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HomeMy WebLinkAboutLand Use Element Amendment 84-1 Environmental Impact Report f RESOLUTION NO. 5373 •w A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING LAND USE ELEMENT AMENDMENT NO. 84-1 TO THE CITY 'S GENERAL PLAN WHEREAS, the City Council of the City of Huntington Beach desires to update and refine the General Plan in keeping with changing community needs and objectives ; and A public hearing. on adoption of Land use Element Amendment No . 84-1 to the General Plan was held by the Planning Commission on April 3, 1984, and approved for recommendation to the City Council ; and Therefore , the City Council , after giving notice as pre- scribed by Government Code § 65355, held at least one public hearing to consider said Land Use Element Amendment No . 84-1 ; and At said hearing before the City Council all persons desiring to be heard on said amendment were heard , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach, pursuant to provisions of Title 7, Chapter 3, Article 6 of the California Government Code , commenc- ing with Section 65350, that Land Use Element Amendment No . 84-1 to the General Plan consisting of the following changes is hereby adopted : 1 . That 3. 61 acres located at the southeast corner of Gothard Street and Center Avenue be redesignated from Public , Quasi-Public , Institutional to General Commercial. 2 . That 3. 41 acres located at the southwest corner of Garfield Avenue and Bushard Street from Low Density Residential to General Commercial . RCS : ps 5/10/84 Rev. 1 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th .day of May 1984 . . mod r ATTEST: APPROVED AS TO FORM: City Clerk City A torney // REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrat r Director of Development Services 2. Res. No. 5373 S'rATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing• resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 7th day of May 19 84 by the following vote: AYES: Councilmen: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California y, i 1 CITY OF HUNTINGTON BEACH OFFICE OF THE CITY CLERK 2000 MAIN STREET HUMTWGTON BEACH, CACi& 9Z64a LAND USE . ELEMENT AMENDMENT. 84ri. Environmental Impact. Report 83-4 huntington beach department of development services i I i i RESOLUTION NO. 5373 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING LAND USE ELEMENT AMENDMENT NO. 84-1 TO THE CITY'S GENERAL PLAN WHEREAS, the City Council of the City of Huntington Beach desires to update and refine the General Plan in keeping with changing community needs and objectives ; and A public hearing on adoption of Land use Element Amendment No . 84-1 to the General Plan was held by the Planning Commission on April 3, 1984, and approved for recommendation to the City Council ; and Therefore, the City Council , after giving notice as pre- scribed by Government Code § 65355, held at least one public ^- hearing to consider said Land Use Element Amendment No. 84-1 ; and At said hearing before the City Council all persons desiring to be heard on said amendment were heard , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach, pursuant to provisions of Title 7, Chapter 3, Article 6 of the California Government Code, commenc- ing with Section 65350, that Land Use Element Amendment No. 84-1 to the General Plan consisting of the following changes is hereby adopted: 1 . That 3. 61 acres located at the southeast corner of Gothard Street and Center Avenue be redesignated from Public , Quasi-Public , Institutional to General Commercial . 2. That 3. 41 acres located at the southwest corner of Garfield Avenue and Bushard Street from Low Density Residential to General Commercial . RCS : ps 5/10/84 Rev. 1 . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of May 1984. ATTEST: APPROVED AS TO FORM: -- , City Clerk City A torney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrat r Director of Development Services 2. Res. No. 5373 S'tA'rE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of, Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing.resolution was passed and adopted by the affirmative vote of more than 'a majority of all the members of said City Council at a regular meeting thereof held on the 7th , day of May 19 84 by the following vote: AYES: Councilmen: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correct copy of the original on file in this office. Atteot � .....��..............._.... City Cle!A C-wd *i io Ci:rk of the City Counc of the City of iiuntingt n Beach, Cal. Deputy `ly - .- -- ------ 1 Land Use Categories AMENDMENTS RESIDENTIAL PLANNING COMM. CITY COUNCIL � ' DATE RESOLUTION DATE RESOLUTION I I-6-76 87 1 2-6-76 4368 `♦1• /�. y 0�2 � q0ti 07i6- 7 1196 8-I-77 4484 07Q 9 Estate <2un/gac 9-29-77 1202 11-7-77 4551 12-6-77 1206 -19-7 4572 *117 Estate s 3 un/gac 8-1-78 1232 8-21-78 4660 10-17-78 236 11- 78 4 Estate 54un/gac - 12 12-18-78 4708 =Low Density3-6-791242 3-19-79 4728 -8 0 3-18 2614-7-80 4865 /\ / Q2OEM Medium Density 10-21-80 1268 12-15-80 4936 5-19-81 1273 6-15-81 5005 .r SAN DIEGO / "" FREEWAY A as,„�.,,;•,-. E \, ,a-; / Medium High Density II-3-81 1278 12-7-81 5053 11-17-81 1279 12-21-81 5060 049 % O I High Density/Conservation 8-z-82 5147 7P �` \ /,;;' 12-20-82 5206 / ✓' \ % \ - <' /- iiiii®High Density 12-7-82 1299 2-7-83 5223 / /� i 4-19-63 1303 5-16-83 ---- -\ ,k //• `\ COMMERCIAL 12-4-83 1315 II-3-83 5327 ' \j - / .•.•� ';. ;,,_~� R `\ ®General i 12-6-83 1315 I-3-84 5341 /. :•, i 400 t> / \\ 1,,sL / \ Visitor-Serving I 0�� �sr /, M Office Professional 0 % MIXED USE S EM Mixed Development - 5 Mix Office/Residential I............................................ ,,-'11:,;•-'', :::�, ... .... ... ,,�:-,_,;�_m ::::..::.. .,,,- :..,- . '�' ` / Commercial/Support Recreation ........................................ ...................................... ........... .............................................. .................................... .............................................. INDUSTRIAL €, \ = ................................ ......................................... Genera .............................. ....................................................... ......... ................................................................... .:.:.. _�-.+:-:::::,,;:. .......................... .'-,�.,_,._,,..=.,k- :r;•. \ ;��'.-:u°'.-z�� 99 Resource Pr oduction.............................. ::::::::�:::::::::::s::::, `';.: -' - '.::;•::::::::;:>s:�sEt:::::::. ;.1;;_; � �- ¢r Production :_ / 3 industrial Energy ...... ......................... ,..„ ,_,.� .... s°,�`-'.� -;IT:m.J=,. ,,�,�'�.. " OPEN SPACE - - °',/��.I,.,I.. / --- General 1, � , r Wat er 11 OF - P M Conservation a, „u: ; : :,'r•,.,rfr ''; Recreation ,M h I OTHER USES •'a-n; l:✓ll n, --�•�,,.�.ti<,• "r�` a:'</'+ Public, Quasi - l' I titu do nal �S✓f° P .................. ......... M Planned Community - t t• E 5 a" -rG nn Reserve in - PI - 9 'j �r 1- ,(' n n a Bo.Coast I Zone Boundary Y ! 4 ,y;9�6n; f�:" ����'��,.�°:�,��"°����'r����'��ic'tie`-,,�"�e�`-.ci:���.�.:��n.Y'i���:,'�"�i�i�l`I..'i?},`°„s'�'•������������:.�'.:::. • � 1 p f): 9[. u"s 1.« ,e S xl I h' —n - �'� -- =- v'.''�xF�,�--_,w.3r;`e:,R�S'r Af':^�j"�i''�° �„�as�y, ♦ i.:Sf� :.:...:... °2'�^' " _ - "' - ';F.� __, __ - ,,.��'.'r ,���...- .`yea" ,-,"��,�-�,,,-. ��, w'�,`•r�� - r-✓ .eT. PACIFIC COAST OCEAN PACIFIC OCEAN_-- ,�,�. �,atio," _ -� \ea aayoi♦aa pi�•.9�'-`p�tya eq�p ge'►°0�1 ® _ ® �„�,_��;s� ��s�e,. __ _ i ;k_;,:�• - ---_- _,�oiRJ�.�Ic4s�sa.<:N,~uo'..'_-•o ® D 3i•4 GENERAL PLAN HUNTINGTON BEACH CALIFORNIA LAND USE DIAGRAM PLANNING DIVISION Adopted December1976 Revised JAN. 1984 C'RM 31R i fi. R 0 TABLE OF CONTENTS SECTION PAGE o 1.0 INTRODUCTION l 1.1 Methodology 1 1.2 Environmental Assessment 1 2.0 AREAS OF CONCERN 5 2.1 Graham Place 5 2.2 Garfield-Bushard Area 10 2.3 Gothard-Center Drive Area 19 3.0 . ENVIRONMENTAL CHANGES 23 3.1 Short-Term and Long-Term Productivity 23 3.2 Irreversible Environmental Changes 23 3.3 Growth Inducing Impacts ,0 24 APPENDICES Appendix A Fiscal Impact Land Use Assumptions - Area 2.2 Appendix B Initial Study - Area 2.2 Appendix C Negative Declaration No. 83-53 - Area 2-3 Appendix D Letters of Comment j Y :a l 1.0 INTRODUCTION This report analyzes Amendment 84-1 to the Land Use Element of the Huntington Beach General Plan. The Land Use Element was adopted as a mandated element of the General Plan in December, 1973; this is the twenty-second amendment to the element. Existing General Plan land uses throughout the City are depicted in the attached Land Use Diagrams. 1.1 Methodology This amendment to the Land Use Element considers requests to change the land use designations in three areas of the City (Figure 1-1). Two of the requests were from private property owners and one was initiated by the City. The first site is known as Graham Place, located in the unincorporated Bolsa Chica area. The second is at the southwest corner of Garfield Avenue and Bushard Street, and the third area of concern is located at the southeast corner of Center Drive and Gothard Street. The amendment requests are analyzed in terms of the existing conditions on the site, anticipated ¢ impact on surrounding areas, major land uses and environmental issues, and consistency with adopted City goals and policies. 1.2 Environmental Assessment Section 15148 of the State EIR Guidelines states that "The requirements for an EIR on a local General Plan element or amendment thereof will be satisfied by the General Plan or element document and no separate EIR will be required if: 1) the General , Plan addresses all the points required to be in an EIR by Article 9 of the State EIR Guidelines, and 2) the document contains a special section or a cover sheet •identifying where the General Plan 1 C A eau E L j Y.Vh 2. 1 u� 2.2 wrnrox �i Areas ®f Concern O 0 2 1 e e J document addresses each of the points required." In conformance with State guidelines, this document will constitute the EIR for area 2.2 of Land Use Element Amendment 84-1. An initial study addressing this area of concern was prepared pursuant to Section 15080 of the State Government Code to identify potentially significant impacts associated with the proposed land use designation. The EIR focuses on those impacts that were determined to be significant. The environmental setting and significant impacts associated with the issue areas identified in the initial study are addressed in Section 2.2. Alternative land use designations and feasible mitigation measures to minimize U significant effects are also discussed in that section. Section 3.0 addresses overall environmental changes related to the following considerations: 1) the relationship between short-term and long-term productivity; 2) irreversible or unavoidable environmental changes; and 3) growth inducing impacts. The Graham Place area (Area 2.1) involves a General Plan Amendment, a prezoning request, and an annexation proposal within the Bolsa Chica. Because of the sensitive nature of the projec.t's location and the complex interrelationships involved in the planning of the Bolsa Chica, the environmental assessment for Area 2.1 is contained in a separate EIR (83-3) that will accompany the land_ use analysis contained in this document. Negative Declaration 83-53 addresses environmental impacts of the City-initiated request_ at Center Drive and Gothard Street (see Appendix C). t 3 2.0 AREAS OF CONCERN 2.1 Graham Place 2.1.1 Background The Fieldstone Company has re ested a General Plan Amendment and Pre-Annexation Zone Cha on the 42.4 acre Graham Place site (known as the W.R. Gra e property) located in the unincorporated Bolsa Chica ea of range County at the terminus of Graham Street. Th site is bordered by: 1. the Garden Grove-Wintersburg Flood ontrol Chann 1 to the northwest, existing single-family residentia development wit in the City of Huntington Beach to the northea , and undeveloped olsa Chica within the County of Orange to he south, southeast, a d west. The applicant has requested to a end the Land Use Eleme t to redesignate the property from Pla ning Reserve to Low Densit Residential, which would allow a m imum density of seven units pe acre. As with the remainder of a Bolsa Chica area, the site is ithin the City's sphere of i luence, but carries no zoning de ignation. The applicant is requesting a pre-zoning designation o R 1, allowing either sin e-family conventional detached homes on ;000 square foot ruin* um lots or single-family attached units at maximum density of 6.5 units per acre under the Planned sidential Devel ment provisions of the Huntington Beach •Zonin Code. Exis ng land use and zoning designations on the site and surr nding pro erties are, depicted in Fig.ures 2.-1 and 2-2. he site is currently vacant. Three abandoned oil wells located 'n the eastern. portion.of.the site and two pipelines extending into th project area reflect the former usage of the site for oil production. purposes. The applicant proposes a conceptual plan of 95 " 5 E (� l WARNER d AVE (.I1.I I I1.11 �`L 1��I_LI=ILLIZ) �. LI IZTT'' GENERA _El DOpeDO DR - RQ4 p a _ N M IUM DENSITY_ COWER AL _- PENOLf. r _ _ { RE DENTIAL ' - - ___ _ _ _ _ J y NEW DENSITY a HIGH DEN - TY R' ,IDENTIAL RESIDENTIA NE nrO-f C4- _ \ \ RECREATION u IDS M,bM.0 DI 0. - �, - LO DENSITY I ' RESIDENTIAL ♦ t _ _ M rt T"T T� � '� ♦♦.♦ ; YIN{ CF-ECA - ♦ 4 IL' \� • l R a•0 CF-R rr 1 PLANNING RESERVE ` o i EXISTING GENERAL PLAN Area ' of Concern 2. 1 ° ° d 0° 0 v6 F'iqure 2-1 WARNER — �I t AVE L y C4 d R5 lly(0)C41 — RI RI �il _ RI— \�„ .•p' l ie EL DORADO OR �� nOT R2 1p"2 RI =RI �A I i �I RI' C Y �_ - RY RI Jjl ;--' PENDLE�N 0 �)RI RI RI RI �lRI R,?�/D? R IO2 R I . `I < R I R2 RIF d s RI 1 / R3'2 r DLENROY DR o aT iI /j RI RI RI or , R3 RI `0001 IAA ' Al GKN DR COASTAL — ZONE »�•�_ I '` RI RI ''' �' €_.. RI RI RI RI RI rru cR C —E �r j Ik S o a RI RI E �� RI I R t w'. f! ; _ L at RI• .. q.Dr. -- --" Da — o • e s �s RI ' d •� • ro PRICE DP / R2LS5) R I I RI R I R 1 M R2(55) R2(55 .1R1 I = RI RI .. '\ 2(5.5) RI`` ffi __ ..fu. —T.rt>---- R I OP � . (55) R2(5 RI LowDEs RI DA s�X L..,,. I cRI _ / RI RAPKAEL OR 1 b.•ua/I1L1LL W w N.IW Irs ' U.•..•a.l U�l..ltw•.•fr.l 10 f� / *� �e ..:. I M OR i.l 11•avaluA Ar.la rb yp.l ��� I P , ..a.e..uP.•.y..Rw. lu bniulod' .. CF-R 1' RI lrr. a .�..,� h I`'` L RI LEGEND ` RI v RI RI RI �•••� COASIY sou"My ` a� c� RI ••.�. ADU ._ OR . RI s b e 6 R r ` Rl RI PI ! ` RI. RI RI r RI I f I RI d ' RI fl n� EXISTING ZONING Area of Concern 2. 1 00 oao 0 0 Figure 2-2 r single-family detached units and 107 single-story townhomes to be constructed on the property. 