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Use Permit 86-94 - Conditional Exception 87-1 - Adel M. Zeid
aye a •Yr <. . -ON BEACH C1T1Y---,,01F HUNTIN .1 2 CALIFORNIA 92M M MAIN STREET OFFICE OF THE CITY CLERK 87 Adel M. Zeidan 18382 Patterson Lane ! 1 Huntington Beach , CA 12618 The City Counci of the City of Huntington Beach at its egular meeting held S�e-�t-e�► _ , , c•u-a-tia G 1I tr appeal to the Planning Commission ' s denial of Use Permit no . 8E-94 in conjunction with Condi tonal Exception No 87- 1 to October 19 , 1987 . { 1 Department .36 52 Please contact the Comnunity Development Depa you have any questions . Alicia M . 'Wentworth City Clerk A.41d : CE : js cc : Laura Phillips . Planning Aide Gail Hutton , Ci ty httor-ney i Doug La Belle , Comnuni ty Development ! Dariel Carl ton , Attorney at Lahr imperial Bank Building 695 Tuwrs Center C rive # 301 G•�� Costa Mesa , CA 92626 t J/ JJW i' 1 y A vA 0 b02 4.40-7 • � �� • 1�► �� �t� • fly GJr��1 ��- o� ���0,.� /-I ic c eo(w vxiE�l e-A de 74� boy c tlV D ' -f 17r 3 Z5 ka P- /70�- x Um4 1- 14 9 04 4t � 7#E DE Ag�c— l.i lee l � . r a C2 'w f� t ~�y�Gti �+K� 17�'�'T'�� ��r"���l.J h���►T�� ���_ �✓iJ� G�j''�''y'�t!f� f , i r z. i I ' i cqet 60� 7q ✓ . � eyx L � J ;&,400 � f r war � � ti./ �f � � r .� ��'`s�.T r��✓� w.�• .�� y TI h . LO 61 1 -D w —Tl i t2 S7"� 0t !t5p - N Q Ct Fit". _ R uI �� - 1, i C U, 4Ler b t�l ki c ctt7 To #t o u1 lives � a v s. ' .....-..�.+ ........yr_.,.•.-.-w+, p :.........�.......... �+....� ...r,........._....«,..w.., �.►+w_ r..w.«......_...-. ►. r....•w ..h•h.�..•r a«.�:Y. �..j. �./_ •.. May �} `tZ4W '� . �.�Tti� •..r.,..�a._4 �.-.+w,rr.i w..�'_�.•rMwhw...4r+s N+.YY-.:..r� „'M.:.. � � • ♦f+... •'c'.N' 6! r " 1 t J 7-1 r-A- Akq - ���.+'j�.�P C�,,:✓` ,r" .� C-�"" t,` .te r L -wit ftr Pkl BLS '�\..�-%��� ���. . I �~•+��.,:�J� �•�.. �.(.• "�C'�-..._ ��r ti� ,�J uot- uyaut ok Flop�ez, ly o-,)cz- *e,- doc, 1--li \)4--e- -Rc'X— t '02 1 ` p �-i... -•- r ram, '���� r z- �� -�- R4 .l. ._a a �.._.♦ .I.w.Y 5�A r, •rrA • Y .... r .. . .,. ... r V ��. �. ... 3 0 uQ-, 4-LI r , IL/ k r� Y : ���"`l 7 �� i2.`�- �HG��4.f1M�iwr _ tit. Y .t•"�!-w\4tc�....�.,ww.���,wps.a. ., �. •�'�'�.� � i � Lr Mr �� .1. Y� �l n;% ... .... .- ..�.Tiws.w.+M+iA*n►r+.+.w.+►rw.a - wwn...w�www.a-+... J oofZ{'o inH a Adjustments enIJary 2s, 1967 t page !2 'r . ti i ,:We appreciate the opportuihity to. eXpCBsz our -1viewa as to that requester! `uses in our immediate nexghborhooc- ° Yours ' very trul �. /s/ Lind'a L. MacFarland Linda L. �, MacFarl,and Paul G. . MacFatland ; :225 ' 18th Sheet Huntington Beach, CA 92648 /lp "January `26 . 1987 Board,`of `Zoning Adjustments ; _City 'of Huntington Beach P 4. Box J90 < Huntington Beach , CA 92648 Attention: ..;�c r . Laura Phillips , Pr t Coordinator Re: Conditional Exception Nolo 87-1 Use Permit No' . 86--94 Location : 301 - 17th Street Dear Ms .. Phillips: i : am unable to atte6d the" Public' Hearing :,scheduled f6r - 1 :30 p .m. an Wednesday, January 200 1987 in regard , to ' the ::above petition . However , I am a :homeowner, ae 3326 , l8th Street . and would like to express my opinion a9a nst h proposed petition. de'rstan3 , why : th0 City perm ` mini mrk I do not un � permitted a: a� . et , and 'ziguor .`. `. store ' to be built at the subject. location. As , ars isaeadlate area resident. I was not given any notice of this construction 'or -its _ liquor stone vt , purpose. These is already a large mini markat' and ` 17th .and Orange , ;lust one block from the new one ., The addition of another one will only add ''to , the existing heavy vehicular, and ' pedestrian trif fic in than area . Additi.onelly, the parking ' lot ' foz the new location has its entrance/exit - to the aI lay 'which serves_ tha" iCcreaserthea,trafficshces nand, congestion in , the alley for.4�Ihiohrthere.'�a increase t g y alresady oxcessive parking of residents cars and oil wall sorvice vehicles . _XZ_ 1/�Blll7. BZA' r , Mi'nutRs 0 ori9►nq Adjust**' ii'huary 2b , 19s? Pagan 13. j yureher, i understand that the, Citiy Ki'il b! tAkinq caatrb '+of the •hr• neart*y ;pubiic 'hiaach, area --and will prohib-it alcohi: ILC beverages on th4t .`beach-.. .It would not seem , to bo in the, ' s best 'intracast to ,' ,,Oerait another 'liquor . store to be established in the immediate 'beach The iuh j dst ar©a - has been :Primarily a te' ssdintial area with severa l new' hones built• ac in proceaa . BeIi eve.: it or m 'not, there is: soe pride of ownership in the area . The addition of a market And Liqtior store does not enhance the area . Thank you for - receiving ray comments . sincerely, ' tsl Calvin T. Meeks { Calvin T Meeks 1 6 18th' Street , i Huntingto'n Beach, Cal 936480 "January 25 , 1987 70 kHOM IT MAY CONCERN: , r Vs, 87-1 { I own 'property at, 309 & 311 1 7'th ' Street and also aperata a business (Ellsworth Products Co. ) at 311 17th Street . Z have-no objections to the grA►nting of a parking variance to the ap ' licants . (319 - 17th) Sincerly, ( sic) i's! Jack H. Ellsworth t: G 'January 22nd, . 1987 CITY OF HUNTINGTON SPACH E DEPARTMENT OF DEVEWPNI TT S&RVLCF. ; I '3400- 'MAIN STREET i i •+ t r My,• ti.n ... an�ey Salrno, I curx�ant2y an live 211w 18eh l�ex�t,. . •, . H n qton B teach and I wellcome (sic) a now, convenient ntoze located ' , ii S t ` yr• L ', su t'+ ,��`A � 'X`ti>, r! it 'j'i. , r.t, . t ) . 1 r y�•'( it7 i,�A4 oL%IAT.�fr1 t !>,•. 4.`j'ii i 1� '{ itft' t t."'1 ;, •., , ;. y 1;`,,1 t r ± �F�'.;1( r+gib, •{.'S(1 7 . -- ( t ,t l . , "t �+ A�', :'Y is '.1R ;,. ,�,l St it s r.t 7 _ t1-.. <,, 1t,• ^`l,1t::1�, ,t�' r fat. 'e ',� t f1 `` r. > 'f +yy !!r,',. { •. _``yy '(,` t / ':. _ .. ... .'.,\ r S t.. '?+ •rig .t..�"��t.= L,:. •a. .1., . 1 •e.7t'. .:'t �.r ,.. �'i,.ti �'i-. La+ t. , e w::�t „�.1,J,•.....�1� )at.t•+ ;ii4 ly..i...[ +1l.i51t �•` Minutes, ` H. S . Board of 161ning Ad ustments January". 1987 Page 14 on the corner of l7th S treat and the 'Olive . z urge your support to grint the storo the sales o. alcoholic beveragn. Tha Yours Truley, ( sic) /s/ Daney Sa1rn4 Daney Sa i rho . " rn rebuttal , Dan Carlton , attorney for the applicant , said •valid concerns h6d been the expressed but the ruin issue were he beer and wine sales 'and the parking . He said the first lady had problems lf+ith traffic in the alley; however , this, Was all , approved by the City Ergi,ineering Department. Mr , Carton continued that Mr . Colden' s concern: were, expressed because he irep.esented' the away and Mc�. Golden was not owner of another liquor storea � bLock commercial interests of th y t particularly concerned' with .the issue Of parking . . Mr . Carlton reiterated earlier statements that only about . ten perCenk ( 10%) of the business Would be' frem.- automobile traffic it wou e, be Mostly '*walk-in' business . He added that young people can " and 'do purchase 'beer and wine at other locations so this particular market would not create more problems for the City. r :. Mr . Golden rebutted by saying he. was concerned about the traffic and . parking situation, as well as other things . He said `the City Council had passed ordinances to require adequate parking ,'. for businesses in the City and he felt one business should not hie given an advantage over another by variances to these requirements. The Chairman said the Board had beard the concerns. of the . arttorneys # the,. residents , and the applicants and asked if a motion was forthcorztng on the request . Four people in the audience asked that 1 it be nc%',ed they had not had an opportunity to speak but had nothing additional to mention. Daryl n Smith was said ullthat li uor lic sedanontoinnedsth�otr the beerapplicant ' s Y license o f q en d not just and wines � sales . Mr. Zeidan said he had drawn a .license - from the lottery for off-site liquor sales from the State of California . UPON MOTIDN RY SMITH k1D SECOND BY CROSBY, CORFffi,?�1V1XCzPT10M NO. 87-1 %t%ND USE PERMIT, NO. 86�-94 WERE DENIED' 'WITH M rOLLrOWING ?1KDZNGS461k BY TH2 FOLLOWING VOTE: � I -14- 1 20/87 8ZA : r - Minutes . ' K. '8. . l�aard of 3oninq. 1►,djyste+ior�ts January Za, 1967 Paga 1S :. ��- �R DELM I�;,��,7� •j���ji, �7[CEPTEQji iK��- � __1; - ; l► . eecnuse, of the size, r.unfi u ratfon, shape aihd , lack of unique t6p4d9raphic f�,aturss.--:ot;,' the subjec' t property, :there does not or a _ conear to : be ditions;'�applicable to- the land, � btiilce�a tzc+apti�onal or a:traordlna ry; cirCumatandin'3 or -premises involved :that , does not apply' generally to propltty, or class of uses in the same district . 2 . ..Grant ng . of -Conditional Exception No . 87-1 - would co'nstitutt. a Special' privilege irconsistUnt with limitations upon properties in the vicinity. 3 Eiceptional circumstances do not apply that deprive the subject property of ,privileges enjoyad by other properties In the ' same zone classifications . , F.i�BYHG 1'4R DENIM US ,p. f r•J'L, 15--94 : . 1 . The e'stablishine nts maintenance and operation of the uarR Kilt be detrimental to the general welfare of persons working oc •.-asidinq in the vicirsity. 2 . They establishment , maintenancr and operation of the use' will be detrimental to the value of , thv property and improvements in the neighborhood. 3 . On-site parking and circulation are inadequate and have the potential of creating a congestion and circulation hazard . AYES : Crosby, Godfrey, Krejci , Foe, Smith NOES : None ABSENT: bone � Glen Godfrey noted his ONO" vote had` been in accordance with his vote on the original Use Permit request . Dennis , XrMjci. +added that. the City had been "up front" on the project and the applitcant, know from the start his original approval was for a mini-merkat without' alcoholic beverage sales . Thep was no further business to be presented to the laird for their , UFON A.H. 0 TION BY ���'t�' d SECOND BYL7C�r..�,E�, REC�� ltE�'"TZIiG. SAG ADJO STUDY SESSION ON MWDAY, TYN�tUAf�'Y""?; 14: BY THE FOLLOWING VOTt: r n ` t r CITY , OF HUWIN13rr,'" P.O. BOX 190 CALIFORNIA . UtFAR i'IMEN. OF t?EVEIOP'Mi:NT iERVICEi 9�dM f. OUIIOING DIVISION 17141 S364241 ►0.4mm'"a 04VMWf?M 171M li��Ti December 4, 1986 Ken Xell.y A.Ic6hnlic Beverage Control Board 28. Civic Center Plaza Roos 369 Santa Ana , California 92701 Reference : 30I Seventeenth Street Dear Mr . Kelly : It .has came to the City s attention that - your office intends, t o ' issue an alcoholic beverage license: to the business; operator ; at the agave-mentioned address . Once again the ' City of Huntington Beach ra::-pectfully requests that the license not be issued. Tn order for the City .to allow the sale of alcoholic beverages, a new use permit is required in Compliance with current C2 zoning regulations . Inasmuch as thirteen ( 13 ) parking spaces will be required for the expanded .use and only five are available on-situ, sufficient on-site parking will be the primary concert: : ., Attached are conditions of approval applicable to she 'existing site and a previous letter addressed to your office. If you need additional information , please feel free to contact me`. (Ierely, an Pierce • Associate Planner 5P: tl ( 6810d ) 40 •. • - �" w APIUCAF100 tort AtcowiM Irvrwt itttMlfl(11 ; t, trfttS( oftKtNSt(!1 ►Rt t?+C. inr ►wr/ �T AkeT•�c M.�r• w x1c1wl MQ nor++ r K 21 urr sails cati,rtll �t�t Dante lino sie..n �. wrt, rt C. Two Pr3or ltr 10/199 CgK 301 5 :. •.r.•..t.M......,t.•...• 0 ts.«+ bet AjvO WIK CnnditiT�a`.ni 1 xr.*..�l�•rhtt.J a l.r4w�� hstody t alAMt(ST C>< AMIKA�ITt>i1 0". 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Cyv►r . _ �...—ram............. r.r....r......r.r.. ..... Lon 11••f rt'rite ma~r4L ukt:roe LM1vwhwr�•t,',.�r%dv 11A1�T�. udri .. ...•, , • r . ,..• .. ••....�•r"rC.� .i0•.�.�w r.•wooer N••H.•...•...� _ �. .. ',;- t'� 6fw+N.j•:,P!..:-:.'.,. .. !�!�'' ....�. :..- ... .'...r..'�..�.,•f r+.P w- ". . .. ,. ... ...�li'�1 f1� ,,...............a....r• F _ CITY OF HUNTINGTON BE,r1r- CH 2000 MAIN STREET CALIFORNIA 92848 OFFICE of THE CITY CLERK November 2 , 1987 Adel M. Ze i dan 18382 Patterson Lane # 1 r Huntington Beach , CA 92648 The City Council of the City ^f Huntington Beach at its regular meeting held October 19 , 1987 , granted your appeal to the Planning Commission ' s denial of Use Permit No . 86 -94 in conJunctton with Conditional Exception No . 87- 1 to October 19 , 1987 , ' Enclosed is a copy of the City Council minutes pertaining to this action . Please contact the Community Development Department - 6- j if you have an P 53 5271 � Y questions . i j ALICIA M. WENTWORTH . CITY CLERK I BY onn a rockway, b epu ty, AMW:CB : bas cc: Laura Phillips . Planning Aide Gail Hutton , City Attorney Doug La Bel 1 e , Community Development Daniel Carlton , Attorney at Lax .Imperial Bank Building 695 Town Cen ter-i r i v e 4301 Costa `iesa , CA 92626 _ t i __- nMa.,,yy Page SO - Council/Agency tiiltttee - 10/19/87 Discussion was held between Council and Assistant City &Ltorney Ansbary regarding- arbitrage as it pertains to the Public Facilities Corporation funda. Following conciderable discusitf.on, as mot an was made by Erskluey seconded by Green, to instruct staff to Notify the Public Facilities Corporation that there is no approved capital inprovezent project for the Central Library which exceeds t1,100,000, t.hdt no such project is anticipated to be approved prior to next year' s budget (July 1, 1988) and that the City Council reaffirms its December 1, 1.986 request to the Public Facilities Corporation to release all excess funds to the city as reimbursement for rent previously paid; and to direct staff to schedule a Study Session on further expansion of the Library and funds in the future to do this . The aocion carried by the following roll call vote: AYES: Winchell, 'Uya, Kelly, Erskine, G'reea, Bannister NOES: Finley ABSVIM None (City Council) - DEPUTY CITY CLERK II COMPENSATION - APPROVO •- BROCKWAY The Deputy City Clerk presented a co=unication from the City Clerk requesting Council approval of compensation for the Deputy City Clerk 11 duriug the City j Clerk' s absence due to illness until her return approximately in December. Il On motion by Haley, second Erskine , Council, &,.proved the City Clerk's i reconmeudation that Connie Brockway, Tie;uty City Clerk II, be compensated at Range #412 - Step E ($3,652) recroactivr to June 14, 19870 until the City f Clerk' s return to work by the iollowing oll call vote: AYES: Wiachell, *lays , Finley , Kelly, Erskine, Grenn, Bannister NOES: None � ASS EXr: Nome i(C Council) - APFFWL TO PC DENIAL OF USE VIUMIT 86-94 IN CONJUMMON VITH CMITIONAL EXCEPTION VARIANFSZ — RO 97-11"1.0PROYM — RDEL E s�",�x (DM.,D, FxOM 7.1 7 •- PUBLIC HEULING CLOSED 8 7 The Mayor announced that this was the day arm', hour set to consider a decision on an appeal filed by Adel Zeidan to the denial by the Planning Commission of Use permit 86-94 in conjunction with Ccanditi:,aal Exceptioa 8:-1 to permit the sale of alcoholic beverages at on existing convenience market in conjunction with a request to permit five (3) parkAng spaces in lieu of the required twelve (12) parking spaces. A public hearing on the matter was closed oa August 3, 1987. A eoaaunication was received October 19, 1987 from Robert Smith, Attorney for Appellant, regarding the matter. The property is located at the northwest corner of 17t.h Street and Olive Avenue - (301 - 17tb Street) . A rotian was made br, Erskine, seconded by Winchnll, to continue the"decision regaErdina the Adel Zeidaa appeal to .the denial,, by the Planning Cowisslon of Use Permit 86 9. in conjunction with Condttioti,%l Exce:pt.ica 87•-1 to October 26, c 19a7. The motion fa.11ed by the fo:low2ng roll '�:a'll votes 'i 1. err, s Page 6 CouncAI/Agency Mioutes .. 10/19/87 AYES: Nincb ell, ' Er skins NOES: hays , Finley, Kelly, Green, Baw.later ' ABSENT: None D186%ssion was held between Council and staff regarding the history of code Changes as it pertains to the property in question. A motion was made by Viachell, seconded by Green, to uphc; .i the Plannina Comnissinn and the Board cE Zoning Adjustments and deny U4e Permit 86--94 in conjunction v:ith Conditional Exception (variance) No. 67-1 w1ta the findings r as set fortn in the RCA dated A,ugunct 17, 190. The motion failed by the following roil wall vote: -r AYES: Kincnell, Finley, Green NOES: :lays, Kelly, Erskine, Banciater ABSENT: None A motion was made by Maya, seconded by Erskine, to approve Use Pe:ralt 86-94 In, I} conjunction with Conditional. Exception (Variance) No. 87-1, with a revised �? parking layout of six spaces per Alternative "A" . and with the findings and conditions as set forth in the RCA dated August 17, 19870 as amended, as follows: Findings for Approval - Use Permit 86-94: 1. the establishment, aaintenance and operation of liquor sales in eonjunct.iou witn the :marker will not be detrimental to: a. The general, welfare of persons residing or working In the vicinity; b. Property and improvements is the vicinity of such use or building. 2. The number of parking spaces provided is adequate for a Lmxket with ancillary sale of alcoholic beverages. 3. Ilie revised lLJowt Will provide aix (6) on-site parking spaces plus three (3) limited curb--%Lde parking spaces (15 minutes oni.y) for a tata:l of nine spaces which is adequate for the proposed a4rkat Frith a,nciiliary sale of alcoholic beverages. 4. Tne granting of the Use Permit will not adversely affect tnd General Plan of tho City of Huntington Bascn because the convenience store with alcohol sales served the surroundia.g residential neighborhood. 5. The peoposel is coauistent wftn the goals and objectives of the City0s General Plan and rand Use Map. ,? Fisdin a f or 4pproval - Conditional Ez�ioo MQo, 87-Is 1. because of special circumstances applicable to the subject property, inau'ding site, locntlan and surrouna.ings, the; strIc't. sppUcatScn of the , Zoning prdinance in found . to deprives the suhjecG property.,of�-privileges , an3oyed by other, properties' in .the 4ic al.ty and under 3denti=sl tone: elassificatioue{.. no subject sitejs & ,corner lot with United access.,Y: t and Is , t:erefore uciqua. R T ' OC`f 3 97 OF NUh-T1,tiGI'ON4 ECH C1 CITY COI j CtL 0rr -, IC October 12, 1987 226 Saventeen`.h Street }luntingtcn Beach, CA 92648 %pack Ks11y, Mayor City of Huntington Beach 2000 Hairs Street Huntington Beach, CA 92648 He: Appeal of Planning Commivaion's Decision June 2, 1987 Une Pernit No. 86--9.1 in Conjunction with Conditional Excoption, Zia. 67-1 (Adel M. .',eidan) Doar Mnyor, The above referenced its3n is due ;.o be decided nt, the next. Cit;► Ccuncil meeting schoduled cn October 19, 1987. As you know, this innuo has beer, continued tseveral theca. I would 'Like to request one wore continuance. 