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HomeMy WebLinkAboutConditional Use Permit 75-23 - LEONARD O. LINDBORG - Tennis 1 6) P A+ , cityof Hufifin' gton Be- ach * P.O. box 190 CALIFORNIA OUM OFFICE OF THE CITY CLERK May 10, 1976 t Honorable Mayor a,:d City Council City of &'Ptntington Beach Subject: Council Meriting Minutes of 2/2/76 Conditional Use Permit 75--23 Dear Ctyuncil Members: We are forwarding a com.•nunication from the Planning Director requesting that the Council meeting minutes of February 2, 1976 be corrected to include findings which h-ve been transcribed froii the tape of the meeting and that c.- .itions of approval also be included in the minutes. Attach&l are the Findings and Conditions of Approval as well as a copy of the February 2, 1-976 Council meeting minutes. Sincerely yours, Z K Alicia M. Wentworth City Clerk AMW:cb enc. If. CONDITIONAL USE PE T NO. 75--23 - APPEAL .Page Two square foot clubhouse, and 86 off-street parking spaces on an approximately 4-1/2 acre site. The proposed- site plan is in substantial conformance with the develop- ment standards of the M1 Industrial District and conforms with the policy requirements for off-street parking for this type of use. The staff report discussed the various non-technical planning issues related to a recreational use in an industrial area, the most basic of which involved compatibility of the proposed use with existing and potential surrounding uses, and a discussion as to whether industrial property within the City can and sholild be used for non--industrial recreational uses. Attached as a part of the original staff" report is a detailed discussion of the surrounding uses and some information obtained from a preliminary industrial land survey for those parcels located within the "Gothard Industrial Corridor" . This information is the basis of the findings contained in the staff report and was intended to provide a background for a, policy determination by the Planning Commission on this type of use. ADDITIONAL INFORMATION: During the public hearing on the matter before the Planning Commission, Gordon Mountjoy, owner of the subject property addressed the ConLnission and spoke in favor of the proposal . Mr . David Dahl , legal counsel for the applicant, Mr. Leonard Lindborg, also spoke in favor of the i project. Mr. Gordon Offstein, Mr. John Thomas , Mr. Frank Standard, and a resident 1 of Carnaby Lane (the adjacent residential area) spoke in opposition. i ENVIRONMENTAL STATUS: The Environmental Review Board at its meeting of January 61 1976 granted Negative Declaration No. 75-83, having found that the proposed project will not have a significant advexse effect upon the physical environment. T:-.;. Board reconunends approval by the City Council. Respectfully submitt , R chard A. Harlow Secretary Supporting information submitted herewith: 1. Staff Report 2. Area Map 3 . better of Appeal 4 . Revenue Analysis From applicant 5 . Letter of Opposition from C. William Carlson Jr , , Atty. RAH:JMC: ja It leport.- TM, PLANNING COMMISSION P'RdlK: PLANNING DEPARTMENT DATE: January 6 , 1976 CONDITIONAL USE PERMIT NO. 75-23 ZONE: MI-CD APPLICANT: Leonard O. Lindborq FILING DATE: 12/15/75 112 18th Street Huntington Beach, Calif . , LOCATION: East side of Gothard 1100 ft . south of Talbert REQUEST: To permit the construction of a tennis club facility on approx. ; 4 . 5 acres of land . c`•� r- r 1 . 0 GENES i. INFOiu+9ATI0PJ : Conditional Use Permit- No. 75-23 is a request for the develupment of a private tennis club complex. The facilities proposed include sixteen (16) tennis courts , four (4 ) racquetball courts , a 9400 square foot clubhouse, and 86 off-street parking spaces on an approximately 4--1,/2 acre site. 2 . 0 PRESENT LAND USE, ZONING, AND GENERAL PLAN INFORMATICN: The subject property is presently vacant and zoned ril-CD (Light Industrial) . The General Plan land use designation is Light Industrial. Properties to the north , south, east and west are both zoned M1--CD and MI--A and designated on the General Plan as Light Industrial . The property to the north is developed with an automobile and general salvage yard operation . Directly west of the site is the Orange County Refuse Transter Station, and to the east is a recently developed wholesale lumber yard operation. Properties to the south are unde- veloped but have been approved for industrial sites by Tentative Tract No. 9788"X" . i 1 _ 8. S Page Two CUP 7:. •2 "' 3 . 0 ENVIRONMENTAL STATUS : The Environmental Review Board has reviewed and posted Negative Declaration No. 75-83 at its meeting of December 23 , 1975 . Final action by the Board is anticipated at its muting of January 6, 1976. The staff will discuss the Environmental Review Board action on the project with the Planning Commission at the January 6 meeting. 4 . 0 ANALYSIS : The site plan is in full compliance with the yard setback requirements , height restrictions , and development standards for otf-street parking facilities . However , the plan indicates 86 spaces which would be deficient to the policy requirements of the Planning Department for this type of use based on th- following calculations (16 tennis courts @ 2 per court = 32 ; 4 handball courts @ 2 per court = B ; 9 , 384 square Feet of clubhouses L. 200 = 47 ; for a total of 87 spaces) . The plan does however exceed landscaping requirements of the M1 district. This project , as have similar projects recently processed by the City , raises numerous non -technical planning issues . The most basic of which involves a detezmination that industrial. property within the City of Huntington Beach caii and should be used for non-industrial recreational uses, and compatibility of this type of use with surrounding uses. The property is located in an area of the City commonly referred to as the Gothard Industrial Corridor . This area is the second largest industrially zoned area in the City and was included as a part of a recently completed industrial land use study. This study provided a land use ral-A ng for all vacant industrial parcels within the entire quarter section surrounding subject property. This rating indicated that the subject parcel is one of the most highly viable and developable industrial parcels within this portion of the Gothard Industrial Corridor. This conclusion is based on the foll.owina data information : I . Physical Characteristics : 1 . Transportation : a . The parcel is bordered by a secondary arterial . b. The parcel borders existing rail service. C. The parcel borders an established truck route. 2 . Fire Protection : a . The parcel has a good fire rating of 3-4 . 3 . Adjacent Land Uses : a. Existinj - Parcel is surrounded by industrial uses 'or vacant property. b. PP ro�osed -- Parcel is surrounder 1)y industrially designate propel :y. CUP 75-23 Page Three I 4 b ' iti s t Utilities: Accessi �.1 e o 3: Water - Property fronts existing water mains sized to accommodate industrial uses. b. Sewer -- Property fronts existing sewer main sized to accommnodate industrial uses. c. Electricity - Site considered fully serviceable. 5. Physical Features a. Soils -- Parcel rated good. f b. Topography - Parcel rated with a 5 -- 6$ slope: relatively flat is 0 -- 4% slope . c. Drainage - Fair: temporary drainage problem. e.. Size : good: highly usable size parcel. e, Street Frontage - good: in excess of 300 feet. I. 6. Site Wc,rk Required : a . Grading. - moderate grading required b. Removal of Structures good : no structures to be removed. Based on the above analysis, the subject site received a numerical jrating of 72 out of a possible 73 , making it one of the second highest rated parcels within the quarter section directly south of Talbert Avenue. It should also be noted that as a result of the Land Use Element Amendment adopted by the City Council in March of 1975, a reduction of approximately 40 acres of industrial property within the Gothard Corridor was accomplished , the theory being that the remaining undeveloped ac-reage was viable industrial property. The issue of compatibility with surrounding uses must also be dis- cussed. The City Council at its meeting of November 3 , 1975 denied a request for a pt:ivate tennis club in an area designated Planning Reserve based on a finding that such a use would not be compatible with the existing and anticipated industrial uses. The . use to the north of the proposed facility is a large salvage yard operation which necessitates trucking operations and can be the source of considerable noise emissions. The industrial use to the west is the Grange County Refuse Transfer Station which is a heavy trucking operation also resulting in noise emissions. The use to the east is a Barge wholesale lumber operation, with trucking and heavy evuioment operations. This lumber yard also utilizes railroad service which abuts the subject parcel on the east, In June of 1975 , the City Council sustained the Planning Commission ' s decision of denial on a requests to rezone approximately 20 acres of property in the Gothard Industrial Corridor to residential. The reasonsfor such a denial were the value of the property for industrial uses and encroachment - of non industrial uses into ,the indus.f ria.l corridor. CUP 75-23 Page Four The applicant has indicated that the proposed use could serve as a stimulus. for further industrial development in the area. A similar tennis facility was approved on property adjacent to the Central Park and Recreational Open Space areas and is approximately one (1) mile from this .proposed facility. The Seacliff Tennis Club is .less than three (3) miles from the proposed site. Therefore, the industrial development. stimulus can be realized while preserving industrial properties for such purposes. Finally, the proposal when analyzed in a literal comparison to the Goals and Objectives of the Policy Plan, may be found to be in Conflict with such stated policies. That is, the stated objectives pertaining to industrial development are: "Encourage industrial development: that would: 1. Help provide a diversified economic base by I a. Creating morn income for the City b. Creating employment 2. Be located in dispersed industrial parks. 