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HomeMy WebLinkAboutResolution No. 2014-01 approving Local Coastal Program Amend _ Dept. ID PL 14-002 Page 1 of 2 Meeting Date: 1/21/2014 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 1/21/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: . Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building SUBJECT: Adopt Resolution No. 2014-01 approving Local Coastal Program Amendment (LCPA) No. 13-001 and forwarding Zoning Text Amendment (ZTA) No. 13-001 previously approved by the City Council to the California Coastal Commission requesting certification Statement of Issue: Local Coastal Program Amendment (LCPA) No. 13-001 forwards Zoning Text Amendment No. 13- 001 to the California Coastal Commission. Zoning Text Amendment No. 13-001 was approved by the City Council in October 2013 and amends the Downtown Specific Plan to prohibit the sale of alcohol for off-site consumption for any permitted use in District 1. LCPA No. 13-001 constitutes a minor amendment to the City of Huntington Beach certified Local Coastal Program. A public hearing was previously held for Zoning Text Amendment No. 13-001, thus, adoption of the resolution approving the LCPA is an administrative item that does not require a public hearing. Financial Impact: Not Applicable. Recommended Action: Approve Local Coastal Program Amendment No. 13-001 by adopting Resolution No. 2014-01 (Attachment No. 1), "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." Alternative Actiod(s): The City Council may take the following alternative action(s): 1. Deny Local Coastal Program Amendment No. 13-001; or, 2. Continue Local Coastal Program Amendment No. 13-001 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Location: Citywide— Coastal Zone HB -67- Item 5. - I Dept. ID PL 14-002 Page 2 of 2 Meeting Date: 1/21/2014 Local Coastal Program Amendment No. 13-001 represents a request to approve a resolution to forward to the California Coastal Commission Zoning Text Amendment No. 13-001 (Ordinance No. 4005), which amends the Downtown Specific Plan to prohibit the sale of alcohol for off-site consumption for any permitted use in District 1. B. BACKGROUND The City's Local Coastal Program consists of two parts: the Coastal Element and Implementing Ordinances. The Implementing Ordinances include the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and Specific Plans that encompass Coastal Zone property, including the Downtown Specific Plan, which is entirely within the Coastal Zone. Any changes to the Implementing Ordinances must be forwarded to the Coastal Commission as a Local Coastal Program Amendment. C. STAFF ANALYSIS AND RECOMMENDATION: The proposed LCPA represents a minor amendment to the City's certified Local Coastal Program. Zoning Text Amendment No. 13-001 was approved by the City Council in October 2013 and no coastal related issues were raised. Staff recommends that the City Council approve Local Coastal Program Amendment No. 13-001 because it will update the City's Local Coastal Program by incorporating a previously approved amendment to the Downtown Specific Plan, will not impact coastal resources or conflict with the Coastal Act, and will constitute a minor amendment to the City's Local Coastal Program. Environmental Status: Zoning Text Amendment No. 13-001 was analyzed pursuant to the California Environmental Quality Act (CEQA) and determined to be exempt. The adoption of a resolution to approve the proposed LCPA and forward to the California Coastal Commission for incorporation into the City's certified Local Coastal Program does not require additional environmental review. Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. 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." SH: MBB:JV:KDC Item 5. - 2 HB -68- 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. AA Mayor ATTEST: ROVED AS TO FORM: City Ctfk �ty Attorney REVIE APPROVED: INITIT TEp AND APPROVED: Ci 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 THE 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. a ayor ATTEST: INITIAT AN APPROVED: City Clerk Director of Planning and Building REVI AND APPROVED: APPROVED0A, TO FORM: C' AaUger Cc�tCity Attorney Exhibit A: Legislative Draft q n__ __- -- - -Exhibi-t-A -Re so-luti-on-_No.---2014-01 — -- STAF F,` O M E N DAT.I N z -ADMINISTRATION LEGISLATIVE 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 _. :A building or buildings designed with two or more dwelling units. Dwelling, single-unit A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate,unit, expect as permitted by this document. Attached single family dwellings-shall ` ', { x be considered as multi-family. - � Eating and drinking establishments :. { Businesses serving prepared food or beverages for consumption on or off the'premises. ThiLiigNip 3 . ' classification"shall prohibit the sale of alcohol for off-site consumption in"District,�. 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 r ' conducted fo:r the ur oses of holding the attention of gaining the attention of or divertm or . ; i P P g ,g g g < amusing guests or patrons including but not limited to: a Any amusement or event such as live music or other performance which is knowingly permitted by any establishment:subject to this chapter, including presentations by single • or multiple perform;er's, such as hypnotists, pantomimes, comedians, song or- ance acts, r plays, conkcerts,=any type of contest; sporting events, exhibitions,carnival`or circusacts, s demonstrations of talent or items for gift or sale;shows, reviews, and any other such activity 3 which maybe attended by members of the public.; ,. 1. ti b ,, Live or recorded music where public dancing is permitted:' ` ` c. Any event controlled; conducted, sponsored, encouraged,,or knowingly permuted, by an 'establishment subject to this chapter,which involves any of th3e activities described�in the foregoing paragraphs which is presented by members of the public,Whether or not thex: partie�pantsln said activities are compensated bythe establishment .YPyt�ie5?.2' " 'h.