City of Huntington Beach 417 Fifth Street f Huntington Beach, California 92648 Subject: Proposed Code Amendment m Service Station Suffix Gentlemen: The following comments are based on the third draft of Proposed Code Amend- ment No, 72O12, Service Station Suffix, dated September 7, 1972. Our com- ments are intended to be helpful to the Planning Commission in its delib- erations concerning this proposal. I Initially we would indicate that the zoning concepts as proposed in Sec- tion II as indicated on Page 2 of the draft are not entirely new, inas- much as we believe than similar zoning devices have been u'Zilized since the late 1920®s and have been commonly referred to as sinking zones, de- layed zoning, two-step zoning, overlay zoning and, in some instances, spot zoning. An analysis of the draft indicates elements of each of the afore- mentioned zoning devices. In each instance this technique is employed to create a particular type of use district which at the time is not geograph- ically delineated, but which can be subsequently located by petition of a .property owner desiring to develop a site for a particular use. Such zone or district floats over the entire government unit in no definite position until it is brought down to earth by a re-zoning amendment which fixes its boundaries . Ironically, this concept in land use planning is in a real sense anomalous with good planning, since the governmental planning body r k e initiative in (Planning Commission or Cit Council no lone takes th � g y ) g planning land development, but permits the plan to be patterned by peti- tioning property owners. Section II, B on Page 2, Building Site and Frontage, specifies a site of 22,500 square feet, with 150 feet minimum frontage. While it is true that many oil companies are developing or redeveloping facilities on sites approximately the 22,500 square feet criterion, .we do not believe it is necessary to include this as specific within regulations for the de- velopment of the service station site. Set-back requirements for both building and pump islands, placement of access drives, landscaping re- quirements, entry and circulation design, surface improvements, parking requirements, functional and economic verities all work individually and collectively to insure a site size that relates to the objectives of the city and, concurrently, relate to safety, health and general welfare. s i Chairman & Members of the Planning Commission City of Huntington Beach -2- September 28, 1972 In addition, the adoption of such criterion may require the acquisition of contiguous property that is not required for safe, functional, aes- thetic site development -- resulting in an unnecessary diminishing of the total available amount of commercial property in the city. We pre- ter to think that our recommendation to delete this standard conserves commercial property and more nearly relates to the principle of utiliz- ing land for its best and highest use. Section VII on Page go-, Landscaping, specifies that 10% of the site shall be landscaped. The oil industry, as a matter of free choice, is cur- rently providing landscaping on new and remodeled service station sites. .Such landscaping is being provided at the intersection, between drive- ways, along interior property lines, in planter boxes around the build- ing, and as an attractive screening device in front of restrooms . How- . ever, it is felt that a requirement of 10 percent constitutes an exces- sive and extravagant use of private commercial property. We recommend 5 percent which, by industry experience, will achieve the desired aes- thetic results for both the city and the industry. We further question whether other retail facilities are required to install a like amount of landscaping, Section XIV on Page 7, Service Bays, states that such bays "shall be de- signed to minimize visual intrusion onto abutting property and in no case shall they face the public highway." Many of our member companies, as a matter of free choice, have chosen to erect facilities with service bays facing the interior side or rear of the property. However, this is not always possible or desirable in that the general layout of site facilities may preclude the placement of service bays as proposed in this paragraph. The size and shape of some sites may, in fact, prevent °s the location of entrances facing away from a public street. Of prime importance in site development, traffic engineers must consider practi- cal and safe traffic patterns to provide the maximum assurance of safe- ty to both pedestrian and vehicular traffic. Criteria that may nega- tively affect such site development may contribute to unsafe on-site traffic patterns , In many instances, it is desirable to have the lube bays face the streets rather than face contiguous property such as residences, apartments, or even some types of commercial development. Section XVI on Pages 7, 8 and 9, Signs, limits the placement, height and area of sign on service station sites, The Association endorses and supports fair, equitable and enforceable comprehensive sign ordinances . However, we find it impossible to jus® tify in any way an endorsement of sign restrictions when such restrict- ions are applied to a singular type of land use. We must, therefore, Chairman and Members of the Planning Commission City of Huntington Beach -3- September 28, 1972 in good conscience sincerely recommend that all references to signs on service station properties be deleted from the proposal on the basis that all retail uses should be treated in 'a like manner, i In all fairness to the owner/operator of a service station it should be considered that his rights are no more or less than his neighbor in a similar zoning district. i Our comments are intended to be instructive and of assistance to you in your deliberations. A member of our staff will attend your October 39 1972 hearing to present oral comments and to attempt to answer any questions you may have, a V y truly yours J�ego� rank Walker s FWoer { 1 a i J a :a 6' ViY. ( 29„ November 1972 TO: City Council FROM: City Attorney SUBJECT: Code Amendments 72-12 and 72-20 . Service Station Suffix Upon recommendation of the Planning Commission and direction of the City Council, we transmit the attached ordinance which amends the city ordinance code by adding new Article 9488 pertaining to the regulation of serv- ice stations within the city . The attached ordinance combines the two subject code amendments within such article inasmuch as both deal specifically with service station standards . The appeals procedure has been modi- fied to incorporate the customary abatement procedure , providing for two public. hearings after a nuisance has been found to exist, permits the city to abate such nuisance , after failure to comply with Notice to Abate , and to place a lien upon the property to satisfy the costs incurred. Respectfully submitted, DON BONFA City Attorney WM: ahb Attachment