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Home My WebLink AboutCity Council - 2004-73 RESOLUTION NO. 2 0 0 4-7 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, WHICH ACKNOWLEDGES RECEIPT OF THE COASTAL COMMISSION ACTION AND ACCEPTS AND AGREES TO LOCAL COASTAL PROGRAM AMENDMENT NO. 1-03 AS MODIFIED WHEREAS, the California Coastal Commission reviewed and approved Huntington Beach Local Coastal Program Amendment No. 1-03 as modified at the June 10, 2004 Coastal Commission hearing; and Section 13537 of the Coastal Commission Regulations requires the local government to accept and agree to the modification by resolution within,six (6) months, or the certification will expire; and Upon the City Council action staff will forward Resolution No. 2()C)4_7 3 for final Coastal Commission certification, NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the City Council accepts and agrees to the Coastal Commission's approval of Local Coastal Program Amendment 1-03 by modifying Huntington Beach Zoning and Subdivision Ordinance Sections 230.96, 231.04, 231.18 and 254.08 as suggested by the Coastal Commission in the letter dated July 26, 2004, attached hereto as Exhibit "A"and incorporated by this reference as though fully set forth herein. Said suggested modification shall become effective 30 days after adoption of Resolution No.200.4,3pr upon final Coastal Commission certification, whichever occurs latest. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of September , 200 4 ar REVIEWED AND APPROVED: A PROVED AS TO FORM: 'City Adrninistrator Attorney It fi is(04( INIT TED AND APPROVED- Di ctor of Planning 04resolLU 1-03 �SCso�c�-rr o,v doo 5<- F3 STATE OF CALIFORNIA-THE RESOURCES AGENCY Amold 5chwarzennegger, Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate,Suite 1000 Long Beach,CA 90802-4302 (562)590-5071 July 26, 2004 Howard Zelefsky, Director of Planning City of Huntington Beach 2000 Main Street 2 cl 2r?94. Huntington Beach, CA 92648 Re: Huntington Beach Local Coastal Program (LCP) Major Amendment No. 1-03. Dear Mr. Zele€sky: You are hereby notified that the California Coastal Commission, at its June 10, 2004 meeting in San Pedro, approved City of Huntington Beach LCP Amendment No. 1-03 with modifications. Local Coastal Program (LCP) Amendment No. 1-03, contained in City Council Resolution No. 2003-34, included a total of 10 changes including one change to the LUP, three zoning map amendments (none located in the coastal zone), and six zoning text amendments. Thus, both the Land Use Plan (LUP) and.the LCP Implementing Ordinances (LIP) portions of the certified LCP are affected by this amendment. The Commission approved the LCP amendment with suggested modifications. Therefore, LCP Amendment No. 1-03 will not be effective for implementation in the City's coastal zone until:. 1) the Huntington Beach City Council adopts the Commission's suggested modifications, 2) the City Council forwards the adopted suggested modifications to the Commission by resolution, and, 3) the Executive Director certifies that the City has complied with the Commission's June 10, 2004 action. The Coastal Act requires that the City's adoption of the suggested modifications be completed within six months of the Commission's June 10, 2004 action. Pursuant to the Commission's action on June 10, 2004, certification of City of Huntington Beach LCP Amendment No. 1-03 is subject to the attached suggested modifications: Thank you for your cooperation and we look forward to working with you and your staff in the future. Please call Meg Vaughn or myself at (562) 590-5071 if you have any questions regarding the modifications required for effective certification of City,of Huntington Beach LCP Amendment No. 1-03. Sincerely, Teresa Henry District Manager cc: Mary Beth Broeren, Senior Planner Jason Kelley, Assistant Planner HNB LCPA 1-03 pst act Itr 7,26.04 my ,T TE OF CALIFORNIA-THF RESOURCES AGENCY 6mold Sch!Wen ear-l"invernnr CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate,Suite 1000 Long Beach,CA 90802-4302 (562)590-5071 June 8, 2004 HUNTINGTON BEACH LCP AMENDMENT 1-03 ADDENDUM: REVISED SUGGESTED MODIFICATIONS II. SUGGESTED MODIFICATIONS Certification of City of Huntington Beach LCP Amendment Request No. 1-03 is subject to the following modifications. The City's existing language is shown in plain text. The City's proposed language is shown in bold text. The Commission's suggested modifications are shown in bold, italic, underlined text. SUGGESTED MODIFICATION NO. 1 City Zoning Text Amendment 02-1 Add to Section 230.96 Wireless Communication Facilities F. Site Selection 5. ftniftcant adverse impacts to public visual resources shall be minimized by incorporating one or more of the following into project design and construction: a. Co-locating antennas on one structure; b. Stealth installations; c. Locating facilities within existing building envelopes; d. Minimizing visual prominence through colorization or lan_dscaWng: e. Removal of facilities that become obsolete. 