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HomeMy WebLinkAboutPublic Hearing to Consider Approval of Entitlement Plan Amen CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 3, 2005 Sam & Ana Talmood 6454 Marigayle Cr. Huntington Beach, CA 92648 Re: NOTICE OF ACTION — Nautical North Residential Development—Rear Slope Dear Mr. & Mrs. Talmood: The City Council of the City of Huntington Beach at its regular meeting held Monday, May 2, 2005 took action on the following Public Hearing: Public Hearing to Reconsider City Council's Denial on 4/18105 of Entitlement Plan Amendment No. 04-08 (Nautical North Residential Development—Rear Slope Modifications for Four Lots: 6454, 6455, 6464 and 6465 Marigayle Circle (Located at the Terminus of Marigayle Circle,West of Edwards Street, South of Ellis Avenue) Originally Filed by Applicant, Fred Tinker. Council approved Entitlement Plan Amendment 04-08 to permit modifications to the rear slopes of four lots within the Nautical North development with findings and conditions of approval. Enclosed are the action agenda pages 6. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, an L. Flynn ity Clerk Enclosure: Action Agenda Pages 6 Findings and Conditiions of Approval cc: Howard Zelefsky, Planning Director Scott Hess, Planning Manager Paul Da Veiga,Associate Planner Abe & Linda Rayhaun—6455 Marigayle Cr. Fred Tinker---6465 Marigayle Cr. Quyen Tran —6464 Marigayle Cr. (Telephone:714-536-52271 L, O CITY OF HUNTINGTON BEACH V" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 3, 2005 Fred Tinker 6465 Marigayle Cr. Huntington Beach, CA 92648 Re: NOTICE OF ACTION -Nautical North Residential Development-Rear Slope Dear Mr. Tinker: The City Council of the City of Huntington Beach at its regular meeting held Monday, May 2, 2005 took action on the following Public Hearing: Public Hearing to Reconsider City Council's Denial on 4118l05 of Entitlement Plan Amendment No. 04-08 (Nautical North Residential Development- Rear Slope Modifications for Four Lots, 6454, 6455, 6464 and 6465 Marigayle Circle (Located at the Terminus of Marigayle Circle, West of Edwards Street, South of Ellis Avenue) Originally Filed by Applicant, Fred Tinker. Council approved Entitlement Plan Amendment 04-08 to permit modifications to the rear slopes of four lots within the Nautical North development with findings and conditions of approval. Enclosed are the action agenda pages 6. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, oan L. Flynn ity Clerk Enclosure: Action Agenda Pages 6 Findings and Conditions of Approval cc: Howard Zelefsky, Planning Director Scott Hess, Planning Manager Paul Da Veiga, Associate Planner Abe & Linda Rayhaun --6455 Marigayle Cr. Sam &Ana Talmood -6454 Marigayle Cr. Quyen Tran-6464 Marigayle Cr. (Telephone:7 4Q-536-62271 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 3, 2005 Abe & Linda Rayhaun 6455 Marigayle Cr. Huntington Beach, CA 92648 Re: NOTICE OF ACTION --Nautical North Residential Development—Rear Slope Dear Mr. & Mrs. Rayhaun: The City Council of the City of Huntington Beach at its regular meeting held Monday, May 2, 2005 took action on the following Public Hearing: Public Hearing to Reconsider City Council's Denial on 4/18/05 of Entitlement Plan Amendment No. 04-08 (Nautical North Residential Development—Rear Slope Modifications for Four Lots: 6454, 6455, 6464 and 6465 Marigayle Circle (Located at the Terminus of Marigayle Circle,West of Edwards Street, South of Ellis Avenue) originally Filed by Applicant, Fred Tinker. . Council approved Entitlement Plan Amendment 04-08 to permit modifications to the rear slopes of four lots within the Nautical North development with findings and conditions of approval. Enclosed are the action agenda pages 6. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, n L. Flynn ty Clerk Enclosure: Action Agenda Pages 6 Findings and Conditions for Approval cc: Howard Zelefsky, Planning Director Scott Hess, Planning Manager Paul as Veiga, Associate Planner Fred Tinker—6465 Marigayle Cr. Sam &Ana Talmood—6454 Marigayle Cr. Quyen Tran—6464 Marigayle Cr. (Telephone:7 9 4-536-52z7) L� 0 CITY OF HUNTINGTON BEACH LC91j 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN May 3, 2005 CITY CLERK Quyen Tran 6464 Marigayle Cr. Huntington Beach, CA 92648 Re. NOTICE OF ACTION- Nautical North Residential Development- Rear Slope Dear Mr. Tran: The City Council of the City of Huntington Beach at its regular meeting held Monday, May 2, 2005 took action on the following Public Hearing: Public Hearing to Reconsider City Council's Denial on 4/18/05 of Entitlement Plan Amendment No. 04-08 (Nautical North Residential Development-Rear Slope Modifications for Four Lots: 6454, 6455, 6464 and 6465 Marigayle Circle(Located at the Terminus of Marigayle Circle,West of Edwards Street, South of Ellis Avenue) Originally Filed by Applicant, Fred Tinker. Council approved Entitlement Plan Amendment 04-08 to permit modifications to the rear slopes of four lots within the Nautical North development with findings and conditions of approval. Enclosed are the action agenda pages 6. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, J n L_ Flynn Clerk Enclosure: Action Agenda Pages 6 Findings and Conditions of Approval cc: Howard Zelefsky, Planning Director Scott Hess, Planning Manager Paul Da Veiga, Associate Planner Abe & Linda Rayhaun -6455 Marigayle Cr. Sam &Ana Talmood -6454 Marigayle Cr. Fred Tinker-6465 Marigayle Cr. ITelephone: 71433"227! (6) May 2, 2005 -Council/Agency Agenda - Page 6 D. PUBLIC HEARINGS ISM D-1. (City Council) Public Hearing to Reconsider City Council's Denial on 4/18/05 of Entitlement Plan Amendment No. 04-08 (Nautical North Residential Development—Rear Slope Modifications for Four Lots: 6454, 6455, 6464 and 6465 Marigayle Circle(Located at the Terminus of Marigayle Circle,West of Edwards Street, South of Ellis Avenue) Originally Filed by Applicant, Fred Tinker (420.40) Applicant: Fred Tinker Request: A reconsideration of the City Council's denial of EPA No. 04-08 on March 21, 2005, EPA No. 04-08 is a request to amend a condition of approval for the previously approved tentative tract map (#15960) by permitting modifications to rear slopes on four lots located at the terminus of Marigayle Circle. The modifications include construction of a five-foot high retaining wall topped with a one-foot block wall and two feet of view fencing in order to allow an extension of the usable rear yards ranging from approximately 12 feet to 30 feet in depth. Location: 6454, 6455, 6464, and 6465 Marigayle Circle (Terminus of Marigayle Circle, south of Ellis Avenue) Environmental Status: Notice is hereby given that this agenda item is categorically exempt from the provisions of the California Environmental Quality Act. On file: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday,April 28, 2005. All interested persons are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you maybe limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk. 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input,close public hearing Recommended Action: Motion to: STAFF RECOMMENDATION: Motion to: Approve Entitlement Plan Amendment No. 04-08 to permit modifications to the rear slopes of four lots within the Nautical North development with findings and conditions of approval (Attachment No. 1). Planning Director Howard Zelefsky and Associate Planner Paul Da Veiga gave oral reports. Open Public Hearing, 4 speakers, close Public Hearing, council discussion. Approved 6-- 1 (Cook No) FINDINGS AND CONDITIONS OF APPROVAL. ENTITLEMENT PLAN AMENDMENT NO. 04-08 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Ad (CEQA) pursuant to section 15301 of the CEQA Guidefines, because the project involves a• itiinor alteration to the topography of the subject properties. FINDINGS FOR APPROVAL—ENTITLEMENT PLAN AMENDMENT NO.0"8-. I- Entitlement Plan Amendment No. 04-M for modfioations to the rear slopes-of four single fancy residential properties resulting in an increase ranging from approximately 30 feet to 12 feet of increased usable rear yards,will not be detrimental to the general welfare of persons working or residing in the vidnity or detrimental to the value of the property and improvements in the neighborhood. The proposed mocGFications, as condtioned,win include substantial slopes that will provide a natural buffer between the adjacent pane site and the subject lots. 2. The conditional use permit will be compatible with surroundirig.uses because the proposed . retaining wall will.consist of quality materials which will be a�sthetrcally appealing when viewed from the regional park site. A substantial landscape buffer ranging from approximately 75 feet to 12 feet in width will be provided between the regional.park site and residential structures. 3_ Entitlement Plan Amendment No_04-08 will comply with thee-pmvisions of the base district and ether applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential, Low Density an the subject property_ In addition, it is consistent with the following goals and policies of the General Plan: a. Avoid building materials, colors, and construction elements that visually dominate their setting and contrast signific.-i rtly with the character of the neighborhood_(LU 9.1.2.b) b_ Include an adequate landscape setback that provides continuity throughout the neOc hborhood. (LU 9 21_e) The project, as conditioned, will be developed with a landscape buffer along the rear portion of the subject lots_ This buffer will allow for a natural progression between the adjacent regional park site and residences on the subject lots. Tt�#buffer will be developed with native plantings consistent with landscaping proposed within the regional park site. CONDITIONS OF APPROVAL—Enal-EMENT PLAN A ENDMENT NO 0448: 1_ The site plan and cross-sections received and dated November 3,2W4 shad be the conceptually approved layouL (04NOA0810) - Madwhad 1.1 2 Prior to issuance of boding permits for the retaining walls, a landscape and.irrigation plan shall be submitted to the Department of Public Works that identifies the proposed landscaping and ration within the sloped areas that is capable of preventing erosion. The landscape plan shad identify the native plants and low-dying shnAbs in accordance wfth the general development plan for the Harriet-M.Wieder Regional Park 3. AN landscaping and irrigation shall be installed prior to final inspection of the retaining walls. INDEMNIFICATION AND.HOLD HARMLESS CONDITION: The owner of the property.which.is the subject of this project and the project applicant if different from the property owner, and each of their heirs,-successors and-assigns,shall defend, indemnify and.hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim;action or proceedings,habirdy cost,ind4ftig'ambrney,'s fees and costs against the City or its agents,officers or employees. to attack,set aside;void-or annul any approval of the City, incuding belt not united to any approval granted by'the City Council, Planning Commission. or Design Review Board concerning this project, The City shal.promptly . notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof_ r {• 1 (OMOP"10) A achaw rt 1.2 CITY OF HUNTINGTON B MEETING DATE: May 2, 2005 DEPARTMENT ID NUMBER: PL05-14 Council/Agency Meeting Held: off. D ferredlContinued to: — (1� Approved ❑ Conditionally Approved ❑ Denied y C I e r S Sign ure Council Meeting Date: May 2, 2005 Departme Number: PL05-14 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION u• SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS -- SUBMITTED BY: PENE P—E�CBRET AT—, -CtAdministra r PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVE ENTITLEMENT PLAN AMENDMENT NO. 04-08 (RECONSIDERATION - NAUTICAL NORTH/ MODIFICATION TO REAR SLOPES) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On March 21, 2005, the City Council denied Entitlement Plan Amendment (EPA) No. 04-08 with findings for denial (Attachment No. 2). EPA No. 04-08 is a request to amend the previously approved Tentative Tract Map No. 15690 to allow modifications to the rear slopes of four single-family residential properties. On April 4, 2005, the City Council voted to reconsider the item based on a request for reconsideration by Mayor Pro-Tem Dave Sullivan (Attachment No. 3). The staff report from the March 21, 2005 City Council meeting is attached for your review and reconsideration (Attachment No. 4). Recommended Action: STAFF RECOMMENDATION: Motion to: "Approve Entitlement Plan Amendment No. 04-08 to permit modifications to the rear slopes of four lots within the Nautical North development with findings and conditions of approval (ATTACHMENT NO. 1)." 1 PL05-08 Nautical North2 4112/2005 2:18 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: May 2, 2005 DEPARTMENT ID NUMBER: PL05-14 Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Entitlement Plan Amendment No. 04-08 to permit modification to the rear slopes of four lots within the Nautical North development with findings for denial (ATTACHMENT NO. 2)." 2. "Continue Entitlement Plan Amendment No. 04-08 and direct staff accordingly." Attachments}: City Clerk's Page Number No. Description 1. Suggested Findings and Conditions of Approval (EPA No. 04-08) 2. Alternate Findings for Denial (EPA No. 04-08) 3. Memo for Reconsideration from Mayor Pro Tem Sullivan dated March 29, 2005 4. Request for Council Action dated March 21, 2005 RCA Author: PDV/HF PL05-08 Nautical North2 A4112/2005 2:18 PM t4P4E3E f�~e�•>t[ts�s�s'�- -:�.:PE�bL9� ^{re{(e P{[. ...�PI16E�II4E€1��FE{€ E € •w.•.:�.. �F ECft F E'itE E�E m �F �,•,� ' FINDINGS AND CONDITIONS OF APPROVAL ENTITLEMENT PLAN AMENDMENT NO. 44-08. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project involves a minor alteration to the topography of the subject properties. FINDINGS FOR APPROVAL— ENTITLEMENT PLAN AMENDMENT NO.04-08: 1. Entitlement Plan Amendment No. 04-08 for modifications to the rear slopes.of four single family residential properties resulting in an increase ranging from approximately V feet to 12 feet of increased usable rear yards,will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed modifications, as conditioned,will include substantial slopes that will provide a natural buffer between the adjacent park site and the subject tots. 2. The conditional use permit will be compatible with surrounding.uses because the proposed . retaining wall will.consist of quality materials which will be a6sthetically appearing when viewed from the regional park site. A substantial landscape buffer ranging from approximately 75 feet to 12 feet in width will be provided between the regional-park site and residential structures. 3. Entitlement Plan Amendment No. 04-08 will comply with the-provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential, Low Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Avoid building materials, colors, and construction elements that visually dominate their setting and contrast significantly with the character of the neighborhood.(LU 9.1.2.b) b. Include an adequate landscape setback that provides continuity throughout the neighborhood. (LU 9.2.1.e) The project, as conditioned, will be developed with a landscape buffer along the rear portion of the subject lots. This buffer will allow for a natural progression between the adjacent regional park site and residences on the subject lots. The buffer will be developed with native plantings consistent with landscaping proposed within the regional park site. CONDITIONS OF APPROVAL—ENTITLEEMENT PLAN AMENDMENT HO.04-08: 1. The site plan and cross-sections received and dated November 3,2004 shad be the conceptually approved layout. (04NQA0810) Atted wnent 1.1 2. Prior to issuance of building permits for the retaining walls,a landscape and irrigation plan shall be submitted to the Department of Public Works that identifies the proposed landscaping and irrigation within the sloped areas that is capable of preventing erosion. The landscape plan shall identify the native plants and low-lying shrubs in accordance with the general development plan for the Harriet.-M.Wieder Regional Park 3: All landscaping and irrigation shall be installed prior to final inspection of the retaining walls_ INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property-which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and-assigns,shall defend, indemnify and.hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim,action or proceedings,liabirity cost, including attomey's tees and costs aggainst the City or!ts agents, officers or employees, to attack set aside, void or annul any approval of the City, including but not limited to any approval granted by:the City Council, manning Commission, or Design Review Board concerning this project. The City shall-promptly . notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. i (04HOAMO) AttachfneFlt 12 ME«.'.::.....�.::":=:�:.:::-.�:° hSi3 E 3 hEl, p E EFE .9ti'S1S32 313 3YII 9 ?,. (�„ j({ q 2, 3 jj 3 !S?��3» it 3j t :• '� . �T F4�i "^'.'::3..z��'.:1'.�?:333 �?. ,.�. ..t":'>'�. Sl?tS3°� .,p g9 • � <>� FINDINGS FOR DENIAL ENTITLEMENT PLAN AMENDMENT NO. 04-08 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project involves a minor alteration to the topography of the subject properties. FINDINGS FOR DENIAL— ENTITLEMENT PLAN AMENDMENT NO. 04-08: 1. Entitlement Plan Amendment No. 04-08 for modifications to the rear slopes of four single- family residential properties resulting in an increase ranging from approximately 30 feet to 12 feet of increased usable rear yards, will be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. The proposed modifications do not preserve the existing slope condition, which was the original intent of the slope restriction in the original approval of the project, and result in a negative impact to adjacent properties based on the potential instability of the slopes. 2. The granting of the entitlement plan amendment will adversely affect the General Plan. It is not consistent with the following goals and policies of the General Plan: a. Promote site development that limits impact on and protects the natural integrity of topography, drainage systems, infiltration, and water bodies. The project will significantly alter the natural topography along the rear of the four subject properties which is contrary to policies identified in the General Plan. "§7R'� pM :,AY938343a3£ r,.« ."'.2315 ?;rt.��tS1ti 33 3d3b3 3ei 3 3i; CITY OF HUNTINGTON BEACH City Council interoffice Communication To: Honorable Mayor and City Council Members . CD-�- From: Dave Sullivan, Mayor Pro Tem - =z-< Date: March 29, 2005 - Subject: H—ITEM FOR APRIL 4, 2005 CITY COUNCIL MEETING Motion to Reconsider Approval Entitlement Plan Amendment No. 04-08 (Nautical North Residential Development— Rear Slope Terminus of Marygale Circle,West of Edwards Street, South of Ellis Avenue) Filed by Applicant Fred Tinker STATEMENT OF ISSUE: The City Council denied this item at the March 21, 2005, City Council meeting after conducting a public hearing. I voted on the prevailing side during this meeting and am requesting that the City Council reconsider this matter. If a motion to reconsider is granted, staff would be directed to set the public hearing for the earliest available City Council public hearing date. RECOMMENDED ACTION: Approve the motion to reconsider approval of Entitlement Plan Amendment No. 04-08 and set the matter for a public hearing at the earliest available date. DSIPCG:pf Attachment r X E [ � EEEE EE .,`:.... ORION EMStEEE �•xs,� �PEPEFE2 CITY OF HUNTINGTON BEACH MEETING.DATE:.March 21,2005 DEPARTMENT ID NUMBER: PL05-08 Coundl/Agency Meeting Held: �11'fl Deferred/Continued to: ©Approved ❑ Conditionally Approved Denied City Clerk's nature Council Meeting Date: March 21, 2005 Department.ID Number: PL05-08 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR ANQ CITY. NCIL MEMBERS ' . - -�--:- C] SUBMITTED BY: PEN OPE GU BRETH-GRAF"C,City AdministratorI_: PREPARED-BY: HOWARD 7-ELEFSKY, Director of Planning SUBJECT: APPROVE ENTITLEMENT PLAN AMENDMENT NO: 04-087 , (NAUTICAL NORTH— MODIFICATION TO REAR SLOPES) Statement of Issue,Funding souree.Recommended Attiott,A ternuive Acftnw,Analysis,Emironmento Stales.AftadmuW(s) Statement of Issue: Transmitted for your consideration is a request by Frad- Tinker on behalf of four property owners within the Nautical North residential development. The tract is located on the west side of Edwards Street, approximately 150 feet south of Ellis Avenue, directly adjacent to the .Harriet.Wiede.r Regional Park. This application represents a request to amend the previously approved Tentative Tract Map 'No..'15690 (8 Lots) to allow modifications to the .rear slopes of four single family residential properties. The purpose of the modification is to permit fill and retaining waits for targerrusable rear yards on the four subject lots. The City-Council approved the tentative tract map on February 4, 2002 with a vorsdition.of -approval that requires Planning Director approval for modifications to the rear yard sloped areas. The Planning.Director has referred the item to the City Council because the Director felt it appropriate for the City Council to review the amendment since they conditioned the map restricting the modifications to the.rear yard sloped areas. Staff is recommending that the City Council approve the request as it allows for an increase of the rear yards while preserving the lower portion of the sloped area as a natural buffer between the residential development and park site. Staff is recommending a condition of approval that the Tower -slope areas of the four lots be landscaped with native vegetation including shrubs and groundcover capable of preventing slope erosion. Funding Source: Not applicable. PL05-08 Nautical North 31912005 2:23 PM .REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 21, 2005 DEPARTMENT ID NUMBER: PL06-08 Recommended Action: STAFF RECOMMENDATION: Motion to: "Approve Entitlement Plan Amendment No. 04-08 to permit modifications to the rear slopes of four lots within the Nautical North development with findings and conditions'of approval (ATTACHMENT NO. 1)." Alternative Actions): The City Council may make the following alternative motion(s): I: "Deny Entitlement.Plan Amendment No- 04-08 to permit modification to the rear slopes of four lots within the Nautical North development with findings for denial" 2. "Continue Entitlement Plan Amendment No. 04-08 and direct staff accordingly." Analysis:� A. PROJECT PROPOSAL Applicant: Fred Tinker, 6465 Marygale Circle, Huntington'13each, CA 92648 Location: 6454, 6455, 6464, and 6465 Marygale Circle (Terminus .of Marygale Circle, west of Edwards Street, south of Ellis Avenue) . Entitlement Plan Amendment No. 04-08 represents a request to amend a- condition of approval to modify the rear slopes of'four residential properties located at the terminus-of Marygale Circle. The proposal includes filling .a portion of the ,lots wiM dirt. and the_ construction of 5-foot high.retaining walls topped with a one-foot block wail and two feet of. view fencing within the sloped portion of the rear yards. The proposed modifications will allow for an extension of the.usable rear yard area adjacent to the residences. In addition to allowing an increase in their usable rear yards, the applicant indicates that the..proposed wall with add an additional layer of-security based" on its location adjacent to'the park and will deter wildlife from accessing the rear yards (See Attachment No. 4). A perimeter fence consisting of block wall pilasters and view fencing currently exists and will remain along the rear property line separating the subject lots from the adjacent pat)c. r The fill portion of the slope and retaining wall design will result in an extension in the usable rear yards of approximately 30 feet to 12 feet. The retaining walls will consist of a Keystone Retention Wall System on the slope with concrete steps accessing the lower portion of the slope (See Attachment No. 5). This retaining wall system consists of staggered blocks with a sprit-face exterior finish that has a slighj�slope from the top of the wall to the base. PLOS-N Nautical North 31212005 3:22 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE:.March 21,2006 DEPARTMENT ID-NUMBER: PL05-08 M . The-following section.drawing (Exhibit No. 1) illustrates the proposed modification to the rear slopes: EXHIBIT NO. 1 VAL VOW 461. .0 Sam .M14 B. BACKGROUND The Nautical North development is an eight lot single-family subdivision on.a. cul de sac -street. The subject site was part- of the'Holly Seacliff Development Agreement No. 90-1 ,)proved -on November 1.4, 1990. The original tentative tract map- included several entitlements .such as a zoning .map amendment, zoning text amendment, local coastal. program amendment, negative declaration, and conditional use permit» The original request was to permit a ten-lot subdis►is.