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HomeMy WebLinkAboutZone Change 83-12 - Conditional Use Permit 83-6 - W&B Builde r ur rttts `superior Court w IM S:'AU OE'CA I.iFORNIA In and fat;he County of Orange CITY Or HUNTINGTON 13EACH9 CITY CLERK hnrinf! 83-12 State of California ) County of Orange )t`a � ' K MM 10*0 i-��IiHY�U� oTtrts is t Rita J. Ric;lter tC,�u,dt.rtt CitedH That; cmand at ail times herein mentioned was a citizen of ;In ibr C4 ,-,4 Chambv ar the United States,over the q-:of twenty-one years,and that I ,pyf nsoA"t am not a party to,nor interested in the above entitled mattet; '% r td''nA alt ..1" that 1 tim the principal clerk of the printer of the fo ea p P p ��I}y•h�c+tt�t�l�'r���t�rriaF �ralod HUNTINGTON BEACH IND. REVIEW Fkal rta•t t .Ilk d newspaper of general ci►culetinn, puldished in the City of % W rt w neI td). HUNTINGTON BEACH .raK t N$" 41 ttpls<sr,1bte;4•: Cu•.enty of Orange and which newspaper Is publisher! for the , . e,,•;f disetainatinn of local news and intelligence of a general charac- ter, ruend'.Wtt����; es herein mentioned had ftic i".Irr'1�$44 wati; . and which newspaper nt all times I 1 h !� i paying subscribers, t M- M & , -rtd still has a bona fide subscript on Ilat o[ apasMtet► *Ad which newspaper has been est4blished, printed and pub- !roes:t»:;Oi�ed tbr. lishri at re ulna intervals in the said County of Orange for Mon'gam'K 6 itst4li,t7ldl�,.' !. r. d exctei.r:- one ear; that the notice, of which the (3A�Ait1,�Ajc" (+ J I►e Y a1utexed its n printed copy, has been puhlit,hed in the regular Ir �OPI U bi�WtA{�l and entire Issue of Bald newvpape-,e.7d not in any supplement thereof,cn the following dotes,to wit: October 27, 19S3 i certify(or declare) u-,der penalty of perjury that the forego- ing is true and Corr- Dated at............Guda::.Gr.oue................... 83 CaliGrt ia,this .f Jh.dr,y of OCt ..... 9.... .. . Signature . Form I'J��. Pop!) Authorized to Publish Advertisements of ah kinds includinr public notices by )ecrne of the St,perlor Court of Orange County. California, Numbor A-62,4. dated 29 c;,ptember, 1961. -ind A-24831. dateJ 11 June, 1963 STATE OF CALIFORNIA co Ulf) County of Orange PuOM• Hurts A0.61trlrr'4 covrSr! 'V� l r 1 1 wr!h 10 PK.CNumn w air' I am a Citizen of 0 United States and a resident of ' the County aforesaid, I am over the age of eighteen years, and not a party to or interested in the belrw entitled matter. I am a pr -lcip al clerk of the Orange Coast DAILY PILOT, with which is combined life NEWS-PRESS, a newspaper of general circulation, P-MC NOME + printed and -.,ublished in the City of Costa Mesa, w liMmt 01t aW1R NOTICE 13 HEREBY ON0111 iiii4 County of Orange, State of California, and that a blict>tartiplirlq ,f,aldbyuf.�fi► Pub 1 i c hearing_ -- _ " rcuttnt of Irm coy W MunJVVtoe: Notice of l3rach. h tfts.Cogrtctt. ZONE CASE 6 3— 1 2 ',tho Clrlc Caller-►tun 3:t►arrbrlr.af' —--- --- ----- -- at Iho hour d T: o6 8aw% �C.P.111„o1r�fi.itovrt. S��QE._Ht.'.NTIN.GTON SE21<L'�i— _ +�'�+atur se poµiW,;a, Mom• theITth.day of 1Vov�atnW'.Jim,W: of which copy attacheJ hereto is a true and complete ;th+purporoaoot►irq�t , ftt; ,.. ,,.fo chanp� tM tarsi On•PraV+rrj: copy, was printed and published In the Costa Mesa, ^""r+h110Cit«t d++�tr►�wtn sIW „r of..Atlanta AVINVN,;t pt a+ 1►t/i Newport Beach, Huntington Beach, Fountain Valley f1l;t a � ; po Irvine, the South Coast communities and Laguna (tArdrtut+ o.mlty Ne*d4WI.1d'0om-r' one e 1 ;.=" fast)t of A2+0t,a,,M.ft*JVin'J= Beach issues at 59id newspaper for _ t �s Y ;.rN�d`htlil,. 'co�Chad' wllh arr,bNo{rrt�aAl''f3uftttc ad Of�tl mmi. -rWf> x;tcx)VKXW Issu*) of fWde�u dClaamfftatqldiIrl�qh ', card.loaf' s.lon-rove tract rw :. :ogr►6it+4rW,11M Vermlt;rtrld ep;,ei„f tWm1t to arKta 4 at. cot►-:, October 28 1 a8 3 9 of on 10 of Twit atlort 8Mi"_r, �+apfna++t BerYiga._• All 14*Wled.1>meft arf lnatrd. in oft od.sal�'IN C640 SS said � "' -atlobNot 6�4t r �ar•. .fWiflittiMlfi�rhlttti11r1 1�.�b. w, f31rw1:Munia DATED'OCtottM L�f{ 3 198 crrr OFt4upyll TION GZACH '° avb11:++ 0j�rq:.r. f qy Rk". Oc1.26.1ftlt3� , I declare, under penalty of perjury, that the foregoing is true and correct. Exet,jled on October 28 1 198 3 at Costa M , California. Signature PROOF OF PUBLICATION �'' 1 REQUEST FOR CITY COUNCIL ACTION Data Octeber 26 , 1983 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator Prepared by: James tit. Palin, Director of Development Services Subject: ZONE CHANGE NO. 83-12/NEGATIVE DECLARATION NO. 83-41 Statement of Issue, RecDrnmendation, Analysis, Funding Sourm, Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is Zone Change No. 83-12, a request to rezone 30± acres of property located on tho southeast corner of Atlanta Avenue and Delaware Street from R2-PD (Medium Density Residential com- bined with Planned Development suffix) to "Q"R2-PD (Medium Density Resi- dential combined with Planned Development suffix and Qualified Classifi- cation) . RECOMMENDATION: The Planning Commission and staff recommend that the City Council adopt Zone Change No. 83-12 , changing the zoning designation on the subJect prcperty from R2-PD (Medium Density Residential combined with Planned Developmen' suffix) to "Q"R2-PD (Medium Density Residential combined with Planned Development suffix and Qualifies: Classification) with the following condition: The applicant shall file tentative tract map, conditional t:se permit:, and special permit applications to create a separate condominium project on Lot 10 of Tract 9580 . ANALYSIS: Applicant: W&B Builders , Inc./Seaside village Townehomes Associaticn 1666 Ninth Street Santa Monica, California 90404 I Re u9 est: To permit a change of zone from �. R2-PD, (Medium Density Residential combined with - Planned Development � suffix) to 1101IR2-PD (Medium Density Residential combined with Planned Development: suffix and Qualified Classification. Flo 41111 1 ` RCA '------ ZC 83-12 ' October 26, 1983 Page 2 Planning Commission action on October 18 , 1983 : j ON MOTION BY MIRJAAANGIR AND SECOND BY HIGGINS ZON.; CHANGE NO. 83-12 WAS APPROVED BY ADDING A QUALIFIED CLASSIFICATION TO THE EXISTING R2-PD ZONING, BY THE FOLLOWING VOTE: AYES : Miriahangir, Higgins, Schumacher, Livengood, Porter Erskine NOES: None ABSENT: Winchell ABSTAIN: None CONDITION ON THE "0" ZONING PREFIX: The applicant shall file tentative tract map, conditional use permit, and special permit applications to create a separate condominium project on Lot 10 of Tract 9580. DISCUSSION: on April 5, 1983 the Planning Commission. reviewed Conditional Use Permit No. 83-6 , a request by the applicant to revise the previously approvedi circulation system for Tract 9580 by adding card-controlled gates and wrought iron fencing within the existing condominium development to im- prove security. As proposed, the applicant' s plan would separate Lot 10 from Lots l through 9 of the prer•iously approved tract map. Because of this situa.-1% .on, the Planning Commission recommended continuance of Conditional Use Permit No. 83-6 for further study. In its analysis of Conditional Use Permit No. 83-6 , the staff d-s.scnvered that the conditions , covenants , and re- striutions for Tract 9580 excluded Lot 10 of the subdivision. Because of this situation, the staff prepared a Notice of Intention to file a Notice of Violation with the County Recorder. This letter was forwarded to the Planning Commission for action, A':. • the October, 4 , 1983 Planning Commission. meeting, the Planning Com- mission approved Conditional Use Permit No. 83-6, permitting the appli- cant to install the security gates and wrought iron. fencing on the subject prope::ty. At that time, the Planning Commission ditrected staff to. provide alternatives for Zone Change No. 83-12 which would permit Lot 10 to stand on its own as a condominium development or an apartment development. At the October 18 1983 Plannning Commission,.. the staff presented ,two alterantives to the Planning -Commission. . Alternative No 1 recommended appxc+val of Zone Change No 83-12, by which the zoning would .be changed from R2-PD -to R2 permitting the applicant to create -'an apartment complex on the subject property. Alternative No. 2 recommended denial of Zone Change No. 83-12, which would retain the R2--PD zonin'S •desigrxation . on Lot 10 of Tract 9580 . This alternative would require the applicant to immrlr"Iat�Ay file a conditional use permit application, tentative tract :nab: application, and special permit to create a separate condominium � development on Low 10. •J r R, E ZC 83--12 0 ,October 26 , 1983 Page 3 After reviewing the alternatives submitted by staf,:, the Planning Com- mission voted to approve a change of zone on the subject property by adding a qualified classification to the existing R2-PD zoning . The qualified classification will req»ire the developer to file a tentative tract map, conditional use permit, and special permit on Lot 10 of Tract 9580 to create a separate condominium project. The applicant con- curred with the Planning Commission ' s action on Zone Change No. 03- 12. ENVIRONMENTAL STATUS: Pursuant to the environmetnal regulations in effect at thie time, the Department of Development Services posted draft Negative Declaration No. 83-41 for 10 days , and no comments either verbal or written were received. On October 18, 1983 , the Planning Commission voted to recom- mend approval of Negative Declaration No . 83--41 by the City Council . Prior to action on Zone Change No. 83-12 it is necessary for the City Council to review and adopt Negative Declaration No . 83-41 . ALTERNATIVE ACTION: The City Council may consider denying the Planning Commission ' s recom- mendation to add the qualified classification to the existing zoning and retain the e.xi!* ; ing R2-PD zoning on the subject property. SUPPORTING INFORMATION: 1. Staff Reports dated October 18 , October 4 , and August 16, 1983 2. Minutes from the October 18 , October 4 , and August 16 , 1983 Planning Commission meetings 3. Ordinance 4 . Negative Declaration No. 83--41 JWP: SMS : df .A F f huntington beach development services department EP O R 1r�rrlr•r�i�r`"�.r� ` .�r..r...��..... 1•: TO: Planning Commission FROM: Department of Development Services DATE: October 18, 1983 SUBJECT: ZONE CHANGE NO. 83-12/ NEGATIVE DECLARATION NO. 03-41 Zone Change No . 83-12 was continued by the Planning Commission from the October 4 , 1983 meeting to allow staff time to analyze the none change and prepare a procedural remedy for W & B Builders , Inc . to create two distinct and separate developments on the subject property . Staff analysis of Zone Change No. 83-12 indicates the Planning Con, mission has two alternatives by which the Commission may create t.wo distinct and separate developments . The two alternatives are ou'- lined as follows : ' Alteriiabl*je No. 1 : The Planning Commission Tra, consider approving Zone Change No. 8:3-12 - by• changing the zoning on the subject property from R2-PD, Medium Density Residential combined with Planned Develop- ment.. to R2- Medium Density Residential . This would establish the correct zoning for development on Lot 10 to permit an apartment com- plex under Article 932, Apartment Standards, of the ordinance code. This action, if chosen by the Pl.ai.:- ing Commission, will necessitate the filing of a use permit application by the developer to the Board of Zoning Adjustments to create an apartment complex. At such time that W&B Builders, Inc. and Surfs;.de Villas intend to convert the apartment project to a condominium, a conditional use permit applica- tion and tentative tract may application will be required pursuant to Article 936. of the ordinance code. W&B Builders , Inc. and Curfside - Villas would, also be required to file a special permit in conjunction with the tentative tract map and conditional use permit to deviate from the development standards contained within Article 936 , Planned Residential Developments, of the ordinance code. Alternative No. 2 : Under Alternative No. .' , the Planning Commission may deny Zone Change No. 83-12 , retaining . t.ne R2-PD zoning designation on Lot 10 of .Tract 9580. The developer should then immediately file a :conditional use permit application, tentative tract map application, and special permit to create a separate condominium development on Lot 10, This option••would allow the developer to continue to rent the 75 housing units under the current HUD provisions. Submittal of a conditional use permit, tentative tract map, and special permit on Lot 10 by the applicant within a reasonable time period (approximately 90 days) will satisfy the City's concerns regarding the notice of intention to file a votive of violation. If approved by the ZC '63- 1.2 uc tobex 18 , I M Pane 2 Planning Commission, the conditional use permit, tentative tract, and special pexznit will rectify the deficiencies outlined by staff in the notice of violation sent to W&B Builders, Inc. and Surfside Villas cn August 10, 1983 . Prior to ary action on Zone Change No. 83-12 , it is necessary for the �, . Planrilnc7 Commission to act on Negative Declaration No . 