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HomeMy WebLinkAboutUse permit 75-12 - Harry D. Aggers III - Construction and op Affidavit of P cation Stag�f Casllfo , Z-ounty or Orangernia ss &ty o{ 1untington Beach 1 Georg(! Farquhar, being duly sworn on oath, says: That he is a citizen pf the trr►ited States, over the age of twenty-one Sears./ That he is the printer and publisher of the Huntington Beach News, a weekly newspaper of general circulation printed and pub- lished In Huntington Beach, California and circulated in the said County of Orange and elsewhere and publishrl for the dissemination of local and other news of a general character, and has a bona fide subscription list of paying subscribers, and said paper has been established, printed and published in the State of California, and County of Orange, for at least one year next before the publication of the first insertion of this notice; and the said newspaper is not devnted to the interest of, or published for the entertainment of any particular class, profession, trade, calling, race or denomination, or any number thereof. ---•- -�°� The Huntington Beach New was adjudicated a legal newspaper -1>75. Kt � f�lx fit, 1JT5.. of general circulation by Judge G. K. Scovel in the Superior Court 910=1 4f PusLI¢:ifmial of Orange County, Californic August 27th. 1937 by order No. A-5931. . A"*0VA, Of C�Ii0f1'iONAL.YK t�E/�11iT Th -1t0. at the APp PR EA1. TQ APOVAI. OF G'I:jL:I. _� n's-iCE 15"'h RfiY 1Ui4Ey tit a' - Ile hraring vrlli -bo".hold by ttM 'City Council of the'City of'Hualicsdton'tColr, 1 in the Cauncl)'Thw nbW bit tho C. tC 10 A1, U-3F, T'.`".r EU I T U0. 7 ri- 1 ranter, tfLrrl�ln�(tutl, f Clt, ttre haw of which the annexed is a printed copy, was published in said news- 7.00 -P.'1A", or as ,•.wan -t.6W%*M W"as { F assibl(y On 'lYtglley�' thR.•'b+0i dry At Ncvamtr+r, • itTtS,. •la .the '•parpaes •ai� � pa,,wr at least ��':___�a fl U _ by' "herirCi .s�1: l b Qi1a.appta►a1, try Gitli .War+nlng .CcfrgtKwbn <.d� [Cor4tic-nm- 'Usj . �tn!rr: f+e•� buesth+A to carat+ cr a Ltnnia stud`X r!i9t! camsr,encinq from the 23rC day of �u t;� F r tiuo "is'. will* p�•�rtpa such ;tied!l�s.ir► swlmmSn� .Pool. .0 home:taro 1+b Whet fstillfies, WW-•10uryr;An,l. .bar� 1975— and ending on the 1 rd daa• of Oi'tnbe 2' _ faelutcas, 'tt. eubJiel; .ti.W ,an VW tQ4!Y1pr!ot`4ert10r� ptsllsrtrant 1925 � both days inclust%v. and as often during said period and Mi�A�Ct1:'.If.F h4,13l,sti»rt..tr►40 :plsertnl .arw�=#�i,•d�CD -(tndusVtw"�13: tunes of publication as said paper was regularly issued, and in the doll Witho��.00 0ttan"-10 regular and entire issue of said pewspaper proper, an9 not in a the.Ciris; I;trfrit}:.�►-eft-pls�i.� supplement, and said notice was published therein on the following d+i b,+►.°rnr dates. to-wit: la ,> I!! ' .:•_;:_ :.i`- . .; 3 . 1 5 lip.,We ,•mot r;�: tita'i t r r� Publisher � t�rr'l1,,iq►s?�L.'. �..,.,' Subscribed and zvmrn to before me this z4 t n _ _ day of -' October 192-5— Notary Public <' Orange County, California -----_---- THOMAS D. WYLLI�- i ~ Molary F'vWit•Ctfi(sraie j ; _' Orenge Covnfy i My Cernmiuion t 1pires � Sepl�mber t T, (9 i'f r r Huntington Beach Planning Cnmmissio'rf P.O. BOX 190 OALIFOaNIA 941,10 TO: Honorable Mayor and City Council FROM: Planning Commission DATE: September 30 , 1975 ATTN: David D. Rowlands, City Administrator RE: Conditional Use Permit No. 75-12 : Appeal to Approval CONDITIONAL USE PERMIT NO. 75-12 APPLICANT: Harry D. Aggers III Huntington Tennis Club, Inc. 666 E. Ocean Blvd. #1102 Long Beach, California 90802 LOCATION: Southeast corner of Ernest Avenue and Goldenwest Street REQUEST: To permit the construction and operation of a swim and tennis club PLANNING COMMISSION ACTION: ON MOTION BY KERINS AND SECOND BY BAZIL CONDITIONAL USE PERMIT NO. 75-12 WAS APPROVED WITH THE FOLLOWING FINDINGS BY THE FOLLOWING VOTE: AYES: Parkinson, Bazil , Finley, Slates , Shea , Boyle, Kerins NOES : None ABSENT: None FINDINGS: 1. The proposed use is compatible to surrounding uses presently existing, and will be compatible with the long term uses result- ing from implementation of the Land Use Element for the area. 2 . The proposed plan is in substantial conformance with applicable provisions of the Huntington Beach Ordinance Code. 3 . The proposed recreational facility will be both compatible and complementary to the recreational and open space character of the general area. 4 . Private recreational , facilities am unclassified uses and may be allowed in any district. The proposed industrially zoned property does provide a compatible location for the use with surrounding properties. V + r • ..Page .Two PLAN14ING COMISSION RECOMENDATION: The Planning Commission. recommends approval of Conditional Use.' Permit No. 75-12 for the reasons enumerated above. SUMMARY OF STAFF REPORT: Conditional ,Use Permit No. 75-12 is a request to establish a tennis . arid. zwim ciub 'as a private recreational activity in the City. The .facilities will include a clubhouse zonsisting of a pro shop, locker facilities, snack bar, lounge and bar facilities , a swimming pool with related facilities and fourteen (14) regulation tennis courts . The proposed improvements and development standards are in conformance with applicable provisions of the Huntington Beach Ordinance Code. The location of the facility is in an area designated as a planning reserve on the General Plan and considered to be in a predevelopment stage, where transitional zoning districts exist and w'lere natural resource produclCion is continuing. The land use issue involved on the specific project site is one of industrial versus a residential designation. An analysis of both potential land uses demonstrated that the tennis facility can be compatible with either a residential or industrial land use designation and can, in fact, make the antici- pated long range land uses more compatible with one another. For a more detailed discussion of this issue, reference can be made to page 3 of the attached staff report. ADDITIONAL INFOP14ATION: The Planning Commission in its initial review expressed its concern over the adequacy of the parking, the orientation of the pool to Goldenwest Street, and access to the complex. The applicant thus revised his plans by eliminating three (3) tennis courts to provide additional parking and moved thiz clubhouse and swimming pool to the center of the site. Access to the project was modified to a cen:-ral access paint on Goldenwest Street thus providing for a safer circulation pattern. During the public hearing before the Planning Commission, a ". . Hall Seely addressed the Commission, expressing concern over t-' adequacy of the parking, possible noise and traffic impacts. Ab s result, the Commission stipulated that no outdoor public address system shall be permitted. ENVIRONMENTAL STATUS : The Environmental Rev! w Board at its Meeting of July 29, 1975, granted ,Negative Declaration No. 75-•55 for the ' project, having found it will not have a significant adverse effect. upon the physical environment. Page Three SUPPORTING INFORMATION: 1. Staff Report 2 . Area Mara 3 . ERB Transmittal 4 . Letter of. Appeal Res . tfully submit ed , r R chard A . Harlow Secretary RAH:JM.C: :g c l 11 i hf11"t f"1 nft Staff • Fi.Ai�i�IciG-.In 0 PCObu-113SIO'N W96m: PLA+INI, DE ARTI-XNT DATE: August 19, 975 L' xJUI'1'IC NAL 0CCEPTION '3n. 75-29 PILING DLNPE: 7/14/75 APPLICa1N4T: 11arry D. Dyers III ZONE: 141-A-M & W-0--M 666 E. Ocean Blvd. '$402 Long Beach, Ca. 90802 GC1`EW, PLAN: uxATION: The southeast, corner of •. Goldenwest Strut and Ernest Avenue. Rh7QUwr: To allow a 251 encroachment � ^ _ k' i E1 into the required 40 ft. front yard setback. •. ,' • J CONDITIONAL USE PERMMT NO. 75-12 FILING DATE: 7/14/75 APPLICANT: Harr D y D. A ggers III ZONE: MI--A--CD & � Huntington Tennis Club, Inc. M1-•0-CD 666 E. Ocean Blvd. #1102 Long Beach , 4alif. 90802 GENERAL PLAN: LOCATION : Southeast corner of Earnest • i�`' Alle. and Goldenwest St . i REQUEST: To permit the construction 4 and operation of a swim and tennis club 1. 0 ENVYRC)I MEATAL STATUS : The Environmental Review Board at its meeting of July 291 1975 granted Negative Declaration No. 75-55 for the Proposed project, having found it will not have a significant adverse effect upon the physical environment. (See Attached wranamittal . ) '1� CONDITIONAL EXCEPTION 0. 75-29 CONDITIONAL USE PERMIT NO. 75-12 Page 2 2. 0 GENERAL INFORMATION: Conditional Use Permit No. 75--12 Js a request to establish a tennis and sw m club as a pr vate recreational activity in the City of Huntington Beach. The facilities will include a clubhouse consisting of a pro shop, locker facilities , smack bar, lounge and bar facilities, a swimming pool with related facilities and nine (9) regulation tennis courts. An additional, eight (8) tennis courts are anticipated to be 1 developed as part of phase II of the development. Conditional Exception No. 75-29 is a request to allow a twenty-five (25) foot encroachment into the required 40 foot front yard setback. The encroar.:hment involves a six (6) foot high masonry wal.1 surrounding the pko�osnd swimming pool. 3. 