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HomeMy WebLinkAboutCity Council - 2010-81 1 RESOLUTION NO. 2010-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH WHICH ACKNOWLEDGES RECEIPT OF THE COASTAL COMMISSION ACTION AND ACCEPTS AND AGREES TO LOCAL COASTAL PROGRAM AMENDMENT NO. 2-10 AS MODIFIED WHEREAS, the California Coastal Commission reviewed and approved Huntington Beach Local Coastal Program Amendment No. 2-10 as modified at the October 13, 2010 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. 2010-81 for final Coastal Commission certification, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: That the City Council accepts and agrees to the Coastal Commission's approval of Local Coastal Program Amendment 2-10 by modifying Huntington Beach Zoning and Subdivision Ordinance Sections 203.06, 216.04, 216.18, 221.10 and 230.82 as suggested by the Coastal Commission in document 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. 2010-81 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 1st day of November , 2010. a REVIEW APPROVED: INITIAT AN APPROVED: City 4nfin trator Directo f Planning & Building APPROVED AS TO FORM: Attorne 10-2673/53886 Exhibit"A" - Resolution No.2010-81 Exhibit"A" - Resolutgn No.2010-81 STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY ..RNOLO SCHWARZENEGGER Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office -- 200 Oceangate,Suite 1000 Long Beach,CA 90802-4302 (562)590-5071 October 12, 2010 Additional Suggested Modifications Changes to the modification from the language as it appears in the staff report are shown in ntrika thre for deletions and bold, double underline for additions. 1. Modify Suggested Modification No. 3: Chapter 221 Coastal Overlay District, page 7-8, as follows: 22 1.10 Requirements for New Development Adjacent to Finvirenmentally Sensitive Habitat Area (ESHA) Resource Protection Area As a condition of new development adjacent to a resource protection area, which includes any wetland; Environmentally Sensitive Habitat Areas (ESHA), associated buffers, land zoned Coastal Conservation, as the same are defined in the City's Local Coastal Progra„ , an applicant shall comply with the requirements listed below. The requirements shall be applicable to all lots within new subdivisions as well as development proposed on existing lots within and/or adjacent to an ESHA, we#ands, asSOGi6ted buffer, resource protection areas. other-wise 4idiGated. A. Landscape Plan shall be prepared that prohibits the planting, naturalization or persistence of invasive plants; and encourages low-water-use plants, and plants primarily native to coastal Orange County of local stock. H. Walls, fences, gates and boundary treatments shall use wood. wrought iron, frosted or partially-frosted glass or other visually 4W permeable barriers that are designed to prevent creation of a bird strike hazard Clear glass or Plexiglas shall not be installed unleas appligues (e.g. stickers/decals) designed to reduce bird-strikes by reducing reflectivity and transparency are also used. 2. Add the following new suggested modification, page 9: Suggested Modification No. 6: Chapter 216 CC Coastal Conservation District Modify proposed subsection 216.18 Performance Standards as follows: �a Exhibit"A" - Resolution No.2010-81 Huntington Beach LCPA 2-10 Parkside Implementation Plan Amendment Page 2 of 2 Before the coastal development permit can be issued, the project shall comply with the following standards to the satisfaction of the Director: A. Wetlands and environmentally sensitive habitat areas that are designated for preservation after a permit hearing granting project approval on the property shalt be preserved through a conservation easement, deed restriction or other similar mechanism consistent with Public Resources Code Section 30010. Such easements or restrictions need not authorize any public right of access or use. Exclusive use and possession of the area may remain with the applicant. 2. Any areas where vegetation is temporarily removed shall be replanted with a native or an non-invasive species in a quantity and quality equal to the vegetation removed. Exhibit"A" - Resolution No.2010-81 Huntington Beach Local Coastal Program Amendment 2-10 Parkside IP Amendment Addendum Page 5 Suggested Modification No. 2: Water Quality Modify proposed new Section 230.82 C as follows: C. Water Quality. Every use must comply with rules, regulations and standards of the Federal government, State and Regional Water Quality Control Boards, Orange County Municipal NPDES Storm Water Permit(Santa Ana Regional Water Quality Control Board Order No. R8-2009-0030, dated May 22, 2009, or any amendment to or re-Issuance thereof),and the City of Huntington Beach Municipal Codes including Chapters 14.24, 14.25, and 17.05, and the California Coastal Act where applicable. An applicant for a zoning permit.,or-,a building permit, or a coastal development ermit must demonstrate compliance with