HomeMy WebLinkAboutUse Permit 70-42 - Huntington Harbour Corporation - Construc a •.
Affidpvit o f•Polication
State of California ► )
County of Orange } ss
My of Huntington Beach )
Georgc Fa uhar, being duly sworn on oath, says: That he is n
citizen of the Prilted States, over the age of twenty-one years.
That he is the printer and publisher of the Huntington Beach } .�
Nees, a weekly new:paper of general circulation printed and pub- t'` 1 L�V:.�i.-;JJ
lished in Huntington Beach, California and circulated in the said
County of Orange and elsewhere and published for the dissemination ! --7
of local and other news of a general character, and has a bona fide _.19r!
subscription list of paying subscribers,,and said paper has been
established, printed and published in the state of Californin, and _
County of Orange, for at least one yettr next before il:c puhlicatlon ia.EtK`•'
of the first insertion of this notice; and the said newspaper Is not
devoted to the interest of, or published for the entertainment of any
particular class, profession, trnde, calling, rrce or denomination, or
any number thereof.
The Huntington Beach Nmys was adjudicated a legal newspaper
of general circulation by Judge G. K. Scovel In the Superior Court
of Orange County, California August -nth, 1937 by or :r No. A-5931.
That the APPEAL. TO THE; IMANTING OF USE PERMIT 70--42
of which the annexed is a printc%. copy, was published in said news- pppbfi�lfea4. Huritlnttai tbeacft.'t,�� �qn.
j 2i, 3971,
i t ,�•��,�, ....�::'..�••�w�� '_w
paper at least _ tans 6 9 iAl =1�QTICE of ?"UC`NiA1t'1N i-'..
',iar+t�►t. To Tifiit"cleafrriaf3-a�'.
commencing from the B t—day of January fist PERMIT 7G."
NCrrfCF IS HEREBY.G VEPt'that•r pub-
lic hearing will be hold * the'GUY
19 `_y__, and ending on the 21 aday of `7B nua ry Council of the City at Huntin�brt flfaech;
fin t:•.e council• Charrtaer of;lhs.Xivic
:enter, Huntington Bc=h, at.the _hour
of 71'A P.M., or as seen theretfdiar as
19 ?1 both days Inclusive, and as often during said period and Pope:ate. on Monday tho Ut day of feb•
tuary,times of pubLcation as said paper was regularly Issued, and in the sidefi t! n fury the . fin. gr nor rorr.
regular and entire Issue cf said newspaper sfdsnn6 an .Cwrlop" tf- .gran r+WgQ
proper, and not In - trte falannin3.Commiseial.•ef' awry hrra►ii
supplement, and said notice was published therein oil the following 70-42, to,allcw the Arutllon e{ .a w
dates, to-wit: unit plannoa rv9dbj►##i►t" iVdtePni+IAt 06
agpraximaterr tk711'
the Al Singh F � 3+ 't1{1dt'r0t.
---January 21 1971 3s(d,pr*PWW is tor~rt,sll►af�
intenectioo. of 34 &Ame area ,murna
.t"(dt,tkfv'e. A .y�a�riptiiit'it.a"
-file 11 the Planni ig oepaartrnmt,otam
S41d appeal wee'filed undK 86etlowSW
of tits Planiflpk CWG:.:* :
:. 411. Intwested.paf Ii f* 10~„t0
f , ` • %► aa,rrn! said- heerlav :s+ut _0W*WtJWr.
Publisher J .Oln_ans for• a>*,4enst "Id Appog,to
Subscribed and sworn to before me this _._.__.22ncI day of tjurthcs tnforrrietl'7ta Apryr'peg. s
tram the otfke 'aC ow-eky
Id _..y 19_�• Crrr.OF.Mt�►t�TMlQ?�,�
Clly_Clerit_�• :�. , .
Notar, Public '
Crange County, California
Ti AS D. WYLLIE
C E.ci,�t �
Ht ntin# -on Beach Piannin,19 Commission
P.O. BOX 190 CALIFORNIA 92548
February 1 , 1971
T0: HONORAP12 AYOR AND CIVY COUNCIL
FROM: Planning Commission
SUBJECT: 17SE PERMIT NO. 70-42 - APPEAL
ATTN: Doyle Miller, City Administrator
Raul Jones , City Clerk
Gentlemen:
Transmitted herewith is the Planning Commission recommenda-
tion for approval of Use Permit No. 70-42. The Planning
Commission' s action was appealed by A. W. KT:aX, 3322 Easter
Circle, Huntington Beach,
ARplicant : Huntington Harbour Corp.
4241 Warner Ave.
Huntington Beach, Calif.
Location: Southwest corner of intersection of
Saybrook Lane and Itimbeidt Drive.
Fresent Zone: R1
Master Planned: Low and Medium Density
Residenti.al.
U. P. Request: To allow the construction of a
'63 unit planned residential de-
velopment on a 9 .08 acre parcel of
land.
Reasons Siven by a2pl xc�antt : ( In Brief)
This use permit application is required by
ordinance (Article 9134) .
Staff Recommendation: Approval.
- Planning CnmtUssion Action: Approved upon
the a ow ng conditions:
1. The tentative map and plot plan received
November 23, 1970 shall be the approved
layout.
2. All streets within the project shall be
private streets,
3. The desipi of the intersection of the
private streets with public atreets
shall be approved by the Department
of Public Works.
4. If the sewer and water facilities are
tr) be dedicated to the City, a 10 ft .
wide easement shall be de'dicated . to
the City for access and maint.:nance
of such server and water facilities.
5. Tree planting equivalent to one 30 in.
box tree per unit shall be provided.
A plan showing the tree planting shall
be approved by the Planning Department.
b. A plan showing the wall design and
landscaping plan along all public streets
shall be submitted to the Planning De-
partment and Department of Public Works for
Ppproval .
7 . Provisions shall be made to provide faci-
lities for srt)rage of equipment and ma-
terials required by the association for
maintenance of the project. Such areas
shall be shown on the plot plan prior
to issuance of building permits.
8. Provisions shall be made to restrict
the number of boat slips within lot
"B" to one slip per unit not to exceed
63 slips and said slips shall not be
rented out to nUr.- residents of this
development .
