HomeMy WebLinkAboutPublic Hearing to Consider Appeal Filed by Councilmember Con FAO- /0
CITY OF HUNTINGTON BEACH
[call 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
December 13, 2004
Spear Design Group
1228 Avenida Amistad
San Marcos, CA 92069
ATTN: Brady Yamamoto
Dear Ms. Yamamoto:
Please find enclosed the September 20, 2004 minutes of the regular meetings of the City of
Huntington Beach City Council/Redevelopment Agency at which there was action taken
regarding the following:
Public Hearing Held - Denied Appeal Filed by Councilmember Connie Boardman and
Upheld the Planning Commission's Approval of Conditional Use Permit No. 03-62 As
Amended to Increase Height of Wall, Set Delivery Hours, and Return to the Design
Review Board (DRB) -Applicant, Brandy Yamamoto of Spear Design Associates for
Proposed Development of a Walgreen's Pharmacy Drive-Thru Service Located in the CG
(Commercial General)Zone at 19001 Brookhurst Street(s/w Corner of Brookhurst Street
and Garfield Avenue).
Sincerely,
oan L. Flynn
City Clerk
Enclosure
g:/followup/appeal/minute letter2002.doc
(Telephone:714-536-5227)
(9) • September 20,2004-Coin/Agency Minutes-Page 9
a. Street improvements including costs of condemnation, removal, demolition,grading,
paving, curbs and gutters, sidewalks, street lights and parkway and landscaping
related thereto.
b. Storm drains.
C. Sewers, sewer treatment facilities and sewer capacity acquisition.
d. Public parking facilities including a parking structure. .
e. Water distribution facilities, including fire.hydrants and water storage facilities..
f. Street signalization and signage, including traffic fees.
g. Fire facilities including structures and capital equipment.
h. Utility facilities construction and relocation.
i. Acquisition of land, rights-of-way and easements necessary for any of the facilities
specked in paragraphs (a)through (h)above.
j. The incidental expenses which will be incurred are: (i)the cost of engineering,
planning and designing such facilities and the cost of environmental evaluations
thereof, (ii)all costs associated with the creation of the proposed community facilities
district, issuance of the bonds thereof, the determination of the amount of and
collection of taxes, the payment of taxes, and costs otherwise incurred in order to cant'
out the authorized purposes of the community facilities district, and (iii)any other
expenses incidental to the construction, acquisition, completion, and inspection of such
facilities.
4. Special taxes sufficient.to pay for all such facilities, to pay the principal of and interest on the
bonds of the proposed community facilities district and the annual administrative expenses
of the City and the proposed community facilities district in determining, apportioning,
.levying.and collecting such_special taxes,.and in.paying the.principal of and interest on.such
bonds, and the costs of registering, exchanging and transferring such.tionds, secured by the
recordation of a continuing lien against all taxable or nonexempt property in the proposed
community facilities district, and maintaining a reserve fund for such bonds, and paying any
amounts that must be paid to the United States in order to preserve the tax-exempt status of
such bonds shall be annually levied within the proposed community facilities district.The
rates and method of apportionment of said special taxes shall be as set forth in Exhibit"B"to
Resolution No. 2004-68. The maximum amounts of special taxes which may be annually
levied on parcels within the proposed community facilities district which are used for private
residential purposes are as follows:
MAXIMUM SPECIAL TAX
The maximum special tax for the leasehold interests in taxable property in CFD No. 2004-1 shall be
the greater of(1)-$590,000 per acre if a tract or parcel_map for airspace condominium has not been
recorded or(2)the amount determined pursuant.to"the following.steps:
Step 1: Determine the maximum annual debt service on all Outstanding Bonds;
Step 2: Multiply the total debt service determined in Step 1 by 1.1 and add the Administrative
Expenses;
Step 3: Multiply the amount from Step 2 by 0.6 and divide by the square footage of the Hotel
Airspace Assessor's Parcel to determine the Maximum Special Tax per square foot for
the Hotel Airspace Assessor's Parcel;
Step 4: Multiply the amount from Step 2 by 0.4 and divide by the square footage of the Retail
Airspace Assessor's Parcel to determine the Maximum Special Tax per square foot for
the Retail Airspace Assessor's Parcel.
(10) September 20,2004-Councill*ncy Minutes -Page 10
METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with fiscal year 2006-2007,and for each fiscal year thereafter, the city council shall
levy the special tax proportionately on each assessor's parcel of taxable property at up to 100% of
the maximum special tax, as determined by the paragraph, above, as needed to satisfy the special
x requirement. .:.
The officers of the City who will be responsible for providing the proposed types of public facilities to
be provided within and financed by the proposed community facilities district, if it is established,
shall study the proposed district, and, at or before the time of said hearing, file a report or reports
with the City Council containing a brief description of the public facilities by type which will in their
opinion be required to adequately meet the needs of the proposed community facilities district and
their estimate of the fair and reasonable cost of providing those public facilities and the incidental
expenses to be incurred in connection therewith. Such reports shall be made a part of the record of
the hearing.
Other property within the boundaries of the City may be annexed into the proposed community
facilities district upon the condition that parcels within that territory may be annexed only with the
unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or
those parcels are annexed.
The consolidated special elections on (i)the proposition of the proposed community facilities district
incurring a bonded indebtedness in an amount not to exceed $15,000,000(ii)the proposition with
respect to the levy of special taxes on the land within the community facilities district to pay the
principal of and interest.on the bondsthereof, and:(iii)the proposition with:respect.to.the
:establishment of an appropriations liinit.for the community facilities district in.the amount of
$4,000,000, if the community facilities district is established and such consolidated special tlections
(the"consolidated special elections") are held, shall be conducted as a mail ballot election.
If at least 12 persons have been registered to vote within the territory of the proposed community
facilities district for each of the 90 days preceding the close of the public or protest hearing, the vote
in the consolidated special elections shall be by the registered voters of the community facilities
district with each voter having one vote. In that event, the consolidated special elections shall be
conducted by the Registrar of Voters of the County of Orange and shall be held on a date selected
by the City Council and the ballots for the consolidated special elections shall be distributed to the
qualified electors of the community facilities district by mail with return postage prepaid, and the
consolidated special elections shall be conducted as a mail ballot election.
If at the time.of the close_of the protest hearing less than-12 persons.have been registered to vote
within the territory of the community facilities district;the vote shall be by the landowners of the
community facilities district, with each landowner of record at the close of the protest hearing having
one vote for each acre or portion of an acre of land that he or she owns within the community
facilities district. In that event, the consolidated special elections shall be conducted by the City
Clerk.
The ballots for the consolidated special elections shall be distributed to the qualified electors by the
City Clerk by mail with return postage prepaid, or by personal service. The City Clerk shall mail to
each qualified elector an official ballot, and shall also mail to all such qualified electors other
required election documents, including a return identification envelope with prepaid postage thereon
addressed to the City Clerk for the return of voted official ballots.
(11) • September 20, 2004-Cou*/Agency Minutes -Page 11
Resolution No. 2004-68 contains other provisions which are not summarized above. A copy of
Resolution No. 2004-68 may be reviewed or obtained at the office of the City Clerk of the City of
Huntington Beach, 2000 Main Street, Huntington Beach, California.
Notice is further given that at the hearing the testimony of all interested persons or taxpayers for or
against the establishment.of the community facilities district, the extent of the district, or the
furnishing of specified types of public.facilities or services will be heard. If 50 percent:or more of the
registered voters, or six registered voters,whichever is more, residing within the territory proposed
to be included in the proposed community facilities district or the owners of one-half or more of the
area of the land in said territory and not exempt from the levy of special taxes,file written protests
against the establishment of the proposed community facilities district, and protests are not
withdrawn so as to reduce the value of the protest to less than a majority, no further proceedings to
create the community facilities district or to levy the specified special taxes shall be taken for a
period of one year from the date of the decision of the City Council. If majority protests of the
registered voters or of the landowners are only against the furnishing of a specified type or types of
public facilities or services within the community facilities district, or against levying a specified
special tax, those types of facilities or services or the specified special tax will be eliminated from
the resolution of formation establishing the community facilities district.
The public hearing is also to consider Resolution No. 2004-69, adopted by the City Council
on August 16, 2004. Said resolution determines that it is necessary for proposed City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand), County of Orange, State
of California, to incur a bonded indebtedness in the aggregate principal amount of$15,000,000.
Resolution No. 2004-69 provides in summary-as follows:
1.` - The City Council declares that it is necessary that bonded indebtedness be incurred by and:
- . for proposed City of Huntington Beach Community Facilities District No. 2004-1 (The
Strand), County of Orange, State of California, in an aggregate principal amount not to
exceed $15,000,000 for the purpose of financing the design, acquisition, construction,
equipping and furnishing of the public facilities described in Resolution No. 2004-68.
2. The amount of the proposed bonded indebtedness shall include all costs and estimated
costs incidental to, or connected with, the accomplishment of the purposes for which the
proposed bonded indebtedness is to be incurred, including, but not limited to, the estimated
costs of construction and acquisition of the public facilities which are proposed to be
provided within and for the proposed community facilities district.
3. All non-exempt parcels of taxable property within the proposed community facilities district
-shall be subject to the levy of special taxes to pay the principal of and interest_on.the
aggregate principal amount of the bonds of the community facilities district which may,be
issued and sold to finance public facilities which are of benefit to parcels of property within
the community facilities district.
4. A public hearing on the proposed bonded indebtedness for said proposed community
facilities.district shall be held at 7:00 p.m. on September 20, 2004, in the City Council
Chambers located at 2000 Main Street, Huntington Beach, California. Said hearing shall be
conducted concurrently with the hearing on the establishment of the proposed community
facilities district.
(12) September 20,2004-Council/ cy Minutes -Page 12
Notice is further given that at the time and place of said hearing all interested persons, including all
persons owning property in the proposed community facilities district, for or against the proposed
bonded indebtedness, will be heard.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Mayor-.Green declared the public hearing:open.
City Clerk Joan L. Flynn restated for the record the following Late Communication which
pertains to this public hearing:
Communication from Director of Economic Development dated September 20, 2004 and titled
The Strand Community Facilities District No. 2004- 1 requesting Public Hearing be opened and
continued to the November 15, 2004 council meeting.
A motion was made by Sullivan second Coerper to continue the public hearing open to
11115/04. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman
NOES: None
ABSENT: Cook
(City Council) Public Hearing Opened and Continued Open to 10/4104 to Consider
Approval of Zoning Text Amendment No. 03-02(City Wide Entitlement Permit
Streamlining Project-Phase..11) by:Amending 15 Chapters of the-.Huntington Beach
Zoning and Subdivision Code and Various Sections of the Downtown Specific Plan SP-5
Approve Introduction of Ordinance Nos.3668Aor B and 3669through 3682,Inclusive (450.20)
Mayor Green announced that this was the time noticed for a public hearing to consider the
following:
Applicant: City of Huntington Beach
Request: To amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance,
codify policies and clarify certain sections of existing codes and amend various sections of the
Downtown Specific Plan SP 5. The proposed amendments are intended to reduce the overall
number of discretionary entitlement applications by allowing the use by right or having a lower level
discretionary body review the entitlement.
Location: Citywide
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 published and posted.
Mayor Green declared the public hearing open.
City Clerk Flynn restated for the record the following Late Communication which pertains to this
public hearing:
(13) • September 20, 2004 -Coun`Agency Minutes -Page 13
Correction from the City Clerk of typographical error on page 15 in the first recommended action
to show, the title of the Ordinance for introduction should read as "Chapter 24.1".
A motion was made by Sullivan second Coerper to continue the public hearing open to
10/4104. The motion carried by the following roll call vote:
AYES:. Sullivan, Coerper,.Hardy;Green,Boardman. -
NOES: None .
ABSENT: Cook
(City Council) Public Hearing Held - Denied Appeal Filed by Councilmember Connie
Boardman and Upheld the Planning Commission's.Approval of Conditional Use Permit No.
03-62 As Amended to Increase Height of Wall, Set Delivery Hours, and Return to the Design
Review Board (DRB) -Applicant, Brandy Yamamoto of Spear Design Associates for
Proposed Development of a Walgreen's Pharmacy Drive-Thru Service Located in the CG
(Commercial General)Zone at 19001 Brookhurst Street(s/w Corner of Brookhurst Street and
Garfield Avenue) (420.40)
Mayor Green announced that this was the time noticed for a public hearing to consider the
appeal of the Planning Commission's approval of Conditional Use Permit No. 03-62
Applicant: Brandy Yamamoto, Spear Design Associates
Appellant: Councilmember Connie Boardman
Request: To permit the development of an 11,838 square foot Walgreen's Pharmacy with drive
thru service, located in the::CG (CommerciaLGenetaL):zone: The proposal includes installation of
hew.landscape.planters.and.new surface.parking.
Location: 19001 Brookhurst Street. (Southwest corner of Brookhurst St. and Garfield Ave.)
Environmental Status: Notice is hereby given that the initial environmental assessment for this
Agenda-Item was processed and completed in accordance with the California Environmental Quality
Act. It was determined that Item No. 2 would not have any significant environmental effects and that
a negative declaration is warranted. Negative Declaration No. 03-09 was approved by the Zoning
Administrator on June 2, 2004. No appeals were filed during the 10-day appeal period. The
document is on file at the City of Huntington Beach Planning Department, 2000 Main Street, and is
available for public inspection by contacting the Planning Department, or by telephoning (714)536-
5271.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and .
posted.
Associate Planner Paul DaVeiga presented a PowerPoint slide report titled Walgreen's
Pharmacy 19001 Brookhurst St Appeal of CUP No. 03-62 which was included in the agenda
packet.
Mayor Pro Tern Hardy made inquiries regarding the direction in which the entrance of the
proposed Walgreen's Pharmacy faces in the Staff recommended plan.
Co,uncilmember Coerper inquired regarding the height of the retaining walls overlooking the
adjacent mobile home park, the noise from delivery trucks, and the parking lot activities if the
building is brought up to the street. Mr. DaVeiga responded suggesting that amendments can be.
made to the Conditional Use Permit.
(14) • September 20, 2004-Council ncy Minutes -Page 14
Mayor Green declared the public hearing open.
Dick Harlow,speaking on behalf of Walgreen's Pharmacy, concurred with Council requests
that the retaining wall may be increased to 8 feet, and that the delivery times be restricted. Mr.
Harlow spoke further about the placement of the building, and stated his opinion that there will
be no adverse consequence to.mobile home residents nor would health,:safety, or general .
welfare be improved by moving the building to the comer.:
John Glikbarg,Walgreen's representative, responded to Council inquiries regarding drive
through window hours and locations, noise study results, and the project's background
information.
Chris Noble spoke regarding stores with two entrances, peak drive through hours, and delivery
hours.
Michael Gray spoke relative to forward-facing buildings and the Design Review Board (DRB)
Guidelines.
Steve Ray,Vice Chair of the Planning Commission, described the primary issues for the
Commission including security in the parking lot, visibility at the corner for emergency and
police, and noise concerns.
There being no persons present to speak further on the matter and there being no further
protests filed, either written or oral, the Mayor declared the public hearing closed.
Councilmember Boardman stated reasons for bringing the appeal forward, including lack of
compliance with one of the Desigm Review Board Guidelines, her opinion that it looks much better
to have landscaped berms and attractive architecture on the'street rather�than,parking lot afte_ r
parking lot, and the desire to avoid the"cookie cutter" look of some businesses.
Mayor Pro Tern Hardy informed Council of her safety concerns and of her support for the project.
A motion (roll call vote subsequently to follow)was made by Coerper, second Hardy to approve
Conditional Use Permit No. 03-62 with Findings and Conditions of Approval amended to(1)
increase height of block wall to 8 feet on Walgreen's side; (2)the delivery hours to be 8 a.m. to 8
p.m.; and (3)to return to the DRB.
Councilmember Sullivan asked for clarification on the height of the wall and suggested an
amendment to the motion to increase the height of the block wall to 7 feet on Walgreen's side.
The maker and second to the motion agreed to this amendment.
Mayor Cathy Green concurred with Mayor Pro.Tern Hardy previous.safety concerns, and
stated her opinion that having the building set back is more aesthetically pleasing.
The amended motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green
NOES: Boardman
ABSENT: Cook
FINDINGS AND CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 03-62
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MEND DENIAL, BASED ON :
SISTENT WITH GENERAL PLAN 8�
Ili GUIDELINES "-m BUILDING NOT AT
R
NOT PROVIDE DISTINCTIVE
TECTURE m--o PROTOTYPICAL DESIGN
TECTURE NOT APPROPRIATE FOR
ION AT A PRIMARY ENTRY DIODE
S BUILDING IN PROXIMITY TO
® IYE LAND USES
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT: Appeal of Conditional Use Permit NO. 03-62 (Walgreen's
Pharmacy)
COUNCIL MEETING DATE: September 20, 2004
.... ........ _ ........ .................. . . . ...... ....
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 (Unbud et, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Attached
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Attached
PLNA EXATION FOR MISSING ATTACHMENTS.
REVIEWED RETURNED FORWARDED
..
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
� - 3
RCA Author: HZ:SH:PD:kjl
REQUEST FOR LATE SUBMITTAL
(To accompany RCA's submitted after Deadline
Department: Plannin7
Subject CUP 03-62 Wal reen's Pharmacy Appeal)
Council Meeting Date: Date of This Request: 9/13/04
9/20/04
REASON (Why is this RCA being submitted late?):
EXPLANATION (Why is this RCA necessary to this agenda?):
of �i
CONSEQUENCES How shall delay of this RCA adversely impact the City?):
ignature: L' Approved C3 Denied
,
Department Head P elope Cuilliielh-Grifft
City Administrator
Gi r�C� Cln"172 d,0 4 FINDINGS AND CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 03-62
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-62:
1. Conditional Use Permit No: 03-62 for the establishment, maintenance and o ration of a
11,838 sq. ft. single story, Walgreen's Pharmacy with drive-through servic ill not be
detrimental to the general welfare of persons working or residing in the vi inity and to the
value of the property and improvements in the neighborhood. The sub' ct property is
designated for commercial neighborhood development under the Ge ral Plan. The
proposed project is consistent with the permitted uses.and develop ent standards within
this designation. The proposed use will be less intense than the rrent use of the property
as a car wash and service station, and will not have any signific nt impacts on the adjacent
mobile home park based on the limited use of the drive thru, isting block wall, difference in
grade between the two land uses, and the proposed distanc between the two land uses.
2. The conditional use permit will be compatible with surro ding uses. The property abuts
commercial uses to the north, south and east and resi ntial use to the west. The subject
site is located approximately six to eight feet higher t an the adjacent mobile home park. An
existing 12-foot tall combination retaining and bloc all separates the two properties and
provides adequate noise attenuation from the pro osed use. The applicant will be required
to record an irrevocable offer for reciprocal vehi lar access to the adjacent commercial
property to the south to allow for future recipro al access between commercial properties in
compliance with the Zoning Code.
3. The proposed development will comply w' the provisions of the base district and other
applicable provisions in Titles 20-25 of t e Huntington Beach Zoning and Subdivision
Ordinance. The subject property is id tified in the General Plan as a primary entry node to
the City and, as such, should provid the highest architectural quality in compliance with the
General Plan, HBZSO, and Urban esign Guidelines.
4. The granting of the conditional a permit will not adversely affect the General Plan. It is
consistent with the following g Is and policies of the General Plan:
LU10.1.4. Require that co mercial buildings and sites be designed to achieve a high level
of architectural and site la out quality.
LU10.1.12. Require th t Commercial uses be designed and developed to achieve a high
level of quality, distin ive character, and compatibility with existing uses and development
including considera 'on of:
a. siting and desi n of structures to facilitate and encourage pedestrian activity;
b. siting of build' gs to the street frontage to convey a visual relationship to the street and
sidewalks;
c. architectu I treatment of buildings to minimize visual bulk and mass, using techniques
such as he modulation of building volumes and articulation of all elevations.