aforementioned rules, regulations and standards prior to permit approval. General Plan and Local Coastal Program Goals, Objectives and Policies shall be incorporated into water quality management programs prepared for development projects as applicable and to the maximum extent practicable. A Water Quality Management Plan, prepared by a REGISTERED CALIFORNIA CIVIL ENGINEER, i shall be required for all projects that may adversely impact water quality (including, but not limited to projects identified in the Orange County Municipal NPDES Storm !plater Permit as priority development projects and projects creating more than 2500 square feet of impervious surface that are within 200 feet of, or drain directly to, Resource Protection Areas, and/or waterbodies listed on.the Clean Water Act Section 303(d) list of impaired waters). This change, reflected above, was requested by the City to make the language consistent with the City's.local model WQMP (which is based on their municipal stormwater program and the NPDES permit), which specifies a Registered California Civil Engineer must review individual project Water Quality Management Plans. 4. Letters Received Attached are six letters received regarding Huntington Beach LCPA 2-10 (Parkside IP Amendment). The six letters support the staff recommendation. Also attached is one ex-parte communication form received regarding this item. HNB LCPA 2-10 Parkside IP am addendum 10.10 my Exhibit"A" -Resolution No.2010-81 STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY Amold Schwarzeneeeer_Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate,Suite 1000 Long Beach,CA 9080211302 (562)590-5071 September 29, 2010 TO: Commissioners and Interested Persons FROM: Sherilyn Sarb, South Coast Deputy Director(Orange County) Teresa Henry, District Manager Karl Schwing, Supervisor, Regulation & Planning, Orange County Area Meg Vaughn, Coastal Program Analyst SUBJECT: Major Amendment Request No. 2-10 to the City of Huntington Beach Certified Local Coastal Program (For Public Hearing and Commission Action at the October 13-15, 2010 meeting in Oceanside). SUMMARY OF LCP AMENDMENT REQUEST NO. 2-10 Request by the City of Huntington Beach to amend the Implementation Plan (IP) portion of the Local Coastal Program (LCP) by amending the zoning map for the approximately 50 acre area known as the "Parkside" side, and zoning text amendment intended to implement the LUP changes approved under LCPA 1-06, regarding the Parkside site, as well as zoning text changes that will apply throughout the City of Huntington.Beach Coastal Zone. The Implementation Plan amendment is proposed via City Council Resolution No. 2009-28 and as reflected in the following Ordinances: Nos. 3831, 3832, 3833, 3834, and 3835, each of which is attached to the submittal resolution. The issues raised by the amendment request are the lack of implementation for the archaeological/cultural resources policies of the certified Land Use Plan and insufficient implementation to carry out the biological resources and water quality protection policies of the certified Land Use Plan. Staff is recommending suggested modifications to bring the proposed Implementation Plan amendment into conformity with the policies of the certified Land Use Plan. Local Coastal Program Amendment 2-10 affects only the Implementation Plan portion of the certified LCP. No changes are proposed to the Land Use Plan. SUMMARY OF STAFF RECOMMENDATION Staff is recommending that the Commission, after public hearing: Deny the amendment request to the Implementation Plan as submitted. Approve the amendment request to the.Implementation Plan if modified as recommended. The proposed amendment, if modified as recommended, would be in conformance with and adequate to.carry out the provisions of the certified Land Use Plan. The motions to accomplish this recommendation are found on pages 3 and 4. Exhibit"A" - Resolution No.2010-81 Huntington Beach LCPA 2-10 Parkside Implementation Plan Amendment Page 4 MOTION: I move that the Commission certify the Implementation Plan Amendment No. 2-10 for the City of Huntington Beach if it is modified as suggested by staff. STAFF RECOMMENDATION: Staff recommends a YES vote. Passage of this motion will result in certification of the Implementation Plan with suggested modifications and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present. RESOLUTION TO CERTIFY THE IMPLEMENTATION PLAN WITH SUGGESTED MODIFICATIONS:' The Commission hereby certifies the Implementation Plan Amendment 2-10 for the City of Huntington Beach if modified as suggested and adopts the findings set forth below on grounds that the Implementation Plan amendment with the suggested modifications conforms with, and is adequate to carry out, the provisions of the certified Land Use Plan. Certification of the Implementation Plan amendment if modified as suggested complies with the California Environmental Quality Act, because either 1)feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the Implementation Plan on the environment, or 2) there are no further feasible alternatives and mitigation measures that would substantially lessen any significant adverse impacts on the environment. 