Loading...
HomeMy WebLinkAboutCity Council - 2017-02 RESOLUTION NO. 2017-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AN AMENDMENT TO THE SUNSET BEACH SPECIFIC PLAN (SP 17) (ZONING TEXT AMENDMENT NO. 16-003) WHEREAS, Zoning Text Amendment No. 16-003 is a request to amend Specific Plan No. 17 — Sunset Beach Specific Plan ("SBSP") by deleting certain requirements for beachfront properties in part set forth in a 1985 County of Orange Coastal Flood Plain Development Study; and The proposed Amendment to the SBSP is consistent with the adopted Land Use Element of the General Plan, as well as other applicable City land use and zoning policies regarding; and The amended SBSP will continue to enhance the potential for superior urban design in comparison with the development standards under the base district provisions that would apply if the SBSP had not been amended because the SBSP regulations recognize the existing unique and developed character of the Sunset Beach area; and The deviations from the base district provisions that otherwise would apply are justified because the compensating benefits of the amended SBSP maintains significant public open space and scenic vistas of the Pacific Ocean; and The amended SBSP continues to include adequate provisions for utilities, services and emergency vehicle access and public service demands and will not exceed the capacity of existing and planned systems; and Pursuant to California State Planning and Zoning Law, the Huntington Beach City Council held a duly noticed public hearing to consider Zoning Text Amendment No. 16-003; and After due consideration of all the evidence presented, the City Council has determined 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 find, determine and resolve as follows: 1. The foregoing recitals are true and correct. 2. Zoning Text Amendment No. 16-003, amending the SBSP as set forth in the Legislative Draft attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein, is hereby adopted and approved. 16-5421/143537/mv 1 RCS^' U T T'?;v NO; 201.7-02 3. This Resolution shall take effect immediately upon certification of Local Coastal Program Amendment No. 16-001 by the California Coastal Commission. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the 17th day of January, 2017 LAA�% IAP _KU ayorou " REVIE APPROVED: APPROVED AS City rdid l.V{torney INMATE D APPROVED: Director of Co unity Development EXHIBIT A: Zoning Text Amendment No. 16-003 —Specific Plan No. 17—Sunset Beach Specific Plan(Legislative Draft) 16-5421/143 537/mv 2 EXHIBIT A - LEGISLATIVE DRAFT OF ZONING TEXT AMENDMENT NO. 16-003 Draft Sunset Beach Specific Plan 2.4 Shoreline Management, Flooding, and Sea Level Rise Shoreline Management Sunset Beach is part of the Huntington Beach Littoral Cell, which extends 15 miles from the east jetty of Anaheim Bay to the west jetty of Newport Bay. The City of Seal Beach built a groin at the north entrance to Anaheim Bay to combat beach erosion in 1936. In 1944, the Department of the Navy extended the groin to form the upcoast entrance jetty of Anaheim Bay. Erosion of the shoreline in the Sunset Beach area has been relatively continuous since then as ocean current drives sediment generally to the southeast. In the 1940s, 1,422,000 cubic yards of sand replenishment material were placed on the beach in Seal Beach for the purpose of addressing the beach erosion. Due to a local appeal to the U.S. Congress to address the erosion caused by the federal structures and a recommendation by the U.S. Army Corps of Engineers, in 1962 the U.S. Congress approved House Document 602 that allows for federal appropriation for beach nourishment to occur, although each nourishment project is a separate Congressional appropriation. This action also established a roughly 67%/33% split between the federal government and non-federal entities to pay for the beach nourishment. The non-federal entities are the State of California, County of Orange, City of Huntington Beach, City of Newport Beach, City of Seal Beach and the Surfside Colony Homeowners Association. Since the Congressional action, the U.S. Army Corps of Engineers, which is the federal sponsor and manages the contractors for the beach nourishment projects, has completed a sand deposition project (Surfside-Sunset Beach nourishment project) for the area approximately every five to seven years. The draft Orange County Coastal Regional Sediment Management Plan states that these projects have provided substantial increases in beach width over time for the entire Huntington Beach Littoral Cell. The Plan identifies the Surfside-Sunset Beach location as a "high" need receiver site and notes the benefits associated with periodic sand replenishment. These benefits extend beyond recreational opportunities for the immediate Surfside and Sunset Beach areas. The Plan states that the downcoast benefits for recreation at Huntington City Beach and Huntington State Beach are substantial, and that maintaining a wide beach can reduce storm damage.3 The draft Orange County Coastal Regional Sediment Management