UD 1.2 onsider establishing, at each significant node, a local center that serves its
neighborhood constituency and provides a strong and distinct focal image focal image for
the district.
(04NOA0727) Attachment 1.1
The proposed development is in substantial compliance with the Urban Design Guidelines.
The siting and design of the proposed structure allows for pedestrian connections between
sidewalks and the Walgreen's Pharmacy across driveway/parking area/ii
-posed
architecture provides a prominent entry and incorporates quality materiesign.
CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 03-62
1. The site plan dated June 9, 2004, and floor plans and elevations re ived and dated
.February 12, 2004 shall be the conceptually approved layout with a following
modifications:
a. The design, colors, and materials for the subject buildin shall be reviewed by the
Design Review Board (DRB) following approval by the lanning Commission. The
following design standards shall be incorporated into roposed building architecture:
1) Elevations shall incorporate multiple roof plan s and/or a variety of roof slopes to
reduce the overall mass and bulk of the buil ing and comply with the Urban Design
Guidelines.
2) The overall architectural theme shall be ique to the site and surroundings.
3) In order to minimize the overall bulk of a building at the minimum setback line, the
building shall incorporate additional 0 sets and roof elements shall be set back from
the fagade of the building in certain cations along the north and east elevations.
b. All surplus-parking stalls shall be eli inated and additional landscaping shall be
provided adjacent to the building a within the parking area.
c. Pedestrian walkways consistent ith the original site plan dated February 12, 2004 shall
be provided for on the revised ite plan dated June 9, 2004.
d. Prior to submittal for buildin permits. The applicant shall submit a copy of the revised
site plan, floor plans and a vations pursuant to Condition No. 1 for review and approval,
and inclusion in the entitl ment file to the Planning Department and submit 8.5 inch by
10 inch colored elevatio s, materials board, and renderings to the Planning Department
for inclusion in the enti ement file.
2. Prior to issuance of a gr ding permit, the following shall be completed, as required:
a. The site plan rec ved and dated June 9, 2004 shall be the approved layout except for
the following: (P )
1) The Brook urst Street driveway shall be located at least 10 feet northerly of the
southerly roperty line, and provide a minimum 10-foot sight distance triangle
consiste t with the HBZSO Section 230.88.
2) A mini um 10-foot sight triangle must be provided for vehicles at the southwesterly
corner of the building.
3) A tru k-tracking exhibit, utilizing a WB-50 design vehicle, must be provided to
de onstrate that delivery trucks can be accommodated. This truck tracking exhibit
m st illustrate a truck entering the site, accessing the loading docks and egressing
thefsite. It must be demonstrated that the truck movements will not encroach into
opposite directions of roadway traffic nor impact the parking spaces shown. A truck-
tracking exhibit for garbage truck accessing the trash enclosure must also be
provided.
(04NOA0727) Attachment 1.2
3. The structure(s) cannot be occupied, the final building permit(s) cannot be approved/building
and
utilities cannot be released for commencement of use and issuance rtificate f
Occupancy until compliance with all conditions of approval specifiedre
accomplished and verified by the Planning Department.
4. The applicant shall recorder an offer for reciprocal vehicular access Iacent
commercial property to the south, with the Office of the County Recohe location and
width of the accessway shall be reviewed and approved by the Planartment and
Public Works Department. The subject property owner shall be respor making
necessary improvements to implement the reciprocal driveway. Thestrument shall
be submitted to the Planning Department a minimum of lovidewritten
priing permit
issuance. The document shall be approved by the Plann ent and the City
Attorney as to form and content and, when approved, sh rded in the Office of the
County Recorder prior to final building permit approval. f the recorded document
shall be filed with the Planning Department for inclusion titlement file prior to final
building permit approval. The recorded agreement shallin effect in perpetuity,
except as modified or rescinded pursuant to the expressn approval of the City of
Huntington Beach.
5. The property owner or designated representative shall pritten acknowledgement
agreeing to schedule semi-annual "landscaping mainte ance walks" with the City
Landscape architect to review the quality of the appro ed landscaping. The first walk shall
occur six (6) months after final inspection and appro al given at the time of initial occupancy,
and shall continue at six (6) month intervals for a p riod of five (5) years. The quality of
continuing maintenance, or lack thereof, will deter ine whether or not CUP revocation
proceedings will begin. If the level of maintenan,e is inappropriate, but not adequate
enough to warrant CUP revocation, the five (5) ear time period and semi-annual walks will
be extended.
6. The Planning Director ensures that all cond' ions of approval herein are complied with. The
Planning Director shall be notified in writin- if any changes to the site plan, elevations and
floor plans are proposed as a result of th plan check process. Building permits shall not be
issued until the Planning Director has re iewed and approved the proposed changes for
conformance with the intent of the Zon}} g Administrator's action and the conditions herein. If
the proposed changes are of a subst fitial nature, an amendment to the original entitlement
reviewed by the Zoning Administrator may be required pursuant to the Huntington Beach
Zoning and Subdivision Ordinance.
7. The applicant and/or applicant's epresentative shall be responsible for ensuring the
accuracy of all plans and info tion submitted to the City for review and approval.
INDEMNIFICATION AND HOLD ARMLESS CONDITION:
The owner of the property whi is the subject of this project and the project applicant if different
from the property owner, and ach of their heirs, successors and assigns, shall defend,
indemnify and hold harm'es the City of Huntington Beach and its agents, officers, and
employees from any claim, ction or proceedings, liability cost, including attorneys fees and
costs against the City or it agents, officers or employees, to attack, set aside, void or annul any
approval of the City, incl ing but not limited to any approval granted by the City Council,
Planning Commission, Design Review Board concerning this project. The City shall promptly
notify the applicant of y claim, action or proceeding and should cooperate fully in the defense
thereof.
(04NOA0727) Attachment 1.3
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY. GIVEN that on Monday, September 20, 2004, at 7:00 p.m.
in the City Council Chambers, 2000 Main Street, Huntington Beach, the City
Council will hold a public hearing on the following planning and zoning item:
❑ 1. ZONING TEXT AMENDMENT NO. 03-02 (ENTITLEMENT PERMIT
STREAMLINING PHASE ll): Applicant: City of Huntington Beach
Request: To amend 15 chapters of the Huntington Beach Zoning and
Subdivision Ordinance, codify policies and clarify certain sections of
existing codes and amend various sections of the Downtown Specific Plan
SP 5. The proposed amendments are intended to reduce the overall
number of discretionary entitlement applications by allowing the use by
right or having a lower level discretionary body review the entitlement.
Location: Citywide Proiect Planner: Rosemary Medel
❑ 2. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF
CONDITIONAL USE PERMIT NO. 03-62 (WALGREEN'S PHARMACY):
Applicant:.. Brandy Yamamoto, Spear Design Associates Appellant:
:Connie Boardman, City Council Member Request: CUP:- To permit the
development of a 11;838 square foot Walgreen's Pharmacy with drive
thru service, located in the CG (Commercial General) zone. The proposal
includes installation of new landscape planters and new surface parking.
Location: 19001 Brookhurst Street. (Southwest corner of Brookhurst St.
and Garfield Ave.) Project Planner: Paul Da Veiga, Associate Planner
NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the
provisions of the California Environmental Quality Act.
NOTICE IS HEREBY GIVEN that the initial environmental assessment for Item
No. 2 was processed and completed in accordance with the California
Environmental Quality Act.. It.was determined that Item No. 2 would not have
any significant environmental effects and that a negative.declaration is
warranted. Negative Declaration No. 03-09 was approved by the Zoning
Administrator on June 2, 2004. No appeals were filed during the 10-day appeal
period. The document is on file at the City of Huntington Beach Planning
Department, 2000 Main Street, and is available for public inspection by
contacting the Planning Department, or by telephoning (714) 536-5271.
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 on (.Thursday before meeting) September 16, 2004.
(g:legals:CCLGFRM2a)
ALL INTERESTED PERSONS are invited to attend said meeting and express
opinions or submit evidence for or against the application as outlined above. If
there are any further questions please call the Planning Department at 536-5271
and refer to the above item. Direct your written communications to the City Clerk
Joan Flynn; City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, California 92648
(714) 536-5227
(g:1ega1s:CCLGFRM2a)
F+V-'
C,'I AA-
?V-6 /0
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday, September 20, 2004, at 7:00 p.m.
in the City Council Chambers, 2000 Main Street, Huntington Beach, the City
Council will hold a public hearing on the following planning and zoning item:
❑ 1. ZONING TEXT AMENDMENT NO. 03-02 (ENTITLEMENT PERMIT
STREAMLINING PHASE II): Applicant: City of Huntington Beach
Request: To amend 15 chapters of the Huntington Beach Zoning and
Subdivision Ordinance, codify policies and clarify.certain sections of
existing codes and amend various sections of the Downtown Specific Plan
SP 5. The proposed amendments are intended to reduce the overall
number of discretionary entitlement applications by allowing the use by
right or having a lower level discretionary body review the entitlement.
Location: Citywide Project Planner: Rosemary Medel
❑ 2. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF
CONDITIONAL USE PERMIT NO. 03-62 (WALGREEN'S PHARMACY):
Applicant: Brandy Yamamoto, Spear Design Associates Appellant:
Connie Boardman, City Council Member Request: CUP: To permit the
development of a 11,838 square foot Walgreen's Pharmacy with drive
thru service, located in the CG (Commercial General) zone. The proposal
includes installation of new landscape planters and new surface parking.
Location: 19001 Brookhurst Street. (Southwest corner of Brookhurst St.
and Garfield Ave.) Project Planner: Paul Da Veiga, Associate Planner
NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the
provisions of the California Environmental Quality Act.
NOTICE IS HEREBY GIVEN that the initial environmental assessment for Item
No. 2 was processed and completed in accordance with the California
Environmental Quality Act. It was determined that Item No. 2 would not have
any significant environmental effects and that a negative declaration is
warranted. Negative Declaration No. 03-09 was approved by the Zoning
Administrator on June 2, 2004. No appeals were filed during the 10-day appeal
period. The document is on file at the City of Huntington Beach Planning
Department, 2000 Main Street, and is available for public inspection by
contacting the Planning Department, or by telephoning (714) 536-5271.
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 on (Thursday before meeting) September 16, 2004.
(g:1ega1s:CCLGFRM2a)
ALL INTERESTED PERSONS are invited to attend said meeting and express
opinions or submit evidence for or against the application as outlined above. If
there are any further questions please call the Planning Department at 536-5271
and refer to the above item. Direct your written communications to the City Clerk
Joan Flynn, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, California 92648
(714) 536-5227
(g:1ega1s:CCLGFRM2a)
i
CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST
SUBJECT: wm.&1— iu >°d> d'�—�'.L LI.J�►t� ��.! s I� ���
DEP T1ViENT: � I l ' _ 'MEETING DATE: `
CO ACT:� PHONE: X
N/A YES CIO.
Is the notice attached?
Do the Heading and Closing of Notice reflect City Council(and/or
Redevelopmeat Ageacy)hearing?
Are the date,day and time of the public bearing correct?
( ) ( ) If an appeal,is the appellant's name included in the notice?
1
( ( ) ( ) If Coastal Development Permit,does the notice include appeal language?
( ) ( ) (►� Is there an Environmental Status to be approved by Council?
( ) ( ) ( Is a map attached for publication?
( ) ( ) ( Is a larger ad.required? Size
Is the verification statement attached indicating the source and accuracy of the
mailing list?
Are the applicant's name and address part of the mailing labels?
Are the appellanes name and address part of the mailing labels?
If Coastal Development Permit,is the Coastal Commission part of the n=Tmg
labels? 1 -
If Coastal Development Permit,are the resident labels attached?
Is the Report 33433 attached? (Economic Development Dept.items only)
Pleas complete the following. -
1. Minimum days from publication to hearing date
- i
2. Number of times to be published I
3. Number of days between publications
21
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Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach,CA 92646
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Occupant, Unit 64. Occupant,Unit 65 Occupant, Unit 66
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Occupant, Unit 67 Occupant, Unit 68 Occupant, Unit 69
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Occupant, Unit 70 Occupant,Unit 71 Occupant,Unit 72
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Occupant, Unit 73 Occupant, Unit 74 Occupant, Unit 75
9850 Garfield Avenue 9850:Garfield Avenue 9850 Garfield Avenue
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Occupant, Unit 76 Occupant,Unit 77 Occupant,Unit 78
9850 Garfield Avenue 9850 Garfield Avenue 9850 Garfield Avenue
Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646
Occupant, Unit 79 Occupant, Unit 80 Occupant, Unit 81
9850 Garfield Avenue 9850 Garfield Avenue 9850 Garfield Avenue
Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646
Occupant, Unit 82 - Occupant,Unit 83 Occupant,Unit 84
9850 Garfield Avenue 9850 Garfield Avenue 9850 Garfield Avenue
Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646
Occupant, Unit 85 Occupant, Unit 86 Occupant,Unit 87
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Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646
Occupant,Unit 88 Occupant,Unit 89 Occupant,Unit 90
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Occupant, Unit 37 Occupant, Unit 38 Occupant, Unit 39
9850 Garfield Avenue 9850 Garfield Avenue 9850 Garfield Avenue
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Occupant,Unit 40 Occupant,Unit 41 Occupant, Unit 42
9850 Garfield Avenue 9850 Garfield Avenue 9850 Garfield Avenue
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Occupant, Unit 43 Occupant, Unit 44 Occupant,Unit 45
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Occupant, Unit 46 Occupant, Unit 47 Occupant,Unit 48
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Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646
Occupant,Unit 49 Occupant, Unit 50 Occupant,Unit 51
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Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646
Occupant,Unit 52 Occupant,Unit 53 Occupant,Unit 54
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Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646
Dccupant,Unit 55 Occupant, Unit 56 Occupant,Unit 57
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3untington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach,CA 92646
Jccupant, Unit 58 Occupant, Unit 59 Occupant,Unit 60
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Occupant, Unit 4.
Occupant,Unit 5 Occupant, Unit 6
9850 Garfield Avenue 9850 Garfield Avenue 9850 Garfield Avenue
Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646
Occupant, Unit 7 Occupant, Unit 8 Occupant, Unit 9
9850 Garfield Avenue 9850 Garfield Avenue 9850 Garfield Avenue
Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646
Occupant, Unit 10 Occupant, Unit 11 Occupant, Unit 12
9850 Garfield Avenue 9850 Garfield Avenue 9850 Garfield Avenue
_Huntington Beach, CA 92646__ _ _ Huntington Beach, CA _92646 Huntington Beach, CA 92646
Occupant, Unit 13 Occupant, Unit 14 Occupant, Unit 15
3850 Garfield Avenue 9850 Garfield Avenue 9850.Garfield Avenue
Huntington Beach,CA 92646 _ Huntington Beach, CA 92646 Huntington Beach,-CA 92646
Jccupant, Unit 16 Occupant,Unit 17 Occupant, Unit 18
?850 Garfield Avenue 9850 Garfield Avenue 9850 Garfield Avenue
3untington Beach,CA 92646 Huntington Beach, CA_92646_ Huntington Beach, CA 92646 .
Dccupant, Unit 19 Occupant, Unit 20 Occupant, Unit 21
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iuntington Beach, CA. 92646- -Huntington Beach,CA 92646 Huntington Beach, CA 92646-
Dccupant, Unit 22 Occupant, Unit 23 Occupant,Unit 24
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3untington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646
occupant, Unit 25 Occupant, Unit 26 Occupant, Unit 27
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occupant, Unit 28 Occupant, Unit 29 Occupant,Unit 30
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461.10 Verba Santa Dr PO Box S 100 6181 Rainbow Heiulits Rd
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PO Box 4349 Amf Ohare 8222 Melrose Ave#200
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Santa Aria.CA 9210i Ne\N-pOrt Beach.CA 92653 Houston,TX 77267
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3952 Garfield Attn: Brandy Yamamoto Env. Board Chairperson
iuntirgton Beach CA 92646 1228 Avenida Amistad 8452 Grace Circle
San Marcos CA 92069 Huntington Beach CA 92646
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.0200 Slater Avenue
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Occupant, Unit 130 Occupant, Unit 131 Occupant,Unit 132
9850 Garfield Avenue 9850 Garfield Avenue 9850 Garfield Avenue
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Occupant, Unit 133 Occupant,Unit 134 ! Occupant, Unit 135
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Occupant, Unit 136 Occupant, Unit 137 Community Center
9850 Garfield Avenue 9850 Garfield Avenue 9850 Garfield Avenue
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Occupant Occupant Occupant
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Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach; CA 92646
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CITY OF HUNTINGTON BEACH
City Council Communication
TO: Joan Flynn, City Clerk o
FROM: Connie Boardman, City Council Member
DATE: August 3, 2004 C:)
Rl fT;r.;a
SUBJECT: APPEAL OF THE PLANNING COMMISSION'S APPROVAL. OF
CONDITIONAL USE PERMIT NO. 03-62 (WALGREENS PHARMCY:
I would like to appeal the Planning Commission's approval of Conditional Use Permit
No. 03-62 on July 27, 2004. The approval permits the development of an 11,838
square feet Walgreen's Pharmacy with a drive-thru at 19001 Brookhurst Street
(southwest corner of Brookhurst and Garfield). The reasons for the appeal are based
on the following issues:
a The provisions in the Urban Design Guidelines encourage the siting of buildings on
corner lots adjacent to the street corner. This design provision is intended to create
a visual and pedestrian link between the building and the street/sidewalks and to
provide screening of parking areas. The approved layout does not conform to this
provision.
❑ The Design Guidelines promote high quality, innovative, and imaginative
architectural design of buildings unique to the site or surroundings. The Guidelines
also discourage prototypical and/or corporate design. The approved building does
not adequately address these provisions.
o The project is located at a Primary Entry Node that is identified in the General Plan
and should be designed consistent with the provisions outlined in the General Plan
and Urban Design Guidelines.
o The City Council should review the proposed building location, the quality of design,
colors, and materials for the structure, and overall compliance with the General
Plan and Urban Design Guidelines.
xc: Mayor and City Council Members
Planning Commission
Penny Culbreth-Graft, City Administrator
Bill Workman, Assistant City Administrator
Howard Zelefsky, Director of Planning
(gAadmin1tr\2004\0803hf1) ATTACHMENT NO.
NOTICE OF APPEAL TO PLANNING COMNIISSION ACTION
OF
(,p Date of Planninga" a Fon
~ TO: Planning Dept (2 copies) DATE: --6
City Attorney (1 copy)
FILED BY. �� —0J Q/ �DA)N
REGARDING: P . G `Z .S
Tentative Date for Public Hearing:
Copy of Appeal Letter attached_
LEGAL NOTICE AND A.P.DIAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S
OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE
City Clerk
x5227
City of Huntington Beachj
Office of the City,Clerk * ''
P.O. Box 190
Huntington Beach, CA 92648
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• •
Regular Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, September 20, 2004
5:00 P.M. Room B-8
7:00 PM -Council Chambers
Civic Center-, 2000 Main'Street
Huntington Beach, California 92648
An audiotape of the 5:00 p.m. portion of this meeting
and a videotape of the 7:00 p.m. portion of this meeting
are on file in the Office of the City Clerk.
Call to Order
Mayor Green called the regular meetings of the City Council/Redevelopment Agency of the City of
Huntington Beach to order at 5:00 p.m. in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Sullivan, Coerper, Hardy, Green, Boardman (arrived at 5:16 p.m.)
(Councilmember Debbie Cook had requested permission to be absent from the
meeting pursuant to Resolution No. 2001-54.)
Absent:. Cook
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings)Act, City Clerk Joan L. Flynn announced Late
Communications regarding agenda items that had been received by her office following
distribution of the agenda packet:
Communication from Councilmember Debbie Cook dated September 20, 2004 requesting
permission to be absent from the Council meeting.
Correction to the title of the presenter Mr. Jack Fancher to the Federal Department of Fish and
Wildlife.