3. Be conveniynt to existing transportation. I 4 . Be compatible with surrounding land uses. 5. Be aesthetically attractive. 6 . Pe of a non-polluting nature. The staff has discussed with the applicant for this request a need for information on possible revenues generated from this type of facility, as well as information on the stimulus this type of facility has on the future development of industrial properties. The applicant stated that information on revenues and the desirability of having athletic facilities of this type within industrial develop- ments would be submitted for Planning Commission review. 5: CONCLUSIONS ,ANC FT*?DINGS : The Planning Staff based on the above analysis has compiled the following conclusions: � 1. The proposed plan is in substantial conformance with the development standards of. tha M1 district, however# the parking is at an absolute minimum. 2. ' The proposed site is a highly viable and - developa'►ale industrial parcel. CUP 7 5-2 3 Page Five 3. Development of the parcel as a recreational use would result in the use being surrounded by heavy industrial uses. 4 . The Planning Commission and City Council reaffirmed the policy to maintain remaining industrial properties for such uses and. have indicated that such a recreational use may not be compatible with heavy industrial uses. 5 . While such a service use could serve as a stimulus for further industrial development, there is an existing tennis facility less than 3 miles frorr. the site and construction is anticipated to commence shortly on an additional facility which is less than a mile from the subject site . i 6. The proposed iacil.ity is within the general vicinity of Central Park and will enhance the visual appearance of Gothard Street within the M1-CD District surrounding the park. 6 . 0 RECOMMENDATION: The staff recommen:ls, after much discussion , that Planning Commission action on this proposal is one which must follow a policy decision i . rendered. on the location and compatibility of these recreational uses within industrial areas. After review of the information contained in this report, as well as supplemental informat•.ion to be submitted by the applicant on revenues and the stimulus that this type of use may create within industrial developments, the staff feels it is essential that the Planning Commission must find that uses of this nature comply with the stated policies of the Policy Plan for industrial development. Therefore , the staff recommends that. the Planning Commission reach a policy decision on the desirability of these facilities within industrial parks, as this is not the only tennis club and athletic facility pending before the Cite for approval action. Should the applicant not submit the necessary supplementary information for review, the Planning Commission may wish to continue action until sufficient information has L,:.,en submitted to compare this facility with those normal industrial uses which are being constructed in the City. The staff will. be prepared to discuss appropriate conditions for the use should the Planning Commission approve this proposal. JMC:gc f 'fit r.r :a� ' r .i �. � y • f r:': 11 H ,INFER,DEPARTMENT rCOMMUNICATION t f�tAr'iMi6MY KACH a Alici'a:.-.Wd ntworth From . - :City; Clerk' ; Richard `A. Harlo :: : .Subject CONDITIONAL USE PBRMIT Date May 1, 1975 r- N0: .7B-23: Council Minutes of February 2 , 1975 zt ha+s been.,br tight to the attention of the Planning �!epartment that the C6nditions .1of. Approval an'd appropriate findings for approval of ..the above referenced item are not :included in the official City Council Minutes Research by the, Planning Staff has indicated that the attached Conditions o; Approval should be incorporated into the Minutes as well. as the follow�- ing findings which have. been tranwcribed from thz tape of the meeting: 'FINDINGSr 1. The proposed plan is in substantial conformance with the development standards of the. M1 district. 2. The proposed .facility is within the general vicinity of Central Park and will enhance the visual appearance of Gothard Street within the M1-CD District surrounding the park. 3. The proposal would encourage industrial development than would: a. Help, provide a diversified economic base by creating more -income and employment opportunities for the City. b. Be located in dispersed industrial parks. C. Be convenient to existing transportation. `c. . Be compatible with surrounding land uses. CV e. • Be aesthetically '��" . f. Be of. a non--polluting nature. , ,The Council finds that thi.s�<s-e would he the best and most . appropriate :..use .for the` property ana�ontemplated by the Master .Plan - of hand Uge 'and that such use will not be detrimental -to the :value of. property or, improvements or to the general health, safety and convenience of . the '.eighborhood or City as. a whole. Due, to the pending development processing. of the project through the various City;Departments and 'the �a�st complexities of the . la'nd use entitle meat procedure, '1 would .like* to request .an• zmendment of the February Z 1976 Council,Minutes as expedit..iously. as.''.possible. ; 'Thank you for your pis- 1st ance in. this utter. RAH:JMC j a TO: . PLANNING COMMISSION FROM: PLANNING DEPARTMENT DATE: JANUARY 6 , 1976 SUBJECT: CONDITIONAL USE PERMIT NO. 75--23 CONOS'.:IONS OF APPROVAL: 1. The conceptual plot plan received December 15 , 1975 , shall be the approved layout. In its approval action the Planning Commission considered the Following issues relatioq to the conceptual plan : . Traffic circulation and drives • Parking layout • Lot area, width, and depth . Type of use and its relation to property and improvements in the immediate vicinity . The conceptual plan is reviewed as a basic request for entitlement~ of the use anplied for in relation to the vicinity in which it is proposed. The conceptual plan should not be construed as a precise j plan reflecting confor.itance to all ordinance code requirements . 2 . Sail Reports as required by the Department of Buildinq 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 lan1scape plan depict- ing plant type , size , location , plan for irrigation , and method of screening for the parkina area shall be submitted to the Planninq Department for approval . 4 . The water, sewer, and fire hydrant system shall be approved by the Department of Public Works and the Fire Department. I� 5. No structure other than those shown on the pproved plot plan shall. be cons-ructed. 6 . On-site lighting for the tennis courts shall be subject to approval by the Department of Buildirg and Community Development. Said lighting shall be reviewed for effects on traffic safety , and possible Public Utilities Commission restrictions on out- door lighting facilities . There shall be no night lighting of thi tennis courts past 11 : 00 p.m. 7. U6e of the cocktail lounge facilities shall be restricted to members of the tenrs.is club. B. Gothard Street and the proposed Street "A" shell be dedicated and fully improved as required by thy; Dai)ar. tment: of Public Works . i Planning Commiss� n - C.U.P . 75w13 January b , 1976 Page 2 - 9. The developer shall participate in tho local drainage assess- ment district. 10. The developer shall participate in the orange County Sanita- tion District. #3 Sewer Annex District . 11. Special uses of the complex which are open t ­ r.he general public shall require approval of a Special Event permit by the Board of Zoninq Adjustments , to insure sufficient off-street parking for the events . 