1-: work v.-hodule will, not permit me to attend this aoctinf;. Aa you knkLaw, I om very concerntld ovor the Iz outcone of this issue. I have npoken to Mayor Pro Ten John Erskine, and he would suppoa t the I� notion. Iy I appreciate yo,rr ccna!zieration of thio r►quest. 4 I I; Sirct►rely, I F rank p?Iilr* cc: City Council ROBERT L. SMITH A"OANCY AT U1N 9LACU" QMCL PARR ?AM MAIN mcer. SUftf 1Ba NWVTLNIMMV 9ZAM CAUMPHIA VZ6442 IT1�1 U30.2630 I October S . 199', � I i i TO: The Honorable Mayor Kelly a City Council members City of Hunt i ng ton Beach 2000 ;Main Street Huntington Beach CT, 92648 � Re: Use Permit 86-94 & Condit!onal Exception No. 87-1 I Dear mayor Kelly and City Council Members; As you know , I am on- of Adel zeidan' n attorneys. lie i has askee, sae to write this let.t.er ire co%inect ion with the referenced matte: to be heard at your meeting on October 19 t 1987 . It aaa suggested to my client that he talk to the landowner adjoining his Northern boundry, psul Columbus , ` to see if the latter would agree to male a v.=. on parking lot out of thu, rear of my client' s property at 301 1"I th Strut aad Mr . Colulibus ' property at 305 17 Lh Street , us 0 poasible sciut ion to the patkinq requirements in connection with Mr . zeidan ' s request to be pertnitted to have on premises sale of alcoholic beverages at 301 17th Street. on October 5', 1987 , Mr , xeidan met with Mr . Columbus concerning this subject. Mr. Coluzbus refused to zonsider the above suggestion . I have always taken the position that theze L13 no F, parking problem, and there will be no p� rking problem if the variance is granted for the following reovgiis4 1 • Approximately 851 of Mr . reida'n ''s customers , are walk- in traffic based on observations made within the last:.' two months at the 1/ th and Olive Street: tnarkelpt. 7 . Even with construction goieg on on - the South side of fll ive at 17 t`h , , Wi'�`;h the ttendac:t t rucks j pquipment , people , • etc, there st4,1I ' is nu pa r k i n4 Orobler� Y I I Honorable Major and Council „- October C , 1987 i Page 2 ------------------------------------------ ------------------ I 3 . ":use Findings for Den itaI of the vax iatice , appear to me to be more conclusions in that there has been no study made at that intersection to support the f indir.gs � that the sale of alcohol will be detrimental to the general suelfare of persa-ns working or residing in tho vicinity , ar a traffic hazard , or the alleged increase in traff is 1 generated by the sale of alcohol., c-tc . Mr . Zeidan has also asked that I mention that the retail area of his store on 17th Street amoonks to approximately 1000 square feet . The area thatwould be used f;7.r the display of packaged liquor would be 10 % or less `-'1: 'M 100 square feet . He al ;o stated that. there will be no display or sale of pornographic: magazines or literature or use of vidio games at his store . Finally , he has asked me to state that if for Borne reason a traffic problem results From g -anting the va : ia !sce to sell liquor , he will volt!ntari .ly ralingsaish his rights und-er the variance and cease to sell alcohol at that store . ., "i As I stated to you at the City Counc i 1 Meeting on , 1 bele ive , 9/7/871 the strict application of the C-2 , C-3 zoning ordinances , would in my opinion , crr. a %. e an inequitable situation for Mr . Zeidun nct supported b,t the � facts and in view of his substantial investment in acqu ! : ing the lard and having ttse build my constructed . I` I urge you to grant✓ the var i ance at your meet Ing on Octobur 19 , 1937 . Very truly youral ROBERT L . SMITH RL5:c i i �{r 6+, c cJf T:x) to, or -t;��j a.,A ti +A uz. v r n • � ...� 4 ��,�'�,- `r V 1,�..�-��"r' .. r . i cLr , ll- ^ 61 J � f _—__,_ ��—. .�. .�-�.� T--"� '�.-. — ��alRy1•h4M�..._ _ ..�.���...�. ,...^. .rIF/�.•rAw1�1��►... r ..r.�.I��Y��A�� L s� -mil l ` .�-e� �c �.-��'f�{{.f•r�,i�:.:�.L,�� ;.-�� -��•: • iCi��'�-'�• �LGI�� �r1..!�r� t//�,G�c-+C..� ol let10 J e f � -� Z7,4-41 , ,arc. i i 1 c t �t �1 w �. CITY OF ' HUNTINGT BEACH" a =) MAIN STREET CALIFORNIA 92648 OrFiCE OF THE CITY CLERK September 22 , 1987 Adel M. Zeidan 18382 Patterson Lanel Huntington Beach , CA 92648 The. City Council of the City of Huntington Beacn at its regular meeting held September 21 , 1987 continued decision can yourappeal to the Planning Commission ' s denial of Use Permit Ho . 86- 94 in conjunction with Conditiona ' E..xception ,lo. 87- 1 to October 19 , 1987 . Please contact the Community Development Department - 536 -5271 if you have any questions , Alicia M. Wentworth City Clerk AMW: CB : js cc: Laura Phillips , Planning Aide Gail Hutton , City Attorney Doug L.a Belle , Community Development Daniel Carlton , Attorney at Law Imperial Bank Building 695 Town Center Drive 4301 Costa Mesa , CA 92626 IT Al A), ll �I IL PL � . -.. , Olt •---�,' (, �� �1 t.. �^ rM art ��a �' (� C7 (�- L.t t�.�- �E�-�,,... G�, t CSC ,•\�.^,�,,�. {�. �• �,.�.t„�•t ttu l� 1. �.t_%�.� �_ t."L•�ti �,.'�` 11�.� � l%!;,'t,r,,;�. �/L•1,,,� . CL elz-F � f II �.��`.,,�„'�,,, `.. „r�"';� {,.l �`--"Z ���,,,,1,,,r�..�..'�l.•L��, {._.�..1�.' f �+ i ''+�.(..��1 r v"' l i' r J w N ' - .. .. f , ,ice•j�,. 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'-. .• '`', - i :3 .t: .:.t F�14 1,.1r,1yr�.� '+;,+!r<}y )�_tYRrs.J�ir4.:yh a..a.' ....•1�!^ .fr ..iv.l4 .+, Wt:. i..h M, �7 i, ` ,rt �r.c> t. r i.. y,s r.r�'Y�.<< Y.n?I:>{�s't, �.�1.'�7 s iif�y'�l.ti•`1�•1.�,� � S '1 •.r`++.�`�•t�i. � � � � 't + ♦ 1 3.'..+,7t '1 ;*��:y'.i.•�i r� n"r '�j�Y f�t�w+.�• � t,1 , ,y`. { :.r.. ,� .{ •�,, ' 4,.rr1.�: t. _ r{ + ice. , r-.., `> �9. v�'"��tL •Y 't•t• ,4 ! ����.I.w�"• uk tt j�'�� 1 .: I ;`�..f 5.,�'.✓ `f� Sl S )T ''.';T .��.t ��,7. 1 r :f7 !i ,.. }I. , �t a�,,..�... S 1SS/_ Y�4 . tT 't�. 1", }�.t. ., �." S it:. . . •.. 1 � ..`.« {, '*2 ).r1 1 sr 41110 CITY OF HUNTINGTCXY BED, N 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK 8eptenber 10, 1987 Adel M. Zeidan 18382 Patterson Lnne 01 Huntington (leach. CA 92648 1 The City Council of the Cit•: of Huntingtor: Bench at ate, regular meeting hnld September 8, 1907 con!ir,ued decision on your appes0 to the I'lnnninrl Co, n- ission'o denial of Use Permit No. A s-94 conjunction w—:0h Conditional Exception No. $7-1 to September 21 . 1987. Pleabe contact the Cammunit� 0rvclaprf-r%t Depnrtmrnt - 536-5 71 if you have arty poestionn. Alicia M. Wentriorth City Clerk cc: Laura Phillips, Planning Aida Gail Hutton, City Attorney Doug La 001e, Co+nunit-* Navelof+nvnt Daniel Carlton, Attorney at Ln,. Imperial. Bank building 695 Town Cent.er Drivf� 0301 Costa Mesa, CA 92626 I sJ s C21akELL A LrGHT N>:R PSUL S COLUMOU TERRY J DEUN 220 V:J► . 1TNAICA 61 TN 5 7 324 18TH STPEF.T }ItI:wP4RT !lCH, CA '1.563 CH , CA 9264 .1 HUNTINGfN 4 --s CA 9x6g1i ` 023-LSS -07 !lUNTIe(3 , 023; 15 023-155-.�� sEULl1!! C LERN£A ItENRY C 7OLXUR DENN 13POCIA cT 323 VIA LIDO SOUta 191h I SANTA CECILIA ; " 322 1ATT' ;wt,7rril ?IEwpOAT 8CI1 , CA 92663 FOUNTAIN 7LY , CA 12704 HUNTINGTN i+Csi , CA 92646 ' 021 - 155-011 027-156-17 921. 155-�" RALfPH K f: C11.qR:. '. = A.�UEii JUDITII G BERRYMAN RALPII = JAM��N 11I 18TI1 STREET 18221 CHARTER RnAD 326 17T`4 S rAgET HUNTINGTH ETCH, CA VIL[,A PARK, CA 92667 NUNTINGTU cJtC, CA 023-155-0) - 021-1 $6 - 19 021-157-01 . +'3Z R. H He.cDONALD a ICNARD FORCH IONE ROBE RT r ^A"" ai 6101 i,.10 VISTA OR 11Tf{ STREET 314 LiTI{ S:R.EET s1C�N►tM►;TN ETCH , C% 1264 ; I1U4N1 1 !1CT!1 OCI{ , Ch ? #1 48 f1UaTtNt'•T:1 BCH , t.'A } 422- 155 .. 12 023 - 155- 19 0: 3-LS7 - ' ? .41LI.LA4 A SARLE3 J [ N4Y L LO N(7, 110Hi'►RD S S'TEI !i 307 18Tfi STR1:f.T 3 2 1 1 7r,{ ST41:177 5 ) 11UNT StIG T 09 CWT DR . KUNMICTN 6C!{ , CA ?2i4P f1Ul1 T 114GT!1 BC11 , CA, I IIU!4TLKGT!1 P',:R , CA 92641 0: 3- 155_17 �. : 3- 155. 1?t n'l7-157_,:, 1 JAN D 6 'JOAt1 H TATALA DF9PA J `IITSCH CORiSTIAN K 1XIO LE j 305 18TH STPEE T 325 17711 STREET 306 1 7TH 5T APT r1 � HUNTINGTH 8CII , CA 11UNTINGTN RCfi . C.A 92649 11UHTINCTH PCH , LEA! 9264A ' 02 3- 1 56-2 2 023- 157-05 i %E:ULAIf C LER`JER JOHN .1 Ncr.LR9Y ALMI J PRAY '23 VIA LIDO 50VU 327 17TH STREET P U 0'3X 721 LWPORT 3CH , CA 92663 IiUNTINCTt. CC11 . CA 92646 HUHTiNGTH SCH CA g2b48 323-156 -•34 . 05 , 06 ,07 023- 156-21 021-: 57-06 >S1+LLA CASA NARV 1N .I CAUKit! REYNALDO LUGO 2OE x 2it0 STREET3 2 0 19TH ITREET 10101 CRA ILET DR.'; HUNTINGTN BCH , CA 92642 HUNTINGTH RCII, CA 92648 HUNTINGTN BCH, CA 92646 02 ]- 13�-10 023-•156-24 023-157-08 JACK H 15LLSWORT11 C1ILYIN T !1!<EIc5 AICNARD A MAt1K :)11"' 17T11 STREET 326 19TII STREET 26131 CRLLZ SAN RENOI'l , RUMTIKGTN BCH, Cal 92648 � 11UN'fTNrTN BCH , CA 92646 Sl1E+f JIJAM C!►PS?!O, C>t 1.4'1675 .� 0 3- 116-L3 . 141 023-156-25 ` 023-iS7-09 Cti o �wV-nbA Daniel C. Carlton, Atty -at Law Ocean Pacific Market " 695 Town .Center Dr, -Suite 30•1 3111 - 17:h street . ' 4 ' Costa Mesa. CA 92�26 Nttn ti n tan tlee�ch w. C,1 �9. — --�+•... - i mow, «+,...t+w.•...+...w....n.... .w kl+..e.�Yi.a" 4 :a;$•'t fL`;Y� ROBERr .J1' 'PE5TOi,ESZ U11ITED STATES STEEL CORP SOCEF PROPERTIES 71, 61702 'GATCHILL CIR TAX DIVISTON KS-69 BIRCHER PROPERTY HUNTINGTM ;BCH , CA 92648 P 0 BOX ' 471 P 0 SAX 19677 Q23-157-10 TAM NE, CA 92717 plrrsBURu , CA 9a56S 023 - 162 - 12 023-162-25 CLO.RZA MCCULLOUGH LUTHE R E GRIBBLF LOWELL D ZEANbER 94,111 MI1CxNDA AVENUE 14EAL ESTATE SY4DICATIO 206 1STII STREET LA.`HAXRA, CA 90631 P 0 BOX 4246 HUtITING'f!4 BGtI . CA 92648 . 023 1 F3ALBOA . CA �: 26�, 1 02 1- 163-02 • 023- 152�1 ? PAUL C PORTER LUTHER E CRIBBLE GE119VIEVE M CROSBY J: LOTH STitF.ET REAL ESTATP: SYNUICATIO 11892 E LAMPS014 AVENUE ' HUNTINGTH BCH , CA 92648 P 0 BOX 4246 GARDEN GROVE , CA 91ri4a 023r-1S7- 14 BALBOA . CA 92661 423- 167-Q ) O23- 162 - 14 HERBERT V SNANIGAt4 AYYAU R G110BRIAL JOSEPH J MILAN _7132-A HARBOR BLUFF CIR 1030: morVmug DR P 0 Box 101 MUNTINGTN BCII , CA 12649 t1UIITi:.t'ITN IICN , CA 92644 ►IUN'221IGTO11 , IND, 467SO , 23-161-06 if;?- 15 Or2 3- 163-04 NOON 8 HANNA � �CtIALD L NI':liE!i `(ART tl 2 TAM.ri 219 18TH STREET a�J; 22 Ali ; lIGT�,lI %.T 14ZI2 UxAxI^GE ::UWTI•tl '" w!l BCH , .A 32648 ►j%CII!7A !iIt►UEt. . t'A 9Z61 y>rS, Ca 4INST Ci '2i43 ) 23-16. 17 023- 16i-09 � 1 , !A RY K LAaSnt. ROYD COOPER i.OWELL C ',rZ8NDVR 3180 DEVA!sisOOIJ CIH :+' 80 itn,Li,wikf�!7D itl. D 1il1a 2(?6 157lt STAICE:T ''OUNTAiN VLY , ':A 9270a 11r3f.I.Y�^0�1 , CA 7�1+]:�k3 1IVIITItPr#TN 8CV# CA 9264$ 523- 161-08 12 3 - 1f,2 -: : 02 3-163-0`) . 10 . 14 ?AUI, G MacFARLAND J4SEPl1 REY!11U!i rRMIAPO C HORN "5 19T1I STREET 14RI LArAYrTTE RD 276 17TH STREET ':4UNTINGTH 3C1t , CA '�24-4F1 Cl.,\;tf.yOIIT . CA 91 ' 11 ?IUNS:NGTN SCII , CA 92648 )2 3-161 -26 �323 - 1r�2 - 72 023- 163- 17 AAL9M H ZUSMAII C LOR IA S STONER E"RANT( P ZAPPTA :27 1NTH STREET 226 10TH STREET 226 17':H STREET 11UNTING TH BCH , CA 92644 ,•1UNTINGTN BCII , CA 92648 11UNTINGTH DCNj CA 92648 ' 023-162-23 021-163- 18 323-161-29 LF D tt .?41'CE �El1tI0ER F:DwARU A FIrCN I LLi1 0W - Y 221 17TH STREET � �rap4°1�1n� _25 ,,17Tti sSTR1~�.T HURTINGTK DC110 CA 92640 1UNTINGTN BCH, CA 023'-162-24 )23 -162-07 CAI . 47 n �.j 3�{ Mai r1 � �'�� q ti ,�•,-+t A 1 +ck art � '►.� ur1 �'o c�C. + 1. a y) 77 OCEAN PACIF I Cj MARKET AND ASLI 301 170 'Street Huntington Heacfa, CA 92648 714-960-1153 5eptc:mbGr 3 , 1987 1'0: Toe Honorable Mayor Jack Kell} All City Council Members City of Huntington Beach 2000 main Street Huntington Dec-chi CA 92648 Re: Conditional Use Permit fir). 85-9 4 with Cond i t iona l Excention (Variance) No . 87-1 ij Dear Mayor Kell! and City Counci 1 Na :gibers : in connection with the ;: ity Courieiis ' favorable approval of the referenced Use Permits at the City Council meeting schr;duled for 5eptertber 6 , 1997 , 1 Wish to expres, ;ray promise that : ( 1 ) no pornographic maga - tnes or literature will b,_ (i isplayid or aold at Ocean Pacific Market , or ( 2 ) Licyio games will not be used or installed a rt such ,ar ke t . f ;hank you for you : favorable consideration of r:.y application. Yours vex',y' rely , lie Adt 1 xe id an, Owner. S !.'f a1R_- t -' .... .: i'.r... ., � .�_ • r .}..:a. .h.= +s... f ,.,. ..,. . r ___. � �� _ �_ t,' � .+ r ?"C ii }.r-.t•`- t4,� <M r�,?,t�,r„Z. Pul�3.S s!t 7 j23 jd7 _l .•• t � 4 NOTICE OF PUBLIC HEARING ` APPEAL TO PLANNING 'CO*tKI55IDt[ DENIAL -OF USE PERMIT NO 86-94 " IN CONJUNCTION WITH CONDITIONAL EXCEPTION (VARIANCE) NO 87-1 NOTICE IS HEREBY GIVER that the Huntiagtou Beach City Council wili h4 Ida public hearing is the Council. Chamber at the Hunttngton Beach 't Civic Center-, 2000 Haiti Street , Huntington Beach, California , on the date and at the time indicated below to receive and consider the statements of all. persons who wish to be heard relative to the applicatioa described below. D&TE: Monday", August: 3 . 1987 , TIME : 7 : 00 P . m . E - j SU3 ECT: appeal - Use Pe :mit No . 3b-94 in conjunction with Condition-a! Exception No . 87 -1 APPLICANT/APPELLANT : Ale ). .4 . ::eidan LOCATION : 301 - lith Street (northwear, corner of 17th Street and Olive Avenue) PLOPOSAL: To permit the sale of alcoholic bieverades at an. existing convenience: :aarket in conjunction, with a request to permit five ( 5 ) parking apace:s in lieu of ttic required twelve! ( 1_ ) parking spices . ENVIRONMENTAL STATUS : Categoricaj 1y £:what Class S Section 13305' w according to the California Environmental Quality Act . ON FILE A copy of the proposed appeal is on file is the � Department cf Coumunity Development , 2000 Hain Street , Huntiugtou Beach , California . j ALL INTERESTED PERSONS are Lavited to attand said hearing and express opluions or submit evidence for or against the appiicatioc as outliuerd above . All .applications , exhibits , and descriptions of this proposal. are on filt with t ne Office of the City Cla.•k , 2000 o inspection b ;fain StreetBeach,a Huntiu tus Beach, California , for i p c do n y the , public . HUNVI'i G ieJN BEACH CITY COUNCIL l i By : Alicia M. Ventvorth , - CSty Clark Phone (714) 536-3405 Dated 7/20187 f ;" :' r o r , APPLICATION M PERSIT Inn. SALE OF ALaCC*13LIC SENTR.'�iS r _ -AT OCEAN PACIFIC MARMT, 301 17th - ffUi INMCN BEACH. CA 92048. " NM E AbCRE.ES SIME IN OPM ram._._. '` �� �.� �r/•;�/� S:: :t� ��� � -"'..� � /f �- � •r 1- I X I �I, ,�* �.._ , ��• �� rr..�r.ti.r wr.w-.• r�� r w�rYrti+r�Y wrt r,Y►rr. '�,• lo I �l is �� tt•1` ' / r•f' /i fo. Woopo mv 0,�ZXI 97� J i 1 r j •' a • Nk— EacrRIC IV 127 tilAlt,t S1%E'T HUtiTINGTCN BE1CF1,G4 32W (7 t 4) 53Cr'5313 CHAIR.' City Crxactc.il City of Hiffitington Each ' r 2000 Main Streen. Huntington &each, CA 92648 ' Subject: To approve license to sell alc:ora is Ftevera3es to 0'1 { Pacific MarrtL. ffr i. Hon. City Counci I MenAvrs: I ant the past president of Down Town Mzrchany s Mzild or 1luntin=ton P.e'iCfl. I am writing this letter in referenr.e :o t:mc aixr:r. su"Dject ratter whi,Ai is under consideration by the City Caurcil. I 1,,ave rsunall mm atr. Adel ",e'�.an :or ,;everal year, who 's� y 1 year ; } 2 a good citizen, a good tusimn5smin and a riu>•.} ;:c{� z::�r. • , s } 1.c r.ttc3 .►i 'ran ily have :xee t operating Standard Market, aC L•uC:s t he strc-ct.. f rc, my stoma and I have alvays found them to 1xe .I friendly 1:t,aglr:. t Much has Nett stiid at:out the lv►rds'hip thv=c• might stiffer i t a variance Is not c;rai:t.ed. So I will not re AmL it acid ver% iixr..�:-1y urc e yen; to show cxxvasskm for which 'we Nns,,rican-.; are Lull }:t'.,kndn all Srrl.'.r L} G world. Please ejrant hir.; a variance' t it,.ank You Si,cercly, t 'ul *Mer.,cn No �.�,G''�awl� !�•"v'"'�.'-'..`. el r t e T i i KNOWLEDGE WORKS, INC .r i elj u� v I f'Y'"L,�'J ' !�"`�.�. �.�stil� �� CL .,�'tG4:i�r=+'r� l�%��I'I`{ !a. !�-''d.t,•'{i f ''ti"� !! �ram, _ '�� •�• " •+ I op I .> ;, Cos 1 I r OF-piCe: " 71000-6390- 'r. E 9�tl4E, HOME: N9Aa-2Il3!419 MAIN SIRE 3 DEAGH. CA kINTINGTON } :� + - . CIT N BEAC. F' HUNTING---*,-A' U t ,..�• P.O. Sax 190 CAUF0RNIA 92548 OEPAFI MENT OF DE�i!LOrAEHT SE;I'/ICES r•.�n!�tMG 01•115iVN IVAI %36477I ''. itJ11.OtNG ptVISION{Tstl S7i-'sty - r $tat- of C31i forn ° 3 De_a= t-ment Qf �1-coholic Beverage Control _ - a Civic `Center plaza , Room Id9 t a Cali !ocnia 92701 Santa Ana , F - - �larkpt 307 17ta Street , ii�n. ington Beach , CA . Sib ject : Ccean i �►wplicat c- alcoholic Bev¢:a9e LxCense tica« on "4 ; de�a«_.1en� i i n receipt of a coot/ of 3ubaect ��.�. License = X. ze :a.n for art alcohol is Bever age �.: ' 3 10� �:a�; b Adel -•-i ::;_s letter i.s O .;►�o:� 3yp . .... +�- nun Bead: , Ca��Focniy . : I th S _. a z: , _an as no teen approved :ar `�;.� sa.•� c. 7,IU that ties Iocat 3 '_bQi:o'; c beverages . x s •y ' .� �a.aC ;�a:Ci► i4 , t"sa"� , C4ndt:�n -1 " i .c re53 a��(;:?SSed :� ? sale of a^".3ho ' i:: •+� tp 3 e$ 3 ',S - t „cr 1 oe a r_on� Ana _ ,. a JZ r r� r mt "one- standard's . :..:+Ce ` ;n = VOL:_ =�•-a� t2nent not +33'je :.� ensp �S `.i"�-��ipia L �C.'JAS 1. �.iZt1 - i addce$J . s.. • •'^ca sale p L 3 l 0°1C `p• -5 Sincere-'r ► y � l Shad Land -'se Tecanici3n f ti ,. ( 505.3d 1 Y. S `I :I ii 1 3 � t i •t.' 1 a�: ,.'i d..�.k, 'lt �V� >,.,'S L'ryYS,2f la..i August 20, 1987 t.1••'.. 1'- may ; City of Huntington 1leosh t- Huntington Beach , CA 92648 RE: ` 301 17th Street Dear Sirs , Tieing a resident of downtcwn Huntington Beach I feel that an off -sale liquor license should be given to the people who own this market . 1 feel that the Caren could use another market that s _ 11s liquor . Respectfully yours , Angelo F. innldi 2nd . 'ztre t lfunt. ington Bench , CA 92648 C ON ay 57 , 1 r. r•1 , _ 1- .r #Af � RQ -EST FOR CITY SOU CIL ACTION , Date August 17, 1937 a Honorable Mayor and City Council Submitted to: y. Charles W. Thompson, City Admiristratorl`1 �' Submitted by: Prepared by: Doug La Belle, Directo ommunity Development APPEAL OF PLANNIN , OMMISSION'S DENIAL. OF USE PERMIT 110. Subject: 86-94 IN CONJUNCTION WITH CONDITIONAL EXCEPTION NO, 81-1 (ADEL hi. ZEIDAN) 1/h , Consistent with Council Policy? 