2.1.2 Analysis E vironmental Impact Report No. 83-3 evaluates existing condition an impacts associated with the Low Density Residential reque , and commends appropriate mitigation measures. The EIR cont ins the a lysis for landforms, geotechnical resources, water reso ces, biologi I resources, cultural resources, traffic circulati , air quality, oise, land use, relevant planning programs, de hetics, communit services and utilities, energy conservation, d fiscal impact. T following analysis evaluates the request and other alternatives terms of land use compatibility and con stency with past and curre t planning efforts in the general area. Staff considered other General Plan land use des' nations for the subject property, cluding Planning Reserve, an various densities of residential use a ove seven units per acre. e site is currently designated Planning Reserve as is the eater part of the unincorporated Bolsa hica. The major exc ption is the 530 acres of existing and propos d wetland restora on area (per the 1973 State agreement with Si al Landmark) 1 ated west and southwest of the site. This area is signated Op Space by the City's Land Use Element. The Planning Reserve designat n is pplicable to the following: " a. Land areas in a pre-develo ent phase that are not yet fully planned or ready for imm is e development. b. Land in transition to imate u e that may designated as a "holding" zone. C. Resource product' n areas includin 1and_ uses for agriculture or oil extraction urposes. The intent of this ategory is not to preclu development, but to" identify such ar as as deserving special at ntion and planning effort. The P nning Reserve designation i the Bolsa Chica recognizes th comprehensive planning effort, n occurring under the Orange ounty Local Coastal Program. The ounty LCP was adopted by he Board of Supervisors in '1981 but h s not yet been certified y the California Coastal Commission. The County expects o re-submit its LCP to the Coastal Commi ion in early 1984. he Land Use Plan component of the County L currently desi ates the areea of concern and the area to the outhwest, sou , and southeast as Medium Density Residential (3.5 to .5 units p acre). This category is consistent with the City's Low ensity esidential category which allows a maximum density of seve units per acre. Therefore, the requested land use designation con rms with the County's planning efforts in the Bolsa Chica and prov es land usLa compatibility with the .existing single-family subdivisi s abutting the site to the northeast and east within the City. 8 .. . rom the criteria of, consistency with the County LCP, a City lan u designation of low density is the most appropriate use of e sit Residential densities above 6.5 units per acre would ot. con rm with the intent of the County's planning efforts i 41he Bolsa hica. The County Land Use Plan concentrates the ulk' of High ensity (6.5 to 18 units per acre) and Heavy ensity Residen 'al (18 to 28 units per acre) on the Bolsa .0 ca Mesa located n thwest of the site. Residential development ' the Bolsa Chica low nds is intended to be primarily low densi and water oriented in haracter. Navigable waterways would provide tidal flushing and cess to interior developed areas of a lowlands as well as bufferi between the 600 acre planned wi life habitat and . residential uses. A predominantly low density c racter within the developable por 'ons of the lowlands wo Id provide more compatibility with these channels and the sa marsh system than would a medium or 'gh density residential al rnative. The extent and config ation of the area concern is unique within the Bolsa Chica. The R. Grace owner ip of the site is the only major separate legal par I from the S nal Bolsa properties and the salt marsh area owned b the Stat . The . subject property was divided off from and was tended to be a second phase to .the single-family residential de lop ents in Tracts 7495 and 8630 abutting the site to the northe t Consequently, the removal of the Planning Reserve designation d the development of the site as Low Density Residential wo d be compatible with this earlier planning effort. Additionally, the ev.elopment of the site ahead of the Bolsa Chica study area ould n set a precedent for piecemeal development - of the . ar Altho h within the Bolsa Chica, development of the site an be cons ed a logical extension. of the existing single-family acts to the no heast. The existing homes were originally built ith the intention f completing development to the south and fi eshing the cul-de=sac and knuckles which are now pact of the proposed project. The .proposed low density development wou be sufficiently served by xisting public services and utilities wit minor alterations as indicate in FIR •83-3. Although co ►dered an extension of Tracts 7495 nd 8630, the area of concern vertheless interfaces with significant lanning issues. in the Bolsa hica. EIR 83-3 identifies a number of is ues In the Bolsa 'Chica t ' t either directly or indirectly .affect the s bject property and "Pr posed land use designation. Geotechnical, hydrological, wetla d restoration, and public services concerns ar among the ,mos significant impacts 'now being investigated by the ounty and of r agencies as part of the LCP :process. As recommen d by the ;the City, should coordinate with the County and re ire the pplicant to participate in or contribute funding to the arious programs under consideration to .mitigate these concerns. 2.1.3, Staff Recommendation Staff recommends that the area of concern be redesignated fro Planning Reserve to Low Density Residential. ,9 2.2 Garfield-Bushard Area 2.2.1 Background Area of Concern 2.2 is a request by the San Alto Development -Company to change the General Plan.designation on 2.21 + acres of vacant property located at the southwest comer of Bushard Street and, Garfield Avenue from Low Density Residential to General Commercial. A General Telephone switching facility is located on 1.2+ acres immediately south of the subject property and within 'the Low Density Residential General Plan designation area. This use is inconsistent with the existing residential designation but would be consistent with a commercial designation. For purposes of analyzing a commercial use for the vacant 2.21 + acres, staff has expanded the area of concern to include the entire 3.41+ gross acres located at the southwest corner of Garfield Avenue and Bushard Street between Garfield and Litchfield Drive. This amendment analyzes three potential land use designations for the 2.21 acre site: (1) Low Density Residential, (2) Medium Density Residential, and (3) General Commercial, the applicant's request. Under a Low Density Residential land use designation, both a conventional RI subdivision and a planned residential development are considered for the study area in this report. An off ice professional use and a neighborhood convenience center are analyzed for the site under a General Commercial designation. 2.2.2 Analysis 1. Land Use The City's General Plan designates property, south, west, and east of the study area as Low Density Residential (Figure 2-3). Property north of .the study area is located within the City of Fountain Valley and is also designated for low density residential development. Surrounding land uses are predominantly single-family homes to the north, south, and west, with a community garden directly east of the site across Bushard Street. Diagonally across from the study area, on the northeast comer of Bushard and Garfield, is a neighborhood commercial center. The area of concern is currently zoned R5, Office-Professional (Figure 2-4). Property south, east, and west of the study area has RI, Low Density Residential, zoning. Property to the north, located in the City of Fountain Valley, is zoned RI-PD (Low Density-Planned Development). 10 � 1111111-� • � - ` �i i�1■�I � ._ .�-.� �■'.� ■III/������ � �.- . � :■IIIIIIII II11II � �•��.� � ENSITY ' � � .`/IIIIIIII■IIII■1■ ■■I■I■■�■■■■I■I■■\� LII I �►/ w . �11111 111111 II II 11 I 1■ � � � � ■ ■■I IIN� i • NINE ME i = : o � 1 NI ■_ � _i i� �■11�■1�11111 ; � '■� =i= i. ii r��-ii::ice\■■■■h 'r 1I �N111I11�Z I��IIIIII■NIN■� s� g . a/.■i a■� tl :s mol1III1 ■1II/ 111111■I111IIIII■ A���N �M� 11NIII!fa 1111111r:1 111 Sn = 1 I I■/IME iN1111\ �:' =1�v■ 1=- _ � NNI IIn11 u�NI�; � . ■IIIIIn1. _.•������ 11� ��IInI -II1uI11 � Lit!IIIIIII IH� N1IHN NNnn.• �IIIIIII: 11I 1 uIIII■•: .�IIIII � �. MINI g . , 1 Jk _ 31 U GARFIELD -- AVE. of y �Hu IN w _. p RI Z 7 2p.62 R) _-pL,.EFIN Rl RA R LN R _ SH RRY a R I ALBACORE DR = - F RI RI J RI RI RI ;R R5 16 RI QQ o^ Ho N C 2 J WILL LM CR 1� ■ BASS DR KURI U J RI U 1� � I � N ' -' -- ----- R I �_ LL R3 �, N LR IT HFI L ~ RI RI RI ; M H C2 1 R I R I RI 6 LAR _ VE AR00 wYD[ PARM a DR I R 1 R I >z 0. C. F. C D. y ......-. ...r. .._....._... - pOw ........:r;R ( a:a' RI a['i��r.; R�;w RA R --- - ------------—'----------------------- = 12 KREPP DR. J - FLOUNDER OR RI CF--E w J a i RONNEY DR K DR M40IIP,AM DR • Q Iw RI 1'faLi3c'R'i •::;;,:::,1 =p1 RI RI 1 p{ RI RI RI RI MH BLANE C _ SAILFISH DR _ RI aRl y BRABwuI ' Oi 2 HRI KAREN C TARPON DR. uRI RI RI RI RI RI d�AN.NIK i RI oR z O GRAND ' RI DR. RI FAIR TID CR u_------ FRl •< C4 roalcrowN RI AVE. RI RI RI RI VERONICA OR GREENWICH DR c DELAFIELD C m i FRFOEPoCK w RI 3 RI RI W RI RILRI RI I� `'""''"'"D'ot1 RI WARFIELD OR " C DN - Y PORTSNOUTH DR. INNSBRUCK =LR RI RI J RI RI RI _ RI RI W �x CF-E NANTUCKET OR LVAR I CF-R S,-Hoc-u a ¢ ��s COAgTIMM)FI p1. MADELINE DR LL HYANNIS PORT DR. WARBURTON DR •a RIS RI CFc RI -'� RI^ RI I CAPE COD DR. TELHAN DR 90b RI RI J. NORTH LINE SE V, 1/, SEC.6-6.M3 S MCMLEV DR z I R3wl R3 R3 R3LR I R3 ;i::Hiii+i.) GRDTDN DR J i R2 R3 Q verrsw000 Da """T"L�� xMKa.Tao LN PIONEER R2 oR 1320!TO 1 RI RI RI RI Rl RI R3 RS J R3 `3 R3J R3 R3 R3 �R3 R3 R3 R3 ¢ GETTYSRURG DR. _ fR N LLINE LOT 65TR„B R I C) w o: VR3 R3 O 1 w UWAHuDR I'D�� CRlAVFORD CR u ,+ I. w n R3 'R3 r C DO o. sT w R3 £ SQ U � R xwSwW R5 0 A. R3 ADAMS AVE. r • �6 i3 T B, EXISTING ZONING Area of Concern 2.2 o � o ' 12 FiaurP 2-A Low density residential development in the area of concern could accommodate approximately 14 condominiums (6.5 units/acre) or 11 single-family homes (5 units/acre). Implementing zoning would likely be R 1-PD (Low Density-Planned Development) or R 1 (Low Density Residential), respectively. Of all the alternatives considered for the site, low density residential development, properly landscaped and buffered, would be most compatible with the single-family home residential character of the surrounding neighborhood. A medium density residential development of 21 units (10 units/acre) could pose incompatibility problems with the largely low intensive uses surrounding the site. Medium density residential may, however, offer increased affordability over lower density developments. With adequate setbacks, buffering and landscape screening, staff feels that a medium density residential development in the study area could be properly designed to be visually integrated with the adjacent single-family homes. Staff has estimated that a neighborhood commercial center developed on the 2.21 acre site could contain approximately .11 tenants and offer 15,700 square feet of building space.,. A similar development exists on the northeast corner of Bushard Street and Garfield Avenue (diagonally across the street from the area of concern) within the City of Fountain Valley. The subject site's corner location offers both visibility and easy access and could provide the surrounding area with convenient shopping and services. The site substantially conforms to the General Plan land use criteria for commercial uses which recommends commercial convenience centers be located at .the intersection of a local or secondary arterial street. (In the case of the study area, the site is located at the corner of a primary and secondary arterial.) The applicant has indicated that conceptual plans for the neighborhood center are of a single story design which would serve to minimize any adverse visual impacts with the adjacent single-family homes. Staff recommends that any commercial development approved for the site be conditioned to prohibit loading and unloading from the rear of the development to minimize noise impacts on the adjacent neighborhood, particularly the six single-family homes which back onto the western portion of the site. With appropriate setbacks, sensitive landscape screening, buffering and design, conditioned under a "Q'I (qualified) zoning designation, - staff believes a single story neighborhood commercial development could be designed to be compatible with the surrounding low intensity land uses. 1 As stated previously, the area of concern occupies a corner location at the intersection of a primary arterial (Garfield Avenue) and a secondary arterial (Bushard Street) which offers both easy accessibility and visibility. Utilizing the entire 2.21 acres, staff has estimated that approximately 32,700 square feet of office professional space could be built on the site. The desirability of office professional development on the site is somewhat limited because of its location away from the City's primary areas of office concentration - along Beach Boulevard between Talbert and Adams Avenues and the proposed areas in the Downtown. In addition, many office developments in the City currently have vacant space available, and three major office developments are in the planning stages which will add significantly to the City's supply of office space. Additionally, six single-family homes back directly onto the western boundary of the study area and would be visually impacted by any multi-story office development on the subject site. This could be partially mitigated by placing a height limitation on any office development approved in the study area. 2. Economic Considerations The Planning staff, in cooperation with Ultrasystems, Inc., conducted a fiscal impact analysis of the land use alternatives using the computerized methodology developed for the City (see Appendix A). For purposes of analysis, the revenues and expenditures of each alternative were projected over a ten year period, 1983-1993. The results are summarized in the table below: Alt. 1 Alt. 2 Alt. 3 Alt. 4 Alt. 5 Single- Condos Office Condos Family Medium Pro- Neighborhood Low Density Homes Density fessional Commercial Revenue 89,442 99,196 134,515 70,864 374,867 Cost 72,407 97,203 110,328 194,640 143,965 Revenue minus Cost 17,035 1,993 24,187 -123,776 230,902 Revenue/Cost 1.2 1.0 1.2 0.4 2.6 14 3. Housing Approving the applicant's request for a General Commercial designation would have no significant impact on the City's housing stock. A redesignation to Low or Medium Density Residential could result in an expansion of the City's housing stock; however, the addition would not be significant due to the small size of the area. Medium Density Residential development, however, would allow for a larger number of housing units on the 2.21 acre site, offering the possibility of Q } increased affordability to potential homebuyers. 4. Public Services and Utilities a. Sewers A 54" County trunk sewer runs in Bushard Street. Development of the subject property would require offsite installation of approximately 200 feet of eight-inch sewer line from Litchfield Drive parallel to Bushard Street with a cross connection into both the site and the County trunk sewer line. Once this is accomplished, development would be possible under any of the alternatives considered for the study area. b. Water A 12" water main runs into both Garfield Avenue and Bushard Street. Connection into these lines would provide adequate water service for any of the alternatives considered for the study area. C. Drainage The Public Works Department has indicated that with proper grading the site would optimally drain to Bushard Street which has adequate capacity to accommodate storm drainage from any of the proposed d land use alternatives. d. Parks Talbert Park, a 5.4 acre neighborhood park facility, is in close proximity to the area of concern. According to the 1977 Parks Analysis, the supply of park and recreation facilities within the subject quartersection exceeds the current demand. Staff believes that any of the residential alternatives considered for the study area would be adequately served by existing facilities in the area. Commercial or office professional development would not increase recreational demand. 