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Home My WebLink AboutCity Council - 2014-01 RESOLUTION NO. 2014-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 13-001 AND REQUESTING ITS CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, after notice duly given pursuant to Government Code Section 65090 and Public Resources Code Sections 30503 and 30510, the Planning Commission of the City of Huntington Beach held a public hearing to consider the adoption of Zoning Text Amendment No. 13-001 included in Huntington Beach Local Coastal Program Amendment No. 13-001, and such amendment was recommended to the City Council for adoption;and The City Council, after giving notice as prescribed by law, held at least one public meeting on Zoning Text Amendment No. 13-001 included in the proposed Huntington Beach Local Coastal Program Amendment No. 13-001, and the City Council finds that the proposed amendment is consistent with the Huntington Beach General Plan, the Certified Huntington Beach Coastal Land Use Plan and Chapter 6 of the California Coastal Act. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. That Huntington Beach Local Coastal Program Amendment No. 13-001 is hereby approved,consisting of Ordinance No. 4005 pertaining to Zoning Text Amendment No. 13-001, which prohibits the sale of alcohol for off-site consumption for any permitted use in District 1 of Specific Plan No. 5-Downtown Specific Plan. A copy of the aforesaid ordinance is attached hereto as Exhibit A, and incorporated by this reference as though fully set forth herein. SECTION 2. That the California Coastal Commission is hereby requested to consider, 1 13-4061/104545 Resolution No. 2014-01 approve and certify Huntington Beach Local Coastal Program Amendment No. 13-001. SECTION 3. That pursuant to Section 13551(b) of the Coastal Commission Regulations, Huntington Beach Local Coastal Program Amendment No. 13-001 will take effect automatically upon Coastal Commission approval, as provided in Public Resources Code Sections 30512,30513,and 30519. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on January 21, 2014. Mayor ATTEST: __APNROVED AS TO FORM: . a City Cfjk C_�ty Att rney I zo(N REVIE AAD APPROVED: INITIT TE AND APPROVED: City 'a er Planning and Vuifding Director Exhibit A: Ordinance No. 4005 2 13-4061/104545 Exhibit "A" - Resolution No. 2014-01 STAFF RECOMMENDATION ORDINANCE NO. 4005 AN ORDINANCE OF TIME CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SPECIFIC PLAN NO. 5—DOWNTOWN SPECIFIC PLAN (ZONING TEXT AMENDMENT NO. 13-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 13-001,which amends Specific Plan No. 5—Downtown Specific Plan to prohibit the sale of alcohol for off-site consumption for any use in District 1 of the Downtown Specific Plan area; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the.City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Pages 2-12 and 2-13 of Section 2.7(Eating and Drinking Establishments and Food and Beverage Sales definitions) and Figure 3-23 of Specific Plan No. 5 — Downtown Specific Plan are hereby amended to read as set forth in Exhibit A. SECTION 2. This ordinance shall become effective immediately upon certification by the California Coastal Commission but not less than 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of November ,2013. 4ayooroga ATTEST: INITIA AN APPROVED: C yClerk Director of Planning and Building REV AND APPROVED: APPROVED A. TO FORM: C' Naiger CctCity Attorney Exhibit A:Legislative Draft Exhibit A - Resolution No: 2014-01 STAFF RECOMMENDATION z ADM I N I STRATI 0 N LEGISL TIVE ®RAFT Demolition The deliberate removal or destruction of the frame or foundation of any portion of a building or structure. Director The Director of the Department of Planning or his or her designee, unless otherwise specified. Dwelling,, multiple unit -h A building or buildings designed with two or more dwelling units. { t�^e yhs £ Dwelling, single unit g ' A detached building designed primarily for use as.a single dwelling, no portion of which is rented � µ as a separate unit, expect as-permitted by this single family dwellings shall E� - be considered as multi-family. 