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HomeMy WebLinkAboutUse permit 82-1 - Wolfgang Habel - To permit a revision to t Superior Court OF711M STATE.OFCALIFORNIA In and for the Cxmintv of Orange Z CITY OF HUNTINGTON BEACH , ---PflQQFQEPl3I3LICAT10N CITY CLERK NOTICE OF PUBLIC HEARING S i t4eacallifornin I County of Orange I"- JEANNIE L. THOMAS That 1 am and at all time" herein mentioned WAII 4 citizen of the*Jnited States over the ace or 1wrrity-one yeam.And thpit I am not a party to. nor interested 6 thr Axwe entitled matter, that I Ism the, principal clerk of the minter cif the HUNTINGTON BEACH IND . REVIEW t. a nt"paper cfiteneral circplation,publi,.%he4i in the Citv of HUNTINGTON BEACH County of Orange and which ne",patler iq publif&hed for the diwmination of local newq and intelligence of a generni chArac- ter. and which newsitmpet at all times herein mentioned had and still has a bolas ride submiption,list of pnvirg subw. rRA-ro, and which newspaper has I*en entahlished, printed and ptih- liabed at regular intervals in the said Cirtinly of Orange fo.-it period vitceediiw tint year. that the notice. of which the annexed is a printed copy, has peen psiblighed in the regular and entire insm of said newspop: '.and not in any supplement thereat.zn the falkwinx dozes,to wit: AW MAY 61 1982 I certify (cpr declare)under Mnailty of ptrjufy that the forego- ing is in*arw#.*rreft. ... .. .. .... .. ..... it.this day or 11*1*ft rAr-jtM CUP 82-1 April 6, 1982 Page 3 According to the staff report dated February 6, 1976 , the Subdivision Committee met to analyze the proposed Old World shopping center prior to the public hearing . The Committee "was concerned with the poten- tial problem which could occur if in the European Village the upstairs living units did not house the commercial tenant below and was, in fact, rented out. The Committee believed that an overcrowding prob- lem relating to parking could result if the store owner below a residential unit did riot care to live within the complex and chose the alterrative to re•.nt his dwelling" . "The developer assured the City that this situation would be strictly prohibited and enforced through the CC&R ' s . The concerns of the Com- mittee were more to the point of its capabilities of enforcement if an infraction did occur . Such an infraction would be difficult to identify and would be hard to monitor compliance . " On September 23, 1981, a visual inspection by the Land Use Section disclosed extensive physical modification to the "Ratskeller" had been made without permits cr zoning entitlement---specifically, the second floor which was originally approved as being entirely for of- fice suites (five in number) had been converted to combinations of living quarters . The inspection revealed that there now exists but one office suite. Subsequent to the request for prosecution which was fa.led with the City Attorney ' s office by the Land Use Section, the applicant agreed to file the subject conditional use permit application . Howevex , to this date, the staff has not received any form of concurrence from the "Association" to go along with the applicant' s request. After analyzing the applicant ' s application, the staff views the subject request as being in conflict with the intent of the original approval of the "Old world" site. Further. , on site inspection has revealed that the upstairs units within the European Village are being rented out, while garages are being utilized for storage by the mer- chants . Thus, a parking problem exists throughout the Village. Because Old World Center was originally approved as a condominium project, any subsequent changes (i . e. conversion of apartment units to condominiums) would require a revision to the condominium map. it 7 . Q RECO NDATIO14: Staff recoaunend.s that the Planning Commission deny Conditional Use Permit . No . 82-.1 ba„ed on the following findisigs, and have the appli- cant restore the converted apartments back to their original office use. FXNi.JN,gS: The Planning Commission may approve a conditional use permit if it CUP H2-1 April 6, 1982 Page 4 finds "the plan will subst=intially comply with the requirements of this article, the Master Plan of Land Use and the development stan- dards for this particular use (9841 . 5) " . 1 . Based on th- Subdivision Committee ' s minutes dated January 23, 1976, and the staff report dated February 6, 1976, the proposed request is in conflict with the original approval within the European Village of old World . 2. The proposed use would put added demands on an already strained parking layout; violations of the Ordinance and Municipal Code coupled with complaints receiv:d by the Land Use Section confirn. that the parking area is over-taxed . ATTACHMENTS: 1 . Written narrative from applicant dated March 4 , 1982 2. Subdivision Committee Minutes dated January 2:1, 1976 3. Site Plan 4 . Area Map 5. Copy of CC&R ' s for Old World Village H?: j lm Minutcs, H.B. Planning Commission April 6, 1982 `age 11 pany, addressed the Commission in favor of the proposed zone change . He asked for a higher yield of units that What the staff proposed ( 290 units instead of 274 ) . He stated that the site could easily yield 300+ .!nits and that 290 units would be a fair compromise on the maximum number of units for the entire 9 . 8 acre parcel . The pub- lic hearing was closed . Brief Commission discussion tcok place regarding ni:.nor clarification of the area map. ON MOTION BY PORTER AND SECOND BY HIGGINS ZONE CHANGE NO . 82-5 WAS APPROVED WITH FINDINGS, AND RECOMIlJENDED FCR ADOPTION BY THE CITY COUNC'IL, 3Y THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1 . The -proposed zone change of this 9. 8 acre parcel of land from C4, Highway Commercial and Et2, Medium Density Residential, to R4-28 , High Density Residential allowing 28 units per gross acre, is consistent with the high density residential designation of the City ' s General Plan. 2. The proposed development of this property at 28 P Y units per gross acre, or a total of 274 units for the entire 9 . 8 acre site, is compatible with the existing and future land uses of the sur- rounding properties. AYES: Higgins, Livengood, Porter. , Mahaffey NOES : Winchell, Schumacher ABSENT: None ABSTAIN: Paone CONDITIONAL USE PERMIT NO. 82-1 ApDlicant: Wolfgang Habel A request to permit a revision to the approved site plan to allow re- sidential on the second floor of "The Ratskeller" in the Old World Shopping Center located on the north side of Center Avenue, approxi- mately 20 faet soutil of the San Diego Freeway. Two letters opposing the granting of this request, were introduced by the Chairman. The public hearing was opened . Dave Abadaca ad- dressed the Commission in opposition to this request. The public bearing was closed. ON MOTION BY PORTER AND SECOND BY ,IVENGOOD CONDITIONAL USE PERMIT NO, 82--1 WAS DENIED WITH FINDINGS AS OUTLINED by STAFF BY THE FOLLOWING VOTE: r. LGS.-FQR_DEAL: t i Minutes, H.B. Planning Commission April 60 1982 Page 12 bow The Planning Commission may approve a conditional use permit if it finds "the plan will substantially comply with the requirements of this article, the Master Plan of Land Use and the development stan- dards for this parttcu.lar use (9841 . 5) 1 . Based on the Subdivision Committee ' s minutes dated January 23, 1976, and the staff report dated February 6, 1976, the proposed request Is in conflict with the original approval within the European Village of Old World . 2 . The proposed use would pub: added demands on an already strained parking layout; violations of the Ordinance and Municipal Code coupled with complaints received by the Land Use Section confirm that the parking area is over--taxed . AYES: Higgins, Li,,,rengood, Paone; Winchell , Porter, Schumacher NOES: Mahaffey ABSENT: None ABSTAIN: None CONDITIONAL USE PERMIT NO. 82-2 Appli ant: Irwin & Associates, AIA A request to approve a church :Master plan on property located on the south side of Hamilton Avenue, approximately 715 feet west of Brook,- i hurst Street. Staff informed the Commission that learned from the Building Division that Condition #11 dealing with a geologist ' s report, was not neces- sary and, therefore , could be eliminated from the Conditions of Approval. Also, the wording on Condition 08 was revised slightly. The public hearing was opened . Speaking in favor of granting the request was Mr . John Thompson . Seeing no other .persons wished to address the Commission on this item, the public hearing was closed . ON MOTION BY HIGGINS AND SECOND BY LIVENGOOD CONDITIONAL USE PERMIT NO. 82-2 WAS APPROVED WITH FINDINGS AND AMENDED CONDITIONS, BY THE FOLLOWING VOTE: L=;kjGS FOR APPROVAL: 1 . The proposed church master plan substantially complies with All provisions of the Huntington Beach Ordinance Code: parking, landscaping, setbacks and architectural design will not be de. trimental to the health, safety or general welfare of the neigh. borhood, or the communi.ty. 2. 'The subject property is suitable for the proposed chureh expan- ait n and , will be compatit:le with surrounding residentia•1 uses r�� April 10, 1.982j04.r�� p C u P Dear air, I would like ts) appeal on the :second half of 1iay .. The ground rules are : I can' t rant 'the upper offices of the second floor of the Nathou -,e building, but I have more possibility renting it as an apartment . I see no problem in parking space , because I require less parking than commercial . Sincerely, 4 . .aolfgang Habel Own e r r. GI Publish May 6, 1982 NOTICE OF PUBLIC NEARING APPEAL TO THE PLANNING COMMISSIONS'S DENIAL OF CONDITIONAL USE PERMIT 82-1 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Nuntington Beach , in the Council Chamber of the Civic Center, i Huntington Beach, at the hoar of 7:30 P.M. , or as soon thereafter as possible on Mondjy� the 17th day of May 19 82 . for the purpose of considering an appeal to the Planning Commission' s denial of Conditional Use Permit 82-11 a request to permit the conversion of existing offices for residential purposes in the "Rathhaus" of the Old World Shopping Center, located on the north side of Center Drive between Gothard Street and the San Diego Freeway in the North Huntington Center Specific Plan Area. A legal description is on file in the Development Services Office. All interested persons are invited to attend said hearing and express their opinions for or against said appeal ,. Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach. California. 92648 - (714) 536-5227 DATED May 3, 1982 ..� ,,.W._._ ..�.,.� CITY OF HUNT I WGTON BEACH By: Alicia .:. we ntworth City Clerk .r Y I Jur en''�. Bless declare:� q 2 1 am the pastor for the Lutheran Church known as Old World 3 Community Church, a nonprofit corporation, located within the 4 subdivision known as "Old Wo;:ld" or "Old World Vi 11 aqe", 7561 , 5 Center Avenue, Huntington Beach, California. The membership of 6 the church is made up of shop owners , ate residents, of Old III C 7 World .-) My address is 7561 Center Drive #18, Huntington Reach , 8 Cal i Eornia. M. -phone number is ( 714 ) 893-7077 or (714) 892-0609. 9 Sometime around February, 19790 while my wife and I were en- 10 route hack to Germany from the Southern California area, we heard 11 about a European/German village community in the Huntington 12 Beach, California -area. When we came to see the village and saw 13 the church building, r made inquiries about the church and church . 14 services . T do not recall who, but someone referred me to Joseph 15 Rischof (hereinafter Dischof ) . As I recall , I was told that 16 Bischof was the president of West Coast Soccer League, the 17 company that had built Old World. During my meeting with 18 Rischof, I learned that there was no pastor for the church and 19 that no one was conductinq services in German, even though most 20 of the show owners and residents were German speaking. I 21 volunteered to Rischof to conduct services while r was in the 22 area and Sischof told me this would be all right . 23 After the first service, which I understand was advertised 24 in the German paper, I do not recall the name of this paper, or 25 who placed the ad, I received several phone calls requestinq I 28 continue to conduct services. '$? ifJR�r�tMR 'rU+�CaiMw�u •N 1'1�r�.I�YLWM YIY.Yi�� i8 �.rlN�rr ilia iiYfiid OiR1i�r. UrN�r �CMOR�t1l�Ji Wr� ""��'�`�'�"''""`••'-'_._.�-- - A,; e�+r.u.M�►kr: aftax,. v. began,.ho.lding . the%servicts I-,rpoke'."fbIII, ► :, Mt.. :RI`#rre,: '1 �a. n�t .. �ttcaill` hi'r title cr furr'ct�'on 'at' 'the"`t'i'r�e :.:and 3 fth`:5iwchbf. It" was at`'-this '.time, Bischof`' told me; he ,would,�.take 4 f evatyth'ing and that i `could use the churoh 'kyuf idinq ,,for tir►�iy :.har.vi'ce* at: no` charge. I 'was unaware of eirelxot 's :statu .�'th ii .*i' age, thereinafter, Oil` w6iI'd oY that .there wag- a � meorintr irasoto —iation which I should! have included', tn' wv aicrang,eme ts vkh Bischof. I- assumed that Biachof Nid - the 9 <: au`tharl,ty to tsuthorisr my use of the parking f&oilitLes and- to °church hui'ydinq hacated, v thin Old World. 11 Sometime around March or April , 1979 , I coo not recall the 12 exact datep I attended a homeowner association meetinQ, and 13 announced at this meeting my intention to hold church services on 14 a reqular basis. There was no discussion during this meeting or 15 after this meeting regarding trey announcement. .. Sometime �ardune th0 -.. . .. p� , 1e end of 1979 , Bischaf a. roll me tegardf'nq money, w`hi'ch he Indicated was tn. . cover ' the',cost of 18 '• association fees. We, rea'hed� a verbal i mai,ntenr�oe. and homeowner 19 aigirekiasnt, w r eby- BischoE received , on a fee basis, sa *.xu'ch 20 Ana ,er,' ev,ent, i.e. , weddings , m bingo gaes, . etc. , .held at. the YP` 21 hunch exoluain gund y church ser-il . 22 From approximately 1980 on , Bischof approached me at 23 different times to offer to sell the church building to me 24 directly, or to the church corporation. 25 17uri69 ttie same period of time, the church corporation has 26 rented? on a yearly basis , the bridal shop (Unit 18 ) and music 27 shop (Unit 34) 0 both of which I am currently managing. eau �►rs� /*O 113 reef. 9•711 -2- l On or ebo the first week in oecem .. 1981 , the church 2 counsel approached Bischof about purchasing the church building. 3 A real estate agent, who was a personal friend of one of the 4 church members, assisted in writing the offer to purchase. I do b not recall the name of the real estate agent or the church B member. A copy of this offer is hereby attached and made a part 7 of this declaration as Exhibit A. Bischof refused this offer, refused to write a counter g offer, but did qive us a verbal counter offer and all counter 10 offers negotiated from this point on were verbal . 11 Well, the church counsel and I, were unable to come to an 12 aqreement on price and/or terms, even though several offers and 13 counter offers were verbally proposed by both Aischof and the 14 church counsel . 18 We continued these verbal negotiations in an attempt to- 16 purchase the church building from Bischof until sometime between 17 June and August 1982. 18 Sometime between June and August , 1982, during these last 19 verbal negotiations , Bischof told me that if I or the church 20 corporation 'did not want to purchase the church building, he had 21 someone else who wanted to buy the church . 22 it was during this time (June-August , 1982) , that we, the 23 church counsel and I , decided not to purchase the church builditiq 24 as Bischof would not settle on a purchase price, would not write 25, down his offer. to us and wanted to establish a sales price 2f different ' from the price we were actually going to pay for the •27 church building should we complete the purchase. A copy of _3- N�YR N CNM• !STD. 113 4 nir. 9.1 A I •ep 1j.Tan OWWRu M 99 Who# to OWOM the rriw &W pftofttv. Unite R"q"nsQ n 64nso oaf below•ne tnr 640AVO copy n.uv...a..CyT«.to yw4w"of o*ww. 10k the 6#11ft that L.4*Vvh*MOW WW VA 906t:1 OWN a ritwsnrd, thaiv r•.644 of 6*ban IMMt. I Bischof ' s notations concerning the last purchase price and down 2 payment that we spoke about is hereby attached and made a part of 3 this declaration as Exhibit B . 4 Since June -Auqust, 1982, there has been no negotiations for 8 the purchase of the church building other than perhaps a passing 6 remark to me from Sischof , such as , "when are you goinq to buy it?" aft During all of the negotiations - to purchaser the church, from 1980 through June or August , 1982 , there was never any mention of . 10 the public report or the need for one to be given to the, church 11 corporation/church counsel as part of the purchase papers, which 12 I understand Is required by the Department of heal Estate . 13 BischoE never mentioned the public report or the need for having 14 an amended public report if we purchase the building during our 15 June-August, 1982 negotiations . 16, I declare under penalty of perjury that the foregoing is 17 true and correct . 18 Sighed in the City of if.,::t'r.r; State 19 of California , this 1_, 1. day of April r 20 1 g•''• 21 .22 S gnature of Declarant _ Rom* Address: i -.�"��?� `C� �i G % _.-�? 24 Nome Telephone No. `s ) �j �- •.ti �� ,fi business Telephone No. . .....�"r....r, rr�wir� r-vim ...�..�.,rrr • rr..�+r+ r.r��r �r.w.A��w.r..w,.+ 28 Busi Hess Address : 27 _q-r PAO" A ANY COMPLETE PA W•jOB i� '�E Ci t t XTdot— ,. r o We prep&se a U surfaces a Neat and Dependable •- - 6 :atls!'actlon Guaranteed a Mammas #>s y�cr area ACOUSMAL GAG ,Fit $ as - i y today for free'estimates • Qw ' 111'i3 VOLVO 145 E: Statwhmon, tow mites on rebuilt engine, . . CHRISTIAN MOTHERr Wants to care for infam or toddler,full tj very ctem, 8940M s4sam :� _:'_^�'�: �t��or pad-llm*,-954.7713. MOBLDIOMES TiiiAOUawour ORANQ11 COUNTY: Many 10 MAJOR APPLIANCE PAIRS:Your home.113 yoars exWet m' •x' chow hom. 1014011nancin%25 yrrra to pee.We(Uvin9,(714) Mike Uwyer's Appikme. 13292 Euc0d,.=4234 Co MAGNETIC SIGNS-1603fiX ADVERTISING: Cars trucks - i 8Vn/1MW�81�OFrr"EAR SALE, Narn a brands,to,Va•off. _ . users► rfz coat of Pa+ -(714) 842.9097 . MitsM jur*m 13tgantir 1434t'Beactr;' Vlheeaminsteriec (T1a) 8ti2.68.'39 _ ... . WALNUT BEDROOM Hens 8 drawM with beveled mirror, . 1 - '` his 4 drawer S2dd- Caeys (714) 81&085g aria. 29% was. (714) ` 11 T>9Uar 310K1>Ii: 2 dd0r, hatchback 5 spend, stereo, ex- I348.0143 . -� �• �'��.�_;�i 3�":��:�'��� "14mit condition, hsida 8 out. =250 offer (714) 9$a'1.3545 _ : •Y-Ya�.h ••.w. } 1 ' - -.,19rr PLYMOUT" ARR01Mr,%utartratle, air conditionir�. st►etaMp PAIINTlii G SUMMER SPECIALS:InWim SZ M swage ruin..:;,;skies,good condition.rarigir�ai awrwr,S2A00 mb o.(714)9t3$-949? Exterior S 9920 average,house-13mfessianai-mwrk:Guaranteed . 43Z-73 .-" `•�': ;' •� s{ :t:rHUNTINGTON MIJSiQ' >t btri our used mu:icat IrtatrumeM or . f + self it for you. HuntkVm Musk, 848-9280 t1 A F! MOVING A STORAGE: Lowest rates Llcenssd,insured.-- - " Ssme day,vrAce. (Cal-T-V=7) V14) 8,34•R994 TRAVEL.TRAILER: tr :olcrad 2b; self-cantzir�sd, slaepa 4, TV antenna and air. Clean• 5250 L 348-3128 - r �`v,25'lr OT0111140M>E 190:Only miles,A-1 cmrulitiort,20'awn- ; e��ll vrt roof..$19 000.(714) 531.3941 lgas4 GMC CAMPEFt'��lh:Mini rtratothe+me,fully sNf�orttatnad, :- mu►at see to appreclase,a19,000 MbA Sell or trade.(114)533.205% ' DIffY MCUSES WANTED:l'b0ng supplies. Professional; per--,...-(714) S38.7021 eeorrallized cleanirtg.,Wtndx.534.8843 aftemmns: - �• .� .., �•.�..��_•. PATCHMAN—DRYWALL AND PLASTER:Specializing ire water damage and plaster.-Z Cell Kerry� (714) 771.2341 •�rz, II.ASLE. 1';ltir�l'y�tOff•*BbGh;'c#If1d� . � Y� ►, Mr►�,9'"' DjGirrt1w111�C�'� � �...: , .. CARPET At WHOLESALE- Wiry pay'stors prices? III briny C1 I .a wlvv like Morritny,pr+e-srhoos acdvitf txaaMist,t" sarnplss:auarsntesd ,.Deer. Gene Carr, MA) 834-a738 lele'rCk braoithuraNilAcFdiddere (714) 83r b3-z9 1083'THUNDERBIRD TURBO COUPE: 4 c ylkider;5 spied,pew r , YVICM CHAIR:High back,hand-made in Iva Philippines.$50_ everything,AMIFM stow ;Out all extras.24,000 miles,19 month m'4) 60b wNrranty. PROFESSIONAL HOU SEKEEPING FOR CAREER PERSON:No SUPER SAYER'S„'A+CtION AD"'OFFICE HOURS:Monday tlle'u �timi to dean? Call Wendy. (T14) 958-0St4 Friday Sam-5pm. ENZcirrg Hours TUESDAY A WEDNESDIIY>i{ BAW. P.M. MCNise ar FW. . Call 547-47DO KIND, EXPERIENCED HOME HEALTH: NUASESJAIDESILIVE- ADDITIONS-•rRE.140V LING: Patios and new conetcuclbn INS•"Fet'you or your leaved ones. Call CCI`1S, (Tt4) 998•9T11 Duaure's Construc'.:cr+, (n4) 534-MIS COUCH,MATCHING CHAIR A COFFEE TABLt?: Excellent con- 15ll CHEVY 3i TOM P CKUP:454 automatic transmission,power ditime$196. Kitchen set,$35. Wet 8 dry vacuum ciekntr, 315. steering, air, ,tape dew sf>kbuiit iAs, nsw radials,$3600 o.bA KITCIH9N CABINET IREFINISOING:Highest quality workmanship "BALLOON 130UOUETB FOR DADSIGAADS!" Celebrate with at ioweret pgasible primes. Kean, (714) 840.1773. personalized Myler Pr,-.WA Swquerts with decorative*techmant. STYLISH 2 DILDROOM12 MATH 0oubie g"e r $20. (l14) 842.495ti? .. ;. :" • _ • . • 10 SPEED BIKE:NerCs worts,S1S Ladies ,•..,• �.._... .�......,..' 34p+ed bike,;LS'G. Mon- w11Ift11>R AREARENTAL: 3 bedrom,'3 car garage, fireplace, da 4.50 frame. $4 531.72M. lefder"ck.Many extras, $900. 53"190, 13eest Aeatty. •i + [�,L- - � . t •�• 'r Lr,. •. . n•� •.• .•�.�1 rr_. t -•r•_. •� ,". .. �..r. _. , r 1��. .. . '• - :-7I�T{', b}-.;, •y�.�'w~•t .��~+� aMh`�•i�."�lM.•�'�• ./J' ,�ia��t�j,+• ,�� .L�,'• •.