15 e. Police and Fire Protection Police service for the area of concern is provided by the City of Huntington Beach which operates from a central facility located at Main Street and Yorktown Avenue. Because of the small size of the study area, no additional staffing is anticipated should the site develop under any of the alternatives considered in this report. Fire response to the area of concern is provided by the City of Huntington Beach from the Bushard Station located approximately one mile south of the study area. Because of the close proximity of the fire station and the accessibility of the corner location, no significant concerns are anticipated at this time in providing adequate fire protection for any of the alternatives considered for the site. f. Schools The area of concern is located within the Fountain Valley School District and is served by Miola Elementary School and Huntington Beach High School. The school district has indicated that the schools involved would be able to accommodate the increase in students generated by any of the residential alternatives considered for the area of concern. Office professional or neighborhood commercial development would have no impact on the area's schools. Students generated by the other land uses being considered are as follows: Huntington Beach High Miola School Single Family Homes 7 4 Low Density Condominiums 9 5 J� Medium Density Condominiums 5 9 g. Gas, Electrical and Telephone Utilities Natural gas service and electrical service are provided by the Southern California Gas Company and Southern California Edison, respectively. The Southern California Edison Company has indicated that electrical load requirements can be met for any of the land uses considered for the study area provided that electrical demand does not exceed estimates, and there are no 16 unexpected outages- to major sources of electrical supply. Similarly, the Southern California Gas Company foresees no difficulty in serving future development under any of the proposed land uses provided current natural gas supplies continue to be available. The General Telephone Company, which provides telephone service for Huntington Beach, has indicated that adequate service can be provided for the area of concern under any of the land use alternatives. h. Solid Waste Disposal The Rainbow Disposal Company provides solid waste collection to the City of Huntington Beach. No local service constraints are expected under any of the alternative land use designations assuming there is adequate access to accommodate the company's refuse trucks. 5. Traffic and Circulation The study area is located at the signalized intersection of Garfield Avenue, a primary arterial with a capacity of 30,000 daily vehicle trips, and Bushard Street, a secondary arterial with a capacity of 20,000 daily vehicle trips. Existing traffic volumes total approximately 10,600 daily trips on Bushard, south of Garfield, and approximately 15,600 daily trips on Bushard, north of Garfield. Garfield Avenue presently accommodates about 9,500 trips. The existing traffic volumes, then, on both Garfield and Bushard are substantially below the projected capacity of the two arterials. Access to the site for any of the alternatives considered could be easily accomplished with ingress and egress from either Garfield Avenue or Bushard Street. The relatively low traffic generation from the alternatives considered would not significantly impact the surrounding residential neighborhoods. Projected daily traffic volumes from the study area are estimated as follows: Land Use Alternative Traffic Generation Low Density Residential 14 Condominiums 71 trips/day 11 Single Family Homes I10 trips/day Medium Density Residential 168 trips/day Office Professional 402 trips/day Neighborhood Convenience 514 trips/day 17 6. Environmental Issues a. Noise The area of concern lies at the inersection of a primary arterial (Garfield Avenue) and a secondary arterial (Bushard Street). Based on projected 1990 Ground Transportation Noise Exposure Impacts, the majority of the site falls within the Ldn 65 noise contour, with only a small portion around the perimeter of the site within the Ldn 70 noise contour. These noise levels are within acceptable levels (Ldn 80) for commercial development. Residential development, however, would be affected by traffic noise, but special mitigation measures such as unit modification, building placement, walls, berming and/or landscaping could be employed to reduce this noise exposure and guarantee acceptable noise levels of less than Ldn 45. b. Air Quality The proposed General Plan Amendment will not have any immediate impact on existing air quality; however, future development as a result of the amendment may create an increase in mobile and stationary source emissions. The following table illustrates a "worst case" or complete buildout scenario of the amendment area. The figures used represent 1982 emissions for average vehicles in the South Coast Air Basin as developed by the South Coast Air Quality Management District. These emissions are not considered to be significant to the regional air basin. Additionally, it should be noted that when development .occurs the actual amount of pollutants may be less, due to advanced exhaust control technology and more stringent air pollution legislation. LOW DENSITY RESIDENTIAL(single family homes 5 units/acre) Mobile Emissions .008 tons/day Stationary Emissions Negligible TOTAL .008 tons/day LOW DENSITY RESIDENTIAL (condominiums 6.5 units/acre) Mobile Emissions .005 tons/day Stationary Emissions Negligible TOTAL .005 tons/day 18 MEDIUM DENSITY RESIDENTIAL (condominiums 10 units/acre) Mobile Emissions .012 tons/day Stationary Emissions Negligible TOTAL .012 tons/day OFFICE/PROFESSIONAL Mobile Emissions .011 tons/day Stationary Emissions Negligible TOTAL .011 tons/day NEIGHBORHOOD CONVENIENCE Mobile Emissions .028 tons/day Stationary Emissions Negligible TOTAL .028 tons/day 2.2.3 Staff Recommendation Staff recommends approval of the applicant's request, redesignating the 2.21+ acre site from . Low Density Residential to General Commercial. Staff additionally recommends that the 1.2+ acres south of the study area also be redesignated to General Commercial, making the existing commercial use on the site consistent with the property's General Plan land use designation. Approval of the applicant's request will allow for the development of a neighborhood convenience center on the 2.21 vacant acres. Although located in a predominantly residential area, the site conforms to the General Plan locational criteria for neighborhood convenience uses and is well buffered to the north by Garfield Avenue, to the east by Bushard Street and to the south by the GTE switching facility. Through extra landscaping, setbacks and sensitive project design, staff believes that the proposed single story convenience center could be designed as a compatible use with the six adjacent single-family homes located west of the site. 2.3 Gothard Street/Center Drive Area 2.3.1 Background This section addresses a City-initiated proposal to change the General Plan designation on an area bounded by Center Drive to the north and Gothard Street to the west. The proposal would change the General Plan designation from Public, Quasi-Public, Institutional to General Commercial. Existing General Plan and zoning designations are depicted in Figures 2-5 and 2-6. 19 BOLSA - -- -- AVE. 14l/ C F- N, o m AVYfiRS AVE � K G —� G a.acswc 7G?'IGMN if $ G� � gp covcoaaA n STMIN T �IIVVV(11 WHITNEY OR. LOW DENSITY SEA. RESIDENTIAL. AY 1 F rnanM G� 1 9Q � .xY __ G � f Cy xxAwEu N I \ O j Z U Q ova ga MOLkAOEW1 M - � Q S y�a 1-r �="LLLLLI I I s MI s E NC uGAN AVE ' Sfi/71 NSTE�R 1 PUBLIC , QUASI-PUBLIC, MIXED INSTITUTIONAL' DEVELOPMENT CF'-E �I CF-E DR. I ' I W L� m W 2 W o ---r - z i o I GENERAL COMMERCIAL i EDINGER AVE t\ r EXISTING GENERAL PLAN Area of Concern 2.3 0 0 1 20 Fiqure 2-5 BCLSA AVF C r er p ED ¢ m 39ti a CRY OF WESTMINSTER 10NTIN�TON BEACH RI WHITNEY DR a 11AR HAY 4VE -- I RI ml s� . n � EVERR OR. I E N wP T 9 R I�O� RI R I I ROCKW ELL AVE. z ROCKWELL AVE y0 0 u 0 ozI 0 p HI DARWIN AVE LL _ MI < U�¢ I—AWN CITY OF WESTMINSTER �^ a SUGAR •VE _ CITY 5 ^ RI MINSTER O�rRI n RI k9Y NORTH HUNTINGTON NORTH HUNTINGTON C F-E CENTER SPECIFIC PLAN CENTER SPECIFIC PLAN a ZCF-E RA 3 SE III SE 11-5-II • 1 -� I MI ROS R I:.::;:,:< :,:' ROS RI s WOO. r C4 w = N LINE S 1/2 SE 1/4 SW SEC H-S-II ( ^ n A)N 0.30'30�E-63' Z W Q VV CI MO1CWE-260' W % H EI N35.15']6'W-8602' V V FI N65•11'EI'V-3BI.10 E, W W (V" o' GI M20.0]'36'W-6M2f S m 1 EDINGER AVE EXISTING ZONING A Area of Concern 2.3' O O o d 21 Figure 2-6 2.3.2 Analysis 1. Land Use The Gothard Street/Center Drive area covers approximately + 3.61 acres of land and is bounded by Gothard Street and Center Drive. The northeast corner of this area (0.36 acres) is zoned RI-Low Density Residential, and is part of the Edison right-of-way. The remaining 3.25 acres are zoned C4, Highway Commercial, and are developed with uses which are consistent. Existing land uses within this property include: restaurar]ts,, game arcade, market, service facilities, stationery store, and a variety of retail uses. Other than the area zoned RI on which the Edison right-of-way is located, there is no vacant land within the Gothard Street/Center Drive area. Surrounding land uses to the subject site include Levitz Furniture to the south (General Planned commerical and zoned C4, Highway Commercial), Huntington Center to the east (General Planned Commercial and zoned C2, Community Business) and to the west Golden West College (General Planned Public, Quasi-Public, Institutional). The college ultimate boundaries have been established, thus limiting the area for a General Plan designation of Public, Quasi-Public, Institutional in the immediate vicinity. The surrounding land uses to the subject site are compatible with the proposed General Plan designation and complementary in use. 2. Public Services and Utilities, Traffic Circulation Because of the nature of this amendment, an analysis of these items is not applicable. Past development in this area has been subject to environmental review at the project level (Negative Declarations 74-88, 76-52) and any future development will be subject to the California Environmental Quality Act. However, a Negative Declaration Request No. 83-53 was posted for 10 days in a newspaper of general circulation inviting public comments on the proposed General Plan Amendment. Staff did not receive any communications on this matter, either written or verbal. (See Appendix C.) 2.3.3 Staff Recommendation Staff recommends that the Gothard Street/Center Drive area be designated General Commercial on the General Plan. The staff further recommends the adoption of Negative Declaration No. 83-53. 22 4 3.0 ENVIRONMENTAL CHANGES In accordance with California Environmental Quality Act guidelines, an environmental assessment is required to address short-term and long-term effects, irreversible environmental changes, and growth-inducing impacts of the total project or plan. This section analyzes these concerns in context of the recommended land use change in Section 2.2. Area 2.1 is analyzed in Environmental Impact Report 83-3, and Area 2.3 is evaluated under Negative Declaration No. 83-53 (Appendix C). 3.1 Short-term and Long-term Productivity Amendment 84-1 does not in and of itself create long-term impacts. Rather, it makes a change in the general types of land use that may be allowed on a particular area at the time of development. Amendment 84-1 seeks to identify short-range issues within a context of long-range goals, policies, and environmental planning programs. The amendment itself acts as a mitigation measure designed to minimize any adverse effects on long-term productivity resulting from short-term uses. One of the steps required to implement the amendment is an analysis of the zone change necessary to bring the zoning into conformance with the General Plan. The zoning change that would result would have significant short-term effects, such as reducing or increasing intensity of development permitted, and providing stimulus for development. 3.2 Irreversible Environmental Changes The amendment will mitigate most adverse effects. However, irreversible environmental change of a secondary nature can be 23 expected from development under the proposed amendment. Loss of open space will occur as vacant land is converted to other uses. Although the option to recycle the land to open space after development is available, it is probably not economically feasible or highly probable. Construction materials of mineral origin will also be needed for development to occur, and fossil fuels will be committed for long periods to satisfy local energy demand. However, such development would be consistent with existing land use designations. 3.3 Growth Inducing Impacts The proposed amendment may also have growth-inducing effects within the areas of concern. Should one of the residential land use designations be implemented, an additional population could create an increased demand on public services and utilities, incrementally affecting air quality, water quality, traffic and noise levels. However, the proposed use, in accord with General Plan policies and programs, should mitigate many of the adverse effects generated by the expected growth. The demand for water and energy will likely increase as a result of the proposed land uses in this amendment. Conservation measures can be implemented City- and County-wide to reduce these impacts, such as: 1. Reduce evaporation from reservoirs by encouraging underground storage or coating water surfaces with evaporation hindering films or substances. 2. Encourage tertiary treatment of and reuse of the return flow of public water supplies wherever such use is acceptable and safe. 3. Waterspread where appropriate to recharge the underground water supply. 4. Meter water and encourage repair of leaky connections to stimulate more economical use. 5. Reduce consumption of toilets and showers by requiring appropriate modifications to these applicances. 6. Prohibit the use of open gas lighting in public or private buildings. 7. Strategically place electric lights to maximize their efficiency. Their size and power consumption should be minimized as much as possible. S. Discourage electrical heating in public and private structures. Encourage solar-assisted heating systems. 24 9. Encourage the use of reflecting and/or insulating glass in structures where windows are not shaded by exterior architectural projections or natural.plants. 25 APPENDIX A Fiscal Impact Land Use Assumptions Area 2.2 (f� U •o In cooperation with Ultrasystems, Inc., the computerized fiscal impact methodology was used to analyze the proposed land. uses considered- for the Garfield-Bushard Area of Concern 2.2 Five land use alternatives were evaluated for the 2.21+ acre site: 1. Low Density Condominiums (6.5 units/acre) - 14 condominiums with an estimated average selling price of $130,000 per unit. 2. Single Family Homes (5 units/acre) - 11 homes with an estimated average selling price of $160,000 per unit. 3. Medium Density Condominiums (10 units/acre) - 21 condominiums with an estimated selling price of $120,000 per unit. 4. Office-Professional (14,800 square feet/acre) - 32,708 square feet of office professional space with an estimated full market value of $1,500,000 per acre.. 5. Neighborhood Convenience (7,062 square feet/acre) - 15,608 square, feet of neighborhood convenience with an estimated full market value of $800,000 per acre. Results: Alt. 1 Alt. 2 Alt. 3 Alt. 4 Alt. 5 Single- Condos Office Condos Family Medium Profes- Neighborhood Low Density Homes Density sional Commercial Revenue 89,442 99,196 134,515 70,864 374,867 Cost. 72,407 97,203 110,328 194,640 143,965 Revenue Minus Cost 17,035 1,993 24,187 -123,776 230,902 Revenue/Cost 1.2 1.0 1.2 0.4 2.6 The above table indicates that, over a ten year period, all of the residential alternatives will generate a surplus to the City ranging from $1,993 for single family homes (5 units/acre) to $24,187 for medium density condominiums (21 units/acre). A neighborhood convenience center is projected to generate a positive cash flow of $230,902. An office professional use on the 2.21+ acre site has a negative cash flow projection of $123,776. Qualification of Results It must be noted that the results of the fiscal impact analysis should only be considered to be approximations of the costs and revenues associated with the land use alternatives. Actual taxable building values, spendable resident incomes and commercial sales tax generation rates may vary from those figures used to operate the model. Such variations, along with unforeseen State tax formula changes, may substantially affect the actual revenues generated. City expenditures may also vary from estimated levels. As such, the fiscal impact results should be recognized as approximations and should be considered in comparative terms only, rather than as absolute projections of . costs and revenues. If cost and revenue tables for different alternatives appear to be somewhat close to the same, then the alternatives should be considered to have identical fiscal impacts rather than measurable differences. Additionally, . fiscal impact results which are close to the breakeven point should be considered to be inconclusive rather than actual statements of whether a land use will result in a fiscal surplus or a deficit to the City. APPENDIX B Initial Study Area 2.2 b APPENDIX ENVIRONMENTAL. CHECKLIST FORM (To Be Completed By Lead Agency) t. Background I. Norne of Proponent City of Huntington Beach 2. Address and Phone Number of Proponent (714) 5 36-5 2 71 2000 Main Street, P.O. Box 1, Huntington Beach, California 92648 3. Date of Checklist Submitted 11/8/83 4. Agency Requiring Checklist City of Huntington Beach 5. Name of Proposal, if applicable General Plan Amendment No. 84-1 II. Environmental Impacts (Explanations of all "yes" and "maybe" answers are required on attached sheets.) Yes Maybe No I. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic, substructures? X b. Disruptions, displacements, compaction or overcovering of the soil? X c. Change in topography or ground surface X relief features? d. The destruction, covering or modification of any unique geologic or physical features? X e. Any increase in wind or water erosion of X soils, either on or off the site? f. Changes in deposition- or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed,-.of the ocean or any bay, inlet or lake? X 115 Yes Mafbe No g. Exposure of people or property to geolo- gic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? X 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? X • a b. The creation of objectionable odors? X c. Alteration of air movement, moisture, or temperature, or any change in climate, X either locally or regionally? 3. Water. Will the proposal result in: a. Changes in currents, or the course of di-, rection of water movements, in either X marine or fresh waters? b. Changes in absorption rates, drainage. pat- terns, or the rate and amount of surface X runoff? c. Alterations to the course or flow of flood X waters? d. Change in the amount of surface water in any water body? X e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, X dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? X i •g. Change in the quantity of ground waters, either through direct additions or with- drowals, or through interception of an X aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? X i. Exposure of people or property to water re- X lated hazards such as flooding or tidal waves? 116 Yes Maybe No 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic X plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? X 4` c. Introduction of new species of plants into an area, or in a barrier to the normal" X replenishment of existing species? d. Reduction in acreage of any agricultural X crop? S. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, ; land animals including reptiles, fish and X shellfish, benthic organisms or insects)? b. Reduction"of the numbers of any unique, X rare or endangered species of animals? c. Introduction-of new species of animals into an area,,or result in a barrier to the X migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? 6. Noise. Will the proposal result in: a. Increases in existing noise levels? X X b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal produce (� new light or glare? } 8. Land Use. Will the proposal result in a sub- stantial alteration of the present or planned land use of an area? X 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? X 117 Yes Ma be No _ b. Substantial depletion of any nonrenewable X natural resource? 10. Risk of Upset. Mill the proposal Involves a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or X upset conditions? b: Possible interference with an emergency response plan or an emergency evacuation X plan? II. Population. Will the proposal alter the location, distribution, density, or growth rate. of the X human population of an area? -ti 12. Housing. Will the proposal affect existing hous- ing, or create a demand for additional housing? X 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional X vehicular movement? b. Effects on existing parking facilities, or X demand for new parking? c. Substantial impact upon existing transpor- X tation systems? d. Alterations to present patterns of circula- X tion or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor X vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X b. Police 'protection? X c. Schools? X 118 Yes Maybe No X d. Parks or other recreational facilities? e. Maintenance of public facilities, including X maids? f. Other governmental services? X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or, energy? b. Substantial increase in demand upon exist- ing sources of energy, or require the X development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following. utilities: -t a. Power or natural gas? b. Communications systems? C. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health X hazards? 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to ,.X . the public, or will the proposal result in the creation of an aesthetically offensive site open. to public view? X . 19. Recreation. Will the proposal result in on impact upon the quality or quantity of existing X recreational opportunities? 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? X 119 Yes Maybe No b. Will the proposal result in adverse physical or aesthetic effects to` a prehistoric or X historic building, structure, or object? c. Does the proposal have the potential to cause a. physical change which would affect unique ethnic cultural values? X d. Will the proposal restrict existing religlous or sacred uses within the potential •irnpoct area? 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wild- life population to drop below self sus- taining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant_ or animal or_ eliminate important examples of the major periods X of California history or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts X will endure well into the future.) c. Does the project have impacts which are 'individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those .. impacts on the environment is significant.) X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Ill. Discussion of Environmental "Evaluation IV. Determination (To be completed by the Lead Agency) 120 On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect �— on the environment, there will not be a significant effect .in this case — because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environ- rnent, and an ENVIRONMENTAL IMPACT REPORT is required. IX otl) e Signature nature For (Note: This is only a suggested form. Public agencies are free to devise their own format for initial studies.) ._ 121 EXPLANATION OF "YES" AND "MAYBE" ANSWERS lb. Construction in Area 1 may result in removal and overcovering of soil . lg. The City-wide Geologic Study, prepared by Leighton-Yen and Associates, indicates the Bolsa-Fairview fault is in close proximity to Area 1 . 3b. Development in Area 1 may decrease absorption rates and increase runoff.. 6a. Increased automobile traffic and short-term construction may result in increased noise levels. 7. The .proposed development of Area l .as a neighborhood commercial center would result in new lighting . 8. The proposed land use in Area 1 will res.Nlt in a substantial change from an existing vacant use to a commerc£al use . 13b. Proposed development in Area 1 as a neighborhood commercial center will create new parking demand . 'la , h. Development of Area 1 may increase the need for additional fire an�i/or 1)0.1.ice service . 18 . Development of Area 1 could potentially obstract the views from the backyards of approximately six single family homes adjacent Lo the site . APPENDIX C Negative Declaration No. 83-53 Area 2.3 CITY OF HUNTINGTON BEACH INITIAL STUDY OF ENVIRONMENTAL IMPACTS I . BACKGROUND 1. Appl icant City of A ntington Beach 2. Address 2000 Main Street 3. Telephone 5 36-5 2 71 4. Project Location Center Drive Gothard Street - Area 5. Project Title/Description General Plan Amendment - 6. Date 12- 21- 83 II . ENVIRONMENTAL IMPACTS: (Explanations of all "Yes" and "Maybe" answers are required on attached sheet) . 1. Physical Environment: Will the project have a significant impact on the physical 9 environment with respect to: a) hydrology, b) . air quality, c) geology, d) flora and fauna, e) noise, f) archaeological/historical . Yes Maybe No X Other 2. Impact of Environment"on Project: Will the project be subject to impacts from the surrounding environment? i .e. , natural environment; manmade environment. Yes Maybe No X 3. Im acts on Public Services: Will the project have a significant impact upon, or re- sult in a need for a new or altered government service in any of the following areas: fire, police, schools, parks or other governmental agencies. Yes Maybe No X 4. Impacts on Traffic/Circulation: Will project result in substantial vehicular move" ment, or impact surrounding circulation system, or increase traffic hazard? Yes Maybe No 5. . Will the project result in a substantial alteration or have a negative affect on ., the existing: land use, population/housing,-energy/utilities, natural resources, human health? Yes Maybe No X 6. Other potential environmental impacts not discussed above (see attached sheet). III . OTHER RESPONSIBLE AGENCIES AND/OR PERSONS CONTACTED' ( ) See Attached ( X ) Not Applicable I`1. MANDATORY FINDINGS OF SIGNIFICANCE: 1. Will project degrade quality of environment? Yes Maybe No. X 2. Will project achieve short-term goals to the disadvantage of long-term environmental goals? Yes Maybe No X 3. Does the ,project have impacts which are individually limited but cumulatively considerable? Yes Maybe No X 4. Will the project adversely affect human beings either directly or indirectly? Yes Maybe No X V. DETERMINATION ( X .) Negative Declaration ( ) Negative Declaration With Mitigation ( ) Environmental Impact Report DATE 1?_ -ZQ�Sj SIGNATURE /I&YA a APPENDIX D Letters of Comment 0 J• ' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION NUNfINGTON MUM ' To Chuck Clark From Les Evans Associate Planner City Engineer Subject EIR 83-4 for LUE 84-1 Date January 10, 1984 We have reviewed the subject report and have no comments . LE: jy HUNTINGTON BEACH DEVELOPMENT SERVICES AN 11 ► °P: . Box 190 Huntington Beacht CA.92648 STATE OF CALIFORNIA—HEALTH AND WELFAR%WENCY GEORGE DEUKMEJIAN, Govemor DEPARTMENT OF HEALTH SERVICES 2151 BERKELEY WAY e m BERKELEY, CA 94704 ` 415/540-2665 December. 23, 1983 Bob Aldrich CITY OF HUNTINGTON BEACH Post Office Box 190 Huntington Beach, CA 92648 SUBJECT: City of Huntington Beach's NOP for Land Use Element of the General Plan (GPA 84-1) - SCH #83111608 Dear Mr. Aldrich: The Department has reviewed the subject environmental document and offers the following comments. In response to your NOP, we are enclosing a document prepared by the Noise Control Program entitled, "Guidelines for Noise Study Reports as Part of Environmental Impact Reports", which provides some general guidelines as to what this office considers important in EIRs. If you have. any questions or need further information concerning these com- ments, please contact Dr. Jerome Lukas of the Noise Control Program, Office of Local Environmental Health Programs, at,2151 Berkeley Way, Room No. 613, Berkeley; CA 94704, 415/540-2665. Stuart E. Richardson, Jr., R.S., Chief Office of Local Environmental Health Programs Pnior S. Lukas, P .D. Psychoacousticia NOISE CONTROL PROGRAM Enclosure cc: EHD SCH HUNTINGTON BEACH DEVELOPMENT SERVICES DEC 1:- .) P.O. Box 190 Huntington Beach CA 92648 ' .y _si:....c... Amiff;Tft ORANGE COUNTY TRANSIT DISTRICT November 21, 1983 HUNTINGTON BEACH .-DEVELOPMENT SERVICES Mr. Robert Aldrich r1oV.2 Development Services City of Huntington Beach P.O. Box 190 P.O. Box 190 Huntington Beach, CA 92648 Huntington:Beach, CA 92648 Dear Mr. Aldrich: SUBJECT: NOTICE OF PREPARATION- DEIR 83-4 We have reviewed this NOP and would like to submit the following comments for your consideration during the preparation_ of DEIR -83-4: S OCTD currently operates Route 35 on Garfield Avenue . adjacent the project parcel in Area of Concern 1. We do not expect this proposed change to result in any -impacts .-to Route '35. • Area of Concern 2, at :the intersection of Gothard ,and ' Center, is directly adjacent to the .site for the proposed OCTD Transit Center on the northeast corner of this intersection. When this center is implemented, four to five routes will operate in the immediate vicinity of ..the proposed .GPA parcel. For ;this reason, we are requesting that the City consider the placement , of driveways on this parcel to minimize potential conflicts between bus and auto traffic and to facilitate the transit service at this intersection. We will be glad to assist City staff in this matter. We would appreciate receiving a copy .of the DEIR when it becomes available for public review. If you require any further information on transit operations in the proposed project areas, please call me or Christine Huard-Spencer at 971-6419. Sincerely Dick Hsu Environmental Coordinator DH:XL i 11222 ACACIA PARKWAY io P.O. BOX 3005 0 GARDEN GROVE, CALIFORNIA 92642 1 STATE OF CALIFORNIA-BUSINESS,TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN,Governor DEPARTMENT OF. TRANSPORTATION DIVISION OF AERONAUTICS 1120"N" STREET SAC RAMENTO,CA 95814 �.. (916) 322-3090 December 1 , 1983 Mr . Bob Aldrich City of Huntington Beach P. 0. Box 190 Huntington Beach, CA 92648 Dear Mr. Aldrich: This is in response to. the request for our .pomments on the Notice of Preparation of a Draft Environmental Impact Report (DEIR) for Land Use Element of the General Plan (GPA-84-1 ) in the City of Huntington Beach, SCH #83111608. The proposal appears to be approximately three miles southeast of the Meadowlark Airport. We are generally concerned about any potential for noise and safety impacts of airport flight opera- tions upon surrounding land uses. However , the distance and direction of the proposal from the airport alleviates our concerns. We appreciate the opportunity to comment. Sincerely, MARK F. MISPAGEL, Chief Division of Aeronautics C. E. Smith Aviation Consultant HUNTINGTON BEACH DEVELOPMENT SERVICES :"3 P.O. Box 190 Huntington Beach, CA 92648 Ntrrto�, ° `\ae TELEPHONES: COUNTY SANITATION DISTRICTS jYf .��� AREA a9,714 OF ORANGE COUNTY, CALIFORNIA 9 6 2-2 41 1 P. O. BOX 8127, FOUNTAIN VALLEY, CALIFORNIA 92708 10844 ELLIS AVENUE (EUCLID OFF-RAMP, SAN DIEGO FREEWAY) December 27 , . 1983 City of Huntington Beach 2000 Main Street P . 0 . Box 190 Huntington Beach , CA 92648 Attention : Bob Aldrich Subject : EIR 83-4 The Districts are in receipt of the Notice of Preparation for subject .EIR . Area 1 , the southwest corner of Garfield Avenue and Bushard Street has been master planned for low density residential development using a flow coefficient of 1550 gallons per day per acre . Area 2 , the southeast corner of Center Avenue and Gothard Street has been planned for commercial development using a flow coefficient of 3230 gallons per day per acre . The Districts ' facilities have been constructed to accomo- date the above flows . If it is anticipated the flow from the projects will exceed that amount , flow reduction measures should be incorporated into the development . If you have any questions , please contact Hilary Baker at 540-2910 . Thomas M. Dawes_ Deputy Chief Engineer TMD/jb HUNTINGTON BEACH DEVELOPMENT SERVICES P.O. Box 190 Huntington Beach, CA 92648 Southern California Edison Company P.O. BOX 2069 1333 BOLSA AVE. WESTMINSTCR. CALIFORNIA 92663. 