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HomeMy WebLinkAboutHuntington Harbour Bay Club Specific Plan - Ordinance 2605 - 4 REQUEST FOR CITY COUNCIL ACTION Date June 21, 1984 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator �4Q�� James W. Palin Director Development S rvic �' Prepared by: . . p 0 Subject: REPORT FROM PLANNING COMMISSION ON THE AD ITIO L NDITIONS FOR HUNTINGTON HARBOUR BAY CLUB SITE US Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE : At the City Council meeting of June 18, 1984, an additional condition was proposed for inclusion in Resolutions No. 5388 and 5389 regarding the Huntington Harbour Bay Club site. The Government Code requires that an additional condition not considered by the Planning Commission be referred back to them for a report prior to adoption. After receiving the report, the City Council may adopt the resolutions. RECOMMENDATION : Adopt amended Resolutions No. 5388 and 5389 with the additional condition for the Huntington Harbour Bay Club site. ANALYSIS: Planning Commission Action on June 19, 1984 : ON MOTION BY HIGGINS AND SECOND BY WINCHELL, THE PLANNING COMMISSION APPROVED THE ADDITIONAL CONDITION FOR THE HUNTINGTON HARBOUR BAY CLUB SITE AND RECOMMENDED IT TO THE CITY COUNCIL FOR ADOPTION BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Erskine, Mirjahangir NOES: None ABSENT: Porter, Schumacher ABSTAIN: None The City Council adopted Resolutions 5388 and 5389 on June 18, 1984 along with the other coastal zoning. Since a report from the Planning Commission is required by the Government Code prior to adoption, staff recommends that the Council now adopt the amended Resolutions 5388 and 5389. PIO 4/81 Ii l FUNDING SOURCE : None needed. ATTACHMENTS: 1. Planning Commission Report 2. Resolutions No. 5388 and 5389 CWT :JWP:JAF:j lm 02 61d -2- 6-21-84 - RCA Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 82848 Date: June 21, 1984 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator Prepared by: James W. Palin, Director of Development Services • • Subject: REPORT FROM PLANNING COMMISSION ON ADDITIONAL CONDITION FOR HUNTINGTON HARBOUR BAY CLUB SITE ry �v The City Council considered an additional condition required by the California Coastal Commission for the Huntington Harbour Bay Club site at their meeting on June 18, 1984 and referred it to the Plan- ning Commission for a report . Planning Commission Action on June 19 , 1984 : ON MOTION BY HIGGINS AND SECOND BY WINCHELL THE PLANNING COMMISSION APPROVED THE ADDITIONAL CONDITION FOR THE HUNTINGTON HARBOUR BAY CLUB SITE AND RECOMMENDED IT TO THE CITY COUNCIL FOR ADOPTION BY THE FOLLOWING VOTE: AYES: Erskine, Livengood, Mirjahangir, Higgins, Winchell NOES: None ABSENT: Porter, Schumacher ABSTAIN: None PLANNING COMMISSION RECOMMENDATION: Approve Resolution Nos . 5388 and 5389 incorporating the additional condition for the Huntington Harbour Bay Club. ATTACHMENTS: 1 . Additional condition for Huntington Harbour Bay Club site. 2 . Resolution No. 5388 . 3 . Resolution No. 5389 . JWP: JAF: sr " .JUitional condition on Bay Club, t.o be added to Resolution No. and the Specific Plan on page 8 under A. Conditional Use Permit Prior to thF transmittal of a permit , the applicant shall submit to * he Director of Development Services a determination from the State Lands Commission that : a ) No state lands and/or lands subject to the public trust are in- volved in the development and all necessary authorizations re- quired by the State Lands Commission have been obtained; or State Lands and/or lands subject to the public trust are involved in the development and . all necessary authorizations required . by the State Lands Commission have been obtained; or c ) State lands or lands subject to the public trust may be involved in the development , but pending a final determination agreement has been made with the State Lands Commission for the project to proceed w.thout prejudice to that determination . s A H014 ' CITY OF HUNTINGTON BEACH AL INTER-DEPARTMENT COMMUNICATION Y Azzal HUNTINGTON BEACH *if^ A ywty To Charles W. Thompson James W. Palin, Director City Administrator o Development Services Subject ADDITIONAL CONDITION FOR Date June 14, 1984 HUNTINGTON HARBOUR BAY CLUB SITE APENDA ITEM NO. D2-d On April 11, 1984 the California Coastal Commission approved suggested modifications for the Huntington Beach Land Use Plan amendment and zon- ing implementation. Atthe hearing, Liz Fuchs, Coastal Commission staff planner , read into the record an additional condition which the State Lands Commission wanted placed on the Huntington Harbour Bay Club. The City has not yet received any written verification of the adopted suggested modifications from the Coastal Commission and this additional condition was inadvertently left out of the proposed amendments for the Huntington Harbour Bay Club site . Staff recommends that this additional condition be discussed by the Council at their meeting on June 18, 1984 . After taking testimony at the public hearing on the two resolutions regarding the Huntington Harbour Bay Club, the items should be continued to the next meeting and the additional condition referred back to the Planning Commission for a report . The text of the additional condition is attached. JWP :JAF: sr Attachment ru� � }-eendtion on y El�b,--to-fie- r� tz� Resolut.ian--I . arr`el-" 4� Spee-i.f-re Pla�� page 8 under A. Conditional Use Permit Prior to ,the ;transmittal of a permit, the applicant shall submit to the Director of Development Services a determination from the State Lands Commission that : Qal No state lands and/or lands subject to the public trust are in- volved in the development and all necessary authorizations re- quired by the State Lands Commission have been obtained; or -))bl State Lands and/or lands subject to the public trust are involved in the development and all necessary authorizations required by the State Lands Commission have been obtained; or ,_3,ej State lands or lands subject to the public trust may be involved in the development , but pending a final determination agreement has been made with the State Lands Commission for the project to proceed without prejudice to that determination . Attachment 1 ' The HUNTINGTON HARBOUR BAY CLUB SPECIFIC PLAN shall be modified as follows: A. Section XII Access (p. 13) shall be modified to require lateral access dedications as follows : As a condition of new development, the applicant shall cause to be executed and recorded a document, in a form and content approved by the Director of Development Services , irrevocably offering to dedicate an easement for public access and passive recreation along the shoreline and the beach. The easement shall be for the length of the property. Along the bulkhead it shall be measured from the inland edge of the bulkhead a distance of 10 feet and the applicant shall provide a walkway within the easement area. On the beach the easement shall include the entire sandy beach area between the existing development and mean high tide line. The easement shall not be located closer than 5 feet to an existing structure. The easement shall be recorded free of prior liens except for tax liens and free of prior encumbrances which the Director determines may affect the interest being conveyed. The offer; shall run with the land, binding successors and assigns of the applicant or landowner . The offer of dedication shall be irrevocable for a period of 21 years, such period to run from the date of recording . Prior to issuance of any permit for development, the applicant shall record a document such as a covenant running with the land agreeing for himself and all successors in interest to maintain and otherwise keep open and free from impediments to pedestrian use the accessway along the boardwalk, beach area, and parking. The document shall be recorded free of all prior liens or encumbrances except tax liens and shall bind the applicant, his heirs and successors in interest. B. The Specific Plan Section XII Access shall be modified to require that no facilities or activities shall be permitted within the easement area which could obstruct public access. C . Section XII Access shall require that as a condition of development the applicant shall provide signing of all public accessways, recreation facilities and parking. D. Section XII Access shall be modified to require that as a condition of development the applicant shall execute and record a deed restriction allowing public use of all recreation facilities onsite (excluding private open space area of the residential units) and restricting and signing a minimum of 10 parking spaces for public beach use. r Attachment 1 Page 2 E . Section XII Access shall require that access dedications, deed restrictions, and signing are assured prior to issuance of certificates of use and/or occupancy of the residential structures. F . Section XIV Development Standards shall be modified as follows : In Area A (p. 14) beaches shall be a permitted use. Standards shall prohibit development of structures within easements over the sandy beach. G. As a condition of a Coastal permit on this site, the applicant shall be required to open and maintain accessways and facilities for public use concurrent or prior to iussuance of certificates of use and/or occupancy permits of any residential structure. 074 8d RESOLUTION NO. 5389 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AMENDMENT NO. 1 TO THE HUNTINGTON HARBOUR BAY CLUB SPECIFIC PLAN WHEREAS, the California Coastal Commission has suggested modifications to the Huntington Harbour Bay Club Specific Plan to conform the zoning of the Huntington Beach Coastal Land Use Plan to the California Coastal Act; and After notice duly given pursuant to Government Code sec- tion 65500, the Planning Commission of the City of Huntington Beach held a public hearing on June 6, 1984 to consider pro- posed Amendment No. 1 to the Huntington Harbour Bay Club Specific Plan, and such amendment was recommended to the City Council; and The City Council, after giving notice as prescribed by law, held at least one public hearing on proposed Amendment No. 1 to the Huntington Harbour Bay Club Specific Plan, and the Council finds the proposed modifications to such specific plan necessary in order to conform zoning in the Huntington Beach Coastal Land Use Plan to the requirements of the California Coastal Act , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that Huntington Harbour Bay Club Specific Plan, attached hereto as Exhibit A, and Amendment No. 1 containing the zoning modifications set forth in Attachment 1 hereof, incorporated herein by reference, are hereby adopted. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd A _GCS:ahb 6/6/84 1. day of July , 1984 . ATTEST: APPROVED AS TO FORM: oe— Ci C erk City #ttorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrato rector o Development Services 2. Amendment 1 The HUNTINGTON HARBOUR BAY CLUB SPECIFIC PLAN shall be modified as follows: A. Section XII Access (p. 13) shall be modified to require lateral access dedications as follows: As a condition of new development, the applicant shall cause to be executed and recorded a document, in a form and content approved by the Director of Development Services, irrevocably offering to dedicate an easement for public access and passive recreation along the shoreline and the beach. The easement shall be for the length of the property. Along the bulkhead it shall be measured from the inland edge of the bulkhead a distance of 10 feet and the applicant shall provide a walkway within the easement area. On the beach the easement shall include the entire sandy beach area between the existing development and mean high tide line. The easement shall not be located closer than 5 feet to an existing structure. The easement shall be recorded free of prior liens except for tax liens and free of prior encumbrances which the Director determines may affect the interest being conveyed. The offer shall run with the land, binding successors and assigns of the applicant or landowner. The offer of dedication shall be irrevocable for a period of 21 years, such period to run from the date of recording . Prior to issuance of any permit for development, the applicant shall record a document such as a covenant running with the land agreeing for himself and all successors in interest to maintain and otherwise keep open and free from impediments to pedestrian use the accessway along the boardwalk, beach area, and parking. The document shall be recorded free of all prior liens or encumbrances except tax liens and shall bind the applicant, his heirs and successors in interest. B. The Specific Plan Section XII Access shall be modified to require that no facilities or activities shall be permitted within the easement area which could obstruct public access. C. Section XII Access shall require that as a condition of development the applicant shall provide signing of all public accessways, recreation facilities and parking. D. Section XII Access shall be modified to require that as a condition of development the applicant shall execute and record a deed restriction allowing public use of all recreation facilities onsite (excluding private open space area of the residential units) and restricting and signing a minimum of 10 parking spaces for public beach use. Amendment 1 Page 2 E. Section XII Access shall require that access dedications, deed restrictions, and signing are assured prior to issuance of certificates of use and/or occupancy of the residential structures. F . Section XIV Development Standards shall be modified as follows : In Area A (p. 14) beaches shall be a permitted use. Standards shall prohibit development of structures within easements over the sandy beach. G. As a condition of a Coastal permit on this site, the applicant shall be required to open and maintain accessways and facilities for public use concurrent or prior to issuance of certificates of use and/or occupancy permits of any residential structure. H. Add to page 8 under A, Conditional Use Permit. Prior to the transmittal of a permit, the applicant shall submit to the Director of Development Services a determination from the State Lands Commission that: a) No state lands and/or lands subject to the public trust are involved in the development and all necessary authorizations required by the State Lands Commission have been obtained; or b) State lands and/or lands subject to the public trust are involved in the development and all necessary authorizations required by the State Lands Commission have been obtained; or c) State lands or lands subject to the public trust may be involved in the development, but pending a final determination agreement has been made with the State Lands Commission for the project to proceed without prejudice to that determination. 0748d z. No. 5389 STATE 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 2nd day of July 19 84 by the following vote: AYES: Councilmen: Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic NOES: Councilmen: Nnnp A ABSENT: Councilmen: ThamaS City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California h RESOLUTION NO. 5388 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING MODIFICATIONS TO AREA 2.4 (HUNTINGTON HARBOUR BAY CLUB SITE) OF LAND USE ELEMENT AMENDMENT NO. 82-1 WHEREAS, on February 7, 1983, the City Council adopted Resolution No. 5223, entitled, "A Resolution of the City Council of the City of Huntington Beach Adopting in Part Land Use Element Amendment No. 82-1 to the City' s General Plan; " and On June 5, 1984 , the Planning Commission held a public hearing to consider modifications to Area 2. 4 (Huntington Harbour Bay Club site) of Land Use Element Amendment No. 82-1, and approved recommending such modifications to the City Council ; and The City Council, after giving notice as prescribed by law, held at least one public hearing to consider modifica- tions to Area 2 . 4 (Huntington Harbour Bay Club site) of Land Use Element Amendment No. 82-1, contained in Resolution No. 5223; and At said hearing before the City Council, all persons de- siring to be heard on said modifications 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 California Government Code, commencing with section 65350, that the following modifications to Area 2.4 (Huntington Harbour Bay Club site) of Land Use Element Amendment No. 82-1 are hereby adopted: 1. No more than 1. 9 acres of Area 2. 4 shall be devoted to residential uses, which may include residential parking and resi- �CS:ahb -)/6/84 ')/21/84 1. dential open space. 2. All recreational facilities (excluding the open space requirements for the residential uses) shall be open to the public and public access shall be assured prior to the occu- pancy -of any residential unit. 3. Adequate public access and support facilities including parking shall be provided on site. Prior to the transmittal of a permit, the applicant shall submit to the Director of Development Services a determination from the state Lands Commission that : (a) No state lands and/or lands subject to the public trust are involved in the development and all necessary authori- zations required by the state Lands Commission have been obtained; or (b) State lands and/or lands subject to the public trust are involved in the development and all necessary authorizations required by the state Lands Commission have been obtained; or (c ) State lands or lands subject to the public trust may be involved in the development, but pending a final determina- tion, agreement has been made with the state Lands Commission for the project to proceed without prejudice to that determina- tion. Except as herein modified, all other provisions of Land Use Element Amendment No: 82-1, as adopted by Resolution No. 5223, remain unchanged. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting- thereof held on the 2nd day of July , 1984. ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 2 . REVIEWED AND APPROVED: INITIATED AND APPROVED: ity Administrator )tir�e�ct�orcf Development Services 3 . s. No. 5388 STATE 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 2nd day of July , 1984 by the following vote: AYES: Councilmen: Pattinson. MacAllister, Kelly, Finley, Bailey, Mandic NOES: Councilmen: None ABSENT: Councilmen: Thomas City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ow IN THE Superior Court OF THE TO: y?--01 ►8 STATE OF CALIFORNIA 7 "---------------------- In and for the County of Orange y CITY OF HUNTINGTON BEACH PROOF OF PUBLICATION CITY CLERK PUBLIC HEARING State of California ) _ CountyofOrange )ss' NonCEOFPUELICHEAJUNG AMENDMENT TO AREA 2.4 (HUNTIN('TON RARBOUR APRIL L. ELLIOTT OF That I am and at all times herein mentioned was a citizen of LAND USE ELT82.1 AMIs'NDMENT A2� the'United States,over the age of twenty-one years,and that I NOTICE IS HEREBY GWEN that a am not a art to,nor interested in the above entitled matter; public 6eariiK will f held by the City party Council of the City of Huntington Beach, that I am the principal clerk of the printer of the in the Council Chamber of the Civic Cen- ter,Huntington Beach,at the hour of 7:30 P.M.,or ae soon thareaftor as possible on HUNTINGTON BEACH IND. REV. Monday the 18th day of June,1984.for the purpose of oonsidering an amendment,t a newspaper of general circulation,published in the City of to Area 24 (Huntington Harbour Bay Club)of Land Use,Element Amendment No. 82-1. Such amendment %mind add HUNTINGTON BEACH word'mg adopted by the California Coutat Commission as ougested modi- ficationsCount of Orange and which newspaper is published for the Cota)'to bring the Hunt��nn��ttooa Beach y gP Coasts)La4d Use Plan Amendment into disemination of local news and intelligence of a general charac- conformance with the Coastal Act. ter, and which newspaper at all times herein mentioned had A copy of Amendment to Area 2.4 (Huntington Harbour Bay Club)of Land and still has a bona fide subscription list of paying subscribers, Use Element Amendrent 82-1 is an file .i and which newspaper has been established, printed and pub- in the office ofNvelopmentServices, lished at regular intervals in the said Count of Orange for a All interested ng and ere exprinviess t it g Y g attend said bearing and e:preee their period exceeding one year; that the notice, of which the opinions for or against said.amendment. annexed is a printed copy, has been published in the regular Further inforuation may be obtained tom the Office of the City Cletk, 2000 and entire issue of said newspaper,and not in any supplement Main Street,Huntington Beach,Califor- thereof,on the following dates,to wit: nla•92648-(714)SM-5227• pATFD May 31-1984 CITY OP HUOINGTON BEACH A-Alicia M.Wentworth JUNE 79 1984 — - --- I certify (or declare) under penalty of perjury that the forego- ing is true and correct. Dated at........GARDEN........GROVE................................ California,this .8t h..day of . Y'N.....1984-..... April L. Elliott Signet e e011 Form No.POP 229M REQUEST FOR CITY COUNCIL ACTION 0,V 611'rlk�t Ilea01,0 I 00AeWA4 2 June 4 Date , 1984 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrat r Prepared by: James W. Palin, Director, Development Services e Subject: A RESOLUTION AMENDING RESOLUTION NO. 5223 ADOPT G AREA 2. 