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HomeMy WebLinkAboutCity Council - 5389 RESOLUTION NO. 5389 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AMENDMENT NO. 1 TO THE HUNTINGTON HARBOUR BAY CLUB SPECIFIC PLAN WHEREAS the California Coastal Commission has suggested � gg modifications to the Huntington Harbour Bay Club Specific Plan to conform the zoning of the Huntington Beach Coastal Land Use Plan to the California Coastal Act; and After notice duly given pursuant to Government Code sec- tion 65500, the Planning Commission of the City of Huntington Beach held a public hearing on June 6, 1984 to consider pro- posed Amendment No. 1 to the Huntington Harbour Bay Club Specific Plan, and such amendment was recommended to the City Council • and The City Council, after giving notice as prescribed by law, held at least one public hearing on proposed Amendment No. 1 to the Huntington Harbour Bay Club Specific Plan, and the Council finds the proposed modifications to such specific plan necessary in order to conform zoning in the Huntington Beach Coastal Land Use Plan to the requirements of the California Coastal Act , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that Huntington Harbour Bay Club Specific Plan, attached hereto as Exhibit A, and Amendment No. 1 containing the zoning modifications set forth in Attachment 1 hereof, incorporated herein by reference, are hereby adopted. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd RCS:ahb 6/6/84 1. day of July 1984 . ATTEST: APPROVED AS TO FORM: =2L:w�0, - J Ci y C erk City Yttorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrato irectorlof Development Services 2. Amendment 1 The HUNTINGTON HARBOUR BAY CLUB SPECIFIC PLAN shall be modified as follows: A. Section XII Access (p. 13) shall be modified to require lateral access dedications as follows: As a condition of new development, the applicant shall cause to be executed and recorded a document, in a form and content approved by the Director of Development Services, irrevocably offering to dedicate an easement for public access and passive recreation along the shoreline and the beach. The easement shall be for the length of the property. Along the bulkhead it shall be measured from the inland edge of the bulkhead a distance of 10 feet and the applicant shall provide a walkway within the easement area. On the beach the easement shall include the entire sandy beach area between the existing development and mean high tide line. The easement shall not be located closer than 5 feet to an existing structure. The easement shall be recorded free of prior liens except for tax liens and free of prior encumbrances which the Director determines may affect the interest being conveyed. The offer shall run with the land, binding successors and assigns of the applicant or landowner. The offer of dedication shall be irrevocable for a period of 21 years, such period to run from the date of recording. Prior to issuance of any permit for development, the applicant shall record a document such as a covenant running with the land agreeing for himself and all successors in interest to maintain and otherwise keep open and free from impediments to pedestrian use the accessway along the boardwalk, beach area, and parking. The document shall be recorded free of all prior liens or encumbrances except tax liens and shall bind the applicant, his heirs and successors in interest. B. The Specific Plan Section XII Access shall be modified to require that no facilities or activities shall be permitted within the easement area which could obstruct public access. C. Section XII Access shall require that as a condition of development the applicant shall provide signing of all public accessways, recreation facilities and parking. D. Section XII Access shall be modified to require that as a condition of development the applicant shall execute and record a deed restriction allowing public use of all recreation facilities onsite (excluding private open space area of the residential units) and restricting and signing a minimum of 10 parking spaces for public beach use. Amendment 1 Page 2 E. Section XII Access shall require that access dedications, deed restrictions, and signing are assured prior to issuance of certificates of use and/or occupancy of the residential structures. F. Section XIV Development Standards shall be modified as follows : In Area A (p. 14) beaches shall be a permitted use. Standards shall prohibit development of structures within easements over the sandy beach. G. As a condition of a Coastal permit on this site , the applicant shall be required to open and maintain accessways and facilities for public use concurrent or prior to issuance of certificates of use and/or occupancy permits of any residential structure. H. Add to page 8 under A, Conditional Use Permit. Prior to the transmittal of a permit, the applicant shall submit to the Director of Development Services a determination from the State Lands Commission that: a) No state lands and/or lands subject to the public trust are involved in the development and all necessary authorizations required by the State Lands Commission have been obtained; or b) State lands and/or lands subject to the public trust are involved in the development and all necessary authorizations required by the State Lands Commission have been obtained; or c) State lands or lands subject to the public trust may be involved in the development, but pending a final determination agreement has been made with the State Lands Commission for the project to proceed without prejudice to that determination. 0748d Res. No. 5389 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 2nd day of July 1984 by the following voter AYES: Councilmen: Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic NOES: Councilmen: -None ABSENT: Councilmen: Thomas City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California