� ••,. � � '� 'I►6i 1 CM1N' A�srw� �A 1{i [' Na tin6tolr d 1�,Ca, a?6Ir7 1 All b, wurlb VW111'age (Qureb FfiM Do".CA 7144W-0609; K . T 1 3-ia77 AMmn Coffweirw jutrpr W."N Itr,Psstar f6A � r Y 0NNE ROFE 1 � 756 CENTER AVE M 2 fi. HUNT BEACH CA 92641 . WORSHIP SERVICES: 0930 English • p f OL•Y COMMUNION; 1st & 3rd Sundays • English Urvlon 2nd s 4th Sundays - Cwman SaMces 1 w_ Dear friend and Supporter; This letter is not easy to write for It concerns the business side of Pastoring tog congregation. host Pastors prefer to leave finances to someone else and I ar,► no different in that respect . However, since we are a very small congregation, even this is handled by the Pastor. � ►�I r�} y rs :;t ►`e owr ari 'o f. .the Chutdh building in the ir-�pi*4+ml;,kig o ohtisvallowed sehas alt owed o4r congregat ion to he hs charged "us arV Cos , ' 'Z fee t+rr ••gin eptember 24, '1981 t.r. Bischof informed me that the congre- ga•CLon Could buy the Church for $36o ,000 , with 150 ,000 required as a down payment. The main question of course is , can we afford it, -and should we "dare enter this ven cure o I believe very strongly that almost all of our members have been led by the Holy Spirit to this specific Church 'including my- self, I had no .intentions of remaining in California with any fanz - ily and here we are doing God '8 work. We are as a congregation doing mission work amorg young couples , N =ho.:are lookfng for a home church, many are being turned away by 'tho leading churches because they do• not meet their standards and fir. those of you who are thinkinG Just a little reminder-� of how our Congregation could pur- chase the church let us enumerate Wednesdayni~ht ;ig Bible .study, we �. just a fey» meet in the $notu$ry at ? 30 pm. .his is a 52 week course; we ,take �' 1 , 00, -- each a journey throw h- the Bible to give 1. - 1;0� persons .,• Q � g 2 , - 00 persons 10 , t00. - each those a foundation who 'have not . . p been able to study the, ,entire Bible 10 pers �..� �,�C 400. - each before. For those familiar with If: our. foal IE: 100hed at in this the Bible it is an excellent ra- �aanncr of ^ - •�� - it no loner sEerns fresher course . " '"" ` " You can start at any time, it so overvha 1 z::.t:_• is not necessary to wait for the r course to start agafn. � �} 1 i1 t► wC L jr. .ratr" i'►u�i' tO.;,.,:. O.L • a s e d 'e �►] ' Avest men t'. _...y�" a,....... cque .. ptaY.aad RgZ__Q gr-9h rles *Christmas is just around 'UN, 3arfor the corner and Diane Hearn and a . .- e a y `1-6ns,,�a�e Jean Bre��rster are beginriii�g• to Tian ' . -�= r uh program, please of you wish to : "hSMIS" -it.G WTr a --tom- o --- help, have idea, contact them or the church office. f O. c v�Q . . , Gloria patrona who continues to carry our musical program wvuld �---- like to encourage people to reveal r� . onside. it if you can, come their talents, talk to her about the Church o.f 'ice and talk it what you would like to do. over with use Also the. Pastor continues to If you tl:irnac you can`t do pray for a choir, let us come forte anything for the ti3c: ::oz�ld Church Ilarc3 a. �ake a joyful sound *, rn3 • we ash you to pray for use that is and remnains the most important � ✓ thing to d o . The Church Bridal Shop :offers 'a couple �e line of nuptial needsb If you are planning a. wedding's or • .Sr know of saaraone who will be rtar ! r ied soon, you are invited to ti s•t )p in an?, nrr)% se through our �- wares . For more information, Call 893 -70 7• Yis , all tM s and mora every Thurs- day night . :•'here , do asp: , can I f;n�' all d.4 -hils? Gome on out to Do you have something I -I-ad-C-0 and have this fun-. ,with hanponing and you'd like US ^he doora open at G 3C ; but everyone to know about t,;e .fun really starts at ? a 30: , ! X. %/:� " i�7 Cull the Church ; Goi�.:e ear] nn�1 -cat $ good seat. . M ice a Ll 8 3--7077 anu let us knoti♦� .0.anl'ic'enyiall I 'm u tti ` all :'�e'11 be sure to put it in the tioney on C-47+ ? n`' next "Apostle 7reebie" : . ti'Ir ..L!!'1w•�•'lf:�•�'�"ARl6wn+/:h'r 1'^ tel►MJ�I�N L/� r.le.�J V-.,.-........ ....r. -r..,,..� ---.--'-_- --- - -- - ------ -- --' � CALIFOHNih ;� Q: .. IflAt. USE TAX 80AA0 ., •. �r% UIT0. CAL.11.011NiA 950(f7mbsts 1 , 19d3 •- :�7 •j .,.E in reply sofer to 34taAPPaAZh rlaztg -' cv* Man Evangelicial Luthexan Chusch iei America • 7$6.1 Othtos Ave . , 10 ' Huntington Beach. CA 91647 . Putposo a Church -Fora of Csganiration = corporation Accounting Period Endings Deeombez 31 ,., y-• �; , Organisation Number j. a.; �j>:.'.,:;._ ,,�•,'t c .On' ' the basis of the , infozaation submitUd and-provided Your, pxese�nt . „operations continueunchanged or confaza to those proposed in loui : pplication. you are exempt from state franchise or income tax under Section• 23701tt, Revenuer and Taxation Code .* Any change in apesation , chasactes or, purpose of the organization suit bs . reported immediately 'to this office so that we may detexsein' o that effect on youz exempt status . Any -change of name . or address also Oust be reporter . You are required to file Form, 199 t Exeempt • organization An:i :- . Info�xmation Return) cc Form 1993 ( Exempt Organization Annual Zn14ia►at1an *Stat*m*'nt) on or belaree the 15th day of ; the Sth month ( 4 1i2 ' months ) niter the' close of your accounting period . Sae unnua l . . instructional with fozmx for requix ements . Y,6u -.^xea -not ,required to file state franchise or inc djna tax returns' ' ,. unAmss you have income subject to the unrelated business 146600 tint under. Section 23731 of the Code . Xn this ave..!: , You t.ro x4�iluirud to idle roses 1o9 tEnempt arganixation business Income Ttsrs Ratuxn) Jjy the 15th, deay , of tho Sth month ( 4 1,e2 months ) Niter the close of your ae nuaV accounting period . =f the" Organixmtion is incotpokatfng, this approval will expire unlos:•s } srArion %3gisa9mpleti'd wit? the Sacretaxy of State within 60 days. :EKewpti.an ,�aEraae NI #ederal Income '-or other taxes and other. state, taxes tequ3,i4s s6p'eZAto•; aipplicetions. D. Hataido suposvf oz (:entsal Audit Section . . . ' 'TeYiph'one . C604� �l1�2��711 � .. •� . toe Snare taxy of Stater -': 11`t•• .4i08—AYS (YtLY: iO�i 1 ) , Internal Revenue Service Department of the 'treasury District director . asaK DEC 1983 E�rW IdMMMeow NO M 93-3832681 AwNwtlns Pwlee L-Akw Decombez 31 Fence"0 R "Uko* YU He p Common Evangelical Lutharn Church CaKa It ' in America I. Hill 7561 -Center Avenue No, 16 Camu tTWephone Numbeg Hunciniton Beach, CA 92647 (213) 688-4889 . . Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your- application for recognition of exemption, we have determined you ere exempt ' from Federal income tax under section 501(c) (3) or the Intarnal Revenue Code. We have further determined that you are not a private foundation within the heaning of section 509(a) of the Code, because you are aa. organization described in section 170(b)(1)(A)( i) and 509(a)(1). . lr your sources of support, . or:your purposes, character, or method of operation cmange. pleaae lot us know so we can consider the effect of the change on your exoupt status and foundation status. Also, you should into= us of all changes in { your case or address. Generally, you are not liable for social.security (PZCA) taxes unless you„file a waiver of exemption oertifioate as provided-in the Federal Inourano6. Contributions Aot. It you have paid FICA taxes without filing the waivar, you should contact us. You are not liable for. the tax Imposed under the Federal Um"ployment Tfix Aot (F'UT.A) Since you are, not a private foundation, you are not =bjact to the excise taxes under Chapter 42 of the Code. However, you are not automatically exempt from other Federal exaise taxes. Ir you have any questions about excise, employment, or other Federal taxes, please let us know. ' Donors asy deduct contributions to you as provided in section 170 ,of the Code. 8equ"ts. Yogacies, devises, transfers, on gifta ,to you or for your use are Asduotible for Federal estate and 'gift tax purposes if they most the applicable provisions of sections 2055j 2106, and 2322 of the Code. The box chocked in the beading of this letter dhows vhether you Rust file Form 990 , Return. 9f Organization Exempt from Inoane tax. If Yes is cheoked, you are rs9uLrrd tq lSle Form 9W only if-your gross receipts each year ara normolly spore. than ;14 It a return is required, it must be riled by the 15th day or of the; fifth north 'alter. the and of4olar annual accounting period. The law imposes , a °penalty 'ot 510 a day,- ip to a maximum of .05,000, when a return is filed fats, sa2aiso' there is re"onable caust for the delay. r C1. MoM43A fare A014tost CIM. 90063 letter 947(00) (5-77) the Residence or 11PAny, garage area- assigned the Rf-sidence. ` oct3c�r� A Dwell.in Unit tnust at ahx times:: q' be 'occur led D" a'r'`an" Owner--O rator a Mana '~ { p y, pe �gerdherator, or a hes 00-operator of the 'Shop below that bwelliKg ,Unit. "Owellit►y mv,:'ih& . ,S op" -are defined in Sections 11 and 12 , resO.ectively � 4t �►rticld', I. ^OwnerrOperator". shall moan, and ..refer tb: tie; pokilon'':Or.",persons who- axe;-.the- fee owners ,or;ton t ini t pusoi~aserii, of ;.thy ;.'Building" as -defined fn "$e!ction 10 `of 11rticl'n , I agars-bra too.".ffiha l l I: enan :and' refer ''to the person who' 'f a 'brim*r . `c ,r*q0 of the manayemeht and operaflon `of '.:th'e• Sl op. .:. "Lessee-Operator" shal 1 moan and refer to t he person who has , leased the Dwelling Unit for his primary residence and who has leased the Shop for his operation. ' Section 3. No noxious or offensive activity shall be carried on, in or upon any L'ot or the Common Area, nor shall anything be done therein which may be or bocome an annoyance or ,nuisance to ocher owners . Section 4. No sign, billboard oi• other advertising device of any kind shill tat! displayod to the public view, on any portion of the Project until said sign , billboard or other ad- vertising device has been submitted to and approved by the Architectural Committee . Approval or denial shall be based upon shape, size, design , color and content. as complying with the standards set by the committed and thi i Decl arat ion for the 61d world graft-shop type atmosphere to bo perpotuated by these, -, ^ reet:ric:tivn:� . Provided, however, that all si.gnn otherwise per mitted undor this- Section shall con Form with thy: city ' s S.qn -]1- 7-29- y6 l ,�. INTER-DEPARTMENT COMMUNICATION To Mel Tooker From Dave Eadie., ��•' Associate Planner Senior P ann� Subject European Village CCAR' s Date y Jul 9 7a76 the followingis the wording which will convey the Cit s g Y Y ih"Centions regarding the operation of each condominium unit within the area of the European Village complex: An ownar,`�a yz Ia&" b s styo�: and dwelling 'Y -'SR '' 7 ) N '�a a� a� - it r f'n{ a a t tar , p VOW p ovi i t';'"s r (t►hIr '1.w"lla l�q,;�eirid stop :as 'a aova iin I "r of ;alosr :rttsis it the' °dw�ehlfrg utiit `ova 611 woo i . suggest;you incorporate this understanding along with other points of clarification you wanted to make in a letter addressed to William C. Holzwarth and Unsworth, Law offices, Security Bank Building, 888 North Main Street, SantaAna, California 92701. As you know, the developer is anxious to get started th the project and every attempt we can make to expedite development would be appreciated. DE:gc . . 1 • IN THE MUMCIPAL COURT WEST AMICIAL D15TttIC'r COUNTY OF ORANG4 STATE OF CALIFORNIA i THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, ; COMPLAINT• s ) No ? 3UERGEN WERNER BLESS 3-3-42 ) BORIS KIRAKOSSIAN 10-25-29 ) 340-4424 LEVON KIAAKOSSIAN 2-10-43 ) MICHAEL MINASIAN 12-5-34 ) r - - ' - Defendant(s) - �_ - _ ' • _ "i =:` . . . _The undersigned hereby rectifies, upon information and belief: 'That_ at di1r�.''d ' .:; -; r • above County and State,"tiie defendant(s) hereinbeiore named violated the la -asoll ►s: - COUNT I::-On or about 2�13�-84,':1 GEN'WERNER BLESS, BORIS KII KOS AI and.-�`� LEVON KIRAKOSSIAN; did willfully_and unlawfully permit to.be operated,��or, air, staff, or-participate In the promotion, or :supervise, _a bingo game sut Ited7 y`• er►a1 : _Code Section 3Z6.S; by persons-"riot -mernbers of the authorized urg izafn� ►hlch .organized It, In violation of Penal Coide Section 3263(h), a Misdemeanor. - - COUNT 31:• On or about 2-20-84;__3UERGEN-WERNER BLESS and�ORIS'KIRAK0SSIA' p . - did-wlllfuhy_and.unlawfuliy-permit to _ -operated; or-opsrate,-or,staff,=or-participate In _ - the promotion, or .supery,ise, .a.bingo.game•authd-rized -by Penal-_Code-Sectlon;326.5;_by persona not-mernbe�s of the authorized-organi�tation arhich org4t'tlLed it, in rlalatian of -_ - Penal_Cbde Section 3Zb.5(h),-a Misdemeanor._ - J COUNT' ill: On ' aboulr+2-2Y-84 3UERGEN'1X!ERNER BLESS BORIS 1KIRAKOSSIAN.and MICHAEL MIN did- N (fully a0d unlawfully permit'to be operated, or operate, or staff, or .particlpate'In the promotion, or .supervise,, a bingo game authorized by Penal ' + Code Section 326.5, by persons not members of the authorized organization which organized IR In violation of Penal Code Section 326.5(h), a Misdemeanor.' _ r' _ Wherefore, and based up�oh= he declaration "att whed,-aaId wmp1kant-_rays 'that= a _ { _-_ *arrant may be Issued for the-arrests of'_t� - def"endant(sl.herein named, aril that said _. 4efendanss(s)be dealt weal according to the li V** `'- I declare under penalty of perjury that the foregoing is true and correct. bused at Orange County, Califorru . On 5-22-34 r Complainant VEMn S4 W7593 HBPD �hER16y true " the kip �b r►d oared ► the within nrrlod cw4. ATTEST y h#nd ►his .-....der ofi..-..,_. ........._...., 19 Ri ARD J. wACK, Ckrk ww aaunrr )AMK Asnhtr . DVUw 4NL*V,r.V re a +ul�, IrU• .tin j t`t,j rk cd copy i j ti� tritf� r�a.rd cause my, this,1_ day RICH RD J. WKK Clerk �fSr (CArAA UOUtM JUDICIAL UISMCI iW2t;ry CLEW 10. I understand the "following,;sentence will be recommended and if it is not so imposed, that I may withdraw -my plea: s. I.S.S, & Yes of nforna / formal (circle) 1gobatlon, violate no laws. C! b. Pays fine of $ Z h plus penalty assessment. bJW ce Make restitution (Mandatory: if probation -- 1203.04 P.C. ) . (1) If victim involved: pay $ --r'' as determined by the court; CAR er orm community service as or ered. [[� (2) IF `no victim involved: pay S, ($10.00 minimum) to State [c2j%,vBl Re,sufutlon Fund. ' d. Serve ' days in Orange County Jail and pay cost of incarceration as ordered (1203.1c) . Credit days actual me. [dam e. Pay $ (11372. 5 H&S) f. Other d .LVIltz lie (Terms (a — d) are in order for making determination of amount. (1203.1d P.C. )] * Required upon conviction of H&S 11355, 11357a & c , 11163, 11364, 11368, 11377, 11382, 113831 4 -11550. `11. My plea of guilty/nolo contenders is entered freely and voluntarily, and without any threats or promises made tom except as to the recommended sentence, if any. - DEFENDANT: I have personally initialed each of the above boxes and understand each and every one o the rights outlined above and I hereby waive and give up each of them in order to enter my plea of-guilty/polo contendere to the above charge. GATED SIGNED '' FENUANT ., DEPENDANTS REPRESENT.ING THEMSELVES IN PRO PER/� :DEFENDANT: I understand that 'there are a' number of dangers and disadvantages in representing -tryst~ � this case and that an attorney could possibly, help me. Nevertheless, I choose to . rpresent myself and voluntarily enter a plea of guilty/nolo contendere to the above charge. WED SIGNED , DEFENDANT .• OEFENaANT'.S ATTORNEY: I am 'attorney of record and I have explained each cf the above rights : to 'the do rendant, and having explored the facts with him and studied his possible defenses to the'cherge(s), I concur in his,, decision to waive the above rights and to enter a plea of guilty/nolo contendere. ' I further stipulate that this document may be received by the Court :as. evidence of defendant's intelligent waiver of these ri I sand that it shall be filed by .tire Cieik' 'as a permanent record to that waiver. I have essed the reading of this form by. t:-e defendant and his initialings and signs r ton DATED SIGNED �''� , ATTORNEY OF RECORD F-4 DATED SIGNED , DEPUTY DIST. ATTY. AFTER, READINu, INITIALING AND SIGNING, GIVE 70 THE C00TROOM CLERK. DEFENDANT'S WAIVER OFwCONSTITUMNAL RIGHTS FOR [IJIL PLEA TO MISDEMEANOR DEFENDANT'S NAME COURT CASE No. H w gG 69 ? DEFENDANT: READ the following. If you understand and agree to each provision, INITIAL each box , and DATE and SIGN at the end. 11 1. I understand that I am charged =62f (. �1/ P.G , to which I intend. to plead gull LA nolo con endere plea haswa the same legal consequences as a gun a criminal case. P:C. §10161 .2. I understand I have violated this section ,by (factual basis) 3. T':'66dersta6d that the maximum penalty for this offense is confinement in the county jail for a period up to t ninS_ and/or a fine of, Al D 000 WK 4. I understand each of the following rights, and hereby voluntarily, intentionally and with full knowledge give up each and all of them, as indicated: C TA be re resented by an attorne of my own choice, or if cannot afford an attorney, to have a our appoint one td represent me, , free of charge subject to the. Court Is requirement that I pay the cost theieof *at the conclusion of these proceedings based upon my financial ability. b. To a .seeedy trial, that is: Within' 30 days bf my arraignment if I am in' custody, or wr th n 45 days thereof if I am not in custody and to s dismissal of the charges against me if I am not so tried. C. To a 'public trial by ,jury. d. To subpoena witnesses for my defense without expense to me, , e. To confront the witnesses against me in trial and to cross examine them myseTf or thrKgh my at orney, f. To 'tes�tif� in my own defense, or to remain silent if .I so 'de'sire' and to EFereEy refuse to give evidence that may be used against me. g, To be sentenced in not leis then 6 hours or more than 5 days from the me of my plea of gu y no o con endere. h. To appeal the denial of my Penal Code Section 1538.5 motion (suppression mo.. on) Fin after Pleading gullty. , hTw . 5+ I understand the nature of the charges against .me, the elements thereof and the available pleas and defenses thereto. C '6. L understand that if I receive probation and violate any of the terms thereof, • I maybe returned ,to court and sentenced on this charge as set forth in 6J b paragraph 3 above. 7. I .Understand that if I am not a citizen of the' United' Stated the' 'conviction for the offense charged may have the consequences of departation, exclusion from admission' to the. United States, or denial of naturalization pursuant to the laws T� of the United States. , 8. I understand that I will be required to register as a sex offender' pursuant tn Section 296 of the Penal Code. • � 9. I''understand that I will be required to register as a narcotic offender pursuant ' to Section -11590 of the Health and Safety Code. , F0232-330:7 (Rev. 06/041841 f fc a:, 3310E/00580 I r" Ca ifornia - �• OFFICE OF THE SECRETARY Oz STATE I, MARCH FONG EU, Secretant of State of the State of California, hereby certify: That the annexed transcript was prepared by and i� this office from the record on file, of which it purports to he a copy, and that it is full, true and correct. IN 1VITNES5 WHEREOF, I execute this certificate and affix the Great Seal of the State of Califomia this .JUT 241385 Rff 4` �LU i'RIIv�� •� SCCWM of State �Y; t. "• 5-1 sum'"'m P"m eg.ice Inv. a•1/1 r r Ql&rftiR 6, 430361 O f FILED, Poe..»So .p,M.,.T, AL i irrraj of *fair STATEMENT 6Y DOMESTIC NONPROFIT CORPORATION `�•, 1 �,,� T045 SimfW041 mus, at FIED W114 J Cad CNg1A tiiiplr.MT Ci STAr! 1•.Er,T1rn4 6110 u�o h"AT r: vCaa hc:�S �.OW► Yi IAfE 11100760� DUE DAM 12/31/84 3016M GEIAAf CAUSA•ENS 1S6: CEN111 AVE e68 NUMTINGTOM REACH, CA 92641 OA wQT rw T1A hwi/•I�.TtD•.a••t M •tY 1 •7 14 A1•1 R"M tMTla. Cpih0J%T■ hAM. DO APT W14T1 IN t►+e IP&O T 7, f►4 �gtlrDaMTKMI h4rr'0 FE11fls 0WAM lD uCGn 114 LAr1S C+ TT; st&TE OF Ck/OSWAA. MARAS Tni IO.1014wl STArEhom? ��.�R�rr�.�O.wr.[�r ar+�KA �r�H ur war J�'--•.�_�-._.�--...� ..._.-._._...--._-__.. _.. »_,.�_..... 7501 Center Ave 03 Huntington Brach Calif. ;92647 ..�... f a+MM Awi d•latiry - -- "Muir Da�n•f+ 9%.tme as abort III I ♦R• •.�. n.•a Cw tqt 1 TaArrs or " FasOwns aTToeaS •rn 40 t ref Blachar 7t' � Nur,ti :on Hea�h C j :647 ,�i ::eritrrr Ave�•ra ob , n«; 9 a�w+aw o++*✓ores •aM✓•aM■.q.es•raa�a .•+.• cn. w aoa•s I ar tow e.es, awe�••.a orwesr. -----...__. -- 1�-------._-- _ _ _ - -i-t�e Karl KotfAan 1I1 237)2 Dorset P1. Harbor City C;L 90710 rwwa 1 ww s 0- M••o•Ja wa 441-6 C.•• ••� f•eN !I eaw Renato 2uabwuen 7561 Center Air+ .0 15 ' Huntington Beach Ca 92647 ar a�+•a+...weaaa ,ow.rrsr..ataawaa� r...a+r..a��•• a.+� enw nnr a o a Ts a.awsA v Nana Klein 2702 2 Hillside, onwige Ca 92667 aiwfflse.wm arson*"m enowww" r.anwwa r w.a*.s+.r.. a•a•e7• rs•• .ral e»o arks saw" trw w ..rr ao"Of we.•na ra.�Wa•r+• A e 410�wmw+ • w awr./'w • w•r9 1+rM a w s•aM-i•r Mm •a•a �i/•d w aaf� to is . • f , 11119184-•.. Prea 13en: a..ewr" s e"a.Tw+.� w++w me.�• �w �l'�/ � � 7 J Fi. r. State l l; 0 !, California ��- I OFFICE OF THE SECRETARY OF STATE I, MARCH FONG F, U, Secretary of State of the State of California, hereby certify: That the annexed transcript was prepared by and in this office from the record on file, of which it purports to be a copy, and that it is full, true and corroct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this .1 h •� i ♦�ij �,%,V1 fn " Socr4fav o/Stab s, , •� 40 .: � Y 502vm1f rem M194 IMr.&-too €>4""�1 N 7fJ1tf •.i 4tutc of 01a' ifornin arl� sItt$ 4T•rlt 1'o A.atsao LE•D $"I all er" CA "4 t 2 ,561cr s" of dilate r"Wo III/1 Ns mt0 JAM ?? W STATEMENT BY DOMESTIC NONPROFIT CORPORATION � ��,�� , ( T1MS SIANIONNT MUST It FILED WOO CALIfOMwA SlCA[fA11f OE STAT!titCT10M3/i fo./7f 0.f[Mf t0r1F�0aw11pNS GOOF' ./ d0 Wo/ MUs%Woo 64•••_N/•.•.• •.I"Go I... .•..h.. DO MIT wwlffw•I.AsparA RM NIX t10N hAk"D KIP!116,011GANIZIDU%019 TH[LANS nF THE STAtC OP CALIFORPOIA•MAKE!TH! #Lh L0"11K STAT1V11aT :a•.ra•aa.a.•No•.~"s•..•.• III•••.♦..r I• 1�. ..M•\•1•►..1 c I• __ p M1..1•.•�...1.•.AM� .�1•.I1 I1M •• • �11• r.._w+_r 1 MAWS0E TwF POL►Ow•1NIG OFF OCR Ms,ME lr.r ;il. ..1. •.; e'.••c .�rf+� �' :•. -, L�7� 'ul�l3iiaLtJlMtMua_ _—_ l.12+luJ�J1•a•qL•.ryu L.•tl•.N•.Y.0A$) • .• 1.w i r •Csa�a �.t �.: I;�ry �Ji�(:•`n1 n .i �,1• ,>� :f. �•,:. �'T ••!•��.•. t•IWLaL/tALLlallt LAM•'\A4 LL.a..v I a Ut.6•JAAIf 3 �y �/�/�.�/ �i.'I•..',".�r^� 7�G% �r .Lt.'r C:��L' rJs...1/. ►��>'•T .►'t'+C �i�w�C•�� �/. /� M • •YM.M N....•.M.......•1.•.......• .•/1 ..I• .r 11.1• •.I I.Y. ..