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HomeMy WebLinkAboutMeasure C - New Maxwells Restaurant Project - 1995 ! (9 Page 9-CounciVAg cy Agenda-6/19/95 C F-5. (CityCouncil Pacific Coast Highway Re-striping - Rec mendat(on to Enter Into Cooperative Agreement with Oran a County TpAsportation Authority (800.45) Communication from the Public Works Directo forming Council that the Orange County Transportation Authority has propo d to withhold from the City of Huntington Beach $1.2 million in Measu M/Local Turnback Funds until Pacific Coast Highway, between each Bo vard and Golden West Street has been re- striped from four to six travel an Recommended Action: Approve entering into a operative agreement with the Orange County Transportation Auth in accordance with the conditions set forth in their letter dated 4/21/ , except that the amount to be withheld shall be the original amount of the ant, $945,0000 - not$1.2 million which includes interest. t:}P�1rwlD rj — (1,11"41U NU/ G. ORDINANCES G-1. ORDINANCES FOR ADOPTION - None G-2. ORDINANCES FOR INTRODUCTION - I COUNCIL/AGENCY ITEMS H-1. SUBMITTED BY COUNCIL/AGENCY MEMBER DAVE GAROFALO: i H-2. SUBMITTED BY COUNCIL/AGENCY MEMBER PETER GREEN: i H-3. SUBMITTED BY COUNCIL/AGENCY MEMBER SHIRLEY DETTLOFF: H-4. SUBMITTED BY COUNCIL/AGENCY MAYOR VIC LEIPZIG: H-5. SUBMITTED BY COUNCIL/AGENCY MAYOR PRO TEM DAVE SULLIVAN: a. (City Council) Measure C - (H.B. City Charter S. 612)Vote on New Maxwell's Restaurant Proiect (610.20) Recommended Action: Determine that Measure "C" (Huntington Beach City Charter Section 612) requires that the new Maxwell's Restaurant Project be placed on the ballot. 1` /14- J1011/v:�" (9) Page 10-CounciMgcncy Ag nda-6119/95 60) ' H-6. SUBMITTED BY COUNCIUAGENCY MEMBER RALPH BAUER: H-7. SUBMITTED BY COUNCIUAGENCY MEMBER TOM HARMAN: a. (City Council) Amend City Charter to Make Office of City Treasurer& City Attorney Appointive (620.20) Communication from Councilmember Harman regarding amending the City Charter to make the Offices of City Attorney and City Treasurer appointive rather than elective. Recommended Action: 1. Appoint a 3 person Council Committee to work with staff, to develop and implement the actions needed to forward to the Council the proposed change to the City Charter which, if approved by the Council, would be placed on the March, 1996 ballot. VO4: fie. CdN 77-ua,4y RipS rw4b AND /-- / G Q ��3�v H ltsi�h, S',, NZ) 2. DireCti4a_Cii~j Attorney's Office to draft the propo-s-dd-Gay.,Charter changes in the proper legal or nd approval, by first the vole: Te., Committee, and then the City Council as a whole. Q,,ova/� 4hsfa•n C'►���/'L°�SU/'t7� (!J^x.lod?S 4r_.bdn (/) d. (•2 } 6 " / �� ) b. (City Council) Adopt Procedures For Selection of a New City Treasurer (120.10) Communication from Councilmember Harman recommending that certain steps be taken at an early date to fill the Office of City Treasurer vacancy (occurring at the 9/16/95 retirement of City Treasurer Don Watson) in order to properly manage and protect the city's financial investments. Recommended Action: 1. Fill the vacant position of City Treasurer by appointment until the next general election. 2. With assistance from the current City Treasurer, develop a list of qualifications for candidates applying to fill this vacancy. 3. Direct the City Administrator to advertise the position, screen applicants, establish pay rate, and submit a list of final applicants to the City Council for selection of an individual to fill the position of City Treasurer. COUNCIUAGENCY ADJOURNMENT: Toil, July 5, 1995, at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, CA 92648. Council/Agency Agendas and Minutes are available at no charge to the public at the City Clerk's Office and by mail through paid-subs cription. Complete Agenda Packets available at Library and Library Annexes Friday prior to meetings. Video tapes of Council meetings available for checkout at Central Library at no charge. CONNIE BROCKWAY, CITY CLERK AJ���ri��r✓�� o A1,V City of Huntington Beach 2000 Main Street- Second Floor Huntington Beach, California 92648 6/19/95 4:08 PM (10) o..-._.-.... ._ ... ------ --- - - . -._..---- ...