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HomeMy WebLinkAboutUse permit 83-39 - John Kavanagh and Mike Whitney - To perm ........ "---- .. IN.HE Sup srior Court �l j' or Ttta STATE OF CALIFORNIA / In and fat the County of Or.nge �(— CITY OF HUNTINGTON BEACHs CITY CLERK P ROOFOFP.u,F c6yai; PUBLIC HEARING e3-39 State of California ) County of Orange ) Rita J. Richter That I am and at all times herein mentioned was a citi-en of the United States,over the age of twentyane years, and that I am not a party to.nor interested In the alive entitled matter, ''` � :4, that I am the princlnal clerk of the printer of the . HUNTINGTON BEACH IND. REVIEW a newspaper of general circulation,published in the City of HUNTINGTON BEACH 0 w County of Orange and which newspaper is published for the disemination of local txwe and Intelligence of a general chnrac• ter, and which newspaper at all times herein had c. ' and still has it bone fide subscription list of bi subscribers, 7` p pay big and which newspaper has been established priiited and pub- lished at regular interveJa in the said County of Orange fora pe-ird ^ :.eeding une yr.ar, that the notice, of which the IIMiM� I annesew .t a printed Dopy, has been published 1r, the regular L ° and entire Issue of said newspapej, and not in anv supplimert : supra y„, theteof,an the following dew,tow'..: Jim.0 I eaetif� (or declare)under penalty of perjury that the forago- inE is tnie and correct. Dated at........... .................. 'a�Ur "this . .thdayoN�VQmb�19..���... ' Slgnaturs � O� . . en 83 f� 9L _ _ Form K PCp A UP ' R3-3:/CE 83-28 - &eal November 9 1983 Page 2 Planning Commission Action on November 1, 1983 : ON MOTION BY WINCHELL AND SECOND BY ERSKINE USE PERMIT NO. 83-39 AND CONDITIONIAL EXCEPTION NO. 83- 28 WERE MODIFII:D BY Tt:E PLANNING COMMISSION AND SUBSEQUENTLY CONTINUED TO THZ NOVEMBER 15 , 1983 MEETS:+G FOR REVISED FINDINGS AND COMITIOUS . AYES : Winchell, Li.vengood, Porter, Erskine , Schumacher, Mirjahangir NOES : None RESENT: Higgins ABSTAIN; None DISCUSSION: On August 5, 1983 tha Board of Zoning Adjustments approved Use Permit No. 83-39 in eonjunei.ion with Conditional Exception No. 83-28 . The for- mer teas a request to permit the estafilishment cf a 980 square foot auto- motive related business and the latter wLs a request for reduction in driveway width from 20 feet to 16 feet. These requests we,.e c;ranted a..ter numerous meetings between City staff and the applicant to work out many of the existing problems on the site. Subsequent to the approval of the aforementioned applications and i.ssuancro of the required building permits, it was discovered that the buildinc- was nor in conformance with the front setback r_equix•ements. The bu,ldin3 plans were inadvertently approved with a 30 foot setback in lieu of tAe regi- red 50 foot setback.. In an attempt to resolve the setback encroachment on Beach Boulevard, the applicant and staff agreed to bring this particular development back to the Board of Zoning Adjustments . The applicant acreed to move the approved lure and tune building back to t' .e 50 foot Front yard setback to bring it into conformance verith the ordinan,,.- e code. In additi :ri, the applicant sought approval of an additional structure in the rQir of the lot . On September 28 , 1983 the Board of Zoning Adjustments reconsidered Use Permit No. 83-39 in conjunction with Conditional Exception No. 83-28 . At the Board meeting of October 5 , 1983 Mr. Erdan Denktas, owner of Tosh ' s B-B--Q located on the south side of the subject property► stated the following objections to the applicant' s proposal : 1 . The project will create an onsite traffic hazard due to the proposed interior circulation . 2 . There will be a shortage of offstreet parking and landscaping as required by S. 9791.121 (1) which will have an advers•i effect on his (Denktas' s) property. 3 . The proposal will add to the traffic problems which prese.ltly exist in this particular location on Beach Boulevard. 4 . The applicant is in violation of 9791 . 9 . 11, requiring parking spaces adjacent to a wall over 12 inched in height having an additional 3 feet in width. The Board of Zoning Adjustments addressed Mro D�.nktas ' s concerns as follows: UP £3--39/CE 8 3-2.. - Atal November 9, 1983 Page 3 The onsite parking includeo a credit for 6 spaces in the aervice bay area . The applicant is also providing 3 striped spaces outside the bay area. The minimum parking requirement for this particular use is 5 spaces . The applicant, in his proposal , has 9 parking spaces . Any deficiencies in stall wA.dths or landscaping requirements will have to be correctad prior to issuance of a h»'_AlSing permit. The site plan will be the subject or a comprehensive plan check at that time. Ater additional review and analysis, the Plenning staff racorm"iended that the applicant provide additional landscaping and redesign the parking in the Front portion of the lot. (See attnehed site ple,-. • -epared by staff. ) The staff also proposed a reduction in building a. for the rear of tre building. ENVIRONMENTAL STATUS: Pursuant tc Section 15103, Class 3, ot. the California 'Onvironmental Quality ' Act Guidelines, subject requests are exempt from environmental review. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION : The City Council may jonuider the Planning Commission' s modifications of the subject applications and adopt their findings and conditions. SUPPORTING INFORMATION: 1. Planning Commission st_fi report dated November 1, 1983 with site plan prepared by staff . 2. Planning Commission conceptual approved sketch 3 . Letter of appeal from applicant CWT:JWP:HZ:df t huntin ton b,;ach develo lnt services department g P P STAf f EP0RT r TO : Planning Commiss :-:» FROM: Development Services DATE: November 1 , 1983 USE PERMIT 140. 83--39 AND CONDITIONAL EXCEPTION NO. 83-23 , APPEAL APPLICANT: John :;avanagh & DATE ACCEPTED : Mike Whitney 5919 Van Nuys Blvd , June 29, 1983 Va:i I1uys , CA 91.401 AANDATORY PROCESSING DATE : APPELLANT ; Erden Denktas Tosh ' s Bar-B-Q 60 clays from close of public 16871 Beach Blvd , hearing. Iluntington Beach, CA 92647 ZONE : . C4-11ighway Commercial Up REQUEST - Te permit construction of GENERAL PLAN : a 980 sq . `t. "aub'e Pit Stop" building and to per-- General Commercial mit a 705 sq. ft. auto serv-- ice building . ACREAGE: 0 . 17 CE REQUEST: To permit a reduction in driveway width from 20 ft. to 16 ft. , and to permit a zero rear yard setback . LOCATION : The subject property is lo- cated on the west side of Beach Blvd . , immediately south of the Orange County Flood Control Channel . 1. 0 SUGGESTED ACTION: Staff recommends that the Planning Commission uphold the Board of Zoning Adjustments approval of Use Permit No . 83-39 and Conditional Exception No. 83-28 with the conditions and revisions as outlined in this report. 2 0 GENERAL INFORMATION: On Auguxt 3, 1983 , the Board of Zoning Adjustments approved Use Per mmit Aeft t A•fM-4as UP 83-39 CE 83-28 Ai''�E,u November 1 , 1983 Page Tv,-) No. 83--39 , a request tD Ptrm.it the establishment of 9BG suua.re focst "Labe and Tune" auto service building and Con:litic,r.al Er,.Cer►tiorl t",o. 83-28 , a request to pe-mi t the reduct.ityn -in driveway width from 20 feet to 16 feet. These approvals were oz-a11ted aft'?_ a nurdhl,v of con- t1nt1.d27Cea cr. ;:e . i S UIZs t.:1 f;) s Lr !--1 aT. . :... �l­n .. _ .... _.a F , ._'k'.tQ, t; : T C.53'1 ..a Bar-B--Q, 3.mme.-iately south a: thE_ ruer* F+rOPC-rtl is arp aiina tJiir, approval.. 3. 0 ENVI ROANMEW'I"AL STATUS : Pursuant to Section 15103 , Cuss . 3 c•: the Cajif +:nia Ervixcn��e;�tal �,futtl- ity Act,, subject requests are emc:inpt f ron environmental rt'S lew. 4 . 0 SURROutiDi:trG I. A!O UaES , Zi O I NS F AiJID GEI,MEPJLL !ILXL ) IDES I GNATIpP:: Subject Property General Plan Designation : General Commerc: :,l Zon.ino : t:4 , icl2ka : C'c�r:vn��rcia? Land Uses acan North of Subject Prorert�: Genera_ Plan Designation : L encra1 Cmmnierci3i Zoning: C4 , t:i ih a.r C..-7,lT e rcaa:. Lard Use: O. an.3e. County Flcfod Cc_nr_rDl Char..nel South of Fab3ect Prope_t•,,-: General ;'Ian Designation: f.3ent.•r a 1 Commer c i z:1 J Zoning: C4 , :iiyh�;a CC :can��r.: 31 Land Ose: Hest aurant/Toal; ' s P.a:-e-Q East of Subject vronertv General Plan Desigmation: Mediuz D::nsit" Resid�a•1.'.ia2 �41219]C�`: F:G�.1dent.ial 1.3nd Use: Wiest of Subject PropertZ: Genera.. Plan Designation: General Vm1n_,: C4 , :Hiahway C'o iercial Land Use: R .t3:i Canis-4ercia3 5� SSUESt ANALYSIS kiD HISTORY : On August 3, 1983 , the Board of Zoning Ad justnemtsa appro•:ed Lase Perish 1l�0« g3--39 im Conjunctioh ith pandit:Tonal Zxre ::i :,ri SO,- 83_28' The ftirmar, in a request to pernit the esta list-.m nt :�f a 990 s. rt f ad. plat t:ive r*lat..ed busin*tic vhi l.e he later being a request .for ,rvduati Do in''dtivewah width from 20 felet. to1b feet. Thea.a requests vcx-e granted . s meetings bertweu-a City staff and the Applicant to work r►ut. UP 83-39 C£ 63-2 �►?'��/ 6 , AL November 1 , 1.063 Page Trz ee m ty of the existing prob?ens= i..-n the tr_) thy- approval. of the aforementioned appli cations zind i ss�.rarlc=� c•f the ri- qui:vJ L�'�i.ld- ing permits , it was discu.-ered that tht I]+:3ir1 ., was nc:,t in conforinance With front: ti'GZ'd setbacl-. i equire.n rit-s . The pl-ans, %we -re tnLiJvc'r- tently approved with z 30 .foot settiacr. ill 1:�.� ;- f t.'rie: re.7:iit't::� �+J foot. setback . Ili a.n at-ennpt to tz'Lic), on _4c_. .fr.: h Lic)ulevard , t4l)e applicant and st of i wgrE'+:'C:. L:a tr ii:^ Lhis �;) ar'ticul ar d;Velcq--+Tnient Mack to the Board of Zonin, r,djustments . The appldsa7)t acr:=,�d to 111_,v= the a­ proved lube and -tune buj' c?inn back -c, �Iit' 5() fr.Dt fr_'nt .►•ar-1 setbark tt> bring itin-o cc,nfor narice with LL)= �7•^i11f):] ')!:1! Cc)r!e I r I i_1L`. i t 1cTI , plicant sought r3_ pxovall :v2` an ad-"i t i o 7 1 1 s•..r.ictu.E at thG' reax of the lot. On Septerrber 26 , , a, r d f ,,;I l nq A �Uatmenir, E'�E, ) Use 1983 �hc � it ,J .:, rec�:nsid c. Permit No. 83-39 in Conj uric tl '' Mit1h 63-2b . At the Board rneeti.nc _,f Octcbe-- 5 , '00"30 Pdz . F_rc3d%n ?')�:)__:�� , C),W- nE.r Df Tosh' s Bar-B--Q Pes taurar,* thc- appel l a.n t ) , lr<%l I s.d on t_:_. :.. 0 tli ride cf the subject property stated; the lfG11c)'«lAn- C+LJs'ct. t� to :_►� at.,p] li' ant3 proposal : ' 1. The project will create :;n nn-site t r a f f is ha;ar d 1he prop_)SC-3 interior circulation. 2. There will be a s`lortaac_ cif off-street p a.rkinq ar.d as required by Section i y1 . 121 iL) , whi c.1-i w '1 hDve a:, bw••er se effect on his property . 3. The proposal will ad3 to the `raf i i c pr.oblen s which presently exist irs this particular location vn Beach Bzou?e:vard . 4 . ;".he applicant is i:, 2J.la�1r•.. CJJ. •�c? x:`1: a ��� . y . 11 ; r .n�wirrr3�) tne rkark- ing spaces ad i scent to a Ma?.l J:.,L? t;ian 1.2 1 r)ch_es 3n hei nt oh ave an additional. 3 feet in width. The Roar.d of Zoning Ad-iustr.ents addressed mr. De*iktas ' copcer.ns am fol.lovs : The on-site parking includes a cre:i.t f o: c spiaces in the F ervicc, bay area. The applicant is also providing 3 tri.ped spacerz outside the bay areMa. Tho jaitimum parking re quiren.ent fow this particular L-se: is 4 spaces. 