111 Eating and drinking establishments Businesses serving prepared food or beverages for consumption on or,off the premises. This use � s classification shall prohibit the sale of alcohol for off-site consumption in District 1. Entertainment . A single event,a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited to watch, listen, or participate,or is conducted.for the purposes.of holding the attention of,gaining the attention of, or diverting or amusing guests or patrons, including, but not limited to:, g a Any amusement or event such as live music or other perfocrnance which is knowingly �t permitted by any establishment subject to this chapter, includingpresentations by single ri ;p= or multiple performers, such as hypnotists; pantomimes, comedians, song or dance acts, t{ plays, concerts, any_type of contest;sporting events;'exhibitions, carnival or circus acts; demonstrations of talent or items for gift or sale;shows reviews and an other such activity Y Y which may be attended by members of the-public. b Live orrecorded music where public dancing is permitted Y ' . P g_ wing Y c An event controlled conducted",s onsored encoura ed or knowm I ermitted b an establishment'sub eet to;this cha ter which involves an of the activities describedin the , 1 P fore oin ara ra hs which is resented b members ofthe ublic whether or not the g g P g P , P , Y _ P participants in said activities are compensated by the establishment h Exhibit "A" Resolution No. 2014701 - STAFF .RECOMMENDATION . z -ADMINISTRATION LEGISLATIVE DRAFT d. Establishments which provide jukeboxes, televisions,video games,video programs, or recorded music and no other entertainment, as herein defined, are not required to comply with the provisions of this chapter, unless the recorded music is played on equipment which o is operated by an agent or contractor of the establishment for a period exceeding ten minutes per hour. The intent of this section is to require an Entertainment Permit of establishments which provide that which is commonly known as a "DJ" and to exempt establishments which provide incidental or ambient music. Facade s �� W The main face or front of a building. Feasible Capable of being accomplished in a successful manner within a reasonable period of time; taking into account economic, environmental, social and technological factors. Floor Area Ratio (FAR) z A number which indicates how many square feet of structure can be built on a site. FAR is : determined by dividing the gross floor area.of all buildings on a lot by the area of that lot. LL g Fly tower # The structure and rigging behind and above the stage in a performing arts theater. The purpose.--,,,, w of a fly tower is a system to move set pieces, lights, microphones and other equipment on or offs stage and to lift or"fly"the scenery above the stage. Food and beverage sales Retail sales of food and beverages for off-site preparation and consumption.Typical uses include groceries or delicatessens. Establishments at which zo percent or more of the transactions are sales of prepared food for on or take-out consumption shall be classified as.Catering:,Services or Eating and.Drinking Establishments. Food and beverage sales with alcoholic beverage sales shall mean establishments where more than ten percent of the floor area is devoted_to sales- dis la and story a of alcoholic bevera e' exce t in District 1 where ] P. Y g, g P :the sale of alcoholforoff-site:consumption is prohibited). i Fractional'ownership hotel y Facility providing overnight visitor accommodations where at least some of the guest rooms , (units)within the facility are owned eparately by multiple owners ona fractional time basis. A � fractional time basis means that an owner receives exclusive right to use of.the individual unit for a certain quant►ty of days per year and each unit available for fractional ownership will have multiple owners { ME a. { __-r a pia.. `^ e,,,�r �„'r�a '^v -e�-"�. "`s i F- 'c. "`73 ,�r �'k i.e min"'-s�� ; :_44 .g, "' 2-x�'7 _� r `" � ` ke� � -�"X ` 35 ./z "sK-,s{�t"a3_,',, ��. r'G�'SYx,' a*'4. "4'`a3'' �§y,�.s -,E %M MOON FAMO ONTO MMMS UNIT IIV G`rOIV B E A-Ch7D{�wNT O V1�N 5�P �I C P L AkN N.0 w , r� ON �D OSw`NZWO wxl 11?E CNI F IBC Fh'L A N r � y 2.1 3 3_. ss` ,.w9 "" •''kN _ � _ �,-'^7� � ma3" �ry. `y, y. 's?9," +- , A - -k � 2 �. s ^ A •-,Jy, 'u-tx'- .-OCtOUerq Vj. J4ff , a cs- '`• ,s"j3'€�tF�Y §L"`p," v �� a`- ' :"» t* ri "z 4.`' ts + Y -.yr .fir-a ,d ..':.+ - � y ,. ,� - ��_��S-3�,y y"rt'�,�S;•n_ � �� ...:, n��k� �I� ��r ��'h"� �-a. �'�r� - Exhibit "A." - Resolution._No. 2014-01 STAFF RECOMMENDATION .