4 OF LAND USE ELEMENT AMENDMENT NO. 82-1 Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The resolution would add to the mixed development land use designation for the Huntington Harbour Bay Club wording which was adopted by the California Coastal Commission as suggested modifications to bring the Huntington Beach Coastal Land Use Plan amendment into conformance with the Coastal Act. The Coastal Commission adopted the suggested modifications at their hearing in Los Angeles on April 11, 1984 . If the suggested modifications are incorporated into the General Plan, the Coastal Commission staff could administratively deem the Coastal Land Use Plan Amendment certified. RECOMMENDATION : Adopt the resolution. ANALYSIS : Planning Commission Action: ON MOTION BY MIRJAHANGIR AND SECOND BY ERSKINE RESOLUTION NO. 1320 WAS ADOPTED RECOMMENDING THAT THE CITY COUNCIL AMEND RESOLUTION NO. 5223 ADOPTING AREA 2 .4 OF LAND USE ELEMENT AMENDMENT NO. 82-1 BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN : None The resolution would add the following restrictions to the mixed development land use designation placed on the Huntington Harbour Bay Club Specific Plan by the City Council: PIO 4/81 A. A maximum of 1.9 acres shall be devoted to residential uses including residential parking and residential open space. B. All recreational facilities (excluding the open space requirements for the residential uses) shall be open to the public and public access shall be assured prior to occupancy of any of the residential units. C. Adequate public access and support facilities including parking shall be provided onsite. ENVIRONMENTAL STATUS: On February 7 , 1983, the City Council certified Environmental Impact Report No. 82-3 for the Huntington Harbour Bay Club site. These modifications would not change that project substantially. Section 15067 of the CEQA Guidelines states "where an EIR . . . has been prepared, no additional EIR need be prepared unless : 1) subsequent changes are proposed in the project which will require important revisions of the EIR due to the involvement of new significant environmental impacts not considered in a previous EIR on the project, 2) substantial changes occur with respect to the circumstances under which the project is undertaken, 3) new information of substantial importance to the project becomes available" . Staff has reviewed the findings stated above and determined that a subsequent EIR on the revised plan is not necessary. FUNDING SOURCE : None needed. ALTERNATIVE ACTIONS: 1. Do not adopt the resolution. In this case, the California Coastal Commission will not be able to certify that portion of the City' s Coastal Land Use Plan amendment relating to the Huntington Harbour Bay Club site. 2. Adopt alternative language amending Resolution No. 5223 adopting Area 2.4 of Land Use Element Amendment No. 82-1. In this case, the Coastal Land Use Plan Amendment for the Huntington Harbour Bay Club site will be considered for certification by the California Coastal Commission at a new public hearing. ATTACHMENTS: 1. Planning Commission staff report of June 5, 1984 2. Resolution No. 5223 -2- 6-4-84 - RCA 3. Resolution No. CWT:JWP:JAF :j lm 0760d -3- 6-4-84 - RCA ritington beach development ` srA f f services department REPORT TO: Planning Commission FROM: Development Services DATE : June 5 , 1984 SUBJECT: RESOLUTION NO. 1320 , recommending to the City Council that they amend Resolution No. 5223 adopting Area 2. 4 of Land Use Element Amendment No. 82-1 1.0 SUGGESTED ACTION: After public hearing , adopt Resolution No. 1320 . 2.0 GENERAL INFORMATION : Resolution No. 1320 would add to the mixed development land use designation for the Huntington Harbour Bay Club wording which was adopted by the California Coastal Commission as suggested modifications to bring the Huntington Beach Coastal Land Use Plan amendment into conformance with the Coastal Act. The Coastal Commission adopted the suggested modifications at their hearing in Los Angeles on April 11, 1984. If the suggested modifications are incorporated into the General Plan, the Coastal Commission staff could administratively deem the Coastal Land Use Plan Amendment certified. 3.0 ENVIRONMENTAL STATUS : On February 7 , 1983 , the City Council certified Environmental Impact Report No. 82-3 for the Huntington Harbour Bay Club site. These modifications would not change that project substantially. Section 15067 of the CEQA Guidelines states "where an EIR . . . has been prepared, no additional EIR need be prepared unless: 1) subsequent changes are proposed in the project which will require important revisions of the EIR due to the involvement of new significant environmental impacts not considered in a previous EIR on the project, 2) substantial changes occur with respect to the circumstances under which the project is undertaken, 3) new information of substantial importance to the project becomes available" . Staff has reviewed the findings stated above and determined that a subsequent EIR on the revised plan is not necessary. A-F M-238 4.0 ANALYSIS: The resolution would add the following restrictions to the mixed development land use designation placed on the Huntington Harbour Bay Club Specific Plan by the City Council: A . A maximum of 1.9 acres shall be devoted to residential uses including residential parking and residential open space. B. All recreational facilities (excluding the open space requirements for the residential uses) shall be open to the public and public access shall be assured prior to occupancy of any of the residential units. C . Adequate public access and support facilities including parking shall be provided onsite. 5 .0 RECOMMENDATION : Staff recommends that the Planning Commission adopt Resolution No. 1320 and recommend that the City Council adopt a similar resolution. ATTACHMENT : 1. Staff Report of May 15, 1984 2. Resolution No. 1320 3. Resolution No. 5223 JAF :jlm 0654d/l M i RESOLUTION NO. '5223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BRACH ADOPTING IN PART LAND USE ELE- MENT AMENDMENT NO. 82-1 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 Amend- ment No. 82-1 to the General Plan was held by the Planning Commission on November 16, 1982, and continued to and closed on December 7, 1982, and approved for recommendation to the City Council.; and Thereafter, the City Council after giving notice as pre- scribed by Government Code section 65355, held at least one pub- lic hearing to consider areas 2. 2, 2.4 , 2. 5, and 2.6 of said Land Use Element Amendment No. 82-1 ; and At said hearing before the City Council all persons desiring to be heard on said amendment were heard, NOW, THEREFORE, BE IT RESOLVFD by the City Council of the City of Huntington Beach pursuant to provisions of Title 7, Chapter 3, Article 6 of California Government Code , commencing with section 65350 , that Area 2. 4 of Land Use Element Amendment No. 82-1 to the General Plan, consisting of the following change, is hereby adopted: That 5. 7 acres , located north of Warner Avenue between Sceptre and Edgewater Lanes , be redesignated from open space to mixed development subject to the following conditions : 1 . Only residential and recreational uses are to be permitted. 2. The mixed use designation is to be implemented by a *Am% specific plan. 3hb /25/83 /15/83 1 . RESOLUTION NO. 1320 r-- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, RECOMME - "-''' ING MODIFICATION TO CONDITIONS CONTAINED IN TY COUNCIL RESOLUTION NO . 5223 WHEREAS , the Planning Commission of the ity of Huntingto Beach, California desires to update d refine the Coasta Land Use Plan in keeping with the alifornia Coastal Act, and WIIF.'RI-, S, 1-.he California Coastal C mmi_ssion has adopted suq(Tested modi . ' cations to the Mixed Deve opment land use designation of e Iuntington Harbor Ba Club; NOW, THE FORE, BE IT RESOLV D that the Planning Commission recommen s the following odifications added to the conditions co tained in Cit Council Resol tion No. 5223 for Area 2 . 4 of Land 'se Element endment No. 82- to the General Plan: A. A maximum of 1 . 9 acre sh 1 be deVoPed to resi ntial uses including residen i 1 parkin a resident' 1 open r* space. B. All recreational faci itie (exc ing e pen spa e requirements for the reside tial uses) s 11 be�o to the public and publ c access shall be ure pri to the occupancy of a y of the r idential units C. Adequate public ccess and suppo t facil t s nelu i parking shall b provided onsite. PASSED AND OPTED by the Planning Co mission the City of Huntington ach, California, on the ay of June, 1984 , by he following roll call vote: AYES: NOES: ABSENT: ABSTAIN : ATTEST : J mes W. Palin, Secretary Marcus M. Porter , Chairman v 1 3. The maximum number of units permitted is forty-two ( 42) . 4. The building and open space area must conform to the precise locations specified in attached Exhibits A and B. PASSED- AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of February, 1983. 4t1_.W . Mayor ATTEST: APPROVED AS TO FORM: ew City Clerk City./'At orney L� REVIEWED AND APPROVED: INITIATED AND APPROVED : 7 City Administr for D rect r of Development Services 2. Publish j,,, 7�� A4 NOTICE OF PUBLIC HEARING AMENDMENT TO AREA 2.4 (HUNTINGTON HARBOUR BAY CLUB) OF LAND USE ELEMENT 7MENDMENT 82-1 NOTICE 1S HEREBY GIVEW-that a pu5lic hearing will e 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 the�reafter as possible on Monday the i"d day of r( 19 84. for the purpose of considering an amendment to Area 2.4 (Huntington Harbour. Bay Club) of Land Use Element Amendment No. 82-1 . Such amendment would add wording adopted by the California Coastal Commission as suggested modifications to bring the Huntington Beach Coastal Land Use Plan Amendment into conformance with the Coastal Act. A copy of Amendment to Area 2.4 (Huntington Harbour Bay Club) of Land Use Element Amendment 82-1 is on file in the Office of Development Services. All interested persons are invited to attend said hearing and express their opinions for or against said amendment Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED � ;„4 —�''—B� CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk CA NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING ITEM ��L.l�(..�9� �.(J• TO: CITY CLERK'S OFFICE DATE: FROM: PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE 4(-IIAY OF 4 AP's are attached AP's will follow No AP's t/ Initiated by: Planning Commission Planning Department Petition * Appeal Other Adoption of Environmental Status (x) YES NO Refer to Planning Department - Extension # for itional information. * If appeal, please transmit exact wording to be required in the legal. RESOLUTION NO. 5388 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING MODIFICATIONS TO AREA 2 .4 (HUNTINGTON HARBOUR BAY CLUB SITE) OF LAND USE ELEMENT AMENDMENT NO. 82-1 WHEREAS, on February 7, 1983, the City Council adopted Resolution No. 5223, entitled, "A Resolution of the City Council of the City of Huntington Beach Adopting in Part Land Use Element Amendment No. 82-1 to the City' s General Plan; " and On June 5, 1984 , the Planning Commission held a public hearing to consider modifications to Area 2. 