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HomeMy WebLinkAboutInitial Plan IPZR1999010 - Supporting Documents014 City o f H un t in gton B each 2000 MAIN STREET CALIFORNIA 52641.` DEPARTMENT OF PLANNING Phone Fax 536-5271 374-1540 374-1646' March 1, 2000 Mr. Robert Dubar 609 Main Street Huntington Beach, CA 92648 GoP of ofiiiNl l c-tt tin: s}I ac=, . p.5 }He eN'a- $cPl} *to Mme, ovP'R RE: 609 Main Street / Initial Plan Toning Review 99-10 Dear Mr. Ducar, This letter is in respon, e to the plans you su 'mitted for an Initial Planning and Zoning Review (IPZR) dated December 21, 1999. The project was presented at the Planning Department Project Review Meeting. A list of what was discussed about the project and changes that need to be made in order for it to be compliant with the Huntington Beach Zoning and Subdivision Ordinance (LSO are as follow-s: 1, The residence is located in an area zoned CO. General Commercial. This makes the structure a "Legal Non-Conforming Use" v;hich requires, a Conditional Use Permit (CUP) to allow for, the 136 sq. ft room addition An application fora CUP is attached to this letter. 2. The alteration to this Non-Conforming use must adhere to Chapter 236.06 (I,L) (2) (a-c) of the Huntington Beach Zoning and Subdivision Ordinance (ZSO). Please see attached section. 3. It is not clear how the existing roof wiil be raised to accommodate the new bedroom. An elevation shall depict the height and layout of the existing roof and new roof pitch. The height was measured at 31 feet according to the scale labeled on the plans. According to Chapter 210.06 (M) (1) (c) of the Huntington Beach 7SO: "Maximum building height for Main Dwellings shall be thirty-five (35) feet, however; Main Dwellings exceeding thirty (30) feet in height shall require approval of a Conditional Use Permit by the Zoning Administrator." 4. A floor plan for the accessory structure shall be submitted in order to determine parking requirem ents» 3. Please provide evidence that the previous balance of $6,225 has been paid to the City to remave the lien that was placed on the property, when it existed as a Bed and Breakfast by the previous owner. The Lien amount of $6,225 was for: i) payment of the Traffic Impact Fee, 2) completion of alley improvements and 3) relocation of the water meter 6. The $100.001PZR fee will be applied to any future entitlements. The processing time for a CUP is generally 4-6 months. Please call me if you need clarification on. any of these items at (714) 536-5271, Sincerely, Pernie Sy Planner Attachment 1 (CUP Application) Attachment 2 (HBZSO Chapter 236 Nonconforming Uses and Structures), Attachment 3 (Public Notifi,ation Requirements) M NIL March 1, 2000 Mr. Robert Dubar 609 Main Street I :_tntington Beach. CA 92648 RE: 609 Main Street ! Iritiw Plan Zoning Review 99-10 Dear Mr. Dubar, iCl' c9 Qub p,P c c.,. e i N w . spa Y- ,Tl' 47- 4 13 IS , . - - T2_ C- i p .e r S This letter is in response to t.e plans you submitted for an Initial Planning and Zoning Review (IPZR) dated December 21, 1999. The project was presented at the Planning, Department Project Review Meeting. A list of what was discussed about the project and changes that need to be made in order for it to be compliant with the Huntington Beach Zoning and Subdivision Ordinance (ZSO) are as follows: The residence is located in an, area zoned CO, General Commercial. This -lakes the structure a "Legal Non-Conforming Use" which requires, a Conditional Use Permit (CUP) to allow for the 136 sq. ft room addition. An application for aCUP is attached to this letter. 2. The alteration to this Non-Conforming use must adhere to Chapter 236.06 (B.) (2) (a-c) of the Huntington Beach Zoning and Subdivision Ordinance (ZSO), Please see attached section. 3. It is not clear how the existing roof will be raised to accommodate the new bedroom. An elevation shall depict the height and layout of the existing roof and new roof pitch. The height was measured at 31 feet according to the scale labeled on the plans. According to Chapter 210.06 (M) (1) (c) of the Huntington Beach ZSO, "Maximum building height for Main Dwellings shall be thirty-live (35) feet, however, Main Dwellings exceeding thirty I,30) feet in height shall n quire approval of a Conditional Use Permit by the Zoning Administrator." 4, A floor plan for the accessory structure shall be submitted in order to determine parking requirements. 01 5. Please provide evidence that the previous balance of $6,225 has been paid to the City to remove the lien that was placed on the property, when. it existed as a Bed and Breakfast by the p: cvious owner. The Lien amount of $64225 was for: I) payment of the Traffic Impact Fee, 2) completion of alley improvements :nd 3) relocation of the water meter C Pva -4> ISO Uri as t. 6. The $100.00 IPZP °ee will be applied to any future entitlements. The processing time for a CUP is generally 4-6 months. Please call me if you need clarification on any of these items at (714) 536-5271. Sincerely, Feriae Sy Planner Attachment I (CUP Application) Attachment 2 {IIBZSO Chapter 236 Nonconforming Uses and Structures) Attachment 3 (Public Notification Requirements) 311 e- t-A e e- bCx Fes- 1 D1 CLARATJ N STA'T' Eh NT City of Huntington Beach General Application for Staff Review Paragraph 11 e. The project located at 609 Main Street, Huntington Beach, California is not located within a hazardous waste and substance site pursuant to Section 65962.5 of the Government Code. Robert Dubar Date A Afft City of 2000 MAIN STREET Unting on Beach CALIFOR NIA 92648 DEPARTMENT OF PLANNING Phone Fax 536-5271 374-1540 374-1648 October 22, 2002 Rob Dunbar Patrick Dunbar 609 Main Street Huntington Beach,. CA 92648 Re: 609 Main Street, Huntington Beach - Assessor's Parcel Number: 024-095-07 Dear Sirs: The General Plan designation applied to the subject property is MH-Fl-25 (Mixed Use Horizontal - 0.35 maximum floor area ratio 25 dwelling units per net acre maximum). This designation provides for staid-alone commercial use of the property, as well as mixed use (Le., horizontally segregated commercial and residential uses.) The subject property is currently zoned CG (General Commercial). The CG zone provides for a fill range of commercial uses, as listed and classified in Chapters 211 and 204 respectively of the Huntington Beach Zoning & Subdivision Ordinance. The CG zone restricts residential use of the property to Group Residential (i.e., shared living quarters without separate kitchen or bathroom facilities or each room or unit), a use permitted only with approval of a conditional use permit. According to City records, the subject property, is developed with two dwelling units. The use of a structure or land that was lawiully established and maintained, but which does not conform to the current zoning ordinance is considered a non-conforming use. Section 236,04C of the HBZSO states, "Nonconforming residential uses consisting of 10 or less units, which are destroyed more (or lessl than 50% of the value prior to damage may be completely rebuilt. Copies of building permits and/or certificates of occupancy records may be purchased from the Building & Safety Department (714) 536-5241. Copies of applicable zoning regulations may be purchased from the City Clerk (714) 536-5227. The HBZSO may also be obtained from the internet at NyvvNv.ci.huntinuton beach.ca.us. Please contact me if you need any additional information at (714) 536-527I. N`'SANTOS Assistant Planer City of H untin g ton Beach 2000 MAIN STREET CALIFORNIA 92648 . DEPARTMENT OF PLANNING Phone Fax 536-5271 374-1540 374-1648 October 22, 2002 Rob Dunbar Patrick Dunbar 609 Main Street Huntington Beach, CA 92648 Re: 609 Main Street, Huntington Beach - Assessor's Parcel Number: 024-095-07 Dear Sirs: The General Plan designation applied to the subject property is MH-Fl-25 (Mixed Use Horizontal - 0.35 maximum floor area ratio 25 dwelling units per net acre maximum). This designation provides for stand-alone commercial use of the property, as well as mixed use (i.e., horizontally segregated commercial and residential uses.) The subject property is currently zoned CG (General Commercial), The CG zone provides for a full range of commercial uses, as listed and classified in Chapters 211 and 204 respectively of the Huntington Beach Zoning & Subdivision Ordinance. The CG zone restricts residential use of the property to Group Residential (i.e., shared living quarters without separate kitchen or bathroom facilities or each room or unit), a use permitted only with approval of a conditional use permit, According to City records, the subject property is developed with two dwelling units. The use of a structure or land that was lawfully established and maintained, but which does not conform to the current zoning ordinance is considered a non-conforming use. Section 236.04C of the HBZSO states, `Nonconforming residential uses consisting of 10 or less units, which are destroyed more [or less] than 50% of the value prior to damage may be completely rebuilt. Copies of building permits and/or certificates of occupancy records may be purchased from the Building Sc Safety Department (714) 536-5241. Copies. of applicable zoning regulations may be purchased from the City Clerk ('114) 536-5227, The HBZSO may also be obtained from the internet at wNv%v.ci.huntinaton-beach.ca.us. Please contact me if you need any additional information at (714) 536-5271. TO ANTOS Assistant Planner C: Mike Siane - Senior Planner C.'T.10.'w4's 11=4 -F 1= r i t October 8, 2002 Re: Grandfather Clause Attention : City of Huntington Beach Planning Dept. To Whom It May Concern: Wrs are currently in the process of refinancing our home and are -uniting into problems regarding the history of our property known as: 609 Main Street Huntington Beach, Ca 92648 This is a single family residence with a guest house -- this is or of thr: oldest homes in Huntington Beach, actually referred to as "the Talbert House". It was at one time a Bed And Breakfast, At the time we purchased the property, it was known as SFR. Although thds original appraisal has documented the Zoning as Commercial / 1 aggal Nonconforming (Grandfather uses ). I'm assuming this is in reference to i`hec Bed & Breakfast . The previous owner, as well as my brother and t iu>s been using the property as an owner occupied residence. '-LEt'J)ER 15 REQUIRING A LETTER FROM THE CITY STATING THAT IF PROPERTY IS DESTROYED? THEY ARE PERMITTED TO REBUILD 100% AS 15, A SINGLE FAMILY RESIDENCE WITH A GUEST HOUSE. Please provide as soon as possible as we are in final stages of logn financing. Ra,;pectfuiiy, Roll i3ubor ic cc `11' cot. /G l D `f --(a=._ Q ion =v. bate Patrick Dubar bate 3I -T es C-- 3 /(q -TVA i s t 5 -c- l-k e- •`CHe % Z P ¢-o -c} .1 C e. v -s 3 p '"-'F- M e-' c. 