HomeMy WebLinkAboutApproved Entitlement Plan Amendment 02-04 - Old World Separa CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERIC
CONNIE BROCKWAY
CITY CLERK
November 22, 2002
James Burgard
7561 Center Ave. #9
Huntington Beach, California 92647
Dear Mr. Burgard:
The City Council of the City of Huntington Beach at its regular meeting held Wednesday,November
6, 2002 denied the appeal to the approval of Entitlement Plan Amendment No. 02-04 (Old World-
Separate Occupancy—Applicant Inge McKellop) 7561 Center Avenue (w/o Huntington Village
Way). The City Council approved EPA 02-04 with findings and conditions of approval.
Page 7 and 8 of the November 6, 2002 action agenda and the Findings and Conditions of
Approval are enclosed. If you have any questions regarding this matter,please contact my office
at(714) 536-5227.
A copy of the minutes will be forwarded to you when prepared.
Sincerely,
Connie Brockway, CMC
City Clerk
cc: Inge McKellop, HOA President
7561 Center Ave. #38
Huntington Beach, CA 92647
G:/followup/appeal/decision/Old World-Separate Occupancy
(Telephone:714-536-5227)
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Wednesday, November 6, 2002, at 7:00 p.m. in the City
Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public
hearing on the following planning and zoning items:
❑ 1. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL
USE PERMIT NO. 02-11 (PRAISE CHRISTIAN CHURCH): Appellant: Michael
H. Leifer on behalf of Praise Christian Church and Derek Anunciation Request:
Appeal of the Planning Commission's approval of Conditional Use Permit No. 02-
11 to permit the establishment of a religious assembly use including religious
instruction within approximately 2,840 square feet of an existing 21,800 square
foot landscape warehouse building. The request includes joint use parking
based on divergent hours of operation of uses and the addition of 19 parking
spaces on a separate but contiguous parcel located at the northeast portion of
the site. Location: 18851 Goldenwest Street (west side of Goldenwest Street,
north of Garfield Avenue). Proiect Planner: Paul Da Veiga
2. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF ENTITLEMENT
PLAN AMENDMENT NO. 02-04 (OLD WORLD — SEPARATE OCCUPANCY):
Appellant: James Burgard Request: Appeal of the Planning Commission's
approval of Entitlement Plan Amendment No. 02-04 to amend Conditional Use
Permit No. 75-24 to allow separate occupancy of first floor retail suites and
second floor residential units in lieu of requiring the property owner or business
owner to occupy both floors of each building. The request also includes no
increase in additional parking based on a parking demand analysis. The
proposed separate occupancy of second floor residential units requires 41
additional parking spaces pursuant to Chapter 231 of the Huntington Beach
Zoning and Subdivision Ordinance. Location: 7561 Center Avenue (North side
of Center Avenue, west of Huntington Village Way).Proiect Planner: Paul Da ,
enga
NOTICE IS HEREBY GIVEN that Item No. 1 and Item No. 2 are categorically exempt from the
provisions of the California Environmental Quality Act.
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 on Friday, November 1, 2002.
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
(g\1ega1s\CCLGFRM2\02cc 1106) /
I
Planning Department at (714) 536-5271 and refer to the above items. Direct your written
communications to the City Clerk.
Connie Brockway,.City Clerk - "i .
` City-.of-Huntington-Beach :
2000 Main-Street;_2nd Floor-:-
Huntington Beach, California•92648:
(714) 536-5227
(gUegals\CCLGFRM2\02cc 1106)
L OF ENTITLEMENT
AMENDMENT No. 02-0
OR VIL.LAGE
CENTER AVENUE
NT: JAMEs BURGARD
NT: INGE IVIO KEL.L,OP
NOVEMBER 6, 2002
MENT PLAN AMENDMENT
END CUP No. 75-24
LOW SEPARATE OCCUPANCY OF
AND SECOND FLOORS
LOW EXISTING PARKING TO
MMODATE SEPARATE OCCUPANCY
D ON A PARKING DEMAND ANALYSIS
ECIPROCAL PARKING WITH ONE
IC PLAZA
�IPlud{�if��i91 �
ON
®RLD VILLAGE 4 7561 CENTER
®RTH SIDE OF CENTER DR.,
OF HUNT➢NGTON VILLAGE WAY
UNDINGS
ERC➢AL AND OFFICE USES TO
®UTH AND EAST
ENTIAL USES TO THE NORTH
NT L®T TO THE WEST
L MIXED USE BUILDINGS
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w�?,t'.�y+ �,d-+3- '',s� ��'!�,"rr.-,r�c.�, �u�•��,�^ ai �1�Y c,,;3.,,,r ry3� ,."` '`t��'�y,�L,�^
''t�.. �a. ...� .M �_. ..?-� �..ire.♦ 7.. ,.ccu r..r,.�;..4��n.:� m*�3
13 x
.i 7.8 Thii Declaration shall .create privity. of contract. �►:'s' ,;'
and estate with and among the rartieb bnd their.rebpective
h*irs, ext tutors, administrators, succeisort and assigns. vh,� '
,•+��3'•'�: a •.. L:.z.•.r'� ..',y""•
1•.�-S• t _ T: '' become Parties hereto pursuant to Section 7.1 above , 'In
,1 •1� the event of a breach, or.attempted or threetened'.•breach,wof;�; ii''-f1, y' -�
,' �' �• ; any of, the terms, covenants,_ and conditio!ib hereof, bny:` �,+;: a
!:•:. `.i Party (and the Association described in Section 3.3) shallgr„1 •,�-.`
u, be entitled forthwith to lull and adequate relief .by.injunc
ik •-
'" Lion and all .such other available.legal and equitable remedios'-"a
�� F •+. _ from the consequences of such breach. The remedies ,permitted�;`.;�.;;;_!..',1
_ at law .or equity of any one or all such Parties shall. be
cumulative as to each and.as-to all.
z.
7.9 Any lien provided.:for herein shall be subordinate +'
to. any. bona fide first mortgage or first deed of trust:
" .vr:�.
,V` , �•i .� ! .�' ;} any .purchaser at any foreciasure or trustee's sale as Well.;����y,:•r,:�+ �
as any by deed or assignment in lieu of foreclosure or . f,• •.' :, F
Ct
PS:•
I t • . .trustee's sale) -under any such mortgage or -deed of trust `c+•',i �...�-�,�;�;.
}i•,•.t,.,. r . :1. shall take. title free from any such lien, but otherwise.A '
Xtr ,1 subject to•the provisions hereof. 1 , r' "r� 1 J
T ' ,•_ ?a 9.10 The :captions heading the various sections of.-this•�41'2
i,..i
Declaration are for convenience and identification only,t and •;'}•; if ,
shall not be deemed to limit or-define the contents of .their .Y-
respective
.sect ion. - . . 't • .f T;t: `: -i�;}`t.;�,l'- ,`,_,.
r .
>w y;; :` . `'`,>f' _ 1 7.11 In the event that buit. is brought fok. the en " .!.
forcetoent of this Declaration. or as a result of any alleged�. '•`Lti i
+ breach tbereof, .the aaccbsbful litigant or litigants in such J
unit, -including-rMy Party iha11 'be entitled to be paid
zeasooibl* aEbozneyb' fees by the losing litigant or liti= 0 S • : s j
gantite i,tfa &nr:judgment or decree rendered shall include''any.:; { j is r ' •i
t, :K:,{.y `�4�:• 'F..'' , i bv&A•thereofme
q t y `I „ .;1 .1'.:�'a•r • y. t , •1 r 1 ! J •`�
:'1; }I�'� ••' 1'fs L S tt{JiG ? 70 I= 5374%MKS tv SAN 23 guy
°� 54
EST � ,
Vi TAC
1726P6 774
'7.12 Each Party agrees, upon request, to join with the
other to ?ledicate exclusive easements for'all onsite water
u mains and appu--tenances 'to the City of Huntington..
r,
! � such dedication to be in a form satisfactory to the City of `��;' .
r� Huntington Be;.ch. Each Party also agrees, upon request, to '�.`�
Join with the other in dedicating, for enforcement purposes
only by the Huntingtc.i Beach Police Department, the private'!" r
,_• street described in Section 5 above. r,
• .:r r ..\� '� 'fir'F.;�\.� � .
1 7. 3 Each of the Parties agrees to cooperate reasonably
.. �• J d:.,.•.zi;•"}. ° .r ••�+I •..�1.!'•..�` CSC
f ` s ��' with the other in modifying and/or. supplementing the'cove-'-y;7�'-:;+,�;
' nants, conditions and 'restrictions set 'forth herein as may r •;;js•
be required to obtain the written approval of the Director ''
of Planning.and Environmental Resources of the City of Hunt- '
pN•
.�•��_ ington Beach, in accordance with Conditional Use Permit No.
'jqf
i`ra
7.14 In the event any Party shall sell, convey or
Cr
otherwise transfer its*interest in and to any portion of.the: ,'�
c :
Protect, such that`a am
. new Party is created pursuant to Sec
x
1 ?.•e ti.on 7.3. above or should the owner of 'ij,=• �'
4- any lot or parcel
aa
h+i within the subdivided TXSL Parcel sell ; convey or otherwise ).
�'" � �•:
Itransfer its interest in and to any such lot or parcel, the
said selling, conveyiing or transferring Party or owner shall
be automatically freed and relieved from and after the•date. ;;,'�'1;;'
yt, ' thereof of all liability as respects the performance of any •.• , ,:2� t
igreenent. or obligation on the part of such Party or owner
F • ': S
contained in this beclarbtion thereafter to b>e performed t-';i�• i
' with respect to the real prope
:!' vrty -so sold, coneyed or
I ` E
tr"sferred. it being intended bereby that the agree-vents
:i', and obligations contained in this Declaration on the part of
�►acb Party or owner shill be binding oa sncb pbrty or owner'
. s ,
-23-.
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i
test. A30 sic r-scar 1W UK us¢tus air S&IN sTIrr. 3
TIMIr -C x
ATTAGrA ENT NO � ��
37
i• only dt.rinq its ovnsrship, but tba selling, conveying or
tr"aftrria Part o o+r"r s a c, .y y r_ h 11 zemnin liable for any, �.•• ►•���'i
obligations incurred prior to the date of such transfer^or:
N
�• { Conveyance. , ;, :?• i
7.15 Nothing contained in this Declaration shall ba
0;,;,6•f x deemed to be a gift or dedication of .any portion of-the
Project, or of any other property„to the general public,..or^ ,; s1
e� for an public use or ur ose whatsoever, it being the 't- + } :< '-'
•�es'c Y P P P 4 r
n{;+; ,., intention of the .Parties hereto that this Agreement be for
the exclusive benefit of the Parties and their successors
and assigns.
7.16.. Subject to Section 7.4, this Doclaration may be
terminated and/or amended by the wzitken agreement of all i.." `a-
C1:,fir i
as Parties, duly acknowledged by each of them, and recorded in
' the Office of the County Recorder, orange County. In tho
{. .:.}.
event that any portion of the Project is to be improved t►nd ;`a` ;::;' }�,
s. used exclusively for residentia,�pur4la-& ., as odd to' the , . ``•'`-� "'
jK type of combined residential and commercial development con
templated for the WCSL Parcel, the Parties agree to cooperate
+rp reasonably in terminnatinq the reciprocal ingress, egress and `
✓, !! parking easements ^establiahed,,,.b this Deco lir4ti_ on wa_Lhto
respect to such portion► provided that thb approval of the :•j: _ '
City.of Huntington Peach is first had and obtained to such J �
•"`
termination.: t`
ti;•, 7.,1T" In the event a "request to ch: ge and,alter this
Declaration is made .to the Parties by any lender or bens
ticiary undei .any prppoaed or existing mortgage or deed of ' �•c ����_ `t •�
trust ancvrberiuq the interest of any Party in the Project ' ` s :; A.
3 or by any major taaant, subtenant or prospective purchaser
7 of any each interest, consent to such chaage or alteration
-= I= A-V LM: TSJ=T It Ls[ S=n 13 k S1TA 3TR IT. ,
INO
` 3�-
zFf
i 1`• t ' of.this Declaration shall not be unreas•:Inably withheld by '
the Party not involved in the request b} such lender, bane- '' W+l + :"
ficiary, major Conant or purchaser.' Said Parties, entities . ,=r�:•
W+ J, or persons not involved in Ouch request shall be at no...
expense in this reoar'd.
In the event that Jerwel does not own all of the
ia:.t•; _
,• '.I :y, , Jervel Parcel.or in the event .that the-Parties do not own
;�'k"�� �%y!•:'a.l.,: •' '�_•:. ter,„• ;.i,
all of the private street as.of the date of the recordation
'�' if`'��• ;1 !of this Declaration, this Declaration `shall nevertheless be .. •.M',;�! �t
iff ll' �;;;�.='; ;'binding and enforceable in accordance with' its terms with : �,: ••.. , ;,•;;y,is ..:
c•; ;'ti '. , .respect to those portions of the Jerwel Parcel and the pri 41-3
hate street owned by the Parties as of such date of records
f `i�.•`• •'' tion. Upon any .subsequent acquisition by..the Parties of any ;-j. _
such p
portion of the.Jer.+eI parcel or of the said rivatb
t+. •'' street, or any 'easement for the :use of said private street
;z ''�', r, -:"this Declaration shall automatically be applicable to and in �+ '�-�•
r• '',j,;_�4T_ + :. full force and effect with respect to such portion or portions
;,.
and "y, at .such time, or at. any subsequent time, be re-
s{,.� i }„�•;" recorded by either•Partr in the Office of the County Recorder,
;,. •i.;:j`t;` Orange County, Califoriiia, ' ►, !'i
,U ~"Fe-1 IN WITNESS MIEREOF, this Reciprocal Easement Agreement L ',_' ; '�•*'
i-fe� � ';i ''. ' is executed by the Parties her as of the day and year arst '' {
' �t�i tboye written.
,}.:. - 4.
WEST ODAS: SOCCER LEAGUEy :2N , + - '>`+•ti.`-
�:' :4 J
a ca ifornia corporatio 4`'•
e s o• P s dent 1 74._
A. 1 �w
Dy
:,.'.:n�..•.i:;`t` JERHEL EN1E14PP
eN'�^ ,i'y.:•:. a geaeral a=6,
Ate
VI
�, •?t- a :r. _ '1 - —25— - - - L •�
in M IDGM331ES or $AEM
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ATTACHMENT •0.
t
R'J`�r=7�t•v.f•.tt•wY'�u9e.`\ ,,y -ss..••). .. •i3.:...•6;`i•. .o.• -.:� w.�+•:.,....l�i:;a>�..+s.:.�ir _
VTAT[ Or W.1MMIA ) ta. . �aa.,.�`,
M" /r Omxct '
Oo this,�%_"-tay of Agri 1 1976. tofore tre, the tirtder-
signed, a Notary public in and for .said State,.personally ;; ''✓ >i;
sppear•eb EARL NrLX and GERALD J. kLEIN, known to -e to be ) :*. y�,:•:.•. 2
both•of the partners" of JEWEL ENTERPRISES, the partnerahip ��';. ..ice.,;•- '.,
that'�executed the within instrument and acknowledged to tee.
that said partnership executed the Dame. b' • i tt`'.� w.
WITNESS-my hand and official seal.Notary Public .0
C ' �1� gyp. •' � 7
(SEAL) ` r °✓ 1. .M
OFFICIAL SEAL. '
1 CAROL.L:.OAIES •.," ~ ` 1. �' �7y -•
Wdu.l�.rtr�• • Cr
,¢{. py+,lrtul 4o•rw J.n..•f
STATE OF CALIFORNIA
Ss
COUNTY OF ORANGE ) �5;� t', i,1 •r-i
(( On thin day of. April, 1976, .before me, th6 tinder-
signed, � *r
a. Notary public an end for said State, personally ? ' t':"s'�►.'
-t' appeared JOSEF BISCHOF, 'known to mn to be the President, hnd . :: ,� i 3�•,-R �S�i
,.
lfa,r•/(���c Jjs/,, _known to ine to be the tsasokar�r ' '4;' •ri�yf�!
'Ib
of REST COAST SOCCER LEAGUE, INC., the corporation that executed ``' = t}
' A.
.the within instrument, known to nie to be the persons who executed
:•± the within instrument .on behalf -of paid corporation, end hcknowl
edged to we that wid corporation executed the within instru- 1.41
tent pursuant to its .By-Laws or a resolution of. Its Board of
Director:. ►f��` °`
r W"UtSS sy hand and official sal. +; 'ri; �•� K'�� ';
r,.
a r]' c
i - - - -
c 0LLaia
• • ; • .��\ try r.�tt .. _ .l � . ,- V
„..,,.,..".....:ter.. AT6AvEINf . /7`/-�5' 't'•'
TO =� 51241J329 OW Sin � ''
•� -! acsc�l r't t-a - .1cs>� t��ctL . .�� �i8 ''f
That rertion of the Nnrth Full or the wutheast quarter of Section 14. Tow, -T .
shipS South, Ftanrt 11 :''rst in the Rancho La 11010a Ch)cs. City of lluntingirm j= `•
: . Meech, County of Orange. State of Califc•rnia as sho-n on a map recorded.in
ol+ 51. Pagr 13 of 5liscells so)to us klars in the Office of the Co.unty R.eco.rder. C
of Bald Orange Counir, descrited as follows: C
-r
Ileginning at the Southwest corre- rf said Northwest cim-ter; thence
No 39'35"tt' 100.00 rec.. alon the West line of said Northwest quarter; `fit� r ..0
' thence 1`.'89'32'03"E 6ce.63 feet Parallel with the South line or Said 11 t:
Northwest quarter: thcncc No'39") "t': 49.6E feet to the beginning of a
.tangent curve concave Masterly r.nd having a rectos of 360.00 feet;
thence Northerly 1ST. 35 feet alp:.; Said cnrvc through a central angle r �' 1•_'
f 2 *14,53" to the. be innin of a reverse curve concave Westerl • and
having a raclius of 376.00 feet a racial to said bcgtnning beara Nt 2*242'2 VV MA
:e;.. thence Northerly 204. 96 feet a)onc said :urve through a central angle of
{ 45'40'32" thence tangent le said curve N1F'05'00"1t• 2:0.67 feel to the be-
ginning of a tangent curve concave •outh esturly and having a radius of y ;• ' ''"
295.00 feet; thence North-csterly 373.68 feel along said curve larough a �` 'f�:� `C
c. central angle of 72'34'35": thence tangent to said curve 589:20',25"N•.. �rS�„
]6B.66 feet to the beg,rnine,of a,tangent curve concave Northeast ern• and
hnvinR a radius .of 1 50.00 feet; thence Northm esterly 235.62 feel along p Yitr '{. 2
•aid curve through a central anr.le of 90.00'00'r; thence tangent to.said 'H
" curve No'39'35•`tt' J 5.30 feet; thcncc Si•C•'2)'3c"E 145.42 fect;thcncr 7 r:: S.
J•- -t.•
r S52.55'20"E 14;. 00 feet; thence 559.25'20"E 114. 22 feel to a point on a `' f N.
non-tangent curve cm,c2%-c South^. eslerli• and having a radius of 37.3.00 t. O ?
w..
t fee., a radial line to card point bears l\4'DS'04"E;.thc6cc Southeasterly Ay.,•
(.
along said curve through a central an;lc of •14'13'07." a dista'ncc of 249. 28
+? lect: thence Su6'3.6*41"E 14. 66 fret; thence N23'37'39"E 19.93 feet to a tC1
oint on fire Southern .line of Parcr:l i .oJ a plat. of rc)ingiiiShmcnt nJ high-
, ?i•
'. w•ay right 0f %oay rccnrdcd in Bonk Bi49, Page B82 or Official Rcrords in
the Office of said Conn.) Reco:dcr; said point bring ona.curve concave :s,•
Noit}ci]j ind having a radius of 00. 00 feet,, a radia: 'ine.to said point , 55'`j � "��.�
, bears S23'37'39"W: thcncc Easterly along said_Southerly line.along Said ' 1;t: 4t
curve through a.rrntral angle of 39'0S'S3" s distance of 61.42 feet; thence
N74.31'46"E 43.01 feat along said Southerly line to the beginning of a
tangent c-jrvc ccn: -.c SoutherIv.and having a radius of 1I0.00 feet;:then t„ :�: ,.,2t
i Easterly alr•ng said Snuthe.rli• line aloof said curve through n central angle
of 55'0218"a distance of 105. 67 :err; thcncc S50.25'S6"E 329.05 feel '•IXz,
' alonK the state hiOM-a% ri!:nt of .a); thcncc S•16'19-32"F..501:21:feet Al
Al
' along the stalc hirlm-ag right of.way;-thcncc S46'55'24"E 572.85 feel
110nR thn state IIIPh\%'ai• right r,f wny to a point on the Sonllicrly line of the
Bald South half; thence SF.S 32'03"t' A900.94 lets along sold Southerly �'e4
't line to the YA point .of beginning. y
39ccep4 therc!rntn.a;y portion incladcd wtih;n the South 100 00 feet 0f the : r''• E1
}.;•,. ` West half of the Northwest quarter 0f said Suuthcas: quarter... 'r" h' ?