0 PRESENT LAND USE, ZONING AND GENERAL PLAN DESIGNATION: The subject site is vacant and has both M1-A--CD (Restricted Manufacturing) and M1-0-CD (Light industrial) zoning. Reference attached District Map 39. The Land Use Element of the General Plan designates the site as a "Planning Reserve" . A planning reserve is defined as an interim designation intended for areas where long term comprehensive planning and development are anticipated. Properties to the south are zoned MI-A-•CD and MI-0-CD and developed with a trucking and storage yard. To the north is property zoned RA-0-CD and Ml•^ 0 and vacant except .for oil production operations. To the east is M1-0 zoning developed with a single family residence but predominantly .vacant Properties to the west are zoned RA-0-CD and P vacant except for oil product.-Lon operations . 4. 0 ANALYSIS : 4. 1 Parking and landscaping for the proposed use are in conformance with applicable provisions of the Huntington Beach Ordinance Code. The parking provides good accessibility to the facility and the landscaping has good dispersion throughout the site. The location of the driveway immediately adjacent to the intersection of Goldenwest Street and Ernest A,renue is not the most desirable from a tr.a::ric safety standpoint. Combining the two driveways into a central access point would provide for more stacking area , thus eliminating traffic ba 1kup onto Goldenwest Street. 4. 2 The proposed location of the recreational facility is in an area considered to be in a predevelopment stage, where transitional zoning districts exist and where natural resource production ie continuing. The necessary long range planning for this area is currently being completed and will be reviewed by both the Planning Commission and City Council in the very near future. The land use issue involved on the specific project site is one of industrial versus a residential designation. Since there are planning arguments CONDITIONAL EXCEPTION NO. 75-29 CONDITIdNAL USE PERMIT NO. 75-12 ' Page 3 that can be made in favor of either land use, and since there have been indications of legislative preferences for both designations, the proposed ,,recreational use should be analyzed from both land use potentials. ` . A residential designation on the site would allow a continuation of residential lard uses from bath the west and north of the subject property. The tennis complex could thus serve as an intensity buffer between the estate residential developments to the . .. immediate north and the medium density residential that would be t :;�► . allowed to take place to the south of Ernest Avenue. � An industrial designation on the site would perpetuate and extend the Gothard Industrial Corridor. Should this designation be implemented, industrial land uses could be developed directly adjacent to estate residential with only a local street as a physical separation. However, the tennis facility could act as a meaningful land use buffer between these potentially incompatible uses, without significant detrimental effects to either, if proper development standards are insured. In addition, the developer has indicated that the site improvement expenditure is anticipated to be in excess of $500, 000. A quality developvwnt such as this will serve as a stimulus for higher. quality developments on surrounding sites and will also greatly improve titer street scene from Goldenwest Street. In conclusion; the tennis facility can be considered compatible with either a residential or industrial land use designation and can in fact make the anticipated long range land uses more :compatible with one another. 4. 3 Conditional Exception No. 75-29 is a request to allow a six (6) foot masonry wall to encroach 25 feet into the required 40 foot setback. The wall is required security fencing around the pool area. The Planning Cor .iss: on in its consideration of this request should review the necessary criteria as contained in Section 9 32 of the Huntington Beach Ordinance Code. This section is attached for the Commission' s review. 5. 0 RECOMMENDATION: Based on the above analysis , the Staff recommends the following: a. Should the Planning Commissi:n approve Conditional Exception No. 75-'29 , the Staff recommends approval of Conditional Use Permit No. 75-12 based on the following findings and subject to the following sug- gested conditions. 419 • • C V f 1• CITY CIF HunTinaon BEACH • ,� P.O. BOX 190, CALIFORNIA 92648 PLANNING DEPT. (714) 536-5271 TO: Honorable Mayor and City Council FROM: Planning Department DATE: November 3 , 1975 ATTN: David D. Rowlands, City Administrator I RE: CONDITIONAL USE PERMIT NO. 75-12 : APPEAL TO APPROVAL The City Council at its meeting of October 14 , 1975 held a public hearing on an appeal to the approval by the Planning Commission of Conditional Use Permit No. 75-12 . The application is a request to establish a private tennis facility on the southeast corner of Goldenwest Street and Ernest Avenue. During the public hearing, a Mr. Thomas Whaling orally presented a number of legal and planning arguments challenging the appro- priateness of the Commission ' s approval action . Mr. Whaling sub- sequently submitted these points of contention, to the Planning Staff for review. The staff in conjunction with the City Attorney' s office has prepared a response to each issue and are listed below: 1. Violations of Government Code Sections 65854 and 65905 : S. 65854 requires that notice of public hearing be published once in a newspaper of general circulation prior to a Planning Commission ' s action on any zoning ordinance or amendment thereto. A conditional use permit is not an amendment to a zoning ordinance and thus the cited section does not apply to the procedure in- volved. However, assuming that it. did apply , it should be pointed out that public notices of the Punning Commission ' s and City Council ' s hearing on the proposed use were published in a newspaper of general circulation thus complying with the Govern- ment Code requirement. S. 65905 requires that notice of hearing on a conditional use permit be given by notice through the United States mail. The procA�,ure for mailing or post;ng shall be governed by the pro- visions of the local ordinance . The Huntington Beach Ordinance Code requires such mailings to parsons awning property within. a 300 foot radius of the subject site. Upon review of the certified mailing last, two discrepancies were discovered. One property owner aid not receive any direct notice, and another property owner received notice through his wife since she was listed as the owner in a man and wife situation . -Page 2 The staff has corrected this notification error and reocheduled the appeal for the November 3 , 1975 City Council meeting. 2 . Violations of Government Code Sections 6590.1 , 65906 and ti1855 . S. 65901 grants cities the prerogative of creating a Board of Zoning l-•.3justments or toning administration for deciding apFii- cations for conditional uses or other permits and establishes criteria for datermininr, such matters. The Huntington Beach Crdinance Code through S . 9810 has created a Board of Zoning Adjustments , however, the Planning Commission has been designated as the reviaawing body of conditional use permits. S. 65906 establishes the criteria for the granting of variances from the terms of a zoning ordinance. Mr. Whaling evidently asserts that the allowing of a tennis facility in an industrial area amounts to the granting of a variance since such use was r.nt expres6ly autho- rized by the zone regulation governing the subject site . Upon review of the Huntington Beach Ordinance Code, such land uses are designated as unclassified uses and under the provisions of Article 933 , a private recreational use is permitted in all zoning districts except the following special districts , Al , SP-1 , and S1. The intent and purpose of this article is to establish a procedure whereby certai*t uses that possess characteristics of such unique and special form as to make imprac'#"-i.:al their automa'.ic inclusion within any class of use specified for a district. The location and operation of sul:n uses is thus subject to approval of a conditional use permit and does not constitute a granting of a land use variance. S. 65855 requires the Planning Commission to render its decision to theTegislative body and it reasons therefore , on any proposed ordinance or amendment to any existing zoning ordinance . It also requires that the rela4ionship of the proposed ordinance or amend- ment to applicable general and specific plans be indicated and transmitted to the legislative body. Conditional Use Permit No. 75-12 is not an amendment to the zoning ordinance nor has any indirect effect on existing ordinance provisions. 3 . violations of Section 9833 of the Huntington Beach Ordinance Code . S. 9833 requires the Planning Commission to hold a public hearing relative to the proposed conditional exception, and that findings in support of and relevant to the hardship standard must be made . In conjunction with the conditional use permit, Conditional Ex- ception 11o. 75--29 was filed. It was a request to allow a six foot fence to encroach into the required front yard setback. it pubic hearing wr,,s held on this request by the Planning Commission on August 19 , 1_975 and the request was approved with the following findings : F'NDINGS : 1 . The circumstance of two different zoning designations and sub- s::quently two different sets of setback standards , provides for a difficult site layout and would result in a haphazard development . Page 3 2. The required setback on Goldenwest Street only requires that ter. (10) feet be landscaped. The minimum that the development proposes is fifteen (15) feet with as much as twenty-five (25) feet thus exceeding the mandatory lands^aped area. 3 . The surrounding properties are either vacant or marginal industrial uses and will not be detrimentally affected by the wall and court fencing encroachment. 