4 (Huntington Harbour Bay Club site) of Land Use Element Amendment No. 82-1, and approved recommending such modifications to the City Council; and The City Council, after giving notice as prescribed by law, held at least one public hearing to consider modifica- tions to Area 2. 4 (Huntington Harbour Bay Club site) of Land Use Element Amendment No. 82-1, contained in Resolution No. 5223; and • At said hearing before the City Council, all persons de- siring to be heard on said modifications 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 California Government Code , commencing with section 65350, that the following modifications to Area 2.4 (Huntington Harbour Bay Club site) of Land Use Element Amendment No. 82-1 are hereby adopted: 1. No more than 1. 9 acres of Area 2. 4 shall be devoted to residential uses, which may include residential parking and resi- A =:ahb 5/6/84 ,/21/84 1. C dential open space. 2. All recreational facilities (excluding the open space requirements for the residential uses) shall be open to the public and public access shall be assured prior to the occu- pancy -of any residential unit. 3. Adequate public access and support facilities including parking shall be provided on site. Prior to the transmittal of a permit, the applicant shall submit to the Director of Development Services a determination from the state Lands Commission that : (a) No state lands and/or lands subject to the public trust are involved in the development and all necessary authori- zations required by the state Lands Commission have been obtained; or (b) State lands and/or lands subject to the public trust are involved in the development and all necessary authorizations required by the state Lands Commission have been obtained; or (c) State lands or lands subject to the public trust may be involved in the development, but pending a final determina- tion, agreement has been made with the state Lands Commission for the project to proceed without prejudice to that determina- tion. Except as herein modified, all other provisions of Land Use Element Amendment No. 82-1, as adopted by Resolution No. 5223, remain unchanged. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of July 1984 . ATTEST: / APPROVED AS TO FORM: c►% ')�- dsez�zqll f City Clerk City Attorney 2 . v REVIEWED AND APPROVED: INITIATED AND APPROVED: ity Administrator Director of Development Services ;d 3 . r 4, No. 5388 Y" STATE 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 2nd day of J(J1y 19_BA_, by the following vote: AYES: Councilmen: Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic NOES: Councilmen: None A ABSENT: Councilmen: Thomas 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. Attest ..... t _ .... 19-- �r City Clerk and Ex-officio Clerk of the City Council of the City of Huntington 13090, Cal. IY•....................aA Deputy , IN THERy Superior Court OF THE STATE OF CALIFORNIA is In and for the County of Orange ®: . CITY OF HUNTINGTON BEACH PROOF OF PUBLICATION CITY CLERK PUBLIC HEARING NOTICE OF P [WARING HUNTn�GTON seActl sABeoua BAY CLUB SPECUW PLAN NOTICE IS HEREBY GIVEN that a California ) puhlic hearing will be held by the City State of County Orange )ss' Council of the City of Huntington Beach, in the Council Chamber of the Civic Cen- ter,Huntington Beach,at the hour of 7:30 P.M.,or as soon thereafter as possible on Monday the 18th day of June,1984.for A PR I L L. ELLIOTT the purpose of considering an amendment to the Huntington Harbour Bay Club That I am and at all times herein mentioned was a citizen of Specific Plan to include wording adopted the United States,over the age of twenty-one ears,and that I SY the CaliforniamodCostal Commission e g Y- Y Suggested modifications to bring the am not a party to,nor interested in the above entitled matter; Huntington Beach Coastal Land Use that I am the principal clerk of the printer of the Plan zoning implementation into con- formance with the Coastal Act. A copy of proposed Amendment to HUNTINGTON BEACH IND. REV. Huntington Beach Harbour Bay Club Specific Plan is on file in the Office of a newspaper of general circulation,published in the City of Development Services All interested persona are invited to attend said hearing and e:prese their opinions for or against said amendment HUNTINGTON BEACH Further information may be obtained Torn the Office of the City Clerk, 2000 County of Orange and which newspaper is published for the Main Street,Huntington Beacb,Califor. disemination of local news and intelligence of a general charac- nia.92648-(714)636.6227. DATED May 41984 ter, and which newspaper at all times herein mentioned had CITY OF HUNTINGTON BEACH and still has a bona fide subscription list of paying subscribers, By.Alicia M.Wentworth and which newspaper has been established, printed and pub- Pub.June 7,19884rk lished at regular intervals in the said County of Orange for a Hunt.Beach Ind.Rev.$$36177 period exceeding one year; that the notice, of which the annexed is a printed copy, has been published in the regular and entire issue of said newspaper,and not in any supplement thereof,on the following dates,to wit: JUNE 79 1984 I certify(or declare) under penalty of perjury that the forego- ing is true and correct. Dated at.....C.ARDFX.GR.OVE......................... 8th J NE 84 California,this ........day of .. .......19........ April L. Elliott 0( . ... ig ture �f Form No.POP 229M huntington beach development services department SrA f f REPORT TO: Planning Commission FROM: Development Services DATE : June 5 , 1984 SUBJECT: RESOLUTION NO. 1319, amending the Huntington Harbour Bay Club Specific Plan 1. 0 SUGGESTED ACTION : After a public hearing , adopt Resolution No. 1319. 2. 0 GENERAL INFORMATION : Resolution No. 1319 would add to the Huntington Harbour Bay Club Specific Plan (Section 969 .9 of Division 9) wording which was adopted by the California Coastal Commission as suggested modifications to d bring the Huntington Beach Coastal Land Use Plan zoning implementation into conformance with the Coastal Act. The Coastal Commission adopted the suggested modifications at their hearing in Los Angeles on April 11, 1984. If the suggested modifications are incorporated into the zoning , the Coastal Commission staff could administratively deem the Huntington Beach Local Coastal Program certified, and the City would receive its coastal permitting authority. Pursuant to Government Code Section 65503 , specific plans may be adopted by resolution through the public hearing process. This was the procedure followed for the Downtown Specific Plan. By adopting the Huntington Harbour Bay Club Specific Plan by resolution at this time, the necessary modifications can be incorporated. 3.0 ENVIRONMENTAL STATUS: On February 7 , 1983 , the City Council certified Environmental Impact Report No. 82-3 for the Huntington Harbour Bay Club site. These modifications would not change that project substantially. Section 15067 of the CEQA Guidelines states "where an EIR . . . has been prepared, no additional EIR need be prepared unless: 1) subsequent changes are proposed in the project which will require Amth� O� s> IMA-F M-23B important revisions of the EIR due to the involvement of new significant environmental impacts not considered in a previous EIR on the project, 2) substantial changes occur with respect to the circumstances under which the project is undertaken, 3) new information of substantial importance to the project becomes available" . Staff has reviewed the findings stated above and determined that a subsequent EIR on the revised plan is not necessary. 4. 0 ANALYSIS: The resolution would add the following conditions to the Huntington Harbour Bay Club Specific Plan and formally adopt the plan: 1. Require the recordation of an offering of a public access easement dedication along the shoreline and on the beach, and recordation of a document running with the land agreeing that the property owner will maintain and keep open the accessway. 2. Provide signing of all public accessways, recreation facilities and parking. 3. Require a deed restriction for public use of all public recreation facilities on site and reservation of ten parking spaces for public beach use. 4 . Prohibit development of structures within easements over the sandy beach. 5. Facilities and easements for public use shall be opened and maintained prior to occupancy of residential structures. 5 .0 RECOMMENDATION : Staff recommends that the Planning Commission adopt Resolution No. 1319 and recommend that the City Council adopt a similar resolution. ATTACHMENT: 1. Staff Report of May 15, 1984 2. Draft changes 3. Resolution No. 1319 4 . Huntington Harbour Bay Club Specific Plan I JAF :jlm 0654d/12 i REQUEST FOR CITY COUNCIL ACTION Date June 4 , 1984 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administr o r �) Prepared b � y� James W. Palin, Director Development Services Subject: A RESOLUTION ADOPTING THE AMENDED HUNTINGTON HARBOUR BAY CLUB*SPECIFIC PLAN 3�s S SqUIR Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments STATEMENT OF ISSUE: The attached resolution would add to the Huntington Harbour Bay Club Specific Plan (Section 969.9 of Division 9) wording which was adopted by the California Coastal Commission as suggested modifications to bring the Huntington Beach Coastal Land Use Plan zoning implementation into conformance with the Coastal Act. The Coastal Commission adopted the suggested modifications at their hearing in Los Angeles on April 11, 1984. If the suggested modifications are incorporated into the zoning , the Coastal Commission staff could administratively deem the Huntington Beach Local Coastal Program certified, and the City would receive its coastal permitting authority. Pursuant to Government Code Section 65503, specific plans may be adopted by resolution through the public hearing process. This was the procedure followed for the Downtown Specific Plan. By adopting the Huntington Harbour Bay Club Specific Plan by resolution at this time, the necessary modifications can be incorporated. RECOMMENDATION: Adopt the attached resolution adopting the amended Huntington Harbour Bay Club Specific Plan. ANALYSIS: Planning Commission Action: ON MOTION BY HIGGINS AND SECOND BY ERSKINE RESOLUTION NO. 1319 WAS ADOPTED BY THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION AMENDING THE HUNTINGTON HARBOUR BAY CLUB SPECIFIC PLAN BY THE FOLLOWING VOTE : PIO 4/81 AYES : Higgins, Winchell, Livengood, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN : None The resolution would add the following conditions to the Huntington Harbour Bay Club Specific Plan and formally adopt the plan: 1. Require the recordation of an offering of a public access easement dedication along the shoreline and on the beach, and recordation of a document running with the land agreeing that the property owner will maintain and keep open the accessway (page 13 XII) . 