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Home My WebLink AboutCity Council - 2009-35 RESOLUTION NO. 2009-35 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. 1-07B AS MODIFIED WHEREAS, the California Coastal Commission reviewed and approved Huntington Beach Local Coastal Program Amendment No. 1-07B as modified at the April 8, 2009 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. 2009-35 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 1-07B by modifying Huntington Beach Zoning and Subdivision Ordinance Sections 230.14C, 230.14D, 230.14.I.Le, 230.14.J.I and 231.18D.6 as suggested by the Coastal Commission in the letter dated April 14, 2009, 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. 2009-35 or 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 6 th day of July , 2009. 6411, Mayor REVIE D APPROVED: A PROVED AS TO FORM: City rqtrator ty Attorney INITIA D AND APP OVED. M Director of Pl ing 09-2088/33680 Exhibit"A"—Resolution No.2009-35 STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY Arnold Schwarzennegger, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office - - ��D 200 Oceangate,Suite 1000 F� - \ f Il_� D "' Long Beach,CA 90802-4302 - - (562)590-5071 APR 16 Z009 April 14, 2009 Scott Hess, Director of Planning City of Huntington Beach "``t'r`` °�' "t�acr, P;,ANN aii'v;; L,,EPT-. 2000 Main Street ..k_-.�. Huntington Beach, CA 92648 Re: Huntington Beach Local Coastal Program Major Amendment No. 1-07B (Cleanup). Dear Mr. Hess: You are hereby notified that the California Coastal Commission, at its April 8, 2009 meeting in Oxnard, approved with modifications Local Coastal Program Amendment (LCPA) No. 1-07B (Cleanup). LCPA 1-07B was submitted pursuant to City Council Resolution No. 2007-21. LCPA 1-07B incorporates changes made by the City over the last few years (2001 -2007). The changes were made by the City via a number of Zoning Text Amendments (ZTAs) and are reflected in the following City Council Ordinances: Nos. 3669, 3673, 3675, 3677, 3679, 3680, 3681, 3705, 3706, 3707, 3708, 3709, 3710, 3711, 3712, 3713 (ZTA 03-02); 3687 (ZTA 04-04); 3724 (ZTA 05-01); 3730 (ZTA 05-02); 3764 (ZTA 06-02); 3763 (ZTA 06-07). The Commission approved the LCP amendment subject to five.suggested modifications. The approved suggested modifications are attached. Therefore, LCP Amendment No. 1-07B 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, 3) the Executive Director certifies that the City has complied with the Commission's April 8, 2009 action, and, 4) the Commission concurs with the Executive Director's determination that the action by the City Council adopting the suggested modifications is legally adequate. The Coastal Act requires that the City's adoption of the suggested modifications be completed within six months of the Commission's April 8, 2009 action. If six months is not adequate, the City may request additional time to obtain local approval of the suggested modifications. Such requests must be approved by the Commission at.a hearing. If you wish to have additional time, please contact Commission staff regarding the appropriate procedure. 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. 1-07B. Sincerely, Teresa Hen ti ry District Manager cc: Mary Beth Broeren,Senior Planner HNB LCPA 1-078 clnup pst act Itr 4.14.09 my Exhibit"A"—Resolution No.2009-35 City of Huntington Beach Local Coastal Program Amendment No. 1-07B (Cleanup) Coastal Commission Adopted Suggested Modifications (4/8109) SUGGESTED MODIFICATIONS Certification of City of Huntington Beach LCP Amendment Request No. 1-07B is subject to the following modifications. The Commission's suggested additions are shown in bold, italic, underlined text. The Commission's suggested deletions are shown in beK italiG, strike out text. Suggested Modification No. 1 Modify Section 230.14.0 by adding new subsection 4 as follows: 230.14.0 1. Calculation of Density Bonus. The amount of density bonus ... 2. For the purpose of this section, units designated for lower income ... 3. For the purpose of this section, those units designated for very low income ... 4. Reductions in Density Within the Coastal Zone. In reviewing residential development applications for low- and moderate- income housing, as defined in Government Code section 65589.5(h)(3), the City may not require measures that reduce residential densities below the density sought by an applicant if the density sought is within the permitted density or range of density established by local zoning plus the additional density permitted under Government Code section 65915, unless the City makes a finding, based on substantial evidence in the record, that the density sought by the applicant cannot feasibly be accommodated on the site in a manner that is in conformity with the certified local coastal program. Exhibit"A"—Resolution No.2009-35 HNB Local Coastal Program Amendment 1-07B Coastal Commission Adopted Suggested Modifications Page 2 of 3 Suggested Modification No. 2 Modify Section 230.14.D by adding new subsection 3 as follows: 230.14.D 1. Types of incentives or concessions. The City shall ... 2. Number of Incentives and Concessions. An applicant for a density bonus ... 3. Requirements for Incentives and Concessions Within the Coastal Zone. Within the coastal zone, any incentive or concession or combination of incentives and concessions must be consistent with the requirements of the certified land use plan. Suggested Modification No. 3 Modify Section 230.14.1.1.e, as follows: 230.14 I. Required findings for approval. 1. Density Bonus. In granting ... a. The proposed project, which includes ... b. The proposed project, which includes ... c. The proposed project, which includes d. The proposed project, which includes ... e. If located within the coastal zone, the proposed project which includes a density bonus will be consistent with the requirements of the certified land use plan and will not result in the fill, dredge, or diking of a wetlands. Exhibit"A"—Resolution No.2009-35 HNB Local Coastal Program Amendment 1-07B Coastal Commission Adopted Suggested Modifications Page 3 of 3 Suggested Modification No. 4 Modify Section 230.14.J1 as follows, including the addition of new subsection c: 230.14 J. Required findings for denial. 1. Concessions or Incentives. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either one or more of the following: a. The concession or incentive is not ... b. The concession or incentive would have ... c. The concession or incentive is inconsistent with the requirements of the certified Land Use Plan. Suggested Modification No. 5 Modify existing Section 231.18.D.6 5. Guest Parking. All guest parking ... 6 Coastal Zone. The following requirements shall apply to residential development in the Coastal Zone. 1) Each dwelling unit located in the Coastal Zone shall have a minimum of 2 on-site parking spaces. If the total coastal parking requirements exceed the total minimum parking as required by this chapter, the additional required parking spaces may be in tandem with enclosed spaces, provided the tandem space is assigned to an enclosed space and complies with the required turning radius. 2) The streets of new residential subdivisions between the sea and the first public road shall be constructed and maintained as open to the_general public for vehicular, bicycle and pedestrian access. General public parking shall be provided on all streets throughout the entire subdivision. Private entrance _gates and private streets shall be prohibited. All public entry controls (e.g. pates, -gate/guard houses, _-gguards, signa_ge, etc.) and restriction on use by the _general public (e.g. preferential parking districts, resident- only parking periods/permits, etc.) associated with any streets or parking areas shall be prohibited. HNB LCPA 1-07B Gnup fnl ccc adptd mods 4.09 my Res. No. 2009-35 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 a regular meeting thereof held on July 6, 2009 by the following vote: AYES: Carchio, Dwyer, Bohr, Coerper, Hansen NOES: None ABSENT: Green, Hardy ABSTAIN: None Cit Jerk and ex-officio M erk of the City Council of the City of Huntington Beach, California