—_._. •Mrood­* M..MNII.•..(•.M•.N•. •••I...•... ..a..I s......,•. ........•+••..••a.•_ •.•.• •#w. 1b..r..•.•••.+ •/�ML;�••••.NNa......1.+�.N..I..Y.GeV I•r•..iM•• frw..;,6L .0/•\•.�• .►...1• •w•wti.•., POW M we `aN• ash f�" Sf ,r qW t ,+ State C ofifo a mia s. OFFICE OF THE SECRETARY OF STATE I, MARCH FONG EU, Secretary of State of the State of Califomia, hereby certify: What the annexed transcript was prepared by and in-this o$�ice rom the record on file, of which it pul orts to b� a copy, and th't 't is full, tru.� and correct. 1 IN `VITNESS WHEREOF I execute this certificate and aix,the Great ` Seal of the State of California this jum Z 4'1985 In WAAA _ 1FJ1 Q > Seemrory of seats J•~ 1 ,• 1 �.• .1.. . hP '• AIt��4`��0� .,fir,r1�1 �Ly� J}I j.31i1 AAL iJw it. 2006bb f4 • rta+ P 0. eor 2830 �(.�FI�..�.• �J Sacramento,CA 95812 rT ALIF 4rcrduru of �&tntr - P►Ione: 1916)445.2020 MAY 13 '85 t STATEMENT BY DOMESTIC N0.4PROFI T CORPORATION st:CR r�'� :'•�, ru '• THIS STATEMEN f MUST 8E FILED WITH �rl� V',rORNiA SECRETARY OF STATE(SECTIONS 621Q 8210. 96GO CORPORATIONS CODE) �ff.Cf.T'•aAA.w Awe•. Tc�.::'T� � C•�i�'fs ���N �"�Nv�'E��TiDN Ir•/1t�,�PCH 40iC'I'DOR47-10A 1 1 00 Nsf A\f■0/NO►w101100 w/.Ms, OF Iro•s 1 16 OI.ANA.OLfAfO ONTSA O'ArPOAATs NAME DO I40T WRITE IN THIS SPACE • / / 1 �a� S THE CORPORATION NAMED HEREIN,ORGANIZED UNDER THE LAWS OF THE brATE OF CALIFORNIA,MAKES THE FOLLOWING STATEMENT: 1. M•wOtf Aa00Ea■OF PRINCIPAL OPIPICE f1/1fs ON AOOM II.w006.me.01,O►E /•I61 00 Nor use V.S. was 040. Clf♦ AEG •7.17E ` OI•CODE WAII6100 A0000160 lavylumidild QUOIN Os 00061 ON. I0. •;►.LIES OF THE FOLLOWING OFFICERS ARE: OA. do. as, 1 ?Z/Fy'1w W. Z .5 c3;?c/ A'�"i1//,� yY�1RT.� �/U•trr��iv'.�,�N 9�G�g Endow on swe w ON w A sw. ON. 643. t_`,6A17_" AVE 11M�71AIdMAJ,?Cll 9,Qe 4/7 •Eewafww• Y�Iwt!• or wEsrtoawes •lawss+ lost .:n►u �,.�,►,LL w1 ►• • own!Re IA /r 940010rt00 00 AOw10lwCa As000ss (DO wOT uss 0..0. oomt Clt♦p110 01.% a t1A Es/sw IV OAL009im ea 0r MM0ls 0•Nrs/OsptE AOMIIOas AV 100 11of •!Es 0.0. os/1 ON\•010E AOENT CANON RAYED, 00 M0T INC\YAs)A0+00ss II A'{0� 6. 1 00CL 00 T4A• !flV8 IraA IROI /M sl ID sTATi +O N0r 0 T A ♦ s1r o♦ IINOw\/ sO ANN 0 /,If 1 ?*we,C0A 'J Port ■• �. p LOA Idses%D atisf�� IIYAO s/OwAsuw4 n ne►6 *top' I•o nN •w• " October 16 ; *(1 to the City of Huntington Beach Attention Lieutenant Schneblin Fron the Old World HDneowners association Board of Directors In view of the problems being exp-: rienced by the humeawners of the Old World Village shopp and resid©nces in resosict to parking , we the President, the Sec'reta•.y--Treasure_ , and Director of the Board of Directors of the Old World Homeowners Association feel that no permit shauld be allowed to the German Crusaders for Bingo under the church . The follouing are our res .ons for this decision . 1 . No parking has been allocated to the Church for any events to be Meld . Pa:ae 5 of Conditional Use Permit # 7524 --fates "The Chapel . . . Will be u ed primarily for the inhabitants of the villa e . " P Y 9 Page 5 of the same C . U . P . # 7524 states 'IWC5L needs the follouing parking spaces to comply With the required ordinance : aoo . Ch:.pel . . . zero spaces allocated. $' If you have any further questions please do not hesitate to call tis . Th_ original entitlement o ' this Planned Unit Devalcpment did not allow any Bingo or similar activities to oa staged here . We appreciate the City of Huntington Beach giving us the opportunity to control our own problems here first , thus placing less of a burden on th_ City . OLD WORLD WiJERS A55CCIATIOiJ -ha ry,j the �n;-:a�rn' . It ,s trhacher Presit�en't Sec ./Treas w . Brian Rorer D.iwhctor I • October 16 , 1984 To tiie Chie,.' of Police Earl Robie' elle City c: Huntington Beaco 2000 Main S t . Huntington Beach, Ca . 92626 Dear Chief Robietelle: tie the conce.ned members of the Old illurld C-wners Ass-.�ciation mould like to express our opposition to tht: grantin& of a permit to the German Crusaders ' Bingo . We are in the peocess of enumerating the several instances where the city of HunLinF.on Beach has interferc-dwith the internal control of the health, safety and welfare and the ght of each individu! l homeowner by granting suc'.1 permits . This letter is being prepared upon request of mayrr Kelly and Mr . Harry Schellenbaum, President of the Old World Owner:. Association , whereupon a total investigation of the original entitlement will be conducted. Until such time we will ap p reciate if the City .-) f Huntington Beach Eold all permits until they meet wl th the approval of the Homeowners Association and the Board of Directors . Thank you , r of u s�.tra Lewis onne Ro er cc: Mayor Jack Belly Jim Palin , Planning Department � y �' '� •� c� s . �� _• •�Q���-q �!�,�J ram�:!'. ti� ;t va McFADDEN VQ '+ fir► ��.';, `�• a �." ` - '� jr ` OLDWORLD 41, ; + co CFNTEn �? Fl ' .iyi�• 3 fit{ �, �;. r � -::- � irk EDINGER i� v s r�_� • 1g � r% • — SPECIAL !,IV VITA TIONS TO ,,ILL I'��olv1s •`. `' ` � - � �c ,' �� s�• G1:,'t�r-RnT1l3{ � nJ:�.:.. AlUS1C CO,11AH SlOf�' fsnt• r!?.)n. - •�!` ). - •1.SK.!R .!T7: - I1.f I1)' 11i��',� PRo ). - BOOGIE dlOT10i, .OI t fSTA RL1TE PROD. BL-+C-fi VE PROD. - P��RT)' 7 t: A 7"t: - el-I'• ! as.-sr. ;;i � { _ • —SOUTHERN CALIF- ,dE '•PARTY - 13A D bO YS - PA rER DOLLS - PA RTY KRU - PLA Y t1:17'1:J - G.Q. ,SIEN - EROTIC' CITY GIRLS- COMPS- CLASSY 1.••11»E - CRACK C-LUJ, - :RR. PARTY GIRLS - RUDF. BOYS - BA1) (;IRI.S - All,V1 � •`� MA DNESS. AND !YOU! FOR MORE INFO. !)fA L: `��l' _-_ PARTY HOT LINE: (714) 49 - TKKIh1G PALE HT O.0 CP#RAOT PATCH OlD WORLD HAU - 7561 CENTER AVE. • HUNGTINGTON BEACH For fixer tafo. did: PARTY HO'TUNES: 549-goo j or - 542-4243 - McFAODEN . cQ • 0 7 O>HALL > 4l p i *°1 o i r rr h d b c THE PLRCE ' GHETTO MEWS Ono E,UOMEN'S ACCORDS &. r z V • FASHION STORE STEREO C( TEt3 n 9m E. 1st. z :ai>VTR ANA, Cr:. 2541 W. Mr.FRDC%-N ST. ►= (714,) 835-5760 SAWA RNA, CFL 92704 • (7`5) 547-704 0 2 l • it ! f 9$31G1 272 ARTICLE II : OWNvok.10 4X0PLPRTY"RIGHTS Section 1 . Owners ' Easements of Enjo meet. Every Owner shall have a right and easement of enjoyment in and to the Common Area, which shalt, be appurtenant to and shall pass ?pith the title to every Lot , subject to the following provi- sions : '(a) `.The -right of ,the Association to reasonabl limit :the use of Eh®. tonVoin 'Area for''residintia.l and `. cowne;rcial, purposes as more fully: set th '�clar �tfon.. - •fib):. ..Tht- right• of­I tha. A.644ciati6n tp:;a*L4b),ish un lorm :ruY s;,a d requ�,tttiona .pertd ling to . the use of."tY�t'I C0own l raa and the, facilities thereon. �. (c) The right of the Association to charge - uniform reasonable admission and other fees for the use of any facility situated upon the Common Area. (d) The right of the Association, in actor- dance with its Articles , By-Laws , and this Declares-- tion, to borrow money with the assent of two-thirds (2,/3) of each class of Members for the purpose of >r improving Common Area and facilities and in aid thereof, to mortgage said property , provided that the rights df such mortgagees s:1a►ll he subordinate tQ th@F rights of the Owners. . (e) The right of they Association to suspena y ' n then voting,rights and right to use the 943M 1283 • � 1 -Sec t3n2 . F-)r the individual and common benefit of the owners within the project, the Association shall have the power and duty to regulate and limit the uses of the Shops within the Project as hereinafter set forth. ' (a) There shall - not , at atny time, be more than two' (2) thops' within ­the Project having the same •priwary use, i..e-. , no more- than two donut shoos , two. candle shops, two clank shops, etic. ' (b) 'the Association shall have the poweer. and ` duty to .-limit these ptimary uses by they - use of all legal remedies aveilable: to it on its ' own behalf Arid ' ion 'behalf of each and 'rvery other Owner, within -the. Pro"jec't; including the determination that any such l , f conflicting use constitutes a private nuisance_ , giv- ing rise to an action for abatement thereof, and for an action for damages . Section 3 . The Association shall have the duty{ to maintain an active advertising program for the Project. The Board of Diroctors shall , from time to time , establish by resalu- tion the rate per square foot of commercial area to be collected monthly from each owner of commercial area . -14aw 7--29-16 a . f 4 w . 1 P.Pril 10l 1919 ' ]notice' of •c!oncern; un April 61 2979 a Rock concert was held in the old World Bserga.rdeu Kti 7561 V. center Dr. Huntington Beach, Ca. The homeownsrs and merchants of old World Village located at same address have grave concern over the following events that oecured s i . Concert had no proper permit . 2 . Arrests were Mkd e . 3 . Young people obviously on drugs. 4. indecent exposure . y. Cun shots were heard and witnessed . 6. Beatings occurred .. 7, property damage to Atiargarden and village. 8. -xbreats of bodily harm to residents. - 9. Alcoholic beverages i%old to minors. . / c: -- ,� �> c ���,•�v c'_ �,4%• /s fir c � . G� • �'• .a ' a riot condition existed . We, are putting the Ciry on no e�s� :14MV tt protsation in any future 'dieturbances of this type. We resllse that there is no possibility of the owner of the Beergarden to provide protection due to the physical layout or the complex. Attacnad, please find several eworen statements, from witnesses to the events . , Old World Owners . Cc� city jqinaKI.'x' City Attorney Cit police Chief of untington Beach, Ca. 021 013 . P rr2 rt.'' fA • gage 2 24 026 �127 ,• �`•�✓ $2oF 9 .. is 3 ...,.^mot ■ra ra•r:ra�rrrra.r/ l, 435 r' #3b 0 37 T .. p a ✓ y�'' '..� $40 #41 142 043 14 ♦� ; � 045 - {�• -r.. 446 w�•t�� � t TT tt.a ,1�. ,a .yl � �: } ... 1l..� r. ,. -,•�• • � :ice 7 ,, .i >•ty. 'd7 .i.�+� s��� �r r�r ' .. .. - '' 'fit "#. •} ! 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April 12 , 1979 RECEIPT I hereby acknowledge receipt of petition from Ol(i World Owners registering a complaint of Rock Concert held on April 6 , 1979 at the Old World Beergarden located at 756; W. Center Drive in Huntington Beach. Floyd a sito Ci ty dr�inistrator ,I i f , t . 6-5-1985 PRESS RELEASE_ HUNTINGTON BEACH PLANNING COMMISSION TELLS GERMANS TO GET DRLNK i AND STOP PRAYING . THE GERMAN LUTHERAN CdURCU HAS BEEN HOLDING SERVICES FOR OVER FIVi YEARS IN THE OLD WORLD COMMUNITY CHURCH EVERY SUNDAY AND ON SPECIAL OCCASIONS IT HAS HELD SERVICES IN CONJUNCTION WITH THE GERMAN CATHOLIC,IC METNOD?ST, BAPTIST AND ADVENTIST CHURCHES AT THE OLD i WORLD FESTIVAL HALL. HUNTINGTON BEACH COUNCIL MEMBERS HAVE II ATTENDED , ALSO OFFICIALS FROM STANTON , GARDEN GROVE, FOUNT+IN VALLEY AND OTHER CITIES. DIGNITARIES OF THE GERMAN , SWIGS AND AUSTRIAN GOVERNMENT ARE USUALLY PRESENT. THESE SERVICES HAVE BECOME 'rRADrTION AND ARE LOOKED UPON AS VERY SPECIAL OCCASIONS THAT MANY PEOPLE LOOK F3RWARD TO. EARLY THIS YEAR THE CHURCH WAS INFORMED BY THE CITY PLANNING DEPARTMENT THAT IT COULD NO LONGER USE THE FEST?VAL MALL FOR RELIGIOUS SERVICES WITHOUT A CONDITIONAL USE PERMIT. INSPITE OF THE CREAT FINANCIAL BURDEN WHICH THE APPLICATION FOR A CONDITIONAL USE PERMIT PLACED ON THE SMALL CONGREGATION THE ELDERS AGREED TO PAY THE $300 . - E'EE AND TO ASK FOR THE PERMIT. THE PLANNING COMMISSION STAFF REVIEWED THE REQUEST OF THE CHURCH ANC? UPdN 'IHEYR -FINDINGS AS TO THE LEGALITY OF THE CHURCH , PARKING � RACILITY , ENVIRONMENTAL IMPACT ETC. RECOMMEND ED APPROVAL 1'0 THE PLANNING COMMISSION AND CALLF;D FOR A ItF.AP.TyC ON MAY 6 , 1985. f* DUE TO THE LATE' HOUR THE HEARING WAS POSTPONED TO JUNE k , 1985 . THE COMMISSION IN ITS !SEARING DISREGARDED ALL FINDINGS OF ITS OWN STAFF, ALLOWED A PERSONAL ATTA14K ON THE SENIOR PASTOR OF THE GERMAN LUTHERAN CHURCH BY THE ATTORN'):Y OF THE 2 PERSONS OPPOSING THE RELIGIOUS SERVICES THE COMMISSION DID NOT ALLOW THE PASTOR ) DEFEND IIIMSELF OR PLACE A PETITION 0:' THE MAJORITY OF THE HOME OWNERS SUPPORTING THE CHURCH IN THE RFrjDO . THE COMMISSION VOTED TO DISALLOW THE REQUEST OF THE GERMAN EV . LUTHERAN CHURCH TO HOLD SPFCIAL SERVICES IN THE FESTIVAL ffALL. UPON THE -jUESTION OF THE PASTOR TO THE CHAIPiik.N OF THE COMMISSION IF THIS MEANT THAT IF HE INVITED 350 PRO&Z E TO A DRUNKEN BRAWL IN THE HALL THIS WOULD BE LEGAL BUT SHOULD HE INVITE 350 PEOPLE TO PRAY WITH HIt1 THIS WOULD RE ILLEGAL.THE CHAIRMAN i .. ANSWERED YES . THE ONLY MEMBER OF T113 COMMISSION TO SUPPORT Tar. REQUEST or THE CHURCH RCH WAS MR MIRJAHANGIR . ur'cb lb- R)ar6441ATeom-munttp r - bau�scha vange isch- ut ensch� FC�rt�he wools" i�, SFNVIC�ICt I*34 atIpM ' NMI• P. ' t•i7vuTcs SUBDIVISION COMP41TTEE • Room B-? - Civic Center 2000 Main Street: 1?untington Beach , Califolrnia TI i V RSDAY , JANUARY 23 , 1976 - 8 : 3 0 1V'1 COMMSSIONERS PRI.SENT: Bazil, Slates, Finley CITY S'rArr PRESENT: Jim Palin , Dave Cadie , Sergio 14ar. tinez , Don Moore , Tom Bushard , Bruce Crosby TEidTA'rivr PARCEL MAP 75-15 ( In Conj . /TT' 9119 ) Applicant : Jerwel rnterprises Jerry Kline , Joe Bishoff, Mel Hoefliger , and Sally Gipple ogre present at the mertinq . An attorney representing the developers was also in attendance. Secretary Patin noted that revised for the Alpine Vil _age section of this development have been received , incorporating some of the prior concerns of the Committee and the staff. The major north-south entry street was again reviewed and it wi3s t the consensus of the Committee that some modification must take . place to improve the traffic flow and alleviate any stacking problems. Street must he widened as it penetrates the property to provicle at least a 100 foot section with two lanes entering and two existing the parking area. It was agreed that if, this treatment required deletion of some parking spaces that would be an acceptable trade-off for the improved access . harkinq was extensively discussed , and the recommendation of the Traffic Engineer that total compliance to code be obtained at least in the first phase of development taken into considera- tion . After much review of the compact vs . standard size parking spaces , layout of the parking lots , Possible credit to be given because of the fact that employees of the shops will also be li-ving onsite , and the recommendations contained in the report of the traffic analysts , no final consensus was reached. However, Commissioner Slates expressed the opinion that compact parking was not enforceable and would not be a successful method- in a ' commercial development of this type . j 1 '1'lle Committee merle tin definite recnmmendations on either parking or street ddsinn; the matter was deferred to staff for further stately . The Committee did , however , r.ehuent. that innmilar 1), rkinct spnr.c_!s he uc4eci in the commercial to provider better access and docreage conflicts j i t1inutes, Subdivision Committee January 8 , 1976 Pa(le 3 phasincl , which is For economic reasons as funding is much easior to obtain in incr.em-nts rather than oil the entire apartment com- plex . ) - Sergio Martinez said that his plan check has shown that the present plan would not , in fact , comply as the three-story setbacks are inadequate. Applicants were instructed to submit a plan showing precise locations of buildings on the sites and were informed of the setback -equirements they would have to meet . Parking : Parking in the European Village portion of the develop- ment was extensively reviewed , and it was determined that some parking spaces in the lot here would have to he deleted to prevent ' automobiles 1.•ack;.nq out directly into driveways ; that the parking lot had too many spaces for the one-entrance situation ( it was .also noted here that the entrance width to the lot was too narrow) ; that there was a need for some sort of stacking for getting in and out of the lot; . and that the location of the drive on one side of the lot instead of in the middle seemed not to provide the most ,yf. fici.ent use . Applicants indicated that the drive location could be changed . The separation of parking for the residents of the units from general public parking was also suggested . It was noted by Dave L.adie that the parking to be provided could be very flexible at the discretion of the City, under provisions of the specific plan ordinance . Miscellaneous : 'rhe Committee briefly touched upon other items Los follows : Leasing of tr.e apartments and shops should be eery carefully controlled and restricted the Association in its testrlct __ b} CC&Rs in order to protect the safety and privacy of tenants and 1 owners ; the architectural treatment of the units and the pr,ponents ' concept for the treatment of the street scene were reviewed ; and the applicants instructed to contact the Oranqe County Health Department for requirements and restrictions on the proposed petting zoo. I Jerry Kline notified the Committee that he would discuss the sugges- tions and problems raised at this meeting with the developers and attempt to work out a time schedule for revision of the plans . Another Subdivision Committers meeting will be scheduled on the pro- ject: before it is submitted to the full Planning Commission for review. TENTATIVE TRACT 9175 to , Applicant '1'onv Do Leonardis applicant his submitted revised drawings reflecting a half- Tile street section for California going northerly. The layout was teviowed, and Mr . De Leonardis reported to the Committed that the has drawn Cal'ifornia so that it can qo tip to a cul-de-sac , knuckle over to Delaware , or knuckle over Lo Huntington. lie has provided a radius on the end lot of his project , and .it was his i Minutes , 5ubdiv�on Committee .7anuary S . 197f, Page 2 � oxact al irinr1l nt,-. on till rifillt-of-way ; h(- also inflicrlted a desire for the Athletic cluh to be included in the plan at: 6. the present- time and i f. ultimate problems develop that cannot be solved the me p -ould ' -,cn be modified without any real commitment having bL,.. made by the CiLy. Jim Palin expressed ' the opinio,_ that it :Mould not be possible to condition the crap for the athletic club ,uhject to acquisition by a private developer , to which the Committee agreed . The construct-.ion of public vs . private street at this location was than reviewed. :`Ir. . Kline informed the Commit:cee that ma};inq the street a public street would interfere with plans for the project ; however, � he would a:Iree tf. CLty restrictions on public streets do not make it impossible to use an innovative approach to the street design with meandering walks , s,)ecial landscaping and berming , ' and a distinctive street iiehting systcia. The Committee determined that the specifications within the specific Man nrd- inance allowed sufficient flexibility of treatment to obtain such variations in street scene on a public street within the project . The Fire Department representative , Andy Vanderlaan , did emphasize tnat tht~ riru allu P•ulicu tit-Volbitunt:3 Will 1 Pc•efer t.?�'' :.:C a�.�-CC� �1^ :.� t _ r m1.., on.... ' a..... «.�..: n•..n.a A-U0 r..�T•I- CUtS 4 _ r _ - anrl wi.rlt-h t^nr t:hca Pnt:ry sir. ee+. and concluded that the G0-foot %vidth would he adequate provided that it be posted "no naOzzinq . " Applicants were as}:cd to cor icier cutting down on the ni.mber of drive cuts off this street . ©ill Hartcle noted that the Cit•,► is pursuinq designation of Center Street as all arterial and the map will have to he conditioned for dedication of vehicular access rights except at specified locations . fie Also said that an easement dedication to extend Center on to the west would be required , subject: to terms of current negotiations between the develop,,�rs and the City . Separation between Auildin s : The boil.-ling separation was reviewed from the standpoint of fire equipment access . Andy Vanderlaan indicated that there is adequate access provided by openinos through the structures themselves , makinrt all reaches within the required 150 feet . It was felt , however, that the long building runs w- �:e excessive from an aesthetic standpoint . Drainage U.'asements : The rerouti.nq of the: dra mace course. for tile area and the timinq or. City vacation of c-xi.stinc_t casements was disco.yed . Hill Hartcle indicated that this would be simp1%. 1 a substitution of casements and could occur at .Inv time in thy: processinq of t-.h%se applications . Applicants said that +:he storm drain system had not yet been designed in det-ail . Phaasinq: Jim P-ilin pointed out that the planned phasing for the apartment project .also involves sep.-v:ation into two parcels and noted that it would be necessary for each parcel to stand t on its awn for compliance with code requirements for setbacks , I � OPOIn space, etc . This type of approach would be discouraged by the City in order to guard against the possibility of a half-finished project . (14r. Kline explained the purpose of the . I 0 hereof . In addition to .mp.l.iance ;pith all of the provisions of Article V11I by Ow7icr , the Architeckural Commi.ttce shall grant such approval only if the design Fjropused by the Owner would result in a finished Building in harmony of e:: terior design with other Buildings in the Project and with the over- all theme of the Project , being old world cr.[L-shops . 1 Section 4 . !.' me Limitation . The Owner or Owners of any damaged Building, ;•pith the cooperation of the Archi - tectural Coru`nittee , sha: be obligated to proceed with all due dAili;rence hereunder and commence reconstruction within three (3 ) inont`as after tha damage occurs and complete recon- struction within sir. ( 6 ) months after damage occurs , unless prevented by caused beyond their reasonable control . ARTICLE X USE RESTRICTIODIS The Property shall be occupied and used ar follows : Section 1 . Each Lot shall contain a Building, a pur-- Lion of which hzs been designed , constructed and apprc.ved for single family residence purposes and shall be used for said purposes and no other . Said area of each Building is herein defined as the "Residence. " Each Building shall additionally contain a portion which has been designed, constructed and approved For "craft-shop" type commercial purposesr., and shall ho used for 3ai.d purposes and no other. Said area of Corti Build- ,is ' !