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HomeMy WebLinkAboutCode Amendment 90-3 - Negative Declaration 90-17 - Ordinance A- REQUEST FOR CITY COUNCIL ACTION January 7, 199A Date Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administratorm� Prepared by: Michael Adams, Director of Community Development Subject: CODE AMENDMENT NO. 90-3/NEGATIVE DECLARATION NO. 90-17 3o9 / Consistent with Council Policy? ] Yes [ ] New Policy or Exception 3 D q-2- 3093 Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: 1 STATEMENT OF ISSUE: Transmitted for your consideration is Code Amendment No. 90-3 which is a request to amend Articles 911, 912, 915, and 942 to allow projecting decks on waterfront lots in the R1, R2, R3, R4, WR and PRD/-PD Zones . RECOMMENDATION: Planning Commission/Staff Recommendation: Motion to: "Approve Negative Declaration 90-17 and Code Amendment 90-3 with the following findings by adopting Ordinance Nos . _ 10 W (Article 911) , 3©W (Article 912) , `30 (Article 915) , (Article 942) which would allow projecting decks up to five (5) feet beyond the bulkhead in all R1, R2, R3, R4 WR and PRD/-PD Zones" . Planning Commission Action: A MOTION WAS MADE BY MOUNTFORD, SECOND BY ORTEGA, TO APPROVE CODE AMENDMENT NO. 90-3 AND NEGATIVE DECLARATION NO. 90-17, WITH FINDINGS, AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None Findings for Approval: 1. Code Amendment No. 90-3 will be consistent with the goals and policies contained within the City Local Coastal Program by protecting environmentally sensitive areas . �T P10 5/85 e r 2 . Code Amendment No. 90-3 will not adversely affect the surrounding properties or property values, by regulating the location and size of projecting decks . 3 . Code Amendment No. 90-3 will not adversely affect the goals and policies of the General Plan by establishing reasonab,. le regulations for the construction of projecting decks . ANALYSIEi' Code Amendment No. 90-3 is intended to amend Articles 911, 912, 915 and 942, of the Huntington Beach Ordinance Code to allow projecting decks up to five feet over the bulkhead. Currently, projecting decks are only permitted within the Low Density Residential Districts (R1) . This item was generated at the request of Jim Caviola, property owner of several Medium Density Residential (R2) zoned lots adjacent to the waterway. During staff ' s initial study, it was recommended that the Department of Fish and Game be notified to identify certain environmentally sensitive areas that could be adversely affected by projecting decks . A response from the Department of Fish and Game included a concern for eelgrass habitats surrounding multi-family residential zones . According to Richard Nitsos, Associate Marine Biologist, Department of Fish and Game, cantilevered decks that extend up to five feet over the water could result in the loss of all or a portion of an eelgrass bed. Section 942 currently prohibits any structure to extend beyond the bulkhead in an area identified as environmentally sensitive such as, but not limited to, eelgrass beds and mudflats . The Department of Fish and Game has supplied the Department of Community Development with an area map depicting eelgrass habitats . As proposed, this code amendment will make the following amendments to the following zoning code Articles: Article 911 (R1) will be amended to require projecting decks to follow the development standards set forth in Article 942 (WR) . Article 912 (R2, R3, R4) and Article 915 (PRD/-PD) will be amended to include identical language as adopted in Article 911 (R1) . Article 942 (WR) , will be amended to allow covers and windscreens to a maximum height of nine feet, not exceeding the height of the second story finished floor, as presently permitted in Article 911 (R1) . RCA 11/5/90 -2- (7468d) e ; In summary, Article 911, 912, and 915 will contain identical language that will essentially allow decks, covers and windscreens in the respective zones. Each Article (911, 912, 915) will also make reference to Article 942 (WR) . Article 942 lists the permitted uses, and development standards for decks and structures in the water recreation district. The language in this code amendment is consistent with language proposed by the Huntington Harbour Code Committee in that 85% visibility through the windscreen is also required. If adopted, Code Amendment 90-3 will apply to multi-family waterfront lots in the harbour area. Environmental Status : Pursuant to the environmental regulations in effect at this time, the Department of Community Development advertised draft Negative Declaration No. 90-17 for twenty-one (21) days, and no comments, either verbal or written were received. The Planning Commission on September 18, 1990 recommended approval of Negative Declaration No. 90-17. Prior to action on Code Amendment 90-3, it is necessary for the City Council to review and act on Negative Declaration No. 90-17. FUNDING SOURCE: Not Applicable. ALTERNATIVE ACTION: A. Motion to: "Deny Code Amendment No 90-3 with findings . " ATTACHMENTS 1. Findings for Approval 2 . Ordinance No. with Legislative Draft (Planning Commission/ Staff recommendations) . 3 . Negative Declaration No. 90-17. 4 . Planning Commission minutes September 18, 1990 . 5 . Planning Commission Staff Report dated Sepember 18, 1990 . 6 . Alternative Findings for Denial MTU:MA: . p RCA 11/5/90 -3- (7468d) FINDINGS FOR APPROVAL 1. Code Amendment No. 90-3 by protecting environmentally sensitive areas will be consistent with the goals and policies contained within the City Local Coastal Program. 2 . Code Amendment No. 90-3 by regulating the location and size of projecting decks will not adversely affect the surrounding properties or property values . 