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HomeMy WebLinkAboutInitial Plan; Zoning Review IPZR2007006 - Supporting DocumentsPLANNING SCOPE APPLICATION: APPLICANT: PROPERTY OWNER: DATE OF SUBMITTAL: PROJECT LOCATION: INITIAL PLAN ZONING REVIEW 07-006 (CARL'S JR. PARKING PLAN) Dan Schultz of Milestone Management 21196 Jasmines Way Lake Forest, CA 92630 (949) 770-5752 Ronald Morita 9782 Red River Circle Fountain Valley, CA 92708 (714) 775-6683 August 24, 2007 6882 Warner Avenue Huntington Beach, CA 92647 (south side of Warner, between Springdale and Goldenwest) REQUEST: To re-direct the drive-thru lane and re-stripe the parking lot. GENERAL PLAN: CG - F1 (Commercial General - 0.35 max floor area) ZONING: CG (Commercial General) Min. Required Proposed Lot -Size 10,000 sf 25,000 sf Building Size 8,750 sf 2,495 sf Setbacks front 10' (E) 97' side(w/e) 0'/ 0' (E) 3'6" / 45' rear 0' (E) 100' Height 50' n/a Parking 42 spaces* 36 spaces Dimensions 9' x 19' 9' x 19 Reciprocal required provided Access *1 space / 60 sq. ft Landscaping 8 percent 11 percent Urban Desi n Guidelines: Chapter 6: Special Consideration Commercial Guidelines 1. The building should be the predominant visual element along street frontages, not parking lots or drive-through lanes 2. Drive-through aisles should provide at a minimum 25-foot interior radius for any curve 3. Drive through lanes should not exit directly to the site's main entrance 4. A canopy should be provided at the drive-through pick-up window area Staff Comments: More landscaping & screening of the drive-through lane: - plant trees along street frontage (existing planter) - continue landscaped curb/planter along west side of aisle - provide canopy along west side of building History of site - staff will provide neighborhood notification of 300' (ten day comment period) (If comply with staff recommendations) & by providing reciprocal access with surrounding properties, reduce parking ratio from 1/60 to 1/100: according to sq. ft = 25 spaces (not including drive-through spaces) M comments: Since majority of parking will be at rear of building, I would like to see curbs/landscaping as walkways for pedestrians Dimensioning and scale shall be correct Arabe, Jill From: Arabe, Jill Sent: Monday, December 10, 2007 2:26 PM To: Bogart, Steve; Caldwell, Lee W. Subject: Attention: Planning Application: 20070187 The applicant, Dan Schultz, has re-submitted plans dated December 10, 2007. Entitlement(s): PA# 2007-0187; IPZR #2007-006 Project Name: Carl's Jr. Drive-Thru & Parking Lot Re-Configuration Location: 6882 Warner Ave. (south side of Warner Ave. between Goldenwest St. and Edwards. St.) Request: To re-direct the drive-thru lane for a fast-food restaurant and re-stripe the parking lot. Please enter your comments for this Entitlement application by or before 12/31/2007. Thanks! -Jill 1 0 Ree R. Ryan Real Estate Asset Manager P: 714-254-4823 F: 714-780-6285 e-mail: nyan(a,ckr.corn FedEx Overnight 8623 4073 7568 September 13, 2007 Ronald G. Morita 9782 Red River Circle Fountain Valley, CA 92708 RE: Carl's Jr. #67 6882 Warner Huntington Beach, CA Dear Mr. Morita, 0 City of Huntington Beach JAN 18 2008 Carl Karcher Enterp rises , Inc. (CKE ) is planning to redirect the drive through at your above ro ert . Milestone Management is acting on behalf of CKE to have this work approved by the City of and installed. A Scope of Work and Plan is attached for your review. All work shall be at the sole cost of CKE. If acceptable please provide your signature approval for Milestone Management to perform this work. A self address envelope is enclosed for your convenience. Please do not hesitate to call at my direct phone 714-254-4823 with any questions you may have Best regards, Carl Karcher Enterprises, Inc. ACCEPTED AND APPROVED 7 Ree R. Ryan Real Estate Asset Manager By: Na e: iCv co 6. D e:-1,7.o Carl Karcher Enterprises , Inc. 1 401 W Carl Karcher Way I Anaheim, CA 92801-2409 Co. L xange State of California, described as iat por ion of the Northeast quarter of the Northeast quarter of Section 27, Township 5 Souta, Range 11 West, in the Rancho La Bolsa Chica, City of Huntington Beach, as shown on a map thereof recorded in Book 51, page 13 of Miscellaneous Maps, records of said Orange County, described as follows: The West 100 feet of Parcel 1 on a nap recorded in Book 29, page 10 of Parcel Maps, records of said Orange County. Also shown as Parcel 1 on a map recorded in Book36,page 22 of Parcel Maps, records of said Orange County. EXCEPT all oil, gas, minerals, and other hydrocarbon substances lying below•a depth of 500 feet measured vertically from the surface of said land, without any rights to the use of the surface of said land or the subsurface area to a depth of 500 feet measured . vertically from the surface of said land, as reserved in the deed recorded September 29, 1969 in Book 9091, page 840 of official Records. PARCEL 2: A non-exclusive easement for vehicular ingress and egress over and upon the most Westerly 25 feet of the Southerly 175 feet of the-Northerly 205 feet and the most Westerly 10 feet of the Southerly 75 feet of the Northerly 280 feet of Parcel 2 as shown on a map recorded in Book 36, page 22, of Parcel Maps, records of said Orange County. EXHIBIT "Att City of Huntington Beach