•ierain defined as the "shop. " No equipment , products or materials used for the S l, a Shop shalt any time be stored in , �-3Q- the Itus.i.dvnce or in any garage area assigned to the 1011sidence . Soc:tion 2 . A Dwelling Unit must at all times be occu- pied by either an Owner-Operator , a Manager-•Operator, or a t • Lessee-Operator of the Shop below that Uwell.iny Unit. "Gwc�lling Unit" and "Shop" are defined in Sections 11. and 12 , respectively , of Article I . "owner-Operator" shall mean and refer to the person or persons who are the fee owners or contract purchasers of the "Building" as defined in Section 10 of Article I . "Man- ager-operator" shall mean •an and refer to the person who is prim<<r- ily in charge of the management and operation of the Shop. "Lessee-Operator " shall mean and refer to the person who has 'eased the Dwelling Unit for his primp y residence and who has leased the Shop for his operation . Sec.-Lion 3 . No noxious or offensive activity shall f� be carried on , in or upon any Lot or the Common Area, nor shall anything be done therein which may be or become an annoyance or nuisance to other Owners . Section 4 . No sign , billboard or other advertising devise of any kind shall be displayed to the public view on eny portion of the Project until. said sign , billboard or other ad- vertiz ing device has been submitted to and approved by the Architectural Committee . Approval or denial shall be bused upon shape , , ire , design , color and content as complying with .: the standards, set by' t:h(� committee and t+his 1)vcl.zrzltion for the old world craft--shop type atmosphere to be perpetuated by these restrictions . Provided , however, that all. signs otherwise per- tnitted under, this Section shall conform with the: Ci ty ' s Sian I -31- 7-2 9--76 � �C'•F�" �c.l .tf iy �rf�K�/ r r .� ( LLI7J r t. � � / •: r ' � `j vs fi v-. ` '' `� ,�' � � �r iI• �1 i/,�� .�/y �-ri G� a .. ��•/-. i•Arr/k1'°/JC.C- .� VI4104 1992 hu►,l1r;�iLq r3c�Cft, CA 92b4b *huntington beach eeivelopmt services department STAf f EP a R T .�..._.....�.—..�_._._._ TO: Planning Commission FROM: Develop►,ient Servi�_as DATE: April 6, 1982 QNDITIONAL ULE PERMIT NO. 8 2-.1 A_PPLICAN'r: Wolfgang Habel DATE ACCEPTED: 18542 Vallarta Drive March 4, 1982 Huntington Beach, CA 92646 MANDATORY PR^i ESSTNG DA i E REQUEST: To permit a revision to the tJay 3 , 1982 approved site plan to allow residential on the second ZONE : North Huntington Center f loor of "Tba P.atskeller" in Specific Plan Old World Shopping Center . LOCATION: Suh_Ject property is located GENERAL PLAN: on the north side of Center Avenue, approximately 20 ft. Mixed development south of the San Diego Free-- way . EXISTING USE: ACREAGE: 0 . 04 acre Restaurant/bar; offices 1 ,0 SUGGESTED ACTION: Staff recommends that the Planning Commission deny Conditional Use Permit. No . 82-1 with the findings outlined in Section 7.0. 2.0 GENERAL INFORM TTON: Conditional Use Permit No. 82-1 is a request to permit the conver- sion of cffices for residential purposes. The conversion is .located on the second floor of the "Retskeller" in the Old World shopping center . 3.0 SUMW RY :)F ISSUES: 1. Whether the subject request will have an adverse impact on parking. Aft, A•FM-WA I i r CUP 8 2--1 April 6, 1982 Page 2 .r.r 2 . Whether the proposal merits the intent of Old World ' s original entitlement (Conditioi,a:l Use Permit No. 75_24/Tent3ti ve Tract No. 9119 ) . 4 . 0 ENVIRONMENTAL STATUS .- Pursuant to Secti6n 1"101 of the California Environmental Quality Act, the subject request is categorically exempt . 5 .0 L-T:.RCUND-.NG LAND USES. 'ZONING, AND GENERAL PLAN DESIGNATIONS: Subject Property: GENERAL PLA14 DESIGNATION: Mixed development ZONING: North Huntington Center Specific Plan LAND USE: Old World shopping center Nurth of Subject Property: GENERAL PLAN DESIGNATION: Mixed development ZONING: Ncrth Huntington Center Specific Plan LAND USE: Existing apartment complex South of Subject Property : GENERAL PLAN DESIGNATION: Mixed development ZONING:. North Huntington Center Specific Plan LAND USE: Huntington Center East of Subject Property : GENERAL PLAN DESIGNATION: Mixed development ZONING: North Huntington Center Spacif is Plan LAND USE: Office building Wiest of Sybieet Property,: S GNATION= Mixed development GENERAL FLAN pE I ZONING: Community Facilities education LAND USE: Goldenwest College 6.0 ANALYSIS (History) : On February 6, 1976, the Planning Commission approved Conditional � Use Permit No. 75--240 a request to permit the construction of a com- biped residential--commercial project on 30 acres of land (Old World shoppinq ' center) .. The "Ratskeller" , which is located within the European Village of Old world, is a restaurant/bar with office "' suites on the second floor. C.U. P. 82-1 - Appeal May 6 , 1982 Page 2 2 . The proposed use would put added demandq on an already strained parking layout; violations of the Ordinance and Municipal Codes coupled with complaints received by the Land Use Section confirm that the parking area is over-taxed . AYES: I{iggins, Livengood, Paone, Winchell, Porter, Schumacher NOES: Mahaffey ABSENT: None ABSTAIN: None DISCUSSION: On February 6, 1976 , the Planning Commission approved Conditional Use Permit No . 75-24 , a request to permit the construction of a combined residential/commercial project on 30 acres of land (the Old World shopping center) . The "Ratskeller, " which is located within the Euro- pean Village of Old World, is a restaurant/bar with office suites on the second floor. According to the staff report dated February 6 , 1976, the Subdivision Committee met to analyze the proposed Old World shopping center prior to the public hearing. The Committee " . . . was concerned with the potential problem which could occur if in the European Village the up- stairs living unit dial not house the commercial tenant below and was, in fact, rented out. The Committee believed that an overcrowding problem relating to parking could result if the store owner below a residential unit did not care to live within the complex and chose an alternative to rent his dwelling. " "The developer assured the City that this situation would be strictly prohibited and enforced through the CC&R' s . The concerns of the Com- mittee were more to the point of its capabilities of enforcement if an infracticn, did occur. Such an infraction would be difficult to identify and would be hard to monitor compliance. " On September 23, 1981 , a visual inspection by the Land Use section dis- closed extensive physical modification to the "Ratskeller" made without permits or zoning entitlement - specifically, the second floor which was originally approved as being entirely for office suites (five in number) had been converted to combinations of living quarters . The in- spection revealed that there now exists but one office suite . Subsequent to the request for prosecution which was filed with the 'City Attorney ' s office by the Land Use section, the applicant agreed to file the subject conditional use permit application . However, to this state the staff has not received any form of concurrence from the "Association" to go along with the applicant' s request. After :analyzing, the application, the staff views the subject request as; being .in conflict with the intent of the original- approval of the Old *06el.4 site. , Further, ohsite inspection has revealed than the :up- f t `-..stairs ,uttiti within they European Village. acre being, rented out, whirr ara sts';�ire beiri utilized -i�or story e b the merchants Thus., a parkr- r r, 9 •. . 9 g Y rL` z 'Shg rob101i exists throughout the village.. C. U.P. 82-1 (Appeal) May 6, 1982 Page 3 Because Old World center was originally approved as a condominium project, any subsequent changes (e. g . , conversion of apartment units to condominiums ) would require a revis.i.on to the condominium map. ENVIRONMENTAL STATUS : Pursuant to Section 15101 of the California Environmental Quality Act, subject request is categorically exempt from environmental assessment. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: The City Council may overturn the Plann:' ng Commission ' s denial and approve Conditional Use Permit No . 82-1 pith findings and conditions . SUPPORTING INFORMATION: 1. Staff report dated April 6 , 1982 , with attachments i. Planning Commission minutes dated April 6, 1982 3 . Letter of Appeal JWP: I Z :df i G ti M &zc�T� Inc, "tote,developmonI and management 1 May 11 , 1982 • ., City of Huntington Beach City Planning Commission P . 0• Box 19C {.`;.. Huntington Beach , CA 92648 RE: APPEAL TO T1Jr PLANNING COMMISSION ' S DENIAL OF CONDITIONAI. USE PERMIT 82-1. i w r� Gentlemen : As t,tom, r ile owners of the residential property immedia cent ' o the Old World Shopping tell adl a; uld to st.�ce our objection toanyattempt toeconvertw commercie property to residential use . We feel your decision to deny this request was correct . tit We sent you a letter on April 1 stating; our views on the matter. . May I again state that it is very clifxicult to understand how such nil attempc could even be contem lat without the enedevelopmentp ed irc+ PUD , of which Old World was � � ..:r. a park , being completely restudied . { We request that the appeal be denied . r Si rely , +.R Sally A Cipple SC/dk loon ter... ... �w lc 4 679 DANA POWt, c rvIA 92829�.71 a) '! 643.O210 J, T'C��'+�I b044N C1� OF HlJNTING INTER-DEPARTMENT COMMUNICATION 11UNI1NG10N 11.1111 J :To Charles 1.1. Thompson From F1preiic Webb, 11c't/Deput y Di>I City Administrator Development: Sur c V Subject Cori PITIONA1, USE PE111r•!1T 82-1. Date May 13 , 1982 `G1 (APPEJ\L) ADD i'1':I0WA.1 I IFOt.MA-- TION 11 As per Mayor eland ic ' s request for ac+ci i t ional in f orr1a Lion regarding the appeal of Conditional Urc Pertn.it 82--1 which is scheduled f:or the May 17 City Council meeting , staff has prepared the follow _ng information. Conditional Use Permit No. H 2--1 is a r. equOst. to a l l.ow " . . . residential on the second floor of the "Itatskel ler " i1- Olcl 1%or 1 d Shopping Center . " The applicant (1.7o1f(1.-1ny llabcl ) i.ln(licates 11(� is 1-nr11.1c�stilly the conversion of office area to allcw one residential unit; 110Wever , field inspection revealed that_LheL�111agai__to,- ')e_ trllr. ee.__. esi.cl �nG_i �i1 us�it�s__Unthc,_sec.ond floor, of the Ratskel .ler without t�en�fit rlf_I��r.mats . These three residen- tial units bring the toL<-al. cr)u1.t c)f- dwelling units in Site II of Old World to 47 units . Section 9_373 ._3_ sLat_es the number of single family dwelling units s1i;L11._xiQl.__e.���_esi_�z Further , if the applicant is cjranted Conditional tjse Permit No. 82- 1 , he will have " to t?rovidr each _ci%-rc�11i1 -unit _with ny._ 3.Q0_,sc3u!arp�_, feet nrid 'aa ,inq a r11111L1111:111 dimension of Eifteen ( 15) fei. t . Solid recreation : rca shall_ be s.ituate.cl adjacent to each dwelling unit . " (Section 9313 . 3 of: the Ordinance Code . ) Lastly , according to the oricjinal. entitlement C'o1lditionai Use Permit_ . LJQ•i_ 75--24 ), each dwell-inctini.t _was to be provided with _o1le (1)_ enclosed � _garage .� Therefore , the ctrantiny of this request would necessitate the construction of three ciarage_ p-paces and a 9.00 square foot recreation area. I3Q 1.Lc�_f tttjse reyui>;ei�cn t.s �I�pea t�_ to be �'hYs ic�-'illy ilni�c�ssiblr .M _I t s)ioiild also be noted for Old World Village were based on the re si clrntial-above units be inq occtipied by tile- same tenant as the shop below . Tile subject, proposal would , therefore, impact these previously approved parking considerations . FW: NZ :cif t 1 -i r May 14 , 1982 c W �'^ d x h Jr' �fM TO: City of Huntington Beach , Al'TN . : City Council FROM: Concerned members of Old World Owners Association Dear Members of the City Council : This is to inform you that we support the Planning Commission decision to deny the request made to change the second story of the Old World Rathaus from commercial offices to residential . 1 . Every residential unit in Old World is required to have a garage . There are not any extra garages that can be assigned to the Rathaus , � 2 . While may appear that financial hardship '�s one of the reasons put forth for wanting to change , it should be noted that the current owner of the Rathaus was a stock holder and member of West Coast Soccer League , the builder/ developer of Old World , and therefore was fully aware of ' P , the financial ramifications associated with the purchase of the building . 3 . The Old World Owner ' s Aasociati.on would loose considerable advertising revenue if the building was change to residential . This would undoubtedly require an increase in advertising fees to the rest of the owners . 4 . In an informal. Board of Directors meeting held May 12 , 1982 , Mr . David Apodaca informed those present that he would be speaking to the City Council in favor of granting the change. He stated that the owner of the Rathaus offered to re-open the public bathrooms in exchange for his support (the bathrooms were locked and have remained locked following the Planning Commission decision to deny the change) . 5 . If the change is granted, a precedent will be set . There are several owners who would like to have their residential areas changed to commercial . How could they be denied their future requests for change? 6. Conditional Use Permit #75-24 Specifically states that the Chapel and the Rathaus -mere intended f, x use primarily by residents of Old World. Old World Owners Association presently rents one small room for $165 .00/month (send now without bathroom facilities) in the Rathaus . ` r ------- City council . . . We are confident that you will make a wise and correct decision, 40 r FyJ r� 6�d. /��+ J r � t .. 1�• r 1 rs.Si'IP�IYw'��t,}`�t v -7� +v •� � �,y . 3 r� t ti ( � A� REOUES FOR CITY COUNCIL*ACTION Data May 17, 1982 Submifted to: Honorable Mayor and City Council Syubmitae by: Charles 11. Thompson , City Administrator G . / .. P!apw by: James W. Pa' in, Director of Development Services �, Subject: CONDITIONAL USE PERMIT 82-1 (APPEAL) Stst*n*nt of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachr:.ents: STATEMENT OF ISSUE : Transmitted for your consideration is Conditional Use Permit No. 82-1 , an appeal of the Planning Commission ' s denial of Conditional Use Per- mit No. 82-1 , a request to allow residential units on the second floor of the "Ratskeller" in Old World shopping center. RECOMM.ENDAT ION: The Planning Commission and the Planning staff recormend that the City Council uphold the Commission ' s denial of Conditional Use Permit No. 82-1 with the findings outlined in the April 6 , 1.982 Planning Commission staff report. ANALYSIS : Appellant: Wolfgang Habel 18582 Vallarta Drive Huntington Beach , California A2P.licant: Same as above. Request: To allow residential units on the second floor of the "Ratskeller" in Old Vlorld shopping center . I.acation: The subject property is located on the north side of Center Avenue , approximately 2000 feet south of the San Diego Freeway. Planning Commission Action on April 6 , 1982: ON MOTION BY PORTER AND SECOND BY LIVENGOOD CONDITIONAL USE PERMIT.. NO. 82-1 WAS DENIED WITH FINDINGS AS OUTLINED BY STAFF, BY THE FOLLOWING VOTE: .a 1P11W1JQS rOR DENIAL: {' I. ba sod, on the Subdivision Committee ' s minutes dated January 13, IV6, .and 'the staff report dated February 6, 1976, the propos*d `;rogues#t ,Is in conflict with the original approval within the y t Eurgpean Village of Old �Iro,rldLl ' 1 i NOTICE, TO CLERK TO SCHEDULE PUBLIC HEARING ITEM C _ up AR 2-/ TO: CITY CLERK'S OFFICE DATE: D FROM: PC✓t mieyyr .{r7ytce s PLEASE SCHEDULE A PUBLIC HEARING USING TliE ATTAC11r1) LEGAL NOTICE FOR THE DAY OF H19t . AP' s are attached AP' s will follow No AP's Initiated by: Planning Commission Planning Department Petition * Appeal Other Adoption of Environmental Status (x) YES No i Refer to lof-R Plsnning Department - Extension for additional information. * If appeal , plassa transmit exact wording to be required in the legal. f - SEACM IN 1111t PLANNING DEPT. SUPGdor Court AP►? 1 1987 aTV11 P. 0. SrATL Or CALIFORNIA 13ax 190 Hunt �, Boa In and for tine County of Onryta CITY OF HUNTINGTON BEACH hxFo"srue .t .�Tlorv..r„ PLANNING NOTICE OF PUBLIC HEARING State of California 1 County of Orange lae• Jeannie L. Thomas ' t,tt'y coort�t � That I am and at all times herein mentioned was a citizen of f the United States,over the site of twenty-one years,and that 1 am not a party to, not interested in the above entitled matter; that 1 am the principal clerk of the printer of the Huntington Beach Ind . Review ' a newspaper of general circulation, published in the City of 1 Huntington Beach ► ti, �1Ay Ile County of Orange and which newspaper is published for the 4�1 diaerninstion of local news and intelligence of a general charac- ter. and which newspaper sat all times herein mentioned had and still has a bona fide subscription list of prying subacrihem, �L and which newspaper has bees esublished, printed and pub- lished at regular intervah% in the acid County of Orange for a t,1 period esaeeding one year, that the notice, of which the G DAJ of M&7 annexed is a ptinted copy, has been published in the regular and entire issue of said newspaper, and not in any supplement ;': H A 11 thereof,on the following dates,to Brit: March 25 , 1982 I crertify for declan)under penalty of perjury that the forego• in$is taus and cornet. Ustasd at......G a rA Q n..G.r. a v.e. ....... .............. M .. . . .. giguaturs April 10 , 1982 Ct Dear Sir, I Would like to appeal on the second half of A!ay . The ground rules are I I can' t rent the upper offices of the second floor of the Rathouse building , but I have more possibility renting it as an apartment . I see no problem in parking space, because I require lees parking than Commercial . Sincerely, ✓, Whfgang Habel . Owner 0F AIML ee0000 P/M7L r Filed by:. tlyp PLANNING dEpT. APR 1 10 RWAMIM A 0. aox Set for Public HeannfL.' s-A7 To, Copy' of letter of appeal attAched . �lraae transmit, 1 Legal notice and will ng list to Clerk for legal notice; 2) Letter o explanation for f City Council public hearing ror meeting 6 listed above by Alicia M. Weutwrth CITY CLERK i i u : . 1 migam CUP #82-1 142-474-29 18542 V larta Drivb ,h 24, 1982 (JH) Cris W C Cris Dr 2 �tingt�an Beach, Calif 9 92646 Huntington Beach, Calif 92647 142-474-15 142-474-22 142-474-30 Aptha� R Zu bansen Raymnd R R*insm George Presc:hler 7561 Centex Drive #15 7561 Canter Drive #22 eor a Pres Ave 8Kl �gt� Bmah, Calif Huntington Beach, Calif 92647 92647 Iluntingttn Beach, Calif 92649 142-474-16 142-474 -23 142-474-31 DwAd ApDdwa Francisco Santos Richard P Lewis 10738 Camino Real 7561 Center Derive #23 7561. Center Ave #31 F1ntain Valley, Calif Huntington Beach, Calif Huntington beach, Calif 92708 92647 � 92647 142-474-17 142-474-24 142-474-32 Palos Verdes Ompanies David Wfer Unl.initea 7561 Center Ave 432 1804 Via Olivera Huntington Beach, Calif Palos Verdes Estates CA. 90274 92647 142-474-17 142-474-25 142-474-33 Florian Hoertner et al Donald K Phelps 7561 Oent er Drive 117 Aer.3be x Qui gley Beach, Calif 7561=25 Centex Ave 7561 Center Ave #33 Huntington 92647 Iiuntingbm Beach, Calif MmUngtaan Beach, Calif 92647 92647 lay-47a—le Virgil K Bateeola et al 142-474-26 142-474—aa 3270 West Coast Soccer League Inc Walter ValtirMjer 27�D C].azisnnzr� Avranu�a 7561 Center Drive c/o Point Iag B�fi, Calif isae Inc 90608 MmtingW Beach, Calif 8250 Vikkers St Suite 1 92647 San Diego, Calif 921U 14 a74-19 142--474-27 142-474-35 Mew 7561 Center Drive #19 E Janice Melvin Scarklinavian Pastry Shop Beach, Calif '7561 Cbnter Avis #27 6955 Warner Amore 9 6t7 JAM*ington Bch, Calif Hmtingt= Beach, Calif 96647 92647 Y47-174-Zo 142-474-28 142�-:74-36 [4 and a Est�b g thtrb rto .F Lopez t;reel Paberftem . 7561 Qa bar l7riwe #19 7561 Center Ave #28 7561 Center Drive 06 Beach, Calif Hnt�iragton Beach, Cell�.f Hut 3 �9�d47 titx3ton Beach, Calif 92647 92647 474-31 142-474-28 142-474n37 -A b= 9 HemHtfflbu-WF Lopez 7 0�1bu Wive #21 Dogan tCireanit Calif 7561 Oa ter Avis #28 19922 Vbznmt ram BoaduHu ntingten Beach, Calif IRmtUK;tnn Bench a Calif 9647 92647 92646 Y; +ffiLr, ::,n... J44 '.F ON118 ad' , nheyY et a1 CUP #82-1 .'; 'Ombw Drive #38 Much 241 1982 (JH) k B"C1, Calif 92647 142-47+-39 142-472-02 ti�tli tt .c b r Searrind Village 'MIL Ot8r Drive #09 % Melvin J kbefflinger bd-tf gbart suc#y Calif 139V 2txu3acm Rd 92647 C erri,.,m, Calif 90701 142-474-40 142-472-03 . axlww SPDXW Entelrieee Old World Assoc. 7%1 N Omter Ave #40 c,/o West Coast Soccer t oague MMtingban Beach, Calif 105 N Eastwood Avenue 92647 Inglewood,, Calif 90301 142-474y-41 Ivan muc 7561 Oer ter Ave 141 -,Fftm ngt m Beach, Calif 92647 142-4".42 ' Sr 1ka H C mtr 7561 Om trsr Drive #42 Hmtirngt m Beams.Calif 92"747 142-474•-45 8�1n xta O nt+ar Ave #Z Hetttbart Beath, Calif 92647 AL-U-474-46 w- Hofer r. -:N�Ommtmr Drive #46 bl � beacho Calif92647 141�-474-48 _ IQ,l.f�a�g fl�81 pcive 048 :��tit� , kalif 'AIM7rh r� AN* 151 Y 1 �r;tiE 1 r x, r May 17 , 1982 Zoning Department City of Huntington Beach Ca ,1 Dear Sir, This letter is to request a continuence of a hearing of Mr Wolfgang Habel regarding Zoning cnan? (e of the Ratskeller Building at Old 4Iorld ?561 Center Ave , Hunt.ington Beach Ca 92647. As my Attorney Mr George Borges is at this time out of town , I would therefor like to ask for an extension tillJune 21, 1982 or a later date . Thank you, Yours Truly i Wolfgang Habel C�e-e r . yj e K 711 IT 1 4 ne CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92M OFFICE OF THE CITY C' VAK May 19, 1982 Wolfgan; Habel 18582 Vallarta Drive Huntington Beach, CA 92646 The City Council of the City of Huntington Beach at its regular meeting of Monday, May 17, 1982 approved your request for a continuance of the public hearing on your appeal relative to CUP #82-1 to June 21, 1982. Alicia M. Wentworth City Clerk ' WCB:jS r. w, 1 4r 4 1 S w 'Al� 7 14 a 0 /47 >r 7U.O;V(! � O MW Ji v7 k oV Le (lam C I 74 r f f�1�N'�i/✓.J %�� / 7 .S h7lt 70, loll I I f ji !. �' , Jr� Syr r'TY F !'