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Home My WebLink AboutCity Council - 2008-32 RESOLUTION NO 2008-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE LOCAL COASTAL PROGRAM BY AMENDING THE COASTAL ELEMENT WHEREAS, pursuant to State Planning and Zoning Law, the City Council of the City of Huntington Beach has held a public hearing relative to Local Coastal Program Amendment No 1- 06 wherein all information presented at said hearing was carefully considered, and after due consideration of the findings and all evidence presented to the City Council, the City Council found that such amendment to the Coastal Element was proper, and consistent with the Huntington Beach General Plan and Huntington Beach Local CoasfProgram, and Pursuant to the California Coastal Act, Local Coastal Program Amendment No 1-06 was referred to the Coastal Commission for its consideration and certification, and The Coastal Commission has certified Local Coastal Program Amendment No 1-06 with suggested modifications, and The City Council wishes to accept and approve said modification in accordance with the provisions of the California Coastal Act, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows SECTION 1 The proposed amendment to the Local Coastal Program Amendment No 1-06 consisting of proposed modifications to the Coastal Element as identified on the attached Exhibit A and incorporated by this reference as though fully set forth herein, is hereby adopted and approved PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16 th day of June , 2008 4 Mayor REVIE E ND APPROVED INITIAT D A D APPROVED f City Admimstrat Planm g Director APPROVED AS TO FORM 4Attorney t - S 36 08 1640/22938 Exhibit A - Resolution No 2008 32 EXri I IBIT A l F I i 2 3 7F Exhibit A - Resolution No 2008 32 If SUGGESTED MODIFICATIONS Certification of City of Huntington Beach LCP Amendment Request No 1-06 is subject to the following modifications The City s existing language is shown in plain text The City s proposed additions are shown in bold text The City s proposed deletions are shown in plain te)d strike eu The Commission staffs original (November 2007) suggested additions are shown in bold, italic, underlined text The Commission staffs original (November 2007) suggested deletions are show in belt; Additions to the November 2007 staff recommendation made by the Commission at the public hearing are shown in bold, italic, double underlined text Deletions to the November 2007 staff recommendation made by the Commission at the public hearing are shown in Flafirm, CIO••hfa •Inch,-,-ed. dot vhfa a ake eiit fe)f Staff Note Three corrections are made where due to typos existing certified LUP language was left out The corrections are 1) replacing the word "residential" in suggested modification No 1 2) replacing the sub-section Public in the table in suggested modification No 2 and 3) inserting the hyphen in the land use category titles Exhibit A - Resolution No 2008 32 Adopted Findings (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 5 Open Space— Conservation and Open Space — Parks throughout LAND USE PLAN SUGGESTED MODIFICATIONS SUGGESTED MODIFICATION NO 1 Sub-Area Descriptions and Land Use Plan The City s certified and proposed Land Use Plan (LUP) language on page IV-C-11 under the heading Zone 2 —Bolsa Chica shall be modified as follows Existing Land Uses Inland (Pacific Coast Highway and areas north to the Coastal Zone boundary ) The majority of Zone 2 the Bolsa Chica is located outside the City s corporate boundary within the County of Orange The area is in the City's Sphere of Influence A A4- 50 acre area between io&4kWas the residential development along Kenilworth Drive and the East Garden Grove Wintersburg Flood Control Channel is vacant includes a small section of the Bolsa Chica bluffs Coastal (Seaward of Pacific Coast Highway) Coastal Element Land Use Plan Inland (Pacific Coast Highway and areas north to the Coastal Zone boundary ) The Coastal Element does not present a land use plan for the Bolsa Chica The land area north of the Bolsa Chica within the City s corporate and Coastal Zone boundaries is built out consistent with its Coastal Element designation of low density residential The area west of the Bolsa Chica is also developed consistent with the Coastal Element Land Use designation of low density residential and multi-family residential ne)d to the Winter-sburg Flood Control Channel retains its existing designation as an 'AFea, of Deferred GeFtifiGation