10he "Lieatnt, it: his r:roposal l has 9 parking spaces . Arty de 'icio-ncies in Wtall widths or- l.andscapirao requi.re:u nt.s will have to toe corrected prio;c tee ieSuance of a building permit. The site plan will be the subject of A couprehensi.ve plan chew-k at that ti3*va . After additional review and -analysis, the planning staff' is recox7* ufittq ;thst the -applicant provi;3e a.ddlt•.innal 1"ducap; ng -and re►-dasign the k- E • UP 83-39/CE 83-280 AAL November 1, 1983 Page Four ing layout in the front portion of the lot. (See attached proposed site plan) 6 .0 RECOMMENDATION: Based on the above analysis and the following findings and conditions , staff recommends that the Planning Commission uphold the Board of. 7.on-- ing Adjustments approval of Use Permit No. 83--39 in conjunction with Conditional Exception No , 83-28 . FINDINGS - CONDI`"IONAL EXCEPT 'N NO. 83-28 : 1. - Due to the fact that the subjec ', property is a remnant lot with a substandard lot width, the str.iut aop.lication of the zoning ordinance is found to deprive the subject property of privileges enjoyed by ,other properties in the vicinity and under identical zone classifi- C'a t`.i0i1. 2. Because of the substandard lot width of the subject parcel coupled with the fact that it is adja^ent to a flood control channel , the granting of a conditional exception will not constitute a grant of special privilege inconsistent upon other properties in the vicinit� and under identical zone classification . The location of the build- ing adjacent to the Year property line will not constitute a grant of special privilege in that there will be a wall constructed and no openings provided along that side. In addition, there is an opc•;i space area designated on the adjacent property Planned Residen- tialDevelopment. j A 3. That the granting of a conditional exception is necessary to preserve the enjoyment of one or more substantial property rights . 4 . The granting of the conditional exception will not be materially det::imental to the public welfare nor injurious to property in the same zone classification. S. The granting of a conditional exception will not adversely effect the Manter Plan of the City of Huntington Beach . FINDINGS -- USE PERMIT NO. 83-39 : 1 . The granting of Use Permit No. 83-39 will not be detr.i.mental to; a. The general welfare of persons residing or working in the vicinity, b., Nor injurious to property and improvements in the vicinity of such use or building . W.t t NAME �Dpi `SS Mrrw..wr.r r.rr. --60L.'r-, ZLL q e. ..,�. _.......... /r •f 7? Lam• .r.--•_ .Z r , 1 �.` �.���.�.��.�..��?>.� -�t if�� '��=���`�'7 f�el�wbc��V '" / � ._ ' � Gam,•-� r< � - "�' .All Y CA- 07 s, 1 �' -#-02 0//A,/ j llI'lV-AA-;�ljl',e",LU- v j 1 x1a R E-Q A.., . r- O R CIT Y C OU L-�4 CTI G N Date Ncwember 17 , 1983 Submitted to: Honorable Mayor and City► Council Submitted by: Charles W. Thompson, City Administrator Ptepared by: James W. Pali.n , Director of Development Services , Subject: ADDENDUM TO REQUEST FOR COUNCIL ACTION - AGENDh ITEM D2-a APPLAL TO PLANNING COMMISSION ACTION N COND TIONAL EXCEPTION NO, 83-28/USE PERMIT NO. 83-39 49 Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OP ISSUE: The applicant For Conditional Exception No. 83-28 and Use Permit No . 83-39 has appealed to the City Council the Planning Commission action on November 15; 1983 to modify the Board of :.oning Adjustments ' approval of the subject applications. The applicant ' s appeal requests that the second building along the rear property line of the property be restored to the plan. nLANNING COMMISSION RECnWIENDATION. The Planning Commission recommends that the City Council uphold its action taken at the November 1.5 , 1983 meeting to modify the Board of Zonin Adjustments approval by el. i.minating the second building (storage) at the rear property line and to modify the plan to provide for additional perking onsite , through adoption of Alternative 3 of the attached layouts , STAFF RECOr KENI DAT1ON: Staff recommends that the City Council modify the Planning Commission' s action by reinstating the second building at a reduced size, and also modify t'ze Hoard o£ Zoning :A a.�: ,ustments ' ction to require more onsite parking by approval of a modified site plan reflecting areas for the second building as well as a layout for said additional parking . PLANNING CuhV4ISSION ACTION ON NOVEMBER 15, 1983 : ON MOTION BY SCHUMACHER AND SECOND I3Y ERS:CINE THE BOARD OF ZONING ADJUSTMENTS APPROVAL OF CONDITIONA EXCEPTION NO. 83-28 AND USE PERMIT NO. 8 3-39 WAS MODIFIED WITH THE FOLLOWING FINDING AND MIEtVDED CONDI-- TIONS, BY THE FOLLOWIN" VOTE: -VINDING: Th ..parking provided is adequate fu): one rise only, and the parking reyuiremen%- cannot be satisfied unless parking is provided in place cif the stor,ag n building in the re a� A1'p1toV$U HY CITY CUU ` 011 c ry GLi� • Addendum RCA - CE 8/' ' b3-39 " . November 17 , 1183 Page 2 C-NDITIOMS OF APPROVAL: 1. A detailed site plan shall be developed Ly staff showing one structure and one use only. This site plan shall be the approved layout. 2 . The wall which is constructed on the north side of the property for • the tube pit stop business shall i br cf maintenance free , decorative masonry material . 3 . The driveway approach on Beach Boulevare shall have a minimuin width of 30 feet and shall be constructed to the 'W' type design, with a minimum driveway width at hack of sidewalk of 27 feet . 4 . Prior to issuance of building permits, the applicant shall submit a revised landscape and irrigation plan meeting Ar.�icle 979 of the Huntington Beach Ordinance Code , and st;zh plan shall be approved prior to issuance of a certificate of occupancy. 5. All access rights along Beach Boulevard shall be dedicated to the City of Huntington Beach except at locations approved by the Board of Zoning Adjustments . 6. A post and chain arrangement shall be constructed along the entire south property line to provide a pedestrian and vehicular barrier. 7 . The applicant shall file a tentative parcel map which consolidates the six ( 6) subject lots into one parcel . Said parcel map shall be recorded with the County of Orange and a copy of the recorded map filed with the Department of Development Services prior to issuance of a certificate of occupancy for the lube pit stop business . AYES : Higgins , Winchell , Livengood , Porter, Erskine, Schumacher, Mirjahangir ZIOES None ABSENT: N_^ne ABSTAIN: None 1.1 the City Council takes appro-ial action on the proposal , the following additional tindi.ngs should be included for Conditional Excep- 1-,3.un No. 83-28 : ADDITIONAL FINDINGS : 1. Due to the fact that the subject property is a remnant lot with a substandard lot width, the strict application of the zoning ordinance . i . ` is found to deprive the subject property of privileges enjoyed by, other properties in the vicinity and under identical zone classifi- cation. '2. Because of the substandard lot width of the subject parcel, coupled with. .r the fact that it is adjacent to a flood control channel, . the granting of a conditional exception . will not constitute a dram of special privi lege inconsistent upon other properties in the vicinity and under ti�. 'rage SU•."n1�1Ca 'A. Za. E- Clc r,r : _ 1c:'s': _ . '. :1: � :'�:_ L1 :`'1 '' _` _ .S S`' ::. } �: - ent to the r-ea- F�;.''pt`:��- ?� ;�:_ 1_ n: _ C T%17 t ` {,n:. . . t:•.t,_ , pxi1 -_e7e in th... - t_..er-- w_ _ -ti•,D r,_: u•_ .. .';.. azts t!_ ' r ovided c_l onci that, s i:ie . s cl.^. ��T-U:1 FZ1i'!:`:' i .�_'1! t es3.gnated on %t1�' ciiJ;c3'�E'r;: :'.'.7:): _ :�' K. ! fi1.It `I :': :.'11';r•:ayIf r,�.C�t'-I: ti.- I de'vei omzen _ 3. The of' a c-,:) l.!i : n1:r_: ..� O-Z. I p r•:';it'Tvi! t lle erz Ui•m_nnt: of one o. rl.. _ t,° tt The g. anti Tic, c f t_he _^•'7nd, ' ,Z t b. tcr , uL- ht• t..C• !l:"n:!:! t} J. ., .l1w: same° :on C'Zc:ss1.'. 1_c::.•:.on . 1 :'r t � r`: e . a ��` ;' r'• -.I�: Z1:' GZ i'?"`t tale a . �'1£� .. drl 12). L:1_ :i.i:.. )ii_. c' •. .. 1•:_ r :1 L Li t.'- 1 �• General P-3, an :")•, t-be ;1 }' _ I Hurt ALTERNI: 1 WE S . . - _. The City ��:1:IrIC: 1 Tiii2}' �T..':'C'�+'�'[ r::t:' !' +• Lilt :. .:. L.i.':�ii • '_:.?'� :.cl�':lj.iti; C?:• llri CDIT'.�`ir.a t. cln t_37lrrec)f a .s C:1 �i:•i'C. _ '.lr: � n� •.r � '�;' t :.I .�•e � r.r' •w. �•� � Sit L. i; ti I' � 1• . M►t. c .i.E. 1dt :� by the I an.n n 5_;:0." a t .11.s t��?�•t=;!:,.Rc� � :: , . ��: . Ii�_�:._ T!'.. . 1 tz lSS` VjAj `T T' ,SSA V ll•z� 1 J III RDAD Q-!!�,Cz"c � Z7.4 Ln !55' t REQUEST FOR CITY COUNCIL ACTION Date No��r 9, 1993 ,. Submitted to: Honorable Mayor and City Council Submitted by: Charles W . Thompson , City Ad:ntnistra n AV Prepared by: James W. Palin, Director of Development Services Subject: USE PERMIT NO. 83-39/C.ONDITIONAL EXCEPTION 140. 83-28 (APPEAL) 6&��,Cb tA/ -�- e��_j �- d&_,o%,' 7V 4LI-5Z&r AD Statement of issue, Recommerdation, Analysis, Funding Source, Alternative Actions, Attachments: JV� STATEMENT OF ISSUE: Transmitted for your consideraKion is an appeal of the Planning Comini.-sion ' s "modification" of Use Perinit No . 83-39 and Conditional Exception No. 83-28 . These applications were originally approved by the Board of Zoning Adjust- ments and appealed by an adjacent property owner to the Planning Commission . It should be noted that the Planning Commission has not taken final action on these applications ; they were continued to the N, %rember 1.51 1983 meet- ing for revised findings and conditions on the "modified" plan , The arplicant is appealing -the modification imposed by the Planning Commission at the November 1 , 1983 meeting. RECOMMENDATION: The Department of Development Services recommends that the City Council. up- hold the Board of Zoning Adjustments ' original approval of Use Permit No. 83-39 and Conditional Excaption No . 83-28 with the conditions and re- visions as outlined in the attached staff report. ANALYSIS : 7 Applicant: John Kavanagh and Mike Whitney 5919 Van Nuys Boulevard Van Nuys, CA 91401 Appellant: Same i Location: Subject prcperty is located on the west side of Beach Boulevard immedi-- ately south of the Orange County ' Flood Control channel Use Permit Request: To permit the construction of a 980 square Poor "lube pit stop" building) and a 705 square foot auto serr{ce building. Conditional To permit a reduction in drivewL width Exception Request: from 20 feet to 16 feet and to permit a zero rear yard setback19 Mo 4AI. UP 33-39/CE 83j28, A EAL November 1 , 1993 Page Five 2 . The granting of the use permit will not adversely effect the Master Plan of the City of Huntington Beach. CONDITIONS OF' APPROVAL: 1 . Special consideration for the screening of the residential property to the rear of the subject site, shall be given . The wall shall be of maintenance free masonry and of a decorative design. 2. A .revised site plan which reflects additional landscaping and a re- design of the parking in front of the property. . shull be submitted to the Director of Development Services for review and approval prior to issuance of building permits . 3. The wall which is constructed on the north side of she property for the tube pit stop business , shalt be of maintenance free material and of a decorative design. 4 . All driveways along Reach Boulevard shall have a minimum vidth of 30 feet and constructed to the Y-type design. 