AUG 2 4 2007 : I EXHIBIT "C"it EDWAQOS sra e r04Y Z 114E 4A.fb AWOCa41i 4T/ONMAW"lQom' P4 L , AMu. o •sz•39' w. 3aoo'Al. O• x'35' * tdO.OO'i(3Q t9't-.A o•3?'l 7wr-l.I Page 1 of 2 Beckman, Hayden From: Beckman, Hayden Sent: Monday, December 07, 2009 11:31 AM To: 'dyork@4gdev.com' Subject: RE: Carl's Jr - 6882 Warner, Huntington Beach Attachments: CKE Huntington Beach Plot Plan Alternate A.PDF; 4125_001.pdf David, I have reviewed the site plan you submitted via email and have the following comments: • The most current design submitted you to me via email (attached as CKE HB Plot Plan Alternate A) was previously reviewed by city staff and modified during a previous entitlement. This entitlement was IPZR (Initial Plan Zoning Review) No. 2007-006 which was submitted on August 24, 2007 and processed before final approval on January 23, 2008. o Staff worked with the project's applicant, Dan Shultz, to find an appropriate layout and design for the realignment request, which included a parking lot restripe. o Ultimately staff conditionally approved a modified layout from the one you submitted to me and directed the project applicant to submit revised plans into plan check to move forward. o The City did not receive modified plans following the January 23, 2008 approval. The conceptual approval expired January 23, 2009. In order to move forward with the request, I would like to advise you of two options: o 1. Revise the submitted plan (as attached) to comply with the conceptually approved layout and conditions of approval of IPZR No. 2007-006. The conceptually approved site plan is on file in the Planning Department and I would be happy to make it available for your review. For your consideration, I have attached the Notice of Action from IPZR 07-06. This option must include a request for extension of time for the IPZR since it expired, which requires a processing fee of $385 and should be accompanied by a detailed narrative describing the reasons for initiating the extension request and project scope. o 2. Submit a new IPZR application. Per staff direction, the IPZR will be notified to adjacent property owners within a 300' radius of the subject property. • The major differences between the conditionally approved IPZR 07-06 and the plan you submitted to me is in regards to the proposed parking stalls #15-19 and #1. Please refer to the attached Notice of Action (4125_001.PDF). Condition 1(c) required the removal parking space #1 as indicated on the site plan to alleviate future issues between cars backing out of the space into the exit way for the queue line, or redesign subject to Director approval. The most recent plan submitted shows a blub-out of curb face directing cars in queue to the one way drive aisle and must be approved by staff, either through a new IPZR application or request for extension of time for IPZR 07-06. Also, Condition 1(b) required the removal of stalls #15-19 in order to provide code required two-way drive aisle no less than 25' wide. Please contact me if you have further questions or concerns. Regards, Hayden Beckman Planning Aide City of Huntington Beach Ph: (714) 374-5317 hbeckman@surfci -hb.or b Please consider the environment before printing this message From: David York [mailto:dyork@4gdev.com] 12/7/2009 Page 2 of 2 Sent: Thursday, December 03, 2009 4:22 PM To: Beckman, Hayden Subject : RE: Carl's Jr - 6882 Warner, Huntington Beach Importance: High Hi Hayden, I'm very interested to hear how the discussion went regarding the Carl's Jr Drive-thru re-alignment. Please call or email me ASAP to give me the update. Thanks, David York 4G Development & Consulting, Inc. (858) 231-0100 - cell (858) 408-1894 - office (866) 311-3658 - fax dyork@4Gdev.com - email From: David York [mailto:dyork@4gdev.com] Sent : Wednesday, October 14, 2009 3:33 PM To: 'hbeckman@surfcity-hb.org' Subject: Carl's Jr - 6882 Warner, Huntington Beach Hi Hayden, Thanks for taking the time to discuss the Carl's Jr Drive thru realignment project with me. I've attached a site plan that Carl's developed showing the relocation of the drive through. I've also taking the liberty of attaching a couple of photos of the exterior as well as a floor plan. Please review and discuss with your team and let me know if these would work for a DAT submission. If there's any other information you pick up along the way, I'd really appreciate hearing that too. Please respond to this email confirming you received it. Thanks again for your time; it was pleasure talking with you. David York 4G Development & Consulting, Inc. (858) 231-0100 - cell (858) 408-1894 - office (866) 311-3658 - fax dyork@4Gdev.com - email 12/7/2009 OFFICE of.: ZONING ADMINISTRATOR CITY OF HUNTINGTON BEACH -CALIFORNIA P.O. BOX 190.92648 PHONE (714) 536-5271 NOTICE OF ACTION March 31, 1995 PctitioruDocument: CONDITIONAL USE PERMIT NO.95-8 Applicant: Ageis Consulting Alliance, Inc., 515( E. La Palma Avenue, #203, Anaheim Hills, CA 92807 Property Owner: Fred S. Morita, 16455 Sierra Street, Fountain Valley, CA 92708 Request: To permit re-alignment of a restaurant drive-thru lane to allow driver side access to the existing drive-thru window. The request includes modifications of the parking and curb layout, new landscaping and irrigation. Location: 6882 Warner Avenue (Carl's Jr. Restaurant) Your application was acted upon by the Zoning Administrator of the City of Huntington Beach on March 29, 1995 and your request was Denied. Included in this letter are the Findings for Denial for this application. Under the provisions of the Huntington Beach Ordinance Code, the action taken by the Zoning Administrator is final unless an appeal is filed to the Planning Commission by you or by an interested party. Said appeal must be in writing and must set forth in detail the action and grounds by which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of Two Hundred Dollars ($200.