83--91. RECOMMENDATION : S�.aff recommends that the decision be discretionary with the Planning Commission. FINDING FOR APPROVAL OF ZONE CHANGE NO. 83-12 : Approval. of Zone Change No. 83-12 will enable the applicant to establish a separate apartment complex on Lot 10 pursuant to the provisions contained within Article 932 of the ordinance code. FINDING FOR DENIAL OF ZONE CHANGE NO. 83-12: Retention of the R2-PD zoning oa Lot 1.0 would enable the applicant to establish a separate planned reel dential development pursuant to the previsions contained within - Article 936 of the ordinance code and would also retain the rental units under the HUD requirements . ATTACHMENTS : 1. Area Map * , 2. Letter from HUD received and dated October 4 , 1983 3. Ordinance 4 . Negative Declaration No. 83-41 11AG SMS: df The attached letter was received from HUD on October ll, 1983 I �` w__a. •ram i i - rrur uw•..��wP1 • ! � ► t,� � girt IN ci 06 rn 1 •1 1` 1• 'M '_• I I'' I'll. W, 'o rj IF Ln r' iR� e ✓ ' .�+; � •. L lei .�.. — — J PIP 7, Buc OLACH LA Z NOV 33 Ld La [afa�.aw ih �h LA ,� r.,•n�•!'�.._.� D i' .` D ` a ter � 1I$ r t L ..,r 1 `� •. 1 �l •%.gr�M 1 35 L I _ all r.. ._ of. _ ) » �. • l.. ,z ! 1 It yy y I :a �•� II � ° � � 1..• f 1L. � ►•'"'"'L U.S.C OPWItmon f Nou�ing orxf Ur4��n Oev ufc xnant ; San Diego Sty lice, region IX s WO Front Stree San Diego,CA 92188 I FIUNTINGTON BEACH DEVELOPMENT SERVICES October 6, 1983 Glen Godrey 0 O T I I L083 Development Scxvice Deparbnent Huntington Beach City Hall P.O. Box 190 2000 ruin Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 Dear Mr. Godrey: Subject: Project No. 143-35064 Surfside Villas Huntington Beach, CA Pursuant to a recent: telephone conversation betdeen you ar.1 Frei* Baranov of this office, we are writing to present the fallowing concerns .relative to the proposal to fend oft Surfside Villas frc n the condcn iniwn development known as Seasida Village: 1) The strategic ,lacing of locked gates would effectively isolate tenants of Surfside Villas and, therefore, defeat HM's goal to assure an econa i.c and racial mix in housing deve lopments. 2; The tenants of Surfs fde Villas will be denied the u:�e of amenities originally intended for all residents living within the Planned Residential Devel�.nt. These Enmities consist of a clubhouse, greenbelt a.�d tennis courts. 3) Sale have been advisert that accese Lo the condominiums located along Poolside lane will be through Surfside Villas' streets if the proposal is approved. The extra traffic within the project could add significantly to long term street maintenance costs. In view of tl a above mentioned concerns, we are opposed to the j approval of Corri tional. Use Permit No. 836 . h i Page If you have any questions about this corresporx3ence, please r..)n,tact Jack :afferty at (619) 293-6327. ► Sir..�xely, , i 1 J. �.lso ' ting Office Manager i i d •- � � ' � � � � fry �, `� i � � � � � . r -0 Re ltuINANCE [v AN U::DINANCE OF THE CITY OF HUNTIaG'TON BEACH AMENDING TOE HUNTINGTON BEACH ORDINANCE; CODE BY AMENDING SECTION 9061 THEREOF TO PROVIUEa CHANGE OF ZONING ON REAL PROPERTY FROM ,MEDIUM DENSITY RESIDENTIAL COMU INED WITH PLANNED DEVELOPMENT SUFFIX TO MEDIUM DENSITY RESIDENTIAL ON REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF ATLANTA AND DELAWARE STREETS (ZONE CASE 83-12 ) . WHEREAS , pursuant to tht: state Planninq and 'Zoning Law, the Huntington Beacli Plar-Ring Commission and Huntington Beacl, City Council have had separate public hearings relative to Zone Case No. 83-12 wherein both.. bodies have carefully considered all information presented at said hearings , and after due considera- tion of the findings apd recommendat4ons of the Manning Commis- sion and all evidence presented to said City Council , the City Council finds that such tone change is proper; and consistent with the general plan , NUW , THEREFORE , Lhe City Council of the City of Huntington beach does ovdain as follows : i SECTION 1 . The following described real property located � at the southeast corner of Atlanta and Delaware Streets, is hereby changed from R2, PD (Medium Density Residential combined with Planned Development Suffix ) to 112 (Medium Density Residential District ) . Lot 10 of Tract No. 9580 . SECTION 2. The Planning Dir ?ctor of the City of Huntington beach is hereby directed to change District Map 16 ( Sectional District Map 14-6-11 ) to incorporate the zone change described in Section 1 hereof , and as said district map shall have been amended, the same shall be in full force and effect and be a part of the Huntington Heach ordinance Code . A copy of said district -�-; map, as amended hereby, is available For inspection in the oftice of the City Clerk. 01% AOLips -9/27/83 •� 1 . SECTION 3 . Section 9061 , Uistr. ict Map 1f thereof , is hereby amended by Zone Case No . 83-12. SECTION 4 . T'iis ordinance ihall take effect 'thirty days after its adoption . III PASSED AND ADOPTED by the City Count�i 1 of the City of III Huntington Beach at a regular r:eeting thereof held or. the day of ► 1983. Mayor - ATTEST: APPROVED AS TO FORM: City Clerk City Attorney flo Fro) REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director - Development Services III i i I 2. ID -a huntington beach development services department STA .._...•.... RE 0 '8L TO : Planning Commis sic-n FROM: Development Service:, DATE : October 4 , 1983 CONDITIONAL USE PERMIT NO. 83-61 ZONE CHANGE NO. 83--12 AND NEGATIVE DECLARATION N` ). 8 3-41 APPLICANT:L�NT: l F, B Builders , Inc. and DATE ACCEPTED . Seaside Village Towne 1iomes Association %CUP 83-6) March 21: 1983 1666 Ninth "Street (ZC •;3-12) Sept, 26 , 1983 Santa blonic:a , CA 90404 MANDATORY PROCESSING DATE : REQUEST: C . U .P. W. 83-6 - Revision w` to a previously approved CUP (CUP 83-6) May 23 , 1983 to permit the addition of se- (ZC 83-12) Nov. 2C , 1983 curity gates and wrought iron fencing . ZONE : R2-Pn, Medium Densi- ty Residential com- ZONE CHANGE NO. 83--12 - bined with Planned To permit a charge of Zone on Development Suffix. the subject property from RZ-PD , Medium Density Residen- GENERAL PLAN: tial combined with Planned Development to R21 Medium Den- Medium Density Residential sirity Residential . EXISTING USE: LOCATiONJ : Subject property is located at the southwest corner of Atlan- Existing Planned Residen- ta Avenue and Beach Boulevard . tial Development ACREAGE: :0+ acres 1 . 0 SUGGESTED ACTION : Staff recommends that the lanning Commission approve Conditional Use Permit No. 83-6 with findings and conditions as outlined within this report, and deny 'Lone :hange No. 83-12 . The staff also recom- mends that; the Planning Commission approve Negative Declaration No . 83--41. 2 . 0 GENERAL INFORMATION: C01MITIO AL USE PERM17 110. 83--6 ' .� Conditional Use. Permit No. 83-6 is a relucst by the applicant to reirlse the previously approved site plan by adding wrought iron j ..._...,....._ ..,�, I I CUP 8 3-6/:',C 9 3--12/ND 83-41 October 4 , 3,983 Page 2 fencing and LWO dates to the existing development. The proposed wrought. Iror fencing would be located along Main Mast Drive and Admiral Lane . The proposed gates would be locatcd .at the southerly end of Poolside Lane and ,approximately 100 feet east of Delaware Street, urn Main Mast Drive . The proposed gate located on Poolside Lune would be operated by an electronic impulse opener, while the date located or, Main Mast Drive would only be operable by emergency personnel using the knox box . The pedestrian gat;! would be operated by the same keys presently in use at the clubhouse . (see attached map) With the installation of the gates and wrought iror► fencing , the ren- ters occupying the HUD units would have a single access via Alain Mast Drive and Delaware Street and would not have access , either vehicular or pedestrian, to the units located to the south and Gast. ZONE CHANGE NO. 83712 . Zone Change No . 83-12 is a request by 14 1 D Builders to change the zoning on lot 10 of tract 9580 from R2-PD to R2 , Theapplicant has indicated that. this zone change is being requested to enable lo;: 10 to stand alone as a. separate apartment development . 3. 0 ENVIRONMENTAL STATUS : Pursuant to the provisions of the Californa Environmental Quality Act, the addition of the wrought iron fences is categorically exempt and no environmental review is necessary at this time. (CUP 83--6) Pursuant to the environmental regulations in effect at this time , the Department of Development Service: posted draft Negative Declaration No. 83-41 for ten days and no corments either verbal. or written were received . The staff in its initial study of the project has recommended that a negative declaration be issued for Zone Change No . 83-12 . Prior to any action of Zone. Change No. 8 ,--12 . it. is neces .ary for the Plan- ning Commission to act on Negative: Declaration Vo. 83-41 . 4 . 0 GENERAL PLAN, ZONING AND LAND USE DESIGNATIONS : Subject .Property : GENERAL PLAN: Medium Density Residential ZONE : R2-PD (Medium Density Residential combined with Planned Development suffix) LAND USE: Existing planned residential development North of 'lubject Pro_perty_: (Across Atlanta Avenue) GENERAL PLAN: Medium Density Residential ZONE : R2-PD (Medium Density Residential combined with Planne:i Development suffix) . . LAND. USE: Existing planned residential development 1� CUP 83-6/ZC 83-12/ND 83-41 October 4 , 1.983 Page 3 South of Subject Property : . GENERAL PLAN: Commercial/Support Recreation Z0N'c:: M11 -0 (Mobile ?come combined with oil production) I ANP USE: E.-isting mobile home park West of Suhjcct Property: GENERAL PLAN: Medium Density Residential ZONE: MH (Mobile Home District) LAND USE: Existing mobile home park East of Subject Prop rty : (Across Beach Boulevard) GENERAL PLAN: General Commercial ZONE: 'C4 Commercial District (High ) LF_JD USE: Existing commercial shopping center 5. 0 ISSUES AND ANALYSIS: CONDITIONAL USE PERMIT NO. 83-6 At the August 16 , 1983 Planning Commission meeting the Commission requested staff to determine whether development on lot 10 would comply with Article 932 , Apartment Standards , and Article 936 , Planned Residential Development Standards within the Ordinance Code . Review of the site plan submitted by the applicant indicates that lot 1.0 , the location of the HUD subsidized rental units , significantly com- plies with Article 932 , Apartment Standards of the Ordinance Code , The comprehensive plan check (summarized below) performed by staff indi-ates that density, common open space and parking comply with Article 932 , Apartment Standards of the Ordinance Code . The plan check performed by staff of lot 10 against the Planned Resi- dential Standards (Article 936) indicates a number of major deficiencies . These major deficiencies include ; a 1500 square foot deficiency of common open space , building separation deficiency, building off-set for un'i is located side by side deficiency, building bulk for roof- line variation deficiency , and the site plan does not indicate a five foot drive apron as required by the condominium development standards. The staff has also analyzed lot 9 and 10 combined against the Plan- ned Residential Development Standards . The plan check of lots 9 and 1.0 combined indicates that a number of deficiencies exist with com- bining these two areas. These deficiencies are : Building bulk for roofline variation, common and private open space, building off-set and five foot drive apron . �3 TABLE' 5URFSIDE Lot 9 LOT 10 LOT 9 and 10 VILLAS proposed developed apt. condo. proposed apt. (R2 PD) (932) (936) (932) t 1 AREA q.ac. 3. 13 6. 29 9.A2 adj .g .ac. 3. 13 4+' 0.75 4+ net Bic. 2 .98 5.1t 8 .14 UNCTS 2 bd 46 31 77 3 bd 22 22 1 4 bd 22 22 Total 46 75 121 DENSITY du/g. ac 14.69 11.92 114 . 52 12.84 14 . 52 du/adj .g. ac 14. 6.1 13. 53 15 13.B2 15 Lid/adj .g.ac 29. 39 38 .98 36 35.20 36 SITE COVERAGE 32% 301 501. 45% 31% 50% 45% OPE14 SPACE common apt. 11 ,249 sfj 38 ,599 5f 27,675 sf 49,848 sf 42, 625 sf condo. 18,745 sf 58,460 sf 60,000 sf 77,205 sf �) private - 2 bd 200 sf/du 200 sf/du - 250 sf/ciu 200 sf/du - 25u sf, 3 bd 200 Er'/du 200 sf/du - 300 sf/du 200 sf/du - 300 sfi 4 bd 200 sf/du 200 sf/du - 400 sf/du 200 sf/du - 400 s:, main rec. area 0 31, 722 sf 10,Ou0 sf 31.,722 sf 10,000 rec. bldg. 0 990 sf - 525 sf 990 sf - B47 rec. amenities 0 play equip 2 play equip 2 PARKING covered 92 150 75 75 242 121 121 guest 33 38 38 38 71 61 61 Total 125 188 173 1BB 313 265 303 I i I I � j I CUP 83-6/AC 83- 12,/ND 83-- 41 October. 