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HomeMy WebLinkAboutPublic hearing to consider an appeal by Mayor Keith Bohr of S we '` s _ P Ru `�"� f- 7-1 a -W •ggV�� .y� - _ �� � ¢tea' � } t-1 aM f 'a ` Eli V - F. ire 711 t i N Blighted Strip ball BEACH PROMENADE E PROPERTY BOUNDARY SURFSIDE HOMEOWNERS $ ® ® ® ® ® ® ® ® ® ASSOCIATION PROPERTY BOUNDARY RECEIVED FROM AS PUBLIC RECORD O COU IL MEET""' OF_ S CITY OLERK'OFFICE MOAN La FLYNN,CITY CLERK I'M � Xri 4 OIL awn CID tly �� r. wn fi + ktlr� Waft Offs hag 4 cis CID tl m® `"'";kn f t � b4S� s x : � awa➢n,�vf''�ti ar'Yl � 1" >{ YMum ". ��Ilk �x� .kr ks au*q; ra ";fir �� �i+l.. ��§a a,'�+ ;k "�" "�'E�' �' `"v�^°j�"d * ` � VIAL ®® Wi B � icy - %I � tx 'B kt 't 00 Aviv Lit o � 0d nk , Qi >�, d t ! a ,r `� ✓ t, AS ®�B k a a ME W av N } ZA CAP cin 10 Ss � a f �5� _ia �Q� • � 4 �,r.++ss""#�idgsi.�f�fa 'P^:�,�' �� .x r � aw 'er'nar....,�aa yW�o `� 1$" t S ,� ...,. '"k ..... MALLS Hi1RTlNG f 4/3O/O9 3:13 Pt Publication: Freedom- Orange County Register; late: Jun 20,20(Y7; Section: Local; Page: Local 5 m° ActtvBDepa:r' MALLS HURTING Most Huntington Beach centers need heavy touch-ups, a study finds. . By ANNIE BURRIS THE ORANGE COUNTY REGISTER HUNTINGTON BEACH Forty of the 50 shopping centers in Huntington Beach need upgrades that could cost more than $140 million, according to a city report. The study, presented to the City Council on Monday night, said 40 percent of shopping centers surveyed were underperforming financially and that mail owners had a hard time making renovations because of expensive rents. In addition, the city is losing $532 million in sales tax revenues because residents look to places such as South Coast Plaza and Fashion Island as their malls of choice, the report said. More appealing shopping centers could bring some of that money back to Huntington Beach, the report said. "The city has been in transition for the past 10 years from an oil-based (community) to a working class to a tourist destination," said Stanley Smalewitz, the city's economic development director. "It takes a while for these places to catch up in real time." The study responded to a January request by Councilman Don Hansen for an inventory of shopping centers in the city and potential strategies for upgrades. The most common tenants of local shopping centers are doughnut shops, nail salons and cleaning services, the report said. Thirty-three of the 50 centers were built in the 1960s and the 1970s. Twelve were built after 1990. "It is quite obvious from watching these pictures that we have done nothing for a long time," Councilman Joe Carchio said at the meeting. "These centers really need to be upgraded, and they need to be upgraded soon." Officials with Tierra West Advisors, the consultant on the study, said other cities with similar problems used a mix of loans and grants to upgrade strip malls. The study suggested that , sales add mixed-use dev eTifs - such as tLa Terra, where plans call for 500 new housing units - to generate fundinrallable E A community-development block grant is ar up to $600,000 ear for strip Maft restoration. However, at this rate some centers would need 196 years for redevelopment, officials said. The study also suggested M. owners borrow from a loan fund the city could create. "Ali of these centers are tired," Councilman Don Hansen said. "We need to send a message that we are ready to do business." The Economic Development Department will present the information to shopping center owners and make recommendations to the council next month. By the numbers http://epaper.ocregister.com/Repository/getFiles.asp?Style-0tiveXLib...dy=&rEntityType=ARTICLE&HedLine—hi=&sSearchinkl-false&ViewMode-HTML Page I of :urf C:,y, a ers OK plan to help blighted strip malls 4/30/09 3:05 PM ?ublication: Freedom - Orange County Register; Date: Mar 4, 2 ; Section: Local; Page: Local 6 Surf City leaders OK plan to help blighted 1tr1� malls Study says 23 mans plagued by crime, hazards, 'adult-oriented businesses.' By ANiNIE BURRIS rHE ORANGE COUNTY REGISTER HUNTINGTON BEACH City leaders decided Monday night to move forward with a plan to lend a hand to 23 Surf City strip malls, that a recent study called a "blight"to the community,. The City Council asked economic development staff to pursue making the centers a redevelopment area, property that the city is upgrading to help increase property and sales tax revenues. The city could give the center's owners financial help, but only if there is a return on the investment such as increased sales Lax or the money is repaid, said Economic Development Director Stanley Smalewitz. "I would much rather see us invest our tax dollars to see a return on it," said Councilman Don Hansen who originally asked the council to reassess the shopping centers. "There is no doubt in my mind that these centers are tired." The city will need to conduct two community workshops, review environmental documents, and host a public hearing - a process that is expected to take up to two years.. During the study session, the council considered a report by consultants CRC Associates that says of 86 shopping centers studied, 23 had "physical blight," including substandard construction or unsafe buildings, and "economic blight" such as high crime or excessive amounts of bars, liquor stores, and adult-oriented businesses. Several of the AEj2 malls also have hazardous leaks from underground storage tanks, dilapidated or deteriorating buildings, and inadequate water or sewer facilities, the study said. GRC's study was commissioned by the council in 2007 after a separate study found that the city is losing $532 million in revenues because residents are looking to places such: as South Coast Plaza and Fashion Island as the major malls to shop. Some of that money could be brought back to the city with more appealing shopping destinations, the 2007 study said. The city's goal would be to rehabilitate existing commercial buildings, attract new businesses, and promote local job opportunities, officials said. The city's Redevelopment Agency, which oversees these types of developments, spent $15 million to help build Bella Terra mail near the 405 freeway and about $28 million to develop The Strand in downtown. There are more than 330 acres of designated redevelopment areas in the city. The study did not include residential areas. CONTACT THE WRITER: 7 1 4-445-6696 or aburris@ocregister.com City of Huntington Beach 2000 Main Street - Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK NOTICE OF ACTION CONDITIONAL USE PERMIT NO. 08-013/VARIANCE NO. 08-007 (BEACH BOULEVARD/ATLANTA AVENUE PROMENADE COMMERCIAL CENTER) May 5, 2009 Michael C. Adams Associates 21190 Beach Blvd. Huntington Beach, CA 92648 Attn: Bill Holman APPLICANT: Bill Holman, Michael C. Adams Associates REQUEST: REQUEST: Appeal of the Planning Commission's approval of 1) Conditional Use Permit No. 08-013 to construct two additions totaling approximately 5,870 sq. ft. to an existing 85,107 sq. ft. commercial/retail shopping center and a complete facade remodel; and, 2) Variance No. 08-007 to allow 340 parking spaces in lieu of the minimum required 380 parking spaces (40 space reduction) in conjunction with the additions to the shopping center. LOCATION: 21022-21190 Beach Boulevard, 92648 (southeast corner of Beach Boulevard and Atlanta Avenue) PROJECT PLANNER: Tess Nguyen On Monday, May 4, 2009 a Public Hearing was held to consider an appeal filed by Mayor Keith Bohr of the Planning Commission's Approval of Conditional Use Permit No. 08-013 and Variance No. 08-007. The following action was taken by the Huntington Beach City Council: Upheld the Planning Commission's approval of Conditional Use Permit No. 08-013/Variance No. 08-007 with findings and conditions of approval. Sister Cities: Anjo, Japan - Waitakere, New Zealand (Telephone: 714-536-5227) Please find attached the Findings and Conditions of Approval for Conditional Use Permit No. 2008-013 and Variance No. 2008-007, and the Action Agenda from the May 4, 2009 meeting. If you have any questions, please contact Tess Nguyen, Associate Planner at (714) 374-1744. J tn L. Flynn, C M C City Clerk JF:pe c: Scott Hess, Director of Planning Herb Fauland, Planning Manager Tess Nguyen, Associate Planner Mayor Keith Bohr Attachments: Findings and Conditions for Approval - CUP 08-013/VAR 08-007 City Council Action Agenda for 5-4-09 Project Implementation Code Requirements from Public Works Dept. FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2008-013 AND VARIANCE NO. 2008-007 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the proposed project consists of an addition of less than 10,000 sq. ft. of floor area to existing structures on a site where public services and facilities area available and the surrounding area is not environmentally sensitive. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2008-013: 1. Conditional Use Permit No. 2008-013 to permit the construction of two additions totaling approximately 5,870 sq. ft. to an existing commercial/retail shopping center will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The subject property is designated for commercial general development under the General Plan. The proposed project is consistent with the permitted uses and development standards within this designation. Residential uses are located approximately 115 feet to the north across Atlanta Avenue, 105 feet to the east across the flood channel, and 75 feet to the south. Since the activity areas on the site, including parking areas and building entrances, are oriented toward Beach Boulevard, the residential properties are sufficiently buffered. The proposed project will not generate significant noise, odors, traffic above levels already established by existing uses on site. 2. The conditional use permit will be compatible with surrounding uses because the proposed project is a minor expansion and fagade remodel of an existing neighborhood shopping center. The proposed building is designed with colors and materials that complement surrounding residential neighborhoods by incorporating enhanced architectural details and materials such as tile roofs, plaster exterior finishes, trellises, awnings, and Mediterranean colors. 3. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, except for the parking variance approved concurrently. The project complies with land use limitations, minimum landscaping and building setbacks and maximum floor area ratio, among others. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG-F1 (Commercial General — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 7.1.1: Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. LU 10.1.1: Accommodate the development of neighborhood, community, regional, office and visitor-serving commercial uses in areas designated on the Land Use Plan in accordance with Policy 7.1.1. LU 10.1.4: Require that commercial buildings and sites be designed and developed to achieve a high level of architectural and site layout quality. ED 2.4.1: Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. The proposed project consists of additions to an existing neighborhood commercial/retail shopping center in an area designated for commercial uses on the Land Use Plan. The addition will facilitate the expansion and introduction of businesses such as a grocery store and drug store intended to serve the surrounding residential neighborhood. The project design features quality architecture and exterior finish materials (plaster and decorative metal elements), a variety of roof lines and facade treatments, and a functional site layout with efficient access from parking areas to building entrances. The project will improve the existing building facades and modernize the shopping center. FINDINGS FOR APPROVAL - VARIANCE NO. 2008-007: 1. The granting of Variance No. 2008-007 to allow 340 parking spaces in lieu of the minimum required 380 parking spaces will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. This represents a 40-space (10.5%) reduction in the required number of parking spaces. In the past, the City has allowed comparable reduction in the parking requirement for other similarly sized shopping centers in the same zoning classification through conditional use permits. 2. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The variance will not constitute a grant of special privilege because the project site presents a special circumstance (an existing frontage road adjacent to the property) which is inconsistent with the limitations on other properties and which is remedied, in part, by the granting of the requested variance. The project site is encumbered by a frontage road adjacent to the site that rendered the site narrow and long as compared to other shopping centers with similar mix of tenants along Beach Boulevard and Edinger Avenue. This frontage road represents a constraint to development of the site, absent which additional parking spaces may be provided on site to meet the code required minimum. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The requested variance is necessary to offset a unique constraint to development represented by an existing frontage road adjacent to the property, absent which the property could accommodate the additional parking spaces needed for code compliance. In addition, the variance is needed to enjoy the substantial property right of improving and expanding the existing center to create a commercially viable shopping center with neighborhood uses such as a market, a drug store, restaurants, and personal services. In doing so, this center is able to compete with other shopping centers in the vicinity. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The proposed addition and remodel allows the existing commercial buildings to be designed and developed to achieve a high level of architectural and site layout quality. The parking area is designed to maximize the use of site while providing for efficient and convenient site access and internal circulation. To substantiate the reduction in the parking requirement, the applicant submitted the Access and Parking Analysis, prepared by LSA Associates, Inc. (August 2008). The total parking demand for the site would be 263 parking spaces based on parking surveys of the site and the parking requirement in the Huntington Beach Zoning and Subdivision Ordinance. The total number of parking proposed to be provided is 340 spaces. Since the parking demand is less than the parking provided onsite, the reduction in parking is not anticipated to generate overflow parking within the adjacent residential neighborhoods. Accordingly, the requested reduction in parking will not have a detrimental impact on surrounding property owners. The variance will accommodate new development in accordance with the General Plan Land Use and Density Schedule. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 2008-013/ VARIANCE 2008-007: 1. The site plan, floor plans, and elevations received and dated September 23, 2008 shall be the conceptually approved design with the following modifications: a. Plans shall be revised to be consistent with the approval by the Design Review Board on August 18, 2008 including the following modifications: (DRB) i. Provide an outdoor seating area to create a pedestrian friendly environment onsite. ii. Provide the following walkways onsite to accommodate pedestrian traffic.. 1) a walkway to terminate at Shops 3 building and 2) a walkway along the main vehicular entrance to the site from the frontage road to the buildings. iii. Provide textured pedestrian walkways across vehicular driveways to define the pedestrian paths from parking areas to primary building entrances. iv. Incorporate public art into the project. A public art element, approved by the Design Review Board, Director of Planning, and Director of Huntington Beach Art Center, shall be designated on the plans. Public Art shall be innovative, original, and of artistic excellence, appropriate to the design of the project; and reflective of the community's cultural identity (ecology, history, or society. The art work shall be installed within two years of project approval. V. Provide additional color variation and architectural elements such as wainscoting to enhance the market and Big Lots building elevations. b. A private fire hydrant shall be located adjacent to the southeast corner of building number 3. The applicant shall contact the Fire Department for additional information on hydrant location and specifications. (FD) c. Landscaping shall be provided in areas between the 10-foot wide enhanced paving walkway and the parking areas in front of shop building number 3. d. The site plan shall identify the intended use of the space between the existing drugstore and shop building number 3 and the space behind shop building number 3. (PW) e. The proposed market expansion area behind the existing shops shall be redesigned as to not create a dead end walkway that is vulnerable to undesirable activities and crime. (PD) f. The proposed stand-alone ATM shall be relocated to a different area on the site that allows more visibility and safety when the stores are closed. (PD) g. The loading door facing Beach Boulevard shall have a decorative design compatible with the building elevation to the approval of Planning staff. 2. Prior to issuance of grading permits, the following shall be completed: a. The site plan shall also identify all emergency doors, transformers, bollards, and miscellaneous built out spaces behind Big Lots, shop building numbers 2 and 3, and the existing drugstore. (PW) b. The site plan shall also identify the truck dock for Big Lots. (PW) c. A Precise Grading Plan shall include the following improvements on the plan: 1. Damaged curb, gutter and sidewalk along the Atlanta Avenue and Beach Boulevard (frontage road) frontages shall be removed and replaced per Public Works Standard Plan Nos. 202 and 207. (ZSO 230.84 and ADA) (PW) 2. "Master metering" of individual meters of multiple businesses in the same building shall be allowed. (PW) d. Developer shall secure or provide evidence of applicable public utility easement documentation for all new and existing public water facilities crossing private property. (PW) 3. The proposed curb cut and access opening to the development between Beach Boulevard and the frontage road and the driveway at the southeast corner of the site shall only be allowed if the applicant submits an acceptable design for the review and approval by the Public Works Department and any access easement agreement has been reviewed and approved by the City Attorney and recorded as deemed necessary. All costs associated with the curb cut and access opening shall be the responsibility of the applicant.(PW) 4. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.orq/DisplayPage.aspx?CategorylD=19} or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.orq/index.cfm?fuseaction=guidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. JJ 0HUNTINGTON BEACH iqa PUBLIC WORKS DEPARTMENT HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: FEBRUARY 4, 2009 PROJECT NAME: BEACH PROMENADE ENTITLEMENTS: CONDITIONAL USE PERMIT NO. 08-013; DESIGN REVIEW NO. 08-013; VARIANCE NO. 08-007. PLNG APPLICATION NO: 2008-0062 DATE OF PLANS: SEPTEMBER 23, 2008 PROJECT LOCATION: 21132 BEACH BOULEVARD, HUNTINGTON BEACH PROJECT PLANNER: TESS NGUYEN, ASSOCIATE PLANNER TELEPHONE/E-MAIL: (714) 374-1744 /TNGUYEN(a-SURFCITY-HB.ORG PLAN REVIEWER: STEVE BOGART, SENIOR CIVIL ENGINEER TELEPHONE/E-MAIL: 714-374-1692/ SBOGART(a)-SURFCITY-HB.ORG PROJECT DESCRIPTION: TO PERMIT A 5,570 SQ. FT. ADDITION AND AN EXTERIOR MODIFICATION OF AN EXISTING SHOPPING CENTER. ALSO INCLUDES A VARIANCE FOR A 38-PARKING SPACE REDUCTION FOR THE BUILDING ADDITION. TEXT IN THE FOLLOWING MEMO THAT IS ITALICIZED AND BOLD INDICATES THE LATEST REVISIONS TO THE DEVELOPMENT REQUIREMENTS. ALL OTHER DEVELOPMENT REQUIREMENTS ARE PER THE PREVIOUS MEMO TO THE PLANNING DEPARTMENT DATED OCTOBER 30, 2008. The following is a list of code requirements deemed applicable to the proposed project based on plans as stated above. The items below are to meet the City of Huntington Beach's Municipal Code (HBMC), Zoning and Subdivision Ordinance (ZSO), Department of Public Works Standard Plans (Civil, Water and Landscaping) and the American Public Works Association (APWA) Standards Specifications for Public Works Construction (Green Book), the Orange County Drainage Area management Plan (DAMP), and the City Arboricultural and Landscape Standards and Specifications. The list is intended to assist the applicant by identifying requirements which shall be satisfied during the various stages of project permitting, implementation and construction. If you have any questions regarding these requirements, please contact the Plan Reviewer or Project Planner. THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A DEMOLITION PERMIT: 1. Applicant shall provide a consulting arborist report on all the existing trees. Said report shall quantify, identify, size and analyze the health of the existing trees. The report shall also Page 2 of 5 recommend how the existing trees that are to remain (if any) shall be protected and how far construction/grading shall be kept from the trunk. (Resolution 4545) a. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A GRADING PERMIT: 1. A Precise Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. (MC 17.05/ZSO 230.84) The plans shall comply with Public Works plan preparation guidelines and include the following improvements on the plan: a. The existing sewer laterals and private sewer main, serving the subject site, may potentially be utilized if there are of adequate size, conform to current Public Works Standards and are determined to be in serviceable condition by submitting a video of said sewer laterals and sewer main. If the sewer is determined to be inadequate, new sewer laterals and the private sewer main shall be installed, connecting to the main in the Atlanta Avenue, per Public Works Standards. (ZSO 230.84) b. The existing domestic water meter to 21132 Beach Boulevard shall be abandoned and removed per Water Division Standards since the meter location does not comply with current standards and code requirements. A new domestic water meter shall be installed per Water Division Standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). (MC 14.16.070) C. Separate dedicated fire service line(s) with backflow protection device(s) shall be constructed per Water Standards for the fire sprinkler system(s) required by the Fire Department to serve 21022 and 21132 Beach Blvd. (ZSO 230.84) d. Separate backflow protection devices shall be installed per Water Division Standards on all new water services to buildings owned by the developer, and screening through landscape shall be in accordance to City's Water Efficient Landscape Requirements. (Resolution 5921, Title 17 State Regulation, and MC 14.52_ According to Planning Department and based on ZSO 230.84, all new backflow protection devices shall be screened from view from the public Right-of-Way and shall be prohibited in the front yard setback. Based on the Planning Department, the front yard setback along the frontage road is 10 feet. (ZSO 230.76) e. All new meters shall be placed at the curb line of the street, in the public Right-of-Way, per Water Division Standards. The existing water meter serving 21132 Beach Blvd will no longer be utilized and therefore shall be removed or abandoned per Water Division Standards. (MC 14.16.070) f. A separate irrigation water service and meter shall be installed per Water Division Standards. The water service shall be a minimum of 1-inch in size. (ZSO 232) g. Based on the Fire Department requirement of 3,250 gallons-per-minute from three fire hydrants, and their requirement for the developer to install a new private fire hydrant system at the southeasterly portion of the subject property, a dedicated fire water service with an appropriate backflow protection device for the private on-site fire hydrant shall be constructed per Water Division Standards. (ZSO 230.84 and SMA 66428.1(d)) J.- Page 3 of 5 h. Existing and proposed locations for the subject site's trash enclosures shall be depicted on the grading plan. The areas shall be paved with an impervious surface, designed not to allow run-on from adjoining areas, designed to divert drainage from adjoining roofs and pavements diverted around the area, and screened or walled to prevent off-site transport of trash. The trash enclosure areas shall be covered or roofed with a solid, impervious material. Connection of trash area drains into the storm drain system is prohibited. If feasible, the trash enclosure areas shall be connected into the sanitary sewer. (DAMP) 2. A Street Improvement Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. (MC 17.05/ZSO 230.84) The plans shall comply with Public Works plan preparation guidelines and include the following improvements on the plan: a. An ADA compliant curb access ramp shall be constructed at the southeast corner of Atlanta Avenue the frontage road. (ZSO 230.84) b. The existing driveway approaches on the Beach Boulevard frontage road and on Atlanta Avenue shall be removed and replaced with an ADA compliant driveway approaches per Public Works Standard Plan No. 211. (ZSO 230.84) C. The existing northerly driveway approach on the Beach Boulevard frontage road shall be removed and replaced with curb, gutter, and sidewalk per Public Works Standard Plan Nos. 202 and 207. (ZSO 230.84) d. Relocate the existing streetlight (currently adjacent to the proposed main westerly entrance to the subject site) to a location as approved by the Transportation Division of Public Works. (ZSO 230.84) 3. A twenty-five sight triangle shall be provided at the intersection of Beach Boulevard and Atlanta Avenue. (ZSO 230.88) 4. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect shall be submitted to the Public Works Department for review and approval by the Public Works and Planning Departments. (ZSO 232.04) a. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). b. "Smart irrigation controllers" and/or other innovative means to reduce the quantity of runoff shall be installed. (ZSO 232.04D) C. Standard landscape code requirements apply. (ZSO 232) 5. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (ZSO 232.0413) 6. Landscaping plans should utilize native, drought-tolerant landscape materials where appropriate and feasible. (DAMP) 7. A Consulting Arborist (approved by the City Landscape Architect) shall review the final landscape tree-planting plan and approve in writing the selection and locations proposed for new trees and the protection measures and locations of existing trees to remain. Said Arborist signature shall be incorporated onto the Landscape Architect's plans and shall include the Arborist's name, certificate number and the Arborist's wet signature on the final plan. (Resolution 4545) _enDesi,_n RQ,lei•: ;_Beach_�:ca.h! _,iu zd�.l'v, ATi i„c Ceuvncre;S IG ,I.c Page 4 of 5 8. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (AQMD Rule 403) 9. The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Planning and Public Works Departments. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading-related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/She will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. Signs shall include the applicant's contact number, regarding grading and construction activities, and "1-800-CUTSMOG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. 10. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLIED WITH DURING GRADING OPERATIONS: 1. An Encroachment Permit is required for all work within the City's right-of-way. (MC 12.38.010/MC 14.36.030) 2. An Encroachment Permit is required for all work within Caltrans' right-of-way. 3. Existing street tree(s) to be inspected by the City Inspector during removal of concrete and prior to replacement thereof. Tree replacement or root/tree protection, will be specified upon the inspection of the root system. (Resolution 4545) 4. The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material in excess of 5000 cubic yards is required. This plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction-related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. (MC 17.05.210) 5. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (California Stormwater BMP Handbook, Construction Wind Erosion WE-1) 6. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (MC 17.05) 7. Wet down the areas that are to be graded or that is being graded, in the late morning and after work is completed for the day. (WE-1/MC 17.05) 8. The construction disturbance area shall be kept as small as possible. (California Stormwater BMP Handbook, Construction Erosion Control EC-1) (DAMP) 9. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (DAMP) 10. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent ,dirt and dust from leaving the site and impacting public streets. (DAMP) 11. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (AQMD Rule 403) Page 5 of 5 12. Wind barriers shall be installed along the perimeter of the site. (DAMP) 13. All construction materials, wastes, grading or demolition debris and stockpiles of soils, aggregates, soil amendments, etc. shall be properly covered, stored and secured to prevent transport into surface or ground waters by wind, rain, tracking, tidal erosion or dispersion. (DAMP) THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A BUILDING PERMIT: 1. A Precise Grading Permit shall be issued. (MC 17.05) 2. Traffic impact fees for commercial development shall be paid at the rate applicable at the time of Building Permit issuance. The current rate of $154 per net new added daily trip is adjusted annually on December 1st. This project is forecast to generate 256 new daily trips for a total traffic impact fee of$39,424. (MC 17.65) THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO FINAL INSPECTION OR OCCUPANCY: 1. Complete all improvements as shown on the approved grading, landscape and improvement plans. (MC 17.05) 2. The current tree code requirements shall apply to this site. (ZSO 232) a. Existing trees to remain on site shall not be disfigured or mutilated, (ZSO 232.04E), and, b. General tree requirements, regarding quantities and sizes, (ZSO 232.08B and C). 3. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect. (ZSO 232.04D) 4. Applicant shall provide City with CD media TIFF images (in City format) and CD (AutoCAD only) copy of complete City Approved landscape construction drawings as stamped "Permanent File Copy" prior to starting landscape work. Copies shall be given to the City Landscape Architect for permanent City record. 5. All applicable Public Works fees shall be paid at the current rate unless otherwise stated, per the Public Works Fee Schedule adopted by the City Council and available on the city web site at http://www.surfcity-hb.org/filesZusers/public-worksLfee schedule.pdf .. (ZSO 240.06/ZSO 250.16) 6. The Water Ordinance #14.52, the "Water Efficient Landscape Requirements" apply for projects with 2500 square feet of landscaping and larger. (MC 14.52) R,,i—] 77 Beach--B—h Prom i dr P:.b,h t -a l on ;3 10 d.,: . City Administrator Fred (Nilson welcomed and introduced new Finance Director Bob INingenroth. CITY TREASURER'S REPORT 1. (City Council) Review and accept Shari L. Freidenrich, City Treasurer's Investment Summary Report of City Investment Portfolio, Bond Proceeds, Deferred Compensation, and Retiree (Medical Trust Activity for March 2009. Recommended Action: Review and accept the Monthly Investment Report. Following review of the report by motion of Council, accept the Monthly Investment Report for March 2009, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Approved 5-0-1-1 (Green absent, Hardy out of room) CITY CLERKS REPORT 2. (City Council) Announcement of increase in campaign contribution limits to $520, effective January 1, 2009. Recommended Action: Receive and file the Campaign Contribution Limit Recalculation report, which is effective January 1 , 2009. Approved 5-0-1-1 (Green absent, Hardy out of room) PUBLIC HEARING 3. (City Council) Public Hearing — Adopt Resolution No. 2009-23 for revision to the City's FireMed fee schedule for ambulance transportation and emergency medical services effective June 01, 2009. Recommended Action: Adopt Resolution No. 2009-23, "A Resolution of the City Council of the City of Huntington Beach Setting Advanced Life Support, Basic Life Support, Emergency Ambulance Transportation, Medications and Specialized Supply Fees to be Charged by the Fire Department of the City of Huntington Beach." Approved 6-0-1 G 4. (City Council) Public hearing to consider an appeal by (Mayor Keith Bohr of the Planning Commission's approval of Conditional Use Permit (CUP) 08- 013, and Variance No. 08-007 for the Beach Boulevard/Atlanta Avenue Promenade Commercial Center. Planning Commission Recommended Action: Approve Conditional Use Permit No. 08-013 and Variance No. 08-007 with findings and conditions of approval. 3 Speakers Planning Commission Recommended Action Approved 6-0-9 (Green absent) ADMINISTRATIVE PUBLIC HEARING 5. (City Council) Administrative Public Hearing to be held pursuant to Resolution No. 2009-06 adopted February 2, 2009 to hear protests and objections regarding weed, rubbish, and refuse abatement of certain public and undeveloped private properties at owners' expense. Recommended Action: a) Open a public hearing for any objections and protests to the proposed removal of weeds, refuse, and rubbish; and following the hearing, b) Authorize the Superintendent of Streets (Director of Public Works) to proceed with the abatement of said nuisance. Approved 6-0-9 (Green absent) CONSENT CALENDAR (Items #6 through #15) 6. (City Council/Redevelopment Agency) Approve and adopt minutes. Recommended Action: Approve and adopt the minutes of the City Council/Redevelopment Agency regular meeting of April 6, 2009, as written and on file in the Office of the City Clerk. Approved 6-0-9 (Green absent) 7. (City Council) Adopt Resolution No. 2009-22 approving the application for Grant Funds for the California River Parkways Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) to be used to construct amenities, including an Americans with Disabilities Act (ADA) accessible ramp, from Lebard Park to the Santa Ana River pathway. Recommended Action: Adopt Resolution No. 2009-22, "A Resolution of the City Council of the City of Huntington Beach Approving the Application for Grant Funds for the California River Parkways Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84)." Approved 6-0-9 (Green absent) 8. (City Council) Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the agreement with Schiff Associates for as-needed corrosion and maintenance services (for design, construction, annual assessment, and maintenance of metalic components in the water system) Council/Agency Meeting Held: Deferred/Continued to: A proved ❑ Conditio amally A proved ❑ D nied City Cle 's Si ature w6 iow -D- Council Meeting Date: 5/04 /2009 Department I umber: PL-09-08 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL_ ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY IL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIS OR PREPARED BY: SCOTT HESS, DIRECTOR OF PLA NING b SUBJECT: APPROVE CONDITIONAL USE PERMIT NO. 08-013 AND VARIANCE NO. 08-007 (BEACH PROMENADE COMMERCIAL CENTER - Appeal of the Planning Commission's approval) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is an appeal by Mayor Keith Bohr of the Planning Commission's approval of Conditional Use Permit (CUP) No. 08-013 and Variance (VAR) No. 08-007. Funding Source: Not applicable. Recommended Action: A. PLANNING COMMISSION RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 08-013 and Variance No. 08-007 with findings and conditions of approval (ATTACHMENT NO. 1)." REQUEST FOR CITY COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: PL-09-08 Planning Commission Action on March 10, 2009: THE MOTION MADE BY FARLEY, SECONDED BY SCANDURA, TO APPROVE CONDITIONAL USE PERMIT NO. 08-013 AND VARIANCE NO. 08-007 WITH FINDINGS AND MODIFIED CONDITIONS FOR APPROVAL CARRIED BY THE FOLLOWING VOTE: AYES: DELGLEIZE, FARLEY, LIVENGOOD, MANTINI, SCANDURA, SHIER- BURNETT, SPEAKER NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION PASSE® B. STAFF RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 08-013 and Variance No. 08-007 with findings and modified conditions of approval (ATTACHMENT NO. 2)." Alternative Action(s): The City Council may make the following alternative motions(s): 1. "Approve Conditional Use Permit No. 08-013 and Variance No. 08-007 with findings and modified conditions of approval to prohibit any vehicular access between Beach Blvd. and the frontage road (Staff's Recommendation — Modified)." 2. "Deny Conditional Use Permit No. 08-013 and Variance No. 08-007 with findings for denial." 3. "Continue Conditional Use Permit No. 08-013 and Variance No. 08-007 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: Bill Holman, Michael C. Adams Associates, 21190 Beach Boulevard, Huntington Beach CA 92648 Property Owners: Bijian Sassounian, 21190 Beach Boulevard, Huntington Beach CA 92648 James Diebold, PNS Stores, Inc., 300 Philipi Road, Columbus OH 43228 Sigma Enterprises, Inc., 111 S Kraemer Blvd #C, Brea CA 92821 -2. 4121/2009 9:36 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: PL-09-08 Location: 21022-21190 Beach Boulevard, 92646 (southeast corner of Beach Boulevard and Atlanta Avenue) Conditional Use Permit No. 08-013 represents a request to permit construction of two additions totaling approximately 5,870 sq. ft. to an existing &5,107 sq. ft. commercial/retail shopping center. Variance No. 08-007 represents a request to allow 340 parking spaces in lieu of the minimum required 380 parking spaces (40 space reduction) in conjunction with the additions to the shopping center. The request also includes an exterior fagade remodel and site improvements of the parking lot for the shopping center. The zoning ordinance requires that any site developed prior to June 7, 1983, at the time of exterior remodel, provide a minimum 6 percent of the net site in landscaping with minimum 6 ft. wide landscaped planters along any street side property line. In addition, the applicant is proposing new vehicular access (curb cut) through the median separating Beach Boulevard and the parallel publicly owned frontage road. The new access point will provide direct access to the site from Beach Boulevard via the frontage road. The project site is a 6.74 acre developed commercial property, located on the southeast corner of Beach Boulevard and Atlanta Avenue, in the CG (Commercial General) Zone. The site has six buildings totaling 85,107 sq. ft. of floor area with 274 parking spaces. The surrounding neighborhood is developed with residential uses. B. BACKGROUND: The proposed Conditional Use Permit and Variance were originally considered by the Zoning Administrator at a public hearing on December 10, 2008. The applicant spoke in support of the project, but contested some of the code requirements and suggested conditions of approval regarding the following items: • exclusion of the use of the publicly owned frontage road for a new vehicular access to the subject site from Beach Boulevard ® exclusion of any encroachments or improvements to the frontage road ® requirement to provide a plaza/courtyard, walkways, and paths of travel ® compliance with Fire Department requirements to provide access roads to support fire trucks • removal and replacement of all damaged curb, gutter, and sidewalk (along Beach Boulevard frontage road and Atlanta Avenue) ® replacement of water meters ® relocation of the backflow prevention devices ® requirement to upgrade the existing 8-in water line with a 12-in water line Representatives from the Departments of Public Works, Fire, and Economic Development were present to discuss the code requirements and suggested conditions of approval. The Zoning Administrator indicated that it is not within his purview to waive the code requirements -3- 4/20/2009 5:24 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: PE-09-08 but the applicant has the option to appeal the code requirements to the Planning Commission. Three adjacent residents expressed concerns regarding the purpose of the frontage road, use of the frontage road as a racetrack, and parking issues at the site during the summer. After hearing all the testimony and discussion, the Zoning Administrator modified staff's suggested Condition of Approval No. 3 to permit the applicant to submit further information in order to allow for a revised design of the new access connection between Beach Boulevard and the frontage road that would be acceptable to the Department of Public Works. The Zoning Administrator approved Conditional Use Permit No. 08-013 and Variance No. 08-007 with modified findings and conditions of approval. The Zoning Administrator's approval of the entitlements was appealed to the Planning Commission by the applicant on December 19, 2008 on the basis of objections to six conditions of approval and six code requirements imposed on the project (ATTACHMENT NO. 4). Subsequent to the appeal letter and prior to the Planning Commission meeting, staff from the Departments of Public Works, Fire, Planning, and Economic Development re-evaluated the suggested conditions of approval and code requirements in the appeal letter. On February 4, 2009, a meeting between these departments and the applicant resulted in revisions of some conditions of approval and code requirements. For details of these revisions, refer to pages 11 to 20 of Planning Commission Report dated March 10, 2009 (ATTACHMENT NO. 5). C. PLANNING COMMISSION MEETING AND RECOMMENDATION: On March 10, 2009, the Planning Commission held a public hearing on the proposed project and received comments from the applicant and one individual in support of the project. The applicant summarized the issues that staff and the applicant are in agreement as well as the reasoning behind the outstanding issues that are not in agreement. The other individual who provided comment spoke in support of the project and the ownership history of the frontage road. The Planning Commission reviewed the proposed request and staff's suggested conditions of approval and code requirements. On the issues that staff and applicant were in agreement, the Commission took a series of straw votes to approve the following suggested conditions of approval and code requirements from the March 10, 2009 staff report (ATTACHMENT NO. 5): 1. Compliance of all Fire Department requirements by providing a hammerhead turn- around along the east side of the building or cutting through existing shop building number 2 (Condition of Approval 1(b)) 2. Removal and replacement of all damaged curb, gutter, and sidewalk along the Atlanta Avenue and Beach Boulevard frontages (Condition of Approval No. 2(c)(1)) -4- 4/20/2009 5:24 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: PL-09-08 3. Placement of all new and existing water meters in the public right-of-way and the location of backflow protection devices adjacent to the water meters and outside of front yard setback and screened from view (Condition of Approval No. 2(c)(2)) 4. Requirement of the installation of separate domestic water services and meters to 21022 and 21132 Beach Boulevard (Public Works Code Requirement No. 1(b)) 5. Abandoning of the existing water service and meter serving 21022 and 21132 Beach Boulevard (Public Works Code Requirement No. 1(e)) 6. Upgrade/improvement of the City's water system to meet the water demands to the site and/or otherwise mitigate the impacts of the property at no cost to the City, including the design and construction of approximately 1,100 lineal feet of 12-in water pipeline and appurtenances (Public Works Code Requirement No. 1(g)) On the issues that staff and the applicant were not in agreement, the Commission discussed the following items in detail: 1. Recommendation of the Design Review Board to include pedestrian amenities and an art element (Condition of Approval No. 1) 2. Allowance of the proposed curb cut and access opening to the development between Beach Boulevard and the frontage road (Condition of Approval No. 3) 3. Exclusion of encroachments into the frontage road (Condition of Approval No. 4) 4. Location of the backflow protection devices within the front yard setback (Public Works Code Requirement No. 1(d)) 5. Construction of an ADA compliant curb access ramp at the southeast corner of Atlanta Avenue and the frontage road (Public Works Code Requirement No. 2(a)) 6. Removal of the existing southerly driveway approach on the Beach Boulevard frontage road (Public Works Code Requirement No. 2(d)) After lengthy discussions and a series of straw votes on these issues, the Planning Commission approved the CUP and VAR with the following revisions to staff's suggested conditions of approval and code requirements from the March 10, 2009 staff report (ATTACHMENT NO. 5): 1. Provide an outdoor seating area to create a pedestrian friendly environment onsite (Condition of Approval No. 1—modified) -5- 4/20/2009 5:24 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: PL-09-08 2. Allow the proposed curb cut and access opening to the development between Beach Boulevard and the frontage road if an acceptable design is approved by the Public Works Department (Condition of Approval No. 3—modified) 3. Allow encroachments into the frontage road if an access easement agreement is approved by the City Attorney (Condition of Approval No. 4—deleted) 4. Require that all new backflow protection devices be screened from view and prohibited in the front yard setback (Code Requirement No. 1(d)—kept as recommended by staff) 5. Require the construction of ADA compliant curb access ramp at the southeast corner of Atlanta Avenue and the frontage road (Code Requirement No. 2(a)—kept as recommended by staff) 6. Allow the southerly driveway approach on the Beach Boulevard frontage road (Code Requirement No. 2(d)—deleted) A complete list of the Planning Commission approved conditions of approval and code requirements is provided as ATTACHMENT NO. 8. D. APPEAL: On March 20, 2009, Mayor Bohr filed an appeal of the Planning Commission's approval of the proposed project to allow the City Council an opportunity to review the project and all associated entitlements in its entirety (ATTACHMENT NO. 3). E. STAFF ANALYSIS AND RECOMMENDATION The analysis below focuses on the appeal filed by Mayor Bohr on March 20, 2009. A brief summary of each entitlement is presented below. The discussion regarding the applicant's appeal of conditions of approval and code requirements is also included. Addition/Fagade Remodel The applicant's proposal is to permit the construction of two additions totaling approximately 5,870 sq. ft. to an existing 85,107 sq. ft. commercial/retail shopping center, a comprehensive exterior fagade remodel and site improvements of the parking lot for the shopping center. Staff supports the request because the proposed project consists of additions to an existing neighborhood commercial/retail shopping center in an area designated for commercial uses on the adopted Land Use Plan. The addition/fagade remodel will facilitate the expansion and introduction of new businesses such as a grocery store and drug store intended to serve the surrounding residential neighborhood. The project design features quality architecture and exterior finish materials (plaster and decorative metal elements) that complement surrounding residential neighborhood, a variety of roof lines and fagade treatments, and a -6- 4/20/2009 5:24 PM REQUEST FOR CITY COUNCIL ACTION MEETING ®ATE: DEPARTMENT I® NUMBED: PL-09-08 functional site layout with efficient access from parking areas to building entrances. The proposed project will improve and enhance the existing building fagades and modernize and revitalize the shopping center. Parking Variance The applicant is requesting the allowance of 340 parking spaces in lieu of the minimum required 380 parking spaces (40 space reduction) in conjunction with the additions to the shopping center. Staff supports the parking reduction request because it does not constitute a grant of special privilege because the City has approved comparable reductions in the parking requirement for other similarly sized shopping centers in the same zoning classification. The project site is restricted by a frontage road adjacent to the site that rendered the site narrow and long as compared to other shopping centers with similar mix of tenants. This frontage road represents a constraint to development of the site, absent which additional parking spaces may be provided on site to meet the code required minimum. The requested variance is necessary to enjoy the substantial property right of improving and expanding the existing center to create a commercially viable shopping center with neighborhood uses such as a market, a drug store, restaurants, and personal services. In addition, the applicant submitted the Access and Parking Analysis, prepared by LSA Associates, Inc. (August 2008) to substantiate the reduction in the parking requirement. The analysis found the reduction in parking is not anticipated to create an on-site shortfall of parking or generate overflow parking within the adjacent residential neighborhoods. Accordingly, the requested reduction in parking will not have a detrimental impact on surrounding property owners. Conditions of Approval/Code Requirements On March 10, 2009, the Planning Commission considered twelve appeal items and approved the Conditional Use Permit and Variance with nine conditions of approval and code requirements as recommended by staff. The Planning Commission also approved three conditions of approval and code requirements which are different from staff recommendations. The applicant is in agreement with the Planning Commission's action. Below is a brief discussion of the three conditions of approval and code requirements. 