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Six Hundred Fifty Dollars ($650.00) if the appeal is filed by any 'other party. The appeal shall be submitted to the Secretary of the Planning Commission within ten (10) calendar days of the date of the Zoning Administrator's action. The last day for filing an appeal and paying the filing fee for the above noted application is April 10, 1995. S F R DENIAL - NDITI NAY. USE PERMIT NO. 95-8: Conditional Use Permit No. 95-8 for the re-alignment of the drive-thru lanc to allow driver side access to the existing drive-thru window:will be detrimental to: a.; The general welfare of persons residing or working in the vicinity. The re-alignment of the drive-thru will result in increased traffic along the adjacent copvncrcial strip center. b...'., Property and improvements in the vicinity of such use or building. Back up from parking stalls along the easterly drive aisle and stacking along the reciprocal access casement will restrict the flow of traffic betweencommercial properties. The granting of Conditional Use Permit N'o. 95-8 will adversely affect the General Plan of the City of Huntington Beach. The proposed re=alignment is not consistent with the goals and objectives of 'the City s General Plan Circulation Element. The stacking for the proposed drive-thru will result in traffic impacts to drive aisles and to Warner Avenue. -The location, site layout, and design of the proposed drive-thru lane does not properly adapt the proposed structures to streets, driveways; and other adjacent structures and uses in a harmonious 'Manner. The stacking for the drive-thra"and back up for cars parked along the easterly drive aisle will restrict the flow of traffic between f;ommercial properties. of Huntington Beach, California, on March 29,',1995, upon the foregoing findings. hereby certify that Conditional Use Permit No-, 95-8 was Denied by the Zoning Administrator of the City Very truly yours, 0 .n 0 • OFFICE of ZONING ADMINISTRATOR.J CITY OF HUNTINGTON BEACH- CALIFORNIA P.O. BOX 190.92648 PHONE (714) 536-5271 October 31, 1990 Applicant : Carl Karcher Enterprises, Inc. Lorenzo Reyes 222 So. Harbor Blvd ., Ste. 300 Anaheim, CA 92805 Request: To permit the demolition of an existing restaurant and to permit the construction of a new 2,877 sq. ft. restaurant with drive through facilities pursuant to Section 9220.1 (c)R of the Huntington Bach Ordinance Code. Location: 6882 Warner Ave. Dear Applicant: Your application was acted upon by the Zoning Administrator of the City of Huntington Beach on October 31, 1990, and your'request was denied. Included in this letter are the Findings for Denial for this application. Under the provisions of the Huntington Beach Ordinance Code, the action taken by the Zoning Administrator is final unless an appeal is filed-to the Planning Commission by you or by an interested party. Said appeal must be in writing and must set forth in detail the action and grounds by which the applicant or interested party deems himself aggrieved . Said appeal must be accompanied by a filing fee of ($165 .00) and submitted to the Secretary of the Planning Commission within ten (10) calendar days of the date of the Zoning Administrator 's action. The last day for filing an appeal and paying the filing fee for the above noted application is November 12, 1990. r Use Permit No. 90-56 Page Two 1. The establishment, maintenance and operation of the use will be detrimental to: a. The general welfare of persons working in the vicinity. Stacking for the proposed drive thru will obstruct reciprocal access easements and will impact the flow of traffic on Warner Avenue.; b. Property and improvements in the vicinity of such use or building. Back up from the parking spaces on the east side of the building will obsruct access to the retail stores to the rear of the adjacent property. 2. The granting of Use Permit No. 90-56 will adversely affect the General Plan of the City of Huntington Beach. The proposed circulation is not compatible with other land uses. 3. The proposal is not consistent with the goals and objectives of the City's General Plan Circulation Element. The stacking for the drive through will result in restricting one or more lanes of Warner Avenue which will prohibit the safe and efficient movement of people and goods. 4. The location, site layout, and design of the proposed use does not properly adapt the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The stacking for the drive through as well as the backup for cars parked along the east side of the building will restrict access to adjacent uses and.flow of traffic on Warner Ave. I hereby certify that Use Permit No. 90-56 was denied by the Zoning Administrator of the City of Huntington Beach, California on October 31, 1990, upon the foregoing findings. Very truly yuurs, Michael Strange Zoning Administrator MS:MJC:lp (7666d) S 4 of , E LI A X34 ncccss cs+.Y. D TYPE 14 REVE mewp KAtS EXISTING PARKING . 