Huntington Beach Planning Commission
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2000 MAIN STREET CALIFORNIA 92648
NOTICE OF ACTION
April 27, 2022
Julie Morris
2521 Fairmount Street
Dallas, TX 75201
SUBJECT: ENTITLEMENT PLAN AMENDMENT NO. 22-003 (7-11 GAS STATION
AND CONVENIENCE STORE
APPLICANT: Julie Morris, 2521 Fairmount Street, Dallas, TX 75201
PROPERTY
OWNER: AF-GHBM, LLC, 2521 Fairmount Street, Dallas, TX 75201 REQUEST: To remove Condition of Approval No. 6(b) of Conditional Use Permit No. 19- 014 requiring all existing overhead utilities along the property's westerly property line to be undergrounded
LOCATION: 16171 Beach Boulevard, 92647 (southwest corner of Beach Boulevard and Stark Drive)
DATE OF
ACTION: April 26, 2022
On Tuesday, April 26, 2022, the Huntington Beach Planning Commission took action on your application, and your application was denied with findings. Attached to this letter are the findings for denial.
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand, Three Hundred Fifty-Three Dollars ($2,353.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Seven Hundred Seventy-Eight Dollars ($3,778.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is Friday, May 6, 2022, at 5:00 PM.
Excepting those actions commenced pursuant to the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org Notice of Action: EPA 22-003
April 27, 2022
Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020.
If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Tess Nguyen, the project planner, at (714) 374-1744 or via email at [email protected], or the Community Development Department at (714) 536-5271.
Sincerely,
Ursula Luna-Reynosa, Secretary
Planning Commission
By:
PRom
Ricky Ramos, Acting Planning Manager
ULR:RR:TN:kdc
Attachment: Findings For Denial - EPA 22-003
Honorable Mayor and City Council
Chair and Planning Commission
Sean Joyce, Interim City Manager
Ursula Luna-Reynosa, Director of Community Development
Tim Andre, Fire Division Chief
Mike Vigliotta, Chief Assistant City Attorney
Bob Milani, Principal Civil Engineer
Jasmine Daley, Building Manager
Tess Nguyen, Associate Planner
Property Owner
Project File
ATTACHMENT NO. 1
FINDINGS FOR DENIAL
ENTITLEMENT PLAN AMENDMENT NO. 22-003
FINDINGS FOR DENIAL - ENTITLEMENT PLAN AMENDMENT NO. 22-003:
1. Entitlement Plan Amendment No. 22-003 to remove Condition of Approval No. 6(b) of conditional Use Permit No. 19-014 requiring all existing overhead utilities along th roperty's westerly property line to be undergrounded will be detrimental to the genera welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the existing overhead utilities create a significant visual impact on Stark Drive due to an existing pole at the project's frontage and an existing pole within the site's westerly boundary. These poles and overhead lines are not screened from view from Stark Drive as well as the adjacent residential project west of the site. In addition, other similar projects within the City were required to underground existing overhead lines.
2. The granting of Entitlement Plan Amendment No. 22-003 to remove Condition of Approval No. 6(b) of Conditional Use Permit No. 19-014 requiring all existing overhead utilities along the property's westerly property line to be undergrounded will adversely affect the General Plan because it is inconsistent with the following policy of the General Plan:
Circulation Element
Policy CIRC-7(F): Continue to locate new and relocated utilities underground within scenic corridors to the greatest extent possible. All other utility features shall be placed and screened to minimize visibility.
The intent of the General Plan policy is to protect scenic corridors from visual clutter created by overhead utilities. Requiring the undergrounding of existing utilities would implement the General Plan policy. If the requirement to underground the existing utilities is eliminated, the visual clutter from overhead lines at the subject site would remain.
3. Entitlement Plan Amendment No. 22-003 to remove Condition of Approval No. 6(b) of Conditional Use Permit No. 19-014 requiring all existing overhead utilities along the property's westerly property line to be undergrounded will not comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance because overhead lines at other similar projects within the City were required to underground. Although the applicant mentioned the physical constraints related to undergrounding onsite, redesigns were made to accommodate both the large footings of the required 8 ft. block wall and the underground structure to house the conduits. Undergrounding the existing utilities at the project site would eliminate the visual clutter along Stark Drive and from the adjacent residential property west of the site.
G: IPCINOA122\EPA 22-003 (7-11 Gas Station and Convenience Store) Attachment 1.1