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Use permit 82-31 - Norbert Dall - To convert an existing 286
iNTHP rT Superior Court dp IC cry. •t•ttil / Vr 3'I'ATF OF CALIFORNIA " "' ..... In and for the County of Orange • "'""� CITY OF HUNTINGTON BEACH _ PROOF OFrLIBUCAMON CITY LLEERK PUBLIC HEARING State of California ) CountyofOrange 1"E A1sf Z• +- AN�tt�1i0 ', APRIL L. ELLIOTT " That I am and at all times herein mentioned sins a citizen of a the United Sates,over the ry of twenty-one years, and '.hat 1t � am not a party to, nor interee:ed in the abxove entitled matter, ; tttf that I am the principal clerk of the printer of the M HIINTINGTON BEACH IND. REVIEW a newspaper of general circulation,punished in the City of w: HUNTINGTON BEACH '* w � County of Orange and which newspaper is published for the disemination of la.nl sews and intelligence of a general charac- ter, and which newip"r at all times herein mentioned had and still has a Ixms fide subscription list of paying subscribers, , and which newspaper has been established, printed and put)- Jim !-shed at rc-tular interval.+ in the said County of Orange fora period excc.'ing one year: that the notice. of which the annezi%d is a primed copy, has been published in the regular sad en6 a issue of said newspaper, and not in any supplement thereof,on the following dates,kr w-it MARCN 249 1983 I certify (or declare) und-.r penalty of perjury that the forego- Ing is true and correct. bated At......GARDEN GROVE......... ................ California,this .25 th,day of . MARCH.ly._.8,.. April l.. Elliott ................................. .. ..... .......... shmstu 6t&&& Fam No.POP 92M Pa66 5 0 Separations between Building Numbers : R( quired Provided 1 & 2 6 ) feet 48 Feet 3 & 4 70 feet 48 feet 5 & 6 75 feet 28 feet 7 & 8 60 feet 49 feet 15 & 16 30 feet 2r feet Section 9362 . 7 (i) requires a distance between vehicular accessways and that I.Jrtion of a building used for human habita- tion of 15 feet. Buildings 1 through 14 are not in compliance with this standard. Section ;s62. 10 (a) (Buildin Bulk) of the ordinance code requires that no more than 6 welling units be attached side-by-side . Buildings 1 , 4, 5, and 8 do not comply wit-Li this: standard . Section 9362. 10 (c) (Building Bulk) requires that strictures having dwel- ling units attached side-by-side shall have at least. one-third of the total number of units within such structures constructed one story less than the remaining structures. None of the buildings in the proposed project comply with this standard . Section 9362. 11 (Open Space) r.�quires that all units constructed above the ground floor level (there are no ground floor units in this development) be provided with halconies or sun decks . In III the existing 286-unit apartment complex, 278 units have balcon-es . of these, 54 balconies comply with the minimum standards in the code . The applicant proposes to demolish 41 units and add balconies to a numbex of the remaining units. of the remaining 245 units , 237 will have balconies under the proposed plan. One Hundred (100) of the 237 units with bal- conies will exceed the minimum size criteria for balconies. Balconies in the r 'VdLining 137 units Y�i.th balconies will range in sine from 32 square feet to 112 square fc;:t. Section 9362. 14 (Minimum Floor Area) requires that each dwelling unit within a planned residential development be a minimum size, proportional to the number of bedrooms within the unit. The sec- tion provides for minimum floor areas of 650 square feet for one-bedroom units, 900 square feet for two-bedroom units , and li3O square feet for three-bedroom units. Within the proposed planned residential develop- ment, four (4) models of t,:o-bedroom units (Al, A2, C. and F) are deficient, having 807 , 807 , 796 , and 673 square feet of floor area re- spectively. The three-bedroom model (Cl) in the development is also slightly deficient, having 1012 square feet of floor area. It is the staff' s position that the proposed 245-unit planned residential " development would not sufficiently comply with the stated 'obje::tive in Section 9360 of the ordinance code, which is to distinguish planned residential. developments From apartment complexes . The site layout and design- of the proposed project:, in the staff' s view, more closely resemble existing apartment complexes within the City .than projects which .have been approved under the present planned development standards. The proM posed project has design features which, to this date, have not been Pagc 6 permitted in planned residential developments ; namely, front yard set- backs for buildings on an arterial street whit.h are less than the min- imum standard and direct pedestriai, access from an arterial street for a number of the individual units in the complex . The staff and the Planning Commission i.ave consistently attempted to ensure maximum security and minimum intrusion from outside sources in planned residen- tial development;: . The applicant is p.--o osin a major renovation of the existing Hunting- ton r P 9 7 g 9 ton West apartment complex as part of the proposal for conversion to condominiums . At a cost of more than $2 . 5 million, the applicant pro- poses to demolish 41 of :he existing apa tment units, construct two new pLrking structures, provide major new landscaping, enhance the noise attenuation capability of walls between units and windows fronting onto adjacent streets, provide new balconies in nearly one -third of the urits , ' provide new rc.. • itional facilities, and provide new exteriors on the 16 perimeter Y _diigs . The applicant has also Made a commitment to relocation and icving expenses of displaced tenants and is proposing to mpke 75 percent Gf the condominium units available for purchase by per- sons or families of low and moderate incomes . Arter these improvements are completed, the code deficiencies described previously wuulO still zemain . The applicant was granted a special permit by the Planning Commission allowic,g less than the minimum standards in the areas described above . The special : permit was granted by the Planning :commission pzIMari.ly on the basis that the specific improvements beam, proposed by the appli- cant to renovate the existing apartment develol-vent are benefits which offset the code deficiencies indentified in the request for special permit. It was the consensus of the Planning Commission that the appli- cant' s proposal will result in a better project than presently exists on the site. At the February 3.5 , 1983 public hearing , the Planning Commission unan- imously adopted a motion directing staff to prepare findings and conditions for approval of the project. The findings and conditions prepared by the staff were presented to the Commission at its March 15, 1983, meeting. The staff' s suggested condition3 of approval varied significantly in some respects with a list of suggested conditions which had been submitted by the applicant. ' Considerable discussion was held by the Commission on March 15 regarding 1 the staff' s vs. the applicant' s suggested conditions of approval from the standpoint of guaranteeing a percentage of affordable units within the development. The applicant' u suggested condition regarding affordable units basically offers the availability of 75 percent of the units within the project at prices within the low/moderate range to the public (including tenants) and the City for a combined period of 280 days. The staff in its suggested condition sought to ensure that 20 percent of the units within the development (49 units) would be available i)i the low/moderate price range for a period of five years. Three to five years is the approximate time frame for completion of all phases of the proiec' t. The, Planning Commission adapted the low/moderate income condition as suggestod -by the applicant. Page 7 In the course of deliberations on this project, three staff reports were generated for presentation to the Planning Commission and several documento were submitted by the applicant, both describing the proposed project and rebutting the staff reports . All of these documents are on file and available for review in the office of. the City Clerk. FUNDING SOURCE: Not applicable . ALTER 4ATIVE ACTION : Two alterantive courses of action the City Council may wash t-� consider are as follows : 1 . Concur with Councilman Pattinson ' s appeal and overturn the Planning Conunission ' s approval of Conditional Use Permit No . 82-31 and Tentative Tract No. 11879 based on the foregoing Findings for Denial. 2. Modify the conditions of approval adopted by the Planning Commission on March 15 , 1983 . The conditions of approval suggested by staff are contained in the Planning Commission March 15 , 1983 , staff report. SUPPORTING INFORMATION: 1. Letter from Councilman Pattinson (appellant) dated March 21 , 1.983 2. Area Map 3 . February 15 , 1983 staff report and minutes 9 . Applicant ' s letter dated February 22, 1983 with suggested conditions of approval 5 . March 1 , 1983 staff report 6 . March 15, 1983 staff report and minutes, with Conditions of Approval Ce;T:JWP: df ' r J r r CiTY OF HUNTINGTON BEACH CITY COUNCIL COMMUNICATION � • .MrRiMrG10M M4• . , Honorable Mayor and TO City Council Members FROM Councilman Pattinson ATTENTION: CITY CLERK GUBJ EcT APPEAL OF PLANNING COMMISSION' S DECISION DATE March 21, 1983 REGARDING Ar.ENDA ITEM C-1 (MTG . 3/15/83) I wish to appeal the decision of the Planning Connission on their Agenda Item C-1 of the Planning Commission 's meeting of March 159 1983 - in reference to condo conversion of the apartments located at the northwest corner of Darner and Edwards. I feel that due tc the substandard construction of this building , it is not in the best interest of the citizens and future citizens of this comnunity to have a building structure such as this converted to condominiums . •a ca - dam qj m ! t' UJ ss.-03 `--x CO rr .••�Vt . I '. a •, f Y �+ aft i�•' ;+ - . 1�y'r �4�,itbr'{��El! � `it>, t L• t 3 $ S , • i. yid. �i}�.lµ�y � �«iy+'1+ : 1 ';r '� •t i r 'f ' i . , •i• Q 1 YkNk A�• Q;14.�+i'y r.,,�.,, } i r ( '. t t 1 J( , 1 �,,-Ai I to f + ,• r k ( �'�D ) `� i ' .1 if.: t irti•�• �, r� � ';{'+'•1�/r��`����Titt(.'�►.?•�1 ,. I !'' l�ti T 0 FH U N* ING ICI ; 1`, ,�� 'i1+' w1•.+'•�,tl V 'oo I tt,�'' ,` +'2 ,:,' f'' N ,1, •,!) 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I i ... ter. . !.�•• ► rn..11%rro%EACH HUNTINGTON MACH PLANNING DIVISION 8&7 CITY OF Hr.JNTIN :TON SMACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF Th : CITY CLERK April 19, 1983 Norbert Dal I , Agent Master Properties No. 9, Ltd. 1225 Eighth Street 1485 Sacramento, CA 95814 The CityCouncil of tha City of Huntington s r Y ngt n Beach at its regular ,neeti ng held Monday.; April 18, 1983, granted Councilman Pattinson's appeal to the Planning CrA mission's approval of TT 11879 and CUP 82-31 , and denied sai.i applications. "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 nine, days from April 19, 1983 to apply to the courts for judicial review." Alicia M. Wentworth Ci�y Clerk AMW:CB:js Enclosure cc: Gail Hutton, City. Attorney James Palin, Development Services Director ITrl�.�i �1a�sas�I NORBERT H. DALE & ASSOCIATES 1225 EIGHTH STREET / SUITE 485 / SACRAMENTO. CALIFORNIA 95814 / 916/44.3-2333 March 25, 1983 Mr. James W. Palin Secretary Huntington Beach Planning Commission P. 0. aox 190 Huntington Beach , California 92648 Attn : Mr. Savoy Bellavia RE : NOTICE OF ACTION -- TENTATIVE TRACT 11879/C.U .P . P':-31 Dear Mr. Palin: I received yesterday , per "Express Mail" dated March 23 , 1983 . the notices of action, including findings and c:cnditions , for the Commission' s approval of Tentative Tract 11879 and Conditional Use Permit 82-31 . Upon initial review, it appears that the Notice o4 Action for the Conditional Use Permit accurately reflects the actions of the Planning Commission . However, the Notice of Action for the tentative tract map erroneously identifies the last day for filing an appeal as March 25, 1983 . Since the Notice also states that an appeal of the map decision "must be . . . submitted to the Office of the City Clerk within fifteen ( 15) daya of the date of the Commission ' s action" , and since th;� ,-. date was March 15, 1983 , it would appear that the coriect closing date for the appeal period is March 30 , 1983 , rather than March 25 , 1983 . Thank you :in advance for your attention to this matter. Sincerel yours , orbert H. Oall NHD: tc Cc: Huntington Beach City Clerk David Pierson , Esq. Charles H. Olsen, Esq. NORBERT H. DAU & A SSCCIATES 1226 EIGHTH STREET / SUITE 485 / SACRAMENTO. CALIFORNIA 95814 / 916/443.2333 March 25, 1983 The Honorable Bob Mandic Mayor City of Huntington Reach City Hall 2000 !....in Street Huntington, Beach, California 92648 SUBJECT: CONTINUANCE OF CCUNCIL HEARING ON APPEAL 07 PLANNING COMMISSION APPROVALS OF CUP 82--31 ( HUNTINGTON WEST) AND ZONE CHANGE 83-1 . Dear Mr . Mayor: I1' I represent Master Properties Number 9 , Ltd. , the owner of the Huntington West and the applicant for Conditional Use Perm-4 82-31, Tentative Tract Number 11879 , and Zone Change 83-1. As you perhaps know, the Planning Commission has approved the Zone Change on a vote of 5-0 and the Conditional Use Permit/Tentative Tract Map on a vote n1 7-0 . I have been given informally to ::nderstand that the Planning •.Commission decision on CUP 82-31 was appealed to Cauricil :on March 21 , 1983 , and is presently scheduled for hearing by Council on April 4 , 1983. However, neither my client nor I have received any formal notice of the appeal, or a copy of. the appellant' s statement that sets forth in detail the action and grounds by and upon which; the apkiellant deems himself aggrieved. My client clearly cannot adequately analyze, prepare for, or respond to the appeal until he raceives a copy of it . For this reason, as well As the fact that both* of the senti�,r `iepresentatfve$ of 'the applicant have for some time s hen scheduled to- participate in state legislative committee hearings in Sacramento on the same day than �a r The Honorable Bob andic March 25, 1983 Page Two precludes our appearance in Huntington Beach, Master Properties Number 9, Ltd. respectfully requests that Council grant a two-week continuance of the hearing on these matters . Thank you in advance for your consideration of this request. Sincer y yours , ;:� i� Norbert H. Dall NHD:tc cc;: All Council Members Mr. Charles Thompson Ms . Alicia X. Wentworth Mr . James Pal i..i Charles Olsen, Esq. David Pierson, Esq. Manager, Huntington Weak s i NOTE: A copy of this letter will be made availabe for review by tenants at the Huntington West rental office. REQUES FOR CITY COUNCIL CTION Opal""orbyv/ cop Date� March 25 , 1983 a 3 Submitted to: Honorable Mayor and City Council Submined by: Charles W. Thompson, City Administrator fIDITIONAL Prepared by: James W. Palin, Director of Development ServicesArPEAL TO THE PLANNING COMMISSION ' S APPROVAL OF Subject: USE PERMIT NO. 82-31 AND TENTATIVE TRACT MAP NO. 11879 (Huntington West Condominium Conversion Project) Sttement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for the City Council ' s consideration is the appeal (see attached memo dated March 21, 1983) from Councilman Pattinson of the Planning Commission ' s approval of Conditional Use Permit No . 82-31 and Tentative Tract Map No . 11879 . RECOMMENDATION: On March 15, 1983 , the Planning Commission approved Conditional Use Permit No. 82--31 and Tentative Tract No . 11879 . The Department of Development Services is recommending denial of Condi- tional Use Permit No. 82-31 and Tentative Tract No . 11879 . ANALYSIS: Appellant: Councilman Ron Pattinson Applicant: Norbert Dall, Agent, Master Properties No . 9 , Ltd. 1225 Eighth Street, #485 Sacramento, California 95814 Location: Northwest corner of Warner Avenue and Edwards Street. Request: Conversion of the existing 286-unit Huntington West apartment complex to a 245-unit condominium project. Planning Commission Action on March 15, 1983 : ON MOTION BY LIVENGOOD .AND SECOND BY ERSKIKE , CONDITIONAL USE PERMIT NO. 92-31 AND TENTATIVE 'TRACT NO. 11879 WERE APPROVED WITH THE FOLLOW- 1w; FINDXNGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR THE SPECIAL PERMIT: 1 . The project contains features which provide good land planning techniques with maximum use of aesthetically pleasing types of ' I Page 2 architecture , landscaping, site layout, and design. The applicant is proposing major improvements to the existing apartment complex as part of the proposal for conversion to condominiums. The physical improvements originally proposed by the applicant (e.g. , increased separations between buildings, addition of 117 balconies, addition of recreational facilities and landscaping, construction of parking structures , resurfacing of building exteriors , and increased open space) in conjunction with additional improvements required in the suggested conditions of approval (e. g . , increased fire protection, noise attenutation, security improvements, new applicances, solar hot water heating, reduction of density, etc. ) are benefits which offset code deficiencies identified in the request for special permit. 2 . The project will not. be detrimental to the health, safety, welfare , and convenience of the neighborhood or the City in general, nor detrimental or injurious to the value of property or improvements in the neighborhood or the City in general . 3 . The project is consistent with objectives of planned residential development standards in achieving a development adapted to the ter- rain and compatible with the surrounding environment. FINDINGS FOR APPROVAL OF COVDITIONAL USE PERMIT NO. 82--31 AND TENTATIVE TRACT N0. 1 7 : 1. The proposed development complies with the General Plan and, with the adoption of the special permit, suggested conditions of approval , and approval of Zone: Change No. 83-1 by the City Council, the project will comply with Division 9 of the Huntington Beach Ordinance Code. � 2. The General Plan has set forth provisions for this type of land use as well as objectives for implementation of this type of housing . The project could potentially result in the displacement of renters; therefore, it is necessary and appropriate that conditions be re- quired to provide for tenant relocation assistance. 3. The property was studied for this intensity of use at the time the high density designation was placed on the subject property in the General Plan . 4 . The proposed development of this subdivision comprising 8. 17 acres of land is proposed to be constructed having 29. 98 units per gross acre. The proposed zoning to R4-30 is appropriate for the number of units being proposed. 5. The lot size, depth, frontage, street width and, through the use of a special permit, all other design and implementation features of the proposed subdivision are proposed to be constructed in compli- ance with standard plans and specifications on file with the City as . well as in compliance with the State Subdivision Map Act and supplemen- tary City subdivision ordinance. 6. Each of the tenants (heads of household) of the proposed condcmi.nium conversion project has received written notification of intention t Page 3 to convert at leant 60 days prior to the filing of the tentative map. 7 . Each tenant and each person applying for the rental of a unit will receive all applicable notices and rights required by the Subdivi- sion Map Act. S . Each tenant will receiv-: written notification that an application for a 1,ublic report has been sent to the Department of Real Estate and that such report will be available on request. 9 . Each tenant will be given written notification within 10 days of approves.& of a final map for the proposed condominium conversion. 10. Each of the tenants will be giver, 180 days written notice of intention to convert prior to termination of. tenancy. 11. Each of the tenants will be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right will run for a period not less than 90 days from the date of Issuan^e of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise that riqht. FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 82-21 AND TENTATIVE TRACT NO. 9: (See Attachment. ) AYES : Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, 4irjahangir NOES: None ABSENT: None ABSTAIN: None Department of Development Services Recommended FINDINGS FOR DENIAL: At-the February 15, 1983 Planning Commission meeting, staff recommended denial of Conditional Use Permit NO. 82-31 and Tentative Tract 11879 h!ased on the following findings: ..FINDINGS FOR DENIAL OF THE SPECIAL PERMIT: I' Granting of :the special permit would create a development which is 'riot consistent with t.,ie --bJectives of the planned residential .9evel- opment. standards. A -'setter, living environment could be provid..d through ,00mpliance with existing code sections pertaining to site coverage ;. (9362 .2) , setbacks (9362 .3) building separation and set .•:'back.: (9362.7) -, building bulk (93'62. .10) , open space (9362.11)., and minimum :floor art.,:, ' (9362 .14) . `'F1ND1 GG. FOR' DENIAL 'OF CONDITIONAL USE PERMIT Ed. 82-31: I�.