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Njj I I g- to C- \e 9 h•k 1-A Oe.+ H e v, /S+ 1t ej w s rs f PF iH') Ac= 7' Tr T-t, 'S c C_ ,)t,oar 1X V Au\Vx v_ C c+-ter- z pay--C 1 ia- S1ttns C L, z.' 0 d w+ r-cl, N V> c.-"e, ce,y 4 7 1 n ',e s' 1 - rs \ c+-h Sri c z' Q r --- a /.a n./A+k s ice- U A- c, a ' syr " t s p G `'try G rev '., e rya. {C U ` Beach Depar Tien of Commnuni STAFF REPOT TO: Planning Commission FROM: Howard Zelefsky, Planning Director BY: Jane Madera, Assistant Planner DATE: January 9, 1996 SUBJECT: CONDITIONAL USE PERMIT NO. 95-65/VARIANCE NO. 95-29 LOCATION: 609 Main Street (west side of Main Street, between Acacia and Palm) STATEMENT OF ISSUE: Conditional Use Permit No. 95-65 and Variance No, 95-29 represent a request to establish a bed and breakfast inn and includes a variance to provide five (5) of the required six (6) parking spaces on-site with valet parking. The applicants propose to utilize the two (2) existing residential structures on the property for the bed and breakfast and after minor remodeling will rent out a total. of four (4) bedrooms. The project complies with all aspects of the Huntington Beach Ordinance Code with the exception of the number and design of parking stalls, The main issues involved in analysis of this request are parking and compatibility with other surrounding uses. Staff recommends approval of Conditional Use Permit No. 95-65 and Variance No. 95-29 for the establishment of a bed and breakfast with a parking variance because: + All of the three (3) code required findings for establishment of a bed and breakfast inn can be made. + Use of the structure will preserve a historical building. The establishment will be operated by a property owner living on the premises. + The bed and breakfast establishment and building addition will be compatible with other adjacent residential and commercial uses in terms of architectural appearance, style, and provision of public services and utilities. + Five (5) of the required sic (6) parking spaces can be provided on-site with valet parking. + Granting of the variance will not result in a special privilege as other parking variances have been approved inthe vicinity. + The structure and property are subject to land related hardships due to the non-conforming size of the commercial property and the existing residential structure. + The project will be subject to a one (1) year review with public hearing to determine compliance with all conditions of approval and insure that the use has not created a parking problem. The Planning Commission reserves the right to amend the conditions of approval and require additional on-site parking spaces. t t a 51-"l MH6ft M'tHEt /-I HIM ^. -..1N6fHlt RAM CU P# 95-65/VAR# 95-29 HUNTINGTON BEACH PLANNING DIVISION RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 95-65/Variance No. 95-29 with findings and suggested conditions of approval." GENERAL INFORMATION: APPLICANT: Kathryn McKinish and Becky Van Buskirk, 609 Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: Jerry McKinish and Kathryn McKinish, 915 Lake Street, Huntington Beach, CA 92648 REQUEST: To permit a Bed and Breakfast establishment at an existing commercial property with two (2) residential structures. The Bed and Breakfast will offer three (3) ,xest bedrooms in the main house and one (1) guest bedroom in the private rear cottage. The proposal also includes a request for remodel and 132 square foot addition 0.1 the second floor of the main house for a fourth bedroom. The project also includes a variance to provide five (5) of t. e required six (6) parking spaces on site (3 spaces arranged in tandem with valet service and 2 spaces parallel to the alley). DATE ACCEPTED: November 6, 1995 SUBJECT PROPERTY AND SURROUNDING LAND USE ZONING AND GENERAL PLAN DESIGNATIONS: Sub'ect Pro e GENERAL PLAN DESIGNATION: Mixed Development ZONE: CG (General Commercial) LAND USE: Single Family Residence and, Guest Cottage North and South o Subect Pro e On Main Street between Acacia and Palm GENERAL PLAN DESIGNATION: Mixed. Development ZONE: CG (General Commercial) LAND USE; Residences/Pierce Brothers Mortuary StaffReport -119196 2 (PCSR175), East o Sub'ect Pro e Across Main Street : GENERAL PLAN DESIGNATION: Mixed Uses-Office/Residential ZONE: Downtown Specific Plan-District 6 (Mixed Use Conmercial/Residential) LAND USE: Vacant West o Sub 'ect Pro e across alle : GENERAL PLAN DESIGNATION: Mixed Development ZONE : RMH-A (Medium Density Residential-Small Lot Subdistrict) LAND USE : Multi -Family and Single Family Residences PROSE 'CT PROPOSAL: Conditional Use Permit No. 95-65 represents a request to establish Huntington Beach House Bed and. Breakfast pursuant to Section 211.04 (K) and 230.42 of the Huntington Beach Zoning and Subdivision Ordinance. A bed and breakfast is considered a visitor serving use and is defined by the code as follows: "Establishments offering lodging on a less than weekly basis in a converted single-family or multi- family dwelling or a Wilding of residential design, with incidental. eating and drinking service for lodgers only provided from a single kitchen. The applicants' narrative indicates that a continental breakfast will be served on weekdays and a full breakfast will be served on weekends. The establishment will operate using the two (2) structures on the property; one (1) main approximately 1500 square foot two (2) story house and one (1) rear approximately 700 square foot one (1) story cottage. The main house has three bedrooms that will be available for accommodations and roe applicants' request includes plans to vertically raise the roof of the house and add 132 square feet on the second floor for a fourth bedroom. The fourth bedroom will be occupied by the applicants, The smaller rear cottage currently has two (2) bedrooms, a living room area, and a small utility kitchen. The applicants propose to let the cottage to one (1) party or fay °;ly at a time. In addition, the narrative states that the existing house was originally constructed in 1901 near Pacific Coast Highway. The home is listed in the Historical Resources Invento ry prepared by the State of California Department of Parks and Recreation. The inventory states that the home was moved on to its present location between 1942 and 1946. The inventory describes the structure as "...a fine example of coastal architecture which is significant to the historical streetso-ape of the City of Huntington Beach. Individually it represents a statement of skilled craftsmansEp prevalent in the early City," Section 231.18 E. 2.c p n"p C+'a M 1 Conditional Use Permit No 95-65 is also requested fos valct service for the five (5) spaces pursuant to Staff, Report - 119/96 V s.e. P -M rt Variance No. 95-29 is requested for the following: 1. Five on-site parking spaces in lieu of the required six spaces pursuant to Section 231.04 (B) of the Huntington Beach Zoning and Subdivision Ordinance, 2. Only one of the five provided spaces meets the design standards of the ordinance code pursuant to Section 231.18 (B) as the other four spaces are only accessible by moving another vehicle and do not have access to a street by means of forward travel, The applicants have indicated that the request is necessary (see attached narrative) because the site can not physically provide the code required parking on-site. Several additional reasons for the variance request are highlighted and discussed in the Analysis section of this report. Although the submittal of the conditional use permit was not a result of code enforcement activity, staff has received one (1) complaint from the neighborhood that the bed and breakfast is currently in operation. Code Enforcement staff investigated the complaint, found no evidence of code violations, and closed the case, Zonin. Com fiance: This project is located in the CG, General Commercial Zone and complies with the requirements of that zone with the exception of parking standards. In order to reduce the number of parking spaces required, the applicants propose to remove the divider wall between the two (2) rooms in the rear cottage so that one(1) bedroom is provided instead of two(2). As noted in the chart below, the use requires six (6) parking spaces to be provided on-site. The applicants' plan depicts five (5) spaces provided on site and arranged around the rear cottage. Three (3) of the five (5) spaces are tandem (one in front of the other) and can be accessed from the alley. The other two (2) on-site spaces are parallel and are between the alley and the rear cottage. The variance is required not only because the number of parking spaces is deficient but because the they do not meet the design standards necessary for parking. The parking ordinance requires that all spaces have forward travel to and from each space to a public right of way without moving another vehicle, Only one (1) of the proposed spaces can be accessed from the alley without moving another vehicle, Staff Report -1/9/9b 4 (PCSR175) The following is a zoning conformance matrix which compares the proposed project with the development standards of Chapter 231, Off-Street Parking and Loading: 231.02. E,3 231,12 Parking Access Handica ed Parkin 231.16 A Parking Adjacent to Walls and Posts/ Columns 231.14 Parking Space Dimensions 231.04 (B)Minimum Parking Requirements 231.18 ($)Circulation Design Variance request **Conditional Use Permit request ISSUES: General Plan Con ormance. When a lot abuts an alley, then access shall be taken from the alle . None re uired. 3 additional feet in width req'd on stall adjacent to wall. Min. 9 ft. by 19 ft. wth 8 ft, maneuvering area for every 2 parallel spaces. I per guest bedroom (4 bdrms=4 spaces) plus 1 for ownerloperators (-1 space) plus 1 guest (= lspace) Total = 6 s aces Re uired. All spaces shall have access to a public street and shall be accessible without moving another vehicle. All five spaces take access from the alley. None ro osed, Complies. All spaces are9ft,by19 ft. but no maneuvering area provided for arallel.