�ri'on the subject site_ On March 28, 2000, the Planning 'Commission approved the zoning map amendment, zoning-text amendment, local coastal program amendment, and negative declaration; however, the tentative tract map and conditional use permit were denied: On May 9, 2000, after a-decision to reconsider their action of March 8, 2000, the Planning Commission denied the'project in its entirety based on potential environmental impacts associated with views to and from the adjacent regional park, grading, and drainage to surrounding properties. The City Council upheld the Planning-Commission's denial of the pfoJect on July 5, 2000. Subsequent to the denial of the tract map and associated entitlements,'the-developer filed.a lawsuit against the City_ In September of 2001, the applicant submitted'revised plans for an eight-unit single-family subdivision which addressed many of the concerns raised by staff and by the City Council. The.modified plans provided a shortened cul:de sac street that minimized the amount of grading along the northerly and westerly portion.of the subject site. On February 4, 2002, the City Council approved the project inAts entirety based on the revised layout of the lots and.a condition that prohibited any,modification to the rear sloes without approval of the Planning Director (See Attachment No. 2 & 3). The lawsuit was later dropped by the developer. Shortly after approval of the tentative map, the developer, PLC Land Co., submitted an ` application for a conditional use permit to allow the construction of eight single-family homes. The conditional use permit was approved on March 12, 2002. Construction of the subdivision PLO544 Nautical North 3IV2005 3:22.PM REQUEST FOR,CITY COUNCIL ACTION MEETING DATE: March 21, 2005 DEPARTMENT ID NUMBER: PL05-08 was completed in July of 2003. Since occupancy of the units, Planning staff has had several inquiries from the new homeowners regarding potential modifications to slopes or placement of structures within the rear sloped areas. Staff informed the residents that there is a condition of approval on the tentative tract map requiring Planning Director approval for proposed modifications to slopes. C. STAFF ANALYSIS AND RECOMMENDATION: . The Nautical North residential tract is bordered by the Harriet Wieder .Regional Park to the north and west. Based on its location adjacent to the park and proximity to the Bolsa Chica wetlands, staff analyzed the proposal to address compatibility issues such as grading and continuity of native vegetation between the lower sloped areas on the subject properties and adjacent park. The General Plan contains- policies that encourage protection of natural topography. The proposal would:rrmodify the slopes with the proposed fill and construction of a five-foot high retaining wall topped with,a one foot block wall and.two feet of view fencing, which results in an increase in the usable rear yards ranging from 12 feet to 30 feet in increased depth across the four properties. Currently, the rear slopes-occupy the majority of land area within the rear yards (See Attachment No. 5). Exhibit No. 2 illustrates the increase in usable rear yard: EXHIBIT NO. 2 FaoK�i iK7iic `► Awr bPA&MV Von 4L �• INCREASE IN USABLE REAR YARD Pl_os-w Nautical Nurth 4= 31212M 3.22 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 21,2005 DEPARTMENT ID NUMBER:' PL05-08- The increase in usable rear yards is predominately 30 feet in depth across Lots 4, 5, and 6 , and reduces to 12.feet in. depth along the northerly. portion of tot 3. The majority of the slope area would still.remain intact, measuring:approximately 75 feet to 12 feet in depth (See Attachment No. 5). In contrast; the existing slopes range frorrt approximately.105 feet to 27 feet deep, measured from the top of slope to the rear property line. The modification would allow for an increase in the usable rear yard,while still preserving a majority of the existing slope., The remaining portion of slope acts as .a natural buffer between-the park at the bottom of the slopes and residences located at the top.of the slopes. The proposed five-foot high.retaining wall consists of interlocking concrete blocks with a split- face finish on the exterior. - Above the retaining waft.will be'an additional foot of block wall topped with two.feet of view fencing for a total wall height of eight feet when viewed from the pack. The propose_ d retaining wall system will be constructed of quality materials including a. 'keystone retaining block system torisisting'of staggered blocks with a split face exterior and topped with decorative wrought iron_..As'previously mentioned, the retaining wall system-will be substantially setback (12 ft. to 75 fL) from the,rear property line and will be aesthetically appealing when viewed from the park. . The general development plan for the Harriet M. Wieder Regional Parr identifies the abutting `-ind to the north and west of the subject site as native habitat for coastal sage scrub and ative grasslands. Staff is recommending a condition of 'approval that would require .landscaping on the lower sloped areas to consist of native vegetation and low-profile shrubs that are consistent with the native plantings proposed in the plan for the abutting park. While the proposed modification to the rear slopes alters the existing topography of the four lots, a majority of the slope on each lot (except Lot 3) will remain intact. It is staffs position that the remaining slope will provide a natural progression, between the adjacent park and single family homes while allowing the expanded use of their rear yards. To ensure this natural progression, a condition of approval has been included that requires native landscaping in compliance with the regional park landscaping. The proposed modification to the slope areas on the four lots along with the landscaping will provide a balance between the needs of the homeowners and the contrasting park area_ Environmental Status: The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 which states that minor alterations to existing developed sites shall not require further environmental review. PLOS-08 Nautical North -8= 3f 2OO5 3:22 PM S REQUEST FOR'CITY COUNCIL ACTION MEETING DATE: March.2'1, 2005 DEPARTMENT 1D NUMBER: .PL05-08 Attachment(s�• City Clerk's Page be Description 1. Suggested Findings and Conditions of Approval (EPA No.04-08) 2. Findings and Conditions of Approval .dated, 2127/02 (ND No. 99- 18ILCPA -No. -004MMA No. 99-2/ZTA No.M1ITTKA No. 15690(R)fCUP No_ 99-14(R) ,.. 3. Request for Council Action dated 2f4f02(Prior Entitlement Approval) 4. Narrative-dated 11/3105 5. Site Plan and Sections dated 1113t65 RCA Auftr: PDV/NF PL05-08 Nautical North 31212005 3:22 PM 1 {. ��� FINDINGS AND CONDITIONS OF APPROVAL ENTITLEMENT PLAN AMENDMENT NO. 04-08 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project involves a minor alteration to the topography of the subject properties. FINDINGS FOR APPROVAL—ENTITLEMENT PLAN AMENDMENT NO.04-08: I. Entitlement Plan Amendment No. 04-08 for modifications to the rear slopes.of four single farruily residential properties resulting in an increase ranging from approximately 30 feet to 12 feet of increased usable rear yards, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed modifications, as conditioned, will include substantial:slopes that will provide a natural buffer between'the adjacent park site and the subject lots 2. The conditional use permit will be compatible with surrounding.uses because the proposed retaining wall will consist of quality materials which will be aesthetically appealing when viewed from the regional park site. A substantial landscape buffer ranging from approximately 75 feet to 12 feet in width will be provided between the regional.park site and residential structures. 3. Entitlement Phan Amendment No_ 04-08 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. 4. The granting of the conditional use permit wig not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential, Low Density on the subject property. In addition, it is consistent with the following goals_and policies of the General Plan_ a. Avoid building materials, colors, and construction elements that visually dominate their setting and contrast significantly with the character of the neighborhood. (LU 9.1.2.b) b. Include an adequate landscape setback that provides continuity throughout the neighborhood. (W 9.2.1.e) The project, as conditioned, will be developed with a landscape buffer along the rear portion of the subject lots. This buffer will allow for a natural progression between the adjacent regional parts site and residences on the subject lots. The buffer will be developed with native plantings consistent with landscaping proposed within the regional park site. CONDITIONS OF APPROVAL—ENTITLEMENT PLAN AMENDME NO. 04418: 1. The site plan and cross-sections received and dated November 3, 2004 shall be the conceptually approved layout (04NOA0810) Attachment 1.1 2. Prior to issuance of building permits for the retaining walls,a landscape and irrigation plan shall be submitted to the Department of Public Works that identifies the proposed landscaping and irrigation within the sloped areas that is capable of preventing erosion. The. landscape plan shall identify the native plants and low-lying shrubs in accordance with the general development plan for the Harriet.M.Wieder Regional Park. 3: All landscaping and irrigation shall be installed prior to final inspection of the retaining walls. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property.which is the subject of this project and the project applicant if different from-the property owner, and each of their heirs, successors and assigns,shall defend, indemnify and.hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim;action or proceedings,liabirdy cost including attorney's fees and costs against the City or its agents, officers or employees, to attack,set aside,void or annul any approval of the City, including but not limited to any approval granted by.'the City Council, Planning Commission, or Design Review Board concerning this project The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. J. (04NOANIO) Attachment 9.2 j. FINDINGS AND CONDITIONS OF APPROVAL EGATWE DECLARATION NO.99-18/LOCAL COASTAL PROGRAM AMENDMENT NO. 00-1/ZONING MAP AMENDMENT NO._99-2/ZONING TEXT AMEN3ME_N_T NO. 00-1 TENTATIVE TRACT MAP NO. 15690 (R)lCONDTTIONAL USEPIIRRM1717 NO.99-14 fR) WINGS FOR APPROVAL-NEGATNE DECLARATION NO. 99-18: The Negative Declaration No.99-18 has been prepared in compliance with Article 6 of the California Environmental Quality Act(CEQA)Guidelines. It was advertised and available for a public comment period of thirty(30) days. Comments received during the comment period were considered by the City Council prior to action on the Negative Declaration,Zoning Text Amendment No. 00-1,Zoning Map Amendment No. 99 2,Local Coastal Program Amendment,Tentative Tract Map No. 15690,and Conditional Use Permit No.99-14. Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce the project's effects to a point where clearly no significant effect on the environment will,occur. _ There is no substantial evidence in light of the whole record before the City Council that the project, as.mitigated through the conditions of approval for Zoning Text Amendment No.00-1,Zoning Map Amendment No. 99-2,Local Coastal Program Amendment,Tentative Tract Map No. 15690, and Conditional Use Permit No.99-14 will have a significant effect on the environment NDING,S.lw•OR-APPROVAL—LOCAL COASTAL PROGRAM.AMENDMENT NO..00-1: The Local Coastal Program amendment to the Huntington Beach Local Coastal Program to modify the boundary of the Holly Seacliff Specific Plan to incorporate the subject property and to establish the.RL-1 zoning designation is consistent with the designation for Estate Residential cited in the 1990 Holly Seacliff Specific Plan General Plan-Amendment The proposed change to the Local Coastal Program is in accordance with the policies,standards, and provisions of--tire Coastal Element that encourages a mix of housing opportunities.that vary in-price and type. The proposed land use will provide for future upscale residential opportunities. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed project will not interfere with public access opportunities provided along the Weider Regional Park, and will not impact public views. [NDINGS FOR APPROVAL-ZONING MAP AMENDMENT NO.99 2/ZONING TENT 11ENDMENT NO. 00-1- Zoning'Map Amendment No. 99-2 and Zoning Text Amendment No.00-1 to establish a zoning designaticin.of Holly Seacliff Specific Plan(RL-1)on a 2.7 acre parcel,and-to incorporate the subject property into the Holly Seacliff Specific Plan is consistent with the objectives,policies,general land uses and programs specified in the-General Plan and any applicable specific plan.. The proposed .zoning mill be compatible with the adjacent estate residential zoning designations of the Holly-Seacliff and Ellis Goldenwest•Specific Plans. 1, e rase of a general land use provision,the zoning map and to_ Mendment are compatible with . M the uses authorized in,-and the standards prescribed for,the zonin .district for which it is proposed. The proposed.zoning will allow estate residential uses consistent with the existing:land uses in the area A community need is demonstrated for the change proposed. The new zoning will allow for new single family residential development. Its adoption will be in conformity with public convenience,general welfare and good zoning practice. The proposed zoning will not result in isolated or spot-zoning, and will be,consistent with the existing Estate Residential General.Pian designation. Tlie Holly Seacliff Specific Plan RL-1 allows up to four units per gross acre which is consistent with the Estate Residential General Plan designation. NDINGS FOR APPROVAL-TENTATlW TRACT MAP NO.1r56911 : c Tentative Tract Map No. 15690(R)for a subdivision of approximately 2.7 acres into eight_($) residential lots with two lettered lots'for landscaping purposes is consistent va�ith the General Plan. Land Use Element designation of Estate Residential on the subject property.ar any applicable specific plan,or.other applicable provisions ofthis Code.-Mie proposed subdivision will be compatible in sine' -and intensity with.the adjacent residential developments in tho Holly Seacliff and Ellis Goldenwest , Specific Plan.areas. Tl,n site is.physically suitable-for the type-and.density of development .The subdivision will involve ling that will provide sufficient rear yards for the eight single.family homes without impacting the Jadjac4mt Wieder Regional Park site_ The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or them habitat. The eight lot subdivision will have no adverse impacts on any fish or wildlife or their habitats. The design of the subdivision or the type-of improvements will not conflict with easements,acquired by the public at.large,for access through-or use of,property within the proposed subdivision unless alternative easements,for access or for use,will be provided. All necessary easements will be pmvided with the creation of the parcels and the development of the site. 7NDINGS FOR APPROVAL-CONDITIONAL USE PERWr NO.99-14 (R): Conditional Use Permit No.99-14'(R)for the development of a site with greater than a three foot grade differential between the high and low points will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Based upon the conditions imposed;the development will be designed to minimize impacts from grading,and will not be detrimental to the surrounding properties. 2 The conditional use permit will be compatible with surrounding uses based on proposed zoning and development standards. Any future development of the site will be required to comply with identical development standards set forth in the Holly SeacUff Specific Plan. The-proposed eight lot subdivision will comply with the provisions of the base district,and other applicable provisions in Titles 20-25 of the Huntington Beach Zmirng and Subdivision Ordinance: In addition, any specific condition required for the proposed use in the district in which it would be located Any future development will be required to comply vdth the Holly Seacliff,Specific Plan unless separate variances are approved by the City of Huntington Beach. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Estate-Residential on the:subject property )NDMONS OF APPROVAL-TENTATIVE TRACT MAP NO. 15690(R): The tentative map received and dated January 8,2002 shall be the.approved layout. = Prior to submittal of the final map to the Public Works Department for processing,arid: approval by the City Council,the following.shall be r*egidred: -a. The Settlement and Release Agreement pertaining to the PLC Idwsuit of the Citf s denial-of - entitlements associated with the-original.10 lot subdivision shall be approved by the.City Councfi. b. The Affordable Housing Agreement Plan shall be submitted to the Planning Department far review and approval.-The agreement shall:provide for affordable housing site or off-site.- Said agreement shall be executed prior to issuance of the first building permit for the tract The contents of-the agreement shall include the following: 1) Minimum 15 percent of the units(2 units) shall be affordable to hmilies of moderate income level (less than 120%of Orange County median)-for a.period ofibirty years. 2) A detailed description of the type, size,location and phasing of the affordable units. 3) If affordable units(new or rehabilitate)are off-site.,they must be under the full control of the applicant 4) The affordable units shall be constructed prior to or concurrenfwith the primary project. F'snat approval(occupancy)of the first residential'unit in the tract shall be contingent upon the completion and public availability,or evidence of the applicant's reasonable progress towards attainment of completion,of the affordable units.. c. The grade on the sloped landscaped areas adjacent tQ the park shall not-be modified wuidwut the approval ofthe Planning Director. A covenant restricting the grading and redesign of the sloped condition shall be recorded on the properties. A copy of the covenant shall bereviewed by the City Attorney prior to recordation. A copy of the recorded documents shall be submitted to the Planning Department for inclusion in the Tract file. 3 The following conditions shall be completed prior to recoradation of the final map unless erwise stated. Bonding maybe substituted for construction in acctrrdancewith the 1 ,,ovisions of the Subdivision Map Act:(PW) a. A reproducible mylar copy and a.print of the recorded map shall be submitted to the Department of Public Works at the time of recordation.(PW) -b. The engineer or surveyor preparing the final map shall comply with Sections 7 330 and.7-9- 337 of the Orange County Subdivision Code and Orange County Subdivisiou Manual, Subarticle l8 for the following items: 1) Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. 2) Provide a digital-graphics file of said map to the County of-Orange. (PW) c. Provide a.di 'tat- 'cs file of said ma to the City r the followin deli criteria: � S�l� p �`per g 8n 1) Design Specification: a) Digital data shall be full she(1-.1)and in compliance with the Cal fomia coordinate system —STATEPLANE Zone 6(Lambert Conformal Conic projection),NAD 83 datum in accordance with the County of Orange Ordinance 3809. b) Digital data shall have double precision accuracy(up to fifteen significant digits). e) Digital data-shalt Have units-in US FEET. d) A separate drawing file shall be submitted for eackindividual sheet e) Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names,pen color-and layering conventions_ #) Feature compilation shall include,but shall not be limited.to: Assessor's Parcel Numb en (APN),.street addresses and street names with suffix. 2) Fife Format and Media Specification: a) Shall be in compliance with the following file format• . AutoCAD.(vearsiou 13 or later)drawing file: .DWG b) Shall be-in compliance with the following media type: • CD Recordable(CD-R)650 Megabytes d. The following shall be shown as a dedication to the City of Huntington Beach on the Final, Map: _ 1) "A"Street for public street purposes. 2) A 2.00 foot wide public utility easement as shown on said map(7 il, parkways or less), 3) The water system and appurtenances as shown on the improvement plans, 4 3 - 4) The sewer system and appurtenances as shown on the improvement plans_ 5)- The easement for sewer purposes as shown on said map.(PW) e. All vehicular access rights to Edwards Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the City Council.(PW) f. All improvement securities(Faithful Performance,Labor&Material and Monument Bonds) and Subdivision Agreement shall be posted with the Public Works Department and approved as-to form by the City Attorney.(PW) g. .A Certificate of insurance shall be filed with the Public Works Department and approved as to form by the City Attorney.(PW). h. The Final Map shall be recorded with the County of Orange prior to issuance-of'building Permits. (PW). i. All Public Works fees shall be.paid.(PW) j. The area covered by this tentative map shall be annexed to the Reservoir Hill-Assessm" District in order to provide Zone 2 water service. All necessary studies.and processing fees shall be paid by the Subdivider. (PNY) k. ' Zoning Map Amendment No.99 2 and Zoning Text Amendment No.-00-1 shall be approved -by the.City Council. L The subdivider shall:work with the Department of Public Works to establish a fund to.provide for the on-going maintenance costs of Late A and B(landscaping). . The following conditions shall be completed prior to issuance of a grading permit: a_ A Grading Plan,prepared-by a Licensed Civil Engineer;shall be submitted to the Public Works Department for review and approval. This plan shall also include a n erosion and silt control plan for all water runoff during construction and site preparation work.(PW) b. A Street Improvement Plan,prepared by a Licensed Civil Engineer,shall be submitted to the Public Works Department for review and approvaL- The following improvements shall be shown on the plan: 1) Curb and gutter, sidewalk,street pavement, signing,striping and street lighting far"A".Street. 2) An ADA compliant access ramp at theAiorthwest and southwest corners of Edwards Street and "A" Street 3) Sewage collection system including individual sewer laterals for each lot 4) Water distribution system connecting to the existing 12-inch main in Edwards Street. 5) A new domestic water service and meter for each lot shall be installed per Water Division standards,and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The water service shall be a minimum of 1-inch in size. 4L 6) A separate water service,meter and backilow protection device'shall'be installed to serve reclaimed water for common area landscaping(Lots"A"and" ).(PW) c. In accordance with NPDES requirements,a"Water Quality Management Plan shall be prepared by a Civil or Environmental Engineer. "Best Management Practices"shall be:identified and incorporated into the design (PW) d- A detailed soils analysis shall be prepared by a registered engineer. This analysis.shall include on- site soil sampling and laboratory testing of materials to provide detailed recommendations for grading,chemical and fill propertiesf retaining walls,streets,and utilities.(PW) e.- -A Landscape and Irrigation Plan,prepared by•a Licensed Landscape Architect,shall be submitted to the Public Works Department for review and approval by the.Park,Tree and 1 ar►dscape . Division. The Developer shall.submit irrigation demands to ensure proper irrigation demands to ensure proper irrigation service sizing. Plans-for-temporary erosion control on slopes at rear and sides of lots shall be included.