1269 November 28 , 1983 HUNTINGTON BEACH DEVELOPMENT SERVICES FJ E Q 1 City of Huntington Beach P .O . B o x 190 P.O. Box 190 Huntington Beach , CA 92648 Huntington Beach, CA 92648 Attention : Bob Aldrich Development Services Subject : E . I . R . - General Plan Amendment No . 84-1 , Rezoning to commercial , 2 . 21± acres , southwest corner Bushard St . & Garfield Ave . Gentlemen : This is to advise that the subject property is located within the service territory of the Southern California Edison Company and that the electric loads of the project are within parameters of projected load growth which Edison is planning to meet in this area . Unless the demand for electrical generating capacity exceeds our estimates , and provided that there are no unexpected out- ages to major sources of electrical supply , we expect to meet our electrical requ,irements. for the next several years . Our total system demand is expected to continue to increase annually ; however., excluding any unforeseen problems , our plans for new generation resources indicate that our ability to serve all customer loads during peak demand periods will be y' adequate during the decade of the ' 80s . Current conservation efforts on the part of Edison ' s customers have resulted in energy savings . Optimization of conservation measures in this project will contribute to the overall energy savings goal . Very truly yours , R. fXC oolidge Service Planne�`� RLC : da 61STRICT OFFICE SERVING CORONA OE.L MAR •COSfA MESA •FOUNTAIN VALLEY • IIUNTIN>701`4 BEACH INTHE n2 Superior Court S3 OF THE STATE OF CALIFORNIA " In and for the County of Orange CITY OF HUNTINGTON BEACH9 CITY CLERK 7 PROOF OF - � Lu � PUBLIC HEARINGeT 1 i9 83-4 ZONE CASE 83-10 State of California ) NOTICE OF PUBLIC HEARING I County of Orange jss LAND USE ELEMENT AMENDMENT 84-1 ;ENVIRONMENTAL IMPACT REPORT . RITA J. RIGHTER + 83-4/ NEGATIVE DECLARATION 93-53 NOTICE IS HEREBY GIVEN that a That I am and at all times herein mentioned was a citizen of public hearing will he held by the City I the United States,over the age of twenty-one ears,and that I `Council of the City of Huntington Beach g Y- Y fto the,Counci)Chamber of the Civic Cen- am not a party to,nor interested in the above entitled matter; Iter;Huntington Beach,at the hoiu of 7:30 that I am the principal clerk of the printer of the ;P.M.,or as soon thereafter as ble on P P P Monday,the 7th day of May,1984,for the purpose ,of .considering a proposed .,amendment to the Land Use Element of HUNTINGTON BEACH IND. REVIEW the General Plan(LUE#84-1)Environ- mental Impact Report#1!.4 and Nega- a newspaper of general circulation,published in the City of tive Declaration #83-53 which includes the following items: . 1. Redesignate 3.41 acres located at HUNTINGTON BEACH the southwest corner of Garfield Ave-J nue and Bushaid Street from Low County of Orange and which newspaper is published for the Density Residential to General Com- rc disemination of local news and intelligence of a general charac- 2. Re 1 g g , 2. Redesignate 3.61 acres located at ter, and which newspaper at all times herein mentioned had the southeast corner of Gothard Street and still has a bona fide subscription list of paying subscribers, and Center,Avenue from Public,, Quasi-public,.lnstitutional to General and which newspaper has been established, printed and pub- Commercial lished at regular intervals in the said County of Orange for a All interested Persons are invited to' period exceeding one year; that the notice, of which the attend said hearing end said their P g Y opinions for or eeggemst said Lead Use annexed is a printed copy, has been published in the regular Element 84-1,EIR 83-4 and ND 83-S& and entire issue of said newspaper,and not in an supplement Further information may be obtained Y PP 4 from the Office of the City Clerk,2000 thereof,on the following dates,to wit: i Main Street,Huntington Beach,Celifor- ' IIII nia.92848"-(714)636-5227. DATED 4/20/84 CITY OF HUNTINGTON BEACH April 269 1984 By.Alicia M.Wentworth' City Clerk • I NOTICE OF PUBLIC HEARING APPEAL TO PLANNING OOMMISSION ZO DENIAL OF NE MIO I certify(or declare)under penalty of perjury that the forego- � GIVEN Pe Y P J rY g i NOTICE IS HEREBY GIVEN that e ing is true and correct. i ( public hearing will be held by the City GARDEN GROVE ` CounciloCouthecthambHunthnCn ch, Dated at................................................ ter,Huntington Beach,at the hour of 7:30 " 84 P.M.,or as soon thereafter as passible on fornia,this . Monday the 7thons day of May,1984 for the �thlay of ..ARCl I.19........ Purpose of conaiderin�an appeal to the, ' Planning Commission a denial of Zone n� Case No.83-10,a request to re-zone 2.21 ` .... l't a''J'. R i c h t e r acres located at the southwest corner of r '''''L✓' ' ' Garfield Avenue and Bushard Street from Office Professional District(R-6)to Com- Signature munity Business District W4). A legal description is on file in the . Development Services Department, All interested persons are invited to attend said hearing and ezpreBs their opinions for or against said Zone Case Further information may be obtained from the Office of the City Clerk,2000 Main Street,Huntington Beach,Califor- nia.92W-(714)536-5227 DATED April 20,1984 CITY OF HUNTINGTON BEACH By.Alicia M.Wentworth City Clerk Pub.Apr.26,1984 Hunt Beach Ind.Rev.#35952 I REQUEST FOR CITY COUNCIL ACTION Date April 25, 1984 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administr o Prepared by: James W. Palin, Director, Development Services ��• " Subject: LAND USE ELEMENT AMENDMENT NO. 84-1, ENVIRONMENTAL IMPACT REPORT NO. 83-4, NEGATIVE DECLARATION NO. 83-53 1$s 53?5 Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE: Transmitted for public hearing is Land Use Element Amendment No. 84-1, Environmental Impact Report No. 83-4 , and Negative Declaration No. .83-53. The amendment addresses a number of proposed changes to the Land Use Element as requested by private property owners and the City of Huntington Beach. The requests are being forwarded to the City Council along with the Planning Commission' s recommendations as part of Land Use Element Amendment No. 84-1. RECOMMENDATION: Planning Commission Recommendation: 1. Approve Environmental Impact Report No. 83-4. 2. Approve Negative Declaration No. 83-53 . 3. Approve the recommendation of the Planning Commission (as indicated in Attachment 1 , Summary of Requests) and adopt by resolution, Land Use Element Amendment No. 84-1. Staff Recommendations: The Department of Development Services staff ' s recommendations are shown in Attachment 1, Summary of Requests. ANALYSIS: ON MOTION BY HIGGINS AND SECOND BY ERSKINE , ENVIRONMENTAL IMPACT REPORT NO. 83-4 AS AMENDED BY COMMISSIONER PORTER WAS APPROVED AS ADEQUATE AND RECOMMENDED TO THE CITY COUNCIL FOR CERTIFICATION BY THE FOLLOWING VOTE: PIO 4/81 4. AYES : Higgins, Winchell, Livengood, Porter , Schumacher, Mirjahangir NOES: None ABSENT: Erskine ABSTAIN : None ON MOTION BY LIVINGOOD AND SECOND BY HIGGINS NEGATIVE DECLARATION NO. 83-53 WAS APPROVED BY THE FOLLOWING VOTE: AYES : Higgins, Winchell, Livengood, Porter , Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN : None The Planning Commission took separate straw votes on each request item. These votes along with any discussion, are included in the attached draft minutes of the April 3 , 1984 Planning Commission meeting. The attached Summary of Requests also contains the Planning Commission recommendations for each area of concern. ON MOTION BY HIGGINS AND SECOND BY ERSKINE LAND USE ELEMENT AMENDMENT NO. 84-1 WAS APPROVED (PER STRAW VOTES) ADOPTING RESOLUTION NO. 1317 AS AMENDED TO REFLECT PLANNING COMMISSION ACTION, AND RECOMMENDED TO THE CITY COUNCIL FOR FINAL ADOPTION , BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Porter , Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN : None ENVIRONMENTAL STATUS : Environmental documentation for the amendment requests may be found in the amendment report which also serves as Environmental Impact Report No. 83-4 and Negative Declaration No. 83-53. EIR 83-4 was posted for a 45-day review period which ended on February 13, 1984 . Public comments and staff responses constitute the Final EIR and are incorporated in the appendix of the report. Negative Declaration No. 83-53 was posted for a 10-day review period which ended on January 3, 1984 . No comments were received. ALTERNATIVES: The City Council may adopt the requested changes as recommended by the Planning Commission, as recommended by the planning staff (except Area 2. 1) , they may modify them as desired, or may retain the existing designations in the Land Use Element. -2- 4-25-84 - RCA ' 1 4 ATTACHMENTS : 1. Summary of Requests 2. Land Use Element Amendment 84-1/EIR 83-4/ND 83-53 3. Minutes from Public Hearing before the Planning Commission - April 3, 1984 4. Resolution adopting the Land Use Element Amendment 5. Letter from the Fieldstone Company requesting that the Planning Commission reconsider its decision to continue Area 2.1 of Land Use Element 84-1, EIR 83-3 andd Prezone Change 83-11 6. Letter from the Fieldstone Company to the City Council appealing the Planning C'ommission' s decision to continue Area 2. 1 of Land Use Element Amendment 84-1, EIR 83-3 and Prezone Change 83-11 7 . Legal Opinion from the City Attorney' s Office addressing the Fieldstone Company's right to appeal the Planning Commission' s action on Area 2. 1 of LUE 84-1, EIR 83-3 , and Prezone Change 83-11 8. Petition from adjacent property owners opposing Area 2. 2. CWT:JWP:CC:jlm 0594d -3- 4-25-84 - RCA ATTACHMENT 1 SUMMARY OF REQUESTS AREA 2. 1 - The applicant' s request is to redesignate 42.4 acres located in the unincorporated Bolsa Chica area of Orange County at the terminus of Graham Street between the Orange County Flood Control District ' Wintersburg Channel and a point approximately 1400 feet south of Graham Street from planning reserve to low density residential. Prezone Change No. 83-11 was prepared by staff to be approved concurrently with this land use amendment. EIR 83-3 was prepared separately by Van Dell and Associates to provide documentation for these requests. Planning Commission Recommendation: 1. Find EIR 83-3 inadequate and continue to the Planning Commission meeting of _June 19 , 1984. 2. Continue Area 2. 1 to the Planning Commission meeting of September 18, 1984. 3. Continue Prezone Change No. 83-11 to the Planning Commission meeting of September 18, 1984 . After the April 3 Commission hearing, the applicant (The Fieldstone Company) filed a letter with the Planning Commission requesting a reconsideration of the EIR and Area 2 .1. A concurrent letter was also filed appealing the Planning Commission' s action to the City Council. Staff has transmitted both letters for the City Council's information. The Planning Commission originally voted to continue both the EIR, land use amendment request and prezone change request to September 18, 1984. At its meeting of April 24 , 1984, the Planning Commission voted to reconsider EIR 83-3 and continue to June 19, 1984 . The Planning Commission also voted to retain the continuation date of September 18 , 1984, for reconsideration of Area 2 .1 of Land Use Element No. 84-1 and Prezone Change No. 83-11. The City Attorney' s Office has prepared a legal opinion regarding the applicant' s right to appeal the Planning Commission' s action to the City Council (attached) . The legal opinion would seem to indicate that the Planning Commission's action is not appealable. Staff Recommendation: 1. Continue EIR 83-3 to the Planning Commission meeting of June 5, 1984. 2. Continue Area 2. 1 to the Planning Commission meeting of June 5, 1984. 3. Continue Prezone Change No. 83-11 to the Planning Commission meeting of June 5, 1984. AREA 2.2 - The applicant ' s request is to redesignate 2.21 acres located at the southwest corner of Garfield Avenue and Bushard Street from low density residential to general commercial. Staff expanded the study area to include an additional 1.2 acres south of the area of concern. Zone Change No. 83-10 was submitted by the applicant to be processed concurrently with this land use amendment request. EIR 83-4 was prepared to address the environmental impacts of these proposals. Planning Commission Recommendation: 1. Approve EIR 83-4. 2. Deny the applicant' s request and retain the existing low density residential designation. Staff Recommendation: 1. Approve EIR 83-4. 2. Approve the redesignation of the 3 .41 acre site from low density residential to general commercial. AREA 2. 3 - The City-initiated request is to redesignate 3 . 61 acres located at the southeast corner of Gothard Street and Center Avenue from public, quasi-public, institutional to general commercial. Negative Declaration No. 83-53 provides environmental documentation for the request. Planning Commission Recommendation: 1. Approve Negative Declaration No. 83-53. 2. Approve the redesignation to general commercial. Staff Recommendation: Staff concurs with the Planning Commission' s recommendation. CC :j lm 0596d -2- Y Minutes, H.B. Planning Commission April 3 , 1984 Page ,5 ON MOTION BY MIRJAHANGIR AND SECOND BY HIGGINS THE COMMISSION DEFERRED ACTION ON CONDITIONAL USE PERMIT NO. 84-7 AND CONDI- TIONAL EXCEPTION NO. 84-02 UNTIL SUCH TIME AS THE. APPLICATION FOR THESE: ITEMS' IS COMPLETED ,. BY THE FOLLOWING VOTE : AYES : Higgins, Winchell , Livengood, Porter, Erskine , Schumacher, Mirjahangir NOES:. None ABSENT : None ABSTAIN: None LAND USE ELEMENT: AMENDMENT NO. 84-1/EIR NO. 83-3/EIR 83-4/ NEGATIVE DECLARATION NO. 83-53 (ZC 83-10 AND PREZONE CHANGE 83-11) This request includes the following items : Area Redesignate 42 . 4 acres located .in the unincorporated Bolsa 2.1 Chica area of Orange County at the terminus of Graham Street between the Orange County Flood Control District' s .Winters- burg Channel and a point approximately 1 , 400 feet south of Graham Street from Planning Reserve. to Low Density Residential ; to prezone the same property Low ,Density Residential (Rl District) . Area Redesignate 3 . 41 acres located at the southwest corner of 2.2 Garfield .Avenue and Bushard Street from Low Density Resi- dential to. General Commercial and .to rezone the property from Office Professional' (R5) to Community Business (C2) District. Area Redesignate 3 . 61 acres located at the southwest corner of 2.3 Gothard Street and Center Drive from Public , Quasi-Public, Institutional to General Commercial. Commissioner Erskine announced that he would be abstaining from .the discussion and voting on Item 2. 