Plan recommends continued support for the Surfside-Sunset Beach nourishment project, and Land Use Plan Guidelines 2.2.2.ii and 2.2.2.iii of this Specific Plan echo this support. Flooding The Federal Emergency Management Agency (FEMA) currently designates all of the developed area of Sunset Beach and a majority of the beach as Flood Zone X, which are areas of 500. year flood and areas of 100 year flood with average depths of less than one foot of flooding and 3 Draft Orange County Coastal Regional Sediment Management Plan,April 2012, prepared for U.S.Army Corps of Engineers,County of Orange and California Coastal Sediment Management Workgroup. August 2016 Page 24 Draft Sunset Beach Specific Plan areas protected by levees from 100 year flood. A small portion of the beach at the ocean edge is designated Flood Zone VE, areas of Coastal flood with velocity hazard. Despite the Flood Zone X designation, flood damage in Sunset Beach can occur at times of abnormally high tides. A January 1983 storm caused severe flooding across the beach that affected homes along South Pacific Avenue as well as flooding onto Pacific Coast Highway and all of the property in between. In response, the County of Orange constructed a berm (also referred to as the artificial dune), which still exists today. The berm was constructed approximately 40 feet from the rear property lines along South Pacific Avenue, which maximizes having a large expanse of uninterrupted beach area while still achieving the objective of flood protection. Since the berm was installed there has been no flooding as a result of storm surge or high tides from the ocean side of the beach. As a follow-up action to the storm, the County of Orange completed a Coastal Flood Plain Development Study, in 1985, to analyze safety measures for structures along the coast. Design guidelines for residential development along the coast a-rewere established in Chapter Four of the Coastal Flood Plain Development Study. These guidelines arewere based on the assumption that the beach will be artificially maintained with a width of at least 150 feet from the ocean-facing private property line. The Study concluded that should the beach retreat to less width, the possibility of storm erosion and breaking wave activity at the structures may occur and flood protection as regulated by the design guidelines will not provide protection from wave impact forces. Revised design guidelines must then be modified to reflect the circumstances. In 1990, Tthe County designated the homes seaward of South Pacific Avenue as being in a — FP3 district, subject to flood hazard. The Coastal Flood Plain Development Study requiresd that any new structure in this area be raised to a specific height above a point on South Pacific Avenue. In addition to providing protection against flood damage, the requirement to build on piling along South Pacific Avenue providesd a safety margin should conditions at Sunset Beach return to the way they were in the 1930s when homes were vulnerable to attack by waves. Homes on shallow footings can be rapidly damaged or destroyed if their sand support is lost to erosion. Existing la"IUI R9nGGRf0FMiAg Fesidential uses may be severely impaGted by the Getatal FleBdPlaiR [Development Study aR d will r e spec al GeRSidern+i n In 2016 it was determined that to be consistent with FEMA, the current FEMA flood insurance rate map will be used as the basis for floodplain management in Sunset Beach rather than the 1985 County of Orange Coastal Flood Plain Development Study. Although the berm/artificial dune that the County constructed has been very effective, approximately 12 tol5 years ago the County of Orange implemented another maintenance activity to construct a temporary, seasonal berm, referred to as the seawardmost berm or the seasonal berm on Sunset Beach. This was in response to flooding that occurred down Anderson Street and onto Pacific Coast Highway and the surrounding area. The flooding resulted from water that came up against a seasonal berm in front of the Surfside Colony development immediately to the north in the City of Seal Beach being funneled into the Sunset Beach community streets. (The Surfside Colony berm has been constructed on-a seasonal basis for approximately 30 years.) August 2016 Page 25 Draft Sunset Beach Specific Plan The Sunset Beach seawardmost berm is a non-structural management tool used on a seasonal basis to help minimize the risk of coastal flooding. Even with the recurring sand replenishment project, there are times when the beach has narrowed due to storm activity and the seawardmost berm reduces the risk of flooding associated with that as well as eliminates the previous reason that the flooding down Anderson Street originally occurred. Under management by the County of Orange, the width of the beach was evaluated before every storm season. If the width of the beach was less than 250 feet, the County constructed the berm. Typically after a beach nourishment project was completed, the seawardmost berm was not needed. .Conversely, in an El Nino year, the