1. The allowance of the proposed curb cut and access opening to the development between Beach Boulevard and the frontage road 2. The exclusion of encroachments into the frontage road from the subject property 3. The removal of the existing southerly driveway approach on the Beach Boulevard frontage road -7- 4/20/2009 5:24 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: PL.-09-08 I EXISTING o EXISTING BANK oSHOPSI BIG LOTS SHOPS i.,saos¢rr. I DRUGSTORE SHOPS3 z >os sa. '� e.iao so.rr. zs,sao so.rr. z.000 so.n. is,sszso.rr. I z 71INTE.17 O a o 0 ® o ® o o ® o o ® ® o __-- I- --------------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - ______________= # i'UiT - - - - ------------------------------------------ -- r L -----------------------------_--- - _. .- -- - - - -- - ._ - -- - ---- Exhibit 1: Existing Site Plan Allowance of the Proposed Curb Cut and Access Openinq: The condition of approval relates to the allowance of the proposed curb cut and access opening to the development between Beach Boulevard and the frontage road based on the submittal of an acceptable design for review and approval by the Public Works Department. (refer to Item No. 1 of Exhibit 2 and 3). On February 4, 2009, the applicant submitted a design of the proposed curb cut and access opening between Beach Boulevard and the frontage road. The Public Works Transportation Division staff reviewed the design and determined that the proposed design would not adequately control ingress and egress to and from Beach Boulevard. In addition, the Traffic Study did not demonstrate the need for the opening based on traffic safety, traffic flow, or traffic volumes generated by the building additions. Based on the above analysis by the Public Works Transportation Division, staff recommends no changes to Condition of Approval No. 3. Condition of Approval No. 3 as recommended by staff reads: The proposed curb cut and access opening to the development between Beach Boulevard and the frontage road shall only be allowed if the applicant submits an acceptable design for the review and approval by the Public Works Department. All costs associated with the curb cut and access opening shall be the responsibility of the applicant. (PW) -g- 4/20/2009 5:24 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: PL-09-08 Approved Condition of Approval No. 3 by the Planning Commission reads: The proposed curb cut and access opening to the development between Beach Boulevard and the frontage road and the driveway at the southwest corner of the site shall only be allowed if the applicant submits an acceptable design for the review and approval by the Public Works Department and any access easement agreement has been reviewed and approved by the City Attorney and recorded as deemed necessary. All costs associated with the curb cut and access opening shall be the responsibility of the applicant. (PW) Exclusion of Encroachments: The condition of approval pertains to the exclusion of encroachments into the frontage road except for those identified in Conditions of Approval No. 2(c)(1) and 3 (refer to Items No. 1 and 2 of Exhibit 3). This condition was recommended by staff and deleted by the Planning Commission to allow the proposed curb cut and access opening to the development between Beach Boulevard and the frontage road and the driveway at the southwest corner of the site. The proposed project is a fagade refurbishment of the shopping center and does not meet the Redevelopment Project Area Plan Goals of developing underutilized parcels to accommodate higher and better economic uses while enhancing the City's financial resources. Therefore, allowing encroachment onto the frontage road, a city-owned asset, to support parking lot and general fagade improvements is inconsistent with prior City or Redevelopment Agency actions and would not be permitted for any other project. The Economic Development Department has submitted a memo outlining the reason for staff recommendation that encroachment into the frontage road not be permitted for this project (ATTACHMENT NO. 10). New Condition of Approval No. 4 as recommended by staff reads: Except as identified in Conditions of Approval Nos., 2.c.1 and 3, no encroachment into the frontage road shall be allowed. Encroachments include the driveway at the southwest corner of the property, curb, gutter, pavement, landscaping, lighting, or signage. (ED) Removal of the Existinq Southerly Driveway: The code requirement pertains to the frontage road and the removal of the existing southerly driveway approach on the Beach Boulevard frontage road (refer to Item No. 2 of Exhibit 3). In reviewing the site plan, the Public Works Department determined that the current site functions adequately without this driveway approach and access to the frontage road is not possible due to an existing asphalt curb in place along the easterly side of the frontage road near this location. Removing this approach and replacing it with curb, gutter, and sidewalk will create a more ADA compliant path of travel along the public right-of-way at this location. The requirement was deleted by the Planning Commission to allow the southerly driveway approach on the Beach Boulevard frontage road. -9- 4/20/2009 5:24 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: PL-09-08 1 +� e i I�: � EXIS➢NG" ,- .PRbPGSl9 '- �ti EXISTING RETAIL ' PROPOSED EXISTING 'DRUG STORE / SHOPS' EXISTING SHOPS hIWKEf I SHOPS ',if i •• FRONTAGE ,. , _ —AOAO W -�. i�2 EFA c F t U co u L_E V.L.R.D eou EVARD L----�- ---=------------- - --- --'---- -- Exhibit 2: Proposed Site Plan—Approved by the Planning Commission 1. extended curb cut and access opening from Beach Boulevard 2. southerly driveway extension/encroachment into the frontage road - -- LLjq :,'�: 1AARKET EXISTING .... .. ! -'J PROPG.TdO %j.�' EX15nM'' RETAIL PROPOSED -EXISTING DRUG STORE - - 'i•-- SHOPS" EXISTING µ�AKET - SHOPS SHOPS ... ,TIT., I ht d <I — TJJT Exhibit 3: Proposed Site Plan—Recommended by Staff 1. remove extended curb cut from the frontage road (staff recommended Condition of Approval No. 4) 2. remove the southerly driveway extension/encroachment into the frontage road (staff recommended Code Requirement No. 2(d)) -10- 4/20/2009 5:24 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: PL.-09-08 Staff Recommended Code Requirement No. 2(d) reads: The existing southerly driveway approach on the Beach Boulevard frontage road shall be removed and replaced with curb, gutter and sidewalk per City Standard Plan Nos. 202 and 207. (ZSO 230.84) Staff has identified an alternative action for the City Council to consider regarding the approval of the proposed project. The alternative action (No. 1 — Staffs Recommendation — Modified) is proposed to prohibit vehicular access between Beach Blvd. and the frontage road. The alternative action is proposed because vehicular access would limit the development potential of the city-owned frontage road. F. SUMMARY Staff is recommending approval of the proposed project based on the suggested findings and subject to the staff suggested conditions of approval and code requirements. The project furthers the General Plan goals and polices which encourages the modernization and expansion of uses that support the needs of Hunting Beach residents. The proposed project will be compatible with the surrounding land uses. Finally, the proposed project complies with all applicable zoning regulations in terms of minimum building setbacks, minimum landscaping, maximum floor area ratio, and maximum building height, except for the parking variance approved concurrently. Strategic Plan Goal: Strategic Plan Goal: Establish the vision and create a land use plan for reuse of critical parcels so that the next phase of the community investment and improvement can begin. The proposed project consists of additions to an existing neighborhood commercial/retail shopping center in an area designated for commercial uses on the Land Use Plan. The project furthers the General Plan goals and polices which encourages the modernization and expansion of uses that support the needs of Hunting Beach residents. The addition will facilitate .the expansion and introduction of businesses such as a grocery store and drug store intended to serve the surrounding residential neighborhood. The project design features quality architecture and exterior finish materials (plaster and decorative metal elements), a variety of roof lines and fagade treatments, and a functional site layout with efficient access from parking areas to building entrances. The project will improve the existing building fagades and modernize the shopping center. Environmental Status: The proposed project is Categorically Exempt pursuant to Section 15301, Class 1, of the California Environmental Quality Act, which exempts projects consisting of an addition of less than 10,000 sq. ft. of floor area to existing structures on a site where public services and facilities are available and the surrounding area is not environmentally sensitive. -11 4/21/2009 9:44 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: PL-09-08 Attachrnent(s): 1. Suggested Findings and Conditions of Approval for Conditional Use Permit No. 08-013 and Variance No. 08-007 (Planning Commission Recommendation 2. Suggested Findings and Conditions of Approval for Conditional Use Permit No. 08-013 and Variance No. 08-007 (Staff Recommendation 3. Appeal Letter from Mayor Keith Bohr dated March 20, 2009 4. Appeal Letter from Bill Holman of Mike Adams Associates dated December 19, 2008 5. Planning Commission Staff Report dated March 10, 2009 6. Site Plan, Floor Plans, Elevations dated September 23, 2008 7. Pro ect Narrative dated September 23, 2008 8. Planning Commission Notice of Action—CUP No. 08-013 and Variance No. 08-007, March 11, 2009 with findings, conditions of approval , and revised Public Works code requirements 9. Draft Minutes of March 10, 2009 Planning Commission Meeting 10. Economic Development Department's Comments, April 1, 2009 11. 1 Letters Received Regarding the Proposed Project 12. 1 PowerPoint Presentation Slides -12- 4/20/2009 5:33 PM ATTACHMENT # 1 PLANNING COMMISSION RECOMMENDATION SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2008-013 AND VARIANCE NO. 2008-007 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the proposed project consists of an addition of less than 10,000 sq. ft. of floor area to existing str l ctures on a site where public services and facilities area available and the surrounding area is not environmentally sensitive. SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2008-013: 1. Conditional Use Permit No. 2008-013 to permit the construction of two additions totaling approximately 5,870 sq. ft. to an existing commercial/retail shopping center will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The subject property is designated for commercial general development under the General Plan. The proposed project is consistent with the permitted uses and development standards within this designation. Residential uses are located approximately 115 feet to the north across Atlanta Avenue, 105 feet to the east across the flood channel, and 75 feet to the south. Since the activity areas on the site, including parking areas and building entrances, are oriented toward Beach Boulevard, the residential properties are sufficiently buffered. The proposed project will not generate significant noise, odors, traffic above levels already established by existing uses on site. 2. The conditional use permit will be compatible with surrounding uses because the proposed project is a minor expansion and fagade remodel of an existing neighborhood shopping center. The proposed building is designed with colors and materials that complement surrounding residential neighborhoods by incorporating enhanced architectural details and materials such as the roofs, plaster exterior finishes, trellises, awnings, and Mediterranean colors. 3. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, except for the parking variance approved concurrently. They project complies with land use limitations, minimum landscaping and building setbacks and maximum floor area ratio, among others. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG-F1 (Commercial General — 0.35 Page 1 of 5 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 7.1.1: Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. LU 10.1.1: Accommodate the development of neighborhood, community, regional, office and visitor-serving commercial uses in areas designated on the Land Use Plan in accordance with Policy 7.1.1. LU 10.1.4: Require that commercial buildings and sites be designed and developed to achieve a high level of architectural and site layout quality. ED 2.4.1: Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. The proposed project consists of additions to an existing neighborhood commercial/retail shopping center in an area designated for commercial uses on the Land Use Plan. The addition will facilitate the expansion and introduction of businesses such as a grocery store and drug store intended to serve the surrounding residential neighborhood. The project design features quality architecture and exterior finish materials (plaster and decorative metal elements), a variety of roof lines and facade treatments, and a functional site layout with efficient access from parking areas to building entrances. The project will improve the existing building fagades and modernize the shopping center. SUGGESTED FINDINGS FOR APPROVAL - VARIANCE NO. 2008-007: 1. The granting of Variance No. 2008-007 to allow 340 parking spaces in lieu of the minimum required 380 parking spaces will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. This represents a 40-space (10.5%) reduction in the required number of parking spaces. In the past, the City has allowed comparable reduction in the parking requirement for other similarly sized shopping centers in the same zoning classification through conditional use permits. 2. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The variance will not constitute a grant of special privilege because the project site presents a special circumstance (an existing frontage road adjacent to the property) which is inconsistent with the limitations on other properties and which is remedied, in part, by the granting of the requested variance. The project site is encumbered by a frontage road adjacent to the site that rendered the site narrow and long as compared to other shopping centers with similar mix of tenants along Beach Boulevard and Edinger Avenue. This frontage road represents a constraint to development of the site, Page 2 of 5 absent which additional parking spaces may be provided on site to meet the code required minimum. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The requested variance is necessary to offset a unique constraint to development represented by an existing frontage road adjacent to the property, absent which the property could accommodate the additional parking spaces needed for code compliance. In addition, the variance is needed to enjoy the substantial property right of improving and expanding the existing center to create a commercially viable shopping center with neighborhood uses such as a market, a drug store, restaurants, and personal services. In doing so, this center is able to compete with other shopping centers in the vicinity. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The proposed addition and remodel allows the existing commercial buildings to be designed and developed to achieve a high level of architectural and site layout quality. The parking area is designed to maximize the use of site while providing for efficient and convenient site access and internal circulation. To substantiate the reduction in the parking requirement, the applicant submitted the Access and Parking Analysis, prepared by LSA Associates, Inc. (August 2008). The total parking demand for the site would be 263 parking spaces based on parking surveys of the site and the parking requirement in the Huntington Beach Zoning and Subdivision Ordinance. The total number of parking proposed to be provided is 340 spaces. Since the parking demand is less than the parking provided onsite, the reduction in parking is not anticipated to generate overflow parking within the adjacent residential neighborhoods. Accordingly, the requested reduction in parking will not have a detrimental impact on surrounding property owners. The variance will accommodate new development in accordance with the General Plan Land Use and Density Schedule. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 2008-013/ VARIANCE 2008-007: 1. The site plan, floor plans, and elevations received and dated September 23, 2008 shall be the conceptually approved design with the following modifications: a. Plans shall be revised to be consistent with the approval by the Design Review Board on August 18, 2008 including the following modifications: (DRB) i. Provide an outdoor seating area to create a pedestrian friendly environment onsite. ii. Provide the following walkways onsite to accommodate pedestrian traffic.. 1) a walkway to terminate at Shops 3 building and 2) a walkway along the main vehicular entrance to the site from the frontage road to the buildings. iii. Provide textured pedestrian walkways across vehicular driveways to define the pedestrian paths from parking areas to primary building entrances. Page 3 of 5 iv. Incorporate public art into the project. A public art element, approved by the Design Review Board, Director of Planning, and Director of Huntington Beach Art Center, shall be designated on the plans. Public Art shall be innovative, original, and of artistic excellence; appropriate to the design of the project; and reflective of the community's cultural identity (ecology, history, or society. The art work shall be installed within two years of project approval. V. Provide additional color variation and architectural elements such as wainscoting to enhance the market and Big Lots building elevations. b. A private fire hydrant shall be located adjacent to the southeast corner of building number 3. The applicant shall contact the Fire Department for additional information on hydrant location and specifications. (FD) c. Landscaping shall be provided in areas between the 10-foot wide enhanced paving walkway and the parking areas in front of shop building number 3. d. The site plan shall identify the intended use of the space between the existing drugstore and shop building number 3 and the space behind shop building number 3. (PW) e. The proposed market expansion area behind the existing shops shall be redesigned as to not create a dead end walkway that is vulnerable to undesirable activities and crime. (PD) f. The proposed stand-alone ATM shall be relocated to a different area on the site that allows more visibility and safety when the stores are closed. (PD) g. The loading door facing Beach Boulevard shall have a decorative design compatible with the building elevation to the approval of Planning staff. 2. Prior to issuance of grading permits, the following shall be completed: a. The site plan shall also identify all emergency doors, transformers, bollards, and miscellaneous built out spaces behind Big Lots, shop building numbers 2 and 3, and the existing drugstore. (PW) b. The site plan shall also identify the truck dock for Big Lots. (PW) c. A Precise Grading Plan shall include the following improvements on the plan: 1. Damaged curb, gutter and sidewalk along the Atlanta Avenue and Beach Boulevard (frontage road) frontages shall be removed and replaced per Public Works Standard Plan Nos. 202 and 207. (ZSO 230.84 and ADA) (PW) 2. "Master metering" of individual meters of multiple businesses in the same building shall be allowed. (PW) Page 4 of 5 d. Developer shall secure or provide evidence of applicable public utility easement documentation for all new and existing public water facilities crossing private property. (PW) 3. The proposed curb cut and access opening to the development between Beach Boulevard and the frontage road and the driveway at the southeast corner of the site shall only be allowed if the applicant submits an acceptable design for the review and approval by the Public Works Department and any access easement agreement has been reviewed and approved by the City Attorney and recorded as deemed necessary. All costs associated with the curb cut and access opening shall be the responsibility of the applicant.(PW) 4. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategorylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/index.cfm?fuseaction=quidelines). CODE REQUIREMENTS: 1. The Public Works code requirements letter attached to the Notice of Action Letter dated March 11, 2009 shall be the approved requirements. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. Page 5 of 5 ATTACHMENT #2 (STAFF RECOMMENDATION) SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2008-013 AND VARIANCE NO. 2008-007 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the proposed project consists of an addition of less than 10,000 sq. ft. of floor area to existing structures on a site where public services and facilities area available and the surrounding area is not environmentally sensitive. SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2008-013: 1. Conditional Use Permit No. 2008-013 to permit the construction of two additions totaling approximately 5,870 sq. ft. to an existing commercial/retail shopping center will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The subject property is designated for commercial general development under the General Plan. The proposed project is consistent with the permitted uses and development standards within this designation. Residential uses are located approximately 115 feet to the north across Atlanta Avenue, 105 feet to the east across the flood channel, and 75 feet to the south. Since the activity areas on the site, including parking areas and building entrances, are oriented toward Beach Boulevard, the residential properties are sufficiently buffered. The proposed project will not generate significant noise, odors, traffic above levels already established by existing uses on site. 2. The conditional use permit will be compatible with surrounding uses because the proposed project is a minor expansion and facade remodel of an existing neighborhood shopping center. The proposed building is designed with colors and materials that complement surrounding residential neighborhoods by incorporating enhanced architectural details and materials such as tile roofs, plaster exterior finishes, trellises, awnings, and Mediterranean colors. 3. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, except for the parking variance approved concurrently. The project complies with land use limitations, minimum landscaping and building setbacks and maximum floor area ratio, among others. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG-F1 (Commercial General — 0.35 Page 1 of 5 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 7.1.1: Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. LU 10.1.1: Accommodate the development of neighborhood, community, regional, office and visitor-serving commercial uses in areas designated on the Land Use Plan in accordance with Policy 7.1.1. LU 10.1.4: Require that commercial buildings and sites be designed and developed to achieve a high level of architectural and site layout quality. ED 2.4.1: Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. The proposed project consists of additions to an existing neighborhood commercial/retail shopping center in an area designated for commercial uses on the Land Use Plan. The addition will facilitate the expansion and introduction of businesses such as a grocery store and drug store intended to serve the surrounding residential neighborhood. The project design features quality architecture and exterior finish materials (plaster and decorative metal elements), a variety of roof lines and facade treatments, and a functional site layout with efficient access from parking areas to building entrances. The project will improve the existing building fapades and modernize the shopping center. SUGGESTED FINDINGS FOR APPROVAL - VARIANCE NO. 2008-007: 1. The granting of Variance No. 2008-007 to allow 340 parking spaces in lieu of the minimum required 380 parking spaces will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. This represents a 40-space (10.5%) reduction in the required number of parking spaces. In the past, the City has allowed comparable reduction in the parking requirement for other similarly sized shopping centers in the same zoning classification through conditional use permits. 2. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The variance will not constitute a grant of special privilege because the project site presents a special circumstance (an existing frontage road adjacent to the property) which is inconsistent with the limitations on other properties and which is remedied, in part, by the granting of the requested variance. The project site is encumbered by a frontage road adjacent to the site that rendered the site narrow and long as compared to other shopping centers with similar mix of tenants along Beach Boulevard and Edinger Avenue. This frontage road represents a constraint to development of the Page 2 of 5 site, absent which additional parking spaces may be provided on site to meet the code required minimum. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The requested variance is necessary to offset a unique constraint to development represented by an existing frontage road adjacent to the property, absent which the property could accommodate the additional parking spaces needed for code compliance. In addition, the variance is needed to enjoy the substantial property right of improving and expanding the existing center to create a commercially viable shopping center with neighborhood uses such as a market, a drug store, restaurants, and personal services. In doing so, this center is able to compete with other shopping centers in the vicinity. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The proposed addition and remodel allows the existing commercial buildings to be designed and developed to achieve a high level of architectural and site layout quality. The parking area is designed to maximize the use of site while providing for efficient and convenient site access and internal circulation. To substantiate the reduction in the parking requirement, the applicant submitted the Access and Parking Analysis, prepared by LSA Associates, Inc. (August 2008). The total parking demand for the site would be 263 parking spaces based on parking surveys of the site and the parking requirement in the Huntington Beach Zoning and Subdivision Ordinance. The total number of parking proposed to be provided is 340 spaces. Since the parking demand is less than the parking provided onsite, the reduction in parking is not anticipated to generate overflow parking within the adjacent residential neighborhoods. Accordingly, the requested reduction in parking will not have a detrimental impact on surrounding property owners. The variance will accommodate new development in accordance with the General Plan Land Use and Density Schedule. SUGGESTED CONDITIONS OF APPROVAL. - CONDITIONAL USE PERMIT NO. 2008-013/ VARIANCE 2008-007: 1. The site plan, floor plans, and elevations received and dated September 23, 2008 shall be the conceptually approved design with the following modifications: a. Plans shall be revised to be consistent with the approval by the Design Review Board on August 18, 2008 including the following modifications: (DRY) i. Provide a plaza/courtyard to create a pedestrian friendly environment onsite. ii. Provide the following walkways onsite to accommodate pedestrian traffic: 1) a walkway along the front of the buildings from Atlanta Avenue to the southerly property line and 2) a walkway along the main vehicular entrance to the site from the frontage road to the buildings. Page 3 of 5 iii. Provide textured pedestrian walkways across vehicular driveways to define the pedestrian paths from parking areas to primary building entrances. iv. Incorporate public art into the project. A public art element, approved by the Design Review Board, Director of Planning, and Director of Huntington Beach Art Center, shall be designated on the plans. Public Art shall be innovative, original, and of artistic excellence; appropriate to the design of the project; and reflective of the community's cultural identity (ecology, history, or society. The art work shall be installed within two years of project approval. v. Provide additional color variation and architectural elements such as wainscoting to enhance the market and Big Lots building elevations. b. A private fire hydrant shall be located adjacent to the southeast corner of building number 3. The applicant shall contact the Fire Department for additional information on hydrant location and specifications. (FD) c. Landscaping shall be provided in areas between the 10-foot wide enhanced paving walkway and the parking areas in front of shop building number 3. d. The site plan shall identify the intended use of the space between the existing drugstore and shop building number 3 and the space behind shop building number 3. (PW) e. The proposed market expansion area behind the existing shops shall be redesigned as to not create a dead end walkway that is vulnerable to undesirable activities and crime. (PD) f. The proposed stand-alone ATM shall be relocated to a different area on the site that allows more visibility and safety when the stores are closed. (PD) g. The loading door facing Beach Boulevard shall have a decorative design compatible with the building elevation to the approval of Planning staff. 2. Prior to issuance of grading permits, the following shall be completed: a. The site plan shall also identify all emergency doors, transformers, bollards, and miscellaneous built out spaces behind Big Lots, shop building numbers 2 and 3, and the existing drugstore. (PW) b. The site plan shall also identify the truck dock for Big Lots. (PW) c. A Precise Grading Plan shall include the following improvements on the plan.. 1. Damaged curb, gutter and sidewalk along the Atlanta Avenue and Beach Boulevard (frontage road) frontages shall be removed and replaced per Public Works Standard Plan Nos. 202 and 207. (ZSO 230.84 and ADA) (PW) Page 4 of 5 2. "Master metering" of individual meters of multiple businesses in the same building shall be allowed. (PW) d. Developer shall secure or provide evidence of applicable public utility easement documentation for all new and existing public water facilities crossing private property. (PW) 3. The proposed curb cut and access opening to the development between Beach Boulevard and the frontage road shall only be allowed if the applicant submits an acceptable design for the review and approval by the Public Works Department. All costs associated with the curb cut and access opening shall be the responsibility of the applicant.(PW) 4. Except as identified in Conditions of Approval 2.c.1 and 3, no encroachment into the frontage road shall be allowed. Encroachments include the driveway at the southwest corner of the property, curb, gutter, pavement, landscaping, lighting, or signage. (ED) 5. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategorylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.or-q/index.cfm?fuseaction=quidelines). CODE REQUIREMENTS: 1. The Public Works code requirements letter included as Attachment No. 8 of the March 10, 2009 Planning Commission Staff Report shall be the approved requirements. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. Page 5 of 5 ATTACHMENT #3, City f Huntington Beach City Council interoffice Communication HUNTINGTON BEACH TO: Joan Flynn, City Clerk FROM: Keith Bohr, Mayor DATE: March 20, 2009 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 08-013 AND VARIANCE NO. 08-007 (BEACH PROMENADE COMMERCIAL CENTER) I am hereby appealing the Planning Commission's actions on the proposed Beach Promenade Commercial Center project at 21022-21190 Beach Boulevard. On March 10, 2009, the Planning Commission approved Conditional Use Permit No. 08-013 and Variance No. 08-007. The request is to permit the construction of two additions totaling approximately 5,870 sq. ft. to an existing 85,107 sq. ft. commercial/retail shopping center located at the southeast corner of Beach Boulevard and Atlanta Avenue and to approve a variance allowing 340 parking spaces in lieu of the minimum required 380 spaces in conjunction with the additions to the shopping center. The primary reason for my appeal is to allow the City Council an opportunity to review the proposed project and all associated entitlements in its entirety. Pursuant to Section 248.18 of the Huntington Beach Zoning and Subdivision Ordinance, the City Council shall hear an appeal from the decision of the Planning Commission. cc: Honorable City Council Chair and Planning Commission Fred Wilson, City Administrator Bob Hall, Deputy City Administrator Stanley Smalewitz, Economic Development Director Kellee Fritzal, Economic Development Deputy Director Scott Hess, Director of Planning Herb Fauland, Planning Manager Robin Lugar, Assistant City Clerk -- Tess Nguyen, Associate Planner - A Simone Slifman, Project Manager ., Linda Wine, Administrative Assistant > Bill Holman, Michael C. Adams Associates, Applicant o Bijan Sassounian, Property Owner James Diebold, PNS Stores, Inc., Property Owner Sigma Enterprises, Inc., Property Owner Beach Promenade PC Appeal 3 20 09 3/20/2009 3:36:00 PM ATTACHMENT #4. ICAEL C. ADAMS ASSOCIATES December 16, 2008 Mr. Tom Livengood, Chairman Huntington Beach Planning Commission 2000 Main Street Huntington Beach, CA 92648 Subject: Appeal of Conditions imposed upon Zoning Administrator Approval of Conditional Use Permit No. 2008-013; Variance No. 2008-007 Beach Promenade Commercial Center Chairman Livengood and Commissioners: On behalf of Bijan Sassounian and the other owners of the Beach Promenade Shopping Center at Beach Boulevard and Atlanta Avenue, we are appealing certain conditions imposed upon the Zoning Administrator's approval of the above-referenced applications to permit the minor expansion and major remodel of the shopping center. The narrow configuration of this center and parking lot, its divided ownership, and access constraints created by the former Caltrans frontage road present unique challenges to upgrading this center to compete in today's retail environment. Approval of the conditional use permit and parking variance will allow the center's owners to invest in needed improvements to the center to attract new tenants for the long term economic benefit of the entire community. We have had several meetings with development staff to review the proposed project and are in receipt of their comments and recommendations. While we concur with the majority of these recommendations, there are a number of recommended conditions of approval and code requirements that we would like to clarify, and, in some cases, request relief from their strict application. These recommendations, and our requests, are summarized below. Condition 1.a.i-iv We would like it noted that as part of its approval, the Design Review Board required the inclusion of a number of elements and features not reflected on the conceptual site plan, notably a plaza/courtyard, north to south walkways, ADA- compliant paths of travel throughout the center and a public art element. We anticipate that incorporating these elements into the final design of the center will result in the loss of approximately twenty parking spaces or landscaped areas depicted on the conceptually approved site plan. We would like some flexibility in the final number of parking spaces or landscape areas required in order to achieve these design objectives, subject to Planning Director approval. . } fit P.O. Box 382, Huntington Beach,CA 92648-0382 Phone (714)374-5678 Cell (714)376-3060 Fax(714)374-2211 e-mail: AdamsAssoc(asocalxr.com Condition 1 b The existing Rite Aid building is set back 24 feet from the rear (east) property line. No expansion into this setback is proposed as part of this application. It is not possible to provide a hammerhead turnaround behind the existing "Shops 2" building that complies with the design criteria contained in City Specification #401, either with or without demolition of all or a portion of this building. The owner of the Shops 2 building (Sigma Enterprises) and Applicant are opposed to any demolition of this building, and therefore request relief from and/or removal of this condition. Conditions 2.c, 3 and 4 There are inherent conflicts in the intent of these conditions. In Condition 4, the Economic Development Department would like to prohibit all "encroachment" into the frontage road, including prohibiting "curb, gutter, pavement, landscaping, lighting or signage" improvements as well as an existing driveway to the center which has been rendered unusable by the City's construction of an asphalt curb within the frontage road. However, in Conditions 2.c.1 and 2.c.2 Public Works is requiring the Applicant to remove and replace all damaged public curb, gutter and sidewalk within the frontage road right of way. Additionally, Planning has requested, and the approved site plan depicts, construction of a new sidewalk crossing the frontage road to connect the shopping center to the existing apartment development to the south. On one hand, the Applicant is being required to make significant repairs to public curb, gutter and sidewalk improvements within the frontage road right of way that the City has failed to maintain and that are not affected by the requested expansion; and on the other hand is being prohibited. from constructing requested new access and circulation improvements consistent with good planning and design, and which are critical to the viability of the center and attracting and retaining high quality tenants. We hereby request the Planning Commission to eliminate suggested Condition 4 and approve the conceptual site plan and access to Beach Boulevard as submitted, based on the Access and Parking Analysis prepared by LSA Associates, Inc., which concludes that the proposed access to Beach Boulevard will not have a negative impact on traffic movements. It is our belief that providing direct ingress and egress to and from the center for northbound traffic on Beach Boulevard will help revitalize the center and reduce the amount of traffic making unsafe left turns across Atlanta Avenue to get to Beach Boulevard. Condition 2.c.2 We would like the wording of this condition clarified to apply only to the two buildings which are proposed to be expanded as part of this CUP — 21022 Beach Boulevard (vacant Bank of America building) and 21132 Beach Boulevard (existing Rite Aid building), in lieu of "All new water meters" and "All existing water meters." We request that new backflow prevention devices be allowed (vs. prohibited) within the front yard setback; otherwise they cannot be constructed "immediately adjacent to the meter" unless they are constructed in the public sidewalk. We believe they can be placed within the six-foot wide planter area immediately behind the sidewalk and screened with landscaping. ?Y. The Applicant is also requesting relief from the following recommended conditions and code requirements contained in the comment letter from the Public Works Department dated October 30, 2008: Requirements 1 b & 1 e Separate domestic water services and meters already exist for the 21022 and 21132 buildings. We would like.to use the existing services and meters if possible, and not have to abandon them. (We have no issue with the fire service requirements per 1 c). Requirement 1d Only two buildings are proposed to be expanded. The requirement to install new backflow protection devices on all new and existing domestic and irrigation services at the center, which includes other building owners, seems to be excessive. Requirement I The center is currently served by an 8-inch public water main located in the frontage road. The requirement to construct 1,100 linear feet of a new 12- inch water line is a major expense for such a small expansion to the center and will require participation of other building owners at the center. We request deferral of this requirement until such time as the center is redeveloped. Requirements 2a & 2d We request relief from requirement 2a to install a new handicap ramp at the corner of Atlanta and the frontage road, and requirement 2d to remove the existing driveway approach at the south end of the center, which may be needed for truck access. On behalf of-the center's owners, we respectfully request your approval of the CUP and parking variance to permit remodeling of the center, and thank you for your consideration of the above requested modifications to the conditions of approval and code requirements. Sincerely, f. Bili Holman Michael C. Adams Associates Cc: Mayor Keith Bohr and City Council Fred Wilson, City Manager Bob Hall, Assistant City Manager Scott Hess, Director of Planning Herb Fauland, Planning Manager Tess Nguyen, Associate Planner. Terri Elliott, Principal Civil Engineer Steve Bogart, Senior Civil Engineer Bill Reardon, Division Chief, Fire Marshal Gerald Caraig, Permit-Plan Check Manager Kellee Fritzal, Deputy Director of Economic Development Bijan Sassounian Mike Adams Phillip Silver, Sigma Enterprises Jim Diebold, PNS Stores, Inc. ATTACHMENT #5; J� City of Huntington Beach Planning Department STAFF REPORT HUNTINGTON BEACH - - TO: Planning Commission FROM: Scott Hess, AICP, Director of Planning BY: Tess Nguyen, Associate Planner DATE: March 10, 2009 SUBJECT: APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF CONDITIONAL USE PERMIT NO. 08-013 AND VARIANCE NO. 08-007 (BEACH PROMENADE COMMERCIAL CENTER) APPELLANT/ APPLICANT: Bill Holman, Michael C. Adams Associates, 21190 Beach Boulevard, Huntington Beach CA 92648 PROPERTY Bijian Sassounian, 21190 Beach Boulevard, Huntington Beach CA 92648 OWNERS: James Diebold, PNS Stores, Inc., 300 Philipi Road, Columbus OH 43228 Sigma Enterprises, Inc., 111 S Kraemer Blvd#C, Brea CA 92821 LOCATION: 21022-21190 Beach Boulevard, 92648 (southeast corner of Beach Boulevard and Atlanta Avenue) STATEMENT OF ISSUE: • Conditional Use Permit No. 08-013 request: - Construct two additions totaling approximately 5,870 sq. ft. to an existing 85,107 sq. ft. commercial/retail shopping center. o Variance No. 08-007 request: - Allow 340 parking spaces in lieu of the minimum required 380 parking spaces (40 space reduction) in conjunction with the additions to the shopping center. o Staff s Recommendation: Approve Conditional Use Permit No. 08-013 and Variance No. 08-007 based upon the following: - The project will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. - The project will be compatible with surrounding uses. - The project will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, except for the parking variance approved concurrently. - The project, as conditioned, furthers General Plan goals and policies. d �\ ""MEN momm . ONE■ MEN r IN MEN iimmmOEM � �} A' ' tom^-�-•'�`���y � W _ %ems�Ge `~1; f � t f 4 RECOMMENDATION: Motion to: A. "Approve Conditional Use Permit No. 08-013 and Variance No. 08-007 with findings and suggested conditions of approval (Attachment No. 1)." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Conditional Use Permit No. 08-013 and Variance No. 08-007 with findings for denial." B. "Continue Conditional Use Permit No. 08-013 and Variance No. 08-007 and direct staff accordingly." PROJECT PROPOSAL- Conditional Use Permit No. 08-013 represents a request to permit construction of two additions totaling approximately 5,870 sq. ft. to an existing 85,107 sq. ft. commercial/retail shopping center. Variance No. 08-007 represents a request to allow 340 parking spaces in lieu of the minimum required 380 parking spaces (40 space reduction) in conjunction with the additions to the shopping center. The request also includes an exterior facade remodel and site improvements of the parking lot for the shopping center. The zoning ordinance requires that any site developed prior to June 7, 1983, at the time of exterior remodel; provide a minimum 6 percent of the net site in landscaping with a minimum 6 ft. wide landscaped planter along any street side property line. In addition, the applicant is proposing new vehicular access through the median separating Beach Boulevard and the parallel frontage road. The new access point will provide direct access to the site from Beach Boulevard via the frontage road. The project site is a 6.74 acre developed commercial property, located on the southeast corner of Beach Boulevard and Atlanta Avenue, in the CG(Commercial General) Zone. The site has six buildings totaling 85,107 sq. ft. of floor area with 274 parking spaces. The surrounding neighborhood is developed with residential uses. The applicant's project narrative is provided as Attachment No. 3. Zoning Administrator Action: The Zoning Administrator held a public hearing of this application on December 10, 2008. The applicant spoke in support of the project, but contested the code requirements and conditions of approval regarding the following items: ® requirement to provide a plaza/courtyard, walkways, and paths of travel ® compliance with Fire requirements to provide access roads ® prohibition of the use of the frontage for a new access from Beach Boulevard • prohibition of any encroachments or improvements to the frontage road ® removal and replacement of all damaged curb, gutter, and sidewalk ® replacement of water meters ® relocation of the backflow prevention devices ® requirement to upgrade the existing 8-in water line with a 12-in water line PC Staff Report—03/10/09 3 (09sr18 CUP 08-010 &VAR 08-007 Beach Promer dtl) Representatives from the departments of Public Works, Fire, and Economic Development were present to discuss the code requirements and conditions of approval. The Zoning Administrator indicated that it is not within his purview to waive the code requirements but the applicant has the option to appeal the code requirements to the Planning Commission. Three adjacent residents expressed concerns regarding the purpose of the frontage road, condition of the frontage road being used as a racetrack, parking issues at the site during the summer. After considering the applicant's reasons for requesting the new access from Beach Boulevard, the Zoning Administrator modified Condition of Approval No. 3 that enable the applicant to submit further information in order to create a design for the new access that would be acceptable to the Department of Public Works. The Zoning Administrator approved Conditional Use Permit No. 08-013 and Variance No. 08-007 with modified findings and conditions of approval. Appeal•' The applicant is appealing the Zoning Administrator's approval of the application on the basis of objections to six conditions of approval and six code requirements imposed on the project. The rationale of these objections is summarized below (Attachment No. 7): ® Condition No. 1(a)(i-iv)—the requirement of the Design Review Board to include a plaza/courtyard, north to south pedestrian walkways, paths of travel from parking areas to building entrances, and a public art element. The applicant indicates that incorporation of these elements into the final design would result in the loss of parking spaces and of landscaped areas depicted on the conceptually approved site plan. The applicant would like to have flexibility in the final number of parking spaces or landscaped areas required subject to Planning Director approval. ® Condition No. 1(b)—the compliance of all Fire Department requirements by providing a hammerhead turn-around or cutting through existing shop building number 2. The applicant contends that compliance with the Fire Department requirements for a hammerhead turn-around behind shop building number 2 is not possible without demolition of all or a portion of this building. The owner of the shop building number 2 and the applicant are opposed to any demolition of this building. ■ Condition No. 2(c)(1)—the removal and replacement of all damaged curb, gutter, and sidewalk along the Atlanta Avenue and Beach Boulevard frontages. The applicant asserts there are inherent conflicts between prohibiting encroachments into the frontage road and requiring the removal and replacement all damaged curb, gutter, and sidewalk along the Atlanta Avenue and Beach Boulevard frontages. The applicant states that he is required to make improvements that the City has failed to maintain. Condition No. 2(c)(2)—the placement of all new and existing water meters in the public right-of- way and the location of backflow protection devices adjacent to the water meters and outside of front yard setback and screened from view. The applicant contends that this condition should apply to the new water meters of the two buildings which are proposed to be expanded(21022—Bank of America building and 21132—Rite Aid building) instead to all existing water meters. The applicant is requesting that backflow PC Staff Report—03/10/09 4 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) prevention devices be allowed to be located within the front yard setback because they cannot be constructed adjacent to the water meters unless they are placed in the public sidewalk. ■ Condition No. 3—the allowance of the proposed curb cut and access opening to the development between Beach Boulevard and the frontage road based on the submittal of an acceptable design for review and approval by the Public Works Department. The applicant contends that the requested new access and circulation improvements is consistent with good planning and design, which is critical to the viability of the center and attracting and retaining high quality tenants. ® Condition No. 4—the exclusion of encroachments into the frontage road except for those identified in Conditions 2(c)(1), 2(c)(2), and 3. The applicant contends that the proposed access to Beach Boulevard would not have a negative impact on traffic movements based on the Access and Parking Analysis prepared by LSA Associates, Inc. The applicant believes that providing direct ingress and egress to and from the center for northbound traffic on Beach Boulevard would help revitalize the center and reduce the amount of traffic making unsafe left turns across Atlanta Avenue to get to Beach Boulevard. ® Requirement No. 1(b)—the requirement of the installation of separate domestic water services and meters to 21022 and 21132 Beach Boulevard. The applicant states that separate domestic water services already exist for the 21022 and 21132 Beach Boulevard. 