5TCarts ire unit 67 .AN A I A e atcMecturat divisbn t Pm box 4990 $nsheIT . ca 92803 - (7 14) 4914363 0 y1,V.rY.wrnwrn*.wnl,.•..s.+rnw++.f1.n .,,....w, r • City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF COMMUNITY DEVELOPMENT Building Division 536.5241 Planning Division 536-5271 June 5, 1990• Mr. Lorenzo Reyes Carl Karcher Enterprise, Inc. 222 South Harbor Boulevard, Suite 300 Anaheim, CA 92805 SUBJECT: PRELIMINARY PLAN REVIEW NO. 90-6; 6882 WARNER AVENUE Dear Mr . Reyes: The preliminary plans to demolish and rebuild a new 2,900 square foot Carl's Jr. Restaurant with a drive-thru lane at 6882 Warner Avenue have been reviewed by the Planning Division and circulated to the Building , Public Works and Fire Departments. The comments and concerns of each Department are listed below: 1. Pursuant to Section 9220 .1(c)R of Article 922 Commercial p' , the proposed construction of a new drive-thru restaurant requires the discretionary review of .a usepermit application to the Zoning Administrator. 2. Based upon the project's zoning (C4) and location in the floodplain (FP2), the proposed on site commercial structure shall be constructed pursuant to the floodplain standards of Article 940 3. All proposed signs require seperate permits and shall be in compliance with Article 961 Signs and all existing signs shall be brought into compliance with Article 961 Signs. 4. All proposed fences require separate permits pnd shall be in compliance with Article 977 5. All existing and proposed reciprocal parking and access agreements shall be required. 6. The proposed restaurant shall require Air Quality Management District (AQMD) review and approval prior to issuance of building permits. Mr. Reyes Page Two 7. The site plans, floor plans and building elevations shall indicate the following: a. Indicate adjacent improvements within 100 feet of the proposed project site. b. Table of calculations for total landscaping , parking, stacking credit, compact par'•:ing and floor area. c. Parking stall width and aisle width. d. Indicate building height. e. Indicate patio floor plan and include in total restaurant floor area. 8. f. A mechanical equipment screening plan will be required. Preliminary comments regarding the on site circulation (drive-thru lane) have been negative. Potential on site circulation conflicts exist with reciprocal drive locations and reciprocal parking . Redesign of the drive -thru lane will be 9. reco mmended. Please note, a code amendment to Article 960 Parking and Landscaping to amend the on site parking requirements has been approved by the Planning Commission and forwarded to the Council for adoption . Please note , that stacking credit City for drive-thru lanes has been eliminated , minimum 26 foot aisle width for non-residential uses is required for 900 parking, and compact parking will only be allowed per special permit to a maximum of 2G% with a 8 x 17 stall size. 1. The project shall be constructed to Uniform Building Code Standards and Specifications. 1. A grading plan and soils report shall be required for review and approval. 2. Repair and reconstruct damaged or deteriorated public right-of-way improvements along Warner Avenue fronting the site. 3. Redesign of drive-thru lane should be recommended . The drive lane should be oriented away from Warner Avenue to eliminate on site circulation conflicts with access drives along Warner Avenue and reciprocal drives. Mr. Reyes Page Three r.- 1. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. 2. Address numbers will be installed to comply with Huntington Beach Fire Code Standards . The size of the numbers will be a minimum ten (10) inches with a brush stroke of one and one-half, (1-1/2) inches. Please note that the proposed project has been reviewed on a preliminary basis only and additional comments and concerns may be generated upon formal submittal of the entitlement requested. Also, completion of the-corrections and or the submittal of the additional information does not presume approval of the entitlement requested. If you should have any questions regarding the aforementioned, please feel free to contact me at (714) 536-5271. Herb Fauland Assistant Planner HF:kjl (5985d) • r n •COMMONWEALTH LAND TITLE COMPANY 200 West Santa Ana Boulevard Santa Ana, California, 92701 714 835-8511 Carl Karcher Enterprises 222 S. Harbor Anaheim, CA ATTN: Kristie YOUR NO: 90-020170 RECEIVED -1111.2 61990 SITE D``IELC'PhTNT IMPORTANT When Replying Refer To Our Order No: G670110-G TITLE OFFICER: FRANK GIBFORD IN RESPONSE TU YOUR APPLICATION FOR A POLICY OF TITLE INSURANCE, COMMONWEALTH LAND TITLE COMPANY, REPORTS THAT IT IS PREPARED TO ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH. INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. Dated as of April 9, 1990 at 7:30 A.M. • C' Order No. G670110-G Page 2 The estate or interest in the land herein after described or referred to covered by this Report is: a fee and easement as shown in the legal description set forth herein. Title