berm would be reconstructed regardless of the width of the beach. The County's former and the City's current practice is to reconstruct the berm between mid-November and December 1st and take it down after the storm season in mid- to late March, depending on the storm season and tides. The publicly owned Sunset Channel has been privately bulkheaded and the streets and alleys, where they abut the channel, were bulkheaded by the County. There are a couple of areas that are not bulkheaded, e.g. undeveloped property at terminus of Park Avenue and two properties on Bayview Drive (16862 and 16864 Bayview Drive), that result in flooding of local streets during high tides. With the combination of shoreline management and flood protection maintenance activities, flood threat to the entire Sunset Beach community and Pacific Coast Highway has been significantly minimized. However, inland flooding does occur due to the lack of bulkheads in some areas. Based on the foregoing, the following shoreline management and flooding policies, coupled with those identified in the Land Use Plan section, shall be adhered to: Shoreline Management 2.4.1 The City shall prepare a Shoreline Management (Beach Management) Plan for Sunset Beach, which shall take into consideration beach nourishment, beach erosion, storm season, beach habitat and grunion spawning season and recreational use of the beach. Flooding 2.4.2 New development shall be required to comply with flood plain regulations and the 1985 County study, until suGh time that it is current FEMA flood insurance rate map, as required by Section 3.3.8 of this Specific Plan. Sea Level Rise (SLR) The potential impacts of SLR are within the planning and regulatory responsibilities of the Coastal Commission and the City under the Coastal Act. The City is in the process of completing a comprehensive update to its General Plan.. This effort includes the preparation of a citywide SLR Vulnerability Assessment and Coastal Resiliency Plan. The SLR Vulnerability Assessment will guide the strategies (policies and implementation actions) that the City could ultimately adopt. August 2016 Page 26 Draft Sunset Beach Specific Plan Delete —FPCL 3 line U- IL ch Yt �. 0 LU . cm , * C 0. m t. a w o m m m m m UJ 4 . August 2016 Page 34 Draft Sunset Beach Specific Plan 3.3.1 Sunset Beach Residential A. Purpose The Sunset Beach Residential (SBR) District is intended to permit the establishment and maintenance of high density residential neighborhoods. It is intended that each residential structure be independent from adjoining property by setbacks. Only those uses which are complementary to and can exist in harmony with the residential uses are permitted. B. Principal Permitted Uses The following principal uses are permitted subject to the approval of a Coastal Development Permit by the Zoning Administrator. 1. Duplex dwellings 2. Single-family dwellings and single family mobile homes. 3. Residential Condominium, stock cooperative, and community apartment projects. 4. Residential Condominium conversions, pursuant to Chapter 235 of the HBZSO. 5. Additions to lawful nonconforming residential uses. Additions must comply with all applicable development standards. C. Other Permitted Uses Other permitted uses subject to a Coastal Development Permit and a Conditional Use Permit by the Planning Commission. 1. Community recreation center. 2. Community service center. 3. Community facility. 4. Public Safety Facilities. 5. Parks and playgrounds (non-commercial). 6. Public service facilities. 7. Short-term vacation rentals (stays of less than 30 days) a. Amortization Period: Any,existing short-term vacation rental (stays of less than 30 days) use shall be discontinued 12 months following the effective adoption date of this Specific Plan by the California Coastal Commission, unless an application is filed with the Community Development Department pursuant to this section to establish the use prior to the discontinued date. August 2016 Page 35 Draft Sunset Beach Specific Plan D. Accessory Uses and Structures Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted principal use on the same building site. 1. Limited Day Care, Limited Residential Care, and Large Family Day Care, as defined by the HBZSO. Large Family Day Care shall require neighborhood notification pursuant to Section 241.24 of the HBZSO. 2. Fences and walls per Section 3.3.5 except as modified by special provisions set out in Section F.3.c"Building sites between Pacific Coast Highway and the Sunset Channel and those building sites fronting on Park Avenue" and Section F.3.d "Building sites between Bay View Drive and Sunset Channel". 3. Garages and/or carports per Sections 3.3.4 and 3.3.7. 4. Home occupations per the HBZSO. 5. Noncommercial keeping of pets and animals per the City of Huntington Beach Municipal Code. 6. Pools and spas, except due to the limited sewerage capacity, no such swimming pool or spa over 1000 gallons shall be connected to, or drained into, the public sewer system. 7. Signs per Section 3.3.6, except business signs which are prohibited. 