11. SUGGESTED MODIFICATIONS Certification of City of Huntington Beach LCP Amendment Request No. 2-10 is subject to the following modifications. The Commission's suggested additions are shown in bold, underlined text. The Commission's suggested deletions are shown in undediRed,-strike put text. Suggested Modification No. 1: Archaeological/Culturalf Resources Add new subsection 230.82 E to Chapter 230 Site Standards as follows: Section 230.82 E Archaeological/Cultural Resources. Within the coastal zone, applications for grading or any other development that has the potential to impact significant archaeological/cultural resources shall be preceded by a coastal development Exhibit"A" - Resolution No.2010-81 Huntington Beach LCPA 2-10 Parkside Implementation Plan Amendment Page 5 permit application for implementation of an Archaeological Research Design (ARD). This is required when the project site contains a mapped archaeological site, when the potential for the presence of archaeological/cultural resources is revealed through the CEQA process, and/or when archaeological/cultural resources are otherwise known or reasonably suspected to be present. A coastal development permit is required to implement an ARD when such implementation involves development (e.g. trenching, test pits, etc.). No development, including grading, may proceed at the site until the ARD, as reflected in an approved coastal development permit, is fully implemented. Subsequent development at the site shall be subject to approval of a coastal development permit and shall be guided by the results of the approved ARD. Archaeological Research Design (ARD). The ARD shall be designed and carried out with the goal of determining the full extent of the on-site archaeological/cultural resources and shall include, but not be limited to, postulation of a site theory regarding the archaeological and cultural history and pre-history of the site, investigation methods to be implemented in order to locate and identify all archaeological/cultural resources on site (including but not limited t trenching and test pits), and a recognition that alternative investigation methods and mitigation may become necessary should resources be revealed that indicate a deviation from the initially espoused site theory. The ARD shall include a Mitigation Plan based on comprehensive consideration of a full range of mitigation options based upon the archaeologicallcultural resources discovered on site as a result of the investigation. The approved ARD shall be fully implemented prior to submittal of any coastal development permit application for subsequent grading or other development of the site. The ARD shall also include recommendations for subsequent construction phase monitoring and mitigation should additional archaeological/cultural resources be discovered. The ARD shall be prepared in accordance with current professional practice, in consultation with appropriate Native American groups as identified by the Native American Heritage Commission(NAHC), NAHC, and the State Historic Preservation Officer, subject to peer review, approval by the City of Huntington Reach, and, if the application is appealed, approval by the Coastal Commission. The peer review committee shall be convened in accordance with current professional practice and shall be comprised of qualified archaeologists. Mitigation Plan. The ARD shall include appropriate mitigation measures to ensure that archaeological/cultural resources will not be adversely impacted. These mitigation measures shall be contained within a Mitigation Plan. The Mitigation Plan shall include an analysis of a full range of options from in-situ preservation, recovery, and/or relocation to an area that will be retained in permanent open space. The Mitigation Plan shall include a good faith effort to avoid impacts to archaeological/cultural resources through methods such as, but not limited to, Exhibit"A" - Resolution No.2010-81 Huntington Beach LCPA 2-10 Parkside Implementation Plan Amendment Page 6 proiect redesign, capping, and placinq an open space designation over cultural resource areas. A coastal development permit application for any subsequent development at the site shall include the submittal of evidence that the approved _ARID, including all mitigation, has been fully implemented. The coastal development permit for subsequent development of the site shall include the requirement for a Monitoring Plan for archaeological and Native American monitoring during any site grading, utility trenching or any other development activity that has the potential to uncover or otherwise disturb archaeological/cultural resources as well as appropriate mitigation measures for any additional resources that are found.The Monitoring Plan shall specify that archaeological monitor(s) qualified by the California Office of Historic Preservation.