4 . The tennis complex is an unclassified use; as such it does not have specific development standards. it is more difficult for such a use to meet the setbacks due to the nature of the fencing requirements normally not required for a typica'. industrial use. Thus , the requirement for mandatory Findings under S. `�833 of the Huntington Beach Ordinance Code has been complied with . 4 . Violation of Public Resources Code 21000 and applicable City Ordinances requiring Environmental Impact Reports. Article 972 of the Huntington Beach Ordinance Code specifies tha procedures for an environmental review of all proposed develop- ments within the City of Huntington Beach, On July 10, 1975 , the applicant filed N?gative Declaration No. 75-35 as required for the o 'proposed pr 3ect. The Environmental Review Board upon termination of the required ten (10) day posting period, granted the negative declaration having found that the proposed project will not have a significant adverse effect upon the environment. There was no appeal filed within the ten (10) day appeal period to the Board ' s action. 5 . Violation of Government Code Section 659(, 3 . S. 65909 Prohibits local governmental bodies from requiring the edication or improvement of land not reasonably related to the use of the property for which the approved permit was granted. The Planning Commission in its analysis and consideration of the proposed recreational facility, felt that a full street section on Ernest Avenue would provide for safer and a much improved form of access from Goldenwest Street to the subject property. The additional dedication and improvement involves property on the north side of Ernest Avenue directly adjacent to the site. The applicant did not own or control this property at the time of Commission approval, but did agree to the condition and concurred that it would improve the circulation to and from the facility. The condition is reasonably related to the proposed use. it should be noted that this condition is for the length of the site on Ernest Avenue. G f r�- i • Page 4 6 . Planning Commission deletion of a recommended condition of approval. The Planning Staff had originally recommended that a parcel map be filed to accomplish a lot consolidation of the four ( 4) parcels involved on the site. However, the Planning Commission determined that it would cause undue hardship to the applicant based on the immediate method of use of the land, and thus , with the staff ' s concurrence , deleting the condition. The requirement for lot con- solidation is nothing more than a housekeeping procedure and can in fact be accomplished over a period of time. 7. Mr. Whaling has also contended that the proposed use will be in- compatible with the existing industrial uses . The Planning Staff analyzed and considered this issue, as well as the compatibility with other land use potentials of the general area, in the original staff report to the Planning Commission. This report, as well as the original transmittal. , is attached for the Council ' s review. Z ectfully submit d ard A. Harlow Director of Planning and Environmental Resources RAH:JI1C:gc e i Afi&layit of PLOlication scat-,d: Calitorni, Counts of Orange � Ss City of Huntington Beach George Farquhar, being duly sworn on oath, says: That he Is a citizen of Lhe United States, over the age of twenty-one years. Tait he is the printer and publisher of the Huntington Beach mwA, a weekly newspaper of 7enerrl circulation printed and pub- lished in Huntington Beach, California and circulated In the said County of Orange and elsewhere and published for the dissemination of local and other news of a general character, and has a bona fide subscription list of paying subscribers, and said paper has been established, printed and published in the State of Callforn,in, and County of Orange, for at least one yerr next before the publication of the first insertion of this notice: and the said neiti•spaper is not devoted to the interest of, or published for the enter-Lainment of any 1iOTiC ,tl f{II .fC'iLt` tNM. particular class, profession, trade, calling, ram or denomination, or APPM TO TOR AJ"QYAL Of - any number thereof. COMWTI011AL Ut["INT NO.*18 The Huntington Beach New %ms adjudicated a legal newspaper H0TWA l3 mogi y 0lrilii.tirt a Pub- of general circulation by Judge G. K. Scovel in the Superior Court 1;C hwsri"L snip be tdrf W-MW of Orenge County, California August 27th. 1937 by order No. A-5931. Opwxa of C(h► of Hwpti►1p011 Ms�db. 1" on cwncii Cheinw, of-3hs 'Civk COVIW. Hui+ti►yi0a Mach, sir tho how That the ARE:-:AL 10 T F , �r i�T�(�V_Q I� ._ ______. o1 1A P.M, ar as iodn tN.t,oftW.ae Ou toUor. ills, i� "10•P,woom of a" m 1166i R N1 OF" to &A si b (,��tti U I T I n N A L it c n F P.t,I 21 n. 7` � the city rimular commlis ae*• of which tic arnexeL is a printed copy, was published in said news. d(UGOVI Ute ibrrrrst No. 71•1t 64069 iK, to o wH*t a W416 sad $*in dw that will , Provide 30ch: fkwo f paper at least o t1 e Issue --- - — is immmia! p�oM, 0WN@ * MIF *W, b ear. fa i t s; W and tic I"PAUss. Tho 9010 P+'esis►iy. is .W1. ccmunencing from the 2 5111-_ day of E'r�P.fit;f'2• . its"0n the >wkhsast'oorlw,of _ writ SV#d'&W. ' A"We W taroQ'Mi•�.SO ( 10 'h+&sbfN ld th! 5 $C L H,Ti�:f'I' Civic aistmu,am N .p,rp ( 19_�" and ending on the 1 h day of 1 _ _ pd�irlcj comD!nrd Ac # In` tP,i .Civic kx*WL A siii f�l:'a+�t Wim 'descrlpum &IN.•on tfti M. 11K 19 '1-- , both days Inclusive, and as often during said period and PsPAa rd Wm_ 00im times of publicriticn as said paper was regularly Issued, and in the An _iabr+tloA W0"3 � ^"h!'! regular and entire issue of said pewspaper proper, and not in a "� {d ' ' + ' supplement, and said notice was published therein on the following dates, to-wit: fuNWgot Se rt 25 ltrhr�altel�}, i M' f I'm tt p1iN:o1.11R { 1r t W. ,r r PubllshEr Subscribed and sworn to before me this day of 3e]itember tiles..' '- L L''��'L� _ Notary Public Orange County, California .__ti_..-THOMAS D. WYLLIE i Noi�ry ►vLtic•Gel:lr .re ; 1 * O,taye Gotrn►Y i !i Mr Cc•�+�rt,��•� ENor If&t 1 /. ____._.__ SepIet,ihr 12. It)1 i -------»---• --------- (ITY OF Hunflnuon BEACH P.O. BOX 190, CAL!rORNIA 92646 PLANNING DEPT. (714) 536-5271 TO: Honorable Mayor and City Council FROM: Planning Department DATE: October 23 , 1975 ATTN: David D. Rowlands, City Administrator RE: Conditional Use Permit No. 75-12 The City Council at its meeting of October 13, 1975 , held a public hearing on the above referenced application. During this public hear- ing process, a number of questions were raised by legal counsel representing several citizens in opposition to the proposed use. The first question raised the issue of adequacy of the legal notice for the public hearing. The Planning staff has researched the file and discovered that one property owner did not receive the proper notice. The staff has therefore readvertised the public hearing . and sent new notices of public hearing to all property owners within a 300-foot radius of the proposed site. The matter has been rescheduled for City Council consideration on November 3 , 1975 . There were a number of other questions addressed to the Council and which have subsequently been made available to the Planning staff. The staff, in conjunction with the City Attorney ' s office, is in the process of researching and analyzing these points of issue and will prepare a response for the Council ' s meeting of November 3 , 1975. Respectfully, tuo�,� Richard A. Harlow Planning Director0e)^0"4A_f RAH:JMC:df r Y� �`ni'.Lr;k{� �j�'" CI° 15..J' '"'f7. � i'. r f• .7�.r.�':r•-i' t .t f ! .. , 4 a \ . h *fr � 1. t t•{ 'r x � .t ' f r r t+ "!