*Wit the granting of a a�pecia'l permit, the project does not ;comply a with' the , previsions of Article. 936 of the Huntington Beach Ordinance " I Page 4 Code insofar o s the deficiencies in the plan would not be consis- tent with the objectives of the planned development standards. 2. The existing project comprises approximately 1 percent of the total of rental units in Huntington Beach . FINDINGS FOR DENIAL OF TENTATIVE TRACT NO. 11879 : 1. The design of the proposed subdivision is not consistent w.�.t.!i appli- cable spe,zific plans (zoning ordinance) . DISCUSSION: Conditional Ilse. Permit No. 82--31 and Tentative Tract No . 318719 were filed to permit the conversion cf the existing ::86-unit Huntington West apartment complex to a 245--unit condominium project on 8 .17 acres located at the northwevt corner of Warner Avenue ant' Edwards Street. The applications were considered by the Planning Commission at its Feb- ruary 15 and March 15, 1983, regular meetings. The proposed project has some major defic: -incies in relation to Article 936 of the ordinance code (Planned Residential standards . The applicant requested that the planning Commission a :ant n special permit pursuant to Section 9367 of the ordinance cede to permit these code deficiencies. The special permit request was for approval of the project allowing deviation from minimum development standards contained in Article 936 of the ordinance code as follows : Section 9362 .1 (Density) of the ordinance code permits a maximum den- sity of 25 units/50 bedrooms per cross acre in the R3 District and 35 anits/53 bedrooms per gross acre in the R4 District. The proposed 245-unit planned residential development has a deneity of 29. 98 units/52 bedrooms per gross acre. The proposed devel- opemnt would exceed the density provisions of Article 936 if zoning on I.e property remains R3. 7f Zone Change No. 83-1 is approved, rezoning the property to R4-30, theproposed project will be in compliance with + Section 9362. 1 of the ordinance cede. Section .0362. 2 (Maximum Site Coverage) of the ordinance code requires that the maximum site coverage for all build- ings proposed in this project not exceed 50 percent . Site coverage for the proposed project is 59. 6 percent. Section 0362 . 3 (Setback from a Public Street) of the ordinance. code re- quires a minimum setback of 15 feet with an . average of 20 feet for all structures fronting Warner Avenue and Edwards Street. Buildings along Warner Avenue and Edwards Street area set back 12 `eet from the front property line. section: 9362.7 `� (et ilding separation Setback) requires separations be- - tweeen individual buildings within the proposed pibj6ct 'The. a<mouat of se3pak�Ltidn between individual buildings Accord- 3ng: id this- niee*tion cif ' the code''depends upon. the buildi�ng'a ' 'orientation tti:660-41nother: The table on the following page describes areas where the p rea 0•ed 'project -in not in compliance with the minimum requirements for. ,' �iel.nq :ieparatic�n.. t 1 a f0huntington beach deveiopm t services department STA f f EPORI- TO; Planning Commission FROM: Development Services DATE: February 15 , 1983 TENTATIVE TRACT NO. 11879/CONDITIONAL USE PERMIT NO. 82-31 Continued from 2--1-83) } SUBDIVIDER: Norbert Dall , Agent DATE ACCEPTED: r Master Properties No. 9 , Ltd. i 1225 Eighth Street 9485 January 26 , 1933 Sacramento, CA 95814 MANDATORY PROCESSING DATE! ENGINEER: Dudley If. Clark & Assoc . 1661.0 Ventura Blvd. March 17 , 1983 Encino, CA 91436 'LONE: R3 (Medium-high REQUEST: 1'o conver- an existing 286 Density Residential) unit apartment complex to a District 245 unit planned residential development GENERAL .-LA;; : LOCATIGN: Subject property is located i at the northwest corner of High Density Warner Avenue and Edwards Street. EXISTING USE: t , • 8. 17 ACP Apartment complex i 1.0 SUGGESTED ACTION : Staff recommends that the Planning Commission d(�*► Conditional Use Permit 82-31 & Tentative Tract 11879, based on they findings and conditions contained in Section 8 . 0. 2.0 GENERA* 114FORMATION: Conditional Use Permit No. 82-31 and Tentative Tract No. 11879 have been filzd to permit the conversion of the existing 286 unit Huntington West apartment complex to a 245-unit planned residential development on 8. 17 aci:es located at the northwest corner of Warner Avenue and Edwards r t Street. The existing apartment complex was approved by the City' s Board of Zoning Adj,istments (Use Permit 69-53) on October IS. ' 1979 . Conatruction of the a!jartmnnt complex was completed in 1971. TT 11879/CUP 82-31 Feb. 15 , 1983 Page 2 The applicant has presented a detailed assessment of the existing apart- ment project and the proposed condominium conversio.i project through submission of plans and a written narrative and revised project description which has been sent to the Commissioners under separate cover. 3 .0 ENVIRONMENTAL STATUS: Pursuant to Section 15101 (k ) of the State CEQA Guidelines , the conversion of an existing apartment to condominiums is categorically exempt. There- fore , no further environmental documentation is required on this project. 4 . 0 SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATION: Subject Property: GENERAL PLAN DESIGNATION : High density ZONING : R3 (Medium High Density Residential) LAND USE : Apartment complex South of Subject Property : GENERAL PLAN DESIGNATION : High density ZONING : R3 (Medium iligh Density Residential) LAND USE: Apartments West of Subject Property : GENERAL PLAN DESIGNATION : Medium density ZONING: M11 (Mobile Home District) ' LAND USE: Mobile home park East of Subject Property : GENERAL PLAN DESIGNATION : High density ZONING: R3 (medium High Density Residential) LAND USE: Apartments North of Subject Property: GENERAL PLAN DESIGNATION: Low density ZONING: R1 (Low Density Residential District) hAND USE: Orange County Flood Control District channel 5 . 0 STATISTICAL ANALYSIS : 5 .1 Area of Project;: 8 .17 acres 5 .2 Number of Units : 245 5 A Type of Units : See applicant ' s descriptive narrative �. TT 11879/CUP 82-31 Feb. 15 , 1983 Page 3 5. 4 Density: 25 unit/50 bedrooms permitted per gross acre (R3 District) 35 units/53 bedrooms permitted per gross acre (R4 District) 29 . 98 units/52 bedrooms per gross acre pro- vided 5. 5 Site Coverage: Permitted : 50% Provided : 59 . 6% 5 . 6 Common Open Space : Required : 98400 square .feet (400 square feet per unit) Provided : 103 , 844 square feet (424 square feet per unit) 5 . 7 Parking : Required : 583 spaces Provided: 596 spaces 6 . 0 SUBDIVISION COMMITTEE: The Subdiv--';ion Committee reviewed this project on December 17 , 1982 . In attendance at the meeting were representatives of the Department of Public Works , Fire Department , Department of Development Services and Commissioner Higgins . Several areas of: concern were identified and dis- cussed by the Subdivision Committee. The specific issues identified by members of the Committee are contained in the attached minutes. Some 1 modifications were made to the site plan subsequent to the Subdivision Committee meeting, reducing the number of units propcsed from 249 to 245. 7. 0 ISSUES AND ANALYSIS: The applicant is proposing a major renovation of the existing Huntington West apartment complex as part of the proposal for conversion to condo- miniums . At a cost of more t}- ,An $2 . 5 million, the applicant proposes to demolish 41 of the existing r artment units, construct two new parking structures, provide major new landscaping, enhance the noise attenuation capability of walls between units and windows fronting onto adjacent streets , provide new balconies in nearly one-third of the units and provide new recreational facilities . The applicant is also proposing to make 75% Of the condominium units available for purchase by persons or families Of low and moderate income (see lecter from applicant dated 1-25-83) . The following excerpt from a draft special report n-n condominium conver- sions prepared by Development Services Department staff in 1980 cites several advantages and disadvantages to the local community resulting from condominium conversions : "Condominium convers'ions have become popular for many reasons . There is a potential for significant profits within a relatively shorter period of. time than that required for new construction. Condominium conversions offer the buyer an opportunity for home ownership which MAY not otherwise be possible. The community may also benefit from r.` .. TT 11879/CUP 82-31 Feb. 15 , 1983 Page 4 the general improvement in the quality of the housing supply through conversion rehabilitations. Conversions , however , reduce the over- all number of rental units available if new rental construction does not keep pace with the rate of rental conversions , and new rental construction has dropped off dramatically in recent years . In some cases, converted units may continue to be rented , however , the majority will become owner-occupied units and no longer service a rental market. The greatest loss then will occur with regards to existing and future apartment tenants . " The existing 286 unit Huntington West apartment complen presently com- prises approximately 1% of the total rental un,' ',:s in Huntington Beach. At the present time , the City does not have an adopted condominium con- version- ordinance , therefore , the conversion of an apartment complex to condominiums requires compliance with the planned residential development standards contained in Article 936 of the Ordinance Code . These stan- dards are substantially more restrictive than standards contained in the City ' s Apartment Ordinance . The proposed project has some major deficiencies in relation to Article 936 (Planned Residential development ) standards . The applicant has re- quested that the Planning Commission grant a special permit pursuant to Section 9367 of the Ordinance Code . The applicant is requesting the special permit to allow less than the minimum standards for density, site coverage , setbacks , building separations , building bulk, open space and minimum floor area . { Section 9362 . 1 (Density) of the Ordinance Code permits a maximum density of 25 units/50 bedrooms per gross acre in the R3 District and 35 units/ 53 bedrooms per gross acre in the R4 District. The proposed 245 unit planned residential. development has a density of. 29 . 98 units/52 bedrooms per gross acre. The proposed development would exceed the density pro- visions of Article 936 if zoning on the property remains R3 . If Zone Change No. 83-1 is approved, rezoning the property to R4-30 , the proposed pro-1--t will be in compliance with Section 9362. 1 of the Ordinance Code. Section 9362.2 (Maximum Site Coverage) of the Ordinance Code requires that the maximum site coverage for all buildings proposed in this pro- ject not exceed 50 % . Site coverage for the proposed project is 59 . 6% . Section 9362. 3 (Setback from a Public Street) of the Ordinance Code re- quires a minimum setback of 15 feet with an average of 20 feet for all structures fronting Warner Avenue and Edwards Street. Buildings along Warner Avenue and Edwards Street are set back 12 feet from the front property line. Section 9362. 7 (Building Separation Setback) requires separations between r TT 11879/CUP 82-31 Feb. 15, 1983 Page 5 individual buildings within the proposed project. The amount of separa- tion between individual buildings according to this section of the code depends upon the buildings ' orientation to one another. The following table describes areas where the proposed project is not in compliance with the minimum requirements for building separation. Separations Between Building Numbers: Required Provided 1 2 60 feet 48 feet 3 4 70 feet 48 feet 5 & 6 75 feet 28 feet 7 & 8 60 feet 48 feet 15 & 16 30 .feet 26 feet I Section 9362. 7 (i) requires a distance between vehicular accessways and that portion of the building used for human habitation of 15 feet. Buildings 1 through 14 are not in compliance with this standard. Section 9362. 10 (a) (Building Bulk) of the Ordina.ice Code requires that no more than 6 dwelling units be attached side-by--side. Buildings 1, 4 , 5 and 8 do not cgmply with this standard. Section 9362. 10 (c) requires that structures having dwelling units attached side-by-side shall have at least, one--third of the total number of units within such structures constructed one story less than the remaining structures. None of the buildings in the proposed project comply .with this standard. Section 9362 . 11 (Open Space) requires that all units constructed above the ground floor level (there are no ground floor units in this dev�op- ment) , be provided with balconies or sun decks . In the existing 286 unit apartment complex, 278 units have balconies . Of these, 54 balconies corn- ply with the minimum standards in the code . The applicant proposes to demolish 41 units and add balconies to a number of the remaining units . Of the remaining 245 units, 237 will have balconies under the proposed plan; 100 of the 237 units with balconies will exceed the minimum size criteria for balconies . Balconies in the remaining 137 units with bal- conies, will range in size from 32 square feet to 112 square feet. Section 9362 . 14 (Minimum Floor Area) requires that each dwelling unit - within a planned residential development be a minimum size proportional to the number of bedrooms within the unit. The section provides for ' minimum floor areas of 650 square feet for one-bedroom units , 900 square , feat' for -two bedroom units and 1 ,100 square feet for three-bedroom units. ` t 1 TT 11879/CUP 82-31 Feb. 15, 1983 Page 6 within the proposed planned residential development, six models of two- bedroom units (A-1 , A-2, ©-1 , B-•2, C and F) are deficient having 807 807 , 661, 645, 796 and 673 square feet of floor area respectively . The three-bedroom model (E) in the development is also slightly deficient having 1, 012 square feet of floor area . In Section 9360 of the Ordinance Code , it is stated -that , "In recognition of the fact that Medium/High Density Planned Residential Developments differ from apartments in numerous respects and that the benefit of the public health, safety and welfare of such projects warrant special treat- ment, the City of Iuntington Beach hereby declares its intent to distin- quish such projects from apartment complexes . " The existing Huntington West apartment complex is grossly deficient when evaluated against de- velopment standards in Article 936 of the Ordinance Code. The applicant ' s plan of renovation proposed under these applications would significantly reduce these deficiencies , however , it is the staff' s position that the proposed 245 unit planned residential development still would not suffi- ciently comply with the stated objective in Section 9360 of the Ordinance Code which is to distinquish planned residential developments from apart- ment complexes . The site layout and design of the proposed project, in the staff ' s view, more closely resembles existing apartment complexes within the City than projects which have been approved under the present planned development standards. The proposed project has design features which , to this date, have not been permitted in planned residential de- velopments. Namely, front yard setbacks for buildings on an arterial street which are less than the minimum standard, and a number of individual units which allow for direct pedestrian access from the adjacent arterial streets . The staff and Planning Commission have consistently attempted to insure maximum security and minimum intrusion from outside sources in planned residential developments . 8 . 0 RECOMMENDATION: Staff recommends that the Planning Conunission deny Conditional Use Permit No. 82-31 an:'. Tentative Tract No . 11879 based on the following findings: i FINDINGS FOR DENIAL OF THE SPECIAL PERMIT : j i 1. Granting of the special permit would create a development which is not consistent with the objectives of the planned residential development standards. A better living environment could be provided through compliance with existing code sections pertaining to site coverage (9362 . 2) , setbacks (9362 . 3) , building separation and setback (9362. 7) , building bulk ( 9362 . 101 open space (9362. 11) , and minimum floor area (9362 . 14) . FINDINGS FOR DENIAL OF CONDITIONAL USE PERMIT NO. 82-31 : 1. Without the granting of a special permit, the project doers not comply with the provisions of Article 936 of the Huntington Beach Ordinance , . Code insofar as the deficiencies in the plan would not be consistent ` with the objectives of the planned development standards. i TT 11879/CUP 82-31 Feb. 15, 1983 Page 7 2. The existing project comprises approximately 1% of the total number of rental units in Huntington Beach. FINDINGS FOR DENIAL OF TENTATIVF. TRACT NO, 11879 : 1. The design of the proposed subdivision is not consistent with appli- cable specific plans (zoning ordinance) . ALTERNATIVE COURSE OF ACTION : If the Planning Commission does not concur with the staff' s recommendation on Zone Change No. 83-1, staff recommends that action on Conditional Use Permit No. 82-31 and Tentative Tract No. 11879 be tabled until after the City Council has acted on Zone Change No . 83-1. ATTACHMENTS : 1. Area Map 2 . Letter from applicant: dated February 10 , 1983 3 . Letters from applicant dated January 25, 1983 4 . Acoustical analysis dated February 7 , 1983 JWP :JRB: j lm k a APPROVED* CORP.ECTED ON 3-15--83 1 i MINUTES HUNTINGTON BEA:I-I FLANNING C01*1ISSION Council Chambers - Civic Center 2000 ?-lain Street Huntington Beach, California TUESDAY_, FEBRUARY 15 , 1983 - 7 : 00 PM COMI.IISSIONERS PRESENT: Livengood, Winchell, Porter, Erskine, Tirjahangir COt1MISSIONERS ABSENT : Iiiggins, Schumacher ELECTION OP CHAIJIMAN : An election of chairman was held to determine a successor to the vacancy left by Tim Paone who resigned. A MOTION WAS t1ADE 13Y LIVENGOOD AND SECONDED BY IIIRJAIIANGIR NOMINATING MARC PORTER FOR 'rllT:, OFFICE OF CHAIRMAN . t•1::. PORTER WAS ELECTED CHAIR- 14AN BY THE FOLLOWING VOTE : AYES : Livengood , Winchell, Ei skine , Mirjahangir NOES : None ABSENT : IIiggns , Schumacher ABSTiNIN : Porter Chairman Porter entertained a potion for a nomination for Vice Chairman. Seeing there was no motion , he continued the election of Vice Chairman to the next meeting to be held on March 1 , 1983 . Mr. Palin introduced the r.ecent.l•l appointed cotnrnissioner , John Erskine, to the other commissioners . Mr . 1 Erskine was appointed by Councilman McAllister to fill the vacancy left by Tim Paone. CONSENT CALENDAR: ' Commissioner Livengood pulled Item A-2 off the consent calendar to be considered separately. ON MOTION BY LIVENGOOD AND SECOND BY 111rNCHELL, THE REMAINING CONSENT � CALENDAR, CONSISTING OF THE MINUTES OF THE REGULAR blRETING OF FEB- j RUARY le, 1983 , WAS APPROVED BY THE FOLLOWING VOTE: i AYES : Livengood, Win�.•. :!11, Porter , Mirjahangir NOES: None ABSENT: Iliggins, -Schumacher y ABSTAIN: -Erskine 11 .13 . Planning Comm on ' February 15 , 1983 Page 2 ON MOTION 13Y LIVE'lJGOOD AND SECOND BY "411WAHANGIR , 1:'1'EM A-2 , SPEclpiC PLAN FOR THE GARFIELD-GOLD}:NWE.S'i. AkrA TO CITY COUllJCIL POSTPONEMEFT OF STAFF WORK ON THE 11LAN , WAS APPROVED BY 'THE FOLLOWING VOTE: AYES : Livengood, Winch%J .1 , 1)L)17t.Qr , :•ii17 -11aiic;ir NOES : None ' ABSENT : Iiigy ins , Schumacher ABSTAIN : Erskine ORAL COt�'►-1UNICA'.!'IONS : i Cynthia Doe , representing Enedina Aranda , voiced abjection to the City ' s handling of the Talbert/beach Redevelopment Project. She stated that there was a lack of cc-unun.ication between the City and Mrs . Aranda who is being relocated for the benefit of the redevelopment p--oject . The Chairman referred tnem to the appropriate legislative bod} , which is the Redevelopment Agency. REGULAR AGENDA ITEMS : ?,ONE CHANGE NO. 8 3-1 Apel-icant : Norbert Dall , Agent For Master Properties No. 9 , Limited A request to rezone 9+ acres of property located at the northwest cor- ner of Warner Avenue and Edwards Street , from R3 to R4-30 , high Density Residential District , maximum 30 units per acre. Chairman j Porter asked that the next regular agenda item (Conditional Use Permit No. 82-31 and Tentative Tract No. 118;;; which was continued from the last meeting, also be considered at this time. CONDITIONAL USE PERMIT NO . 