4 , 19B3 Page 5 i ZONE CHANGE NO. 83-12 On August 11 , 1983 , PJ & B Builders, Inc . filed Zone Change No. 83-12 with the Department of Development Services. 'Lone Change No . 83-12 is a request by W & B Builders to change the zoning on lot 10 from R-2 PD, Medium Density Residential District combined with a Planned Development Suffix to R-2 , Medium Density Residential . The applicant has stated that Zone change No. 83-12 was failed with the City to enable lot 10 to stand alone as a separate apartment project. The staff has reviewed the applicant 's request to change the zoning on the subject property from R-- 2 PD to R-2 and recommend to the Planning Commission that Zone Change No. 83-12 be denied for the following reasons . Tentative Tract No . 9580 was approved by the Huntington Beach Planning Comr.`_ssion in 1977 as a 369 unit planned residential development. This development was approved having an integrated circulation system, one main recreation facility serving all cf the 369 units, and lot 10 was not intended, at that time, to be a separate apartment development or condominium devel- opment. In its approval of Tentative Tract No. 9580 the Planning Com- mission approved lots 1 through 10 within the tentative tract map . Each of these lots was to be incorporated into the overall homeowners asso- ciation for the development. All of the lots within the tentative tract , including lot 10 were to have equal use of the recreation facilities , as well as an equal share of the homeowners ' association fees . Because of this , the staff cannot support the applicant ' s zone change request. The Department of Development Services has contacted the Housing and Urban Development representative located in San Diego. A HUD repre- sentative indicated to staff that the Department of Housing and Urban Development would be strongly opposed to the installation of any type of secur;ty gates segregat,_ng lot 10 from tract 9580. The represen- tative of HUD indicated that the installation of security gates or any type of separation from the overall development would be s -ongly opposed , and that this alteration of the approved plan would nut be in compliance with their existing policies. The HUD representative indicated that a letter would be sent to the Department of Development Services outlining their concerns . However, the letter has not been received as of September 30 , 1983 . NOTICE OF INTENTION TO FILE A NOTICE OF VIOLATION At the August 16, 19B3 Planning Commission meeting , the staff presented a Notice►. of Tntention to file a Notice of Violation to the Commission for action . The Notice of Intention was postponed until such time that Conditional Ilse Permit No. 63-6 was acted upon by the Planning Commission: The applicant can avoid having the City of Huntington Beach record a Notice of tnt;ention to file a Notice of Violation_ by complying with the following requirements: The applicant shell prepare and record with the County of Orange , a condominium map on the 75 units presently being ranted and located on lot 10 of tract 9580 . The condominium map shall be recorded prior CUP 83-6/7.0 83,12/11D 33-41 October 4 , 1983 Page 6 to issuance of building permits for the gate and fence system. The covenants , conditions and restrictions for tract 9580 shall be amended to include a provision for annexing all of the units within lot 10 uprr: the first sale of the first unit to a buyer. These CC&R' s shall also include provisions requiring the removal of the gate and fence system prior to annexation of lot .10 into the Parent Homeowners Association. Failure to comply with the a;3nve conditions by the applicant will give the City of 11untington Beach no alternative but to file a Notice of Intention to file a Notice of Violation with the County Recorder. 6 . 0 RECOMMENDATION: The staff recommends that ' the Planning Commission approve Conditional Use Permit No. 93-6 with the following findings and conditions . The staff also recommends that the Planning Commission deny Zone Change No. 83-12 with the following findings . FINDINGS FOR APPROVAL (Conditional Use Permit No. 83-6) : 1 . The proposed alteration to the circulation plan of Tract No . 9580 will not have a detrimental affect- upon the general health, welfa safety or convenience of the persons resid nq in this tract or ad jacent neighborhoods . 2 . The construction of this gate and fence system will not separate said project in a manner which will make either portion of Tract 9580 nonconforming with the City ' s zoning and/or General Plan. CONDITIONS FOR APPROVAL (Conditional Use Permit No . 83-6) : 1 . Prior to the .issuance of a building permit for the gate and fence system, the applicant shall prepare and record with the County of Orange, a conominium map on the 75 units presently being rented and located on Lot 10 . The site plan received and dated March 2, 1983 shall be the approved 1,yout . 2 . Prior to the issuance of ht:.tlding permits for this fence acid gate system, the Covenants, Conditions and Restrictions for Tract 9580 shall be amended to include a provision for annexing all of the units within Lot .10 upon the first sale of the first unit to an individual buyer. These CC&R ' s shall also include provisions that will require the removal of the gate and fence system prior to j annexation of Lot 10 into the parent homeowners association . 3 . Prior to issuance of building permits for the gate and fence systein, the applicant shall. provide a pedestrian accessway through the wall adjacent to Atlanta Avenue. The pedestrian way shall be equipped with a wrought .ron gate designed to prevent small chip from exiting the ;pro jer,:t cn�o Atlanta Avenue . The location and design of said gate shall be reviewed and approved by the Depart- ments of Public Works .atid Development Services. •1 �' 4 . All gates to be constructed across any existing roadway shall be reviewed and approved by the Huntington Dearh Fire Department. CUP 83-6/ZC 83-•12/ND 83-41 October 4 , 1983 Page 7 FINDXNGS FOR DENIAL ( Zone Change-: No . 83-1,2) : 1 . A change of zone on the subject property from R-2 PD , Medium Density Residential combined with Planned Development Suffix to R-- 2 , Medium Density Residential would be in violation of the previously approved tentative tract map and conditional use permit approved by the Huntington Beach Planning Commission in 1977 . Tentative Tract No. 9580 was approved by the Planning Commission as an integrated Planned Residential Development, and lot 1.0 was not intended to be separated from the majority of the development. p 2 . A change of zone on the subject property from R-2 PD to R-2 would not be in compliance with the Planned Residential Standards (Article 936) of the or Code . Separation of lot 10 as an apartment complex would not be consistent with the development plan approved by the Planning Commission in 1.977 . In its approval of Tentaive Tract No . 9580 in 1977, the .)Ianning Commission intended to create one planned residential development, having an integrated circula- tion system and one maid recreation center. Separation of lot 10 as an apartment complex would not be consistent with tha previously approved plan. ATTACHMENTS : 1 . Staff reports dated June 21 , 1983 and August 16 , 1983 4k4l �1>P.. S M S : sr fit ant on Ll JuIJ t1+1 i I R I 1 CL c• Rt ti fi - R� II ,R1 IIIRt �RI RZ-P - I r R! i■ ! I RI ..z,,: U3 ••� •���1 -- ,moo_ .y L a ( L _ � � ��-�/,`'/j^` `-�` .i.._ 'LJj �� -r' � p� S. •c_�y: -,Q ✓. �/1c.' 3 - s - °'= R2-PD:R. f Al s t� RI �. 1 fto.Sol c.' _� • f:a i R2 �,r.::u R, E _ RI" 'o o0 P3 R3 R1 } P2-a3 R} ' {l - 1 r • /'` 'J, l����` -'■- /.�J.o//��/ •3 �- .� �` 2- 1( � R3 \�3r. M�1 Ji` �`"/'_��T .r -/ ' 1 •q�.a'f-aYlwlMa� • =l -. i 4'ti n��''t=`t !C .. Rc !• j �_ �+ RS I !'n "• �� �f^u � �� '�� t�'; �•� / R PO A2 V/3 t# 1 C4 ¢ R_i ,Y 1. :'I P 2 1 3 R1 ){ i-M.r ^�' t Rif�IRl A2-po R2.pt) z:1 i R3 ! _.xt I~ —� !_ N2- 0 ` I 4 R3 \ RS "� ' . MH A2 vp o;.pp RI :`2 J� n ! �• -�MIhN '�'_-_ 0�.5� � ■ t :-I'/lo■ .^?i PIS � RI �,,\� l.11i MH-O R3 L R RI� RITab ` i15 7 A�.-�1� r Rl RI R3R3 \ ! /r - 1 } ... RA 41 ".�• - �� fir. I 1_ �FRa i`_ RA-0 i :�t l-A- U CUP83--6 HUNTINGTON BEACH PLANHING DIVISION �' J huntington beach development services department STA F •......_.fitPORT TO: Planning Commission FROM: Development .Services DATE : June 21 , 1.9B3 SUBJECT : CONDITIONAL USE: 11EMMIT No . 83-6 I. I BACKGROUND: JL Conditional. Use Permit No. 83-6 is a request by t�J & e Builders, Inc. , and the Seaside Vill.age Town Homes Association to construct a wrought iron date and fence system separating the units developed upon Lot 10 from Lots ].-9 of 'Tract 9580 . Lot 10 of this tract has been developed 75 rentable units fnr moderate and low income families . Lots 1-9 have been and are being developed with market rate for-sale condominiums . The homeowners association in conjunc- tion with the developer. , has requested that this gate and fence system be constructed in order to provide security to the market rate condomir. i um units . All of the units developed upon Lots. 1- 1.0 were approved under a single tentative tract n1ap and conditional use permit . This pro- ject wasapproved by the Planning] Commission in 1977 as a 369 Unit planned residential development . Staff research indicates that the 75 units which are located on Lot 10 and are being rented have not been incorporated into the overall homeowners association nor was a parcel map recorded on these units . Under Article 936 , Planned Residential Development , all of the units within z single planned residential_ development shall become a part- of the overall governing association . Due to the restrictions imposed by the Department of Houcing and Urban Dove lopment on the rental units and the monthly cost of the association fees , it is not feasible at this time to include the 75 rental units into the parent homeowners association . After considerable meetings with the developer, a representative of the homeowners association and the board of directors of the Homeowners association, it has been determined that the following solution would resolve the long term concerns of the City. These concerns include a separation of these 75 units from the rest of the project for an indefinite period of time . Therefore , the staff is recommend- ing that the Planning Commissionapprove the request for the gates and fences , with the conditions that : 1 . The owner of the 75 rental units prepare and record with the Cotint:y, a condominium map on these units . A /J 71 A-FM?)A I w CUP 83-6 June 21 , 1983 Paae 2 i' 2 . Orovisi.ons be cotablished in the ovexall Covenants, Conditions and Restrictions .. which would annex these 75 units into the parent • homeowner association at the time the first 'un.it within this 75 unit portion be sold off as a single owner condominiums unit . The developer and executive board of the homeowners association concurs with this approach as long as the 75 unit project. be brought up to an acceptable standard prior to the annexation into the homeowners association. A draft copy of the CC&R ' s has established the City to review and inspect this 75 unit Project in order to assure proper condition prior to the annexation . 3 . The third condition the staff is recommending is to have the owner of the 75 rental units provide a pedestrian accessway through the wall located adjacent to Atlanta Avenue. This pedes- trian way should be equipped with a wrought iron gate designed to prevent small children from exiting the project onto Atlanta Avenue. The location and design of this gate would be determined by the Department of Public Works in conjunction with the Depart- ment of Development Services . RECOMNIENDIETION: The staff is recommending that the Planning Commission approve Condi- tional Use Permit No . 83-6 , which would allow a limited access gate across Main Mast with wrought iron fencing between the units located along Main Mast and along Poolside Lane. The staff further recommends that the Planning Commission make the following Findings and impose the following conditions . FINDINGS : 1 . The proposed alteration to the circulation plan of Tract 9580 will not have a detrimental effect upon the general health , welfare , safety or convenience of the persons residing in this tract or adjacent r.eighborhoc-Is . 2 . The construction of this gate and fence system will not separate said project in a manner which will make either portion of Tract 9580 nonconforming with the City ' s zoning and/or General Plan . CONDITIONS : I . Prior to the issuance of a building permit for the gate and fence system the applicant shall prepare and record with the County of Orange, a condominium map on the 75 units presently being rented and located on hot 10 . 