1;
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{ HISCCLI AtiT.)V$ KAr$ . I►: lift O/rICE Of 111C. COUNTY .-RECORDIA. CIF SAID
ORANCC COV41Y THAT IIti _VESILALY OF ?NE..FOILONING -DtSCRI BED,L1111. :
,,x• BCGINNIti6 .AT .TNC SOU11fWCS1 for NCR OF. SAID NOR111WES_T QUART
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. .
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I. ll►+t Or SAID. kaRlln+tST gUARJERI .iHCFtCC:-NDo39'35"W'::;34..5.0 CE
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ATTAC MEINIT NO. - .
t� •O' '� , � �LT:dII. DC3CRZTTIOH v / / /a.Gfit. ��...�
A STRIP OF LAND 50.00 FEET IN. WIDTH OVER
THAT '/ORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SLCTION 14, TOWNSHIP 5 SOUTH, RANGE .11 WEST IN. THE RANCHO LA BOLSA ;
•- ,fir V+. - - _ -. _ _
C"ICA, CITY.OF. HUNTINGTON BEACH, COUNTY OF ORANGE,. STATE OF
10
CAL I FORM IA .AS..SHOWN ON A MAP RECORDED IN BOOK 51 PAGE. 13.0E I ' -
'! tlr t' MISCELLANEOUS. MAPS IN THE 'OFFICE 'OF THE COUNTY RECORDER OF- SA 0
ORANGE COUNTY :THE. CENTCRLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: i w'
r•�" :1 BEGINNING AT THE SOUTHWEST 'CORNFR OF SAID NORTHWEST QUARTER; ,f ',•
;7;Y°,• j s'" `::.. THENCE N0039'35"W 100.00 FEET .ALONG THE WEST LINE OF SAID NORTHWEST: '
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THE`NORTH LINE OF SAID NORTHWESTQUARTER, NB ° ' " `
�,•.. . 7.� , . 9.32 DO .E 92.00 FEET '
MEASURED ALONG SA16 NORTH. LINE FROM THE NORTHWEST.CORNER OF SAID
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ESLD? I8E2lTlOti TEIZ TO[IIA'.f TEFAEOf LTJJIC 110RTHLIILT OF i8E FDLLOwZ>AC DISCAIIILDtilt
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f'
i a : �• QWSttt T>rIMM SW 32'_00'[ 40-10 rZU TO TKE X=L=rI3C OF ♦ ZAIICM CunY.
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CE UL ♦ ,
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'^;'' ► '•: 1Tli� Am WT-.0 Itx=xr T! Tw >uw-1m[S or sale.mv. r '
ATTACH ENT N.u.
; #t 7`'41.
h. �l'
14
Mr. Paul DaVeiga, Assistant Planner
Department of Planning ..
City of Huntington Beach ...... •
2000 Main Street ••••••
Huntington Beach, CA 92648
May 13, 2002 •••• ••••
RE: Old World Village ' ••
Entitlement Plan Amendment to CUP7.5-24
M.C.Adams letter to P. DaVeiga dated April 17, 2002
Dear Mr. DaVeiga
Enclosed are some factual data that should prove helpful in the establishment of the
conditions of approval for the reference Entitlement Plan Amendment.
The data is organized into manageable sections as outlined below. Each of the
sections is addressing specific items of concern. Where applicable, reference
sources for the information are included.
Section 1. Building Standards
Section 2. Reciprocal Parking
Section 3. Calendar of Old World Events
Section 4. Parking Comparison
Section 5. Amended Wording of Article X of OWOA Declaration of Restrictions
Section 6. Residential Parking
If you need additional information or have any questions regarding the above, please
do not hesitate to contact anyone of us.
Sincerely,
J Richard Lewis David Rofer
ATTACH IENT N-0. -
••.•
To: Mr. Paul DaVeiga, Assistant Planner
Department of Planning •••••• •
City of Huntington Beach
2000 Main Street •
Huntington Beach, CA 92648 ...• •
...... ....
From: James Burgard
Date: 05/13/02
Re: Section 1. Building Standard
In the consideration of the proposed entitlement plan amendment to revise the
1976 Old World Conditional Use Permit 75-24, the building standards that apply
to the residence above the commercial area must conform to the building
standards for separate tenancy.
See attached memo dated February 27, 2002 from Scott Hess, Planning
Manager and attached letter from James Burgard, dated April 23,2002.
Sincerely
James Burgard
ATTACHMENT NO. `� �
412312002 ""•
Scott Hess, Planning Manager, •• ••
......
Planning Department •
Dear Scott, '
1 was hoping to bring up some concerns regarding the construction of the buildinp"the Old....
•..• •.••
World Village during the second DAC meeting. Unfortunately that was cancelled. 1 will nowiet •
you know what those concerns are.
1. The electrical system:
The main electrical panel including the meter is located on the rear or side of each unit. This
panel has a main circuit breaker. This main breaker feeds the electric panel in the shop or
commercial area. The electrical sub panel in the residence gets its power from the panel in the
shop. The forced air heater is located in the shop and also gets its power from the panel in the
shop. The air conditioner condenser is located on the roofs of most units and gets its power
from the sub panel in the residence. As long as the operator of the business also lives in the
residence he can have access to all panels and circuit breakers 2417. But if the operator of the
business does not live upstairs but rents the residence to another person, the resident will not
have access to the overcurrent devices. If the power is tripped from a overload of the sub
panel, he would have to wait until the operator of the shop returned. If the shop were_closed for
a holiday or for a vacation, the resident would have no electricity until the shop keeper returned.
2. The next concern is also part of the heating and air conditioning systems. The electrical
power for the heater&air conditioner is from the panel in the shop. If the over current protector
for the heater trips, there will be no heat for the shop or the residence. There is a 3 way switch
in the shop that controls the thermostat in the shop and the thermostat in the residence. If the
switch is turned to give heat to the shop, the residence has no control for the heat or cold and
vice versa if the switch is turned to the residence. The shop keeper has the control for the heat
and air conditioning but if the power to the air condition condenser should trip and the resident
is at work or on vacation the operator of the shop would have to wait until the resident comes
home to ask him to reset the circuit breaker and hope that more worts is not needed.
AT IF ACHMENT NO, Ak./
3. My third concern is also part of the heating system. I hired an air condition contractor to ""•
. V:
investigate the problems with my system. He reported that there is no return air syskA to the• •
. .
residence. This creates an air flow problem that can only be fixed by installing a duct from thy••••
••••
. V:
upstairs to the bottom of the heater air return. The other problem is that the duct Systbm •
'.
supplies the shop and the residence equally, when the heater is on it gives heat fa bosh 0000
•••• •.••
upstairs and downstairs. When the air conditioner is on, it supplies cool air to both upstairs •• •
0.
..
and downstairs. The problem with this system is the resident does not have control of the heat
or cold.
4. My other concern is the absence of a one hour occupancy separation between the proposed
apartment and the retail unit. Since the staircase to the apartment is at the rear of the shop,
a fire could trap the resident from coming down the stairs, and there is no fire escape from the
apartment.
SOLUTIONS:
1. A new circuit could be brought from the main panel at the meter to the sub panel in the
apartment. Bring the circuit to the air conditioner condenser on the roof from the panel in the
shop. Now the resident will be able to control the power in the residence. To get the proper
heat/air system, it should be a two zone system, one zone for the shop and a zone for the
apartment. This will require modification to the duct system and a return air duct from the
apartment to the heater&air unit that is in the shop. This new system will allow the resident to
have control of its thermostat and the shop will also have control.
There is another solution and that is to block the vents to the apartment and install a Heatpump
in the attic of the apartment, and cut in new registers to each room This would allow both
upstairs and downstairs to have full control of the heat and cold.
2. As for fire safety, I think a one hour firewall is needed to separate the shop and the
apartment. This would keep the fire from going up the stairs and allow safe passage for the
tenant and protect the shop from fire if the fire is started from the apartment. Some units have
access to the rear of the shops to the patios but some shops do not have access. So some
alterations will be needed to accomplish this safety issue.
3. Another thing that may come up is the hot water system. There is only one water
ATT,&CHMENT NO'." �z
'....'
heater in each unit, and it's located in the shop. If it is turned off or the pilot light•goesoff duony:'�
•o ••
the night or while the shopkeeper is gone for a holiday, the resident would be withoVt hot water. •
To remedy this an electric hot water heater can be installed in the attic. •••• •
4. The electric supplier will have to be notified to see if they require separate meterse pne for the
apartment, and one for the shop. 'Soso'
s.
5. The city may need to issue new addresses for the new occupants and then the Postal
Service will require additional postal boxes for the new residents, and probably parcel boxes as
well.
6. 1 also have concerns about the sewer system. We have had sewage backups before and
doubling the usage will cause more problems.
Thank you for taking time to read my concerns.
Sincerely Yours
m=U !"
c. Planning Commission
c.Paul Da Veiga, Project Manager
c.Gerald Caraig, Permit/Plan Check Manager, Building Department
c.Terri Elliott, Principal Civil Engineer, Public Works Department
c.Bob Stachelski, Transport Manager, Public Works Department
c.Ward Kinsman, Development, Fire Department
c.Chuck Davis, Landscape Architect, Public Works Department
c.Lili Tom, Water Operations, Public Works Department
c.Jan Thomas, Police Department
c.Christy Teague, Economic Development Department
c.Jim Engle, Deputy Director, Community Services Department
ATTACHMENT NO. _�3
Mr. Paul DaVeiga, Assistant Planner
Department of Planning ."'•.
City of Huntington Beach •
2000 Main Street •••••• •
Huntington Beach, CA 92648 '
. .
. .
From: Yvonne Rofer
Date: 05/13/02
Re: Section 2. Reciprocal Parking
There is a reciprocal easement agreement of April 30, 1976 by and between Jerwel
Enterprises and West Coast Soccer League.
Attached is Page 24 of the Agreement. Please note that paragraph 7.16 puts the
reciprocal parking agreement in jeopardy for Old World and therefore the
agreement should not be considered in determining the required number of parking
spaces. There are at least three of the 45-residential/commercial units that are using
their commercial area for residential purposes.
Si r y,
Yv e Rofer
ATTACHMENT NO. �_�y
We
2"'.:
oalr dur i :o ,
a •� _ �rshfP, but the ..•..� • . •;.•';:c._.•�.J=�
�' r' 1 traaalerrin calling, c • •• .;i,,l
Ra • ',*' g puty or ovtie ornreYing or • �:'
'a r shall r ...... i,��:'•ti;:`
i. "i amain liabl. of D+ �.. •
incurredany ..... , ..,•
.; .: . ligatioas inc Prior to
thedata or } •rai �'.::•:;:�,�%..',.��
such* s •• L�:.
othing contained .'. .. .•.�,;. .i-.;'�'•.��•;�`.�•':'_:�; ;
a.: in thin Decla . • +'.ii�•:IsZ
•,� deemed to be a gift or retior� tRaSl be•-. - .•. r .:a:�
On of r .:q ' •i n,
Project �Y portioOf-the
or of an n i. ;w:' .�,•
Y Other p e :•. :., .
? e. roP rty,,to Y; �•��.`;,'•! :r
for anY Public uae o the general public
,.. . r:pur
intention Pose what
soever
ention of the Part it being the
R` theexclusive.
Parties hereto that this A
be?� exclusive benefit9reement be for
r of the Par t. »•.,..� .•:,:... a:.
• a � ties
and
and assigns. their successors
6 y: ;a
' •, � ,: ..1 Subject to Section 7.4
� 's' terminated all • this Doclaratio m
� - • and/or amended n. may be 4
a '. r by the writt
Parties, dull Acknowledgeden agreement of all
'. the Y each of them d.
ice r .
oft of the'County Recorder Ore and recorded in
event that any portion Of orange Count.y.. In the".,
r
used exclusiwel for the P oject i8 to be im roved an
residentia d
t`Pe of combined resid n , aB oPPOsed to th
e..tial and @
templated _ . _ ....... •__commercial dev
( .Viso - for the {+CSL P r el - elopment col,*
on
. a c . the
v, R � reasonably in to -ne._ �- Pa._—lea agree to c� re •', ,; ; ;i
the rani r pe to A.
�,1,5•i va�fit, _ par
king��ments es ate • •� P ocal ingregs, egreeb andij
F w I eb shed...b t r- �w i
respect to su `POrtio Y"h•--�.��rAtion w .• ';. �, i
city of Huntinh -portion
provided that the approvalI -
on �a•
;a 9t B of th
teach is tirb e
t had d f` sr
eratination. - _ an obtain dsuch e
ti v., '3 a to
j: 7.1 In the .e .
- Dec ar vent a ro9ueat to char r ,1
A.
1 ation is Dade to th pa change and alter this
j . . iiciary uz,dei any Propped or
Parties by any lender or
exi
trust aac,asberiag the in rest afating uortga9e or deed of
t6 o an Part
an j n the
O� �' Y sy oz t�aaat Y Y 1 project '' 4. ,r•4:r-.''. ,.
sal► •ocb Or P3�Ospectsv,e
.�• _ iAtesylt� eppsab PurChis.r
!` t to stiCb � or ' 1�:
alteration
i .
S'17 f1. �
ATTAC HMEIT IN10.
Old World Parking Space Requirements per 2002 Code
Parking spaces required:
Office: 1 per 250 sq.ft.
Retail/Service: 1 per 200 sq.ft.
Restaurant: 1 per 100 sq.ft.
Church: 1 per 35 sq.ft. of Assem.
Hotel: 1.1 per room+2 for Mgr.
1 bdrm=lspace, 2bdrm=2spaces
3 or 4 bdrm=2.5 spaces
Residence guests= 0.5 per Unit
Commercial parking Residential parking
Unit# area type of use spaces number of bedrooms spaces
1 58.00 office? 0.232 1 1
2 52.00 office? 0.208 1 1
3 111.00 office? 0.444 3,"' 2.5
4 998.62 retail/service 4.993 2 2
5 775.78 retail/service 3.879 ";•'; 111699 ; 1
6 932.18 retail/service 4.661 2 2
7 880.15 retail/service 4.401 24 2
8 881.76 retail/service 4.409 •• 24, 2
9 874.81 retail/service 4.374 2 :':2
10 878.50 retail/service 4.393 2 2
11 1,015.41 retail/service 5.077 2 2
12 826.00 retail/service 4.23 2 2
13 829.42 retail/service 4.147 2 . • 2
14 1,027.84 retail/service 5.139 2 -**-2
15 888.76 retail/service 4.444 2 2
16 875.05 retail/service 4.375 2 2
17 892.88 retail/service 4.464 2 2
18 1,026.87 retail/service 5.134 2 2
19 1,268.61 retail/service 6.343 3 or 4 2.5
20 842.75 retail/service 4.214 2 2
21 836.91 retail/service 4.185 2 2
22 875.30 retail/service 4.377 2 2
23 1,298.04 retail/service 6.49 3 or 4 2.5
24 1,019.24 retail/service 5.096 2 2
25 826.77 retail/service 4.066 2 2
26 813.21 retail/service 4.066 2 2
27 1,021.66 retail/service 5.108 2 2
28 1,025.20 retail/service 5.126 2 2
29 861.25 retail/service 4.306 2 2
30 900.44 retail/service 4.502 2 2
31 902.50 retail/service 4.153 2 2
32 1,175.20 retail/service 5.876 3or4 2.5
33 854.39 retail/service 4.272 2 2
34 825.58 restaurant 8.256 2 2
35 903.42 retail/service 4.517 1 1
36 1,298.77 retail/service 6.494 3 or 4 2.5
37 756.90 restaurant 7.569 2 2
37 back-yard 500.00 restaurant 5 0 0
38 917.93 retail/service 4.59 2 2
Page 1 of 2
ATTACHMENT NO.
Old World Parking Space Requirements per 2002 Code (continued)
Commercial parking Residential parking
Unit# area type of use spaces number of bedrooms spaces
39 853.43 retail/service 4.267 2 2
40 ' 850.10 retail/service 4.251 2 2
41 868.82 retail/service 4.344 2 2
42 854.56 restaurant 8.546 2 2
43 1,194.74 retail/service 5.974 3or4 2.5
44 988.82 retail/service 4.944 2 2
45 1,214.48 retail/service 6.072 3 or 4 2.5
45 Addition 505.60 retail/service 2.528 0 0
46 5,058.69 12 room hotel 15.2 0 . 0
47 1st floor 3,102.27 church (banquet) 31.023 0 too 0
47 2nd floor 1,394.27 church(assembly) 39.834 •';••; 0*0• ; 0
48 1 st floor 1,715.36 restaurant 17.154 •• 0 . 0
48 top floors 3,221.62 office 12.886 0
49 bldg.'s only 18,924.10 restaurant 189.241 0 0
49 add'l area 14,327.00 restaurant 143.27 '. .• Q• :•: 0
50 840.91 retail/service 4.205 0 0
51 711.24 retail/service 3.556 •• •• 000,06 0
52 788.56 retail/service 3.943 •....• Q....' 0
53 875.88 restaurant 8.759 0• 0
parking spaces 687,607 guest of resident 45@0.5• •22.5
residential spaces 112
subtotals 41,881.65 restaurant 418.817
40,062.32 retail/service 200.312
5,058.69 12 room hotel 15.2
3,442.62 office 13.77
1,394.27 church 39.836
residences 112
Total 91,839.55 spaces req. 799.94
spaces available 372
427.9 spaces short
Prepared by:
D. Rofer 13 May, 2002
Page 2 of 2 ATTACHMENT N.O. G2.
David Rofer
18433 Santa Yolanda Circle
Fountain Valley, Ca. 92708
[Old World Village Unit#32]
May 6,2002
Mr. Paul DaVeiga, Assistant Planner
Department of Planning
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
RE: Old World Village
Entitlement Plan Amendment/Parking Analysis
M.C.Adams letter to P. DaVeiga dated April 17, 2002
I am writing this letter to alert you to the fact that some of the information that the Old W rla
Owners Association is submitting regarding the parking requirements is incorrect and wald regQt lt1 :
an erroneous determination of the required number of parking spaces.
1. The reciprocal parking agreement with the adjacent office complex should ppt be •
considered as justification for a reduction in the number of parking spaces mandated
code. If it is going to be considered,then the Old World Village should be required to
provide the additional 115 spaces reportedly allocated to the office corpp"by the Q111..
World. Ultimately, the reciprocal parking agreement will very likely re4wirearbitrafiaia-
litigation to settle whether Old World can use their entire parking facilities without:•. -
restrictions. '
00
2. The on-site building square footages listed in the reference letter on page 1, sub-paragraph
b)are incorrect. The sum of the square footages listed,plus 5,058.69 for the 12-unit
hotel, is 65,002.69 [19,270+12,680+23,834+5,058.69+4,160=65,002.69]. The
Association measured all buildings and established the commercial area of each unit in
1979. There have been some additional adjustments resulting from a building addition
(CUP #94-17)and from a court order following litigation (see paragraph 5 below). The
on-site erected building square footage dedicated to commercial use is 77,012.54 sq.
ft., There are 12,009.85 sq, ft, of commercial building area missing in the reference
letter (77,012.54 sq. ft-65,002.69 sq. ft=12,009.85 sq. ft): The total commercial
area,which excludes residential and common areas, is 91,839.55 sq. ft. There should
also be added square footage on other units that have converted their residential
recreational back yard areas into commercial use and storage, as well as on those units that
have expanded their operations into the common area.
3. Arguably, Unit#48 is the only unit that was intended for office space. The bottom floor is
actually a restaurant/bar containing 1,715.36 sq. ft. The two office floors above
together contain 3,221.62 sq. ft.
4. Unit#47 contains 4,496.54 sq. ft. The top floor has 1,394.27sq. ft. intended to be a
chapel for the residents. It is being used as a church for several congregations. The
bottom floor, designated as a banquet hall, measured 3,102.27 sq. ft., including a tunnel
calculated at 178.09 sq. ft. that was used for storage and God knows what else. There are
many occasions when an activity such as a wedding is in process at the chapel upstairs,
while an unrelated activity, such as a reception party from an earlier wedding,'goes on in
the banquet hall.
