HomeMy WebLinkAboutApprove Zoning Text Amendment No. 05-03 for the Crossings Sp � ry
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Approved ❑ Conditionally Approved ❑ Denied Ci ler Sign ure
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Council Meeting Date: 4/3/06 Department ID Number: PL06-04
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY'COUNCIL MEMBERS
SUBMITTED BY: PE^'dLOPE LBREETTH GR FT, I Y ADMINIST3jFOR
OR
'7`
PREPARED BY: PAUL EMERY, DEPUTY CITY ADMINISTRATOR
SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 05- HIE
CROSSINGS SPECIFIC PLAN (BELLA TERRA)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: ��i�ArvcE /�d, %3 w
On January 17, 2006, the City Council considered Zoning Text Amendment No. 05-03 and
Local Coastal Program Amendment No. 05-01 (Three Specific Plan Amendments), which
proposed to modify Specific Plan No. 4 (Huntington Harbor Specific Plan), Specific Plan No.
11 (McDonnell Centre Business Park), and Specific Plan No. 13 (The Crossings at
Huntington Beach — Bella Terra). Following discussion, a majority of the City Council
approved changes to the Specific Plan Amendments and asked that amended ordinances be
brought back for adoption.
On February 6, 2006, the City Council adopted ordinances for Specific Plan No. 4
(Huntington Harbor Specific Plan) and Specific Plan No. 11 (McDonnell Centre Business
Park - Boeing). Staff indicated that additional time was necessary to prepare the amended
ordinance for Specific Plan No. 13 (The Crossings at Huntington Beach - Bella Terra) in
order to include a legal description and limit the application of the amendment to the
Montgomery Ward's parcel ("Phase II").
On March 6, 2006, the City Council continued the adoption of the ordinances pending the
review of correspondence received from the special counsel to the developer of the Bella
Terra project. Transmitted for your consideration is the amended ordinance for Specific Plan
No. 13 (The Crossings at Huntington Beach - Bella Terra).
Funding Source: Not applicable
REQUEST FOR ACTION
MEETING DATE: 4/3106 DEPARTMENT ID NUMBER:PL06-04
Recommended Action: Motion to:
"Adopt Ordinance No. .32:,�gr_for Specific Plan No. 13 (The Crossings at Huntington
Beach - Bella Terra) as amended by City Council on January 17, 2006, by adding City
Council notification and appeal language (Zoning Text Amendment No. 05-03)
(ATTACHMENT NO. 1)."
Alternative Action(s):
1. "Adopt Ordinance No. 3 for Specific Plan No. 13 (The Crossings at Huntington
Beach - Bella Terra), deleting reference to Section 2.3 (Plan Review) and Section 2.4
(Parcel Maps) and directing staff to return to the City Council with amended language
addressing the intensification of use.
2. "Do not approve Ordinance No. , an Ordinance of the City of Huntington Beach
Amending Specific Plan 13 (The Crossings at Huntington Beach - Bella Terra) by adding
City Council notification and appeal language (Zoning Text Amendment No. 05-03)."
3. "Continue Ordinance No. 3U[( for Specific Plan No. 13 (The Crossings at Huntington
Beach - Bella Terra)"
Analysis:
On February 6, 2006, the City Council adopted ordinances for Specific Plan No. 4
(Huntington Harbor Specific Plan) and Specific Plan No. 11 (McDonnell Centre Business
Park — Boeing Specific Plan). Staff indicated that additional time was necessary to prepare
the amended ordinance for Specific Plan No. 13 (The Crossings at Huntington Beach — Bella
Terra) in order to include a legal description and limit the application of the amendment to the
Montgomery Wards's parcel (Phase II). The recommended action amends the specific plans
and provides notification and appeal authority to the City Council in three specific areas. The
proposed ordinance would require notification of Planning Director decisions on both phases
of Bella Terra but limit the appeal to certain conditions as stated below to Phase II only.
Minor Modifications to the Specific Plan (Section 2.0)
In the Bella Terra Specific Plan there is a list of uses that are permitted by right. The
Planning Staff, Planning Director, Planning Commission, or City Council has no ability to
deny an expressly permitted use unless the ordinance is amended. Conversely, there are an
endless number of uses that are not listed which are considered not permitted. An
automobile rental agency is not listed and not similar to other permitted uses; therefore, it
could not be approved legally by the Planning Staff, Planning Director, Planning Commission,
or City Council without an amendment to the specific plan. This amendment would require a
Zoning Text amendment and action by the Planning Commission and City Council.
-2- 3/21/2006 2:41 PM
REQUEST FOR ACTION
MEETING DATE: 4/3/06 DEPARTMENT ID NUMBER:PL06-04
Currently the Planning Director has discretion in the Bella Terra Specific Plan with respect to
approval of uses, which are deemed similar in nature to an expressly permitted use. For
example, if a property owner inquires about proposing a live theater, arguing that it is similar
to a movie theatre, which is an expressly permitted use, the decision to permit a live theater
would be a minor modification to the Specific Plan that the Planning Director could approve.
With the new language as it pertains to the Montgomery Ward's parcel ("Phase II"), a ten-day
appeal period would be required prior to finalizing the decision and it could be appealed to
the City Council by a Council Member.
Site Plan Review (Section 2.3)
Currently the Planning Director has discretion in the Bella Terra Specific Plan to approve
changes in use that do not intensify the use. For example, a business owner would propose
opening a sandwich shop with seating in a suite that was previously occupied by a retail use.
The Planning Director would make a determination of intensification of use and may require
the business owner to go through the process of preparing site plans with the ultimate goal of
receiving approval of his Site Plan Review from the City and Health Department. Currently,
the applicant could obtain building permits and commence construction once Site Plan
Review approval is granted. With the new language as it pertains to the Montgomery Ward's
parcel ("Phase II"), a ten-day appeal period would apply and the site plan can be appealed to
the City Council by a Council Member.
Another example might be, an applicant proposes construction of a new ATM machine.
Currently, if the Director determines that this use is an intensification of use then a Site Plan
Review would be required. When City Staff approves the Site Plan it would be subject to an
appeal by a City Council Member as it pertains to the Montgomery Ward's parcel ("Phase II").
This appeal would be based on the application of planning standards to the Site Plan,
including landscaping, fencing and signage. If it is determined by the Planning Director that
the new use is not an intensification of use then no site plan review is required and the
applicant can obtain permits for construction. There is no notification or appeal by the City
Council.
It is the determination of the Planning Director that an amended use is or is not an
intensification of use and whether a site plan is required. The proposed appeal language
does not address the determination of intensification of use by the Planning Director.
Parcel Maps (Section 2.4)
Currently Parcel Maps are reviewed and approved by the Planning Director and City
Engineer. As proposed in the amended specific plan the approval of the parcel map would
now include notification and appeal authority by the City Council. Parcel maps do not
provide authority of use.
At the February 6, 2006 City Council meeting, there was significant discussion relative to only
inserting the notification and appeal language into sections of the Bella Terra Specific Plan
that dealt with "use" in "Phase II". The current proposed ordinance addresses permitted use
in Section 2.0 however it does not address the determination of intensification of use in
-3- 3/21/2006 2:41 PM
REQUEST FOR ACTION
MEETING DATE: 4/3/06 DEPARTMENT ID NUMBER:PL06-04
Section 2.3. Should the City Council only wish to address "use" in "Phase II" then the
adoption of the ordinance amending Section 2.0 and directing staff to return to the City
Council with amended language for Section 2.3 would be the appropriate action. There is no
"use" approved within Section 2.4, this section can be completely removed if the City Council
only wants notification and appeal on "use". This action would be accomplished by
approving Alternative Action No. 1.
With this new appeal language as proposed, should the City Council choose to appeal under
any of the three sections of the Specific Plan, there could be up to 60 days added to the
approval process. This 60 days is based upon the ten-day appeal period, receipt of an
appeal, notification requirements (mailing labels, property ownership verification with County
Tax Assessor Rolls, and radius map), legal notices, report preparation, analysis, findings,
conditions, review, and publication.
The special counsel to the developer, in a letter dated March 6, 2006 (attached), has
proposed modifying the specific plan by amending the language within Section 2.0 to capture
all land use changes in Phase II, including those minor in definition, and reclassify them as
major. This would then require that all land use changes major or minor be subject to appeal
by the City Council and, as proposed by the special counsel, determined final by the action of
the Planning Director unless appealed to the City Council by the applicant or a City Council
member. Special counsels proposal would then eliminate the requirement of a Zoning Text
Amendment and action by the Planning Commission and City Council for all major
modifications that is currently present in the Specific Plan.
The changes proposed by the special counsel are not reflected in the recommended action
and could only be accomplished by directing staff to return with an amended draft Specific
Plan.
Environmental Status: The proposed zoning text amendment is categorically exempt
pursuant to City Council Resolution No. 4501, Class 20, which supplements the California
Environmental Quality Act.
Attachment(s):
NumberCity Clerk's
Page Description
1. Ordinance No. `3Ur for Specific Plan No. 13 (The
Crossings at Huntington Beach — Bella Terra) with Legislative
Draft Attached.
2. "Phase II" Map and Legal Description
3. Letter from Special Counsel to the Developer dated March 6,
2006.
-4- 3/21/2006 2:41 PM
ATTACHMENT # 1
ORDINANCE NO. 3 7 2 8
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SPECIFIC PLAN 13
(THE CROSSINGS AT HUNTINGTON BEACH SPECIFIC PLAN)BY ADDING CITY COUNCIL
NOTIFICATION AND APPEAL LANGUAGE TO SECTIONS 2.0-ADMINISTRATION, 2.3 -
SITE PLAN REVIEW AND 2.4 PARCEL MAPS(ZONING TEXT AMENDMENT NO. 05-03)
WHEREAS, pursuant to 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. 05-03, which amends Specific Plan 13 (The Crossings
at Huntington Beach Specific Plan)by adding City Council notification and appeal language to Sections
2.0-Administration, 2.3-Site Plan Review and 2.4-Parcel Maps; 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 Specific Plan 13 (The Crossings at Huntington Beach Specific Plan)is
hereby amended as noted in Exhibit A, amended Specific Plan 13, incorporated by reference and
attached hereto.
Section 2. This ordinance shall take effect thirty 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 17 tg day of April ,200__6 _-
Mayor
REVIEWED AND APPRO APPROVED AS TO FORM:
City lls�t,�AorZ ("Ii,Attorney 2 3 O(o
INITIATED AND APPROVED:
d'-1 4!2��
Director of Planning
ATTACHMENTS:
Exhibit A: Amended The Crossings at Huntington Beach Specific Plan
oboraic—,,,g
require a Zoning Text Amendment and action by the Planning
Section Two Commission and City Council.
IMPLEMENTATION The action by the Planning Director shall be final,
except that in the Area of the Specific Plan described'
2.0 ADMINISTRATION as Phase II (see Map in Appendix D), the Planning
Director's decision shall be final unless appealed to
The City's Planning Director shall administer the provisions of the City Council by the applicant or a City Council
the Crossings at ' Huntington Beach Specific Plan in member within ten calendar days of written
accordance with the State of California Government Code,
Subdivision Map Act, the Huntington Beach Municipal Code, notification by the Planning Director.
and the City's General Plan.
The Specific Plan development procedures, regulations,
standards and specifications shall supersede the relevant 2.1 DEVELOPMENT CONSTRUCTION PHASING PLAN
provisions of the City's Zoning Code (Huntington Beach
Zoning and Subdivision Ordinance) as they currently exist or The proposed Specific Plan project is anticipated to occur in
may be amended in the future. Any development regulation one (1) phase. The existing Village Retail (Barnes & Noble,
and building requirement not addressed in the Specific Plan Staples, and Circuit City) and any remaining Department
shall be subject to the City's adopted regulations in place at Stores (such as, Burlington Coat Factory, Montgomery Wards,
the time of an individual request. or Mervyns) will receive major exterior renovation, new
enhanced paving, and landscaping. The demolition,
The Specific Plan may be amended. The Planning Director infrastructure and utility work of the new construction, will
shall have the discretion to determine if requests for be scheduled and built such that the remaining center
modification to the Specific Plan are minor or major. remains in operation with minimum inconvenience to the
remaining tenants. Construction is anticipated to take 18-24
Minor modification is a simple amendment to the exhibits months from start of demolition.
and /or text, and determination of similar land uses as
described on Exhibit 11A, Permitted Uses Chart 2.2 METHODS AND PROCEDURES
which does not change the meaning or intent of the Specific
Plan. Minor modifications may be accomplished The methods and procedures for implementation of the
administratively by the Director with written notification a Specific Plan shall be on a project by project basis. The
r€perl to the City Council, Planning Commission, and Ci adoption of the Specific Plan alone will not require
infrastructure improvements to the project area. Physical
Administrator. Major modifications are amendments to the improvements will only coincide with the commencement of
exhibits and/or text which are intended to change the the first project and approval of a Site Plan Review. The
meaning or intent of the Development Concept, Design Specific Plan is a regulatory document and is not intended to
Guidelines, or Development Regulations. Major modifications be a Development Agreement.