* 5 spaces provided on site (3 arranged in tandem and 2 parallel to the alley; accessed by valet parking **provided by the owner/ operators). * I space meets the design standard requi• gents* The proposed project is consistent with the goals and objectives of the City's General Plan and the Mixed Development Land Use Element designation on the subject property. Use of the historical residence as a bed and breakfast is compatible with the following goals and policies of the Land Use Element of the General Plan: Section 3.4.2.1 Communit A earance: To develop and maintain high standards of visual beauty within all areas of the City by: 1. Preserving areas of significant scenic beauty such as waterways, bluffs, trees, and historical landmarks, (PCSR175) Section 3.4.2.8 Commercial Develo ment and Tourism: To promote the development of services and facilities necessary to support a tourist industry by: 2, Continuing to diversify the economir: base of the City and increasing the tax base, 4. Promoting hotel and tourist-oriented retail development in appropriate locations. The proposed project is also consistent with the approved draft General Plan which maintains the Mixed Development land use designation on the subject property. Environmental Status: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. Coastal Status: Not applicable. Redevelo rent Status: Not applicable, Desi n Review Board: Not applicable. Subdivision Committee: Not applicable. Other De artments Concerns: The Departments of Public Works and Fire, and Building Division have recommended conditions which are incorporated into the conditions of approval. ANAL YSIS: Section 230.42 of the Huntington Beach Zoning and Subdivision Ordinance lists the following 3 findings that the Planning Commission must make in order to approve a request for a bed and breakfast: 1. The bed and breakfast inn will be operated by a property owner living on the premises; 2. The bed and breakfast inn conforms to the design and development standards of Subsection (B) of this section. and is compatible with adjacent buildings in terms of building materials, colors, and exterior finishes; and 3. Public and utility services, including emergency access, are adequate to serve the bed and breakfast inn. Prior to concluding that the above findings can be, made, there are two (2) primary issues to be addressed in the analysis of the bed and breakfast request: parking variance and compatibility with surrounding land uses. Staff Report-1/9/9G 6 (?CSR175) Parking: The five (5) spaces proposed on-site in lieu of the required six are located adjacent to the rear cottage with access from the alley. Three (3) of the five (5) spaces are proposed in tandem (one in front of the other) and are subject to a variance because only one (1) space is accessible without moving the other two (2) vehicles. The other two (2) on site spaces are provided between the rear cottage and the alley and are parallel to the alley. Since the two (2) parallel spaces do not provide any maneuverability to get into and out of the spaces a variance is also required. The variance request is accompanied by the applicants' proposal to provide valet parking for the guests of the bed and breakfast. Because only one (1) of the proposed spaces is easily accessible without moving another vehicle, the applicants intend to instruct their visitors to pull up in front of the house to unload luggage and check in. The guests would then leave their keys with the operators who would drive the vehicle to the alley, perform any necessary maneuvering, and park the vehicle. The applicants intend to offer the valet service at all hours and have indicated their belief that parking will not create a problem. Another reason the applicants have requested support of the variance is because they indicate there are two (2) parking spaces available on the street in front of the property. The applicants also reason that by granting the parking variance, it allows them to utilize the reside i.ial structure in the commercial zone as a commercial business, Use of the structure as is will enable the applicants to preserve the historicall.• designated home. The applicants' narrative also cites support for the variance stating that it would not ae a grant of special privilege because other parking variances have been approved in the vicinity. Notably, the Art Center at 538 Main received a 103 space parking variance and the nearby Town Square project was required to make up a deficient number of parking spaces at the Third Block West project which to date has not been built. Staff supports the request for the parking variance for several reasons and with several conditions. First, the revised plans depicting five (5) required spaces on-site can be utilized by providing valet service. A recommended condition of approval to require the owners to offer valet service to their guests at all times will help to insure that adequate parking is available. The valet service will also prevent impacts to parking on Main Street. Currently, parking on the west side of Main Street (the same side as the proposed bed and breakfast) can at times be overcrowded while parking on the east side of the street (adjacent to mostly vacant property) is generally open and available. It is not likely that the vacant land will remFin vacant, however, and since it is zoned for residential uses any project will probably increase the on-street parking demand. One (1) of the findings necessary in order to approve a variance iSthat a land related hardship in regards to lot size, shape, topography, or surroundings must be demonstrated. Development standards and parking requircme,its were very different when the existing residence was relocated to the subject property in the 1940's e' en though the earliest city records show that the property has been zoned for commercial uses since at least 1946. Now that the applicants are attempting to conform to current code requirements while mainta',ning the use of the residential structure, the size of the property and the structure itself are non- conforming to the commercial standards of today. It would be nearly impossible to utilize the property as a co' iformingcommercial venture today without demolishing or relocating the historical structure. ..J Staff Report 1/9196 7 (PQSR175)' Another suggested condition of approval is to require review of the project within one (1) year and retain the option to add additional parking on site. While conducting a thorough review of the project, staff has determined that an alternative plan to provide a total of six (6) on-site parking spaces is possible. The alternative plan, however, requires a partial demolition of the rear cottage, It should be clear that staff is not currently recommending implementation of the alternative plan but that it may be an option to enforce if the one (1) year review reveals that the business is impacting on-street parking, ev In short, provision of the parking with valet service will substantially meet the parking demand of the bed and breakfast without impacting on street parking, will not be a grant of special privilege, and is justified F} because of the land related hardships that the existing property is straddled with. Compatibility: With the provision of valet parking, the use of the existing structure as a bed and breakfast establishment will be compatible with the adjacent residential uses and nearby commercial uses. The style and architectural significance of the home has recently been upgraded with paint, landscaping and other improvements made by the applicants of the project. If approved, the applicants intend to raise the roof of the structure and add 132 more square feet un the second floor. The remodel pl. ns demonstrate that the addition will be compatible and consistent with the existing structure. Since other homes and structures on the subject block also date back many years, the exterior appearance of the bed and breakfast is architecturally compatible with the neighborhood. The recent improvementsbN,the applicants also serve to enhance the appearance of the street scene. Since the existing structure is r sidentlal, all utilities to serve the bed and breakfast are already in place. Emergency service can easily be provided to the site as the property is surrounded by Main Street on the front and alley in the rear. Because of the size and shape of the property emergency access can be maintained provided none of the thorough fares are blocked during valet parking procedures. SUMMARY: Staff-'recommends approval of Conditional Use Permit No. 95-65 and Variance No. 95-29 for the establishment of a bed and breakfast with a parking variance because: o All of the three (3) code required findings for establishment of a b. d and breakfast inn can be made. o Use of the structure will preserve a historical building. o The establishment will be operated by a piuperty owner living on the premises. o The bed and breakfast establishment and building addition will be compatible with other adjacent residential and commercial uses in terms of architectural appearance, style, and provision of public services and utilities. a Five (5) of the required six (6) parking spaces can be provided on-site with valet parking. o Granting of the variance will not result in a special privilege as other parking variances have been approved in the vicinity. o The structure and property are subject to land related hardships due to the non-conforming size of the commercial property and the existing residential structure. e The project will be subject to a one (1) year review with public hearing to determine compliance with all conditions of approval and insure that the use has not created a parking problem. The Planning Commission re,erves the right to amend the conditions of approval and require additional on-site parking spaces. Staff Report - 1/9/96 8 (PCSR17S) ALTERNATIVE ACTION: The Planning Commission may make either of the following two (2) alternative actions: A, Deny Conditional Use Permit No. 95-65 and Variance No. 95-29 with findings. B, Continue Conditional Use Permit No. 95-65 and Variance No. 95-29 and direct staff accordingly, ATTAChQVIENTS: 1, Findings and Conditions for Approval 2. Site Plan, Floor Plans and Elevations dated December 28, 1995 3. Narrative 4. Petition in Support of Project SH: JM; kjl Staff Report - 1/9/96 (PCSR175) ATTACHMENT NO. 1 FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 95-65/VARIANCE NO. 95-29 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95- 65: 1. The establishment, maintenance and operation of the bed and breakfast with valet parking will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the use is compatible with other residential and commercial uses in the vicinity, adequate parking for the facility can be provided through the use of valet parking, and the business will be operated by an owner living on-site. 2. Conditional Use Permit No. 95-65 for establishment of a bed and breakfast with valet parking will be compatible with surrounding uses because with the exception of parking the use will resemble a residential use 3, The proposed bed and breakfast with valet parking will comply with the provisions of the base district which i General Commercial and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it woul be located with the exception of parking. Variance No. 95-29 has been approved in conjunction with this request to reduce the number of on-site parking spaces and to allow substandard spaces to be served by valet parking. 4. The granting of the conditional use permit for a bed and breakfast establishment with valet parking will not adversely affect the General Plan. It is consistent with the Land Use Element designation of on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: A, ection 3.4.2.1 Communi A earance: To develop and maintain high standards of visual beauty within all areas of the City by: Preserving areas of significant scenic beauty such as waterways, bluffs, trees, and historical landmarks, B. Section 3.4.2.8 Commercial Develo ment and Tourism: To promote the development of services and facilities necessary to support a tourist industry by: Continuing to diversify the economic base of the City and increasing the tax base, Promoting hotel and tourist-oriented retail development in appropriate locations. Attachment-1/9196 (PStl7»1oj FINDINGS FOR APPROVAL - VARIANCE NO. 95-29: 1. The granting of a variance to permit five on-site, substandard parking spaces to be served by valet parking in-lieu of the required six spaces will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification, Other projects in the area have been granted parking variances, particularly in terms of a reduction in the number of spaces to be provided. 2. Because of special circumstances applicable to the subject property, including size, shape, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The property is encumbered because it is a legal non-conforming commercial property that is undersized for commercial development. Also, the existing residential structures on the property have been listed in the City's Historical Resources Inventory and the granting of the variance will encourage the preservation of the structure. 3. The granting of a variance to permitfive on-site,, substandard parking spaces to be served by valet parking in-lieu of the required six spaces is necessary to preserve the enjoyment of one (1) or more substantial property right The existing residential structures on the property have been listed in the City's Historical Resources Inventory and the granting of the variance will facilitate the preservation of the structure: 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. A condition of approval requires that valet service for be provided to guests at all times the bed and breakfast establishment is in operation in order to reduce the on-street parking impacts and preserve the rights of other owners, SUGGESTED CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 95-65- 1. The site plan received and dated December 28, 1.995 and the floor plans and elevations received and dated November 6, 1995 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed, a. Elevations shall depict colors and building materials proposed, b. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. Attaclunent - 1/9/96 (PCSR175-11) 3. Prior to using the buildings as a bed and breakfast establishment, the following shall be completed: a.. The applicant shall stripe the parking so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance with the exception of the aspects of the approved variance. b. The applicant shall dedicate two and one-half feet of alley right-of-way to the City of Huntington Beach, The applicant shall also remove existing asphalt and replace with new concrete for one-half of the width ofthe alley adjacent to the property. A field inspection by Public Works shall determine whether any of the curb, gutter, sidewalk, or street in the front of the property on Main Street warrant improvements by the applicant.(PW) c. The applicant shall complete all necessary upgrades to the water meter and service lines as determined necessary by Public Works Department and Building Division. d. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. e. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 4. The use shall comply with the following: All guests to the bed and breakfast ina shall be provided with valet service for the parking of vehicles 24 hours a day, seven days a, week with the exception of days and times when the bed and breakfast is not in operation. .b. Fire access lanes shall be maintained especially while providing valet service. If fire lane violations occur and the services of the Fire Department are rewired the applicant will be liable for expenses incurred, (FD) A review of the use shall be conducted by the Staff within twelve (12) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance At that time if there are violations of these conditions or if a parking problem occurs, staff will conduct a public hearing in order for the Planning Commission to consider modifications to the conditions of approval including requiring the provision of additional on-site parking spaces. Attachment -.1/9/96 (PUP 175-12) INFORMATION ON SPECIFIC CODE RE UIREMENTS: 1, If determined necessary, Traffic Impact Fees shall be paid at the time of final inspection, (PW) 2. An encroachment permit shall be required for all work within the right-of-way, (PW) 3. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 4. Construction shall be limited to Monday - Saturday 7:00 AM to 8.00 PM. Construction shall be prohibited Sundays and Federal holidays. 5. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95-65/Variance No. 95-29, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoniag and Subdivision, Ordinance or Municipal Code occurs. 6. Conditional Use Permit No, 95-65/Variance No. 95-29 shall become null and void unless exercised within one (1) year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration ',late. Attachment - 1/9/96 (-PCS1t175-13) I, i 0 01IYAL t. .--- MaMo ano..cYF)+m1EXISTING GUEST HOUSE PLANr+nr... -o..ryl:rVNmrPROPOSED GUEST HOUSE PLANrxu 1/r - !.0 8,/F - !•-c• C-.alt`' •--%- i,eax,a•teps1.KITaosmarant17e,oanNsK+TUGY7• b' x $.-o x'-a• x MOMAP' STREETSITE PLANenROO•,v.LLrrnKneNORM.alc !n-.,- A u.EXIST STAIRSEXISTING BEDAQCMEXIST. HALLi LwwqVrw I'--E%ISENG aEDTtacMa.or'oq -- - r m.NEW BEDROOM7.uI-.R2'.al KCt, .5w.-,emsWALK-IN iCLOSETI!MAra A. -'0. E%ISTJ+ffPOWOESEXIST BATrtri ce!{4N+vORINESUSTING UVING F1OOl.1EESRNG PC`CHrte/srkl._z-EXISTING KIMHENtiUEXIST BATH• 'Sz4%1ST1.ALWOPr .'-•r-ae,csw.G plat., nowANNo.ua.ar.o. u.o.a..0u..eEXISTING SECOND FLOOR PLANer:yr.ne.-a rA-1 FRONT (MAIN ST.) ELEVATIONPOT! SOlE1 bMPlq PEICATEE DVF I EWC4 OETMEEN E74TNO WP PFOX'OSEOCPOS.$HATCT 5WA 00 wCAT6S rAST r"CPWSDEC28 1995cEXISTING FRONT (MAIN ST.) ELEVATIONPROPOSED FRONT (MAIN ST.) ELEVATIONA21 Lots 5 and 6 of block 606 Huntington Beach, Ca. 92648 RE UEST TO `STABL SH A BED & BREAKFAST AT 609 Main str et a J['U 'Cl'? This historic Talbert house and guest house were built on Pacific Coast highway, then Ocean Blvd. in 1901. Twice Mayor, long time city councilman and one of our cities Founding Fathers, Mr. Talbert and his family had the houses moved to Main Street in 1934 . This was prompted by the oil development on the coast at the time, Th'- Talberts lived in the home until 1936. The main house is a 3 bedroom 1522 sq. foot house. The guest house is 700 sq. feet my proposal is to add a fourth bedroom to the main house. My total addition of square footage will be 132 sq. feet. None of this will change the footprint or current set backs on the house. The new bedroom will be gained by extending out over the lower bath and making use of space that is currently wasted space, due to the roof design. There is as you can imagine, a great deal of deterioration. I propose to remodel the main house making the best use of the space available, I further propose to add a fourth bedroom in the main house and to open my home and the guest house as IMNTNCJTON BEAC 1 F OUSF B & BF. AUAST.I feel this great structure can again be a contributing factor in our community and a source of pride. The three existing bedrooms in the main house will be available for guests to rent. The guest house will be rented to one party at a time such as afamily with children. Having two bedrooms, kitchen its own laundry area and living room, this is much more economical for a family than to rent two rooms in the main house., When the Bc'' & Breakfast opens, the living room, dining room, two bathrooms, front porch and rear deck will be common areas. UA HMENTNIG, Two owners will live on the premises full time. The new fourth bedroom would be owners sleeping quarters. This room the kitchen and laundry will not be for guest use. The only meal to be served will be continental breakfast weekdays and a full breakfast weekends. A snack of cake or cookies will be available in the afternoon as well as beverages all day. Quiet time will be encouraged after 10:00 p.m. Currently there is a great deal of wasted space upstairs. The current roof design prohibits full use of the floor space available. The roof on the front househas to be replaced. There is dry rot damage to rafters and no plywood under the shingles, just strips for nailing. As I have to go to the expense of removing the entire roof , my hope is to raise the roof line and extend out over the lower bathroom to add the new bedroom. In raising the roof line I will gain much needed space in existing rooms and have more functional living space. I have had great support from the community thus far. People are pleased to see the end of the neglect to this beautiful old house and someone trying to save it rather than tear it down, or worse, let it fall down. Thank you for hearing my reasons for attempting to save this great structure. As GTO BEACH HOUS,BRAE ATFAST. I believe we will be an asset to our community. Your consideration is appreciated. PARKING- *When these structures were moved to the site in 1936 there were no code requirements for off-street parking. • Since we propose to restore and preserve these two historic structures, it is not possible to meet the strict interpretation of the code which calls for (1) space per guest room, (1) guest space and (1) owner/manager space., We interpret these rules to be as follows: 3 rooms in the main house 3 spaces • Guest House 1 space • Guest Space 1 space • Owner Space I space Total, 6 SPACES We have (3)valet parking spaces on-site, parked in tandem and (2) spaces in the street, for a total of (5) spaces.. We would like to have been able to provide (6) spaces, however, we lost (1) space due to the city requirements for 2 112 ft. alley dedication. Exce tional Circumstances- m We are attempting to preserve two historical structures. In order to meet the strict code requirements, we would have to demolish at least one and possibly both structures. The city had expressed a policy of preserving historic structures. Other commercial uses in the area do not meet these strict applications of the parking code. A royal of this a lication is not a rant of s ecial rivelaae for the following reasons: • This will allow the city to preserve two historic structures, which is a city priority. I know of no similar situation in this immediate area. e Other projects in this area have been granted parking waivers of some form: The Art Center was granted a reduction of 103 parking spaces. The code required the Center to provide 125 parking spaces and wily 22 spaces were available. • In granting the above variance, the city considered the available on-strict parking spaces and the fact that the site was a legal building site. Both of these situations exist and apply to our situation. Town Square commercial is deficient in the total number of required parking spaces. The project was to have made up the deficiency from 3rd Block West, but this was never done. Also, the project was credited with on-street parking in front of din, commercial site on Main St. Also, the on-street parking was redesigned to provide diagonal parking. • The variance is necessary to preserve substantial property rights, because of the following: These historic structures are located in a commercial district and are classified as a non-conforming use. This proposal, to allow the structures to be used as a Bed & Breakfast, will allow the structures to remain and to preserve their historical status. In order to meet the strict application of the code, any proposal to develope the property commercially would require the removal of these structures, This would be unfortunate. • This proposal is not detremental to the public welfre, because a Bed & Breakfast use is compatible with this area and does not intensify corrimercial use in this area of brain St. Other commercial uses in this `ea have limited parking and it has not caused a problem. In Conclusion- It is interesting to note, the previous code requirements permitted a Bed & Breakfast in any single-family residence and in any zone deemed by the city to be of architectural or historical significance and in compliance with the uniform building codes. 'I his code was in existence when this project was first started and I am not aware of any changes to this code. It makes me wonder how and when the code was changed. Thank You, Kate IcKinish Rebecca Van Buskirk Huntington Beach Planning Commission N N N N N N N N N N N /I /r, N /v1 /N N N N /V N N P.O. Box 190 ar- January 12, 1996 NOTICE OF ACTION Applicant: Kat 92648 California 92648 McKinish & Beckv Van Buskirk 609 Main Street. Huntinc' Property Owner: Jerry McKinish, 915 Lake Street, Huntington Beach, CA 92648. Subject: CONDITIONAL USE PERMIT NO, 95-65/VARIANCE NO, 95-29 Your application was acted upon by the Huntington Beach Planning Commission on Janu 9 1996 and your request was: WITHDRAWN APPROVED APPROVED WITH CONDITIONS XX (see attached DISAPPROVED TAJ3LED CON11• :r D UNTIL ''4eacil, CA Under the provisions of the Huntington Beach Ordinance code, the action taken by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party d :rns himself aggrieved. Said appeal must be accompanied by a filing fee of twelve hundred (51,200) dollars and be submitted to the City Clerk's office within ten (10) days of the date of the Commission's arrtion, In your case, the last day for filing an appeal and paying the filing fee is Janu 19 1996. Provisions of the Huntington Beach Ordinance Code are such that any application becomes null and void one (1) year after final approval, unless actual construction! has started, A 0 Huntington Beach Planning Commission P.O. BOX 190 REVISED January 12, 1996 Kathryn McKini,shf Becky Van Buskirk 609 Main Street Huntington Beach, CA 92648 CALIFORNIA 92648 SUBJECT.' CONDITIONAL USE PERMIT NO. 96-65INARIANCE NO. 95-29 PROPERTY OWNER: Jerry McKinish, 915 Lake Street, Huntington kitach, CA 92648 REQUEST: To permit a Bed and Breakfast establishment at an existing commercial property with two (2) residential structures. The Bed and Breakfast will offer three (3) guest bedrooms in the main house and one (1) guest bedroom in the private rear cottage. The proposal also includes a request for remodel and 132 square foot addition on the second floor of the main nouse for a fourth bedroom. T='e project also includes a variance to provide five (5) of the required six (6) parking spaces on site (3 spaces arranged in tandem with valet service and 2 spaces parallel to the alley). LOCATION: 609 Main Street (west side of Main Stre t, between Acacia and Palm) DATE OF ACTION: January 9, 1995 FINDINGS FOR APPROVAL CONDITIONAL USE PERMIT NO. 95- 65: 1. The establishment, maintenance and operation of the bed and breakfast with valet parking will not be detrmvmtal to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the eighborhood because the use is compatible with other residential and commercial uses in the vicinity, adequate parking for the facility can be provided through the use of valet parking, and the business will be operated by an owner living on-site. .2. Conditional Use Permit No. 95-65 for establishment of a bed and breakfast with valet parking will be compatible with surrounding uses because with the exception of parking the lire > gill resemble a residential use. (PCCL046.1) 3, The proposed bed a,.,. br,..xfast with valet parking will comply wiu, the pi ovisions of the base district which is General Commercial and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located with the exception of parking. Variance No. 95-29 has been approved in conjunction with this request to reduce the number of or, site parking spaces and to allow substandard spaces to be served by valet parking. 4. The granting of the conditional use permit for a bed and breakfast establishment with valet parking will not adversely affect the General Plan. It is consistent with the Land Use Element designation of on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: A. Section 3.4.2.1 Communi A earance: To develop and maintain high standards of visual beauty within all areas of the City b'r: 1, Preserving areas of significant scenic beauty such as waterways, bluffs, trees, and historical landmarks. B. Section 3.4.2.8 Commercial Development and Tourism: To promote the development of services and facilities necessary to su,ppon a tourist industry by: 2. Continuing to diversify the economic base of the City and increasing the tax base. 4. Promoting hotel and tourist-oriented retail development in appropriate locations. FINDINGS FOR APPROVAL - VARIANCE NO. 95-29: 1. The granting of a variance to permit five on-site, substandard parking spaces to be served by valet parking in-lieu of the required six spaces will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Other projects in the area have been granted parking variances, particularly in terms of a reduction in the number of spaces to be provided. In addition, there are two (2) parking spaces on Main Street adjacent to the subject property. 2. Because of special circumstances applicable to the subject property, including size, shape, location, or surroundirgs,.the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification, The r e ' i e cu er d' u jtjLJW4 - n commercial property that is undersized for commercial devello rnent. Also the existin residentiaal eruct f, v `y he .itv';fLHis1n cal Resaurces -t e's to Invgn n in f he variance will _encuraee the preserva ion of the structure. r .,1 1 The granting of a variance to permit five on-site, substandard parking spaces to be served by valet parking in-lieu of the required six ;:paces is necessary to preserve the enjoyment of one (1) or more substantial property rights, The existing residential structures on the property have been listed in the City's Historical Resources Inventory and the granting of the variance will facilitate the preservation of the structure. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. A condition of approval requires that valet service for be provided to guests at all times the bed and breakfast establishment is in operation in order to reduce the on-street parking impacts and preserve the rights of'othek owners. (PCCLO4bw2) CONDITIONS OF Ax. RU JAL-CONDITIONAL USE PE) vffi NO. 95-65: 1. The site plan received and dated December 28, 1995 and the floor plans and elevations received and dated November 6, 1995 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a, Elevations shall depict colors and building materials proposed. b. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to using the buildings as a bed and breakfast establishment, the following shall be completed: a.. The applicant shall stripe the parking so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance with the exception of the aspects1.7 of the approved variance. Turf block may be used for the three (3) spaces along the northerly property line in-lieu of asphalt or concrete. b. The applicant shall dedicate two and one-half feet of alley right-of-way to the City of Huntington Beach. The applicant shall also remove existing asphalt and replace with new concrete for one-half of the width of the alley adjacent to the property. A field inspection by Public Works shall determine whether any of the curb, gutter, sidewalk, or street in the front of the property, on Main Street warrant improvements by the applicant. (PW) c. The applicant shall complete all necessary upgrades to the water meter and service lines as determined necessary by Public Works Department and Building Division. d. All improvements to the property except the proposed room addition shall be completed in accordance with the approved plans and conditions of approval specified herein. e. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off site facility equipped to handle them. 4. The use shall comply with the following: a. After check in, all registered guests to the bed and breakfast inn shall be provirk,, ;with valet service for the parking of vehicles 24 hours a day, seven days a week with the exception of days and times when the bed and breakfast is not in operation. The applicants shall not be required to provide valet parking service for visitors to the site that are not registered guests: b. Fire access lanes shall be maintained e11c a?l'r while pr ,viding valet service. If fife lane violations occur and the serliees ul'the Fire I °partmen=; y'e required the applicant will be liable for expenses irc rred, (FD) (PCC.Q46-3) 5. A review of the ust .,.iar, oe conducted by the Staff within t . re ,., 2) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval. INFORMATION ON SPECIFIC CODE RE UIREMENTS: 1. If determined necessary, Traffic Impact Fees shall be paid at the time of final inspection. (PW) 2. An enCrL anent permit shall be required for all work within the right-of-way. (PW) 3. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 4. Construction shall be limited to Monday Saturday 7:00 AM to 8:00 PM, Construction shall be prohibited Sundays and Federal holidays. 5. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95- 65/Variance No, 95-29, pursuant to a public hearing, if any violation of'these conditions occurs. 6. Conditional Use Permit No. 95-65fVariance No, 95-29 shall become null and void unless exercised within one (1) year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. I hereby certify that Conditional Use Permit No. 95-65 and Variance No. 95-29 were approved by the Planning Commission of the City of Huntington Beach on January 9, 1996, upon the foregoing findings and conditions. Please be advised that the Planning Commission reviews the conceDt,ial plan as a basic request for entitlement of the use applied for in relation to the vicinity in which it is proposed. The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements. It is recommended that you immediately pursue comple non of the conditions of approval ao address all requirements of the Huntington Beach Zoril tg and Subdivision Ordinance in order to expedite the processing of your total application. Sincerely, Howard Zelefsky, Secretary Planning Commission cote Hess, P Senior Planner (PCCLb46-4) s f I No '`F ._K M 10. ID fr- _..r-O 0 : {cam V 9P-Ce ¢ e. I'4 N sue. k..P-kk 3 ,r c.-i kto g r. 2 p Ito. % Ar a N44a o , C, e - I A, _ - e- 11 DATE 11/6/95 Application received to establish B & B and variance to provide 5 of 6 required spaces on-site w/ valet parking 1/9/96 CUP 95-65/VA R 95-29 Approved by PC 1/9/96 Conditions require: 1. Payment of TIP at $1350 2. Pavement of half the width of the alley wl concrete 3, Relocation of Water Meter 5/20/96 City and J. McKinish sign Stipulation of Lien requiring payment of $6225 = monetary value of above 33 conditions 12/5/97 No response 11/24/97 City wrote letter re: status of lien and requested response by 12/5/97 10/15/97 Requested RLS 811/97 Either complete above 3 conditions or pay $6225 12/12/97 STATUS OF BED AND BREAKFAST LIEN October 7, 1998 YMc1 ISSUE Kate McKinish called for info on new project -Coffee House/Bakery; staff inquired about status of lien, she stated property in escrow 12/19/97 City wrote 2 letter and requested response by 12/31/97 1/29/98 Received response to RLS - Lien will be covered and payed through escrow; City would then be responsible to perform work 10/7/98 No application submitted and property.not converted to coffee hause/bakety; Escrow did not close; lien has not been payed OIL' 1) Uar 2' ) Y Tc .x (T :P YD" rh' C. I'V7 1, C5 CITY OF HUN TINGT ON BEACH 0 INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Connie Brockway, City Clerk FROM: Jane Madera, Associate Planner SUBJECT: Status of Bed and Breakfast Lien - 609 Main Street DATE: March 13, 1998 In response to your memo dated March 10, 1998,1 am not aware that the City has received payment of the above noted lien. The last information 1s °nt to you was communication from the City Attorney's Office to Gold Coast Escrow dated January 26, 1998 stating that the lien will be coLlsidered satisfied once we receive payment. Typically, the City will receive payment prior to close of escrow on the property, however, I do not have any record that this has occurred. It is my understanding that once we do receive payment then the City Attorney's Office will prepare a written letter to release the Claim of Lien, ec: Paul D'Alessandro, Deputy City Attorney HUNTINGTQN BEACIT. TO, Jane Madera, Associate Planner FROM: Connie Brockway, City Clerk DATE: March 10, 1998 SUBJECT, MC KINISH, JERRY 11 ''riT'i7,'.' Jane, it seem you sent me material that wot:ld show the lien is paid. If so, could you send again to r . I would like to microfilm and retire this file along with others I am retiring. Thank You, Connie P.S. Will there be instructions to the Clerk's Office to take steps to remove the lien or is that done in a different way? cbmems/98-36jc,doc Gall Hutton Ciry Arorney January 26, 1998 OFFICE OF l CITY ATTORNEY P.O, Box 190 2000 Main Street Huntington Beach, California 92643 Gold Coast Escrow (a1•'Attn: Carol V. Jones, Esc 17541 Irvine Boulevar'ulte C Tustin, CA 92780 Re: Claim of Lien, Demand Statement and Lien Release Dear Sir or Madam: Telephone (714) 536-5555 Fax (714) 374-1590 By this letter, the City of Huntington Beach demands payment of the lien described hereinafter. On June 18, 1996, a Stipulation of Lien, executed between the City of I Huntington Beach and Jerry McKinish, was recorded against the property located at 609 Main Street in Huntington. Beach with the Recorder of the County of Orange, California. A copy of the Stipulation of Lien is attached hereto as Exhibit A. showing the date of recordation and Recorder's Number 19960309765, The lien amouilt is 56,225, due and payable as of August 1, 1997 and as yet unpaid. Upon receipt of payment of the lien amount of 56,225, the lien will be considered as satisfied and the above described Claim of Lien released. Very truly yours, GAIL I LITTON City Attorney "tom{ by. Paul D'Alessarrdro, Deputy City Attorney Attachment: Stipulation of Lien g:4:481ettets: lenpymt r1s # 97 Recording Requested By, and When Recorded Return to: THE CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Recorded in the Bounty of Orange, California Gary L. Granville; Clerk/Recorder IllNlllllllillllifllll"IllllllllllillfllllllllllllllllllillllllllNo Fey 19960309765 04:30PM 06/18/96 008 140051 10 14 23 A12.4 7.00 9.00 0 .00 0.00 0 .00 0,00 STIPULATION OF LIEN BETWEEN THE CITY OF v n HUNTINGTON BEACH AND JERRY MC KINISH PERTAINING TO PROPERTY LOCATED AT 609 MAIN STREET yl}, (WEST SIDE OF MAIN STREET, BETWEEN ACACIA AND PALM), IN HUNTINGTON BEACH, CALIFORNIA This agreement is entered into this _day of , 1996 be„seen Jerry McKinish (hereinafter "OWNER°) and the City of Huntingto Beach (hereinafter "CITY") to satisfy Conditional Use Permit No. 96-65 Conditions of Approval specif ', Paying the Traffic imr Mt Fee of One Thousand Three Hundred Fifty dollars ti`.1,35O), and 2. Concrete pave the alley per Condition No. 3b: The applicant small dedicate two and one-half feet of alley :Fight-of-way to the City of Huntington Beach. The applicant shall also remove existing asphalt and replace with new concrete for one-half of the width of the alley adjacent to the property. A field inspection by Public Works shall determine whether any of the curb, gutter; sidewalk, or street in the front of the property on Main Street warrant Improvements by the applicant (Pwj, and Relocate the water meter per Condition No. $c: The applicant shall complete all necessary upgrades to the watermeter and service lines as determined necessary by Public Works Department and Building Division. CITY shall permit OWNER, in-lieu of paying the Traffic impact Fee and installing said improvements , to pay CITY a fee of Six Thousand Two Hundred Twenty Five Dollars ($6,22). Such a fee will be due and payable no later than August 1, 1997, As security for the performance of the obligation of paying. the required fee of $6,225 as stated herein , both parties stipulate that this agreement shall constitute a lien under California Civil Code Section 2881 in the amount of Six Thousand Two Hundred Twenty Five 3*JatymNdiiencup9J5rd196 Dollars ($6,225) on the property described herein and shall have priority over a;,,y and all junior liens. Such a lien shall be extinguished upon completion of the above described improvements and payment of the Traffic Impact Fee, or payment of Six Thousand Two Hundred Twenty Five Dollars ($6,225) to the CITY. OWNER acknowledges that the debt to the CITY will be secured by this lien against the subject property, and wili be subordinate to the existing financing, This lien will be due and payable should the OWNER refinance the property. CITY OF HUNTINGTON BEACH OWNER By: Mayor 0,.,,,f np-n'e ATTEST: '---/ City Clerk REVIEWED AND APPROVED: ity Adminis INITIATED D APPROVED:1 -57, Director of Economi Development Tax-Exempt•Government Agency CITY OF HUHTINGTON BEACH Cenn)e Brockway, CMC cay Clerk Ely lax c J Deputy City Clark,, This document is solely for the official bttvinoss of the City of fti itinc nor Ba ch, c.0 coritam- plated under Go+rornaie.at Code Sec. 6103 and should be ro Qorded free of Charge. Nlattymisci11encup9/SJ3156 NA McKinish APPROVED AS TO FORM: 'or City Attorney QALIFORNIA AL.I.w3>I BE ACKNOWLEDGME State of County of On 01 personally appeared 'L° E- r before me, 1C Da;e Name and Tole of otter ( 'J e One. otary Public) Narne(s)of Signer(s) over', tome on the basis of satisfactory evidence to be the persop4- whose name(:eYis/an--subscribed to the within instrument SSA ROEJ Corrrrh6on 0 1 Od2450 Notary Pubes -Cdkmiaaarej My CormtE)pt'es.l;in 7210 and acknowledged to me that he/akt . executed the same in his M-- , authorized capacity fy.es), and that by his/her/their signature-Won the instrument the person((, or the entity upon behalf of which the persons-} scted, executed the instrument. WITNESS my hand and official seal. G Sigraf:rre at Nc:ary Pub. OPTIONAL Though the inlrrrmalion below is not required by tav1, it may prove valuable to persons relying on the document and could prevent fraudulent removaf and reattachment of this form to another document, Description of Attached Document Title or Type of Document:C t Document Date: Signer(s) Other Than Named Above: Capaoity('ies) Claimed by Signer(s) Signer's Name: ___ Individual 10 Corporate Officer Title(s): .t Partner--C Limited `=General C Attorney-in-Fact Trustee Guardian or Conservator - Other:lap c:- urrb here Number of Pages:-acln Signer's Name: O Individual i Corporate Officer Title(s): O Partner-f Limited C General 7 Attorney-in-Fact Trustee O Guardian or Conservator C Other:lop of 1hurno here 0 1495 National Notary Assoc ation - 8236 Rerfinef Ave,. PD. Box 7"184 • Cant)-,,a. Ram CA 91309-718x', Prod_ No. 5907 Aeatder: Deq ToUP.rtee i-80o-a76-E CALIFORNIA ALI ' i State of County of On 3 before me, Date personally appeared- Gpersonally known to me - MAYBPtCE L JOHNSON COMM. #9911 35Notary Public - e oufa-nio MANGE CoutviY,tilt' Comte.Ex--j'-MAY 11. 1997 IL CICI/ Name and Tit! of Ott cer (e.g.. *Jane Doe, Notary Pub; Namets) of Signer(s) `-ct- to be the person(s) whose name(s) +s:tare subscribed to the within instrument and acknowledged to me that h e,sher'thei executed the same in -f ;heir authorized capacity(ies , and that by ? e :' heir signature() on for instrument the person{s), or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. 0 OPTIONAL Though the inlorrnarion below is not required by lat ; it c ;''.yprove valueble to persons relying on the document and could prevent r iudulent removal and rea b ^- tment of this lorm to another document. Description of Attached Document Signer(s) Other Than Named Above:AL Capacit r(ies ) Chimed by Signer(s) Title or Type of Document: Document Date: 5 4 Signer's Name: 0 Individual o Partner-0 Limited 0 General O Attorney-in-Fact Trustee 0 Guardian rr Conservator 0 Other: Corporate Officer Title(s): Signer Is Representing: t`se• U ' 3 AGKNOWLED GME1 ' Top of thumb here r• Number of Pages: Signer's Name: D Individual 0 Corporate Officer Title(s): El Partner -0 Limited 0 General O Attorney-in-Fact 0 Trustee 0 Guardian or Conservator !Other:C C-c.. Signer Is Representing -p V.... V e e Ia' Top of thumb here 0 1994 National Notary. Associatioh • 8236 Remmel Ave„ O. sox 7104 + Canoga i'aex. CA 9130941U Prod, No. 5907 Acctrer. Call Tog,FICr 1.E00.616- a d GOLD COAST ESCROdd 17541 Irvine Boulevard, Suite C Tustin, CA 92780 (714) 734-9250 FAX (714) 734-9246 THE CITY OF HUNTINGTON BEACH December 15, 1997 2000 Main Street Escrow #: 013339 Huntington Beach, CA 92648 Property: 609 Main Street Huntington Beach, CIA 92648 RE:Clyde Jerry Mc Kinish Jr. CON ccHctc(! d •Case #;19960309765 An escrow has been opened with this company under the above referenced number in which you are named as a creditor on an: 0 Abstract of Judgement 0 IRS Lien 0 Franchise Tax Lien (x) Stipulation of Lien The escrow instructions provide for full payment of your judgment/lien. Enclosed please find a copy of the recorded judgment/lien. Please send your demand and both copies of the satisfaction/lien release to the following location: Gold Coast Escrow 17541 Irvine Boulevard, Suite C Tustin, CA 92680 Attn: Carol V. Jones Esc No: 13339 Please furnish the items requested as soon as possible to assist in the closing of this escrow. We appreciate your cooperation in this matter. Very truly yours, GOLD COAST ESCROW CITY O1 ,11UNTINGTON BEACH REQUEST FOR LEGAL SERVICES Lail Hutton, City Attorney Date: 10/10197 RLS No, -Y Assn To Date 1. S- Request made by: Telephone: Department: Melanie Fallon 5455 Community Development INSTRUCTIONS : File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: Ordinance 0 Opinion Stop Notice Resolution Lease Bond Meeting Contract/Agreement Deed Court Appearance Insurance [ Other: Is Request for Preparation of Contract form attached? Are exhibits attached?i If for City Council action, Agenda Deadline C,, ' lcii Meeting If not for Council action, desired completion date: 10/24/97 COMMENTS Yes No EYes E] No Unless otherwise specified herein, I consent to the disclosure of the information contained in this RLS to all members of the City Co ncil. Signature of D artment Head The Planning Commission approved CUP 96-65 and Variance No. 95-29 for the establishment of a Bed and Breakfast inn on January 9, 1996, The conditions of approval included three items that the applicants indicated they could not-comply with: 1) Pay Traffic Impact Fee of S1,350; 2) Concrete pave one-half of the width of the alley adjacent-,to the property: and 3) relocate the water meter. The City determined that the total value of these three items was $6,225.00. On May 20, 1996 the City and. property owner signed a Stipulation of Lien which required payment of $6,225.O0 to cover the cost of the above three conditions of approval. The property owner was to pay the $6,225.00 to the City prig; to August 1, 1997. To date, no payment has been received. Question 1: What should the City's next action be to collect the payment and complete the conditions'of approv-A? Quu stion 2: The property is now advertised for sale. If the property sells, what is the status of the lien for the new property owner? Please call Jane Madera of my staff at Ext. 5596 if you have any questions. Return to Jan Richards.97-806 Routing, 0 GCH 0 PDA 0 LB SL WSA ADL SF JM This Request for Legal Services has been -:assigned to attorney PAUL D' AILESSAINDRO extension ;61b . His/her secretary is _Sar'ajar1e Notes:File Name: WP No.: Shaded areas for City Attorney's Office use only. 1097JM.OOC extension Date Complet d: 10 555 10113/97 4: 0 CITY O F HUN T INGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Melanie Fallon, Community Development FROM: Gail Dutton, City Attorney c, a 4sN A' F E B 0 61998 DATE: January 29, 1998 cc, SUBJECT: RLS 97-906: Status and Action re Lien Property INDEX: Stipulated liens (conditions of approval); zoning; CUPS BACKGROUND: The Planning Commission on January 9, 1996, conditionally approved CUP 96-65 and Variance 95-29 whereby J. McKinish, owner of a property at 609 Main Street, would be permitted to establish a bed and breakfast inn at that address. The approval was conditioned upon the applicants compliance with stated applicable provisions of the City code and zoning ordinances and included the following three items: 1, Payment of a Traffic Impact Fee of $1350. 2. Pavement of half the width of the alley adjacent to the property with concrete, an 3. Relocation of the water meter. Mr. McKinish chose not to comply with the three above conditions at the time of the conditional approval. Therefore, the City and J. McKinish signed a Stipulation of Lien dated May 20, 1996 which required a payment of $6225, as agreed between the City and Mr. McKinish, as the determination of the monetary value of the three above stated conditions of approval. The payment was to be made to the City by Mr. McKinish prior to August 1, 1997. The Sipulation of Lien was recorded as a lien against the property with the Orange County Recorder, To date, Mr. McKinish has remodeled the property and opened it as a bed and breakfast establishment without making the required payment or alternatively meeting the three requirements of the agreement. Mr. McKinish is now selling the property and the escrow agent, Gold Coast Escrow, has requested a demand letter from the City for the amount due to satisfy the lien Additionally, at the close of escrow when the City receives payment, the escrow agent requires that the City provide a Lien Release Form to the title guarantee company to clear title to the property. QUESTION(S): l . What should the City action be to collect the payment and complete the conditions of approval? 2. If the property sells, what is the status of the lien for the new property owner? ANSWER(S): 1 The City must provide the escrow agent with a demand letter stating the demand amount and basis therefor to satisfy the lien. A conformed copy of the Stipulation of Lien as filed with the Orange County Recorder should be attached to the demand letter. 