82-31/TENTATIVE TRACI' NO. 11879 Subdivider: Master Properties No. 9 , Ltd. Engineer: Dudley Il. Clark and Associates A request to convert an existing 286 unit apartment complex to a 245 unit planned residential development, also located at the northwest corner. of Warner Avenue and Edwards Street . ' Jim Barnes gave a brief overview of the two agenda items and called =x' attention to the fact that additional suggested findings for denial were distributed to the Commissioners. Conunissioners asked for clari- fication of the history of zoning on the subject sita, vehicular access, b open space relating to the parking structure and landscaping . The public hearing was opened . Norbert Vall , the applicant, spo'.e at . , length about the proposed project and gave a slide presentation of the "'existing and proposed complex . He emphasized the fact that 75% of .the vnits � will be affordable (between $80 , 000 to $100 , 000) . lie also addressed bedrooms per unit, site coverage, setbacks, building separation, ve- s�,sE;. hicul.atr access and open space requirements. Ile pointed out that the ; '4 '-Heiia Circle condo conversion project was recently approved by the Plan- . . , nilfig Commission; that the Breakers apartment project will replace his 1, , 111.13 . Planning coTnmi on February 15, 1983 Page 3 proposed conversion; and that the possibility exists that even after the comnlcx is converted , it may return to rental by individual owners. fie further stated that the zoning request is an integral part of the overall request, so that the project will comply with the present zoning laces relating to density. The Commissioners received a letter from the Fair Housing COLncil of Orancle County in response to the proposed con- version which stated that the current vacancy rate is less than 1 . 8% in Orange County. Cc,mmissi0ner F.ivengood asl:ed the applicant to respond to that letter. Mr. Dall stated that he found the' writer of the letter to be unaware of the details of the proposed conversion. Fie stated that nowhere in Article 936 of UIE. liun tington Beach Ordinance Code, does it address the affordable housing program - that the owner suggested the 75% affordable housing on the project. Fie also stated that as far as tenant assistance was concerned , one month ' s rent plus moving expenses UP to $500 "'ill be Paid, e;;cept for senior citizens ( there will be no ceiling on compensation to senior citizens ) . lie further stated that although the .Letter from Fair iiousinq Council made reference to a short- age of three bedroom units , hJ.s project has eight units with three hed-- rooms . Mr. Dall ac-trec_d to a condition to notify tenants who move in after the elate of a' pproval. to coriv`r. t, that they will not be entitled to relocation 1)enefi. ts. Gavin James of 1? & B Property Management, also spoke in favor of th=e PI-oposerl :.cane change, conditional use permit with a special permit ancl tentative tract . Esther Pri.edinan and John Murray, tenants in the present apartment colnpl ex, spoke in opposition to the (A`)lications . Mr . Murray feltthat there would not be sufficie It com- e pensation with regard to the present location having an excellent school district. fie also felt; that should be made to correct the absence of coticr. e'te under tl�e floor in some units . Ms . Friedman,, a tenant i for the mast nine years , felt thiitt, the price of the "affordable" units at $80, 000 to $100 , 000 ""ere out Of her price range and she would, there- fore, be forced to relocate. The public hearing was closed . Commissioner Livenqood asked staff for an explanation of. the Villa Warner apartments (-io.iny stock-cooperative . Mr . Pal in stated that that conversion to stock-cooperative was made without review by the City. Commissioner Livengood was concerned about the laundry facilities .in that complex , whether or not the tenants had laundry facilities in the units, ox if they had to go cati t of the unit to a central laundry room. fie further questioned the applicant regarding the tenants in the units that front Warner and Edwards . Mr . Dail stated that those condominium owners will have to exit their units and walk to the laundry facilities. fie further stated that where feasible, the units fronting Warner 'and Edwards could be redesigned to include indoor.. Laundry hook.--ups that could accormnodate "smaller" washers a::d dryers. Commissioner Winchel.l questioned the applicant regarding the affordable units as to what would a person have to mL?ke as an annual income . Mr. Dall stated that they would have to make about $33 , 000 a year to qualify, but that the owner would be willing to cr ry back "paper" if the 10% down payment was a problem. Commissioner Ivinchell stated that although she is normally against con- dominium conversions because it does not benefit the majority of the public, she would be in favor of this particular conversion because of the deficiencies which exist at the apartment complex at the present time!. , t Planning Comini on . hebruary 15, 1983 Page 4 Commissioner Livengood felt that the applicant has "bent over backwards" to comply with City standards and agreed with Commissioner Winchell that the complex is in need of upgrading, and that he, therefore, is in favor of the applications . fie further felt that staff should be directed to prepare conditions of approval . r,)me discussion took place oil warrantees on appliances in the units. Commissioner Winchell, gave a list of areas to incorporate into the conditions of approval. Commissioner Mirjahangir was concerned with life and fire safety. ] h ngir that he was surprised at the small turn out of Commissioner the stated Some discussion took place regarding the tract man. The Commissiongcon- sensus was that the conditions of approval were not firm enough and that a continuance was necessary on the conditional use permit and the tentative tract . Commissioner_ Livengood requested that staff noti- fy the t1,t0 Commissioners who were not present, to hold on to the plans they received from staff. ON MOTION r LIVEINGOOD AND SECOND BY 1'7INCIICLL 7N 3-11 WAS APPROVED AND I�ECONZIENDED FOR ADOPTION I3Y TIIO CITY ACOUNCIL,NGE No. 8WI TII THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1• R4-30 zoning on the si tca is necessary to legally accommodate the 245 unit planned residential. development proposed under Conditional Use Permit No. 82-31 and Tentative Tract No. 11879 . 2 . Rezoning of the property to R4-30 is in compliance with the city, i General P14r:. AYES :. Livengood, Winchell, Porter, Erskine , Mirjahangir NOES : None ABSENT: Higgins, Schumacher ABSTAIN: None ON MOTI014 BY LIVENGOOD AND SECOND BY MIRJAHANGIR, CONDITIONAL USE PER- MIT NO. 82-31 AND TENTATIVE TRACT NO. 11879 WERE CONTINUED TO THE M IRCIi 1 , 1983 MEETING, NIT11 CONCURRENCE OF THE APPLICANT, AND STUFF WAS DIRECTED TO PREPARE CONDITIONS OF APPROVAL FOR THE COMMISSION 'S REVIEW, By THE FOLLOWING VOTE; AYES: Livengood, winchell , NOES : Porter, Erskine, Mirjahangir None ABSENT: Higgins , Schumacher ABSTAIN: None Chairman Porter Called For a recess. The Commission resumed at 9 : 30 PM :(Draft) ENVIRONMENTAL IMPACT REPORT NO 82-2 (Downtown Specific Plan) Initiated by the Cit of. Huntin ton Beach A public hearing was held for the purpose of reviewing draft Erviron- r�►�rit�l Impact Report No. 82-2 on the proposed Downtown Specific Plan. l �3.I3r Planning Commion ` February 15, 1983 Page 5 ' The Specific Plan wil?. P constitute the zoning for that portion of the coastal zone between Goldenwest Street and Beach Boulevard. Th,e plan area is bounded on the inland side Atlanta. by t•7alnut, Itartford, Lake and The public hearing was opened . Vince Noble, of Chevron U. S.A. , stated that he felt the EIR did not address the oil related land uses in t he plan area. Lance Jacot made the following statements : The EIR does not reference the 1976 hearings; are there any mitigation measures for the projected t�•affic impacts; what impacts are associated with the 26, 000 trips on Lake Street shown on the circulation map; that the Specific Will increase population for 21000-91000 l fil Plant in a loss of the existing beach-town atmosphere; whattimpact will the County experience as a result of air pollution P will the tion of the Plan; that the Plan proposes bringingnadditionalzpolulatio - into an area of seismic hazard ; that the Edison Company may experiences di.tf.iCLLIty serving electrical demand t,)' the year- 1984 ; that it seems un- likely that the Ultrasystems ' analysis of services is that the Plan will. result in additional trafficcbeiig channeledcinto ' residential neighborhoods; that all unavoidable adverse impacts will be the result of L-tie high intensity proposed in ti,e Plan; and that on page 33 of the EIR , the document states that tite boundary extends as far inland as Indianapolis Avenue. Glc*-4a Ilemsley stated that she was "overwhelmed" by the projected increased volume of traffic that will be traversinq behind her house . She felt that_ riot or►ly the tract where she resides (Seacliff) will be affected , but also residents in the Beachwalk tract. She said that gaol denwes t Street at least has two 1�-,nes , however, Lake Street and Main Street both have only one lane traveling each way.. She stated it was "very sad" that She and others have to come before the Planning commission continually to say they "do not want this" . Leonard Wright submitted a written statement with, his comments addressing the EIR. He proceeded to read these comments, which among other things , ad-- dressed the fiscal impact model by Ultrasystems; the high intensity de- velopment not necessarily attracting rapid transit; a request for studies supporting a decrease in traffic as a result of inixed use districts; de- velopment as a result of the proposed zoning should be compared to exist- ing development; adverse impacts Jn terms of increased traffic in the Townlot area; Lake and 17th will experience inappropriate noise levels as a result of future development - mitigations presented on page 37 of the EIR are standard noise attenuation measures; smog and air ol�ut ' generated by the Plan; and that the area designated to of should be left ion as residential , that commercial is too great, the area between 3rd and Lake should be left residential , low density uses should be promoted in the beach as high intensity increases the congestion on major arterials and mr:;-e beach access difficult. Faye ogdon felt that page 47 on adverse problems "says it all " . She felt: that Lake and Main do not have walls to absorb some of the noise and Pollution ; and that there are several . ,schools on 14th Street where children ' s lives may be endangered by the'increased traffic. The public hearing was closed . ` Commission Livengood asked staff what the revenue was based on that Was used to figure the fiscal impact report. Staff stated that it was barred on the income the City will get on property taxes aria development Planning Commi46n February 15, 1983 page G fees charged at. the time of development, Commissions:- Liven and also asked if the "uniqueness of the project" was taken into consideration, e.g. cost of widen streets , etc, fie requested staff to come back with a "guestimate" and suggeaked that a market analysis and traffic circulatio (moving people from the coast to the Freeway) study be conducted. n Discussion took place regarding the Larking that would be lost on Pacific Coast Highway as a result of development. Staff dtated that CalTrans would be responsible for that task. Brief discussion followed regarding traffic impacts , ON MOTION By MIRJAIIANGiR AOD SECOND BY LIVENGOOD, STAFF WAS DIRECTED TO INCORPORATE THE COMMENTS MADE � THE MISSION IN,rO TIIE ENVIRnN;-i1::NT,-.L DOCUMENT, PUBLIC HEtyFOLLOW PL7IVOTE:NNTNG COM-- LOWIN(; VU'I'E AYES : Livengood, W.inchell, Porter, Erskine, Mirjahangir NOES : None ABSENT: Ifig _gins, Schumacher* ABSTAIN: None CODE AMENDMENT NO. 8 3- 1 Initiated by City of Iiuntington Beach A request to amend Article 945 C will. brie the � C3, _general Business District which g parking requirements (Section 9456) into conformance with Article 979, Off-Street Pa ?:king. The amendment will also estab- lish provisions for an in-lieu fee to be paicl to the City and/car a Parking Authority when off--street parking cannot be accommodated . Mr. Pali.n explhined that on Jianuary 24 , 1983 , the City Council ildopted Urgency Ordinance No . 2607 , which became effective immediately and is only 'in effect for. 45 days from the date of enactment . Ile stated that something needs to be "on the books" until certification of the Downtown Specific Plan and until the City has its permit authority returned from the Coastal Commission , Ile directed the Conunissioners to the maps that were distributed showing the existing and proposed parking areas. Conimissioners questioned the original need For an urgency ordinance to be passed by the City Council . Mr. Palin responded that historically the City allowed businesses in the downtown to lease parking spaces. He further explained that there: was no one single cause for the emer-- gettcy ordinance, but because of major renovations occurring in the down- town area without sufficient harking, there was an immediate need for the ordinance. The public hearing was opened . Seeing no one was present to address this issue, the public hearing was closed . Commission Mirjahangir stated that he had difficulty supporting this s ; code amendment - that he felt it was a temporary solution to ,a problem ' that needs a permanent solution. A' MOTION WAS MADE BY LIVENGOOD AND SECONDED BY WINCHELL TO APPROVE CODE AAENDMENT NO. 83-1 AS PRESENTED AND RECOMMEND IT TO THE CITY COUNCIL FOh ,ADOPTION. THIS MOTrOtt FAILED TO OBTAIN POUR OR MORE AFFIRMATM VC ES � AW FOLLOWS : V!s,I" r � N.B. planning Commie February 15, 1983 Page 7 ; AYES: Livengood, Winchell , Porter NOES : Mirjahangir ABSENT: Higgins , Schumacher ABSTAIN : Erskine ON MOTION BY WINCIIELL AND SECOND BY LIVENGOOD , CODE AMENDMEN'r NO . 83-1 WAS CONTINUED TO THE MEETING OF MARCH 1 , 19U , BY -THE FOLLOWUNG VOTE: AYES: Livengood, Winchell, Porter, Ers}tine, Mirjahangir NOES : None ABSENT: Biggins , Schumacher ABSTAIN: None Chairman Porter requested the secretary to advise the absent Commis- sioners of the continued stern and listen to the tape so that they can vote on the item on March 1 , 1983 . CONDITIONAL USE PI RMiT NO. 83-2 j AUlicant: Church of Religious Science A request to permit the establishment of a church facility within an existing building in a shopping ceniter located at the northwest corner of Yorktown Avenue and Main Street. The public hearing was opened . Speaking on behalf of the church was Norman Gilbert who was in favor of the application . Commissioners asked the applicant if he was acrrceable to the proposed conditions of approval . Mr. Gilbert stated the conditions were acceptable to him. The public hearing was closed . Commissioner 14i.r. jabangir asked if fire protection requirements were addressed in the conditions . Mr. Cooper stated than the fire protec- tion regulations would be routinely enforced at the time building per- 1 mits are issued and need not be addressed in the conditions of approval.. ON MOTION BY L"RSK.INE AND SECOND BY LIVENG00D, CONDITIONAL USE PERMIT NO. 83-2 WAS APPROVED WITH THE FOLLOWING FIND114GS FIND CONDITIONS , BY THE FOLLOWING VOTE : FINDINGS FOR APPROVAL,: 1. The proposed church facility conforms with the City ' s Genera. Plan designation which is general commercial . 2. The proposed church facility is compatible with surrounding land uses which include a shopping center, offices, a high school and vacant land. 3. The proposed church facility substantially complies with all pro- visions contained within the Huntington Bench Ordinance Code in- , ' Eluding F-arking, landscaping , setbacks and will not be detrimental to the health, safety or general welfare of the neighborhood or the community. H.B. Planning Commis ion February 15, 1983 Page 9 CONDITIONS OF APPROVAL: 1. The site plan and floor plans received and dated January 14 , 1983, shall be the approved layout.. 2 . All proposed future school programs such as extended pre-school, elementary or junior high, shall be subject tc the approval of a conditional use permit before the Planning Coirunission. 3 . Sinnage or other :Weans of identification for the proposed church facility shall be reviewed and approved by the Planning Commission if the signage does not comply with the Huntington Beach Ordinance Code. I I�rThuPla � �i nc� Commission rese.rves the right to rescind this conch tional use permit approval in the event of any violation of the applicable zoning laws or conditions of approval . Such decision shall be preceded b;✓ notice to the applicant and a public hearing and shall be based on specific findings . AYES: Live.-good , Winchell , Porter, Erskine, Mir.jahangir NOES: Nonc ABSENT: Higgins , Schumacher ABSTAIN: None ITEMS NOT FOR PUBLIC HEARING , TENTATIVE TRACI' NO . 11933 Subdivider 5 Owner : City � of Huntington Leach 1 I A request to subdivide ten existing 27 foot~ lots into nine 30 foot lots I on approximately 1 . 04 acre parcel located at the northwest corner of Alabama Street and Mmephis Avenue. Although the tentative tract did not require a public hearing , the public was invited at this time to give testimony concerning the tract map. Seeing no oae was present to address this item, the Chairman closed the time for public testimony. ON MOTION BY WINCHELL AND SECOND BY ERSKINE, TENTATIVE TRACT NO. .,11933 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOL- LOWING VOTE: FINDINGS FOR APPROVAL : le, The proposed subdivision of this: 1 . 04 dross acre site zoned oldw town Specific Plan District 2 , ie in compliance with the City's General Plan. . 26 The City's General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of housing. y 30 Alhe, lot size, width, frontage, alley width and all other design and isprovement features .)f the proposed subdivision, are proposed to �rca 4. ' - i N.8« Planning Commi on j' February 15 , 1983 Page 9 r be constructed in compliance with standard plans and specifications ,I on file with the City as well as in compliance with the State Map Act and supplementary City subdivision ordinance. CONDITIONS OF APPROVAL: 1. The tentative map received and dated February 11, 1983 , shall be the approved layout. . J 2. The drainage for the subdivision shall be approved by the Depart- ment of Public Works prior to the recordation of a Final map. This s stem shall be designed to� y g provide for siltation and erosion con i trol both during and after construction of the project. 3 . All, vehicular access rights along Alabama Street and Memphis Avenue , except at the approved intersection of the private alley with Memphis Avenue, sh411 be dedicated to the City of Huntington Beach . a . A chemical analysis as well as tests for physical properties of the soil on the subject property shall be submitted to the City for review prior to the issuance of building permits for any dwelling constructed un the subject site. 5. The 20 foot alley identified on the tentative map shall be priv;. te and maintained by the adjacent property owners . This alley shall be r,onstructed to City standards and a private maintenance agree-- menu shall be prepared by the developer and approved by the City which will require that the maintenance of this private alley be the responsibility of each of the nine property owners located with- in this suldivisi_on. Said alleys shall be constructed with a rolled asphalt curb along the west side . A twenty (20) foot reciprocal drive easement shall be established and recorded at the rear of each parcel to provide for both vehicular and pedestrian ingress and egress on the lots for use by other lots within the tract. These private alleys shall be posted as fire lanes and parking thereon prohibited . 6.. All required fire hydrants, water systems, sanitary sewer, storm drain systems, shall be designed and installed in compliance with all City standard specifications and shall be part of the City' s ` systems. AYES: Livengood , Winchell , Porter, Erskine, Mirjahangir r NOES: None : . ABSPENT: Higgins, Schumacher r�r, ABS TAT N: None ' i :r • DUSUSSTON ITEMS : dd..�r.rrr�� - . . ,C1 Council Action Taken At -the February 7, 1983 Meeting "dietary Palin gave a brief rundown on action taken at the February la, 19#3 City, Council meeting . fie. infDrmed the rommissionerz that the City CO. nci1. only overruled one recommendation by the -planning Commis". $i which was on the Itunt+ington Harbour plan. 10 I . N .B. Planning COmmi n February 15, 1983 Page 10 L' i DEVELOPMENT SERVICES ITEMS : Secretary Palin asked Commissioners Wincell , I�ivengood and Mirjahangir h i.E the arrangements made for them for the League of Cities Conference Were satisfactory. None of the Commissioners voiced any objections. r PLANNING COMMISSION ITEMS : Chairman Porter requested staff to prepare a resolution commending Tim Paone for his service to the Planning Commission as a member and as a chairman. Commissioner Livengood had some concern about the steps that were taken by the City in communicating with the property owner in the Talbert/ Beach Redevelopment Project area . lie felt that, compared to communica- tion with property owners in the downtown , that the same communication did not seem to exist . `file steps taken by the City were briefly out- lined by Art rolger who explained that, to date, no condemnation action has been initiated by the City . Ile further assured the Commissioners that the law status the City has to pay relocation of the displaced property owners and compensation for their property at fair market value. Also, Mr. Folver commented that there was a difference between the downtown redevelopment project and the 'Talbert/Beach Project in that there are only two property owners involved with Talbert/Beach . ADJOURNMENT: Seeing there was no further business before the Planninq Commission , the meeting was adjourned at 11 : 15 P .M. to the next regular meeting to be held on March 1, 1983 . r James W. Palin, Secretary Marc Porter, Chairman • j lm .I f •,� MTV I a4 + - ��Ash♦ r i f •RGi��„ ° � N 11 TFr Kris l DAL L A 0CIATES 1226 EIGHTH STREET / SUITE 485 / SACRAMEW'O• CALIFORNIA 95814 / 916/ 443-2333 5 a February 221 1983 1 i °-Mr. Savoy Bellavia Seenior Planner r Beach City of Huntington department of Development Services 1000 Main Street , Third Floor Huintington Beach , California 92648 RE: DRAFT CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 82-31 Dear Savoy : As per our telephone conversation on February 16 , 1983, below please find my proposed conditions for approval for Canditi.cnal Use Permit No . 