5. Unit#49 contains 18,924.1 sq. ft. of building structures erected on 33,251.1 sq.ft. of
commercial area. These determinations were established by order of The Superior Court
of the State of California in Orange County(Case# 38 69 93). The uses of this unit are
....
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varied, including restaurant, market, beer-garden, bar, festival-hall, receptions, parties,
bakery and delicatessen. It has been used for kiddy-rides, arcade, church office, religious
retail shop, bingo games, rock concerts, wet T-shirt beauty contests and probably more.
The Board of Directors just recently authorized Unit#49 to expand even more by placing
tables for their customers on Common Area.
6. If one classifies the building square-footage of Unit#49 as restaurant and the applicable
square footage of Units#34,#37,#42 (based on its last use),#47,#48 and#53 also as
restaurant, then the restaurant square footage of the buildings is 27,054.65.
Additionally, Unit#37 has expanded into the residential recreational areas of Units#37
and#38 by an estimated 500sq. ft.; also, Unit#49 uses the entire commercial area
frequently, providing an additional 14,327sq. ft(33,251.1-18,924.1=14,327). In summary,
the restaurant building square footage total for the seven units is 27,054.65. If open-
air seating is included, the total area is 41,881.65,without including tables placed on the
Common Area.
7. The reference letter,toward the bottom of page 1, is incorrectly listing the residences of
the 45 mixed-use units as consisting of 4- 1 bd, 40-2bd and 1- 3bd units. My own>!Jn1*•• .
#32, for example, has four bedrooms. Unit#19 also has four bedrooms. Based on size,..
Units#2,#36,#43, #44 and#45 probably have three or more bedroomg.'Neddless to eay;
the number of required parking spaces is overstated and should be red0ced7;%probably
four or five. •
•.••
Please note that I voted in favor of the amendment to Article X. The voting results-failed togair>:
the required 75% member approval. The Board met in executive session and secretly d&-jded to
petition the Court for approval of the vote. It is at this point that I could not in good cosicaience ....
continue to support a Board that was hiding information from the membership. The Ceart grantedthe*
request and conditioned it on satisfying the City's requirements. The Association asked the Cit;19
approve the amendment as to form. The City rightly refused to approve the amendment as to foim*•
The Association nonetheless proceeded to record the amendment. Also, please note that four of the
five Directors own multiple units and are in conflict of interest in that they are violating the non-
amended Article X.
Parking has been a problem since the development project was initiated(CUP 75-24). Parking
didn't meet the Code requirements then, even though the square footages for the project were
significantly understated. The Association is now submitting what appears to be erroneous data
perhaps in an attempt to obtain approval from the City without having to satisfy Code requirements.
Please, do not allow us to make the same mistake again.
The Article X, Section 1 Amendment also appears to have done away with the restriction that the
residential area be used for"single family residence purposes"and now reads"residence purposes".
If the City approves this wording change, it will leave the door open to all kinds of other than single
family residence usage. Also, the Article X, Section 2 Amendment states that the word"residence" is
defined in Section 12 of Article I. 1 could not find a definition for"residence" in Article I. One of the
conditions of approval should require that the above two items revert to the original wording.
It is hoped that you find this letter informative and helpful in arriving at a set of fair and adequate
conditions of approval.
Sincerely,
David Rofer
ATTACHMENT NO.
Goes
... G . ...
• • . •
so
sees _ ••.... -
see• ,••••
••
r
David Rofer
18433 Santa Yolanda Circle
Fountain Valley, Ca. 92708
[Old World Village Unit#32]
May 13,2002 _
Mr. Paul DaVeiga, Assistant Planner
Department of Planning
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Section 5. Amended Wording of Article X of OWOA Declaration of:RestrictioAso i.
......
•..•
The wording of the recorded Amendment X must be carefully reviewed as to form. Se Lion-1
Amendment has done away with the restriction that the residential area be used for"AggLejhmily•....•
residence purposes"and now reads"residence purposes". If the City approves this wording changei it*
will leave the door open to all kinds of other than single family residence usage. Also,the Article 3C, •-
Section 2 Amendment states that the word"residence"is defined in Section 12 of Article I.There is no
definition for"residence"in Article I.One of the conditions of approval should require that the above
two items revert to the original wording.
See attached copy of the ballot used by the Association when voting on the proposed amendment.
Yours truly,
David Rofer
ATTACHIMENT NO. �?�
Mr. Paul DaVeiga, Assistant Planner
Department of Planning
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
From: Vema Wise
Date: 05/14/02
Re: Section 6. Residential Parking
The Board of Directors of Old World apparently gave away 115 parking spaces M
the office complex across the street. Instead of having a supply of 39�spaces, t�k•
now effectively have only 257. This is causing a hardship for reside'rits'and
merchants and customers. •
There are only 46 single-car garages in the Old World Complex. Of'these, 45 UQ'•:
assigned to the 45 residential units. The Association uses the extra garage-for -
storage. This condition is totally inadequate and presents areal harditlffor the"".
residents and their guests, particularly since most of the residences are multi .;•
bedroom units. : '.
Originally, the residential parking area was restricted by means of keyed gates. The
gates are now non-existent, so anyone, including customers and others can park by
the garages, if one can find a space. There is a large storage container and fenced-
,off area that take two parking spaces. The container, as well as the above-
mentioned one garage, is used by the Association for storage. The Association has
also recently allowed a non-resident director to store a trailer in the parking area by
the storage container. So at least three additional parking spaces have been taken
out of circulation, effectively leaving only 254 total available for residents and
customers.
A condition of approval of the Entitlement Plan Amendment must require that a
sufficient number of spaces be provided for the exclusive use of the residents and
that the residential parking area be fenced-off and gated or somehow protected from
encroachment by non-resident owners, employees, merchants and customers.
r
� I
/Yours truly,rr �
Verna Wise
ATTACHMENT NO.
i � 1 • •
Mr. Paul DaVeiga, Assistant Planner
Department of Planning ....
City of Huntington Beach ••••
2000 Main Street ......
. ...
Huntington Beach, CA 92648 •• ••
From: Julietta Lewis
Date: 05/13/02
Re: Section 3. Calendar of Old World Events
Attached is a typical example of calendar of events for Old World.
As recently as this past Sunday(May 5, 2002),there were four events on the
property going on at approximately the same time. There was not adequate parking.
Various events held throughout the year can draw multitudes of a few hundred and
up to 1450 and more. All of these events adversely impact parking availability for
the residents and shops.
Attached is an example of approval for an event. This event was for Unit#49,
which included the building and the open-air commercial area of the unit.
Yours truly,`
J ietta Lewis
ATTACHMENT NO.
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VISIrI'E p E� GE C� ' F}Y T73 ' VISIT EUROPE IN OR41YJ7X CO UNT• A7 THE
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invites you to enjoy Lony & his Accordion
W�c me to the newto�ners o Stano's, Live Entertainment eery o Fri'Sat& Sun(llam-2 am) ,g tic+Pila��` � ea`�vhb wdl� e• altii"in ,d'
open 7 days, l lain -2 am serving original home cooking and
imported German Beers. Family owned for 23 years.
The°'�re;wtllrbe,a menu i�b a, "`-�'�''�'�Mt Sn' '
°r , , , , t i lot �aelectwn r fathers Day Champagne Brunch
aandwtciwes 3a�ads s snnti'past�[s. "
� . Sun Jurie 17, Beginning at 12 Noon
Unlunited,Champagne& All-You-Can-Eat Buffet
�10 HunC[ t�(' y Lire Befly-Dancer,Show& `Diamondv of the Nile'
� t0 D gt. Il. B fl .
Old World German Restaurant
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t+f�,tl IC9t 'n�lt�i�s '�
'< call for reservations: (714)895-8020
S g C6Tn3. a e allil�an t e'�'ir1 f nt. ph m 1 s GERMAN HERITAGE DAY -Sun:July 8,2 pm-6 pm
x as g Free Food &Admission for the First 500 Guests
a bat& adssDa re•� ; 18-piece German/American Band& Folk Dancers
PLUMFEST-Sunday,August 19,2 pm-6 pm
' Tt. fd Sa` 1Virtes:7p»t=:Y'7`1llt.. '?`a ' SAUERKRAUT FEST- Sunday,Sept 9,2 pm-6 pm
ke iiet h ri. -pate
7h A►utua! WIENER NATIONALS
6 nua WIENER M M. . DACHSIiUND RACES
`HHUND R t:'EJ' Sundays: resuming Sept.2001
`� zr
c u day Fefi` S rz.11l,A aril;$, ,. 4G, 00 1:30 m line-up; 2 m start
RACES(1 pm check-in; P P' P )
C " +i m e - it, 1 i�0 pm line- ;Z �n15i 1`t� 16 short-legged,but swift little Wiener Dogs will race.
Lj aot�uit o11�'ve ev rr' fOre13 Like nothing you've ever seen before! Info.(714)898-511 I
6 ahoM�egged,li`t�Ifsiwift litfk` i�)�pgy t:�vill ti e.� ,'' � , ,
PRIL ,3P� G,
r , OKTOBERFEST
F Sept 16 thru Oct 28, Wed thru Sun
Festival Hall (for reservations& information)...895-8020
-Old World Village Shopping& Dining Center
`Uid� ri I la'g h 0iii 1 iig g
�a+. �B� 7561 Center Ave..Huntington Beach,CA 92647
Me
x� it.C: •x � i
7561 Center:Ave. $ughngton Beae CM, 4 405 Frwy..•EXIT BEACH BL,South,
r -orwnscy x � � � <.r t Immediate right turn on Center Ave
.40S Wy� K�T BErt4H(BL,S�'itEb,
' printedXf
M 20, 2001
Immediate ghttu Cent' <Ai�e P
N` �TA�I i M ENT NO.
Mid'an, 200�
,�: .. ✓. •?2 Ili_k ?+ ., a. �.� _ ., .'�.,.4;1.,:tip K:.n.. .4. ... SSi-. I
s Mr.Paul DaVeiga, Assistant Planner
Department of Plan •
City of Huntington each
2000 Main Street
Huntington Beach, CA 92648
From: Richard Lewis
Date: 05/14/02
Re: Section 4. Parking Comparison
The total commercial square footage of all building structures erected in the Old"'•
World Village is 77,012.55 square feet, excluding residential and cottaop area.•••
There is an additional 14,827 square feet of open air type area being used;by ut4s•;•
37 and 49 for commercial purposes as extensions of restaurant type adi vities,'• ...
bringing the total commercial area to 91,839.55 square feet, excluding-the tables-
and chairs that are placed on common area. •• •
Commercial Area Summary •••• .;••;
Per Letter ••
Buildings Only Total commercial (M.C. Adams April 17,2002)
72,953.86 91,839.55 59,944
plus 12 unit hotel plus 12 unit hotel
Please note that there are over 12,500 square feet of commercial building
unaccounted for in the M.C. Adams Letter and that the residential parking
spaces for the residents may be understated since there are more than one unit
with three or four bedrooms.
Parking Space Summary
Per Per Letter
Attached Report (M.C. Adams April 17,2002)
800 needed 561 needed
372 available 372 available
428 short 189 short
See attached report entitled Old World Parking Space Requirements.
See attached letter from D. Rofer, dated May 6, 2002.
Sincerely,
ATTACHMENT NO. //-/ 7&
ADDENDUM
OLD WORLD OWNERS ASSOCIATION
Proposed Amendments to the CC&Rs
(Stricken language indicates proposed deletions;
bold, underscored, italicized language indicates proposed additions.),
Amend Article X, Sections 1 and 2, of the CC&Rs as follows:
Section 1. Each Lot shall contain a Building, a portion of which has been designed,
constructed and approved for single esidence purposes and shall be.asW44
sai4 onitifor residential purposes and no other. Said area of each Buildings s �jrein
defined as the "Residence." Each Building shall additionally contain-a portion
which has been designed, constructed and approved for "craft-shoir""pe :...:.
commercial purposes and shall be used for said purposes and no otl df*-Saiq-ajejt of
each Building is herein defined as the "Shop." No portion of a "Shop"may
occupied as a Residence. No equipment, products or materials usad•for the.ghbp
.... ..0
shall at any time be stored in the Residence or in any garage area assigned tp-the.
Residence.
Section 2. ^ Tlw@ ding Unit ffitist ^t al timos be eeeupio4 by oMor a nw-H@r
Pw@! irg r rr ����"Residence" and "Shop" was defined in Sections
� 12 s y, of Article I, are limited by Article X. Section 1°above.
"Owner-Operator" shall mean and refer to the person or persons who,are the fee
owners or contract purchasers of the ".Building" as defined in Section 10 of Article I.
The Owner-Operator may, but need not, operate the Shop. " "
f�hOw S�8r. " j, oo 9per t8-F." nIR^1-1- M@afi a fid r t84 tl-.o r @f:SE) � tib_o
t2i ��'�-vPv'r� vs-r�rox�v-rrr��vx�vzry vrry
fbr- his . The Owner-Operator may, but need not, occupy the Residence.
The Resident occupant may, but need not, also operate the Shop. The Shop
Operator may, but need not, also reside in the Residence. Owners may lease the
Shop space separateltifirom the Residence space to different tenants.
ATTACHMENT MO. ��
• RECEIVED
JUL 0 3 2002
Jim Burgard (714) 8914931
Richard Lewis (949) 642 5525
David Rofer (714) 963 2550
June 28, 2002
Mr. Paul DaVeiga, Assistant Planner
Department of Planning
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
RE: Old World Village
1) Entitlement Plan Amendment
2)Letter from M.C. Adams dated May 14, 2002
3) Letter from J. Burgard, R. Lewis and D. Rofer dated May 13, 2002
Please consider the following comments in conjunction with your review of the reference
letter from M.C. Adams dated May 14, 2002 and of Section 4 of the reference letter from J. Burgard,
R. Lewis and D. Rofer dated May 13, 2002:
A. The land use tabulation chart-included with referenc 2)`is incorrect in that it classifies 35 of the
53 Units as-being used wholly or partially as office. This appears to bean obvious attempt to
mislead by showing a considerable reduction in retail/personal service use and a corresponding
increase in office square footage. However,there are several use classifications defined by
ordinance that we have overlooked and should be considered:
1. Business and professional offices require one parking space per 250 square feet compared to
200 square feet for retail. This results in a reduction of parking spaces needed.
2. Medical and dental offices require one parking space per 175 square feet, resulting in an
increase of required parking spaces.
3. Retail sales require one parking space per 200 square feet.
4. Personal services require one parking space per 200 square feet.
5. Personal enrichment services require one parking space per 35 square feet,resulting in a
considerable increase of required parking spaces.
6. Eating and drinking establishments, without dancing, require one parking space per 100
square feet.
7. Eating and drinking establishments, with dancing, require one parking space per 100 square
feet PLUS one space per 50 square feet of dancing area, resulting in an increase of required
parking spaces.
Attached is a revised list (see Exhibit#1)reflecting the changes triggered by the above ordinance
requirements. The result shows that 909 parking spaces are required against 372 available, so
there is a shortage of 537 spaces. This compares to a shortage of 430 spaces shown in Section 4 of
the reference letter from J. Burgard, R. Lewis and D. Rofer dated May 13, 2002 and a shortage of 189
spaces indicated in the reference letter from M.C. Adams dated April 17, 2002.
poop i nfI ATTACHMENT N.O.
B. Units 1, 2 and 3 are mixed use units and should reflect some commercial square footage.
1. The plans for each indicate that each has an office(see Exhibit 42: letter from M. Strange to J.
Lewis dated October 28, 1985 with attachments).
2. The building permits indicate "one unit-one store"for each unit(see Exhibit#2).
3. Each of these three units is assessed an advertising fee by the Association. This fee is based
on the square footage of commercial area(see Exhibit#3: minutes of the Dec 21, 1985 Special
Meeting of the Board of Directors of Old World Owners Association).
Additionally, these three units, which are owned by the original developer and/or his family, are
using their commercial area for residential purposes(see Exhibit#4: letter from D.Bischoff
dated August 19, 1987). This is a violation of Article X, Section 1 of the Association's
Declaration of Restrictions. This practice has in effect jeopardized the reciprocal parking
agreement with the Office Complex across the street. The mixed-use requirement of the
agreement has been violated since the inception of the project.
---------- —------— —
C. Unit#45 has an increase in retail square footage due to a building addition [see Exhibit#5: Notige-�
of Public Hearing RE: CUP# 94-17 (Addition to existing ReeMa 1 S" t- e)]'"T
f
D. Unit #49 has 18,924.1 square feet of building structures (see Exhibit#6: pages 1, 2 and 11 of the
Superior Court Order Regarding Case#386993 and Exhibit#7: the recorded First Amendment to
the Declaration of Restrictions for Old World). Please note that the total square footage of all
buildings(124,280.1)does not include the addition to Unit#45 of paragraph C above.
E. There appears to be a considerable number of churches, congregations, and/or nonprofit
corporations that list the Old World address as the location of their principal office. This was not
part of the original intent for the development of Old World (see Exhibit#8: pages 4 and 13 of
CUP#75-24).
1. Some of the statements filed with the Department Of State for the State of California, include
(see Exhibit#9: State of California Certificate): GERMAN CRUSADERS, GERMAN
EVANGELICAL LUTHERAN CHURCH IN AMERICA, APOSTLE CHRISTIAN
CONGREGATION CHURCH CORPORATION.
2. Additional names being used include INTER-AMERICAN OLD CATHOLIC CHURCH,
OLD WORLD VILLAGE CHURCH, OLD WORLD WEDDING CHAPEL and others.
3. Services and masses are conducted in German, English and Spanish at various times of the
day(usually five or six times on Sundays and holidays).
4. In addition to services, Interdenominational weddings, Memorials, Coming-out celebrations,
parties, business meetings and wedding receptions fill out the remaining portions of the busy
schedules(see Exhibit#10: " WHY CHOOSE OLD WORLD VILLAGE FOR YOUR
WEDDING CEREMONY OR RECEPTION?).
F. While it may be true that residential occupancy by individuals not associated with the attached
retail activity was practiced since the project opened(Circa 1978), it was practiced by a relatively
very small number of units. The Association had enforced the restriction in the past, but a few
violators somehow always managed to get away with the violations. Currently, the residences of
36%of the Units (16 of 45) appear to be occupied by individuals not related to the commercial
use. Another 7%of the Units(3 of 45) are using their commercial area for residential purposes
PAOp l nfz AT,TACH ENT NO.
(see paragraph B). Please note that of the 19 violating Units, 11 of them(11 of 19=58%)were
owned by four of the directors and/or their families.
G. ;The LSA Associates Parking Demand Analysis submitted indicates 65,000 square_feet of mixed
use (including office retail restaurant,hotel and a church). The actual square feet of mixed use
F-
.-.are 78,012.55 (this includes the square footage of the building structures and not the open sky
seating There are over 13,000 square feet of commercial building structures missing in the LSA
report.
It is incomprehensible that anyone can in good conscience claim that a meaningful analysis of
peak parking demand of the site.-can be made by_simply conducting an hourly survey that includes
ONLY ONE THURSDAY AND ONE SATURDAY IN MID-APRIL The original parking
study for the development took SIX MONTHS (see Fisher Report in your files).
1. Attached is a copy of a very limited random survey taken by R. LEWIS (see Exhibit #11: Old
World Village Parking). The data indicate that on Sunday 26 May, 2002 at 2:00 P.M. there
were 260 spaces used, leaving 112 spaces for the residents. Many of the garages are being
used for storage of merchandise by the shops and not made available to the residents.
Therefore, the 112 spaces required by code for residents were not actually available. On
Friday 22 June 2002, at 9:45 P.M.,the East Parking Lot was completely full and cars
were being turned away. The West Parking Lot was full except for 20 spaces.
2. On holidays the situation gets worse. There have been cases where residents had to park
across the street in the office complex area and were towed away.
Please let us know if we can be of any further assistance.
Jim Bard Richard Lewis David Rofer
paoP z nfz ATTACHMENT NO.
317 OY 0
Old World Parking Space Requirements per 2002 Code
Number of spaces required by ordinance
Office, medical. 1 per 175 s .ft Office: 1 per 250 sq.ft.
Personal service: 1 per 200 sq.ft Retail: 1 per 200 sq.ft.
Pers enrich sere: 1 per 35 s .ft Restaurant: 1 per 100 sq.ft.
dance: 1 per 50 sq.ft Church: 1 per 35 sq,ft. of Assem.
Hotel: I per room +2 for Mgr.