9. All "Standard Conditions of Approval"
for tentat .ve tracts that are applicable
shall be complied with.
Reasons liven by the Planning _Commission for
Me-fr actloon:
1. The proposed development is in compliance
with the Rl Planned Residential Ordinance .
ROLL CALL VOTE:
AYES: Bazil , Higgins , Miller, Porter, Kerins
NOES: Duke
ABSENT: Slates
Additional Information: Don Byrnes, representing Huntington
Harbour Corp. , explained the proposal . Ed Hom, architect for
the proposed development, explained the project and stated
that all streets will be private and fully maintained.
The following property owners opposed the project on grounds
that this waterfront property should be utilized for single
homes only because of navigation hazard in the channels and
that Huntington Harbour. Corp. should meet with 13 property
oun)ers residing directly across the channel : Richard Uphall ,
4181 tforning Star Dr. , Huntington Bench; Allen 'Ater, 16382
Ardsley Circle; and, Harry Burford, 17151 Westport Dr. ,
Huntington Bench.
L
T Fred Thompson, former_ ear.ployee of Home .Savings, informed
the: Commission . that . normally .one. boat slip` per ui�3,t ..is not
Y;. required grid felt that Ghis was a very good condominiurc de-
ve 1 opment.
Commissioner Duke stated that lie was or hed to the project
on the grounds that homeowners in the a c.: should review this
project before the Commission takes action.
Respectfully submitted,
K. A. Reynolds
Secretary
KARzdr
StTBDIYr- INN.:CiOiYT' LE itEl'OR' '
TENTATIYE TUCT-MAP. 5963 " and
USE PERMIT N0. ;:-70=42
Applicant: Huntington Harbour Corp.
:Eiiiit ar•: Moffett & Nichol
Architect: Vnwin K. Hose
DATE: Decomber 15, 1974
The Subdivision Comittee has reviewed Tentative 'bract
No. 5963 and Use Permit Ito. 70-42 and offers the follow-
ing information for your convidora:ion:
1. The subject requests pertain to a 63 unit planned
residential develo nt approximately 9.08 acres
F� on FP
of land located at the southwest corner of h'%Wboldt
Drive and Saybrook Lane.
2 . The tentative map consists of 63 individual lots
upon which each separate unit will be constructed.
There are also three separate lettered lots in the
project. Lot A is the land area 'to be held in com-
rson by each of the 63 lot owners, Lot B is that
portion of the waterway to be dedicated to the City
of Huntington Beach with reservations for construc-
tion of floats and dockv over such lot. And Lot C
it to be deeded to the City as a waterway. Lots B
and C have been shown on the plat for Huntington
Harbour as being within the area set aside for
marim purposes. In this plan, the applicant pro-
poses to install 63 boat slips which is a considerable
reduction from the original proposal .
3. Lund use tabulation as submitted by the developer
is as follows:
Cross area - 9 .08 acres
Maximum units allowed - 7. 25 x 9.08 = 65.83
Units provided - 63
Open space required-63 x 1., 200 sq. ft.=1.74 at.
Open space provided - 4.45 acres
Area devoted to private streets -1. 50 ac.
Net area - 6.68 ac.
Coverage (50% allowed) - 33%
Parking:
Covered - 126 (2 per unit)
Guest •- 54 ( . 85 per unit)
Additional - 50
Boat Slips 63
I
�.
0Now
4-0 Thar• units will be attached its giaupings xang�ng
from 3 to la units, project will be served
by private streets taking accrue from Fisher Dr.
and Humb6ld t Dr.
This pyraijact is unique in that 44 parking spaces
have been ,providad below tennis courts which
will be tied in with the open space thereby in-
creasin the amount of open *pace. There are
two separate carport structures, each of wnich
will aceosmodate approximately 16 cars.
5. This plan conforms to the requirements of the
planned residential ordinance of the City.
i. The Subdivision Committee recommends approval
of Tentative Tract No. 5963 and Use Permit No.
70-42 upon the following conditions:
1.) The tentative sa and plot plan received
November 23, 197pp
shall be the approved
I*",.
u t
2) Ail streets within the project shall be �
private streets.
3) The dazign of the intoksection of the pri-
vet* streets with public streets shall be
approved by the Department of Public Works,
4) If the sewer and water facilities are to be
dedicated to the City, a 10 ft. wide ease-
went shall be dedicated to the City for
access and maintenance of such sewer and
grater facilities.
5) Tree planting equivalent to one 30 in. box
tree per unit shall be provided. A plan
showing the tree panting shall be approved
by the Planning Department.
6) A plan showing the wall design and landscap-
enngg pplan along all public streets shall be
subneitted to the Planning Department and
Department of Public Works for approval.
7) Provisions shall be made to provide facili-
ties for storage of equipaent� and materials
requi-!:ed by the association for maintenance
of the project. Such areas shall be shown
on the plot plan prior to issuance of build-.
i,ng Oermi.ts .
. '$). Provisions she t 1 . Lie .made to res.ttii;t the v number of
boat slips within Lot. IIgn to. one s;X`ip per unit not
to eXceed '63 slips and said 91i.p. shall not be
rented out to non-residents of^ INWO PSI
9) All . Stat.dard Conditions of Approval for tentative
tracts that are applicable shall be complied with.
i
I hereby certify that the Tentat've Tract Map No 5963
and Use Permit No 70-42 were approved by the City Planning
Commisg; on of the City of Huntington Beach, California,
on December 15 , 1970, upon the foregoing conditions.
Richard A Harlow
Acting Secretary
N
ii
G � �
II�III� �i ���Q��; �y
Tip /��{ ����
ArION• FOR ••.
USE PERMIT --{- S.D.M. �IV�rS
•FILING FEI- U r
:r. P.
Cll Y: OF: ;'HUNTINGTON BEACH MT 7
a. 190 . DATE FILEDy
COMMISSION ACTION CATE_.�_._._._
- ' . ..fsG�tria/i�t t:�: _�i-�►ti+1��Ar�G H 1•'T�.C.T�`, ... _ ..