� N"T'IrV N BEACH f �.YH1Y I.i�lr� ��r■■■rM.r-' ■ ■ P.O. Box 190 DEPARTMENT OF DEVELOPMENT SERVICES CALIFORNIA 92M BUILDING DIVISION(7141&As241 `"NINO 0 V,om 17141 POE SUSPlITt TO: Honorable Mayor and City Council � IrLTJU Charles W. Thompson, City r A/P_ BY Ch . Y Administrato p PFE AMM BY: James W. Palin , Director , Development Services • SUBJBCT: CONDITIONAL USE PERMIT NO. 82-1 DATE: June 10, 1982 At the flay 17, 1982 City Council meeting , the Council granted the applicant ' s (Wolfgang Habel ) request for a continuance until June 21, 1982,. for Conditional Use Permit No. 82-1 , an appea.L of the Planning Conunission' s denial to allow residential units on the second floor of the "Ratskeller" in Cid World Shopping Center. The applicant has subsequently transmitted an additional. letter requesting another con-- tinuance of this appeal. until the first meeting in August. Council requested a copy of the "CCSR' s" for the Old World Shopping Center, at the May 17 , 1982 Council meeting in order to provide: them with additional information. Attached is a copy of the "CCSR' is" for the Council ' s review. REC01V4ENDATION : The applicant is requesting another continuance until the first City Council meeting in August, however , the staff recommends that: the City Council take action by upholding the Planning Commission' s denial of Conditional Use Peniit No. 82-1 . Another granting of a continuance will allow the applicant to perpetuate a violation of the Ordinance Code. �'wP t1;lZ: j 1m r Attachments : . 1 . Letter from applicant dated June 2, 1982 a 2 .` Cs ty Council transmittal dated May 17 , 1982 3 . CCER' s for Uld World Shopping Center 1 r 1 r • CITY OF HUN'TINGTON BIEACH M 2000 MAIN STREET CALI FOR NIA 92648 OFFICE OF THE C17Y CLERK July 21 . 1982 Wolfgang Habel 18582 Vallarta Drive Huntington Beach, CA 92646 The City Council of the City of Huntington Beach at its regular lneet:ing held J.oly 191 1982, denied your appeal to the Planning Commission's denial of Conditional Use Permit 82-1 . This is a final decision. You are hereby notified that pursuant to provisions of Section 1094 .6 of the Code of Civil Procedure of the State of California you have ninety days from July 21 , 1982 to apply to the courts for judicial review. Please contact the Department of Development Services , if you have any questions - 536-5271 . Alicia N. Wentworth City Clerk ANW:C8:J s Enclosure CC: Jim Palin, Department of Development Services Gail Hutton, City Attorney Al r: F` J CITY OF HUNTINGTON BEACH • 2000 MAIN STREET CALIFORNIA 9284 OFFICE OF THE CITY CLERK June 23, 1982 Wolfgang Habel 18582 Vallarta Drive Huntington Beach, CA. The City Council of the City of Huntington Beach at its regular meeting held Monday, June 21, 1982 approved your request that the hearing on your appeal relative to Conditional Use Permit #82-1 be continued to July 19, 1982. If you have any questions, please call the Department of Development Services - 536-5276. Alicia M. Wentworth City Clerk AMW:CB:bt CC: Jim Palin, Director of Development Services k' AI t{ I r ly 6' r r .I i AahAiA - 1�� pprri 1 ,, • Rerord.ing requested by and when recorded return to : HOUIVARTH L UNSS-MR' I 888 Idortti slain Street Sui4e 800 Santa Ana , Califm:nla 92701 L, . DECLAIL- T ION OI' RESTRICTIONS FOR OLD M)RLD A PLANNED UIJI'!' llEVEL01",2ENT • ti r TABLE OF CONTENTS AR'.' ICLE I Definitions 2 ARTICLE I1 Owners ' Property Rights 5 ARTICLE III Membership in Association 11 ARTICLE IV Voting Rights 11 ARTICLE V Duties and Powers of the Association 13 ARTICLE VI Covenant for Mainten, ,Ace Assessments 15 ARTICLE VII Effect of Non--Payment of Assessments Remedies of the Association 22 ARTICLE Vill Architectural Control 24 ARTICLE IX Obligation to Maintain , Repair and Rebuild 29 ARTICLE X Use Restrictions 30 ARTICLE XI Damage or 'Destruction to Common Area Association Property 35a ARTICLE X:II Insurance 37 ARTICLE XIII Idortgage Protection 38 ARTICLE XIV General Provisions 44 DECLARATION OF RESTRICTIOUS THIS DECLAP.,%TION in inade on the date hereinafter set forth by 11. C. S . L. DEVELOPERS , a California corporation , hereinafter referred to as "Declarant. " WITNESSETH: WHEREAS , Declarant is the Owner of certain property in the County of Orange, State of California, which is more par- ticularly described as follows : Lots 1 through 54 , inclusive , of Tract 9119 as shown. on a Map recorded in Book Pagers to , inclusive , of Miscellaneous !daps in tie Office of the- County Recorder of said County . j AND WHEREAS , the property herein described is to be de- � veloped by the construction thereon of residential and commer- cial structures as more particularly described herein; and WHEREAS, Declarant has deemed it desirable , for the effi•- cient preservation of the values and amenities in the exist- ing property and in the additional properties which may be annexed thereto , pursuant to the provisions of this Declara- tion , to create a nonprofit corporation to which should be delegated and assigned the powers of maintaining and adminis- 4-12-76 tering the ' Project , including the Common Area , and administer- ing and enforcing the covenants and restrictions , and colleen- irag and disbursing the assessments and charges hereinafter created; and WHEREAS, Declarant will or has caused a nonprofit corpor� ation , the Members of which shall be the respective Owners of Lots in the Project, to be formed for the purpose of exercising the functions aforesaid; and WHEREAS, Declarant will convey the said properties , sub- ject to certain protective covenants , conditions, restrictions , reservations , liens and charges as hereinafter set forth. NOW, THEREFORE , Declarant hereby declares that all of the properties described above shall be held , scld , conveyed, sub- ject to the following easements, restrictions , covenants and conditions , which are for the purpose of enhancing and protect- ing the value , attractiveness , and desirability of , and which shall run with , the real property and be binding on all par- ties having any right , title or interest in the described prop- erties or any part thereof , their heirs , successors and assigns , and shall inure to the benefit of each Owner thereof . ARTICLE I DEFINITIONS section 1. "Association " shall mean and refer to OLD WORLD OWNERS ASSOCIATION, a California nonprofit corpora-- tion, its successors and assigns . Section 2. "Owner" shall mean and refer to the recr- -2- ord Owner , whether one or more persons or entities , of a fee simple title to any Lot which is a part of the Project , includ- ing contract purchasers. Section 3 . "Project" shall mean and refer to that certain real property hereinbefore described, including all improvements thereto. Section 4 . "Coru.on Area" shall mean all real prop- erty owned by the Association for the common use and enjoyment of the Owners . The Common Area to be owned by the Association at the time of the conveyance of the first Lot is described as I.� follows: I. Lot 54 of Tract 9119 as shown on a trap re- corded in Book , Pages to , inclusive, of !•lisce laneous Map is n the Office of the County Recorder of said • County. Section 5. "Lot" shall mean and refer to , unless otherwise specifically stated herein , all Lots within the � Project, but shall exclude the Common Areas described herein. Section 6. "Declarant " shall mean and refer to W. C. S . L. DEVELOPERS , a California corporation , its succes- sors and assigns, if such successors and assigns should acquire more than one undeveloped Lot from the Declarant for the pur- pose of development. Section 7 . "Mortgage " shall mean and include a Deed of Trust as well as a Mortgage in the conventional sense. Section . I� ort .� en &h' 11 mc oa per son of entity fJc to whom a mortgage is made and shall include the beneficiary of a Deed or 'Trust; "N qor. " shall moan a person or entity who mort: gages his or its property to another, i . e . , the maker ,of a 24ort- gage, and shall. include t',e Trust:or of a Deed of Trust . Section 9 . ":Member" shall mean and refer to every person or entity who holds membership in the: Association pursu- ant to Article III hereinbelow. Section 10 . "Buildingl" shall mean and refer to any structure existing on a Lot within the Project. Section 11 . ",Dwelling- Unit" shall mean and refer to that portion of a Building designed for and restricted in use for residential purposes . Section 12 . "Shop" shall mean and refer to that par- tion of a Building designed for and restricted in use for cam- mercial purposes. Section 13 . "City" shall mean and refer to the City of Huntington Beach . Section 14 . Wherever the word "Deed of Trust" is used herein, it shall mean and be synonymous with the word "Mortgage , " and the same may be used interchangeably with the same meaning; and likewise the word '•Trustor" shall be synony- mous with the word "Mortgagor" ; and the word "Beneficiary" shall be synonymous with the word "Mortgagee . " Section 15 . The aforesaid definitions shall be appli- cable to this Declaration and also to any supplemental Declara- tion (unless the conLext shall prohibit;) filed pursuant to the provisions of this Declaration . -4- 7-79-76 ARTICLE II OMNERS PROPERTY RIGHTS Section 1 . Owners ' Easements of Enjoyment. Every , Owner shall have a right and easement of enjoyment in and to the Common Area, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provi- sions : (a) The right of the Association to reasonably limit the use of the Common Area for residential and commercial purposes as more zully set forth in this Declaration . (b) The right of the Association to establish uniform rules and regulations pertaining to the use of the Common Area and the facilities thereon. (c) The right of the Association to charge uniform reasonable admission and other fees for the use of any facility situated upon the Common Area. (d) The right of the Association , in actor-- dance with its Articles , By--Laws , and this Declara- tion , to borrow money with the assent of two-thirds (2/3 ) of each class of Members for the purpose of improving Common A:,.-ea and facilities and in aid thereof , to mortgage said property, provided that the rights of such mortgagee shall be subordinate to the rights of the Owners . (e) The right of the Association to suspend the voting rights and right to use the . wa+ facilities by an Owner for any period during{ which any asseusmc.nt against, his Lot remains unpaid and delinquent.; and for a period not to exceed thirty ( 30) days for any single infraction of the rules and regulations of the Association, provided Mat: any i suspension of such voting rights or right to use the facilities , shall.. be made only �by the Association or a duly appointed committee thereof , after notice �I and hearir:g given and held in accordance with the By- Laws of the Association . ( f) The right of the Association to dedicate I or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as May be agreed to by thc Owners . No such dedication or :! i transfer shall be effective unless an instrument signed by Owners entitled to cast two-thirds (2/3) of each class of MAmbnrs has been recorded, agreeiny to such dedication or transfer , and unless written notice of the proposed action is sent to every Own- er not less than fifteen (15) , nor more than thirty (30) , days in advance. Section 2 . Delegation of Use . Any ovaier may dele- gate , in accordance with the By-Leas , his right. of enjoymont to the Common Area and faei l ities to t-}u� members of his family, hi (subject to the provisions of Section 2 of Article X) , or contract purchasers who occupy a l 1 or a portion -l- 7-29--76 of his Lot and to their guests . Section 3 . Easements for Encroachment. 'There shall be reciprocal appurtenant easements of encroachment as between each Lot and such portion or portions of the Common Area adja- cent thereto and/or between adjacent Lots due to the unaillful placement or settling or shifting of the improvements con- structed, reconstructed or altered thereon (in accordance with the terms of the restrictions) to a distance of not more than five (5) feet , as measured from any point on the common boun- dary between each Lot and the adjacent portion of the Common Area or as between said adjacent Lots , as the case may be , along a line perpendicular to such boundary at such point; provided , however, that in no event shall an easement for encroachment exist if such encroachment occurred due to will- ful conduct on the part of an Owner. , tenant or the Association . • 1 Section 4 . Easements for Utilities . The rights � and duties of the 0;-m.ers of Lots within the Project with re- spect to sanitary sewer , water, electricity , gas and tele- phone lines and other facilities shall be governed by the fol- lowing: (a) It shall be the duty of each respective utility company to maintain its utility facilities and connections on any Lot ; provided, however, that if any company shall fail to do so, it shall be the obligation of the particular Lot Owner to so main- tain those facilities and connections . (b) Whereve;r sanitary sewer house connections -7- and r water House connections or electricity, gas or telephone lines are installed within the Proper- ties , which connections or any portion thereof lic in or upon Lots owned by other than the Owners of a Lot served by said connections , the 0whers of any Lot served by said connections shall have the .right, and are hereby granted an easement to the full ax- tent necessary therefor, to enter upon the Lots or to have the utility companies enter upon the Lots within the Project in or upon which said connec- tions , or any portion thereof lie, to repair, re- place and generally maintain said connections as and when the same may be necessary as set forth below . (c) Wherever sanitary sewer house connections • and/or water douse connections or electricity , gas , or telephone Lines are installed within the Proper-- ties, which connections serve more than one Lot , the Owner of each Lot served by said connections shall be entitled to the full use and enjoyment of such portions of said connections as service his Lot. (d ) In the event of a dispute between Owners with respect to the repair or rebuilding of said connections , or with respect to the sharing of the cost thereat, then , upon written request of one of such Owners addressed to the Association, the matter shall be submitted to its Board of Directors who i shall decide the dispute , and the decision of the Board shall be fink]. and conclusive on the parties. (a) Basements over the Project for the Installa- tion and maintenance of electric, telephone , water, gas and sanitary sewer lines and facilities , television antenna cables and facilities and For drainage facili- ties, as shoran on the recorded Map of the Project, or as may be hereafter required or needed to service the Project , are hereby reserved by Declarant , together with the right- to grant and transfer the same. Section 5 . Casements for Vehicular Traffic. In addition to the general easements for use of the Common Area granted herein , and subject to the provisions of Section 6 below regarding Restricted Common Area and provisions elsewhere herein regarding enforcement of laws , there shall be and Declar- ant hereby covenants for .itself and all future Owners within the Project that each and every Owner shall have a nonexclusive ease-- mart appurtenant for vehicular traffic over all private streets and parking areas within the Project . Section 6 . Restricted Common Area . Portions of the Project- are hereby set aside and allocated for the exclusive use of the respective Lots within the Project. Said areas are des- ignated as garage spaces "G-1" through "G-45" and are shown on the parking plan , exhibit "A" attached hereto and made a part hereof by this reference . Said areas are exclusive easements ap- purtenant to the respective Lot number as shown on the Tract Map ' of Tract 9119 . Each Owner shall at all times use his assigned -9- -29-7f arkZ'F • garage For parka rakher than the open p �y areas so that there will always be maximum utilization of garage spaces and so that the open parking areas can be used to the fullest possible extent by the guests and patrons of the shops and commercial areas. Garages shall not be rented except to a tenant permitted under Section 2 of Article X. Section 7 . Easements for maintenance. For the pur- pose of performing the maintenance of the Common Area authorized by Article V, the Association , through its duly authorized agents or employees, shall have the right after reasonable notice to the Owner to enter upon any Lot at: reasonable hours on any day. An Owner shall permit the Owner or Owners or his or their reor:�senta Lives of adjoining Lot or Lots to enter his Lot for the purpose of maintaining those areas of his Lot and building for which he is responsible , provided that request: for entry is made in advance at entry and that such is a a time convenient to the Owner. In case y t: of an emergency , such right of entry shall be immediate. Section B. Waiver of Use . No Owner may exempt him- self from personal liability for assessments duly levied by the Association, nor release the riot owned by him from the liens and - charges hereof , by waiver of the use and enjoyment of the Common Area and the facilities thereon jr by ahandoniment of his Lot. Section 9 . Title to the Common Area. The Declarant hereby covenants for itself , its successors and assigns , that it will convey .fee: simple title to the Common Area in the Project to the Association, free and clear of all encumbrances and liens, ex- cept current real property taxes , which taxes shall be prorated to the date of transfer . Said -onveyance shall be made to the Asso -1Q- 7-29- 76 io for o ezat: ion pr r concurrently with the conveyance f any im- proved Lot in the existing property . ARTICLE III MTEMDERSNIY IN ASSOCIATION Section 1 . membership . Every person or entity who is a record Owner of a fee or undivided fee interest in any Let which .is subject by covenants of record to assessment by the Association , shall be a Member of the Association. The forego- ing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation . No Owner shall have more than one membership . Membership shall be appurtenant to and may not be separated From the fee owner- ship of any Lot which is subject to assessment by the Associa- tion . Ownership of such Lot shall be the sole qualification for membership. Section 2 . Transfer. The Association membership held by any Owner of a Lot shall not be transferred, pledged or alienated in any way, except upon the sale or encumbrance of such Lot, and then only to the purchaser or mortgagee of such Lot upon foreclosure. Any attempt to make a prohibited transfer is void, and will not be reflected upon the books and records of the Association . ARTICLE IV VOTING RIGHTS Section 1 . Classes of Voting Membershik. The Associa- tion shall. have two (2) classes of voting membership as follows : Class A . Class A Members shall be all Ownerr. with the exception of the Declarant , and they shall 7-29-76 i i be entitled to once vote for each of owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote: for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class U. The Class B Member shall be the: De- clarant and it shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events , whichever occurs earlier: (a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; (b) Two (2 ) years from the date of the issuance of the most racent Public Report for a phase of the overall development; or (c) On December 31 , 1980. Section 2. Vote Distribution . Members shall be entitled to vote foi- each Lot in which they hold the interest required for membership. When more than one person holds such interest or interests in any Lot, all such persons shall be Members , and the vote for such Lot shall be exercised as they among themselves determine, but in no event, except in the case of Class n I-iembers , shall more than one vote be cast with re- spect to any such Lot. Said voting rights shall be subject to ..1x_ i Boa the restrictions and limitations provided hereinafter and in the By-Laws of the Association. ARTICLE V DUTIES AVD POWE16 OF THE ASSOCIATION Section 1 . The Association shall also have the power and/or duty to (a) Own , maintain , and otherwise manage the Common Areas and all facilities, improvements and landscaping L-hereon , and all other property acquired by the Association. Landscaping in the Common Area described in this Declaration shall be installed and maintained at all times. In addition to the provisions elsewhere herein for maintenance of the Common Area, the Association shall specifically maintain all private streets and parking lots in a condition co- parable to the condition initially ap- proved by the City . (b) Pay any real and personal property taxes and other charges assessed against the Common Areas owned by it. (c) Have the authority to obtain, for the benefit of all of the Lots , and the Common Areas , all water, gas and electric service and refuse col- lection where required . (d) Crant easements where necessary for utili- ties and sewer facilities over the Common Areas to -13-- serve: the Common Areas and the Lots . (e) Maintain such policy or policies of insur- ance on property owned by the Association and the pri- vate rruperty owned by the respective Owners as the Board of Directors of the Association deems necessary or desirable in furthering the purposes of and pro- tecting the interests of the Association and Members and as directed by this Declaration and the By-Laws. (f) Employ a manager or other persons and to contract with independent contractors or managing agents to perform all or any part of the duties and responsibilities of the Association, provided that any contract with a person or firm appointed as a manager or managing agent shall provide for the right of the Association to terminate the same at the first annual meeting of the Members of the Association. (g) Prepare a balance sheet and an operating (income) statement for the Association and shall distribute copies thereof to each riember of the Asso- ciation within sixty (60) days of accounting dates as follows : (1) a balance sheet as of an accounting date which shall be the last day of the month closest in time to six (6 ) months from the date. of the closing of the first sale of a subdivi- . sion interest to a Member of the Association and an operating statement for an accounting period from the aforesaid date of first closing -13a- to the aforesaid accounting date; (2) a balance sheet- as of the last day of the Association ' s fiscal year and an opera- i ting statement for said fiscal year. The operating statement for the first six (6) months accounting period referred to in (1) above shall in-- elude a schedule of assessments received or receiv- able itemized by Lot number and by the name of the person or entity assessed. (h) The Association shall ordinarily be pro- hibited from taking any of the following actions , ex- cept with the vote or written assent of a majority of the voting power of the Association residing in Mem- bers other than the subdivider : (1) incure aggregate expenditures for capi- tal improvements to the Common Area in any fis- cal year in excess of five percent (5%) of the budgeted gross expenses of the Association for. that fiscal year. (2) sell during any fiscal year property of the Association having an aggregate fair market value greater than five percent (5% ) of -the budgeted gross expenses of the Association for that fiscal year. � • a , -14- .