13 Requirement No. 1(d)—the requirement of the installation separate backflow protection devices on all existing and new domestic and irrigation water services to buildings owned by the developer. The applicant contends that only two buildings are proposed to be expanded and the requirement to install new backflow prevention devices on all new and existing services seems excessive. ® Requirement No. 1(e)—the abandoning of the existing water service and meter serving 21022 and 21132 Beach Boulevard. The applicant states that separate domestic water services already exist for the 21022 and 21132 Beach Boulevard. He would like to use the existing services and meters and not have to abandon them. ■ Requirement No. 1(g)—the upgrade/improvement of the City's water system to meet the water demands to the site and/or otherwise mitigate the impacts of the property at no cost to the City, including the design and construction of approximately 1,100 lineal feet of 12-in water pipeline and appurtenances. The applicant says that the requirement to construct 1,100 lineal feet of 12-in water line is a major expense for such a small expansion to the center and requests the deferral of this requirement when the center is redeveloped. ® Requirement No. 2(a)—the construction of an ADA compliant curb access ramp at the southeast corner of Atlanta Avenue and the frontage road. PC Staff Report—03/10/09 5 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) ® Requirement No. 2(d)—the removal of the existing southerly driveway approach on the Beach Boulevard frontage road. The applicant requests relief from the requirement to install a new handicap ramp at the corner of Atlanta Avenue and the frontage road and the requirement to remove the existing driveway approach at the south end of the center which may be needed for truck access. Study Session Summary: The following are issues that were raised during the Planning Commission Study Session meeting on Tuesday, February 24, 2009: ® Parking Variance The existing shopping center was constructed in different phases in the 1970s. Below is a summary of the building size and parking requirements. When the last building (21142-21190 Beach—Shops 3) in the shopping center was approved by the Board of Zoning Adjustments in 1972, the approved site plan indicated the required 350 parking spaces. Using the last approval as a baseline for the parking requirement, the proposed building addition of 5,870 sq. ft. is required to provide 30 additional parking spaces for a total of 380 spaces for the entire site. However, only 344 parking spaces are proposed for the site, creating a parking deficiency. Even though the site is only deficient in 36 parking spaces, the applicant is applying for a parking variance for a reduction of 40 parking spaces (11 percent reduction) in the event that the final design of the Design Board's recommended public plaza/walkways might result in the loss of 4 additional parking spaces. Existing Building _ Proposed=Building Building;Locaton Add_ition.(sq .ft.)` Sizes .=ft. Size,s ..ft. Total Building Size 85,107 5,870 90,977 Parking Required 350 30 380 Parking Provided 274 70 344 Frontage Road The Planning Commission requested the City to analyze the use of the frontage road as well as the median separating Beach Boulevard and the frontage road. The frontage road, owned by the City, is a public asset that has a value. The transference of ownership of the frontage road, if the City decides to do so, would be through a sale of the property. Properties are required to comply with all development standards based on the type of development, including the provision of onsite parking spaces. Allowing the use of the frontage road for parking or other purposes that benefit the adjacent properties would be inconsistent with the requirements of the HBZSO. As for the median separating Beach Boulevard and the frontage road, the median is zoned CG (Commercial General) and is allowed to develop in accordance to the land uses and development standards specified in the HBZSO. PC Staff Report—03/10/09 6 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) Public Comments The Planning Commission received comments from the applicant and other members of the public who spoke in support of the project, citing that the fagade remodel would improve the surrounding area. The following issues were also brought up: — ensuring that the type of improvement that is appropriate for the area — concern with the potential development of a hotel in this area — the use of the frontage road to access the site from Beach Boulevard — public notification of the Planning Commission meetings — the potential of a smaller building for Rite-Aid and its ability to serve the surrounding area ISSUES: Subiect Property And Surrounding Land Use, Zoning And General Plan Designations: LOCATION '..,. GENERAL CLAN y ZONING 1(,AND 1<7SE Subject Property: CG-F1 (Commercial CG(Commercial General) Shopping Center General-0.35 Max.Floor Area Ratio) North(across Atlanta RM-15 (Residential Medium RM(Residential Medium Multi-Family Residential Avenue),South,and West Density-15 Dwelling Units Density) Uses (across Beach Boulevard) per Acre) of Subject Property: East of Subject Property: RMH-25 (Residential Medium RMH(Residential Medium High Multi-Family Residential (across the flood channel) High Density-25 Dwelling Density) Uses Units per Acre) General Plan Conformance: The General Plan Land Use Map designation on the subject property is Commercial General. The proposed project is consistent with this designation and the goals and policies of the City's General Plan Land Use and Economic Development Elements as follows: LU 7.1.1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. LU 10.1.1 Accommodate the development of neighborhood, community, regional, office and visitor- serving commercial uses in areas designated on the Land Use Plan in accordance with Policy 7.1.1. LU10.1.4 Require that commercial buildings and sites be designed and developed to achieve a high level of architectural and site layout quality. ED 2.4.1 Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. PC Staff Report—03/10/09 7 (09sr18 CUP 08-010 &VAR 08-007 Beach PromeiA de) The proposed project consists of two additions and a comprehensive facade remodel to an existing neighborhood commercial/retail shopping center in an area designated for commercial uses on the Land Use Plan. The addition/faced remodel will facilitate the expansion and introduction of businesses such as a grocery store and drug store intended to serve the surrounding residential neighborhood. The project design features quality architecture and exterior finish materials (plaster and decorative metal elements), a variety of roof lines and fagade treatments, and a functional site layout with efficient access from parking areas to building entrances. The project will improve the existing building facades and modernize the shopping center. Zoning Compliance: The project, as proposed, complies with applicable provisions of the CG (Commercial General) zoning designation, including building height, building setbacks, floor area ratio, and landscaping. With the building addition of 5,870 sq. ft., the parking requirement for the shopping center is 380 parking spaces. However, the site is proposed to provide 340 parking spaces. To address the parking deficiency, the applicant is requesting a parking variance to allow a 40-parking space reduction (340 parking spaces in lieu of the minimum required 380 parking spaces) for the 5,870 sq. ft. addition to the shopping center. In addition, a list of City Code Requirements, Policies, and Standard Plans of the Huntington Beach Zoning & Subdivision Ordinance and Municipal Code has been provided to the applicant (Attachment No. 6) for informational purposes only. Urban Design Guidelines Conformance: The Huntington Beach Urban Design Guidelines contains guidelines specific to General Commercial uses. The project generally conforms or is conditioned to comply with the objectives and standards for commercial projects contained in the Guidelines, including the following: ® Clearly defined pedestrian paths should be provided from parking areas to primary build entrances and sidewalks along the site's perimeter. ® Entry areas to commercial development should be enhanced by ornamental landscaping, decorative paving, raised medians, gateway structures, and monument signage. ® Commercial developments should incorporate plazas and courtyards into their design. ® The building should employ variations in form and building detail in order to create visual interest. In all cases the selected architectural style should be employed on all building elevations, especially with all vertical and horizontal building projections. ® Buildings should be divided in distinct massing elements. Building facades should be articulated with architectural elements and details. Vertical and horizontal offsets should be provided to minimize building bulk. Environmental Status: The proposed project is Categorically Exempt pursuant to Section 15301, Class 1, of the California Environmental Quality Act, which exempts projects consisting of an addition of less than 10,000 sq. ft. of floor area to existing structures on a site where public services and facilities are available and the surrounding area is not environmentally sensitive. PC Staff Report—03/10/09 8 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) Coastal Status: Not applicable. Redevelopment Status: The project is located in the Huntington Beach Merged Redevelopment Project Area Subarea 5, formerly known as the Main-Pier Redevelopment Project Area. The Economic Development reviewed the proposal and had comments on the facade improvements and the potential use of the frontage road (Attachment No. 9). Design Review Board: The proposed project was reviewed by the Design Review Board (DRB) on August 14, 2008. The DRB reviewed the colors, materials, design, and plans for the Beach Promenade building addition, fagade remodel, and parking lot improvements. The Board expressed concerns regarding the lack of creating a pedestrian friendly environment with the proposed site layout. After some discussion, the Board recommended conceptual approval of the project with the following suggested conditions of approval: 1. Provide a plazas/courtyard to create a pedestrian friendly environment onsite. 2. Provide the following walkways onsite to accommodate pedestrian traffic: 1) a walkway along the front of the buildings from Atlanta Avenue to the southerly property line and 2) a walkway along the main vehicular entrance to the site from the frontage road to the buildings. 3. Provide textured pedestrian walkways across vehicular driveways to define the pedestrian paths from parking areas to primary building entrances. 4. Incorporate public art into the project. The art work shall be installed within two-years of project approval. 5. Provide additional color variation and architectural elements such as wainscoting to enhance the market and Big Lots building elevations. The conditions of approval are included in the suggested conditions of approval as Condition of Approval 1(a)(i-iv). These conditions were appealed by the applicant. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The Departments of Building & Safety, Fire, Economic Development, Planning, Police, and Pubic Works have reviewed the application and identified applicable code requirements (Attachment No. 6). The code requirements from the Fire and Public Works Departments have been revised (Attachment No. 8) and part of the appeal and analysis. These code requirements are included for informational purposes only. Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on February 26, 2009, and notices were sent to property owners of record and tenants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Planning Department's Notification Matrix), tenants at the commercial center, applicant, and interested parties. Eleven letters supporting the project have been received (Attachment No. 10). PC Staff Report—03/10/09 9 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): October 23, 2008 December 23, 2008 Conditional Use Permit No. 08-013 was filed on March 21, 2008 and deemed complete July 15, 2008. Variance No. 08-007 was filed on September 23, 2008 and deemed complete October 23, 2008. The request was approved by the Zoning Administrator at a public hearing on December 10, 2008, in compliance with the mandatory processing timeline. An appeal was filed by the applicant on December 19, 2008 (Attachment No. 7). The application is scheduled for March 10, 2009. ANALYSIS: The primary issues for the Planning Commission to consider are those items identified in the applicant's appeal letter. Because of the appeal, this is a new hearing on the entire project where all issues related to the project are reviewed. As a result, the Planning Commission would also consider the entire project's conformity with the Huntington Beach Zoning and Subdivision Ordinance requirements, any proposed variance, conformity with the Design Guidelines, and consistency with the goals, objectives, and policies of the General Plan. Addition/Facade Remodel The applicant is requesting the construction of two additions totaling approximately 5,870 sq. ft. to an existing 85,107 sq. ft. commercial/retail shopping center, a comprehensive exterior fagade remodel and site improvements of the parking lot for the shopping center. Staff supports the request because the proposed project consists of additions to an existing neighborhood commercial/retail shopping center in an area designated for commercial uses on the Land Use Plan. The addition/fagade remodel will facilitate the expansion and introduction of new businesses such as a grocery store and drug store intended to serve the surrounding residential neighborhood. The project design features quality architecture and exterior finish materials (plaster and decorative metal elements) that complement surrounding residential neighborhood, a variety of roof lines and fagade treatments, and a functional site layout with efficient access from parking areas to building entrances. The proposed project will improve and enhance the existing building fagades and modernize and revitalize the shopping center. Parking Variance The applicant is requesting the allowance of 340 parking spaces in lieu of the minimum required 380 parking spaces (40 space reduction) in conjunction with the additions to the shopping center. Staff supports the parking reduction request because it does not constitute a grant of special privilege because the City has approved comparable reductions in the parking requirement for other similarly sized shopping centers in the same zoning classification. The project site is restricted by a frontage road adjacent to the site that rendered the site narrow and long as compared to other shopping centers with similar mix of tenants. This frontage road represents a constraint to development of the site, absent which additional parking spaces may be provided on site to meet the code required minimum. The requested variance is necessary to enjoy the substantial property right of improving and expanding the existing PC Staff Report—03/10/09 10 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) center to create a commercially viable shopping center with neighborhood uses such as a market, a drug store, restaurants, and personal services. In addition, the applicant submitted the Access and Parking Analysis, prepared by LSA Associates, Inc. (August 2008) to substantiate the reduction in the parking requirement. The analysis found the reduction in parking is not anticipated to generate overflow parking within the adjacent residential neighborhoods. Accordingly, the requested reduction in parking will not have a detrimental impact on surrounding property owners. Appeal—Conditions of Approval/Code Requirements The conditions of approval and code requirements in the appeal letter were re-evaluated by staff in the departments of Public Works, Fire, Planning, and Economic Development. On February 4, 2009, a meeting between these departments and the applicant resulted in revisions of some conditions of approval and code requirements. Below is a discussion of the modifications to conditions of approval and code requirements. Condition ofApproval No. I(a) i-iv): The Zoning Administrator (ZA) approved condition of approval as recommended by the Design Review Board is as follows: Condition of Approval No. l(a)(i-iv) reads: a. Plans shall be revised to be consistent with the approval by the Design Review Board on August 18, 2008 including the following modifications: (DRB) i. Provide a plaza/courtyard to create a pedestrian friendly environment onsite. ii. Provide the following walkways onsite to accommodate pedestrian traffic: 1) a walkway along the front of the buildings from Atlanta Avenue to the southerly property line and 2) a walkway along the main vehicular entrance to the site from the frontage road to the buildings. iii. Provide textured pedestrian walkways across vehicular driveways to define the pedestrian paths from parking areas to primary building entrances. iv. Incorporate public art into the project. A public art element, approved by the Design Review Board, Director of Planning, and Director of Huntington Beach Art Center, shall be designated on the plans. Public Art shall be innovative, original, and of artistic excellence; appropriate to the design of the project; and reflective of the community's cultural identity (ecology, history, or society. The art work shall be installed within two years of project approval. This condition of approval relates to the requirement of the Design Review Board to include a plaza/courtyard, north to south pedestrian walkways, paths of travel from parking areas to building entrances, and a public art element. The applicant indicates that incorporation of these elements into the final design would result in the loss of parking spaces and landscaped areas depicted on the conceptual approved site plan. The applicant would like to have flexibility in the final number of parking spaces or PC Staff Report—03/10/09 11 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) landscaped areas required subject to the Planning Director approval in lieu of going back to the original review body. Staff contends that any further deviations or reductions (greater than the 4 spaces noted) to the approved parking or landscape requirements can only be reviewed and granted with a Variance by the appropriate review body (i.e. Zoning Administrator or Planning Commission) rather than by the Planning Director (administratively). In this way, the Variance would go through the HBZSO review process which includes a public hearing and public notification. Staff proposes no changes to Condition of Approval No. 1(a)(i-iv). The applicant is not in concurrence with staff recommendation and requests to have the Planning Director approve any changes to the approved parking spaces or landscaped areas. Condition ofApproval No. I(b): The Zoning Administrator approved condition of approval as recommended by the Fire Department is as follows: Condition of Approval No. 1(b) reads: The site plan shall be revised to comply with all Fire Department requirements. Specifically, fire access roads shall comply with City Specification #401 either by providing a hammerhead turn-around or cutting through existing shop building number 2. (FD) This condition of approval pertains to the compliance with City Specification 401, Minimum Standards for Fire Apparatus Access by providing a hammerhead turn-around or cutting through existing shop building number 2. The applicant contends that compliance with Fire Department requirements is not possible without demolition of all or a portion of this building. The owner of the shop building number 2 and the applicant are opposed to any demolition of this building. The applicant's appeal prompted the Fire Department to re-evaluate the proposed project. After further review, the Fire Department has identified a greater concern for the lack of adequate water supply for fire suppression in the south portion of the proposed project. According to the Fire Department, the current fire hydrant configuration does not provide adequate fire protection due to the distance from the closest hydrant located on the frontage road. As a result of the lack of access to a water supply to the rear of the project, a fire hydrant would need to be installed adjacent to the southeast corner of the building number 3. This hydrant would bring the Fire Department's main component of fire suppression, namely water, and eliminate the long hose lays that would be required to bring water to the rear of the structure. Staff recommends revision to Condition of Approval No. 1(b) to require a fire hydrant in lieu of a turn-around. The applicant is in agreement with the revised condition of approval. Revised Condition of Approval No. 1(b) reads: A private fire hydrant shall be located adjacent to the southeast corner of building number 3. The applicant shall contact the Fire Department for additional information on hydrant location and specifications. (FD) PC Staff Report—03/10/09 12 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) Condition ofApproval No. 26j(a The Zoning Administrator approved condition of approval as recommended by the Public Works Department is as follows: Condition of Approval No. 2(c)(1) reads: Damaged curb, gutter and sidewalk along the Atlanta Avenue and Beach Boulevard (frontage road) frontages shall be removed and replaced per Public Works Standard Plan Nos. 202 and 207. (PW) This condition of approval relates to the removal and replacement of all damaged curb, gutter, and sidewalk along the Atlanta Avenue and Beach Boulevard frontages. The applicant asserts there are inherent conflicts between prohibiting encroachments into the frontage road and requiring the removal and replacement all damaged curb, gutter, and sidewalk along the Atlanta Avenue and Beach Boulevard frontages. Due to the proposed project scope, upgrades to existing public improvements are reasonably expected to achieve ADA compliant sidewalks and to repair any noncompliant curbs and gutters that may potentially create a drainage problem. After further clarification of this condition, the applicant is in agreement with this condition and no changes are necessary. Condition ofApproval No. 2(c)(2): The Zoning Administrator approved condition of approval as recommended by the Public Works Department is as follows: Condition of Approval No. 2(c)(2) reads: All new water meters shall be constructed in the public R-O-W adjacent to the frontage road. All existing water meters currently located at the building shall be relocated to the public R-O-W adjacent to the frontage road. ("Master metering"of individual meters of multiple businesses in the same building shall be allowed.) Backflow protection devices on new and relocated meters shall be constructed immediately adjacent to the meter. All backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (PW) The condition of approval pertains to the placement of all new and existing water meters in the public right-of-way and the location of backflow protection devices adjacent to the water meters and outside of front yard setback and screened from view. The applicant contends that this condition should apply to the new water meters of the two buildings which are proposed to be expanded (21022—Bank of America building and 21132—Rite Aid building) instead to all existing water meters. The applicant is requesting that backflow prevention devices be allowed to be located within the front yard setback because they cannot be constructed adjacent to the water meters unless they are placed in the public sidewalk. According to the Public Works Department, the condition of approval relating to the location of backflow protection devices originated from HBZSO Section 230.76, Resolution 5921, Title 17 State Regulation, PC Staff Report—03/10/09 13 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) and HBMC 14.52, which should have been a code requirement. The condition of approval relating to the relocation of existing water meters is no longer required for the proposed project. However, under a separate action in the future, consistent with Resolution 5921, Title 17 State Regulation, and HBMC 14.52, the Public Works Department will require the property owners to install new backflow devices and appropriate screening, relocate all existing meters to the public right-of-way, and remove or abandon any unused water services per Water Division Standards. Consequently, this condition is revised to include only the allowance of master metering. The applicant is in agreement with the revised condition of approval. Revised Condition of Approval No. 2(c)(2) reads: Master metering of individual meters of multiple businesses in the same building shall be allowed. (PW) Condition ofApproval No. 3: The Zoning Administrator approved condition of approval as recommended by the Public Works Department is as follows: Condition of Approval No. 3 reads: The proposed curb cut and access opening to the development between Beach Boulevard and the frontage road shall only be allowed if the applicant submits an acceptable design for the review and approval by the Public Works Department. All costs associated with the curb cut and access opening shall be the responsibility of the applicant. (PW) The condition of approval relates to the allowance of the proposed curb cut and access opening to the development between Beach Boulevard and the frontage road based on the submittal of an acceptable design for review and approval by the Public Works Department. The applicant contends that the requested new access and circulation improvements is consistent with good planning and design, which is critical to the viability of the center and attracting and retaining high quality tenants. On February 4, 2009, the applicant submitted an addendum to the Access and Parking Analysis prepared by LSA Associates, Inc. and a revised design of the proposed curb cut and access opening between Beach Boulevard and the frontage road. The Public Works Transportation Division staff reviewed the revised design and determined that the proposed design would not adequately control ingress and egress to and from Beach Boulevard. In addition, the traffic study did not demonstrate the need for the opening based on traffic safety, traffic flow, or traffic volumes generated by the building additions. The submitted site plan proposes a three-way stop control at the Beach Boulevard opening connection with the frontage road to the project site driveway. The proposed design would give the inbound (eastbound) movement the vehicular right-of-way, a non-typical traffic control arrangement for an intersection with four approaches. Since the inbound movement from Beach Boulevard is uncontrolled, this creates numerous patterns of vehicular conflict areas and driver confusion at the frontage road and Beach Boulevard opening intersection. This results in low vehicle capacity and high accident potential. Installing an all-way stop to improve traffic operations at this location would affect traffic safety on Beach PC Staff Report—03/10/09 14 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) Boulevard. The length of the opening between Beach Boulevard and the frontage road, including the proposed curb extensions, would not provide adequate vehicle storage to prevent queuing on Beach Boulevard for multiple entering vehicles. Based on the above analysis by the Public Works Transportation Division, staff recommends no changes to Condition of Approval No. 3. The applicant is not in concurrence with Public Works Department staff determination. Condition of Approval 4: The Zoning Administrator approved condition of approval as recommended by the Economic Development Department is as follows: Condition of Approval No. 4 reads: Except as identified in Conditions of Approval Nos. 2.c.1, 2.c.2, and 3, no encroachment into the frontage road shall be allowed. Encroachments include the driveway at the southwest corner of the property, curb, gutter, pavement, landscaping, lighting, or signage. (ED) The condition of approval pertains to the exclusion of encroachments into the frontage road except for those identified in Conditions No. 2(c)(1), 2(c)(2), and 3. The applicant contends that the proposed access to Beach Boulevard would not have a negative impact on traffic movements based on the Access and Parking Analysis prepared by LSA Associates, Inc. The applicant believes that providing direct ingress and egress to and from the center for northbound traffic on Beach Boulevard would help revitalize the center and reduce the amount of traffic making unsafe left turns across Atlanta Avenue to get to Beach Boulevard. The project is located in the Huntington Beach Merged Redevelopment Project Area Subarea 5, formerly known as the Main-Pier Redevelopment Project Area. The Project Area was initially adopted and amended in 1983 for the purpose of eliminating and preventing the spread of conditions of blight, and expanding the commercial base of the project area by recycling and developing underutilized parcels to accommodate higher and better economic uses while enhancing the City's financial resources. While the City supports redevelopment occurring at the site, the proposed project is primarily a fagade refurbishment and does not meet the Merged Project Area Plan Goals. Therefore, allowing encroachment onto the frontage road, a city-owned asset, to support parking lot and general facade improvements is inconsistent with prior City or Redevelopment Agency actions and would not be permitted for any other project. It should be noted that the City is currently in negotiations with the owner to potentially buy the street and incorporate this area into its general project. Any use of the road should be negotiated through this process and be based on a certified appraisal to establish fair market value. In addition, the City is currently completing the final draft review of the Beach and Edinger Corridor Study, of which the Beach Promenade Center is identified as a neighborhood center. The planning approach taken to neighborhood centers is to encourage eventual transition of properties to greater land uses and mixture of complementary uses. The proposed refurbishment is not a transition of the property and is therefore also inconsistent with the proposed Specific Plan for the Beach Boulevard corridor. For these reasons, staff recommends that encroachment onto the frontage road not be permitted for this project other than for curb, gutter, and sidewalk improvements as required of the applicant by the Public PC Staff Report—03/10/09 15 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) Works Department (Condition of Approval No. 2(c)(1)) or the proposed curb cut and access opening to the development between Beach Boulevard and the frontage road if a design is approved by the Public Works Department (Condition of Approval No. 3). Since Condition of Approval No. 2(c)(2) is recommended to be revised, it would no longer be applicable. Staff recommends revision to Condition of Approval No. 4 to delete the reference to Condition of Approval No. 2(c)(2). The applicant is not in concurrence with staff recommendation and would like to request the allowance of the driveway at the southwest corner of the property. Revised Condition of Approval No. 4 reads: Except as identified in Conditions of Approval Nos., 2.c.1 and 3, no encroachment into the frontage road shall be allowed. Encroachments include the driveway at the southwest corner of the property, curb, gutter, pavement, landscaping, lighting, or signage. (ED) Code Requirement No. I(b): The original code requirement from the Public Works Department is as follows: Code Requirement No. 1(b) reads: Separate domestic water services and meters to 21022 and 21132 Beach Boulevard shall be installed per Water Standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The domestic water services shall be a minimum of 2-inches in size. (ZSO 230.84) The code requirement relates to the installation of separate domestic water services and meters to 21022 and 21132 Beach Boulevard. The applicant states that separate domestic water services already exist for the 21022 and 21132 Beach Boulevard. After discussions with the Public Works Department, it was determined that the existing water meter for 21022 Beach Boulevard complies with Water Division Standards. However, the existing water meter location for 21132 Beach Boulevard does not comply with Water Division Standards and therefore a new water meter is required. Staff recommends revision to Code Requirement No. 1(b) to include only the requirement for a new water meter at 21132 Beach Boulevard. The applicant is in agreement with the revised code requirement. Revised Code Requirement No. 1(b) reads: The existing domestic water meter to 21132 Beach Boulevard shall be abandoned and removed per Water Division Standards. A new domestic water meter shall be installed per Water Division Standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). (MC 14.16.070) PC Staff Report—03/10/09 16 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) Code Requirement I(d): The original code requirement from the Public Works Department is as follows: Code Requirement No. 1(d) reads: Separate backflow protection devices shall be installed per Water Division Standards on all existing and new domestic and irrigation water services to buildings owned by the developer. (Resolution 5921 and Title 17) The code requirement pertains to the installation separate backflow protection devices on all existing and new domestic and irrigation water services to buildings owned by the developer. The applicant contends that only two buildings are proposed to be expanded and the requirement to install new backflow prevention devices on all new and existing services seems excessive. The original requirement was based on an earlier Fire Department fire flow demand of 4,000 gallons-per- minute, which required replacement of about 1,100 feet of 8-inch pipeline with a new 12-inch pipeline. Consequently, new connections, meters and backflow devices would be required for all existing and new services. However, since Fire Department's reassessment of fire flow demand has been reduced to 3,250 gallons-per-minute, which then eliminated the requirement to replace the existing 8-inch pipeline, the requirement was revised to apply to only all new water services to buildings owned by the developer. Because of the change in the Fire Department requirement, staff recommends revision of Code Requirement No. 1(d) to include only the installation of backflow protection devices on all new water services for buildings owned by the developer. The location of the backflow protection devices would need to comply with the screening and location requirements. According to the Public Works Department, California Code of Regulations (Title 17), Cross-Connection Control Program (Resolution 5921), Water Efficient Landscape Requirements (HBMC 14.52), the backflow protection devices are required to be located adjacent to the water meters (curb line of the street) and screened from view from the public right-of-way. According to the HBZSO Section 230.76, the backflow protection devices are required to be screened from view from the public right-of- way and located outside of the front yard setback. The applicant is in agreement with the requirement for installation of backflow protection devices on all new water meters and screening from view from the public right-of-way. However, the applicant is not in concurrence with the requirement that backflow protection be located outside of the front yard setback and requests to have them be allowed to within the front yard setback. In order to deviate from the backflow protection devices location requirement, the applicant would need to apply for a Variance. Revised Code Requirement No. 1(d) reads: Separate backflow protection devices shall be installed per Water Division Standards, on all new water services to buildings owned by the developer, and screening through landscape shall be in accordance to City's Water Efficient Landscape Requirements (Resolution 5921, Title 17 State Regulation, and HBMC 14.52). According to HBZSO Section 230.76, all new backflow protection devices shall be screened from view from the public right-of-way and shall be prohibited in PC Staff Report—03/10/09 17 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) the front yard setback. Based on the Planning Department, the front yard setback along the frontage road is 10 feet. Code Requirement I(e): The original code requirement from the Public Works Department is as follows: Code Requirement No. 1(e) reads: The existing water service and meter serving 21022 and 21132 Beach Blvd shall be abandoned per Water Standards. The code requirement relates to the abandoning of the existing water service and meter serving 21022 and 21132 Beach Boulevard. The applicant states that separate domestic water services already exist for the 21022 and 21132 Beach Boulevard. He would like to use the existing services and meters and not have to abandon them. The applicant's appeal prompted the Public Works Department to evaluate the code requirement for abandoning the existing water service and meters. After reassessing the meters, it was determined that the existing meter to 21022 Beach Blvd complies with current meter location standards and does not require relocation. However, the existing water meter serving 21132 Beach Boulevard is not in compliance with current standards, therefore will no longer be utilized and need to be abandoned per Water Division Standards. Staff recommends revision to Code Requirement No. 1(e) to reflect this change. The applicant is in agreement with the revised code requirement. Revised Code Requirement No. 1(e) reads: All new meters shall be placed at the curb line of the street, in the public right-of- way, per Water Division Standards. The existing water meter serving 21132 Beach Boulevard will no longer be utilized and therefore shall be removed or abandoned per Water Division Standards. (MC 14.16.070) Code Requirement I(k): The original code requirement from the Public Works Department is as follows: Code Requirement No. 1(g) reads: Based on the Fire Department requirement of 4,000 gallons-per-minute from three fire hydrants, the developer shall be required to upgrade/improve the City's water system to meet the water demands to the site and/or otherwise mitigate the impacts of the property at no cost to the City. (Unless proven otherwise, and approved by the City, these upgrades shall include the design and construction of approximately 1100 lineal feet of 12-in water pipeline and appurtenances, constructed per Water Division standards.) The developer shall meet with the Fire and Public Works Departments to discuss the fire flow and fire hydrant requirements and provide the City with a site plan showing the existing and proposed on-site and off-site water improvements (including pipeline sizes, fire hydrant, meter, and backflow device PC Staff Report—03/10/09 18 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) locations). The developer shall be responsible to pay the City to perform the analysis using the City's hydraulic water model. (ZSO 230.84 and SMA 66428.1(d)) The code requirement pertains to the upgrade/improvement of the City's water system to meet the water demands to the site and/or otherwise mitigate the impacts of the property at no cost to the City, including the design and construction of approximately 1,100 lineal feet of 12-in. water pipeline and appurtenances. The applicant says that the requirement to construct 1,100 lineal feet of 12-in. water line is a major expense for such a small expansion to the center and requests the deferral of this requirement when the center is redeveloped. The original code requirement to upgrade the City's water system resulted from the fire flow requirement of 4,000 gallons-per-minute, which is consistent with typical fire flow requirements for large commercial sites. However, upon further evaluation by the Fire Department, the fire flow requirement was reduced to 3,250 gallons-per-minute along with the requirement for a new private hydrant system on the southeasterly portion of the subject. Based on the re-evaluation by the Fire Department, staff recommends revision to Code Requirement No. I(g) to include a dedicated fire water service with an appropriate backflow protection device for the private on-site fire hydrant. The applicant is in allreement with the revised code requirement. Revised Code Requirement No. I(g) reads: Based on the Fire Department requirement of 3,250 gallons-per-minute from three fire hydrants, and their requirement for the developer to install a new private fire hydrant system at the southeasterly portion of the subject property, a dedicated fire water service with an appropriate backflow protection device for the private on-site fire hydrant shall be constructed per Water Division Standards. (Resolution 5921, Title 17 State Regulation) Code Requirement 2(a): The original code requirement from the Public Works Department is as follows: Code Requirement No. 2(a) reads: An ADA compliant curb access ramp shall be constructed at the southeast corner of Atlanta Avenue and the frontage road. (ZSO 230.84) The code requirement relates to the construction of an ADA compliant curb access ramp at the southeast corner of Atlanta Avenue and the frontage road. The applicant requests relief from the requirement to install a new handicap ramp at the corner of Atlanta Avenue and the frontage road. Due to the proposed project scope, the modifications and improvements to the existing shopping center are substantial enough to generate the nexus for this required frontage improvement. In addition, this will bring the current project frontage into compliance with current ADA standards. Because of these reasons, staff recommends no changes to Code Requirement No. 2(a). The applicant is not in concurrence with the code requirement. PC Staff Report—03/10/09 19 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) Code Requirement 2(d): The original code requirement from the Public Works Department is as follows: Code Requirement No. 2(d) reads: The existing southerly driveway approach on the Beach Boulevard frontage road shall be removed. (ZSO 230.84) The code requirement pertains to the frontage road and the removal of the existing southerly driveway approach on the Beach Boulevard frontage road. The applicant requests relief from the requirement to remove the existing driveway approach at the south end of the center which may be needed for truck access. In reviewing the site plan, the Public Works Department determined that the current site functions adequately without this driveway approach since access to the frontage road from this approach is not currently possible due to an existing asphalt curb in place along the easterly side of the frontage road near this location. Since the current site does not use or need access from this driveway approach, it is required to be removed and replaced with the proper curb, gutter, and sidewalk improvements. Removing this approach will also create a more ADA compliant path of travel along the public right-of-way at this location since the current driveway approach does not allow an adequate ADA path of travel. Because of these reasons, staff recommends revision to Code Requirement No. 2(d). The applicant is not in concurrence with the revised code requirement. Revised Code Requirement No. 2(d) reads: The existing southerly driveway approach on the Beach Boulevard frontage road shall be removed and replaced with curb, gutter and sidewalk per City Stand Plan Nos. 202 and 207. (ZSO 230.84) Summary Staff is recommending approval of the proposed project based on the suggested findings and subject to the revised suggested conditions of approval and code requirements. The project furthers the General Plan goals and polices which encourages the modernization and expansion of uses that support the needs of Hunting Beach residents. The proposed project will be compatible with the surrounding land uses. Finally, the proposed project complies with all applicable zoning regulations in terms of minimum building setbacks, minimum landscaping, maximum floor area ratio, and maximum building height, except for the parking variance approved concurrently. The conditions of approval and code requirements in the appeal letter were re-evaluated by staff. As a result, some of the conditions of approval and code requirements were modified as discussed above. The applicant is not in concurrence with the following conditions and code requirements: ■ Condition of Approval No. 1(a)(i-iv) - the requirement of the Design Review Board to include a plaza/courtyard, north to south pedestrian walkways, paths of travel from parking areas to building entrances, and a public art element. PC Staff Report—03/10/09 20 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) ■ Condition of Approval No. 3 - the allowance of the proposed curb cut and access opening to the development between Beach Boulevard and the frontage road based on the submittal of an acceptable design for review and approval by the Public Works Department. ■ Condition of Approval No. 4 - the exclusion of encroachments into the frontage road except for those identified in Conditions 2(c)(1), 2(c)(2), and 3. • Code Requirement No. I(d) - the requirement of the installation separate backflow protection devices on all existing and new domestic and irrigation water services to buildings owned by the developer. ■ Code Requirement No. 2(a) - the construction of an ADA compliant curb access ramp at the southeast corner of Atlanta Avenue and the frontage road. ■ Code Requirement No. 2(d) - the removal of the existing southerly driveway approach on the Beach Boulevard frontage road. ATTACHMENTS: 1. Suggested Findings afld Conditions of Approval Conditional Use Pefmit No. 08 013 and Var-ianee No. 08 007 2. Site Plan, Woof plans, and Elevations eeeiye'la-Eki3d 'ldated September 23, 2008 3. Projeet Naffat-ive—received-and dated September--z2008 4. Zoning Administrator Notice of Action—CUP No. 08-013 and VAR No. 08-007, December 11, 2008 5. Draft minutes of the December 10, 2008 Zoning Administrator meeting 6. Code Requirements Letters — CUP No. 08-013 and VAR No. 08-007 (Building & Safety Dept.: October 14, 2008; Economic Development Dept.: November 6, 2008; Fire Dept.: October 1, 2008; Planning Dept.: November 11, 2008; Police Dept.: October 30, 2008; Public Works Dept.: October 30, 2008) , . Appfiean4's Appeal Let4er-r-eeeived and da4ed Deeember 19, 2008 8. Revised Code Requirements Letters— CUP No. 08-013 and VAR No. 08-007 (Fire Dept.: January 27, 2009; Public Works Dept.: February 4, 2009) 9. Economic Development Department's Response to the Applicant's Appeal, January 16, 2009 SH:HF:TN:lw PC Staff Report—03/10/09 21 (09sr18 CUP 08-010 &VAR 08-007 Beach Promenade) OFFICE ®f the ZONING ADMINISTRATOR CITY OF HtJNTINGTON BEACH ® CALIFORNIA -------------------------------------- P.O. BOX 190 CALIFORNIA 92648 (714) 536-5271 NOTICE OF ACTION December 11, 2008 Mike Adams 21190 Beach Boulevard Huntington Beach, CA 92648 SUBJECT: CONDITIONAL USE PERMIT NO. 2008-013; VARIANCE NO. 2008-007 (BEACH PROMENADE COMMERICIAL CENTER) APPLICANT: Mike Adams REQUEST: CUP: To permit the construction of two additions totaling approximately 5,870 sq. ft. to an existing commercial/retail shopping center. VAR: To allow 340 parking spaces in lieu of the minimum required 380 parking spaces (40 space reduction). PROPERTY OWNERS: Bijian Sassounian, 21190 Beach Boulevard, Huntington Beach, CA 92648 James Diebold, PNS Stores, Inc., 300 Phillip Road, Columbus, OH 43228 Sigma Enterprises, Inc., 111 S. Kraemer Boulevard #C, Brea, CA 92821 LOCATION: 21022-21190 Beach Boulevard, 92648 (southeast corner of Beach Boulevard and Atlanta Avenue) PROJECT PLANNER: Tess Nguyen DATE OF ACTION: December 10, 2008 On Wednesday, December 10, 2008, the Huntington Beach Zoning Administrator took action on your application, and your application was conditionally approved. Attached to this letter are the findings and conditions of approval. Please be advised that the Zoning Administrator reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. T t aL -'A . . e a 5 a z,,R§ 3_- Conditional Use Pen ,qo. 2008-013 - Variance No. 2008-007 Page 2 Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Zoning Administrator becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the Secretary of the Planning Commission within ten (10) calendar days of the date of the Zoning Administrator's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand Two Hundred Eighty- Seven Dollars ($1287.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and One Thousand Five Hundred Sixty-Nine Dollars ($1569.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is December 22, 2008, at 5:00 PM. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, unless actual construction has begun. Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020. If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Tess Nguyen, the project planner, at (714) 374-1744 or via email at Tnquyen(a�surfcity-hb.org or the Planning Department Zoning Counter at (714) 536-5271. Sincerely, C— T..,,, _5 Ricky Ramos Zoning Administrator RR:TN:kdc Attachment c: Honorable Mayor and City Council Chair and Planning Commission Fred Wilson, City Administrator Scott Hess, Director of Planning William H. Reardon, Division Chief/Fire Marshal Herb Fauland, Planning Manager Terri Elliott, Principal Civil Engineer Gerald Caraig, Permit-Plan Check Manager Bijian Sassounian, 21190 Beach Boulevard, Huntington Beach, CA 92648 James Diebold, PNS Stores, Inc., 300 Phillip Road, Columbus, OH 43228 Sigma Enterprises, Inc., 111 S. Kraemer Boulevard #C, Brea, CA 92821 Project File Al ACHME T NO, ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2008-013 VARIANCE NO. 2008-007 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the proposed project consists of an addition of less than 10,000 sq. ft. of floor area to existing structures on a site where public services and facilities are available and the surrounding area is not environmentally sensitive. FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO. 2008-013: 1. Conditional Use Permit No. 2008-013 to permit the construction of two additions totaling approximately 5,870 sq. ft. to an existing commercial/retail shopping center will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The subject property is designated for commercial general development under the General Plan. The proposed project is consistent with the permitted uses and development standards within this designation. Residential uses are located approximately 115 feet to the north across Atlanta Avenue, 105 feet to the east across the flood channel, and 75 feet to the south. Since the activity areas on the site, including parking areas and building entrances, are oriented toward Beach Boulevard, the residential properties are sufficiently buffered_ The proposed project will not generate significant noise, odors, traffic above levels already established by existing uses on site. 2. The conditional use permit will be compatible with surrounding uses because the proposed project is a minor expansion and facade remodel of an existing neighborhood shopping center. The proposed building is designed with colors and materials that complement surrounding residential neighborhoods by incorporating enhanced architectural details and materials such as the roofs, plaster exterior finishes, trellises, awnings, and Mediterranean colors. 3. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, except for the parking variance approved concurrently. The project complies with land use limitations, minimum landscaping and building setbacks and maximum floor area ratio, among others. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG-F1 (Commercial General — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: G:\ZONING ADMINISTRAT0R\ZALTRS\08\CUP 2008-013.doc;VAR 2008-007.doc Attachment 1.1 "MEEu. vdN LU 7.1.1: Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. LU 10.1.1: Accommodate the development of neighborhood, community, regional, office and visitor-serving commercial uses in areas designated on the Land Use Plan in accordance with Policy 7.1.1. LU 10.1.4: Require that commercial buildings and sites be designed and developed to achieve a high level of architectural and site layout quality. ED 2.4.1 — Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. The proposed project consists of additions to an existing neighborhood commercial/retail shopping center in an area designated for commercial uses on the Land Use Plan. The addition will facilitate the expansion and introduction of businesses such as a grocery store and drug store intended to serve the surrounding residential neighborhood. The project design features quality architecture and exterior finish materials (plaster and decorative metal elements), a variety of roof lines and fagade treatments, and a functional site layout with efficient access from parking areas to building entrances_ The project will improve the existing building fagades and modernize the shopping center. FINDINGS FOR APPROVAL-VARIANCE NO. 2008-007: 1. The granting of Variance No. 2008-007 to allow 340 parking spaces in lieu of the minimum required 380 parking spaces will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. This represents a 40-space (10.5%) reduction in the required number of parking spaces. In the past, the City has allowed comparable reduction in the parking requirement for other similarly sized shopping centers in the same zoning classification through conditional use permits. 2. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The variance will not constitute a grant of special privilege because the project site presents a special circumstance (an existing frontage road adjacent to the property) which is inconsistent with the limitations on other properties and which is remedied, in part, by the granting of the requested variance. The project site is encumbered by a frontage road adjacent to the site that rendered the site narrow and long as compared to other shopping centers with similar mix of tenants along Beach Boulevard and Edinger Avenue. This frontage road represents a constraint to development of the site, absent which additional parking spaces may be provided on site to meet the code required minimum. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The requested variance is necessary to offset a unique constraint to development represented by an existing frontage road adjacent to the property, absent which the property could accommodate the additional parking spaces needed for code compliance. In addition, the variance is needed to enjoy the substantial property right of improving and expanding the existing center to create a G:%ZONING ADMIN1STRAT0R\ZALTRSMNCUP 2008-013.doc;VAR 2008-007.doc Attachment 1.2 commercially viable shopping center with neighborhood uses such as a market, a drug store, restaurants, and personal services. In doing so, this center is able to compete with other shopping centers in the vicinity. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The proposed addition and remodel allows the existing commercial buildings to be designed and developed to achieve a high level of architectural and site layout quality. The parking area is designed to maximize the use of site while providing for efficient and convenient site access and internal circulation. To substantiate the reduction in the parking requirement, the applicant submitted the Access and Parking Analysis, prepared by LSA Associates, Inc. (August 2008). The total parking demand for the site would be 263 parking spaces based on parking surveys of the site and the parking requirement in the Huntington Beach Zoning and Subdivision Ordinance. The total number of parking proposed to be provided is 340 spaces. Since the parking demand is less than the parking provided onsite, the reduction in parking is not anticipated to generate overflow parking within the adjacent residential neighborhoods. Accordingly, the requested reduction in parking will not have a detrimental impact on surrounding property owners. The variance will accommodate new development in accordance with the General Plan Land Use and Density Schedule. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 2008-013/ VARIANCE 2008-007: 1. The site plan, floor plans, and elevations received and dated September 23, 2008 shall be the conceptually approved design with the following modifications: a. Plans shall be revised to be consistent with the approval by the Design Review Board on August 18, 2008 including the following modifications: (DRB) i. Provide a plaza/courtyard to create a pedestrian friendly environment onsite. ii. Provide the following walkways onsite to accommodate pedestrian traffic: 1) a walkway along the front of the buildings from Atlanta Avenue to the southerly property line and 2) a walkway along the main vehicular entrance to the site from the frontage road to the buildings. iii. Provide textured pedestrian walkways across vehicular driveways to define the pedestrian paths from parking areas to primary building entrances. iv. Incorporate public art into the project. A public art element, approved by the Design Review Board, Director of Planning, and Director of Huntington Beach Art Center, shall be designated on the plans. Public Art shall be innovative, original, and of artistic excellence; appropriate to the design of the project; and reflective of the community's cultural identity (ecology, history, or society. The art work shall be installed within two years of project approval. v. Provide additional color variation and architectural elements such as wainscoting to enhance the market and Big Lots building elevations. G:IZONING ADMINISTRATOR2ALTRS OMUP 200"13.doc;VAR 2008-007.doc Attachment 13 r b. The site plan shall be revised to comply with all Fire Department requirements. Specifically, fire access roads shall comply with City Specification #401 either by providing a hammerhead turn-around or cutting through existing shop building number 2. (FD) c. Landscaping shall be provided in areas between the 10-foot wide enhanced paving walkway and the parking areas in front of shop building number 3. d. The site plan shall identify the intended use of the space between the existing drugstore and shop building number 3 and the space behind shop building number 3. (PW) e. The proposed market expansion area behind the existing shops shall be redesigned as to not create a dead end walkway that is vulnerable to undesirable activities and crime. (PD) f. The proposed stand-alone ATM shall be relocated to a different area on the site that allows more visibility and safety when the stores are closed. (PD) g. The loading door facing Beach Boulevard shall have a decorative design compatible with the building elevation to the approval of Planning staff. 2. Prior to issuance of grading permits, the following shall be completed: a. The site plan shall also identify all emergency doors, transformers, bollards, and miscellaneous built out spaces behind Big Lots, shop building numbers 2 and 3, and the existing drugstore. (PW) b. The site plan shall also identify the truck dock for Big Lots. (PW) c. A Precise Grading Plan shall include the following improvements on the plan: 1. Damaged curb, gutter and sidewalk along the Atlanta Avenue and Beach Boulevard (frontage road) frontages shall be removed and replaced per Public Works Standard Plan Nos. 202 and 207. (ZSO 230.84 and ADA) (PW) 2. All new water meters shall be constructed in the public R-O-W adjacent to the frontage road. All existing water meters currently located at the building shall be relocated to the public R-O-W adjacent to the frontage road. ("Master metering" of individual meters of multiple businesses in the same building shall be allowed.) Backflow protection devices on new and relocated meters shall be constructed immediately adjacent to the meter. All backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (PW) d. Developer shall secure or provide evidence of applicable public utility easement documentation for all new and existing public water facilities crossing private property. (PW) G:20NING ADMINISTRATOR\ZALTRS\08\CUP 2008-013.doc;VAR 2008-007.doc Attachment 1.4 3_ The proposed curb cut and access opening to the development between Beach Boulevard and the frontage road shall only be allowed if the applicant submits an acceptable design for the review and approval by the Public Works Department All costs associated with the curb cut and access opening shall be the responsibility of the applicant.(PW) 4. Except as identified in Conditions of Approval 2.c_1, 2.c.2, and 3, no encroachment into the frontage road shall be allowed. Encroachments include the driveway at the southwest comer of the property, curb, gutter, pavement, landscaping, lighting, or signage. (ED) 5_ Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategorylD=V) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/index.cfm?fuseaction=quidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. GAZONING ADMINISTRATOR\ZALTRS\08\CUP 2008-013.doc;VAR 2008-007.doc Attachment 1.5 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 -Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DECEMBER 10, 2008 - 1:30 P.M. ZONING ADMINISTRATOR: Ricky Ramos STAFF MEMBER: Andrew Gonzales, Tess Nguyen, Jill Arabe, Rami Talleh, Kimberly De Coite (recording secretary) MINUTES: September 24, 2008 October 22, 2008 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: ENTITLEMENT PLAN AMENDMENT NO. 2008-009 (SARTOR RESIDENCE- AMENDMENT TO COASTAL DEVELOPMENT PERMIT NO. 2007-009; CONDITIONAL USE PERMIT NO. 2007-0401 APPLICANT: Walter Heim PROPERTY OWNER: Gary and Milly Sartor, 16136 Tortola Circle, Huntington Beach, CA 92649 REQUEST: An entitlement plan amendment to permit the demolition of an existing two-story, attached residential unit and construction of a new 2,547 sq. ft. three-story, attached unit within a Planned Unit Development. The Infill Lot Ordinance encourages adjacent property owners to review proposed development for compatibility/privacy issues, such as window alignments, building pad height, and floor plan layout. LOCATION: 16136 Tortola Circle, 92649 (south of Edinger Avenue, between Trinidad and Bimini Lanes- Huntington Harbour) PROJECT PLANNER: Andrew Gonzales Andrew Gonzales, Associate Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing use of the subject site. Staff presented an overview of the proposed project and the suggested findings and conditions of approval as presented in the executive summary. Mr. Gonzales stated that staff had received no inquiries regarding the project. Mr. Gonzales stated that the Homeowners Association had approved the project. Mr. Ramos reviewed the plans with Mr. Gonzales. THE PUBLIC HEARING WAS OPENED. GAZA\ZAMIN\08\08zm 1210.Doc (08zm 1210) Gary Sartor, property owner, stated that he had no comments or concerns about the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Ramos stated that, based on the information provided, he could approve the request as recommended by staff. ENTITLEMENT PLAN AMENDMENT NO. 2008-009 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. STAFF STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR MAY BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the project is located within an urbanized residential zone and involves the construction of a new single-family dwelling. FINDING FOR APPROVAL— ENTITLEMENT PLAN AMENDMENT NO. 2008-009 (AMENDMENT TO COASTAL DEVELOPMENT PERMIT NO. 2007-009): 1. Entitlement Plan Amendment No. 2008-009 to permit the demolition of an existing two-story, attached residential unit and construction of a new 2,547 sq. ft. three-story, attached unit within a Planned Unit Development, conforms to the General Plan, including the Local Coastal Program Land Use designation of Residential Low-Density. The proposed project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage new development to locate within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposal is a new attached residential unit on a site developed with other attached housing units. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The project complies with all applicable development regulations, including maximum building height, minimum yard setbacks, and minimum on-site parking. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed addition will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer, and roads. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access or impact public views to coastal resources. FINDINGS FOR APPROVAL— ENTITLEMENT PLAN AMENDMENT NO. 2008-009 (AMENDMENT TO CONDITIONAL USE PERMIT NO. 2007-040: G:\ZA\ZAMIN\08\08zm 1210.Doc 2 (08zm1210) u Z 1. Entitlement Plan Amendment No. 2008-009 to permit the demolition of an existing two-story, attached residential unit and construction of a new 2,547 sq. ft. three-story, attached unit within a Planned Unit Development will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed residential unit is compatible with the existing planned unit condominium development. The unit matches the building heights, setbacks, exterior finishes, and colors of the adjoining attached units. The unit complies with the requirements of the Zoning & Subdivision Ordinance and requires no additional on- site parking. The proposed unit will result in a negligible increase from the existing building envelope and overall floor area. The proposed unit is not anticipated to create a detriment as it is consistent with previously approved improvements in the surrounding area. 2. The entitlement plan amendment will be compatible with surrounding uses because the proposed residential unit will not significantly after the design, size, or massing from the existing dwelling. The proposed unit will not increase the overall height above the existing dwelling and is designed to match the materials and colors of the attached dwelling units 3. The proposed Entitlement Plan Amendment No. 2008-009 will also comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including maximum building height, minimum yard setbacks, maximum site coverage and minimum on-site parking. 4. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of RL-7 (Residential Low-Density— maximum 7 units per acre) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 9.2.1: Require that all new residential development within existing neighborhoods be compatible with existing structures, including the: LU 9.2.1 b: Use of building heights, grade elevations, orientation, and bulk that are compatible with surrounding development. LU 9.2.1 c: Maintenance of privacy on abutting residence. The proposed dwelling unit will be constructed to maintain the height of the existing dwelling. The new unit will be constructed largely within the existing volume of the residence and will feature a roof pitch which closely matches the existing roof, thus maintaining compatibility with structures in the complex. Windows in the proposed addition are oriented toward the street and the harbor channel, and consequently will have no detrimental impact to the privacy of abutting residences CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO. 2008-009: 1. The site plan, floor plans, and elevations received and dated October 26, 2007 shall be the conceptually approved design. 2. Incorporating sustainable or"green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green GAZA\ZAMIN\08\08zm1210.Doc 3 (08zm1210) Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategorylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/index.cfm?fuseaction=quidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ITEM 2: CONDITIONAL USE PERMIT NO. 2008-013; VARIANCE NO. 2008-007 (BEACH PROMENADECOMMERICIAL CENTER) APPLICANT: Mike Adams PROPERTY OWNER: Bijian Sassounian, 21190 Beach Boulevard, Huntington Beach, CA 92648 James Diebold, PNS Stores, Inc., 300 Phillip Road, Columbus, OH 43228 Sigma Enterprises, Inc., 111 S. Kraemer Boulevard #C, Brea, CA 92821 REQUEST: CUP: To permit the construction of two additions totaling approximately 5,870 sq. ft. to an existing commercial/retail shopping center. VAR: To allow 340 parking spaces in lieu of the minimum required 380 parking spaces (40 space reduction). LOCATION: 21022-21190 Beach Boulevard, 92648 (southeast corner of Beach Boulevard and Atlanta Avenue) PROJECT PLANNER: Tess Nguyen Tess Nguyen, Associate Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing uses of the subject sites. Staff presented an overview of the proposed project and the suggested findings for approval as presented in the executive summary. Ms. Nguyen stated that staff had received one letter in opposition to the parking variance. Ms. Nguyen also stated that the applicant does not concur with several conditions of approval and applicable code requirements. Mr. Ramos verified with staff that the proposed building additions are only requested for specific portions of the center. He confirmed with staff that the cumulative parking requirements were being met. THE PUBLIC HEARING WAS OPENED. G:\ZA\ZAMIN\08\08zm 1210.Doc 4 (08zm 1210) - , s4 ' . Bill Holman, applicant, thanked staff for their thoroughness. He asked if Mr. Ramos had received his letter, dated December 9, 2008. Mr. Ramos confirmed that he had received the letter and had reviewed it with staff. Mr. Holman stated that the frontage road prevented the applicant from meeting some of the parking and landscape requirements the city normally places on a retail center. He stated that the number of parking spaces at the center would increase from 274 to approximately 334 spaces but would not be sufficient to meet the code requirements. He asked that there be some flexibility in the number of spaces as the final design of the project is not completed and there may be changes to the number of parking spaces. Mr. Holman requested relief from Condition No. 1(b), as the property in question is not owned by Mr. Sassounian. Mr. Holman stated that he would be willing to work with the Fire Department to provide adequate turn around space but that the applicant could not make any physical changes to the building in question. Mr. Holman requested that Condition No. 1(c) be clarified to allow the flexibility to use potted plants in lieu of hard landscaping, which he indicated had been discussed in the meeting with the Design Review Board. He also asked the Condition No. 1(d) be clarified to note that portion of the site between the Rite Aid building and the adjacent building is an open loading dock and not building area. Mr. Holman stated that his greatest concerns were Condition Nos. 2(c), 3 and 4, which would prohibit the requested new access point along Beach Boulevard through the frontage road. He indicated that an access point along Beach Boulevard would be beneficial to northbound traffic as well as traffic exiting the center. He stated that the traffic analysis noted no significant negative or positive impacts on traffic from this proposal which he believes indicates that the additional access point should be allowed. Mr. Holman stated that the Economic Development Department suggested condition of approval prohibiting any encroachments or improvements to the frontage road was in direct conflict with the Public Works Department suggested conditions of approval requiring improvements to the public right-of-way. He asked that this conflict be addressed and resolved. Mr. Holman asked that that Condition Nos. 3 and 4 be removed. Mr. Holman asked for clarification of Condition No. 2(c)(2) regarding the replacement of water meters. He believed that only two meters serving the buildings being modified would need to be replaced and requested that the remaining existing meters stay in their current condition. Mr. Holman stated that Condition No. 2(c)(2) requires backflow devices to be placed outside of the frontyard setback. He stated that this would force them to be placed in the public right-of- way. He indicated that he would like to install the devices in the landscaped frontyard setback. Mr. Holman began discussing a code requirement to replace the eight inch water line with a twelve inch water line. He indicated that this requirement would be a significant expense. He would like the option to prove that the eight inch water line provides sufficient capacity. GAZA\ZAMIN\08\08zm1210.Doc 5 (08zm1210) Bata „ 1� j I� n Mr. Ramos stated that this item was a code requirement. Steve Bogart, Public Works Department Senior Civil Engineer, confirmed this. Mr. Ramos stated that it was not in the Zoning Administrator's purview to waive code requirements. Mr. Holman asked if those items could be appealed. Ms. Nguyen stated the code requirement letter was sent on November 11, 2008 to the applicant and it indicated that code requirements may be appealed to the Planning Commission. Mr. Ramos stated that the publication of a legal notice is required for any request to alter the number of parking spaces. He indicated that if an additional parking variance is requested for the project then it would need to be addressed at a future public hearing. He indicated that Mr. Holman could ask for a continuance if he wished to modify the request. Mr. Ramos stated that Condition No. 1(b) was also a code requirement. He asked if Fire Department staff had a chance to review the comments from Mr. Holman. Darin Maresh, Fire Development Specialist, indicated that he had reviewed Mr. Holman's comments. He stated that after reviewing the Fire Code and city specifications, the redesign of the building layout and increase of square footage is subject to compliance with the Fire Code. Mr. Maresh reviewed Section 17.56.110 of the Fire Code, indicating that it specifies that Condition No. 1(b) is required. Mr. Ramos asked the applicant to confirm that he needed clarification on Condition No. 1(c). Mr. Holman noted that there was a discussion at the Design Review Board meeting regarding allowing potted plants in lieu of hard landscaping and Mr. Holman did not feel that allowance was accounted for in Condition No. 1(c). Mr. Bogart indicated that the City Landscape Architect was in support of allowing potted plants. Kellee Fritzal, Deputy Director of Economic Development, stated that the Public Works Department's requirements for curb repair were acceptable within the frontage road. Mr. Ramos asked for the reasoning behind Condition No. 4. She stated that the purpose of Condition No. 4 was to prevent encroachment upon the frontage road as it is in use and indicated Economic Development Department staff had discussed Condition No. 4 with Public Works Department staff. Mr. Ramos asked staff for the rationale for Condition No. 3 since the analysis provided by LSA did not indicate a significant negative impact on traffic. Daren Sam, Senior Traffic Engineer, stated that the applicant did not submit a plan that staff felt they could support. Mr. Ramos asked staff if Condition No. 3 was a code requirement. Mr. Sam indicated that it was not. Mr. Ramos stated that he understood why the driveway was being requested. He asked if staff would be opposed to a modified condition that would require the applicant to provide additional analysis to allow staff to support the driveway request or if staff felt the driveway request could not be justified. Mr. Sam indicated that staff believed the intersection at Beach Boulevard and Atlanta Avenue provided an acceptable level of service to the site and that the site can function without the additional access point within the frontage road. Mr. Ramos asked if it would be possible for the applicant to provide a design that would potentially be supportable by staff even if staff felt the additional driveway was not needed. Mr. G:\ZA\ZAM I N\08\08zm 1210.Doc 6 (08zm 1210) TT. M ENT N 0. Bogart indicated that he would not be able to answer either way without seeing specific plans. Mr. Ramos asked if there was anything in the traffic analysis that convinced staff that there was no way the driveway could be supported. Mr. Sam stated that staff could not support the additional driveway due to the proposed design submitted to staff. Mr. Ramos asked if encroachments on frontage roads had been allowed on previous requests. Ms. Fritzal indicated that she did not know. Mr. Bogart stated that he was not aware of any. Mr. Holman stated the response from staff indicated that the driveway along the frontage road would not be considered at all. He stated that he would appreciate it if staff would be willing to look at alternative designs. Meghan Macias, LSA Associates, stated that the traffic analysis looked at the potential level of service to the proposed driveway. She indicated that most of the traffic turning on to the frontage road from Atlanta Avenue was entering the shopping center. She stated that it would be helpful to know the specific concerns from Public Works staff in order to further examine the site. She indicated that the analysis concluded that there would not be significant impact to the traffic flow from the addition of an access point across the frontage road. Mr. Ramos clarified that Mr. Holman would like to limit Condition No. 2(c)(2) to only the new buildings. Mr. Holman confirmed this and stated that he did not want the project to impact the other property owners at the site. Mr. Ramos asked staff if Condition No. 2(c) has been applied to similar projects. Mr. Bogart stated that the condition was consistent with past projects. Mr. Ramos confirmed with staff that Condition No. 2(c)(2) is a condition not a code requirement. Dan Schaeffer, 7971 Moonmist Circle, asked for details on the project. Ms. Nguyen briefly summarized the request. Mr. Schaeffer asked if the City owned the frontage road. Ms. Nguyen confirmed that the City owns the frontage road. Mr. Schaeffer asked what was the purpose of the frontage road. Mr. Ramos indicated that the road may be a remnant of Cal Trans freeway plans. Mr. Schaeffer stated that it is a traffic hazard and did not serve a purpose. He stated that the current site is an eyesore. Jeanie Reed, 8126 Deerfield Drive, asked if the applicant proposes to improve the appearance of the shopping center. Mr. Ramos indicated that there would be extensive fagade improvements throughout the site. She asked if the addition would be to the front or back. Ms. Nguyen stated that the Bank of America building would have additions to the front and side and the Rite Aid building would have a rear addition. Ms. Reed expressed concern that the vehicles would not have enough room to the rear of the site. Mr. Holman stated that the buildings would be no closer to the flood control channel than existing buildings and access would not be affected. Ms. Reed stated that the frontage road is used as a racetrack by drivers and that it is dangerous. She stated that she would prefer that the frontage road area become a portion of the site parking lot. Robin Taylor, 21326 Ashburn Circle, asked for clarification on the parking variance. Mr. Ramos stated that variance would be for forty spaces. Ms. Taylor stated that parking was at a premium G:\ZA\ZAMIN\08\08zm1210.Doc 7 (08=1210) A HM �y '' at the site, particularly during the summertime. She suggested using the access for the Breakers Apartments instead of creating an access across the frontage road. There was a brief discussion on the different entrances to the site and frontage road. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Ramos stated that he was inclined to modify Condition No. 3 to enable the applicant to submit further information in order to create a design that would be acceptable to staff. He stated that the Public Works Department would retain the power to approve the entrance through the frontage road. Mr. Ramos considered a modification to Condition No. 4 so that it would exclude the improvements required by the Public Works Department. Mr. Holman asked for clarification on Condition No. 4 regarding the driveway on the southwest corner. Mr. Ramos asked staff if he was correct in thinking that Condition No. 4 requiring the removal of the southwest corner driveway. Mr. Sassounian stated that would create a legal issue by landlocking his parcel. Mr. Holman stated that the city had constructed encroachments that deny access to that driveway. Simone Slifman, Economic Development Project Manager, stated the condition was intended to prevent that driveway from being reopened. Mr. Ramos reviewed his modification to Condition No. 3. Mr. Sassounian requested that Mr. Ramos include the word "reasonable" into the condition. Mr. Ramos indicated that he would attempt to word the condition to allow for that. Mr. Holman stated that he would like to make sure that staff would not reject any proposed designs without proper consideration. Mr. Ramos asked staff if they were comfortable with the proposed modifications. Bob Stachelski, Transportation Manager, stated that Condition No. 4 would make any approvals highly unlikely. Mr. Ramos asked staff if they would allow for a modification to Condition No. 4 to include an exception to Condition No. 3. He stated that he would like the applicant to have the opportunity to submit a design. Mr. Ramos clarified with Public Works staff that the intent of Condition No. 2(c)(2) was to locate the backflow device as close to the meter as possible without interfering with the public right-of- way. Mr. Sam confirmed this. Mr. Ramos stated that Condition No. 2(c)(2) would not be modified. Mr. Ramos stated that he would approve the request with minor changes to the findings and the previously stated modifications to the conditions as well as additional modifications to the language of Condition No. 1(a) and adding Condition No. 1(g) requiring the loading dock door to be more decorative than the typical industrial door. CONDITIONAL USE PERMIT NO. 2008-013; VARIANCE NO. 2008-007 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. STAFF STATED THAT THE ACTION TAKEN BY G:\ZA\ZAMIN\08\08zm 1210.Doc 8 (08zm 1210) THE ZONING ADMINISTRATOR MAY BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the proposed project consists of an addition of less than 10,000 sq. ft. of floor area to existing structures on a site where public services and facilities are available and the surrounding area is not environmentally sensitive. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2008-013: 1. Conditional Use Permit No. 2008-013 to permit the construction of two additions totaling approximately 5,870 sq. ft. to an existing commercial/retail shopping center will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The subject property is designated for commercial general development under the General Plan. The proposed project is consistent with the permitted uses and development standards within this designation. Residential uses are located approximately 115 feet to the north across Atlanta Avenue, 105 feet to the east across the flood channel, and 75 feet to the south. Since the activity areas on the site, including parking areas and building entrances, are oriented toward Beach Boulevard, the residential properties are sufficiently buffered. The proposed project will not generate significant noise, odors, traffic above levels already established by existing uses on site. 2. The conditional use permit will be compatible with surrounding uses because the proposed project is a minor expansion and fagade remodel of an existing neighborhood shopping center. The proposed building is designed with colors and materials that complement surrounding residential neighborhoods by incorporating enhanced architectural details and materials such as tile roofs, plaster exterior finishes, trellises, awnings, and Mediterranean colors. 3. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, except for the parking variance approved concurrently. The project complies with land use limitations, minimum landscaping and building setbacks and maximum floor area ratio, among others. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG-F1 (Commercial General — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 7.1.1: Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. GAZA\ZAMI N\08\08zm 1210.Doc 9 (08zm 1210) 41 rcH T LU 10.1.1: Accommodate the development of neighborhood, community, regional, office and visitor-serving commercial uses in areas designated on the Land Use Plan in accordance with Policy 7.1.1. LU 10.1.4: Require that commercial buildings and sites be designed and developed to achieve a high level of architectural and site layout quality. ED 2.4.1 — Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. The proposed project consists of additions to an existing neighborhood commercial/retail shopping center in an area designated for commercial uses on the Land Use Plan. The addition will facilitate the expansion and introduction of businesses such as a grocery store and drug store intended to serve the surrounding residential neighborhood. The project design features quality architecture and exterior finish materials (plaster and decorative metal elements), a variety of roof lines and fagade treatments, and a functional site layout with efficient access from parking areas to building entrances. The project will improve the existing building fagades and modernize the shopping center. FINDINGS FOR APPROVAL -VARIANCE NO. 2008-007: 1. The granting of Variance No. 2008-007 to allow 340 parking spaces in lieu of the minimum required 380 parking spaces will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. This represents a 40-space (10.5%) reduction in the required number of parking spaces. In the past, the City has allowed comparable reduction in the parking requirement for other similarly sized shopping centers in the same zoning classification through conditional use permits. 2. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The variance will not constitute a grant of special privilege because the project site presents a special circumstance (an existing frontage road adjacent to the property) which is inconsistent with the limitations on other properties and which is remedied, in part, by the granting of the requested variance. The project site is encumbered by a frontage road adjacent to the site that rendered the site narrow and long as compared to other shopping centers with similar mix of tenants along Beach Boulevard and Edinger Avenue. This frontage road represents a constraint to development of the site, absent which additional parking spaces may be provided on site to meet the code required minimum. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The requested variance is necessary to offset a unique constraint to development represented by an existing frontage road adjacent to the property, absent which the property could accommodate the additional parking spaces needed for code compliance. In addition, the variance is needed to enjoy the substantial property right of improving and expanding the existing center to create a commercially viable shopping center with neighborhood uses such as a market, a drug store, restaurants, and personal services. In doing so, this center is able to compete with other shopping centers in the vicinity. G:\ZA\ZAMIN\08\08zm1210.Doc 10 (08zm1210) At,; E n _ � 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The proposed addition and remodel allows the existing commercial buildings to be designed and developed to achieve a high level of architectural and site layout quality. The parking area is designed to maximize the use of site while providing for efficient and convenient site access and internal circulation. To substantiate the reduction in the parking requirement, the applicant submitted the Access and Parking Analysis, prepared by LSA Associates, Inc. (August 2008). The total parking demand for the site would be 263 parking spaces based on parking surveys of the site and the parking requirement in the Huntington Beach Zoning and Subdivision Ordinance. The total number of parking proposed to be provided is 340 spaces. Since the parking demand is less than the parking provided onsite, the reduction in parking is not anticipated to generate overflow parking within the adjacent residential neighborhoods. Accordingly, the requested reduction in parking will not have a detrimental impact on surrounding property owners. The variance will accommodate new development in accordance with the General Plan Land Use and Density Schedule. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 2008-013/ VARIANCE 2008-007: 1. The site plan, floor plans, and elevations received and dated September 23, 2008 shall be the conceptually approved design with the following modifications: a. Plans shall be revised to be consistent with the approval by the Design Review Board on August 18, 2008 including the following modifications: (DRB) i. Provide a plaza/courtyard to create a pedestrian friendly environment onsite. ii. Provide the following walkways onsite to accommodate pedestrian traffic: 1) a walkway along the front of the buildings from Atlanta Avenue to the southerly property line and 2) a walkway along the main vehicular entrance to the site from the frontage road to the buildings. iii. Provide textured pedestrian walkways across vehicular driveways to define the pedestrian paths from parking areas to primary building entrances. iv. Incorporate public art into the project. A public art element, approved by the Design Review Board, Director of Planning, and Director of Huntington Beach Art Center, shall be designated on the plans. Public Art shall be innovative, original, and of artistic excellence; appropriate to the design of the project; and reflective of the community's cultural identity (ecology, history, or society. The art work shall be installed within two years of project approval. v. Provide additional color variation and architectural elements such as wainscoting to enhance the market and Big Lots building elevations. b. The site plan shall be revised to comply with all Fire Department requirements. Specifically, fire access roads shall comply with City Specification #401 either by GAZA\ZAMIN\08\08zm1210.Doc 1 (08zm1210) ATTACHMENT NO. _� providing a hammerhead turn-around or cutting through existing shop building number 2. (FD) c. Landscaping shall be provided in areas between the 10-foot wide enhanced paving walkway and the parking areas in front of shop building number 3. d. The site plan shall identify the intended use of the space between the existing drugstore and shop building number 3 and the space behind shop building number 3. (PW) e. The proposed market expansion area behind the existing shops shall be redesigned as to not create a dead end walkway that is vulnerable to undesirable activities and crime. (PD) f. The proposed stand-alone ATM shall be relocated to a different area on the site that allows more visibility and safety when the stores are closed. (PD) g. The loading door facing Beach Boulevard shall have a decorative design compatible with the building elevation to the approval of Planning staff. 2. Prior to issuance of grading permits, the following shall be completed: a. The site plan shall also identify all emergency doors, transformers, bollards, and miscellaneous built out spaces behind Big Lots, shop building numbers 2 and 3, and the existing drugstore. (PW) b. The site plan shall also identify the truck dock for Big Lots. (PW) c. A Precise Grading Plan shall include the following improvements on the plan: 1. Damaged curb, gutter and sidewalk along the Atlanta Avenue and Beach Boulevard (frontage road) frontages shall be removed and replaced per Public Works Standard , Plan Nos. 202 and 207. (ZSO 230.84 and ADA) (PW) 2. All new water meters shall be constructed in the public R-O-W adjacent to the frontage road. All existing water meters currently located at the building shall be relocated to the public R-O-W adjacent to the frontage road. ("Master metering" of individual meters of multiple businesses in the same building shall be allowed.) Backflow protection devices on new and relocated meters shall be constructed immediately adjacent to the meter. All backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (PW) d. Developer shall secure or provide evidence of applicable public utility easement documentation for all new and existing public water facilities crossing private property. (PW) 3. The proposed curb cut and access opening to the development between Beach Boulevard and the frontage road shall only be allowed if the applicant submits an acceptable design for the review and approval by the Public Works Department. All costs associated with the curb cut and access opening shall be the responsibility of the applicant.(PW) G:\ZA\ZAMIN\08\08zm 1210.Doc 12 (08zm 1210) AT TAC H M ENT N0. 4. Except as identified in Conditions of Approval 2(c)(1), 2(c)(2), and 3, no encroachment into the frontage road shall be allowed. Encroachments include the driveway at the southwest corner of the property, curb, gutter, pavement, landscaping, lighting, or signage. (ED) 5. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.orq/DisplayPage.aspx?CategorylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/index.cfm?fuseaction=quidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ITEM 3: COASTAL DEVELOPMENT PERMIT NO. 2008-020 (BLUFF TOP PARK RESTROOMS) APPLICANT: City of Huntington Beach, Community Services Department PROPERTY OWNER: State of California, Department of Parks and Recreation,3030 Avenida del Presidente, San Clemente, CA 92672 REQUEST: To permit the construction of seven detached restroom buildings ranging in size from 70 sq. ft. to 140 sq. ft. The project also includes the installation of one handicap accessible ramp, the upgrade of an existing ramp in compliance with the Americans with Disabilities Act standards, and the resurfacing of approximately 4,000 linear ft. of a ten foot wide asphalt path for handicap accessibility to four of the restroom buildings. LOCATION: 913 Pacific Coast Highway, 92648 (ocean side of Pacific Coast Highway, between 9th Street and Seapoint Street- Bluff Top Park) PROJECT PLANNER: Jill Arabe Jill Arabe, Planning Aide, displayed project plans and photographs and stated the purpose, location, zoning, and existing uses of the subject site. Staff presented an overview of the proposed project and the suggested findings and conditions of approval as presented in the executive summary. Ms. Arabe stated that the application was reviewed by the Design Review Board, which recommended that the roofs of the restrooms match the designs of the restrooms located at South Beach in terms of roof material. G:\ZA\ZAMIN\08\08zm1210.Doc 13 (08zm1210) WTACH E T � � Ms. Arabe stated that one public comment was received regarding the installation of drinking fountains and showers alongside the restrooms and forwarded the comment to the applicant. She stated that showers are proposed with the restrooms if construction allows access to the sewer line and pipe systems. She stated that if the restrooms are required to use individual vault systems than showers would then be addressed in a future proposal. She stated that drinking fountains are not included in the proposal. Mr. Ramos asked staff if the current surrounding walkways would be maintained. Ms. Arabe verified this and stated that there is already access through the existing path. THE PUBLIC HEARING WAS OPENED. Dave Dominguez, Manager of Facilities, Development, and Concessions, indicated that he had no comments or concerns. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Ramos stated that, based on the information provided, he would approve the request as recommended by staff. COASTAL DEVELOPMENT PERMIT NO. 2008-020 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. STAFF STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR MAY BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the project consists of the construction of small structures where necessary public services and facilities are available and the surrounding area is not environmentally sensitive. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 2008-020: 1. Coastal Development Permit No. 2008-020 for the development project, as proposed, conforms with the General Plan, including the Local Coastal Program. The project is consistent with the Coastal Element Goals and Policies: C 1.2.1: Accommodate existing uses and new development in accordance with the Coastal Element Land Use Plan and the Development and Density Schedule Table C-1. C 4.2.2: Require that the massing, height, and orientation of new development be designed to protect public coastal views. GAZA\ZAMIN\08\08zm1210.Doc 14 (08zm1210) - C . m `�' C 3.1.1: Prohibit development of permanent above ground structures on the beach sand area with the exception of public restrooms and beach concession stands when located immediately adjacent to paved parking or access areas. The project will consist of replacing existing portable restrooms with permanent restroom structures. Access to the restrooms will be maintained to include an upgrade of an existing ramp in compliance with Americans with Disabilities Act (ADA) standards, and installation of a new handicap accessible ramp. The proposed restrooms will be located along an existing oil service road. The existing service road will be resurfaced with a width of 10-feet and approximate length of 4,000 feet for handicap accessibility. Four of the seven restrooms, between 9th Street and Goldenwest Street, will be situated below the bluff and will not impede on coastal views. They will be oriented towards the beach and will match in roof design to existing restrooms north and south of the pier. The restrooms will not encroach into the sandy area of the beach. Three of the seven restrooms, north of Goldenwest Street, will be situated above the bluff and in close proximity to parking lot areas. They will not be located within landscaped areas. The restrooms above the bluff will consist of single-stall restrooms as opposed to double-stall restrooms, as proposed for the restrooms, south of Goldenwest Street. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The proposed restrooms are permitted as ancillary development to publicly owned coastal beaches. The structures will not encroach onto the sandy beach and will be designed with materials to withstand the beach environment. The structures will comply with development standards including setbacks and building height. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed project will be constructed on a developed park with access to existing utilities including sewer, water, and roads. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access or impact public views. Existing and upgraded paths and ramps in compliance with current ADA standards will provide accessibility to the restrooms. The structures south of Goldenwest Street will be below the bluff and minimally visible from the street. The structures north of Goldenwest Street will be visible, but provide minimal impact to public views because the structures are smaller in size and screened with landscaping. The distance between restrooms is approximately 1,400 feet. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 2008-020 : 1. The site plan, floor plans, and elevations received and dated October 15, 2008 shall be the conceptually approved design with the modification that the proposed roof shall match the tile roof of existing restrooms located south of the pier. 2. Incorporating sustainable or"green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategorvlD=19) or Build It Green's G:\ZA\ZAMIN\08\08zm 1210.Doc 15 (08zm 1210) TTAC11 1 T . �� Green Building Guidelines and Rating Systems (http://www.builditgreen.org/index.cfm?fuseaction=guidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. THE MEETING WAS ADJOURNED AT 2:38 PM TO THE NEXT REGULARLY SCHEDULED MEETING ON WEDNESDAY, DECEMBER 17, 2008 AT 1:30 PM. Ricky Ramos Zoning Administrator RR:kdc G:\ZA\ZAMIN\08\08zm1210.Doc 16 (08zm1210) City ®f Huntington Leach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING November 11, 2008 Mike Adams 21190 Beach Boulevard Huntington Beach CA 92648 SUBJECT: CONDITIONAL USE PERMIT NO. 08-013, DESIGN REVIEW NO. 08-013, AND VARIANCE NO. 08-007 (BEACH PROMENADE)-21022-21190 BEACH BOULEVARD PROJECT IMPLEMENTATION CODE REQUIREMENTS Dear Mr. Adams: In order to assist you with your development proposal, staff has reviewed the project and identified applicable city policies, standard plans, and development and use requirements, excerpted from the City of Huntington Beach Zoning & Subdivision Ordinance and Municipal Codes. This list is intended to help you through the permitting process and various stages of project implementation. It should be noted that this requirement list is in addition to any "conditions of approval" adopted by the Zoning Administrator. Please note that if the design of your project or if site conditions change, the list may also change based upon modifications to your project and the applicable city policies, standard plans, and development and use requirements. The attached project implementation code requirements may be appealed to the Planning Commission as a matter separate from the associated entitlement(s)within ten calendar days of the approval of the project pursuant to the Huntington Beach Zoning and Subdivision Ordinance Section 248.24. The appeal fee is $494.00. If you would like a clarification of any of these requirements, an explanation of the Huntington Beach Zoning & Subdivision Ordinance and Municipal Codes, or believe some of the items listed do not apply to your project, and/or you would like to discuss them in further detail, please contact me at 714-374-1744 (tnguyenCcD-surfcjty-hb.orq) and/or the respective source department (contact person below). Sincerely, TESS NGUYEN Associate Planner Enclosures cc: Gerald Caraig,Building&Safety Department—714-374-1575 Steve Bogart,Public Works—714-536-5431 Darin Maresh,Fire Department—714-536-5531 Ken Small,Police—714-536-5902 Kellee Fritzal,Economic Department—714-374-1519 Jason Kelly,Planning Department Herb Fauland,Planning Manager Project File Bijian Sassounian,Property Owner Sigma Enterprises,Inc.,Property Owner James Diebold,PNS Stores,Inc.,Property Owner Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.or0 AT HME T _ Ja CITY OF HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS HUNTINGTON BEACH DATE: NOVEMBER 11, 2008 PROJECT NAME: BEACH PROMENADE PLANNING APPLICATION NO.: PLANNING APPLICATION NO. 08-062 AND 08-167 ENTITLEMENTS: CONDITIONAL USE PERMIT NO. 08-013; DESIGN REVIEW NO. 08-013; VARIANCE NO. 08-007 DATE OF PLANS: SEPTEMBER 23, 2008 PROJECT LOCATION: 21022-21190 BEACH BOULEVARD, HUNTINGTON BEACH PLAN REVIEWER: TESS NGUYEN, ASSOCIATE PLANNER TELEPHONE/E-MAIL: (714) 374-1744/tnguyen@surfcity-hb.org PROJECT DESCRIPTION: TO PERMIT A 5,870 SQ. FT. ADDITION AND AN EXTERIOR MODIFICATION OF AN EXISTING SHOPPING CENTER; THE PROJECT ALSO INCLUDES A VARIANCE FOR A 38-PARKING SPACE REDUCTION FOR THE BUILDING ADDITION. The following is a list of code requirements deemed applicable to the proposed project based on plans received and dated September 23, 2008. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the:Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. 1. The site plan, floor plans, and elevations approved by the Zoning Administrator`shall be the conceptually approved design with the following modifications: a. Plans shall be revised to be consistent with the approval by the Design Review Board on August 18, 2008. b. Parking lot striping shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. c. Depict all utility apparatus, such as but not limited to, back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public right-of-ways. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. d. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback a minimum of 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air Page 2 of 5 conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing proposed screening must be submitted for review and approval with the application for building permit(s). e. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations. If located on a building, they shall be architecturally integrated with the design of the building, non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. f. All parking area lighting shall be energy efficient and designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time- clock or photo-sensor system. (HBZSO 231.18(C)) g. Project data information shall include the flood zone, base flood elevation and lowest building floor elevation(s) per NAVD88 datum. h. Bicycle parking facilities shall be provided in accordance with the provisions of HBZSO Section 231.20—Bicycle Parking. 2. Prior to issuance of demolition permits, the following shall be completed: a. The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCB's. These requirements include but are not limited to: survey, identification of removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. b. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos survey shall be completed. c. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. d. The City of Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the Notification procedures have been completed. e. All asbestos shall be removed from all buildings prior to demolition of any portion of any building. 3. Prior to issuance of grading permits, the following shall be completed: b. At least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-ft radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Planning Department. c. Blockwall/fencing plans (including a site plan, section drawings and elevations, depicting the height and material of all retaining walls, freestanding walls and fences) consistent with the grading plan, shall be submitted to and approved by the Planning Department. Page 3 of 5 Double walls shall be prohibited. Prior to construction of any new property line walls or fences, a plan, approved by the owners of adjacent properties, and identifying the removal of any existing walls, shall be submitted to the Planning Department for review and approval. The plans shall identify proposed wall and fence materials, seep holes and drainage. 4. Prior to submittal for building permits, the following shall be completed: a. One set of project plans, revised pursuant to Condition of Approval No. 1, shall be submitted for review, approval and inclusion in the entitlement file, to the Planning Department. b. Zoning entitlement conditions of approval, code requirements identified herein and code requirements identified in separately transmitted memorandum from the Departments of Fire and Public Works shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. 5. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Construction equipment shall be maintained in peak operating condition to reduce emissions. b. Use low sulfur(0.5%) fuel by weight for construction equipment. c. Truck idling shall be prohibited for periods longer than 10 minutes. d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. e. Discontinue operation during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity. g. All Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday Saturday 7:00 AM to &00 PM. Such activities are prohibited Sundays and Federal holidays. 6. The new structure(s) cannot be occupied and the final building permit(s) cannot be approved until the following has been completed: a. All improvements must be completed in accordance with approved plans, except as provided for by conditions of approval. b. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. c. All existing signs which do not conform with Chapter 233 - Signs of the Huntington Beach Zoning & Subdivision Ordinance shall be removed or modified to conform. d. Compliance with all conditions of approval specified herein shall be verified by the Planning Department. T 62 . Hk`,E T NO . Page 4 of 5 e. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. f. An "as built" Elevation Certificate certifying the lowest floor and mechanical equipment for each building, or a Letter of Map Revision issued by the Federal Emergency Management Agency (FEMA), shall be submitted to the Planning Department. g. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department. 7. The Development Services Departments (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Planning may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. 8. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 9. Conditional Use Permit No. 08-013, Design Review No. 08-013, and Variance No. 08-007 shall not become effective until the ten calendar day appeal period following the approval of the entitlements has elapsed. 10. Conditional Use Permit No. 08-013, Design Review No. 08-013, and Variance No. 08-007 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 11. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 08-013, Design Review No. 08-013, and Variance No. 08-007 pursuant to a public hearing for revocation, if any violation of the conditions of approval, Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 12. The project shall comply with all applicable requirements of the Municipal Code, Building & Safety Department and Fire Department, as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 13. Construction shall be limited to Monday— Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 14. The applicant shall submit a check in the amount of $50.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's approval of entitlements. ATTACHMENT . fig n� Page 5 of 5 15.All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Planning Commission. 16.All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be obtained from the Planning Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. 17. Live entertainment and/or outdoor dining in excess of 400 sq. ft. shall not be permitted unless a conditional use permit for this specific use is reviewed and approved. Outdoor dining occupying less than 400 sq. ft. is subject to Neighborhood Notification and approval by the Director of Planning. 18.Alcoholic beverage sales shall be prohibited unless a conditional use permit for this particular use is reviewed and approved. F CITY OF HUNTINGTON BEACH BUILDING AND SAFETY DEPTARTMENT HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: 10/14/2008 PROJECT NAME: BEACH PROMENADE ENTITLEMENTS: PLANNING APPLICATION NO. 08-062: CONDITIONAL USE PERMIT NO. 08-013. DESIGN REVIEW NO. 08-013: VARIANCE NO. 08-007 DATE OF PLANS: 09/23/2008 PROJECT LOCATION: 21132 BEACH BOULEVARD, HUNTINGTON BEACH PROJECT PLANNER: TESS NGUYEN, ASSOCIATE PLANNER PLAN REVIEWER: EDWARD S. LEE, PLAN CHECKER II TELEPHONE/E-MAIL: (714)374-1538/ELEE@SURFCITY-HB.ORG PROJECT DESCRIPTION: TO PERMIT A 5,870 S.F. ADDITION AND AN EXTERIOR MODIFICATION OF AN EXISTING SHOPPING CENTER; THE PROJECT ALSO INCLUDES A VARIANCE FOR A 38-PARKING SPACE REDUCTION FOR THE BUILDING ADDITION The following is a list of code requirements deemed applicable to the proposed project based on plans received and dated 09/23/2008. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. Electrical, plumbing, and mechanical items are not included in this review. If you have any questions regarding these comments, please contact the plan reviewer. Compliance is required prior to building permit issuance and all applicable items must meet the Huntington Beach Municipal Code (HBMC) and the California Code of Regulations (CCR or Title 24). II. CODE ISSUES: GENERAL: 1. The codes in effect are the: 2007California Building Code ('07CBC), 2007California Plumbing Code ('07CPC), 2007California Mechanical Code ('07CMC), 2007California Electrical Code ('07CEC) and 2007California Energy Efficiency Standards as adopted by the City. 2. Plan submittal documents must include"Conditions of Approval" if applicable. 3. Provide complete architectural & structural plans (including calculation) prepared by a California registered architect/engineer with following items included (but, not limited to) for Building Department review under a building permit: VITEEN NO. a. Title 24 Disabled Access Regulations per Chapter 11 B, CBC'07 b. Exit analysis per Chapter 10, CBC'07 c. Soil report prepared by a California registered geotechnical engineer d. Automatic Fire-sprinkler system requirement for over 5,000 S.F. e. Exterior wall &opening protection requirements per Chapter 7, CBC'07 4. A separate permit shall be required for mechanical, electrical & plumbing work with 2-sets of plans. 5. A separate permit shall be required for new fences over 42" in height, new trash enclosure, new light poles, etc. if applicable, including exterior signage with 2-sets of plans. FEES: 6. For budgeting purposes,the attached chart may be used to estimate the cost of construction fees based on the project valuation. The cost of construction permits required for other departments and trades are not included. Applicability of these project specific fees will be determined by the appropriate agencies upon review of the project. Note that the fees calculated are an approximation of the actual fees based on the current fee ordinance and may be subject to change without notice. The final fees will be determined when an application is submitted. Page 2 of 5 AITAU N01 :_ ESTIMATED PERMIT FEES THE FOLLOWING FEES DO NOT INCLUDE ENTITLEMENT PROCESSING FEES AND TRAFFIC IMPACT FEES Microfilm/Scanning of Plans Each sheet of permitted drawings $3.78 Scanned Permits Each Permit issued T—$0.98 STATE OF CALIFORNIA TAX SMIP Residential Up to $5,000 valuation—Fee amount is fixed $0.50 Over$5,000 valuation—Fee amount is valuation x rate $0.0001 Commercial/Industrial Up to$2,381 Valuation—Fee amount is fixed $0.50 Over$2,381 Valuation—Fee amount is valuation x rate $0.00021 HUNTINGTON BEACH LIBRARY 714 960-8836 Residential: Applied to all new development and additions which $0.15/sq.ft. Library Enrichment increase existing sq. ft. by over 50% Commercial: Applied to all new development and additions—Rate $0.15/sq.ft. Library Enrichment per sq. ft. Residential: Applied to all new development and additions which $0.44/sq.ft. Library Development increase existing sq. ft. by over 50% (including garage area)—Rate per sq.ft. Commercial/Industrial: Applied to all new development and additions—Rate $0.04/sq.ft. Library Development per sq. ft. HB SCHOOL DISTRICT (714) 636-7521 x250(Payable directly to HBSD Residential: Applied to new residential development and additions $2.63/sq.ft. School District of 500 sq.ft. or more (excluding garage area)—Rate per sq. ft. Commercial: Applied to all new development and additions—Rate $0.42/sq.ft. School District per sq. ft. HB PARK&RECREATION Residential Applied to all new development and additions—Rate $0.86/sq.ft. per sq. ft. Commercial/Industrial Applied to all new development and additions—Rate $0.23/sq.ft. per sq. ft. Page 3 of 5 ATTACHMENTNO. FEES: The chart below may be used to estimate the cost of construction fees based on the project valuation but does not include fees required for other departments and trades. (Vote that the fees calculated are an approximation of the actual fees based on the current fee ordinance and may be subject to change without notice. The final fees will be determined when an application is submitted. Project Bldg.Plan(4) Planning(4) Inspection Processing(4) Sub-Total valuation Review Fee Review Fee Fee Fee $5,000.00 $84 $78 $110 $29 $301 $10,000.00 $127 $117 $166 $29 $439 $20,000.00 $212 $195 $279 $29 $715 $30,000.00 $286 $263 $376 $29 $954 $40,000.00 $348 $320 $457 $29 $1,154 $50,000.00 $409 $377 $538 $29 $1,353 $60,000.00 $452 $416 $594 $29 $1,491 $70,000.00 $495 $456 $650 $29 $1,630 $80,000.00 $537 $495 $706 $29 $1,767 $90,000.00 $580 $534 $762 $29 $1,905 $100,000.00 $623 $574 $819 $29 $2,045 $110,000.00 $657 $605 $863 $29 $2,154 $120,000.00 $691 $636 $908 $29 $2,264 $130,000.00 $725 $668 $953 $29 $2,375 $140,000.00 $759 $699 $998 $29 $2,485 $150,000.00 $793 $730 $1,043 $29 $2,595 $160,000.00 $827 $762 $1,087 $29 $2,705 $170,000.00 $861 $793 $1,132 $29 $2,815 $180,000.00 $895 $824 $1,177 $29 $2,925 $190,000.00 $929 $856 $1,222 $29 $3,036 $200,000.00 $963 $887 $1,267 $29 $3,146 $250,000.00 $1,133 $1,044 $1,491 $29 $3,697 $300,000.00 $1,304 $1,201 $1,715 $29 $4,249 $350,000.00 $1,474 $1,357 $1,939 $29 $4,799 $400,000.00 $1,644 $1,514 $2,163 $29 $5,350 $450,000.00 $1,814 $1,671 $2,387 $29 $5,901 $500,000.00 $1,984 $1,828 $2,611 $29 $6,452 $550,000.00 $2,129 $1,961 $2,801 $29 $6,920 $600,000.00 $2,274 $2,095 $2,992 $29 $7,390 $650,000.00 $2,419 $2,228 $3,182 $29 $7,858 $700,000.00 $2,564 $2,361 $3,373 $29 $8,327 $750,000.00 $2,708 $2,495 $3,563 $29 $8,795 $800,000.00 $2,853 $2,628 $3,754 $29 $9,264 $850,000.00 $2,998 $2,761 $3,944 $29 $9,732 $900,000.00 $3,143 $2,895 $4,135 $29 $10,202 $950,000.00 $3,288 $3,028 $4,325 $29 $10,670 $1,000,000.00 $3,432 $3,161 $4,516 $29 $11,138 $1,250,000.00 $3,988 $3,673 $5,247 $29 $12,937 $1,500,000.00 $4,545 $4,186 $5,979 $29 $14,739 Page 4 of 5 ATTACH NO. $1,750,000.00 $5,1011 $4,699 $6,712 $29 $16,541 $2,000,000.00 $5,658 $5,211 $7,444 $29 $18,342 NOTE. 1. Fees are effective dated 1/20/2006. For latest fees obtain the"Building Permit Fee" schedule. 2. A 4.1%Automation Fee will be added to all fees listed pursuant to Resolution 2005-75. 3. See attached handout for additional fees such as Library Development, Park Development, etc 4. These fees are payable at plan submittal. 5. Additional fees for Mechanical, Plumbing, Electrical, Fire, PW, Sanitation may apply. Page 5 of 5 ATTACHMENT NO, _ _ • �J CITY OF HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS HUNTINGTON BEACH DATE: November 6, 2008 PROJECT NAME: BEACH PROMENADE PLANNING APPLICATION NO.: PLANNING APPLICATION NO. 08-062 ENTITLEMENTS: CONDITIONAL USE PERMIT NO. 08-013; DESIGN REVIEW NO. 08-013 DATE OF PLANS: JUNE 19, 2008 PROJECT LOCATION: 21132 BEACH BOULEVARD, HUNTINGTON BEACH PROJECT PLANNER: TESS NGUYEN, ASSOCIATE PLANNER PLAN REVIEWER: Kellee Fritzal, Deputy Director of Economic Development TELEPHONE/E-MAIL: (714) 374-1519/kfritzai@surfcity-hb.org PROJECT DESCRIPTION: TO PERMIT A 5,570 SQ. FT. ADDITION AND AN EXTERIOR MODIFICATION OF AN EXISTING SHOPPING CENTER The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. The Economic Development Department has the following concerns with the plans: 1) The Economic Development Department wants to ensure that the Beach Blvd. frontage road is not used for landscaping and does not allow for on-street parking. 2) Concerning with the new access onto Beach Blvd - does the modifications for the entry onto Beach Boulevard encroach into the frontage road? A JJ , HUNTINGTON BEACH FIRE DEPARTMENT PROJECT IMPLEMENTATION CODE REQUIREMENTS HUNTINGTON BEACH DATE: OCTOBER 1, 2008 PROJECT NAME: BEACH PROMENADE ENTITLEMENTS: PLANNING APPLICATION NO. 08-062 PROJECT LOCATION: 21132 BEACH, HUNTINGTON BEACH, CA PLANNER: TESS NGUYEN, ASSOCIATE PLANNER TELEPHONE/E-MAIL: (714) 374-1744/tnguyen@surfcity-hb.org PLAN REVIEWER-FIRE: DARIN MARESH, FIRE DEVELOPMENT SPECIALIST TELEPHONE/E-MAIL: (714) 536-5531/dmaresh@surfcity-hb.org PROJECT DESCRIPTION: TO PERMIT A 5,870 SQ. FT. ADDITION AND AN EXTERIOR MODIFACATION OF AN EXISTING SHOPPING CENTER; THE PROJECT ALSO INCLUDES A VARIANCE FOR A 38-PARKING SPACE REDUCTION FOR THE BUILDING ADDITION. The following is a list of code requirements deemed applicable to the proposed project based on plans received and dated September 23, 2008. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer- Fire: DARIN MARESH, FIRE DEVELOPMENT SPECIALIST. PRIOR TO DEMOLITION, GRADING, SITE DEVELOPMENT, ISSUANCE OF GRADING PERMITS, BUILDING PERMITS, AND/OR CONSTRUCTION, THE FOLLOWING SHALL BE REQUIRED: a. Fire Access Roads (currently existing) shall be maintained in compliance with City Specification #401, Minimum Standards for Fire Apparatus Access. Driving area shall be capable of supporting a fire apparatus (75,000 Ibs and 12,000 lb point load). Minimum fire access road width is twenty-four feet (24') wide, with thirteen feet six inches (13' 6") vertical clearance. Fire access roads fronting commercial buildings shall be a minimum width of twenty-six feet (26') wide, with thirteen feet six inches (13' 6") vertical clearance. For Fire Department approval, reference and demonstrate compliance with City Specification#401 Minimum Standards for Fire Apparatus Access on the plans. (FD) b. Fire Access Road Turns and Corners (currently existing) shall be maintained with a minimum inner radius of seventeen feet (17') and a minimum outer radius of forty five feet (45') per City Specification #401 Minimum Standards for Fire Apparatus Access. For Fire Department approval, reference and demonstrate compliance with City Specification #401 Minimum Standards for Fire Apparatus Access on the plans. (FD) ATTACHMENT Page 2 of 4 C. Fire Lanes (currently existing), as determined by the Fire Department, shall be posted, marked, and maintained per City Specification #415, Fire Lanes Signage and Markings on Private, Residential, Commercial and Industrial Properties. The site plan shall clearly identify all red fire lane curbs, both in location and length of run. The location of fire lane signs shall be depicted. No parking shall be allowed in the designated 24 foot wide fire apparatus access road or supplemental fire access per City Specification #415. For Fire Department approval, reference and demonstrate compliance with City Specification #401 Minimum Standards for Fire Apparatus Access on the plans. (FD) d. Automatic Fire Sprinklers. NFPA13 Automatic fire sprinkler systems are required per Huntington Beach Fire Code for new buildings with "fire areas" 5000 square feet or more or for buildings 10,000 square feet or more. An addition of square footage to an existing building also triggers this requirement. Separate plans (three sets) shall be submitted to the Fire Department for permits and approval. The system shall provide water flow, tamper and trouble alarms, manual pull stations, interior and exterior horns and strobes, and 24-hour central station monitoring. Automatic fire sprinkler systems must be maintained operational at all times, with maintenance inspections performed quarterly and the system serviced every five years by a state licensed C-16 Fire Protection Contractor. For Fire Department approval, reference that a fire sprinkler system will be installed in compliance with the Huntington Beach Fire Code, NFPA 13, and City Specification #420 - Automatic Fire Sprinkler Systems in the plan notes. NOTE: The masonry walls separating the 21132 Beach Blvd. address (proposed new market) and the adjoining "Shop # 2 and Shop # 3" structures are rated-wall assemblies. Reducing this wall assembly rating below the four hour rating or making penetrations into this wall assembly will trigger the fire sprinkler requirement to be extended to Shop# 2, Shop # 3, or both # 2 and #3, depending on which wall is affected. NOTE: When buildings under construction are more than one (1) story in height and required to have automatic fire sprinklers, the fire sprinkler system shall be installed and operational to protect all floors lower than the floor currently under construction. Fire sprinkler systems for the current floor under construction shall be installed, in-service, inspected and approved prior to beginning construction on the next floor above. (FD) e. Modirication, additions, or deletions to an existing automatic fire sprinkler system or fire alarm system shall require that separate plans (three sets) shall be submitted to the Fire Department for permits and approval. Any extended interruption of the fire sprinkler system operation will require a "fire watch", approved by the Fire Department. Reference compliance with City Specification #420 -Automatic Fire Sprinkler Systems and NFPA 13 in the plan notes. (FD) ATTACHMENT . �' �' Page 3 of 4 f. Fire Department Connections (FDC) to the automatic fire sprinkler systems shall be located to the front of the building, at least 25 feet from and no farther than 150 feet of a properly rated fire hydrant. (FD) g. NPFA 13 Commercial Fire Sprinkler Systems Supply shall be from a dedicated fire water service installed per Fire Department, Public Works, and Water Division Standards. The dedicated fire water service connection shall be a minimum of four inches (4") in size. Depending on fire sprinkler system demands, larger water service may be required. Separate plans shall be submitted to the Public Works Department for approval and permits, and must be completed prior to issuance of a grading permit. The dedicated fire water service off-site improvements shall be shown on a precise grading plan, prepared by a Licensed Civil Engineer. Contact Huntington Beach Public Works Department (714-536- 5431) for offsite water improvement requirements. (FD) h. Trash Dumpsters or containers with an individual capacity of 1.5 cubic yards (40.5 cubic feet) or more shall not be stored in buildings or placed within 5 feet of combustible walls, openings or combustible roof eave lines unless protected by an approved fire sprinkler system. HBFC 1103.2.2 For Fire Department approval, reference and demonstrate compliance with HBFC 1103.2.2 (FD) i. Fire Extinguishers shall be installed and located in all areas to comply with Huntington Beach Fire Code standards found in City Specification#424. The minimum required dry chemical fire extinguisher size is 2A 10BC and shall be installed within 75 feet travel distance to all portions of the building. Extinguishers are required to be serviced or replaced annually. (FD) THE FOLLOWING CONDITIONS SHALL BE MAINTAINED DURING CONSTRUCTION: a. Fire/Emergency Access And Site Safety shall be maintained during project construction phases in compliance with HBFC Chapter 14, Fire Safety During Construction And Demolition. (FD) b. Fire/Emergency Access And Site Safety shall be maintained during project construction phases in compliance with City Specification#426, Fire Safety Requirements for Construction Sites. (FD) OTHER: a. Discovery of additional soil contamination or underground pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly in compliance with City Specification#431-92 Soil Clean-Up Standards. (FD) b. Outside City Consultants The Fire Department review of this project and subsequent plans may require the use of City consultants. The Huntington Beach City Council approved fee schedule allows the Fire Department to recover consultant fees from the applicant, developer or other responsible party. (FD) TTA . T . _ Page 4 of 4 Fire Department City Specifications may be obtained at: Huntington Beach Fire Department Administrative Office City Hall 2000 Main Street, 5th floor Huntington Beach, CA 92648 or through the City's website at www.surfcity-hb.org If you have any questions, please contact the Fire Prevention Division at(714) 536-5411. S:\Prevention\1-Development\1-Planning Department-Planning Applications,CUP's\2008 CUP's\Beach 21132 Beach Promenade PA#08-062 CUP#08-007 10-01-08 DM.doc ATTACHMENT NO. . � wo F'H HUNTINGTON BEACH POLICE DEPARTMENT HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: OCTOBER 30, 2008 PLANNER: TESS NGUYEN PROJECT NAIVE: BEACH PROMENADE REQUEST: TO PERMIT A 5,870 SQ. FT. ADDITION AND AN EXTERIOR MODIFICATION OF AN EXISTING SHOPPING CENTER. THE APPLICANT IS PROPOSING A WALK-UP ATM IN THE PARKING LOT. PROJECT LOCATION: 21132 BEACH BLVD, HUNTINGTON BEACH DATE OF PLANS: SEPTEMBER 23, 2008 PLAN REVIEWER: JAN THOMAS TELEPHONE/E-MAIL: (949) 348-8186 jckthomas@cox.net The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. Police recommend not allowing the market expansion as shown. The expansion creates a five foot wide walkway between the existing shops and the market expansion. This dead end walkway provides an area for undesirable activity. Also,the doors for the existing shops open into this walkway, which leaves people vulnerable to any type of crime to occur in this area and to go unnoticed. Police recommend not allowing the ATM in this location as well. This is a stand alone ATM in an isolated area. At night,when the stores are closed, users of this ATM would be even more vulnerable to criminal activity. ATTACHMENT .. n�":"­;' • J' 0 HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: OCTOBER 30, 2008 PROJECT NAME: BEACH PROMENADE ENTITLEMENTS: CONDITIONAL USE PERMIT NO. 08-013; DESIGN REVIEW NO. 08-013; VARIANCE NO. 08-007 PLNG APPLICATION NO: 2008-0062 DATE OF PLANS: SEPTEMBER 23, 2008 PROJECT LOCATION: 21132 BEACH BOULEVARD, HUNTINGTON BEACH PROJECT PLANNER: TESS NGUYEN, ASSOCIATE PLANNER TELEPHONE/E-MAIL: (714) 374-1744/TNGUYEN(a-SURFCITY-HB.ORG PLAN REVIEWER: STEVE BOGART, SENIOR CIVIL ENGINEER TELEPHONE/E-MAIL: 714-374-1692/SBOGARTCaD-SURFCITY-HB.ORG PROJECT DESCRIPTION: TO PERMIT A 5,570 SQ. FT. ADDITION AND AN EXTERIOR MODIFICATION OF AN EXISTING SHOPPING CENTER. ALSO INCLUDES A VARIANCE FOR A 38-PARKING SPACE REDUCTION FOR THE BUILDING ADDITION. The following is a list of code requirements deemed applicable to the proposed project based on plans as stated above. The items below are to meet the City of Huntington Beach's Municipal Code (HBMC), Zoning and Subdivision Ordinance (ZSO), Department of Public Works Standard Plans (Civil, Water and Landscaping) and the American Public Works Association (APWA) Standards Specifications for Public Works Construction (Green Book), the Orange County Drainage Area management Plan (DAMP), and the City Arboricultural and Landscape Standards and Specifications. The list is intended to assist the applicant by identifying requirements which shall be satisfied during the various stages of project permitting, implementation and construction. If you have any questions regarding these requirements, please contact the Plan Reviewer or Project Planner. THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A DEMOLITION PERMIT: 1. Applicant shall provide a consulting arborist report on all the existing trees. Said report shall quantify, identify, size and analyze the health of the existing trees. The report shall also recommend how the existing trees that are to remain (if any) shall be protected and how far construction/grading shall be kept from the trunk. (Resolution 4545) a. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). ATTACHMENT NO Page 2 of 5 THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A GRADING PERMIT: 1. A Precise Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. (MC 17.05/ZSO 230.84) The plans shall comply with Public Works plan preparation guidelines and include the following improvements on the plan: a. The existing sewer laterals and private sewer main, serving the subject site, may potentially be utilized if there are of adequate size, conform to current Public Works Standards and are determined to be in serviceable condition by submitting a video of said sewer laterals and sewer main. If the sewer is determined to be inadequate, new sewer laterals and the private sewer main shall be installed, connecting to the main in the Atlanta Avenue, per Public Works Standards. (ZSO 230.84) b. Separate domestic water services and meters to 21022 and 21132 Beach Blvd shall be installed per Water Standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The domestic water services shall be a minimum of 2- inches in size. (ZSO 230.84) C. Separate dedicated fire service line(s) with backflow protection device(s) shall be constructed per Water Standards for the fire sprinkler system(s) required by the Fire Department to serve 21022 and 21132 Beach Blvd. (ZSO 230.84) d. Separate backflow protection devices shall be installed per Water Division Standards on all existing and new domestic and irrigation water services to buildings owned by the developer. (Resolution 5921 and Title 17) e. The existing water service and meter serving 21022 and 21132 Beach Blvd shall be abandoned per Water Standards. (ZSO 230.84) f. A separate irrigation water service and meter shall be installed per Water Division Standards. The water service shall be a minimum of 1-inch in size. (ZSO 232) g. If the Fire Department requires upgrades to the fire water pipelines, a hydraulic water analysis shall be performed to identify required water improvements. The developer shall be required to upgrade/improve the City's water system to meet the water demands to the site and/or otherwise mitigate the impacts of the property at no cost to the City. (Unless proven otherwise, and approved by the City, these upgrades shall include the design and construction of approximately 1100 lineal feet of 12-in water pipeline and appurtenances, constructed per Water Division standards.) The developer shall meet with the Fire and Public Works Departments to discuss the fire flow and fire hydrant requirements and provide the city with a site plan showing the existing and proposed on- site and off-site water improvements (including pipeline sizes, fire hydrant, meter, and backflow device locations). The developer shall be responsible to pay the City to perform the analysis using the City's hydraulic water model. (ZSO 230.84 and SMA 66428.1(d)) h. Existing and proposed locations for the subject site's trash enclosures shall be depicted on the grading plan. The areas shall be paved with an impervious surface, designed not to allow run-on from adjoining areas, designed to divert drainage from adjoining roofs and pavements diverted around the area, and screened or walled to prevent off-site transport of trash. The trash enclosure areas shall be covered or roofed with a solid, impervious material. Connection of trash area drains into the storm drain system is prohibited. If feasible, the trash enclosure areas shall be connected into the sanitary sewer. (DAMP) G:WguyenDesign Review\21132 Beach--Beach PromenadeTublic Works Comments 09.23.08.doc (1,T° './t NO , Page 3 of 5 2. A Street Improvement Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. (MC 17.05/ZSO 230.84) The plans shall comply with Public Works plan preparation guidelines and include the following improvements on the plan: a. An ADA compliant curb access ramp shall be constructed at the southeast corner of Atlanta Avenue the frontage road. (ZSO 230.84) b. The existing driveway approaches on the Beach Boulevard frontage road and on Atlanta Avenue shall be removed and replaced with an ADA compliant driveway approaches per Public Works Standard Plan No. 211. (ZSO 230.84) C. The existing northerly driveway approach on the Beach Boulevard frontage road shall be removed and replaced with curb, gutter, and sidewalk per Public Works Standard Plan Nos. 202 and 207. (ZSO 230.84) d. The existing southerly driveway approach on the Beach Boulevard frontage road shall be removed. (ZSO 230.84) e. Relocate the existing streetlight (currently adjacent to the proposed main westerly entrance to the subject site) to a location as approved by the Transportation Division of Public Works. (ZSO 230.84) 3. A twenty-five sight triangle shall be provided at the intersection of Beach Boulevard and Atlanta Avenue. (ZSO 230.88) 4. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect shall be submitted to the Public Works Department for review and approval by the Public Works and Planning Departments. (ZSO 232.04) a. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). b. "Smart irrigation controllers" and/or other innovative means to reduce the quantity of runoff shall be installed. (ZSO 232.04D) C. Standard landscape code requirements apply. (ZSO 232) 5. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (ZSO 232.04B) 6. Landscaping plans should utilize native, drought-tolerant landscape materials where appropriate and feasible. (DAMP) 7. A Consulting Arborist (approved by the City Landscape Architect) shall review the final landscape tree-planting plan and approve in writing the selection and locations proposed for new trees and the protection measures and locations of existing trees to remain. Said Arborist signature shall be incorporated onto the Landscape Architect's plans and shall include the Arborist's name, certificate number and the Arborist's wet signature on the final plan. (Resolution 4545) 8. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (AQMD Rule 403) 9. The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Planning and Public Works Departments. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading-related concerns. This contact person shall be available immediately to address any concerns or issues raised by G\Nguyen\Design Review\21132 Beach—Beach PromenadeTublic Works Comments 09.23.08.doc -- � Page 4 of 5 adjacent property owners during the construction activity. He/She will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. Signs shall include the applicant's contact number, regarding grading and construction activities, and "1-800-CUTSMOG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. 10. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLIED WITH DURING GRADING OPERATIONS: 1. An Encroachment Permit is required for all work within the City's right-of-way. (MC 12.38.010/MC 14.36.030) 2. An Encroachment Permit is required for all work within Caltrans' right-of-way. 3. Existing street tree(s)to be inspected by the City Inspector during removal of concrete and prior to replacement thereof. Tree replacement or root/tree protection, will be specified upon the inspection of the root system. (Resolution 4545) 4. The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material in excess of 5000 cubic yards is required. This plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction-related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. (MC 17.05.210) 5. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (California Stormwater BMP Handbook, Construction Wind Erosion WE-1) 6. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (MC 17.05) 7. Wet down the areas that are to be graded or that is being graded, in the late morning and after work is completed for the day. (WE-1/MC 17.05) 8. The construction disturbance area shall be kept as small as possible. (California Stormwater BMP Handbook, Construction Erosion Control EC-1) (DAMP) 9. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (DAMP) 10. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. (DAMP) 11. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (AQMD Rule 403) 12. Wind barriers shall be installed along the perimeter of the site. (DAMP) 13. All construction materials, wastes, grading or demolition debris and stockpiles of soils, aggregates, soil amendments, etc. shall be properly covered, stored and secured to prevent transport into surface or ground waters by wind, rain, tracking, tidal erosion or dispersion. (DAMP) G:Nguyen\Design Review\21132 Beach—Beach PromenadeTublic Works Comments 09.23.08.doc ATTACHMENT 9\t e (•, "�.- Page 5 of 5 THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A BUILDING PERMIT: 1. A Precise Grading Permit shall be issued. (MC 17.05) 2. Traffic impact fees for commercial development shall be paid at the rate applicable at the time of Building Permit issuance. The current rate of $154 per net new added daily trip is adjusted annually on December 1st. This project is forecast to generate 256 new daily trips for a total traffic impact fee of$39,424. (MC 17.65) THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO FINAL INSPECTION OR OCCUPANCY: 1. Complete all improvements as shown on the approved grading, landscape and improvement plans. (MC 17.05) 2. The current tree code requirements shall apply to this site. (ZSO 232) a. Existing trees to remain on site shall not be disfigured or mutilated, (ZSO 232.04E), and, b. General tree requirements, regarding quantities and sizes, (ZSO 232.08B and C). 3. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect. (ZSO 232.04D) 4. Applicant shall provide City with CD media TIFF images (in City format) and CD (AutoCAD only) copy of complete City Approved landscape construction drawings as stamped "Permanent File Copy" prior to starting landscape work. Copies shall be given to the City Landscape Architect for permanent City record. 5. All applicable Public Works fees shall be paid at the current rate unless otherwise stated, per the Public Works Fee Schedule adopted by the City Council and available on the city web site at http://www.surfcity-hb.org/files/users/public works/fee_schedule.pdf. (ZSO 240.06/ZSO 250.16) 6. The Water Ordinance#14.52, the "Water Efficient Landscape Requirements" apply for projects with 2500 square feet of landscaping and larger. (MC 14.52) G:Nguyen\Design Review121132 Beach—Beach PromenadeTublic Works Comments 09.23.08.dce ATTACHMENT- . `f H HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT HUNTINGTON BEACH SUGGESTED CONDITIONS OF APPROVAL. DATE: OCTOBER 30, 2008 PROJECT NAME: BEACH PROMENADE ENTITLEMENTS: CONDITIONAL USE PERMIT NO. 08-013; DESIGN REVIEW NO. 08-013; VARIANCE NO. 08-007 PLNG APPLICATION NO: 2008-0062 DATE OF PLANS: SEPTEMBER 23, 2008 PROJECT LOCATION: 21132 BEACH BOULEVARD, HUNTINGTON BEACH PROJECT PLANNER: TESS NGUYEN, ASSOCIATE PLANNER TELEPHONE/E-MAIL: (714) 374-1744/TNGUYENa-SURFCITY-HB.ORG PLAN REVIEWER: STEVE BOGART, SENIOR CIVIL ENGINEER TELEPHONE/E-MAIL: 714-374-1692/SBOGARTa-SURFCITY-HB.ORG PROJECT DESCRIPTION: TO PERMIT A 5,570 SQ. FT. ADDITION AND AN EXTERIOR MODIFICATION OF AN EXISTING SHOPPING CENTER. ALSO INCLUDES A VARIANCE FOR A 38-PARKING SPACE REDUCTION FOR THE BUILDING ADDITION. THE FOLLOWING CONDITIONS ARE REQUIRED TO BE COMPLETED PRIOR TO ISSUANCE OF A GRADING PERMIT: 1. The site plan shall identify what is the intended use of the space between the drugstore and shop building number 3 and what is the space behind shop building number 3. 2. The site plan shall also identify all emergency doors, transformers, bollards, and miscellaneous built out spaces behind Big Lots, shop building numbers 2 and 3, and the drugstore. 3. The site plan shall also identify the truck dock for Big Lots. 4. A Precise Grading Plan shall include the following improvements on the plan: a. Damaged curb, gutter and sidewalk along the Atlanta Avenue and Beach Boulevard (frontage road) frontages shall be removed and replaced per Public Works Standard Plan Nos. 202 and 207. (ZSO 230.84 and ADA) b. All new water meters shall be constructed in the public R-O-W adjacent to the frontage road. All existing water meters currently located at the building shall be relocated to the public R-O-W adjacent to the frontage road. ("Master metering" of individual meters of multiple businesses in the same building shall be allowed.) GANguyen0esign Review\21132 Beach—Beach Promenade\Public Works Conditions 09.23.08.doc ATTACHMENT NO. Page 2 of 2 Backflow protection devices on new and relocated meters shall be constructed immediately adjacent to the meter. 5. Developer shall secure or provide evidence of applicable public utility easement documentation for all new and existing public water facilities crossing private property. 6. A Traffic Study shall be provided to support the statement that congestion will be reduced at the intersection of Beach Boulevard and Atlanta Avenue by the addition of a right in/right out access to Beach Boulevard. The study shall also address the frontage road, stacking requirements and improvements. 7. The proposed primary access point to the development from Beach Boulevard is shall not be allowed. 2 G:\Nguyen\Design Review\21132 Beach--Beach PromenadeTublic Works Conditions 09.23.08.doc ATTACH m J' HUNTINGTON BEACH FIRE DEPARTMENT PROJECT IMPLEMENTATION CODE REQUIREMENTS HUNTINGTON BEACH DATE: JANUARY 27, 2008 PROJECT NAME: BEACH PROMENADE ENTITLEMENTS: PLANNING APPLICATION NO. 08-062 PROJECT LOCATION: 21132 BEACH, HUNTINGTON BEACH, CA PLANNER: TESS NGUYEN, ASSOCIATE PLANNER TELEPHONE/E-MAIL: (714) 374-1744/tnguyen@surfcity-hb.org PLAN REVIEWER-FIRE: DARIN MARESH, FIRE DEVELOPMENT SPECIALIST TELEPHONE/E-MAIL: (714) 536-5531/dmaresh@surfcity-hb.org PROJECT DESCRIPTION: TO PERMIT A 5,870 SQ. FT. ADDITION AND AN EXTERIOR MODIFACATION OF AN EXISTING SHOPPING CENTER; THE PROJECT ALSO INCLUDES A VARIANCE FOR A 38-PARKING SPACE REDUCTION FOR THE BUILDING ADDITION. The following is a list of code requirements deemed applicable to the proposed project based on plans received and dated October 1, 2008. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer- Fire: DARIN MARESH, FIRE DEVELOPMENT SPECIALIST. PRIOR TO DEMOLITION, GRADING, SITE DEVELOPMENT, ISSUANCE OF GRADING PERMITS, BUILDING PERMITS, AND/OR CONSTRUCTION, THE FOLLOWING SHALL BE REQUIRED: Fire Hydrants and Water Systems Fire Flow Requirements— 3,250 gpm for 3 hours out of 3 hydrants Private Fire Hydrant are required. Hydrant must be portrayed on the site plan. Hydrants shall be installed and in service before combustible construction begins. Installation of hydrants and service mains shall meet NFPA 13 and 24, 2002 Edition, Huntington Beach Fire Code Appendix B and C, and City Specification # 407 Fire Hydrant Installation Standards requirements. Private fire hydrants shall not be pressurized by Fire Department Connections to the sprinkler system. The system design shall ensure that recirculation of pressurized water from the hydrant, thru the FDC and back through the sprinkler system supply to the hydrant does not occur. Installation of the private fire service main, including fire department connections, shall meet NFPA 13 and 24, 2002 Edition requirements. Maximum allowed velocity of fire flow in supply piping is 12 fps. The ATTACHMENT NO. __1 _A Page Z of 5 maintenance of private fire hydrants is the responsibility of the owner or facility association. Shop drawings shall be submitted to and approved by the Fire Department. For Fire Department approval, portray the fire hydrants and reference compliance with City Specification #407 Fire Hydrant Installation Standards in the plan notes. (FD) Note: Fire Department is requiring the Private Fire Hydrant to be located adjacent to the South East Corner of building #3. We ask the developer to contact the Fire Department for additional information on hydrant location to be plotted on architectural plans. Private Fire Service Piping (FSP) Application for permit shall be made for private on-site Fire Service Piping (FSP), including but not limited to, private fire service mains and underground sprinkler laterals. Maximum allowed velocity of fire flow in supply piping is 12 fps. Additionally, application for permit shall be made for fire protections systems (sprinklers, alarms, chemical, fire pumps, etc.) as applicable. Permits may be obtained at the City of Huntington Beach Department Fire Department by completing a Fire Permit Form (available at Fire Administration) and submitting such plans and specifications as required by the bureau of fire prevention. A permit constitutes permission to begin work in accordance with approved plans and specifications. The permit fee includes plan checking and inspections by an authorized fire prevention inspector. Development reviews/approvals by the bureau of fire prevention during planning do not constitute approval to perform FSP or fire protection system work, unless otherwise noted. (FD) Private Fire Service Connection to the Public Water Supply- Separate plans shall be submitted to the Public Works Department detailing the connection, piping, valves and back-flow prevention assembly (DDCA) for approval and permits. Approval by Public Works and the Fire Department must be completed prior to issuance of a grading permit. The dedicated private fire water service off-site improvements shall be shown on a precise grading plan, prepared by a Licensed Civil Engineer. (FD) Fire Access Roads (currently existing) shall be maintained in compliance with City Specification # 401, Minimum Standards for Fire Apparatus Access. Driving area shall be capable of supporting a fire apparatus (75,000 Ibs and 12,000 lb point load). Minimum fire access road width is twenty-four feet (24') wide, with thirteen feet six inches (13' 6") vertical clearance. Fire access roads fronting commercial buildings shall be a minimum width of twenty- six feet (26') wide, with thirteen feet six inches (13' 6") vertical clearance. For Fire Department approval, reference and demonstrate compliance with City Specification #401 Minimum Standards for Fire Apparatus Access on the plans. (FD) Fire Access Road Turns and Corners (currently existing) shall be maintained with a minimum inner radius of seventeen feet (17') and a minimum outer radius of forty five feet (45') per City Specification # 401 Minimum Standards for Fire Apparatus Access. For Fire Department approval, reference and demonstrate compliance with City Specification #401 Minimum Standards for Fire Apparatus Access on the plans. (FD) Page 3 of 5 Fire Lanes (currently existing), as determined by the Fire Department, shall be posted, marked, and maintained per City Specification #415, Fire Lanes Signage and Markings on Private, Residential, Commercial and Industrial Properties. The site plan shall clearly identify all red fire lane curbs, both in location and length of run. The location of fire lane signs shall be depicted. No parking shall be allowed in the designated 24 foot wide fire apparatus access road or supplemental fire access per City Specification #415. For Fire Department approval, reference and demonstrate compliance with City Specification #401 Minimum Standards for Fire Apparatus Access on the plans. (FD) Automatic Fire Sprinklers. NFPA13 Automatic fire sprinkler systems are required per Huntington Beach Fire Code for new buildings with "fire areas" 5000 square feet or more or for buildings 10,000 square feet or more. An addition of square footage to an existing building also triggers this requirement. Separate plans (three sets) shall be submitted to the Fire Department for permits and approval. The system shall provide water flow, tamper and trouble alarms, manual pull stations, interior and exterior horns and strobes, and 24-hour central station monitoring. Automatic fire sprinkler systems must be maintained operational at all times, with maintenance inspections performed quarterly and the system serviced every five years by a state licensed C-16 Fire Protection Contractor. For Fire Department approval, reference that a fire sprinkler system will be installed in compliance with the Huntington Beach Fire Code, NFPA 13, and City Specification #420 - Automatic Fire Sprinkler Systems in the plan notes. NOTE: When buildings under construction are more than one (1) story in height and required to have automatic fire sprinklers, the fire sprinkler system shall be installed and operational to protect all floors lower than the floor currently under construction. Fire sprinkler systems for the current floor under construction shall be installed, in-service, inspected and approved prior to beginning construction on the next floor above. (FD) Modification, additions, or deletions to an existing automatic fire sprinkler system or fire alarm system shall require that separate plans (three sets) shall be submitted to the Fire Department for permits and approval. Any extended interruption of the fire sprinkler system operation will require a "fire watch", approved by the Fire Department. Reference compliance with City Specification # 420 - Automatic Fire Sprinkler Systems and NFPA 13 in the plan notes. (FD) Fire Department Connections (FDC) to the automatic fire sprinkler systems shall be located to the front of the building, at least 25 feet from and no farther than 150 feet of a properly rated fire hydrant. (FD) MPFA 13 Commercial Fire Sprinkler Systems Supply shall be from a dedicated fire water service installed per Fire Department, Public Works, and Water Division Standards. The Page 4 of 5 dedicated fire water service connection shall be a minimum of four inches (4") in size. Depending on fire sprinkler system demands, larger water service may be required. Separate plans shall be submitted to the Public Works Department for approval and permits, and must be completed prior to issuance of a grading permit. The dedicated fire water service off-site improvements shall be shown on a precise grading plan, prepared by a Licensed Civil Engineer. Contact Huntington Beach Public Works Department (714-536-5431) for offsite water improvement requirements. (FD) Trash Dumpsters or containers with an individual capacity of 1.5 cubic yards (40.5 cubic feet) or more shall not be stored in buildings or placed within 5 feet of combustible walls, openings or combustible roof eave lines unless protected by an approved fire sprinkler system. HBFC 1103.2.2 For Fire Department approval, reference and demonstrate compliance with HBFC 1103.2.2 (FD) Fire Extinguishers shall be installed and located in all areas to comply with Huntington Beach Fire Code standards found in City Specification #424. The minimum required dry chemical fire extinguisher size is 2A 10BC and shall be installed within 75 feet travel distance to all portions of the building. Extinguishers are required to be serviced or replaced annually. (FD) THE FOLLOWING CONDITIONS SHALL BE MAINTAINED DURING CONSTRUCTION: a. Fire/Emergency Access And Site Safety shall be maintained during project construction phases in compliance with HBFC Chapter 14, Fire Safety During Construction And Demolition. (FD) b. Fire/Emergency Access And Site Safety shall be maintained during project construction phases in compliance with City Specification #426, Fire Safety Requirements for Construction Sites. (FD) OTHER: a. Discovery of additional soil contamination or underground pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly in compliance with City Specification #431-92 Soil Clean-Up Standards. (FD) b. Outside City Consultants The Fire Department review of this project and subsequent plans may require the use of City consultants. The Huntington Beach City Council approved fee schedule allows the Fire Department to recover consultant fees from the applicant, developer or other responsible party. (FD) Fire Department City Specifications may be obtained at: Huntington Beach Fire Department Administrative Office City Hall 2000 Main Street, 5th floor Huntington Beach, CA 92648 or through the City's website at www.surfcity-hb.org ATTACHMENT N . �' - Page 5 of 5 If you have any questions, please contact the Fire Prevention Division at (714) 536-5411. S:\Prevention\1-Development\1-Planning Department-Planning Applications, CUP's\2008 CUP's\Beach 21132 Beach Promenade PA#08-062 CUP#08-007 01-27-09#2 DM.doc Hn HUNTINGTON EACH PUBLIC WORKS DEPARTMENT HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: FEBRUARY 4, 2009 PROJECT NAME: BEACH PROMENADE ENTITLEMENTS: CONDITIONAL USE PERMIT NO. 08-013; DESIGN REVIEW NO. 08-013; VARIANCE NO. 08-007 PLNG APPLICATION NO: 2008-0062 DATE OF PLANS: SEPTEMBER 23, 2008 PROJECT LOCATION: 21132 BEACH BOULEVARD, HUNTINGTON BEACH PROJECT PLANNER: TESS NGUYEN, ASSOCIATE PLANNER TELEPHONE/E-MAIL: (714) 374-1744 /TNGUYEN(a)-SURFCITY-HB.ORG PLAN REVIEWER: STEVE BOGART, SENIOR CIVIL ENGINEER TELEPHONE/E-MAIL: 714-374-1692 /SBOGART(D-SURFCITY-HB.ORG PROJECT DESCRIPTION: TO PERMIT A 5,570 SQ. FT. ADDITION AND AN EXTERIOR MODIFICATION OF AN EXISTING SHOPPING CENTER. ALSO INCLUDES A VARIANCE FOR A 38-PARKING SPACE REDUCTION FOR THE BUILDING ADDITION. TEXT IN THE FOLLOWING MEMO THAT IS ITALICIZED AND BOLD INDICATES THE LATEST REVISIONS TO THE DEVELOPMENT REQUIREMENTS. ALL OTHER DEVELOPMENT REQUIREMENTS ARE PER THE PREVIOUS MEMO TO THE PLANNING DEPARTMENT DATED OCTOBER 30, 2008. The following is a list of code requirements deemed applicable to the proposed project based on plans as stated above. The items below are to meet the City of Huntington Beach's Municipal Code (HBMC), Zoning and Subdivision Ordinance (ZSO), Department of Public Works Standard Plans (Civil, Water and Landscaping) and the American Public Works Association (APWA) Standards Specifications for Public Works Construction (Green Book), the Orange County Drainage Area management Plan (DAMP), and the City Arboricultural and Landscape Standards and Specifications. The list is intended to assist the applicant by identifying requirements which shall be satisfied during the various stages of project permitting, implementation and construction. If you have any questions regarding these requirements, please contact the Plan Reviewer or Project Planner. THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A DEMOLITION PERMIT: 1. Applicant shall provide a consulting arborist report on all the existing trees. Said report shall quantify, identify, size and analyze the health of the existing trees. The report shall also ATTACHMENT . Page 2 of 6 recommend how the existing trees that are to remain (if any) shall be protected and how far construction/grading shall be kept from the trunk. (Resolution 4545) a. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A GRADING PERMIT: 1. A Precise Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. (MC 17.05/ZSO 230.84) The plans shall comply with Public Works plan preparation guidelines and include the following improvements on the plan: a. The existing sewer laterals and private sewer main, serving the subject site, may potentially be utilized if there are of adequate size, conform to current Public Works Standards and are determined to be in serviceable condition by submitting a video of said sewer laterals and sewer main. If the sewer is determined to be inadequate, new sewer laterals and the private sewer main shall be installed, connecting to the main in the Atlanta Avenue, per Public Works Standards. (ZSO 230.84) b. Separate domestic water services and meters to 21022 and 21132 Beach Blvd shall be installed per Water Standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The domestic water services shall be a minimum of 2- inches in size. (ZSO 230,84) Revision to requirement — The existing domestic water meter to 21132 Beach Blvd shall be abandoned and removed per Water Division Standards since the meter location does not comply with current standards and code requirements. A new domestic water meter shall be installed per Water Division Standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). (MC 14.16.070) C. Separate dedicated fire service line(s) with backflow protection device(s) shall be constructed per Water Standards for the fire sprinkler system(s) required by the Fire Department to serve 21022 and 21132 Beach Blvd. (ZSO 230.84) d. Separate backflow protection devices shall be installed per Water Division Standards on all existing and new domestic and irrigation water services to buildings owned by the developer. (Resolution 5921 and Title 17) Revision to requirement — Separate backf/ow protection devices shall be installed per Water Division Standards, on all new water services to buildings owned by the developer, and screening through landscape shall be in accordance to City's Water Efficient Landscape Requirements. (Resolution 5921, Title 17 State Regulation, and MC 14.52) According to Planning Department and based on ZSO 230.84, all new backflow protection devices shall be screened from view from the public Right-of-Way and shall be prohibited in the front yard setback. Based on the Planning Department, the front yard setback along the frontage road is 10 feet. (ZSO 230.76) G:\Nguyen\Design Rev'.ew\Zl 132 Beach--Beach Promenade\Pnblic Works Comments 02.04.09.doc ATTACHMENT NOd 8 -L- Page 3 of 6 e. The existing water service and meter serving 21022 and 21132 Beach Blvd shall be abandoned per Water Standards. (ZSO 230.84) Revision to requirement —All new meters shall be placed at the curb line of the street, in the public Right-of-Way, per Water Division Standards. The existing water meter serving 21132 Beach Blvd will no longer be utilized and therefore shall be removed or abandoned per Water Division Standards. (MC 14.16.070) f. A separate irrigation water service and meter shall be installed per Water Division Standards. The water service shall be a minimum of 1-inch in size. (ZSO 232) g. If the Fire Department requires upgrades to the fire water pipelines, a hydraulic water analysis shall be performed to identify required water improvements. The developer shall be required to upgrade/improve the City's water system to meet the water demands to the site and/or otherwise mitigate the impacts of the property at no cost to the City. (Unless proven otherwise, and approved by the City, these upgrades shall include the design and construction of approximately 1100 lineal feet of 12-in water pipeline and appurtenances, constructed per Water Division standards.) The developer shall meet with the Fire and Public Works Departments to discuss the fire flow and fire hydrant requirements and provide the city with a site plan showing the existing and proposed on- site and off-site water improvements (including pipeline sizes, fire hydrant, meter, and backflow device locations). The developer shall be responsible to pay the City to perform the analysis using the City's hydraulic water model. (ZSO 230.84 and SMA 66428.1(d)) Revision to Requirement — Based on the Fire Department requirement of 3,250 gallons-per-minute from three fire hydrants, and their requirement for the developer to install a new private fire hydrant system at the southeasterly portion of the subject property, a dedicated fire water service with an appropriate backf/ow protection device for the private on-site fire hydrant shall be constructed per Water Division Standards. (ZSO 230.84 and SMlMA 66428.1(d)) h. Existing and proposed locations for the subject site's trash enclosures shall be depicted on the grading plan. The areas shall be paved with an impervious surface, designed not to allow run-on from adjoining areas, designed to divert drainage from adjoining roofs and pavements diverted around the area, and screened or walled to prevent off-site transport of trash. The trash enclosure areas shall be covered or roofed with a solid, impervious material. Connection of trash area drains into the storm drain system is prohibited. If feasible, the trash enclosure areas shall be connected into the sanitary sewer. (DAMP) 2. A Street Improvement Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. (MC 17.05/ZSO 230.84) The plans shall comply with Public Works plan preparation guidelines and include the following improvements on the plan: a. An ADA compliant curb access ramp shall be constructed at the southeast corner of Atlanta Avenue the frontage road. (ZSO 230.84) b. The existing driveway approaches on the Beach Boulevard frontage road and on Atlanta Avenue shall be removed and replaced with an ADA compliant driveway approaches per Public Works Standard Plan No. 211. (ZSO 230.84) GANguyenTesign Review\21132 Beach--Beach PromenadeTublic Works Comments 02,04,09.doc ATTACHMENT NO. Page 4 of 6 C. The existing northerly driveway approach on the Beach Boulevard frontage road shall be removed and replaced with curb, gutter, and sidewalk per Public Works Standard Plan Nos. 202 and 207. (ZSO 230.84) d. The existing southerly driveway approach on the Beach Boulevard frontage road shall be removed. (ZSO 230.84) Revision to Requirement — The existing southerly driveway approach on the Beach Boulevard frontage road shall be removed and replaced with curb, gutter and sidewalk per City Stand Plan Nos. 202 and 207. (ZSO 230.84) e. Relocate the existing streetlight (currently adjacent to the proposed main westerly entrance to the subject site) to a location as approved by the Transportation Division of Public Works. (ZSO 230.84) 3. A twenty-five sight triangle shall be provided at the intersection of Beach Boulevard and Atlanta Avenue. (ZSO 230.88) 4. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect shall be submitted to the Public Works Department for review and approval by the Public Works and Planning Departments. (ZSO 232.04) a. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). b. "Smart irrigation controllers" and/or other innovative means to reduce the quantity of runoff shall be installed. (ZSO 232.04D) C. Standard landscape code requirements apply. (ZSO 232) 5. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (ZSO 232.04B) 6. Landscaping plans should utilize native, drought-tolerant landscape materials where appropriate and feasible. (DAMP) 7. A Consulting Arborist (approved by the City Landscape Architect) shall review the final landscape tree-planting plan and approve in writing the selection and locations proposed for new trees and the protection measures and locations of existing trees to remain. Said Arborist signature shall be incorporated onto the Landscape Architect's plans and shall include the Arborist's name, certificate number and the Arborist's wet signature on the final plan. (Resolution 4545) 8. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (AQMD Rule 403) 9. The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Planning and Public Works Departments. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading-related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/She will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. Signs shall include the applicant's contact number, regarding grading and construction activities, and "1-800-CUTSMOG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. GANguyen\Design Review\21132 Beach--Beach PromenadeTublic Works Comments 02 04.09.doc ATTACHMENT NO. Page 5 of 6 10. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLIED WITH DURING GRADING OPERATIONS: 1. An Encroachment Permit is required for all work within the City's right-of-way. (MC 12.38.010/MC 14.36.030) 2. An Encroachment Permit is required for all work within Caltrans' right-of-way. 3. Existing street tree(s) to be inspected by the City Inspector during removal of concrete and prior to replacement thereof. Tree replacement or root/tree protection, will be specified upon the inspection of the root system. (Resolution 4545) 4. The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material in excess of 5000 cubic yards is required. This plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction-related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. (MC 17.05.210) 5. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (California Stormwater BMP Handbook, Construction Wind Erosion WE-1) 6. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (MC 17.05) 7. Wet down the areas that are to be graded or that is being graded, in the late morning and after work is completed for the day. (WE-1/MC 17.05) 8. The construction disturbance area shall be kept as small as possible. (California Stormwater BMP Handbook, Construction Erosion Control EC-1) (DAMP) 9. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (DAMP) 10. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. (DAMP) 11. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (AQMD Rule 403) 12. Wind barriers shall be installed along the perimeter of the site. (DAMP) 13. All construction materials, wastes, grading or demolition debris and stockpiles of soils, aggregates, soil amendments, etc. shall be properly covered, stored and secured to prevent transport into surface or ground waters by wind, rain, tracking, tidal erosion or dispersion. (DAMP) THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A BUILDING PERMIT: 1. A Precise Grading Permit shall be issued. (MC 17.05) ATTA G:AN'guyen\Design Review\21 li2 Beach--Beach PiomenadeTubllc Works Commems 02 04 09.doc I n T NO. —„ �,,,�'•�, Page 6 of 6 2. Traffic impact fees for commercial development shall be paid at the rate applicable at the time of Building Permit issuance. The current rate of $154 per net new added daily trip is adjusted annually on December 1st. This project is forecast to generate 256 new daily trips for a total traffic impact fee of$39,424. (MC 17.65) THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO FINAL INSPECTION OR OCCUPANCY: 1. Complete all improvements as shown on the approved grading, landscape and improvement plans. (MC 17.05) 2. The current tree code requirements shall apply to this site. (ZSO 232) a. Existing trees to remain on site shall not be disfigured or mutilated, (ZSO 232.04E), and, b. General tree requirements, regarding quantities and sizes, (ZSO 232.08B and C). 3. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect. (ZSO 232.04D) 4. Applicant shall provide City with CD media TIFF images (in City format) and CD (AutoCAD only) copy of complete City Approved landscape construction drawings as stamped "Permanent File Copy" prior to starting landscape work. Copies shall be given to the City Landscape Architect for permanent City record. 5. All applicable Public Works fees shall be paid at the current rate unless otherwise stated, per the Public Works Fee Schedule adopted by the City Council and available on the city web site at http://www.surfcity-hb.org/files/users/public works/fee schedule.pdf . (ZSO 240.06/ZSO 250.16) 6. The Water Ordinance#14.52, the "Water Efficient Landscape Requirements" apply for projects with 2500 square feet of landscaping and larger. (MC 14.52) ATT T G:\N$uyenU3esign Review\21132 Beach—Beach Premenade\Publie Works Commends 02.09.09 doc � Hn HUNTINGTON EACH PUBLIC WORKS DEPARTMENT HUNTINGTON BEACH SUGGESTED CONDITIONS OF APPROVAL DATE: FEBRUARY 4, 2009 PROJECT NAME: BEACH PROMENADE ENTITLEMENTS: CONDITIONAL USE PERMIT NO. 08-013; DESIGN REVIEW NO. 08-013; VARIANCE NO. 08-007 PLNG APPLICATION NO: 2008-0062 DATE OF PLANS: SEPTEMBER 23, 2008 PROJECT LOCATION: 21132 BEACH BOULEVARD, HUNTINGTON BEACH PROJECT PLANNER: TESS NGUYEN, ASSOCIATE PLANNER TELEPHONE/E-MAIL: (714) 374-1744/TNGUYEN(a)-SURFCITY-HB.ORG PLAN REVIEWER: STEVE BOGART, SENIOR CIVIL ENGINEER TELEPHONE/E-MAIL: 714-374-1692 /SBOGART(@-SURFCITY-HB.ORG PROJECT DESCRIPTION: TO PERMIT A 5,570 SQ. FT. ADDITION AND AN EXTERIOR MODIFICATION OF AN EXISTING SHOPPING CENTER. ALSO INCLUDES A VARIANCE FOR A 38-PARKING SPACE REDUCTION FOR THE BUILDING ADDITION. TEXT IN THE FOLLOWING MEMO THAT IS ITALICIZED AND BOLD INDICATES THE LATEST REVISIONS TO THE CONDITIONS OF APPROVAL. ALL OTHER CONDITIONS OF APPROVAL ARE PER THE PREVIOUS MEMO TO THE PLANNING DEPARTMENT DATED OCTOBER 30, 2008. THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A GRADING PERMIT: 1. The site plan shall identify what is the intended use of the space between the drugstore and shop building number 3 and what is the space behind shop building number 3. 2. The site plan shall also identify all emergency doors, transformers, bollards, and miscellaneous built out spaces behind Big Lots, shop building numbers 2 and 3, and the drugstore. 3. The site plan shall also identify the truck dock for Big Lots. 4. A Precise Grading Plan shall include the following improvements on the plan: a. Damaged curb, gutter and sidewalk along the Atlanta Avenue and Beach Boulevard (frontage road) frontages shall be removed and replaced per Public Works Standard Plan Nos. 202 and 207. (ZSO 230.84 and ADA) b. All new water meters shall be constructed in the public R-O-W adjacent to the frontage road. All existing water meters currently located at the building shall be Y g ATTACH GAN u en\Desi a Review\211i2 Beach—Beach PromenadeTublic Works Conditions 02 04,09 doc T tee, i Page 2 of 2 relocated to the public R-O-W adjacent to the frontage road. ("Master metering" of individual meters of multiple businesses in the same building shall be allowed.) Backflow protection devices on new and relocated meters shall be constructed immediately adjacent to the meter. Public Works Department's original condition was modified by Planning Department - see following underlined section (the Office of the Zoning Administrator, Notice of Action dated December 11, 2008, Attachment No. 1, Conditions of Approval) —All new water meters shall be constructed in the public R-O-W adjacent to the frontage road. All existing water meters currently located at the building shall be relocated to the public R-O-W adjacent to the frontage road. ("Master metering" of individual meters of multiple businesses in the same building shall be allowed.) All backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. Revision to condition— The water metering method via "Master metering" of individual meters for multiple businesses in the same building shall be allowed. 5. Developer shall secure or provide evidence of applicable public utility easement documentation for all new and existing public water facilities crossing private property. 6. A Traffic Study shall be provided to support the statement that congestion will be reduced at the intersection of Beach Boulevard and Atlanta Avenue by the addition of a right in/right out access to Beach Boulevard. The study shall also address the frontage road, stacking requirements and improvements. 7. The proposed primary access point to the development from Beach Boulevard is shall not be allowed. Public Works Department's original condition was modified by Planning Department - see following underlined section (the Office of the Zoning Administrator, Notice of Action dated December 11, 2008, Attachment No. 1, Conditions of Approval) — The proposed curb cut and access opening to the development between Beach Boulevard and the frontage road shall only be allowed if the applicant submits an acceptable design for the review and approval by the Public Works Department. All costs associated with the curb cut and access opening shall be the responsibility of the applicant. 2 G:\Nguyen\Design Review\21132 Beach--Beach PromenadeTublic Works Conditions 02.04.09.doc ATTACHMENT NO. CITY OF HUNTINGTON BEACH INTER-DEPARTMENTAL COMMUNICATION ECONOMIC DEVELOPMENT DEPARTMENT SUBMITTED TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH SUBMITTED BY: STANLEY SMALEWITZ, ECONOMIC DEVELOPMENT DIRECTOR DATE: JANUARY 16, 2009 SUBJECT: BEACH PROMENADE: 21022-21190 BEACH BLVD. RESPONSE TO APPEAL OF CONDITIONS OF CUP 2008-013 AND VARIANCE NO. 2008-007 This memo is in response to the Appeal of Conditions filed by Michael C. Adams and Associates on behalf of Beach Promenade Commercial Center. The project is a shopping center refurbishment, which primarily consists of painting, paving and general facade improvement, along with demolition of an existing portion of the center to allow for a 5,000 square foot expansion of an existing building. The applicant proposes encroachment onto a City-owned frontage road abutting the property in order to facilitate additional ingress/egress via Beach Boulevard. The road is located between a median on the northbound side of Beach Boulevard and the Beach Promenade center, both of which are owned by the applicant. The City has indicated in Conditions of Approval that no encroachment onto the frontage road shall be permitted. However, at the Zoning Administrator Hearing of December 10, 2008, it was clarified that there is no objection to access to the frontage road for curb and gutter improvements as required of the applicant by the Public Works Department. The project is located in the Huntington Beach Merged Redevelopment Project Area Subarea 5, formerly known as the Main-Pier Redevelopment Project Area. The Project Area was initially adopted and amended in 1983 for the purpose of eliminating and preventing the spread of conditions of blight, and expanding the commercial base of the project area by recycling and developing underutilized parcels to accommodate higher and better economic uses while enhancing the City's financial resources. While we support redevelopment occurring at the site, the proposed project is primarily a facade refurbishment and does not meet Merged Project Area Plan Goals. The site aesthetics will be improved as a result of the project, but the refurbishment does not truly meet the goals of the Agency's Redevelopment Plan. Therefore, allowing encroachment onto the frontage road, a city-owned asset, to support painting, paving and general facade improvements is inconsistent with prior City or Redevelopment Agency actions and would not be permitted for any other project. It should be noted that the City is currently in negotiations with the owner to potentially buy the street and incorporate this area into its general project. We will prefer that any use of the road be negotiated through this process. The City is currently completing the final draft review of the Beach and Edinger Corridor Study, of which the Beach Promenade Center is identified as a neighborhood center. The planning approach taken to neighborhood centers is to encourage eventual transition of properties to greater land uses and mixture of complementary uses. The proposed refurbishment is not a transition of the property and is therefore also inconsistent with the proposed specific plan for the Beach Boulevard corridor. For these reasons, the Economic Development Department recommends that encroachment onto the frontage road not be permitted for this project. A�TACE. NO, °_N__ ATTACHMENT #6 -7 P L I ACEL 2 PARCELS HUNTING70N CHANNEL PARCEL 4 PARCELS nIIP� 74 Ll 6 SHOPS 1 SHOPS I BIG LOTS MARKET EXISTING BU' EXISTING BUILDING ILDING j:. BUILDING EXISTING BUILD H,137 SQ. 6 L. BUILDING; U.040$0.sash SO.Fr. 26,—SQ. DRL G STORE Ll J i L11 I��l J I T G AREA PARKIN TIFI�TTQ�TFJ F-1-1 T-I- M�TMFTFF .......... ----------- -- L— 9W/-9J?1,0 M2 FRONL4GE + E FRb' 'Al ------------------------ 11-------- ------- ------- P" I'R- —T—1s1 A— Sassounian Development Co. BEACH PROMENADE Architects,LLP T 21190 Beach Boulevard HUNTINGTON BEACH,CA Huntington Beach,CA 92648 sassounian@aol.com SITE PLAN —L —2— tltlYtl HUNTINGTON BEACH CHANNEL a`' MARKETP SJ tl JEX AN ON EXISTING --- --- EXISTING RETAIL pl PROPOSED PROPOSED EXISTING DRUG STORE SHOPS EXISTING MARKET SHOPS SHOPS 77-1 Tl I I I I I FRONTAGE ROAD BOULEVARD L — — — — — — — BEACH— . . . . . . . . . . . . . . . . . . B. . . . . . LANDSCAPE AREA lal M14 TOTAL PROPERTY AREA.293,595 SF(6.74 ACRES) LANDSCAPED AREA:(20,320 SF) %OF SITE LANDSCAPING:6.9% PARKING STANDARD PAWING STALLS PROVIDED:336 HANDICAP PARKING STALLS PROVIDED: 8 PRELIMINARY SITE PLAN TOTAL PARKING STALLS a 344 AtueN OCIATES BEACH PROMENADE DESIGNATES ADA PATH-OF-TRAWL BEACH BOULEVAM&ATLANTA AVENUE wYYW W Y W e W W Y W Y YYYYwW w Y Y W W W w W w Y w W W wWwwWe w YY W Y W Nv Y W W W W N W W W e W ELEVATIONAwwYWwe .a. ^d Ww wwww WY w e Y w Y Y e e e SIGI LOTS ELEVATION Al , FF ..�,w,,.„ate y ■ - a E e ,e MARKET ■ o o B 9 B B w ° i ce ELEVATION A2 TM`1J SITE PLAN KEY , Sassounian Development Co. BEACH PROMENADE Wfth,,, a"°�mA,,Me-,LLP 21190 Beach Boulevard HUNTINGTON BEACH,CA Huntington Beach,CA 92648 � sassounian@aot.com EXTERIOR ELEVATIONS YbbW u waaWw r Y i W a1iW•• ,p p i W b W i w a w w w w tl w Y Y b•N • r w N b • tl w i b W i b M • p ELEVATION F w w W w w w b w r W wr•br rwrra i• w w tl a r• r A ♦ O a O O 0 4 0 e s ELEVATION E ELEVATION C A O ELEVATION D ELEVATION B TM� SITE PLAN KEY W Sassounian Development Co. BEACH PROMENADE W heeMzlcmmn"ne"s."° 21190 Beach Boulevard oii °ass Huntington Beach,CA 92648 HUNTINGTON BEACH,CA Sasso ml.n@aol.com EXTERIOR ELEVATIONS o„E 1a�a I I I - b ! I-� r I 1 + � I • Y• « « I«I ��','\ - III Y 4 YI I r I 1 I _ - - - ya•Y _— I " • r C „ „ Z. ffi a - - ---- ---- - - - _ I - „ II ________^____ _______�_____________n_________„____________ _______ _ ________________ ___________ m - y -� ---- ----- p ---------a--- -m-- - ----------- -------- - ------- ---------= — -- m a v. , v. - - - - - - - - - - - - - — - - - - - - — - - - - - - - - - - - -_ - e, a -------- - q �_ PLANTING LEGEND Suggested Shrub List Turfed Parking Areas ENTRY DESIGNATION Car issa'Green Carpet' (Green Carpet Natal Plum) Paspalum vaginatum Washingtonia robusta (Mexican Fan Palm) 25'brown trunk Conceptual Landscape Plan # { Escallonia organiensis (Escallonia) (Seashore Paspalum gFgCH•ATNTA STREET EDGE >` Laura siskiyou'Pink' (Laura) Archont LAopho m x cunninghamiana (King Palm)12'•13'of trunk height Mal Land Plan M w Hemerocallis'mixed colors' (Daylily) Leptospennumcultvars INTERIOR PARKING ACCENT Rhaphiolepsis cultivars Washingtonia robusta (Mexican Fan Palm)12'brown trunk Lavendula dentata (French Lavender) Rosmarinus'Tuscan Blue' (Tuscan Blue Rosemary) EDGE SCREEN o 30 W X, 120 Westringia fruticosa (Coast Rosemary) Lagunaria patersonii (Primrose Tree)24'box C� 23Se08 Phorium cultivars ® P08 Senecio repens (Blue Pickle) 1'=30' Pelargonium peltatum (Ivy Geranium) PARKING EDGE SCREENING Agapanthus cultivars (Lily of the Nile) Pittosporum tobira variegata (Variegated Mock Orange)pruned to 30'height five gallon w w w w r w a O,C.FLOOD CONTROL DRAINAGE ".N w w w w m l --------------------------------------------------- - www I w I x+ wa aw wa+ w EXISTING EXISTING BANK SHOPS 1 BIG LOTS SHOPS 2 DRUGSTORE SHOPS 3 Z 8,705 S0.F7. O9 8,160 SQ.FT. 26,340 SO,FT, 7,000$0,FT. 19,962 S0.FT. 14,9C0 50.Fi. yp W w w lP- 11H � I — I a a ® HIM 11 NIN a ;III �— I J Q /O KIN EA �— I I I ------- -- - - - - — — ' I BEACH BOULEVARD I I I I I I -------_ __ _________________________________________ ___ I i EXISTING BUILDING AREA PARKING EXISTING BANK 8'mso.FT. EXISTING PARKING SPACES 274 SHOPS i 0,160S0.FT. BIG LOTS 28,340 So.FT, SHOPS 2 7,000 SO.FT. EXISTING DRUG STORE 19,96280,FT. NMTM uak t=3d-0' SHOPS 3 16,960 S0.FT. TOTAL 85,107 S0.FT, 0 3a W 9G i2o Sassounlan Development Co. BEACH PROMENADE WINeeMaic°ImA"""°".LLP 21190 Beach Boulevard HUNTINGTON BEACH,CA �>�j==+, Huntington Beach,CA 92648 Uu) sassounian@aoLcom EXIStICIg Site Plan ATTACHMENT #7 WDH Consulting Services Development Strategies and Solutions September 22, 2008 SP 232008 Ms. Tess Nguyen, Associate Planner Planning Department 2000 Main Street Huntington Beach, CA 92648 Subject: Design Review No. 2008-13 and Conditional Use Permit No. 2008-13 Beach Promenade Shopping Center Remodel REVISED SITE PLAN & ELEVATIONS Dear Tess: As I mentioned to you over the phone last week, Rite Aid Corporation has been evaluating different floor plan and fixture plan options for their proposed relocation to the vacant bank building at 21002 Beach Boulevard to gain their corporate approval. On our June 19, 2008 plan submittal, we had requested a slight reduction in footage from 12,000 to 11,700 square feet for this building, but after additional review, Rite Aid would like us to revise the building back to 12,000 square feet as previously proposed, with one pharmacy drive-through lane located on the south side of the building. At your request, I am submitting 12 sets of the following revised plans for the remodel of the center: 1. Architectural Elevations (two sheets) showing the minor changes to the elevations of the Rite Aid building to reflect the revised footprint 2. Architectural Site Plan reflecting the revised Rite Aid building footprint and square footage, buildings summary and zoning conformance matrix 3. Civil Engineer Preliminary Site Plan reflecting revised Rite Aid building footprint, revised sidewalk and expanded plaza seating area in front of the Shops 3 building, and revised ATM kiosk location 4. Conceptual Landscape Plan, revised to match the site plan For your convenience, a revised project narrative reflecting the corrected square footages is also enclosed. There is no change to the number of parking spaces provided (344) nor the variance request filed on August 6, 2008 to permit a minimum of 340 parking spaces (A revised variance justification letter is attached, with minor changes highlighted). The amount of landscaped area proposed has increased to 6.9 percent as described below. The ATM kiosk has also been relocated to provide better pedestrian access and reduce conflicts with vehicular movements. An enlarged detail of the ATM location and specifications are also attached. 21190 Beach Boulevard (949) 887-0118 Huntington Beach, CA 92648 bholman2008@gmaii.com The revised site plan also incorporates the Design Review Board's recommendations for additional areas of enhanced paving to define the pedestrian path of travel at vehicular crossings, as well as a new sidewalk across the south end of the frontage road to provide a pedestrian connection to the apartment development to the south. We have also expanded the sidewalk in front of the proposed market from 10 feet to 12 feet and in front of the Shops 3 building to provide a 15-20 foot wide plaza for seating areas per the DRB's recommendation to provide a plaza or courtyard, which Scott Hess agreed could be counted as landscape area with proper enhancements. While we feel this area is adequate, additional seating and landscaping areas could be provided in front of the Shops 3 building with the removal of 2-3 parking spaces at this location. If the staff and Zoning Administrator were willing to approve the additional parking variance, we would be willing to enlarge this amenity. Please call me if you have any questions regarding the revised plans or if you require additional information to complete your review of this application. We are anxious to proceed to a public hearing. Thank you for your continued assistance with this project. Very truly yours, Bill Holman Enclosures: Revised Project Narrative Revised Variance Justification Letter Enlarged ATM Kiosk area exhibit and specifications Revised Architectural Site Plan and Exterior Elevations Revised Engineer's Preliminary Site Plan Revised Conceptual Landscape Plan cc: Bijan Sassounian b—HCH PROMENADE REMODEL N/A ,rCATIVE REVISED SEPTEMBER 17, 2008 Location: 21022-21190 Beach Boulevard Southeast corner of Beach Boulevard and Atlanta Avenue Request. Zoning Administrator approval of Conditional Use Permit and Design Review applications for remodel and minor expansion (5,870 net square feet) of existing retail center. Remodel includes construction of new building fagades and architectural enhancements, revised access, restriping of parking lot for 70 additional parking spaces, and provision of additional landscaping. Zoning and The property is zoned Commercial General (CG). General Plan: The General Plan designation for the site is Commercial General with Density F1 (.35 F.A.R.). Site Area: 6.74 net acres Project Description: Applicant proposes to make the following minor modifications to three existing buildings to accommodate a new gourmet market anchor for the center. In addition, applicant proposes to update and improve the appearance of the center by constructing new Mediterranean-style facade improvements and adding site landscaping. Existing Buildings Proposed Modifications Address Size (sq ft) Use Rev. Size 21022 8,705 bank remodel &expand building by 12,000 (vacant) 3,295 sf for drug store use with drive-through pharmacy 21032-21076 8,160 shops new fagade improvements 8,160 21062 26,340 dept store new fagade improvements 26,340 21094-21116 7,000 shops new facade improvements 7,000 21132 19,962 drug add 3,475 sq ft storage area 23,437 & loading dock for new gourmet market 21142-21190 14,940 shops remove 900 sq ft shops 14,040 (replaced by loading dock) Total 85,107 90,977 Parking: The center currently provides 274 striped parking spaces. The proposed site plan provides 344 spaces, an increase of 70 spaces. Access: A new primary access point (right-in, right-out) is proposed to be provided to Beach Boulevard to improve access and circulation to the center and to reduce congestion at the Beach/Atlanta intersection. Surrounding Uses North: Medium density residential, single family homes across Atlanta Avenue East: Flood control channel and medium density residential townhomes South: Medium-high density residential apartments West: Medium density residential townhomes across Beach Boulevard City of Huntington Beach September 23, 2008 SEP 2 ,9 20U8 Ms. Tess Nguyen, Associate Planner Planning Department 2000 Main Street Huntington Beach, CA 92648 Subject: Variance Application—REVISED (revisions shown in bold) Beach Promenade Retail Center, Beach Boulevard &Adams Avenue Conditional Use Permit No. 2008-013, Design Review No. 2008-013 Dear Tess: Enclosed please find an application for a variance to permit a deviation of less than 20 percent to the parking requirements for the minor expansion of the Beach Promenade Retail Center, as outlined in your Notice of Filing Status letter dated July 15, 2008. The following are our justifications for requesting this deviation: (a) What exceptional circumstances apply to the subject property (including size, shape, topography, location or surroundings)that deprive it of privileges normally enjoyed? The subject property is a condominium (multi-owner) shopping center constructed in the mid-1960's. At that time, the State of California had plans to extend the 605 Freeway through Huntington Beach to Newport Beach. As part of development of the shopping center, the original developer in 1966 deeded a strip of the frontage of the property along Beach Boulevard, approximately 110 feet in width, to the State of California for freeway right of way, and constructed a frontage road (89 feet wide) within a portion of this area. The frontage road also extended an additional 500 feet south of the commercial center toward Pacific Coast Highway. Shortly thereafter, Caltrans abandoned the freeway extension project, and in 1967 the State of California relinquished the frontage road adjacent to the center (and to the south of the center) to the City of Huntington Beach. The State in 1981 deeded the 22-foot wide parcel of land between the frontage road and Beach Boulevard to Sassoon-Mayer Development Company. In 1982, the City approved the Breakers residential project immediately south of the shopping center, and abandoned and deeded the portion of the 89-foot wide frontage road within the residential project to the residential developer in exchange for developer construction of a 32-foot wide frontage road directly adjacent to Beach Boulevard. Street improvement plans for the extension of the 32-foot wide frontage road north to Atlanta Avenue in front of the shopping center were approved by the City, but the formal abandonment of the existing frontage, road was deferred indefinitely by the City Administrator pending an analysis of the need for and functionality of a frontage road at all to serve the commercial development along Beach Boulevard. The Applicant at this time desires to renovate the shopping center and construct minor expansions to two of the center's six buildings totaling 5,870 square feet, or 6.9 percent of the center's current total leasable area of 85,107 square feet. The Applicant also proposes 1 to remodel the parking areas of the site to provide a major landscaped entry drive, to increase the amount of site landscaping from 0.87 percent of the site to 6.9 percent of the site, and to increase the number of parking spaces from 274 to a minimum of 340 spaces*, an increase of 66 spaces, or 24 percent. (*the final number of parking spaces provided may change slightly depending on the final approved locations of required fire detection checks, backflow prevention devices, additional seating areas, etc,). Staff has indicated that an additional 30 spaces are required for the proposed expansion, but that the revised total of 340 spaces is deficient by 38 spaces. Applicant submitted an alternate site plan to provide substantial additional parking spaces within a portion of the underutilized frontage road and offered to construct such parking improvements as part of the shopping center renovation project. This alternate site plan was rejected by the Economic Development Department, leaving Applicant no choice but to request a variance to allow a deficiency of up to ten percent of required parking spaces, based on exceptional circumstances. Applicant engaged LSA Associates to prepare an "Access and Parking Analysis" for the center based on existing uses, parking usage and proposed uses at the shopping center. The LSA Analysis calculates the required parking for the center, including the proposed building expansions, at between 263 and 276 spaces. A copy of this analysis is attached. (b) Explain why the request will not constitute a grant of special privilege. The requested reduction in the number of additional parking spaces provided does not grant any special privileges to the owners of the shopping center, who propose to invest several hundred thousand dollars in their desire to renovate the 40 year-old center. The 274 existing spaces in the parking areas of the center are rarely utilized to 50 percent of capacity, let alone full capacity. Applicant is unable to provide the required site landscaping and entry road required by code and design guidelines without some impact on the total number of parking spaces provided. Applicant believes the redesign and reconstruction of the center's access and parking field and addition of significant areas of landscaping to conform with the design guidelines justifies the slight reduction (10 percent) to the amount of parking recommended by staff. (c) Why is this request necessary for the preservation and enjoyment of one or more substantial property rights when compared with other properties in the same zoning designation? The Beach Promenade Center was designed and developed in the 1960's using different code requirements for buildings, utilities, parking and landscaping. Over the years, City and State building codes, zoning ordinances and community design standards have become more restrictive and burdensome, particularly in the areas of handicap access and parking, fire access and prevention, energy efficiency, landscaping, refuse collection, water quality, etc., making rehabilitation of older centers increasingly expensive from a cost standpoint and difficult to achieve without loss of leasable area (income)to center owners. Applicant could continue to enjoy his property rights and operate the center as-is, however, in this case, applicant and other owners at the center are proposing to improve and update the appearance and efficiency of the center in order to retain and attract high quality retail tenants in a very competitive marketplace, as well as make the center more aesthetically pleasing for the community it serves. AppGGenf is seeking a minor parking variance to be 2 able to improve the center for the benefit of the center's owners, tenants and community at large. (d) State reasons why the granting of the request will not be materially detrimental to the public welfare. As stated above, granting of the request for a minor reduction in the number of additional parking spaces provided will serve to benefit the public by resulting in a shopping center that is more modern, efficient and attractive to both merchants and customers, which should result in increased patronage, sales activity and sales tax revenues for the City of Huntington Beach. The privately financed improvements to the structures and property will also generate substantial permit fees and increased property assessments and tax revenues for the City. For .the above reasons, we respectfully request the Zoning Administrator's favorable consideration of this variance application. Sincerely, Bran Sassounian Enclosure: LSA Parking Demand Survey 3 ATTACHMENT #8, �J Huntington Beach Planning Commission • 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION March 11, 2009 Bill Holman Michael C. Adams Associates 21190 Beach Boulevard Huntington Beach CA 92648 SUBJECT: APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF CONDITIONAL USE PERMIT NO. 08-013 AND VARIANCE NO. 08-007 (BEACH PROMENADE COMMERCIAL CENTER) APPLICANT/ APPELLANT: Bill Holman, Michael C. Adams Associates REQUEST: CUP: To permit the construction of two additions totaling approximately 5,870 sq. ft. and a comprehensive exterior fagade remodel of an existing commercial/retail shopping center and on-site parking ►ot improvements including new landscaping. VAR: To allow 340 parking spaces in lieu of the minimum required 380 parking spaces (40 space reduction) in conjunction with the expansion of the shopping center. PROPERTY OWNERS: Bijian Sassounian, 21190 Beach Boulevard, Huntington Beach CA 92648 James Diebold, PNS Stores, Inc., 300 Philipi Road, Columbus OH 43228 Sigma Enterprises, Inc., 111 S Kraemer Blvd #C, Brea CA 92821 LOCATION: 21022-21190 Beach Boulevard (southeast corner of Beach Boulevard and Atlanta Avenue) DATE OF ACTION: March 10, 2009 On Tuesday, March 10, 2009, the Huntington Beach Planning Commission took action on your application, and your application was conditionally approved. Attached to this letter are the findings and conditions of approval. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org Notice of Action:CUP 08-013/VAR 0&- - March 10, 2009 Page 2 Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand, Five Hundred Forty-One Dollars ($1,541.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Two Thousand Three Hundred Seventy-Nine Dollars ($2,379.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is March 20, 2009 at 5:00 PM. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, unless actual construction has started. "Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020." If you have any questions, please contact Tess Nguyen, the project planner, at tnguyen@surfcity-hr.org or (714) 374-1744 or the Planning Department Zoning Counter at (714) 536-5271. Sincerely, Scott Hess, Secretary Planning Commission By: Herb Fauland, Planning Manager SH:HF:TN:lw Attachments: 1. Findings and Conditions of Approval —CUP No. 08-013NAR No. 08-007 2. Public Works Department Project Implementation Code Requirements.dated February 4, 2009 c: Honorable Mayor and City Council Chair and Planning Commission Fred Wilson, City Administrator Scott Hess, Director of Planning Bill Reardon, Division Chief/Fire Marshal Leonie Mulvihill, Senior Deputy City Attorney Kellee Fritzal, Deputy Director of Economic Developmenrt Steve Bogart, Senior Civil Engineer Gerald Caraig, Permit-Plan Check Manager Property Owner Project File ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2008-013 AND VARIANCE NO. 2008-007 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the proposed project consists of an addition of less than 10,000 sq. ft. of floor area to existing structures on a site where public services and facilities area available and the surrounding area is not environmentally sensitive. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2008-013: 1. Conditional Use Permit No. 2008-013 to permit the construction of two additions totaling approximately 5,870 sq. ft. to an existing commercial/retail shopping center will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The subject property is designated for commercial general development under the General Plan. The proposed project is consistent with the permitted uses and development standards within this designation. Residential uses are located approximately 115 feet to the north across Atlanta Avenue, 105 feet to the east across the flood channel, and 75 feet to the south. Since the activity areas on the site, including parking areas and building entrances, are oriented toward Beach Boulevard, the residential properties are sufficiently buffered. The proposed project will not generate significant noise, odors, traffic above levels already established by existing uses on site. 2. The conditional use permit will be compatible with surrounding uses because the proposed project is a minor expansion and fagade remodel of an existing neighborhood shopping center. The proposed building is designed with colors and materials that complement surrounding residential neighborhoods by incorporating enhanced architectural details and materials such as tile roofs, plaster exterior finishes, trellises, awnings, and Mediterranean colors. 3. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, except for the parking variance approved concurrently. The project complies with land use limitations, minimum landscaping and building setbacks and maximum floor area ratio, among others. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG-F1 (Commercial General — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 7.1.1: Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. LU 10.1.1: Accommodate the development of neighborhood, community, regional, office and visitor- serving commercial uses in areas designated on the Land Use Plan in accordance with Policy 7.1.1. G:PC\NOA\09\CUP 08-013NAR 08-007 Attachment 1.1 LU 10.1.4: Require that commercial buildings and sites be designed and developed to achieve a high level of architectural and site layout quality. ED 2.4.1: Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. The proposed project consists of additions to an existing neighborhood commercial/retail shopping center in an area designated for commercial uses on the Land Use Plan. The addition will facilitate the expansion and introduction of businesses such as a grocery store and drug store intended to serve the surrounding residential neighborhood. The project design features quality architecture and exterior finish materials (plaster and decorative metal elements), a variety of roof lines and fagade treatments, and a functional site layout with efficient access from parking areas to building entrances. The project will improve the existing building fagades and modernize the shopping center. FINDINGS FOR APPROVAL -VARIANCE NO. 2008-007: 1. The granting of Variance No. 2008-007 to allow 340 parking spaces in lieu of the minimum required 380 parking spaces will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. This represents a 40-space (10.5%) reduction in the required number of parking spaces. In the past, the City has allowed comparable reduction in the parking requirement for other similarly sized shopping centers in the same zoning classification through conditional use permits. 2. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The variance will not constitute a grant of special privilege because the project site presents a special circumstance (an existing frontage road adjacent to the property) which is inconsistent with the limitations on other properties and which is remedied, in part, by the granting of the requested variance. The project site is encumbered by a frontage road adjacent to the site that rendered the site narrow and long as compared to other shopping centers with similar mix of tenants along Beach Boulevard and Edinger Avenue. This frontage road represents a constraint to development of the site, absent which additional parking spaces may be provided on site to meet the code required minimum. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The requested variance is necessary to offset a unique constraint to development represented by an existing frontage road adjacent to the property, absent which the property could accommodate the additional parking spaces needed for code compliance. In addition, the variance is needed to enjoy the substantial property right of improving and expanding the existing center to create a commercially viable shopping center with neighborhood uses such as a market, a drug store, restaurants, and personal services. In doing so, this center is able to compete with other shopping centers in the vicinity. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The proposed addition and remodel allows the existing commercial buildings to be designed and developed to achieve a high level of architectural and site layout quality. The parking area is designed to maximize the use of site while providing for efficient and convenient site access and internal circulation. To substantiate the reduction in the parking requirement, the applicant submitted the Access and Parking Analysis, prepared by LSA Associates, Inc. (August 2008). The total parking demand for the site would be 263 parking spaces based on parking surveys of the site and the G:PC\NOA\09\CUP 08-013/VAR 08-007 Attachment 1.2 parking requirement in the Huntington Beach Zoning and Subdivision Ordinance. The total number of parking proposed to be provided is 340 spaces. Since the parking demand is less than the parking provided onsite, the reduction in parking is not anticipated to generate overflow parking within the adjacent residential neighborhoods. Accordingly, the requested reduction in parking will not have a detrimental impact on surrounding property owners. The variance will accommodate new development in accordance with the General Plan Land Use and Density Schedule. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 2008-0131 VARIANCE 2008-007: 1. The site plan, floor plans, and elevations received and dated September 23, 2008 shall be the conceptually approved design with the following modifications: a. Plans shall be revised to be consistent with the approval by the Design Review Board on August 18, 2008 including the following modifications: (DRB) i. Provide an outdoor seating area to create a pedestrian friendly environment onsite. ii. Provide the following walkways onsite to accommodate pedestrian traffic: 1) a walkway to terminate at Shops 3 building and 2) a walkway along the main vehicular entrance to the site from the frontage road to the buildings. iii. Provide textured pedestrian walkways across vehicular driveways to define the pedestrian paths from parking areas to primary building entrances. iv. Incorporate public art into the project. A public art element, approved by the Design Review Board, Director of Planning, and Director of Huntington Beach Art Center, shall be designated on the plans. Public Art shall be innovative, original, and of artistic excellence; appropriate to the design of the project; and reflective of the community's cultural identity (ecology, history, or society. The art work shall be installed within two years of project approval. V. Provide additional color variation and architectural elements such as wainscoting to enhance the market and Big Lots building elevations. b. A private fire hydrant shall be located adjacent to the southeast corner of building number 3. The applicant shall contact the Fire Department for additional information on hydrant location and specifications. (FD) c. Landscaping shall be provided in areas between the 10-foot wide enhanced paving walkway and the parking areas in front of shop building number 3. d. The site plan shall identify the intended use of the space between the existing drugstore and shop building number 3 and the space behind shop building number 3. (PW) e. The proposed market expansion area behind the existing shops shall be redesigned as to not create a dead end walkway that is vulnerable to undesirable activities and crime. (PD) f. The proposed stand-alone ATM shall be relocated to a different area on the site that allows more visibility and safety when the stores are closed. (PD) g. The loading door facing Beach Boulevard shall have a decorative design compatible with the building elevation to the approval of Planning staff. G:PC\NOA\09\CUP 08-013NAR 08-007 Attachment 1.3 2. Prior to issuance of grading permits, the following shall be completed: a. The site plan shall also identify all emergency doors, transformers, bollards, and miscellaneous built out spaces behind Big Lots, shop building numbers 2 and 3, and the existing drugstore. (PW) b. The site plan shall also identify the truck dock for Big Lots. (PW) c. A Precise Grading Plan shall include the following improvements on the plan: 1. Damaged curb, gutter and sidewalk along the Atlanta Avenue and Beach Boulevard (frontage road) frontages shall be removed and replaced per Public Works Standard Plan Nos. 202 and 207. (ZSO 230.84 and ADA) (PW) 2. "Master metering" of individual meters of multiple businesses in the same building shall be allowed. (PW) d. Developer shall secure or provide evidence of applicable public utility easement documentation for all new and existing public water facilities crossing private property. (PW) 3. The proposed curb cut and access opening to the development between Beach Boulevard and the frontage road and the driveway at the southeast corner of the site shall only be allowed if the applicant submits an acceptable design for the review and approval by the Public Works Department and any access easement agreement has been reviewed and approved by the City Attorney and recorded as deemed necessary. All costs associated with the curb cut and access opening shall be the responsibility of the applicant.(PW) 4. Incorporating sustainable or"green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.orq/DisplayPage.aspx?CategorvlD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/index.cfm?fuseaction=quidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G:PC\NOA\09\CUP 08-013NAR 08-007 Attachment 1.4 J10 HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: FEBRUARY 4, 2009 PROJECT NAME: BEACH PROMENADE ENTITLEMENTS: CONDITIONAL USE PERMIT NO. 08-013; DESIGN REVIEW NO. 08-013; VARIANCE NO. 08-007 PLNG APPLICATION NO: 2008-0062 DATE OF PLANS: SEPTEMBER 23, 2008 PROJECT LOCATION: 21132 BEACH BOULEVARD, HUNTINGTON BEACH PROJECT PLANNER: TESS NGUYEN, ASSOCIATE PLANNER TELEPHONE/E-MAIL: (714) 374-1744/TNGUYEN(CDSURFCITY-HB.ORG PLAN REVIEWER: STEVE BOGART, SENIOR CIVIL ENGINEER TELEPHONE/E-MAIL: 714-374-1692/SBOGART(a)-SURFCITY-HB.ORG PROJECT DESCRIPTION: TO PERMIT A 5,570 SQ. FT. ADDITION AND AN EXTERIOR MODIFICATION OF AN EXISTING SHOPPING CENTER. ALSO INCLUDES A VARIANCE FOR A 38-PARKING SPACE REDUCTION FOR THE BUILDING ADDITION. TEXT IN THE FOLLOWING MEMO THAT IS ITALICIZED AND BOLD INDICATES THE LATEST REVISIONS TO THE DEVELOPMENT REQUIREMENTS. ALL OTHER DEVELOPMENT REQUIREMENTS ARE PER THE PREVIOUS MEMO TO THE PLANNING DEPARTMENT DATED OCTOBER 30, 2008. The following is a list of code requirements deemed applicable to the proposed project based on plans as stated above. The items below are to meet the City of Huntington Beach's Municipal Code (HBMC), Zoning and Subdivision Ordinance (ZSO), Department of Public Works Standard Plans (Civil, Water and Landscaping) and the American Public Works Association (APWA) Standards Specifications for Public Works Construction (Green Book), the Orange County Drainage Area management Plan (DAMP), and the City Arboricultural and Landscape Standards and Specifications. The list is intended to assist the applicant by identifying requirements which shall be satisfied during the various stages of project permitting, implementation and construction. If you have any questions regarding these requirements, please contact the Plan Reviewer or Project Planner. THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A DEMOLITION PERMIT: 1. Applicant shall provide a consulting arborist report on all the existing trees. Said report shall quantify, identify, size and analyze the health of the existing trees. The report shall also $A -rj F E -- Page 2 of 5 recommend how the existing trees that are to remain (if any) shall be protected and how far construction/grading shall be kept from the trunk. (Resolution 4545) a. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A GRADING PERMIT: 1. A Precise Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. (MC 17.05/ZSO 230.84) The plans shall comply with Public Works plan preparation guidelines and include the following improvements on the plan: a. The existing sewer laterals and private sewer main, serving the subject site, may potentially be utilized if there are of adequate size, conform to current Public Works Standards and are determined to be in serviceable condition by submitting a video of said sewer laterals and sewer main. If the sewer is determined to be inadequate, new sewer laterals and the private sewer main shall be installed, connecting to the main in the Atlanta Avenue, per Public Works Standards. (ZSO 230.84) b. The existing domestic water meter to 21132 Beach Boulevard shall be abandoned and removed per Water Division Standards since the meter location does not comply with current standards and code requirements. A new domestic water meter shall be installed per Water Division Standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). (MC 14.16.070) C. Separate dedicated fire service line(s) with backflow protection device(s) shall be constructed per Water Standards for the fire sprinkler system(s) required by the Fire Department to serve 21022 and 21132 Beach Blvd. (ZSO 230.84) d. Separate backflow protection devices shall be installed per Water Division Standards on all new water services to buildings owned by the developer, and screening through landscape shall be in accordance to City's Water Efficient Landscape Requirements. (Resolution 5921, Title 17 State Regulation, and MC 14.52. According to Planning Department and based on ZSO 230.84, all new backflow protection devices shall be screened from view from the public Right-of-Way and shall be prohibited in the front yard setback unless approved by a separate variance request. Based on the Planning Department, the front yard setback along the frontage road is 10 feet. (ZSO 230.76) e. All new meters shall be placed at the curb line of the street, in the public Right-of-Way, per Water Division Standards. The existing water meter serving 21132 Beach Blvd will no longer be utilized and therefore shall be removed or abandoned per Water Division Standards. (MC 14.16.070) f. A separate irrigation water service and meter shall be installed per Water Division Standards. The water service shall be a minimum of 1-inch in size. (ZSO 232) g. Based on the Fire Department requirement of 3,250 gallons-per-minute from three fire hydrants, and their requirement for the developer to install a new private fire hydrant system at the southeasterly portion of the subject property, a dedicated fire water service with an appropriate backflow protection device for the private on-site fire hydrant shall be constructed per Water Division Standards. (ZSO 230.84 and SMA 66428.1(d)) C\Documents and Settings\faulandIA oval Settings\Tempo-ary Internee FilesVCJLK21S\P- 'ic Works Comments C=IC 09 dos Ag , as ''?k Page 3 of 5 h. Existing and proposed locations for the subject site's trash enclosures shall be depicted on the grading plan. The areas shall be paved with an impervious surface, designed not to allow run-on from adjoining areas, designed to divert drainage from adjoining roofs and pavements diverted around the area, and screened or walled to prevent off-site transport of trash. The trash enclosure areas shall be covered or roofed with a solid, impervious material. Connection of trash area drains into the storm drain system is prohibited. If feasible, the trash enclosure areas shall be connected into the sanitary sewer. (DAMP) 2. A Street Improvement Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. (MC 17.05/ZSO 230.84) The plans shall comply with Public Works plan preparation guidelines and include the following improvements on the plan: a. An ADA compliant curb access ramp shall be constructed at the southeast corner of Atlanta Avenue the frontage road. (ZSO 230.84) b. The existing driveway approaches on the Beach Boulevard frontage road and on Atlanta Avenue shall be removed and replaced with an ADA compliant driveway approaches per Public Works Standard Plan No. 211. (ZSO 230.84) C. The existing northerly driveway approach on the Beach Boulevard frontage road shall be removed and replaced with curb, gutter, and sidewalk per Public Works Standard Plan Nos. 202 and 207. (ZSO 230.84) d. Relocate the existing streetlight (currently adjacent to the proposed main westerly entrance to the subject site) to a location as approved by the Transportation Division of Public Works. (ZSO 230.84) 3. A twenty-five sight triangle shall be provided at the intersection of Beach Boulevard and Atlanta Avenue. (ZSO 230.88) 4. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect shall be submitted to the Public Works Department for review and approval by the Public Works and Planning Departments. (ZSO 232.04) a. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). b. "Smart irrigation controllers" and/or other innovative means to reduce the quantity of runoff shall be installed. (ZSO 232.04D) C. Standard landscape code requirements apply. (ZSO 232) 5. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (ZSO 232.04B) 6. Landscaping plans should utilize native, drought-tolerant landscape materials where appropriate and feasible. (DAMP) 7. A Consulting Arborist (approved by the City Landscape Architect) shall review the final landscape tree-planting plan and approve in writing the selection and locations proposed for new trees and the protection measures and locations of existing trees to remain. Said Arborist signature shall be incorporated onto the Landscape Architect's plans and shall include the Arborist's name, certificate number and the Arborist's wet signature on the final plan. (Resolution 4545) G WguvenOesign Reviewl2 t 132 Bcsc]-Beach Prom>nMe\'ub!ic'Wo' C3 l y a T U 1 F NT N • ._ r-a Connaeats C`)dc� 3 Page 4 of 5 8. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (AQMD Rule 403) 9. The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Planning and Public Works Departments. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading-related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/She will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. Signs shall include the applicant's contact number, regarding grading and construction activities, and "1-800-CUTSMOG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. 10. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLIED WITH DURING GRADING OPERATIONS: 1. An Encroachment Permit is required for all work within the City's right-of-way. (MC 12.38.010/MC 14.36.030) 2. An Encroachment Permit is required for all work within Caltrans' right-of-way. 3. Existing street tree(s) to be inspected by the City Inspector during removal of concrete and prior to replacement thereof. Tree replacement or root/tree protection, will be specified upon the inspection of the root system. (Resolution 4545) 4. The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material in excess of 5000 cubic yards is required. This plan shall include the approximate number of truck trips and the proposed truck haul routes., It shall specify the hours in which transport activities can occur and methods to mitigate construction-related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. (MC 17.05.210) 5. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (California Stormwater BMP Handbook, Construction Wind Erosion WE-1) 6. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (MC 17.05) 7. Wet down the areas that are to be graded or that is being graded, in the late morning and after work is completed for the day. (WE-1/MC 17.05) 8. The construction disturbance area shall be kept as small as possible. (California Stormwater BMP Handbook, Construction Erosion Control EC-1) (DAMP) 9. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (DAMP) 10. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. (DAMP) 11. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (AQMD Rule 403) G.'.NgvyenlDesien Re:iew;21132 Belch—Bench IC W i Is C­,menms G�.10 C9 doc AT R N `� , r Page 5 of 5 12. Wind barriers shall be installed along the perimeter of the site. (DAMP) 13. All construction materials, wastes, grading or demolition debris and stockpiles of soils, aggregates, soil amendments, etc. shall be properly covered, stored and secured to prevent transport into surface or ground waters by wind, rain, tracking, tidal erosion or dispersion. (DAMP) THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A BUILDING PERMIT: 1. A Precise Grading Permit shall be issued. (MC 17.05) 2. Traffic impact fees for commercial development shall be paid at the rate applicable at the time of Building Permit issuance. The current rate of $154 per net new added daily trip is adjusted annually on December 1st. This project is forecast to generate 256 new daily trips for a total traffic impact fee of$39,424. (MC 17.65) THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO FINAL INSPECTION OR OCCUPANCY: 1. Complete all improvements as shown on the approved grading, landscape and improvement plans. (MC 17.05) 2. The current tree code requirements shall apply to this site. (ZSO 232) a. Existing trees to remain on site shall not be disfigured or mutilated, (ZSO 232.04E), and, b. General tree requirements, regarding quantities and sizes, (ZSO 232.0813 and C). 3. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect. (ZSO 232.04D) 4. Applicant shall provide City with CD media TIFF images (in City format) and CD (AutoCAD only) copy of complete City Approved landscape construction drawings as stamped "Permanent File Copy" prior to starting landscape work. Copies shall be given to the City Landscape Architect for permanent City record. 5. All applicable Public Works fees shall be paid at the current rate unless otherwise stated, per the Public Works Fee Schedule adopted by the City Council and available on the city web site at http://www.surfcity-hb.org/files/users/public works/fee schedule pdf . (ZSO 240.06/ZSO 250.16) 6. The Water Ordinance#14.52, the "Water Efficient Landscape Requirements" apply for projects with 2500 square feet of landscaping and larger. (MC 14.52) AT1AC,HM EN T Nos � - G:\Nguyen\Desien Review\21 i32 Beach—Bead)Promenade\P:))ic Rvorks Ccmme-rts C3.1'0.09A— ATTAC H M E N T #9LJ PC Minutes UN March 10,2009 Page 14 B-2. APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF CONDITIONAL USE PERMIT NO. 2008-013/VARIANCE NO. 2008-007 (BEACH PROMENADE COMMERCIAL CENTER) Applicant: Bill Holman, Michael C. Adams Associates Appellant: Bill Holman, Michael C. Adams Associates Request: CUP: To permit the construction of two additions totaling approximately 5,870 sq. ft. and a comprehensive exterior fagade remodel of an existing commercial/retail shopping center and on-site parking lot improvements including new landscaping. VAR: To allow 340 parking spaces in lieu of the minimum required 380 parking spaces (40 space reduction) in conjunction with the expansion of the shopping center. Location: 21022-21190 Beach Boulevard (southeast corner of Beach Boulevard and Atlanta Avenue) Project Planner: Tess Nguyen STAFF RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 08-013 and Variance No. 08-007 with findings and suggested conditions of approval (Attachment No. 1)." The Commission made the following disclosures: • Commissioner Speaker has spoken to the applicant and the property owner. • Commissioner Mantini has attended the Study Session, visited the site and spoken to the applicant and the property owner. • Commissioner Farley has visited the site, spoken to the applicant and the property owner, and attended the Study Session. • Chairperson Shier Burnett has visited the site and attended the Study Session. • Commissioner Scandura has attended the Study Session, spoken to staff and visited the site. • Commissioner Livengood has spoken to staff, visited the site and attended the Study Session. • Commissioner Delgleize has spoken to the applicant and the property owner, has visited the site and attended the Study Session. Tess Nguyen, Associate Planner, gave the staff presentation and an overview of the project. Herb Fauland reported on the Late Communications received for this item. One is a memorandum from Bill Holman of Michael C. Adams and Associates (the applicant) summarizing the appeal issues. Fauland also stated that Chairperson Shier Burnett and Commissioner Livengood have each provided a matrix addressing the appealed conditions of the project. Commissioner Livengood asked staff about vehicular access to the site from Beach Blvd. Staff stated that there currently is no opening for vehicular access from Beach Blvd. Livengood inquired about the impact of installing a right turn lane along Beach Blvd. Transportation Manager Bob Stachelski explained that the ultimate configuration would add another lane to Beach Blvd. Commissioner Scandura asked about the use of the frontage road, and Deputy Director of Economic Development Kellee Fritzal said that the frontage road belongs to the city and is used by residents and businesses. 09p=0310 PC Minutes [OMD Z%FU March 10,2009 Page 15 Mr. Stachelski stated that the applicant's proposed vehicular entrance to the frontage road does not represent a safe and efficient way for traffic to enter the site, as the traffic on the frontage road would need to stop. He recommends that staff reject the applicant's alternative proposal for this entrance. Commissioner Farley asked about Caltrans approval, and Mr. Stachelski noted that the applicant would require an encroachment permit from both Caltrans and the city to add the proposed vehicular entrance. Acting Principal Civil Engineer Steve Bogart said that the Public Works Department is recommending that an ADA (Americans with Disabilities Act) Compliant sidewalk be added. Commissioner Speaker asked staff if it is within the Planning Commission's purview to request the removal of the existing southerly driveway along Beach Blvd frontage road (referenced in Code Requirement 2d). Ms. Fritzal commented that the asphalt driveway is publicly owned and is part of the proposed site, but is not part of the city-owned frontage road. THE PUBLIC HEARING WAS OPENED. Bill Holman, applicant, spoke in favor of Item No. B-2 and gave a PowerPoint presentation. He thanked Public Works and Planning staff for their work on the project. He spoke of staff's recommended conditions of approval, which the applicant and property owner would like to see revised. Dick Harlow spoke in favor of Item No. B-2. He noted that property owner Bijian Sassounian has a successful record of cleaning up and revitalizing local properties. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Planning Manager Herb Fauland noted that staff's recommended conditions of approval would remain as worded for Variance No. 08-007. Commissioner Scandura asked about the Design Review Board's conditions of approval and staff noted that the DRB approved the conceptual plans with the potential for a loss of parking spaces. Mr. Fauland noted that the applicant has indicated that they will try and meet the DRB requirements. Commissioner Farley noted that the Design Review Board also would like to see more accessible parking and the addition of a plaza/public courtyard. 09p=0310 PC Minutes March 2009 DRAFUPage 16 STRAW VOTE #1 A motion was made by Livengood, seconded by Scandura, to approve conditions No. 1 and No. 2 as proposed in the matrix provided by Chair Shier Burnett. AYES: Speaker, Mantini, Farley, Shier Burnett, Scandura, Livengood, Delgleize NOES: None ABSTAIN: None ABSENT: None MOTION APPROVED Mr. Fauland noted that the conditions approved in Straw Vote#1 are already in staff's conditions of approval. Commissioner Farley stated that he is in favor of the public courtyard. Commissioner Speaker said that he trusts Mr. Sassounian to do an excellent job with the project's design and would like to eliminate the courtyard. Chair Shier Burnett asked Bill Holman if Mr. Sassounian has the authority from the site's other property owners to act on their behalf and Holman said yes. Commissioner Mantini recommended eliminating the courtyard. Commissioner Farley then recommended replacing the courtyard with outdoor seating and Commissioner Livengood concurred. STRAW VOTE #2 A motion was made by Shier Burnett, seconded by Livengood, to add outdoor seating and a walkway to terminate at Building 3. AYES: Speaker, Mantini, Farley, Shier Burnett, Scandura, Livengood, Delgleize NOES: None ABSTAIN: None ABSENT: None MOTION APPROVED STRAW VOTE #3 A motion was made by Livengood, seconded by Farley, to adopt the Zoning Administrator's Conditions of Approval with no revision to Condition No. 3. AYES: Speaker, Mantini, Farley, Shier Burnett, Scandura, Livengood, Delgleize NOES: None ABSTAIN: None ABSENT: None MOTION APPROVED 09p=0310 PC Minutes March 2009 DRAH Page 17 STRAW VOTE #4 A motion was made by Scandura, seconded by Speaker, to strike Zoning Administrator's Condition No. 4 and modify Zoning Administrator's Condition No. 3 to read "opening to the development between Beach Boulevard and the frontage road and the driveway at the southeast corner of the site." AYES: Speaker, Mantini, Farley, Shier Burnett, Scandura, Livengood, Delgleize NOES: None ABSTAIN: None ABSENT: None MOTION APPROVED STRAW VOTE #5 A motion was made by Scandura, seconded by Livengood, to amend the wording on Code Requirement 1(d) by adding the wording "unless approved by a separate variance process". AYES: Speaker, Mantini, Farley, Shier Burnett, Scandura, Livengood, Delgleize NOES: None ABSTAIN: None ABSENT: None MOTION APPROVED STRAW VOTE #6 A motion was made by Scandura, seconded by Farley, to leave the wording on Code Requirement 2(a) as is. AYES: Speaker, Mantini, Farley, Scandura, Livengood, Delgleize NOES: Shier Burnett ABSTAIN: None ABSENT: None MOTION APPROVED Mr. Bogart noted that the current curb access ramp is not ADA Compliant. STRAW VOTE #7 A motion was made by Farley, seconded by Scandura, to eliminate Code Requirement 2(d). AYES: Speaker, Mantini, Farley, Shier Burnett, Scandura, Livengood, Delgleize NOES: None ABSTAIN: None ABSENT: None MOTION APPROVED 09pcm0310 Minutes Ma URARMarch 10,2009 Page 18 A MOTION WAS MADE BY FARLEY, SECONDED BY SCANDURA, TO APPROVE CONDITIONAL USE PERMIT NO. 08-013 AND VARIANCE NO. 08-007 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Speaker, Mantini, Farley, Shier Burnett, Scandura, Livengood, Delgleize NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2008-013 AND VARIANCE NO. 2008-007 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the proposed project consists of an addition of less than 10,000 sq. ft. of floor area to existing structures on a site where public services and facilities area available and the surrounding area is not environmentally sensitive. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2008-013: 1. Conditional Use Permit No. 2008-013 to permit the construction of two additions totaling approximately 5,870 sq. ft. to an existing commercial/retail shopping center will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The subject property is designated for commercial general development under the General Plan. The proposed project is consistent with the permitted uses and development standards within this designation. Residential uses are located approximately 115 feet to the north across Atlanta Avenue, 105 feet to the east across the flood channel, and 75 feet to the south. Since the activity areas on the site, including parking areas and building entrances, are oriented toward Beach Boulevard, the residential properties are sufficiently buffered. The proposed project will not generate significant noise, odors, traffic above levels already established by existing uses on site. 2. The conditional use permit will be compatible with surrounding uses because the proposed project is a minor expansion and fagade remodel of an existing neighborhood shopping center. The proposed building is designed with colors and materials that complement surrounding residential neighborhoods by incorporating enhanced architectural details and materials such as tile roofs, plaster exterior finishes, trellises, awnings, and Mediterranean colors. 3. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, except for the parking variance approved concurrently. The project complies 09p=0310 Minutes Ma ORAFUMarch 10,2009 Page 19 with land use limitations, minimum landscaping and building setbacks and maximum floor area ratio, among others. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG-F1 (Commercial General — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 7.1.1: Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. LU 10.1.1: Accommodate the development of neighborhood, community, regional, office and visitor-serving commercial uses in areas designated on the Land Use Plan in accordance with Policy 7.1.1. LU 10.1.4: Require that commercial buildings and sites be designed and developed to achieve a high level of architectural and site layout quality. ED 2.4.1: Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. The proposed project consists of additions to an existing neighborhood commercial/retail shopping center in an area designated for commercial uses on the Land Use Plan. The addition will facilitate the expansion and introduction of businesses such as a grocery store and drug store intended to serve the surrounding residential neighborhood. The project design features quality architecture and exterior finish materials (plaster and decorative metal elements), a variety of roof lines and fagade treatments, and a functional site layout with efficient access from parking areas to building entrances. The project will improve the existing building fagades and modernize the shopping center. FINDINGS FOR APPROVAL -VARIANCE NO. 2008-007: 1. The granting of Variance No. 2008-007 to allow 340 parking spaces in lieu of the minimum required 380 parking spaces will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. This represents a 40-space (10.5%) reduction in the required number of parking spaces. In the past, the City has allowed comparable reduction in the parking requirement for other similarly sized shopping centers in the same zoning classification through conditional use permits. 2. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The variance will not constitute a grant of special privilege because the project site presents a special circumstance (an existing frontage road adjacent to the property) which is inconsistent with the limitations on other properties and which is remedied, in part, by the granting of the requested variance. The project site is encumbered by a frontage road adjacent to the site that rendered the site narrow and long as compared to other shopping centers with similar mix of tenants along Beach Boulevard and Edinger Avenue. This frontage road represents a constraint to development of the site, absent which additional parking spaces may be provided on site to meet the code required minimum. 09p=0310 PC Minutes DRAFY March 10,2009 Page 20 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The requested variance is necessary to offset a unique constraint to development represented by an existing frontage road adjacent to the property, absent which the property could accommodate the additional parking spaces needed for code compliance. In addition, the variance is needed to enjoy the substantial property right of improving and expanding the existing center to create a commercially viable shopping center with neighborhood uses such as a market, a drug store, restaurants, and personal services. In doing so, this center is able to compete with other shopping centers in the vicinity. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The proposed addition and remodel allows the existing commercial buildings to be designed and developed to achieve a high level of architectural and site layout quality. The parking area is designed to maximize the use of site while providing for efficient and convenient site access and internal circulation. To substantiate the reduction in the parking requirement, the applicant submitted the Access and Parking Analysis, prepared by LSA Associates, Inc. (August 2008). The total parking demand for the site would be 263 parking spaces based on parking surveys of the site and the parking requirement in the Huntington Beach Zoning and Subdivision Ordinance. The total number of parking proposed to be provided is 340 spaces. Since the parking demand is less than the parking provided onsite, the reduction in parking is not anticipated to generate overflow parking within the adjacent residential neighborhoods. Accordingly, the requested reduction in parking will not have a detrimental impact on surrounding property owners. The variance will accommodate new development in accordance with the General Plan Land Use and Density Schedule. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 2008-0131 VARIANCE 2008-007: 1. The site plan, floor plans, and elevations received and dated September 23, 2008 shall be the conceptually approved design with the following modifications: a. Plans shall be revised to be consistent with the approval by the Design Review Board on August 18, 2008 including the following modifications: (DRB) i. Provide an outdoor seating area to create a pedestrian friendly environment onsite. ii. Provide the following walkways onsite to accommodate pedestrian traffic: 1) a walkway to terminate at Shops 3 building and 2) a walkway along the main vehicular entrance to the site from the frontage road to the buildings. iii. Provide textured pedestrian walkways across vehicular driveways to define the pedestrian paths from parking areas to primary building entrances. iv. Incorporate public art into the project. A public art element, approved by the Design Review Board, Director of Planning, and Director of Huntington Beach Art Center, shall be designated on the plans. Public Art shall be innovative, original, and of artistic excellence; appropriate to the design of the project; and reflective of the community's cultural identity (ecology, history, or society. The art work shall be installed within two years of project approval. 09pcm0310 PC Minutes DRAFT March 10,2009 Page 21 V. Provide additional color variation and architectural elements such as wainscoting to enhance the market and Big Lots building elevations. b. A private fire hydrant shall be located adjacent to the southeast corner of building number 3. The applicant shall contact the Fire Department for additional information on hydrant location and specifications. (FD) c. Landscaping shall be provided in areas between the 10-foot wide enhanced paving walkway and the parking areas in front of shop building number 3. d. The site plan shall identify the intended use of the space between the existing drugstore and shop building number 3 and the space behind shop building number 3. (PW) e. The proposed market expansion area behind the existing shops shall be redesigned as to not create a dead end walkway that is vulnerable to undesirable activities and crime. (PD) f. The proposed stand-alone ATM shall be relocated to a different area on the site that allows more visibility and safety when the stores are closed. (PD) g. The loading door facing Beach Boulevard shall have a decorative design compatible with the building elevation to the approval of Planning staff. 2. Prior to issuance of grading permits, the following shall be completed: a. The site plan shall also identify all emergency doors, transformers, bollards, and miscellaneous built out spaces behind Big Lots, shop building numbers 2 and 3, and the existing drugstore. (PW) b. The site plan shall also identify the truck dock for Big Lots. (PW) c. A Precise Grading Plan shall include the following improvements on the plan: 1. Damaged curb, gutter and sidewalk along the Atlanta Avenue and Beach Boulevard (frontage road) frontages shall be removed and replaced per Public Works Standard Plan Nos. 202 and 207. (ZSO 230.84 and ADA) (PW) 2. "Master metering" of individual meters of multiple businesses in the same building shall be allowed. (PW) d. Developer shall secure or provide evidence of applicable public utility easement documentation for all new and existing public water facilities crossing private property. (PW) 3. The proposed curb cut and access opening to the development between Beach Boulevard and the frontage road and the driveway at the southeast corner of the site shall only be allowed if the applicant submits an acceptable design for the review and approval by the Public Works Department and any access easement agreement has been reviewed and approved by the City Attorney and recorded as deemed necessary. All costs associated with the curb cut and access opening shall be the responsibility of the applicant.(PW) 4. Incorporating sustainable or"green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building 09pcm0310 PC Minutes Ma ORAH March 10,2009 Page 22 practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategorvlD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/index.cfm?fuseaction=quidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. 09p=0310 ATTACHMENT # 10 CITY OF HUNTINGTON BEACH INTER-DEPARTMENTAL COMMUNICATION e, ECONOMIC DEVELOPMENT DEPARTMENT SUBMITTED TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBMITTED BY: STANLEY SMALEWITZ, ECONOMIC DEVELOPMENT DIRECTOR DATE: APRIL 1, 2009 SUBJECT: BEACH PROMENADE: 21022-21190 BEACH BLVD. The project is a shopping center refurbishment, which primarily consists of painting, paving and general fapade improvement, along with demolition of a portion of the center to allow for a 5,000 square foot expansion of an existing building. The applicant proposes encroachment onto a City-owned frontage road abutting the property in order to facilitate additional ingress/egress via Beach Boulevard. The road is located between a median on the northbound side of Beach Boulevard and the Beach Promenade center, both of which are owned, in part, by the applicant. At the Planning Commission Public Hearing of March 10, 2009, the applicant was granted the right to encroach upon the City-owned frontage road that abuts the property, through an access from Beach Boulevard and the Southerly portion of the site. Economic Development had previously communicated in writing to the Zoning Administrator and Planning Commission that it did not support encroachment onto the frontage road. Allowing encroachment diminishes the value of the City's asset and limits the ability of the City to develop the project to its highest and best use, if it so desires. The project is located in the Huntington Beach Merged Redevelopment Project Area Subarea 5, formerly known as the Main-Pier Redevelopment Project Area. The Project Area was initially adopted and amended in 1983 for the purpose of eliminating and preventing the spread of conditions of blight, and expanding the commercial base of the project area by recycling and developing underutilized parcels to accommodate higher and better economic uses while enhancing the City's financial resources. Allowing encroachment onto the frontage road, a city- owned asset, to support painting, paving and general fagade improvements is inconsistent with prior City or Redevelopment Agency actions and would not be permitted for any other project. While we support redevelopment occurring at the site, the granting of encroachment onto the City-owned frontage road to facilitate private development necessitates that the road be used as such in perpetuity. The City has been approached by at least one developer interested in purchasing and developing the site with retail pads. At the request of the majority property owner, Bijan Sassounian, the City obtained an appraisal for the frontage road as he had indicated his interest in purchasing the site so it could be incorporated into his project. The completed appraisal was presented to Mr. Sassounian, who indicated in writing several weeks later that he did not wish to purchase the road at that price. The Department previously indicated that any use of the road by the applicant be negotiated through that process, but those negotiations have now concluded. However, the Department is willing to continue to hold negotiations over the road to ensure a high quality development is built. The City has four options with the road: 1) allow encroachment to accommodate the project, which devalues the asset and requires it function as a roadway to support this project in perpetuity; 2) maintain it as a frontage road, with no encroachment; 3) sell the road to the adjacent property owner or a developer for development; or 4) develop the site as a stand-alone retail project. The City is currently completing the final draft review of the Beach and Edinger Corridor Study, of which the Beach Promenade Center is identified as a neighborhood center. The planning approach taken to neighborhood centers is to encourage eventual transition of properties to greater land uses and mixture of complementary uses. The proposed refurbishment is not a transition of the property, and encroachment onto the roadway does not result in a greater or complementary land use. Therefore, the project is also inconsistent with the proposed specific plan for the Beach Boulevard corridor. For these reasons, the Economic Development Department recommends that encroachment onto the frontage road not be permitted for this project. ATTACHMENT # 11 Laura Thigpen 8172 Whitestone Drive Huntington Beach, California 92646 27 January 2009 City of Huntington Beach Huntington Beach Planning Department JAN 2 9 2009 Planning Commission Post Office Box 190 Huntington Beach, California 92648 Re: Conditional Use Permit No. 2008-013 To whom it may concern: I understand the city would like to see a hotel with retail on the first floor in the area which now houses the Big Lots Shopping Center. As a resident of Surfside, I am opposed to this idea. I would prefer to see the shopping center revitalized and believe it would be more beneficial to the area. The Big Lots Shopping Center is the only shopping center in that area of Beach Boulevard, and there are a number of residential neighborhoods and apartments which benefit from this shopping center. Not to mention,there are already two hotels in this area. Do we really need another? With a face-lift,this might even provide a place which visitors to the hotel might patronize. Not everyone who comes to Huntington Beach can afford to shop at the stores located in the hotels themselves. As we all know,they can be very expensive. Many people come with their families and would likely-benefit from a grocery store and drug store that is within walking distance. I am sure you take the residents of Huntington Beach into consideration when making these types of decisions. I hope you agree if the choice for this area is either a hotel or a shopping center,that a shopping center would be most beneficial. ;Tha you for your consideration, Laura Thigpe LT:lt Dianne Gillespie City,of Hun1ii1gVNI 8232 Foxhall Drive Huntington Beach, CA 92646 February 2, 2009 Huntington Beach Planning Department C/O Planning Commission PO Box 190 Huntington Beach, CA 92648 Re: Conditional Use Permit No. 2008-013 To: Scott Hess, Director of Planning: This letter is to let you know that as a resident of Surfside Townhomes, which is adjacent to the Big Lots Shopping Center on Beach and Atlanta, I support a one story expansion and remodel in that center. I am wholeheartedly against a high rise development for that location. I have been a resident-owner in Surfside Townhomes since 1986 and have had all of my views of the mountains to the East and the sunsets to the West blocked by home developments, and high rise hotels. At our last Home Owners meeting, our President, Robin Taylor, showed us a copy of the plans showing what the Sassounian Development Co. wish to do with the Center. I am in total agreement with the plans. We do not need another hotel at this site; there are plenty of reasonable priced hotels and motels on Beach Blvd. already. Again, I support the owners of the Big Lots Shopping Center in'their plan to keep the height of the stores in the Center no higher than one story! Thank you for your time. Sincerely, Dianne M. Gillespie Faxed to: 714-374-1678 (Scott Hess); 714-536-5233 (City Council) E-mailed to: linda.wineksurfcity hb.org (Planning Comm.) pdapkus ,surfcity-hb.org (City Council) 8216 Foxhall Drive Page l of 2 Stephenson,Johanna �= From: Dapkus, Pat Sent: Monday, February 02,2009 8:57 AM To: Stephenson, Johanna Subject: FVV Big Lots Center remodel on Beach&Adams From:c allen (mailto:charlie613hb@socal.rr.com] Sent:Saturday,January 31,2009 11:41 PM To: Dapkus, Pat;Wine,Linda Subject: Big Lots Center remodel on Beach&Adams 8216 Foxhall Drive Huntington Beach,CA 92646 January 31,2009 Huntington Beach Planning Department C/O Planning Commission PO Box 190 Huntington Beach,CA 92648 Re:Conditional Use Permit No.2008-013 To:Scott Hess,Director of Planning: This letter is to let you know that as a resident of Surfside Townhomes,which is adjacent to the Big Lots Shopping Center on Beach and Atlanta,I support a one story expansion and remodel in that center. I am wholeheartedly against a high rise development for that location. I have been a resident-owner in Surfkde Townhomes since 1979 and have had all of my views of the mountains to the East and the sunsets to the West blocked by home developments,multi-story apartments and high rise hotels. I can't see any good reason why there should be more high rise developments encroaching on the space around my complex. Again,I support the owners of the Big Lots Shopping Center in their plan to keep the height of the stores in the Big Lots Shopping Center no higher than one story? Thank you for your time. Charlean E.AlIen Faxed to: 714-374-1678 (Scott Hess); 714-536-5233(City Council) E-mailed to: Lnda wine urfcity hb org(Planning Comm.) pdapkus.sm fcity-hh org(City Council) Renee Cornair 8:142 Wildwood Circle: Huntington Beach, CA'92646'' February 9, 2009 —Cis i �G Huntington Beach Planning Dept. c/o Planning Commission P.O. Box 190 Huntington Beach, CA92648 ref.: Conditional Use Permit No. 2008-013 ::Beach Promenade Commercial Center . Dear Planning Committee representative," I'am writing concerning the proposed development of the Big Lot's shopping center on Beach Blvd. &Atlanta;(Beacl Promenade Commercial Center):Because of my work schedule I am unable to attend:City Council meetings,but I would like to comment on the existing proposals to the site. My understanding is that Sassour ian LLC;would like to maintain the existing one story structure while refurbishing the existing business fronts. They propose using colors and materials complementing the surrounding residentiat neighborhoods. This'would finally eliminate the existing "blighted" appearance of this site' without eliminating valued existing businesses,which would-be welcomed by:the community. Adding a new grocery store would be,a highly favored addition;especially for semors:in the area:that cannot drive,butcould more easily walk to this location than to the grocery store.several blocks away. The existing Big Lots.is also very.iniportant to local,Seniors..on.a fixed income. Most of the community:would like to retain it'm its.present:location as it:also.services a broad spectrum of the'community and the closest other location:is some distance from our area. By relocating the Tl n Drug store to the perpetually eitnpty. BSA building,some of the fhedatmosphereotecenewudbeoecoeIwuiestillreauabandon m ; ung another valued business :Las Barcas restaurant is a well known'local gem that he residents of our areaiwould'be loathe to lose It�s almost an HB landrparlc and avonvernent dining alternative:for HB visttors to our beach and'existing hotel's m the area —e really have very few affordable restaurants within walking distance;of the beach That seruice such a broa.. spectrum of our commutut d y In contrast;we do not see a value to the local cominumtx,for A' idt1 story hotel with retaers on the 1st floor They would only be of value to transitory visitors, not the i.residential comrnuiuty at large They would'ben direct competition with the existing huge;Hyatt Regency hotel dixectly across the'street on Bead !PCH ft a downturn economy,:I cannot see yet axiother'half erntX hotel adding des ea commerce to our i Smeerely, Renee M.Cornair . SI RFSIDE HOMEOWATERSASSOCIATION February 5, 2009 City of Huntington Beach Huntington Beach Planning Department c/o Planning Commission FEB 18 2009 P.O. Box 190 Huntington Beach, CA 92648 Re: Conditional Use Permit No. 2008-013 Beach Promenade Commercial Center Dear Sir or Ma'am, This letter serves as support for the Conditional Use Permit No. 2008-013 Beach Promenade. Commercial Center. The Board of Directors for the adjacent Surfside Homeowners Association No. 1 is in support of the single story redevelopment project. If you have any questions or concerns,please feel free to contact our community association manager,David Rainer of Merit Property Management, at 949448-6103 or drainergmeritpm.com. Sincerely, The Board of Directors Surfside Homeowners Association No. 1 Cc: Bijan Sassounian Managed by MERIT PROPERTY MANAGEMENT,INC. 1 Polaris Way,Suite 100 s Aliso Viejo,CA 92656 •9491448-6000 • 800/428-5588-FAX 949/448-6400 Huntington Beach Planning Department C/o Planning Commission P.O. Box 190 Huntington Beach, CA 92648 Re: Conditional Use Permit No. 2008-13: Beach Promenade Commercial Ctr. Dear Commissioners: I recently was made aware of the above referenced plan to remodel the Commercial Center located at Beach Blvd. and Atlanta Ave. I agree this center is an eyesore and wholly applaud a remodel. I however do not agree with a 5 story high rise being built on the premises. We have too much traffic congestion in the area presently. I live in the Surfside Homes by the Sea condo complex and already try to avoid driving anywhere on weekends because of it. We do not want anymore. Enough is enough. City of Huntington Beach Keep it to 1 story. FEB.