2 . Prior to the issuance of building permits for this fence and gate ' system, the Covenants , Conditions and Restrictions for Tract .9580 shall be amended to include a provision for annexing all of the j unit within Lot 10 , pan the first sale of the first unit to an 4. Cur 83-6 June 21 , 1483 Page 3 / individual huger . These CC&R ' s shall... also include provisions that will require . the removal of the' gate and fence system prior to annexation of Lot. 10 into the parent homeowners association. . 3 . Pri.or to the issuance of building permits foL' the gate and fence system, the applicant shall. provide a pedestrian accessway through the wall adjacent: to ALl.anta Avenue. The pedestrian way shall be equipped with a wrought iron gate designed to prevent smell children frot,,i exiting the project onto Atlanta Avenue. The location and . design of said gate shall be reviewed and approved by the Depart- merits of Public Works and Development Services . 4 . All gates to be constructed across any existing roadway shall be reviewed and approved by the Huntington Beach Fire Department. ACHMENT : ATT . Area ML p SMB : j lm �1 r huntington br-ach development services department sTA f F Q)ORT.. . . TO: Planning Commission FROM : Development Services DATE : August 16 , 1983 SUBJECT : CONDITIONAL USE PEIUtI. No. 8 3-6 BACKGROUND: Conditional Use Permit No . 83- 6 was continued to the August 16 , 1983 Planning Commission Meeting at the request of the applicant: to allow sufficient time for the homeowners association to accept or reject the City ' s proposal for approval and to consider an alternate solution if necessary. The homeowners of. Seaside Village have reviewed the City ' s request for a conditional. approval of Conditional Use Permit No. 83-6 and have rejected the City ' s proposal . At the June 21 , 1983 Planning Commission meeting , the st-kf f: had recommended approval of Conditional Use Permit No. 83-6 which eiould allow a limited access gate across Main I-last in conjunction with wr ht iron fencing between the units located along Main ?.last and Poolside roc The staff also recommended t:ha'- the following ccndi.tions be imposed on the project : CONCITIONS : 1 . Prior to the issuance of a iwilding permit for the gate and fence system, the applicant shall prepare and record with the County of Orange, a condominium map on the 75 units presently being rented and located on Lot 10 . 2 . Prior to the issuance cif building permits for this fence and gage system, the Covenants , Conditions and Restrictions for Tract 95E0 shall be amended to include a. provision for annexing all of the units within Lot 10 upon the first sale of the first unit to an individual buyer. These CC&R' s shall also include provisions that will require the removal of the gate and fence system prior to annexation of Lot 10 into the parent homeowners association. 3 . Prior to the issuance of building permits for the gate and fence system, the applicant shall. provide a pedestrian accessway through the wall adjacent to Atlanta Avenue . The pedestrian way shall be equipped with a wrought iron gate designed to prevent sm.-ill children from exiting the project onto Atlanta Avenue . The location and design of said gate shall be reviewed and approved by the Depar ments of Public works and Development Services . WWISAL yY � Aun . 16 , 1983 ' 1)aq' e 2 r I y i E A ; l ci at os to be c ons t ruc t. ed acrr cor,5 any e:•: i.s t. in(I roadway Sha 11. be r��,vi�y��'cd �Inci aF�t�ruvecl b5y thc, ffultti rtgton Beach Fire Department . RE.COhI.IfENt)ATI ON : After reviewi.;Icl Condit- i.onal Uso Permit. ;:o . 83-6 , the staff still recommends approval aL this regLICIIit Wi. th the. attacheu findings and con- ditions . As authori cd by Section 66 ,199 . 36 of the State Subdivision Map Act , I t:ho Department: of Devol.,Dpriont Services has prepared Notices of lntentiol: tic) record a Notice of Violation w• t.h the County Recorder ' s Office on i l Ict N''o . T " 's " tl:lvo heed sent to W b H Builders and 1580 ItiE_ nnticc ,; .sur. fside Villas , the current. uroljer-t•!, owners ref Tract No . 9380 ; becausr? of possible vi-olation., of Article 930 , Planned Residential Develoments , Article 9.16 , Planned Levelanlelit_._ Suffix ar.d :)'Union. 9700 . 16 (b) , Planned Posident.:ial Dev�- lonment car" the Ifunt .nuton Beach Ordinance Code . P.C.vicrW by the DQpartrnent� of Pevrlop neat. Sc,rvices Indicates that Lot No . 10 of Tract 74c) . 9580 has not been incorporated into the overall development ZIS approved by the ffuntinrton Reach Planning Commission . Incorporation of Lit. 1.0 into the overall develorinernt is required by the above stated cede: soc_ tions . Tract. No . 9580 also fai ; s to comply with the intent and pur- pose of ;he Planned Develol`Iilent suffi-x- which ;tatos in part that " the f intent of" this suffix is that, P. Shall requir,:' that t-he planned reside" t.ial developments of this cnclr, prevail over tho ha is residential dis- trict or to the sifz:i-x it is aff'! xed . Property c•rith the -Ply suffix steal be developed as a planned residential development . " 'I'ttir Pl_anned Develol ment suffix also indicates that " thy: Planned Devel.rpinent suffix may be combined with basic residential districtssand thereafter. the property shall be developed in compliance wir.h all requirements of the planned residential development section cf this code . " In addition to they above described discrepancies , Lat 10 of Tract 9580 al-so :'ai.l.s to comply with the Planned Development suffix intont and does not comply with Section 9700 . .16 (b) , Planned Residential Development of the Huntington Beach Ordinance Code . development is defined its land development designed anff developed as a unit for individual ownership of dwell inci units or sites, or airspace rights in the area Occupied by ;-laid dwel l inc, unit!:, , ti..f th norwal accessory residen- tial tr,es and permanently maintained co.;,ITon propert}, with each resident having an undivided lnte;.-est in the common ar,,a for use as parks , water- ways , clol i cx-) Ir sen or ot:hor recreational areas thrlt are integrated with Lho dwell in-J unit.F; f•`r the Fole on-�o','ment of residents within the de.- '.'l. 1opment . " `:'lit? de%, ' laj-car of Tr�a�t No . 95110 11 -is also failed to record a c aneorr-i ni um snap with t hc� COLI.Il ty I�rscorcle r ' s Of f.i ce. Records on file in the Department of Dovc loprnent. Services indirnf'i? that: thy,? Crndit. iors , Coveni-:;t:s and '7c'st.ricLionr; Ent- Tract 9580 fit i l <�d La include Lot 10 of 'rract 9580 a> part of the int-egrzit.ed dcvelot,i-ncnt- . ow !',<.s required reel by Section 66499 . 36 of the neap Act, the CUP 8 3-6 Aug. 16 , 1983 Page 3 property owner of Tract 9580 must be given an opportunity to present evidence to the Planning Commission indicating wl-y a Notice of Intention to file a Notice of Violation should not be recorded with the County Recorder ' s Office. The above code section also requires the Planning Commission to 'determine whether a violation exists . If the Planning Commission determines that the property has in fact not been legally subdivided nor is in conformance with the zoning ordinance or subdivi- sion map act , or if within 60 days of receipt of such copy the owner of such real property fails to inform the Department of Development Service.. of his objection to record the IJotice of Violation , the Planning Commis- sion shall record the Notice of Violation with the County Recorder . FINDINGS : 1 . The proposed alteration to the circulation plan of Tract No . 9580 will not have a detrimental affect upon the general health , welfare , safety or convenience of the persons residing in this tract or ad- jacent neighborhoods . 2 . The construction of this gate and fence systein will not separate said project in a manner which ,:ill make either portion of Tract 9580 nonconforming with the City ' s zoning and/or General Flan . CONDITIONS : 1 . Prior to the issuance of a building permit fc.r the gate and fence system, the applicant shall prepare and record with the County of orange , a condominium map on the 75 units presently being rented and located on I,ot 10 . 2 . Prior to the issuance of building permits for this fence and gate system, the Covenants , Conditions and Restrictions for Tract 9580 shall be amended to include a provision for annexing all of the units within Lot 10 upon the first sale of the first unit to an ind; vidual buyer. These CC&R' s shall also include provisions that will require the removal of the gate and fence system prior to anne::ation of Lot 10 into the parent homeowners association .. 3 . Prior to -the issuance of building permits for the gate and fence system, the applicant shall provide a pedest-Tian accessway through the wall adjacent to Atlanta Avenue. The pedestrian way shall be equipped with a wrought iron gate designed to prevent small children from exiting the project onto Atlanta Avenue . The location and design of said gate shall be reviewed and approved by the Depait- - ments of Public Works and Development. Services , 4 , All gates to be constructed across any existing roadway shell b reviewed and approved by the Huntington Beach Fire Department . ' t CUP 83-6 Aug . 16 , 1983 Page 4 ATTACHMENTS : I . Area Map 2 . Staff report dated June 21 , 1983 3 . Notice of Intention to File a Notice of Violation S : jlm i I l I I I i i I i i 1� CITY OF H1. NTINGTON BEACH INTER-DEPARTMENT COMMUNICATION f1U.d1JM111N�IA(H To �`�, � .�- � Fern ENVIRONMENTAL RESOURCES SECTION �% ST t4` OP LAW N EA � Subject NEGATIVE DECLARATION Date No. 813 4 1 . Applicant: .,enuest. GAF -Z C;N E FROM 22.— PD (t4tD1UM-bQJ6Vr1 TOO Location: Background Based on the Staff' s initial study of this project a Draft Negative Declaration was published in the local newspaper and posted in the Office of the City Clerk for a 10-day Public review period ending =M aEE,La, BVF�l I and no comments , the attached comments were received. Recommendation The Environmental Resources Section recommends that the Cirl 09 LUL- �, approve Negative Declaration No. u,,j_____ finding that the proposed project will not have a significant adverse effect on the environment. t Mitigation Measures The attached ►mitigating measures will reduce potential environmental effects resulting from the project and are recommended as conditions of approval . Res ectfully submitted* James R. Barnes Associate Planner JR81dc ,r� �. CITY OF MUNTINGTON llH IO,,)NTINGTON BEACH �.TIM) DEVELOPMENT SERVICE PARTMENT P. O. Box 190 DEVELOPMENT SERVICES Huntington Usch, CA. 92W � .06 ♦to $Ad el Tel: 1714) 5366271 SEP 14 1983 ENVIRONMENTAL INFORMATION FORM P.O. a0x 190 Huntington Beach, CA 92648 Fee - $115 , 00 C., FOR CITY USE ONLY ' W & B Builders , Inc. Date nnnlicant_ Authorized Agent Received : - )4 Project Number : No 1666 Ninth Street, Santa Monica, CA 90<4014 Department of Origin : Mai 1 ino Address OL? V r ':�ie rUi u"4 _a (213) 450-5965 Other Applications or TelepFione Permit Numbers : Surfside Villas _ ert,,, owner 5150 Overland Ave . , Culver City, CA 90230 (213) 2'04-2050 Pailina Address/Telephone 1. 0 Project Information (please attach Plot Plan and submit photographs of sulTject property) 1 . 1 Nature of Project : Give complete description of the proposed project. Applying for a change of zone frorn R2-PD to R3 to enable I.ot 10 to stand alone as a separate apartment project . Location of Project : (Address , nearest street intersections) 7795 Neptune Drive, iluntf ngton Iieach, CIA 92648 Atlanta Avenue & Delaware Street is the nearest street intersection. 1 Assyssor ' s Parcel Number : 024-291-10 Q, A-BD-EV- 2A I .•.1 IVII., t is tho present zoning on the property? _ R2-PA I What. is the surrounding land use to the : North R3 Sough R2 Eest R2 West R2 1 . 6 If the project is commercial or industrial give a complete description of activities and other pertinent information including but not limited to estimated employment per shift and any potential hazardous materials which may be used, etc . N/A i . 7 If the project is residential, indicate number, types and size of units and associated facilities . 31 - 2 bedroom apartments, 22 - 3 bedroom apartment, and 22 - 4 bedroom apartments with 187 parking, spaces . I 1 . 8 If the project is institutional , indicate the major function , estimated employment per shift and maximum occupancy . N/A 1 . 9 Pro4ect land area (acres) 4 .67 acres Number of parking spaces 187 , 1 . 10 Square feet of building area 81 . 030 s. f. Number of floors 1 . 11 Height o' tallest structure involved .in the project _ 31 feet . (1 Environmental Setting . I Dra i r j c v and Flood Control. •► I t► 1 c�.