•, l �• ` rIT CITY, t , 1NTER;DEPARTMMT tOMMUNICA'T'1' ,' Ml.1IviPVf.TU��kACht c :I :To + . c aj Weritwor h From Dick Harlow, Subj r .LEGAL NOTIP1dAT1O1% 'OF. Date Qctober 1c 1975 ..CONDITIONAL USE PERMT.T ND. 75--12 You are hereby requested to readvertise the public hearing for ,the above referenced application on November 3, 1975. This renotification is necessitated by a clerical error in the original notification process whereby one property owner was not notified. :: RAE:ja City Of HILM gt ' �+��e�. µRYo� Norms 6randel CiIbF» a COUNCIL MEMiEns P.0. Box 190 + 2000 MAIN STREET • CALIFORNIA 02r640 7Avin M.C0*n HenK #{y Jerry H.Matney uke Jnry A. Matn�y Donald D.Shipley RC/r�I Harriett M.Wieder 4 h i September 17 , 1975 TO: City Clerk FROM: Jerry A. Matney SUBJECT: CONDITIONAL USE PERMIT NO. 75-12 I Pursuant to Section 9842 of the Huntington Beach Ordinance Code, I hereby request in writing a h-L riiiq before the City Council to consider the approval decision by the Plenning Commission of Conditional Use Permit No. 75-12 at the September 16 , 1975 meeting . Jerry A. Matney C6uncilman JM:ja c t Y V I r ; CONDITIONAL EXCEPTION NO. 7 5-•2 9 CONDITIONAL USE PERKIT NO. 75-12 Page 4 b. Should the Planning Commission deny Conditional Exception No. 75--291 the Staff recommends that Conditional Use Permit No. 75-12 be continued so as to allow the applicant the opportunity to submit revised plans showing conformance to the required yard setback. FINDINGS: 1. The proposed use is compatible to surrounding uses presently existing, and will be compatible with the long term uses resulting tram implementation of the Land Use Element for the area. 2. The proposed plan is in substantial conformance with applicable provisions of the Huntington Beach Ordinance Code. 3. The proposed recreational facility will be both compatible and complementary to the recreational and open space character of the general area. 4 . Private recreational facilities are unclassified uses and may be allowed in any district. The proposed industrially zoned property does provide a compatible location for the use with surrounding prgpert.ies CONDITIONS : I � 1. The conceptual plot plan received July 14, 1975 shall be the approved layout. In its approval action the Planning Commission considered the following issues relating to the conceptual plan : Traffic circulation and drives Parking layout Lot arear width, and depth Type of use and its relation to property and improvements in the immediate vicinity. The conceptual klan is reviewed as a basic request for entitlement of the use applied for in relation to the vicinity in which it is proposed. The conceptual plan should not be construed as a precise plan reflecting conformance to all ordinance code require- ments. 2. Soil Reports as required by the Department of Building and Community Development and the Department of Public Works shall be submitted to such departments prior to the issuance of building permits 3. Prior to final inspection for the use, a landscape plan depicting plant type, size, location, plan for irrigation, and t'creening walls For the parking area shall be submitted to the planning Department for approval. Said landscape plan shall include 24 inch box trees planted 10 Et. on center for the . area lor.tted between the south property line and the tennis courts, and the vast property and the handball courts. CONDITIONAL EXCEPTION NO. 75-29 CONDITIONAL USE PERMIT NO. 75-12 Page 5 4. The water, sewer, and fire hydrant system shall be approved by the Department of Publir. Works and Fire Department. 5. No structure, other than those shown an the approved plot plan, shall be constructed. 6. On-site lighting for the tennis courts shall be subject to approval by the Department of Building and Community Development. Said lighting shall be reviewed for effects on traffic safety, and possible Public Utilities Commission restrictions on outdoor lighting facilit4 ,:s. There shall be no night lighting of the tennis courts past 11: 00 P.M. unless provisions are made in the ` lighting system to minimize the glare or adjacent properties . These provisions shall be subject to approval by the Department of Building and Community Development. 7 . Use of the coffee shop and cocktail lounge facilities shall be restricted to members of the tennis club. 8 . Golder vest Street shall be dedicated and fully improved as required by the Department of Publi.r, Works. 9. Ernest Avenue shall be provided with a full street section for the length of the site frontage on this street. Full improvements i shall be provided prior to final inspection for the use. 10. Prior to final. inspection, a six (6) foot high by six (6) inch wide solid masonry wall shall be constructed un the south property line. 11. The existing overhead utility lines on Ernest Avenue shall be placed underground. 12. Prior to final inspection, a tentative parcel map shall be filed to consolidate the lots invo1a4d on the project site. 13 . A revised plan shall be submitted showing a centralized driveway for access to the parking area. Said driveway shall be located approximately 175 feet east of Goldenwest Street. JMC: ja 00"NIN ,VWa'!T OTAMI _. 4 'ell tt lit 1 ' tLL Ir i 1 H, 7( H Cr LEVIN CLUB cow o C= . ' � 1 PA-0 WL RA-04D • rFla ICI -0 _J cn Fa- CONDITIONAL USE PERMIT NO, 75-12 �f ZONE Ml-O-CD AND MI-A-CD i L enviROMEMAL REVIEW BOARD / CITY OF HUNT14MON BEACH•CAf. FORMA P.O. Box 190•"64 TO- Planning Commission FR;M: Environmental Review board DATE: July 29 , 1975 SUBJECT: Negative Declaration No. 75--55 (C.U.P. 75--12) APPLICANT: Huntington Tennis Club, Inc. PROJECT: Proposal for construction of a private tennis and swim club LOCATION: Located at Goldenwest Street and Ernest Avenue, Huntington Beach The Envi?:o=ental Review Board, at its meting of July 29 , 1975, ranted the above negative declaration, having found that the proposed project will not have a significant adverse effect u on the ,physical environment . __.�. No environmental impact report has been prepared for this project. Findings are based upon the information contained in the negative declaration request form, discussion by this Board, and the follow- ing recommendations : 1. If the developer priposes to provide air conditioning, the in- sulation in ceilings and exterior walls shall be a minimum of R-19 and R-11, respectively. If no air conditioning is to be provided, insulation in ceilings and exterior walls shall be a minimum of R-•13 and R-7 , respectively. 2. All building spoils, such as unusable lumber, wire, pipe , and other surplus of unusable material. , shall be disposed of at an offsite facility equipped to handle .`_hem. 3. Natural gas and 220V electrical shall be stubbed in at the loca- tion of clothes dryers, and natural gas shall be stubbed in at the locations of cooking facilities , water heaters , and central heating units. a. An engineering geologist shy.-1 be engaged to submit a report in- dicating the ground surface acceleration from earth movement for the project property. 5. All structures proposed for construction within this subdivision shall be constructed in compliance with the g--factors as indi- cated by the geologist's report. 6. Calculations for footings and structural, members to withstand anticipated g--factors shall be submitted to the City for review. 7. The use of high•-pressure sodium vapor lighting or its equivalent should be investigated. C.U.P . 75-12 July 29 , 1975 Page 2 �: The installation of. solar or solar-assisted heating units for the purpose of pool heating should be investigated. 9 . A parcel map should be filed to consolidate the lots involved in ti:p project area. CIL ILL• Melt' r: A. ricsoker, Acting Se . ary Environmental Rev' ?w Board :dr Huntington Beach Plano. g commission �i� � �- ter ►�. .r•r.w�.....�r+r-.n♦+.rw+�+r..rr�.r.r.�. r.i••r .r.r .-y.+....r.r•�.r..,p..►rnI'r✓�r�' P 0. BOX 190 CALIFORNIA 92648 CON 1)I'VIONAL USE PERMIT NO. 75-- 1 2 APPLTCANT: 'Perry D. Agyers ill 701 E. 28th Street: Signal Hill , Calif. . 90802 REQIIEST: To permit the construction rind ,peration of a swim and tennis club located r-n Lhe southeast corner of Ernest: Avenue and GoldetiwesL S► reet. DATE: September 16 , 197.5 P1NDINGS : 1. . The proposed use is compatible to surt-oicidi.ng uses presently existing, and will be compatible with the long ni uses resulting from im- plementation of the Land Use Element: i cl: the area. 2 . The proposed plan is in substantial .*ou ►rmance with applicable pro- visions of the Huntington Beach Ordinant Code . 3. The proposed recreational facility will i ,e both compatible and comple- mentary to the recreational and open spit:•e character of the general area. i 4 . private recreational facil i tie,3 are unclassified uses and may be allowed in any district. The proposed industrially zoned property does provide a compatible location for the use with surrounding properties. . a CONDITIONS OF .APPROVAL: 1 . The revisers conceptual plot plan received September 8 , 1975 shall be the approved Layout . In its approval action the Planning Commisdion considered the following issues relating to the conceptual plan : Traffic circulation sand drives Parking layout . Lot area, width, and depth . Type of use and its relation to propert and improvements in the immediate vicinity. The conceptual plan is reviewed. , as a basic, request for entitl,eAwnt of the use applied for in relation to the ' vieinity in which it in proposed. The conceptual plan Phould n7t. be Construed as a precise plan refle' ct:.ing conformance to all ordinance code regnirements.. ' f .S CONDr'1'iONAL USE PERMI& 7 5--12 Pa§6 2 " • Sail Reports as reyttired by thu Depart:m, nt of Building and Community Development and the Department of Publi, Worts shall be submitted to such departments priorto the i.ssuarncc s •f bis i lding permits . 3. Prior to final inspection for the use , ,, landscape plan depicting plant type , size, locr.tion, plan for irrigation, and method of screening for the parking area shall be submitted to the Planning Department for approval. 4 . The water, sewer, and fire hydrant system shall be approved by the Department of Public Works and Fire Department. 5. No structure other than those shown on the approved plot plan shall be constructed. 