1 1 Yes j } N&w Policy or Exception .f. .z+ s 'TD 1 � 1 Statement of Issue, Becommeadation,Analysis, Funding Source, Alternative Actions, Att$dhments: An appeal by Adel M. Zeidar, of the Planning Commission's dery al oY Use Permit No. 86-94 in conjunction with Conditional Exception (%Iariance) Uo. V-1 was continued tram :he- August 3. 1987 City Council meeting in order fo: staff to review and recommend modifications to the parking layout and prepare condltlons of approval for the project which are incorporated Into the Alternative Action section of this reporrt_ Use Permit No. 86--94 is a request to permit the sale of alcoholic beverages at an existing convenience market and Conditional Exception No. 87-'_ Is a request to per-rnit n reduction from the twelve (I2) parking spaces required for a market with alcoholic: beverage :Tales. 8EQQMME DAIIQLao N- Plannin„ Commission and Staff recommend that the City Council su3taln the action of the Planning Commission, and deny the request. 014 MOTION BY SCHUMACIfER AND SECOND BY IIIGGfNS, THE PLANNING COMMISSION SUSTAINED THE BOARD OF ZONING ADJUSTMENTS' DENIM. AND DENY USE PERMIT NO. 86--94 AND CONDITIONAL EXCEPTION NO. 97--1 BASED ON FINDINGS, BY THE FOLLOWING VOTE: Ayes Schumacher, Higgins, Leipzig, Summerell, LivengcW Noes: Silva, Pierce Absent: None Abstain- None a FINDIMUS EQR DENIAL -- COAIj21jIO�EXCE211 - e of the size, conflguratlon, shape and lack of imique topographicfeatures of I. Because the subject property, there does not appear to be exceptional of txtraordinary circumstances pr'condltlons app0cable to the land, buildings or prentlses Involved that does not apply generally to property or class of uses to the same district.� The lot in question is of regular size artd shape, with no unusual topographic features. 2 'Granthl g r Conditional Exception No. 87-2 would constitute a special privilege inconsistent x�. st nt with limitations upon prrtles in the vicinity. New structures or uses are rer�uired to conform with current applicable codes. 3. E fI t d � apply that de � ve the subject property�f plulsges cn oyed by other properties n the same zone classifications. The . appellant's existing grocery market can continue to operate, however addition of.a new use (alcohol sales) requires compliance with she current codes. r FINUIN ENIAL 115E PERMIT No. 86-94: 1. The establishment, maintenance and operation of the use (alcohol sales) will be detrimental to the general welfare of persons working or res±ding in the vicinity. Additional parking required for liquor sales will not be provided, �%Teating a traffic hazard at the intersection of 17th and Olive, and In the adjacent alley. 2. The establishment, maintenance and operation of the use Witt he detrim'ental,to the { value of the property and Improvements in the nel&,borhood because liquor sales f will generate additional commercial traffic in a predominantly residential area. 3. On-site parking and circulation are Inadequate to accommodate the additional traffic generated by alcohol Tales and have the potential of creating a conscatlon and circulation hazzrd. The appellant currently has an existing grocery market which can continue to operate with the existing parking ratio. At the August 3, 1987 City Council meeting, the Council directed staff to prepare findings and conditions of approval for the above referenced project, and to work with the applicant in providing additional parking spaces required for the sale of alcoholic beverages at the existing market. Staff has analyzed two alternative parking lot layouts, both of which would provlde a total of six (b) on-site parking spaces in lieu of the existing five (5) spaces. Alternative "A" maintains the existini alley access to the parking lot, and would Involve restriping the surface of the lot to'obtain an additional space. Alternative "B" would propose taking access from a new curb cut on Olive Avenue and restriping the lot to obtain six spaces. The wenartment of Public Works has reviewed the alternatives and 6vars Alternative "A", which maintains the alley entrance. RCA -- Aulptst 17, 1937 w1_ (8678d) ,. In addition:`to,the six parkI spaces that can be accommodated on'-site, three limited` r curbside parking apaces.can'be pr&ided*(pien curb -- 1S minutes only)- ;;A total of nIne spaces should be sufficient.to acct+sumodate foareased parkingdeem tad gai�erated.by .- icillia xales of alcoholic bevtra,jes at'tht_'mair�cet.. The rct:ggested conditions oft , a ar ry' . approval will encourage'customers to use the packing lot and rear entmhsoe,to.the marked rather than paAing`on*the`street, and will rminiritize the Impact of,the added alcohol sales to the surrounding nellhborhnod. The'findings and conditions of approval are pmvi ed under'the Recommendation' section of the report should'the City Council wish to approve theproposal. Also, Condition La. has been designed to accommodate the`Council's desire for either Alternative A'or B site plan layout. ALTERNNA'1'1YE A .N: /q TherMy.Council may approve Use Permit No. 86-94 and Conditional Exception No. 87-1 with a revised parking layout of six spaces based upon the following findings and conditions of ap)roval: j FIL'�1�I4G5.EQ APPRS?yAl- — Si.�E_PE81►StT 86-94: 1. The establishment, maintenance and operation of llquor sales in conjunction with the market wall not be detrimental to: a. The general welfare of persons residing or working in the vicinity: b. Property and improvements In the vicinity of such use or building. 2. The number of parking spaces provided is adequate for a market with anc33tiary'sale of alcoholic beverages. 3. The revisect layout will provide six (b) on--site parking "ces plus three (3) limited curb-side parking spaces (15 minutes only) for a total of nine spaces which i3 adequate for the proposed market with ancilliary sale of aic.�holic beverages. 4. The granting of the Use Permit will not adversely affect the General flan of the City cf Huntington Beach because the convenience store with alcohol sales serves the surrounding residential nelghborhocki. S. The proposal is,consistent with the goals and objectives of the Citv's'Ceneral Plan and Lard Use hasp. 1. Because of special circurnrtances applicable to the subject property, including size, location and surroundings, the strict application of the Zoning Ordinance`!s found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical Zone classifications. The subject site is a corner lot with limited access and is therefore unique. 2. The granting of a'Conditional Exception for reduction in parking is necessary In r order to preserve the enjoyment of one or more substantial yroperty rights. 4 x A RCA -- Aul;ust 17, 1987 _— (8678d) 3. T mhegranttrtg of Conditional Excepticxi No;'87-1 for reduction In parkdnj will not be: aterlally%etrimental to the publlc'welfare, or injurious to property in the same zone,cNisifications because of the revised parking layout, limited curb-side patrk(na; and the fact that liquor males will be ancilliary to the market use: �1. The: granting of the Conditional Exception will not adversely affect the Ctsxral Pian " 01 the City of Huntington Beach. CONDITIONS OF APP Qti'A 1. The sit plan floor. plan and elevations dated February 26, 1987, shall be the: approved layout, subject to the following modifications: a. Revise site plan to show six (6) on-site parkins spaces with access from the alley (ALT. A); or revise plan to depict 6 spaces cn-slie with access from Olive Street (ALT. ,8). 2. All truck loading and unloading (deliveries) shall be on-site, not:from the street.,': 3. The rear dcanr entrance shall be enhanced with zignage, awning, or similar facade. to { emphaslze its use as a store Lentrance. 4. No advertising of alcoholic beverages shall be permitted in windows or on building walls visible from the street. S. Shelf space for alcohol sates shall be limited to two (2) areas of apprdAmately twelve (12) horizontal feet each, including refrigerator space. 6. There: steal! be no loitering or consumption of alcoholic beverages pzrmltteti on the premises. 7. All applicable conditions of approval of Use Permit No. SS-14 shall remain In effect except as noted herein. j S. All applicable Public Works fees shall be paid prior to sale of alcoholic beverages. 9. The use shall comply with all applicable provisloar, of the Ordinance Code; Building ? Division, and Fire Department except as noted aecein. 10. The applicant shzll meet all applicable local, State, and Federal Fire Codes, Ordinances. and standards. 11. The City Council rerxrves the right to revoke this Use Permit if any violation of these conditions of the Huntington Beach Ordinance Code occurs. HMENTa: , A. Original Site: Plan B. Revised Layout "Alternative R" C. Revised Layout "Alternative 13" D. RequeAt for Council Action Report dated August 3, 1987 DLB:LP:gbtn RCA - Aug st,17, 1987 -4- (8678d) r l'U 1 t1 Atxjwt 10, 1987 , '1. Ri.duard Dorn 228 .t7tn' Sfrfe t ` Hmtirtgtcn ems.•m r CA, 92bA8. re: Appeal of pianning. cannissicn dwAsicn it= 20 1987 use -..at„#8b-94 in ocn3LT#cU- m ,with 'oon it coal. ex(.v--Ptitxt #ts7-i. (minL-Market an 17th at ulivu) Ucr tinuance on August 17th, t987 - City Cmnr.il Wcetxng Mayor and Csr! t.;otutc3t 20U0 Main Street Huntington Beach, CA 92.646 Havor and City Ctr=i_1 Mmt ern: r xn writIng .in order that you rewns dad your &Ci3icn an this i,su-- for I-Im following reasons 1) The IY32ghb3ncccd LocatE.'!Cl. rdtar 17rh and ul.ve is ' tranal 1 '..I71f;d with tM deprec:iaticn in value of cur in3i.vitkal motes &ho uld t' a 3bave aentiava-d to appealed and a Uquor scare bow iAMr;orated in thus naigrtiborbccd. P:s a resioent of m=ti:nton Beach, I rely wiey cm or of tic-,a.Ls to protect comers by trml.dim the L-vs rn Cttr too alf as %rII as Local tents. 31 it 1.3 bTort nt for you to )aiow ,mat Framk min, Sheri illy wid wyselt twho have appeamv arm s W at al.f. hearings In this matter) M- a over $70U,000 investe a in our notes. Ibese prnpert tes, we ruAna Workea hard to.purrlti%-se and ;,nt,= .in our residential ;area. T'rwl eav our ca-i jor investnents .ono we pan ►o raise cur f-wd l.it here. h'o are quite =wexrd with Lbe yak a liqwr atom on tt� r.�tZ'1E" V..e appliQant for this Liquor l curse wWor his representati'ves wom mark alate tptrcnt by ,our city or. the rtjgulatiom %tee ate. tar p=f d==ntat• m 1 . tUl or this evic3t-ice is clearly dem wtrate�2. ?n ovnclusion,' tm D resit nave a pur ow. I request, as a resident of Huntingtcn beach, that ycu do not participate in thy: ci rctmmastt = o: these laws Sir�ocrel.Y� Richard uorn , , ��S. 'r{L .4 � 1 !. ,' ••7 ICI August -10, 1967 Ott J9 Frank , zappi�s . , 226 ' 177H St'. Huntington Beac h, CA 92648 re: Appeal of planning co:runission decision June 2; 1987. use permit 186-94 in:'con;unction with 'conditional` exception #87-1 . (Mini-market on 17th St. at Olive) continuance on August ` 17tb l 1987 City Counc,l 'i4eeting. .Mayor & City Council 2000 Main St. Huntington Beach# CA 92648 i Mayor•, Qr. 6 City Council Members : t I would like to strongly urge you to reconai.der .;dour r decision on this issue for the following reasons: I , ?ike most of you, ace extremely- busy with my day to' da'y business. I have been more than happy to take the time to understand this issue from a legal standpoint as well as understand the sequence of events leading to the 'current , situation. I have accomplished this by learning the city laws and codes that pertain, as well as attending and speaking at tho zoning board hearing, planning com.-niss ion, hearing and city council hearing : j. The zoning board denial was 5-0 and the planning cormni$sion. vote was 5-2 . Neither was a close vote 'because the main s consideration in each case were the followi.ngr The applicant anchor his representatives (One being an Qx- planning cormdissianer) were made aware upfront by the city on the number of parking spaces required to sell alcohol (12 spaces are required) . There is no doubt to this fact. All the documentation (staff reports , cite codes , etc. ) and evidence at the public hearingn clearly demonstrate' this fact . in addition to the above, it is extremely unfair to grant. a ,:,. .. , r Ld ��t 1,•s11V............../Ft`.431..• : . , ::;. :;.A:i�. i'i .,.`:c tfJ 39i'is:{�.. if�t r.�,,...,n....rho...ra,......:ty.N.eq....�'ERTMt� t f f }A.— Art , variance this, large to 'other coij parible businesses . in the area that have complied. One block north on 17Th "SeaCliff ,L!4qu or" has the parking' .required and no gre�e:e stripping an -• , the curb. The .applicant owned the land for a year before he. built the building . . He had plenty of time to sell the property or , property a building P P Y design 5 4 ox his purpose . We heard many times that the applicant has invested S500,000. ' Lt is , important that you know that Richard Dorn, Shari LiLy, and myself have over $700 , 000 invested in our homes . At the city council hearing the applicant and hisrepresent ati a tea'v s stated he would go out of business without alcohol .At the zoning board hearing the applicants brother stated liquor sales would only account for 101 of their total business . Their story has certainly changed since the zoning board hearing. When the building was approved in March 1905 , we were not notified . The reason for tris is ' -he law states that only ''abutting" property owners were required to be notified,. ':he abutting properties consisted of an empty lot, a vacant lot, a vacant Huntington tavern, an office buidling and and apartment building . Some of the owners of these properties don ' t even live in Csl.iwornia . The home owners ware never notified. We really can' t complain because by tha .strictest definition of the law we did not have to be notified, even though we are most affected . The point is we' ve had to live by the law and so should the applicant . Our neighborhood is a now growing single family residential 1 area . it does not need another liquor store sla=ed in illegally and unptoperly . if this flagrant variance 45 parking spaces instead of the: 'required .12 spaces) is granted it is the home owners on 17Th street and not the stores customers that have to live with the consequences . Mayor and City Council members* given the above, l as a home owner and resident have to rely solely on my elected officLals in protecting the home owners by upholdinq the lams on behalf of the homeowners and businesses In the neighborhood. The applicant was zoned - for and built a building to sell 0 re7ceries and not liquor. That is what he has and neither , zo „ or, resf.dence have the city', 've ` any further obligation this , iridi.vidi al: Please consider this : information when r you di cuss this item on August 17 , 1987. -Thank yeiu for your attention. 'ZSi cer •, Frank T ' pia P.S . I have attached my last correspondence which outlines this issue in more detail. t: 54 � t Ji- t F •wyw•.dr ry.•e...•.•w•♦w y.. I tr tilt- ilo �• .1-. tea.• �•.s•�•a..� +"`rfbLT it t.`1♦ i• + - - - •n n� ate` 1 • -.•�.:.�•�w:74 w..�3���r.�i.. l•�Rriia �'j' ♦�• ` ^` AM � .1.L1 .��� �� r.M..ya•..a..�..._, t♦♦ _- _......._.._...liter..«�-�........�........�-..._�.J.ly_...._tsa✓ .......... ..y � / }i f • `w r • `- : N er .. .a•�. L ►wa.i- w rr, s+.r• ilte�: ..t ;f 4 - _,.� j., ..�..__.__. _._..� .._ _. � - ... 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' �tr = L+.,.... .es if.A♦ •r••fii� wr►al.• i' v+•••i. �".. s .. cr , PubLiah MQ'YICK Or'` MUC BLiC ' .• n rrl5 s �n rn nr c- CA 3'd, Melm i a . •`�'� t►'t C h� a '` C�'p '1 un ��/e[�'tA Act � 7" 1 t NOTICE IS 71EREBT CIVEV chat the: E:untYM4Eon` *Ac'h' City Council wiht hold a ,Ce earinter,h Maiu 5treecuncil:'Chasber. at ,the Huit ington Deach Ci wic na.':la the-Co tivattcacaa 3eacb� Calif ornta oa thij date scd at. the time indicated below to' receive and consider the stiteiltnts of all persoes who wish` to be heaird ielative ' to the application described below. Dim Mon q r tom: A �IaGALZ1.Aa�Tr� APPLICATION ,�� — (�'g� i 0 Y1 �X CS p•h'o r1 cJ o, �',�-•/ LOCATION; reeA (Ono (-+k w ea,'+ Go r n er 6-r anrL Olive- AV961u.e..... f r�tt ��h c o nYGtr�i s mar i n G ov1 n c.-t-i on w +11 0 of W1 ;+ w.- r eppaus i el (l,C.0 +41a Irt1 WjY-e-J :I +w`Ive. �l ar�i ram, �aa�.�S. � t LNvxa . ,. sTMs e �..�. C..r, sw.►�..n.�.rt-��. pntON Fru: y pr-c.) pc*C-J. t a r e 4l'lLe:...• AIZ' LYFRESTED PEASQS are invited to attecd said hearing and express opialons or submit evidence for or agalnot thR application as outlined above. All applicatioaa, exhibits, and descrLptlocs of this proposal arc on file with the Office of the City Clerk, . 2000 !lain Street, Huntington Beach, C&IIfornia, for insp-zct:on by the pu�jlic. EtvnINCTPON BEACIf CITY 'COUNCIL Hy t Alicia X. Wenvorth City. Clerk Phone (114) 536-5405 t r� y E . REOU T' FOR CITY 'COUN IL ACTION i Ditto Aukust 3 1+91t7 Submitted to; Honorable Mayor and City Council Submitted by. Charles W. Thompson, City"Administrator pr Doug'La ,'Belle, Director Community Dever ment`epared by. �p ,t APPEAL Subject: � . , OF. PLANNING CC1J�i1�iISStON�S DENtAL'OF; USE PERMIT NO. S& 94 IN'CONJUNCT"ION WITH CON DITICNALEXCEPTION NO 87-1 (ADEL M. ZEIDAN) t Consistent with Council PollcY 7 1 Yes j j Now Policy or Exception Recommendation, Analysis, Funding Source,A Statstneat of Issue, Fiac A Y Alternative Actions,At�c#1rn�rnti: I SMUMENT OF UE: Tranxmitted for your consideration Is an ap al by Adel M. Zeldin of.tbe Planning ' nning (�rarix issl r tieml Exception. . .' n c9njunction, , . .Commissiotti s denial of Use Perrt�tilt No. 8b 9�1 i with Candi No. 87-1., Use Permit No. 86-94 Is a request to permit" he sale of alroh�llc ' beverages at art existing conveniener. market and Coadicaozwl Exceptlon'No. 87�-1 is a request to permit five'(5)`parking spaces In lieu of the 'twelve'(12) pa;king spaces regWred for a market with alcohol!c l\:vcrage sales of this size. r� Planning Commission and staff recommend that the City Cc-.well sustain the action of the Planning Commission, and deny the request. E ission ACl1Qt1.4IL 'ne 7. 