12 . The use shall be subject to review by the Planning Commission in two years from the date of approval for oossible impact on adjacent rises. i i i I1'1;(e 16 -Council Minutes 2/2/76 There being no one further present to speak on the matter and there being no further J�'ratests filed, either oral or written, the hearing was closed by the Mayor. A tnotLon was made by Councilman Coen to overrule the Planning Commission and sustain the appeal can the conditions as set forth by the Board of Zoning Adjvitments in their Minutes, dstad November 129 19759 Pages 3,4,5 and 6, and as agreed to by the applicant this eveiAng and any other conditions deemed by th± staff as being reasonable 440 necessary to protect the integrity of the cmre.rtial development proposed and also rc. protect the residential area abutting the undeveloped portion; further adopted Negative Declaration Nc. 73-66. Councilman nuke gave reasons Why he: opposed the motion. The t.:otior, made by Councilman Coen passed by the following vote: AYES: Br.rtlett, Wieder, Coen, Shipley, Gibbs NO&S: Duke ARSM: Matney PUBLIC HEARING APPEAL TO DENIAL 01? CONDITIONAL USE PERMIT 75-23 APPEAL GEED Mayor Cibbs announced that this was the day and hour set for a public Nearing on an appeal filed by Leonard 0. Lindborg, to the denial by the Planning Commission of Conditional Use Permit No. 75-23, a request for the construction of a private tennis club and related facilities. The complex will include four (4) t handball courts, sixteen (16) tennis courts, an approximate 90384 square foot clubhouse, an:i eighty-six (86) off-street parking spaces. The subject property is locsted on the yeast side of GotharC Street, approximately 660 feet south of Talbert Avenue in an M1 Light tndutitrial District. ,rite Clerk informed Council that all legal requirements for publication, notification and posting had been met and that other than the letter of appeal she had received communications from the Huntington Beach Chamber of Commerce and Mr. Leon Jones in favor of the proposal and a coarnunization from C. William Carlson, Jr. in opposition to the proposed project. The Manning Director presented a resume' of tht Planning Com.Assion's reasons for recoomanding denial of said conditional use permit and the Director of Public Works alas reported on the tauter. Mr. David Dahl, representing the applicant, addressed Council and presented roasonr why he believed the appeal should be approved. Mr. Darrell Ward, representing the Huntington Beach Chamber of Commerce, addressed Council and stated that their organization was in favor of tl•e proposed project. Mr. John Gilmore, hooKnaner abutting the proposed project, addressed Council in favor of the conditional us# permit. Mr. Gordon Offstein, city tsside:tt, addressed Council in opposition to the proposed use Atating that ho believ*4 it ,eras situated too near the refvse transfer stat:-.1n and that ha bellevod there should be an envira mteatal inp&ct report an the matter. A nearby resident addressed Counc:ll An favor of the proposed project. Thera bting no rise further present to speak ott the matter send there bain.g no further l►ljgets filed, either oral or written, the hearing was closed by the Mayor. Discussion was �*41d between the Council and Mr. Gordov Moantjoy, applicant. r r Page #7 - Council Minutes - 2/1/76 A motion was made by Councilwomen Wieder to overrule the decision of the Planning Commission and grant Conditional Use Permit No. 75-23 based on the findings of fact on Page 4 of the. Planing Department Staff Report as follows; 1. help provide a diversified acoiomic base by creating more income for the city; creating employment. 2. Be located in dispersed industrial parks. 3. Be convenient to existing transportation. 4. U compatible with surrounding land uses. 5. Be aesthetically attractive. 6• Be of a non-polluting nature. 7. The proposed plan is it :substantial confov=ce with the development standards for this type of use. 8. The proposed facility is within the general vicinity of Central park and Will enhance the visual appearance of Gothard Street within the Hl-CD District surrounding the park. Adopted Negative Declaration No. 75-83 Following discussion the motion Was passed by the following vote: AYES: Bartlett, Wieder, Shipley, Duke, Gibbs NOES: Coen ARSENT: Matney PUBLIC HEARING - ZONE CASE NO 75-10 - APPROVED - ZONE CASE NO 2038 - FIRST READING ' I Mayo: Gibbs announced that this teas the day and hour set for a public hearing on a petition for a change of zone from RZ (Mledium Density Residential District) to C4 (highway Commercial District) on property located approximately 118 feet west of Beach Boulevard, on the north side of Ronald Road. The Clerk informed Council that sill legal requirements for notification, publication and posting had been met and tha: she had received no communications or written protests to the matter. The Planning Director preben.ed u resirre of the Planning CommissioA reasons for recommending approval of said zone csse. Mayor Gibbs declared the hea-cirig open. There being; no one present to speak on the matter and there being no protests filed, either written or oral , the hearing was closed by the Mayor. on motion by Bartlett, Council adopted Negative Declaration No. 75-79, by the following vote: AYF,S; Bartlett, Wieder, Coen, Shipley, Duke, Gibbs NOES; None ABSENT; Hatney 11;+e Clark was directed to give GTdinance No. 2038 a first reading by title - "AN (*DINANCL OF THE CITY C F Efl1N'TINM. 10N BEACH AMl1NDING THE HUNTINGM REACH ORDINAKE CODE BY AMENDING SECTION 9061 7HELEOF TO PROVIDE FOR CHANGE OF ZONING ON MAL PROPERTY LOCATED VEST OF BEACH BOULEVARD CAN NMTH SIDE OF RONALD ROAD." . .' Affidavit of Pu4ption State of CRUfarnia County of Oimnge ss City of Huntington Beach George Farquhar, tieing duly sworn on oath, says- That he Is a citizen of the United States, over the age of twenty-one years, y?G- That he Is the printer and publisher of the Huntington Beach r News, a weekly newspaper of general circulation printed and pub- lished In Huntington Beach, California and circulated In the said Count-, of Orange and elsewhere and published for the dissemination _ J of local and other news of a general character, and has a bona fide 1 publirlied Huntingtoli Beach Nuvs.. bar.. subscription list of braying subscribers, and said paper has been 27, 1976. established, printed and publishel in the State of California, and ftayleE GE !•tltfafC Mt:Afttfl4 County of Orange, for at least one year next before the publication Appeal to Mal 6f of the first Insertion of this notice; and the said newspaper k not t'gndittonrtt use a•srrrlit No- 1s-21 devoted to the interest of, or published for the entertainment of any NOTICE I$ HVIEQY GIVEN ttiaf a Pug. particular class, profession, trade, Galling, race or denomination, or lice h"drig will be.held by the' City any number thereof. eounoll'of the Clty•af l4vat9ngten Seach, In. alit 'council ChembW of 'tt* "Civic The Huntington '3eacli New was adjudicated a let,•al newspaper Center, Huntington vi.dh, at•the hour of general circulation by Judge G. K. Sco%vl In the Superior Court of y:oo P,M.; 6r act' coon there=fter. as of Orangre County, California August 27th. 1937 by order No, A-5931. ob"lim, on Mandan,'the 'gild day of February,*1976, for the pur~ of can= sidering an appeal to the denial by the 771at the APPEAL TO DEIl1AL OF QQ_Nn1TI0M Piennind Corninisakn of Conditional Use � Permit.fia. MtX.a,mvsst for toe con• stnXtion of a private' tennis Club Wed USE PERMIT NO, 75--23 related faellitles.. the VV"WX «rail in- of which the annexed is a tinted copy,, Nvus ubilshed in said news- Guile tour (ti handball courts,,sixteen P p P (161 tenons courts, wad apgra�dawts 9,314 sQuafa foat'alUbh*Uft'atld e10ty-iix•(K)j oft-(str"V parking spaces. - paper at least nt: i$a ue �. _ _ the tirrb)ett ptoyerh'' _� rrs $*.-Mod bn the east side• ct Gothard -Brest, epprQ4- mately:6w that south-0.7811*rVAvenue ?_2nU Januar _ In to Mt Light InUustrtal District. Commencing from the day of y --- - - A legal-.desctiption and•mpy. pf the ! drWosed plan Is an fipt In the pluming 1 t 36 and y ending on the 22nd cia • of Jgnu&r�'__ _ rtrrent.Otftci b All inttrestad_persons.we.hw;led' to ' attand geld..flierlr>g .and..exprasa.lfsA opinions for.,or a,. .,oat said.Appeal.. � 19 4 0- both days inclusive, anA as often during said period and Fwthw information they be obtained: tunes of publication as said paper was regularly Issued, and in the from the Office of tS1e;C%y ,:iark- regular and entire Issue of said pewspaper proper, and not in a CATIM. Janus" IV..197L ' supplement, ana said notice was published therein on the following CITY OF HUNTINGIOh•131Et,Ctt: dates, to-wit: N, Alicia M- Montreal f City Clerk. Jan. 22 19_7_tL_ _ Publisher Sub ucifted nail sworn to before me this 23 rd _ day of January 197� z ;, •�,._ �_ l.:r f_ �. Notary Public Or n. County, Ca.liforWa THOMAS D, WYLLIE Notary Publit•Ca111,1re;e � ,� `�+• Orange cow Ov 1 •• My c.mrni6line ELPIrri � i'L•• SeplaTbysr 11;, 19)1 1 ----------------------_-------t f Me 0 T� LOh.1.yC 1iOh CO Tot )byw aaA City Counsel. ' City of HW1tin49tob Beach Rot Conditional. Use Permit No. 75-23 This letter is an appeal of the Planning Cotmaission decision of Jamutry b, 1976, disapproving of the conditional use peradt for constitution &W operation of a Recreation Club featuring Tennis, Racketball, and separate fly facilities for son and town. i The reasons for denial centered around concern that the use would Change the character of the area, impeding industrial growth, and reduce the amount { of peist industrial land available for development. There was also concern over the concept of a recreation use in an industrial complex. We feel that the development of the requested facility !rM improve the chances of quality development at an earlier date. It will not impede my future iaftstrial uses as the area is and Trill remain zoned industrias.ly. The property owner has indicated that there has been greater interest in industrial uses since our proposal refs made known. Wo believe that there Pre sufficient reasons to distinguish this area from other areas in which recreation uses were denied in industrial areas. 1. Ths proposed development is within a larger planned eampl.exs assuring a hider degree of compatibility than prior proposals which involved development in an area of established industrial used and differing omsrships. 