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Pub Hear - Appeal by Councilmember Cook to Planning Commissi
PROOF OF SERVICE OF PAPERS STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 2000 Main Street, Huntington Beach, CA 92648. Pursuant to Code of Civil Procedure § 1094.6, on November 1, 2001, 1 served the foregoing documents(s) described as: NOTICE OF FINAL ACT/ONon the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: RHL Design Group Attn: Larry Tidball 1201 S. Beach Blvd., Suite 207 La Habra, CA 90631 a. [X] BY MAIL -- I caused such envelope to be deposited in the mail at Huntington Beach, California. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business, with postage thereon fully prepaid. I am aware that, on motion of a party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in the affidavit. b. [ ] BY MAIL -- By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [ ] BY DELIVERY BY HAND to the office of the addressee. d. [ ] BY PERSONAL DELIVERY to the person(s) named above. e. [ ] BY FAX TRANSMISSION to no. INSERT FAX NUMBER. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 1, 2001, at Huntington Beach, California. s r CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 30, 2001 RHL Design Group Attn: Larry Tidball 1201 S. Beach Blvd., Suite 207 La Habra, CA 90631 Dear Mr. Tidball: Please find enclosed the October 15, 2001 minutes of the regular meetings of the City of Huntington Beach City Council/Redevelopment Agency at which there was action taken regarding the following: (City Council) Public Hearing - Continued from October 1, 2001 —Consideration of an Appeal Filed by Mayor Pro Tern Debbie Cook of the Planning Commission's Approval . of Conditional Use Permit No. 00-58 (s/w Corner of Warner Avenue/Goldenwest Street Chevron Service Station) Applicant: RHL Design Group, Inc./ Larry Tidball (Includes Request for Alcoholic Beverage Permit) - Original Public Hearing Opened and Closed May 7, 2001 with Referral to the Design Review Board Sincerely, Connie Brockway, CIVIC City Clerk Enclosure gJfollowup/appeaftlnute letter 2001.doc 1 Telephone:714-636-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK November 1, 2001 CONNIEBROCKWAY CITY CLERK RHL Design Group Attn: Larry Tidball 1201 S. Beach Boulevard, Suite No. 207 La Habra, CA 90631 Re: NOTICE OF FINAL ACTION Dear Mr. Tidball: The City Council of the City of Huntington Beach at its regular meeting held Monday, October 15, 2001 took action on the following Public Hearing Appeal: Appeal Filed by Mayor Pro Tern Debbie Cook of the Planning Commission's Approval of Conditional Use Permit No. 00-58 (s/w Corner of Warner Avenue/Goldenwest Street Chevron Service Station) Applicant: RHL Design Group, Inc./Larry Tidball (Includes Request for Alcoholic Beverage Permit) - Original Public Hearing Opened and Closed May 7, 2001 with Referral to the Design Review Board. The City Council upheld the Planning Commission's approval of Conditional Use Permit No. 00-58 with revised architecture as recommended by the Design Review Board (DRB). The Findings and Conditions of Approval indicating the DRB's recommendations are enclosed. Additionally, pages 8-9 of the October 15, 2001 Action Agenda are enclosed. The October 15, 2001 minutes of the public hearing will be mailed to you following Council approval of the minutes. THIS IS A FINAL DECISION. YOU ARE HEREBY ,NOTIFIED THAT PURSUANT TO PROVISIONS OF SECTION 1094.6 OF THE CODE OF CIVIL PROCEDURE OF THE STATE OF CALIFORNIA YOU HAVE NINETY DAYS FROM THE DATE OF MAILING OF THIS NOTICE TO APPLY TO THE COURT FOR JUDICIAL REVIEW. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, �� (f��u1�1:.F•''v Connie Brockway, CMC City Clerk Enclosures: Government Code 1094.6 Suggested Findings&Conditions of Approval Action Agenda Pages 8-9 cc: Ray Silver,City Administrator Gail Hutton, City Attorney Howard Zelefsky, Planning Director H. Fauland, Sr. Planner g 1followup/appeal/90dayl tr.doc (Telephone:714.536-5227) CODE OF CIVIL PROCEDURE § 1094.6 § 1094.6. Judicial review; decisions of local agencies; petition; filing; time; record; decision and party defined; ordinance or resolution (a) Judicial review of any decision of a local agency,other than school district,as the term Iocal.agency is cjefned in Section 54951 of the Government Code,or of any commission,board,officer or agent thereof, may be had pursuant to Section.1094.5 of this code only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section. (b) Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision, or for a written decision or written findings supporting the decision, in any applicable provision of any statute,charter, or rule,for the purposes of this section, the decision is final on the date it is announced. If the decision is not announced at the close of the hearing,the date,time,and.place of the announcement of the decision shall be announced at the hearing. If there is a provision for reconsideration,the decision is final for purposes of this section upon the expiration of the period during which 'such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. If there is a provision for a written decision or written findings,the decision is final for purposes of this section upon the date it is mailed by first-class marl, postage prepaid, including a copy of the affidavit or'certificate of mailing,to the party seeking the writ. Subdivision (a) of Section 1013 does not apply to extend the time,following deposit in.. the mail of the decision or findings,within which a petition shall be filed. (c) The complete record of the proceedings'shall be prepared by'the.local agency or its commission,. board, officer, or agent which made the decision and shall be delivered to the petitioner within 190 days after he has filed a written request therefor. The local agency may recover from the petitioner its'actual costs for transcribing or otherwise preparing the record. Such record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision,all admitted exhibits,all rejected exhibits in the possession of the local agency or its commission,: board,officer,or agent,all written evidence,and any other papers in the case. (d) If the petitioner files a request for the record as specified in subdivision(c)within 10 days after the date the decision becomes final as provided in subdivision(b),the time within which a petition pursuant to Section 1094.5 may be filed shall be extended to not later than the 30th day following the date on which the record-is either personally delivered or mailed to the petitioner or his attorney of record, if he has one: (e) As used in this section, decision means a decision subject to review pursuant to Section 1094.5. suspending,demoting,or dismissing an officer or employee,revoking, denying an application for a permit,license, or other entitlement,imposing a civil or administrative penalty, fine,_charize, or cost, or denying an application for any retirement benefit or allowance. '(f) In making a final decision as defined in subdivision(e), the local agency shall provide notice to the party that the time within which judicial review must be sought is governed by this section. As used in this subdivision,"party"means an officer'or employee who has been suspended,demoted or dismissed; a person whose permit,license,or other entitlement has been revoked or suspended,or whose application.for a permit,license,or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied. (g) This section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter, unless the conflicting provision is a state or federal law which provides a.shorter statute of limitations,in which case the shorter statute of limitations shall apply. (Amended by Stets. 1983, c. 818, § 3; Stats.1991, c. 1090 (A_B.1484),1 6; Stats.1993, c. 926 (AB2205); § 5; Stats.1995,c.8&8(S.B.814), § 1.) ATTACHMENT NO.3 DESIGN REVIEW BOARD RECOMMENDATION 9/13/01 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 00-58 FINDINGS FOR PROJECTS EXEMPT FROM CEOA: 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 Class 2,Replacement or Reconstruction, Section 15302 of the CEQA Guidelines,because replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced are exempt from further environmental review. FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 00-58: 1. Conditional Use Permit No. 00-58 for: a)the demolition of an existing service station facility and establishment, maintenance and operation of a new service station with an approximately 2,000 sq. ft. convenience market and associated site improvements on a 22,500 sq. ft.project site; and b) to permit the sale of alcoholic beverages (beer and wine) for off-site consumption 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 development is consistent with General Plan goals for high quality architecture and incorporates landscaping along street frontages. The architectural treatment of the building minimizes visual bulk and mass. 2. The conditional use permit will be compatible with surrounding uses because the project will be designed to provide adequate space for passenger vehicle and'truck access. The building design will utilize colors and materials which will complement existing surrounding development and will incorporate features such as projecting hip roof towers at the front and rear of the building, a freestanding column entry portico,projecting metal trellises, spandrel glass in-fills, stone veneer ' columns,recessed plaster wall planes, "cranberry"color storefront frames and metal which will contribute towards achieving a high quality architectural design and will encourage further improvement of existing surrounding development. 3. The proposed service station development plan 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 including street-side and comer landscape code requirements. 4. The granting of the conditional use permit will not adversely affect the General Plan because it is consistent with the following goals and policies of the General Plan: Goal LU 4: Achieve and maintain high quality architecture, landscape and public open spaces in the City. DRB Recommendation CUP No.00-58 Page 2 Policy LU 10.1.12: Require that Commercial General uses be designed and developed to achieve a high level of quality distinctive character and compatibility with existing uses including the consideration of a. Incorporation of site landscape,particularly along street frontages and in parking lots. Policy CE 7.2.3: Encourage that all proposed building sites adjacent to a scenic highway include open space, plazas, gardens, or landscape areas which enhance the scenic highway and create a buffer between the building site and the scenic highway. DRB Recommendation CUP No.00-58 Page 3 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 00-58 1. The plans and elevations received and dated September 7,2001,.shall be the conceptually approved layout with the following modifications: a. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) b. 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 rights-of-way. 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. (Code Requirement) c. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes,but is not limited to,heating, air 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 screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) d. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building,they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. e. Energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. Outdoor lighting shall be located to maximize effective illumination and facility security. (PD) f. The emergency exit near the restrooms shall be alarmed at all times. (PD) 2. Prior to issuance of demolition permits,the following shall be completed: DRB Recommendation CUP No.00-58 Page 4 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. f. A truck hauling and routing plan for all trucks involved in asbestos removal and demolition of the existing structures shall be submitted to the Department of Public Works and approved by the Director of Public Works. g. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. 3. Prior to issuance of grading permits, the following shall be completed: a. A grading plan,prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PV ) b. A detailed soils analysis shall be prepared by a Registered Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading,chemical and fill properties, foundations, streets, and utilities. (PV ) c. In accordance with NPDES requirements, a"Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. "Best Management Practices" shall be identified and incorporated into the design. (PV ) d. A remediation plan shall be submitted.to the Planning, Public Works and Fire Departments for review and approval in accordance with City specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties. (PV ) DRB Recommendation CUP No.00-58 Page 5 e. The name and phone number of a field supervisor hired by the developer who is on-site shall be submitted to the Planning Department and Public Works Department. In addition,clearly visible signs shall be posted on the perimeter of the site every 250 ft. indicating whom to contact 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 number of the applicant's contact, City contact(Jack Miller(714) 536-5517) regarding grading and construction activities, and"1-800-CUTSMOG" if there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) f. The applicant shall notify all property owners and tenants within 300 ft. of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PV ) g. The applicant's grading/erosion control plan,shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (PW h. The developer shall coordinate with the Department of Public Works in developing a truck haul route if the import or export of material 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. (PV) i. A plan shall be prepared and submitted to both Planning and Public Works Departments identifying wind barriers and screening around remediation equipment and materials. (PV) j. A plan shall be prepared and submitted to the Public Works Department for review and approval that details how all drainage associated with the remediation efforts shall be retained on site and how no wastes or pollutants shall escape the site. (PV ) 4. Prior to submittal for building permits,the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits(architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. All Fire Department requirements shall be noted on the building plans. (FD) DRB Recommendation CUP No.00-58 Page 6 5. Prior to issuance of building permits,the following shall be completed: a. Submit a copy of the revised plans,pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department and- submit 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials sample board,and massing model to the Planning Department for inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain,existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1)with minimum 36-inch box trees and shall be incorporated into the project's landscape plan (PW) (Code Requirement) c. An interim parking and building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. d. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape standards and specifications. (PW) 6. During demolition,grading, site development, and/or construction,the following shall be adhered to: a. Water trucks will be utilized on the site and shall be available to be used throughout the day.during site grading to keep the soils damp enough to prevent dust raised by the operations. (PW) b. Wet down areas to be graded or that are being graded in the late morning and after work is completed for the day. (PW) c. 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. (PW) DRB Recommendation CUP No.00-58 Page 7 d. The construction'disturbance area shall be kept as small as possible. (PW) e. 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. (PW) f. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt from leaving the site and impacting public streets. (PW) g. Comply with appropriate'sections of AQMD Rule 403,particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. Wind barriers shall be installed along the perimeter of the site. (PW) i. The remediation operations shall be performed in stages concentrating in single areas at the time to minimize the impact of fugitive dust and noise to the surrounding areas. (PW) j. Use low sulfur fuel (.05%) by weight for construction equipment; k. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); 1. Discontinue construction during second stage smog alerts. 7. Prior to final building permit inspection and approval the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) A new.6-inch sewer lateral shall be installed,unless the existing sewer lateral is verified to be of adequate size and in satisfactory condition to serve the new " building. 2) The existing water service currently serving the site may potentially be utilized for domestic purposes if it is of adequate size, conforms to current standards, and is in working condition as determined by the Water Division. If a new water service is necessary, it shall be installed per Water Division standards and sized to meet the minimum requirements set by the Uniform Plumbing Code and Uniform Fire Code. (PW) 3) The existing water meter shall be replaced with a touch-read meter, and sized to meet the minimum requirements set by the Uniform Plumbing Code and Uniform Fire Code. (PW) DRB Recommendation CUP No.00-58 Page 8 4) Relocate the existing air and vacuum release assembly along Goldenwest Street so that it is clear of the widened driveway. (PW) 5) A separate domestic/irrigation water meter and service, sized to meet the minimum requirements set by the Uniform Plumbing Code and the Uniform Fire Code, if applicable. The service lateral shall be a minimum of 1-inch in size. Meter shall be touch-read type. (PW) 6) Separate backflow protection shall be installed per the City of Huntington Beach Water Division standards for domestic,irrigation and firewater services. (PW) 7) The two existing driveways nearest to the intersection of Goldenwest Street and Warner Avenue shall be removed and replaced with curb, gutter and sidewalk. (PW) 8) Reconstruct the entire two driveways to be widened so that they meet current standards and ADA requirements. (PW) 9) Remove and replace the existing wheelchair ramp with an ADA compliant wheelchair ramp. (PW) 10)Maintain the existing bus stop and bus-shelter on the east side of the project. Re-paint the red curb upon completion of the frontage work. (PV) 11)Installation of required landscaping and irrigation systems shall be completed prior to final inspection within 12 months of entitlement. (PW) 12)All landscaping 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 prior to final inspection and approval. (PW) 13)Applicant shall provide City with Microfilm copies(in City format) and CD (Auto CAD 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. (PW) 14)Motor Fuel Dispensing Areas—Areas used for motor fuel dispensing shall be paved with concrete (no use of asphalt). Concrete surfacing to extend 6 %Z' from the corner of each fuel dispenser in any direction. This distance may be reduced to the maximum length that the fuel dispensing hose and nozzle assembly may be operated in any direction plus one (1)foot. In addition, the fuel dispensing area shall be graded and constructed so as to prevent drainage flow either through or from the fuel dispensing area. (PW) • DRB Recommendation CUP No.00-58 Page 9 15)Motor Fuel Dispensing Area Canopy—All motor fuel concrete dispensing areas shall have a canopy structure for weather protection, extending over the motor fuel concrete dispensing area. (PW) 16)Motor Fuel Concrete Dispensing Area Interruptible Drainage—The concrete motor fuel dispensing area will be graded and constructed so as to drain to an underground clarifier/slump/tank equipped with a but-off valve that can stop the further draining of storm water or spilled material there from into the street or storm drain system. Spills will be immediately cleaned up according to Spill Contingency Plan. (PW) 17)Trash Container(Dumpster)Areas—Trash container(dumpster)areas shall have drainage from adjoining roofs and pavements diverted around the trash container area(s). (PW) 18)For trash container areas associated with the fuel dispensing, vehicle repair/maintenance, and industry, such areas shall be roofed over or drained to a water quality inlet, engineered infiltration/filtration system, or equally effective alternative. (PW) 19)Self-contained Areas for.Washing/Steam Cleaning/Maintenance/Repair/Materials Processing-Self contained areas are required for washing/steam cleaning, wet material processing, and maintenance activities, specifically where vehicle repair/maintenance occurs, impermeable berms, drop inlets,trench catch basins, or overflow containment structures shall be provided around repair bays to prevent the spilled materials and wash down waters from entering the storm drain system. (PW) 20)Water Inlets—Water Quality inlets designed to remove free phase liquid petroleum compounds, grease, floatable debris, and settable solids can be used. (PW) 21)Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 22)Address numbers will be installed on all structures to comply with Fire Dept. City Specification No. 428. (FD) 23)Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) 24)Fire lanes shall be designated and posted to comply with City Specification 415. (FD) DRB Recommendation CUP No.00-58 Page 10 25) Fire access roads shall be provided in compliance with City Specification 401. Include the Circulation Plan and dimensions of all access roads. (FD) 26) Submit a Fire Protection Plan in compliance with City Specification 426 for Fire Department approval. (FD) 27)Installation and/or removal of underground flammable or combustible liquid storage tanks shall comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. (FD) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. c. 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. 8. The use shall comply with the following: a. There shall be no outside storage of vehicles,vehicle parts, equipment or trailers. b. No alcoholic beverage sales shall be permitted between the hours of 12:00p.m - 6:00a.m. c. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board(ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 9. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. 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 HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 00-58 shall not become effective until the ten-calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-58 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be • DRB Recommendation CUP No.00-58 Page 11 granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The City Council reserves the right to revoke Conditional Use Permit No. 00-58 pursuant to a public hearing for revocation,if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs: 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 5. The development shall comply with all applicable provisions of the Municipal Code,Building Division, and Fire Department as well as applicable local, State and Federal Fire.Codes, Ordinances, and standards,except as noted herein. 6. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of$43.00 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 Planning Commission's action. 8. 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. 9. All permanent,temporary, or promotional signs shall conform to Planned Sign Program NO. 00-07. 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. 10. Traffic Impact Fees shall be paid. (PW ) 11. Standard landscape code requirements apply(Chapter 232 of the HBZSO). (PW ) 12. State-mandated school impact fees shall be paid prior to issuance of building permits. 13. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. (8) October 15, 2001 - Council/Agency Agenda - Page 8 D. PUBLIC HEARINGS Anyone wishing to speak on an OPEN public hearing is requested to complete the attached pink form and give it to the Sergeant-at-Arms located near the Speaker's Podium. D-1. (City Council) Public Hearing - Continued from October 1, 2001 - Consideration of an Appeal Filed by Mayor Pro Tern Debbie Cook of the Planning Commission's Approval of Conditional Use Permit No. 00-58 (s/w Corner of Warner Avenue/ Goldenwest Street Chevron Service Station) Applicant: RHL Design Group, Inc./ Larry Tidball (Includes Request for Alcoholic Beverage Permit) - Original Public . Hearing Opened and Closed May 7, 2001 with Referral to the Design Review Board (420.40) Communication from the Planning Department of a public hearing to consider: Applicant: RHL Design Group/Larry Tidball, 1201 S. Beach Boulevard, Suite No. 207, La Habra, CA 90631. Appellant: Debbie Cook, Huntington Beach Mayor Pro Tempore Request: Appeal of the Planning Commission's approval to permit the construction and operation of a service station. Conditional Use Permit No. 00-58 represents a request to: a) demolish the existing service station facility and permit construction of a service station with a convenience market, a freestanding gas pump canopy, two self-service pump islands with four dual-sided pumps, two underground storage tanks and associated site improvements on a 22,500 sq. ft. corner lot; and b) permit alcoholic beverage sales (beer and wine) for off-site consumption. The project was referred to the Design Review Board by the City Council at their public hearing of May.7, 2001. The project was reviewed by the Design Review Board on September 13, 2001, with a recommendation to the City Council for consideration and final action. Location: 6972 Warner Avenue (southwest corner of Warner Avenue and Goldenwest Street) Environmental Status: This agenda item 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 City Clerk's Office, 2000 Main Street, Huntington Beach, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after Friday, October 12, 2001. 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 714-536-5271.and refer to the above items. Direct your written communications to the City.Clerk. (Continued on Next Page) (9) October 15, 2001 - Council/Agency Agenda - Page 9 1. Staff report 2. City Council discussion 3. Open public hearing ` 4. Following public input,close public hearing Recommended Action: Motion to: A. Approve Conditional Use Permit No. 00-58 with the revised architecture as recommended by the Design Review Board with Findings and Conditions of Approval (Attachment No. 3); [Approved 6-1 (Dettloff No)] B. Staff ReeGimmendaten-n* Motion t4a: [Planning Director presented report (Late Communication)] [Councilmember Bauer requested staff track MTBE for report to Council upon request.] Council/AgencyMeeting Held: 9 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied .City lerk's S* ature Council Meeting Date: October 15, 2001 Department ID Number: PL01-16R2 o � CITY OF HUNTINGTON BEACH o REQUEST FOR ACTION � � -'- SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS mGm` �D D mac; SUBMITTED BY: RAY SILVER, City Administratoraa ^' T D PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: DENY CONDITIONAL USE PERMIT NO. 00-58 (Chevron Service Station at the SWC of Goldenwest St. and Warner Ave.) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is Conditional Use Permit No. 00- 58 proposed by RHL Design Group Inc. on behalf of Chevron Corporation for approval to construct a new gas station with an approximately 2,000 sq. ft. convenience market, and permit the sale of alcoholic beverages (beer and wine) for off-site consumption. Ma oy r Pro Tern Debbie Cook appealed the Planning Commission's approval of this request. At the May 71 2001 City Council meeting, the project was referred to the Design Review Board (DRB) for review and recommendation on the architectural design of the service station. After a couple of meetings with the DRB to discuss architectural treatment, the applicant presented final drawings for consideration. On September 13, 2001, the DRB acted to recommend approval of the modified architectural design to the City Council. The building elevation modifications improve the convenience market's overall building proportions, emphasize the entry tower massing, and create visual.interest with architectural details. The canopy design was also altered to be consistent with the architectural theme of the main building and improve its overall appearance from the street. These modifications have yielded an improved building design solution that is a significant improvement from the previous architectural style and standardized corporate architecture. Staff maintains its initial recommendation for denial although the proposed building architecture has been sicinificantly improved (Recommended Action - B). City Council's direction from the previous meeting is to approve the project layout with the Design Review Board's recommendation for approval of the revised architecture for the building (Recommended Action —A). 1 / 0 REQUEST FOR ACTION MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:PL01-16R2 The staff recommendation is based on the fact that the project does not achieve the optimum site planning as envisioned by the General Plan and the Urban Design Guidelines. The General Plan and Urban Design Guidelines encourages the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. A complete analysis of all project and site planning issues is discussed in the attached Planning Commission staff report (see Attachment No. 7) and City Council staff report (Attachment No. 8). Funding Source: Not applicable. Recommended Actions: Motion to: "Approve Conditional Use Permit No. 00-58 with the revised architecture as recommended by the Design Review Board with Findings and Conditions of Approval (ATTACHMENT NO. 3).tt CITY COUNCIL ACTION ON MAY 7, 2001: THE MOTION MADE BY COOK, SECONDED BY GAROFALO, TO REFER THE PROPOSAL TO THE DESIGN REVIEW BOARD WITH DIRECTION TO OBTAIN SIGNIFICANT ARCHITECTURAL AND DESIGN IMPROVEMENTS WITH A RECOMMENDATION TO THE CITY COUNCIL AT A RE-ADVERTISED AND NEW PUBLIC HEARING. THE MOTION CARRIED BY THE FOLLOWING VOTE: AYES: GREEN, COOK, JULIEWHOUCHEN, GAROFALO, BAUER NOES: BOARDMAN, DETTLOFF ABSENT: NONE ABSTAIN: NONE MOTION PASSED -B- CTA�C REGOMn ENDATI04 JCL' CTOTi'iTYTGT�'�'l'7�-yTti. tVfVllV1'Zg. u 7V 1�—^, n ' `/' PL01-16R3 -2- 10/3/01 11:51 AM REQUEST FOR ACTION MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:PL01-16R2 Alternative Actions: The City Council may make the following alternative motion(s): A. "Approve Conditional Use Permit No. 00-58, direct the applicant to redesign the project in accordance with Staffs Alternative (reverse design layout — ATTACHMENT NO. 9) and forward the project to the Design Review Board." B. "Continue Conditional Use Permit No. 00-58 and direct staff accordingly." Analysis: On May 7, 2001 the City Council considered the appeal of the subject development proposal. Discussion was primarily focused on issues related to project architecture and building location. The City Council expressed concerns about the "cookie cutter" building architecture and evaluated issues related to a "conventional" versus "reverse" site layout. The Council voted (5-2) to refer the project to the DRB for review and recommendation of architectural improvements only. However it was noted that if the architecture is not deemed to be a significant improvement when the item is returned for Council consideration, the Council could consider the staff recommended reverse layout. The DRB reviewed the building architecture relative to City Council's direction and expressed concerns regarding building massing and the project's overall design character. Subsequently the applicant revised the previously proposed building architecture to address DRB's architectural design concerns. In addition some minor site modifications were made to effectuate the proposed architectural design changes. The revised project architecture reflects a significantly improved and updated design with a unique building character that is compatible with the surrounding area. Based on DRB's recommendations, modifications to the convenience market's building entry massing, architectural detail elements, fenestration, and use of quality materials and colors were incorporated to enhance the overall building's appearance. Specific major enhancements include projecting hip roof tower elements at the front and rear of the building, a freestanding column entry portico, projecting metal trellises, spandrel glass in-fills, splayed stone veneer columns, recessed plaster wall planes, "cranberry" color storefront frames and metal trim and decorative wall sconces have all been added to improve the building's architecture (please refer to applicants narrative —Attachment No. 5). Although the proposed convenience market will be partially screened by the gas-pumps and canopy structure, additional roof cornice details, trellis elements and landscape planters will continue the overall design theme to the gas pump canopy and improve the project's overall appearance from the street. PL01-16R3 -3- 10/3101 11:51 AM REQUEST FOR ACTION MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:PL01-16R2 On September 13, 2001 DRB found the modified architectural design to be a significant improvement and consistent with the General Plan and Urban Design Guidelines. Assuming the location of the proposed structures. remains unchanged, the proposed architectural design complies with the City Council's direction to improve the project's architecture and the intent of the Planning Commission's condition requiring the re-evaluation of the building design to ensure its consistency with the General Plan and Urban Design Guidelines for high quality architectural design. Staff concurs with the DRB's recommendation as it applies to the architecture of the proposed building. Although staff endorses the modified architectural design as approved by DRB, staff maintains the position that the project design does not take into account important site planning and design issues that can and will affect the overall project's appearance and quality. Staff believes that this project can only fully achieve the envisioned urban design goals by utilizing a reverse design layout combined with high quality architecture. Staff continues to recommend denial of the conditional use permit based on the following: . The proposed project does not achieve the optimum site planning design as envisioned by the General Plan and citywide Urban Design Guidelines. . The development is inconsistent with General Plan goals for high quality site planning and which encourage the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. o The proposed design does not comply with citywide Urban Design Guidelines for service stations that recommend; a) site design for corner lots to convey a strong link to the street or corner, b) screening of gas pump canopies by the main building and c) orienting the retail market building segment of the facility towards the street frontage. Environmental Status: The proposed project is categorically exempt pursuant to Class 2, Replacement or Reconstruction, Section 15302 of the California Environmental Quality Act which states that replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced are exempt from further environmental review. PL01-16R3 -4- 10/3/01 11:51 AM REQUEST FOR ACTION MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:PL01-16R2 Attachment(s): NumberCity Clerk's Page . Description 1 Findings and Conditions of Approval CUP # 00-58 (Planning Commission Recommendation) 2 Findings for Denial CUP # 00-58 (Staff Recommendation) 3. Findings and Conditions of Approval CUP#00-58 (Design Review Board Recommendation) 4 Site Plan, Floor Plan and Elevations dated September 7, 2001. 5 Applicant's narrative dated September 7, 2001. 6 Appeal Letter dated March 22, 2001 7 Planning Commission Staff Reports dated 3/13/01, 2/27/01, & 1/23/01 w/out attachments 8 City Council Staff Report dated May 7, 2001 9 Staff Alternative Site Plan (Reverse Design Layout) 10 City Council Minutes dated May 7, 2001 RCA Author: Amy Wolfe/Herb Fauland PL01-16R3 -5- 10/3/01 11:51 AM EIX r ATTACHMENT NO. 1 PLANNING COMMISSION RECOMMENDATION FINDINGS FOR APPROVAL CONDITIONAL USE PERMIT NO. 00-58 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 Class 2, Replacement or Reconstruction, Section 15302 of the CEQA Guidelines, because replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced are exempt from further environmental review. FINDINGS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 00-58 1. Conditional Use Permit No. 00-58 for: a) the demolition of an existing service station facility and establishment, maintenance and operation of a new service station with a 2,045 sq. ft. convenience market, a freestanding gas pump canopy (24-ft. high by 38-ft. wide by 52-ft. long), two (2) self-serve pump islands with four (4) dual-sided pumps, two (2) underground storage tanks and associated site improvements on a 22,500 sq. ft. lot; and b) to permit the sale of alcoholic beverages (beer and wine) for off-site consumption 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 development is consistent with General Plan goals for high quality site planning and architecture. The project incorporates landscaping along street frontages. The architectural treatment of the building minimizes visual bulk and mass. Twenty-four hour convenience stores are susceptible to armed robbery. The sitting of the building at the rear of the property provides security for customers and employees with improved visibility into the store. Safe pedestrian access is provided via the sidewalk on Goldenwest Street. Site layout is designed to provide maximum safety for both vehicular and pedestrian traffic. 2. The conditional use permit will be compatible with surrounding uses because the project will be designed to provide adequate space for passenger vehicle and truck access. One surplus parking space will be provided on site in excess of the 11 parking spaces required to serve the facility. Twenty-four hour convenience stores are susceptible to armed robbery. The siting of the building at the rear of the property provides security for customers and employees with improved visibility into the store. Safe pedestrian access is provided via the sidewalk on Goldenwest Street. Site layout is designed to provide maximum safety for both vehicular and pedestrian traffic. 01 c10313 3. The proposed service station development plan 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 including street-side and corner landscape code requirements. 4. The granting of the conditional use permit will not adversely affect the General Plan because it is consistent the following goals and policies of the General Plan: Goal LU 4: Achieve and maintain high quality architecture, landscape and public open spaces in the City. Policy LU 10.1.12: Require that Commercial General uses be designed and developed to achieve a high level of quality distinctive character and compatibility with existing uses including the consideration of: a) Incorporation of site landscape, particularly along street frontages and in parking lots. The distinctive design of the food store meets the Urban Design Guidelines outlined in Chapter 4, General Commercial: o high quality innovative design o store design, not typical corporate design o variation in form, building details o -distinctive massive elements, trellises on side of building o entries readily identified with tower overhang o compatible with other tenants o cornice treatments on both store'and gas canopy o building with angled corners and angled orientation o quality materials used in exterior of building Policy CE 7.2.3: Encourage that all proposed building sites adjacent to a scenic highway. .Include open space, plazas, gardens, or landscape areas which enhance the scenic highway and create a buffer between the building site and the scenic highway. The Urban Design Guidelines, Chapter Six, C —Service Stations. The site design and building location, on one of the busiest corners in this City, is not conducive to orienting the building along street frontage due to safety reasons. 01 cl0313 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 00-58 1. The floor plans and elevations received and dated December 13, 2000 and the site plan received and dated March 2, 2001, shall be the conceptually approved layout with the following modifications: a. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code.'(Code Requirement) b. 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 rights-of-way. 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. (Code Requirement) c. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air 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 screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) d. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. e. Energy-saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. Outdoor lighting shall be located to maximize effective illumination and facility security. (PD) f. The driveway entrances shall have textured and colored pavement (behind sidewalk on private property). (PD) g. The emergency exit near the restrooms shall be alarmed at all times. (PD) h. The development shall be reviewed by the Design Review Board (DRB) and modified in accordance with DRB conditions of approval. DRB review shall include but shall not be limited to the following; • building entry design, • architectural treatment of the rear building elevation, • gas-pump canopy design, • gasoline brand identity features, • fenestration, • pedestrian access and walkways, • driveway hardscape treatment, MOM CUP No. 00-58/VAR No.00-17 Conditions of Approval 3/13/2001 6 landscape screening, • site and building lighting • building materials and colors. 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. f. A truck hauling and routing plan for all trucks involved in asbestos removal and demolition of the existing structures shall be submitted to the Department of Public Works and approved by the Director of Public Works. g. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. 3. Prior to issuance of grading permits, the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) b. A detailed soils analysis shall be prepared by a Registered Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, streets, and utilities. (PW) c. I accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. "Best Management Practices" shall be identified and incorporated into the design. (PW) d. A remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties. (PW) e. The name and phone number of a field supervisor hired by the developer who is on-site shall be submitted to the Planning Department and Public Works Department. In addition, clearly visible 01 c10313 CUP No.00-58/VAR No.00-17 Conditions of Approval 3/13/2001 signs shall be posted on the perimeter of the site every 250 ft. indicating whom to contact 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 number of the applicant's contact, City contact (Jack Miller(714) 536-5517) regarding grading and construction activities, and 1-800-CUTSMOG" if there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) f. The applicant shall notify all property owners and tenants within 300 ft. of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) g. The applicant's.grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (PW) h. The developer shall coordinate with the Department of Public Works in developing a truck haul route if the import or export of material 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. (PW) i. A plan shall be prepared and submitted to both Planning and Public Works Departments identifying wind barriers and screening around remediation equipment and materials. (PW) j. A plan shall be prepared and submitted to the Public Works Department for review and approval that details how all drainage associated with the remediation efforts shall be retained on site and how no wastes or pollutants shall escape the site. (PW) 4. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. 'b. All Fire Department requirements shall be noted on the building plans. (FD) 5. Prior to issuance of building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department and submit 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials sample board, and massing model to the Planning Department for inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. 01 c10313 CUP No. 00-58/VAR No.00-17 Conditions of Approval 3/13/2001 The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36-inch box trees and shall be incorporated into the project's landscape plan (PW) (Code Requirement) c. An interim parking and building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. d. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape standards and specifications. (PW) 6. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soils damp enough to prevent dust raised by the operations. (PW) b. Wet down areas to be graded or that are being graded in the late morning and after work is completed for the day. (PW) c. 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. (PW) d. The construction disturbance area shall be kept as small as possible. (PW) e. 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. (PW) f. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt from leaving the site and impacting public streets. (PW) g. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. Wind barriers shall be installed along the perimeter of the site. (PW) i. The remediation operations shall be performed in stages concentrating in single areas at the time to minimize the impact of fugitive dust and noise to the surrounding areas. (PW) j. Use low sulfur fuel (.05%) by weight for construction equipment; k. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog. alerts); I. Discontinue construction during second stage smog alerts. 01 c10313 CUP No.00-58/VAR No.00-17 Conditions of Approval 3/13/2001 7. Prior to final building permit inspection and approval the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) A new 6-inch sewer lateral shall be installed, unless the existing sewer lateral is verified to be of adequate size and in satisfactory condition to serve the new building. 2) The existing water service currently serving the site may potentially be utilized for domestic purposes if it is of adequate size, conforms to current standards, and is in working condition as determined by the Water Division. If a new water service is necessary, it shall be installed per Water Division standards and sized to meet the minimum requirements set by the Uniform Plumbing Code and Uniform Fire Code. (PW) 3) The existing water meter shall be replaced with a touch-read meter, and sized to meet the minimum requirements set by the Uniform Plumbing Code and Uniform Fire Code. (PW) 4) Relocate the existing air and vacuum release assembly along Goldenwest Street so that it is clear of the widened driveway. (PW) 5) A separate domestic/irrigation water meter and service, sized to meet the minimum .requirements set by the Uniform Plumbing Code and the Uniform Fire Code, if applicable. The service lateral shall be a minimum of 1-inch in size. Meter shall be touch-read type. (PW) 6) Separate backflow protection shall be installed per the City of Huntington Beach Water Division standards for domestic, irrigation and firewater services. (PW) 7) . The two existing driveways nearest to the intersection of Goldenwest Street and Warner Avenue shall be removed and replaced with curb, gutter and sidewalk. (PW) 8) Reconstruct the entire two driveways to be widened so that they meet current standards and ADA requirements. (PW) 9) Remove and replace the existing wheelchair ramp with an ADA compliant wheelchair ramp. (PW) 10)Maintain the existing bus stop and bus-shelter on the east side of the project. Re-paint the red curb upon completion of the frontage work. (PW) 11)Installation of required landscaping and irrigation systems shall be completed prior to final inspection within 12 months of entitlement. (PW) 12)All landscaping 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 prior to final,inspection and approval. (PW) 13)Applicant shall provide City with Microfilm copies (in City format) and CD (Auto CAD 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. (PW) 01 c10313 CUP No. 00-58/VAR No.00-17 Conditions of Approval 3/13/2001 14) Motor Fuel Dispensing Areas—Areas used for motor fuel dispensing shall be paved with concrete (no use of asphalt). Concrete surfacing to extend 6'/2' from the corner of each fuel dispenser in any direction. This distance may be reduced to the maximum length that the fuel dispensing hose and nozzle assembly may be operated in any direction plus one (1) foot. In addition, the fuel dispensing area shall be graded and constructed so as to prevent drainage flow either through or from the fuel dispensing area. (PW) 15)Motor Fuel Dispensing Area Canopy—All motor fuel concrete dispensing areas shall have a canopy structure for weather protection, extending over the motor fuel concrete dispensing area. (PW) 16)Motor Fuel Concrete Dispensing Area Interruptible Drainage— The concrete motor fuel dispensing area will be graded and constructed so as to drain to an underground clarifier/slump/tank equipped with a but-off.valve that can stop the further draining of storm water or spilled material therefrom into the street or storm drain system. Spills will be immediately cleaned up according to Spill Contingency Plan. (PW) 17)Trash Container(Dumpster) Areas—Trash container(dumpster) areas shall have drainage from adjoining roofs and pavements diverted around the trash container area(s). (PW) 18) For trash container areas associated with the fuel dispensing, vehicle repair/maintenance, and industry, such areas shall be roofed over or drained to a water quality inlet, engineered infiltration/filtration system, or equally effective alternative. (PW) 19)Self-contained Areas for Washing/Steam Cleaning/Maintenance/Repair/Materials Processing- Self contained areas are required for washing/steam cleaning, wet material processing, and maintenance activities, specifically where vehicle repair/maintenance occurs, impermeable berms, drop inlets, trench catch basins, or overflow containment structures shall be provided around repair bays to prevent the spilled materials and wash down waters from entering the storm drain system. (PW) 20)Water Inlets—Water Quality inlets designed to remove free phase liquid petroleum compounds, grease, floatable debris, and settable solids can be used. (PW) 21)Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 22)Address numbers will be installed on all structures to comply with Fire Dept. City Specification No. 428. (FD) 23)Exit.signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) 24)Fire lanes shall be designated and posted to comply with City Specification 415. (FD) 25) Fire access roads shall be provided in compliance with City Specification 401. Include the Circulation Plan and dimensions of all access roads. (FD) 01 c10313 CUFF No.00-58/VAR No.00-17 Conditions of Approval 3/13/2001 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of$43.00 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 Planning Commission's action. 8. 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. 9. All permanent, temporary, or promotional signs shall conform to Planned Sign Program NO. 00-07 and/or 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. 10. Traffic Impact Fees shall be paid. (PW) 11. Standard landscape code requirements apply (Chapter 232 of the HBZSO). (PW) 12. State-mandated school impact fees shall be paid prior to issuance of building permits. 13. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. 01 c10313 10 ATTACHMENT NO. 2 STAFF RECOMMENDATION 10/15/01 SUGGESTED FINDINGS FOR DENIAL CONDITIONAL USE PERMIT NO. 00-58 FINDINGS FOR PROJECTS EXEMPT FROM CEOA: 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 Class 2, Replacement or Reconstruction, Section 15302 of the CEQA Guidelines, because replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced are exempt from further environmental review. FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 00-58: 1. Conditional Use Permit No. 00-58 for: a)the demolition of an existing service station facility and establishment, maintenance and operation of a new service station with an approximately 2,000 sq. ft. convenience market, a freestanding gas pump canopy and associated site improvements on a 22,500 sq. ft. lot; and b)to permit the sale of alcoholic beverages(beer and wine) for off-site consumption will 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 project does not achieve the optimum site planning design as envisioned by the General Plan and citywide Urban Design Guidelines. The development is inconsistent with General Plan goals for high quality site planning and building design which encourage the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. In addition the proposed design does not comply with the citywide Urban Design Guidelines for service stations that recommend; a) site design for corner lots to convey a strong link to the street or corner, b) screening of gas pump canopies by the main building and c) orienting the retail market building segment of the facility towards the street frontage. 2. The granting of the conditional use permit will adversely affect the General Plan because it is inconsistent the following goals and policies of the General Plan: Goal LU 4: Achieve and maintain high quality architecture, landscape and public open spaces in the City. Staff Recommendation CUP No.00-58 Page 2 Policy LU 10.1.12: Require that Commercial General uses be designed and developed to achieve a high level of quality distinctive character and compatibility with existing uses including the consideration of: d. Sitting and design of one or more buildings in proximity to the street frontage to convey a visual relationship to the street and sidewalk. The proposed project design will not contribute towards achieving the high level of site and architectural character fostered by General Plan goals and objectives. x � . •d©« . ® �� +��%. : , . , . . . - ay: P ATTACHMENT NO. 3 DESIGN REVIEW BOARD RECOMMENDATION 9/13/01 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 00-58 FINDINGS FOR PROJECTS EXEMPT FROM CEOA: 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 Class 2, Replacement or Reconstruction, Section 15302 of the CEQA Guidelines, because replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced are exempt from further environmental review. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 00-58: 1. Conditional Use Permit No. 00-58 for: a)the demolition of an existing service station facility and establishment,maintenance and operation of a new service station with an approximately 2,000 sq. ft. convenience market and associated site improvements on a 22,500 sq. ft. project site; and b) to permit the sale of alcoholic beverages (beer and wine) for off-site consumption 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 development is consistent with General Plan goals for high quality architecture and incorporates landscaping along street frontages. The architectural treatment of the building minimizes visual bulk and mass. 2. The conditional use permit will be compatible with surrounding uses because the project will be designed to provide adequate space for passenger vehicle and truck access. The building design will utilize colors and materials which will complement existing surrounding development and will incorporate features such as projecting hip roof towers at the front and rear of the building, a freestanding column entry portico,projecting metal trellises, spandrel glass in-fills, stone veneer columns, recessed plaster wall planes, "cranberry"color storefront frames and metal which will contribute towards achieving a high quality architectural design and will encourage further improvement of existing surrounding development. 3. The proposed service station development plan 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 including street-side and corner landscape code requirements. 4. The granting of the conditional use permit will not adversely affect the General Plan because it is consistent with the following goals and policies of the General Plan: Goal LU 4: Achieve and maintain high quality architecture, landscape and public open spaces in the City. DRB Recommendation CUP No.00-58 Page 2 Policy LU 10.1.12: Require that Commercial General uses be designed and developed to achieve a high level of quality distinctive character and compatibility with existing uses including the consideration of: a. Incorporation of site landscape,particularly along street frontages and in parking lots. Policy CE 7.2.3: Encourage that all proposed building sites adjacent to a scenic highway include open space,plazas, gardens, or landscape areas which enhance the scenic highway and create a buffer between the building site and the scenic highway. DRB Recommendation CUP No.00-58 Page 3 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 00-58 1. The plans and elevations received and dated September 7, 2001, shall be the conceptually approved layout with the following modifications: a. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) b. 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 rights-of-way. 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. (Code Requirement) c. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes,but is not limited to, heating, air 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 screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) d. Depict all gas meters,water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building,they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. e. Energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. Outdoor lighting shall be located to maximize effective illumination and facility security. (PD) f. The emergency exit near the restrooms shall be alarmed at all times. (PD) 2. Prior to issuance of demolition permits,the following shall be completed: DRB Recommendation CUP No.00-58 Page 4 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. f. A truck hauling and routing plan for all trucks involved in asbestos removal and demolition of the existing structures shall be submitted to the Department of Public Works and approved by the Director of Public Works. g. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. 3. Prior to issuance of grading permits,the following shall be completed: a. A grading plan,prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) b. A detailed soils analysis shall be prepared by a Registered Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, streets, and utilities. (PW) c. In accordance with NPDES requirements; a"Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. "Best Management Practices" shall be identified and incorporated into the design. (PW) d. A remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties. (PW) DRB Recommendation CUP No.00-58 Page 5 e. The name and phone number of a field supervisor hired by the developer who is on-site shall be submitted to the Planning Department and Public Works Department. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 ft. indicating whom to contact 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 number of the applicant's contact, City contact(Jack Miller(714) 536-5517) regarding grading and construction activities, and"1-800-CUTSMOG" if there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) f. The applicant shall notify all property owners and tenants within 300 ft. of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) g. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (PW) h. The developer shall coordinate with the Department of Public Works in developing a truck haul route if the import or export of material 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. (PW) i. A plan shall be prepared and submitted to both Planning and Public Works Departments identifying wind barriers and screening around remediation equipment and materials. (PW) j. A plan shall be prepared and submitted to the Public Works Department for review and approval that details how all drainage associated with the remediation efforts shall be retained on site and how no wastes or pollutants shall escape the site. (PW) 4. Prior to submittal for building permits,the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing)and shall be referenced in the index. b. All Fire Department requirements shall be noted on the building plans. (FD) DRB Recommendation CUP No.00-58 Page 6 5. Prior to issuance of building permits,the following shall be completed: a. Submit a copy of the revised plans,pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department and- submit 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials sample board, and massing model to the Planning Department for inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location,type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1)with minimum 36-inch box trees and shall be incorporated into the project's landscape plan(PW) (Code Requirement) c. An interim parking and building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. d. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape standards and specifications. (PW) 6. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soils damp enough to prevent dust raised by the operations. (PW) b. Wet down areas to be graded or that are being graded in the late morning and after work is completed for the day. (PW) c. 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. (PW) DRB Recommendation CUP No.00-58 Page 9 15)Motor Fuel Dispensing Area Canopy—All motor fuel concrete dispensing areas shall have a canopy structure for weather protection, extending over the motor fuel concrete dispensing area. (PW) 16)Motor Fuel Concrete Dispensing Area Interruptible Drainage—The concrete motor fuel dispensing area will be graded and constructed so as to drain to an underground clarifier/slump/tank equipped with a but-off valve that can stop the further draining of storm water or spilled material there from into the street or storm drain system. Spills will be immediately cleaned up according to Spill Contingency Plan. (PW) 17)Trash Container(Dumpster)Areas—Trash container(dumpster) areas shall have drainage from adjoining roofs and pavements diverted around the trash container area(s). (PW) 18)For trash container areas associated with the fuel dispensing, vehicle repair/maintenance, and industry, such areas shall be roofed over or drained to a water quality inlet, engineered infiltration/filtration system, or equally effective alternative. (PW) 19)Self-contained Areas for Washing/Steam Cleaning/Maintenance/Repair/Materials Processing-Self contained areas are required for washing/steam cleaning, wet material processing, and maintenance activities, specifically where vehicle repair/maintenance occurs, impermeable berms, drop inlets, trench catch basins, or overflow containment structures shall be provided around repair bays to prevent the spilled materials and wash down waters from entering the storm drain system. (PW) 20)Water Inlets—Water Quality inlets designed to remove free phase liquid petroleum compounds, grease, floatable debris, and settable solids can be used. (PW) 21)Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 22)Address numbers will be installed on all structures to comply with Fire Dept. City Specification No. 428. (FD) 23)Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) 24)Fire lanes shall be designated and posted to comply with City Specification 415. (FD) DRB Recommendation CUP No.00-58 Page 10 25) Fire access roads shall be provided in compliance with City Specification 401. Include the Circulation Plan and dimensions of all access roads. (FD) 26) Submit a Fire Protection Plan in compliance with City Specification 426 for Fire Department approval. (FD) 27)Installation and/or removal of underground flammable or combustible liquid storage tanks shall comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. (FD) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. c. 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. 8. The use shall comply with the following: a. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. b. No alcoholic beverage sales shall be permitted between the hours of 12:00p.m- 6:00a.m. c. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board(ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 9. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans-are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. 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 HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 00-58 shall not become effective until the ten-calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-58 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be DRB Recommendation CUP No.00-58 Page 11 granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The City Council reserves the right to revoke Conditional Use Permit No. 00-58 pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire,Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of$43.00 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 Planning Commission's action. 8. 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. 9. All permanent, temporary, or promotional signs shall conform to Planned Sign Program NO. 00-07. 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. 10. Traffic Impact Fees shall be paid. (PW) 11. Standard landscape code requirements apply(Chapter 232 of the HBZSO). (PW) 12. State-mandated.school impact fees shall be paid prior to issuance of building permits. 13. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. I" 1�=mmi= md�e m�Lmo=d��ei ed ammL \ ♦ .eti�maa �J I I II I III I % 1 - -------- Y7 _ ---- d a ` i \ a 66 —————F-- WARNER AVENUE ————— — ... .. A !S �ISA pq Ill � , " ¢¢- � � a°� ° C � a � z 8 R � axeRI pf G 11 111 9w s zs � .�^RR ;° E i "o b zj �_ _�c R% all p �"i is;�I ��••�j�1tto Rm ape o `I L � �� -W ��I I � ti. 7' A� ref,' • r .lj. 1- . 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GROUPI[NC. ARCHITECTURE ENGINEERING ENVIRONMENTAL SERVICES 1201 South Beach Boulcrard, Siiite 207. La Habra, CA 90 63 1-6366 Telephone: (562) 902-8023 Facsimile: (562) 902-8026 John W. Johnson. Architect E s t a b l i s h e d 1 9 6 6 JOHN W. JOH\SON _ Co-President P r i❑r i p a l September 7,2001 City of Huntington Beach Planning Department 2000 Main St. BRIAN F. Z I TA Huntington Beach,CA 92562 Co-Presidcnr Principal . RE: Chevron Service Station#09-8474 RHL JN: 0105.10 6972 Warner Ave. Huntington Beach,CA CUP 00-58,Var 00-17 JOHN B. HICKS Vice President DRB Submittal Principal • PROJECT DESCRIPTION On August 16,2001 the Huntington Beach Planning Commission conditionally approved CECIL R. SPENCER this project. This design incorporates Design Review-Board comments up to and including _Vice P r i n c i p a l the August 16,2001 DRB Hearing. Principal In response to the issues raised in the DRB hearing,we have previously modified the site for the DRB submittal as noted below. CHRIS L A W T O N Three elements that were added to enhance the pedestrian access on the site:Regional Manager . The site plan has been modified to add planter fingers along with a decorative paved Associatc pedestrian walk leading out from the front doors towards the fueling area. Note that the one "extra"parking space previously shown was eliminated to make room for this feature. • The Pedestrian access walkway,the sidewalk along the building front, and the entry J-A M E S.E. P R E S T E N drive areas are all proposed to be decorative concrete paving, scored 2'x2' with color: Regional t4lnungcr "San Diego Buff'. Associate • The landscape design was revised after meeting with Chuck Davis in June to incorporate his comments. Architectural enhancements to add to the building articulation and overall G A RY M. SEMLING integration of the project site were added: - R cg i o n a 1 Ha n ag e r . Major enhancements include projecting hip roof tower elements at the building front and. Associate rear corner. Both towers feature vision glass,concrete shake tile roofing and architectural corner bracing at the hip roof fascia line. The continuous vision glass sits' atop a plaster finish fascia supported by splayed stone veneer pilasters or columns. The hip roof appears to float due to the transparency of the,continuous.glass line below A L A N K. S H I M A B U K U R O thusly adding vertical emphasis to the structure. The front tower is accented with a Regional ll a u n g e r projecting metal trellis. The rear comer tower features a roof structure matching that at Associate the entry,with vision glass floating the roof element above. The lower portion of the rear corner has spandrel glass in-fills between the supporting pilasters at both elevations. The side elevations feature projecting trellises,with splayed stone veneer columns. All BLYTHE R. W I L S O N Regional Manager G:XPROJ&iI MUY5.Y0FtPfijdisAptionDRB02.IrcdLA HABRA, CA MAATINEZ,`CA PETALUMA, CA oc Associate SACRAMENTO, CA SCOTTSDALE, AZ VANCOUVER. WA t L Chevron SS#09-4887 Page 2 SWC Goldenwest St. &Warner Ave. 09/07/01 ROUP INC. Huntington Beach, CA RHL JN: 0 105.10 building elevations feature recessed plaster wall planes with score lines that compliment the window million pattern. Other accents include"cranberry"color storefront frames, and metal trim plus decorative light sconces. These architectural features enhance the 3- dimensional articulation of all 5 sides of the building. • At the storefront, free standing columns create an entry portico protected by the tower roof. • The fuel area canopy is further enhanced to incorporate similar building elements to achieve continuity with the building. Features include splayed stone veneer canopy columns,with trim accents. The canopy fascia cornice matches the building tower fascia. Projecting trellises which match the building span between the canopy columns. Splayed stone veneer planters double as protective bollards at the ends of the fuel dispensers. I am confident that this design will allow the Design Review Board to grant final approval to this project. You can contact me at(562)902-8023,extension 210,if you have any questions. Sincerely, RHL DESIGN GROUP,INC. Larry idball��—'� Project Architect BELLEVUE, WA LA HABRA, CA MARTINEZ,' CA PETALUMA, CA G:kPROJEC710k\0105.I0\ProjdescriptionDRB02.IrLdoc SACRAMENTO, CA. SCOTTSDALE, AZ VANCOUVER, WA 4w 710, CITY OF HUNTINGTON BEACH City Council Communication 0 TO: Connie Brockway, City Clerk FROM: Debbie Cook, Mayor Pro Tem. DATE: March 22, 2001 SUBJECT: APPEAL OF THE PLANNING COMNIISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 00-58 (WARNER/GOLDENWEST CHEVRON SERVICE STATION) Conditional Use Permit No. 00-58 was approved by the Planning Commission on March 13, 2001,to permit construction and operation of a service station at 6972 Warner Avenue. I am hereby appealing the Planning Commission's action based upon the following reason: ■ The proposal should be reviewed by the City Council in order to determine if the subject development is in compliance with pertinent land use goals objectives and policies of the General Plan regarding achieving high quality design and whether it is consistent with the citywide Urban Design Guidelines. Y_ O -i rs t $ E 7-7 r :1 , City of Huntington Beaeh Planning Department � PORT: HUNTINGTON BEACH.:..: -- ---�` -.,;' ;. TO: Planning Commission FROM: Howard Zelefsky,Director of Planning BY: Amy Wolfe,Associate Planner DATE: March 13,2001 SUBJECT: CONDITIONAL USE PERMIT NO. 00-58/VARIANCE NO. 00-17 (Continued From February 27,2001 With Public Hearing Closed - Warner/Goldenwest Chevron Service Station) APPLICANT: Jim Forgey, 1201 S. Beach Boulevard, Suite# 207, La Habra, CA 90631 PROPERTY OWNER: Dr. Steve Minnick, 12269 Sky Lane,Los Angeles, CA 90049 LOCATION: 6972 Warner Avenue(SWC of Warner Ave.and Goldenwest Street) STATEMENT OF ISSUE: ♦ On February 27; 2001 the Planning Commission considered a development proposal involving the following: Conditional Use Permit No. 00-58: Demolish the existing service station facility and construct a new service station with a 2,045 sq. ft. convenience market and a freestanding gas pump canopy, four(4) dual-fuel gas pumps,two (2) gasoline storage tanks and associated site improvements on a 22,500 sq. ft. lot. Permit the sale of alcoholic beverages (beer and wine) for off-site consumption. Variance No. 00-17: - Provide a six(6) ft. wide in lieu of a ten(10)ft. wide landscape.planter area along the front and exterior side property line(Goldenwest St. and Warner Ave.) - Provide a six hundred(600) sq. ft. landscaped area at the northeast comer of the parcel (adjacent to the Goldenwest St. and Warner Ave. intersection)with a six(6) ft. in lieu of a twenty(20) ft. minimum planter width. r • Continued Item - Planning Commission meeting February 27,2001. The Planning Commission continued this item in order to a) allow staff time to review the revised site plan presented during the public hearing; b) review information on potential crime activity associated with the placement of the building at the comer of the subject property; and c) obtain input from Urban Design Studio regarding staffs recommendation. - On March 2, 2001, the applicant submitted a revised site plan which complies with exterior street side and comer landscape code requirements. • Staffs Recommendation: Deny Conditional Use Permit No. 00-58 based upon the following: The proposed project does not achieve the optimum site planning and architectural design as envisioned by the General Plan and citywide Urban Design Guidelines. The development is inconsistent with General Plan goals for high quality site planning and building design which encourage the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. The proposed design does not comply with citywide Urban Design Guidelines for service stations that recommend; a) site design for comer lots to convey a strong link to the street or corner, b) screening of gas pump canopies by the main building, and c) orienting the retail market building segment of the facility towards the street frontage. RECOMMENDATION: Motion to: A. "Deny Conditional Use Permit No. 00-58 with findings of denial(Attachment No.l)." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Approve Conditional Use Permit No. 00-58 with findings and conditions of approval" (Attachment No. 2-Applicant's Request) B. "Continue Conditional Use Permit No. 00-58 and direct staff accordingly." ANALYSIS: On March 2, 2001,the applicant forwarded a revised site plan for Planning Commission consideration which proposed no landscape variances(Attachment No. 3). No negative crime impact statistics associated with the placement of the convenience store in accordance with stars recommendation were submitted by the applicant. The primary issues with the applicant's revised development_plan are site planning and architectural design. In addition the Planning Commission has requested an evaluation of potential crime impacts related to the sitting of the proposed gas-pump canopy and convenience store structures. An analysis of all three issues follows. Staff Report- 3/13/01 -2- (01 sr04c2) r Architecture Staff has conducted additional research on the issue of architecture of service stations and convenience markets. The research indicates that projects which are customized to individual sites do not come across as prototypical and image-wise make a strong positive statement because sites are conceptualized as one complete piece of architecture, they project a good corporate image(National Petroleum News, September 1997 - Attachment No. 6). The citywide Urban Design Guidelines encourage site-specific architectural design. Corporate or franchise design solutions are strongly discouraged. All structures on a development site are recommended to be designed in an architecturally consistent manner which relates to the overall architectural theme. The mini-market prototype structure is proposed to be screened by the gas-pumps and canopy structure and exhibits an ordinary"convenience store"exterior building appearance. Although the building design includes acceptable quality materials and colors, roof cornice details, and trellis elements along the sides of the structure, it neither reflects a significantly new, innovative design nor projects a unique building character. In addition, the building and canopy design do not fully relate in terms of architectural theme. The gas-pump canopy design features the corporate"Chevron"blue, gray and white color palette and column design details which are inconsistent with the overall architecture. Staff finds the proposed building and canopy design inconsistent and contrary to the goals of the General Plan and the Urban Design Guidelines. On March 5, 2001, staff met with the applicant and discussed the issues of site planning and architecture. The applicant indicated that minor building modifications to the proposed convenience store and gas pump canopy might be acceptable. No revised architectural plans were available for consideration at-the time of report preparation. Staff has included a condition of approval, that refers the development proposal to the Design Review Board (DRB) and directs DRB to evaluate and address building entry design, architectural treatment of the rear building elevation, gas-pump canopy design, gasoline brand identity features, fenestration, pedestrian access and walkways, driveway hardscape treatment, landscape screening, site and building lighting, and building materials and colors. Crime Prevention Through Environmental Design(CPTED)Analysis There are no crime statistics based on specific building siting available at cities where service station facilities have been built as suggested by staff. Therefore no quantitative information is available which proves an increase in crime activity associated with the sitting of the convenience store at the corner of the intersection. However the applicant has provided planning staff with an excerpt from a book titled"Crime Prevention Through Environmental Design" (Attachment No. 7). In summary the portion of the excerpt applicable to.the project site states that: a. Convenience stores located near dense commercial or housing sites experience robberies associated with access from the rear of the store to the front. Escape is easy around the back of the store. b. Customers are afraid to use these stores because of hanging-out activity and by undesirable users. c. The standard modus operandi is for the perpetrator to come from behind the building to the front and rob the cashier. Escape is easy because the person may easily blend into the buildings that are contiguous to and behind the convenience store. Staff Report—3/13/O1 -4- (O1sr04c2) r The City of Huntington Beach Police Department CPTED consultant, Starling Thomas Concepts, has reviewed this and agrees with the above statements. Starling Thomas Concepts has analyzed the applicant's proposal in terms of project visibility from adjoining areas and availability of criminal escape routes and determined that the proposed plan has certain strengths and weaknesses. The consultant's report(Attachment No. 5) indicates that the plan provides visibility into the service station and convenience store for passerbys,motorists and police officers on Goldenwest Street and Warner Avenue. However, the plan does not allow for neighboring businesses and customers of the commercial center to "passively survey"the facility. Furthermore it has been concluded that the placement of the convenience store at the interior corner of the site has disadvantages in terms of crime prevention. This is the primary issue, because the back side of the building creates areas hidden from view that lend themselves as escape routes that are preferred by criminals. This building sitting condition in conjunction with the Ralph's Market hours of operation in the adjoining shopping center(closed between 1:00 am-6:00am)raises safety concerns. Since little legitimate activity would be taking place in the commercial center behind the station during those hours,the Chevron station would be more vulnerable to criminal activity emanating from behind the building which could go unnoticed. Starling Thomas Concepts, has also analyzed the staff recommended proposal in terms of project visibility from adjoining areas and availability of criminal escape routes and has determined that staEs plan also has certain strengths and weaknesses. The consultant's report indicates that the plan provides ample opportunity for visibility to the service station from the commercial center to the southwest, as well as passerbys, motorists and police on Goldenwest Street and Warner Avenue. A Chevron service station facility which utilizes a similar type of layout to that suggested by staff was inspected by the consultant who indicates that the ability to see into the store from the street was adequate, even though some displays occupied a portion of the windows. In addition it was noted that the effect of the windows along the multiple exterior building walls positively contribute towards deterring potential offenders and criminal activities. Service Stations with convenience stores sited at corners of intersections have been built in the cities of Dana Point, Irvine and Tustin in Orange County and in San Diego County in the cities of Carlsbad, San Diego and Chula Vista. Staff contacted Police and Planning Department staff at the aforementioned cities to find.out if an increase in crime has been experienced at those facilities due to building sitting. The information provided by these cities indicates that no such increase has taken place, in fact, some have expressed an opinion that gas stations with a reverse layouts were successful and effective in deterring criminal activities. Staff Alternative Staff continues to recommend placement of the mini-market building adjacent to the Warner/Goldenwest intersection in order to create a direct visual and physical linkage to the street frontage. In addition,staff recommends that the mini-market building be angled at the corner in order to enhance the appearance of the facility and street intersection. (Refer to Staff Report dated January 23, 2001,for additional discussion -Attachment No. 9- and alternative site plan- Attachment No. 4) Staff Report—3/13/01 .-5- (01 sr04c2) r In terms of architectural modifications staff recommends: a)placement of the mini-market building adjacent to the Warner/Goldenwest intersection in order to screen the gas-pumps, canopy, and create an architectural focal point design; and b) revisions to the canopy column details and color palette in order to achieve architectural consistency between the mini-market and canopy design components. Staff recommends that the mini-market building should be angled to create an appropriate cornier building transition at the intersection and should be proportionately increased in height to establish a prominent architectural presence. The building should incorporate additional window glazing along the street frontages to improve the building's appearance and security of the facility from the street. Photographs of a recently developed Chevron service station in the city of Dana Point, which utilizes the above design elements, have been provided for your reference(Staff Report dated January 23, 2001,Attachment No. 9). Staff believes that implementation of the above modifications would achieve the goals objectives and policies of the General Plan and will bring the project in compliance with the citywide design guidelines. As an alternative, the Planning Commission may recommend the project be reviewed by the Design Review Board for compliance with the Urban Design Guidelines. SUMMARY: Staff recommends denial of the conditional use permit as.submitted by the applicant because: • The proposed project does not achieve the optimum site planning and architectural design as envisioned by the General Plan and citywide Urban Design Guidelines. • The development is inconsistent with General Plan goals for high quality site planning and building design which encourage the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. • The proposed design does not comply with citywide Urban Design Guidelines for service stations that recommend; a) site design for corner lots to convey.a strong link to the street or comer,b) screening of gas pump canopies by the main building and c) orienting the retail market building segment of the facility towards the street frontage. ATTACHMENTS: 1. Suggested Findings for Denial 2. Conditions of Approval(Applicant's Proposal) 3. Revised Site Plan, dated March 2, 2001 4. Staff Alternative Site Plan 5. Starling Thomas Concepts CPTED Report, dated March 2, 2001 6. National Petroleum News Articles, September 1997 issue 7. Excerpt from"Crime Prevention Through Environmental Design" authored by Tim Crowe 8. City of Tustin, Auto Service Design Guidelines,Exhibit A 9. Staff Report dated January 23,2001 Staff Report—3/13/01 -6- (O1 sr04c2) J� ' . City of HuntingtonSeach Planning Department R�E PORT :;HONTINGTON BEACH -* _ - -' l TO: Planning Commission FROM: Howard Zelefsky, Director of Planning BY: Amy Wolfe,Associate Planner DATE: February 27, 2001 I ` SUBJECT: CONDITIONAL USE PERMIT NO. 00-58/VARIANCE NO. 00-17 (Continued From January 23,2001 With Public Hearing Open -Warner/Goldenwest Chevron Service Station) I APPLICANT: Jim Forgey, 1201 S. Beach Boulevard, La Habra,CA 90631 PROPERTY OWNER: Dr. Steve Minnick, 12269 Sky Lane, Los Angeles, CA 90049 LOCATION: 6972 Warner Avenue (SWC of Warner Ave. and Goldenwest Street) STATEMENT OF ISSUE: On January 23, 2001, the applicant requested that the Planning Commission continue the public hearing on this item in order to allow the applicant time to further review and resolve proj ect issues. The Planning Commission continued the project to the February 27,2001 meeting. The applicant proposes no additional information or project modifications at this time. Staff is forwarding the previously,submitted staff report, dated January 23, 2001,and recommends denial of the project as outlined in the analysis section of the report(Attachment No. 1). ATTACHMENT: 1. January 23, 2001 Planning Commission Staff Report i r Staff s Recommendation: Deny Conditional Use Permit No. 00-58 based upon the following: - General Plan goals for high quality site planning and building design which encourage the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. - Huntington Beach Zoning and Subdivision Ordinance (HBZSO) standards for developments within General Commercial zoning districts that require front and exterior side yards to be landscaped. - Citywide Urban Design Guidelines for service stations that recommend; a) site design for comer lots to convey a strong link to the street or comer, b) screening of gas pump canopies by the main building and c) orienting the retail market building segment of the facility towards the street frontage. Deny Variance No. 00-17 based upon the following: - General Plan policies which encourage the provision of landscaped areas to enhance the appearance of scenic highways and create a buffer between building sites and the scenic highways. - There are no special circumstances applicable to the subject property. The project size and configuration are ideal for property redevelopment in compliance with HBZSO requirements. The parcel's topography is relatively flat with no location or surrounding development adverse conditions which could affect its development. - The project can be redesigned and developed in compliance with code requirements. Several similar properties within the City are subject to compliance with the same code required landscape setbacks. RECOMI14ENDATION: Motion to: A. "Deny Conditional Use Permit No. 00-58 and Variance No. 00-17 with findings of denial(Attachment No.1)." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Approve Conditional Use Permit No. 00-58 and Variance No. 00-17 with findings and conditions of approval" (Attachment No. 2-Applicant's Request) B. "Continue Conditional Use Permit No. 00-58 and Variance No. 00-17 and direct staff accordingly." Staff Report—1/23/01 2 (0104) PROJECT PROPOSAL: Conditional Use Permit No. 00-58 represents a request for the following: A. To demolish the existing service station facility and permit construction of a service station with a 2,045 sq. ft. convenience market, a freestanding gas pump canopy (24-ft. high by 38-ft. wide by 52-ft. long), two (2) self-serve pump islands with four(4) dual-sided pumps,two (2) underground storage tanks and associated site improvements on a 22,500 sq. ft. lot pursuant to Section 211.04, CO, CG, and CV Districts: Land Use Controls, Commercial Uses, Service Stations of the HBZSO. B. To permit alcoholic beverage sales(beer and wine)for off-site consumption pursuant to Section 211.04, CO, CG, and CV Districts: Land Use Controls, Commercial Uses, Food and Beverage Sales with Alcoholic beverage Sales of the HBZSO. The project site is located at the southwest comer of Warner Avenue and Goldenwest Street. The property was formerly used as a Chevron service station and is currently,undergoing soil remediation.All existing structures on site are proposed to be demolished. The applicant has indicated that the proposed station is designed to reflect Chevron's latest design standards. The service station will include a convenience store (Extra Mile Market), a detached canopy, four(4) dual-fueling dispensers, two (2) underground storage tanks, a trash enclosure, air and water unit,public pay phones, and landscape and parking areas. Customers using credit/ATM cards will be able to pay for purchases directly at the pump. Products sold at the convenience market will include various food (snacks,prepackaged foods etc.) and beverage items including alcoholic beverages, for consumption off-site. The service station will be open 24 hours a day, seven days a week. There will be three (3) shifts daily with a maximum of three (3) employees per shift. The applicant-has indicated that the request is necessary(Attachment No. 4)in order to provide a safe, clean, and a well-managed facility that will contribute to the shopping convenience of City residents and visitors. Variance No. 00-17 pursuant.to Chapter 241 of the ZSO is requested for the following: A. A six(6) ft. in lieu of ten(10)ft. front and exterior side yard landscape setback planter pursuant to Section 211.06, CO, CG, and CV Districts: Development Standards of the HBZSO; and B. Provide a six-hundred(600) sq. ft. landscaped planter area at the corner of Goldenwest Street and Warner Avenue with a.minimum six(6) ft. in lieu of twenty (20)ft.wide landscaped planter pursuant to Section 230.32.D.5.b, Service Stations: Design Standards of the HBZSO. The applicant has indicated that the request is necessary(Attachment No. 4)because service and safety design considerations(building placement,traffic circulation etc.) limit the applicant's ability to provide the required ten (10) ft. wide landscape setback along the Goldenwest Street and Warner Avenue street frontages. In addition,the submitted variance also included a request to allow the mini-market and trash enclosure to be constructed with a zero (0) landscaped setback and.the public notification reflected the Staff Report- 1/23/01 3 (OlsrO4) r . request, however, upon further review it was determined that the buildings can be located as proposed by the applicant without a variance. ISSUES: LOCATION: GENERAL PLAN ZONING : LAND USE Subject Property: CG-F1 (Commercial CG (General Commercial (service station) General—0.35 FAR) Commercial) North, East, South, CG-F1 (Commercial CG (General NWC/ 76 gas station West of Subject General—0.35 FAR) Commercial) NEC/Boston Market Property SEC/Home Depot General Plan Conformance: The General Plan Land Use Map designation on the subject property is Commercial General(CG-F1) and is located within subarea 8A(Community Commercial). The proposed use is consistent with this land use designation, however the proposed project is inconsistent with the goals and objectives of the City's General Plan as follows: A. Land Use Element Goal L U 4: Achieve and maintain high quality architecture, landscape and public open spaces in the City. Goal L U 10.1.12: Require that Commercial General uses be designed and developed to achieve a high level of quality distinctive character and compatibility with existing uses including the consideration of: a. Incorporation of site landscape,particularly along street frontages and in parking lots. d. Siting and design of one or more buildings in proximity to the street frontage to convey a visual relationship to the street and sidewalk. B. Circulation Element Policy CE 7.2.3._ Encourage that all proposed building sites adjacent to a scenic highway include open space,plazas, gardens, or landscape areas which enhance the scenic highway and create a buffer between the building site and the scenic highway. The proposed project as submitted by the applicant does not incorporate design elements that will contribute towards achieving the high level of site and architectural character fostered by General Plan goals and objectives. Staff Report-1/23/01 4 (01 04) r Zoning Compliance: This project is located in the General Commercial zone and complies with the requirements of that zone except for the front, exterior, and corner landscape setbacks which are proposed to be reduced as part of a variance which has been submitted in conjunction with the development proposal. The following is a zoning conformance matrix which compares the proposed project with the applicable development standards of the HBZSO. SECTION ISSUE .;CODE PROVISION :.PROPOSED 230.32. A Lot Area Min. 22,500 sq. ft. 22,500 sq. ft. 230.32. B . Lot Width Min. 150 ft. 150 ft. 211.06 Building Setbacks (D, E, 0) Front(Goldenwest) Min. 10 ft. 86 ft. (F) Side (South P.L.) Min. 0 ft. 0 ft. (E) Street Side (Warner) Min. 10 ft. 88 ft. (F) Rear(West P.L.) Min. 0 ft. 0 ft. (F, G) Building Height Max. 50 ft. 23.1 ft. (top of curb to roof Peak) Floor Area Ratio Zoning Max. 1.5 (33,750 sq. ft.) General Plan Max. 0.35 (7,875 sq. ft.) 0.09(2,045 sq. ft) (H) Site Landscaping Min. 10 %(2,250 sq. ft.) 13.8% (3,121.5 sq. ft.) 230.32. Service Station side yard Min. 3 ft. wide landscaped Variable width planter(3 ft. D.5.a landscaping setback along interior property min) lines 230.32 Service Station Min. 600 sq. ft. w/min. 600 sq. ft. w/min. D.5.b landscaping at corner of dimension of 20 ft. dimension of 6 ft.* intersection 230.32. Pump island street side 20 ft. 32 ft. D.6 setback Canopy street side setback 10 ft.w/ground clearance of 12 20 ft. w/ground clearance ft. of 17 ft. 231.043 Off-Street Parking - Min. 11 spaces (1 sp./200 sq. ft. 12 spaces Number of retail space) 232.08.C. Landscaping Imp. Min.10 ft. wide (clear) 6 ft.-wide (clear) landscape 211.06 landscaped setback along street planter* (H) side property lines 230.78 Refuse Storage Required One 10 ft. x 12 ft. area 230.88 Fences & Walls Max. 6 ft. Not applicable * Variance request Staff Report—1/23/01 5 (01sr04) r Urban Design Guidelines Conformance: The proposed project is not in conformance with Chapter 4 (General Commercial) and Chapter 6, (Special Consideration Commercial Guidelines for Service Stations and Car Washes) of the citywide.Urban Design Guidelines. More specifically the development proposal is inconsistent with the following site planning and building design guidelines. Chapter 4 General Commercial Site Planning: e. Site and design buildings on corner and mid-block parcels to establish a strong tie to the street frontage. Buildings with angled corners or plazas are encouraged at comer locations. Chapter 6 Special Consideration Commercial Guidelines Site Planning: a. The site design for comer and midblock sites should convey a strong link to the street or corner. e. Gas pump canopies should be screened by the main building structure. The retail market/office building segment of the facility should be oriented along the street frontage. Building Design: a. Site-specific architectural design is strongly encouraged. Corporate or franchise design solutions are strongly discouraged. b. All structures on the site(including kiosks, car wash buildings, gas pump columns, etc.) should be architecturally consistent and related to an overall architectural theme. The proposed convenience market siting at a considerable distance from the Goldenwest St. and Warner Ave. street frontages and ordinary corporate architectural design will neither achieve the desirable linkage to the street corner nor the site specific architectural design encouraged by the design guidelines. The proposed gas-pump canopy location along the street frontage and featured corporate colors and design details will further erode the overall project design theme and appearance. The applicant's responses to applicable design guideline checklist items have been provided for your reference(Attachment No. 5). Staff believes that the site can be developed in accordance with the adopted citywide Urban Design Guidelines. Staff has prepared a potential alternative site plan (Attachment No. 6) and recommends specific building design modifications to achieve the envisioned high quality development(please refer to the analysis section of this report for additional alternative design information). Staff Report—1/23/01 6 (O 1sr04) Environmental Status: The proposed project is categorically exempt pursuant to Class 2, Replacement or Reconstruction, Section 15302-of the California Environmental Quality Act which states that replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced are exempt from further environmental review. Coastal Status: Not applicable. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns: The Department of Public Works has expressed concerns with the requested landscaping setback reductions. The City Landscape Architect has recommended that the required landscaped planter areas adjacent to the Goldenwest Street and Warner Avenue comer and along the street frontages be incorporated as part of the project's design in order to accommodate the growth of planting materials at maturity and enhance the overall appearance of the development. The Police Department supports development of the site with an alternative site layout which would place the convenience market adjacent to the Goldenwest/Warner intersection. The Police Department's consultant on crime prevention through environmental design has reviewed the staff recommended alternative site layout and has.indicated that such a design would contribute towards achieving the design and crime prevention goals of the City of Huntington Beach. Public Notirication: Legal.notice was published in the Huntington Beach/Fountain Valley Independent on January 11, 2001, and notices were sent to property owners of record within a 300 ft. radius of the subject property, individuals/organizations requesting notification,applicant, shopping center tenants, and interested parties. As of January 17,2001 no communication supporting or opposing the request has been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Conditional Use Permit: January 2, 2001 April 2, 2001 (90 days) Variance: January 2, 2001 April 2, 2001 (90 days) Staff Report—1/23/01 7 (O1sr04) r ANALYSIS: The primary issues with the proposed request are site planning, architectural design and the Iandscaped planter width variance associated with the development of the new service station and mini-market. Site Planning The proposed site design features the stereotype franchise service station concept which places the gas- pumps and canopy area along street frontages and the main building structure towards the back of the parcel. Access to the site will be provided by a total of two common access driveways, shared with the adjoining commercial center, from Goldenwest Street and from Warner Avenue. The existing driveways closest to the intersection are proposed to be closed. The General Plan goals and policies promote high quality design and distinctive character for all commercial development. More specifically the General Plan advocates the siting and design of buildings in proximity to the street frontage to create a visual relationship to streets and sidewalks. In addition the citywide Urban Design Guidelines for General Commercial and Special Consideration/Service Station uses recommend the placement of buildings on corner and mid-block parcels in a manner that establishes a strong tie to the street frontage and corner. Buildings with angled comers or plazas are encouraged at comer locations. Furthermore,the design guidelines recommend that gas-pump canopies should be screened by the main building structure and the retail market/office building segment of the facility should be oriented along the street.frontage. The City's intent in advocating the above is to foster development proposals which will enhance the City's unique identity and individual City district character; contribute to a positive City image along scenic corridors; stimulate investment and strengthen the economic vitality of the City and maintain and protect the value of property. The proposed site planning is not consistent with General Plan policies and citywide Urban Design Guidelines for high quality design and triggers the need to request variances for street frontage and comer landscape setback requirements. Staff believes that the proposed building siting does not represent the optimum design solution and that the project can be redesigned in compliance with General Plan and citywide design guideline goals as well as code.requirements. Staff recommends denial of the submitted development plan. Architecture The citywide Urban Design Guidelines encourage site-specific architectural design. Corporate or franchise design solutions are strongly discouraged. All structures on a development site are recommended to be designed in an architecturally consistent manner which relates to the overall architectural theme. The mini-market prototype structure is proposed to be screened by the gas-pumps and canopy structure and exhibits an ordinary "convenience store" exterior building appearance. Although the building design includes acceptable quality materials and colors,roof cornice details, and trellis elements along the sides of the structure,it neither reflects a significantly new, innovative design nor projects a unique building Staff Report—1/23/01 8 (01sr04) r character. In addition, the building and canopy design do not fully relate in terms of architectural theme. The gas-pump canopy design features the corporate "Chevron" blue, gray and white color palette and column design details which are inconsistent with the overall architecture. Staff finds the proposed building and canopy design inconsistent and contrary to the goals of the General Plan and the Urban Design Guidelines and therefore is recommending denial. Variance Request—Landscaped Setbacks The proposed project site is located at the intersection of a major urban scenic corridor (Warner Ave.) and a minor scenic corridor(Goldenwest St). The site is a square parcel which complies with the lot area and width requirements for General Commercial zoned uses and requirements applicable to service stations. The parcel's topography is relatively flat with no special location or adverse conditions which could affect its development. The project area's size and configuration are ideal for property redevelopment in compliance with code requirements. The Circulation Element of the General Plan advocates quality landscaping improvements along scenic corridors. The proposed four(4) ft.planter width reduction along the front and exterior side property line (Goldenwest St. and Warner Ave.) and the fourteen(14)ft.planter width reduction at the northeast comer of the parcel(adjacent to the Goldenwest St. and Warner.Ave. intersection) will negatively impact the overall appearance of the proposed development from the adjoining scenic corridors and.adjacent properties. The proposed planter width reductions along street frontages and comer planter area will significantly reduce the ability to adequately landscape the site and enhance its visual appearance from the adjoining streets. Trash enclosure walls and minimally enhanced side and rear building walls devoid of any window treatment will be exposed to views from the adjoining commercial center parking lot creating an undesirable view. Staff believes that the proposed reduced landscaping setbacks will not contribute towards achieving the high quality development fostered by the General Plan and recommends.denial of the landscape setback variance. Staff believes that the proposed project could and should be redesigned in compliance with the minimum HBZSO landscape requirements,in a manner that enhances the Wamer/Goldenwest scenic highway intersection and creates a buffer between the building site and the scenic highways. Staff Alternative A. Site Planning Staff suggests placement of the mini-market building adjacent to the Warner/Goldenwest intersection in order to create a direct visual and physical linkage to the street frontage and accommodate the required corner and street frontage landscaped setbacks. In addition staff recommends that the mini-market building be angled at the comer in order to provide the required comer landscaping and enhance the appearance of the facility and street intersection. Access to the site will be provided by the common access driveways which are shared with the adjoining commercial center, from Goldenwest Street and from Warner Avenue. The existing driveways closest to the intersection are proposed to be closed A Staff Report-1/23/01 9 (01sr04) r schematic alternative that depicts one of the potential design solutions, has been provided as a reference. (Attachment No. 6) B. Architecture The alternative plan suggested by staff also includes recommendations on the architectural style of the buildings. Staff suggests: a) architectural modifications and placement of the mini-market building adjacent to the Wamer/Goldenwest intersection in order to screen the gas-pumps, canopy, and create an architectural focal point design; and b)revisions to the canopy column details and color palette in order to achieve architectural consistency between the mini-market and canopy design components. Staff recommends that the mini-market building should be angled to create an appropriate comer building transition at the Warner/Goldenwest intersection, it should be proportionately increased in height to establish a prominent architectural presence, and incorporate additional window glazing along the street frontages to improve the building's appearance and security of the facility from the street. Photographs of a recently developed "Chevron" service station in the city of Dana Point,which utilizes the above design elements, have been provided for your reference (Attachment No. 7). i Staff believes that implementation of the above modifications would achieve the goals objectives and policies of the General Plan and will bring the project in compliance with the citywide design guidelines. As an alternative, the Planning Commission may recommend the project be reviewed by the Design Review Board for implementation of staffs recommendation and compliance with!-the Urban Design Guidelines. i SU EWARY: i Staff recommends denial of the conditional use permit because: • The proposed project does not achieve the optimum site planning and architectural design as envisioned by the General Plan and citywide Urban Design Guidelines. • The development is inconsistent with General Plan goals for high quality site planning and building design which encourage the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. • The proposed design does not comply with citywide Urban Design Guidelinesfor service stations that recommend; a) site design for corner lots to convey a strong link to the street or comer,b)screening of gas pump canopies by the main building and c) orienting the retail market building segment of the facility towards the street frontage. • The proposed service station development plan does not comply with the HBZSO minimum street frontage and comer landscaping requirements. i Staff recommends denial of the variance request because: • The variance will adversely affect the General Plan. It is inconsistent with General Plan policies which encourage the provision of landscaped areas to enhance the appearance of scenic highways and create a buffer between building sites and scenic highways. • There are no special circumstances applicable to the subject property which justify granting of the requested variance. The project size and configuration are ideal for property redevelopment in Staff Report—1/23/01 10 (Olsr04) r compliance with HBZSO requirements. The parcel's topography is relatively flat with no special location or surrounding development adverse conditions which could affect its development. • The project can be redesigned and developed in compliance with code requirements. Several similar properties within the City are subject to compliance with the same code required landscape setbacks. ATTACHMENTS: 1. Suggested Findings for Denial 2. Conditions of Approval(Applicant's Recommendation) 3. Site Plan, Floor Plans and Elevations dated%December 13, 2000 4. Narrative dated August 25, 2000, September 1,2000 and December 12,2000 5. Urban Design Guidelines Checklist 6. Staff Alternative Site Plan 7. Dana Point Service Station Photographs SH:HF:AW:rl Staff Report—1/23/01 11 (O 1 sr04) Council/Agency Meeting Held: Deferred/Continued to: ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: May 7, 2001 Department ID Number: PL01-16 CITY OF HUNTINGTON BEACH REQUEST FOR. ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: HOWARD ZELEFSKY, Director of Planning§--Vz,-,--�� SUBJECT: DENY CONDITIONAL USE PERMIT NO. 00-58 (Chevron Service Station at the SWC of Goldenwest St. and Warner Ave.) 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 Pro Tern Debbie Cook of the Planning Commission's approval of Conditional Use Permit No. 00-58. The application represents a request by Jim Forgey (RHL Design Group Inc.) to: a) demolish the existing service station and construct a new facility with a 2,045 sq. ft. convenience market and associated site improvements on a 22,500 sq. ft. project site; and b) permit the sale of alcoholic beverages (beer and wine) for off-site consumption. The appeal is based on the need to evaluate the project's consistency with General Plan land use goals, objectives and policies to achieve high quality design and conformance with the Urban Design Guidelines. The Planning Commission conditionally approved the request and is recommending approval (Recommended Action - A) because the Planning Commission found the project to be consistent with the General Plan goals for high quality planning and architecture and the design of the buildings and site layout conforms to the Urban Design Guidelines. The Planning Commission did review and consider a staff alternative site layout (reverse design). The Planning Commission did not find the alternative layout-of orienting the building along the street frontage conducive due to visibility constraints and safety reasons. REQUEST FOR ACTION MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PL01-16 Staff recommended denial of the project to the Planning Commission and is recommbnding that the City Council deny the request (Recommended Action - B) because the proposed project does not achieve the optimum site planning and architectural design as envisioned by the General Plan and the Urban Design Guidelines. The development is inconsistent with General Plan goals for high quality site planning and building design which encourages the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. In addition, the proposed design does not conform to the Urban Design Guidelines for placement of buildings at service station sites. The guidelines recommend that site design for corner lots convey a strong link to the street or corner; the screening of gas pump canopies by the main building; and orienting the main building towards or along the street frontage (reverse design layout). Funding Source: Not applicable. Recommended Action: A. PLANNING COMMISSION RECOMMENDATION: Motion to: "Approve Conditional Use. Permit No. 00-58 with findings and conditions of approval (ATTACHMENT NO. 1)." Planning Commission Action on March 13, 2001: A MOTION WAS MADE BY KERINS TO DENY CONDITIONAL USE PERMIT NO. 00-58 WITH FINDINGS, MOTION FAILED DUE TO LACK OF SECOND THE MOTION MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 00-58, WITH MODIFIED FINDINGS AND CONDITIONS FOR APPROVAL (ATTACHMENT NO. 1) TO INCLUDE PROHIBITION OF ALCOHOL SALES BETWEEN THE HOURS OF 12:00 A.M. TO 6:00 A.M. CARRIED BY THE FOLLOWING VOTE: AYES: HARDY, KOKAL, LIVENGOOD, MANDIC, SHOMAKER, SPEAKER NOES: KERINS ABSENT: NONE ABSTAIN: NONE MOTION PASSED PL01-16.doc -2- 4/25101 11:57 AM REQUEST FOR ACTION MEETING DATE: May 7, 200'1 DEPARTMENT ID NUMBER: PL01-16 B. STAFF RECOMMENDATION: Motion to: "Deny Conditional Use Permit No. 00-58 with findings for denial (ATTACHMENT NO. 2)." Alternative Action(s): The City Council may make the following alternative motion(s): A. "Approve Conditional Use Permit No. 00-58, direct the applicant to redesign the project in accordance with Staffs Alternative (reverse design layout) and forward the project to the Design Review Board." B. "Continue Conditional Use Permit No. 00-58 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: Jim Forgey, 1201 S. Beach Boulevard, Suite#207, La Habra, CA 90631 Location: 6972 Warner Avenue (SWC of Warner Avenue and Goldenwest Street) Conditional Use Permit No. 00-58 represents a request to: A. To demolish the existing service station facility and permit construction of a service station with a 2,045 sq. ft. convenience market, a freestanding gas pump canopy (24-ft. high by 38-ft. wide by 52-ft. long), two (2) self-serve pump islands with four (4) dual- sided pumps, two (2) underground storage tanks and associated site improvements on a 22,500 sq. ft. corner lot. B. To permit alcoholic beverage sales (beer and wine) for off-site consumption. The project site is located at the southwest corner of Warner Avenue and Goldenwest Street. The property was formerly used as a Chevron service station and is currently undergoing soil remediation. All existing structures on site are proposed to be demolished. The applicant indicates that the proposed station is designed to reflect Chevron's latest design standards. The service station will include a convenience store (Extra Mile Market), a detached canopy, four (4) dual-fueling dispensers, two (2) underground storage tanks, a trash enclosure, an air and water unit, public pay phones, and landscape and parking areas. Customers using credit/ATM cards will be able to pay for purchases directly at the pump. PL01-16.doc -3-. 4125101 11:57 AM REQUEST FOR ACTION MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PL01-16 Products sold at the convenience market will include various food (snacks, pre-packaged foods, etc.) and beverage items including alcoholic beverages for consumption off-site. The service station will be open 24 hours a day, seven days a week. There will be three (3) shifts daily with a maximum of three (3) employees per shift. The applicant indicates that the request is necessary .(see Attachment No. 4) in order to provide a safe, clean, and a well-managed facility that will contribute .to the shopping convenience of City residents and visitors. B. PLANNING COMMISSION MEETING AND RECOMMENDATION FOR APPROVAL: The proposed development was scheduled for the January 23, 2001 Planning Commission but was continued to the February 27, 2001 meeting upon the applicant's request. The applicant requested the continuance in order to further review and resolve site and design issues. On February 27, 2001, the applicant submitted a revised development proposal that eliminated the landscape planter width variance at the corner of the parcel and modified the planter width variance along Warner Ave. and Goldenwest St. The Planning Commission continued the February 271 meeting to March 13, 2001 and directed staff to obtain additional information. The continuance allowed staff to: a) review the re-submitted plans; b) obtain information on safety concerns.regarding the placement of the building at the corner; and c) contact Urban Design Studio (consultant for the City's Urban Design Guidelines) regarding staff s alternative layout. Subsequent to the February 27, 2001 meeting, the applicant submitted a revised site plan indicating compliance with all applicable landscaping standards. On March 13, 2001 the Commission heard public testimony by seven persons representing the applicant who spoke in favor of the proposed project. The applicant and his representatives indicated that visibility and safety are of paramount .importance and opposed the reverse design layout (building at the street corner) due to inadequate visibility into the service station. The Huntington Beach Police Department stated that the staff alternative layout (reverse design) provides ample visibility to the service station from the commercial center to the south as well as from Goldenwest Street and Warner Avenue. Furthermore, the proposed large window areas along the exterior building walls contribute towards deterring criminal activity. The Commission did not find the alternative layout of orienting the building along the street frontage conducive . due to visibility constraints and safety reasons. The Planning Commission placed conditions on the project requiring that the Design Review Board review the project and prohibited alcoholic beverage sales between the hours of 12:00 p.m. - 6:00 a.m. PL01-16.doc -4- 4/25101 11:57 AM REQUEST FOR ACTION MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PL01-16 C. APPEAL: On March 22, 2001 Mayor Pro Tem Debbie Cook appealed the Planning Commission's action (ATTACHMENT NO. 5) citing the following reason: "The proposal should be reviewed by the City Council in order to determine if the subject development is in compliance with pertinent land use goals objectives and policies of the General Plan regarding achieving high quality design and whether it is consistent with the citywide Urban Design Guidelines." D. APPEAL - STAFF ANALYSIS AND RECOMMENDATION: The primary issues to consider when reviewing the proposed project and the appeal is conformance with the General Plan and Urban Design Guidelines. A complete project analysis is provided for your review in the attached Planning Commission staff reports (see Attachment No. 6). An additional issue for consideration is safety and its relationship to the design and layout of the buildings. An analysis of these issues and a proposed staff alternative is also provided for your consideration. Site Planning The proposed project is located at the intersection of a major urban scenic corridor (Warner Ave.) and a minor scenic corridor(Goldenwest St). The General Plan goals and policies promote high quality design and distinctive character for all commercial development. Specifically the General Plan advocates the siting and design of buildings in proximity to the street frontage to create a visual relationship to streets and sidewalks. In addition, the Urban Design Guidelines for General Commercial and Special Consideration/Service Station Uses recommends the placement of buildings on corner and mid-block parcels in a manner that establishes a strong tie to the street frontage and corner. The guidelines promote buildings with angled corners or plazas at corner locations. Furthermore, the guidelines recommend that gas-pump canopies should be screened by the main building and not be oriented along the street frontage. The intent is to foster developments that enhance the City's unique identity and individual City district character; contribute to a positive City image along scenic corridors; stimulate investment and strengthen the economic vitality of the City; and maintain and protect the value of property. This is particularly applicable to service station facilities because they occupy sites at most major intersections in the City and have the potential to negatively impact the visual quality of the streetscape. I The applicant's proposed site plan complies with Huntington Beach Zoning and Subdivision Ordinance requirements including setbacks, landscaping and parking standards but features the stereotypical franchise service station concept. This concept places the gas-pumps and PL01-16.doc -5- 4/25/01 11:57 AM REQUEST FOR ACTION MEETING DATE: May 7, 2001 DEPARTMENT ID.NUMBER: PLO I-16 canopy area along street frontages and the main building towards the back of the parcel. The applicant's proposed site layout is not consistent with the General Plan and Urban Design Guidelines which encourages the placement of the proposed building at the corner or along street frontages to screen the canopy and pump islands. Placement of buildings along street frontages, screening of auto oriented activities, and high quality site-specific architecture represent some of the most important concepts in the Urban Design Guidelines. In concert, they represent a "smart development" principle which is intended to bring back detailed, human scaled development to commercial streets and make them attractive, convenient and safe for motorists and pedestrians alike while accommodating parking and auto oriented activities necessary for commercial viability. The City's consultant for the Urban Design Guidelines, Urban Design Studio/RBF, has reviewed the applicant's proposed project and the staff alternative. The consultant indicates that staffs alternative (reverse design) is consistent with site planning and crime prevention concepts encouraged in the Urban Design Guidelines and with current planning trends. In August 1998, similar site planning guidelines were adopted"by the City of Tustin (see Attachment No. 10). The City's consultant believes that staffs alternative represents one of the most up-to-date designs in terms of building placement which successfully addresses aesthetic and security factors associated with good planning practice. The applicant's site plan does not represent the optimum design and the project can be re- designed (Attachment No. 8) in conformance with the General Plan and Urban Design Guidelines. Architecture The Urban Design Guidelines encourage site-specific architectural design. Corporate or franchise design solutions are strongly discouraged. All structures on a development site are recommended to be designed in an architecturally consistent manner that relates to the overall architectural theme. Staff research on the issue of service station and convenience market architecture indicates that projects that are customized to individual sites do not come across as prototypical and image-wise make a strong positive statement. The proposed prototype mini-market structure is proposed to be screened by the gas-pumps and canopy structure and exhibits an ordinary "convenience store" appearance. Although the building design includes quality materials and colors, roof cornice details, and trellis elements along the sides of the structure, it neither reflects a significantly new or innovative design nor projects a unique building character. In addition, the building and canopy design do not fully relate in terms of architectural theme. On March 5, 2001, staff met with the applicant and discussed the issues of site planning and architecture. The applicant indicated that minor architectural modifications to the PL01-16.doc -6. 4/25/01 11:57 AM REQUEST FOR ACTION MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PL01-16 convenience store and gas pump canopy might be acceptable. The Planning Commission's recommended conditions of approval includes a condition that refers the development proposal to the Design Review Board (DRB). The condition recommends the evaluation of the building entry design, architectural treatment of the rear building elevation, gas-pump canopy design, gasoline brand identity features, fenestration, pedestrian access and walkways, driveway hardscape treatment, landscape screening, site and building lighting, and building materials and colors. Crime Prevention Through Environmental Design (CPTED) One of the major points of discussion at the Planning Commission was the effect of the building's location as it pertains to visibility and safety. Staff researched other cities to find locations of service stations with the reverse layout design. The research indicates that such layouts have been built in the cities of Dana Point, Irvine, Mission Viejo and Tustin. In the County of San Diego they have been built in the cities of Carlsbad, San Diego and Chula Vista. The Commission asked staff to research whether the location of the building at the corner lends itself to an increase in crime. Staff contacted the cities that have reverse layout designs to see if any statistics are kept on the issue of crime and building location. The research indicates that no specific statistics are kept for this issue. However, the cities did note that no additional criminal activity could be directly attributed to the siting of the building at the corner. Staff specifically spoke to the Police and Planning Department staff at the aforementioned cities to find out if an increase in crime has been experienced at those sites due to the location of the building. The information provided by these cities indicates that no such increase has taken place. In fact some have expressed an opinion that service stations with a reverse layout design were successful and effective in deterring criminal activities and endorsed the reverse layout design concept. Throughout this process, staff has worked with the Police Department on the placement of the building to.optimize visibility and eliminate or reduce issues of safety. The Police Department has analyzed the applicant's proposal in terms of project visibility from adjoining areas and safety. The Department indicates (see Attachment No. 9) that the plan provides visibility into the service station and convenience store for passerbys on Goldenwest Street and Warner Avenue. However, the plan does not allow for neighboring businesses and customers of the commercial center to "passively survey" the facility. Furthermore it has been concluded that the placement of the convenience store at the interior corner of the site has disadvantages in terms of crime prevention. This is because the back side of the building creates areas hidden from view that lend themselves as escape routes that are preferred by criminals. The Huntington Beach Police Department also analyzed the staffs alternative layout (see Attachment No. 8) in terms of project visibility from adjoining areas and safety. Their report indicates that the plan provides ample opportunity for visibility to the service station from the commercial center to the southwest, as well as passerbys, motorists and police on PL01-16.doc -7- 4/25/01 12:06 PM REQUEST FOR ACTION MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PL01-16 Goldenwest Street and Warner Avenue. The Huntington Beach Police Department inspected a Chevron service station facility in the City of Dana Point that utilizes a similar layout suggested by staff. The inspection revealed that the design and window placement was adequate to see into the store from the adjacent streets. In addition it was noted that the placement of multiple windows along the exterior building positively contribute towards deterring criminal activity. Staff Alternative Staff is recommending the placement of the mini-market building adjacent to the Warner/Goldenwest intersection in'order to create a direct visual and physical linkage to the street frontage. In addition, the mini-market building should be angled at the corner in order to enhance the appearance of the facility and the landscaping at the intersection (see Attachment No. 8). Photographs are attached of a "reverse layout" designed Chevron station in the City of Dana Point. This design utilizes the above mentioned design elements. Photographs of "conventional" service stations are also provided for comparison and reference (see Attachment No. 11). Should the City Council approve the staff alternative for the reverse design layout, revisions to the proposed plan would be necessary. An alternative action (Alternative Action A) has been included to approve Conditional Use Permit No. 00-58, direct the applicant to redesign the project in accordance with Staffs Alternative (reverse design layout), and forward the project to the Design Review Board. E. SUMMARY Development on this parcel will serve as a focal point from.the street and the adjoining commercial center. It is important that the City recognize the importance of this development and the consistent and equitable implementation of the General Plan and Urban Design Guidelines. Staff believes that this project can achieve the envisioned urban design goals by utilizing a reverse design layout and with site-specific architecture. Service station sites occupy many prominent corners in the City of Huntington Beach. A large number of them are outdated and will be redeveloped in the near future. This is the first demo and re-build service station that has been proposed since the adoption of the Urban Design Guidelines. The approved design will set the tone for the future development of other facilities. Because the City of Huntington Beach is nearly built-out, General Plan policies and citywide Urban Design Guidelines and their associated design principles have to be implemented incrementally as individual sites are recycled. In Huntington Beach consistent PL01.16.doc -8. 4125101 11:57 AM REQUEST FOR ACTION MEETING DATE: May 7, 2001 .DEPARTMENT ID NUMBER: PL01-16 implementation of city polices and guidelines over time is the primary way to effectuate a positive change to the City's visual character. Staff recommends denial of the conditional use permit as submitted by the applicant because: .The proposed project does not achieve the optimum site planning and architectural design as envisioned by the General Plan and citywide Urban Design Guidelines. o The development is inconsistent with General Plan goals for high quality site planning and building design which encourage the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. .The proposed design does not comply with citywide Urban Design Guidelines for service stations that recommend; a) site design for corner lots to convey a strong link to the street or corner, b) screening of gas pump canopies by the main building and c) orienting the retail market building segment of the facility towards the street frontage. Environmental Status: The proposed project is categorically exempt pursuant to Class 2,. Replacement or Reconstruction, Section 15302 of the California Environmental Quality Act which states that replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced are exempt from further environmental review. i PL01-16.doc -9- 4125101 11:57 AM REQUEST FOR ACTION MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PL01-16 Attachment(s): NOT I t' tCLUVF-�T DescriptionCity Clerk's Page Number No. 1 Findings and Conditions of Approval (Planning Comm ion Recommendation) on- 2 Findings for Denial (Staff Recommendation) 3 Site Plan, dated March 2, 2001 and Floor Plan a levations, dated December 13, 2000. 4 Applicant's narrative, dated August 25, 2 —September 1, 2000— December 12, 2000. 5 Appeal Letter, dated March 22, 1 6 Planning Commission Staff ports dated 3/13/01, 2/27/01, & 1/23/01 w/out attachments ' 7 Draft Planning Com sion Minutes dated 3/13/01, 2/27/01, & 1/23/01 8 Staff Alternative a Plan (Reverse Design Layout) 9 Starling Tho as (CPTED) report, dated 3/2/01 10 City of T tin, Auto Service Design Guidelines — Exhibit A 11 Phot raphs of"reverse layout" and "conventional design " service st ons 12 etter in Opposition from Joan Friedman, dated January 22, 2001 RCA Author: Amy Wolfe/Herb Fauland PL01-16.doc -10- 4/25101 11:57 AM DATE: 1/23/01 S'rAFF ALTERNATIVE SITE PLAN P e Reciprocal Access Driveway i Gas-Pump \ ` Islands > 9 � / S / 6 .00 • %j/s i"d 4 '� • Mini-Market • 1845 sq.ft. 3 •�, r— Sign P�.. Reciprocal Access & Driveway GOLDENWEST STREET NORTH as _� � � - � �. (13) May 7, 2001 Council/Agency Minutes - Page 13 (City Council) Public Hearing - Considered Appeal Filed by Mayor Pro Tern Debbie Cook of the Planning Commission's Approval of Conditional Use Permit No. 00-58 (s/w Corner of Warner Avenue/Goldenwest Street Chevron Service Station) Applicant Jim Forgey, RHL Design Group, Inc. and Steve Minnick— Project Referred to the Design Review Board for Recommendation Back to Council on a Date Uncertain of an Improved Architectural Product (420.40) Mayor Julien Houchen announced that this was the time scheduled for a public hearing to consider the following: Applicant: Jim Forgey, RHL Design Group Inc., 1201 S. Beach Blvd., Suite No. 207, La Habra Appellant: Debbie Cook, Huntington Beach Mayor Pro Tempore Request: Appeal of the Planning Commission's approval to permit the construction and operation of a service station. Conditional Use Permit No. 00-58 represents a request to: a) demolish the existing service station facility and permit construction of a service station with a 2,045 sq. ft. convenience market, a freestanding gas pump canopy (24-ft. high by 38-ft. wide by 52-ft. long), two (2) self-service pump islands with four(4) dual-sided pumps, two (2) underground storage tanks and associated site improvements on a 22,500 sq. ft. corner lot; and b) permit alcoholic beverage sales (beer and wine) for off-site consumption. Location: 6972 Warner Avenue (s/w corner of Warner Avenue and Goldenwest Street) Environmental Status: This agenda item is-categorically exempt from.the provisions of the California Environmental Quality Act. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Planning Director Howard Zelefsky presented a PowerPoint slide report that had been announced earlier by the City Clerk as a Late Communication. The communication is titled Appeal of Conditional Use Permit 00-58— Chevron Station 6972 WarnerAve.. Planning Director Zelefsky furnished the rationale for the staff recommendation of what is described as a"reverse layout"—convenience store in front; the pump islands in the rear- as opposed to the Chevron Company's traditional design for its gas stations: 1. Staffs reverse layout design fits on site; 2. Nine cities that have this type of requirement with no evidence of increased crime in having the building located close to a corner; 3. Chevron can achieve design requirements without economic hardship; and 4. Urban Design Guidelines are specific for the community for future developments, and are not just"mainly guidelines." Director Zelefsky informed Council that this is the first project analyzed relative to Urban Design Guidelines. Mayor Pro Tern Cook prefaced the public hearing by stating that the guidelines are a result of many hours of community input and consultation; residents do not want to settle for mediocrity. (14) May 7, 2001 Council/Agency Minutes - Page 14 She stated that the developer is bringing in "canned" drawings. Mayor Pro Tern Cook informed that her purpose for having filed the appeal is so that other developers will not be of the opinion that the city does not support good architecture that is aesthetically pleasing. Mayor Julien Houchen declared the public hearing open. Prior to naming the public speakers the City Clerk restated for the record the following Late Communication announced earlier that pertains to this hearing: The communication is the PowerPoint slide report presented by Planning Director Zelefsky titled Appeal of Conditional Use Permit 00-58- Chevron Station 6972 WarnerAve. Richard Loyd, Chevron Products Company representative, informed Council that Chevron is proposing a traditional, while staff is recommending a reverse layout for the gas station project. He stated that the most important.goal is to be guided by the Urban Design standards, which is still being done. Mr. Loyd stated that Chevron met 98 out of 114 design elements, and that 16 that had not initially been met have since exceeded the requirements. He presented a slide report and spoke relative to the overall design scheme, pointing to compatibility with colors and materials in the area. Mr. Loyd spoke regarding safety issues, citing the economic health of the center. Arden Beavers informed Council that he is a retired Police Sergeant who lives near the proposed site of the gas station. Mr. Beavers spoke in opposition to a reverse layout design for safety reasons. He stated that an officer patrolling at night cannot see in from the street because either his visual field would be blocked or there are no windows. In addition, he said that a drive-by cannot be conducted. Mr. Beavers urged approval of Chevron building a traditional layout.gas station. Bruce Ramm, Law Enforcement Relations, spoke in support of the Chevron Products Company proposal for a traditional layout. He stated that the concept described by one of the previous speakers of the relationship between the "built environment and criminal opportunity' is not a new theory, but one used in pre-construction projects and in community policing. Mr. Ramm cited as an example a Ralphs Center in the City of Orange that is situated in a high-activity level area that he believes is not conducive to violent crime. - Larry Tidball, Architect for Chevron Company Products, elaborated on what the previous speaker, Mr. Ramm referred to as the"elements of visibility." He spoke in opposition to the staffs suggestion of placing windows to the rear of the building, stating that this setup does not allow for a storage room. Mr. Tidball expressed the belief that the reverse layout is not workable; that it only fits on a larger piece of property that has been integrated into the construction site from the very beginning. Mayor Pro Tern Cook referred to a.drawing that had been placed before the podium, inquiring if it is a specific design of the proposed auto service station. Mr. Tidball confirmed after it was pointed out to him by Mayor Pro Tern Cook that the rendering shows a car wash adjacent to the gas station; therefore it was not. Richard Harlow spoke regarding what he considered to be significant issues related to the applicant being in compliance with the General Plan, as well as the Urban Design Guidelines. He stated that the major areas of disagreement are in building design and orientation, and that there is concurrence for a review— including one by the Design Review Board - of landscaping (15) May 7, 2001 Council/Agency Minutes - Page 15 concerns. Mr. Harlow related the Planning Commission's long deliberation of the issues. He informed Council that the reason for the setback is that the site is at the intersection of two major arterial highways. Referring to a diagram on the wall, Mr. Harlow spoke in opposition to the reverse layout design for reasons of safety. He stated that the landscaping reflected, which is the property of the shopping center, could screen activity taking place at the gas station site. Ed Kerins, Design Review Board (DRB) member, informed Council of the makeup of the board, stating that it includes business owners in the community. Mr. Kerins said that upon hearing of the appeal, the DRB is going to review again. Mr. Kerins stated his disapproval of a past affiliation between Chevron and the Huntington Beach Company that he believes to have resulted in the generation of unacceptable design concepts. Councilmember Garofalo expressed the concern that the corporate persona had been placed under attack. He-cited several projects in the community that he considers to be outstanding, among them the Beachwalk Condominium Complex and the Seacliff Shopping Center. There were no persons present to speak further on the matter and there were no further protests filed, either written or oral. The hearing was closed by the Mayor. Councilmember Dettloff spoke regarding the Council position to fulfill a commitment to a quality community with improved: 1.) city streetscapes, 2.) architectural buildings, and 3.) landscaping designs. Councilmember Dettloff informed Council of her hesitancy to vote at this evening's meeting. She stressed the importance of the location of the gas station, stating that many people going to the beach cross that intersection. Councilmember Dettloff expressed the belief that the city is at a disadvantage due to build-out, and-should take every opportunity for improvement. She spoke in favor of the reverse layout, stating that many cities have executed the design successfully and have written it into code. Councilmember Dettloff identified Chevron as one of the largest corporate leaders and urged the company as a partner of Huntington Beach to come back with something that is pleasing. Mayor Pro Tern Cook initiated a discussion of the conditions of approval. Planning Director Zelefsky stated that they would require modification in consideration of the staffs alternative reverse layout, since the review had been conducted using a traditional prototype. He referred to the DRB review listed as Condition H on pages D-2.14 and .15 of the staff report. Police Chief Ronald Lowenberg responded to Council inquiries relative to the reverse design concept and safety issues. He referred to pages D-2.82 through .84 of the staff report, which is a communication from Jan Thomas of Starling Thomas Concepts, the CPTED (Crime Prevention Through Environmental Design) Consultant from the Police Department. Chief Lowenberg stated that he has complete confidence that the recommendations Ms. Thomas has set forth are correct and that either design is acceptable to the Police Department. Police Chief Lowenberg referred to page D-2.83, stating that the issue regarding the escape route has not been addressed by Chevron. He informed Council of his opinion that with the city reverse layout plan, the opportunity for the escape of a suspect is significantly reduced. RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Appeal of CUP No. 00-58 (Chevron Service Station at the SWC of Goldenwest St. and Warner Ave.) COUNCIL MEETING DATE: October 15, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Attached Findings/Conditions for Approval and/or Denial Attachedz EXPLANATION FORNISSINOATTACHMENM REVIEWED ........ :. RETURNED FORWARDED Administrative Staff Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) E . FRRETURNOX O F Only)(Below Space For City Clerk's Use RCA Author: HZ:SH:HF:AW:rl r x N C • O � C-) Mn��i�' _ C) Appeal of m�.: Conditional Use Permit No. 00-58 U w CHEVRON STATION 6972 Warner Ave (SWC Goldenwest St. & Warner Ave.) 10/15/01 1 a. Project Proposal • Demolish existing service station • Construct; . 2,000 sq. ft. mini-market . 4 fuel gas-pumps w/ canopy • Permit the sale of alcoholic beverages (beer and wine) 10/15/01 2 G)MM Planning Commission :. Action • March 13, 2001 - Planning Commission approved the project. • Planning Commission Findings: • Project is consistent with General Plan & Urban Design Guidelines © The site design and building location is not conducive to orienting the building along the street frontage due to safety reasons 10/15/01 3 3 � Ap pea • March 22, 2001 - Appeal filed by Mayor Pro Tem Debbie Cook ® Cited reasons fora eal: . The City Council should review the project to determine: Compliance with General Plan policies Consistency with the citywide Urban Design Guidelines. 10/15/01 4 2 City Council Action May 7, 2001 - City Council refers project to DRB to review and provide recommendations on architectural design. 10/15/01 5 Design Review Board Review • DRB concerns: - • Building massing, • Overall design character. • Applicant revised project to - address: Building entry massing Architectural detail elements • Fenestration 10/15/O1 6 3 Design Review Board Action September 13, 2001 - DRB finds the revised architectural design to be consistent with the General Plan and Urban Design Guidelines. 10/15/01 7 Appeal — Proposed Project Design Analysis • Project features stereotype franchise service station: • Gas-pumps and canopy along street frontages Main building towards the back of the parcel 10/15/01 8 4 i Appeal Proposed Project Analysis (cont.) Proposed design Is Inconsistent with: General Plan advocates siting and design of buildings in N proximity to street ® seTMaasxwnrt o Design Guidelines maniR" TO A 1Nm YO S1NP5 TO ® N WRA-�. encourage placement of M ROM PRUVA.T buildings to create a •: KWOi TMl STAM S MS�u strong tie to street A.OKN S SQ MO'N TNN.S[TLNLOW . frontage/corner,-Sru!taw screen canopies by main building 10/15/01 9 D 6 - Y 5 . , - , 2y: � ���� �\ - Z »� ,y } }. «� , � p�< \ <k � • � � » ^ \ � J�� \. � � � \� \. § . . ®% � ^ - // � � . »J ` \/t� � » / �\ \ � . " . - � . : » . . - �' y � - . ƒ\ . . . ��� � ° � ^ . �«~^ � | � � � ,\ , � . ƒ! > � g . -■ { �_ . - 2 a����� � § Recommendations 2t • A. Approve CUP No. 00-58 as recommended by DRB • B. Deny CUP No. 00-58 w/ findings(Staff recommendation) • Alternative Actions Approve project (Staff alternative) and forward to DRB 10/15/01 13 7 Council/Agency Meeting Held: Deferr on ' DNT,%�g ,3 Zo `0-�5-0 I ia.Approved ❑ ConditionalW Ap roved El 'Denied #U Cler ' Signature Council Meeting Date: October 1, 2001 Department ID Number: PL01-16R1 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator6eOW PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: CONTINUE CONDITIONAL USE PERMIT NO. 00-58 (Chevron Service Station at the SWC of Goldenwest St. and Warner Ave.) 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 Pro Tern Debbie Cook of the Planning Commission's approval of Conditional Use Permit No. 00-58. The item was continued from the May 7, 2001 City Council meeting, and referred to the Design Review Board (DRB) for review and recommendation on the architectural design of the service station. The applicant's request (RHL Design Group Inc.) on behalf of Chevron Corporation is as follows: a) demolish the existing service station and construct a new facility with an approximately 2,000 sq. ft. convenience market and associated site improvements on a 22,500 sq. ft. project site; and b) permit the sale of alcoholic beverages (beer and wine) for off-site consumption. The appeal is based on the need to evaluate the project's consistency with General Plan land use goals, objectives and policies to achieve high quality design and conformance with the Urban Design Guidelines. Staff recommends that the City Council open the public hearing and continue the item to the October 15, 2001 meeting with the public hearing open. Fundina Source: Not applicable. o � rV f o- { co-r n 70 Tc---) W O w a ; REQUEST FOR ACTION MEETING DATE: October 1, 2001 DEPARTMENT ID NUMBER:PL01-16R1 Recommended Action: STAFF RECOMMENDATION: Motion to: "Continue Conditional Use Permit No. 00-58 to the October 15, 2001 meeting with the public hearing open." Attachment(s): None. RCA Author: Amy Wolfe/Herb Fauland PL01-16R1 -2- 09/26/2001 11:34 AM WARNER - WEST, LTD . September 28, 2001 VIA FACSIMILE: 714/374-1557 Connie Brockway, City Clerk City.of Huntington Beach 2000 Main Street, 2"d Floor Huntington Beach, CA 92648 \ Re: 6972 Warner Avenue (SWC Warner Avenue and Goldenwest Street) Dcar Ms. Brockway: I represent the partnership that owns the shopping center on the southwest corner of Warner Avenue and Goldenwest Street in the City of Huntington Beach. Today I received notice that on Monday, October 1,2001 the City Council will hold a public hearing on the APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 00-58 (WARNER/GOLDENWEST CHEVRON SERVICE STATION). Please note that there are three corners at this intersection which already have two markets, three liquor stores and other retail vendors that sell beer and wine. The economy at this time hardly supports those existing businesses and we can't understand how or why you would want more there. Please reconsider and do not allow the approval of the permit for alcoholic beverage sales for off-site consumption. Enough is enough! Thank you for your assistance in this matter. Sincerely, Elis Nourafchan for Warner-West,Ltd. 721 SANTA MONICA BOULEVARD • SANTA MONICA, CALIFORNIA • 90401 PHONE: 310/394-8248 • FAX: 310/319-1676 CITY OF HUNTINGTON BEACH City Council Communication 0 TO: Connie Brockway, City Clerk FROM: Debbie Cook,Mayor Pro Tem DATE: March 22, 2001 SUBJECT: APPEAL OF THE PLANNING COAD/IISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 00-58 (WARNER/GOLDENWEST CHEVRON SERVICE STATION) Conditional Use Permit No. 00-58 was approved by the Planning Commission on March 13, 2001,to permit construction and operation of a service station at 6972 Warner Avenue. I am hereby appealing the Planning Commission's action based upon the following reason: ■ The proposal should be reviewed by the City Council in order to determine if the subject development is in compliance with pertinent land use goals objectives and policies of the General Plan regarding achieving high quality design and whether it is consistent with the citywide Urban Design Guidelines. L•,: � .J i NOTICE OF APPEAL TO PLANNING COMMISSION ACTION 3 _ AF 2 �Q Date of Planning Commission Action J TO: Planning Dept (2 copies) DATE: as City Attorney (1 copy) FILED BY REGARDING: Tentative Date for Public Hearing: �aP Copy of Appeal Letter attached. LEGAL NOTICE AND A.P.MAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE Connie Brockway City Clerk x5227 s 3 }a b Z's lu MEETING DATE: October 1, 2001 DEPARTMENT SUBJECT: REQUESTING: Planning Appeal of CUP No. 00-58 (Warner/Godenwest Chevron) TODAY'S DATE September 14, 2001 VERIFIED BY ADMININSTRATION: ��� APPROVED BY: Ray Silver City Administrator 9/14/01 11:30 AM PROOF OF PUBLICATION STATE OF CALIFORNIA) .. ) SS. County of Orange ) Notice of. Public May 7, 2001.'The project am a Citizen of the United States and a Heating.Before the Was,reviewed by the on cityCouncil of the I sign Review Board 1, September 13, 2001, resident of the County aforesaid• I am City of Huntington with a recommendation / B each to the City Council:for over the age of eighteen years and not a Appeal filed by consideration and. final / Debbie Cook, Mayor action: -Location:,•,6972 party to or interested in the below Pro Tem, warner:Avenue;.JSWC of the Planning, of.Warner:Avenue and Commission's Goldewest Street)'- entitled matter. I am a principal clerk of Approval of, Project Planner: Amy CUP No. 00-58 Wolfe the HUNTINGTON BEACH INDEPENDENT a (Warner/Goldenwest NOTICE IS. HEREBY .Chevron Service GIVEN that Item #1 is newspaper of general circulation, printed Station) categorically exempt and published )n the City of Huntington NOTICE IS HEREBY from the provisions of GIVEN that on Monday, the California Beach, County of Orange State of ,p. sober h 2City at Council Environmental Quality p.m. in the City Council Act. / l Chambers, 2000 Main ON FILE: A copy of'the Street, Huntington proposed request is on California, and that attached Notice is a Beach, the City Council; file in the City Clerk's Of- true and complete copy as was printed will hold ll public hearing Hu Main. Street, n on the following planning; Huntington Beach; Cali- and published in the Huntington Beach and zoning items: tni 92648, for Acopy spec- 1. APPEAL OF THE lioio by by the public.A copy be and Fountain Valle issues of said PLANNING COAL ,of the staff report will ed MISSION'S APPROVAL available-to 'interested _ Y OF CONDITIONAL USE parties at', the City to wit the issue(s) of: PERMIT NO. 00-58 Clerk's Office after Fri- newspaper ,(WARNER/GOLDENW day, September 28, I EST CHEVRON 2001. SERVICE STATION): - ALL INTERESTED Applicant: RHL .Design PERSONS are invited to Group, ' .Inc./Larry attend said hearing,and. Tidball, 1201 S.•'Beach rexpress opinions or Boulevard; Suite #207, I submit evidence for or September 20, 2001 La Habra, CA 90631 Ap, against the appabove. yu ellant`. Debbie Cook, ,as outlined above. If you Huntington Beach i challenge the City Coun- Mayor Pro Tempore Re- cil's action in court, you quest`. Appeal of the may be limited to raising Planning Commission's only those issues you or approval to permit the someone else raised at I declare, under penalty of perjury, that construction and opera- the public. hearing de- lion of a service station. scribed in this the foregoing is true and correct. Conditional Use Permit respondence n wrdelivered cor- No. 00-58' represents a respondence delivered request to: a) demolish to the City at, or:prior to, the'existing service sta- the public hearing: If tion facility and permit there are any further construction of a service questions please call the station with a conee- Planning Department at Executed on September 20 2001 nience market, a free- 536-5271 and refer to standing gas pump I the above items. Direct at Costa Mesa, California. canopy, two (2) self- 'your written communica- serve pump islands with tions to the City Clerk. four (4) . dual-sided', Connie Brockway, pumps, two (2) under- City Clerk, ground storage tanks City of and-associated site im- Huntington Beach, i provements on a 22,500 2000 Main Street, sq. ft. corner lot; and b) 2nd' Floor, permit alcoholic 'Huntington Beach, �f beverage sales (beer California 92648 v/ and wine) for off-site (714) 536-5227. o on. The, Published Huntington project'was referred to Beach'Independent the Design Review September 20, 2001. Signature Board by the City Coun 093-295 _ril_at_their_meetinq of NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, October 1, 2001, at 7:00 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. 00-58 (WARNER/ GOLDENWEST CHEVRON SERVICE STATION): Applicant: RHL Design Group Inc. /Larry Tidball, 1201 S. Beach Boulevard, Suite # 207, La Habra, CA 90631 Appellant: Debbie Cook, Huntington Beach Mayor Pro Tempore Request: Appeal of the Planning Commission's approval to permit the construction and operation of a service station. Conditional Use Permit No. 00-58 represents a request to: a) demolish the existing service station facility and permit construction of a service station with a convenience market, a freestanding gas pump canopy, two (2) self-serve pump islands with four (4) dual-sided pumps, two (2) underground storage tanks and associated site improvements on a 22,500 sq. ft. corner lot; and b) permit alcoholic beverage sales (beer and wine) for off-site consumption. The project was referred to the Design Review Board by the City Council at their meeting of May 7, 2001. The project was reviewed by the Design Review Board on September 13, 2001, with a recommendation to the City Council for consideration and final action. Location: 6972 Warner Avenue (SWC of Warner Avenue and Goldenwest Street) Project Planner: Amy Wolfe 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 City Clerk's Office, 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 after Friday, September 28, 2001. 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 Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 \8� (g:1ega1s:01cc0507) a� 0 a R� CITY OF HUNTINGTON BEACH Inter Office Communication Planning Department TO: Connie Brockway, City Clerk FROM: Amy Wolfe, Associate Planner DATE: September 13, 2001 SUBJECT: PL01-16 (CUP 00-58/Warner Goldenwest Service Station) Please be advised that on September 13, 2001 Planning Department staff - updated the mailing labels which were provided by the applicant for the subject application, to reflect the most recent County Tax Assessor's property ownership roll information. l H:\WOLFEA\CUP00-58chevrongas\CClerkmemo.doc 0 CITY OF HUNTINGTON BEACH Inter Office Communication Planning Department TO: Connie Brockway, City Clerk FROM: Amy Wolfe, Associate Planner DATE: September 13, 2001 SUBJECT: PL01-16 (CUP 00-58/Warner Goldenwest Service Station) Please be advised that on September 13, 2001 Planning Department staff 4 updated the mailing labels which were provided by the applicant for the subject application,to reflect the most recent County Tax Assessor's property ownership roll information. H:\WOLFEA\CUP00-58chevrongas\CClerkmemo.doc CERTIFIED PROPERTY OWNERS' LIST AFFIDAVIT 1, Catherine MQ Dermott hereby certify that .the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assessment roll of the County within the area described and for a distance of feet from the exterior boundaries of property described as: ISO ^r �„ Date: ak 6/ .� (Signed) Y " Subscribed and sworn to Wore me this day of i Notary Pu c 300' OWNERS LIST PREPARED ON: 8117/00 APPLICANT/OWNER: APN 165 081 10 BY: CATHY MCDERMOTT CHEVRON USA SITE: CHEVRON OWNERSHIP LISTING SERVICE PO BOX 2292 909 699 8064 BREA CA 92822 DAT SOURCE: METROSCAN 7/00 ATTN JACKIE GINNIS REPRESENTATIVE: 1. 11101001 RHL DESIGN GROUP SCHOOL HUNTINGTON BEACH U 1201 S BEACH BLVD #207 10251 YORKTOWN AVE LA HABRA CA 90631 HUNTINGTON BCH CA 92646-2926 3. 142 253 17 J 2� 4. 14225324 5. 146 591 03 WILLIAM LANDIS WILL LA WARNER-WEST LTD 1901 AVENUE OF STARS#670 19fl1 V U S A #670 1453 3RD ST#490 LOS ANGELES CA 90067-6098 LOS N L A 9 67-6098 SANTA MONICA CA 90401 6. 14659104 7. 16508110 8. 16508117 BETTY CROUCH &M.WISE R S &JAN MINNICK BERNARD SAMS °A 16971 GOLDENWEST ST 12269 SKY LN 10490 WIL BLVD HUNTINGTON BCH CA -92647--5443 LOS ANGELES CA 90049-1410 LOS LES CA 90024-4646 9. 16508119 10. 165 081 20 Records Processed — 10 RALPHS GROCERY CO FRED LANE Dups screened 0 PO BOX 54143 2002 STRADELLA RD CRs Screened = 0 LOS ANGELES CA 90054-0143 LOS ANGELES CA 90077-2323 Bad addressess = 0 Labels produced - 10 146 591 04 165 081 17 William Wise Bemard Samson P.O. Box 52085 10490 Wilshire Blvd., Suite 1104 Phoenix,Az 85072-2085 Los Angeles,CA 90024-4648 Richard Loyd Tosco Corp145 S. State College Blvd PO Box 52085 Suite 400Brea, CA 92822 Phoenix, AZ 85072 2:142 253 16 William Landis /Boston West 222 S. Harbor Blvd Ste 300 Anaheim, CA 90067 0091S ao;aleldwal asil WlS4884S p80A y10OWS PUBLIC HEARING NOTIFICATION CHECKLIST"B" ` MAILING LABELS-March 26, 2001 G:Labels\Labels\Public Hearing President 1 Huntington Harbor 10 H.B. Chamber of Commerce P. O.Box 79 2100 Main Street,Suite 200 Sunset c ,CA 90742 Huntington Beach,CA 92648 Betty Jo Woollett 2 William D. Holman 11 Sue Johnson 16 Orange County Assoc. of Realtors PLC 19671 Quiet Bay- e 25552 La Paz Road 19 Corporate Plaza Drive Hun " each,CA 92648 Laguna Hills,CA 92653 Newport Beach CA 92660-7912 President 3 Mr.Tom Zanic 12 Edna Littlebury 17 Amigos De Bolsa Chica New Urban X est Gldn St. Mob.Hm. Owners Leag. 16531 Bolsa Chi eet,Suite 312 520 Broadway Ste. 100 11021 Magnolia Blvd. Huntin each,CA 92649 Santa Monica,CA 90401 Garden Grove,CA 92642 Sunset Beach Comm Assoc. 4 Pres.,H.B.Hist.Society 13 Pacific Coast Archaeological 18 Pat Thies,Pg.4nt C/O Newland House Museum Society,Inc. PO _ 15 19820 Beach Blvd. P.O.Box 10926 set Beach,CA 90742-0215 Huntington Beach,CA 92648 Costa Mesa,CA 92627 Attn:Jane Gothold President 5 Community Services Dept. 14 County of Orange/EMA 19 Huntington Beach Tomorrow . Chairperson Michael M.Ruane,Dir. PO Box 865 Historical Resources Bd. P.O.Box 4048 Huntington Beach,CA 92648 Santa Ana,CA 92702-4048 Julie Vandermost 6. Council on Aging 15 County of Orange/EMA 19 BIA-OC 1706 Orange � Thomas Mathews �9E,xecutive�14-67340C Hun ' n Beach,CA 92648 P. O.Box 4048 ine Santa Ana,CA 92702-4048 Richard Spicer 7 Jeff Metzel 16 Planning Department 19 SCAG Seacliff HO Orange County EMA 818 7th, 12th Floor 1939 adv Harbor Circle P.O.Box 4048 Angeles,CA 90017 Huntington Beach,CA 92648 Santa Ana,CA 92702-4048 E.T.I.Corral 100 8 John Roe 16 County of Orange/EMA, 19 Mary Bell Seacliff HOA Tim Miller 20292 twood Cir. 19382 Su ane P.O.Box 4048 H gton Beach,CA 92646 H gton Beach,CA 92648 Santa Ana,CA 92702-4048 Frank Caponi 9 Lou Mannone 16 Planning Dir. 20 Environmental Board Chairman Seacliff HOA City of Costa Mesa 6662 Glen Drive 19821 ean Bluff Circle P.O.Box 1200 Huntington Beach,CA 92647 Huntington Beach CA 92648 Costa Mesa,CA 92628-1200 CITY COUNCILlREDEVELOPMENTAGENCY PUBLIC HEARING REQUEST SUBJECT: �' � �- ^���?-•��s�t,1�ErJ��.'�s"�. L U� Ca(1 V •DEP T11MM: COf ' ACT: /� `�� Y l�U L�L PHONE: /A )MS NO Is the notice attached? Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) O Are the date,'day and time of the public hearing correct? i ( ) ( ) If an appeal,3s the appecant's name included in the notice? ( ) ( ) If Coastal Development Permit,does the notice include appeal Ianguage? ( ) ( ) Is there an Environmental Status to be approved by Council? ( ( ) ( ) Is a map attached forpubliczdon? ( ) ( ) Is a larger ad required? Size is the verification statement attached indicating the source and accuracy of the A •'. mailing list?j ( ) ( ) Are the applicant's name and address part of the madiag labels? lie C Are the appecaes name and address part of the marling labels? VXPA (' ) ( ) If Coastal Development Permit,is the Coastal Commission part of the manias labels? ► - ( ) ( � If Coastal Development Per=14 are the resident labels attached? ( )• ( ,) Is the Report 33433 attached? (Economic Development Dept.items only) PIeas complete the following. 1. Miaim=days from publication to hearing date ro 2. Number of tuna to be published 3. Number of days between publications 21 Connie Brockway, City Clerk City of Huntington Beach "` " `• Office of the City Clerk P.O. Box 190 V V �� \..�► ;� Y ter, ^� . Huntington Beach, CA 92648 t+••�JS 2.142 253 16 William Landis /Boston West 222 S. Harbor Blvd Ste 300 WGI` Anaheim, CA 90067 Q =�twtroSA,,o C4 9 � Q . . �� NTV Ca�� LEGAL NOTICE- PUBLIC HEARING 4'C.?•,;,J��,'+:f ..j '�LB��o f�Ut1? II11111t�1'Ilt't�Illttlll111111111111I t tilt fill 11t 111111111111 (12) May 7, 2001 Council/Agency Agenda - Page 1;L D-2. (City Council) Public Hearing to Consider Appeal Filed by Mayor Pro Tern Debbie Cook of the Planning Commission's Approval of Conditional Use Permit No. 00-58 (s/w Corner of Warner Avenue/Goldenwest Street Chevron Service Station) Applicant Jim Forgey, RHL Design Group, Inc. and Steve Minnick (420.40) Communication from the Planning Director. . Public hearing to consider the following: Applicant: Jim Forgey, RHL Design Group Inc., 1201 S. Beach Blvd., Suite No. 207, La Habra Appellant: Debbie Cook, Huntington Beach Mayor Pro Tempore Request: Appeal of the Planning Commission's approval to permit the construction and operation of a service station. Conditional Use Permit No. 00-58 represents a request to: a) demolish the existing service station facility and permit construction of a service station with a 2,045 sq. ft. convenience market, a freestanding gas pump canopy (24-ft. high by 38-ft. wide by 52-ft. long), two (2) self-service pump islands with four(4) dual- sided pumps, two (2) underground storage.tanks and associated site improvements on a 22,500 sq. ft. corner lot; and b) permit alcoholic beverage sales (beer and wine) for off- site consumption. Location: 6972 Warner Avenue (s/w corner of Warner Avenue and Goldenwest Street) Environmental Status: This Agenda Item 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 City Clerk's Office,2000 Main Street,Huntington Beach,California 92546,for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after Friday,May 4,2001. 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 714-536-5271 and refer to the above items. Direct your written communications to the City Clerk. 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input,close public hearing Recommended Action: Motion to: A. PLANNING COMMISSION RECOMMENDATION: Motion to: Approve Conditional Use Permit No. 00-58 with findings.and conditions of approval (ATTACHMENT NO. 1). OR B. STAFF RECOMMENDATION: Motion to: Deny Conditional Use Permit No. 00-58 with findings for denial (ATTACHMENT NO. 2). [Refer to the Design Review Board for recommendation back to Council for an improved architectural project— 5-2 (Boardman, . Dettloff No] - v CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - TO: Ray Silver, City Administrator FROM: Elaine Kuhnke, Administrative AnalystC/' DATE: July 11, 2001 SUBJECT: OUTSTANDING CITY COUNCIL FOLLOW-UP ITEMS Listed below are 13 outstanding follow-up items requested by the City Council from previous city council meetings. This list does not contain any follow-up items from last night's meeting. Please advise if any of these items are no longer required and may be " removed from the list. Thank You. Meeting Council Action Dept Head Date: Member 1. 1-18-00 Garofalo Poindexter Memorial—CSC recommendation—report to Hagan council by 7/01 2. 10-2-00 Houchen Plan a summit meeting regarding urban run-off issues with Silver other jurisdictions (no date assigned) 3. 11-20-00 Garofalo Method of reviewing legislative consultants on an annual Workman basis-report back to council (no date assigned) 4. 1-16-01 Houchen Formation of Ad Hoc committee and policy regarding use of . . Lowenberg. city jail and facilities—report to council by 5101 5. 1-16-01 Houchen . Tree Master Plan Report—report to council by 8/01 Beardsley 6. 2-5-01 Barnard Televising of all study sessions/meetings regarding Barnard redevelopment—report to council by 8/20/01 7. 3-5-01 Houchen Recommendations regarding animal care services—report to Workman council by 6/01 8. 3-19-01 Hagan Status of Simple Green Demonstration Project—report to Hagan council by 9/01 . 9. 5-7-01 Bauer Chevron Station Landscaping(PCH/6 ) & station at Beardsley/ Springdale/Edinger Zelefsky 10. 6-4-01 Bauer Fencing of Vacant Lots—report to council (no date assigned) Zelefsky I L. 6-4-01 Garofalo Swimming Pool Safety Issues—report to council (no date Crammer assigned) 12. 6-18-01 Council Opinion regarding Legal right to appeal Rule 1309.1 (no date Hutton assigned) 13. 6-18-01 Garofalo Identify process for reporting council absences -report to -Hutton/ Council (no date assigned) Brockway I Xc.. Bill Workman Dept Heads 1 .. ti (13) May 7, 2001 Council/Agency Minutes - Page 13 (City Council) Public Hearing - Considered Appeal Filed by Mayor Pro Tem Debbie Cook of the Planning Commission's Approval of Conditional Use Permit No. 00-58 (s/w Corner of Warner Avenue/Goldenwest Street Chevron Service Station) Applicant Jim Forgey, RHL Design Group, Inc. and Steve Minnick— Project Referred to the Design Review Board for Recommendation Back to Council on a Date Uncertain of an Improved Architectural Product (420.40) Mayor Julien Houchen announced that this was the time scheduled for a public hearing to consider the following: Applicant: Jim Forgey, RHL Design Group Inc., 1201 S. Beach Blvd., Suite No. 207, La Habra Appellant: Debbie Cook, Huntington Beach Mayor Pro Tempore Request: Appeal of the Planning Commission's approval to permit the construction and operation of a service station. Conditional Use Permit No. 00-58 represents a request to: a) demolish the existing service station facility and permit construction of a service station with a 2,045 sq. ft. convenience market, a freestanding gas pump canopy (24-ft. high by 38-ft. wide by 52-ft. long), two (2) self-service pump islands with four(4) dual-sided pumps, two (2) underground storage tanks and associated site improvements on a 22,500 sq. ft. corner lot; and b) permit alcoholic beverage sales (beer and wine) for off-site consumption. Location: 6972 Warner Avenue (s/w corner of Warner Avenue and Goldenwest Street) Environmental Status: This agenda item is categorically exempt from the provisions of the California Environmental Quality Act. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Planning Director Howard Zelefsky presented a PowerPoint slide report that had been announced earlier by the City Clerk as a Late Communication. The communication is titled Appeal of Conditional Use Permit 00-58— Chevron Station 6972 WarnerAve. Planning Director Zelefsky furnished the rationale for the staff recommendation of what is described as a "reverse layout"—convenience store in front; the pump islands in the rear- as opposed to the Chevron Company's traditional design for its gas stations: 1. Staffs reverse layout design fits on site; 2. Nine cities that have this type of requirement with no evidence of increased crime in having the building located close to a corner; 3. Chevron can achieve design requirements without economic hardship; and 4. Urban Design Guidelines are specific for the community for future developments, and are not just"mainly guidelines." Director Zelefsky informed Council that this is the first project analyzed relative to Urban Design Guidelines. Mayor Pro Tern Cook prefaced the public hearing by stating that the guidelines are a result of many hours of community input and consultation; residents do not want to settle for mediocrity. (14) May 7, 2001 Council/Agency Minutes - Page 14 She stated that the developer is bringing in "canned" drawings. Mayor Pro Tern Cook informed that her purpose for having filed the appeal is so that other developers will not be of the opinion that the city does not support good architecture that is aesthetically pleasing. Mayor Julien Houchen declared the public hearing open. Prior to naming the public speakers the City Clerk restated for the record the following Late Communication announced earlier that pertains to this hearing: The communication is the PowerPoint slide report presented by Planning Director Zelefsky titled Appeal of Conditional Use Permit 00-58— Chevron Station 6972 Warner Ave. Richard Loyd, Chevron Products Company representative, informed Council that Chevron is proposing a traditional, while staff is recommending a reverse layout for the gas station project. He stated that the most important goal is to be guided by the Urban Design standards, which is still being done. Mr. Loyd stated that Chevron met 98 out of 114 design elements, and that 16 that had not initially been met have since exceeded the requirements. He presented a slide report and spoke relative to the overall design scheme, pointing to compatibility with colors and materials in the area. Mr. Loyd spoke regarding safety issues, citing the economic health of the center. Arden Beavers informed Council that he is a retired Police Sergeant who lives near the proposed site of the gas station. Mr. Beavers spoke in opposition to a reverse layout design for safety reasons. He stated that an officer patrolling at night cannot see in from the street because either his visual field would be blocked or there are no windows. In addition, he said that a drive-by cannot be conducted. Mr. Beavers urged approval of Chevron building a traditional layout gas station. Bruce Ramm, Law Enforcement Relations, spoke in support of the Chevron Products Company proposal for a traditional layout. He stated that the concept described by one of the previous speakers of the relationship between the "built environment and criminal opportunity" is not a new theory, but one used in pre-construction projects and in community policing. Mr. Ramm cited as an example a Ralphs Center in the City of Orange that is situated in a high-activity level area that he believes is not conducive to violent crime. Larry Tidball, Architect for Chevron Company Products, elaborated on what the previous speaker, Mr. Ramm referred to as the "elements of visibility." He spoke in opposition to the staff's suggestion of placing windows to the rear of the building, stating that this setup does not allow for a storage room. Mr. Tidball expressed the belief that the reverse layout is not workable; that it only fits on a larger piece of property that has been integrated into the construction site from the very beginning. Mayor Pro Tern Cook referred to a drawing that had been placed before the podium, inquiring if it is a specific design of the proposed auto service station. Mr. Tidball confirmed after it was pointed out to him by Mayor Pro Tern Cook that the rendering shows a car wash adjacent to the gas station; therefore it was not. Richard Harlow spoke regarding what he considered to be significant issues related to the applicant being in compliance with the General Plan, as well as the Urban Design Guidelines. He stated that the major areas of disagreement are in building design and orientation, and that there is concurrence for a review— including one by the Design Review Board - of landscaping (15) May 7, 2001 Council/Agency Minutes - Page 15 concerns. Mr. Harlow related the Planning Commission's long deliberation of the issues. He informed Council that the reason for the setback is that the site is at the intersection of two major arterial highways. Referring to a diagram on the wall, Mr. Harlow spoke in opposition to the reverse layout design for reasons of safety. He stated that the landscaping reflected, which is the property of the shopping center, could screen activity taking place at the gas station site. Ed Kerins, Design Review Board (DRB) member, informed.Council of the makeup of the board, stating that it includes business owners in the community. Mr. Kerins said that upon hearing of the appeal, the DRB is going to review again. Mr. Kerins stated his disapproval of a past affiliation between Chevron and the Huntington Beach Company that he believes to have resulted in the generation of unacceptable design concepts. Councilmember Garofalo expressed the concern that the corporate persona had been placed under attack. He cited several projects in the community that he considers to be outstanding, among them the Beachwalk Condominium Complex and the Seacliff Shopping Center. There were no persons present to speak further on the matter and there were no further protests filed, either written or oral. The hearing was closed by the Mayor. Councilmember Dettloff spoke regarding the Council position to fulfill a commitment to a quality community with improved: 1.) city streetscapes, 2.) architectural buildings, and 3.) landscaping designs. Councilmember Dettloff informed Council of her hesitancy to vote at this evening's meeting. She stressed the importance of the location of the gas station, stating that many people going to the beach cross that intersection. Councilmember Dettloff expressed the belief that the city is at a disadvantage due to build-out, and should take every opportunity for improvement. She spoke in favor of the reverse layout, stating that many cities have executed the design successfully and have written it into code. Councilmember Dettloff identified Chevron as one of the largest corporate leaders and urged the company as a partner of Huntington Beach to come back with something that is pleasing. Mayor Pro Tern Cook initiated a discussion of the conditions of approval. Planning Director Zelefsky stated that they would require modification in consideration of the staffs alternative reverse layout, since the review had been conducted using a traditional prototype. He referred to the DRB review listed as Condition H on pages D-2.14 and .15 of the staff report. Police Chief Ronald Lowenberg responded to Council inquiries relative to the reverse design concept and safety issues. He referred to pages D-2.82 through .84 of the staff report, which is a communication from Jan Thomas of Starling Thomas Concepts, the CPTED (Crime Prevention Through Environmental Design) Consultant from the Police Department. Chief Lowenberg stated that he has complete confidence that the recommendations Ms. Thomas has set forth are correct and that either design is acceptable to the Police Department. Police Chief Lowenberg referred to page D-2.83, stating that the issue regarding the escape route has not been addressed by Chevron. He informed Council of his opinion that with the city reverse layout plan, the opportunity for the escape of a suspect is significantly reduced. I (16) May 7, 2001 Council/Agency Minutes - Page 16 Councilmember Bauer expressed a number of concerns, including: 1. Accountability for the maintenance of landscaping: Planning Director Zelefsky responded that if not met, it would be a code violation issue. 2. Percentage of landscaping required: Director Zelefsky stated that it is within the purview of the Public Works Department to decide and approve. 3. The need for landscaping Springdale Street and Heil Avenue. .4. Staffs rationale for a reverse layout orientation: Director Zelefsky reasoned that the goal for having the service bays hidden in the rear is to provide a much nicer look for the corner of the intersection. 5. Safety issues relating to cash supply on hand: Chief Lowenberg related having seen a decrease in armed robberies in great part due to the advent of ATMs, credit cards and debit cards. 6. Good architecture achieved through a traditional design: Director Zelefsky answered in the affirmative, but stated that in this instance, he and the other members of the Design Review Board are not of the opinion. Councilmember Bauer informed Council that he is not compelled to believe that the reverse layout is necessarily better and is not ready to vote, pending his review of acceptable renderings. He stated that he would consider a conventional layout, as long as there is a plan. for landscape maintenance. Councilmember Bauer stated that he is looking for a mechanism for postponing and stressed the importance of good sight lines at street corners as a safety factor. Councilmember Green concurred with Councilmember Bauer that good architecture is a variable and finds that he is in favor of the Planning Commission's recommendation due to safety and security reasons. Councilmember Garofalo stated that the challenge is to send the project back to the Design Review Board, and that he is assured that at least one member, namely Mr. Ed Kerins, will scrutinize it closely. Councilmember Garofalo stated that the sales tax generated by gas stations in Huntington Beach is high and in competition with other businesses. He urged Council to hold the corporations accountable to bring forward the best design concept possible. Councilmember Garofalo referred to page D-2.5 of the staff report on Site Planning, that in regard to frontage that creates a visual relationship to streets and sidewalks, he finds no "pedestrian connectivity" in Chevron's proposed design other than presenting a visual obstacle to the surroundings. Chevron representative Richard Harlow responded to Council inquiries regarding the company's design as meeting and exceeding the 12% landscape requirements. He spoke regarding visibility through the back windows, citing page D-2.82 of the staff report. Mr. Harlow offered that if the architecture is inadequate, the design will go back to the DRB; moreover, Councilmember Bauer's concerns are going to be addressed. Mayor Pro Tern Cook moved to amend the recommended action to refer the project to the Design Review Board with a return to Council. Councilmember Boardman seconded the motion to amend. r (17) May 7, 2001 Council/Agency Minutes - Page 17 Councilmember Dettloff spoke in opposition to a "cookie-cutter" type of design and stated that she will not support a motion to approve the project. Further discussion ensued following Planning Director Zelefsky's clarification of the motion, which ascertained that the traditional layout is the only design being considered. Councilmember Boardman stated that she will not support the amended motion since the reverse layout design is not being considered. Councilmember Boardman withdrew her second to the motion on the table. Councilmember Garofalo seconded the motion made by Mayor Pro Tern Cook. Planning Director Zelefsky verifed in response to the City Clerk's inquiry that the public hearing is going to be re-noticed. Councilmember Bauer suggested if the traditional design is not deemed appropriate, Council at the re-noticed public hearing can consider the reverse layout when the item is discussed again after the Design Review Board returns with the revisions. A motion was made by Cook, second Garofalo to refer the proposal to the Design Review Board for an improved architectural project recommendation back to Council at a re-noticed public hearing. The motion carried by the following roll call vote: AYES: Green, Cook, Julien Houchen, Garofalo, Bauer NOES: Boardman, Dettloff ABSENT: None (City Council) Administrative Public Hearing to Hear Protests Regarding Weed Abatement— Rubbish and Refuse Abatement (520.80) Mayor Julien Houchen announced that this was the time scheduled for a public hearing to hear objections and protests to the proposed removal of weeds, rubbish, and refuse upon certain streets, sidewalks, parkways, and private property in the city. This hearing is held pursuant to Resolution No. 2001-6 adopted March 5, 2001. This agenda item is an administrative public hearing. An administrative hearing is required by Huntington Beach Municipal Code.1.18. Only properly owners are entitled to speak at an administrative hearing. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. The City Council considered a communication from the Public Works Director. Public Works Director Beardsley presented a brief PowerPoint slide presentation that had been announced earlier by the City Clerk as a Late Communication. The report is titled Annual Weed, Rubbish and Refuse Abatement Program and furnishes the program timeline for the administrative public hearing. Councilmember Boardman expressed the concern that a public speaker lodged a complaint regarding a lot on 21 st Street that had not been identified on the matrix found in the staff report listing affected properties. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 14, 2001 RHL Design Group, Inc. Attn: Jim Forgey 1201 S. Beach Blvd., Suite 207 La Habra, CA 90631 Dear Mr. Forgey: The City Council of the City of Huntington Beach at its regular meeting held Monday May 7, 2001 took action on the following Public Hearing: To Consider Appeal Filed by Mayor Pro Tern Debbie Cook of the Planning Commission's Approval of Conditional Use Permit No. 00-58 (s/w Corner of Warner Avenue/Goldenwest Street Chevron Service Station) Applicant Jim Forgey, RHL Design Group, Inc. and Steve Minnick The City Council of.the City of Huntington Beach approved the referral of the above item to the Design Review Board [5-2 (Boardman, Dettloff No)]for recommendation.for an improved architectural project. This public hearing item will return before the City Council following re- advertisement and re-notification—date to be determined. Page 12 of the May 7, 2001 City Council action agenda is enclosed. If you have any questions regarding this matter, please Gontact my office at (714) 536-5227. Sincerely, , Connie Brockway, CIVIC City Clerk Enclosure cc: Amy Wolfe,Associate Planner g:/fol I owup/appeal/d ecision.doc (Telephone:714-536-5227) ` (12) May 7, 2001 Council/Agency Agenda -Page 12 D-2. (City Council) Public Hearing to Consider Appeal Filed by Mayor Pro Tem Debbie Cook of the Planning Commission's Approval of Conditional Use Permit No. 00-58(s/w Corner of Warner Avenue/Goldenwest Street Chevron Service Station) Applicant Jim Forgev. RHL Design Group, Inc. and Steve Minnick (420.40) Communication from the Planning Director. Public hearing to consider the following: Applicant: Jim Forgey, RHL Design Group Inc., 1201 S. Beach Blvd., Suite No. 207, La Habra Appellant: Debbie Cook, Huntington Beach Mayor Pro Tempore Request: Appeal of the Planning Commission's approval to permit the construction and operation of a service station. Conditional Use Permit No. 00-58 represents a request to: a) demolish the existing service station facility and permit construction of a service station with a 2,045 sq. ft. convenience market, a freestanding gas pump canopy (24-ft. high by 38-ft. wide by 52-ft. long), two (2) self-service pump islands with four(4) dual- sided pumps, two (2) underground storage tanks and asspciated site improvements on a 22,500 sq. ft. corner lot; and b) permit alcoholic beverage sales (beer and wine)for off- site consumption. Location: 6972 Warner Avenue (s/w comer of Warner Avenue and Goldenwest Street) Environmental Status: This Agenda Item 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 City Clerk's Office, 2000 Main Street, Huntington Beach, California 92546,for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after Friday, May 4, 2001. 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 714-536-5271 and refer to the above items. Direct your written communications to the City Clerk 1. Staff report - 2: City Council discussion 3. Open public hearing 4. Following public input, close public hearing Recommended Action: Motion to: A. PLANNING COMMISSION RECOMMENDATION: Motion to: Approve Conditional Use Permit No. 00-58 with findings and conditions of approval (ATTACHMENT NO. 1). OR B. STAFF RECOMMENDATION: Motion to: Deny Conditional Use Permit No. 00-58 with findings for denial (ATTACHMENT NO. 2). [Refer to the Design Review Board for recommendation back to Council for an improved architectural project- 5-2 (Boardman, Dettloff No] r� Council/Agency Meeting Held: 65-67--0) Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied ]� Ci erk's i nature Council Meeting Date: May 7, 2001 Department ID Number: PL01-16 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION x c z SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER,! � c� z �o 4 'r+; SUBMITTED BY: RAY SILVER, City Administratora?W J =-<�< PREPARED BY: HOWARD ZELEFSKY, Director of Planning rnCMM SUBJECT: DENY CONDITIONAL USE PERMIT NO. 00-58 (Chevron Savice Station at the SWC of Goldenwest St. and Warner Aver 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 Pro Tern Debbie Cook of the Planning Commission's approval of Conditional Use Permit No. 00-58. The application represents a request by Jim Forgey (RHL Design Group Inc.) to: a) demolish the existing service station and construct a new facility with a 2,045 sq. ft. convenience market and associated site improvements on a 22,500 sq. ft. project site; and b) permit the sale of alcoholic beverages (beer and wine) for off-site consumption. The appeal is based on the need to evaluate the project's consistency with General Plan land use goals, objectives and policies to achieve high quality design and conformance with the Urban Design Guidelines. The Planning Commission conditionally approved the request and is recommending approval (Recommended Action - A) because the Planning Commission found the project to be consistent with the General Plan goals for high quality planning and architecture and the design of the buildings and site layout conforms to the Urban Design Guidelines. The Planning Commission did review and consider a staff alternative site layout (reverse design). The Planning Commission did not find the alternative layout of orienting the building along the street frontage conducive due to visibility constraints and safety reasons. ►� REQUEST FOR ACTION MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PLO1-16 Staff recommended denial of the project to the Planning Commission and is recommending that the City Council deny the request (Recommended Action - B) because the proposed project does not achieve the optimum site planning and architectural design as envisioned by the General Plan and the Urban Design Guidelines. The development is inconsistent with General Plan goals for high quality site planning and building design which encourages the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. In addition, the proposed design does not conform to the Urban Design Guidelines for placement of buildings at service station sites. The guidelines recommend that site design for corner lots convey a strong link to the street or corner; the screening of gas pump canopies by the main building; and orienting the main building towards or along the street frontage (reverse design layout). Funding Source: Not applicable. Recommended Action: A. PLANNING COMMISSION RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 00-58 with findings and conditions of approval (ATTACHMENT NO. 1)." Planning Commission Action on March 13, 2001: A MOTION WAS MADE BY KERINS TO DENY CONDITIONAL USE PERMIT NO. 00-58 WITH FINDINGS. MOTION FAILED DUE TO LACK OF SECOND THE MOTION . MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 00-58, WITH MODIFIED FINDINGS AND CONDITIONS FOR APPROVAL (ATTACHMENT NO. 1) TO INCLUDE PROHIBITION OF ALCOHOL SALES BETWEEN THE HOURS OF 12:00 A.M. TO 6:00 A.M. CARRIED BY THE FOLLOWING VOTE: AYES: HARDY, KOKAL, LIVENGOOD, MANDIC, SHOMAKER, SPEAKER NOES: KERINS ABSENT: NONE ABSTAIN: NONE MOTION PASSED PL01-16.doc -2- 4/25/01 11:57 AM REQUEST FOR ACTION MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PL01-16 B. STAFF RECOMMENDATION: Motion to: "Deny Conditional Use Permit No. 00-58 with findings for denial (ATTACHMENT NO. 2)." Alternative Action(s): The City Council may make the following alternative motion(s): A. "Approve Conditional Use Permit No. 00-58, direct the applicant to redesign the project in accordance with Staffs Alternative (reverse design layout) and forward the project to the Design Review Board." B. "Continue Conditional Use Permit No. 00-58 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: Jim Forgey, 1201 S. Beach Boulevard, Suite # 207, La Habra, CA 90631 Location: 6972 Warner Avenue (SWC of Warner Avenue and Goldenwest Street) Conditional Use Permit No. 00-58 represents a request to: A. To demolish the existing service station facility and permit construction of a service station with a 2,045 sq. ft. convenience market, a freestanding gas pump canopy (24-ft. high by 38-ft. wide by 52-ft. long), two (2) self-serve pump islands with four (4) dual- sided pumps, two (2) underground storage tanks and associated site improvements on a 22,500 sq. ft. corner lot. B. To permit alcoholic beverage sales (beer and wine) for off-site consumption. The project site is located at the southwest corner of Warner Avenue and Goldenwest Street. The property was formerly used as a Chevron service station and is currently undergoing soil remediation. All existing structures on site are proposed to be demolished. The applicant indicates that the proposed station is designed to reflect Chevron's latest design standards. The service station will include a convenience store (Extra Mile Market), a detached canopy, four (4) dual-fueling dispensers, two (2) underground storage tanks, a trash enclosure, an air and water unit, public pay phones, and landscape and parking areas. Customers using credit/ATM cards will be able to pay for purchases directly at the pump. PL01-16.doc -3- 4/25/01 11:57 AM REQUEST FOR ACTION MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PL01-16 Products sold at the convenience market will include various food (snacks, pre-packaged foods, etc.) and beverage items including alcoholic beverages for consumption off-site.. The service station will be open 24 hours a day, seven days a week. There will be three (3) shifts daily with a maximum of three (3) employees per shift. The applicant indicates that the request is necessary (see Attachment No. 4) in order to provide a safe, clean, and a well-managed facility that will contribute to the shopping convenience of City residents and visitors. B. PLANNING COMMISSION MEETING AND RECOMMENDATION FOR APPROVAL: The proposed development was scheduled for the January 23, 2001 Planning Commission but was continued to the February 27, 2001 meeting upon the applicant's request. The applicant requested the continuance in order to further review and resolve site and design issues. On February 27, 2001, the applicant submitted a revised development proposal that eliminated the landscape planter width variance at the corner of the parcel and modified the planter width variance along Warner Ave. and Goldenwest St. The Planning Commission continued the February 27' meeting to March 13, 2001 and directed staff to obtain additional information. The continuance allowed staff to: a) review the re-submitted plans; b) obtain information on safety concerns regarding the placement of the building at the corner; and c) contact Urban Design Studio (consultant for the City's Urban Design Guidelines) regarding staffs alternative layout. Subsequent to the February 27, 2001 meeting, the applicant submitted. a revised site plan indicating compliance with all applicable landscaping standards. On March 13, 2001 the Commission heard public testimony by seven persons representing the applicant who spoke in favor of the proposed project. The applicant and his representatives indicated that visibility and safety are of paramount importance and opposed the reverse design layout (building at the street corner) due to inadequate visibility into the service station. The Huntington Beach Police Department stated that the staff alternative layout (reverse design) provides ample visibility to the service station from the commercial center to the south as well as from Goldenwest Street and Warner Avenue. Furthermore, the proposed large window areas along the exterior building walls contribute towards deterring criminal activity. The Commission did not find the alternative layout of orienting the building along the street frontage conducive due to visibility constraints and safety reasons. The Planning Commission placed conditions on the project requiring that the Design Review Board review the project and prohibited alcoholic beverage sales between the hours of 12:00 p.m. - 6:00 a.m. PL01-16.doc -4- 4/25101 11:57 AM REQUEST FOR ACTION MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PL01-16 C. APPEAL: On March 22, 2001 Mayor Pro Tern Debbie Cook appealed the Planning Commission's action (ATTACHMENT NO. 5) citing the following reason: "The proposal should be reviewed by the City Council in order to determine if the subject development is in compliance with pertinent land use goals objectives and policies of the General Plan regarding achieving high quality design and whether it is consistent with the citywide Urban Design Guidelines." D. APPEAL - STAFF ANALYSIS AND RECOMMENDATION: The primary issues to consider when reviewing the proposed project and the appeal is conformance with the General Plan and Urban Design Guidelines. A complete project analysis is provided for your review in the attached Planning Commission staff reports (see Attachment No. 6). An additional issue for consideration is safety and its relationship to the design and layout of the buildings. An analysis of these issues and a proposed staff alternative is also provided for your consideration. Site Planning The proposed project is located at the intersection of a major urban scenic corridor (Warner Ave.) and a minor scenic corridor (Goldenwest St). The General Plan goals and policies promote high quality design and distinctive character for all commercial development. Specifically the General Plan advocates the siting and design of buildings in proximity to the street frontage to create a visual relationship to streets and sidewalks. In addition, the Urban Design Guidelines for General Commercial and Special Consideration/ Service Station Uses recommends the placement of buildings on corner and mid-block parcels in a manner that establishes a strong tie to the street frontage and corner. The guidelines promote buildings with angled corners or plazas at corner locations. Furthermore, the guidelines recommend that gas-pump canopies should be screened by the main building and not be oriented along the street frontage. The intent is to foster developments that enhance the City's unique identity and individual City district character; contribute to a positive City image along scenic corridors; stimulate investment and strengthen the economic vitality of the City; and maintain and protect the value of property. This is particularly applicable to service station facilities because they occupy sites at most major intersections in the City and have the potential to negatively impact the visual quality of the streetscape. The applicant's proposed site plan complies with Huntington Beach Zoning and Subdivision Ordinance requirements including setbacks, landscaping and parking standards but features the stereotypical franchise service station concept. This concept places the gas-pumps and PL01-16.doc -5- 4/25/01 11:57 AM REQUEST FOR ACTION MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PL01-16 canopy area along street frontages and the main building towards the back of the parcel. The applicant's proposed site layout is not consistent with the General Plan and Urban Design Guidelines which encourages-the placement of the proposed building at the corner or along street frontages to screen the canopy and pump islands. Placement of buildings along street frontages, screening of auto oriented activities, and high quality site-specific architecture represent some of the most important concepts in the Urban t Design Guidelines. In concert, they represent a "smart development" principle which is intended to bring back detailed, human scaled development to commercial streets and make them attractive, convenient and safe for motorists and pedestrians alike while accommodating parking and auto oriented activities necessary for commercial viability. The City's consultant for the Urban Design Guidelines, Urban Design Studio/RBF, has reviewed the applicant's proposed project and the staff alternative. The consultant indicates that staffs alternative (reverse design) is consistent with site planning and crime prevention concepts encouraged in the Urban Design Guidelines and with current planning trends. In August 1998, similar site planning guidelines were adopted by the City of Tustin (see Attachment No. 10). The City's consultant believes that staffs alternative represents one of the most up-to-date designs in terms of building placement which successfully addresses aesthetic and security factors associated with good planning practice. The applicant's site plan does not represent the optimum design and the project can be re- designed (Attachment No. 8) in conformance with the General Plan and Urban Design Guidelines. Architecture The Urban Design Guidelines encourage site-specific architectural design. Corporate or franchise design solutions are strongly discouraged. All structures on a development site are recommended to be designed in an architecturally consistent manner that relates to the overall architectural theme. Staff research on the issue of service station and convenience market architecture indicates that projects that are customized to individual sites do not come across as prototypical and image-wise make a strong positive statement. The proposed prototype mini=market structure is proposed to be screened by the gas-pumps and canopy structure and exhibits an ordinary "convenience store" appearance. Although the building design includes quality materials and colors, roof cornice details, and trellis elements along the sides of the structure, it neither reflects a significantly new or innovative design nor projects a unique building character. In addition, the building and canopy design do not fully relate in terms of architectural theme. On March 5, 2001, staff met with the applicant and discussed the issues of site planning and architecture. The applicant indicated that minor architectural modifications to the PL01-16.doc -6- 4/25/01 11:57 AM REQUEST FOR ACTION MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PL01-16 convenience store and gas pump canopy might be acceptable. The Planning Commission's recommended conditions of approval includes a condition that refers the development proposal to the Design Review Board (DRB). The condition recommends the evaluation of the building entry design, architectural treatment of the rear building elevation, gas-pump canopy design, gasoline brand identity features, fenestration, pedestrian access and walkways, driveway hardscape treatment, landscape screening, site and building lighting, and building materials and colors. Crime Prevention Through Environmental Design (CPTED) One of the major points of discussion at the Planning Commission was the effect of the building's location as it pertains to visibility and safety. Staff researched other cities to find locations of service stations with the reverse layout design. The research indicates that such layouts have been built in the cities of Dana Point, Irvine, Mission Viejo and Tustin. In the County of San Diego they have been built in the cities of Carlsbad, San Diego and Chula Vista. The Commission asked staff to research whether the location of the building at the corner lends itself to an increase in crime. Staff contacted the cities that have reverse layout designs to see if any statistics are kept on the issue of crime and building location. The research indicates that no specific statistics are kept for this issue. However, the cities did note that no additional criminal activity could be directly attributed to the siting of the building at the corner. Staff specifically spoke to the Police and Planning Department staff at the aforementioned cities to find out if an increase in crime has been experienced at those sites due to the location of the building. The information provided by these cities indicates that no such increase has taken place. In fact some have expressed an opinion that service stations with a reverse layout design were successful and effective in deterring criminal activities and endorsed the reverse layout design concept. Throughout this process, staff has worked with the Police Department on the placement of the building to optimize visibility and eliminate or reduce issues of safety. The Police Department has analyzed the applicant's proposal in terms of project visibility from adjoining areas and safety. The Department indicates (see Attachment No. 9) that the plan provides visibility into the service station and convenience store for passerbys on Goldenwest Street and Warner Avenue. However, the plan does not allow for neighboring businesses and customers of the commercial center to "passively survey" the facility. Furthermore it has been concluded that the placement of the convenience store at the interior corner of the site has disadvantages in terms of crime prevention. This is because the back side of the building creates areas hidden from view that lend themselves as escape routes that are preferred by criminals. The Huntington Beach Police Department also analyzed the staffs alternative layout (see Attachment No. 8) in terms of project visibility from adjoining areas and safety. Their report indicates that the plan provides ample opportunity for visibility to the service station from the commercial center to the southwest, as well as passerbys, motorists and police on PL01-16.doc .7- 4/25/01 12:06 PM REQUEST FOR ACTION MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PL01-16 Goldenwest Street and Warner Avenue. The Huntington Beach Police Department inspected a Chevron service station facility in the City of Dana Point that utilizes a similar layout suggested by staff. The inspection revealed that the design and window placement was adequate to see into the store from the adjacent streets. In addition it was noted that the placement of multiple windows along the exterior building positively contribute towards deterring criminal activity. Staff Alternative Staff is recommending the placement of the mini-market building adjacent to the Warner/Goldenwest intersection in order to create a direct visual and physical linkage to the street frontage. In addition, the mini-market building should be angled at the corner in order to enhance the appearance of the facility and the landscaping at the intersection (see Attachment No. 8). Photographs are attached of a "reverse layout" designed Chevron station in the City of Dana Point. This design utilizes the above mentioned design elements. Photographs of "conventional' service stations are also provided for comparison and reference (see Attachment No. 11). Should the City Council approve the staff alternative for the reverse design layout, revisions to the proposed plan would be necessary. An alternative action (Alternative Action A) has been included to approve Conditional Use Permit No. 00-58, direct the applicant to redesign the project in accordance with Staffs Alternative (reverse design layout), and forward the project to the Design Review Board. E. SUMMARY Development on this parcel will serve as a focal point from the street and the adjoining commercial center. It is important that the City recognize the importance of this development and the consistent and equitable implementation of the General Plan and Urban Design Guidelines. Staff believes that this project can achieve the envisioned urban design goals by utilizing a reverse design layout and with site-specific architecture. Service station sites occupy many prominent corners in the City of Huntington Beach. A large number of them are outdated and will be redeveloped in the near future. This is the first demo and re-build service station that has been proposed since the adoption of the Urban Design Guidelines. The approved design will set the tone for the future development of other facilities. Because the City of Huntington Beach is nearly built-out, General Plan policies and citywide Urban Design Guidelines and their associated design principles have to be implemented incrementally as individual sites are recycled. In Huntington Beach consistent PL01-16.doc -81 4/25/01 11:57 AM REQUEST FOR ACTION MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PL.01-16 implementation of city polices and guidelines over time is the primary way to effectuate a positive change to the City's visual character. Staff recommends denial of the conditional use permit as submitted by the applicant because: . The proposed project does not achieve the optimum site planning and architectural design as envisioned by the General Plan and citywide Urban Design Guidelines. . The development is inconsistent with General Plan goals for high quality site planning and building design which encourage the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. . The proposed design does not comply with citywide Urban Design Guidelines for service stations that recommend; a) site design for corner lots to convey a strong link to the street or corner, b) screening of gas pump canopies by the main building and c) orienting the retail market building segment of the facility towards the street frontage. Environmental Status: The proposed project is categorically exempt pursuant to Class 2, Replacement or Reconstruction, Section 15302 of the California Environmental Quality Act which states that replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced are exempt from further environmental review. PL01-16.doc -9- 4/25/01 11:57 AM REQUEST FOR ACTION MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PL01-16 Attachment(s): City Clerk's Page Number No. Description 1 Findings and Conditions of Approval (Planning Commission Recommendation) 2 Findings for Denial (Staff Recommendation) 3 Site Plan, dated March 2, 2001 and Floor Plan and Elevations, dated December 13, 2000. 4 Applicant's narrative, dated August 25, 2000—September 1, 2000— December 12, 2000. 5 Appeal Letter, dated March 22, 2001 6 Planning Commission Staff Reports dated 3/13/01, 2/27/01, & 1/23/01 w/out attachments 7 Draft Planning Commission Minutes dated 3/13/01, 2/27/01, & 1/23/01 8 Staff Alternative Site Plan (Reverse Design Layout) 9 Starling Thomas (CPTED) report, dated 3/2101 10 City of Tustin, Auto Service Design Guidelines — Exhibit A 11 Photographs of"reverse layout" and "conventional design " service stations 12 Letter in Opposition from Joan Friedman, dated January 22, 2001 RCA Author: Amy Wolfe/Herb Fauland PL01-16.doc -10- 4/25/01 11:57 AM ,v a ,,. _° ATTACHMENT NO. 'I PLANNING COMMISSION RECOMMENDATION FINDINGS FOR APPROVAL CONDITIONAL USE PERMIT NO. 00-58 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 Class 2, Replacement or Reconstruction, Section 15302 of the CEQA Guidelines, because replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced are exempt from further environmental review. FINDINGS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 00-58 1. Conditional Use Permit No. 00-58 for: a) the demolition of an existing service station facility and establishment, maintenance and operation of a new service station with a 2,045 sq. ft. convenience market, a freestanding gas pump canopy (24-ft. high by 38-ft. wide by 52-ft. long), two (2) self-serve pump islands with four (4) dual-sided pumps, two (2) underground storage tanks and associated site improvements on a 22,500 sq'. ft. lot; and b) to permit the sale of alcoholic beverages (beer and wine) for off-site consumption 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 development is consistent with General Plan goals for high quality site planning and architecture. The project incorporates landscaping along street frontages. The architectural treatment of the building minimizes visual bulk and mass. Twenty-four hour convenience stores are susceptible to armed robbery. The sitting of the building at the rear of the property provides security for customers and employees with improved visibility into the store. Safe pedestrian access is provided via the sidewalk on Goldenwest Street. Site layout is designed to provide maximum safety for both vehicular and pedestrian traffic. 2. The conditional use permit will be compatible with surrounding uses because the project will be designed to provide adequate space for passenger vehicle and truck access. One surplus parking space will be provided on site in excess of the 11 parking spaces required to serve the facility. Twenty-four hour convenience stores are susceptible to armed robbery. The siting of the building at the rear of the property provides security for customers and employees with improved visibility into the store. Safe pedestrian access is provided via the sidewalk on Goldenwest Street. Site layout is designed to provide maximum safety for both vehicular and pedestrian traffic. 01 c10313 3. The proposed service station development plan 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 including street-side and corner landscape code requirements. 4. The granting of the conditional use permit will not adversely affect the General Plan because it is consistent the following goals and policies of the General Plan: Goal LU 4: Achieve and maintain high quality architecture, landscape and public open spaces in the City. Policy LU 10.1.12: Require that Commercial General uses be designed and developed to achieve a high level of quality distinctive character and compatibility with existing uses including the consideration of: a) Incorporation of site landscape, particularly along street frontages and in parking lots. The distinctive design of the food store meets the Urban Design Guidelines outlined in Chapter 4, General Commercial: o high quality innovative design o store design, not typical corporate design o variation in form, building details o distinctive massive elements, trellises on side of building o entries readily identified with tower overhang o compatible with other tenants o cornice treatments on both store and gas canopy o building with angled corners and angled orientation o quality materials used in exterior of building Policy CE 7.2.3: Encourage that all proposed building sites adjacent to a scenic highway. Include open space, plazas, gardens, or landscape areas which enhance the scenic highway and create a buffer between the building site and the scenic highway. The Urban Design Guidelines, Chapter Six, C — Service Stations. The site design and building location, on one of the busiest corners in this City, is not conducive to orienting the building along street frontage due to safety reasons. 01 c10313 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 00-58 1. The floor plans and elevations received and dated December 13, 2000 and the site plan received and dated March 2, 2001, shall be the conceptually approved layout with the following modifications: a. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) b. 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 rights-of-way. 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. (Code Requirement) c. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air 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 screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) d. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. e. Energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. Outdoor lighting shall be located to maximize effective illumination and facility security. (PD) f. The driveway entrances shall have textured and colored pavement (behind sidewalk on private property). (PD) g. The emergency exit near the restrooms shall be alarmed at all times. (PD) h. The development shall be reviewed by the Design Review Board (DRB) and modified in accordance with DRB conditions of approval. DRB review shall include but shall not be limited to the following; • building entry design, • architectural treatment of the rear building elevation, • gas-pump canopy design, • gasoline brand identity features, • fenestration, • pedestrian access and walkways, • driveway hardscape treatment, 01 c10113 CUP No.00-58/VAR No.00-17 Conditions of Approval 3/13/2001 • landscape screening, • site and building lighting • building materials and colors. 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. f. A truck hauling and routing plan for all trucks involved in asbestos removal and demolition of the existing structures shall be submitted to the Department of Public Works and approved by the Director of Public Works. g. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. 3. Prior to issuance of grading permits, the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) b. A detailed soils analysis shall be prepared by a Registered Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, streets, and utilities. (PW) c. I accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. "Best Management Practices" shall be identified and incorporated into the design. (PW) d. A remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties. (PW) e. The name and phone number of a field supervisor hired by the developer who is on-site shall be submitted to the Planning Department and Public Works Department. In addition, clearly visible 01 c10313 CUP No.00-58/VAR No.00-17 Conditions of Approval 3/13/2001 signs shall be posted on the perimeter of the site every 250 ft. indicating whom to contact 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 number of the applicant's contact, City contact (Jack Miller (714) 536-5517) regarding grading and construction activities, and "1-800-CUTSMOG" if there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) f. The applicant shall notify all property owners and tenants within 300 ft. of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) g. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (PW) h. The developer shall coordinate with the Department of Public Works in developing a truck haul route if the import or export of material 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. (PW) i. A plan shall be prepared and submitted to both Planning and Public Works Departments identifying wind barriers and screening around remediation equipment and materials. (PW) j. A plan shall be prepared and submitted to the Public Works Department for review and approval that details how all drainage associated with the remediation efforts shall be retained on site and how no wastes or pollutants shall escape the site. (PW) 4. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. All Fire Department requirements shall be noted on the building plans. (FD) 5. Prior to issuance of building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department and submit 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials sample board, and massing model to the Planning Department for inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. 01 c10313 CUP No.00-58/VAR No.00-17 Conditions of Approval 3/13/2001 The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36-inch box trees and shall be incorporated into the project's landscape plan (PW) (Code Requirement) c. An interim parking and building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. d. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape standards and specifications. (PW) 6. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soils damp enough to prevent dust raised by the operations. (PW) .b. Wet down areas to be graded or that are being graded in the late morning and after work is completed for the day. (PW) c. 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. (PW) d. The construction disturbance area shall be kept as small as possible. (PW) e. 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. (PW) f. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt from leaving the site and impacting public streets. (PW) g. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. Wind barriers shall be installed along the perimeter of the site. (PW) i. The remediation operations shall be performed in stages concentrating in single areas at the time to minimize the impact of fugitive dust and noise to the surrounding areas. (PW) j. Use low sulfur fuel (.05%) by weight for construction equipment; k. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); I. Discontinue construction during second stage smog alerts. 01 cl0313 CUP No.00-58/VAR No.00-17 Conditions of Approval 3/13/2001 7. Prior to final building permit inspection and approval the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) A new 6-inch sewer lateral shall be installed, unless the existing sewer lateral is verified to be of adequate size and in satisfactory condition to serve the new building. 2) The existing water service currently-serving the site may potentially be utilized for domestic purposes if it is of adequate size, conforms to current standards, and is in working condition as determined by the Water Division. If a new water service is necessary, it shall be installed per Water Division standards and sized to meet the minimum requirements set by the Uniform Plumbing Code and Uniform Fire Code. (PW) 3) The existing water meter shall be replaced with a touch-read meter, and sized to meet the minimum requirements set by the Uniform Plumbing Code and Uniform Fire Code. (PW) 4) Relocate the existing air and vacuum release assembly along Goldenwest Street so that it is clear of the widened driveway. (PW) 5) A separate domestic/irrigation water meter and service, sized to meet the minimum requirements set by the Uniform Plumbing Code and the Uniform Fire Code, if applicable. The service lateral shall be a minimum of 1-inch in size. Meter shall be touch-read type. (PW) 6) Separate backflow protection shall be installed per the City of Huntington Beach Water Division standards for domestic, irrigation and firewater services. (PW) 7) The two existing driveways nearest to the intersection of Goldenwest Street and Warner Avenue shall be removed and replaced with curb, gutter and sidewalk. (PW) 8) Reconstruct the entire two driveways to be widened so that they meet current standards and ADA requirements. (PW) 9) Remove and replace the existing wheelchair ramp with an ADA compliant wheelchair ramp. (PW) 10)Maintain the existing bus stop and bus-shelter on the east side of the project. Re-paint the red curb upon completion of the frontage work. (PW) 11) Installation of required landscaping and irrigation systems shall be completed prior to final inspection within 12 months of entitlement. (PW) 12)All landscaping 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 prior to final inspection and approval. (PW) 13)Applicant shall provide City with Microfilm copies (in City format) and CD (Auto CAD 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. (PW) 01 c10313 CUP No.00-58/VAR No.00-17 Conditions of Approval 3/13/2001 14) Motor Fuel Dispensing Areas—Areas used for motor fuel dispensing shall be paved with concrete (no use of asphalt). Concrete surfacing to extend 6 '/2' from the corner of each fuel dispenser in any direction. This distance may be reduced to the maximum length that the fuel dispensing hose and nozzle assembly may be operated in any direction plus one (1) foot. In addition, the fuel dispensing area shall be graded and constructed so as to prevent drainage flow either through or from the fuel dispensing area. (PW) 15)Motor Fuel Dispensing Area Canopy—All motor fuel concrete dispensing areas shall have a canopy structure for weather protection, extending over the motor fuel concrete dispensing area. (PW) 16)Motor Fuel Concrete Dispensing Area Interruptible Drainage—The concrete motor fuel dispensing area will be graded and constructed so as to drain to an underground clarifier/slump/tank equipped with a but-off valve that can stop the further draining of storm water or spilled material there from into the street or storm drain system. Spills will be immediately cleaned up according to Spill Contingency Plan. (PW) 17)Trash Container(Dumpster) Areas—Trash container(dumpster) areas shall have drainage from adjoining roofs and pavements diverted around the trash container area(s). (PW) 18)For trash container areas associated with the fuel dispensing, vehicle repair/maintenance, and industry, such areas shall be roofed over or drained to a water quality inlet, engineered infiltration/filtration system, or equally effective alternative. (PW) 19)Self-contained Areas for Washing/Steam Cleaning/Maintenance/Repair/Materials Processing- Self contained areas are required for washing/steam cleaning, wet material processing, and maintenance activities, specifically where vehicle repair/maintenance occurs, impermeable berms, drop inlets, trench catch basins, or overflow containment structures shall be provided around repair bays to prevent the spilled materials and wash down waters from entering the storm drain system. (PW) 20)Water Inlets—Water Quality inlets designed to remove free phase liquid petroleum compounds, grease, floatable debris, and settabie solids can be used. (PW) 21)Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 22)Address numbers will be installed on all structures to comply with Fire Dept. City Specification No. 428. (FD) 23)Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) 24)Fire lanes shall be designated and posted to comply with City Specification 415. - (FD) 25) Fire access roads shall be provided in compliance with City Specification 401. Include the Circulation Plan and dimensions of all access roads. (FD) 01 c10313 CUP No.00-58/VAR No.00-17 Conditions of Approval 3/13/2001 26) Submit a Fire Protection Plan in compliance with City Specification 426 for Fire Department approval. (FD) 27) Installation and/or removal of underground flammable or combustible liquid storage tanks shall comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. (FD) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. c. 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. 8. The use shall comply with the following: a. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. b. No alcoholic beverage sales shall be permitted between the hours of 12:00p.m - 6:00a.m. c. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 9. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. 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 HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 00-58 shall not become effective until the ten-calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-58 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. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 00-58 pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 01 cl0313 CUP No.00-58/VAR No.00-17 Conditions of Approval 3/13/2001 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of$43.00 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 Planning Commission's action. 8. 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. 9. All permanent, temporary, or promotional signs shall conform to Planned Sign Program NO. 00-07 and/or 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. 10. Traffic Impact Fees shall be paid. (PW) 11. Standard landscape code requirements apply (Chapter 232 of the HBZSO). (PW) 12. State-mandated school impact fees shall be paid prior to issuance of building permits. 13. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. . I 01 cl0313 - - \ AT - �N � ��_ a y T \��2: m. � \ ... , ATTACHMENT NO. 2 STAFF RECOMMENDATION SUGGESTED FINDINGS'FOR DENIAL CONDITIONAL USE PERMIT NO. 00-58 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 Class 2, Replacement or Reconstruction, Section 15302 of the CEQA Guidelines, because replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced are exempt from further environmental review. SUGGESTED FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 00-58: 1. Conditional Use Permit No. 00-58 for: a)the demolition of an existing service station facility and establishment, maintenance and operation of a new service station with a 2,045 sq. ft. convenience market, a freestanding gas pump canopy (24-ft. high by 38-ft. wide by 52-ft. long),two (2) self-serve pump islands with four(4) dual-sided pumps,two (2)underground storage tanks and associated site improvements on a 22,500 sq. ft. lot; and b)to permit the sale of alcoholic beverages (beer and wine) for off-site consumption will 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 project does not achieve the optimum site planning and architectural design as envisioned by the General Plan and citywide Urban Design Guidelines. The development is inconsistent with General Plan goals for high quality site planning and building design which encourage the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. In addition the proposed design does comply with the citywide Urban Design Guidelines for service stations that recommend; a) site design for corner lots to convey a strong link to the street or corner, b) screening of gas pump canopies by the main building and c) orienting the retail market building segment of the facility towards the street frontage. 2. The conditional use permit will not be compatible with surrounding uses because convenience stores are susceptible to armed robberies and the proposed project will not be designed to minimize criminal escape routes and maximize public safety. (01sr04c2—3/13/01) 3. The granting of the conditional use permit will adversely affect the General Plan because it is inconsistent the following goals and policies of the General Plan: Goal L U 4: Achieve and maintain high quality architecture, landscape and public open spaces in the City. Policy LU 10.1.12: Require that Commercial General uses be designed and developed to achieve a high level of quality distinctive character and compatibility with existing uses including the consideration of: d. Siting and design of one or more buildings in proximity to the street frontage to convey a visual relationship to the street and sidewalk. The proposed project design will not contribute towards achieving the high level of site and architectural character fostered by General Plan goals and objectives. Staff Report—3/13/01 -2- r ", I I� (D r m . 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"E x 32 ��� °� � <m����w��y .��± «. �: - - �r s ��?��� .�. . - �: . - z ��ƒ ����y�/� - \\�\\ \ . :z�«=� :� , � axe? . . .� . ., . .. � . > _. �. . . . - � � ��?©« f �� � « 2« w. : y t: z . »�»: : � « » - � .a<. . . y y. v : >? « ,_ : . �� a. . . � . .�y a. - . «© » » � - - - . %� ? \ \ �> � � : 1 \ ��? « » <�f�� � � <��. . : :y< : � �x r . . ate: . a» «» r . . . � . �;��� \ . �:< : 2 «� z - ®. � . ..