1 bdrm=1s ce, 2bdrm=2spaces
3 or 4 bdrm=2.5 spaces
Residence guests= 0.5 per Unit
ordinance ordinance
Commercial Ordinance use required 13 May prior number of required
Unit# area Business type classification spaces calculation bedrooms spaces
1 58.00 none office? 0.232 0.232 1 1
2 52.00 none office? 0.208 0.208 1 1
3 111.00 none office? 0.444 0.444 3 2.5
4 998.62 gifts Retail 4.993 4.993 2 2
5 775.78 skin/beauty shop Personal service 1 3.879 3.879 1 1
6 932.18 ? Retail 4.661 4.661 2 2
7 880.15 trainer Pers enrich sery 25.147 4.401 2 2
8 881.76 gifts Retail 4.409 4.409 2 2
9 874.81 clinic,phys.therapj Office, medical 4.999 4.374 2 2
10 878.50 arts classes Pers enrich sery 25.1 4.393 2 2
11 1,015.41 signs/stamps Retail 5.077 5.077 2 2
12 826.00 upholtstery Retail(unlisted) 4.13 4.23 2 2
13 829.42 clocks Retail 4.147 4.147 2 2
14 1,027.84 crafts Retail(unlisted) 5.139 5.139 2 2
15 888.76 wellness center Retail(unlisted) 4.444 4.444 2 2
16 875.05 cyber training Pers enrich sery 25.001 4.375 2 2
17 892.88 toys Retail 4.464 4.464 2 2
18 1,026.87 gifts Retail 5.134 5.134 2 2
19 1,268.61 deli Retail 6.343 6.343 3 or 4 2.5
20 842.75 drogery,housewar Retail 4.214 4.214 2 2
21 836.91 crystal, collectible Retail 4.185 4.185 2 2
22 875.30 nutrition Retail 4.377 4.377 2 2
23 1,298.04 music school Pers enrich sery 37.087 6.49 3 or 4 2.5
24 1,019.24 vegan supplies Retail 5.096 5.096 2 2
25 826.77 optometry Office, medical 4.724 4.066 2 2
26 813.21 chiropractic Office, medical 4.647 4.066 2 2
27 1,021.66 salon,boutique Personal service 5.108 5.108 2 2
28 1,025.20 gifts Retail 5.126 5.126 2 2
29 861.25 real estate Office, profess 3.445 4.306 2 2
30 900.44 ifts and lace Retail 4.502 4.502 2 2
31 902.50 gifts, collectibles Retail 4.153 4.153 2 2
32 1,175.20 sport clothing Retail 5.876 5.876 3 or 4 2.5
33 854.39 booking office Office/Church 3.418 4.272 2 2
34 825.58 bake goodstcoffec restaurant 8.256 8.256 2 2
35 903.42 gifts Retail 4.517 4.517 1 1
36 1,298.77 shoes Retail 6.494 6.494 3or4 2.5
Page 1 of 2 ATTACHMENT NO.
•
ordinance ordinance
Commercial Ordinance use required 13 May prior number of required
Unit# area Business type classification spaces calculation bedrooms spaces
37 756.90 restaurant restaurant 7.569 7.569 2 2
37 back-yard 500.00 restaurant restaurant 5 5 0 0
38 917.93 coffees,gifts Retail 4.59 4.59 2 2
40 850.10 nail,pedicure Personal service 4.251 4.251 2 2
41 868.82 salon, boutique Personal service 4.344 4.344 2 2
42 854.56 restaurant restaurant 8.546 8.546 2 2
43 1,194.74 ? Retail 5.974 5.974 3 or 4 2.5
44a 494.41 dolls Retail Z472 4.944
44b 494.41 tax Office 1.978 2 2
45 1,214.48 crystal, collectablf Retail 6.072 6.072 3 or 4 2.5
45 Addition 505.60 crystal, collectabl Retail 2.528 2.528 2 2
46 5,058.69 12 room hotel 12 room hotel 15.2 15.2 0 0
47 1 st floor 3,102.27 banquet hall restaurant 31.023 31.023 0 0
47 2nd floor 1,394.27 chapel church (assembly) 39.834 39.834 0 0
48 1st floor 1,715.36 restaurant restaurant 17.154 17.154 0 0
48 dance arei 100.00 dance floors restaurant 2
48 top floors 3,221.62 various office 12.886 12.886 0 0
9 bldg.'s onl 18,924.10 resta, deli, festiva restaurant 189.241 189.241 0 0
49 add'I area 14,327.00 open sky seating restaurant 143.27 143.27 0 0
9 dance aree 1,000.00 dance floors restaurant 20
50 840.91 flowers,gifts Retail 4.205 4.205 0 0
51 711.24 gifts Retail 3.556 3.556 0 0
52a 394.28 enterprises Office, profess 1.577 0 0
52b 394.28 ? Retail 1.971 3.943
53 875.88 restaurant restaurant 8.759 8.759 0 0
guest of
resident
45@0.5 22.5
commercial
parking spaces residential
required 797.176 683.34 spaces 112
commercial 797
residences 112
spaces reg. 909
Prepared by: spaces available 372
D. Rofer 28 June, 2002 spaces shortl 537
Page 2 of 2
CITY OF HUNTINGTON BEACH
P.O. BOX 190 CALIFORNIA 92648
DEPARTMENT OF DEVELOPMENT SERVICES
BUILDING DIVISION 1714)536-5241 PLANNING DIVISION(7141 538-6271
October 28, 1985
Jul ietta Lewis
7651 Center Avenue #31
Huntington Beach, CA 92647
SUBJECT: Units 1 , 2 & 3 - 7651 Center Drive
Dear Ms. Lewis:
I have. reviewed. your letter dated-.-,:October 15, 1985 regarding the status
of u»t.ts. - 2' f+- 3 ' located at 7651-Center :Drive (Old World Village).
The approved plans dated October 29, 1976 indicate, that Building "A"
consists of 3 units; two-one bedroom units and office; one-three bedroom
unit and office.
If you should have any questions regarding this matter, please contact
the undersigned.
Sincerely,
Michael Strange, 1
Associate Planner
MS:ss
V I TACHAA ENT NO. 8 3
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z�1119,17
OLD WORLD OWNERS ASSOCIATION
SPECIAL MEETING OF THE BOARD OF DIRECTORS
December 21 , 1985
Directors present : Inge Erbacher , President
Verna Wise , Vice President
Brian Rofer , Secretary/Treasurer
Directors absent : Johnnie-.Wang
Renate Zum.bansen
The following motions were made by Rofer :
The amounts computed by the Financial Committee during their
study of Lots 1 , 2 and 3 regarding Advertising Assessments. past .
and present , be billed and assessed to the owners of 1 , 2 and 3
immediately . This motion was seconded by Erbacher , all in favor ,
motion carried .
.The amount computed by the Financial Committee regarding assess-
ments owed to the Association by Lot 34 be billed immediately to
the owner of Lot 34 . This motion was seconded by Wise , all in
favor , motion carried .
Erbacher moved to adjourn meeting . Wise seconds , all in favor ,
meeting adjourned .
CSc�/TES:)o 1NAL
ATTACH
T NO. 71
f
tie, �.
August 19, 1987
Old World Owners Association
Acting Board of Directors and/or Committees
c/o Mr. Michael Pursell
P. 0. Box 538
Santa Ana, California 92702
Dear Mr. Pursell:
Although I believe I discussed a great portion of this
issue with you in my March 11, 1987 letter, I would like to
request that the Board of Directors, yourself, and/or the
appropriate committee take such action as 'is necessary with
respect to the advertising fee assessed against units number 1,
2 and 3. As is known to most members of the community, no
commercial activity is conducted in these three homes, and these
homes were built to be residences only. Although some original
plans designated the front entrance rooms to be used as a
possible office, these rooms are less than 400 square feet in
total.
Since 1978, units 1, 2 and 3 have paid maintenance fees in
the total amount of $169. 57 per month.
From August 1978 until August 1985, seven years later,
these units never showed any advertising fee as due. In August
of 1985, retroactively, one-half of our residential area was
assessed an advertising fee. At that time, Emcco placed an
assessment of $11, 545.27 on our bills and each month continues
to place this advertising fee on units 1, 2 and 3, plus a late
charge. The latest July 1987 'bill showed the total amount to be
$16,417.74. I respectfully ask you and the committee to review
this, and to decide whether or not an advertising fee is fair on
our home. If the committee still feels that some fee should be
assessed for advertising, I would request secondly that only the .
certain amount of square footage designated on the plan for
possible office use be designated as assessment, and -that this
use not be assessed retroactively in that we have never used
these areas for offices. Our home has never been, nor will it
be used for office space in the foreseeable future, and
ATTACHMENT N.O. y �/
Old World Owners Association
Acting Board of Di ectors and/or Committees
c/o Mr. Michael Pell
August 19, 1987
Page Two
therefore, I believe that the assessment of an advertising fee
against our home is not correct.
I do not know for certain whether all of this is involved
in the many lawsuits that have occurred. Mr. Bevins has
encouraged me, however, to approach the committee and to ask
them to make a fair ruling on this issue as all of us would like
to get on .with our lives without the need of court action
relating to all of these things. I believe that my request is a
fair one, and ask that the board treat it in that manner.
In any case, I would request that the board and/or
committee take this matter into account and render a decision as
soon as possible.
Thank you for your consideration.
Respectfully yours,
DOLORES BISCHOF
ATTACHMENT NO. � 9�
i
NOTICE OF PUBLIC HEARING
CONDITIONAL USE PERMIT NO. 94-17
(Addition to Existing Retail Store)
NOTICE IS HEREBY GIVEN that the Huntington Beach Planning Commission will hold a
public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street,
Huntington Beach, California, on the date and at the time indicated below to receive and consider
the statements of all persons who wish to be heard relative to the application described below.
DATE/TL7\,1E: Tuesday, July 12, 1994, 7:00 P>\7.
APPLICATION NUMBER: Conditional Use Permit No. 94-17
APPLICANT: Erwin Hermanns
LOCATION: 7561 Center Avenue, r45 (Old World Village Shopping Center)
ZONE: North Huntington Center Specific Plan
REQUEST: To add a 504 square foot addition to the first floor of an existing retail
business known as "Hermann's Crystal," to be used for office, storage and
display purposes.
ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of
the California Environmental Quality Act. .
COASTAL STATUS: Not applicable
ON FILE: A copy of the proposed request is on file in the Community Development
Department, 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 City hall or the Main City Library (7111 Talbert Avenue) after July 8,
1994.
,ALL ?NTERESTED PERSON'S are invited to attend said hearing and express opinions or submit
evidence for or against the application as outlined above. If you challenge the Planning
Commission'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 Kelli Klan,
Associate Planner at 536-5271.
Howard Zelefsky
Huntington Beach Planning Commission
(Pc1g010) ATTACHMENT NO. `/ 93
31
0100 . 03
1 . GERALD J. VAN GEMERT
2 i Attorney at Law F
I
L
� D
1300 Dove Street, Suite 300_ Newport Beach, California 92660
o (714) 833-8633 MAY
1986
4 Attorney for Plaintiff, Old World Owners
Association GARY L. GRANVILLE. Ccunty C!eIk
5 BY DEPUTY
Robert S. ' Lewin
Attorney at Law
3919 Westerly Place; Suite 101
7 Newport Beach, California 92660
8� (714) 476-8144
Attorney for Plaintiffs, Lewis, Batesole,
Rofer, Preschler, Babic, Skistimas, Erbacher,
101 and Lickl
11 -
t SUPERIOR COURT OF THE STATE OF CALIFORNIA
1"
IN AND FOR THE COUNTY OF ORANGE
1�l
1
'iy" � i• OLD WORLD OWNERS ASSOCIATION, ) CASE NO 38 69 93
a California non-profit )
corporation, et al . , ) JUDGMENT
Plaintiffs, )
VS. )
18 )
WEST COAST SOCCER LEAGUE, a )
( California. corporation, )
4 et al . , )
II Defendants. ) j
t
T1I
!I This cause came on regularly for trial on March 17 , 1986, in '
Department 3' o= the above-entitled Court, the Hor.crable James L.
MALD J. !!
one, at LIM l
Dove tree: —1—
Ae
0 gg � gg
ENT I
1 Smith, Judge presiding. Plaintiff, Old World Owners Association,
2 appeared by its attorney, Gerald J. Van Gemert; plaintiffs,
3 Richard R. Lewis, Julietta Lewis, Virgil Batesole, Jeanne A.
4 Batesole, David Rofer, Yvonne Rofer, George Preschler, Cathy
5 Babic, Alfred Skistimas, Emile J. Erbacher, Lina Erbacher, and
6 Peter Lickl, appeared by their attorney, Robert S. Lewin; and
7 defendants, West Coast Soccer League, Josef Bischof, and Frank
S Drechsler, appeared by their attorney Joseph R. Donahue.
9 A jury of twelve persons was regularly impaneled and sworn to
10 try the action. Witnesses on the part of both plaintiffs and
11 defendants were sworn and examined. After hearing the evidence,
12 the arguments of counsel, and instructions of the court, the jury
13
retired to consider their verdict, subsequently returned to court,
14
and being called, answered to their names and duly rendered their
15 verdicts in writing, in words and figures, as follows:
16 We, the Jury in the above-entitled case, find the following
17 special verdicts on the issues submitted to us:
18 1. What is the total square footage of building space
19 actually erected on Lot 49?
Answer: 18 , 924 . 1 square feet
�1 2 . What is the total square footage of commercial area on
2•2
Lot 49?
_ Answer: 33 , 251. 1 square feet
ti•�
3 . A. On the issue of the clubhouse, we find in favor of
2� I
25
1 the:
26I XX Plaintiffs and against Defendants :
` ( XX West Coast Soccer League
28I XX Josef Bischof
GF.RALD J. ��` `� N.O..r ay atLRT —2— ��� � �V1� i o�7 C�
Attnrnr>• at Law
A 0 P.ve Street Suite 300 I
New
pnrt Beach.
Cai.`urnia 02660 I -
r
1 (1) Attorney' s fees in the sum of
2 $
(2) Costs in the sum of $
3
4 b. Plaintiffs, Richard R... Lewis, Julietta
5 Lewis, Virgil Batesole, Jean A. Batesole, David Rofer,
6 Yvonne Rofer, George Precchler, Cathy Babic, Alfred
7 Skistimas, Emile J. Erbacher, Lina Erbacher and Peter
8 Lickl, have and recover from defendants, West Coast
9 Soccer League and Josef Bischof, jointly and .severally:
10 (1) Attorney' s fees in the sum of
11 $
(2) Costs in the sum of $
12
13 18 . Plaintiffs take nothing by their complaint from
14 defendant, Frank Drechsler.
15 Dated: / 2-7 , . 1986.. `
16
17 J
18 JU G F THE SUPERIOR COURT
19
2n V
THIS INSTRUME T IS A CORRECT COPY OF THE ORIGINAL `
1;1 PN FILE IN THIS g FICE6 . 10 .
ATTEST ��I!�• I j'_l •�lj Gf" g ••��'.,t
GARS' 1. GRANVIL'E _ �`�•�:� �i �
. ji
Count Clerk ano Cleric of [re per• y
•� Surtltlul
q Court of the State of Californiaod for the ounty of'Orange2BY. r .lei( DEPI)TY
2.5
26
27
23
GERALD J.
VAN GENIERT
1`00 D"ve SL w —1 i— ATTACHMENT NO,
Suite 300
'.rew,ort Bcac6.
Callfurnia 92660
HleI7 7
� # `-0024912
Ii
RECORDING REQUESTED BY, AND 20—jAN-1995 01 :05 PM
WHEN RECORDED MAIL TO:
Recorded i- Official Records
_DDR , WALKER, RACOBS & POWERS (JLSP) of Orange Ca!ntY7 California
A Professional Law Corporation Gary Granville, ill
2rk-k2corder
18400 Von Karman Avenue, Suite 600 ,es; $ '71 AA
Irvine, CA 92715 Tax: Q.pQ
(SPACE ABOVE FOR RECORDER'S USE)
FIRST AMENDMENT TO
DECLARATION OF RESTRICTIONS
FOR
1
OLD WORLD OWNERS ASSOCIATION
c
THIS FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS for OLD
WORLD ("First Amendment") is made by the Old World Owners
Association ("Association") .
P R E A M B L E
A. On May 25, 1976, W.C.S.L. Developers, a California
corporation ("Declarant") executed a Declaration of Restrictions
which was recorded on October 29, 1976, as Instrument No. 40441, in
Book 11943 , at Pages 1266, et secs. , of the Official Records of
Orange County, California ("Official Records") ("Declaration") .
LEGAL DESCRIPTION OF PROPERTY
B. The Association is situated in the City of Huntington
Beach, County of Orange, State of California, described legally as
follows:
Lots 1 through 54 of Tract 9119 , as shown on a Map
recorded in Book 388, Pages 39 to 42 , inclusive, of
Miscellaneous Maps in the Office of the County Recorder
of said County
1
ATTACMET NO. ��
CITY OF HUNTINGTON BEACH
2000 MAIN STREET - CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
November 22, 2002
James Burgard
7561 Center Ave. #9
Huntington Beach, California 92647
Dear Mr. Burgard:
The City Council of the City of Huntington Beach at its regular meeting held Wednesday,November
6, 2002 denied the appeal to the approval of Entitlement Plan Amendment No. 02-04 (Old World-
Separate Occupancy-Applicant Inge McKellop) 7561 Center Avenue (w/o Huntington Village
Way). The City Council approved EPA 02-04 with findings and conditions of approval.
Page 7 and 8 of the November 6, 2002 action agenda and the Findings and Conditions of
Approval are enclosed. If you have any questions regarding this matter,please contact my office
at(714) 536-5227.
A copy of the minutes will be forwarded to you when prepared-
Sincerely,
Connie Brockway, CMC
City Clerk
cc:VInge McKellop, HOA President
7561 Center Ave. #38v�
Huntington Beach, CA 92647 s. 7 �c �,.� 4:�I.SL v-C-1 01-
r7r4A
G:/followup/appeal/decision/Old World-Separate Occupancy
(Telephone:714536-5227)
(7) November 6, 2002 -Council/Agency Agenda - Page 7
• Recommended Action: Motion to:
Planning Commission and Staff Recommendation:
Approve Conditional Use Permit No. 02-11 to permit the establishment of Praise
Christian Church with findings and conditions of approval (ATTACHMENT NO. 1)
Sustained the decision of the Planning Commission and approved
Conditional Use Permit No. 02-11 and addition of Condition #13 Area of
Benefit Fee asset forth in the Interdepartmental Communication dated
11-06-02 in the Late Communication packet.
6-0-0-1 (Cook abstain)
D-2. (City Council) Public Hearing to Consider Appeal Filed by James Burgard of the
Planning Commission's Approval of Entitlement Plan Amendment No. 02-04 (Old
World-Separate Occupancy—Applicant Inge McKellop) 7561 Center Avenue (w/o
Huntington Village Way)
Communication from the Planning Director.
Public hearing to consider:
Applicant: Inge McKellop
Appellant: James Burgard.
Request: Appeal of the Planning Commission's approval of Entitlement Plan
Amendment No. 02-04 to amend Conditional Use Permit No. 75-24 to allow separate
occupancy of first floor retail suites and second floor residential units in lieu of requiring
the property owner or business owner to occupy both floors of each building. The
request also includes no increase in additional parking based on a parking demand
analysis. The proposed separate occupancy of second floor residential units requires 41
additional parking spaces pursuant to Chapter 231 of the Huntington Beach Zoning and
Subdivision Ordinance.
Location: 7561 Center Avenue (north side of Center Avenue, west of Huntington
Village Way).
Environmental Status: Notice is hereby given that this agenda item is categorically
exempt from the provisions of the California Environmental Quality Act.
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 on Friday, November 1,2002.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence
for or against the application as outlines 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 Department at(714)536-5271 and refer to the above items.
Direct your written communications to the City Clerk.
1. Staff report
• 2. City Council discussion
3. Open public hearing
(8) November 6, 2002 -Council/Agency Agenda - Page 8
4. Following public input,close public hearing •
Recommended Action: Motion to:
Planning Commission and Staff Recommendation:
Approve Entitlement Plan Amendment No. 02-04 to allow separate occupancy of the first
story commerciaf units.and second floor residential.units with findings and conditions.of -
approval (ATTACHMENT NO. 1).
Approved 7-0
FINDINGS AND CONDITIONS OF APPROVAL
ENTITLEMENT PLAN AMENDMENT NO. 02-04
FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO. 02-04:
1. Entitlement Plan Amendment No. 02-04 to amend Conditional Use Permit No. 75-24 to allow
separate occupancy of first floor retail suites and second floor residential units in lieu of
requiring the property owner or business owner to occupy both floors,of each building 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. The request
for separate occupancy will result in the need for 41 additional parking spaces which can be
accommodated by the existing parking surplus as identified by the parking demand analysis
prepared by LSA Associates, Inc. The separate occupancy of first floor retail and second
floor residential units will not negatively impact the current parking within Old World Village
because of the existing surplus of parking currently.in existence on-site.
