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HomeMy WebLinkAboutZoning Map Amendment - ZC 96-2 - Negative Declaration 96-3 - CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 6, 1996 Orozco-Keller &Associates 19671 Beach Boulevard, Suite 300 Huntington Beach, California 92648 Dear Mr. Orozco: The City Council of the City of Huntington Beach at the regular meeting held October 7, 1996 approved introduction of Ordinance No. 3338 Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending District Map 24 (Sectional District Map 21-5-11) to Rezone the Real Property Generally Located at the Northwest Corner of Warner Avenue and Airport Circle from CO (Office Commercial) to CG (General Commercial) (Zoning Map Amendment No. 96-2). Enclosed is a copy of Ordinance No. 3338 for your records. If you have any questions regarding this matter please call the Office of the City Clerk (714) 536-5227. Connie Brockway City Clerk CB/jc CC: Melanie Fallon Enclosure: Ordinance 3338 g:follow-up/frmltr Ord.3338:jc (Telephone:714-536-5227) • ORDINANCE NO. 3338 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING DISTRICT MAP 24 (SECTIONAL DISTRICT MAP 21-5-11) TO REZONE THE REAL PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF WARNER AVENUE AND AIRPORT CIRCLE FROM CO (OFFICE COMMERCIAL) TO CG(GENERAL COMMERCIAL) (ZONING MAP AMENDMENT NO. 96-2) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Map Amendment No. 96-2, which rezones the property generally located at the northwest corner of Warner Avenue and Airport Circle from"CO" (Office Commercial) to "CG" (General Commercial); and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Zoning designation of the real property hereinafter described in Section 2 hereof, and shown on District Map 24 (Sectional District Map 21-5-11) attached, is hereby changed from"CO" (Office Commercial) to "CG" (General Commercial). SECTION 2. The real property subject to this ordinance is generally located at the northwest corner of Warner Avenue and Airport Circle, and described as follows: i I 1 , - 4/s:PCD:Ordinance:AmdMap24 RLS 96-683 PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 3, PAGE 31 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA SECTION 3. Huntington Beach Zoning and Subdivision Ordinance Section 201.04B District Map 24 (Sectional District Map 21-5-11) is hereby amended to reflect Zoning Map Amendment No. 96-2 as described herein. The Director of Community Development is hereby directed to prepare and file an amended map. A copy of said district map, as amended, shall be available for inspection in the Office of the City Clerk. SECTION 4. This ordinance shall take effect thirty days after passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day of October 1996. Mayor ATTEST: APPROVED AS TO FORM: 4V4�- Z" — City Clerk CityAttoped b REVIEWED AND APPROVED: INITIATED AND APPROVED: Y? ty City Administrator Director of Community Develo nt 2 4/s:PCD:Ordinance:AmdMap24 RLS 96-683 Ord.3338 Ord. No. 3338 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 7th of October, 1996, and was again read to said City Council at a regular meeting thereof held on the 21st October, 1996, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been published in the Independent on �i 19 /�7LILG�i In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California G/ordinanc/ordbkpg 10/23/96 �0 - o LUG �I fo Council/Agency Meeting Held: iO4-7L46 Deferred/Continued to: O'Appro ed Conditionally Approved ❑ Denied City Clerk's Sig ure �- Council Meeting Date: October 7, 1996 Department ID Number: CD 96-49 io a/ 9(. ".333 g 7-0 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr / Cif PREPARED BY: MELANIE S. F,ALLON, Director of Community Development );Z&, `moo . 3339 SUBJECT: ZONING MAP AMENDMENT (ZONE CHANGE) NO. 96-2/NEGATIVE DECLARATION NO. 96-3 (MCDONALD'S RESTAURANT) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment( Statement of Issue: Transmitted for the City Council's consideration is Zoning Map Amendment (Zone Change) No. 96-2 which represents a request by Orozco-Keller & Associates, to permit a zone change from CO (Office Commercial) to CG (General Commercial) on a 37,500 square foot parcel located at 5095 Warner Avenue (at the northwest corner of Warner Avenue and Airport Circle). The zone change is requested in order to construct. a McDonald's Restaurant with a drive through window. Negative Declaration No. 96-3 is also transmitted for the Council's consideration. Planning Commission and staff are recommending approval of the request. Fundinq Source: Not applicable. ;r Recommended Action: Planning Commission and Staff Recommendation: n �sC3 S Motion to: cn 1. "Approve Negative Declaration No. 96-3 (Attachment No. 5);" and 2. "Approve Zoning Map Amendment No. 96-2 with findings (Attachment No. 1) and adopt Ordinance No. (Attachment No. 2)." RRUEST FOR COUNCIL ACTI( MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: CD 96-49 PLANNING COMMISSION ACTION ON AUGUST 13. 1996: THE MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO APPROVE NEGATIVE DECLARATION NO. 96-3, CARRIED BY THE FOLLOWING ROLL CALL VOTE: AYES: Holden, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: Gorman, Tillotson ABSTAIN: None MOTION PASSED THE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO APPROVE ZONING MAP AMENDMENT 96-2 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, CARRIED BY THE FOLLOWING ROLL CALL VOTE: AYES: Holden, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: Gorman, Tillotson ABSTAIN: None MOTION PASSED The Planning Commission also approved Conditional Use Permit No. 96-25 with findings and conditions of approval by the same roll call vote. The Conditional Use Permit was to allow the development of the proposed McDonald's Restaurant with a drive through window, subject to approval of Zoning Map Amendment No. 96-2. Alternative Action(s): The City Council may make one of the following alternative motions: A. "Deny Zoning Map Amendment No. 96-2 with findings." B. "Continue Negative Declaration No. 96-3 and Zoning Map Amendment No. 96-2 with direction to staff." CD96-49.DOC -2- 09/26/96 4:10 PM RRUEST FOR COUNCIL ACTS MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: CD 96-49 Analysis: A. Project Proposal: Applicant: Xavier Orozco, Orozco-Keller Associates, Huntington Beach Property Owner: Dr. Enrique Chang, Huntington Beach Location: 5095 Warner Avenue (northwest corner of Warner Avenue and Airport Circle) Zoning Map Amendment No. 96-2 is a request by Xavier Orozco for a zone change from CO (Office Commercial) to CG (General Commercial), in order to construct a McDonald's restaurant with a drive through window. The restaurant was the subject of Conditional Use Permit No. 96-25, which was approved by the Planning commission on August 13, 1996, subject to the Council's approval of Zoning Map Amendment No. 96-2. The restaurant will be constructed in two (2) phases. The first phase will include a drive through and outdoor dining patio. The second phase will replace the outdoor dining area with an indoor children's playland. B. Planning Commission Meeting: On August 13, 1996, the Planning Commission acted to recommend approval of the subject request (Attachment No. 3). The applicant was the only one to speak and he discussed a wall issue C. Issues 1) General Plan Conformance: The proposed zoning map amendment from CO (Office Commercial) to CG (General Commercial is consistent with the goals and objectives of the City's General Plan and the Land Use Element designation of General Commercial on the subject property. The following General Plan policies support the applicant's request. LU 2.1.2 Require that the type, amount, and location of development be correlated with the provision of adequate supporting infrastructure and services. The proposed project can be provided with adequate infrastructure and services. The zoning map amendment will not change the density or intensity of commercial development that would already be permitted on the site. The zoning map amendment is required only to add the drive through feature to a fast food restaurant. CD96-49.DOC -3- 09/26/96 4:10 PM RRUEST FOR COUNCIL ACTIN MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: CD 96-49 LU 10.4.1 Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. The proposed structure will be architecturally compatible with surrounding commercial uses, and the site layout will comply with the Huntington Beach Zoning and Subdivision Ordinance. CE 7.3.1 Require that new development include landscaping that is compatible with the visual character of the designated scenic highways and corridors. This section of Warner Avenue is designated as a landscape corridor in the Circulation Element of the General Plan. The applicant will be providing more than double the required amount of landscaping on the site. 2) Zoning Compliance: The proposed zoning map amendment from CO (Office Commercial) to CG (General Commercial) is consistent with the existing uses in the area. The properties to the east, west, and south are currently designated for and developed with commercial retail and office uses. The property to the north is zoned for Medium Density residential development, which is compatible adjacent to commercial uses. Without the proposed zoning map amendment, the applicant would be able to propose a fast food restaurant without a drive through lane. The CG zone will allow the addition of the drive through. The proposal complies with the required development standards of the CG zone, as noted in the zoning conformance matrix contained in the Planning Commission staff report dated August 13, 1996 (see Attachment No. 4). 3) Compatibility: The proposed zone change and restaurant will result in typical types of commercial activity at a currently vacant site, including noise from vehicles and patrons, lighting, and food odors. Given the commercial nature of the surrounding area and the existing traffic volumes on Warner Avenue, these impacts should not be significant or incompatible with the area. Standard conditions of approval attached to the conditional use permit, together with the proposed site layout, will ensure compatibility. The residentially designated property to the north is located 154 feet from the restaurant building, and if necessary, can be designed to further buffer the residences upon its development. Environmental Status: Staff has reviewed the environmental assessment and determined that no significant impacts are anticipated as a result of the proposed project that could not be mitigated to a level of insignificance with proper design and engineering. Subsequently, Negative Declaration No. 96-3 (Attachment No. 5) was prepared pursuant to Section 240.94 of the Huntington Beach Zoning and Subdivision Ordinance and the provisions of the California Environmental Quality Act (CEQA). CD96-49.DOC -4- 09/26/96 4:10 PM i RRUEST FOR COUNCIL ACTIA MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: CD 96-49 The Department of Community Development advertised draft Negative Declaration No. 96-3 for twenty (20) days commencing on June 27, 1996, and ending on July 16, 1996. No comments, either verbal or written were received. The Planning Commission approved Negative,Declaration No. 96-3 in conjunction with their approval of Conditional Use Permit No. 96-25 and their recommended approval of Zoning Map Amendment No. 96-2. Prior to any action on Zoning Map Amendment No. 96-2,* it is necessary for the City Council to review and act on Negative Declaration No. 96-3. Summary: Staff is recommending approval of the proposed zoning map amendment for the following reasons: The proposed project will not have any significant adverse environmental impacts. With standard conditions of approval attached to the associated conditional use permit and the proposed site design, all concerns are mitigated to a level of insignificance. The proposed zoning map amendment is consistent with the existing General Plan designation of General Commercial, with surrounding zoning, and with existing development in the surrounding area. The proposed use of the property for a restaurant with a drive through window is consistent with surrounding commercial uses and will not be detrimental to property or uses in the area or the City in general. Attachment(s): NumberCity Clerk's Page...... ... .... . . ....... ..... ....... _.._ . ....... ...... ....... ........ ..... ...... ... .......... ... .... 1. Findings of Approval for Zoning Map Amendment No. 96-2 2. Ordinance No. 3330 3. PlanningCommission Minutes dated August 13, 1996 9 4. Planning Commission Staff Report dated August 13, 1996 5. Negative Declaration No. 96-3 CD96-49.DOC -5- 09/26/96 4:10 PM PLANNING EXHIBIT A DM 24 `' ECTIONAL DISTRICT MAP 21-5-II ADOPTED RPRLL 1,1960 NOTE: i LApRNO COMMISSION RESOLUTION •,L f.rt wfawf All..r>LT. 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VIE- CR CO CL 4 '� 1 Q 1 V Q Q I RI o. - f -FP2 —..� — RNER Change zoning from CO (Commercial Office) »ri a et to CG (General Commercial) ZONING MAP AMENDMENT NO. 96-2 T H E O R A N G 6 c O U N T Y ef er This space is for the County Clerk's filing stamps, 625 N.Grand Ave.,Santa Ana,CA 92701 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, ss. PUBLIC NOTICE County of Orange, NOTIC OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HERESY GIVEN that on Monday. October 7, 1996, at 7:00 PM In the City Council Chambers,2000 Main Street,Huntington Beach,the City Council will hold a public hearing on the following Item: ZONING MAP AMENDMENT NO. 96/2/NEGATIVE DECLARATION NO. 96-3 (MCDONALD'S RESTAU- I ant a citizen of the United States and a resident I RANT):APPLICANT:Xavier Orozco,Orozco-Keller&Associates.REQUEST:Zoning Mopp Amendment ,,one Change)from CO(Office Commerciai)to CG(General Commercial)on a 37 500 square foot parcel iihn order to construct a McDonald s retouront with a drive-tnru lane..LOCAtIONS:5095 of the County'u`vrc3a)d; ) aIT, over the age of Warner Avenue(northwest corner of Warner Avenue and Airport Circle).PROJECT PLANNER:Laura lPhillips. eighteen years.and not a party to Or interested in. NOTICE IS HEREBY GIVEN that an Initial environmental assessment for the above Item was N processed and completed in accordance with the California Quality Act.It was determined that It the above entitled.matter. 1 am the Principal clerk _would not have any significant environmental effects.and that a negative declaration Is war- ranted.Prior io aciing on the Zoning Map Amendment,the City Council must review and act on the of the printer of The Orange County'Register.a negative declaroflon.The environmental assessment is on file at the Ciry of Huntington Beach a Community Development Department,2000 Main Street,and Is available for public inspection newspaper of general circulation,published in and comment by contacting the Community Development Department,or by telephoning 1714) 536-5271. the Clt)'of Santa Ana,County of orange and ON FILE:A copy of the proposed request Is on file In the C17 Clerk's Office,2000 Main Street, Huntinggton Beoch,California 92648,for Inspection by the publ c.A co VV of the staff report will be available to interested parties at the City Clerk's Office after October 3p1996. which newspaper has been adjudged a ALL INTERESTED PERSONS are Invitled to attend said hearing and express opinions or submit evidence for oryagainst the-application as outlined above.ITY you challenge the City Council's newspaper of general circulation by the Superior action In court.dou may be limited to raising on those issues you or someone else raised at the public hearing escribed in this notice,or 19 wit en correspondence delivered to the 07 at,or Court of the County of Orange,State of I rior to the public hearing.If there are any further questions,please call the Planning Div sion at 536-5DI and refer to the above Item.Direct you)wYrihen communications to the City Clerk. Connie CIt IofHuntlas onlBeach California under the date of November 29, 1905. yy a i� Case Number A21046 that the notice of which HuntingtonEleact a211tornlaa9264E the annexed is a printed copy,has been Publish:September 27,1996 (71d)586-5227 Published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: r ' 1 Septenber 27, 1996 " Project _ Y L_— i certify(or declare)under penalty of perjury t __ that the foregoing is true and correct. I — - Executed at Santa Ana,California. = a.