1987: ON MOTION BY SCHUMACHER AND,SECOND BY 1°siGGINS, THE PLANNING COMMISSION SUSTAINED THE,80ARD OF ZONING ADJUSTMENT'S' DENIAL AND ' DENIED USE PERMIT NO. 26-94 A►ND,CONDrrIONAL EXCEPTION NO. 87--1 BASED'O?J FINDINGS, BY THE FOLLOWING VOTE: AYES: Schumacher, Higgins, Leipzig, Summerell, LIvengood NOES: Silva, Pierce ABSENT: None ABSTAIN: None NGS FOR_U 1AL—_ QI�II,t���1� 1. Because of the size, configuration, shape and lack of unique topographic reatures of the subject property, there does not, ,p car to be exceptional or extraoMinary �1 circumstances or conditions applicable to the land, buildints or premises InvOIveo ' , that does not apply gerr rally to property or class of uses In the sarne district. The { lot in question Is of regular size and shspe, with no twusual topographic features. ' t P1C 111W 20 li inc�►:xs( S' of cow hh �l txceptlon No. 87- 1 would constltute a special privilege stations"upon les in the vicinity. New struc►.uses or uses are'required ci conform with current applicable cedes. 3. Y� do ptional circumstances • not that deprive the subject property o� ' p legea enjoyed by other.properties In the samc zone classifications. The appellunt's existing grocery market can continue to,operate, however addltlon'af a new use (alcohol sales) requires compliance with'the current codes. FN12IN S FOR DEWAL-- sUSE 2ERbfT-N!Q..Afi=24: 1. the establishment, maintenance and operation or the use (alcohol sales) will be detrimental to the general welfare, of persons working or residing in the vicinity.; Additional parking required for liquor sales will'not b+- provided, creating a traffic hazard at the Intersection of l7th and 011ve, and in the adjacent alley. 2. The establkhment, maintenance and operation of the use will be detrimentai to the value of the property and Improvements in the nelghbor?±ood becat!se. liquor sales will generate additional commercial traffic In. a premminantly residential area. 3. On-site parking and circulation are inadequate to accommodate the additional traffic generated by alcohol sales and have the potential or creating a congestion and.circulation hazard. The appellant currently has an existing grocery market w , hick can continue to operate with the e*x,tsting parl~ing'rotio. A,VAIMS: r The existingconvenience market at 301 Seventeenth Street was ri approved by the auardoi' Zoning Adjustments on March 20. 1985. as Use Permit No. 85--14. ?he site was, at the time, zoned MC3 (Oualifled-General Business District). The qualification required that no access be taken from Seventeenth Street and that a use permit be approved for all new development. The: site has been commercially zoned siwre 1978; prior to 1978, it was zoned Townlot Specific Plan, Section H. The C3 zone allowed grocery and frult stores as a permitted use subject to the provisions or the C3 zone, Including a sparking ratio of one space far every SOD square feet of building area, Other commercial uses that were pe=.rml%ted In tha C,l, C2 and C4 districts were permitted in the C3 gone, prov9d,*d that any such use be approved first by z site plan a,ireItcation (such as aiz administrative review or -else permit) and wan subject to the same regulations as in the Cl, C2 and Ca districts, Among chase uses permitted In the C2 zone, upon approval of an administrative review, as "liquor stores and on-sale liquor establishments" (see old code sections). Thus, in order to sell liquor in 0 zones,'an entitlement was required, and'by Code, the use wit required to meet all C2 standards Including a parking ratio of one space for every 200 square feet of building area. The site in question, given the building design proposed by the applicant, coa!d accommodate only five (5) parking spaces (equal to one space per.500 square reet of building area); this was In accorttance.with a Socery market only in the C3 zone. Therefore, a condl don #2 of approval was placed an Liss; Permlt No, 85-14 that read as follow: "this'appro"I is granted to estatttish a $roce q market. Alcoholic beverage sales ' are not permitted without approval of a use`permlt'In cornpliance.with C2 standards. This was net an arbitrary condition Imposed by the Board. Alcohol sales, by Code, required more Parking than the site,could accommodate with the building size the applicant desired. The applicant accepted the condiElons without an appeal. RCA August 30- 1987 _z~ (8578d) . In rezoning 1996 the site was rezoned by the City from•(Q)C3 to C2 daring the course of g all remaining C3 districts In the City to other zoning designations. ,Currently, erotism n e' at a arkinenvenience In, and,liquor stores (subject to appropriate ,zoning emits both co p ratio of one space for every 200 square feet.of building area. On January 28, 198 r, to Board of Z. nin Adjustments denied y the a j Use Permit No. 86-94.and Cotxiitiorutl Excege�ptst t permit fi a �Sjuest to permit parkln spaces in lieu of sales twelve�lxj rj� feed by C2 ` alongwith a r g required y standards. Several reslile�ts concerns c3te►d were Increased traffic n the alley, fo�he proposal. Among.the ma cr hearinged at the 1 to i double parking r in he street, Y• 6• Pa 8 and incompatibility of liquor sales with the surrounding residential area. Several letters were also received in opposition to the sale of liquor. Three people spokes In favor of the proposal. The applicant submitted an appeal of the Board's denial, along with approximately 200Q signatures in support of alcohol sales. Zeidan contends that the City changed the zoning on his property aster he obtained o.s permit to build a store with Intentions of selling iilcohol, thereby increasing his parking requirement and creating a hardship. Although the City did Initiate a zone change from 0 to C2 after the,applicant had obtained building permits and started construction, the previous. C3 coning only allowed alcohol sales if the use complied with CZ ataridards. The approved use p.'&mlt (Use Permit No. 95-14) had a condition whica clearly stated that a use permit would be required In order to sell liquor and that C2 standards would have to ' be complied with. Therefore, 12 parking spaces have always been required for alcohol sates, as was reinforced by the condition of approval for Use Permit No. 85-14. The appellant also contends that granting of his requests would not constitute a grant of special privilege, because other restaurants and liquor stores in the vicinity operate with t less parking than is required by Code. Many of the examples cited (see letter or appeal to Planning Commission) are existing legal eon-conforming uses which, when expanded or recycled.,will be required to conform with current Codes. Several other businesses cited arc iln tLe Downtown Redevelopment Area (China Wok, Morzotti's, The Shed, Pete's Mexican Food) and have agreed to participate In a parking assessment district when formed by the Redevelopment Agency, to provide the required parking. Eldon liquor i leases the adjacent City owned lot for parking. All new structures or uses. such as the appellants, are required to conform with current parking ctandare',s. In a letter submitted on April 15, 1987, the appellant's representative states that,ABC Form 255 signed by the City in March, 1985, indicates that alcohol safes are a permitted use oat the subject site. The form signed by the City does not grant automatic permission for alcohol sales. , It states the fact that such sales were allowed In the C3 zone subject to administrative review. and per Code.would have had to comply with C2 standards., The appellant's grocery store does not meet these standards. After further research by staffo It was determined that the proper entitlement was a Use hermit, as specified by Use Permit No. 95--14, rather than an Administrative Review. The Planning Commission on June 2, 1987 upheld the board's denial and denlcd the appellants requests, based on findings. RCA August 3. 1987 - s• (8678d). VP ENVIR The poQosed project,is exernpt pursuant to Class 5, Section 15303 of the Ca ,. llfornia , Environmental Quality'Act. f .FUK�G 50�j Rom: , Not Applicable nY. 'I4.�I: i'• ' As an alternative action, the City Council may approve the Use Permit No. 8&44 and Conditional Exception No. 87-1. based on the following findings and conditions of approval: FINDi►�G F(Z A1!PBOV�Ab - USE PERMIT 8 .,Q : 1. The establishment, maintenance and rVeration of liquor sales In conjunction with the market will not be detrimental to: ' a. The general welfare of persons residing or working in the vicinity; - b. Property and improvements In the vicinity of such use or building. 2. The granting of the Use Permit will not adversely affect the Gen-ml Plan of the City of Huntington Beach because the convenience store with alcohol scales serves the surrounding residential neighborhood. 3. The proposal is consistent with the goals and objectives of the City's'General Plan and Land Use Map. FINDINGS FQR APPROVAL ;.CQNI21TIQNAL EXCEPTIQ� 1. Because of special circumstances applicable to the subject pt we , including sl e, location and surrotMings, the strict application of the Zoning,Qrdinance Is found to deprlve the subject property of privileges enjoyed bj other properties In the vicinity and under identical zone classifications. 2. The granting of ri Conditional Exception for reduction in parking Is necessary In order to preserve the enjoyment of one or more substantial property rights. 3. The granting2or Conditional Exception No. 87-1 for reduction In'parking will not be materially detrimental to the public welfare, or Injurious to property In the same zone classifications. 46 The grantinS'of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. IAL LONI3....1�INS QF APPROMAL -- _.. .L iUi�T 1. The site plan, now plans, and elevations received an;! dated December 22, 1996 shall be the approved layout. RCA - August 3, 11987 ...3 . (8679d) 2. ,All.iPeffect.11 itlons of approval of Use Permit No. 885-.14 shall remaln fn cable ctx�di , ..3. All applicable , • _ - . Public Works fees shall be id ,pa prltx to sale of alcoholic beverages,. - . SAECIAL !COND1TiONS OF APPROVAL -'CONDITIONAL EXCEEMN 12 87 1. The site tan floor an and elevations received arxi da P. ; P ted December 22, 1986,.xhaa be the approved la;.,out. 2. Ali conditions of Use Permit No. 86-94 shall apply. IKFORMALO1F IF-IC COD�REQLlI 4.F `S: 1. The uses ,. - hall;eomply with,ail applicable provisions of the'Ordinanee Cock, Huitdins Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes. Ordinances, and standards. 3. the City•Council reserves the right to revoke this Use Permit if and/ yiolstion of these conditions of the Huntington Beach Ordinance Cade occurs. AT�AC1fM��: . ,A. Letter from appellant dated June 11, 1937. B. Planning Commis sioai minutes dated Jt u:e 2, 1987. X. Staff.Report dated June 2, 1987, Q !p D. Board of Zoning Adjustments Condition of Approval dated March . 85. DLB:Lfgbtn • t s. 1 all RCA - August 3, 1987 _5- (8678d) :'.:'1 11.)i-1f 1'.•♦..... _r..yTl+'I Sli ..I 3 i.• : .., ': :.. - .. •... :. �.. - - -_- - H0NT1NCTON ) SEACLIFF CORPORATION j August 3, 1.987 , II HAND DELIVERED Huntington Beach City K 9 Y Council + 2000.Main Street Huntington Brach, CA 92646 Subject: Use Permit No. 66-94 and Conditional Exception (Variance) No. 87-1 Appeal Gentlemen: Huntington Seaclitf Corporation urges the Board to deny the above appeal and application and requests for exceptions fran,� the City's parking, lot size, and setback requii- ments. Huntington Seacliff Corporation managtis .the Beachtown Center at Orange and Seventeenth Streets, and requests the City to impose f consistent development standards can all businesses in the area. Your consideration is greatly appreciated. Sincerely, HUNTINGTON SEACLIFF CORPORATION William R. Ellis Vice President-Operations WRE/lh i . i r '...� lad b(AIPI ST � r; :WI ids, HW�Fr,NGTON BEACH AUF011MA 926.18(714.) 5.7164 51 �► t ,. ��WTf . ��c� �9 'BeYecateaatb- Bta�et . Huatingtoa Bch,. Cs. ;-►� :_, . << t July 309 198?' To alror� Kelly axid Councilmembers Co�,oernin9: Appeal..-Use Permit 86-94 and Conditioned. fteeption 87--1 Dear mayor Ke11y: I am writing you concerning the Adel M, Zeiden appoa to persit the' sale of alcoholic beverages at • :, 301.;Soventeemth Street , on March 20, 1985, the Bosia."of '�oning , AdJustaent (without neighborhood notif is ion) anstruction :of. t�hia convenie:ace market. , accordance with, City 'Cade _thit' .approvAl atated 'that, alaohol;lo . be' verage- sales I vr014dtnot be permitted wLi hout approval'o.f.%l a Usar in eompl.ionce with - G-2. atandards . Ax. , Zisiden dosi not have the 'parking required to meet C-2, ;''tauidards. Construction of this market was not ;started until a year later in March of 1966; tnl e allawed•.plenty of time for a markst anslysfs . to be condnated :.to discover If it would be .econon' loally tessible to run this store as a g"oery market only and ,.tine : to , decide .against, construction if it *an d1tirmined alcoholic heverags axles were needed for HlbeC'eHlR. The* oth r three corners of this i.nteisection ;ar• residential and recently have been upgraded. by the 0on.struction..ai' 8, it gle, family homes more �. . � � ►a ;_..bouaea .e�;,e.�piauned Sa�ashhe , eapC� lob `•aros$ :�.li�re•.'. •: , .,_ • : _ . .•,: ,tn The everege persou I a ; largest investsent `'s An him z; home; liquor aftles at thie location would` have, .to + reduce the •value as surrounding Z&31dennee: Plesse consider"the concern ,ot the homeowners im to neighUrbood end uphold the Planning ConnAssion dehlal. i lay Aeraphirle . t .its• t .' !� ;, '.1' t t �{, •'1 'I �j REPLICATION TO FEAMIT Th'£ SAID'OF AL'JOfiOLTC BE1mRAM AT CC'FJ�dV PArCI F7 STREET RM—IMMUN BEAM .'." , NAM ADDRESS r:.:....r....•,,. SIGM IN ,OFf''C6£ FAVOR .- , Vic. m miecrJo z ....,..�__„_ ._......_...�. .. ' r 2 rA .t t—`rC i•L ' r LLL -10 Af- t _ ., x y G Aiitleotu bd 10 Pabt10r1 A t "Iroo"I"1h of .:+1dr o+ctu0r pvbMc �ti.'� . notkes'by''D0v9*,of the Supsrw court of Ora q+ Cswnty. • CablOrn►a. NuMber'A•fi211, dated 29 S*016MROW. 1941, end A,t�i11,doled 1 t Jw*. ttl , STA,E OF CALIFORNIA • , County 41 Orange 611% It PrC C011AM MY F , i y l� :1t•7; I am a Cifistsii of the.Uriite<! Blatt and a reo d dt1+n of �. the Count ,afore j. V sa d: t am ti►! i-awl', atgle of elQhtell. Y+Nrs� and ynof a party to or inte+astad M the below tirntitied`mai�e�. t am a principal clerk of the Orangt! COaat DAILY PILOT, with:which is combined the twa� N E1-S-PRESS,' a mmspaper of ge(Wal cirewalion, x I-) I rinfed a:id published in the Cityof Costa Mesa County of Orange. State of California, and that s wM+ea.N► :�tw Notice of Public Hearing rlbl' q 8 'tMte '+M dF of which copy attached hereto is a ltue and complete copy, was printed and pubilshed In the Costa Mess, .-fort Easch, Huntington 8tch. Fountain V&Pvy, Irvine, tta South Coast communities and Laguna _r „ Beach lswei of said news ikw for one t: I n g � � r'►'a$�h4 consecutive wet*s to wit the Issue(s) of t . ';'t �• ;, A July 23 , 79E 7 1gD 19d ,, - M 198 ,we i declare, under penalty of penury, that the foregoing Is true and correct. � a i JEt, Executed on r„l u 2 3 198 —7. et Costa Mesa, Cellfornlat. Signalute 1 r it e 10 "� r'. �` ICIA / , it's V 226 3evonteeath` Street iDl1► Runti4,,t4n gaachs CA ,92643 �y�roln'Huntin City on He�hil Cit• gt 2000 Nara Street Huntir�gf,or, Beach, CA 92648 Re: Appeal of:Planning Comnission'a Decision ; June '2, 1987 Use Persit No. 86-94 in Conjunction with Conditional Exception No.. 87-1 • Mayor and City Councilmenbera, The above subject is currently mahedulal for hearing pn Auguat-3. 1987. I btronglf urge the Council to uphold tho Planning Canal not ors`denial of une t Permit No. 86-94 in conjunction with Conditional Exception Vo._87--1 . I own 'snd have resided at 226 Seventeenth Street for approximately years. I vi11 try to bF as brief as possible. The Inportant issues are: 1 . The applicant' s property clearly does qot confor-a to, parking requir events to sell alcoholic bevoragoa. The ' requirement is twelve spacos. He has only five ipmees. Mi tceeds over 1001 more parking apneas to complyO 2. Tile Hoard of Zoning Ad juatuento unwUmousYlr, by a Vote 'ar 5-0, -deniod Use Percit Ito. 86-94 and Conditional Exception k No. 87-1 , on Jan. 28*1987. a, 3. The Planning Cocniasion overwholwingly uphold the Board of y Zoning Adjustment's donial of Una Pernit Ido. 86-94 1n +' conjunction with Conditional E. caption No. 87-1 , � br a vote of 5-2, an Jun- 2, 1987• I feel that it is important to reiterate the above ,1ndingsx for the folloxire reasons: 1 . It In vary clear that the City was upfront with the applloant on -the issue or parking requirements to' soli alcohol. - Evora though th© -.vain of the prop�arty rt•.ara9d, the park3nQ, requlremsants never did. I strongly urge you to rend the Stiff Report, whauh iss' ntsachod. 2. This n4iBhbo:hood In a single family reside.ntah area, au evidencitti by nilsn new boxes; th&t have been built w1thin the, Ias3t nlx Mont-hp. Also, ` the Huntington Tavern has boom removed and two nev housas t; a.o scheduled .o be built on that ?cot. We hive a Liquor Store on block north at the Corner or 17th and. orange " Aicb complies uLth. zoning .and perking requiremento l that � nave thad adequa telr b"Orylces the,area. y , , , I Maror'and'the City Council July `20, 1987 P,4e,No 3. FiriaUy ,• this is not a sarginal can The aPPlicant I i3SW upfront. .. He needs ovir twice as &any parking spices as,he 'can prorids. Asking 'eve one (re x�d�.e9s ,of a o) who -_ g � ry ga, ago' ) walks into the atact to sign a petition is not valid. -O-Zoning Board denial. - 5-2 Planning Cor..zinsion upheld Zoning Board denial. - Denied Use Posit No. 86-94 for three reasons tree attachedeant) Denied Use Permit No. 87-1 for three reasons (see &ttachaent). I look forward to your concurrence on this issue. Than: you for your attention. your9 truly. crank Zappig Aitachoont: Staff Report 'f. , s, r�rr�� Fa � D �Sr�krt�rQrRx A.NIEL C. C,AX?LTON • Ov CO►twac� ACTOR f ,. i urCwiA` e4N�l SUILDIN0 CLOW J �TANL�11 ~ 11. 1 A�7�1.7/M•406 tgrvh CCNTCw OM►vG 9NIT[ ]O1 `r COSTA NNSA, CAIJrORJRIA P202 J June 11 , 1987 f City CouncLl City of Huntington Beach , California r Ede; Appeal of Planni�;g Commission ' s Decision June 2, 1987 Use Permit No. 86-94 in conjunction with Conditional Exception No, 87- 1 Gentlemens Adel M. Zeidan, applicant for the referenced requests, hoax been a local Huntington Beach resident and businessman for over , ten years. 