(OHP) standards, and Native American monitor(s)with documented ancestral ties to the area appointed consistent with the standards of the Native American Heritage Commission (NAHC) shall be utilized. The Monitoring Plan shall include, but not be limited to: 1) procedures for selecting archaeological and Native American monitors; 2) monitoring methods; 3) procedures that will be followed if additional or unexpected archaeologicalfcultural resources are encountered during development of the site including, but not limited to,temporary cessation of development activities until appropriate mitigation is determined. Furthermore, the Monitoring Plan shall specify that sufficient archaeological and Native American monitors must be provided to assure that all activity that has the potential to uncover or otherwise disturb cultural deposits will be monitored at all times while those activities are occurring. The Monitoring Plan shall be on-going until grading activities have reached sterile soil. The subsequent mitigation plan shall be prepared in consultation with Native American Heritaqe Commission (NAHC), Native American tribal group(s)that have ancestral ties to the area as determined by the NAHC, and the State Historic Preservation Officer, subiect to peer review. All required plans shall be consistent with the City of Huntington Beach general Plan and Local Coastal Program and in accordance with current professional practice, including but not limited to that of the California Office of Historic Preservation and the Native American Heritage Commission, and shall be subiect to the review and approval of the City of Huntington Beach and, if appealed, the Coastal Commission. Suggested Modification No. 2: Water Quality Modify proposed new Section 230.82 C as follows: Exhibit"A" - Resolution No.2010-81 Huntington Beach LCPA 2-10 Parkside implementation Plan Amendment Page 7 C. Water Quality. Every use must comply with rules, regulations and standards of the Federal government, State and Regional Water Quality Control Boards, Orange County Municipal NPDES Storm Water Permit(Santa Ana Regional Water Quality Control Board Order No. R8-2009-0030, dated May 22, 2009, or any amendment to or re- issuance thereof), and the City of Huntington Beach Municipal Codes including Chapters 14.24, 14.25, and 17.05, and the California Coastal Act where applicable. An applicant for a zoning permit,,er a building permit, or a coastal development permit must demonstrate compliance with aforementioned rules, regulations and standards rp for to permit approval. General Plan and Local Coastal Program Goals, Objectives and Policies shall be incorporated into water quality management programs prepared for development projects as applicable and to the maximum extent practicable. A Water Quality Management Plan, prepared by a California Professional Engineer, Professional Geologist or Engineering Geologist, or California-licensed Landscape Architect, shall be required for all proiects that may adversely Impact water quality (including, but not limited to projects identified in the Orange County Municipal NPDES Storm Water Permit as priority development projects and projects creating more than 2500 square feet of impervious surface that are within 200 feet of, or drain directly to, Resource Protection Areas, and/or waterbodies listed on the Clean Water Act Section 303(d) list of impaired waters). Suggested Modification No. 3: Chapter 221 Coastal Zone Overlay District Make the following modifications to proposed new Section 221.10 to Chapter 221 CZ Coastal Zone Overlay District 221.10 Requirements for New Development Adjacent to EnViFORmeRtally Sensitive Habitat °Fea (ESNA)Resource Protection Area As a condition of new development adjacent to a resource protection area, which includes any wetland, Environmentally Sensitive Habitat Areas (ESHA), associated buffers, land zoned Coastal Conservation, as the same are defined in the City's Local Coastal Program, an applicant shall comply with the requirements listed below. The requirements shall be applicable to all lots within new subdivisions as well as development proposed on existing lots within and/or adjacent to an ESHA. argils: . resource protection areas. oF land zoned Coastal Gensp-PA4AP11-UpAess A. Landscape Plan shall be prepared that prohibits the planting, naturalization or persistence of invasive plants, and encourages low-water-use plants, and plants primarily native to coastal Orange County. B. Domestic Animal Control Plan ... no change C. Pest Management Control Plan ... no change Exhibit"A" - Resolution No.2010-81 Huntington Beach LCPA 2-10 Parkside Implementation Plan Amendment Page 8 D. A"Street lighting, exterior residential lighting and recreational lighting adjacent to resource protection areas shall mmnimi ,PaGtS tG wildwe not significantly disrupt