•- •� r i Date....October J......................19-----96. �I _._i. III=- Signature - �' vlcNtrr MAP ZC 96-2/EA 96-3 T H E O R A R G " C Oy T Y This space is for the County Clerk's filing stamps. 625 N.Grand Ave..Santa Ana,CA 92701 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFOMA, Ss. PUBLIC NOTICE NOTICE OF PUBLIC HEARING County of Orange, BEFORE THE CiTY COUNCIL OF THE CITY OF HUNTINGTON BEACH Chambers,HEREBY GIVEN Street HuontinMonday, to dB a h,the City Council will hold a public the on the following item: 20NING M AMENDMENT NO. %2)NEGATIVE DECLARATION NO. 96-3 (MCDONALD'S RESTAU- RANT):APPLICANT:Xavler Orozco,OOrozco-Keller&Associates.REQUEST:Zoning Mopp Amendment if iZone Chanfla)from CO(Office Commercial)to CG(General Commercial)on a 37 500 sQuare I am a citizen of the United States and a resident on parcel fn ortler to construct a McDonald s retaurant with a drive-thru lane.LOCAf10NS:5095 Warner Avenue(northwest corner of Warner Avenue and Airport Circle).PROJECT PLANNEI2:Laura of the County aforesaid;I am over the age of Phillips. NOTICE I$ HEREBY GIVEN that an Initial environmental assessment for the above item was eighteen years.and not a party to or Interested In processed and completed in accordance with the California Qualtly Act.It was determined that It N would not have any significant environmental effects and that a negative declaration is war- the above entitled matter.1 am theprincipal clerk ranted.Prior to acting on the Zoning Mo Amendment,the Clffv Council must review and Oct on the ComamunityDevelopmentDeparttment,2000 MaineStree,and Is dvaellebile forHaaubll'inspection of the printer of 7�te Orange County Register.a and comment by contacting the Community Development Department,or by teiephoning•(714) 536.5271, newspaper of general circulation,published in ON FILE:A copy Of the proposed request Is on file In the Ciiy Clerks Office,2000 Main Street, Huntington Beach,California 92648,for Ins eCtlan by the public.A cop of the staff report will be avaua p yy the city of Santa Ana,County Of Change,and le to interested parties at the City Clerk's Office after October 3,1996. ALL INTERESTED PERSONS are Invitied to attend sold hearing and express opinions or submit which newspaper has been adjudged a evidence for or against the application as outl[ned above.R you.challenge opinions COUnCII 5 p actionin couQ you may be Ilml etl to raising only those Issp s you or someone else raised1yat the newspaper Of general circulation by the Superior ppp!orlIohme pubilcsheall ' It Iis store arty turwther questions^pleases aeli�,e Piano he p of l n at 536-5271 and refer to the above Item.Direct gout whiten communications to the City Clerk. Court of the County of Orange,State of ' Connie Brockwa ,CHy clerk California under the date of November 29. 1905. good M-1.H.Stisi aFi o[ Huntington Beach California 92648 Case Number A21046 that the notice of which ` Publish;September 27,1996 (714)dfb-8227 the annexed is a printed copy,has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: � ! rl Septetber 27, 1996 - Project »y < I l r 1 certify(or declare)under penalty Of perjury that the foregoing is true and correct. Executed at Santa Ana.California. J s rrw Date....OC.tobe►".1.......................19..-.. N4N�[C W[ 1 Signature [A viGrNnY MAP ZC 96-2/EA 96-3 ...«tom' � • • ,> I C� independent THURSDAY,OCTOBER 3, 1996 I ' { I ' C r I NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH I NOTICE IS HEREBY GIVEN that on Monday, October 7, 1996, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the • following item i j. ZONING MAP AMENDMENT NO. 96-2/NEGATIVE DECLARATION NO. 96-3 I (MCDONALD'S RESTAURANT). Applicant: Xavier Orozco, Orozco-Keller & Associates Request: Zoning Map Amendment (Zone Change) from CO (Office Commercial) to CG (General fCommercial) on a 37,500 square foot parcel in order to construct a McDonald's restaurant with a `I drive-thru lane. Location: 5095 Warner Avenue (northwest corner of Warner Avenue and Airport fCircle). Project Planner: Laura Phillips NOTICE IS HEREBY GIVEN that an initial environmental.assessment for the above item was processed I and completed in accordance with the California Quality Act. It was determined that it would not have any f significant environmental effects and that a negative declaration is warranted. Prior to acting on the Zoning I Map Amendment, the City Council must review and act on the negative declaration. The environmental assessment is on file at the City of Huntington Beach Community Development Department, 2000 Main Street, and is available for public inspection and comment by contacting the Community Development Department, or by telephoning (714) 536-5271. fON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, I Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be ' available to interested parties at the City Clerk's Office after October 3, 1996. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in'court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Division at 536-5271 and refer�to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 . II. (714) 536-5227 E I See map on next page I I - i I ' -- i THURSDAY,OCTOBER 3, 1996 Independent - � I - i I - I 1 . 1 • ` g Q ' wc,ALD ON a siw°mt � I • I I VA"cm Uau Project s vourr°m / I .n�ua I �' II •--�� •Lm1A)tAlOIST j Q""4 CA � I ST. nAavK t,7 0 nvG e ■ • � is WARNEP. AVE z ' J I . I iLu w I DUN OR iZ 1 . 1 I VICINITY MAP Adft aR � • ZC 96-21EA 96-3 HUT.77NaTON BEACH P[ANNINO DIVISION PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the 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 below entitled matter. i am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: October 3 , 1996 1 declare, under penalty of perjury, that the foregoing is true and correct. Executed on - October 3 , 1996 at Costa Mesa, California. Signature � ,00 C� Independent THURSDAY,OCTOBER 3, 1996 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, October 7, 996, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following item ZONING MAP AMENDMENT NO. 96-2/NEGA IVE DECLARATION NO. 96-3 (MCDONALD'S RESTAURANT): Applicant: Xavier Orozco, Orozco-Keller & Associates Request: Zoning Map Amendment (Zone Change) from CO (Office Commercial) to CG (General Commercial) on a 37,500 square foot parcel in order do construct a McDonald's restaurant with a drive-thru lane. Location: 5095 Warner.Avenue (northwest corner of Warner Avenue and Airport Circle). Project Planner: Laura Phillips NOTICE IS HEREBY GIVEN that an initial environmental.assessment for the above item was processed and completed in accordance with the California Quality Act. It was determined that it would not. have any significant environmental effects and that a negative declaration is warranted. Prior to acting on the Zoning Map Amendment, the City Council must review and act on the negative declaration. The environmental assessment is on file at the City of Huntington Beach Community Development Department, 2000 Main Street, and is available for public inspection and comment by contacting the Community Development Department, or by telephoning (714) 536-5271. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after October 3, 1996. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited-to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Division at 536-5271 and refer-to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 See map on next page � 5 THURSDAY,OCTOBER 3, 1996 Independent s 1 FKA =040mt sm v�Rmc _ Project . • � ` 0 ADA>a - t J •Pm1ATlAl0I34 Ott a- D•�C / e XMAWM j� PUNM71C 4I ST• Q A�aartoN u , Q , N �. J / ` 0.�vCF A N( 3 r WARNER. AVE EL • J W v DUNS Ot a li w ® VICINITY MAP i ZC 96-2/EA 96-3 !� HUI`'TTNGTON BEACH PLANNING DIVISION r • • PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the 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 below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: October 3 , 1996 I declare, under penalty of perjury, that the foregoing is t1 ue and correct. Executed on October 3 199 6 at Costa Mesa, California. Signature chard Harlow, 211 B Main Street, representing the applicant, spoke in regards to on-public hearing Item D-1 on the agenda, Conditional Use Permit No. 95-93 and ariance No. 95-28. He stated that the applicant is diligently pursuing compli ce with the conditions of approval. He stated that the applicant had filed a street i rovement plan to the Public Works Department and was told that would adeq tely cover the grading plan requirement. Commissioner S aker asked Counsel Paul D'Alessandro what was legally required of him wh he receives a correspondence regarding an application to be heard by the Planning ommission. Paul D'Alessandro, Deput City Attorney, stated that correspondence between a government office and the p lic is not considered privileged information and should become part of the pub record. He stated that the law disfavors a government official having know dge of a project that no one else has, especially if that knowledge would have a bea ' g on your opinion. When you receive a letter from the public or visit a site yo should disclose that to the public. Commissioner Speaker stated for the reco that he had visited BMWK Auto to clarify his questions regarding the drainage lems on the property. He stated that while he was touring the site he did notice hat the adjacent building, belonging to Robert Cronk, was also showing so a signs of disrepair and drainage problems. He further stated that the issues being b ught forth were due to these adjoining property owners disagreeing and felt the Co ssion was being used to settle the dispute. B. PUBLIC HEARING ITEMS B-1 ZONING MAP AMENDMENT NO. 96-2/CONDITIONAL USE PERMIT NO. 96-25/NEGATIVE DECLARATION NO. 96-3 (MCDONALD'S RESTAURANT): APPLICANT: Xavier Orozco LOCATION: Northwest corner of Warner Avenue and Airport Circle (north side of Warner Avenue, west of Meadowlark Shopping Center). PROJECT PLANNER: Laura Phillips • Zoning Map Amendment No. 96-2 and Conditional Use Permit No. 96-25 constitute a request by Xavier Orozco for a zone change from CO (Office Commercial) to CG (General Commercial), in order to construct a McDonald's restaurant in two (2) phases. The first phase will include a drive through and outdoor dining patio. The second phase will replace the outdoor dining area with an indoor children's playland. PC Minutes-8/13/96 2 (pcm055) • • STAFF RECOMMENDATION: Staff is recommending approval of the proposed project for the following reasons: • The proposed project will not have any significant adverse environmental impacts. With standard conditions of approval and the proposed site design, all concerns are mitigated to a level of insignificance. • The proposed zoning map amendment is consistent with the existing General Plan designation of General Commercial, with surrounding zoning, and with existing and proposed development in the surrounding area. • The proposed use of the property for a restaurant with a drive through window is consistent with surrounding commercial uses and will not be detrimental to property or uses in the area or the City in general. • The site plan provides for adequate circulation and parking for both phases of development. • The site plan provides for more than twice the required amount of landscaping, consistent with recent development in the area, and the designation of Warner Avenue as a landscape corridor in the General Plan. THE PUBLIC HEARING WAS OPENED. Robert Lombardi, 4370 La Jolla Village Drive, #800, San Diego, construction manager, stated that he supported staffs report and recommendation with the exception of Condition No. I.c. He is concerned with the requirement that the height of the wall to the west must be eight (8) foot high. The surrounding walls will only be six (6) feet high and he is concerned this will be inconsistent and have a negative visual impact. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Kerins asked staff to comment on the wall being inconsistent with the other walls as pointed out by the construction manager. Staff stated that the eight (8) foot high wall would separate the proposed restaurant use from future residential uses better than a six (6) foot high wall. Staff suggested the condition be revised to read that the applicant be allowed to build a six (6) foot high wall with the condition that an additional two (2) feet be added when residential development occurs. PC Minutes-8/13/96 3 (p=055) • A MOTION WAS MADE BY LIVENGOOD, SECOND BY BIDDLE, TO APPROVE NEGATIVE DECLARATION NO. 96-3, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: Gorman, Tillotson ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECOND BY SPEAKER, TO APPROVE ZONING MAP AMENDMENT NO. 96-2 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: Gorman, Tillotson ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECOND BY SPEAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 96-25 WITH FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: Gorman, Tillotson ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL-ZONING MAP AMENDMENT NO. 96-2: 1. The proposed zoning map amendment from CO (Office Commercial) to CG(General Commercial) is consistent with the objectives, policies, general land uses and programs specified in the General Plan because it provides for a compatible land use that can be provided with appropriate levels of service. The zoning map amendment is consistent with the following goals: PC Minutes-8/13/96 4 (p=055) • • • L UI -Achieve development that maintains or improves the city's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. • LU7-Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. • LU10 -Achieve the development of a range of commercial uses. 2. A community need is demonstrated for the proposed zone change because it will allow for more commercial opportunities to service existing and proposed residential uses in the vicinity. 3. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because the site is presently designated as General Commercial on the General Plan, and the proposed change will not affect the amount of commercial square footage that would otherwise be allow on the site under the present zone. The property to the east and west is zoned for commercial uses. FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 96-25: 1. The establishment, maintenance and operation of the 3,817 square foot McDonald's restaurant with a drive through window, outdoor dining area and indoor playland will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the project will be heavily landscaped, of high aesthetic quality, and traffic circulation and parking are adequate to serve the proposed use. 2. Conditional Use Permit No. 96-25 for a McDonald's restaurant with a drive through window, outdoor dining patio, and indoor playland will be compatible with surrounding uses because the surrounding area is primarily designated for and developed with commercial uses. Residentially designated property adjacent to the site will be adequately buffered from the commercial use by distance from the building, a block wall, and landscaping. 3. The proposed McDonald's restaurant with a drive through window, outdoor dining patio, and indoor playland will comply with the provisions of the proposed CG (General Commercial) base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. PC Minutes-8/13/96 5 (pcm055) • 4. The granting of the conditional use permit for a McDonald's restaurant with a drive through window, outdoor dining patio, and indoor playland will not adversely affect the General Plan. It is consistent with the Land Use Element designation of General Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 2.1.2 Require that the type, amount, and location of development be correlated with the provision of adequate supporting infrastructure and services. • LU 10.4.1 Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality LU 10.4.1 Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality • L UI0.1.6 Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards • LU 10.1.10 Require that development be designed to convey a local neighborhood's character considering... where feasible, the inclusion of reciprocal access.... • CE 7.3.1 Require that new development include landscaping that is compatible with the visual • character of the designated scenic highways and corridors CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 96-25: 1. The site plan, floor plans and elevations received and dated July 19, 1996, shall be the conceptually approved layout (for Phase 1 and Phase 2) with the following modifications: a. The outdoor dining patio area shall be a maximum of 710 square feet. b. A maximum of 10 compact parking spaces shall be provided. (one compact space shown on the plan shall be revised to a full size space.) The change shall be reviewed and approved by the Planning Division. c. Depict a six (6) foot high wall along the rear property line designed to accommodate two (2) additional feet. The wall shall be extended two (2) additional feet �8 feet total height) at the cost of the applicant and/or property owner, when the residential area north of the subject property is developed. 2. Prior to submittal for building permits, the following shall be completed: a. Submit three (3) copies of the site plan to the Planning Division for addressing purposes. PC Minutes-8/13/96 6 (p=055) • • b. Depict all utility apparatus, such as but not limited to back flow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low-volume heads shall be used on all spigots and water faucets. d. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. e. Elevations shall depict colors and building materials proposed. f. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. g. For outdoor lighting, energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. h. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis_shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. i. The Community Development Department shall review and approve a revised site plan as modified pursuant to Condition No. 1. j. The reference page for the working drawings for building permits and for plumbing, electrical and mechanical permits shall include all conditions of approval imposed on the project printed verbatim. k. Fire Department requirements shall be noted on the building plans: 1) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) PC Minutes-8/13/96 7 (p=055) 2) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) 3) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code, including low level exit signs. (FD) 4) All commercial cooking devices shall be provided with automatic fire protection systems per Huntington Beach Fire Code. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 231 of the Zoning and Subdivision Ordinance. All landscape areas adjacent to parking require a 12 inch wide concrete step off area. The set must be approved by both departments prior to issuance of building permits. (PW) c. A grading plan, prepared by a Registered Civil Engineer shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). The off-site street improvements may be shown on the grading plan. (PW) d. The subject property shall enter into irrevocable offer to dedicate a reciprocal driveway easement between the subject site and the adjacent site to the west. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. e. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees, contractors, etc., during the project's construction phase. In addition, a construction vehicle control plan shall be submitted to Public Works for review and approval. PC Minutes-8/13/96 8 (pcm055) • • f. If deemed necessary by the Director of Public Works, an erosion control plan shall be submitted to the Public Works Department for review and approval. g. Zoning Map Amendment No. 96-2 must be approved by the City Council and in effect. 4. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 5. Prior to final approval of the building permit (or issuance of a Certificate of Occupancy), the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping and stamped concrete at driveway locations)to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Street lighting shall be designed and constructed in accordance with Public Works Standards. (PW) d. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements. (PW) e. On-site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works approved method. (PW) f. No combustible construction shall occur without the approved water system installed. (PW) PC Minutes-8/13/96 9 (p=055) g. Any existing overhead utilities shall be installed underground. (PW) h. The proposed driveways shall be constructed per City of Huntington Beach Standard Plan No. 211 A& B. (PW) i. Install a R-IOR(right turn only sign) on median and driveway onto Warner Avenue. (PW) j. Compliance with all conditions of approval specified herein shall be accomplished. k. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 1. The rear property line wall between the subject site and the designated medium density residential property to the north shall be constructed to 8 feet in height. m. Exterior doors on children's playland area(Phase 2) shall be emergency exit only (PD) n. Trash enclosure shall surround dumpsters with a tight fit and be sized to approximately six (6) feet by 7 (7) feet, two (2) inches, thus not allowing room for someone to hide between the enclosure and the dumpster. (PD) 6. This Conditional Use Permit shall not become effective until Zoning Map Amendment No. 96-2 has been approved by the City Council and is in effect. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. All applicable Public Works fees shall be paid. (PW) 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. (PW) 3. A construction permit shall be required for all work within the City right-of-way. (PW) 4. All new utilities shall be installed underground. 5. Parking lot striping shall comply with Chapter 231 of the Huntington Beach Subdivision and Zoning Ordinance. 6. All proposed signs are subject to separate building permits, and must comply with the provisions of the Huntington Beach Zoning and Subdivision Ordinance. PC Minutes-8/13/96 10 (p=055) 7. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 8. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 9. The Planning Commission reserves the right to revoke Conditional Use Permit No. 96-25 , pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 10. Conditional Use Permit No. 96-25 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. B TENTATIVE TRACT NO. 14659(R)/CONDITIONAL USE PERMIT NO. 92-47(R) (SHERWOOD TRACT REVISION): PLICANT: PLC LOCH ION: Southeast corner of Ellis Avenue and Goldenwest Street. PROJECT PLANNER: Mary Beth Broeren PLC, the developer of Tenta 've Tract No. 14659, has requested a revision to the tract layout approved by the Plannin Commission on August 24, 1993. The total number of lots will be reduced by 10, from 4 lots to 234 lots. This change will allow the developer to offer two different size lots (3,6 and 4,500 square feet) instead of the one size (3,600 square feet) that was originally appro d. There have also been minor changes to th shape of one cul-de-sac, the number of common landscape areas and fencing for the ract. The fencing changes include a request for an eight foot high perimeter wall along Go enwest Street and Ernest Avenue and approximately 128 linear feet of three foot high r aining wall in the southwest corner of the site. Additionally, a sewer lift station that was eviously to be located on the north side of Ellis Avenue has been relocated south of Ellis venue within the project's boundaries. This has necessitated the re-routing of a pe strian trail that provides access from Ellis Avenue south to the open space and park areas ovided within the project. 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TO: Planning Commission FROM: Howard Zelefsky, Pla7n�Direcrr.�pr BY: Laura Phillips, Planner V DATE: August 13, 1996 SUBJECT: ZONING MAP AMENDMENT NO. 96-2/CONDITIONAL USE PERMIT NO. 96- 25/NEGATIVE DECLARATION NO. 96-3 (MCDONALD'S RESTAURANT) LOCATION: Northwest corner of Warner Avenue and Airport Circle (north side of Warner Avenue, west of Meadowlark Shopping Center) STATEMENT OF ISSUE: Zoning Map Amendment No. 96-2 and Conditional Use Permit No. 96-25 constitute a request by Xavier Orozco for a zone change from CO (Office Commercial) to CG(General Commercial), in order to construct a McDonald's restaurant in two (2) phases. The first phase will include a drive through and outdoor dining patio. The second phase will replace the outdoor dining area with an indoor children's playland. Staff is recommending approval of the proposed project for the following reasons: # The proposed project will not have any significant adverse environmental impacts. With standard conditions of approval and the proposed site design, all concerns are mitigated to a level of insignificance. * The proposed zoning map amendment is consistent with the existing General Plan designation of General Commercial, with surrounding zoning, and with existing and proposed development in the surrounding area. * The proposed use of the property for a restaurant with a drive through window is consistent with surrounding commercial uses and will not be detrimental to property or uses in the area or the City in general. * The site plan provides for adequate circulation and parking for both phases of development. * The site plan provides for more than twice the required amount of landscaping, consistent with recent development in the area, and the designation of Warner Avenue as a landscape corridor in the General Plan. RECOMMENDATION: Motion to: A. "Approve Negative Declaration No. 96-3." B. "Approve Zoning Map Amendment No. 96-2 with findings and forward to the City Council for adoption" C. "Approve Conditional Use Permit No. 96-25 with findings and suggested conditions of approval." B Q 1 O 1 mRQ Adik • �pD®l / — *AMM Project Maa GAXrMLD vl ADAIG J I`CttATumn QLD-G CA. /auxrw N RAMM-C 4 rxANC=rON ST. Q J u , _ �� •e�wcro u I Q I � J N J J mravER.CR ENE OR / WARNER. AVE N = J W DUNSAR 01y = C W ® VICINITY MAP R CUP 96-25/ZC 96-2/EA 96-3 HUNMNGTON BEACH PLANNING DNI.SION GENERAL INFORMATION: APPLICANT: Xavier Orozco, Orozco-Keller& Associates, 19671 Beach Blvd., Ste. 300, Huntington Beach, CA, 92648 PROPERTY OWNER: Dr. Enrique Chang, 3922 Sirus Drive, Huntington Beach, CA, 92649 REQUEST: To permit a zone change from CO (Office Commercial) to CG(General Commercial) on a 37,500 square foot parcel in order to construct a McDonald's restaurant. The facility will be constructed in two (2) phases. Phase 1 will consist of a restaurant with a drive through lane and an outdoor dining patio. Phase 2 will replace the outdoor dining area with an indoor children's playland. DATE ACCEPTED: May 24, 1996 SUBJECT PROPERTY AND SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: LOCATION .GENERAL PLAN ZONING LAND USE Subject Property: General Commercial CO (Office Commercial) Vacant (used for seasonal sales North of Subject Residential-Medium RM(Medium Density Vacant (used for Property: Density Residential) seasonal sales East of Subject Mixed Use-Specific Plan Specific Plan 8 Meadowlark Shopping Property: Overlay (Meadowlark Specific Center Plan South of Subject General Commercial CO (Office Commercial), Office, Retail Property (across CG(General Commercial) Warner Ave.): West of Subject General Commercial CG(General Commercial) Office, Retail Property: PROJECT PROPOSAL: Zoning Map Amendment No. 96-2 is a request to change the zoning map designation of the subject site (Attachment No. 2) from CO (Office Commercial) to CG(General Commercial), pursuant to Section 247.08 of the HBZSO. The zone change is requested in order to allow a restaurant with a drive through lane. Staff Report-8/13/96 2 (pcsr207) Conditional Use Permit No. 96-25 represents a request to construct a McDonald's restaurant with a drive through lane (Attachment No. 4), pursuant to Section 211.04 of the HBZSO. The facility will be constructed in two (2) phases. Phase 1 will consist of a 2,529 square foot restaurant building including a main customer service and dining area, a drive through with stacking space for approximately eight (8) cars, and a 710 square foot outdoor dining patio. There will be approximately 50 seats indoors, and 75 seats outdoors. Phase 2 would replace the outdoor dining area with a 1,288 square foot indoor children's playland, for a total of 3,817 square feet of building area. The playland would feature play equipment and 75 seats, maintaining the total of 125 seats provided in Phase 1. The proposed hours of operation are 5:30 a.m. to 11:00 p.m. Sunday through Thursday, and 5:30 a.m. to 1:00 a.m. Friday and Saturday. The Playland would close at 9:00 p.m., and the drive through would operate 24 hours per day. The applicant may reduce these hours if warranted by sales volumes. The site plan includes access from Warner Avenue (right turn in and right turn out only) and from Airport Circle. There are 54 parking spaces shown, which will accommodate the design of the restaurant in both phases. In addition, there is space for eight (8) cars to stack in the drive through lane. The drive through lane will incorporate two (2) windows, one (1) for payment and another for pickup. The applicant has indicated that the proposed order box is to be low volume, and will be inaudible at the property lines. The applicant proposes to landscape 18 percent of the site, which is above code requirements, and consistent with the Warner Avenue landscape corridor identified in the General Plan. ISSUES: General Plan Conformance: The proposed zoning map amendment from CO (Office Commercial) to CG(General Commercial) is consistent with the goals and objectives of the City's General Plan and the Land Use Element designation of General Commercial on the subject property. The proposed drive through restaurant is also consistent with the General Plan designation of General Commercial. The following General Plan policies support the applicant's request. • L U 2.1.2 Require that the type, amount, and location of development be correlated with the provision of adequate supporting infrastructure and services. The proposed project can be provided with adequate infrastructure and services. The zoning map amendment will not change the density or intensity of commercial development that would already be permitted on the site. The zoning map amendment is required only to add the drive through feature to a fast food restaurant. • LU 10.4.1 Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. The proposed structure will be architecturally compatible with surrounding commercial uses, and the site layout will comply with the HBZSO. Staff Report-8/13/96 3 (pcsr207) • LUI0.1.6 Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. The proposed building is set back 154 feet from the nearest residentially zoned property; and the project will be designed to minimize impacts through the use of walls, landscaping, low volume speaker boxes, and directed lighting. Traffic will be directed toward Warner Avenue. • L U 10.1.10 Require that development be designed to convey a local neighborhood's character considering, where feasible, the inclusion of reciprocal access. The applicant will be required to record an offer of reciprocal access with the property to the west as a condition of approval. • CE 7.3.1 Require that new development include landscaping that is compatible with the visual character of the designated scenic highways and corridors. This section of Warner Ave. is designated as a landscape corridor in the Circulation Element. The applicant will be providing more than double the required amount of landscaping on the site. Zoning Compliance: This project will be located in the CG (General Commercial) zone, subject to approval of Zoning Map Amendment No. 96-2. The proposal complies with the development standards of the CG zone, as noted in the following zoning conformance matrix. i-EN. On ....... „ .. ISSUE. _ : : DUDE PROVISION ....PROPQSED:. 