APPLICANT °Ot7 "AGENT LJ APPROVO
�.. . .: . [D'ONDITIONALLY APPROVEDI'll', P:o� dDX 't 1 Lf�J0644 ,rot.+ -
C!J DENIED
1MAILIN(3 tCSS ...... h 0 WITHDRAWN .
.
• _
r. .. NO
P ES
APPEALED C:�Y C�
W
Co NCIL. ACTION DATE
# SUSTAINED:' COIMMISION�
.f
PROPEiiT OWNERl VEd WITH ." C4N6'I1IONS
r�►''' ' "P>�`.'►r-'�1�• OTHER: THAN CO MMiSSK)!
C DENIED. ;
`,`.MAIL'•ING; ,ADDKSS WITHDRAWN
EFFECTIVE P"TE
t�OCATKW OF PROPERTY .(SIDE OF .-STREET , STREET NAME , DISTANCE FROM NEAREST"
INTERSECTING STREET)
?r a^j DP y bow log. (14 ftt-0
LEGAL DESCRIPTION
lzis pow.. ''CEO A'TI VIA.. �-•1 I4P �.,g� '� pp►L 14'i
ii
3
4JSTIFICATION
..FILL OUT COMPLETELY ( IF MORE SPACE IS REQUIRED ATTACH ADDITIONAL PAGES)
STATE REASONS WHY. THE ESTABLISHMENT , MAfNTENANCE , OR OPERATION OF THE
USE OR 6UiLDING APPLIED FOR WILL NOT BE DETRIMENTAL TO : ( 1 ) THE GENERAL
WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY , ( 2) OR INJURIOUS
TO PROPERTY AND IMPROVEMENTS IN THE VICINITY F SUCH USE OR BUILDING.
i1
T'
SIGNATURE OF PROPERTY OWNER OR AUTHORIZED AGENT
THE ,.TAC•NED . SUPPLEMENTAL SHEET MUST BE READ AND SIqNL:D aY THE APPLICANT
r ! Publish
* .
Por tcMrds �
t.: �.,r....,.. _
CORRECTED
NOTICE OF' PUBLIC BEARING
APPi"1L.TL1 GRAM 0 JAZ Pax 70 42
;_N(Yi ICE IS HEREBY GIVE; that a public hearing will be held by the
Ck y. Council of the City of Huntington Beach, in the Council
Chamber of the Civic Center, Huntington Beach, at the hour of
or as soon thereafter as poesible , on
the lac day of _..Zsb3warx 19 , for the purpose of
considering s"aal to the granting by the planning Commission of
Use Permit 70-47, to allow the construction of a 63 wait planne{
residential developmnt on approximtsly 8. 18 me. pakcal of land in
the R1 Single Fatily Residsnoee District. Sair± property is located at
the southeast intersection of Saybrook Lan* and Hv-iboldt Drive. A
I tgal description is on file in tha planning, Departmnt Office.
Said appeal was filled under Section 988 of the Planning Code.
All interested persona are invited to attend said hearing and
express their opinions for or against said 3.A2.
Further information may be obtained from the Office of the City
Clerk.
DATED: l/19/71 CITY OF- HUNTINGTON BEACH
By: Paul C . Jones
City ;Clerk
Publish .ILL 4
PUBLIG"HEARING SET,
Pos tc. dG
, ° I V . .
�
/ ........:.:. NOTIC E OF PUBLIC HEARI NG
APPW. TO THE'__ .RAbM3Nr. O Z E PERMIT 70-42
." NOTICE IS HEREBY GIVEN that a public hearing will be hold by Che
City Council of the Cite of Huntington Beach , to the Ccll-nc � '!
Chamber of the Civic Center , Huntington Beach , Fit the ;,cur uF
P. M, or as soon thereafter as passible , on
the ..taL day of Fat_ ,_ramr-Y 1911_, for the purpcse of
considering an appeal to the granting by -hey Planning Commission of �
�a
Use Permit 70-42 , to allow the construction of a --;-9 unit planned
I" re. :.dent.ial development: on approximately 8 , 16 nc . parcel of land in
+-he R1 SingLe F•rimily Residence Districc . Said property i5 lor_Etred at
:.he sou-;:west: Lnt:ersecr_ion of Saybrook Lane -nd Humboldt Drive. A
lef,al description is on file to the Planni.na Department Qff; ce.
Snid appet=l wa:; filed under 'Section 98F, of: 0-e Clanntng Cock .
Aa I interested persons are invited to atti id said writ:
express their opinions for or against saki ,"�L to ttt- Za-42 .
Vort:iher information may be obtained from the Office of the City
Clerk .
DATED 121 28i 7. r.iTY OF
CI :� f;iec•i:
11 Daniels
V. T airwr
Robert �.
' UP 7i 4412 Morning Star Dr. 4101 Morningstar Dr
Hatin. Bch. , Cal .92647 Hntgn Bch , Cal 9264
i
Hunt i n,�Lun 11:, : ►, .•,, C►,t ; Robert G. Borneo Chaster D Hou•tma, Jr
4241 �.,n rm s• :+ •. , . 4002 Morning Star Dr. 41111 Morningstar Dr
ltnt.Kn . Bch . , -n 1 i t . H"p. Bch. , Cal . 29467 Ihxt`n Bch , Cal 9260
i l o : I Lk LJ S . Martin Qirck T H+artaaa►m
16 i 2 2 Mff r i i �r ► . 4p
1 Morningstar Dr. 4121 Morning Star Dr
►1nLan . 3c:' . , ► , Hantgn. bt hP , Cal . 92647 I ntXn Bch , Cwl 92"1
Jor,.c r . ;,s. L Allem B. lglae►s St"en Yurma a
1 ? 1t�2 4021 Morningstar Dr. 4131 Horning Star Dr
•:nr j;:n . B:x. . . Cal . 92"7 Hntgn bct , Cal 92647
C 1 Walter X L. 'bd' Edva rd C Hema l , Jr
! + I l �dg, �.• � • : :, 4134 Carlin 22 Via Di Rom �A
'J''�f�? L cd, Cal . 9f92r2 Long Beach, Cal 94503
()nr, It! ' . `. i Ashton H. IkkQuaant Richard C Long
I t)60 L + �;t,�: k : �, i:.�,t 4341 Morning Star Dr. 3910 S FAin
Ont17•i . h,Lh . , Cn : . 921 •'- '1 Huts. . , Cal . 9Z647 Angeles, Cal 900a3l
mm
uirinc I'i�z i . 1 N. B. Buettnerftu1 T Wilson
'.,.}f,? born 1 n,, L:t r ! ,r . 4051 "t�4orning Star Dr. 4171 Morr'' �, Star Dr
1:n t gn . B(..h . c - 1 . "2 t.4 7 Hn tgn. Bch. , Ca 1 F 92647 lin tgn Bch , Cal 92 647