6. Wireless communication facilities affecting the public viewshed and/or located in areas designated water Recreation. Conservation. Parks, and Shoreline shall be removed within six (6) months of termination of use and the site restored to its natural state. jI�---SvatvQA' -Aooef-73 Huntington Beach LCPA 1-03 Revised Suggested Modifications Page 2 of 4 SUGGESTED MODIFICATION NO. 2 City Zoning Text Amendment:01 Add to Chapter 231 Off-Street Parking and Loading Provision Section-231.04 Off-Street Parking and Loading Spaces Required C. The Director may allow a parking reduction for a change of use if the increase in the required parking is not more than five (5) spaces. The change of use request must be on a site with two or more uses, have a minimum of 50 existing parking spaces and provide an upgrade of existing landscaping. This same reduction may be considered for uses complying with State Handicap Regulations as mandated by State Law and applicable to parking requirements. This provision shall not apply to a2glicatfons for development within the coastal zone that necessitate a coastal development permit. SUGGESTED MODIFICATION NO. 3. City Zoning Text Amendment 01-4 Add the following language to Chapter 231.18 Design Standards: 231.18 D. Residential parking 7. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: 1) Fire Department approval for location and emergency entry. 2) Postmaster approval of location.for mail boxes or entry for . postal carrier.' 3) Shall provide a driveway within a minimum of twenty`(20) feet for vehicle stacking. 4) No adverse impacts to public coastal access, including changes in the intensity of use of water, or of access thereto, shall result from installation of the privacy pates. 1�ESoL1 7a,J AOoi -73 Huntington Beach LCPA 1-03 E'4W1 17- 'W" Revised Suggested Modifications Page 3 of 4 231.18 E. Non-residential Parking and Loading 1. Parking controls: Parking controls, such as valet service, or booths, and/or collection of fees may permitted when authorized by conditional use permit approval by the Planning Commission. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: 41) Fire Department approval for location and emergency entry. 92) Postmaster approval of location for mail boxes or entry for postal carrier. 63) Shall provide a driveway with a minimum of twenty (20) feet for vehicle stacking. 4) No adverse impacts to public coastal access, including changes in the intensity of use of water, or of access thereto, shall result from installation of the orivacv gates. SUGGESTED MODIFICATION NO. 4 City Zoning Text Amendment 01-2 Add to Section 254.08 Parkland Dedication O. Exemptions. The following development shall be exempt from the payment of fees pursuant to this Section: 1. Development of real property into housing units that are either rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost" as defined in Section 50052.5 of the California Health and safety Code when providedto a "lower income household" as defined in Section 50079.5.of the California Health.and safety Code or "very low income household" as defined in Section 50105 of the California Health and Safety Code, and provided that the applicant executes an agreement, in the form of a deed restriction, second trust deed, or other legally binding and enforceable document acceptable to the City Attorney and binding on the owner and any successor•-in-interest to the real property being developed, guaranteeing that all of the units on the real property shall be maintained for lower and very low income households, whether as units for rent or for sale or transfer, for the lesser of a period of thirty years or the actual life or existence of the structure, including any addition, renovation or remodeling thereto. ��soucr7a.� �oa5�-�3 Huntington Beach LCPA 1-03 `�`�� 4V' v Revised Suggested Modifications Page 4of4 2. Subdivision of a 50-foot wide parcel into two lots provided that the parcel has been held under common ownership for a minimum of five consecutive years. 3. Exemptions pursuant to sections 9 or 2 above shall only be-granted when the following hndins can be made: i. The proiect meets the minimum on-site private and common open space requirements: or H. The exemption will not individuafly or cumulatively result in adverse impacts to pubfic recreational opportunities in the coastal zone; and ifi. The exemption will not individually or cumulatively lead to overcrowding or overuse of public facilities by the public in any sinfe area in the coastal zone. HNB LCPA 1-03 adders rvsd sugmods 6.04 my Res. No. 2004-73 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN FLYNN, the duly appointed, 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 at least a majority of all the members of said City Council at an regular meeting thereof held on the 20th day of September, 2004 by the following vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman NOES: None ABSENT: Cook, (Vacant Position Unfilled) ABSTAIN: None Vy Clerk and ex-officy Clerk of the City Council of the City of Huntington Beach, California