Prior to development of the site an amendment to the City 6 LOGal Coastal Program will be required subjeGt tO Geastal Gemmission appFaval the amendment would take effeGt UPOR Commission GeFtifiGatien Portions of this zone are Coastal Element land use de,Sj�. fiqq (Low DensitvResidential) and OS P (Open C aGe Park) /n ddition wnnrwrm +toly BeaGh Thts area #s desiqnated RL-7-(Low Dens;tv Residential) and 0S-G (Open aGe— Consen— yen) Exhibit A - Resolution No 2008 32 Adopted Findings (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 6 The fifty(50) acre area Oncludin_g the 5 acre area annexed by the City in 2004) adjacent to and immediatelV north of the East Garden GroveMtntersbur_g Flood Control Channel and adjacent to and immediately west of Graham Street is land use deswated Residential and Open Space— Conservation (See Figure C-6a) There are wetlands, a Eucalyptus Grove that is an Environmentally Sensitive Habitat Area because it provides important raptor habitat, and buffer areas�W at this site These areas are designated Open Space— Conservation The Wintersburg Channel BikewaV is identified at this site on the north levee of the flood control channel in the Commuter Bikeways Strategic Plan, which is the regional bikeways plan for Orange County(See page IV-C-49 and bgure C-14) SUGGESTED MODIFICATION No 2 The table titled Zone 2 — Land Use Designations on page IV-C-11, shall be modified as follows Zone 2 — Land Use Designations Residential RL-T or RM or RH Open Space OS-P OS-S OS-C Public P White 1 {elegy AFea of Deferred GeFtiftatiGn Zone 2 — Specific Plan Areas None Zone 2 —General Plan Overlays 4G 4J 4K SUGGESTED MODIFICATION NO 3 Figure C-6 of the City s Land Use Plan shall be modified to reflect the change in the City s corporate boundary and to accurately reflect the correct areas of the certified land use designations (Residential and Open Space Conservation)for the area SUGGESTED MODIFICATION NO 4 New Figure C-6a shall be added to the City s Land Use Plan which shall be a land use plan of the Parkside site and shall depict the approved land use designations on the site as shown on 4tn revised exhibit NN Exhibit A - Resolution No 2008 32 Adopted Findings (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 7 SUGGESTED MODIFICATION NO 5 Add new subarea 4-K to table C-2 (Community District and Subarea Schedule) as depicted below Subarea Characteristic Standards and Prtncr les 4-K Permitted!Uses Categories Residential(R-L or R-M) Open Space Conservation (OS-C) See Figure C-6a Densityllntensrty Residential Maximum of fifteen (15) dwelling units per acre Design and See Figure C-6a Development A development plan for this area shall concentrate and cluster residential units in the agdheastern portion of the site and include, consistent with the land use designations and Coastal Element policies, the following required information (all required information must be prepared or updated no more than one year prior to submittal of a coastal development permit apphcation) 1 A Pubhc Access Plan, including, but not limited to the following features ❖ Class I Bikeway(paved off-road bikeway, for use by bicyclists, walkers,joggers, roller skaters, and strollers) along the north levee of the flood control channel If a wall between residential development and the Bikeway is allowed it shall include desr_gn features such as landscaped screening, non-linear footprint, decorative desr_gn elements and/or other features to soften the visual impact as viewed from the Bikeway ❖ Public vista point with views toward the Bolsa Chica and ocean consistent with Coastal Element policies C 4 13, C 4 2 1, and C423 ❖ All streets shall be un_gated, public streets available to the_general public for parktn_g, vehicular 12edestrian, and bic cle access Exhibit A - Resolution No 2008 32 Adopted Findings (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 8 All public entry controls (e g gates, gate/quard houses, _guards, signage, etc) and restrictions on use by the general public (e q preferential parking districts, resident-only parking periods/permits, etc ) associated with any streets or parkin_q areas shall be prohibited ❖ Public access trails to the Class I Bikeway, open space and to and within the subdivision, connecting with trails to the Bolsa Chica area and beach beyond ❖ Public access si_gnage ❖ When privacy walls associated with residential development are located adjacent to public areas they shall be placed on the pr®vate property, and visual