82-31 ( Huntington West condominium conversion-enhancement project ) . SUGGESTED CONDITIONS OF APPROVAL (Conditional Use Permit 1So . 87- ) 1. SITE PLAN. The revised site plan received and dated + January 1933 , shall be the approved layout and shall pro - 'vide for: a. 449 sq . ft. of common open space/unit ; b. construction of 117 new balconies; £.� c. construction of two new parking, structures, Pl and P2 , and at -grade parking bays; d, i=prc.?e:-ent of P1 with a landscaped deck For passive recreational use; iiMt' e , improvement of . P2 with active recreation areas , -j including a sod-covered playing area for children ; Y.�. .' construction of a new s�•i.:�ming pool , wading pool , r :And 'apa t and , 4( r M '�•r 1 J , Mr . Savoy Bellavia February 22 , 1983 Pigs Two g . landscaping of areas affected by demolition, altera- tion, and/or reconstruction . 2 . FIRE LANES . All approved drives, except those in parking structure P1 and the northerly drive in parking s*.ruc- ;':' tune P2 , shall be considered required fire lanes and shall be .` ,. signed as to the approval of the Huntington Beach Fire Depart- anent. 3 . FIRE SAFETY . All provisions of the Huntington Beach Fire Code , shall be installed subject to the approval of the Fire Marshall, to include: a , smoke detectors/fire alarms in each unit ; b . sheet metal lining of laundry, water heater, and gar- bage rooms ; C . 1--hour firewalls between units ; d . wet standpipes in Building 15 ; e * a fireproof stairway serving the center of Building 15; and, f . a sprinkler system in parking structure P1 and the j existing parking beneath Building 15 . J 4 . LANDSCAPI►`JG . Landscaping for the piroject sha.il conform with all applicable provisions of the Huntington Beach Ordinance . Code . In addition , parking structure PI shall be designed to protect , to the maximum extent feasible , the existing mature vegetation on the southerly side of Building 15 . S . NOISE INSULATION . All converted units shall meet the +, noise insulation standards contained in Title 25 of the California Administrative code, r 6. LOW-MODERATE INCOtME HOUSING . 75% of the 245 condominiums, dr. 184 units , shall be made available for purchase by persons or families of low or moderate income, as follows : w�ty a. For purposes of this condition, the term "person or families of low income" shall be defined as one which earns 601 or less of the median income as established a by the U. S. department of Housing and Community Develop- ment for the Standard Metropolitan Statistical Area a 1K + �"a Savoy Be 1 lavia F'ebruary, 22 , 1983 Page Three within which the proposed development is located , as adjusted for the number of members of the household . The term "persons or families of moderate income" is defined as one which earns 80 .18-120% of the median income, as established herein . b. The determination that a tenant, as defined, corn-- stitutes a person or family of low or moderate income shall be made by the City of Huntington Beach or its designee. in no event shall the ormer of the Huntington West be required to make said determination , except that the owner may maintain and annually transmit to the City of Huntington Beach or its designee a listing of tenants who have expressed an interest in purchasing their unit or a comparable unit ? c. The 184 condominiums affected by this condition shall be priced in equal proportion throughout the spectrum of the low-moderate income range , fro* any +:0 1201 of median income , as defined. 20% of the 187 condominiums, or 37 units , shall bo offered for purchase at 801 of median income ; 20% , or 37 , shall bc: offered at 901 of median income ; 20%, or 36 (because of rounding ) , shall be offered at 100% of median income ; 201 , or 37 , ;hall be offered at 110% of median income ; and 20 % , or 37 , j shall. be offered at 120% of media-i income . i d. The 184 condominiums identified herein shall first be offered for sale to tenants who reside at Huntington West, are not in default on their rent or lease pay-- meets, and have not given notice of an intention to move from the premises on the date on which the City of Huntington Beach grants discretionary approval to Conditional Use Permit No. 82-31 and Tentative Tract No. 11879 . ' e . The owner shall prepare and maintain a list of teriants who qualify pursuant to subsection ( d) . The list shall , be filed with the Director of the Department of Develop-- ~ 1 merit Services within 30 days of the date of discretionary approval of Conditional Use Permit No. 82--31 and Tenta- tive Tract No. 11879 . The list may identify tenants who have expressed an interest to purchase their unit or comparable unit .. • r '1 J 7 i I ' Ill. Mr. Savoy eellavia February 22 , 1983 Page Four f . No later than 10 working days after the Department of Real Estate grants final approval of the condominium conversion , the owner shall., consistent with Government Code Section 66427 . 1 ( d ) , _ provide notice to all tenants of their respective right to purchase their or a com- parable unit. Tenants who qualify pursuant to sub- Section ( a) shall in addition be notified of their op- portunity to purchase their unit , or a comparable unit as available, at prices as provided in subsection (c) . The term of the offer to purchase , as provided herein, shall be for 90 days after notice is given, as provided by Government Code Section 66427 . 2 . g . Tenants who express an interest in purchasing their or a comparable unit prior to the date on which the City grants r ;s%:retionary approval to Conditional Use Permit No. and Tentative Tract No . 11879 shall be provided the first opportunity to purchase said unit at the price determined by subsection ( c) . If all of the available units in one of the price categories identified in subsection (c) are committed for sale to tenants, then any tenants who subsequently express an interest in purchasing their or a comparable unit shall be pro- vided the first opportunity to purchase a unit in the next higher- applicable price category. h . Following the close of the period specified in sub- section ( f) , any of the units within the price categories established by subsection ( c ) , which have not been sold to qualified tenants , will be offered for purchase at the same respective price to the City of Huntington Beach or its designee for a period of 90 days . If the City or it's designee does not purchase said units during said period, then the units shall be available to the owner for sale without restriction as to price . 7 . NOTICE . F0110wing the date on which the City grants discretionary approval to Conditional Use Permit No . 32-•3.1 and Tentative Tract No. 11879 , the owner of the Huntington West shall provide notice to each prospective tenant that a condominium con- version has been approved for the Huntington West and that no relocation assistance or moving expense reimbursements will be paid to tenants who begin their tenancy on or after said date . The signature of each tenant, which term is detained for this section as "head of household" , shall be obtained from the prospec- tive tenant to indicate his or her understanding of the provisions Of this subsection. A copy of the signed not:i.ce shalt be trans- mu ted to the Director of the Department of Development Services Within 30 days after its completion . Mr. Savoy Bellavia 'February 22 , . 1983 Page Five 8 . TENANT RELOCATION AND MOVING EXPENSE PROGRAM . Following th•e final approval of the condominium conversion by the Department of Real Estate , the owner will implement a tenant relocation and moving expense program for tenants who chose not to purchase their units, as provided in this section : a. The owner will make available to each qualified tenant , as defined , at no cost to the tenant , a reasonably cur-- rent and complete list of comparable vacant and avail- able rental units within a five mile radius of the Huntington West , b. The owner will pay, not less than thirty days before the qualified tenant is ordered to vacate the premises , a - relocation assistance equivalent to one mont ' s current rent as of the date of final approval of the conversion by the California Department of Real Estate . Such re- location assistance payment shall be to assist the tenant in relocating his or her place of residence . c. The owner will reimburse the tenant for actual moving ei-.Nenses, up to a maximum of $ 500 , except that no such maximum amount will apply For actual moving expenses within California incurred by elderly, disabled , or handicapped tenants , as defined. d. "Qualified tenant" , as used herein , means those house- holds , or,. other parties who rent or lease a unit both on the date the application to convert the Huntington West was approved by the City of Huntington Beach , and on the date on which the owner gave notice to vacate the premises for purpose of converting the affected units to condominiums . ( i ) "Elderly , handicapped, or disabled tenant " , as 1 used herein , shall refer to any tenant meeting the definition of Section 50067 or Section 50072 of the State Health and Safety code . ( ii ) Any person , household , or other party who rents or leases a unit after the application to convert `t the Huntington West was approved b;y the City of Huntington Beach will be given notice thereof and will not be entitled -to relocation assistance ' or moving expenses . r Mr . Savoy eellavia February 22, 1983 Page Six ( iii ) Any tenant qualified for the benefits set forth herein shall not be entitled to said benefits if said tenant purchases a converted condominium unit . ( iv) Any tenant who has given notice of his or her intention to vacate the premises prior to the date of the mailing of the Notice to Quit, as - provided by Government Code Section 66427 . 1, shall not be entitled to the benefits set forth herein . ( v) The benefits set forth herein shall inure to all qualified tenants who are not in default of their obligations to pay rent on or after the date of final approval of the conversion by the California Department of Real Estate . If the tenant is in default of his or her obligation to pay rent at the time specified, the relocation assistance payment will be reduced by an amount equal to one-thirtieth of , the monthly rent for each day , the tenant remains in possession of the premises after the default . For purposes of this program, a tenant will not be Considered in default of rent payment during a period for which a tenant has prepaid the required rent . l e. In the event a unit is occupied by a subtenant under an an agreement with the tenant , the moving expense reimburse- ment or relocation assistance provided herein will be paid proportionarely to both parties, not to exceed the maximum amounts specified in farts 1 and 2 . With respect to the payment of moving expenses, such payment ( s ) will be made in 'relations to the actual costs of moving the property of each party. Sincerely yours , Norbert H . Dall NKD/os cc : Mr . Jim Palin Mr . Jim Barnes Mr . Mike Adams ATTACHMENT »Cn 8 . TENANT RELOCATION AND MOVING EXPENSE PROGRAM. Following the, final . approval of the condominium conversion by the Department of Real Estate, , the owner will implement a tenant relocation and moving expense program for tenants who chose not to purchase their 'units, . as provided in this section : a . The owner will make available to each qualified tenant , as defined, at no cost to the tenant , a reasonably cur- rent and complete list of comparable vacant and avail- able rental units within a five mile radius of the Huntington west ; b . The owner will pay, not less than thirty days before the qualified tenant is ordered to vacate the premises , a relocation assistance equivalent to one mont ' s current rent as of the date of final approval of the conversion by the California Department of Real Estate . Such re- location assistance payment shall be to assist the tenant in relocating his or her place of residence . c . The owner will reimburse the tenant for actual moving expenses , up to a maximum of $500, except that no such maximum amount will apply for actual moving expenses within California incurred by elderly , disabled, or handicapped tenants , as defined. d. "Qualified tenant" , as used herein, means those house- holds , or other parties who rent or lease a unit both on the date the application to convert the Huntington West was approved by the City of Huntington Beach , and on the date on which the owner gave notice to vacate the premises for purpose of converting the affected -units to condominiums . ti ) " Elderly, handicapped, or disabled tenant" , as used herein, shall refer to any tenant meeting the definition of Section 50067 or Section 50072 of the State Health and Safety code . ( ii ) Any person, household , or other party who rents or leases a unit after the application to convert the Huntington test was approved by the City of Huntington Beach will be given notice thereof and will not be entitled to relocation assistance or moving expenses . ( iii) Any tenant qualified for the benefits set forth herein shall not be entitled to said benefits if said tenant purchases a cc verted condominium unit . ( iv) Any tenant who has given notice of his or her intention to vacate the premises prior to the- date of the mailing of the Notice to Quit , as provided by Government Code Section 66427. 1, shall not be entitled to the benefits set forth herein . (v) The benefits, set forth herein shall inure to all qualified tenants who are not in default of their obligations to pay rent on or after the date of final approval of the conversion by the California Department of Real Estate . If the tenant is in default of his or her obligation to pay rent at the time specified, the relocation assistance payment will be reduced by ran amount equal to j one-thirtieth of the monthly rent ..for each day the tenant remains in possession of the premises . after the default . For purposes of this program, a tenant will not be considered in default of rent payment during a period for which a tenant has prepaid the required rent . e . In the event a unit is occupied by a subtenant under an an agreement with the tenant , the moving expense reimburse- ment or relocation assistance provided herein will be paid proportionarely to both parties, not. to exceed the maximum amounts 3pecified in Parts 1 and 2 . With respect to the payment of mc:vinq expenses ,. such payment ( s ) will be made in relations to the actual costs of moving the property -of each party. Ai uiltin ton beach developma servfces ddpartment STAf f F: TO; Planning Commission 'FROMI Development Services DATE: March 1, 1.983 . •SUBJECT: CONDITIONAL USE PERMIT NO . 82-31/TENTATIVE TRACT N0. 11879 (Continued from the February 15, 1983 meeting) 'At '. the ' February 15, 1983 Planning Commission meeting, the Commission directed staff . to prepare findings and conditions of approval for Con- 4itionai Use Permit No. 82-31 and Tentative Tract No . 11819, the appli- cant <is requesting to convert the existing 284 unit Huntington West Apartment 'complex to a 245 unit condominium project . The applicant, in the :attached letter dated February 22, 1983 , has prepared suggested condi.tiois of approval for the project. Conditions . #1 through #5 in the;.applicant ' s letter have been incorporated, in substance, into the staffs suggested conditions of approval stated below. Staff is recom- msnding .that conditions regarding, tenant relocation benefits be essen- ' S tially the same as required for the Hess Circle condominium conversion :'project which was approved by the Planning Commission on February 1, 1983-.. These conditions basically were structured by the Planning Com- mi8efon. The applicant has proposed conditions regarding tenant re- location. which are substantially diffe:-ent from the conditions applied to ;the• Hess Circle project. The staff has suggested additional conditions of approval which are in response to spe- .. dific concerns stated by individual Commissioners at the February 15 , :1983' plarining Commission meeting. Some of these conditions were ver- 'bsZly suggested by the applicant. The applicant ' s suggested :co ditibh. of approval regarding -the •provision of low and moderate in-- oome units has.'been modified by Development Services staff ,after re- cei.virig ;input from the City 's Housing and Community Development Coordi- nator. It , is, ,thp staff. ' s position that the modifications to thp: appli- c0Rnt's condition are. in the best interests of the City of Huntington 'Sach 'atd potential future residents of the condominium conversion pro- FINDINGS FOR SPECIAL PERMIT CONDITIONAL USE PERMIT NO. 82-31 ; 17. 1 he :project• cor,tains features which provide good land planning tech- piques with inaxi.mum use of aesthetically pleasing types of archi- t6c6ure, landscaping, site layout and design. The applicant is pro_ posing• major improvements to .the existing apartment complex as pant 'of the ,pxoposal for conversion to condominiums . The physical' im-w pxovemants originally proposed by the , applicant (e. g. increased ACM A•i"M•I3A CUP 82-31/TT 11879 March 1, 1983 Page 2 separations between buildings , addition of 117 balconies , addition of recreational facilities and landscaping , construction of parking structures resurfacingof buildingexteriors and increased open P space) in -conjunction with additional improvements required in ,the suggested conditions of approval (e. g . increased fire protection, noise attenuation, security improvements, new appliances , solar hot water heating, etc . ) are benefits whiQh offset code deficiencies iden- tified in the request for special permit. L 2 . The project will not be detrimental to the health, safety , welfare and, convenience of the neighborhood or the City in general, nor detri- mental or injurious to the value of property or improvements in the neighborhood or the City in general , 3 . - The project is consistent with objectives of planned residential development standards in achieving a development adapted to the terrain and compatible with the surrounding environment. FINDINGS - CONDITIONAL USE PERMIT NO. 82-31/TENTAT.IVE TRACT NO. 11879 : -1. The proposed development complies with the General plan and with the. adoption of the special permit, suggested conditions of approval , and approval of zone Change No. 83-1 by the City Council , the project will cow.i.ly with Division 9 of the Huntington Beach Ordinance Code. 2. The. General Plan has set forth provisions for this type of land use as well as objectives for implementation of this type of housing. The project could potentially result in the displacement of renters, therefore, it is necessary and appropriate that conditions be re- quired to provide for tenant relocation assistance. . 3. The property was studied for this int.nsity of use at the time the high density designation was placed on the subject property in the General Plan. . .4 .• The proposed development on this subdivision comprising 8 . 17 acres , of land is proposed to be constructed having 2 9. 98 units'per.gross acre. The proposed zoning to R4-30 is appropriate for the number of units being proposed. 5. The lot size, depth, frontage, street width and, through the use of a.'special permit, all other design and implementation features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifications on file with the City as well as .in compliance with the State Subdivision Map Act and supplementary City subdivision ordinance . CONDITIONS OF APPROVAL -- CONDITIONAL USE PERMIT NO . 82-31 : 1 . Approval of Condi +• ; -nal Use Permit No. 82--31 shall b, contingent upon approval t Z nc •e o 83-1 b the Huntington Beach City Council. PP o Go , N y 9 Y If the City Council does not approve Zone Change No. 93-1, the Plan- ning Commission ' s conditional approval of Conditional Use Permit No. 82-31 shall become null and void. 'March .1,; 1983 Paga # r �. The` site plan, ,'floor plans and elevations received and dated 18 3- .shall be the .,9 approved layout. The approved development shall - incliide-`the following specific elements agreed to by the applicant: ,,as: 449, square feet of common open space per unit, b. Construction of •117 new balconies , c. Construction of two new parking structures , d. . Improvement of the parking structure delineated as P-1 with a landscaped deck for passive recreational use, e. Inpruvement of the parking structure delineated as P�-2 with active recreational areas including a sod-covered playing area for child- . ren, f. Construction of a new swimming pool, wading pool and spa and, g. . Landscaping of' areas affected by demolition, alteration and/or reconstruction. 