2. Provide signing of all public accessways, recreation facilities and parking (page 13 XII) . 3. Require a deed restriction for public use of all public recreation facilities on site and reservation of ten parking spaces for public beach use (page 13 XII) . 4. Prohibit development of structures within easements over the sandy beach (page 14 XIV A) . 5. Facilities and easements for public use shall be opened and maintained prior to occupancy of residential structures (page 13 XII) . ENVIRONMENTAL STATUS: On February 7 , 1983 , the City Council certified Environmental Impact Report No. 82-3 for the Huntington Harbour Bay Club site. These modifications would not change that project substantially. Section 15067 of the CEQA Guidelines states "where an EIR . . . has been prepared, no additional EIR need be prepared unless: 1) subsequent changes are proposed in the project which will require important revisions of the EIR due to the involvement of new significant environmental impacts not considered in a previous EIR on the project, 2) substantial changes occur with respect to the circumstances under which the project is undertaken, 3) new information of substantial importance to the project becomes available" . Staff has reviewed the findings stated above and determined that a subsequent EIR on the revised plan is not necessary. FUNDING SOURCE : None needed. -2- 6-4-84 - RCA ALTERNATIVE ACTIONS: 1. Do not adopt the resolution. In this case, the California Coastal Commission will not be able to certify the City' s zoning implementation for the Coastal Land Use Plan. 2. Adopt alternative language amending the Huntington Harbour Specific Plan. In this case, the zoning implementation for the Coastal Land Use Plan will be considered for certification by the California Coastal Commission at a new public hearing. ATTACHMENTS: 1. Planning Commission staff report of June 5, 1984 2. Resolution No. 3. Amendments to the Huntington Harbour Bay Club Specific Plan CWT:JWP:JAF:jlm 0758d -3- 6-4-84 - RCA Publish June 7, 1984 NOTICE OF PUBLIC HEARING AMENDMENT TO HUNTINGTON BEACH HARBOUR BAY CLUB SPECIFIC PLAN 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 7,1n_ P.M. , or as soon thereafter as possible on Monday the 18th day of June , 19 84 . for the purpose of considering an amendment to the Huntington Harbour Bay Club Specific Plan to include wording adopted by the California Coastal Commission as suggested modifications to bring the Huntington Beach Coastal .Land Use Plan zoning implementation into conformance with the Coastal Act. A copy of proposed Amendment to Huntington Beach Harbour Bay Club Specific Plan is on file in the Office of Development Services. All interested persons are invited, to attend said hearing and express their opinions for or against said amendment Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED May 31 . 1984 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk Publish Jung 1, 1984 NOTICE OF PUBLIC HEARING AMENDMENT TO HUNTINGTON BEACH HARBOUR BAY CLUB SPECIFIC PLAN 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 7.3(l P.M. , or as soon thereafter as possible on Monday the 1$th day of June 19 84 . for the purpose of considering an amendment to the Huntington Harbour Bay Club Specific Plan to include wording adopted by the California Coastal Commission as suggested modifications to bring the Huntington Beach Coastal .Land Use Plan zoning implementation into conformance with the Coastal Act. A copy of proposed Amendment to Huntington Beach Harbour Bay Club Specific Plan is on file in the Office of Development Services. All interested persons are invited, to attend said hearing and express their opinions for or against said amendment Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5221 DATED May 31 , 1984 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk LEGAL NOTICE c NOTICE OF PUB IC HEARING TO qjN1 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Flana4nq of the City of Huntington Beach, California, for the purpose of considering R-e�r � �� ing -the Huntington Harbour Bay Club Specific Plan to include wording adopted by the California Coastal Commission as suggested modifications to bring the Huntington Beach Coastal Land Use Plan zoning implementation into conformance with the Coastal Act . Said hearing will be held at the hour of 7 :S0 P.M. , on June, 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 or against the proposed Resolution No . •I-� Further information may be obtained from the City Planning Department. Telephone No. (714) 536-5271 DATED this 9 A 8;-h . day of M , CITY PLANNING COMMISSION By NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING ITEM TO: CITY CLERK'S OFFICE DATE: Ar FROM: PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE AY OF 10 191 y AP's are attached AP's will follow No AP's l/ Initiated by: Planning Commission / Planning Department y Petition * Appeal Other Adoption of Environmental Status (x) t YES NO Refer to Planning Department - Extension for tional information. * If appeal, please transmit exact wording to be required in the legal. Cleo HUNTINGTON HARBOUR BAY CLUB SPECIFIC PLAN HUNTINGTON BEACH DEVELOPMENT SERVICES FEB 171983 P.O. Box 190 Huntington Beach, CA 92648 t TABLE OF CONTENTS February 7, 1983 I. PURPOSE ' II. SPECIFIC PLAN BOUNDARIES III. DEFINITIONS IV. APPLICATION PROCEDURE A. Conditional Use Permit B. Site Plan C. Preliminary Grading Plan Requirements D. Floor and Elevation Plan Requirements E. Tentative Tract Map Requirements F. Statement Requirements V. ACCESS/CIRCULATION VI. TRAFFIC CONTROL VII. RECIPROCAL PARKING VIII. NOISE IX. LANDSCAPE PLAN X. APPEARANCE STANDARDS XI . PIERHEAD LINE XII. PUBLIC ACCESS XIII. ESTABLISHMENT OF DISTRICT AREAS XIV. DEVELOPMENT STANDARDS A. Area A - Recreation/Open Space 1. Uses Permitted 2 . Building Height 3. Setback 4 . Parking 5. Signs B. Area B - Restaurant and Banquet Facilities 1. Uses Permitted 2 . Building Height 3. Setbacks 4 . Parking 5 . Signs C. Area C - Public Marina 1. Uses Permitted 2 . Parking 3. Pump-out Facilities 4 . Live Aboard Prohibited 5 . Small Boat Launch D. Area D - Residential 1. Uses Permitted 2. Building Height 3. Building Bulk 4 . Site Coverage, Setbacks, and Open Space Requirements t D. Area D - Residential (Cont'd) 5. Private Open Space 6 . Minimum Floor Area •7. Private Access Ways 8. Parking 9 . Landscaping 10 . Address Signs 11. Cable T.V. 12. Fire Hydrant System 13. Fire Protection 14. Laundry Areas 15. Lighting 16 . Private Storage Space 17. Sewer and Water Systems 18. Signs 19. Street Signs 20 . Street Trees 21. Trash Collection Areas 22. Vehicular Storage 23. Common Areas XV. HOMEOWNERS ' OR COMMUNITY ASSOCIATION XVI. APPROVAL PERIOD f Y . HUNTINGTON HARBOUR BAY CLUB SPECIFIC PLAN I. PURPOSE - The purpose of this Specific Plan is to permit a mix of open space and recreational uses , commercial uses, residential uses, a public marina, parking, and uses incidental to these activities within the area herein referred to as the Huntington Harbour Bay Club. There are several constraints affecting development of this property. They are: A. The property consists of 5. 33 acres of land, plus a public marina. Approximately three ( 3) acres of this property is 100 feet to 115 feet wide, which imposes a severe constraint on development. B. The City has expressed a desire to have a public walkway adjacent to the bulkhead, thereby further restricting the developable width of the property. The Specific Plan process provides a means of addressing these constraints by setting forth standards for development. 2 A Specific Plan includes policies and descriptive maps which are more detailed than the General Plan, but do not include detail found in an application for a specific development proposal. The Huntington Harbour Bay Club Specific Plan is designed to meet the planning requirements of the Land Use Element of the General Plan. It is intended to serve as a general set of conditions and regulations that will promote the orderly develop- ment of the property, while providing sufficient flexibility to permit design creativity. 3 II . SPECIFIC PLAN BOUNDARIES - The Huntington Harbour Bay Club Specific Plan encompasses that area delineated on the map in subsection (a) hereof and described in subsection (b) hereof. (a) Area Map J _ o r in_l I I r ii.ii},i:ii:�:ii':•i.i:iiiiii: `I Ir7I�1 7I Imo' .;�t.}}?:;'.••{ �' Y � - 11�y-�- �::�:::�::•:::•:;,;;:iii:<ii ::;; SOU _ WARNER z AVE. �L� (b) Legal Description - The Huntington Harbour Bay Club Specific Plan includes the real property described as follows : Parcel 1 Lot 174 , Tract No. 4880 , as shown on a map recorded in Book 172, Pages 12 to 19 inclusive of Miscellaneous Maps , Records of Orange County, California. Excepting therefrom that portion included within Lot 3, Tract No. 5775, as shown on a map recorded in Book 210, Pages 11 and 12 of Miscellaneous Maps , Records of Orange County, California. 4 Parcel 2 That portion of the northwest quarter of Section 29 , Township 5 south, Range 11 west, in the Rancho La Bolsa Chica, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps , Records of Orange County, California, described as : Beginning at an angle point in the boundary line of Tract No. 5775, as shown on a map recorded in Book 2101 Pages 11 and 12 of Miscellaneous Maps, Records of Orange County, said angle point being the intersection of the northerly line of Warner Avenue with the westerly line of Tract No. 4880 , as shown on a map recorded in Book 172, Pages 12 to 19 inclusive of Miscellaneous Maps, Records of said Orange County; thence along the boundary line of said Tract No. 5775, south 89 degrees 51 ' 53" west 105 . 00 feet to the beginning of a tangent curve concave northeasterly having a radius of 15. 00 feet; thence northwesterly along said curve, and continuing along said boundary line, through a central angle of 90 degrees 00 ' 00" an arc distance of 23. 56 feet; thence north 00 degrees 08 ' 07" west 305. 00 feet and north 89 degrees 51 ' 53" east 120 . 00 feet to said westerly line of Tract No. 4880 ; thence along said westerly line south 00 degrees 08 ' 07" east 320. 00 feet to the point of beginning. PARCEL 3 Lot B, Tract No. 4880 , as shown on a map recorded in Book 172, Pages 12 to 19 inclusive of Miscellaneous Maps , Records of Orange County, California. 