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HomeMy WebLinkAboutZone Change 84-14 - Shell Oil Company - SE Corner of Edwards Au"ifed to Pu~ Adrwneavwts of OR kinds rocs pufPk tk roolices by croe of tRq Supvnry Court or 014ne+ aunty. CIMPOM14. Nutvbw A•0214 dated 29 SOGIM1bOr t%e1. 04 A•24431. 4044 11 Juno 1141 STATE OF CALIFOAN;A County of Orange .,..� •�«.�. ...r.«,� �..... tv n l�t.� A MI w ► IMF 0M I0 vtr cam► . I am a Citizen of the United States and a rewdent of the County aforesaid: I am over• the age of eighteen years, and not a puny to or internted 1n the below entitled matter. I aln a nnncipat clerk of the Orange Coast DAILY PILOT. wlti*, wharch as combined the NEWS-PRESS. a newspapat o,,Af general circulation, printed and published irl the City of Costa Mesa. County of Orange. State of California, and Char' a Notice of Pull 11s aat1 na ._.,....,... of which ropy attached hereto is a true and compssle Ccpy. was printed and published 1r# that Costa Mesa. Newport Beach, Huntington Seach, Fountain Vafley. Irvine. the South Coast communities and Laguna ' v ,;. Reach issues of said nearspaper for _,1 L i Vic CONO M1`vacooelats to •.r1t the ime(s) of _. August_0_� 193 s . 198 19a_— tSS_..._ . 198 ,t declare, under penalty of perjury, that the foregoing Is true and correct. August 6 5 Exocuted on at Costly . California. r igneIwo R QUES FOR CITY COUNCIL CTION Date ILLI QUIlt 11,. 1. A5- Submitted to: Honorable Mayor and City Council Submittidby: Charles W Thompson , City ,+taminintrator Prepared by: .lames W. Palin, Director , Developrent Services Subject: ZONE: CHANGE NO. 84 -1 4 /t p Lk;,- ?120 Consistent with Council Policy? IIxees ( 1 New Policy or ExMffon Statement of Issue, Recommendation, Analysis. Funding Source,Alternative Actions, Attu:hAwitc STATEMENT OF ISSUE : Transmuted for your consideration is 7.one Change No . 84 -14 , 1 req%rest to add the service station suffix (Article 948 ) to the existing base zone of C4 , Highway Commercial . Vie applicant int:enda to demi_. lish the Existing service station on the site and construct a ,:anvenience market combined with a new se..vice station , the SS suffix is required in order to permit the new construction. RECOMMENDATION: The Planning Commission and Staft rectorr,r: end that !9)e city Council approve Zone Change No . 84 -14 by the adoption of the attached ordinance and Negative Declaration No. 64-28 . Planning Commission aciion on Jul ), 16 , 1965 : Otr MOTION 13Y PORTER AND SECOND BY FRSHWE, 2011F CHANGE NO. 94-14 AND NEGATIVE DECLARATION 110. 84-28 WFRF APPROM WITH FINDINGS BY THE FOLLGtaING VOTE AYES: Powe , Schumacher , Li vengood , Fisk, i ne, Porter , Mir jahangir NOES: tone ABSENT: WinchelI ABS:A:N : Nonce FINDINGS FOR APPROVAL: 1 . A change of zone from C4 , Highway CommerciaL Dis ►',rict # to C4--SS , Highway Commercial District - Service Station , 18 consistent with the General PlEin designation -of General Commercial anC intent and purpose of Artic.:e 948 . 2 . The proposed zone change _s compatible with surrounding commercial uses . Pic uae ANALYSIS: In July of 1984 , applications were filed to rebuild an existina service station with a food mart , detached car wash and to add the., Zone suffix -SS . The applications were, subsequently rejected in that the existing service station location was not in compliance with the locational criteria . Tiie criteria in affect at, that time required service stations to he located at the intersection of major and/or primary highways . The Rervice station operator initiated Code Amendrren, No. 84 -21 to amend the locational criteria . Thin Code Amendment 1 ) Article 948 has been approved by the Planning Commission and adopted by the city Council and became effective July 3 , 1985 . The amendment will permit a service station site to be located at the intersection of a secondary highway ( tdwards ) and any other highway (Solna ) provided that two of the three remaining corners are zoned and general planned c-'immercial . The applicant ' s request complies with this new provision in that the northeast corner is within the Westmineter Mall and the southwest corner (within Huntington Peach ) is zoned and developed as commercial . A conditicnal use permit for new service station development is required at this location pL4r tt.e new locational criteria of the code amendment . A new development proposal , Conditional Usw Pernit No . 