�� . . � © . / ��< ����\\ \���2: 2\���y«�����»���y��=��:���/���\��2§� � IgGROUP INC. ARCHITECTURE • ENGINEERING • EN V IR0NMENTAL S E R V ICE S 1201 Sonth Beach Boulevard, Suite 207. La Habra, CA 90 63 1-63 66 Telephone: (562) 902-8023 Facsimile: (562) 902-8026 John 6h: Johnson, .Architect Established 1 9 6 6 JOHN W. JOHNSON Ca-President Justification for Request of Variance Principal September 1,2000 B R I A N F. Z I T A Planning Department Co-President City of Huntington Beach Principal Planning and Design Review 2000 Main St. Huntington Beach,CA JOHN B. HICKS RE: Remodeling Existing Chevron Service Station Vice President Chevron SS#09-4887 Principal 6972 Warner Ave. Huntington Beach,CA RHL JN: 0105.10 CECIL SPENCER The property owner,Chevron Products Company,intends to demolish the existing service R. - - -- Vice President station and construct a new service station with a convenience store at the above location.. Principal Products sold inside the convenience store will include snacks,sundries,prepared foods and beverages including beer and wine for off site consumption. We are hereby requesting a. Variance to allow a 7'planter area along street frontages in lieu of the city's required 10' landscape planter setback as well as placing the new convenience market within the 3' CHRIS LAW TON landscape set back at rear property corner. The following are our responses to questions Regional Manager located under application requirements. Associate 1. What exceptional circumstances apply to the subject property that deprive it.of privileges normally enjoyed. • Chevron Products Company intends to remodel the existing service station and J A M E S E. P R E S T E N construct a new convenience store. Special consideration has been taken to allow for Regional Manager Associate all the sites elements to integrate with the location-and design of the new convenience store. Please note the new convenience stores placement better facilitates the traffic flow while maintaining clear aisles for the required fueling positions at the fueling dispensers. A 34'-2"dimension has been held between the parking stalls and-the canopy island guard posts to further allow for traffic circulation as well as providing G A RY M. $E M L I N the tanker truck with an accessible route for delivery of product. In order to maintain Regional :11naagcr s s r i a t r these dimensions,and still have room between the canopy and planter adjacent to streets,a 7' wide planter must be allowed to provide a safe pattern for vehicular circulation. Chevron has tried to create a site layout where the traffic circulation patterns are not compromised. Chevron has done this by creating a 600s.f.landscaping area at the site's comer and a continuous planter adjacent to the sidewalks. Chevron A L'A N x. SHIMABUKUBLO� has been able to accomplish this by eliminating the corner most driveways,thus Regional .11 a n ag c r allowing the landscaping planter to continue from the shared access drives occurring Associate on both sides of the site. f:\project\Ok\0105.10\planning variance.ltr.doc BLYTHE R. WILSON Regional 11anager BELLEVUE, WA LA HABRA, CA MARTINEZ, CA PETALUMA, CA Associate SACRAMENTO, CA SCOTTSDALE, AZ VANCOUVER., WA HL Remodeling—xisting Chevron Service Station September 1, 2000 Chevron SS#09-4887 GROUP INC. 6972 Warner Ave. Huntington Beach,CA RHL JN: 0105.10 Page 2 2. Explain why the request will not constitute a grant of special privilege. • The location,size,design,and operating characteristics will not create conditions or situations that may be incompatible with other permitted uses in the vicinity. Thus it is not required that a special privilege be granted. 3. Why is this request necessary for the preservation and enjoyment of one or more substantial property rights when compared with other properties in the area. • The site has been designed to provide maximum safety for vehicular and pedestrian traffic. The location, size,design and operating characteristics of the proposed use will not create conditions or situations that may be incompatible with other permitted uses in the vicinity. In addition,Chevron is removing the existing service bay building, eliminating the noise of the auto repair shop. Chevron's proposed new facility includes a convenience store and other site upgrades as well as providing landscaping and parking to meet the city's requirements. 4. State reasons why the granting of the request will not be materially detrimental to the public welfare. • Our proposed project is consistent with the general plan. . • The site has been designed to provide maximum safety for vehicular and pedestrian traffic. • The infrastructure exists to support this site and remodeling will not increase the demand on city services. • The improved appearance of the site will enhance the project's vicinity. • The application will not result in conditions or circumstances contrary to the public health and safety,and general welfare. • Our project is based on providing the maximum of public safety. Better service and safety do not allow us to provide the 10' landscape set back or the 3' landscape set back at the rear of building. • Section 232 of zoning code states service stations shall dedicate 10%of site to landscaping. Chevron's site design allows for 13%of the site area to be landscaped. Chevron's goal is to enhance the sites aesthetic value while maintaining maximum safety for vehicular and pedestrian traffic. Sincerely, RHI�Zesign Group,Inc. Ict- qPro orgey t Manag f:\project\0k\0105.10\p1ann1n9 variance.Itr.doe BELLEVUE, WA LA HABRA, CA MARTINEZ, CA PETALUMA, CA SACRAMENTO, CA SCOTTSDALE, AZ VANCOUVER, WA WGL ROUPINC. ARCHITECTURE • ENGINEERING • ENVIRONMENTAL SERVICES 1201 South Beach Boulevard, Suite 207. La Habra, CA 90631-63,i6 Telephone- r562) 9,:1-8013 r=acriorle: (562) 902-8026 John [V Johnson, Architect E s a b i r h e d 1 9 6 6 JOHN W. JOHNSON _ - Co-President Principal December 12,2000 City of Huntington Beach Planning Department 2000 Main St. IL I N F. Z 1 T A Huntington Beach,CA 92562 Coo-President Principal Attn: Amy A.Wolf Associate Planner RE: Chevron Service Station#09-4887 RIM JN: 0105.10 6972 Warner Ave. Huntington Beach,CA 92648 JOHN B. HICKS Vice President Principal Explanation of Plan Revision Chevron believes that the Extra Mile Market building has a distinctive design element that clearly differentiates it from the other competitive stores,by offering its own unique CECIL R. SPENCER architectural design. Using the latest adopted Huntington Beach Design Guidelines as a Vice P r e s i d e n.t basis for malting architectural changes to the c-store,trellises have been added to the east . Principal and west sides of the building. In order to integrate and better complement the trellises @ the sides of the c-store,the tower front entry overhang has been pulled out from the building and exposed rafters above the entrance have been added.: The exposed rafters are at approximately the same height and spacing as the trellises on the adjacent building walls. C H li I S L A W T O N Chevron believes that this change in architecture will accentuate the entryway and help to Regional Manager reinforce the trellis effect. Associate Sincerely, RHL DESIGN GROUP,INC. JAMES E. PRESTEN Regional Adnnager Associat h Forgey P oject Man an A R Y M. SEMLING cc: Chevron Products Company /Richard Loyd & Jackie McGinnis Regional AIanager Associate ALAN K. SHIMABUKU14.0 Regional Manager Associate BLYTHE R. WILSON - Regional Manager FAPR01khb91d18.IIbfvm1".1tr.doc LA HA1jRA, CA MARTINEZ, CA PETALUMA, CA Associate SACRAMENTO, CA SCOTTSDALE, AZ VANCOUVER. WA Q'I CH EINN -- CITY OF HUNTINGTON BEACH City Council Communication TO: Connie Brockway, City Clerk FROM: Debbie Cook, Mayor Pro Tern DATE: March 22, 2001 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 00-58 (WARNER/GOLDENWEST CHEVRON SERVICE STATION) Conditional Use Permit No. 00-58 was approved by the Planning Commission on March 13, 2001,to permit construction and operation of a service station at 6972 Warner Avenue. I am hereby appealing the Planning Commission's action based upon the following reason: ■ The proposal should be reviewed by the City Council in order to determine if the subject development is in compliance with pertinent land use goals objectives and policies of the General Plan regarding achieving high quality design and whether it is consistent with the citywide Urban Design Guidelines. N C _� )' NOTICE OF APPEAL TO PLANNING COMMISSION ACTION OF / . gee,, Z Date of Planning Commission Action Z p TO: Planning Dept (2 copies) DATE:-3 - "-D City Attorney (1 copy) FILED BY ; I i I REGARDING: jl�G� �D. /ID-J�� LULI'/7P1' D /,�llu> � • Leon sewpai« Tentative Date for Public Hearing: l e G 22nLeo—*"z y- Copy of Appeal Letter attached. LEGAL NOTICE AND A.P.MAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE Connie Brockway City Clerk i x5227 I I - »: +-�< � �» 2-� m � »v��w>��z�< « . ©yam»». \ _ w:�=�w _ °�¥«2a « z - - �wa= �« - ; - � ����3\��\` � © © f m S � ��\ ° » ��:. _ . . - v - � . x « _v ��<»` � � � a :»� m �2�} � 7 � - � �\ � a : �� ���. �� � ; ��.: v�:�w .»y 2 � : . � � _ � y . . - >.� � §\ a + \ � 2 « �± �2 - : . > _ � r z z ~ �»�7 ��:y:. . \\�\ �§ » . ) �2�\�\ . G � /. \\ � �\ - 2 ' . » / . y»: �, -� . � « - ���a � � 2 � ` w - ��:»», » �-�pd °?������ «� �ate« < � . � : . . : � . . a.�:,a�. .. �� :»< > . �: � . � . .��a , - �� . . «�vv . «» . . y. �:&. . . . � �y w . . . °«���». . « � . �. > - �>«< .. 2� _ ,�. ��a:« © � . � « : . . - . , - +» City of Huntington Beach Planning Department : K , SR4 y SFTAF�F REPORT HUNTINGTON BEACH x - _ 4 A s TO: Planning Commission FROM: Howard Zelefsky,Director of Planning BY: Amy Wolfe,Associate Planner J DATE: March 13,2001 SUBJECT: CONDITIONAL USE PERMIT NO. 00-58/VARIANCE NO. 00-17 (Continued From February 27, 2001 With Public Hearing Closed - Warner/Goldenwest Chevron Service Station) APPLICANT: Jim Forgey, 1201 S. Beach Boulevard, Suite# 207, La Habra, CA 90631 PROPERTY OWNER: Dr. Steve Minnick, 12269 Sky Lane, Los Angeles, CA 90049 LOCATION: 6972 Warner Avenue (SWC of Warner Ave. and.Goldenwest Street) STATEMENT OF ISSUE: • On February 27, 2001 the Planning Commission considered a development proposal involving the following: Conditional Use Permit No. 00-58: - Demolish the existing service station facility and construct a new service station with a 2,045 sq. ft. convenience market and a freestanding gas pump canopy, four(4) dual-fuel gas pumps, two (2) gasoline storage tanks and associated site improvements on a 22,500 sq. ft. lot. - Permit the sale of alcoholic beverages (beer and wine) for off-site consumption. Variance No. 00-17: - Provide a six(6) ft. wide in lieu of a ten(10) ft. wide landscape.planter area along the front and exterior side property line (Goldenwest St. and Warner Ave.) - Provide a six hundred(600) sq. ft. landscaped area at the northeast corner of the parcel (adjacent to the Goldenwest St. and Warner Ave. intersection)with a six(6) ft. in lieu of a twenty(20) ft. minimum planter width. MC. ( wE,m PROJECT SITE vv ►Ywl �ONE AMIS Jl j vIA OR. •quRtA 13 i CF-R (MUROY CCMMUH(TY P 0K) i I j C5-3 0 C.F.C.0. - :.Wm _ 1 R.Y^aan-M Sr.'.L.'PiliO CEH eR - f r,ti BEACH :r •.WARNER. AVE. CF-E (wW-.RSEURO HIGH SCHOOL) OR � pO0• R 12, • 3 t 1 8 • W 8 n,u+.a 6 e � SET" LLLUI.R CONDITIONAL USE PERMIT NO. 00-58 VARIANCE NO. 00-17 THE CITY OF HUNTINGTON BEACH • Continued Item - Planning Commission meeting February 27, 2001. The Planning Commission continued this item in order to a) allow staff time to review the revised site plan presented during the public hearing;b) review information on potential crime activity associated with the placement of the building at the corner of the subject property; and c) obtain input from Urban Design Studio regarding staff s recommendation. - On March 2, 2001, the applicant submitted a revised site plan which complies with exterior street side and corner landscape code requirements. • Staffs Recommendation: Deny Conditional Use Permit No. 00-58 based upon the following: - The proposed project does not achieve the optimum site planning and architectural design as envisioned by the General Plan and citywide Urban Design Guidelines. - The development is inconsistent with General Plan goals for high quality site planning and building design which encourage the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. - The proposed design does not comply with citywide Urban Design Guidelines for service stations that recommend;a) site design for corner lots to convey a strong link to the street or comer, b) screening of gas pump canopies by the main building, and c) orienting the retail market building segment of the facility towards the street frontage. RECOMMENDATION: Motion to: A. "Deny Conditional Use Permit No. 00-58 with findings of denial(Attachment No.l)." ALTERNATIVE ACTION(SI: The Planning Commission may take alternative actions such as: A. "Approve Conditional Use Permit No. 00-58 with findings and conditions of approval" (Attachment No. 2-Applicant's Request) B. "Continue Conditional Use Permit No. 00-58 and direct staff accordingly." ANALYSIS: On March 2, 2001, the applicant forwarded a revised site plan for Planning Commission consideration which proposed no landscape variances(Attachment No. 3). No negative crime impact statistics associated with the placement of the convenience store in accordance with staffs recommendation were submitted by the applicant. The primary issues with the applicant's revised development_plan are site planning and architectural design. In addition the Planning Commission has requested an evaluation of potential crime impacts related to the sitting of the proposed gas-pump canopy and convenience store structures. An analysis of all three issues follows. I Staff Report—3/13/01 -2- (O1 sr04c2) Site Plannina The proposed project site is located at the intersection of a major urban scenic corridor (Warner Ave.) and a minor scenic corridor (Goldenwest St). The parcel's topography is relatively flat with no special location or adverse conditions which could affect its development. The General Plan goals and policies promote high quality design and distinctive character for all commercial development. More specifically the General Plan advocates the sitting and design of buildings in proximity to the street frontage to create a visual relationship to streets and sidewalks. In addition the citywide Urban Design Guidelines for General Commercial and Special Consideration/Service Station uses recommend the placement of buildings on corner and mid-block parcels in a manner that establishes a strong tie to the street frontage and corner. Buildings with angled comers or plazas are encouraged at corner locations. Furthermore,the design guidelines recommend that gas-pump canopies should be screened by the main building structure and the retail market/office building segment of the facility should be oriented along the street frontage. The City's intent in advocating the above is to foster development proposals which will enhance the City's unique identity and individual City district character; contribute to a positive City image along scenic corridors; stimulate investment and strengthen the economic vitality of the City and maintain and protect the value of property. The revised site plan complies with minimum street frontage and corner landscape requirements but maintains the stereotype franchise service station concept which places the gas-pumps and canopy area along street frontages and the main building structure towards the back of the parcel. The applicant's plan is.not consistent with General Plan policies and citywide Urban Design Guidelines for high quality design based on proposed building sitting. The City's consultant for the citywide Urban Design Guidelines, Urban Design Studio/RBF, has reviewed the proposed project. Mark Brodeur(Principal)and Al Zelinka(Principal Community Planner)have indicated that staffs alternative site plan is consistent with site planning and crime prevention concepts encouraged in the Urban Design Guidelines and with current planning trends. In August 1998, similar site planning guidelines were adopted by the City of Tustin(Attachment No. 8). Staffs alternative represents one of the most up-to-date designs in terms of building placement which successfully addresses aesthetic and security factors associated with good planning practice. In addition, staffs recommended alternative is consistent with recent marketing studies which indicate that gasoline brand identity is becoming less emphasized at newer gas station locations as convenience stores and foodservice operations become increasingly important to the bottom line (National Petroleum News, September 1997-Attachment No. 6). Therefore the importance of the gas pump canopy placement for brand identification purposes along the street frontage as a means of establishing and sustaining a successful facility is not critical to the business operation. Staff believes that the revised site plan does not represent the optimum design and the project can be designed in compliance with General Plan and citywide design guidelines. Staff recommends denial of the submitted development plan. j Staff Report—3/13/01 -3- (01sr04c2) Architecture Staff has conducted additional research on the issue of architecture of service stations and convenience markets. The research indicates that projects which are customized to individual sites do not come across as prototypical and image-wise make a strong positive statement because sites are conceptualized as one complete piece of architecture, they project a good corporate image(National Petroleum News, September 1997 - Attachment No. 6). The citywide Urban Design Guidelines encourage site-specific architectural design. Corporate or franchise design solutions are strongly discouraged. All structures on a development site are recommended to be designed in an architecturally consistent manner which relates to the overall architectural theme. i The mini-market prototype structure is proposed to be screened by the gas-pumps and canopy structure and exhibits an ordinary"convenience store"exterior building appearance. Although the building design includes acceptable quality materials and colors, roof cornice details, and trellis elements along the sides of the structure, it neither reflects a significantly new, innovative design nor projects a unique building character. In addition, the building and canopy design do not fully relate in terms of architectural theme. The gas-pump canopy design features the corporate "Chevron"blue, gray and white color palette and column design details which are inconsistent with the overall architecture. Staff finds the proposed building and canopy design inconsistent and contrary to the goals of the General Plan and the Urban Design Guidelines. On March 5, 2001, staff met with the applicant and discussed the issues of site planning and architecture. The applicant indicated that minor building modifications to the proposed convenience store and gas pump canopy might be acceptable. No revised architectural plans were available for consideration at the time of report preparation. Staff has included a condition of approval, that refers the development proposal to the Design Review Board(DRB) and directs DRB to evaluate and address building entry design, architectural treatment of the rear building elevation, gas-pump canopy design, gasoline brand identity features, fenestration, pedestrian access and walkways, driveway hardscape treatment, landscape screening, site and building lighting, and building materials and colors. Crime Prevention Through Environmental Design(CPTED)Analysis There are no crime statistics based on specific building siting available at cities where service station facilities have been built as suggested by staff. Therefore no quantitative information is available which proves an increase in crime activity associated with the sitting of the convenience store at the corner of the intersection. However the applicant has provided planning staff with an excerpt from a book titled"Crime Prevention Through Environmental Design" (Attachment No. 7). In summary the portion of the excerpt applicable to the project site states that: a. Convenience stores located near dense commercial or housing sites experience robberies associated with access from the rear of the store to the front. Escape is easy around the back of the store. b. Customers are afraid to use these stores because of hanging-out activity and by undesirable users. c. The standard modus operandi is for the perpetrator to come from behind the building to the front and rob the cashier. Escape is easy because the person may easily blend into the buildings that are contiguous to and behind the convenience store. Staff Report—3/13/01 -4- (01sr04c2) In terms of architectural modifications staff recommends: a) placement of the mini-market building adjacent to the Warner/Goldenwest intersection in order to screen the gas-pumps, canopy, and create an architectural focal point design; and b) revisions to the canopy column details and color palette in order to achieve architectural consistency between the mini-market and canopy design components. Staff recommends that the mini-market building should be angled to create an appropriate corner building transition at the intersection and should be proportionately increased in height to establish a prominent architectural presence. The building should incorporate additional window glazing along the street frontages to improve the building's appearance and security of the facility from the street. Photographs of a recently developed Chevron service station in the city of Dana Point, which utilizes the above design elements, have been provided for your reference(Staff Report dated January 23, 2001, Attachment No. 9). Staff believes that implementation of the above modifications would achieve the goals objectives and policies of the General Plan and will bring the project in compliance with the citywide design guidelines. As an alternative, the Planning Commission may recommend the project be reviewed by the Design Review Board for compliance with the Urban Design Guidelines. SUMMARY: Staff recommends denial of the conditional use permit as submitted by the applicant because: • The proposed project does not achieve the optimum site planning and architectural design as envisioned by the General Plan and citywide Urban Design Guidelines. • The development is inconsistent with General Plan goals for high quality site planning and building design which encourage the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. • The proposed design does not comply with citywide Urban Design Guidelines for service stations that recommend; a) site design for corner lots to convey a strong link to the street or corner,b) screening of gas pump canopies by the main building and c) orienting the retail market building segment of the facility towards the street frontage. ATTACHMENTS: 1. Suggested Findings for Denial 2. Conditions of Approval(Applicant's Proposal) 3. Revised Site Plan, dated March 2, 2001 4. Staff Alternative Site Plan 5. Starling Thomas Concepts CPTED Report, dated March 2, 2001 6. National Petroleum News Articles, September 1997 issue 7. Excerpt from"Crime Prevention Through Environmental Design" authored by Tim Crowe 8. City of Tustin,Auto Service Design Guidelines, Exhibit A 9. Staff Report dated January 23, 2001 Staff Report— 3/13/01 -6- (O1 srO4c2) k City of Iiunt�ng-fi" Planning Department 4 3 Bea�ch� x y F TA t S _ REPORT{FF t F w Lei a— TO: Planning Commission FROM: Howard Zelefsky, Director of Planning BY: Amy Wolfe,Associate Planner DATE: February 27, 2001 SUBJECT: CONDITIONAL USE PERMIT NO. 00-58/VARIANCE NO. 00-17 (Continued From January 23,2001 With Public Hearing Open -Warner/Goldenwest Chevron Service Station) APPLICANT: Jim Forgey, 1201 S. Beach Boulevard, La Habra, CA 90631 PROPERTY OWNER: Dr. Steve Minnick, 12269 Sky Lane,Los Angeles, CA 90049 LOCATION: 6972 Warner Avenue (SWC of Warner Ave. and Goldenwest Street) STATEMENT OF ISSUE: On January 23, 2001,the applicant requested that the Planning Commission continue the public hearing on this item in order to allow the-applicant time to further review and resolve project issues. The Planning Commission continued the project to the February 27, 2001 meeting. The applicant proposes no additional information or project modifications at this time. Staff is forwarding the previously submitted staff report, dated January 23, 2001,and recommends denial of the project as outlined in the analysis section of the report(Attachment No. 1). ATTACHMENT: 1. January 23, 2001 Planning Commission Staff Report Lim City of Huntington Beach Planning Department STAFF REPORT f� .s HUNi1NGTON TO: Planning Commission FROM: Howard Zelefsky,Director of Planning BY: Amy Wolfe,Associate Planner DATE: January 23, 2001 SUBJECT: CONDITIONAL USE PERMIT NO. 00-58/VARIANCE NO. 00-17 (Warner/Goldenwest Chevron Service Station) APPLICANT: Jim Forgey, 1201 S. Beach Boulevard,La Habra, CA 90631 PROPERTY OWNER: Dr. Steve Minnick, 12269 Sky Lane, Los Angeles, CA 90049 LOCATION: 6972 Warner Avenue (SWC of Warner Ave. and Goldenwest Street) STATEMENT OF ISSUE: Conditional Use Permit No. 00-58 request: - Demolish the existing service station facility and construct a new service station with a 2,045 sq. ft. convenience market and a freestanding gas pump canopy, four(4) dual-fuel gas pumps,two (2) gasoline storage tanks and associated site improvements on a 22,500 sq. ft. lot. - Permit the sale of alcoholic beverages (beer and wine) for off-site consumption. • Variance No. 00-17 request: Provide a six(6) ft. wide in lieu of a ten(10)ft. wide landscape planter area along the front and exterior side property line(Goldenwest St. and Warner Ave.) - Provide a six hundred(600) sq. ft. landscaped area at the northeast corner.of the parcel(adjacent to the Goldenwest St. and Warner Ave. intersection)with a six(6)ft. in lieu of a twenty (20) ft. minimum planter width. Staff s Recommendation: Deny Conditional Use Permit No. 00-58 based upon the following: - General Plan goals for high quality site planning and building design which encourage the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. - Huntington Beach Zoning and Subdivision Ordinance (HBZSO) standards for developments within General Commercial zoning districts that require front and exterior side yards to be landscaped. - Citywide Urban Design Guidelines for service stations that recommend; a) site design for corner lots to convey a strong link to the street or corner,b) screening of gas pump canopies by the main building and c) orienting the retail market building segment of the facility towards the street frontage. Deny Variance No. 00-17 based upon the following: - General Plan policies which encourage the provision of landscaped areas to enhance the appearance of scenic highways and create a buffer between building sites and the scenic highways. - There are no special circumstances applicable to the subject property. The project size and configuration are ideal for property redevelopment in compliance with HBZSO requirements. The parcel's topography is relatively flat with no location or surrounding development adverse conditions which could affect its development. - The project can be redesigned and developed in compliance with code requirements. Several similar properties within the City are subject to compliance with the same code required landscape setbacks. RECOMMENDATION: Motion to: A. "Deny Conditional Use Permit No. 00-58 and Variance No. 00-17 with findings of denial(Attachment No.I)." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Approve Conditional Use Permit No. 00-58 and Variance No. 00-17 with findings and conditions of approval" (Attachment No. 2-Applicant's Request) B. "Continue Conditional Use Permit No. 00-58 and Variance No. 00-17 and direct staff accordingly." Staff Report—1/23/01 2 (01sr04) PROJECT PROPOSAL: Conditional Use Permit No. 00-58 represents a request for the following: A. To demolish the existing service station facility and permit construction of a service station with a 2,045 sq. ft. convenience market, a freestanding gas pump canopy(24-ft. high by 38-ft. wide by 52-ft. long), two (2) self-serve pump islands with four(4) dual-sided pumps, two (2)underground storage tanks and associated site improvements on a 22,500 sq. ft. lot pursuant to Section 211.04, CO, CG, and CV Districts: Land Use Controls, Commercial Uses, Service Stations of the HBZSO. B. To permit alcoholic beverage sales (beer and wine)for off-site consumption pursuant to Section 211.04, CO, CG, and CV Districts: Land Use Controls, Commercial Uses, Food and Beverage Sales with Alcoholic beverage Sales of the HBZSO. The project site is located at the southwest corner of Warner Avenue and Goldenwest Street. The property was formerly used as a Chevron service station and is currently, undergoing soil remediation. All existing structures on site are proposed to be demolished. The applicant has indicated that the proposed station is designed to reflect Chevron's latest design standards. The service station will include a convenience store (Extra Mile Market), a detached canopy,four(4) dual-fueling dispensers, two (2) underground storage tanks, a trash enclosure, air and water unit,public pay phones, and landscape and parking areas. Customers using credit/ATM cards will be able to pay for purchases directly at the pump. Products sold at the convenience market will include various food (snacks,prepackaged foods etc.) and beverage items including alcoholic beverages, for consumption off-site. The service station will be open 24 hours a day, seven days a week. There will be three(3)shifts daily with a maximum of three (3) employees per shift. The applicant has indicated that the request is necessary(Attachment No. 4)in order to provide a safe, clean, and a well-managed facility that will contribute to the shopping convenience of City residents and visitors. Variance No. 00-17 pursuant.to Chapter 241 of the ZSO is requested for the following: A. A six(6) ft. in lieu of ten(10) ft. front and exterior side yard landscape setback planter pursuant to Section 211.06, CO, CG, and CV'Districts: Development Standards of the HBZSO; and B. Provide a six-hundred(600) sq. ft. landscaped planter area at the corner of Goldenwest Street and Warner Avenue with a minimum,six(6)ft. in lieu of twenty(20) ft. wide landscaped planter pursuant to Section 230.32.D.5.b, Service Stations: Design Standards of the HBZSO. The applicant has indicated that the request is necessary(Attachment No. 4)because service and safety design considerations (building placement,traffic circulation etc.) limit the applicant's ability to provide the required ten (10) ft. wide landscape setback along the Goldenwest Street and Warner Avenue street frontages. In addition,the submitted variance also included a request to allow the mini-market and trash enclosure to be constructed with a zero (0) landscaped setback and the public notification reflected the Staff Report—1/23/01 3 (O l sr04) request, however, upon further review it was determined that the buildings can be located as proposed by the applicant without a variance. ISSUES: LOCATION,' SE Subject Property: CG-F1 (Commercial CG(General Commercial (service station) General—0.35 FAR) Commercial) North, East, South, CG-F1 (Commercial CG(General NWC/76 gas station West of Subject General—0.35 FAR) Commercial) NEC/Boston Market Property SEC/Home Depot General Plan Conformance: The General Plan Land Use Map designation on the subject property is Commercial General (CG-F1) and is located within subarea 8A(Community Commercial). The proposed use is consistent with this land use designation, however the proposed project is inconsistent with the goals and objectives of the City's General Plan as follows: A. Land Use Element Goal L U 4: Achieve and maintain high quality architecture, landscape and public open spaces in the City. Goal L U 10.1.12: Require that Commercial General uses be designed and developed to achieve a high level of quality distinctive character and compatibility with existing uses including the_consideration of: a. Incorporation of site landscape, particularly along street frontages and in parking lots. d. Siting and design of one or more buildings in proximity to the street frontage to convey a visual relationship to the street and sidewalk. B. Circulation Element Policy CE 7.2.3: Encourage that all proposed building sites adjacent to a scenic highway include open space, plazas, gardens,or landscape areas which enhance the scenic highway and create a buffer between the building site and the scenic highway. The proposed project as submitted by the applicant does not incorporate design elements that will contribute towards achieving the high level of site and architectural character fostered by General Plan goals and objectives. Staff Report—1/23/01 4 (01 sr04) Zoning Compliance: This project is located in the General Commercial zone and complies with the requirements of that zone except for the front, exterior, and corner landscape setbacks which are proposed to be reduced as part of a variance which has been submitted in conjunction with the development proposal. The following is a zoning conformance matrix which compares the proposed project with the applicable development standards of the HBZSO. SECTION ISSUE CODE PROVISION ;PROPOSED' 230.32. A Lot Area Min. 22,500 sq. ft. 22,500 sq. ft. 230.32. B Lot Width Min. 150 ft. 150 ft. 211.06 Building Setbacks (D,E, O) Front(Goldenwest) Min. 10 ft. 86 ft. (F) Side (South P.L.) Min. 0 ft. 0 ft. (E) Street Side (Warner) Min. 10 ft. 88 ft. (F) Rear(West P.L.) Min. 0 ft. 0 ft. (F, G) Building Height Max. 50 ft. 23.1 ft. (top of curb to roof Peak) Floor Area Ratio Zoning Max. 1.5 (33,750 sq. ft.) General Plan Max. 0.35 (7,875 sq. ft.) 0.09 (2,045 sq. ft) (H) Site Landscaping Min. 10% (2,250 sq. ft.) 13.8 % (3,121.5 sq. ft.) 230.32. Service Station side yard Min. 3 ft. wide landscaped Variable width planter(3 ft. D.5.a landscaping setback along interior property min) lines 230.32 Service Station Min. 600 sq. ft. w/min. 600 sq. ft. w/min. D.5.b landscaping at corner of dimension of 20 ft. dimension of 6 ft. intersection 230.32. Pump island street side 20 ft. 32 ft. D.6 setback Canopy street side setback 10 ft. w/ground clearance of 12 20 ft. w/ ground clearance ft. of 17 ft. 231.04.B Off-Street Parking - Min. 11 spaces (1 sp./200 sq. ft. 12 spaces Number of retail space) 232.08.C. Landscaping Imp. Min.10 ft. wide (clear) 6 ft. wide(clear) landscape 211.06 landscaped setback along street planter* (H) side property lines 230.78 Refuse Storage Required One 10 ft. x 12 ft. area 230.88 Fences& Walls Max. 6 ft. Not applicable * Variance request Staff Report— 1/23/01 5 (01sr04) ANALYSIS: The primary issues with the proposed request are site planning, architectural design and the landscaped planter width variance associated with the development of the new service station and mini-market. Site Planning The proposed site design features the stereotype franchise service station concept which places the gas- pumps and canopy area along street frontages and the main building structure towards the back of the parcel. Access to the site will be provided by a total of two common access driveways, shared with the adjoining commercial center, from Goldenwest Street and from Warner Avenue. The existing driveways closest to the intersection are proposed to be closed. The General Plan goals and policies promote high quality design and distinctive character for all commercial development. More specifically the General Plan advocates the siting and design of buildings in proximity to the street frontage to create a visual relationship to streets and sidewalks. In addition the citywide Urban Design Guidelines for General Commercial and Special Consideration/Service Station uses recommend the placement of buildings on corner and mid-block parcels in a manner that establishes a strong tie to the street frontage and corner. Buildings with angled corners or plazas are encouraged at corner locations. Furthermore, the design guidelines recommend that gas-pump canopies should be screened by the main building structure and the retail market/office building segment of the facility should be oriented along the street frontage. The City's intent in advocating the above is to foster development proposals which will enhance.the City's unique identity and individual City district character; contribute to a positive City image along scenic corridors; stimulate investment and strengthen the economic vitality of the City and maintain and protect the value of property. The proposed site planning is not consistent with General Plan policies and citywide Urban Design Guidelines for high quality design and triggers the"need to request variances for street frontage and corner landscape setback requirements. Staff believes that the proposed building siting does not represent the optimum design solution and that the project can be redesigned in compliance with General Plan and citywide design guideline goals as well as code requirements. Staff recommends denial of the submitted development plan. Architecture The citywide Urban Design Guidelines encourage site-specific architectural design. Corporate or franchise design solutions are strongly discouraged. All structures on a development site are recommended to be designed in an architecturally consistent manner which relates to the overall architectural theme. The mini-market prototype structure is proposed to be screened by the gas-pumps and canopy structure and exhibits an ordinary"convenience store" exterior building appearance. Although the building design includes acceptable quality materials and colors,roof cornice details, and trellis elements along the sides of the structure, it neither reflects a significantly new, innovative design nor projects a unique building Staff Report— 1/23/01 8 (01 sr04) character. In addition, the building and canopy design do not fully relate in terms of architectural theme. The gas-pump canopy design features the corporate "Chevron"blue, gray and white color palette and column design details which are inconsistent with the overall architecture. Staff finds the proposed building and canopy design inconsistent and contrary to the goals of the General Plan and the Urban Design Guidelines and therefore is recommending denial. Variance Request—Landscaped Setbacks The proposed project site is located at the intersection of a major urban scenic corridor(Warner Ave.)and a minor scenic corridor(Goldenwest St). The site is a square parcel which complies with the lot area and width requirements for General Commercial zoned uses and requirements applicable to service stations. The parcel's topography is relatively flat with no special location or adverse conditions which could affect its development. The project area's size and configuration are ideal for property redevelopment in compliance with code requirements. The Circulation Element of the General Plan advocates quality landscaping improvements along scenic corridors. The proposed four(4) ft. planter width reduction along the front and exterior side property line (Goldenwest St. and Warner Ave.) and the fourteen(14)ft.planter width reduction at the northeast corner of the parcel (adjacent to the Goldenwest St. and Warner Ave. intersection) will negatively impact the overall appearance of the proposed development from the adjoining scenic corridors and adjacent properties. The proposed planter width reductions along street frontages and corner planter area will significantly reduce the ability to adequately landscape the site and enhance its visual appearance from the adjoining streets.. Trash enclosure walls and minimally enhanced side and rear building walls devoid of any window treatment will be exposed to views from the adjoining commercial center parking lot creating an undesirable view. Staff believes that the proposed reduced landscaping setbacks will not contribute towards achieving the high quality development fostered by the General Plan and recommends denial of the landscape setback variance. Staff believes that the proposed project could and should be redesigned in compliance with the minimum HBZSO landscape requirements, in a manner that enhances the Warner/Goldenwest scenic highway intersection and creates a buffer between the building site and the scenic highways. Staff Alternative A. Site Planning Staff suggests placement of the mini-market building adjacent to the Warner/Goldenwest intersection in order to create a direct visual and physical linkage to the street frontage and accommodate the required corner and street frontage landscaped setbacks. In addition staff recommends that the mini-market building be angled at the corner in order to provide the required corner landscaping and enhance the appearance of the facility and street intersection. Access to the site will be provided by the common access driveways which are shared with the adjoining commercial center, from Goldenwest Street and from Warner Avenue. The existing driveways closest to the intersection are proposed to be closed A Staff Report—1/23/01 9 (01 sr04) schematic alternative that depicts one of the potential design solutions, has been provided as a reference. (Attachment No. 6) B. Architecture The alternative plan suggested by staff also includes recommendations on the architectural style of the buildings. Staff suggests: a) architectural modifications and placement of the mini-market building adjacent to the Warner/Goldenwest intersection in order to screen the gas-pumps, canopy, and create an architectural focal point design; and b)revisions to the canopy column details and color palette in order to achieve architectural consistency between the mini-market and canopy design components. Staff recommends that the mini-market building should be angled to create an appropriate comer building transition at the Warner/Goldenwest intersection, it should be proportionately increased in height to establish a prominent architectural presence, and incorporate additional window glazing along the street frontages to improve the building's appearance and security of the facility from the street. Photographs of a recently developed"Chevron" service station in the city of Dana Point,which utilizes the above design elements, have been provided for your reference (Attachment No. 7). Staff believes that implementation of the above modifications would achieve the goals objectives and policies of the General Plan and will bring the project in compliance with the citywide design guidelines. As an alternative, the Planning Commission may recommend the project be reviewed by the Design Review Board for implementation of staff s recommendation and compliance with the Urban Design Guidelines. SUMMARY: Staff recommends denial of the conditional use permit because: • The proposed project does not achieve the optimum site planning and architectural design as envisioned by the General Plan and citywide Urban Design Guidelines. • The development is inconsistent with General Plan goals for high quality site planning and building design which encourage the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. • The proposed design does not comply with citywide Urban Design Guidelines for service stations that recommend; a) site design for corner lots to convey a strong link to the street or corner, b) screening of gas pump canopies by the main building and c) orienting the retail market building segment of the facility towards the street frontage. • The proposed service station development plan does not comply with.the HBZSO minimum street frontage and corner landscaping requirements. Staff recommends denial of the variance request because: • The variance will adversely affect the General Plan. It is inconsistent with General Plan policies which encourage the provision of landscaped areas to enhance the appearance of scenic highways and create a buffer between building sites and scenic highways. • There are no special circumstances applicable to the subject property which justify granting of the requested variance. The project size and configuration are ideal for property redevelopment in Staff Report—1/23/01 10 (01sr04) - \ «} <��y ° �: � �\ - _ . : . . . . . : : : . z c -, : , _ <»` � � v®© 2 «^ . 2 - \ \ - w. z� » � / ��\ ?: a . . .y DRAFTt B. PUBLIC HEARING ITEMS -PROCEDURE: Staff Report, Commission Disclosure Statement(s), Commission Discussion, Public Hearing, Action 7B-2. CONDITIONAL USE PERMIT NO. 00-58 /VARIANCE NO. 00-17: Applicant: Jim Forgey, 1201 S. Beach Boulevard, La Habra CA 90631 Property Owner: Dr. Steve Minnick, 12269 Sky Lane, Los Angeles, CA 90049 Request: CUP: a) Construct a service station with a 2,045 sq. ft. convenience market and a freestanding gas pump canopy, four(4) dual-fuel gas pumps, two (2)gasoline storage tanks and associated site improvements on a 22,500 sq. ft. lot; b) Permit the sale of alcoholic beverages(beer and wine)for off-site consumption. VAR: a) Provide a six (6) ft. wide in lieu of a ten (10) ft. wide landscape planter area along the front and exterior side property line (Goldenwest Street and Warner Avenue); b) Construct the convenience market and trash enclosure with a zero (0)ft. in lieu of a three (3)ft. interior side yard landscaped setback; c) Provide a six-hundred (600) sq. ft. landscaped area at the northeast corner of the parcel (adjacent to the Goldenwest Street and Warner Avenue intersection)with a six (6) ft. in lieu of a twenty (20)ft. minimum planter width. Location: 6972 Warner Avenue (SWC of Warner Avenue and Goldenwest Street) Proiect Planner: Amy Wolfe A MOTION WAS MADE BY LIVENGOOD, SECOND BY SPEAKER, TO CONTINUE CONDITIONAL USE PERMIT NO. 00-581 VARIANCE NO. 00-17 TO FEBRUARY 27, 2001, BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Livengood, Kokal, Speaker NOES: None ABSENT: Mandic ABSTAIN: None MOTION APPROVED B-1.01 KNNUALREVIEW OF THE HOLLY SEACLIFF DEVELOPMENT AGREEMENT NO. MPLIANCE REPORT: Applicant: City of Huntington Beach, 2000 Main Street, Beach CA 92648 Reauest: Annual review of the Holly Seacliff Developm Compliance Report Location: Approximately 490 acres located between Ellis Avenue o north, Huntington Street on the east, Edwards Street on the west, and the Seacliff G nurse on the south Project Planner: Mary Beth Broeren Annual Review of Holiv cliff Develo ment A reement No. 90-1 request: - Purpose to ascertain go ith compliance by Developer with terms of the Agreement and evaluate ariffloLprogress with required improvements. - Tenth consecutive review; previo views have determined compliance. 