5 Parcel 3 (cont' d) Excepting therefrom that portion included within Lots A and B of Tract No. 5775 , as shown on a map recorded in Book 210 , Pages 11 and 12 of Miscellaneous Maps, Records of Orange County, California. Parcel 4 That portion of Lot 3 of Tract No. 5775, as shown on a map recorded in Book 210 , Pages 11 and 12 of Miscellaneous Maps , Records of Orange County, California. Beginning at the northeast corner of Lot 3 of said Tract; thence along the easterly line of said Lot 3, south 00 degrees 08 ' 07" east 50 . 00 feet; thence continuing along the line of said Lot 3, north 8-9 degrees 51' 53" east 14 . 04 feet; thence continuing along the line of said Lot 3, south 00 degrees 08 ' 07" east 70 . 00 feet; thence continuing along said lot line south 89 degrees 51 ' 53" west 53. 00 feet; thence leaving said lot line north 00 degrees 08 ' 07" west 120 . 00 feet to the northerly line of said Lot 3; thence along said northerly line north 89 degrees 51' 53" east 38. 96 feet to the point of beginning. 6 III. DEFINITIONS - The following definitions -shall apply to the Huntington Harbour Bay Club Specific Plan. Terms not described under this section shall be subject to the definitions contained in Article 970 of the Huntington Beach Municipal Code. A. • Bulkhead Line - is the line or point where the outer portion of the bulkhead meets the water. B. Grade (Adjacent Ground Elevation) - is the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building. C. Height of Building - is the vertical distance above the sidewalk adjacent to the bulkhead measured to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the highest point of a pitched or hipped roof. 7 D. Pierhead Line - The line between the bulkhead and the waterway which separates the area open for navigation from the area extending outward from the bulkhead in which only the mooring and docking of vessels is permitted. E. Specific Plan - shall mean the Huntington Harbour. Bay Club Specific Plan as adopted by the City Council of the City of Huntington Beach. 8 IV. APPLICATIuN PROCEDURE - Any request for a development proposal shall be accompanied by an application for a Conditional Use Permit. Any request for subdivision or resubdivision of any parcel shall also be accompanied by a Tentative Tract Map. Such applications shall include preliminary site plans, grading plans , floor and elevation plans , and a statement of statistics . All plans shall be submitted concurrently and shall meet the following requirements. A. Conditional Use Permit - Any proposed development within the Specific Plan area shall be subject to the approval of a conditional use permit as provided in Article 984 of the Huntington Beach Ordinance Code. B. Site Plan - Site plans shall include the following : 1. Location of all proposed structures; 2. Preliminary landscaping proposals showing the location, and type of plant materials; 3. Location of pedestrian walkways; 4 . Circulation pattern of vehicular traffic; 5. Structural street sections of all access ways; 6 . Type and location of outside lighting; 7. Size and location of maintenance and storage facilities; 8. Type, size and location of trash areas; 9 . Size and location of private space areas; 10 . Use of common open space areas; 11. Type and location of all vehicle parking; 9 12. Type and location of fences and signs ; and 13. Layout showing proposed sewage and water facilities . C. Preliminary Grading Plan Requirements - Preliminary grading plans shall indicate the following: 1. A full inventory of the natural features of the site, including all trees exceeding a diameter of six (6) inches; 2. Preliminary soils report and chemical analysis of existing soils conditions ; 3. Cut and fill proposed on the site; 4 . Proposed surface drainage of the site; S. Ground floor elevations of all proposed structures ; 6 . Differences in finished grades on the site and those grades on abutting property; 7 . Underground services ; and 8. Statement on quantity of excavated material. D. Floor and Elevation Plan Requirements - Floor and elevation plans shall indicate the following: 1. Proposed exterior materials to be used on all structures; 2. Colors of all exterior materials; 3. Height of all buildings and/or structures ; and 4. Energy sources proposed for heating and cooling of all buildings. • 10 E. Tentative Tract Map Requirements - Tentative tract maps shall indicate the following : 1. Sufficient description to define the location and boundaries of the proposed subdivision; 2. Existing natural topography with contours at intervals of two (2) feet up to five (5) percent grade, five (5) feet up to ten (10) percent grade, and ten (10) feet over ten (10) percent grade; 3. Locations, names , widths , an& approximate grades of all streets within or adjacent to the proposed subdivision; 4. Approximate layout and number of each lot proposed and all dimensions. o.f_ each said lot; 5 . Outlines of all existing buildings on subject site; 6 . Areas of property subject to inundation or storm water overflow and location, width, and direction of flow of all watercourses; 7. Location, width, and- purpose of all existing and/or proposed easements on or contiguous to the subdivision; and 8. Typical street section. F. Statement Requirements - A detailed statement shall also be included containing the following information: 1. Distance from the property to any known geological hazard; 2 . Gross area within the blue line border (area boundary) of the tentative map; 3. Net lot area (i.e. gross area minus all public and private streets and/or driveways , and waterways) ; 4 . Number and type of units and number of bedrooms; 5 . Total number of units and bedrooms per gross acre; 6. Floor area of each unit; 7. Area and minimum dimensions of private patios (open space) and balconies; 8. Percentage of site coverage by all buildings; 9 . Number and type of covered parking spaces; 10. Number of open parking spaces; f . 11 11. Amount of usable common open and recreational space provided, using regulations set forth in this article; 12 . Types of recreation facilities proposed; and 13. Schedule and sequence of development if proposed in phases . G. -Development Agreement - A Preliminary Development Agreement shall be filed concurrently with the applications for a Conditional Use Permit and Tentative Tract Map. Said Development Agreement shall establish phases for development and coordinate major development activities . The public hearings for the Development Agreement shall be held concurrently with the public hearings for the Conditional Use Permit and Tentative Tract Map. V. ACCESS/CIRCULATION - Ingress and egress to and from the site shall be provided at the locations shown on Exhibit A. All internal streets and drives shall be privately owned and maintained. The standards for such streets and drives, including width and construction, shall meet the requirements of the Director of Public Works, and conform to the requirements of this Article. VI. TRAFFIC CONTROL - The Planning Commission shall determine the need for traffic control devices (i. e. traffic signals) . Such determination shall include the appropriate time of installation. The developer shall pay the entire cost of installing traffic control devices. The developer shall provide for the future installation of any such improvements prior to issuance of building permits. IN . EOCElf�,sl6.e - v Aw ♦ o plEP./F.� L.%C/� ioo lt5 -625 r N � � m % "Weill" Ig eoz .9ct''�3�' �O/.!/T.S �.�E' .q���-t✓�1.�T�' .��� �U�� ,Bf'fi�lizE� i2 • VII . RECIPROC PARKING - In order to ni ide for efficient use of the parking facilities within Areas A and B, and to permit flexibility in site layout and design, the required parking for one area may be satisfied within another area, provided a recipro- cal parking agreement between each area is executed, and the total. number of required parking spaces are provided. VIII. NOISE - Prior to the issuance of byilding permits for residential development, a noise study conducted by an acoustical engineer to determine existing ambient noise levels on Warner Avenue, shall be submitted to the Development Services Department for review and approval. Structural designs for proposed residen- tial units shall be reviewed, and design modifications recommended in the noise study shall be incorporated into the project design. IX. LANDSCAPE PLAN - A preliminary landscape plan shall be submitted along with the Conditional Use Permit application. Said plan shall include provisions to provide a buffer between the Huntington Harbour Bay Club and adjacent uses . X. APPEARANCE STANDARDS - The following standards shall be considered by the Planning Commission when reviewing a develop- ment proposal : A. Architectural features and general appearance of the proposed development shall enhance the orderly and harmonious development of the area or the community as a whole. B. Architectural features and complementary colors shall be incorporated into the design of all vertical exterior surfaces of the buildings in order to create an aesthetically pleasing project. C. Particular attention shall be given to incorporating the design of signs , including colors of signs , into the overall design of the entire development in order to achieve conformity. • 13 D. Vehicular access ways shall be designed with land- scaping and building variation to eliminate an alley-like appearance. XI . PIERHEAD LINE - For a residential project within Area D, the pierhead line within Lot "B" of Tract 4880 shall be established pursuant to Exhibit "A" . XII. PUBLIC ACCESS/WALKWAY - The owner/developer shall provide a public walkway or make an irrevocable offer to dedicate a ten (10) foot wide easement for public access along the bulkhead as shown on Exhibit "A" . Such public walkways shall be maintained jointly by the Homeowners ' Association and the Huntington Harbour Bay Club. Provisions shall be made to permit construction and/or installation of utilities and/or facilities that serve the public marina within the walking easement. Provisions shall also be made to permit use of the walkway for activities relating to the public marina, as long as such activities do not interfere with the main purpose of the walkway. XIII. ESTABLISHMENT OF DISTRICT AREAS - The configuration of the property for which this Specific Plan is prepared is such -that there are four (4) distinct areas. These areas are delineated on the Specific Plan Map shown on Exhibit "A" . A descriptive of development standards for these areas are included in the sections that follow. XIV. DEVELOPMENT STANDARDS - Proposed development within the Huntington Harbour Bay Club Specific Plan shall comply with the following standards : 14 A. Area A - Recreation/Open Space 1. Uses Permitted - Recreation and Open Space uses including: racquet and tennis clubs, recreation centers , swimming pools , clubhouse facilities, similar 'recreation facilities, and incidental structures. 