84-24 , consisting of a convenience market combined with gasoline station and a small detached building for office and restrooms , was approved by the Planning Commission an Auqtist 5 , 1965 . ENVIRONMENTAL STATUS : Pursuant to the environmental regulations in effect at this time , the Department of Development Services pasted draft Negative Declaration No . 84 --28 for ten days , and no comment , either verbal or written were received . The staff , in its initial study of the project , has re_ .)mmended that a negatives declaration be issued. Prior to any action on Zone Change Nu . 84 -14 , it is necessary fer the City Council to review and act on tieg€+tive Declaration No. 84-28 . FUNDING SOURCE: Not applicable ALTERNATIVE ACTION: The City council may consider denying Zone Change No. 84-14 which would preclude demolition and reconstruction of a convenience market combined with gasoline station . ATTACHMENTS: 1 . Minutes of July 16, 1985 Planning Commiotnion Meeting 1 . Staff Reports dated .Tune 18 Pnd July 16 , 1985 3 . Negative De,. Iaration 4 . Ordinance JWP:SP: kla ItCA - August 19 , 1985 -2- ( 3018d ) (8du of Westminster I .Iv1( I'1 N 11 11 11V1 !;IMIN':11 14 110111 1 %%I 'O MINS II It (,AI 11 011NIA !IA ('ODD h(W III June 10, 1985 I'UNTING i CN BEACH t)1.11F.L0174%N-'r SERVICES JUN 1 a Ms Planning Department ;: C' . ( 1 n') City of Nuntindtnn React, HuntlntAin tic'.zch. CA 92648 P.O. Box 190 Huntington Oeach , CA 9264H Attention: Susan fierce , Assistant Planner Gentlemen: Subject: Conditional Use Permit No. 84-2 Q Southeast Corner of Bolsa Avenue and rdwards Street Thank you for sending us the plan for the proposed service station/carwash/ mini -market to be located at the southeast corner of Bolsa Avenue and Edwards Street in Huntingtor Beach . �r t After review, we have concluded that the project as proposed will probably have little impact on the Westminster Kalil area . However, we agree with you that the driveways on Edwards Street should be closed off to eliminate a source of potential accidents And alleviate congestion at the intersection , both of which could be aggravated by the increased intensity of the develop- ment. We feel that the use is too intense given the limited area of the property and that the carwash should be eliminated from the plan . That would negate both the need for the variance and for .!n erlt ants Edwards Street. We appreciate the opportunity of commenting on this proposal . Sincerely yours , COMMUNITY DEVELOPMENT DEPARTMENT PLWINING DIVISION ichael Bouvier AdMinistrative Assistant h r 1 GITV CW 0 4 L=H Iftow INTER-DEPARTMENT COMMUNICATION To From ENVIRONMENTAL RESOURCES SECTION Sub M NEGATIVE QECLARATIN Date NO. 04- 28 June 12 , 1985 Appl 11cent: Shell oil Company P .Q . Box 4848 Anaheim, Calif . 92001 R"Uts t: Reconstruction/modernization of an existing service station to a new self-serve station, and addition of a 760 ag . ft . Location: automotive car wash and an addition of an 800 sq . f t . cosl- veniunce market . Southeast corner of Bola acid Edwards 6502 Balsa Avenue . Sackaraund Based on the Staff' s Initial study of this project a Draft Negative Declaration ,as published in the local newspaper and posted fr. the Office of the City Clerk a 10-day public reviem period ending 1985 nd no collmU. the attached comments were rece ve . Ric e A Lion The Envirorrserital Resources Section recommends that the Plannin2 Con.nission approve Negative DecTarition NO. _ -23 f'inding tat tie p pasQ pro ect w 1 not have a significant adverse effect efftct on the environment. Mi tigtion„Mea, surfs ireuTThe attached mitigating measures will reduce potential environmental effects tirq frog the project and are recommended as conditions of approval . Aesp►ectful ly subrai teed. Diana Teran Blaisur• Assistant Planner 0 huntington beach development servicts dipaftment ETAf f REPORT .r.�.,....._ TO: Planning Commission FROM : Development Services DATE : July 16 , 1985 SUBJECT: CONDITIONAL USE PERMIT NO, 84-24/CONDITIONAL EXCEPTION NO. 84- 45/20NE CHANCE NO. 54-14/NEGATIVE DECLARATION NO. 84 - 28 On June 180 1985 the Planning commission continued action on Conditional Use Permit No. 84-,24, Conditional Exception No . 