15
2.3 SITE PLAN REVIEW The Planning Director has the authority to approve,
conditionally approve, or deny a Site Plan Review with
All new projects within the Crossings at Huntington Beach Written notification to the City Council and Ci
Specific Plan project area shall be implemented through a Site Administrator. A Site Plan Review application may also,
Plan Review process. A Site Plan Review shall be required for require analysis and comments from various departments of
all new development activity, with the exception of interior the City. In order to approve a Site Plan Review application,
improvements, general maintenance and repair or other the Planning Director shall make the following findings:
minor construction activities that do not result in an
intensification of the use. These exceptions may be subject to The request is consistent with the City's General Plan
other Building and Public Works permits and approvals prior and all applicable requirements of the Municipal
to commencement. Code; and
Application to the City for a Site Plan Review shall include a The requested activity will not be detrimental to the
narrative of the proposed activity along with preliminary general welfare of persons working or residing in the
development plans and drawings. The narrative shall consist vicinity nor detrimental to the value of the property
of a project description identifying the intended services and improvements in the neighborhood;and
offered with square feet,hours and days of operation, number
of employees, and other information as appropriate. The requested activity will not adversely affect; the
Supplemental to the application submission, project plans Circulation Plan;and
shall be prepared including the following preliminary plans:
site plan, floor plans, elevations, landscaping, grading, The requested activity will comply with the provisions
fencing and signage plans; other plans may be required of the Crossings at Huntington Beach Specific Plam and
depending on the complexity of the project. The entire parcel o
n
shall be plotted with dimensions and all pertinent data and other applicable regulations or special conditions
of the project. a.
include dimensions to the nearest intersecting public street required
and identify all street names. In addition, all existing and The action of the Planning Director shall be final unless
proposed physical features and structures on the subject appealed t^ the Panning Commission to the City Council l�
property and abutting properties shall be plotted. 1
by the applicant submitting a Site Plan Review application, or
The application shall also include a legal description of the for the Area of the Specific Plan described. as Phase II
property, identification of the uses for each room on the floor (see Map in Appendix D), appealed to the QW
plans and a list of all the building materials and exterior Council by the applicant or a City Council member,
colors. An application fee for this service shall be established within ten calendar days of action of wriMn notification
by a separate resolution of the City Council.
by the Planning Director. Such Appeals for a Site Plan
Review shall be subject to the procedures outlined in the
City's Zoning and Subdivision Ordinance.
16
A Site Plan Review approval shall be valid for a period of one In order to approve the Tentative Map the Planning Director
year. Additional one year extensions may be requested for a shall make the following findings:
maximum of two years. Such an extension request must be
made in writing by the original applicant, property owners, • The proposed Tentative Map is consistent with
and/or authorized designee, a minimum of thirty days prior the General Plan, Specific Plan, and all other'
to the expiration of the current approval. If construction applicable provisions of the City's adopted
activity does not commence within the approval or extension codes and regulations;and
period,the entitlement shall be terminated.
All final decisions on site plan review proposals shall be the • The site is physically suitable for the type and
density of development proposed;and
responsibility of the Planning Director3 subject to appeal,
as stated above. • The design of the subdivision or the proposec
improvements will not cause serious health
problems or substantial environmental damage
2.4 PARCEL MAPS or substantially and avoidably injure fish or
wildlife or their habitat;and
The project area may be subdivided through a Parcel Map
process. Parcel Maps shall be prepared consistent with the • The design of the subdivision or the type- of
Mater Plan Concept to facilitate development. These maps improvement will not conflict with easements
shall identify the infrastructure and improvements acquired by the public at large, for access
necessary to support the anticipated projects, subject to through or use of, property within the
review by the City's Public Works and Fire Departments. proposed subdivision unless alternative
easements, for access or for use, will be
Upon recordation, Parcel Maps may be further divided provided. a
and/or adjusted by filing a subsequent Parcel Map or a Lot '
Line Adjustment, pursuant to the provisions of the The action by the Planning Director shall be final,
Subdivision Map Act. A Tentative and Parcel Map may be cv
ribed
except that in the Area of the Specific Plan desc
approved, or conditionally approved by the Planning as Phase II (see Map in Appendix D), the P(a.nninQ ..�
Director and the City Engineer,with written notification Director's decision shall be final unless a sled to
to the City Council and City Administrator providing
the proposal is found to be in compliance with the Specific the City Council by the applicant or a City Council
Plan member within ten calendar days of written
notification by the Planning Director.
17
2.5 REUSE/CHANGE OF USE REVIEW the environment, and facilitate innovative quality
architectural design with an adaptation to the surrounding
Any proposal to reuse and/or change the use of a previously environment.
approved and constructed development, within the project
area, will be subject to additional review by the Planning Deviations pertain only to the Development Regulations of the,
Department. The additional review will follow the same Specific Plan and may be granted at the time of Site Plan
procedures outlined in the Site Plan Review process. A "like Review for special circumstances and/or unique architectural
for like" change of use shall only be subject to the features.
requirements for a new certificate of occupancy; however any
new construction beyond that shall require a new Site Plan Requests for Deviation may include but are not limited to
Review. In addition any proposed physical modifications to building height, setbacks, open space, parking, and
the existing structure and/or site shall be subject to additional landscaping. Deviation requests, up to ten (10) percent of any
review and approval of the Planning Director prior to the single standard, may be considered by the Planning Director.
issuance of building permits. The Planning Director may refer Deviations greater than ten (10) percent must be approved by
individual projects to Design Review Board for review and as a Variance application before the Zoning Administrator,
final arbiter of compliance with the Specific Plan. Any subject to the procedures outlined in the City's Zoning and
decision by the Planning Department may be appealed within Subdivision Ordinance. Development and construction
ten calendar days to the Planning Commission. phasing of selected provisions and features may be approved
by the Director concurrent with a Site Plan Review and shall
2.6 ENVIRONMENTAL DETERMINATION not require a Request for Deviation or Variance to the Specific;
Plan.
The Zoning and Development Standards of all anticipated
development activity for the Crossings at Huntington Beach Deviations shall be allowed when, in the opinion of the o
area have been identified in the Specific Plan. Development Planning Director, significantly greater benefits from the a
project requests shall be subject to environmental review as project can be provided than would occur if all the minimum
mandated by the California Environmental Quality Act requirements were met. Some additional benefits which may
(CEQA). The Planning Director shall impose any applicable make a project eligible for consideration include:greater open 00
environmental mitigation measures, as specified in the space, greater setbacks, unique or innovative designs, public
environmental -analysis, as conditions of approval on open space, and the use of energy conservation or innovative
individual Site Plan Reviews. Such conditions of approval technology. The Planning Director may approve the Request
shall describe the time period and manner in which the for Deviation in whole or in part upon making the following
mitigation measure must be satisfied. findings.
2.7 REQUEST FOR DEVIATION Promotes better design, environmental and land
planning techniques and contribute to the economic
The Crossings at Huntington Beach Specific Plan viability of the community, through aesthetically
Development Regulations are intended to encourage projects pleasing architecture, landscaping and site layout;
which create an aesthetically pleasing appearance, enhance and
18
S'
• Will not be detrimental to the general health, welfare, phrases, portions or any future amendments or additions
safety and convenience of the neighborhood or City in thereto may be declared invalid or unconstitutional.
general, nor detrimental or injurious to the value of
property or improvements of the neighborhood or of the
City in general;and
• Is consistent with objectives of the Specific Plan in
achieving a project adapted to the area and compatible
with the surrounding environment;and
• Is consistent with the goals and policies of the City's
General Plan, and comply with State and Federal Law.
2.8 SPECIFIC PLAN AMENDMENTS
Specific Plan Amendments, other than a Minor Modification
as previously described (Section 2.0), shall be made through
the Zoning Text Amendment process; subject to consideration
and approval of the Planning Commission and City Council in
accordance with the provisions of the Huntington Beach
Zoning and Subdivision Ordinance. Such Amendments may
include changes to the Development Concept, Design o
Guidelines policies and the introduction of alternative n
Development Regulations. ¢'
w
2.9 SEVERABIIM
N
00
If any section, subsection, sentence, clause, phrase, or portion
of this title, or any future amendments or additions hereto, is
for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
title, or any future amendments or additions hereto. The City
hereby declares that it would have adopted these titles and
each sentence, subsection, clause, phrase, or portion or any
future amendments or additions thereto, irrespective of the
fact that any one or more sections, subsections, clauses,
19
Ord. No. 3728
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 re ular
meeting thereof held on the 3rd day of April,2006,and was again read to said City
Council at a regular meeting thereof held on the 17th day of April, 2006, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Bohr, Green, Coerper, Hardy, Cook
NOES: Sullivan, Hansen
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
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on April 27,2006
In accordance with the City Charter of said City
CiIVClerk and ex-officio Ark
Joan L. Flynn, City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
1
ATTACHMENT #2.
APPENDIX D
LEGAL DESCRIPTION of PHASE II:
Parcel t of Parcel Map No.85-200,as shown on a map therefor recorded in Book 255,
Pages 40 through 45,inclusive,of Parcel Maps in the Office of the County recorder of
said County.
MAP of PHASE II Area:
CENTER AVE.
p_-A—
lioi _gw"_s__yt.:"uai.:r.�.c':.vr� rer+e„u•_ �g:_ Q,. 17
i lei,
.aF ,
rt R
_ £.—a+:c�..w�.u,,.._.— _ _ tip M•Kere.r yx.^.__.��'�le.,�rxe.�.;.�a r S{'�
EDINGER AVE.
a
APPENDICES (Volume Two)
A— Legal Description
B— General Plan Consistency
C— Sign Standards
D—Legal Description and Map of Phase II Area
List of Exhibits
Exhibit 1 Vicinity Maps .9
Exhibit 2 Aerial Photograph 10
Exhibit 3A Illustrative Conceptual Master Plan 21
Exhibit 3B Illustrative Conceptual Master Plan 22
Exhibit 4A Pedestrian Plaza/Walkways Plan 26
Exhibit 4B Pedestrian Plaza/Walkways Plan 27
Exhibit 5A Circulation Plan 29
Exhibit 5A Circulation Plan 30
Exhibit 5B Circulation Plan 31
Exhibit 5B Circulation Plan 32
Exhibit 6A Common Area Locations 45
Exhibit 6B Common Area Locations 46
Exhibit 7 Color and Materials of Common Areas 50-51
Exhibit 8 Typical Tenant Storefront 58
Exhibit 9A Landscape Concept Plan 63
Exhibit,913 Landscape Concept Plan 64
Exhibit 10 Plant Materials Palette 67
Exhibit I IA Permitted Uses Chart 75
Exhibit 11 B Temporary and Seasonal Events Chart 76
Exhibit 12, Development Regulations Chart 77
Exhibit 13 Parking Standards and Details 78
Exhibit 14 Development Regulations Check List 80
New building construction of the following uses and facade improvements to existing buildings shall be permitted within the Crossings at
Huntington Beach Specific Plan subject to review and approval of a Site Plan Review by the Planning Director. Other changes in occupancy,
such as, like for like tenant changes, new tenants established within existing buildings, and/or intensification of tenant uses shall be subject
to building permit plan check review to verify compliance with parking and the Specific Plan review:
Mas
ti.
„�pa.;,•;.'«,i.,,,fit'
y
Aquarium Day Care Facilities
Banks and other financial institutions Government Offices
* Commercial recreation and live entertainment Public Safety Facilities
Food Markets (Specialty Markets-max. 10,000 s . ft.) Utilities and Communication Facilities
General Retail Parking
Day Spa -surface
Hotels Motels -structured
Movie Theaters -valet
Restaurants
-with outdoor dining
- with alcohol sales
-*with live entertainment and dancing
- drive-through bake (limited to one location)
Personal Services
OFFICE
Business and Professional
OTHER PERMITTED RETAIL
Car stereo and alarm installation,if integrated into an
anchor/major retail building and located within a building
Portable carts and kiosks
Note:Other similar uses maybe permitted subject to review by the Planning Director;except in Phase 11 (see Map in
Appendix D) of the Specific Plan review shall be pursuant to Section 2.0 of the Specific Plan.