- _ — --------• - -- -- ... ........u. ' vote on development or disposition of these •�)Iic lands. t he amzndment specifically excludes ai -)tects existing leases,and forthcoming develur..,ent of the Huntington Central Park Library and on the city pier. This country was founded on the principal of government of the people,by the people, for the people. The charter amendment returns an important part of the city of Huntington Beach(its parks and beaches)to the people. Initiative Measure to Be Submitted Directly to the Voters The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: Title: A charter amendment to restrict the sale, lease,exchange and development of City owned or operated park and beach lands. Summary: This proposed ballot measure would amen_d section 612 of the City Charter to impose a restriction on the disposition and use of park and beach lands of the City. Any sale,lease or other disposition of park or beach lands would be subject to the prior affirmative vote of a majority of the members of the City Council and of the electors voting thereon at an election mandated by the measure. Such approval is also required prior to construction of any road,golf course,driving range,building larger than 3000 sq/ft in floor area or of any structure costing more than$100,000.00 within any City owned or operated park or beach. Existing leases,franchise and concession agreements and renewals of such agreements on parks or beach lands which are being performed on January 1, 1989,would be exempt from approval requirements. Petition for Submission to Voters of Proposed Amendment to the Charter of the City of Huntington Beach. To the city council of the City of Huntington Beach: We,the undersigned,registered and qualified voters of the State of California,residents of the City of Huntington Beach,pursuant to Section 3 of Article XI of the California Constitution and Chapter 2(commencing with Section 34450)of Part 1 of Division 2 of Title 4 of the Government Code,present to the city council of the city this petition and request that the following proposed amendment to the charter of the city be submitted immediately to the registered and qualified voters of the city for their adoption or rejection at a special election(per Elections Code 4010)on a date to be determined by the city council. The proposed charter amendment reads as follows: First. Section 612 of the City Charter is amended to read as follows: SALE PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or heareafter owned or operated by the City shall be sold, leased,exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. Second.The following additional paragraph is added to Section 612 of the City Charter: (b) No golf course,driving range,road, building over three thousand square feet in floor area nor structure costing more than$100,000.00 may be built on or In any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. Third. The following additional paragraph is added to Section 612 of the City Charter: (c) Section 612(a)and(b)shall not apply; 1. to libraries or piers; 2. to any lease,franchise,concession agreement or other contract where; --the contract is to perform an act or provide a service in a public park or beach AND —such ad was being performed or service provided at the same location prior to January 191989 AND —the proposed lease,franchise,concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. Fourth. The following additional paragraph is added to Section 612 of the City Charter: (d)If any section,subsection,part, subpart,paragraph,clause or phrase of this amendment,or any amendment or revision of this amendment,is for any reason held to be invalid or unconstitutional,the remaining sections,subsections,parts,subparts,paragraphs,clauses or phrases shall not be affected but shall remain in full force and effect. DECEIVED FROM 1 s IWO.- uND MADE APART OF THE—RECORD AI t HE COUNCIL MEETING OF S OFFICE OF THE CITY CLERK CONNIE 8ROQKWAY,CITY CLERK --- j f j I c�- 3 P,aC/Fic COAST ClrY LANDSCAPE yWy ' S/DEh'AL/f / LA/VOSC,4PE LANOSCA FEA'lE �� iY/AX�YELL S / S.raIRS UP I EsTAURANTj ST,o�Rs LO/s'ER _EVEL Ivor ro sc.9!E BEAChl /YDAD EXHIBIT A 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. The applicant shall receive final approval of building colors by the Design Review Board. b. Depict all utility apparatus, such as but not limited to back flow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the-Community-Development Director. The markings, indicating the size, model number and serial number shall be permanently affixed to the body of the backflow device and must remain visible after painting. c. If foil-type insulation is to be used, a fire retarding type shall be installed as approved.by the.Building-Department and indicated on the floor plans. d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. The site plan shall include(or reference page) all conditions of approval imposed on the project printed verbatim. f. The applicant owner shall demonstrate how 35 additional parking spaces will be provided to offset the proposed floor area for the restaurant. The applicant may take the following options: 1. Revise plans depicting 35 additional spaces; 2. Joint use of parking; 3. Identify and guarantee use of parking spaces off-site; or 4. Reduce the size of the building or area of intensity of uses within the building. 