►r:, tic-s - r i he ttow on-site drainage wL 11 be accommoda Led . Concrete ribbons and pavement . ,i) Is 1 ho s i tc- presently graded? y`s _ _. . .. 11) Inc icato tho gross cubic yards of grading proposed _ n/'a the acres of land to be graded _ the amc��Inl earth to be transported on the site and the amount of earth to be transported off the site c) What will be the maximum height and grade of cut on fill after .trading is cc.)mpleted? As is. I 2 . 3 Soils a) Type of soils on the subj(.ct site? (Submit soils .report if available) . 2. 4 Vegetation a) Attach a mao indicating the location, type and size of trees located on the site . Indicate below the number , type and size of trees to be removed as a result of the project. Project is presently complete - no removals . �I i 2 . 5 rater Quality a) Does any portion of the E--oject abut or encroach on beaches , estuaries , bays , tidelands , or inland water areas ? No. b) Describe how the project will effect any body of water . None. 2. 6 Air Quality a) If the project Industrial , describe and list air pollution sources and quantity and types of pollutants emitted as a result of the project . N/A 2 . 7 Noise a iho .iny adjacent off-site noise sources ( i . air-- ro r 1 ,; , i ndits t ry ,, f reeways) Nolte. I I+) W11•11 Intl •:+• WI 11 114" 1)I'OC1l1rod by thc: 1.+;'(��+'Ct .' If aV.I11 .1:' ;'0 , ;, I+•.1�:�• +11 v+• flo 1 !:o levels in decy_b lc' measuremon t and typ.; ca i tYmv distribution when noise will be produced . Project to remain the same - no change will be gener.-Ited. y� _ 3_ C . produced by the ro '. E;aw will noise pro f p ]ecOcompare with existing s � noise levels? • Exactly the same . �1 Approxiniati• ly how much traffic: will bp generated by the project. : (check one) None. 0-50 vehicular trips per day 50 - 250 vehicular trips per day 250 - 500 vehicular trips per day over 500 vehicular trips per day 3 . 0 Public Services and Facilities 3 . 1 Water . a) Will the project require installation or replacement of new water tines? 140 b) Please estimate the daily volume in gallons required to serve the project . Same as present use. 1 . 2 Sewer a) Wil '. the project require installation or replacement of new sewer lines? No b) Please indicate the approximate amount of sewage generated from the project . Same as present use. 3 . 3 Solid Waste a) If thu project is industrial , describe the type and u d of lid waste generated b the project . amount t (pounds/ ay) so g Y P 7 N/A 4 . 0 Soc. ia1 i'ol u 1, i r.n Di spl acement .0 will any residential occupants be displaced by the project ;�c-t- ivitica7 No i !a? De•nwribe briefly the type of buildirgs or improvements to hr. (U-mo 1 i s h ed by the project . None •;� _ I 5. 0 M i tiga t ih Measures 5 Are there measures included in the project which -,:ky conserve nonrenewable resources ( e . g . electricity , gas , water) ? No. Please describe . 5. 2 Are there measures included in the project which would protect or enhancef a describe . done. flora and fauna?n Please 5 . 3 Are there measures proposed in the design of the project to reduce noise poliu-ion? Please describe . No. 5 . 4 Are there measures proposed in the design of the project (e .g . architectural treatment and landscaping ) which have been coordinated with design of the existing community to minimize visual effect? Please describe . Architecture and landscaping coordinated at time project was designed witli the surrounding area. 5. 5 Are there measures propor,ed in the design of the project ;o reduce water pollution? Please describe . No. Are there measures proposed which would reduce air pollution? List any Air Pollution Control District equipment required . No. N/A 5. 7 Are there measures or facilities designed into the project to facilitate resource recovery and/or energy conservation (e .g . solar heating, special insulation, etc. ) ? Please des^ribe. No. 6. 0 Alternatives 6. 1 Are there alternatives to the project which may result in a lesser adverse environmental --effect? Please ex ►lain all project Alternatives nn nn attached sheet . No. Project will remain as is. 1!%-ri•1ly ovrt i ft, that the information herein is true and accurate to flit% hest of my know1cdge . k & R BUILDERS, INC. gna tune Date Filed illiam J. C ,ore, Vice President MInutes, ii .B. Planninc ommission October 18 , 1983 a Page 4 DRAFT I Zoning Adjustments for review and report; this report would then come back to the Commission to be taken into consider_aticn in its action on the appeal before it. ON MOTION AY LIVENGOOD AND SECOND BY MIRJAHANGIR ADMINISTRATIVE REVIEW NO. 83-30 (APPEAL) WAS CONTINUED TO THE NOVEMBER 150, 1983 PLANNING COMMISSION MEETING AFTER REVIEW OF A REVISED , FINISHED SITE PLAN AND A COMPLETED PARKING MANAGEMENT PLAN BY THE BOAIzD OF ZONING ADJUSTMENTS, BY 'iHE FOLLOWING VOTE: AYES : l-liggins , Livengood, Porter , Erskine , Schumacher , Mirjahangir NOES: None ABSENT : Wi ache l l ABSTATN : None ZONE CHANGE NO. 83-12/NEG2\TIVE DECLARATION DIO . 83-V. (Cont. from 10-4-83) Applicant: W&B Builders, Inc ./Seaside Village Towne Homes Assoc . To permit a change of zone on the subject property from R2-PD (Medium Density Residential combined with Planned Development) to R2 (Medium Density Residential ) . Subject property is located at the southwest corner of Atlanta Avenue and Beach Boulevard . Planner Jim Barnes explained that this item had been continued to allow staff time to analyze the zone change and to prepare a procedural remedy or manner by which W&B could create two separate, distinct projects on the subject property. Staff has offered two alternative ways to mee.t that end, as evidenced in the staff report. lie pointed out, however, that the staff report had failed to mention the fact that the applicant at a later date would have to file a tentative parcel map to create a separate and distinct entity on Lot 10 if Alter- native No . 1 was pursued by the Planning Commission. Chairman Porter said that although the hearing was closed at the last meeting there has been new information submitted; therefore , the public hearing was reopened. Frank Thompson, representing W&B, spoke to the Commission to say that of the two alternatives he felt Alternative No . 2 would be the easier for him to implement. lie added that he would try to comply with whatever action the Commission der. _ded to take . There were no other persons to address the Commission on this item, and the public hearing was closed . Secretary Palir discussed the alternatives , saying that while any approach to sever Lot 10 from the rest of tract will create some problems, Alternative 2 is probably the easier method . It would require the special permit to address the deviations from code that would arise in they creation of a separate condominium project. Commissioner :::humachcr inquired whether or not the conditions the Commission had :.mposed upon its approval of the gating and fencing -4- 10- 18-83 - P . C . �'� Minutes, H .B. P 1.06 ing Coi=i s s ion October 18 , 1983 Pacie 5 for the tract would still apply in the event A El L were to be adopted. Staff replied that the coons would no longer apply and the Comnission would have to reconsider itz prior action on the conditional use permit granting the gatincl and fencing to amend those conditions . Chairman Porter suggested altering the zone change to leave the R2-PD zoning intact but impose a "Q" , Qualified prefix, since it is more restrictive . His intent would be that the conditions under the "Q" would enumerate the things the applicant would have to do to bring the project into compliance and, if these things were not accomplished or satisfactory progress being made within the la month life of the qualified designation , then the City would be within its legal rights to File a Notice of Viola- tion with the county . This approach would mean that there need be no further delay and W&B could proceed to take care of the items the City is Tasking them to no, even though at this moment Lot 10 wo�ild be nonconforming. Legal counsel Art De La Loza informed the C:olnmission that it must have a request from W&B tc process the qualified zoning, and it must be an informed , voluntary application by W&B so that there is no question that it is the developer ' s application that is before the Commission. tie aei:Ied that the language in the code indicates that this Commission does presently have the power to impose the "Q" on the zoning as long as the applicant at this time wishes to amend his application to request the im- position of such designation . Mr. Frank 'Thompson then addressed the Commission again to express his cor- irrence with the proposed qualified designation on the subject property . ON MOTION BY SCHUMACHER A14D SECOND BY LIVENGOOD NEGATIVE DEC- LARATION NO. 83-41 WAS APPROVED AND RECOr•h%IENDED TO THE CITY COUNCI&Y. FOR ADOPTION, BY THE FOLLOWING VOTE: AYES : Higgins , Livengood , Porter, Erskine, Schumacher , Mirjahangir NOES : None ABSENT: Winchell ABSTAIN: None ON MOTIOU BY MIRJAHIINGIR AND SECOND BY HIGGINS 'ZONE CHANGE NO. 83-12 , TO CHANGL THE ZONING FROM,, R2-PD TO R2, WAS DENIED AND A "Q" (QUAI.IFIE:D) ZONING PREFIX APPLIED TO TIIE EXrSTiy(.; R2-PD ZONING ON LOT 10 , WITH THE FOLLOWING FINDING AND CONDITION , BY THE FOLLOWING VOTE : FINDING: Retention of the R2-I1D zoning on I,ot 10 will enable the appli- cant to establish a separate planned residential. development -5- 10-•18-83 - P.C . Miputes , H . B. planniecollmission October 18 , 1983 Page 6 DRAt I pursuant to the provisions contained within Article 936 of the ' ordinance code and will also retain the rental units under the HUD requirements . CONDITION OF APPROVAL: The applicant shall file tentative tract map, conditional use permit., and special permit applications to create a separate condominium project on Lot 10 of Tract 9560 . AYES : Higgins , Livengood, Porter, Erskine, Schumacher , Mirjahangir NOES : None ABSENT: Winchell ABSTAIN: None CODE MIENDMENT NO , 83-1-0 (Cont. from 10-4-83 ) Initiated U�r the City of lluntinc�ton Beach An amendment to the ordinance code adding Article_ 949 . 5 which creates a mixed use office/resideritial district within the zoning code of the City of Huntingtun Beach , Chairman Porter informed the Commission that the amendment has been modified as directed to delineate st:eci.f.ic locational. criteria and to shift incidental commercial uses from being principal uses to conditional uses . 11e also pointed outa section of the amendment concerning height limitation which is not clear and suggested that the wording be changed to read " . . . exceed the building height limit by not more than fourteen ( 14 ) feet. " Marc Firestone indi- cated that this change would be acceptable to staff_ The public hearing was opened , and closed when no one was present to speak to the matter. ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS CODE AMENDMENT NO. F3-20 AS AMENDED ABOVE WAS APPROVED A14D 17 ECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING MOTE: AYES: Higgins , Livengood , Porte-!r , Erskine , Schumacher, Mirjahariyir NOES : None ABSENT: Winchell ABSTAIN: None CODE AMENDMENT NO . 83-28 (Cont . from 10-4-83) Initiated by the City of liuntinq ton Beach An amendment to the ordinance code to emend A t:icle 996, Park.lartd Dedications, to reference the 1982 amendment to Section 66477 of the Government Code in establishment of. the Cit:y ' s Bark standard. P .C. Y s APPROVED 10-1.8-83 MINUTES HUNTINGTON BEACH PLANNING COMMISSION r'. t. Council Chambers - Civic Center 2000 Main Street Hantington Beach, California TUESDAY, OCTOBER 4 , 1983 - 7 :00 PM •: COMMISSIONERS PRESENT: Higgins , Winchell , Livengood, Porter , Erskine , Schumacher , Mirjahangir CONSENT CALENDAR: Jim Barnes noted an addition to the consent calendar ( Item A-4) which is a request for extension of time on Conditional Use Permit No . 82-23 and Conditional Exception No . 82-11 . The Commissioners voted on the ) first three items on the calendar but agreed to vote separately on the additional item. ON MOTION BY LIVENGOOD AND SECOND BY SCHUMACHER THE CONSENT CALENDAR CONSTSTIHG OF GENERAL PLAN CONFORMANCE NO . 83-10 , TWO EXTENSIONS OF TIME, CONDITIONAL USE PERMIT NO. 80-12 AND A QUALIFIED ZONING CLASSIFICATION ON ZONE CHANGE NO. 82-31 BY THE FOLLOWING VOTE : AYES : Higgins , Winchell , Livengood, Porter , Erskine, Schumacher, Mir jahangir NOES : None ABSENT: None ABSTAIN: None ON MOTION BY SCHUMACHER AND SECOND BY ERSKINE THE REMAINDER OF THE CONSENT CALENDAR CONSISTING OF AN EXTENSION OF TIME ON C.U. P . 