*Requires an entertainment permit
Permitted Uses Chart
Exhibit 11 A
• 75
ATTACHMENT #3
y�n y� �
Atlanta McKenna Long San Diego
Denver &A1&idgeu.P San Francisco
Attomeys at taw .
Los Angeles 444 South Flower Street•Suite 800•Los Angeles, CA 90071-2901 Washington,DC
213.688.1000•Fax: 213.243.6330
Philadelphia www.mckennalong.com Brussels
JAMES C.HUGHES email address
(213)243-6130 JHlJGHES@MCKENNALONG.COM
March 6, 2006
Via E-Mail and Hand Delivery
Honorable Mayor and Councilmembers
City Council
City of Huntington Beach
Huntington Beach Civic Center
2000 Main Street
Huntington Beach, CA 92648
Re: Specific Plan No. 13
Item H-1, March 6, 2006 City Council Hearing
Proposed Zoning Text Amendment No. 05-03 ("ZTA 05-03")Re SP 13
Ladies and Gentlemen:
We are special counsel to Huntington Center Associates, LI.0 ("HCA"), the developer of
the Bella Terra Shopping Center("Bella Terra") and Bella Terra Associates(`BTA"), present
owner of Bella Terra. As you know, Snyder Huntington Development, LLC ("Snyder") is
HCA's construction manager for the on-going Bella Terra completion work.
You have been provided by the City Administrator with proposed revisions to Specific
Plan No. 13 ("SP 13") for your consideration in her Request for City Council Action prepared by
Deputy City Administrator Emery. We believe the proposed changes to SP 13 go beyond the
Council's request and action on January 17th and will pose a significant and discriminatory
hardship on Phase II of the property governed by SP 13 (the "Phase II Property"). Our proposal
below includes substitute language and revisions of SP 13 that we believe may resolve the
problem.
Council January 17th Action:
At the January 171h Council hearing, after recent review of that hearing, it is clear to us
that the motion approved by the Council authorized SP 13 revisions relating to land use changes
to the Phase II Property. In framing her motion, Councilmember Green specifically disclaimed
any interest in reaching minor matters, as we advised in our February 14th correspondence to the
City Attorney:
Honorable City Council
March 6, 2006
Page 2
On January 17th, the City Council voted to approve Councilmember's Green
motion to amend Specific Plan 13, "...to focus on [City Council] appeal of the
Bella Terra project only as regards to the Montgomery Wards site with regards to
shops, restaurants and entertainment and to accomplish that appeal process as
quickly as [the City] can...." In subsequent clarification of her motion,
Councilmember Green added that she "...does not want to get involved in
landscaping, curb, gutters or sidewalks or any of the rest of it...."
SP 13 Revisions Proposed by City Administrator:
{
The proposed revisions to Section 2.0 of SP 13 make all determinations of the Planning
Director for the Phase Il Property subject to Council appeal,whether minor or major. By
including similar land use changes within the definition of minor modifications, the City
i Administrator attempts to justify the Council's appeal of all minor modifications. The City
Administrator's changes to SP 13 are as follows (shown in bold italics):
Minor modification is a simple amendment to the exhibits and/or text, and
determination of similar land uses as described on Exhibit l lA,Permitted Use Chart
{ which does not change the meaning or intent of the Specific Plan. Minor modifications
may be accomplished administratively by the Director with written notification to the
City Council,Planning Commission, and City Administrator. Major modifications are
amendments to the exhibits and/or text which are intended to change the meaning or
intent of the Development concept, Design Guidelines, or Development Regulations.
Major modifications require a Text Amendment and action by the Planning Commission
and City Council.
The action by the Planning Director shall be final, except that in the Area of the
Specific Plan described as Phase II(see May in Appendix D), the Planning Director's
decision shall be final unless appealed to the City Council by the applicant or a City
Council member within ten calendar days of written notification by the Planning
Director.
Our Alternative Proposal:
We believe it is possible to reach the Council's objectives regarding land use control of
the Phase 11 Property without capturing all minor modifications within the dragnet of Council
appeal. It is essential that construction and other non-land use change minor modifications (i.e.,
Councilmember Green's "...landscaping, curb, gutters or sidewalks or any of the rest of it...")
not be delayed or be made subject to a political process. We propose that land use changes to the
Phase 11 Property be excluded from the definition of minor modifications. All Phase II land use
changes would be included within major modifications which will require Council review. Our
language is as follows:
Minor modification is a simple amendment to the exhibits and/or text, excluding all
changes in land uses not expressly described and permitted under Exhibit MA,
Honorable City Council
March 6, 2006
Page 3
Permitted Use Chart and all determinations of similar uses as described on Exhibit
MA, Permitted Use Chart, which does not change the meaning or intent of the Specific
Plan. All land use changes from those expressly described and permitted under Exhibit
MA, Permitted Use Chart and determinations of similar uses as described on Exhibit
]]A, Permitted Use Chart shall be excluded from the definition of minor modifications
and shall be included within the definition of major modifications below, whether or
'f not such land use changes or determinations of similar uses change the meaning or
intent of the Specific Plan. Minor modifications may be accomplished administratively
by the Director with a report to the City Council, Planning Commission, and City
Administrator. Major modifications are amendments to the exhibits and/or text which are
intended to change the meaning or intent of the Development Concept, Design
Guidelines, or Development Regulations; including all land use changes from those
expressly described on Exhibit]]A,Permitted Use Chart and determinations of similar
uses as described on Exhibit]]A,Permitted Use Chart. Major modifications require a
Text Amendment and action by the Planning Commission and City Council.
The action by the Planning Director shall be final, except that in the Area of the
Specific Plan•described as Phase II(see May in Appendix D), the Planning Director's
decision,shall be final with respect to major modifications only unless appealed to the
City Council by the applicant or a City Council member within ten calendar days of
written notification by the Planning Director.
Additional Considerations
In addition, it is essential to the financeabilty and marketability of the Phase II Property
(which result in higher property values affording greater property tax and sales tax-generation for
the benefit of the City)that the Site Plan Review and Parcel Map processes -- which do not
permit or entitle uses—not be encumbered by the Council appeal process.
Thank you for your consideration. We look forward to discussing this with you at
tonight's hearing.
Respectfully submitted,
es C. Hughes
of
McKenna Long & Aldridge LLP
cc: distribution list
Honorable City Council
March 6, 2006
Page 4 .
distribution list:
City Administrator Penny Culbreth-Graft
City Attorney Jennifer McGrath
Mr. Lindsey Parton
Mr. Bryan Ezralow
Mr. Milt Swimmer
i
RCA ROUTING SHEET
INITIATING DEPARTMENT: ADMINISTRATION
SUBJECT: Zoning Text Amendment No. 05-03 for The Crossings
Specific Plan (Bella Terra)
COUNCIL MEETING DATE: April 3, 2006
`` RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Attached ❑
Contract/Agreement (w/exhibits if applicable) Not Applicable
(Signed in full by the City Attorney)
Attached ❑
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attorney)
Certificates of Insurance (Approved b the City Attorney) Attached ❑
( pp Y Y Y) Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable
Attached ❑
Bonds (If applicable) Not Applicable
Attached ❑
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Re ort If applicable Attached El
p ( Pp ) Not Applicable
Attached ❑
i Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING;AT.TACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) ( WAD )
Assistant City Administrator Initial 9L
City Administrator Initial
City Clerk ( )
�EXPLANATION FOR RETURN OF ITEM::_
Only)(Below Space For City Clerk's Use
RCA Author: PE
Atlanta McKenna Long; San Diego
Denver &Aldfi1,.i�LLLP San Francisco
Attorneys at Law
Los Angeles 444 South Flower Street-Suite 800-Los Angeles,CA 90071-2901 Washington,D.C.
Tel:213.688.1000 - Fax:213.243,6330
Philadelphia www.mckennalong.com Brussels
JAMES C.HUGHES email address
(213)243-6130 JHUGHES@MCKENNALONG.COM
April 3, 2006
Via E-Mail and By.Hand
Honorable Mayor and City Council
City of Huntington Beach
City Hall
2000 Main Street
Huntington Beach, CA
Re: Bella Terra Shopping Center
Specific Plan No. 13
Proposed Zoning Text Amendment 05-03 to Specific Plan No. 13
Today s City Council Hearing
Ladies and Gentlemen:
As you know, w are counsel to Bella Terra Associates ("BTA"), current owner of the
Bella Terra Shopping Center(`Bella Terra") and Huntington Center Associates, LLC ("HCA"),
the former owner and party completing Bella Terra.
At the Council's March 6th meeting, the Council voted to continue consideration of'LTA
05-03 based on correspondence submitted by us that identified various issues of concern to the
developer. We also suggested some initial approaches to alternative revisions to SP 13. We
understood the Council to direct the City Administrator and Staff to work with the developer and
us to identify, evaluate and respond to these concerns in further refined revisions to SP 13.
Deputy City Administrator Paul Emery and I spoke briefly and inconclusively on March
160'about my correspondence. I considered this an initial starting point for our discussions,
since Mr. Emery merely listened to my identification of the developer's concerns and several
potential methods of addressing them including open issues. I indicated in this conversation that
I looked forward to further discussion with Mr. Emery or review of new City-drafted revisions to
SP 13. On March 29th,having heard nothing from Mr. Emery or the City, I e-mailed the City
and received a copy of the March 22nd RCA in response.
The March 22nd RCA submits to you for consideration this evening the exact same
revisions as were presented to you on March 6th. Not one change responding to our comments
has been made in ZTA 05-03. In the discussion on page 4 the RCA regarding my (special
L
City Council—Huntington Beach
April 3, 2006
Page 2
counsel's) requested changes, Mr. Emery indicates, "...(t)he changes proposed by special
counsel are not reflected in the recommended action and could only be accomplished by
directing staff to return with an amended draft Specific Plan." We understood the Council to
direct Staff to do exactly that--to discuss with the developer the concerns indicated in our
March 61h correspondence and formulate new text for ZTA 05-03 that would permit submission
of new revisions to SP 13 which be mutually acceptable to the City and the developer. For
reasons unknown to us,this never happened.
Moreover, the RCA mischaracterizes our changes as requesting all land use changes be
considered major modifications requiring ZTA approval. In fact, I specifically discussed the
opposite with Mr. Emery. I suggested to him that certain Iand use approvals not properly
considered major modifications but of concern to the City Council (for example,the initial uses
on Phase 11)could be handled as being subject to Council approval without classifying them as
major modifications requiring approval of a ZTA.
Based on the foregoing, we respectfully request you approve continuation of this item
consistent with your direction of March 6ch. We also request you clarify today the steps you
require Staffto take to accomplish your objectives. Our March 61h comments are incorporated
by reference.
Thank you for your consideration.
IRespectfully submitted
na I� .
J es C. Hughes
of
McKenna Long&Aldridge LLP
cc: Mayor Dave Sullivan
Mayor Pro Tem.Gil Coerper
Councilmember Keith Bohr
Councilmember Debbie Cook
Councilmember Cathy Green
Councilmember Don Hansen
Councilmember Jill Hardy
City Administrator Penny Culbreth-Graft
City Attorney Jennifer McGrath
Mr. Bryan Ezralow
Mr. Lindsey Parton
Mr.Milton Swimmer
RECEIVED
2006 FEB 23 PM 3: I'4
Council/Agency Meeting Held: 106 "1 C s ;
eferred ontinued to: U��`,
❑ Approved ❑ Conditionally Approved ❑ Denied zawyCity rk's AignatLu
-T
Council Meeting Date: 3/6/06 Department ID Number: PL06-04
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PEN PE &LBR� OFCITYADMINIST
PREPARED BY: PAUL EMERY, DEPUTY CITY ADMINISTRATOR
SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 05-03 FOR THE
CROSSINGS SPECIFIC PLAN (BELLA TERRA)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
On January 17, 2006, the City Council considered Zoning Text Amendment No. 05-03 and
Local Coastal Program Amendment No. 05-01 (Three Specific Plan Amendments), which
proposed to modify Specific Plan No. 4 (Huntington Harbor Specific Plan), Specific Plan No.
11 (McDonnell Centre Business Park), and Specific Plan No. 13 (The Crossings at
Huntington Beach — Bella Terra). Following discussion, a majority of the City Council
approved changes to the Specific Plan Amendments and asked that amended ordinances be
brought back for adoption.
On February 6, 2006, the City Council adopted ordinances for Specific Plan No. 4
(Huntington Harbor Specific Plan) and Specific Plan No. 11 (McDonnell Centre Business
Park Boeing). Staff indicated that additional time was necessary to prepare the amended
ordinance for Specific Plan No. 13 (The Crossings at Huntington Beach - Bella Terra) in
.order to include a legal description and limit the application of the amendment to the
Montgomery Ward's parcel ("Phase I I").