-(PW) f. If soil remediation is required,a remediati_on plan shall be submitted to the Planning,Public Works and Fire Departments for review and approval in.accordaace.with City Specifications No.. .431-92 and the conditions of approval- -The plan shalLinclude methods t-&mmimizt renmdiatiou related impacts on the surrounding properties;details on how"all drainage associated with the remediation efforts shall be:retained on.site and no wastes or pollutants shall:escape the site;.and shall also identify wind barriers around remediation equipment:-(PW) The name-and phone number.of anon-site:field supervisor hired by the-developer shall be submitted to the Departments of Planning,and-Public.W&Ics. ln.addition;clearly visible signs shall be posted oa the perimeter.of the site every 250,feet-indicating who shall be.contActed for- information regarding this development and any consbmctionlgrading-related concem.-This contact person shall be available immediately to address any concerns orisseueg raised.by adjacent property okmers during the construction activity_-He/She will be responsible for ensuring compliance with the conditions herein,specifically,.grading activities,,truck routes,construction hours,noise,.etc. Signs shall include the applicant's contact number,City contact(Construction Manager-!14)536-5431)regarding grading and construction activitiesY and"1-900-C[TPSM.OG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. Tw) h. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) i. The developer shall coordinate the development of truck haul route with the Department of r Public Works if the import or export of material is required. This plan shall include the approximate number of track trips and the proposed truck haul routes. It shall specify the hours in. which transport activities can occur and methods to miligate.constructign-related impacts to adjacent residents. These plans must include a truck haul route.diagram and be submitted for approval to the Department of Public Works Transportation Division. No fees are required for such haul route permit.(PW) 6 j. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (PW) k. Blockwall/fencing.plans ('including a site plan,section drawings,and elevations-depicting the height and material of all retaining walls walls,and fences)consistent with the grading plan shall be submitted to and approved by the Planning Department. The plans shall identify materials, seep holes and drainage. baring grading operations,the faflowiiag shall be complied'y ith: a: Due to the proximity of the site to a known archeological site,grading activities during remedial site grading work shall be monitored by an archeologist.'(Mitigation Measure) b. Water trucks will be utilized on the site and shall be available to be used throughout the day. during site grading to keep the soil damp enough to prevent dust being raised by the.operations. (P'W) c. All haul trucks shall arrive at the site no earlier than 8_-00 a.m.oc leave the site no later than 5:00 p.m.,and shall be limited to.Monday through Friday only. V'W) d. Wet down the areas that'are to be graded or that are being graded,Mi'the late morning'and after work is'completed for the day. (PW) e. 'The cQu 4tructi*on.disturbance-aloe shall-be kept as sinall as possible. PW - trucks shall be covered orham lied to the surface 'or to lea.. the f, All haul eyed water applied exposed pn v�ng site to prevent dust from-impacting the surrounding areas.(PW) g. Prior to leaving the site,all haul trucks shall be washed off on-site on a.gravel surface to preveffi dirt and dust from leaving the site and impacting public streets. (PW) h.. Comply*fth appropriate sections of AQMD Rule 403;particularly to minimize fugitive dust and noise to surrounding areas.(PW) i. Wind barriers shall be installed along the perimeter of the.site. (PW) j. Remediation operations,itrequared,shall be performed in stages concentrating'in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas.(PW) 1 _ k. Construction equipment shall be maintained in peak operating condition to reduce emissions. 1. Use'low sulfur.(0.5%). fuel by weight for construction equipment. r m. Track idling shall be prohibited for periods longer than 10 minutes. 7 ry n. Attempt to phase and schedule activities to avoid high ozone days first stage-smog alerts. o. Discontinue operation during second stage smog alerts. Departments of Planning,Public'Works.and Fine are responsible for compliance with all conditions of approval herein as noted after each condition The Planning Director.and Public Works Director shall be notified in writing if any changes to tract map are proposed as a result of the plan check process. Permits shall not be-issued until the Planning Director and Public Works Director have reviewed and approved the proposed changes for conformance with the intent of the City Council''s action and the conditions herein. If the proposed.changes:are of a substantial nature,an amendment to the original entitlement may be required pummt to the HBZS.O. DNDITTONS,OF APPRO'VALU—CON-DITIONAL USE PERMIT NO.44 (R): The site plan received-and dated January S,2002 shall be the conceptually approved layout with the following modifications. a. The site plan,floor plans,building elevations,and fencing plans.shall be subject to review and approval by time Planning Commission. Any deviation from development standards-specified in the Holly Seacliff Specific Plan shall be subject to rmv%V and approval of a.varianCe by the Plannmg-Commission. Lots 3 shall be provided ti. L-o -G with one.additional off-street ce to the Pr Pam' � _Pursuant Holly Seacl ff Specific,Plan for lots with 30&ages. : - rDepict all utility apparatus,such as but not limited tor ackll w devices and Edison transformers on the site plan.-U ility meters,shall be,screened from vipw from public rights-of way. Electric transformers in a required front or sucet side yard shall be enclosed in subsurface vaults. $adkflow.preventieti.devicRes-shall be prohibited in the front.yard setback and shall,tie screened from view..(Code Requirei3i=t d. Depict all gas-meters,water meters,electrical panels,air conditioning wets,mailbox facilities and similar items on the.site plan and tlevations..If located on a building,they shall be architecturally designed into the building to appear as part of the building.. They shall be architecturally compatible with the building and noun-obtrusive,not interfere-with sidewalk areas and comply with required:setbacks. e. If outdoor lighting is included,energy saving lamps shall be used. All outside lighting shall be directed to prevent_"spillage" onto adjacent.properties and shalt be sbown.on the site plan and elevations. g Prior to submittal for building permits,the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first.three pages of all the worldng drawing sets used for issuance of building permits(architectural, structural, electrical,mechanical and plumbing)and shall be referenced in the sheet index. The mimim= font size utilized for printed text shall be 12 point_ b. All Fire Department requirements shall be noted on the building plans:(FD) c. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this-development shall be constructed in,compliance with the O- ctors as indicated by the-geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) d. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers;natural gas shall be stubbed in at the locations of cooking facilities,water heaters. and central heating units. Prior to issuance of bn3lding:permits,the following shall be completed:. a. Applicant shall modify the sewer alignment on the fire station site per the City Engineer's direction.. (PvV) b. ' AR landscape planting,irrigation and maintenance shall comply with-the City Arboricultuial and Lands*e Standards and-Spedfications. (PW) c. The Consulting Arborist(approved by,the City Landscape Architect) shall review the final landscape tree-planting plan_and approve in writing the selection and locations*proposed for new trees-and the protection meascnes and.locations of existing trees to remain- Existing trees to remain shall also be addressed by said Arbonst with recommendationstrequirements for protection during construction. Said Arborist report shall be incorporated onto the Landscape Architect's plazls as construction notes and/or construction requirements_ The report shall include the Arborise's name,certificate number and the Arborist's wet signature-on-the fad-plum. (PW) d... An Automatic sprinkler and fire alarm system shall be installed ftmghout'if the building gross square footage exceeds SUQO sq.& Shop drawings shall be submitted and approved by the Fire Department prior to system installation(FD) _e. Fire hydrants shall be installed prior to coinbusti'ble construction. Prior to installation,shop drawings sball be submitted to the Public Works Department and approved by the Fire Department. indicate hydrant locations and fire department connections. (FD) f. Fire access roads shall be provided in compliance%%ith City Specification No- 401_Include the Circulation Flan and dimensions of all access roads. (FD) 9 g. Submit a Fire Protection Plan in compliance with City Specification No,426 for.Fire Department approval:(FD) ' The project shall comply with all provisions of.the HBFC and City.specification 422,Well Abandonment. (FD) L The project shall comply with all provisions of the HBMC Section 17.04.085-and City Specification 429,Methane District Building Permit Requirements_ (FD) j. installation and/or removal of underground flammable or combustible liquid storage tanks shall' comply with Orange County Environmental Health and HBFD requirements. Treatment areas may require conformance to City Specification No.431,Gas Fired Appliances. (FD) k. Address-numbers shall be installed to comply- rith City Specification No.428.(FD) 1. Street names shall be approved by the Fire Department Please iefet to City Specificati.onNo. 409(FD) The structure(s)cannot be occnpiecl,the final building.periwit(s)cannot be approved,'and.. utilities cannot be released for the first residential unit until the following has been completed. a. A section of existing curbx gutter and sidewalk along Edwards.Street must be moved and replaced. Existing street tree(s)must be iaspected by the City_of Huutiugton Beach;-Park Trees_. and Landscape Inspector during removal.of concrete and prior-to.construction of"A"Street. - im improvements. Tree lacemmt or roaftee_ •rotectio will be p ed ' .the` 'on of. p rep p p4 spec�fi upon. etc the root system.. (PW) e. All landscape irrigation and planting installation shall be certified to be in conformance to the City- approved landscape plans.by the Landscape Arrchitect of record in wrium1orm to the City. Landscape Architect prior to the final landscape inspection and approval-(PW) c. Applicant shall provide the City with Microfilm copies(m City format) and CD(AutoCAD only) copy of 65mplete City approved landscape construction drawings as stamped"Permanent File Copy"prior to-starting landscape work.. Copies shall be given to the City Landscape Architect for permanent City record.(PW) d A covenant prohibiting the removal of the open view fencing along the perimeter of the west and north property'lines shall be recorded with the County Recorder's Office.' The covenant shall be submitted to the Planning Department,and shall be reviewed"as to form by the City-A"ey's Office. A copy of the recorded covenant shall be filed with'the-Planning Department. . Prior to final building permit inspection and approval of the first residential unit,the following shall be completed: a. Compliance with all conditions of approval specified herein shall be.accomplished and verified by the Planning Department. y - " L10 b.- All building spoils,such as unusable lumber,wire,pipe,and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. The Planning Director ensures that all conditions of approval herein are compliedwith. The Planning Director shall be notified in writing if any changes to the site plan,elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for-conformance with the intent of the City Council's action and the conditions herein.If the proposed changes are of a substantial nature,an amendment to the original entitlement may be required pit to the HBZSO. Conditional Use Permit No.99-14(R)shall not become effective until Zoning Text Amendment Nd. 00-1 and Zoning Map Amendment No.99-2 have been approved by the City Council and are in-effect �FQRMAT hOlq ON SPECMC CODE REQUIREMENTS-TENTATIVE TRACT MAP NO. 690 ONAL USE PERMIT NO.99-14 (R).- Tentative Tract Map No. 15690(R)and Conditional Use Permit No.99-14(R)shall not become effective until the Zoning.Text Amendment No.00-1 and Zoning Map Amendment No. 9 -2 have been Vprovedby the City Council and,are in effect_ Tentative Tract Map No. 15690(R)and Conditional Use Perini#No.-99-14(R)-shall.become null. and void unless exercised within-two yeas of the date of final zoning text amendment and zoning mug amsndmen#approval or such exteensiun of time as maybe granted by the Director Purmunt to a written request_submitted tag the Plauniug-DeFk meut a miniuw= 30 days-prior to:tbe exphaden . . The Planning Commission reserves the right to-mvoke-Tentative Tract,Map No. 15690(R)and Conditional Use Permit No.99-14(R),pit to A-public hewing for revocation,if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. The development shall comply with all applicable provisions of the Municipal Code,Budding .Division,and'Fire Department as well as applicable local, State and Federal Fire Codes,Ordinances, and standards,except as noted herein. ' Standard landscape code requirements apply (Chapter 232 of the'TSO).(PTV) The Water Ordinance No. 14.52,the"Water Efficient Landscape Requirements"apply for projects with 2500 square-feet of landscaping or larger. (PW) All applicable Public Works fees shall be paid prior to map recordation.(PW) . Traffic impact fees shall be paid at a rate of$1-50 per daily trip($14,400)x(PW) '. An Encroachment Permit is required for all work within the City's right-of-vmy.(I?W) 11 .Park and recreation in-lieu fees shall be paid,or accrued credits assigned,prior to Council'. t oval of the final map: The applicant shall submit a check in the amount of$43 for the posting of the Notice.of Determination at the County of Orange Cle&s.Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two(2) days of the City Councirs action. .Construction shall be limited to Monday-Saturday 7:00 AM to 8_00 PILL Construction shall be prohibited Sundays and Federal holidays. .All landscaping shall be maintained in a neat and clean manner,and in conformance with the I]3ZSO. Ptior to removing or replacing any landscaped.areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the - Planning Commission. l2 c,A14t A 1 0# ol'ob CounciVAgency Meeting Held: OIL— -Q 2. DeferredlContinued to: oved a condi6olr roved 0 Dented - Clerk' Signature IVA Counclil Meeting Date: February 4. 2002 Department ID Number. PL02-02 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION , SUBMITTED..TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 1 SUBMITTED.BY: RAY SILVER, City Administrator WA/ PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVE TENTATIVE TRACT MAP NO- 1.5690(R)ICONDITIONAL _ USE PERMIT NO. 99-14 (R)IL.00AL COASTAL PROGRAM 46 - AMENDMENT NO- 00-IIZONING MAP AMENDMENT-NO. 99-- 21ZONING TEXT AMENDMENT NO. 00=11NEGATIVE DECLARATION NO. 99-18 (PLC LAND CO:8 LOT SUBDIVISION) SwwneM or Issue.Famft g source,Recommended Aeon,Allenwfte Actio»[s),Analysts,EiMfen mend Status,Attachmengsj Statement of Issue- Transmitted for Lyour consideration is-a revised request for approval of Tentative Tract Map No. 15690. Conditional Use Permit No. 99-14. Local Coastal Program Amendment No. 00-1, Zoning Map Amendment No. 99-2. Zoning Text Amendment No. -00-1. and Negative Declaration No. 99-18 by PLC Land Company. These applications represent a request to establish zoning on a 2.7 acre parcel located on the west side of Edwards Street, approximately 150 feet south of Ellis Avenue (north of Fire Station No. 6), and to permit the subdivision of the property into eight(8) lots for single family residences. The City Council denied the project-in its entirety on July 5, 2000 with findings for denial (Attachment No. 9). On April 18, 2001 the applicant filed suit, challenging the denial.(PLC v. City of Huntington Beach, OCSC # 01 CC05117). The applicant has revised the proposed development in response to concerns raised at the previous public hearing with respect to the grading of the site. The revised project consists of: 1) reducing the number of single family residential lots from 10 to 8; and 2) reorienting the lots including reducing the length of the cul de sac.: The revision is an effort to minimize the amount 6f grading to .the .existing .topography on the site and impacts to the adjacent Wieder Regional-Park site. If the revised project is approved as submitted, it would.likely result iri dismissal of the-litigation: REQUEST FOR ACTION MEETING HATE: February 4, 2002 DEPARTMENT ID NUMBER: PL02-02 Funding Source: Not applicable. Staff is recommending approval of the revised request,(Recommended Action),because:- The project complies with the goals and objectives of the City's General Plan;which. encourage development of new residentia!subdivisions that incorporate a diversity of uses and are configured to establish a distinct sense of neighborhood identity.. The project will provide 8 single family units with its own sense of architectural identity, yet-wilt be compatible with other developrnents-in'the area incl6ding The Bluffs. Country View Estates, and Central Park Estates. With the implementation of mitigation measures,the proposed subdivision win-not have any adverse environmental impacts. In addition, with standard conditions of approval and the revised site design, project issues will be mitigated to a level of insignificance. e single family residential subdivision will comply with the' Ho!- : The e Seao:iiff c'ifhc. 9 IY . . pIY IY . Plan RL-1 zoning designation_ - Based upon.the scale of development and the residential estate density, tfie pro posaI-will.be compatible with existing developments in the area. Recommended Action: STAFF RECOMMENDATION: Motion to: 1. "Approve Negative Declaration No_ 99--18 with findings(Attachment No. 8)- and 2- "Approve Zoning Map Amendment No. 99-2, Zoning Text Amendment. No_.00-1; and Local Coastal Program Amendment No. 00-1 vaidh -findings fo ,opproval and adopt Ordinance.Nos. 36 and q� (Attachment No. 3 and 4)'; and 3. Approve Tentative Tract Map No.. 15690.(R) and Conditional Use Permit No. 99-14 (R) with.findipgs and suggested conditions of approval(Attachment No:1�)' x PL02-02 -2- 112=002 8:19 AM REQUEST FOR ACTION . MEETING.DATE: February 4 2002 DEPARTMENT ID NUMBER: PL02-02 Alternative Action(: The City Council may make the following alternative motion(s): - I. "Deny Negative Declaration No. 99-18, Zoning Map Amendment No-.99 2, Zoning Text Amendment.No. 00-1, Local Coastal Program Amendment No. 00-1, Tentative Tract Map No. 15690 (R);.and.Conditional Use Permit No. 99-14 (R).- 2. ."Continue Negative Declaration No. 99-18, Zoning Map. Amendment .No. 99-2, Zoning Text Amendment No. 00-1. Local Coastal Program Amendment. No. 00-1, Tentative Tract Map No. 15690 (R), and Conditional .Use Permit No. 99-14 (R) and direct staff accordingly;" ` Ana sis: A. BACKGROUND On Maw 28, 2000, following a public hearing, the Planning'.ComiWission approved Zoning Map Amendment -No. W2; Zoning TeA Amendment•No. 00-1, .Local Coastal Program .Amendment No. 00-1 and Negative Declaration No. 99-18. 'Ihe Cornrriission.subsequendy j denied. Tentative Tract Map No. 15690 and Conditional Use Permit'No. 99-14 for the 10 lot subdivision- ,.y On April,11, 2000, the Planning Commission voted to reconsider the approval-of Zerfmg-Map - Amendment No. 99-2, Zoning Text Amendment No. 00-1, Local Coastal- Program Amendment No. 00-1 and Negative Declaration Noy 99-18 and scheduled a separate publi& hearing_ On May 9, 2000, after a second public hearing,-the Planning Commission denied Zoning Map Amendment No. 99-2, Zoning Text Amendment No. €10-1, -Local Coastal Program Amendment No. 00-1 and Negative Declaration No. 99-18. On July 5, 2000, the City Counciil upheld the Planning Commission's action by,denying the request'for annexation, denying Zoning Map Amendment No. 99-2,,Zoning Text Amendment No. 00-1, Local Coastal Program Amendment No. 00-1 and Negative Declaration No. 99-18. Tentative Tract Map No. 15690 and Conditional Use Permit No. 99-14. The City Council denied the request based on potential environmental impacts including impacts to views to and from Wieder Regional Park, and drainage to surrounding properties. On August 22, 2000, PLC re-initiates the request for annexation with LAFCO. PL02-02 -3- 1128=02 SM AM REQUEST FOR ACTION MEETING DATE:, February 4, 2002 DEPARTMENT ID NUMBER: PL02-02 On May 11, 2001, PLC requests LAFCO to issue a Certificate of Filing of PLC's.annexation request. LAFCO approves Certificate of.Fling and schedules hearing on PLC's annexation request on June 13, 2001_ On June 11, 2001, ..LAFCO approves PLCs annexation request; and Certificate of Completion of Annexation is recorded on October 18, 2001. 8. PROJECT-PROPOSAL: Applicant: PLC Land Co. clo Sill Holman, 19-Corporate Plaza Drive,,Newport Beach,-CA 92660 Location: West side of Edwards Street, approximately 150 feet south-of Ellis Avenue Zoning Map Amendment No.-99-2 is-a request to modify the City's Zoning map (DM 38)by designating the subject property HoNySeacliff Specific Plan(SP-9)with an.RL-1 (Low Density Residential) land use category pursuant to Section 247.02.of the Huntington,Beach Zoning:.and'Subdivision Ordinance (ZSa). -The minimum lot size in RL 1 district is 7- 00 square feet with a maximum density of four(4) units per gross acre. iiriq Text Amendment No. 00-1 is a request to arri6nd the Holly'Seacliff Specific Plan by -111corporating the subject property into,the specific plan pursuant to'Section 247.02 of the ZSO. Local Coastal-Pr ram Amendment No.00-1 is a request to amend the City's Local Coastal: Program to incorporate the proposed.zoning map amendment and zoning text amendment' pursuant to Section 247.16 of the ZSO. Tentative Tract Map No. 15690 (R) is a request to subdivide approximately-2-7 net acres into eight residential lots for the purpose of constructing eight single family residences pursuant to Section 251.02 of the ZSO. The proposed density is 3 units per net acre. Conditional Use Permit No. 99-14(R) represents a request to develop on property with greater than a three foot grade differential between the high and low points pursuant to Section 230.70 of.the ZSO. The purpose is to evaluate the proposed grading plan.'which should terrace proposed buildings with the grade. There is a 16 foot difference between the highest point along Edwards Street to the lowest point along the west.property-fine. The revision to the proposed single family subdivision consists of"increased lot sizes ranging from 8,372 to 19,340 square feet,with an average size of 12,772 square feet, This compares to an average lot size of 9,900 sq. ft. on the originally-proposed 10 lot tract. "^,cess to the tract will be provided from Edwards Street through a public no cul-de- PL02-02 4- 1/28/2002 8:19 AM KMAUtb I VUK AU I IUN- ' MEETING DATE: February 4, 2002 DEPARTMENT ID NUMBER: PL02-02 sac (see Attachment No. 5). A 15-foot wide landscape parkway is designed along Edwards Street which will be maintained by a homeowners association. The revised request involves grading the entire site and importing approximately 8,100 cubic yards of soil to design the.site for drainage compared with 12,500 cubic yards under the 10 lot proposal_ The majority of the fill (up to 11.2-ft.)will occur toward the northwest comer of the tract near the slope adjacent to Wieder Regional Park(Attachment No. 5). The applicant has also submitted a site plan,floor plans and elevations for the eight single farnily homes. However, since these plans were not included in the original-submittal'. separatereview and approval by the Planning Commission is required. Staff will be scheduling a separate public hearing before the Planning Commission if the City Council approves the zoning and subdivision applications. The following table identifies the subject property and -surrounding Land Use; Zoning and General,Plan Designations. Subject Property_ Residential Estate (Holly F�cis0 —Alone Existing'Vacant - Seacliff General.Plan Proposed Holly. Proposed--Single' Amendment- 1990) Sescriff Specific family residences Plan (RL-`1) East of Subject Residential Estate Ellis Gotde west Single'farnily Property (across Specific Plan residences Edwards SO: South of'Subiect " Residential Low_Density Holly Seadiff Fire Station/WaterProperty. Specific Plan (RL-1) Reservoir West of Subject Open Space A-1 (General Vacant(Weder. Property Agriculture) Regional Park) 1n Orange Co.):. 