3. The. applicant shall be responsible for developing covenants, condi :tioils and restrictions for the project pursuant to State regulations. The covenants , .conditions and restrictions shall contain a provisionthat gill prohibit storage of boats, trailers and recreational ve- hicleis onsite unless an area which is specifically designated for such storage and which is in compliance with provisions of Article 936 of the ordinance Code is provided for in the project. '4.' 1-`A11 -,approved drives , except those in Parking- Structure P-1 and the 'hortherly drive in parking Structure P-21 shall. be considered re- gldired fire lanes and shall be signed as such subject to the approval of "the Huntington Beach Fire Department prior to the issuance 'of building" permits. S. tuildinQs withiti 'the . proiect shall be provided with systems related* fire protection and life safety as deemed necessary by the .Hunting-- trh:Beach Fire Department and all applicable codes. Thefollow•ing .'specific fire prevention measures shall be incorporated nto the -, j, idevelopm6n�t: {, ,. ao Smoke ' detectors/fire alarms in each unit and a fire alarm system r An :all buildings, T 1 f :b. - ,Sheet. metal lining of laundry, water heater and trash rooms. c. One-hour fire walls between units , j f -d. Dry. stand pipes . in tuildirg 15, e. A fire-proof stairway serving the center of Building 15, and A sprit►kler system in Parking Structure P-1 and the existing p4►rkinq area beneath Building . 15. rti i COP - 82-31/TT 11879 March 1, 1983 Page .4 6. A detailed landscape plan .which complies with Article 936 of the ordinance code shall be submitted to the City and approved by the Department of Development Services and the Department of Public Works prior to the issuance of building permits . The main drive entrance oft Edwards Avenue shall be modified to include landscaping in areas acceptable to the Departments of Development Services And Public Works. Such modifications shall be shown on the approved detailed landscape and sprinkler plan. In addition , Parking Structure P-1 shall be designed to protect to the maximum extent feasibie the existing mature vegetation on the southerly side of Building 15 . 7. The applicant shall be responsible for resurfacing the existing "text- coat" siding on the 16 perimeter buildings with new material subject to the approval of the Department of Development Services. 8. All converted units shall meet the noise insulation standards con- tained in Title 25 of the California Administrative Code. Evidence of compliance shall consist of the submittal of an acoustical analy- sis report prepared under the supervision of a person experienced in the field of acoustical engineering with the application for building permits. The acoustical analysis report shall demonstrate compliance with the minimum acceptable standards for the airborne sound- isolation of wall and floor ceiling assemblies and the interior community noise equivalent level for each unit. All measures neces- sary to mitigate noise to acceptable levels shall be incorporated into the design of the project . 9. The developer shall submit a security improvement plan which will be subject to the approval of the Department of Development Services prior to. the issuance 'of building permits. The plan shall provide for strengthened doors and door frames , burglar alarms , security looks and wrought iron gates for units fronting Warner Avenue and Edwards Street. 1 The developer shall submit a. plan for exterior lighting throughout the project which will be subject to the approval of the Department of. Development Services prior to the issuance of building permits. 11. Pluli6ii y and electrical stub--outs necessary for the installation of washers and dryers shall be installed in all units adjacent to Warner . Avenue and Edwards Street. t 12� Outside storage space shall be provided for each unit pursuant to Section 9363 . 6 of the Huntington Beach Ordinance Code . 13. `The `de'veloper shall offer to the buyers of condominium units within the development a one-year warrantee guaranteeing the repair of all appliances within individual condominium units. The owner shall re- plape 'al3. ,appliances three years in age or older within individual `condominium units upon sale. Thel.� existing hot water heating system within the development shall be, kctrofitted to include solar assist, in a .mannev acceptable to the OF%rttrnt of Development Services . CUP 82- 31/TT 11879 karch 1, 1983 Pa4a 5 15. 1 prior to the sale of the first dwelling unit within 'the project, the applicant shall provide to the Department of Development Services and to each purchaser a copy of the State of California Department of Real Estate Form 639, indicating the projects condition. If for any reason such form: is not required by the Department of Real Estate, such farm shall,, nevertheless, be provided to the Department of Development Services and to each purchaser. 16. Tenants who occupy units within the existing apartment: complex on the 'date of approval of these applications and for six months thereafter, o for those tenants who occupy the units at the time the 90-day mandatory notifications (Exclusive Might of Purchase) are given , which ever comes first, and who will be relocating, shall be offered the following assistance from the applicant: a . The tenant shall be paid' a sum by the applicant equal to his/her last month' s rent. b. The tenant shall be reimbursed by the applicant for moving expenses , a sum not to exceed $500 . c. The tenant shall be provided with a current update list iden- tifying all of the rental units in the general area . 17. Tenants who occupy units within the existing apartment complex shall be provided notification that the owner has received approval from the City to convert the existing complex to condominiums . The property owner shall also provide to the tenant, a list of the condi- tions of approval . Interim . tenants will not qualify for the tenant . ., assistance program. The applicant shall provide a signed copy by the tenant, of these items and shall make this signed copy available to the City of - Huntington Beach. 18 . Seventy-five (75) percent of the 245 condominiums, or 184 units , -shall be made available for purchase by persons or families of low or moderate income, as follows: a . For purposes of this condition, the term "person or families of low income" shall •be defined as one which earns 80 percent or . less of the median income as established by the United States 'Department of Housing and Community Development for the standard metropolitan statistical area within which the proposed develop- ment is located, as adjusted for the number of members of the household . The term "persons or Families of moderate income" is defined as one which earns 80 . 1 percent to 120 percent of the median income, as established herein, or as may be amended by CUP . 82-31/TT 11879 Mbreh . l, 1983 . Page 6 b. The determination that a tenant, as defined, constitutes a per- son or family of low or moderate income shall be made by the City of Huntington Beach or its designee. The owner guarantees to pay .all costs for services necessary to determine income eligibility or mortgage qualifying for prospective purchasers. In no event shall the owner of Huntington West be required to make said determination, except that the owner may maintain and annually transmit to the City. of Huntington Beach or its designee a listing of tenants who have expressed an interest in purchasing their unit or a comparable unit. c. The 184 condominiums affected by this condition shall be set aside for qualified individuals in equal proportion to correspond to the spectrum of the low/moderate income range, from 80 percent to 120 percent of median income, as defined . Twenty (20) per- cent of the 184 condominiums, or 37 units , shall be offered for purchase on the basis of 80 percent of median income ; 20 percent, or 37 units , shall be offered on the basis of 90 percent of median income; 20 percent, or 36 units (because of rounding) , shall, be offered on the basis of 100 percent of median income ; 20 percent, or 37 units , shall be offered on the basis of 110 percent of median .income ; and 20 percent, or 37 unit:, shall be offered on the basis of 120 percent of median income. Qualified individ- uals are purchasers with total housing payments , including mortgage, interest, homeowners association fees , taxes, and i.n- suiance, which do not exceed 33 percent of their gross monthly income . d . The 184 condominiums identified herein shall first be offered for sale to tenants who reside at Huntington West., are not in default on their rent or lease payments, and have not given notice of an intention to move from the premises on the date on which the .City of Huntington Beach grants discretionary approval to Conditional Use Permit No. 82-31 and Tentative Tract No . 11879 . e. The owner shall prepare and maintain a list of tenants who qualify pursuant to Section M . The list shall be filed with the Director of the Department of Development Services within 30 days of the date of discretionary approval of Conditional Use Permit No.' 82-31 and Tentative Tract No . 11879 . The list may identify tenants who have expressed an interest ' i purchase their unit or a comparable unit. f. No later than 10 working days after the Department of Real Estate grants final approval of the condominium conversion, the owner shall, consistent with Government Code Section 66427 . 1 (d) ,. provide notice to all tenants of their respective right to pur-- chase ' their. or a comparable unit. Tenants who qualify pursuant to Subsection (a) shall in addition be notified of their oppor- tunity to purchase their unit, or a comparable unit, as avail- ' able. The term of the offer to purchase, as provided herein' shall be 90 days after notice is given, as provided by Govern- menu Code- Section 66427 . 2 . CUP •82-31/TT 11879 • March 1, 1983 Page 7 g. Tenants who express an interest in purchasing their or a com- parable unit prio_• to the date on which the City grants discretionary approval to Conditional Use Permit No. 82-31 and Tentative Tract No. 11879 shall be provided the first opportunity to purchase said unit, pursuant to Subsection Cc) . If all of the available units in one of the categories identified in Subsection (c) are committed for sale to tenants , then any tenant who subsequently expresses an iterest in purchasing their or a comparable unit shall be provided the first opportunity to purchase a unit in the next higher applicable category. h. Following the close of the period specified in Subsection ( f) , 20% of the set-aside unity made available within designated income categories established by Subsection Cc) , which have not been sold to qualified tenants , will be offered For purchase on . the same terms to the public at large . The remaining 80% of p � 9 the set-aside units which have not been sold to qualified tenants will be offered for purchase to the City of Huntington Beach or its designee for a period of 90 days . if the City does not exercise this option the units shall be nffered to qualified buyers from the public at large, for a 120 day period. Units not sold during this period shall be available to the cnwmer for sale without restriction as to price. Availability of these units shall be made known to the City of Hunt- ington Beach and the Orange County Housing Authority. CONDITIONS OF APPROVAL - TENTATIVE TRACT NO. 11879 : 1. Approval of Tentative Tract No. 11879 shall be ccntingent upon approval of Zone Charge No . 83-1 by the Huntingtt-n Beach City Council. If the City Council does not approve Zone Change No. ; 83-1 the Planning Commission ' s conditional approval of Tentative Tract No. 11879 shall become null and void. 2. The tentative tract map received and dated February 1 , 1983, shall be the approved layout. j 3. The internal layout of the water system in the existing prcject shall be modified in a manner acceptable to the Department of Public Works . ATTACHMENTS : 1. Letter from applicant dated February 22 , 1983 '2 . Staff report dated February 15 , 1983 JRD :j lm � I i �Runtlnigto'n beach development services department ffAf f EPORM TO ' Planning Commission FROM: Development Services DATE: March 15, 1983 SUBJECT: CONDITIONAL USE PERMIT NO. 82-31/TENTATIVE TRACT NO . 11879 (Continued from the February 15 , 1983 meeting) As directed by the Planning Commission on February 15, 1983 , staff prepared findings and conditions of approval for Conditional Use Permit No. 82-31 and Tentative Tract No. 11879 which were transmitted to the Planning Commission in the attached staff report dated March 1, 1983 . The applicant submitted the attached rebuttal (dated February 28 , 1983) to the staff 's suggested findings and conditions for approval . Based on some further assessment of the findings and conditions presented in. the March 1, 1983 staff. report and new information regarding manda- tory findings contained in the State Subdivision Nap Act required for condominium conversion projects , staff has revised some of the pr viously. suggested conditions of approval and developed some new _ sings and conditions as follows : ADDITIONAL FINDING'S -- CONDITIONAL USE PERMIT 82-31/TE14TATIVE TRACT 11879 1 . Each oS the tenan.t3 ' o6 the rnopos ed condom.in.Win conven.s.ion pno j ect has kcce.ived ton.i.t.ten ►iot.iS.ica.t.ioli o6 .inteit.t.ion to convent at .£eazt 60 day' s pk,ioh .to the 6.i..£.ing o6 .the tentative map. 2 . Each tenant and each peneon appty.ing F,a& the Cki ct£ o S a urt.i.t Witt nece.ive aet appticabte ►iot'ces and -tights nequ.iked by the Subdivi- . sion Map Act. ►' . 3. Each .tena►it cv.i.££ nece.ive wn.i.tte►i no.t.i6.ica.t.ion that dit apt-'£.i.ca.t.io►: bon a pubt is henon.t has been sent to the Depantmeitt o S Reat Eetate and that Ouch hepon.t tv.i.0 be avaitabf.e on Acquest. 4 . . Each teizant iv.iet be given wh..i..tte►t noti6.icat.ion iv.i,th.61 10 day6 opt appaovat o6 a 6.i,tal map ban .the pnoposed condominium canvens.io#:. 5 . Each o6 .the teaan.ts wilt b2 given 180 days w4i.t.ten notice o6 in- tention .to conve,%t pk.ioa .to -tenrr.ina,tia►t o6 .tena►te.y. 6 . Each o6 .the tenante cv.i.£t be.. given notice o6 an exe."uzive n.Z9 t.t to cont-tact 6n)t .the, pu.tchasc o6 li.is o.l. he& tezpective unit upra .the tame ,tehms and eond.i.tiona that such an.i.t tv-i..££ be a n-itia.£C1 o 6 Seked to .the geltehae pubtic on -tenins make 6avonctUe to .the .t'enaitt. The A•f M.:35 M1 • CUP B' -31ITT 11879 March 15, . 1983 page night Witt nun bon a pen.iod not teAz than 90 days 6nom .the da.te ' o6 .ideuance o 6 the aubd.iv.ie.ion pubtic nepont •unteas the ,te)Tan-t gives Pkion wxit.ten notice o6 hiz on hen .intention not to ezenc.iae .the night, REVISED SUGGESTED CONDT.TIONS OF APPROVAL CONDITIONAL USE PERMIT 82-31 The following, suggested conditions of approval presented in the March 1, . 1983' staff report have been revised by staff as follows : (The revisions are shown in italics. ) 2. � The site plan, floor plans and elevations received and dated Febnuaty '4, _ 19$3, shall be the approved layout . The approved de- velopment shall include the following - specific elements agreed to by the applieent- otoneh: a. 245 condominium' un•itz a. 449 square feet of common open space per unit, a* lb. Construction of 117 new balconies, d. e. Construction of two r.aw parking structures , e. d. Improvement of the parking structure delineated as P-1 . � _ with a landscaped deck for passive recreational use, �. e. Imr-'rovement of the ,parking structure delineated as P-2 wiih , active recreational areas including a sod-covered playing area for children, g f . Construction of a new swimming pool, wading pool and spa and, h., g. Landscaping of . areas affected by demolition, alteration and/or reconstruction. ' 3. Ttie., appieent acvnen shall be responsible for developing covenants, conditions and , restrictions for the project pursuant to 'State,,regu= lations The `covenants, conditions and restrictions shall contain- . . .a, 'provision, that will prohibit storage of boats , trailers and re . creational vehicles onsite unless an area which is specifically designated fbr such storage and which is in compliance with provisions J : of Article of the ordinance Code is provided for in the project. ' . 7. Thee eipplteant owitea shall be responsible for resurfacing the Exist ing' "text-coat", siding, on the 16 perimeter buildings with new material subject to the approval of the Department of bevelopMrsnt 'Services'. 9. '." : The dery ape uwfte�. ;shall submit a security improvement plan which wiY3, be subject, to. the approval. .of the Department of Development SbrviGes :.priaz: to the: issuance. of building permits. The plan - shall , ,provfdQ ; for :.strengthened . doors and. door frames , burglar alarms, `,.se ` `'`' ot�irity, hac�r .et��, wrought iron gates for units ironrAng Warner Avenue ' CUP 82-31/TT 11879 March 15 , 1983 Page 3 and Edwards Street, and en.th ga,tet nt the majors entnance,6 to .the pna J ec.t, 10 . The developer owners shall submit a plan for exterior lighting through- out the project which will be subject to the approval cf the Depart- ment of Development Services prior to the issuance of building p,•rmi t e, 138 The developer otoneh shall offer to the buyers of condominium units within the development a one-year warranty guaranteeing the repair of all appliances within individual condominium units . The owner shall replace all appliances three years in age or older within individual condominium units upon sale. 15. Prior to the sale of the first dwelling unit within the project , the appltenrit own en shall provide to the Department of Development Services and to each purchaser a copy of the State of California Department of Real. Estate Form 639, indicating the project ' s condi- tion. If for any reason such form is not required by the Department of Real Estate, such form shall , nevertheless, be provided to the Department of Development Services and to each purchaser. '18-b. The determination that a tenant , as defined , constitutes a person or family of low or moderate income shall be made by the owner, uK h.tz de.6ignee subject to the app,%ovat. o6 .the C.i.iy o6 Hutt-tingtort Beach j andlot the 04ange County Hou6itig Authotitly. Eiur..ex-Hdrteitegte»-Beach ex-tth-designee:--the-eetncr-gearenteea- to-pa�r-all--ee9ts-€er-9erv#eca meeesaeery-to-determine-imeame-eligibility--er--mortgage-qua 11fyimg-fer prempeettwe-peeeheeserer---art--ne-e�rertt-ahe�i-the-aKner•-®f-Hanttr►gteri Weet-be-rtgag�ed-to-peke-sold-deterx�inet�en�r-e:�eept -that-the-eK�er . maY-mecfntefn--ehd•-enne�eiip-trsnaMit-te-the--Eitp-ec-Hde�tingeen�•�3eeeeh � �rytt9•-designee-e--iiatitlg-®f-tertant9--Nhe-harre-e::preeeed-an-•trtereet #n-pnrGheeaing-their-snit-er-a-cer�perabie-snit: 16-�c. The 184 condominiums affected by this condition shall be met &aide pkiced for qualified individuals in equal proportion to correspond to the spectrum of the low/mcderate income range, from 80 percent to 120 percent of median -income, as defined. Twenty (20) percent of the 184 condominiums, or 37 units, shall be offered for purchase on the :oasis of 80 percent of median income; 20 percent. , or 37 units , shall be offered on the basis of 90.-percent of median income; 20 percent, or 36 units (because of rounding) , shall be offered on the basis of 100 percent of median income; 20 'percent or 37 units, shall be offered on the basis of 110 percent of 120 of median income, the 6oAmista bon ptictng shaU be eafcuEated at no gneaten Van 33 pehcer:t 06 the gnob.a annuat .bi ame nz adju.bted So)&. houaehotd 6ize bon e ch o� .the categon,ies and hhaU inefude montgage, in.tenez t., home ownena ad6ociation Seca , .taxed and home otonetz .insuhancs' . eunlified-in•- _ d�ra#dneia- ere-pe�rehe'erm-a:Eth-total-hearing--petyrnert�:�r-ineitie�iHe� r.�ertgegeT-irtlert�tt7��tetneNenere-eeeaexat#+an--fecal-b��tea-anc�-tned- �retReet�rr�tfeh-de- net-C:eeeed�38-pereenE-ef-their-hreMe-mar�thiY - �f�CelRer i CUP $2-31/TT 1187 9 March 150 ' 1983 Page 4 18-h. Pe##eartg�the-a#e9e-ef-the-perged-epee#€#ed-4a�-Sebeeet#ea- {€}? . AAA-df--the-eel-eesde-n»#te-maele-dae##able-K#bh#n-de9#grated-}neet�e eetee�ertes-eeteb#tented--b�-Snbeeet#et;-�e}r-wh#eh-hare-rich-been- ee�d te-q�a�#ffed-tierQxteT-N#�#-be-offered-€er-pnrel�a9e-ea-the-eas+e ' terms-tc�-tl�e-pt�b##c-et-urger--�PHe-rer.+a�n#rag-89��e€-the -set-ee�:de nntt9-Mhfeh- heae-net-been--ee�d-te-qaa�#€#ed-beneate--w##f-be-e#Bred . for-ptjtrehes�e--te-the-E#tp-efwNnritsrgtan--Ber3eh-er-#ta-doe#ghee-€er-a per#ed-of-99-dere---�f.�the-E#tY-deer-net-e�eere#ae-th#e-opt€eta-the dn#ta-shaf3-bc-effered�-te-gr�al#€#ed-be�er9-€rsrn-else-pnl�€#®--at #ergo;-for-e-#�9-dad--per#ad:--E3jz#t9-net-ea#d-dnrthg-th#e-per#ed ehe##-be-aae##abbe-te-the-e�tner-€er-ease-r+#thent-reetr€et€era-ae�te prtee:M-14des#eb###tp-e�-tkeee-nn#te-ehe#l-be-Made-lerlewH-fie-the-Ett�7 ef-Hnllt#ngteh- Heaeh-ertd-the-Grange-Eenntr--Hens€ag-Attt}�ertty- 26 . 