2. The conditional use permit will be compatible with surrounding uses which consist of
commercial and office development based on a reciprocal parking agreement that exists
between the subject site and adjacent property to the east which allows joint access of all
parking areas. The proposed request is compatible with adjacent uses based on the
divergent parking needs of office uses on the adjacent property and commercial, restaurant,
and residential uses on the subject site:
3. The separate occupancy of the subject buildings will comply with the provisions of the base
district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and
Subdivision Ordinance. In addition, any specific condition required for the proposed use in
the district in which it would be located, with the exception of required parking for which the
applicant has requested an entitlement plan amendment to allow reduced parking based on
a parking demand analysis submitted by the applicant.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Mixed Use on the subject property. In
addition, it is consistent with the following goals and policies of the General Plan:
Land Use Element
Policy LU 7.1:3: Allow for the continued occupancy, operation, and maintenance of legal
uses and structures that exist at the time of adoption of the General Plan
and become non-conforming due to use, density, and/or development
requirements.
Policy LU 11.1.1: Accommodate the development of structures and sites that integrate
housing units with retail and office commercial uses in areas designated
for"mixed use" on the Land Use Plan Map in accordance with Policy LU
7.1.1.
(02cl0827 EPA 02-04 to CUP 75-24) Attachment No. 1.1
Circulation Element
Obiective CE 5.1: Balance the supply of parking with the demand for parking.
Policy CE 5.1.1, Maintain'an adequate supply of parking that supports the present level of
demand and allows for the expected increase in private transportation.
use.
The request for separate occupancy is consistent with the General Plan in that it allows for the
continued operation and occupancy of existing residential units under a separate lease from the
first floor business. Based on the findings of the parking demand analysis, the existing parking
is adequate in supporting the additional parking need generated by the separate occupancy
request while still allowing additional parking for future increases in parking demand.
CONDITIONS OF APPROVAL— ENTITLEMENT PLAN AMENDMENT NO. 02-04:
1. The site plan, floor plans, and elevations received and dated May 14, 2002 shall be the conceptually .
approved layout.
2. The existing units shall comply with the following:
a. A one-hour occupancy separation is required between the proposed apartment use and retail use
below. (BD)
b. The main electrical panel shall be accessible to occupants of both the first floor unit and second
floor unit. (BD)
c. The residential units on the second floor shall maintain a 70-degree temperature, three feet
above the finished floor. The thermostat shall be located such that the control is within said unit.
(BD)
d. All automatic sprinkler control valves must be accessible from the exterior or other acceptable
location as determined by the Fire Department._ (FD)
e. All fire alarm system devices, sprinkler heads, and communication systems must be tested and
accepted by the Fire Department. (FD)
f. All fire access must meet conditions as stated in the Huntington Beach Fire Code. (FD)
g. All public assembly areas, shops, etc. must be properly posted and occupant load verified and
accepted by the Fire Department. (FD)
h. All fire suppression and alarm system devices that require labels shall be so labeled and
inspected by the Fire Department. (FD)
i. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428.
(FD)
(02c10827 EPA 02-04 to CUP 75-24) Attachment No. 1.2
' w
3. Submit a Parking Management Plan for review by the Planning Commission at a study session and
prior to final approval by the Planning Department. Said plan shall depict the location and parking
spaces of all available parking for Old World Village including all on-site parking and all off-site
parking available through reciprocal parking agreements. The plan shall designate all the required
residential parking including enclosed, open, and guest parking spaces and also include and
designate all required parking for the motel. Included in the parking management plan shall be a
directional signage plan assisting all patrons to available parking during all special events at the Old
World Village. The signage plan shall indicate the location and type of signs used during such
events.
4. A one-time building inspection of all existing units with separate occupancy of ground floor and
second floor units shall be required within 90 days of approval, and shall be conducted by a third
party certified building inspector, to ensure compliance with the conditions of approval. All
improvements in compliance with the conditions of approval shall be completed within 180 days of
approval of Entitlement Plan Amendment No. 02-04.
5. Prior to renting out units for separate occupancy a one-time inspection of the subject building shall be
conducted by a third-party, certified building inspector to ensure compliance with the conditions of
approval.
6. Within 90 days of approval, revised CC&Rs shall be submitted to the Planning Department and
approved by the City Attorney. The CC&Rs shall reflect the change'to allow separate occupancy of
mixed use units by the Homeowners'Association. The CC&Rs must be in recordable form.
7. The applicant shall submit three (3) copies of the site plan and the processing fee to the Planning
Department for addressing purposes. (FD)
8. The Planning Director ensures that all conditions of approval herein are complied with. The Planning
Director shall be notified in writing if any changes to the site plan, elevations and floor plans are
proposed as a result of the plan check process. Building permits shall not be issued until the
Planning Director has reviewed and approved the proposed changes for conformance with the intent
of the Planning Commission's action and the conditions herein. If the proposed changes are of a
substantial nature, an amendment to the original entitlement reviewed by the Planning Commission
may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance.
9. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all
plans and information submitted to the City for review and approval.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Entitlement Plan Amendment No. 02-04 shall not become effective until the ten calendar day
appeal period has elapsed.
2. Entitlement Plan Amendment No. 02-04 shall become null and void unless exercised within one
year of the date of final approval which is or such extension of time as may be
granted by the Director pursuant to a written request submitted to the Planning Department a
minimum 30 days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 02-04,
pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington
Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
(02c10827 EPA 02-04 to CUP 75-24) Attachment No. 1.3
v
a
4. The request 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, except as noted herein.
5. Construction shall be limited to Monday—Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited.Sundays and Federal holidays.
6. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the
issuance of Building Permits.
7. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of
Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of
Orange and submitted to the Planning Department within two (2) days of the Planning
Commission's action.
(02c10827 EPA 02-04 to CUP 75-24) Attachment No. 1.4
PROOF OF PUBLICATION
i
.STATE OF CALIFORNIA) ..
SS.
County of Orange )
NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF`
1 am a Citizen of the United States and a THE CITY OFHUNTINGTONBEACH-'
NOTICE lS-HEREBY. GIVEN that on Wednesday,.
resident of the County aforesaid; 1 am Nevembet8:2002,at 7-00 p.m.in the City Council,
Chambers,'2000'Main.Street, Huntington Beach;
over the age of eighteen years, and not a the City.Council will hold a public hearing on the
party to or interested in the below cfollowingpEALOFTHEPningiINGC .
'= 1`.APPEAL OF THE PLANNING COMMISSION'S,
entitled matter. I am a principal clerk of CONDITIONS OF:APPROVAL RA1 CONDITIONAL'.
ibSE:PERMIT NO:'02=11 (PRAISE.'CHRISTIAN
the HUNTINGTON BEACH INDEPENDENT a CHURCH): Appellant: Michael -LeiferAnn behalf
"of•Praise Christian.Church-and Derek Anunciation:
i Request.Appeal;of the conditions of approval as
newspaper of general circulation, printed approved by:;the.:,Planning: Commission for
`. Conditional Use"Permit No:_02-11 to permit the.
and published in the City of Huntington Planning Commission for Conditional Use Permit
No.02-11 to ermit the establishment of a reli'sous-
County of Orange, State of assembly use including religi filtinstruction an within. -
Beach ``approximately•2,840;square feet of, an existing:
California, and that attached . Notice is a Thd8re'square inclfootudes
u warehouse building..
The:request:includes joint_use'parking based ow
true and complete copy as was printed d"argent hours. r g s aces n uses.and:the'
addition of..19 parking spaces on a separate but:
contiguous parcel located at the northeast portion
and published in the Huntington Beach (f the site, Location t S e Go
Street.
Valley . west side of Goldenwest Street north of Garfield
and. Fountain issues . of Said Avenue)bEAL Oct HE PLr.NING OM ,
2 APPEAI.OF THE PLANNING COMMISSION'S.
APPROVAL-0F ENTITLEMENT PLAN AMENDMENT
newspaper to wit the issue(s) of:
NO.'.02-041:-(OLD- WORLDS :SEPARATE"
I--OCCUPANCY):Appellant:'James'Burgard;Request:
j....Appeal.of the Planning Commission's,approval of:
Entitlement Plan:Amendment No 02-64 to.amend
Conditional.Use Permit No.75-24 to-allow separate
l.'."occupancy of-first floor retail suites-and second'
` floor residential units in.-lieu. of requiring- the:
/J property owner or business owner to occupy both
floors of each budding The request also includes:
October 24, 2002 no increase in additional parking based on.a parkmgl
{ demand analysis.The proposed separate_occupancy:,
I of=second- floor, residential units;:requires 41:
additional,parking spaces pursuant to Chapter 231
of-the Huntington:Beach.Zoning and,Subdivisiort
Ordinance: Location: 7561:Center Avenue.(North-
1 declare,. under penalty of perjury, that i ;Way)-,
ay)f Center Avenue west iiVelgtington V�Ilage.
I Wa Pro act Planner Paul Da Vet a
the foregoing is true and correct. NOTICE IS HEREBY GIVEN that Item.No 1 and-
Item No:'2 are :categorically.exempt' from:the
proylsions-of the California_Environmental Quality:
Act _ -
ON-:FILE,_A copy-of the proposed"request is..oR
file in the City Clerk's Office-, 20M Main Street.,-
Executed on Huntington Beach'California 92648,for inspection.
October t obe r 2 4 2 O O 2 r by the public A copy of the staff report will be
at Costa Mesa, California. available-to airN veil parties at the.City Clerks
r Office on Friday;Novemberl;2002. .
.ALL,INTERESTED-PERSONS are invited to attend.
acid`hearing,and:eicpress.,opinion'sr or::sutimit
'evidence for or.against the application as outlined
%`a4ve;:If you challenge.the City Council's.action
iri court,you-may be.limited;to raising only those
issues;.you or..someone'else.raised of the public'.
hearing"described in.this' notice; or in written _
correspondence delivered to the..City.at; or prior
fo; the-public hearing."If.:there`are any further
i.._questions please.call the-Planning Department at;
(Z14j i 536-5271"and"refer to'the`above.items:
i`.-Direct..your--written.communications to:the;City:
F Clerk
Signature Connie Brockway,City Clerk._
City of Huntington Beach
—2000 Main-Street,2nd Floor Huntington Beach,;.,
California 92648(714)536-5227 •;
Published Huntington Beach Independent October
24,2002 : 102-203
GE PARKING
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MES BURGARD BASED ON THE
ING:
VESTS PROCESSING OF A NEW
' IN LIEU OF EPA
ATE OCCUPANCY RESULTS IN A
OF PROPERTY VALUES
TI®NAL SE PERMIT NO. 75.24
WED THE FIRST PLANNED MIXED-
EVELOPMENT
WED REDUCED PARKING BASED
PARKING ANALYSIS AND
ROCAL PARKING
9S REQUIRED THAT THE THE
ERTY OWNER/BUSINESS OWNER
N THE RESIDENTIAL UNIT ABOVE,
OMMERCIAL UNIT
L
i
G MANAGEMENT PLAN
IDENTIFY ALL PARKING
MATED FOR ON-SITE USES
REVIEWED BY THE PLANNING
ISSION AT STUDY SESSION PRIOR
FF APPROVAL
G INSPECTIONS
-TIME INSPECTION SHALL BE
UCTED TO VERIFY COMPLIANCE
THE CONDITIONS OF APPROVAL
MEND APPROVAL BASED ONa
UATE ON-SITE PARKING AS
IFIED BY A PARKING DEMAND
YSIS
ROCAL PARKING ALLOWS ACCESS
PROX. 22,268 PARKING SPACES ON
CENT PROPERTY
GENT PARKING NEEDS BETWEEN
CENT USES AND THE SUBJECT SITE
i
CITY OF HUNTINGTON BEACH
MEETING DATE: October 21, 2002 DEPARTMENT ID NUMBER: PL02-33
/✓ove/-7ber 6, a00o?
Council/Agency Meeting Held: f f—(o -UZ
Deferred/Continued to:
Approved Ly
Conditionally Approved ❑ Denied City Clerk's Signat
Council Meeting Date: ^", '^� Department ID Number: PL02-33
vrear, e��� 2oC7�
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION ti
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS � � .
N CD
SUBMITTED BY: RAY SILVER, City Administrator 074?
r- l`
PREPARED BY: HOWARD ZELEFSKY, Director of 91A4
SUBJECT: APPROVE ENTITLEMENT PLAN AMENDMENT NO. 02-04'(bldv
World-Separate Occupancy)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue:
Transmitted for your consideration is an appeal by James Burgard, of the Planning
Commission's approval of Entitlement Plan Amendment No. 02-04. This application
represents a request to amend Conditional Use Permit No. 75-24 to allow separate
occupancy of first floor commercial suites and second floor residential units. This would
allow property owners in the Old World Village to rent out the second floor residential units
to someone other than the business owner on the first floor. The original CUP approval
required that one occupant would work in the first floor commercial suite while living-above
in the second floor residential unit. Based on this premise, a reduced parking ratio was
required, and included reciprocal parking with adjacent properties.
The Planning Commission approved the project and is recommending approval based on a
parking analysis indicating a surplus of parking existing on the subject site and the
availability of additional parking on adjacent properties through existing reciprocal parking
agreements.
Staff recommended approval of the project to the Planning Commission and is
recommending that the City Council approve the request based on the provision of
adequate parking on-site as identified by a parking demand analysis. In addition, reciprocal
parking within the adjacent office, hotel, and restaurant development (One Pacific Plaza)
located to the east of the subject site, is available to residents, employees, and patrons. 1) �L
PL02-33 -7- 10/28/2002 10:19 AM
REQUEST FOR ACTION
MEETING DATE: fttaber 21, 20 DEPARTMENT ID NUMBER: PL02-33
Ncve-n�.�er 6 a000Z
Funding Source: Not applicable.
Recommended Action:
A. PLANNING COMMISSION AND STAFF RECOMMENDATION:
Motion to:
"Approve Entitlement Plan Amendment No. 02-04 to allow separate occupancy of the first
story commercial units and second floor residential units with findings and conditions of
approval (ATTACHMENT NO.1)."
Planning Commission Action on August 27, 2002:
A MOTION WAS MADE BY KERINS, SECOND BY STANTON, TO APPROVE
ENTITLEMENT PLAN AMENDMENT NO. 02-04 WITH FINDINGS AND MODIFIED
CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE:
AYES: Kerins, Livengood, Kokal, Stanton
NOES: None
ABSENT: Porter
ABSTAIN: Hardy, Shomaker
MOTION PASSED
Alternative Action(s):
The City Council may make the following alternative motion(s):
A. "Deny Entitlement Plan Amendment No. 02-04 with findings for denial."
B. "Continue Entitlement Plan Amendment No. 02-04 and direct staff accordingly."
Analysis:
A. PROJECT PROPOSAL:
Applicant: Inge McKellop, H.O.A. President, 7561 Center Ave. Ste. 38, Huntington
Beach, CA 92647
Location: 7561 Center Avenue (North side of Center Drive, west of Huntington Village
Way)
The project was originally permitted under Conditional Use Permit No. 75-24 which was
approved by the Planning Commission on February 3, 1976. The project was the first
PL02-33 -- 10/28/2002 10:19 AM
REQUEST FOR ACTION
MEETING DATE: DEPARTMENT ID NUMBER: PL02-33
N��m6� 6,aooa
planned mixed-use development in the City. The on-site parking requirement was based on
a mixed use shared parking concept and was approved by the City through a parking
demand analysis. The reduced parking demand was approved based on a reciprocal
parking agreement with the adjacent property to the east proposed as an office, medical,
and retail complex and divergent parking needs resulting from the mix of uses between the
Old World Village and the proposed development envisioned for the adjacent parcel. In
addition, a requirement of the CC & R's required that the property owner or business owner
occupy the first story commercial/office suite and live in the residential unit above.
The subject site is approximately 4.2 acres in size and is currently developed as a
"European Village" comprised of approximately 65,000 square feet of mixed-use commercial
area including specialty retail, office, restaurant, hotel, and a church. In addition, there are
45 residential condominium units located on the second floor above the existing retail and
office uses. Old World Village has a parking supply of approximately 372 spaces located in
two main parking areas. Lot#1 is located on the west side of the subject site and provides
183 parking spaces. Lot#2 is located on the east side of the site and provides 143 parking
spaces and 46 enclosed garages.
The request for separate occupancy would result in a parking need of 41 additional spaces
to meet current parking code requirements. The applicant is not proposing any additional
parking to satisfy the parking requirement and is requesting approval of a reduced parking
requirement based on a parking demand analysis submitted by the applicant (Attachment
4.25-4.28) which indicates an adequate surplus of parking on-site based on current demand.
A reciprocal parking agreement exists between the subject property and the adjacent
property to the east (One Pacific Plaza) that consists of office buildings, a hotel, and
restaurant uses. There are approximately 2,268 parking spaces on the adjacent parcel,
including a parking structure containing approximately 1,550 parking spaces. A total of
2,076 parking are required based on the existing on-site office, hotel, and restaurant uses,
which results in a surplus of 192 parking spaces. One Pacific Plaza experiences its greatest
parking demand during daytime hours, Monday through Friday, based on the office and
medical uses which results in an overabundance of available parking during the evenings
and weekends. Overflow parking from special evening and weekend events at the Old
World Village can be easily accommodated by available parking at One Pacific Plaza.
C. PLANNING COMMISSION MEETING AND RECOMMENDATION:
On August 27, 2002, the Planning Commission held a public hearing to discuss the
proposed project. There were a total of 13 persons who testified in favor of the proposed
project and six persons who testified in opposition to the request. Neighborhood residents
who testified in opposition cited several concerns including the lack of parking on-site during
special events at Old World, a disregard for the CC&R's by the homeowner's association,
and the potential loss in property values based on the transition from same occupancy to
separate occupancy. Those who spoke in favor of the request indicated that several of the
existing buildings already are rented out separately and have been since the project was
PL02-33 10/28/2002 10:19 AM
REQUEST FOR ACTION
MEETING DATE: DEPARTMENT ID NUMBER: PL02-33
�'/o��n16er lam, a Gee?
first built and have experienced no parking problems. They also indicated that it was nearly
impossible for the homeowner's association and City to enforce the requirement for same
occupancy of first and second floor units. The proponents indicated that allowing separate
occupancy would increase the value of their property and would allow them more flexibility
in attracting potential tenants. The Planning Commission concurred with the proponents of
the project and approved the project based on the adequacy of the parking analysis, the
existing surplus of parking, and the availability of parking on adjacent properties through the
existing reciprocal parking agreements.
D. APPEAL:
On September 6, 2002, James Burgard appealed the Planning Commission's approval of
the project citing that a new conditional use permit should be processed instead of the
entitlement plan amendment and that separate occupancy would decrease the number of
owner-occupied units resulting in a loss of property value. An entitlement plan amendment
was processed for separate occupancy because it proposes a change to the original CC &
R's, which requires City approval pursuant to Condition # 27 of CUP No. 75-24.
The appeal letter submitted by Mr. James Burgard also claims that the requirements of the
Zoning Code were not adhered to in the request for reduced parking. Staff has reviewed
Mr. Burgard's claims and has concluded that the applicant has complied with all of the
requirements under Section 231.08, Reduced Parking for Certain Uses, including the
submittal of a parking analysis from a State registered traffic engineer.
E. STAFF ANALYSIS AND RECOMMENDATION:
The change in the occupancy of the subject buildings to separate occupancy triggers
several building code requirements, which are identified in the following analysis. In
addition, the request for separate occupancy warrants the need for a new parking analysis
and review of existing parking conditions. The following is a detailed discussion of these
issues:
Separate Occupancy
The original CC & R's approved under CUP No. 75-24 prohibited separate occupancy of
first floor commercial and second floor residential units. Since approval of the CUP, several
property owners within the development have rented the second floor residential units to
persons not affiliated with the businesses below. The applicant indicates that approximately
38 percent of the existing residential units (16 of 42) are currently rented to individuals not
related to the commercial use. The requirement for same occupancy of these building has
been difficult to enforce by the Homeowners Association and the City since certificates of
occupancy are not issued for renting of residential units, nor is it a conditon of approval of
the CUP.
PL02-33 -5- 10/28/2002 10:31 AM
REQUEST FOR ACTION
MEETING DATE: DEPARTMENT ID NUMBER: PL02-33
IVo✓ens be —6. aooa
Staff supports the request based on the surplus of parking identified in the parking demand
analysis and reciprocal parking with adjacent properties. The proposal eliminates a
requirement to the CC&R's that is unenforceable by the City and allows more flexibility to
property owners in leasing their buildings. In addition, staff views the proposed changed as
an H.O.A. matter, which typically would not require City approval.