to said estate or interest at the date hereof is vested in: FRED SHIGERU MORITA, as Tru stee under that Declaration of Trust dated September 14, 1982 The land referred to in this Report is situated in the State of California, County of Orange, and is described as follows: PARCEL 1: That portion of the Northeast quarter of Section 27, Township S South, Range 11 West, in the Rancho La Bolsa Chica, City of Huntington Beach, s shown on a map thereof recorded in book 51, page 13 of Miscellaneous Maps, records of said Orange County, described as follows: The West 100 feet of Parcel 1 on a map recorded in book 29, page 10 of Parcel maps, records of said Orange County. Also shown as Parcel 1 on a map recorded in book 36, page 22 of Parcel Maps, records of said Orange County. EXCEPT all oil, gas, minerals, and other hydrocarbon substances lying below a depth of 500 feet measured vertically from the surface of said land, without any rights to the use of the surface of said land or the subsurface area to a depth of 500 feet measured vertically from the surface of said land, as resorved in the deed recorded September 29, 1969 in book 9091, page 840 of Official Records. PARCEL 2: A non-exclusive easement for vehicular Ingress and egress over and upon the most Westerly 25 feet of the Southerly 175 fe -tt of is Northerly 205 feet and the most Westerly 10 feet of the Southerly 75 feet of the Northerly 280 feet of Parcel 2 as shown on a map recorded in book 36, page 22, of Parcel Maps, records of said Orange County. • r Order No. G670110-G Page 3 • At the date hereof Exceptions to coverage in addition to the printed exclusions contained in said policy form would be as follows: A. General and special taxes Fiscal Year: Total: First Installment Second Installment Penalty/Costs Exemption: Code Area:04007 1989-1990 $1,869.78 $934.89 (PAID) $934.89 $103.48 $none Parcel Number:165 081 13 B. The lien of supplemental taxes, Chapter 3.5 (commencing with Section State of California. exceptions and if any, assessed pursuant to the provisions of 75) of the Revenue and Taxation Code of the 1. The reservation for roads, railroads and ditches of a strip of land 30 feet wide, along adjoining and each side of the Township and Section lines, and the reservation of the use and control of cienegas and natural streams of water, if any, naturally upon, flowing across, into or by said tract, and the right of way for and to construct irrigation or drainage ditches through said tract to irrigate or drain the adjacent land, as reserv ed in the deed from Alfred Robinson, Trustee, recorded March 23, 1885 in book 37, page 203, Deeds, records of Los Angeles County, California. 2. A Covenant and Agreement, executed by Chico Company, Inc., a corporation, in favor of the City of Huntington Beach, a municipal corporation, and recorded March 27, 1969 in book 8911, page 245 of Official Records. Said Covenant and Agreement, among other things, provides for the following: That certain property inprovements be made. 3. A Covenant and Agreement, executed by Standard Brands Paint Co., Inc., of California, in favor of S.D.C. Inc., and recorded October 3, 1969 in book 9098, page 379 of Official Records. Said Covenant and Agreement, among other things, provides for the following: That a period of 50 years from the date hereof, no building shall be constructed upon the Northerly 50 feet of said land. 4. An easement as set forth in an instrument recorded in book 9098, page 379, Official Records. For: Vehicular ingress and egress and incidental purposes Over: Southerly 30 feet of the Northerly 40 feet of said land. t • Order No. G670110-G Page 4 5. An easement as set forth in an instrument recorded in book 9244, page 816, Official Records. For: Street, public utility and incidental purposes Over: North 30 feat of said land. 6. A Covenant and Agreement, executed by S.D.C. Inc., in favor of tbi City of Huntington Beach, and recorded April 27, 1970, in book 9274, page 248 of Official Records. Said Covenant and Agreement, among other things, provides for the following: That certain property improvements be made. NOTE: No assurance is made as to the present ownership of said leasehold or matters affecting the rights or interest of the lessor or lenses in said lease. 7. A non-exclusive easement for vehicular ingress and egress as reserved in a deed recorded June 2, 1971 in book 9661, page 870, Official Records. Over: The Southerly 30 fast of the Northerly 70 feet of said land. 8.' An unrecorded lease, affecting the premises herein described, executed by and between the parties named herein, for the term and upon the terms and provisions therein set forth. Lessor: Fred S. Morita and Ann Chiyeko Morita, husband and wife as community property Leases: Carl Karcher Enterprisen, Inc., a California corporation Disclosed by: Short Form of Lease Recorded: August 12, 1971 in book 9759, page 408, Official Records Said lease, am ng other things , provides for an option to renew. Said lease, among other things, provides for an option to purchase. NOTE: No assurance is made as to the present ownership of said leasehold or matters affecting the rights or interest of the lessor or lessee in said loss*. 9. The affect of any failure to comply with the terms, covenants, and conditions of the lease or leases, and amendments thereto, shown herein. 