3 . Code Amendment No. 90-3 by establishing reasonable regulations for the construction of projecting decks will not adversely affect the goals and policies of the General Plan. ATTACHMENT #1 (8180d) 4r, ' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINCTON BEACH To Mike Strange From JuGie K. Osugi Senior Planner Planning Aide ENVIRONMENTAL ASSESSMENT June 7, 1990 Subject NO. 90-17 Date Applicant : Jim Caviola Request: To amend Articles 912, 915 and 942 of Huntington Beach Ordinance Code to permit projecting decks in the R2, R3, R4 and PD zones as allowed in R1 zones . Location: City wide. Background I The Environmental Review Committee has reviewed the environmental information form noted above and has determined that a negative declaration may be filed for the project. In view of this, a draft negative declaration was prepared and was published in the Daily Pilot and posted in the Office of the City Clerk for a twenty-one (21) day public review period commencing Monday, June 11, 1990, and ending Monday, July 2, 1990. If any comments regarding the draft negative declaration are received, you will be notified immediately. Recommendation The Environmental Review Committee recommends that the Planning Commission approve Negative Declaration No. 90-17 finding that the proposed project will not have a significant adverse effect on the environment. JKO:kjl (6038d) ENVIRONMENTAL CHECKLIST FORM CITY OF HUNTINGTON BEACH PLANNING DIVISION ENVIRONMENTAL ASSESSMENT NO. 90-17 1. Name of Proponent Jim Caviola Address 1008 Ocean Avenue $4 Seal Beach. CA 90704 Phone Number (714) 851-1200 2. Date Checklist Submitted for Review June 6. 1990 3. Concurrent Entitlement(s) Code Amendment No. 90-3 4. Project Location City Wide 5. Project Description Amendment to Articles 912 & 915 of the City of Huntington Beach Ordinance. Code to allow aroiecting decks in the R2. R3. R4. and PD Zones. ENVIRONMENTAL IMPACTS (Explanations of answers are included after each subsection.) Yes Mavbe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? _ _ X b. Disruptions, displacements, compaction or overcovering of the soil? _ _ X C. Change in topography or ground surface relief features? _ _ X d. The destruction, covering or modification of any unique geologic or physical features? _ _ X e. Any increase in wind or water erosion of soils, either on or off the site? _ _ X f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? — _ X 1 Yes Mavbe No g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? _ _ X Discussion: The proposed project will permit cantilevered decks over waterways in multi—family zoning districts and is not anticipated to result in any displacement or overcovering of soils. 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? _ _ X b. The creation of objectionable odors? _ _ X C. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? _ _ X 3. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? _ _ X Discussion: The amendment will allow for cantileverd decks which do not require any structural supports in the water. b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? _ _ X Discussion: The amendment will not result in the overcovering of soils. C. Alterations to the course or flow of flood waters? _ _ X Discussion: See 3a. d. Change in the amount of surface water in any water body? _ _ X e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? _ _ X f. Alteration of the direction or rate of flow of ground waters? _ _ X g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? _ _ X h. Substantial reduction in the amount of water otherwise available for public water supplies? — — X i. Exposure of people or property to water related hazards such as flooding or tidal waves? _ _ X ENVIRONMENTAL CHECKLIST —2— (5981d) Yes Maybe No 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? _ X Discussion: The amendment may impact eel grass habitats. Placement of cantilevered decks which could extend up to 5' over the water (if located over an eelgrass bed) could result in the loss of all or a portion of the eelgrass bed. However, the code amendment will allow for cantilevered decks subject to use permit approval . Impacts to eelgrass habitats and other biological resources will be addressed on a case by case basis through the use permit process; therefore, no significant impacts are anticipated. b. Reduction of the numbers of any mature, unique, rare or endangered species of plants? _ X Discussion: See 4a. C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? _ _ X d. Reduction in acreage of an agricultural crop? _ _ X 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? _ X Discussion: See 4a. b. Reduction of the numbers of any unique, rare or endangered species of animals? _ X Discussion: See 4a. C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? _ _ X d. Deterioration to existing fish or wildlife habitat? _ X _ Discussion: See 4a. 6. Noise. Will the proposal result in: a. Increases in existing noise levels? _ _ X b. Exposure of people to severe noise levels? _ _ X 7. Light and Glare. Will the proposal produce new light or glare? _ _ X '\ENVIRONMENTAL CHECKLIST —3— (5981d) Yes Maybe No 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? X Discussion: The proposed amendment will permit cantilevered decks in multi—family residential zones as they are currently allowed in single—family zones. 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? _ _ X b. Substantial depletion of any nonrenewable natural resource? _ _ X 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? _ _ X b. Possible interference with an emergency response plan or an emergency evacuation plan? _ _ X 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? _ _ X 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? _ _ X Discussion: The proposed amendment will not affect housing stock. 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? X b. Effects on existing parking facilities, or demand for new off—site parking? _ _ X C. Substantial impact upon existing transportation systems? _ _ X d. Alterations to present patterns of circulation or movement of people and/or goods? _ _ X e. Alterations to waterborne, rail or air traffic? _ _ X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? _ _ X Discussion: The proposed amendment will not result in the generation of addition vehicle trips, nor will it result in the disruption of any circulation systems in the city. 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? _ _ X ENVIRONMENTAL CHECKLIST —4— (5981d) Yes Maybe No b. Police protection? X C. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? X f. Other governmental services? _ _ X Discussion: The proposed amendment is not anticipated to require any additional local government sources. 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ _ X b. Substantial increase in demand upon existing source of energy, or require the development of sources of energy? _ _ X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? _ _ X b. Communication systems? _ _ X C. Water? X d. Sewer or septic tanks? _ _ X e. Storm water drainage? _ _ X f. Solid waste and disposal? _ _ X 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ _ X b. Exposure of people to potential health hazards? _ _ X 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? _ X Discussion: Code amendment will allow for cantilevered decks subject to use permit approval. Aesthetic issues will be addressed on an individual basis through the use permit process; therefore, no significant impacts are anticipated. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? _ _ X ENVIRONMENTAL CHECKLIST —5— (5981d) 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? _ _ X b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? _ _ X C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? _ _ X d. Will the proposal restrict existing religious or sacred uses within the potential impact area? _ _ X 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, sub— stantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? _ X Discussion: See 4a. b. Does the project have the potential to achieve short—term, to the disadvantage of long—term, environmental goals? (A short—term impact on the environment is one which occurs in a relatively brief, definitive period of time while long—term impacts will endure well into the future.) _ _ X C. Does the project have impacts which are individually limited, but cumulatively consid— erable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) _ _ X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? _ _ X ENVIRONMENTAL CHECKLIST —6— (5981d) DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. June 6, 1990 Date Si gn@Aure Revised: March, 1990 For: City of Huntington Beach Community Development Department ENVIRONMENTAL CHECKLIST -7- (5981d) CITY OF HUNTINGTON BEACH STANDARD MITIGATING MEASURES 1. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 2. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 3. Low volume heads shall be used on all showers. 4. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an offsite facility equipped to handle them. 5. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the state acoustical standards set forth for units that lie within the 60 CNEL contours of the property. The interior noise levels of all dwelling units shall not exceed the California insulation standards of 45 dba CNEL. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). All measures recommended to mitigate noise to acceptable levels shall be incorporated into the design of the project. 6. If lighting is included in the parking lot and/or recreation area energy efficient lamps shall be used (e.g., high pressure sodium vapor, metal halide). All outside lighting shall be directed to prevent "spillage"onto adjacent properties. 7. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on—site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 8. Existing mature trees on site shall be retained and incorporated into the site plan if feasible. Any existing mature tree that must be removed shall be replaced at a 2:1 ratio with 36" box trees which shall be incorporated into the project's landscape plan. 9. If foil—type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department. 10. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be con— structed in compliance with the g—factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g—factors shall be submitted to the City for review prior to the issuance of building permits. 11. Prior to the issuance of a grading permit, a grading plan shall be submitted to the City's Department of Public Works. A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works if deemed necessary. 12. Information on equipment or facilities which may generate air pollutants shall be submitted to the South Coast Air Quality Management District staff for their review prior to the issuance of a Certificate Of Occupancy for any use within the building. ENVIRONMENTAL CHECKLIST —8— (5981d) • 13. If any hazardous materials are to be used on site, the business must comply with Chapter 1758 of the City's Municipal Code which requires any business that handles or stores hazardous materials, including waste, to inventory the hazardous materials on site and prepare a business emergency plan in case of an accidental release of toxic material. Additionally, all hazardous materials, including waste, must be handled and stored in accordance with the Uniform Fire Code. Waste oil is considered a hazardous waste. 14. Should any abandoned oil wells or tanks be encountered, the Fire Department shall be notified and current standards met as required by Article 15 of the Huntington Beach Ordinance Code. Any abandonment of existing wells must be to current standards as well. 15. An on—site qualified archaeologist should monitor all initial grading and excavation activities. 16. Should any cultural materials be encountered during the initial site survey or during grading and excavation activities, all activity shall cease and the archaeologist shall determine the appropriate course of action. 17. Should any human bone be encountered during any construction activities on the site, the archaeologist shall contact the coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code relative to Native American Remains. Should the coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to State Law SB 297. 18. During cleaning, grading, earth moving or excavation, the applicant shall : a. Control fugitive dust by regular watering, paving construction roads, or other dust preventive measures. b. Maintain equipment engines in proper tune. 19. During construction, the applicant shall: a. Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site, b. Wet down areas in the late morning and after work is completed for the day, c. Use low sulfur fuel (.05% by weight) for construction equipment, d. Phase and schedule construction activities to avoid high ozone days (first stage smog alerts), e. Discontinue construction during second stage smog alerts. 20. Construction shall be limited to Monday — Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 21. Prior to initiation of construction, police and fire departments shall be notified and the departments shall be kept informed about duration and extent of construction throughout the process. 22. Public Works Department shall provide alternate routes for traffic during the construction phase, if necessary. Adequate signage shall be provided to warn motor vehicles, bicyclists and pedestrians of construction. ENVIRONMENAL CHECKLIST T —9— (5981d) I 23. All oil facilities within the boundaries of the development which are to be removed and abandoned, reabandoned or to remain must meet all existing requirements of the City of Huntington Beach and the State Division of Oil and Gas. Further protective measures may be required, depending upon the conditions and quality of the abandonments and reabandonments. Additionally, any mobile homes which are placed over abandoned oil wells must be equipped with a household "methane detector." 