'f In November 1984, Mr . Zeidan, aware that the Huntington r Beach redevelopment plans mighk Literally clone the doors of his business on Main Street, purchased and closed escrow on the subject property with the Intention that it would some.'day replace his existing busfness. The subject property, even though surrounded by residential zoning, had been zoned commercial since 1906, although the minimal size of the lot greatly re4u; ed its + utility. in March, 1985, in contemplation of building a full service market, similar to his existing downtown Standard Market, Mr. Zeida'n obtained a zoning affidavit from . the City which indicated the only requirement to obtain permission to sell alcoholic beverages, was an administrative review. Mr . Zeldin waa informed by the City that, because of the size of the lots among other ` ' things , the requested parmisnion would require limited effort. A subsequent uae permit requirement (contradicting . the zoning affidavit ) , as well as a zoning change, affected Mr. Zeidan`s intended, use , and caused confusion and uncertainty,, not only with the applicant, but with city planners. as well Fairness demands approval of Mr Zeidan' s request to allow the sale of alcoholic beveragea at his convenience store forth+ following additional .reasons : !. IANXEL C. CARLTON ATTOPNCV A,T'LAW 1 City Coundii June 111 , 1997 Page Two 1 . The property has been zoned commercial since 1906, and c the size has 'always 1.1mited the full potential of its use flee parking` spacej) t 2. Mr , Zeidan' s decision to invest in developing a: fuX1 service convenience store must be weighed not only by his business and economic situation. but also by the neighborhood needs to be met; E .3. Mr .. Zeidan submits concurrently pith this appeal a petition signed by over 2, 200 local citizens supporting the sale of alcoholic beverages at the market , as .well -a numerous letters from concerned neighbors also in support of applicant ' s requests'; 4 . The City has not done any feasibility studies on the additional traffic problems associated with a liquor store as opposed to just, a convenience store. The true fact is that the addition of a license for the .axle of alcoholic beverages would not create any additional traffic hazards] ' S. The City has granted numerous businesses the right to sell alcoholic beverages even though sufficient parking facilities were not available; J 6. Contrary to the finding that this request would be detrimental to the value of the property in the neighborhood,` anyone familiar with Huntington Beach can attest that pxot.y va►luest especially in the subject property' s ;irea, have been rapidly appreciating and the aesthetic value of that subject building , enhancing the neighborhood, is beyond ,argumthtl f� 7 . Mr. Zeidan shall request that an additional three ! parking spaces be allotted as a compromise to his dilimma. it is therefore requested that the City Council approve Mr. Zeidan s request. since exceptional circumstances do exist to justify it and a denial would result in an extreme prejudice to applicant. P.espe tfull,y submitted, DANIEL C. C.ULTON DCCI Jef ' a r' r ' �/err■r■■.....,....,.�r. huntington beach development services department STAf P 0 R TO: Planning Commission FROM: Development Services DATE: June 2 , 1987 SUBJECT: APPEAL OF THE BOARD OF ZONING AD.TUSTMEI+iT°S DENIAL OF USE PERMIT NO. 86-94 IN CONJUNCTION WITH CONDITIONAL EXCEPTION (VARIANCE) NO. 87-1 APPLICANT/ Adel M. Zeidan VATE AUZET APP T-L&H : 18382 Patterson Ln. $1 Fabrua:"y 6 , 1987 Hunt . Beach, CA 92648 REQUEST: Appeal of the Board of Waived by opplicant Zoning Adjustment ' s denial a request to permit the 2= : C2 (Cor.�nuni ty . sale of . alcoholic svaj.ness District) beverages at an existing convenience market in GENERA : medium conjunction with a request Density Residential to permit five (5) perking spaces in lieu of the ZjL5M= USE: Convenience required twelve (12) market: . spaces . LOT SIB: 5,750 squaLe feet. WCATIOfi: 301 Seventeenth Street (northwest corner of 17th Street and Olive Avenue) log Mill This item was continues] from t,ha Planning Commission meeting of April 21 , 19871 at the applicant's request . The attached staff . report dated April 211 1987 provides an analysis of the request, .and appeal . At the April 21 meetings the Planning Commission requested ' clarification of ritaff 's respVnse to the letter from the appellant Is representative daCId April 14 , 1937 . The letter ref-i•rs. to , ABC Form 15 5, Z Q Q-ina_' ,&€fiAJ.Y i1. which was signed by the City in. March, 1985 . This is addresued an the memorand= from Susan Fiierce to Glan Godfrey dated May '78, 1987, attached .to this . report . One additional letter in support of the project has been received. f I tt _M- . Staff recoaocaa+nda t 1 h ' t..the Planning Gommisaion uphold the Board .of , r `'. zoning Adjustment ' s denial and deny the , appeal bmaed on the analysis •,and findings contained in' the attached staff report. 1. Memorandum from Susan Pierce to Glen Godfrey dated May 28, i987 2. Staff report dated April 21, 1987 JW ;:LP:kla I r V' s • Staf f ' Report -- 6/2/137 _2- r v C-2 USMI'1±,_ 119 . 16-62 at CON OCCTION HIMi C013121Ti011AI, EXCEPTIOtt ( HUNCE) no , e9- 7 APPLICAaT: CHARLES AND ROSEMARY CARTER An appeal of the Board of Zoning Adjustment' s denial of a request to permit addition of two units to anexisting duplex with non-conforming setbacks; along with a request to permit a 12 foot wide driveway in lieu of a 20 foot wide driveway, and to permit a balcony to serve as private open spare in lieu of a patio for one unit . This item was continued from the Planning Commission meeting of May 31 19871 in order for the applicants to work with staff to design an alternative proposal . Since that meeting, the applicants have s-ibmitted a revised site plan which addresses some of the Commission' s concerns regarding driveway access and parking . The revised layout , however, will require diffarent conditional exceptions (variances) than triode proposed by the original design, and will consist of a total of three units on the site rshher than four . The new project deaription will require re--notification. � LSCQ Jr1ATrQN Staff recommends that the Planning Cot=ission continue, the appeal of Use Permit No. 86-69 and Conditional Exception (Variance) No . 86-67 to the mest; ng of June 16 , 1987, to allow for proper advertising of the revised requasts . A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIEJtCE, TO CONTINUE USE PERMIT NO . 86-69 IN CONJUNCTION WITH CONDITIONAL EXCEPTION (VARIANCE) NO. 86-67 TO THE JUNE 160 1987 PLANNING COMISSION MEETXNG, TO BE RE-ADVERTISED, BY THE FOLLOWING VOTE: AYES: Higgins , Pierce, Leipzig , Summerell , Livengood NOES: None ABSENT: Silva, Schumacher (Out of Room) ABSTAIN: None ?=T01 PSBI�U ETr12li (, ARI CS) rtt}. 82-1 APPLICANT: ADEL M. ZEIDAN An appeal of the Board of Zoning Adjustment 's denial of . a request to Permit the, sale of _a,lcoholic beverages at an existing convenience - market in coniunction with a request to permit five '(S); parking spaces in lieu of the rdquired twelve ( 12) spacers at 301 Seventeenth PC Minutes - 6/2187 -3- ( 8334d) �. nuntington boach develo . - prt+ nt serwIcea department SrA f f ._........._.�.._..REPORT - TO: Planning Commission FROM: Development Servicrs DATE: April 21, 1987 SUBJECT: ,APPEAL OF THE BOARD OF ZONING ADJUSTWENT' S DENIAL OF USE : ?ERMIT NO. 86- 94 IN CONJUNCTI02C WITH CONDITIONAL EXCEPTION (VARIANCE) NO. 87-1 APPLICANT/ Adel M. Zeidan AIT LLANT: 13382 Patterson Ln. 81 February 6, 1987 Hunt. Beach, CA 92648 tM,pMY PR4r,. 50WLJ2&Tz Appeal of the Hoard of Waived by applicant Zoning Adjustment' s denial, a request to permit the ,Z,Q2 `C2 (Community sale of alcoholic Business District) beverages at an existing convenience market in GENERAL PLAR: Medium conjunction with a request Density Residential to permit five ( 5) Parking spaces in lieu of the XX, : Convenience required twelve ( 12) market . spaces . 5, 750 square feet LOCATION: 301 Seventeenth Street ( northwest corner of 17th Street and Olive Avenue) 1 - Q SUGGESTED ACTI02�: Uphold the Hoard of Zoning Adjustments denial and deny the appeal based on the findings outlined in this report. .2•Q--USUAL INE MATIOH: On January 28 , 1987, the Hoard of Zoning Adjustment ' s denied Usti Permit No . b6--99 and Conditional Exception No. 87-1 by a vote of 5 to 0 . The applicant has initiateb the appeal because he feels that the proposed use will not adversely impact the neighborhood, and that the requested reduction in parking spac6a would not constitute a grant of spacial privilege. ^f . ' �i�.i1r�• ..ICI ■ �p�A.I�A1 .w1wr1A'�Y I���� .. A.IW&I11 i 3 .0 SUAI)IMDING LAND USE, ZONING ,AND Cit North bf ig Pcoyerty: medium .. GEkRAL PLAN DESIGNATION: um Density Residential ZONE: C2 (Corranvnity Business District) LAND USE: Office Building East and Wes Q Subject Property: I GENERAL PLAN DESIGNATION: Medium Density Residential ZONE: Townlot SpeciElc Plan Section ' Be LAND USE: Residences ZQuth. Of _5ubJ!9ct _Prope=• GENERAL PLAN DESIGNATION: Medium Density Residential ZONE: Townlot Specific Plan Section 18' LAND USE: Vacant Tavern A - I LVI,BSIMNIAL ST81 The proposed project is exempt Class 5 Section 15305 from the provisions of the California Environmental Quality Act . I Not applica` :.e . I Not applicable . Q....NPFQSEIC PLAi7: Not applicable. I' �s..2. SLtDDIVISZON 00�'F�: Not applicable. 210 ISSIJES AtIp 1&N18LX5TC i The , existing convenience market at 301 Seventeenth , Street was I approved by the Hoard of Zoning Adjustments on March 20, 1985, , Use Permit No . 85-14 . The site was, at the tfrrle, zoned (Q)d3. (Qualified 'General Business District) ; The., quialification, requi t J that,:na access .�be taken from Seventeenth . Street, and thm a use j .� permit be `approved for all new 'development. staff 78 ff Report 4/21%a7 , t �2�,;L 92d) i } The C3 lone allowed grocavy and fruit sto'r,es as a permitted use subject to the provisions of the C3 zone, including a parking ratio of one space for every 500 square feet of building area . Other co=tercial uses that were permitted is the Cl, C2 and Ca districts were also permitted In the C3 zone, provided that any suct,, use subject to a site plan application (such as an admlrtis� rative review) was subject to the same regulations as in the Cl , C2 and C4 districts . Among those uses permitted in the C2 zone upon approval of an administrative review was " liquor stores and on-sale liquor establishments" (see old code sections) . Thus , in order to sell liquor in C3 zones, an entitlement was required , and by Code, the use was required to meet C2 ,andarCts, and including a parking ratio of one space for every 200 square feet of building area . The site in question, given the building design proposed by thn applicant , could accommodate only five (5) parkinq spaces (Srqual to one space per 500 square feet of building area) ; this was in accordance with a gro::ery market only in the C3 zone . Therefore , a condition of approval was placed on Use Permit No . 85-14 that ' this a�pxoval is granted to establish a grocery market . Alcoholic beverage sales are not permitted Without approval of a use permit in compliance with C2 standards . " This was not an arbitrary condition imposed, by the Board . . Alcohol sales, by Code , required more parking than the site could accommodate. The applicant accepted the f conditions without an appeal . in April 1986 , the site was rezoned by the City from (Q)C3 to C2 during the course of rezoning all remaini7, , C3 districts , in the City to other zoning designations . Currently, C2 zoning permits both convenience markets and liquor stores (subject to appropriate entitlements) at a parking ratio of one space for every 200 square feet of building area . Ana�.vs i s On January 28 , 1987, the Hoard of Zoning Adjustments denied Use Permit No . 66-94 and Conditional Exception No . 87--1, a request to permit alcohol tales at the subject location, along with a request to permit five ( 5 ) parking spaces in lieu of twelve ( 12) required by C2 standards . Several residents testified at the hearing in oppogitlOn to the proposal . Among the mrjor concerns cited ware increased traffic in the allei►, loitering, double parking A the street, and incompatibility of liquor sales with the surrounding residential area . Several letters were also received in opposition to the sale of liquor . Three people spoke in fevor of the proposal (see attached minutes) . Tse applicant submitted an appeal of the Board's denial , along with 154 signatures in support of alcohol sales . since submission of the - k appeal, approsima'..ely 1, 500 signatures in support have been submitted. - . staff Report - 4121/87 -3- Mr . Zeidan contends that the C .ty change6 the a,oniug oz his property after he pulled 'a permit to build a store with intentions of selling alcohol, thereby increasing his parking requirement and creating a hardship. Although the City dil initiate a zone change from 0 to C2 aftar the applicant had puller building permits and started construction, the previous C3 zoning only allowed alcohol sales if the u2e complied with C` standards . The approved use permik (Use Permit Na. 85-14 ) had a condition wh16i cleanly stated that a use permit would be required in order to sell liquor and that C2 standards would have to be complied with. Therefore, 12 parking spaces have always been required for alcohol sales , as was reinEorced by the condition of approval for Use Permit No. 85--14 . The appellant also contends that granting of his regvests would not constitute a grant of special privilege, bocause other restaurants and liquor sores in the vicinity operate with less parking than is required by Code. Many of the examples cited (see letter of appeal) are existing legal non--conforming uses which, when expanded or recycled , will be required to conform with current Codes . Several other businesses cited are in the D-owntown Redevelopment Area (China Wok, Mozzotti 's, The Shed, Pete' s Mexican Food) and have agreed to ,participate ir. a parking assessmeAt district when formed by the Redevelopment Agency, to provide the required parking . Eldon liquor leases the adjacent City owned lot for parking . All new ,s.ruC;turas or uses , such as the appel%nt ' s, are required to conform with current parking standards . In ;, letter submitted on April. 15 , 1987 , the appellant ' s rept .:sentative states that ABC Form 2-55 (see attached) signed by the City in March, 1985, indicates that•, alcohol sales are a perraitted use on the subject site. The form. signed by the City does not grant automatic permission for alcohol sales . It states the fact that such sales wero.� allowed in the C3 zone subject to administrative review, and per Code would have had to comply with C2 standards . � The appell.ant ' s grocery store does not meet these standards . Staff recormends the Planning Commission uphold the Noard of Zoning Adjustment ' s denial and deny the appeal based on the following findings . EII112lHG,S FOR E2EHIALd - con ZTtoqAL EXCEPT.Irom fUHIANC ..HO. 82- 16 1 . Because of the size, configuration, shape ,,cnd lack of unique topographic features of the subject property, there-does not appear to be exceptional or axtraordinary circumstances or conditions applicable to the land, buildings or premi'aea involved that does not apply generally to propectr or clAss _oE uses in the same district . The lot in question is of ` regular „ size and shape, with ' no unusual topographic -features . 2. Gra:�tfnq of Conditional: Exception Na. . .a7..1 would constitute a special_ pri'vile'ge inconsiste.-'.. With-, imiitstions,..upon , Proper in the vicinity. . New,,stiucturees or._ uses are requi red tc� conform with'`curr+ent applicable codes . , . P2d StaffReport - -4/21/87 -4-- ,• ; ya :,� 3 ,9 ` Exc4ptional circumstances do not apply that deprive this subject c, a t privileges h same . Pr ? X of r p q s enjoyed by ottier properties in the a s zone clasaffications . The appellant 's existing grocery, market ran continue to operate, however addition of a n6v use (alcohol sales) requires compliance with the current codes . un PERMxT so. 86-94: 1 , The establishment, maintenance anj operation of the use { (alcohol saes) will ba detrimental, to th,j general welfare of persons working or residing in the * vi,cinity. Additional parking required for liquor sales will not be provided, creating a t ral*fic hazard at the intersection of 17th and Olive, and in the adjacent alley. ` + . The establishment, mai tenance and operation of trQ use will be detrimental to the va►1:!e of the property and improvements in the neighborhood becat;se liquor sales will generate additional commercial traffic in a predominantly residential Area . is 3 On--site parking a,,.d circulation are inadequf ce to accomodate the additional traffic generated by alcohol salve and have the potential of creating a congestion and circulation hazard. The appellant currently has an existing grocery market which can continue 'to operate with the existing parking ratio . Overturn the Hoard of Zoning Adjustment ' s denial and appr-,:., e Use Permit No . 86-94 and Conditional Exception No . 67--1, base:& on findings and conditions of approval. i 1 . Area trap 2 . Site plan 3 . Letter from appellant dated February 5 , 2987 4 . Letter from appell.ant ' s repxesentative dated April 14 , 1987 5 . Hoard of Zoning Adjustments minutes dated January 28 , 1987 60 Old Code sections for C3 and C2 zones JWP:LP: kla r 1 Staff Report -' 4/21/87 (7892d) . j M2-()I-CZ �Jtf � r .� ✓ •� s 10 �. _ r A � � • � i ,�.�ctr�ron s1� KUNTMOT N : WA PLANNIMQ �DIVIS�tOW %Blow a/ -.ram ter•- - _ �,;ff:: is i`_r3 2I� ��.. � ••• � _ ,� r �;3 ,�.,f,; ltil1YdH?Md . � :(•R1TlJt_T1�•�rj iw�tN1 • • }� _t � •. :`. � • - ¢1.•....��•.�..�r.. ••'•IL.•••M \\•Y • - �`. " - -- it `•••+�.••....•�.+.�.•.•r..•I• " tf �.�-. 1 _-__ ....• .�....,.� / ..+.tr t�-� ���c wry j��� _ ..�...•. ••» •• l---';. T ir.4 l�.��11 • ��.�- rk-'I �T.r �•aas 1:r�•}.A nai� / .A•li �K..f•- t'L. L •�.-+•�•••V �•Jr•1•♦♦•,4•H� - _ � -. _ J . 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I. �^.:.:.+..r7i•:.�a -.... �w..n...p�. � ..r=r •..�• .�. .. . i - 1.'iy•it.1{di �l+N a•l�.fiA.r• - - _ :_ - r 1 - L. .. ../'-"•`►•..•Nh. py..•.�• f .rw. ..n. w�i_1 �y 4.•�a.t+I *--bW- 200%-P i..6*s Sffbrta - - '� - ... ` �wt�+# it.�a.•f�.a.�f►f�M•+ _ - .�- •mow,_•' .. do LZE to • • «• t.rw t w•-••� •mow�/Y�..