82-23 AND C .E. 82--11 , BY THE FOLLOWING VOTE : AYES : Higgins , Winchell , Livengood , Porter , Erskine , Schumacher , Mi.rjahangir NOES : !.lone ABSENT: None ABSTAIN: None REGULAR AGENDA ITEMS : CONDITIONAL USE PERMIT NO. 83-6/ZONE CHANGE NO. 83-1.2/NEGATIVE DECLARATION NO.. 83--41 (Continued from 8-16-83 ) ,�Pylfcant: W & B Builders1Seaside Village Townhome Association A C.U .P. request to revise a previously approved C.U. P. to permit the 4 � T T addition of security gates and wrought iron fencing and a zones change request to Change the zone from R2-PD to R2 on property located at the southwest corner of Atlanta Avenue and Beach Boulevard . Michael Strange gave the staff presentation. Commissioner Higgins arcked if the Commission did nut take action on the C.U . P. as recommended by staff would the notice of violation be required and would it have an effect on action on the zone change . Art De La Loza said that the original notice was done because of certain deficiencies, however , if those deficiencies are to}-.en care of the notice of violation is no Langer necessary. The public hearing was opened . Frank Thompson, representing W & B Builders , requested the Planning Commission to approve the zone change so that the 75 rental units will meet the code requirements . He said ;he believed that at. that point , having been told he can have condominiums in an R2 zone that he could create Lot 3.0 and subFequently record a condominium map. He said that for staff to continue to recommend denial on the zone change was not productive for anyone . Nancy Schlachter representing the homeowners association said she was in favor of the zone -change . She said she objected to Condition #2 with regard to :including the future owners of Tract 9580 into their homeowner ' s association and under their CC&R' s . She said this would force them to go to their lenders and would require a 2/3 vote of the present membership. She said the fencing and gating would not have an affect or, persons residing in the tract and she said the plan has Fire Department approval . Wilburn Smith , an attorney representing the homeowner ' s association said he Was there for legal questions . Manny Aftergut , one of the owners of Lot 10 , requested approval . He said his company specializes in Section 8 housing and they were origins?. developers of the project . The above speakers were questioned by the Commissioners . Commissioner Schumacher asked if there was a condition in the original C .U. P. dealing with the return of the 76th unit from a recreation room to a unit . Mr . Thompson stated that it would remain a recreation room in the event of a conversion to condominiums . He said that it came up from a 1978 letter at the time the project was approved for 82 units . Chairman Porter recommended a separate homeowner ' s association at the time the units convert , with separate CC&R' s . Mr . Aftergut stated he would not object to that. The Chairman also questioned staff about conversations they might have had with BUD . Mr . Aftergut said he spoke to an agent from HUD who asked that he not be asked to get involved . Fie believed that HUD ' s concern was with security . Ise said that it was a "balancing act" dealing with aesthetic consistency and the flood hazard area, etc . Glen Godfrey stated that he spoke to Mr . Laferty at the San Diego HUD o•tifice who said he had no problem with the demand in having access to the pool and I was basically in favor of an integrated project. Iie was m,:)re concerned about the tenants in the HUD project having roadway access . ?dike Adams reviewed the PD standards . The public hearing was closed . �6 -2•• 10/04;83 - P.C. �,• Commissioner Livengood suggested adding a condition of requiring a pool to be constructed and also suggested using the wording from the April 19 , 1983 staff report with regard to easements and knox box systems . He said he still had some concern aboat private open space. : Frank Thompson said he would accept the added condition of a pool . Commissioner Higgins said he favored creating a separate project for Lot 10 . Discussion took place regarding a rezoning to R2 , if it i, satisfied Article 936 as far as parking was concerned . Also discussed was density, i .e. , units per acre , bedroom counts , etc. Chairman Porter said he did not favor a zone change . Discussion followed on the correct procedure to use to deal with the notice of violation letter . ,Art De La Loze said that dealing with the findings for special permit :was possible but he did not know what practical affect it would have on . the present homeowners . Mr . Smith , the attorney, stated that the notice of violation on the lenders ' record would prevent any broker from closing escrow . Mr . De La Loza suggested imposing the condition of a pool and give the applicant the opportunity to present evidence to show cause why the notice should not be recorded. Commissioner Winchell stated that this application has gone around and around and wanted to know if staff ' s major concern with the project was the fact that the condominium map needed to be recorded . . Mr . Godfrey stated that originally the entire development was considered an V. -integrated project with Lot 10 as a part, and when the CC&R' s were recorded , Lot 10 was not, made a part . He said Lot 10 is still a part of the development because of the map approval . Chairman Porter said that some assurance was needed if R2 zoning would resolve the problems . Commissioner Winchell Eaid if it was the intent to make it "PD" , why zone it apartment . Commissioner Livengood asked if the Commission could determine that there was no violation if it is a separate project . Mr . De La Loza stated this would be arbitrary. It was the general consensus to approve the conditional use permit and continue the negative declaration and the zone change to the next regular meeting . ON MOTION BY SCHUMACHER AND SECOND BY HIGGINS CONDITIONAL USE PERMIT NO. 83--6 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS , BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL : 1 . The proposed alteration to the circulation plan of Tract No. 9580 will not have a detrimental effect upon the general health , welfare, safety or convenience of persons residing in this tract or adjacent neighborhoods . 2 . The construction of this gate and fence system will not separate said project in a manner which will make either portion nonconforming with the City ' s zoning and/or. General Plan . CONDI'IONS OF APPROVAL: 1 . Prior to the issuance of a building permit for the gate and 1 --3-- 10/04/83 - P.r. !Q` fence system, the applicant shall prepare and record with the County of Orange, a condominium map on the 75 units presently being rented and located on Lot 10 . The site plan received and dated March 2 , 1983 , shall be the approved layout . 2. Covenants , Conditions and Restrictions shall be prepared, approved by the Department of Development Services and recorded for Lot 10 to be in effect upon the first sale of the first unit to an individual buyer within the development . 3 . A knox box system and all gates to be constructed across any existing roadway shall be reviewed and approved by the Huntington Beach Fire Department prior to the issuance of building permits . i 4. A pedestrian accessway shall be provided through the wall on Atlanta Avenue subject to the approval of the Department of Development Services . 5 . The property owners of both projects shall prepare and record revisions to the previously established easements over the appropriate street: in order to assure access to all units Within the project. Said amendments to these easements shall be reviewed and approved by the Department of Development Services prior to recordation. 6 . A swimming pool shall be constructed within the main recreation area on Lot 10 prior to the first sale of the first unit subject to the review and approval of the Department of Development Services . 7 . The property owners of both projects shall prepare and reccrd an agreement for the continuing maintenance of commonly used facilities between Lots 9 and 10. Said agreement shall be reviewed and approved by the Department of Development Services prior to recordation . AYES : Higgins, Winchell, Livengood, Porter , Erskine, Schumacher , Miriahangir NOES : None ABSENT : None ABSTAIN: None ON MOTION BY LIVENGOOD AMD SECOND BY HIGGINS NEGATIVE DECLARATION NO. 83-41 AND ZONE CHANGE NO. 83-12 WERE CONTINUED TO THE OCTOBER 18, 1983 MEETING WITH DIRECTION TO STAFF TO COME BACK WITH ANALYSIS INCLUDING ANNEKATION TO MITIGATE FILING OF NOTICE OF VIOLATION, BY THE FOLLOWING VOTE: AYES: Higgins , Winchell , Livengood, Porter , Erskine , Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None 3r -4- 10/04/83 - P.C. i REGULAR AGENDA ITF V .: CONDITIONAL USE PERMIT NO. 83-22 ; Applicant : Farrell ' s Ice Cream ; A request to add 16 video game machine's in an existing ice cream parlour at 16301 Beach Boulevard. The applicant requested a continuance . ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL CONDITIONAL USE PERMIT NO. 83-22 WAS CONTINUED TO THE SEPTEMBER 71 1983 MEETING , AT REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES : Huggins , Winchell , Livengood , Porter , Mirjahangir ,NOES : Non e rABS ENT s Erskine . Schumacher ABSTAIN: None ZONE CHANGE NO. 83-9/NEGATIVE DECLARATION NO. 83-28 Applicant: Gerald Sy Golob, AIA A request for a change in zone from (Q) C4 to C4 on property generally located south of Warner Avenue, west of "A" Street . The applicant requested a continuance . ON MOTION BY LIVENGOOD AND SECONDED BY WINCHELL ZONE CHANGE NO. 83-9 AND NEGATIVE DECLARATION NO. 83-28 WERE CONTINUED TO THE SEPTEMBER 71 1983 MEETING, BY THE FOLLOWING VOTE: AYES : Higgins , Winchell , Livengood , Porter , Mirjahangir NOES : None ABSENT : Erskine , Schumacher ABSTAIN: None NCONDITIONAL USE PERMIT NO. 63-6 in conjunction with "Notice of '.,Intention to File Notice of Violation on Tract No. 9580" (C.U.P . 83-6 continued from 6-21-83 ) A licant: W & B Builders and Seaside Villa a Townhome Association. A revision to a previously approved CUP to permit the addition of gates and wrought iron, fencing on property located at the security g g 5 P p Y southwest corner of Atlanta Avenue and Beach Boulevard . Michael Strange made the staff presentation . Commissioner Higgins asked staff for the current status an Lot 9 . Mr . t ' t is incorporated into the overall association for Strange stated that i 9 p market rate units . Brief discussion took place regarding a suggestion to include Lot 10 in the CC&R' s. The public hearing was reopened. Frank Thompson, representing W & B Builders and as general partner of Surfside Villas, spoke in favor of granting the request on the CUP. He said that the CC&R' s left Lot 10 -2- 8-16--83 - P .C. out . He said that at the time it was reviewed and approved by the Planning Commission that nothing was detailed regarding the status of Lot 10. He said that our HUD "person" (Steve Kohler) was aware of that. He said we do not either as general partner in Surfside Villas nor as W & B Builders , object to the proposed recommendation on includinS- Lot 10 into the CC&R' s of the condominium development, however, the homeowners do object . He said a zone change request was filed for parking purposes . Regarding the notice of intent to file, he said that he believed he was doing everything possible to work out a system o;: conformity and further stated he would file a condominium map if that was the wish of the Commission . Commissioner Higgins directed a question to the applicant , asking him to explain the separation between Lot 9 and Lot 10. Mr . Thompson stated that in the field there was no separation that the lot line is the ownership line to satisfy rentals . He said separation would not follow that lot line, that would follow the curb line of Main Mast and Admiral. Nancy Schlacter, representing the Seaside Village Townhome Association, stated that the reason for the objection was that when people purchased their condos the maximum was 286 units , that in order to bring in Lot 10 and share the recreation facilities each person would have to go to his lender . She said that a meeting was held on May 4th to go over all this and that the bottom line was to request a zone change and amend the map . I The public hearing was closed . Commissioner Higgins stated that he felt Lot 10 , regardless of the length of time it remains apartments , should stand on its own as a separate project . He said he did not see how Lot 9 could work with either project . Commissioner Livengood said that he supported staff ' s recommendation with location of the gate and he agreed with Mr . Higgins to delete Conditions #1 and 42 . Commissioner Winchell said she was not in favor of allowing increased density, t? - it was an R2 project. She clarified the density of the entire project with the applicant . Commissioner