84-45 , Zone Change No. 84 -14 , and Negative Declaration No. 84-28 due to the length of the Agenda . On July 11 , 1985 , a revised plan was submitted for a convenience market combined with gasoline sales . The carwash has been deleted . RECOMMENDATION: Continue Zone Change No. 84-14 , Negative Declaration Ho . 84 -28 , Conditional Use Permit No . 64-24 and Conditional 'Exception No. 84-45 to the August 5 , 1985 meeting to allow sufficient time for evaluation. ATTACHMENTS: 1 . Staff Report dated June 18 , 1985 with attachments 'JWP : SP: kIa ( 2829d ) 0 a 3 . 0 SURROUNDING, LAND USE,- ZONING .AND GENERAL PLAN DESIGNATIONS: Subject ProjeRrty. GENERAL. PLAN DESIGNATION: General Commervial :ONE: C4 , Highway Commercial LAND USE: Service Station Northwest of Sub"Iec,•t Pr` o2erty : ( City of Wentminstvr ) GENERAL PLAN DESICIIATION: Commercial ZONE: C2 , General Business LAND USE : Westminster Mall Northwest of _Subject 4).roperty : GENERAL PLAN DFS I GVAT ION: Low I)f-n F i t.y ken i deri t i a l ZONE: Fit , Low Density Nesidr!nt iail LAND USE: single family residenc(-s Southwest of Suhieck Propert : GENERAL PLAN DESIGNATION: general Commercial ZONE: Ca , General Commercial LAND USE: Commercial 4 . 0 ENVIRONMENTAL STATUS : Pursuant to the environmental regulations in effect at this Lime , the Department of Development Services posted draft Negative Declaration No . 84 -28 for ten days , and no comments , either verbal or wrstten were received. The staff , in its initial study of the project , has recommended tioat a negative declaration be issued. Prior to any action on the zone change , conditional use permit and conditional exception , it is necessary for the Planning Commission to review and act on Negative Declaration No. 84 -28 . 5. 0 ISSUES AND ANALYSIS: In .July of 19841 applications were filed to rebuild an existing service station with a food mart and detached car wash and to add the zone suffix -SS . The applications were subsequebntly rejected in that the existing service station location was not in compliance with the locational criteria in effect at that time requiring a location at the intersection of major and/or primary highwayo. The service station operator initiated Code Amendment No. 84-21 to amend the locational criteria. This Code Amendment to Article 948 has been approved by the Planning Commission and adopted by the City Council and will become effective July 31 1985. The amendment will permit a service station site to be located at the intersection of a secondary highway ( Edwards ) and any other highway ( 8olaa ) provided that two of the threc remaining corners are zoned and general Staff Report - 6/18/85 S.2d" ( 2f 46d l ETA hunfington beach development services department REPORT FROM: D�$e48ps�erci�m�t�r� �ces DATE: June 18 , 1985 SUBJECT: CONDITIONAL. USE PERMIT 110 . 04-24/CONDITIONAL. EXCEPTION NO. 84 -45/ZONE CHANGE NO . 84 -14 /NEGATIVE DECLARATION NO. 84-28 APPLICANT: Shell Oil Company DATE: ACCEPTED : P . O. Box 4848 .Yunnee 4 ,, SAS Anaheim, CA 92601 MANDATORY PROCESSING_ DATE' : REQUEST: To construct a convenience Auqusl 3 ,' 1994 +� market with gasoline sales and drive- through car wash , ZONE: C41 Highway to permit a reduction of Commerciali on-site parking, to allow stacking credit for GENERAL PLAN : General drive- through lane , and commercial to chance zone from C4 to C4 -SS . EXISTING USE: Service --- Station ' LOCATION: Southeast corner of Edwards Street and ACREAGE : 0. 52 acres Bolsa Avenue '�- 1 . 0 SUGGESTED ACTION: Approve Zone Change No . 84 - 14 and Negative Declaration No . 84-28 and recommend adoption to the city Council based on the findings and outlined in Section 6 . 0 . Deny Cond : tional Use Permit No. 84•-24 and Conditional Exception t:o . 84-45 based on the findings outlined in Section 6. 0 . 2 . 3 CENERAL INFORMATION : Zove Change No. 84 -14 is a request to change the zone from C4 to Co -SS as required by Article 948 recently amended by Code Amendment No . 84-21 . Conditional Use Permit No. R4-24 is a request to establish a convenience market with gasoline sales and car wash pursuant to S. 9430 . 8 (b ) and S . 9481 . 3. Conditional Exception No . 84-45 is a request to permit a reduction of on-site parking pursuant to S. 9430. 8. 