8. Tennis courts. 9. Detached accessory buildings in compliance with Section 3.3.7. E. Prohibited Uses. 1. All uses not permitted above are prohibited. 2. The storage of vehicles, equipment or products related to a commercial activity. 3. Community and Human Service facilities. F. Site Development Standards The establishment, operation and maintenance of the uses permitted by these district regulations shall be in compliance with the following: 1. Building Height— Up to three stories and not more than 35 feet maximum; building height shall be measured from the centerline of the frontage street to the top of the structure. Such height and story calculations shall include mezzanines, patio roof covers, mechanical equipment, rooftop decks and attics; however, a rooftop deck shall not count as a story. See Section F.7. August 2016 Page 36 Draft Sunset Beach Specific Plan 2. Bottom elevation —foF strUGtUFes outside the Fa—�t4Gt the finished floor elevation for new construction should be a minimum of two feet above the centerline of the frontage street or two feet above the highest perimeter curb elevation of the property, whichever is greater, unless the applicant can prove, using detailed hydrologic and hydraulic calculation, that the proposed finished floor elevation is protected from being flooded from a 100-year flood in a manner meeting the approval of the Community Development Director. Beachfront properties should have the ground slope toward South Pacific Avenue and not toward adiacent properties. Those building sites abutting the Sunset Beach Waterways District, Bay View Drive, or Park Avenue shall have the additional requirement that the finished floor elevation also be set at a minimum two feet above the bulkhead elevation. 3. Setbacks Front setbacks shall be measured from the ultimate right-of-way line. a. Beach Front Building Sites Front setback(street) 5 feet on ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 6 inches all floors, except in front of and alleys garages where 3 feet is required. Side setbacks adjacent to other 3 feet all floors, except for decks building sites. providing access on ground floor where 2 feet is allowed. Rear setback (on the sand) None Required. b. Building sites between North Pacific Ave. and Pacific Coast Highway Front setback(street) 5 feet on ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 3 feet on ground floor except in front and alleys of garages where 5 feet is required; 6 inches above ground floor. Side setbacks adjacent other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback 5 feet on ground floor, 6 inches above ground floor. August 2016 Page 37 Draft Sunset Beach Specific Plan 3.3.8 Flood Plain District The Huntington Beach Zoning and Subdivision Ordinance, Chapter 222 F000dplain Overlay District Regulations are hereby incorporated into the Sunset Beach Specific Plan and shall be applicable as designated by the current FEMA floodplain map. Finished floor elevations shall also be in compliance with Section 3.3 Site Development Standards. 4. Administration The methods and procedures for implementation and administration of the Development Standards, as well as the guidelines and other conditions of this Specific Plan are prescribed below. 4.1 Enforcement of the Specific Plan The City's Community Development Director shall administer the provisions of the Sunset Beach Specific Plan in accordance with the State of California Government Code, Subdivision Map Act, the Huntington Beach Municipal Code, the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), the City's General Plan and the City's Local Coastal Program. The Specific Plan development procedures, regulations, standards and specifications shall supersede the relevant provisions of the City's Zoning Code (Huntington Beach Zoning and Subdivision Ordinance), as they currently exist or may be amended in the future. Any development regulation and building requirement not addressed in the Specific Plan shall be subject to the City's adopted regulations in effect at the time of an individual request. 4.2 Methods and Procedures The methods and procedures for implementation of the Specific Plan shall be on a project-by- project basis. The adoption of the Specific Plan alone will not require any improvements to the Specific Plan area. Physical improvements will only coincide with the approval of development projects. The Specific Plan is a regulatory document and is not intended to be a Development Agreement. Coastal Development Permits Coastal Development Permits shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. Conditional Use Permits Conditional Use Permits shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. August 2016 Page 59 Res. No. 2017-02 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU 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 17, 2017 by the following vote: AYES: O'Connell, Semeta, Posey, Hardy, Brenden, Peterson NOES: None ABSENT: Delgleize RECUSE: None Ci y Jerk and ex-officio Clerk of the NA City Council of the City of Huntington Beach, California