• ! ?w t . '� �� :04 ell - , phis it '. A nil 21, 1P87 Continued nued from the Planning Commission meeting Qf om �►ae coati rue P a applicant ' s request . ENVr The proposed project is exempt Ctars 5 Section 15305 from the prov;aions of the Cz.li.fervi : environmental Quality Act . STD '1002AM4H : I ' ( Striff recommeiOs that the Planning Commission 'uph.old th© Ovazd of zoning k'Jus;ment ' s denial and deny the appepi based an the analysis and findings . THE PUBLIC Hi»,AR Y yG WAS OPENED Dan Carlton,, : attorney representing the applicant, spok-e in support of the request . He stated that parking seems to be khe primary t concern of the ra4idents in the neighborhood and that ",st busineos I is walk-in business . He further stated that parking i.r availabao on two streets because of the stores location on a corner. Mis client believed that liquor rsalea would be allowed before he invested one-half million dollars . Natalie Kotsch, 1722 ?ark Street, spoke in sl%ppor.t of the .equest . Sha stated that Mr . ?. flan is a good merchant and buaineasmar. and his store is an asset to the neighborhood . i rived A. Foreman, 301 20th . Street, spoke in support of the request. He feels that the market is an enhancement to the neighborhoc?.. Kay Seraphina , 509 17th. Street, spoke in opposition ,to liquor sales at the market . She stated that• at the Hoard of Lansing Adjustsrint's meeting the applicant agreed to no liquor sales at the warket . Sharron Li li , 221 17th. Stre6,t, spoke in opposition to the request. She feels that there is too much traffic in the area now ar,d that the market does not provide suffient perking . ' Frank Eappia , 226 27th. Street, stated that the neighborhood la now being . upgraded to single family residences and that that Boar, of ;oning Adjustments ma; a good decision uh&n they denied this request. He feels that C2 zoned property should require more parking and t.'. `, the setback of this market is not in Conformance with the codes., ii® furt.%ar stated that there is already m liquor store up the street f rosn this mr.,rket and does not, feel the. ,a,treet requires another liquor store. He )-aquested that the Commi.tsion' uphold the laws and ordinances to protect the citizens in' the araa. Rick d Darn, 228,. 11th . Streshp spoke in opposition .to the roq,uest. Ha ' feels that it will increase traffic and lofitering. ;,n the arrea.. PC Mintitess e2i'67 �4- Kenneth J. Goldan, 171.7 park, representative of the liquor store owner to the north of this market, spoke in opposition to the request, He stated that the market is already encroaching on the business of his client ' s store and with the sale of liquor will .... _ increase. .._He does not feel that t the request should be granted since the applicant is net even providing 50% of the required sparking . Frank Mirjahangir , designer of the building , spoke in support of the request. He stated that the building , which was designed to be a grocery store , met all Q-C3 codes and has improved the corner and alley by $25 , 000. He said that he was in httendance at the F . '%rd of Zoning Adjus�ments meeting because the applicant Was out of the country. Liquor sales were denied becauso of the shortage of parking and he agreed (without the approval of the applicant) that there would be no liquor sales at the market . He feels that the store improves the neighborhood. Carol Hancock, 503 17th . Street, spoke in opposition to the request . She feels »hat since the store is located so clone to the beach area and that there in already a liquor atoro in the area that another one is not needed . Paul Columbus , owner of ~ha property next doer to the market, spoke in opposition to the request . He feels that liquor sales would datericrate the neighborhood. Gene Shaw, resident in the neighborhood, stated that everyone should be governed by the same prey14se . There were no other persons present to speak for or agai:r.st the project and the public hearing was closed . Some Cor=issionsrs felt that the store is an asset to the ' neighborhood and that most of the traffic is on foot , however they felt that the market st:ould be in compliancewith the codes and since there are no unique circumstances present on this site that over 50 pee ant variance to the parking requirement cannot be granted arbitrarily. A MOTION WAS MADE 9Y SClitl'MACHER, SECOND BY NIGGINS , TO. DENY USE PERMIT NO. 86-94 IN CONMNCTION WITH CONDITIONAL EXC".PTION (V&RIANCE) NO. 87-10 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES : Schumacher, Higgins , Leipzig , 5ummerell , Livengood NOES: Silva , Pierce ABSENT: none ABSTAIN: None �jQ� PASt�ED t pC Minutes &/2/87 i 1 . Bewause of the size, configuration, shape ai.d lack of unique topographic features of the subject property, thers dogs not appear to be exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that doss not apply generally to property or Glass of uses in the same district . The lot in question is of regular size and shape , with no unusual topographic features . 2 . Granting of Conditional Exciptfon No . 67-1 would constitute a special privilege inconsistent with limitations upon properties in the vicinity . New structures or uses are required to conform with current applicable codes . 3 . Exceptional cizcumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the same zone classifications . The appellant ' s existing grocery market can continue to operate , however addition of a new use (alcohol Sales) requires compliance with the current codes . FZUDIN ,S ,FOR DENIAL. - USE PERMJ VQ O 8 d-. 4 : 1 . The establishment , maintenance and operation of the use (alcohol sales) will be detrimentAl to the general welfare of persons working or residing in the vicinity. Additional parking required for liquor sales will not bo provided, creating a traffic hazard as the intersection of 17th and Olive, and in the adjacent alley. 2 . The establishment , maintenance and operation of the use will be detrimental to the value of the property and improvements in the neighborhood because liquor sales will generate additional cemmereial traffic in a predominantly residential area . 3 . on-site parking and circulation are inadequate to accommodate the additional traffic generated by alcohol sales and have the potential of creating a congestion and circulation hazard. The appellant currently has an existing grocery market which can continue to operate with the existing parking ratio . C-a LAND US EL09111 AMENDMENT -9 7-.2ZFWIIHQ=JIThL IMPACT,._REkW. D,7-2laQNF�LNA Ii8N�1,r2E ELE NJ AE1Q NT OZ-2(C) - .AgrA Z . 1 is a private request to redesignate 65 acres located on the north side of Warner Avenue, south sides of Hail Avenue and 600 feet East of nolua Chic& Street from Low Density Residential to General Commercial and Hodium, Medium High and Senior Residential 10 PC 'Mi.nut os - -A/2/87 ..8_ (83344) I ¢'"R'Iki4tan beach' dvvoiop r, t. rakes do" Qert meet • ,ter, STA' f f RT+..•..w.aw. E O TO: Planning Commission FROM: Development Services DATE: June Z, 1987 SUBJECT: APPEAL PE AL OF THE HOARD OF 20NING ADJUSTMENT' S DFNL4L 6F USE PERMIT NO. 86-94 IN CONJUNCTION WITH C011DITIONAL EXCEPTION (VARIANCE) VO. 87- 1 APPLICANT/ Adel M. Zeidan ItAT B ; APRFLLANT: 18302 Patterson Ln . 01 February 6, 1987 Hunt . Beach, CA 92648 r9.aNMMY REWESSIN QUE: Appeal of the Board of Waived by applicant Zoning Adjustment 's denial a request to permit the Z=: C2 (Conunun i ty sale of alcoholic Business District beverages at an existing convenience market in SF3EBA.- PLbli: Medium conjunctia:, with a request Density Residential to permit t.:Ye ( 5) parking spaces in lieu of the S.JGSTII3S....V.�.E: ConvenioncQ required twelve (12) market . spaces . JwQJ.,.51ZZ: 5, 750 square feet LOCATION: 301 Seventeenth Street (northwest corner of 17th Street and Olive Avenue) 1.,& QXSER,hL 1 NE T Ii: ' 1 This item watt continued from the Planning Commission meeting of April 21 , 1987, at the applicant ' s request . The attached staff report dated April 21, 1987 ,providers an analysis of the request and . appeal . At the April 21 meeting , the Planning Commission requested clarification of staff' s response to the letter from the appellmnt 's representative dated April 14 , 1987. The letter refers to ABC Form 255, Zoning Af E davit, which was signed by the City in March, 1985. This is addreaaed in the memorandum f r; m Susan Pierce to Glen Godfrey dated May 28, 1987, attached to this report . one additional letter in support of the project has been received . C mac• _ ! a . Q R&QO=gnATrQH Staff recommends that 'th6 Planning Commission uphold the Bo&rd of ` Zoning Adjustment ' s denial and den the y appeal based on kha 'ane173is and findings contained in the attached staff report . 1 . Memorandum from Susan Pierce to Glen Godfrey dated May 28, 1989' 2 . Staff report dated April 21. 1987 JWP:LP: kla t� i i . ~ f `I-- 1 - - , it' 1-. ,1c_r r«c1K:Fis( .�t -.•.,. ;R : .t,,.. ,_.'yr _.�-� •wwr7War. ..� r..�wwrsM•Mnlrw...W.y/.•:.r!rC.i� t"11 CW HUNTl 70fil U6ACH Ca '`'�' INTER-DEPARTMENT COMMUNICATION .r, To Glen Godfrey, Deputy Director From Susan Pierce Development Services Associate Planner Subject ALCOHOLIC BEVERAGE LICENSE Date May 29, Iq3? AFFIDAVIT 301 SEVENTEENTH STREET For many years, the State Alcohol;c Beverage Control Department has required all applicants for any type of alcoholic beverage license to file a zoning affidavit. Thla affidavit uses the term "Conditional Use Permit (CUP)" and requires indication if a CUP is required. At the time, the affidavit was completed, the subject property was zoned C3 and required minimum entitlement by Administrative Review or as required by Cl, C2, or C4 require— ments for those permitted uses. The Administrative Review application was toted on the affidavit form. In no way was this affidavit intended to approve the sale of alcoholic beverages. Although a CUP was not required, It should have perhaps been noted as required In order that both ABC and the applicant were put on notice that a hearing world be required. Subsequently, it Nvzs learned that a previous tole change required entitlement by Use Permit. Use Permit No. 85-14 was filed 'sir a mini marke, and rejected because of noncompliance with Cl/C2 standards. The Director deterivined that the use must be selected from S.9453 Specific Business In corder to be allou•Lzt to develop under C3 parking and setback requirements. Condition of Approval No. 2 approved a grocery market and required a new use permit In compliance with C2 standards prior to the sale o; alcoholic beverages. On )'.lay 12, 1987, a telephone► conversation with the ADC office in Santa Ana confirmed that the ABC has not been issued and Is pending because protests have been filed. SP:gbrn r kk. `5270d) -- 4, ;i., i-.-.br+.r.�a.�'1?tq..t•aV'w..i..-...ww.+.► .. .w i;•mot K,...i �r3 �' �kl.'.'le'',`v�I`%'`.:i}t.s.r.�u.+..1 Pt2zu 'r. s:•.. k -16 .. nuntlnQ on • nt servicos depart *tit 15TA REPORT-- MN To: Planning Co=nission FROM: Development Services DATE: April 21, 1987 SUBJECT: APPEAL OF THE BOARD OF ZONING ADJUS7?MNT0S DrxrAL OF USE PERMIT VO. 86--94 IN CONJUNCTION WIT11 CONDITIONAL EXCEPTION (VARIANCE) NO . 87-1 APPLICANT' Adel M. Zeidan I? TE_ AC('EETZD: _ APPELLANT: 18382 Patterson Ln. #1 February S, 1987 Hunt . Beach, GA 92648 MMATDRY $ Appeal of the Board of Waived by applicant Zoning Adjustment 's denial a request to permit the ZM: C2 (Cormhzuni ty sale of alcoholic Business District) .beverages at an existing convenience market in aF.NZIML FL&N: Medium conjunction with a xequest Density Residential to , 1 spacesmin lieu of) therkin9 Z Convenience !5 P ST3.H.�..�.1�.E required twelve ( 12) market: spaces . i 1'!QT 5, 750 square feet LQCAT.ION: 301 Seventeenth Street - S (northwest corner of 37th Street and Olive Avenue) Yl . 4 „SUGGEsm AGTIU 4 A � _.....�.�r-.ar•Cyr.,W!".O.M .�.�.r.•�.. •e;+r.�•.. ..� •w•wrw.w..•'+•�.w.ww+.r. ;� Uphold, the.,Bo.ard„of,Zoning.,Adjustments denial and deny the appe i ' °f based—o"n•"thei"Iindih4s";outIIned `in - this report O Z�SL GEa�AAL 2N�OP..'KATFON: { On January 28, 1987, the Board of Zoning Adjustment ' s denied Use Permit No. 86-94 and Conditional. Exception No . 87-1 by a vote of 5 to 0 . The applicant has initiated the appeal because he ,foels that i ' the proposed use will not adverselyo Impact the neighborhood , and that the requested reduction in parking spaces would riot constitute a grant of special privilege . , •-..... IrHfMM11{MIyYiMw..•r.. .nwMr tip• 1.?-:.YM.wWMi^risr«•.Ny• an S NQrrh�f Subiect p�c�perty: GENERAL PLAN DESIGNATION: Medium Density Residential ZONE: CZ (Community Business District) LAND USE: Office Building a2t A130 W it ! 5bect„••Brorerty: GENERAL PLAN DESIGNATION: Medium Density Residential :ONE : Townlot Specific Plan Section 'B* LAND USE: Residences South of Su Ject Preoerty; GENERAL PLAN DESIGNATION: Medium Density Residential ZONE: Townlot Specific Plan Section OW LAND USE: Vacant Tavern 0 Eli R E=13L STAJUS : The proposed project is exempt Class 5 Section 15305 from the provisions of the Califoinia Environmental Quality Act . .519 C96STAL ST,US: j Not applicable. •- � I gig ... F WPlMENT STATUS _ I Not applicable . j 2, 0 SPECIFIC PLAN: Not applicable. AL- 0 sunr YIS LQH CSL=T_i'EE: Not applicable. r5SUESD1 12ALYSis: 1 acttaroun� The existing convenience srsarket at 301 Seventeenth Street was approved by the ` Board of Zoning Adjustments on March 20 , 1985, as � • Use. Permit No . 85-14 . The site was , at the time, zoned (Q)C3 (Qualified General Business District) . The qual.ificat,,►.on , required � that no . access be taken from Saventeenth Street And that a use permit . be approved for all new development. 611 Staff 1�lpark . 4/21/E17 The C3 zone allowed grocery and fruit stores as a permitted use subject to the provisions of the C3 zone, including a parking ratio - of one space for every 500 square feet of building area . other comaercial uses that were permitted in the C14 C2 and C4 districts Were also permitted in the C3 zone, provided that any such use subject to a site plan application (such as an administrative review) Was subject. to the same. regulations as in the C1, CZ. .and C9 districts ::1_Among ,those _use� permitted .in the CZ tone upon approval' of.. an.,adminf stre'tive'"review "waa 'aliquot.:storss-.and on-sale-liquor esta2�2 sximents"` sea old- coda.sectionS)' ,, Thus" -rfi order `to s'all' liquo' C3. .=ones., ,aa,,entitlem,ent' was'`tequiced,' bnd by-Cod©�';ttfe ,�, use-wa �e�'Ured ta' t�ee�C2-si tendards;•dand-including a •parkingHrot3�o io.f..Qn $ . ► oc lOQ -equ+mre f6a►tQ ...bui24nq _ azea ..A... --...._..' The site in question , given the building design proposed by the applicant, could accommodate only five (5) parking spaces (equal. to one space per 500 square feet of building area) ; this was in accords-ice with a grocery market only in the C3 zone . Therefore, a condition of approval was placed on Use Permit No . 85-14, .,that., 'thi,s c approval..i g nted_,_to establish a grocery market . Alcoholic.,3 bev6raga .as es: ,a= not.,,permi tted without approval of -a-usc3 'pcev i t l f n icompizanceMrsith"CV standards zmmThiB .was-►not+:aniarbi trarywcondit-ion--% irnpos*ed-*_trr-,th Board_ Alcaholisale3o-Eby'=.Codej,, required .aore.pac,kingj than ,, a *Zo MW# accomrn�odate. The .applicant, accepted the -cond' thou S app®a13 A .. In April 1986 , the site was rezoned by the City from (Q)C3 to C2 during the course of rezoning all remaining C3 districts in the City to other zoning designations . Currently, CZ zoning permits both convenience markets and liquor stores (subject to appropriate entitlements ) at a parking ratio of one space for every 200 square feet of building area. 8 lV5 Onr. an a'''" , . 3�3 the. aoard .of Zonx q?Adjustments, derti~c..,. ...•d"'Use ..,.r-� L. Permi,CFo�, 8E=9dCond' '[" onnl`"L�acepion; jig rcgvest. to ...... . �•' pe�cmis;��btsl�sale�kkt;�ths�subject:�locatf�n;���r�nQ,,uith�a�,r�quaeat '. to�;gdrniw � psrkfnq' ap�eceac• ire '�t'e`u..of tw�Ive- 1? require"�byf � v2 ►s;tand'ard Several residents testified at the hearing in opposition to the proposal . Among the major concerns cited vur© increased traffic in the alley, loitering , double parking in the street, and incompatibility of liquor sales with the surrounding residential area . Several letters were also received in opposition to the sale of liquor . Three people spoXe in favor of the proposal (see attached minutes) . The applicant submitted an appeal of the Hoard' s denial , along ilith 154 signatures in support of alcohol saes . Since submission of the appeal , approximately I , 500 signatures in support have been submitted . _ Sts£t . Report 4./21✓$7 . 3» I�7692t1) 1 . Mr. Zeidan conte,.a's that the City changed zoning on his property after he pulled 'it permit to build" e store with intentions of selling alcohol•, ` thereby increasing his. y � parking requirement and cresting a hardship.- Although ,the City did initiate a tone Change, from C3 to C2 efter the applicant had pulled building permits and started construction, the previous C3 zoning only allowed alcohol sales if the use complied with C2 standards . The approved use permit (Use PearmOit No. 85-14 ) had a condition which clearly stated that a use permit would be required in order to sell liquor and that C2 standards would have to be complied with. Therefore, 12 parking spaces have always been required .for alcohol sales, as was reinforced by the condition of approval for Use Permit No. 85-14 . the appellant also contends that granting of his requests would not constitute a grant of special privilege, because other restaurants and liquor stores in the vicinity operate with less parking than ir. - required by Code. Many of the examples cited (see letter of appeal ) are existing legal non-conforming uses which, when expanded or recycled, will be required to conform With curren'` Codes . Several other businesses cited are in the Downtown Redeve; pment. Area (China Wok. Mozzotti ' s , The Shed, Pete ' s Mexican Food) and have bgreed to participate in a parking assessment district When formed by the Redevelopment Agency, to provide the required parking. Eldon liquor leases the adjacent City owned lot for parking . All new structures ur uses, such as the appellants , are required to conform with current parking standards . ln , a_.letter-submitte.