2. The proximity to the central park Crakes the proposed location de '-sable, for a recreational use. ?hunts or your d+tratioa, • r I17 I" jMria! PRth, 021detris It210 (714) 516--isle (213) $22-3010 �� I�unt{�n t Beach PiInninom�aisi+ n ;t 1. 'Poo. BOX 190 CALIFORNIA 92646 Honor b e Ma `or : and Ci Council T� a 1 t C ncil . .. n Y . Y FROM:: Plaiina.ng Commission DATE .. February 21 1976 ATTENTION: David D. Rowlands RE: CONDITIONAL. USE PERMIT NO. 75-23 APPEAL TO DENIAL APPELLANT: Leonard 0. Lindborg 112 18th Street Huntington Beach, California APPLICANT: Leonard 0. Lindborg 112 18th Street Huntington Beach, California LOCATION: East side of Gothard 1100 feet south of Talbert REQUEST: Tr permit the construction of a tennis club facility on approximately 4. 5 acres of land. PLANNING COMMISSION ACTION: ON MOTJ,ON BY KERINS AND SECOND BY PARKINSON CONDITIONAL USE PERMIT NO. 75-23 WAS DENIED FOR THE FOLLOWING REASONS BY THE FOLLOWING VOTE: 1. The proposed use would impede future industrial development in the area that is zoned Ml. 2. The approval of such a use would probably lead to request for rezoning in the area. 3. The proposed use would likely break up the industrial corridor. AYES: Parkinson, Finley, Boyle, Kerins NOES: Shea, Slates, Bazil ABSENT: None NNING COMMISSION RECOMMENDATION: The Planning Commission recommends denial of Conditional Use Permit No. 75-•23. ' SUMAARY OF STAFF REPORT: Conditional Use Permit No. 75-23 is a request for the development of a private tennis club complex. The facilities proposed include sixteen (?6) tennis courts, . four racgi netball courts, a 9400 HUNT I NGTON CENTRAL PARK CF— �► cup 65-211-C iil-A ail—CD TT 8788 X REVISED TRY�r1R I �=CD ti PUT t ONTAR10 r — C 9 F mi WIMN , art .+per ---------- 7ITATIVE TRACT 3708, C314DITIOIAL USE PERMIT 75-23 i, �► ZONE ml-CD, MI W•ts■G QA[M 0 EnAROME L REYIEW BOARD CITY OF HU N1`W7014 BEACH•CALIFCRNIA TO: Planning Commission FROM: Environmental Review Board DATE: January 6 , 1976 SUBJECT: Negative Declaration No. 75-83 (C .U.P . 75-23 & TT 8788"X") APPLICANT: Gordon Mountjoy and Leonard 0. L;ndborg PROJECT: Request for the development of a private tennis club complex with appurtenant facilities (property to the south has been approved for industrial sites by Tentative Tract No . 8788"X" ) . LOCATION: The subject property is located on 4 . 64 acres on the east side of Gothard Street between Ellis and Talbert Avenues . The Environmental Review Board , at its meeting of January 6 , 1976 , granted the above negative declaration, having found that the pro- rosed project will not have a significant adverse effect upon the physical environment. No environmental ,impact report has been prepared for this project. Findinas are based upon the information contained in the negative declaration request form, discusp,ion by this Board, and the follow- recommendations for any stru -cures to be constructed upon the project site : 1. if the deveioaer proposes 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 c'niditioning is to ba provided, the insulation in ceilings and exterior walls shall be a minimum of R-13 and R-71 respectively. 2 . All building spoils. such as unusable lumber, wire , pipe , and other surplus or unusable material , shall be disposed of at an offsite facility equipped to handle them. 3 . An engineering geologist shall be engaged to submit a xeport indicating the ground surface accoleration from earth movement for the project property. 4 . All structures proposed for construction within this subdivi- sion shall be constructed in compliance with the g-Factors as indicated by the geologist' s report. Planning Commission Negative Declaration 75-63 January 6 , 1976 � . Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review. 6 . Use of energy-saving types of lighting fixtures should be considered for the project. 7. Crime prevention techniques should be applied to the design aspects of the project (e.g. , single-cylinder locks, etc. ) . I ' Melvin A - Tooker, Acting ecretary Environmental. Review Board i :df MAMA{%M[N1. 2AL9! ♦ ♦QMIMA COMPARATIVE TAX REVEM ANALYSIS Property Sales Valuation, Revenue Revenue Present Revenue t2,158 Proposed Recreation Faiility $650,000.00 16041 2,158 Possible Industrial Use 8089000.0O 21,262 j Basis of Computations Tax Hate 10.5257 Industrial Use Estimation of Valuation $10.00 per square foot X 40% lot coverage X Lot size (202,200 sq. ft.) Lift Ovation provided by Mr. Monty, Senior Appraiser, Coxwercial- Industrial Department, Orange County Tax Assessor's (office. The auove ectinate does not include personal property Ar inventory. ilk lath .61reRi Asut11"Ofott tat#, Callfarnix OZO40 (714) 336-ZS79 (213) 3112•SVID Law OrrICCS or C. W1LL1AM CAPLL30N,,jP,. 10090 OCACH aOULCYAAD %Fir^ cdoc 7i4. SUITE L TCL[PMONC tf.{7•rp7+I HUN11NCTON REACH,6ALIFORN1A 92645 January 28, 1976 City Council City of Fiuritington Beach P. O. Box: 190. 4untincit.ohBeach, California 92648 Re: -: CONDITIONAL USE PERMIT 75-r23 ` Dear Members of 'the Council: I respectfully urge that the City Council sustain the. Planning Commission' s`_denial of Conditional . Use Permit NP. 75-�-23 . Purportedly, ;this applicatian 'is . a request for the construction, of 'a private tennis club and related recre- ational.. facilities within industrial zoned property on the East'.side. o,f Gothakd St+reet', . South of. Talbert. Such a recreational complox "is , in effect, a non--industrial use w4trhin industrial zoned property, and would be ane more encroachment on the diminishing industrial base of the City., Undoubtedly, if this recreational facility is . permit:ted to exist in this area, there will be additional ..requests for use' s, incompatible with industrial zoning . This can only lead to the detriment of the city tax base and 'the present. industrial u.sers in the area , certain of whom I represent. 1, therefore, again urge you to sustain the Planning Co:mmission' s denial . Your consideration in the above is most appreciated. very truly yours, C. WILLIAM CARLSON, Jr. ; CWC: jd blish 1l22/76 1111174 7d Poi toarch s 2 WICK OF FMIC HDAING Appeal to Denial of Conditional. Use Permit No. 75-23 � Zi tIGTICE IS HERESY GxVW( that a public hearigw, will be held by the . Cis C 'l o t o t y ovac f kt�e City f Nuntin� on Mach, in the Council Chamber of the Civic Canter, Nuntiniton Beach, at the hour of ,__7,:00 P.M. , or as soon thereafter as possible, on Monday, the 2nd day. of Pebruary , 19 76 for the Me of cons Idering an appeal to the denial by the Planning Co=ission of Conditional Use Permit No. 75-23, a request for the construction of a private tennis club and related facilities. The complex will include four (4) handball courts, sixteen (16) tennis courts, an Approximate 9,384 square foot clubhouse, and eighty-six (86) off- ' strecr parking spaces. The subject property is located on the east side of Gothard SG:oeet, approximately 660 feet south of Talbert Avenue in an MI Light Industrial, District. A legal description and copy of the proposed plan ie on filo in the Planning Deoartment Office. 4 All A nterest*0 rrsom are inv,,ted to attenid said hearing and express their opinioue for or spat=t said Appeal • Further inforeiatian My be obtaimid from the offibe of the .City Clark . 11I �snua l9 1916 +CXTY 11 MIS 200 ILWH BY: ¢ .iei,a fit, t��warth t; Clock . � V 4 Palo 0 -4/4 CON.TAJI'VInN CO • S To: Mayor and City Council City of Huntington Beach Be: Conditional Use Permit No. 75-•23 This letter is an appeal of the Planting Commission decision of January ! 6, 1976, disapproving of the conditional use permit for constitution and I operation of a Recreation Club featuring Tennis, Racketball, and separate Gym facilities for men and when. The reasons for denial centered around concern that the use would change the character of the area, impeding industrial growth, and reduce the arount of prime induestrUl land available for development. There was also concern ! over the concept of a recreation use in an industrial complex. We feel that the development of the requested facility will improve the chances of quality development at an earlier date. Yt will not impede any I: future industrial uses as the area is and will rftain zoned industrially. The property owner has indicated that there has been greater interest in industrial uses since our proposal wa:9 made known. We believe that there ere sufficient reascus to distinguish this area from other areas in which recreation uses were denied in industrial areas. 1. The proposed development is within a larger planned complex, aseurirg a high6r degree of compatibility than prior proposals which involyed development in an area of established industrial used and differing ownerships. 2. The proximity to the central park makes the proposed location desireab3 a for a recreationta►l. use. ?haakm or 7ymr deration, 112 161h Airrtl Xantirrgtan ?Aura. Calilomis 0264P (714) 536-2579 (213) 562•5010 Number of Excerpts "C� Publish Once I� LEGAL NOTICE NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT NO. 75-23 . j NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Planning Commission of the City of Huntington Beach , • jCalifornia , for the purpose of considering Conditional Use Permit No. 75-23 , a request for the construction of a private tennis club and related facilities. The conplex will include four (4) handball courts, sixteen (16) tennis courts, an approximate 9, 384 square foot clubhouse, and eighty-six (86) off -street parking spaces.. The subject property is located on the east side of Gothard Street, approximately 660 feet south of Talbert Avenue in an M1 Light- Industrial district. , s A legal description and copy of the proposed plun is on file in ! the Planning department Office. i Said hearing will be held at the hour of 7 : 00 P .M. , on January 6, 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_ 1r . 