Transmitted for your consideration is the amended ordinance for Specific Plan No. 13 (The
Crossings at Huntington Beach - Bella Terra).
Funding Source: Not applicable
REQUEST FOR ACTION
MEETING DATE: 316/06 DEPARTMENT ID NUMBER:PL06-04
Recommended Action: Motion to:
"Adopt Ordinance No. �1 aV for Specific Plan No. 13 (The Crossings at Huntington
Beach - Bella Terra) as amended by City Council on January 17, 2006, by adding City
Council notification and appeal language (Zoning Text Amendment No. 05-03)
(ATTACHMENT NO. 1)."
Alternative Action(s):
1. "Adopt Ordinance No. �I oO for Specific Plan No. 13 (The Crossings at Huntington
Beach - Bella Terra), deleting reference to Section 2.3 (Plan Review) and Section 2.4
(Parcel Maps) and directing staff to return to the City Council with amended language
addressing the intensification of use.
2. "Do not approve Ordinance No. 31PV9 , an Ordinance of the City of Huntington Beach
Amending Specific Plan 13 (The Crossings at Huntington Beach - Bella Terra) by adding
City Council notification and appeal language (Zoning Text Amendment No. 05-03)."
3. "Continue Ordinance No. .316"a for Specific Plan No. 13 (The Crossings at Huntington
Beach - Bella Terra)"
Analysis:
On February 6, 2006, the City Council adopted ordinances for Specific Plan No. 4
(Huntington Harbor Specific Plan) and Specific Plan No. 11 (McDonnell Centre Business
Park Boeing Specific Plan). Staff indicated that additional time was necessary to prepare
the amended ordinance for Specific Plan No. 13 (The Crossings at Huntington Beach — Bella
Terra) in order to include a legal description and limit the application of the amendment to the
Montgomery Wards's parcel (Phase II). The recommended action amends the specific plans
and provides notification and appeal authority to the City Council in three specific areas. The
proposed ordinance would require notification of Planning Director decisions on both phases
of Bella Terra but limits the appeal to certain conditions as stated below to Phase II only.
Minor Modifications to the Specific Plan (Section 2.0)
In the Bella Terra Specific Plan there is a list of uses that are permitted by right. The
Planning Staff, Planning Director, Planning Commission, or City Council has no ability to
deny an expressly permitted use unless the ordinance is amended. Conversely, there are an
endless number of uses that are not listed which are considered not permitted. An
automobile rental agency is not listed and not similar to other permitted uses; therefore, it
could not be approved legally by the Planning Staff, Planning Director, Planning Commission,
or City Council without an amendment to the specific plan.
-2- 2/23/2006 4:21 PM
REQUEST FOR ACTION
MEETING DATE: 3/6/06 DEPARTMENT ID NUMBER:PL06-04
Currently the Planning Director has discretion in the Bella Terra Specific Plan with respect to
approval of uses, which are deemed similar in nature to an expressly permitted use. For
example, if a property owner inquires about proposing a live theater, arguing that it is similar
to a movie theatre which is an expressly permitted use, the decision to permit a live theater
would be a minor modification to the Specific Plan that the Planning Director could approve.
With the new language as it pertains to the Montgomery Ward's parcel ("Phase 11"), a ten-day
appeal period would be required prior to finalizing the decision and it could be appealed to
the City Council by a Council Member.
Site Plan Review (Section 2.3)
Currently the Planning Director has discretion in the Bella Terra Specific Plan to approve
changes in use that do not intensify the use. For example, a business owner would propose
opening a sandwich shop with seating in a suite that was previously occupied by a retail use.
The Planning Director would make a determination of intensification of use and may require
the business owner to go through the process of preparing site plans with the ultimate goal of
receiving approval of his Site Plan Review from the City and Health Department. Currently,
the applicant could obtain building permits and commence construction once approval is
granted. With the new language as it pertains to the Montgomery Ward's parcel ("Phase 11"),
a ten-day appeal period would be required and the site plan can be appealed to the City
Council by a Council Member.
Another example might be, an applicant proposes construction of a new ATM machine. If the
Director determines that this use is an intensification of use then a Site Plan would be
required. When City Staff approves the Site Plan it would be subject to an appeal by a City
Council Member as it pertains to the Montgomery Ward's parcel ("Phase II"). This appeal
would be based on the application of planning standards to the Site Plan, including
landscaping, fencing and signage. If it is determined by the Planning Director that the new
use is not an intensification of use then no site plan review is required and the applicant can
obtain permits for construction. There is no notification or appeal by the City Council.
It is the determination of the Planning Director that an amended use is or is not an
intensification of use. The proposed appeal language does not address the determination of
intensification of use by the Planning Director.
Parcel Maps (Section 2.4)
Currently Parcel Maps are reviewed and approved by the Planning Director and City
Engineer. As proposed in the amended specific plan the approval of the parcel map would.
now include notification and appeal authority by the City Council. Parcel maps do not
provide authority of use.
At the February 6, 2006 City Council meeting, there was significant discussion relative to only
inserting the notification and appeal language into sections of the Bella Terra Specific Plan
that dealt with "use" in "Phase II The current proposed ordinance addresses permitted use
in Section 2.0 however does not address the determination of intensification of use in Section
2.3. Should the City Council only wish to address"use" in "Phase II" then the adoption of the
-3- 2/23/200611:47 AM
REQUEST FOR ACTION
MEETING DATE: 3/6/06 DEPARTMENT IDNUMBER:PL06-04
ordinance amending Section 2.0 and directing staff to return to the City Council with
amended language for Section 2.3 would be the appropriate action. There: is no "use"
approved within Section 2.4, this section can be completely removed if the City Council only
wants notification and appeal on "use". This action would be accomplished by approving
Alternative Action No. 1.
With this new appeal language as proposed, should the City Council choose to appeal under
any of the three sections of the Specific Plan, there could be up to 60 days added to the
approval process. This 60 days is based upon the ten-day appeal period, receipt of an
appeal, notification requirements (mailing labels, property ownership verification with County
Tax Assessor Rolls, and radius map), legal notices, report preparation, analysis, findings,
conditions, review, and publication:
Environmental Status: The proposed zoning text amendment is categorically _exempt
pursuant to City Council Resolution No. 4501, Class 20, which supplements the California
Environmental Quality Act.
Attachment(s):
City Clerk's
Page Number No. Description
Ordinance No. �g for Specific Plan No. 13 (The
Crossings at Huntington Beach — Bella Terra) with Legislative
Draft Attached.
2. "Phase ll" Map and Legal Description
-4- 2/23/200611:47 AM
ATTACHMENT 1
ORDINANCE NO. 3 7 2 8
• AN ORDINANCE OF THE CITY OF HUN G TIN TON BEACH AMENDING SPECIFIC PLAN 13
(THE CROSSINGS AT HUNTINGTON BEACH SPECIFIC PLAN)BY ADDING CITY COUNCIL
NOTIFICATION AND APPEAL LANGUAGE TO SECTIONS 2.0—ADMINISTRATION, 2.3 —
SITE PLAN REVIEW AND 2.4 PARCEL MAPS (ZONING TEXT AMENDMENT NO. 05-03)
WHEREAS, pursuant to 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. 05-03, which amends Specific Plan 13 (The Crossings
at Huntington Beach Specific Plan)by adding City Council notification and appeal language to Sections
2.0—Administration, 2.3 —Site Plan Review and 2.4—Parcel Maps; 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 Specific Plan 13 (The Crossings at Huntington Beach Specific Plan) is
hereby amended as noted in Exhibit A, amended Specific Plan 13, incorporated by reference and
• attached hereto.
Section 2. This ordinance shall take effect thirty 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 day of 200
Mayor
REVIEWED AND APPROVE : APPROVED AS TO FORM:
I
C 1&111-61'� -�-
ity dministrator City Attorney 2 3
INITIATED AND APPROVED:
Director of Planning
ATTACHMENTS:
Exhibit A: Amended The Crossings at Huntington Beach Specific Plan
o6ord/cr-ings
G-2A. 6
• Tworequire a Zoning Text Amendment and action by the Planning
Secfion Commission and City Council.
IMPLEMENTATION The action by the Planning Director shall be final,
except that in the Area of the Specific Plan described
2.0 ADMINISTRATION as Phase II (see Map in Appendix D), the Plarulins�
Director's decision shall be final unless appealed to
The City's Planning Director shall administer the provisions-of the City Council by the applicant or a City Council
the Crossings at Huntington Beach Specific Plan in
accordance with the State of California Government Code, member Within ten calendar days of written
Subdivision Map Act, the Huntington Beach Municipal Code, notification by the Planning Director.
and the City's General Plan.
The Specific Plan development procedures, regulations,
standards and specifications shall supersede the',relevant 2.1 DEVELOPMENT CONSTRUCTION PHASING PLAN
provisions of the City's Zoning Code (Huntington Beach
Zoning and Subdivision Ordinance) as they currently exist or The proposed Specific Plan project,is anticipated to occur in
may be amended in the future. Any development regulation one (1) phase. The existing Village Retail (Barnes &-Noble,
and building requirement not addressed in the Specific Plan Staples,; and Circuit City) and.any remaining Department
shall be subject to the City's adopted regulations in place at Stores (such as, Burlington Coat Factory, Montgomery Wards,
the time of an individual-request. or Mervyns) will receive major exterior renovation, new
enhanced paving, and landscaping. The demolition,
The Specific Plan may -be amended. The Planning Director infrastructure and utility work of the new construction, will
shall have the discretion to determine if requests for be scheduled and built such that the remaining center
modification to the Specific Plan are minor or major. remains.-in operation with minimum inconvenience to the
remaining tenants. Construction is anticipated to take 18-24
Minor modification is a simple amendment to the exhibits months from-start.of demolition.
and /or text, and determination of similar land uses as
described on Exhibit 11A, Permitted Uses Chart 2.2 METHODS AND PROCEDURES
which does not change the meaning or intent of the Specific
Plan. Minor modifications may be accomplished. The methods and procedures for implementation of the
administratively by the Director with Written notification a Specific Plan shall be on a project by project basis. The
repert to the City Council, Planning Commission, and Ci adoption -of . the Specific Plan alone -will not require
infrastructure improvements to ,the project area. Physical
A;dlnninistrator. Major modifications are amendments to the improvements will only coincide with the commencement of
exhibits and/or text which are intended to change the the first project and approval of a Site Plan Review. The
J meaning or intent of the Development Concept, Design Specific Plan is a regulatory document and is not intended to
Guidelines, or Development Regulations. Major modifications be a Development Agreement.
15
2.3 SITE PLAN REVIEW The Planning Director has the authority to approve, {
conditionally approve, or deny a Site Plan Review With
All new projects within the Crossings at Huntington Beach written notification to the City Council and Ci
Specific Plan project area shall be implemented through a Site Administrator. A Site Plan Review application may also
Plan Review process. A Site Plan Review shall-be required for
require analysis and comments from various departments of
all new.development activity, with the exception of interior the City. In order to approve a Site Plan Review application,
improvements, general .maintenance and repair or other the Planning Director shall make the following findings: ,
minor construction activities that do not result in an
intensification of the use. These exceptions may be subject to The request is consistent with the City's General Plan
other Building and Public Works permits and approvals prior and all applicable requirements of the Municipal
to commencement. Code;and
Application to the City for a Site Plan Review shall include a )
pp �' The requested activity. will not be detrimental to the
narrative of the proposed activity along with preliminary general welfare of persons working or residing in the
development plans and drawings. The narrative shall consist vicinity. nor detrimental to the value of the property
of a project description identifying the intended, services and improvements in the neighborhood;and
offered with square feet, hours and days of operation, number
of employees, and other information - as appropriate. The requested activity will not adversely affect the
Supplemental to- the application submission, project plans Circulation Plan;and-
shall be prepared including the following preliminary plans: 4
site plan, floor plans, elevations, landscaping, grading, The requested activity will comply with the provisions
fencing and signage plans; other, plans may be required of the Crossings at,Huntington Beach Specific Plan and
depending on the complexity of the project. The entire parcel other applicable regulations or special conditions
shall be plotted with dimensions and all pertinent' data and required of the project.
include-dimensions to the nearest intersecting public street
and identify all street names. In addition, all existing and The action of the Planning Director shall be final unless
proposed physical features and structures on the" subject appealed to the Planning r^,".,missie to the City Counci'
property and abutting properties shall be plotted. . )
by the applicant submitting a Site Plan Review application, or
The application shall also include a legal description of the for the Area of the-Specific Plan described as Phase II
property, identification of the uses for each room on the floor (see Map in Appendix D), appealed to the CitX
plans and a list of all the building materials and exterior Council by the applicant or a City Council members
colors. An application fee for this service shall be established within ten calendar days of action of written notification
by a separate resolution of the City Council. by the Plamihig Director. Such Appeals for a Site Plan
Review- shall be subject to the procedures outlined in the
City's Zoning and Subdivision Ordinance.