6 . On-site lighting for the tennis courts shall be subject to approval by the Department of Building and Community Development. Said lighting shall be reviewed for effects on traffic safety, and possible Public Utilities Commission restrictions can outdoor lighting] facilities . There shall be no night lighting of the tennis courts past 11: 00 P.M. 7 . Use of the cocktail. lounge facilities shall be restricted to members of the tennis club. I S. Go.ldenwest Street and Stewart Street shall be dedicated and fully improved as required by the Department of Public Works. 9. Ernest Avenue shall provide for a full street section for the length of the site frontage on this street. The: south half shall be fully improved and the north half shall provide for an additional travel lane. The design of the improvements shall be as approved by the Department of Public Works. 10. Prior to final inspection, a six (6) foot high by six (6) inch wide solid masonry wall shall be constructed on the south property line. 11. The existing overhead utility lines on Ernest Avenue shall be placed underground. 12 . The developer shall participate in the local drainage assessment district. 13 . Tt,e developer shall parti.cipate in the Orange County Sanitation District 03 Sewer Annex District. 14 . Special uses of the complex, which are open to the general public, shall require approval of a special event permit by the Board of Zoning Adjustments to insure sufficient off-street pa-..,king for the clients. 15 . No outdoor public address system shall be permitted. �t: CONDITIONAL USE, PEILMI ' NO. 715- 12 1.6 . The use shall be sub-ic-ct- to roviv-w by he 1'lanniny commission in two years from the date of ;approval fo possible, impact on adjacent Uses . I hereby Z.:ert i fy that Cond i t i Ona 1. Use Pe rad , No. 75- 12 was approved by the Planning Commission oL Chc City of N•.iit ingt•on Beach on Sep- tember 16 , 1975 upon Lhe rorego Lng cond i t; io:i:; . i Richard A. Harlow Secretary RAH: ja �I ado, j6 publitk Pos tcard►# WMICE OF MILIC HARING APPEAL To Appm-Va„g„ C�O1WJT12L.USE; PERMIT NO. 75-1.2 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Rwtington Beach, in the Council Chamber of the Civic Center, Hunttnaton beach, at the hour of 11,go I P. M. , or as Lanza thoreaEter as possible , an the ,,_,, 3r„ -.- - , day of Nov nber 1975 , for the purpose of corisiUring an appeal to the approval by the City Planning Commission of Conditional u4e Permit No. 75--12 requesting to construct a tennis and swim club that will provide such facilities as swimsaing pool, cluohouse, pro shop, locker facilities, axed Lounge and bar facilities. The subject property is � loce.ted on the southeast cornct of Goldenw©st Street and Ernest Avenue and is zoned Ml-A-CO (Light Industrial in thu Civic District) and MI-J--CD (Industrial District Qowbined with oil production in he Civic D+strict) . A site plan and legal description are on file in the Planning Department Office. i All interested persons are invLtod to attend said gearing and express their opinions for or against said Est, Further inforowtlon soy be obtained frce tho Offtee of the City Cl*rk . II►T D : October 20 xo7S CCI TfF OV� Wl1'I"I ' Y VACH Y: Alicf.s M. Wentworth City Clerk 416 ...� Pos tc arcs S - '" ,M,,... r " SE PEMIT N0. 75-12 i WYTICZ IS MRSBY CIVEN that a public hearing tei11 be held by the . ity Council of the City of Huntington beach, in thr Council � Chamber of tho Civic Center, Mmtington Beach, at the hour of 7....zQ0. P.N. , or as soon thsreafter 4* poaaible , on amend v. ,-?- the � 4 day of �.�� v 19 7, for the a of emsidering an appria►l to the approval by the city vi:tnaing Comission of Conditional use Permit No. 75-12 requesting to construct a tenniu end swim club , that will provide such facilities as swung pool, clubhouse, pro shop, locker facilitiees, and lounge and bar facilities., Tho subject property is located On t`ye southeast cornerf a Goldenwest Street and Ernest Avenue Mnd is xonwd MI-A-CD (Light Industrial in the Civic District) and MJ-O--CD (Industrial District combined with o i 1 productiata in the Civic District) . A site plan and legal description arson file in the Planning Department Office. i I f r All interostod persarts arse invl.ted to attend $aid hearing and express their opinioae for or against u&1d � . Perx4t. � J� f'urtber lnfonotion scar be obzalmW frow the offiao of the City J OAM CITY wmtv" "MR itcfGX irk +sutxh ' r y CONDITIONAL U1SA,,,Pj;RMIT NO Applicint: ` •r.1•frf r- :.r►f•If/1.If.f►►ff•••ff/••••r.•:.*too.•f••••►•............1.•......•../..../r.....• .. . •. aaLiory ;C3• - Aggers III ` t66 E. ocean Blvd. '#1102 .Lang Beach, Calif. 90802 111--120-01 gc 111-120-02 gc 111--120••06 gc Harry Cohen Flo Flo E. Roche Linda L. Thomas 6450 Olcott St. i ?204 S. Greenville 19782 Scenic Bay Lane Tujunga, Calif. 91042 Santa Iona, Calif. 92704 Huntington Beach, Calif. 92648 111-120-0a gc 111-120-24 gc : 111-120--25 gc J M Painting Contractors John A. Thomas Lester R. Peterson 17371 Irvine Blvd. 19782 Scenic Bay Lane 311 Walnut Ave. 'Tustin, Calif, 92680 Huntington Beach, Calif. Huntington Beach, Calif. 92648 ; 92648 111-120-26 gc 111-120-27 gc 1 1' r-110�-01 gc Elmer E. Goetsch Mitchell Land & Improvement CvBruce: `' 610 Main St. 1965 Long Beach Blvd. 18792 S Greer Huntington Beach, Calif. Lon Beach, Calif . 90806 18792 Stewart St. g 9 Huntington Beach, Calif. 92648 92648 I\....•I.••......1•.• . .. . . . . . . .. .. . •. .....• •..•. ..•... . ... . 111-110-04 ?c : 111-072-04 gc 111-072-21 gc Gaston E. Rueff : Huntington Beach Company Charles B. Vavra i 306 S. Spalding Dr. 225 Bush St. 18736 Golden West Beverly Hills , Calif. San Francisco, Calif . Huntington Beach, Calif. 90212 94120 32648 110-220-02 ge 110-220-03 gC 110-211-�OS gc Bruce C. Armstrong Dawson Industries Vetera s of Foreign Wars Michael J. Garan 18851 Goldenwest St. H.B. Post 7368 Inc. 1775 E. Lincoln Ave. Huntington Beach , Calif. Anaheim, Calif. 92805 92648 P.O. Box 244 Huntington Beach, Ca02648 •f.... . . ., .. /..........................{..........,,....Q. ..1.1.......f 1 1.1 .a I a 1..... :. ...../\ .1 .1.1 . . . . . . 110-211--06 4c ; 110--220-04 g�: John F. Thompson Pacific Lighting Gas 727 Williams .Ave. Supply Co. Huntington Beach, Calif. 18791 Goldenwest St. 92648 Huntington Beach, Calif. 92648 Orange County Flood Dist. Dept. of Transportation O mige County Sanitation Dist. P.O. Box 1078 120 So Spring St. Ft-ed A. Harper, Gen. Mqr. Santa Ana, Calif . 92702 Lr,s Angeles, Calif. 90052 P.O. Box 8127 Fountain Valley, Calif. 92708 Huntington Beach Union Huntington Beach Nigh .School District Elementary School. 1902 17th Street : Box 71 Huntington Beach, Calif. Huntington Beach , Calif. 92646 92648 •I... . . ./....•.r.......r....i . .. • � i .. . . . . r • . r • Publish T1W .7S_ Pos tc ards 26 I KMLIC RtUtNG APP USE PERMIT NO. 75-12WEPW c WTICE IS HEREBY GIVEN that a public hearing will be held by the !City Council of the City of Huntinjton Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of o , P,M. , or or soon th*raaftar as pose ible, on y, the Gth clay of October 19, 5 , for the purpose of considering an appeal to the approval by the City Planning Covmission of fConditional Usa Par,�f.t No. 75-12 requesting to construct a tennis and swim club i that will provide such facilities as swin dng pool, clubhouse, pro shop, locker facilities, and lounge and bar facilities. The subject property is located on tha southeast corner of Goldenwest Street ,and Ernest Avenue and is zoned Ml-A-CD (Light Industrial in the Civic District) and M1-0•-CD (Industrial District combined with oil production in the Civic District) . A site plan and legal description acre on file in the Manning Departav�nt Office- All Interested persons are invit*d to attend said hearing and express their opiniow for or 4ainst said wal NIL P,erntt. Furehkir information sine be obtala*d from the Off Lee of tbg City Clark. VATIM: 8 975 ICI". CW 1 �IR'I� SWU ►: I ais X. W44taorth ty G l*i* , N u m b c r u"F*: Jxb�c erpts 20 ,Publish Once LEGAL NOTICE NOTICE OF PUBLIC: HEARING CONDITIONAL USE PEPYSIT NO . 75-12 7��--2-�---- NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Planning Commission of the City of Huntington Beach , California , for the IIUrpose of considerin�tConditi.onal Use Permit N o. 7 5-12 t" vci`"`t.- ffir fit of a tennis and swim club that will provide such facilities as swimming pool , clubhouse , pro shop, locker facilities ,aiG��Mr -and- lounge and bar facilities . The subjr.ct property is located on the southeast cover of Goldenwest street and Ernest Avenue and is zoned Ml-A-CD (Light Industrial in the Civic District) and Ml-O-CD (Industrial District combined with oil production in the Civic District) . Gen it�'tstia --Exeegt :©rr-NQ: 5-�9--ie--u- requr�s�' to'aTl ow a Z-5- -ft::`-en- c,r.