24. The area must be sampled and monitored for methane on a "grid system" of one hundred (100) foot lengths. Each one hundred (100) feet, the soil must be probed to a depth of two (2) to three (3) feet. Each TENTH site must be an augered or drilled hole of a minimum three (3) inch diameter sunk to a depth of ten (10) feet. Each probe site and auger or drill site must be tested for the presence of methane, and all readings must be recorded for each site in PERCENT OF LOWER EXPLOSIVE LIMIT (LEL) of methane. The results of the tests must be submitted to the Fire Department for evaluation. Any anomalously high readings (as defined in the Roberti Methane Study for the State of California) must be addressed and mitigated prior to mobile homes being placed in the area of the high reading. If no anomalously high amounts of methane are encountered, development may proceed. The Fire Department will perform further monitoring activities at surface levels as is deemed necessary. ENVIRONMENTAL CHECKLIST —10— (5981d) ENVIRONMENTAL REVIEW COMMITTEE AGENDA Wednesday, June 6, 1990 2 :00 PM 3rd Floor Center Conference Room Members : Sarah Lazarus, Bill Patapoff, Howard Zelefsky Staff: Scott Hess, Julie Osugi, Laura Phillips, Hal Simmons I . ENVIRONMENTAL ASSESSMENT NO. 89-56 : Applicant: James C. Lu Request: 11 unit condominium project. Location: 602-610 Pacific Coast Highway (Northwest corner of Pacific Coast Highway & 6th Street) . Discussion: Staff briefly described the project . ERC briefly discussed issues of the noise, transportation, and parking. Action: On a motion by Howard Zelefsky and a second by Sarah Lazarus, the committee recommended that a Negative Declaration be processed. AYES: Three II . ENVIRONMENTAL ASSESSMENT NO. 90-17: Applicant: Jim Caviola Request: To amend Articles 912, 915 and 942 of the Huntington Beach Ordinance Code to permit projecting decks in the R2, R3, R4 and PD zones . Location: City-wide. Discussion: Staff briefly described the project. ERC discussed impacts to eelgrass habitats and aesthetics. The Committee discussed allowing cantilevered decks subject of use permit approval to provide mechanisms for mitigating aesthetic and plant habitat impacts when necessary. Action: On a motion by Howard Zelefsky, and a second by Sarah Lazarus, the committee recommended a Negative Declaration be processed. AYES: Three III . ADJOURN JO:kjl (6045d) A MOTION WAS MADE BY WILLIAMS, SECOND BY SHOMAKER, TO CONTINUE ITEM B-7 HOLLY-SEACLIFF DEVELOPMENT AGREEMENT - GENERAL PLAN CONFORMANCE TO A SPECIAL MEETING ON MONDAY SEPTEMBER 24 , 1990, AT 7:00 PM TO ALLOW FOR ADDITIONAL NEGOTIATIONS WITH THE CONDITION THAT THE COMMISSIONERS RECEIVE THE STAFF REPORT BY 5 : 00 PM, FRIDAY SEPTEMBER 21, 1990 , BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Kirkland, Bourguignon, NOES: Mountford, Ortega, Leipzig ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY BOURGUIGNON, SECOND BY SHOMAKER, TO AMEND THE PREVIOUS MOTION FROM 7 : 00 PM MONDAY SEPTEMBER 24, 1990 TO 5 : 00 PM MONDAY SEPTEMBER 24 , 1990, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: Mountford ABSENT: None ABSTAIN: None B-1 CODE AMENDMENT 90-3/NEGATIVE DECLARATION 90-17: APPLICANT: JIM CAVIOLA LOCATION: City Wide The Planning Commission continued this item from the September 5, 1990 meeting, in order to allow the Huntington Harbour Code Committee the opportunity to review and discuss the proposed code amendment . The Commission also asked that staff research items related to DFG eelgrass updates and code allowances for opaque materials on the bottom of windscreens. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development advertised draft Negative Declaration No. 90-17 for twenty-one (21) days, and no comments, either verbal or written were received. The staff, in its initial study of the project, has recommended that a negative declaration be issued. Prior to any action on Code Amendment No. 90-3, it is necessary for the Planning Commission to review and act on Negative Declaration No. 90-17 . : PC Minutes - 9/18/90 -2- (7265d) COASTAL 'STATUS: An amendment to the Huntington Beach Local Coastal Program implementing ordinances will be filed with the California Coastal Commission to incorporate the changes of this code amendment following approval by the Planning Commission and City Council . STAFF RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of Negative Declaration 90-17 and Code Amendment 90-3 and forward the proposed ordinance to the City Council for adoption based on the findings. THE PUBLIC HEARING WAS OPENED THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY MOUNTFORD, SECOND BY ORTEGA, TO APPROVE CODE AMENDMENT NO. 90-3 AND NEGATIVE DECLARATION NO. 90-17 WITH FINDINGS AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL 1. Code Amendment No. 90-3 will be consistent with the goals and policies contained within the City Local Coastal Program by orotect`.ng environmental sensitive areas . 2 . Code Amendment No. 90-3 will not adversely aff_ec� the surrounding properties or property values, b-C regulating the location and size of projective decks . 3 . Code Amendment No. 90-3 will not adversely a.-L'fect the goals and policies of the General Plan by establishing reasonable regulations for the construction of projecting decks . B--2 CONDITIONAL USE PERMIT NO, 90-43/APPEAL OF DESIGN REVIEW (CONDITIONAL USE PERMIT) ACTION: APPLICANT: DAVID M. LAUTNER LOCATION: 217 Main Street (west side, approximately 125 ' south of Olive Avenue) PC Minutes - 9/18/90 -3- (7265d) SrA f f huntington beach department of community development EPOR TO: Planning Commission FROM: Community Development DATE: September 18, 1990 SUBJECT: CODE AMENDMENT 90-3/NEGATIVE DECLARATION 90-17 APPLICANT: Jim Caviola DATE ACCEPTED: 1008 Ocean Ave. , #4 March 2, 1990 Seal Beach, CA 90740 ZONE: R1, R2, R3 , R4 , WR, PRD/-PD PROPERTY OWNER: Jim Caviola GENERAL PLAN: Residential Low/Medium/High REQUEST: To allow projecting decks on waterfront lots in the EXISTING USE: Single and R1, R2, R3 , R4 , WR and Multiple Family Dwellings PRD/-PD Zones . LOCATION: City Wide 1 . 0 SUGGESTED ACTION: Recommend approval Code Amendment 90-3 and Negative Declaration No. 90-17 with findings and forward to City Council for adoption. 