!:►�:k r . ,,i .: ,,r. to. C. Barritt kichard D CN-dah1
51+ 1�' : :�. ��.. ' L . 4061 Morning Star Dr. 4181 Norm-.%%star D•r
;: �rt?, ,•,�rl�� , C. . Unt$n. 1-ch. , Cal. 926,47 Hntgn Bch , Cal 92647
V. L`►ma ld L. Dotson Wmt ington Harbour Corp.
1687 t;c,1 t 1 r• 1.r1 . 6501" badford Ave . 4241 darner Ave
AkF,n 1.*s Angeles, Cal .9W56 Hntgn Bch , Cal 92647
•
d w�" �.f,�, cry;• ! r- David Kc�emmicki
!! e 1 d�.aue r Loa► e
4 411. Morning Stier
p8�• Morning Star Dr. ni
g
Hntzc.. B-ch. , Cat . 92647 Untgn Bch . Cal 92647
Don loov*s Robt L Puette
4091 Morning Star Dr. 8547 Ta lewod 'Y'mil
Hntgn. Wi. , Cal . 92647 Chaxrin roall* , Ohio 4402
ly Edwin K Hou Albert A . Ile rboId
UP 70-42 7911 11t-rsche'l 16�91 Ardsley Cir. .
P .0 Box 71 Hntgn . rich . , Cal .92647
1A Jolla, Calif
Barbara Mitchell Donald G Smith Oswald Bros . Co .
4132 Morning Star Dr 16451 Barnstable Cir . 1b401 Ardsley Cir .
ntgn Bch , Cal 92647 lintgn . Brh . , Gal . 92647 Hnt&n Br.h . , CAl . 9264
Robt D Yeager Lis C . i"Amsay J . Kelly Harrison
5526 Elmba%U Rd 16461 Barnstable Cir 16412 Ardbley Cir.
Palos Verdes , Pen, Cal AM*h Hntgn. Bbh , Cal . , 92647 Hntgn - Bch . , Cal . 9264
90274
Robt 1. Boa a l ey Leland C , Cole Raymond F Logan
4162 17grning Star Dr 16471 Barnstable Cir 1347 Hampshire ,Cir
Nntgn Bch , CA1 . 92647 Eintgn Bch. , Cal 92647 Newport Beach, t,al 9266+
Pn-i i T Wilson Arlan Marshall Joseph L. Harrison
4i72 Morning Star Dr lb481 Barnstable Cir 16396 Ardsley Cir
lintgn Bch , Cal 92647 Hntgn fth . , Cal . 92647 Hntgn Bch . , Cal . 9264'
i
.James .J Deupree Albert Zekaria F.vereLL Lee
418.2 Morning Star Dr 16492 Barnstable Cir 16392 Ardsley Cir .
Hrntign Bch , Cal . 92647 Hntgn . Bch . , Cal . 92647 Hntgn . 801. , Ca i . 9264;
Peter A Grenraano Karen L. Dempsey
Leonard H . Crof oot
.P 0 Box 2336 16482 Barnstable Cir . 16366 Ardsley Cir .
La Puente , Cal 91746 1ttgn. &ch . , Cal . 92647 Hntgn . Bch . , Cal . 9264
Theodore D Benaderet Harold H . Gartner Allen C . AlLer
420: Morning Star Dr 1790 CarIn Ridge 16382 Ardsley Cir
Etnt fn Rt h , Cal . 92647 Beverly Hills , Cal . 90210 HnL&n. itch. , Cal . 9264
Richard W Johnson 6V4. H. McCausland et al Paul J . Ko:das
4222 horning Star Or 16462 Barnstable Cir . 16376 Ardsley Cir .
llnt.gn Bch , Cal 92647 Hntgn. Bch. , Coil . 92647 flntgn Bch. , Cal . 9264
Hauser Bros t- Ches . E. Aolrevs Fred E. Frost
i t, Humboldt Dr.
9 301 Central Ave 16452 Barnstable Cir 4 012 zti . Lc , Cal . 9264
Cardan Grove , Gal 92647. llntgn Bch . , Cal . 92647 8
Arthur Wilson Phelns Gro Zekaria Ramond Picard
l � 11 N . Reysfortd Avg 16;385 Ardslty Ci.r 16511 Grrahi4m St .
Fullerton, Cal 926A Hntgn. Bch . , Cal . 92461 E{�itbn . 0c1� . , Cal . 92b4
,;.. UP 70»42.
Janes K . Jahnxon
4052 Hi wbo Id t Dr
fttgn. Bch. A Col . 92647
De+aevan B. . Wheeler
4062 Humboldt Dr
thitg t. Uh. , Cal . 92647
Jack Brass
40 72. Humbo ld t Dr .
titan. B h. , Cal . 92647
Bquitabl.e Sennga Loan
.6150 Suns�at Blvd .
Ios Angeles , Cal .90046
Robert L. 0'Ne i 1 l
.'16293 Wayfarer Lane
fttBn. Seh. , Gael . 92647
4
H.S. Eiesentary School
t . T 3 S iF e-
Rutgn. Bch. , Cal . 92646
Atttat Dirt Supt
'N.11. 061on High
1"2 " 17th St
Hntin. Bch. , Cl .92646
-Attar Dist . Stet .
Stan Vitw Elmentaery
'7972 Warner Ave
Notre.. . Bch. , CAI . 92647"
Attns -.Dist . Supt .
i
Staff Asaft . Demign B
• State Div , of Highways..