Several conditions have been incorporated into the entitlement plan amendment, which
address occupancy issues from the departments of Building, Fire, and Public Works.
These conditions require accessibility to electrical panels, thermostat controls, and
automatic sprinkler control valves. In addition, all units are required to have a one-hour
separation between the first and second floors. In order to verify compliance with the
conditions of approval, a one-time building inspection of all units with separate occupancy is
required within 90 days of approval, and any improvements are required to be completed
within 180 days of approval.
Parking
In analyzing the request, staff required the applicant to conduct a parking analysis, which
analyzed the adequacy of the existing parking supply in accommodating the separate
occupancy request. The parking demand analysis provides a parking lot survey conducted
at the Old World Village. The survey was conducted to identify the peak parking demand of
the subject site. Surveys were conducted on a typical weekday (Thursday, April 11, 2002)
and weekend (Saturday, April 3, 2002) to determine the peak demand of the site. The
surveys were conducted between the hours of 7:00 a.m. and 10:00 p.m. on. both days. The
survey concluded that the peak parking demand for a typical weekday is experienced at
3:00 p.m. where there were 207 parked cars between the two parking lots and a surplus of
165 spaces. On a typical weekend day, with peak parking demand occurring at 7:00 p.m.,
178 parking spaces were occupied and there was a parking surplus of 194 spaces.
One Pacific Plaza is directly east of the subject site and has a parking supply of
approximately 2,268 parking spaces including a parking structure with approximately 1,550
parking spaces. Residents, employees, and patrons of the Old World Village have access
to the parking areas within One Pacific Plaza. The same is true for One Pacific Plaza,
which has access to the Old World parking lots. During special events, such as
Octoberfest, the adjacent parking lot and parking structure are available for use by the
residents, employees, and patrons of Old World for any overflow parking. Most of the
special events on the subject site occur on the weekends in which parking on the adjacent
property would be available based on the office uses on the subject site, which generally do
not operate on weekends. Staff supports the request for separate occupancy based on the
existing reciprocal parking agreement and the divergent parking needs between the office
complex and Old World Village.
In addition to the parking survey, the traffic consultant provided information regarding the
existing vacancies on-site which include six unoccupied residential units and three .vacant
commercial suites. The occupancy of these vacant units may slightly increase the parking
PL02-33 10/28/2002 10:19 AM
5
REQUEST FOR ACTION
MEETING DATE: flkfahpL-24,.2007 DEPARTMENT ID NUMBER: PL02-33
Ahveml—r'6,aooa
numbers identified in the survey, however, the existing surplus will easily accommodate the
development at full occupancy. Staff is in support of the request for separate occupancy
because it has been demonstrated that the parking demand for separate occupancy can be
accommodated by the existing parking surplus. In addition, staff has made several field
visits to the subject site to informally observe the parking situation and has observed
adequate available parking during each visit. Based on the provision of reciprocal parking
and a parking demand analysis prepared by a parking consultant, staff does not anticipate a
shortage of parking. Also, as noted, several units currently have separate occupancy and
the separate occupancy has not significantly changed the uses within the buildings or the
overall demand for parking.
To better manage the parking for Old World, staff is recommending a condition of approval
to require a parking management plan for review and approval by the Planning Department
to identify the location and parking space designations for residential units, commercial
parking, and special events.
Environmental Status:
The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the
California Environmental Quality Act since it involves the leasing and minor alterations to
existing private structures in an already urbanized area.
Attachment(s):
City Clerk's
• - Number No. Description
1. Suggested Findings & Conditions of Approval (Staff Recommendation)
2. Appeal Letter to City Council dated September 6, 2002
3. Planning Commission Minutes dated August 27, 2002
4. Planning Commission Staff Report dated August 27, 2002
5. Letter from Jim Bur and dated October 10, 2002
RCA Author: PD/HF
PL02-33 10/28/2002 10:19 AM
6
FINDINGS AND CONDITIONS OF APPROVAL
ENTITLEMENT PLAN AMENDMENT NO. 02-04
FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO. 02-04:
1. Entitlement Plan Amendment No. 02-04 to amend Conditional Use Permit No. 75-24 to allow
separate occupancy of first floor retail suites and second floor residential units in lieu of
requiring the property owner or business owner to occupy both floors of each building 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. The request
for separate occupancy will result in the need for 41 additional parking spaces which can be
accommodated by the existing parking surplus as identified by the parking demand analysis
prepared by LSA Associates, Inc. The separate occupancy of first floor retail and second
floor residential units will not negatively impact the current parking within Old Wofrld Village
because of the existing surplus of parking currently in existence on-site.
2. The conditional use permit will be compatible with surrounding uses which consist of
commercial and office development based on a reciprocal parking agreement that exists
between the subject site and adjacent property to the east which allows joint access of all
parking areas. The proposed request is compatible with adjacent uses based on the
divergent parking needs of office uses on the adjacent property and.commercial, restaurant,
and residential uses on the subject site.
3. The separate occupancy of the subject buildings will comply with the provisions of the base
district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and
Subdivision Ordinance. In addition, any specific condition required for the proposed use in
the district in which it would be located, with the exception of'required parking for which the
applicant has requested an entitlement plan amendment to allow reduced parking based on
a parking demand analysis submitted by the applicant.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Mixed Use on the subject property. In
addition, it is consistent with the following goals and policies of the General Plan:
Land Use Element
Policy LU 7.1.3: Allow for the continued occupancy, operation, and maintenance of legal
uses and structures that exist at the time of adoption of the General Plan
and become non-conforming due to use, density_ , and/or-development
requirements.
Policy LU 11.1.1: Accommodate the development of structures and sites that integrate
housing units with retail and office commercial uses in areas designated
for "mixed use" on the Land Use Plan Map in accordance with Policy LU
7.1.1.
(02c10827 EPA 02-04 to CUP 75-24) Attachment No. 1.1
Circulation Element
Obiective CE 5.1: Balance the supply of parking with the demand for parking.
Policy CE 5.1.1: Maintain an adequate supply of parking that supports the present level of
demand and allows for the expected increase in private transportation
use.
The request for separate occupancy is consistent with the General Plan in that it allows for the
continued operation and occupancy of existing residential units under a separate lease from the
first floor business. Based on the findings of the parking demand analysis, the existing parking
is adequate in supporting the additional parking need generated by the separate occupancy
request while still allowing additional parking for future increases in parking demand.
CONDITIONS OF APPROVAL— ENTITLEMENT PLAN AMENDMENT NO. 02-04:
1. The site plan, floor plans, and elevations received and dated May 14, 2002 shall be the conceptually
approved layout.
2. The existing units shall comply with the following:
a. A one-hour occupancy separation is required between the proposed apartment use and retail use
below. (BD)
b. The main electrical panel shall be accessible to occupants of both the first floor unit and second
floor unit. (BD)
C. The residential units on the second floor shall maintain a 70-degree temperature, three feet
above the finished floor. The thermostat shall be located such that the control is within said unit.
(BD)
d. All automatic sprinkler control valves must be accessible from the exterior or other acceptable
location as determined by the Fire Department. (FD)
e. All fire alarm system devices, sprinkler heads, and communication systems must be tested and
accepted by the Fire Department. (FD)
f. All fire access must meet conditions as stated in the Huntington Beach Fire Code. (FD)
g. All public assembly areas, shops, etc. must be properly posted and occupant load verified and
accepted by the Fire Department. (FD)
h. All fire suppression and alarm system devices that require labels shall be so labeled and
inspected by the Fire Department. (FD)
i. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428.
(FD)
I
(02c10827 EPA 02-04 to CUP 75-24) Attachment No. 1.2
3. Submit a Parking Management Plan for review by the Planning Commission at a study session and
prior to final approval by the Planning Department. Said plan shall depict the location and parking
spaces of all available parking for Old World Village including all on-site parking and all off-site
parking available through reciprocal parking agreements. The plan shall designate all the required
residential parking including enclosed, open, and guest parking spaces and also include and
designate all required parking for the motel. Included in the parking management plan shall be a
directional signage plan assisting all patrons to available parking during all special events at the Old
World Village. The signage plan shall indicate the location and type of signs used during such
events.
4. A one-time building inspection of all existing units with separate occupancy of ground floor and
second floor units shall be required within 90 days of approval, and shall be conducted by a third
party certified building inspector, to ensure compliance with the conditions of approval. All
improvements in compliance with the conditions of approval shall be completed within 180 days of
approval of Entitlement Plan Amendment No. 02-04.
5. Prior to renting out units for separate occupancy a one-time inspection of the subject building shall be
conducted by a third-party, certified building inspector to ensure compliance with the conditions of
approval.
6. Within 90 days of approval, revised CC&Rs shall be submitted to the Planning Department and
approved by the City Attorney. The CC&Rs shall reflect the change to allow separate occupancy of
mixed use units by the Homeowners' Association. The CC&Rs must be in recordable form.
7. The applicant shall submit three (3) copies of the site plan and the processing fee to the Planning
Department for addressing purposes. (FD)
8. The Planning Director ensures that all conditions of approval herein are complied with. The Planning
Director shall be notified in writing if any changes to the site plan, elevations and floor plans are
proposed as a result of the plan check process. Building permits shall not be issued until the
Planning Director has reviewed and approved the proposed changes for conformance with the intent
of the Planning Commission's action and the conditions herein. If the proposed changes are of a
substantial nature, an amendment to the original entitlement reviewed by the Planning Commission
may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance.
9. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all
plans and information submitted to the City for review and approval.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1.1 Entitlement Plan Amendment No. 02-04 shall not become effective until the ten calendar day
appeal period has elapsed.
2. Entitlement Plan Amendment No. 02-04 shall become null and void unless exercised within one
year of the date of final approval which is August27, 2003, or such extension of time as may be
granted by the Director pursuant to a written request submitted to the Planning Department a
minimum 30 days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 02-04,
pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington
Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
(02c10827 EPA 02-04 to CUP 75-24) Attachment No. 1.3
4. The request 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, except as noted herein.
5. Construction shall be limited to Monday—Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays.
6. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the
issuance of Building Permits.
7. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of
Exemption-at the County of Orange Clerk's Office. The check shall be made out to the County of
Orange and submitted to the Planning Department within two (2) days of the Planning
Commission's action.
I
i
I
I
(02c10827 EPA 02-04 to CUP 75-24) Attachment No. 1.4
s - - _ - -
J
ry�'", _r;.- . Cis
ZU HP
SUBJECT: APPEAL OF PLANNING COMMISION DECISION REGARDING
ENTITLEMENT PLAN AMENDMENT:NO. 02-04 TO CONDITIONAL USE PERMIT
NO. 75-24 (Old World Village—Separate Occupancy and Reduced Parking)
Following is some of the supporting rationale for appealing the subject Planning
Commission decision:
1. See letter from Law Offices of Kent G. Snyder, dated August 26,2002,representing
Seawind Village Apartments, requesting that the CUP be reconsider in total, back to
square one,and not to alter it in a piece-meal manner.
2. The City of Huntington Beach Zoning and Subdivision Ordinance requirements of
Chapter 231, Section 231.08 appear to have been ignored in allowing a reduction in
the number of mandated off-street parking spaces.
231.08 Reduced Parking for Certain Uses
A. Planning Commission may-approve a conditional use permit to reduce the
number of parking spaces to less than the number required per Schedule A
in Section 231.04 provided the following findings are made:
1. Parking.demand will be less than the requirement in Schedule A; and
2. The proposed use of the building-or structure will not generate additional
parking demand; and
3. A Transportation Demand Management Plan which exceeds the minimum
required by Section 230.36 has been approved by the Director.
B. The Planning Commission MAY consider survey data prepared by,a state
registered traffic engineer....
It is apparent that one or more of the required three findings have not been
satisfied:
Regarding the first required finding please note that per the requirements in Schedule
A, there are 189 spaces short (per M.C. Adams letter of April 17, 2002 on behalf of the
applicant that was not included in the Staff Report and may have been ignored) and 537
spaces short (per Attachment 10.4 of Staff Report). The disparity. between.the two
parking shortages stems from major'differences in commercial square footages and
existing use classifications. There is also a minor but significant difference in the
residential bedroom count.
There are over 12,000 square feet of commercial building missing from the applicant's
report. The applicant's report further states that there are 23,834 square feet of office
space. Assuming that this is correct, one would need to acknowledge that OFFICE
SPACE is the primary current use of commercial area at OLD WORLD, and that this use
is NOT DIVERGENT from the office complex across the street.
ATTACHMENT NO. z
Regarding the second required finding please note that separate occupancy. will
obviously generate additional parking demand, regardless of whether it can or cannot be
accommodated by the existing parking supply.
Regarding the third required finding, it does not appear that the Director has approved a. .
Transportation Demand Management Plan.
e It appears that the decision to allow reduced parking relied heavily, if not exclusively,
on a two-day survey conducted by Southland Car Counters. The Parking Demand
Analysis conducted by LSA Associates based its conclusions on the two-day survey.
Staff based its recommendations on the LSA report.
• The Reciprocal Parking Agreement with the office complex across the street appears
to have had a considerable influence on whether there is sufficient parking. However,.
there was not any information available neither to the Planning Commission nor to
the public regarding the adequacy of parking spaces at the office complex site. Staff
had not visited the office complex nor analyzed if their parking facilities were already
"maxed-out". Old World residents have been towed away when parked there.
Reportedly, Old World has authorized over 115 E-Trade and Triad employees to park
at Old World."for convenience". It would seem that parking at the office complex
facilities would be more convenient to them, if spaces are in fact available and there
is ample parking.
Please note that.per Orditmce.231_.08 the Commission may bat is not required to
consider such a report, and that the report that was submitted is based on a two-day
survey in a single week out of the entire year,and that in at least two other days there was
Zero surplus parking. Neither sample of two days was randomly selected nor
sufficiently large to enable a prediction with any degree of confidence that it is
statistically significant and therefore applicable to the entire year.
U-
l ,Lcl
ATTACHME
Law Offices of
` KENT G. SNYDER AUG 2 7 2002
ATTORNEY AT LAW
KENT G.S�,-YDER 2212 DLPO`T DRR'E, SUITE B (949)833-9078
VALEME S.WrI SOR IRVINE,CALIFOKNIA 92612 FAX: (949)833-8209
ksnydar@winstarmaii.com August 26, 2402 �'��'L^-sora;«instacrnaii.ccr:.
Via Messenger
City of Huntington Beach
Attention: Planning Commission
2000 Main Street
Huntington Beach, CA 92648
Re: Entitlement Plan Amendment No. 02-04 (Old World Village — Separate
Occupancy), Tuesday, August 27, 2002 at 7:00 P.M., City Council Chambers
Dear Ladies and Gentlemen:
I represent the owner of Seawind Village Apartments, an apartment community that lies
contiguous to a portion of Old World Village. I am writing on behalf of my client to object to
the proposal to amend Conditional Use Permit 75-24 ("CUP") to allow separate occupancy of
first floor retail suites and second-floor residential suites in lieu of requiring the property
owner or business owner to occupy both floors of each building. THE REQUEST ALSO ..
INCLUDES NO INCREASE IN PARKING BASED ON A PARKING DEMAND ANALYSIS.
My client objects to the referenced proposal on many grounds, but principally on the ground
that an increase in additional parking is absolutely essential if the Planning Commission were
to approve this proposal. It is clear that you would double the rentable units in Old World
Village from 45 to 90 and the proposal by the applicant is not to increase or provide for
additional parking. This proposal does not meet logical thinking. Of the 45 units; 2 of them
contain four bedrooms, 7 of them contain three bedrooms, and 26 of them contain two
bedrooms. If the Commission allows these units to be rented separately from the downstairs
businesses, you are in effect approving a 45 unit apartment house of which 35 units contain
two bedrooms or more, and you have to assume that each of those bedrooms will generate at
least one (1) parking space requirement. To propose such an amendment to the CUP without
accounting for at least 45 additional parking spaces (and this assumes that the tenants in the
apartments will not be parking during the day when presumably the downstairs retail shop
occupants would be parking there) is not realistic. A thorough parking study needs to be
completed to determine how many additional parking spaces are required, but the
undersigned believes that it has to be somewhere in excess of an additional 45 on-site parking
spaces.
Other issues that need to be addressed are as follows:
ATTA ,pIENT NO. �-----.
City of Huntington Beach
Planning Commission
8/2 6/02
Page 2
1: A new environmental impact report needs to be done based on usage and demand on
public utilities, traffic, parking, etc.
2. Based on the CUP that was approved in 1975, it would seem that the standards
(utilized to approve the 1975 CUP, still in effect today) would be doubled due to the
dual occupancy per unit; i.e.: one occupancy as an apartment and one occupancy as a
commercial space.
3. Under the current CUP (approved in 1975), the Church was not required to have
parking. The Church now has public functions and already utilizes existing parking at
Old World.
4. What is the traffic count for the increased daily car trips over the original CUP traffic
count? The City needs to address the increased traffic on the private street, and how
the Maintenance Agreement for the private street should be reconfigured to increase
the Old World portion.
5. The applicant needs to.consider these 45 apartment units in connection with weekend
'entertainment*at Old World and Octoberfest; I do not believe these issues have been
addressed, and the Police Department can expect more complaints.
If the City were to approve this proposal, the result is that the rental income will double for
each unit owner. That's all well and good for that unit owner, but what about the rest of the
City? Most importantly, what about the neighbors? It would seem that the appropriate thing
to do, if the City wishes to entertain this concept, is that the Conditional Use Permit goes all
the way back.to square one, and the applicant would need to meet all of the present
standards of the City for both uses. To alter this CUP in a piece meal manner is a haphazard
approach, and one that should be rejected by the Planning Commission.
VeryAruly ours, �.
Ke t G. Snyder J
Cc: Seawind Apartments
KGS/gml
i
ATTACHMENT NO. �-
1 .
August 27, 2002
AUG 2 7 2002
To the Planning Commissioners:
The attached letter from Michael C. Adams to Paul Da Veiga, dated April
22, 2002 is missing in the Staff Report package.
The letter square footages are understated and/or misstated in order to
minimize the parking space requirements (see attachment 10.4 and 10.5 of
the Staff Report for the correct square footages.)
Nevertheless; the letter states the parking spaces required.
511 spaces per 1975 Code
561 spaces per 2002 Code
378 spaces approved per CUP
372 spaces actually exist
Simple arithmetic shows:
139 spaces short per 1975 Code
'2wz R)9-
189 spaces short per 19;*Code
537. spaces short per attachment 10.4 and 10.5
Respectfully,
JWietta M. Lewis
ATTAG WMENT NO. •�
J
l
M.ICHAEL C, .ADAMS APR 222002
ASSOCIATES
April 17,1002
Mr.Paul DaVeiga, Assistant Planner
Department of Planning
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 922648
RE: Old World Village
Entitlement Plan Amendment/Parking Analysis
Dear Paul:
In addition to the information submitted with the Entitlement Plan Amendment
application the following addresses the specific issue of parkiag:
a) Parking required by code in 1975 Approved w/cur.
Retail 188.spaces 310 spaces
Restaurant
Chapel/School 43
TownhalI 40
Residential 90- 68
TOTAL 511 spaces 378 spaces `
Parking Approved on Entitlement Plan in 1975
TOTAL 375 spaces*
*w/Parking Agreement for use of adjacent office complex site. (Attached)
b) Parking required by Code in 2002
Existing Uses
Retail 19,270 sq. ft. - 96 spaces
Restaurant 12,680 sq.ft. - 127
Office 23834"sq.ft. 95
Hotel 12 units. - 15
Church 4160 sq. ft. - jig
-
Subtotal 452 spaces
Residential
4 - lbd units 4
40—2 bd units 80
I - 3 bd unit 2.5.
Guest @ .5 (45) 22.5
Subtotal 109 spaces
TOTAL 561 spaces ATTACHMENT NO.
P.O. Box 382, Huntincton Beach. CA 926041-IR7
r
Existing Parking Supply 2002
East lot 143 spaces
West lot 183
Enclosed 4�
*Total 372 spaces
*Additional parking is available on the adjacent office complex site. No specific
number is set.