2 . 0 GENERAL INFORMATION: The Planning Commission continued this item from the September 5, 1990 meeting, in order to allow the Huntington Harbour Code Committee the opportunity to review and discuss the proposed code amendment . The Commission also asked that staff research items related to DFO eelgrass updates and code allowances for opaque materials on the bottom of windscreens . Adrx 6 .1 Maw sm A-F M-23C 3 . 0 ENVIRONMENTAL STATUS : Pursuant to the environmental regulations in effect at this time, the Department of Community Development advertised draft Negative Declaration No . 90-17 for twenty-one (21) days , and no comments, either verbal or written were received . The staff, in its initial study of the project, has recommended that a negative declaration be issued. Prior to any action on Code Amendment No . 90-3 , it is necessary for the Planning Commission to review and act on Negative Declaration No . 90-17 . 4 . 0 COASTAL STATUS: An amendment to the Huntington Beach Local Coastal Program implementing ordinances will be filed with the California Coastal Commission to incorporate the changes of this code amendment following approval by the Planning Commission and City Council . 5 . 0 REDEVELOPMENT STATUS: Not applicable. 6 . 0 SPECIFIC PLAN: Not applicable. 7 . 0 SUBDIVISION COMMITTEE: Not applicable. 8 . 0 ISSUES AND ANALYSIS: On September 6, 1990, staff met with the Huntington Harbour Code Committee, in part to address the Projecting Decks Code Amendment . In attendance was Jim Caviola, applicant for Code Amendment No. 90-3 . The Committee determined that language allowing the use of opaque materials at the bottom of windscreens was in existence and that the code amendment as proposed was acceptable. In response to the issue of Department of Fish & Game. Eelgrass report updates, the following language has been added to Article 942 WR District Section 9421 . 1(c) : "The Department of Fish & Game shall be contacted for the most recent information prior to issuance of any building permit for a structure extending beyond the bulkhead line. " 9 . 0 RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of Negative Declaration 90-17 and Code Amendment 90-3 and forward the proposed ordinance to the City Council for adoption based on the following findings : FINDINGS FOR APPROVAL 1 . Code Amendment No . 90-3 will be consistent with the goals and policies contained within the City Local Coastal Program by protecting environmental sensitive areas . Staff Report - 9/18/90 -2- (7121d) 2 . Code Amendment No . 90-3 will not adversely affect the surrounding properties or property values, by regulating the location and size of projective decks . 3 . Code Amendment No . 90-3 will not adversely affect the goals and policies of the General Plan-.-by establishing reasonable regulations for the construction of projecting decks . 10 . 0 ALTERNATIVE ACTION: A. Continue for two weeks and direct staff to make any modifications deemed necessary; or B. Deny Code Amendment 90-3 with findings . ATTACHMENTS: 1 . Staff Report dated September 5, 1990 2 . Draft Ordinances (Article 911, 912, 915, and 942) 3 . Negative Declaration 90-17 4 . Department of Fish and Game area map 5 . Area map of all multi-family zoned property to be affected HS:WC: kjl Staff Report - 9/18/90 -3- (7121d) Ontington beach department4pr community development sraFF EPOR TO: Planning Commission FROM: Community Development DATE : September 5 , 1990 SUBJECT: CODE AMENDMENT 90-3/NEGATIVE DECLARATION 90-17 APPLICANT: Jim Caviola DATE ACCEPTED : 1008 Ocean Ave . , #4 March 2 , 1990 Seal Beach, CA 90740 ZONE : Rl, R2 , R3 , R4 , WR, PRD/-PD PROPERTY f OWNER: Jim Caviola GENERAL PLAN: Residential i Low/Medium/High REOUEST: To allow projecting decks on waterfront lots in the EXISTING USE : Single and R1 , R2 , R3 , R4 , WR and Multiple Family Dwellings PRD/-PD Zones . LOCATION: City Wide 1 . 0 SUGGESTED ACTION: Recommend approval Code Amendment 90-3 and Negative Declaration No . 90-17 with findings and forward to City Council for adoption. 2 . 0 GENERAL INFORMATION: The Planning Commission continued this item from the July 27, 1990 meeting, in order to allow the Planning Division the opportunity to notify the Huntington Harbour property owners associations . Code Amendment No . 90-3 is a request to amend Articles 911 (Low Density Residential) , 912 (Medium, Medium High, and High Density Residential Districts) , 915 (Planned Residential Development) and 942 (Water Recreation Districts) to allow projecting decks up to five (5) feet beyond the bulkhead. Currently, the code only allows such projections in the single family residential zones (Rl) . Adwx �3- 3 A-FM-23C 3 . 0 ENVIRONMENTAL STATUS : Pursuant to the environmental regulations in effect at this time, the Department of Community Development advertised draft Negative Declaration No . 90-17 for twenty-one (21) days , and no comments , either verbal or written were received . The staff, in its initial study of the project , has recommended that a negative declaration be issued . Prior to any action on Code Amendment No . 90-3 , it is necessary for the Planning Commission to review and act on Negative Declaration No . 90-17 . 4 . 0 COASTAL STATUS : An amendment to the Huntington Beach Local Coastal Program implementing ordinances will be filed with the California Coastal Commission to incorporate the changes of this code amendment following approval by the Planning Commission and City Council . 5 . 0 REDEVELOPMENT STATUS : Not applicable . 6 . 0 SPECIFIC PLAN: Not applicable . 7 . 0 SUBDIVISION COMMITTEE : Not applicable . 8 . 0 ISSUES AND ANALYSIS : Code Amendment No . 