�� . ._......_ Section 2 . For the individual and common benefit of i the Owners within the Project , the Association sh, l]. have the puwer and duty to regulate and limit the uses of the Shops within the' Project as hereinafter set forth. (a) There shall. not , at any time , be more tban two (2) Shops within the Project having the same primary use, i .e. , no more than two donut shops , two candle shops , two clock shays, etc. (b} The Association shall. have, the power, and duty to limit these: primary uses by the use of all legal remedies available to it on its own behalf and on behalf of each and every other Owner within the Project , including the determination that any such conflicting use constitutes a private nuisance, giv, inch rise to an action for abatement thereof, and for an action for damages . r`' �1Qa�► 7-29--76 ' '� ARTICLE VI COVENANT FOR MAINTENANCE ASSESSMENTS Section 1 . Creation of the Lien and Personal Obli- gation of Assessment . The Declarant, for each Lot owned with- in the Properties , hereby covenants, and each Owner of any Lot by acceptance of a Deed therefor , whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association : (1) regular annual assessments or charges , and (2) special assessments for capital improvements , such assessments to be established and collected as hereinafter provided. The annual and special assessments , together with interest, costs and reasonable attorney ' s fees for the collec- tion thereof , shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Lach such assessment , together with in- terest , costs and reasonable attorney ' s fees , shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due'. S-ectioon 22.. Purpose of Annual Assessments . The annual assessments levied by the Association shall be used -1�- j exclusively to promote the health , safety and welfare of the residents in the Project and For the improvements and main- tenance of the Common Area. Said annual assessment shall .in- clude , and the Association shall acquire and pay for out of the funds derived from said annual assessments , the following: (a) Slater, electrical, lighting and other necessary utility service for the Common Area. (b) Maintenance and repair o-Al: storm drains , sanitary sewers , private streets , parking lots and utilities lying within the Common Areas . (c) Fire insurance covering the full insurable replacement value of the Common Area with extended coverage . (d) Liability insurance insuring the Associa- tion against any liability to the public or to any Owner, their invitees or tenants incident to their occupation and/or use of the Common Area, with limits of liability to be set by the Association, such limits and coverage to be revie4ed at least annually by the Association and increased or de- creased in its discretion. (e) Workman 's Compensation Insurance to the extent necessary to comply with any applicable laws , and any other insurance deemed necessary by the Board of Directors of the Association . (f) Standard fidelity bond covering all mem- bers of the Board of Directors of the Association -16- and other employees of the Association in an amount as determined by the Board of Directors. (g) Painting , maintenance , re-3air and, replace- ment of all buildings , equipment and landscaping in, on and of the Common Urea, as the Board of Directors of the Association shall determine is necessary and proper . (h) Landscape planting and maintenance (in- cluding irrigation) , and lighting and irrigation equipment installation and maintenance service for the Conunon Areas . (i) Removal and replacement of any part of a patio or fence that extends into the Common Area under authority of all easement when access to a utility lane underneath such patio or fence is re- quested by any utility company. Provided, however, that said rust shall be charged to the Owner of the Lot involved if said owner caused the patio or fence to be so placed on the Common Area. (j) Any other material , supplies , furniture , labor , services , maintenance , repairs , structural alterations , insurance, taxes or assessments which � 1 the Association is required to secure or pay for pur- suant to the terms of these restrictions or by law or which in the opinion of the Association' s board of Directors shall be necessary or proper for the opuration of the Common Area, or for the benefit of -17- the Lot Owners , or for the enforcement of these re- strictions. - a t . Section 3 . Basis and Maximum Annual, Assessment. Until January 1 , of the year immediately Following the convey- ance of the first Lot in the Project to an Owner , the rnaxi- mum monthly assessment shall be �:he amount shown on the initial Association budget as approved by the California Department of Real Estate . (a) From and after January 1 , of the year Immediately following the conveyance of the first Lot to an Owner , the maximum annual assessment may be increased effective January 1 of each year not more than ten percent (10%) above the maximum assess- meet for the previous year without written assent of fifty-one percent (51 %) of each class of Members. 03) From and after January 1 , of the year immediately following the conveyance of the first Lot to an owner , the maximum annual. assessment may be increased above ten percent (10%) by the vote or written assent of fifty-one percent (51%) of each class of Members who are subject to such increase . -19- (a) The Board of Directors may fix the annual assessment at an amount not in excess of the maxi-- mum , Section 4 . Special Assessments for Capital Improve- . .._...._..� ments. In any fiscal year, the Board of. Directors may not , without the vote or written assent of a majority of the voting power to the Association residing in Members other than the Declarant, levy special assessments to defray the costs of any action or undertaking on behalf of the Association which in the aggregate exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year . Section 5. Notice and Quorum fur any Action Autho- rized under: Sections 3 and 4 . Written notice of any meeting called for the purpose of taking any action by the Members authorized under Sections 3 and 4 shall be sent to all ilembers not less than thirty (30) days , nor more than sixty (50) days , in advance of the meeting. At the first such meeting called , the presence of Members or of proxies entitled to cast fifty percent (50%) of all votes of each class of membership shall constitute- a quorum. If the required quorum is not present, another meeting may be called , subject to the same notice re- quirement, and the required quorum at the subsequent meeting shall, be one-half (1/2) of the required quorum at the preced- ing meeting. No such subsequent meeting shall be held more -20- than sixty (60) days following the preceding meeting. Section 6. Rate of Assessme. t. Both annual and special assessments provided for in Article VI are and shall be at all times fixed according to the relationship of the total square footage of building space actually erected an a Lot to the total of square footage of building space of all buildings erected within the Project. The schedule of square footage is set forth below: SQUARE FOOTAGE FRACTION OF TOTAL OF BUILDING SPACE ASSESSMENT PAID BY OWNER Lot 1 696 . 01194 Lot 2 11, 900 1 . 67053 Lot 3 696 . 61194 Lot 4 2 , 100 1 . 84638 Lot 5 11, 630 1 . 43314 Lot 5 1. 1950 1 . 71449 Lot _7 1 , 730 1 . 52106 Lot 8 11730 1 . 52106 Lot 9 1 , 830 1 . 60898 Lot 10 1 , 830 1 . 60898 Lot 11 21100 1 . 04638 Lot .1:2 11830 1 . 60898 Lot 13 1, 830 1. 60898 a Lot 14 20 .1.00 1 . 81[f38 � Lot 15 1, 860 1 . 63536 Lot 16 1 , 860 1 . 63536 ' Lot 17 1, Fu0 1. 6353E, fr Lot 18 2, 130 1. 87275 Lot 19 2, 560 2 . 25082 Lot 20 1 , 860 1.. 63536 Lot 21 1.1860 1 . 63536 Lot 22 1 , 860 1 . 63536 L6t. 23 2, 760 2 . 426G7 Lod 24 2 , 100 1 . 84638 Lot 25 1 , 830 1 . 60898 Lot 26 11830 1 . 60898 'dot 27 21100 1 . 84638 Lot 28 21130 1 . 87275 Lot 29 1 , 860 1 , 63536 Lot 30 1 , 860 1. . 63536 Lot 31 1 , 8G0 1 . 63536 ; .., Lot 32 2 ,560 2 . 25082 Lot 33 1, 860 1 . 63536 -Lot 34 1 .. 860 1 . Ea536 -21- SQUARE FOOTAGE FRACTION OF TOTAL � OF BUILDING SPACE, ASSESSMENT PAID BY CItiTNER Lot 35 1 , 8G0 1 . 63536 Lot 36 2 , 760 2 . 42667 Lot 37 1 , 630 1 . 43314 Lot 38 1 , 950 1 . 7144r! Lot 39 1 . 730 1 . 52106 Lot 110 1 , 730 1. . 52MIG Lot 41 1 , 830 1. 60898 r 44': 1 , 830 1. 60898 Lc 4; 21788 2. 45129 rc4- 4,i 2 l 163 1 . 90177 Lot 45 2 , 788 2. 45129 Lot 46 41900 4 . 308?2. Lot 47 4 , 500 3. 95653 Lot 48 51220 4 . 50957 Lot 49 81180 7. 36322 Lot 50 810 . 71217 Lot 51 810 . 71217 Lot 52 795 . G9898 74734� 850 .. Lot 53 - Total Square Footaoe of all buildings : 113 , 736 1.00 . 30000 Section 7 . Date of Commencement of Annual Assess: ments : Due Dates . The annual assessments provided for herein shall commence. as to all Lots on the first day of the month following the conveyance of the first Lot in mile Project to an Owner. The first annual assessment shall be adjusted accord- iny t; the number of months remaining in the fiscal year as set forth in Article XVI of the By--Laws , The Board of Direc- tor's shall .f_x the amount of the annual assessment against each hot at least thirty (30) days in advance of each ar7 assessment period. Written notice of the annual assessment shrill -ba. sent to . every Owner subject thereto. The due dates 8 All.'be ' established by the Hoard of Directors . The 'AQSOcla- 1 ; tion shall, `dpvn demand , and for A reasonable 'charge , furnish 0 a Certificate signed by an officer or agent of the Association, setting forth ahother the assessments cn a specified Lot have beer paid. j Section B . ExemDt Property . The following property subject to this Decl.aratior shall be exempt from the assess- ment-s herein ;•� ' All Pxo ert:ies dedicated to and accepted . P P by a local public authority; i i i -2lb- Pb) The C•orlu ion A1�/2 (c) All Propnrt.ies ot•rned by Z c'.zaritable or rionprof i ►_ organization exanipt frorn t•a xat—ion by the laws of the State of California . Ho•::ever , no land or improvements devoted to dwelling use shall be exempt from said assessment; and (d ) 1111 Properties owned b,/ any public autho_, ri ty . ARTICLE: VII L•'Pr.T:CT OF NON-PAYMENT OF ASSIESSM014T:" RI MEDIES OF THE ASSOC_IATIO`a Section 1 . Effect of Non-Paxm•-�nt of Assessments : Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear .interest from the due date at the rate of ten Dercent (10Z ) per annum. The Association may bring an action at law againsL the Owner per- sonally obligated to pay the same , or foreclose the lien against the property . No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandon.ient of his Lot. Section 2 . Notice of Lien. No action shall be brought to foreclose said assessment lien or to proceed wider t the power of sale herein provided less than thirty (30) days after the date a notice of claim of lien is deposited in the � United States Mail certified or registered , postage prepaid, � ! i 5 p P , -to the Owner of said Lot , and a ropy thereof is recorded by the Association in the office of the County Recorder in which � the properties are located; said notice of claim must recite a good and sufficient legal description of any such Lot , the ' -22- record Owner or reputed Owner Lhereof , the amount claimed (which may at Assoc.iZti.on ' s opL-ion include interest on the unpaid assessment. at the lecral rate , plus reasonable att:or.-- ne} } = fees and expenses of collection in connection w.ith the debt secured by said Lien) , and the name-, and address of the claimant. Section 3 . Foreclosure Sale . Any such sale pro- vided for above is to be conducted by the Board of Dirf-ctors , its attorney or ocher persons authorized by she Board in ae- c::.rdance with the provisions of Section 2924 , 2924A , 2924B , and 2924C of the Civil Code of the State of California , appli- cable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted by law. The Asso- ciation, through duly authorized agents , shall have the power to bid on the Lot at foreclosure sale , and to ac ,ui.re and hold , lease (subject to Section 2-of Article K) , mortgage and convey the same. Section 4 . Curia nt Default. Upon the timely cur- ing P Y of any default for which a notice of claim car lien was filed by the ILssociation, the officers thereof are hereby authorized to file or record, as the case may be , an appropriate release of such notice, upon payment by the defaulting Owner of a fee , to be determined by the Association , but not to exceed Fifteen Dollars ( $15. 00) , to cover the costs of preparing and filing or recording such release. Section 5 . Cumulative Remedies . The assessment lion and the,':rights to foreclosure and sale thereunder shall be i.n addition to, and not: in r»hstitution for all other rights and -23- 7-29-76 remedies which the Association and its assigns may have here- under and by lair, including a suit to recover a money judgment for unpaid assessments , as above provided. Section 6 . Subordination of the Lien to Mar:tgages . The lien of the assessments provided for herein shall be sub- ordinate t the lien of any first mortgage . Sale or transfer of any Lot shall not affect the assessment lien. However , the sale or transfer of any Lot pursuant to mortgage foreclosure shall extinguish the lien of assessments as to payments which became due prior to much sale or transfer. Ne sale or transfer shall relieve such Lot from liability for -and► assess- ments thereafter :iecoming due or from the lien thereof . AR'UCLE VIII ARC11.1 ECTUIZAL C01171ROL Section 1. Architectural Approval. No building, fence, wall or other: structure shall be commenced , erect,--d or maintained upon the Properties , nor shall any exterior addi- tion to or change or alteration thereof, including fences, patio severs and signs , be made until the plans and specifications a showing the nature , kind , color , shape, height , materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location- in relation to surrounding structures and topog::aphy by the Architectural Committee provided for in Section 3 hereof. In the event said committee, or its designated representatives, fails to approve or disapprove such design and location in -24- writing within thirty (30) clays after said plans and specifi- cations I%av2 been sub;nitted to it , approval will not be r`- quired , and this article will be dc-!^.mcd to Have been fully complied with . Section 2 . Powers . Approval of said Plans and spec- ifications may be withheld not only because of noncompliance with any of the specific conditions , covenants and restric- tions -obtained in this Declaration , but also by reason of the reasonable dissatisfaction of ;he Committee with the plan , the co) scheme , finish , design , proportions , architecture , shape , height, style and appropriateness of the proposed structures or altered structures , the mat-erials used therein, the kind , pitch or type of roof proposed to be placed thereon , the size , height or location of trees on the Lot , or because of its reasonable dissatisfaction with any or all other mat-- tens or things u,hi.ch, in th'e reasonable judgi*aezit of the Com- mittee , will render the proposed improvement inharmonious or out of keeping with the general plan of improvement of said property or with the improvements erected on other Lot :. The approval of any such work shall be deemed conditional upon 1 the coirinencement of such work within ninety (9 0) days after Such approval has been obtained or within such other period as shall have been specified by the Committee at the time or its approval; work thereon must thereafter be prosecuted diligently to completion within a reasonable time and in any event before the expiration of any such period as may be spec- ified 'by the Committee. -25- Section 3 . Archi tec ':ural Review Committee. The Coin- mittee is hereby authorized with the rights and powers set forth herein. It shall consist: of, three (3 ) members . The Declarant shall appoint all of the original members of the Committee and all replacements until the first anniversary of the issuance of a Public Report for the Project . The Declarant reserves to itself the power to appoint a majority of the members of the Committee until ninety percent (90%) of all the subdivision in- terests in the Project have been sold or until the fifth (5th) anniversary of the issuance of the Final Public Report for the Project , whichever first occurs. After one (1) year from the date of the sale of the first subdivision interest , the Board of Directors of the Association shall have the power i:o appoint one (1) member to the Architectural Committee until ninety per- cent (90%) of all of the subdivision interests in' the Project have been sold or until the fifth ( 5th) anniversary date of j the issuance of the Final Public Report, whichever first occurs. Thereafter the Board of Directors of the Association shall have the power to appoint all of the members of the Architectural Control Committee. Mlembers appointed to the Architectural Com- mittee by the Board of Directors shall be from the membership of the �Assv -iation . Nembers appointed to the Committee by the Declarant need not be Members of the Association. At any time after the 'date set forth above , members oa° said Committee may be removed at any time by the Board of Directors or Governors , of ''the Association , and new members .maybe selected by said . Board` of' Directors or Governors. No member of the Committee S , %*ha2,1 :be ' l .able to any , person for his decisions or failure to, �,: _26.._ 0 • act in making eeczsions as a member of the Committee. Section 4 . Inspection of Ilork. (a) Upon thE! completion of any construction , reconstruction or the alteration or refinishing of the exterior of any itnprov.:!ment, or upon the comple- tion of an, other work for which approved plans are required under this Article:: , the Owner shall give writ.tEn notice thereof to the Comraittee. Within sixty (60) days after receipt- of such notice , the I Committee , or its duly authorized representative, may inspect such improvements to determine whether it was constructed , reconstructed , altered , or re- finished in substantial compliance with the approved plans . If the Coiruni.ttee finds that such construc- tion , reconstruction, alteration or refinishing was not done in substantial compliance with the approved plans , it shall notify the Owner in writing of such { noncompliance within such sixty (60) day period, specifying particulars of noncompliance , and shall require the Owner to remedy such noncompliance. (b) If upon the expiration of thirty (30) days from the date of such notification, the Owner shall have failed to remedy such noncompliance , the Commit- tee shall then report such fai.Ture to the Board of Directors who shall he autho:A-e-Lu to take such ac- tion against said owner as is deemed appropri' L. including the filing of a suit declaring said non- comply structure to be a nuisance and for abatement �27- i thereof Section 5 . �P_Pr(:)val 1..ut: Waiver . The approval of the Committee of any plans or specifications submitted for approval as herein s�.ecifi ed for use on any Lot shall not be deemed to be E, uaiver by the Comm' ttee of its right- to object to any of the features or elements embodied in !-uch pi.ans and specifica- tions , if or when the sane features or element: are embodied in any subsequent plans and specif ica►:ions subir itted for appro- val as herein provided for use oil other Lets. Neither Decla- rant nor its successors or assigns , nor the Co.