3. Prior to demolition, the applicant/owner shall complete the following: a. Historical documentation of the Maxwell's building shall be completed. The documentation shall include photographs and a written synopsis of the building's history. Copies of all documentation shall be submitted to the Department of Community Development for inclusion in the file. b. Excess soils shall be removed and disposed of at an approved location. PC Minutes- 1/24/95 7 (PCM022) A-5-HNB-95-098 Page 6 The existing Maxwell 's restaurant lease includes the top tier parking area of the beach parking lot. Under the current parking lot layout this area provides 77 parking spaces. With the changes that will occur with the Pier Plaza project, the number of parking spaces on that tier will be 62 spaces. The proposed project's lease area will remain the same as the existing Maxwell 's lease area, including the parking area. A restaurant has existed at the subject site since 1968, prior to effectiveness of the Coastal Act. Parking for the restaurant in this area is assumed to have occurred since that time. Considering .-the historic-use.-of this area for parking to serve the. restaurant. . it cannot-be_ considered to have provided beach use parking._ Consequently. the Commission-finds the continuation of this parking use does _ not d.isplat-e'existing_beach use parking. Therefore the area of the lease used for parking may continue to.. serve the restaurant. - This provides 62 -parking spaces. The Pier. Plaza project was approved by the Coastal Commission under-.coastal development permit no.._AS-HNB-94-135. Under that project there was a reduction of parking spaces av ailable'14 the parking lot on the south side of the pier, but- an'i ncrease...i n-parki ng-spaces-on'-the-no"rth si de- of the pier. The project created 'A-net increase of-'27 parking­ipices- -Hovever.­ iri approving the Pier-Plaza project, the Commission found that the additional 27 spaces were necessary to support the increased intensity of the project. Consequently, the additional 27 parking spaces provided with the Pier Plaza project cannot be used for the currently proposed Maxwell 's project. The`88...on-demand spaces as well as the shared use spaces.are. located .withi2 ' the public beach parking-lot; hich has been historically available to and usedd-by15each-goers:--Consequently.70i of­M e-spates would displace-- J� u LCP ed requ escthiteifaan{noceah"de parki nonis6remaved i tmusthe ibe,reclacedion_a • Y 9 p ..- one-for-one basl-s-i-n-an-area--chit-would'not result"in-loss of_sandy .beach area and within walkCi-ng`distance from the existing si-te. -_'Use *of spaces currently avaiIAl-i-to -the-beach goer would'be required to be replaced. The proposed project does not include replacement parking. Consequently, the 88 on-demand spaces, and shared_ use spaces within-the beach parking- lot-.cannot be used for restaurant use.. Therefore. the proposed project will only provide 62 .spaces_--., Given the project's parking. demand of 524 spaces, a parking shortfall ,of 462 spaces results. ----� The City's certified LCP allows a parking ratio of one space for every 100 square feet for restaurants within an integrated complex. It is possible that some patrons_of'Maxwel I s restauranfmay-al so se.6­1'Mo3i a at the theaters across the street, browse in the shops along Main Street or stroll along the ;pier in the same trip. Based on this it could be argued that it may be appropriate to apply the one space per 100joross 'quare feet parking ratio. If this ratio is used,-a parking demand of 314 spaces is generated. Even using the less restrictive parking ratio-the project would still have a parking shortfall of 252 spaces..----This. represents an.extreme._sho.rtage.of parking. This is especially important in light of the fact that the proposed project is located adjacent_to public beach parking.-,.lots. The lack of. parking provided would undoubtedly place.a very high demand -on--beach use parking. The project does not provide adequate parking .and consequently. continued public access is not assured Therefore. the Commission..finds-.thp proposed project as-approved by the City raises a substantial- issue with respect to the grounds upon which it was appealed: