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HomeMy WebLinkAboutPHIL ZISAKIS - 1982-11-15 i J... ¢ CITY OF 1-UNTINGTON BEACH CA I1r2184 COUNCIL - ADMINISTRATOR COMMUNICATION MUN7th"CION s(Af_N I To Honorable Mayor and From Charles W. Thompson, City Council Members City Aoriinistrator Subject ADDITIONAI. AGENDA ITEMS Date November 2, 1984 1) Scheduled Meettn-s - There will be an execuii ae session at 7:00 PM -4onday evening to discuss litigation matters. The regular portion of the Counci; meeting will begin at 7:30 PM. ?) Corrected Minute Page - Attached is corrected Page #14 of the October 115, 1984, meeting reflecting a c:7ange in the vote on Pesolution No. 5455, 3) Resolution Nos.95 and 96 - Agenda Item D-3d - Attached are the two resolutions referenced in this Agenda item. of Ills Perrnit 84-34 & Conditio�ial Exce t3on 84 5 - At the City Council meeting of Sep- tember 17, 11,84, a public hearing was held on Use Permit 54-34 and Conditional Exception 84-25 on appeal of the Planning C ommiss,ori's recommendation for denial. Council approved the Use Permit and directed staff to work with the applicant on alternative designs wltizh L liminate the need far Conditional Exc.eptior` on parking redtic'tion and landscape require- . Staff leas met witl- T-le applicant tc doi uss various options for the site. Attached for eview are two .altern:'.ivt. .pproaches. I u id bring this matter u{, under Administrative Mondays evening. (H-2) 5) Resolution of Intent - Simile F arni _:4ior_„�age EZevenue Bonds - In order to continue the city`s ongoing program to provide below-niarke: interest rate loans for first-time home buyers in 1985,. the attached resolution should be approved )v Council as soon as po,>rble in order to assure participation in the program. We have been adv.sed by the state that early submission it to our benefit- Therefore, i will be bringing; this matter up under Administrative Items M-nday evening. (H-3) 6] C i .Council Study ,es,on tin November l° :tee: Huntington Center and Talbert_ dap - LRaate 'o Taibc- : Se 3irw I'r c'c ~area - Attached is a memoran� .i ad icing . L is zi of what necaas tv be accomplisnt-drby the end f'F the calendar year for t' twz, proposed project areas: The City Council may desire to have suc-f a stud~ s,assiori for this purpose at ;velf as to d�sc_uss the status of the Talbert Senior '.'reslect. I will also bring this matter lip unde- Acimt strative ite^-+s Monday evening. (H-4) R;espertfuhy �,ubrm=teJ, Chl�rles IV. Thompson, 4.: ty Aarnin-i,tv-atot Attachments [ [ Superior Court q a TA`r'E OF CALIFORNIA �r.�%rC��clq� r C> 1n and for the County of Orange C 7� z5�-7 PROOF OE PUBLICATION CITY OF HUNTINGTON BEACH, City Clerk PUBLIC HEARING Appeal to Plannire CorrYr➢issionds Denial . of Use Perwit No. 84-34 & 'Cordz#zonal StatatrfCsliforrt:a a E Ception No. 84-25 A0, C County talCrange J,AixUE J. l'tGORE PL'EllCHJTlCE—^�_j HDTKP qF PtrN.lC IiF,ARL't4t .. C. '£rear I am and at a«' times i`tre»'*mertumrd ties s citizend3f ,y+-XEA PPLtYJPLJTtfLil3 (`[_ the United States,over she age if tvrenty '-ne years,and that➢ COKY-MONI DLNUL0P3� am'nota art to,nor interested in the arc:Ive tr>tie-�i matter, `' y.IA'r.FER1iT7 tv0.a1yS party» .+ Solrotnorul;'EzcF.Ptitxr'.aiF that fair,the principa!clerk of the prr.ter c;f the a,w"ssAAE t,d x, ` 'rO'r)CE IS HEREBY OnT.4 t6t.' b13c}rinnt aM be b4l.by tL.city- HUNT. BEACH IID. REr`. ��tL.ctt,o(}tvntiarioniie. j to t,`..CooxQ Cumber of tS.Cure C. R a newspaper of g.areral tircalatinr:,pub€is>:ed m 01P ,'it5* +f tee,Suctrr�",.00xB.xb.:t'lw;.bwi d'- ..!.'1 P1.t;a ea evu tLere+itcly pouaS- HUNTINGTON BEACH W. ;eta. W.rt d.r�& } ,.)W.3.for p,yrpc.a M r C Count' of Orange and 'which newspaper is uhiishi.d for the b' c u tki Ytaan G.�rt,.ce'. k & C dg'Pulntu*4Pern}tr:a -)i.odCxodi iisemination of Ewes`news and rote ligencr of a general charas- trait Fret "I$A 4�& ter. and which newspaper at all times herein rr:entwncd had ?�O."441..r wttppe.gem�txvc.. ' tiuq rd.S,M).g,Iv* and stilt has a bona fide subscription list r,f paving auh9cnbrrs ir{,Lt.tt .t r�c.pt�.C s rasAL. ` and which newspaper has been establmhed,,' irte'd an4 t.uh ;-Nu ttoPaah.rnducti«,Entequtr.d fished at regular intervals in the said C:,unty of CrartB e f rr a P"A&,,t roc,a.�m.nt wu+:t.r6ar.ee, $ Wit wtNcl�;�'(Lt-0-u�rtor 11% r period txceedin3 cane y�exr. that the ii-Wet, or which the .di«3w t+50 T.ai P"` .orrwel• annexed k it printed copy, hats been published 'n the regular m.atinurgL-�r�;4uvm.i.rl.a3acar114: u•a,tbdatlmai ExeeptSea,too.Fl i t,/i." and entire isaue or said newspaper,and no!,in arwr supplement •rtyyw+t it It[rstt rasrt+c{ !1 { thereof:on the Sollowtng dates,to wit °t ;:!;.ck tndrad:rt'S:.a cd.and`a+rNa;.ac,... att.chmict Into xw?ufrf3 ivn[o.t »,W 4"xd pant.rf,�. pitgwtt !+tactited.t the Dots,}�wt ca.. Aug. 231 1984 ;era A.,14 dF.bnchD,U w.rd m§ C4,}i1t5n.rCs?m•taiti; ':�.13a Qrokct u oke •tam�. �Str.Ueat tr•P-,. ercd b or tfw uiirornt. Eoeiriximac/al t2staiity Aci .n txr(rutA+ratironsn•n;ela,.�.a,.at - A;K14 atr.KrtPUGL S og rue in tba I certify for declare)under Y per penalty of .ur•that the fore tlnp:rta•atorr).v swaa,ntyrrkn p ) &o kh intuwty_d pemm•kc imitai to ing is,t ue and.orrect tttand,'r:1G.bWfi,.t ind"uepm i;!hair I)hte Pi l El 7RI�VjM Mtnt6n.rnr«W •oa i—PP..I FurtLa01 rorp,lbo a•rw Gam tL.Ottke ar iba G7ty Cl.rk 2pA kttin5t». knnt xa.tkaL CaYtor.. California,this .24:th.day or . AuO— 19 84 il�l�nnit7rst r 4 Ci rY 0P}ii3?'r thuTt�N UEA tt }t�itSL&ae5lai:Rev,r'9fidtA..e .• � Signature f ` MINUTES Council Chamber, Civic Cextter Huntington Beach, California Monday, eptember 17, 1984 A tape recordit,g of this meeting i on file in the City Clerk's Office 'Mayor Kelly- called the regular meeting of the City Council of the City of Huntington Beach to order at 7:50 P.M. PLEDGE OF ALLEGIANCE AND INVOCATION The Fln7. Ceremony Was conducted Sy Boy Scout Troop 134, Boys and Girls Club of Huntington Valley, Leader Scott Nicholson. The Pledge of Allegiance was led by Brian Buckles. The Invocatiot, was given by Darin Buckles. ROLL CALL Present: Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic Thomas (arrived 8:00 P.M. ) Absent: bone PRESENTATION - SISTER CITY YOUTH EXCHANGES WITH ANJO, JAPAN Mayor Kelly presented plagues to the Sister City Youth Exchangees with An;}o, Japan. Present to accept were Doug Er)er, Kelly Mandic, Marla Plotkin, Feather Schley. Also participating in the youth excharige but not present was Karen Yee. COMMENDATION - CITY OF HUNTINGTON BEACH JUNIOR LIFEGUARD PROGRAM - W ARNALL Mayor 'K�lly presented a plaque commending Doug W.;mall, Captain of Marine Safety fcr thr: Cite, on the City of Huntington Beach Junior Lifeguard Program. f'UBLIG HEARING - APP£riL .0' PG DENIAL OF 13P 54-34 6 CE 84-25 C Afi$1 GOUlr'CILMAN MANDIt; - APPEAL GRANTED CONDITIONS TO l E PP.ES£1ZTED TD COUNCIL Ri TIATER DATE the Mayor announced that This was the day and hour sit for a public hearing to consider an ; appeal filed bl Councilman Robert P., Mandic to the Planning Commissiou's denial of Use Permit Na. 84-34 and Conditional Exception 84-25 (A) & B Use Permit No. 84-34 is a ranue-,t to permit construcc7on of a 2,000 54. ft amrercial building. Conditional Enceotion No. 84-25 'A is a request to pern3.4 a reduction in required parking, encroachment into exterior side yard setback, sight angle encroachment, and reduction of and parking encroachment into regpi.red perimeter laudsc,aped planter area. Conditional E;<celst un 134- 5 �B is a request to permit compact parking, encroachment ihto exterior side yard setback and reduction of and parking encroachment into CITY OF HUNTING TON BEACH 2000 MAIN STREET Cl`!_IFORNIA 92648 OFFICE OF THE CITY CLERK September 19, 1984 Phil Zisakks 17204 Beach 8oulrvard Huntington Beach, CA 92647 The City Council of the City of Huntington Beach at its regular meeting held Monday September 17, 1984 cverruieJ the decision of the Panning CommisGion and granted your appeal relative to Use Permit #84-34 and Conditiwal Exception. #84-25A & 8 with findings and conditions. Please contact the Development Ser4ices Depart rent - 536-5271 for furthev information and for conditions or approval. Alicia M. Wentworth City Clerk cc; Development Serv3r-es Director - Ji°r, Palin City Attorney Gail ►, tLon REQUEST FOR CITY COUNCIL ACTiO Date 8s•girst 9p., 1284 Submitted to, Honorable Mayor and City Counci; Submitted by: Charles W. Thompson, City Administrator Prepared by James W. Palin Director, Development Services n Subject. APPEAL TO THE PLANNING CO1,-41v ISSIONER'S DENIAL OF USE PERMIT NO. 84-34 AND CONDITIONAL EXCEPTION NO. 64-25 A &B. Statemen�of Issue, Recommendations Analysis, Pending Source,Alternative Actions, Attachments: STATEMENT OF' ISSUE: ' Transmitted for your consideration is an appeal to t,ie Planning Commission's denial of Use Permit No. 84-34 and Conditional Exception No. 84-25 A and B. Use Permit No. 84-34 is a request to permit a 2,000 sq. ft. commercial building. Conditional Exception No. 84-25 A is a request to permit a reduction in required parking, encroachment into exterior side yard setback, sight angle encroachment, and reduction of parking encroachment into required perimeter landscaped planter aree. Conditional Lxception No. 84-256 is a request to permit compact parking, encroachment into exterior side yard setback, and reduction of and parking encroachment into required landscapers plant£r area. Conditional Exception No. 84-25 A and are alternedve layouts for Use Permit No. 84-3`4: RECOMMENDATION The Planning Commission and the Planning Staff recommend that the City Council uphold :he Planning Commission's denial of Use Permit: i!h. 84-34 and Conditional Exception No. 84-25 A and 13. It is also recommended that the City Council adopt the findings a=; imp-ed by the Planning Commission on July 24, 1984. ANALYS.ISs Applicant-. Phil Zisakis 17204 Beach Boulevard Huntington•Beach, CA 92647 Appellant-, Councilmen Robekt,tvlarldir Request: To perm';. conr;ruction of 2,000 square foot commerciai building with numerous deviations from ttv code incluoirtg redu,.-lion in required parking, 4noroachment in exterior side yard, reduction of and encroachment into required landscaped planter, sight angle eneroec.hmef,t, compact parking. Location: Northwest corner of L.each Boulevard and C'ypross Avenue. �v Planning Commission Action on July 24, 1984 ON MOTION BY SCHUMACHER AND SECOND BY HIGGINS, THE BZA DENIAL ACTION ON CONDITIONAL EXCEPTION NO. 84-25(A AND B) AND USE PERMIT NO. 84-34 WERE DENIED BY THE FOLLOWING VOTE. Ayes: Higgins, Livingood, Porter, Schumacher, Mirjahangir Noes: None Absent: Winchell, Erskine Abstain: hlone Discussion: a Use Permit No. 84-34 was filed to permit the construction of a 2,000 sq, ft. commercial building for use as a glass shop, including the installation of auto glass, pursuant to Section 9472. The Conditional Exception was submitted for two alternative layouts, both of which involve numerous deviatio;is from the Ordinance Code. Section 5.0 of the Planning Commission staff report discust;es the many deviations. The Board of Coning Adjustmen".s denied the requests onJune 27, 1984. Councilman Mandic appealed both the Board of Zoning Adjustments and Planning Commission's Action. The subject site is lorr _ed within the','lakview Redevelopment Ares. Pr- c the inclusion in the redeveleprrent area, the applicant pursued several applic )ns for entitlement. Only the Conditional Exception and Tentative Parcel Map a plications to create substandard parcels were approved on appeal by the City Council. See the attached chronology of applications. .Also attached are two resolutions recommending consolidation of the site to be integrated into the Oakview Redevelopment ProjFct Area to promote development of one integrated project. FUNDING SOURCE: Non Applicable ALTERNATIVE ACTION: 1. Reverse the Planning Commission's action and continue Use Permit No. 84-34 and Conditional Use Permit No. 84-34 and Conditional Exception No. 84-25 to September 5 for conditions of approval to be drafted by Planning staff. SUPPORTING INFORMATION: I. Staff report and minutes tf truly 24, 1904 Planning Commission Meeting 2. Area Map 3. Dlenning Commission Resolution No, 1311 4. City Council Pesolution No. 5310 5. Chronology of applications CVdT:JWP,SP:jr (1 C1bild 5 TO Honorable Mayor and City Council FROM: Councilman Robert Mandic DATE: August 2, 1984 SUBJECT: APPEAL OF UP 84-34 AND C.R. 64-25 I am hereby appea' 'ng the denim of Use Permit No. 84-34 and Con( tionel Exception No. 84-25 by the Planning Cormmi:,sion on July 24, 1984 . It is any feeling that a hardship has been created on this property by the taking of proPerty for right-of,-way, leaving the site undevelopable withous: granting of the conditional exception. ' Robert P. Mandc I✓UNTINGTON BEACH DEVELOPMENT SERVICES P.O. Box 190 Huntington Beach, CA 92648 a nuntington beach_developm. c services` department S=AFF E O RL TO: PIanning Commiss'on FROM: Development Services DATE July 24 , 1984 CONDITIONAL EXCEPTION NO., 84-25 A and BJUSE PERMIT NO.- 84-3.4 , APPEAL APPLICANT: Phil isisakis DATE ACCEPTED: 17204 Beach Blvd. Huntington Bpach, CA 92647 May 29, 1984 APPELLANT: Councilir Mandic MANDATORY PROCESSING DATE: July 29 , 1984 REQLTEST A) To permit a reduction in C.E . ; required parking, encroach- ZONE: C4, Highway Com- ment into exterior side yard merc :al ostri-,t setback, sight angle F`,ncroach ment and reductic-i (,` and GENERAL PLAN. parking encroachment into required perimeter l windscaped Gan,era7 Commercial planter area; or B) To permit compact. parki .g , EXISTING USE encroachment into exterior side yard setback and reduction of 'Vacunc and parking encroachment into required pe.riwete r landscaped ACREAGE: planter area. 0. 10 acre U .P. : Request to permit construction of 2,000 square foot commercial building . LOCNTION; Northwest corner or Cypress Avenue and Beach Boulevard. 1.0 SUGGESTED ACTION- Uphold the Board of Zoning Ad)ustments' denial of Conditional Exception No. 84-25 A and B and Use Permit Nu . 84-34 based on the findings outliners in Section 6. 0. 2.0 GENERAL INF0RM.ATION Use Permit No. 84-34 was filed to permit the construction of a 2 ,000 square �.to't co imerct.al btrildi ng for use as a, glass shop, including L the installation of auto glass, pursuant to Section 9472 . The Conditional Exception has been submitted for two alternative plans, uoth which involve numerous deviations from the Ordinance Code. The Board of Zoning Adjustments denied t},e requests on June 27, 1984. Councilman Robert Mandic appealed this action The property is past of the Oakv ew Redevelopment Project Area. The Planning Commission and City Council have both previously approved resolutions recommending that the property be consolidated into one integrated project wit:( Charter Centre. Resolution No. 1311 was approved by the Commission on Judy 26, 1983 , and Resolution No.; 5310 was approved by. the Council on September 19, 1983 . Both are attached, as well as a chronoloq%, of events and applications the applicant hay submitted prepared by the Redevelopment staff. In addition, the Commission should be aware that the Redevelopment staff is preparing a Resolution of Necessity for the August 6, 1984 City , Council meeting, to initiate condemnation proceedings on the property. 3.0 SURROUNDING LAND USE , ZONING AND GENERAL PLAN DESIGNATIONS: Subject Property: GENERAL PLAN DESIG14A`sION General Commercial ' ZONE . C4, Highway Commercial LAND USE: Vacant North of Subject Property; GENERAL PLAN DESIGNATION : General Commercial ZONE C4, highway Commercial LAND USE: Vacant East of Subject Property: (across Beach Boulevard) GENERAL PLAN DESIGNATION : General Commercial. ZONE: C4 , Highway Commercial. LAND USE California First Bank South of Subject Property: (across Cypress Avenue) GENEIRAv PLAN DESIGNATION.. General Commercial ZONE: C4 , Haghaay Commercial LAND USEt Winston Tire and Automot-tve Repair ' West of Subject Property: GENERAL PLAN DESIGNATION: General Commercial ZONE,: C4 , Highway Commercial LAND USE: Duplex Residential T µ -2 7-24-84 - P .C. 4. 0 ENVI RON MENTAL STATUS Use Permit No. 84-34 is categorically exempt, Section 15303, and Conditional Exception No. 84-25 A & B is exempt pursuant to Section 15105, Class 5 of the California Environmental Quality Act. No environmental assessment is required. 5.0 ISSUE'S AND ANALYSIS: As the consideration of the use permit is tied with the acceptance of one of the alternative plans submitted, it is appropriate to outline the two plans , 'pecifyin'g. how and to what extent they deviate from the Ordinance Code. Conditional Exception No. 84-25A (Plan with parking to tha rear of the building) o Parking : Site plan shows four parking spaces in lieu of five required for automobile repair garage or ten regoired for commercial building. There are problems, in addition, with the four that are provided. One is located completely within a required landscape planter and would be immediately adjacent to the sidewalk. Three are located within the building , one of wh%ch, if occupied, would bloc;, the only access into the garage area. They are not designed n a manner that would insure their availability as true customer and employee parking .nd not for use as service bays. o Exterior Side Yard Setback: A 40 foot setback from the centerline of Cypress Avenue is required pursuant to the District Maps, this translates into a 13 foot setback from the side property line. The site plan shows the building with a. 10 foot setba=k, a three foot encroachment. (It should be noted the site plan' s dimension for the Cypress Avenue right-of-way is incorrect; the distance to the centerline of Cypress Avenue is a total of 27 feet including ;.,b— additibna.l seven foot dedication.) c Sight Angle: One-third of the building footprint encroaches into the sight angle requirement, preventing visibility of the adjacent site. Perimeter L,andscapiog: Minimum la feet of perimeter landscaping has been completely eliminated for fourth parking s"'ace, as mentioned above. Conditional Exception No. 84-25B (Plan with parkinq in front of building , adjacent to Peach Boulevard) o Parking Site plan delineates sevcn parking spaces; five are> required for an automobile repair garage and ten are required for commercial building . Of the seven, three are located within the building with the 'same inherent problems as described above -3- ' -24a-84 P .C. f Q for this arrangement. One is a compact, space, which is not permitted by code for this size parking lot. o Exterior Side Yard Setback: A 13 foot setback from the side property line is requ-ired'. the site plan depicts a six fcot - setback for the building, a seven foot encroachment. 0 Perimeter Landscaping : minimum ten foot width of perimeter landscaping along Beach Boulevard and Cypress Avenue has been reduced to six feet for both streets. Parking lot as shown on plan encroaches four feet into landscaping ; however, additional landscape area would be lost because the radius dedication for Beach Boulevard is incorrectly shown on plan. it is apparent from the list of code deviations for either of the plans submitted that the proposal is not suitable for the site . It is too intense a use for the site and would not operate smoothly. Lack of adequate, accessible parking , Sack of adequate setback and landscaping would pose a significant problem in the functioning of the business, would create congestion .and parkins problems ano would have a negative inpa.ct on the appearance of the coma,unity . Neither of 'he two plans is a workable alternative for the site. 6.0 RECON1t•1ENDATION: Staff recommends the Planning Commission affirm the Board of Zoning Adjustments' denial of Conditional Exception No. 84-25 A and B and Use Permit No. 83-34 based can the following findings: FINDINGS FOR DENIAL (GE 84-25 A and B) : 1. The granting of the conditicnal exception would constitute a special privilege inconsistent with other properties in the vicinity and under identical zone classifications. 2. The granting of the conditional exception would be injurious to the conforming property and improvements in the neighborhood of the subject property. 3. The granting of the conditional exception would adversely affect the General Plan of the City of Huntington Bea�:,h.. FINDINGS FOR DENIAL (UP 84-34 ) 1. The plan for the use permit requires the approv,il of Conditional Exception No. 84-25 - Alternative A or B, which has been denied; therefore, the use permit must be denied also. 2. The granting of the use permit would adversely affect the General Plan of Lhe City of Huntington Beach. 4 . The granting of the use permit would be injurious to the property- and improvements in the 'vicinity of the use. -4- 7-24-84 - Q.C. 5. The esta hment and operation of the use would be detrimental to the y y: welfare of persons residi:r:g or 'working in the vi.ciniy, ATTACH M!,W,,S: 1. Area Map 2. Planning Commission Resolution No. 1311 3 . City Council Resolutio- No. 5310 4. Chronology of applications 5. Board of Zoning Adjustments notice of action JA:j lm 0973a a -5'- 7-24-84 - P.C. AYL Higgins, Livengood, Porter, Schumacher, Mirjahangir ICEb: None A ESL"":)T c' Win- 11, Erskine ABS'1VUN: None a, Tha Chai,-man called for a 5-minute recess. Commission reconvened at 10 :: 0 P.M. CON DI TIWAL EXCEPTION NO. 84-25 A & B/USE PERMIT NO. 84-34 , APPEAL Applicant: Phil Ziakis P�p_Eellaat Councilman Robert Mandic Use Permit No. 84-34 was filed to permit the construction cif a 2,000 sgnaae foot rommer �ial building for use as a glass shop,, including the installation of auto glass;, pursuant to Section 9472 . Tte Conditional Exception bas been submitted for two alternr.;,ive plans, both which ir,voLve numerous deviations from the Ordinance Code. Tlie Board. of Zoning Adjustments d'enie� the requests on June 27 , 1984 . Councilman Robert Mandic appealed this action. Staff informed the Commission that mt. :isakis' property wzs located within th- Oakvie. Redevelopment Area and that there were possibly plans by the Redevelopment Agency to consolidate and issue condemnationprocedures. "he public nearing was opened. Phil ?,isakis ;.,fated that i.e has bee a working with the City over a five-year pe.-iod with various acrlicac_ons and that he felt he was at the same position as lie was two years aq%). He su:ngested that Plan B was the best plan. He said that he is in a *eery =:ompetitive business, ttaat he ha;, a small lot and ho has spent in the neighborhood of $8 ,000 to legalize the lot. lie saw no prro,1ress in atteiipuinq to ot*ta .n the vacant land next to nis property (the walk, c property) . ile further stated that -xposure on Beach BoulevarO was very irlp k ant to the survival of his business. John bells, an archi tectura' consultant nixed �)y the applicant ,_ 'stated that. +ae has newt seen such patience as Mr. Zisakis nas displayed with e City and admired him greatly for this. He said that he has been involved with the project with Mr. Zisakis for the last f ve years. lie agreed that. the {piece of property is question was a riifficult pilE.ce to work with howevf: , it remains a legal building site. He requested that if the Commissi,.n could not agree on Plan A or 8 t h.at the appl.Lcant be allowed to go back to the 9ZA and work with s,-4Lz again to revise nis plan. The public hearing was closed. Cum-missioner Higgins asked .for clarification on proposed redevelopment action. Mike Adams stated that there was preparation underway of a resolution of nc—e zs,ity for the August 6 , INN .ity Council meeting initiating condemnation on the applicant's property in conjuncdion With the Walker. and Robinson properties. Commissioner Schumacher askad if this was dor:e was there a possibility that Mr. Z isakis could acquire the property . Mr. Adams answered that they would need to evaluate the scope of that possibility.. Mr. Adams added that 'Mr. Zisakis' property was tieing con ;idered for condemnation with possible inclusion into the Cnartet Cent,ru complex , but in that event the City would approach him and provide him with an alternative site. - 7 -24 •-84 P.C. I , —omli I s s i,)ne Livengood stated that. he was concerned with the two plans submitted by the applicant with their deficiencies in parking , setbacks a,id landscaping . Commissioner Schumacher stated that she did not 1�elieve that -he City should leave the applicant "hanging for the next raw— four years. t hairrian Porter asked if it was ;'possible to put a confOrming -business on a parcel of this size_ Mr. Adams answered that he believed that this parcel was similar in size to the "Lube and Tune" parcel recently approved. Mr_ Georges stated that the Commission could wa;t until aCtex the August 6 City Council meeting to take action. Commissioner )tiggins stated for the record that he was not in favor of this type of clevelopment on the site. ON MOTION BY FCH(IM71CHER .AND SECOND BY BIGGINS THE BZA DENIAL ACTION ON ONDITIONAL EXCEPTION NO. 84-2.5 (A AND B) IVAS UPHELD, WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE FINDINGS FOR DEN.LAL (CE 84-25 A and B) 1. The granting of the conditional exception would constitute a special privilege inconsistent with ether properties in the vicinity and under ' identical zone classifications. 2. The granting or the conditional exception would be injurious to the conforminq property and improv-,ments in the neighborhood of the Subject property. 3. The granting +uf the conditional exception would adversely affect the General Plan of the City of Huntington 3eacn. AYES: Higgins, Livengood, Porter, Scnumacher, Mirjahangir NNE,'. None } ABSENT: Winchel1, Erskine ABSTAIN, None ON MOTION BY SCHUMAC.iiER AND SECOND BY HIGGINS THE BZA DENIAL ACTION ON USE PERMIT NO . 84-34 WAS UPHETD , WITH THE FOLLOWING FINDINGS, 3Y THE FOLLOWING VOTE: FINDINGS FOR DE14IAL (UP 84-34) 1. The plan for the usle permit requires the approval of Conditional Fxception No. 84-25 - Alternative A or B which has been denied, therefore, the use permit must be denied also. 2. The granting of the use permit would, adversely affect the General Plan of the City of Huntington Beach. 3. The granting of the use permit would br- injurious to the property and <mprovements in thi> vicinity of the use. 4 . The establishment and operation of the use would be detrimental to the general welfare of per5cns residing or working in the vicinity. ltl 7-,24-84 P .C . 1 5 the pLoposal Ls deficient in the following, areas, parkin exterx.or side yard setback sight angle encroachment landscaping r AYES: Higgins, Livengood, Porter,- Schumacher, Mifjahangir NOES:- -None ABSENT: Winchell., Er-kine ABSTAIN: None ZONF CHANGE NO. 84-12 Initiated by City of Huntington Beach A request to permit a change of zone from R2-PD-14-CZ to Rl-CZ on 5. 33 acres of property located at the southwest corner of Los Patos Avenue and Bolsa Chica Street. Staff presentation was made. The pubi.ic hearingwas opened. Seeing there was no one P 9 present to speak for or against the item, the public hparinq was closed. ON MOTTCN BY LIVENGOOD AND SECOND BY HIGGINS ZONE CHANGE NO. 84-12 WAS" APPROVED AND RECOMME14DED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE DYES: Higgins, Livengood, Porter, Mirjahangir NOES: None r t,SSE14T: Winchell, Schuma-her, Erskine ABSTAIN: None LONE CHANGE NO. 84-13 initiated by City of Huntington Beach A. request to permit a change of zone from RI-CZ to RH-CZ on 10 .77 acres of property located at the southeast corner of Los Patis Avenue and Bolsa Chica Street. Staff presentation was made. The x)ublic hearing was opened. Seeing there was no one present to i ,peal, for or against the item, the public hearing was closed. ON MOTION BY HIGGINS AND S&COND BY rlI PJAHANGI R ZONE CHANGE NO. 84-13 WAS APPROVED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE 'FOLLOWING VOTE: AYM Hogg-ins, Livenaood, Porter, Mirjahangir NOES: None ABSENT: Winchell, Schumacher, Erskine A13�':,TAIN None CODE AbtiNDMENT NO. 84-19 Initiated by City of Huntington Beach A proposed amendment to delete Ext,ibit B f ram Section 9792. 11, Landscape and Scenic Corridors, of the ordinance code. Staff made `11 7-24-84 - P .C. tV11i;ZL _ ' ".l `t�,.: .�c ail.` . . ...17. , ] a:�cr.n .oa„ R2 `E~ f3:6 }�q, � ht CE RI RJ , WIPIER "1 --- k R2 RI 1 R5 1 ;� +< i hI _ �•• �, ,� k.a t Lt.'IYtS� C I "^=-- ' 'I c MI Jtrit; (T G> �llst€ r} l R } �'�4 J k Rt uuRa na•(J 7t _ j RIR1 RIii —_ RIB J roLccR_ cn Ri I l�11 � :,:zfi r 1,.... _.-__..� R I RP RI Y1 �a RI rl _ l 4 � • — ,. t .� 4 r 1i� � �r4 ,.�. - — , ,• -- —'r��. � kR ,.. � ;Ri��Rtl .,F E 'RI PD i1 k p }� n aiR3I 1 � RI RI � �1 f� 1 r r _.,rJ Rat R3 P3 r�.' ' 1 , r _ IL MH mi ^*t VOID NUfINCipN PEACH HUNTINGtC1N BEACH PLANNING DIVISION .. OESOLUT ON N,,. 1311 aid RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH RECOMMENDING CONSOLIDATION OF PROPERTIES WITHIN THE OAKVIEW REDEVELOPtAENT PROJECT AREA ivHF..RFAS, the Planring Commission of the Cite of Huntington Beach on July 19, 1983 approved applications for the development cf 1 395,1106 + squares toot commercial/office complex oi, thirteen acres of property located on the southwest corner of Warner .avenue and Beach Boulevard, and WH V.r..'.S the subject development is located ,within the Oakview Redevelopment Project Area, and WHEREAS, it is the intention of the City of Huntington Beach through redevelopment tM rc hlig t and improve the Physical. and economic wr: l i rein.: -,,;-' thin t-he (,)akvieGa Redevel- opment Project Area, and NHEREAS, the Plann n. ,a n',is fuun. ! cduringthe pub 1Sr hearinq on tFie aff i"-. enticnt :' I::;F . ,;Isr.A of f all li,i peI 4'y° bc: rdorod by Pezic!,, la.,..l '_ '.3I'', i°r;i<": + :t TiiIE3, ash Street, S y c a m..:Sr r% A% en,ue, E1r, ,t,,.f[ !-7.. t l..er� lnt- one ).tk;+j X.o).. pro 1e"t u1,d t oet t:,te ir;t:e r,I dt;. - _-g >wt.; S F?y�c.• ' C. ;3TE9 t Fla: and kfacilitate good BE 3 i i... Colt ,r•..?.r, °3rlEREF7F?E, '...:. r,`<« ;, • }: . <x �t mI55iC7 t of the °i t 1' of1{flii x i' F Y=r3;'!i T'r i' 'TML"1e -35 t T`.=a tAle cit} H11I1t7 1CJjw•Cil2 Bead. CC�E';'Fwzle Ts4;f;'* 1' 1 F ',-er 'thln+ - in its Stw', . power to or--lote the znteE .,t`a ed project within the aforementioned area. T)ASSFD AND ADOPTED '1' tht, ':.3,.. x:itT L:P:ST.3. a i ssii3 :7: the l City of Iiunti:ilt n F3efic.tt, ''ii2fr,t >.: , `s.E <'Cth cf July 1983, by the I .r o:i: rc l l c. xl i voto- AYES: Winchel 1. , :.I ' 'T2l:;t;,.t.e ? t t..r,.y'' 2 L';tii i no NOES: None ABSENT: HtCtc=1n5, Sc:hlka:achr}r, s ir' ,,1J.;1i,,j1r ABSTAIN: Nor e ATTEST �zames W. Palin, Secretary MarcuPorter, Chairmedi , r } RESOT UTION No . 5310 A RESOLUTION JE THE CITY COUNCIL, OF THE CITY OF HUNTINGTON BEACH RECOMMENDING CONSOLIDATION OF PROP':RTIES WITHIN THE OAKVIMV REDEVELOPMENT PROJECT AREA WHERFA , ' the Planning Commission of the City of Huntington Beach ha;, approved applications for the development of a- 395,_000 square foot commercial/office complex on thirteen acres of property located on the southwest corner of Warner Avenue and: Ee eh Boulevard; and The subject development is located within the Oakview :' )de- velopment Project area; and It is the intention of the City car Huntington Beac 3h redevelopment to remove existing blight and improve th and economic well being within the Oa'kview Redevelopmen- wr Area; and The Planning Commission found during the public hearing on. the aforementioned protect that consolidation of all property bordered by Beach Boulevard, Warner Avenue, Ash Street, Sycamore Avenue, Elm Street and Cypress avenue into one integrated project would meet the intentions of the Oak. - ew Redevelopment Plan and facilitate good planning for the area. NOW', THEREFORE, BE IT RESOLVED, that the City Council of the City of Hunt ington`aeach recommends that the City of Huntington Beach Redevelopment Agency do everything in its power to promote the development of one integrated project within the aforementioned area. .D ,:Fps 71 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the J9th day of September � 1983. 4 t� tiayor ATTEST: APPROVED AS TO FO%M:; City Clerk City Attorney REVIEWED AND APPROVED: iNIT1ATE'U AND APPROVED: City Adimin strator Devo oilmen Services 2. CYPPI,'ZS-nt:ACil [lCU3,OP1"lI`N'I' The [ollo ing represents, Variijus applications filed by Mr. Zisakis. t_) February 6, l98o s-T a r"-it t llr: 84 -') t., co st.it::t 2615 st. f't. ACT T E}c' :I for ft,%rther_ processinr7 c onfcr!t:, ? to base district 2) mar.h 25, _j 98C �t• `i? t rE 1 had not been 3:,t e . -.,...3 L .5,tF � P �'._, +. j,.,y C;• °n ,. ,�".+'.•L,R''a�. �i� w.fl i.F... :S '.{(`. ,•. ;w( t,j,t- ,c.. t .� s}i:r..♦{ �..ti.�.F1.Fsk.i«a• �JSIt.#1 .. of E-'ci width and area. N: was re 3ected . . f ._ he Stall 4) �lr1rch 246, 1982 E e nR a t ivt` 1 1 " S i i"r:3t' TILE,, 82-556, 5) May 7, 1982 1,10 82-1 a f,,p] cTPrat requested that application lt^ i nued unt i i i3 f ter P).anniAq Co vim ,i n rat t in on TPM 82-586 and Pa<te '1wc 5) may 7, 1982 tcont. } ACTION: at ttleiz 11100tinri of Flay 20, 1982, denied III both TIIM 82-556 and CF 8.2`-02. 61 rla4 27, 1082 +l icant (,.'.isat:is) appealed Plan 1111.x (',!)mmission's denial action to City Council. A I).N City Co+, n—ci l ever r,Iled Planninc,. xu?1issic?n and approved both TFM NO 82-55( 3nCl r:E $2-0 at their a KrQtInQ !II .,Lily () , 19$2 . 71 November 1, 1-982 zikvi ow I?(tY(>enx>loL ilei2t Plan a:'eiL04'oC'' by City C r7,unc:il Ordinance 25$2. $} N,.)verr%bor 15, 19P2 ti*_jrtement *with .I, '1 sak i s .%7 i k '.t!rr, 1 ntc'n't to i nt '1 r "rtt_ h. ,. +' ;n '.. , + . . s.,. S ,t x r1s1 3 t 19 t` 'i}. ,_. ., 6w. r: >7. ,y t,''d Use F-rml..'. - nstateu for t*+;,. .:2i P ?4;# t1, talc' caunc, l Ivg ir!n t" 1I1r'i l Pat ` el Map. M a °+83 that, � nl_zr # �zean ct tz,_1 4` .IIrIC?t be e I�1" }c4'SSd plan is revised ;i le with ba< r- d1st.rilx. } � 44 Y �y /r�yG-1 0 n�(..a l"#t.if)na 1. 'Df districu Sol-,t:etrbr,,r 10, tt;$ t �k!_.I If._r .. + a"'.,inci i '3j'(r1't)ved t*eseluLioxi caltinq for one integrated, c't for site . 1.3} March 6, 1984 #1t.TI«TN: Planr inu Commission approve-s Chartor Contra project, which prev des for future circulation Phil Zisnk i;.; 13) March E 1984 (cunt. ) to Cypress with consolidation of Wal};er (co'iiwercial portion only) , "isakis, Robertson an- with cootie r-atir-n of Lichter. . (See` Attachment 2) • 14 April, 1984 Applicant Files conditional ) 3 p , t xcoption and Use- Permit Appl - cation t,, b( heard by Board of Zonij.r4 hd ustments. r+•:,.•z" -�..p a, .,.. a.4.a :z-a .. ..... n`L' `" ' .. �.' "-.t• .re•:' '.thy. *.S,'Ka• '_ '. :?:. .;p,,"`_'.= �,_r,I` �'�}'t 'SY,.,`r ;i,�... ran,fir r 7 .�i�.... :'Se.�'f''���` ?'� ,-,y...� ~• �'`r"N��sl'Y .'s ZV •�",��.} wi.�'�`�.ly. i�#v:.�`�43 �;...^4,�.u P'� g�..,�'�""�7#Jc,y'' iw tr 3. .,l..�`�:rR' s:"" $t�-i. �.'.t�t-G. x_ ..#t:r�• L d"i�Y� ..'�'�:t,!t",�,. 't",ti'- � ;4'Ol-hy�.w,�i .•-t�n°� .�y' :�r �C.•,n„�Y!�-;.i..-,, y 77 pa §. .,...v `^' ,s.s•T:. ....;�r'i .sk x. �y.-a.�. r df� �F ask +k,�: -'.r r, ,'"t ;tea JK� .r"'��.•�.t t.w�tixY. S?:f�F t:T � ".t "' f=, . a ..s..y - ,s +a w T. .,w .,L -.'A'{. �,,.,...,,,.;-f^^°t. �• -,, ..i,t••�» r ,f^'� a.. s. ... ...5..y.,,^'� }"• i .'i"i }�..,. 1 k{ L 7Ka 1 a4 4cq it �� irk z�i?� r .f`��r.,'�'�n a�k�+ rua.#ram v Nv$'i�vaf4�•s N ��-•� �+* �' !4. ••''���,�"� -� 6 s�. '� fi''�� �J�k Srs+bQ*^ti,�,�*F..�:k ;d` "h ��f#'� t i• �7:' rn r ter , :. :r `l ers �. a rr'�- n[- '4r,y- 'a:.,..�: »..,y•,yA7. .,...'y.,���+yf{_'. s 4;,.''R r"?�.� + :.t`i'..� t',rt �i b�y�•..��..5` .r"'�r�+�.. i, ...%� .�i.•� �rS.}Yf +.4:-.Y 4j�,,'. �a y< :t�yy ,'33yr�� ��kS r+'*� z�. � '�S: y...t�+yi;;..tee a r.•sy�,.°i'r,��`r�,. ,S:. .{.f�i�,9 ^h .tJ!1' x� w'�1 F tv� �u� �<f"�y'l+ ��C�' w�.:+��...tHt. „!` •�14 .-•'Yr�:t' 7 .+' i ,.!C?•.. €.. ,.s,f,ar5'..ti. "�`,�.q,.^i�i�'�" .�,�.-.�,�Aa.,,',.'s.n.y C:.�'� ,V ,•(c"�;� 'j `j.» r-�N3.rri d -�.r �Yt.:..i<. ♦ ....r'w .n.`, � .,.t.:,t`c` `.i S�`s�° ,,.;'� :.,: .R •i+�yaS.,y* t'{`Iri.t"• e.s ;�F�;;,C��t1t, .6"r.,3.� ,..1 r...y ,�. !�•.'r: •L, •-l.• .�".�''1�1ti :4^„ s 4 et rk 935 r i cirwt55 huff- N c � i 2? t C E L i ' a C'G C 7f�("tr 7[' ('F:Nq ram.' u. 4 t t V lG z 140 7 1 ( 4— M -"J' 397�' ti N xtlrfl4' J Publish 8/23/84 NOTICE OF PUBLIC HEARING APPEAL TO PLANNING -COMMISSION'S DENIAL OF USE PERMIT NO. 84-34 & COND17IONAL EXCEPTION NO. 84-25 A & B NOTICE IS HEREBY GIVEN that -a public nearing will be held by 'the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7;30 P.M., or as soon thereafter as possible on _Tuesday the 4th day of -September 1984- , for the purpose of considering an appeal filed by Councilman Robert. P. Mandic to Planning Commission's denial of Use Permit No. 34-34 and Conditional Exception 84-25 A & B. Use Permit No. 84-34 is a request to permit construction of a 2,000 sq. ft. commercial building. Conditional Exception No. 84-25 A is a request to permit a reduction in required parking, encroachment into exterior side yard setback,, sight angle encroachment, and reduction of and parking encroachment into required perimeter landscaped planter area. Conditional Exreption No.` 84.25 B is a request to permit 'compact parking, encroachment int.o exterior side yard setback and reduction of and parking encroachment into re- quired perimeter landscaped planter area, Subject property is located at the northwest corner of Cypress Avenue and Beach Boulevard and zoned C4, Highway Commercial District. This project is categorically exempt pursuant to S. 15303 and 15105 of the California Environmental Quality Act and no further en, ronmental assessment is required. A legal description is on file in the Dep-artment of Development 3ervices. All interested persons are invited to attend said hearing and express their opinions for or against said appeal Further information may br. obtained from the Office of the City Clerk, 2000 plain Street, Huntington Beach, California. 92648 - (714) 536-5227 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk ' LEGAL NOTICE A peoL -f"v -be)ii t L USE PER , NO, 84-34; ¢- CONDITIONAL EXCEPTION NO , 84-25 A '& B Notice is hereby given that a public hearing will be held by the City Council of the City of Huntington Beach, Callif rnia, for the purpose of considering the Planning Commission 's denial of Use Permit No. 84-34 and Conditional Exception No. 84-25 A & B. Use Permit No, 84-34 is a request to permit construction of a 2 ,000 sq. ft. commercial building, Conditional Exception No. 84-25 A is a request to permit a reduction in required parking, encroachment into exterior side- yard setback, sight angle encroachment, and reduction of and parking encroachment into required perimeter landscaped planter area. Conditional Exception la'o, 84--25 B is a request to permit compact parking, encroachment into exterior side yard setback and reduction of and parking encroachment into required perimeter landscaped planter aThis project is categorically Cexempt pursuant to S. and 15105 of the California Environmental lity Act and no further environmental assessment is required. ject property is located at the northwest corner of Cypress Avenue and Beach Boulevard and zoned C4, Highway Commercial District. :4PA legal description is on file in the Department of Development Services, For 9-04-84 Ci.ty Council 165-364--01 165-364-02 165-364-03 Huntington Beach Co. Katella. Realty Leonard Lichter 2110 Main Street 1741 W. Katella Ave. 171ll Beach Blvd. #212 Huntington Bch. ,CA 9264t Anaheim, CA 92804 Huntington Bch„CFI 9264 165-364-04 165-364-05 165-364-06 Thsai-Ten 'Lin Geneva Walker Patsy Lilly 6821 ��cenic Bay Ln._ 17122 S. Elm Street 7931 Cypress Avenue Huntington Bch. ,CA 92648 Huntington Bch. ,CA 92647 Huntington Bch. ,CA 9264 165-364.-07 165-283-01 165-283-02,03 Gerald Robertson Tom Otto Marcel.ino Jiron �•� 15431 Vermont St. 1475 S. State College PaMABox 186 Westminster, CA 92683 Blvd. , Ste, 104 Lakewarrowhead, CA 923"`: Anaheim, CA 92306 165-283-04 165-283-05 165-283-07 Donald Jones A.P. Evans c/o W.E,Fischer Daraka Griauque 17931 Beach Blvd 101 Shore Cliff Drive 17172 Elm Street Huntington Bch. ,CA 92.647 Corona del Mar,CA 92625 Huntington Bch. ,CA 926,, 165-283 -06 165-283-08 167-324-aa0 Ruben A varez Audel a Duarte Gen. Bap. Church of Occ 17162 Elm Street 17190 Elm Street view c/o D.L. Dickey Huntington Bch. ,CA 92647 Huntington Bch. ,CA 92647 17101 A Street Huntington Bch. ,CA 926t 167-324-11 167-325-15, 167-325-16 167-325-17' Warner Beach Co. , Inc. California Ficst Bank Betty King 4400 W. Westminster Ave. Site Location Division c/o Taco Bell #283 Santa. Ana, CA 92703 P_ 0. Box 1311 1011 Stemmons Tower So, San Diego, CA 92112 Dallas, TX 75207 165-283-02,03 Marceiino Jiron P.O. Box 186 Lake Arrowhead ' CA 92352 ,a f` r ti kAC b �3t�lt}Sc Publish 8/23/84 J- r- NOTICE OF PUBLIC HEARING 1 0 Vic APPEAL TO PLANNING COMMISSION`S "DENIAL OF USE PERMIT NO. 84-34 & CONDITIONAL EXCEPTION NO. 84-25 A & 3 NOTICE IS HEREBY GIVEN that a public hearing will be held by the Lity Council of the City of Huntington Beach, in the Council Chamber of the Civic 'Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possibl-e on Tuesday the 4th day of September , 1984 for the purpose of considering an appeal filed byCouncilman Robert P. Mandic to Planning Commission's denial of Use Permit No. 84-34 and Conditional Exci tion 84-25 A & B_ U: Permit No. 84-34 is a request to permit construction of a 2,000 sq. ft. commercial bui;-'ing. Conditional Exception No. 84-25 A.is a request to permit a reduction in required parking, encroachment into exterior side yard setback, sight incilp encroachment, and reduction of and parking encroachment into required , ,rimeter landscaped planter area. Conditional Exception No. 84-25 8 is a request to permit compact parking, encroachment into exterior side yard setback and reduction of and parking encroachment into re- quired perimeter landscaped planter area. Subject property -is located at the northwest corner of Cypress Avenue and Beach Boulevard and zoned C4, Highway C'onvoercial district. This project is categorically exempt p�,rsuant to S. IS303 and 15105 of the California Environmental duality Act and no further environmental assessment is required. A legal- description is on file in the Department of Development Services. All interested persons are invited to attend said hearing and express their' opinions for or against said appear , .urther information'may be obtained from the Office of the City Clerk, `2000 Main Street, Huntington B'eachMUNTiNVOAS - (714) 535-5227 DATEDDEVELOPMENT SERVICES CITY OF HUNTINGTON BEACH :, 8y: Alicia M. Wentworth City Clerk Page #6'- Council Minutes - 6j21/82 A motion was made by Finley, seconded by MacAllister, to continue, decision on Code Amendment 81-18 to an adjourned meeting to be held August 9, 1982. Councilmen MacAllister and Kelly spoke regarding the need for additional in- formation such as the legal aspects and the availability of spaces at the Corona park. Councilman Thomas suggested that a catalogue of available locations within a_100 mile area be prepared. Councilman Mandic suggested the possibility of requiring that if 60% of park residents approved a plan that the remainder would be obligated to concur. The motion made by Finley and seconded by MacAllister carried unanimously. RECESS - RECONVENE The Mayor called a, recess of Council at 9:55 P.M. The meeting was reconvened at 10:0.5 P.M. PUBLIC HEARING - APPEAL TO PC DENIAL OF CE 82-02/TPM-80-563 (82-556) - PHIL ZISAKIS TABLED The Mayor announced that this was the day and hour set for a public hearing for the purpose of considering an appeal of the denial of Conditional Exception 82-02, a request to allow a reduction in the minimum lot area from 6,000 square feet to 3,900 square feet and a reduction in the required 60 feet of frontage to 38 feet. Tentative Parcel Map 80-563 (82-556) is a request to divide one- (1) existing lot into four (4) parcels. The subject property is located at the northwest corner of Cypress Avenue and Beach Boulevard in the C4 (Highway Commercial District). The City Clerk announced that all legal requirements fc~ notification, publica- ti'on and posting had been met, , and that she had received no communications or written protests to the matter. The Mayor declared the hearing open: Phil Zisakis, appellant, spoke regarding the attempts he had made to obtain approval to build. There being no one ,present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Following discussion:, a motion was made by MacAllister, seconded, by Kelly, to overrule the Planning Commission and approve Conditional Exception 82-02 and Tentative Parcel Map 80-563 (82--556) with the following findings and conditions: FINDINGS - CONDITIONAL EXCEPTION NO. 82-02 , 1 . 1 Based on the fact that the subject property was previously divided into four parcels through sales of the individual portions and that each par- cel of land has been developed with permanent uses, there: are exceptional circumstances that apply to both 'the land configuration and building`loca ti4n which do not apply generally to the properties or uses in the general M/ Page #5 = Council Minutes - 6/21/82` Carolyn Seitz 'spoke regarding the special problems faced by mobilehome owners when conversion is contemplated. Dale Ingram, Driftwood Beach Club, member of the Huntington Beach Mobilehome Owners Council commented on the permanent zone aspectversus 'overlay zone. He stated his opposition to the staff recommendation for the sliding scale, Everett Brake spoke regarding the need to provide for displaced families. He suggested that a new committee be formed composed of park owners, residents and other concerned part'es. Mary Canaletti spoke regarding the need for mobilehome residents to preserve their way of life, Rase Mehler, Huntington Shores stated that there were no other locations to move their mobilehomes. She stated the possibility of relocating to a mobile- home park in Corona; however, that this option might be precluded by the need for extensive remodeling or because acceptance of older mobilehomes was doubtful . Mr. Hal Marchman, resident, Huntington Shores Mobilehome Park, spoke regarding relocation costs, stating that he would like to see the first and last month's rent as security deposits and the costs of upgrading. He commented on the 270 day residency requirement. Louis 0. Carro, res:!SI-nt, Pacific Park, stated hebelieved the 270 day residency requirement was discriannatory. Kenneth Waggoner, attorney for Huntington Beach Company and the Huntington Saacliff Corporation, spoke regarding their analysis of the proposed code amendment. He stated that a letter setting forth their views had been sent to Council . He stated that he believed the proposed code amendment represented an unfair financial burden on park owners. Robert Williams, Director of Huntington Seacliff Corporation and Vice-President and general counsel of the Huntington Beach Company, stated his opposition to the proposed code. He presented reasons why mobilehome park operation was not profitable. Margaret Casper, resident of Huntington Shores Mobilehome Park, spoke in opposition to the residency `requirement, Alma Johnson, Sea-Aira Mobilehome Estates, stated that mobilehomes do increase in value. She requested that the guidelines submitted by the applicant, spe- cifically S. 9270;13'; page 4 be reconsidered by Council as she believed they were inadequate. Jim Knowles, resident, Huntington Shores, stated reasons why he believed compen- sation to mobilehome residents was a responsibility of park owners. Considerable discussion was held. A motion was made by Kelly, seconded by MacAllister to close the hearing, The motion carried unanimously. t-°r P Page #8 - Council Minutes - 6121/82 Councilman Pattinson requested that this item be placed on the New Business Council CoRments portion of the July 6, 1982 agenda under his name. PUBLIC HEARING - APPEAL TO PC CONDITION OF APPROVAL CUP 82-6 - FRANK H A RES & SONS CONSTRUCTION °COMPANY - CONTINUED TO 6 2 28 The Mayor announced thatthis was the day ano hour set for a public hearing to consider an appeal to the Planning Commission's conditional approval of Conditional Use Permit No. 82-6, a request to permit the construction of a recreational vehicle and self-storage facility on property located on the southwest corner of Stewart Avenue and Ernest Street within the Ml-O-CD' (Light Manufacturing combined with Oil Production and within the Civic District.) The applicant is appealing Condition of Approval No. 9 which requires improvements to the northerly ten feet of Ernest Street (from Centerline) between <Goldenwest Street and the €irst entrance to the project located on Ernest Street. The City Clerk announced that all legal requirements for notification, , publication and posting had been met, and that she had received no communi- cations or written protests to the matter. The Mayor declared the hearing, open. On motion by MacAllister, second Mandic, Council continued the public hearing on the appeal to the Planning Commission's condition of approval relative to Conditional Use Permit 82-6 to an adjourned meeting to be held June 28, 1982. The motion carried by the following roll call vote: AYES: Pattinton-, Thomas, MacAllister, Mantic, Finley, Bailey NOES: Kelly ABSENT`: None PUBLIC HEARING - COASTAL ELEMENT REVISIONS The Mayor announced that this was the day and hour setfor a public hearing to consider Coastal Element Revisions. Said revisions eddre., the conditions suggested by the Coastal Con-mission to bring the plan into compliance with the Coastal Act and other minor adjustments to the land use map and text. The City Clerk announced that all legal requirements for publication and posting had been met, and that she had received no communications or written protests to -he matter. The Development Services' Director presented background information relative to the city's proposed coastal plan,, stating that the item before Council at this °time is the amended terminology worked out between staff and Coastal Commission staff pursuant to previous Council direction. Mike Multari, Associate Planner, presented a review of staff -suggestions for policies and minor amendments proposed for land use. Mayor Mandic decVred the hearing open. Page #7 - Council Minutes - 6/21/82 2. Since there are four separate owners and individual development of the subject property, the !granting of this conditional exception in con- junction with a tentative parcel map is necessary for the preservation and enjoyment of substantial property rights. 3. The; granting of thi's conditional exception will not be materially detrimental to the public health, safety, and welfare of the neighbor- hood or of the City in general, insofar as each parcel is existing in its present configuration by ownership and development. FIINDINSS - TENTATIVE PARCEL MAP WO. 80-563: 1., The proposed subdivision of this .85 acre parcel of land, zoned C4 and R2 is in substantial compliance with the City's General Plan for this area. 2. The General Plan has set North provisions for this type of land use as well as setting forth objectives for the implementation of this type of use. 3. With the use of a conditional exception, the size, depth, frontage, street widths, and 'other design ana improvement features of the pro- posed subdivis.ior -re proposed to be constructed in compliance with standard plans and specifications on file with the City, as well as in compliance with the State Map Act and supplemental City subdivision ordinance, CONDITIONS OF APPROVAL: 1. The tentative parcel map received and dated May 7, 1982 shall be the approved layout. The street section along Cypress Avenue shall be redesignated to reflect a 30-foot dedication on the centerline. 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Compliance with all City ordinances. 4. A copy of the recorded parcel map shall be filed with the Department of Development Services, The Development Services Director recommended that Condition No. 5 be in- cluded as follows: Vehicular access rights for Parcel 4 along Beach Boulevard shall be dedicated to the City of Huntington Beach. All vehicular access to Parcel 4 shall be taker, from Cypress Avenue only. A motion was made by Pattinson, seconded by Bailey, to table the appeal` to the Planning_ComrLIssion`s denial of Conditional Exception 82-02 and Tenta- tive Parcel Map 80-563 (82-556). The motion carried by the following vote: AYES: Pattinson, Thomas, Finley, Bailey, Kelly NOES: MacAllister, Mandic ABSENT-. None u-.i Page #6 Council Minutes - 7/6/82 On motion by Kelly, second MacAllister, Council ratified the appointment of Major Bowles and Waldemar Van Cott to the Personnel Board unanimously. STUDY SESSION TO BE 'SCHEDULED SURPLUS PROPERTY Councilman Kelly stated his concern regarding relocation of people displaced' during redevelopment of certain areas in the City and suggested that surplus property owned by the City could be utilized for this purpose, It was the consensus of Council that a Study Session be scheduled later in the summer to consider surplus property in the City. Staff was directed to gather information regarding the matter in preparation for the Study Session. Councilman Thomas arrived,at 8:30 P.M* PLANNING COMMISSION APPOINTMENT - MIRJAHA14GIR Councilman Thomas appointed Frank Mirjahangir to the Planning Commission. % PUBLIC HEARING - APPEAL GRANTED, 'WITH CONDITIONS, TO PC DENIAL OF CE 82-02/TPM' T 80-563 82-556 PHIL - ZISAKIS-- REMOVED FROM TABLE The City Clerk: presented the following matter at the request of Councilman Pattinson, which had been tabled June 21 , 1982, considering an appeal to the denial of Conditional Exception 82-02, a request to allow a reduction in the minimum lot area from 6,000 square feet to 3,900 square feet and a- reduction in the required sixty feet of frontage to 38 feet. Tentative Parcel Map 80-563 (82-556) is a request to divide one (1) existing lot into four (4) parcels. The subject property is located at the northwest corner of Cypress Avenue and Beach Boulevard in the C4 (Highway Commercial District). The Planning Director informe6 Council that in the event they wish to grant said appeal , that Condition No. 5 had been added to the list of recon nened conditions. A motion was made b%, Pattinson, seconded by Kelly, to remove the appeal to the Planning Commission's denial of CE 82-02/TPM 80-563 (82-556) from the table. The motion carried unanimousl, , A motion was made by Pattinson, seconded by telly, to overrule the Planning Commission and grant the appeal to the denial of Ca-iitional Exception 82-02 and Tentative Parcel Map 563 with the following findings and conditions. rindings Conditional Fxception No. 82-02 1 . Based on the fact that the subject property was previously divided into four parcels through sales of the individual portions and that each parcel of land has been developed with permanent uses, there are exceptional circumstances tAat apply to both the land configuration and building location which do not apply gr..;erally to the properties or use in the general vicinity. 2. Since there are four separate owners and individual development of the subject property, the ,granting of this conditional exception in conjunction with 'a tentative parcel map is necessary for the preservation and enjoy- ment`of substantial property rights. Page f5 - Council Minutes - 7/6/82 i On motion by Mandic, second MacAllister, Council- approved and authorized execution of Supplemental Agreement No. l and approved the appropriation revision in the amount of $10,262.00 for FY 1982/83. The motion carried by the following roll call vote: AYES. Pattinson, MacAllister, Mandic, Finley, Bailey, Kelly NOES. None ABSENT. Thomas SUGGESTED PROJECTS FOR F-,SSISLE AHINOIL FUNDING Mayor Mandic informed Council that they had been provided with a list of suggested projects for possible Aminoil funding.- He stated that he had composed a letter to Aminoil with a list of the projects for their considera- tion. PCTA Councilman MacAllister stated that each councilmember should have received a report from the Public Cable Television Authority and that staff was currently reviewing the figures. fCouncilman MacAllister stated that the next meeting of the PCTA was scheduled for Thursday, July 8, 1982' ENVIRONMENTAL BOARD APPOINTMENTS OLDEN/ALLEN The Cit Clerk resented a. communication from Councilwoman Bailey recommending y p y 9 the appointment of Faye E. Ogden and Gary Mikel Allen to terms on the Environ- mental Board. On motion by Bailey, second Finley, Council ratified the appointment of Faye Ogden and Gary Allen to terms on the Environmental Board unanimously. HANDICAPPED ACCESS AT BLUFFTOP PARK Councilwoman Bailey stated her concerns regarding beach access for the handi- capped at, the Blufftop 'Park. Discussion was held regarding aspects such as funding and practicality. Staff was directed to look into the matter. COMMUNITY SERVICES COMMISSION APPOINTMENT VANDER MOLEN - HB, CITY SCHOOL DISTRICT REPRESENTATIVE The City Clerk presented a communication from the Huntington Beach City School District recorrmending the appointment of Norma Vander Molen as Community Services Commission representative for 1982-83. On motion by Finley, second Kelly, Council ratified the appointment of Norma Vander Molen as the Huikt}ngtoin Beach City School district representative to the Community Services Commission. The motion carried unanimously. PERSONNELS COMMISSION APPOINTMENT - BOWLES/VAN COTT Councilman, Kelly recowiliended the appointment of Major Bowles and Waldemar Van Cott to the Personnel Board. Page 5 - Council Minutes 9/4/84 PUBLIC HEARING `- CONTINUED OPEN TO 9117/84 - APPEAL TO PLANNING COMMISSION DENIAL OF UP 84-34 & C'F. 84-25 4 h B COUNC1114AN MAW. IC CONTINUED TO 9/17/84 The Mayor announcedthat this was the day and hour set for a public hearing to consider :an appeal filed by Councilmnn Robert P. Mandic to the Planning Commission's denial of Use Permit No.-84-34 and Conditional Exception 84-25 A b B. Use Permit No. 84-34 is a`request to permit construction of a 2,000 sq. ft. commercial building. Conditional Exception No. 84-25 A is a request to permit a reduction in required parking, encroachment into exterior side yard setback, sight angle encroachment, and reduction of and parking encroachment into required perimeter landscaped planter area. Conditional Exception 84-25 B is a request to permit compact parking, encroachment into exterior side yard setback and reduction of and parking encroachment into required perimeter landscaped planter area. Sub,ect property is located at the northwest corner of '�'vpress Avenue and Beach Boulevard and zoned C4, Highway Commercial District. This project is categorically exempt pursuant S. 15303 and 15105 of the California Environmental Quality Act and no further environmental assessment is required. The City Clerk ai.nounced that all legal requirements for notification, publication and posting had been met, and that she had received no communications or written protests to the matter. The Mayor declared; the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by MacAllister, seconded by Finley, to continue the hearing open to the September 17, 1984 Council meeting. The motion carried- by the following roll call vote; AYES: Pattinson, MacAllister, Thomas, Kelly, Finley,, Bailey NOES: None ABSENTI Mandic PUBLIC HEARING - OVERRULE PC AND GRxNT APPEAL` TO PLANNING COMMISSION RESOLUTION AMENDMENT 1258 RUDY LENZKES the Mayor announced that this was the day and hour set for a public hearing to consider an apFeal to the condition imposed by the Planning Commission amendment to Resolution. No. 1258, wherein a beauty supply wholesale and retail` b'isiness may be established without full service beauty shop. The subject property is located at the southeast corner of Gothard Street and Heil Avenue and zoned MI, Light Industrial District. (16552 Unit "A" - Gothard Street'' %he City Clerk announced' that all legal requirements for notification, publit:ation and posting had been met, and that she had received no communicat•wolas or written protests to the matter. The 'Director of Development' Services presented a staff report. �r j Page 6 — Council Minutes — ,9/4/84 The Mayor declared the hearing open. Rudy Lcnzkes, appellant, described his business and the need for one operator to do nails and one to do hair. He presented an informal petition containing approximately 288 signatures to tie City Clerk. John Hall, manager of the project for Delta Management, stated that he believed Mr. Lenzkes` projecc was compatible with the overall project. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Following, discussion, a motion was made by Pattinson,, seconded by Bailey to overrule the Planning Commission and Planning staff and grant the appeal filed by Rudy Lenzkes to the condition imposed by the Planning Commission amendment to Resolution 1258. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey NOES. None ABSEI.T: Mandic RESOLUTION NO 5437 ADOPTED — ORDERS VACATION OF PORTION OF SANTA BARBARA LANE 5 ALL OF SAN CLEMENTE AND MANDALAY CIRCLES The Mayor announced that this was the day and hour set for a public hearing pursuant to Resolution of Intent No. 5435 adopted August 20, 1984 to vacate public street .easements on a portion of Santa Barbara Lane, and all of San Clements and Mandalay Circles. The City Clerk a-inounced that all legal requirements for notification, publication and posting had been met, and that she had received no communications or ;ritten protests to the matter. The Director of Public Works presented a staff report. The Mayor declared the hearing open. Paul DeSautis,, Attorney at Law representing an adjacent tract stated that the vacation of street had his clients ful.1 support. Berdette Allet, ,requested Council adopt Resolution No. 5437. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was 'losed by the Mayor. The City Clerk presented Resolution No. 5437 for Council consideration — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNT.INGTON BEACH ORDERING THE VACATION OF PUBLIC STREET EASEMENTS ON A PORTION OF SANTA BARBARA LANE", AND ALL OF SAN' CLEKENTE AND MANDALAY CIRCLES." A motion was made by Pattin.scn, seconded by MacAllister, to adopt Resolution No. 5437 by the following roll call vote: ?I ' MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, September 17, 1984 A tape recording of this meeting is on file in the City Clerk' s Office Mayor Kelly called the regular meeting of the City Council of the City of Huntington Beach to order at 7:50 P.M. PLEDGE OF ALLEGIANCE AND IWOCATIOi The Flag Ceremony was conducted by Boy Scout Troop 134, Boys and Girls Club. of Huntington Valley, Leader Scott Nicholson. The Pledge of Allegiance was led by ,Brian Buckles. The Invocation was given by Darin Buckles. ROLL CALL Present: Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic Thomas (arrived 8:00 P.M.) Absent: None PRESENTATION - SISTER CITY YOUTH EXCHANGES WITH ANJO, JAPAN Mayor Kelly presented plaques to the Sister City Youth Exchangees with Anjo, Japan. Present to accept were Doug Erber, Kelly Mandic, Marla Plotkin, Heather Schley. Also participating in the youth exchange but not present was Karen Yee. COMMENDATION - CITY OF HUNTINGTON BEACH JUNIOR LIFEGUARD PROGRAM - W ARNALL Mayor Kelly presented a plaque commending Doug D'Arnall, Captain of Marine Safety for the City, on the City of Huntington Beach Junior lifeguard Program. PUBLIC HEARING - APPEAL TO PC DENIAL OF UP 84-34 d CE 84-25 (ASB) COUNCILMAN MANDIC APPEAL GRANTED - CONDITIONS TO BE PRESENTED TO COUNCIL AT LATER., DATE The Mayor announced that this was the day and hour set for a public hearing to consider an appeal, filed by Councilman .Robert P. Mandi to the Planning Commission's denial of Use Permit No. 84-34 and Conditional Exception 84-25 (A) 6 B. Use Permit No. 84-34 ,is a request to permit construction of a 2,000 sq, ft. commercial building. Conditional Exception No. 84-25 A is a request to permit a reduction in required parking, encroachment into exterior Side yard setback, sight angle encroachment, and reduction of and parking encroachment into required perimeter landscaped planter area. Conditional Exception 84-25 (B) is a request to, permit compact parking, encroachment into exterior 'side yard setbazk and reduction of and parking encroachment into Page 2 - Council Minutes - 9117/84 required perimeter landscapeA punter area. Subject property is located at the northwest corner of Cypress Avenue and Beach Boulevard and zoned C4, Highway Commercial District This project is categorically exempt pursuant to S. 15303 and 15105 of t e California Environmental -Quality Act and no further environmental assessme," is required-. The City Clerk announced that all legal req,d rements for notification, publication and posting had been met, and that she hau received no communications or written protests to the matter. The Mayor declared the hearing open. Phil Zisakis, owner of the property, described the business conducted by his glass shop and the history of paperwork involved in his trying to develop the site. He staged that he believed Plan B was the west plan. There being no one present to sF rrh--- nn the matter and there being no further protests filed,, either or, _cten, the hearing was closed by the Mayor. Discussion was held regarding parking and the possibility of reducing the size of the building. Discussion was also held regarding using redevelopment measures to develop the property. A motion was made by Finley, seconded by Bailey, to overrule the Planning Commission and grant use Permit 84-34 and Conditional Exception 84-25 based on the following finding. There are exceptional or extraordinary circumstances or conditions applicable to the land and to the intended use of same, that do not apply generally to other property in the same district; and to direct staff to work with the applicant in order to prepare a revised site plan; the amended site plan to be brought back to Council with conditions for approval., The motion carried by the following roil call vote: AYES: Thomas, Kelly, Finley, Bailey, Mandic NOES: Pattinson MacAllister ... ABSENT: None A motion was made by Finley, second Bailey, to direct that the revised plan as proposed in Use Permit 84-34 and Conditional 'Exception 84-25 be scaled, to such an extent that the proper, landscaping and parking can be developed and to integrate the project with the overall L, .iject being developed for the area. The motion carried by the following roll call vote; AYES: Pattinson, MacAllister, Thomas, Kelly, Finley,, Bailey, Mandic NOES., None ABSENT, None PUBLIC HEARING APPEAL TO PC APPROVAL OF CUP 84-21 COUNCILMAN FINLEY APPEAL GFANTcD- WITH AMENDED CONDITIONS - PRIVATE ELEMENTARY SCHOOL The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Councilwoman Ruth Finley to the Planning Commission's approval of Conditional Use Permit No. 84-21 to establish a C� •Pege lb - Council,Minutes - 10/15/84 VACANCIES - 4TH JULY EXECUTIVE BOARD - STAFF TO ADVERTISE PER MADDY ACT Councilman MacAllister informed Council. of three vacancies on the 4th of Judy Executive Board and requested staff to advertise the vacancies pursuant to the Maddy Act. OCELOT - REFERRED TO STAFF` Councilman MacAllister requested staff to assist Parri Glamuzima in her efforts to keep her ocelot in the City. STS SIMON R JUDE - CARNIVAI. Councilman MacAllister suggested that the same controls placed on the St. Boneventure Carnival be applied to the Sts. Simon & Jude Carnival. SWEARING IN OF ELECTED OFFICIALS - SCHEDULED FOR 12/3/84 Councilman MacAllister referred to a memorandum fros, the City Attorney to the City Clerk pertaining to the swearing in of elected officials. A motion. was made, by MacAllister, seconded by Mandic,, to schedule the swearing in of elected officials for December 3, 1984. the motion carried by the following roll call vote: AYES: MacAllister, Bailey, Mandic NOES.. Kelly, Finley ABSENT: Pattinson, Thomas TELEPHONE BOOTH - PCH BTWN GW/9TH STS - REFERRED TO STAFF Councilman, Handic stated that he believed a telephone booth was needed on Pacific Coast Highway between Goldenwest and 9th Streets. He suggested one be placed in the Bluff Top Park area. The matter was referred to staff by consensus of Council. CONDITIONS OF APPROVAL ON CE 84-25 - TO BE CONSIDERED 11/5/84 Following discussion, a motion was made by Mandic, seconded by MacAllister, to direct staff to present the Conditions of Approval of Conditi€anal Exception 84-25 relative to property located on the northwest corner of Cypress Avenue and Beach Boulevard for Council consideration at the meeting of November 5, 1984. The motion carried unanimously. ORDINANCE NO 2733 - ADOPTED - AMORTIZING NONCONFORMING ADULT ENTERTAINMENT EIJSINESS The City Clerk presented Ordinance No. 2733 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH w� ORDINANCE CODE BY ADDING THERETO NEW SECTION 9754.1 EXTENDING THE PERIOD OF '" A.ORTIZING #ZONCONFORMING ADULT ENTERTAINMENT BUSINESS." Page 15 - Council Minutes - 10/15/84- RESOLUTION NO 5456 - ADOPTED - STATE LANDS COMMISSION LEASE AGREEMENT - WATER S' STORM. DRAIN EASEMENT COUNTESS DRIVE The City Administrator presented Resolutioi:. No. 5456 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND AUTHORIZING EXECUTIVE OF A-LEASE WITH THE CAIIFORNIA STATE LANDS'COMMISSION FOR CITY WATER AND STORM DRAIN EASEMENT." On motion by MacAllister, seconded by Mandic, Council adopted Resolution No. 5456 by the following roll call vote: AYES: MacAllister, Kelly, Finley, Bailey, Mandic NOES None ABSENT: Thomas, Pa 'Anson FENCE AT STATE BEACH (PCH) - REFERRED TO STAFF Councilwoman Bailey stated her concern regarding the old fence along Pacific Coast highway at the state beach. The Chief of Police stated he would follow up the matter with CALTRANS. CROSSWALK - POLYNESIANIHAMILTON - REFERRED TO TRANSPORTATION COMMISSION Councilwoman Bailey stated her concern regarding the requested crosswalk at Polynesian Avenue and Hamilton Street and requested that the matter be referred to the Transportation Commission, NOV 6 'ELECTION - ARGUMENTS FOR MEASURES G AND 11 Councilwoman Bailey stated her concern that no arguments in favor of measure G an,: H appeared in the voters pamphlet. It was suggested that a program be developed and presented on cable television. COMMUNITY SERVICES COMMISSION INVITED TO COUNCIL STUDY SESSION SCHEDULED 10/22/84 - MOBILEHOME SHELTER PARK - MUSHROOM FARM SITE Following discussion, it was the consensus of Council to invite members of the Community Services Commission to participate in the S,udy Session scheduled` for October 22, 1.984 on the proposed mubilehome shelter park on the Mushroom Farm site. ASCON IANDFILL MEETING 10/17/84 Discussion was held by Council regarding the meetings scheduled at 10:00 A.M. Wednesday, October 17, 1984. The meeting is with City: Council and staff members. and members of the State Department of Health Services, Toxic Substance Control Division, Air Quality Management District and Orange County Health Department regarding the Ascan Landfill. .er y 'tom # Page 18 - Council Minutes 11/5/84 The Director of Public Works presented a staff report. On motion by MacAllister, second Pattinson, Council adopted a' Street Tree Removal/Repracement Policy, by the following roll call vote; AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: None DIRECTION GIVEN REGARDING ACQUISITION OF MUSHROOM FARM PROPERTY< The City Administrator informed Council that they had been provided with a copy of _a comrun�wation from his office dated November 2, 1984 regarding the proposed Mobilehome/Recreational Vehicle Park and Central Park Fxpansion Project. Following discussion, a motion was made by Pattinson, seconded by MacAllister, to 'start negotiations with SBE to try and acquire this portion of the mushroom farm property in the best 'way possible for the proposed mobilehome park. The motion carried by the following, roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey NOES: Mandic ABSENT: None Councilman Pattinson left the meeting at 12:15 A.M. AA motion was made by Kelly, seconded by Finley, to invite members of the I Community Services Commission, per their letter of request, to work jointly in the final master planning of that portion of Huntington Central Park pertaining to the proposed mobilehome shelter/recreational vehicle facility. The motion carried by the following roll call voter AYES: MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: Pattinson A motion was made by Thomas, seconded by MacAllister, to direct that if land cannot be purchased for the mobilehome park that Council intends to have the land designated as part of Huntington Central Park/recreational vehicle/open space rather than to have it be developed for Single Family Residential or any other type of use; and to bring the zoning of the property into conformance with the General Plan. The motion carried by the following roll call vote: ATES XacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: Pattinson USE PERMIT 84734 & CONDITIONAL EXCEPTION' 84-25 — CYPRESS/BEACH — APPROVED ALTERNATIVE B AND CONDITIONAL EXCEPTION 84-25 The City' Administrator informed Council that they had been provided with copies of alternative designs which he believed would eliminate the need for a Page 17 - Council Minutes - 11J5„/84 NEGATIVE DECLARATION NO 84-39 FOR EDISON COMMUNITY CENTER GYMNASIUM ADDITION' PROPOSITION 18 GR•1,7 - Approved Negative Declaration No. 84-39 to accompany Proposition 18 Grant Application for constructionof a gymnasium at Edison Community Center. CONTRACTING FOR COUNSELING SERVICES - ORANGE COUNTY EMPLOYEE 'SSISTANCE NETWORK Approved and authorized execution of an agreement fG. Personnel Services between she City and Orange County Employee Assistance Network (,OCEAN) to provide counseling; services for employees of the City of Huntington Beach. SPECIAL COUNSEL FOR RESERVOIR HILL ASSESSMENT DISTRICT - TABLED LATER IN THE MEETING The Deputy Lity Clerk presented a communication from the Director of Public Works regarding special legal services for the proposed Reservoir Hill Assessment District: Following discussion, a motion was made by Bailey, seconded by Finley, - co continue consideration of the selection of legal counsel for t'ye proposed Reservoir Hill Assessment District to November 19, 1984. The motion failed by the following roll call vote; APES: Pattinson, Finley, Bailey NOES; MacAllister, Thomas, Kelly ABSTAIN: Handic ABSENT: None Following discussion, a motion was made by Pattinson, seconded by Kelly, to reconsider the previous motion. The motion to reconsider carried by the following roll call vote: AYES: Pattinson Thomas, Kelly, Bailey NOES;` MacAllister, Finley ABSTAIN: Mandic ABSENT: None A motion was made by Pattinson, seconded by MacAllister, to approve selection of F. MacKenzie Brown, Inc. , to provide legal services for the proposed Reservoir HUI Assessment District; establish a budget of t20,000 for legal. services under this agreement and authorize execution of the consultant agreement with F. MacKenzie Brown, Inc., for fees as described in said agreement. The motion carried by the following roll call vote: AYES: ' Pattinson, MacAllister, Thomas, Kelly NOES: Finley, Bailey ABSTAIN: Mandic ABSENT: None Later in the meeting this item was tabled. STREET IMPROVEMENT DAMAGE CAUSED BY TREES IN PUBLIC RIGHT-OF-WAY The Deputy City Clerk presented a communication from the Department of Public rf . Works transmitting a Street Tree Removal/Replacement Policy. 1 • " Page l Council Minutes - 11/5/84 conditional exception on parking reduction and landscape requirements on property,located at the northwest corner of Cypress Avenue and Beach Boulevard and zoned. C4, Highway Commercial District. Following discussion, a motion was made by Mandic, seconded by Finley, to approve Alternative B and allowed a second story to be constructed to be used for storage only. The motion carried by the following roll call vote: AYES: Kelly, Finley, Bailey, Mandic NOES: MacAllister, Thomas ABSENT': Pattinson Mayor Kelly requested staff to work with Mr. Zisakas through the redevelopment process to make the situation viable. RESOLUTION NO 5458 '- ADOPTED SINGLE FAMILY MORTGAGE REVENUE BONDS The City Administrator presented RFsolution No. 5458 for Council considera- tion "A RESOLUTION OF,THE CITY OF HUNTINGTON BEACH STATING ITS INTENTION TO ISSUE MORTGAGE REVENUE BONDS." Douglas N. LaBelle, Deputy City Administrator, presented a staff report. On motion by Mandic, second MacAllister, Council adopted Resolurion No. 5458 by; the following roll call vote: AYES MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: Pattinson YOUTH BOARD APPOINTMENT - MICHELLE MANAGO on motion by Bailey, second Finley, Council approved unanimously the appointment of Michelle Mana,go to a term on the Youth Board to expire June 30, 1985, as recommended by Council liaison members Bailey and Finley. ENVIRONMENTAL BOArD APPOINTMENT - SERAPHINE On motion by Bailey, second Finley, Council approved unanimously the appointment of Kay Seraphine to a term on the Environmental Board to expire June 30, 1986, filling the unexpired term vacated by Gary Allen. as recommended by Council liaison members Bailey and Finley. PERMIT PARKING STATUS REPORT REQUESTED Mayor Kelly requested a statis report, on the request for permit parking At the streets behind Captain Jacks. LETTER FROM BEKINS PERTAINING TO LUE 84-2 - REFERRED TO STP.FF Mayor Kelly referred to a letter dated November 1, 1:984, received from Jack Fot ,, Vice-President, Corporate Development, Bekins, in opposition to Land Use rf 'i Page 20 Council Minutes 11/5/84 Element Amendment 84-2, Area of Concern 3.1 and in opposit nmental Impact Report 84-3. He requested staff to 'make the letter , record of the public hearing. MODIFICATION OF APPEAL PROCEDURE REFERRED TO STAFF L Following discussion, a motion was made by MacAllister, seconded by Thomas, to direct staff to study the feasibility of modifying the time regarding filing of appeals to decisions of lower city bodies from 10 or 15 days to 20 days. The motion carried unanimously. SPECIAL LEGAL SERVICES FOR RESERVOIR HILL ASSESSMENT DISTRICT - TABLED A motion was made by Thomas, seconded by Redly, to reconsider the motion made earlier in the meeting by Pattinson, seconded by MacAllister, to approve the selection of F. MacKenzie Brown, Inc. , to provide legal services for the proposed Reservoir Hill Assessment District; establish a budget of t20,000 for legal services under this agreement and to authorize execution of the consultant agreement with F. MacKenzie Brown, Inc. , for feeF as de: ")ed in said agreement. The motion to reconsider carried by the following r;,il call vote: AYES: Thomas, Kelly, Finley, Bailey NOES: MacAllister ABSTAIN. Mandic ABSENT; Pattinson A motion was made by Thomas, seconded by Bailey, to table consideration of legal se-vices for the Reservoir Hill Assessment District. The motion to table carried by the following roll call vote: AYES,: Thomas, Finley, Bailey NOES: MacAllister, Kelly ABSTAIN: Mandic ABSENT: Pattinson REQUEST PUBLIC VOTE NO ON MEASURE D - TWO CONSECUTIVE TERM LIMITATION Counci'man Thomas requested everyone to vote no on Measure D - "Shall existing City Charter Section 300 be amended to remove the limitation, barring a person from serving more than two consecutive terms as a City Council member." CITY ENTRANCE' SIGNS' Discussion was held regarding the City entrance signs. The Director of Public Works stated the marter would come before Council for discussion the first meeting in December. NOISE ABATEMENT WALL - REFERRED TO STAFF - DEFERRED TO 11/19/84 Councilwoman Bailey requested scaff to draft a resolution or recommend other � � appropriate action to Council at the;meeting of November 29, 1984 to assist ! 1"Lel,91 11 AD '*t'ProvL - • I& CITY OF F-iUEDITING'TON IDSEACM COUNCIL AUMINHSTRATOI COMN4UNICATION «at�zatir.n«a Hriru To Honorable Chairman and From Charles W. Thomps Redevelopment ;agency Members Chief Executive Offi -Subject PROPERTY OWNER SUPPOR. FOR JOI14T Dade May 7, 1984 DEVELOPMENT PROGRAM, FOR CYPRESS-BEACH SITE During the past several days, staff has had an opportunity to discuss the Charter Centre Plans and the Zisakis Proposal with the owners of property within the Cypress-Beach Site (See Attachment), Today we held a meeting with Phil Zisakis, Frank Mola and Len Lichter to discuss the possibility of a cooperative development effort to insure the most beneficial development of the site. As a result of that meeting, Mr. Zisakis and Mr. Lichter have agreed to collecti�.-ly assess development opportunities for the overall site and identify a mutua'ly acceptable development plan. #14r. viola indicated that he would support them in their effort and would cooperate in establishing the mutual access and' reciprocal parking agreements needed to make the entire Charter Centre Project Area function mt,re efficiently and effectively. These expressions of cooperation come just three days after Mr. R>~tertson indicated to staff that he woull be willing tr' sell his parcel to the Redevelopment Agency as part ;.if a f'eveic,pment agree^zent. Such ? cooperative effort only needs Ctrs. Walker's participation ,., bring the entire site together. Staff contacted taus. Walker {:r,is pis' week , and at is hoped that she will be available to meet on the subject in the very, near f,rt�rre. In order to move forward immeliatel y with iJentif,ing options so that a development program can be expedited as much as posslble, the fc�llewing actions are proposed: I) During the next thirty to forty-five da'vs, Mr. Zisakis and Mr. Lichter will cooperate in assessing development options fw.r the overall Cypress-Beach Site. 2) At the end of the stated period, Mr. Zisak:is and Mr. Lichter will submit a development proposal to the Redevelopment Agency for consideration in the form of a disposition and development Agree- ment. 3) Redevelopment staff v,'Il pursue discussions with Mrs. Walker and her family and will ^btain appraisals of the properties within the site: 4) Redevelopment staff will prepare the :,opropriate Resolutions of Neccsssity and provide for the required public notice if Agency acquisition of a selected parcel or parcels is required or of benefit to the project and existing property owners. These fi resolutions will be cnnsidered' at the time the Disposition and a t M a r _ .. f ' Cypress-Beach Site May 7, 1984 Page Two ppvelopment Agreement is slated to be acted upon. RECOMMENDED ACTION: 1`. Authorize staff to obtain the necessary appraisals for which the Agency will be reimbursed under the terms of the Disposition and Devei`opmert Agreement. CWT/TT;I p • YrA4rft.ti AVE -. ri fu ti 0117 FV `J j� '� ii a l � l 1-�— �,'�4�t`; � r 4 �i.:�"� a.✓ r—. .r,^" � 1 r. r..+ F� t d fi 1 {�.( t� � 8n1,rh �M +-,�^,`y� •,�I,` :i i"rS r ��;�.,.,7lablef�v::.-_,. - f `T N . ,.. y }.—k • �t I, ..- .;:.• w'�u<'�R Res:) w��xF.e�cvm� �,� R��'sar✓ zrSAklS -1---,.. 4Yf'dESS S? REQUE% I' FOR CITY COUNCi. ACTION DateAugust 23, 1983 Submitted to Honorable Mayor and City Cour,:il Submitted by Charles Thtxrlasan, City Achninistrab Air Itc� �' - Prepared by. Paul E. Cook, Director of Public t,brv'A Subject. Parcel t,' p Nunber 80-563 - �Y CLR K Statement of Issue, Recommendation.Analysts, Funding Source, Alternative Actions,Attachments: STATU OF ISSUE: Gus Zisakis is requesting approval of Parcel Ma-o Nwb--r 80-563 to create 4 parcels front one e<isting lot. RECCMENDATM Approve the find' parcel map pursuant to the mandatory findings set forth by the City Council and instruct the Ciwy Clerk to affix her signature to the Tap and release the map to the Cownty for processing. ANALYSTS: Subdivider: Gus Zisakis, 1?204 Beach Boole��ard, HB 9264* Engineer: 8nv ral l Engineering, 18600 :gain Street #160,, fiB 92648 Location: NAI Pesch Bou€.xmrd and Cypress A enux# Parcels: 4 Acreage: 0.854 Zone: C444S AT^.LFLCELN3rNM Sectional District ;Sat Bou-ndary Map This map has bean e-,axined and certified by the City En Meer as baing substantially in eccordance faith the tentative rrap as filed, a-ended andapproved b,> the aAtrd of Zoning AAdjustuents.. PEC:HPC z i3c �T pro etB `'LANNiNG w SECTIONAL DISTRICT MAP 26 - 5 - 1 1 , 4i CITY Y OF �.. HUNTINGTON BEACH ORANGE COUINTY, CALIFORNIA USE OF PROPERTY A,9 P WARNEq AVE � k „ �., a ..,_-� � ', } k• r _r.. i S P i x. E 44t s rt. i _ _ x � 3 N a t n CF— _ 1 -31 i { i 7 h 0 QA �l< N 41 oC `� TR. 436 f'E Prl. ?[1of 9. : 'T' <rX r ., �7 4,5 I". C E L CE L ° t', ',2CE 0-115' ACES `` t�5' ACC � l•f'QV�` � r"/ ^ y° S37d, 437 4e' CY .ES EE AI ow r�1 is M,t O /s •';-�'�G'or4.oS dF aft NG� CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK March 3, 1981 First American Title Insurance and 114 E, 5th Santa Ana, CA. Pc: Pa-ce! Map 80-564 The City Council of the Ci t1 . • Hunt:'ngton Beach at its meeting held March 2, 1981 ; ap,'--ov+d Parcel Map 80-564, and authorized the release of sa e ,nap for processing by the County. After recording, please return a print of the Parcel Map to Bruce Crosby, Department of Public Works, P. 0. Box 190, Huntington Beach, California 92648. Alicia M. Wentworth City Clerk A,dWbt Enclosure yr /1Pry Received b .�—rl,. �.�-. �___. Dates (T0sphonv 714.1536-5227) REQUEoT FOR CITY COUNCIL ACTION Submitted by Paul E. Cook VV t— Department Public {Yorks Date Prepared February 19, 119 81 Backup Material Attached yes No Subject Parcel Map No 80-564 City Administrator's Comments ,,PppR -NrLD By CITY (;01;'4t:)u~s Approve as recommended. —19 f CITY&LE" Statement of issue, Recommendation, Anai,sis, Funding Source,Alternative Actions: Statement of Issue' Northridge Financial Plaza has request-d approval of Parcel Map No. 80-564 as provided for in the Subdivision Mar Act . Recommended Action: Approve the final parcel reap pursuant to th— randttclry findings sot forth by the Board of Zoning Adjustment: and instruct the City Clerk to affix her signature to the map and role e the trap to the County for processing. Anal iS Subdivider: Northridge financial Plaza , 11711 Ventira Blvd, Studio City, Engineer : Jennings-Fialderman-Hood, 540 N. Golden Circle Dr. , Suite III, Santa Ana. Location: �$/s Peach, S/o Taylor Parcels: 1 Acreage 1 . 14 4' Zone C4 This map has been examined and certified by the City Engineer as tieing' substantially in `accordance: tr; th the tentative map its filed, amended and approved by the Board of Zoning Adjustments. PE ,?CPC.lza R t3/76 r IR. SECTIONAL DISTRICT TRAP - 35 5 I I CITY OF 4fGEKD HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP r,T Y Yy�ya,t � H M ",SEAT t __..+ AVE ------------ 41- s M Fit tjl,.it(ttT��T TI y CF- x + r t CF e fM n k •� r � T,fy 11 fr Y _,,,;., 7 )I y . Lal 2:wAi'ti. AVE A y.I f lw 1 uuvw i + 'ur umAivuc+ J I A I t Ur UALII-UKNIA q,3o �`r.4YG aR A Nc[n/� Z3 SSG. 0 16 «,71GSu.✓G.�56 t��,, QC� �. 6tjt p -..ra as Norio uey se xy asp.sa ��9a3c�ccJ r k) ,� U f"v� oq U � % 0 6 4 �1p Z e 3�i29 DG Ol•E 307..59 .Yc"Y l'L'R 7 3 z9 Ye-4: _. pn�` ,•-�'�f1.r�d ✓ - Ate.t1LL7,-`2Y'.'3 G'. I#- '' i 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 8, '1982 Phil Zisakis 17204 Beach Boulevard Huntington Beach, CA. 92647 The City Council of the City of Huntington Beach at its regular meeting herd Tuesday, July 6,' 1982, granted your appeal to the Planning Commission's denial of Conditional Exception 82-02 -and Tentative Marcel hiap 82-556 with, condit*,ons. Please call the Development Services, Department for futher information 536-5271. Alicia M. Wentworth City Clerk AMW:CB:bt CC: Jim Palin, Development Services Director INTHE Superior CourtOFT STAZ'E OF Cr,.,tFORNTA In and for the County of Orange $k CI T y cb CITY OF HUNTIN6TON BEACH Pi;PROO OF PUBLICATION CITY COUNCIL NOTIC PUBLIC HEARING State of California sss, NOTICEOFPUBi C—Hk 4'G'_ CouritynfOrange l l APPEALTOTEEL EXPLANhV+G=; p. .. _.COMMMION3DENIALOPr:�' 'CONDMONACEMON l2-k'• A P R I L L. ELLIOTT TENTAMEPARCPZ MP L24% ^ NOTICE IS HEREBY GnFEh that a That I am and at all times herein mentioned wash 'iaen of Ew herui a 6ty'be beid,try,tt3 Cit. Cattail of the City of Huntiagton Eieerh,. the United States,over the age of twenty one tears,aria that I in the Coma_Chamber of the Ci ieCen- am not s arty i to.nor nterested in the above entitled matter, ter,Huntington Beath,at the hour oM.30 p '� P.ht,or as.00n thereafter n possible on i that I am the principal clerk of the printer of the Stooday,the 2I.t day of June,1982,for the purpose of c=asdert"g an appeal of H U N T I N G T O N BEACH I N D. REV. the dental of Conditional Exception 82- 02,a request to allow 1 reduction in the mtnimam Ict acre from 6,000 aq.ft to a newspaper of general rirculahnn,published in the 0o,of 4,+;)(1 aq.P end a reduetic"in tEe're- mred 50 ft of frontage to 35 ft.Tent.. H U N T I N G T O N BEACH ire Parcel Map$.' is n o w, is dude one(1)ewttttir lot into feu.(+) parcels. The auWa is located at the County of Orange and which newspaper is published for the Beach rat mroer°f C Lb es�A(Iiii ""d Beach Boulevard ln�the CA tHi}bray disemination of local news and intelligence of s general charat Commet"IhArict) A legal amcription ter.and which newspaper at all Limes herein mentioned had u on rile in the Department of Develop- and still has a bona fide subscription list of paying subsenbers. tneniServLesoffice o P p g All mterre:ed persona are invited to and which newspaper has been established, printed and pub- attend fsld benAng.ud rzprew their lashed at regular intervals in 0- said County of Orange fora opinion.forot,aeInatnaidupp-L„= �I. Furthri iatormatkn may be obtamud period exceeding one yesi at the notice, of wh.rh the fmm the Office of the City Clerk,°.Ot?3 annexed is a printed copy,baa been published in the r.?giilar Stain Strret.Huntington Bestb,Califon- .and entire issue of said newspaper.and not m aIty supplement at&9260-(7+7)55&5227. DATED-.June 7.1982'- thereof„on the fallowing dates.La wit. CITY OF HUNTNMN sBEACH '' , " B y.Altcie M.Wentarorth r sty Clark Pub June 10.1M2 J U N E 10 r 1982 Hnni Be.nh and R(;.x iD731 I certify for declarel under penalty of per;ury that the foreg<, ing is true and correct, Datedat... —Garden Grove California,this 1, t day of June,, Une.,3 Td • s :signature. r' ,i Publish- June 10, 1982 MOTILE OF PU81-IC HEARING APPEAL 10 THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL EXCEPTION 82-02JTENTATIVE PARCEL 14AP 82.556 NOTICE 15 HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Btach, at the hour of 7:30 P.N. , or as soon thereafter as possible on Mond y _ the 21st day of June , 19 82 for the purpose of considering an appeal of the denial of Conditional Exception 82-02, a request to allow a reduction in the minimum lot area from 6,000 sq. ft, to 3,900 si- ft. and a reduction in the required 60 ft. of frontage to 38 ft. Tentative Parcel Map I12-556 is a request to divide one (1) e isting lot into foul- (4) parcels. The subject property is located at the northwest corner of Cypreas Avenue and Beach Boulevard in the C4 (highway Commercial District), A legal descrip-ion is on file in the Department , of Develop>rient Serr ces Office. All interested persons ar•c invited to attend said i:earing and express their G, inions 'for or against said appeal _ Further information may be, obtained from t'~& Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED _.���q�. �I�_� CITY OF HUNTINGTON BEACH By; Alicia M. 'Wentworth City Clerk NOTICE TO C'LERY TO SCULDUIX PUBLIC HEARING TO. CITY CLERX'S -OFFICE DATE: E-7 FROM NiT-�� QC PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL. NOTICE FOR THE DAY OF KZ)Qt e� r 1916y AP's are attached AP's will follow No AP's Init-.at,ed by: Planning Commission Planning Department Petition * Appeal Other Adoption of Environmental Status (x) Y' S NO Refer to Planning Department Extension for ad4itionzal information. if appeal please transmit exact wording to be requited in the legal, , Plul Zisakis 1G7-324-09 17204 Beach Blvd CE 982-02 &-dfa Corporation Huntington Beach, Calif Mzrch 30, 1982 Gill) c/oAlildred Yin 92647 19702 Ditr:kar Lang: Huntington Beach, Calif 92G.` 111-384-03 111-384-18 167-324-10 Katella Realty Leonard E Lichter C-p._.nerel Baptist Church of 1741 W. ,Katel.la Avenue 17111 Beach Blvd °212 Oceanvi ow 'Anaheim, Calif Huntington Beach, Calif c/o D L Dickey 92804 92647 17101 A Street 111-384-08 165-283-01 Suntington mach, Calif Geneva Walker `1bm L Otto et al 92647 17122 S Elm -Street 9092 Talbert Ave 09 Huntington Beach, Calif Fountain valley; Calif 92647 92.708 111-384-11 165-283-02 167-324-11 Marcelino w Jizon Warner Beach Co,., Inc P.O. Box 136 4400 W Vbstni.nster Ave Lake 1lrivu;nead, Calif Santa Ana, Calif 92352 92703 111-384-11 165-283-04 167-325-15 Huntington Beach CaTpany Donald P' Junes California First Bank 21.10 Main Street 17931 Beach Blvd. Site Location Divisim Huntington Beach, Calif Huntington Beach, Calif P.O. W)x 1311 92648 92647 San Dier_,o, Calif 92112 111-384-12 165-283-05 167-325-17 Patsy A Lilly A R Evans Betty S King 7931 Cypress Avenue c/o Iq E Fisher c/o Taco Bell ;n283 Huntington Beach, Calif 101 :shore Cliff Drive 1011 Sterimns To%-,sr Sout,i 92647 Corona Dal Mar, Calif 92625 Dallas Texas 7520'7 1.11-384-14 165-283-06" Gerald: Robertson Ruben J Alvarez 15431 Vermont Street 17162 Elm Street F--Ibstminst-r, Calif Huntington Beach, Calif 92683 92647 111-384-15 165-283-07 Philip Zisakis Daraka D Gi.atMe 16351'Tufts Lane 17172 Elm Street Huntington Beach, Calif Huntin.,`fin Beach, Calif 92647 92647 111-3II4-16 165-283-08 ai-`rcn Lin jludelia L Duarte 6821 Scenic Bay Lane 17190 Elm Street Huntington Beach, Calif" Huntington Beach, Calif 9260 92647 t ih'THE. Superior Court ceTrtE STATE QF-AL FOR141a In sad for the County or Orange CITY OF HUNTINGTON BEACHi ;ROOF OFPUBLICATION PLANNIN' NOTICE OF PUBLIC HEAR'I'NG '. � . R_ ';�' - v Stnteoft hfornia ) r`ountyafG:nnet )5'' c�..1LNanCZ r--nmA2tunucIm"NG .IEAN`:IF L. THOMAS rtur�.r°rm a risu I{ Wbtt;ancx is HMEBr URN trut k f c�Et rl tnr nt ri11 h.'d,by th.City T)-,it I am and at all time;here,n met-tiutted wtui a k itiren of _ Qom Of th. City tt the i,)ni.ed Sates,u) er the age of twenty--i e years,nn, '.,at I Hp�siroytwtn.ttoa 9e.ch. CM-*&,for t5.. not a party to,nor interested in the above entitled matter, Fsc.w)oo t;Q,�"°�'q a-I.,00.l im �. tiat i ara the pririapr l cleric of Litt,printer or the .n,' cttoa I.tbr�'ina+'ta}zt....fo= Wn m t}A r q-r d 60.1L of Goot.;a to 38 rt.T-tstiw Pond)-is. 2-W t.t'f�• HUNTINGT'flN BEACH IND, PEV£EH qv-ttodind.ow(t). urwkktga a newspaper or generat cirruiation,ptibl sited the' f (oar tt)parwl..Tb._bpn pm p`cty totawd at%& )N%h—st tc.(of Cy .od B"A P.otlr+ard.in sS. t" C7 fNVfi►'�Y Cam x'4j t)ia "I' A HUNTING—ION LEACH Lr�dwnpitno::cn uD.part- tvsaSof Drrtotcorct Ovk.aotflo.. f 0writy of Grange anti which newspaper is pttblablwt fitr tKe �d bt rta;:2 b.t w.t u.t:au .lrxe rnrttatu)n orlucal nrwa anti totelhget,ir of it t ct.er.ii(inane of Im PJJ,c. Wr­sr tgg��,m C).1), r; ter, and which newspaper at all times herein rtaewwried hied C.,,,d Ch.mbw.&M14 ttrb. ­c, Ca W' MW Mu su..l.. Huattritm and;stall has a hunn title suh4vriptinn fiat of pas rg sriiitr%lo ro, B_i%CablorWL and which newspaper ha*teen"t ihl,�bcd. prt:wt iont pal, klt).!.rested pwww ut toviud�' itehe at re.ulaz intervats in the 4iod Ct unty of t tr a a fur xr tz.od for>� c 0d �� x� r w fu •veto•• sr par:,xi exceeding one year, shot: the ratite, ar` wrr.;h the uditiv,a) P-+a et .otrtin annexe ri p tirint,d copy.has been published in the reg,r+r P"`°!u'pl ' orm.tino tr_.y b.obta.nd. .. nrtbar rtr.»t.. atilt entire r yres..sr saati nex,t;apes,atvti not ra)ar,1 sxti.t)ten.c�.' traa tt4uty Ps.nau:t[�.w thrreof.an the fo➢towir.,g Jwxs,to,qt. r. ,��N&o1?i DATED is*(fit d. t Roy,iVi. t rY P1 ArI GDafbrlPr^rti By IkWtS W,PA.IJN,Sw_iwy fd A Y St `)A 2 r 1 u.r tta�2 1 co,tity(ur Jecl.")uncict penalty of per)ttry that tat t,,regt+ iog 6 true told correct. 17rur{iris...- G;ARDEN..rROVI=. Oahf,)rnia,thi&0th. •#ayzf ..MaX:._t9,32 Signature .sr Publish June 10, 1982 NOTICE OF PUBLI( HEARIN G APPEAL TO THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL, EXCEPTION 82-02/TENTATIVE PARCEL MAP d?-556 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M., or as soon thereafter as pc ;ible on -Monday the 21st day of ` Jure A 82. for the purpose of considering an appeal of the d nial of Conditional Exception 82-02, a request to allow a reduction in the minimum lot area from 6,000 sq. ft. to 3,900 sq. ft,, and a reduction in the required 60 ft. of frontage to 38 ft. Tentative Parcel Map 82-556 is a request to divide one (1 ) existing lot into four (4) parcels. The subject property is located,at the northwest corner of Cypress Avenue and Beach Boilevard' in the C4 (Highway Commercial District), A legal description is on file. in the Department of Development Services Office. All interested persons are invited to attend said hearing and express their opinions for or against said appeal Further information may be obtained, fron, the Office of the City Clerk, 2000 plain Street, Huntington Beach, California. 92648 (714) 536-5227 DATED CITY OF WNT I NGTON BEACH By: Alicia M. Wentworth City Clerk CITY OF HU TIN TON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 24, 1982 Phil Zisahis 17204 Beach Boulevard Huntington Beach', C11. 9260 s The City Council of the City of Huntington beach at its regular meeting held Monday, Juno 21,, 1982 tabled' the matter of your appeal to the Council Meeting on Tuesday, July 6, 1982. The Council meeting begins at 7:30 P. M. if you have any questions, please can't-act the Director of Development Se-vices - 536-5271 . Alicia M. Wentworth City Clerk AMWbt Y R'EQUES FOR CITY COUNCIL ACTION Date June 10, 1982 Submitted to: Honorable Mayor anc, City Council /� Submitted by: Charles W. Thompson, City Adrainistrato4 Preoarcd by: James W. Palin, Director of Development Services �Q Subject: APPEAL OF TENTATIVE PARCEL MAP 80-563 AND CONDITIONAL EXCEPTION '8 2-0 2 Statement of Issue. Recommendation, Analysis, i unding Source,Alternative Actions, Attachments: CC--- STATEMENT OF ISSUE: Transmitted for the City Council's consideration is an appaal of the Planning Commission's denial of Tentative Parcel Map 8Q-563 and Condi- tional "Exception 82-02. Tentative Parcel trap 80-563 in conjunction ` with Conditional Exception 82--0 is a request to allots the division of one existing legal lot into four parcels, three of which would be substandard in street frontage any: in the required square footage. RECOMMENDATION: Planning Commission. The Plann=ny Commission's recommendation is for the City Council to uphold the denial of Tentative Parcel Map 80-563 and Conditional Exception 82-02 with findirgs. Staff: The Department of Development Services as commending that 4he City Council refer these pplications hack to .e Planning Commis- sion for consideration of information submitted subsequent to the Commission's meeting and a report back to 0;)uncil . ANAL z S I S i Applicant: Phis. Zisaki 111204 E::ach Boulevard Huntington Beach, Cn 92647 Appellant- Same_ Request: To permit the creatici of .faur parcels from one existing lot and to allcw a redvrt_,on 'in frontage: and minimum lot area Location: Subject property is located at the northwest corner of Cypret�, Avenue and Beach iouelvvard. Planning Commission Aeti._.n of May18, 1982: ON MOTIt)N 'BY PORTER AND SECOND BY SCHUMACHER TENTAT LVE PARCEL MAP NG_ 80-563 AND CONDITIONAL EXCEPTION NO. 82-02 WEF . DENIED WITH REASOVS FOR DENIAL, 'BY THE FOLLOWING VOTE: A TPM' 60-563/CE 82-02 Jane 10, 1982 Page 2 AYES: Higgins, Paone Winchell Porter Schumacher g7 , NOES: Livengood, Mahaffey ABSENT: None ABSTAIN: None REASONS FOR DENIAL: 1. The Commission did not want to legalize existing illegal parcels which would establish l )t frontage on Beach Boulevard with less than 60 feet of frontage. if this were approved, it would encour- age access for each pa.,uel. 2. Alternative solutions to the division of land that would reduce long-range proble.ns could be found. DISCUSSION: Tentative Parcel Map 80-563 isa request to subdivide a .85 acre lot into four parcels. This .85 acre lot is the result of recordation of Tract 436 and is all of Lot. 4, Block A. The Four parcels depicted in the tentative parcel map are existing,and Yave .been existing for a number of years. However, they are only e,,:isting as a result of earlier sales and were never recorded as Legal parcels. Therefore, prior to the City issuing any type of entitlement or hermit for new development of any one of the four parcels a parcel map must be approved and re- corded with the County Recorder to legalize these now-existing illegal parcels. In conjunction w�.th Tentative Parcel Map 80-563, Conditional Exception No. 82-02 has been filed. This conditional exception is to allow for a reduction in the minimum lot size and frontage for all of the par- cel ', involved in this parcel. map. Loth sander the C4, Highway Commer- cial, zoning and the R2, Medium Density Residential District, iainimum lot arF3 is 6, 000 square feet with a minimum frontage of 60 feet. After reviewing the information presented to the Planning Commission at its May 18, 1982 meeting, the Planning Commission voiced major concern regarding the number cf curb cuts along ' „-ch Bot!ievard i; the subject map and conditional exception are a; proves.,, By allowing the 48 feet of frontage for the two parcels cr(;nting onto Beach Boulevard, each parcel could possibly request a curb cut for access from Beach Boulevard. The Property owner of Parcel 4 has indicated that his access would be obtained from Cypress Street and not from. Beach Boulevard. The Planning Co,-imission was still concerned, about the parcel identi- fied as Parcel 1. The Commission requested that the owner of Parcel 4 contact the owner of Parcel l anci see if some type of access agreement or some ether solution could be reached whic. i would reduce the number ref access points onto Leach Boulevard. The applicant indicated to the Planning Commissloti that Fie had discussed this matter with the owner of parcel 1 and received a neg•at.;ve response from the property owner'- TPM 80-563fCE 82-02 , June 10, 19:82 Page 3 Subsequent to the Planning Commission' s denial of these applications, the applicant has provided the City with preliminary information on the title, which indicates to the staff that Parcel l may al,x.eady be legally separated from parcels 2, 3, and 4 . In addition, the applicant is researching further the dates of sales of Parcels 2, 3, and 4 . There- fore. the staff is recommending that the Council refer this matter back to the Planning Commission with new information presented by the applicant and have a report submitted back to the City Council From the Comrni ss ion. ENVIRONMENTAL STATUS Pursuant to the provisions of the California Environmental Quality Act, a division of land of Four or fewer parcels which are located within an urbanized area and are provided ::services by the local agency is categorically exempt. FUNDING SOURCE: Not applicable ALTERNATIVE ACTIONS 1. The City Council may consider upholding the Plannirg Commission' s denial of Tentative Parcel Map No. 80-563 and Conditional Excep- tion No. 82-02, which would perpetuate the illeual status of the existing parcels and require an alternative solution in order to resolve this status . 2. Overturn the Planning Co*ranzssion' s denial of Tentative Parcel Maly 84-563, and Conditional Exception 82-G2 without further _investiga- tion as tc the dates of creation on the parcels, which would allow the applicant the ability to record i final snap and legalize the four existing parceis. SUPPORTING INFORd�LATION. 1. Letter of Appeal, received and dated May 21 , 1982 2. Planning Commission staff report dated May 18, 1982 3. Planning Commission minutes of may 18, 1982 4. Tentative Parcel Map JWP SMB.df ;q Au E WARNER i=d R 0 R C Ms �— � 5uj Tco � ' C F_ L7_ Q7 o MERSEILLE 0 4 ' m VA LEivC}A R�j l F F�RtESLANO ---"�"^t-- GUILDERS � DP, - HS,n�f,t[1v-6UC�f t_s N PIAPdH:PdG Utvi$iON y CITY CLERY, rZi 7 '7 c 2 CITY OF 'INGTOH BEE"CII,C,l:IF, r4�-r 1 MAY 27 11 To tl;e Mayor and City Council of Huntington Beach: I would like to appeal the Planning Comnission de ision on condition exception #82-02 (TPD1-80-563) and t..:native parcel map C10-563 (CE82-02) . `Phese parcels have existed and split the north half and south half since- April of 1943 and have been on the Assesors reap and separately taxed. I took out a mortgage can my house to rulIf ill a dream of having my c%am busiress on my am property. I have been in the Glass business in Huntington Beach. since 1971 and have grc Fdn with my ci ty since. I have had this property on Beach Blvd_ ears and have been trying to yet the other prcalasrty a,�mers to sign a tv- in on all parcels and I finally got the authority to do so at ao cast to them. I told then that I would bear all cast of this filing so that the could legalize these pare, is to the City requirement_. When I bought W parcel, which had a house on it, t was rented and I had it vacated with the intention of building. In the reantima ,after one problem after another the house has sat enpty and h-is been vandalized and, destroyed. I have tryed to keep it boarders up and closed but to no avail, it keep-9 getting brr*en into and I have pri_rn to comply with the Fire Departments re,;:iest and it has been a real hard- ship do so. I have spent large sums of money in tryi:-q to legalize t?.o parcel maps filing and building plans and the cost of purchasing the property and the property taxes and the building costs have gone up considlerably in the past t,xt.a years and has created a real hardship f tnancially, Therefore I appc:al to yr ri to please reconsider the planning commissions decision of denial on this p'arcel inap and condition exception, that thrt r1anning ccmission has rend red. Very truly Yours, Phil. Zxsaki.s I �` cP, , . huntington beach deve(opimu,it services department T5T w U,- In T� TO: Pla'lnintj l:tmniss3.oi FI ONI Deve' It Services DATE May 18, 198 Ct:'tic7l''Z0'NAL rX C F,rPTI("N Zi, 82-02/TENTATIVI, PARC'i:L 80-563 APPLICANT: 4r,+.a1i et al . DA-11'. #'?t:'CU.E:D: r 926y t4av 1982 Ex��t�eh, CA { , E'':CSItvI EE2: E1 1E',T: i ! E?f' «,. )ili . a6 Wt E'E''r ': CiNG ' ATE— 8600 .'Train .,t 160 ' v E� ���«;. Site �-a: r?,x. i P c e 1 s , at: Chq t.ypres.> 1.' k It �E and Beach 7 .tt:x 1f�stC.<?;ctttaj AC'mLAGE 1 .0 SUGGESTED w I : ta'f f is x LG'#kt "S, 11t1 .I''a ;,hark the k)i.annin l k 1.3.JC' E`aX'C:G?1 !'a'Eclt9 in, ?ultctr..Y.C:. Cti1#.E« ,.o. 82-02 with iit:L'i P..+ 3I3t� ct:�n;;it ions. 2.0 G H.:L RAj L' 7. t#.tI.ve € a1.'.c'uJ4. E F '_) a:.; 3 rCf()1..E. j ': lot into t:011 .:c.s. �The 5;;.R7Ia. :I.Ta3t.It.,I C:D. 't.hos3 z four r c.c I's ?'av0, Eaoon 5t:irt.i foI a numbc-r f v a r r i ho rc�guLL of I;r'adi%'ia'zaj sales ".� v+c!'l-h s)ar:cK l of lam.. f'(,n iit 1CJnal +zxcept:'.ion &S2_02 iS a l E7C'jue# ar_ to the t"'educt i.°_n in the rC'Cji.i ed m,2.:':,:mvm front~ ,�,e: and a rvd ict�;,n in the minimum rc.',ufired square; 1"oota f CE 82 02/'IIIM 80-56 1 May 18, 1981 ige 2 for three o; the r d,ir parcels. 3.0 SUM:-jARI' 01 I UE The mna jor issues of rt•ncen-n Cc rOa t,iE}n. ? 1,.-:c epl.-C'n NO. S 2-02 is whether or not the applicant has a hardship which car, justifX the granting of a conditional rip tirtTl in order to allo%, �d re:luction in the mini- mum Tot size and ;ront,: .ir for Tentat _ve Parcel :,Iap 80-563. 4 .0 ENVIRCINItI:;`TAL ; TATI Pursuant to the pr visi(�ns .'.t the Callft)rn1a Environmental Quality Act, a division or .Land of i.o r or fewer parcQls which are located within an i2T.'l.ani zcd abed: Wahl Fire provided : ' :`. . EtS by the local' agencies, is catE -urical ly r_ tempt... 5.0 SUR2RC UND-1NIG, GENEWL I'L:A'N, .:rvi.NG, LAND UIZE., The subject property Is located or, the, n,-rth side= ,}- Cypress Street between Bedell BcuJ(r.far,l an,. 'Fin, rt y `E";: . The rear 1.90 feet of `che pr,,)- perty is zoned R2, me d ,n? ;i=_:risi r . ..4.. ?r•n'v a l wL? I i.e the s ront hall of the property 1:., zso„ta.l t. s-M,';, ..x Ih%,:^;i t r:i37'.£''T 3x - T`ult°.-story. These properties arf-- }..-, Plan rf th medium den- l^� city residential fit* the-, rear pc.rtit:+ i,.t 4:'.S C:T;Ii t. T'.: rciiil on: the front portion. Ti-,e rr , .iTiCj cin=d tJE, ct2`a c:Cil:il.s" a .. tent. Par,-cl , cti{.i rt, t3,F j, 7 :3..L _: : r:s'1 yr c' press Street and Beach Boulevard, is <7t?ve1-cp.E_"= Witf; two L71.1;1t.i. l.:it.t'.t , abandoned structures. Parcel --i2, If:c"ate-l* ?`: d ho corner t'a' Elm ,Street and Cypress, 1.s Clevel oj,t=d w th i multi-f-.xr--ily r#;s irl nt<i :il unit. Parcel ^a, also: fron'tina on Cyp�,..esq S.tz e 0t, i... �3e.,�•kxl with a :Multi-family t residential unit t u" F k : ', Elm, Strt't ' s de:=eloped,'ZIT' ;E � 1 , .tF'iT1t T -, with an existin't is located relatively close Pl; `t r,e t an:: tlJE .rema in.,n, t.'ort ion of the 'lot is vacant of develop-+iiont. Property located to the J()rth ,,f is zoned C4 ailrmvg the front portion, alonq ['eac i B-,.".i'`.t:4.'aI'd am { d If?s7C?o;lt.tc3i , 1t ?11 the back portion. Tlie E-,en#:.'ral 1'1,;in 1s also Y'G"f.Co t.:.i',*e of the existing f ,"'n 1rµ::^.lsf %,Oft ttiyr, Of the -op erty i.s develGkwf'O with a [`t"?T'e3- Il ,`ial.+ l 4l 4 whi c tho. rc-m]i.T:imj portion, to the rear, is di' t ` ws �.qo pt .' ti rii s dent aJ unit. Properties l.KJcateel to tp.e t`a?it ii'i':t s Fe lc'.h 1vCJul---sxtiird, an'd .South, across CypA,ess StLee , aro :toned, .or C4 , desi4n ted on the General s`slei,n as ?TaC.T a31 1.,'3 ,%i?'i. <3l , ami developed with C:E7!'it'e vial uses. . Prc:spier tivss lt"'oate to `:p+t.:' s-3uthweeit an -I we s3.. of the sub- ject -site are zoned R2, t:lcsiyyjnatt,:,O S"dT1 the «aE"ertc,.al Plan cis medium density 7 egidential ani -' -3evel pee with mul.ti.-.;am ly lesidenti<al r ,,its. ,ma` s 6.0 ANALYSIS; Tentative. Parcel Map 8 -63 is a to subdivide a' .85 acre 'lot C E 82-02,j ITT M BO-563 P atle 3 into four parcels. This _85 nacre lot is ra result -,f recordation of Tract 436 and is all of Lot 4, Block A. The four parcels depicted in Tentative Map 80-563 are existing and have been existing for a number of y-ar.s. However, they are only e'xis t~.incr as the result of earlier sales alai., were never recorded as legal parcels, 'Therefore, prior to the City of Huntington reach .ssuing any type of entitlement or p,,�rr==Tits for devo'opment on any one o£ the four parcels a parcel _ , map ,.vt ::T' a., ro�=e..l c.*]rt I.ea'CCxrCt+i'. w1.:.,h' the County Rect?rCler, t0 le- the';#. o now -_.,;i stincj iller;dal par`�els. III In conjunction with Tenf;ati,e T arced Map 80-563 , Conditional I;xcoption 82-02 has been filed. This cone- tional exception is, to alloy, for a reduction in the irixn,imum lot size and frontage for all of the parcels invol-:cad in this parcel :nap. Both un,dler the C 4 , ,iinh*,way coiro-lercial zone and ""tie R2, medium density resilential district minimum loll- area is 6,000 s Iuare 5-et with minimum. lot frontaM e of 60 feer- Farcel 1-1 cf the proposed paree.t map I-as approximately 18, 5100 square feet of area :which exceeds both the R. " and s 4 indnimum I t requirement. How- ever, frontage on both Elm Stroet .an(*I/.,r reach Boulevard Is only 48 feet. The minimum requirement is 60 reet. Parcels ;:L and r3 have approximately 5,740 square feet each which - ;. some 300 square feet short of the 6,000 `'quire foot m n mj + li"'t eare.a. a aircel 44 „as ap- proximately 3,400 s Iuare ft<ot of land Paz, ua whJicli is approximately 600 scurzre feet short of the mirimurrt re?uir£?71°ent*s. Pc"1Tcel 42 and #4 having- frontage on f;lrr Street and Ye>ac , I�(sine : ar 3 respectively, only, have 48 feet of frontage,- prior to, €. ,,,dica W.i n, and will ha,-e app.-Oxi- mately 41 feet of f ronta'-;e after Thla a ' S 19 feet short of the 60 foot minimurn fronta:,e requirement. The aaplIcant has jtlstif e:l his request for a conditional e :ception to allow, the reductAor, :.n lot Size by inji,:7at:Snq that the confia.urF— Lion of the four parcels comp rising '.eI:t<aa zve €'arcel Map 80-563 have existed for at 3E'c?S ten c=ears. Woun`sy roc crds indicate that the ? iiajority of the parf�e is have been c*x istinq in their }:rusent configu- ration since this oaI ly 1960 s. The a pli an,w. has ,a' so indicated that the approval C)t Tt'ncatl'.'e ra:cel ;dap t 0-563 will not chance the confi,iuration of the va c,-el i ;as they are existing, but will legalize each of the parcels in its prt!sent Since each of the is presently --wnol. by separate own-rs', the staff eels that the al,q`tov,a of tha-s a:.s�r.� l miap in conjunction with the 4,-kL,r dition.al exl'.'opt .--in wil,1 r+ solve the and will f:«liminc`at3 � th 5.;.'t'�l for the? City' to l+Yit with the _ .at',�; jt a ['.t:'.ILiftcato cif Non- t: oml::B :anc%t 1t.IC'ikt:I P}'I23't 1a!:' iiE"�i11 y ai.:* of tune s" `: t I' tlartwt'1� It Shoi.,i tjc ne"a.:cA t.h:at, at: �s4.t.a. 3-mpr%ry e me11tS tt'I s not: bo required ;It t:hYs time, but will be rtquired at the tin,,, each individ-ual parcel is im- proved. The property cvner of Parcel i has indicated to the staff that he will be preparing drawings- or the development of this parcel, at whach time he will be: required to install 'ali offsite improvements. Based or, tha above information: and the fact that the approval and, recordatio;n o � a parr~el map will legalize what are presently four CI: 8 2-02/`PM, 80 -May 18, 1982 Page '4 illegal parcel._ o,, land, the staff is recommending that the Panning Commission approve C.E. 82-02 and TPT, 80-553 . 7-0 REC01,4MENDATION': The -staff- is recommending that the Planning Commission approve, Condi- tional Lxception No. 82-02 and Tentative Parcel Map No. 80-563 with findings and cond.i,tions as outlined: FINDINGS - CONDITIONAL FXCLPTION NO. 62-02 1. Lased on the fact that the subject property was prr�Fio.,slx divided into four parcels throiz.,h sales of the individual por- tions and that each parcel of lard has been developed with perman- ent uses, there are exceptional circumstances that apply to bath the lend configuration and buildinri location which do not apply generally to the properties o. use's in the gone?ral vicinity. 2. Since there are four separate o-�;ners and inOivirival deaelopiner.t of the subject property, the g.-antinq of , his conditional =excep- tion in conjurc"_ion with a tentative parcel Trap is necessary for the preservation and enjoyment of substantial property rights. 3. The grantinc; ~f this o-onc i.tik na! excep*:ic:,,n will nr-t h2, materially detri-montal t° t•h+: public hea' th, s dfety, of the neighborhood or y f thc. City ... oneral , insc„ r a,-, k�ac h p;larcel is existing in its present con fl,juration 1. Y own?rsra p::rld development. FINDINsS - TENTATIVE PAJhC'FL IKA 80-56 1 . The proposed subdivision of this .85 w,i re parcel ut land, zoned C4 and R2 is in substantial with the. t'.ity's Gen,�!ral' Plan for this area 2. The General Plan has set. forth S,Ytr'11 it' ::5 t..a?Y i l S wy�t. t?� ld:VI I1Se c1S well as sc?t tin;? forth """;coo t;3.'v'es, r- r the imrlE:'fT.enta3Lion of this Type of use, 3. With the use of a conditional e xcerp t xcn, tho size, lf,?pth, frontage, street widths, and �~+t;hrr os,._n and 3.mp ^rt ei,,,-,nt fi?=1i:i'rris of the proposed subdi°visi�)n :ir!: } IC7C'°a`Sk'C t: he con sC..uct(;',! in cf.) tpl,iarcc with staneard plans e?n,l sp ocki:icat_, ns r n f i l k.3 with the rCity, as well as in >;.cm,-".Iit'#?`!c("' 'lth fih,4: State hiay Act and S:Ipp, 10 e_tal City subdivision erdir. nce. c13t�(lt S'T'2^i7 CONDI p r*ON . C fp; M­IIRU)l'At:t 1. The tentative parcel map roceived and dated may f, 1982 shall bo the approved lay'cDW . Tho ct~reet section along Cyt^ross Street shall be redesignateel to lest a 30--foot de,:Iic^at;ior* on the cen3:erY. 2. A Pa£- el ,dap shall be filed with and approved by the oep<artment o£ Pnblz .: Works and recorded witb the Orange County :Recorder. CE 82-02/Tt" '0-563 a May 10, 1982 Page S 0. Compliance with all City ordinances_ 4 . A copy of the recorded parcel mats shall be filed with the Department of Development Services. ATTACHMENTS 1 . Area Map Tentative: Parcel A:ap ,receive. and d<.; ,&d May 7, 1y82 JW :SMB:df J r Minutes, H.B. Planning Commission May 18, 1982 Page 9 ABSENT: None ABSTAIN: Noiie CONDITIONAL EXCEPTION NO. 82-02,1'TENTATIVE PARC'F` 13AP NO. 80-563 Applicant: Phil Zisakis, et. al. A request to permit a reduction in lot frontage and site area; and to legally create fount parcels from one existing lot, .85 acres in size, located at the northwest corner of Cypress Avenue and Beach Boulevard. The configuration of these four parcels have beef. exist- ing for a number of gears as the result of individual sales of each parcel of land. Staff recommended approval. Mr. Bellavia called atten,�ion to the memo From Don Noble, Public Works Department, regarding the street width along Cypress Avenue. The public hearing was opened. Phil uisakis, the app3icant, asked, that the application be approved. The public nearing was closed. .A MOTION WAS MADE BY HIGGINS A"TD SECONDED BY LIVENGOOD TO APPROVE TENTATIVE PARCEL MAP 80--563 AND CONDITIONAL EXCEPTION 82-02 WITH FINDINGS AND CONDITIONS AS OU rLINED BY STAFF. THIS MOTION FAILED BY THE FOLLOWING J17tTE AYES- Mahaffey, Higgins, Livencoce NOES. Paone, Winchell, Porter, S :umacher ,ABSENT:: Nonl: ABSTAIN: None Commissioner Mahaffey stated tha:~ lie cculd nfat -upport a motion to deny this application. ON MOTION BY PORTER AND S.°CONE, BY .;CHUMAt<HER TENTATIVE PARCEL MAP 80-563 AND CONDITIONAL EXCEPTION 82-02 WERF t)ENIED WITH REASONS FOR DENIAL, BY THE FOLLOWING VOTE: REASONS FOR DENIAL: (TPM 80-563 & CE 82-02 1 The Commission, did not want to leq line existing illegal parcels which would establish lots fronting on Beach Boulevard with less than 60 f et of fronta,,3e. :f this were proved, it would encour- age access for each parcel. 2. Alternative s ititi:ons to tho Division of Land that would reduce long-range problems, could be found. AYES: Higgins, Paone, Winchell., Porter, Schumacher NOES: Livengood, Mahaffey -9- y i, A os.41sE:5 c.NTATIVE PARCEL elf-% P 80-563 tN THE CITY OF HUNTINGTON 6EAGN,ORANGE C0JNTY,CALI.F newF.n xaantrl3(6h"as tar�,dttrf n.of 24lere jet, rn+<4'sere.rgf'elze.wt.�trtt.•rnrwfcccrrRa�t ease m M6E Gd aY e;PSCftInNEcWS re..�t,.!ftra'1n5 Plr£c5 :-e'.14'YS GC V.i w!lGA'f't w'fC1[Ct.rYaG°C'.trM' IT„(nG.1 iIt(Y i - tl `=1 v't`LA:W�:.! t+t1l YtJrr Tt+.'traa''`..'r 34�,j'^h w.>'.�•. a.4 Jy�T,�..^.•*fv«f S'4'LY la.. �.. ^ -r f rre e T rl -tar ra'.xr,= er olej xS r "r4,4 er TD tES rEUY'a( f�fv t r Y"� ;une✓e riot.ae .x...,<•,"p r r•r{SJr�(,Ytp'ftV`a,iG rNr �L ___.,,. ' ".fLEr a-'.�'-IbY:NfuTS'WNKXFa*'St l"E:�•t'fP : V r 4 AM 4?Ce t- A trcenrr a - Yr.rrtt tr <' a S f y a to � M' �}-'`---r-•.='"-'� P t lY> 1 I v w i Y'75) ,`�•,, rl€ L..kI '"----r •..,"'T."""..T.'_r- 'G�' 111� `i tAtAt.'ttSxt 2icr C"Al*tt.DATL._..,..,...:- y'�. .rn,eDY.a. tlhw"crca {bath fee�.r r si. a t.;°" t x"z APas K a L',vl ItIj KfuZtt ltaYl,Arxt A,far,,; lsa iq 112 CITY OF HUNTINGTON BEACH 2CM MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 8, 1982 Phil Zi saki's 17204 "Beach Boulevard Huntington Beach, CA. 92647 The City Council of the City of Huntington Beach at its regular meeting held Tuesday, Juiy 6, 1982, granted your appeal to the Planning Commissiun's denial of Conditional Exception 82-C2< and Tentative Parcel Map 82-556 with conditions. Please call the Development Services Department for father information 586-5271. Alicia M. Wentworth City Clerk AMW:CB:ot CC: Jim Palin, Developnent Services Director (Tsityl+s !714153"2271 IN THE OFTHE STATE RMA In and for the County Orange YEy 'Y CIT !1 G CITY OF HUNTINGTON BEACH 11100 QFPUBLICATION CITY ,COUNCIL NOTIC PUBLIC HEARING State of(`altfornaa i County of C�'nnge Isa. ' 1l£+YE6LT0 fii ?L'tA4tiyG ;; iYtMM.'S�VOH'GDEhL6f.DF', ,' ' `OO:VDiYto'tBL'PsvC7T1]OSi N"3t. A P R I L L. ELLIOTT tFsyssrarsen�a�?�xsx' taori�e rs ffrx�Y vf��:tom. 'I~}wt I am and at all times herein rnenot.ned wa,a citizen„t pubic Um ink saiIlthtt}1ii Gety'. C�ntif s>f ibe City of Hw+tiaFtna Hest the vnited st"ttea.over the age of twenty one veam and that.I in ale council Mamber002icivicCe-•" am not a party W.nor interested in the alxrve entitled matter. ur FtuntlagluaAesci�'wttirGlaua:.bt9 Q; ` �P,M.;'o:n+aoo¢t�esfta¢m gcm,"L&uir that I am the principal clerk tit the printer„f the MobdiY,,•tbe 3ttt d y ofdune;.am for s ,the purga.°a;of [sa"e 4$ HUNTINGTON BEACH J.ND. REV. chEdeasd�tCaaankadSsa .t2,a for raia;a,nm tat;�•ea Grxa it•eta e newspaper of general circulation,published in the t';ty,,t r �p say fG';aad s mtiaina,Ici.thi8 rtmrrd f0 fl.izC trna to 38 ft Teataw HUNTINGTON BEACH tiv*7 eethtap5"533 dstide 4tn, Yy yt.fai fotAatv;f4t paecel-Thg;au53sd kca;t at Caunty of Orange and whist: newspaper is published f,.r the narth- adC A+rauea14 $ratb Barinyvcl fat I"it'o"ird Y dicem;nation nflrxal news and intelligence of a general eharai, Cummerrlei Ubtrfr+,3�Ateyat.dcr�rcPtlan ter.anci which newspaper at all times herein mentioned had lbtDepornumtif,Txesr P and still has a 1xona f;desubscnptrnn list of paying suhacnlwm, "�tV��aa's'tu-�*pcaw6rt'rre susrsr�#o . and which newspaper has been"tahlished.printed and pub stu d Lr;d� a u�'and�,ea rear tE r hshed at regular intervals to the&aid County 4 Orange far a iv, ups} no,; etceerd.in one year: that the notice. of which the Fuithcofat�nw�raf� abtalx0 ' pe K trarY 4tu:t)ftfct tba Glty s✓ter�. " anntz;d ya a printed raoy.has been pubfaahed an the rec,dar 4dtstt5trrt,Has apaa Fk►cb CehY and eatty issue of said newspaper,and not in.am vipplarnent, ,t}ATEtkiu3t%72A: thereon on the following dates,to wit. C3T4 ' of HtiNlihGiON " tty AliciatiS Went rroreb. JUNE 1.0r 1982n I�iartk.Beidsindakr+'�t4;9r�. I certify tar declnrei under penaltt ecf perlum that the f�,regv, ing>,K true A.1d ctsr,ect I3atedat.. gardetn Grove California,this 1th;day nf. June`1q 8' I Signature i hvM Na CAr Bide s. e Publish June 10, 1982 NOTI E OF PUBLIC HEARING ADPEAL TO THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL EXCEPTION 82-02/TENTATIVE PARCEL MAP 82-556 NOTICE IS HEREBY CIVZN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7;30 P.M., or as soon thereafter as possible on Monday the _ 21sst day of June 19 82. for the; purpose of considering an appeal of the denial of Conditional Exception 82-02, a request to allow a reduction in the minimum lot area from 6,,000 sr , to 2900 sal. ft. and a reduction in the required 60 ft. of frontage to 38 r atire Parcel Map 82-556 is a request to divide one (l; existing lot into four The subject property is locat:ad at the northwest corner of Cypress Avenue "ai'h Boulevard in the C4 (Highway Commercial District). A legal description is on file •n the Department of Development Services Office. All interested persons are invited to attend said hearing and express their opinions for or against said aopeal Further information. may be obtained from the Office of the City Cleric, 2000 tea-in Street, Huntington Beach, California. 92648 (714) 536-52-27 DATED MY CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk' NOTICk TO CLERK TO SCIIEDUI E PUBLIC HEARING TO; CITY CLERK'S OFFICE DATE: PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE DAY OF �( AP's are attached AP's will zoinw No AP's Initiated by: Planning Commission Planning Department Petition X * Appeal Other Adoption of Environmental Status (x) I YES NO 1 Refer to , Planning Department - Extension for additional information. If appeal, please transmit exact wording to be required in the legal. Phil Zisakis 16 324-09 17204 Beach Bl'v CE #82-02 Kaifa Corrorati.on 111 Huntington Beach, Calif March 30, 1982 (JH) cfoMillre@ Yin 92647 19702 Ditrzr Lane Huntington Beach, Calif 926' 111-384--03 111-384-18 167-324-IG Katella Realty Leonard E Lichter (-eneral Baptist Church of 1741 J1. Katella Avenue 17111 Beach Blvd 1212 Ocean-riew Anaheim Calif Huntington Beach, Calif c/o D L Dickey 92804 92647 17101 A Street 111 384-08 165-283-01 3untindton Beach, Calif Geneva Walker Tcm L Otto et al 92647 17122 S ELn Street 9092 Ta1bezt. Ave 99 - -- --- HUntington Beach, Calif; 17buntain Malley, Calif 92647 92708 111-384-11 165-283-02 167-324-11 marcelino W ,7iro t Warner Beach o , Inc P.O. Box 186 4400 W Westminster ,Ave Lake Arrowhead, Calif Sante Ana,, Calif 92352 92703 1.11-3b'4-11 165-283-04 167-325-15 Huntington Beach y Donald P Jones California First Link, I 2110 Main Street 17931 Beach Blvd. Site Lcc,ztion Division Huntington Peach, Calit Huntington Beach, Calif P.O. Ph 1311 92648 92647 San Diego, Calif 92112 111-384-12 165-283-05 167-325-17 Pats}. A Lilly A R Evans Betty S Kind ,t 7931 Cs.!press Avenue c/o i•7 G Fisher c% Taco Bell #283 Huntington Been, Calif 101 Shore Cliff Drive 1011 S` ns Tower South 92647 Corona el Mar, Calif 02625 Dallas, Texas 75207 111-384-14 165-283-06 Gerald. Robertson I�._n J Alvarez 15431 Vent ont Street 17162 Elm Street ilk:sbninster, calif Huntington Beach;, Calif 92683 92647 Ik 111-384-15 165-283-07 Philip Zisakis Daraka D Giatrrue 16351 Tufts Lane 17172 Elm Stx%--et Iuntington Beach, Calif Huntington Beach, Calif 92647 92647 111-384-16 165-283-08 Thsai-Teel Lin Audelia L Duarte 6821 Scenic Bay Lane 17140 Elm Street Hunt_in#6xi Beach, Calif Huntington Beach, calif 92648 92647 of6d v 6 rNTHE Superior Court OFTHE STATE OF CALIFORNIA In and for the County of Orange CITY OF HUNTINGTON BEACH PROOF OF PUBLICATION PLANNING NOTICE OF PUBLIC HEARING o State of Caltfornib ) CountyofOtange )I" LECALNt7f10E Nona Of,PUKX UE"m JEANNIE L. THOMAS reNr amkAP64 NOME)8 HP.RP.BY GfVEN th.t A public bearuu*%D be held b7-.Lb*CA), That 1 am and at all nines herein mentioned was a cdtzen of 4 -Omsm d tia Cep of the United States,ati er the age of twenty one y ears,aria#that I H—unctm Be.rh. Cawoa" Im t&e ant not a party to,nor towrestrd in the above entitled matter: ` �Baez, that I am the principal clerk of the printer of the .r+dwu=im the mi um u.a from aw seq.tt.to 3.2w tt.od.moue. tun Dui th. do fL N tmouy+to 38 HUNTINGTON BEACH IND. REVIEW quwtodrr,demtH)•u+urgtaetr:to it newspaper of general circutatiott,pnbttshed to the Cit}or low(4)w-'--r--br•n.vvpwtt`is bated st t6*axdrat oorrn of y- H rJNT I N G T O N BEACH pica��� C B..m Baa>".re m t A G lllvi n?0 CJ-ac d lLb.Do A ).`al:d..crt9nao i m ttl.in Lb.DpaN County of Ornrige and which new paper is puhhaht J for tie ue'<d iwi*1m':at6+ eki at Ch. t 6.d 6..riot•�il be 6add ddr bnur dtweatinauott or heal news and intelligence or a gencrA charm of UU P.W.m ks e+r 1*1 la th, ter,and which newspaper at all tunes berate tnenturnaa)had C'-t*tl WX mal On."t d. Grtc Cm4r,T(?00 Mrs 6uw,;Huotu>ttco and+till has a loan fide'sutrat-rtptuanllst of paying suhat rlllpr" Beg3a Cshtarw and which newspaper has been eatAbhnhr d,prtntrd ami lath A8 d¢L*KA p.r.mw an,iarited to lx�hed at regular intervals in the surd County or tram c Gir a op+ara+ r�m��o,ppt�om to t ad ��prr�mww period exceedin„ one year, that. the tirtice, of uhieh the, ('.cadattm.l 688 B2jyvt.oidre annexod tq o printed copy,has been published to t,±e regular P Furl t boo m.y y. &.d and entire issue of said newipaper,and not of am�,upp',entew tram u,*Coy eknmi,,pon—t. thereof,on the following dates,to wit. T %,�ar,.t+o(714)sya sslt. 17�A PY D tit.eta dry of wy.Haet ary PLA.NNIN cow-MION By JAhlM W.PAJAN,Somitary f'si6l. N2 MAY 8, 1982 ., y I certify fur decltire)under penalty of perjury that the(orego ing is true and correct Doted tit,...:GARDEt1..G RO.VE.......... California,thiaO,t t, 'day of.,rl a Y 7' $2 Jxa�2ctiia :L... bctaarr Signature Publish Jure 10 1982 NOTICE OF PUBLIC HEARING APPEAL TO THE PLANNING COMMISSIONS DENIAL OF CONDITIONAL EXCEPTION 82-02/TENTATIVE PARCEL MAP 82-556` NOTICE IS HEREBY GIVEN that'a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on , Monday the 21st day of June 19 82• for the purpose of considering an appeal of the denial ofConditional Exception 82-02, a request to allow a reduction in the minimrm lot area from 6,000 sq, ft. to 3,900 sq, ft. and a reduction in the required 60 ft. of frontage to 38 ft. Tentative Parcel Map EZ-556 is a request to divide one (1) existing lot into four- (4) parcels. The subject property is located at the northwest corner of Cypress Avenue and Beach Boulevard in the C4 (Highway Comrrkrcial District). A legal description is oa f-*Ie in the Department of Development Services Office. II All interested persons are invited to attend said hearing and express their opinions for or against sa.id appeal' Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California.: 92648 - (714) 536-5227 DATED� ,J��7�19�? _� _� p CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk CITY OF HUNTING'1 ON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 24, 1982 Phil;Zisakis 17204 Beach Boulevard Huntington Beach, CA.-92647 The City Council of the City of Huntington Beach rot its regular meeting held Monday, June 21, 1982 tabled the matter of your zpp&al to the Council Meeting on Tuesday, July 6, 1982., The Council meeting begins ;at 7:30 P. M. If you have any questions, please, contact the Director of Development Services 536-5271,. Alicia M. Wentworth City Clerk AMFI:b t fT85@Ph0nai 71463"W1 REQUES , FOR CITY COUNCIL ACTION Date June 10, 1982 _ Submitted to: Honorable Mayor and City Council 1t, Submitted by: Charles W. Thor-nipson, City Administratof�f' 7 Prepared by: James W. Pali,n, Director of Development Services . ,� Subject APPEAL OF TENTATIVE PARCEL MAP 80-563 AND CONDITIONAL EXCEPTION 82- 02 rp Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE Transmitted for the City Council's consideration is an appeal of the Planning Commission's denial of Tentative Parcel Map 80-563 and Condi- tional Exception 82-02. 'tentative Parcel Nap 80-563 in conjunction with Conditional Exception 82-02 is a request to allow the division of one existine legal lot into four parcels, three of which, would be substandard in street frontage and in the required square footage. RECOMMENDATION. Planning Commission. The Planning Commission's recommendation is for the City Council to uphold the denial of Tentative Parcel map 80-563 and Conditional Exception 82-02 with findings Staff - The Department of Development Services is recommending that the City Council refer tnese applications back to the Planning commis- sion for consideration of info cation submitted, subEequent: to the '. Commission's meeting and a report bark to Council . &MYSIS Applicant: Phil Zisakis 17204 Beach Boulev,rd Huntington Beach, CA 92647 Appellant,: Same Request: To permit the creation of four parcels from one existing lot and to allow a seduction in frontage and mipimum lot area. LLocation: Subject property is located at the northwest corner of Cypress Avenue and Beach Bouelvard. Planning Commission Action of May l$, 1.952: ON_ MOTION BY PORTER AND SECOND BY SC:HM4AC'HER TENTATIVE PARCEL MAP W0. 80-563°AND CONDITIONAL EXCEPTION NO. 82-02 WERE DENTED WITH REASONS FOR DENIAL, BY THE FOLLOWING VOTE: ` 'P10 418+ TRK 80-553/CE 82-02 AQ June 10,' 198 ' Page 2 AYES: Higgins, Paone, Winchell, Porter, Schumacher NOES: Livengood, Mahaffey ABSENT: None ABSTAIN: None REASONS FOR DENIAL: 1. The Commission did not want to legalize existing illegal parcels' which would establish lot frontage on Beach Boulevard with less than 60 feet of frontage. If this were approved, it would encour- age access for each parcel,. 