5% o6 the 184 .Cow/moderate .income un.it6 , on 49 uni.t6 zhatt be made: ava.i.eabte to quaC.i6.ied .ind.iv.iduat.5 tv.i.-th.tii de6ig►ta•ted in come ca.tego,%i.es e�stabt-i6itcd by Sub6e...t.ion ( c) 6on a pe,Y.iod o6 6.i.ve ( 5 ) fean6 . 16 these, units have not b-,hn hoed to quati6.ied indi v.idccatz tvit►t.ijt 6.t ve ( 5 ) yean.s 6rtoni .the date .that the coltdoiniii.ium eonve,%4ion neceivea 6.ina.t app.tovaC 6nom .the Depa.n.tmen.t o6 ReaZ B.b - tote, then the tuzits 61tatt be made ava.i.Cab.Ze to .the otvjten 6o.l. .Sat-e without nc6.tn.ic.t.i.on to pt.i.ce. T'h.iz numbet may be reduced unfit 6o,c unit by .the number o6 iLit•i.t.S .6otd to gttaC.i6ied tenants as de6.ined . Units with.iit .the pt•ice eategon..i�..s c.stabf..i6hed by Subseeti.oit ( c ) , which have not been 6o.td to qua('..i6.ied tena►tt6 and ate itot ,%e.senved bon 6-ive ( 5 ) yea.ts unde.t the .terms stated above, tvi..0 be o66erred 60h ruAcha,se at .the .same -tc.spec.t.ive price .to .the City o6 Huntington Beach o.-L .i.t6 dezignee 6o,t a tie-'tiod o6 120 days . 16 tile City on .its dez ignee. doez not putchase 6a.id tul-tts du.t.ij*tg .said pen.tod, ,theft the u1.i.t4 .sha.t a be ava.itabte to .tile. owitea Jot .sate toithou.t .tea tt•ic.t-ion to pa�ce . _. ADDITIONAL SUGGESTED CONDITIONS Or APPROVAL - C .U .P . 82-31 : i Staff recommends that the following additional conditions of approval be added to the -list of suggested conditions stated in the March 1, 1983 staff report: i 1 . Att Aecnea.t.iona-t 6acititieni inctuded .in .the otvnet' 6 pnopoaaZ 6o.t site .tmptovements ( e. g . paas.ive aitd active &ec,%eat.ionai amen.i•tie6 cot pan►t.ing stxuctuaea , .two new stv.imrn.irtg pools and nety pa6a.ivc tecneat.iona.t � aneae ) shah be ina.ta.tted p:_iot to conveyance o6 •tile 6.ina.t unit. 2. The app.C•icant 6ha_Z 3ubrn.i.t a phaa.ing scheduCe .to .tile Depat.tment o6 Devetopmen•t Sehv.ice6 p-tion to .tile .i�sauai!ee o6 bui.td.ing petm.i.t6 . The � phabt.ng zehedu' te sha.t-t ea.tabCi6h spec.i6. c time 6tarne.s (ton .tile devetop- men.t pltas eb deactibed on Page 11 o6 .the. appi.i.can.t '�s te•t.tet dated November 16 , 1982. i *26.. 5% of the 184 units being offered for sale by the owner in the low/ L. ' *oderate income range comprises 2'0% of total (245) number of units in the, project. CUP 82-31/mT 11879 March 13•, 1983 Page 5 ADDITIONAL COND1'rim OF- APPROVAL - TENTATIVE TRACT NO. 11879 : Staff recommends that the following additional condition of approval be added to the list of 'suggested conditions stated in the March 1, 1983 staff report : 1 . The atvnen sha.t.t pnov.ide, ce,,Lt•i6.iea.tion to .the City o6 Huntington Seac►z Depan.tment o6 Devetopmen.t SuLv.i.cca .that att appticab.te ►totZee6 and tights .te'quited Widen the Subd-ivision kiap Act have been adhe.'ced to; inceuding but not .tim.i.ted .to : a. A copy 06 .the no.t.i.6.i.cat.ioit oS intent to convent sent .to .tertaitts 60 daye ,► &i ok to the 6it'.-ing o6 the tentative map. b. A copy o6 .the no.t.i6.i,ca.t.i.ort bent to tenants .that an appZi cation 6 A a pubt.ic nepoht ham been 6ctbm.i-tied :to .the Depct4•tme►t.t oS Real ES.tate . c. A copy oS the no.t.iAica.ti.o►t stint .to .tenan•te thata S.inaF ,nail teas been approved. d. A copy o6 .the notice to convent to .te►tait.td 180 days 11nton tetiniflatioll 06 .te attc e. A copy u6 .the no.t.i6.ica.tio►i given .to .t.ertant3 in,io�ming there o6 the-in 90 day ex.-.Zusive k.igh.t -to puac/iase peh.iod. 6 . The 6.inat Vepan•tme►t.t o 6 Reaf- Estate Pubti.c Repunt. RECOMMENDATION: The staff recommends the following findings and conditions : FINDINGS FOR SPECIAL PERMIT �- CONDITIONAL USE PER!IIT N0. 82-31 : • 1. The project contains features which provide good land planning, tech :nigaes with maximum use of aesthetically pleasing types of archi- tecture, landscaping , site layout and design . 'rho applicant is pro- posing major improvements to the existing apartment complex as pant of the proposal for. conversion to condominiums. The physical imw provements originally proposed by the applicant (e. g . increased separations: .between buildings, addition of 117 balconies, addition . of recreational facilities and landscaping , construction of parking structure$, resurfacing of building exteriors .end increased 'open :.,space) in conjunction with additional improvements required in the 'Suggested conditions of approval (e.g. increased fire protection:, noise -attenuation, security improvements, new appliances, solar hot water heatiric , etc. ) are benefits which offset code deficiencies i.derrtified - n the request for special permit . The 'project will not be detrimental to the health, safety, welfare ' CUP, $2-31/TT 11879 March 15 , 1983 Page 6 and convenience of the neighborhood or the City in general, nor de- trimental or injurious to the value of property or improvements in the neighborhood or the City in general . 3. The project is consistent with objectives of planned residential development standards in achieving a development adapted to the terrain and compatible with the surrounding environment. FINbING5 - CONDITIONAL USE PERMIT NO. 82-=31JTEN`I'ATIVE TRACT NO . 11879 : �. 1. The proposed development complies with the General. Plan and with the adoption of the special permit, suggested conditions of appro- val, and approval of Zone Change No. 83-1 by the City Council , the project will comply with Division 9 of the Huntington Beach Ordinance Code 2. The General Plan has set forth provisions for this type of land use as well as objectives for implementation of this type of housing. The project, could potentially result in the displacement of renters, therefore, it is necessary and appropriate that conditions be re- quired to provide for tenant relocation assistance. 3 . The property was studied for this intensity of use at the time the high density designation was placed on the subject property in the General Plan. 4 . The proposed development on this subdivision comprising 8. 17 acres of land is proposed to be constructed having 29. 98 units per gross acre. The proposed zoning to R4-30 is appropriate for the number of units being proposed. S. The lot size, depth, frontage, street width and, through the use of a. special permit, all other design and implementation features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifications on file with the City as ;cell. as .in compliance with the State Subdivision Map Act and supp:.ememt.ary City subdivision ordinance. 6. Eaoh of the tenants of the proposed condominium conversion project has received written notification of intention to convert at least 60 days prior to the filing of the tentative map. 7. Each tenant and each person applying for the rental of a unit will receive all applicable notices and rights required by the Subdivision 'Map Act. 8. Each tenant will receive written notification that an application for a public report has been sent to the Department of Real Estate and that such report will be available on request. 9. Eoch •tenant will be given written notification within 10 days of approval of a final map for the proposed condominium conversion . CUP 82-31/TT 11879 March 151 1983 Page 7 10. Each of the tenants will be given 180 days written notice of inten- tion to convert prior to termination of tenancy. 11. Each of the tenants, will be given notice of. an exclusive right to 'contract. for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right will run for a period not less than 90 days from the date of. issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. CONDITIONS OF APPROVAL -- CONDI'T 1014AL USE PERMIT NO. 82-31: 1. Approval of Conditional Use Permit No . 82--31 shall be contingent upon approval of Zone Change No. 83--1 by the Huntington Beach City Council . If the City Council does not approve Zone Change No. 83-1 , the Plan-- ning commission' s conditional approval of Conditional Use Permit No. 82-31 shall become null and void . 2 . The site plan, floor plans and elevations received and dated February 4 , 1983 , shall be the approved layout. The approved deve- lopment -shall include the following specific elements agreed to by the owner: a. 245 condo;Anium units , b. 449 square feet of common open space per unit, c. Construction of 117 new balconies, d . Construction of two new parking structures, e. Improvement of the parking structure delineated as P-1 with a landscaped deck for passive recreational use, f. Improvement of the parking structure delineated as P-2 with active recreational areas including a sod-covered playing area for children, g. Construction of a new swimming pool , wading pool and spa and, h . Landscaping of areas affected by demolition, alteration and/ or reconstruction. 3 'The owner shall-be responsible for developing covenants , conditions and ::estricti.ons for the project pursuant to State regulations. The covenants, conditions and restrictions shall contain a provision - thitt gill prohibit storage of boats, trailers and recreational ve- Moles onsl*� unless an area which is specifically designated for such', storaye and which is in compliance with provisions of Article 936 of the `Ordinance Code is provided for in the project . . CUP 82-31/TT . 11879 March 15, 1983 Page 8 4 . A11-approved drives , except those in Parking Structure P-1 and the northerly drive in Parking Structure P-2 , shall be considered re- quired fire lanes and shall be signed as such subject to the approval of the Huntington Beach Fire Department prior to the issuance of building permits . 5 . Buildings within the project shall be provided with systems related to fire protection and life safety as deemed necessary by the Hun- tington Beach Fire Department and all applicable codes. The follow- ing specific fire prevention measures ,shall be incorporated into the development: a. Smoke detectors/fire alarms in each unit and a fire alarm system in all buildings, b. Sheet metal lining of laundry, water heater and trash rooms . c. one-hour fire walls between units , d stand i Building Dry st n pipes in B ui g 15 , e . A fire-proof stairway serving the., center of Building 15, and f . ' A sprinkler system in Parking Structure P-1 and the existing narking area beneath Building 15 . ? 6. A detailed landscape plan which complies with Article 936 of the ordinance ccide shall be submitted to the City and approved by the Department of Development Services and the Department of Public Works prior to the issuance of building permits. The .main drive entrance off Edwards Avenue shall be modified to include landscaping in areas acceptable to the Departments 'of Development Services and Public Works . Such modifications shall be shown on the approved de- tailed landscape and sprinkler plzn. in addition, Parking Structure P-1 shall be designed to protect to the maximum extent feasible, the existing mature vegetation on the southerly side of Building 15. 7 . The owner shall be responsible for resurfacing the existing "text- coat", s.iding on the 16 perimeter buildings with new material subject to , the approval of the Department of Development Services . 8 , All converted units shall meet the noise insulation standards con- tained in 'Title 25 of the California Administrative Ccde. Evidence of compliance shall consist of the submittal of an acoustical ana- lysis report prepared under the supervision of a person experienced' in the . f.ield of acoustical engineering with the application for build- ing permits. The acoustical analysis report shall demonstrate cam pliance with the minimum acceptable standards for the airborne sound iaolation of wall and floor ceiling assemblies and the interior com- munity noise equivalent level for each unit. All measures necessary to mitigate noise to acceptable levels shall be incorporated 'int:o the design .of the project . CUP 82-31/TT 11879 March 15, 1983 . Page 9 9 . The owner shall submit a security improvement plan which will be sub- ject ,to the approval of the Department of Development Services prior to the issuance of building permits . The plan shall provide for strengthened doors and door frames , burglar alarms, security locks, wrought iron gates for units fronting Warner Avenue and Edwards Street, and entry gates at the major entrances to the project. 10. The owner shall submit a plan for exterior lighting throughout the pre-* 'ct which will be subject to the approval of the Department of Development Services prior to the issuance of building permits . 11. Plumbing and electrical stub-outs necessary for the installation of washers and dryers shall be installed in all units adjacent to War- ner- Avenue and Edwards Street. 12. Outside storage space shall be provided for each unit pursuant to Section 9363 . 6 of the Huntington Beach Ordinance Code. 13. The owner shall offer to the buyers of condominium units within the development a one-year warranty guaranteeing the repair of all ap-• pliances within individual condominium units. The owner shall re- place all appliances three years in age or older within individual condominium units upon sale. 14 . The existing hot water heating system within the development shall be retrofitted to include solar assist, in a manner acceptable to the Department of Development Services. 15 . Prior to the - sale of the first dwelling unit within the project, i the owner shall provide to the Department of Development Services and to each purchaser, a copy 'of the State' of California Department of Real Estate Form 639, indicating the project ' s condition. If for any reason such form is not required by the Department of Real Estate, such form shall, nevertheless,, be provided to the Department of Development Services and to each purchaser . 16 . Tenants who occupy units within the existing apartment complex on the date of approval of these applications and for six months there- after, or for those tenants who occupy the units at the time the 90-'day mandatory notifications (Exclusive Right of Purchase) are given, whichever comes first, and who will be relocating, shall be offered the following assistance from the applicant: a. The tenant shall be paid a sum by the applicant equal to his/her lust month rent. :b. The tenant shall be reimbursed by the applicant for moving ex- penses, a sum not to exceed $500. c. The tenant shall be provided with a current update list identi- fying all of the rent- al units in the general area. 17. Tenants who occupy units within the existing apartment complex shall CUP 82-31/TT 11879 March 15 , 1993 Page 10 be provided notification that the owner has received approval from City to convert the existing complex to condominiums. The property owner shall also provide to the tenant, a list of the conditions of approval . Interim tenants will not qualify for the tenant assistance program. The applicant shall provide a signed copy of the tenant, of these items and shall make this signed copy available to the City of Huntington Beach. 19. Seventy-five (75) percent of the 245 condominiums, or 184 units, shall be made available for purchase by persons or families of low or moderate income, as follows: a. ' For purposes of this condition , the term "person or families of low income" shall be defined as one which earns 80 percent or less of the median income as established by the United States Department of Housing and Community Development for the standard metropolitan statistical area within which the proposed develop- ment is located, as adjusted for the number of members of the household. The term "persons or families of moderate income" is 'defined as one which earns 80. 1 percent to 120 percent of the median income, as established herein , or as -.:ay be amended by HUD . b. The determination that a tenant, as defined , constitutes a person or family 'of low or moderate income shall be made by the owner or his designee subject to the approval of the City of Huntington ' Beach and/or the Orange County Housing Authority. C. The 184 condominiums affected by this condition shall be priced for qualified individuals in equal proportion to correspond to the spectrum of the low/moderate income range, from 80 -percent to 120 percent of median income, as defined . Twenty (20) percent of the. 184 condominiums , or 37 units, shall be offered for pur- chase on the basis of 80 percent of median income; 20 percent or 37 units, shall be offered on the basis of 90 percent of median income; 20 percent, or 36 units (because of rounding) , shall be offered on the basis of 100 percent of median income; 20 percent or 37 units, shall be offered on the basis of 110 percent of 120 of median income. The formula for pricing shall be calculated at no greater than 33 percent of the gross annual income -as adjusted for household size for each of the categories and shall include mortgage, interest, home owners association fees , taxes and home owners insurance. d. The 184 condominiums identified herein shall first be offered for sale to tenants who reside at Huntington west, are not in ' default on- their rent or lease payments, and have not given Notice of an intention to move from the premises on the date on which the City of Huntington Beach grants discretionary ,approval to Conditional Use Permit No. 83-21 and Tentative Tract No. 11879. The list may Identify tenants. who have expressed an interest to purchase their unit or a comparable unit. CUP 82-31/TT 11879 March 15 , 1983 Page 11 e. The owner shall prepare and maintain a list of tenants who qualify pursuant to Section (d) . The list shall be filed with the Direc- tor of the Department of Development Services within 30 days of the date -f discretionary approval of Conditional Use Permit No. 82-31 anti Tentative Tract No . 11879 . The List may identify tenants who have expressed an interest to purchase their "unit or a com- parable unit. f . No later than 10 working days after the Department of Real Estate grants final approval of the condominium conversion, the owner shall, consistent with Government Code Section 66427 . 1 (d ) , pro-- vide notice to all tenants of their respective right to purchase their or a comparable unit . Tenants who qualify pursuant to Sub- section (a) shall in addition be notified of their opportunity to purchase their unit, or a comparable unit , as available. The term of the offer to purchase, as provided herein, shall be 90 days after notice is given, as provided by Government Code Sec- tion 66427. 2 . g. Tenants who express an interest in purchasing their ur a compar- able unit prior to the date on which the City grants discretionary approval, to Conditional. Use Permit No. 82-31 and Tentative Tract No . 11879 shall be provided the first opportunity to Purchase said unitpursuant to Subsection (c) . If all of the available units in one of the categories identified in Subsection (c) are commited ? for sale to tenants, then any tenant who subsequently expresses an interest in purchasing their or a comparable unit shall b, provided the first opportunity to purchase a unit in the next higher applicable category. d h. 26 . 5%* of the 184 low/moderate income units, or 49 units shall be made available to qualified individuals within designated in-- come categories established by Subsection (c) for a period of five (5) years. If these units have not been sold to qualified indi- viduals within five (5) years from the date that the condominium conversion receives final approval from the Department of Real Estate, then the units shall be made available to the owner for sale without restriction to price. This number may be reduced unit-for-unit by the number of units sold to qualified tenants as defined. Units within the price categories established by Sub- section (c) , which have not been sold to qualified tenants and are not reserved for five (5) years under the terms stated above, will be offered for purchase at the same respective price to the City of fiuntington Beach or its designee for a period of 120 days. If the City or its designee does not purchase said units during said period, then the units shall be available to the owner for sale without restriction to price. *26 . 58 of the 184 units being offered for sale by the owner in the low/ Moderate income range comprises 20% of. total (245) number of units in the project. CUPS- 8�-31/TT_I1879 Maroh� 1,5, '-1983 Page `12 19. Al I recreational facilities included in the owner' s proposal for ' site improvements (e.g. passive. and active recreational amenities on. parking structures, two new swimming pools and new passive rec. -ea tional areas) shall be installed prior to conveyance of the first . unit. The. i lica�nt`.shall submit a hasi g; . " the Depart Z0, r pp p n schedule to melyt of : Development Services prior-to the issuance of, building permits. The •: phasing schedule shall establish specific 'tinie 'frames fox:=the-.develop- ment 'p-heses described on page 11 of the applicant' s letter 'dated November Yb, 1982 . CONDITIONS OF APPROVAL - TENTATIVE TRACT NO. 1.18 7 9 : 1. The'. owner shall provide certification to the City of Huntington beach Dapaxtment `of Development Services that all applicable notices and -.nights recruired . under the Subdivision Map Act 'l;ave been adhered to; - r including but not limited to: a. A copy of the notification of intent to convert sent to �enants 60 days prior to the filing of the tentative map. b A copy of the notification sent to tenants that an Application for a, public ,report has been submitted to the Department of Real ` Estate ' c. . 