�aac�'� gent-into--the_.reguised_qG� f.t�-£xc�nt y�rcl-setiiack--as-requi-red b --S: 513:3- f--the Hunti-ngtan�each�-flrdi narica-Cc�+de - -The---en-c=a-chment i-nvo-fives-*--a x---4.6 Y--£-t,--M-gh--.masonryy--wal-l--eir-r-oundir':g--the-prapeBed -z"inuttiln-7-pco-1:7 A site plan anri legal description is on file in the Planning Department Office. I I I Said hearing will be held at the hour of 74-00 P.M. , on August 19 , 1975 in the Council Chamber Building of the Civic Center , 2000 Main Street , Huntington Beach , California . All interested persons are invited to attend said hearing and express their opinions for or against the proposed Conditional Use Permit No. 75-12 and Conditional Exception No. 75-29 Further information may be obtained from the City Planning Department . Telephone No . (714) 536-5271 DATED this 7th day of Atigust, 1�975+M. CITY PLANNING COKMISSION r 8y. MAM '" Richard A. Harlow i• .CU?' ?:5-12 - APPLICANT: OWNER'S Harry D. �iggere, III Colstadt Company Decateur Mitchell 1742- Main St. 1965 Long Beach Blvd. 566 E. ocean Blvd. #1102 Huntington Beach, Calif. bong Beach, Calif- rib ng Beach, Calif. 96802 111-120- 01 ge 111--120--02 gc 111-120-06 ga. Harry Cohen Flo Flo B. Roche Linda L. Thomas 6650 Olcott St. 3204 S. Greenville 19782 Scenic: Day Lane Tujunga, Calif. 91042 Santa Ana, Calif. Huntington Beach, Calif. 111--120-08 gc 111-120-25 gc 111-120-26 gc J M Painting Contractors Lester R. Peterson Elmer E. Coetsch 17.371 Irvine Blvd. 311 Walnut Ave. 610 Main St. Huntington Beach, Calif. Huntington Beach, Calif. Huntington Beach, Calif. 111-120-27 ge 111-110--01 gc 111--110-04 gc Land 4 Mitchell Bruce L. Greer Gaston E. Rueff Improvement Co. 181, 92 Stowart St. 306 S. Spalding Dr. 1965 Long Beach Blvd. Huntington Beach, Calif. Beverly Hills, Calif. Long Beach, Calif. 111-072-04 ga 110--220-02 gc 110-220-03 gc Huntington Beach Co. Bruce C. Armstrong Dawson Industries 225 Bush St. Michael J. Garan 18061 Goldenvest St. Saxe Francisco, Calif. 1735 E. Lincoln Ave. #201 Huntington Beach, Calif. 94 120 Anaheim, Calif. 110-221-01 gc Robert C. Mize Jr. Marjorie M. LeGaye 1666 N. Main St. #300 Santa Ana, Calif. • • 1 • • •..! . .r.••.•.•••.... ... . • . • ..•• •••.• •.,.. •. . r .. •.• . . ; Orange County Flood Dist. :. Dept. of Transportation Orange County Sanitation mist. P.O. Box 1078 1.20 S. Spring St . Fred A. Harper, Gen. Mqr. Santa Ana, Calif . 92702 Los Ang,�les , Calif . 90052 P.O. Hoar 8127 Fbmtain Valley, Calif. 92708 • Hunitington Beach Union Huntington Beach High School District Elementary School ; 1902 17th Street : Box 71. Huntington Beach, Calif. Huntington Beach, Calif . 92646 92648 ` ` r PIF a'•'P tItJG ADMINISTRATIONS S . 9840 .i ARTICLE, 0.84 CONDITIOtiAL USE PERMITS (1563, 181,7 - 6/73) S. 9840 CONDIrInNAL USE PERMITS, INTENT AND PURPOSE. Cenditional use permits , revocshle, conditional, or valid for a time period , may be isGued for any use or purpose for whiclh a plan is required or permitted under the provisions of Division 9 of thn Huntington Beach Ordinance Code. The procedure contained in this article is directed toward insuring the best and most appropriate use of property, as contemplated by the Master Plan of Land Use. Such uses shall not be detrimental to the value of property or improvements, or to cne general health, welfare, safety and convenience of a neighborhood or the city as a whole. (1563, 1847 - 6/73) ' S. 9841 APPLICATIONS. The Planning Commission shall prescribe the form and scope of applications and necessary accompanying data. S. 9843 .1 FILING. Applications for approval of a conditional use permit ahall be filed with the Planning Department by the owner of the property or the property owner's authorized agent. If applicant is not the property owner, a letter from the property owner authcriwing the agent to act it: his behalf shall accomany ouch application. (1563, 1847 - 6/73) I� , S. 9841.2 FILING IEEE. At the time the application is filed the applicant shall pny a fee of two Hundred Dollars ($200) dollars. (1932 - 8/74) S. 9841.3 PUBLIC l3P.AItING. ILfter notice is given, pursuant to provisions contained in Article 987, public hearing shall be held by the Planning Commission, prior to taking action on any conditional use permit application. (1563,1847 - 6/71) S. 9841.4 DENIAL BY PLANNING CtRt.*fiISSION. The Planning Commission may deny any application i.f it finds any one of the following: (a) That the proposed use has a detrimental effect upon the general health, welfare, safety and convenience of persona residing or working in the neighborhood, or is detrimental to the value of property and improveminto in the neighborhood; or (b) The proposed use is not contemplated under. the Master Plnn of Land Use; or (c) The proposed use is not compatible with existing or other proposed uses in the neighborhood; or (d) The location, site layout, and design of the proposed use does not properly adopt tha proposed structures to streets, driveways, anti other adjacent structures and uses in a harmonious manner; or (e) Tho:. combination and relx:tiouahip of one proposed use to another an a site are not properly integrated; or (fj The accepts to and parking for the propoa';l use creates an undue traffic problem; or I I ►►! 0 S. 9841 4�g) ADMINISTRATION PI. MING , (g) In the case of a conditional use permit application for a planned residential development, the development does not conform to the provisions contained in Article 9.11. ( 1567, 1847-6/73) (h) That the proposed use will cause substantial environmental damage after all reasonable mitigating measures have been considered to minimize the adverse environmental impact of such proposed project, unless such substantial environmental damage together with all mitigating measures is outweighed by substantial benefits to the community. (1890-1/74) S. 9841.5 CONDITIONAL USE PEW IT APPROVAL. The Planning Commission may approve an application for conditional use permit when it finds that the plan will substantially comply with the requirements of this article , the Master Plan of Land Use, and the development standards for the particular use. The Commissi.on may also conditionally approve such application for a conditional use permit and attach such conditions as it may deem necessary to secure compliance with the provisions of Division 9 and this article. A guarantee and evidence may be required that such conditions are being or will be met . (1563 , 1847-6/73) S. 9841.66 HEARING DATE CONTINUANCE. The planning Commission may continue the � hearing from time to time, provided, However, the public hearing or hearings shall be conducted within sixty (60) days after the .first public hearing. S. 9841.7 FINDING OF FACT AND DECISION. In granting, modifying, or denying a conditional use permit application, the Planning Commission shall specify the facts relied upon in rendering a decision. Said decision shall be made within sixty (60) days after the public hearing. (1563, 1847-6/73) II . S. 9841;8 FAILURE TO ACT. FailL .e of the Planning Commission to take final action on any conditional use permit application within sixty (60) days after final environmental evaluation has been completed by the Environmental Review Board, shall be deemed a recommendation by the Plaruiing Commission that such application be denied unless a continuance is agreed to by the applicant or his authorized agent. (1536, 1047 - 6/73, IIIJ22 - 8/74) S. 9641.9 NOTICE OF DECISION. Notice of the decision of the Planning Commission shall be mailed to the applicant within five (5) working days, excluding weekends and holidays , after such decision is rendered. S. 9841.10 EFFECTIVE DATE Ur APPROVAL. Conditional use permits shall not become effective for ten (10) days after tieing granted, and in the event an appeal is filed , or a challenge is issued by the City Council , said permit shall not become effective until a decision {9 made on such appeal. (1563, 184?-6/73) . 00 PLANNING ADMINISTRATION S. 842 S . 9842 APPF,AL TO OR CHALLENGE BY THE CITY COUNCIL. The applicant or any aggr ever!. party may appeal a ec s on or require- ment of the Planning Comm4ission to the City Council, and the City Co;incil or any member thereof may request in writing a hearing before the City Council to consider any decision, determination or requirement of the Planning Commission. S . 9842 . 1 Time Limit . All appeals or challenges shall be made witi,in en 6T-ffays following the decision of the Planning Commission . S . 9842 .2 Dorm and Content . Any appeal or challenge: shall be in wr tang, and s all specify, in detail, any grievance, error of decision, or requirement of the Planning Commission . S . 9 Report . The City Clerk shall report the filing of such not-ice of appeal or challenge to the Planning Commission . L gg42 .4 rili.n Fee. Accompanying any appeal shall be a filing ewe o�' S�Vventy-Five Dollars ($75 .00) . S . 98112 . ,i Notice of Time of He�aar__in__gg�. Any decision or requirement o ann ng .omm svn that is appealed to or challenged try the City Council or any member therof, shall be set for public hear-ing before the City Council by the City Clerk. Said hearing shall be held at the earliest possible regular City Council meeting, with public notification pursuant to Article 987 of this code . 842 . 5 . 1 Hearing Date Continuance . The City Council may continue the hearing from, time to time, and the City Council may refer the matter back: to th . Planning staff of the city for further report,, copy of which shall be made available without delay to the land- !.wner or his representative, provided, however, the public hearing ur h(*arings shall be concluded within sixty (60) days after the first publ. '.e caring . Action by City Council . The City Council may, after public: .