'North of Subject Recrea#ionl Recreation/ Vacant.(Weeder Property Conservation Conservation Regional Park) (rn Or ange Co.): Attached are area maps that depict the proposed zoning.and surrounding General Plan and zoning designations (Attachment Nos_ 10 and 11). Attachment No_ 10 identifies the current General Plan designation on the subject property while Attachment No. 11 identifies the proposed zoning. The applicant indicates .that the proposed Hofiy Seacliff Specific Plan (RL-1) zoning designation will be compatible with.the adjacent zoning designations and land uses, and will allow for future housing opportunities- _ 4P PL02-02 -5- 11=002 al APi REQUEST FOR ACTION MEETING DATE: February 4, 2002 DEPARTMENT 1D:.NUMBER: PL02-02 This property is part of the Holly Seacliff-Development Agreement No. W1 The terns of. the development agreement became. effective upon annexation of the subject property Tito the City of Huntington Beach_ The property was annexed to the City following: LAFCO approval in June of 2001 and recording of a Certificate of Completion of Annexation on" October 18, 2001. The development agreement offered the City the option for five years to accept dedication for park purposes on efther the subject 2.7 acre parcel (Parcel 7a) or a 4.5 acre parcel.at the northeast comer of Edwards Street and Ellis Avenue (Parcel 7b). In April- of 1994, the City accepted dedication of the 4.5 acre Parcel 7b. Attachment No. 12 provides a chronology of the-County's and City's-actions regarding the subject property_ C. STAFF ANALYSIS AND RECOMMENDATION: Zo. ning In 1990, the City Couny `approved the Holly :Seacliff General Plan Amendment and Environmental Impact Report (EIR) that included a land use designation-on the proper,-j.of . Estate.Residential (max. 4 units per gross acre), A specific ily-depiicted the subject.properly as part of a ten acre planning area with a maximum of 25 residential.uWds-(seaAtttachmet t No. 4): The intent of the pre-general planning action was to inform the property Owner- surrounding..surrounding.. landowners that the City has reviewed and.pre-approved the Estate Residential. nation for the site should it ever be annexed into the City_ The subject property was annexed to the City on October 18, 2001, with a General Plan Land Use designation of Estate Residential. However, according. to our zoning maps and records, the property has never had a pre-zoning.designation; Over the years, the-City:,has pre-zoned surrounding areas but not.this site. The proposed Holly Seacliff Specific Plan, RL-1 zoning designation will allow a density up to four units per gross acre with an-average. densely of 1.6 units per gross acre (Attachment No. 4) consistent with the pre-general plan designation. Based on the annexation in October of 2000, the Development Agreement now applies to the subject property. Staff supports the proposed zoning of Holly SeacfifF Specific Plan (RL- 1) because it is consistent with the general plan land use designation of Estate Residential. . The Holly SeaclifF Specific Plan- (RL-1) allows up- to four units per' gross acre that is consistent with the Estate Residential General Plan-designatiou. FuMmmnore, the zoning designation will'be-compatible with the adjacent designations to the south (The Bluffs); and east across Edwards Street (Ellis Goldenwest Specific Plan). The adjacent property located in the County of Orange (Weeder Regional Park)1"I remain designated as open space. Staff further supports the establishment of the IA'oily Seacriff Specific Plan (RL-1) zoning on the' property, along 'with the amendment to the boundary of the specific plan because the astate residential use Would be most compatible with the surrounding land uses. Staff also` pports the minor modifications to the acreage figures cited in the text and tables of the PL02-02 '112WM2 819 AM REQUEST FOR ACTION MEETING DATE: February 4,2002 DEPARTMENT ID NUMBER: PL02-02 specific plan. The acreage figures within the. s plan will be revised- b adding Pe P 9 � P�� P y 9 approximately 3 acres. .The zoning will allow'estate- residential uses to be constructed at a maximum density of four units per gross acre.. Devefot�men#..Prdposal - - In September of-2001, the applicant submitted.site.plans, floor plans and elevations for eight single family.-homes requesting concurrent.approval with the zoning and.tentative map .applications. However, the original application submittal -only :involved the zoning and subdivision.requests;-no plans for the homes we.re'reviewed. -Now that an application for the construction of the homes has been received, separate review and approval by the Planning Commission is-required. One of the issues discussed at the prior Planning Commission and City Council meetings. were the.po4ential impacts'=the development-would have on the adjacent Weder Regional. -..Paa k. Sta gy`=reeom ending-a :condition of approval requiring a covenant be recorded-on. Lots 1-6 that,would restrict grading.and construction of any strt ctures.between the top.of the slope and.rear.property lines .(track eerier),without the approval of the City of Huntington Beach: --The ci ondit i reeorrwriended.ta_mininfue view impacts to and from the, park site. The appficantfias conceptually agreed to this cmditom D. SUMMARY Staff supports the applicant's request.because the subdivision complies with the Holly Seacliff Specfic Plan,.and will not-adversely impact surrounding uses. Staff.believes the project should:be-approved because it ls designed to minimize impacts to-the existing. topography along the Wieder Regional Park-site. Staff recommends the City Council approve Negative Declaration No. 99-18, Zoning Map Amendment No. 99-2, Zoning Text Amendment No. 00-1, Local Coastal Program Amendment No.-00-1,.Tentative Tract Map No. 15690 (R), and,Conditional Use Permit No. 99-14 (R)based on the following: The project complies with the goals and objectives-of the CWs General Plan, which encourage development of new residential subdivisions that incorporate a diversity . of uses and are configured to-establish a distinct sense of neighborhood identity_ The project will provide 8 single fanny units with its own sense of architedural identity,yet will be compatible with other developments in tKe area including The Bluffs, Country.View Estates, and Central Park-Estates. - With the implementation of mitigation measures, the proposed subdivision will not have any adverse environmental impacts. In addition, with standard conditions of approval.•.project issues will be mitigated to a level of insignificance. PL02-02 7— U28IM2 8_19 AM d REQUEST FOR ACTION MEETING DATE: February 4, 2002 DEPARTMENT ID NUMBER: PL02-02 - The single family residential subdivision will comply with the Holly Seachff Specific Plan RL-1 zoning designation. - Based upon the scale of development and the residential estate density,the proposal will be compatible with existing developments in the area. Environmental Status: Negative Declaration No. 99-18 was prepared with mitigation measures pursuant to Section 240.04.of the HBZSQ and the provisions of the Califomia Environment Quality Act(CEQA): Prior to any action on Local Coastal Program Amendment No..00-1. Zoning Map Amendment No. 99-2, Zoning Text Amendment No. 00-1, Tentative Tract Map No. 15690 (R),.and Conditional Use Permit No. 99-14 (R), it is necessary for the City Council to review and act on Negative Declaration No. W18. Attachmentfs3: . NumberCity Clerk's Page - .' 1. Vicinity Map 2. Suggested Findings.and C of Rc ► ►rovat 3.. Ordinance.No-3, (ZMA 99-2) amending District Map No. 38 A_ Ordinance -No. 3537.. .with..Legislative Draft. (zTA 00-1) amending `r Holly Seaciiff Specific Plari, = 5. Tentative Tract Map No. 15690 (Revised 8 Lots) fi. Revised site plan dated January 9, 2002 7. Letter from applicant dated September.14. 2001 8. Negative Declaration No. 99-18 (Includes environmental cliec�clist, mitigation measures, and comment letters) 9. City Council Minutes dated July 5, 2000 10. Existing and Proposed General Plan Designations 11. Existing and Proposed Zoning 12. Chronology of County, City and LAFCO actions F PtA2-02 41- 1=2002 8.19 AM r City of Huntington Beach RECEM Planning Department 2000 Main Street NOV- 6'3 Z Huntington Beach,Ca 92648 CRY of r gw Re: iwlantical North Tract# 15690 The honorable'members of the City Council: We are grateful for the opportunity to present our project plan for landscape of our newly purchased homes., Our project pertains to the new community weenny developed on the west side of Edwards.in Huntington.Beach,north of the Fire Statism,and south of Ellis: The cousbucition:of this community of eight homes was completed in mid-July of 2003.: �. dour of the homes are located on the view lots with the backyards facing the ocean. The back yards of theso four homes have two levels with a three to one slope ending in a lower flat level. .The lower level is adjacent.to the land that belongs to the county. As-new homeowners,we are eager to proceed with landscaping our homes,yet supposed restacfions,in altering the slope have hindered our.progisess. Complying with such 1W - - restrictions would regiue wing-landscape wi elements such.as'snuxungPnols, fMlaces;B1%etc,on the lower flat level,bringing the-backyards inn the'i ate vicinity of the county landand taking away-the natural blend of the county Lmd and lower level backyards,On the other hand, constructing swung pools and BBt�etc. on the upper level would consume the iiatire upper backyard,net allowing for-any significant usable"sitting a tea". Consequently we would like to propose a landscape plan for#lie:four homes facing the ocean that involves altering the slope slightly. All home owners of the community are unanimous and have agreed with the general plan and wish to.proceed with the landscape as soon as feasible. Enclosed is a copy of our pram for your review , i` tem Fyn the.slopeth.�ixe: es&tt3#llvw _Fel;•�Ve also enrlo`se arMaenng"oil e a t's'V ew bf_ pioJ ect as well as digitized pictures of the curt landscape. This plan will preserve the natural look of the lower flat level similar to the surrounding county hwd,and wilf assure adequate space in the upper level to be used both for landscape(swimming pool,BBQ, etc) and for"sitting areas". Our plan mlows for maximizing usable space in the backyard,and at I the same time would increase pavacy-by placing landscape'components at the upper'level away from -the by passers at the county laud. It would also add.another layer of•security against potaMat intmpon by unwelcome wanderers from. the county land. The wild life would also be potentially kept opt-of the backyards... The staircase will assure safe access to the lower level, and decrease potential accidental injury resulting from slipping/fdling off the slopes a cause for liability lawsuits.Planting native shrubs and trees-would bide the keystone systems a6d serve to beautify the slope making it esthetically pleasing. The Keystone retaining systems along with the shrubs and trees would also help break the strength of the on shore winds,allowing for less damage to the property and landscape over time,making use of the backyard more enjoyable as well as more private. in.summaYy our application requesting altering the slope per plan,would allow us.to maximize our usable landscape area,increase privacy acid security,.lessm harmful effect's of on shore winds, pxove safety,prevent wild life access, and act the same time improve esthetics of the community as being viewed from the-county W Ws appreciate and request you're most serious consideration of oerr:applicationand look forward to hearing from you soon in a vetr positive fashion. _ red Tinker Ajze:& Aayhmin 6465 l jlja ayle Circle 6455 a Circle - - y1 Huntington Beach,Ca 92648 H ]Beach.Ca:92645 Lot.#3 _ _ Lot#4- Sain &Ana Talmood �y�T 6454 Marigayle Circle 6464 Marigayle Circle Huntingion-Beach,Ca 92648 Huntingto_n beach,Ca 92648 Lot#5 Lot#6 y � a INTENTIONALLY LEFT BLANK THECWAU NOV. O'3 w 1rE NOTES Ilmul,nSYMBOWLECENDS IariMMlMlirlr�llMl dip • r•. I I � r: xiu• � VYJ�V i�Vf�� ���'trr'1 k-C C I 0 N F t ►ARK - 1 ..+« _ li•r;u MARIG i.{1.1,. CIRCLE Iw. � rr�r+rr ppL xy( 'rP�T11MYM 1w W aH f mr" 777..0011 ; —Amam w.W S MMa Y . w1•M+..Mr •f.YFRgAxt CMIlL 1 •,�, 1 1 1 I .... . Vo»_..... .. tors ( Proposed.Nystona 1 tOTOT rr.ri/l I Rabinhq Well Systarp � 1 i 01 Mie I �M71.�1 � r,4iMY w•uw site plan � r r ------------- al...r is ro� TM* REC NOV 0''3 h lMi WML tt IMOOdp11 !# ' gyp[ /t� 6H11 1OiQA1C - f' '�11�4 fLEK J�L� N RltAM anew f MEN ackiftew s A;O18WAt P&A-m retaining well section 1 NAUTICAL NC.,�� , 011"Onum nftm ' WAR""fitat ARIGAY[E CIRCLE ' it,xaal ru nor s Om Np0 _ 1WntN1?70u�Ya�Ca 1Nu MIT Ip WTo or iN y"aM"NOA I a r TO nVAW tw.rwr.wru a - -W1 W4 MNWIY NY i a r"op OI"t _ W #L O I b Y A t PARK - PILL i01L �! f HX 4"Ac 11UODWAM �w.wNr reaa.wa + 11p►1�, Kto"WALWAlt rotaining well section tbld;WcaAAe typical concrete stair plan WAIM WALL 10• Ott_ i . "m"` AU NO Rom:Re—YR—One Retaining Well System, 24,ft Gh16 w.:G • rN. Sr rRAslU rn �•. ��� .OYW� R� FM! M •�Y-�� nMINy 1Mtl MYM. faun Qom.f1A�1 M 0 ��� .+�i�i�I�w My11M�WWy NM�1I�N11� d..��r� FAO f try IIiCR a rOWL NOM1.41 ....��w L RJUN"WA W, typical stalesection '"""°LMk�W` ''""` . 2 '" � q V& �, "keystone'retaining wall system RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Entitlement Plan Amendment No. 04-08 (Nautical North) COUNCIL MEETING DATE: May 2, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved b the City Attome Not Applicable Financial Impact Statement (Unbud et, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS: ....REVIEWED RETURNED FOR` ARDE r\ Administrative Staff Assistant Ci Administrator (Initial) City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: HZ:SH:PD:r! PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a mentaI Quality Act. BEFORE lNfIFIf tOUiltll ON FILE:A copy of the oposed request is on resident of the County aforesaid; I am OF FHFAFIr ri`lo in the City Clerk's over the age of eighteen years and not a N TICEHUn IS AB Office,n ton Beach, Cali- .GIVEN NOTICE IS HEREBY Huntington $each, Cali- party to or interested in the below entitled GIVEN that 5, Monday, specfornti 92648, for in- party 2, 2005, at 6:00 spectian by the public.: �` P.M. in the City Council A copy of the 'staff! -.- matter, 1 am a principal clerk o€f the to Chambers, .2000 Main report will be available Street, Huntington to interested parties at HUNTINGTON BEACH INDEPENDENT Beach, the City Council the City Clerks -Office will hold a public hearing on Thursday, April .28, a newspaper of general circulation, on the followingplanrung 2 'L INTERESTED printed and published in the City of and zoning items: PERSONS are invited to ❑1. RECONSIDEENT attend said hearing and TION OF IAENDENTITL ENT express opinions or PLAN AI5ENAUTENT subrait evidence for or Huntington Beach, County of Orange, NO. f14-0$ (NAUTICAL NORTH - SLOPE 1MtDx- against the application State of California, and that attached IFKATIONS) Applicant- as outlined above.If you �+ Fred Tinker Request: A -cha141eAge the, City Notice is a true and complete co reconsideration of the Ctiurrcirs sari 5n qr eeurE p copy as City Council's denial of you may be limrited to. was printed and published in the EPA No.04-os on March u �onitose issues 21,2005.EPA No-04-0$ Ysr re e is a request to amend a raised at the public Huntington Beach issue of Said condition of approval for hearing described in this the previously approved' notice, or in written newspaper to wit the Issue(s) of. tentative tract map correspondence deliv- (#15960) by permitting erdd to the City at, or modifications to rear prior to,'. the public slopes oa four lots hearing.If there are any located at'the tOminus further questions please of Marigayle Circle. The call the Planning De. modifications include .partment at 53&5271 construction of a.fir®- and refer to the above APRIL 21 2005 foot high.retaining yrat items. Direct your s f written con mutdcations topped with a one sot to theCitryClerk. block wall and two feet .loan i.Flynn,City Ctar9t of view m ordet to allow an e>v nsiork of City of HdntMnglon 6sach. the usable rear yards. 2000tNain Street, ranging from approxi- 20 Flour in.1y 12 feet to 30 feet Huphptkton,Eteach, in depth.Location:6454, uia•92M 6455, 6464, and 6465Mari e Circle Publ'�hedHuntl2ngton f declare under penalty of perjury, that (Terminus lof Marigayle Beach Independent Apprril Circle, south.' of Ellis 21.2005 043.713 the foregoing is true and correct. Avenue) Praiser Plan nerrP(wI Do' alga NOTICE IS HEREBY GIVEN that Item No. 1 is categorically Executed on APRIL 21,2005 from the exemptI provisions. of S the Ciallforn a EnykAUL{ at Costa Mesa, Califomia. Signature PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) am a Citizen of the United States and a KNOFMMIUM mental Quality Act- resident of the COun afioresaid; I am a nlF i ON FILE. copy the proposed request is is on OFTNEWY file in the City Clerk's over the age of eighteen years, and not a OFHUfErfN6N11A[H Office,2000 Main Street, NOTICE 13 HEREBY Huntington Beach, Cali- GIVEN that on Monday, farnia 92648, for in. party to Or interested in the below entitled copy o the puh May 2, 2045, at 6:00 A A SPY of the staff - --. matter. I am a principal clerk of the p.m. in the City Council report will be available Chambers, 2000 Main to interested parties at Street, Huntington the City Clerk's Office HUNTINGTON BEACH INDEPENDENT, Beach, the City Council an Thursday,.April 28, will hold a public hearing 2005. a newspaper of general circulation, on the following planning ALL INTERESTED printed and published in the City of and zoningg items: PERSONS are invited to ❑1. RECONSIDERA-' attend said hearing and NON OF ENTITLEMENT express opinions or t Huntington Beach County of Orange, PLAN AMENDMENT sub�ft evidence for' or NO. 04-0$ NAUTICAL against the application State of Califomia, and that attached FOKAATION) Appli as alumna above.It you Fred Tinker Request: A challenge the City Notice is a true and complete co as reconsideration ofthe yourrmayfs be action limited ,to p copy you may be f4nited-td was printed and published in the City Councils denial h ralu only those issues p p EPA No.04-0$on March you or someone else 21,2005, EPA No.04-08 .raised at the public Huntington Beach issue of said is a request to amend a hearing described in this newsproved a sf: condition of approval for notice, Or in written tentative tract R t er to wit the Isues) o mep correspondence deiiv-'. (#15960) by Permitting ered to.the City at,,or prior 4o, the public modificatioq's to rear hearing.If there are any slopes on four lots further questions please located at the terminus calf the Planninngg Do- of Marigayle Circle. The pertinent at 536.5271 modifications include a% refer to the above construction of a five- -items. Direct your APRIL 21,2005 foot high retaining wall written communteatinns topped with a one-foot'.t,fte ,tyClerk. block wall and two feet loan UFlynrl[,City Clerk of view fencing in orderCfty of Ffu L rt Beach to allpye an extension of 2i)(1011111111In'3treet, the usable rear yards 2nd Floor ranging from approxi- Huntington Beach, mately 12 feet to 30 feet California 92648 in depth:Location:6454, (714)$36-5227 6455, 6464, and 6465 I' Published Huntington M a r i g a y l e C i r c I e : Beach fndepehdent Appril I declare, under penalty of perjury, that (Terminus of Marigayle 21,20tP5 043 713 Circle, sduth' of Ellis the foregoing is true and correct. Avenue)'Fr4e ci Plan- nor:Paul bu Veign NOTICE IS HEREBY GIVEN that Item No. 1 Executed on APRIL 21 2005 is categorically exempt s from the provisions of Lim_CalifoEllig EgWou" at Costa Mesa, California. Signature NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, May 2, 2005, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach,the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. RECONSIDERATION OF ENTITLEMENT PLAN AMENDMENT NO. 04-08 (NAUTICAL NORTH —SLOPE MODIFICATIONS) Applicant: Fred Tinker Request: A reconsideration of the City Council's denial of EPA No. 04-08 on March 21, 2005. EPA No. 04-08 is a request to amend a condition of approval for the previously approved tentative tract map (#15960) by permitting modifications to rear slopes on four lots located at the terminus of Marigayle Circle. The modifications include construction of a five-foot high retaining wall topped with a one-foot block wall and two feet of view fencing in order to allow an extension of the usable rear yards ranging from approximately 12 feet to 30 feet in depth. Location: 6454, 6455, 6464, and 6465 Marigayle Circle (Terminus of Marigayle Circle, south of Ellis Avenue) Project Planner: Paul Da Veiga NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, April 28, 2005. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 DADocaments and Settingslesparzap\L.oca1 Settings\Tentpnrary Internet Fi1csl0L1C61E1050502.DOC //(f��� /I f<!E �.{ t� �.^ h{E<F. F,. EEE� EiFEE,• Tj MEETING DATE: May 2, 2005 DEPARTMENT RECEIVED SUBJECT: REQUESTING: DATE Planning 4/13105 Reconsideration of EPA #0408 (Nautical North - Modification to Rear Slopes) TODAY'S DATE April 13, 2005 VERIFIED BY ADMININSTRATION: APPROVED BY: !Penelope Culbreth-Graft Assistant City Administrator 4/13/2005 3:19 PM CITY CGUNCIIIREDEVELOPMENT AGENCY PUBI IC HEARING REQUEST SUBJECT: t4,d-t lrrt.� i Lt�e- l ,�t�� lrto�S - c� DEPA RTUMNT'^ .. Lt i 6l e� - MEEITNG DATE: CO AG"F:..�" YES NO { } ( ( ) Is the notice attached? ( } (► ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) ( ( } Are the date,day and time of the public bearing correct? ( ( } . ( ) Van.appeal,is the appelanes name included in the notice? ( ( ] ( } If Coastal Develcpmcat Permit,does the notice include appeal language? Is there an Envirormcntal Status to be approved by Council? Is a map attached for purblication7 Is a larger ad ? Size Is the verification statement attached indicating the source and accuracy of the mailing list? E ( } ( ( ) Are the applicant's n=c and address part of the mailing labels? ( ) ( } Arc the appliIant's name and address part of the waling labels? ( ( ) ( } If Coastal Development Permit,is the Coastal Commission part of the M-AMMg labels? ( ( ) ( ) If Coastal Di+elopmeat Perrmity axe the resident labels attached? ( ( } ( ) Is the Report 33433 attached? (Economic Development Dept.items only) PI complete the following: _ I. Miniw=days from publication to hearing date, 0 - e _ 2. Number of times to be published j 3. Number of days between publications [ 21 11001729 1 11001731 2 11001737 3 CITY OF HUNTINGTON BEACH COUNTY OF ORANGE SIGNAL COMPANIES INC PO Box 190 PO Box 4048 6 Executive Cir Huntington Beach CA 92648 Santa Ana CA 92702 Irvine CA 92614 116 4 11051103 5 1104 6 CITY O ING EACH Jeremy Fox LENN OME PO Box 19 6485 Marigayle Cir !24800 Ch ' #200 Hun ' n Beach CA 9 Huntington Beach CA 92648 i ' Viejo CA 926 110 511 05 7 1 106 8 1 511 07 9 LENNAR HOMES OF LENNA LE R HOMES OF 24800 Chrisanta Dr#200 24800 C to Dr 24800 r#200 Mission Viejo CA 92691 M' ' n Viejo CA 92691 Mis ' iet A 92691 1 08 10 110 511 09 11 110 511 10 12 LENNAR LE O F Pham Vu 24800 Ch ' a Dr#2 2480 risan a 0 6484 Madgayle Cir Viejo CA 92691 sion Viejo CA 92691 Huntington Beach CA 92648 11 13 10 511 12 14 110 511 13 15 Plc Plc C HUNTING CH PO Box 1 PO Bo�nB PO Box H on Beach CA 92648 H ' g �hC 9 Hu on Beach 8 110 512 74 16 159 391 05 17 159 391 12 18 Pic CENTRAL PARK#8 Dennis F D'Ambra 23 Corporate Plaza Dr# 505 Park Ave 6541 Silverspur Ln Newport Beach CA 92660 Newport Beach CA 92662 Huntington Beach CA 92648 159 391 13 19 159 391 14 20 159 39136 21 Kevin P Conlisk Amaral Ronald Irving Brindle 6531 Silverspur Ln 6525 Silverspur Ln 6521 Silverspur Ln Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 159 391 37 22 159 391 38 23 159 391 40 24 CENTRAL PARK ONE TWO Ronald Boss Clinton G Gerlach 505 Park Ave 6515 Silverspur Ln 701 Ocean Ave Newport Beach CA 92662 Huntington Beach CA 92648 Santa Monica CA 90402 159 391 48 25 1 49 26 >Pve 27 CENTRAL PARK#12 CENTRA NE TWO 505 Park Ave 505 P ve Newport Beach CA 92662 port Beach CA 926 CA 92662 >32<8 >Pe 29 >Non-a 4O 2J-1 s arcel h CA 92662 o ad s s 110 511 04 110 511 05 110 511 06 OCCUPANT OCCUPANT OCCUPANT 6475 Marigayle Cir 6465 Marigayle Cir 6455 Marigayle Cir Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 110 511 07 110 511 08 110 511 09 OCCUPANT OCCUPANT OCCUPANT 6454 Marigayle Cir 6464 Marigayle Cir 6474 Marigayle Cir Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 159 391 40 OCCUPANT OCCUPANT 6511 Silverspurl_n 18591 Edwards St Huntington Beach CA 92648 Huntington Beach CA 92648 (10) April 4, 2005 - Council/Agency Agenda - Page 10 of Trustees grew to 35, one trustee for each city and one for the county. These trustees are liaisons to their cities appointed by each City Council for a term of either two or four years. The DeVore bill would change the Board membership to seven members, two appointed by the county's Board of Supervisors and five by a selection committee. Attachments: 1. AB 991 (2/22/05) 2. A Resolution of the OCVCD (3/17/05) 3. A Roster of the Assembly Committee on Local Government Note 1: AB 991 has been modified to impact only the Orange County Vector Control District. Note 2:The Committee on Local Government meets on Tuesday, April 5, 2005. Recommended Action: Motion to: 1. Oppose AB 991 (DeVore); and 2. Appmve Request preparation of a resolution similar to the one passed by the'OCVCD (27- 2); and 3. Communicate this position to Assemblyman Tom Harman and to the members of the Assembly Conference on Local Government (FAX: 408-277-2048). Councilmember Coerper gave oral report City Attorney also reported. Council discussion followed regarding involvement of Intergovernmental Relations Committee. Approved as amended 5— 2 (Hardy, Cook No) H-2a. Submitted by Councilmember Dave Sullivan (City Council) Reconsider to Approve Entitlement Plan Amendment No. 04-08 (Nautical North Residential Development—Rear Slope Terminus of Marygate Circle, West of Edwards Street, South of Ellis Avenue) Filed by Applicant, Fred Tinker(Denied 3121/05) and Schedule New Public Hearing (420.40) Communication from Councilmember Dave Sullivan transmitting the following Statement of Issue: The City Council denied this item at the March 21, 2005, City Council meeting after conducting a public hearing. I voted on the prevailing side during this meeting and am requesting that the City Council reconsider this matter. If a motion to reconsider is granted, staff would be directed to set the public hearing for the earliest available City Council public hearing date. Attachment: Staff Report Recommended Action: Motion to: Approve the motion to reconsider approval of Entitlement Plan Amendment No. 04-08 and set the matter for a public hearing at the earliest available date. Mayor Pro Tem Sullivan gave oral report, stating reasons for reconsideration. Councilmember Green concurred. Approved 5-- 2 (Hardy, Cook No) rfJ 1I ] i G� CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Dave Sullivan, Mayor Pro Tem , tip e 0 Date: March 29, 2005 Subject: H—ITEM FOR APRIL 4, 2005 CITY COUNCIL MEETING— Motion to Reconsider Approval Entitlement Plan Amendment No. 04-08 (Nautical North Residential Development— Rear Slope Terminus of Marygale Circle, West of Edwards Street, South of Ellis Avenue) Filed by Applicant Fred Tinker STATEMENT OF ISSUE: The City Council denied this item at the March 21, 2005, City Council meeting after conducting a public hearing. I voted on the prevailing side during this meeting and am requesting that the City Council reconsider this matter. If a motion to reconsider is granted, staff would be directed to set the public hearing for the earliest available City Council public hearing date. RECOMMENDED ACTION: Approve the motion to reconsider approval of Entitlement Plan Amendment No. 04-08 and set the matter for a public hearing at the earliest available date. DS/PCG:pf Attachment r�- 4� V, dam - , •�, �„� CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 29, 2005 Fred Tinker 6465 Marigayle Circle Huntington Beach, CA 92648 Re: NOTICE OF ACTION— Nautical North Residential Development— Rear Slope Dear Mr. Tinker: The City Council of the City of Huntington Beach at its regular meeting held Monday, March 21, 2005 took action on the following Public Hearing: Public Hearing to Consider Approval of Entitlement Plan Amendment No. 04-08(Nautical North Residential Development— Rear Slope Modifications for Four Lots: 6454, 6455, 6464 and 6465 Marigayle Circle (Located at the Terminus of Marigayle Circle, West of Edwards Street, South of Ellis Avenue)Filed by Applicant, Fred Tinker. . Council denied approval of Entitlement Plan Amendment 04-08. Enclosed are the action agenda pages 9-10 and Findings for Denial. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, an L. Flynn ity Clerk Enclosure: Action Agenda Pages 9-10 Findings for Denial cc: Howard Zelefsky, Planning Director Scott Hess, Planning Manager Paul Da Veiga, Associate Planner Abe & Linda Rayhaun—6455 Marigayle Cr. Sam & Ana Talmood—6454 Marigayle Cr_ Quyen Tram—6464 Marigayle Cr. (Telephone.7 f 453&5227I 0 , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 29, 2005 Abe & Linda Rayhaun 6455 Marigayle Circle Huntington Beach, CA 92648 Re: NOTICE OF ACTION — Nautical North Residential Development—Rear Slope Dear Mr. & Mrs. Rayhaun The City Council of the City of Huntington Beach at its regular meeting held Monday, March 21, 2005 took action on the following Public Hearing: Public Hearing to Consider Approval of Entitlement Plan Amendment No.04-08(Nautical North Residential Development—Rear Slope Modifications for Four Lots: 6454, 6455, 6464 and 6465 Marigayle Circle.(Located at the Terminus of Marigayle Circle, West of Edwards Street, South of Ellis Avenue) Filed by Applicant, Fred Tinker. . Council denied approval of Entitlement Plan Amendment 04-05_ Enclosed are the action agenda pages 9-10 and Findings for Denial. If you have any questions regarding this matter, please contact my office at(714) 536-5227_ Sincerely, j4ki:�I_ ji") oan L. Flynn City Clerk Enclosure: Action Agenda Pages 9-10 Findings for Denial cc_ Howard Zelefsky, Planning Director Scott Hess, Planning Manager Paul Da Veiga, Associate Planner Abe & Linda Rayhaun—6455 Marigayle Cr. Sam &Ana Talmood—6454 Marigayle Cr. Quyen Tran—6464 Marigayle Cr. iTelephone:714-536-5227I .Ajo CITY OF HUNTINGTON BEACH V" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 29, 2005 Sam &Ana Talmood 6454 Marigayle Circle Huntington Beach, CA 92648 Re: NOTICE OF ACTION—Nautical North Residential Development—Rear Slope Dear Mr. & Mrs. Talmood: The City Council of the City of Huntington Beach at its regular meeting held Monday, March 21, 2005 took action on the following Public Hearing: Public Hearing to Consider Approval of Entitlement Plan Amendment No.04-08 (Nautical North Residential Development— Rear Slope Modifications for Four Lots. 6454, 6455, 6464 and 6465 Marigayle Circle (Located at the Terminus of Marigayle Circle, West of Edwards Street, South of Ellis Avenue) Filed by Applicant, Fred Tinker. . Council denied approval of Entitlement Plan Amendment 04-08. Enclosed are the action agenda pages 9-10 and Findings for Denial. If you have any questions regarding this matter, please contact my office at(714)536-5227. Sincerely, 4��- J+-j K ,loan L. Flynn City Clerk Enclosure: Action Agenda Pages 9-10 Findings for Denial cc: Howard Zelefsky, Planning Director Scott Hess, Planning Manager Paul Da Veiga, Associate Planner Abe& Linda Rayhaun —6455 Marigayle Cr. Sam &Ana Talmood—6454 Marigayle Cr. Quyen Tran—6464 Marigayle Cr. (Telephone:714-536-52271 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 1fl OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 29, 2005 Quyen Tran 6464 Marigayle Circle Huntington Beach, CA 92648 Re: NOTICE OF ACTION --- Nautical North Residential Development— Rear Slope Dear Mr. Tran_ The City Council of the City of Huntington Beach at its regular meeting held Monday, March 21, 2005 took action on the following Public Hearing_ Public Hearing to Consider Approval of Entitlement Plan Amendment No. 04-08 (Nautical North Residential Development— Rear Slope Modifications for Four Lots: 6454, 6455, 6464 and 6465 Marigayle Circle (Located at the Terminus of Marigayle Circle, West of Edwards Street, South of Ellis Avenue) Filed by Applicant, Fred Tinker. . Council denied approval of Entitlement Plan Amendment 04-08. Enclosed are the action pp a ct on agenda pages 9-10 and Findings for Denial. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, oar L- Flynn City Clerk Enclosure: Action Agenda Pages 9-10 Findings for Denial cc: Howard Zelefsky, Planning Director Scott Hess, Planning Manager Paul Da Veiga, Associate Planner Abe & Linda Rayhaun—6455 Marigayle Cr. Sam & Ana Talmood—6454 Marigayle Cr. Quyen Tran—6464 Marigayle Cr. {Telephone:714.636-52M (9) March 21, 2005 - Council/Agency Agenda - Page 9 Associate Planner Paul DaVeiga gave overview. Discussion among Council and staff. Public Hearing opened. City Clerk announced Late Communications. Two applicants spoke and Public Hearing closed. Motion to approve staff recommendation as amended — to allow slope to begin at property line and return to Council with CUP for fence exceeding 42 inches. Approved as amended 6— 1 (Cook No) D-3. (City Council) Public Hearing to Consider Approval of Entitlement Plan Amendment No. 04-08 (Nautical North Residential Development— Rear Slope Modifications for Four Lots: 6454, 6455, 6464 and 6465 Marygale Circle (Located at the Terminus of Marygale Circle, West of Edwards Street, South of Ellis Avenue) Filed by Applicant, Fred Tinker (420.40) Applicant: Fred Tinker Request: To amend the previously approved site plan by permitting modifications to rear slopes on four lots located at the terminus of Marygale Circle. The modifications include construction of a five-foot high retaining wall topped with a one-foot block wall and two feet of view fencing in order to allow an extension of the usable rear yards ranging from approximately 12 feet to 30 feet in depth. Location: 6454, 6455, 6464, and 6465 Marygale Circle (Terminus of Marygale Circle, south of Ellis Avenue) Environmental Status: Notice is hereby given that this agenda item is categorically exempt from the provisions of the California Environmental Quality Act. On file: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648,for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, March 17, 2005_ All interested persons are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input, close public hearing Recommended Action: STAFF RECOMMENDATION: Motion to: Approve Entitlement Plan Amendment No. 04-08 to permit modifications to the rear slopes of four lots within the Nautical North development with findings and conditions of approval (Attachment No. 1). (10) March 21, 2005 -Council/Agency Agenda - Page 10 Associate Planner Paul DaVeiga gave PowerPoint presentation. Discussion among Council and staff. Public Hearing opened. City Clerk read Late Communications. One applicant spoke, Public Hearing closed. Motion to approve staff recommendation -Failed 3—4 (Sullivan, Hardy, Green, Cook —No). Motion to Deny with findings for denial.preserving slope, minimize grading, potential of future damage from slope sliding. Denial Approved 4—3 (Hansen, Coerper, Bohr-No) MON WWI E-1. (City Council/Redevelopment Agency) Minutes (120.65) - Approve and adopt the minutes of the City Council/Redevelopment Agency Regular Meetings of February 22, 2005 and City Council Special Meeting of February 28, 2005 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. Councilmember Green clarified reason for voting no for paying League of California Cities bill. Bill not due until April 13, audit not finished but was required by League's bylaws annually. Approved 7— 0 E-2. (City Council) Receive and File the Fiscal Year 2003-04 Park Impact Fee Annual Report (310.10)— Receive and file the Park impact Fee Annual Report—Fiscal Year 2003- 2004. Submitted by the Community Services Director. Funding Source: Not applicable. Approved 7— 0 E-3. (City Council) Adopt Resolution No. 2005-18 Amending the City Classification Plan by Modifying Street Maintenance Crewleader, Firefighter and Senior Detention Officer (700.10)—Adopt Resolution No. 2005-18— "A Resolution of the City Council of the City of Huntington Beach to Amend the Classification Plan by Modifying the Classification for Street Maintenance Crewleader, Firefighter and Senior Detention Officer in the City Classification Plan." Submitted by the Acting Administrative Services Director. Funding Source: There is no fiscal impact to this action. Adopted 7— 0 E-4. (City Council) Accept Pier Plaza Flagpole Project Donated by the American Legion (160.40)--Accept the Pier Plaza flagpole project as completed by the American Legion and donated to the City of Huntington Beach. Submitted by the Community Services Director and Acting Public Works Director. Funding Source: Not applicable, donation from American Legion. Mayor Pro Tem Sullivan commented on fundraising by American Legion 133. Approved 7— 0 (9) March 21, 2005-CouncillAgency Agenda - Page 9 Associate Planner Paul DaVeiga gave overview. Discussion among Council and staff. Public Hearing opened. City Clerk announced Late Communications. Two applicants spoke and Public Hearing closed. Motion to approve staff recommendation as amended — to allover slope to begin at property line and return to Council with CUP for fence exceeding 42 inches. Approved as amended 6-- t (Cook No) D-3. (City Council) Public Hearing to Consider Approval of Entitlement Plan Amendment No. 04-08 (Nautical North Residential Development— Rear Slope Modifications for Four Lots: 6454, 6455, 6464 and 6465 Marygale Circle (Located at the Terminus of Marygale Circle, West of Edwards Street, South of Ellis Avenue) Filed by Applicant, Fred Tinker (420.40) Applicant: Fred Tinker Request: To amend the previously approved site plan by permitting modifications to rear slopes on four lots located at the terminus of Marygale Circle_ The modifications include construction of a five-foot high retaining wall topped with a one-foot block wall and two feet of view fencing in order to allow an extension of the usable rear yards ranging from approximately 12 feet to 30 feet in depth. Location: 6454, 6455, 6464, and 6465 Marygale Circle (Terminus of Marygale Circle, south of Ellis Avenue) Environmental Status: Notice is hereby given that this agenda item is categorically exempt from the provisions of the California Environmental Quality Act. On file: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648,for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, March 17, 2005_ All interested persons are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk 1_ Staff report 2_ City Council discussion 3. Open public hearing 4. Following public input,close public hearing Recommended Action: STAFF RECOMMENDATION: Motion to: Approve Entitlement Plan Amendment No. 04-08 to permit modifications to the rear slopes of four lots within the Nautical North development with findings and conditions of approval (Attachment No. 1). (10) March 21, 2005- Council/Agency Agenda - Page 10 Associate Planner Paul DaVeiga gave PowerPoint presentation. Discussion among Council and staff. Public Hearing opened. City Clerk read Late Communications. One applicant spoke, Public Hearing closed. Motion to approve staff recommendation -Failed 3-4 (Sullivan, Hardy, Green, Cook - NO). Motion to Deny with Findings for denial:preserving slope, minimize grading, potential of future damage from slope sliding. Denial Approved 4- 3 (Hansen, Coerper, Bohr-No) E-1. (City Council/Redevelopment Agency) Minutes (120.65) -Approve and adopt the minutes of the City CouncillRedevelopment Agency Regular Meetings of February 22, 2005 and City Council Special Meeting of February 28, 2005 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. Councilmember Green clarified reason for voting no for paying League of California Cities bill. Bill not due until April 13, audit not finished but was required by League's bylaws annually. Approved 7- 0 E-2. (City Council) Receive and File the Fiscal Year 2003-04 Park Impact Fee Annual Report (310.10)- Receive and file the Park Impact Fee Annual Report- Fiscal Year 2003- 2004. Submitted by the Community Services Director. Funding Source: Not applicable. Approved 7-0 E-3. (City Council) Adopt Resolution No. 2005-18 Amending the City Classification Plan by Modifying Street Maintenance Crewleader, Firefighter and Senior Detention Officer (700.10)-Adopt Resolution No. 2005-18-- "A Resolution of the City Council of the City of Huntington Beach to Amend the Classification Plan by Modifying the Classification for Street Maintenance Crewleader, Firefighter and Senior Detention Officer in the City Classification Plan." Submitted by the Acting Administrative Services Director. Funding Source: There is no fiscal impact to this action. Adopted 7- 0 E-4. (City Council) Accept Pier Plaza Flagpole Project Donated by the American Legion (160.40)-Accept the Pier Plaza flagpole project as completed by the American Legion and donated to the City of Huntington Beach. Submitted by the Community Services Director and Acting Public Works Director. Funding Source: Not applicable, donation from American Legion_ Mayor Pro Tem Sullivan commented on fundraising by American Legion 133. Approved 7--0 FINDINGS FOR DENIAL ENTITLEMENT PLAN AMENDMENT NO. 04-08 FINDINGS FOR PROJECTS EXEMPT FROM CECW The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project involves a minor alteration to the topography of the subject properties. FINDINGS FO APPROVAL)—ENTITLEMENT PLAN AMENDMENT NO. 04-08: 1. Entitlement Plan Amendment No. 04-08 for modifications to the rear slopes of four single- family residential properties resulting in an increase ranging from approximately 30 feet to 12 feet of increased usable rear yards,will be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. The proposed modifications do not preserve the existing slope condition, which was the original intent of the slope restriction in the original approval of the project, and result in a negative impact to adjacent properties based on the potential instability of the slopes. 2. The granting of the entitlement plan amendment will adversely affect the General Plan. It is not consistent with the following goals and policies of the General Plan_ a. Promote site development that limits impact on and protects the natural integrity of topography, drainage systems, infiltration, and water bodies. The project will significantly alter the natural topography along the rear of the four subject properties which is contrary to policies identified in the General Plan. FINDINGS FOR DENIAL ENTITLEMENT PLAN AMENDMENT NO. 04-08 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project involves a minor alteration to the topography of the subject properties. FINDINGS FOR DENIAL= ENTITLEMENT PLAN AMENDMENT NO. 04-08: 1. Entitlement Plan Amendment No. 04-08 for modifications to the rear slopes of four single- family residential properties resulting in an increase ranging from approximately 30 feet to 12 feet of increased usable rear yards, will be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. The proposed modifications do not preserve the existing slope condition, which was the original intent of the slope restriction in the original approval of the project, and result in a negative impact to adjacent properties based on the potential instability of the slopes. 2. The granting of the entitlement plan amendment will adversely affect the General Plan. It is not consistent with the following goals and policies of the General Plan: a. Promote site development that limits impact on and protects the natural integrity of topography, drainage systems, infiltration, and water bodies. The project will significantly alter the natural topography along the rear of the four subject properties which is contrary to policies identified in the General Plan. CITY OF HUNTINGTON BEACH MEETING DATE: March 21, 2005 DEPARTMENT ID NUMBER: PL05-08 CouncillAgency Meeting Held: — Deferred/Continued to: ❑ Approved ❑ Conditionally Approved )4Denied City Clerk's Sigiftature Council Meeting Date: March 21, 2005 Department ID Number: PL05-08 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION _= U, SUBMITTED TO: HONORABLE MAYOR AN CITY NCIL MEMBERS SUBMITTED BY: PEN OPE CU BRETH-GRAFT, City Administrator 7.. PREPARED BY: HOWARD ZELEFSKY, Director of Planning _a SUBJECT: APPROVE ENTITLEMENT PLAN AMENDMENT NO. 04-08-" L` (NAUTICAL NORTH — MODIFICATION TO REAR SLOPES) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmentai Status,Attachment(s) Statement of Issue: Transmitted for your consideration is a request by Fred Tinker on behalf of four property owners within the Nautical North residential development. The tract is located on the west side of Edwards Street, approximately 150 feet south of Ellis Avenue, directly adjacent to the Harriet Wieder Regional Park. This application represents a request to amend the previously approved Tentative Tract Map No. 15690 (8 Lots) to allow modifications to the rear slopes of four single family residential properties. The purpose of the modification is to permit fill and retaining walls for larger usable rear yards on the four subject lots. The City Council approved the tentative tract map on February 4, 2002 with a condition of approval that requires Planning Director approval for modifications to the rear yard sloped areas. The Planning Director has referred the item to the City Council because the Director felt it appropriate for the City Council to review the amendment since they conditioned the map restricting the modifications to the rear yard sloped areas. Staff is recommending that the City Council approve the request as it allows for an increase of the rear yards while preserving the lower portion of the sloped area as a natural buffer between the residential development and park site. Staff is recommending a condition of approval that the lower slope areas of the four lots be landscaped with native vegetation including shrubs and groundcover capable of preventing slope erosion. Funding Source: Not applicable. PLOS-08 Nautical North 319120052:23 PM 1 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 21, 2005 DEPARTMENT ID NUMBER: PL05-08 Recommended Action: STAFF RECOMMENDATION: Motion to: "Approve Entitlement Plan Amendment No. 04-08 to permit modifications to the rear slopes of four lots within the Nautical North development with findings and conditions of approval (ATTACHMENT NO. 1)." Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Entitlement Plan Amendment No. 04-08 to permit modification to the rear slopes of four lots within the Nautical North development with findings for denial." 2. "Continue Entitlement Plan Amendment No. 04-08 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: Fred Tinker, 6465 Marygale Circle, Huntington Beach, CA 92648 Location: 6454, 6455, 6464, and 6465 Marygale Circle (Terminus of Marygale Circle, west of Edwards Street, south of Ellis Avenue) Entitlement Plan Amendment No. 04-08 represents a request to amend a condition of approval to modify the rear slopes of four residential properties located at the terminus of Marygale Circle. The proposal includes filling a portion of the lots with dirt and the construction of 5-foot high retaining walls topped with a one-foot block wall and two feet of view fencing within the sloped portion of the rear yards. The proposed modifications will allow for an extension of the usable rear yard area adjacent to the residences. In addition to allowing an increase in their usable rear yards, the applicant indicates that the proposed wall will add an additional layer of security based on its location adjacent to the park and will deter wildlife from accessing the rear yards (See Attachment No. 4). A perimeter fence consisting of block wall pilasters and view fencing currently exists and will remain along the rear property line separating the subject lots from the adjacent park. The fill portion of the slope and retaining wall design will result in an extension in the usable rear yards of approximately 30 feet to 12 feet. The retaining walls will consist of a Keystone Retention Wall System on the slope with concrete steps accessing the lower portion of the slope (See Attachment No. 5). This retaining wall system consists of staggered blocks with a split-face exterior finish that has a slight slope from the top of the wall to the base. PL05-08 Nautical North -IV 3/2/2005 3:22 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 21, 2005 DEPARTMENT ID NUMBER: PL05-08 The following section drawing (Exhibit No. 1) illustrates the proposed modification to the rear slopes: EXHIBIT NO. 1 rvP.GIIARDRAtL Wf to M=WALL TW cF EUS1iHQ INCSTING E)FTERIOR O TOP OF VMLAR SLOPERESr1�71cE RE AINNG WALL 41W ± � E%nNr3 PRWERTY PtivfSFl GRADE UNE WALL&OROUGNT *� O 27i MR SLOPE IRON FERCWA ♦ FlLL SQL TO REMAIN O 90%cow 4� RETAIC REGIONAL PARK 11' TTP. E— B. BACKGROUND The Nautical North development is an eight lot single-family subdivision on a cul de sac street. The subject site was part of the Holly Seacliff Development Agreement No. 90-1 approved on November 14, 1990. The original tentative tract map included several entitlements such as a zoning map amendment, zoning text amendment, local coastal program amendment, negative declaration, and conditional use permit. The original request was to permit a ten-lot subdivision on the subject site. On March 28, 2000, the Planning Commission approved the zoning map amendment, zoning text amendment, local coastal program amendment, and negative declaration; however, the tentative tract map and conditional use permit were denied. On May 9, 2000, after a decision to reconsider their action of March 8, 2000, the Planning Commission denied the project in its entirety based on potential environmental impacts associated with views to and from the adjacent regional park, grading, and drainage to surrounding properties. The City Council upheld the Planning Commission's denial of the project on July 5, 2000. Subsequent to the denial of the tract map and associated entitlements, the developer filed a lawsuit against the City. In September of 2001, the applicant submitted revised plans for an eight-unit single-family subdivision which addressed many of the concerns raised by staff and by the City Council. The modified plans provided a shortened cul de sac street that minimized the amount of grading along the northerly and westerly portion of the subject site. On February 4, 2002, the City Council approved the project in its entirety based on the revised layout of the lots and a condition that prohibited any modification to the rear slopes without approval of the Planning Director (See Attachment No. 2 & 3). The lawsuit was later dropped by the developer. Shortly after approval of the tentative map, the developer, PLC Land Co., submitted an application for a conditional use permit to allow the construction of eight single-family homes. The conditional use permit was approved on March 12, 2002. Construction of the subdivision PL05-08 Nautical North 3/2/2005 3:22 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 21, 2005 DEPARTMENT ID NUMBER: PL05-08 was completed in July of 2003. Since occupancy of the units, Planning staff has had several inquiries from the new homeowners regarding potential modifications to slopes or placement of structures within the rear sloped areas. Staff informed the residents that there is a condition of approval on the tentative tract map requiring Planning Director approval for proposed modifications to slopes. C. STAFF ANALYSIS AND RECOMMENDATION: The Nautical North residential tract is bordered by the Harriet Wieder Regional Park to the north and west. Based on its location adjacent to the park and proximity to the Bolsa Chica wetlands, staff analyzed the proposal to address compatibility issues such as grading and continuity of native vegetation between the lower sloped areas on the subject properties and adjacent park. The General Plan contains policies that encourage protection of natural topography. The proposal would modify the slopes with the proposed fill and construction of a five-foot high retaining wall topped with a one foot block wall and two feet of view fencing, which results in an increase in the usable rear yards ranging from 12 feet to 30 feet in increased depth across the four properties. Currently, the rear slopes occupy the majority of land area within the rear yards (See Attachment No. 5). Exhibit No. 2 illustrates the increase in usable rear yard: EXHIBIT NO. 2 _ ^04 EOT-r! I tr.ue � 1 R EGION At RAN K i�T1'JQ - �.f i I r¢-.,00 rv.nuo i +MAItlG11YEE CRtlE ' ; 1 I OT-7 T ss nat I: ... INCREASE IN USABLE REAR YARD PL05-08 Nautical North -8= 3I212005 3:22 PM y REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 21, 2005 DEPARTMENT ID NUMBER: PL05-08 The increase in usable rear yards is predominately 30 feet in depth across Lots 4, 5, and 6 and reduces to 12 feet in depth along the northerly portion of Lot 3. The majority of the slope area would still remain intact, measuring approximately 75 feet to 12 feet in depth (See Attachment No. 5). In contrast, the existing slopes range from approximately 105 feet to 27 feet deep, measured from the top of slope to the rear property line. The modification would allow for an increase in the usable rear yard while still preserving a majority of the existing slope. The remaining portion of slope acts as a natural buffer between the park at the bottom of the slopes and residences located at the top of the slopes. The proposed five-foot high retaining wall consists of interlocking concrete blocks with a split- face finish on the exterior. Above the retaining wall will be an additional foot of block wall topped with two feet of view fencing for a total wall height of eight feet when viewed from the park. The proposed retaining wall system will be constructed of quality materials including a keystone retaining block system consisting of staggered blocks with a split-face exterior and topped with decorative wrought iron. As previously mentioned, the retaining wall system will be substantial) setback 12 ft. to 75 ft. from the rear property line and will be aesthetically Y ( ) p p Y Y appealing when viewed from the park. The general development plan for the Harriet M. Wieder Regional Park identifies the abutting land to the north and west of the subject site as native habitat for coastal sage scrub and native grasslands. Staff is recommending a condition of approval that would require landscaping on the lower sloped areas to consist of native vegetation and low-profile shrubs that are consistent with the native plantings proposed in the plan for the abutting park. While the proposed modification to the rear slopes alters the existing topography of the four lots, a majority of the slope on each lot (except Lot 3) will remain intact. It is staffs position that the remaining slope will provide a natural progression between the adjacent park and single family homes while allowing the expanded use of their rear yards. To ensure this natural progression, a condition of approval has been included that requires native landscaping in compliance with the regional park landscaping. The proposed modification to the slope areas on the four lots along with the landscaping will provide a balance between the needs of the homeowners and the contrasting park area. Environmental Status: The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 which states that minor alterations to existing developed sites shall not require further environmental review. PL05-08 Nautical North -6= 3/2/2005 3:22 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 21, 2005 DEPARTMENT ID NUMBER: PL05-08 Attachment(s): City Clerk's Page Number No. Description 1. Suggested Findings and Conditions of Approval (EPA No. 04-08) 2. Findings and Conditions of Approval dated 2/27/02 (ND No. 99- 18/LCPA No. 00-1/ZMA No. 99-2/ZTA No.00-1/TTM No. 15690(R)/CUP No. 99-14(R) 3. Request for Council Action dated 2/4102 (Prior Entitlement Approval) 4. Narrative dated 11/3105 6 1/ 5. 1 Site Plan and Sections dated 11/3/B5 RCA Author: PDV/HF PL05-08 Nautical North 3/2/2005 3:22 PM L9 „�.. 3 3 F> a, .���Il�l� ��yb`tl...Y§s ���•'•�::�.� -,.p,}..,�a.: s�bSs�� 3 g @� �..g��^�:ii:'"�'�” 3 3 ;A"m"`m";�,td[[333� x :.:::�`i ::'•;a�:a aa .^.»I.tl :� x� _ ��r;ia'�M .. ��3i3��e �.,.,.,;.� � 3"33�rsr�.,.-ee •;:;�_.,� ..<�.. �„iea. FINDINGS AND CONDITIONS OF APPROVAL ENTITLEMENT PLAN AMENDMENT NO. 04-08 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project involves a minor alteration to the topography of the subject properties. FINDINGS FOR APPROVAL— ENTITLEMENT PLAN AMENDMENT NO. 04-08: 1. Entitlement Plan Amendment No. 04-08 for modifications to the rear slopes of four single family residential properties resulting in an increase ranging from approximately 30 feet to 12 feet of increased usable rear yards, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed modifications, as conditioned, will include substantial slopes that will provide a natural buffer between the adjacent park site and the subject lots. 2. The conditional use permit will be compatible with surrounding uses because the proposed retaining wall will consist of quality materials which will be aesthetically appealing when viewed from the regional park site. A substantial landscape buffer ranging from approximately 75 feet to 12 feet in width will be provided between the regional park site and residential structures. 3. Entitlement Plan Amendment No. 04-08 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. 4_ The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential, Low Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Avoid building materials, colors, and construction elements that visually dominate their setting and contrast significantly with the character of the neighborhood. (LU 9.1.2.b) b. Include an adequate landscape setback that provides continuity throughout the neighborhood. (LU 9.2.1.e) The project, as conditioned, will be developed with a landscape buffer along the rear portion of the subject lots. This buffer will allow for a natural progression between the adjacent regional park site and residences on the subject lots. The buffer will be developed with native plantings consistent with landscaping proposed within the regional park site. CONDITIONS OF APPROVAL— ENTITLEMENT PLAN AMENDMENT NO. 04-08: 1. The site plan and cross-sections received and dated November 3, 2004 shall be the conceptually approved layout. (04NOA0810) Attachment 1.1 2. Prior to issuance of building permits for the retaining walls, a landscape and irrigation plan shall be submitted to the Department of Public Works that identifies the proposed landscaping and irrigation within the sloped areas that is capable of preventing erosion. The landscape plan shall identify the native plants and low-lying shrubs in accordance with the general development plan for the Harriet M. Wieder Regional Park. 3. All landscaping and irrigation shall be installed prior to final inspection of the retaining walls. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. 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IE�.:.:_— ':: 1 FINDINGS AND CONDITIONS OF APPROVAL NEGATIVE DECLARATION NO. 99-18/LOCAL COASTAL PROGRAM AMENDMENT NO. 00-1/ZONING MAP AMENDMENT NO. 99-2/ZONING TEXT AMENDMENT NO. 00-1 TENTATIVE TRACT MAP NO. 15690 !CONDITIONAL USE PERMIT NO. 99-14 FINDINGS FOR APPROVAL -NEGATIVE DECLARATION NO. 99-18: 1. The Negative Declaration No. 99-18 has been prepared in compliance with Article 6 of the California Environmental Quality Act(CEQA) Guidelines. It was advertised and available for a public comment period of thirty (30)days. Comments received during the comment period were considered by the City Council prior to action on the Negative Declaration,Zoning Text Amendment No. 00-1, Zoning Map Amendment No. 99-2, Local Coastal Program Amendment, Tentative Tract Map No. 15690,and Conditional Use Permit No. 99-14. 2. Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. 3. There is no substantial evidence in light of the whole record before the City Council that the project, as mitigated through the conditions of approval for Zoning Text Amendment No. 00-1, Zoning Map Amendment No. 99-2, Local Coastal Program Amendment, Tentative Tract Map No. 15690, and Conditional Use Permit No. 99-14 will have a significant effect on the environment. FINDINGS FOR APPROVAL--LOCAL COASTAL PROGRAM AMENDMENT NO. 00-1: 1. The Local Coastal Program amendment to the Huntington Beach Local Coastal Program to modify the boundary of the Holly Seacliff Specific Plan to incorporate the subject property and to establish the RL-1 zoning designation is consistent with the designation for Estate Residential cited in the 1990 Holly Seacliff Specific Plan General Plan Amendment. 2. The proposed change to the Local Coastal Program is in accordance with the policies, standards, and provisions of the Coastal Element that encourages a mix of housing opportunities that vary in price and type. The proposed land use will provide for future upscale residential opportunities. 3. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed project will not interfere with public access opportunities provided along the Weider Regional Park, and will not impact public views. FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO. ZONING TEXT AMENDMENT NO. 00-1• . _ _. 1. Zoning Map Amendment No. 99-2 and Zoning Text Amendment No. 00-1 to establish a zoning designation of Holly Seacliff Specific-Plan(RL-1) on a 2.7 acre parcel, and to incorporate the subject property into the Holly Seacliff Specific Plan is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. The proposed 1 zoning will be compatible with the adjacent estate residential zoning designations of the Holly Seacliff and Ellis Goldenwest Specific Plans. 2. In the case of a general land use provision,the zoning map and text,amendrnent are compatible with the uses authorized in, and the standards prescribed for,the zoning district for which it is proposed. The proposed zoning will allow estate residential uses consistent with the existing land uses in the area 3. A community need is demonstrated for the change proposed. The new zoning will allow for new single family residential development. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The proposed zoning will not result in isolated or spot zoning, and will be consistent with the existing Estate Residential General.Plan designation. The Holly Seacliff Specific Plan RL-1 allows up to four units per gross acre which is consistent with the Estate Residential General Plan designation. FINDINGS FOR APPROVAL-TENTATIVE TRACT MAP NO. 15690 (R): 1. Tentative Tract Map No. 15690 (R) for a subdivision of approximately 2.7 acres into eight (S) residential lots with two lettered lots for landscaping purposes is consistent with the General Plan Land Use Element designation of Estate Residential on the subject property,or any applicable specific plan, or other applicable provisions of this Code. The proposed subdivision will be compatible in size and intensity with the adjacent residential developments in the Holly Seacliff and Ellis Goldenwest Specific Plan areas. 2. The site is physically suitable for the type and density of development. The subdivision will involve grading that will provide sufficient rear yards for the eight single family homes without impacting the adjacent Wieder Regional Park site. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The eight lot subdivision will have no adverse impacts on any fish or wildlife or their habitats. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use,will be provided. All necessary easements will be provided with the creation of the parcels and the development of the site. FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 99-14 (R}: 1. yConditional Use Permit No. 99-14 (R)for the development of a site with greater than a three foot grade differential between the high and low points will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Based upon the conditions imposed, the development will be designed to minimize impacts from grading, and will not be detrimental to the surrounding properties. 2 2. The conditional use permit will be compatible with surrounding uses based on proposed zoning and development standards. Any future development of the site will be required to comply with identical development standards set forth in the Holly Seacliff Specific Plan. 3. The proposed eight lot subdivision will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. In addition, any specific condition required for the proposed use in the district in which it would be located Any future development will be required to comply with the Holly Seacliff Specific Plan unless separate variances are approved by the City of Huntington Beach. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Estate Residential on the subject property CONDITIONS OF APPROVAL-TENTATIVE TRACT MAP NO. 15690 (R): 1. The tentative map received and dated January S,2002 shall be the approved layout. 2. Prior to submittal of the final map to the Public Works Department for processing and approval by the City Council, the following shall be required: a. The Settlement and Release Agreement pertaining to the PLC lawsuit of the City's denial of entitlements associated with the original 10 Iot subdivision shall be approved by the City Council. b. The Affordable Housing Agreement Plan shall be submitted to the Planning Department for review and approval. The agreement shall provide for affordable housing on-site or off-site. Said agreement shall be executed prior to issuance of the first building permit for the tract. The contents of the agreement shall include the following: 1) Minimum 15 percent of the units(2 units) shall be affordable to families of moderate income level (less than 120% of Orange County median) for a period of thirty years. 2) A detailed description of the type, size, location and phasing of the affordable units. 3) if affordable units (new or rehabilitate) are off-site, they must be under the full control of the applicant. 4) The affordable units shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first residential unit in the tract shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. c. The grade on the sloped landscaped areas adjacent to the park shall not be modified without the approval ofthe Planning Director. A covenant restricting the grading and redesign of the sloped condition shall be recorded on the properties. A copy of the covenant shall be re�riewed by the City Attorney prior to recordation. A copy of the recorded documents shall be submitted to the Planning Department for inclusion in the Tract file. 3 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. A reproducible mylar copy and a print of the recorded map shall be submitted to the Department of Public Works at the time of recordation. O?W) b. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9- 337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following items: 1) Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. 2) Provide a digital-graphics file of said map to the County of Orange. (PW) c. Provide a digital-graphics file of said map to the City per the following design criteria: . 1) Design Specification: a) Digital data shall be full size(1:1) and in compliance with the California coordinate system —STATEPLANE Zone 6 (Lambert Conformal Conic projection),NAD 83 datum in accordance with the County of Orange Ordinance 3809. b) Digital data shall have double precision accuracy (up to fifteen significant digits). c) Digital data shall have units in US FEET. d) A separate drawing file shall be submitted for each individual sheet. e) Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names,pen color and layering conventions. f) Feature compilation shall include,but shall not be limited to: Assessor's Parcel Numbers (APN), street addresses and street names with suffix. 2) File Format and Media Specification: a) Shall be in compliance with the following file format: • AutoCAD (version 13 or later) drawing file: DWG b) Shall be in compliance with the following media type: CD Recordable (CD-R) 650 Megabytes d. The following shall be shown as a dedication to the City of Huntington Beach on the Final Map: 1) "A" Street for public street purposes. 2) A 2.00 foot wide public utility easement as shown on said map (7 ft. parkways or less). 3) The water system and appurtenances as shown on the improvement plans. 4 4) The sewer system and appurtenances as shown on the improvement plans. 5) The easement for sewer purposes as shown on said map. (PW) e. All vehicular access rights to Edwards Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the City Council. (PW) f. All improvement securities(FaithfW Performance, Labor&Material and Monument Bonds) and Subdivision Agreement shall be posted with the Public Works Department and approved as to form by the City Attorney. (PW) g. A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney. (PW). h. The Final Map shall be recorded with the County of Orange prior to issuance of building permits. (PW). i. All Public Works fees shall be paid. (PW) j. The area covered by this tentative map shall be annexed to the Reservoir Hill Assessment District in order to provide Zone 2 water service. All necessary studies and processing fees shall be paid by the Subdivider. (PW) k. Zoning Map Amendment No. 99-2 and Zoning Text Amendment No. 00-1 shall be approved by the City Council. 1. The subdivider shall work with the Department of Public Works to establish a fund to provide for the on-going maintenance costs of Lots A and B (landscaping). 4. The following conditions shall be completed prior to issuance of a grading permit: a. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. This plan shall also include an erosion and silt control plan for all water runoff during construction and site preparation work. (PW) b. A Street Improvement Plan,prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. The following improvements shall be shown on the plan: 1) Curb and gutter, sidewalk, street pavement, signing, striping and street lighting for"A" Street. 2) An ADA compliant access ramp at thernorthwest and southwest corners of Edwards Street and "A" Street. 3) Sewage collection system including individual sewer laterals for each lot. 4) Water distribution system connecting to the existing 12-inch main in Edwards Street. 5) A new domestic water service and meter for each lot shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The water service shall be a minimum of 1-inch in size. 5 6) A separate water service, meter and backflow protection device shall be installed to serve reclaimed water for common area landscaping (Lots"A" and "B"). (VAD c. In accordance with NPDES requirements,a"Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. "Best Management Practices" shall be identified and incorporated into the design. (PVC d. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on- site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties,retaining walls, streets, and utilities. (PW) e. A Landscape and Irrigation Plan,prepared by a"Licensed Landscape Architect, shall be submitted to the Public Works Department for review and approval by the Park,Tree and Landscape Division. The Developer shall submit irrigation demands to ensure proper irrigation demands to ensure proper irrigation service sizing. Plans for temporary erosion control on slopes at rear and sides of lots shall be included. (PW) f. If soil remediation is required, a remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation- related impacts on the surrounding properties; details on how all drainage associated with the remediation efforts shall be.retained on site and no wastes or pollutants shall escape the site; and shall also identify wind barriers around remediation equipment. (PW) g. The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Departments of Planning and Public Works. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading-related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/She will be responsible for ensuring compliance with the conditions herein, specifically, grading activities,truck routes, construction hours, noise,,etc. Signs shall include the applicant's contact number, City contact (Construction Manager(714) 536-5431) regarding grading and construction activities, and "1-800-CUTSMQG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) h. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) J. The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material is required. This plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction-related impacts to adjacent residents. These plans must include a truck haul route diagram and be submitted for approval to the Department of Public Works Transportation Division. No fees are required for such haul route permit. (PVV) 6 j. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (PW) k. BloekwaiUfencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls,walls, and fences) consistent with the grading plan shall be submitted to and approved by the Planning Department. The plans shall identify materials, seep holes and drainage. 5. During grading operations,the following shall be complied with: a. Due to the proximity of the site to a known archeological site, grading:activities during remedial site grading work shall be monitored by an archeologist. (Mitigation Measure) b. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (PW) c. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m.,and shall be limited to Monday through Friday only. (PW) d. Wet down the areas that are to be graded or that are being graded, in the late morning and after work is completed for the day. (PW) e. The construction disturbance area shall be kept as small as possible. (PW) . f. All haul trucks shall be covered or have water applied to the exposed surface prior to Ieaving the site to prevent dust from impacting the surrounding areas. P P g g (PW) g. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt and dust from Ieaving the site and impacting public streets. (PW) h. Comply with appropriate sections of AQMD Rule 403,particularly to minimize fugitive dust and noise to surrounding areas. (PW) i. Wind barriers shall be installed along the perimeter of the site. (PW) j. Remediation operations, if required, shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas. (PW) k. Construction equipment shall be maintained in peak operating condition to reduce emissions. a I. Use low sulfur.(0.5/a) fuel by weight for construction equipment. m. Truck idling shall be prohibited for periods longer than 10 minutes. 7 n. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. o. Discontinue operation during second stage smog alerts. 6. The Departments of Planning, Public Works and Fire are responsible for compliance with all conditions of approval herein as noted after each condition. The Planning Director and Public Works Director shall be notified in writing if any changes to tract map are proposed as a result of the plan check process. Permits shall not be issued until the Planning Director and Public Works Director have reviewed and approved the proposed changes for conformance with the intent of the City Council's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement may be required pursuant to the HBZSO. CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 99-14 (R): 1. The site plan received and dated January S,2002 shall be the conceptually approved layout with the following modifications: a. The site plan, floor plans, building elevations, and fencing plans shall be subject to review and approval by the Planning Commission. Any deviation from development standards specified in the Holly Seacliff Specific Plan shall be subject to review and approval of a variance by the Planning Commission. b. Lots 3-6 shall be provided with one additional off-street parking space pursuant to the Holly Seacliff Specific Plan for lots with 30 ft. frontages. c. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights-of-way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) d. Depict all gas meters,water meters, electrical panels, air conditioning units,mailbox facilities and similar items on the site plan and elevations. If located on a building,they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. e. if outdoor lighting is included,energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 8 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits(architectural, structural, electrical, mechanical and plumbing)and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. All Fire Department requirements shall be noted on the building plans. (FD) c. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed incompliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) d. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units. 3. Prior to issuance of building permits,the following shall be completed; a. Applicant shall modify the sewer alignment on the fire station site per the City Engineer's direction. (PW) b. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (PW) c. The Consulting Arborist(approved by the City Landscape Architect) shall review the final landscape tree-planting plan and approve in writing the selection and locations proposed for new trees and the protection measures and locations of existing trees to remain. Existing trees to remain shall also be addressed by said Arborist with recommendations/requirements for protection during construction. Said Arborist report shall be incorporated onto the Landscape Architect's Plans as construction notes and/or construction requirements. The report shall include the Arborist's name, certificate number and the Arborist's wet signature on the final plan. (PW) d. An Automatic sprinkler and fire alarm system shall be installed throughout if the building gross square footage exceeds 5000 sq. ft. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) ..e. Fire hydrants shall be installed prior to cohnbustible construction. Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. indicate hydrant locations and fire department connections. (FD) f. Fire access roads shall be provided in compliance with City Specification No. 401. Include the Circulation Plan and dimensions of all access roads. (FD) 9 g. Submit a Fire Protection Plan in compliance with City Specification No. 426 for Fire Department approval. (FD) h. The project shall comply with all provisions of the HBFC and City specification 422, Well Abandonment. (FD) i. The project shall comply with all provisions of the HEMC Section 17.04.085 and City Specification 429,Methane District Building Permit Requirements. (FD) j. Installation and/or removal of underground flammable or combustible liquid storage tanks shall comply with Orange County Environmental Health and HBFD requirements. Treatment areas may require conformance to City Specification No. 431, Gas Fired Appliances. (FD) k. Address numbers shall be installed to comply with City Specification No. 428. (FD) 1. Street names shall be approved by the Fire Department. Please refer to City Specification.No. 409. (FD) 4. The structure(s)cannot be occupied,the final building permit(s)cannot be approved,and utilities cannot be released for the first residential unit until the following has been completed: a. A section of existing curb, gutter and sidewalk along Edwards Street must be removed and replaced. Existing street tree(s)must be inspected by the City of Huntington Beach, Park, Trees and Landscape Inspector during removal of concrete and prior to construction of"A" Street improvements. Tree replacement or root/tree-protection,will be specified upon the inspection of the root system. (PW) b. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to the final landscape inspection and approval. (PW) c. Applicant shall provide the City with Microfilm copies (in City format) and CD (AutoCAD only) copy of complete City approved landscape construction drawings as stamped"Permanent File Copy"prior to starting landscape work. Copies shall be given to the City Landscape Architect for permanent City record. (PW) d. A covenant prohibiting the removal of the open view fencing along the perimeter of the west and north property lines shall be recorded with the County Recorder's Office. The covenant shall be submitted to the Planning Department, and shall be reviewed as to form by the City Attorney's Office. A copy of the recorded covenant shall be filed N;rith the Planning Department. 5. Prior to final building permit inspection and approval of the first residential unit,the following shall be completed: a. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 10 b. All building spoils, such as unusable lumber,wire,pipe,and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle there. 6. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the City Council's action and the conditions herein. If the proposed changes are of a substantial nature,an amendment to the original entitlement may be required pursuant to the HBZSO. 7. Conditional Use Permit No. 99-14(R) shall not became effective until Zoning Text Amendment No. 00-1 and Zoning Map Amendment No. 99-2 have been approved by the City Council and are in effect. INFORMATION ON SPECIFIC CODE REQUIREMENTS—TENTATIVE TRACT MAP NO. 15690 M/CONDITIONAL USE PERMIT NO. 99-14 (R): l. Tentative Tract Map No. 15690 (R) and Conditional Use Permit No. 99-14 (R) shall not became effective until the Zoning Text Amendment No. 00-1 and Zoning Map Amendment No. 99-2 have been approved by the City Council and are in effect. 2. Tentative Tract Map No. 15690 (R) and Conditional Use Permit No. 99-14 (R) shall become null and void unless exercised within two years of the date of final zoning text amendment and zoning map amendment approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days-prior to the expiration date. 3. The Planning Commission reserves the right to revoke Tentative Tract Map No. 15690 (R) and Conditional Use Permit No. 99-14(R),pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code,Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards;except as noted herein. 5. Standard landscape code requirements apply (Chapter 232 of the ZSO). (PW ) 6. The Water Ordinance No. 14.52,the"Water Efficient Landscape Requirements"apply for _ projects with 2500 square feet of landscaping or larger. (PV ) 7. All applicable Public Works fees shall be paid prior to map recordation. (PW ) 8. Traffic impact fees shall be paid at a rate of$150 per daily trip ($14,400). (PW) 9. An Encroachment Permit is required for all work within the City's right-of-way.(PN ) 11 10. Park and recreation in-lieu fees shall be paid, or accrued credits assigned,prior to Council approval of the final map. 11. The applicant shall submit a check in the amount of$43 for the posting of the Notice of Determination at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2)days of the City Council's action. 12. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and.Federal holidays. 13. All landscaping shall be maintained in a neat and clean manner,and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Planning Commission. 12 €,�. (( ��€Eph...... ,: �es ;€� .g..E € { .:¢mttz:.��kws,.. E( tee::.:.: :s:xECE,EzasRsestR ...'—._—_E_ {€ �.,�FP" :[«-.-,mow � "..':IE h €6-6�^�^^" .....f�.E:E'ee:°.�:. ,.�:'A..'"A".�".:�:F L!«'«."-:i':4',W_� PS€{ e...--YF" -.:°:;:;:Wv.,.�:eCe,,<."..'.t':R €��_gF"g�•mm�6 E{Y�'".':�-°.:., �^ p 'R �m h Y t� ���� f3 f��»'�� I�t#?'as..`•2�E..�;...,..,.,�,.::,�FtE;:€.E:,. v�---.,. €E g'p .....« �€ €<.<., mm ...: { � E€E E Y� ._.. {'=��E{€�{dfl. @�PE���{€ �{. .:��:P��€€ ?�S �d(_ ...?. ¢ �� ��, t�����. m...�.». 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'emmWa �'. ., .<.<< ...-.,....,�m �mY'�,eee°e S{Y€Y<•s..em E {.�...., .Pebe:.e._.e,.. ee r�CiEA.-.,. qq,Y, H.VW$. 1 11)+ Council/Agency Meeting Held- 07..- ay- a z DeferredlContinued to: p roved ❑ Conditionally Approved ❑ Denied �EF- I y Clerk' Signature ` AS Council Meeting Date: February 4, 2002 Department ID Number: PL02-02 a An- -o- , Wwtj PkWT*1, q � CITY OF HUNTINGTON BEACH �- REQUEST FOR ACTION Li SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ; SUBMITTED BY: RAY SILVER, City Administrator RAl PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVE TENTATIVE TRACT MAP NO. 15690(R)/CONDITIONAL USE PERMIT NO. 99-14 (R)/LOCAL COASTAL PROGRAM AMENDMENT NO. 00-1/ZONING MAP AMENDMENT NO- 99- 21ZONING TEXT AMENDMENT NO. 00-1/NEGATIVE 0',° 44, DECLARATION NO. 99-18 (PLC LAND CO. 8 LOT SUBDIVISION) 3s37 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Transmitted for your consideration is a revised request for approval of Tentative Tract Map No. 15690, Conditional Use Permit No. 99-14, Local Coastal Program Amendment No. 00-1, Zoning Map Amendment No. 99-2, Zoning Text Amendment No. 00-1, and Negative Declaration No. 99-18 by PLC Land Company. These applications represent a request to establish zoning on a 2.7 acre parcel located on the west side of Edwards Street, approximately 150 feet south of Ellis Avenue (north of Fire Station No. 6), and to permit the subdivision of the property into eight (8) lots for single family residences. The City Council denied the project in its entirety on July 5, 2000 with findings for denial (Attachment No. 9). On April 18, 2001 the applicant filed suit, challenging the denial (PLC v. City of Huntington Beach, OCSC # 01 CC05117). The applicant has revised the proposed development in response to concerns raised at the previous public hearing with respect to the grading of the site. The revised project consists of: 1) reducing the number of single family residential lots from 10 to 8; and 2) reorienting the lots including reducing the length of the cul de sac. The revision is an effort to minimize the amount of grading to the existing topography on the site and impacts to the adjacent Wieder Regional Park site. If the revised project is approved as submitted, it would likely result in dismissal of the litigation. REQUEST FOR ACTION MEETING DATE: February 4, 2002 DEPARTMENT ID NUMBER: PL02-02 Funding Source: Not applicable. Staff is recommending approval of the revised request (Recommended Action), because: The project complies with the goals and objectives of the City's General Plan, which encourage development of new residential subdivisions that incorporate a diversity of uses and are configured to establish a distinct sense of neighborhood identity. The project will provide 8 single family units with its own sense of architectural identity, yet will be compatible with other developments in the area including The Bluffs, Country View Estates, and Central Park Estates. With the implementation of mitigation measures, the proposed subdivision will not have any adverse environmental impacts. In addition, with standard conditions of approval and the revised site design, project issues will be mitigated to a level of insignificance. The single family residential subdivision will comply with the Holly Seacliff Specific Plan RL-1 zoning designation. Based upon the scale of development and the residential estate density, the proposal will be compatible with existing developments in the area. Recommended Action: STAFF RECOMMENDATION: Motion to: 1. "Approve Negative Declaration No. 99-18 with findings (Attachment No. 8)"; and 2. "Approve Zoning Map Amendment No. 99-2, Zoning Text Amendment No. 00-1, and Local Coastal Program Amendment No_ 00-1 with findings for approval and adopt Ordinance Nos. .53b and (Attachment No. 3 and 4)"; and 3. Approve Tentative Tract Map No. 15690 (R) and Conditional Use Permit No. 99-14 (R) with findings and suggested conditions of approval (Attachment No. 's►)." PL02-02 -2- 1/28/2002 8:19 AM REQUEST FOR ACTION MEETING DATE: February 4, 2002 DEPARTMENT ID NUMBER: PL02-02 Alternative Action(s): The City Council may make the following alternative motion(s)- 1. "Deny Negative Declaration No. 99-18, Zoning Map Amendment No. 99-2, Zoning Text Amendment No. 00-1, Local Coastal Program Amendment No. 00-1, Tentative Tract Map No. 15690 (R), and Conditional Use Permit No. 99-14 (R)." 2. "Continue Negative Declaration No. 99-18, Zoning Map Amendment No. 99-2, Zoning Text Amendment No. 00-1, Local Coastal Program Amendment No. 00-1, Tentative Tract Map No. 15690 (R), and Conditional Use Permit No. 99-14 (R) and direct staff accordingly." Anal sis: A. BACKGROUND On March 28, 2000, following a public hearing, the Planning Commission approved Zoning Map Amendment No. 99-2, Zoning Text Amendment No. 00-1, Local Coastal Program Amendment No. 00-1 and Negative Declaration No. 99-18. The Commission subsequently denied Tentative Tract Map No. 15690 and Conditional Use Permit No. 99-14 for the 10 lot subdivision. On April 11, 2000, the Planning Commission voted to reconsider the approval of Zoning Map Amendment No. 99-2, Zoning Text Amendment No. 00-1, Local Coastal Program Amendment No. 00-1 and Negative Declaration No. 99-18 and scheduled a separate public hearing. On May 9, 2000, after a second public hearing, the Planning Commission denied Zoning Map Amendment No. 99-2, Zoning Text Amendment No. 00-1, Local Coastal Program Amendment No. 00-1 and Negative Declaration No. 99-18. On July 5, 2000, the City .Council upheld the Planning Commission's action by denying the request for annexation, denying Zoning Map Amendment No. 99-2, Zoning Text Amendment No. 00-1, Local Coastal Program Amendment No. 00-1 and Negative Declaration No. 99-18, Tentative Tract Map No. 15690 and Conditional Use Permit No. 99-14. The City Council denied the request based on potential environmental impacts including impacts to views to and from Wieder Regional Park, and drainage to surrounding properties_ On August 22, 2000, PLC re-initiates the request for annexation with LAFCO. PL02-02 -3- 1/28/2002 8:19 AM REQUEST FOR ACTION MEETING DATE. February 4, 2002 DEPARTMENT ID NUMBER. PL02-02 On May 11, 2001, PLC requests LAFCO to issue a Certificate of Filing of PLC's annexation request. LAFCO approves Certificate of Filing and schedules hearing on PLC's annexation request on June 13, 2001. On June 11, 2001, LAFCO approves PLC's annexation request, and Certificate of Completion of Annexation is recorded on October 18, 2001. B. PROJECT PROPOSAL: Applicant: PLC Land Co. c/o Bill Holman, 19 Corporate Plaza Drive, Newport Beach, CA 92660 Location: West side of Edwards Street, approximately 150 feet south of Ellis Avenue Zoning Map Amendment No. 99-2 is a request to modify the City's zoning map (DM 38) by designating the subject property Holly Seacliff Specific Plan (SP-9) with an RL-1 (Low Density Residential) land use category pursuant to Section 247.02 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO). The minimum lot size in RL-1 district is 7,000 square feet with a maximum density of four (4) units per gross acre. Zoning Text Amendment No. 00-11 is a request to amend the Holly Seacliff Specific Plan by incorporating the subject property into the specific plan pursuant to Section 247.02 of the ZSO. Local Coastal Program Amendment No. 00-1 is a request to amend the City's Local Coastal Program to incorporate the proposed zoning map amendment and zoning text amendment pursuant to Section 247.16 of the ZSO. Tentative Tract Map No. 15690 R is a request to subdivide approximately 2.7 net acres into eight residential lots for the purpose of constructing eight single family residences pursuant to Section 251.02 of the ZSO. The proposed density is 3 units per net acre. Conditional Use Permit No. 99-14 (R) represents a request to develop on property with greater than a three foot grade differential between the high and low points pursuant to Section 230.70 of the ZSO. The purpose is to evaluate the proposed grading plan, which should terrace proposed buildings with the grade. There is a 16 foot difference between the highest point along Edwards Street to the lowest point along the west property line. The revision to the proposed single family subdivision consists of increased lot sizes ranging from 8,372 to 19,340 square feet, with an average size of 12,772 square feet. This compares to an average lot size of 9,900 sq. ft. on the originally proposed 10 lot tract. Access to the tract will be provided from Edwards Street through a public non-gated cul-de- PL02-02 4- 1/2812002 8:19 AM REQUEST FOR ACTION MEETING DATE: February 4, 2002 DEPARTMENT ID NUMBER: PL02-02 sac (see Attachment No. 5). A 15-foot wide landscape parkway is designed along Edwards Street which will be maintained by a homeowners association. The revised request involves grading the entire site and importing approximately 8,100 cubic yards of soil to design the site for drainage compared with 12,500 cubic yards under the 10 lot proposal. The majority of the fill (up to 11.2 ft.) will occur toward the northwest corner of the tract near the slope adjacent to Wieder Regional Park (Attachment No. 5). The applicant has also submitted a site plan, floor plans and elevations for the eight single family homes. However, since these plans were not included in the original submittal, separate review and approval by the Planning Commission is required. Staff will be scheduling a separate public hearing before the Planning Commission if the City Council approves the zoning and subdivision applications. The following table identifies the subject property and surrounding Land Use, Zoning and General Plan Designations. LO CATION _ GENERAL PLAN Subject Property: Residential Estate (Holly Existing -- None Existing —Vacant Seacliff General Plan Proposed — Holly Proposed — Single Amendment - 1990) Seacliff Specific family residences Plan (RL-1) East of Subject Residential Estate Ellis Goldenwest Single family Property (across Specific Plan residences Edwards St.): South of Subject Residential Low Density Holly Seacliff Fire Station/Water Property: Specific Plan (RL-1) Reservoir West of Subject Open Space A-1 (General Vacant (Wieder Property Agriculture) Regional Park) (in Orange Co.): North of Subject Recreation/ Recreation/ Vacant (Wieder Property Conservation Conservation Regional Park) (in Orange Co.): Attached are area maps that depict the proposed zoning and surrounding General Plan and zoning designations (Attachment Nos. 10 and 11). Attachment No. 10 identifies the current General Plan designation on the subject property while Attachment No. 11 identifies the proposed zoning. The applicant indicates that the proposed Holly Seacliff Specific Plan (RL-1) zoning designation will be compatible with the adjacent zoning designations and land uses, and will allow for future housing opportunities. PL02-02 -5- 1128/2002 8:19 AM REQUEST FOR ACTION MEETING DATE: February 4, 2002 DEPARTMENT 1D NUMBER: PL02-02 This property is part of the Holly Seacliff Development Agreement No. 90-1. The terms of the development agreement became effective upon annexation of the subject property into the City of Huntington Beach. The property was annexed to the City following LAFCO approval in June of 2001 and recording of a Certificate of Completion of Annexation on October 18, 2001. The development agreement offered the City the option for five years to accept dedication for park purposes on either the subject 2.7 acre parcel (Parcel 7a) or a 4.6 acre parcel at the northeast corner of Edwards Street and Ellis Avenge (Parcel 7b). In April of 1994, the City accepted dedication of the 4.5 acre Parcel 7b. Attachment No. 12 provides a chronology of the County's and City's actions regarding the subject property. C. STAFF ANALYSIS AND RECOMMENDATION: Zoning In 1990, the City Council approved the Holly Seacliff General Plan Amendment and Environmental Impact Report (EIR) that included a land use designation on the property of Estate Residential (max. 4 units per gross acre). It specifically depicted the subject property as part of a ten acre planning area with a maximum of 25 residential units (see Attachment No. 4). The intent of the pre-general planning action was to inform the property owner and surrounding landowners that the City has reviewed and pre-approved the Estate Residential designation for the site should it ever be annexed into the City. The subject property was annexed to the City on October 18, 2001, with a General Plan Land Use designation of Estate Residential. However, according to our zoning maps and records, the property has never had a pre-zoning designation. Over the years, the City has pre-zoned surrounding areas but not this site. The proposed Holly Seacliff Specific Plan, RL-1 zoning designation will allow a density up to four units per gross acre with an average density of 1.6 units per gross acre (Attachment No. 4) consistent with the pre-general plan designation. Based on the annexation in October of 2000, the Development Agreement now applies to the subject property. Staff supports the proposed zoning of Holly Seacliff Specific Plan (RL- 1) because it is consistent with the general plan land use designation of Estate Residential. The Holly Seacliff Specific Plan (RL-1) allows up to four units per gross acre that is consistent with the Estate Residential General Plan designation. Furthermore, the zoning designation will be compatible with the adjacent designations to the south (The Bluffs), and east across Edwards Street (Ellis Goldenwest Specific Plan)_ The adjacent property located in the County of Orange (Weder Regional Park) will remain designated as open space. Staff further supports the establishment of the Holly Seacliff Specific Plan (RL-1) zoning on the property, along with the amendment to the boundary of the specific plan because the estate residential use would be most compatible with the surrounding land uses. Staff also supports the minor modifications to the acreage figures cited in the text and tables of the PL02-02 -6- 1/28/2002 8:19 AM REQUEST FOR ACTION MEETING DATE: February 4, 2002 DEPARTMENT ID NUMBER: PL02-02 specific plan. The acreage figures within the specific plan will be revised by adding approximately 3 acres. The zoning will allow estate residential uses to be constructed at a maximum density of four units per gross acre. Development Proposal In September of 2001, the applicant submitted site plans, floor plans and elevations for eight single family homes requesting concurrent approval with the zoning and tentative map applications. However, the original application submittal only involved the zoning and subdivision requests; no plans for the homes were reviewed. Now that an application for the construction of the homes has been received, separate review and approval by the Planning Commission is required. One of the issues discussed at the prior Planning Commission and City Council meetings were the potential impacts the development would have on the adjacent Wieder Regional Park. Staff is recommending a condition of approval requiring a covenant be recorded on Lots 1-6 that would restrict grading and construction of any structures between the top of the slope and rear property lines (tract perimeter) without the approval of the City of Huntington Beach. The condition is recommended to minimize view impacts to and from the park site. The applicant has conceptually agreed to this condition. D. SUMMARY Staff supports the applicant's request because the subdivision complies with the Holly Seacliff Specific Plan, and will not adversely impact surrounding uses. Staff believes the project should be approved because it is designed to minimize impacts to the existing topography along the Wieder Regional Park site. Staff recommends the City Council approve Negative Declaration No. 99-18, Zoning Map Amendment No. 99-2, Zoning Text Amendment No. 00-1, Local Coastal Program Amendment No. 00-1, Tentative Tract Map No. 15690 (R), and Conditional Use Permit No. 99-14 (R) based on the following: - The project complies with the goals and objectives of the City's General Plan, which encourage development of new residential subdivisions that incorporate a diversity of uses and are configured to establish a distinct sense of neighborhood identity. The project will provide 8 single family units with it's own sense of architectural identity, yet will be compatible with other developments in the area including The Bluffs, Country View Estates, and Central Park Estates. - With the implementation of mitigation measures, the proposed subdivision will not have any adverse environmental impacts. In addition, with standard conditions of approval, project issues will be mitigated to a level of insignificance. PL02-02 -7- 1/2812002 8:19 AM REQUEST FOR ACTION MEETING DATE: February 4, 2002 DEPARTMENT ID NUMBER: PL02-02 - The single family residential subdivision will comply with the Holly Seacliff Specific Plan RL-1 zoning designation. - Based upon the scale of development and the residential estate density, the proposal will be compatible with existing developments in the area. Environmental Status: Negative Declaration No. 99-18 was prepared with mitigation measures pursuant to Section 240.04 of the HBZSO and the provisions of the California Environment Quality Act (CEQA). Prior to any action on Local Coastal Program Amendment No. 00-1, Zoning Map Amendment No. 99-2, Zoning Text Amendment No. 00-1, Tentative Tract Map No. 15690 (R), and Conditional Use Permit No. 99-14 (R), it is necessary for the City Council to review and act on Negative Declaration No. 99-18. Attachments : City Clerk s Page Number No. Description 1. Vicinity Map 2. Suggested Findings and Conditions of Approval 3. Ordinance No.353 9 (ZMA 99-2) amending District Map No. 38 4_ Ordinance No. 3537 with Legislative Draft (ZTA 00-1) amending Holly Seacliff Specific Plan 5. Tentative Tract Map No. 15690 (Revised 8 Lots) 6. Revised site plan dated January 9, 2002 7. Letter from applicant dated September 14, 2001 8_ Negative Declaration No_ 99-18 (Includes environmental checklist, mitigation measures, and comment letters) 9. City Council Minutes dated July 5, 2000 10. Existing and Proposed General Plan Designations 11_ Existing and Proposed Zoning 12. Chronology of County, City and LAFCO actions �.. e.eft t a.._._..I PL02-02 -8- 1/2812002 8:19 AM ...........----------- nil .11 1 lf, j MIR City of Huntington Beach RECEJM Planning Department NOV 0 3 Z ON 2000 Main Street Huntington Beach, Ca 92648 City of Hw tfr Re: Nautical North Tract# 15690 The honorable members of the City Council: We are grateful for the opportunity to present our project plan for landscape of our newly purchased homes. Our project pertains to the new community recently developed on the west side of Edwards in Huntington Beach, north of the Fire Station, and south of Ellis. The construction of this community of eight homes was completed in mid July of 2003. Four of the homes are located on the view lots with the backyards facing the ocean. The back yards of these four homes have two levels with a three to one slope ending in a lower flat level. The lower level is adjacent to the land that belongs to the county. As new homeowners,we are eager to proceed with landscaping our homes, yet supposed restrictions in altering the slope have hindered our progress. Complying with such restrictions would require constructing landscape elements such as swimming pools, fireplaces;BBQ, etc. on the lower flat level,bringing the backyards in the immediate vicinity of the county land and taking away the natural blend of the county land and lower level back yards. On the other hand, constructing swimming pools and BBQ, etc. on the upper level would consume the entire upper backyard, not allowing for any significant usable "sitting area". Consequently we would like to propose a landscape plan for the four homes facing the ocean that involves altering the slope slightly, All home owners of the community are unanimous and have agreed with the general plan and wish to proceed with the landscape as soon as feasible. Enclosed is a copy of our plan for your review It,outlines installation of a Keystone Retention..Wall System on the slope with.staircase access to the lower level. We also enclose a rendering of the artist's view of the project as well as digitized pictures of the current landscape. This plan will preserve the natural look of the lower flat level similar to the surrounding county land, and will assure adequate space in the upper level to be used both for landscape (swimming pool, BBQ, etc) and for"sitting areas". Our plan allows for maximizing usable space in.the backyard, and at the same time would increase privacy by placing landscape components at the upper level away from the by passers at the county land. It would also add another layer of security against potential intrusion by unwelcome wanderers from the county land. The wild life would also be potentially kept out of the backyards. The staircase will assure safe access to the lower level, and decrease potential accidental injury resulting from slipping/falling off the slope, a cause for liability lawsuits.Planting native shrubs and trees would hide the keystone systems and serve to beautify the slope making it esthetically pleasing. The Keystone retaining systems along with the shrubs and trees would also help break the strength of the on shore winds, allowing for less damage to the property and landscape over time, making use of the backyard more enjoyable as well as more private. In summary our application requesting altering the slope per plan,would allow us to maximize our usable landscape area, increase privacy and security, lessen harmful effects of on shore winds, improve safety,prevent wild life access, and at the same time improve esthetics of the community as being viewed from the county land We appreciate and request you're most serious consideration of our application and look forward to hearing from you soon in a very positive fashion. Sincerely, red & tiara Tinker Abe S�Lin a Rayhaun 6465 Marigayle Circle 6455 M ayle Circle Huntington Beach, Ca 92648 Huntingt n Beach, Ca 92648 Lot#3 Lot#4 r� �f S a r n &Ana Talmood Quyen T an 6454 Marigayle Circle 6464 Marigayle Circle Huntington Beach, Ca 92648 Huntington Beach,Ca 92648 Lot Lot 46 x t ._.d,_E3I' Y3 �� 33� .>� �'::3�3 V3'3",.,_:>::::3 y�g9 � s....3 j 'Y��39353�-----•. MIN „ ?��l�3 m._,3a34]3.: :.:3;tS:: _33? !31SSlI m 3_?Y�°.�9YAG3�.. ;:=°">.>.>.i�e%Adx.A�i�3���A8���••:::'`:.;:;:,�:::m�,.r.:.¢Wd jVICINITY MAP ABBREVIATIONS RECEIVED ,E THE SITE ` YLE a ' ov 6'3 2004 T cwM SITE NOTES j �� cawxrraw '! 3 2 ,,. uaollLAlt SYMBOLS/LEGENDS i �' - reeo sTc�ss 5 ! I i ;: Mai LOT FF_73,92 NAVICAL NOR',- j R E G E O N A L P A A K I I LGT-1 `f EI RIG YI L CIRCLr I°yf II fr�tE If{y fif-fr�1 L L VI T,' + rwrmaaroa ae�cx.cA - - - - 4. I I I E �P dF Fk,ST.YaPE rxrq�Y4tlMru iuxx i ? lG5].m FTr7l.00 � i rora ...nrn , 1 M -.---.--.._ -- - - -- MAR[GAVLE CfRCEE c --------------------- j -- 1 Proposed:Keystone I neTaw ° r LOT-7 j �r_,,5, I Retaining Wall System 1 r ePP: i0'a' 1Y+' I I I W�plan ,robrc+.+n.�e , w.nmr site plan VJ ` tV f i f ` E f Tw.afm lAari'Al EXISTING EXTERIORRECE nED !! i W&.OIW WALL TOP OF VON' RESIDENCE WN-I. O TOP OF MODULAR LGPE f RE'"NG WALL EIVSTRIG PROPERTY } E.. IINE WALL A w Gh ,6 R��IN City of W�1 o u�NE II! RtON FENl7I1G FNt SC! TD Wn i O BOi C &CTIOn SS EG YL � CONO.MODULAR RETAINING WALL R E G I O N A L P A R K I I ' 4 TW. 3 j retaining wall section NAUTICAL NOR EXISTING MAR CAYI_E CIRCIE 17'BLOCK WALL TOP OF EXISTING A W OF MODULAR SLOPErRACr i6690 RE7AWNG WALL r INrNTIWOF0M 0EAGTI,CA @fi16 ! �OwY vOM vA wlse LW + + VOSTINC PROPEREY LINE WAL1 R w11wmI, LL IRON FTINONO �+F° ti5 ��l Ef1 exe+iol'IrF/�wr-� i TU Kum (B� r�� and +g �Lu fJtlsN GRADE E LP LP 4V�["nuw un� O zs MN.SLOPE I R EG 10N4L PAR" RLL SOIL 4 I I U C_7 A�M1 O 9 COMPACTION con.MO9VLM VP .�— i RETAIItlNG WAIL retaining wall section G�MOO" typical concrete stair plan RETAINNO WMl 7AA. I Proposed:Keystone __ .. I .�s•� �� a Retaining Wall System l T'SO.Ci�MC_ ��T wir J r^""`• _ •T F -. LL j 1 I � � fO-"� w..w �wirr � iwrw n1aw�P wsL Wr{lon• a �z%GPEi 1 ....... ^:�."r� rer.l"ro,.wn�n0 wMl.rWwn 1 I FORMED Eawc STAIR �+� TREAD 017', RISEN O B" .e �. Twuxdiwm.a YYr a.dio, �ODNC YOg1LAR WAININQ WALL TTP. local stair section GONG PhASTER FOOTWG TW. ( O�¢IMEGKm S�LM1LHn� • "keystoneretaining wall system 5 a�Toe"r 25•D. RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Entitlement Plan Amendment No. 04-08 (Nautical North) COUNCIL MEETING DATE: March 21, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full bZ the City Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement Unbud et, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOPjVVARDEP- -Administrative Staff Assistant City Administrator Initial City Administrator initial City Clerk EXPLANATION FOR RETURN OF ITEM: . 00 w f tk)ou V ou 0/s add, a s n1 Y i w OV a-re r, kS cz�u1nC, ISiYr pt� Yi2[ ol�c IG �z53C�[ .. i5 Lze- lam. LJ is lope- t -wu to CBrA a vy-es Spacea RCA Author: HZ:SH:PD:rl BEFORE pFMBIJC H BEFORE THE CI EARING NOTICEIs wERCirr of if _0UHCI OF THE �A, in the Ci 8Y GIYFIy that onN�t�AI��CH x Beach, the CitytY Council ChambersMonY, Mach 2#, aanni11 Council will Main ��� at 6 00 • GE1V zoning items hold. public hearin Street, Huntington a PROOF OF PUBLICATION AAIENDME L N ANIENp °" the following AMENDMEN'r , 0�� �DENtN O D�-OB, Z � �1NESHARES D _p C(DoAL CpA�� NG TEXr Huntington TO and theAtiunt t- obert.% STOW N SPE[IF�CF STATE OF CALIFORNIA n I3 p, Sha LaN- Beach Coastal each General La Mrlbarn Re Downtow l Plan u meltt an hoed Request.. Use n.SPecifiE Pla le (Coca! Element COUNTY OF ORANGE ss. Within Dist - a cond)honaltSP] t0 permit "tirrr astal Program), } rict use per shares and (C°mme'cia! (U'isitor. mi# front the 1'lannin as an and Downtown S Recreation] of thev�ng C'°mmercial) a g Com l I am a Citizen of the United States Hi hcific Plan mission g ay be _ Districts Downtown Specific and District g resident of the County aforesaid; Corp"oration. men Beach Blvd and' Borth side of p�' .Location: ❑ 2. roject First citic Coast over the or9nteresgeden ten he years, an NORTH ENr °�'Medel Street.) R°bait r party below amendSLOP' MODIF1 ENDMENT t CA N matter. i am a principal clerk to rear prev'ously approved Applica - 04`08 RAUR The slopes on four lAtoved site plan t. Fred Taker Reto HUNTINGTON BEACH INQEPE modifications 1ocad at`the y Permitting modifications wall to include terminus a newspaper of general cir peed with a ° construction of Mar in or ne-f o a Yb�ale Circle. printed and . der to.allow Bat block five-foot p published in the approximatel an extension of wak and two feet high retaining Huntington Beach County of and Y 12 feet to the of i+iew 9 tY MarYgale feet in de usable rear yards r fen State of California, and that Avenue) -err Pla Circle [Terminus off' Location; � a+�ging from Notice is a true and complete for T CE is HERE = 645 Pad Da voka Marygale Circle, so 5 64, was printed and published Californiad° 1 was proseVEN an al envir E � the was "led,and completed jr, a Huntington Beach issue proAosed protect couldQuality Act, was n accordance witMent. newspaper to wit the Issue(s) of in cause all potentially have a si- - It ant effect that alth ,the earlier Ell?. gnificant a ffect on the gh been avoided No.,g -1 Pursuant boob been anal a enarir°nrr�t, further is requrr hgated pursuant t0 applicable Stanalared quately The en • to that earlier ids, and have; City of Huntington B v�ronmenta! i EIR.No. 94-1 M"CH 10,2005 describedbelow. each and ►npact report is o , nothing+ NOTICE rS is available for n file at the from to HEREBY G1yEN that public 'insAection as � ON F!L€pq cocoas of the t Item. No pY of California Environ z is categoricak Office, 0 Main the proposed untjre mental Quality Y exempt ins Street, request is an file ty Act. I declare, under enal Of t° intco erior by the Public. Npy of°n Beach in City Clerk's P 20U5: ested parties at the City Of the_sta€f rep for the foregoing is true and c express INTERESTED P mice on T utrswrilll available Press opinions Or s RSOIVS are invited to Y, Arfarch 17, Executed on mARcH I OF 2 outlined above, submit evi attend maY be !i You challe dence for or against the hearing and at Costa Mesa, California at thn limited'to raisin ire the C1ty council, he aAplication public hearing only those issues you or action in court, as' c°rresp°ndence ga described ' ' som You, �f there delivered in this eoi ' else raised at are any f�her t° the City at, or notice, or . in a36-52y1 and Sues#inns please prior to,.the publicwritten SigtlatE.11' communications to the C, 0the: a e items.a P�nnin epart Clerk, birect gy nt' fo��tL, Clerkyour written _ .""S "9 R eaeb Peen ; $amdent f7i*4 52a1ifg2s4g wnra, NA UTICA L NORTHJIP MODIFICA rIONS TO SL OPES ENTITLEMENT PLAN AMENDMENT No . 04-408 .. . . . ....... ..... APPLICANT: FRED TINKER LocAnON : 64549 6455 , 64649 AND 6465 MARIGAYLE CIR . MARCH 21 , 2005 PROJECTPROPOSAL W EPA No,, 04mO8 ............... . m To PERMIT MODIFICATIONS OV­' : LL..i `°Ey INCREASE USABLE REAR YARD1. • CONSTRUCTION OF 5 FT, RETAINING WALL w TOPPED WITH ONEmFOOT BLOCK WALL m TWO FEET OF VIEW FENCING • ADDITIONAL FILL TO ALLOY A 12 TO 30 FT INCREASE OF USABLE REAR YARDS • REFERRED TO CITY COUNCIL BY THE PLANNING DIRECTOR L OCA TION AND .SURROUNDINGS !3I qq3� i �'••��� IIfFPn :gym LOCATION • WEST SIDE OF EDWARDS ST. , SOU'T'H OF ELLIS AVE , • 'TERMINUS OF MARIGAYLE CIR, SURROUNDINGS • NORTH/WEST w--m COUNTY PARK • SOUTH o.--o EDWARDS FIRE STATION • EAST o--m RESIDENTIAL 3 1 ;.= A ERiA.L MAP Mill, lips" mil i Y E� FY: P. and t 5 fFE�. g 'E ..�, fl� Py . .....^^.:,"'Yth EE § <�•-�•-.:."": � <E<...<..:.}.:'tE16 E F tl E iE Sa 3 L1? e.: PROJECTHISrORY 1 _ M j=,iii• T gg 3!l396q' 1 BACKGROUND. ................ _ A 3 q j jk} fl 3 yy 3 • 5/9/00 ORIGINAL C ENTITLEMENTS DENIED BY PLANNING COMMISSION • 7/5/00 � PROJECT DENIED BY THE CITY COUNCIL (APPEAL) • ;2/4/02 � REVISED PROJECT APPROVED BY THE CITY COUNCIL ^:ve..�6 �€£€ ::• '=•S2€�s.<EE{€"ri ",a?•': jM._....�tE:zj"e��6° { €{{€(€jj �(� ...E .-.-::t:� (�`pE �P `g�vi Vie¢"6e¢� ":�o €� ."-- ¢si€i `•,R;��:i MF[iM siEEEa � EE{�{�6�(v (((P€p W=.¢�:::�x € ( 6 -{�t'E a�P° •`I ePEC s'�:-: Se?iRiEE.E �d<[g � _ «�2Pi'<?i¢s�n�`s� 3 S�a§a`?as€> ?¢Sr ':s<ii'!C0• sx: �"��� . u ., :use .�.-.-..<.<....... .<R..,<.. � €.�i t €E§ Em c€<F P�' iiE:ei°s M? 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( € € €�•'� Em. ISSUES.* LAND USE COMPA TIBILITY 3 fi4 . ...................... .......... F • GENERAL PLANT ENCOURAGE . PROTECTION OF EXISTING GRADES • MAJORITY OF THE SLOPES WILL, BE PRESERVED WITH MODIFICATIONS • SLOPES SHALL, BE PLANTED WITH NATIVE VEGETATION • LOCATED ADJACENT TO REGIONAL PARK ISSUES,* LAND USE COMPA rIBILIrY INCREASE IN USABLE RED m 7 - f 1 ' I � ...... ........... RGIOH AL PARX � - - OrDISL Xj3PE ; r rc.sf.� pho_71a0 D jr - so*er»a # INCREASE IN USABLE REAR YARD smpian ISSUES: RE7pAwINING,1'*'vBLoCK WALLS t%EEEEEEEE ((E y1 6 gY • RETAINING/BLOCK WALL IS PF� = ED WITH QUALITY MATERIALS • SUBSTANTIAL SETBACKS FROM REAR PROPERTY LIME • AESTHETICALLY APPEALING WHEN VIEWED FROM PARK SITE STAFF RE'C01VI1VIENDATION RECOMMEND APPROVAL BAS • REMAINING SLOPES ARE MAINTAINED & PLANTED VYITH NATIVE VEGETATION • PROVIDES ADEQUATE SETBACK AND BUFFER TO REGIONAL PARK • RESULTS IN MORE USABLE REAR YARD • RETAINING/BLOCK WALL DESIGN IS AESTHETICALLY APPEALING WHEN VIEWED FROM PARK SITE NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, March 21, 2005, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: Ll 1. GENERAL PLAN AMENDMENT NO. 03-03 ZONING TEXT AMENDMENT NO. 03-03 AND LOCAL COASTAL PROGRAM AMENDMENT NO. 03-02 (DOWNTOWN SPECIFIC PLAN-TIMESHARES) Applicant. Robert Mayer Corp., Shawn Milbern Request: To amend the Huntington Beach General Plan Land Use Element, Huntington Beach Coastal Element (Local Coastal Program), and Downtown Specific Plan (DTSP) to permit "timeshares" as an allowed use subject to a conditional use permit from the Planning Commission within District 7 (Visitor-Serving Commercial) and District 9 (Commercial Recreation) of the Downtown Specific Plan. Location: Downtown Specific Plan Districts 7 & 9 (north side of Pacific Coast Highway between Beach Blvd. and First Street.) Robert Mayer Corporation. Project Planner: Rosemary Medel 2. ENTITLEMENT PLAN AMENDMENT NO. 04-08 NAUTICAL NORTH — SLOPE MODIFICATIONS) Applicant: Fred Tinker Request: To amend the previously approved site plan by permitting modifications to rear slopes on four lots located at the terminus of Marygale Circle. The modifications include construction of a five-foot high retaining wall topped with a one-foot block wall and two feet of view fencing in order to allow an extension of the usable rear yards ranging from approximately 12 feet to 30 feet in depth. Location: 6454, 6455, 6464, and 6465 Marygale Circle (Terminus of Marygale Circle, south of Ellis Avenue) Project Planner: Paul Da Veiga NOTICE IS HEREBY GIVEN that an initial environmental assessment for Item No. 1 was processed and completed in accordance with the California Environmental Quality Act. It was determined that although the proposed project could have a significant effect on the environment, because all potentially significant effects have been analyzed adequately in an earlier EIR No. 94-1 pursuant to applicable standards, and have been avoided or mitigated pursuant to that earlier EIR No. 94-1, nothing further is required. The environmental impact report is on file at the City of Huntington Beach and is available for public inspection as described below. NOTICE IS HEREBY GIVEN that Item No. 2 is categorically exempt from the provisions of the California Environmental Quality Act. DADocuments and Settingslesparzapll.ocal SettingslTemporary Internet FileslOLK61E1050321.DOC ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, March 17, 2005. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 DADocuments and ScttingslesparzaplL.ocal Settings\Temporary Internet Files%OLW E1050321.DOC E 4 e i CITY COUNCILIREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: ' J�,5?. DEP 'TMENT:•_ � 1 .MEETING DATE: }' a CC1 ACT: PHONE• ' ( ) ( ( ) Is the notice attached? ( ) (r { ) Do the Heading and Closing of Notice reflect City CouncR(andlor Redevelopment Agency)hearing? ( ) ( ( } Are the date,�ay and time of the public bearing correct? { { } { ) if an appeal,is the applicant's name included in the notice? ( ( } ( ) If Coastal D�vetopme nt Permit,does the notice include appeal language? E { { ) { ) Is there an,ErFvironrr=tal Status to be approved by Council? Is a rFtap attached forpublication? )• ( ) { Is a targer ad required? Size } ( ) ( Is the verification statement attached indicating the source and' accuracy of the rnadar�g list? Are the applicant's nacre and address part of the asailing labels? ( ( ) ( ) Are the appellanes name and address part of the marling labels? If Coastal Developcncat Permit„is the Coastal Commission part of the mailing labels? i ( [ } { ) If Coastal Daveloyamat Peadt,aver the resident labds attached? Is the Report 33,433 attached? (Economic Development Dept.items only) Pleas complete the fotlowkW.. E 1. Mini====•*�,days from pubtscation to hearing date 2. Number of times to be published_ 3. Number of days between publications 21 j 11001729 1 11001731 2 11001737 3 CITY OF HUNTINGTON BEACH COUNTY OF ORANGE SIGNAL COMPANIES INC PO Box 190 PO Box 4048 6 Executive Cir Huntington Beach CA 92648 Santa Ana CA 92702 Irvine CA 92614 15116 4 J 11051103 5 >248000 6 CITY TING ACH Jeremy Fox OF PO Box 1 6485 Marigayle Cir n200 n Beach CA 9 Huntington Beach CA 92648 CA 926 110 511 05 7 14, 511 06 8 >OC 9 LENNAR HOMES OF EN... HOM E 24800 Chrisanta Or#200 24800 C ' a Or#200 #200Mission Viejo CA 92691 Mi Viejo CA 91 CA 92 >4800C 10 1 1109 11 110 511 10 12 M LENN 0 OF Pham Vu r#200 24800 sa r#200 6484 Marlgaylt,Cir CA 9 M" on Viejo CA 9 Huntington Beach CA 92648 11 11 13 110 511 12 14 >=bn 15 Plc Plc N EACH PO Box 1 PO Box 190 Hun ' on Beach CA 8 Huntington Beach CA 92648 h CA 9 110 512 74 16 39105 17 159 391 12 18 Plc CE P C 8 Dennis F ©'Amara 23 Corporate Plaza Or# 505 Pa 6541 Silverspur Ln Newport Beach CA 92660 N rt Beach C 62 Huntington Beach CA 92648 159 391 13 19 159 391 14 20 159 391 36 21 Kevin P Conlisk Amaral Ronald Irving Brindle 6531 Silverspur Ln 6525 Silverspur Ln 6521 Silverspur Ln Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 159 391 37 22 159 391 38 23 159 391 40 24 CENTRAL PARK ONE TWO Ronald Boss Clinton G Gerlach 505 Park Ave 6515 Silverspur Ln 701 Ocean Ave Newport Beach CA 92662 Huntington Beach CA 92648 Santa Monica CA 90402 15 48 25 15IPar 26 >Park 27 CENT K CL PA TWO 505 Park 50 a Ne Beach CA 92662 NBeach CA 92662 CA 92662 1 51 28 159 29 110 14 0 CENT 0 CENTRAL PA 5BE 148— 2J�-1 505 Park 505 Par Non— sensed ce1 Ne Beach CA 92662 N rt Beach CA 92662 site no addres available 110 511 04 110 511 05 110 511 06 OCCUPANT OCCUPANT OCCUPANT 6475 Marigayle Cir 6465 Marigayle Cir 6455 Marigayle Cir Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 110 511 07 110 511 08 110 511 09 OCCUPANT OCCUPANT OCCUPANT 6454 Marigayle Cir 6464 Marigayle Cir 6474 Marigayle Cir Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 159 391 40 OCCUPANT OCCUPANT 6511 Silverspur t_n 18591 Edwards St Huntington Beach CA 92648 Huntington Beach CA 92648 City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 1-71.0 t CUPANT 18591 Edwards St yrull�INGTp Huntington Beach CA �4� `.��p•,.fo ��4 92648 C1 w " ���JYTY CA 1 LEGAL NOTICE- PUBLIC HEARING4 } y