2. Building Height - The maximum building height shall not exceed thirty (30) feet, except that any building located within fifty (50) feet of property that is General Planned or zoned for residential use shall not exceed fifteen (15) feet in height. 3. Setback - The minimum setback from any exterior property lines shall be twenty-five (25) feet. Such setback shall not apply to fencing, tennis courts and related fencing and semi-subterranean parking structures. This section shall not apply to existing structures. 4 . Parking - Parking for uses within Area A shall conform to Article 979. The access, dimensions, landscaping, and turning radii for all parking shall also conform to the provisions of Article 979 . 5 . Signs - All signs shall conform to the require- ments of Article 976 Sign Code. 15 B. Area B - Restaurant and Banquet Facilities 1. Uses Permitted - Public and/or private restaurants and banquet facilities and related activities. 2. Building Height - The building height shall not exceed forty-five (45) feet, except that any building located within fifty (50) feet of property that is General Planned or zoned for residential use shall not exceed fifteen (15) feet in height. 3. Setbacks - The minimum setback from any exterior property line, shall be twenty-five (25) feet. This section shall not apply to existing structures. 4 . Parking - Parking for the restaurant and banquet facilities shall be as follows : (a) One (1) space per table and/or booth; (b) One (1) space for each five (5) fixed seats; (c) One (1) space for each thirty-five (35) square feet of gross floor area where there are no fixed seats . The access, dimensions, landscape provisions, and turning radii for all parking shall conform to the provisions of Article 979 . 5. Signs - All signs shall conform to the require- ments of Article 976 Sign Code. ,. 16 C. Area C - Public Marina 1. Uses Permitted - Public marinas , parking, and related facilities . 2 . Parking - Parking shall be provid-ed at a ratio of three (3) spaces for each four (4) boat slips (0. 75 spaces per slip) . The access, dimensions , landscape provisions and turning radii for all parking shall conform to the provisions of Article 979 . Vehicular access from the parking lot to Edgewater Lane shall be prohibited. To assure compliance with this requirement, vehicular access rights to Edgewater Lane shall be dedicated to the City of Huntington Beach. 3. Pump-out Facilities - A pump-out system shall be installed to accommodate the total number of boat slips that can be docked within the public marina. The type and adequacy of such facilities shall be approved by the Department of Public Works. 4 . Live Aboard Prohibited - Living aboard boats docked or moored at the public marina shall be prohibited. To assure compliance with this requirement, the owner or operator of the public marina shall provide a clause within each lease agreement prohibiting living aboard any boat, docked or moored, at the public marina. 17 D. Area D - Residential 1. Uses Permitted - A maximum of forty-two (42) attached residential units and related recreational facilities . 2 . Building Height - The maximum building height shall not exceed three (3) stories or forty-five (45) feet. 3. Building Bulk - The following design standards are recommended for controlling building bulk. (a) Building exteriors shall be provided with offsets in the building line to provide variation; and (b) Building rooflines shall be designed so as to provide variation; and (c) Structures having dwelling units attached side by side shall not be composed of more than six (6) dwelling units on any one level. 4 . Site Coverage, Setbacks , and Open Space Requirements - No buildings shall be constructed outside the building envelopes shown on Exhibit B. The setbacks of such buildings shall also conform to the setbacks of the building _ envelopes. All areas that are not within the building envelopes and are not paved for access or parking, shall be landscaped and maintained as permanent open space. (a) The common open space areas shall be designed and located for maximum use by all residents of the project. (b) Such areas shall be fully improved. Improvements may include paved surfaces, landscaped areas , water features , and recreational facilities , not to include fully enclosed structures. i' N � � I xof w , n� .�r�"• �E,.�-�E.v�iovs ro.� .B1i��A-.�c�G' E.vrt�'a-�" �-r/� .C/.!i'.4c���G'O liOdf/ S/7� �L.¢.C��¢fs.G�O✓�9� �l//G.O�,�/C' • 18 (67 Active recreation areas -nall not be located within ten ( 10) feet of any ground floor dwelling unit wall having a door or window. (d) At least one (1) main recreational area shall be provided, and two (2) or more of the following recreational activities shall be provided within the main recreational area: swimming pool, spa, sauna, tennis court, basketball court, putting green, playground equipment, volleyball court, lawn bowling, outdoor cooking facility, or similar facilities . 5 . Private Open Space - Private open space areas , in the form of patios or balconies shall be provided for each unit. Such areas shall be located adjacent to the unit they are intended to serve. The minimum size of such patios or balconies shall meet the following standards. (a) Where patios are provided, the minimum areas shall be as follows : Minimum Area** Minimum Unit Type (Sq. Ft. ) Dimension (Ft. ) Efficiency/or one (1) bedroom 120 10 Two (2) bedrooms 200 10 Three (3) or more bedrooms 300 10 ** This area may be divided into two (2) separate areas; however, neither area shall contain less than sixty (60) square feet. 19 (b) Where balconies are provided, the minimum area shall be as follows : Minimum Area Minimum Unit Type (Sq. Ft. ) Dimension (Ft. ) Efficiency/or one (1) bedroom 60 6 Two (2) , three (3) or , four (4) bedrooms 120 6 (c) Two story units which are provided with a patio at the lower level are permitted a ten percent (100) reduction in the patio area requirement if a balcony having a minimum area of sixty (60) square feet is provided. Balconies which serve as entrances or exits shall not satisfy this require- ment except where entrances or exits are for the sole use of a particular unit. 6. Minimum Floor Area - Each dwelling within the development shall have the following minimum floor area: Minimum Floor Unit Type Area (Sq. Ft. ) Efficiency 550 One ( 1) Bedroom 750 Two (2) Bedrooms 1200 Three (3) Bedrooms 1300 7 . Private Access Ways - The following standards shall apply to all private vehicular access ways . e . 20 (a) Private ways serving as access shall be provided with a minimum paved width equivalent to not less than two (2) twelve (12) foot wide travel lanes , not including curb and gutter. (b) Access ways exceeding one hundred fifty (150) feet in length, but less than three hundred (300) feet in length, shall be provided with a curbed turn-around having a minimum radius of thirty-one (31) feet or a "Hammerhead" turn- around per Fire Department standards; (c) Access ways exceeding three hundred (300) feet, in length, but less than six hundred (600) feet in length, shall be provided with a curbed turn-around having a minimum radius of forty (40) feet, a "Hammerhead" turn-around per Fire Department standards , or an intertying loop circulation system; (d) Access ways exceeding six hundred (600) feet in length shall be provided with an intertying loop circula- tion system; a turn-around meeting the requirements of the Fire Department may be permitted where a loop system is impractical; (e) Exceptions to the above standards may be granted by the Planning Commission upon recommendation of the Department of Development Services and Fire Department. 8. Parking - Parking for units within Area D shall be provided at the following ratio. 21 (a) Efficiency and one ( 1) bedroom units shall be provided with two (2) on-site parking spaces . (b) Dwelling units with two (2) or more bedrooms shall be provided with two and one-half (22) on-site parking spaces . ( c) At least one (1) parking space per unit shall be covered. The remaining spaces may be open. (d) All parking spaces required by this section shall be distributed at convenient locations to serve both residents and guests . (e) All required covered parking shall be located within two hundred (200) feet of the dwelling unit it is designed to serve. ( f) Any allocation for compact car parking spaces shall be determined through the Conditional Use Permit ' process . 22 (g) The access , dimensions , and turning radii for all parking shall conform to the provisions of Article 979 . 9 . Landscaping - The purpose of this section is to insure a more pleasant living environment through the use of plans and decorative design elements. (a) All setback areas fronting on or visible from an adjacent public street, and all recreation, leisure and open areas shall be landscaped and permanently maintained in an attractive manner. (b) Permanent irrigation facilities shall be provided in all landscaped areas. (c) one (1) thirty (30) inch box tree, or equivalent, shall be provided on-site for each residential unit. Seventy-five percent (750) of the total requirement shall be thirty (30) inch box trees. The remaining twenty-five percent (250) of such requirement may be provided at a ratio of one (1) inch for (1) inch through the use of twenty (20) or twenty-four (24) inch box trees. Additional trees and shrubs shall also be planted to provide a well balanced landscaped development. (d) A landscape and irrigation plan shall be submitted to the Department of Development Services for approval prior to the issuance of building permits. • r 23 10. Address Signs - The placement of address numbers shall be at a uniform location throughout the development, and the placement of such numbers shall be approved by the Department of bevelopment Services. 11. Cable T.V. - No exterior television antenna shall be permitted. A common antenna with underground cable service to all dwelling units shall be provided. 12. Fire Hydrant System - A fire hydrant system shall be installed to provide an adequate fire flow. The adequacy of such system shall be approved by the fire marshal after review of plans and engineering calculations have been submitted. Plans shall be submitted and approved prior to the insurance of building permits, and the fire hydrant system shall be in operation prior to the time of construction with any combustible materials . 13. Fire Protection - All fire protection appliances, appurtenances, emergency access and other applicable requirements pursuant to Chapter 17. 56 of the Huntington Beach Municipal Code shall meet the standard plans and specifications on file with the Fire Department. 14. Laundry Areas - Laundry areas shall be located within individual dwelling units. 