1, the consideration of the Graham Street property. Staff planner Chuck Clark outlined the various proposals and their accompanying environmental documentation and zone change requests for the information ,of the Commission. It was the consensus ,of. the Commission to proceed with discussion of the proposed element amendment item by item. ENVIRONMENTAL IMPACT REPORT NO. 83-3 Howard Zele,fsky reviewed the procedural steps for the prepara- tion of the EIR for the Fieldstone project at the end of Graham Street, Thomas Miner, Lynette Cervantes , Steve Nelson, and Michael McGaughey, . . representing Van Dell & Associates , were present at the meeting. Thomas Minor, project manager for the .environ- mental impact report, spoke briefly to .describe the preparation of the document. -5- 4-3-84 - P .C . Minutes , H. B. Planning Commission April 3 , 1984 Page 6 Commissioner Porter expressed the opinion that the report directs itself to the conceptual stage of development as opposed to going into the development phase. Mr. Miner pointed out that the EIR looks beyond the initial review steps to more detailed plans for implementation of the mitigation measures, suggested in the docu- ment, saying this is' appropriate because of the uncertainty as'so- ciated with the plans for the Bolsa 'Chica area and also because final development plans for this specific project will be avail- able only after they progress beyond the current stage. He also stated that the question of how this project will fit into the County ' s Local Coastal Program for the Bolsa Chica. has been con sidered and it is his belief that the project will not foreclose any of the options under study by the County. The public hearing on Environmental Impact Report 83-3. and Area of Concern 2 . 1 of Land Use Element Amendment No.. 84-1 was opened. Andy Durham, representing .the applicant , said that he felt the consultants had done a good .job in evaluating the proposal and offered to respond to any questions the Commission might have . Terry Dolton, 17982 Shoreham Lane , addressed the Commission to say ,that this property is part of the larger Bolsa Chica and it should be considered as such. He pointed out that the report has not addressed the "no ,project" alternative ; that it has not spoken. to matters of public safety and welfare such as the percolation factor and possible public liability for flooding and seismic. acti- vities ; that the project is subject to. pending litigation at the present time; that first consideration should have been given to the restoration of wildlife areas and the alignment of the linear park; and that the site has been used as a dump over past years . He urged that concrete information 'be made . available on .those items prior to .any approval at this stage . Rhoda Martyn, past president of Los Amigos De Bolsa Chica, spoke to urge rejection of both the environmental impact report and the Graham Place proposal. She said that the area in question has been identified as a wetland; although badly. abused by the dumping of dredging materials .and subsequent ploughing and discing by Signal. Citing. elevations in the area which do not coincide with -those discussed in the EIR, drainage problems due to' undersized . drainage channels and pumps which are not functioning at capacity , ..potential public service costs , .and the unanimity of opinion among both private and public agencies that this is "piecemeal planning" which if accepted will preclude all .other options , Ms. Martyn concluded that the EIR is not consistent with the County' s . .plan, does - not adequately address the relationship of this project to the larger project and should , therefore, be rejected'. Bud Fain , 17706 Gainsford Lane , , chairman of the local homeowners ' association, addressed the Commission in favor of the. project. He refuted the claim of piecemeal planning, saying that the project -6- 4-3-84 - P.C . Minutes, H.B. Planning Commission April 3 , , 1984' Page 7 only represents the completion of the tract in which he ' lives (The Landing) , promised when the residents purchased their homes there. He stated that the residents consider the area a. health, and safety hazard in the condition in which it is at present with trash, dumping, noise , dirt, and bikers present- ing undesirable elements for the -neighborhood. Mr. Fain also stated that no flooding occurred during last year' s heavy rains and the drainage in their area actually is very good.He closed by stating that the 42 acres under consideration does not in any way resemble the rest of the Bolsa Chica and. it. should not be classed as_ a part of that larger area. Darlene Frost, project manager for Signal Corporation, informed the Commission that her company ' s overriding concern is that the development of the Graham Place property should occur in a manner compatible with the Orange County General Plan and Local Coastal Program, indicating that numerous technical issues of . drainage, tidal barriers , road alignments , and habitat restora- tion demonstrate .the intricate relationship of the -parcel with the entire Bolsa .Chica. Given the recent progress toward a , certifiable . LCP Ms . Frost characterized the present .proposal as piecemeal and premature and asked that the Commission con- sider a holistic approach to the Bolsa Chica and not approve the FIR at this time. Robert Ameeti , 17661 Falkirk Lane, expressed the opinion that the project is really two separate . areas - the single-family project adjacent. to The Landing and the area to the right closer .to the ocean which is going to be developed with town- homes . Michael Knapp., 17692 Gainsford Lane, addressed the Commission to urge a decision in favor of the project and the FIR. He pointed out that the area cannot be considered an aesthetically pleasing visual aspect or one which could be considered .worth conserving and addressed again the fact that the proposal is merely the promised continuation of Tract 8630 planned since 1976 . He spoke to the matter of a. proposed desilting basin in the County' s plan which is not included .in the plan under dis- cussion, , noting that the County had added the basin only in its resubmittal of its plan in December of 1983 . fie questioned the desirability of a desilting basin placed adjacent to resi- dential units without any .buffer.ing and pointed out that the project .proposed is .at a. density consistent with that shown in the County ' s plan. .Floyd Belsito, 17111 Beach Boulevard, Suite 208 , . spoke to .support the proposal. He noted the fact that present residents in the neighboring tracts are living under the same seismic and flood conditions applicable to the proposed development, conditions that were perhaps outweighed by the excellent. loca- tion , proximity to the beach , and the fine housing opportunity. -7 4-3-84 - P .C.. Minutes , H.B. Planning Commission April 3, 1984 Page 8 Robert-F. Gremel , 15621 Selkirk Drive , spoke as a homeowner in the area east of Graham Street. He expressed concern about the nature of the proposed development near his side of Graham, sayer ing that the developer' s suggestion that high--cost duplexes or triplexes be built was , unfortunately, not an obligation. He said he could support the project if a' row of. single-family homes were to be built along Berkshire adjacent to the California Classic development to preserve the nature of that single-family _ neighborhood and if Fieldstone would stipulate to not building structures which would be conducive to rentals or double occu- pancy by two or more owners . 'Bill Parker, 17882 Falcon Circle, objected to the proposal be- cause of the traffic congestion which would be caused by the single entrance into the complex. Richard Harlow, consultant to Fieldstone, stated that he feels the EIR has fairly evaluated the environmental concerns ; however, many..,of the issues addressed here have brought the general plan amendment and the zone change into the discussion on the report. He asked the Commission to make that distinction and to realize that many of the issues put .forward are more appropriately dis- cussed at the implementation level . Although Fieldstone does consider their 42 acres a separate parcel and a separate planning issue , they stand ready to work with the County , City, and with Signal to develop in a comprehensive. manner. There were no other persons to speak for or against the environ- mental impact report and -the public hearing was closed. Commissioner Livengood presented several questions to staff and received the following responses : Biological assessments . and other documents requested by the Coastal Commission have been forwarded; the consultant' s report to be prepared. by . Woodward Clyde has not been received and reviewed by staff (Howard 'Zelef= sky indicated that it' has not as yet been completed) ; and the flood plain requirements mandate that a structure be elevated .above the 100-year flood level plus one foot: Mr. Livengood also suggested that barriers be installed so that vehicles could not access the subject property from Graham Street, thereby alleviating the dumping problem. Mr. Livengood then asked the legal counsel , Art De 'La•. Loza, if an approval action on this EIR would prejudice the ability of the local government to .prepare a certifiable LCP for the Bolsa Chica, Mr. De La Loza replied that since there are other agencies that need to make certain approvals on the proposal and that since the applicant is aware of those other agencies there. should be no reasonable detrimental reliance on the part of the applicant be- cause of the Commission ' s action. He had previously instructed the Commission that part of any -approval action on its part must -8- 4-3-84 - P .C ., Minutes , H. B. , Planning Commission 1\pril 3 , 1984 Page 9 be an affirmative finding that all provisions mentioned in Public Resources Code , Section 21100 , have been met by. the EIR. Absent the Commission' s satisfaction that all short- and long-term objectives of the Code have been met no approval action could be taken. Another possibility pointed out by legal counsel was that the person. preparing the environmental document could address the issues brought up' at this meeting and either resolve them or include a statement in the docu- ment saying that these certain issues are not significant and outlining why they do not significantly impact the pro- ject and therefore do not need to be discussed in detail . Extensive discussion followed among Commission members , in- cluding the focus of the document on the subject project only without considering the entire Bolsa Chica, the elevations , flood hazard possibility, geological and biological data, the road system to serve the area, and the possibility of an ocean cut with resultant risk of tidal surge and downstream inundation. Commissioners Winchell and Porter expressed the consensus of the Commission that the report does not ad- equately respond to the issues raised by other public agencies nor does it address the final plan for the Bolsa Chica. Procedural steps were reviewed with legal counsel and staff . A MOTION WAS MADE BY LIVENGOOD TO CONTINUE THIS TO A DATE TO BE AGREED UPON BY THE COMMISSION AND FIND ENVIRONMENTAL IMPACT 83-3 INADEQUATE FOR THE FOLLOWING REASONS : 1 . The document does not meet the requirements of S . 15006 of. the State EIR Guidelines outlining the basic purpose of the California Environmental Quality Act, which states that: a. A basic purpose is to identify ways that environmental damage can be avoided or significantly reduced ; b. The document should attempt to prevent significant, avoidable damage to the environment by requiring changes in projects through the use of alternatives and mitigating measures when a governmental agency finals the changes to be feasible. 2 . The document has . not responded to the comment of the State Department of Fish and Game that specific mitigation . measures have not been provided throughout the document. The absence of. information in the document , incomplete identification of impacts , the lack of positive mitiga- tion measures , plus further complications due to the un- known LCP status contribute to the inadequacy of this document. 3 ._ The EIR does not adequately address the. concerns of two State agencies , one federal agency, and the major land= -9- 4-3-84 - P .C. Minutes, H.B. Planning Commission April 3 , 1984 Page . 10 owner in the area that there are not adequate mitigating measures to protect not only the project but the surround- ing areas. . 4 . The report makes continual reference to the County' s Local Coastal Plan that is not certified., basing important concerns such as traffic, minimal impacts on Graham on a major arterial that may never be built. . 5 . The EIR. should not be approved until the findings of geotech nical studies on faulting, liquefaction, and subsidence pre- pared at the request of Orange County by Woodward 'Clyde Con- s.ultants are available , based" on their full reports document- ing this work. 6 . The EIR as written'- does not use facts and continually, states . . . will be :addressed at subsequent levels of review. " 7 . Adequate mitigation measures are not detailed to protect the project from the .ambitious oil redevelopment program by Aminoil of its North Bolsa lease. 8 . All material facts are not addressed in the report, and there is no listing in the report of items. which are found not to significantly impact the project, as outlined by legal counsel earlier. 9 . The scope and intent of environmental information which is required by .the public agencies responding to the draft EIR is not present in . this document. Chairman Porter inquired how the maker .of the motion wished to handle the date to which the item would be continued; Commissioner Livengood stated that. he will delete the reference to a date and make it under . a separate motion. Chairman Porter thereupon clarified the motion on the floor as a motion to find EIR. 83-3 inadequate based on the preceding findings . THE MOTION WITH REFERENCE TO THE DATE FOR CONTINUANCE DELETED WAS APPROVED BY THE FOLLOWING VOTE: AYES : Winchell, Livengood, Porter, Schumacher, Mirjahangir NOES: Higgins ABSENT: None ABSTAIN: Erskine ON MOTION .BY LIVENGOOD AND SECOND BY WINCHELL ENVIRONMENTAL IMPACT REPORT NO. 83-3 WAS CONTINUED TO THE MEETING OF SEPTEMBER 18 , 1984 BY THE FOLLOWING VOTE: �_10- 4-3-84 - P .C . Minutes, H.B. P_Ldnning Commission April 3., 1984 Page 11 AYES : Winchell, Livengood, Porter, Schumacher, Mirjahangir NOES : Higgins ABSENT: None ABSTAIN: Erskine Dick Harlow questioned the .necessity for this continuance , asking if the EIR could not be corrected and re-advertised for . an earlier hearing. Florence Webb suggested that this. Area of Concern could be broken • away..from the present land use amend- ment and processed separately as Amendment 84-2 . The Commis- sion, however,, indicated that it would be difficult to improve. on the date because the forthcoming Coastal Conservancy plan is mandated for the end of June and . it .should be incorpor- ated into this document. Commissioner tivengood said that his motion stands as made. He noted that evaluation of. the environmental document need not. be exhaustive but it is to be just in the light of what is reasonably feasible . The courts have looked for a good faith effort and . full disclosure; his feeling is that the key word is "full disclosure. " He said we do not have that, and based on the testimony we .have received we will not have it until the other plans are complete . Commissioner Schumacher indicated that she wished to change her vote on the denial of the EIR to a "no". vote. Legal .counsel advised her that this .was not possible but she could indicate for the record that intention. The Commission recessed at 9 : 50 p.m. and reconvened at 10 : 00 . Staff and* legal .counsel conferred as . to further procedure. Art De La Loza recommended that, in order to maintain a clear and Accurate record and obtain maximum participation it might be best to consider each portion of the Land Use Element Amendment separately. Florence Webb recommended in light of the previ- ous action on the environmerital impact report that Area of Concern 2 . 1 be. opened and continued. Chairman Porter opened the public hearing, on Area of Concern 2 . 1 of the amendment. There were no persons to provide further input, and the public hearing was closed. ON MOTION BY WINCHELL. AND SECOND BY PORTER AREA OF CONCERN 2 . 