0 Staffs Recommendation: Determine Developer is in compliance and forwa City Council based upon the following: - Reasonable progress has been made in completing r ed improvements - Developer has complied with terms of 1990 Development ement and 2000 Settlement Agreement to-date. THE PUBLIC HEARING WAS OPEN: PC Minutes—1/23/01 2 (01 P=0123) Planning Commission Minutes 6 Page 2 FT, February 27, 2001 } B. PUBLIC HEARING ITEMS B-1. CONDITIONAL USE PERMIT NO. 00-58 /VARIANCE NO. 00-17 (CONTINUED FROM 1/23/01): Applicant: Jim Forgey Property Owner: Dr. Steve Minnick Request: CUP: a) Construct a service station with a 2,045 sq. ft. convenience market and a freestanding gas pump canopy, four(4) dual-fuel gas pumps, two (2) gasoline storage tanks and associated site improvements on a 22,500 sq. ft. lot; b) Permit the sale of alcoholic beverages (beer and wine) for off-site consumption. VAR: a) Provide a six (6) ft. wide in lieu of a ten (10) ft. wide landscape planter area along the front and exterior side property line (Goldenwest Street and Warner Avenue); b) Construct the convenience market and trash enclosure with a zero (0) ft. in lieu of a three (3) ft. interior side yard landscaped setback; c) Provide a six-hundred (600) sq. ft. landscaped area at the northeast corner of the parcel (adjacent to the Goldenwest Street and Warner Avenue intersection) with a six (6) ft. in lieu of a twenty (20) ft. minimum planter width. Location: 6972 Warner Avenue (SWC of Warner Avenue and Goldenwest Street) Project Planner: Amy Wolfe • Conditional Use Permit No. 00-58 request: Demolish the existing service station facility and construct a new service station with a 2,045 sq. ft. convenience market and a freestanding gas pump canopy, four(4) dual-fuel gas pumps; two (2) gasoline storage tanks and associated site improvements on a 22,500 sq. ft. lot. Permit the sale of alcoholic beverages (beer and wine) for off-site consumption. • Variance No. 00-17 request: - Provide a six (6) ft. wide in lieu of a ten (10) ft. wide landscape planter area along the front and exterior side property line (Goldenwest St. and Warner Ave.) - Provide a six hundred (600) sq. ft. landscaped area at the northeast corner of the parcel (adjacent to the Goldenwest St. and Warner Ave. intersection) with a six (6) ft. in lieu of a twenty (20) ft. minimum planter width. • Staffs Recommendation: Deny Conditional Use Permit No. 00-58 based upon the following: - General Plan goals for high quality site planning and building design which encourage the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. - Huntington Beach Zoning and Subdivision Ordinance (HBZSO) standards for developments within General Commercial zoning districts that require front and exterior side yards to be landscaped. - Citywide Urban Design Guidelines for service stations that recommend; a) site design for corner lots to convey a strong link to the street or corner, b) screening of gas pump canopies by the main building and c) orienting the retail market building segment of the facility towards the street frontage. Deny Variance No. 00-17 based upon the following: General Plan policies which encourage the provision of landscaped areas to enhance the appearance of scenic highways and create a buffer between building sites and the scenic highways. G ARobinlMinutes101 p=0227 Planning Commission Minutes Page 3 { , February 27, 2001 - There are no special circumstances applicable to the subject property. The project size and configuration are ideal for property redevelopment in compliance with HBZSO requirements. The parcel's topography is relatively flat with no location or surrounding development adverse conditions which could affect its development. The project can be redesigned and developed in compliance with code requirements. Several similar properties within the City are subject to compliance with the same code required landscape setbacks. Staff made a presentation to the Commission. THE PUBLIC HEARING WAS OPENED: Richard Loyd, Chevron Corporation, 145 S. State College Blvd., Brea CA 92822, representing the applicant provided a revised site plan without a reduced landscaping area variance request. He discussed community partnership and praised the City's Urban Design Guidelines. However, Mr. Loyd explained that Chevron does not build reverse layout service stations. He cited reasons such as increased criminal activity and employee/patron safety, and vehicular circulation and visibility problems. He outlined Chevron's plans to increase the projects architectural detail and additional landscaping. The Commission asked about the length of the corner setbacks, and its effect on the landscaping. The Commission voiced concerns about the reverse layout design with regard to street exposure, visual access for police, convenience market layout, and window schemes that prevent outside visibility. The Commission asked if the Chevron Corporation had any statistics on criminal activity in neighboring cities that have reverse layout service stations. Juan Garcia, Chevron Corporation, 145 S. State College Blvd., Brea CA 92822, stated that reverse layout service stations can result in up to a 25% crime increase but did not provide any factual statistics for consideration. The Commission asked about the hours the convenience market could sell alcohol, suggesting they prohibit sales between the hours of 12:00 a.m. and 6:00 a.m. The representative did not object to the suggestion. The Commission also inquired about signage, and where it would be located. The representative responded that the Chevron signage would exist on a separate monument, not on the building itself. NO ONE ELSE WAS PRESENT TO SPEAK AND THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding the advantages and disadvantages of a reverse layout design. Staff mentioned that when buildings are placed along the street frontage, the building G ARobin\Minutes101 p=0227 --w Planning Commission Minutes ;Y Page 4 February 27, 2001 �.a P architecture becomes more prominent and contributes in the enhancement of the street scene. Staff also stated that the Police Department endorsed staff's design because it meets the safety goals of the City. The Commission asked if staff researched whether or not reverse layout service stations in neighboring cities generate greater sales, and staff replied that they had done no research on this issue. Commission and staff discussed the goals of the City's Urban Design Guidelines at length. It was mentioned that this is the first reverse layout design to be considered in Huntington Beach, and that the design as proposed by staff provides a positive image because it focuses attention on the building, not on the gas pump canopy and fueling islands. Staff informed the Commission that the applicant did not provide them with any information on revised site plan prior to the meeting, and requested time to review it before the Commission made a decision on the project. The Commission requested that staff research crime statistics further, and that a member of the Police Department be present at the next meeting. A MOTION WAS MADE BY SPEAKER, SECOND BY SHOMAKER, TO CONTINUE CONDITIONAL USE PERMIT NO. 00-58 /VARIANCE NO. 00-17 TO THE MEETING OF MARCH 13, 2001, BY THE FOLLOWING VOTE: AYES: Kerins, Shomaker, Mandic, Kokal, Speaker NOES: Livengood ABSENT: Hardy ABSTAIN: None MOTION PASSED B 2.a, CONDITIONAL USE PERMIT NO. 00-77 LIVE ENTERTAINMENT AT GIUSEPPE'S : icant: Michael P. Timmons Property Owner: Pac Pacific Request: To permit live ente ent (karaoke, light jazz) at an existing 3,000 sq. ft. restaurant and bar Location: Edinger(southwest corner of Edinger and Springdale) Project Planner: San ornton • Conditional Use Permi 00-77 re guest: - Permit live entertainmen poke and light jazz) at an existing 3,300 square foot restaurant and bar. Staffs Recommendation: Approve Conditional Use Permit No. 00-77 base the following: - Proposed live entertainment provides additional en nment and services to the citizens of Huntington Beach; with conditions impos staurant use will not impact surrounding properties. - Separated from residential uses by buffer. - No anticipated adverse noise impacts. G ARobinW mutes\01 p=0227 Planning Commission Minutes Page 7 March 13,2001 Staff's Recommendation: Deny Conditional Use Permit No. 00-58 based upon the following: - The proposed project does not achieve the optimum site planning and architectural design as envisioned by the General Plan and citywide Urban Design Guidelines. - The development is inconsistent with General Plan goals for high quality site planning and building design which encourage the placement of buildings in proximity to street frontages to convey a visual relationship to the street and sidewalks. - The proposed design does not comply with citywide Urban Design Guidelines for service stations that recommend; a) site design for corner lots to convey a strong link to the street or corner, b) screening of gas pump canopies by the main building, and c) orienting the retail market building segment of the facility towards the street frontage. Staff made a presentation to the Commission. THE PUBLIC HEARING WAS OPENED: Richard Loyd, Chevron Corporation, 145 S. State College Blvd., Brea, CA 92822, presented a revised site plan that exceeds the standard landscape requirements. He explained that Chevron was opposed to the reverse layout design because of the visual barrier the building creates by being located at the corner of the site. He stated this layout would have an adverse impact on the center itself. He also outlined the interior layout, stating that it was traditional and consistent with industry standards. Mike Biggs, Chevron Corporation, 145 S. State College Blvd., Brea, CA 92822, spoke in opposition to the reverse layout design and reminded the Commission that safety is paramount in a business of this type. He stated that security reviews conducted identify three main concerns: employee training, employee visibility, and employee security. He also named individuals who were present to speak in opposition to the reverse layout design. Earle Robitaille, retired Huntington Beach Police Chief, 6552 Sabbicas Circle, Huntington Beach, CA.92647, identified himself as an expert witness in security issues and spoke in opposition to the reverse layout design, citing that the design does not meet certain safety standards such as defensible space, access control, lighting, landscaping and surveillance. He stressed the importance of clear visibility of the area near the cash register from the street, sidewalks and gas pumps. Jack Rand, Private Investigator and retired Huntington Beach Police Officer, 28670 Avenida Marbella, Menifee, CA 92584, identified himself as an expert in surveillance and spoke in opposition to the reverse layout design. He mentioned that he visited three (3) service station sites with reverse layout design, and stated that such a design creates safety problems because of decreased visibility to law enforcement patrol. Chairperson Mandic asked if convenience stores record the highest robbery statistics. Mr. Rand explained that businesses with outside visibility problems and located within areas with minimal police representation are at higher risk for robberies. G:\Robin\Minutes\lpcm03l3 Planning Commission Minutes Page 8 March 13,2001 Nick Ekovich, Huntington Beach Police Officer, 26954 Huron Road, Arrowhead, CA 92352, spoke.in opposition of the reverse layout design, echoing the statements made earlier regarding safety and visibility. He stated that service station convenience stores should be located in the interior of the lot behind the gas pumps, so that law enforcement can see into the store, and in turn, are visible to criminal suspects inside the store. Arden Beavers, retired Huntington Beach Police Officer, 6121 Palisade Drive, Huntington ` Beach, CA 92647, spoke in opposition to the reverse layout design, stating that it blocks traffic visibility. He mentioned that Chevron Corporation paid him to attend the meeting because of his surveillance experience, and also stated that window visibility provides passers by the opportunity to report crimes on cell phones. Rosemary Erickson, Athena Research/Chevron Consultant, 3021 281h Street, San Diego, CA 92104, spoke in opposition to the reverse layout design. Ms. Erickson stated Athena did field research on convenience stores and found the following areas of improvement reduced robberies by 65% to 70% since the 1970's: 1) large amount of window space for increased visibility; 2) enhanced lighting; and 3) counter/cash register location. Dick Harlow, 211 Main Street, Huntington Beach, CA 92648, spoke in opposition to the reverse layout design. He stated that the proposed project meets all the design criteria listed in the Urban Design Guidelines, with the exception of the reverse layout. He also stated that the design layout is important from a vehicular, not pedestrian visibility standpoint, and that it is estimated that 40,000 vehicles pass the project site per day. NO ONE ELSE WAS PRESENT TO SPEAK AND THE PUBLIC HEARING WAS CLOSED. Commission Members disclosed the names of individuals who contacted them on behalf of the applicant. Commissioner Livengood prepared bullet point information designed to assist the Commission on language interpretation and project compliance with the design criteria outlined in the Urban Design Guidelines. Discussion ensued regarding the aesthetics of the reverse layout design, window size and style, landscaping, lighting, street visibility and employee/patron safety. Certain members of the Commission voiced strong concerns about safety, and provided the opinion that women not familiar with their surroundings feel vulnerable when entering a service station not visible to the street. The Commission also pointed out that the reverse layout design hides stores located within the shopping center, creating marketing disadvantages for those businesses. The Commission mentioned that the Huntington Beach Union High School District Superintendent is on record opposing the project based on the proposed alcoholic beverage sales. G:\Robin\Minutes\1 pcm0313 Planning Commission Minutes 1 Page 9 March 13,2001 The Commission asked why the statistical information on criminal activity provided by the applicant and staff differed greatly. They also voiced concerns on whether or not these statistics were critical in deciding which design layout would be appropriate. Jan Thomas, staff consultant for Crime Prevention Through Environmental Design (CPTED) issues, visited the Monarch Beach service station site referenced by staff, Commissioners and speakers. She addressed the Commissioners concerns about visibility issues. She also stated that research conducted by staff showed no difference in criminal activity linked to the reverse layout design. She stressed that window design can increase visibility and security. Staff reminded the Commission that the Urban Design Guidelines were created to upgrade the character of community and move the City towards achieving aesthetically enhanced projects. A MOTION WAS MADE BY KERINS TO DENY CONDITION USE PERMIT NO. 00-58. MOTION FAILED DUE TO LACK OF SECOND. The Commission read aloud site-specific findings, and suggested they be included in a motion to approve. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SHOMAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 00-58 WITH MODIFIED FINDINGS AND CONDITIONS OF APPROVAL TO INCLUDE PROHIBITION OF ALCOHOL SALES BETWEEN THE HOURS OF 12:00 A.M. TO 6:00 A.M. DAILY, BY THE FOLLOWING VOTE: AYES: Hardy, Shomaker, Mandic, Livengood, Kokal, Speaker NOES: Kerins ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO. 00-58 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 Class 2, Replacement or Reconstruction, Section 15302 of the CEQA Guidelines, because replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced are exempt from further environmental review. FINDINGS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 00-58 1. Conditional Use Permit No. 00-58 for: a) the demolition of an existing service station facility and establishment, maintenance and operation of a new service station with a 2,045 sq. ft. convenience market, a freestanding gas pump canopy (24-ft. high by 38-ft. G:1RobinlMinutesll pcm0313 Planning Commission Minutes 1s Page 10 DUFT 11 March 13,2001 € R � wide by 52-ft. long), two (2) self-serve pump islands with four (4) dual-sided pumps, two (2) underground storage tanks and associated site improvements on a 22,500 sq. ft. lot; and b) to permit the sale of alcoholic beverages (beer and wine) for off-site consumption 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 development is consistent with General Plan goals for high quality site planning and architecture. The project incorporates landscaping along street frontages. The architectural treatment of the building minimizes visual bulk and mass. Twenty-four hour convenience stores are susceptible to armed robbery. The sitting of the building at the rear of the property provides security for customers and employees with improved visibility into the store. Safe pedestrian access is provided via the sidewalk on Goldenwest Street. Site layout is designed to provide maximum safety for both vehicular and pedestrian traffic. 2. The conditional use permit will be compatible with surrounding uses because the project will be designed to provide adequate space for passenger vehicle and truck access. One surplus parking space will be provided on site in excess of the 11 parking spaces required to serve the facility. Twenty-four hour convenience stores are susceptible to armed robbery. The sitting of the building at the rear of the property provides security for customers and employees with improved visibility into the store. Safe pedestrian access is provided via the sidewalk on Goldenwest Street. Site layout is designed to provide maximum safety for both vehicular and pedestrian traffic. 3. The proposed service station development plan 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 including street-side and corner landscape code requirements. 4. The granting of the conditional use permit will not adversely affect the General Plan because it is consistent the following goals and policies of the General Plan: Goal LU 4: Achieve and maintain high quality architecture, landscape and public open spaces in the City. Policy LU 10.1.12: Require that Commercial General uses be designed and developed to achieve a high level of quality distinctive character and compatibility with existing uses including the consideration of: a) Incorporation of site landscape, particularly along street frontages and in parking lots. The distinctive design of the food store meets the Urban Design Guidelines outlined in Chapter 4, General Commercial: o high quality innovative design o store design, not typical corporate design o variation in form, building details o distinctive massive elements, trellises on side of building o entries readily identified with tower overhang o compatible with other tenants G ARobin\Minutes\1 pcm0313 Planning Commission Minutes Page 11 March 13,2001ONAtal i o cornice treatments on both store and gas canopy o building with angled corners and angled orientation o quality materials used in exterior of building Policy CE 7.2.3: Encourage that all proposed building sites adjacent to a scenic highway. Include open space, plazas, gardens, or landscape areas which enhance the scenic highway and create a buffer between the building site and the scenic highway. The Urban Design Guidelines, Chapter Six, C—Service Stations. The site design and building location, on one of the busiest corners in this City, is not conducive to orienting the building along street frontage due to safety reasons. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 00-58 1. The floor plans and elevations received and dated December 13, 2000 and the site plan received and dated March 2, 2001, shall be the conceptually approved layout with the following modifications: a. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) b. 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 rights-of-way. 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. (Code Requirement) c. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15.feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air 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 screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) d. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. e. Energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. Outdoor lighting shall be located to maximize effective illumination and facility security. (PD) f. The driveway entrances shall have textured and colored pavement (behind sidewalk on private property). (PD) G:\Robin\Minutes\1 pcm0313 Planning Commission Minutes ` Page 12 March 13,2001 g. The emergency exit near the restrooms shall be alarmed at all times. (PD) h. The development shall be reviewed by the Design Review Board (DRB) and modified in accordance with DRB conditions of approval. DRB review shall include but shall not be limited to the following; • building entry design, • architectural treatment of the rear building elevation, • gas-pump canopy design, • gasoline brand identity features, • fenestration, • pedestrian access and walkways, • driveway hardscape treatment, • landscape screening, • site and building lighting • building materials and colors. 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 PCBs. 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. f. A truck hauling and routing plan for all trucks involved in asbestos removal and demolition of the existing structures shall be submitted to the Department of Public Works and approved by the Director of Public Works. g. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. 3. Prior to issuance of grading permits, the following shall be completed: G:1RobinlMinutesll pcm0313 Planning Commission Minutes Page 13 March 13,2001 URAFY a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) b. A detailed soils analysis shall be prepared by a Registered Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, streets, and utilities. (PW) c. I accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. "Best Management Practices" shall be identified and incorporated into the design. (PW) d. A remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties. (PW) e. The name and phone number of a field supervisor hired by the developer who is on-site shall be submitted to the Planning Department and Public Works Department. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 ft. indicating whom to contact 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 number of the applicant's contact, City contact (Jack Miller(714) 536-5517) regarding grading and construction activities, and "1-800-CUTSMOG" if there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) f. The applicant shall notify all property owners and tenants within 300 ft. of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) g. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (PW) h. The developer shall coordinate with the Department of Public Works in developing a truck haul route if the import or export of material 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. (PW) i. A plan shall be prepared and submitted to both Planning and Public Works Departments identifying wind barriers and screening around remediation equipment and materials. (PW) G:\Robin\Minutes\1 pcm0313 • Planning Commission Minutes w Page 14 March 13,2001 -.x, -.-U I j. A plan shall be prepared and submitted to the Public Works Department for review and approval that details how all drainage associated with the remediation efforts shall be retained on site and how no wastes or pollutants shall escape the site. (PW) 4. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. All f ire Department requirements shall be noted on the building plans. (FD) 5. Prior to issuance of building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department and submit 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials sample board, and massing model to the Planning Department for inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36- inch box trees and shall be incorporated into the project's landscape plan (PW) (Code Requirement) c. An interim parking and building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. d. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape standards and specifications. (PW) 6. During demolition, grading, site development, and/or construction, the following shall be adhered to: G:1RobinlMinutesll pcm0313 Planning Commission Minutes Page 15 March 13,2001 DRAF.1 a. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soils damp enough to prevent dust raised by the operations. (PW) b. Wet down areas to be graded or that are being graded in the late morning and after work is completed for the day. (PW) c. 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. (PW) d. The construction disturbance area shall be kept as small as possible. (PW) e. 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. (PW) f, Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt from leaving the site and impacting public streets. (PW) g. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. Wind barriers shall be installed along the perimeter of the site. (PW) i. The remediation operations shall be performed in stages concentrating in single areas at the time to.minimize the impact of fugitive dust and noise to the surrounding areas. (PW) j. Use low sulfur fuel (.05%) by weight for construction equipment; k. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); I. Discontinue construction during second stage smog alerts. 7. Prior to final building permit inspection and approval the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) A new 6-inch sewer lateral shall be installed, unless the existing sewer lateral is verified to be of adequate size and in satisfactory condition to serve the new building. 2) The existing water service currently serving the site may potentially be utilized for domestic purposes if it is of adequate size, conforms to current standards, and is in working condition as determined by the Water Division. If a new water service is necessary, it shall be installed per Water Division standards and sized to meet the G:\Robin\Minutes\1 pcm0313 Planning Commission Minutes DRAFT__�i Page 16 March 13,2001 minimum requirements set by the Uniform Plumbing Code and Uniform Fire Code. (PV1n 3) The existing water meter shall be replaced with a touch-read meter, and sized to meet the minimum requirements set by the Uniform Plumbing Code and Uniform Fire Code. (PW) 4) Relocate the existing air and vacuum release assembly along Goldenwest Street so that it is clear of the widened driveway. (PW) 5) A separate domestic/irrigation water meter and service, sized to meet the minimum requirements set by the Uniform Plumbing Code and the Uniform Fire Code, if applicable. The service lateral shall be a minimum of 1-inch in size. Meter shall be touch-read type. (PW) 6) Separate backflow protection shall be installed per the City of Huntington Beach Water Division standards for domestic, irrigation and firewater services. (PW) 7) The two existing driveways nearest to the intersection of Goldenwest Street and Warner Avenue shall be removed and replaced with curb, gutter and sidewalk. (PW) 8) Reconstruct the entire two driveways to be widened so that they meet current standards and ADA requirements. (PW) 9) Remove and replace the existing wheelchair ramp with an ADA compliant wheelchair ramp. (PW) 10)Maintain the existing bus stop and bus-shelter on the east side of the project. Re- paint the red curb upon completion of the frontage work. (PW) 11)Installation of required landscaping and irrigation systems shall be completed prior to final inspection within 12 months of entitlement. (PW) 12)All landscaping 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 prior to final inspection and approval. (PW) 13)Applicant shall provide City with Microfilm copies (in City format) and CD (Auto CAD 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. (PW) 14)Motor Fuel Dispensing Areas—Areas used for motor fuel dispensing shall be paved with concrete (no use of asphalt). Concrete surfacing to extend 6 'h' from the corner of each fuel dispenser in any direction. This distance may be reduced to the maximum length that the fuel dispensing hose and nozzle assembly may be operated in any direction plus one (1) foot. In addition, the fuel dispensing area G:\Robin\Minutes\1 pcm0313 Planning Commission Minutes RA" I Page 17 March 13,2001 shall be graded and constructed so as to prevent drainage flow either through or from the fuel dispensing area. (PW) 15)Motor Fuel Dispensing Area Canopy—All motor fuel concrete dispensing areas shall have a canopy structure for weather protection, extending over the motor fuel concrete dispensing area. (PW) 16)Motor Fuel Concrete Dispensing Area Interruptible Drainage—The concrete motor fuel dispensing area will be graded and constructed so as to drain to an underground clarifier/slump/tank equipped with a but-off valve that can stop the further draining of storm water or spilled material there from into the street or storm drain system. Spills will be immediately cleaned up according to Spill Contingency Plan. (PW) 17)Trash Container(Dumpster) Areas—Trash container (dumpster) areas shall have drainage from adjoining roofs and pavements diverted around the trash container area(s). (PW) 18)For trash container areas associated with the fuel dispensing, vehicle repair/maintenance, and industry, such areas shall be roofed over or drained to a water quality inlet, engineered infiltration/filtration system, or equally effective alternative. (PW) 19)Self-contained Areas for Washing/Steam Cleaning/Maintenance/Repair/Materials Processing-Self contained areas are required for washing/steam cleaning, wet material processing, and maintenance activities, specifically where vehicle repair /maintenance occurs, impermeable berms, drop inlets, trench catch basins, or overflow containment structures shall be provided around repair bays to prevent the spilled materials and wash down waters from entering the storm drain system. (PW) 20)Water Inlets—Water Quality inlets designed to remove free phase liquid petroleum compounds, grease, floatable debris, and settable solids can be used. (PW) 21)Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 22)Address numbers will be installed on all structures to comply with Fire Dept. City Specification No. 428. (FD) 23)Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) 24)Fire lanes shall be designated and posted to comply with City Specification 415. (FD) 25) Fire access roads shall be provided in compliance with City Specification 401. Include the Circulation Plan and dimensions of all access roads. (FD) G:\Robin\Minutes\1 pcm0313 Planning Commission Minutes Page 18 P r March 13,2001 26) Submit a Fire Protection Plan in compliance with City Specification 426 for Fire Department approval. (FD) 27) Installation and%or removal of underground flammable or combustible liquid storage tanks shall comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. (FD) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. c. 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. 8. The use shall comply with the following: a. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. b. No alcoholic beverage sales shall be permitted between the hours of 12:OOp.m - 6:00a.m. c. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 9. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. 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 HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 00-58 shall not become effective until the ten-calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-58 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. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 00-58 pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. G:\Robin\Minutes\lpcm03l3 Planning Commission Minutes Page 19 T ; March 13,2001 "iMF i 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of$43.00 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 Planning Commission's action. 8. 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. 9. All permanent, temporary, or promotional signs shall conform to Planned Sign Program NO. 00-07 and/or 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. 10.Traffic Impact Fees shall be paid. (PW) 11. Standard landscape code requirements apply (Chapter 232 of the HBZSO). (PW) 12. State-mandated school impact fees shall be paid prior to issuance of building permits. 13.A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. C. CONSENT CALENDAR C-1. NNING COMMISSION MINUTES DATED FEBRUARY 23 2001 A MOTION WAS Y KERINS, SECOND BY SHOMAKER, TO APPROVE THE , MINUTES OF FEBRUAR 01, BY THE FOLLOWING VOTE: AYES: Kerins, Shomaker, Mandi , good, Kokal, Speaker NOES: None ABSENT: None ABSTAIN: Hardy MOTION PASSED G ARobinlMinutesX1 pcm0313 DATE: 1/23/01 STAFF ALTERNATIVE SITE PLAN • e Reciprocal Access. t Driveway t I . <` Gas-Pump 10.. Islands > 9W ♦ • 1 d 4 ,,. Mini-Market 1845 sq.ft. 1 .ri •�� ®;/ Sign t Reciprocal Access & Driveway i GOLDENWEST STREET NORTH " _4% 4 Starling Thomas Concepts Crime Prevention Through Environmental Design(CPTED) Jan Thomas PO BOX 2201 Mission Viejo, CA 92690-0201 Phone/fax 949.348.8186 TO: Amy Wolfe FROM: Jan Thomas, CPTED Consultant, HB Police Department RE: CHEVRON SERVICE STATION GOLDENWEST STREET& WARNER AVENUE -CPTED EVALUATION DATE: March 2, 2001 I have reviewed two different plans for a Chevron service station for the southwest corner of Goldenwest Street and Warner Avenue. One plan was proposed by Chevron and the other by the City of Huntington Beach Planning Department. My review is from a Crime Prevention Through Environmental Design(CPTED)perspective and does not necessarily address overall appearance or marketing concerns. There are two main CPTED issues to consider when analyzing a service station or small stand alone convenience market: potential escape routes for suspects and overall visibility. A third element to consider is the hours of operation of the service station or convenience market in relation to other businesses in the immediate area. The following is an analysis of the main CPTED concerns for the proposed development. CITY PLAN: Visibility: There is ample opportunity for visibility to the service station from 1)the commercial center to the southwest of the proposed service station, 2)passersby, motorists and police on Goldenwest Street and Warner Avenue who have a line of sight to the front door of the station, and 3) windows that are planned in the back of the building on either Goldenwest Street or Warner Avenue. It is important to note that the effectiveness of the windows in the back of the building (on the street side) is critical to deterring and/or detecting criminal activity. The gas pumps can be seen from both main streets as well. I have inspected, during nighttime hours, a reverse design service station in another area of Orange County. From the street I could see activity in the store through the back windows. (Although this particular store had displays in front of the windows.) Overall, my visibility concerns were minimal. The ability to see into the store from the street was adequate. While inside the store, I noticed that the effect of windows on three walls could make a potential offender uncomfortable. It would be unknown if someone was watching and looking in one of those windows. The offender would have less perceived control due to the amount and location of the windows. The City of Tustin currently has two reverse design service stations. The City of Tustin has not experienced a decrease or an increase in crime with either of these stations. However, there have not been a significant number of service stations built to this design in the Orange County area so as to make an adequate and meaningful comparison. Escape Route: The City's plan provides for a good opportunity to deter a robbery or other crime. With the service station positioned on the intersection corner, an offender would likely park in the shopping center lot thus risking his vehicle being identified or at a location a significant distance away from the station. In the latter case the suspect has a greater risk of being seen as he quickly flees the area. A suspect cannot approach from behind the building without risking being seen by motorists on Goldenwest Street or Warner Avenue. The clerk has a good view of the commercial parking lot and might be able to identify a suspect vehicle and see the suspect approaching. The clerks would have reasonable control over their environment. Hours of the commercial center: The Chevron station is proposed to operate 24 hours a day. The Ralph's grocery store, southwest of the station in the same commercial center, is closed from 1:00 am until 6:00 am. There will be little activity in the commercial center parking lot between the hours of 1:00 a.m. and 6:00 a.m. Therefore-opportunities for visibility into the service station from the commercial center are limited during these hours. However,the service station backs up to the street so it is less vulnerable to crime behind the building. The neighboring commercial center will benefit from the Chevron station facing inward. The activity around the pumps and the existence of the clerk can deter crime in the front of the commercial center. CHEVRON'S PLAN: Visibility: The opportunity for visibility is a significant benefit in the prevention of crime. The plan as submitted by the Chevron Oil Company provides the most amount of visibility into the station and convenience store for passersby,motorists and police officers on Goldenwest Street and Warner Avenue. Police and passersby can see clearly into the service station when approaching or entering the property. Optimum visibility is from the street; that is accomplished in this plan. However, this plan does not allow for neighboring businesses and customers of the commercial center to "passively survey"the station. 2 Escape route: The placement of the building has disadvantages for crime prevention. A common mode of operation for a convenience store robber is to park in an area hidden from the clerk's view and approach the store from the back. There is no parking on Goldenwest Street or Warner Avenue so the suspect would likely park behind the building,thus blending into the other cars parked in the commercial lot. The suspect would then approach the store from around the back, rob the clerk and return to the suspect's car in the back of the store. The clerk would likely not be able to obtain a vehicle description. Hours of the commercial center: The activity in the surrounding area is an important crime prevention issue to consider. Chevron is proposed to operate 24 hours a day. The Ralph's grocery store is closed from 1:00 am until 6:00 am. Since there would be little legitimate activity in the commercial lot behind the station from 1:00 a.m. to 6:00 p.m.,the Chevron station would be more vulnerable to criminal activity behind the building, which could go unnoticed. Conclusion: CPTED related concerns with either the City or Chevron's plan for the service station are minimal. Each plan, as noted above, has its strengths and weaknesses. Both plans would be effective to accomplish the public safety goals of the Huntington Beach Police Department. 3 w . �p City of Tustin- Comm. Dev. 714- 573-3129 p. 10 Exhibit A, Resolution No. 9"1 cit/Council August 3, 1968 Rage 8 POTENTIAL ACCESS TO ADJACMr COMMERC=,CUTER PROPERTY LSNE I I 6�8• MA8ONR7 KALL 1 if 1 I • TRasa ENcrosvRE . PAVEMM DRIVE APRON 1% ASR a NATEA SER71C8 y It7N zzu PAItkr C `. / PALaw SPACES . � '// =O98RED,PGY>�SLANrD9 CA3RIEJt, ccmvrSNCS / BTCAS AND AESTgoo)(S / • / PERSIff:ER FLANTEY �► 4 • saA•rzct aAps LAMS E BERX Q• CONCRETE Cm n /. i L7LNL3 8 PLAJJT3A ANT SSGN FLL'iDSCAi� � � � DA7Y8 APRON FSQPERTY LIN>Z s:M••neaff PER STREET c_snr MSTas PLAN EXHIBIT A City of Tustin/ Auto Service Design Guidelines (Exhibit A- reverse design layout) ti 0&1 s ti.. r ■ 1. ii ii ' St. off SR55 canopy/(Street side view of Canopy , � .-- _- ; ' =�''� _. _ _ I ' � ""'rf 3"g� �. _ _ _� �f�. � y„"_ -�- 11 1 1 1 I 1 1 1 1 1 4 3. Chevron Station/ Tustin - 19`h St. off SR55 (Convenience market front elevation/ Prototype building with minor enhancements) J 4. Chevron Station/Dana Point—Coast Highway@ Monarch Bay (Convenience market comer elevation/ Convenience market as comer focal point/Ample window glazing and visibility) i .J Q0 5. Chevron Station/ Dana Point—Coast Highway@ Monarch Bay (Convenience market street side facing elevation/Non-prototype building design with added window glazing and architectural details) o� 1ChevronStation/ P1 —Coast ' Monarch i . HME- N.r T January 22,2001 City of Huntington Park Planning Commission 2000-Main Street Huntington Beach,CA 92648 SUBJECT.- CONTMONIAL USE PERMff NO.00.581 VARIANCE NO.00-17 6972 WARNER AVENUE Dear Planning Commission Members: I am the daughter of Bernard Samson the owner of the adjoining property at 6913.6932 Warner Avenue. He has directed me to submit the following cortunents on behalf of the Samson Fancily Trust. While Mr.. Samson does not oppose the approval of a service station for that site,he adamantly opposes the issuance of variances to reduce the landscape and setback requirements. The project proponent should be held to code requirements,especially given that the property is within the City's Design Corridor Also,Mr. Samson is concerned about the site becoming a hangout for day workers given its proxiauty to Home Depot. This issue should be considered when the Commission detennines whether to allow a convenience market and the sale of alcoholic beverages at that sttc. If we can provide any additional information,please call me at(213) 743-5086, ext.355. Please provide a copy of the decision and conditions of approval. Sincerely, Joan Samson Friedman C:Bernard Samson Gary Sa=oa TOTAL P.02 i RCA . ,ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Appeal of CUP No. 00-58 (Chevron Service Station at the SWC of Goldenwest St. and Warner Ave. COUNCIL MEETI463 DATE: May 7, 2001 RCS ATTA :HIMENTS STATUS Ordinance (w/exhibits. & legislative draft if applicable) Not Applicable Resolution (w/exhibits: & legislative draft if applicable) Not Applicable Tract Map, Location Map and for other Exhibits Not Applicable Contract/Agreement (vAxhibits if applicable) Signed in full b the City Attomeyj Not Applicable Subleases, Third Party Agreements, etc. Approved as to form by City Attorne ) Not Applicable Certificates of Insurance (Approved by the City Attorney Not Applicable Financial Impact Statement (l;lnbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicabeE) Attached Commission, Board or Committee Report (If applicable) Attached Findings/Conditions for Aporoval and/or Denial Attached EXPLAf�13TION FOR MISING ATTA�HNIO NTS REV1Ellelp RET_UR1Eb FORWARDED Administrative Staff .: ( ) ( ) Assistant City Administrator. (Initial) ( ) ( ) City Administrator tinifiab } ( } City Clerk ( ) � EXPLANATION _OF RETURN I-B61ow Space ForOnly) RCA Author: HZ:SH:AW:kjl ' I CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST -�G�U7E+O�vEsT SUBJECT: C rW\lzo •D pwl ' -MEETING DATE: O. COtj 7ACT-. lk M ln)O 6 PHONE:_ �� S )M3 M ( ) ( ) Is the notice attached? Do the Heading and CIosing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) ( ) Are the date.. and time of the public hearing correct? i ( ) ( ) If an appeal,is the appellanes name included in the notice? ( ) ( ) If Coastal Development Permit,does the notice include appeal language? j ( ) ( ) Is there as Environmental Status to be approved by Council? ( ( ) ( ) Is a map attached for publication? (-) O Is a larger ad required? Size . ( ) • ( ) Is the verification statement attached indicating the source and accuracy of the mailing list? r ( ) ( ) Are the applicant's name and address part of the marling labels? C'De�D�e-C 9 D Are the appellanes name and address part of the mating labels? ( ) ( ) I Coastal Development Permit,is the Coastal Commission part of the maz'ling j ` O O If Coastal Development Periait,are the resident labels attached? ( ) ( ) Is the Report 33433 attached? (Economic Development Dept.items only) Pleasl complete the following: ro ' - 1. minimura days from publication to hearing date 2. Number of times to be published 1 3. Number of days between publications 21 : W s Rai r u MEETING DATE: May 7, 2001 DEPARTMENT SUBJECT: REQUESTING: Community Services Amending the City Fee Resolution by Amending Community Services Fees for 2002 Public Works Greystone Keys Maintenance Association to allow Police Dept. to enforce Calif. Vehicle Code in that area. Public Works Weeds & Rubbish Planning Appeal of CUP No. 00-58 (Chevron Station) TODAY'S DATE April 17, 2001 VERIFIED BY � ADMININSTRATION: APPROVED BY: Q Ray Silver 4/17/01 9:10 AM PROOF OF PUBLICATION STATE OF CALIFORNIA) . ) Ss. County of Orange ) am a Citizen of the United States and a NOTICE OF I Sociated Site improve- PUBLIC HEARING I ments on a 22,500 sq.ft. resident of the County aforesaid; I am BEFORE THE CITY I corner lot; and b) permit COUNCIL OF. THE alcoholic beverage sales over the age of eighteen years and not a CITY OF (beer and wine) for off- HUNTINGTON site consumption. Loca party to or interested in the below tion: 6972 Warner Ave i BEACH nue(SWC of Warner Av- entitled matter. I am a principal clerk of NOTICE IS HEREBY Street) a and Golde Planner:: p p � GIVEN that on Monday, Street) Project Planner:; May 7, 2001, at 7:00 PM Amy Wolfe the HUNTINGTON BEACH INDEPENDENT, a in the City Council NOTICE IS HEREBY Chambers, 2000 Main GIVEN that Item #1 is newspaper of general circulation, printed Street, Huntington categorically exempt and published in the City of Huntington Beach, the City Council from the provisions of will hold a public hearing the California on the following planning Environmental Quality; Beach, County of Orange State of and zoning items: Act. , 1. APPEAL OF ON FILE: A copy of the California and that attached Notice is a THE PLANNING proposed request s on , MISSION'S APPROOVALVAL file in the City Clerk's Of- , OF CONDITIONAL USE Tice, 2000 Main Street, true and complete copy as was printed PERMIT NO. 00-58 Huntington Beach, Cali- (WARNER/ GOLD- fornia 92648, for inspec- and published in the Huntington Beach ENWEST CHEVRON tion by the public.A copy SERVICE STATION): of the staff report will be and Fountain Valley issues of said Applicant: Jim Forgey, available to interested newspaper to wit the issue(s) of: 1201 S. Beach , Lale- parties at the City vard , vard, Suite #207 La Clerk's Office after Fri- Habra, CA 90631 Ap- day, May 4, 2001. pellant: Debbie Cook, ALL INTERESTED Huntington Beach PERSONS are invited to Mayor Pro Tempore Re- I attend said hearing and' quest: Appeal of the express opinions or Planning Commission's ! submit evidence for or !approval to permit the against the application April 26 2001 construction and opera as outlined above. If you tion of a service statiori. challenge the City Coun- Conditional Use Permit cil's action in court, you No. 00-58 represents a may be limited to raising request to: a) demolish I only those issues you or the existing service sta- someone else raised at tion facility and permit the public hearing de- declare under penalty of perjury, that construction of service scribed this r station with a 2,045 sq. notice, or in written cor- ft. convenience market, respondence delivered the foregoing is true and correct. a freestanding gas pump to the City at, or prior to, canopy (24-ft. high by the public hearing. If 38-ft. wide by 52-ft. there are any further long), two (2) self-serve questions please call the pump islands with four Planning Department at Executed on April 26 2001 (4) dual-sided pumps, 536-5271 and refer to two (2) underground the above items. Direct at Costa Mesa, California. storage tanks and as- your to ten City Clerk.a bons to the Ci Clerk. Connie Brockway, City Clerk, City of Huntington Beach, 2000 Main Street, 2nd Floor, Huntington Beach, California 92648 (714) 536-5227 Published Huntington Beach-Fountain Valley Independent April 26, Signature 2001 044-717 d �-17—cd NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, May 7, 2001, at 7:00 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. 