Livengood suggested making a motion to approve the conditional use permit with the deletion of Conditions #1 and #2 with resolution of Lot 9 situation. Commissioner Winchell suggested that a condition be added that Lot 10 must meet the ordinance code .for R2-PD standards prior to issuance of a permit on the fence . Chairman Porter stated that it was not so simple , that maybe it would be if it were just Lot 10. A MOTION WAS MADE BY LIVENGOOD AND SECONDED BY WINCHELL TO APPROVE CUP 83-6 DELETING CONDITIONS #1 AND #2 , #3 BECOMES #1 , #4 BECOMES #2 , #3 STATES LOT 10 MUST CONFORM TO R2-PD, AND ADD #4, IN ONE YEAR THE CUP MUST BE REVIEWED BY STAFF WITH REPORT BACK. TO THE PLANNING COMMISSION. Discussion ensued . Commissioner Livengood stated that the gates should not be the clout the Commission uses . Commissioner Higgins stated he was not satisfied, that units in Lot 9 are hanging in limbo they will become part of Lot 10 . Ile felt the two are not going to work to- gether . However, he stated that Commission should go ahead with the gates to get a temporary separation and make every effort to get a solution to Lots 9 and 10 . Commissioner Winchell asked for legal �a 3- 8- 16-83 - P. C. 5 Y counsel opinion on the bounds of the Planning Commission with regards to their authority to approve anything other than the gates. Art De La Losa stated that the Commission could deny the applicant on the grounds that insufficient basis exists to find that the separated project conforms to the code. However, he said that the other matter should be dealt with first on the possible violation. He suggested that Condition #3 could be amended to address the isoue of Lot 9 and that on Condition #4 the one-year review should specifically state what it is that is going to -be rejected for compliance or whatever . Chairman a descriptionof a ma . Frank Porter asked ,the .applicant to go over the p Thompson stated that the City did not want additional access on Delaware between Main blast and Atlanta because it was intended to by a main artery so access was taken at Main Mast and one of the streets had to be dead endedt the final map has the whole street shown as originally approved . Commissioner Livengood asked if Condition #1 as stated would take care of the violation . Secretary Palin said that the PD ordinance requires the CC&R' s at the end of the project to include everyone in common open space. Commissioner Higgins said that in that case, it appeared that W & B was in default and the CUP should be denied. Commissioner Livengood withdrew his motion to approve the CUP. Commissioner Wi.nchell asked for clarification that they could make the 75 rental units a separate project if they conformed to PD standards . Secretary Palin stated that staff had additional direction to discuss alternatives and would attempt to work out a resolution to removing the notice of violation that was recorded with Orange County . Commissioner Higgins stated that he dial not want Lot 10 as PD unless it was pla.ined as a rental project recognizing its current use . Commissioner Mirjahangir suggested a continuance. Secretary Palin noted for the Commissioner ' s information that a temporary fence around Lot 9 is presently in place. Commissioner Livengood repeated for clarification that Lot 10 would stand alone and buffers built into Lot 9 . A motion was made by Livengood and seconded by Mirjahangir to continue the CUP to the October 4 , 1983 meeting , however , the maker and second withdi. o.w their motion . Commissioner Higgins made a motion to find W & B Builders in default , however , the Chairman stated that a motion was out of order . Mr . Thompson stated that until the project was completed he did not think that a determination of violation could be made . lie suggested a continuance . ON MOTION BY WINCHELL AND SECOND BY 11I%GGINS ACTION ON NOTICE OF INTENT TO FILE NOTICE OF VIOLATION WAS CONTINUED TO THE MEETING OF OCTOBER 4 , 19831 FOR PUBLIC HEARING TO MITIGATE VIOLATION OR TO ADDRESS RECOGNITtON THAT THERE IS A VIOLATION, BY THE FOLLOWING VOTE : j AYES : Higgins , Winchell , Livengood, Porter , Mirjahangir NOES : done ABSENT : Erskine , Schumacher ABSTAIN: None ON MOTION BY LIVFNGOOD AND SECOND 13Y MIRJAHANGIR CONDITIONAL USE PERMLT NO. 83-6 WAS CONTINUED TO THE OCTOBER 4 , 1903 MEETING WITH DIRECTION TO STAFF AS STATED ABOVE, BY THE FOLLOWING VOTE : _.�- 8-16-83 - P.C. AYES : Higgins , Winchell , Livengood , Porter , Mirjahangir NOES : None ABSENT: Erskine, Schumacher ABSTAIN: None CONDITIONAL USE PERMIT NO. 83-18/TENTATIVE PARCEL MAP NO. 63--563/CONDITIONAL EXCEPTION NO. 83-26/NEGATIVE DECLARATION NO. B3-21 Applicant: M. Westland Company, Lee Miller , Partner A request to create an 11-lot industrial subdivision to enable development of a mixed use industrial/commercial/office project with an exception for compact parking at property located at the northwest corner of Gothard Street and Heil Avenue . Jim Barnes gave the staff presentation. He suggested a revision to the staff report on Condition #4 to allow for three driveways onto Gothard and one onto Heil , and recommended deleting Condition #5 , relating to noise, as it had no bearing on this case. There was brief discussion on Lot 11 . It was discovered that the negative declaration was omitted from the staff report. The public hearing was opened. Lee Miller , the applicant, spoke in favor of the application . He said he intends to put additional buildings on Lot 11 in conformance with City standards . He further j agreed with the revisions to conditions suggested by staff . A gentleman from the audience asked the question, "Why do you let us face a heavy industrial zone?" He favored a greenbelt area. He said with the rain , we had a lake in the vacant lot; where does the run off go? Idea Neuenfeldt wanted the condition dealing with noise left in . She said that she did not believe that a setback alone would mitigate the noise . She also was opposed to the application because of the water -runoff problem . Edward Garakian, a resident on Magellan, stated his opposition also citing the water runoff as a problem. Forges Georgaiso stated his opposition again repeating the water problem and also complaining about air pollution from future tenants . The public hearing was closed. Commissioner Mirjahangir asked the applicant if he was going to grade at one time or in phases . The applicant replied that the rough grading would be done all at once ; that the soils report advises him doing as little grading as possible . He said further that the grading plan wary not completed yet . Commissioner Winchell stated that it appeared from the public testimony that drainage was a real concern and asked if Public Works Department was involved . Jim Barnes said that they were involved in the review of the application but found no comments from them on the subject of. drainage. Chtirman Porter requested a calculation as far as the runoff , what kind of safety margin exists plus data on the pump .4 Y -5- 8-16-83 -- P.C. ,�,� t APPROVED ON 7-6-83 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach , California TUESDAY, JUNE 21, 1983 - 7 : 00 PM COMMISSIONERS PRESENT: Higgins , Winchell , Livengood , Porter, Erskine, Schumacher, Mirjahangir CONSENT CALENDAR: ' ON MOTION BY. LIVENGOOD AND SECOND BY HIGGINS , THE CONSENT CALENDAR CON- SISTING OF THE MINUTES OF THE REGULAR MEETING OF JUNE 71 1983 , AND THE GENERAL PLAN CONFORMANCE NO. 83-3 , WAS APPROVED BY THE FOLLOWING VOTE : AYES : Higgins, Winchell* , Livengood, Porter, Erskine , Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN : Winchell (abstained on Item A-1, minutes) REGULAR AGENDA ITEMS : CONDITIONAL USE PERMIT NO . 83-6 Applicant: W & B Builders & Seaside Village Town Home Association (Continued `rom 6-7-83) A request to revise a previously approved conditional use permit to allow the addition of security gates and wrought .iron fencing within a planned residential development located at the southwest corner of Atlanta Avenue and Beach Boulevard. Commissioner Livengood expressed a concern about communication with the tenants in the HUD units . Mr. Bellavia stated that the owner of the rental units was in favor of the proposed changes and that the applicant from Seaside Towne Homes Association had requested a continu- ance to the second meeting in August . Frank Thompson of W & B Builders concurred with Seaside ' s request for a 2 month continuance . Further discussion took place regarding legal notification responsibility as re- lated to the renters ' rights . Commissioner Erskine reiterated the position taken by legal counsel at previous meetings , that the renter ' s had no legal standing. However, Mr. Palin stated that, if it wa s A) H.B. Planning Commission June 210 1983 Page 2 i 4 Now the desire of the Commission, he would dispatch a letter to the renters asking for a uniform position from them and informing them of the re- quested continuance to the second meeting in August . ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR CONDITIONAL USE PER- MIT NO . 83-6 WAS CONTINUED TO THE MEETING OF AUGUST 16 , 1983 , AT THE APPLICANT ' S • REQUEST, BY THE FOLLOWING VOTE: AYES: Higgins , Winchell , Livengood, Porter, Erskine , Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN : None CONDITIONAL USE PERMIT NO. 83-12/NEGATIVE DECLARATIuN 83--16 A licant : Carol Van Asten A request to construct an addition to an existing private day school center located on the north side of Utica Avenue, 365 feet west of Beach Boulevard . Carol Inge gave a slide presentation on the item. The Chairman opened the public hearing. Mel Borgis , a neighbor in the adjacent apartments , expressed his concerns regarding the proposed project, hoti, ver, he consented that a block wall on the north property line between the existing day school and the apartment complex would be a better buffer than what was pro- posed. The applicant , Carol Van Asten stated her desire to cooperate with her neighbors and suggested that problems of "unattended" children could be originating from other areas . She further requested that the Planning Commission approve her request- for expansion with the con- ditions outlined in the staff report . The public hearing was closed . Commissioner Erskine made a motion to approve the CUP and negative declaration with the findings and conditions as outlined by staff. Since there was no second, motion failed for lack of a second. ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL NEGATIVE DECLARA;'ION NO . 83-16 WAS FOUND ADEQUATE AND APPROVED BY THE FOLLOWING VOTE: AYES: Higgins , Winchell , Livengood , Porter , Erskine , Schumacher NOES : None ABSENT: None ABSTAIN: Mirjahangir ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL CONDITIONAL USE PERMIT NO. 83-12 WAS APPROVED WITH THE ADDED CONDITION OF CONSTRUCTING A BLOCK WALL FENCE AT THE NORTH PROPERTY LINE AND THE FINDINGS AND CON-- DITIONS AS OUTLINED BY STAFF AS FOLLOWS , BY THE FOLLOWING VOTE: FINDINGS : 1 . The proposed use is compatible with surrounding land uses and a ORDINANCE NO. b AN ORDINANCE OF THE CITY OF HUNTINGTUN BEACH AMENDING THE HUNTINGTUN BEACH ORDINANCE CURE BY AMENDING SECTION 9061 THEREUF TO YRUVIUE CHANGE OF ZONING ON REAL ,PROPERTY FROM MEDIUM DENSITY RESIDENTIAL CUMBINED WITH PLANNED DEVELOPMENT SUFFIX TO QUALIFIED MEDIUM DENSITY RESIDENTIAL COMBINED WITH PLANNED DEVELOPMENT SUFFIX ON REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF ATLANTA AND DELAWARE STREETS ( ZONE CASE 83--12 ) . WHEREAS , pursuant �o 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 . 83-12 wherein both bodies have carefully considered all information presented at said hearings , and after due consideration 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 witX the general plan , NOW, THEREFORE, the City Council at the City of Huntington beach does ordain as Eollows : SECTION 1 . The following described real property located at the southeast corner of Atlanta and Delaware Streets, is hereby changed tram R2, PD (Medium Density Residential District combined with Planned Development Suffix ) to (Q )R2, PD (Qualified Medium Density Residential District combined with Planned Development Suffix) . Lot 10 of Tract No. 9580 . SEC'rIO!J 2. .N tenLative tract map , conditional use permit , and special permit application shall be filed to create a separate condominium project on the property. j SECTION 3. The Planning Director of the City of Huntington Beach is hereby directed to change District Map 16 (Sectional District Map 14-6-11 ) to incorporate the zone change described in Section 1 hereof, and as said district map shall have been amended, ADL:ps .