impacts created by the walls shall be minimized through measures such as open fenctn_g/wall design, landscaped screening, use of an undulating or off-set wall footprint, or decorative wall features (such as artistic imprints, etc ), or a combination of these measures 2 Habitat Management Plan_ for all ESHA, wetland, and buffer areas designated®pen Space- Conservation that provides for their restoration and perpetual conservation and management Issues to be addressed include, but are not limited to, methods to assure continuance of a water source to feed all wetland areas, enhancement of habitats and required buffer areas restoration and enhancement of wetlands and environmentally sensitive habitats and required buffer areas, and fuel modification requirements to address fire hazard and avoid disruption of habitat values in buffers 3 Archaeological Research Design consistent with Policies C5 9 9, C5 12, C5 ' 3, C5 14, and C5 15 of this Coastal Element 4 Water Quahty Management Program consistent with the Water and Marine Resources policies of this Coastal Element If development of the 2arcel creates Exhibit A - Resolution No 2008 32 Adopted Findings (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 9 significant amounts of directly connected impervious surface (more than 10%) or increases the volume and velocity of runoff from the site to ad acent coastal waters, the development shall include a treatment control BMP or suite of BMPs that well eliminate, or minimize to the maximum extent practicable, dry weather flow_generated by site development to adjacent coastal waters and treat runoff from at least the 85 th percentile storm event based on the design criteria of the Cahfornoa Association of Stormwater Agencies (CASQA) BMP handbooks, with at least a 24 hour detention time Natural Treatment Systems such as wetland detention systems are preferred since they provide additional habitat benefits, rehability and aesthetic values 5 Pest Management Plan that, at a minimum, prohibits the use of rodenticides and restricts the use of pesticides, and herbicides in outdoor areas, except necessary Vector Control conducted by the City or County 6 Landscape Plan for non-Open Space Conservation areas that prohibits the planting, naturalization, or persistence of invasive plants, and encourages low- water use plants, and plants pnmarely native to coastal Orange County 7 Biological Assessment of the entire site 8 Wetland delineation of the entire site 9 Domestic animal control plan that details methods to be used to prevent pets from entering the Open Space- Conservation areas Methods to be used include but are not limited to, appropriate fencing and barrier plantings 90 Hazard Mitigation and Flood Protection Plan, including but not hmited to, the following features ❖ Demonstration that site hazards including flood and hguefaction hazards are mito ated Exhibit A - Resolution No 2008 32 Adopted Findings (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 10 ❖ Mintmizatton/mitigation of flood hazard shall include the placement of a FEMA- certsfeable, vegetated flood protection levee that achieves hazard rmtsgation goals and is the most protective of coastal resources including wetland and ESHA, ❖ Assurance of the continuance, restoration and enhancement of the wetlands and ESHA Residential Residential development, including appurtenant development such as roads and private open space, is not allowed within any wetland, ESHA, or required buffer areas and area designated Open Space- Conservation Uses consistent with the Open Space-Parks desIgnateon are allowed in the residential area All development shall assure the continuance of the habitat value and function of preserved and restored wetlands and environmentally sensitive habitat areas within the area designated Open Space-Conservation Open Space-Conservation A Wetlands Only those uses described in Coastal Element Policy C 6.1 20 shall be allowed within existing and restored wetlands All development shall assure the continuance of the habitat value and function of wetlands Wetland Buffer Area A buffer area is required along the perimeter of wetlands to provide a separation between development impacts and habitat areas and to function as transitional habitat The buffer shall be of sufficient size to ensure the btolo_Mcal mte_grity and preservation of the wetland the buffer As designed to 12rotect Exhibit A - Resolution No 2008 32 Adopted Findings (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 11 