Communication from James F. Trout, Project Coordinator dated_ September 10,2004 and titled .
Bolsa.Chita Restoration Project Groundbreaking Event. .
(City Council) Study Session Held—Update Given by the Public Works Department and
the Federal Department of Fish and Wildlife on the Bolsa Chica Restoration Project (440.60)
Assistant City Administrator Bill Workman introduced Jack Fancher of the United States Fish and
Wildlife Service.
Mr. Fancher gave a PowerPoint presentation entitled Bolsa Chica Restoration Project.The report
enumerated the eight agencies that are known as the steering committee for this project, one of
which is the United States Fish and Wildlife Service.
(2) • September 20,2004-Coun*gency Minutes -Page 2
Mr. Fancher gave a 100-year history of the Bolsa Chica, noted the elements for the current project,
and highlighted recent accomplishments. Construction is scheduled to begin by October 1, 2004
and completion is anticipated as soon as spring of 2006, with the groundbreaking ceremony
scheduled on October 6, 2004. Mr. Fancher gave further information regarding the project's impact
on public access as follows:
Public_Access--Closed during construction Fall.2004-2005
• South levee at loop trail,
• Loop trail at boardwalk,
• Middle bridge, and
• South flood channel levee on east end and across Fieldstone
There were several inquiries from councilmembers relating to detours on Pacific Coast
Highway, cleanup of contaminated nest sites, the stages of water cleanup, management of
predators such as foxes and coyotes, removal of debris, and the status of the Fieldstone
property. Mr. Fancher responded to all inquiries.
Motion to Recess to Closed Session—Approved
A motion was made by Sullivan, second Hardy to recess to Closed Session on the following items.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman
NOES: None
ABSENT: Cook
(City Council) Closed Session—Pursuant to Government Code Section 54956:9(a).to confer
With its attorney regarding pending litigation which has been:initiated formally and to which the
city is a party. The title of the litigation is Scottsdale Insurance Co. v. City of Huntington
Beach, Orange County Superior Court Case No. 761735. Subject: Scottsdale Insurance Co.
v. City of Huntington Beach. (120.80)
(City Council) Closed Session—Pursuant to Government Code Section 54957.6 to meet with
its designated representatives: Agency Negotiators: Penelope Culbreth-Graft, City
Administrator, Clay Martin, Director of Administrative Services; and Irma Youssefieh, Human
Resources Manager regarding labor relations matters—meet and confer with the following
employee organizations: MEO, MEA, PMA, FMA, HBPOA, HBFA, MSOA, SCLEA and Non-
Associated. Subject: Labor Relations—Meet& Confer. (120.80)
(City Council) Closed Session-Pursuant to.Government Code Section 549.57.6 to meet with
its Agency Negotiator, Penelope.Culbreth-Graft, City.Administrator to consider personnel
matters. Subject: Compensation of Chief of Police (120.80)
Reconvened City Council/Redevelopment Agency Meeting—7:00 P.M.—Council
Chambers.
City Council- Redevelopment Agency Roll Call
Present: Sullivan, Coerper, Hardy, Green, Boardman
(Councilmember Debbie Cook had requested permission to be absent from the
meeting pursuant to Resolution No. 2001-54.)
Absent: Cook
(3) • September 20, 2004-Councieency Minutes -Page 3
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B)).
Mayor Green asked City Attorney Jennifer McGrath if there were any actions taken by the City
Council or Redevelopment Agency in Closed Session that required a reporting. City Attorney
McGrath responded that there were no actions to report.:
Pledge of Allegiance—Led by Mayor Cathy Green
Invocation—Led by Reverend Peggy Price
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings)Act, City Clerk Joan L. Flynn announced Late
Communications regarding agenda items that had been received by her office following
distribution of the agenda packet:
Communication from Councilmember Debbie Cook dated September 20, 2004 requesting
permission to be absent from the council meeting.
Correction to the title of the Study Session presenter Mr. Jack Fancher to the Federal
Department of Fish and Wildlife.
Communication from James F. Trout, Project Coordinator dated September 10, 2004 and titled
Bolsa Chica Restoration_Project Groundbreaking Event.
Communication regarding the Closed Session Item regarding Compensation of Chief of Police
from the City Attorney dated September 20, 2004 to add Penelope Culbreth-Graft, City
Administrator as the agency negotiator and to correct the Government Code Section to 54957.6.
Communication regarding the Closed Session Item regarding Labor Relations to change agency
negotiators to include only the City Administrator, the Director of Administrative Services, and
the Human Resources Manager.
Power Point Presentation dated September 20, 2004 titled Fiscal Year 200412005 Budget
Presentation submitted by the City Administrator and the Director of Administrative Services.
Communication from Director of Economic Development dated September 20, 2004 and titled
The Strand Community Facilities District No. 2004= 1 requesting Public Hearing be opened and
continued to the.November 15, 2004 council.meeting.
Correction from the City Clerk of a typographical error on page 15 of the agenda in the first
recommended action for Zoning Text Amendment No. 03-02. The title of the Ordinance for
introduction should read as "...Chapter 203-Definitions and Chapter 241-Conditional Use
Permits".
Communication from Councilmember Gil Coerper dated September 20, 2004 titled Overlook
Park.
(4) • September 20,2004-Counogency Minutes - Page 4
The Following Additional Late Communications Were Submitted During the Meeting:
Communication submitted by Mark Bixby, undated,titled The Invocation: An Analysis which is a
PowerPoint report.
Presentation made by Mayor Cathy Green who called on Ocean View.School District Board of
Trustees President Barbara Boskovich, Ocean View School District Superintendent James
Tarwater, and the Lake View NASA Team, who worked to have Lake View School named a
NASA Explorer School. Lake View is one of only 50 schools in the nation to receive this
distinguished honor. Members of the team include: Team Leader Geoffrey Hammond, Principal
Colette Wright, School Facilitator Kelley Roe, Community Liaison Bridget Giles and Special
Educator Suzanne Van Dyke. A commendation was presented to the-school. (160.40)
Mayor's Award by Mayor Cathy Green who was joined by Public Works Director Robert F.
Beardsley to present the Mayor's award to Utilities Division Crewleader Tommy Sturgeon. Tommy
has been a City employee for 31 years and is one of the most respected members of the Water
Division due to his dedication, dependability, and knowledge. (160.40)
Public Comments
Barbara Boskovich, member of the Oceanview School District Board of Trustees, commended
Council for a job well done. Ms. Boskovich also expressed appreciation to the Public Works
Department for the work of Peek Signal Maintenance and their expedient installation of the
pedestrian signal at Lakeview School.
Jim Moreno spoke regarding.vandalism relative to political signs Mr. Moreno:offered a $500
reward to anyone who makes a report resulting in arrest and conviction of violators and asked
the City to match his offer.
Tim Geddes addressed Council on the agenda item regarding the selection of a
councilmember, stating disagreement with the options listed and proposing a third option for
City Council to appoint Grace Winchell immediately and unanimously. Mr. Geddes presented
reasons, including Ms. Winchell's filling in for the remainder of Councilmember Garofalo's term
of office upon his resignation.
Peter Albini informed Council of having attended a groundwater replenishment groundbreaking
event. Mr. Albini spoke in opposition to holding a special election and in favor of appointment to
City Council as suggested in the agenda item regarding the selection of a Councilmember.
Elmer Smith alleged the purchase by Mills Land and.Water of Cabrillo Mobile Howie property
was illegal. Mr. Smith spoke regarding.despotism and eminent domain.
Steve Stafford spoke regarding the status of his residential tract, and stated his opinion that it
has not improved. The speaker cited safety problems with the installment of smoke alarms.
City Administrator Penelope Culbreth-Graft provided information regarding Mr. Stafford's
allegations. Dr. Culbreth-Graft reported no evidence of wrongdoing by city staff, stating that she
had responded to Mr. Stafford's requests after reviews had been done and inspections made.
City staff will continue to work with homeowners on easement and right-of way issues.
(5) September 20, 2004-Council•ency Minutes -Page 5
Mary Jo Baretich, resident of the Cabrillo Mobile Home Park, announced that one of the
intended speakers, Mr. John McGregor had met with an accident but reported he is doing well.
Ms. Baretich spoke regarding the proposed Mobile Home Park Conversion Ordinance and rent
increases.
Carlos Ruiz, manager of a.15-unit apartment building,-made,_a complaint about noise from the .
delivery trucks at the Norm Reeves Honda dealership near his property. Mr. Ruiz reported that
he is not satisfied with the results of his request to abate noise from early morning deliveries.
Dr.Culbreth-Graft made a request that Mr. Ruiz leave a blue contact card with the Sergeant-at-Ames.
Mark Bixby presented a PowerPoint report regarding Invocations, stating his opinion that major
area religions and sects are omitted and that the audience is pressured to participate. Mr. Bixby
recommended that the"moment of silence"approach be used instead of an Invocation.
City Clerk Joan L. Flynn requested a copy of the PowerPoint report in order to make it available
for public record.
Joey Racano expressed well wishes to Mr. John McGregor and spoke regarding Cabrillo
Mobile Home Park, Pacific Mobile Home Park, recreational vehicle parking restrictions and the
Pacific City project. Mr. Racano recommended shutting down Main Street to traffic and spoke in
opposition to the AES Power Plant and desalination.
Steven Nayko spoke in opposition to the developer of his property, stating that he sustained
injuries from :malfunctioning.garage•door and that he has.had.to make.efforts to abate fecal
matter under.his house
Councilmember Boardman inquired of the City Administrator, if Mr. Nayko had come forward
with this information during their meeting at the homeowner's residence. Dr. Culbreth-Graft
reported.
Norm "Firecracker" Westwell, candidate for State Assembly, City Council and the Ocean
View School District, thanked Mr. Moreno for offering a reward for the theft of political signs. He
recommended that either Grace Winchell or Ralph Bauer be appointed to the City Council with
regards to agenda item relative to the selection of a councilmember. Mr. Westwell further
announced a reminder that the community meeting to discuss RV parking will be held
September 21, 2004 at 6:00 p.m. in the Council Chambers.
John Earl spoke regarding democracy and expressed his seriousness in running for.City
Council. The speaker:requested voters not dismiss candidates.for not having:submitted a..
Candidate Statement of Qualifications. The speaker invited"attendance at the Candidate's
Forum, October 14, 2004 at 7:00 p.m. in the chambers. He provided his e-mail address:
johnforcouncil@hotmail.com.
Carrie Thomas spoke regarding the agenda item pertaining to Overlook Park. She stated
reasons why, in her opinion, the park should not be locked. Ms. Thomas stated that the park
should have standard park hours, increased access to the public via Seapoint and Edwards,
and that signage should announce the fact that it is a public park.
(6) . September 20, 2004-Counokgency Minutes - Page 6
(City Council) Best Wishes for Mr.John McGregor's Recovery (120.85)
Councilmember Connie Boardman wished Mr. John McGregor the best in his recovery.
(City Administrator's Report) City Administrator Penelope Culbreth-Graft Presented an
Update.on the Property Tax Refund Claims and the Huntington Beach Sports Complex (160.10)
-Dr...'Culbreth-Graft presented an update on the Howard Jarvis property tax refund claims. She.
reported Triple A Bond sales to close 9/21/04 and the subsequent issuance of refund checks to
begin 10/4/04 for claims received by 7/30/04. Dr. Culbreth-Graft shared information briefly on
the Sports Complex, stating legal issues prevent her from disclosing all matters fully and that
City Attorney Jennifer McGrath is meeting with many parties to resolve issues.
(City Council) Reviewed and Accepted Shari Freidenrich's, City Treasurer's July 2004
Report Titled City of Huntington Beach Summary of City Investment Portfolio, Bond
Proceeds, and Deferred Compensation Activity (310.20)
City Treasurer Shari Freidenrich gave a PowerPoint report titled July Treasurer's Report, which
was included in the agenda packet.
A motion was made by Boardman, second Coerper to review and accept the monthly report.
Following review of the report, by motion of Council, accept the Monthly Investment Report
Summary of Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity forJuly
2004, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The
motion carried by the following roll call vote:
AYES. Sullivan, Coerper, Hardy;Green; Boardman.
NOES: =.None.
ABSENT: Cook
(City Council/Redevelopment Agency) Joint Public Hearing Held of the City Council and
the Redevelopment Agency-Approved a Proposed Disposition and Development
Agreement (DDA) Providing for the Conveyance of Real Property within the City of
Huntington Beach (Located at 2502 Delaware Street)to Habitat for Humanity of Orange
County, Inc.for the Development of a Single Family Affordable Housing Unit-Adopted
Resolution No.2004-75 and Agency Resolution No. 351 (430.50)
Mayor/Chair Green announced that this was the time noticed for a public hearing to consider a
Joint Public Hearing of the City Council and the Redevelopment Agency for the purpose of
considering:
1. _ The proposed conveyance of real property by the Agency.to the Developer. .:
2. The proposed terms and conditions of such conveyance of real property.
3. The proposed DDA.
4. All evidence and testimony for and against the approval of the DDA, the conveyance of real
property and the terms and conditions therefore.
The DDA between the Agency and the Developer concerns the disposition of property which has
been or may be acquired by the Agency and conveyed to the Developer. The property to be
conveyed consists of one parcel of approximately 2,750 square feet commonly known as 2502
Delaware Street. The DDA includes the terms for the development of a single-family unit for
affordable housing.
(7) • September 20, 2004-Councid&ncy Minutes - Page 7
The Agency has prepared a Summary Report in connection with the Agreement that describes the
specifics:
1. The cost of the DDA to the Agency.
2. The estimated value of the interests to be conveyed.
3.. . The purchase price of the property to be:conveyed. .
4. ` An explanation of why the project will assist in the.elimination of.blight.
5. Other pertinent analysis.
The environmental impacts of the proposed project have been analyzed in environmental impact
reports and documents.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Economic Development/Deputy Executive Director David Biggs presented a PowerPoint slide
report titled Habitat for Humanity Disposition and Development Agreement 2502 Delaware
Street Affordable Housing Project which was included in the agenda packet.
Mayor/Chair Green declared the public hearing open.
There being no persons present to.speak on the matter and there being no protests filed, either
written or oral, the Mayor/Chair declared the public hearing closed.
A motion was made by Coerper, second Green to:
City Council Actions
1. Adopt Resolution No. 2004-75— "A Resolution of the City Council of the City of
Huntington Beach Approving the Transfer and Sale of Certain Property Outside of the
Redevelopment Project Area, but in Benefit to the Merged Redevelopment Project Area,
to Habitat for Humanity of Orange County, Inc., a California Non-Profit Public Benefit
Corporation;Approving the Disposition and Development Agreement Pertaining thereto;
and Making Certain Findings with Respect to Such Sale(2502 Delaware Street);"
and
2. Temporarily waive the City's insurance-requirements for the purpose of approving
the Disposition and Development Agreement. Direct staff to ensure that insurance
requirements as described in the agreement are,met by Habitat for Humanity by.-
the close of escrow...:
Redevelopment Agency Actions
1. Adopt Agency Resolution No. 351 — A Resolution of the Redevelopment Agency of the
City of Huntington Beach Approving the Sale of Certain Property Outside of the
Redevelopment Project Area, but in Benefit to the Merged Redevelopment Project Area,
to Habitat for Humanity of Orange County, Inc., a California Non-Profit Public Benefit
Corporation;Approving the Disposition and Development Agreement Pertaining thereto;
and Making Certain Findings with Respect to Such Disposition and Development
Agreement and Such Sale (2502 Delaware Street);"
(8) September 20, 2004 -Cou*Agency Minutes -Page 8
and
2. Approve a Disposition and Development Agreement by and between the
Redevelopment Agency of the City of Huntington Beach and Habitat for Humanity of
..Orange County, Inc. (2502.Delaware Street);for$194,400.using Federal HOME
InYestment Partnership Program Funds for an affordable housing project at 2502
Delaware Street;
and
3. Authorize execution and recordation of the Disposition and Development Agreement, all
attachments, and other necessary related documents by the Agency Chairman,
Executive Director,"and Clerk when advised by the Agency General Counsel.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper,Hardy, Green, Boardman
NOES: None
ABSENT: Cook
THE FOLLOWING PUBLIC HEARING WAS NOTICED SEPARATELY: ON 9/2/04 FOR
RESOLUTION OF INTENTION NO.2004-68 AND ON 9/9/04 FOR RESOLUTION NO.2004-69:
(City Council) Public Hearing Opened and Continued-Open to 1.1/15/04.:on Two_:Resolutions _
Adopteo at the August 16,2004 Council Meeting: (1) Resolution of Intention 2004 68
Forming and Setting Boundaries of the District,'Holding Election and Declaring Results to
Establish Community Facilities District(CFD) No. 2004-1 (The Strand) -Blocks 104/105-and
(2) Resolution No.2004-69 Declaring Necessity to Incur Bonded Indebtedness Per
Disposition and Development Agreement(DDA) between the City and CIM/Huntington, LLC-
Adopt Resolution Nos.2004-76,2004-77 and 2004-78 (350.30)
Mayor Green announced that this was the time noticed for a public hearing to consider
Resolution of Intention No. 2004-68 and with respect to the establishment of said community
facilities district,which provides in summary as follows:
1. The name proposed for the community facilities district is "City of Huntington Beach
Community Facilities District No. 2004-1 (The Strand), County of Orange, State of
California,"
2. The boundaries of the proposed community facilities district are described and shown'on the
map entitled"Boundaries of City of Huntington Beach Community Facilities District No.
2004-1 (The Strand), County of Orange, State of California,"which is on file with the City
Clerk.
3. The types of public facilities proposed to be provided for and financed by the proposed
community facilities district are:
(15) • September 20,2004-Cou,/Agency Minutes-Page 15
FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO. 03-62:
1. Conditional Use Permit No. 03-62 for the establishment, maintenance and operation of a 11,838
sq. ft. single story,Walgreens Pharmacy with drive-through service will not be detrimental to the
general welfare of persons working or residing in the vicinity and to the value of the property and
improvements in the neighborhood. The subject property is designated for commercial
neighborhood development:under the General Plan. The proposed.project is'consistent with the
permitted uses and development standards within this designation. The proposed use will be
less intense than the current use of the property as a car wash and service station, and will not
have any significant impacts on the adjacent mobile home park based on the limited use of the
drive thru, existing block wall, difference in grade between the two land uses, and the proposed
distance between the two land uses.
2. The conditional use permit will be compatible with surrounding uses. The property abuts
commercial uses to the north, south and east and residential use to the west. The subject site
is located approximately six to eight feet higher than the adjacent mobile home park. An
existing 12-foot tall combination retaining and block wall separates the two properties and
provides adequate noise attenuation from the proposed use. The applicant will be required to
record an irrevocable offer for reciprocal vehicular access to the adjacent commercial property
to the south to allow for future reciprocal access between commercial properties in compliance
with the.Zoning Code.
3. The proposed development 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. The subject property is identified in the General Plan as a primary entry node to the
City and, as such, should .rovide.the highest architectural'-quality m.com Hance with the.
tY p 9 q. ty p
General Plan,HBZSO,:and_Urban Design:Guidelines.::
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the following goals and policies of the General Plan:
LU10.1.4. Require that commercial buildings and sites be designed to achieve a high level of
architectural and site layout quality.
LU10.1.12. Require that Commercial uses be designed and developed to achieve a high level
of quality, distinctive character, and compatibility with existing uses and development including
consideration of:
c. siting and design of structures to facilitate and encourage pedestrian activity;
d. siting of buildings to the street frontage to convey a visual relationship to the street and
sidewalks;
e. architectural treatment of buildings to-minimize visual bulk and mass, using.techniques such
as the modulation of building volumes and articulation of all elevations.
UD 1.2 Consider establishing, at each significant node, a local center that serves its
neighborhood constituency and provides a strong and distinct focal image focal image for the
ditrict.