211.04 Proposed use-drive Permitted in CG zone, Drive-through restaurant with through restaurant with subject to Conditional Use 125 seats** more than 12 seats Permit 211.06 Min. lot area 10,000 sq. ft. 37,500 sq. ft. Min. setbacks Front (Warner) 10 ft. min. 84 ft. min. (phase 1) 40 ft. min. (phase 2) Side 0 ft. min. 12.3 ft. min. (F) Street side (Airport) 10 ft. min. 79 ft. min. Rear 10 ft. min. 134.5 ft. min. Max. Height 50 ft. max. 27 ft. max. Max. Floor Area Ratio 1.5 max. 0.06 (phase 1) 0.1 (phase 2) Min. Site Landscaping 8% (2,976 sq. ft. min.) 18% (6,821 sq. ft.) (H) Planting Areas 10 ft. min. planter along 10 ft. (Warner), 12 ft. front and side streets (Airport) "Conditional Use Permit Staff Report-8/13/96 4 (pcsr207) ::::>: ........... . . ............. ... :.....:. ,.. .. SSU:.,....:.:.......,,........ .... QY..s o. ...... P 2( PpSED:.: 230.78 Refuse storage areas 6' high walls with gate, 6' high walls with gate, not facing street or in located at rear of building setbacks 231.04 Parking 1 per 60 s.f. phase 1 -total building area plus 710 s.f patio area=3,239 s.f. 54 spaces required 54 spaces phase 2 -total phase 1 building area plus 688 s.f seating area in playland =3,217 s.f. 54 spaces required 54 spaces drive through queuing 5 spaces min. 8 spaces 231.14 Parking space 9 ft. x 19 ft. 9 ft. x 19 ft. dimension 231.16 D. except adjacent to 9 ft. x 17 ft. 9 ft. x 17 ft. landscape planters 231.20 compact parking 20% max. (10.8) 10 spaces per condition of approval 8 ft. x17ft. 8 ft. x17ft. **Conditional Use Permit Environmental Status: Staff has reviewed the environmental assessment and determined that no significant impacts are anticipated as a result of the proposed project that could not be mitigated to a level of insignificance with proper design and engineering. Subsequently, Negative Declaration No. 96-3 (Attachment No. 6) was prepared pursuant to Section 240.04 of the HBZSO and the provisions of the California Environment Quality Act (CEQA). The Department of Community Development advertised draft Negative Declaration No. 96-3 for twenty (20) days commencing on June 27, 1996 and ending on July 16, 1996. No comments, either verbal or written were received. Staff Report-8/13/96 5 (pcsr207) Prior to any action on Zoning Map Amendment No. 96-2 and Conditional Use Permit No. 96-25, it is necessary for the Planning Commission to review and act on Negative Declaration No. 96-3. Staff, in its initial study of the project, is recommending that the negative declaration be approved. Coastal Status: Not applicable. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns: The Public Works, Fire, and Police Departments, and the Building Division, have recommended conditions which are incorporated into the conditions of approval. ANALYSIS: Zone Chanze The proposed zoning map amendment from CO (Office Commercial) to CG(General Commercial) is consistent with the existing General Plan designation of General Commercial on the site, and consistent with existing uses in the area. The properties to the east, west, and south are currently designated for and developed with commercial retail and office uses. The property to the north is zoned for Medium Density residential development, which is compatible adjacent to commercial uses. Without the proposed zoning map amendment, the applicant would be able to propose a fast food restaurant without a drive through lane. The CG zone will allow the addition of the drive through. Parking and Landscapinz The proposed parking layout will accommodate the restaurant in both phases 1 and 2. The total of 54 parking spaces is based on the total building area plus the area of the outdoor dining patio (maximum 710 square feet) for phase 1, and on the total building area of the phase 1 building plus the seating area for phase 2 (excluding the playland equipment). The applicant is proposing 20% compact parking (maximum 10 spaces) in accordance with the HBZSO. Staff is recommending that the applicant record an irrevocable offer of reciprocal access along the west property line at the rear of the site (see Attachment No. 4-site plan). The property to the west is currently developed with an office use fronting Warner Avenue, and a parking lot to the rear which preclude reciprocal access at this time as required by the HBZSO. It is likely that this property will recycle sometime in the future, and the completion of the reciprocal access could be gained at that time. Completion of the reciprocal access at a later date would not change the parking configuration at McDonald's, but may reduce the stacking area for the drive through window by one (1) car (from 8 to 7), and eliminate a small landscape area (less than 200 square feet). This would still be in compliance with the code. Staff Report-8/13/96 6 (pcsr207) The applicant is proposing landscaped area that is more than double the amount required by code. This is consistent with the designation of Warner Avenue as a landscape corridor and with new development to the east at Meadowlark shopping center, and will improve the aesthetics of the area. Traffic The proposed restaurant will not have significant impacts on traffic in the area (see Negative Declaration No. 96-3-Attachment 6). The Warner Avenue access will be right-turn-in and right-turn-out only, and all drive trough traffic will be directed off the site in this direction. The Airport Circle access will be used primarily by patrons approaching the site from the west, and by those exiting to turn left onto Warner Ave. Compatibility The proposed restaurant will result in typical types of commercial activity at a currently vacant site, including noise from vehicles and patrons, lighting, and food odors. Given the commercial nature of the surrounding area and the existing traffic volumes on Warner Avenue, these impacts should not be significant or incompatible with the area. Standard conditions of approval, together with the proposed site layout will ensure compatibility. The residentially designated property to the north is located 154 feet from the restaurant building, and if necessary, can be designed to further buffer the residences upon its development. SUMMARY: Staff is recommending approval of the proposed negative declaration, zone change and conditional use permit for the following reasons: The proposed project will not have any significant adverse environmental impacts. With standard conditions of approval and the proposed site design, all concerns are mitigated to a level of insignificance. • The proposed zoning map amendment is consistent with the existing General Plan designation of General Commercial, with surrounding zoning, and with existing and proposed development in the surrounding area. • The proposed use of the property for a restaurant with a drive through window is consistent with surrounding commercial uses and will not be detrimental to property or uses in the area or the City in general. • The site plan provides for adequate circulation and parking for both phases of development. • The site plan provides for more than twice the required amount of landscaping, consistent with recent development in the area, and the designation of Warner Avenue as a landscape corridor in the General Plan. Staff Report-8/13/96 7 (pcsr207) ALTERNATIVE ACTION: The Planning Commission may take the following two (2) alternative actions: A. Deny Draft Negative Declaration No. 96-3, Zoning Map Amendment No. 96-2, and Conditional Use Permit No. 96-25 with findings for denial. B. Continue Draft Negative Declaration No. 96-3, Zoning Map Amendment No. 96-2, and Conditional Use Permit No. 96-25 and direct staff accordingly. ATTACHMENTS: 1. Findings and Conditions of Approval 2. Zoning Map and General Plan Land Use Designations 3. Draft Ordinance 4. Site Plan, Floor Plans and Elevations dated July 19, 1996 5. Narrative 6. Negative Declaration No. 96-3 (Includes Environmental Checklist) SH:LP:kjl 1 Staff Report-8/13/96 8 (pcsr207) ATTACHMENT NO. 1 FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL ZONING MAP AMENDMENT NO. 96-2/ CONDITIONAL USE PERMIT NO. 96-25 FINDINGS FOR ZONING MAP AMENDMENT (ZONING MAP AMENDMENT) NO. 96-2: 1. The proposed zoning map amendment from CO (Office Commercial) to CG(General Commercial) is consistent with the objectives, policies, general land uses and programs specified in the General Plan because it provides for a compatible land use that can be provided with appropriate levels of service. The zoning map amendment is consistent with the following goals: ♦ LUI -Achieve development that maintains or improves the city's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. ♦ LU7-Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. ♦ L U10 -Achieve the development of a range of commercial uses. 2. A community need is demonstrated for the proposed zone change because it will allow for more commercial opportunities to service existing and proposed residential uses in the vicinity. 3. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because the site is presently designated as General Commercial on the General Plan, and the proposed change will not affect the amount of commercial square footage that would otherwise be allow on the site under the present zone. The property to the east and west is zoned for commercial uses. FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 96-25: 1. The establishment, maintenance and operation of the 3,817 square foot McDonald's restaurant with a drive through window, outdoor dining area and indoor playland will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the project will be heavily landscaped, of high aesthetic quality, and traffic circulation and parking are adequate to serve the proposed use. 2. Conditional Use Permit No. 96-25 for a McDonald's restaurant with a drive through window, outdoor dining patio, and indoor playland will be compatible with surrounding uses because the surrounding area is primarily designated for and developed with commercial uses. Residentially designated property adjacent to the site will be adequately buffered from the commercial use by distance from the building, a block wall, and landscaping. Attachment-8/13/96 (p=207-9) A isk\j�l 3. The proposed McDonald's restaurant with a drive through window, outdoor dining patio, and indoor playland will comply with the provisions of the proposed CG(General Commercial) base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. 4. The granting of the conditional use permit for a McDonald's restaurant with a drive through window, outdoor dining patio, and indoor playland will not adversely affect the General Plan. It is consistent with the Land Use Element designation of General Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: • LU 2.1.2 Require that the type, amount, and location of development be correlated with the provision of adequate supporting infrastructure and services. • LU 10.4.1 Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality LU 10.4.1 Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality • L U10.L 6 Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards • LU 10.1.10 Require that development be designed to convey a local neighborhood's character considering... where feasible, the inclusion of reciprocal access.... • CE 7.3.1 Require that new development include landscaping that is compatible with the visual • character of the designated scenic highways and corridors SUGGESTED CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 96-25: 1. The site plan, floor plans and elevations received and dated July 19, 1996, shall be the conceptually approved layout (for Phase 1 and Phase 2) with the following modifications: a. The outdoor dining patio area shall be a maximum of 710 square feet. b. A maximum of 10 compact parking spaces shall be provided. (one compact space shown on the plan shall be revised to a full size space.) The change shall be reviewed and approved by the Planning Division. c. Depict an eight (8) foot high wall along the rear property line. 2. Prior to submittal for building permits, the following shall be completed: a. Submit three (3) copies of the site plan to the Planning Division for addressing purposes. b. Depict all utility apparatus, such as but not limited to back flow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director.- Attachment-8/13/96 (pcsr207-10) • • c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low-volume heads shall be used on all spigots and water faucets. d. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. e. Elevations shall depict colors and building materials proposed. f. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. g. For outdoor lighting, energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. h. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. i. The Community Development Department shall review and approve a revised site plan as modified pursuant to Condition No. 1. j. The reference page for the working drawings for building permits and for plumbing, electrical and mechanical permits shall include all conditions of approval imposed on the project printed verbatim. k. Fire Department requirements shall be noted on the building plans: 1) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 2) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six(6) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) 3) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code, including low level exit signs. (FD) 4) All commercial cooking devices shall be provided with automatic fire protection systems per Huntington Beach Fire Code. (FD) Attachment-8/13/96 (pcsr207-11) i . ?D 3. Prior to issuance of building permits, the following shall be completed: revised iplan, floorplans a. Submit copy of the a sed e s t oo and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 231 of the Zoning and Subdivision Ordinance. All landscape areas adjacent to parking require a 12 inch wide concrete step off area. The set must be approved by both departments prior to issuance of building permits. (PW) c. A grading plan, prepared by a Registered Civil Engineer shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). The off-site street improvements may be shown on the grading plan. (PW) d. The subject property shall enter into irrevocable offer to dedicate a reciprocal driveway easement between the subject site and the adjacent site to the west. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. e. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees, contractors, etc., during the project's construction phase. In addition, a construction vehicle control plan shall be submitted to Public Works for review and approval. f. If deemed necessary by the Director of Public Works, an erosion control plan shall be submitted to the Public Works Department for review and approval. g. Zoning Map Amendment No. 96-2 must be approved by the City Council and in effect. 4. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); Attachment-8/13/96 (pcsr207-12) e. Discontinue construction during second stage smog alerts. 5. Prior to final approval of the building permit (or issuance of a Certificate of Occupancy), the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping and stamped concrete at driveway locations) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Street lighting shall be designed and constructed in accordance with Public Works Standards. (PW) d. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements. (PW) e. On-site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works approved method. (PW) f. No combustible construction shall occur without the approved water system installed. (PW) g. Any existing overhead utilities shall be installed underground. (PW) h. The proposed driveways shall be constructed per City of Huntington Beach Standard Plan No. 211 A& B. (PW) i. Install a R-IOR(right turn only sign) on median and driveway onto Warner Avenue. (PW) j. Compliance with all conditions of approval specified herein shall be accomplished. k. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 1. The rear property line wall between the subject site and the designated medium density residential property to the north shall be constructed to 8 feet in height. m. Exterior doors on children's playland area (Phase 2) shall be emergency exit only (PD) n. Trash enclosure shall surround dumpsters with a tight fit and be sized to approximately six (6) feet by 7 (7) feet, two (2) inches, thus not allowing room for someone to hide between the enclosure and the dumpster. (PD) Attachment-8/13/96 (pcsr207-13) r • � 6. This Conditional Use Permit shall not become effective until Zoning Map Amendment No. 96-2 has been approved by the City Council and is in effect. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. All applicable Public Works fees shall be paid. (PW) 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. (PW) 3. A construction permit shall be required for all work within the City right-of-way. (PW) 4. All new utilities shall be installed underground. 5. Parking lot striping shall comply with Chapter 231 of the Huntington Beach Subdivision and Zoning Ordinance. 6. All proposed signs are subject to separate building permits, and must comply with the provisions of the Huntington Beach Zoning and Subdivision Ordinance. 7. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 08. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 9. The Planning Commission reserves the right to revoke Conditional Use Permit No. 96-25 , pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 10. Conditional Use Permit No. 96-25 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. Attachment-8/13/96 (pcsr207-14) 1 •� ZONING MAP • SLJWt Site DR. ri RI RI "' N WSTA oN ,TALLDN RA C FRS R NEE T CR. V u CF-R R2 RI RI RI 2 Z R2 a:�5x ); ��vR2�v RI = m ..t b 3 D.0 OIL 1 �oRlio�l RI m R2 R2 RI 5T. 33o.t RESIDENTIAL ,,,,, a � $ l3 _� - N N EADOWLARK aRll R2 R2 R2 R2 R3 o R2 SPECIFIC PLAN RI m7RC. W RR3 RST. MIlO 5T. 300! .q.1 396.00 C10 R z R 3 z R3 R3 COMMERCIAL 3 2 2 W 0 ` .p.T((/1 -}--�- ------- WARNER 1 EW _.b cz c" �- C 4 "SOP R3 PD (OI C-4r IRI i 1 R3 n - uu E: 't °' r e� EL D RADO DR. .oy:E •»= c ttt 1.1 R2 RI JzR ID„R ,So.f R3 R3 C4i R2 ;` I I .. DUN•BAR oa.�RZ� PENDLE 0! R R3-19 ^ "E-1, CR -T t,; R2 R I i10 R2 5 u n EXISTING GENERAL PLAN DESIGNATIONS Subject site I I I � 12MH-25 a u o- O = °� u4 OS-P /. D. 3T. r— rs V /� • • O WARNER AV EL DDRA00 an.r c ►t■ Attachment No. 2. CUP 96-25/ZC 96-2/EA 96-3 HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION ,� ��HN.11E-NTN0. • i ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING DISTRICT MAP 24 (SECTIONAL DISTRICT MAP 21-5-11) TO REZONE THE REAL PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF WARNER AVENUE AND AIRPORT CIRCLE FROM CO (OFFICE COMMERCIAL) TO CG(GENERAL COMMERCIAL) (ZONING MAP AMENDMENT NO. 96-2) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Map Amendment No. 96-2, which rezones the property generally located at the northwest corner of Warner Avenue and Airport Circle from"CO" (Office Commercial) to "CG" (General Commercial); and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The zoning designation of the real property hereinafter described in Section 2 hereof, and shown on District Map 24 (Sectional District Map 21-5-11) attached, is hereby changed from "CO" (Office Commercial) to "CG" (General Commercial). SECTION 2. The real property subject to this ordinance is generally located at the northwest corner of Warner Avenue and Airport Circle, and described as follows: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 3, PAGE 31 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. SECTION 3. Huntington Beach Zoning and Subdivision Ordinance Section 201.0413 District Map 24 (Sectional District Map 21-5-11) is hereby amended to reflect Zoning Map Amendment No. 96-2 as described herein. The Director of Community Development is hereby directed to prepare and file an amended map. A copy of said district map, as amended, shall be available for inspection in the Office of the City Clerk. . • SECTION 4. This ordinance shall take effect thirty days after passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 19_ Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Community Development ATTACHMENTS: Exhibit"A" - District Map No. 24 Attachment-8/13/96 (pcsr207-16) PLANNING ZONING. DM 24 " ECTIONAL DISTRICT MAP 21-5-II ADOPTED APRIL 4.IMO NOTE CITY OF CITY CO COMMISSION RESOLUTION .ii D.vfwalowa AR[IN r[[T .. CITY COUNCIL-ORDINANCE NO. OR WY c.O AD1 C.1 Aw.RIGNT M r A.IZNDED 20K 6 ONO.NO AM[ND[D ZONE CASEORD.NO. �� ..C.[D O l[r[wD TO TN[CCNKR 6-2C•f0 i06 "a R-20•7. rl m.) 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REAR ELEVATION LEFT ELEVATION (WEST) (SOUTH) PRELIMINARY ELEVATIONS WARM AND AW#VRT ROAD tiu INCTON BEACH.CA 00429S4 3/7/06 PHASE b-* FHA5E 2- Proposed McDonald's, Northwest corner, Warner at Airport, Huntington Beach, CA Unlike most fast food operations, McDonald's Corporation purchases or leases the property, builds the actual restaurant and then either selects a franchisee or operates the unit as a 'company store'. The McDonald's proposed for Warner and Airport will most likely be operated by a franchisee. In Orange County most of the McDonald's (65 of 71) are operated by franchisees. Our franchisees are not 'absentee' operators, they are required to be an active participant in the restaurant operations and within the community that supports the restuarant. This particular unit will consist of an approximately 2550 square foot building and a playland of approximately 1450 square feet. There will be approximately 50 seats in the restaurant and up to 75 in the Playplace (an Indoor Playland). Hours of operation are difficult to establish prior to the store being open as we need the flexibility to prvide food service whenever there is demand within the trade area. Our initial choice of operational in-store hours would be 5:30 AM to 11PM Monday thru Thursday and Sunday with Friday and Saturday a closing hour of 1 AM. The Playplace would close at 9 PM. The drive-thru would operate 24 hours per day. Of course, if the sales volumes at the early or later hours did not warrant being open, we would adjust the hours to what makes business sense (but no more than hours noted). Our restaurant design for this site incorporates a dual window design, in vi stau g rp g , ordering is is the usual speaker/menu board, . The first window is a paypoint and the second is order pickup. Of course, our speaker system is carefully designed to minimize noise carry and we can assure residents that it will be inaudible over the ambient noise level in the area. It is our belief that this store will do a very regular weekday business as opposed to stores that have tremendous lunch hours and minimal dinner business. During the weekends we expect a number of birthday parties utilizing our Playplace along with the normal weekend activity of the Southern California lifestyle (Let's go to the Beach!). Howard Burns Real Estate Representative DER McDonald's Corporation 4370 LaJolla Vlllage Drive,Suite 800 San Diego,CA 92122 (619)535-8900 Fax:(619)535-8944 Voice Mail:(619)552-8900,Boz 228 ATTIALIVENT NO. .s: 1 Phase 1 Proposed McDonald's Restaurant Northwest Corner, Warner & Airport Huntingtion, Beach, Ca Phase 1 of the new McDonald's Restaurant will consist of the restaurant and dining room of approximately 2,550 square feet. There will be approximately 50 seats in the indoor dining area. In the area of the indoor playland scheduled to be completed as phase two sometime in the future, will be an outdoor patio of approximately 750 square feet with up to 75 seats. All other aspects of the restaurant and drive-tthru service will remain the same as described in the narrative titled"Proposed McDonald's." ::.....................MUM ENT CH ECKLST FQ X. :: CITE F: :::.::.:....:.::.:.: ::.:::.::.:::::.>..::: C .. IINTINTQN B `'' : :EAR ::::::::::::::::::::::..:.::::.... ::::::. ` 'P A - I ........................................::.:.. ...: ..:::..: ::.:::: :::....:::: : :::::::. _ ENIRC1�IENT�L A' E ..... _.. S IVI NT.N t . 6:: 3.::. .::::::: >: ..... 1. PROJECT TITLE: McDonalds Restaurant and Playland Concurrent Entitlements: Conditional Use Permit No. 96-25/Zone Change No. 96-2 2. LEAD AGENCY: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Laura Phillips, Planner Phone: (714) 536-5271 3. PROJECT LOCATION: Northwest corner of Warner Avenue and Airport Lane 4. PROJECT PROPONENT: Xavier Orozco, Orozco Keller and Associates Contact: Xavier Orozco Phone: (714) 536-5354 GENERAL PLAN DESIGNATION: General Commercial 5. ZONING: Existing - CO (Office Commercial) Proposed - CG (General Commercial) 6. PROJECT DESCRIPTION: The request includes a zone change from CO (Office Commercial) to CG (General Commercial) on a 37,500 square foot parcel. The applicant proposes to construct a McDonalds Restaurant with a drive-through, indoor seating area,and an indoor children's playland. The 3817 square foot building will include approximately 125 seats,and 1400 square feet of play area. There are two entry points to the site,one from Warner Avenue and one from Airport Circle,and room for approximately 9 cars stacking in the drive-through lane. The business may be open 24 hours, depending on demand. OTHER AGENCIES WHOSE APPROVAL IS REQUIRED (AND PERMITS NEEDED): None. KFFAC H M1EN T N0. L . 1 ATTACHMENT 5 1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact" or is"Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. OLand Use&Planning OTransportation/Circulation OPublic Services OPopulation &Housing 0Biological Resources OUtilities & Service Systems OGeological Problems OEnergy&Mineral Resources ❑Aesthetics OWater OHazards 0 Cultural Resources OAir Quality ONoise ORecreation OMandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. OX I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s)on the environment,but that at least one effect(1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and(2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a"potentially significant impact"or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. June 13, 1996 i natu a Date Laura Phillips PLANNER Printed Name Title EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except"No Impact"answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A"No Impact"answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A"No Impact"answer should be explained where it is based on project-specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off-site as well as on-site,cumulative as well as project-level,indirect as well as direct,and construction as well as operational impacts. 3. "Potentially Significant Impact"is appropriate,if an effect is significant or potentially significant, or if the lead agency lacks information to make a finding of insignificance. If there are one or more "Potentially Significant Impact"entries when the determination is made,preparation of an Environmental Impact Report is warranted. 4. Potentially Significant Impact Unless Mitigated"applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact"to a "Less than Significant Impact." The lead agency must describe the mitigation measures,and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII,"Earlier Analyses," may be cross-referenced). 5. Earlier analyses may be used where,pursuant to the tiering,program EIR,or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6. References to information sources for potential impacts (e.g.,general plans,zoning ordinances) have been incorporated into the checklist. A source list has been provided in Section XVII. Other sources used or individuals contacted have been cited in the respective discussions. 7. The following checklist has been formatted after Appendix I of Chapter 3,Title 14,California Code of Regulations,but has been augmented to reflect the City of Huntington Beach's requirements. (Note: Standard Conditions of Approval - The City imposes standard conditions of approval on projects which are considered to be components of or modifications to the project,some of these standard conditions also result in reducing or minimizing environmental impacts to a level of insignificance. However,because they are considered part of the project,they have not been identified as mitigation measures. For the readers' information,a list of applicable standard conditions identified in the discussions has been provided as Attachment No. 3. SAMPLE QUESTION.- Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES(and Supporting Information Sources): Impact Incorporated Impact No Impact Would the proposal result in or expose people to potential impacts involving: Landslides or Mudflows? (Sources: 1, 6) 0 0 Q Q Discussion: The attached source list explains that 1 is the Huntington Beach General Plan and 6 is a topographical map of the area which show that the area is located in a flat area. (Vote: This response probably would not require further explanation). Pot,...aally Significant Potentially Unless Less Than Significant - Mitigation Significant I$SUE5 (and Supporting Information Sources): Impact Incorporated Impact No Impact I. LAND USE AND PLANNING. Would the Proposal: a) Conflict with general plan designation or zoning? (Sources: ❑ 3, 4) b) Conflict with applicable environmental plans or policies El ❑ 9 adopted by agencies with jurisdiction over the project? (Sources: 3) c) Be incompatible with existing land use in the vicinity? El El ❑X (Sources: 1) d) Affect agricultural resources or operations(e.g., impacts to a soils or farmlands,or impacts from incompatible uses)? (Sources: 3) e) Disrupt or divide the physical arrangement of an established El 0 community(including a low-income or minority community)? (Sources: 1, 2, 3) Discussion: The proposed zone change from CO to CG will be consistent with the General Plan Designation on the site of General Commercial, and with the zoning and land uses in the surrounding area.The zoning to the east of the site,across Airport Circle, is Specific Plan 8 (Meadowlark Specific Plan),and designated for General Commercial Uses. The existing use is a retail shopping center.The Zoning to the west of the site is CG(General Commercial),and the land uses include office and commercial. The property to the south of the site,across Warner Avenue, is Zoned CG(General Commercial)and CO(Office Commercial), and used for offices and retail. The property to the north of the site has a zoning and General Plan designation of Medium Density Residential(RN". The site is vacant at this time,however medium density residential uses are considered compatible with the proposed type of commercial use because the typical design of multi-family housing can accommodate appropriate setbacks and buffers from commercial uses. The subject site is currently vacant, and has been used seasonally for pumpkin sales and Christmas tree sales. The proposed project includes a 3817 square foot restaurant with a drive through lane,and includes approximately 125 seats,and a 1400 square foot indoor playland. There are two access points, one from Warner Avenue,and one from Airport Circle. There will be 54 parking spaces plus stacking area for approximately 9 cars in the drive through lane, and approximately 7000 square feet of landscaped area.The building will be set back 154 feet from the north property line adjacent to the property designated Medium Density Residential.. The proposed project complies with the provisions of the CG zoning district,and no variances are proposed. There are no agricultural operations or resources that would be adversely affected by the project.The project does not proposed any elements that would disrupt or divide the physical arrangement of the surrounding community and will not conflict with any environmental plans or policies of the City of Huntington Beach. Environmental Assessment#95-4 1 of 11 4/24/96 Poi.__.ially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population El El 11 projections? (Sources: 3, 5) b) Induce substantial growth in an area either directly or ❑ 9 indirectly(e.g.,through projects in an undeveloped area or extension of major infrastructure)? (Sources: 3, 5) c) Displace existing housing,especially affordable housing? ❑ El IJ 9 (Sources: 6) Discussion: The project consists of a change in commercial zoning and construction of an infill commercial building. The project will not induce additional growth in the area,and no population increase is anticipated as a direct result of the project. No residential units exist on the site, nor are units included as part of the project. No significant adverse impacts are anticipated. III.GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture?(Sources: 4) ❑ ❑ El 0 b) Seismic ground shaking?(Sources: 7) El El 9 IJ c) Seismic ground failure, including liquefaction? (Sources: 7, ❑ 8) d) Seiche, tsunami, or volcanic hazard? (Sources: 7, 8) ❑ 0 e) Landslides or Mudflows? (Sources: 7) ❑ El 11 0 f) Erosion,changes in topography or unstable soil conditions El 11 19 El from excavation,grading,or fill? (Sources: 7,8) g) Subsidence of the land? (Sources: 8) 0 h) Expansive soils? (Sources: 7, 8) i) Unique geologic or physical features? (Sources: 7, 8) 11 El Q Discussion: The project site is currently a vacant dirt lot that has been rough graded in the past to accommodate seasonal sales lots.The site is primarily flat,and does not contain any unique physical or geologic features. Construction of the proposed building will require regrading of the site for the preparation of the new structures.However,the project does not propose any significant change in grade.There will be no import or export of soil as part of the grading operations. Any displacement, Environmental Assessment#95-4 2 of 11 4/24/96 L .5 Pot,--wally Significant Potentially Unless Less Than Significant • Mitigation Significant 0 ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact compaction,and overcovering of soil associated with the upgrade and construction of the infrastructure improvements are considered negligible. The project site is not located within the Alquist-Priolo Special Hazards Zone and is located more than 1 mile from the suspected trace of the Newport Inglewood fault. However, in the event of an earthquake in the Huntington Beach area,the site may be subject to ground shaking. Structures built in California are required to comply with standards set forth in the Uniform Building Code to minimize the structural risks from groundshaking. Based upon the City's Geotechnical Inputs Study(prepared by Leighton-Yen&Associates, 1974)the project site is located in an area of moderate clay content which can be indicative of expansive soils. However,this is common in the City and impacts can be addressed through compliance with applicable soils,grading and structural foundation requirements,codes and ordinances, such that any potential geologic impacts will be reduced to a level of insignificance. (See standard condition No. 1 in Attachment No. 3 requiring compliance with all local and State codes). Site preparation during the development may result in short term wind and water erosion impacts. The project will be subject to standard conditions of approval requiring implementation of dust control measures. (See standard condition No. 3). No significant impacts are anticipated. IV.WATER. Would the proposal result in: a) Changes in absorption rates,drainage patterns,or the rate ❑ ❑ ❑ and amount of surface runoff? (Sources: 2) 0 b) Exposure of people or property to water related hazards such ❑ ❑ ❑ as flooding? (Sources: 9) c) Discharge into surface waters or other alteration of surface ❑ ❑ ❑ water quality(e.g., temperature,dissolved oxygen or turbidity)? (Sources: 1,7) d) Changes in the amount of surface water in any water body? ❑ ❑ ❑ (Sources: 1,7) e) Changes in currents,or the course or direction of water ❑ ❑ ❑ 0 movement? (Sources: 1,7) f) Change in the quantity of ground waters,either through ❑ ❑ ❑ 0 direct additions or withdrawals,or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (Sources: 3,7) g) Altered direction or rate of flow of groundwater? (Sources: ❑ El ❑ 0 7, 8) h) Impacts to groundwater.quality? (Sources:7,8) ❑ ❑ ❑ 0 i) Substantial reduction in the amount of groundwater ❑ ❑ ❑ otherwise available for public water supplies? (Sources: 5, 7) Discussion:. The proposed project will increase the amount of impervious surfaces(concrete,asphalt,etc.)on the property. Environmental Assessment#95-4 3 of 11 4/24/96 � .k Pott--ally Significant Potentially Unless Less Than Significant • Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact Approximately 82%of the site area will be covered by building and hardscape,and approximately 18%will be landscaped. Runoff will drain toward Warner Avenue,and can be adequately accommodated by the existing storm drain system. No significant impacts to drainage resulting from the project is anticipated. 'The project will require the installation of new on-site water lines. The proposed use is projected to have a water demand of approximately 3300 gallons per day. The City's Public Works Department has re%riewed the proposed project and has indicated that the increase can be accommodated by the City's water service capacity. The project will be subject to standard conditions of approval requiring implementation of Title 24 conservation measures such as low flow fixtures and use of drought tolerant plant species and drip irrigation. (See condition No. 1 of the standard conditions.) The project site is located in Zone X and is not within the 100 year floodplain. The project does not propose any excavation or other activities that could impact groundwater. The site does not drain directly into any natural body of water. No significant adverse impacts to the existing water supply are anticipated. V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (Sources: 10) b) Expose sensitive receptors to pollutants? (Sources: 1) c) Alter air movement, moisture,or temperature? (Sources: 6) El El El 0 d) Create objectionable odors? (Sources: 6) El 11 ❑X 11 Discussion: Development will consist of a 3817 square foot restaurant facility,with the potential for up to 9 cars stacked at the drive through. This will result in an increase in pollutant emissions in the area which may incrementally contribute to degradation of local air quality. However,the project is below the threshold criteria of 9000 square feet for significant air quality impacts(as established by the South Coast Air Quality Management District); therefore, the project's contribution is considered less than significant. Short-term deterioration of local ambient air quality may occur during construction as a result of construction equipment emissions and dust. Emissions are expected from gasoline and diesel-powered grading and paving equipment and fugitive dust generation associated with earth moving activities. Grading activities are expected to last approximately 3 days. However,with the implementation of conditions of approval minimizing dust and emissions resulting from construction equipment, no significant adverse air quality impacts are anticipated. See standard condition No. 3. The project may emit food cooking odors typical of a restaurant. The surrounding area is primarily commercial, however, and any future residential uses to the north would be set back a minimum of 154 feet from the restaurant. The main trash receptacle is located 125 feet from the nearest residential property,and the openings face south,toward the restaurant.No significant impacts are anticipated. Environmental Assessment#95-4 4 of 11 4/24/96 —7 �, l Potr,._"ally Significant Potentially Unless Less Than Significant • Mitigation Significant 0$SUES (and Supporting Information Sources): Impact Incorporated Impact No Impact VI.TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (Sources:6, 11) 0 b) Hazards to safety from design features(e.g.,sharp curves or El El El 19 dangerous intersections)or incompatible uses(e.g.,farm equipment)? (Sources: 2) c) Inadequate emergency access or inadequate access to nearby uses? (Sources: 1, 2) d) Insufficient parking capacity on-site or off-site? (Sources: 2, El 11 El 9 4) e) Hazards or barriers for pedestrians or bicyclists? (Sources: 2) 11 El Q 11 f) Conflicts with adopted policies supporting alternative transportation(e.g.,bus turnouts,bicycle racks)? (Sources: 2) g) Rail,waterborne or air traffic impacts? (Sources: 1) 0 Discussion: Currently, there are no trips generated from the site for most of the year(the exception being during operation of seasonal sales lots). The proposed project will generate approximately 1800 trips per day. The existing roadway segments and intersections in the area are currently operating within the City's standards for acceptable levels of service. These include LOS A on Warner Avenue from Bolsa Chica Street to Graham Street and D from Bolsa Chica Street to Algonquin Street,and LOS A on Bolsa Chica Street from Warner Avenue to Heil Avenue.The nearest intersection(Warner Avenue and Bolsa Chica Street)is operating at LOS A during the AM peak,and LOS D during the PM peak. The generation of 1800 trips(over a 24 hour period)at build out«rill contribute to a decrease in the level of service in the area. The project's overall contribution is not expected to result in a significant drop in the level of service, and is not considered significant. Therefore,no significant modifications to the traffic system are required. The project's contribution to traffic impacts is expected to be offset by the project's payment of its share of the traffic impact fees,which are utilized to fund area wide traffic improvements. (Please refer to Standard Condition No. 6) Construction traffic resulting from development of the project may result in short-term interruptions to traffic circulation, including pedestrian and bicycle flow. These potential impacts may be reduced through implementation of conditions of approval requiring Department of Public Works approval of a construction vehicle control plan. See standard cond.No.4. Upon build-out,the project will provide 54 parking spaces on-site and 9 spaces in the stacking lane. This is adequate to meet the parking requirements of the code for this type of use. The ingress and egress from Warner Avenue will be right turn in and right turn out only. Additional ingress and egress will be available from Airport Circle. With implementation of standard conditions of approval,including conformance of the proposed street systems to City standards,review and approval of street improvement plans and payment of traffic impact fees, no significant traffic impacts are anticipated. Environmental Assessment#95-4 5 of 11 4/24/96 • 0 Potc__..ally Significant Potentially Unless Less Than Significant• Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact VILBIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered,threatened or rare species or their habitats El El 0 (including but not limited to: plants,fish, insects,animals, and birds)? (Sources: 6) b) Locally designated species(e.g.,heritage trees)? (Sources: 6) El 0 c) Locally designated natural communities(e.g., oak forest, El El a coastal habitat, etc.)? (Sources: 6, 13) d) Wetland habitat(e.g., marsh, riparian and vernal pool)? El 11 El a (Sources: 6, 13) e) Wildlife dispersal or migration corridors? (Sources: 7) 0 El a Discussion: The project site is a vacant dirt lot which has been largely disturbed by previous grading and use as a temporary seasonal sales lot. The surrounding area is either vacant dirt lot or completely developed. It does not contain any endangered or rare species nor will it result in any loss to endangered or sensitive animal or bird species. No impacts to wetland habitat or wildlife are anticipated. VIII.ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? (Source: 3) 11 El 11 N b) Use non-renewable resource in a wasteful and inefficient El E] 11 Q manner? (Sources: 3, 7) c) Result in the loss of availability of a known mineral resource 19 that would be of future value to the region and the residents of the State? (Sources: 6, 13) Discussion: The project will not result in a significant increase in the rate of use of any non-renewable energy resource. The anticipated energy demands created by the project are within parameters of overall projected demand which is planned to be met for the area. No significant adverse impacts to natural resources are anticipated. IX.HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous Q substances(including,but not limited to: oil,pesticides, chemicals or radiation)? (Sources: 6,7) b) Possible interference with an emergency response plan or El emergency evacuation plan? (Sources: 7, 13) Environmental Assessment#95-4 6 of 11 4/24/96 j q l ' • 1 Pot,,__.ially Significant Potentially Unless Less Than Significant- Mitigation Significant IOSSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact c) The creation of any health hazard or potential hazards? ❑ ❑ ❑ 0 (Sources: 6) d) Increased fire hazard in areas with flammable brush,grass, ❑ ❑ ❑ or trees? (Sources: 2,6) Discussion: The proposed restaurant will not involve the use of any hazardous materials and will not result in any impediments to emergency response or evacuation plans. The project site is located within the recommended five(5)minute response area from the Graham Fire Station. With implementation of standard conditions of approval, no significant impacts resulting from hazardous materials are anticipated. X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (Sources: 2,7, 12) ❑ ❑ 19 ❑ b) Exposure of people to severe noise levels? (Sources: 1,2,7, ❑ Q El 12) Discussion: The project will generate short-term noise impacts during construction with the use of heavy construction equipment. All construction will be required to comply with Chapter 8.40 Noise of the Huntington Beach Municipal Code, and through the implementation and compliance of standard conditions of approval, no significant noise impacts during construction are anticipated. The project will result in higher noise levels on the site than currently exist. The sources include auto traffic, car doors, people-generated noise, and the order box speakers for the drive through. These may be particularly noticeable during late night hours(should the restaurant remain open 24 hours)when ambient noise levels in the surrounding area are lower. The surrounding area is primarily commercial,and the noise generated on this site will be similar to that occurring to the east, south,and west. Any future residential development to the north will be setback a minimum of 154 feet from the building, and will be separated from the parking lot by a solid masonry wall and landscaping,pursuant to the HBZSO. Furthermore, all customer doors and windows to the restaurant are located to the east,west and south, away from the residentially zoned property.The applicant is proposing an completely indoor playland which will further reduce the sound to adjoining properties.The speaker box for the drive through portion of the restaurant will be located along the west side of the building. The applicant has indicated that state of the art technology will be used,and that with the volume control and direction of the speaker,there will be no noise escaping past the property lines. Long-term noise impacts may occur as a result of the increase in trip-ends and associated vehicular noise generated by the restaurant. Due to the existing level of traffic on Warner Avenue and the ambient noise from the surrounding developed uses,the project generated noise levels are considered negligible. No significant long-term noise impacts are anticipated. XI.PUBLIC SERVICES. Would the proposal have an effect upon,or result in a need for new or altered government services in any of the following areas: a) Fire protection? (Sources:Huntington Beach Fire Dept.) ❑ ❑ 0 ❑ b) PoIice Protection? (Sources: Huntington Beach Police Dept.) ❑ ❑ ❑ c) Schools? (Sources: 13) Environmental Assessment 495-4 7 of 11 4/24/96 .IU. • Potc...jally Significant Potentially Unless Less Than Significant . Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact d) Maintenance of public facilities, including roads? (Sources: City of Huntington Beach) El 0 11 e) Other governmental services? (Sources: City of Huntington 9 Beach) Discussion: The proposed project has initially been reviewed by the various City Departments,including Public Works,Fire and Police,for compliance with all applicable City codes. With the implementation of standard conditions of approval,and compliance with City specifications, no significant adverse impacts to public services are anticipated. XUXTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies,or substantial alterations to the following utilities: a) Power or natural gas? (Sources: 5, 7) b) Communication systems? (Sources: 5,7) El 11a c) Local or regional water treatment or distribution facilities? 0 El (Sources: 5,7) d) Sewer or septic tanks? (Sources: 5,7) El El Z 11 e) Storm water drainage? (Sources: 5, 7) El El Q 11 f) Solid waste disposal? (Sources: 5, 7) 0 11 ❑X g) Local or regional water supplies? (Sources: 5,7) 9 11 Discussion: The project will require incremental extensions of public services and utilities to the site,which will be provided by the respective governmental agencies and utility companies. According to the Public Works Department,water utilized by the development would be approximately 3300 gallons per day. The project will also generate approximately 1,131 pounds of solid waste per day. The latter will be collected by the Rainbow Disposal Company,which can accommodate this demand. With the implementation of standard conditions of approval,no adverse impacts to the City's utilities are anticipated. These connections are considered as minor improvements,and existing systems can accommodate the projected use. XIII.AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? (Sources: 1,3) El El El ❑X b) Have a demonstrable negative aesthetic effect? (Sources: 1,2, El 11 19 ❑ 4) c) Create light or glare? (Sources: 2) ❑ Q El Environmental Assessment#95-4 8 of 11 4/24/96 Pot.-.dally Significant Potentially Unless Less Than Significant • Mitigation Significant 6SUES (and Supporting Information Sources): Impact Incorporated Impact No Impact Discussion: The project site is located along a scenic corridor as designated by the Huntington Beach General Plan..The project will provide more than twice the code required amount of landscaping on the site,and will incorporate trees and shrubs that are compatible with new development to the east at Meadowlark Plaza.The project site is not in the vicinity of any scenic vista or resource. The proposed development will consist of a restaurant building with parking and landscaped areas. The applicant is proposing a total of approximately 7000 square feet of landscaping (approximately 18%of the site area).This is above the code requirement for 3000 square feet of landscaping(8%of the site area).The proposed height, setback and design of the structure are in accordance with the HBZSO,and compatible with the development in the surrounding area.No adverse aesthetic impacts are anticipated. The project will introduce new light sources on the project site,including lighting for the buildings and parking lot. These are the same type of lighting sources which presently exist in the area. The incremental increase in ambient light due to the new buildings is expected to the negligible. With implementation of standard conditions of approval(See No. 5 on Attachment No. 3) requiring the directing of lights in a manner to prevent spillage onto adjacent properties,no adverse impacts are anticipated. XIV.CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (Sources: 14) b) Disturb archaeological resources? (Sources: 14) 11 Ela c) Affect historical resources? (Sources: 15) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (Sources: 2) e) Restrict existing religious or sacred uses within the potential 110 impact area? (Sources: 3) Discussion: The project site is not located within the City's historic district or in the vicinity of any identified archaeological sites or cultural resources. No impacts are anticipated. XV.RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or 0 other recreational facilities? (Sources: 1,2) b) Affect existing recreational opportunities? (Sources: 1) El 9 Discussion: Impacts to demand for recreational facilities are typically generated by introduction of additional users associated with residential development,or due to loss of recreational facilities or recreation designated property.the proposed project does not involve any for the above characteristics,therefore,the project is not expected to add to demand for neighborhood or regional parks. The development will provide a 1400 square foot indoor playland for children. No adverse impacts to recreational opportunities are expected. Environmental Assessment#95-4 9 of 11 4/24/96 �: .ia Pot....ually Significant Potentially Unless Less Than Significant- Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact XVI.1k7ANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of a the environment, substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (Sources: 2,7) Discussion: The project is not located in the areas of any wildlife or biological resource areas and will therefore not substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community,or reduce the number or restrict the range of a rare or endangered plant or animal. No significant adverse impacts are anticipated. b) Does the project have the potential to achieve short-term,to El El 0 the disadvantage of long-term environmental goals? (Sources: 3) Discussion: The proposed project is consistent with the City of Huntington Beach General Plan. It does not represent a significant negative impact to the environment or goals of the City. c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects.) (Sources: 3) Discussion: See discussion of items no. I-XV above. d) Does the project have environmental effects which will cause Q substantial adverse effects on human beings,either directly or indirectly? (Sources: 2,6) Discussion: See discussion of items No. I-XV above. Environmental Assessment 495-4 10 of 11 4/24/96 XVII. EARLIER ANALYSIS Oarlier analyses may be used where,pursuant to tiering,program EIR,or other CEQA process,one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). Earlier Documents Prepared and Utilized in this Analysis = Reference # Document Title Available for Review at: 1 Project Vicinity Map See Attachment#1 2 Reduced Site Plan See Attachment#2 City of Huntington Beach Community 3 City of Huntington Beach General Plan Development Dept.,Planning/Zoning Information Counter,3rd Floor 2000 Main St. Huntington Beach 4 City of Huntington Beach Zoning and Subdivision Ordinance " 5 City of Huntington Beach Environmental Impact " Report for General Plan Update 6 Project Narrative for EA 96-3/ZC 96-2/ CUP 96-25 " 7 City of Huntington Beach General Plan Technical " Background Report for General Plan Update 8 Geotechnicallnputs for City of Huntington Beach 9 FEMA Flood Insurance Rate Map (April, 1996) " 10 Air Quality Handbook,South Coast Air Quality " Management District 11 Trip Generation, 4th Edition " Institute of Transportation Engineers City of Huntington Beach City Clerk 12 City of Huntington Beach Municipal Code Office,2nd Floor 2000 Main St. Huntington Beach 13 City of Huntington Beach City of Huntington Beach Community CEQA Procedures Handbook Development Dept.,Planning/Zoning Information Counter,3rd Floor 2000 Main St. Huntington Beach 14 City of Huntington Beach Archaeological Site Vicinity " Map 15 City of Huntington Beach Historic District Location " Map Environmental Assessment 495-4 11 of 11 4/24/96 P� qla-i1a( `(? 1 Q(3 tt jCt(o Q z,.S. NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, October 7, 1996, at 7:00 PM in the City Council IChambers, 2000 Main Street,Huntington Beach,the City Council will hold a public hearing on the following item ZONING MAP AMENDMENT NO. 96-2/NEGATIVE DECLARATION NO. 96-3 (MCDONALD'S RESTAURANT): Applicant: Xavier Orozco, Orozco-Keller&Associates 1 Request: Zoning Map Amendment(Zone Change)from CO (Office Commercial)to CG (General Commercial) on a 37,500 square foot parcel in order to construct a McDonald's restaurant with a drive-thru lane. Location: 5095 Warner Avenue(northwest corner of Warner Avenue and Airport Circle). Project Planner: Laura Phillips NOTICE IS HEREBY GIVEN that an initial environmental assessment for the above item was processed and completed in accordance with the California Quality Act. It was determined that it would not have any significant environmental effects and that a negative declaration is warranted. Prior to acting on the Zoning Map Amendment,the City Council must review and act on the negative declaration. The environmental assessment is on file at the City of Huntington Beach Community Development Department, 2000 Main Street, and is available for public inspection and comment by contacting the Community Development Department, or by telephoning(714) 536-5271. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after October 3, 1996. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to,the public hearing. If there are any further questions please call the Planning Division at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (cclg11007) Q 16 &IN FAD1 WARM Project ` F4T •rmw„vDus GELD-0 M AMANTA RAC nAaoaorr T. u _ �I •a�>om�a u / J / / 01AVER•ER ENE I WARNER. AVE J W DUNBCR qV Z W ,® VICINITY MAP y ZC 96-2/EA 96-3 HUlMNGTON BEACH P[AKNING DNiSION GUARANTEE LIABILITY $ 100.00 ORDER NO. FEE $ N/C YOUR REF: 146-601-25 FIRST AMERICAN TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES MC DONALD'S 4370 LA JOLLA VILLAGE #800 SAN DIEGO, CA herein called the Assured,against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. Dated: JANUARY 17, 1996 FIRST AMERICAN TITLE INSURANCE COMPANY James F. Gominsky 'Assistant Vice President Director of Special Services First American Title Insurance Co. 114 E. Fifth Street Santa Ana, CA 92702 714/558-3211 SCHEDULE A PROPERTY OWNER'S NOTICE GUARANTEE 1. That, according to the last equalized "Assessment Roll" in the Office of the Orange County Tax Assessor- a. The persons listed as "Assessed Owner" are shown on the assessment roll as owning real property within 300' feet of the property identified on the assessment roll as Assessor's Parcel Number 146-601-25. b. The Assessor's Parcel Number and any addresses shown on the assessment roll are attached hereto. 3DNV60 JO AiNnO.? SJ TWO Ad NMOHS 7Y7 77bt-+v11D0 1 M't 3n 1 Z 30 rd 91l .v009 SHIRR 73J.Yrd l— dYry StfJSSJSSr 9 J+J07B S�1CrSS35�Y - JION 3/IN3�✓ :+Ar ;y>♦salr++ d-?NdVA1 7,951 N dyrl fL'-O�Z'tSL-OBZ 11'd J✓PV 730YVd' K Oat t►e � W cr—Ol "N n 99 'ON 1 JYdt1 ;r otzr t j f I r K-011 Td , I i af�at Td , • � , I -oar Te ;, 99 'ON �.- -j ----- I o , I 6t-Oat Td r I 9 I N 78 r� A U 8 1 t I r:-cat Ole .00lti1 I r I ra-rt trd I I I t I\ 1�d211 •+ ----------- -r�------- -- J�Od �JJdrb t I Z� a � r I Z 'N78 £' t I t i I I 6ti'Jal •T'd I i O z r I I :�• -b Z-9t" r r��ocrn 1 � ;I POR. N.1/2, N.W.1/4, N.W.1/4, SEC.28, T.5 S., R.11 W. D�ORAWGE 163 — 12 T-; "OSrS ON0 APJrE AS TO 146-60 146-24 sir. C!;U;ir1SSE5S0a 19c3 a. Q S WA R AVEMJE TRACT �. 9Jv-s�� �9a a O 08. O cj for Sj�� .