A minimum buffer width of 100 feet shall be established Uses allowed within the wetland buffer are limited to 1) those uses allowed within wetlands per Coastal Element Pohcy C 61 20, 2) a vegetated flood protection levee is a potential allowable use if, due to siting and design constraints, location in the wetland buffer is unavoidable, and the levee is the most protective of coastal resources including wetland and ESHA, 3) No active park uses (e _q tot lots, playing fields, picnic tables, bake paths, etc ) shall be allowed within 100 feet of wetlands preserved in the Open Space Conservation area B Environmentally Sensitive Habitat Areas Only uses dependent on the resource shall be allowed _ EnvironmentaHV Sensitive Habitat Areas (ESHA) Buffer Areas variable width buffer area is required along the perimeter of the ESHA and is required to be of sufficient size to ensure the biological integrity and preservation of the ESHA the buffer is designed to protect A minimum buffer width of 297 to 650 fee shall be established between all residential development or active park use and raptor habitat within the eucalyptus _-groves Uses allowed within the ESHA buffer are limited to 1) uses dependent on the resource, 2) wetland and upland habitat restoration and management, 3) vegetated flood protection levee that is the most protective of coastal resources including wetland and ESHA Exhibit A - Resolution No 2008 32 Adopted Findings (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 12 4) within the northern grove ESHA buffer only— passive park use may be allowed if it is more than 150 feet from the ESHA, but only when it is outside all wetland and wetland buffer areas, and does not include any uses that would be disruptive to the ESHA Uses allowed within the passive park areas shall be limited to a) nature trails and benches for passive recreation, education, and nature study. b) habitat enhancement restoratjon, creation and management 5) within the southern drove ESHA buffer only- a water auahty Natural Treatment System may be allowed so long as it is located in an area that is most protective of coastal resources and at least 246 feet from the ESHA In addition to the reacared ESHA buffer described above, grading shall be prohibited within 500 feet of an occupied raptor nest during the breeding season (considered to be from February 15 through August 31), s {r, Ie n.i &-C Habitat Management Plan shall be prepared for al!areas delimnated®pen Space-Conservation which shall include restoration and enhancement of delineated wetlands, wetland and habitat mittgation, and establishment of appropriate buffers from development Exhibit A - Resolution No 2008 32 Adopted Findings (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 13 D Protective Fencing Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas SUGGESTED MODIFICATION No 6 On page IV-C-60 and IV-C-61 under the heading Visual Resources The Bolsa Chica Mesas revise to include visual resources within Parkside area as follows The northwestern side of the Bolsa Chica Ecological Reserve includes bluffs that rise to an upland area known as the Bolsa Chica Mesa These bluffs are primarily under the County s jurisdiction (only a small part of the bluff lies in the City) but are within the City s Sphere of Influence for potential future annexation The mesas constitute a significant scenic resource within the City s coastal Zone The 50 acre site (located west of and adiacent to Graham Street and north of and adjacent to the East Garden Grove Wintersburg Orange County flood Control Channel) known as the "Parkside"site affords an excellent opportunitV to provide a pubhc vista point A public vista point m this location would provide excellent public views toward the Bolsa Chica and ocean Use of the pubhc vista point will be enhanced with construction of the Class I bike path along the flood control channel and pubhc trails throughout the Parkside site SUGGESTED MODIFICATION NO 7 On page IV-C-70 add the following language in the first paragraph under the heading Environmentally Sensitive Habitats, to include reference to the wetland and Eucalyptus ESHA on the Parkside site The City s Coastal Element identifies two three"environmentally sensitive habitat areas within the City 1) the Huntington Beach wetland areas and 2)the California least tern nesting sanctuary, and 3) the wetlands and Eucalyptus ESHA on the Parkside site (See Figure C-21 for location of No 9 and 2) The Coastal Element includes policies to