2. The new owner may wish to operate the property as a bed and breakfast establishment as originally planned by the seller. If this new owner does so, he may demand that the City perform the work covered by the lien. To prevent the City's unjust enrichment, one alternative could be that the work covered by the Stipulation of Lien would arguably have to be completed by the City to bring the property into conformance with the conditions of the CUP and variance, Another alternative would be that the City accept the variance as valid for the new owner by waiving the requirement that the conditions therefor be fulfilled. We have prepared an appropriate demand letter (copy attached) and forwarded it to the escrow company as discussed above. A,,---e4z, Gail Hutton City Attorney ghfpd,tws':mae5 - O6in8O12$ Gail Hutton City Attorney OFFICE OF CITY ATTO y EY P.O. Box 190 2000 Main Street Huntington Beach, California 92648 January 26, 1998 ®9g Gold Coast Escrow 'G c L3P;4i' Attn: Carol V. Jones, EscrQ, J1:Fcc 17541 Irvine Boulevar `mite C Tustin, CA 92780 Telephone (714) 536-55"_'S Fax (714) 374-1590 51 2V, Ott-Gl Y1, "tid VD A 6 t l b-2v\ Vi c ut-&D `J.Re: Claim of Lien, Demand Statement and Lien Release Dear Sir or Madam: By this letter, the City of Huntington Beach demands payment of the lien described hereinafter. On June 18, 1996, a Stipulation of Lien, executed between the City of Huntington Beacn and Jerry McKinish, was recorded against the property located at 609 Main Street in Huntington Beach with the Recorder of the County of Orange, California. A copy of the Stipulation of Lien is attached hereto as Exhibit A. showing the date of recordation and Recorders Number 19960309765. The lien amount is $6;225, due and payable as of August 1, 1997 and as yet unpaid. Upon receipt of payment of the lien amount of$6,225, the lien will be considered as satisfied and the above described Claim of Lien released. Very truly your S GAIL HUTrON City Attorney , by: Paul D'Alessandro, Deputy City Attorney Attachment: Stipulation of Lien g:4.981eners:l ar pymt rls ' 97. Gall Hutton city Attorney OFFICE OF CITY ATTORNEY P.O. Box 190 2000 Main Street Huntington Beach, California 92648 January 26, 1998 -Gold Coast Escrow Attn: Carol V. Jones, Escrow Officer 17541 Irvine Boulevard, Suite C Tustin, CA 92780 Telephone (714) 536-5555 Fare (714) 374-1590 Re: Claim of Lien, Demand Statement and Lien Release Dear Sir or Madam: By this letter, the City of Huntington Beach demands payment of the lien described hereinafter. On June 18, 1996, a Stipulation of Lien, executed between the City ofHuntington Beach and Jerry McKinish, was recorded against the property located at 609 Main Street in Huntington Beach with the Recorder of the County of Orange, California, A copy of the Stipulation of Lien is attached hereto as Exhibit A, showing the date of recordation and Recorder's Number 199603 09765. The lien amount is $6,225, due and payable as of August 1, 1997 and as yet unpaid. Upon receipt of payment of the lien amount of $6,225, the lien will be considered as satisfied and the above described Claim of Lien released. Very truly yours, GAIL HUTTON City Attorney by: Paul D'Alessandro, Deputy City Attorney Attachment; Stipulation of Lien g:4°981ettcrs:1ie>}pymt tis#97`Ys GOLD COAST ESCROW 17541 Irvine Boulevard, Suite C Tustin, CA 92780 (714) 734-9250 FAX (714) 734-9246 THE CITY OF HUNTINGTON BEACH 200C Main Street Huntin gton ;Beach, CA 92648 Cop-f cu' ac..(nec . December 15, 1997 Escrow #: 013339 Property: 609 Main Street Huntington Beach, CA 92648 RE:Clyde Jerry Mc Kinish Jr. Case #:19960309765 An escrow has been opened with this company under the above referenced number in which you are named as a creditor on an: 0 Abstract, of Judgement 0 IRS Lien O Franchisor 'Tax Lien (x) Stipulation of Lien The escrow instructions provide for full payment of your judgment/lien. Enclosed please find a copy of the recorded judgment/lien. Please send your demand and both copies of the satisfaction/lien release to the following location; Sold Coast Escrow 17541 Irvine Boulevard, Suite C Tustin, CA 92680 Attn: Carol V. Jones Esc Nok 13;339 Please furnish the items requested as soon as possible to assist in the closing of this escrow. We appreciate your cooperation in this matter. Very truly yours, GOLD COAST ESCROW Carol V Jones, E-s -ow Officer CALIFORNIA ALL-FUR.SE ACKNOWLEDGMENT before me, Date personally appeared G ersonaily known to me - MAYBRICE L JOHNSON COMM. # 991+5 Notary Pubic - California GGRAN-E COUNryM Comm. Exp;res MAY 11. 1997 F) Name and T10 of Officer (e.g., Jane Doe, Notary P1icf _ ) Names) of Signer(s) ` to be the persons) whose name(s) Aare subscribed to the within instrument and acknowledged to me that he/ &they executed the same in hishe rtheir authorized capacity(ies , and that by iisThe their signature) on the instrument the personis), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and off,ctal -c-,ml. Signatur Notary Putr. OPTIONAL Though the information below is net required by law, it may prove valuable to persons relying on the d.cument and could Prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 5/ Signer(s) Other Than Named Above: Capacity (ies) Claimed. by Signer(s) Signer's Name: 0 Individual O Corporate Officer Title(s): G Partner-- 0 Limited O Genera 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing` 1 Top of thumb here 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Other: Signer Is Representing: 0t$94 Natrona! Notary Associarion . 8236 AemmetAve„ P.O. Bee 7184. Caner a Park f7A 91309.7184 Number of Pages: _ a `t Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General pr--d. No. 3907 Top of thumb here Reordor. Call Tptl•Freo 1.@00.875- CALIFORNIA ALL-PLJh. SE ACKNOWLEDGMENT -7 -7Kcc-r - -t---.- - -.. --. -7 7 - ----- - -- . --- . State of County of On Q O before roe, Name and Title of Q'fiaer ( -J a Doe, 'Glary Public Q Name(s) of Signer(s) L m - R -Moved to me on the basis of satisfactory evidence to be the persop(s s-,aAA ROGFRS his/her/their signature a)on the instrument the persona, corrn n#10824F0 or the entity upon behalf of which the person(s)-acted,Notary PLbic executed the instrument.QangeCollyMy Conlrn.Expcad Jon 7,2006 WITNESS my hand and official seal. 0- 10 S gnature of Notary Publi OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document _1Title or Type of Document: Document Date. 01- C Signer(s) Other Than Named Above' Capacity(ies) Ciahned by Signer(s) Signer's Name:Q-V,\ Individual D, Corporate Officer Title(s): Partner - OLimited C General J Attorney-in-f=act Trustee Guardian or Conservator Other:Top c' ,numb here Signer's Name: r Individual Corporate Officer Title(s): O Partner -- C Limited C General Attorney-in -Fact Trustee Guardian or Cons +tvator C Other: Signer lz Representing: Top c thurrib here r whose name(a)-is/;ubscribed to the within instrument and acknowledged to me that he/ah-e/t#a# executed the same in his/hrer}ththeir authorized capacity(ie.s), and that by 0 1995 Natonat Notary Assodaton - 8236 Hammel Ave., P.O. Sox 7184 - Canoga Park, CA 91309.7164 Prod, t10 5907 Reorder: Call Toll-Free 1•e00,875.6B27 1? "I,\ Number of Pages: (t' ; Dollars ($6,225) on the property described herein and shall have priority over any and all junior liens. Such a lien shall be extinguished upon completion of the above described improvements and payment of the Traffic Impact Fee, or payment of Six Thousand Two Hundred Twenty Five Dollars ($6,225) to the CITY. OWNER acknowledges that the debt to the CITY will be secured by this lien against the subject property, and will be subordinate to the existing financing. This lien will be due and payable should the OWNER refinance the property. CITY OF HUNTINGTON BEACH By: Mayor per, ATTEST: City Clerk/ X y REVIEWED AND APPROVED: pity Adminis to INITIATED D APPROVED1 -.0 4 Director of Economid"Development Tax-Exempt-Govern,rrnent Agency `CITY OF HUNTINGTON BEACH Connie Brockway, CMG City Clerk QY: Deputy City Clerk, i This document is solely for the official business of the City of Huntington Beach, is contem- plated wider Govorr,:xont Code Sec. 6103 and should be recorded OWNER APPROVED AS TO FORM: City Attorney free of charge. % Record S.n'i.hP county of Orange, California Recording Requested By, and When Recorded Return to, THE CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 111111 11111 lllli Illil 1111111111111111111111111 IN IIIIl IIIIJill No Fee 19960309765 04:30PM 06/18/96 008 14005110 14 23 A12 4 7.00 9.00 0 .00 0.00 0 .00 0.00. STIPULATION OF LIEN BETWEEN THE CITY OF HUNTINGTON BEACH AND JERRY MC KINISH PERTAINING IJ.LYLs FM TO PROPERTY LOCATED AT 609 MAIN STREET (WEST SIDE OF MAIN STREET, .BETWEEN ACACIA AND PALM), IN HUNTINGTON BEACH, CALIFORNIA This agreement is entered into this day o a i , 1996 between Jerry McKinish (hereinafter "OWNER") and the City of Huntingtori'Beach (hereinafter "CITY") t, satisfy Conditional Use Permit No. 96-65 Conditions of Approval specifically, Paying the Traffic Impact Fee of One Thousand Threb Hundred Fifty Dollars ($1,350), and 2. Concrete pave the alley per Condition No. 3b: The applicant shall dedicate two and one-half feet of alley right-of-wayto the City of Huntington Beach. The applicant shall also remove existing asphalt and replace with new concrete for one-half of the width of the alley adjacent to the property. A field inspection by Public Works shat; determine whether any of the curb, gutter, sidewalk, orstreet in the front of the property on Main Street warrant improver .nts by the applicant {PV, and Relocate the water meter per Condition No, 3c: The applicant shall complete all necessary upgrades to the water meter and service lines as determined necessary by Public Works Department and Building Division. CITY ;hall permit OWNER, in-lieu of paying the Traffic Impact Fee and installing said improvements, to pay CITY a fee of Six Thousand Two Hundred Twenty Five Dollars ($6,225). Such a fee will he due and payable no later than August 1, 1997. As security for the performance of the obligation of paying the required fee of $6,225 as stated herein, both parties stipulate that this agreement shall constitute a lien under California Civil Code Section 2881 in the amount of SixThousand Two Hundred Twenty Five Gary L. Granville, Clerk/Recorder Wattymisc.Aier cup915f196 PREPARED FOR ORANGE j.5r55UR DEPT. PURPOSES ONLY. S cR ,AXES NOGUARANTEE AS TO ANY LIABILIRaGY NOR NOTUTOSBEREPRODUCED.vyE5. 5 RESERVED. ,,.t+fT ORANGE COUNTY ASSESSOR 1998 HUJINQT 23 824 15- 27 _ 5 „7-S 25 26 21 22 11730' 10.50' 711 0' 115, 26 75' t27 W y 75' N L42'PA95,R f 28.7,P 17 . 09-dA-U PAR. 2, .20, `l_ 24 r117.0'2 "22 21 28 29Its, 117.50'4n ,sa8 a'3950' 7 \ 6 - - ,' 4 57,50'% 5- 2 19 1 20'17 15 20 21 2 23 5 24 79' 0 \ , 0 75' 10 I,r 20 26 0WI 0n M.M. 3-43 P.M. 258-17 07 117.50' 15-18 28 7 17 19 4 2 zt 31 3 W.50'4 115 ro', m30'27 14 ri 25LK .50' n ""6 18 ?CA 20' 9 17.5 r 2 1 15'n 117.50' 30 117.50' 115' n 0' M h" N C. 75' 75' N n N N " ,71' .5 2 4 5 22 20 AVENUE _Q 19 4" NOTE - ASSESSOR'S BLOCK PARCEL NUMBERS S'.±OWN IN CIRCLES 20' n L 2J 1N 16 1,N 14, "7.50' 11 12 21BLK 10 9 60714 19 8 17 18 117.50' 0h N 117.50 °o115' d U7.50' 0n 75' w 75' fl- 3 1";;PW4SPREPA RErDFURORANGEUNT+AS.^^,SE .!iS'J x ;;11IJ.'Ci 0 n DCSES tr'.rJ_• . .flJ,i OfJL1 i HE ASSESSOR MAKES NIO GUAR1i JUEE ASTO TSAC CURACY;NORASSUW=S ANY LLA6;,ITY t0R OTi ER USES.:NOTTO 8E REPRODUCED. : ALL I 011 S RES 11i_D ti;UPYHiUhiO-1AjI iECOUj'il'xS3ESSUx15!S 0m + BLK^ ASSESSOR'S MAP BOOK 024 PAGE 09 COUNTY OF ORANGE 1" = 100' 13- / 8 AVENUE s 4 2.5 CHN1443310 1.199 /