10. Any facts, rights, interest, or claims, which are not shown by the public records but which could be ascertained by making inquiry of the Lesses's in the lease or leases described or referred to herein. 11. Rights of parties in possession of said land by reason of any unrecorded leases. C Order No. G670110-G Page 5 PLEASE SUBMIT ANY SUCH LEASES TO THIS COMPANY FOR OUR EXAMINATION. 12. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR BY A SURVEY OF SAID LAND THAT IS SATISFACTORY TO THIS COMPANY, OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. 13. AN INSPECTION OF SAID LAND HAS BEEN ORDERED; UPON ITS COMPLETION WE WILL ADVISE YOU OF OUR FINDINGS. 14. This company will require a copy of the trust instrument creating the trust referred to herein, and any amendments thereto, for our examination. PAYOFF INFORMATION 15. NOTE: AS OF JANUARY 1, 1990, CHAPTER 598, CALIFORNIA STATUTES OF 1989, (AB 512; INS. CODE SEC 12413.1) BECOMES EFFECTIVE. THE LAW REQUIRES THAT ALL FUNDS BE DEPOSITED AND AVAILABLE FOR WITHDRAWAL BY THE TITLE ENTITY'S ESCROW OR SUBESCROW ACCOUNT PRIOR TO DISBURSEMENT OF ANY FUNDS. ONLY CASH OR WIRED FUNDS CAN BE GIVEN IMMEDIATE AVAILABILTY UPON DEPOSIT. CASHIER'S CHECKS, TELLER'S CHECKS AND CERTIFIED CHECKS MAY BE AVAILABLE ONE BUSINESS DAY AFTER DEPOSIT. ALL OTHER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNERSHIP CHECKS AND DRAFTS MAY CAUSE MATERIUL DELAYS IN DISBURSEMENT OF FUNDS ON THIS ORDER. IN ORDER TO AVOID DELAYS, ALL FUNDING SHOULD BE WIRE TRANSFER. OUTGOING WIRE TRANSFERS WILL NOT BE AUTHORIZED UNTIL CONFIRMATION OF THE RESPECTIVE INCOMING WIRE TRANSFER OR AVAILABILITY OF DEPOSITED CHECKS. WIRING INFORMATION FOR COMMONWEALTH LAND TITLE INSURANCE CO., ORANGE COUNTY IS AS FOLLOWS : 1ST INTERSTATE BANK 1018 N. MAIN STREET SANTA ANA, CA. 92701 ABA# 122-000-218 ACCOUNT# 180-060-305 PLEASE REFERENCE TITLE ORDER NUMBER AND TITLE OFFICER. PAYOFF INFORMATION 16. NOTE: THIS COMPANY DOES REQUIRE CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. If this demand is expired and a current demand cannot be obtained, our requirements will be as follows: n Order No. G670110-G Page 6 A. If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be up and above the verbal hold the lender may have stipulated. B. If this company cannot obtain a verbal update on the demand, we will either pay off of the expired demand, or wait for the amended demand, at the discretion of the escrow. i STATEMENT OF IDENTITY REQUEST 17. Commonwealth Land Title will be unable to issue our title policy under this order number unless a Statement of Identity is submitted to this office as soon as possible prior to recording. The effect of documents, proceedings, lions, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. The name soarch necessary to ascertain the existence of such matters has not been completed and requires a Statement of Identity from all parties to complete this report. ALTA REPORT NOTE: The items shown herein will not affect our ability to attach CLTA Indorsement No. 100 to our ALTA Policy when issued. Said land is also known as 6882 Warner Avenue, Huntington Beach, California, a commercial property. The following is reported for information only. The only conveyances affecting said land recorded within 6 months of the date of this report, are as follows: None. FG/sb/2065 Policy Rate 100% cc's Commonwealth NTS • 1 .. # !Tthr?I. GCCH bMAt /ty Arrh •••• S/- AWO PA? tw* - 1 ,;, A. os a•a AVLQibCC *Q teso, r9 n Barr '..vN c.w Al Ofi.W-44-4 AEL t r1 4 6t SQ P)., Aar/.Aw Ace"/aTr/ NO AC4 g COO\ % e•Y •:. d..,.F.VLJ wacnar• Va _9 M svrrre I "t 0 street$ and other his plat Is for your aid In louring your lend wfth Nferonu I;beloved to be correct the Company assumesno paaury ..for any lose occuring by reason of relanco theroon.•+ COMMONWEALTH LAND TITLE COMPANNy m ALL.Mai VT ,R f • /4' w rs •t, af. Mqa . Ks co t .. Si Iw N • f • _ •,- b :t-E ELO0:00. 04 ff"''44 4 { ..S M tM.'Kf mfxf.lM . FCA to `• ,,C-.srsfrr G Rv 2-- 1E---r=-Mr '; trrr AI f»s.. Awe..L my j•tt•l - lUlL1 -yAVNS t . f rsi• 7w`. LP S ., GO_NG• R $ v' .. +I 316i.'•(a . " i 5$ i 16 r. IP) 4N ",to-Qi.'':'Jp4G C1_ -ci r' HU\i`(i'icI ecAG j ND USE le UhbT %1 IIc I APPROVED DATE 321 Wes? C°rU r'to fj' W.ai.L 100.01 W Er-7-1 AV r LA Pig5-rAU.6 Sc.".- i•3d•o'. . á á to0 a0 05 THIS MAP WAS PREPARED FOR ORANGECOUNTY ASSESSOR DEPT. PURPOSES ONLYTHE ASSESSOR MAKES NO GUARANTEE AS TO ITS ACCURACY NOR ASSI/d£S ANT LIABILITY FOR OTHER USES. NOT TO BE REPRODUCED.ALL RIGHTS RESERVED. 