- 3 - LAND USES & DEVELOPMENT STANDARDS Permitted Uses District 1* Fr A CUP CUP TUP Use* Permitted Permit from ZA from PC from ZA Accessory dwelling units Artists'studios ✓ Banks and savings and loans branch offices 2 V/ Carts and kiosks 3 V/ Commercial parking 4 V/ Cultural institutions V/ Eating and drinking establishments 5 V/ e Eating and drinking establishments, with less than 12 seats Eating and drinking establishments, with alcohol ✓ (hours of operation up to 11 pm M-TH and 12 am Fri-Sun.) Eating and drinking establishments, with alcohol r ✓ E } (hours of operation past 11 pm M TH and/or 12 am Fri-Sun.) } � g Eating and drinking establishments, with dancing ✓ : I Eating and drinking establishments,with live ✓ N- entertainment K.' Food and beverage sales,without alcoholic ✓ ' beverage sales rx - Health and sports clubs V/ t Home occupation 6 ons V/ r Hotels, motels, and bed and breakfasts V/ Live/work units 7 Offices, business and professional 8 V/ Personal enrichment services 9 V/ Personal services V/ Public facilities ✓ Real estate businesses ✓ r Religious assembly V/ < Multi-family housing, apartments, condominiums, V/ g ' and stock-cooperatives(up to 4 units) _ Multi-family housing, apartments, condominiums, 37 and stock cooperatives(more than 4 units) ✓ ';, Single-family detached dwellings'° V/ � Retail sales �", NOOK is o�' =.i`� - � ' �� MM':w,�� 9 H11'.NT INN&G T O N�'B_E:AC HD;xO W N.T O VI/NSP`E COIF IBC P L A'�V NO 5 `� , S`as. . - '�,4'. 3xna h _ � DOrWMNTOWN SPECIFICPLAN� � � -43 ,,, - -�" r a _ &eF. 4'��C'- yi� + 3°"� -'i?{ �.�5^�."S k.. Y Y",• ZO� '4 - � 20e , .",{ u t4°_"'Y_�, d u'x'.::cs� -"_C..,�v,�"e`�N��;�' �`�'.ins�'' � - ._.__��_._d.S4_7 �M1`t,T-'S", 4.'k:�--w•t-s.X.y �M-:4',t'e .. ': `' t _ Y ss v- «4 _*"""-.m-;. "F"`"`��'� , Exhibit "A" - Resolution No. 2014-01,. ST�►FF RECOIIiEIVDATI®N 3 LAND USES & DEVELQPIVI ENT STANDARDS LEGISLATIVE DRArFT Permitted Uses District 1* Admin CUP CUP TUP Use* Permitted Permit from ZA from PC from ZA Retail sales, outdoor 12 Service stations 13 ✓ v/ Theaters ✓ :. Travel services ✓ � y,,= *The sale of alcohol for off-site consumption is prohibited for any use in District 1. ��'��` 'Must include retail sales With no drive through windows and not to exceed 5,000 square feet 3 Pursuant to Section 230.94 of the HBZSO 4 Not permitted on street level, street frontage for properties fronting Main Street and/or Pacific Coast ' Highway. ' y 5 Pursuant to Section 3.2.24 Outdoor Dining 6 Pursuant to Section 230.12 of the HBZSO F� �15 Provided that: The live/work unit is permitted to be a maximum of 3,000 square feet. • The non-residential area is permitted to be a maximum 50/ of the area of each live/work unit. The non-residential area function shall be limited to the first or main floor only of the live-work a unit. A maximum of 5 non-residential worker or employees are allowed to occupy the non-residential area at any one time. Dwelling units that include an office that is less than ten percent of the area of the dwelling unit ti shall not be classified as a live/work unit. € -r' 8 Pursuant to Section 3.3.1.3. Permitted Uses, items 1), and 2) 9 Not to exceed 5,000 square feet '° That comply with the standards provided in Section 3.3.4• District 4- Established Residential and the r " standards contained in the Residential Infill Lot Developments Ordinance in Section 230.22 of the HBZSO'4 EiKempting Fetail FnaFkets with i9e meFe than ie PeFEent ef the fleeF aFea deyeted te sales, display, a ,} ,fi Ee jWAEtieR with the sale ef gaseline eF etheF meter-YehiEle fuel. + 12 Pursuant to Section 3.2.25. Outdoor Display Areas and Sales 4 - ` 13 With minimum 14,000 square feet of net lot area, subject to the development standards outlined in Section 230.32 of the HBZSO and located only on Pacific Coast Highway between 7th Street and 9th r, Street N ote: ,4 Projects with less than loo'fronts a and additions shall require a CUP from ZA. r� Projects with loo'frontage or greater shall require a CUP from PC. Figure 3-23 Permitted Uses District 1 (2 of 2) �D O"Al V1/N�SrP E C I FBI C PLANS Exhibit "A" - Resolution No. 2014-01 Ord. No. 4005 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 ordinance was read to said City Council at a Regular meeting thereof held on October 21,2013, and was again read to said City Council at a Regular meeting thereof held on November 4,2013, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan,Hardy, Boardman, Carchio, Shaw,Katapodis NOES: Harper ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby i certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 14,2013. In accordance with the City Charter of said City Joan L.Flynn,Ci, Clerk Ciy Clerk and ex-officio 6ferk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Res. No. 2014-01 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 January 21, 2014 by the following vote: AYES: Katapodis, Hardy, Shaw, Boardman, Sullivan, Carchio NOES: Harper ABSENT: None ABSTAIN: None City C&4rk and ex-officio'C erk of the City Council of the City of Huntington Beach, California