1 OF LAND USE ELEMENT AMENDMENT NO. 84-1 WAS CONTINUED TO. THE MEETING OF SEPTEMBER 18 , 1984 , BY THE FOLLOWING VOTE : AYES : Higgins , Winchell , Livengood , Porter, Schumacher , Mirjahangir NOES : None ABSENT: None ABSTAIN: Erskine -11- 4-3-84 - P . C. Minutes , H.B. Planning Commission April 3 , 1984 Page 12 LAND USE ELEMENT AMENDMENT NO. 84-1 - AREA OF CONCERN 2 . 2/EIR 8-4 Applicant : San Alto- Development Company A request to redesignate 3 . 41 acres located at the southwest corner of Garfield Avenue and. Bushard Street from .Low Density Residential to General Commercial and to rezone the same property from Office Professional . (R5) to Community Business' (C2) District. The Commission briefly discussed the compatibility of the proposed commercial with surrounding residential uses and how such a project might be treated to attain compatibility.. Mike Adams responded that a "Q" designation on the zone change would allow staff to im- pose conditions relating to landscaping, setbacks , etc. to any specific project when"it is proposed. The fiscal impact of the. amendment was also reviewed, as well as _the viability of a small commercial development at this location and the possible dilution. of the market for existing commercial facilities . The public hearing on Area 2 . 2 of Land Use Element Amendment 84-1 and EIR 83-4 was opened. Marilyn Lugaro, 19082 Mathew Circle , submitted a petition from neighboring property owners in opposition to the proposals. Noting existing noise problems from an adjacent General Telephone Company . she protested the addition of any small shopping center to this location. Richard Parks , 19062 Hillsboro Circle , indicated that the neighbors realize that this particular property is underutilized; their con- cern is with the uncertainty .of types of uses and impacts which will result from the change of designation and rezoning. Abraham and Joan Walker, 9371 Litchfield Drive , spoke to the safety and welfare of the children living in the neighborhood., They were concerned that the .center not contain liquor stores or bars. but that types .of businesses go in that would be of use and value to the immediate community. Vera Harper spoke in support. of the proposal, saying that office professional or low density residential designations are not feasible on such a small parcel. There were no other persons to speak for or against the proposal and the public hearing was closed.. The'- Commission discussed the building .heights . allowable under the proposed C2 designation, as well as the setbacks required between commercial and residential uses . Chairman Porter asked that the report be. clarified (on Page 13 relating to conditions which could be applied to a commercial development) -to more accurately reflect what the Commission is authorized to impose under the existing applications . Staff will correct the document. -12- 4-3-84 - P.C. . * Minutes.,, H.B. Planning Commission April 3 , 1984 Page 13 In response to questioning from Commissioner Mirjahangir, the applicant indicated that he has immediate plans to proceed with . construction .of .the ' single-story shopping center if his requests are approved: He added that his plans call for a 20- foot setback :from adjoining residential units . ON MOTION .BY HIGGINS AND SECOND BY ERSKINE ENVIRONMENTAL IMPACT REPORT NO. 83-4 .AS AMENDED BY COMMISSIONER PORTER WAS APPROVED AS ADEQUATE AND RECOMMENDED TO THE CITY COUNCIL FOR CERTIFICATION BY THE FOLLOWING VOTE: AYES : Higgins , Winchell , Livengood, Porter, Erskine , Schumacher , Mirjahangir NOES : None ABSENT: None ABSTAIN: None ON MOTION BY HIGGINS AND SECOND BY SCHUMACHER THE COMMISSION RECOMMENDED :THAT AREA OF CONCERN 2 . 2 OF LAND USE ELEMENT AMEND- . MENT 84-1 BE DENIED AND THE SUBJECT AREA REMAIN AS IT IS PRESENTLY DESIGNATED ON THE GENERAL PLAN (LOW DENSITY RESIDEN- TIAL) BY THE FOLLOWING STRAW VOTE : AYES : Higgins , Winchell , Porter, Schumacher. NOES : Livengood, Erskine, Mirjahangir. ABSENT: None ABSTAIN: None LAND USE ELEMENT AMENDMENT NO. 84-1 - AREA OF CONCERN 2 . 3 AND NEGATIVE DECLARATION NO. 83-53 ' Applicant: City ,of Huntington 'Beach A request to redesignate 3. 61 acres located at the southeast corner of Gothard Street and Center Drive from Public, Quasi- Public, Institutional to General Commercial. Charles. Clark reported that the purpose of. this amendment is to bring the General Plan designation on the property into conformance with its zoning and .with .the existing use. The. public hearing was opened; no one was present to speak for or against the proposal , and th.e public hearing was closed. ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS NEGATIVE DECLARA- TION NO. 83-53 WAS APPROVED, BY THE FOLLOWING; VOTE: AYES : Higgins , Winchell , Livengood, Porter, Erskine , Schumacher, Mirjahangir NOES :. None ABSENT : None . ABSTAIN: None -137 4-3-84 - P . C . • ' i Minutes , H. B. Planning Commission April 3., 1984 Page 14 , ON MOTION BY WINCHELL 'AND SECOND BY HIGGINS THE COMMISSION RECOM- MENDED THAT LAND USE AMENDMENT NO. . 84-1 , AREA OF CONCERN 2 . 3 , BE . APPROVED AND THE LAND .USE DESIGNATION CHANGED TO GENERAL COMMER- CIAL, BY THE FOLLOWING STRAW VOTE : AYES : Higgins , Winchell , Livengood; Porter, Erskine , Schumacher, Mirjahangir NOES : None ABSENT: None ABSTAIN: None ON MOTION BY HIGGINS AND SECOND BY ERSKINE RESOLUTION NO. 1317 , ADOPTING LAND. USE ELEMENT NO. 84-1 WITH THE DELETION OF AREAS OF CONCERN 2 . 1 AND .2 . 2 , WAS APPROVED BY THE FOLLOWING VOTE: AYES : Higgins , Winchell, Livengood, Porter, Erskine , Schumacher, Mirjahangir NOES : None .ABSENT : None ABSTAIN: None ZONE CHANGE NO. 83-10 Applicant: San Alto' Development Co. .A .request to rezone approximately 2 . 21 acres from R5 (Office Pro- fessional) to C2 (Community Business) District located on the southwest corner of Garfield Avenue and Bushard Street ,(in conjunc- tion with LUE 84-1 , Area 2 . 2) The Commission considered this zone change request in light of its prior action on Area of Concern 2 . 2 of LUE 84-1. The public hearing was opened. By reference, the testimony given by the public relative to}_ Area of Concern 2 . 2 was adopted. The public hearing was closed. ON MOTION BY HIGGINS AND SECOND BY PORTER ZONE CHANGE NO . 83-10. WAS DENIED BY THE FOLLOWING .VOTE: AYES : Higgins , Winchell, Livengood, Porter , Schumacher NOES : Erskine, Mirjahangir ABSENT : None ABSTAIN: None ON MOTION BY HIGGINS AND SECOND BY SCHUMACHER STAFF WAS DIRECTED, TOPREPARE A ZONE CHANGE TO Rl (LOW DENSITY RESIDENTIAL) TO BRING THE ZONING INTO CONSISTENCY WITH THE GENERAL PLAN DESIGNATION AS PREVIOUSLY RECOMMENDED, . BY THE FOLLOWING VOTE: AYES : Higgins , Winchell , Livengood , Porter, Schumacher NOES Erskine , Mirjahangir ABSENT: None ABSTAIN: None -14- 4-3-84 - P.C .' a , r Publish 4/26/84 NOTICE OF PUBLIC HEARING LAND USE ELEMENT AMENDMENT 84-1 ENVIRONMENTAL IMPACT REPORT 83-4/NEGATIVE DECLARATION 83-53 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Monday the 7th day of May 19 84 . for the purpose of considering a proposed amendment to the Land Use Element of the General Plan (LUE #84-1 ) Environmental Impact Report #83-4 and Negative is Declaration #83-53 which includes the following items: . 1 . Redesignate 3.41 acres located at the southwest corner of Garfield Avenue and Bushard Street from Low Density Residential to General Commercial , 2, Redesignate 3.61 acres located at the southeast corner of Gothard Street and Center Avenue from Public, Quasi-public, Institutional to General Commercial . All interested persons are invited to attend said hearing and express their opinions for or against said Land Use Element 84-1 , EIR 83-4 and ND 83-53 Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED 4/20/84 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk �� ,sk `'��- "�`�;'�f9 i` ?° -•;r.+, . ;��'�ro���s:- _. •4Y """s-.: *;•�y+� {fit 1 �f�'a'�!d�p��?P�°.;tv:'fl+�,:f'�,C,'�"�° F+.a� '^;iw `.^±r..t�' -�; _..:- .y31. '. .. �i:+•'-.;,,,. 'r -Y 4� ��� "'=-�':�'Y.9Fl:?k� �t`.'s...q F'. r. SQL'( `xh.._���,- "�., k..,-- .ry¢.0 �•` ��'� ;Y{•: "� •'�' `�`'LM�'� �,�+'"f �'S�'"?;+i:+���r"� i:�"'} fir. -'�'� `�� � '�E` + Ilati+: 'o�i•;a-.. .. ;4e.,....::SZT�>_,.f,L• c:.i'::~�' v 4it?�.�+" ,�'w''r, +,���r�;"�}��'�'-�q'"�0� .�" ..9F'S' "fir » _ ..-+�.>�' :a''A ., ".'•s::-.: ,-L: C'.ia.�i. .�..' r.! t't!N.�< .r'a.; �„at+'.., :.$ g +. -i'"%.: �a, ..Gfc"..rw•'d.'� 3y`�:s9d`yq'• k.i � i_ f� �•f�`_�.". .. .f.' � :..a..•�.m.�,y,.<<.•_, w,..,. _-,Xis -.3 ..ya• r3;�r: :w. -.wx'' -.-� .:z� bib", '1--- NB 5668 --' CARBON SET ADDRESSING TA RBONSE 37-822 (4722) 2 PART LABELS TURNSIU88ACh HOLD ENDS11RMLY QRIII(i`.OGEIHEP SNAPAPARI 142-071- 58 `aontgomery Ward Dev. Corp . z/o Tax Dept . 901 Avenue K ;;rand Prairie , TX 7SOS0 . 142-071- 60 City of. Huntington Beach City Hall Auntington Beach, CA 92648 1,42-072- 02 ,03, S4 -- Coast Community College Dst '1701 Fairview Road Costa Mesa, CA 92626 142-474- 03 13i.schof, Josef 7S61 Center Ave. #48 ;iunting.ton Beach, CA 92647 I 42 -071- 63 lerwel Enterprises 7777 Center Drive luntington Beach; CA 92647 1-42- 071- 66 reeway Ind. Park. .evitz Furniture Corp . \t t.n : David M. Devins '.'12 High Street 'ottstown PA 19464 L42-072- 08 !;reeway Industrial Park !.80S E. Garry. St . ,Ste . 110 )anta Ana, CA 9270S I - J 142-07158 142-071-63 Montgomery Ward Dev. Corp. Jerwel Enterorises �ax Dept. 7777 Center Drive venue i Huntington Beach, CA 92647 Grand Prairie= TX 75050 142-071-60 142-07-66 I City of Huntington Beach Freeway Industrial Park City Hall Levitz Furniture Corp. Huntington Beach, CA 92648 Attn: David M. Devins 212 High Street Pottstown,_PA_-19464 142-072-02,03-54 142-072--08 Coast Community College District Freeway Industrial Park 2701 Fairview Road 1805 E. Garry St. Suite #110 Costa Mesa, CA 92626 Santa Ana, CA 92705 142-474-03 Bischof, Josef A 12ea a, 3 7561 Center Ave. #48r Huntington Beach, CA 92647 G v LEGAL NOTICE NOTICE OF PUBLIC HEARING ' NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Planning Commission of the City of Huntington Beach, California, for the purpose of considering a proposex amendment to the Land Use Element of the General Plan (LUE 84=1�)�,� s� Environmental Impact Report 83- 4 ; 1egative' Declaration 83- 53, which include the following. items : r�lnPncityCi C1 3„��, Redesignate 3 . 41 acres located at the southwest corner of Garfield Avenue and Bushard Street from low density residential to general commercial . �• Redesignate 3. 61 acres located at the southeast corner of Gothard Street and Center Drive from public , quasi-public, institutional to general commercial . Said hearing will be held at the hour of 7 : 00 P .M. , on _Tue.sday, April 3, 1984 in the Council Chambers Building of the Civic Center, 2000 Main Street, Huntington Beach, California. ' All interested persons are invited to attend said hearing and express their opinions for o gainst the proposed General Plan Amendment , Environmental Impact Report , gative Declaration, Further information may be obtained from the City Planning Department. Telephone No. (714) 536-5271 DATED this 22nd day of March 1984 CITY PLANNING COMMISSION By James IV . Palin, Secretary. NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING p ITEM ���.� � ��1 rJ 4AV ," < TO: CITY CLERK'S OFFICE DATE: FROM: PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE 7 DAY OF Y' 19, /AP's are attached AP's will follow No AP's Initiated by: / Planning Commission c! Planning Department Petition * Appeal Other Adoption of. Environmental Status (x) YES NO Refer to (3?1A-R C- Planning Department - Extension # for additional information. * If appeal, please transmit exact wording to be required in the legal. Publish 4/26/84 NOTICE OF PUBLIC HEARING LAND USE ELEMENT AMENDMENT 84-1 ENVIRONMENTAL IMPACT REPORT 83-4/NEGATIVE DECLARATION 83-53 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Monday the 7th day of May 19 84 . for the purpose of considering a proposed amendment to the Land Use Element of the General Plan (LUE #84-1 ) Environmental Impact Report #83-4 and Negative i ; Declaration #83-53 which includes the following items: , 1 . Redesignate 3.41 acres located at the southwest corner of Garfield Avenue and Bushard Street from Low Density Residential to General Commercial . �2. Redesignate 3.61 acres located at the southeast corner of Gothard Street. and Center Avenue from Public. Quasi-public, Institutional to General Commercial . All interested persons are invited to attend said hearing and express their opinions for or against said Land Use Element 84-1 , EIR 83-4 and ND 83-53 j Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED 4/20/84 / CITY OF HUNTINGTON BEACH By: Alicia M. Wentwor h City Clerk !1'S'�-•3 6 2''-3.3......_._.,.__...,....a...,..„.....,....,...,.. ..1.5.3.-3 62_3_q_._...._: _._.._._.._.._...._. 15 3-3 6 2` 36 MELVIN I . HARPER EDDIE R. HAYES MELVIN I. HARPS ' � 19021 MATHEW-CIRCLE 19011 MATHEW CIRCLE 10211 KAIMU DR. HUNTINGTON BEACH, CALIF. I HUNTINGTON BEACH , CALIF. HUNTINGTON BEACH, CALL: 92646 92646 9264 - 153-362-39 153-362-41 153•-362=42 MELVIN I . HARPER MELVIN I. HARPER MELVIN I . HARPER 19062 MATHEW CIRCLE 119092 MATHEW CIRCLE 19102 MATHEW CIRCLE HUNTINGTON BEACH, CALIF: , HUNTINGTON BEACH, CALIF. HUNTINGTON BEACH, CAL7 ' 92646 I 92646 92641 157-252-19 T5'1L. 20 RONALD K. LARUFFA BRI'A14 C: BUSCOMBE • 19425 WARBLER AVE. 25002 *- TRAILVIEW TERRACi I FOUNTAIN VALLEY, CALIF. EL TbRo, CALIF. -9±9 4$ 92708 92630 157-252-21 157-252-22 157=252123 + THOMAS R. KARPINSKI ROBERT ZAFIRATOS CHARLES� D. .BARRON 9449 WARBLER AVE. 9459 WARBLER AVE. 18955 •* CAPENSE ST. FOUNTAIN VALLEY, CALIF. FOUNTAIN VALLEY, CALIF. FOUNTAIN VALLEY, CALIF . 92708 92708 92708 157-252-24 157-252-25 157�252-, 34 NAVIN D. ZYAS CAROL E. WALBERT THOMAS PETERS 18945 CAPENSE ST. 18933 CAPENSE ST. 9444 ;SHRIKE AVE. FOUNTAIN VALLEY, CALIF. FOUNTAIN VALLEY, CALIF. FOUNTAIN VALLEY, CALIF . 92708 92708 92708 157-252-35 ' 157-252-36 157y253 06 1-1ARJ,1,;'Y E. DAHNKE PETER MARUSCHAK JOANN JOHNSON 9434 SHRIKE AVE. 9422 SHRIKE AVE. 7882. BEACHPOINT DR. :'. FOUNTAIN VALLEY, CALIF. 1 FOUNTAIN VALLEY, CALIF. HUNTINGTON BEACH, CALT. . 92708 I 92708 9264 157-253-07 1157-253-08 =25 09 AR` HUR J . CABRERA LARRY BOSTOCK FRANK G BEELS 9432 WARBLER AVE. 9444 WARBLER AVE. 9456 WARBLER AVE. FOUNTAIN VALLEY, CALIF. ! FOUNTAIN VALLEY, CALIF. FOUNTAIN VALLEY, CALI17 . 92708 92708 92708 157-253-10 157-253-11 157-253-12 LRE D. BERGERSON j WILL,IAM R. REYNOLDS JOSEPH J. BANGAN 9466 WARBLER AVE. 9476 WARBLER AVE. 9486 WARBLER AVE. FOUNTAIN VALLEY, CALIF. I'OUN'.I'ATN VALLEY, CALIF. FOUNTAIN VALLEY, CALIF 92708 i 92708 92708 157-253-13 1.57-253-14 157' 253-15 RON.AL,DO G . STORF i EVEL,YN HYATT JOHN P. DALPOGGETTO lb')(')6 CAPFNSE ST. 18956 CAPENSE ST. 18946 CAPENSE ST. FOUNTATN VALLEY, CALIF. FOUNTAIN VALLEY, CALIF. FOUNTAIN VALLEY, CA1,I1- 92708 92708 92708 1.57--253-1.6 i 157-2.53-17 157-2.84=01 FRANK A . CLARK JOHN K. VASINA 'MOSBAci!ERAd CO.. 1.8934 CAPENSE ST. 18924 CAPENSE ST. 2828' N.... HASKELL AVE. FOUNTAIN VALLEY, CALIF. FOUNTAIN VALLEY, CALIF. DALL� Sj 'TEXAS 92708 I 92708 75204 1.57-284-02 1.57- 2� 4 -54 157-284-05 DANK Of 7\1,11 N CCA I',N'I'linNY COT.,S1'ON I NAY TOYODA 4500 ('r,i';I'I,l;i DR . 1' 207_ cl �)7 r,t(1Ki '1 ? 1;1 AV1 9528 ._Sh101CF'1RI�E AVE:. . .._. AI .:I li,'1' l,i % C 1 / i.Tl' L . .i. ....IAl a 7. 14.1. -v - rnnv::'sxuaa_ ssxwwr:xa:?^m:mecicA: n+ 153-331;1-7 U 153-371-03 153-311-04 MLVI,�" I: HARPER EARL A. LAMB WILLIAM G. LAMB 185T SAMAR 'DR. 18752 GREGORY LANE 9542 GARFIELD AVE. COSI'A MESA, CALIF. HUNTINGTON BEACH, CALIF. HUNTINGTON BEACH, CAL.T ; 92626 j 92646 92646 153-371-05 ! 153-371-70 1`53�371-71 WILLIAM G. LAMB EARL A. LAMB r ROBERT ANETSBERGER 9542 CARFIELD AVE. 9541 BASS DR. 4509 GREENMEADOWS AVE. HUNTINGTON BEACH, CALIF. � HUNTINGTON BEACH, CALIF. - ' TORRANCE, , CALIF. 92646 I 92646 : . , 90505 153-371-72 153-371-73 `373=02 EARL A. LAMB EARL A. LAMB TEAR•L: A LAMB 18752 GREGORY LANE P.O. BOX 1284 19101 WALLEYE LANE HUNTINGTON BEACH, CALIF. .