16
ti
i
A Site Plan Review approval shall be valid for a period of one In order to approve the Tentative Map the Planning Director
year. Additional one year extensions may be requested for a shall make the following findings:
maximum of two years. Such an extension request must be
made in writing by the original applicant, property owners, • The proposed Tentative Map is consistent with
and/or authorized designee, a minimum of thirty days prior the General Plan, Specific Plan, and .all other-
to the expiration of the current approval. If construction applicable provisions of the City's .adopted
activity does not commence within the approval or extension codes and regulations;and
period; the entitlement shall be terminated.
• The site is physically suitable for the type and
All final decisions on site plan review proposals shall be the density of development proposed;and
responsibility of the Planning Director, subject to appeal,
as stated above. • The design of the subdivision or the proposed
improvements will not cause -serious health
problems or substantial environmental damage
2.4 PARCEL MAPS . or substantially and avoidably injure fish or
wildlife or their habitat; and
The project area may be subdivided through a Parcel Map
process. Parcel Maps shall be prepared consistent with the • The design of the subdivision or the type of
Mater Plan Concept to facilitate development. These maps improvement will not conflict with easements
shall identify the infrastructure and improvements acquired by the public at large, for access
necessary to support the anticipated projects, subject to through or use of, property within the
review by the City's Public Works and Fire Departments. proposed subdivision unless alternative
easements, for access 'or for use, will" be
Upon recordation, Parcel Maps may be further divided provided.
and/or adjusted by filing a subsequent Parcel Map or a Lot
Line Adjustment, pursuant to the provisions of the The action by the Planning Director shall be final,
Subdivision Map Act. A Tentative and Parcel Map:may be except that in the Area of the Specific Plan described
approved, or conditionally approved by the Planning as Phase II (see Map in Appendix D), the Planning
Director and the City Engineer,with written.notification Director's decision s e final
hall be unless a algid to
to the City Council and City Administrator providing 1?
the proposal is found to be in compliance with the Specific the City Council by the applicant or a City Council
Plan member within ten calendar days of written
notification by the�Director.
G�
N
17
2.5 REUSE/CHANGE OF USE REVIEW the environment, and facilitate innovative quality
architectural design with an adaptation to the surrounding
Any proposal to reuse and/or change the use of a previously environment.
Napproved and constructed development, within the project
y area, will be subject to additional review by the Planning Deviations pertain only to the Development Regulations of the.
Department. The additional review will follow the same Specific Plan and may be granted at the time of Site Plan
c procedures outlined in the Site Plan Review process. A "like .Review for special circumstances and/or unique architectural
for like" change of use shall only be subject to the features.
requirements for a new certificate of occupancy;however any
new construction beyond that shall require a new Site Plan Requests for Deviation may include but are not limited to
Review. In addition any proposed physical modifications to building height, setbacks; open " space, - parking, . and
the existing structure and/or site shall be subject to additional landscaping. Deviation requests, up to ten (10) percent of an;
review and approval of the Planning' Director prior to the single standard, may be considered by the Planning Director.
issuance of building permits. The Planning Director may refer Deviations greater than ten (10) percent must be approved,by
individual projects to Design Review Board for review and as a Variance application before the Zoning Administrator,
final arbiter of compliance with .the Specific Plan.. Any subject to the procedures outlined in the City's Zoning and
decision by the Planning Department may be appealed within Subdivision Ordinance. Development" and construction
ten calendar days to the Planning Commission. phasing of selected provisions and features may be approved
by the Director concurrent with a Site Plan Review and shall
2.6 ENVIRONMENTAL DETERMINATION not require a Request for Deviation or Variance to the Specific
Plan.
The Zoning and Development Standards of all anticipated
development activity for the Crossings at Huntington Beach Deviations shall be allowed when, in the opinion of the
area have been identified in the Specific Plan. Development Planning Director, significantly greater benefits from the
project requests shall be subject to environmental review as project can be provided than-would occur if all the minimum
mandated by the California Environmental Quality Act requirements were met.-Some additional benefits which may
(CEQA). The Planning Director shall impose any applicable make a project eligible for consideration include:greater open
environmental mitigation measures, as specified in the space, greater setbacks, unique or.innovative designs, public
environmental analysis, as conditions of approval on open space, and the use of energy conservation or innovative
individual Site Plan Reviews. Such conditions of approval technology. The,Planning Director,may approve the Request
shall describe the time period and manner in which the for Deviation in whole or in part upon making the following
mitigation measure must be satisfied. findings.
2.7 REQUEST FOR DEVIATION Promotes better design, . environmental and. land
planning techniques and, contribute to the economic
Tlie Crossings at Huntington Beach Specific Plan viability of the community, through aesthetically
Development Regulations are intended to encourage projects pleasing architecture, landscaping and site layout;
which create an aesthetically pleasing appearance, enhance and
l
18
• Will not be detrimental to the general health, welfare, phrases, portions or any future amendments or additions
safety and convenience of the neighborhood or City in thereto may be declared invalid or unconstitutional.
general, nor detrimental or injurious to the value of
property or improvements of the neighborhood or of the
City in general; and
• Is consistent with objectives of the Specific Plan in
achieving a project adapted to the area and compatible
with the surrounding environment;and
• Is consistent with the goals and policies of the City's
General Plan, and comply with State and Federal Law.
2.8 SPECMC PLAN AMENDAU11M
Specific Plan Amendments, other than a Minor Modification I
as previously described (Section 2.0), shall be made through
the Zoning Text Amendment process; subject to consideration
and approval of the Planning Commission and City Council in
accordance with the provisions of the Huntington Beach
Zoning and Subdivision Ordinance. Such Amendments may
include changes to the Development Concept, Design
Guidelines policies and the introduction of alternative
Development Regulations.
2.9 SEVERABILPI'Y
If any section, subsection, sentence, clause, phrase, or portion
of this title, or any future amendments or additions hereto, is
for any reason held to be invalid or unconstitutional by the
decision of any court"of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
title, or any future amendments or additions hereto. The City
hereby declares that it would have adopted these titles and
each sentence, subsection, clause, phrase, or portion or any
N future amendments or additions thereto, irrespective of the
y fact that any one or more sections, subsections, clauses,
19
ATTACHMENT 2
APPENDIX D
LEGAL DESCRIMON of PHASE II:
Parcel 1 ofPareei Map No.86-200,as shown on a map therefor recorded in Book 255,
Pages 40 through 45,inclusive,of Parcel Maps in the Office of the County Recorder of
said County,
0
MAP of PHASE II Area.:
CENTER AVE.
..., r •--- r. vrt tip ��asett�. -�r �„ � ,
....... .� .m
` ' M•re ...M�tCle.._.t� x4
jray=•.m I F w A 1 u M I�a-
In
w'�• I -'��, �sNkM'�,
�f• _.yLevr- �� �h r.
EDINGER AVE.
APPENDICES (Volume Two)
A— Legal Description
B— General Plan Consistency
C—Sign Standards
D—Legal Description and Ma.p of Phase H Area
List of Exhibits
Exhibit 1 Vicinity Maps 9
Exhibit 2 Aerial Photograph 10
Exhibit 3A Illustrative Conceptual Master Plan 21
Exhibit 3B Illustrative Conceptual Master Plan 22
Exhibit 4A Pedestrian Plaza/Walkways Plan 26
Exhibit 4B Pedestrian Plaza/Walkways Plan 27
Exhibit 5A Circulation Plan 29
Exhibit 5A Circulation Plan 30
Exhibit 58 Circulation Plan 31
Exhibit 5B Circulation Plan 32
Exhibit 6A Common Area Locations 45
Exhibit 6B Common Area Locations. 46
Exhibit 7 Color and Materials of Common Areas 50-51
Exhibit 8 Typical Tenant Storefront 58
Exhibit 9A Landscape Concept Plan 63
Exhibit 9B Landscape Concept Plan 64
Exhibit 10 Plant Materials Palette 67
.Exhibit I IA Permitted Uses Chart 75
Exhibit 11 B Temporary and Seasonal Events Chart 76
Exhibit 12 Development Regulations Chart 77
Exhibit 13 Parking Standards and Details 78
Exhibit 14 Development Regulations Check List 86,
New building construction of the following uses and fagade improvements to existing buildings shall be permitted within the Crossings at
y Huntington Beach Specific Plan subject to review and approval of a Site Plan Review by the Planning Director. Other changes in occupancy,
such as, like for like tenant changes, new tenants established within existing buildings, and/or intensification of tenant uses shall be subject
to building permit plan check review to verify compliance with parking and the Specific Plan review.
Aquarium Day Care Facilities
Banks and other financial institutions Government Offices
* Commercial recreation and live entertainment Public Safety Facilities
Food Markets (Specialty Markets-max. 10,000 s . ft.) Utilities and Communication Facilities
General Retail Parking
Day Spa -surface
Hotels Motels -structured
Movie Theaters -valet
Restaurants
-with outdoor dining
- with alcohol sales
-*with live entertainment and dancing
- drive-through bake (limited to one location)
Personal Services
OFFICE
Business and Professional
OTHER PERMITTED RETAIL
Car stereo and alarm installation,if integrated into an
anchor/major retail building and located within a buildin
Portable carts and kiosks
Note:Other similar uses maybe permitted subject to review by the Planning Director;except in Phase 11 (see Map in
l
Appendix D) of the Specific Plan review shall be pursuant to Section 2.0 of the Specific Plan.
*Requires an entertainment permit
Permitted Uses Chart
Exhibit 11 A
• 75
J
�1
RLA ROUTING SHECT
INITIATING DEPARTMENT: ADMINISTRATION
SUBJECT: Zoning Text Amendment No. 05-03 for The Crossings
Specific Plan Bella Terra
COUNCIL MEETING DATE: March 6, 2006
RCAATTACHMENTS... STATU
S
._�. rear.
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not licable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
E Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
i Not A plicable
Attached ❑
Contract/Agreement (w/exhibits if applicable) Not Applicable
(Signed in full by the City Attorney
Attached ❑
f Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attorne
Certificates of Insurance (Approved b the City Attorne Attached ❑
( pP Y Y Y) Not Applicable
Attached ' ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable
❑
Bonds (If applicable) AttachedNot Ap licable
Attached ❑
Staff Report (If applicable) Not Ap licable
Commission, Board or Committee Report If applicable) Attached ❑
P ( pp ) Not Applicable
s/Conditions for Approval and/or Denial Attached
Find ings/Conditions ❑
g pp Not Applicable
„,. EXPLANATION FOR MISSING ATTACHMENTS:, , ;
.:..
y _ W REVIEIIVED RETURNED YFORWARDED
- .
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk ( )
<.EXPLAN,A ION FOR RETURN:-O,F.ITEM
Only)(Below Space For City Clerk's Use
RCA Author: PE
RECEIVED
200fi FEB 17 PM : 32
Council/Agency Meeting Held: _-
Deferred/Continued to: C i T Y OF
1JUN i Ss'aTON SE CH
❑Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature
Council Meeting Date: 2/21/2006 Department ID Number: PL06-04
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PENELOPE CULBRETH-GRAFT, CITY ADMINISTR R
PREPARED BY: PAUL EMERY, DEPUTY CITY ADMINISTRATOR
SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 05-03 FOR T E
CROSSINGS SPECIFIC PLAN (BELLA TERRA)
Fstatement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
On January 17, 2006, the City Council considered Zoning Text Amendment No. 05-03 and
Local Coastal Program Amendment No. 05-01 (Three Specific Plan Amendments), which
proposed to modify Specific Plan No. 4 (Huntington Harbor Specific Plan), Specific Plan No.
11 (McDonnell Centre Business Park), and Specific Plan No. 13 (The Crossings at
Huntington Beach — Bella Terra). Following discussion, a majority of the City Council
approved changes to the Specific Plan Amendments and asked that amended ordinances be
brought back for adoption.
On February 6, 2006, the City Council adopted ordinances for Specific Plan No. 4
(Huntington Harbor Specific Plan) and Specific Plan No. 11 (McDonnell Centre Business
Park - Boeing). Staff indicated that additional time was necessary to prepare the amended
ordinance for Specific Plan No. 13 (The Crossings at Huntington Beach - Bella Terra) in
order to include a legal description and limit the application of the amendment to the
Montgomery Ward's parcel ("Phase 11").