90-3 is intended to amend Articles 911, 912 , 915 and 942 , of the Huntington Beach Ordinance Code to allow projecting decks up to five feet over the bulkhead . Currently, projecting decks are only permitted within the Low Density Residential Districts (Rl) . This item was generated at the request of Jim Caviola, property owner of several Medium Density Residential (R2) zoned lots adjacent to the waterway. During staff ' s initial study, it was recommended that the Department of Fish and Game be notified to identify certain environmentally sensitive areas that could be adversely affected by projecting decks . A response from the Department of Fish and Game-included a concern for eelgrass habitats surrounding multi-family residential zones . According to Richard Nitsos , Associate Marine Biologist, Department of Fish and Game, cantilevered decks that extend up to five feet over the water could result in the loss of all or a portion of an eelgrass bed. Section 942 currently prohibits any structure to extend beyond the bulkhead in an area identified as environmentally sensitive such as , but not limited to, eelgrass beds and mudflats . The Department of Fish and Game has supplied the Department of Community Development with an area map depicting eelgrass habitats . That map is attached to this staff report . Staff Report - 9/5/90 -2- (6973d) As proposed , this code amendment will make the following amendments to the following zoning code Articles : Article 911 (R1) will be amended to require projecting decks to follow the development standards set forth in Article 942 (WR) . Article 912 (R2 , R3 , R4 ) and Article 915 (PRD/-PD) will be amended to include identical language as adopted in Article 911 (Rl) . Article 942 (WR) , will be amended to allow covers and windscreens to a maximum height of nine feet , not exceeding the height of the second story finished floor , as presently permitted in Article 911 (Rl) . In summary, Article 911 , 912 , and 915 will contain identical language that will essentially allow decks , covers and windscreens in the respective zones . Each Article (911, 912 , 915) will also make reference to Article 942 (WR) . Article 942 lists the permitted uses , and development standards for decks and structures in the water recreation district . The language in this code amendment is consistent with language proposed by the Huntington Harbour Code Committee in that 85% visibility through the windscreen is also required . If adopted, Code Amendment 90-3 will apply to multi-family waterfront lots in the harbour area . Attachment No . 3 illustrates current eelgrass habitats in relation to multi-family zoned districts . Attachment No . 4 illustrates all multi-family zoned property adjacent to the waterway. As can be seen, there are relatively few areas which will be affected by this code amendment . This Code Amendment along with the attached area map of eelgrass habitats will allow the Department of Community Development to review all applications for projecting decks in these areas prior to approval by the California Coastal Commission. 9 . 0 RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of Negative Declaration 90-17 and Code Amendment 90-3 and forward the proposed ordinance to the City Council for adoption based on the following findings : FINDINGS FOR APPROVAL 1 . Code Amendment No . 90-3 will be consistent with the goals and policies contained within the City Local Coastal Program by protecting environmental sensitive areas . 2 . Code Amendment No . 90-3 will not adversely affect the surrounding properties or property values , by regulating the location and size of projective decks . 2 . Code Amendment No . 90-3 will not adversely affect the goals and policies of the General Plan by establishing reasonable regulations for the construction of projecting decks . Staff Report - 9/5/90 -3- ( 6973d) i 10 . 0 ALTERNATIVE ACTION: A. Continue for two weeks and direct staff to make any modifications deemed necessary; or B . Deny Code Amendment 90-3 with findings . ATTACHMENTS : 1 . Draft Ordinances (Article 911, 912 , 915 , and 942) 2 . Negative Declaration 90-17 3 . Department of Fish and Game area map 4 . Area map of all multi-family zoned property to be affected HS ::V CO"k.S 1 Staff Report - 9/5/90 -4- ( 6973d) 9120 . 11(a) 9120 . 11 Miscellaneous Requirements . (a) Accessory buildings . Accessory buildings may be permitted on a lot .with a permitted main building . The minimum distance between an accessory building and any other building on the same parcel shall be ten (10) feet . Setback requirements are as specified in this article. (b) Building separation. The minimum distance between main buildings on the same parcel shall be fifteen (15) feet . Architectural features (including eaves, fireplaces, and open unroofed stairways and balconies) shall maintain a minimum distance of five (5) feet from any portion of any other building on the same lot . Setback requirements for such architectural features are as specified in this article. (c) Building offset . Structures having dwellings attached side by side shall be composed of not more than six dwelling units unless such structures provide an offset in the front building line a minimum of four (4) feet for every two dwelling units in the structure. (d) Minimum floor area . No. Bedrooms Sguare feet Bachelor/Single 500 One 650 Two 900 Three 1, 100 Four 1,300 (e) Fencing. Fencing shall comply with the standards outlined in Article 977 . (f) Landscaping. All setback areas visible from a public street and all common open space areas shall be landscaped and permanently maintained in an attractive manner with irrigation facilities provided. Trees shall be provided at a rate of one (1) thirty-inch box tree per forty-five (45) feet of street frontage or fraction thereof . Landscaping plans shall conform to the provisions of Article 960 . (g) Lighting . A lighting system shall be provided along all vehicular access ways and major walkways . Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties . A lighting plan shall be submitted for approval by the director . 9120 . 11 (h) Trash enclosures . Projects with more than four units shall have enclosed trash collection areas within two hundred (200) feet of any unit . Trash enclosures shall be constructed of masonry or other materials compatible with the main building and shall be screened from view of adjacent property. Ord . 2838, 20 Aug 86) (i) Projecting decks . Decks on waterfront lots may project five . (5) feet beyond the bulkhead or bulkhead line extended provided that side yard setbacks as required for the main dwelling are maintained, and subject to the development standards set forth in Article 942 and Chapter 17.24 of the Huntington Beach Municipal Code. (1) Covers and windscreens. Covers for projecting decks and windscreens may be permitted if constructed of light weight materials such as plastic, canvas, fiberglass, tempered glass or metal, except for necessary bracing and framing. The maximum height for windscreens shall be nine (9) feet above the finished surface of the deck at the bulkhead line, but not exceeding the height of the second story finished floor. A minimum eighty (80) percent of one side of such windscreen shall be open. The top portion of any windscreen shall be composed of materials and design which allow a minimum of 85 percent transmission of light and visibility through the windscreen in each direction when viewed from any angle. (2) Removal. Decks and windscreens projecting over city property which do not comply with the above provisions may be removed by the city upon thirty (30) days written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. (Ord. 495, 6/46; Ord. 556, 2/50; Ord. 940, 1/63 ; Ord. 1128, 5/66 ; Ord. 1212, 7/66; Ord. 1222, 8/66; Ord. 1288, 8/66; Ord. 1315 , 5/67; Ord. 1447, 11/68; Ord. 1469, 3/69 ; Ord. 1512, 8/69 ; Ord . 