75--23 Further information may be obtained from the City Planning Department . Telephone No . (714 ) S36-5271 DATED this day of i C'ATY PLANNING COMMISSION t i By 7 Richard A. Harlow r Secretary r c CHIP 475-23 AP' o typed by Jana H. t u. onard O. LindWrg Carl 2 . Steverson 159-061�-68 12 18th Street Steverson Bros. Cp. ) onald 0 Spears untingtor. Beach, Calif P.O. Box 335 7542 ) antor, Circle; Huntington Beach, Calif Huntington Beach, r 92648 92648 t r 111-260--54 159--061-69 . 'P.O. A Jones �,' Jerry P Vinland � +: P.O. %ox 101 �• 7562 ) anton Circle sunset, Beach, Calif Huntington, Beach, lif , ` 90742 92648 .k �'flll--26G-51 '# 'tc rdon L. Mount joy t,, l 159-p61-70 r9G W. Grace E. Holtz Eldean H Ihle Foothill Bl:d. �, tr ' ^Ab anial G. Higman 7572 ) anton CLrclac; nrouiar Calif P.O. tax 545 1016 Huntington Beach, kalif ;;. 1 osem4Ad, (alif 91770 92548 11-071-43 159-062-07 159--061-71 chard L. Mount j oy Benigno Y Y,opex Frederick C. Clemvs s 96 W. Foothill 7571 Ontario ) r 7582 Danton Circler, nravia, Calif ', Huntington Heae Huntington Beach, dalif ! rr 1016 92648 92648 ' E•�X f r 11-071-44 159--062-1 159-061�-72 Harvey.. t .' Howard Straebuu h Inc �' Le Dennis L Graff 400 Airport Way 9 7572 •Tay].rti ue 7571 Danton Circle`s ng Beach, Calif Hunti Calif Huntington Beach, 4alif +l 0806 9264 92648 .1 11--071-•40 159- -12 159-061-73 nold L Christensen M62 la wens Jeffrey A Wells J 8241 Gothard Street ay or Avenue 7561 Danton Circle �$untington Beach, Calif Hunt n ton Beach, Calif Huntington Beach, kalif 2640 9264 92648 11-071,--41 62-08 �•. 159-061•-74 sao Fujita , JohrR11 asmussen Terry L Faircloth ,1,646 E. Bolsa Avenue .7561 Ontariot) rive 7541 Danton Circle Hidway City, Calif Huntington Beach, Calif Huntington Beach, Calif 112655 92648 92648 6iti of Huntington Beach 151---062-11 159-061--75 ,` .0. 190 obert L Schultz Thomas J Gealy i un' .. on k)each, calif 7542 Taylor Naiiue 16322 Carnaby Lanettn . �Wmini ntration Huntington Beach, Cbl Lt: Huntington Beach, Calif 92648 02648 ;;11-071�-12 1�9-�OF'�-10 159�-061-'76 ally-Miller C,vntrlcting Cb. John !4 Fordham Robert S McNamara 000 South Street 18282 (Arnaby Lane 18312 Carnaby Lane tag Beach, Gilif Huntington Beach, Cali: Huntington Beach, Calif 0805 92648 92648 ;ill-071--24 159--062-09 159-061-77 . ,Iorris D Pendleton Glenn W Burkett Floyd J Lauterborn 833 Leonia Blvd. 1'292 Carnaby Lane P.O. Box 2423 uite 309 ftunt:i.ngton Saaczh, Calif Huntington Boach, Calif Vernon , Calif 90058 92648 926117 • 159•-061-78 :Yoihiharu Hakashina ' 159-063-26 t 7572 OntarioDriveJohn W Gi1wre Jr ,,.,Huntington Beach, Calif 18301 Carnaby Lane Huntington Beach, Calif 640 92M 159-063-17 159-063-27 Howard T Kobayashi � 'rhoatas J Lasa:r ft 18411 Carnaby Lane . 18291 Carnaby mane Huntington Beach, Calif 92648 Huntington Beach, Ccli4f 92648 lf►9w063-18 159--003-28 r $ t A Apodaca Jonnis L Swann C-5 Carnaby Lane 18281 Carnaby Land Hngton n8®ach, Calif Huntington Beach, Calif 92648 63-19 159--063-29 John H Patterson Gar L Moll 1 C:a*•h �' Lane ab n y H ngton Beach, Calif 18361 Carnaby Lane Huntington Beach, Calif 9 92648 1 63-20 Pa r Katsixu�etis 159-46��-30 Peter A Cincotta • 18371 Carnaby Lane 18251 'Carnaby Lana H ngton Reach, Calif Huntington Beach, Calif 9 92648 i l -063--21 Dept. of transportation 1 61 Bowman Lane 120 So. Spring Strae Huntington Beach, Calif Los Angeles, Calif 90052 6 Attn: Staff Assistant Design D 1 063-22 H.B. Union High School. i Ro rt F Hockenberry 1902 17t1� Street ; 18 1 Carnaby Lane Huntington Beach, Calif Hu ington Beach, Calif 92648 Attn: District Supt. i . Dag-063-23 Ocean View School, District 7972 Warner Ixenue ;ti18331 Carnaby Lane Huntington Beach, Calif Huntington Bear:h, Calif Attn: District Su t. 92 5:d p � 159-063-24 Darryl W Watanabe , 18321 Carnaby Lane Huntington Beach, Calif 92648 159-063-25 Joseph V Beaver 18311 Carnaby Lane Huntington Beach# Calif 92648 PIING , ADMINISTRAT7.ON S . 9840 ARTICLE, 484 CONDITIONAL USE PERMITS (1563, 184 - 6173) S. 9840 CONDITIONAL USE PERMITS. INTENT AND PURPOSE. Conditional use permits, revor.ahle, conditional, or valid for a time period, may be issued for any use or purpose for which a plan is required or permitted under the provisions of Divisicn 9 of tho Punlington Beach Ordinance Code. The procedure contained in this .article ;s directed toward tnaur.ing the best and most E appropriate u;3e c2F Property, as contemplated by the tipster Plan of Land Use. Such uses shall not be detrimental to the value of property or improvements, or to the 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 FILIW,. Applicetions for approval of a conditional. use permit shall be filed with the Planning Department by the owner of the property or the property owner's authorized agent. If applicant is not the propart_y owner, a letter from the property ..-., er authorizing the agent to act In his behalf shall accompany such application. (1563, 1847 - 6/73) S. 9841.2 FILING FEE, At the time the application is filed the applicant shell pay a fee of two Hundred noliairs ($200) dollars. (1932 8/74) S. 9�841.33 PUB RTNG. After notice is given, pursuant to provisions contained in Article 987, public hearing shall be held by the Plainnin.q Cormissio►i prior to taking action on any conditional use permit application. (1563,1847 - 6/73) i S. 9841.4 DENIAL BY PTANNIM CMfISSION. The Planning Commission may deny any applicatIocs i.f it finds any one of the following: (a) That the proposed use haf4 a detrimental Effect upon the general. health, welfare, safety and convenience of persons residing or working in the neighborhood, or is detrimental to the value of property and improvements in the neighborhood; or (b) The proposed use is not contemplated under the Master Plan of Land Use; or (c) The proposed use to not compatible with existing or other Proposed uses in the neighborhood; or (if) The location, site lcyout, and design of the proposed use does nat properly adapt the proposed :structures to streets, erivewa+ys, and other adjacent structures and uses in ai harmonious =nner; or (e) The combination and relAtionship of one proposed use to another on a site are not properly intdgrated; or l' The accesa to ani parking for the •o o 'd u C ) p g pi p se use creates an undue traffic problem; or r 4 S. 9841.-4(g) ADMINISTRATION PLANNING (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 911 . (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 PERMIT APPROVAL. The Planning Commission may approve an application for conditional use permit when it finds that the plan wilt substantially comply with the requirements of this article, the Master Plan of Lane Use, and the development standards for the particular use. The Commission may also conditionally approve such applicatton 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 he required that such conditions are being or will be met. (1563, 1847-6/73) S. 9841.6 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 rend%.-ring a decision. Said decision shall be made within sixty (60) days after the publt.c hearing. (1563, 1847-6/73) S. 9841.8 FAILURE TO ACT. Failure 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 RLview Hoard, shall be &emed a recommendation by the Planning Commission that such application he denied unless a continuance is agreed to by the applicant or j his authorized agent. (1536, 1847 - G/73, 1022 - 8/74) i S. 9841.9 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. 9841.1C EFFECTIVE DATE: OF APPROVAL. Conditional use perinits shall not become effective for ten (10) days after being granted, and in the event an appeal is filed , or a challenge 1s issued by the City Council, said permit shall not become effective until a decision is made on such appeal. (1563, 1847-6/73) PLANNING ADMINISTRATION S.. 9842 S , 9842 APPEAL TO OR CHALLENGE BY THE CITY COUNCIL. The applicant or any gggfle-vea party may appeal a ec son or require- ment of the Planning Commission to the City Council, and the City Council 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 T Ume Limit . All appeals or challenges shall be made within f_H ( ) Uays following the decision of the Planning Commission . S . 9842 . 2 Form and Content . Any appeal or challenge shall be in wr ting, and ll specify, in detail, any grievance, error of decision, or requirement of the Planning Commission, S . 98112 . 3 Report . The City Clerk shall report the filing of such notice of appeal or challenge to the Punning Commission . S . 284o.14 Filing Fee. Accompanying any appeal shall be a filing i ee c'T venty-Five Dollars ($75 .00) . I ' t)842, .� Notice of Time of Hearing . Any decision or requirement j 0 t e ann g Commissron that is appealed to or challenged by the City Council or any member therof, shall be set for public heax••- ing before the City Council by the City Clerk. Said hearing shall be held at the earliest possible regular City Council meeting, with public notifl.•:.af.ion pursuant to Article 987 of this code . 2842 . 