The proposed development is in substantial compliance with the Urban Design Guidelines. The
siting and design of the proposed structure allows for pedestrian connections between
sidewalks and the Walgreens Pharmacy across driveway/parking areas. The proposed
architecture provides a prominent entry and incorporates quality materials in its design.
(16) • September 20, 2004 -Council/0ncy Minutes -Page 16
CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 03-62:
1. The site plan dated June 9, 2004, and floor plans and elevations received and dated February
12, 2004 shall be the conceptually approved layout with the following modifications:
a. The design, colors, and.materials for the subject building shall be reviewed by the Design.
Review Board (DRB)following approval.by City Council. The following design standards. .
shall be incorporated into proposed building architecture:
1) Elevations shall incorporate multiple roof planes and/or a variety of roof slopes to
reduce the overall mass and bulk of the building and comply with the Urban Design
Guidelines.
2) The overall architectural theme shall be unique to the site and surroundings.
3) In order to minimize the overall bulk of the building at the minimum setback line, the
building shall incorporate additional offsets and roof elements shall be set back from
the fagade of the building in certain locations along the north and east elevations.
b. All surplus parking stalls shall be eliminated and additional landscaping shall be provided
adjacent to the building and within the parking area.
c. A seven (7)foot block wall shall be constructed along the westerly property line. The height
of the wall shall be measured from the adjacent grade on the subject site.
d. Pedestrian walkways consistent with the original site plan dated February 12, 2004 shall be
provided for on the.revised site plan dated June 9, 2004:_.
e. Prior to submittal for building permits.The applicant shall•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 8.5 inch by 10 inch
colored elevations, materials board, and renderings to the Planning Department for inclusion
in the entitlement file.
2. Prior to issuance of a grading permit, the following shall be completed, as required:
a. The site plan received and dated April 14, 2003 shall be the approved layout except for the
following: (PW)
1) The Brookhurst Street driveway shall be located at least 10 feet northerly of the
southerly property line, and provide a minimum 10-foot sight distance triangle consistent
with the HBZSO Section 230.88. .
2) A minimum 10-foot sight triangle must be provided for vehicles at the southwesterly - -_
corner of the building:
3) A truck-tracking exhibit, utilizing a WB-50 design vehicle, must be provided to
demonstrate that delivery trucks can be accommodated. This truck tracking exhibit must
illustrate a truck entering the site, accessing the loading docks and egressing the site. It
must be demonstrated that the truck movements will not encroach into opposite
directions of roadway traffic nor impact the parking spaces shown. A truck-tracking
exhibit for garbage truck accessing the trash enclosure must also be provided.
3. Truck deliveries to the site shall be limited to between the hours of 8 a.m. and 8 p.m.
(17) • September 20, 2004-Cou•/Agency Minutes -Page 17
4. The structure(s)cannot be occupied, the final building permit(s)cannot be approved, and
utilities cannot be released for commencement of use and issuance of a Certificate of
Occupancy until compliance with all conditions of approval specified herein are
accomplished and verified by the Planning Department.
5.. The applicant shall recorder an offer..for.reciprocal vehicular access to the adjacent commercial
property to the south,with the Office of the County Recorder. The location and.width of the
accessway shall be reviewed and approved by the Planning Department and Public Works
Department. The subject property owner shall be responsible for making necessary
improvements to implement the reciprocal driveway. The legal instrument shall be submitted to
the Planning Department a minimum of 30 days prior to building permit issuance. The document
shall be approved by the Planning Department and the City Attorney as to form and content
and, when approved, shall be recorded in the Office of the County Recorder prior to final
building permit approval. A copy of the recorded document shall be filed with the Planning
Department for inclusion in the entitlement file prior to final building permit approval. The
recorded agreement shall remain in effect in perpetuity, except as modified or rescinded
pursuant to the expressed written approval of the City of Huntington Beach.
6. The property owner or designated representative shall provide written acknowledgement
agreeing to schedule semi-annual "landscaping maintenance walks"with the City Landscape
architect to review the quality of the approved landscaping. The first walk shall occur six(6)
months after final inspection and approval given at the time of initial occupancy, and shall
continue at six(6) month intervals for a period of five (5)years. The quality of continuing
maintenance, or lack thereof, will determine whether or not.CUP revocation proceedings will
begin.. if the level of maintenance is inappropriate, but.not adequate enough to warrant CUP
revocation, the five (5)year time period and semi-annual walks will be extended.
7. 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 Zoning Administrator's action and the conditions herein. If the proposed
changes are of a substantial nature, an amendment to the original entitlement reviewed by the
Zoning Administrator may be required pursuant to the Huntington Beach Zoning and
Subdivision Ordinance.
8. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of
all plans and information submitted to the City for review and approval.
INDEMNIFICATION AND HOLD.HARMLESS.CONDITION:
The owner of the property which is the subject of this project and the project applicant if different
from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify
and hold harmless the City of Huntington Beach and its agents, officers, and employees from any
claim, action or proceedings, liability cost, including attorneys fees and costs against the City or its
agents, officers or employees, to attack, set aside, void or annul any approval of the City, including
but not limited to any approval granted by the City Council, Planning Commission, or Design
Review Board concerning this project. The City shall promptly notify the applicant of any claim,
action or proceeding and should cooperate fully in the defense thereof.
(18) • September 20, 2004-CouncilVcy Minutes -Page 18
(City Council) Public Hearing Held-Adopted the Proposed City Budget for Fiscal Year
2004-05—Adopted Resolution 2004-81 and Authorized Staff to Utilize the Professional
Services Listing for 2004-05 (320.20)
Mayor Green announced that this was the time noticed for a public hearing for the purpose of
•considering the city budget for FiscalYear 2004/05.
The proposed budget for FY 2004105 totals$297,925,177 including General Fund Expenditures of
$148,432,357. The complete, proposed budget for FY 2004/05 may be reviewed by the public from
8:00 AM to 5:00 PM, Monday through Friday in the City Clerk's Office at City Hall, 2000 Main
Street, Huntington Beach. Copies of the proposed budget are also available for public review at the
City's Central Library located at 7111 Talbert Avenue(Goldenwest St. and Talbert Ave.), and all
branch libraries. Copies of the Proposed Budget Message and Budget Summary may be
obtained by the public from the City's website at http://www.surfcity-hb.org.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
City Administrator Culbreth-Graft asked the staff members who worked on the budget to stand
and be acknowledged: Finance Officer Dan Villella, Senior Accountant Dianne Ashbaugh, and
Senior Budget Analyst John Roulette.
Mayor Green declared the public hearing open.
City Clerk Flynn announced the Late Communication for this public hearing was erroneously
announced as a communication for agenda item D-1, and is as follows:
POWerPOif.t,presentation titled:Fiscal.Year 2004/2005 Budget .Presentation submitted by the City
Administrator-and:the.Director,of Administrative Services.
There being no persons present to speak on the matter and there being no protests filed, either
written or oral, the Mayor declared the public hearing closed.
Councilmember Sullivan informed Council of his opinion that if revenues exceed projections, the
surplus should be used to restore services provided by public works and safety.
City Administrator Culbreth-Graft acknowledged that this could be addressed in the quarterly reviews.
A motion was made by Sullivan, second Hardy to:
1. Conduct the public hearing on the proposed $297,925,177.00 new appropriations for the
fiscal year 2004/2005 city budget as outlined in the budget document, and all revisions
contained in the Exhibits of.the Budget Resolution (Public hearing opened and continued
open from September 7, 2004); and
2. Adopt Resolution No.2004-81 — "A Resolution of the City Council of the City of
Huntington Beach Adopting a Budget for the City for Fiscal Year 2004/05," and
3. Authorize the attached "Professional Services Listing"to be representative of services
expected to be utilized by departments in 2004/2005.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman
NOES: None
ABSENT: Cook
(19) • September 20, 2004-Cou*Agency Minutes-Page 19
Consent Calendar—Items Approved
On motion by Sullivan, second Coerper Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green,.Boardman_(Hardy abstained from the 8/2/04.minutes)
NOES: None
ABSENT: Cook .
(City Council/Redevelopment Agency) Minutes (120.65)-Approved and adopted the
minutes of the City Council/Redevelopment Agency Regular Meetings of August 2, 2004 and
Adjourned Regular Meetings of August 9, 2004 as written and on file in the Office of the City
Clerk. Submitted by the City Clerk.
(City Council) Received and Filed Big Independent Cities Excess Pool (BICEP) Financial
Statements and Independent Auditor's Report—June 30, 2003 and 2002 (310.75)—
Received and filed the Big Independent Cities Excess Pool(BICEP) Financial Statements and
Supplementary Information With Independent Auditor's Report for the years ending June 30,
2003 and 2002. Submitted by the City Clerk. Funding Source: Not Applicable.
(City Council)Adopted Resolution No. 2004-79 Repealing Resolution No.2003-47 by
Revising the Fee Schedule for Civil Fines for Municipal Code Violations (340.20)-Adopted
Resolution No. 2004-79— "A Resolution of the City Council of the City of Huntington Beach
Revising the Fee Schedule for Civil Fines for Municipal Code Violations." Submitted by the City
Attorney and.the Police Chief.'.Funding:Source: Not Applicable,
(City Council) Approved Side Letter of Agreement to the Memorandum of Understanding
(MOU) between the City and the Huntington Beach Municipal Employees' Association
(MEA) Regarding (1) Uniforms; (2) Insurance Coverage Increase; and (3) General Leave
Accrual—Adopt Resolution No. 2004-82 (720.20)—Adopted Resolution No. 2004-82—"A
Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of
Understanding between the City and the Huntington Beach Municipal Employees'Association,
by Adopting a Side Letter of Agreement(Uniforms, Insurance Coverage, General Leave
Accruals.)" Submitted by the Administrative Services Director. Funding Source: As required by
state law in accordance with the California Public Employees' Retirement System (PERS), the
city will begin reporting for all eligible employees the value of city provided uniforms as
compensation for retirement calculation purposes. There is a one-time cost of$14,000 and an
ongoing annual cost of$7,000 related to reporting uniforms to PERS. The coverage level
. ..increase for life and accidental death &dismemberment insurance represents an:increase of
$2,800 annually to the budget. The increase to the General Leave accrual cap of 600 hours to .
640 hours represents a maximum liability of$530,000. At this time no adjustment is needed to
the fiscal year 2003/2004 budget or proposed fiscal year 2004/2005 budget.
(City Council) (1) Adopted Resolution No. 2004-73 Accepting and Agreeing to
Modifications Suggested by the California Coastal Commission for Local Coastal
Program Amendment (LCPA) No. 1-03 and (2)Adopted Resolution No.2004-80 Amending
Huntington Beach Zoning and Subdivision Ordinance Sections 230,231 and 254 (420.85)
1. Adopted Resolution No. 2004-73— "A Resolution of the City Council of the City of
Huntington Beach, California, which Acknowledges Receipt of the Coastal Commission Action
and Accepts and Agrees to Local Coastal Program Amendment No. 1-03 as Modified"and
(20) • September 20,2004-Council/ cy Minutes -Page 20
forwarded to the California Coastal Commission;and 2. Adopted Resolution No.2004-80— "A
Resolution of the City Council of the City of Huntington Beach Amending the Huntington Beach
Zoning and Subdivision Ordinance by Amending Sections 230.96, 231.04, 231.18 and 254.08
thereof to Conform LCP Amendment No. 1-03 to Modifications Made by the California Coastal
Commission." Submitted by the Planning Director. Funding Source: Not applicable.
(City Council) Approved_City Council:Position on Legislation-Pending before the
Federal, State, or Regional Governments as Recommended by the City Council
Intergovernmental Relations Committee(IRC) (640.90)
The City Council considered a communication from Mayor Pro Tern Jill Hardy; Chair,
Intergovernmental Relations Committee, on behalf of members, Councilmember Gil Coerper and
Councilmember Dave Sullivan transmitting the following Statement of Issue: Should the City
Council authorize the Mayor to communicate the City of Huntington Beach's support for or
opposition_to legislation currently pending before the elected members of the Federal or State
Legislatures, a State or regional body or to be put on a ballot for approval by the voters?
Councilmember Coerper spoke regarding the relationship between Propositions 1A and 65.
A motion was made by Hardy, second Boardman to:
1. SUPPORT S 2554 Water Resources Development Act(WRDA)with a request to exclude
the section establishing a Beach Nourishment Advisory Committee;
2. REMOVE SUPPORT and take,NO POSITION on AB 974 as amended 07/29/04;
and
3. SUPPORT Proposition 65 Local Government Funding;
and
4. Approve Letter of SUPPORT for OCTA's(Orange County Transportation Authority's)
request to the Measure M Citizen Oversight Committee to advance them$123.7 Million
for Completion of the Garden Grove Freeway Project;
and.
5. As requested by the City's Environmental board;SUPPORT continuation of dredging the
Santa Ana River Channel by the County of Orange with a request that they regularly
appropriate funding for that purpose.
The motion carried by the following roll call vote:
AYES: Sullivan, Hardy, Green, Boardman
NOES: Coerper
ABSENT: Cook
(21) • September 20,2004 -Cou*Agency Minutes-Page 21
(City Council) Adopted Ordinance No. 3667 Amending Huntington Beach Municipal Code
Chapter 13.08 to Expand for Clarification the Definition of Beach (630.10)
After the City Clerk read by title, a motion was made by Boardman, second Sullivan to adopt
Ordinance No.3667_ An Ordinance of the City of Huntington:Beach Amending Chapter 13.08
of the Huntington Beach Municipal Code Pertaining to Beach Regulations." (Approve d for.
:
introduction on September 7, 2004.) The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman
NOES: None
ABSENT: Cook
(City Council) Adopted as Amended Ordinance No. 3663 Modifying Ordinance No. 3653
which Established Appeal Procedures for the Howard Jarvis Tax Refund Property Claims
Filing Process (630.50)
After the City Clerk read by title, a motion was made by Hardy, second Boardman to adopt—
Ordinance No. 3663 -"An Ordinance of the City of Huntington Beach Modifying Ordinance No.
3653 which Established the Appeal Procedures for Tax Refund Claims Filed in Connection with
the Case Entitled"Howard Jarvis Taxpayers Association v._County of Orange"and Real Party in
Interest City of Huntington Beach, Orange County Superior Court Case No. 81878a"
(Approved as amended for introduction on September 7, 2004.)
The motion carried by the following roll call.vote: .
AYES: Sullivan, Coerper, Hardy, Green; Boardman
NOES: None
ABSENT: Cook
(City Council) Appropriate Procedure to Appoint a City Council Member for the
Unexpired Term—Item Pulled Until Next Regular Meeting 10/4/04 (120.40)
The City Council considered a communication from Mayor Cathy Green transmitting the
following Statement of Issue: City Council Member Pam Houchen has resigned, effective
September 2, 2004. Since the next regular election for City Council Members will not be held
until November 2, 2004, a process needs to be approved regarding the appointment of a new
City Council Member by the City Council to serve the remainder of the current unexpired term.
Mayor Green announced that since all Councilmembers are.not present at the meeting,she.would
like for this item to be pulled until the next regular meeting.
A motion was made by Coerper, second Boardman to continue this item to the 10/4/04 meeting.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman
NOES: None
ABSENT: Cook
(22) • September 20,2004-CounciUtacy Minutes -Page 22
(City Council) Parking Lot Associated with Overlook Park be Gated and Locked (The Bluffs)
—Item Pulled Until Date Uncertain (920.10)
The City Council considered a communication from Councilmember Gil Coerper transmitting the
following Statement-of lssue:. .Recently the City Council received a communication from Karen
Good,.a resident in The.Bluffs. She expressed.6.`concern about the types of activities that are
occurring, particularly in the evening in the parking lot associated with Overlook Park. (Her letter is-
attached along with an earlier letter from another member of her homeowners association.)
In response to her concerns, I met with her and Lt. Craig Juninger. He noted that the activities she
describes are not uncommon to most city parks. He also advised that in response to previous
correspondence from her association, a gate has been installed at the entrance to the parking lot
and the police department is closing and locking it each night at 10:00 PM or as close thereafter as
an officer is available to close it. It is reopened at approximately 5:00 AM each morning.
Ms. Good suggested that it would help to have the gate closed around dusk. However, our
Police Department's dispatch system is set up so it requires a specific time for notifying an
officer to close the park. I believe a reasonable time for closure would be 7:00 PM.
Councilmember Coerper announced that he would like to pull this item from the agenda for further
review by the City Administrator.
A motion was made by Green, second Hardy to continue this item to a date uncertain. The motion
carried by the following.roll.call.vote:.
AYES: Sullivan, Coerper, Hardy, Green,Boardman
NOES: None
ABSENT: Cook
(City Council) Councilmember Boardman Thanked the Friends of Shipley Nature Center
Including the Trade Unions and Corporate Donors (120.85)
Councilmember Connie Boardman thanked the Friends of Shipley Nature Center including the
trade unions and corporate donors for the renovation they had done on the site.
(City Council)Councilmember Coerper Thanked Library Services Director Ron Hayden (120.85)
Councilmember Gil Coerper thanked Library Services Director Ron Hayden fora superb job.on
his department's organizational chart.. . .
(City Council) Councilmember Coerper Commented on the Shipley Nature Center and a
Search and Rescue Event (120.85)
Councilmember Gil Coerper commented on the Shipley Nature Center and the location of its
parking lot. He also commented on a Search and Rescue event with the Police Department,
Fire Department, and Explorers which he had attended.
(23) • September 20, 2004-Coue/Agency Minutes-Page 23
(City Council) Mayor Green Congratulated the Friends of Shipley Nature Center and Gave
Kudos to the Council on Aging for Senior Saturday (120.85)
Mayor Cathy Green also congratulated the Friends of Shipley Nature Center and gave kudos to
the Council on Aging for the Senior Saturday event.
Adjournment-City CounciURedevelopment Agency
Mayor Green adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach to Monday, October 4, 2004, at 5:00 p.m., in Room B-8 Civic Center, 2000
Main Street Huntington Beach, California.
CitylVerk and ex-officio Cle of the City
Coullcil of the City of Huntin ton Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
City Clerk-Clerk May - hairman.
CITY OF HUNTINGTON BEACH
IF
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
September 22, 2004_ JOAN L. FLYNN.
CITY CLERK
Spear Design Group
1228 Avenida Amistad
San Marcos, CA 92069
ATTN: Brady Yamamoto
Re: NOTICE OF FINAL ACTION
Dear Ms. Yamamoto:
The City Council of the City of Huntington Beach at its regular meeting held Monday, September
20, 2004 took action on the following Public Hearing Appeal: Public Hearing to Consider
Appeal Filed by. Councilmember Connie Boardman of the Planning Commission's
Approval of Conditional Use Permit No. 03-62 - Applicant, Brandy Yamamoto of Spear
Design Associates for Proposed Development of a Walgreen's Pharmacy Drive-Thru
Service Located in the CG (Commercial General) Zone at 19001 Brookhurst Street (s/w
Corner of Brookhurst Street and Garfield Avenue)
The..City Council upheld the Planning Commission decision of approval. As part of their
approval Council amended the.conditions to: 1) increase height of block wall t0 7.feet on
Walgreen's side; 2} the delivery hours to be S a.m.- 0 8 p;m and 3) to go back to the
Design Review Board.
The Action Agenda is enclosed. The September 20, 2004 minutes of the approval of the appeal
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 September 20,
2004 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,
Joan Al nn
City Clerk
Enclosure: Government Code 1094.6
Action Agenda Pages 18-19
cc: Penny Culbreth-Graft,City Administrator
Jennifer McGrath, City Attorney
Howard Zelefsky, Planning Director
Paul DaVeiga,Associate Planner
Connie Boardman,Appelant
g:/followup/appeal/90dayltr.doc
(Telephone:714-536-5227)
WAIS Document Retrieval Page 6 of 9
Board and invoke arbitration proceedings pursuant to a State
Bargaining Unit 11 collective bargaining agreement.