1603 , 10/70; Ord. 1609, 11/70; Ord. 1683 , 12/71; Ord. 1684 ; 12/71; Ord. 1686, 1/72; Ord. 1705; 2/72; Ord. 1752, 10/72; Ord. 1754 , 7/72; Ord . 1809, 2/73; Ord. 1847, 7/73 ; Ord. 1860, 9/73 ; Ord . 1941, 10/74 ; Ord. 1952, 2/75; Ord. 2166, 3/77; Ord. 2373 , 9/79 ; Ord . 2411, 2/80; Ord. 2580, 11/82) 6/87 9150 . 19 9150 . 19 Miscellaneous provisions . Developments shall comply with the following provisions : (a) Address signs . The placement of address numbers shall be as approved by the fire department . (b) Cable tv. No exterior television antenna shall be permitted, but a common underground cable service to all dwelling units may be provided. (c) Laundry areas . Where central laundry areas are provided, they shall be located to minimize visual and noise intrusion to the surroundings . (d) Lighting . The developer shall install an on-site lighting system on all vehicular access ways, within all covered or unenclosed parking areas, and along major walkways . A lighting plan shall be submitted for approval to the director . Lighting shall be directed onto driveways and walkways within the development and away from adjacent properties . (e) Storage space. Where the proposed development is designed without an attached garage for each dwelling unit, a minimum of one hundred (100) cubic feet of separate storage space shall be provided per unit . The design, location and size of the storage space shall be integrated into the development . (f) Street signs . The developer shall install on-site street name signs at the intersections of access ways, as approved by the city engineer . The design and location of street signs shall be approved by the police department . All signs shall be installed prior to the time the first unit is occupied. (g) Trash collection areas . Trash collection areas shall be provided within two hundred (200) feet of the units they serve. Such areas shall be enclosed or screened with masonry, and shall be situated in order to minimize noise and visual intrusion on adjacent property as well as to eliminate fire hazard to adjacent structures . (h) Vehicular storage. Unenclosed areas for storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited unless specifically designated storage areas are set aside on the final development plan and provided for in the covenants, conditions and restrictions . Where such areas are provided, they shall be enclosed and screened from view on a horizontal plane from adjacent areas by a combination of a six (6) foot high masonry wall and a landscaped buffer . (Ord. 2850, 20 Aug 86; Ord. 2711, 10/84 ; Ord. 2056, 6/76; Ord. 2049, 5/76; Ord. 1803 , 2/73; Ord. 1717, 3/62; Ord. 1563 , 4/70) 9150 . 19 (i) Proiecting decks . Decks on waterfront lots may project five (5) feet beyond the bulkhead or bulkhead line extended provided that side yard setbacks as required for the main dwelling are maintained, and subject to the development standards set forth in Article 942 and Chapter 17.24 of the Huntington Beach Municipal Code. (1) Covers and windscreens. Covers for projecting decks and windscreens may be permitted if constructed of light weight materials such as plastic, canvas, fiberglass, tempered glass or metal, except for necessary bracing and framing. The maximum height for windscreens shall be nine (9) feet above the finished surface of the deck at the bulkhead line, but not exceeding the height of the second story finished floor. A minimum eighty (80) percent of one side of such windscreen shall be open. The top portion of any windscreen shall be composed of materials and design which allow a minimum of 85 percent transmission of light and visibility through the windscreen in each direction when viewed from any angle. (2) Removal. Decks and windscreens projecting over city property which do not comply with the above provisions may be removed by the city upon thirty (30) days written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. 8/87 9421 . 1--9422 9421 . 1 Permitted uses . (a) The following uses shall be permitted: B. Beaches P. Private Cantilevered Decks abutting residential uses . Private boat ramps, slips, docks, windscreens and boat hoists in conjunction with adjacent single family dwellings Public boat ramps and piers (b) Conditional use permit . The following public and semipublic uses shall be permitted subject to the approval of a conditional use permit by the planning commission: B. Boat related activity Boat slips D. Docks M. Marine fueling docks S. Sight-seeing vessels Sport fishing W. Water taxi service (Ord. 2862, 2 Oct 86; Ord. 2752, 4/85; Ord. 2704 , 7/84 ; Ord. 2659 , 12/83) 9421 . 2 Development standards . (a) No use shall be sited or designed so as to obstruct public access to any sandy beach or public use area. (b) No deck or structure shall extend more than five (5) feet over or in front of any bulkhead .in any channel except for a landing or brow for access to a gangway for a dock. (Ord. 2862, 2 Oct 86; Ord. 2752, 4/85; Ord. 2704 , 7/84) 9421 . 1--9422 (c) No structure shall extend beyond the bulkhead in an area identified as environmentally sensitive as determined by the Department of Fish and Game. These areas include, but are not limited to, eelgrass beds and mudflats. The Department of Fish & Game shall be contacted for the most recent information prior to issuance of any building permit for a structure extending beyond the bulkhead line. (d) Covers for projecting decks and windscreens may be permitted if constructed of light weight materials such as plastic, canvas, fiberglass, tempered glass or metal, except for necessary bracing and framing. The maximum height for windscreens shall be nine (9) feet above the finished surface of the deck at the bulkhead line, but not exceeding the height of the second story finished floor. A minimum eighty (80) percent of one side of such windscreen shall be open. The top portion of any windscreen shall be composed of materials and design which allow a minimum of 85 percent transmission of light and visibility through the windscreen in each direction when viewed from any angle. 