2 304 ,Term.Annex
l.69 An6y ier, Cal ., 90054
Affidavit of Ptblication
State of California
County of Orange ? .
City of Iiuntington Beach 11 IPubliahedi 4t;;t 0" B TwrsMch f Jrn.
George Farquhar, being; duly sworn on oath, says: 'That he is -a i 7. 1�Notion Dr"P*U'iLIC HGR"I10
citizen of the United States, over the rage of twenty-one years. s ApFCM. TO Ttf 'itRA�tT1Nb' 01r
- That he is :he printer and publi!;laer of the Huntington Bench usa PI.
100.,'7842
Ne«w, a weekly newspaper of genera' circulation printed and Pub- NOTICE It NERE6Y'0tVl5M f4d a pub-
lished iu fiuntington Beach, California and circulated in the said Etic :having will 'be.' hOd' by.tiis City
j County of Orange any, elsewhere and published for the dissemination Cqunti1 ofAttr Vty.at.tlundnston.Mach,
of local and other news of a general character, and has a bona fide in, the Coi;Pelt�Charrows of ttai►".large
g Center. Huntins'ton 4*60, at the hour of
subscription list of paying subscribers, and said paper has been 7t9t1 P.M..,or as soon ttixesiter 9S pos-
established, printed and published In the State of California, and s'ble,-on Monday the ist day•of.ptabru-
County of Orange, for at least one year next before the publication arY, 1971, inr the purpose of coonaldpring
of the first insertion of this notice; and the said newspaper is not an appeal is on granting m the plan.
agog Commission df Use Permit 7(H7,.to
devoted to the Interest of, or published for the entertainment of any aglow the construction of a 59 unit.plan•
particular class, profession, trade, calling, race nr denomination, or :ftwd re E 8taa oaerelal d!I t.N,` tO Rl
any number thereof. Single .FM7f7tq ,Rosidenre' District, Sold
The Huntington Beach News was adjudicated a legal newspaper property Is-looted at the southwest I.I.
of general circulation by Judge G. K. Scovel In the Superior Court torsectlon'. of Seybrook Lane rnd Hum.
of Orange Count California August 27th, 1937 by order No. A-5931, cbolrtt Drtve. A-legal description is &n file
F ). In the,Maknninsk Oeg6rtmant Oftic*.•9sid
appeal- Graf •filed under, Section 983 of
Anneal. To The Grs�nting of Use the Planning Cade.
That the — ---------- Olt 1nteresttd'persoriy ani 1nSrited'110
attend Paid hbaring and express, their
7n-jy opinions for or against slid appeal to
Permit 2 UP 7042. ..'. : . .. .. :. i
of which the annexed is a printed copy, was published in said news- from
he W ier ce off. Ciyy`Cla��in�
DATEDt,12/2t!/71
one t Bsue C11Y OF HUNTINGTON BEACH
paper at least _ ___ fly:.Paul;O. Jon"
City Clark
comrn^racing; from the 7 t h —day of____ A nuts i y
9 7l an ndin on the 7th day' of Jn nup ry
i 1. d e � 3
19 7� both clays inclusive, ar.d as often during; said period and
as said a %>r wits regularly issued, and in the
times of publication 11
regular and entire Is:'ue of sari newspaper proper, and not in a
supplement, and said notice wo- published therein on the following
dates, to-wit:
ri 1a 1
Js�ntt I Y ? , ?
Publisher
Subscribed and sworn to before me this t�1_.—_._ day of
,Tan1)nry 71
Notary Public
Orange County, California
TI lQMAS D. WYLi iE 7�
.i Ursa�•y f: •.in��
f •sp a
Publish
PUBLIC HEARING SET Postcards � 3
FOR:. ....... ..�.
NOTICE OF PUBLIC HEARING
APPEAL TO O,E,,,ME PERMIT 70-42
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
City Council of the City of Huntington Beach, in the Council
Chamber of the Civic Center, ,
Huntington Beach at the hour of
g
P,M. , or as soon thereafter as possible , on d„�,
�.. �..�..�.rr..r
•
the _ 'S day of Eah"ry , 19 , for the purpose of
considering an appeal to the granting by the Planning Commission of
Use Permit 70-42, to allow the construction of a 59 unit planned
residential development on approximately 8.18 ac. parcel of land in
the Rl Single. family Reaeidence District. Said property is ldcated at
the southwest intersection of Saybrook Lane and Humboldt Drive. A
legal description is on file in the Planning Department Office.
Said appeal was filed under Section 988 of the Planning Coee.
All interested persons are invited to attend said hearing and
express their opinions for or against acid . anneaa 12 2A•42.
Further information may be obtained from the Office of the City
Clerk.
DATED: � /�� CITY OF- IRWINGTON BEACH
By: Paul C . Jones
City Clerk.
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PLANNING ADMINISTRATION S. 9880
ARTICLE 988
APPEAL
S. 9880 APPEAL BY APPLICANT OR INTERESTED PARTIES. Appeal may be
made to the City Council from any decision, determination
or requirements of the Planning Commission by filing notice thereof
in writing with the City Clerk within ten (10) days after such
decision or determination or requirement is mhde. Such notice shall
set forth in detail the action and grounds by and upon which the
applicant or interested party deem himself aggrieved . (972 )
S. 9881 CHALLENGE BY COUNCIL. The City Council or any member there-
of may request in writing , without explanation, within the
; 0 day period for appeal , a hearing before the City Council to
consider any decision or determination or requirement of the Planning
Commission. ( 972 )
S. 9882 REPORT. The City Clerk shall report the filing of such
ro ice to the Planning Commission and a written report
shall be submitted to the City Council by the Pianning Commission
or shall be represented at the hearing. The party whose decision,
determination or requirement by the Planning Commission is upon
li appeal , may submit a written report to the City Council for
consideration. ( 972 )
S. 9883 NOTICE. The City Cleric shall give notice of any 'such appeal
to a i 'property owners within 300 feet of any property on
which an appeal to the City Council has been filed. To cover the
expenses of such notice a $75.00 fee shall be paid by the appellant.
This notice fee must be paid at the time notice of appeal is filed.