• MAMMOTH LAKES, CALIF. HUNTINGTON BEACH, CALIi 92646 I 93546 9264 ( 153-373-03 153-373-09 153=373-10 F � EARL A. LAMB EARL A. LAMB EARL 'Ar LAMB 19072 CARP CIRCLE 19122 BUSHARD ST 1911 BUSHARD ST HUNTINGTON BEACH, CALIF. jHUNTINGTON BEACH, CALIF. HUNTINGTON BEACH, CALII- 92646 92646 9264 153-373-12 153-351-12 153j3'51'L13 CARL H. REINHART IRICHARD A. LAITRES EDWARD EADER P. O. BOX 4476 9402 LITCHFIELD- DR. 3809 SEASHORE DR. IRVINE, CALIF. IHUNTINGTON BEACH, CALIF. "NEWPORT BEACH, CALIF. 92716 92646 92663 153-351-14 i 153-351-15 15� 3a1t 26 SHARON K. LOVE iFREDERICK A. RYAN MELVIN I : HARPER 9422 LITCHFIELD DR. 9432 LITCHFIELD DR. 1' 9431 VELARDO DR. IIUN`.I'INGTON BEACH, CALIF. : HUNTINGTON BEACH, CALIF. HUNTINGTON BEACH, CALIV 92646 ' 92646 .. � = 92646 i53-351-21 153-351-22 ' ', ,:153-351-•23 EMMA CIMINO CHARLES DBRAITIS ARNOLD, Pi ADAMS 9421 VELARDO DR. ! 9411 VELARDO DR. 9401 '-VELARDO DR. HUNTINGTON BEACH, CALIF. HUNTINGTON BEACH, CALIF. HUNTINGTON BEACH, CALIi' 92646 92646 _ 9264 (. 153-362-18 1153-362-19 153-362•�20 DONALD L. STERLING JUNE A. BALLARD STEVE HARJER 1901.2 HILLSBORO CIRCLE 19022 HILLSBORO CIRCLE 19032 HILLSBORO CIRCLE HUNTINGTON BEACH, CALIF. HUNTINGTON BEACH, CALIF. HUNTINGTON BEACH, CALIF 92646 92646 ! 92646 153-362-23 153-362-25 I153-362-26 DONALD W. WALTERS ABRAHAM L. WALKER 1STEVEN M. TIERNEY 19071 HILLSBORO CIRCLE 9371 LITCHFIELD DR. 9381 'LITCHFIELD DR. HUNTINGTON BEACH, CALIF. HUNTINGTON BEACH, CALIF. HUNTINGTON BEACH, CAL-Ti ; 92646 92646 9264 i 1- 53-362-27 153-362-28 153 -362-29 MT.CIIAEL L. RICHARD ROSALIE M. METZGER j MELVIN I . HARPER 3712 S . MEYLER ST. ' 19081 MATHEW CIRCLE j19071 MATHEW CIRCLE SAN PEDRO, CALIF. HUNTINGTON BEACH, CALIF. ! HUNTINGTON BEACH, CALL ; 90731 92646 92641 1.53-362-30 153-362-31 i153-362-32 11AZE11, M. SKINNER HI.'f VIN I . 1IARPI,R MELVIN I . HARPER 19061. MATIlEW CIRCLE -19n4l NIATIIF:W CIRCLE 19031 MATHEW CIRCLE kl(T 'c7N C'AT,TF. !II1NT1 t (,TON PIX..ACIT , CALIF . 11UN'.1'INGTON IRF,,7\C1l , C nT /-284-06 157-284-07 157-284-09 ICK .0. CHALMERS BOR KAMENTS1,11 DEPT OF VET AFFAIRS ')40 .SMOKOTREE AVE. 9552 SMOKETREE AVE . 9578 SMOKETREE AVE. 'OUNTAIN VALLEY, CALIF. FOUNTAIN VALLEY, CALIF. FOUNTAIN VALLEY, CAi, _ 92708 92708 j 927. 57-284-44 157-284-43 157-284-30 PTA LAMB MARTIN L. MELTZNER VICTOR PIETRANTONI 8752 GREGORY LANE 2976 QUEENSBURY DR. .� 9583 SHIMIZU RIVER C ,UN`1'INGTON BEACH, CALIF. ! LOS ANGELES , CALIF. FOUNTAIN VALLEY, CAI., V,_ 9,2646• i 90064 927 - 157-284-17 I - 157-284-31 } MERVIN N . JACKA { EDWIN R. MCINTYRE 958'8 SHIMIZU RIVER CIR 9582 SHIMIZU RIVER C FOUNTAIN VALLEY, CALIF. FOUNTAIN VALLEY, CAI. 92708 92"7 . 53-371-06 153-311-69 153-351-16 liLLIAM LAMB j CARL GREIFZU RICHARD SPARNO 1542 GARFIELD AVE. 9551 BASS 9452 LITCHFIELD DR. "UNTINGTON BEACH, CALIF. i HUNTINGTON BEACH, CALIF. 'HUNTINGTON BEACH, CA 92646 92646 92 : 53-373-04 j 153-371-68 157-284-08 IARJORIE T. VIERS CHARLES M. FROELIC I, FRANCOIS VALENTI .9121 WALLEYE LANE i 19072 WALLEYE . 9895 SITKA !UNTINGTON BEACH, CALIF. HUNTINGTON BEACH, CALIF. FOUNTAIN VALLEY, CAI, 92646 92646 i i ., 927 153-362-35 153-362-24 y153-362-21 :ENT KENZLI ALVIN C. LUNDEN f .NOE 'CRUZ 119012 MATHEWS CIRCLE i 19082 HILLSBORO CIRCLE 19042 HILLSBORO CIRC,' :IUNTINGTON BEACH, CALIF. !, HUNTINGTON BEACH, CALIF. "',:.HUNTINGTON BEACH, CA: 92646 92646 92, 1-53-362-37 153-351-19 ; ' 153 `362-22 'IELVIN I . HARPER JACK WEAR ! RICHARD N. PARKS 1-9032 MATHEW CIRCLE 9451 VELARDO i . ' 19872 INVERNESS .'UNTINGTON BEACH, CALIF. HUNTINGTON BEACH, CALIF.,, HUNTINGTON BEACH, CA.' 92646 92646 92, 1-53-373-01 153-351-18 153-362-40 iLWOOD BONNER CHARLES F. HOFFARD GEORGE P. LUGARO 9341 PORTSMOUTH DR. 9461 VELARDO 19072 MATHEW CIRCLE IUNTINGTON BEACH, CALIF. , HUNTINGTON BEACH, CALIF.: HUNTINGTON BEACH, CA 92646 92646 92. t53--362-38 153-373-11 4M. F. BOUCHARD JAMES E. SMITH lQ. /" !9042 MATHEW CIRCLE 19102 BUSHARD 79J-6: 1UNTINGTON BEACH, CALIF. : HUNTINGTON BEACH, CALIF.; , O� 92646 92646 .I ,� `"t1 i ! Mr. M P us Porter April 11 , 1984 Page 2 The EIR evaluated the proposal as a land use amendment and zone change; the Planning Commission evaluated the proposal in far more detail than is required at this time. Specific implementation issues would normally be addressed at the tentative trac4 map and conditional use permit stages. • The 5�-month continuance does not take into consideration the possibility that the Bolsa Chica planning issues may be resolved in a more timely manner . 'Pherefore, we ask that the Planning Commission act favorably on our request for reconsideration and set the EIR, General Plan Amendment, and Zone Change for public hearing on June 5 , 1984 . Thank you for your consideration. Sincerely, THE FIELDSTONE COMPANY A. S . Durham Project Manager ASD:pj The Niel e G it. 14 Corporate Plaza,Newport& CA-­I" M) 851-8313 April 11, 1984 Mr. Marcus Porter Chairman, Planning Commission City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Reconsideration of Planning Commission Actions EIR 83-3 GPA 84-1 ZC 83-11 Dear Mr. Porter , The Fieldstone Company respectfully requests reconsideration of the actions taken by the Planning Commission at its April 3rd meeting regarding Graham Place , the 42 . 4-acre parcel located at the westerly termination of Graham Street. At that time, the Commission found inadequate EIR No. 83-3 and voted F to continue the matter to September 18 , 1984 . In conjunction with that action, our proposed Land Use Element Amendment 84-1 (Area of Concern 2 . 1) and 'Lone Change No. 83-11 were likewise continued to September 18 . i We believe that the 5�-month continuance is of longer duration than necessary to respond to the issues raised by the Commission. In addition, it is impor- tant to recognize the following: • Our proposal is fully consistent with both the pending County of Orange Land Use Plan and State Coastal Conservancy Habitat -Conservation Plan. r ' 'S` ,N-� 5 The Fieldr Co. 'my, 14 C)rlx)tate Plaza, Newport Bea 'A , i(�la) 851.8313 s . April 11 , 1984 City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 4 Re: Appeal of Planning Commission Actions EIR 83-3 GPA 84-1 ZC 83-11 To whom it may concern: This letter is to appeal the actions taken by the Planning Commission at its April 3rd meeting regarding Graham Place , the 42.4 acre parcel located at the westerly termination of Graham Street. The Commission found inadequate EIR No. 83-3 and voted to continue the matter until September 18 , 1984 . In conjunction with that action, our proposed Land Use Element Amendment 84-1 (Area of Concern 2. 1 ) and 'Lone Change No. 83-11 were likewise continued to September 18 , 1984 . Our appeal is based on the following four issues: • The Commission did not allow time for a respot]se from the EIR consultant to address its specific concerns . The consultant, 1 Van Dell and Associates, has indicated that it will be able to bring the EIR to acceptable standards in a much shorter period- of time. • Our proposal is fully consistent with both • the pending County of Orange Land Use Plan and State Coastal Conservancy Habitat Conservation Plan. City C, A April 11 , 1984 Page 2 • The EIR evaluated the proposal as a land use amendment and zone change; the Planning Commission evaluated the proposal in far more detail than is required at this time. Specific implementation issues would normally be ad- dressed at the tentative tract map4and condi- tional use permit' stages. • The 531-month continuance does not take into consideration the possibility that' the Bolsa Chica planning issues may be resolved in a more timely manner . We hope to have a public hearing on this appeal at the earliest possible date . Thank you for your consid- eration. Sincerely, a THE FIELDST014E COMPANY A. S. Durham Project Manager ASD:pj cc: James Palin, Director of Development Services Howard Zelefsky, Assistant Planner f M � j -- 8VNT iQTC`t4 BEACH A� �_ATY OF 14UMTINGTOI'o BEACk1 DEYELQPftExt SERVICES INTER-DEPARTMENT COMMUNICATION HUNTINGTON BFACH APR 10.1984 P. 0. Box 1 JAHES W . PALIN GAIL HUTTOIIHunfington Beach, Ck91-648 To Development Services From City Attorney e.0 +', I Subject FIELDSTONE DEVELOPM Date ENT April 6 , 1984 t4 OPINION 4 Background : EIR No . 83-3 prepared for Fieldstone Development for an area adjacent to the Bolsa Chica in County territory was found not to be certifiable as to completion by the Planning Commission at its April 3 , 1984 , meeting . The matter, was accordingly continued to September 18 , 1984 . Question : Does the normal 10-day appeal period for any action taken by the Commission apply to such finding and con- tinuance? Answer : No . Liscussior. �oction 9880 of the Huntington Beach Ordinance, Code provides in relevant part as follows : "Appeal. may be made to the City Corrrloil from any decision , determination or re��iairements of the Planr'ii.ng Commission by filing notice thereof in writing with the City Clark within ten ( 10 ) days after such decision or, deter- mination or requirement is made . Such notice shall set forth in detail the action; and grounds by and upon which the applicantt.or interested party deem himself aggrieved . " ( Emphasis added ) However , coexisting with § 9880 is § 9876 which provides that : "The Council ar,d the Commission may respec- tively prescribe its own rules and regula- tions for condue!ting its hearing and taking testimony , and miry cont;intro hearings , when necessary . " ( Emphasis added ) Since the Huntington Beaoh Ordinance Code spccifically refers to continuances separately from decisions , determinations or require- ments , the legislative intent. must be that a continuance is not, an action that is appealable . James W . Palin April 6 , 1;84 Re : Fieldstone Development Page Two Moreover , and by analogy , Code of Civil Procedure § 1094 . 5 which addresses "review of administrative orders , or decisions, " pr-.'iides in relevant part that a writ of review may be issued "for the purpose of inquiring into the validity of any final administrative order or decision made as the . result of a proceeding in which by fi law a hearing is required . " At the April 3, 1984 , Planning Commission meeting , the Commission did not make a final administrative order or decision . Rather it found that at the present time the EIR prepared for Fieldstone Development for an area adjacent to the Bolsa Chica could not be ., certifiable as to completion . Hearings on its certification were continued until September 18 , 1984 . 14 Ca1 . Admin . Code § 15162 provides in relevant part that a public agency can require additional EIR where " ( 3 ) New information of substantial importance to the project become available . " The Planning Commission continued the hearings until September 18, 1984 , because , among other things , in July and August , 1984 , the Coastal Commission will be taking action related to the Bolsa Chi-i area . This new information will enable the Commission to deterrnir,e if' the Fieldstone Development EIR is certifiable as to completion . The iommission was specific as to the date c)f the continuance , .`,r,ptembcr 18 , 1984 , and Pave clear t eferer,cn as to the reasons fr,r t.h,, oontinuance . The Commission was action; within its discr.etior, 7 undr�r Huntington Beach Ordinance Code 5 9870 , to continue when f necessary , and _in accordance with 14 Cal . Admin . Code § 15162 . r � In addition , Fieldstone Development was represented in person, at the April 3, 1984 - -Planning Commission meeting by Richard Harlow . Mr . Harlow did not request that the Commission officially rule that. the Fieldstone EIR could not be certified as to completion ; rather , Mr . Harlow allowed the hearing on the matter to be continued , thereby acquiescing to the Commission ' s action'. i Mr . Harlow did not person 3ally appeal the Commission ' s continuance 1 at the time ; therefore , Fieldstone waived its right to appeal . / GAIL HU�I'TON City Attorney r ps Prepared with the assistance of Carol Ann Brown , Legal Intern r - *lr 1, March 26, 1984 James W. Palin, Director LI �Ox 6 sIGM47R'�`� Development Services City of Huntington . Beach P.O. Box 190 California 92648 Dear Mr . Palin: We do object to the rezoning of the 3 . 41 acres located .at the southwest corner of Bushard Street and Garfield Avenue from Low Density Residential to General Commercial . This is .a reply to protest your request letter dated .March. 20 , 1984 . As homeowners we ru.-chased OLir h.;mes knowing that the vacant lanr in q,aestion was zoned for Low Density Residential Use R-5 . Our decision to purchasewas based upon this ' knowledge . We feel that it will be of, no value to our neiq�,honccod to nave a com- mercial establishment on t}�e corner and T,vill in fact be detre- mental to our family :nei.gnborhood. We have adequate shopping on bo qh mile intersections at Magnolia and Brookhurst. ( Y - Kit, 74 .r 1 ` to the I-CIZOMH}l of the 1.41 ,i( res �I oc;ited a I the southwest corner of I1wd),Ild )Ircct [I)(' rlicld Av(,iim, lrom Low Density sldcntial to Gciicral -cial. phis .-t reply - request 'IL(,.r dated MI-irch 20, 19M., to protest your tiest k As homeowners we purchased our homes knowing that the vacant land in question was ;qofwd for Low Density Pesicleiail-il I Ise R-5. Our decision to purchase was bzased upoll 1111� I<Ilo\vl(,dg(,. We feel thl-it it will be of no valm., to our neighborhood to hove (-.t1-ibI1Shmcii1. on Ilw c orncr and will m fact be detrimental to our famik f.1cighborhood. We have adequate shopping on both ri-ille intersections at. Wign(diLi and Birookhurst. 110M[-:(,)WN ER PETITION AGAINST REZONING OF THE 3.41 ACRES LOCATED AT Tflf-: SOUTHWEST CORNER OF BUSHARD STREET AND GARFIELD -AVENUE from low density residental to general commercial. NA M I ADDRESS ZY - -- - --.t_--- .- - ---jam d�`�-----�-���..��77�,L,,,���9Z��- fe 6 M loatch' e- bAl AL AJA V\ roe v -7L4 c- L Jzl L7�4 f I-,Z�-2L / V/c d.` .`b),,t to Ihc rezun)oX of ^ dhr 3.41 orrcx |ocotrd at dm souI-hwe.xt corner of |.�ox|urJ S/rrc| 1-md -(icN /\v,nuc tron/ Low Density �idnitia| to Ccncra| /m"'r'�iuL Thix \r u reply �o pn,�c,1 ynor rr�u»�! |/ '.�r dutcd March ZU, 1984' , As homeowners we purchased our hom,s khowing that the vacant |and ill question was q'x'rd (nr Low. Density Residential | /a` R-\ Our drdsino to purchase was ha,;rd upoo |hu know|vJuc, We [cr| that it will b(, c).| no value to our neighborhood to homl. u ronm`,n'iu| ,stab|ishmcnt on the 'nmrr and will in taut be detrimental to oor [u"i|r n,iXNx,r},xxL VV, |uy(, ,d,1o.)|, ^|wNvoX `v' |v`|h n//|, iw,u,''vx!` :| Mugnn|i^ und8rook|mrst, ' � HOyWE(lVVNER PETITION AG/\(NST REZONING OF THE l41 /\[KES LOCATED AT T| UL SOUTHWEST ('OKNOl OF |}OSH/\KD STREET AND GARFIELD E '' "''' '"° ",'"^`r '==."=..`= to 6=..".". "'""..nuu.. ' NAML ADDRESS ,j 4-1 / ^^ ' ------- ` ' ` ^ -- — ' ` ' ' _~ . / V/' d. "b|'` / k` Um rcu/oioA of, dn 3.41 u'n`s |mcatcd a U)c on Lit )wix/ conlrr n[ ` '| So,ci Io(, 'dicW 0 um, from Low Density `�idlda| to (�' | � n This v. a reply to pr,\,m your rr^or/i |k ..cr da(rd ��unih' ZO, 1984, � /\� |)(`//v.`vvn.'n wr |`u1-(1u^,d mx |mxv'` k/^'wxYg, /|/o| U^' vu' uo |uoJ m qo,`ow/ was. qw`cd for Low Density Residential Use R-J. Our decision to purchase was based upon this ko'``v|cdXp' We [ec| that it Will he Of no vak/c to our neighborhood to have a /nnoo,rr'a| egaN/sho'cnt on the corner and will in fa(:1 be detrimental to Our- family neighborhood. We have xhoppi/l)' oo hn|h mi|c intersrctmox ar ' Magnolia and Hrookhorsi, ' ` ' N}&1L,OWNER PETITION AGAINST REZONING OF THE 3,41 ACRES LOCATED AT THE SOUTHWEST CORNER /E from low density rrsidunta| to general cmnm'rdaL ' N/\K4L , /\D|}KES5 / ~� '/ - ----_-------- `---_'___--_---__'___-__--_--__-_'___----__-___-___'- _--_----_`----_- �-_-_-_' ` ----_-___--_---_- - - ' � ' ----- ` / Office of the City Clerk City of Huntington Beach b !4 l P.O.BOX 190 CALIFORNIA92648 L:: 040 nn ^e,ea 9 fa w,z iy -1-5 7--2-5 3-1-- -BAW=-AN 9486 T RBLER AVE. 1 FO TAIN VALLEY , CALIF. �.II 92708 1