protect and enhance environmentally sensitive habitat areas in accordance with the Coastal Act Also on page IV-C-72 add the following new section describing the Eucalyptus ESHA and wetlands on the Parkside site after the paragraph titled California Least Tern Nesting Sanctuary Exhibit A - Resolution No 2008 32 Adopted Findings (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 14 Parkside Eucalyptus ESHA and Wetlands (See Fi_gure C 6a) Histoncally, this site was part of the extensive Bolsa Chica Wetlands system and was part of the Santa Ana River/Bolsa Chica complex In the late 1890s the Bolsa Chica Gun Club completed a dam with tide pates, which eliminated tidal influence, separating fresh water from salt water In the 1930s, agricultural ditches began to limit fresh water on the site, and in 1959, the East Garden Grove-Wintersburg Flood Control Channel isolated the site hydrologically Nevertheless, wetland areas remain present at the site There are existing and previously delineated wetlands, and areas that have been filled without authorization and are capable of being restored These areas as well as their buffer areas are designated Open Space- Conservation, and uses allowed within these areas are limited In addition, on the site's southwestern boundary, at the base of the bluff, is a line of Eucalyptus trees that continues offsite to the west These trees are used by raptors for nesting, roosting, and as a base from which to forage The trees within this "eucalyptus grove"within or adjacent to the subject site's western boundary constitute an environmentally sensitive habitat area (ESHA) due to the important ecosystem functions they provide to a suite of raptor species The Eucalyptus trees along the southern edge of the Bolsa Chica mesa are used for Perching, roosting, or nesting by at least 12 of the 17 species of raptors that are known to occur at Bolsa Chica Although it is known as the "eucalyptus _prove'; it also includes several palm trees and pine trees that are also used by raptors and herons None of the trees are part of a native plant community Nevertheless, this eucalyptus grove has been recognized as ESHA by multiple agencies since the late 1970's(USFWS, 1979, CDFG 1982, 1985) not because it is part of a native ecosystem, or because the trees in and of themselves warrant protection, but because of the important ecosystem functions it provides Some of the raptors known to use the grove include the white tailed kite, sharp-shinned hawk, Cooper's hawk, and osprey Many of these species are dependent on both the Bo/sa Chica wetlands and the nearby upland areas for their food These Eucalyptus trees were recognized as ESHA by the Coastal Commission prior to its 2006 certification of this section of this LCP, most recently in the context of the Coastal Commission's approval of the adjacent Bn_ghtwater development(coastal development permit 5-05-020) The Eucalyptus _grove in the northwest corner of the site, although separated from the rest of the trees by a gap of about 650 feet, provides the same types of ecological functions fienmeo6 as do the rest of the trees bordering the mesa At least ten species of raptors have been observed in this grove and Cooper's hawks, a California Species of Special Concern, nested there in 2005 and 2006 Due to the important ecosystem functions of providing perching, roosting and nesttnq opportunities for a variety of raptors, these trees also constitute ESHA These areas as well as their buffer areas are designated Open Space-Conservation, and uses allowed within these areas are limited Exhibit A - Resolution No 2008 32 Adopted Findings (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 15 The wetlands, Eucalyptus ESHA areas, and buffer areas are designated Open Space-Conservation to assure they are adequately protected SUGGESTED MODIFICATION NO 8 Add the following policy to the certified Land Use Plan on page IV-C-100 as new policy C 1 1 3a C113a The provision of public access and recreation benefits associated with private _development(such as but not limited to public access ways, publsc bike paths, habitat restoration and enhancement, etc ) shall be phased such that the public benefit(s) are in place prior to or concurrent with the private development but not later than occupation of any of the private development SUGGESTED MODIFICATION NO 9 Add the following policy to the certified Land Use Plan on page IV-C-105 as new policy C 247 C247 The streets of new residential subdivisions between the