0 COP YR/GHT ORANGE COUNTY ASSESSOR 1998 WARNER MARCH 1972 POR. NE 1/4. NE 1/4. SEC.27. T 5 S. R 11 W 146- 59 fWl&'r $9MR6 AVE.) so Io1_o ]461• AVENUE L44..4' . PARI PATE 2 PAL 36-22 21 ie- N PAI 55-28 145 W O O W 72.18' P. Al. 2/-IS PAR.2 P.M 49-10 So 1^'4 O PAR 2 PAP. 3 r O O 4 PAR. I 14.05 AG PA[ 49.10 s42A1 Aa]'97' w PARCEL MAP 21-15,36-22 PARCEL MAP 4Y-10,55-28 /27p, 13 /ooJ!' NOTE - ASSESSOR 'S BLOCK d PARCEL NUMBERS SHOWN IN CIRCLES ASSESSOR'SIMAP BOOK 165 PAGE 08 COUNTY OF ORANGE 165-08 1' = too' I 0 .to ,am ,r I 4 1 i4 i T t CONDITIONAL USE PERMIT NO. 95-8 Appli'ant: Ageis Consulting Alliance, Inc., 5150 E. La Palma Avenue, #203, Anaheim Hills, CA 92807 Fred S, Morita, 16455 Sierra Street, Fountain Valley, CA 92708 Request: T o p e r m i t m alig ment of a restaurant.drive4m lane to allow driver side access to the CXUM%%, drne-thou window. The request mctus alodtficattons 01 the parking ark curb layout,-new landscaping and irrigation. Y w a4pl lion was acted upon by the Zoning Administrator of the City of Huntington Beach on rchr29, 1995 and your request was Devi . Included in this letter are the Findings for Denial for this Th tr provisions of the Huntington Beach Ordinance Code, the action taken by the Zoning Adq is final unless an appeal is filed to the Planning Commission by you or by an interested qty.', Sa :> aI must be in witing and must set forth in detail the action and grounds by which the t' party deems himself aggrieved. Said appeal must be accompanied by a filingfoe of T 5, (5200.00) if the appeal is filed by a single family dwelling property owner appeaTiigt icm Eut his own property and Six Hundred Filly Dollars ($650.00) if the appeal is 51ed by any otter patty. The appeal shall be submitted to the Secretary of the Planning Commission within ten (10) tMendar days of the date of the Zoning Administrator's action. The last day for filing an appeal and paying the filing fee for the above noted application is April 10, 1995. 3for-the-Te-a4pmbnt of the drive-thru We to allow driver side wldaw wilt De aetnmeau to. a vcwa3 and other ac Structures and uses Wa ha rtaoias = v*=tluu anti. back up iii rratrs'parked aIea tEse -casterty:drive-aiste ict the flow of traffic between commercial properties " e g net l vum,df peno*rz ;'j; #httt :rvlttNi tfatc -in inct+eais't B tYand it prOwem in •the vicinity of,sttcli use or building. Back up from parking procal access easement willstackig, the, reci'k `.oetgtlt#e rly drive ai ie nd `' Beach, California, on March 29, 1995, upon the foregoing findings. :ythat Conditional Use Permit No. 95-8 was Denied by the Zoning Administrator of the City of t Ec between mer properties. and d6" s i g a o f t if- id drivet u lane does not propefty adispt_he.-: á 1rbP '. . , October 31, 1990 Applicant: Request: Location: Lorenzo Reyes --- 222-So'. Harbor Blvd:, Carl Karcher , Enterprises, Inc. Anaheim, CA--92805 Ste.`- 300 permit the demolition of an existing =restaurant': aTo";. Section 9220 .1(C)R of the Huntington -Benoit ; :0=dinanc restaurant " With drive -through facilities Dursuaat to: permit :the .construction ' ,af -a. new 2 ,-,87,7 sq - _ft; code . . 6882 Warner Ave. Dear Applicant: Your application was acted upon by the Zoning Administrator .of,,,the,= City :-of Huntington -Beach on October 31 1990 , andyour'-reques t wat- denied .- Included in this letter are the Findings for Deflial for this application. Und6r..the provisions of the Huntington Beach Ordinance-Code,.-the'- actiontaken "by the - Zoning Administrator -'is -final -unless `'an;,appeal is-filed to -thePlanning Commission byyouu -or by an inter=sated party . Said appeal must be in writing ana lutist set f orth ,:_in "detail = the action -and:grocnds by which the applicant or in erected party deems-himseif aggrieved . Said appeal must"_be accompanied-;-by_a filing fee of .($165.00) and submitted to the Secretary- of-the Planning Commission within ten (10) calendar days of the-date of the Zoning Administrator 's action. The last day for filing an appeal and paying the filing fee for the above noted application is November 12, 1990. A 5 I. The establishment , maintenance-and:=;operationo detrimental to: = a. The: general - welfare of•persons _ working in' ;t Stacking for.-;tlie :proposed dri re th=ii, will "o, reciprocals , access 'easements .. and=`will ;'` mpact .traffic on Warner Avenue.;: `and` ,`improvementsin. the f vicinity "of °-sucb. Property bui i "dying Hack ,up from -- they =-parking] -,i paces ' ova=: t '°iding ,wi,ll .= obsruct +:waccesaa,to< theofr ,the ; bui the -rear , of::t ie adjacent property.. -;. . ;2. The , grant i ng Iyof _; Use Permit -- No. -General ` Plan .iisof;--the City of Hun circulation=;=`''..not compatib`le'° 3. The proposals s`-not consisten °the , City 's Gener al Plan Circulat on ,. the=drive th ough ;dill :° esult ;=:in r s of ;'Warnar: =Avenue ` wh ch ,= l l pro ibit1 2:_ movement ' of, people and= goods. 4. Ttie , location,. site layout; note properly adapt the propi driveways and, o ther <: adyacent;: a hair ionioss' manna The °.stac ii as;`;the .backup _.or. cars parked;alo. building,-;w ill restrict dc- 90 =11 to1a traffic y on Warner Ave. . ' . -71 I hereby . certify , that -use Permit 'Bo. 3O- Administrator of-the City of- Huntington; 31,--1990,-upon -.the foregoing findings: Very truly yours, Michael Strange Zoning Administrator MS:MJC:lp (76664) i City of J t11ng o ? . uua w_ E000 MAIN STREET DEPARTMENT OF COMMUNITY, DEVELOPMENT = Building Division 6904 241 Planning Division 538.6271 June 5, 1990, Mr. Lorenzo Reyes Carl Karcher°Enterprise, Inc. 222.. South :"Harbo r -Boulevard, Suite,300 - Anaheim ;"CA - 92805 SUBJECT :. PRELII +IINARY PLAN REVIEW""NO. 90-6;.` 6882 WARNER A Dear Mr. Reyes.: The preliminary plans to demolish ,and -,.rebuild a new .2;900 -squat foot ;Cail''s ,--Jr,'.