habitat values within the resource protection areas. E. Covenants, Conditions and Restrictions (CC&Rs) in a form approved by the Office of the City Attorney shall be recorded specifying that the requirements and restrictions of this Section apply. l<�scapir Q#er tiGR area shall ,.got onv eXEAG irn alive plant soe--G-ies. The CC&Rs shall be binding on each of the lots, shall run with the land affected by the subdivision and shall be included or incorporated by reference in every deed transferring one or more of the lots in the subdivision. F. The project applicant shall provide any buyer of a housing unit within the CZ Overlay District an information packet that explains the sensitivity of the natural habitats within or adjacent to the project site and the need to minimize impacts on the designated resource protection area(s), and the prohibition on landscaping that includes exotic invasive plant species are area. The information packet shall include a copy of the Domestic Animal Control Plan and Pest Management Plan and be required for all sales of housing units pursuant to the CC&Rs. G. Protective fencing or barriers ... no change H. Uses allowed adjacent to designated wetlands and Environmentally Sensitive Habitat Areas shall assure the continuance of the habitat value and function of preserved and restored wetlands and ESHA. Suggested Modification No. 4: Chapter 216 Coastal Conservation District Modify proposed subsection 216.04 H Definitions as follows: I. Resource Protection Area. Any area that consists of any of the following: wetlands, Environmentally Sensitive Habitat Areas, ors buffer areas as these terms are defined in the Glossary of the City's certified Land Use Plan and/or land that is zoned Coastal Conservation. Suggested Modification No. 5: Chapter 203 Definitions Add the following definition to Chapter 203 Definitions, Section 203.06 Definitions (in alphabetical order): Resource Protection Area. Within the coastal zone, any area that consists of any of the following: wetlands. Environmentally Sensitive Habitat Areas Exhibit"A" - Resolution No.2010-81 Huntington Beach LCPA 2-10 Parkside Implementation Plan Amendment Page 9 buffer areas (as these terms are defined in the Glossary of the City's certified Land Use Plan), and/or land that is zoned Coastal Conservation. III. FINDINGS The following findings support the Commission's denial as submitted and approval of the proposed LCP Implementation Plan amendment if modified. The Commission hereby finds and declares as follows: A. Amendment Description The City of Huntington Beach has requested an amendment to the Implementation Plan (IP) portion of the certified Local Coastal Program (LCP). The primary document comprising the City's certified Implementation Plan is the City's Zoning and Subdivision Ordinance (ZSO), but the certified IP also includes a number of specific plans. All changes proposed under this amendment effect the ZSO. The City's current amendment submittal is intended to establish the zoning for the area known as the Parkside site. It is also intended to provide implementation for the changes to the City's certified Land Use Plan Amendment (LUPA) adopted pursuant to LUPA 1-06. LUPA 1-06 specifically addressed the Parkside site as well as some Land Use Plan (LUP) text and policies that apply City-wide. The Parkside site has been an area of deferred certification within the City. Approval of this Implementation Plan amendment would result in effective certification for the Parkside area. As stated by the City, the proposed Implementation Plan amendment,is intended to 1) establish the zoning at the 50 acre site known as Parkside that mirrors the land use designations approved by the Coastal Commission for the site under LUPA 1-06; and, 2) to amend the City's Implementation Plan to incorporate various changes to bring the IP into conformance with the certified Land Use Plan as modified by approved LUPA 1-06. LUPA 1-06 established Subarea 4-K to address land use issues at the Parkside site. To implement the standards contained in Subarea 4-K of Table C-2 of the certified Land Use Plan, the proposed amendment would modify ZSO Chapters 210, 216, and 221. To implement the new and modified public access, recreation, water quality and ESHA policies of the Land Use Plan that are effective citywide, the amendment proposes changes to Chapter 210 Residential District, Chapter 216 Coastal Conservation District, Chapter 221 Coastal Zone Overlay District, and Chapter 230 Site Standards District of the ZSO. More specifically, the Implementation Plan is proposed to be amended in the following ways: Res. No. 2010-81 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ,LOAN 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 November 1, 2010 by the following vote: AYES: Carchio, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Coerper, Hardy ABSTAIN: None y Clerk and ex-offieW Clerk of the City Council of the City of Huntington Beach, California