�. tie a r nr,, affirm., r,- !erse or modify the decision of the Planning Cnmmission . Furthemo, e, the City Council may make any addi- t tonal determinatior .,r requirement- it shall consider appropriate within the limitations imposed by thi 3 article and the Master Plan of Land Use . 'Ph-? decision of the City Council shall be fintil . S . 9842.6. 1 Find i3: of Fact and Decision . In granting, modifying or eny .c, an appeal or c a` Tenge, the City Council shall spocify the facts relied upon In rendering a decision. Said decision ;;hall be made within sixty (60) days after the public hearing. • your it Decis=cn . Itotice of the decision , . 9f34:?.t� .? Notice of Cit _._.- -- is cie '.Z_Ty c 'c. s .al `Fie mailed to the applicant within ite ( �;) rcorki::b day, .r , excludi.:g weekends and holidays, after such decision is renderer. . i tam. . S. 9843 ADMINISTRATION PLAN ._„_.. S . 9843 Time Limit . Each conditional use permit authorized under the provisions . of this article shall become null and void unless actual construction has commenced within one (1) year from the date of final approval. (1563, 1847 - 6/73) , S . 9843. 1 Revocation for Delay -by City Council.. The City Cauacil may revoke any conditional use permit, except conditional use permits for planned ' t:.sidential developments, when actual construction has not commenced within a period . of six (6) months from the date of granting if changes have taken place which make the. proposed use or building conflict with the surrounding urges, the provisions of this article, or the provisions governing the district in which such use or building j is proposed. (1563, 1847 - 6/73) i S. 9843.2 Actual Construction Defined. For the purpose of Sections 9843 and 9843. 1 , actual construction means that construction has started and is proceeding without delay and with due diligence. Preparation of plans, securing financial arrangements, i.ssuanre of building permits, letting of contracts, or stockpiling of materials on the site, shall not constitute actual construction. S. 7 >, 984 Discontinued Use or Land, Building or Premises. When an use of land 3 3 , � Y building or premises, established under the provisions of this article, has been discontinued for a period of six (6) months, it shall be unlawful to use such land, building or premises again for such discontinued use until a new condi- tional use permit application has been approved. (1563, 1847 - 6/73) S. 9843.4 Extension of Time Limits. Upon written request by the applicant cr property owner, the Planning Commission may grant extensions of time under Sections 9843, 9843. 1 , 9843.2 and 9843.3, not to exceed one (1) year. S. 9844 Unlawful. Use. Any building or structure set up, erected, built, moved or maintained and/or any use of property contrary to the provisions of this article, and/or any conditions attached to the granting of any conditional use permit pursuant thereto shall be and the same is hereby declared to be unlawful and a public nuisance, and the duly constituted authorities of the City of Huntington Beach shall, upon order of the City Council, immediately comw=e action or actions, proceeding or proceedinGt, for the abatement, removal and enjoinment thereof in the manner provided by law, and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building, structure or use and to restrain and enjoin any person, firm or corporation from setting up, erecting, building, mov-ng or maintaining any building or structure or using any property contrary to the provisions of this article or the conditions attached to said conditional use permit . All remedies provided for harein shall be cumulative and not exclusive. (1563, 1847 - 5173) S. 9845 Failure to Cvtuply. Cer�.ifirate of Occupancy Withheld. Failure to abide by and to comply faithf"lly with any and all conditions attached to the granting of any conditirnal use pe rnit pursuant to the provisions of this article shall constitute grounde for revocation of such permit by the City Council. (1563, 1847 - 6/73) S. 9846 IlearinA. The City Council shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearit:g. . , ,.• 90 •PIMNING _ ADMINISTRATION S . 9847 S . 9847 Application after Denial.. When a conditional use permit has bee» denied, no further application covering the same or a similar use or plan shall be filed or considered within the period of one (1) year from the date of denial . (1563, 1847 - 6/73) S 9848 Certificate of Occupancy and Final Building Ins ection Withheld . No building permit shall issue in any case Where a conditional use permit, required by the tetras of this code, has been granted. No certificate of occupancy shall issue nor shall final building inspection be made until all tzrms and conditions attached to such conditional use permit are met. (1563, 1847 - 6/73) ill I 6/8/13 • h JA ' � City of Huntington Beach *. . ..�.�...�...............r....�,. ,= P.O. Pox too CALIFORNIA 900 OFFICE Or THE CITY CLERK October 7, 1975 I I � I �I Harry D. Pcgers III Huntington Tennis Club 666 R. Ocean Blvd. #1102 Long Reach, CA 90802 Dear Mr. Aggers: "'he City Council of the City of Huntington Beach at its regular meeting held Monday, October 6, 1975 continued the public hearing on the appeal filed to the approval of Conditional Use Permit No. 75-12, to an adjourned n►eeti.ng of Council to be held Tuenday, i October. 14, 1975 at 7:00 I .M. in the Council Chamber. I If you have any questions or if wi nu,%y be of assistance to you, please do riot hesitate to contact us. Sincerely yours, I ` I A1iria M. Wentworth City Clerk mw:cb .1.� City of Huntington Beach P.O. Box ISO CALIFORNIA $2640 r�r 11Ch: c�t� - PP '!'iiE' ca'1'Y c.l,#:KK November 4 , 197 Mr. Harry D. Aggers III Huntington Tennis Club 666 East ocean Blvd. #1102 Fong Beach, CA 90802 ` Dear Mr. Agge.r.s, :he City Council of the City of Huntington Beach at its regular meeting held Monday, November 3, 1975, overruled the decision of the Planning Commission and Approved the appeal filed to the approval of Conditional Use Permit No. 75-12 . If you have any questions or if we may be of assistance to you, pleaam feel free to contact our office . Sincerely yours, Alicia M. Wentworth t City Clerk ' AMW iCB:scb . t a City of Huntington Beach P.O. box 190 CALIFORNIA 926% OFFICE or THE crry CLERK i October 15, 1975 Harry D. Aggers III Huntington Tenni3 Club 666 Bnet Ocean Boulevard #1102 Long Beach, California 90802 I Dear Mr. Aggers : The City Council of the City of Huntington Beach at its adjourned regular meeting held Monday, Octobor 14, L973 continued the public hearing on the appeal filed to the approval of Conditional Use Permits No. 75-12, to an adjourned meeting of Council to be held Mondry, October 23, 1975 at 7:00 P.M. in the Council Chamber. If you have any question or if we may be of assistanc» to you, please do not hesitate to contact us, I Sincerely yours, Alicia N. Wentworth City Clerk APM:CB:tIQ I r H. Edward White ADVISOR TO LHBOM AND MANAGEMENT 3215 SPARK BOULEVARD GLENDALE.CALIF.91236 • I2i3: 248.8336 TC t H011017r11,P LT': HITNr['I '"' TOIi :3i?,C;11 OT TY POTTIICZ L AI..1T 'r '�rp II'I IJ1,1 i; IS E17 'II `�`'' T :�T: r„`r r `'OT? !'� ",fA!- �r,��t.�t- L. �t •r:.::.,:ifT 0N AITL AS TI CTS 01'" r':-'I,Y'T0;;`` TI.T,,,LTrD11,' I i:D'1."TRI AL SM,' Y A1iID Cii :► . .T0R � ryr T , .r r��• . 1.+ " , R.li,�+ti rT_t t � ;!.tI < Si " � 1 HAW:", :.�t !i', t tJ Tri 3 '.rjTJ;' r`'•: v A DI '?HC;TOR OF 1 N:F T M Al, ?^ —LrlT OIIS Al"(D P.,L�4 lI',.�,.,T :11' C�� ;1'1i�`I i) �:.r1�;LtJ !)�,.'.? Tll-4 r Tf"'`DTI:•,T_�:Cu D 1 V z'IT y�et 0I" NORTH A'MEIRI CAIr yet?ATI ON (N0*.•1 :I�1�'K: ,-'1 LI, I L`P 1,R14A-P T0I`Ia i r ITT AYD f-30"IF'ANY. FOIR Y'aMIS , I S -,,R :�D AS THE i DI' RE'CTOR OF TIT--J STA1'T: OF TIU7.I TRIAL R-:1LATTONS., APPOIN:TED TO THAT P0,S "'xOI'I T?Y rrUl':.":i0"' I?O ALD T3'�'A(?Afy IN 1972. IT IS I{1f PR7*VT.L;1G1:: TO a:-'RIV; AF-, ? iir►rT."-1:3:i AL n"L 1TTON ; •"J)1I71 OP EMI IIASI.;T?IG LA90P, R!M�1TTC1!,N',! A ;'D ?'NTDti;TRIAL O 0►Nj OP YOUR, .7 1,1.'"3: RTA 14 1 +11 LET Ni::� :�:.J I N IRT)`,{��..�.T.�011 ;l;",:'.CH ... 7tJTilf !1• TI t,Jl'�tt CRAIrE & ?'Rtl('?':.[:I";f SI,T?t T0; . HT:-'. FIVE TO SIX ACRY' YARD IS LOCATED AT 18851 STEWART STPE 'I'. IT % S IIi;�;':.Dx.ATI;I,Y ADJACENT ToTF??S YARD THAT TT I.') PROPOSM, TO PLACE A H .CI?EATIONAL POOL AfM TEMNIS SITE,. LET ME CONSID`;t WITH YOU TLM ADVERSE' Ii1'PAC'i'S OF i?c"i{ A I;1)10v-, 011 THE RELATIOIIS AND I,SPECUAMY ON THE Tu-MISTRIAL SriFETY PROIRAKS OF ►'Fits JO H11 A , THOMA,+ COM Pi1111y., AS YOU IV E' HEA`D . TH,E' YA71D 07 '-1,3. -i'). T11i C 04'-5 1 Gr A)I Or 0 1 IN O'P- TZTZ,�AITY P AT !"LL 110T." RS VNID ON DAY OF' TH',' i:I E r�T.0 3 L''Y ON 125 ME' Gi Allt,'S $ rp t'i.?17; f L; V E A.11rD -r Jo 10 T I 0 s 'TAV:�' OVI'J"ll 10 Yi"0'z 0 'j­:T TH T`iT-�_7 ON 11' Yi"i'll) A 1'.,'D OV',.j R T 11110 1 Z 1 TT P i't(7 7'L 7.T 1 )T 1 0 TE 110 PL 0 1', 3 ►T CAll I Vf, I T' TH" 1 ?�Y)fCrl :P'7r' 0 1!"T 0 1 r A. .'., f 1, - %� �­­L -1 , _k .. I,V'; 011 TIEE LOCAL E-11C0114101-11Y OF !lTlT[ !T-,*r'T0N- A;l"D "PAXi,5 PAID. CW.'7%5l.D'-JlR fV!171ji A',: 1-1111s.J, V71 . 4 a -1 :!PACT OF 1Y7.