— Z 2009 Sincerely, Claude von Plato 8212 Foxhall Drive Huntington Beach, 92646 January 28, 2009 Dear Huntington Beach Planning Department, I am a resident of Surfside Homes. I am a block from Beach and Atlanta. It has come to my attention that there is a proposal to build a second story hotel on top of the Big Lots Shopping Center. The hotel would have a negative effect on our neighborhood. This new two plus story building would affect the sun and ocean breezes we enjoy right now. Because I am totally disabled, I spend most of my time at home. Therefore, my environment at my residence is very important to me. I do not want this prpposal for a hotel to go through. Sincerely yours, Cheri Darnell Wickman Betty Damell ) City of Huntington Beat: FEB - 2 2009 �l A Desiree Marmolijo 8206 Ridgefield Dr. Huntington Beach, CA 92646 February 18, 2009 City®f Hvitington [30ach Huntington Beach Planning Department c/o Planning Commission FEB 2 - 2009 P.O. Box 190 Huntington Beach, CA 92648. Re: Permit No. 2008-013 Beach Promenade Business Center Dear Planning Commission: I am a long-time resident of our city, and I am writing to express my concern about recent discussion and the pending decision to allow a high rise development in the Big Lot's Shopping Center on Beach Boulevard and Atlanta. I understand that the decision is being considered to develop a five story building including a hotel and retail stores. As a resident of Surfside Community, I would like to express disagreement with such development. The development would limit sunshine,views, and ocean breezes in the Surfside Homes by the Sea neighborhood. It would also impact traffic and parking in the area. I am in favor of a one story expansion and remodel of the current shopping center as many stores are vacant and/or dilapidated. Thank you for your time and consideration in this matter. Sincerely, Desiree Marmolijo Resident of Surfside Homes by the Sea Feb-24-2009 1139 AM City of Huntington Beach 714-374-1678 1/1 02/24/2009 11:22 714960, -0 THE UPS STORE PAGE 01/01 To.pdapkus&V fcifY-hb.ore.li wine i -1r b.orA dao.5 u)i V word- 1Y Huntington Beach,CA 92646 Fobmxy 10,2009 City of Huntington Beach Huntbgtvn Bosch Planning Depamnent C/o Planning Commission FEB 2 4 Z009 PO Box 190 ngton Bosch,CA 92648 Re:Condldonal Use Pennk No.200tt-013 To:Scott Rem Director ofPlarm ft: This lour is to let you know tbut ss a midint of SurAide Homes By the Sea,which is a4meat to the Big Lots Shopping Cater on$each and Atlanta,I SUMkx a ONB STORY oxlsanaim and tmodel in that oanter. I AID AGAINST A WGH RISE DMLOPMWr for that location. As a resident owner in Sur6slde Homes By the Sea I can't see wry good reet+an why there should be more high rise developments encreaohteg on the spare around my town home oommun(ty. Agaur,I support tha otivnors of The Big Lou Shopping Centar In their ptau to update the oenter while koeping the haight of the stom in the Big Lots Shopping Csuter no higher than ONE STORY! Thank you for your time. Sifcemly, W't i � AA d ��Qf'1 .0 �j S "� Faxed to;714, 74-I673 Scott Hass,Director of'Planning)714 536-5233(City CotmclD / Ere .h (Planning Commission)pd sum _era(City Counsel) A-- To:pdapkus .surfcity-hb.org,linda.wine@surfcity-hb.org City of Huntington Bea FEB 25 2009 Huntington Beach,CA 92646 February 18s`,2009 Huntington Beach Planning Department C/O Planning Commission PO Box 190 Huntington Beach,CA 92648 Ike:Conditional Use Permit No.200M 13 To:Scott Hess,Director of Planning: This letter is to let you know that as a resident of Surfside Homes By the Sea,which is adjacent to the Big Lots Shopping Center on Beach and Atlanta,I SUPPORT a ONE STORY expansion and remodel in that center. I AM AGAINST A HIGH RISE DEVELOPMENT for that location. As a resident-owner in Surfside Homes By the Sea I can't see any good reason why there should be more high rise developments encroaching on the space around my town home community. Again,I support the owners of the Big Lots Shopping Center in their plan to update the center while keeping the height of the stores in the Big Lots Shopping Center no higher than ONE STORY! Thank you for your time. Sincere �,z z Gri�ow®vim /), d 9 e c-4 YZP Faxed to:714 374-1678(Scott Hess,Director of Planning)714 536-5233(City Council) E mailed to: linda.wine@,§uifcity-hb.org(Planning Commission)pdapkus@surfcit -hb_org(City Counsel) ATTACHMENT # 12 BEACH PROMENADE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 08-013 AND VARIANCE NO. 08--007 Avvlicant/ Appellant: Bill Holman, Michael C. Adams Associates Location: 21022-21190 Beach Boulevard Date: May 4, 2009 6RECQUEST CONDITIONAL USE PERMIT REQUEST P To construct two additions approximately 5,870 sq. ft. to an existing 85,107 sq. ft. commercial/ retail shopping center VARIANCE REQUEST o To allow 340 parking spaces in lieu ofthe minimum req u i red 380 parking spaces (40 space reduction) in conjunction with the additions to the shopping center 1 REQUEST-CON"T ADDITIONAL REQUEST • An exterior facade remo4el • Site improvements to the parking lot RO) ECT LOCATI ON LOCATION SEC of Beach V , 1a. Boulevard and Atlanta Avenue SURROUNDINGS j t North, South, East and West: Multi- Family Residential fs,yU �li y§�'4 ��yj, 2 PC ACTION The Planning Commission conditionally approved the request on March 10, 2009: P provide an outdoor seating area allow the proposed curb cut and access opening to the development between Beach and the frontage road allow the driveway at the southwest corner of the site o require ADA compliant curb access ramp LAPPEAL OF PC ACTION APPEAL The appeal was filed by Mayor Bohr on March 20, 2009 P To allow the City Council an opportunity to review the proposed project and all associated entitlements in its entirety 3 I� B�®) O.oC U NA 1�YS The proposed project: • Will not be detrimental to persons and property within the surrounding area o Wi([ be compatible with the surroundin uses o Com lies with the rovisions of the base zonin district except for the parking variance concurrently p 9 o approved or he Is of ides of the C of ms with t g a and p General Plan LPROJECTANALY%-CON'T The appealed items were re-evaluated by staff Some revisions to the conditions of approval and code requirements were made The Planning Commission approved nine conditions and code requirements as recommended by staff 4 R®) ECT A NA LYS&CO N'T o The Planning Commission approved the following conditions and code requirements that are different from staff recommendations: Condition of Approval No. 3 (curb cut and access opening) —Condition of Approval No. 4 (encroachments into the frontage road) —Code Requirement No. 2(4) (southerly driveway) R ECOM EN DATA N Staff is recommending: o Approval of Conditional Use Permit No. 08-013 and Variance No. 08-007 with the suggested findings and suggested conditions of approval and code requirements as recommended by staff 5 RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Appeal of Planning Commission's Approval of CUP 08- 013/VAR 08-007 (Appeal - Beach Promenade Commercial Center) COUNCIL MEETING DATE: May 4, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached Not Applicable ❑ EXP(LANATIOH FOR HIS3ING ATTACH vNli EWITS REVIEWED RCEr.re\,f D RETURNED FOR A DED Administrative Staff I ( ) Deputy City Administrator (Initial) AP? ' ?009 ( ) City Administrator (Initial) ;r,;,,,y N BEACH ( ) ) City Clerk EXPLANATION FOR RETURN OF ITEM: (,Be - • RCA Author: SH:HF:TN CITIZEN COMMUNICATION - ITEM #4 APPEAL OF THE PLANNING COMMISSION'S APROVAL OF CONDITIONAL USE PER 08-013 AND VALIANCE NO. 08-007 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Wednesday, April 29, 2009 9:24 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 755 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Martha Fuchs Description: From: Martha Fuchs [mailto:mrfuchshb@aol.com] Sent: Tuesday, April 28, 2009 9:07 PM To: CITY COUNCIL Subject: City of Huntington Beach Council Meeting - May 4, 2009 - Beach Promenade Commercial Center Dear Sirs and Madams, I am not able to attend this meeting to make my remarks about the Beach Promenade Commercial Center. I would appreciate my comments be made in my absence through the appropriate channels. I am against the Planning Commission's approval of the Conditional Use Permit No. 08-031 and Variance No. 08-007. The reason I am against this is the reduction of parking spaces, I support the appeal of the Planning Commission's approval. Thank you for this opportunity to voice my objection to the Planning Commission's Approval of the Beach Promenade Commercial Center. A Huntington Beach Resident, Homeowner and Neighbor to the Beach Promenade, Martha Fuchs 21052 Poolside Lane Huntington Beach, CA 92648 MRFuchshb@aol.com Expected Close Date: 04/30/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 4/29/2009 NOTICE OF APPEAL TO CITY COUNCIL OF A PLANNING DEPARTMENT ACTION (OR POLICE) Date: 3/20/2009 To: Police Dept(1 Copy) Date Delivered N/A City Attorney(1 Copy) Date Delivered 3/20/2009 Planning D ept(2 Copie s) Date Delivered 3/20/2009 City Council Office(1 Copy) Date Delivered 3/20/2009 Administration (1 Copy) Date Delivered 3/20/2009 Filed By: Mayor Keith Bohr Appeal of Conditional Use Permit No. 08-013 And Variance No. 08-007( Beach Promenade RE: Commercial Center) Tentative Date for Public Hearing TBD Copy of Appeal Letter Attached: Yes LEGAL NOTICE AND A.P. MAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE Joan L. Flynn, CMC City Clerk (714) 536-5227 Fee Collected: None Form Completed by: Kelly Mandic, Deputy City Clerk • � City of Huntington Beach City Council Interoffice Communication HUNTINGTON BEACH TO: Joan Flynn, City Clerk FROM: Keith Bohr, Mayor DATE: March 20, 2009 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 08-013 AND VARIANCE NO. 08-007 (BEACH PROMENADE COMMERCIAL CENTER) I am hereby appealing the Planning Commission's actions on the proposed Beach Promenade Commercial Center project at 21022-21190 Beach Boulevard. On March 10, 2009, the Planning Commission approved Conditional Use Permit No. 08-013 and Variance No. 08-007. The request is to permit the construction of two additions totaling approximately 5,870 sq. ft. to an existing 85,107 sq. ft. commercial/retail shopping center located at the southeast corner of Beach Boulevard and Atlanta Avenue and to approve a variance allowing 340 parking spaces in lieu of the minimum required 380 spaces in conjunction with the additions to the shopping center. The primary reason for my appeal is to allow the City Council an opportunity to review the proposed project and all associated entitlements in its entirety. Pursuant to Section 248.18 of the Huntington Beach Zoning and Subdivision Ordinance, the City Council shall hear an appeal from the decision of the Planning Commission. cc: Honorable City Council Chair and Planning Commission Fred Wilson, City Administrator Bob Hall, Deputy City Administrator Stanley Smalewitz, Economic Development Director Kellee Fritzal, Economic Development Deputy Director :A Scott Hess, Director of Planning -_ :t- :-n Herb Fauland, Planning Manager r� Robin Lugar, Assistant City Clerk :, CD Tess Nguyen, Associate Planner Simone Slifman, Project Manager Linda Wine, Administrative Assistant Bill Holman, Michael C. Adams Associates, Applicant o Bijan Sassounian, Property Owner James Diebold, PNS Stores, Inc., Property Owner Sigma Enterprises, Inc., Property Owner Beach Promenade PC Appeal 3 20 09 3/20/2009 3:36:00 PM NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, May 4, 2009, at 6:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 08-013 AND VARIANCE NO. 08-007 (BEACH PROMENADE COMMERCIAL CENTER) _Appellant: Mayor Keith Bohr Applicant: Bill Holman, Michael C. Adams Associates, 21190 Beach Boulevard, Huntington Beach, CA 92648 Request: Appeal of the Planning Commission's approval of 1) CUP: To construct two additions totaling approximately 5,870 sq. ft. to an existing 85,107 sq. ft. commercial/retail shopping center and a complete fagade remodel; 2) VAR: To allow 340 parking spaces in lieu of the minimum required 380 parking spaces (40 space reduction) in conjunction with the additions to the shopping center. Location: 21022-21190 Beach Boulevard, 92648 (southeast corner of Beach Boulevard and Atlanta Avenue) Project Planner: Tess Nguyen NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, April 30, 2009. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 CADocuments and Settings\lugarr\Local Settings\Temporary Internet Files\Content.Outlook\QNZBJOKX\090504 (Beach Promenade).DOC j CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST FORM MEETING DATE: SUBJECT: ���UIVVIln��b�11�V1,(55iZr�ls f'sflD�bVVGL� GLfPOK�O(3a DEPARTMENT: CONTACTNAME: PHONE: X (7y- N/A YES NO Is the notice attached? ( ) ( ) Do the heading and closing of the notice reflect a hearing before the City Council and/or Redevelopment Agency? ( ) ( ( ) Are the date, day and time of the public hearing correct? ( ) ( ) If an appeal, is the appellant's name included in the notice? ( ) ( ) If Coastal Development Permit, does the notice include appeal language? Is there an Environmental Status to be approved by Council? ( ) ( ) Is a map attached for publication? ( ) ( ) �,�Is a larger ad required? Size ( ) ( ) Is the verification statement attached indicating the source and accuracy of the mailing list? ( ) ( ) Are the applicant's name and address part of the mailing labels? Are the appellant's name and address part of the mailing labels? If Coastal Development Permit, is the Coastal Commission part of the mailing labels? ( ) If Coastal Development Permit, are the resident labels attached? ( ) ( ) Is Summary Report 33433 attached? (Redevelopment Agency items only) What is the minimum number of days from publication to hearing date? C> What is the minimum number of times to be published? I What is the specified number of days between publications? WA FOR ADMINISTRATION AND CITY CLERK USE ONLY Approved for public hearing Date noticed to newspaper Date published Date notices mailed RCA Process Training Manual 10-05-06 -24- l�'° � ° i ® 1� Bend alo line + R TM EasX c� I t uoll3njisu+R I g E +a Use��prq�"�X@►�g�, 5160® jI III alllna;el zalins Feed Paper expose Pop d$�®A S �w096 Aa ad a salPel ananb t a 148 021 18 148 021 18 148 021 18 OCCUPANT OCCUPANT OCCUPANT 21068 Beach Blvd. 211 16 Beach Blvd. 21128 Beach Blvd. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 148 021 18 148 021 18 148 021 18 OCCUPANT OCCUPANT OCCUPANT 21 142 Beach Blvd. 21 144 Beach Blvd. 21146 Beach Blvd. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 148 021 18 148 021 18 148 021 18 OCCUPANT OCCUPANT OCCUPANT 21148 Beach Blvd_ 21158 Beach Blvd_ 21 164 Beach Blvd. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 148 025 32 OCCUPANT 21 146 Chesterbrook Ln_ Huntington Beach, CA 92646 ti uettes faciles A6 e 1' l d Qe�' z a la hachure afin�d�; Y wl very cum P : asn q � 5160 as I(s `'� p p�,5d,I +j i rb.AVERSE (sea d � ���� Pl ® ajhA+tlnti�nnsul3ter! Po l)' W)ffigNg 1Je�PA r �� t� cat FLIC FWAKIN6 tC Fg a- exr ggbtA Te7""j II S��Q � j.. President �1 Ihinti ngton Harbor POA 10 Sue Johnson I-1.B_ Chamber of Conunerc_e / P-0. Box 791 19671 Quiet Bay-Lane 19891 Beach Blvd.,Ste. 140 Sunset Beach,CA 90742 l lunt11 ,on Beach,CA 92648 Luntington Beach,CA 92648 Dave Stefanides Orange County Assoc. of Realtors 25552 La Paz Road Laguna Hills,CA 92653 President 3 Jeffrey M. Oderman 12 Pacific Coast Archaeological 18 Amigos De Bolsa Cluca RUTAN&TUCKER LLP Society, Inc. P.O_ Box 1563 611 Anton Blvd_, 14d,Floor P.O_ Box 10926 Huntington Beach,CA 92647 Costa Mesa CA 92626-1950 Costa Mesa,CA 92627 Attu:Jane Gothold Sunset Beach Community Assoc. 4 Pres., N.B. Hist. Society 13 Director 19 Pat Thies, President C/O Newland House Museum / O.C. Ping.& Dev_Services Dept_ PO Box 215 19820 Beach Blvd. P.O. Box 4048 Sunset Beach,CA 90742-0215 Huntington Beach,CA 92648 Santa Ana,CA 92702-4048 President Community Services Dept F14' Bryan Speegle 19 Huntington BeachTomorrow Chairperson O.C. Resources &Develop- Mgt_ Dept. PO Box 865 Historical Resources Bd. P_O- Box 4048 Huntington Beach,CA 92648 Santa Ana,CA 92702-4048 Julie Vaadermost 6 Council on Aging 15 Planning Director 20 BIA-OC 1706 Orange Ave_ City of Costa Mesa 17744 Sky Park Circle, It170 Huntington Beach,CA-92648 P.O. Box 1200 Irvine CA 92614-4441 Costa Mesa,CA 92628-1200 Richard Spicer 7 Jeff Metzel 16 Planniag Director 21 SCAG Seacliff HOA City of Fountain Valley 818 West 7th, 12th Floor 19391 Shady Harbor Circle 10200 Slater Ave_ Los Angeles,CA 90017 Huntington Beach,CA 92648 Fountain Valley,CA 92708 Jean F imbrell 8 John Roe_ 16 Planning Director 22 c/o E_T.I_Corral 100 Seacliff HOA City of Newport Beach 20292 Eastwood Cir. 19382 Surfdale Lane P.O. Box 1768 Huntington Beach,CA 92646 Huntington Beach,CA 92648 Newport Beach,CA 92663-8915 Craig Justice 9 Lou Mannoae 16 Planning Director 23 Ennviroamental Board Chairman Seacliff HOA City of Westminster 8711 Squires Circle 19821 Ocean Bluff Circle 8200 Westminster Blvd. Huntington Beach,CA 92646 Huntington Beach CA 92648 Westminster,CA 92683 Planning Director 24 Nancy Sebring 31 HB Hamptons HOA 38 City of Seal Beach Ocean View Elementary School District Progressive Community Mgmt 211 Eight St_ 17200 Pinehurst Lane 27405 Puerta Real,#300 Seal Beach,CA 90740 Huntington Beach CA 92647 Mission Viejo,CA 92691 www.ave c0m n Dt tiV"qR&FM' WpK1 r i � r �8�4YgE 9@baxiai ���0® j halq9 nt refr�i 4@f�?8 8 ' j 1 1► �ctv OsPeels 09-098-L j w®Qn� o 0l as Aa - — � � au!) di/xv VIM oI 40,wi3 Y den along linertaua, o Use Aver @ TW I {Ri'moA^ Pop-Up --- Ed 9 "` -®11 148 021 25 148 021 25 148 021 25 TENANT TENANT TENANT 21260 BEACH BLVD, UNIT N207 21260 BEACH BLVD, IIN1T N208 21260 BEACH BLVD, L NTL N I-1UNTINGTON BEACH CA 92648 H NTINGTON BEACH CA 92.648 HUNTINGTON BEACH CA 97,( 148 021 25 148 021 25 TENANT "TENANT 21260 BEACH BLVD, UNIT N210 21270 BEACH BLVD HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92648 'OP;k W;O-F. 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9264; 148 021 25 148 021 25 148 021 25 TENANT TENANT TENANT 21262 BEACH BLVD, UNIT M204 21262 BEACH BLVD, UNIT M205 21262 BEACH BLVD, UNIT M20t HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 9264 148 021 25 148 021 25 148 021 25 TENANT TENANT TENANT 21262 BEACH BLVD, UNIT 1\4207 21262 BEACH BLVD, UNIT M208 21262 BEACH BLVD, UNIT M20( HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92641 148 021 25 148 021 25 148 021 25 TENANT TENANT TENANT 21262 BEACH BLVD, UNIT M210 21260 BEACH BLVD, UNIT N 10 1 21260 BEACH BLVD, UNIT N102 HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 9264f 148 021 25 148 021 25 148 021 25 TENANT TENANT TENANT 21260 BEACH BLVD, UNIT N103 21260 BEACH BLVD, UNIT N104 21260 BEACH BLVD, UNIT N105 HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 9264E 148 021 25 148 021 25 148 021 25 TENANT TENANT TENANT 21260 BEACH BLVD, UNIT N201 21260 BEACH BLVD, UNIT N202 21260 BEACH BLVD, UNIT N203 HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 9264E 148 021 25 148 021 25 148 021 25 TENANT TENANT TENANT 21260 BEACH BLVD, UNIT N204 21260 BEACH BLVD, UNIT N205 21260 BEACH BLVD, UNIT N206 HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92648 T IEtiquettes fadles a n t ,46P3 do-dod asodxa . jaded Paaj �onsultez la feuW@91S ale s&A - A 5960'"` S ode ct4» kAWN Puae ® ; d`instruction Si i r NOTICE OF PUBLIC HEARING Huntington Beach Independent has been adjudged a newspaper of general BEFORE THE CITY COUNCIL - circulation in Huntington Beach and Orange County by Decree of the Superior OF THE CITY OF Court of Orange County,State of California,under date of Aug. 24, 1994,case HUNTINGTON BEACH A50479. I NOTICE IS HEREBY I GIVEN that on Monday, May 4,2009,at 6:00 PM PROOF OF in the City Council Chambers, 2000 Main Street, Huntington Beach, the.City Council PUBLICATION will hold a public hear- ing on' the following planning and zoning items:' ❑ 1. APPEAL OF THE. PLANNING COMMIS STATE OF CALIFORNIA ) CONDI APPROVAL OF CONDITIONAL USE PERR PER- MIT NO. 08-013 AND VARIANCE NO.08-007 SS. (BEACH PROMENADE COMMERCIAL,CENTER) COUNTY OF ORANGE ) Appellant: Mayor Keith , Bohr Applicant: Bill Holman, MichaeJ:_C. Ad ams Associates, 21190. am the Citizen of the United States and a Beach Boulevard,',tington Beach,CA 926482648 resident of the County aforesaid; I am over lanniet:'App m si the Planning. Commission's � the age of eighteen years and not a party ;approval of o cuP: To � 'construct two additions to or interested in the below entitled matter. totaling approximately. 5,870 sq., ft. to an ex- ' am a principal clerk of the HUNTINGTON coin 85,107 commercial/retail shop- BEACH INDEPENDENT, a newspaper of ping center and a coin- plete facade remodel; 2) , park- general circulation, printed and published In VAR:s To allow 340 park- g p p g spaces in lieu of the the Cityof Huntington Beach, Count of minimum required (40 g y parking .spaces (40 Oran e, State of California, and the space reduction) in - g junction with the aGonddi- ' attached Notice is a true and complete copy flops to the shopping center.Location:210221. as was printed and published on the '92648 Beach Boulevard, p p 92648(southeast corner ' followin�t date S of Beach Boulevard-and y �• Atlanta Avenue] Project ± Planner:Tess Nguyen NOTICE IS HEREBY GIVEN that Item 11 is categorically ',exempt from the provisions of the California Environ- mental Quality Act. j ON FILE: A copy of the . !proposed request is.on file in.the Planning De- 000 April 23, 2009 Street, Huntingtoln Beach;California 92648, for inspection by the. public. A copy of the staff report will be available•to interested parties at, the City Clerk's Office on Thursday, April 30, 2009.. - ALL INTERESTED PER- SONS are invited to at- I declare, under penalty of perjury, that the tend said..hearing and express opinions or,sub- ' foregoing is true and correct. mit evidence for or against the application as outlined above.If you challenge the City Coun- cil's action in court,you Executed on April 23, 2009 ngy onlyll mite thoset issules you or+ someone else at Costa Mesa, California raised- at the public hearing described in this notice,or in written core respondence- delivered to the City at,;or prior to, the public hearing. If there are any further questions please call the Signature Planning Department at g 536-5271 and refer to the above items. Direct. your written,communi- cations to the City Clerk Joan L.Flynn,City Clerk City,.of Huntington Beach 2000 Main Street, - 2ndFloor- - Huntington Beach, California 92648 ,(714)536-5227 Published I Huntington Beach Independent April 23,2009 044-577 I NOTICE OF PUBLIC NEARING Huntington Beach Independent has been adjudged a newspaper of general BEFORETHECITYCOUNCIL `circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California,under date of Aug. 24, 1994,case t OF THE CITY OF A50479. HUNTINGTON BEACH NOTICE IS 'HEREBY 'GIVEN that on Monday,'; ;May 4,'2009,at 6:00 PM' PROOF OF ' the City Council J�. iChambers, 2000' Main' Street, Huntington PUBLICATION ;Beach; the City Council v Li 1 1®J will hold a public hear- ; 'ing on the, following' planning .and zoning! I items: i❑ 1. APPEAL OF THE' STAVE OF CALIFORNIA ) SION'tPLANNING.APPROVAL:OF i CONDITIONAL USE PER-i MIT: NO. 08-013 AND! SS. VARIANCE NO.08-007! COUNTY OF ORANGE ) 'COMMERCIAL ENADEI COMM CENTER) Appellant:,Mayor Keith! Bohr .Applicant: Bill' Holman, Michael.C. Ad am the Citizen of the United States and a ams Associates, 211901 Beach Boulevard, Hun-; resident of the County aforesaid; I am over tington Beach,CA 92648 Request: Appeal of the. the age of eighteen years, and not a party �a ipro al Commission's, approval of 1) CUP: To,, to or interested in the below entitled matter. ,construct two additions' totaling approximately. am a principal clerk of the HUNTINGTON 51870 sq. ft. to an ex-'. listing 85,107 sq. ft.! BEACH INDEPENDENT, a newspaper of ;ping;commercial/retail and io,r m ping center and a,com-i general circulation, printed and published in plete VAR:facade,remodel;2) VAR:To allow 340 park-' the City of Huntington Beach, County of mi minimum e ilea of the minimum 'required 380 Orange, State of California, and the parking spaces (40' space reduction) in can- attached Notice is a true and complete co !tions t with the ping p copy �tions.to the shopping as was printed and published on the 12119 r.Location:Boulevard i '21190 Beach Boulevard,� following date(s): 1 92648(southeast corner of Beach,Boulevard and ;Atlanta Avenue) Project ;Planner:Tess Nguyen j_ NOTICE 1S HEREBY ,GIVEW that Item #1 is .categorically exempt 'from the provisions of, lthe California Enviion mental Quality Act.' -ON"FILE:A copy of the, proposed request is on Apri 123, 2009 :file in the ,Planning De- j partment, 2000 Main!, ,Street, .Huntington', 'Beach, California 92648, ''for inspection by the public. A copy of the ' staff report, will� be available to interested parties at. the City Clerk's iOf,fice on 'Thursday,, April 3O;,; 2009. ALL INTERESTED PER-I declare, under penalty of perjury, that the ;SONS are invited to at foregoing is true and correct. tend said hearing and express opinions or sub- mit evidence for or;. against the:application i as outlined above.If you. challenge the City Coun- Executed on April 23, 2009 mai action it couo rail may.be limited to rail-; ng only those issues; at Costa Mesa, California you.or ;someone' elte' raised 'at the public, hearing described in this respondence in vard*eli eor, respondence delivered / to the City at, or prior C to,the public hearing..If there are any further Signature questions please call the Planning Department at 536-5271 and refer to the above items. Direct; your `written"-communi- cations to the City Clerk , Joan L.Flynn,City Clerk City of Huntington Beach. 2000 Main'Stre A, 2nd Floor Huntington Beach,:, I California 92648 (714)•536-5227 Published Huntington Beach Independent Apri} i. 23,,2009 044-577 Joan L. Flynn, City Clerk City of Huntington Beach �- Office of the City Clerk P.O. Box 190 _ Huntington Beach, CA 92648 E LEGAL NOTICE - PUBLIC HEARING 0 ® 937 15209 David Vargas Di'l➢� 7886 WATERFALL CIR 9209 HUNTINGTON B - NIXIE 927 -5E.: I se 1010 110 � RETURN TO SENDER NOT DELIVERAMLE AS ADDRESSED DC: 92649019090jjjj jj*jj jc'i177---f7'jji2:33--02--16 � �'.'.�ci��:�.� �� y�•ap��� 1�➢�➢f171➢iF��i➢D13D0Dii11��ilI1DI1D1i1Di1'i1D�liiF�lli1)ill�� Joan L. Flynn, City Clerk 012H16209932 City of Huntington Beach in to Office of the City Clerk 00; A 4 P.O. Box 190 U R 02/1212010 Huntington Beach, CA 92648 "A z mailed From 92648 U= -E US POSTAG I TICE PUBLIC HEARING TO SENDER Em T,DFT1 UNCLAIMED 937-402-51 Occupant 18900 Det T T—,'+ I A< Huntingtoi N MIX I M 927 DC 1 00 lolilljlo RETURN 70 SENDEIR UNCLAIMED UNADLE TO FORWARD CC: 92649019090 *2177— 00070--11-- 27 11)1)11)1)))11)1)b)11))1)1 IMM I 11)1)1 11)))1)1))11)))1)1 1 1( Joan L. Flynn, City Clerk City of Huntington Beach Office of the City Clerk � �.� . P.O. Box 190 Huntington Beach, CA 92648 LU Cj L �9 LEGAL NOTICE - PUBLIC HEARING m 148 021 25 FB,7'189�:0� '♦ I AL\1T i 60 BEACH I31. VD UNIT N2 HUNTINGTON 131:,A(]]��CA 92C NO J � vIOV 1 q Joan L. Flynn, City Clerk City of Huntington Beachk k, Office of the City Clerk '£ s A to- r >. E �t i? .-r `u �mF ,� ti P.O. Box 190 fu Huntington Beach, CA 92648 X `�'�� fs -y +dE31'Ks.�,Pb'f3� 9 LEGAL NOTICE - PUBLIC HEARING 148 025 23 cPAUL LAMES DEAN 8162 EASTPORT DR HUNTINGTON I3f^r,ii r'A C)').(,,l DEAN 'PAUL, J cn f r FDO pt3X ,14�4 PA P�K?Ke"a AZ ,9 E3 6 C7 J O -5;L 4 4 rV/ RETURN TO SE:NDMP 1Ilo i H I � ) i) 1 ►f..1.11......)11.1„il.,,l,!„t!,„„►YtI Joan L. Flynn, City Clerk City of Huntington Beach 01D-M:,2099132 Office of the CityClerk b RETURN SERVICE--CE �� �, P.O. Box 190 � �- °�`m �� r � � gc ' Huntington Beach, CA 92648 ,- "° a 04-'21ti 2009 FdR�i4.A� rap 02648 LEGAL NOTICE - PUBLIC HEARING .• n n 148 025 05 KAREN WALTERS 21 I IG SURF WOOD LN HUNTINGTON BF 1�2 r NF717 :1 r->0a',I on 0,4/24/0'D RE'ruRm To SEeNOE R �v( U 2146 GUM 'FFaE4Ee L.N IfiqY � 14V'44� RETURN -ram .�EeNn�:t�90 11,1,,,,1,1,1 ,,,1„11„1,)1,„,„111,1„11,,,1,1„11,,,,,1,11 Joan L. Flynn, City Clerk "s City of Huntington Beach ,14 jF, Office of the City Clerk _ 1 �x eta. ' m 0 �. P.O. Box 190 '0 Huntington Beach, CA 92648 , PO.. rt r 5,4,e. LEGAL NOTICE - PUBLIC HEARING f n 148 025 42 JAVIER SANCHEZ , a 8151 DEERFIELD DR HUNTINGTON BEAC V i M:,~xX E: 9E 1 0-1 04129109 Joan L. Flynn, City Clerk '012Hl','.52,09932 City of Huntington Beach Office of the City Clerk P.O. Box 190 RETURN SERVICE C 00.394 2 3/2,0 0 9 Huntington Beach, CA 92648 U7 X6 W- fvi 'Fr Le om, 92648 a. US POST'ALGE LEGAL NOTICE PUBLIC HEARING 448 023 16 1RANCIS& LYNN FAILS 3562 CHARLES ST SAN DIEGO CA 9, NIXIE RETURN TO S E.)'4DC'F? Avn NOT DELIVERABLE-. A ADDRIrSSIM ® {� `� � / � E3C uNAm-r: ro Frc :,,, ,,)nR(:) 92648019090 01-566.-20--21 Joan L. Flynn, City Clerk 4 City of Huntington Beach p, Office of the City Clerk ef T('4E' 0 0 Q 4 R E TU R N E To'. v -, �"�'-- P.O. Box 190 .00 Huntington Beach, CA 92648 A A, iiS POSIAGE LEGAL NOTICE - PUBLIC HEARING cup148 023 48 DANIEL HILL 8155 WOOLBuRN r - X 92-7 NPIZ: 1 4081 00 04/24YO'D SO RUNTrNGTON BEI 170RwA1Q0 7IM EXP R"rN ro E'N E .20(�74 MON;7)RCH LN H1MT:cNm*rN DCH CA 92,546--SSSS Joan L. Flynn, City Clerk GIZH16209932 City of Huntington Beach LU ' 94 Office of the City Clerk R C 1� M 0 TUB SERVI C E $1 P.O. Box 190 00 , 4 23', 2 G,0 19 Huntington Beach, CA 92648 wo TIRai, -4 8 92 US POSTAGE 4 LEGAL NOTIC PUBLIC HEARING 148 027 23 Ofd �- f/� GONZALE AMILY TRUST V ,QUM —610 PACIFICOAST HWY N 100 y 'SEAL BEA CA N T'X'Z E S09 ME I Cso oaf 29J RraTWRN 'ro 7,E:NDEF? L%ELIVCRAiDLE AS UNASLE TO FORWAMD V511. Joan L. Flynn, City Clerk Fr4 City of Huntington Beach Xg-j; Office of the City Clerk v- R N P.O. Box 190 U Yr. 9) 231 r� C1 Huntington Beach, CA 92648 !2009 US POSTAGE LEGAL NOTICE - PUBLIC HEARING 1j:p7 to 101 � ° 934472 37 Ric Richardson �� © � a� 20932 CABRILLO LN fl56 A�C?y HUNTINGTON BE/ 927 NDE I C09C 01 04/2. 9/09 RETURN TO SENDCR RMCHARDSON 14525 SW MILLIXAN WAY BEAVERTON OR 9700B--21!�43 Joan L. Flynn, City Clerk .... City of Huntington Beach 012 1620993," LU Office of the City Clerk 4. J C R ET U'Rr,N 'S'E R V I C E `,Z0 394 P.O. Box 190 Huntington Beach, CA 92648 From G"-, I MA LEGAL NOTICE PUBLIC HEARING ,Oil A/I �� 934471 75 4C)S 0 Dave Donsim, 8051 ZUMA DR 415 1,Y7Q Y a 0 14UNIINGTON B fff 92,7 RETURN 70 MENDE.;; DONSING' DAVE, M 12033 STEVELV AVE LONG DE ACH CA 4c;=r,jj*)q TO �ENDER go ...... Joan L. Flynn, City Clerk City of Huntington Beach < Office of the City Clerk RN SERV I�J Rr,E T U P.O. Box 190 ,23120',' Huntington Beach, CA 92648 T-1 -rom iZ QS POSTAGE LEGAL NOTICE - PUBLIC HEARING /n I -17 TIM 93447196 ..Paul&Mary Gomes Y PO BOX 1352 SUNSET BEACH C N't De I UNAMLE TO FORWARD Joan L. Flynn, City Clerk City of Huntington Beach Office of the City Clerk RETURN SERVILCLE-E 3 94 P.O. Box 190 Huntington Beach, CA 92648 2" 20019 W c"12,648 kL "t'is P01.41AGE LEGAL NOTICE PUBLIC HEARING 3 934471 85 Roy Browning 20860 CABRILLO 927 NME;-, I 709C 01 04/2-0/09 HUNTINGTON R! RETURN 'TO SENDER BROWNING 9:a00 POINSETTIA AVE F-OUNTAMN VLY CA 92700--�42258 RETUPN TO SENDCR g,?,e�j 9 0 Joan L. Flynn, City Clerk 16 2 9 City of Huntington Beach t`f2! ,,1 9,-�2 Office of the City Clerk RETURN SERVICE 00. P.O. Box 190 9 $ 394 04`23!2009 Huntington Beach, CA 92648 0 WW. 92646 m, 57 USS P()STAGE LEGAL NOTICE - PUBLIC HEARING C7 934 472 24 141 Michael Vu 20965 CABRILLO I ",I "A" A?0Y t1) L�, HUNTfNGTON BE 9217 NUBM I C00C 01 04/20/09 RE'rURN TO SENDER Joan L. Flynn, City Clerk City of Huntington Beach 012HI6 CK <37 Office of the City Clerk k y, P.O. Box 190 - Huntington Beach, CA 92648 u.S POSTAGE LEGAL NOTICE - PUB !C HEARING i ^ 493151 64r Juea ARR O DRNTE YPARK( / RETURN TO SENDER 'VACANT V `VAC:C ARl'T' UNADLE TO FORWARD r_ Joan L. Flynn, City Clerk rz - - City of Huntington Beach , s Office of the City Clerk " P.O. Box 190 4 t p 4 'D - Huntington Beach, CA 92648 " US P(OSTA15E EGAL NOTICE - PUBLIC HEARING r 937 151 98 � 1 Paul f �e � - - SP7KARDD UNTiNGTO 'lla � � aoag NIXIE 927 1)C: I o.L od/ o.✓0,t Joan L. Flynn, City Clerk 621 City of Huntington Beach 512 W Office of the City Clerk 7 RE URN SER V It"'EE 42 �t -394 P.O. Box 190 1 - 'Leh Huntington Beach, CA 92648 p- iA�Oed 926411` ar P(--)STAGE LEGAL NOTICE PUBLIC HEARING 14� its- 024 30263 8 � ��� LA CUESTACOMMU­j,11-rV QIZ\f May a A�C? 24422 AVENIDA DE L.A CAR LAGUNA HILLS CA 92 Ad 1 X I E: 9:72 7 19 L:* oi RETURN TO 'SENDER ATTE-MPTED - NOT KNOWN UNAGLE TO rORWARD GC D2,45�4 1 C)19 0 S)0 F3'�ta 19 0 Joan L. Flynn, City Clerk 1620 99"2 City of Huntington Beach -T" '4 \;`1?'E Office of the City Clerk Rf iu W < SER P.O. Box 190 Huntington Beach, CA 92648 Prom S!26a8 US POSTAGE LEGAL NOTICE PUBLIC HEARING e. <2 - 937 152 14 C Michael&Karen Farrell 5 GLENMOOR CT FRISCO TX 75034 04120101) ,,,S 0 N EB r- :LC.O—Dl 70 R F-T U Rn N -T'o S,C YsI D IF.R FARRELL 79,-22 WATE'6RFALL. CXR2 Joan L. Flynn, City Clerk City of Huntington Beach Office of the City Clerk ` "SERVICE � `�� P.O. Box 190 Huntington Beach, CA 92648 LU riqaqeci Prom 9 2 4 8 LjS POSTAGE LEGAL NOTICE PUBLIC HEARING 148 027 43lV�, �JENNIFEK 1313NDLETON 458 PO BOX ��j �� Q HUNTINGTON N IX X E Via. 7 Dc 1 66 b4,1,:WW., RCTURN TO SENDER jN'SUF'F:CC1E:.'N'r ADDRcs;S UNAMLE TO PORWARD Joan L. Flynn, City Clerk C, 2" City of Huntington Beach 62 2 Office of the City Clerk 194 R E TIJ R N S E R V I I'CIIEZ P.O. Box 190 16 Huntington Beach, CA 92648 Of-112312009 maaed From 92648 US POSTAGE LEGAL NOTICE PUBLIC HEARING 024 31246 WATER-FRONT COMMUNITY ASSN D� 26 CORPORATEMCI ,,NEWPORT BEA( NX X 11 E: 927 9E 1 01 04/29/09 RL?'ruRN 'TO SENDER XNSL)FFXCXENT ADIDRESS UNAMLE To PoRwA;� D Joan L. Flynn, City Clerk 012 H 1,90 2 City of Huntington Beach r Cr- Office of the City Clerk N SER"v I E $00394 RE-FUR vt 0 P.O. Box 190 04�'23`2009 Huntington Beach, CA 92648 hbi�cd From 92648 �JF, POSTAGE LEGAL NOTICE PUBLIC HEARING�# 0 ,0,i 1 �/ 148021 25 C 8 TENANT 21272 BEACH BLVD, UNIT E204 HUNTINGTON B N 1 X M M 927 9M I RETURN TO SENDER VACANT UNAMLE TO FORWARD MC. 9,26400L9090 *2177-01244-01--210 &I so Joan L. Flynn, City Clerk City of Huntington Beach Office of the City Clerk SERVIC T C`0 3Q4 REtURN E or P.O. Box 190 Huntington Beach, CA 92648 W /2 32�D0 '-est.$ MaVed F60m, 9?648 LIS POSTAGE LEGAL NOTICE PUBLIC HEARING 148021 25 TENANT C, /ND '21272 BEAC14 BLVD, UNIT E209 M f Y) "'too(? HUNTINGTON N NT XX E 927 9E, 1 01 os/oly6s RETURN TO SENDER VAC ANT Joan L. Flynn, City Clerk City of Huntington Beach W, VnI Office of the City Clerk LY, 0 39�RET j R N S E R V I[IC"E- 7MA P.O. Box 190 V1 Huntington Beach, CA 92648 y iR") d r 9264 I s J POSTAGE LEGAL NOTICE - PUBLIC HEARING q � l 0� 937 151 36 lvvd Brian&Abigail Mcernahon 7882 SOUTHWIND CfR IM?y qj &01c� H-UNUNGTON BI 927 '�00C RETURN 'TO SENDER MCMIPIHON RIVER TER AR LstQ Naw YOFZX We RETURN '70 SE:NDI;-;R II JIM I 114rHII)IIIIIIII III)MI 1111111 11111 1 I1111k IIIJ)11 Joan L. Flynn, City Clerk 11,2:--�',, 2 City of Huntington Beach Office of the City Clerk j 4 Q o P.O. Box 190 .09- Huntington Beach, CA 92648 j 171 9u U7 LEGAL NOTICE - PUBLIC HEARING !"IS 0 )STAGE hot C up --1'937 152 32 Reed 4453 REGALO B.Tf-F 11 - I I-AS VEGAS N) N IX I E--"- p-9 1 oc i 00 042-121=sjos RETURN TO SENDER ATTE.MPTED -- NOT KNOWN UNAEBLE TO FORWARD Joan L. Flynn, City Clerk �b0���s3� ���� City of Huntington Beach � �' .,�,. - t Office of the City Clerk � SERVICE 'Y � � 'RETURN �. P.O. Box 190 Huntington Beach, CA 92648 From „ ,r . y " ijS POSTAGE LEGAL NOTICE - PUBLIC HEARING a24 934 47 93 N0,0 Tre urns `-1 "/ a V V g 18 LEE ST ATTLEWA98109 t�1IX11*7 =�Fz�a E>[- t 0�� c��a/ i ���c:s_� RETURN TO SENOMR L)1yJAIE LEv TC ITORM7r1RD A10 i1;c 6--0 L'j3>:]3 s--'12 t�i- 127 C~C i`vf� p � � r 1t 1!Hal 1 11I!1 1!lti!11 I I I!kt!�!!!l�!!1117111 i1I!II Joan L. Flynn, City Clerk City of Huntington Beach Office of the City ClerkRETURN1 - P.O. Box 190 4 �- .8 E4 . 1; C)T, 23 2 f U Huntington Beach, CA 92648 1 W, I E Ir S P 0,c:�T A G i,' LEGAL NOTICE - PUBLIC HEARING i 148 023 32 Richard NNr +r teae 8141 PENNINGTO'Ni>lu 14UNTINGTON B1 927 NEs}C 1 109C: 01 04/29/0-9 R ETU RJed TO SE N0Emfit TMSRE:IJ 9915 CONTIA3F.:t TAt.. DR Joan L. Flynn, City Clerk City of Huntington Beach 012;4152 0199 3,71 Office of the City Clerk 4 p T 0,�: 0 R E t- v C) 3 9 P.O. Box 190 . M , 4 23 9 Huntington Beach, CA 92648 k ,)�0 3: hrla, d F ro a I C�2 E' Z M • POSTAGE, LEGAL NOTICE - PUBLIC HEARING 937 15226 Thomas&MAIN Emalyn Anthony y q) 419 ST HUNTFNGTON BEACH CA ()?C,4R N I-XI,V� 927 9 la- 04J::�bJb§ RCTURN TO .4MNDE-:R F?C F U 41S.F D uw�m.E: To F!LmkoARr) CC: -9,2640019090 A 2177 0 4 17 0—3 0 4 Joan L. Flynn, City Clerk City of Huntington Beach P Office of the City Clerk R ETURN SE R X-1 r P 0 3 9 P.O. Box 190 ull ell, Huntington Beach, CA 92648 Mai;ed Rom POSTAGE LEGAL NOTICE PUBLIC HEARING,#- a� 937 151 03 4rm Debusschere Q--, /� BOX4]01 qj RRUCKEE CA 9616 Joan L. Flynn, City Clerk City of Huntington Beach 012'H'16209932 e Office of the City Clerk m St 4 REERI""E__ IN TURN S V P.O. Box 190 'Q (-�4i'2009 Huntington Beach, CA 92648 r23 51'-O�edf Flo, '4A6 1JS P()!STAIGI� LEGAL NOTICE - PUBLIC HEARING 0I pF of 9937 151 86 CJeriSheehan 6 iii7962 SEAWALL CIR HUNTINGTON BEACI AN Y -0\ r N I X1 C 927 DE 00 04.129/69 RETURN TO SMNDER NOT DELIVERABLE AS ADDRESSF0 kA14ACILM TO FORWARD Is 2w-b*19 0 1111m1h,1111 1,01"11,11mmill 111)I)JIM I)h 1 11)))Iddl Joan L. Flynn, City Clerk City of Huntington Beach VT C LU Office of the City Clerk CT t_. IIURN SER 3 C-)4 R P.O. Box 190 Q 3: Huntington Beach, CA 92648 ww 92648 06 T A C,E US POS t LEGAL NOTICE - PUBLIC HEARING ��:gin- �� 937 15006 ,Jose Suarez /�d d �� a 13 �H801 SAILBOAT CIR NTINGTON BEACH CA 92648 4v In NIXIE 927 DE 1 00 04/29109 Rc,ruF?N "r() sENDUR TAo,j, r%E7.LXVr-. RAE-DLV_' AS ADDRESSSED Joan L. Flynn, City Clerk 012HI6209932 City of Huntington Beach Office of the City Clerk < 11 ' 00394 J RE TURN SERVICE X - P.O. Box 190 00 Huntington Beach, CA92648 US POSTAGE LEGAL NOTICE - PUBLIC HEARING 4 9344723l N�" - 0v I? Liao naIel � ilyFmst 97i76 H�RB GLFN kl I 0 HUNTINGTON BI X 92*7 NBC 1 C-107C 01 041,1219/0-3 FORWARD TZME EXP RTN TO SEND LIAO 637.L MORNINGSIDE DR HUNTINOTN MICH CA 9'21540-t3-1107 RETURN TO SENDE 0 19 0 I]JIMI I Joan L. Flynn, City Clerk City of Huntington Beach 71 ci Office of the City Clerk RETURN' SERVT C�-�&-- ' E I� --� I P.O. Box 190 Huntington Beach, CA 92648 a Wi:LEGAL NOTICE - PUBLIC HEARING A MKPMTZM'--"'M M-1-1 p /vn0 � g- lt 937 151 61 0/3 Lic Jimzbby Z/,/ -3926 RUSKfN ST LAS VEGAS NV 89 N 71"X2 9 9 1 1 M. 1 39 04/291�01;# RETURN 'ram sqNDE--R I'VERAMLE AS ADDRESSE L LINAULL TO PORWARD Joan L. Flynn, City Clerk 62099 City of Huntington Beach ° '" Office of the City Clerk RETURN P.O. Box 190 SERVICE 4 On� � � _ � � M,.. t Huntington Beach, CA 92648 (117, M 04123'2009 2� e'er m rw)aiYed F.oFn 92648 US POSTAGE LEGAL NOTICE - PUBLIC HEARING 148 023 43 TENANT 8131 WOOLBURN DR H-UNTINGTON BEACHRETURN TO SENDER / VACANT so Joan L. Flynn, City Clerk 9 City of Huntington Beach Office of the City Clerk RETI URN : 9 �s. - P.O. Box 190 0 2 s -?iD09 Huntington Beach, CA 92648 T w POSTAGE LEGAL NOTICE - PUBLIC HEARING S 148 021 19 I ENANT /�(� / V 69 i 21168 BEACH Bl.vn HUNTINGTON : N Ix ME- 927 9C 1 01 0 4/20/09 Joan L. Flynn, City Clerk `` Y"` 'V`a" City of Huntington Beach Office of the City Clerk RETURN SERVICE re 4.� P'+_IX � Imo. 2 �" 00.394.. P.O. Box 190 :� Huntington Beach, CA 92648 21 1i e L 6""0TAGS LEGAL NOTICE - PUBLIC HEARING 148 025 38 TENANT rr iaot 8.131 DEERFIELD DR /PQ HUNTINGTON BE. vA{ ANT Joan L. Flynn, City Clerk City of Huntington Beach Office of the City Clerk T iORN SERVICE: P.O. Box 190 ` 3r'2 009 Huntington Beach, CA 92648 '• s< ..1 POSTAGE. LEGAL NOTICE - PUBLIC HEARING j d � 48 023 19 T NT mqy 8152 ESTONE E HUNT[NGT 1`I.'3EAC N1"XxE: 927 SIC 1 01 04/2, 109 I VACANT UNAOLC To r-ORWARO Joan L. Flynn, City Clerk City of Huntington Beach Office of the City Clerk Q TURN SERVIC-E S' �00 "IQ4 RE P.O. Box 190 0 0 4 i 2312 10,0 Huntington Beach, CA 92648 JS POSTAGE LEGAL NOTICE - PUBLIC HEARING 148021 25 G p N�l �8 TENANT 21250 BEACH BLVD, UNIT K 104 Y 611 aM 9 HUNTINGTON E 927 9C :1 CAA 04/2e/09 RETURN TO SCENDCR V A CA N T UNAMILCI TO FORWARD c�c ic Joan L. Flynn, City Clerk oy 2 City of Huntington Beach 00220 Office of the City Clerk R T C uka-a. ETURN SERV . rm, 94 P.O. Box 190 01 2 0 9 Huntington Beach, CA 92648 2 3 0 mw4emi-rom 92e,13 CL to US POSTAGE LEGAL NOTICE - PUBLIC HEARING # 148 021 25 TENANT 01 0 9 3 21266 BEACH, BLVD, UNIT D201 ay 7./ 60 HUNTINGTON B'. NIXIE 927 9C 1 01 04/20/09 RSTURN TO SSNOCR VACANT Joan L. Flynn, City Clerk City of Huntington Beach 0 W U Office of the City Clerk RETURN SERVITIE z) P.O. Box 190 ty X Huntington Beach, CA 92648 2 3 20 0 9. �,aaited From '92648 U15 POSTAGE LEGAL NOTICE PUBLIC HEARING-tt 14112121 & p N of g 1. `\Jj) TENANT 21252 BEACH BLVr) I 1-MIT A I 10 M 01 Y 190 HUNUNGTON BE. WX X1 C 9.27 SIC 1 01 04/20/09 RETURN TO SENDER VACANT UNAMLC TO rOPWARD rIM: 92154001f--oO90 A2077 0 1 S 0 4--'2 0 2Z-: Joan L. Flynn, City Clerk City of Huntington Beach Office of the City Clerk VT !Zj)0,3 94 RETURN SEER HE 'M' P.O. Box 190 0 1— ltj Huntington Beach, CA 92648 UJ 0)W 92,6,18 US POSTAGE LEGAL NOTICE - PUBLIC HEARING 148021 25 � � ��� n � - ��� TENANT 21262 BEACH BLVD, UNIT M208 Aj Q y q , HUNTfNGTON NMX3:C 9127 9C 61 REPTURN TO SENOMR VACANT UNAMLG: 'TO rORWARD Joan L. Flynn, City Clerk City of Huntington Beach , , c, `` Office of the City Clerk � Y a P.O. Box 190 Huntington Beach, CA 92648 zr� LEGAL NOTICE — PUBLIC HEARING 148 025 21 cc:;D .,Deborah Bailey / v 3 "�8 141 SEAPORT DR /�,� t� ` HUNTINGTON BEACH CA Q?646 �gY �! , al o © q N:TX1C:: gars" sc :1 01 04120109 RETURN TO SENDER NO SUCH NUMMCR DC: 9264*019090 A2077 0100:t-1-10 5. _%2_ . _zi L l 1 91") Joan L. Flynn, City Clerk ,^ City of Huntington Beach " Office of the City Clerk ; N.s e P.O. Box 190 g f w R $3 ,� ,, 4 Huntington Beach, CA 92648 �e 0 US POSTAL; =. LEGAL NOTICE — PUBLIC HEARING q ppe 43 362 36 WNANT 8201 ATLANTA AVE J30 ©� 9 HUNTINGTON BEA"" " ' """' J N:EXIEr 927 5C: I Ct;1 04).'20/04 Joan L. Flynn, City Clerk City of Huntington Beach Office of the City Clerk 039 RIEEETURN SER,V 1 P" 0 4 P.O. Box 190 9 Huntington Beach, CA 92648 0' 23!2 00 UNS POSTAGE" LEGAL NOTICE - PUBLIC HEARING -J-L-- 14802528 v Patrick Murphy 8136 EASTPORT DR HUNTINGTON BEA N I X I EZ 9 2 7 0C 1 00 04/!: 0109 RETURN TO S MN DE R ATTEMPTED - NOT KNOWN UNAMLE 'ro F'oFiwp4Rr) 0C 0 7'--1 0 11 S.7-2,C) 21 i s)o Joan L. Flynn, City Clerk City of Huntington Beach C 121, 66,�0 2 Office of the City Clerk RE 1­10 R N SE:R V X _J P.O. Box 190 IrD03C )4 Huntington Beach, CA 92648 9264- POSTAGE LEGAL NOTICE - PUBLIC HEARING -1±7 �0-/ � a� 362 36 0 - :.W-NANT Y -8201 ATLANTA , HUNTINGTON B NIX X I E_ 927 -DC I oo o,4Y29/6§ RETURN TO SENDER NO ISUCH Nkil-IMcf-rc Joan L. Flynn, City Clerk City of Huntington Beach s "� `r 12�—';162 E s 22 Office of the City Clerk ,'7 m. RETURN SERVICE P.O. Box 190 Q , ., , 09 Huntington Beach, CA 92648 ; "'```" S, POSTAGE LEGAL NOTICE - PUBLIC HEARING 111�� J 148 02744 � D� MWARD MAC IAS [I 13 ��•,r�,ect�' � 8122 RIDGEFIFLD DR MCI ��HUNTINGTON 'rr"A 0')A,4t; amg RETURN '70 MEN 0 MR ATTEMPTED -- NOT KNowN SC' 9,2649019090 i�:z�c) i Joan L. Flynn, City Clerk VIA 4 City of Huntington Beacht ` Office of the City Clerk URN SERV , f ,;.r ` P.O. Box 190 39 Huntington Beach, CA 92648 A-4- qUS POSTAGE LEGAL NOTICE - PUBLIC HEARING P /V� 148 023 14 V f . JACK MARANGI '— 8232 PAWTUCKET DR HUNTINGTON BED (/��J PN1X7:Ce 927 9C 1 01 04.!'20109 Joan L. Flynn, City Clerk City of Huntington Beach Office of the City Clerk RETURN SERVICE F 1 } P.O. Box 190 Z. e Huntington Beach, CA 92648 � ; ,, six i'aP�aIIc,From 929,48 US POSTAGE LEGAL NOTICE - PUBLIC HEARING-II- 14802736 DYANNA ROSSI 8135 RIDGEFIELD DR h�oly a �� 9 HUNTINGTON BEACI 1 N X X I Ef- 927 9a 1 01 04120109 RE_'YL.RN 'TO SENDER NOT DELIVERADLEZ AS ADDRESSED UNiiAOLC 'TO FORWARD MC: 92Ej;49019090j *2177•-0 4027--29-29 " ('-'�-G}k'kl�-�� .� ,�Jt3 IlililY{1{I111111113111DIi IIifYiltllli1111111i�i{IIIIUiiillll Joan L. Flynn, City Clerk )l2 , � City o Huntington Beach t., X 6 ,-�� �,� -i� � � 2 Office of the City Clerk - A T C r . x, R T - R S t .. P.O. Box 190p5p E Huntington Beach, CA 92648 k 4 12 3"4 02 US POSTAGE LEGAL NOTICE - PUBLIC HEARING p s - 937 150 27 � �� Ralph&J Matillo 34110 SELVA RD 9323 DANA POINT CA 92"'^ NXXTEE; 927 91E 1 01 04/2:0 r°o9 RETURN TO SENDER No,r M ELIVEERAGL E AS t3C}ORE:.S'SE:D Joan L. Flynn, City Clerk City of Huntington Beach ? Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 s F � ; ., S G LEGAL NOTICE - PUBLIC HEARIN P �f 9 st17 dandy Go es ry19B1� " 3 CAP[STRANO DR DALLAS TX 75287 __ - _ i t3C �+ ✓ ,.r --------- RETURN RN TO SEEN0CR NOT DMLRI�v'�:F+it:d1E -r A*', ADC71=@F::SSE:'0 UNABLE 'YC7 F'CJ➢q'LdARD Joan L. Flynn, CityClerk s `° r 91 City of Huntington Beach � x Office of the City Clerk p' . P.O. Box 190 s a n rat Huntington Beach, CA 92648 �pp'eQl � R„ v - 0R6T' 1jR%'t"V,,' LEGAL NOTICE - PUBLIC HEARING (� V )0 Huntington Harbor POA l0 AA P. (). F3oc 791 Sunset Beach,CA 90742 1 I.54 1 00 Joan L. Flynn, City Clerk v A6 rf, City of Huntington Beach Office of the City . Clerk RET 00 594 1 1 C C URN SER"1 . E P.O. Box 190 fell Huntington Beach, CA 92648 4 a Fm ro 926 ....... ...... he . POSTAGE LEGAL NOTICE PUBLIC HEARING U 3 934 471 79 �� � � � � ®d Lucille Lasnier 9582 HAMILD HT YNTINCYTOT, RETURN TO N D ER NOT DELIVERAMLE A S Ai D D R E'S,S-1 L�'D UN)A M L E T 0 FOPWARD 11111ki it 11�i JiHt lIkHhi)1 — " h Joan L. Flynn, City Clerk City of Huntington Beach I Office of the City Clerk URN S T? VZ P.O. Box 190 T11 Huntington Beach, CA 92648 in AGE 1�s Pr( 7 LEGAL NOTICE - PUBLIC HEARING 934471 72 Lucille Lasnier 9582 HAMILTON.' Ina Y HUNTINGTON 131 90r� 5C 01 0i"tc - 1014 RSU71�33q,N TO UNAD-L.E: TO rORWARD Page 1 of 1 Nguyen, Tess From: Wine, Linda Sent: Monday, February 23, 2009 2:08 PM To: Nguyen, Tess Cc: Wine, Linda Subject: FW: Big Lots Update (CUP#2008-013) -can be LATE COMMUNICATION for SS tomorrow night or part of S.R. for PH on 3-10-09 To: Huntington Beach,CA 92646 February 181',2009 City of Huntington Beach Huntington Beach Planning Department FEB 23 2009 C/O Planning Commission PO Box 190 Huntington Beach,CA 92648 Re: Conditional Use Permit No.2008-013 To: Scott Hess,Director of Planning: This letter is to let you know that as a resident of Surfside Homes By the Sea,which is adjacent to the Big Lots Shopping Center on Beach and Atlanta,I SUPPORT a ONE STORY expansion and remodel in that center. I AM AGAINST A HIGH RISE DEVELOPMENT for that location. As a resident-owner in Surfside Homes By the Sea I can't see any good reason why there should be more high rise developments encroaching on the space around my town home community. Again,I support the owners of the Big Lots Shopping Center in their plan to update the center while keeping the height of the stores in the Big Lots Shopping Center no higher than ONE STORY! "Thank you for your time. Sincerely, Ella Ruffmo 8171 Whitestone Dr Huntington Beach,CA 92646 Faxcd to: 714 374-1678(Scott Hess,Director of Planning)714 536-5233 (City Council) E mailed to : linda.wine@surfcity-hb.org(Planning Commission)pdapkus o surfcity-hb.org(City Counsel) 2/26/2009