="-Restaurant 'with a"drive =.thru: lane at _'6882 ; warner: , Avenue have been regiewed bp ;tom :Planning Division ;=and' circulated the; Building `;'Public Works , and" Fire, Departments . :The -'co mnents and epartment 'are.listed',below,: 1. Pursuant .:to, ,Section 9220 . l (c)R ; of - A ticle _ 922_{tbi6ercia -- the' proposed .construction, of -=anew,: -drive -thru ==restaurant' requires 'the ".discretionary : review,-of "a :use-, permit , application to --the Zoning _:Administrator, - 2. Based upon the project 's "zoning (C43 anci iocatian.in:= the floodplaii (FP2) ,. the proposed "on.` site :`comrieerciai structure shall be constructed- pursuant to• thd_" fioodplain =••standa r' ds of Article 9,40 3. All proposed -signs require seperate permits and -shall-bein' compliance with Article 961 Signs and'all ez_istingsigns.shall be brought into compliance with Article 961'Signs:- 4. All proposed fences require seperate permits fnd shall be in compliance-with Article 977 5. All existing and proposed reciprocal parking and access agreements --shall be required. 6. The proposed restaurant shall require Air Quality Management District (AQMD) review and approval prior to issuance of building permits. I a. indicate-adjacent improvements within 100 feet-of the,, indicate-thm following: 7. The site -plans,:floor plans and b-_9414 449 elevations shad proposed project site.- b. Table of-calculations for-total.. landscaping,_parkin9- stacking -credit , compact parking -and £ILoo area: c. Parking-stall width and aisle, width. d. Indicate , building ; height. e. Indicate 'patio floor plan and_include:in total..restauran floor area E. A mechanical "equipment .screenng ,plan }will be-requir reciprocal parking . Redesign'of`.the ac ve -thru ' lane `-1-1r circulation conflicts fez threc p bco3 ``drive; 3 cations (drive -thru .far e ) have been . negat ive: _'°Potential _ on.- site, 8. Preliminary ''comments regarding - the'`on, site '=circulatio f'; .i ecommend 9. Please :,note , a !code --,amendment ,;to :Ar -ticcle:9 'to.,amendx `:the, on Site firkin '`re firemen yapproved4by the Planning ;_.Comenssion . ate;."foraar Council for '.'-adoption ` Please note ,' that tstacki drive -thru '"-lanesl has : -been '-;eliminated ,: minim un 2 width . for `non -ie'sidential, use &,is required for--.. Acompactparking , will only beallowed per speciamaximum of : 20% ith a 8 z 17 stall size. 1. The -project shall be constructed to Uniform Buildin'--Code Standards and-Specifications. 1. A grading plan and soils report shall-be required for review-and approval. 2. Repair and reconstruct damaged or deteriorated public_ right -of-way -improvements along Warner Avenue fronting'the site. 3. Redesign of drive -thru lane should be recommended . The "drive lane should be oriented away from Warner Avenue to eliminate on site circulation conflicts with access drives along Warner Avenue and reciprocal drives. 1. Fire; esti,'r auiaberx will be installo-4, "ands" loc ted oomph W . h Huntington Bea'ch ',Fire ' code ; Btvndards. 2. Address , numbers.. will . be ins tabled -- to,-comply = with HuntilBto Beach .;Fire C one $tan dards . The size . of the numbers will b mtnj numen x`(-10) inches •with,_`a bruishr stroke of .one-, and one Pleaeep note ;, ha the proposed rg ect +`has ; een ', -reviews on p ea iAe p `. b'aai ` ..:only oandi;'additional _ comaients :'and eoncerns generated .upon .formal submittal ', of 'theA 'entitlement reg ieatei completion {of the Wro•rrectioi s;`,and or the =su ¢n ttal of ?tlie 'infor n' tiai ,, ioes :,,not presume ,approvai •"of'-`=t ie °enti€lejaent i !b °_8 oe d . have any= qugstions ,"regar ll g the-the'at ` (.714) = _536-5271:please foal , free to contact fain Sinc ' rely,; Herb Faul:and', Assistant Planner HF : kj. l (5985d) TO: FROM: DATE: PETITION(S): REQUEST(S): v '. LOCATION: Z W or- G20"Si.) IXT. 6 • pZONE:e4 GENERAL PLANS E EXISTING USE:"C"I ?*or.DATE ACCEPTED: MANDATORY PROCESSING DATE: Please submit your concerns and recommended s lut s n writ nq on or before • - V. I Rbbiew: Final Planning Review: BZA: Subdivision ctmittee: Planning C tiniasicn: •"C NTBs (04 0 Attaob nts it n.C.isaty ) 04N a .. a Aispo • submitted by: Date: 9 o Attachments: 4 .# v Ywete ds fix-• 'ay %.arrner a Pcnsrblt., sue. c+ ' cee r +c,Q t ,` a cress cr.vc.s 4 1 ar'-r' v[Nwq WIOVPA'Y is r vtre.5 rc-cL€S t o sc -6N to mw r 4 nc cJ4. Thankyoufr yoiic_ oa -I have attached a check in the amount of S14b.tl0 as in fun' of the fife fee- Sincerely,, CARLKARCHE R , INC. Iw,al, Site opment Manager .A. cc: D. Glean P. Mitchell R Tincher D. Djnrgevich liQ87 wp TO:FROM: DATE: 4 P ianniiiq Commission Comm-unity Development Februa 5 .f SUBJECT : APPEAL ='OF THE ZONINGS AENINISTRATOR_' S- IAL. O!', USE - PERMIT, NO. 40-56 - Lorenzo Se" s - October -2 , 1590=Ye , < < APPLICANT: Carl-Katdh e'r Eatetnrises - 222 so., Harbo r Diva :, :,J3uu Anaheim , Ca3ifornia:92805l- PROPERTY Fred ' & ,Ann ` !Morita OWNER: 16455 Sierra =Street Fountain ' Valley ,% CA 92708= BEO : To permit thee=demolitione and, reconstruction - of- a _new 2,87? square foot restaura t Co ercia ` with drive-thru facilities LOCATION : - 6882 , Warner xAvenuee<- (South aide of-Warner Avenue, appr6iimateiy = 670 feet4 West of-GoldenwesttStreet) ACREM: 0.71 acres existing on-site and off-site constraints '. Staff concurs with,the_. The applicant has requested that this item be withdrawn due to request. 1. Le for from Lorenzo Reyes dated January -30, 1991 NS:MJ ki1 (8545d) A•rM4SC -