-amittee or a I Member, thereof shall be liable to anyone by reason of mistake ir, judgment , negligence , or nonfeasance arising out of or in connection with the approval , disapproval jr the failure to approve or disapprove any plans . Section 6 . Presumed Ap rolpal. If , after plans and specifications have been approved , the improvements are altered, erected or maintained upon the Lot otherwise than as approved by the Committee , such alteration. , erection and maintenance l'l i shall be deemed to have been undertaken without the approval of the Committee having been obtained as required by this Declaration. notwithstanding any other provision in this Article, should any Oigner fail to notify the Committee of com- pletion of ,cork as provided in Section 4 , after the expiration of one (1) year from the date of such completion , said improve- ment shall , in favor of purchasers and encumbrances , in good faith and for value, be deemed to com ,1�. with ll of the pro- visions hereof unless a notice of such noncompliance or non- completion , executed by the Corc,ni ttee, shall. appear of record in the office of the County Recorder. of Orange County , Califor- nia , or legal proceedings shall. have been instituted to enforce compliance faith these provisions . AP.TICLE IX OBLIGATION TO WLIyTAItd , REPAIR MD REBUILD Section 1. ,iaintenance by Owner. Sub je._L to the: provisions of this Declaration regarding exterior maintenance and 'irchite ctural Committee approval , each Ot;*ner shall, at his sole cost and expense: , maintain and repair his residence ,makingkaeo- a ing the same in goad condition and making all structural re- pairs as they may be required. Section 2 , Damage and Destruction Affecting Buil- dings Duty to Rebuild. if all or any portion of any :)uilding is damaged or destroyed by fire or other casualty, it shall be the duty of the Oi-mer of said building to rehuil.d, repair or reconstrtict said residence in a manner which will res- re it substantially to its appearar,re and condition immediately prior to the casualty . i j Section Variance in Exterior Appearance and Design. Any Owner who has ­uffeWrerl damage may apply for approval to the Architectural Committee for reconstruction , rebuilding or repair of his building in a manner which will .. provide for an exterior appearance and design different from that which existed prior to 'he date of the casualty. Appli- cation For such approval shall be m«dc i)1 writing with full compliance of all of the provisions set forth in Article V11I _ .9- :; hereof. In addition to compli ancc: with all of the provisions of Article V111 by 0;,-:ier , the Architectural Coiro-nittee shall grant such approval only if the design proposed by the O:,�ncr would result in a finished Building in harmony of exterior design with other Bu,*.idings in tha Project and with the over- all theme of the Project, being old world craft-shops . Section 4 . Time ,Limitation. The Owner or Owners of any damaged Building, with the cooperation of the Archi- tectural Cotmittee , shall be obligated to proceed with all i due diligence hereunder and commence reconstruction within i three (3) months after the damage occurs and complete recon- struction within sir, (6 ) months after damage occurs , unless prevented by caused beyond their reasonable control . I ARTICLE X ; ' 9 USE RESTRICTIONS The Property shall be occupied and used as follow: : Section 1. Each Lot shall contain a building, a por- tion of which has been designed, constructed and approved for single family residence purposes and shall be used for said purposes and no other . Said area of each Building is herein defined as the "Residence. " Each Building shall additionally contain a portion which has been dusigned , constructed and approved for "craft--shop" type commercial purposes and shall be used for said purposes and no other. Said area of each Build- ing is herein defined as the "Shop. " No equipmen L- , products or `materials used for the Shop shall at a3ly time be stored in . r the "Residence or in uiiy garage area assigned to the R-!sidence. Section 2 . A Dwelling Unit nust at all tunes be occu- ' pied by either an Owner-Operator , a TIanager-Operator , or a Lessea-Operator of' the Shop below that Dwelling Unit . "Dwelling Unit" and "Shop" are defined in Sections 11. and 12 , respectively , cf Article T . "Owner-Operator" shall mean and refer to the person or persons who are the fee owners oi: contract iurchasers of the "Building" as defined in Section 10 of Article I. "Man- ager--Operator" shall mean and refer to the per:.on who is primar- ily in charge: of the management and operation of the Shop . "Lessee--Operator" shall mean and refer to the person who has `leased the Dwelling Unit for his primary residence and who has leased the Shop for his operation . Section 3 . No noxious or offensive activity sh .11 be carried on, in or upon any Lot or the Common Area , nor **'Vill anything be done therein which may be or become an annoyance or nuisance to other Owners . Section 4 . No sign, billboard or other advertising device of any kind shall be displayed to the public view on any portion of the Project until said sign, billboard or other ad- vertising device has been submitted to and approved by the Architectural Committee. Approval or denial shall be based upon shape size, design., color and content as complying with the standards set by the committee and this Declaration for the o.l'd world craft-shop type atmosphere to be perpetuated by -these- - Provided r, th�t a �cea trip Giohs. : , . howevd all. signs � otherwise pear' �3tted 2h m.ddr this S� cti;on .$hail confor with the City' s ,,Sign � -31 7-29- 6 . Ordinance . Sectionft . No 01.:ner of a L.oL shall park , store or keep any vehicle: except S- holly wi.t:hi.n t}-o pL-I ling areas desicl- hated t hCrUfor . No (),•:ner shall park , store or l:ecp ally large coin.mL-rcial type vehicle ( clump truck , cernont-. mi.%cr truck , oil or gas truck , ctc . ) , any recreational vehicle (c:amper titai t , motorhome , trailer , boat trailer, mobile hc.rae or other similar vehicle) , boat over twenty (20) fact in length or any ve.hicl.e other than a privar e passenger vch.1 cle upon any uncovered park- ing space . 'I'hn above excludes cai,,per truehS up to and ir.clud- i.ng three-quarter. ( 3/4 ) ton vhon used for everydziy- type trans- portation. No Owner of a Lot shall conduct major repairs or, major restorations of any motor vehicle , boat, trailer , air- craft or other veh :.c:l e upon any po.-t:i on of any Lot or upon the • Conmion .area , including the garage space,, , except for emergency 1 repairs thereto and than only to the extent necess .try to enable movement thereof to a proper repair. facility . Section G . No :tnima.ls , livestock or poultry of any kind shall be raised , tared or }:ept on any Lot (except Lot 49) , except that dogs , cats and other household pets may be kept on Lots subject: to rules and regulations adopted by (Aie Asso- ciation , provided that they are not kept , bred or maintained for any commercial purpose . No animal shall be maintained at any time on tiny portion of a Lot , including patio and Shop areas , where such animal creates nitisanc e, by making noise or. by .its bit- ing or threatening to bite persons in the area . No animal of any tYPe shall be rais,►d , bred or kept on any par'C of the Common Area. ...32., 7-29-76 A "Petting zoo" has been i-ipproved far existence on Lut 419 of the Project: and shall be an excel: Lion to the above restrictions ; pro- vided , li-)wcver, that the Owner of Lot 19 shall be responsible at all i I 1 I 7--29-76 -32a-- - z . times fog compliance with all local and state health and other regulations and lice.ises therefor. Sectiv,i 7 , No rubbish , trash , garbagc or other waste material shall be kLrt or permitted upon any Lot or the Common Area , except: in sanitary containe-rs loci- Lod in appropriate areas screened and concealed from view. Section S . No fence, hedge , wall or other dividing instrumentality over six (6) feet in height measured from the ground on which it stands shall be. constructed or ma ,ntained on any Lot except as Declarant may vary or exceed said height or location of any fence in accordance with its architectural plans . Section 9 . No outbuilding, basement , tent , shack, garage , trailer , camper , motorhome or shed or teriportary build- ing of any kind shall be used a5 a residence either temporar- ily or permanently . Section 10 . Nothing shall. be altered or constructed in or removed from the Common Area , except upon the written consent of the Association . Section 11 . Declarant or its transferees will under- take the work of developing all of the Luts included within said property. The completion of that work and sale , rental and other disposal of Buildings is essential to the establish- ment and welfare of said property as a residential community. As used in this Section and its subparagraph , the words, "its transferdes" specifically do not: include purchasers of Logs improved with completed Buildings. In order than said work 1 -33- may be completed and said property be established as a fully occupied residential-shop coi�oivaity as rapidly as passible, nothing in this Declaration shall be understood or const:rucd to : (a) Prevent Declarant, .Ls transferees or its or their contractors or subcontractors , from (;sing on said property or any part thereof whatever they det:ermine t o be reasonably nece.nary or advisable in connection %.,ith the completion of said work ; (b) Prt!vcnt: Declarant, , its transferees or its or their representatives from erecting , constructing and maintaining on any part or parts of said prop- erty oc•;ned or controlled by Declarant , or its trans- ferees or its or their contractors or subcontractors , such structures as may be reasonably necessary for the conduct of its business of completing said work and establishing said property as a residential community and disposing of the same in parcels by sale , lease or otherwise; (c) Prevent Declarant, its transferees or its i { or their contractors or subcontractors , from con- ducting on any part or parts of said property owned or controlled by Declarant , or its transferees , its or their lousiness of completing said work and of establishing said property as a residential--shop community and of disposing of said property in par- cels by sale , 'lease or otherwi.so ; or -34- (d) Provent Declarant , its transferees. or its or their cont:riictors or subcontractors , from !;iain- ta.ining such sign or signs on any of said Lots owned or conLrol .led by iany of t.hem as may bo necessary in connection %iith tho Tale , R-E,se other marketing of Llle hroject . Sect.ion_ll . No radio stat:iun or shor. twavc operators of: any kind shall operate from my Iaot , __except Lot 48 . No ex- terior television or radio antenna of any kind shall be con- structed or er,:,r. t:ed on any Lot or Building , except on Lot 4 8; provided , however , that exterior television antennas may be maintained upon other individual Lots , subject to the prior written consent of Lhe Architectural Committee , such time as a cable. television antenna system is available to any such Lot. i SecrLion 1.3 . No air-cond.i.tion.inr, unit: , or any portion thereof, may be installed upon or on the roof of any Building within this ProjocL. Wo air-conditioning unit, or any portion thereof, may be installed elsewhere on or in the exterior of any Building without the prior written consent of. the Archi- tectural Committee. Section 14 . No oil drilling , oil development opera- tions, oil refining, quarrying or mining operations of any kind, shall be permitted upon or in any Lot , nor shall oil -35- 7-29-76 wells, Minks , tunnels ar nincral excavations or shafts be per- m it tea upon 'lie surface of any Lot or within five hundred (500 ) feet below the surtaee of the Proje-c:t: . t•;o derrief: or other structure cle:signed for use in boring for water , oil or natural gas slia.11 be e;;ected , maintained or oer:,iitt-.ed upon any Lot . Section 1.5 . All Lots and any improvementn placed thereon shall at all timer he maintained in su n a manner as to prevent their becoming unsightly by reason of unattractive growth on such Lot or the accumul ettion of rubbish or debris thereon. In the event: any such _,ot or improvement thereon is not so maintained , the Association shall have the right , but nct the obligation , through its aGents and employees , to enter thereon for the purpose of maintenance , restoration or repair , the cost of 1which shall be added to and becc,,iie a part of the annual charge to �.,h.ic.i such Lot is subject. ARTICLE XX DA14AGE OR DESTRUCT IO14 TO COMMON AREA ASSOCIATION PROPERTY Section 1, Damage to or destruction of all or any portion of the Common Area shall be handled in the following manner (a) In the event of damage or destruction to the Common Area, and the insurance proceeds are sufficient to effect total restoration , then the 5% r . f i x Ast;aciat ion shall. cause such Common Area to be rc-- paired and reconstructed substantially as it p::e- vious.ly e::ist�-%d . (b) If the Insurance proceeds are within Five Thousand Dollars ($5 , 000. .10) or less of being suffi- cient: to effect total restoration to the Common Area , then the Association shall cause such Common Area to be rcPaired and reconstructed substantially as they prcvi.ousl,,, eXisted and the difference between the insurance proceeds and the actual cost shall be- levied as an assessment equally against each of the Lot Owners . (c) If the insurance proceed G are insuffi- cient by more than Five Thousand Dollars ($5 , 000 . 00) to effect total restoration to the Common Areas, then by i-,ritten consent or vote of a majority of the -Owners , they shall. determine whither (a) to re- build and restore in substantially the same manner A � 1 r as the iinprovc:moji is existed prior t,,a damage and to raise the necessary lurldS over the insurance pro- ceeds 1)}' ].eVyincl eljUal asse:c.si-ae11(+s against all Lots , (b) to rebuild and restore in a way %.,hich utilizes all available insurance proccads and an aduLt.ional amount not in ;excess of Five Thousand Dolly .-s ($5 , 000 . 00) and which is assessable equally to all Owners but: which is less expensive than replacing these impro',,emen Ls in substantially the same manner as they e::isted prior to being damaged , or (c) to not rebuilt: and to distribute the available insur- ance proceeds equally to the Owners and mortgagees of the Lots as their interests may appear. Provided, however , that unless the City shall agree to the contrary , it shall be the obligation of the Associa- tion and each of • the Owners to rebuild the private streets , utilities and parking lots . (d) .TI reconstruction or restoration has not actually commenced witliin one (1) year from the date of any damage to which subsection c of this Afticle is applicable , then the covenant against partition provided shall terminate and be of no further force and effect. ARTICLE XI I INSURANCE Section 1 . I►iability Insurance . The Board shall have the obligation to acquire and pay For out of the taaint-en- --3 7 ance find a policy or policies insurirg the Do.lyd and each and all of the O.Nrnera against any l.iobi"l.ity to t:he public or to the Owners or any other t)ersun restilting from or incident: to the ovnership , mar. Bement and use of the Common Area by the Board, Otrticr. s , their invitce= and tenants , and members of the public , the liability limits under :•:ii.icii insurance shall not be less than one Million Dollars ($1 , 000 , 000. 00 ) for the total bodily in-jury from any one accident , Five Hun- dred Thousand Dollars ( $ 500 ,000 . 00 ) bodily injury to one per- son , Fifty Thousand Dollars ($50 , 000 . 00) total Inedical payment for each accident, and Ten Thou:;atid Dollars ($10 , 000. 00) inedi- cal payment for anY one person injured and One Million Dollars ($1 , 000 , 000 . 00) for property damage !such limits to be re- viewed at least annually by the Board and increased in its discretion ) . The Board shalll, have. aut:harity to decrease only the medical payment limits , in its discretion. The Beard may also obtain such errors and omissions insurance or other insurance as it deems advisable insuring the Board and each Member thereof against any liability for any act or f omission in carrying out: their obligations hereunder or re- { sultin from their membership on the Board or on an committee 9 P Y thereof. ARTICLE XIII MORTGAGE PROTECTION Section-! . Plotwithsti. ling any and all provisions hereof to the contrary , in order to induce the Federal Home Loan Mortgage Corporation to participate in the financing of } -38- the sale of Lots %Atkin the Project , the follo:•iinU provisions arc added heret a (and to tiles• c::ten t these added provisions con- flict with any other provisions of the Declaration , these added provisions shall control): (n) Each holder of a first- mortgage or first Deed of Trust encuIrd7ering any Lo Ls is cnti tled to i-xitten notification from the Association of any default by the zrzorL-gagor of such Lot in the perfor- mance of such mortgagor ' s obligations under this Declaration , the Articles of Incorporation of the Association , or the By--Laws of the Association which is not: curet] within thirty (30) days . (b) Each holder of a first .Mortgage or first Deed of Trust encumbering any Lot which coracs into possession of such Lot pursuant to the remedies i provided in such mortgage or Deed of Trust, or by 1 foreclosure of such mortgage or Deed of Trust, or by Deed (or assignment) in lieu of foreclosure , shall be exempt from and► "right of first refusal, " or other restriction on the sale or rental of such Lot , including , but not limited to, restrictions on the age of the occupants of such Lot and restric- tions on the- Ljosting of signs pertaining to the sale or rental of such Lot. (c) Each Lolder of a first mortgage or first Deed of Trust encumbering any Lot which comes into possession of such Lot pursuant to the remedies pro- • vided in such mor t:gago. or Deed of Trust shall take title to such Lot free and clear of any claims for unpaid assessments or charges against such Lot which accrued prior to the: t;irne such holder comes into possession of such Lot: . (d) Unless at least seventy--five percent (75% ) of the first mortgagees (based upon one vote for each first mortgage owned) of Lots have given their prior written approval, the Association shall not be on- titled to : (1) by act or omission seek to abandon , partition , subdivide , encurnber , nell or transfer real estate or improvements thereon which are owned , directly or indirectly- , by the Associa- tion . -s i tion t:or the. bc.ie�.�.t of the Lot_ w�.tt1_n the Properties ; provided , however.. that the grant- ing of easements for public utilities or for other public purposes consistent with the intended use of such property by the Association and the i Owners shall not be deemed a transfer within the meaning of this clause; (2) change the method of determining the obligations , assessments , dues or other charges which may be levied against the Lot Owner; (3) by act or omission change , waive or abandon any scheme of regulations , or the en- forcement thereof, pertaining to the architec-- 1 • tural design or the exterior appew:anrm of the Buildings , the uxterior maintenance of the DOi ld ings , the rr a in tonance of party walls or common fences and driveways , or the up}:cep of lawns and planting in the Project; ( 4 ) fail to r:ta"in Lain F i ric. and Extended Coverage on insurable Common Area on a current replacement cost basis in an amount not less than one hundred percent ( 1004) of the .insur- able value (based on Current: replacement cost) ; or (5) use hazard insurance proceeds fur losses to any Common Area for. other than the repair , replacement or reconstruction of such improvements ; (c) First mortgagees shall have the right to examine the boors acid i:ecords of the Association . � ( f) An adequate reserve fund for replacement of the common elements must be established and must be funded by regular monthly payments rather than by special assessments . (g) In the event of substantial damage or de- struction of any Lot or any part of the conunon ele- rnents or any portion thereof , the institutional hold- er of any first mortgage on a Lot, shall be entitled t- -41- 7-29-76 r i. k'. tO tim,21Y 'v;ritttin noLicu of any such dw-.lagc or du- i st:rucLioi` and furthO , that no Provision in this Doc- l�arati.on shall. be .irit��i-prctecl to nnfritl.e ttie U:rncr of the '1;(jt or any other party to priority over such institutir.)nal_ holder respect: to the distribution to such Lot of any insurance proceods . (l,) Any agreement 'at- professional. rnanagemerit of a Condominium Project shall prut-.i.cie that the inan- agement contract: ma : be terminat4, , for cause on thirty (30) day ' s z•;ritten notice , and Lhci te.trn of any such contract does not exco(_-d one (1) year , reneviable by agreement of- the- partic_s for successive one (1) year Periods . ( i) First rnortgr,gecs of Lots within the Proj - ect m,:y, jointly or singly pay t-a:;e s or other charges s/hich are in default and which mad or have b^_come a c;,atyc: against any of the Conuion Area and may pay overdue pre:-.dums on hazard insurance poli- cies , or secure new hazard insurance coverage on the lapse of a policy , for such property and first rnortr- gagees making such payments shall be owed immediate reimbursement therefor from the Association . (j ) No provision in this Declaration of Re-- r -42- 5 � 1 f _ ntrict: iow; , or in the A.-ticles of Incorporation or of Ule Xssoci.at_.ion, shall be interpreted to 'l give t h,! Owner of any Lot %vit h in the Project , or f any uth-_!r P,-.117ty , priority over any rights of first moric;aUe.es ().i Lots ••:i.thiri the Project pursuant to th--,i.r morttkjacles in the event of a distribution La T,nt Uaners of insurance proceeds or condemnation ards is ur losses to or a taking of the Common Area . t 'c ) ? II Co -nmon Area which is regarded as part ` of Up-!! vr_-ilue of C2:icil I.o, *within Uie- Project for puru-)s,-s (.)f the «ppraia(il upon .-ohich the mortgage loan is p ed.icatorl is fully installed and completed and is available- t-or cic;e by the Lot Owners . Lot 0%.,n:.rs a right. to enjoyment of the Common Area. The Co n:,,ir.)n Area shcAll be conve;.,ed to the Association , i ree anci cigar of all cncumbranccs and lien , except currenc cual property t.a::os , u,hich taxes shall be prorated to date of transfer , and except for any casements granted for public utilities or for other public purposes consi s t-en t :iith the intended use of the Corxmon Area . (1) The Association shall give iIMMC notice (c/o Servicer at O-Qrvicer ' s address ) in writing. of any lass to , or taking of, the Covanon Area within the Properties if such loss or taking exceed Ten Thousand Dollars ($10 , 000. 