5. Prior to issuance of building permits on the rear building, the applicants shall submit a revised landscape and irrigation plan meet- ing Article 979 of the Huntington Beach Ordinance Code and shall be approved prior to issuance of a Certificate of Occuo�.ncy . 6. All access rights along Beach Boulevard shall be dedicated to the City of Huntington Beach except for locations approved by the board of Zon- ing Adjustments. 7 . A curb barrier shall be constructed along the entire south property line and shall be approved by the grading engineer prior to issuance of building permits on the rear building. 8 . The applicant shall file a tentative parcel map prior to issuance of bu.ilding permits on the rear building which consolidate the 6 sub- ject lots into one parcel . Said parcel nap shall be recorded with the County of Orange and filed with the Department of Development Services prior to issuance of a Certificate of Occupancy for either the lube and tune business or the auto service business. ATTACHMENTS : le Area Map 2+ ,Le---ter of appeal , dated October 13, 1983 3 . Minutes of the Board of Zoning Adjustments meeting , October 5 , 1983 4 * - Site Plan 5. ' Proposed site plan Rl 15:, c 4. i Rl , RI I R2 �c 1 Rl t Rl 1`I J Rl - // jI Fh RI RI I RI RI R: +RI RIH RI / I czi CGRI 141 RI/ -�RI RS r cc R; R� J _ Fil �Ilt I%; . � =�'� `'� C 2 T i� C 4 � R, R, RRI I ! i Rl FRt=1 Rl� .t1 7 i r 'ate R2 siYi� rig R3 flt[ C`? 'RI _t •tl l RI j Rt �I��RI ik. RI ' 1 Pi ►. R 1 Flf Rl CF-E �� . •� ; L4 C4 RI R R2 i i ; R', t'} '- =--y- AVE WARNER �4 _ .'1lArl1yC1GN MACH HUNTINGTON REACH PLAN14104G DIVISION . ,,�. C-IA A .,� �.. inn ► J s a �}C�T 1 ,; 1993 r cL Ce3 0.%QO u- I 97 tt�cam' ` �V !/1� C'42-0-uk Qoo� ug f) ` S%A- L4 iavAJ� V 4ki v e- T -s Q�E,� 06-A- z 5- OL cw A � dif aw "fir '� ro � I 0 Sit l/ej abj Ol- C44 E c�C-� � S I :.:, U� tam e- �. t- ��Jx a'�� d 1-� 0 W 4 I I 1 t tJ F C [a- P, 00- 6UR 4-lz AL J E0, -o CJ V\-CALU 4 Sk, oli Al IL W �tv @.Ct� Z� --0 -�-t'y�-� a uJ � td U -a J ckt (� c vt.w••�- r cif J -ovLOLClY al.AAj coo k..�w to (zo J , au �.. o V C-1 t V kQ� 3 C)V�, 1✓~1,..._.L1CVO. a9.3 C-D a, V- a(3,- 4c5 Qul� 46 Ao— Q-ci I Q.) C2� - e. cam. °l 5AD A G—Z NiC 7ASq 1 7 .� Minutes . M .B-. Boa oof Zoning Adjustments October r 1983 Page Two ram. AMENDMFNT AND RECONSIDERATION OF CONDITIONAL EXCEPTION NO. 83-28 (In conjunction with Use Permit No. 83-39) Applicants: John Kavana2 h and Mike Whitney C.E. Request To permit reduction in driveway width (previously approved) and to permit a zero yard setback on rear property line . U. P . Request - To permit the construction of a 980 sq. ft. building (previously approved) and to permit an additional 705 sq. ft . building . ,c Subject property is located at 16800 Beach Boulevard (south of flood channel) . Acting Chairman Evans introduced both proposals . Secretary Godfrey reiterated that both applications were originally approved by the Board of Zoning Adjustments on August 3 , 1983. The applicants original plans consisted of two (2) buildings shown on the site . The Board originally approved the building at the front only. After the building permit was issued , it was discovered that the building was not in conformance with front setback requirements . In an attempt to resolve the setback encroachment on Beach Boulevard , the applicants and staff agreed to bring this particular development back to the Board with a request for an additional structure. The Use permit originally approved the auto lube building . The building plans were inadvertently approved with a thirty (30) foot set back . The applicants, in concert with the City , agreed to move his structure back to the fifty ( 50) ft. Front setback. The applicant is now asking the Board for consideration to permit an additional auto service re- pair building consisting of 705 sq . ft. to be located at the rear of the property. The revised site plan was reviewed by the Board Members comparing the proposed turning radius with original approval of same, use of a two (2) way traffic aisle for backing in and out, or the auto P,?rvice now proposed at the rear of Ithe property , the lots awk- ward configuration , customer and Employee parking , necessity of grading plan, etc. The public hearing was re-opened by Acting Chairman Evans. 'Mr. Whitney and Mr . Kavanagh were present t:.j speak in favor of their proposal . The Board was informed that on the south property line, there is a small retaining wall with an elevation of approximately one and one-half (1h) ft, varying in height down to six (6) inches due to' grading , with proper drainage to the front of the property ipproved by Public Works Department. The adjacent property has ..2- BZA 10/05/83 _ I Minutes : fi .B, ©oar of Zoning 11d.justmenta October 5 , 1983 Page 'Three bumpers preventing circulation from one property to the other . It was stated by Mr. Whitney that the site is in no violation and , al- though it ' s a tight site to work with, it is the decision of the investors to proceed with the proposed project. Mr. Erden Denktas , owner of Tosh 's Bar-B-Q Restaurant , located on the south side of the property , addressed the Board . fie stated that after reviewing the proposed project, he has the following objections: 1. lie feels the proposed project will create an on-site traffic hazard due to the proposed interior circulation. 2. Per Section 97�1 .12. 1 -- offstreet Parking and i..andsca,r. ing , under Item "L" for service stations ( full service/automotive repair garages, for the sire of the buildings five parking spaces would be required for each individual business . The revised plan for approval only shows three parking spaces with one for handicapped. fie felt that as a shortage of parking on the proposed site will exist, with a flood district waterway on the other side bf the proposed site , people will be using his property for a parking lot . 3 . The proposal will add to the traffic problems which presently exist in this particular location on Beach Boulevard . 4 . That landscaping does not meet the Code requirements . 5 . The applicants plan is in violation of S . 9791 . 0 . 11 requiring a that parking spaces adjacent: to a wall more than twelve inches in height shall have an additional three feet of width . Mr . Denktas felt that at the busy hours of the day with cars trying to Sat in and out of the lube and auto service , with cars backing up for quite a distance on Beach Boulevard, access to his restaurant will become limite-d . fie strongly urged careful consideration by the Board and stated that if the application were approved , he would appeal. Mr . Tosh addressed the Board. fie stated that prior to grading, there was an eighteen (18) inch elevation differential between properties . Now that the subject property is being graded higher, what: was considered to be a small wall between the two (2) prop- erties will no longer exist. Mr. Kavanagh addressed the Board . lie felt that as they have a com- mercial lot, with a thirty ( 30) ft. wide commercial driveway, located on an arterial highway, he felt he had no way of telling whether or not their business would effect Mr. Tosh ' s restaurant. Fie said • he felt it just as likely that Mr. Tosh ' s business would effect: their � ' . 46t6motive business and felt this should not be an issue. Upon corn -3- BZA 10/05/83 w Minutes : fi .a. Boa of Zoning Adjustments October 5 , 1983 Page rou r �..� pletion of the grading, there will be a .-ix (6 ) inch difference be- tween properties . fie stated that they mr_et the parking and land- scaping requirements of the Code. Ile asked that the Board condition- ally approve the projects ; that a delay would create an undue h•,Ardship. The public hearing was closed by ActiAg Chairman Evans. Board discussion ensued . It was stated that for 1 , 685 sq. ft. of building sn1ce , three parkin-.; spaces were provided on the applicants plan . As there is Narking available For. four (4) cars in the 'lube bays and two (2) parking spaces within the automotive service building, t parking was felt to be adequate on--site. Acting Chairman Evans stated his rationale for original approval of the project. Fie felt it was a difficult lot (narrow in width) , that the sixteen and one-half (16 ) ft . driveway between the property line and the building was acceptable as traffic would be one--way only going behind the building and exiting out through the lube pit stop. Now we are adding a small auto service area . All over town, he 'stated he see ' s these little auto service areas with all kinds of conditions e•9• parking out in front or wedged in some way an the property, Ile felt there was a possibility of the whole back area becoming plugged up with cars parked in every direction on the site waiting for service . He felt that by adding the auto service building would be asking for problems ; that the site was not large enough to accommodate the auto repair service. Board Member Smith felt that a condition .:.hould be imposed for a curb barrier between properties with the intent to stop circulation of traffic from one property to the other . findings and conditions for approval were discussed. - On motion by Smith and Second by Godfrey, Conditional. Exception No. 83-28 was granted with findings, conditions of approval and vote following: CONDITICNAL EXCEPTION NO . 83-28 FINDINGS: 1 . Due to the fact that the subject property is a remnant lot with a substandard lot width, the strict application of the zoning ordinance is found to deprive the subject property of rsi,vilega� enjoyed by other properties in the vicinity and under identical zone classification . + Because. of. the substandard lot width of the subject parcel, coupled• with the fact that .it is adjacent, to a flood control ,r to R,r -4- - BZA 10/05 83 Minutes : Boaeof 'Lonin9 'Ad just-mo.nts October 5 , 1963 Page Five i channel , the granting of a conditional excepL•ion will not con- stitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classi-- fication. The location of ::; building adjacent to the rear property line will not constitute a grant of special privilege in that there will be a wall c.onstructod and no openings pro- vided along that side. Tn addition , there is an open space Area designated on the adjacent property Planned Residential bevelopment. 3 . That: the granting of a conditional excepti-t, is necessary to preserve the enjoyment of one or more substan =ial property rights. 4 . The granting of a conditional e;:ception will. not be materially detrimental to the public welfare nor injurious to property in the same zone classification. 5 . The granting of a conditional exception will not adversely affect the Master Plan of the City of Huntington Beach . 5 . Due to t the fact that there were over sights during plan approval for permit issuance that could have became a liability Lo the City, the applicant/City have resolved the issues through a negotitited compromise to solve the problems and allow for an amendment to/and reconsideration of, the original application approval . AYES : Godfrey, Smith, Poe NOES : Eva:is ABSTAIN: None ABSENT: Vogelsang ON MOTION BY SMITH AND SECOND BY CODFREY , USE PEPM111' NO. 83--39 WAS GRANTED WITH FINDINGS , CONDITIONS OF APPROVAL AND VOTE FOLLOWING: USE PERMIT NO. 83--39 FINDINGS : ` 1 . The granting of Use Permit No . 83-39 will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. b. Nor injurious to property and improvements in the vicinity of such use or building . r ! 