00-58 (WARNER/ GOLDENWEST CHEVRON SERVICE STATION): Applicant: Jim Forgey, 1201 S. Beach Boulevard, Suite # 207, La Habra, CA 90631 Appellant: Debbie Cook, Huntington Beach Mayor Pro Tempore Request: Appeal of the Planning Commission's approval to permit the construction,and operation of a service station. Conditional Use Permit No. 00-58 represents a request to: a) demolish the existing service station facility and permit construction of a service station with a 2,045 sq. ft. convenience market, a freestanding gas pump canopy (24-ft. high by 38-ft. wide by 52-ft. long), two (2) self- serve pump islands with four (4) dual-sided pumps, two (2) underground storage tanks and associated site improvements on a 22,500 sq. ft. corner lot; and b) permit alcoholic beverage sales (beer and wine) for off-site consumption. Location: 6972 Warner Avenue (SWC of Warner Avenue and Goldenwest Street) Project Planner: Amy Wolfe 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 City Clerk's Office, 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 after Friday, May 4, 2001. 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 Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 1 (g:1ega1s:01cc0507) J� CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Connie Brockway, City Clerk FROM: Amy Wolfe,Associate Planner SUBJECT: PLO 1-16 (CUP 00-58/Warner Goldenwest Chevron Station Appeal) DATE: April 13, 2001 Please be advised that on April 12, 2001 the Planning Department(Noemi Alvarado)updated the mailing labels which were provided by the applicant for the subject application, to reflect the most recent County Tax Assessor's property ownership roll information. V"096s iaseI slagej ssaippd GAUSIAV 300' OWNERS LIST PREPARED ON: 8117/00 APPLICANT/OWNER: APN 165 081 10 BY: CATHY MCDERMOTT CHEVRON USA SITE: CHEVRON OWNERSHIP LISTING SERVICE PO BOX 2292 909 699 8064 BREA CA 92822 DAT SOURCE: METROSCAN 7/00 ATTN JACKIE GINNIS REPRESENTATIVE: 1. 11101001 2. 14225316 RHL DESIGN GROUP SCHOOL HUNTINGTON BEACH U WILLIAM/BOSTON WEST LANDIS 1201 S BEACH BLVD#207 10251 YORKTOWN AVE 3336 E 32ND ST#217 �AA LA HABRA CA 90631 HUNTINGTON BCH CA 92646-2926 TULSA OK 74135-4442 7�HVl: �,1l k �4rOG� 3. 142 253 17 S �{ l 4. 14225324 5. 146591 03 WILLIAM LANDIS WILL LA WARNER-WEST LTD 1901 AVENUE OF STARS#670 1901 V U S A #670 1453 3RD ST#490 LOS ANGELES CA 90067-6098 LOS N L A 9 67-6098 SANTA MONICA CA 90401 6. 146591 04 7. 165081 10 8. 16508117 BETTY CROUCH &M.WISE R S&JAN MINNICK BERNARD SAMSON 16971 GOLDENWEST ST 12269 SKY LN 10490 WILSHIRE BLVD HUNTINGTON BCH CA 92647-5443 LOS ANGELES CA 90049-1410 LOS ANGELES CA 90024-4646 9. 165081 19 10. 165 081 20 Records Processed - 10 RALPHS GROCERY CO FRED LANE Dups screened = 0 PO BOX 54143 2002 STRADELLA RD CRs Screened = 0 LOS ANGELES CA 90054-0143 LOS ANGELES CA 90077-2323 Bad addressess — 0 Labels produced = 10 146 591 04 165 081 17 William Wise Bernard Samson P.O. Box 52085 10490 Wilshire Blvd., Suite 1104 Phoenix, Az 85072-2085 Los Angeles, CA 90024-4648 z09LS loj ajeldwa;asn w.AaNS RaJ 41001US PUBLIC HEARING NOTIFICATION CHECKLIST"B" MAILING LABELS-Feb aM,l G:Labels\Labels\Public Hearing President 1 1 H.B. Chamber of Commerce F - 2100 Main Street,Suite 200 Huntington Beach,CA 92648 #, jp bDoo/la ��1f 2 aam D.Holman 11 Cou nty unty Assoc.of Realtors PLC 25552 La Paz Road 19 Corporate Plaza Drive ] Laguna Hills,CA 92653 Newport Beach CA 92660-7912 VIr.Tom Zanic 12 Edna Littlebury 17 `ew Urban West Gldn St.Mob.Hm. Owners Leag. 520 Broadway Ste. 100 11021 Magnolia Blvd. Tanta Monica,CA 90401 Garden Grove,CA 92642 Pres.,H.B.Hist.Society 13 Pacific Coast Archaeological 18 ::/O Newland House Museum Society,Inc. 19820 Beach Blvd. P.O.Box 10926 Huntington Beach,CA 92648 Costa Mesa,CA 92627 Attn:Jane Gothold President 5 Community Services Dept. 14 County of Orange/EMA 19 Huntington Beach Tomorrow Chairperson Michael M. Ruane,Dir. PO Box 865 Historical Resources Bd. P.O.Box 4048 Huntington Beach,CA 92648 Santa Ana,CA 92702-4048 County of Orange/EMA 19 Thomas Mathews P.O.Box 4048 Santa Ana,CA 92702-4048 Planning Department 19 Orange County EMA P. O.Box 4048 Santa Aria,CA 92702-4048 County of Orange/EMA 19 Tim Miller P.O.Box 4048 ..,......b..... , . ., -- ._ Santa Ana,CA 92702-4048 Frank Caponi 9 Planning Dir. 20 Environmental Board Chairman City of Costa Mesa 6662 Glen Drive P.O.Box 1200 Huntington Beach,CA 92647 Costa Mesa,CA 92628-1200 CERTIFIED PROPERTY OWNERS' LIST AFFIDAVIT I. Catherine Mc Dermott hereby certify that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assessment - roll of the County within the area described and for a distance of ^� feet from the exterior boundaries of property described as: Date: (Signed) Subscribed and sworn to before me this _/j_day of W-2AzJU Notary Public" Connie Brockway, City Clerk T ON City of Huntington Beach ;;;U ���`' u.s.�:•57_:i;c ;. Office of the City Clerk �z' ..: y P.O. Box 190 Af'a2E'01 ; Z : a Huntington Beach, CA 92648 300' OWNERS LIST v / APN 165 081 10 -e^tI SITE: CHEVRON IM6Tpy�� - s 143 VV339 0 N1I0 NuNnH 9�6. ix � 1A8313 A 119 LEGAL NOTICE- PUBLIC HEARING ------------- Connie Brockway,City Cleric City of Huntington Beach 026'01 Office of the City Clerk P.O.Box 190 Huntington Beach,CA92648 :� . xx S ► c1 �? c�gi27 ia1. PREPARED ON: 8/17/00 J BY: CATHY MCDERMOTT OWNERSHIP LISTING SERVICE 909 699 8064 [IN6rp�, DAT SOURCE: METROSCAN 7/00 :. ?rltY d0'HCId39 N019NIM.H =.30 J1110 � NTH �aA133.?21 ; LEGAL NOTICE-'PUBLIC-HEARING ' • r � , � G I � - - ; _ . , � f � +a'. t � - ' V � . .._ • _ -_ _ a . . .. .. ems•. r.r 1�• ���\� r . .�' ^ T !r� !� \r� 1, �.a - 3-. ,,, , a �`,» = t ' M_. I •� t ] f r { �� 1 'rt I �/,?�` t�, .. t . �' __ r , , �- ! � � `�� �t� ��� �� ;,;. . v .. ; ; 1 �y '. ! ti `. �, . �— M. _ r I 1r ' J Y Appeal of o Cond itiona I Use Permit 00-58McDrnm 0 M C.3 CI s CHEVRON STATION n 6972 Warner Ave 5/7/01 } Project Proposal • Demolish existing auto repair/service station • Construct/ install; 2,045 sq. ft. mini-market . gas-pump canopy . 4 fuel gas-pumps 2 gasoline storage tanks • Permit the sale of alcoholic beverages (beer and wine) 5/7/01 LATE7 CMMI,c�( CAj(61\) Project Location • SW corner of Goldenwest Street & Warner Avenue • General Plan subarea 8A FT (Community Commercial) • Adjacent to urban scenic corridors 5/7/01 Existing Site I WO Improvements Auto repair/ mini- market • 2 freestanding gas pump islands/canopies Landscaping improvements 5/7/01 2 Planning Commission Action • March 2001, Planning Commission approved the project. • Planning Commission Findings: . Project is consistent with General Plan . Urban Design Guidelines . The site design and building location is not conducive to orienting the building along the street frontage due to safety reasons 5/7/01 Appeal Ed AkEr • March 2001, - Appeal was filed by Mayor Pro Tempore Debbie Cook . Cited reasons for appeal: . The City Council should review the project to determine: . Project compliance with General Plan policies for high quality design; and . Project consistency with the citywide Urban Design Guidelines. 5/7/01 3 Appeal - Proposed Project Design Analysis Project features stereotype franchise service station Imo"i` -.a'• design: . Gas-pumps and canopy along street frontages . Main building structure towards the back of the parcel . Prototype structures (architecturally slightly modified) . Canopy design details inconsistent with project sn/oi theme Appeal - Proposed Project Analysis (cont.) • Proposed design is inconsistent with: . General Plan . advocates siting and design of buildings in proximity to street . promotes high quality design and distinctive character 4 3 (9S7 '� tv FF a 5/7/01 f , 5/7/01 7 5/7/01 'vn 5/7/01 8 �.z. 5/7/01 �` rc a e 5/7/01 9 x g 5/7/01 ..€.. Y K 5/7/01 10 Appeal — Proposed Project -F Analysis (cont.) Proposed design is inconsistent with: . Design Guidelines encourage placement of buildings to create a strong tie to street frontage/corner OFF60.Y A,WfF°xRN T "ro y' T0 . Screening of gas-pump uas rFea.mas canopies by main •�:. Sf1'9gIFDFIFlFWLY building ..LWDYAR YFB"tA5' SfM1CtUY1(p 94n➢& S. •KNsvt 5{il NR11 . Orienting the retail market towards street frontage 5/7/01 Appeal — Proposed Project Analysis (cont.) • Staff Alternative: Project can be redesigned to comply with: - 4 . General Plan µ Design Guidelines 5/7/01 I 11 Recommendations Approve CUP No. 00-58 (Planning Commission recommendation) Deny CUP No. 00-58 (Staff recommendation) Approve project (Staff alternative) and forward to DRB Continue project and direct staff accordingly 5/7/01 12 CUP No.00-58/VAR No.00-17 Conditions of Approval 3/13/2001 26) Submit a Fire Protection Plan in compliance with City Specification 426 for Fire Department approval. (FD) 27) Installation and/or removal of underground flammable or combustible liquid storage tanks shall comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. (FD) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. c. 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. 8. The use shall comply with the following: a. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. b. No alcoholic beverage sales shall be permitted between the hours of 12:00p.m - 6:00a.m. c. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 9. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. 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 HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 00-58 shall not become effective until the ten-calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-58 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. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 00-58 pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 01 c10313 DRB Recommendation CUP No.00-58 Page 7 d. The construction disturbance area shall be kept as small as possible. (PW) e. 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. (PW) f. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt from leaving the site and impacting public streets. (PW) g. Comply with appropriate sections of AQMD Rule 403,particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. Wind barriers shall be installed along the perimeter of the site. (PW) i. The remediation operations shall be performed in stages concentrating in single areas at the time to minimize the impact of fugitive dust and noise to the surrounding areas. (PW) j. Use low sulfur fuel (.05%)by weight for construction equipment; k. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); 1. Discontinue construction during second stage smog alerts. 7. Prior to final building permit inspection and approval the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) A new 6-inch sewer lateral shall be installed, unless the existing sewer lateral is verified to be of adequate size and in satisfactory condition to serve the new building. 2) The existing water service currently serving the site may potentially be utilized for domestic purposes if it is of adequate size, conforms to current standards, and is in working condition as determined by the Water Division. If a new water service is necessary, it shall be installed per Water Division standards and sized to meet the minimum requirements set by the Uniform Plumbing Code and Uniform Fire Code. (PW) 3) The existing water meter shall be replaced with a touch-read meter, and sized to meet the minimum requirements set by the Uniform Plumbing Code and Uniform Fire Code. (PW) DRB Recommendation CUP No,00-58 Page 8 4) Relocate the existing air and vacuum release assembly along Goldenwest Street so that it is clear of the widened driveway. (PW) 5) A separate domestic/irrigation water meter and service, sized to meet the minimum requirements set by the Uniform Plumbing Code and the Uniform Fire Code, if applicable. The service lateral shall be a minimum of 1-inch in size. Meter shall be touch-read type. (PW) 6) Separate backflow protection shall be installed per the City of Huntington Beach Water Division standards for domestic, irrigation and firewater services. (PW) 7) The two existing driveways nearest to the intersection of Goldenwest Street and Warner Avenue shall be removed and replaced with curb, gutter and sidewalk. (PW) 8) Reconstruct the entire two driveways to be widened so that they meet current standards and ADA requirements. (PW) 9) Remove and replace the existing wheelchair ramp with an ADA compliant wheelchair ramp. (PW) 10)Maintain the existing bus stop and bus-shelter on the east side of the project. Re-paint the red curb upon completion of the frontage work. (PW) 11)Installation of required landscaping and irrigation systems shall be completed prior to final inspection within 12 months of entitlement. (PW) 12)All landscaping 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 prior to final inspection and approval. (PW) 13)Applicant shall provide City with Microfilm copies (in City format) and CD (Auto CAD 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. (PW) 14)Motor Fuel Dispensing Areas—Areas used for motor fuel dispensing shall be paved with concrete (no use of asphalt). Concrete surfacing to extend 6 '/2' from the corner of each fuel dispenser in any direction. This distance may be reduced to the maximum length that the fuel dispensing hose and nozzle assembly may be operated in any direction plus one (1) foot. In addition,the fuel dispensing area shall be graded and constructed so as to prevent drainage flow either through or from the fuel dispensing area. (PW) �� _ ' ^� =:�� X � � � ° �. �, r Site Planning The proposed project site is located at the intersection of a major urban scenic corridor (Warner Ave.) and a minor scenic corridor (Goldenwest St). The parcel's topography is relatively flat with no special location or adverse conditions which could affect its development. The General Plan goals and policies promote high quality design and distinctive character for all commercial development. More specifically the General Plan advocates the sitting and design of buildings in proximity to the street frontage to create a visual relationship to streets and sidewalks. In addition the citywide Urban Design Guidelines for General Commercial and Special Consideration/ Service Station uses recommend the placement of buildings on corner and mid-block parcels in a manner that establishes a strong tie to the street frontage and comer. Buildings with angled comers or plazas are encouraged at comer locations. Furthermore,the design guidelines recommend that gas-pump canopies should be screened by the main building structure and the retail market/office building segment of the facility should be oriented along the street frontage. The City's intent in advocating the above is to foster development proposals which will enhance the City's unique identity and individual City district character; contribute to a positive City image along scenic corridors; stimulate investment and strengthen the economic vitality of the City and maintain and protect the value of property. The revised site plan complies with minimum street frontage and corner landscape requirements but maintains the stereotype franchise service station concept which places the gas-pumps and canopy area along street frontages and the main building structure towards the back of the parcel. The applicant's plan is not consistent with General Plan policies and citywide Urban Design Guidelines for high quality design based on proposed building sitting. The City's consultant for the citywide Urban Design Guidelines, Urban Design Studio/RBF,has reviewed the proposed project. Mark Brodeur(Principal)and Al Zelinka(Principal Community Planner)have indicated that staffs alternative site plan is consistent with site planning and crime prevention concepts encouraged in the Urban Design Guidelines and with current planning trends. In August 1998, similar site planning guidelines were adopted by the City of Tustin(Attachment No. 8). Staffs alternative represents one of the most up-to-date designs in terms of building placement which successfully addresses aesthetic and security factors associated with good planning practice. In addition, staffs recommended alternative is consistent with recent marketing studies which indicate that gasoline brand identity is becoming less emphasized at newer gas station locations as convenience stores and foodservice operations become increasingly important to the bottom line (National Petroleum News, September 1997-Attachment No. 6). Therefore the importance of the gas pump canopy placement for brand identification purposes along the street frontage as a means of establishing and sustaining a successful facility is not critical to the business operation. Staff believes that the revised site plan does not represent the optimum design and the project can be designed in compliance with General Plan and citywide design guidelines. Staff recommends denial of the submitted development plan. c. Staff Report—3/13/01 -3- (O 1 srO4c2) City ofuntmgton Beach Planning Department POE ST ORT AFF 1�P _ t HUNTINGTON BEACH TO: Planning Commission FROM: Howard Zelefsky,Director of Planning BY: Amy Wolfe,Associate Planner DATE: January 23, 2001 SUBJECT: CONDITIONAL USE PERMIT NO. 00-58/VARIANCE NO. 00-17 (Warner/Goldenwest Chevron Service Station). APPLICANT: Jim Forgey, 1201 S. Beach Boulevard,La Habra, CA 90631 PROPERTY OWNER: Dr. Steve Minnick, 12269 Sky Lane, Los Angeles, CA 90049 LOCATION: 6972 Warner Avenue(SWC of Warner Ave. and Goldenwest Street) STATEMENT OF ISSUE: + Conditional Use Permit No. 00-58 request: - Demolish the existing service station facility and construct a new service station with a 2,045 sq. ft. convenience market and a freestanding gas pump canopy, four(4)dual-fuel gas pumps,two (2) gasoline storage tanks and associated site improvements.on a 22,500 sq. ft. lot. Permit the sale of alcoholic beverages (beer and wine) for off-site consumption. • Variance No. 00-17 request: Provide a six(6) ft. wide in lieu of a ten(10)ft.wide landscape planter area along the front and exterior side property line(Goldenwest St. and Warner Ave.) - . Provide a six hundred(600) sq. ft. landscaped area at the northeast corner.of the parcel(adjacent to the Goldenwest.St. and Warner Ave. intersection)with a six(6)ft. in lieu of a_ twenty (20)ft. minimum planter width. r /• '' r ' � pse9� O �Q. .♦ aWLI� ♦ ♦ g„t2q PROJECT SITE J / i W .clsu on Imt�unnreJy .1 J < 1tl � •AtIJRU 3 CF R awwo MI t tmuRvy CCa11lUHRY WLax} CD-3 C C.P.C.D. •J BAMOO .. �r• .. z ��i iii iiii i���•• 'rii}�t:iiai.� . iLOt}91BTO}7 w-amma COTTR MEAZi iCii�� nfA /• OFFICE •• :J','::• lii::� {L G / T• WARNER AVE.I CF-E {WIlTdRBBY.20wan BCHOOLI - df' d d a d BK"V R CONDITIONAL-USE PERMIT NO. 00-58 VARIANCE NO. 00-17 THE CITY OF HUNTINGTONBEACH 'J � �. � � ,� a "' _ �. ^�: � � � -� (16) May 7, 2001 Council/Agency Minutes - Page 16 Councilmember Bauer expressed a number of concerns, including: 1. Accountability for the maintenance of landscaping: Planning Director Zelefsky responded that if not met, it would be a code violation issue. 2. Percentage of landscaping required: Director Zelefsky stated that it is within the purview of the Public Works Department to. decide and approve. . 3. The need for landscaping Springdale Street and Heil Avenue. 4. Staf's rationale for a reverse layout orientation: Director Zelefsky reasoned that the goal for having the service bays hidden in the rear is to provide a much nicer look for the corner of the intersection. 5. Safety issues relating to cash supply on hand: Chief Lowenberg related having seen a decrease in armed robberies in great part due to the advent of ATMs, credit cards and debit cards. 6. Good architecture achieved through a traditional design: Director Zelefsky answered in the affirmative, but stated that in this instance, he and the other members of the Design Review Board are not of the opinion. Councilmember Bauer informed Council that he is not compelled to believe that the reverse layout is necessarily better and is not ready to vote, pending his review of acceptable renderings. He stated that he would consider a conventional layout, as long as there is a plan for landscape maintenance. Councilmember Bauer stated that he is looking for a mechanism for postponing and stressed the importance of good sight lines at street corners as a safety factor. Councilmember Green concurred with Councilmember Bauer that good architecture is a variable and finds that he is in favor of the Planning-Commission's recommendation due to safety and security reasons. Councilmember Garofalo stated that the challenge is to send the project back to the Design Review Board, and that he is assured that at least one member, namely Mr. Ed Kerins, will scrutinize it closely. Councilmember Garofalo stated that the sales tax generated by gas stations in Huntington Beach is high and in competition with other businesses. He urged Council to hold the corporations accountable to bring forward the best design concept possible. Councilmember Garofalo referred to page D-2.5 of the staff report on Site Planning, that in regard to frontage that creates a visual relationship to streets and sidewalks, he finds no "pedestrian connectivity" in Chevron's proposed design other than presenting a visual obstacle to the surroundings. Chevron representative Richard Harlow responded to Council inquiries regarding the company's design as meeting and exceeding the 12% landscape requirements. He spoke regarding visibility through the back windows, citing page D-2.82 of the staff report. Mr. Harlow offered that if the architecture is inadequate, the design will go back to the DRB; moreover, Councilmember Bauer's concerns are going to be addressed. Mayor Pro Tern Cook moved to amend the recommended action to refer the project to the Design Review Board-with a return to Council. Councilmember Boardman seconded the motion to amend. (17) May 7, 2001 Council/Agency Minutes - Page 17 Councilmember Dettloff spoke in opposition to a "cookie-cutter" type,of design and stated that she will not support a motion to approve the project. Further discussion ensued following Planning Director Zelefsky's clarification of the motion, which ascertained that the traditional layout is the only design being considered. Councilmember Boardman stated that she will not support the amended motion since the reverse layout design is not being considered. Councilmember Boardman withdrew her second to the motion on the table. Councilmember Garofalo seconded the motion made by Mayor Pro Tern Cook. Planning Director Zelefsky verifed in response to the City Clerk's inquiry that the public hearing is going to be re-noticed. Councilmember Bauer suggested if the traditional design is not deemed appropriate, Council at the re-noticed public hearing can consider the reverse layout when the item is discussed again after the Design Review Board returns with the revisions. A motion was made by Cook, second Garofalo to refer the proposal to the Design Review Board for an improved architectural project recommendation back to Council at a re-noticed public hearing. The motion carried by the following roll call vote: AYES: Green, Cook, Julien Houchen, Garofalo, Bauer NOES: Boardman, Dettloff ABSENT: None (City Council) Administrative Public Hearing to Hear Protests Regarding Weed Abatement— Rubbish and Refuse Abatement (520.80) Mayor Julien Houchen announced that this was the time scheduled for a public ring to hear objections and protests to the proposed removal of weeds, rubbish, and ref upon certain streets, sidewalks, parkways, and private property in the city. This hea ' g is held pursuant to Resolution No. 2001-6 adopted March 5, 2001. This agenda item ' n administrative public hearing. An administrative hearing is required by Huntingtoneach Municipal Code 1.18. Only properly owners are entitled to speak at an administrative aring. Legal notice as provided to the City Clerk's Office staff had been mailed, published and posted. The City Council considered a commu ' tion from the Public Works Director. Public Works Director Beardsle resented a brief PowerPoint slide presentation that had been announced earlier by the Ci lerk as a Late Communication. The report is titled Annual Weed, Rubbish and Ref a Abatement Program and furnishes the program timeline for the administrative public aring. Councilmem Boardman expressed the concern that a public speaker lodged a complaint regarding of on 215t Street that had not been identified on the matrix found in the staff report listing ected properties. APPLICANT'S REQUEST i) I �I SUMMARY I W I ) a • LANDSCAPE: r=-�=r- =r_ -- --=z-y-ram - - i - n • LOT SIZE: 22,282 S.F. ' �; ���TTTT a REQUIRED: 10% o • II - LANDSCAPE PROVIDED: 3,814 S.F. = 17.1 1% .II ° ` "I NEW CS I C-STORE CORNER LANDSCAPE: REQUIRED = 600 S.F. w CORNER LANDSCAPE: PROVIDED = 761 S.F. el w W I > ADDITIONAL CORNER LANDSCAPE a I" / ';' ® m� i /, Q 11 : , e ABOVE REQUIRED: +161 S.F. p� a // `r✓'� 6 W 0 r Z 0 REQUIRED LANDSCAPE j i 0 j'' rol°cu BUILDING k LANDSCAPE AREA IN EXCESS OF STANDARD ,8 � LANDSCAPING ' i' SETBACK 10'-O" ' CLEAR BUILDING AND CANOPY 1 I ""' ct� Q o. W y m l:,"a'�azW� •�II � ./� i %' CANOPY I' ' '' I YI \ ) I I I I w I OTE ♦. I � I� V I ��' 0'NER owuar a(M 1 I LANDSCAPE : I fi a 1 —=wo uw) �. P - a ___—__—___ ' 80a5a'16E Il).68 18----------------------�1 14---------------------/: DEN TO 30'-0" CONC. APP OACPb¢ CLO�E 36'-0" CONCRETE APPRq(ICH ' f NORTH a ! ,0 w m to ---- o z e� Ull In i X ---- W SCAIE: 1'.1C-a' -------------------- GOLDEN WEST STREET t'---------- m: HL . . GROUP INC. ARCHITECTURE • ENGINEERING • ENVIRONMENTAL SERVICES 1201 South Beach Boulevard, Suite 207, La Habra, CA 90 63 1-63 66 Telephone: (561) 902-8023 Facsimile: (562) 902-8026 John W. Johnson, Architect E i t a b l i a h e d 1 9 6 6 JOHN W. JOHNSON - Co-President Principal August 25,2000 City of Huntington Beach Planning Department B R I A N F. Z I TA 2000 Main St. C o-President Huntington Beach,CA 92562 Principal RE: Chevron Service Station#09-4887 RHL JN: 0105.10 6972 Warner Ave. JOHN B. HICKS Huntington Beach, CA 92648 Vice President Principal • PROJECT DESCRIPTION Chevron Products Company intends to develop a project at the southwest corner of Goldenwest St. and Warner Ave.The proposed project is a Chevron Service Station C E c 1 Vice President R including a 1,983sq.ft. Convenience store with a detached 38' x 52' Canopy above (4) Principal Fueling Dispensers for self-service gasoline sales. The service station will include two(2) underground storage tanks,a trash enclosure, air and water unit,public pay phones, landscape area and parking area.The Site is currently located within the Zone designated as "Commercial General"(CG). Service stations and convenience stores are a conditionally approved use within the CG zone. CHRIS LAWTON Regional Manager Associate The station is designed to Chevron's latest standards and for compliance with the City of Huntington Beach's Municipal Code and City Guidelines for Auto Service Stations. Allowances have been made to the site's design to incorporate the states Storm Water Pollution Prevention Guidelines as dictated by the designs from the March 1997 Best J A M E S E. P R E S T E N Management Practice Guide for Retail Gasoline Outlets. Regional Manager Associate Customers using credit/ATM cards may pay for their purchases directly at the pump. The customers paying with cash will make their payments inside the store, while their vehicle is still parked at the dispenser. While inside the Extra Mile Market, customers may make purchases from various.items offered. Products sold will include snacks, sundries, G A RY M. S E M L I N G prepackaged foods and beverages(including beer and wine for off site consumption). The Regional Manager Convenience store is a type M-occupancy,and the canopy is an S-3 occupancy per the Associate Uniform Building Code. The new building will be type V-N construction with stucco finish on the exterior walls. The Caf6 au Lait and Nutmeg stucco colors are compatible with the surrounding buildings and demonstrate a consistent use of colors through the design of the building. The Extra Mile Market building has a distinctive design element that clearly A L A N K. S H I M A B U K U R O differentiates it from the other competitive store offering unique architecture. The storefront Regional Manager entrance tower element acts a focal point to the customer and creates a transition zone from Associate the fueling area to the retail environment. B L Y T H E R. W I L S O N Regional Manager BELLEVUE, WA LA HABRA, CA MARTINEZ, CA PETALUMA, CA F:\PRO1ECT\Ok\0105.10\Proj descri Pti on.l tr.doc Associate SACRAMENTO, CA SCOTTSDALE, AZ VANCOUVER, WA HLChevron SS##09-4887 Page 2 SWC Goldenwest St. & Warner Ave. 09/01/00 GROUP INC. Huntington Beach, CA RHL JN: 0 105.10 The site's landscaping includes a continuous planter along the street frontages with the required street trees. (one 36"box tree per each 45' of frontage) The total landscaping percentage of 12.83%exceeds the required 10%. Planters have been added to break-up the parking areas and to provide relief to the front of the c-store. Planter tubs have also been provided at each end of the fueling areas. • TYPES OF EQUIPMENT& COMMODITIES TO BE STORED ON THE PROPERTY: The 20,000 and 15,000 underground double walled fiberglass storage tanks will store regular and supreme unleaded gasoline. The fuel tanks and the fuel dispensing system far exceeds the national, state, and local regulation guidelines for preventing accidental spills,and the minimize the impacts on air quality. The tanker truck will park over the tanks while making deliveries at the site. The tanker truck routing is shown on the site plan for reference. A 20' . x 15'remediation enclosure will also be installed as a part of Chevron's on going effort to monitor the sites petroleum system. • HOURS OF OPERATION The station will be open 24 hours a day, seven days a week. There will be three(3)eight- hour shifts daily with a maximum of three(3)employees per shift. This site has been designed to provide maximum safety for vehicular and pedestrian traffic. Chevron feels that public convenience will be served by providing a safe,clean,and a well managed facility that will provide shopping convenience to residents and visitors to the city. Please contact me at(562) 902-8023,extension 209,if you have any questions or need further information in order to process this application promptly. Thank you in advance for your assistance. Sincerely, RHL DESIGN GROUP,INC. Ji tMag P jer . cc: Chevron Products Company /Richard Loyd & Jackie McGinnis BELLEVUE, WA LA HABRA, CA MARTINEZ, CA PETALUMA, CA F:TROJECnOk\0105.10\Pg3gftpk%lg.gftO, CA SCOTTSDALE, AZ VANCOUVER, WA The City of Huntington Beach Police Department CPTED consultant, Starling Thomas Concepts, has reviewed this and agrees with the above statements. Starling Thomas Concepts has analyzed the applicant's proposal in terms of project visibility from adjoining areas and availability of criminal escape routes and determined that the proposed plan has certain strengths and weaknesses. The consultant's report (Attachment No. 5) indicates that the plan provides visibility into the service station and convenience store for passerbys, motorists and police officers on Goldenwest Street and Warner Avenue. However, the plan does not allow for neighboring businesses and customers of the commercial center to "passively survey"the facility. Furthermore it has been concluded that the placement of the convenience store at the interior corner of the site has disadvantages in terms of crime prevention. This is the primary issue, because the back side of the building creates areas hidden from view that lend themselves as escape routes that are preferred by criminals. This building sitting condition in conjunction with the Ralph's Market hours of operation in the adjoining shopping center (closed between 1:00 am-6:OOam)raises safety concerns. Since little legitimate activity would be taking place in the commercial center behind the station during those hours, the Chevron station would be more vulnerable to criminal activity emanating from behind the building which could go unnoticed. Starling Thomas Concepts, has also analyzed the staff recommended proposal in terms of project visibility from adjoining areas and availability of criminal escape routes and has determined that staff s plan also has certain strengths and weaknesses. The consultant's report indicates that the plan provides ample opportunity for visibility to the service station from the commercial center to the southwest, as well as passerbys, motorists and police on Goldenwest Street and Warner Avenue. A Chevron service station facility which utilizes a similar type of layout to that suggested by staff was inspected by the consultant who indicates that the ability to see into the store from the street was adequate, even though some displays occupied a portion of the windows. In addition it was noted that the effect of the windows along the multiple exterior building walls positively contribute towards deterring potential offenders and criminal activities. Service Stations with convenience stores sited at corners of intersections have been built in the cities of Dana Point, Irvine and Tustin in Orange County and in,San Diego County in the cities of Carlsbad, San Diego and Chula Vista. Staff contacted Police and Planning Department staff at the aforementioned cities to find out if an increase in crime has been experienced at those facilities due to building sitting. The information provided by these cities indicates that no such increase has taken place, in fact; some have expressed an opinion that gas stations with a reverse layouts were successful and effective in deterring criminal activities. Staff Alternative Staff continues to recommend placement of the mini-market building adjacent to the Warner/Goldenwest intersection in order to create a direct visual and physical linkage to the street frontage. In addition, staff recommends that the mini-market building be angled at the corner in order to enhance the appearance of the facility and street intersection. (Refer to Staff Report dated January 23, 2001, for additional discussion -Attachment No. 9-and alternative site plan- Attachment No. 4) Staff Report—3/13/01 -5- (01 sr04c2) Urban Design Guidelines Conformance: The proposed project is not in conformance with Chapter 4 (General Commercial) and Chapter 6, (Special Consideration Commercial Guidelines for Service Stations and Car Washes) of the citywide Urban Design Guidelines. More specifically the development proposal is inconsistent with the following site planning and building design guidelines. Chapter 4 General Commercial Site Planning: e. Site and design buildings on corner and mid-block parcels to establish a strong tie to the street frontage. Buildings with angled corners or plazas are encouraged at comer locations. Chapter 6 Special Consideration Commercial Guidelines Site Planning: a. The site design for corner and midblock sites should convey a strong link to the street or corner. e. Gas pump canopies should be screened by the main building structure. The retail market/office building segment of the facility should be oriented along the street frontage. Building Design: a. Site-specific architectural design is strongly encouraged. Corporate or franchise design solutions are strongly discouraged. b. All structures on the site (including kiosks, car wash buildings, gas pump columns, etc.) should be architecturally consistent and related to an overall architectural theme. The proposed convenience market siting at a considerable distance from the Goldenwest St. and Warner Ave. street frontages and ordinary corporate architectural design will neither achieve the desirable linkage to the street corner nor the site specific architectural design encouraged by the design guidelines. The proposed gas-pump canopy location along the street frontage and featured corporate colors and design details will further erode the overall project design theme and appearance. The applicant's responses to applicable design guideline checklist items have been provided for your reference(Attachment No. 5). Staff believes that the site can be developed in accordance with the adopted citywide Urban Design, Guidelines. Staff has prepared a potential alternative site plan (Attachment No. 6) and recommends specific building design modifications to achieve the envisioned high quality development (please refer to the analysis section of this report for additional alternative design information). Staff Report— 1/23/01 6 (01sr04) I Environmental Status: The proposed project is categorically exempt pursuant to Class 2, Replacement or Reconstruction, Section 15302 of the California Environmental Quality Act which states that replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced are exempt from further environmental review. Coastal Status: Not applicable. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns: The Department of Public Works has expressed concerns with the requested landscaping setback reductions. The City Landscape Architect has recommended that the required landscaped planter areas adjacent to the Goldenwest Street and Warner Avenue corner and along the street frontages be incorporated as part of the project's design in order to accommodate the growth of planting materials at maturity and enhance the overall appearance of the development. The Police Department supports development of the site with an alternative site layout which would place the convenience market adjacent to the Goldenwest/Wamer intersection. The Police Department's consultant on crime prevention through environmental design has reviewed the staff recommended alternative site layout and has.indicated that such a design would contribute towards achieving the design and crime prevention goals of the City of Huntington Beach. Public Notirication: Legal,notice was published in the Huntington Beach/Fountain Valley Independent on January 11, 2001, and notices were sent to property owners of record within a 300 ft. radius of the subject property, . individuals/organizations requesting notification, applicant, shopping center tenants, and interested parties. As of January 17, 2001 no communication supporting or opposing the request has been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Conditional Use Permit: January 2, 2001 April 2, 2001 (90 days) Variance: January 2, 2001 April 2, 2001 (90 days) Staff Report— 1/23/01 7 (01sr04) compliance with HBZSO requirements. The parcel's topography is relatively flat with no special location or surrounding development adverse conditions which could affect its development. • The project can be redesigned and developed in compliance with code requirements. Several similar properties within the City are subject to compliance with the same code required landscape setbacks. ATTACHMENTS: 1. Suggested Findings for Denial 2. Conditions of Approval(Applicant's Recommendation) 3. Site Plan, Floor Plans and Elevations dated December 13, 2000 4. Narrative dated August 25, 2000, September 1, 2000 and December 12,2000 5. Urban Design Guidelines Checklist 6. Staff Alternative Site Plan 7. Dana Point Service Station Photographs SH:HF:AW:rl Staff Report— 1/23/01 11 (01sr04) Planning Commission Minutes I ' Page 6 March 13,2001 e? ,W r 9. A review of the restaurant use and valet parking operation shall be conducted by staff within six (6) months (October, 2001). A report shall be transmitted to the Planning Commission with a public hearing. (ADDED) FB-2. CONDITIONAL USE PERMIT NO. 00-58 /VARIANCE NO. 00-17 (CONTINUED FROM 2/27101 WITH PUBLIC HEARING CLOSED): Applicant: Jim Forgey Property Owner: Dr. Steve Minnick Request: CUP: a) Construct a service station with a 2,045 sq. ft. convenience market and a freestanding gas pump canopy, four(4) dual-fuel gas pumps, two (2) gasoline storage tanks and associated site improvements on a 22,500 sq. ft. lot; b) Permit the sale of alcoholic beverages (beer and wine) for off-site consumption. VAR: a) Provide a six (6) ft. wide in lieu of a ten (10) ft. wide landscape planter area along the front and exterior side property line (Goldenwest Street and Warner Avenue); b) Construct the convenience market and trash enclosure with a zero (0) ft. in lieu of a three (3) ft. interior side yard landscaped setback; c) Provide a six- hundred (600) sq. ft. landscaped area at the northeast corner of the parcel (adjacent to the Goldenwest Street and Warner Avenue intersection) with a six (6) ft. in lieu of a twenty (20) ft. minimum planter width. Location: 6972 Warner Avenue (SWC of Warner Avenue and Goldenwest Street) Project Planner: Amy Wolfe • On February 27, 2001 the Planning Commission considered a development proposal involving the following: Conditional Use Permit No. 00-58: - Demolish the existing service station facility and construct a new service station with a 2,045 sq. ft. convenience market and a freestanding gas pump canopy, four (4) dual-fuel gas pumps, two (2) gasoline storage tanks and associated site improvements on a 22,500 sq. ft. lot. - Permit the sale of alcoholic beverages (beer and wine) for off-site consumption. Variance No. 00-17: - Provide a six (6) ft. wide in lieu of a ten (10) ft. wide landscape planter area along the front and exterior side property line (Goldenwest St. and Warner Ave.) - Provide a six hundred (600) sq. ft. landscaped area at the northeast corner of the parcel (adjacent to the Goldenwest St. and Warner Ave. intersection) with a six (6) ft. in lieu of a twenty (20) ft. minimum planter width. • Continued Item: - Planning Commission meeting February 27, 2001. The Planning Commission continued this item in order to a) allow staff time to review the revised site plan presented during the public hearing; b) review information on potential crime activity associated with the placement of the building at the corner of the subject property; and c) obtain input from Urban Design Studio regarding staff's recommendation. - On March 2, 2001, the applicant submitted a revised site plan which complies with exterior street side and corner landscape code requirements. 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