00) . Section 2 . No breach of any of the foregoing cove-- -43- nants and restrictions shall cause any forfeiture of title or reversion or bastoi -i any right of re-entrywhatsoever, but vio- lation of any one or more of these covenants or restrictions may be enjoined or abated by b3clararit , its successors and assigns , and by the Association , or by an 0%.inor of a Lut in the Project , by action of any court of. competent ;jurisdic- tion , and damages may also be awarded against such violations; provided , however , that any such violation shall not defeat or render invalid the lien of any mortgage or deed of trust inade in good faith and for value as to said property or any part thereof , but said covenants and restrictions shall be binding upon and effective against any Owner of said property , or portion thereof , whose title thereto is acquired by foredo- sure, trustee ' s sale or otherwi .c . ARTICLE XIV i GENEML PROVISIONS Section 1 . Enforcement . The Declaration of Re- strictions , the Articles of Incorporation, and the By-Lads may be enforced by the Association , the City or any Owner as follows : (a) Breach of any of the covenants contained s in the Declaration and the continuation of any such breach may be enjoined , abated or remedied by appro-, A priate legal proceedings by any Owner, by the A.Sso Asso- ciation or t:lt�: successors in interest of the Asso•- �1, � ciation, or the City. -4 7- F " (b) The re,,.-It of every act cur omission where- by any of the covenants contained in this Declara- tion are: violated in whole or in part is hereby de-- clared to be and constitutes a nuisance, and every remody, allcnied by lace or equity against a nuisance either publif.:: or private shall be applicable against: eve.rl such result and tray be e::ercised by any Owner, by the Association or .its successors in interest , or the C i ty. (c) The remedies herein provided for breach of the covenants contained in this Declaration shall be dceme cumulative, and none of such remedies shall be deemed exclusive . (d) The failure of the Association to enforce any of the covenants contained in L-hia Declaration shall not constitute a waiver of t:v, right to en- force the same thereafter . (e) A breach of the covenants contained in this Declaration shall not affect- or impair the lien or charge of any bona fide mortgage or deed of trust made in good faith and for value on any residential Lot or the improvements thereon , provided , However, 4 that any subsequent oc•iner of such property shall be bound by said covenants , whether such Owner ' s title was acquired by foreclosure in a trustee ' s sale or r otherwise . r (f) The Association shall have the right to y -45- 4 suspend the voting rights and right to use of the facilities by a rieraier for, any zierioa during which any assessment against his LoL remains unpaid ; and for a period not to exceed thirty (3 0) days after notice and hearing for any infraction of its pub- listic-A rules and regulations. ` (g ) In addition to the above general rights of enforcement , the City shall have the right , through its agents and employces , to enter upon any part: of the Prouertic- for thc-. purpose of en- forcing the California Vehicle Cock,, and the ordin- ances of the City , and is hereby granted an easement over the Project for thut purpose. Section 2. 5everability. Invalidation of any one shall in no wEry af`c� which any other provisions hich shall r4main in full force and effect . Section 3 . Term. The covenants and restrictions of this Declaration shall run with and bind the Project, and shall a inure to the benefit of and be enforceable by the Association or the Owner of any land subject to this Declaration , their respective legal representatives , heirs , successors and as signs , for a term of fifty (50) years from the date this Dec- , laration is recorded, after which time said covenants and re- tar' strictions shall be automatically extended .for successive periods of ten (10) years , unless an instrument, signed by. a i , majority of the then owners of the Lots, has been recorded, r., -agreeing to change said covenants and restrictions ill Thole or f , -4^Y Maim r „ � l r in part. Section 4 . Construction . The provisions of this ” Declaration shall be liberally construeLl to effectuate its purpose of creating a uniform plan for the development of a residential-•craft shop community and for the maintenance of community facilities and community areas . The article and section headings have been inserted for convenience only , and shall not be considered or referred to in resolving questions : of interpretation or construction. Section 5 . Amendments. This Declaration of Cove- nants and restrictions may be amended only by an affirmative vote of not less than seventy-five percent 1, 7510 ) of the Own- ers and seventy-five percent (75» ) of the first mortgagees on the Properties , and , further , this amendment provision shall not be attmendc�d to allow amendments by vote of less than severity-five percent ( 75L) of. the Owners or seventy--five per- cent (75% ) of the mortgagees . Provided, however , that the provisions of this Declaration sI ill not be amended without s the written consent of either tt,. City Director of Planning or the City Attorney , to the extent such provisions relate to the original conditions placed on the Properties by the City or to the extent such provisions effect the City ' s rights herein. -- ;��' IN WITNESS WHEREOF, Declarant has executed this Instru merit this 25th day of May 1976 . T' �-7. C . S . G. DEVELOPI';�5, a ' ►t` f California corpor<<titin ZIA ;�`Y a JOSEE, -BI5C110F, Poaidenk STATE OF CALIFOR141A ) COUNTY OF ORANGE ) On Ma 7.5 , 19 7 G , before me , the undersigned , a Notary Public in and for, said State, personally appeared JOSEF 111SCHOF , known to rye to be the President of the corporation that executed the within instru- ment and known to me to be the persons who exec:utad the within instrument on behalf of the corporation there:in named , and acknocaledged to me that such corporation executed the within instrument pursuant to its By-Laws or a Resolution of its Board Of Directors . 1=.r...r• .r.w.n.r•.ip l9yr•r=..r.•,uFNI'IrA. ��— OFr1C{:L Sfc, WITNESS my hand and official seal. ('A`J!�, r'. �!!E:TER ►t ;r. j' , i_:r L, Nv ;r ►UJLI -JR:IIA ,. . �' ► i.: 1rn MYrl1 !11 !•f�1 )I Nt ept. Signature [SEAL) u; r. , L' r` 6 r 4i y ray rt tiK ' t, r 4 t i 1 r -48- Page Four CUP 75-24/TT 9119/TP14 75-15 Code Amendment No. 75-13 "North Huntington Center Specific Plan" (effective January 140 1976) does permit a mixture of land uses as intended by the City Council , 4 . 0 DESCRIPTION OF DEVELOPMENT PROPOSAL: The following applications had been filed relating to the subject property : Conditional Use Permit No. 75-24 - Commercial/Residential Development Proposal within the entire Specific Plan Area. Conditional Exception No. 75•-46 - A proposal to allow a portion of the parking provided for the proposed development in compact car spaces . Th '.s issue , incidentally , is addressed in a separate staff report contained within the Febr4ary 3 , 1976 Planning Commission Agenda . Tentative Parcel Map 75-15 - A proposal to divide the property into 4 parcels within the subject boundary. Tentative Tract No. 9119 - A 54 lot subdivision within the confines of the European Village complex establishing condominium ownership patterns . The subject property is proposed to be developed in two phases. 4. 1 Phase I of the proposal encompasses property within Site I and Site 2 as preferred to on the attached. development plan . Site 1 is a proposal to create a 277 unit residential apartment complex with-related off -street parking facilities and recreation areas. . 2 ,i . �►, proposed European Village, . theme c'ornm®roial o t entr p udes :45: residential -co'ndominium units in • coh j upatir r� �ri#rh A t++t.+�]�y ,38 000'sq.: ft. of speciaLty ,commeroial -f�.6ar si gh , , . commercial f l o r 'will' peOvidenlor' s�xah ;.use oo a..=12 :uz t _ice r area m�ac�ia Oft "111 hotter MikI c t A r fir)ti+ ki:•• n• + � �- �Iz�'��wh�;�dtt�• .�u�d :dM�lp��yin y•yc�ts:, Va t . �. Y,wrd • rfe�j - ' is.�rL�� t'iilg' r According-. to the applicant, the primary purpose of the amusement aroe would be to provide entertair►ment for the children during the t3ne. adults are frequenting the specialty shops within the villaige: Phase, 3 bt the proposal lies generally east of the proposed street ` { bisrcting the subject property. Proposed is the construction of a L.AW 0FF1CCX% HOLZWAR114 ,6 U NSWORTH . CMARLtSvW�UNl/W011T/1 OCCUPOTT pANK DOLVING + WILLfJ% A d:1040LZWAnT►1 { tiU1TC p04 ARp NOpTa MAIM StRLCT S JOH•t1 A UCaoCN r. JACK L'.-zl!'Aar.LLLRMAN SAIVYA ANA•C.lL'fO�MM 9Z701 Apt^ COD[ OM ' +• T�llrrhONIC �'1�Ip11 • December 29 , 1975 . t Mr. David Eady ' Planning. DepartmentFy't� --•; City of Huntington Beach 2000 Main Street 1 - Huntingtoa• Beach , California RE: Eur6e6an Village Tenth'tive Tract No. 9119 ' Dear Mr. hady : The follows. -is an outline of the plan for orga'inizatian and operation of the owners association fox the above referenced project. awr�ers. association will be .formed and, incorporated.._ for •f o ratAnq and managing the proje&t,, Bali* o; p�ur�aase o •g>G • or , !► rct:, 3.thin trie prc��ect will became a memk,er of theso- dia acid •ors hip will -transfer automaticiilly 'u a ;thee f }'cemexs�hp cif : bet lot. the asssociaron wig' rat" ass' a nririprofit t o dxaition 1�&d1el ftaz- 'ahs t .o XU des# (APIA _the ' '.i 3. The Declaration will deal with a nunwer: of standard re ola•- ` ' ti o s. pertaining to the use of this type of propgrty.. For exatnpie the Declaration will provide for the assigr�meat of the " f:ndividual garage spaces to the. owners of particular late Frith- � `in`:.the prhperty so that, either by fee tittle or. by 'exclusive •, easenent+; the exclusive right to use a particular garage 1will '.ba-lasss i ned to a lot thus uaranteeinry the availability of / . J, Oa rage, spAce to each of the owners. In addition , the �c�.aratiori:rry 1 •f 7h • . t.nw arricxs ?WA EZ'1 H 8 U N 5WO10i Mr. David -Bady Decembex';.49 , 1975 Page Two • will deal. 'with- an equitable division of the bale nce of the parking .opace in accordance with the requirements of the City. Enforcement •of parking related to private garages has generally been the responsibility of the association. Responsibility for parking in open •parking lots and other street parking has gen- erally fallen jointly on the association and the City , and for . that purpose the Declaration provides for the right of the City . .• Police to enter upon any portion of the private property for . the purpose of enforcing the ordinances of the City and the statutes encompassed in the California Vehicle Code. 4 . Due to the many unique features of this project, it will be necegsariy.• for the Declaration to include more extensive provi- sions w.i.t.)- regard to the use of the property. For example , the Declaration will probably include a right of first refusal to . be vested ►in either the association or the developer so that continuity within the project can be guaranteed to the purchasers of the various lots . Without this type of control, both living conditions and styles of doing business might otherwise cause the project atmosphere to deteriorate . It has been suggested, for example, that leases be standardize such that if a commer- cial unit/ or a residential unit is leased by the owner to some other party, the lease will include: specific reguirements with regard to the tenant complying with the covenants , conditions and restrictions set forth in the, Declaration, as well as any rules and regulations promulgated by the association. S. The Declaration will also provide for assessments to be Collected by the board of directors from each o` the lot owners for the purpose of maintaining and operating the project. -It is planned at this time that assessments will be prorated accord- ing to square footage of building space on each lot. The Declara - tion will, of course , contain the normal, provisions necessary for the enforcement of those assessments , including• the right of lien and foreclosure . 6. The association will be empowered to use the assessments for the purpose of operating and maintaining the" project. Main- tenance will include all landscape maintenance within the common areas , as. well as exterior maintenance of all buildings . The � only possible exception to landscape maintenance mi.ght' be that area of tne. landscaping which would be within the rear yard patio fdncEs on each lot. That area might be mpaintained .by the* .indiviOdAl owners, subject to occasional xevi.ew 'by the arehi- tecturaf committee. i ,{ • 7 LAW OfFICt:£i' t 1 NAIAKTH Fs UNSti�C I l� Mr. David. Eady - December.25 , 1975 Page Three. ...;•ram . 7 . In ad4ition to the aforementioned specific provisions which . ' will appear in the Declaration, there will he one or ntore articles .*in 'the Declaration which will enumerate other use re- strictions , such as a limitation on various types of aerials 4 to be erected on structures withka the property. Such a limita-� tion is generally subject to review by the architectural com- mittee. Other use restrictions might include the type and .• number of pets permitted. There will be controls with regard to adveitising , signs and other exterior additions' to the build- ings . Those controls will , of course, be a combination of compliance with City ordinances for issuance of various types of permits and the architectural committee ' s decision with re- gard to � the aceeptableness for aesthetic: purposes. There will be various •reguIations with regard to the carrying on- of business activittiesV-on the project.. The exact extent o= •,hose 'regulations . has not been determined as yet; however, there might well be certain restrictions which will be very similar to those used in modern shopping centers for the control of sales , promotional schemes , etc. i We have recently acquired copies of restrictions which were re- corded orr•a project similar to the subject property in Wisconsin: We are reviewing those at the preaent time to gather any addi- tional provisions which might seen to be of use to our project. The first draft of the restrictions for the project will be *available within the next week or two, and will. be forwarded to you for review immediately upon completion. In the meantime, if your subdivision committee has any suggestions with regard ' to additional restrictions or provisions other than those set forth in this letter, I would be most anxious to- receive those and to incorporate them into the first draft. I look forward to hearing from you at your earliest possible convenience if there are any suggested additions. Thank you for your help. Yours very truly, HOLVARTH & UNSWORTH f- RTH BY: W A!•1 G . H WCH:pm L � Pc : Mr.:.;Jose£ Bischof W.C:S.L. Flall .& Foreman, Inc. Attention : Mr. George Shambeck • ' • � r r _SPEC I A& NOTES ` Yii1S PROJECT IS A PLANNED CEVELOPMENT, IT INCLUDES COMMON AREAS AND COMMON FACILITIES WHICH WILL BE OPERATED BY AN INCORPORATED OWWERS ASSOCIATiON, THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES iS LIMITED TO YOUR RIGHT TO VOTE AT MEETINGS. THE DEVELOPER HAS STATED THAT HE WiLL PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION, itESTRICTIONS AND 9YLAWS, BY POSTING THEM IN A PROMINENT LOCATiON iN THE SALES OFFICE ANO BY FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN NUMEROUS MATERiAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES, USE, OBLIGATIONS , AND COSTS OF MAINTENANCE AND OPERATiON. . YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BEFORE YOU Oel.IGATE YOURSELF TO PURCHASE A LOT. THE SUBDIVIDER STATED HE WILL FURNISH THE CURRENT BOARD OF OFFICERS OF THE HOMEOWNER ASSOCIATION THE BUILDING PLANS TO INCLUDE DIAGRA-S Or LOCATION OF MAJOR COMPONENTS, UTILITIES AND RELATED DATA. IN EB.CSTITO B[ CONVEYED: You wi 11 receive fee ti tic to a speci f ied lot together with a membership in Old World Owners Associa, ion and rights to use the common area. L ,ATiON AND SIZ,F: In the City of Huntington Beach. This project conri fists of spproxi- matel 89�acres divided into 54 lots lus Lot A which includes c .y p �� �� ormon area consisting of Lot 4 and Lot "A" on which community facilities i ti es consisting of arkin lot for 5 � Y 9 P 9 owners and com*rcial parking lot . clubhouse with sundeck, walkways , street, and land soaped area will be constructed. The subdivider advises that indivlIdual escrows will not close until all improvemeAts, struc_wress and facilities on Lots 54 and "A" of Tract 9115 are completed. IL i I� A11� WJATI0N.- Th• Old World-Owners Asscciatlon which,.ya�u .must-. aotn, :.and rate$ I the �c •rea(s) In *era rdance wI th the Restriction ,. Af'ti+�t M MINNIZRANC1 ,00 ERAYIONAL EXPOSC The subdivider has submitted a budget for the swi p rename and operation of the common a Tess. You should obtain a copy of this budget 'from the- subdivider. Under this budget. the monthly assessmonnt against each subdivi- sion tint t ul i 1 va+Y from $24.47 to $294. 57 depending upon the square footage of the tin' t purchased. jh addition, an advertising budget of $. 08 per square foot of commercial area per r nth shall be regutated :y the Board of Di rectors by resolution, from tier* :o timr, t iCbfding, to the actual nerrds for advertis ing as determined by thq Board, OF TIIE BUDGET r4RNISMEb TO YOU BY THE DEVELOPER SHOWS A' MONTHLY ASSESSMENT FIGURE WHICH VARIES 10% OR MORE FROM THE ASSESSMENT AMOUNT SHOWN IN THIS { PUILIt RVORT YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE l 't11TER 1ft INTO AN AGREEMENT TO PURCHASE. 7did -Z- of 6 pages FILE NO* J u 11943n 1280 the restrictions and limitations provided hereinafter and in 1 the By-IAWs of the Association. ARTICLE V L�t1'i' ES AN Pq ERs : C! •THE:'`ASSMIATfOM'. :,'.- Section 1 . The Association shall also have the power and/or duty to: (a) . "awn, maintain, and, otherwise manage the, .:. Commn `xreals Bind all facilities , improvements and landscaping thereon , and all other property acquired by the Association. Le-•ascaping in the Common Area described in this Declaration shall be installed and maintained at all times . In addition to the provisions elsewhere herein for maintenance of the �~ n Area, the Association shall specifically � Comma Ar , maintain all private streets and parking lots in a condition comparable to the condition initially ap- proved by the Ci ty. (b) Pay any real and personal property taxes and other charges assessed against the Common Areas -r owned by it. . ' (c) Have the authority to obtain, for the ry benefit of all of the Lots , and the Common Areas , all water, gas and electric service and zefuse col- lection where required. (d) Grant easements where necessary for utili- ties and sewer facilities over the Common Areas -!:c �•13-� February 2 , 1976 a Hunt'i.ngton Beach Planning Commission W.C.S.L. offers the following to be a part of the Conditiohal Use Permit for the Project OLD WORLD . The �yca�."tiercia] ly used square footage under the loxty-fia� (45) , r. U . G. inits wL11 not excees 38 , 600 square feet . I Joset Biachoff 'President of W.C .SSLM j W.c, s .his needs the fc1lawinq parking spaces to coms.y With the :eguired ordinam & : .. $�C e e Foxt.y-five (45) P . U. D. units 68 Cemmercial under units 1,99 One 12-•room motel 12 1800 sq. ft. -of office space 6 70 seat ratske :.ler 1.4 L 275 seat resta-arant 55 Spe► tal stands for popcorn, hotdogs, sutiveni rs, photos, •,ewspape:rs, etc. Chapel , recreation Festival ground 10n 444 Acctrding to our angular parking layout , we have 375 S.inc.0 , we, have _wo (2) commercial parking lots and' a ch under r ?A! i'pac:es, we should be permitted to u3e 90 deg'ree parking. with 90, degree parking , we could provide 403 spaces , we c.)uld show, 419 by letting us use 90 degree parking , includinq 251 for compact cars . Nq'lE: Festival time is between May and October and mostly during the evenings between 7 : 00 P.M. and Midnight . The planning conanission should be aware that there in an interchangeable use on the various operations . We should have a surplus • pareting, since mostly all events do not occur at the same time . . i • • .`I�i' 15-24/1$T 9119/TBM /5-15 � Page Thirteen -• . ' �'r�1.' " 1 r w, 1 l JO . '� Ir l.1 Y'• tic" 1 • t •.j J shall toff foe, poirtion) ot.,t2�e 111 -1 r u it Yily; by e ; r�ii6jta►ntr'-of;Fthe:':vf] .:.. is 0 Oh. ais an - an to which tat' loyees :�+i�11• have to •drive. A ' . A number of people visiting the specialty commercial complex within the European Village will attend the restaurant . Based upon the findings, the staff believes that the total of 714 parking spaces an recommended in the Fisher Report is adequate and realistic to accommodate the anticipated number of people. The- -staff recommends, however, that a stipulation be added to the . conditions of approval which would require monitoring. of the provided parking in phase 1 during the first six months of its operation to determine if parking needs are satisfied. This is recommended because of the unique nature of the land uses and' the possibility that the reduced parking may not function well if development is not improved , as a total entity at one time. This arrangement will satisfy parking needs which can only be predicted at best due to the unique aspects of the land use. N6TE: The planning Commission must cite the number of parking spaces required by their action as the specific plan is structured to allow flexibility. In doing so, the Department of wilding and Community Development will be able to perform an accurate 1 plan check. . 4 ,1