4 , Z . The granting of the use permit will not adversely affect the ' Master Plan of the City of Huntington Beach. i ; CONDITIONS OF APPROVAL: Special consideration for the screening of the residential, " r' r�perty tj tip a rear of the subject site shall be gi ven. M , �5- 8ZA 10/05/83 N,inutes : H .B . Boa f• zoning-Ad;ustments October 51 1983 Page Six 2. All driveways along Beach Boulevard shall have a minimum width of thirty (30) feet and constructed to the "X" type design. 3. prior to issuance of building permits on the rear building, the applicant shall submit a revised landscape and irrigation plan meeting Article 979 of the Huntington Beach Ordinance Code which shall be approved prior to issuance of a Certificate of Occupancy . 4 . All access rights along Beach Boulevard shall be dedicated to the city of Huntington Beach except for the locations approved by the Board of Zoning Adjustments . 5. A curb baLrier shall be constructed along the entire south property line and shall be approved by tile. Grading Engineer prior to issuance of building permits on rear building. AYES : Godfrey , Smit:'i;, Poe NOES : Evans ABSTAIN : None ABSENT: Voge:.sang The appeal process was explained. CONDITIONAL EXCEPTION NO. 83-50 (In conjunction with Use P3rmit No. 83-54 ) t Applicant: Gerald Sy Golob, A . I .A. C .E . Request - To permit encroachment of five ( 5) ft . into the re- quired ten ( 10) ft. setback from residential and park- � ing space encroaching into tun (10 ) ft. required land- scape berm and two ( 2) spaces with manuvering area off site. U .P . Request - To permit a 2 , 850 sq. ft. retail building . Site location is 17021. and 17011 "A" Street (southwest corner of Warner) . Acting Chairman Evans introduced the proposals stating that the con- ditional exception is a Class . 5 and the use permit request is a Class. 3 , both Categorically Exempt under the California Environmental Quality Act, 1970. The public hearing was opened with no one present to speak in favor or opposition c the proposals. The public hearing was cloyed by Acting Chairman Evans. As the Board had concerns with the plans submitted , it was the con- sensus of the Board Members to continue the applications for one (1) t week, to the Board meeting of October 12, 1983 , to re-notify the applicant of necessary action on - his part justifying hardship and responding to concerns of the board . �6_ BZA 10/05/83 2- 0l203 Novd `� � LL p:Ir�rihcroK e4C0 CALIF. n r t ' 46vember 4, 1993 �� PN 77, 163 4r ' Ms. Alicia Wentworth City Clerk City of Huntington Beach .e: C.E. 83-28 and U.P. 83-39 Gear. �*.s- Wentworth: As the owner, of this property located at 16861 Beach Boulevard, said property affected by the C.E. and U.N. i eferenced above, i respectfully petition the City Council for an appea., hearing on the following grounds: 1. Ali.hough my project has sufficient parking, the Planning Commission found against BZA al,droval and held my project to be under-parked at its November 11 1983 meeting. 2. The project is now totally leased to tenants requiring minimum parking. ' 3. Additional information regarding employee parking, which was not available to me at the time of the Planning Commission meeting, further reduces any potential parking problem. 4. Action by the Planning Commission constitutes a Breach of Contract per my letter to the city dated September 24, 1983. Very truly yours, Y I / ofin L. Kavanagh r Kavanagh Construction, Inc. 3919 Van Nuys Boulevard Van Nuys, California 91401 , a K � a .: c • t S ys l a �'�'�1t 4'i+'� S W1H.4tr ;. •� r. �� �.� �. : '• r �f j � j 1 i � J i � � , ,� r�,� ►�.• .1 � ,, ;.t., , , off il ; Ii ' : , ! ' t ANIES i , i i i i t ( 5919 Vary Nuys Blvd., Van Nuys. CA 91401 (213) 78.1-1520 r 1 ifs'• _ r ►.�. .. .i. + I , it }- ; �.} , � � , j.• . • 4� � 4 f September 24, 1983 Mr. Charles 'Thompson City Administrator CITY OF HUM'INGTON BEACH 2000 Main St. .Huntington Beach, CA 92648 Deer htr. Thompson: Initially, please allow me to than}: you For your time on Friday the 23rd. Believe me when 1 say I know you are a busy man; and that I am very grateful for your concern and direct intervention into our problem, Secondly, I would like to recap our discussion. I believe, there is little or no disagreement that the Board of Zoning Adjustments ( BZA ) by it's own oversight has created this situation which has resulted in a Stop Notice being posted on my Project, and the City Tequesting that I not only stop work but also relocate the building 20' farther from the street, As I stated yesterday, I have in my possession plans approved by the KA, clearly showing only a 30' setback. I relied on these clans to mar detriment , and have been damaged as a result of a City mistake. Three Options were discussed. 1 Option One Ignore the Stop Notice since I believe it has been posted without cause. Option Two: At your suggestion, I am to move the building back an additional 201 ,at the city's expense, not to exceed $5100.00, with the City's approval � of the bill. The City may choose to defray some of the costs by performing Rr` parts 'of the Work itself. Y f � 1r � i• { � t � �•� I � i � 1 � , 5919 Van Nuys Blvd., Van Nuys, CA 91401 (213) 781.1520 _z- Option Three: I will move the building beck 261 , at in), expense, if the City will approve a variance for an encroachment into the 10' setback at the rear yard, and in conjunction with this approval, allow the construction of a second building of -800 sq. ft. at the rear of the property. This is the only acceptable Option to me. Therefore, as a showing of (>nod Faith, and under protest, I will begin moving the building back to SO' from the front property line on I nday the 26th, September, 1.983. Also on the 26th I will submit, directly to you, a plan showing the rear building and other site inq)roveinents. As you promised, you wiJI make every effort to allow the construction of the rear building. Finally, as T mentioned yesterday, this Project is sold to a Pension Fund. The only face-saving justification I can offer for the moving of the building and approximate one week time delay is the additional building. It is very important that I further this relationship with this valuable client. Thank you again for your efforts on our mutual behalf. Truly yours, "John Kavanagh Y y`K Publish 11-10-83 NOTICE OF PUBLIC: HEARING APPEAL TO PLANNING COMMISSION'S DENIAL OF CONDITIONAL EXCEPTION E3-28 & USE PERMIT 83-39 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach , in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Munday the 21st_ day of November I9u_. for the purpose of considering an appeal to the Planning Commission' s overruling of the Board of Zoning Adjustment 's approval of Use Permit No, 83-39 and Conditional Exception 83-28, which would permit an automotive service garage at zero rear yard setback and establishment of a "tube Pitstop" business. The subject property is located on the west side of Beach Boulevard, immediately adjacent to the Orange County Flood Control Channel in the C4 Highway Commercial District) . A legal description is on file in the Department of Development Services, Y. A 11 interested persons are invited to attend said hearing and express their *� opinions for or against said appeal Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 • (714) 536-5227 DATED 11/7/83 CITY OF HUNT I NGTON BEACH BY : Alicia M. Wentworth f ' City Clerk NOOE* To CLERK To SC111:1AILE PUBLIC IAR1NG ITEM ' T0: CITY CLERK'S OFFICE: DATE: FROM: PLEASE SCHEDULE A PUBLIC HEARING SING THE Al"1'ACHED LEGAL NVrICE FOR THE .t DAY OF �' 197 AP's are attached AP 's will follow No AP ' s Initiated by: Planning Commission Planning Department A Petition * Appeal Other Adoption nf Environmental Status (x) 1 YES Refer to Planning Department - Extension # for additional information . x , if meal , please transmit exact wording to be required in the legal . -z k ' .'t ,��1 lj,;, ' �+� I��■irk ^T�...a. . Z142--191-01 W 11. ' 'Cal 1 331 Undb Avwm Haltoao C&ILf 92661 . 142:.191••08 tt�'�1 BaAq/Kaet lYatx6i«SLd 'tl+�l01 IA�i Blvd NObld P Jam °' gaLrr� C43 4 f Paul Jmm Malty 0$4 17931 Basch Blvd , Hm*Araton Huh. Calif 92647 44 O'7r`+10a•58 142-191-27 !rUW E. D OnkbU r A S 6811 Soenic Aay Lane Basch, Calf thinvt�on P�eact�, Chlii 92647 92648 `.107-100-70 142-161-06 R Stewart Yarq Cvn P.O. Boot 248 12171 L ya River Avenue ' fta` • Calif Famtai.n Valley, C81if ' 96249 97708 14?.-481-1I 880gity Iiadf is am* Red lobster Inme cE America tIasi Busk 6770 Zalae EUenar Drive ' O io, Florida P.O: 32809 RM 60802 Tam Anmx 1 809 Los' Angeles, Calif h 142-481-12 2914 Kate Calif AVB T7!203 1 1 � gZ�65' e• l prgp sty Flow omtrnl tcmrtfwftc welcttiel LtdaCrift JL6!9l1 A 5trml, P.O. hoc 1478 Glif ; Smote. Ate, Calif i 9 l7 92W2 W-76 ' 1 93��14�5►7 1 :M aiarCmt of Calif Iir UhiVeraal Savings 4k� FAA ench, Coif ; Q/0 1'"I thine 8855 E. Valley Blvd. ` Tl. ; . +CaliIF ' 91770 C�Lif t , tA o QWitj tj LEGAL NOTICE •co t 111 1 1' NOTICE OF PUBLIC HEARING `USE PERMIT NO. 83-3 9/CONDITIONAL EXCEPTION NO. 8 3-28 ' - APPEAL NOTICE IS HEREBY GIVEN that a public hearing will be held try the City Planning Commission or the City of Huntington Beach, ' California, for the purpose of considering Use Permit No. 83--39 , and Conditional Exception No . 83-28 (2W &) of the Board of Zoning Adjustments approval of an automotive service garage at zero rear yard setback and establishment of a "tube P.itstop" business. The subject property is located on the west side of Beach Boulevard, inunediately adjacent to the Orange County Flood Control Channel in the C4 Wighway Commercial District) . A legal description is on file in the Department of development Services. Said hearing will be held at the hour of 7, 00 P .M . , on x... ' 'November2l , 1983 , in the Council Chambers Building of the 'Civic Center, 2000 Main Street, Huntington Beach , California . All interested persons are invited to attend said he ring and express , their 'opinions for or against the proposed 2-&;4_- t lie 0-1 r . `�gttdz or. - �'%Tr Further information inay be obtained from :he City Planning Department. Telephone No . (714) 536-5271 ±tM,nY pA'CED this anti day of Vel� � 1983 «w _ r - CITY PLANNING COMMISSION �w James W. Palin ` By Secretary .., __.."�..._,..... . ]!N•���y,lix YI,I..�w.{ Ii. 3 t _ _ _- 1..1., If .11� J f �, 1 Publish G� /J NOTICE OF PUBLIC HEARING -- Appeal to Planning Commissions Denial of Conditional Exception 83-28 NOTICE IS HEREBY GIVEN that a public hearing ill b��eld by the City Council of the City of Huntington Beach , in the Council Chamber of -the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Monday the 21sL day of November , 1983 , for the purpose of considering Uee-P-emit-�. bn A4r ale Js Can appeal of the Planning Comm_ssion' s overruling of the Board of � =ate ��rr=•, / /�. _.S �J•'f <<J..rI. r:�.�+af �+LQe-w- + T3• 3.� VJ� �^ m 1 Zoning Adjustments approval of� an automotive service garage at zero rear yard setback and establishment of a "tube Pitstop" business. the subject property is located on the Nest side of Beach Boulevard, immediately adjacent to the Orange County Flood Control Channel in the C4 (Highway Commercial District). A legal description is on file in the Department of Development Services. ;{z All interested persons are invited to attend said hearing and express their opinions for or against said appeal Further information may be obtained from the Office of the City Clerk, 2000 Main 5trtet, Huntington Beach, California. 