sea and the first public road shah be constructed and maintained as open to the _general publsc for vehicular, bicycle, and pedestrian access General public parking shall be provided on all streets throughout the entire subdivision Private entrance _-ggates and private streets shall be prohibited All public entry controls (e q pates, gate/guard houses, _guards, si_gnage, etc) and restrictions on use by the-general public (e_q preferential parking districts, resident-only parking er®ods/permits, etc ) associated with any streets or parking areas shall be prohibited SUGGESTED MODIFICATION NO 10 Modify the following existing LUP Water and Marine Resources policies as follows C 6 1 6 (modify third and fourth paragraph) The City shall require that new development and redevelopment as appropriate employ nonstructural Best Management Practices (BMPs) and structural BMPs designed to Exhibit A - Resolution No 2008 32 Adopted Findings (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 16 minimize the volume velocity and pollutant load of stormwater runoff prior to runoff discharge into stormwater conveyance systems receiving waters and/or other sensitive areas All development shall include effective site design and source control BMIPs When the combination of site design and source control BM1Ps is not sufficient to protect water quality, structural treatment BMIPs along with site design and source control measures shall be required BMPs should be selected based on efficacy at mitigating pollutants of concern associated with respective development types To this end the City shall continue implementation of the Municipal Non Point Sour-Ge Stormwater National Pollution Discharge Elimination System (NDPES) pre±�►ram permit(Santa Ana Regional Water Quality Control Board Order No R8- 2002-0010, dated January 18, 2002, or any amendment to or re-issuance thereof) of which the City is a co-permittee with the County of Orange through the Santa Ana Regional Water Quality Control Board Per program parameters continue to require a Water Quality Management Plan for all applicable new development and redevelopment in the Coastal Zone C 6 1 16 Encourage the Orange County Sanitation District to accept dry weather nuisance flows into the sewer treatment system prior to discharge New developments shall be designed and constructed to minimize or eliminate dry weather nuisance flows to the maximum extent practicable C 6 1 25 Require that new development and redevelopment minimize the creation of impervious areas, especially directly connected impervious areas, and where feasible reduce the extent of existing unnecessary impervious areas and incorporate adequate mitigation to minimize the alteration of natural streams and/or interference with surface water flow The use of permeable materials for roads, sidewalks and other paved areas shall be incorporated into new development to the maximum extent practicable Add new policy C 6 1 30 !Natural or vegetated treatment systems (e g bio-swales, ve_getative buffers, constructed or artificial wetlands) that mimic natural drainage patterns are preferred for new developments over mechanical treatment systems or BMIPs (e q water quality treatment plants, storm drain inlet filters) Exhibit A - Resolution No 2008 32 Adopted Findings (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 17 SUGGESTED MODIFICATION NO 11 Add the following policy to the certified Land Use Plan on page IV-C-123 as new policy C 727 Any areas that constituted wetlands or ESHA that have been removed, altered, filled or degraded as the result of activities carved out without compliance with Coastal Act requirements shall be protected as required by the policies in this Land Use Plan J° LEGEND D ❑ RL 26 5 AC± OS C 23 0 AC± RL 19J"c.. �q# -` oot r � � e � 7 h 0 a z 0 N O O W NOTE This exhibit will become Figure C-6a in the Coastal Element with formatting changes for consistency with other figures PARKSIDEEST ATES in the Coastal Element HUNTINGTONBEACH �u ® Land Use Designations Exhibit per Nov 14, 2007 CCU Hearing P >003 Res No 2008-32 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I JOAN L FLYNN 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 at least a majority of all the members of said City Council at an regular meeting thereof held on June 16, 2008 by the following vote AYES Hansen Bohr Coerper Green Carchio NOES Hardy Cook ABSENT None ABSTAIN None Cit Jerk and ex-officio erk of the City Council of the City of Huntington Beach California