'A copy of `the notification sent: to tenants that a final :reap has been approved . d.' .,A copy of the notice to convert given to tenants 180 days prior to termination of tenancy. 6, 'A: copy of the notifi ation given to tenants informing them of r their 90 ' day exclusive right to purchase period. The. final D partment of Real Estate Public Report . Approval .of Tentative Tract No. 11879 shall be ,contingent upon appzo�- ` ;"Val .' 'of .Irmo chi No. A3-�. by the. Huntington Beach City . Council. .� If,-the ' Ck y` Council :does not approve Zone Change No.' 83-1, the* plan N ning Comm sssion' s conditional approval of Tentative Tract No. .11879 tt , r' sha''1 'become:..nual. and void. ' 3�► :The 'tentative trict map red®ived and dated February 1,, 1983 , shall be '.the, apr'oved. layout. 41 inteYiral . layout;'of the water systen in the existing projAct :hall be; motif f 3ed: in a mariner acceptable to the Department of :Public works. Mare'" 1, ; 1993 staff report a rebuttal dieted February 28, 1983 7 - j t` j' t��.111 t t . H. B. Planning Commi Don March 15, 1983 Paae 2 on February 16 . Commissioner L• ivengood requested that a copy of the new flood plain regulations be distributed at the next regular meeting. REGULAR AGENDA: CONDITIONAL USE PCRMIT NO. 82-31/TEN-LATIVE TRACT NO , 11879 Subdivider : Norbert Dall, agent for Master Properties, No. 9 , Ltd. Eno.'t-veer: Dudley H . Clark and Associates (Continued from 2-15-83) A request to convert an existing 286 unit apartment complex to a 245 unit 1- lanned residential development, located at the northwest corner of earner Avenue and Edwards Street. The public hearing was opened and closed on February 15 , 1983 , and was not reopened by the Chairman. Jim Barnes made a correction to the staff report on Page 10, under Condition #18-c , the following phrase was omiLLad from Line lU, "of median income; 20 percent, or 37 units, shall he offered on the :jasis" . The applicant, Norbert Dall, submitted two rebuttal reports, one dated February 28 and the other dated March 11, since the last Planning Corn- mission meeting . Commission discussion ensued regarding Condition ;19 on the conditional use permit pertaining to the difference between the staff ' s condition -on a solar hot water system and the applicant 's suggested condition on the same subject. After brief debate, the Chairman decided to take a straw vote on each finding and condition "if the suggested finding and condition submitted by staff was not agreeable "to the Commission. Chairman Porter suggested that Condition #6 be revised to add a sentence referring to retention of mature vegetation. Commi !;3ioner Higgins felt that there should be a planting of additional trees for screening pur- poses along the Warner and Edwards fronts . ON MOTION BY LIVE14GOOD AND SECOND BY WINCHELL CONDITION 96 ON C .U.P. 82-31 WAS REVISED AS STATED ABOVE, BY THE FOLLOWING STRAW VOTE: • AYES: Higgins , L-ivengood, Winchell , Porter, Erskine, Schumacher, Mirjahangir NOES: None ":ABSENT : None ABSTAIN : None Brill Cooper of the Fire Department suggested mzinor rewording of Condi- tian8 "#4 and #5 regarding A. lire lanes and stand pipe systems. ON 'MO,TION" BY. WINCHELL AND SECOND BY HICGINS, CONDITIONS #4 AND 15 WERE 'AMENDED TO REFLECT 'FIRE DEPARTMENT' S SUGGESTION, BY THE FOLLOWING RAW' VOTE:. AYES : ,Higgins. Livengood, Winchell, Porter, Erskine, Schumacher, 13.S. F,larning Commission March 15 , 1983 Page i Mirjahangir NUES : None ABSENT: None ABSTAIN: None Commissioner Higgins iiade a suggested change to Condition #7 adding im- arcving balconies for units which front Warner and Edwards -: nd that the type of material to be usad will be oubject to the approval of the Planning Commission rather than subject to departmental approval . ON MOTION TO TPAT EFFECT BY HIGGI14S AND SECOND BY PORTER, CONDITION #7 WAS REVISED AS SUGGESTED , PY THE FOLLOWING STRAW VOTE: AYES: Higgins, Winchell, Porter, Erskine, Schumacher , Mirjahangir NOES: Livengood ABSENT: None ABSTAIN: None Commissioner Higgins further stated that the reason for tho above c►.iange was that he would Like to see what the project .is doing to look like since that is the basic reason for the granting of the applications. Commission Winchell asked the Public Works Department how many car lengths it would take from, an entry gate to the street for stacking purposes . Les Evans stated there needed to be at least four car lengths . Mr. Palin stated that the municipal code requires some type of security system. Chairman Porter asked legal counsel to address this con.-ern and, for the sake of time, the Commission moved on to the next condition for discussion. ON MOTION BY WINCHELL AND SECOND BY HIGGINS CONDTT1*ON #13 WAS MODIFIED TO. READ "AT Ti `E TIME OF INITIAL SALE" 11vzjTEAD 'OF STAFF ' S WORDING OF "UFON SALE" , BY THE FOLLOWING STRAW VOTE : AYE;' : Higgins , Livengood , Winchell , Porter, Erskine, S;aurnacher, Mirjahangir NOES : None ABSENT: hone ABSTAIN: None Art F61ger returned to discussion on entry gates (Condition #9) . He stated that the provisions in the code deal with dead bolt locks and sliding glass `doors, etc . Chairman Porter asked for further information. Discussion, ensued regarding Condition #14 dealing with a solar hot water rcystpm. Mr. Palin stated that staff preferred the wording of "shall" .! Install) ,' as opposed to the applicant ' s suggested condition which asks for leas,ibility, considerations with regard to solar assist of an existint- central hot water system. Commissioner Erskine questioned the applicant' s wdefinition of satisfactory financing of the solar system. Mr. Falin suggested that the Condition could he worded to consider the feasibility of� the solar assist system per unit, with the cost not to exceed •, set dollax amount. Chairman Porter asked `Public Works to give an estimate. roi amissioner Erskine -asked if staff had conducted a structural analysis . II .B, Planning Commission March 15, 1913 Page 4 Mr. Barnes replied that no such analysis had been ierformed by staff, but further stated that the original concept was firat brought up by the applicant for a solar retrofit program. Commissioner Higgins asked the applicant what lie estimated the program would cost. Mr. Dall stated that he estimated the cost %vuuld be ir. the neiahbo::hood of about $2, 000 per unit which would t:.tal. to about $500 , 000. +lie further stated that thf, applicant only made the suggestion at the rf!ouest of Councilman Kelly. Mr. r -all felt it was unrev.sonable for the Commission to mandate the owner to do this ; that the cost would be ultimately aeded to the sales price. However, he said it is tho owner ' s intention to do it. Further discussion took place between the applicant and Commissioner Mirjahangir regarding the centrally located tank as far as the gallon capacity. Mr. Dall stated it would require approximately 100 gallons per unit. Staff will have final determi.,a-tion of the feasibility. ON MOTION BY ERSKINE AND SECOND BY LIVENGOOD, THE APPL''CANT ' S SUGGESTED CONDITION (ur 14 ) WAS APPROVED AS MODIFIED . BY THE FOLLOWING STRAW VOT"6 : AYES : Higgins , Livengood , Winchell , Porter, Erskine , Schumacher , Mirjahangir NOES : None ABSENT: None ABSTAIN: None Discussion returned to Condition # 9 . Mr. F91ger ,stated that the purpose of the provisions fcr security was to establish minimum construction standards fcr protection against unlawful entry . Chairman Porter stated that he felt this was "late in the game" to require this condition . He further stated that the discussion would continue on this 'Later. { Discussion took place regarding Condition # 16 referring to the tenant relocation and moving expenpe program. The applicant explained that the way the staff report was worded , he may end up with vacant units and may have to pay assistance to tenants who move from the complex; 1 fo,-,. reasons unrelated to the conversion. He said the entire process of con-crerslon may take anywhere from three to five years . He felt that only those tenants who are "caught up in the conversion process" shc-uld be described as eligible tenants . Chairman Porter felt that the appli- cant's zu4gested condition showed that there is the intent to provide adequate notification. Some discussion took place regarding condominium conversion standard condition=s of approval . Mr. Barnes stated that the conditionF .for approval on the IIess Circle condo-conversion were used as a basis as modified by the Commission. Staff further discussed the ramifications of this condition on the relocation assistance for existing tenants. Discussion ensued regarding rent increases and provisions for those tenants who would he in units that were proposed for demol'.tion . and regarding the list of comparable units for rent in the City. ON MOTION 'BY ERSKINE AND SECOND BY HIGGINS , THE APPLICA--r' s CONDITION 416 WAS APPROVED AS MODIFIED ABOVE, BY THE FOLLOWING STRAW VOTE: AYES : Higgins , hivengood , Winchel'L , Porter, Erskine, Schumacher, i H.B. Planning Commis9on rlarch 15 , 1983 Page '3 Mirjahangir NOES : None ABSENT: None .ABSTAIN: None Commissioner Higgins stated for the record that he disagrees w4th the restriction of rent increases. Commissioner Wi chell addressed Condition #17 . She liked the wording >>pplied by the applinant with regard to definition of "prospective tenant" and further suggested that the signed copy of the nr:tice to prospective tenants should also be dated. ON, MOTION BY WINCHELL AND SECOND BY LIV'ENGOOD, CONDITION #17 WAS MODI- FIED AS STATED ABOVE, BY THE FOLLOWING STRAW VOTE: AYES : Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES : None ABSENT: None ABSTAIN: None Commissioner Schumacher took this +-ime to state for the record, that she and Commissioner Higgins were not present at the February 15th meetinq , but had listened to the tape and were eligible to vote on the issue. Chairman Porter skipped Condition #18 and asked if anyone on 'the Commission hGd a question on Conditions 019 or #20 . Commissioner Schumachex 11ad this comment on Condition #20. She stated that she was i concerned about the number of children presently living in the apartment compleX who would possibly be endangered by the proposed demolition and further suggested that "applicant shall provide. for lighting, fencing and 29-hour security of all demolition, constructirn and storage sites" . i ON MOTION BY SCHUMACHER AND SECOND BY WINCHEL?. CC•NDIT70N #20 +AS MODI-- FIED AS STATED ABOVE, BY THE FOLLOWING STRAW VOTE: AYES : Higgins, Liven ood, Winchell, Erskine , Schumacher, Mirjahangir S9 � 9 NOES :, None ABSENT: Porter ABSTAIN: None A..MOTION WAS MADE BY ERSKINE AND SECONDED BY HIGGINS TO APPROVE THE APPLICANT ' S SUGGESTED CHANGES TO CONDITION #18. , �Diocus• :ion ensued at length regarding the affordable housing. issue. P 9 . g a P g 5. Staff' : condition rovides a formula ffor ricin the units cAlculated at`:no .gre�atPr than : 3 percent of. the gross annual income as adjusted lor: hduaehold size for. each .of ` the categories and shall_ include •mortgage , ' ,.. 3n" a iest,.: homeow eerR ,association fees`, taxes and homeowners, insurance" . r 'Sta. so tecommended that , 49 units be made available to ,qualitied in- 'dividu� � s f '0r. a' five year per�:od before : ,:hey would be available , to the { awn r..' or ; ale wi ho`ut re'striction to price. Commissioner. Wa,.nchell felt thiit without the-le-titer provision there would be no qualifications for i� H.B. Planning Corrumission March 15, 1983 Page 6 buyers as to their income . The applicant stated. it was not his intent to create "a loop--hole" . lie said it was meant to be clear that people who ialify to purchase the affordable units were persons with low or moderate inec.mes. his objection was to the length of time (a years) he would be required to hold the unit vacant. Cemmmi.ssioner Livengood favored a 17-- month period for the term of the offer tc, purchase, in lieu of the 90-- day period recommended by the applicant. THE ORIGT.IiAL MOTION MADE BY ERSKIIJx WAS F,PPPOII:;n 13Y THE FOLL01%II G STRAN VOTE: AYES : Higgins , Erskine, Porter , Mirjahangir NOES : Livengood, Winchel 1, Schumacher ABSENT: None ` ABSTAIN: None ON MOTIOI4 BY LT"F;IGOOG AND SECOND BY PORTER CONDITION h1l) WAS MODIFIED TO OMIT THE RfQvIP4E11T FOR ENTRY GATES AT Iv,JOR EIdTRA?`CES , BY THE I'OLL40WING STRAW VOTE: AYES: Higgins, Livengood, 11inchell , Porter, Erskine, Schumacher, Mirjohangir NOES : None ABSENT: None ABSTAIN: None ydrie discussion too): place regarding the possibility of reducing ,an- reet parking. Discussion followed regarding provisions for. tenants -rho presently live in those units targeted for demolition. ON MOTION BY ERSKINE AND SECOND BY LI4ENGOOD CONDITION 416 (g) ItiF,S ADDED TO READ "THE OWNER SHALL INFOP.I-I ALL TENANTS PRESEI:TLY LOCATED IN Uh:ITS WHICH ARE TO BE DEMOLISHED OF THEIR. RIGHT TO RELOCATE 11ZT0 ANOTIHER AVAILABLE USE WITHIN THE PROJECT" , BY THE FOLLOWING STRAW VOTE: AYES: . Higgins, Livengood, Winchell , Porter , Erskine, Schumacher , Mirj ahangir NOES : None Ai ENT: None ABSTAIN. None A motion was made by Porter to prohibit parking on Warner Aven:je. This motion failed fo-r lack of a second . ON MOTION 5Y PORTER AND SECOND BY LIVENGOOD, PUBLIC WOWIS DEPARTIA.ENT WAS DIRECTED TO REVIEW RECOMMENDATION FOR "RED CURB" ALONG WARNER AVENUE IN FRONT OF-THE aUIiTZNGTO,1 WEST CdMFLEX , BY THE FOLLOWING STRAW VOTE: 141rE5: HiggimsV Livengood, Porter, Erskine , Schumacher, Mirjahangi..r NOES: Wincbell A$SEW Non® ABSTAIN: ' None . 0 II.B. Planning Commission March 15 , 1983 Page 7 ON MOTION BY WINCNELL AND SECOND BY HIGGINS , ADD "HEAD OF HOUSEHOLD" AS DEFINITION OF TENANT TO FINDING FOR CUP AND TT (#6) , BY THE FOL- LOWING STRAW VOTE: AYES : Higgins, I,ilrengood , Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES : None ABSENT: None ABSTAIN: None Discussion took place regarding Condition #1 for the tentative tract relating to notices given to prospective tenants "subsequent to approval of the condominium conversion by the Department of Real Estate that a condominium conversion has been approved for the Huntington West and that no relocation or moving expense reimbursements will be paid to tenants who begin tenancy on or after said .date" . A MOTION WAS MADE TO THAT EFFECT BY LIVENGOOD AND SECONDED BY EF.9KINE TO AD , CONDITION #lg TO CONDITIONS FOR APPROVAL FOR TENTATIVE TRACT 11874 , BY THE FOLLOWING STRAW VOTE: AYES : Higgins , Livengood , Winchell , Porter , Erskine, Schumacher, Mirjahangir NOES : None ABSENT: None s ABSTAIN : NoTLe Secretary Palin requested th,.t Condition #3 for the tentative tract be changed to reflect the correct date the map was accepted, March 15 , 1983. ON MOTION BY LIVENGOOD AND SECOND BY ERSKINE, CONDITIONAL USE PERkIIZ NO. 82-31 WITH A SPECIAL PERMIT AID.: TENTATIVE TRACT NO. 11879 WERE APPROVED WITH THE FOLLOWING FINDING;; AND CONDITICIIS , BY THE FOLLOWING VOTE: SPECIAL PERMIT: I The Planning Commission granted 'a special permit in the following areas: 1. Density 2. Site coverage 3. Setbacks 9. Building spearations 5. Building bulk 6. Open Spica T. 'Minimum floor area H. B. Planning Commi on March 15 1983 Page 8 FINDINGS FOR SPECIAL PEP"MIT: (CUP 82-31) 1 . The p!-oject contains features which provide good land }Manning techniques with maximuin use of aesthetically pleasing types of architectural, landscaping , site layout and design. The applicant is proposing major improvements to the existing apartment complex as part of the proposal for conversion to condominiums. The phy- sical improvements originally proposed by the applicant (e .g. , in-- creased separations between buildings , addition of 117 balconies, addition of recreational facilities and landscaping, construction of parking structures, resurfacing of building exteriors and in- creased open space) in conjunction with additional improvements required in the suggested conditions of approval (e.g. , increased fire protection, noise attenuation, security improvements, new ap- pliances , solar hot water heating, reduction of density , etc. ) are benefits which offset code deficiencies identified in the request for speriaL -permit. 2. The project will riot be detrimental to the health, safety, welfare and convenience of the neighborhood or the City in general, nor detrimental or injurious to the value of property or improvements in the neighborhood or the City in general . 3. The project is consistent with objectives of planned resideztiaa development standards in achieving a development adapted to the terrain and compatible with the surrounding environment. FINDINGS FOR APPMM, OF CONDITIOt1AL USE PER4IT 82--31 AND TE2%VATM. TRACT 11879: 1. The proposed development complies with the General Plan. and with the adoption of the special permit, suggested conditions of approval , and approval of Zone Change No . 83--1 by the City Council, the project will comply with Division 9 of the Huntington Beach Ordinance Code. 2. The General Plan has set forth provisions for this type of land use as well as objectives for implementation of this type of housing. The project could potentially result in the displacement of renters , therefore, it is necessary and appropriate that conditions be re- quired to provide for tenant relocation assistance. 3. ' The property was studied for this intensity of use at the tit, -- the high density designation was placed on the subject property in the General Plan. A . The development on this subdivision comprising 8 . 17 acres proposed p P 9 of land is proposed to be constructed having 29 .98 units per -gross acre,6 The proposed zoning to R4-30 is appropriate for the number of units being proposed . 5. The lot size, depth, frontage, street width and, through- the use of, a - special permit, all other design and implementation features of: the prcposea subdivision are proposed to he constructed in com pliance -with standard plans .,and specifications on file with the City aw - well as in compliance with the State Subdivis�.on Map Act H .B. Planning Commission March 15, 1983 Page 9 and supplementary City subdivision ordinance . 6. Each of the tenants (head of household) of the proposed condominium conversion project has received written notification of intention to convert at least 60 days prior to the filing of the tentative map. 7. Each tenant and each person applying for the rental of a unit will receive all applicable notices and rights required by the Subdivision Hap Act. 8. Each tenant will receive written notification that an application for a public report has been sent to t_'-:e Department of Real. Estate and that such report will be available on request. 9. Each tenant will be given written notification within 10 days of approval of a final map for the proposed condominium conversion. la . Each of the tenants will be given 180 days written notice of inten- tion to convert prior to termination of tenancy. 11 . Each of the tenants will be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favoratie to the tenant. The right will run for a period not less than 90 days from the date of issuance of- the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 82-31 : I. Approval of Conditional Use Permit No . 82-31 shall be contingent upon approval of Zone Change No . 83-1 by the Huntington Beach City Council. If the City Council doe.; not approve Zone Change No. 83-1, the Plan- ning Commission ' s conditional approval of Conditional Use Permit No. 82-31 shall become null and void. 2. The site plan, floor plans and elevations received and dated Feb- ruary 4 , 1983 , shall be the approved layout. The approved development shall include the following specific elements agreed to by the owner: a. 245 condominium units ; b. 449 square feet of common open space per unit, c. Construction of 117 new balconies, - d: cons tructlan!-of two 'new parking structures, e.. improvement of the parking structure delineated as P-1 with a landsca ed dcck * for p passive recreational use, E. . Ifiproveinpnt of the parking structure ddlineated as P-2 with • r ,.F�. Plannir:i Commisse March 15 , 1981 0 Page 10 active receeational areas including a sod-covered playing ay-::a for children , g . Construction of a new swimming pool , wading pool and spa and, h. Landscaping cf areas affected by demolition, alteration and/or reconstruction. 3. The owner shall be responsible fu-.: developing covenants, conditions and restrictions for the project pursuant to State regulations. The covenants , conditions and restrictions shall contain a provision that will prohibit storage of boats , trailers and recreational vehicles onsite .unless an area which is specifically designated for such stor- age and which is 'ia compliance with provisions of Article 936 of the Ordinance Code is provided for in the project. 4 . All approved drives , as deemed necessary by the Fire Department, shall be considered required fire lanes and shall be signed as such subject to the approval of the Huntington Beach Fire Department prior to the issuance of building permits . 5 . Buildings within the project: shall be provided with systems related to fir-: protection and life safety as deemed necessary by the Huntington Beach Fire Department and all applicable codes . The following specific fire prevention measures shall be incorporated into the development : a. Smoke detectors/fire alarms in each unify and a fire al-rm system � in all buildings, b. Sheet metal lining of laundry, water heater and trash rooms .. c. One--hour fire walls between units , ' d. Stand pipe systems in Building 15 , e. A fie-proof stairway serving the center of Building 15, and f. A sprinkler system in Parking Structure P-1, the existing parking area beneath Building 15, and Parking Structure P-? , if deemed necessary by the Fire Department. 6. A detailed -landscape plan which complies with Article 936 of the ordi- nance code shall be submitted to the City and approved by the Depart— ment -of Development Services and the Department of Public Works prior to the issuance of building permits. 1.11he landscape plan shall provide for the , planting of additional trees along the lfarner Avenue and Edwards. Street frontages. All existing mature vegetation on the site shall he preserved to the greatest extent feasible . The main drive entrance off Edwards Street ::hall be modified to include landscaping in .itreas acceptable to the Departments at Development Services and Public Works . Such modifications shall be shown on the approved -?e- - ta led landscape and sprinkler plan. In addition , Parking Structure P-1 $hall be designed to protect to the maximum extent feasible, the H'. ►3. Planning Commission March 15, 1983 Page 11 existing mature vegetation on the southerly side of Building 15 . 7 . ' Ihe owner shall be responsible for resurfacing the existing "text-- coat" siding on the 16 perimeter buildings and improving balconies for units fronting Warner Avenue and Edwards Street: such that they are screened when viewed from the public street . The type of i,.aterial used for resurfacing the building:: and its proposed design, including the method of screening balconies from the public streets, shall be approved by the Planning Commission prior to issuance of building and demolition permits. 8. All converted units shall meet the noise insulation standards contained in Title 25 of the Californai Administrative Code. Evidence of com- pliance shall consist of the submittal of an acoustical analysis re- port prepared under the supervision of a person experienced in the field of acoustical engineering with the application for building per- mits . The acoustical analysis report shad demonstrate compliance with the minimum acceptable standards for the airborne sound isolation of wall and floor ceiling assemblies and the interior communic noise equivalent level for each unit . All mna:ores ..,ecessary to mit.&gate noise to acceptable levels shall be incorporated into the design of i the project . 9. The owner shall submit a security improveraenL plan in compliance with applicable, municipal ordinance, which will be subject to the. approval. of the Department of Development Services prior to the issuance of building permits . Tha plan shall provide for strengthened doors and door frames, burglar alarms , security locks, wrought iron gates for units fronting Warner Avenue and Edwards - Street . 10 . The owner shall submit a plan for exterior lighting throughout the project which will be subject to the approval of the Department of Development Services prior to the issuance of building permits . 11 . Plumbing and electrical stub-outs necessary for the installation of washers and dryers shall be installed in all units adjacent to Warner Avenue and Edwards Street. 12. Outside storage space shall be provided for each unit pursuant to Section 9863 . 6 of the Huntington Beach ordinance Code. 13. The owner shall offer to the buyers of condominium units within the development, a one-year warranty guaranteeing the repair of all ap-- pliancea within individual condominium units. The owner shall replace all appliances three years in age or older within individual condo mj:rium, units at the time of initial sale . Tr.e- owner wall , implement a solar not :,rater retrofit program, as. ijbitly; developed eith the gas , utility, unless it is demonstrated try."Oe, Satisfaction of the Department of Development Services, that: a. ThO 'Huntington West structures make such retrofit infeasible, or than ' ff D. Planning Commission March 15, 19831 Page 12 h. The financing currently provided under S :ate law for such retrofit programs cannot be arranged. 15 . Frior to the sale of the first dwelling unit within the proje,t, the owner shall provide to t%e Department of Development_ Services and to each purchaser , •i copy of the State of California Department o- Real state Form 639 , indicating the project' s condition. If for any rea- son such form is not required by the Department of Real Estate, such form shall , nevertheless , be prc-sided to the Department of Development Services and to each purchaser. 16. Following the final approval of the condominium conversion by the De- partment of Rea'_ :state, the owner will implement a tenant relocation and moving expense program for tenants who choose not to purchase their units, is provided in this section : a . The owner will make available to each qualified tenant, as defined; at no cost to the tenant , a current and complete lest of comparable vacant and available rental units within a five mile radius of the Iuntington Nest; b. The owner will pay, on the date not less than thirty ( 30) da.yr before the qualified tenant is ordered to vacate the premises, a relocation assistance equivalent to one month' s current rent . Such relocation assistance payment shall be to assist the tenant in relocating his or her place of. residence. The owner will reimburse the tenant for actual moving expenses , up to a maximum of $500, except that no such maximum amount will apply for actual moving expenses within California incurred by i elderl;,, disabled, or handicapped tenants , as defined. d. "Qualified tenant" , as used here`.n, means those households, or other parties who rent or lease a unit both on the date the ap- plication to convert the Huntington West was approved by the City of Huntington Beach, and on the date on which the owner gale notice to vacate the premises for purposes of converting the af- fected units to condominiums . i. "Elderly, handicapped , or disabled tenant" , as used herein, shall refer to any tenant ..ieeting the definition of Section 50072 of the State Health and Safety Code . ii. Any person , household , or other party who .rents or leases a unit after the application to convert the Huntington West was approved by the City of Huntington Beach will be given notice thereof and will not be entitled to relocation assis- tance or moving expenses. iii. Any tenant qualified for the benefits set forth herein shall riot be entitled to said benefits if said tenant purchases a converted condominium unit. K. B. Plan tiny Cam.,ti.ssxon S March 15, 1983 Page 13 j iv. Any tenant who has given notice of his or her intent.i.on to vacate the premises piror to the date of the mailing of the Notice to Quit, as provider' by Government Code Section 66427 .1, shall not be entitled to the benefits set forth herein. v. ahe benefits set f^rth herein shall inure to all qualified tenants who are not in default of their obligations to pay rent on or aft4r the date of final approval of the conver- sion by the California Department of Rea Estate . If the tenant is in default of his or her obligation to pay rent at the t ne specified , the relocation assistance payment will be reduced by an amount equal to one-thirtieth (1/30) of the monthly ~ 7t for each day the tenant remains in pos- session of the � .-emises after the default. For purposes of this program, , tenant will not be considered in default of rent payment dur:_ng a period for which a tenant has piopaid the regnired rent. e. In the event a unit is occupied by a subtenant under an agreement with the tenant, the moving expense reimbursement or relocatei-in assistance provided erein will be paid pioportionat:ely to both parties , not to exceed the maximum amounts specified in Parts 1 and 2 . llil.h respect to the paynenL of moving eypenses, such payment (s) will be made in relat� on to the actu:,i casts of moving the property of each party. f. From the date of final approval by tht City until the sale of the final unit, the rental increases shall not exceed the consumer price index. q. The owner shall inform all tenants presently located in units which are to be demolished . of their right to relocate into another available unit within the project. 17 . Tenants who occupy units within the existing apartment complex shall : a. Be provided notification that the owner has received approval from the City to convert the existing complex to condominiums. The property owner shall also prolride to the tenant, a list of the conditions of approval . b. Following the date on which the City grants discretionary appro- val if Conditional Use Permit 82-31 and Tentative Tract 1187.9 , the owner of the Huntington West shall provide notice to each prospective tenant that a condominium conversion has been approved for the Huntington West and that no relocation or moving expense -� reimbursements, will be paid to tenants who begin their tenancy on l or after said date. The signature of each tenant which term is defined for . purpcses of this section as "head of household" , shall be obtained from 3ach prospective tenant to indicate his or her understanding of the provisions of this condition. A copy of the signed and dated notice shall be transmitted to the Director. of B. Planning Cormmissi / ; March 15, 1983 Page 19 the Do -artment of Development Services s.,ithin 30 days of its com- pletion. 18 . Seventy-five ( 75 ) percent of the 245 condominiums , or 184 units, shall be made available for purchase by persons or families of low or moderate income , as follows : a. For purposes of this condition , the- term "person or families of low inconic" shall be defined as one which earns 80 percent or less of the median income as established by the United States Depart- ment of Housing and Community Devel.op.:aen t for the standard metro- politan statistical area within which the proposed development is located , as adjusted for the number of members of the household. The term "persons or familiea of moderate income" is defined as one which earns 80 . 1 percent to 120 por.cent of the median income, as established herein. b. The determination that a tenant, as defined, constitutes a person or family of .Low or moderate income shell be made by the City of Huntington Beach or its designee. In no event shall the owner of the Huntington West be required to make said determination , except that the owner may maintain .nd annually transmit to the City of Huntington Beach or its designee a listing of tenants who have expressed an interest in purchasing their_ unit or a comparavle unit . a c . The 184 condominiums affected by this condition shall. be priced for qualified individuals in equal proportion to correspond to the spectrum of the low/moderate incomme range , from 80 percent to 120 percent of median income , as defined . '1'cti►enty ( 20) percent of the 184 condominiums , or 37 units , shall be offered for pur- chase on the basis of 80 percent. of median income; 20 percent or 37 units, shall be offered for purchase on the basis of 90 percent of median income; 20 percent, or 37 units (because of rounding) , shall be offered on the basis of 100 percent of median income; , 10 percent or 37 units , shall be offered on the basis of 110 per- cent of median income ; 20 percent , or. 37 units, shall be offered on the basis of 120 percent of median income. The formula for pricing shall be calculated as follows : Purchaser ' s Prevailing _ ( Homeowners Assoc . ] sales Income '� Lending Factor [ Fees Price' Real Estate Tax % + Debt Service Constant 8 d . The 184 condominiums identif.-ind herein shall first be offered for sale to tenants who reside at Huntington West, are not in default on their rent or lease payments, and have not given notice of an intentiori to move from the premises on the date on which the City of Iuntington Beach grants discretionary approval to Conditional. H .B . Planning Commiss, March 15, 1983 Page 15 � Use Permit No . 82-31 and Tentative Tract No. 11879 . Th-: list may identify tenants who have expressed an interest to purchase their unit or a comparable unit. e. The owner shall prepare and maintain a list of tenants who qualify pursuant to Section M . The list shall be filed with the Director of the Department of Development Services within 30 days of the date of discretionary approval of. Conditional Use Permit No. 82-31 and Tentative Tract No . 11879. The list may identify tenants who have expressed an i %ter.est to purchase their unit or a comparable unit. f . No later than 10 working days after the Department of heal Estate grants final approval. of the condominium conversion, the owner shall , consistent with Government Code Section 66427 . 1. (d) , pro- vide notice to all tenants of their respective right to purchase their or a comparable unit. Tenant:: who qualify pursuant to sub- section (a) shall ii, addition be notified of their opportunity to purchase their unit, or a comparable unit as available, at prices as provided in subsection (c) . The term of the offer to purchase, as provided herein, shall be for 90 days after notice is given, as provided by Government Code Section G6427 . 2, however, that a prospective purchaser who otherwise qualifies pursuant to this condition may request in writing , a one-time 45-daY extension to complete his or her good faith intention to purchase a unit. g. Tenants who express an interest in purchasing their or a comparable unit prior to the date on which the City grants discretionary ap- proval to Conditional Use Permit No . 82-31 and Tentative Tract No. 11879 shall be provided the first opportunity to purchase said unit, pursuant tc subsection (c) . If all of the available units in one of the categories identified in subsection (c) are commited for sale to tenants, then any tenant who subsequently expresses an interest in purchasing their or a comparable unit shall be provided the first opportunity to purchase a unit in the next higher applicable category. h. Following the close of the period specified in subsection (f) , any of the units within the price categories established by sub- section (c) , which have not been sold to qualified tenants ,- will be offered for purchase at the same respective price to the City of Huntington Beach or its designee for a period of 90 days. The City or its designee may, in writing , request the same exten- sion of time as provided in subsection (f) , and such request snall not be unreasonably withheld. If the City or its designee does not purchase said units during said period , then the units shall be .available ►-.o the owner for sale without restriction as to price. 19 . All recreational facilities included in the owner ' s proposal for site Improvements (e.g. , passive and active recreational amenities on parking structures, two new swimming pools and new passive recreational areas) shall be installed prior to conveyance of the first unit . H. Planning Commi ss MO rch 15, 1983 Page 16 / 20. The applicant shall submit a phasing schedule to the Department of Development Services prior to the issuance of building permits. The phasing schedule shall establish specific time frames for the develop- ment phases described on Page 11 of the applicantic 'letter dated I ' . November 16, 1982. The applicant shall provide for lighting, fencing and 29--hour security of all demolition, construction and storage sites. CONDITIONS OF APPROVAL FOR TENTATIVE TNACT NO. 1.1.879 : 1 . The owner shall provide certification to the City of. Huntin,;ton Beach Department of Development Services that all applicable notices and rights required under the Subdivision A;ap Act have been adhered to; including but riot limited to : a. A copy of the notification of intent ':o convert sent to tenants 60 days prior to the filing of the tentative map. b. A copy of the notification sent to teinants that an application for a public report has been submitted to the Department of Real Estate. c. A copy of the notification sent to tenants that a final main has been approved. 'd. A copy of the notice to convert given to tenants 180 days prior to termination o. tenancy. e. A copy of the notification given to tenants informing them of their 90 day exclusive right to purchase period . f. The final Department of Real Estate Public Report . g. Notice to each prospective tenant subsequent to approval of the condominium conversion by the Department of Real Estate that a condominium conversion has been approved for the Huntington. West and that no relocation or moving expense reimbursements will be paid to tenants who begin their tenancy on or after said date. ' 20' Approval of Tentative Tract No. 11879 shall be contingent upon appro- val of Zone Change No. 83-1, by the Huntington Beach City Council. If the City Council does not approve Zone Change No. 83-1 , the Plan -ning . Commi.ssion ' s conditional approval of Tentative Tract No. 11879 nhall become null and void. 30' The -tentative tract map received and dated March 15, 1983 , shall be the approved la out. , ,The : internaJ. layout of the water sy9tern in the existing project shall b* mWified in a manner acceptable to the. Department of Public 'Works. �Higgi' Livengaod, Winchell , Porter, Erskine, Schumacher, MirJifiongir ;.S r ,ti t r � ii , 'PUBIJ3 AAV/ 7 • ' Publish 3/24183 NOTICE OF PUBLIC NEARING i APPEAL TO PC APPROVAL ! OF T.T. #11879 & CUP # 92-31 1 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center. Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter ab, I poss�i bl a on Monday the 4th day of April 1983 for the purpose of considering an appeal filed by Councilman Ron Pattinson to f the Planning Commission's approval of Conditional Use Permit No. 82-31 and Tentative Tract No, 11879, a request to convert an existing 286 unit apartment complex to a 1 245 unit planned residential development on property located at the northwest corner of Warner Avenue and Edwards Street in the R3 (Medium High Density Residential ) District. I A legal description is on file in the Department of Development Services. � 1 f All interested persons are invited to attend said hearing and express their , 9 P � Opinions for or against said Appeal Further inforration may be obtained from the Office of the City Clerk, '2000 Main Street, Huntington Beach, California. 92648 (714) 536-6227 CITY of HUNTINGTON BEACI. By: Alicia M. Wentworth -City Clerk J NOTICE TO CLERK TO SCHE:"JLE PUBLIC HEARING ITEM APPEAL TO TT 11679 & C.U. P. 82-31 TO: CITY CLERK' S OFFICE DATE: March 21 , 1983 FROM: Jamess_W- Patin PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE 4 th DAY OF Apr i 1 1993, AP' s are attached AP' s will follow x No AP' s Initiated by: Planning Conm:ission Planning Department Petition Appeal }; Other Adoption o: F -•.ro mental Status W YES NO Refer• to James R. Burnes Planning Department - Extensicm 5271 for additions infor-nation. If appeal , please transmit exact wording to be required in the legal . r y LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTI E IS a REBY GIVEN that a public hearing will be held by the Cit _ wan of the City of Huntington Beach, California, for the purpose of considering an appeal to the Planning Comn:issicn' s approval of Conditional Use Permit No. 82-31 and Tentative Tract No . 11879 , a request to convert an existing 286 unit apartment complex to a 245-unit planned residential development on property locate) at the northwest corner of Warner Avenue and Edwards Street in the R3 (Medium High Density Residential ) District. A legal description is on file in the Department of Development Services , i i Said hearing will be held at the hour of 7:30 F .M. , on Monday, April 4 , 1983 , in the Council Chambers Building of the Civic Center, 2000 Main Street, Huntington. Beach, California. All interested persons are invited to attend said hearing and express their opinions to or against the proposed Conditional Use Permit 8 2--31 and Tentative Tract 11879 . Further information may be obtained from the City Planning Department. Telephone No. (714) 536-5271 DATED this day of CITY wwj COU?iC I L 1 By t � ,xi, rr♦{ � jp'�'�r i ♦ ,,.. 1` r f' r1j. 1 t ,�• y r• 1 ♦, r 1'i+, 7' It I�al�. ,Y�; 1���•,1 1, r -���'• �,� 'Ii �', r.Jt•ft • 011 l lt. ♦ ,I�r � 'S' •!+!� + i �, �t� t�; t S\ {'•i!r(rs:' L,I'i'11',� , i• ,'•,� j ca -c"r fir' / �L.ER , ;�- r } Ki'':bIXBY i R 'i�f�LLpi' OAw; 2` 1ELDS OAS;'. t' �', 1� e.XARTE RD . 0207 �VIIMittlN K.1. ':, T Tom BCM, .. ,tk1!'`1 .01Q!r� l•f�4� i RC$9R T W. 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