•,.. x ^t4 !d' t"d�y.. x,ry 449'�"A 4 x, sa § APw : HUNT1N?GTON: BgE c H � T N SPE eVi'C; PL N:aNO 5 s- . D0WNTObWN SPECIF"IBC, N Exhibit "A-"--..=;;Res ol uti on, No..--2014-01- , STAFF RECOMMENDATION z - ADMINISTRATION iLEGISLATWE 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 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. X : - - t k. Facade �` r The main face or front of a building. Feasible Capable of bung accomplished in a successful manner within a reasonable.period of time,q Nt takinginto account economic, environmental, social and technological factors Floor Area R atio (FAR) � x dk A number which indicates how manysquare feet of structure can be built on a site. FAR is µ determined by dividing the gross floor'area of all buildings on a lot by the area of that lot. Fly tower The structure and rigging behind and above the'stage in a performing arts theater. The purpose?e,.rAI of a fly tower'is a system to move set pieces, lights, microphones,and other equipiment on-roroff _. f s stage and to,I{ff ift or"fly"the scenery above the stage. k Food and beverage sales I 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 F , transactions are sales of prepared food for on-site�or,take-out,consumption shall be classified as�C6tering 56rvices`or Eating and Drinking Establishments. Food and beverage sales with f u alcoholic°beverage sales shall mean establishments-where more than ten percent of the floor; x area:'i`s"devoted to,sales, display.and storage of alcoholic beverage°(except'in`Distncti where: A - the safe of alcohol for off-site consumption is prohibited), , Fractional::ownershi Hotel P Facility providing overnight visitor accommodations where at least some of the guest rooms. u (units)within the'facility are owned separately by multiple owners on a fractional.time basis A ,} fractional time bans means that an owner receives exclusive right to use of the individual-unit fora.certain quantity of.days per year and each unit available for fractional ownership will have"I multiple owners. o -- `y - — 41s , V. #, ,. HUNTINGTxQ,N BEACH DOWNTO V SPECdFIC PL hk NO ° 5 D O W N T 01+� P'E�1I'4 .<s Xy�w,ins ��,"r "a. "ANY` A �CJc,�►..ber DA13�' y"�, _,_. Exhi-bit "A"--- -Resol uti-on-No- 2014-01- - STAFF RECOMMENDATION 3 - LAND USES & DEVELOPMENT STANDARDS Permitted Uses District 1* CUP CUP TUP Use* Permitted Permit from ZA from PC from ZA Accessory dwelling units Artists' studios' ✓ Banks and savings and loans branch offices Z ,/ Carts and kiosks 3 ,/ Commercial parking 4 ✓ Cultural institutions ✓ Eating and drinking establishments 5 ✓ 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 ✓ (hours of operation past 11 pm M-TH and/or 12 am Fri-Sun.) Eating and drinking establishments, with dancing ✓ i Eating and drinking establishments, with live ✓ entertainment Food and beverage sales, without alcoholic ✓ beverage sales �. Health and sports clubs ,/ Home occupations 6 ✓ Hotels, motels, and bed and breakfasts ` Live/work units Offices, business and professional$ ,/ Personal enrichment services 9 ✓ Personal services ✓ Public facilities ✓ Real estate businesses ✓ Religious assembly ✓ Multi-family housing, apartments, condominiums, ,/ and stock-cooperatives(up to 4 units) o- Multi-family housing, apartments, condominiums, ✓ and stock-cooperatives(more than 4 units) ., Single-family detached dwellings'° ,/ Retail sales ✓ Figure-3-23 Permitted Uses District 1 (I of 2) HUNTINGTON BEACH DOWNTOWN SPECIE''11 PLAN ' N,O. ` 5 DOWNTOWN SPECIFIC PLAN 3-43 ,w. "October 6,2011 _Exhibit- "A- Resol-uti-on No.- 20147-01.- -- _ i STAFF RECOMMENDATION 3 - LAND USES & DEVELOPMENT STANDARDS LEGISLATIVE DRAFT Permitted Uses District 1* Admin CUP CUP TUP Use* Permitted Permit from ZA from PC from ZA Retail sales, outdoor 12 Service stations 13 ✓ ✓ : Theaters ✓ Travel services ✓ *The sale of alcohol for off-site consumption is prohibited for any use in District 1. 1 Must include retail sales E With no drive through windows and not to exceed 5,000 square feet E 3 Pursuant to Section 230.94 of the HBZSO I 4 Not permitted on street level, street frontage for properties fronting Main Street and/or Pacific Coast I Highway. 5 Pursuant to Section 3.2.24 Outdoor Dining 6 Pursuant to Section 230.12 of the HBZSO 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. II • The non-residential area function shall be limited to the first or main floor only of the live-work unit. • A maximum of 5 non-residential worker or employees are allowed to occupy the non-residential A:Jii area at any one time. • Dwelling units that include an office that is less than ten percent of the area of the dwelling unit i shall not be classified as a live/work unit. $ 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 standards contained in the Residential Infill Lot Developments Ordinance in Section 230.22 of the HBZSO �I , display, �J +: with the .i, ,.f,r, ,.li er .+w meter- w:,i u� . ^J 12 Pursuant to Section 3.2.25. Outdoor Display Areas and Sales �i 13 With minimum 14,000 square feet of net lot area, subject to the development standards outlined in li Section 230.32 of the HBZSO and located only on Pacific Coast Highway between 7th Street and 9th Street Note: Projects with less than loo'fronta a and additions shall require a CUP from ZA. Projects with too'frontage or greater shall require a CUP from PC. Figure 3-23 Permitted Uses District 1 (2 of 2) HUNTIN`GeT'ON BEACH DOWNTOWN SPECIFIC :P-LAN 344 DOWNTOWN SPECIFIC PLAN t . Oa6ber 6,2011 Exhibit "A" - Resolution No. 2014-01 I Ord. No. 4005 i 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,iCITY CLERK of the City of Huntington Beach and ex-offcio 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, City Clerk Ck, Clerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California I 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 AW I City C rk and ex-officio C erk of the City Council of the City of Huntington Beach, California i i