2. Alternative solutions to the division of land that would reduce long-range problems could be found. DISCUSSION:, Tentative Parcel Map 80-563 is a request to subdivide a .85 acre lot into four parcels. This- .85 acre lot is the result of recordation of Tract 436 and is all of Lot 4, Blo::k A. The four parcels depicted in the tentative parcel map are existing and have been existing for a number of years. However, they are only existing as a result of earlier sales and were never recorded as legal parcels. Therefore, prior to the City issuing any type of entitlemen*_ or permit for new development of any one of zie four parcels a parcel map must be approved and re- corded with the County Recorder to legalize these now-existing illegal parcels. In conjunction with Tentative Parcel Map 80-563, Conditional Exception No. 82-02 has been filed. This conditional exception is to allow for a reduction in the minimum lot size and frontage for all of the par- cels involved in this parcel map. Both under the C4, Highway Commer- cial,: zoning and the R2, Medium Density Residential District, minimum lot area is 6,000 square feet with a minimum frontage of 60 feet. After reviewing the ,information presented to the Planning Commission at its May 18, 1982 meeting, the Planning Commission voiced major concern regarding the number of curb cuts along Beach Boulevard if the subject map and conditional exception are approved. By allowing the 48 feet of frontage for the two parcels fronting onto Beach Boulevard, each parcel could possibly request a curb cut for access fromBeach Boulevard. The property owner of Parcel 4 has indicated that his access would be obtained from Cypress Street and not from Beach Boulevard. The Planning Commission was still concerned abou.._ the parcel identi- fied as Parcel 1. The Commission requested that the owner of Parcel 4 contact the owner of Parcel l and see if some type of access agreement or some other solution could be reached which would reduce the number of access points onto Beach Boulevard. The applicant indicated to the Plann,in% Commission that he had discussed this matter with the owner of Parcel 1 and received a negative response from the property owner. TPM 80-563/GE 82-0210 0 Sane '10 1982 Page 3 Subsequent to the Planning Commission's denial of these applications, the applicant has provided the City with preliminary information on I the title, which indicates to the staff that Parcel 1 may already be legally separated from Parcels 2, 3, and 4,. In addition, the applicant is researching further the datesof sales of Parcels 2, 3, and 4 . There- fore, the staff is recommending that the Council refer this matter back to the Pla; _zing Commission with new information presented by the applicant and have a report submitted back to the City Council from the Commission. ENVIRONMENTAL STATUS: Pursuant to the provisions of the California Environmental Quality Act, a division of land of four or fewer parcels which are located within an urbanized area and are provided services by the local agency is categorically exempt. , FUNDING SOURCE: Not applicable. ALTERNATIVE ACTIONS 1. The City Council may consider upholding the Planning Commission's denial of Tentative Parcel Map No. 80-563 and Conditional Excep- tion No. 82-02, which would perpet-ate the illegal status of the existing parcels and require an alternative sclutior, in order to resolve this status. 2. Overturn the Planning Commission's denial of Tentative Parcel Map 80-563 and Conditional Exception 82-02 without further investiga- tion as to the dates of creation on the parcels, which would allow the applicant the ability to record a final map and legalize the four existing parcels. SUPPORTING INFORMATIONS 1.: Letter of, Appeal received and dated May 27, 1982 2_ Planning Commission staff report dated May 18, 1982 3. Planning Commission minutes of May 18, 1982 4 . Tentative Parcel Map JVNIP SMB:df AV i WARNER WARNED �---- z�' unic FIR DR 1.i_ ms V � lz CK _ — s j RZ — c3 MERSEILLF R cc 7 1 VALENCIA 77, CF _ E 4 tii + r FRI $L4MD z( LJILD RS LDR .._. CE Hl'llN61 ' HUC I(. HUNTINGTON BEACH PLANNING DIVISION CITY OF 1�INGTOR$c ctli CALIF, f ' To the Mayor and City Council of I-Tuntington Peach; I would like to appeal. the Planning Comnission decision on condition exception r82-02 ( -80-563) and tenative parcel map f80-563 (CE82-02) . 'These parcels have existed and split the north half and south half since April of 1943 and have been on the k l,. 1.Assesors m3 and separately taxed. 1 too:.. out a mortgageon my house to ..ul a.l p � y a dream of having my awn business on my own property. 1 have Neen in the Glass business in Iiuntington Beach since 1971 and have gr-nsm with my city since. I have had this property on Beach Blvd. for three years and have been trying to get the other property armers to sign a parcel map on all parcels and I finally got the authority to do so at no cost to them. I told them that I would bear all cost of this filing so that we could legalize these parcels to the Cit-y requiz:ements When I bought my parcel, which had a house on it, it was rented and I ,had it vacated with the intention of building. In the meantime after one problem after another the house has sat enpty and has been vandalized and destroyed. I have tryed to keep it boarded up and closed but to no avail, it keeps getting broken into and I have tried to comply with the Fire Departments request and it has been a real hard- ship to do so. I have spent large sums of money in trying to legalize the parcel maps filing a. building plans and the cost of purchasing the property and the property taxes and the building costs have clone up considerably in t1lie pasta three --ears and has created a real hardship financially. Therefore I appeal to you to please, reconsider the planning comnissions decision of denial on this parcel map and condition exception, that the planning ccnraission has rendered. Very truly ours Phil Zisakis Wuntington teach developm(pit services dep.-x'tmon't T TO: }11anl;inJ �,°.)I Ttl�isY4ial DATE: May 153, 1982 82-02,r"£'r;,.1"FL 7Vtf. F"rtsi4.: t-irl ' `W+ 80-563 APPLICI ,,.,, , .`k'�ach �t'� 92("..4 :'i:.3.', ~'.t .;'a CSte 1:tl;G .-n. erl:. [;t.rt,l1'uton !;each, CA 92 6,'.8 "tIIli' 1"( 82 �^ •• •<_"•, ,,� - jai ?;, an,, Reatm :�.r, d•-�v 'i( c F a.,:] � iI':;S i<'.�:. .� . &�., .:,.I;..`. r�xp=..xll 'k' , y , t'4t.r:.ta0,E '4 y l ! x f is recn *a;endIn i that t hr- r1 nnin_ oinii:sign nic. roe 'On t - it.ive Parcel Map 80-.363 in ,-ran unction. with Ci'm,litir.,na l o. 2-02 with and conditior#s. Pa�'t«e Map �M^' ": �. Y`S iI 2`#.?L�.II. n� tL ?13.'$ti�E: tint* t::5 T St1Ii : int(.� four �t,�;z"t,-'1.3. Thu C.oI"if i -Ur ation of those tour j`Is33"K.:o s havo 1),*'''Ia a'x,,X+krli'273': for a Ilumlber of y-:ars as tho rt stll t. of 1ncZi '1.dll3w ailf's r3# tit 2 )ts t't?l C ''Ind '�'.d�ails`lk�].C731t3� �XG`C'�ta.Oil 82--02 is a rec.ues` tfa allow the ,reduction in the required minir;um €roritage and =Y rf..,iu "11T n in Lhe minimium rc"quired square footaz40 f i r r ti T A 4 -ZIA N,q(? ? for three. , , tie: 3 [NE• -N,1301 is+ „F F C ri 'f',Xl «.}.i'..7i F.«C+. '1..".on . ++« ` -02 is C', U1er C'r :)C t i,:, a-'. it; hardshl p which c;;.` n .1 L .'k i i° the '.irt'nt'nc. I-= t,,;7 al. »w q} !"'.'ti1U,' i(.zFi in the ..v,. .£ t .ia«..t . F 3YC t ! 3 S 0— 6 3« 4 .0 ]'tF t xt.' Cal il ,,.ir.ti. qq Act, c2 Z`.0 :: *within an 11r!'t 1( "bf.i�,'S t;10 .. . s L YF. •F:.t -To f xt .I s�,`i t. T,ri..t? t..t.tom t ,... .y Y^1,y �Xl� .�gu�his f.:{. T j"'o..R... ,,._.. a�z i:.;`.. ` ii'.�'+..x � I:. tX7r' Xl',._)r,..fa 1';'E f>':!".'I7 a.f_�ii`:i. >... ,.A t "i::I e. ...l.:t'. t:'+zf''t.. 1 T _ _ f_'�'i.X. y C;C a.. t'.`: s 'Ie pertt is Z-n-t °:s' �'ii',n it'+ the j nt�Xalf of the rr -t' These with I i Aden- on ;..t'to tent... 11 z:*A f +,:r,"S° :;.+-at k.y k rr...;":ir•+.:ic t':C'' '.+ ,'g...'i.� a.`i .i�:T'f'.£?'�. a'F'i`: t"L"st.C.Xr. T ;.. .:,it>...,'3"> ..i '. 0i•.t�.=3.:'sE'.: i+l l �.*rti� ' .3Y:,. ned. «31... tilt, E"tT,rl'7r-.tr T h �'. :'t;.Y oet 5i 1. Cypress, i ..f ` '1' k''1 °,«."1#LL}'; ). i'1. t_1-fa:--.iI rt's;, .«..f''1,iw unit. ��ir(-e1 + t r «.rf:._:� strE't'` 1;+ tTE «"t?1 ,t..,I with 4i ^?i.i,l.t.i-=i3S."t11 r'es7.1.dent i.-I i. `-n;t."`... P%"-O' et t r i.r'} t i. v.`•:'f i'.25_ .mo t.::'t�{" '_y i.:i ::E".f t-R-kt;'A� wit an t'.ti1..t3 7 « « t: a. M't`.E !Luxe. r£;:3 3�.C?��: tic's+_' ' ":?, tI *' i.: : r » r t` k, t.,.( . £::...3 X1 c t xl *7: lf3 is vacant dcve'- i"„f,-'k.,x Xar + „'t Xtt.'3- F" E:`t t.I7 Es ;^F<.X?:?E'C:t h:i t.`'1 si 1.<'a X,fl the fro qit X'g l r Xt, .i .2 "+.,a 'h 1')''e a C iFlt: F< � 7 E':i1 t?F:t�cil f :11 rX1CF the back « t32 T La' I« "i1<E'` `iE neral is also rU .Cct ,-ii,'s of t1he front: <.'.,`?:'sX'W"trcia': portir?Xi 0117 the property is de..a.e t4d#'�'3 4"'i..i'd::Xr.'iw �. KYxI.::.:i.i>y while '".LY{? S'E.. .ai.E'"lI2_:. portion, to t:h '. Xear'f i �...?,? ' :TM1e^ :ti'i`h a Unit.. Vropt-°rties ? .!t_' :c."ii.h F=C t. t"'r 2 ttl uF}-2 sr_-ut.xi y t`cr(»3:as k dF'X'4_.`s trt: ty 7 '€' ;,('M c« 'for C.Y...m C 3 iiS q ' i ry � r > � � � t .t >r 1 �t r {'t}r ;.r.'.` J Ti1tw`C,'c1 on the General Plan as 4,,nt•va C:t,-)m 7t',;'+ ial f lal.(l dE.veloq e?d with commer- cial nses. F<'c,'O C"t to t :e southwti,st .i'.1d E :.tst of the sub- ject Site ire F^.i f .(,si natrod on the vont; --'al F l,k- as ;'Sk.?d31.m density residential anti. it-veloped with multi-family residential units.' Tentative Parcel 11.t _bO-5,62 is a 7cvjljluest to subdivide a .85 acre lot V L 0 CE 82-02;13'I M 80-56 aiay 18, 1982 Page 3' into ifiour t3arcels. This ,1.45 acre .lot is a result of rGi:C`iXE.atii"'ri 7,f Tract 436 and is 11A of Lot_ 4 , Block A. ?he four parcels depicted in TentatiT e Parcel '•"':w 0-563 are G'xistin , and have been ex1sti q Ifer a number of "ye ars. How€ver, they are only existini• gas the result Cif earlier sales~ancz were never recorded as l.eY ,a; pa`ircels. Therefore, prior to the c -t;. il. 'Vintin rtvn beach issuimi any type 'of: entitlement .ir porn t.s for �,Ie. t lop,.:ont on any on(-, of the.: our parcells, a parcel ',ui'1 id ii: t 3k'Jr Z,.��•A .3. X'E'cor3ed with* the C unt j' ?E'Go_rder, to le- r;a I i'le thoF,,t' now t :.iE F in.7 it le+,al parcels. in c. njuncti n wi+t; '.`t nr: i i\'f?- Farcol Nap FO-rG'"i' t:."tn.a ui ',:gal Exception 82-02'' ha?., l:zt:-o } :" i l.el. 1?'hi s con�it`nna i. E:hf.ep+- 4.�n i s tC a'2<.lo '.a:>I"> red,ict ion in i-he iri i:a"!Si^ lot size inJ t'rontai-o. for all to £.?,:1rcc l M in t.ais 2I'='•=l T<1' 3„th unfit?r the 4, hl -''-,,*a.%, C€3�iIIerE i" " zr:ne and the F , "+ ?k JeI:sity residential tr }, .'nInir*L;m. t* arc,,a ;k 's 6,000 square fr.et L- it.a miniiruin last rrontea *(_y f-' 60 feet. 1,arcf,!1l of the proposet', parc eC ! ap has 13pproxirnat:.e!V i8,00 Square feel o area ;which exceeds t: nth the R2 and t:'4 minizmun :ic t, require;nent. , ow- e%-ery fro;'"+a_age on both Elm Street rand,,'(?r beaE'.: B ;, levard Is only 48 feet. The IniniP'ta ,i, rQo7 ii'remE?n't is 60 feet. ."'arctA s =2 any: -'I' ht110 a pproxim.ait'ely 5,740 sgv;are feet each uhich L 3 sot',(' J00 atjUare fOOt short of thc, `T,`ti1. ,SiTU,11-e foot r3i"iT.=l Int ary 3 Parcel cL'l 3 h'ai ,-.p- rroxi.-,i- rely 3,400 s:Au,ire 'OE:.'t Of land €irE a Eti :7h is FapprC"},r imatu ly (100 <C7.la:re fuct sto,t « the mini.tum 1eg_ircr.ents. t'ar� :>: #2 and vat r 1`a'.'ln,j rrcnta;e r_., isi:, Street and T oach fC7.,lE.":4ir';:. respectively, have 48 t`eet- of ;r(',nIUi ;o I.%':for to .iedica t icn, an,, will ha "'E: 3 C 7:C1- a tely 4 ` 'f ri f t� � -eExt ?'r I�r�''nt_i'Ir� I"tE;.'r �c'CaiCnti'aa«. li is co ' s,:€ara. of the A Foot: min.-Lnu l ,zorta e require-ient. The applicant has ','ciSt IilE?'X his request for a con;;it acxnaI €?:Ci et't. Cr to allow the rE?duc�.i`:7n ii3 lot site by indicatin,i that the cvnfiEa lra-- tion of t.hc f,'lur parcc'l.s cC�alriE:'•risinr Tentativ-,'i Parcel Map 80- 63 have existed for aft le,%s'at ton wars. (I,".cunty rec--ras irw-licate that, the majority of tho par'crAs h�.°L teen ��«kistin in tt;cl ' }.resent ,_c�nr - ration sinco the t'•.ti ly 960' 3_ ) They applicant has also indicatk'd that the o" Tentative e`r3.C"i:inl Maj, R0-5fS )3 wil' n)t chancle.. Lhe con.4ris stir"cation of the parcels a s they ar'e E:xls in3 1, but will leq alIze each of the parcels iri its prosent ccinfiquralt ion. Since each of' the parcels €n is presently ownezi by separate Owners, thO. staff feels that the approval of this parcel map in conjunction with the conditional ox� ei-A C n Will resoy, e twht ,:�rt:ab1c: ,,,s :and will el iminatc the n oei f*or the City t=''' 'i le with the Count y -i Ct!r'I l:t 1 G s1 tt- of ,'VOn- C.`oi.i.i 3rint. ., "+.fYoi'#t , ',,":,II7 ` :1'' il.i,M'='I:27 status C)! t f2t's'6:: .'.c112.` '�irC."l'i.��*. 'it i shCuLd I)v thai of;fnite" is*prra °f'"monts will not be required at this time, but will be re wire i -it the time each ind..,idual, parcel is im proved. The property owner of Parcel 4 has indicated to the staff that: he: will be preparing draxwinys :car the development of this parcel, (" at which time he will be required to install all offsite improvements. Based on the above information and the fact that the approval and recordation of a parcel mtap will legalize what are presently four . May 18, 198 Page 4 illegal parcels of land, the staff' is recotnriendinci that the- Plaanninq Commission approve C.r. 82-02 and PM 80-563 7.0 REc:GMM ND TILT d: They 'staff is re otn :enAii.n<; tl:,.at the Planning Commission. approvc Condi- tional Exception No. 82-02 and Te?ntative? Parcel Map No. 80-563 with findings and conditions as outlined: FINDINGS - CONDITIC-NiL EXCEPTION NO. 82-02: 1. Basel or, the �:a ,t that the subject t.,T oporty was proviously divide+.i into `our I-arcels thro�ir-, t sales of the individual I:,,r- tions and. thit. each I a.-^ta3. of land has been developed with per€:tan- unt uses, tthe,--e.'. aria exceptional circumt stances that apply to both the land confiqur-atir�ti and b:iilciin,.z location which do not apply 4,ene3rally to the I;roper ties or uses in the tzeneral. vicinity.` 2. Since there: are four separate owners and indiV4dua.l development of the sub ect property, the granti ci of this conditional oxcep Lion in conjunction. with a tentative ;3rcel map is necessary for the praservation and enjoyment of substantial property ri�j ts. 3. The granwin,i of :.his con+;iitxonial exception ,,7ill not be materially etrizrontal ir; Olt. public health, safety, aria wolfaro of the ne i—;hb�-,rhuc`.a.i o�r f the City in '-general , insofar as oach parcel is ex stinfj in its pre sent: con£i;,uration by ownershipand development. FINDINGS - 'TI!33Tk' I`r PAPCEL MAP NO. 80-563: I. The pr.orose=d suDa iivisien of this .85 acre parc:tl of land, zc,ned C4 and R2 is in si.ibstantial coril',I:aance with the City's GenQral Plan for this area . 2. The General ill a.- has set forth provisions fcr this typo, ..If lanai use as wall ;as set Line, Ctsrth �-)bjerctives for the. iml, 1cmo: Cation of this type of use 3. With the use of a c onll ticanal exception, the sa.ze, depth, frontage, strut widths-, and other desa.In an3 improvement features of the proposed subdivision area pr.1posed to be constructed in ccripliance ;with standard ,laps and specifications can file with the, City, as .:ae:ll as iIa ercn lure t� withthe State 41a ,ct. and sup ientental City subdivision cirdin#'ante. 1. The tentative parcel map, received and datod May 7, 1982 shall b,a thy- alprcved 1 =1?o^kt . The street section ;'along Cypress Street shall be redersicnatc-d to r4�flvc•t a 30-foot dedication on this centerline. 2. ric"I parcel f.ic shoal l be. Filed �•itri and apl roved } y L.he Department of P ibl.i,c Works and' recorded. with thew Grange County Recorder. CE $2-02/TPR 30-563 may 18, 1982 Page 5 3. Compliance with all Cit} ordinances. 4. A copy* of the recorded parcel map small n-� filed the Department of Development Services. ATTAC HMN I"S; . Area Mlap Tentative Parcel 114ap received and dated May 7, 1982 /xI.7r :SIAB d f I ',i, r Minutes, H.B. Planning Commission Mt;y 18, 1982 Page 9 ABSENT: None ABSTAIN: None Y CONDITIONAL EXCEPTION NO. 82-02/TENTATIVE PARCEL MAP NO. 80-563 Applicant: Phil Zisakis, ct. al. A request to permit a reduction in lot fr_onta-e and site area, and to legally create four parcels from one existi�ig lot, .85 acres in size, located at the northwest corner of Cypress Avenue and Beach Bo-ilevarc. The configuration of these four parcels have been exist- ing for a number of years as the result of individual ; .les of each p approval. parcel of land. Staff recoFranended Mr. Bellavia called attention to the memo from loon Noble, Public Works Department, regarding the street width along Cypress avenue. The public hearing was opened. Phil Zisakis, the applicant, asked that the application be approved. The public hearing was closed. A MOTION WAS MADF: BY FiIGGINS AND SECONDED BY LIVENCOOD LO APPROVE TENTATIVE PARCEL MAP 80-563 AND CONDITIONAL EXCEPTION 82-02 WITH FINDINGS AND CONDITIONS AS OUTLINED BY STAFF. THIS MOTION FAILED 1 BY THE FOLLOWING VOTE: AYES: Mahaffey, Higgins, Livengood NOES: Paone, Winchell, Porter, Schumacher ABSENT; None ABST;NIN:> Mane Commiss:oner Mahaffey stated that he could not support a motion to denv this application, ON MOTION BY PCIRTER AND SECOND BY SCHUMACHE;R TENTATIVE PARCEL MAP 80-563 AND CONDITIONAL EXCEPTION 82-02 WERE DENIED WITH F.EASON'S FOR DENIAL, BY THE FOLLOWING VOTE: REASONS FOR DENIAL: (TPM 80-563 & CE 82-02) 1. The Commission did not want to legalize existing illegal parcels which would establish lots fronting on 8nach Boulevard with less. than 60 feet of frontage. If this were proved, z.t would encour- age access for each parcel. 2. alternative solutions to the Division of Land that would reduce lone.-ran e problems, could be found. ' AYES: Higgins, Paone, Winchell, Porter, Schumacher NOES: Livengood,, Mahaffey -9- 5-18-82 - P.C. NTATIVE PARCEL M 80-563 IN THE CITY OF HUNTINGTJN BEACH GRANGE COONTY CALiF eE+x5 A Sc40M¢!'•th'a,wr♦,eac,1 A CF 14'f r4r m. b`N-,M-er'Mr a�511e<c—'.4Er[-fCen,,, &Als.-40 d¢``±`!f3'CEIlA.NdC!'S M{—V{,FAcpS +'k.:. r'•9 Gc etc^��_x;rrx dEt'ce+„sS+['^s,-�. �.0 e<,r ..y.. YrLe .watt.F GtY. rfj. f•+•n 'Yf cYf[ri'S/s• 1.�"-....,^'.«."-r.'."^"'.. •.^- a ee lee or iK �fcs^,.3_ .c:,.Y.^ ,7J•�['f +v^ ' L [F#„E.<x et ' a_._a,.. Cyr,.S-'+t,•:f[:^fi h.. ;- .rye T k k t r N L Y xj r,.,T r F xr erR+rarv ►T 4 nix # ra+ a lr: to 6 "aa. 4°e: .7 C:pua to i IN"iR �} �,("- / � fir^ /yam_ ry' Superior Court �,�4_ OFTHE i, y ti7 A I F,OF CALIFORNIA ���C�f !�'� � � ' A)Z,' In and for the County of Orange 1 G " PROOF OF PUBLICATION CITY OF HUNT'INGTON BEACHt .►+ CitY Clerk PUBLIC HEARING, Appeal to Planning Cc.nnission/s Denial of Use Permit No. 84-34 & Conditional StateofCalifornia r Exception No. 84-25 A&B County of Change is" t=untictdcrtra: JAMIE J. MOOP.E -- That I am and at If tim"herein mentioned was a citizen ofAPr ALTO MWONG the Unaed States.over the age of twentt+rne years.and that 1 ' am not a party to,tror interested in the above entitled matwr; l eXARDCE[O g {i4?F ; that I am the principal clerk of the printer of the 23A►S �LMriur c411'be W bn t V-ty HUNT. BEACH IND. KV. �; « -6 the-C ui4 Chimbertt bs Cede Cerr- a newspaper r of general tircuiation published in the Pity of tart ktian W.M Beerb,at-the�d p l� i p 7�Xtis,14�:'csuwaat�esftare�sp.�al- ble rat 15aewt the:pith aaN d HUNTINGTON BEACH kss Irctty6epa:aar�a .Sus ap�uel Celad C;wmc€t rota,Rcbert . County of Orance and Wiper is which news uhltshed for the l4cadx b tbt}y r Co airn . p de:usisttbePrxc,�si�ntas34e�tf. disemination cif brim newer And,�itelbcenre of a general tharar tSue,tPu��atoaBt23A f2&UeeFamis' ter, end which newspaper at all tomes herein mentioned had t� >sarequrst,m'pev> teomexuc and still has a bona fide sub�ci ntu»n hst of fa vit g subscribers, F.tre'�ti► tiaa cf a�1)(0 eg,tpdit markif'bu1d+ �4 A�SCIat1 NorEF-25Aiaa` and which new-spaper hoe been eatahb4hed, printed and pub- ra<JnPat abesraaarc3ca3a lmmqrked lashed at recu.ar intervals in the said County:-' )range fora r> C eau»acbaeeat pet. .'_ at�ie ancxmit. s- period exceeding nnr year, that the notice of +hech the tm,mduaian pa par` kacrpad%r ' annexed tit a printed copy,has been published in the regular VIC0013tam°e E8a pHsR I< and entire issue a ails news Ns.34Na"1i ispaper,and not in any supplement a ret✓.battoraza'Zopeat roQ- thereof,on the following dates,to wit °t into txtffi�kl is bsek end"dX*m or.utd ca- meat iaEo 7ispedred pssitaeter_ ter :erns:Lndteraed SutON, � 'it tacmud d the ueetAvseP.aia Aug. 23 1.84 nu{zi dt >>tv=*and Ite"ItBacaw C4 et. HYetctcapCawmertisV I)ssfrt � + ' . pp'M1��viittnl�wtAta�s'i�i3amf�ssl?•S�of t ` Ca£if:uidt'F+.s'—:,,:a�.i t}agiicy Jive' BnaLu i[urshrr'tX.++ro�+liil lsteesmtati A T'gt1&krlgttoa it act rul hi the Ni4nattot or I certify(or declarelunder penalty of perjury that the forego ,ty,r � i pernmn ire imnted,lei ing is true and correct sttmX_eaid]xiuu 9nd,cipresa th'W", cxrthxia fa ar r� teid 1,. noted at GARDEN .GRO,YE Y?rtheriafomw tm cull, ikeahted' f 6m the ofitsa or,tba SLBiH' 14 stiagtoa�Califar . caaltfo.r ,this .Z4th day of Aug.. t9 8a _ 7,0vi tea .sum i ..r ':Ae 23 cost atch 1n8.,&tta�'3E814 . j 4icrarunY Form No.PCP 22W { CITY' OF HUlo TINGTON BEACH CA 11/2/84 COUNCIL . ADMINISTRATOR COMMUNICATION HSkNTitiGTE3ti BEAC77 To Honorable Mayor and From Charles W. Thompson, City Council Members City Administrator Subject ADDITIONAL AGENDA ITEMS Date November 2, 1984 1) Scheduled Meetings There will be an executive session at 7:00 PM. Monday evening to discuss litigation matters. The regular portion of the Council meeting will begin at 7:30 PM. 2) Corrected Minute Pale - Attached is corrected Page #14 of the October 15, 1984, meeting reflecting a change in the vote on Resolution No. 5455.- 3) Resolution Nos.95 and 96 - Agenda Item D-3d Attached are the two resolutions referenced in this Agenda item. Use Permit 84-34 do Conditional Exception 84-25 - At the City Council meeting of Sep- tember 17, 1984, a public hearing was held on Use Permit 84-34 and Conditional 'Exception 84-25 on appeal of the Planning Commission's recommendation for denial. Council approved the Use Use and directed staff to work with 'the applicant on alternative designs which will eliminate the need for a Conditional Exception on parking reduction and landscape require- ments. Staff has met with the applicant to discuss various options for the site. Attached for your review are two alternative approaches. I will taring this matter up under Administrative Items Monday evening. (H-2) 5) Resolution of Int mt Single Family y1ort ag ge Reveenue Bonds - In order to continue the city's ongoing program to provide below-market interest rz to loans for first-time home buyers in 1985, the attached resolution should be ;.pproved by Council as soon as possible in Larder to assure participation in the program. We have been advised by the state that early submission is to our benefit. Therefore, I will be bringing this matter Lip under Administrative Items Monday evening. (H-3) 4V . 6) CityCouncil Study Session on .'November 13 Re: Huntington Center and Talbert Gam, Update to Talbert Senior Project Area - Attached is a memorandum advising Council of what needs to be accomplished by the end of the calendar year for the two proposed project areas. The City Council may desire to have such a study session fr this purpose as well as to discuss the status of the Talbert Senior Project. I will also bring this matter up under Administrative- Items Mooday evening. (H--) Respectfully submitted, �. �" i�Charles . Thompson, City Administrator CWT:pj Attachments MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, September 17, 1984 A tape recording of this meeting is on Zile in the City Clerk's Office Mayor Kelly called- the regular meeting of the City Council of c.. City of Huntington Beach to order at 7 50 P.M. PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Boy S,Vout Troop i34, Boys and Girls Club of Huntington Valley, Leader Scott Nicholson. The Pledge of Allegiance was led by Brian Buckles. The Invocation was given by Darin Buckles. ROLL CALL Present: Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic Thomas (arrived 8:00 P.M.) Absent; None PRESENTATION - SISTER CITY YOUTH EXCHANGES WITH ANJO, JAPAN Mayor Kelly presented plaques to the Sister City Youth Exchangees with Anjo, Japan. Present to accept were Doug Erber, Kelly Mandie, Marla Plotkin, Heather Schley. Also participating in the youth exchange but not present was Karen: Yee. COMMENDATION - CITY OF H014TINGTON BEACH JUNIOR LIFEGUARD PROGRAM - D'ARNALL Mayor Kelly presented a plaque commending Doug D'Arnali, Captain of Marine Safety for the City, on the City of Huntington Beach Junior Lifeguard Program. PUBLIC HEARING - APPEAL TO PC DENIAL OF UP 84-34 E CE 84-25 (A&B) - COUNCILMAN MAN DIG APPEAL GRANTED - CO2iDITIONS TO BE PRE'sENTED TO COUNCIL AT LATER'GATE The Mayor announced that this was the day and hour sat for a public hearing to consider an appeal filed by Councilman Robert P. Ma:ndic to the Planning Commission's denial of Use Permit No. 84-34 and Conditional Exception 84-25 (A) L B. Use Permit No. 84-34 is a request to permit construction of a 2,000 sq. ft commercial building. Conditional Exception No. 84-25 A is a request to permit a reduction in required parking, encroachment into exterior side yard setback, sight angle encroachment, and reduction of and parking encroachment into required perimeter landscaped planter area Conditional Excaption 84-25 (B) is a request to permit compact parking, encroachment into exterior side _yard setback and reduction of and parking encroachment into Page 2 - Council. Minutes - 9/1718 required perimeter landscaped planter area, Subject property is located at the northwest corner of Cypress Avenue and Beach Boulevard and zoned C4, Highway Commercial District. This project is categorically exempt pursuant to S. 15303 and 15105 of the California Environmental Quality Act and no further environmental assessment is required." The City Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received to communications or written protests to the matter. The Mayor declared the hearing open. Phil Zisakis, owner of the property, described the business conducted by his f' shop and the history of paperwork involved in his trying to develop the " Aced that he believed Plan B was the best plan. Th 'ng no one present to speak further on the matter and there bt.ing no -rther protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held regarding parking and the possibility of reducing the size of the building. ,iiscussion was also hell' regarding using redevelopment measures to develop tLe property. A motion was made by Finley, seconded by Bailey, to overrule the Planning • Commission and grant Use Permit 84-34 and Conditional Exception 84-25 based on the following :finding. There are exceptional or extraordinary circumstances or conditions applicable to the land and to the intended use of same, that do not apply generally to other property in th.: same district, and to direct staff to work with the applicant in order to prepare a revised site plan; the amended si'>e plan to be brought back to Council with conditions for approval. The motion carried by the following roll call vote: AYES. Thomas, Kelly, Finley Bailey, Mandic NOES: Pattinson, MacAllister ABSENT: None A motion was made by Finley, second Piailey, to direct that the revised plan as proposed .'