1- .' Hearing Date Continuance . The City Council may continue the hearing from Elme to time, and the City Council may refer the matter back to th . Planning staff of the city for further report , ropy of wh1ct-, shall be made available without delay to the l.and- mner or hiz representative , provided , however, the public hearing or ;:c:arinc;a shall be concluded within sixty (60) days after the first publ ".c :iearing . _ o8lf? .6 Action by City Council . The City Council may, after public hearing, ai rm, r.- Terse or modify the decision of the Planning C,immLssion . Furthenmo. e , the City Council may make any addi-- t tonal determination requirement it shad consider appropriate within the limitations imposed by thi•i article and the Master Plan of Land Use , Tho decision of the City Council shall be final . 9842 .6 . 1 F indir., of Fact a,,d Decision . In granting, modifying or 3eny iF an s.pp•aa or cis lenge, the City Council shall opecify the facts rolled upon in rendering a decision . Said decision shad. be -made within vi ty ((0) days after the public hearing. S . 08b2.6 . :7 Notice: t,,f Cit• Lou,• cii DeciMi::n . Notice of the decision or Me t' ,,yZc 4,171 s .al . Fie mailed to the applicant within ive ( 11 work-'-,:, day.i , exclud ' -..g weekends and holidays, after such decision Is r• ?ndere,., , 4b S t 9643 ADMINISTPATION S. 9843 Time Limit. Each conditional use permit autborixed 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 ion for Delay by, Cf ty Counci t. The City Council may revoke any conditional use permit, except conditional use permits for planned residential 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 uses, the Provisions of this article, or the provisions governing the district in which such use or building is proposed. (1563, 1847 - 6/73) S. 9843.2 Actual Construction Defined. For the purpose of Sections 9843 and 9843.1 , actual construction :weans that construction has started and is proceedin;, without delay and with due diligence. Preparation of plans, securing financial arrangements, issuance of building permits, letting of contracts, or stockpiling of materials on the site, shall not constitute actual construction. S. 9843.3 Discontinued Use of Land, Building or Premises. When any use of land, 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- tionzl use permit application has been approved. (1563, 1847 - 6/73) S. 9843:4 Extension of Time Limits. Upon written request by the applicant or property owner, the Planning Cr=nission may grant extensions of time under Sections 9843, 9843. 1, 9£43.2 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 sac.* 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 comrsence action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law, and shall apply to such courts as may have juri.sdic-Ion 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, moving or maintaining any building or structure or using any property contrary to the provisions of this article or the conditions attached to said cond'-tional use permit. All remedies provided for herein shall be ctnnul.ative and not exclusive . (1563 , 1847 - 5., 73) 5S9845 failure to Comply. Cnr..ifirate of Occ"2aney Withheld. Failure to abide by and to comply faithfully with any and all conditions attached i to the granting of any conditional use permit pursuant to the provisions of this i article shall constitute grounds for revocation of such permit by the City Council. 1 (1563, 1847 - 6/73) S. 9846 HvArin. The City Council shall hold a hearing on any proposed revocation after giving written notice to the permittee at leant ten (14) days prior to the hearing. ' PLl1�iNli'rG ADMYNISTRATION S . 9847 -S. 9847 Application after Denial,. When a conditional use permit has been denied, no further application covering the name 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) I S 9848 Certificate of Occupancy and Final Building Inspection Withhela. No building permit shall issue in any case where a conditional use permit, required by the terms of this code, has been granted . No certificate of occupancy shall issue nor shall final building inspection be wade until all terms and conditions attached to such conditional use permit are met. (1563, 1847 - 6/73) I I .I 6/8/73 J ' PH. (714) 893-7211 1. J ENGINEMNG, ''INC. 15081 MORAN STREET STMIN%TER. CALIF. 92663 CZ January 21, 1976 3 Mayor Norma Gibbs Members of the Huntington Beach City Council I have purchased one of the lots in tentative Tract 8783 which Is facing the proposed Tennis Club , I am sorry I will be out of town can business and unable to attend the Huntington Beach City Council meeting when the requested zoning variance for the Tennis Club comes up. I hope my letter will suffice in letting you know my feelings regarding the presence of the Tennis Club in this Industrial Area . I I am very excited about having; the club there and hope you will E look upon it with favor also. It will be great to be able to quit j work and play tennis for an hour before going home . I think the Tennis Club will be a real asset to the Industrial � Area there, allowing a convenient means of exercise during our sedentary existance . Pincerely, ..1j� ra►c�,........— Leon Jones, President L. J . Engineering, Inc . Lu/bh �f. �"' •_. " . HUNTINGTON BEACH CHAMBER of COMMERCE i ...p 16582 BEACH BOULEVARD,SUITE 224 HUNTINGI'ON BEACH,CALIFORNIA 92645 t I TELEPHONE(714)962.6"1 1 HUNTINGTON BEACH February 2 , 1976 OFFICERS • PreAidcnt • 90 5U1.LtVAN Automobile Club of So.Calif. First Vice Prerfdent DAVID r. GjA"OPw a City Council Union Carbide Corporation Second Vice Prcsll>cnt City of Huntington Beach JACK r>rEMAN 2000 Main Street Southern Califomia Gas Company Huntington Beach CA 92648 TrrasurcJ- ARNOLD SU"OAL► tkcurity Pacific National Bank: i7I'tt-=ORS GILL VAC14 Honorable Mayor and City Council: Fitt City of 11untington Bach JrROMC M.GAME The Huntington Beach Chamber of Commerce Board of Attorlcy at Law irAH aOTCLMa Directors at its regular meeting today,, voted unanimously to General Telcpkaone Company g g y WILLIAM COMPTON 5outhemC WorniaEdisoncompany favor your approval of Conditional Use Permit No. 75-23 . JAMES OE GUELLC De cuem d,Sons Glace Company [DALE 1..OUIIN It is our opinion that this tennis club complex will be Iluetiirwn Ilarlwor Corporation v"LL1AM rOSTCR Huntington Beach Company Compatible to the particular area within which it is located JAMES Iroxx FaxxDeYclopmcntCorporation and will provide recreational facilities to operators and employees JACK "PC LC United Caiifomia hank JC?HN MILE of industrial facilities suiTounding . Kabv AFtna TCVC 14CLOCN Very truly yours , t South Shores Insurance Afcncy ALLEN KLINGCOIBf,t TH Attotn:y at �.aw JAMBS LJ►NKIN Red carpet lzraiwr, Darrell Ward, President LnoLtaniLimi e ,,laic. FOR THE BOARD OF DIRECTORS wiLL1AM PCTERSON Bank of America 1'JA S&VASHCY ROGER7S Coast Dev;lbitstacnt Corivration DW/hg 10*f C ROLUNGL Western Mutual Escrow Corporation I l�wMNc scNrtnr+IL . - . .. . . u'rJmcn t()ivisicn P;csf�lcnt JERRY SHCA tiaatbV*n PeAcll Company p1,laitrMT TRI/R1P Terry fluick 4Aft RJLL WA00 Smith s KlormAry "SILL- WOODS • llttr40A A(fps comiury AL►M c KINC1% : , fir Ala 1�x ► r na6et i � Q� Tot Maio' s d MY Council City of Ntwlri aom Duch B,et CatxditiyoLal pas Permit No. 75-23 This letter is an appeal of the Platud ag Cosfa<ission decision of ,TaMU7 b, 19769 di"Wosing of the conditional use permit for conxtitutioU Arab opsratioa of a N,sarastlon Club featuring Taanis, Racketball, and DOparats facilities liar am aid Wcam. 'xb@ roasces. for denial caAered around concern that the use would chaps the character of the area, is )edixt industrial growth, and reduce than as ont. of prime iahAr3AL1 load xTail.able for development. There was also ooaacwrn over the oowAp+t of a rfcreatioaa uric in an industrial complel. We f+r i that the development of the requested facility will i.asparOTt the chances of gawlty drrelops t at an earlier data. It rri.11 not iNVO& aAY future jak,atrial sat , as the area its and wil1 remain zoned ivftAriallx. The property order hoe indicated that there loan been g roater interest in Jndurtrisl sang riaace our proposal was slue known. �. we bsll.eTs that there are sufficient reasons to distia vdah this area from otbor areas in tbich recreation usee were denied is im4extrial areas. I" 1. The proposed develo iv within a larger planned complOst assur'�R 9 higher dogm of emp'atibili+may than prior p�ctiopos�als Which jmclved development in an area of establ.iahed ixhwLrial. used sad differing ownsrships. 2. The proximity to the caotral park o*ss, the prop000d l0tnllti.4ta d*aRireabl.e for a recreational use. I Thanks fcr your dersti.aa, ........... v i It: calf! 91tei! ?lRunti�ylon ,�►r►th. csfilMthi� iittilk t 71+►} Sag-xSr! t 21 i} 3�y-SG�O i 'JA Huntington Beach PlAnetng COMmissiga ! •••• CALIFORNIA l:6" P.O. OrJX 1�0 T0: flonorable Mayor and City Council FROM: Planning Commission, DATE: February 2 , 1976 ATTENTION: David D. Rowlands I RE. CONDITIONAL USE PERMIT NO. 75--23 APPEAL TO DENIM, APPELLANT: Leonard 0. Lindborg 112 18th Street Huntington Beach, California APPLICANT: Leonard O. Lindborg 112 16th Street Huntington Beach, California LOCATION: East side of Gothard 1100 .feet south of Talbert i REQUEST: To permit the construction of a tennis club facility on ,approximately 4 . 