2( a ) . r A•f C.434 0 0%, SUGGESTED FINDINGS i 014 APPROVAL - ZONE; CHANGE NO. 84-14 : 1 . A change of zone from C4 , Highway Commercial Diatrict , to C4J% Highway Commerc-ial District - Nervico, Station, is cons iatc•sit . ."fh the Ceneral Plan inat ion of Ceneral (*ommercial and intent and purpose cit Ar t i vI a 1l48 . 2 . The proposed zone chanye• < <; compat. ih1c- with surrounding cotncneresa1 useB on two of (he! three r nrttr ining r. or nc-rn . SUGGESTED FINDINGS FOR DENIAL - CONDITIONAL. USF PEPMIT No. 84-24 : 1 . The site layout. and design of the proposed use does not properly adept they proposed structures to streets , driveways and other adjacent structure and us(-s in a hsrmoi, jous manner . 2 . The location of they vacuum and air/water noses limits the use of on-site parking spaces rvquirv•d for ► hc� convenience market . 3 . Dual egress points from Ldwards Street have the potential taf creating andi t ional trat t is irnpac:ts both on and off site . SUGGESTED FINDINGS FOP DENIM, - CONDITIONAL. F:XrFPTIUN 140. b4 -45 : 1 . He:catuse of ► },c. :: i Zvo cont iqurat icon , shape and lack cf tin iqu,. topographic' t o.ct tires, of t ho -;ut,3ect propv►rty, there daps fin" appear to be o!xceptional or #,xtraordinary circumstances or conditions flpl,l icahle to the- land , buiIdinfr:: or premises inv4:.-' that does not apply gone rally to property or clans of uses it� �. •. same district , 2 . Since the subject property can be fully developed within regular established setbacks , such a conditional exception is not necessary for the preservation and enjoyment of substantial property rights . 3 . Granting of t'ondit: tc.nal exception No . 84-45 would constitute it special privilege inconsistent with limitations upon propertic�r in the vicinity and Conforming conveniences markets with gasoline sales . 7. 0 ALTERNATIVE ACTION: The Planning Commission may chooses to takes the following alternative action : 1 . Continue Conditional Use Permit 84-24 in order to allow the applicant an opportunity to redesign the proposed facilities in accordance with the City 's codes without resorting to a conditional exception and allow staff an opportunity to develop appropriate conditions . 2 . The Commission may consider service use in conjunction with a single other use (market or cat wash ) . Staff Report - 6/18/85 -/ - ( 2646d ) planned commercirl . Thv appIicantrc reque.9t comp Iies with this: riew.• provision in tfiat th(, no► t.hraSL curner is within the Wee-tminfiLer Mall and the ,southwest corn(•r it; within Huntington Heaeh ; hoth corners zoned and developed ar. corrmerciai . A conditional use hermit for new servire rtlatinn di-velopment is requiren at this location p(-r thi- code amercinit'nt . Service ctation standards ( S . (Wj . 4 . 1 ) allow service stations with z Gar waste attached to the main huiIding . Section 9432 . 8 allows a convenience market wit_ ►; gabolin#- ,3alrs . S . 9430 . 7 allows a car waste where gasoline sale is a significant part of the operation sub3ect to the approval of t t:(- use pf�rrni t . Eight parking spaces arcs requirvo for the r. onven : enct• market ; parking requir(-d for ,i rlrivr- tf+rf)ugh �-ar wash is not specifi Cal I addressed in the c orio . Tfif! apid i ran'. has proposed r even on-si tf.- spaces ; Conditional1 Excoq t ir.n No , 84 -45 reeks relief from the eighth apace requ i rement . Thf, ry is ads rtuate space in the tar mash entry to accommodate tM-r7 spacv!- , and would tif' comparahlp tts 5 . 9791 . 9 . 6 which allows stack inn c:rt-dit fnr corrf•rcial vstablishments :pith drive-through wi ndnw!; . Three of the tf ven mi -si t v park i nci ` pacf•~ art• ad jacr'nt to Varijurr esnrl air/water hog-,es which r.inimi2vs ths• tit i 1 it_y of these Service !" . However , the southt- rnmost vartrurr, out Ir - could I eliminated anri ! hf.- air/water rolocat.ed ad tac vnt to t hr• nOr t. I,f1rn-%iu.; t ,pace . Tt,�- remaining f i v e pa ; k ing spac er would he avai laf, le for custoner and employee use of the market . 7hr—'e f i ve spacer do not. sa t i s f y S. 9430 . 8 . 