92648 - (714) 536-5227 WTEO 11-7-83 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth ,",�' City Clerk 1` 0 i, ti � i'r' ` CIF H U ITINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK November 23, 1983 John Kavanagh Mike Whitney 5919 Van Nuys Blvd, Van Nuys, CA 91401 The City Council of the City of Huntington Beach, at its regular meeting held Monday, November 219 1983, due to the lateness of the hour, continued the public hearing on your appeal relative to Use Permit No. 83-39 and Conditional Ex- ception No. 83.28 to December 5 , 1983. If you have any questions , please contact this office. Alicia M. Wentworth City Clerk AMW:cb enc. P yW C?C7 APM1E5 59 W Von Nuys Blvd., Von Nuys, CA 91401 (213) 781.1520 r November 17, 1983 " 1 D Honorable Mayor and City Council City of Huntington Beach Huntington Beach, California Jr . Gentlemen; By now you are aware of a problem with a small site on Beach Blvd. , adjacent to Tosh' s B B Q Beef Restaurant. , Since you are the forum of last resort, I would like to take a moment to bring you up to date. My Partner and 1 purchased the property at 16651 Beach Blvd': in March of 1983. Upon the opening of Escrow, we began a series of hearings with the BZA to coven the project with a 211 building to land ratio, which consisted of one auto service drive-thru building of 1100 sq, ft. and a rear building of 1500 sq. ft. After many revised site plans, one was finally approved with a 30' setback off Beach Blvd. A situation I accepted, since the major objection against two buildings was frnm Les Evans because of internal traffic flow, and 1 was confident that after the front building was up and operating we could then appeal to the BZA to reconsider the rear building when actual , rather than hypothetical , traffic data was available. It is appropriate to mention here that evidently the objection of Mr. Evans was not founded in his concern for traffic Flow. I direct your attention to the Minutes of the Planning Commission Meeting of November t ` 19 .1983, where Mr. Evans states : "Didn' t have anything to do with tr-iffic." Rather, he objected because of some personal subjective problem to the Project concept. After we were one week into our Construction schedule, and had incurred significant expense 'in excavation and steel placement, ,Mr. Erdem Denktas (owner of Tosh' s 8 6 Q Beef Restaurant) called the City and complained about the building being only 30' setback. F' WNWANIES ; ' ; ' ` : l : ± , 5919 Van Nuys Blvd.,Van Nuys, CA 91401 (213) 781.1520 �•+A f' fit . j + . 11 i ++ � � � + , t . 3 �Y ill + . : Et i • + rtl � . � il . it � f � � ff ' • Mr., Lipp came to the site, inspected our plans , and explained to Mr. kn'ktas that we had approval for our building as is. Not satisfied that we were exercising our right to develop our property according to approved plans , Mr. Denktas went to persons of authority within the City; which 'resulted in a Stop Notice being placed on the project. On Friday, September 23, 1983. I ,went to City Nall . First: I met with Mr. Lipp who told me quite candidly he could not make any decision other than to maintain the status quo, which netted my project stopped, So ' next was Mr. Godfrey, who had basically the same story accept for a new twist. Mr. Godfrey informed me that the 8ZA had approved the. ' setback of 30' in error; a situation I found rather suspicious since, according to definition, one of the primary responsibilities of the BZA is to approve setbacks. However, being a patient listener, I took it all in and proceeded to Mr. Palin. Another interesting fact now comes to lite. All BZA meetings are taped, I requested to hear the tape wherein 1 alleged the actual conversation regarding the 30' setback with offsetting landscaping requirements was discussed. Unfortunatily, for me, the tape had been destroyed. So, on to the City Administrator. By the way, in addition to having an approved plan showing a 30' setback , I also have an earlier approval letter for both the front and rear buildings . I will explain either at Council meeting or personally. Rather than recap that entire laborious meeting with the City Administrator, I request your attention be directed to ray letter of September 24, 1983. Per the terms of the letter, we again went before the BZA and received approval for both buildings. Mr. Denktas then appealed to the Planning Commissioner. In a matter of thirty minutes, Planning Commission over- ruled months of staff review and requested that I modify the site for one building. Not for any of the reasons Mr. Denktas had used on his basis { for appeal , but because they felt the site was uncle rparked. } In summary, I ask you where did I go wrong? I have in my possession: ! 1. A letter approving both buildings 2. A plan approving the 30' setback , 3. A re-approval of two buildings 4. A re-approval of one building �` COMPAIVI i ; 5919 Van Nuys Blvd..Van Nuys, CA 91401 (213) 781.1520 I all it 1 Ladies and Gentlemen, x relied on your bonafied and official approval to . finance and sell my project. I am now short one building, embarrassed before my Buyer, and confused about the ultimate outcolTle. I implore you to carefully consider all the facts before making your final decision. Very truly, t•; 1 � • John Kavanagh ichael S. Whitney JK/wt 1� 1;� :y 7hls is the dis wsion just Sceding the rMtlon. Folger : Proper form would be to sustain the Appeal , which would deny the E ' and then it would go .back to the BZA for them to, re-look the situation over . Opened public hearing . ~ After public hearing, discussion : " Liv_engood Question on procedure. We can uphold the BZA. What would be our other Alternatives? Porter: Mr . Folger is going to be responsible for us to deny , modify , r or uphold the appeal . Livengood: We have three options -- modify it, uphold, or deny. Is that correct? Folger: Yes . SChumacher : Question: at meeting of October 5 1 sec where you, Mr. Evans , cast a "no" vote as our traffic engineer. Do you recall your reasons? . Evans: Didn ' t have anything to do with traffic . I just felt that the way they had described the use of the site with the building in the rear to be used as auto service bay that the site was too crowded . Pother: What is your pleasure? Livengood : Concern I have is that I do not care what you say, with the use t is being put in there you are going to end up with Z parkinq J spaces. Makes no sense to me. You have no control over what that buiadinq in the rear can be used for in the future and what the need for parking will j be. It just doesn ' t make much sense to me. I know that corcer and there is tzemendous parking problem in that area now, and to allow a commercail unit t go in with 7 open parking spaces just doesn ' t make sense . Porgy Is yourpleasure that we do not object to the single use on the property and that we would find that acceptable with the correct setback and further that the C . E. would then only apply to the drive- way width and the rest of the code requirements would have to be met on the s I ,would presume that that would require dirt ction to prepare an amended plot plan as well. Liven ood : Question : With this procedure the property owner in the rear was notified that is adjar-ent? The PRD? Godfrey: Yes, they were. The homeowners association . Winchell . WEre the conditions of approval on both of these done by the A7A .r essentially both the same? Excepting for the fact that one made? reference . torite building, was ' everything else the same , like the wall CocUrSy : That is before you this evenincy? y. BARDADJUSTMEnTS 101 CITY OF HUNTINGTON 9EACH•CAIIFOR' NIA .., P.o, Box 190�91"# fFiONE t�I�) 536•5211 USE PEHMIT 'N0. 83-39 (In conj with ,CONDITIONAL EXCEPTION NO. 83-28) , Applicant: John Kavanagh & Mike Whitney 5919 Van Nuys Boulevard Van Nuys, CA 91401 Request: To permit a 1 , 809 square foot addition to building. Location: 16800 Beach Boulevard Date of Approval: August 3 , 1983 F,INDINGS-: 1 . The granting of Use Permit No . 83--39 will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. b. 'or injurious to property and improvements in the vicinity of such use or building. 2 . The granting of the use permit will not adversely affect the master plan of the City of Huntington Beach. -CONDITIONS 'OF APPROVAL i Thn revised site plan received August 3, 1983 , shall be the approved layout, subject to the following: 1 . :Ydri-vcweet along Beach Boulevard shall have a minimum width of thirty '(30) ft. and shal1 be of radius type construction meeting Public Works Standards . 2 . Prior to issuance of building permits the applicant shall. submit a Undscape and irrigation plan which shall be approved prior to issuance of a certifica�e of occupancy. A. Special consideration for screening to the residential property 'to the rear of the subject site shall be given. L S. EWER lSES, INC. * : FRANCHISORS OF stot' V+w Nauembm 3, - o: TO: ALL Lu6E pirsrop EMPLOYEES is . FROM: Date Jennknga bpeutio► A MemageA E _ SUBJEdr: , m , - S GenVemen, a4 you aGe know, w¢. w�awt aUA 6hop4 #o appeaA etean, r, neck, ;.and easy .to en.teh and exit. Om cue.tomeA4 come ,to uA becaUae' p� Conu¢.rbC 0e. We do n6 t want am d hop4 .to Cook coogea:ted 'o�t c awed. AU em Coyee veiu.cC cute. to be parked v66 4ite. r .a we app"aa to your eoopeuWon. Y -Thank you. Date A; IqO *4C =A TO -k&l let st r a at 7Z ZA , 7r � q74-Q - n A .200.267 6871 _Rio YiSta Drive - Huntir ton Beach, CA 92647 May 13. 1984 The Honorable Jack Kelly, Mayor and Huntington Beach Gity Council Members came 204G .Main Streit 1% Huntington Beach) California 926W Dear Mayor Kelly and Council Members In arily six days a group .,of concerned re sidente has collected over. 2,027 signatures from other ooncerned people in the Huntington Beach area. most .of the aignatures are from city residents, many are from pant and library users . These ., signatures represent only a sampling .of the aar�y who oppose the establishment of a 24-hour business on the peremitar of Central Park. Your constituencyy is ,opposed to the proposed zonixg change that. Conditional Use permit 84-1 would allow, please let our voices be heard and vote to deny the appeal. Thank you. f PRESERVE CUR PARK ORGANIZERS Allen Af?A4 I - Gar` S. Allen Dr. R. i chi► Gordon L nda G. Gordon 7 ddi,,AtlaMic� Richfield Co. Inclo sure e ' r 1 PRESERVE (111P PAP,r I ' , Wag the undersigjad citizens , OPPOSE the conversion of the ARCO ass station . at 17502 Gol•detwest into a 24 HOUR AM/PM MINI-MARKET . We also OPPOSE the issuance of a license by the Alcoholic Beverage Control Department to permit sales of beer and wine at that location . We SUPPORT the PRESERVATION OF OUR CENTRAL PARK as a place , of passive , natural beauty . WE,DO NOT, .WANT_ ADMIONAL COMMERCIAL DEVELOPMENT IN THAT AREA [ YAME PRINTEDY SIGNATURE ADDRESS 7771 1 •Harry 2 . Ala rZ Do wdle- IhI4 d-wl ooV. 3. a _wdmw Ama_ : 4 d�E 7r_ 7ANl� -� 5 . J W , (Zl GC "V&j %.0"o"t W. 1? 7 Fd2 0110-11•v 4 -C ZIA 6 9-4-;- 177 r . 