� 16 , 12J = O (=) NO. 14448 ,. - TRACT „. A-C PAR 2 w O (� 121 s9 < (122) c 2E 1r� A dc, 2 (Dewr 06 © 1 SY M --eur PAR. , ' cli D So w O W (CAI s DV49AR 5 1�J cu VA-79 1j id �5 ear v� A R 2 PAP A • AP AP- PAR. ) O LAQ A P o PA P P P ) P (�J (� 11 19 (J� (D CD 22 ' NO. 9235 0 2J 2' 21 '.6, 13 A/AREH 1969 TRACT NO. 9235 AIM. 383 — 10. 11. 12 11oTE - ASSESSOR'S BL.00K S ASS£SSCA''S MAP TRACT NO. 14448 M.M. 684 — 48, 49, 50 PARCEL N MBEhi BOOK 163 PACE 12 PARCEL MAPS P.M. 125-47, 144-20, 169—q, 210-39 S-404M IN CR[LCS CO✓w1) r I T7 /00 146-60 y �2 ^v/ Qi 17 24 ROOSEVELT ,�. LANE A/RPORT /R005[v[t 7 LAMC/ C/RCL E — LAN a _ TRACT ♦f \ i PAVT; li 9 20 25` Go ,i lu 24 54AC a, fo LOT T 107 14 — 26 T/o-a -• 21 1 27 s ,so .o• + i3 - iz 601 _ , rr; •' M � N N �f' ,,. • •• BLK .5 PART .•s• PAR! _ • — 2B_ Q TRA TRACT ; 4 - ——— 33 Q /� ' 44 • II 10 's d 1 O O • G2 O A' /64-51 \J o• c ° O s� 6 •sr T I , r I tn7 ! MOODY C/RCL E 6O Q - 41 11 '7 45 c PAR I`/ ' J P Y /37-T Q if •.!r a• rs .r'n,� Ir• Q IV PM/ / JC\ Y u\ 4 .O O O NO 0./32/2 /22 O : 40 Q 0 f M NO BG N L 2. BOL SA CH/CA — STREET a O o, • h h 1�e-23 178-2G i' PR/V4T[SYREC7 NOTE ASSESSOR S BIOCR R ASSESSOR S MAP _ MARCH /986 TRACT/✓O 86 MM/0-J.5„J6 PARCEI NUMURS BOOK 06 PAGE 60 C TRACT NO /2206 ,vM 338-49.50 SHOWN IN C190fS COUNTY OF ORANGF TRACT NO. /32/2 Al M 628_59,40 IA'I/SP'V IAAf APN: 146-241-34 fa* APN: .146-241-36 fa* APN: 146-241-37 fa* Dick Yukio Nerio Wood Invests Meadowlark Dick Yukio Nerio 9340 Bolsa Ave 580BROADWAY n 117 9340 Bolsa Ave Westminster CA 92683 Laguna Beach CA 92651 Westminster CA 92683 APN: 146-601-23 fa* APN: 146-601-24 fa* APN: 146-601-26 fa* i Jan Law Dick Yukio Nerio Richard H. Joslyn 16811 Roosevelt Rd 9340 Bolsa Ave 24273 Park Granada Huntington Bh CA 92649-4002 Westminster CA 92683 Calabasas CA 91302 APN: 146-601-27 fa* APN: 146-601-28 fa* APN: 146-601-29 fa* Winchica Community Water Richard H. Joslyn Sidney A. Crossley / Po Box 103 24273 Park Granada 16912 Bolsa Chica St1 ,#7-01 Sunset Beach CA 90742 Calabasas CA 91302 Huntington Bh CA 92649 APN: 146-601-30 fa* APN: 146-601-31 fa* APN: 146-601-32 fa* i Sid Crossley Sidney A. Crossley Bank Orange City 16912 Bolsa Chica St 201 16912 Bolsa Chica St 2730 East Chapman Ave Huntington Bh CA 92649 Huntington Bh CA 92649-3572 Orange CA 92669 1. APN: 146-601-33 fa* APN: 146-601-34 fa* APN: 146-601-35 fa* Robert G. Vaughn H A T Propert' Bijan Haghighat 1137 East Balboa Blvd 16882 B a Chica St 10 9512 Netherway Dr Newport Beach CA 92661 Hu 1ngton Bh CA 92649 Huntington Bh CA 92646 APN: 163-121-03 fa* APN: 163-121-04 \' fa* APN: 163-121-07 fa* Richard M. Deam Chab>ngt.n f Wes range County Rocky Beach Properties Ltd 26171 Hitching Rail Rd SOS2 r Ave 70400 Kinikin Rd Laguna Hills CA 92653 Hu Beach CA 92649-4030 Montrose 81401 APN: 163-121-08 fa* APN: 163-121-09 fa* APN: 163-121-22 fa* Shinya Tokubo Shinya Tokubo Rodolfo Espinoza 25656 Elm Bank Dr 25656 Elm Bank Dr 5121 Dunbar Ave Laguna Hills CA 92653 Laguna Hills CA 92653 Huntington Bh CA 92649-4403 APN: 163-121-23 fa* APN: 163-121-24 fa* APN: 163-121-25 fa* Albert L. Head Rocky Beach Properties Ltdshp Joe D. Itson 5111 Dunbar Ave 70400 Kinikin Rd 18262 Sharon Ln Huntington Bh CA 92649 Montrose 81401 Villa Park CA 92667 APN: 163-121-26 fa* APN: 163-121-Sl fa* APN: 939-54-420 fa* Ching Chung Weng Perlof Louis H Tr Cc Gary Hoffman 16402 Hobart Ln Po Box 3686 5142 Warner Ave 100 Huntington Bh CA 92647 Tustin CA 92681 Huntington Bh CA 92649-4044 } APN: 939-54-421 fa* APN: 939-54-422 fa* APN: 939-54-423 fa* Winifred S. Quevillon Davorge 11 Davo�BeachCA 4423 Foxenwood Ln 302 Pin ve CA 302 Santa Maria CA 93455 Lo Beach CA 90801 L 801 APN: 939-54-424 fa* APN: .939-54-425 fa* APN: 939-54-426 K fa* Russell Mark Mayes Carole Adair Lotz Arnold Davorge I1 5142 Warner Ave 104 5142 Warner Ave 105 302 Pi ve CA Huntington Bh CA 92649-4044 Huntington Bh CA 92649-4044 L Beach CA 90801 4 APN: 939-54-427 fa* APN: 939-54-428 fa* APN: 939-54-429 fa* Davorge 11 Davorge I1 Davorge I1 302�PineAA 302 Pin ve CA 302 Pi ve CA Lon90801 Lo Beach CA 90801 L Beach CA 90801 APN: 939-54-430 fa* APN: 939-S4-431 fa* APN: 939-54-432 fa* Davorge 11 Davorge I1 Stephan A. Claus 302 P' a Ave CA 302 P' Ave CA 5142 Warner Ave 200 g Beach CA 90801 L g Beach CA 90801 Huntington Bh CA 92649-4044 APN: 939-54-433 fa* APN: 939-54-434 fa* APN: 939-54-4 fa* Davorge 11 Davorge 11 Davorge I 302 Pi Ave CA 302 Pi Ave CA 302 P' e Ave CA Lo Beach CA 90801 Lo Beach CA 90801 L g Beach CA 90801 APN: 939-S4-436 fa* APN: 939-54-437 fa* APN: �939-54-438r fa* Davorge Il Davorge I1 Davor302 Pi Ave CA 302 P' Ave CA 302 P L Beach CA 90801 L g Beach CA 90801 g Beach CA 90801 APN: 939-S4-439 fa* APN: 939-54-440 fa* APN: 939-54-441 fa* Brenda Katramados Davorge I1 Davorge I1 5142 Warner Ave 207 302 P' Ave CA 302 P' Ave CA Huntington Bh CA 92649-4035 L Beach CA 90801 g Beach CA 90801 APN: 939-54-442 fa* APN: 939-S4-443 fa* APN: 939-54-444 fa* Davorge 11 Davorge I1 Davorge I1 302 P' Ave CA 302 Pi Ave CA 302 P. Ave CA Lo g Beach CA 90801 L Beach CA 90801 Lo g Beach CA 90801 APN: 939-�4-44A � fa* APN: 939-54-446 fa* APN: 939-54-447 fa* Davorge I Davorge I1 Randy Triffo 302 P' 302 Pin ve CA 5142 Warner Ave 303 L g Beach CA 90801 Lon each CA 90801 Huntington Bh CA 92649-4035 APN: ' 939-54-448 fa* APN: 939-54-449 fa* APN: 939-54-4 fa* J. Dexter Bowers John A. Webb Davorge I 5142 Warner Ave 30S 5142WARNERAVE n 307 302 ' e Ave CA Huntington Bh CA 92649-4035 Huntington Beach CA 92649 ng Beach CA 90801 APN iyto - G�cI - �5 APN: 939-54-451 fa* APN: 939-54-452 fa* {VI�1� C/rGz LO Edward W. Flick Randy E. Rice (q� 1 Beac VA P,[Vd- 5142WARNER # 310 5142 Warner Ave 312 i1k1 n Y��Gkcv l Huntington Beach CA 92649 Huntington Bh CA 92649-4035 146-601-34 • 163-121-04 • 939-54-422 HSIEH Trust / .West Orange County Cha &. & Merchants BK Farmer 965 Sunnyhill Pl . 5702 Clark Dr. No. 18 302 Pine Ave . Diamond Bar CA 91765 Huntington Bh CA 92649 Long Beach CA 90802 939-54-423 939-54-426 939-54-427 Teri Winkler Ronald P. Hansen &. & Merchants BK Farmer 5142 Warner Ave . No. 103 5142 Warner Ave. No. 107 302 Pine Ave. Huntington Bh CA 92649 Huntington Bh CA 92649 Long Beach CA 90802 939-54-428 939-54-429 939-54-430 Robert E . Gledhill Linda Villanueva Xavier R. Aguilar 5142 Warner Ave . No. 108 5142 Warner Ave . No. 110 5142 Warner Ave . No. 111 Huntington Bh CA 92649 Huntington Bh CA 92649 Huntington Bh CA 92649 939-54-431 939-54-433 939-54-434 Gerard M. Periolat &. & Merchants BK Farmers William S. Chan 5142 Warner Ave . No. 112 302 Pine Ave . 5142 Warner Ave. No. 202 Huntington Bh CA 92649 Long Beach CA 90802 Huntington Bh CA 92649 939-54-435 939-54-436 939-54-437 Masato Asakawa &. & Merchants BK Farmers &. & Merchants BK Farmer 5142 Warner Ave . No. 203 302 Pine Ave . 302 Pine Ave . Huntington Bh CA 92649 Long Beach CA 90802 Long Beach CA 90802 939-54-438 939-54-440 939-54-441 Jason K. E. Gooding &. & Merchants BK Farmers Jacqueline M. Smith 5142 Warner Ave . No. 206 302 Pine Ave . 5142 Warner Ave . No. 209 Huntington Bh CA 92649 Long Beach CA 90802 Huntington Bh CA 92649 939-54-442 939-54-443 939-54-444 David C. Peckenbpaugh WM P. O'Brien &. & Merchants BK Farmer 5142 Warner Ave . No. 210 5142 Warner Ave. No. 211 302 Pine Ave . Huntington Bh CA 92649 Huntington Bh CA 92649 Long Beach CA 90802 -939-54-445 939-54-446 939-54-450 &. & Merchants BK Farmers Margaret A. Jewett &. & Merchants BK Farmer 302 Pine Ave . 12631 Imperial HWY No. 11 302 Pine Ave . Long Beach CA 90802 Santa Fe Spgs CA 90670 Long Beach CA 90802 PUBLIC HEARING NOTIFICATION CHECKLIST MAILING LABELS - 4/3/95 Planning Director 23 James Jones 30 OC County Harbors ch 35 City of Seal Bea Ocean View Elementary and Parks De 211�Ei School district P. O. Bo 48h,CA 90740 17200 Pinehurst Lane Sa Ana,CA 92702-4048 Huntington Beach CA 92647 ;245 Coastal Commiss' 24 Ron Frazier 31 Cheryle Browning 36 eresa Hen Westminster School District Meadowlark Area W oadway,Ste 380 14121 Cedarwood Avenue 16771 Roosevelt Lane ch,CA 90802 Westminster CA 92683 Huntington Beach,CA 92649 California Coastal Co ion 24 Patricia Koch 32 Sally Graham 36 South District e HB Union High School Disrict Meadowlark Area 245 W oadway No. 380 10251 Yorktown Avenue 5161 Gelding Circle 11�each,CA 92802-4458 Huntington Beach,CA 92646 Huntington Beach,CA 92649 Robert Joseph 25 David Hagen 32 Caltrans District 12 HB Union High School district Koll Company 37 2501 Pullman St. 10251 Yorktown 7711 Center ue,#215 Santa Ana,CA 92705 Huntington Beach,CA 92646 Hunti n Beach,CA 92647 Director 26 Huntington Beach Mall 33 Local Solid Waste Enf. Agy. Attn: Pat Rogers e O.C. Health Care Agency 7777 Edin ve. #300 P.O. Box 355 Hunt' on each CA 92647 Santa Ana,CA 92702 New Growth Coordinator 27 CSA 33 Huntington Beach Post Office 730 El Camin 200 6771 Warner Ave. Tusti 680 Huntington Beach,CA 92647 Marc Ecker 28 Goldenwest College 34 Fountain Valley Attn: Fred Owens Elementary School District 15744 Go est St. 17210 Oak Street Hu ton Beach CA 92647 Fountain Valley CA 92708 Dr. Duane Dishno 29 Country View Estates 35 HB City Elementary School Dist. Carrie Thom PO Box 71 6642 er Drive Huntington Beach,CA 92626 tington Beach CA 92648 Jerry Buchanan 29 167e untry View Est OA 35 HB City EIementary School Dist. rry Cha n 20451 Craimer Lane 42 ire Circle Huntington Beach, CA 92648 tington Beach CA 92648 gaables\phnlbls 7 PUPC HEARING NOTIFICATION CHECKLISO" MAILING LABELS - 4/3/95 President 1 Huntington Harbor POA 10 Edna Littlebury 17 H.B. Chamber of Commerce P. O. Box 791 Golden St. Mob. . wners Leag. 2210 Main Street,Suite 200 Sunset Beach,CA 90742 11021 is Blvd. Huntington Beach,CA 92648 Ga n Grove,CA 92642 Judy Legan 2 Pacific Coast Archaeological 18 H.B./F.V. Board of Realtors Society,Inc. 8101 Slater Ave. P.O. Box 10926 Huntington Beach,CA 92647 Costa Mes 92627 Attn e Gothold President 3 William D. Holman 11 County of Orange/EMA 19 Amigos De Bolsa Chica Pacific Coast Homes Michael M. Ruane,Dir. P. O. Box 3748 23 Corporate Plaza,Suite 250 P.O. Box 4048 Huntington Beach,CA 92605 Newport Beach CA 92660-7912 Santa Ana,CA 92702-4048 Mr.Tom Zanic 12 Planning Department 19 Seacliff Partner Orange Coun 520 Br ay Ste. 100 P. O. Bo C48 S a Monica,CA Sa na,CA 92702-4048 President 5 Pres.,H.B. Hist. Socie 13 County of Orange/EMA 19 Huntington Beach Tomorrow C/O Newlan se Museum Thomas Mathews 411 6th St. 1982 ach Blvd. P. O. Box 4048 Huntington Beach,CA 92648 tington Beach,CA 92648 Santa Ana,CA 92702-4048 Julie Vandermost 6 Chairperson 14 County of Orange/ 19 BIA-OC Historical Resources Bob Fisher, � . 9 Executive Circle #100 Comm. Sery ept. P.O. B 048 Irvine Ca 92714-6734 2000 m St. a Ana,CA 92702-4048 FDxK5'ngton Beach,CA 92648 Richard Spicer 7 Council on Aging 15 Planning Dir. 20 SCAG 1706 Oran e. City of Costa a 81 est 7th, I2th Floor Hun on Beach,CA 92648 P. O. B 200 s Angeles,CA 90017 C a Mesa,CA 92628-1200 E.T.I. Corral 100 8 Dominick Tomaino 16 Planning Dir. 21 Mary Be Seacliff Home ers Assoc. City of Fou alley 20 Eastwood Cir. 6812 S is Bay Lane 1020 ater Ave. untington Beach,CA 92646 H ington Beach,CA 92648 F ntain Valley,CA 92708 Tom Ryan, Environmental 9 Seacliff HOA 16 Planning Director 22 Board Chairman Jeff Metzel City of Westminste 8852 Luss Drive 1939 ady Harbor Circle 8200 W inster Blvd. Huntington Beach,CA 92646 ntington Beach CA 92648 W inster,CA 92683 g:lables\phnlbls Connie Brockway,City Clerk • City of Huntington Beach ury\ � U.POSTAGE ") Office of the City Clerk t �� �_�`�, -A� „ P.O.Box 190 s0 27 W. Huntington Beach, CA 92648 " ^.�2 x I\ N CAL1 (METER— � a n n 9701382 163-121-04 / . West Orange County Chi 5702 Clark Dr. No. 18..,r,�� Huntington Bh CA 9 �%xNj INGTpy �, .... _' � ..,....,gyp • va Q= 9'yCF �FQJ;L ISO ,gyp CDUN TY Cad\ LEGAL NOTICE - PUBLIC HEARING 12 r 1 - i Connie Brockway,u Z�\"k, u,y pt, � ( U.S.POSTAGE j? City of Huntington b. �CO --- I��,y Office of the City Clerk = SEP27 .� �. - i\.' P.O. Box 190 v • " Huntington Beach, CA92648 �q��4; J Fs70138i " 'o s�Mnr? G� V9 lys l Z y , � 'o -poi-27 fa* J Al P�y �� / A f ca C"WilIIIity Water Sunoe' I N GTp y� t4;""H /01 b v AV 41 v\ Q ��DUNTY cps LEGAL NOTICE - PUBLIC HEARING H CITY OF HUNTINGTON BEACH CITY ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To: Connie Brockway, City Clerk From: Ray Sdver, Assistant City Administrator OW Date: October 1, 1996 Subject: Notice of Public Hearing-Zone Change 96-2 &Negative Declaration 96- 3 for McDonald's Restaurant i Following a lengthy process, a commitment was made to the applicant that the hearing for this zone change and negative declaration would be held at the City Council meeting of October 7th. However, the hearing notice reached the City Clerk's office after the last day for publication in the Independent. In order to meet our commitment to this applicant and hold the hearing at the October 7th City Council meeting it is necessary to publish the notice for the public hearing in an alternate publication. In line with the City's effort to maintain a business friendly atmosphere, the exceptional action of utilizing an alternate publication and incurring additional cost for publication of the public hearing notice is hereby authorized. RS:PD I I I i From the desk of.• CONNIE BROCKWAY City Clerk 1 City of Huntington Beach; _i 5� ,e U, 536 IJ�� CITY CC., J�!='CIE H E � O R A S G E C O 1' S T 5' • • 1egisterr ADVERTISING P.O.BOX 11626 INVOICE 1 SANTA ANA,CA.92711 (714)565-6750 FAX(714)565-3609 3 ACCOUNT NUMBER 4 BILLING DATE 2 ACCOUNT OF: 0067341002 09/30%96 5 BILLING PERIOD 61 PAGE NUMBER CITY OF HUNTINGTON BCH CLERK CITY CLERKS OFFICE 09/01/96 TO 09/30/96 PAGE 1 P. 0. BOX 190 7 AMOUNT DUE AMOUNT PAID HUNTINGTON BEACH CA 92648 P006734100200700000000009 ORANGE COUNTY REGISTER•625 N GRAND•SANTA ANA,CA.92701 (714)565-6750 uw,. 21 ACCOUNT OF: 3 ACCOUNT NUMBER: �NET PAYMENTTERMS: CITY OF HUNTINGTON BCH CLERK 0067341002 15 DAYS E9D on do Reference I.D. 12 ,3 Description ,s Page No. 19 SIZE y GROSS Edition-Ad Type Or ,a of TOTAL UNITS 21 RATE •E% 22 P.O.Number 14 15 ether Charges Credits t7 Class Runs 20 AMOUNT PREVIOUS BALANCE 134.40CR *** CLS PUB *** 09/27/96 716440001 PUBLIC NOTICE 0601 1 3.00X117 L 2.40 842.40 PUBLIC HEARI REGISTER /LEGAL NOTI 351.00 W1 IN,. 4- -•I .., •� ENT BY REQUEST FOR ADJUSTMENTS TO BILLING MUST BE MADE WITHIN 30 DAYS 231 Total 24 Agency z5 Net 2s Current Days Days Days 7 Total Amount Activity Commission Activity Worm#1-0053 T H E O R A N G E o c • • legisfer s T T ADVERTISING QP.O.BOX 11626 INVOICE SANTA ANA,CA.92711 (714)565-6750 FAX(714)565-3609 3 ACCOUNT NUMBER a BILLING DATE 2 ACCOUNT OF: 0067341002 09/30/96 W 5 BILLING PERIOD 6 PAGE NUMBER CITY OF HUNTINGTON BCH CLERK CITY CLERKS OFFICE 09/01/96 TO 09/30/96 PAGE 2 P. 0. BOX 190 7 A OUNT DUE AMOUNT PAID HUNTINGTON BEACH CA 92648 $ 708.00 $ P006734100200700000708007 ORANGE COUNTY REGISTER•625 N GRAND•SANTA ANA,CA.92701 (714)565-6750 2 ACCOUNT OF: 3 ACCOUNT NUMBER: �NET PAYMENTTERMS: CITY OF HUNTINGTON BCH CLERK 0067341002 15 DAYS 10 Reference I.D. r2 13 Description 16 Page No. 1s 0 GROSS Publication SIZE s Edition-Ad Type or 16 or 21 RATE E° 22 DATE „ P.O.Number ra 1s yp 17 20 TOTAL UNITS E �0 AMOUNT Other Charges-Credits Class Runs *PLEASE INCLUDE THE TOP PORTION OF THIS SUMMARY PAGE WHEN SENDING YOUR PAYMENT* w ********* SUMMARY PAGE ********* BALANCE FORWARD 134.40CR TOTAL CLASSIFIED CHARGE 842.40 DAILY LINEAGE 351.00 IGI REQUEST FOR ADJUSTMENTS TO BILLING MUST BE MADE WIThIN•30 DAYS 23 Total 24 Agency 25 Net 26 Current 30 Days 45 Days 0; Days Total Amount DL Activity Commission Activity 842.40 0.00 842.40 842.40 0.00 0.00 134.40CR 708.00 Form#1-0053