2 ( a ) which rr~quirvs 8 spa ct-s for all convenience market:, comb i ned wi t h grit, l i nf= ;;a I fl:: . Public Works Departmf-nt has inforrn,-ci ,taff that the exit oriveway from the car waNh onto Edwards would not be permitted . This would necessitate rerouting the car wash exit lane and eliminating onto or two parking spaces . Pe. rout my the car wash exit lane may cause a traffic conflict with clutomobile:; entering the site . The proposea car wash Exit lane may a1zao .reate a traffic conflict with automobiles exiting the car wash and re-entering the site to utilize the vacuum or air /water fact l it. ivs . By eliminating the car wash use , the requiren parking for thv convenience market may be srrv,�d by a single oriveway on Edwards �crcrr . 6 . 0 RECOMMFNDATION : Staff recommends the ulanning cornmtssion approve Zone change No. 84 -14 and Negative Declaration No . 64-28 and deny Conditional Use^ Permit No. 84 -24 and ronditiona1 Exception No. 84-45 based on the following findings. Staff Report - 6/18/85 -3- ( 2646d ) • 1 4 I i 1 r pl t pl f t •.• If f __ 111 4 1 Ape ar i } �.jR •! . .. 1 Tit Rf RI al ? pi I w1 ! { •� ' ,y. .' . 1 I f.. '. )'•• � w. I' M s� Al Ai , � ..� N. - r , ■, - • ,.1 r• r• � l i 1 i � ! M• M w• 1 1 1 . cl0.64• 1} 1 111 1• � f 1 1 { I � 7.1 � S •1 � iI♦ � ,yy i f i 1'1 {�I 1 ( � r1 , 1` . 1 •�f . .,M.. w � r vwr . ' � .11 `'� •. 1'• w, 1� r AI � AI i ~ . _ jl r,2� .,. � 1 11• �I w. !�' .1 ;.i r .tr•• 1 .e _.. } � �r .. • Y 1�� • � t � r :;� '�f ��� tom' - • • r� •• fit•' '� � ,r ' � {•t ` t! f • 1 sr 1••••w — �• .. .. •� t.l O::F CE{ANGF INO. -.4- 4 � •wh11•r 1•r�YN M1lfl10NGiVH MAC19 riAtill1NG OW-SIGN i t ATTACHMENTS : 1 . Area map 2 . Site Plan , floor plans , c-levations 3 . Letter r : o^ applicant rvct°ived April 19 , 1985 4 : Necative Declaration No , 84-28 Letter from city of westtt,innter ,IWP :SP: kla IPRI stiff Aepert - 6/18/05 -5- ( 266ad ) 0 aE"VNr!'VGjvH e '' ► t ' °F'���r sE NCH April 19 , 19AS AP# 9 � .IN tlf'2 02401 1 / %5 1�unhn n p hui 1'II Y ill Mini Ittgtl►st tte•,rrlt F/q V f'Inrtninf; I)rprtrtnx'ttt J�A, e 2000 Ma In tit rapt 9' � Ifunt tnitton Itt'rtrh. CA cilhhli Re : Proposed pro.1 vc t f or She 1 1 01.1 Cnmpany. 6"002 iia 1 as Avenue and Edwards Street . li-­ nre submitting h parkag(— for a conditional upk_ permit for demolishing the ex .st ink; Shell Oil Nt at ion at Nc)l tia Avenue nTtrl Edward!, Street . The site will fttnet ion by drawing izw-a of itt► traffic from 31119a Avenuet drawing its rustomer-: tit : ►:cel f -st'ry ive• gesso l inc' dispensers,. The rursturs+t.'r will walk in) to sin oti-ilty eilnvenlenrt• lrtclrr to pnv for his gasoline -, and alRo mrtke atly nece-;sary IiUrrhf m—, at the convenient►' ;Coria. The. on-!l tte car u:►s;h t -: .%i% ;%ddret tort to bring 0- he c:ustoner to olir S i t y to shirr lia.9v It Is c',t•:o 1 hie I nst vad it it I nv, drwn the street to another servire gnat forT. TIte' .-.it w.i,:h Is I;ivett t the rllxtclrner free for purchasir%1, his gasoline from (mt titer i,:n . There art' no .,ittendants nt thi'i rar wa!ih. its It is an vxterl,ir drtk'e, thttt ear only. When 'he rusromer pitv!. leer hl +; ;:a!;r111Ite. Itv 4Ski:rR the vnshfer, he 011 by given a number which wit I operate tliv cat- w:csl► . .curt otit r. ide the ent rnnru to the car wash is a mac-hinr whirls will activate the car wash by pushing two numbers Riven t 'te viistonwr by the rashier . The r_ustrimer can push the numbers into the mar?tine , and there drive intn the car vanhc and stop when the ,rash is finished . Tht- rusltomer drives out and exits the property. Our plot plan shows stacking space frr '. :.•arn waiting for a car wash in a space that is completely otit of tht' %,n of on-site auto circulrltinn. Past experience has shown that the number of customers that use the car wash worka out to be n small percentage (if the total number of customers that will, be buying gasoline at our altar ion. The car wash is being offered as an Added attraction to rnrr restorers in an effort to increase the sale of gasoline . This site has ample ronm for m.-ineuvering of en-site vehicular traff '.c which will coincide with the different ftinctions offered on this site. We has provided 1 on-sitr parking stalls to accomawdate on-site vehicular traffic which does not purchase gasoline tit our station. Past experience with the proposed typed of uses has shown that the number of trips generated by such facilities in negligible . Our proposal would Instead make use of the traffic already an existing streets. In cloning, t feel our proposal will make a good addition to the cowmercial businesses, oa well are an aesthetic Asset to the city of Huntington beach. 