9 � � - e 'Ko u Iv-;orrez 1 C. in r 15. y AVL, A Data -� Page No ...,M-L. . ir d` k, Mar !', 8 ; 1984 To then It May Concern, 7t_.is my understanding that Jim Anderson , ,owner of the Arco Service Station, Golden West and Slater worts to add a 'mi.ni-mart at that location. As nearby .resident and policeman for the ' City of Huntington Beach*:I have no 'objections . I .have known Jim since he has owned the .station and I:'-have found him to be a .upstanding and fair business owner/operator . I believe that since Jim will be running the operation that there will be a minimum of difficulties and it will be a benefit to the neighborhood. i Bill Martin 17461 Grass Circle Huntington Beach, Cal , 4-ie-ea To Whom It May Concerns In rebuttal to the opposition of Jim Anderoon ' s ARCO Goldsnwest Service stations need to add a convenience store . I have been a resident of the "Franciscan Fountain " tract since 1968. And I vivdly recall years ago, the strong opposition that ensued when the residents of this area heard that an ARCO eta- tion was to be built on the corner of Goldenwest and Slater . Strangely , I do not recall these same dissenting residents com- plaing at the time of the "gas crunch " , since it was convenient to have a gas station on our corner. We knew we could be among the first in line . Some even enjoyed the luxury of filling their tanks while dressed in pajamas and nightgowns , a real convenience for them. Now, this opposition to a "Convenience" store seems to me that we have been through this before ; Let us give it a chance . We may find this store to be in the right location , at the right time of the day or night when we need it the most ; I have known Jim Anderson since the first day ' he operated this station . He and his staff have dealt with integrity and tried to maintain the appearance of the facility in keeping the best interest of the community in mind . Based on the years Mr . Anderson has performed in this exemplary mannor , there is no reason or j evidence that he will not continue this same attitude when oper- ating a convenience store on the premises . i iJardines rel , e " Sutis Dr. Huntington Heach,Ca . 0 +dj:�6 r17 �1 PETITION • PROPOSED AM/PM MINI MARKET: 17502 GOLDENWEST/SLATER HUNTINGTON BEACH, CA I SUPPORT ARCO' S PLAN TO CONVERT THE SERVICE STATION AT GOLDENWEST 4 SLATER TO AN AM/PM MINI MARKET SELLING CONVENIENCE FOOD ITEMS AND BEER $ WINE IN ACCORDANCE WITH THE REGULATIONS OF THE ALCOHOLIC . BBVERAGE CONTROL BOARD. ,E R S AND NO VIDEO GAMS OR 0 I ,,UND R �' $ THER AMUSP.XENT MACHINES 1VILL BE PBRXITTED. SIGNATURE ADDRESS DATE • Pot 1pfa�� j 1 -71 py la S 1 D is ~ ~ ✓ rj IF 411111 kA 1AIJAA I v/� Fo Jr F LA Zo ., opt r� M Mw Of1103 OF C. SAMUEL BLICK A PNOPIU*NAI CCAPON hON ' P. 0. pox 002S FAIRDAWLI MACH PLAZA. Wirt J US AWAL[1%121"MY-sr% OVAow PANCHO SANTA PE. CALIPORNIA 92007 ''f11VE�i aear.ro [Kay 1 / 1984 ��''• Mayor Jack Kelly 2000 Main Street P.O. Box 190 Huntington Beach , CA 92648 Dear Mayor Kelly % this firm represents the Atlantic Richfield Company and Jim Anderson, the dealer at a service station site oh- the corner of Golden west and Slater Streets . A Conditional Use Permit Application to convert the portion of the service station now used 4"dr automobile repairs to a convience food sales was submitted by Mr. Anderson and received a recommen= ton of approval from the Planning staff. When the matter was brought before the Planning Commission far consideration , Mr. Anderson did not realize it would, be necessary for him to do more than be prepared to answer questions regarding the. project since the Planning Departments recommendation of approval was so convincing. To the surprise of Mr. Anderson, as well ;os the Planning Department, four (4) citizens spoke in oppo- , sition, to his request. It seemed to impress the Planning Commissioners that no one was in attendance to support the conditional Use: permit. request whereas there were some there to protest. Perhaps on that basis, the four (4) commissioners in attendance voted to deny the Conditional Use Permit. Contiazy to the imprassion which may have been offered at the Planning Comisefon hearing , it great many people in the City of Huntington Beach support Mr. Anderson 's Conditional. Use Permit request and are convinced it will provide anecessary service . In_.an eftortc to evidlrnce community support, aim Anderson has secured over four hundred signatures of neighbors residing in the area of his property . The signatures attached to this letter represent citizens+ who reside within a radius of the site as indicated by the yellow circle on the attached map. These. signatures represent neighboring residents, many of who are customers of this ARCO Service Station. Mr. Anderson informs me that 'many. of his present customers support his Conditional Use Permit Application and that some will even ° testify at the forthcoming City Council hearing. II1M O"Ous co C. 3AMUIL. BLICK re.µ COSPO"►M please accept' thfs Petition of those in support of the Conditional use Permit Application number 84-1 , requesting A modificAtion of an existing service station to & convenience market which will appear on the City Council Agenda May 7, 1984 . Sincere aura, C. SAMUEL HLICK CaBslr cc$ City Clark VIr Hal Sii n6ns C. T. Fulkersori Larry Siskind . i �r111 Cl tD M I1 /AM11U l C14 ,Ilr aR1• W.{{an D. 1Ci� 1!� C.[L ��INI, �,pc I�p(�►w S 1 IT .. ... ... �„ ■rw fl� Inr tr/tl •pryll OrMAU r.� ••..� �,ur,F\ Rl n1Y�� . �s �i e�.Mrw i r r 1 C(No octal Jap \ . L «NNE,` `1 r•N• ..• •f\ • - , !l TO ! ' !7 • +rw� t E n` wNT 3 R \w 1 � •P � ■ r•ap■. � 1 • ICY � .N r t .1•....•I i nr/11 1••rr«.an\ AN �y I GEn sI tg� w • / �b to rr„•w yrI „ r,• . S "'� S!�1 y� �� •'1�l..sr i mu. r. \r. t • ,� 1' • , � � jai:, .. .rr � i' to All, 311 ��p� rl .•" �It 1� � d FII r ••. �■•`�• A �r ! S �.:. �.•1 •�1 1 �_ 1 ■ ■ • r 1 1 � , r 1f 1 1,rrw• iii y1 � t -~a .gte�.�1' •'rldi 1To 1.0 It ,. 2 rdAILPA I16AC ;C ''w•1 r ,t �f 'rjf■••`{ , :~ r I. •�•' • r �+ ' i G� 7JM . .4 S 1 • �e / rr�1! t� � `1 fir. �1�.� all • 'M ' / , .• w �.. ( Al • t ■ Avg Mr I r w..r■N •i ' � . 1 r.�ll• ..� -Y 7 E Sr \ •• �. + '�' a �Y� rr■■•N LY-. • 1 'y N1 + • rALI .IM r '��•�ell{{■■tr l•1« •• 1� ! • { 1� i f 1�■ Y. A� I ry 1 i R �. r ■ 1 M MMr Ou •, 7 4.f �... �w •r M .!,•rl • rlttla I ■ I � •, �!s ' � / ' ^ J r 1111111 'Ip 6 y Ir'� '1 :.M /. • '• 11/' TAL EMT ; 1 • pa.a • 1 �� ••. ral � � r 3 ''6. '�' � .wgall• •.., A raN . •�,• t'. ON i • It, r' 074 frIt ' • t�. 'pl w�.•1 Plook TOM •'w aI so ! ur'i111"1/ ~•` f.�•r -r■•r� 4 , N i• , • '1 i* 1 •r� Good To i ♦iwrtnrw + ,�a. it IT 1 11 ti •fN■//I IIN�-�{ ` w M � / �'1. � 1 i K r 111 n•- •11 11//t.�• `• •'f r♦! � I � r ! D 'w I�+r�` a art w 1 } •. ' >ww a& 1 DL w .15 Its onto • �r +• ! !-w ti PETITION It is my underetanding that the Atlantic Richfield Company has applied for a Conditional Use Permit to operate an as/pm mini i market at the southeast corner of Golden West a Slater in Huntington 1 Beach , California . The market vill also sell beer and wine and be open for business 24 hours . This petition may be used to support said appli4qnt ' s position before the City Council May 71 1984 . NAME ADDRESS M e.A/AV �.- rrro 11 C /t -Lori jL kA �t4 -cQA 'L RAGA0 A 22. z ._. Ae f-CPii ?7o%Jr-rn .,/ let � � • �, - f op LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS EREBIyl GIVEN that a public hearing will be held by the City '.Qa ism �n of the City of Huntington Beach, California, for the purpose of considerin Cond.i t ionat Use Permit No. 84 - l a request to modify an existing gasoline station to a convenience market selling gasoline , food and beverage items . The proposed project is located in the CZ (Community Busine--,s District) , on the southeast corner of Slater Avenue and Goldenwest Street . A legal description is on file in the Department of Development Services . 4 11 C J r G tid�hparing will 'be held at the hour of 7 .110 J ' 1 Q 2 A in the Council Chambers Building of the �:lvic Center, 2000 Main Street , Huntington Beach , California . ' All interested persons are invited to attend sand hearing and express their opinions for or against the proposed CUP 84 -1 Further information may be obtained from the City Planning bepirtment. Telephone No. (714) 536--5271 DATED this 901 day of February, 1984, CITY PLANNI iG comiwsrot: I By _ 'James W. ('.+lint Secretary �w� r—www� .r•1 ■�...r IY iw.r.-YIY-. a 1 i • ,r .00 LEGAL NOTICE • ' NO , ICE OF PUBLIC HEARING �pp4AI 70 i•y t•,,,r#d1~4r,%4 NOTICE IS HEREBY GWR?t*at a public earing will be held by the , City Planning Commission of the Cit of lluntington Beach , California , for the purpose of considering Conditional Use I'crmi to . S•I -f a . renueSt to modify an •existing gasoline station to a convenience market Selling gasoline , food and beverage items . The Proposed project is located in the C2 (Community Business ltistrict ) , on the southeast corner of Slater Avenue and Goldenwest Street . A legal description is on file in the Department of Development Services .ces .� SOA d1W%Jf$ 1` St-44-e+ II. Said hearing will bo held at the hour of P .M. on • ri2bru,� a ry22 , 084 , in the Council Chambers Building of the Civic Center , 2000 Main Street , Huntington Beach , California. All interested persons are invited to attend said hearing and express their opinions for or against the proposed CUE' 84 - 1 Further information may be obtained from the City Planning Dopartment. Telephones- No . (714) 536-5271 DATED this 9th day of February , 1984 . , , CITY PLANNING COMMISSION By James W. Palin, Secretary ZONING SERVICE COMPANY ' ZONING ANO CIEWLOPMENT CONSULTANTS MAILING STICKERS . .i • 1 205 SOUTH SWADINAY •SUITE 410 LOS ANGELM CALIFORNIA W012. (213)62"111 J . 1 • 165-264-29 165-204-30 165-204-31 Willie A.. Friend Lorin T . Maxwell Doo .Hwh Lee 17462 Matshie Cir. 17452. Mashie Cir. 5625 Cherry Ave. Huntington Bch. , CA 92647 Huntington Bch. , CA 92647 Long Bch, CA 90805 : :165.•204-32. 165-264-33 165-204-34 Robert, Maeda Delmore H . Wu Geoffrey E . Black 17461 Duell�+ Ln. 17471 Duello Ln. 3.7491 Duello Ln. Huntington Sch. , CA 92647 Huntington Bch. , CA 92647 Huntington Bch. , CA 92, 165-204-04 165-205-05 165-205-06 Timmy N. Osumi Marc A . Takacs Melvin F . Wampler Tr. 17462 Duello Ln . 17472 Duello Ln . 17552 Golden West St. , Huntington Bch. , CA 92647 Huntington Bch. , CA 92647 Huntington Bch. , CA 92( zoning Service Company 205 S . Broadway #416 .Las Angeles, CA 9QQ12 �I (3Q11rQ$j ' II .....a..., .. .......�.-..r.-.7 N..Nbr�('►.y�w...,. ...•r•r., ..-✓..w...- . .. .•M „�y,�aw rr.f•rr... i 1 ' I 111-010-54 ].11-010-55 111-010-69.., Melvin F . Wampler Atlantic Richfield Co. City of Huntington Beac: 17552 Golden West Property Tax Dept. P.O. Box 1901. Huntington Bch . , CA 92647 P,p. Box 2679 Term Annex j Huntington Bch. , CA 92� 9QQ51 165-�031-06 165--031-•07 165--031-08 Rudyy ; J. Taus Ralph P . Craft James Carlos 6921 Laos Am'_.,os Cir. 6941 Los Amigos Cir. 6951 Los Amigos Cir . Huntington Bch. , CA 92647 Huntington Bch . , CA 92647 Huntington Bch , , CA 92. .. j 165-03 �0 165�-031-•10 1165-031-11 1 9 � Alice M. Brady Philip E. Ridout Hans Lietx 6961 Los Amigos Cir. 6962 Los Amigos Cir . 6952 Los 'Amigos Cir. .Huntington Bch. , CA 92647 Huntington Bch. f CA 92647 ! Huntington Bch „ CA 92 i 165-031-12 165-031-•13 165-031--25 'Donald K. Garrick Marvin C. Greenwood ; Donald A. Wallace 6942 Los Amigov Cir. 6922 Los Amigos Cir . 1 6931 Via Angelina Dr. '. Huntington Bch. , CA 92647 Huntington Bch, , CA 92647 ! Huntington Bch . , CA 9Z . 