5 acres of land. PLANNING COMMISSION ACTION . ON MOTION BY KERINS AND SECOND BY PARKINSON CONDITIONAL USE PERMIT NO. 75-23 WAS DENIED FOR THE FOLLOWING REAaONS BY THE FOLLOWING VOTE : 1 . The proposed use would impede future industrial, development in the area that is zoned MI. 2. The approval rJ such a use would probably lead to request for rezoning in the area. 3. The proposed use would likely break up the industrial corridor. AYES : Parkinson, Finley , Boyle, Kerins i NOES : Shea, Slates, Bazil ABSENT: None: PLANNING COMMISSION RECOMMENDATION : The Planning Commission recLvaends denial of Conditional Use Permit No. 75-23 . SUMMARY OF STAFF liBPORT: Conditional Use Permit No. 75-23 is a request: for the d�v ►logment of a . private tennis club C.C"Plax.. ' The fncilities proposed include sixteen (16) tennis courts. four (4) racquotbalx courte, a 9400 CONDITIONA1,, USE PERMIT NO. 75-23 - APPEAL Page Two square foot clubhouse , and 86 off--street parking spaces on an approximately 4-1/2 acne site. The proposed site plan is in substantial conformance with the develop- ment standards of the M1 Industrial Dlstri.ct and conforms with the policy requirements for off-street parking for this type of use. The staff report discussed the various non-technical planning issues related to a recreational use in an industrial area, the most basic of which involved compatibility of the proposed use with existing and potential surrounding uses, and a discussion as to whether industrial property within the City can and should be used for non-.industrial. recreational uses. Attached as a part of the original staff report is a detailed discussion of the surrounding uses and some information o: tained fran a preliminary industrial land survey for those parcels locatea within the "Gothard Industrial Corridor" . This information is the basis of the findings contained in the staff report and was intended to provide a background for a policy determination by the Planning Convnission on this type of use. ADDITIONAL INFORMATION: During the public hearing on the matter before the Planning Commission, Gordon Mountjoy , owner of the subject property addressed the Commission and spoke in favor of the proposal . Mr . David Dahl , legal counsel for the applicant , Mr . Leonard Lindborg, also spoke in favor of the project. ` Mr. Gordon Offstein , Mr. John Thomas, Mr . Frank Standard, and a resident of Carnaby bane (the adjacent residential area) spoke in opposition. ENVIRONMENTAL STATUS: The Environmental. Review Board at its meeting of January 6, 1976 granted Negative Declaration No. 75--83, having found that the proposed project will not have a significant: adverse effect upon the physical environment. The Board recommends approval by the City Council. Respectfully submitt , R card A. Harlow Secretary Supporting information submitted herewith: 1. Staff Report : . Area Map 3. Letter of Appeal 4 . Revenue Analysis from applicant 5. Letter of Opposition from C. William Carlson Jr . , Atty. RAH :JMC: ja r TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT DATE : January 6, 1976 CONDITIONAL USE PERMIT NO. 75-23 ZONE : Ml-CD APPLICANT; Leonard 0. Lindborg FILING DATE: 12/15/75 112 18th Street Huntington Beach, Calif . , LOCATION : East side of Gothard 1100 ft. south of Talbert REQUEST: To permit the construction of a 'r tennis club facility on approx. 4 . 5 acres of land. IL • �", r~ 1 . 0 GENERAL INFORMATION: Conditional Use. Permit No. 75--23 is a request- for the development of a private tennis club comp' cx . The facilities proposed include sixteen ( 16) tennis courts , four (4) .racquetball courts, a 9400 square foot clubhouse , and 86 off-street parking spaces on an approximately 4-1/2 acre site . 2 . 0�PRESENT LAND USE, ZONING, AND GENERAL PLAN INFORMATION : The subject property is presently vacant and zoned Ml-CD (Light Industrial ) . The General Plan land use designation is Light Industrial. Properties to the north, south, east and vest are both zoned Ml-CD and M1-A and designated on the General. Plan as Light Industrial . The property to the north is developed with an automobile and general salvage yard operation . Directly west of the site is the orange i County Refuse Transrer Station, and to the east is a recently developed wholesale lumber yard operation. Properties to the south are unde- veloped but have been approved for industrial sites by Tentative Tract No . 8788"X" . I • Page Two j CUP 7 . • :: �3 .0 ENVIRON14ENTAL STATUS : e Environmental Review Board has reviewed and posted Negative • The Final Declaration No. 75-83 at its meeting of December 23 , 1.975. action by the Board is anticipated at its meeting of January 6, 1976. The staff will discuss the knvironmentol Review Board action on the i project with the Planning commission at the January 6 meeting. 4 . 0 ANALYSIS : The site plan is in full compliance with the yard setback requirements, h0 ght restrictions , and development standards for off--street parking facilities. However , the plan indicates 86 spaces which would be deficient to the policy requirements of the Planning Department for this type of use based on the following calculations (16 tennis courts @ 2 per court - 32; 4 handball courts @ 2 per court - 8; ) , 384 square 2Q = 47 • for a total of 87 spaces) . The plan feet of clubhouse s Q p does h( wever exceed landscaping requirements of the M1 district. This project , as have similar projects recently processed by the City, raises numerous non-technical planning issues. The most basic of which involves a determination that industrial property within the City of Huntington Beach can and should be used for non-industrial recreational j rises, and compatibility of this type of use with surrounding uses. The property is located in an area of the City commonly referred to as the Gothard Industrial Corridor . This area is the second largest industrially zoned area in the City and was included as a part of a recently completed industrial land use study. This study provided a land use rating for all vacant industrial parcelo within the en•ti.re quarter section surrounding subject property. This rating indicated that the subject parcel is one of the most highly viable and developable industrial parcels within this portion of the Gothard Industrial Corridor . This conclusion is based on the following data information : 1 . Physical Characteristics : 1 . Transportation : a. The parcel is bordered by a secondary arterial. b . The parcel borders existing rail service. c. The parcel borders an established truck route. i 2 . Fire, Protection: a. The parcel has a good fire rating of 3-4 . 3 . Adjacent Land Uses: a . Existing - Parcel is surrounded by industrial uses or vacant property. b. Proposed - Parcel is surrounded by industrially designate" property . 4b CUP 75--23 Page Three 4 . Accessibilities to Utilities: a. Water -- Property fronts existing water mains sized to accommodate industrial uses. b. Sewer, - Property fronts existing sewer. main sized to accommodate industrial uses. c. Electricity - Site considered fully serviceable. 5 . Physical Features a . Soils - Parcel rated good. b. To o ra�h� - Parcel rated with n 5 - 8$ slope: re ativeTy flat is 0 - 4% slope. c. Drainage - fair: temporary drainage problem. d. Size : good: highly usable size parcel . e. Street Frontage - good : in excess of 300 feet . 6. Site Work Re4uired: a . Gradinc - moderate grading required i ' b. Removal of Structures - good ; no structures to be removed. Based on the above analysis, the subject site received a numerical 72 t f possible 73 mains i one f ti rating of out o a p 1 g t o o he second highest rated parcels within the quarter section directly south of Talbert Avenue. rt should also be noted that as a result of the Land Use Element Amendment adopted by the City Council in March of 1975 , a reduction of approximately 40 acres of industrial property within the Gothard Corridor was accomplished , the theory being that the remaining undeveloped acrea•le was viable industrial property. The issue of compatibility with surrounding uses must also be dis- cussed. The City Council at its meeting of November 3 , 1975 denied a .request for a private tennis club in an area designated Planning Reserve based on a finding that such a use would not be compatible with the existing and anticipated industrial uses . The use to the north of the proposed facility is a large salvage yard operation which necessitates trucking operations and can be the sours( -of considerable noise emissions. The .industrial use to the west is the Orange County Refuse Transfer Station which is a heavy trucking operation also resulting in noiace emissions. The use to the east is a . large wholesale lumber operation, with truckinq and heavy equipment operations. This lumber yard also utilises railroad service which abuts the subject parcel on the east. In June of, 1975, the City Council sustat ed the Planning Comm: ssion' ti decision of denied on a request to rezone approximately 20 acres of property in the Gotha►rd Industrial Corridor to residential. The -reasonsfor such a denial were the value of the property for industrial uses and encroachment t of non industrial uses into the industrial corridor. .IV I I ' • CUP 75 '23 Page Four The applicant has indicated that the proposed use could serve as a stimulus for further industrial development in the area. A similar tennis facility was approvea on property adjacent to the Central Park and Recreational Open Space areas and is approximately one (l; mile from this proposed facility. The Seacliff Tennis Club is less than three (3) miles from the proposed site. Therefore , the industrial development stimulus can be realized while preserving industrial properties for such purposes . Finally, the proposal when analyzed in a literal comparison to the Goals and Objectives of the Policy Plan, may be found to be in conflict with such stated policies. That is, the stated objectives pertaining to industrial development are : "Encpur-ate i dustrial development Help provide a diversified economic base b a. Creating more income for the City b. Creating employment 2 . Be located in dispersed industrial parks . Be convenient to existing transportation. Be compatible with surrounding ?.anti uses. ��5. Be aesthetically attractive . b . Be of a non-pol lut inq._,aature.,__ �•y'`r..