24 y 15. Lighting - The developer shall install an on site lighting system on all vehicular access ways and along major walkways. A lighting plan shall be submitted for approval to the Director of Development Services. Such lighting shall be energy efficient and shall be directed onto driveways and walkways within the development and away from adjacent properties . Lighting shall also be installed within all covered and enclosed parking areas. 16. Private Storage Space - Where the proposed development is to be constructed with other than an attached garage for each dwelling unit, a minimum of one hundred (100) cubic feet of storage space shall be provided for each dwelling unit. 17. Sewer and Water Systems - Sewer and water systems shall be designed to City standards. Such systems - shall be located within streets , alleys or drives . In no case shall individual sewer lines or sewer mains for one building be permitted to extend underneath any other building. 18. Signs - All signs in the development shall conform to applicable provisions of Article 976. 19. Street Signs - The developer shall install on-site street name signs at the intersections of access ways, as approved by the Director of Public Works. Street names and signs shall be approved by the Fire Department. G • 25 t • w 20. Street Trees - Street trees along Warner Avenue shall be provided pursuant to City standards with twenty (20) inch box trees planted at approximately forty-five (45) foot intervals. A plan showing the type and placement of such trees shall be approved by the Department of Public Work5 'and the Department of Development Services. An equivalent alternative to this basic requirement may be permitted subject to the approval of the Department of Development Services. . 21. Trash Collection Areas - Trash collection areas shall be provided within two hundred (200) feet of the units they are to serve. Such areas shall be enclosed or screened, and shall be situated in order to minimize noise and visual intrusion on adjacent property as well as to eliminate fire hazards to adjacent structures. Individual trash collection shall be permitted where the intent of this section is met. 22 . Vehicular Storage - Outside uncovered and . unenclosed areas for storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited, unless specifically designated areas for the exclusive storage of such vehicles are set aside on the final development plan and provided for in the association' s covenants, conditions, and restrictions . Where such areas are provided, they shall be screened from view on a horizontal plane from adjacent areas by a combination of six (6) foot high masonry wall or permanently maintained landscaping. 26 23. Common Areas - Common open space shall be guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of. residents of the development. The developer shall file with the Department of Development Services for recordation with the final subdivision map, legal documents which will provide for restricting the use of common spaces for the designated purpose, as approved on the final development. plan. All lands to be conveyed to the homeowner' s association shall be subject to the right of the grantee or grantees to enforce maintenance and improvements of the common space. XV. HOMEOWNERS ' OR COMMUNITY ASSOCIATION - Approval of all development proposals shall be subject to submission of a legal instrument or instruments setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas, and community facilities. No such instrument shall be acceptable until approved by the City Attorney as to legal form and effect, and by the Director of Development Services as to suitability for the proposed use of the open space areas . If the common open spaces are to be conveyed to a homeowners ' association, the developer shall file a Declaration of Covenants to be submitted with the application for approval, that will govern the association. 27 A. The homeowners ' association shall be established prior to the sale of the last dwelling unit. B. Membership shall be mandatory for each buyer and any successive buyer. C. The open space restrictions shall be permanent. D. Provisions to prohibit parking upon other than approved and developed parking spaces shall be written into the covenants, conditions, and restrictions for each project. E. If the development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions, and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed, and embody one homeowners' association with common areas for the total development. XVI. APPROVAL PERIOD - Notwithstanding the provisions of Article 984, Conditional Use Permits, each Conditional Use Permit authorized under this Article shall become null and void within two (2) years, unless a final tract map has been recorded with the County Recorder's Office on any portion of the approved plans within such two (2) year period. Extensions of time may be granted pursuant to the provisions for extending approval of the tentative tract map. r - ka3 1 ORDINANCE NO. 2605 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF- AND DISTRICT MAP 34 TO INCORPORATE HUNTINGTON" HARBOR BAY CLUB SPECIFIC PLAN (ZONE CASE NO. 82-16) WHEREAS , pursuant to the state Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington' Beach City Council have had separate public hearings relative to Zone Case No. 82-16 wherein both bodies have carefully considered all information presented at said hearings , and after die considera- tion of the findings and recommendations of the Planning Commission and all evidence presented to said City Council, the City Council finds that such zone change is proper, and consistent with the general plan, 7 NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The following described real property, generally located north of Warner Avenue between Sceptre and Edgewater Lanes , is hereby changed from ROS, "Recreational Open Space" and R1, "Low Density Residential District" to "Huntington Harbor Bay Club Specific Plan:" PARCEL 1: Lot 174, Tract No. 4880, as shown on a map recorded in Book 172, pages 12 to 19 in- clusive of Miscellaneous Maps, Records of Orange County, California. Excepting therefrom that portion included within Lot 3, Tract No. 5775, as shown on a map recorded in Book 210, pages 11 and 12 of Miscellaneous Maps, Records of Orange County, California. PARCEL 2: That portion of the northwest quarter of Section 299 Township 5 South, Range 11 West in the Rancho La Bolsa Chica, as shown on a map ahb 1/26/83 (2) 1 . } .,, recorded in Book 519 page 13 of Miscellaneous Maps, Records of Orange County, California de- scribed as: Beginning at an angle point in the boundary line of Tract No. 5775 as shown on a map recorded in Book 210, pages 11 and 12 of Miscellaneous Maps, Records of Orange County, said angle point being the intersection of the northerly line of Warner Avenue with the westerly line of Tract No. 4880, as shown on a map recorded in Book 172, pages 12 to 19 inclusive of Miscellaneous Mips, Records of said Orange County; thence along the boundary line of said Tract No. ,5775, south 89051153" west 105.00 feet to the beginning of a tangent curve concave northeasterly having a radius of 15.00 feet; thence northwesterly along said curve, and continuing along said boundary line, through a central angle of ,90000100" an are distance of 23. 56 feet; thence north 00°08'07" west 305.00 feet and north 89051153" east 120.00 feet to said westerly line of Tract No. 4880; thence along said westerly line south 00008'07" east 320.00 feet to the point of beginning. PARCEL : Lot B, Tract No. 4880, as shown on a map recorded in Book 172, pages 12 to 19 inclusive I- .-� of Miscellaneous Maps, Records of Orange County, California. Excepting therefrom that portion included within Lots A and B of Tract No. 5775 as shown on a map recorded in Book 210, pages 11 and 12 of Miscellaneous Maps, Records of Orange County, California. PARCEL : That portion of Lot 3 of Tract No. 5775, as shown on a map recorded in Book 210, pages 11 and 12 of Miscellaneous Maps, Records of Orange County, California. Beginning at the northeast corner of Lot.- 3 of said tract; thence along the easterly line of said Lot 3, south 00008107" east 50.00 feet; thence continuing along the line of said Lot 3, north 89051153" east 14.04 feet; thence continuing along the line of said Lot 3, south 00008,07" east 70.00 feet; thence continuing along said lot lino south 89051153" west 53.00 feet; ',.,I thence leaving said lot line north 00008,07" �J 2. west 120. 00 feet to the northerly line of said Lot 3; thence along said northerly line north 89*5115311 east 38.96 feet to the point of beginning. SECTION 2. The Development Services Director is hereby di- rected to amend Section 9061, District Map 34 (Sectional District Map 29-5-11) to reflect Zone Case No. 82-16, described in Sec- tion 1 hereof. A ' copy of said district map, as amended hereby is avhilable for inspection in the office of the City Clerk. SECTION 3. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City' of Huntington Beach At a regular meeting thereof held on the 22nd day of February , 1983. . Woo Mayor ATTEST: APPROVED AS TO PORM: 1-4 City C er C ty t ey ~— REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administratol, rector bf Mvelopment Services 3. 'LANNING ZONING DM 34 SECTIONAL DISTRICT MAP 29-5-11 KKr .a' r ` NOTt' -- CITY OF ��. .e..�.. ADO►'7t0 wlllll to IMO •.r.rM. ro r..rw .e•w u•r. CITY COUNCIL O14NIA4! NO Nta � Np• A1M NOtO ffiN4 !li�4l4. .1lw4� Q YIa.not, waw.n ew..c. w HUNTINGTON BEACH e1•N-eA •T. ® T••rNra. uwm"'.-C, w 11-N-.t ql� uw.rs w "ftll..wv w..wtt von. t•.- 1-0 pt~6W� n-W ye IIN w.we a.r.e.w•. ORANGE COUNTY CALIFORNIA ' �'° '°" 7-17-11 Nt. @MOWN.. "L.m IYeN.r.rl 1q.ar. •-to-71 lose ..o1NAnarr ew.eNNn aN...t. AMENDED BY ZONE CASE: t-tt-Tt ntt .wan i..e....u..e..a.» 132.490,My.N-10.10-..71-•.71-tOM.71-A.17-ts,nA70•].e.rAtt.1,77•IR77-M,7°1. 2 -24-79 ♦7. n 1 J J nIIw � =*MR AVE I t /rc 11 > \\r R3 ` R3 R3 r R I RI R� R3 C4 fillR R2 R3-19 ^r....R RI son" No ' IVVIIF A Rr Mr i RI RI R3 At AOM RI: RI CF—R R I RI RI r• RI R4S ROS- RI RI RI WARNER AVE. Rt man aI G Nc£� ' O ZC82-t � . No. 2605 STATE 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 the said City, do hereby certify that the whole number of membere of the City Council of the City of Huntington Beach is seven; thai the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 7th day of February 19_B3_, and was again read to said City Council at a regular meeting thereof held on the 22nd day of February , 19 83 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Pattinson, MacAllister, Mandic, Kelly NOES: Councilmen: Thomas, Finley, Bailey ABSENT: Councilmen: None yfJ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California