165-031-2fi 165-031-27 ' 165-031-28 William L. Alverson Robert G . Jones Tr . I' Raymond C. Stoddard i 6941 ,Va Angelina 6961 Via Angelina 17582 E1 Xo i pal Cir. Huntington Bch , , CA 92647 Huntington Bch. , CA 92647 Huntington Bch. , CA 92� 165' 031-29 165-031-30 165-092-05 Dept. of Vets Affairs of Francisco A. Floriani Jackie D. ,George .State of CA 17602 E1 Nopal Cir . 17442 Whetmore Ln. 17.592 E1 Nopal Ln. Huntington Bch , , CA 92647 ! Huntington Bch. r CA 92, `ji4nt�ngtgn ach., QA 92647 t '165 ' 092-06 165-092;-07 ` 16549248 dscar L. Overturf Arthur M. Silverstein Robert J,., Stewart 17452' Whetmore Ln. 6962 Spickard Dr. ; 6942 Spickaird-. Dr. Hq'ntin'#on Bch, , CA 92647 Huntington Bch , { CA 92647 Huntington Bch, , CA 92, 165-204-•23 165-204-24 , 165-204--25 Howard M. Friedlander Bobby F . Starnes John B . Cowles Jr . ;.:17451 Mashie Cir. 17461 Mashie Cir. i 17471 Mashie Cir . �._nntington Bch. , CA 92647 Huntington Bch . , CA 92647 Huntington Bch. , CA 92, { ;A65--204-26 165-204-27 1 165-204"28 Walter S . Keech Herbert J. Lakin Richard D. . Mairtin ' 17491 Mashie Cir. 17492 Mashie Cir. 1 17472 Mashie Cir. Huntington Bch, , CA 92647 Huntington Bch, r CA 92647 Huntington Bch „ CA 92( 17,-4t0-54 111-�X0-55 111-.010-69. Mrlltin'',`F. wampleyr 4WP tlantic Richfield Co , City of Huntington Bcac 1755Z Galdenwost roperty Tax Dept, P. 0 . Box, I90 Huntington Bch. ,CA' 9 264 7 P . 0 , Box 2679 Term.Annx. Huntington Bch . , CA 926+ Los Angel.-qr,,, .CA 90051 165-'0'31- 06 _ 1'65-031-07 1b5-031-08' Rudy -J;, Taus Ralph P. Craft ` James Carlos , , 6921 - Los Amigos Cir. 6941 Los Amigos Cir. . 6951 Los Ami�g6s Cir . •Huntington Bch. 9CA 92647 Huntington Bch. ,CA 92647 Huntington Bch . , CA 926- 165=031- 09 165-031- 10 165-031=11 Alice M. ' Bra'dy Phila.p .E, Ridout i Hans Lietz 6961 Los .. Amigos Cir . 6962 Los Amigos Cir, 6952 Los Amigos Cir. Euntington och. , CA 92647 Huntington Bch. ,CA 92647 Huntington Bch . , CA 926,, j + 1b5-031-12 165-031- 13 165- 031- Z5 ,, Donald ' K,. Garrick Marvin C. Greenwood Donald A. Wallace ' .'6942 Los Amigos Cir. 6922 Los Amigos Cir. 6.931 Via Angelina" Dr. 'Huntingt'on ' Bch. , CA 92647 Huntington Bch. ,CA 92647 : Huntington Bch . ,CA 926 .', 16.5'=031-26 165-031 - 27 165-031-2B• William L. Alberson Robert G . Jones Tr . Raymond C. Stoddard 694,1 Via Angelina 6961 Via Angelina 175'82 E1 Nopal Cir. Huntington Bch. , CA 92647 Huntington Bch. , CA 92647 Huntington Bch . ,CA 926 r` 1.65=0'31-29 165-031- 30 ! 165-092- 05 ;Dept . pf Vet Affairs of Francisco A. Floriani Jackie n. .Geo,rge State of ,CA 17602 E1 Nopal Cir . 17.442 Whet re Ln . 1:7S92 E1 Nopa1 Ln . Huntington Bch. , CA 92647 Huntington Bch. ,CA 926 .! Huntington Bch. ,CA 92647 ;165 ';092;06 165-�092 -07 ' j' 165-092-08 , Oscar L. . Overturf Arthur M. Silverstein Robert. J . Stewart .17452 Whetmbre Ln. 6962 Spickar' d Dr. 0942 SpiClaTd' Dr . -Huntington Bch . ,CA 92647 Huntington BCIL. , CA 92647 (� Huntington Bch. ,CA 926 l 165 204 23 165- 204-24 # 165 204-25 Noward M. ;'rriedlander Bobby F . Starnes John' E. Cowles Jr. '1'7451 Mashie Cir. 17461 Mashie Cir . t 17471 Mash"ie Cir. Huntington Bch . ,CA 92647 Huntington Bch. , CA 92647 1 Huntington Bch. , CA 926 165-2'04- 26 165- 204-27 165-20.4 -28 Wilte�r.'`S. Keech Herbert .J. Lakin + Richard ' D . Martin '1-7491. Mashie Cir.. ' 17492 Mashie Cir . 17472 Mashie Cir. _ ` Wuntington. B'ch . ,CA 92647 Huntington Bch. , CA 92647 Huntington Bch. , CA 9b '' � ,•165- 204-Z9 165 . 204-30 165-204 -31 ' Ni'llis A. Friend 's' Lorin T. -Maxwell Doo Hwh ,Lee 1746a..Mashie Cis. 17452 Mashie; Cir . 5825 Cherry Ave. .'Huritngton Bth. ,CA 92647 Huntington Bch . ,CA 92647 Long .Beach, CA 9080S t15S-204 -32., 165-204 - 33 165-204- 34 -.R 'bert Maeda . 0Delmore 'H. ': Wu Geoffrey -E . Black 1-3461 Duello Ln. 17471 Duello Ln , 174.91 Due] to Ln. Huntington Bch . ,CA 92647 ' Huntington Bch . , CA 92647 � ; Huntington Bch. ,CA, 926•' i ; 165-204- 04 165- 205-05 { 165-205-06 f Timm N OS.um Marc A Takacs Melvin fi . , Wampler Tr Duello In. i 17472 Duello Ln . ti 17S52 Goldenwest St, 'Huntington Bch: ;CA 92647 Huntington Bch . ,CA 92647V� Huntington Bch . ,CA 926 ' zoning 'Serv'ice Company 20S 'S. Btoadway # 416 ► ; Los Angeles CA 90012 (3011- 09) i II` ;f t • • t A x �1 I I '1 KuOC1 Nopal Lane nzton Beach, Calif. 9264,P/ 15 May 1984 The Honorable �raok Kelley, Mayor cy of Huntington Beach 112, 2000.. Alain Street Huntington Beach, Ca,. 92648 Dear Mayor Kel2ny: Ref arence is made to this Atrl.antie Richfield Company's appew,WtU'ue flapping Commission's denial of Conditional Use Permit No. 84-1. J It In understood that the Mayor and at least one or more of the members of the City Council are desirous of additional information before a final vote an the reference conditional use permit. I arr, amaze that the staff reports for the Planning Commission and the City Council have been so deficient with respect to socio-economic environmental issues. I mention two major issues of deficiency. One issue is with respect to nc.ise asssociatod .with such a conditional use,. especially noise at night. This has reference to the actual site and ",party sites" in the. vicinity, such as sibstreets off Goldenwest, Slater, and parking areas off- Goldshwesto Slater and Gothard for Central Park. Boistrous behavior of gunning a motor vehicle radio at hi h volume and loud talk can awaken a 8 , person at a distance of 17,S0 feet, over one-5curth a mile. Interviews of residents withing such a distance of the Arco AM/PM hart at Heil aryl Goldenwest would provide more than adequate information concerning noise disturbance that could be expected in the Arco-area. Such lnfcrmation would lie in ofder, Another issue has reference to the economic impact of such an AH/PM minimart on depressing ,the property values of residences in at least the tolso lipact, area. Such an economic study should have been made in order to provide a 'reliable {ndication of the economic impact to be expected from an Arco-Slater 24 hour AM/PM mart. I am a rosident within less than 600 feet of the Arco-Slater station, that Is :rithin the socio-economic impact a=ea of the Arco--Slater proposed conditional use. It is respectfully requested that you and the meraberr of the City Council Consider the mentionad. issues. Furthermore, it is respectfully requested that you vote for denial of the reference conditional use permit. Thank you for your courtesies. Yours vary truly, Ethan D. Churchill w f4 Conditions of Approval , Use Permit No. 70 . 2b Applicant : Donald P . Jun^_5 - Atlnntic Itichfield (;HMO) I . Coldenwest Strect and Slater Avenue: shall I),! (lcdi''.ated and fully improved as required by the city at the time eac), r_ircel is dcve. lopell . Imp.•avement shall include street trees , street lights , fire hydrants , st:�ar and water main exten31ons . 2. water supply shall be through the pity of Huntington Beach ' s water system. S . Sewage disp^sal shall br through the City of Huntington Beach' ; sewage system. 4 . The water, sewer , and fire hydrant system shall he approved by the Department of Public Works and Fire Department . S. The property shall participate in the local drainage assessment dlStri�t. 6 . Soil reports as required by the Auilding Department and the Department of Public Works shall be submitted to the City prior to issuance of building permits . 7 . All utilities shall be installed underground . S . Fire alarm system conduit and appurtenances shall be installed by the developer at locations and to specifications provided by the Fire Department . 9. Off-street parking facilities shall conform to Article 911. 10. Parking compounds shall be screened with a combination of fencing and landscaping . Slid plan shell be approved by the Planning Department. 11 . Driveway widths and locations shall be as shown on a revised plot plan and to specifications of the Department of Public Works . . 12. No structures , other than those shown on the approved plot plan, shall be constructed within the project . 13. All applicable City Ordinances shall be complied with... 14. Service stations standards adopted by the Planning Commissinn on July 21 . 1970 , shall be complied with. . 15. No adjunct uses shall be allowed in conjunction with this ttse. 16. Ground identification signs shall be the only free-standing sign for subject use . 17. 1f the site layout is changed by the Design Review Board, said plan shall be referred back to the Board of toning Adjmstments for review . 14. On-site landscaping shall be approved by tho park architect. t 19 , A Division .of Ll�n�! sppllcatirin, ±eparrrting trris parcel from the remaining prol+et-ty held under the sae;e• ownership , sl.r�l 1 ho f i le�l with the laity, approved and recorded . + i 4 4 . Prior to the recordation of Tract 12115 , the existing streets . . � within the development shell be corm-ted to City standards and approve,' by the Department of Public Works . 5 . A sewer , water and street maintenance agreement between Tracts 12115 and 9580 shall be recorded prior to or concurrently with r inal Map No . 1.2115 . 6 . The tentative tract map received and dated December 20 , i983 , shall be t'ie approved layoot . AYES : Witichell , Livengood , Porter , Erskine NOES : None ABSENT : Iliggir..s , Schumacher , Mirjahangit ABSTAIN: we,ric CONDITIONAL USE PERMIT NO . 84-1 Applicant : Atlantic Richfield Cr•.mpany A request to modify an existing service station to a convenience markit selling self--service gasbline , food and groceries located at the southeast corner of Slater Avenue and Goldenwest Street . Mike Adams stated that the modification should be sent to design review board which includes closing of existing luhe bays, striping for additional parking and r.ew .signing . The code also requires that a pass-through win9ow be provided ..o prevent waiting inside the store for gasoline purchases . The public hearing was op,!ned. Earl Keil, represLnting Atlantic Richfield , stated that he agreed with the conditions lists, in the staff report and requested approval r,f the project to operate 24 hours a day. Warren DeBates, Don and Janet G(-rrick , TUTU Albers and Bob Sands , all residents in the surrounding area , gave their reasons for their objection to the proposed plan . It was cited that there was another "AM/PM Market" at the corner of Heil and Gcld rawest , ozlly a .rile away, that it can become a "hang-out " , that there is a noise impact and that it could be injurious for children as an attractive nuisance and with more consumption of " junk food" . The applicant adde6 that he would comply with the conditions . The public hearing was closed . - Chairman Porter added the fact that he had received nuirerous; phone calla from residents protesting the proposed plan. ON MOTION BY ERSKINE AND SECOND BY LIVENGOOD CONDITIONAL USE PERMIT NO. 84-1 WAS DENIED WITH THE FOLLOWING FINDINGS , BY THE FOLLOWING VOTE : FINDINGS FOR DENIAL: 1. The Planning Commission determined that the proposed development will adversely affect surrounding properties . -E,- 2-22-84 - P .C. . r I�1 2 . Data in petitions received from surrounding nei4hbor. s revealed NM that other similar businesses , open 24 hours a day, are operating within a mile from the subject site and that• anot:he:r "AM/PM Mini-Market" is approximately a mile north of tha subject site . 