1094.6. (a) Judicial review of any decision of a local agency,
other than school district, as the term local agency is defined 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 mail, postage prepaid, including a
copy of -the.:affid.avit or..certificate.-of..mailing, to. the party seeking
the .wr.it. Subdivision (a) of Section- 1013 _does,not apply to extend
the time, following deposit 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, charge, 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
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WAIS Document Retrieval Page 7 of 9
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 o:f. limitations, in which case .the. shorter statute of .
limitations shall apply.
PP y•
1094.8. (a) Notwithstanding anything to the contrary in this
chapter, an action or proceeding to review the issuance, revocation,
suspension, or denial of a permit or other entitlement for expressive
conduct protected by the First Amendment to the United States
Constitution shall be conducted in accordance with subdivision (d)
(b) For purposes of this section, the following definitions shall
apply:
(1) The terms "permit" and "entitlement are used interchangeably.
(2) The term "permit applicant" means both an applicant for a
permit and a permitholder.
(3) The term "public agency" means a city, county, city and
county, a joint powers authority or similar public entity formed
pursuant to Section 65850.4 of the Government Code, or any other
public entity authorized by law to issue permits for expressive
conduct. protected..by the First Amendment .to the .United,States
.. Constitution:
(c) A` public 'agency may, if 'it -so chooses, designate the .permits
or entitlements to which this section applies by adopting an
ordinance or resolution which contains a specific listing or other
description of the permits or entitlements issued by the public
agency which are eligible for expedited judicial review pursuant to
this section because the permits regulate expressive conduct
protected by the First Amendment to the United States Constitution.
(d) The procedure set forth in this subdivision, when applicable,
shall supersede anything to the contrary set forth in this chapter.
(1) Within five court days after receipt of written notification
from a permit applicant that the permit applicant will seek judicial
review of a public agency's action on the permit, the public agency
shall prepare, certify, and make available the administrative record
to the permit applicant
(2) Either the public agency or the .permit applicant may bring an
action in accordance with the procedure set forth in this section
If the permit applicant brings the action, the action shall be in the
form of a petition for writ of mandate pursuant to Section 1085 or
1094.5, as appropriate.
(3) The party bringing the action pursuant to this section shall
file and serve the petition on the respondent no later than 21
calendar days following the public agency's final decision on the
permit. The title page of the petition shall contain the following
language in 18-point type:
"ATTENTION: THIS MATTER IS ENTITLED TO PRIORITY AND SUBJECT TO
THE EXPEDITED HE.ARING AND REVIEW PROCEDURES CONTAINED IN SECTION
1094.8 OF THE CODE OF CIVIL PROCEDURE. "
(4) The clerk of the court shall set a hearing for review of the
petition no later than 25 calendar days from the date the petition is
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(18) September 20, 2004- Council/Agency Agenda - Page 18
D-4. (City Council) Public Hearing to Consider Appeal Filed by Councilmember Connie
Boardman of the Planning Commission's Approval of Conditional Use Permit No. 03-
62 -Applicant, Brandy Yamamoto of Spear Design Associates for Proposed
Development of a Walgreen's Pharmacy Drive-Thru Service Located in the CG
(Commercial General)Zone at 19001 Brookhurst Street(s/w Corner of Brookhurst
Street and Garfield Avenue) (420.40).
Public Hearing to consider Appeal of the Planning Commission's Approval.of Conditional
Use Permit No. 03-62
Applicant: Brandy Yamamoto, Spear Design Associates
Appellant: Councilmember Connie Boardman
Request: To permit the development of an 11,838 square foot Walgreen's Pharmacy with
drive thru service, located in the CG (Commercial General) zone. The proposal includes
installation of new landscape planters and new surface parking.
Location: 19001 Brookhurst Street. (Southwest corner of Brookhurst St. and Garfield Ave.)
Environmental Status: Notice is hereby given that the initial environmental assessment for
this Agenda Item was processed and completed in accordance with the California
Environmental Quality Act. It was determined that Item No. 2 would not have any significant
environmental effects and that a negative declaration is warranted. Negative Declaration No.
03-09 was approved by the Zoning Administrator on June 2, 2004. No appeals were filed
during the 10-day appeal period. The document is on file at the City of Huntington Beach
Planning Department, 2000 Main Street, and is available for public inspection by contacting
the Planniri9 Dertment; or ee honin 714 536-5271
Pa.. Ytl
: p 9 ( )
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 on (Thursday before meeting)September 16,
2004.
ALL INTERESTED PERSONS are invited to attend said meeting and express opinions or submit
evidence for or against the application as outlined above. If there are any further questions please
call the Planning Department at 536-5271 and refer to the above item. 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:
PLANNING COMMISSION RECOMMENDATION Motion to: -
Approve Conditional Use Permit No. 03-62 with Findings and Conditions of Approval
(ATTACHMENT NO. 1).
OR
Associate Planner Paul DaVeiga presented PowerPoint report. Mayor Pro Tem Hardy
inquired as to direction in which Walgreen's faces.
(19) September 20, 2004 - Council/Agency Agenda - Page 19
Councilmember Coerper inquired regarding the retaining walls overlooking the
adjacent mobile home parks and the noise from delivery trucks. Mr. DaVeiga stated
amendments can be made.
The developer concurred regarding the requested changes to the specifications on
the height.of.the.retaining.walls and to restrict truck delivery times.
John Glikbarg, Wa/green's Drugs representative reported to Council inquiry regarding
drive through, a noise study, and background information.
Speaker spoke regarding forward-facing buildings and the Design Review Board
(DRB) Guidelines.
Speaker spoke as a Planning Commissioner to amplify the Commission's
recommended action.
I
Councilmember Boardman stated reasons for bringing the appeal forward, including
lack of compliance with one of the Design Review Board Guidelines, her opinion that
it looks much better to have landscaped berms and attractive architecture on the
street rather than parking lot after parking lot, and the desire to avoid the "cookie
cutter"look of some businesses.
Motion made to approve the Planning Commission recommendation as amended to:
(1) increase height of block wall to 7 feet on Walgreen's side; (2) the delivery hours to
be.8 a.m. to.8 p.m.;and (3) to go back to the DRB.
Approved 4=`1 = 1 (Boardman No,.Cook absent)
CITY OF. HUNTINGTON BEA
MEETING DATE: September 20, 2004 DEPARTMENT ID NUMBER: PL04-19
Council/Agency Meeting Held:
Deferred/Continued to:
l�(Appr ved Conditionally Approved ❑ Denied CinFROSignat
Council Meeting Date: September 20, 2004 Department ID Number: PL04-19
CITY OF HUNTINGTON BEACH _
REQUEST FOR CITY COUNCIL ACTION
-0 4� —
SUBMITTED TO: HONORABL MAYOR AND CITY 7ity L MEMBERS — � -,-
SUBMITTED BY: PENELO CUL TH-GRAFT, ator
PREPARED BY: HOWARD ZELEFSKY, Director of Plannin z
D
SUBJECT: APPROVE CONDITIONAL USE PERMIT NO. 03-62 (Walgreen's
Pharmacy -Appeal)
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 City Council Member Boardman, of the
Planning Commission's approval of Conditional Use Permit No. 03-62. This application
represents a request by Brandy Yamamoto of Spear Design Group to demolish an existing
service station and carwash and to allow for the construction of an 11,838 square foot
Walgreen's Pharmacy with drive thru service.
The Planning Commission approved the project and is recommending approval to the City
Council. Staff recommended denial of the project to the Planning Commission and is
recommending the City Council deny the request. The appeal is based on the project's
inconsistency with the General Plan and Urban Design Guidelines based on the following
issues: the building is not proposed to be located in proximity to the intersection; architecture
consists of prototypical design elements instead of unique architecture which considers the
surrounding area; and the proposed building siting and architecture is not appropriate for
development on a primary entry node into the City. Staff concurs with the appeal as
submitted by Council Member Boardman.
Funding Source: Not applicable.
D �
PL04-19 Walgreens Appeal - - 9/7/2004 4:19 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: September 20, 2004 DEPARTMENT ID NUMBER: PL04-19
Recommended Action:
A. PLANNING COMMISSION RECOMMENDATION:
Motion to:
"Approve Conditional Use Permit No. 03-62 with findings and conditions of approval
(ATTACHMENT NO. 1)."
Planning Commission Action on July 27, 2004:
THE MOTION MADE BY LIVENGOOD, SECONDED BY RAY, TO APPROVE CONDITIONAL
USE PERMIT NO. 03-62, WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL
(ATTACHMENT NO. 1), CARRIED BY THE FOLLOWING VOTE:
AYES: THOMAS, SCANDURA, RAY, DINGWALL, LIVENGOOD
NOES: DAVIS
ABSENT: NONE
ABSTAIN: NONE
MOTION PASSED
B. STAFF RECOMMENDATION:
Motion to:
"Deny Conditional Use Permit No. 03-62 with findings (ATTACHMENT NO. 2)."
Alternative Action(sl:
The City Council may make the following alternative motion(s):
"Continue Conditional Use Permit No. 03-62 and direct staff accordingly."
Analysis:
A. PROJECT PROPOSAL:
Applicant: Brandy Yamamoto, Spear Design Group, 1228 Avenida Amistad, San
Marcos, CA 92069
Location: 19001. Brookhurst (southwest corner of Brookhurst Street and Garfield
Avenue)
PL04-19 Walgreens Appeal 9/7/2004 4:19 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: September 20, 2004 DEPARTMENT ID NUMBER: PL04-19
Conditional Use Permit No. 03-62 represents a request to demolish an existing service
station and self-service carwash to allow for the development of an 11,838 square foot
Walgreen's Pharmacy. The subject property was originally comprised of two parcels that
were consolidated into one 54,809 square foot lot under Tentative Parcel Map No. 2004-136.
The proposal includes drive-thru service in conjunction with the proposed pharmacy use.
The Walgreen's store will be open 24 hours a day, seven days a week.
The entire site will be upgraded including 10-foot wide landscape planters along the
perimeter of the subject site and landscaping within the parking area. A total of five driveway
approaches will be eliminated and the new development will provide one new driveway
approach on Brookhurst Street with a second driveway approach on Garfield Avenue. The
overall site layout accommodates 62 parking spaces, a loading area, and a dual lane
prescription pick-up window. The applicant anticipates that the average use of the drive-thru
window will be two vehicles per hour during the morning peak hours and seven cars per hour
during the afternoon peak hours.
The proposed architectural design utilizes Mission style details including a stucco exterior
with score lines on all four elevations. The applicant is proposing a slate wainscot material
along the base of the building. A three-tone pattern concrete tile roof is proposed at the
entry feature and on the drive-thru canopy and a decorative cornice is proposed along the
parapet walls at the roofline. There are two other Walgreen's stores with nearly identical
design features within the City. The first is located at 19501 Beach Boulevard (southwest
corner of Beach Blvd. and Yorktown Ave.) and the second is located at 17522 Beach
Boulevard (southeast corner of Beach Blvd. and Slater Ave.).
B. ZONING ADMINISTRATOR ACTION:
The conditional use permit, tentative parcel map, and negative declaration were considered
at a public hearing on June 2, 2004. Testimony in support of the request was received from
the applicant, architect, and property owner. No one spoke in opposition to the proposal.
Staff recommended denial of the request based on the proposed building siting, which did
not place the building adjacent to the street frontage. The proposed design resulted in the
parking lot being located adjacent to the street frontage with the proposed building located to
the rear and behind the parking lot, which is discouraged in the Design Guidelines. Staff
provided an alternative site design that is consistent with the Urban Design Guidelines and
placed the building 15 feet from both Brookhurst Street and Garfield Avenue. The alternate
site design results in screening of the majority of the parking lot by the subject building. In
addition, staff did not support the proposed architecture that incorporates prototypical
design, colors, and materials, which is discouraged in the Design Guidelines. The Zoning
Administrator approved the negative declaration and tentative parcel map but continued the
conditional use permit application to the June 9, 2004 meeting to allow the applicant the
opportunity to address staff's concerns regarding the building siting and architectural design
of the proposed building.
PL04-19 Walgreens Appeal 4 9/7/2004 4:19 PM
3
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: September 20, 2004 . DEPARTMENT ID NUMBER: PL04-19
At the June 9, 2004 meeting, the applicant introduced four alternative site plans, each with a
different building placement on the site. The first option placed the building closer to
Brookhurst Street, providing a 56-foot setback to both adjacent streets. The second option
provided a 23-foot setback to Garfield Avenue with the drive-thru located along the Garfield
Avenue frontage. The third option placed a separate 2,676 square foot retail building at the
corner of the property at a zero setback and the proposed Walgreen's building was setback
78 feet from both Garfield Avenue and Brookhurst Street.
The Zoning Administrator approved the fourth option that proposed to move the building
closer to Brookhurst Street and further from Garfield Avenue. The building was also
reduced in size by 1,260 square feet to allow for the revised parking layout due to the
revised building location. The Zoning Administrator approved the conditional use permit
based on the revised location that placed the building approximately 59 feet from Brookhurst
Street and 80 feet from Garfield Avenue and included conditions of approval requiring the
following:
❑ The design, colors, and materials are subject to the review of the Design Review Board.
❑ The overall architectural theme shall be unique to the site and surroundings.
❑ The building shall incorporate additional offsets and roof elements shall be setback from
the fagade in certain locations along the north and east elevations.
❑ All surplus parking spaces shall be eliminated and additional landscaping shall be
provided adjacent to the building and within the parking area.
On June 17, 2004, Planning Commission Chairperson Ron Davis appealed the decision of
the Zoning Administrator on the basis that the proposed design of the project did not
conform to the standards for building siting and architectural design identified in the Urban
Design Guidelines.
C. PLANNING COMMISSION MEETING:
The Planning Commission held a public hearing on July 27, 2004 and approved the
conditional use permit. The major discussion item was the orientation of the proposed
building with respect to the intersection and the proposed building architecture. The basis
for the appeal was that the proposed site layout and prototypical architectural design were
not consistent with the City-wide Urban Design Guidelines. There were a total of three
persons (representing the applicant) who spoke in favor of the proposed site design and
architecture and one person who objected to the project as designed by the applicant.
Staff presented an alternate layout with the building located adjacent to the intersection. The
Planning Commission did not concur with staff's alternate layout and found that the alternate
layout was not functional for "stand alone" sites that are not located in a larger shopping
center. In addition, the Planning Commission found potential security issues based on the
possible location of the entrance to the building oriented to the rear or side and not in clear
site of police and other emergency personnel. The Planning Commission approved
Conditional Use Permit No. 03-62 with findings and conditions of approval.
PL04-19 Walgreens Appeal - 9/7/2004 4:19 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: September 20, 2004 DEPARTMENT ID NUMBER: PL04-19
D. APPEAL:
On August 6, 2004 City Council Member Connie Boardman appealed the Planning
Commission's approval of Conditional Use Permit No. 03-62. The reasons for appeal are
based on the following:
❑ The provisions in the Urban Design Guidelines encourage the siting of buildings on
corner lots adjacent to the street corner. This design provision is intended to create a
visual and pedestrian link between the building and the street/sidewalks and to provide
screening of parking areas. The approved layout does not conform to this provision.
❑ The Design Guidelines promote high quality, innovative, and imaginative architectural
design of buildings unique to the site or surroundings. The Guidelines also discourage
prototypical and/or corporate design. The approved building does not adequately
address these provisions.
❑ The project is located at a Primary Entry Node that is identified in the General Plan and
should be designed consistent with the provisions outlined in the General Plan and
Urban Design Guidelines.
❑ The City Council should review the proposed building location, the quality of design,
colors, and materials for the structure, and overall compliance with the General Plan and
Urban Design Guidelines.
E. STAFF ANALYSIS AND RECOMMENDATION:
Building Orientation
The Urban Design Guidelines encourage placing buildings along street frontages in order to
improve the quality of the urban form along commercial corridors and promote a positive City
image. Placing commercial buildings closer to the street edge places the focus on the
building architecture and visually downplays the prominence of the parking areas. The
General Plan promotes this provision to convey a visual relationship to streets and sidewalks
in order to encourage more pedestrian-friendly commercial development.
The proposed building will be setback approximately 59 feet from Brookhurst Street and 80
feet from Garfield Avenue. The siting of the building allows for one row of parking along the
Brookhurst Street frontage and two rows along the Garfield Avenue frontage. Staff is
recommending that the building be placed closer to the street frontage in conformance with
the Urban Design Guidelines. The purpose of this provision is to reduce the amount of
concrete and asphalt at major intersections. In addition, placing the building along the street
frontage creates a visual link to the surrounding streets and sidewalks and encourages
pedestrian activity.
The subject property is located directly to the north of a corner site in the City of Fountain
Valley is developed with a bank building that is sited near the street corner. The bank
building is setback approximately 35 feet to Brookhurst St. and 20 feet to Garfield Ave. with
the parking area located to the rear of the site. In addition, the setbacks are fully landscaped
PL04-19 Walgreens Appeal 4- 9/7/2004 4:19 PM
5
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: September 20, 2004 DEPARTMENT ID NUMBER: PL04-19
and provide pedestrian access to and from the street and sidewalks. Staffs
recommendation is to place the proposed Walgreen's building in a similar layout that the City
of Fountain Valley has required, allowing for a visual connection to the street and screening
the parking areas. Finally, the property located to the west of the site is developed with a
mobile home park. Placing the building near the street corner would allow for a greater
buffer and an increased separation to the proposed building. The placement of the building
in such a manner would decrease the probability of potential noise impacts to mobile home
owners as a result of the 24 hours a day operation and drive thru service.
Architecture
The proposed architectural style incorporates prototypical design that already exists on two
other Walgreen's developments in the City and others in the region. The Design Guidelines
discourage the use of standardized "corporate" architectural styles associated with
franchises. Site-specific design solutions, which take into account surrounding development
and the general character of the area are encouraged. The surrounding land uses in the
area are comprised of aging commercial development on all four corners of Brookhurst
Street and Garfield Avenue. The proposal represents the first major redevelopment at the
subject intersection and will set architectural precedence for future development at this
intersection. The shopping center to the east of the subject site was developed with a large
expanse of parking adjacent to the street frontage. The result of this site layout is that the
parking lot becomes the prominent feature of the site and the distance of the buildings to the
street diminishes the architectural merit of these buildings. The design does not provide
easy pedestrian access, lacks a visual relationship to the street, and fails to convey the
urban form and high quality architecture recommended along major commercial corridors by
the General Plan and Design Guidelines.
In an attempt to gain greater compliance with the General Plan and Design Guidelines, staff
recommends design elements such as a more predominant pitched roof, offsets in the
exterior walls, reduced height, and landscaping adjacent to the building. These elements will
soften the appearance of the building and result in a design that is compatible with
surrounding uses, and consistent with the General Plan and Design Guidelines. The
buildings should be divided into distinct massing elements and all elevations should be
treated equally with similar amounts of articulation and massing. The proposed architecture
does not incorporate an equal amount of articulation on all four facades and therefore does
not conform to the Design Guidelines criteria.
The property is located at an intersection that is identified as a primary entry node in the
City's General Plan. A "node" is defined as a significant focal point, such as a public square
or street intersection that acts as a center of movement and activity. These nodes represent
a major entry point and should be developed in substantial compliance with the General
Plan and the Design Guidelines, as they are points of distinction between adjacent
jurisdictions and the City of Huntington Beach. The proposed building siting and
architectural design do not distinguish the subject site as a primary entry node.
PL04-19 Walgreens Appeal 9/7/2004 4:19 PM
i
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: September 20, 2004 DEPARTMENT ID NUMBER: PL04-19
Basis for Appeal
Council Member Boardman's appeal letter states that the approved layout does not conform
to the provisions in the Urban Design Guidelines that encourage the siting of buildings
adjacent to street frontages and discourages prototypical architectural design. In addition,
the letter points out the significance of the subject site as a primary entry node in to the City.