1 11 ++r.r•rw�r ' •t1•r rt»r•rr l r . , , t .wtt ` �•••a•r•arwu. p,,.��- I �-.L:. � �. F /s. , ••INti't • + f •Mr. U .. ..,••• • p•1 -T•• ... -•. JJII i • � 1 •.••., 1 I � • �' • t � J 1 • Ito'11 I � 40 or I It _ i �� i ! 1' tolow% -All 11 t 1 `1 to Sor � 1 � , it - � ( • I � ,• 1 1 ram• • i 1 .• 1 L i•. to I a f be � � ., , ..,.. ,�,.r •,I.• .•/ I•, to •.r .. ••. .rl•w•, •. .� .. • �. � bit,• I• �r � ; _ YS 0 A There were no other persons to speak far or Against the proposal and the public hearing was closed. Chairman Livengood stated that based on the testimony and ciisctsss�.; he would be supporting staff recommendation. CommiBsioner Schumacher agreed with Chairman Livengood indicating that the alley is there to accommodate traffic when the downtown area is fully developed . A MOTION WAS MADE HY SCHUMACOFT4 AND SECOND BY LIVENGOOD TG DFNY CONDITIONAL FXCFPTI0N NO. 89J-24 WITH FINDINGS HY THE FOILOWING VOTE : AYES : Rowe , Schumacher , Livvn(lood , Erskine , porter , Mir jahangir NOES: None ABSENT: Winchell ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL CONDITIONAL EXCEPTION NO. 85-24 : 1 . Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the same zone classification . 2. The granting of the conditional exception is not necessary for the preservation and enjoyment. of substantial property rights since the propotsed project can be redesigned to eliminate the need for the c .)ndi t ionaI except ion . 3 . The granting of tht: conditional exception will be materially detrimental to public health , :safety and welfare and injurious to the eonforminq land, property , or improvements in the rip i nhborhood , A MOTION WAS MADE BY SCHUMACHER AND SECCND BY PORTER TO CONTINUE SITE PLAN REVIEW NO. 85-10 TO AUGUST 51 1985 PLANNING COMMISSION MEETING BY THE FOLLOWING VOTE: AYES: Rowe , Schumacher , Livengood , Erskine , Porter , Hirjahangir NOES: None ABSENT: Winchell ABSTAIN: none MOTION PASSED C-6 CONDITIONAL USE PERMIT NO. 84 -24/'CONDITIONAL EXCEPTION NO. 84-45/ZONE CHANGE NO. 84 -14/NEGATIVE DECLARATION NO. 84-28 Applicant: Shell Oil Company Zone Change No. 84-14 is a request to change the zone from C4 to C4-SS as required by Article 946 recently amended by Code Amendment No. 84-21 . Conditional Use Permit No. 84-24 is a request to establish a convenience market with gasoline sales and car ve.sh pursuant to S. 9430 . 8 (b ) and S. 9461 . 3 . Conditional Exception. Na. 84--45 is a request to permit a reduction of on-site par'^ tng pursuant `y to S . 9430. 8. 2ta ? . P. C. 7-16-a5 -6- ( 2947d ) Hal 5iAimons of staff inriicatec) ►.h#c vul icc har. isu i1robIf%R+3 with ► hc! relocation of ttie i,usinesn . =Tissioner Sc:hwmachc►r re.questeu in tho tuturc• it an establishment s to relocate , staff list any arrests that have been made in said establishment . She requested that a more complete background check. bt. given on these types of establishments . A MOTION WAS MADE PY ERSKINE AND SECOND BY MIRJAH IiGIR TO DENY CONDITIONAL USE PERr4IT NO. 85-29 WITH F'INDTNGS B THE. FOI,LOWZNG VOTE: AYES : Rowe , Schumacher , Livengood, Frskin Porter , Mirjahangir NOES : None ABSENT: Winchell ABSTAIN: None / MOTION PASSED FINDINGS PON DENIAL. 1 . The proposed project will ?lave a detrimental effect upon the general health , , welfare , safe::y and convenience of persons residing or work,ir+g in the nei _ hborhood . r 2 The proposed project will be detrimental or injurioufi to the value of the ro eit and i in the nei hborhood . F� P Y9 i 3 . The proposed project� will ,'have an adverse impact on surrounding businesses or land f C-5 SITE PLAN REVIEW NO. 8��10 ;13ITIQNAi. EXCEPTION NO. 85--24 Applicant : Thomas Jacobs The applicant 's request �s for ' the development of seven single family dwellings on seven lots at the southwest corner of 10th . Street and Walnut Avenua . The Conditional Exception request is to waive the requirement df a 2 . 