3 . The proposed use is not it conformance with the City' s General Plan, inlcuding the goals and objectives for Central Park. i 4. The Planning Commission determined from public: testimony, that this situation would be an attractive nuisance: and possibly hazardous for children. AYES : Winched. , Livengood , Porter, Erskine NOES: None ABSENT: Higgins , Schumacher , Mirja;langir ABSTAIN: None USE PERMIT NO. 83-69/CONDITIONAL USE PERMIT NO. 84-3 , ppp i-=ant : Great Western Savings A conditional use permit request to allow a parking lot in an R3 zone and a use permit requeat to allow construction of an 11 , 500 s;iiare foot financial building in a C4 zone located at the northwest corner of Beach Boulevard and Stark :street . Mike Adams stated that the Fire � Department requested that a condition be added that a fire hydrant and water system be installed subject to their approval . r ; The Chairman recommended that the applicant file for a zone change to prevent the west extension of tlae property from being developed as a separate parcel His main c,)ncern was that the building could be sold somewhere down the line . The rublic hearing was opened . Jerry Welch, representing Great Western Savings , stated for the record that subject property was one parcel . He said the intention was to upgrade the building and , in the proce: •s , Beach Boulevard . Some discussion took place regarding the signing on the property . Alber ,. Dru��h , the architect, stated that the existing pole sign will appear smaller with an added story or. the building . The public hearing was closed . Discussion followed on t;lie subject of a zone charge . It was determined that this. could be filed by the applicant prior to issuance of a certificate of occupancy and that lot consolidation would be completed , i.f appropriate . ON MOTION BY LIVENG 1OD AND SECOND BY WINCHELL USE PERMIT NO. 03=69 .'SAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS , SY THE FOLLOWING .. VOTE t - - .F.INDINGS FOR APPROVAL: - - f 1 The proposed project is c.-impatible with the General plan -7- 2-22-84 P.C. Publish April 26�1984 NOTICE OF PUBLIC HEARING APPEAL TO PLANNING COMMISSION DENIAL OF CUP 84-1 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Munday the ,7 th day of May 1984 , for the purpose of considering an appeal to the denial by the Planning Commission of Conditional Use Permit No. 84-1 , a request tc modify an existing gasoline station . to a convenience market selling gasol;r.A, food and beverage items. The pi-opos,ed project is located in trn? CZ (Cormunity Business District) , on the southeast corner of. Slater Avenue and Goldenwest Street. (17502 Goldenwest Street) A legal description is on fila in the Department of Development Services . A,11 interested parsons are invited, ic attend said hearing and express their npinionc for' or against said appeal Fu'i=ther nforii4tion, may be obtained from t%e Office of the City Clerk, 1060 Mair Street, Huntington' 8each, California. 92646 -� (714) 536-5227 DATED , ri1 23� 1984 CITY OF HUNTINGTON BEACH- By: Alicia-M. Wentworth City Clerk f4l CITV OF Hl/It TINGU M bR "H INTER•JEPARTMENT COMMUNICATION "WV 1101d No" C rre4lyE0 nct0 I To Connie Brockway t%y&kc �+T' '� W. Pali;, nir Deputy City Clerk r�t� ;�, ment Services Subied APPEAL — CONDITIONAL USE Date 1964 PERMIT NO . 64 1 We have just received the attached letter from the legal counsel for ARCO, indicatir., that they are requesting that the hearing on their appeal be scheduled before the City Council on May 7 , 1984 . Please re- vise your Council schedule to reflect that request. Thank you. a , y , yl 1 ctyJ�l i •. . LAW 0-IIICF I '►►' C. SAMUEL sLICK A 1'0011310N4I (AIR KIRAIION r. a. nc 4 10215 FA1R50k%:K5 IiNNC►1 PLAZA. SUITE J LOS ANGCI!S 12131 5,411755 ORANCt IYI,11 W-0-1t 1 KANGHO SANTA FE. CALIFORNIA D200. AIVCRSIDE 0141 35.o-s-s5o 1sIo1 7se•svoa March 14 , 1984 Mr. Ilal Simmons Development Service Department P .O. Box 190 Huntington Beach, California 92648 Re : Conditional Use Permit Request--Goldenwest and Slater Streets Dear Mr . Simmons: This firm has been retained by the Atlantic Richfield Company to represent its interests in a Conditional Use Permit request for an AM/PM Mini Market at the corner of Goldenwest and Slater Streets . The CUP hearing before the Planning Commission resulted in a denial and an appeal was filed within the statutory period . This letter shall serve as a memorialization of our understand- ing that the appellate hearing before the City Council is set for May 7 1984 at the request of m office . Although this is not the Y � . 9 Y 9 earliest possible date, we would request a hearing at that time in order to allow my meeting with neighbors of the site who objected at the Planning Commission hearing. Thank you for your assistance in this matter, and I will look forward to meeting with you at your office tomorrow. Very t;ru y po rs ,� LSb/ea cc : Mr . Tr A. ^iskind Mr. Earl Keil FIL''VTINGtON BEACH . Atlantic Richfield DEVELOPMENT SERVICES NAR 16 i,... '► P.O. BOY. 190 Huntington'6eachF CA 92648 APPEAL FROM PLANNING COMMISSIO14 AMUI PN TO: City Councilmembers and City Clerk City of Huntington Beach RE : Condit:Lonal Use Permit No . 84--1 Honorable Members of the Huntinqton Beach City Council : The applicant , Atlantic Richfield Company , hereby appeals the action of disapproval by the Planning Commission taken on February 22 , 1984 , on the above conditional use perinit based on the following grounds : 1 . The proposed development will not adversely affect surrounding properties. Z . The data pxEsented in the petition is inaccurate 1 and otherwise not substantiated by the facts . Such data is irrelevant to the Commission ' s required findings. 3 . The proposed use is in substantial conformance with the City ' s General Plan and not inconsistent with the objectives for Central Park. The use is a legitimate legal use which shoule be permitted . 4 . There is absolutely no basis in fact to the contention tha;: the use would be an "attractive nuisance" or that the use would be "haz;.rdouu for children" . These are unfounded, slanderous -1 - and unsi,pported contentions which should be ignored by the Planning Commission and City Council. 5 . There is no basis for the findings made by the P1•..nning Commission. b . The Planning Commission findings are contrary to the actual findings made by the City ' s Staff . Dated % February 29 , 1984 Respectfully Submitted , Atlantic Richtield Company P. O. Box 4 915 Canyon Lake , CA 92380 -and-- 300 iv. Glenoaks Boulevard Glendale , CA 91202 i • �. , CITE' OF HUNTINGT ON BEACH 2C00 MAIN STREET CALIFOF;NIA 92648 t,�FICE OF THE CITY CLERK May 14, 1984 Atlantic Richfield Company P. 0. Box 4915 Canyon Lake, CA 92380 Attn: E. L . Keil The City Council of the City of Huntington Beach at. its regular meeting held i1ey 71 1984, continued decision or. your appeal to the Planning Commission's Denial of Conditional Use Permit 64-1 to the meeting of May 21 , 1906. The Council meeting will be held at 7:30 P.M. in the Council Chamber. Alicia M. Wentwut th City Clerk AMW:CB:js a f7alel�+n�: 11183l4.5?x7{ IIX-010 - 54 111 - 010-SS 111 - 010 -69 Af lvin F . Wampler Atlantic Richfield Co . City of Huntington Bcr� -175SZ Goldenwesc property Tax Dept . P. 0 . Box 190 Huntington Bci1 . , C/► 92647 P . U. Box 2679 Term. Annx . Huntington Bch . , CA 926 � • Los Angele„;., CA 90051 ; 165-031 - 06 165- 031 - 07 165. 031-08 Rudy J , Taus Ralph P. Cr:i ft Janies Carlos 6921 Los Arnigos Cir . 6941 Los Amigos Cir. 6951 Los Amigos Cir . Huntington Bch. , CA 92647 Huntington Bch . ,CA 92647 Huntington Bch . ,CA 926.', 165-031-09 165- 031- 10 i .165-031-11 Alice M. ' Brad), Philip E. Ridout Hails Lietz 6961 Los Amigr,s Cir . 6962 Los Amigos Cir. ; 6952 Los Amigos Cir. Huntington Bch. , CA 92647 Huntington Bch. , CA 92647 i ;iuntington 9ch . ,CA 926 : i 165- 631-12 165- 031 - 13 t 165-031- 25 Donald K. Garrick Marvin C . greenwood , Donald A. Wallace 6942 Los Amigos Cir. 69Z2 Los Amigos Cir . 6931 Via Angel:ra Dr . Huntington. Bch . , CA 92647 Huntington Bch. , CA 92647 ; Huntington Bch . ,CA 926 -` i s. 165- 031- Z6 165- 031 - 27 1165-031- 28 William L. Alberson Robert G . Jones Tr . ! Raymond C . Stoddard 6941 Via Angelina 6961 Via Angelina 17582 E1 Nopal Cir . Huntington Bch - , CA 92647 HuntingLon Bch . , CA 92647 Huntington Bch . , CA 920 ' 1 165- 031- 29 165- 031 - 30 165-092 - 05 Dept . of Vet Affairs of Francisco A. Floriani Jackie D. George State of CA 17602 El Nopal Ci.:- : ' 17442 Whetmore Ln . 17592 E1 Nopal Ln. Huntington Bch . , CA 92647 Huntington Bch . , CA 926-1, P g g , � Huntington Bch . ,CA 92647 l A65-09Z• 06 165 - 092-07 165-092 -08 Oscar L. Overturf Arthur M. Silverstein i Robert J . Stewart 174S2 Whetmora Ln. 6962 Spickard Dr . 6942 Spickard Dr . Huntington Bch. ,CA 92647 Huntington Bcl, . , CA 92647 � Huntington Bch. , CA 926 165- 204- 23 165- 204-24 ( 16S - 204-25 Howard M. Friedlander hobby F . Starnes John E . Cow"es Jr . 17451 Mashie Cir. 17461 Mashie Cir. ! 17471 Mashie Cir . Huntington Bch . .CA 92647 Huntington Bcti . ,CA 92647 � Huntington Bch . ,CA 926 165-204 - 26 165 -204-27 165 -204-28 Xalter S . Keech Herbert J. Lakin Richard D. Martin 17491 Mashie Cir, 17492 Mashie Cir. i 17472 Mashie Cir . Iiu tington Bch. ,CA 92647 Huntington Bch . ,CA "264 7 i Huntington Bch . ,CA 926 j I 165.20449 , { 165- 204 -3n 165 - 204-31 ''Willis A. Friend E Lorin T. Maxwell ! � Doo Huth Lee 17462 Mashie Cir. t 17452 Mashie Cir. S825 Cherry Ave . Huntington Bch. , CA 92647 ° ' Huntington Bch , ,CA 91.647 ;. Long Beach, CA 90805 1�► 5- 204-32 165- 204 - 33 16S • ':04 -34 Aobert Maeda ODelmore H. Wu Geo. 'frey E. Black 17461 Duello Ln. 17471 DuP110 Ln . 1. 749". Nell, • Ln . tuntington Bch . , CA 92647 Huntington Bch - ,CA 92647 Huntington Bch. ,CA 926 165-204 - 04 165- 205-05 165- ZGS-06 Timmy N. Osumi Marc A. Takacs Melv:r, F . wamplex Tr. 17462 Duello Ln. 17472 Due" Io Ln . 17552 Golde;!west St . liunti.ngton Bch. ,C& 92647 Huntington Bch . ,CA 92647 ! Huntington Bch . ,CA 926 17� Zona_ng Service Company { ZOS S. Broadway # 416 !:os Angeles , CA 90012 ; (3011-09) rs ; c rl s 1 ii t •, is i- 1 7u It I y• Huntington Beach City Council Huntington Beach California May 7, 1984 Dear Concil Members, Ir has come to my attention that the Arco Station at the corner of Golden Wes., and Slater is seeking a permit to add a mini-market to their facilities. Several of the parents from any school have expres- sed concern about this project and have relayed their concern to you through letters -%nd retitions. My concorn relates to the lunch time supervision of students at Mesa View School. We have a closed campus and students are permitted to leave for lunch only to their own home where a parent will be in the home. We occasionally will have a student go off campus, without per-iniseion, to the shopping center at Golden West and Warner, but in general these commercial areas are far eaougi, away from our campus tb'st they do not provide a major temptation for lunch time truancy. My feelings on a market at the service station at Golden West and Slater is that it would provide a close temptation for our students and could potentially increase our sup-_.~vision and monitoring prob lams. Si cerel.y, Dan Moss Principal DMfjh - CC. A VIEW, SCHOOL . l 17601 144111a Lane, Huntington Uach, California 92647 Telephone (714) 642.6608