Nothing in this section shall be construed to mean that
a filing fee is necessary if the appeal is made by a member of the
City Council . ( 1227)
S. 9884 ACTION ON APPEAL. Said appeal shall be set .for hearing
within thirty 30) days , or longer , if :•equested by appel-
lant , from the time the matter is received by the City Clerk , together
with the necessary fees. Upon the hearing of said appeal , the City
Council may affirm , overrule or modify the decision appealed .from and
enter such order or orders as are in harmony with the spirit and
purposes of applicable provisions of Division 9, with reasons stated.
Such disposition of the appeal by the City Council shall be made within
sixty (60) days after the hearing and shall be final . (1230)
'{ pLANNIING ADMINISTRATION A& S . 9830
ARTICLE 983
CONDITIONAL EXCEPTIONS
S . 9,830 GROUNDS FOR RECOMMENDATION. When practical difficulties ,
unnecessary hardships , or results inconsistent with the
general purpose and intent of applicable provisions of Division 9
occur through strict application of their provisions , the Commission ,
upon its own motion , written request of the Council , or receipt of a
petition prepared in accordance with Section 9830 and Article 986 ,
may grant or deny conditional exceptions to thi provisions of
applicable provisions of Division 9 , provided that so doing will
not defeat its general purposes . (757)
S PE11TION FOR EXCEPTION: FORM. Petitions for conditional
exceptions shall be made on forms prepared by the
Commission and shall , regardless ' of other matter, state fully the
grounds for such conditional exceptions and all facts relied upon
to show why applicable provisions of Division 9 should not be
strictly interpreted and enforced rel.,ti.ve to the property or
particular use involved .
S . 9832 PLANS OTHER MATTERS : SHOWING REQUIRED. Such petition
must be accompanied by plans , profiles , specifications
or other pertinent matter which the Commission may request and also
show: (495)
S . 9832. 1 Exceptional Circumstances . That there are exceptional
or extraordinary circumstances or conditions applicable
to the land , buildings , or premises involved , or to the intended use
of same , that do not apply generally to the property or class of
uses in the same district . (495)
S . 9832. 2 Necessity to Property Rights . That such conditional
exceptions are necessary for the preservation and en-
joyment of substantial property rights . (495)
S . 9832.3 Absence of Detriment. That the granting of such condi-
tional exceptions will not be materially detrimental
to the public health , safety, and welfare or injurious to the con-
forming land , property, or improvements in the neighborhood of the
property for which such conditional exception is sought . (495)
S . 9832.4 Good Faith . That the applicant is willing and able 'to
carry out the purposes for which the conditional excep-
tion Is sought ; that he will proceed to do so without unnecessary
delay. (495)
S9833_ HEARING REQUIRED, Before a conditional exception may be
granted by the Council or Commiss' �)n , the Council or
Commission shall hold a public hearing relative to the proposed
conditional exception as provided in Article 987 . (757)
5 . -9834 ADMINISTRATION PLANNING �`
low, AW
S 9834 REASON FOR PROCEDURAL PROVISIONS . The procedure for the
granting of a conditional exception to the provisions of
applicable provisions of Division 9 are included in this Chapter be-
cause of the impossibility of foreseeing and providing for all the
circumstances and conditions which may be affected by it , thus making
it possible to adjust said provisions to special and unusual. cases
without defeating the general purposes and spirit of said Chapters .
(495)
S�98355 CHANGE OF DISTRICT BOUNDARY . A District boundary shall
not be changed by conditional exceptions . (495)
S . 9836 rE ISM CONDITIONS , TIME LIMIT 1 GUARANTEES . The Council
of Commission may prescribe the terms and conditions
upon which a conditional exception may be granted and seta time
limit for the duration of such conditional exception , and may re-
quire guarantees , in such form as it may deem proper under the
circumstances , to insure that the purposes for which said exception
is granted will be fulfilled, and that: the conditions of the ex-
ception will be met . No Commission action governing disposition
of Conditional Exception shall become effective prior to the lapse
of the 10 day appeal period . (757)
S . REVOCATION FOR DELAY. The Council may revoke any
conditional exception for purpose of which has not
been tccompl.i.shed within a period of six (6 ) months from the date
it was granted . (495)
S . 9837 . 1 Time Limit . Each Conditional Exception authorized
under the provisions of this Article which is not
actually established, ,or the actual construction commenced within
one (1) year from the date of final approvallshall become null
and void .
For the purpose of this Section , actual construction means that
construction has started and is proceeding without undue delay .
Preparation of plans , securing financial arrangements , issuance of
building permits , letting of contracts , grading of the property , or
stock piling of materials on the site shall not constitute actual
construction .
When any use of land , building , or premises established under the
provisions of this Article has been discontinued for a period of
one (1) year, it shall be unlawful to again use such land , building
or premises for such discontinued use unless a subsequent Conditional
Exception is approved . (979)
PLANNING ADMINISTRATION S . 9837 . 2
S . 9837. 2 Any building or structure set up, erected, built-, moved
or maintained and/or any use of property contrary to the
provisions of this Article and/or any conditions attached to the
granting of any Conditional Exception pursuant thereto shall be and
the same is hereby declared to be unlawful and a public nuisance and
the duly constituted authorities of Huntington Beach shall, upon order
of the City. Council, immediately commence action or actions , proceeding
or proceedings for the abatement, removal and enjoinment thereof in
the manner provided by lac, and shall take such other steps and shall
apply to such court or ci)urts as may have jurisdiction to grant such
relief as will abate and remove such building , structure , or use and
restrain and enjoin any person, firm, or corporation from setting up,
erecting, buildi.ag, moving or maintaining any such building or
structure or us:,.ng any property contrary to the provisions of this
Article .
Failitre to abide by and faithfully comply with any and all conditions
that may be attached to the granting of any Conditional Exception
pursuant to the provisions of this Article shall constitute grounds
for the revocation of said Conditional Exception by the City Council .
All remedies provided for herein shall be cumulative and not exclusive .
(1093)
S . 9838 CHANGE OF DISTRICT CLASSIFICATION When any use of land
building , or premises has been established under the pro-
visions of this Article and there is a subsequent change in District
classification that allows said use of land , building, or premises ,
all provisions of said District Classification shall prevail and the
Conditional Exception shall become null and void . (979)
S . 9839 APPLICATION AFTER DENIAL.