•d•&ornrApri1-15,. •. 1987r, the. appellant as representative^.stagthat�ABC, Form 255. (see attached) ' silned - by the 4L f Cit min.:14irchr-'1985-.r:ndicates..thttt alcohol. sales- are:A per.mitted ,Ause signed by. the City doo_,►noti• grant ,automaticae3Fmissiaa�f "' alcohol sales . • 7C staty�-:the fbcL�thet s u clr s'i 2e xr. -- . - • - ..,," ,,.- uerQ��al-lowed zn this C3 zon subject :ta:.adrni ni strative = ' review;,-- `nde .�Codwould=ho'va badto compl�*;with ,;C2"�s'kandsds . ,The app6I.laat;,a_grocery `sLorafidoe:�--rsot. meet tt :►o st•ar►dard� �'` Staff..reco=ends_ that.. the. Planning Commission uphold-•.,the Board, OW, Zoninq_Adjustment ' s denial and deny the appeal based on -Oion ' foIlowing: findiA%�"2w a nq�." F1�YRG�,, FOR AE'Rj L�CGND�jANAL�, a" C'EP'1'�QN �� = t 1 Because of the size, configuration, shape and lack of unique topographic features of' the subject property, there does not appear to be exceptional o:- extraordinary circumstances or conditions applicable to the land , buildings or premises ` involved that does not apply generally to property or class of uses in the same district . The lot in question is of regular size and shape:, with no unusual topographic features . 2 . Granting of Conditional Exception No. 87-1 Would constitute a special privilege inconsistent with limitations upon properties k in the vicinity. New structures or uses are required to conform with current applicable codes . r Staff 'llepart - 4/21/87 -4-- (7892d) y ..3 . Exceptional circumstances do not apply that deprive the s bj ect property of privileges enjoyed by other properties in the some zone classifications . The appellant 's existing grocery market can continue to operate, howevor addition of a new use (alcohol Bales) requires compliance with the currant codsts. g_1?Fti A . VS P xT YA4. 96-94: 1. ; The establishment, maintenance and operation of the use (alcohol sales) will be detrimental to the general welfare of persons Working or residing in the vicinity. Additional parking required for liquor pales will not be provided , creating a traffic hazard at the intersection of 17th and Olive, and in the adjacent alley, The establishment, maintenance and operation of the use w111' be detrimental to the valua� of the property and improvements In the neighborhood becauso liquor sales will generate additional commercial traffic in a predominantly residential area . on-site parking and circulation ere inadequate to accornraodate this additional traffic generated by alcohol sales and haw© the ` potential of creating a congestion and circulation hazard . The appellant currently has an existing grocery market which can continue to operate with the existing parking ratio . 1; , 9..,..ALTERN.UM,MI3Y Overt-irn the Board of Zoning ]Aljustment ' s denial and approve Use Permit No. 86-94 and Condition.N, Exception no. 87--1 , based on findings and conditions of approval . 1 . Area map 2 . Site plan 3 . Letter from appellant dated February 5 , 1987 •4 . Letter from appellant ' s representative dated April 14 , 1987 S. Board of Zoning Adjustments minutes dated January 28, 1987 6. old Code sections for C3 and C2 tones JWP: LP: kla a Staff Report '4/21J87 -5- 7 i 0 Zt1) l XVA IEL C. CARLTQ:i wttowf.Ctr •� Lww ,• ,;"i..wSC. vw►[• iwv. Aagw tiw:OvwG rt.1.CL1+ G• [•..,Or J. {rA„v.[• •tSf rOrrr GRVTtily awvv, •/•�► { .trt• 1wIC aqv CJ!1�A ?[��A. CALt►ORHiA Qid�d• April 14, 1987 Planning commission City of Huntington Beach Huntington Beach , CAlifornia 32b48 Ro : Zeidan Appeal of Board of Zoning Adjustment ' s Decision of January 281 1987 Conditional Exception No . 87-1 Use Perm t No. 6- 4 Gentlemen= This office represents Adel M. Zeidan in his appeal of the referenced matter . Enclosed herewith for your consideration is ABC Porn 2r5, ZoninS Affidavit, which the Planning Department of Huntington Beach considered in Ma:_h , 1985 . Please note that even before development of the subjec,; property, the City indicated to the Alcoholic Beverage Control that the appropriate zonLng allowed for our client' s intended use of a 7--11 type store, and that neither a conditional use permit not a public heating was j necessary . ?or some reason, Mr. Zeidan has unnecessarily had an uphill battle in obtaining from the City permission to sell alcoholic beverages, permission which had already been granted pursuant to ABC Form 255 . Please consider this a supplement to Mr. Zeidan ' s appeal , so that this issue can properly be addressed at the appeal hearing on Apcil 21 , 1987. rf there are any questions or further issues to be resolved in this matter, please feel free to contact one at any time before the hearing. Respe tfullyr, DANIEL C. CAALTON DCC:jsg Enclosure v F ; 'ZONING AFFIDAVIT 1. Applicant. Freniie-t are zoned: •1Jf� .3 c•c�._._...............Y..... a ti -31 etc. ) (State type �.e. � "-Cl-c,. Gs..=N,crc2aL � Resi n � T Doa3 zoning permit intended use:r- Xs3 !io KOVIDE FkW of riU"CAT 119t Of AMICAnOR 3. Conditional Use Permit (C.UrP. ) needed: des .'io...raw■.. �.rw� /�� r�� J�L� If yes: Aare Conditional Use Permit �,ppltcstian filed .A - u . N e and phone number of Planner con.aute:d at PlAnning Depart A � Name; (Phone StLiter)r f Under the penalty of prrjury, I declare the information in this af,*'idavit is true to the beat of any knowledge. I acknowledge that any false or misleading information will constitute grounds for denial of the application for the lieenoe: or if the license is issued in reliance en information in this affidavit which is false or aisleadina, then such information will constitute frounds for revocation of the license so Lsaudd. Signed: i FOR DMARTRM USE .RR M , C.U.P. Approved File 0 Nnied pate If approved, affective date: �1 AAC-255 ost 12-84 ) . ..�•� y " •. ... --_ _. ..uM-wrlww.I.r•+.n+wN•.•,fJ y..i-...,a114 .1.YL• ! y J Adel M. seidan • 18382 Patterson Lanes ! 1 • Huntington Beach, CA 92648 1.1 = I• =; February 5 , 1987 Planning Commission City of Huntington Beach California Hel Appeal of Board of Zoning Adjustments ' Decision January 28 , 1987 Conditional Exception No. �87 I Use Permit No . 86-94 Gentlemen : Adel .4. Zeidan , Applicant for the referenced requests which were denied by the Board of Zoning Adjustments * hereby appeals based on the following grounds 1 . At .he time Applicant purchased the subject property in is 1984 , the zoning was C-3 . Applicant obtained a building permit in Mawch , 16965 and started construction- in March , 1986 . On .May 11 , 1986 , the City of Huntington Beach changed the zoning for the subject property to C-2 . At the time of purchase Applicant intended the com-ercial property to be used as a full-service mini market , appropriately zoned for such at that time , and for the Cis to change the xonina thereafter would constitute an extreme hardship on Applicant # as well as prejudice Applicant ' s business opportunities . 2 . Although a condition of approval for the building of Applicant ' s mini. narkc . was comp! ia::ce with C-2 standards regarding the sale of alcoholic beverages , Appliacant was assured . by city officials that having a liquor license woull not affect the general retail aspect of the market . in facts the city has not done any feasibility studies on the additional traffic problems associated with a liquor store as opposed to just a mini market. The true fact is that the addition of a license for ' the sale of alcoholic beverages would not create any addi.r.tonal traffic hazards , 3. ContrAry to the Board of Zoning Ad justacsnt ' 1s f indial for denial , i . e . , that the granting of hpplicant*s request would constitute a special privilege , the exact opposite would res«lt,. if, the request is denied . The city has g anted numerous businesses the right. to sell alcoholic beverageae even though no arkin •facili.:ie�m ware available. Some of these busines:otr,: iixe � as fol oyes s �,1{" .>W..J ti„411 .. a . Thi Gacden - Isle Grocery Market, ' 601 - 11tb Street ; bevc and wine license Lssued in 1915 ; no parking facilities - the city painted the curb green , allowing for 20 minute parking. b . Weststde Market, 327-11th Streeti full a liquor ; no parking facilities - green curb. L . Steve ' s Liquor , 200 Frankfurt Avenua ; liquor license approved in approximately 1985; no parking green curb in front - yellow curb on East is ire . d, Beach Cafe , 328 1'_th StceetJ on sale beer and wine license ; no parking facility . I't should be noted that the above establishmanto ace not In commercial areas , but rather in residential areas , as La they subject. property . e . Eldon Liquor, 416 Pacific Coast Highways no parking . f . Pergs , 117 Main Street; on sale liquor ; two parking . . w g . Cn " .na Wok ,, 207 Main Streets on sale beer and vine license since 1986 ; no parking . -' h . Mozzotti ' 3 , 412 Walnut Street ; on sale beer and wine license ; no parking. -- i , The Shed , 210 5th Street ] on sale beer and ,f wine 1:.cense ; no parking . west Costa Mexican Restaurant , 11.9 rain t Street; on sale beer and wine license since 1985 ; no parking . ; -� k . Pete ' s Mexican Food , 213 Sth Street ; on sale beer and wine license ; no parking , : 1 IL should be noted that the last four ( 4 ) establishments are re3taurants , which require more parking for custoaecs than a 'fast a"Irvice mini market such as the Applicant' s. There are many other liquor stores in Huntington Beach that. ' do-.not ave appropriate parking facilities . To deny APpli cant''s request would, in reality, be a contravention of the c tyle previous policies. 2 , _-_y ....,.. �.. .,,- ".>. ,,.... -.-.,.. ....-�...w.........,........ - ..,-..,.. .r..,;.7.rf,.,.,,, .- ,.wiW'.�i�' or�i.....,...._ ..+..........n......«.....r..— +rTl�!!'^.� +tee %OMW � ,Y 3 Another finding for denial was that the request would be {, detrimental to the value -of the property in the neighborhrod tl ! hnyone faxiliar with Ountington Beach can attest:, that property values, . especially ir, the subject property°s ,, area, have teen rapidly appreciating and - the aesthetic value of the subject ." building , enhancing the neighborhood, is beyond arcusenw . 4 . Another finding for denial of Applicant ' s request eras that it would be detrimental to the general welfare of persons working or residing in the vicinity . :'his appeal will 'be supplemented by a pall taken by the people who would be afa.ect,ed by, ',this request, and it will be obvious to the iComiiission that Applicant ' s request is a viable one which will further benefit _ the neighborhood, it is therefore requested that the Planning Commission approve Applicant ' s requests, since exceptional circumstances do exist to justify it and a denial mould result in an extreme prejudice to Applicant . Respect ul.ly submitted, ADEL M. ZEIDAN 00 � 1 LP Co •r. NMI c zs S. 94 a W&IGY.n 945 C3 » 'GE CRAL SUSUMSS DISTRICT f: 5 , - 9450 Cuneral Business District j .CCU S : 9�51 Uses Pa.mit_dd S . 9452 Business milt S 9453 Specific Businesses r . `9454 Unas ' Subject to Conditional Use Pernit 5 9456 Parking Requirements S. 9457 Yard Requirements S 9450 General Business District : Provisions ARplicable. The folloving pro- visigns shall apply it the. C3 District: S . Uses Permitted. Any _.uses permitted is the Cl. C2 an C4 •districts except hospitals, convalescent hospitals, sanitariums rest homes , �*rA any uses requiring approval of site a III ipp icaticni�n tba Cl, ;A, and C4 dixtricts shall be eermdtted subject to ma or such uses in tb " erict t 4 � ;he uses set out in .,ection 9452 and 9453 shah be perzi.tted in th* C3 district sub- ject to approval of an administrative review application by the BoArd 'f Coning 44.d juustments . (1358, 1602 - 9/70) S Business Off:zcs, Offices of persons eng,agesd Ln businesses, profe9siona . or trades . (495) a - S . 9653 Specific bus inessee: Subject to the further provisions of this Article, the follwing businesses are pemitted: (1 49 1/70) Aud itori=s Autor.,obile Parking Barber Shops Baker-,,, retail Beauty Parlors Book or Stationary Stores Cabinic Shops Churches Clothes Agency or Pressing BstablisbmAmt Conservatories and Studios, but not Motion Picture Studios (11%) Dressmakins Shops Drug Storrs Dry Goods or Noti.one Stores Fee& and Fuel Stores Florist Shops ' G dv'>- carry and TruiC Stores „ (ardware and Applimme Storms C%1, 1194) scoters Mast and D Ifcatesssn Stores e, starts sad' Markets r . rserrant:. , -llewF+aper' Publishir4 �,- 9453 ...� COMMERCIAL DISTRICTS 7V PLANNING .IV 1-IYII Photographer Pl vmbingj Shops Printing Shops Radio Sales and Repair Shops Restaurants , Cafes Shoe Repair Shops Shoe Shops Storage` of goods enclosed ;ritrin a building, but not General Warehouses Tai ),or :Shops Thea teri Tire Shops Trade Schools Undertaking Used Autembile Sales , but it shall be unlawful to store or offer for sale on any used car lot , any vehicle which is not in condition to be legally operated upon ..ay California State Highway . (495) S. 9454 USES SUBJECT 'TO CONDIT!ONAL USE PERMIT. The following uses may be per- mitted subject to issuance of a cond tional use permit: (a) Unclassified uses pur,uant to provis:ans of Article 933. ( 1549-1/70, 1853-6/73) (b) Adult entertainment, as defined in Article 975, and subject to the regulations contained in such articR'e. (2522 - 1I/81) �. 9458 Off-Strec:t Parking, All uses permitted in this District shall provide �� a f-street parking at the following ratio not withstanding Section 9793 . ( 1022 , 1340) { �.} (a) Reca c l Stores - Including Commercial and Personal .,t Zvi ce Establ i stments. One off-street parking space shal be provide or each 600 squars feet o grass floor area within Vie building , or .major fraction thereof; and one off-street parking space shall be provided for each 500 square feet of land outside of a building, 4 or -major fraction thereof, which is devoted to sales . ( 1022, 1340) � (b) Offices - Including Professional , Medical and Dental Establishments. One off- �`` street parking space shall be provided ?or each 50 square tenet F gross floor area , or major fraction thereof. ( 1022, 1340) W Repealed - (Ord. 1853 - 6/73) d Bars Cafes Restaurants Night Clubs Lunch Counters and Bowlin2 Alle s. One off-street parking space shall e prov for each square feet of gross ,• + �``� floor area ,, or major fraction thereof. Additional off-street pvking spaces shall -be provided for establishments with dance floors at a ratio of one space for each rw ' 50 square feet of dance floor area or major fraction thereof. (1022, 1340) r �s'• (e) Motels and Hotels . One off-street parking space shalt be provided for each �+ ti bedroom or guest rood plus two off-street parking Spaces _shall be provided , for the resident manager or owner. If three or more beds are provided in a ;room ,. each 100 square feet of gross floor area shall be consider?d a guest room. "( 1022,1194,1340) One of parking s oce shill be provided for'wh 35 square ( fj Mortuary. P 9 P art fe of gross floor area or ju,1or fraction thereof, in i^oa�s ustd for s+trvfces. { 1 I94 134t3) S. 9456. 1 The size, arrangement, and access of all `parkfnq lots and spaces �.., Shall conform to Article 975. (1194) '+ - ---------- -- ■A ■ ��1� M Iwgl�lw�.��.�r ��'A• �. •. 6 '1 �111 '?:avisis for off-street pa.�king `shall be, located within 3Q(3 taat -irking - - treat at else preaisss It is intended to serve. provided rcxh off a t ac ility' is under the s-am owumirship an the pressises it is lamded to serve , (1022) 5 .. '3456 Any uat permitted in this District m^y be eseapt from any oft-street parking requL meats, provided c:he property upon which said use is +estsbltshed is within the boundaries of w publicly adaininered p+ar.,:ng district and further provided that said parking district is providing the parkin; sputa that would otherwise be rxquirad 1yy this Article for all c i mmarcial dev*laPQ&at within. ,such parking district. (1022) `.'a Bui;eaents Yard �_..._ . �. .,S. 4457�.�...�.,..... - ,._...,.�.._.._....._ A.11 yards shall far zn a s;s a d f resa t+tic a x4 s tf n q property lines or :tors the ultismts right-of•wAy 3.irwcs is oquired by A:cicle 973. (1108, 2166-2/77) S. 9457 :1 Frrnt Yard. None (1108) S. 9457 .2 Side Yard, (1108) S . 57 .2. 1 Exterior Side Yard. None (1108) S . 9457 .2. 2 interior Side Ysrd. Pone (1108) S 9457 . 3 Rear Yard. None (1108) •.a c; i On • t..:: ; ARTICLX 943 - C2 CC!lll ITT 1US1NESS U!STR1Cr 5. 9430 ,uses PERMITTED � . .:, ., ... 5. ''.9gJ1 LIMITATIONS- ON P�??£D USE's SE75AMINMOACKKENT AND OMIA£ DISPLAY AWOR STOUCL - S.; %33 OFF-STRUT PARXINC S. %34 YARD "AUIKDOM . S. 9435 O EM4 Pi'1E T STANDARDS I r S�434 USES PERMITTED. All uses of the C1 district, ta•dether Zith Mae uses enumerAted in sections 9430.2 thtough 4 9430. 5. shall be permitted in the C2, Community budlae&.; District, 'subject to approval of an administrative review application by the board of Zoning Adjustments. (1029, 1108, 1194 1549-1/70, 2434-10/BO) S. 9430.1 Reasled - 9.'drd 2454-10/50) S. 9430.2 The following retail stores shall be permitted: (1532, 1602-9170) A. Automobile sales agencies, with incidental repairs and service. Auto:aobile accessory dealers S. Bakeries (not more than seven (7) employees and with all goods sold on • prr.eoiaes). Bicycle salesWe . t Tkiat and marine supplies C. Clothing stores D. Department stores i�. Electrical, supply shops F. Feed and fuel stores (entirely within a building devoted to retail axles) . Florist shops Frozen food lockers (retail only) Furniture etorea fi. Hardware stares ti Ice :atoaae houses (limit capacity to five (5) toga) . Jewelry', store L. Liquor store♦, a<ad -+ant-eale liquor eXtabllahwrots llctokycte th iacidental vt*41rs.Akcd e4rvLc• r 1:.�:1' ,� ��f' 1 � �i�i.4. �',i.r *'�ltj' � • �� i'� � !3' +, �� �' ��� .r h ,,i�Ltt'l ik(.�I�V,. �� .:9� t� ,.n s '1�.Y'�.'..tn:•te,=I 1 .•! t, '•�� s t �. i ti Jr .,.d (�° �r,;f! t r:i (y.'�/t �� � 3(h�iJ•?'l�y�l�aS,�. �• , �, ,,. ♦"• t• �i�►�N t�M s,' �r 1 ''r .! • �`.' L t �1� - C a4��i° � �. ;. r' i .�• l+ K( /•.ir ,y a '!7. t , �•' + ,+ .1 j• - �y` x .I+Y -:t 4 '71 t "zit! 7�:1;�`�i 21.11 r V- r+ + i -�ay l i a 1 •�� �+! "� r , � '>,i, � e »,, ,t a 1 (is r�-t ,i�+ �Fr .?t �.4 ="' t i.c,t.'.�ia f �vs� �^ ` rr.`� + - � 1 t hn �.��. .w,e. j.Y..t� ? �i`y f�,i t 1�e•����+ Y+�'>�.. 1 S ,F�# L i,sl • !