Staff concurs with the basis for the appeal and that the project be designed in substantial
compliance with the Urban Design Guidelines and General Plan. The proposed building
orientation places the parking area in front of the building in full public view. The additional
setback creates a visual separation between the building and street that is dominated by a
parking lot. Staff's recommended alternative design places the majority of the parking area
behind the building, which provides screening from public views. This design provides a
clear visual connection to the street and facilitates pedestrian access to the subject site.
Staff believes that innovative and imaginative design solutions, that are unique to the site or
general surroundings, should be incorporated into the building design.
F. SUMMARY
The proposed project is not consistent with the General Plan and Urban Design Guidelines
and therefore staff recommends denial of Conditional Use Permit No. 03-62 for the following
reasons:
- Inconsistent with the General Plan and Urban Design Guidelines that contain provisions
for siting a visual relationship to streets and sidewalks.
- The proposal does not fully address the requirement for prominent and distinctive
architecture for development at primary entry nodes identified in the General Plan.
- The architecture incorporates corporate design solutions that are not desirable for a
property located at a primary entry node into the City as designated in the General Plan.
- Incompatible with and detrimental to surrounding land uses by placing the building
closer to sensitive land uses.
Environmental Status:
The project's potential environmental impacts were analyzed under Negative Declaration No.
03-09. Staff determined that the proposed development, with mitigation, would not have any
significant environmental effects and that a negative declaration was warranted. Negative
Declaration No. 03-09 was approved by the Zoning Administrator on June 2, 2004. No
appeal of the environmental determination was filed.
PL04-19 Walgreens Appeal 9/7/2004 4:19 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: September 20, 2004 DEPARTMENT ID NUMBER: PL04-19
Attachmengjs :
City Clerk's
Page Number No. Description
1 Planning Commission Approved Findings and Conditions of Approval
2 Recommended Findings for Denial—CUP No. 03-62
3 Draft Minutes from the July 27, 2004 Planning Commission Meeting
4 Planning Commission Staff Report Dated July 27, 2004
5 Appeal letter from Connie Boardman dated August 3, 2004
6 PowerPoint Presentation
RCA Author: PD/HF
PL04-19 Walgreens Appeal -0- 91131200412:13 PM
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ATTACHMENT NO. 1
FINDINGS AND CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 03-62
FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO. 03-62:
1. Conditional Use Permit No. 03-62 for the establishment, maintenance and operation of a
11,838 sq. ft. single story,Walgreens Pharmacy with drive-through service will not be
detrimental to the general welfare of persons working or residing in the vicinity and to the
value of the property and improvements in the neighborhood. The subject property is
designated for commercial neighborhood development under the General Plan. The
proposed project is consistent with the permitted uses and development standards within
this designation. The proposed use will be less intense than the current use of the property
as a car wash and service station, and will not have any significant impacts on the adjacent
mobile home park based on the limited use of the drive thru, existing block wall, difference in
grade between the two land uses, and the proposed distance between the two land uses.
2.- The conditional use permit will be compatible with surrounding uses. The property abuts
commercial uses to the north, south and east and residential use to the west. The subject
site is located approximately six to eight feet higher than the adjacent mobile home park. An
existing 12-foot tall combination retaining and block wall separates the two properties and
provides adequate noise attenuation from the proposed use. The applicant will be required
Jo record an irrevocable offer for reciprocal vehicular access to the adjacent commercial
property toahe'south to allow for future reciprocal access.between commercial properties in
compliance with the Zoning Code.
3. The proposed development 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. The subject property is identified in the General Plan as a primary entry node to
the City and, as such, should provide the highest architectural quality in compliance with the
General Plan, HBZSO, and Urban Design Guidelines.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the following goals and policies of the General Plan:
LU10.1.4. Require that commercial buildings and sites be designed to achieve a high level
of architectural and site layout quality.
LU10.1.12. Require that Commercial uses be.designed and,developed to achieve a-high'
level of quality, distinctive character, and compatibility with existing uses and development
including consideration of:
c. siting and design of structures to facilitate and encourage pedestrian activity;
d. siting of buildings to the street frontage to convey a visual relationship to the street and
sidewalks;
e. architectural treatment of buildings to minimize visual bulk and mass, using techniques
such as the modulation of building volumes and articulation of all elevations.
ZA/LTRS/03/CUP 03-62 Final Conditions Attachment 1.1
UD 1.2 Consider establishing, at each significant node, a local center that serves its
neighborhood constituency and provides a strong and distinct focal image focal image for
the ditrict.
The proposed development is in substantial compliance with the Urban Design Guidelines.
The siting and design of the proposed structure allows for pedestrian connections between
sidewalks and the Walgreens Pharmacy across driveway/parking areas. The proposed
architecture provides a prominent entry.and incorporates quality materials in its design.
CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 03-62:
1. The site plan dated June 9, 2004, and floor plans and elevations received and dated
February 12, 2004 shall be the conceptually approved layout with the following
modifications:
a. The design, colors, and materials for the subject building shall be reviewed by the
Design Review Board (DRB)following approval by the City Council. The following
design standards shall be incorporated into proposed building architecture:
1) Elevations shall incorporate multiple roof planes and/or a variety of roof slopes to
reduce the overall mass and bulk of the building and comply with the Urban
Design Guidelines.
2) The.overall architectural theme shall be unique to the site and surroundings.
3) In order to minimize the overall bulk of the building at the minimum setback line,
the building shall incorporate additional offsets and roof elements shall be set
back from the fagade of the.building.in.certain locations along,the,north and east.:
elevations.
b. All surplus parking stalls shall be eliminated and additional landscaping shall be provided
adjacent to the building and within the parking area.
c. A seven (7)foot block wall shall be constructed along the westerly property line. The
height of the wall shall be measured from the adjacent grade on the subject site.
d. Pedestrian walkways consistent with the original site plan dated February 12, 2004 shall
be provided for on the revised site plan dated June 9, 2004.
e. Prior to submittal for building permits.The applicant shall 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 Departmenfand submit 8:5 inch by .
10 inch colored elevations, materials board, and renderings to the Planning Department
for inclusion in the entitlement file.
2. Prior to issuance of a grading permit, the following shall be completed, as required:
a. The site plan received and dated April 14, 2003 shall be the approved layout except for
the following: (PW)
1) The Brookhurst Street driveway shall be located at least 10 feet northerly of the
southerly property line, and provide a minimum 10-foot sight distance triangle
consistent with the HBZSO Section 230.88.
ZA/LTRS/03/CUP 03-62-Final Conditions Attachment 1.2
2) A minimum 10-foot sight triangle must be provided for vehicles at the southwesterly
corner of the building.
3) A truck-tracking exhibit, utilizing a WB-50 design vehicle, must be provided to
demonstrate that delivery trucks can be accommodated. This truck tracking exhibit
must illustrate a truck entering the site, accessing the loading docks and egressing
the site. It must be demonstrated that the truck movements will not encroach into
opposite directions.of roadway traffic nor impact the parking spaces shown. A truck-
tracking exhibit for garbage truck accessing the trash enclosure must also be.;:
provided:
3. Truck deliveries to the site shall be limited to between the hours of 8 a.m. and 8 p.m.
4. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and
utilities cannot be released for commencement of use and issuance of a Certificate of
Occupancy until compliance with all conditions of approval specified herein are
accomplished and verified by the Planning Department.
5. The applicant shall recorder an offer for reciprocal vehicular access to the adjacent
commercial property to the south, with the Office of the County Recorder. The location and
width of the accessway shall be reviewed and approved by the Planning Department and
Public Works Department. The subject property owner shall be responsible for making
necessary improvements to implement the reciprocal driveway. The legal instrument shall
be submitted to the Planning Department a minimum of 30 days prior to building permit
issuance. The,document shall be,approved by the-.Planning Department and the City
Attorney as to form and content and,when approved;shall be recorded in the:Office of the>
Court Recorder prior to final building ermit approval,':_A c0 of the recorded document
County p 9 P PP PY -
shall be filed with the Planning Department for inclusion in the entitlement file prior to final
building permit approval. The recorded agreement shall remain in effect in perpetuity,
except as modified or rescinded pursuant to the expressed written approval of the City of
Huntington Beach.
6. The property owner or designated representative shall provide written acknowledgement
agreeing to schedule semi-annual "landscaping maintenance walks" with the City
Landscape architect to review the quality of the approved landscaping. The first walk shall
occur six (6) months after final inspection and approval given at the time of initial occupancy,
and shall continue at six (6) month intervals for a period of five (5) years. The quality of
continuing maintenance, or lack thereof, will determine whether or not CUP revocation
proceedings.will.begin.._If the level of maintenance is inappropriate, but not adequate
enough.to warrant CUP revocation the five (5)year time period and semi-annual walks:will
be extended
7. 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 Zoning Administrator's action and the conditions herein. If
the proposed changes are of a substantial nature, an amendment to the original entitlement
reviewed by the Zoning Administrator may be required pursuant to the Huntington Beach
Zoning and Subdivision Ordinance.
ZA/LTRS/03/CUP 03-62-Final Conditions Attachment 1.3
a
8. The applicant and/or applicant's representative shall be responsible for ensuring the
accuracy of all plans and information submitted to the City for review and approval.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different
from the property owner, and each of their heirs, successors and assigns, shall defend,
indemnify and hold harmless the City of.Huntington Beach,and its agents, officers, and
employees from any claim, action or proceedings; liability cost,:including attorneys fees and
costs against the City or its agents, officers or employees, to attack, set aside, void or annul any
approval of the City, including but not limited to any approval granted by the City Council,
Planning Commission, or Design Review Board concerning this project. The City shall promptly
notify the applicant of any claim, action or proceeding and should cooperate fully in the defense
thereof.
ZA/LTRS/03/CUP 03-62-Final Conditions Attachment 1.4
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SUGGESTED FINDINGS FOR DENIAL
CONDITIONAL USE PERMIT NO. 03-62
SUGGESTED FINDINGS FOR DENIAL- CONDITIONAL USE PERMIT NO. 03-62:
1. Conditional Use Permit No. 03-62 for the establishment,maintenance and operation of an 11,838 sq.
ft. single story, Walgreen's Pharmacy with drive-through service will be detrimental to the general
welfare of persons working or residing in the vicinity and to the value of the property and
improvements in the neighborhood. The orientation of the building on the lot does not comply with
the Urban Design Guidelines, which encourages placing the building closer to the street frontage to
allow for a stronger visual link and pedestrian link to the arterial street and providing an increased
buffer between the adjacent residential properties and the subject building.
2. The conditional use permit will not be compatible with surrounding uses. The adjacent property to the
north of the site has been developed with the building near the street corner. The property to the west
is currently developed with a mobile home park. The proposed location of the building, away from
the street corner, is not be compatible with the adjacent property to the north and will not provide an
increased buffer to the mobile home development located to the west of the site.
3. The proposed development will not comply with the provisions.of the base district and other
applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance.
The proposed.development does not promote placement of at least 40 percent of the building frontage
along a minimum setback line which is a zoning provision intended to further the goals, objectives,
and policies of the General Plan. The subject property is identified in the General Plan as a primary
entry node to the City and, as such, should provide the highest architectural quality in compliance with
the General Plan,HBZSO, and Urban Design Guidelines. The proposed building siting is inconsistent
with provision identified in the Huntington Beach Zoning and Subdivision Ordinance, General Plan
and Urban Design Guidelines that promote placement of the building at the minimum setback line
along major or primary arterials, in the CG zoning district. The proposed location of the building does
not create a visual or easily accessible pedestrian link to the street, and does not adequately screen
parking areas.
4. The granting of the conditional use permit will adversely affect the General Plan. It is inconsistent
with the following goals and policies of the General Plan:
L UI0.1.4. Require that commercial buildings and sites be designed to achieve a high level of
architectural and site layout quality.
L U10.1.12. Require that Commercial uses be designed and developed to achieve a high level of
quality, distinctive character, and compatibility with existing uses and development including
consideration of:
(04sr23 CUP 03-62 Appeal) ATTACHRENT NO. ' ,
c. siting and design of structures to facilitate and encourage pedestrian activity;
d. siting of buildings to the street frontage to convey a visual relationship to the street and sidewalks;
e. architectural treatment of buildings to minimize visual bulk and mass, using techniques such as
the modulation of building volumes and articulation of all elevations.
UD 1.2 Consider establishing, at each significant node, a local center that serves its neighborhood
constituency and provides a strong and distinct focal image focal image for the district.
The proposed development does not achieve a high level of site planning and quality layout. The
siting and design of the proposed structure does not promote pedestrian connections between
sidewalks and the Walgreen's Pharmacy because pedestrians must cross driveway/parking areas to
access the store. The building does not achieve the optimum design solution, which is to place the
proposed building at the corner, in proximity to the sidewalks to provide the pedestrian connection and
screen parking areas and automobiles behind the building.
The General Plan designates the Brookhurst/Garfield intersection as a primary entry node into the
City. This designation necessitates substantial compliance with the General Plan, which includes
siting of buildings to facilitate pedestrian activity and creating a visual connection to streets and
sidewalks by placing the building in proximity to the corner. The structure has been designed using
corporate design elements that are discouraged by the Urban Design Guidelines. In addition, the
proposed architecture of the building does not provide sufficient articulation of all four facades in
compliance with the General Plan.
ATTACHMENT NO. � �
PC Minutes
Jury 27,2004 DRAFT
Page 3
B. PUBLIC HEARING ITEMS
B-1. APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF
CONDITIONAL USE PERMIT NO. 03-62 (WALGREEN'S PHARMACY):
Applicant: Brandy Yamamoto, Spear Design Associates Appellant: Ron Davis,
Planning Commission Chairperson Reauest: CUP: To permit the development
of a 11,838 square foot Walgreen's Pharmacy with a drive thru, located in the CG
(Commercial General) zone. The proposal includes installation of new landscape
planters and new surface parking. Location: 19001 Brookhurst Street.
(Southwest corner of Brookhurst St. and Garfield Ave.) Project Planner: Paul
Da Veiga, Associate Planner
STAFF RECOMMENDATION: Motion to: "Deny Conditional Use Permit No. 03-
62 with findings."
The Commission made the following disclosures: Commissioner Thomas spoke
with the applicant's representative; Vice Chair Ray spoke with Richard Harlow
and Bernie Mermilstein, visited the site, and visited alternate Walgreen's sites at
Yorktown and Beach, and Slater and Beach; Commissioner Dingwall spoke with
Richard Harlow and visited the site; Commissioner Livengood spoke with Richard
Harlow and visited the site; Chair Davis spoke with staff, Richard Harlow, and the
applicant's representatives, and visited alternate Walgreen's sites at Garfield and
Brookhurst, and Yorktown and Beach; Commissioner Scandura visited the site,
visited the Walgreen's located at Yorktown and Beach, and spoke with Richard
Harlow
Paul DaVeiga, Associate Planner, provided a staff report and made a PowerPoint
presentation.
THE PUBLIC HEARING WAS OPENED:
John Glikberg, Village Properties (applicant) spoke in support of the item,
informing the Commission that the request represents third Walgreen's location
within the City. He discussed issues related to siting and elevations and stated
that the request has the support of surrounding businesses. He discussed
meeting with the Zoning Administrator(ZA) on June 2, 2004, and that alternative
site plans were presented to the ZA on June 9, 2004. He mentioned that
Walgreen's does not approve of staffs site plan drawing depicting the store on
the corner of the site facing the street at a heavy traffic intersection. He also
discussed the importance of the internal layout and called the proposal a
pedestrian friendly site plan that will provide increased property/sales tax to the
community.
Brandy Yamamoto, Spear Design Associates, Walgreen's Architect, spoke in
support of the item calling the Huntington Beach Walgreen's locations exclusive.
She stated that Walgreen's is willing to work with staff for different elevations,
change in colors and/or materials, but feels it is important to retain identity, and
therefore does not approve of staffs site plan. She provided examples of other
locations discussed with increased roof pitch and slate tile. She stated that the
preferences and offsets suggested by staff had been met, and that the store
height could not be reduced much because of the store layout with a 13-foot
(04p=0727) ATTACHMENT NO. 3. I
PC Minutes DRAFT
July 27,2004
Page 4
interior ceiling height. She also stated that if called for, the landscaping would be
enhanced.
Richard Harlow, representing Walgreen's, spoke in support of the item and stated
that the staff report doesn't completely represent action taken by the ZA. He
noted a correction to the vicinity map and explained that the site would be
upgraded, the car wash would be demolished, and that two parcels would be
combined. He discussed the Environmental Boards review of elevations, and
reminded the Commission that all standards were met when the Commission
approved both alternate Walgreen's sites within the City. He discussed the
applicant's site plan and architectural design, commented that the Urban Design
Guidelines (UDG) has no reference for setting a building on the corner, and
referenced information provided in the General Plan Land Use Element. He also
discussed landscape elements and building setbacks.
Randy Fuhrman, spoke in opposition of the applicant's request, supporting staffs
recommendation for the building pad being placed at the corner of the site.
WITH NO ON ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS
CLOSED.
Commissioner Dingwall asked if the UDG are mandatory or discretionary. Staff
stated that the UDG were established as a tool for recommending good design
principals. Staff further identified the UDG as discretionary guidelines developed
by staff and approved through resolution by the Planning Commission and City
Council. Staff also stated that during initial meetings with the applicant, staff
made it clear that a corner layout would be recommended.
Commissioner Dingwall cited examples of problems with buildings on corners,
including that they cater to drive-in traffic, are not pedestrian friendly and inhibit
the view for emergency services that need to see all four corners simultaneously
to form a plan of action.
Commissioner Livengood discussed the history of UDG, stating that terms such
as "should" and "encourage" are used, and that nothing dictates that a building
must be built on a corner. He also identified the locations of the three buildings
built on corners within the City. He urged the Commission to move forward and
voiced support for the ZA's approval of the applicant's design.
Commission Scandura referenced alternate Walgreen's locations at Beach and
Slater and Beach and Yorktown, and discussed parking spaces being well lit in
front of the building for safety purposes.
Commissioner Thomas commended staffs intentions but voiced concerns about
this site as a stand-alone being located on the corner. She asked why the
square footage was being reduced, and whether or not the 1-2% pedestrian foot
traffic relates to adjacent mobile home park residents. Brandy Yamamoto,
applicant's architect, stated that the square footage was adjusted to move the
building closer to Brookhurst Street and add additional landscaping. Staff
responded that they were unsure of the percentage figure source.
(04p=0727) 64TTAC" t M E NT NO. � �
PC Minutes DRAFT
July 27,2004
Page 5
Vice Chair Ray asked about a negative declaration and addressing onsite
contamination issues. Staff replied that contamination analysis will be done, and
if remediation is necessary, that grading permits will not be issued until
remediation efforts are complete.
Vice Chair Ray asked staff to identify the location of the site entrance. Staff
identified the location on the conceptual site plan.
Vice Chair Ray asked staff to provide an explanation of what constitutes "groups
of buildings," and "stand alones."
Vice Chair Ray voiced concerns about store security and visibility if the building is
built on corner with the entrance located on the side of the building. Staff stated
that the site plan shows ample visibility. Staff also explained that the UDG
address safety issues in many locations, identifying building areas, parking, etc.
Staff also discussed sections of the building code and addressed the lack of
detail provided.
Vice Chair Ray asked why parking approved for the alternate Walgreen's
locations at Beach and Slater and Beach and Yorktown was not being proposed
for the new site. Staff read from the UDG about weakened visual elements. Vice
Chair Ray stated that the site should be consistent with other stores (materials,
architecture, etc.), and that unnecessary burdens should not be placed on
businesses.