- Use Permit 84-34 and Conditional Exception 84-25 be scaled to such an extent that the proper landscaping and parking can be developed and to integrate the project with the overall project being developer; for the area. The motion carried by the following roll call vote: AYES.; Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES, None ABSEdT. None PUBLIC HEARING - APPEAL; TO PC APPROVA:, OF CUP 84-21 - COUNCILMAN FINLEY APPEAL GRANTED WITH. AMENDED CONDITIONS - PRIVATE ELEI(ENTARY 'SCHOOL The Mayor announced that this was the day and Dour set for a public hearing to consider an, appeal filed by Councilwoman Ruth Finley' to the Planning Commission's, approval of Conditional Use Permit Nlo. 84-21 to establish a lip CITY OF HUNTINGTON BILEACH Hc-i,1j B 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 19, 1984 Phil Zisakis 17204 Beach Boulevard Huntington Beach, CA 92647 The City Council of the City of Huntington Beach at its regular meeting held Monday September 17, 1984 overruled the decision of the Planning Commission and granted your appeal, relative to Use Permit #84-34 and Conditional Exception ##84-25A & 8 with findings and conditions. Please contact the Development Services (department - 536-5271 for further information and for conditions of approval. Alicia M. Wentworth City Clerk AM4:CB:js cc: Development Services'Director Jim Pelin City Attorney Gail Hutton #Tate hone-714-53E52271` REQUEST FOR CITY CC UNUL ACTION Date Atrg st 9n 19R4 Submitted to, Honorable Mayor and City Counci; Submitted b y� C:harles W. Thompson, City Administrator W� Prepared by: James W. Palin, Director, Development Services Subject APPEAL 1*0 THE PLANINIING COMMISSIONER'S DENIAL OF USE PERMIT NO. 84-34 AND CONDITIONAL EXCEPTION NO. 84-25 A &B. Statement of Issue„Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is an appeal to the Planning Commissit,o's denial of Use Permit No. 84-34 and Conditional Exception No. 84-25 A and B. Use Permit No. 84-34 is a request to permit a 2,000 sq. ft. commercial building. Conditional Exception No. 84-25 A is a request to permit a reduction in required parking, encroachment into exterior side yard setback, sight angle encroachment, and reduction of parking encroachment into required perimeter landscaped planter area. Conditional Exception No. 84-25B is a request to permit compact parking, encrcachment into exterior side yard setback, and reduction of and parking encroachment into required landscaped planter area. Conditional Exception No. 84-25 A a-id B are alternative layouts for Use Permit No. 84-34, RECOMMENDATION The Planning Commission and the Planning Staff recommend that the City Council uphold the Planning Commission's denial of Use Permit No. 84-34 and Conditional Exception No. 84-25 A and B. It is also recommended that the City Council. adopt the findings as imposed by the Planning Commission,on July 24, 1984. ANALYSIS: Applicant: Phil Zisakis 17204 Beach Boulevard Huntington Beach, CA 92647 Appellant: Councilman Robert Mandic Request: To permit construction of 2,000 square foot commercial building with numerous dr ristions from the,code including reduction in required parking,, encroachment in exterior side yard, reduction of eild encroachment into required landscaped planter, sight angle encroachment, compact parking. Location: Northwest corner of Beach'JFkoulevard and Cypress Avenue. P10 4/89 'Planning Commission Action on July 24, 1984: ON MOTION BY SCHUMACHER AND SECOND BY HIGGINS, THE BZA DENIAL ACTION ON CONDIT110NAL EXCEPTION NO. 84-25 (A AND B) AND USE PERMIT NO. 84-34 WERE DENIED BY THE FOLLOWING VOTE. Ayes: Higgins, Livingood, Porter, Schumacher, Mirjahangir Noes: None Absent: Winchell, Erskine Abstain: None Discussion: Use Permit No 84-34 vies filed to pert-nit the construction of a 2,000 sq. ft. commercial building for use as a glass shop, including the installation of auto glass, pursuant to Section 9472. The Conditional Exception was submitted for two alternative layouts, both of which involve numerous deviations from the Ordinance Code. Section 5.0 of the Planning Commission staff report discusses the many deviations. The Board of Zoning Adjustments denied the requests on June 27, 1984. Coui,cilman Mandic appealed both the Board of Zoning Adjustments and Planning Commission's Action. The subject site is located within the Oakview Redevelopment Area. Prior to the inclusion in the redevelopment area, the applicant pursued several applications for entitlement. r1 .1 the Conditional Exception and Tentative Parcel Map applications to create substandard parcels were approved on appeal by the City Council. See the attached chronology of applications. Also attached are two resolutions recommending consolidation of the site to be integrated into the Oakview Redevelopment Project Area to promote development of one integrated project. FUNDING Ste' "CE: Non Applicable ALTERNATIVE ACTION: 1. Reverse the Planning Commission's action and continue Use Permit No. 84-34 and Conditional Use Permit No. 84-34 and Conditional Exception No. 84-25 to September 5 for conditions of approval,to be drafted by Planning staff. SUPPORTING INFORMATION: 1. Staff report and minutes of July 24, 1984 Planning Commission Meeting 2. Area Map 3. Planning Commission Resolution No. 1311 4. City Council Resolution No. 5310 5. Chronology of applications CWT:JWP:SP:jr - (I068d) TO Honorable Mayor and City Council FROM,: Councilman. Rol—rt Mandic DATE: Auqust 2, 1984 SUBJECT: APPEAL OF UP 84-34 AND C.E. 84-25 I am hereby appealing the denial of Use Permit No. 84-34 and Conditional Exception No. 84-25 by the Planning Commission on July 24, 1984._ It is my feeling that a hardship has been created' on this property by the taking of property for right-of-way, leaving the site undeuelopable without granting of the conditional exception;. Robert P. Mandic I HUNTINGTON BEACH DEVELOPMENT SERVICES P.O.Box 190 Huntington Beach, CA 92648 nuntington beach dedelopme services department STD►f REPO TO: Planning Commission FROM; Development Services DATE July 24 , 1984 CONDITIONAL EXCEPTION NO.. ,84-25 A and B/USE PERMIT NO 84-34 , APPEAL APPLICANT Phil Zisakis DATE ACCEPTED: 17204 Beach Blvd. Huntington Beach, CA 92647 May 29, 1984 APPELLANT: Councilman Robert Mandic MANDATORY PROCESSING DATE: July 29, 1984 REQUEST A), To permit a reduction in required parking, encroach ZONE: C4, Highway Com- ment into exterior side yard mercial District setback, sight angle encroach- ment and reduction of and GENERAL PLAN: parking encroac' ment into required perimeter landscaped General Commercial planter area; or B) _ To permit compact parki;,g , EXISTING USE: encroachment into exterior side yard setback and reduction of Vacant and parking encroachment into required perireter landscaped ACREAGE: planter area, 0. 10 acre U .P. : Request to permit construction of 2,000 square foot commercial building LOCATION: Northwest corner of Cypress Avenue and Beach Boulevard. 1.0 SUGGESTED ACTION Uphold the Board of Zonin3 Adjustments' denial of Conditional Exception No. 84-25 A and B and Use Permit No. 84-34 based on the findings outlined in Section 6. 0. 2-.0 GENERAL INFORMATION Use Permit No. 64-34 was filed to pernkic the construction of a 2,000 square toot commercial building for ,use as a glas,s'- shop, including A 4 M-2J 8 by the installation ot,`auk pursuant to _Section 9472 . The Conditional Exception r -pitted for two alternative e plans, `both which involve nume, i-ns from the Ordinance Code. The Board of Zoning Adjustme is 4 the requests on June 27, 1984. Councilman Robert Mandic, ap, Lad this action. The property is part of the Oakview-Redevelopment',Project Area. The Planning Commission and City Council have both previously approved resolutions recommending e that the property be consolidated into one integrated project with Charter Centre. Resolution No. 1311 was approved by the Commission on July 26, 1983 , and Resolution No. 5310 was approved by the Council on September 19, 1983 . Both are attached, as well as a chronology of events and applications_ the applicant has submitted prepared by the Redevelopment staff. In addition, the Commission should be aware that the Redevelopment staff is preparing a Resolution of Necessity for the August 6,, 1984 City Council meeting, to initiate condemnation proceedings on the prope. `—. I' 3.0 SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: s Subject Property: GENERAL PLAN DESIGNATION ., Ge. , al Commercial ZONE C4, Highway Commercial LAND USE: Vacant North of Subject Property: GENERAL PLAN DEZ"IGNATION: General Commercial' ZONES C4 , Highway Commercial LAND USE: Vacant r East of Subject Property (across Beach Boulevard) GENERAL PLAN DESIGNATION General Commercial ZONE: C4 , Highway Commercial LAND 'USE`. California First Bank South of Subject Property: (across Cypress Avenue) GENERAL PLAN DESIGNATION; General Commercial 'LONE: C4 , Highway Commercial LAND USE: Winston Tire and Automotive Repair # West of Subject Property: g GENERAL PLAN 'DESIGNATION: General Commercial ZONE: C4 , Highway Commercial LAND USE: Duplex Residential r -2- 7-24-84 P .C. a 4. 0 • ENVTI RON MENTAL STATUS: Use Permit No. 84-34 is categorically exempt, Section 15303, and Conditional Exception No.' 84-25 A & B is exempt pursuant to Section 15105, Class 5 of the California Environmental Quality Act. No environmental assessment is required, 5.0 ISSUES AND ANALYSIS As the consideration of the use Fermit is tied with the acceptance of one of the alternative plans submitted:, it is appropriate to outline the two plans, specifyingchow and to what extent they deviate from the Ordinance Code: Conditional Exception No. 84-25A (Plan with parking ,to the rear of the building) o Parking; Site plan shows four parking spaces in lieu of five required for automobile repair garage or ten required for commercial building. There are problems, in addition, with the four that are provided. One is located completely within a required landscape planter and would be immediately adjacent to the sidewalk. Three are located within the building , one of which, if occupied, would block the only access into the garage area. They are not designed it a manner that would insure their availability as true customer and employee parking and not for use as se5vice bays. o Exterior Side Yard Sekliack: A 40 foot setback from the centerline of Cypress Avenue is required pursuant to the District Maps; this translates into a 13 foot setback from the side property line. The site plan shows the building with a 10 foot setback, a three foot encroachment. (it should be noted the site plan' s dimension for th. Cypress Avenue right-of-way is incorrect; the distance to the centerline of Cypress Avenue is a total of 27 feet including the additional seven foot dedication.) o Sight Angle: One-third of the building footprint encroaches into the; sight angle requizement, preventing visibility of the i adjacent site. o Perimeter Landscaping : Minimum 10 feet of perimeter landscaping has been completely eliminated for fourth parking space, as mentioned above. Ctinditional Exception No. 84-25B (Plan with parking in front of bui4.ding , adjacent to Beach Boulevard)' o Parking: Site plan delineates seven parking spaces; five are require:: for an automobile repair; garage and ten are required for commercial building. Of the seven, three are located within the building with the same inherent problems as described above -3- 7-24-84 P .C. for this arrangement. One is a compact space, which is not permitted by code for this size parking lot. Exterior Side Yard Setback: A 13 foot setback, from the side property line is required. The site plan depicts a six foot setback for the building, a seven foot encroachment_. o Perimeter Landscaping : Minimum ten foot width of perimeter landscaping along Beach Boulevard and Cypress Avenue has been reduced to six feet for both streets. Parking lot as shown on plan encroaches four feet into landscaping; however, additional landscape area would be lost because the radius dedication for Beach Boulevard is incorrectly shown on plan. It is- apparent from the list of code deviations for either of the plans i submitted that the proposal is not suitable for the site. It is too 1 intense a use for the site and would not operate smoothly. Lack of J adequate, accessible parking , lack of adequate setback and landscaping would pose- a significant problem in the functioning of the business, would create congestion .and parking problems and would have a negative f impact on the appearance of the community. Neither of the two plans is a workable alternative for the site. j 6.0 RECOMMENDATION; Staff recommends the Planning C')mmission affirm the Board of Zoning Adjustments` denial of Conditional Exception No. 84-25 A and B, and Use Permit No. 84-34 based on the following findings: ee FINDINGS FOR DENIAL (CE 84-25 A and B) 1. The granting of the conditional exception would constitute a special privilege inconsistent with other properties in the vicinity' and under identical zone classifications. . 2.` Th<- granting of the conditional exception would be injurious to tht :onforming property and improvements in the neighborhood of the subject property. 3. The granting of the conditional exception would adversely affect the rcneral Plan of the City of Huntington Beach. FINDINGS FOR DENIAL (CAP 84-34) 1. The plan for the use permit requires the approval of Conditional Exception No. 84-25 - Alternative A or B, which has been denied, t therefore, the use permit must be denied also: 2. The granting of the use permit would adversely affect the General Plan of the City of Huntington Beach. 4. The granting of the use permit would be injurious to the property and improvements in the vicinity of the use. -4- 7-24-84 - P.C. 5. The establishment and operation of the use would be detrimental to the general welfare ofpersons residir.9 or working in the vicinity. ` ATTACHMENTS: 0 1. Area Map 2. Planning Commission Resolution No. 1311 3. City Council Resolution No. 5310 4.- Chronology of applications 5. Board of Zoning Adjustments notice of action ��JA:j lm 0973d I i f t k 5 7-24-84 P.C. • AYh Higgins, Livengood, Porter, Schumacher, Mirjahangir NWE None ABSCIT': Winchell, Erskine L A6Si1'AIfl None x'S+ The Chai.man called for a 5-minute recess. Commission reconvened_ac 10 .. 0 P.N . CONDITIONAL EXCEPTION NO. 84-25 A & B/USE PERMIT NO. 84:-34 , APPEAL Applicant: Phil Zisakis Appellant: Councilman Robert Mandic Use Perni. t No. 84-34 was filed to permit the construction of a 2 ,000 square foot commercial building for use as a glass shop, including the installation of auto glass, pursuant to Section 9472 . The Conditional f:xt-r,f,tion has been submitted for two alternative plans, both which involve ,.uraerous deviations from the Ordinance Code. The Board of Zoning Adjustments denied the 'requests on June 27 ,,1984. Councilman Robert Mandic appealed this action. Staff informed the Commission that Mr. Zisakis' property was. located within the Oakview Redevelopment Area and that there were possibly plans by the Redevelopment Agency to consolidate and issue condemnation procedures. `l',he ­�_lblic nearing was opened. Phil Zisakis stated that he has bee!i working with the City over a five-year period with various ar.- 1 iCatrons and that tie Celt he was at the same position as he was t,�o years ago.> He sur4gE-stPd that Plan B was the test plan. He said that he is in a t very .-ompetitive business, khat he has a small lot and ho has spent in r the neighborhootl of $8 ,000 to legalize the lot. He saw no progress in atteapting t,) ol:ta .r2 the vacant land next to his property (the Walkpr p;ren,erty) tie further stated that exposure on Beach Boulevard was very imp tint to the survival of Nis business. John Kel'ls,, an architectural consultant aired by the applicant, ctated that c,e has nevf�t seen such patience as Mr. Zisakis has displayed with ttie City aad admired him greatly for this. He said that he has been involved with the project with Mr. Zisakis for the last five years. He agreed that the piece of property is question was a difficult piece to work Aith however, it remains a legal building site. He requested that if the C ommissi , n could not agree on Plan A or B that the applicant be allowed to go back to the BZA and work with staff again to revise his plans The public hearing was closed. Commissioner Higgins asked for clarification on proposed redevelopment action. Mike Adams stated that there was preparation underway of a resolution of necessity for the August 6, 1984 City Council meeting rnit_irt :ing condemnation on tree applicant's property in conjunedion with the :,fa,tker and Robinson properties. Commissioner Schumacher asked if this was done was these a possibility t' nt Mr. Zisakis could acquire the property. Mr. Adams answered that they would need to evaluate the P scope of that possibility, Mr. Adams added that Mr. Zisakis' property was tieing coniidered for condemnation with possible inclusion into the Chatter Centro complex , but in that 'event the City would; approach him and provide him with an alternative s; te. -9- 7-29-84 P.C. ::omm:ssif)ne : Livengood stated that he was concerned with the two plans submitted by that applicant with their deficiencies in parking , setbacks aid landscap 4 ng . _ Commissioner Schumacher stated that she did not: heliove that -.he City shout; leave the applicant "flanging" for the next � four years. Chairman Porter asked if it was possible to put a conforming , business on a parcel of this size. Mr. Adams answered that tie Believed that rhis parcel was similar in size to the "tube and Tune" parcei receutly approved,. Mr. Georges stated that the Commission could wait until after the August 6 City Council meeting to take -action. 'Commissiongr Higgins stated for the record that he was not in favor of this type of development on the site. ON MOTION BY SCH11Mi\C:HER AND SECOND BY HIGGINS THE B'ZA DENTAL ACTION ON CONDITIONAL 11XCEPTION NO. 84-25 (A AND B) WAS UPHELD, WITH THE FOLLOWING FINDINGS, BY ThE FOLLOWING VOTE: FINDINGS FOR DENIAL (CE 84-25 A and B) :- l. The granting of the conditional exception would constitute a special privilege inconsistent with other properties in the vicinity and under. "identical zone classifications. 2. The granting of the conditional exception would be injurious to the conforming property and improvements in the neighborhood of the subject property. 3. The granting xaf the 'conditional exception would adversely of f e«:t the General Plan of the City of Huntington Beach. AYES: Higgins, Lzvengood, Porter, Schumacher, Mirjanangir 1JOFI ?done ABSEN,r. Winchell, Erskine A BSTA114: None ON MOTION BY SCHUMACHER AND SECOND BY HIGGINS THE BrA DENIAL ACTION ON USE PERMIT NO. 84-34 WAS UPHELD, WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING COTE FINDINGS FOR DENIAL (UP 84-34 1. The plan, for the use permit requires the approval of Conditional, Exception No. 84-25 - Alternative A or B, which has been denied, therefore, the use permit must be denieu also,. 2. The granting of the use permit would adversely affect the General Phan of the City of Huntington Beach. 3. The granting of the use permit would be injurious to the property and improvements in the vicinity of the use. 4. The establishment and operation of the use would be detrimental to the general welfare of persons residing or working in the vicinity. -10 7-24-84 - P.C. The proposal is deficient in the following areas:, parking exterior side yard setback sight angle encroachment lan cis ca pi ng AYES: Higgins, Livengood, Porter, Schumacher, Mirahangir .40ES: None ABSENT: Winchell, Erskine ABSTAIN: None ZONE CHANGE NO. 84-1.2 Initiated by City of Huntington Beach A regoest to permit a change of zone from R2-PD-14-CZ to RI-CZ on 5. 33 i res of property located at the southwest corner of Los Patos Avenue and Bohsa Chica Street. Staff presentation was made The public hearing was opened. Seeing there was no one present to speak for or against the i.tem, the public hearing was closed. ON MOTION BY LIVENGOOD AND SECOND BY HIGG'INS ZONE CHANGE NO. 84-12 WAS I.PPROVED AND ?ECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE A.YE,S: Higgins, Livengood, Potter, Mirjahangir NOES:' None +,BSENT Winchell, Schumacher, LLsk.ine ABSTAI14: none zoNE: rHANGE NO. 54-13 T ni tia'ted by City of Huntington Beach j P request to permit a change of zone from R1-CZ to RA-CZ on 10 .77 acres of property located at the southeast corner of Los Patis Avenue and Bolsa Chica Street. Staff presentation was made. ` The t)ublic hearing was opened. Seeing there was no one present to speak for or against the item, the public nearing was closed. ON MOTION BY HIGGINS AND SECOND BY MI.RJAHANGIR ZON;, CHANGE NO. 84-13 WAS APPROVED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE AXES: Higg :ns, , Livengood Porter, Mirjahangix NOES: None P.BSt*NT: Wincheli, Schumacher, 'Erskine AOSTAIN: None :ODE AWNDME;NT NO. 84-.14 .Initiated by City of Huntington Beach A proposed alaendmeht to delete Exhibit B from Section 9792.11, Landscape and Scenic Corridors, of the ordinance code. Staff made ' _;ll_ 7-24-84 - P .C. RI _ RI RI R } 1 R2 ^CF—_E $ 'Yl(��----^R^—��-_✓¢ Rtt :a r t( �C4,w) H wy I R2 'n C4 q c � R1RMl R3y :4 m� .,^� » R�,•-- ....-.--,..,,�"*"'s."'�F22 R5 .� .__...:.._. "`., _ ..-� �yS'� _r,T�"•........ - --°.,S RI_"'aal..�.�._ �.._,...�...-�� �E ,�A {{jam I MI s f.1 tH y C4•#� ��^�Y` 1 R Si { AM5RF gQ4_Y OX)Rl C', R2= } 1 '. Mt .M1 r {,-.I RZ-iv RfA RI 11R, a! � ' (� I ..�R.._�� _, i _ u r GF R a v _ r___ a 2 � ti R 2 0 R 2 Wz R' a� Jt. 1Y- RI l Rl a� . •.k .w;..... mash'. f � u F# R3 n C4 4 '� '� - � Sian•w tin' 3t3 "�; � � t• - k n n § CF_E ; 1 ,Rt Rt> tR! �� r RI PO fx Ri kY Rt R3 - -. -{ {w tR5 ! l wi t r4. °• i I S�"tiJ f� •���` K 1 P _ r HUNTINGTQN.RFAtki HUNTINGTON BEACH PLANNING DIVISION DESOLUTTON NO. 1311 aw RESOWTION OF THE PLANNING MiMISSION OF THE CITY OF HUNTINGTON E3EACH REC01-I:iENDTNG CONSOLIDATION OF PROPERTIES WTTHIN THE OAKVI01 REDEVELOPMENT PROJECT AREA WHFRFAS, the Planning Commission of the City of Huntington Beach on July 19, 1983 approved applications for the development of a 395,nOb + square foot commercial/office complex on thirteen acres of property located on the southwest corner of Warner Avenue and Beach Boulevard, and WHEREAS, th6 subject development is Located within the Oakview Redevelopment Project Area, and WHEREAS, it is the intention of the City: of Huntington Belch through redevelopment to remove existing bliuht and improve the physical and economic well being within the Oakview Redevel- opment Project Area, and WHEREAS, the Planning Commission found during the publir hearing can the aforementioned project that consolidation of all property borderL;d try° Peach Bc o l evard, t,�arr or Av(- ,nue, Ash Street,- Svccit9nr-,- Avenue, F:lr Strout acid Cjrprces a i t't'IiElf into one inteci at d is o jed't would root the intcnt ior-s of thr- Redevelopment W Flan ind facilitate_ good planning for the -irea. NOW, I:fERFFOPE, BE 1 PESOLVtu D, that the Pl:inninq Com Tmission of the city of Hunt;n:tt cnz Beach i kijv znuw ends that the City of Huntington Beach Redevel -rent Agency* do eves vthing in its power to promote the develor ;cent of one integrated project within the aforementioned area. PASSED AND ADOPTED by the Planning Commission of the City of Huntington Leach, California, on the 6th of July , 1983, by .the following roll call vote: AYES Winchell, Livengood, Porter, Erskine NOES„ 11oncY ABSENT: Higains, Schumacher, Mir;ahanoir ABSTAIN: None ATTEST: dames W. Pala.n, Secretary Marcus Porter, Chair I RESOLUTION NO. 5310 A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RECOMMENDING CONSOLIDATION OF PROPERTIES WITHIN THE OAKVIFW REDEVELOPMENT PROJECT AREA WHEREAS, the Planning Commission of the City of Huntington Beach has approved applications for the development of a 395,000 square foot commercial/oEtice complex on thirteen, acres of property located on the southwest corner of Warner Avenue and Beach Boulevard; and The subject development is located within the Oakview Rede— velopment Project area and It is the intention of the City of Huntington Beach through redevelopment to remove existing blight, and improve the physical and economic wellbeing within the Oakview Redevelopment Project Area; and The Planning Commission found during the public hearing on the aforementioned project that consolidation of all property bordered by Beach Boulevard, Warner Avenue, Ash Street, Sycamore Avenue, Elm Street and Cypress Avenue into one integrated project would meet the intention;; of the Oakview Redevelopment Plan and facilitate good planning for the area. NOW, THEREFORE, BE IT RESOLVED, that .the City Council of the City of Huntington'Belch recommends that the City of Huntington Beach Redevelopment Agency do everything; in its power to promote the development of one integrated project within the aforementioned area. PASSED ANr ADOPTED by the City Council of the City of Huntington Beach at a. regular meeting thereof held on the 19th day of September 1983. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: v } City Administrator )fDi�rectorof Development r Services i i 2. t'��r��.��-r11.r�c•11 r�r�.�T".t,tr1'd•1P(�d'1� — 1'(11 z, ;-T`�feF•�>�, Tir`.'o r1 rfr- The followinq rel Tesonts various filod by Mr.. Zisakis: 1) Fr?karuary 6 , 1980 2615 S1. f frlrterc al bT1il73in=,. Pit;`110t `•i,.r, ft:rther 1.'i'occssin-i 11y4""1 11C! rr;11fo:�7i ..3 to base distri,.t rE' :iIla i-),Is 2) March 25, 19ROTn? t - C 1_So'! site 1t1z„ ;117''it iz-..t-,IS Ic;7,T1if :' r13•'1 not b ,,a1} 1 i 5ar_,.1. 1 �� ��i i f t s `y i i �• — T s r 1`x i al n 1 ( �}..�`�r1 P, +,7 ..� �i 7•: .1 ....7 T.'u r" .. ''1 a,may.i w t.!.1; iSi'..1.�. r`''T1c I n do: Lion of aroa. ACT ",1 "'l ic.1+ I '11 w;js r• 1eCtr,I „nt i 1 11or ,i i z . f ns cif tho State Map girt c,,,evo so , ". "I"d. 4) i•karc;h 26, 1982 at iv.' , F�1:" •. 