�. / J 1 ..ti r t: i rr `,SL `� t 7i r..Y �1./'. r "k ire ci -.t t. � / 1� + F � j .�. 1.i :1 iti a� y ., -!�•,era 1.�._ � 1 �.g tlt 1.;1: �� k•{�:�P�`'�:i. ';,i�j: t} J� ..�� •fs' .t,s ,.,A.pl+�t";, ,{ l N� 1..,r,Is �.�,, ,t.•�.. .i. a, p` i r,}...,, ;s, � ���.- � � � �r�.�. � �: e+1 . .� ,.r. to - s...,,.K �:. ' r �e ♦ `w .�' r a .:i ,�,3r .f '�y:; . •,vY.v+'.r', . z �" 4.►t..�. •,x,.. 1 tt+:;:.d'tl�:•ll�. a .• .' as l ,,,•� 1.' �t''. ;<..,t r ,:y; i.. t'�:r''`"r+ �:,.1`•.f i�:,,,�.t�- .. . t y:,.: 'i} - �:�� �w- i�ja•. t� },i.,, It i �'; 1 t. ..yc".e;.I;. i(."'_<<.. t :i�. l.,..,a � 't rr 1 4„a.i.t. 1, t�p� ,•l 4;},5.� Ij<s t�+_ �.t `I'.,� ♦" � M.;� � � I j. J t,f..r ��i�.f'�c� �+y .��'p i- i.,x fit- i�E}` y,� ;:,. `•i'�`"`�.a M1 t�t 1•,' � fir. �S � a IIrr.. 1"N. f r r.� ,jt t�!�. ��'-� > t.'Y'��f��. ,. o l +�•K'ti•` .� { � ..r - c , BOARD 0f zonn; ADJUSTmEnTS CITY OF HUNTINGTON SEACH•CALIFORNIA. .� V.d_ 10x 190•42644 PHONE.1714) $36-ssrl USE PERM,;T NO. 85-14 (CONDITIONAL EXCEPTION U0. 35- 14 ) Applicant: rark l�lirjahangir 1556 9 Graham Street Huntington Beach , California 92649. Request : To permit cons.,ruction of a convenience market 1 ' Location: Subject property is located at .101 Sev�,.lnteenth Wtreet ("artiiwest corner of Oliva- itirenue an.: fSeventeenth Street! Date of Approval : March 20 , 1965 t Dea: Applica:t: Your application was acted upon by the 13urtington i3each P.oard of Zoning :%,Jjustren,1_-s on March 1-0 , 1985 , and your re,quest w:.:: Condi viona l l �%pproved . Under the provisions of the Huntington Beach Orc:in�ance Code, the action taken by the Board of Zoning Adjust.aentr, is final unless an c filed , s � r z app..a� i_- f:1 .. _d to the . Planning Cosrw�nis.*xon by you or by an i`ntoreste:: party . Said appeal must be In writing and rnus. set 'forth in detail the action and grounds by which the ripp.Ucant or Lnter+estetl party deems himself a.,grievea . Said appeal c:rtist be accompanied by a filing fee of One 1tundred and Sixty-five Dollars ( $ 165 .00) and s'bmitted .o the Secretary of the Planning Commission %,,�ithin tun ( 10) days of the date of the BO,srd 's decision. The last day for filing an appeal and paying the filing fee for the above-noted application is ."larch 30 , 1985 . - Provisions of the Huntington Reach Ordinance Corte are such that any application becomes null and void one (1) year after the .final approval , unless actual cons ruction has begun. i > • -'�2 ilF:Y.l i� y�il•In.. .. .. . ♦' , l... �,f-. '1 i - - i ;L� 1. r. l '✓ 1 l'1 Use Permit No. 85-1.3 (Condikional Exception No. 85- 14 ) 44arch 208 `1935 Page `Two FINDINGS FOR APPROVAL: 2 . The establishment, maintenance and operation oze the use will not be detrimental to : a. The general t.reifare of persons resi-ding or working ir, the b . Property and improvementa in the vicinity of such use or building . 2. The granting o: the use permit will not adversely affect the General Plan o,' i:he City of Huntington Beach . 3 . The proposal is consistent with the City ' s G;:nera? Plan of Lainc! Use . CONDITIONS v^F APPROVAL : � e , i t sha' 1 L+� subr..i t.te1! di c* Lnr !..h -? ,1i f ra- . . rti r i3Lt. 5.. ._4 p 3n s. .. � � ...+:�..« ..... Lions described herein: a . :"went,.•- five toot ( 251 ? corner c;:c•:� � . 2 . This approval is granted to establish i grocery saarke t . Alcoholic hev,„trage sales are not tted ithaut. alproval of y use per: it in Compliance kith C- 2 stan,lartis . 3 . Prior to issuance o: building pe.-mits , applicant: shall. Y It a f . Parcel map consolidating Lots I an.-3 310 mock 317, I{untingtra r. i SEach Tract 17t~h Stre�.� Section . Said map shhall b-- recorded '• . prior to finail inspection. 4 . prior to issuance of building perm..its , the applicant shall sub:zit the follow-ing plans : ,1 a . Landscape and irrigation plan to the Department of,'Development: Services and ubli Works for r-iview and approval . Rooftop X'echanical Equipi.y,nt Plan . Said plan shall indi- �, Cate s%::yeeninq of all roa ._top ;:echanica l equipment and j shill del ,t:eate the type of material proposed to screen said equipment. Special- architectural treatzent shall be provided on the rear. building ,walls . Such treatment Is 'subject to._approval by the Department of Development Services • if A r 'Use Permit No. 85--14 (Conditional Exception. No . 85-1 ) March 20 , 1985 Page Three 6 The development shall comply with all applicable p ovisi.oiss 'of the Ordinance Code , Building Division , and Fire Deparl_ment . 7, Maximum separation between building wall and property line nh.a11 not excced two inches t2" ? . 8 . All signs shall comply with article 976 of the Huntington Beach Ordinance Code . 9 . Low-volume heads shall be used on all spigots and water faucets . 10 . All building spoils , such as unusable lumber , wire , pips:, ar.•..i other surplus or unusable Material, shall be iiispored cf at ,an off-site facil.ity equipped to handle them. 11 . 1 .1 lighting is included in the parr,i ng lot, h i.gh-p.essure sodium vapor lamps shall he used for energ, SaVIrt:xs . Al ? Guts ideti J . ghting shall be directed to prevert "spil lag, " on,_o adjacent Properties . L2 . h de trai l—ed soils a.na l j s i s shall tr'e prepa r._'': a;1 is Soils ':him analysis shall include on—s,-- -e so." s amp_' i ng are''. 1aborazory tfi,,i ;:g of ma-eri a1:s to pt-ovi !r' detailed rrico-nn- endations recyarding gra,.!ir,g , che::zi �al ar:a fi11, p:opertles , fautilda *%lons , retaining walls , tr.euts , an,,: uti. litlx,S - 11 . If foil- !%ape insulation is to be used , a fire retardant type shall be installed a5 approved by the Building Division. The DepartMent: of 0evelopment SA.;•ices will porfor:z a cc.mprehenoive plan check relating to all Ordinance Code requi r amen t-3 upon ,ubmi l- ' tal of your completed structural drawings . Please be advised !fiat the Board of Zoning t*%djustments reviews the conceptual plan as a basic rcques t for enLi t leMCnt; of the use applies: .or in relation to the vicinity n which it is proposes: . The conceptual plan should not. be construed as a precise plan reflecting con:armance to all Ordinance Code r-equi.rements . it is recommended that you i m..medi u to 1y pursue completion of the . Conditions of Approval and address all requiroments of the Huntington Beach Ordinance Code in order to expedite the processing of -your total application. , , a 1 , ' Yf. s Use ;Permi.t No, 85-1. 4 ;(Conditional Exception No. 85-14) ;March 281 1985 Page ;:.Four I hereby certify that Use Permit ..o . 85-14 was approves by the Board of Zoning Adjustments of the City of Huntint7ton Beach, ' Cali form, on' March 30 , 1985, upon the foregoing conditions and - citations . Very truly ,yotrS , r Glen K. Godfrey, Secretn;_y Board of Zoning Adjustments ' cxG/ih ' I ..ways • ,'.. -., :fit. Minutes , H. B. Board of ` Zoning Adjust. January aa , 19a7 Page ? CnNDITroxAL EXCEPTION No. 37-1 USE PERMYT NO. 86-94 ' 6221icant : Adel M. 2eidAp CZ REOULSTJ To permit five (5) parking spaces in lieu of the required twelve ( 12) spaces . U,P ' REQun5J: To permit the sale of beer and wine at an existing mini-market that is nonconforming for lot size and setback. Subject property is located at 301 Seventeenth Street (aatthwest corner of Seventeenth Street and Olive Avenue) , This request is covered by Categorical Exemption, Class 5, E California Environmental Quality Act , 1986 . Ms . Phillips reminded the Hoard the original Use Permit covering this mini-market had been approved in 198i . ,4;t that time, it was covered by is-3 Zoning standards but. the Code has since changed it to C-2 . The applicant now has a building which is nonconforming for the lot size and setbacks and is asking to sell beer and wine at the Location. He is also asking for a reduction in parking spaces frain the twelve ( 12 ) which would be req,jired try five ( 5) which he currently has at the market . Thsre is a ve foot (V ) wide landscape planter instead of the required ten foot ( 10 ' ) and the market was originally approved for only a grocery roarket with pit alcoholic beverage sales . Notices were -mailed to surrounding residents and Staff has received several phone calls from neighnors expressing concerns . Staff recommended denial of both the Conditional Exception and the Use Permit . The Public Hearing was opened and Dun Carlton ,. 695 Town Center Drive , 9301, Costa Mesa , stated he was an attorney represent.in5; the applicant , Mr . Carlton said the applicant needed the parking space variance in order to sell the beer and wine at the existing .m,arket'. He added he could not: understand where the automobile traffic would be much worse than at present because .it was a neighborhood-t jrpim market with costly `walk-ire" traffic, and thero wee mother Iiquac store within two blockz which hand!4ed most of the baach traffic. Mr . Carlton further stated the applicant: would monitor the location to. make aura there was no loitering or littering . Ms. ehils � aletters � 4�nteceivd . n opposition to the proscwandmhewald like to - read them intQthe •cord. '. •'°' Daryl snith said the names' could be read and the Ietttre could bo put into thf reference. Glen Godtrmy stiid he would like to at,` least 1 objections Mr, Carlton stated he would b* cat oncerned the rx�e�i r about the letters being made a psr� of trii eacord since that ' people who had written them werem not present ` to bs g1ae Qned , ?- 1.lIel47 w 8Z!► iiii Minutes , H . $, Board of Zoning Adiustments January 28 , 1987 Page B for rebuttal by him . Mr . Smith reminded the attorney. these not-ices were sent ::o surrounding property owners, but this did not disallow someone else from speaking or writing regarding the project. ener , -D Eighteenth Streets Wendy �v'.' 218 k. ., � et, expressed concern about the , additional traffic which would be generated in the alley adjacent tc the market and hf:r property. She added people going down Seventeenth Streat to the beach would be stopping thete for beer arrd wine and contint:ing on down the alleyways Kenneth J . Golden, 1717 Park, said he was an attorney representing- ` the owne- of the liquor store mentioned earlier . He .aid Mr . Zeidan had been aware .that he would not be allowed to sell beer and wane when he was issued the Use Permit for construction of his building and he should not now be allowed to change those r#!,�rictions . He furkher mentioned how the liquor store owner had oce:yed 'the zoning restrictions regarding parking , landscaping, etc . , for his location and now Mr . Zeidan was requesting special privileges which" would give him an unfair business advantage . Mr . Golden asked khat the Board deny the applicant ' s request . Another resident, Frank Zappa , 226 Seventeenth Street , said the attor:.,:y for the applicant did not want the letters read ; however . , Mr , x� ,.�1a added, the notice he received had Stated feelings could be expressed in person or in writing. Mr . Zappa continued he had rearranged his business schedule to be present and personally express his concerns aegarding the parking deEiciency . He stated proper parking had been required for the proposed "Pierside Village" � and other new construction and the applicant shovld 'not be granted special privileges . Mr . Zappa added he had not been aware that a market was goialg in on the lot at the time it was being constructed and had assumed it was a residence; but, he had since learned t,v check on new construction and not make assumptions . Mr . Zappa .added he did not feel the beer and wine sales would benefit the neighborhood . - Kay Seraphine, 509 Seventeenth Street , reported that the Alcoholic Beverage Control said the applicant had been granted a full liquor license and not just a beer and wino license. She expressed concern. about drinking on the "non-alcoholic" beach which the City had just taken over and noise which would be generated by people leavin" car motors running while* they made their alcoholic purchases . Paul Columbus , 305 Seventeenth Street, stated he owned the office next door to the market . He said the applicant was asking for x special pri.vile+;es for himself . Mr. Columbus added he did not sere a 3 preponderance for granting the variance when there was another � facility ( liquor store) so close . r �,g� ; 1/28/37 D2A ` f 11 l Minutes , H . Board of Zoning Adjustments --January 28, 1987 Page - q eema teen �h Street , rat�d the issuesp concerning . parking loiteringi running etc. , and objected to allowing the variance . . .., . : . .. . fated he � � '• _ , , r Richard (Doran , s lived :acrd3s the street from the faci lity . me. said the market 'al ready generated a good . deal of traffic, that bottles and ' other. debris are thrown on his property, and the five ' , ( S) parking spaces which the applicant has are very hard to 9et into the way they are po s'i t i oned. He added that the rc a f of the building extends over, the sidewalk and there is not the required five feet (5 l of ' landscaping now . He 'did not feel the applicant shoald be granted further variances . Mike Zeidan said his family had built the structure at a cost of over 'one ours a day, and had built very 'nicee b►�ildin� weon to half million dollars. - they had worked on i t f ft sixteen hoursy, 1 q hLch was an asset to the - area . He added many of the neighbors had commented that the area was much safer with a store at the corner -. that they rr; had previously been afraid to walk along the street . lie stated they I� •,:ould prevent ary loitering, there would be no handouts , and they would keep the store area clean .and nice. Michael Alley said he had over twenty. years experience its . tre 1I.'quor business and the Zei.dins, presently had a good business with,--- .-) a nice b4i ld ing . He added the ' leidans had received permits from tl.!i City for their building and his recommendation was that the Hoard grant per,miss-ion for beer and wine sales at the establishment . Mike J . Morelli, 405 Fifteenth Street , stated he had been going to the market since it first opened and there was no apparent parking problem that the lot was never more than half filled . He added that he lived more than two blocks away but had never driven to the market. - he always Walked . Mr . Morelli said the market should be granted the liquor license . Adel Zeidan, 183'82 Patterson Lane, 01, said he had walked door to door when constructing the building and the people had , welcomed the opportunity to have a ; market there. He added- that at, least eighty-five percet t ( 85%) of the customers walk to the store and he did not Eeel . parking was a major issue . Mr . Zeidan continued that the building, 'had been approved by the Building pepertmerA, Fire Department and Safety . There _ vas no one else present wishing to speak for or against the project so the Public Hearing Was closed . Daryl Smith then asked that the Staff membar read the 'letters which had been submitted to the Board but not entered . into the rocords earlier . He added the letters had been used previously by Staff and Kinutes ,' ;Ii. B.-.:Board .of-, Zoning Adjuist,me, ks 3ahuary 28 , -,1987 page. to by the 86, a'rd today in reviewing .the request, and he beIIe4ed the. appiicant,: and his attorney should be Apprised of the in formation ',,in ., r the letters . UPON MOTION BY SMITH AND SECOND BY gRE'Y D , L ""f£R,E. 5 WER•E '-READ AND ; GQ ENTERED' INTO RECORD' AS FOLLOWS, •'8Y THE FOLLOWING - VOTE: AYES. Crosby Godfrey, oufcey, Krejci , Poe , Smith NOES : , None - ABSENT :Jane "Jose'ph , and Marie Rebhun 1481 Lafayette Road Claremont, California 91711 Phone '624-1192 Board of Zoninq 'Adjustments City of.�' Huntington Beach Gentlemen, ton BeachSeCAf92648 a ` le nenfor. permit to382 sellbaer and wine; atinhe.. PP Y� 9 • permit the.. ,_I .,existing mini-market at 301 Seventeen (sic) Street , 1. fov,-,ph Rebhu�n, 40 owner , of the adjoining residential property, appeal-, to,- yc,1z to deny, such a permit, since it wpuld attract noise ai,:.d misbe'hdvior of drunkards in this quiet, residential section df the city. Sincerely, Isr Joseph Rebhun" "Huntington Seacliff Corporation January 28 , 1987 ntfn' gron Bach Board of Zoning Adjustments 2060 Maine Street Huntington Beach. CA 92648 ' Subject: 'Conditional Exception 87-1 Use Permit 86--94 Gentlemen ,, �iuntxngton Seacliff Corporation urges the Board to deny, the. above . application and, requests, for exce .tions ' f rota the Cit a parking . 14t.. � 9 size, and setbsgk requirements . 1.3 1%14/37 NZA►, Minutes; H. H. soa d' o., foafnq `,Ad `uatiaaots J�nuar 'is , ;" 1987 rage '11 1 HSC.`Inane ens the eeachtown 'C n a ` ' a v en . tr e s h: par�tnt standa e t. 9 -- a ter t , Oraagee and"'Se ei. to th ,S and re-qu .4ta ; the .City to �Im ose cona:sitant derv• o Ids 'on. . all businesses in' ' the area. Your consideration is reitl appreciated . . 9 Y PP„ a W.` R. Ellis/tom W1 R . Ellin . : Vice President WRE/] ~ t: HXMESSMER 2b January 1987 City ' o" f Huntington Beach Board, of- Zoning Adjustments P.O. Box 190 : Hunt1h9ton Beach, California 92648 RE: Condi-i ,._'nal Exception No. 87--I in . c . njuncrion with � 3J F..� 3 et ..tom� Gentlemen: We have - re,ceive'd notification of the pending public hearing Which is scheduled ' to "consider the. above-referenced Use Permit' and CE Request . •We ;,Kist to 9aacauch record• 6s_ bti'•igal� op�tsitioa�o�� �,kthetuseu�aerQtlP Requ�as s in th phis c . ,], c. ion an r q ed 'Ao.t, 1n our .opinion, compatible. . • •Thee provision of , beec.,'.and ,Mf n+� ir. this'. locat�,Qv dose not, lend itself',. to the health saM fit tr and/ot welfare "of the :neighborhood and 'could bee considereid 10over-kill" In , Vi4w of the f r.ct that this comasodity .:(pr product) ip available one ,. block sway at the corner of Orange and 17th Street. ; We are particularly concerned &Sr to the roque2t �o� , a .vat�r-lance,' in . ' the :required number off: parking spacers . To allow 4 use whirh will potentialllt' ' t craeate additional traffic and congestion in ; thin' Chi location will compound an already existing unsafe cgndi tidy,.. i{ s Intersection . A present, . the , pr:azer�cs o,f th• asfiarting: structure createis' a "blind Spot• for vehiculsr traffic turrtf,n . 9 riaght an= +Olive , � Avenue", from; Seventeenth Street., An addition in on stz�eiet : patktnq would further aggravate an unsAfe Hitgation', F lo