Note: The current request is to permit residential occupancy by individuals not
associated with the attached retail activity. This activity has been practiced since
the project opened over 25 years ago. Currently approximately 38%of the units
(16 of 42)are rented to individuals not related to the retail use.
c) The existing Reciprocal Easement Agreement between Old World Village and the
Huntington Center Office complex addresses a shared parking provision
(attached).
d) On site building square footages have been provided in the answer to the second
question, Adjacent properties that are currently using'the Old World Village
parking facilities are doing so for convenience not due to lack of supply in the
office project. The office complex currently has permission to use 1.15 parking
spaces of the Old World facilities, during normal office hours. As-the on site
parking analysis will indicate there is still a surplus of parking available on the
Old World site.
e) Current hours of operation within the Village vary from business to business.
However, typical hours are daily as follows:
Retail 10:00 a.m.—6:00 P.M.
Restaurant 11:30 am,—9:00 p.m.
Office 9,00 a.m.—5:00 p.m.
f) . .The onsite Parking Survey has been completed by L.S.A. The survey was
conducted on both a we,ekdayand weekend. The data is currently.being
tabulated, we anticipate completion withia 10-14 days,
If you need any additional items or request further information,please contact me. Thank
you for your consideration of this matter,
SinceqAdLs
el
INYUe
Cc: Inge Mckellop ATTACHMENT NO. .���
RXECEIVED
AUG 2 3 2002
A STATEMENT TO THE PLANNING COMMISSIONERS for JAMES
BURGARD
Since.Jim cannot attend this meeting he asked me to read this statement for
him. Jim'-does-not object to the approval of this amendment to the CCRs if
.the.city will enforce the ordinances that provide the safety to the residents of
the Old World Village and the general public that comes to the village for
their enjoyment. We owners have invested a lot of money and are concerned
that allowing the apartments above the stores to be rented will lower the value
of the property. It is a known fact that common interest developments such as
ours becomes less desirable if more than 25% of the units are occupied by
renters. The higher percentage of owner occupancy the more desirable the'
property will be, and if the complex has rental restrictions it will also make
the property more desirable. The village has restrictions on renters and this is
why my wife and I invested here.
If the commission wishes to approve this entitlement to the original CUP I
hope that you will apply,conditions that will enhance the.village and-keep it .
safe for us. I agree that 41 more parking spaces are needed to comply to.the
current ordinance which brings the total spaces needed to 109. Since.the
garages, (46)are part of the 109 they should be retrofitted to ensure that only
cars and.not commercial supplies are stored in them. The garage doors could
be removed without much expense and then inspection would be simple. We
would now need 63 more spaces to complete the 109 required spaces. The
63 should be assigned parking spaces for the residents in a secure parking
area with secure sliding gates to prevent non residents from using the parking
area. I believe the code also requires visitor parking which amounts to
additional 22 or 23 visitor marked spaces.
The entitlement.also requires that each residence have a one hour fire wall
between it and the shop below. This will require a new door that meets this
requirement. Some units may need additional work because they are all
different.
The electrical systems do not meet the requirements needed. The governing
parameter is that"ready access to over current devices" (i.e.circuit breakers),
basically, the main panel is required to be accessible to both tenants. To
ensure the work is done properly, permits and inspection of the.work is a .
necessity. ATTAC IPM ENT NO. 2-
`$
The next item of concern is the heating and air conditioning for both tenants.
The heater is now in the shop and get its electricity from a panel in.the shop.
The thermostat.in Ihe shop is located.in the correct location near the return air .
supply. The thermostat in the apartment is not at a good location because
there is no return air supply. The stairwell is being used as a return air supply.
If a one hour fire wall is to be maintained, the door separating the apartment
and the shop must be closed at all times defeating the air supply to the
apartment. To complicate matters, only the shop has the control of who gets
heat or cool air. There is a switch in the shop that controls which thermostat
will control the heater or AC. I was told by my contractor that a new air
pump is needed to supply heat and AC to the residence with new ducts and
registers and thermostat to give the required need which is to be able to
maintain a 70 degree temperature, three feet above the finish floor.
Jim hopes the commissioners will correctly make all these conditions to the
entitlement so we will all be able to sleep knowing that our investments In the
village are secure and safe.
cwl
14E /Oye?t�_
.dou
xf
�� �
s
wWP
aa _ ANO _-
PC Minutes
August 27,2002 {
RAF""
Page 4 ,
The mmission and applicant discussed special circumstances t provide
justifica for a parking variance due to a building collapse pr to the close of
escrow on t subject property.
Staff provided furthe planation of the parking a ysis, and it's history of
approval by the Planning mmission, City C cil, and California Coastal
Commission.
A MOTION WAS MADE BY LIV D, SECONDED BY KOKAL, TO
CONTINUE COASTAL DEVIEL*OPMEN RMIT N0. 02-07/CONDITIONAL
USE PERMIT NO. 02-09,NARIANCE NO. 02- (KOURY RETAIL/OFFICE
BUILDING) TO SEP BER 10, 2002, BY TH LLOWING VOTE:
AYES: tanton, Kerins, Hardy, Livengood, Ko
NOES: None
ABSF,A(T: Shomaker, Porter
ATTAIN: None
MOTION PASSED
B-2. ENTITLEMENT PLAN AMENDMENT NO. 02-04 TO CONDITIONAL USE
PERMIT NO. 75-24 (OLD WORLD VILLAGE—SEPARATE OCCUPANCY):
Applicant: Inge Mc Kellop Request: To amend Conditional Use Permit No. 75-
24 to allow separate occupancy of first floor retail suites and second floor
residential units in lieu of requiring the property owner or business owner to
occupy both floors of each building. The request also includes no increase in
additional parking based on a parking demand analysis. The proposed separate
occupancy of second floor residential units requires 41 additional parking spaces
pursuant to Chapter 231 of the Huntington Beach Zoning and Subdivision
Ordinance. Location: 7561 Center Avenue (North side of Center Avenue, west
of Huntington Village Way). Project Planner: Paul Da Veiga
• Entitlement Plan Amendment No. 02-04 request:
- Amend previously approved Conditional Use Permit No. 75-24.
- Separate occupancy of first floor retail suites and second floor residential
units in lieu of requiring the property owner or business owner to occupy
both floors of each unit.
- Joint use parking based on a parking demand analysis prepared by a
licensed traffic engineer.
• Staffs Recommendation: Approve Entitlement Plan Amendment No. 02-04
based upon the following:
- Adequate parking exists for the proposed request for separate occupancy
as identified by a parking demand analysis performed by LSA Associates,
Inc.
- Divergent parking needs currently exist between the uses in the Old-
World Village and adjacent office developments.
- Reciprocal parking to adjacent development is available to residents,
employees, and patrons
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PC Minutes 4
August 27,2002
Page 5 DUFT
- The surplus of parking is adequate in supporting the additional parking
need generated while still allowing additional parking for future increases
in parking demand.
Staff made a presentation to the Commission.
Commissioner Hardy excused herself from action on the item due to a conflict of
interest.
Commissioner's Stanton, Kerins, Livengood and Kokal made disclosures that
they spoke with the applicant, opposing and supporting parties, and visited the
project site.
Questions/comments included:
• Overnight and overflow parking
• Explanation of Jewel Project parking requirements
• One Pacific Plaza employee parking
• Reciprocal Parking Agreement
• Separate occupancy
• Visitor parking (22.5 guest parking space—45 units on site)
THE PUBLIC HEARING WAS OPENED:
Mike Adams, representing the Old World HOA, spoke in support of the item. He
mentioned businesses that have permitted parking, and how the request will
have little, if any, affect on parking with 42 existing spaces.
Inge McKellop, applicant, spoke in support of the item. She discussed
enforcement of Old World's Covenants, Conditions and Restrictions (CCR's),
and results of 25 issues voted on by the Old World Board of Directors. She also
mentioned the number of parking spaces that remain empty within the center.
Mark Hopkins, no address provided, spoke in support of the item, stating that
44% of the center's parking spaces remain unused.
David Rofer, Old World HOA member, spoke in opposition to the item, voicing
concerns about how the rental factor will affect property values, that the request
will have a negative impact on parking, and inconsistent information provided in
the parking analysis done by LSA.
Yvonne Rofer, Old World HOA member, spoke in opposition to the item. An Old
World business owner for 24 years, she stated that a new parking study needs to
be done, and that the parking formula should be based on the number of
bedrooms that exist.
Richard Lewis, Old World HOA member, offered no position on the item. He
discussed the number of rental units on the first and second levels, noting
discrepancies made by the applicant. He commented on incorrect figures in the
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ATTACHMENT NO, �v
PC Minutes ' MFT
August 27,2002
Page 6 0 -
LSA Parking Analysis, discussed how special events affect busy parking days,
and overnight parking issues in One Pacific Plaza.
Jack King, Center Avenue,spoke in support of the item. He stated that requiring
business owners to live in the residential unit above their business does not
make good business sense. He added that property ownership should not be
limited to tenancy, and that parking problems within the center do not exist.
Mel Hoeffleger, Seawind Village Apartments, spoke in opposition to the item. He
stated that parking needs to be analyzed annually, and discussed how the center
is divided between residential, restaurant and retail. He suggested the
Commission consider all existing uses before taking action on the item.
Rod Buckley, Center Avenue, voiced concerns about noise but did not offer a
position on the item. As a commercial owner, he discussed Orange County real
estate values, including rental numbers.
Phil Larsham, Center Avenue, spoke in support of the item. He stated he has
never witnessed a parking problem. He also stated that some of the center's
businesses are never open, and that enforcement is necessary for problems that
exist related to first and second floor issues.
Kristina Hermanns, Geneva Avenue, spoke in support of the item.
Erwin Hermanns, Sunstar Circle, spoke in support of the item.
Mike Hermanns, Center Avenue, spoke in support of the item, stating that the
decision will have no significant change to the minority of businesses, that the
CCR's are outdated and make little sense, and that renters raise property values.
He asked for a show of hands from the audience on who agreed that parking at
Old World was not a problem on most days.
Dee Eitleman, Center Avenue, spoke in support of the item.
Rosemary Hashett, Center Avenue, spoke in support of the item.
Dolores Bischof, Center Avenue, spoke in support of the item.
Catherine Brisson, Center Avenue, spoke in support of the item, stating that she
was hoping to rent out her unit upon retirement.
Alice Elderkin, Center Avenue, spoke in support of the item. She stated that
rentals work well when the property is maintained, and that parking problems do
not exist.
Bernie Bischof, Center Avenue, spoke in support of the item, explaining the
history behind the property. He discussed special events and shared parking.
WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS
CLOSED.
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August 27,2002 DRAFT
Page 7
Discussion ensued regarding tenant reserved parking. Staff stated that the
conditions of approval require a Parking Management Plan to ensure adequate
parking is provided for tenants, customers and property owners.
The Commission voiced concerns about the existing Church and how special
events and catering may cause additional parking problems.
A MOTION WAS MADE BY KERINS, SECONDED BY STANTON, TO
APPROVE ENTITLEMENT PLAN AMENDMENT NO. 02-04 TO CONDITIONAL
USE PERMIT NO. 75-24 (OLD WORLD VILLAGE -SEPARATE OCCUPANCY),
BY THE FOLLOWING VOTE:
AYES: Stanton, Kerins, Livengood, Kokal
NOES: None
ABSENT: Shomaker, Porter
ABSTAIN: Hardy
MOTION PASSED
FINDINGS AND CONDITIONS OF APPROVAL - ENTITLEMENT PLAN
AMENDMENT NO. 02-04
FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO. 02-04:
1. Entitlement Plan Amendment No. 02-04 to amend Conditional Use Permit
No. 75-24 to allow separate occupancy of first floor retail suites and second
floor residential units in lieu of requiring the property owner or business
owner to occupy both floors of each building 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. The
request for separate occupancy will result in the need for 41 additional
parking spaces which can be accommodated by the existing parking surplus
as identified by the parking demand analysis prepared by LSA Associates,
Inc. The separate occupancy of first floor retail and second floor residential
units will not negatively impact the current parking within Old World Village
because of the existing surplus of parking currently in existence on-site.
2. The conditional use permit will be compatible with surrounding uses which
consist of commercial and office development based on a reciprocal parking
agreement that exists between the subject site and adjacent property to the
east which allows joint access of all parking areas. The proposed request is
compatible with adjacent uses based on the divergent parking needs of office
uses on the adjacent property and commercial, restaurant, and residential
uses on the subject site.
3. The separate occupancy of the subject buildings will comply with the
provisions of the base district and other applicable provisions in Titles 20-25
of the Huntington Beach Zoning and Subdivision Ordinance. In addition, any
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ATTACHRAENT NO. .�
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August 27,2002
Page 8 I
UFT i
specific condition required for the proposed use in the district in which it
would be located, with the exception of required parking for which the
applicant has requested an entitlement plan amendment to allow reduced
parking based on a parking demand analysis submitted by the applicant.
4. The granting of the conditional use permit will not adversely affect the
General Plan. It is consistent with the Land Use Element designation of
Mixed Use on the subject property. In addition, it is consistent with the
following goals and policies of the General Plan:
Land Use Element
Policy LU 7.1.3: Allow for the continued occupancy, operation, and
maintenance of legal uses and structures that exist at the time of adoption of
the General Plan and become non-conforming due to use, density, and/or
development requirements.
Policy LU 11.1.1: Accommodate the development of structures and sites
that integrate housing units with retail and office commercial uses in areas
designated for"mixed use" on the Land Use Plan Map in accordance with
Policy LU 7.1.1.
Circulation Element
Objective CE 5.1: Balance the supply of parking with the demand for parking.
Policy CE 5.1.1: Maintain an adequate supply of parking that supports the
present level of demand and allows for the expected increase in private
transportation use.
The request for separate occupancy is consistent with the General Plan in
that it allows for the continued operation and occupancy of existing
residential units under a separate lease from the first floor business. Based
on the findings of the parking demand analysis, the existing parking is
adequate in supporting the additional parking need generated by the
separate occupancy request while still allowing additional parking for future
increases in parking demand.
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ATTACHMENT NO. � s
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August 27,2002DRAr
Page 9 j
CONDITIONS OF APPROVAL— ENTITLEMENT PLAN AMENDMENT NO. i
02-04:
1. The site plan, floor plans, and elevations received and dated May 14,
2002 shall be the conceptually approved layout.
2. The existing units shall comply with the following:
a. A one-hour occupancy separation is required between the proposed
apartment use and retail use below. (BD)
b. The main electrical panel shall be accessible to.occupants of both the
first floor unit and second floor unit. (BD)
c. The residential units on the second floor shall maintain a 70-degree
temperature, three feet above the finished floor. The thermostat shall
be located such that the control is within said unit. (BD)
d. All automatic sprinkler control valves must be accessible from the
exterior or other acceptable location as determined by the Fire
Department. (FD)
e. All fire alarm system devices, sprinkler heads, and communication
systems must be tested and accepted by the Fire Department. (FD)
f. All fire access must meet conditions as stated in the Huntington
Beach Fire Code. (FD)
g. All public assembly areas, shops, etc. must be properly posted and
occupant load verified and accepted by the Fire Department. (FD)
h. All fire suppression and alarm system devices that require labels shall
be so labeled and inspected by the Fire Department. (FD)
I. Address numbers shall be installed on structures to comply with Fire
Dept. City Specification 428. (FD)
3. Submit a Parking Management Plan for review by the Planning
Commission at a study session and prior to final approval by the Planning
Department. Said plan shall depict the location and parking spaces of all
available parking for Old World Village including all on-site parking and all
off-site parking available through reciprocal parking agreements. The
plan shall designate all the required residential parking including
enclosed, open, and guest parking spaces and also include and
designate all required parking for the motel. Included in the parking
management plan shall be a directional signage plan assisting all patrons
to available parking during all special events at the Old World Village.
The signage plan shall indicate the location and type of signs used during
such events.
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4. A one-time building inspection of all existing units with separate
occupancy of ground floor and second floor units shall be required within
90 days of approval, and shall be conducted by a third party certified
building inspector, to ensure compliance with the conditions of approval.
All improvements in compliance with the conditions of approval shall be
completed within 180 days of approval of Entitlement Plan Amendment
No. 02-04.
5. Prior to renting out units for separate occupancy a one-time inspection of
the subject building shall be conducted by a third-party, certified building
inspector to ensure compliance with the conditions of approval.
6. Within 90 days of approval, revised CC&Rs shall be submitted to the
Planning Department and approved by the City Attorney. The CC&Rs
shall reflect the change to allow separate occupancy of mixed use units
by the Homeowners' Association. The CC&Rs must be in recordable
form.
7. The applicant shall submit three (3) copies of the site plan and the
processing fee to the Planning Department for addressing purposes. (FD)
8. The Planning Director ensures that all conditions of approval herein are
complied with. The Planning Director shall be notified in writing if any
changes to the site plan, elevations and floor plans are proposed as a
result of the plan check process. Building permits shall not be issued
until the Planning Director has reviewed and approved the proposed
changes for conformance with the intent of the Planning Commission's
action and the conditions herein. If the proposed changes are of a
substantial nature, an amendment to the original entitlement reviewed by
the Planning Commission may be required pursuant to the Huntington
Beach Zoning and Subdivision Ordinance.
9. The applicant and/or applicant's representative shall be responsible for
ensuring the accuracy of all plans and information submitted to the City
for review and approval.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Entitlement Plan Amendment No. 02-04 shall not become effective until
the ten calendar day appeal period has elapsed.
2. Entitlement Plan Amendment No. 02-04 shall become null and void
unless exercised within one year of the date of final approval which is
August 27, 2003, or such extension of time as may be granted by the
Director pursuant to a written request submitted to the Planning
Department a minimum 30 days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Entitlement Plan
Amendment No. 02-04, pursuant to a public hearing for revocation, if
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August 27,2002 !
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any violation of these conditions or the Huntington Beach Zoning and
Subdivision Ordinance or Municipal Code occurs.
4. The request 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, except
as noted herein.
5. Construction shall be limited to Monday—Saturday 7:00 AM to 8:00 PM.
Construction shall be prohibited Sundays and Federal holidays.
6. All applicable fees from the Building, Public Works, and Fire
Departments shall be paid prior to the issuance of Building Permits.
7. The applicant shall submit a check in the amount of$43.00 for the
posting of the Notice of Exemption at the County of Orange Clerk's
Office. The check shall be made out to the County of Orange and
submitted to the Planning Department within two (2) days of the
Planning Commission's action.
C. CONSENT CALENDAR— None.
D. NON-PUBLIC HEARING ITEMS— None.
E. PLANNING COMMISSION ITEMS
E-1. PLANNING COMMISSION COMMITTEE REPORTS
Commission Kokal informed the Commission and viewing public that the
Environmental Board will meet to discuss the proposed Blocks 104/105 "The
Strand" project on Wednesday, August 29, 2002 at 6:30 p.m. in Room B-8,
Lower Level, City Hall.
E-2. PLANNING COMMISSION INQUIRIES/COMMENTS
Commissioner Stanton — None.
Commissioner Kerins—suggested that the Mayor send appropriate
correspondence to State officials, stressing the importance of funding for clean
up of the Santa Ana River riverbed.
Commissioner Kerins requested follow-up by staff on Inquiry#01-15 relating to
outdoor sales activity at Main & Pacific Coast Highway. He suggested that Code
Enforcement staff investigate activity during the upcoming Labor Day holiday
weekend.
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ATTACHMENT NO. --3, .
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STAFF REPORT
HUNTINGTON BEACH - -- -
TO: Planning Commission
FROM: Howard Zelefsky, Director of Plann'
BY: Paul Da Veiga, Associate Pla r
DATE: August 27, 2002
SUBJECT: ENTITLEMENT PLAN AMENDMENT NO. 02-04 TO CONDITIONAL USE
PERMIT NO. 75-24 (Old World Village—Separate Occupancy)
APPLICANT: Inge McKellop, H.O.A. President, 7561 Center Avenue, Suite 38
PROPERTY
OWNER: Old World Village H.O.A., 7561 Center Avenue, Suite 38
LOCATION: 7561 Center Avenue (North side of Center Drive, west of Huntington Village Way)
STATEMENT OF ISSUE:
• Entitlement Plan Amendment No. 02-04 request:
- Amend previously approved Conditional Use Permit No. 75-24.
- Separate occupancy of first floor retail suites and second floor residential units in lieu of requiring
the property owner or business owner to occupy both floors of each unit.
- Joint use.parking based on a parking demand analysis prepared by a licensed traffic engineer.
• Staff's Recommendation: Approve Entitlement Plan Amendment No. 02-04 based upon the
following:
- Adequate parking exists for the proposed request for separate occupancy as identified by a parking
demand analysis performed by LSA Associates, Inc.
- Divergent parking needs currently exist between the uses in the Old-World Village and adjacent
office developments.
- Reciprocal parking to adjacent development is available to residents, employees, and patrons
- The surplus of parking is adequate in supporting the additional parking need generated while still
allowing additional parking for future increases in parking demand.