� 10/25/83 r the same shall be in full force and effect and be a part of the Huntington beach ordinance Code . A copy of said district map, as amended hereby, is available for inspection in the office of the City Clerk . Wo. SECTION 4 . Section 9061 ► District Map 16 thereof , is hereby amended by Zone Case No . 83-12. SECTION 5 . 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 day of 1983. Mayor ATTEST: APPROVED AS TO FORM: City Clerk C ' Attorn REVIEWED AND APPROVED: INITIATED AND APPROVED: r 0 City Administrator i ector, - Development Services f� _ •A 1 October , 1983 Publi sh LW � r 6 � NOTICE OF PUBLIC HEARING BONE_ CASE 33;12_ 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 November , 19 83 . for the purpose of considering a request to change the zoning on property generally located on the south side of Atlanta Avenue, approximately 900 feet wEst of Beach Boulevard (Lot 10, Tract 9580) from R2-PD (Medium Density Residential commined with Planned Development Suffix)tu (Q) 112-PD, Medium Density Residential combined with Planned Development Suffix, and Qualifed Classification. The qualified classification requires the applicant to file a tentative tract map,conditional use permit and special permit to create a separate condominium project or, Lot 10 of Tract 9580. The City Council will also consider Negative Declaration No. 83-41 . A legal description is on file in the Department of Development Services. All interested persons are invited to attend said hearing and express their opinions for or agaftst said zone Case 83-12 & Negative Declaration No. 83-41 Further information may be obtained from the Office of the City Clerk , 2000 Main Street, Huntington Beach, California. 9264L, - (7'14) 536-5227 DATED__ October 26, 1983 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth , .} ,,• Cit; Clerk ` � �/ J/ Publish October 27, 1983 NUTICE OF PUBLIC HEARING ZONE CASE 83-12 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 Mon ay the 7th day of November 19 83. for the purpose of considering a request to change the zoning on property generally k .r located on the south side of Atltlnta Avenue, approximately 900 feet west of Beach Boulevard (Lot 10, Tract 9580) from R2-PD (Medium Density Reside i 1 combined with t`'r R 2-p b/ n►u&W-N It o H.bV -A-k W kAAON M lov pte,rwr�s. r •�`0 q) t o a�; #Ga atfwe-8ec a-r i-etz-Iie:-8'3--41-:----A--1 ega4 's- FQ�V i y-e s -�►•Q r °i PP�''�'�/' o -WC I L&� a► 't-e. s mow- Av o.,e�"'�'c � v'a4— p r E-@epa rjt of 0 opment 5ery4es-, 00-"4 p r ,n%t ft -ro e r-aZt. v. f ors L b�t `f1(CVCT 0191 a N 4. 4S 3 -- 4.1 A- C�.,R,�,G..�.'�-�--� 1 ems► � �,,�,e„�•, Q..� All interested persons are invited to attend said hearing and exprf.ss their opinions for or aga"rnst said Zone Case 83-12 & Negative Declaration No. 83-41 Further information may be obtained from the Office of the City Clerk , 2000 Main Street, Huntington Beach , California. 92648 - (714) 536-52?.7 DATED October 24, 1983_ CITY OF HUNTINGTON SLACH By: Alicia M. Wentworth City Clerk I LEGAL NOTICE NOTICE OF PUBLIC HEARING ZONE CASE NO. 83--12 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City ion of. the City of Huntington Beach, i California, for the purpose of considering zone Change No . 83-12 a request to change the zone on property generally located on the south side of Atlanta Avenue, approximately 900 feet west of Beach Boulevard (Lot 10, Tract 9580) from R2-PD (Medium Density Residential combined with planned development ., suffix) to R2 (Medium Density Residential District) . The P.� g Oo will also consider Negative Declaration No . 83-41 . A legal I description is on file in the Department of Development Services . I Said hearing will be held at the hour of �`•"e"Q' P .M. , on 3 ,Occttober, 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 j express their opinions for or against the proposed Zone Change No . 83-12/ Negative Declaration No. 83-41. Further information may be obtained from the City Planning Department. Telephone No . (714) 536-5271 DATED this 22nd day September,Se tember, 1983 CITY PLANNINC COMMISSION James W. Palin By Secretary Resident CUP 483-6 Resident 7821 Starshell Drive April 6, 1983 (JH) 7811 Neptune Drive Huntington Beach, Calif Huntirxjton Beach, C .lif 92648 92648 Resident Resident Resident 7825 Starshell Drive 7772 Starshell Drive 7815 Neptune Drive Huntington beach, Calif F'umtington Beach, Calif Fhmtington Beach, Calif. 92648 92648 92E48 ' Resident Resident Resident . 7831 Starshell Drive 7776 Starshell Drive 7821 Neptune Drive Huntington Beach, Calif Huntington Beach, Calif Humtington Beach, Calif 92648 92648 92648 Resident Resident Resident 7806 Starshell Drive 7782 Starshell Drive 7825 Neptune Drive Hmti,ngton Beach, Calif Huntington Beach, Calif fhtntin Tton Beach, Calif 92648 92648 92648 Resident Resident Resident 7812 Starshell Drive 7786 Starshell Drive 7806 Nc-ptune Drive Hu,-ttimjton Peach, Calif Huntimitor, Beach, Calif Huntington Beach, Calif 29648 92648 S$lfot 92648 Resident Resident Resident 7816 Starsball Drive 7792 Starshell Drive 7812 Neptune Drive Huntington Beach, Calif Huntington Beach, Calif Huntington Beach, Calif 92648 92648 92648 Resident Resident Resident 7822 Starshcll Drive 7792 Starshell Drive 7816 Neptune Drive Huntington Mach, Calif Huntington Beach, Calif Hmtington Beach, Calif 92648 926413 92648 Resident Resident Resident 7826 Starhhell Drive 7805 Neptmo Drive 7822 M-ptune Drive Huntington Deach, Calif Iluntirxlton Ueachk, Calif. Mmtirxtton Beach, Calif. 92648 92648 92648 Resident Resident Resident 7832 Starshell Drive 7826 Neptune Drive gmtingt�on Beach, Calif FlurttL- 1ton Hach, Calif 92648 92648 f Resident Resident 2W5 Sundown Lary CUP :#83-6 7771 Stacshell Drive Huntitriton fleach, calif April 6, 1983 (JH) Huntington Beach, Calif. 92648 92648 r Resident Resident Resident 21085 Suncbwn Lane 21061 Sundown Lane 77.75 Starshell Drire Huntington Beach, calif 8ngtor, Beach, Calif Huntington Beach, Calif . 92648 .2648 Resident Resident Resident ,2i091 Sundown Lane 21065 Sundown Lane 7781 Starshell Drive Fiumtington Beach, Calif Huntington Beach, Calif Huntington Beach, Calif 92648 92648 92648 Resident Resident Resident 21095 Sundown Lane 21071 Sundown Lane 7785 Starshell Drive Huntington Beach, Calif Huntington Beach, Calif Huntington Beach, Calif 92648 92648 92648 Resident Resident Resident 21101 Sundown Lane 21021 Sundown Lane 7751 Stershell Drive Huntington Beach, Calif Huntington Beach, Calif Huntirx tcn Beach, Calif 92648 92648 92648 Resident Resident Resident 2405 Sundown Lane 21025 Sundown Lane 7795 Stershell Drive Huntington Bach, Calif Huntington Beach, Calif Huntirxfton Beach, Calif 92648 92648 92648 Resident resident Resident 21045 Sundownlaw la 21027 Sundown bane 7805 Starshell Drive tf mtington Bach, CaLif Hunt inrXton Bach, Calif ,Hunti 92648 92G48 Q.2648 n9tun Beach. Calif Resident: Resident 21051 Sundown Lane Resa�3ent 21031 SundoMm L 7811 Starshell Drive ,Hnitington Ebach, Calif Huntington Beach, Calif Huntington Beach, Calif 92648 92646 92748 Res'idrent Resident Rcsident 21055 Sundown Lane 21035 Sundown tine 7815 Starshell Drive �untin ton Th�ch, c 2if Huntington Beach, Cali E tjr 9259d 9264Q ritm Beach, Calif 9264A /I hyI-"Y, - 1 7 r Resident Sidert 7812 `Bayport Drive CUP #83-6 76 Seaglen Dti Htmtir�gton Beach, Calif April 6, 1983 (ill) tingtm Reach Calif 92648 92 48 Y A- Residen side t I� � Res t 41ve 7816 Ba rt Dri ?5 glen 'e �,7782 Seaglen Huntingt Beach, Calif �H frog n Beac Calif �haati an Beech. Calif 92648 9 648 t J2648 Resident Re nt Resident .7822 Ba ve 780 Seag en Drive 7786 en Drive Huntir gton h, Calif Hun _ � ach, Calif Hunti Beach, Calif 92648 9264 ii 92648 � 1 Residt Reside 7826 Bayport ive 7812 Drive Resi t Hunting Eitt�tiTx3ton ton ; ch, Calif Hunts ch, Calif 779 K3tM c'.alif en 've 92648 �. 92648 h, 9 .548 j` Resident Resident 7801 'Seagle Drive 7822 ` Drive silent Huntirr t= CA, calif Hunti ch, Calif 7796 SeAg;en Dri Hunti92698 92648 gnogton Bich, lif 1 Rmiden�t Reside t . Resident 7805 Seag n Drive 7816 glen ve 21117 Swicbvn Lary Hunti Beach, .Calif FUntit , Calif . 92648 92648/ 9264 mjtcrl Beach, Calif IIt �t Resider: Resi rtt 7811 len Drive Calif7826 aglen v+e R+e$ident . [stints Beach, li Hun 'ngbcn E3eac if f 21121 Slaidc7wm harts 92648 9264 48Hunti Bch, Calif 92648 Resi t Re t 7815 . len Drive 783 aglen Dr 21125 Su tfi�nti Beach, Calif Hurt n n ©ea Calif 21125 SZmdo►�m Lane 9264 � 92 1N Htmtiiigt¢t Beach, Calif 92648 1 dent. R$ dent Iassidettt 78 Seglen Drive 7772 Seaglen Dri E Beach, �11f Fiuntitx7tcm f3e+ach, Calif 2I13I St�tYk>�t Lane 92G48 92648 �UrIqtm Beach, Calif . 92648 Resident Resident 7811 nayport Drive CUP P83-6 7781 Seactlen Drive Huntington Beach, Calif April 6, 1983 (JH) Huntington Beach, Calif 92648 92648 Resident Resident Resident 7815 Bayport Drive 7795 Bayport Drive 7785 Seaglen Drive Huntington Beach, Calif Huntington Beach, calif Ehmtirx ton Beach, Calif 92648 92648 92648 Resident Resident Resident 7821 Ba;W' rt Drive 7772 Bayport Drive 7791 Seaglen Drive MmtincJton Reach, Calif Huntinrton Mach, Calif Huntington Beach, Calif 92648 92648 92648 ResidFmt Resider:: Recreation Building 7825 Bayport: Drive 7776 Bayport Drive 7836 Maimwt Drive Wntington Roach, Calif I-huntington Beach, Calif Huntington Peach, Calif 92648 92648 92648 I Resident Resident Recreation Building 7771 BajWrt Drive 7782 Bayport Drive 7795 Neptune Drive IhmUrx;ton Beach, Calif P.mtincfton Beach, Calif Hun 92648 92648 ��� Deaeh, Calif 92648 Resident: Resident 7.775 Bayport Dive 7786 Bayport Drive Huntington Beach, Calif Huntington Beach, Calif 92648 92648 Resick.nt Resident 7785 :Baypott Drive 7792 Bayport Drive t-hulUn ton Beach, Calif Huntington Beach, Calif 92648 92648 Resident Resident 7781 Dayport• Drive 7771 Seaglen Drive Huntirxjton Reach, (Dalif Huntington Beach, Calif 92648 92648 Resident Resident 7791 Bayport Drive 7775 Seaglen rive Huntington Beach, Calif Fluntin{tm Beach, Calif 92648 921648 C J Publish October 279 1983 NOTICE OF PUBLIC HEARING ZONE CASE 83-12 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 Mga0ay the i ,fit day of November 19 83. for the purpose of considering a request to change the zoning on property generally located on the south side of Atlanta Avenue, approximately 900 feet west of Beach Boulevard (Lot 10, Tract 9580) from R2-PD (Medium Density Residential combined with planned development suffix) to R2 (liedium Density Residential District) The City Council will also consider Negative Declaration No. 83-41 . A legal description is on file in the Department of Development Services. 't All interested persons are invited to attend said hearing and express their opinions for or aga"11ist said Zone Case 83-12 A Negative Declaration No. 83741 Further information may be obtained from the Office of the City Clerk, 2000 Main Strc.et, Huntington Beach , California. 92648 - (714) 536-5227 DATED, Dctotier 24, 1983 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk M ' L ' CITY OF HUNTINGTON BEACHwnlea ally Attorney RFQ!lEST FOR LEGAL SERVICES cararY city clInbtrator tea Pink GtY Goldanrad papartlinntal MLWTI,%G"314CH Brae Repuast Mode By Aeppertment Votober 24 ?:3 ,l�irnes !�'. t'a7.�n r:��•Fsctor :�taV�S. ;���: �; _zt'1 I INSTRUCTIONS: He request in the City Attomey's Office as soon as possible.Print or type facts necessary for City Attorney.Out- line briefly reasons for the request. Attach all information and exhibits pertinent to the subject. I Type of L9WI Service Requested: G(] Ordinance i ] insurance [ l Other O Resolution [ ] Bands ( ] Contract/Agreement ( J Opinion All exhibit: must be attached, or this request will bo returned to you. 1;(7 3- :; ) :; .. [ j Exhibits Attached At: the ()t:tt:O�Jer 18 , 19U i 1ariniY'C� (. ':+i;�::+I on I;' '�: t1.''�+_i ��1'� ��C)Ii�iiii isi on acted Or. [CAC �..'.[�z nc ic, �,;�;,• � �-.} 2 by :1C'I!1 �. . L: ���)�:�.?c.. .t ' s rr'quest tC) change the zoning on Lr.` 1 o 'i..u��tr. }�t: : . '�r. ��2 - �1 � tc R_) ^`i cc,mitis sic)% a"so �:���►?ll %:' '+',:'+ + }�1:,. it- fl�".t l.;'.:::_..1 I cr.tinl�r '�O t: e 7i;' �}.i.St:i,1.iCj R?.--PD . oninq- r - s _ a r r,? i n Y'': C �.+.:c t:l this Chant e c nd addinq �C,dS@ j.?d.'E.1)c]rf., � l�"ti� a.5� C1 O_ .,�i+c�l. CC' - '� - the. followin card i tic., to t l _in P.2- r'D zone 1 . A tcnt.at Vi: t_r,-3ct :.q, r r0r.,j� t ..c,i:�l tzaf. rTarinit, an+3 special r�axrli >r 11.catic►: sloe-11 r)r : . pert r?r; F t 10 of 'Tract 9 ,9t", to Croat ti z. t.:0rd!!-.J.T"1inm T- r ' 'ct or, the This iten) i:: s::h0-Jvllo fnr 7.t you havc- C vi--,' g1-io;` .lor's rer' 1:(31.Jiq tht. .; CUitG�i.. Mlike st-::-i31'1tn at 5571 . you for _Your_ Jwl-' : SPS :(af:• I ' Attachment If for Council Action. if not for i:nnnail action.darirai completion date S68twe: 0otober 27 , 1983 lyetwla w.dlina Noti �e ;6r /,, 1�8 3 Cpwp�il eileeting �-r •.,� f►fu .rnr