Transmitted for your consideration is the amended ordinance for Specific Plan No. 13 (The
Crossings at Huntington Beach - Bella Terra).
Funding Source: Not applicable
ligb
REQUEST FOR ACTION
MEETING DATE: 2/21/2006 DEPARTMENT ID NUMBER:PL06-04
Recommended Action: Motion to:
"Adopt Ordinance No. 5?,r.,7'0 for Specific Plan No. 13 (The Crossings at Huntington
Beach - Bella Terra) as amended by City Council on January 17, 2006, an Ordinance of the
City of Huntington Beach Amending Specific Plan 13 (The Crossings at Huntington Beach -
Bella Terra) by adding City Council notification and appeal language (Zoning Text
Amendment No. 05-03) (ATTACHMENT NO. 1)."
Alternative Action(s):
1. "Adopt Ordinance No. �VO for Specific Plan No. 13 (The Crossings at Huntington
Beach - Bella Terra), deleting reference to Section 2.3 (Plan Review) and Section 2.4
(Parcel Maps) and directing staff to return to the City Council with amended language
addressing the intensification of use.
2. "Do not approve Ordinance No. .37Ug , an Ordinance of the City of Huntington Beach
Amending Specific Plan 13 (The Crossings at Huntington Beach - Bella Terra) by adding
City Council notification and appeal language (Zoning Text Amendment No. 05-03)."
3. "Continue Ordinance No. 3178 for Specific Plan No. 13 (The Crossings at Huntington
Beach - Bella Terra)"
Analysis:
On February 6, 2006, the City Council adopted ordinances for Specific Plan No. 4
(Huntington Harbor Specific Plan) and Specific Plan No. 11 (McDonnell Centre Business
Park — Boeing Specific Plan). Staff indicated that additional time was necessary to prepare
the amended ordinance for Specific Plan No. 13 (The Crossings at Huntington Beach — Bella
Terra) in order to include a legal description and limit the application of the amendment to the
Montgomery Wards's parcel (Phase 11). The recommended action amends the specific plans
and provides notification and appeal authority to the City Council in three specific areas.
Minor Modifications to the Specific Plan (Section 2.0)
In the Bella Terra Specific Plan there is a list of uses that are permitted by right. The
Planning Staff, Planning Director, Planning Commission, or City Council has no ability to
deny an expressly permitted use unless the ordinance is amended. Conversely, there are an
endless number of uses that are not listed which are considered not permitted. An
automobile rental agency is not listed and not similar to other permitted uses; therefore, it
could not be approved legally by the Planning Staff, Planning Director, Planning Commission,
or City Council without an amendment to the specific plan.
G-2B . 2 -2- 2/17120061:22 PM
REQUEST FOR ACTION
MEETING DATE: 2/21/2006 DEPARTMENT ID NUMBER:PL06-04
Currently the Planning Director has discretion in the Bella Terra Specific Plan with respect to
approval of uses, which are deemed similar in nature to an expressly permitted use. For
example, if a property owner inquires about proposing a live theater, arguing that it is similar
to a movie theatre which is an expressly permitted use, the decision to permit a live theater
would be a minor modification to the Specific Plan that the Planning Director could approve.
With the new language as it pertains to the Montgomery Ward's parcel ("Phase 11"), a ten-day
appeal period would be required prior to finalizing the decision and it could be appealed to
the City Council by a Council Member.
Site Plan Review (Section 2.3)
Currently the Planning Director has discretion in the Bella Terra Specific Plan to approve
changes in use that do not intensify the use. For example, a business owner would propose
opening a sandwich shop with seating in a suite that was previously occupied by a retail use.
The Planning Director would make a determination of intensification of use and may require
the business owner to go through the process of preparing site plans with the ultimate goal of
receiving approval of his Site Plan Review from the City and Health Department. Currently,
the applicant could obtain building permits and commence construction once approval is
granted. With the new language as it pertains to the Montgomery Ward's parcel ("Phase 11"),
a ten-day appeal period would be required and the site plan can be appealed to the City
Council by a Council Member.
Another example might be, an applicant proposes construction of a new ATM machine. If the
Director determines that this use is an intensification of use then a Site Plan would be
required. When City Staff approves the Site Plan it would be subject to an appeal-by a City
Council Member as it pertains to the Montgomery Ward's parcel ("Phase 11"). This appeal
would be based on the application of planning standards to the Site Plan ','including
landscaping, fencing and signage. If it is determined by the Planning Director that the new
use is not an intensification of use then no site plan is required and the applicant can obtain
permits for construction. There is no notification or appeal by the City Council.
It is the determination of the Planning Director that an amended use is or is not an
intensification of use. The proposed appeal language does not address the determination of
intensification of use by the Planning Director.
Parcel Maps (Section 2.4)
Currently Parcel Maps are reviewed and approved by the Planning Director and City
Engineer. As proposed in the amended specific plan the approval of the parcel map would
now include notification and appeal authority by the City Council. Parcel maps do provide
authority of use.
At the February 6, 2006 City Council meeting, there was significant discussion relative to only
inserting the notification and appeal language into sections of the Bella Terra Specific Plan
that dealt with "use" in "Phase II". The current proposed ordinance addresses permitted use
in Section 2.0 however does not address the determination of intensification of use in Section
2.3. Should the City Council only wish to address "use" in "Phase II" then the adoption of the
-3- G-2B • 3 2/17/20061:25 PM
REQUEST FOR ACTION
MEETING DATE: 2/21/2006 DEPARTMENT ID NUMBER:PL06-04
ordinance amending Section 2.0 and directing staff to return to the City Council with
amended language for Section 2.3 would be the appropriate action. There is no "use"
approved within Section 2.4, this section can be completely removed if the City Council only
wants notification and appeal on "use". This action would be accomplished by approving
Alternative Action No. 1.
With this new appeal language as proposed, should the City Council choose to appeal under
any of the three sections of the Specific Plan, there could be up to 60 days added to the
approval process. This 60 days is based upon the ten-day appeal period, receipt of an
appeal, notification requirements (mailing labels, property ownership verification with County
Tax Assessor Rolls, and radius map), legal notices, report preparation, analysis, findings,
conditions, review, and publication.
Environmental Status: The proposed zoning text amendment is categorically exempt
pursuant to City Council Resolution No. 4501, Class 20, which supplements the California
Environmental Quality Act.
Attachment(s):
City Clerk's
Page Number No. Description
Ordinance No. for Specific Plan No. 13 (The
Crossings at Huntington Beach — Bella Terra)with Legislative
Draft Attached.
2. "Phase II" Map and Legal Description
G-2B . 4 -4- 2/17/2006 1:22 PM
LATTACHMENT 1
RECEIVED
--2,00fi FEB 17 PM 4_ 32
Council/Agency Meeting Held: o7-a2/-4�i Cs , = g
Deferred/Continued to: ^ D(o D Cl °
❑ Approved ❑ Conditionally Approved ❑ Denied �, City Clerk's Signat
Council Meeting Date: 2/21/2006 Department ID Number: PL06-04
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PENELOPE CULBRETH-GRAFT, CITY ADMINISTR T R
PREPARED BY. 114 /
PAUL EMERY, DEPUTY CITY ADMINISTRATOR 7).7
SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 05-03 FORT E
CROSSINGS SPECIFIC PLAN (BELLA TERRA)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
On January 17, 2006, the City Council considered Zoning Text Amendment No. 05-03 and
Local Coastal Program Amendment No. 05-01 (Three Specific Plan Amendments), which
proposed to modify Specific Plan No. 4 (Huntington Harbor Specific Plan), Specific Plan No.
11 (McDonnell Centre Business Park), and Specific Plan No. 13 (The Crossings at
Huntington Beach — Bella Terra). Following discussion, a majority of the City Council
approved changes to the Specific Plan Amendments and asked that amended ordinances be
brought back for adoption.
On February 6, 2006, the City Council adopted ordinances for Specific Plan No. 4
(Huntington Harbor Specific Plan) and Specific Plan No. 11 (McDonnell Centre Business
Park - Boeing). Staff indicated that additional time was necessary to prepare the amended
ordinance for Specific Plan No. 13 (The Crossings at Huntington Beach - Bella Terra) in
order to include a legal description and limit the application of the amendment to the
I Montgomery Ward's parcel ("Phase II").
Transmitted for your consideration is the amended ordinance for Specific Plan No. 13 (The
Crossings at Huntington Beach - Bella Terra).
Funding Source: Not applicable
` REQUEST FOR ACTION
MEETING DATE: 2/21/2006 DEPARTMENT ID NUMBER:PL06-04
Recommended Action: Motion to:
"Adopt Ordinance No. 5?r.,7 00 for Specific Plan No. 13 (The Crossings at Huntington
Beach - Bella Terra) as amended by City Council on January 17, 2006, an Ordinance of the
City of Huntington Beach Amending Specific Plan 13 (The Crossings at Huntington Beach -
Bella Terra) by adding City Council notification and appeal language (Zoning Text
Amendment No. 05-03) (ATTACHMENT NO. 1)."
Alternative Action(s):
1. "Adopt Ordinance No. for Specific Plan No. 13 (The Crossings at Huntington
Beach - Bella Terra), deleting reference to Section 2.3 (Plan Review) and Section 2.4
(Parcel Maps) and directing staff to return to the City Council with amended language
addressing the intensification of use.
2. "Do not approve Ordinance No. .37Uof , an Ordinance of the City of Huntington Beach
Amending Specific Plan 13 (The Crossings at Huntington Beach - Bella Terra) by adding
City Council notification and appeal language (Zoning Text Amendment No. 05-03)."
3. "Continue Ordinance No. -%a8 for Specific Plan No. 13 (The Crossings at Huntington
Beach - Bella Terra)"
Analysis:
On February 6, 2006, the City Council adopted ordinances for Specific Plan No. 4
(Huntington Harbor Specific Plan) and Specific Plan No. 11 (McDonnell Centre Business
Park — Boeing Specific Plan). .Staff indicated that additional time was necessary to prepare
the amended ordinance for Specific Plan No. 13 (The Crossings at Huntington Beach — Bella
Terra) in order to include a legal description and limit the application of the amendment to the
Montgomery Wards's parcel (Phase II). The recommended action amends the specific plans
and provides notification and appeal authority to the City Council in three specific areas.
Minor Modifications to the Specific Plan (Section 2.0)
In the Bella Terra Specific Plan there is a list of uses that are permitted by right. The
Planning Staff, Planning Director, Planning Commission, or City Council has no ability to
deny an expressly permitted use unless the ordinance is amended. Conversely, there are an
endless number of uses that are not listed which are considered not permitted. An
automobile rental agency is not listed and not similar to other permitted uses; therefore, it
could not be approved legally by the Planning Staff, Planning Director, Planning Commission,
or City Council without an amendment to the specific plan.
-2- 2/17/2006 1:22 PM
° REQUEST FOR ACTION
MEETING DATE: 2/21/2006 DEPARTMENT ID NUMBER:PL06-04
Currently the Planning Director has discretion in the Bella Terra Specific Plan with respect to
approval of uses, which are deemed similar in nature to an expressly permitted use. For
example, if a property owner inquires about proposing a live theater, arguing that it is similar
to a movie theatre which is an expressly permitted use, the decision to permit a live theater
would be a minor modification to the Specific Plan that the Planning Director could approve.
With the new language as it pertains to the Montgomery Ward's parcel ("Phase II"), a ten-day
appeal period would be required prior to finalizing the decision and it could be appealed to
the City Council by a Council Member.
t
Site Plan Review (Section 2.3)
Currently the Planning Director has discretion in the Bella Terra Specific Plan to approve
changes in use that do not intensify the use. For example, a business owner would propose
opening a sandwich shop with seating in a suite that was previously occupied by a retail use.
The Planning Director would make a determination of intensification of use and may require
the business owner to go through the process of preparing site plans with the ultimate goal of
receiving approval of his Site Plan Review from the City and Health Department. Currently,
the applicant could obtain building permits and commence construction once approval is
granted. With the new language as it pertains to the Montgomery Ward's parcel ("Phase II"),
a ten-day appeal period would be required and the site plan can be appealed to the City
Council by a Council Member.
Another example might be, an applicant proposes construction of a new ATM machine. If the
• Director determines that this use is an intensification of use then a Site Plan would be
required. When City Staff approves the Site Plan it would be subject to an appeal by a City
Council Member as it pertains to the Montgomery Ward's parcel ("Phase II"). This appeal
would be based on the application of planning standards to the Site Plan, including
landscaping, fencing and signage. If it is determined by the Planning Director that the new
use is not an intensification of use then no site plan is required and the applicant can obtain
permits for construction. There-is no notification or appeal by the City Council.