(a) If a Conditional Exception has been denied, no further
Conditional Exception application covering the same
premises for the same or similar use shall be filed or considered
within a period of one (1) year from the date the decision to deny
became final .
(b) If a petition to rezone property has beet/ decried, no
Conditional Exception application covering the same
premises shall be filed or considered for a use permitted in the zone
which was denied within a period of one (1) year from the date the
decision to deny said rezone petition became final .
PLANNING ADMINISTRATION S . 840
ARTICLE 984
USE PERMITS
` (15 3
S . 984U USE PERMIT; . INTENT AND PURPOSE. Use permits, revocable,
conditional or valid for a time period, may be issued for
any of the uses or purposes for which such plans are required or peri-
mitted by the terms oaf the Huntington Beach Ordinance Code .
It is the intent and purpose of this Article to establish
a procedure which will enable the Planning Commission to review certain
uses of property within specified zoning districts 'of the city in order
to insure the best and most appropriate use of property in such zoning
districts as contemplated by the Master Plan of Land Use . It is further
intended that such uses shall not be detrimental to the general health,
welfare, safety and convenience of the neighborhood or city in general,
and shall not be detrimental or injurious to the value of property or
improvements of the neighborhood or city in general.
S . 0841 APPLICATIOI`IS . The Planning Commission shall prescribe the
'- - f6rm and scope of applications and necessary accompanying
data.
i
S . 9841. 1 Filing. Applications for approval of a use permit shall
be t i.led in the office of the Planning Department . Said
application shall be made by the owner of the property or the property
owner' s authorized went . If the applicant is not the property owner,
a letter from the property owner authorizing the agent to act in his
behalf shall accompany said application .
S . 9841.2 Filing Fee . At the time the application is filed the appli-
cant shall pay a fee of One Hundred Dollars ($100) .
S . 9841. E Public Haring. No public hearing need be held on use per-
mits except as specified by the Planning Commission . How-
ever, public hearings shall be held for use permits filed for Planned
Residential Developments .
S . 0841.4 Denial by the Plannina Commission. The Planning Commission
may aeeny� any application � f it finds any one of the follow-
ing .
(a) That the proposed use has a detrimental effect upon the general
health, welfare , safety and convenience of persons residing or
working in the neighborhood, or is detrimental or injurious to
the ✓alite of the property and improvements in the neighborhood , or
(b) That the proposed use adversely affects the Master Plan of Land
Use, or
(c) That the proposed use is not compatible with other and proposed
uses in t;ie neighborhood, or
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S . $41. d ADMINISTRATION PLANNING
(d) That the location, site layout, and design of the proposed use
does not properly orient the proposed structures to streets, drive-
ways , and other adjacent structures and uses in a harmonious manner;
or
(e) That the combination and relationship of one proposed use to
another on the site are not properly integrated; or
(f) That the access to and parking for the proposed use creates an
undue traffic problem; or
(g) In the case of a use permit for a Planned Residential Development,
that the development is not consistent with the intent and purpose
of Planned Residential Developments as set out in Section 9310.
S . 9841 . 5 Use Permit_ A2proval . The Planning Commission may approve
a use permit when it finds that the plan will be in sub-
stantial compliance with the requirements of this article, the blaster
Plan of Land Use , and the development standards for such use, or may
conditionally approve such use permit and attach such conditions as
the Planning Commission deems necessary to secure the purposes of this
article and Chapter 9, and may require guarantees and evidence that
such conditions are being or will be complied v.ith.
S . 9841.5 Hearin ., Date Continuance . The Planning Commission may con-
tinue the hearing from time to time, provided, hoVrev�er,
the public hearing or hearings shall be conducted within sixty (60)
days after the first public hearing .
S . 9841.7 Finding of Fact and Decision . In granting, • modifying or
denying; a use permit , the Planning Commission shall specify
the facts relied upon in rendering a deci„ion . Said decision shall be
made within sixty (60) days alter the public hearing .
S . 9841 .8 Failure to Act . Failure of the Planning Commission to take
final action on any use pe':mit application within sixty
(60) *days subsequent to the date of filing or the date said application
was referred to the Planning.; Corrunis!j i on by the City Council, shall be
considered a decision of the Planning Commissirn recommending that
such application be denied , unless a continuance is agreed to by the
applicant or his authorized agent .
S . 984]. .9 Notice of Decision . Notice of the decision of the Planning
Comma sion shall 5e mailed to the applicant within five
(P) working days, excluding weekends and holidays , &fter such decision
is rendered .
S . 9841. 10 Effective Date of A proval . Use permits shall not become
e ect ve for ten 1 ays after being granted , and in
the event an appeal is filed or a challenge is issued by the City
Council, said permit shall not 'iecome effective until a decision is
made on such appeal .
PLANNING ADMINISTRATION S . 9842
S . 9842 APPEAL TO OR CHALLENGE BY THE CITY COUNCIL. The applicant
or any aggrieved party may appeal a aecIsion or require-
ment of the Planning Commission to the City Council, and the City
Council or any member thereof may request in writing a hearing before
the City Council to consider any decision, determination or requirement;
of the Planning Commission .
S . 9842 . 1 Time Limit . All appeals or challenges shall be made within
ten . days following the decision of the Planning
Commission .
S . 9842 .2 Form ar.d Content . Any appeal or challenge shall be in
writing, and s all s4ecify, in detail, any grievance , error
of becision, or requirement of the Planning Commission .
S . 9842 . 3 Report . The City Clerk shad report the filing of such
not ee of appeal. or challenge to the Planning Commission .
S . 98942 .4 Filing; Fee . Accompanying any appeal shall be a filing
f'3e of Seventy-Five Dollars ($75 .00) .
S . 9842. 5 Hotice of Time of Hearin . Any decision or requirement
ti' t he Y�nnIng.;omm ssion that is appended to or challenged
by the City Council or any member therof, shall be set for public hear-
ing before the City Council by the City Clerk. Said hearing shall be
held at the earliest possible: regular City Council meeting, with public
notification pursuant to Article 987 of this code .