-­' OF X 's� Z I D T 1 V* Ty P 017 ' 'TTT' 0' 'XTH A tj 00L . " l I"N C 011 P AIR T"D V;!T 11 T i iE 1 E 11,`1"'!i T l ',M 7-fffl" Tjj!N OFFEMIM BY J01-Pill TH011AS . WELDING GOV'S ON '�,,'TVTA �TT�_M)MiT "'I'MI-HT PUiv.!', LI AND "PARKS AND GLARE. PROTM.TTV-' NPARMY THO"'AS I"i-I P L 0 Y "S) A L101 T) DIRECT LOOKS AND 'r",T. �7, 1',A . l,,,TTLL TTJl` THNNTS P L A rv,r?S 700L 11,211".'IMS AN13) -­k'tfJ,l'TR VIE' DOUIT TMINK, YOU WANT US TO TUSK OF __i',XP0ST,' THOSE Pil"'OPL]." TO 'SUCTI A DANnTER. 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TTIS ALL I T,L Cj 1i I CAL A!TD I "T 'ATiLY 1 :'0"T.,)-`P Ti;' TIP ?I,- I 7,1%:11-!T(4 Ty A,,,r If I �17 A Alln POOL R,"'CIR TMTC'?'1—G C 0 M 7 - T 0P P1AC3 -1 CALLY. 1 T ­,77 '-TP- .--j- S A K'I ( 7,- V-ir-r T71 J�j (701T!�-TTI` '%--70�1 HAVE JOHN T7To ,,`Ac' AND T A ')T)R"CIAT'.: 0 'T Ij 0 F (PIKIT 1'it.-At T T,t,;R, TO TIM` J01-M TH01,1 1AF A E, '7 A"'r, S FRC)'-f I T AT MS r T-1 L 0-!V,�' C' M F, . 1. .. -1; Stj P-PORT T 0,337, 7 1 1 - "'--,-T Y A! k.J` pf)-7-1:T!7 -11`11 i 0 MR A GOOD '�Aj IrT) .1, 11111�Tl 1.!OTTLD R F,C,0 P3 D 1 1"; 1-IF, CAN 0*�,2,T.,",C"--,1 TO A',1`L ACTT.0'q1 I ADD TO HAZARDS Olt' 1,14" ALj?1*%Ar)Y .FOR . TN, TE'.Nt,1TS COIYRV> AND A R':M?EfJIONAL 01111 fX DOOR 1,7111 T31 ()jJR 3T DO MST VIAT. I ILL "IYJ? DELYIIMED 70 A1#1,SWi,'-R 01-3 !'�NLAR(N".-J ITPOTT ANY OF TT-111',' ATMVE' "OTINTS. 110VET13F.9 3., !9'15 .4. EDWARD WHITE. C. it, A. . ;'; ,�• tit. ;� �. . .. Thonitis M WWIZ(711 Attorm .' tit 1,mv .r • ,• _'/.Y,tlrrr►r.tilrrey ._. l.,. .. (lrt►tff►►;'ft►rt /tr.�t!r, l�tt;l ►t►nt 'r!l,.j.ti' October 17, 1975 Mr. Richard Harlow Plann�ncl Director of Huntington Beach 2000 Rain Street Huntington Beach, CA Dear Mr. Harlow It is my undnrst and inq that t:hi s letter will comprise the capsulization of our. Phone conversation of 10/15/75 WhiCh outlined the arguments 7 was prosenti.rirl for my ►_.,lient :: and will. serve as substantial rompLianc•o for framinq the rvanon:� requir.c•(l by City Ordinaneo for the ippn.`ai , .)nd can h- c.acictl Ued by t:ho appellants j in order to obviate any problems that: may have occurrccl in the presentation of this appeal . First, ray clients are assorting their rights under ' Government Code Section 65854 .and 6590r• and the applicable City Ordinance requiring notice to l ]. person:: and businesses owning real property within 300 feet of the proposed project- Second , in contendiatrl tht-it-. oven though you r.allcd this a "conditional use permit." in the staff i report. , it was really a variance and as such ctovernmrnt Sections 65901 , 65906 and 65855 come into play and were not complied with . Third, this permit has attached to it conditional exception 75-29. Thore has been no finding of hardship pursuant- to ordinance 9833 made in the clrrinting of this exception . Fourth, 'shore is ra failure to comply with Public: Resources Code 21000 and the applicable City ordinances requiring Environmental. Impact reports ; n noclative clr.claration fails to , evaluate the facts. In addition to Hit-• onvi ronment- a l impact • , of placing .a recreational lac' i t i t.y of t hi ;, nature in r•i- 1 tcrrit:ory , it will have great financial. imp.zct. Fifth, there is an imposition of voidable conditions in lieu of Government Code 65909 which requires aprlicant to • purchase property across the street for road irnlarovements th, are not reasonably related to her use of land. In fact , it covers less than 50% of the applicant ' s frr—t:tago on Ernest Street and doesn' t impose that condition can the remaining 50ul of property o%'lned ' by the City as tile: result of a c: odication .involved in conditional. exception 20-33 (Williams Stables) . Sixth, the Manning Commission omitted the req►:irement ; r for ' lot consolidation which in 5 years may result in an undesirable tl • ' physical problem and possible law suits. Seventh, the City is buying a nuisance law suit because the property surrounding this use is constantly used by heavy trucking and all property is now zoned M--1 . ?one case 73--18 was just approved this year. it is the continuous trucking oilfacility •whieh will conflict with proposed users in traffic, ind ;, :' • noise. Eidlith, this is one of the few flat find level land areas that have gas, viater, and bower in for develo!)i;�c�nt of z Iadustrial properties and have. excellent corridor 1 merit ions to , the freeway and are now developing into an industrial rise. Thi . 114--1 ar-ec can be. surrounded by types of uses; that can be buffer zones to R-1. F:. .. As the City Planning Director stated to me the crux of the problem is whr-ther they City wants this property to cto t-o R-1 and R--2 use or to remain as M -1 us.o. Lastly, t:hrre is underlying this appeal a basic philosophical problem. it ir, simply stated in thin question : Do you want to destroy any further thoso economic aroa.,,; that generate income For this City or do you want this to become a t more bedroom-Like, home tax rapport City? Respectfully yours , THOMS M. 1111ALING Attorney at Law 'I!4W/s l z f n f Thoma' S M 141"haling • Ittior'n : at Law 18,llairr Socet Ilurrtiirrwit M-ac lr, Calil'mda Q:64S (7141.536 4841 1 November 3 , 1.975 5 V�` • Huntington Beach City Council 2000 Main Street. y, . Huntington Beach, Calif. l Honorable Mayor and Members of the City Council : I assume you have before you the letter sent to Mr . Harlow outlining some of my points on appeal. However , I would like to highlight in less legalistic terms , the main contentions of the citizens who surround that property. It is believed t..-.at the real reason for the original approvals of the permit is to begin to make inroads into an M-1 zoned area and to eventually reconvert this area to Rwl and R--2 . This area is now being used as M-1; and as shown by the evidence, this 14-1 use contemplates heavy equipment, construction yards , noise, dust, and generally all the-material trappings of an industrial use . On October 29 , 1975, I met in the planning office of John Cope with Dick R—low. In 'my discussion I learned that on the previous day the beads of the Building Department, Planning Department and the Oil Field Department had been out to survey the problems outlined by this appeal . It was expressed to me that this was the first time that these department heads became fully aware of the real issues presented by this appeal, I believe that Mr . Harlow could probably explain to you my discussion with him concerning the basic: conflict that exists between the granting of a "conditional use permit" for this recreational facility a:Id the contiguous use K of that area for M-1 zoning. In short , the sses are completely iincom2atible. The only real way to fully understand these incompatibilities is to do a site inspection of the area in question, 7 as these department heads did, and see how the properties are being used. I have some pictures that I now want to present to you to show you the kind of equipment that exists on John Thomas ' property that abuts to the South of this proposed development. As you can see, in front of you at the podium there is a pi:ture of a large truck of which there are over 20 of these on the premises. These trucks supply jobs for over 50 men and this company is growing. I believe you are also aware of the great need for jobs at this time and you are also aware of the need of the City for a strung industrial base. With those, thoughts in mind I think philosophically you must decide whether you want to attempt to itt's: convel•t this area from M-1 to R-1 and R-2 or whether you want to ' create a variance in an M--1 zone and I believe you have enough vision to see this conflict. • Now, on to some of the other legal points raised in this :natter. First, I would like to point out that there are no plans for the treatment of the Oil Field waste water line which goes }: across the proposed property to be developed and it appears to me that a plan is required under Article 968 Section 9682. 1. Second , I would also like to point out that. there was no hardship found in this case and it would seem to me that since a conditional exception 75-29 was approved on August 19 , 1975 by the F Planning Commission, it must find that there was in fact a hardship. I would like to point out that the findings also indicate that the r surrounding area is "vacant or (in) marginal industrial use" . This is an error. Third, it appears to me that the Council should be aware of the City Attorney' s Opinion #73-6 dated March 20 , 1973 . In that opinion the City Attorney stated the following : The conditional exception ordinance is to grant , under certain conditions , "exceptions to the provisions of applicable provisions of Division 9 . " "Conditional exception" is the same as "variance" . , . ' If that ' s true, I believe that this sports complex requires a zoning change. In fact, the Planning Commission stated in its findings that this project was a "different zoning designation . . . " . I believe you should look at what ' s in the clubhouse to see if this is just another Parks and Recreation Development . Therefore, it is my feeling that this project should be rejected for tho above reasons and those that I now read you in . my letter to Dick Harlow of October 17 , 1975 . Respectfully yours, -1A T11014-4 'M 'ING •�.1 . i. . . r MIP .... ww.r•.s..M ..... ,.....w .. n ....... ._..... ..,ar .w.wN.+l......�MI/et.✓..w ..n .. ...• ......� . w.. � ._ ....... r