RECOMMENDATION:
Motion to:
A. "Approve Entitlement Plan Amendment No. 02-04 with findings and suggested conditions of
approval(Attachment No.1)."
A.TTACHRAENT N0. 4 - L__-
i
ALTERNATIVE ACTION(S):
The Planning Commission may take alternative actions such as:
A. "Deny Entitlement Plan Amendment No. 02-04 with findings for denial."
B. "Continue Entitlement Plan Amendment No. 02-04 and direct staff accordingly."
PROJECT PROPOSAL:
Entitlement Plan Amendment No. 02-04 represents a request for the following:
A. To amend previously approved Conditional Use Permit No. 75-24.
B. To permit separate occupancy of existing two-story mixed use buildings in lieu of requiring the
property owner or business owner to occupy both floors of each building.
C. To allow the existing parking to accommodate the proposed separate occupancy of first floor
commercial/office and second floor residential based on a parking demand analysis prepared by a
licensed traffic engineer.
The applicant is requesting an entitlement plan amendment to the previously approved CUP to eliminate
the requirement that the property owner or business owner live in the unit above their business, allowing
separate occupancy of the first story commercial units and second floor residential units. This would
allow property owners in the Old World Village to rent out the second floor residential units to someone
other than the business owner on the first floor. The original approval set aside 68 parking spaces for the
45 residential units within the complex based on the premise that one occupant would work in the first
floor commercial suite while living above in the second floor residential unit. The request for separate
occupancy would result in a parking need of 41 additional spaces to meet current code as identified in
Chapter 231 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The applicant is not
proposing any additional parking to satisfy the current parking requirement and is requesting approval of a
reduced parking requirement based on a parking demand analysis prepared by LSA Associates, Inc. to
justify the current parking conditions on the subject property(Attachment 7).
The subject site is approximately 4.2 acres in size and is currently developed as a"European Village"
comprised of approximately 65,000 square feet of mixed-use commercial area including specialty retail,
office, restaurant, hotel, and a church. In addition, there are 45 residential condominium units located on
the second floor above the existing retail and office uses. Old World Village was approved with 378
parking spaces but currently has a parking supply of approximately 372 spaces located in two main
parking areas. Lot#1 is located on the west side of the subject site and provides 183 parking spaces. Lot
#2 is located on the area and provides 143 parking spaces and 46 enclosed garages. A total of
approximately 6 spaces have been removed due to handicapped and ADA (Americans with Disabilities
Act) re-striping of the parking areas.
ATTACHNIE T NO.
Staff Report-rev. 9/24/01 2 (g:\f6rms\planning\srform0 Ldoc)
A reciprocal parking agreement exists between the subject property and the adjacent property to the east
that consists of office buildings, a hotel, and restaurant uses. There are approximately 2,268 parking
spaces available to residents, employees, and patrons of the Old World Village. A parking structure
containing approximately 1,550 parking spaces is available 24 hours a day for public parking.
The project was originally permitted under Conditional Use Permit No. 75-24 which was approved by the
Planning Commission on February 3, 1976. The project was the first planned mixed-use development in
the City. The on-site parking requirement was based on a mixed use shared parking concept and was
approved by the City through a parking demand analysis prepared by Donald Fisher and Associates. The
reduced parking demand was approved based on the following:
■ Divergent parking needs based on the mix of uses within the Old World Village and within the
adjacent office and hotel development.
■ A reciprocal parking agreement with the adjacent office complex containing approximately 2,268
parking spaces which were available to residents, employees, and patrons of the Old World Village.
■ A requirement in the Conditions Covenants and Restrictions indicating that the property owner or
business owner occupy the first story commercial/office suite and live in the residential unit above.
The entitlement plan amendment was discussed at a Development Assistance Committee meeting in
January of 2002. A community meeting was also held on Thursday, August 22nd to discuss the proposal
with surrounding property owners. All property owners and tenants within a 300-foot radius were notified
of the meeting and approximately 20 persons were in attendance. The discussion centered on the request
for separate occupancy and its impact on existing parking and the parking demand analysis. Additional
issues were discussed regarding Old World and the project in general.
ISSUES:
Subiect Property And Surrounding Land Use, Zoning And General Plan Designations:
LOCATION GENERAL PLAN ZONING LAND.USE
North of Subject Mixed Use SP-1 (North Huntington Apartments
Property: Center Specific Plan
East of Subject Mixed Use SP-1 (North Huntington Office/Commercial
Property: Center Specific Plan
South of Subject Commercial Regional SP-13 (The Crossings at Huntington Beach
Property: Huntington Beach) Mall
West of Subject Mixed Use Vertical Industrial General Vacant—Unimproved
Property: Lot
General Plan Conformance:
The General Plan Land Use Map designation on the subject property is Mixed Use. The proposed
project is consistent with this designation and the goals and objectives of the City's General Plan as
follows:
ATTACHMI T NO. �' 3
Staff Report-rev. 9/24/01 3 (gAf6rms\p1anning\srform0 Ldoc)
Policy LU 7.1.3: Allow for the continued occupancy, operation, and maintenance of legal uses and
structures that exist at the time of adoption of the General Plan and become non-
conforming due to use, density, and/or development requirements.
Policy LU I1.1.1: Accommodate the development of structures and sites that integrate housing units
with retail and office commercial uses in areas designated for"mixed use"on the
Land Use Plan Map in accordance with Policy LU 7.1.1.
Obiective CE 5.1: Balance the supply of parking with the demand for parking.
Policy CE 5.1.1: Maintain an adequate supply of parking that supports the present level of demand and
allows for the expected increase in private transportation use.
The request for separate occupancy is consistent with the General Plan in that it allows for the continued
operation and occupancy of existing residential units under a separate lease from the first floor business.
Based on the findings of the parking demand analysis, the existing parking is adequate in supporting the
additional parking need generated by the separate occupancy request while still allowing additional
parking for future increases in parking demand.
Zoning Compliance:
This project is located in the North Huntington Center Specific Plan(SP-1) and complies with the
requirements of that zone. The only development standard which is being affected by the entitlement plan
amendment is required parking. The following table indicates the parking as it was originally approved
under Conditional Use Permit No. 75-24.
SECTION .� _ iUSE�S
Article 979 Residential 68
Specialty Commercial, 310
Restaurant &Beer Pavilion, Chapel &
School, and Townhall &Ratskellar
Total 378 Parking Spaces*
*Approximately 2,268 reciprocal parking spaces are provided in addition to the 378 on-site spaces
The following parking matrix compares the existing residential parking with the current residential
parking requirements of the Huntington Beach Zoning and Subdivision Ordinance:
SECTION: -:ISSUE CODE'
231.04.B Off-Street 1 space per 1BR unit X 4 units= 4
Parking 2 spaces per 2 BR units X 40= 80
Number 2.5 spaces per 3 BR unit X 1 = 2.5
0.5 guest_pace per unit= 22.5
Total Spaces Required= 109 1 *68
*Entitlement Plan Amendment
ATTAC ININ T 11i
Staff Report-rev. 9/24/01 4 (g:\forms\planning\srformOl.doc)
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Environmental Status:
The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California
Environmental Quality Act since it involves only the change in occupancy of an existing private structure
in an already urbanized area.
Coastal Status: Not applicable.
Redevelopment Status: Not applicable.
Design Review Board: Not applicable.
Other Departments Concerns and Requirements:
The Departments of Public Works, Fire, Community Services and Building and Safety have
recommended conditions that are incorporated into the conditions of approval. The following are
findings/issues identified by the Building and Safety Department:
■ The code in effect at the time of construction was the 1973 edition of the Uniform Building Code
which required a one-hour separation between the first floor commercial unit and second floor
residential unit.
■ The buildings, by record, are found to be of one-hour construction and will not necessitate any
additional retrofit so long as there are no proposed structural/physical alterations to the buildings that
would trigger the permit process.
■ The issue of separate electric, water, and gas meters shall be at the discretion of the Property owner, as
coordinated with the utility companies and the Public Works Department.
Public Notification:
Legal notice was published in the Huntington Beach/Fountain Valley Independent on August 15, 2002,
and notices were sent to property owners and tenants of record within a 300 ft. radius of the subject
property, individuals/organizations requesting notification. As of August 22, 2002, there have been
several letters expressing concern and/or opposition to the proposed request and a survey of existing
parking utilization submitted by property owners within the Old World Village. All correspondence has
been provided as an attachment to the staff report.
Application Processing Dates:
DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S):
June 28, 2002 August 28, 2002
ATTACH "IE N T N0
Staff Report-rev. 9/24/01 5 (g:\forms\planning\srformOl.doc)
ANALYSIS:
The primary issue to consider when analyzing the project is the proposed change to separate occupancy of
first floor commercial and second floor residential units and the manner in which it affects existing on-site
parking. The following is a detailed discussion:
Separate Occupancy
The original CUP is proposed to be amended to permit separate occupancy and therefore the applicant is
--requesting an entitlement-plan amendment. Although separate occupancy of first floor commercial and
second floor residential was not allowed, several property owners within the development have rented the
2°d floor residential units-to persons not affiliated with the businesses below. The applicant indicates in
the narrative that approximately 38 percent of the existing residential units (16 of 42) are currently rented
to individuals not related to the retail use. The requirement for same occupancy of these building has been
difficult to enforce by the Homeowners Association and because the City does not require certificates of
occupancy for renting of residential units, the City has also had difficulty in monitoring the occupancy. In
analyzing the issue of separate occupancy, the parking demand is the main issue.
Parking
Staff is in support of the request for separate occupancy based the submitted parking study and the
provision of reciprocal parking that exists between the subject property and adjacent office/commercial
property. One Pacific Plaza is directly east of the subject site and has a parking supply of approximately
2,268 parking spaces including a parking structure with approximately 1,550 parking spaces. Residents,
employees, and patrons of the Old World Village have access to all of the parking areas within One
Pacific Plaza. The same is true for One Pacific Plaza, which has access to the Old World parking lots.
During special events, such as Octoberfest, the adjacent parking lot and parking structure is available for
use by the residents, employees, and patrons of Old World for any overflow parking. Most of the special
events on the subject site occur on the weekends in which parking on the adjacent property would be
available because the predominate use is office and has a divergent (daytime) parking demand. Staff
supports the request for separate occupancy based on the existing reciprocal parking agreements and the
divergent parking needs between the office complex and Old World Village.
The parking demand analysis prepared by LSA Associates, Inc. provides a parking lot survey conducted
by Southland Car Counters at the Old World Village. The survey was conducted to identify the peak
parking demand of the subject site. Surveys were conducted on a typical weekday(Thursday, April 11,
2002) and weekend (Saturday, April 3, 2002) to determine the peak demand of the site. The surveys were
conducted between the hours of 7:00 a.m. and 10:00 p.m. on both days. The following tables provide the
count of available parking at one hour intervals:
i
ATTACHMENT NO.
Staff Report-rev. 9/24/01 6 (g:\forms\planning\srformOl.doc)
Table A-Thursday, April 11, 2002 Table B - Saturday, April 13,2002
TIME LOT 1 LOT 2° TOTALS - '_`TIME° IOT�1 ` LOT 2: . TOTA°I_ S
7 a.m. 45 41 86 7 a.m. 38 34 72
8 a.m. 50 47 97 8 a.m. 38 45 83
9 a.m. 75 71 146 9 a.m. 43 47 90
10 a.m. 91 81 172 10 a.m. 1 39 59 98
11 a.m. 97 88 185 11 a.m. 53 73 126
12 p.m. 94 92 186 12 p.m. 59 69 128
1 P.M. 91 98 189 1 p.m. 61 66 127
2 p.m. 98 1 101 199 2 p.m. 61 69 130
3 p.m. 103 104 '207 3 p.m. 63 74 137
4 p.m. 83 96 179 4 p.m. 79 82 161
5 p.m. 87 90 177 5 p.m. 83 85 168
6 p.m. 56 60 116 6 p.m. 84 91 175
7 p.m. 52 58 110 7 P.M. 83 95 178
8 p.m. 49 56 105 8 P.M. 81 95 176
9 P.M. 51 51 102 9 P.M. 79 92 171
10 p.m. 43 50 93 10 P.M. 75 89 164
Peak Parking Demand 207 spaces Peak Parking Demand 178 spaces
Total Spaces Provided 372 spaces Total Spaces Provided 372 spaces
Parking Surplus 165 spaces Parking Surplus 194 spaces
Table A indicates that the peak parking demand for a typical weekday is experienced at 3:00 p.m. where
there was 207 parked cars between the two parking lots. There are 372 parking spaces existing on the
subject site, therefore a surplus of 165 spaces currently exists during the peak hour. Table B provides
parking counts for a typical weekend day which indicates peak demand as occurring at 7:00 p.m. with 178
parking spaces occupied and a parking surplus of 194 spaces.
In addition to the parking survey, the traffic consultant provided information regarding the existing
vacancies on-site which include six unoccupied residential units and three vacant commercial suites. The
occupancy of these vacant units may slightly increase the parking numbers identified in Table A and Table
B, however, the existing surplus identified by the traffic consultant will easily accommodate the
development at full occupancy. Staff is in support of the request for separate occupancy because it has
been demonstrated that the parking demand for separate occupancy can be accommodated by the existing
parking surplus. In addition, staff has made several field visits to the subject site to informally observe the
parking situation and has observed adequate available parking during each visit. Based on the provision
of reciprocal parking and a parking demand analysis prepared by a parking consultant, staff does not
anticipate a shortage of parking. Also, as noted, several units currently have separate occupancy and the
separate occupancy has not changed significantly the uses within the buildings or the overall demand for
parking. To better manage the parking for Old World, staff is recommending a condition of approval to
ATTACHMENT NO. �f ?
Staff Report-rev. 9/24/01 7 (g:\forms\planning\srformOl.doc)
require a parking management plan for review and approval by the Planning Department to identify the
location and parking space designations for residential units, commercial parking, and special events.
ATTACHMENTS:
1. Suggested Findings and Conditions of Approval—EPA No. 02-04
2. Conditions of Approval—CUP No. 75-24
3. Site Plan dated May 14, 2002
4. Narrative dated April 5, 2002
5. Letter from Applicant dated May 14, 2002
6. Matrix of Existing Uses dated May 14, 2002
7. Parking Demand Analysis—LSA Associates, Inc. dated May 10, 2002
8. Reciprocal Easement Agreement dated April 30, 1976
9. Letters of Concern/Opposition dated May 15, 2002
10. Letters of Concern/Opposition and Miscellaneous Information/Research dated July 3, 2002
11. Letter from Jim Burgard dated August 19, 2002
SH:HF:PD:kjl
(g:\forms\planning\srform00.doc)
ATTACHMENT NO.
Staff Report-rev. 9/24/01 8 (g:\forms\planning\srformOl.doc)
ATTACHMENT NO. 1
SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL
ENTITLEMENT PLAN AMENDMENT NO. 02-04
SUGGESTED FINDINGS FOR APPROVAL -ENTITLEMENT PLAN AMENDMENT NO. 02-04:
L. Entitlement Plan Amendment No. 02-04 to amend Conditional Use Permit No. 75-24 to allow
separate occupancy of first floor retail suites and second floor residential units in lieu of requiring the
property owner or business owner to occupy both floors of each building 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. The request for separate occupancy will result in the
need for 41 additional parking spaces which can be accommodated by the existing parking surplus as
identified by the parking demand analysis prepared by LSA Associates, Inc. The separate occupancy
of first floor retail and second floor residential units will not negatively impact the current parking
within Old World Village because of the existing surplus of parking currently in existence on-site.
2. The conditional use permit will be compatible with surrounding uses which consist of commercial and
office development based on a reciprocal parking agreement that exists between the subject site and
adjacent property to the east which allows joint access of all parking areas. The proposed request is
compatible with adjacent uses based on the divergent parking needs of office uses on the adjacent
property and commercial, restaurant, and residential uses on the subject site.
3. The separate occupancy of the subject buildings will comply with the provisions of the base district
and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision
Ordinance. In addition, any specific condition required for the proposed use in the district in which it
would be located, with the exception of required parking for which the applicant has requested an
entitlement plan amendment to allow reduced parking based on a parking demand analysis submitted
by the applicant.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent
with the Land Use Element designation of Mixed Use on the subject property. In addition, it is
consistent with the following goals and policies of the General Plan:
Land Use Element
Policy LU 7.1.3: Allow for the continued occupancy, operation, and maintenance of legal uses and
structures that exist at the time of adoption of the General Plan and become non-
conforming due to use, density, and/or development requirements.
Policy LU I1.1.1: Accommodate the development of structures and sites that integrate housing units
with retail and office commercial uses in areas designated for"mixed use" on the
Land Use Plan Map in accordance with Policy LU 7.1.1.
ATTACMAE IT NO. `f
(g:\forms\planning\srform02.doc)-rev.4/25/02
Circulation Element
Objective CE 5.1: Balance the supply of parking with the demand for parking.
Policy CE 5.1.1: Maintain an adequate supply of parking that supports the present level of demand
and allows for the expected increase in private transportation use.
The request for separate occupancy is consistent with the General Plan in that it allows for the continued
operation and occupancy of existing residential units under a separate lease from the first floor business.
Based on the findings of the parking demand analysis, the existing parking is adequate in supporting the
additional parking need generated by the separate occupancy request while still allowing additional
parking for future increases in parking demand.
SUGGESTED CONDITIONS OF APPROVAL—ENTITLEMENT PLAN AMENDMENT NO. 02-
04:
1. The site plan, floor plans, and elevations received and dated May 14, 2002 shall be the conceptually
approved layout.
.2. The existing units shall comply with the following:
a. A one-hour occupancy separation is required between the proposed apartment use and retail use
below. (BD)
b. The main electrical panel shall be accessible to occupants of both the first floor unit and second
floor unit. (BD)
c. The residential units on the second floor shall maintain a 70-degree temperature,three feet above
the finished floor. The thermostat shall be located such that the control is within said unit. (BD)
d. All automatic sprinkler control valves must be accessible from the exterior or other acceptable
location as determined by the Fire Department. (FD)
e. All fire alarm system devices, sprinkler heads, and communication systems must be tested and
accepted by the Fire Department. (FD)
f. All fire access must meet conditions as stated in the Huntington Beach Fire Code. (FD)
g. All public assembly areas, shops, etc. must be properly posted and occupant load verified and
accepted by the Fire Department. (FD)
h. All fire suppression and alarm system devices that require labels shall be so labeled and inspected
by the Fire Department. (FD)
ATTACH)►SENT NO.- to
(g:\forms\planning\srform02.doc)-rev.4/25/02
i. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428.
(FD)
3. Submit a Parking Management Plan approved by property owner for review and approval by the
Planning Department. Said plan shall depict location and parking space designations for residential
units on the site.
.1
4. A one-time building inspection of all existing units with separate occupancy of ground floor and
second floor units shall be required within 90 days of approval to ensure compliance with the
conditions of approval. All improvements in compliance with the conditions of approval shall be
completed within 180 days of approval of Entitlement Plan Amendment No. 02-04. l
�l tw - `*V(I� 'fir £ ?
5. Prior to renting out units for separate occupancy, a one-time inspection of the subject building shall be
required to ensure compliance with the conditions of approval.
6. The Planning Director ensures that all conditions of approval herein are complied with. The Planning
Director shall be notified in writing if any changes to the site plan, elevations and floor plans are
proposed as a result of the plan check process. Building permits shall not be issued until the Planning
Director has reviewed and approved the proposed changes for conformance with the intent of the
Planning Commission's action and the conditions herein. If the proposed changes are of a substantial
nature, an amendment to the original entitlement reviewed by the Planning Commission may be
required pursuant to the Huntington Beach Zoning and Subdivision Ordinance.
7. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all
plans and information submitted to the City for review and approval.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Entitlement Plan Amendment No. 02-04 shall not become effective until the ten calendar day appeal
period has elapsed.
2. Entitlement Plan Amendment No. 02-04 shall become null and void unless exercised within one year
of the date of final approval which is August 27, 2003, or such extension of time as may be granted
by the Director pursuant to a written request submitted to the Planning Department a minimum 30
days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 02-04,
pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington
Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
4. The request 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, except as noted herein.
5. Construction shall be limited to Monday—Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays.
(g:\forms\planning\srform02.doc)-rev.4/25/02 ATTACHN91ENT NO. `(
6. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the
issuance of Building Permits.
7. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of
Exemption at the County of Orange Clerk's Office. The check shall be made out to the County o
Oranize and submitted to the Planning Department within two (2) days of the Planning Commission's
action.
(g:\forms\planning\srform02.doc)-rev.4/25/02 ATTpeCYMAENT Il-P.-s'. -.'