1 '3'1i 4o. ",)n6i r i nna l The abr>"", 1.111"f l* ,11,o 1 1 cat 1 rns v k rp i i 1(Ifl on his dato S) May 7, 1982 Usr 1','t T11t No 8 -1 Aw vl icanL- ropwstod that appli.cation b- ru*nfl inued unf i 1, -if ter i`lanr.inq t ;.n1Srin11 tLC. it111 c11 TFiT2-S.SG and CE 32-02'. �Phil Two S y 7 , ? r t ) ! t : {`I,2I nin atl. jpf*t3F Yay.7 Ft* '.my 2n, 19'43, f]erieU. 6) may 2", , 19R2 7\1'111 lrr„? Plannin X W''�.,,'rt2S71r:*1`G 'Ien1ca1 action t:o r~; t.xr Coun£-i1. A i • ' ti )'° Ci! C<'`.1.^:-"t-i `)`.!r,d. a:r...: I 13T?211,'I l :Xn3 82-1) at t-heir 7) November 1 , 1982 :�yd. �(�io '''t?k' "?E-w plr-,!=;--,'I -,, ,,tfnf. I"Irl by £:ifs, ram, ,,, iI < r 3 nYn:-r 2=-R2 8) tkO*.eTrIv i- 15, l q R? +.i.., •.£, r.� T..;r, 7r�..,�_ ,,,,,.ly 1.-+_. I, a.a t73's .. ::1 ..{ r'7?�w,,..�• � ,� 'lit €.f1..2!� ;;K'�'�.Lt'rir.L+?n xnt l . ' I . 16-e flan is rf-. iso,l t't>quosl:!n4 -o 7€'•f .2'f Ci'ts# rirG 2) cnit'ptpu.'1:l£`T 19, 19ill, W.'TI N (:i"k.y Paso uk inn 5110, ca I t i n,i for one inLeorated proxect f :-,r site. 13) March 6, 19R4 ACT I,!{4; Pl:-XnttiWw CCIti^tissi-on approtw s Charter C,.,n :ro proie,::r, which pro idr�s for £uturx. cir'c tilation" Pr`tGic? "'hrt�c� 1:3) March 6, 1984 (cant- .) [: C pr s'—, wPh cans-lidition of t:• lr: d ((-(-ir,(.,rcial porti n only) . R 1L,ortson and with c,)op,� ratlon of Lichter. (Soo Af.:tachrirnt. ?) , 14) April, 1984 f i lcs 17nn<?it Tonal fr cc f't-ii+il lnCl Uqf '> F'r�ZS' i t i ?j`11 i on t o k, lv-a r=I by B,c.)a l r,l 7nni.n,i t'#CUusf:r'c'nEs, c Pt;bi i sh /2.3/84 NOTICE OF PUBLIC HEARING APPEAL TO PLANNING COMMISSION'S DENIAL OF USE PERMIT NO. 84-34 & CONDITIONAL EXCEPTION NO. 84-25 A & B NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Hunt'i'ngton`Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Tuesday the 4th day of September , 1984 for the purpose of considering ,an appeal filed by Councilman Robert P. Mandic to Planning Commission's denial of Use Permit No. 84-34 and Conditional Exception 84--25 A ;& B. Use Permit No. 84-34 is a request to permit construction of a 2,000 sq. ft. commercial building. Conditional Exception No. -25 A is, a request to permit a reduction in required parking, encroachment into exterior side yard setback, sijht angle encroachment, and reduction of and parking encroachment into required perimeter landscaped planter area. Conditional Exception No. 84-25 B is a request to permit compact parking, encroachment nto exterior side yard setback and reduction of and parking encroachment into re- quired perimeter landscaped planter area. Subject property is located at the northwest corner of Cypress Avenue and Beach Boulevard and zoned C4, Highway Commercial Dstrict, This project is categorically exempt pursuant to S. 15303 and 15105 of the California Environmental QualityAct and no further environmental assessment -is required. A legal description is on file in the Department of Development Services, All interested persons are invited to attend said hearing and express their opinions for or against said appeal Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach. California. 92648 - (714) 536-5227 DATED /84 CITY OF HUNTI:NGTON BEACH By; Alicia M. Wentworth City Clerk LEGAL NOTICE USE PER NO. 84-34 ¢- CONDITIONAL EXCEPTION NO. 84-25 A & B Notice is hereby given that a; public hearing will be held by the -City Council of the City of Huntington Beach, California, for the purpose of considering the Planning Commission's denial of Use Permit No. 84-34 and Conditional Exception No. 84-25 A & B Use Permit No. 84-34 is a request to permit construction of a 2,000 sq. ft. commercial building. Conditional Exception No. 84-2:5 A is a request to permit a reduction in required parking, encroachment into exterior side yard setback, sight angle encroachment, and reduction of and parking encroachment into required perimeter landscaped planter area. Conditional Exception moo, 84-25 B is a request to permit compact parking,, encroachment in o exterior side yard setback and reduction of and parking encroachment into 'required perimeter dscaped planter ar This project is categorically exempt pursuant to S. and 15105 of the California Environmental Quality Act and no further environmental assessment is required. ubject property is located at the northwest corner of Cypress' ' Avenue and Beach Boulevard and zoned C4 , Highway Commercial District. Z4PA legal description is on file in the Department of Development Services, For 9-04-84 City Council NEW 165-364-01 165-364-02 165-364-03 Huntington Beach Co. Katella Realty Leonard Lichter 2110 Main Street 1741 W. Katella Ave. 17111 Peach Blvd. #212 Huntington Beh. ,CA 92648 Anaheim, CA 92804 Huntington Bch. ,CA 9261t 165-364-04 165-364-05 165-364--06 Thsai-Ten Lin Geneva Walker Patsy Lilly:, 6821 Scenic Bay L-n. 1712.2 S. E?.,n' Street 7931 CypresS Avenue Huntington Bcn. ,CA 92548 Huntington Bch. ,CA 92547 Huntington Bch. ,CA 9264 165-364-07 165-283-01 165-283-02,03 Gerald .Robertson Tom Otto Marcelino Jiron O- 15431 Vermont St . 1475 S. State College P4k*QABox 186 We-3tminster, CA 92683 Blvd. , Ste, 1.04 Lakewgrrowhead, CA 9237 Anaheim, 'CA 92806 165-283-04 165-283-05 165-283-07 Donald Jones A,R. Evans c/o W.E.,Fischer Daraka Griaugue 1131 Beach Blvd, 101 Shore Cliff Drive 17172 Elm Street Runtington Bch. ,CA 92647' Corona del Mar,C,, 92625 Huntington Bch.,CA 92.61, 165-293-06 165-283-08 167-324-2 0 Ruben Alvarez Audelia Duarte Gen. Bap. Church of vc( i 17162 E.lm Street 17190 Elm Street view c/o 'D.L. Dickey Huntington Bch. ,CA 92647 Huntington Bch. ,CA 92647 17101 A Street I. Huntington Bch. ,CA 926" I 167-324-•�11 167-325-15,167-325-16 167-325-17 4arner .Beach Co., Inc. California First Bank Betty King _4.400 W. Westminster Ave. Site Location Division c/o T-aco Bel? #283 Santa Ana, CA 92703 11. 0. Box 131.1 1011 Stemmons Tower -Soi San Diego, CA 92112 Dallas, TX 75207 165-283-02.03 Marcel i no Ji r•on a.r . Box 186 Lake '-;rowiheati CA Cr / V1C l `�v IG�cI� � f[G'4tr �ict� Publish 8/23184 i NOTICE OF PUBLIC HEARI'!G - cV� C,tiV�c APPEAL TO PLANNING COMMISSION'S DENIAL Of USE PERMIT NO. 84-34 & CONDITIONAL EXCEPTION NO. 84-25 A & B NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. or as soon thereafter as possible on T, s ay the 4th day of September 1984 for the purpose of considering an appeal filed by Councilman Robert P. Mandic to Planning Commission's denial of Use Permit No. 84-34 and. Conditional Exception 84 .25 A & B. Use Permit No. 84-34 is a request to permit construction of a 2,000 sq. ft. commercial building. Conditional Exception No. 84-25 A is a request to permit a reduction in required parking, encroachment into exterior side yard setback, sight angle encroachment, and reduction of and parking encroachment into required perimeter landscaped planter area. Conditional Exception No. 84-25 8 is a request to permit compact parking, encroachment into exterior side yard setback and redaction of and parking encroachment into re- quired perimeter landscaped planter area. Subject property -is located at the northwest corner of Cypress Avenue and Beach Boulevard and zoned C4, Highway Commercial District. This project is categorically exempt pursuant to S. 15303 and 15105 of the California Environmen,�,a7 Quality Act and no further environmental assessment is required. A legal description is on file in the, Department of Development Services. All interested persons are invited to attend said hearing and eXpress their opinions for or against said appeal Further information may be obtained front the Office of the City Clerk, 2000 Main Street, Huntington Beach.WWTOW 91Wkb - (714) 536-5227 DATED DEVE2.OMENT SERVICES &�l71� ►`ITY OF HUNTINGTON BEACH 1Or 12,4 t By: Alicia M. Wentworth City clerk P.O.Box 190 qfnn Btachi CK g2648 .v`3' w` i" &..�2�'ir`�L- Wt�LL'U4; Gr 4'YR.'.,ti"*": "•r"�-a � � a�t :�, i �ij++ T.,,,�y;�••. '�}�., �! 'Zr. i'+B„"r,>r,{v��Gtff c ''� • , :E �" �d�'�- y=:.��3a� ='�:,�,.M•. �.� Jb@��r7j,.+,. Y`.a� ;1u, �+t`..,�,;�ti�tr'� ).` ,.'�'r�=-�:: '�'i�`a r_A .f,.. ., 2�'l ` "�^ � +:?, .�i a�`ir::�,«^.f"' a- � `^ '#R�"a`�•= .. •tw �s �y�'�;'t�!`�v, L.,F� Y�.,,a�',�"-�"' +,�}:" �;,�.aa,< .t''.`�.v�`k� J . "y:�,t', +tip;� w jkS a "k1 pz. t,- �....i: 1A• �r R.', Rt+: M1w y- bi^` .y r 4 n.wl. '+�'..skr , ,= t k�"�'�,� r� µ•'��3.;...f�� „z '�` 4. ,�—k�_,� � Y �,.y,''� �r..,.,�.. .���,._� ..^.�.:..�?'S;., ,7.�'e��"+a„-z -e .+�..,,`,r - �. .s - ^.i',e b �• cavr.elC �,.T� -n��� ..'�!l'�'t. .3'. M; L� .1 .r._.:.a ���«o. {ow...�.�..4..i.,..�........+wda.m...�w:.r.uy-.Ya...w'w�+,es�.....•....�..•.y...++'� -r rl C ' r^ J i ,..; �«_'�n ,� -.�t� -� :t fkaat,.1 a..,..:,.1 ..:.. y���0't.,""' ... �w:+•,+t `fB.T'f+t 'IIia'°.'. "'f`i�.. (.r"r ut`.. ,t.;#��5+ �« `��??s a '�$'.' �#t 'o-. "^." �'.' �.,+Gs. s�r ',t."-.c °!E ak7x ��.?`t'4.'g�7 tik�k.r im'' :y,'s ,"�,�'l,r. .t'"��i= �e T"�'�.. �r •a.�a _ l n .,.a Y r.;�? ���e - _ �. ,,� J. +• � .•,� �..-� .� 4, :i � 3. ii .o- jam° , � �. 66 y a ft� �, � - t �, a a .' .�.e' 'c;p,k�,r`' s:;� .'iy`r, "t^.,�w t�r.,.':w�r': f!'��,x?��.. {s. 4�-.. r .'�2' ¢ifi �:� ii'x.. �iS o�.,� '':T.+ :.��4 t� #" ' .'rF, ��„`''�I+i •F a- .yR . M s� x � 1� „ � Y �td-�� rya• s d �S".' �`'4 .u9*,. irl W �.,. -�ti"`��� -� ���ew+k$*/x��.k.�t+c?Q`; -`�i¢'�l�$.'g.E",�i �a 7:e�='w���`ti= x.�.: ��'+.....'+"y.�`:�1�'``k4" ,1... a% ��:,�"�•'�s;�r�,T,r�.�,+t!�,,,a� 4'z: ,K ? r.-�. �,�-- - � n Z7' J �v � 07 A 36 -,j { 107` /10i1 FC'Cc-c 2 9974 ��- u � � �E� r o iT y STATEMENT OF THE ACTION OF THE CITY COUNCIL Council Chamber,- City 'Hall Huntington Beach, California Tuesday, May 21, 1985 Mayor Bailey called the adjourned regular meeting of the City Council of the City ;or Huntington Beach to order at 7:30 P.M. Present: Relly,MacAlliFter, Mandic, Bailey (Finley, Gree arrived 7.30 P.M.) (Thomas arrived 7:40 P.M.) Absent: None r**,t*rt.t*�t�x,kr**�t�*t�*��t�*�*�ta***t•�*,E�tk***�*�;.n*�,t***�r�**�****,tt.�***�***ask*****�i.*�:aar�*v:** PUBLIC HEARING - APPEAL TO PC DENIAL OF CUP 84-36 AS REVISrD - OVERRULED PC - APPROVED CUP 84-•36 WITH FINDINGS • CHEVRON USA -- The Mayor €-,pounced that this was the day and hour set for r public hearing continued opera from May 6,_1985 to consider an appeal filed by Fred; Fiedler 6 Associates, on behalf of Chevron, U.S.A., to the Planning Commission's denial of Conditional Use Permit No. 84-36 to permit the conversion; of an existing service station's automobile repair bay to a convenience market on a 0.61 acre site at the southwest corner of Main Street and Beach Boulevard (16501 Beach Boulevard) Revised plans considered by Planning Commission on 5/7185. The Development Services Director stated that based on the revised plan submitted, to the Planning Commission- staff now recommended that Council overrule the decision of the Planning Commission and .approve Conditional Use Permit 84-36, subject to findings and conditions of approval as set .forth in the Development Services Department's transmittal dated May 9, 1985. Sit; Lopez,; applicant, stated that he agreed with the proposed: c of approval. There being no one present to speak further or. the mar ter and the, no protests, either oral or written, the hearing was closed by the Mayu,. A motion was made by MacAllister, seconded by Kelly, to appro-r fJlo,?Vt'.cnal Use Permit 84-36 with the follos.'ing findings and conditions of Findings for A Eoval 1.. The service-statianfconvenience market will not have a detrimental effect upon the general nealth, welfare, safety and convenience of persons residing or working in. the area nor by detrimental to property values or improvements in the vicinity. 2. The proposed- use is in conformance with the City's adopted. Ger.--al Plan. ;4. The proposed use is compatible with. existing or other proposed or artic .pated uses in the area. 073 � Page 2 - Statement. of Action 4. The proposed location, site layout and design will properly adapt the -site to streets, driveways and adjacent structures and useu in a harmonious manner. 5. The proposed combination and relationship of uses- on tha site are pror'.rl.y integrated. 6. The proposed access to and parking for the service station/convenience market will not create traffic or circulation problems. Conditions of Apprcvalc 1. The site plan dated May 2, 1985 and the floor plan and elevations dated January 27 1985 ,shall. be approved, with the following modifications: a. The Main Stree' shall be redesigned its conformance with Public. Works an No. 211R b. Striping shxaa :ovided on the site to indicate the directional flow of the pump i0ands. C. All perimeter landscape planters shall be a minimum. of tenfeet ,wide as measured from their inside dimensions. d. The air/water service area shall be relocated to the side of the building and shell be 'properly striped. e. Landscaping shall. be provided to the rear of the building`- to include some lare.e palm trees than will be visible over the roof of the building 2_ All signs are subject to separate permits. A planned sign program shall be submitted for approval by the Director prior to the issuance of building permits 3. The Itiel operations at the site shall be designt•d and rayed out for set-f -service, however full sex-vice shall also be available upon request. 4.. An attendant shall be on ,the site during all hours of operation directing traffic circulation to ensure safety. 5. Architectural treatment chall be provided for the building in order to make it more attractive and c.rmpa'tible with the net: shopping center to the south and the recently remodeled :.hopping center to the vest. The design shall be subject to the approval of the Director of Development Services. 6. The project shall conform 'to all applit-table provisions of the City`s Ordinance Gode and all ,building division requirements. The motion 'carried by the £olIpwin; roll call vote:` AYES: K4 lly, Fachllister, Mandli_: Bailey, Finley, Green NOES: None NOT v01ING: Thomas ABSENT: Norte pageY3 - Statement of Action !� Mayor Bailey adjourned the adjourned regular meeting of the City Council of the City of Huntington Beach at 10:30 P.M. to, 7:00 P.M., Tuesday, May 28, 1985 in Room B-8 Civic Center Complex. Alicia M. Wentworth _ ' City Clerk and ex-officio Clerk of the City Council of.' the City of Huntington Beach, California ATTEST: Alicia M. Wentworth Ruth Bailey City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) City of Huntington Beach ) . I, ALICIA M. 4'ENTWORTH, the duly elected and qualified City Clerk of the C-ty of Huntington Beach, California, do hereby_certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their adjourned regular meeting held on the 21st day of May, 1985. WITNTESS my hand and seal of the said City of Huntington Beach this the 31st day of May, 1985, Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Deputy � s EXCLUSIVE NEGOTIATING AGREEMENT BY AND BETWEENHUNTINGTON BEACH REDEVELOPMENT AGENCY AND PHIL ZISAKIS THIS EXCLUSIVE NEGOTIATING AGREEMENT ("Agreement") is made and entered into this 15th day of November ,_ 1982, by and between the Huntington Beach Redevelopment Agency, a public body, hereinafter designated as "Agency", and Phil Zisakis, the owner of property at 17204 Beach Bouievard, hereinafter designated as "Participant". RECITALS i_ In furtherance of the objectives o<. the Community Redevelopment Law of the State of California, the Agency is desirous of promoting the redevelopment of those certain parcels of land ("Site") located within the Oakview Redevelopment Project, as shown on Exhibit "A" attached hereto. 2. The Participant owns Parcel 2 as delineated by Exhibit "A", and Parti- cipant'is willing to purchase Parcel 1 at fair market value from the existing , property owner, B. It is contemplated by tS7e parties to this Agreement that the redevelop- meet of the Sits will include both Parcels I and 2. Therefore, Participant shall prepare a development proposal which .ill encompass both parcels involved. 4. Participant is desirous of negotiating an Owner Participatior./Dispositicn and Development Agreement (the "Contract") with the Agency �o redevelop the Site to include, at a minimum, a 4,000 square foot commercial struct. -e which would; be useet primarily to house Participant's National Glass business. 5. Withreference co the Contract and the redevelopment of the Site, the parties recognize and acknowledge that the economics of the developmen'. end the feasibility of the Agency and the Participant entering into a Contract have not been determined to the satisfaction of either party and that the purpose of this.. E� Agreement is to allow Agency and Participant sufficient opportunity to determine development feasibility. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 6. Upon the adoption and subsequent effectuation of the Oakview Redevelop- ment Plan, and for ninety (90) days thereafter ("Negotiating Period"), Agency and Participant shall seek, in good faith, to negotiate a Contract for the development of the Site subject to a public hearing, as may be required by Law, and the exercise of legislative discretion thereafter. To this eri, the partie.- will use their best efforts to determine the economic feasibility of the redeviJopment of the Site and the extent of the partici-ation of Agency. Notwithstanding a;ty other provision herein, either party may, in good faith, determine that the redevelopment proposal is economically infeasible and that no alternative redevelopment proposal is accep- table and, upon written notice to the other, thereby termi+late this Agreement. In the event of such termination neither party shall have any rights or obligations with respect to the ether. Participant acknowledges that this Agreement sets forth the entire agree- ment between the Agency and Participant; and supersedes any and all verbal or writ- ten agreements which may or may not exist or have existed. It is recognized that i Participant has proceeded at its own risk in acquiring "arcel 2 and will continuS I . to proceed at its own risk in negotiating the acquisition of the Parcel l prior to the adoption of an appropriate Nner Participation Agreement which may,occur following the effectuation of the Oakview Redevelopment Plan. Participant speci- fically acknowledges that this Agreement creates no interest or right in real ' property rot currently owned by Participant and Participant hereby waives any right to claim such interest as a result thereof. _2_ �r thirty (30,) day'intervals from the date first appearing herein, Participant shall provide in writing a progress report to Agency regarding site plans, prospective tenants, time schedules, progress of negotiations with the owner of Parcel l and debt and equity financing commitments. In the event that Participant fails to provide any such written progress report, at the Agency's next regular meeting following consideration of such 30-day ,progress report, the Agency determines, in good faith, that the Participant has failed to make satis- lactory progress with respect to the matters set forth in this Paragraph 6 and/or toward the execution of the Contract, the Agency may terminate this Agreement- upon five (5) days written notice to Participant, and, except as set forth in Paragraph 11, the parties shall thereafter have no fu-ther obligation to one another hereunder and Agency may negotiate with any other persons for development of the Site. So long ;as the Participant has, in the sole judgment of the Agency, con- tinued to mace satisfactory progress toward execution of a Contract as required in this Paragraph 6, it is agreed that Agency and Participant will not unreasonably withhold agreement to extend the Negotiating Period. 7. Participant will , within thirty (30) days following execution of this Agreement, provide Agency with a preliminary development pro forma suitable for presentation to a construction lender which pro forma will include an estimate of costs associated with development or construction, anticipated income from the completed project anal a phasing plan with respect to the development. Follow- ing that thi,-ty (30) -i4y period, the Agency and Participan} will "mutually assess the feasibility of thk• development proposal and, if mutually agreed, a Contracts will be negotiated and considered by the Agency following a public hearing as may be required by aw.. -3- 8. Agency shall nu, negotiate regarding the Site with any other person or entity during the period of time stated above (or such additional extensions as may be granted by the Agency in writing and agreed to by Participant). if a mutually satisfactory Contract has not been negotiated and executed by Partici- pant and Agency during such period, then this Agreement shall automatically ter- minate at the end of such period (or as the same may have been extended). 9. The design and development objectives for the project shall be specified in the Contract and actual development shall be in conformity therewith. All draw- ings, plans and specifications for such development shall be subject to the approval of the City's Development Services Department, ;rhich approval shall not unreasonably be withheld or delayed, and %gency shall cooperate fully with Participant's pro- fessional associates in providing them with any information and assistance in con / nection with the preparation and execution of such drawings, plans and specifica- tions reasonably within the capacity of the Agency to provide. All plans for development shall be subject to the nor-Tal architectural review and City approval process. 10. , Participant agrees that therE shall be no discrimination against or segre- gatioo of, any person, or group of persons, on account of sex, race, color, age, marital status, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee establish or permit aoy such practice or practicEs of discrimina- tion or segregation with reference to the selection, location, number, use of occupancy of tenants, le_sees, subtenants, sublessees or vE .dees of the land. 11. Participant and Agency agree to provide each other with all related studies, analyses, site plans and all other work products that either have been under- taken or completed subsequent to the execution of this document and in relation to the proposed project during the term of this Agreement (or any extension of the -qr Negotiating Period as way be agreed to by the parties in writing). 12. This Agreement is not assignable by 'Participant without written approval of the Agency. Notwithstanding the foregoing, the Participant named herein may, upon written notice to the Agency, assign this Agreement and its rights and obli- gations hereunder to another corporation, partnership, joint venture or other entity with which Participant or 'its shareholders, directors, or officers are affiliated (an "affiliated entity") so long as Participant retains at least fifty percent (50%) of the profits and losses and completes operational and management authority. Agency understands that or tax purposes or for the econo- mic feasibility of the redevelopment proposal or for other reasons Participant may t;ish to assign greater than fifty percent '(50%) of the profits and losses and management authority and/or may wish to assign a portion of its inters-st' in this Agreement to an unaffiliated entity and the Agency agrees that it will not unreasonably withhold its consent to such an assignment or assignments. 1982. APPROVED'AND' ADOPTED this 15th day of November , ATTEST; Agency Clerk Chairman AJ-7PROVED AS TO FORM: APPROVED AS TO 'FOR1 t Agency Counsel STRADLING, YOCCA, C ON, RAUTH Special Redevelop�nnt Counsel INITIATED AND APPROVED AS TO APPROVED- CONTENT: QL xy Director, Business and Industrial Chief Executive Offi r Enterprise _5_; PARTICIPANT Date Phil -i• aki s ^a,y Attcrne, E ,. -6-'- /'•, �1l1,j I � �Ij fnl� J M 1 I �rtill r. t i 1[ ( x 4 R t tA It B CHr'HUNTINGI ,v P)-.ACH1 f.a r REQUES�1 6 REDEVELOPMENT ACFNC`l ACTION Date November 4, 1982 wJ14C Submitted to Honorable Chairman and Redevelopment Agency Submitted by: Charles W. Thompson, Chief Executive Offide 4 Prepared by: ffi ce of Business and Industri r.nterpri se Subject: NEGOTIATION AGREEMENT BETWEEN REDEVELOPMENT AG P -' N ZISAKIS Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE: Mr. lisakis is proceeding with a development proposal for a site within the Oakview Redevelopment Project Area. As you will recall, he recently appeared before the Council seeking approval of the parcel map which woull allow him to develop the lot at the corner of Cypress and Beach Boulevard. It was noted at that time that said development would surely preclude the development of the entire site as depicted on the attached map from developing to its full potential , as the remnant piece would have only 48 feEt frontage on Beach Boulevard and be surrounded by Mr. Zisakis' building and the existing structure to the north. The attached negotiation agreement is the first step needed to encourage Mr. Zisakis to expand his development proposal to incorporate both parcels.— Mr. Zisakis would not only attempt to develop a rational plan to insure the optimal development within the area, but would also commenc:, negotiations with the property owner of the adjacent site. Based upon these activities, if a project is found to be feasible, it is anticipated that within 90 days a formal development agreement would be drafted outlining the respective commitments of the Agency as well as the developer. RECO14MEPIDATION: Approve the Ncgotiation Agreement and authorize staff to cooperate with Mr. Zisakis in assessing the feasibility of the overall project. ANALYSIS: It is recognized that s primary resource that the redevelopment program can bring to the Oakview area is-an assurance of the consolidation of parcels where property is either blighted or underutilized, and the full development potential will never be realized without Agency involvement. While this is a relatively small project considering the scope of work that we are undertaking in this area, as well as other areas in the City, it illustrates the impertant role that the Agency can play in facilitating property development within the community. By incorporating ;berth sites into an overall development programs the full development potertial of the area will be realized, the maximum property values will be retained, and the overall area will be enhanced. by this project. No 4181 FUNDI14G SOURCE:. Not Applicable. ALTERNATIVES Do not adopt the Negotiation Agreement and not pursue the Consolidation of parcels `' in the area ATTACHMENTS: Negotiation Agreement CWTTT:jb