It is the determination of the Planning Director that an amended use is or is not an
intensification of use. The proposed appeal language does not address the determination of
intensification of use by the Planning Director.
Parcel Maps (Section 2.4)
Currently Parcel Maps are reviewed and approved by the Planning Director and City
Engineer. As proposed in the amended specific plan the approval of the parcel map would
now include notification and appeal authority by the City Council. Parcel maps do provide
authority of use.
At the February 6, 2006 City Council meeting, there was significant discussion relative to only
inserting the notification and appeal language into sections of the Bella Terra Specific Plan
that dealt with "use" in "Phase II". The current proposed ordinance addresses permitted use
in Section 2.0 however does not address the determination of intensification of use in Section
2.3. Should the City Council only wish to address "use" in "Phase II" then the adoption of the
-3- 2/17/2006 1:25 PM
REQUEST FOR ACTION
MEETING DATE: 2/21/2006 DEPARTMENT ID NUMBER:PL06-04
ordinance amending Section 2.0 and directing staff to return to the City Council with
amended language for Section 2.3 would be the appropriate action. There is no "use"
approved within Section 2.4, this section can be completely removed if the City Council only
wants notification and appeal on "use". This action would be accomplished by approving
Alternative Action No. 1.
With this new appeal language as proposed, should the City Council choose to appeal under
any of the three sections of the Specific Plan, there could be up to 60 days added to the
approval process. This 60 days is based upon the ten-day appeal period, receipt of an
appeal, notification requirements (mailing labels, property ownership verification with County
Tax Assessor Rolls, and radius map), legal notices, report preparation, analysis, findings,
conditions, review, and publication.
Environmental Status: The proposed zoning text amendment is categorically exempt
pursuant to City Council Resolution No. 4501, Class 20, which supplements the California
Environmental Quality Act.
Attachment(s):
NumberCity Clerk's
Page
Ordinance No. `37a?g for Specific Plan No. 13 (The
Crossings at Huntington Beach — Bella Terra) with Legislative
Draft Attached.
2. "Phase II" Map and Legal Description
-4- 2/17/2006 1:22 PM
n
RCA ROUTING SHEET
INITIATING DEPARTMENT: ADMINISTRATION
SUBJECT: Zoning Text Amendment No. 05-03 for The Crossings
Specific Plan (Bella Terra)
COUNCIL MEETING DATE: February 21 , 2006
RCA ATTACHMENTSr..Y STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
i
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
I
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
reement w/exhibits if applicable) Attached ElContract/A
g ( pp ) Not Applicable
(Signed in full by the City Attorney)
Attached ❑
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attorney)
Certificates of Insurance (Approved b the City Attorne Attached ❑
( Pp Y Y Y) Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable
If applicable) Attached
Bonds ❑
( pp ) Not Applicable
Report If applicable) Attached El Re
p ( pp ) Not Applicable
Commission, Board or Committee Re ort If applicable Attached El
p ( pp ) Not Applicable
Find in s/Conditions for Approval and/or Denial Attached El
9 pp Not A able
EXPLANATION_FOR MISSING ATTACHMENT'S
REVIEWED RETURNED FOR.... RDEDK.
Administrative Staff ( )
Assistant City Administrator (Initial)
City Administrator Initial
City Clerk ( )
EXPLANATION_FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: PE
ORDINANCE NO. 3 7 2 8
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SPECIFIC PLAN 13
(THE CROSSINGS AT HUNTINGTON BEACH SPECIFIC PLAN)BY ADDING CITY COUNCIL
NOTIFICATION AND APPEAL LANGUAGE TO SECTIONS 2.0—ADMINISTRATION, 2.3 —
SITE PLAN REVIEW AND 2.4 PARCEL MAPS (ZONING TEXT AMENDMENT NO. 05-03)
WHEREAS, pursuant to 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. 05-03, which amends Specific Plan 13 (The Crossings
at Huntington Beach Specific Plan)by adding City Council notification and appeal language to Sections
2.0—Administration, 2.3 —Site Plan Review and 2.4—Parcel Maps; 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 Specific Plan 13 (The Crossings at Huntington Beach Specific Plan)is
hereby amended as noted in Exhibit A, amended Specific Plan 13, incorporated by reference and
attached hereto.
Section 2. This ordinance shall take effect thirty 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 day of 200
Mayor
REVIEWED AND APPROVE : APPROVED AS TO FORM:
City 4dininistrator J"Ci'
ttto—mey
INITIATED AND APPROVED:
4-1 4!nt�
Director of Planning
ATTACHMENTS:
Exhibit A: Amended The Crossings at Huntington Beach Specific Plan
O~C—ings G-2B . 6
FOMIX H16 T A
require a Zoning Text Amendment and action by the Planning
Section Two Commission and City Council.
IMULFMENTATION The action by the planning Director shall be final,
except that m the Area of the Specific Plan described
2.0 ADMINISTRATION as Phase H (see Map in Appendix-D), the PlanrLinsz
The City's Planning Director shall administer the provisions of Director's decision shall be final unless appealed to
the City Council by the applicant or a .City Council
� the Crossings at Huntington Beach Specific Plan in days- of written d l t within
member w n en calendar
k;, accordance with the State of California Government Code,
Subdivision Map Act, the Huntington Beach Municipal Code, notification by the PkmifiW Director.
A and the City's General Plan.
The Specific Plan development procedures, regulations,
standards and specifications shall supersede the relevant 2.1 DEVELOPMENT CONSTRUCTION PHASING PLAN
provisions of the City's Zoning Code (Huntington. Beach
Zoning and Subdivision Ordinance) as they currently exist or The proposed Specific Plan project is anticipated to occur in
may be amended in the future. Any development regulation one (1) phase. The existing Village Retail (Barnes & Noble,
and building requirement not addressed in the Specific Plan Staples, and Circuit City) and any remaining Department
shall be subject to the City's adopted regulations in place at Stores (such as, Burlington Coat Factory, Montgomery Wards,
the time of an individual request. or Mervyns) will receive major exterior renovation, new
enhanced paving, and landscaping. The demolition,
The Specific Plan may be amended. The Planning Director infrastructure and utility work of the new construction, will
shall have the discretion to determine if requests for be scheduled and built such that the remaining center
modification to the Specific Plan are minor or major. remains in operation with minimum inconvenience to the
remaining tenants. Construction is anticipated to take 18-24
Minor modification is a simple amendment to the exhibits months from start of demolition._
and /or text, and determination of similar land uses as
described on Exhibit I IAA Permitted Uses Chart 2.2 METHODS AND PROCEDURES
which does not change the meaning or intent of the Specific
Plan. Minor modifications may be accomplished The methods and procedures for implementation of the
administratively by the Director with written notification a Specific Plan shall be on a project by project basis. The
reper- to the City CounCil, Planning Commission, and Ci adoption of the Specific Plan alone will not require
infrastructure improvements to the project area. Physical
Administrator. Major modifications are amendments to the improvements will only coincide with the commencement of
exhibits and/or text which are intended to change the the first project and approval of a Site Plan Review. The
meaning or intent of the Development Concept, Design Specific Plan is a regulatory document and is not intended to
Guidelines, or Development Regulations. Major modifications be a Development Agreement.
r -
15
2.3 SITE PLAN REVIEW The Planning Director has the authority to approve,
conditionally approve, or deny a Site Plan Review with
All new projects within the Crossings at Huntington Beach written notification to the Cites Council and Ci
Specific Plan project area shall be implemented through a Site Administrator. A Site Plan Review application may also
Plan Review process. A Site Plan Review shall be required for require analysis and comments from various departments of
all new development activity, with the exception of interior the City. In order to approve a Site Plan Review application,
improvements, general maintenance and repair or other the Planning Director shall make the following findings:
minor construction activities that do not result in an
intensification of the use. These exceptions may be subject to The request is consistent with the City's General Plan
other Building and Public Works permits and approvals prior and all applicable requirements of the Municipal
to commencement. Code;and
Application to the City for a Site Plan Review shall include a The requested activity will not be detrimental to th(
narrative of the proposed activity along with preliminary general welfare of persons working or residing in the
development plans and drawings. The narrative shall consist vicinity. nor detrimental to the value of the property
of a project description identifying the intended services and improvements in the neighborhood; and
offered with square feet, hours and days of operation, number
of employees, and other information as appropriate. The requested activity will not adversely affect the
Supplemental to the application submission, project plans Circulation Plan; and
shall be prepared including the following preliminary plans:
site plan, floor plans, elevations, landscaping, grading, The requested activity will comply with the provisions
fencing and signage plans; other plans may be required of the Crossings at Huntington Beach Specific Plan and
depending on the complexity of the project. The entire parcel other applicable regulations or special conditions
shall be plotted with dimensions and all pertinent data and required of the project.
include dimensions to the nearest intersecting public street
and identify all street names. In addition, all existing and The action of the Planning Director shall be final unless
proposed physical features and structures on the subject appealed to tl,o 0,4mi '1^^ T`effl „oo;^�^ to the City Council
property and abutting properties shall be plotted. ,'�
by the applicant submitting a Site Plan Review application, 01
The application shall also include a legal description of the for the Area Of the Specific Plan described. as Phase IT
property, identification of the uses for each room on the floor (see Map in Appendix D), appealed to the City
plans and a list of all the building materials and exterior Council by the applicant or a City Council member,
colors. An application fee for this service shall be established within ten calendar days of action Of written notification
by a separate resolution of the City Council. by the Planning Director. Such Appeals for a Site Plan
Review shall be subject to-the procedures outlined in the
n City's Zoning and Subdivision Ordinance.
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A Site Plan Review approval shall be valid for a period of one In order to approve the Tentative Map the Planning Director
year. Additional one year extensions may be requested for a shall make the following findings:
maximum of two years. Such an extension request must be
made in writing by the original applicant, property owners, • The proposed Tentative Map is consistent with
and/or authorized designee, a minimum of thirty days prior the General Plan, Specific Plan, and -all other
to the expiration of the current approval. If construction applicable provisions of the City's adopted
activity does not commence within the approval or extension codes and regulations;and
period, the entitlement shall be terminated.
• The site is physically suitable for the type and
All final decisions on site plan review proposals shall be the density of development proposed;and
responsibility of the Planning Director, sub, ect to appeal
as stated above. • The design of the subdivision or the proposea
improvements will not cause serious health
problems or substantial environmental damage
2.4 PARCEL MAPS or substantially and avoidably injure fish or
wildlife or their habitat;and
The project area may be subdivided through a Parcel Map
process. Parcel Maps shall be prepared consistent with the • The design of the subdivision or the type of
Mater Plan Concept to facilitate development. These maps improvement will not conflict with easements
shall identify the infrastructure and improvements acquired by the public at large, for access
necessary to support the anticipated projects, subject to through or use of, property within the
review by the City's Public Works and Fire Departments. proposed subdivision unless alternative
easements, for access or for use, will be
Upon recordation, Parcel Maps may be further divided provided.
and/or adjusted by filing a subsequent Parcel Map or a Lot
Line Adjustment, pursuant to the provisions of the The action by the Planning Director shall be final
Subdivision Map Act. A Tentative and Parcel Map may be except that in the Area Of the Specific Plan described
approved, or conditionally approved by the Planning as Phase II (see Map in Appendix D), the Plannins�
Director and the City Engineer,with written notification to the City Council and City Director's decision shall be final unless appealed to
Administrator providing app
the proposal is found to be in compliance with the Specific the CitX, Council by the licant or a City Council
Plan member within ten calendar days of written
notification by the Planning Director.
17
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2.5 REUSEXHANGE OF USE REVIEW the environment, and facilitate innovative quality
architectural design with an adaptation to the surrounding
Any proposal to reuse and/or change the use of a previously environment.
approved and constructed development, within the project
area, will be subject to additional review by the Planning Deviations pertain only to the Development Regulations of the.
Department. The additional review will follow the same Specific Plan and may be granted at the time of Site Plan
procedures outlined in the Site Plan Review process. A "like Review for special circumstances and/or unique architectural
for like" change of use shall only be subject to the features.
requirements for a new certificate of occupancy;however any
new construction beyond that shall require a new Site Plan Requests for Deviation may include but are not limited to
Review. In addition any proposed'physical modifications to building height, setbacks, open space, parking, and
the existing structure and/or site shall be subject to additional landscaping. Deviation requests, up to ten (10) percent of any
review and approval of the Planning Director prior to the single standard, may be considered by the Planning Director
issuance of building permits. The Planning Director may refer Deviations greater than ten (10) percent must be approved by
individual projects to Design Review Board for review and as a Variance application before the Zoning Administrator,
final arbiter of compliance with the Specific Plan. Any subject to the procedures outlined in the City's Zoning and
decision by the Planning Department may be appealed within Subdivision Ordinance. Development and construction
ten calendar days to the Planning Commission. phasing of selected provisions and features may be approved
by the Director concurrent with a Site Plan Review and shall
2.6 ENVIRONMENTAL DETERMINATION not require a Request for Deviation or Variance to the Specific
Plan.