5 fodt alley dedication an the south side of the property . / The zoning designation is Downtown Specific Plan , District Two . The specific plan permits residentt3l uses in District Two subject;' to a Site Plan Peview . Site Plan Reviews are to be approved by the Planninq c'ommis4ion . Jeanine Frank of aff stated that NJ. o",the Conditional Exception was before the C�mmission . The applicant requested a continuance of the Site Plan R iew. THE PUBLIC HEA INC WAS OPENED Thomas Jacob stated that he has requested continuance of the Site Plan Review He stated that he was aware of the concerns of the Planning Co mission and fie was working on up-grading the proposed units . He needs the Commission to review the Conditional Exception before th site play is reviewed because the Conditional Exception is essen ial to the design feature of the project . P.C. 7 -16-85 -7- ( 2947d ) A MOTION WAS MADE BY LIVENGOOD AND S&CONn BY SCHUMACHER TO CONTINUE CONDITIONAL USE PERMIT NO. 84-74/CONDITIONAL I:XCEFTiON NO. 54-45 TO AUGUST 51 1985 PLANNING COMMISSION MEETING BY THE FOLLOWING VOTE: AYES : Rowe , Schumacher , Livengood, Erskine, Porter , Mi.r jahangir NOES: None ABSENT: Winchell ABSTAIN: Nor.- NOTION PASS En C-7 CONDITIONAL USE, PERMIT NO. 83••24 Applicant : Dr . Naito and Ted cregory The request is to permit overnight hospitalization facilities in an animal clinic located at 714 Adams Suites 101 and 102. Animal clinics are allowed by right in the C2 zoning district . Overnight care facilities require .approval of a conditional (Ise Permit . The proposed project is exempt Class 1 Section 15301 (a ) from the provisions of the California Environmental Quality Act . THE PUBLIC HEARING WAS OPENED Tees Cregor y, applicant. , spoke in suf pot t cif t hf. la o )vct ana hunlif'd Out J.) ;ic oust i c:a I Impact Report . cha i rmar► l.i venyuini 'i:;k o-d Mr . Cr+-gory if fif- w•i.. c.uppur t i ve nf t.hF- recommendation.--,. i it t ho• repot t . Mr . Gr v9c)r y onsws►r s,1► ,� the aft irntativo . Carl McConnell , an adjacent property owner , ztated that: he was concerned about the noise from the animals . Peter Gagner , an adjacent property owner , was also concerned about the noise . There were no other persons to speak for or against the proposal and the public hearing was closed. Commissioner Porter was concerned about an item that was not mentioned in the staff report with regard to dirsrarding surgical by-products which could create an undesirable situation . He felt the Commission need to address the area of procedure for disposal of v?terinary medical wastes . Commissione-. Schumacher added that t.bis was also one of her concerns. She stated that most of these facilities have outside dog runs . There was no such indication in this facility. She stated concern about the overnight keeping of animalo . Dr . Naito, the veterinarian for the clinfi;, responded that the animals would only be there as long as they are il'1 or recover From nurgery . She stated that the surgical waste would be treated lust the sine at other hospitals do . It dorje not go down the sewed, it it double bagged and placed in the cozx*r,.•ial trash container. P.C. 7-16-45 -10- ( 2947d) On .rune 18, 1985 the Planning Commisnion continued action on r,...,.' Conditional Use Permit No. 84-2ar Conditional Fxception No . 84 -45 , Zone Change No. 84-14 , and Negative Declaration No. 84-28 due to the length of the agenda . daft requested that the Planning corimisrion Pict_ 0111Y on the 7.one Change and the Negative Declaration and continue the Conditional Use Permit and the Conditional Exception to the August 5 , 1985 Planning Commission Meeting. THE PUBLIC HEARING WAS OPENEa Steve Elogie , representing Shell Oil Company, stated that he would like the Commission to act on the Zone Change and the Negative Declaration but ,stated if the Commission would prefer to continue all the items that would be fine. There were. no other persons to speak for or against the proposal and the public hearing was closed. Chairman Livengood asked staff if they recommended the Commi ns i on take action an the zone Change a,id the Negative Declaration . Florence Webb of staff stated that this d-ocision was up to the Commission . A MOTION WAS MADE BY POP'rFR liNt, SECOND BY E:RSKINE TO APPROVE: NEGATIVE' nECLARATION NO. 84 - 28 BY THE; FOLLOWING VOTE: AYES: Rowe , Schumacher , Livengood, Erskine , Porter , rlirjahangir NOES: None ABSENT: Winchell ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY PORTER AND SECOND BY ERSKINE TO APPROVE 20NE CHANGE NO. 84-14 WITH FINDINGS FOR APPROVAL, BY THE FOLLOWING VOTE : AYES: Rowe , Schumachearr Livengood , Ersk : ryer Porter , Mirjahangir NOES: None ABSENT: Winchell ABSTAIN: None MOT10t1 PASSED FINDINGS FOR APPROVAL - ZONE CHANGE NO. 84-14 : 1 . A change of zone from Ca , Highway Commercial District , to C4 -S5 , Highway Commercial District - Service station, is consistent with the General Plan designation of General comwerci41 and intent and purpose of Article 948 . 2 . The proposed zone change in co"tible with surrounding coms.rcial uses on two of the three remaining corners. P.C. 7-1 i-85 -9- 1.` �-- ( 2947d) Publish - August 8, 1985 NOTICE Or PUBLIC IDURIW ZONE CRANCE 84-14 NOTICE IS HERESY 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 7:30 P.M. , or as soon thereafter is possible on :Monday the 19th day of August , 1985, for the purpose cf considering Zone ►Change 814-1+. a request to change the zone from CF•, Highway Commercial, to C4 -SS, Highway Commercial-Service Station. Subject site is located at the southeast corner of Edwarda Street. and Balsa Avenue (6502 Balsa Avenue) . A lagal description is on file the Development Services Office. The City Council will also be considering Negative Declaration 84-28 which assesses the envirotmental effects of Zone Change 84-14. All Interested persona are i:►vited to attend said hearing and express their opinions for or against said Zone Change 84-14 and Negative Declaration 84-28. Further information may be obtained from the Office of the City Clarks 2000 !fain Street , Huntington beach, California 92648 - (714) 536-5227. Dated : July 31 . 1985 CITY OF HUNTINGTON 111LACIi By: Alicia K. Wentworth City Clock NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING T0: CITY CLERK' S OFFICE DATE: FROM: PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL. NOTICE FOR THE DAY OF t' AP' s are attached AP' s will follow No AP' s Initiated by: Planning Commission Planning Department Petition * Anneal Other _ Adoption of Environmental Status (x) T111- • '-cam' Has City Attorney ' s Office been YES NO informed of forthcoming public nearing? -- __ _--- ---- -- loe Refer to Planning Department - Extension for additional information . If appeal , please transmit exact wording to be required in the legal . j '-f,4 >( C�• Srifoor "e, .46 _+%40" I �. C .r�a•w,�..� _ s� �._ —EL _••ems.T �Z �� --, �� ADJACENT PROPERTY OWNER'S LIST* 145-202-052 145-202.054 145-202-058 Wilbur D. Templeton Sidney Allen Crossley Tumblebrook Homes, Inc . 17312 Rob Roy Cir. 1055 Rose Ave. P.O. Box 30M Iluntinilton Reach. C,, 92647 Palm Springy, CA 9226: Newport Beach, CA 92663 145-202-059 145-211-056 145-211-057 Foodmaker , Inc. Robert B. Music Tom U. Hansha►r P.O. Box 783 P.O. Box 2343 136r.4) C,oldenwesc St . San Diego, CA 92112 Orange, CA 9-1669 Westminster, CA 92683 195-063-072 195-063-073 195-063-074 Mark L. Mwire 1. Kuni 1lashiruwari William H. Smith 14951 Trojan Cir . 14952. Trojan Cir . 14942 Trojan Cir. Huntington Beach , CA 9264 HHuntington Beach, CA 92647 Huntington Beach , CA 92647 195-373-010 195-31-3-018, 019, 020 erz--� cyl' `lay Stores Shopping Centers Corporate Property Inv.�stor. ��� �� 6160 Laurel Canvon 31vd . ?10 Park Avv. . , * North Holl yuood , CA 91606 New York , NY 10169 Pt.t./t�"` ` � tCLCJC �*1 .",ei Top Number for Each CWio- lens 06- FarL-a.s Address Denotes County G Ave- Assessor 's Parcel Number Xez, V 7 • CITY OF HUNTINw i ON MACH I 2OWMAIN STREET CALIFORNIliN" OFFICE OF Tull: CITY CLERK August 22, 1986 William Curtis 18456 Le Marsh 044 Northridge, CA 91325 The City '-ouncil of the City of Huntington Beach at its regular meeting held August 18, 1986, denied your appeal to the Planning Commission denial of ZC B4-15 and ND 84-33. 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 Au quit Z2, 1966 to apply to the courts for judicial review. If you have any questions regnrding this matter. please contact our office - 536-5227. Alicia M. Wentworth City Clerk AMW:CB:js Enclosure cc: City Attorney Development Services Director lT�w 11f August 9, 1986 Mr. Willian Curtis 16456 LeMarsh, Unit 44 i Northridge, CA 91:1615 C it Mr. Curtis; 1. Daisy piccirelli, of Mena, Arizona, as the prciperty owner. do authorize William Curtis to aubsiL r.,iis Zone Change application. Y further agree that the ane-ecre drill site will be located at the corner of the flood Control Channel and Maano :a Street in Huntington Bench. Sincerely, Daisy Thorpe Piccirelli. P.O. Box 6202 Mesa, Arizona 95206 ,