Chair Davis commended staff for-providing an educated recommendation and
trying to bring best design elements to the City. He also discussed three
alternate Walgreen's locations with the building located near the street, calling
the look more aesthetically pleasing and providing his support of the UDG.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO
APPROVE CONDITIONAL USE PERMIT NO. 03-62 WITH FINDINGS AND
MODIFIED CONDITIONS OF APPROVAL (APPLICANT'S REQUEST/ZONING
ADMINISTRATOR'S ACTION), BY THE FOLLOWING VOTE:
AYES: Thomas, Scandura, Ray, Dingwall, Livengood
NOES: Davis
ABSTAIN: None
ABSENT: None
MOTION APPROVED
FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO. 03-62:
1. Conditional Use Permit No. 03-62 for the establishment, maintenance and
operation of a 11,838 sq. ft. single story, Walgreen's Pharmacy with drive-
through service will not be detrimental to the general welfare of persons working
or residing in the vicinity and to the value of the property and improvements in the
neighborhood. The subject property is designated for commercial neighborhood
development under the General Plan. The proposed project is consistent with
the permitted uses and development standards within this designation. The
proposed use will be less intense than the current use of the property as a car
wash and service station, and will not have any significant impacts on the
(04pcm0727)
ATTACHMENT NO.
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City of Huntington Beach Planning Department
STAFF ,REPORT
HUMINGTON BEACH
TO: Planning Commission
FROM: Howard Zelefsky, Director of Planni(f
BY: Paul Da Veiga, Associate Planner
DATE: July 27, 2004 I
SUBJECT: APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF
CONDITIONAL USE PERMIT NO. 03-62 (WALGREEN'S PHARMACY)
APPLICANT: Brandy Yamamoto, 1228 Avenida Amistad, San Marcos, CA 92069
APPELLANT: Ron Davis, Planning Commission Chairperson
PROPERTY
OWNER: Village Properties, 121 Spear Street Ste. 250, San Francisco, CA 94105
LOCATION: 19001 Brookhurst Street. (Southwest corner of Brookhurst St. and Garfield Ave.)
STATEMENT OF ISSUE:
• Conditional Use Permit No. 03-62 request:
- To permit an 11,838 square,foot Walgreen's Pharmacy on a 54,809 square foot parcel.
- To permit a drive-thru use in conjunction with the proposed pharmacy
- To install new landscape planters and surface parking
• Staff s Recommendation:
Deny Conditional Use Permit No. 03-62 based upon the following:
- Inconsistent with the General Plan and City-wide Urban Design Guidelines that contain provisions
for siting buildings adjacent to street frontages to encourage pedestrian activity while creating a
visual relationship to streets and sidewalks.
- The proposal does not fully address the requirement for prominent and distinctive architecture for
development at primary entry nodes identified in the General Plan.
- The proposed architecture incorporates corporate design solutions that are not desirable for a
property located at a primary entry node and are discouraged by the Design Guidelines.
- Incompatible with and detrimental to surrounding land uses by placing the building closer to
sensitive land uses
RECOMMENDATION:
Motion to:
"Deny Conditional Use Permit No. 03-62 with findings (Attachment No. IY' ATTACHMENT NO. � � —
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VICINITY MAP
Conditional Use Permit No. 03-62
19001 Brookhurst Street
THE CITY OF HUNTINGTON BEACH
PC Staff Report 7/27/04 -2- (04sr23 CUP 03-62 Appeal)
ATTACHMENT NO. � �
ALTERNATIVE ACTION(S):
The Planning Commission may take alternative actions such as:
A. "Approve Conditional Use Permit No. 03-62 with findings and suggested modified conditions of
approval" (Applicant's Request/Zoning Administrator's Action)
B. "Continue Conditional Use Permit No. 03-62 and direct staff accordingly."
PROJECT PROPOSAL:
Conditional Use Permit No. 03-62 represents a request for the following:
A. To permit the construction of an 11,838 square foot Walgreen's Pharmacy on a 54,809 square foot
parcel pursuant to Section 211.04, Land Use Controls, of the HBZSO.
B. To permit a drive-thru use in conjunction with the proposed pharmacy pursuant to Section 211.04,
Land Use Controls, of the HBZSO
C. To permit the installation of new landscape planters and surface parking pursuant to Chapter 231 Off-
Street Parking and Loading Provisions and Chapter 232.08 C. Off-Street Parking Facilities of the
HBZSO.
The proposed development consists of the.demolition of an existing service station and self-service
carwash to allow for the development of an 11,838 square foot Walgreen's Pharmacy. The subject
property was originally comprised of two parcels that were consolidated into one 54,809 square foot lot
under Tentative Parcel Map No. 2004-136. The proposal includes drive-thru service in conjunction with
the proposed pharmacy use. The Walgreen's store will be open 24 hours a day, seven days a week.
The entire site will be upgraded including 10-foot wide landscape planters along the perimeter of the
subject site and landscaping within the parking area. A total of five driveway approaches will be
eliminated and the new development will provide one new driveway approach on Brookhurst Street with a:
second driveway approach on Garfield Avenue. The overall site layout accommodates 62 parking spaces,
a loading area, and a dual lane prescription pick-up window. The applicant anticipates that the average use
of the drive-thru window will be two vehicles per hour during the morning peak hours and seven cars per
hour during the afternoon peak hours.
The proposed architectural design utilizes Mission Style details including a stucco exterior with score lines
on all four elevations. The applicant is proposing a slate wainscot material along the base of the building.
A three-tone pattern, concrete tile roof is proposed at the entry feature and on the drive-thru canopy.
Decorative cornice is proposed along parapet walls at the roofline. There are two other Walgreen's stores
with nearly identical design features. The first is located at 19501 Beach Boulevard (southwest corner of
Beach Blvd. and Yorktown Ave.) and the second is located at 17522 Beach Boulevard (southeast corner of
Beach Blvd. and Slater Ave.).
ATTACHMENT NO. A.-2-
PC Staff Report 7/27/04 -3- (04sr23 CUP 03-62 Appeal)
The applicant is proposing the following site layout:
J J
GARFIELD AVENUE y
--------------..___.._........._.._..____.......-----_......—------___.-__.__..._._..__._...._...__.._.----.__-...__._..__._._..----__._._-.------------------
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The overall project proposal included a tentative parcel map and negative declaration in conjunction with
the conditional use permit. The three entitlements were reviewed at the June 2, 2004 Zoning
Administrator meeting. The tentative parcel map and negative declaration were approved and no appeals
were filed. The conditional use permit was continued to the June 9, 2004 Zoning Administrator meeting.
Zoning Administrator's Action:
The conditional use permit, tentative parcel map, and negative declaration were considered at a public
hearing on June 2, 2004. Testimony in support of the request was received from the applicant, architect,
and property owner. No one spoke in opposition to the proposal.
Staff recommended denial of the request based on the proposed building siting, which is not proposed
adjacent to the street intersection and therefore, is not consistent with the General Plan and Design
Guidelines. In addition, staff did not support the proposed architecture that incorporates prototypical
design, colors, and materials,which is discouraged in the Design Guidelines. The Zoning Administrator
approved the negative declaration and tentative parcel map but continued the conditional use permit
ATTACHMENT NO. 4
PC Staff Report 7/27/04 -4- (04si23 CUP 03-62 Appeal)
application to the June 9, 2004 meeting to allow the applicant the opportunity to address staff s concerns
regarding the building siting and architectural design of the proposed building.
At the June 9, 2004 meeting, the applicant introduced a new site plan that slightly modified the location of
the building. The revised site plan proposes to move the building closer to Brookhurst Street and further
from Garfield Avenue. The building was also reduced in size by 1,260 square feet to allow for the revised
parking layout due to the revised building location. The Zoning Administrator approved the conditional
use permit based on the revised location which placed the building approximately 59 feet from Brookhurst
Street and 80 feet from Garfield Avenue and included conditions of approval requiring the following:
❑ The design, colors, and materials are subject to the review of the Design Review Board.
❑ The overall architectural theme shall be unique to the site and surroundings.
❑ The building shall incorporate additional offsets and roof elements shall be setback from the fagade in
certain locations along the north and east elevations.
❑ All surplus parking spaces shall be eliminated and additional landscaping shall be provided adjacent to
the building and within the parking area.
Appeal:
Planning Commission Chairperson Ron Davis appealed the Zoning Administrator's approval of the
conditional use permit on June 17, 2004(attachment No. 4). The appeal was filed on the basis that the
proposed design of the project is not in compliance with the City-wide Urban Design Guidelines. The
letter identified non-compliance with building siting and architectural design. The intent of the appeal
was also to give the Planning Commission the opportunity to review the design of the project and overall
compliance with the Design Guidelines.
ISSUES:
Subiect Property And Surrounding Land Use, Zoning And General Plan Desianations:
LOCATION GENERAL PLAN ZONING LAND USE
Subject Property CN-F1 (Commercial CG(Commercial General) Existing Service
Neighborhood-.3 5 FAR) Station and Car Wash
North of Subject City of Fountain Valley City of Fountain Valley Bank/Commercial
Property(across
Garfield Ave..):
South of Subject CN-F1 (Commercial CG(Commercial General) Drive-thru restaurant
Property: Neighborhood-.35 FAR
East of Subject CN-F1 (Commercial CG-Fl (Commercial Retail Shopping Center
Property(across Neighborhood-.3 5 FAR) General)
Brookhurst. St.
West of Subject RL-7-mp (Residential RMP (Residential Mobile Mobile Home Park
Property: Low Density—7 units Home Park)
per acre—mobile home
ark
ATTACHME T NO. �-
PC Staff Report 7/27/04 -5- 4sr23 CUP 03-62 Appeal)
General Plan Conformance:
The General Plan Land Use Map designation on the subject property is CN-F1 (Commercial
Neighborhood-0.35 FAR). The proposed project is not consistent with this designation and the goals and
objectives of the City's General Plan based on the following:
A. Land Use Element
Policy LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of
architectural and site layout quality.
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 and development
including the consideration of:
❑ Incorporation of site landscape,particularly along street frontages and in parking lots;
❑ Linkage of buildings by common architectural design, landscape and pedestrian systems, to avoid
the appearance of independent freestanding structures surrounded by parking;
❑ Siting and design of structures to facilitate and encourage pedestrian activity;
❑ Siting of one or more buildings in proximity to the street frontage to convey a visual relationship
to the street and sidewalks;
❑ Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as
the modulation of building volumes and articulation-of all elevations; and
❑ Inclusion of consistent signage designed and integrated into the building's architectural character.
UD 1.2 Consider establishing, at each significant node, a local center that serves its neighborhood
constituency and provides a strong and distinct focal image focal image for the district.
The proposed development does not achieve a high level of site planning and quality layout. The
siting and design of the proposed building does not promote pedestrian connections between
sidewalks and streets because pedestrians must cross drive aisles and parking areas to access the store.
The building does not achieve the optimum design solutions that are recommended by the Design
Guidelines, which is to place the proposed building at the corner. By placing the building in proximity
to the sidewalks it provides the proper pedestrian connection and screens the parking areas behind the
building.
The General Plan designates the Brookhurst/Garfield intersection as a primary entry node into the
City. This designation necessitates substantial compliance with the General Plan, which includes
siting of buildings to facilitate pedestrian activity and creating a visual connection to streets and
sidewalks by placing the building in proximity to the corner. The building has been designed using
corporate design elements that are discouraged by the Urban Design Guidelines and does not fully
address the recommendations for new development at primary entry nodes. In addition,the proposed
architecture of the building does not provide sufficient articulation of all four facades in compliance
with the General Plan.
ATTACHMENT NO. 4-
PC Staff Report 7/27/04 -6- (04sr23 CUP 03-62 Appeal)
Zoning Compliance:
The proposed project complies with all applicable development standards of the CG (Commercial
General) Zoning District.
Urban Design Guidelines Conformance:
The provisions in Chapter 4 - General Commercial, recommends that buildings should be sited to
encourage pedestrian activity and convey a visual link to the sidewalks and streets. The building is not
proposed at the corner and therefore does not conform to this provision. In addition, the building
placement should provide screening from parking areas. Parking areas are proposed between the building
and the street and provide direct views of parking from the public streets and sidewalks.
The Design Guidelines also discourage the use of corporate image architectural design on new buildings.
The proposed design is similar to several other Walgreen's in the surrounding area and throughout the
City. Architectural design that is unique to the surroundings and includes variations in form,building
materials, and building siting is encouraged by the Design Guidelines. The proposed project is not in
substantial conformance with the City-wide Urban Design Guidelines.
Environmental Status:
The project's potential environmental impacts,were analyzed under Negative Declaration No. 03-09.
Staff, in its initial study of the project, determined,that the proposed development would not have any
significant environmental effects,and that a negative.declaration was warranted. The Zoning
Administrator.approved negative Declaration No. 03-09 on June 2, 2004. No appeal was filed during the
10-day appeal period.
Coastal Status: Not applicable.
Redevelopment Status: Not applicable.
Design Review Board:
The proposed project is not subject to review and recommendation by the Design Review Board.
However, the Zoning Administrator approved the project with a condition of approval that requires the
review of the design, colors, and materials by the Design Review Board subsequent to final project
approval. The Zoning Administrator recommended that the Design Review Board review the following:
❑ The design, colors, and materials are subject to the review of the Design Review Board.
❑ The overall architectural theme shall be unique to the site and surroundings.
❑ The building shall incorporate additional offsets and roof elements shall be setback from the facade in
certain locations along the north and east elevations.
❑ All surplus parking spaces shall be eliminated and additional landscaping shall be provided adjacent to
the building and within the parking area.
ATTACHMENT NO.. *
PC Staff Report 7/27/04 -7- (04sr23 CUP 03-62 Appeal)
Subdivision Committee: Not applicable.
Other Departments Concerns and Requirements:
The Departments of Public Works, Fire, and Building and Safety have recommended conditions that are
noted for the applicant as typical code requirements or are incorporated into the conditions of approval if
they are unique to the project proposal.
Public Notification:
Legal notice was published in the Huntington Beach/Fountain Valley Independent on Thursday, July 15,
2004 and notices were sent to property owners of record and tenants within a 300 ft. radius of the subject
property, individuals/organizations requesting notification(Planning Department's Notification
Matrix), applicant, and interested parties. As of July 22, 2004, no communication supporting or opposing
the request has been received.
Application Processinz Dates:
DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S):
Conditional Use Permit: April 16, 2004 August 2, 2004 (Within 60 days of adoption of the
Negative Declaration)
The Zoning Administrator heard the project on June 9, 2004, which complies with the State of California
Planning, Zoning, and Development Laws relative:to mandatory processing times.
ANALYSIS:
The two major issues for analysis in this proposed retail commercial project are building orientation and
architectural design.
Building Orientation
Staff does not support the proposed siting of the building, which is setback approximately 59 feet from
Brookhurst Street and 80 feet from Garfield Avenue. The proposed siting of the building allows for one
row of parking along the Brookhurst Street frontage and two rows along the Garfield Avenue frontage.
Staff is recommending that the building be placed closer to the street corner in conformance with the
Urban Design Guidelines. Placing the building near the street corner will achieve the following
objectives of the Urban Design Guidelines:
o Encourages pedestrian activity
❑ Creates a visual link to surrounding streets and sidewalks
o Screens views from the public street to parking areas
ATTACHMENT NO.. b
PC Staff Report 7/27/04 -8- (04sr23 CUP 03-62 Appeal)
The proposed building is also inconsistent with the zoning ordinance that promotes placement of at least
40 percent of the building surface at the minimum setback line on frontages adjacent to major or primary
arterials. The minimum building setback is 10 feet to both Brookhurst Street and Garfield Avenue. The
aforementioned zoning provision, although not a requirement, is intended to further the General Plan
goals, objectives, and policies and foster high quality architecture and site planning along major City
corridors. The provision is intended to improve the quality of the urban form along commercial corridors
and promotes a positive City image. Placing commercial buildings closer to the street edge places the
focus on the building architecture and visually downplays the prominence of the parking areas. The
General Plan promotes the placing of buildings along street edges in order to convey a visual relationship
to streets and sidewalks in order to encourage more pedestrian-friendly commercial development.
Staff analyzed the overall issue of compatibility with surrounding properties. The analysis found that the
subject property is located directly to the north of a corner site (City of Fountain Valley) that is developed
with a bank building that is sited near the street corner. The bank building is setback approximately 35
feet to Brookhurst St. and 20 feet to Garfield Ave. with the parking area located to the rear of the site. In
addition, the setbacks are fully landscaped and provide pedestrian access to and from the street and
sidewalks. Staff s recommendation is to place the proposed Walgreen's building in a similar layout that
allows for a visual connection to the street and screens the parking areas. Finally, the property located to
the west of the site is developed with a mobile home park. Placing the building near the street corner
would allow for a greater buffer and an increased separation to the proposed building. The placement of
the building in such a manner would decrease the probability of potential noise impacts to mobile home
owners as a result of the 24 hours a day operation and drive thru service.
Architecture
The property is located at an intersection that is identified as a primary entry node in the City's General
Plan. There are a total of eight primary entry nodes identified in the City. A "node" is defined as a
significant focal point, such as a public square or street intersection that acts as a center of movement and
activity. These nodes represent a major entry point and should be developed in substantial compliance
with the General Plan and the Design Guidelines, as they are points of distinction between adjacent
jurisdictions and the City of Huntington Beach. The proposed project does not fully address the entry
node requirements of the General Plan. The proposed architecture and building siting represents a
prototypical design and layout that does not consider the context of the surrounding commercial area or
the fact that the project is located at a primary entry node. The proposed building siting and architectural
design does not carry out the goals and policies of the General Plan and does not comply with the Design
Guidelines.
Staff does not support the proposed corporate style architecture, which incorporates prototypical design
that already exists on several Walgreen's developments throughout the City and within the surrounding
areas. The Design Guidelines discourage the use of standardized"corporate" architectural styles
associated with franchises. Site-specific design solutions, which take into account surrounding
development and the general character of the area, are encouraged. The surrounding land uses in the area
are comprised of aging commercial development on all four corners of Brookhurst Street and Garfield
Avenue. The proposal represents the first major redevelopment at the subject intersection and will set
architectural precedence for future development at this intersection. The shopping center to the east of the
ATTACHMENT No. �
PC Staff Report 7/27/04 -9- (04sr23 CUP 03-62 Appeal)
subject site was developed with a large expanse of parking adjacent to the street frontage. The result of
this site layout is that the parking lot becomes the prominent feature of the site and the distance of the
buildings to the street diminishes the architectural merit of these buildings. The design does not provide
easy pedestrian access, lacks a visual relationship to the street, and fails to convey the urban form and high
quality architecture recommended along major commercial corridors by the General Plan and Design
Guidelines.
In an attempt to gain greater compliance with the General Plan and Design Guidelines, staff recommends
design elements such as a more predominant pitched roof, offsets in the exterior walls, reduced height,
and landscaping adjacent to the building. These elements will soften the appearance of the building and
result in a design that is compatible with surrounding uses, and consistent with the General Plan and
Design Guidelines. The buildings shall be divided into distinct massing elements and all elevations shall
be treated equally with similar amounts of articulation and massing. The proposed architecture does not
incorporate an equal amount of articulation on all four facades and therefore does not conform to the
Design Guidelines criteria. Staff concurs that the Design Review Board shall review the final
architectural design of the proposed building.
Staff Alternative Layout
Staff has prepared an alternative site layout for consideration by the Planning Commission that
demonstrates compliance with the building siting encouraged in the General Plan and Design Guidelines
(Below/Attachment No. 6). The.proposed alternative layout relocates the building near the street corner
and provides a 15-foot setback to.the building wall.and a 10-foot.setback to the colonnade along the
frontage of the building. The revised layout complies.with.all development standards including parking,
landscaping, and setbacks. Staff has prepared the alternative layout in order to demonstrate that the
building could be placed adjacent to the street corner and still meet all of the City's requirements.
The optimum design from staff s
perspective would incorporate a
25-foot landscaped setback from
one or both of the adjacent streets,
which would result in greater
F.
compliance with the General Plan -
and Design Guidelines. This
design may result in a smaller
� I
building and the possible loss of
one drive-thru lane. The 25-foot _
----
landscaped setback would allow �— I ;,�.;-:
for screening of the parking areas,
a pedestrian-friendly connection
to the street and provides the L__
buffer to the adjacent residential �` ! I `
f
property.
ATTACHMENT NO, A ►�.
PC Staff Report 7/27/04 -10- (04sr23 CUP 03-62 Appeal)
The design of the building with the increased setback also provides the opportunity to enhance the corner-
landscaped treatment to carry out the requirements for primary entry nodes. The possible incorporation of
the 25 ft. landscaped setback would require a re-design of the layout by the applicant. The project is
subject to review and approval by the Design Review Board, as conditioned by the Zoning Administrator,
and could include a review of the re-design and final building layout.
In evaluating alternative building locations, staff investigated the potential visual impacts to other
buildings along the Brookhurst Street frontage. The primary concern is the potential screening of existing
buildings and businesses. In staff s opinion, the alternative layout does not result in reduced visibility to
the Arby's building located to the south of the subject site.
The setback to the front of the �, ,-, a3g%
- �s�el�ul
Arby's building is
approximately 65 feet with an
outdoor diningpatio located
P
within the front setback, +r 1
j Y,• .� NlykR'I�"nhixea+�Nkral!�WllgW.:(.iteiNJ.*41hF ,i
approximately 15 feet from the
front property line. Placing the W.. t _ ;
building at a 25-foot setback `
along the Brookhurst frontage Proposed ,Y
u r, Walgreen's f` ¢
does not impact visibility to the with a 25'
T {a
Arby's building from motorist L� E , �d setback
-
s
t t
raveling sou hbound on
Brookhurst Street. The v �;r { .� , W; °'E,,
adjacent aerial map illustrates
the angle of visibility to the
Arby's building: ;
In conclusion, staff recommends denial of Conditional Use Permit No. 03-62 for the following reasons:
- Inconsistent with the General Plan and Urban Design Guidelines that contain provisions for siting
buildings adjacent to street frontages to encourage pedestrian activity while creating a visual
relationship to streets and sidewalks.
- The proposal does not fully address the requirement for prominent and distinctive architecture for
development at primary entry nodes identified in the General Plan.
- The architecture incorporates corporate design solutions that are not desirable for a property located at
a primary entry node into the City as designated in the General Plan.
- Incompatible with and detrimental to surrounding land uses by placing the building closer to sensitive
land uses.
ATTACHMENT NO.
PC Staff Report 7/27/04 -11- (04sr23 CUP 03-62 Appeal)
ATTACHMENTS:
1. Suggested Findings for Denial—Conditional Use Permit No. 03-62
2. Site Plan and Elevations, dated July 16, 2004
3. Project narrative dated March 1, 2004
4. Appeal letter dated June 17, 2004
5. Zoning Administrator Meeting Minutes dated June 9, 2004
6. Alternative layout (Building at the corner)
ATTACHMENT NO.. A.-
PC Staff Report 7/27/04 -12- (04sr23 CUP 03-62 Appeal)
ATTACHMENT NO. 1
SUGGESTED FINDINGS FOR DENIAL
CONDITIONAL USE PERMIT NO. 03-62
SUGGESTED FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 03-62:
1. Conditional Use Permit No. 03-62 for the establishment, maintenance and operation of an 11,838 sq.
ft. single story, Walgreen's Pharmacy with drive-through service will be detrimental to the general
welfare of persons working or residing in the vicinity and to the value of the property and
improvements in the neighborhood. The orientation of the building on the lot does not comply with
the Urban Design Guidelines, which encourages placing the building closer to the street frontage to
allow for a stronger visual link and pedestrian link to the arterial street and providing an increased
buffer between the adjacent residential properties and the subject building.
2. The conditional use permit will not be compatible with surrounding uses. The adjacent property to the
north of the site has been developed with the building near the street corner. The property to the west
is currently developed with a mobile home park. The proposed location of the building, away from
the street corner, is not be compatible with the adjacent property to the north and will not provide an
increased buffer to the mobile,home development located.to.the west of the site.
3. The proposed development will not comply with the provisions of the base district and other
applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance.
The proposed development does not promote placement of at least 40 percent of the building frontage
along a minimum setback line which is a zoning provision intended to further the goals, objectives,
and policies of the General Plan. The subject property is identified in the General Plan as a primary
entry node to the City and, as such, should provide the highest architectural quality in compliance with
the General Plan, HBZSO, and Urban Design Guidelines. The proposed building siting is inconsistent
with provision identified in the Huntington Beach Zoning and Subdivision Ordinance, General Plan
and Urban Design Guidelines that promote placement of the building at the minimum setback line
along major or primary arterials,in the CG zoning district. The proposed location of the building does
not create a visual or easily accessible pedestrian link to the street, and does not adequately screen
parking areas.
4. The granting of the conditional use permit will adversely affect the General Plan. It is inconsistent
with the following goals and policies of the General Plan:
L UI0.1.4. Require that commercial buildings and sites be designed to achieve a high level of .
architectural and site layout quality.
LU10.1.12. Require that Commercial uses be designed and developed to achieve a high level of
quality, distinctive character, and compatibility with existing uses and development including
consideration of:
(04sr23 CUP 03-62 Appeal) ATTACHMENT NO. _- I3 -
c. siting and design of structures to facilitate and encourage pedestrian activity;
d. siting of buildings to the street frontage to convey a visual relationship to the street and sidewalks;
e. architectural treatment of buildings to minimize visual bulk and mass, using techniques such as
the modulation of building volumes and articulation of all elevations.
UD 1.2 Consider establishing, at each significant node, a local center that serves its neighborhood
constituency and provides a strong and distinct focal image focal image for the district.
The proposed development does not achieve a high level of site planning and quality layout. The
siting and design of the proposed structure does not promote pedestrian connections between
sidewalks and the Walgreen's Pharmacy because pedestrians must cross driveway/parking areas to
access the store. The building does not achieve the optimum design solution, which is to place the
proposed building at the corner, in proximity to the sidewalks to provide the pedestrian connection and
screen parking areas and automobiles behind the building.
The General Plan designates the Brookhurst/Garfield intersection as a primary entry node into the
City. This designation necessitates substantial compliance with the General Plan, which includes
siting of buildings to facilitate pedestrian activity and creating a visual connection to streets and
sidewalks by placing the building in proximity to the corner. The structure has been designed using
corporate design elements that are discouraged by the Urban Design Guidelines. In addition, the
proposed architecture of the building does not provide sufficient articulation of all four facades in
compliance with the General Plan.
ATTACHMENT N®. -
PC Staff Report 7/27/04 -2- (04sr23 CUP 03-62 Appeal)
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PROPOSED WALGREEN PHARIMACY
Brookhurst & Garfield
19001 Brookhurst Street
Huntington Beach, CA 92646
GENERAL PROJECT DESCRIPTION
The proposed site is located on the south-west corner of the intersection Brookhurst Street and
Garfield Avenue. This project as proposed will consist of the demolition of all on-site structures,
and complete scraping and clearing of the site. The new work is to consist of grading and
compaction of native soils, and construction of a new, single story 13,098 square building with a
drive-thru pick up and drop-off window for pharmacy prescriptions. The building is intended for
a single tenant, the'Walgreen Company, a pharmacy retail store. The proposal also includes all
new on-site pavement, landscaping, and sidewalks.. .
Surrounding the project4ocation is a mobile home park to.the west and an Arby's fast food
restaurant to the south. Across the property to the north is a Washington Mutual Bank, a Mobil
Gas Station to the east. The property across to the northeast is a Shell Gas Station and a Carl's
Jr. fast food restaurant.
The overall site layout accommodates parking spaces, a loading area and a prescription pick-up
window facility. The prescription pick-up window functions as a convenience for disabled
customers,the elderly, and parents with sick or injured children. Only a small percentage of
customers are anticipated to use this facility,yet it is an integral part of the customer service
Walgreen's has committed to provide and Walgreens' customers have come to expect. The
average use of the drive-thru window is 2 vehicles per hour during the AM peak hours and 7 cars
per hour during the afternoon peak hours.
The delivery schedule for the project is a weekly 55' non-refrigerated tractor-trailer Walgreens
truck with daily deliveries from various vendors in van-sized automobiles. Only the Walgreens
truck utilizes the receiving door; the remainder is delivered through the front door. The
Walgreens delivery truck is located on site for 1-hour while it unloads merchandize. The truck.
engines are turned off rather than idling on site during this period.
Walgreen Co is an industry leader in sales and service, and places an enormous emphasis on
customer satisfaction. Walgreens believes the community will be well served by their business
4.i._...._.
providing pharmaceuticals as well as other services such as photo processing and household
products at competitive prices with great customer service.
Typical store sales by category are approximately 50% prescriptions, 45% health and beauty aids,
with the remainder split between sundry items, seasonal goods and prepared food items.
Walgreens anticipates employing 25-30 full and part-time people at this 24-hour location.
Walgreens is a strong believer in hiring locally.
CITY Off' HUNTINGTON BEACI�
Planning Commission Communication
TO: Howard Zelefsky, Planning Commission Secretary
FROM: Ron Davis, Chairperson of the Planning Commission
DATE: June 17, 2004
SUBJECT: APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF
CONDITIONAL USE PERMIT NO. 03-62 (WALGREENS PHARMACY
I would like to appeal the Zoning Administrator's approval of Conditional Use.Permit No. 03-62,
Which permits the`development of an 11,838 square feet Walgreen's Pharmacy with it drive,thru
at.1900.1 Brookhurst Street (southwest corner of Brookhurst and Garfield). The reasons for the
appeal are based on the.following issues
o ..The provisions in the Urban Design Guidelines encourage the siting of buildings on comer
lots adjacent to the street corner.. This..design..provision is intended to create.a:visual and
pedestnan 11n1c between the building and the street/sidewalks and to provlde screening of
parking areas'_: The approved layout does no conform to this provision:
o The Deslgn,Guidelines`promote high quality, innovative, and imaginative architectural.
design of buildings.unique to the site or surroundings 'The Guideluies.also discourage
prototypical an or corporate design..The approved building does'not adequately address
these provisions
cl The Planning Commission should review the proposed building location, the quality of
design;colors,and'materials for the structure, and overall compliance with the Urban
Design Guidelines
xc: Planning Commission
V. Scott Hess,Planning Manager
Herb Fauland, Principal.Plahner
�1%lt
Paul Da Veiga, Associate Planner
File
T.
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(g:\robin\PCWalgreen's Appeal—Davis 061704)
MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-8 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, JUNE 9, 2004- 1:30 P.M.
ZONING ADMINISTRATOR: Mary Beth Broeren
STAFF MEMBER: Paul Da Veiga, Rami Talleh, Ron Santos, Ramona
Kohlmann (recording secretary)
MINUTES: May 5 and 19, 2004
APPROVED AS SUBMITTED
ORAL COMMUNICATION: NONE
ITEM 1: CONDITIONAL USE PERMIT NO. 03-62 (WALGREEN'S PHARMACY—
CONTINUED FROM THE JUNE 2, 2004 MEETING WITH THE PUBLIC HEARING CLOSED)
APPLICANT: Brandy Yamamoto, Spear Design Associates, 1228 Avenida
Amistad, San Marcos, CA 92069
PROPERTY OWNER: Joseph Lowenstein, 9952 Garfield Avenue, Huntington Beach,
CA 92646
REQUEST: To permit the development of a 11,838 square foot Walgreen's
Pharmacy within the CG (Commercial General) zone. The
proposal includes installation of new landscape planters and new
surface parking.
LOCATION: 19001 Brookhurst Street. (Southwest corner of Brookhurst Street
and Garfield Avenue)
PROJECT PLANNER: Paul Da Veiga
Paul Da Veiga, Staff Planner, displayed project plans and photographs and stated the
purpose, location, zoning, and existing uses of the requested project. Staff stated that the
request was continued from the June 2, 2004, meeting to allow the applicant time to comply
with the Zoning Administrator's request for an alternate design that would place the building
closer to the corner.
Staff presented a review of three alternate site plans that were submitted by the applicant that
addressed the building placement. Staff stated that no drawings were submitted by the
applicant to address changes to the architecture of the building.
Staff stated that the recommendation for denial remains. Staff stated that of the three
alternate site plans submitted by the applicant, only one has potential to meet code, but that
the layout would not be ideal.
Mary Beth Broeren, Zoning Administrator, and staff discussed the original proposed setback
from Garfield Avenue.
Ms. Broeren stated that although the item was continued with the public hearing closed, she
was going to re-open the public hearing to accommodate new speakers who might wish to
present information.
THE PUBLIC HEARING WAS RE-OPENED.
THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST
AND THE PUBLIC HEARING WAS CLOSED.
Ms. Broeren and staff discussed the parallel parking, drive-aisle and code requirements. Staff
stated that parallel parking is not desirable: Ms. Broeren stated that she would like to hear
from the applicant concerning alternate site plans.
John Glikbarg, applicant, approached and presented explanations to the three alternate site
plans. Mr. Glikbarg presented a fourth alternate plan bringing the building closer to Brookhurst
Street, as directed by the Zoning Administrator at the previous meeting:
Brandy Yamamoto, applicant, presented photographs of the older Walgreen's prototype and a
new standard structure currently located at 36t' and Atlanta, Long Beach, CA.
A review and discussion ensued with Ms. Broeren and the applicant concerning the fourth
alternate plan. The applicant confirmed that the plans provide for 44 parking spaces, four of
which are surplus. Discussion ensued concerning landscape planters adjacent to the building,
a parking study, and elimination of excess parking spaces_ to accommodate expansion of the
landscape planter along Garfield Avenue.
Ms. Broeren stated that she was going to approve the request. She confirmed that the
applicant had been provided with a copy of staff's alternate findings and conditions for
approval. She modified staff's alternate suggested findings and conditions for approval as
reflected below.
CONDITIONAL USE PERMIT NO. 03-62 WAS APPROVED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND CONDITIONS OF
APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE
ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN
TEN (10) CALENDAR DAYS.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-62:
1. Conditional Use Permit No. 03-62 for the establishment, maintenance and operation of a
11,838 sq. ft. single story, Walgreens Pharmacy with drive-through service will not be
detrimental to the general welfare of persons working or residing in the vicinity and to the
value of the property and improvements in the neighborhood. The subject property is
designated for commercial neighborhood development under the General Plan. The
proposed project is consistent with the permitted uses and development standards within
this designation. The proposed use will be less intense than the current use of the
ZA Minutes 06[09/04 _ _ 2 (04=0609)
property as a car wash and service station, and will not have any significant impacts on the
adjacent mobile home park based on the limited use of the drive thru, existing block wall,
difference in grade between the two land uses, and the proposed distance between the
two land uses.
2. The conditional use permit will be compatible with surrounding uses. The property abuts
commercial uses to the north, south and east and residential use to the west. The subject
site is located approximately six to eight feet higher than the adjacent mobile home park.
An existing 12-foot tall combination retaining and block wall separates the two properties
and provides adequate noise attenuation from the proposed use. The applicant will be
required to record an irrevocable offer for reciprocal vehicular access to the adjacent
commercial property to the south to allow for future reciprocal access between commercial
properties in compliance with the Zoning Code.
3. The proposed development 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. The subject property is identified in the General Plan as a primary entry node
to the City and, as such, should provide the highest architectural quality in compliance with
the General Plan, HBZSO, and Urban Design Guidelines.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the following goals and policies of the General Plan:
LU10.1.4. Require that commercial buildings and sites be designed to achieve a high level
of architectural and site layout quality.
LU10.1.12. Require that Commercial uses be designed and developed to achieve a high
level of quality, distinctive character, and compatibility with existing uses and development
including consideration of:
c. siting and design of structures to facilitate and encourage pedestrian activity;
d. siting of buildings to the street frontage to convey a visual relationship to the street and
sidewalks;
e. architectural treatment of buildings to minimize visual bulk and mass, using techniques
such as the modulation of building volumes and articulation of all elevations.
UD 1.2 Consider establishing, at each significant node, a local center that serves its
neighborhood constituency and provides a strong and distinct focal image focal image for
the ditrict.
The proposed development is in substantial compliance with the Urban Design Guidelines.
The siting and design of the proposed structure allows for pedestrian connections between
sidewalks and the Walgreens Pharmacy across driveway/parking areas. The proposed
architecture provides a prominent entry and incorporates quality materials in its design.
ZA Minutes 06/09/04 3 (04=0609)
CONDITIONS OF APPROVAL— CONDITIONAL USE PERMIT NO. 03-62:
1. The site plan dated June 9, 2004, and floor plans and elevations received and dated
February 12, 2004 shall be the conceptually approved layout with the following
modifications:
a. The design, colors, and materials for the subject building shall be reviewed by the
Design Review Board (ORB) following approval by the Zoning Administrator. The
following design standards shall be incorporated into proposed building architecture:
1) Elevations shall incorporate multiple roof planes and/or a variety of roof slopes to
reduce the overall mass and bulk of the building and comply with the Urban Design
Guidelines.
2) The overall architectural theme shall be unique to the site and surroundings.
3) In order to minimize the overall bulk of the building at the minimum setback line, the
building shall incorporate additional offsets and roof elements shall be set back
from the fagade of the building in certain locations along the north and east
elevations.
b. All surplus parking stalls shall be eliminated and additional landscaping shall be
provided adjacent to the building and within the parking area.
c. Pedestrian walkways consistent with the original site plan dated February 12, 2004
shall be provided for on the revised site plan dated June 9, 2004.
d. Prior to submittal for building permits. The applicant shall 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
8.5 inch by 10 inch colored elevations, materials board, and renderings to the Planning
Department for inclusion in the entitlement file.
2. Prior to issuance of a grading permit, the following shall be completed, as required: \
a. The site plan received and dated April 14, 2003 shall be the approved layout except for
the following: (PW)
1) The Brookhurst Street driveway shall be located at least 10 feet northerly of the
southerly property line, and provide a minimum 10-foot sight distance triangle
consistent with the HBZSO Section 230.88.
2) A minimum 10-foot sight triangle must be provided for vehicles at the southwesterly
comer of the building.
3) A truck-tracking exhibit, utilizing a WB-50 design vehicle, must be provided to
demonstrate that delivery trucks can be accommodated. This truck tracking exhibit
must illustrate a truck entering the site, accessing the loading docks and egressing
the site. It must be demonstrated that the truck movements will not encroach into
opposite directions of roadway traffic nor impact the parking spaces shown. A
ZA Mi.nutes 06/09/04 4 (04=0609)
"77 eg §
0 CITY OF HUNTINGTON BEACH
. A4 le
OB City Council Communication
T
TO: Joan Flynn, City Clerk o
C
FROM: Connie Boardman, City Council Member `� _,_
4.._,
DATE: August 3, 2004
SUBJECT: APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF
CONDITIONAL USE PERMIT NO. 03-62 (WALGREENS PHAR%Cn
I would like to appeal the Planning Commission's approval of Conditional Use Permit
No. 03-62 on July 27, 2004. The approval permits the development of an 11,838
square feet Walgreen's Pharmacy with a drive-thru at 19001 Brookhurst Street
(southwest corner of Brookhurst and Garfield). The reasons for the appeal are based
on the following issues:
❑ The provisions in the Urban Design Guidelines encourage the siting of buildings on
corner lots adjacent to the street corner. This design provision is intended to create
a visual and pedestrian link between the building and the street/sidewalks and to
provide screening of parking areas. The approved layout does not conform to this
provision.
o The Design Guidelines promote high quality, innovative, and imaginative
architectural design of buildings unique to the site or surroundings. The Guidelines
also discourage prototypical and/or corporate design. The approved building does
not adequately address these provisions.
❑ The project is located at a Primary Entry Node that is identified in the General Plan
and should be designed consistent with the provisions outlined in the General Plan
and Urban Design Guidelines.
❑ The City Council should review the proposed building location, the quality of design,
colors, and materials for the structure, and overall compliance with the General
Plan and Urban Design Guidelines.
xc: Mayor and City Council Members
Planning Commission
Penny Culbreth-Graft, City Administrator
Bill Workman, Assistant City Administrator
Howard Zelefsky, Director of Planning
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