The Zoning and Development Standards of all anticipated
development activity for the Crossings at Huntington Beach Deviations shall be allowed when, in the opinion of the
p h' g
area have been identified in the Specific Plan. Development Planning Director, significantly greater benefits from the
project requests shall be subject to environmental review as project can be provided than would occur if all the minimum
mandated by the California Environmental Quality Act requirements were met. Some additional benefits which may
(CEQA). The Planning Director shall impose any applicable make a project eligible for consideration include:greater open
environmental mitigation measures, as specified in the space, greater setbacks, unique or innovative designs, public
environmental analysis, as conditions of approval on open space, and the use of energy conservation or innovative)
individual- Site Plan Reviews. Such conditions of approval technology. The Planning Director may approve the Request
shall describe the time period and manner in which the
for Deviation in whole or in part upon making the following
p
mitigation measure must be satisfied.
findings.
2.7 REQUEST FOR DEVIATION Promotes better design, environmental and land
planning techniques and contribute to the economic
- Huntington Beach S Specific Plan
viability of the community, through aesthetically
The Crossings atp
and site layout;
Regulations are intended to encourage projects
pleasing architecture, landscaping
G� DevelopmentR g g p J and
k�j which create an aesthetically pleasing appearance, enhance
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Will not be detrimental to the general health, welfare, phrases, portions or any future amendments or additions
safety and convenience of the neighborhood or City in thereto may be declared invalid or unconstitutional.
general, nor detrimental or injurious to the value of
property or improvements of the neighborhood or of the
City in general; and
Is consistent with objectives of the Specific Plan in
achieving a project adapted to the area and compatible
with the surrounding environment; and
• Is consistent with the goals and policies of the City's
General Plan, and comply with State and Federal Law. f
2.8 SPECIFIC PLAN AMENDMENTS
Specific Plan Amendments, other than a Minor Modification
as previously described (Section 2.0), shall be made through
the Zoning Text Amendment process; subject to consideration
and approval of the Planning Commission and City Council in
accordance with the provisions of the Huntington Beach
Zoning and Subdivision Ordinance. Such Amendments may
include changes to the Development Concept, Design
Guidelines policies and the introduction of alternative
Development Regulations.
2.9 SEVERABILPI'Y
iJIf any section, subsection, sentence, clause, phrase, or portion
of this title, or any future amendments or additions hereto, is
for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
title, or any future amendments or additions hereto. The City
hereby declares that it would have adopted these titles and
each sentence, subsection, clause, phrase, or portion or any
future amendments or additions thereto, irrespective of the
fact that any one or more sections, subsections, clauses,
19
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ATTACHMENT 2
i
APPENDIX D
!
LEGAL DESCRIPTION of PHASE II:
Parcel 1 of Parcel Map No.86-200,as shown on a map therefor recorded in Book 255,
Pages 40 through 45,inclusive,of Parcel Maps in the Office of the County Recorder of
said County.
MAP of PHASE II Area.:
CENTER AVE. g'y
'S`tTi�y H. `f .� T..'Fw`:Y.'w
# G1RMfMp 11iG1K Of
iewm. • � __'�_ .w v�ww
w.Xr'e"e'L i 1b4K^Ib. A i 1�1 Rfi �7
r—FINARR' ------
ra w
EDINGER AVE.
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A
APPENDICES (Volume Two) --
A— Legal Description
B— General Plan Consistency
C—Sign Standards
D—Legal Description and Map of Phase II Area
List of Exhibits
Exhibit 1 Vicinity Maps 9
Exhibit 2 Aerial Photograph 10
Exhibit 3A Illustrative Conceptual Master Plan 21
Exhibit 3B Illustrative Conceptual Master Plan 22
Exhibit 4A Pedestrian Plaza/Walk—ways Plan 26
Exhibit 4B Pedestrian Plaza/Walkways Plan 27
Exhibit 5A Circulation Plan 29
Exhibit 5A Circulation Plan 30
Exhibit 5B Circulation Plan 31
Exhibit 5B Circulation Plan n 32
Exhibit 6A Common Area Locations 45
Exhibit 6B Common Area Locations 46
Exhibit 7 Color and Materials of Common Areas 50-51
Exhibit 8 Typical Tenant Storefront 58
Exhibit 9A Landscape Concept Plan 63
Exhibit 9B Landscape Concept Plan 64
Exhibit 10 Plant Materials Palette 67
Exhibit 11A Permitted Uses Chart 75
Exhibit 11 B Temporary and Seasonal Events Chart 76
Exhibit I2 Development Regulations Chart 77
Exhibit 13 Parking Standards and Details 78
Exhibit 14 Development Regulations Check List 80
i
New building construction of the following uses and facade improvements to existing buildings shall be permitted within the Crossings at
Huntington Beach Specific Plan subject to review and approval of a Site Plan Review by the Planning Director. Other changes in occupancy,
such as, like for like tenant changes, new tenants established within existing buildings, and/or intensification of tenant uses shall be subject
to building permit plan check review to verify compliance with parking and the Specific Plan review.
nti a x
�a �a Va
OWN"
„.
Aquarium Day Care Facilities
Banks and other financial institutions Government Offices
* Commercial recreation and live entertainment Public Safety Facilities
Food Markets (Specialty Markets-max. 10,000 s . ft.) Utilities and Communication Facilities
General Retail Parking
Day Spa -surface
Hotels Motels -structured
Movie Theaters -valet
Restaurants
-with outdoor dining
with alcohol sales
-*with live entertainment and dancing
drive-through bake (limited to one location)
Personal Services
OFFICE
Business and Professional
OTHER PERMPITBD RETAIL
Car stereo and alarm installation,if integrated into an
anchor/major retail building and located within a building
Portable carts and kiosks
Note:Other similar uses maybe permitted subject to reviewby the Planning Director;except in Phase II (see Map in
Appendix D) of the Specific Plan review shall be pursuant to Section 2.0 of the Specific Plan.
*Requires an entertainment permit
Permitted Uses Chart
Exhibit 11 A
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Atlanta McKenna Long San Diego
Denver &AldndgetL. San Francisco
Attomeys at Law
Los Angeles 444 South Flower Street•Suite 800•Los Angeles,CA 90071-2901 Washington,DC
213.688.1000•Fax:213.243.6330
Philadelphia www.mckennalong.com Brussels
JAMES C.HUGHES email address
(213)243-6130 JHUGHES@MCKENNALONG.COM
March 6, 2006
Via E-Mail and Hand Delivery
Honorable Mayor and Councilmembers
City Council
City of Huntington Beach
Huntington Beach Civic Center
2000 Main Street
Huntington Beach, CA 92648
Re: Specific Plan No. 13
Item H-1,March 6, 2006 City Council Hearing
Proposed Zoning Text Amendment No. 05-03 ("ZTA 05-03")Re SP 13
Ladies and Gentlemen:
We are special counsel to Huntington Center Associates,LLC ("HCA"),the developer of
the Bella Terra Shopping Center("Bella Terra")and Bella Terra Associates("BTA"),present
owner of Bella Terra. As you know, Snyder Huntington Development, LLC ("Snyder") is
HCA's construction manager for the on-going Bella Terra completion work.
You have been provided by the City Administrator with proposed revisions to Specific
Plan No. 13 ("SP 13") for your consideration in her Request for City Council Action prepared by
Deputy City Administrator Emery. We believe the proposed changes to SP 13 go beyond the
Council's request and action on January 17`h and will pose a significant and discriminatory
hardship on Phase II of the property governed by SP 13 (the"Phase II Property"). Our proposal
below includes substitute language and revisions of SP 13 that we believe may resolve the
problem.
Council January 17th Action:
At the January 17'h Council hearing,after recent review of that hearing,it is clear to us
that the motion approved by the Council authorized SP 13 revisions relating to land use changes
to the Phase II Property. In framing her motion,Councilmember Green specifically disclaimed
any interest in reaching minor matters,as we advised in our February 14`h correspondence to the
City Attorney:
U
Honorable City Council
March 6, 2006
Page 2
On January 17th,the City Council voted to approve Councilmember's Green
motion to amend Specific Plan 13, "...to focus on[City Council] appeal of the
Bella Terra project only as regards to the Montgomery Wards site with regards to
shops, restaurants and entertainment and to accomplish that appeal process as
quickly as [the City] can...." In subsequent clarification of her motion,
Councilmember Green added that she"...does not want to get involved in
landscaping,curb, gutters or sidewalks or any of the rest of it...."
SP 13 Revisions Proposed by City Administrator:
The proposed revisions to Section 2.0 of SP 13 make all determinations of the Planning
Director for the Phase 11 Property subject to Council appeal,whether minor or major. By
including similar land use changes within the definition of minor modifications, the City
Administrator attempts to justify the Council's appeal of all minor modifications. The City
Administrator's changes to SP 13 are as follows (shown in bold italics):
Minor modification is a simple amendment to the exhibits and/or text,and
determination of similar land uses as described on Exhibit 11A,Permitted Use Chart
which does not change the meaning or intent of the Specific Plan. Minor modifications
may be accomplished administratively by the Director with written notification to the
City Council,Planning Commission, and City Administrator. Major modifications are
amendments to the exhibits and/or text which are intended to change the meaning or
intent of the Development concept, Design Guidelines, or Development Regulations.
Major modifications require a Text Amendment and action by the Planning Commission
and City Council.
The action by the Planning Director shall be final, except that in the Area of the
Specific Plan described as Phase H(see May in Appendix D), the Planning Director's
decision shall be final unless appealed to the City Council by the applicant or a City
Council member within ten calendar days of written notification by the Planning
Director.
Our Alternative Proposal:
We believe it is possible to reach the Council's objectives regarding land use control of
the Phase II Property without capturing all minor modifications within the dragnet of Council
appeal. It is essential that construction and other non-land use change minor modifications(i.e.,
Councilmember Green's "...landscaping, curb, gutters or sidewalks or any of the rest of it...")
not be delayed or be made subject to a political process. We propose that land use changes to the
Phase 11 Property be excluded from the definition of minor modifications. All Phase Il land use
changes would be included within major modifications which will require Council review. Our
language is as follows:
Minor modification is a simple amendment to the exhibits and/or text,excluding all
changes in land uses not expressly described and permitted under Exhibit 11A,
Honorable City Council
March 6, 2006
Page 3
Permitted Use Chart and all determinations of similar uses as described on Exhibit
11A,Permitted Use Chart, which does not change the meaning or intent of the Specific
Plan. All land use changes from those expressly described and permitted under Exhibit
11A,Permitted Use Chart and determinations of similar uses as described on Exhibit
11A,Permitted Use Chart shall be excluded from the definition of minor modifications
and shall be included within the definition of major modifications below, whether or
not such land use changes or determinations of similar uses change the meaning or
intent of the Specific Plan. Minor modifications may be accomplished administratively
by the Director with a report to the City Council, Planning Commission,and City
Administrator. Major modifications are amendments to the exhibits and/or text which are
intended to change the meaning or intent of the Development Concept,Design
Guidelines,or Development Regulations, including all land use changes from those
expressly described on Exhibit 11A,Permitted Use Chart and determinations of similar
uses as described on Exhibit MA,Permitted Use Chart. Major modifications require a
Text Amendment and action by the Planning Commission and City Council.
The action by the Planning Director shall be final, except that in the Area of the
Specific Plan described as Phase H(see May in Appendix D), the Planning Director's
decision shall be final with respect to major modifications only unless appealed to the
City Council by the applicant or a City Council member within ten calendar days of
written notification by the Planning Director.
Additional Considerations
In addition, it is essential to the financeabilty and marketability of the Phase II Property
(which result in higher property values affording greater property tax and sales tax generation for
the benefit of the City)that the Site Plan Review and Parcel Map processes --which do not
permit or entitle uses—not be encumbered by the Council appeal process.
Thank you for your consideration. We look forward to discussing this with you at
tonight's hearing.
Respectfully submitted,
es C. Hughes
of
McKenna Long&Aldridge LLP
cc: distribution list
Honorable City Council
March 6,2006
Page 4
distribution list:
City Administrator Penny Culbreth-Graft
City Attorney Jennifer McGrath
Mr. Lindsey Parton
Mr. Bryan Ezralow
Mr. Milt Swimmer