S . 9842 .5 . 1 Hearing Date Continuance . The City Council may continue
the hearing prom time to time, and they City Council may
refer the matter back to the Planning staff of the city for further
report, copy of which shall be made, available without delay to t;ho lard- j
owner or hij representative , provided ., Yio�,Jevcr, the public hearing or
hearings shall be concluded within sixty (GO) days after the first public
hearing .
S . 9842 . 6 Ac t is;r, by C it:v Council . The City Coune 1.1 may, after public
hearing., affirm, reverse or triodi.fy the decision of the
Planning Commission . Furthermore, the C.i' �r- Council may make any addi-
tional determination or requirement it shall c:onSider appropriate within
the limi.ta,ticn:3 imposed by this article and the ;-caster Plan of Iand Use .
The decision of the City Council :hall be final .
L . 9842.6 . 1 Finding of Fact and Dec in ion . In j;rr.nt.ing, modifying or
` denying an appeal or cha. fenge , t;hc City Council shah.
-p • , fy the facts relied upon in rendering, a o,.,cio .on . Said decision
srLwll be made within sixty (60) days after the publi_r. hearing,
S . 9842 .6.2 Notice of City Council Decision . Oot;ice of the decision
of' the City Council shall e tnt iled to the applicant within
five (5) work,ir.g days, excluding; weekends and holidays, after such
decision_ is rendered .
0
S . 984 ADMINISTRATION PLANNING
S . 9848. TIME LIMIT. Each use permit authorized under the provi.-
s ons o his article for which actual construction has
not commenced within one (1) year from the date of final approval; shall
become null and void .
S . 9843 .1 Revocation for Delay. The City Council may revoke any use
permit except, use permits for Planned Residential Develop-
ments, when actual construction has not commenced within a period of
six (6) months from the date of granting if conditions have changed so
as to snake the proposed use or building conflict with surroundir,: uses,
the intent of this article, or the intent of the district in which
such use or building is proposed .
S . 9843 .2 Actual Construction Defined . For the purpose of Sections
984' an'a 43.1.,ac ua construction means that construc-
tion has started and is proceeding without delay and with due diligence .
Preparation of plans, securing financial arrangements, issuance of
building permits, letting of contracts, or stockpiling of materials on
the site, shall not consti.tute actual construction .
S . 9843 .3 Discontinued Use of Land BuildinE or Premises . When any
use of land, 5uilding or premises esta isSed under the
provisions of this article has been discontinued fc a period of one
(1) year, it shall be unlawful to again use such land , building or pre-
mises for such discontinued use unless a subsequent use permit is
approved .
S . 9843 .4 Extension of Time Limits . Upon written, request by the
applicant or property owner. , the Planning Commission may
grant extensions of time under Sections 9843, 9843 . 1, 9843 .2 and
9843 .3, not to exceed one ( I.) year.
S . 9844 UNI AWFUL USE. Any building or structure set up, erected ,
built, mov .d or maintained and/or any use of property
contrary to the: prcvisions of thin code and /or any conditions attached
to the granting of any use permit pursuant th.. .reto shall be and the
same is hereby declared to be unlawful and a public nuisance, and the
duly constituted authorities of Huntington Beach shall , upon order of
the City Council, immediately commence action or actions , proceeding
or proceedings, for the abatement, removal and enjoinment thereof in
the manner provided by law, and shall take such other, steps and shall
apply to such court or courts as may have juri:-diction to grant such
relief as will abate and remove such building, structure or use and
restrain and enjoin any person, firm or corporation from setting up,
erecting, building, moving or maintaining any building or structure or
using any property, contrary° to the provisions of this code or the con-
ditions of said use: permit.
PLANNING ADMINISTRATION S . 9845
S . 9845 FAILURE TO COMPLY . Failure to abide by and faithfully com-
ply with any and all conditions that may be attached to the
granting of any use permit pursuant to the provisions of this code shell
constitute grounds for the revocation of said use permit by the City
Council. No certificate of occupancy shall. be -Issued if conditions
attached to the granting of the use permit have not been complied with.
All remedies provided for herein shall be cumulative and not exclusive .
S . 9846 HEARING . The City Council shall hold a hearing on any pro-
posed revocation after giving -written notice to the permittee
at least ten ( 10) days prior to the hearing.
S . 984'T APPLICATION AFTER DENIAL. If a use permit has been denied ,
no further application covering the same or similar use or
plan, ::hichever is applicable. shall be riled or considered within the
peri:�u of one ( 1 ) year from date the determination thereof became final.
S . 9848 EFFECTUAT.ICN. No building perm-.- shall be issued in any case
where a use permit is required by the terms- of the Huntington
Beach Ordinance Code, unless and until such use permit has been granted .
No certi 'icat- e of occupancy shall be issued until all terms and condi--
tions of siich use permit have been completed or fulfilled .
I �
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Q, the undersigned residents, having purchased homes in Huntington tiarhnur
to enjoy the spacious livings the boating, swimming, and the beauty of t",is water
orientated co,timunity, do srrongly protest new developments that inerr!ase population
density, 1,arking, traffic conjesti,on and pollution of the water environmr:nt.
For the following reasons, we therefore, urge the Huntington Beach City Courcil
to deny R-1 -1W Use Permit M2 for the development of 8.9 acres at Humboldt and
'aybr,oki
1. The use permit proposes construction of row houses along the waterfront;
this is not consistent with the area as now zoned or with adjacent property.
2. The use permit will increase dwelling density 45%.
3. The use permit proposes sixty three boat slips, an increase of 300% over
R-1 single fariily waterfront homes.
4. The entrance to the development. is opposite the sand beach on Humboldt.
This would create tremendous conjest•ion and parking Problems to t,hnse
entering rind .leaving Humboldt Island.
5. The Huntington Harbour Corporation stated if this project would h- a
financial success, they would develop all the land from Humboldt
along Tsdtnger to the Sunset Marina in this same fashion. This w^uld
increase the Master Flan population d- naity more than a third.
6. That before anymore permits are granted involving water areas, the
Aide lines of th- Sta}tee Environmental rrotection Agency relating to'
w ter quality, sc-lid waste disposal, and noise pollution be applied.
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