---- -� The-<C" f f has -discussed with the applicant for .thin . r."qu€:rt_ a need�� for information on possible revenues generated from this type of facility, as well as information on the stimulus this type of facility has on the future development of industrial properties. The applicant stated that information on revenues and the desirability of having athletic facilities of this type within industrial develop- ments would be submitted. for Planning Commission review. 5. 0 CONCLUSIONS AND FINDINGS : The Planning Staff based o,u the above analysis has compiled the fo.l-lowing. conclusions:--,*--'-'----------------,.-.,-.---_.__.___ 1 . The proposed plan is in substantial conformance development standards of the MI district., however, the k ins is at an absolute minimum. 2 . The proposed site f.s a highly viable and developable industri parcel . CUP 75-23 Page Five 3 . Development of the parcel as a recreational use would result in the use being surrounded by heavy industrial uses. 4 . The Planning Commission and City Council reaffirmed the policy to maintain remaining industrial properties for such uses and have indicated that such a recreational use may not be compatible with heavy industrial. uses. 5. While such a service Use could serve as a stimulus for further industrial development , there is an existing tennis; facility less than 3 miles from the site and cunstruction is anticipated to commence shortly on an additional facility which is less (5. The proposed facility is within the general vicinity of Central'``` Park and will enhance the visual appearance of Gothara Street wii� t...h..,,in the Ml.-cD District surrounding the park. b . 0 The staff reconunends, after much discussion, that Planning Commxasa.on action on this proposal is one which must follow a policy decision rendered on the .Location and compatibility of these recreational uses within industrial areas. After review of the information contained { in this report, as well as supplemental information to be submitted by the applicant on revenues and the stimulus that this type of use may create within industrial developments , the staff feels it is essential that the Planning Con-viission must find that uses of this nature comply with the stated policies of the Policy Plan for industrial development. Therefore , the staff recommendu that the Planning Commission reach a policy decision on the desirability of these facilities within industrial parks , as this is not the only tennis club and athletic facility pending before the City for approval action . Should the applicant not submit the necessary supplementary inforriAtion for review, the Planninq Commission may wish to continue action until sufficient information has been submitted to compare this facility with those normal industrial uses which are being constructed in the City. The staff will be prepared to discuss appropriate conditions for the use should the Planning Commission approve this proposal . JMIC :gc v r � IL HUNTINGTON CENTRAL PARK CF-R i — ! Cep 15-)3 Ml-A i i Ml-CD TT 8788 X REViSE3 , -- -__ mi , LD T,ill00 s CF_C • � mePUT TENTATIVE TRACT S7 083, CO14'DITl0'.'-lA . USE PERMIT 75-23 LONE ill-LD, Ml sR T>cvc"rucx 60" PAPli1'M enyiRMYM REVIEW BOARD cnv W� HLWT14GTON KACH•CAUFORKHA •�, P.O. SOX 1" 9260 ,II TO: Planning Commission FROM: Environmental Review Board DATE : January 6 . 1976 SUBJECT: Negative Declaration No. 75--83 (C .U .P . 75--23 & TT 8788"X" ) APPLICANT: Gordon Mountjoy and Leonard O. Lindborg PROJECT: Request for the development of a private tennis club complex with appurtenant facilities (property ro the P PP south has been approved for industrial, sites by Tentative Tract No. 8788"X" ) , LOCATION: The subject property is located can 4 . 64 acres on the east side of Gothard Street between Ellis and Talbert Avenues . The Environmental Review Board, at its meeting of January 6 , 1976 , granted the above negative declaration, hawing found that the pro- posed project will not have a significant adverse effect urpotl 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 Boar', and the follow- recommendations for any structures to be constructed upon the project site : l . If the developer proposes to provide air conditio inq , 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 , the insulation in ceilings and exterior walls shall be a minimum of R-13 and R--? , respectively. 2 . All building spoils, such as unusable: lumber, wire, pipe , and other surplus or unusable material , shall be disposed of at an offsite facility equipped to handle them. 3 . An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the project property. 4 . All structures proposed for construction within this subdivi- sion shall. be constructed in compliance with the g-factors as :. indicated by the geologist ' s report, Planning Commission Negative Declaration 75-83 January 6 , 1976 5 . Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review. 5. Use of energy-saving types of lighting fixtures should be considered for the project . 7 . Crime prevention techniques should be applied to the design aspects of the project (e.g . , single-cylinder locks, etc . ) . I Melvin A. Tooker, Acting . ecretaxy Environmental Review Hoard :df r Yi N�I�Yl1.1. �A.,1 • 1«i�4• 0DWARATIY3 TAX RRVMM MALYSIS Property 5alee Valuation Revenue Revenue Present Ravenus t 15S Proposed Recreation Facility $6501000.00 169641 2t158 Possible Industrial Use 80$r000.00 21,,262 u3is of Goeputstlona 10. 2 Tax Rate � 57 Industrial Use $stitation of Valuation S10.00 per square root X 40% lot coverage I Lot size (202,200 sq. it, . ) Inforaation provided by Mr. Qiboneyt Senior Appraiser, Cott>taorcial- Industrial Departmea t Orange County Tax Asseano:rs Office. The above estimate does not include personal Frcperty or inventory. C 112 I�ti� �trrtt �lla�tir�3nnprstit, Ghlorniit 02640 (714) SJS-2579 (2W SOZ-5010 L&W or ricts • or C. WILLIAM CARLSON, JR. 46090 •tACN NOULLVANb wn�w COD[ f�.: *tLt01N1)Nr e•r Z•j/« suet � HUNTINGTON TEACH,CALIFOKNIA 02W January 28, 1976 City Council City of Huntington Beach P. 0. Box 190 Huntington Beach , California 92648 i Re: CONDITIONAL USE PERMIT 75-23 Rear Members of the Council : I respectfully urge that the City Council sustain the Planning Commission ' s denial of Conditional Use Permit No. 75-23 . Purportedly, this application is a request for the construction of a privat:e tennis club and related recre- ational facilities within industrial zoned property on the fa East side of Goth and Street , South of Talbert . Such a recreational complex is , in effect, a nonindustrial use within industrial zoned property , and would be one more encroachment on ;:he diminishing industrial base of the City. Undoubtedly, if this recreational facility is permitted to exist in this area, there will be additional requests for uses incompatible with industrial zoning . This can only lead to the detriment of the city tax base and the present industrial users in tn, area , certain of whom I represent. I , therefore, again urge you to sustain the Planning Commission ' s denial . Your consideration in the above is most appreciated. Ver truly yours, C. WILLIAM CARLSON , Jr. CWC: ad ,1� ' PH. (7141 091-7211 L. J. ENGINEERING, INC. 15081 MOftAN STREET i WESTMINSTER, CALIF. 92683 F+. TO January 21, 1976 a Mayor Norma Gibbs Members of the Huntington Beach City Council I have purchased one of the lots in tentative Tract 8788 which is facing the proposed Tennis Club . I am sorry I will be out of town on business and u.iable to attend the Huntington Beach City Council meeting when the requested zoning variance for the Tennis Club comes up . I hope my letter will suffice in Letting you know my feelings regarding; the presence of the Tennis Club in this Industrial Area . I am very excited about having the club there and hope you will look upon it wi )i favor also. It will be great to be able to quit work and play tennis for an hour before going home . I think the Tennis Club will be a real asset to the Industrial Area there , allowing a convenient means of exercise during, our sedentary existence . Sincerely, Leon Jone , President L. J . Engineering, Inc . LJ/bh i c 1, The Council finds that this use would be the best and most appropriate use for the property and eontOMPlat&I lay the Master Plan of Land Use and that. $uCii ase w-t 1 not tie detrimental to the value of property or i.mprovements or to the general health, sixety and convenience of tht:! neighborhood or City as a whole. I This was taken off the tape Bonfa ' s addition to findings . I � R t. 4