9422 General provisions--Coastal conservation district . The purpose of the coastal conservation district is to implement the general plan land use designation of open space conservation, and provide for protection, maintenance, restoration and enhancement of wetlands and environmentally sensitive habitat areas located within the coastal zone while permitting appropriate land uses . (Ord. 2888, 31 Dec 86 ; Ord. 2862, 10/86) 7/87 • • 9110 . 11 9110 . 11 Miscellaneous requirements . (a) Accessory buildings . Accessory buildings may be permitted on a lot with a permitted main building . The _minimum distance between an accessory building and any other building on the same lot shall be ten (10) feet . Setback requirements are as specified in this article. (b) Architectural features . Architectural features, in- cluding eaves, fireplaces , and open, unroofed stairways and balconies shall maintain a minimum distance of five (5) feet from any portion of any other building on the same lot . Set- back requirements are as specified in this article. (c) Fencing . Fencing shall comply with the standards outlined in this code. (d) Projecting decks . Decks on waterfront lots may pro- ject five (5) feet beyond the bulkhead or bulkhead line ex- tended provided that side yard setbacks as required for the main dwelling are maintained, and subject to the f6XX60IYI4 Y�¢��fYXAfi�pif� development standards set forth in Article 942 and Chapter 17 . 24 of the Huntington Beach Municipal Code. (1) Covers and windscreens . Covers for projecting decks and windscreens may be permitted if constructed of light weight materials such as plastic, canvas, fiberglass, tempered glass or metal, except for necessary bracing and framing . The maximum height for windscreens shall be nine (9) feet above the finished surface of the deck at the bulkhead line, but not exceeding the height of the second story finished floor . A minimum eighty (80) percent of one side of such windscreen shall be open. The top portion of any windscreen shall be composed of materials and design which allow a minimum of 85 percent transmission of light and visibility through the windscreen in each direction when viewed from any angle. (2) Removal . Decks and windscreens projecting over city property which do not comply with the above provisions may be removed by the city upon thirty (30) days written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right . (e) Minimum dwelling size. (1) The minimum residential floor area shall be one thousand (1, 000) square feet . (2) The minimum width of a residential structure shall be twenty (20) feet . The director may approve a re- duction in this requirement for a portion of or addition to the main dwelling . (Ord. 2837, 16 Jul 86) 8/87 9110 , 11 (Prior law: Ord . 495 , 6/46 ; Ord. 556, 2/50; Ord. 731, 10/59 ; Ord. 810, 1/61; Ord. 940, 1/63 ; Ord . 961, 6/63 ; Ord . 1077, 9/64 ; Ord. 1110, 2/65; Ord. 1120, 2/65; Ord . 1189 , 4/66 ; Ord . 1194 , 5/66 ; Ord. 1212, 7/66 ; Ord. 1377, 1/67 ; Ord . 1469 , 3/69 ; Ord. 1492, 5/69 ; Ord. 1512 , 8/69 ; Ord. 1533 , 11/69; Ord. 1553 , 3/70; Ord . 1608 , 11/70; Ord. 1705, 2/72; Ord. 1754 , 7/72; Ord. 1952, 2/75; Ord. 1953 , 2/75 ; Ord. 2110 , 10/76; Ord. 2115, 11/76; Ord. 2166, 3/77; Ord. 2373 , 9/79 ; Ord . 2411, 2/80 ; Ord. 2560, 7/72; Ord. 2580, 11/82; Ord . 2680, 3/84 ; Ord. 2735, 12/84) 8/87 LEGAL ADVERTISEMENT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION CITY OF HUN'TINGTON BEACH Notice is hereby given by the Department of Community Development , Planning Division of the City of Huntington Beach that the following Draft Negative Declaration request has been prepared and will be submitted to ' the City of Huntington Beach Planning Commission for their consideration . The Draft Negative Declarations will be a,vai lablc for pUbliC review and comment for twenty-one ( 21) days commencing Monday, June 11 , 1990 . Draft Negative Declaration No . 90-17 in conjunction with Code AmendmQnt No . 90-3 , covers a request to amend Articles 912 , 915 and 942 of - the Huntington Beach Ordinance Code to allow projecting decks in R2 (Medium Density Residential) , R3 (Medium High Density Residential ) , R4 (High Density Residential) and PD (Planned Development) . A copy of the req�iest is on file with the City Clerk, City of Huntington Beach, 2000 Main Street , Huntington Beach, California . Any person wishing to comment on the request may do so in writing within twenty-one (21) days of this notice by providing written comments to the Department of Community Development , Planning Division, P . O . Box 190 , Huntington Beach, CA 92648 . ( 6033d) ENVIRONMENTAL CHECKLIST FORM CITY OF HUNTINGTON BEACH PLANNING DIVISION ENVIRONMENTAL ASSESSMENT NO. 90-17 1. Name of Proponent Jim Caviola Address 1008 Ocean Avenue $4 Seal Beach, CA 90704 Phone Number (714) 851-1200 2. Date Checklist Submitted for Review June 6. 1990 3. Concurrent Entitlement(s) Code Amendment No. 90-3 4. Project Location City Wide 5. Project Description Amendment to Articles 912 & 915 of the City of Huntinaton Beach Ordinance. Code to allow orol ectina decks in the R2. R3. R4. and PD Zones. ENVIRONMENTAL IMPACTS (Explanations of answers are included after each subsection.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? _ _ X b. Disruptions, displacements, compaction or overcovering of the soil? _ _ X C. Change in topography or ground surface relief features? _ _ X d. The destruction, covering or modification of any unique geologic or physical features? _ _ X e. Any increase in wind or water erosion of soils, either on or off the site? _ _ X f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? — _ X Yes Maybe No g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? X Discussion: The proposed project will permit cantilevered decks over waterways in multi—family zoning districts and is not anticipated to result in any displacement or overcovering of soils. 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? — _ X b. The creation of objectionable odors? X C. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? X 3. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? X Discussion: The amendment will allow for cantileverd decks which do not require any structural supports in the water. b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? — X Discussion: The amendment will not result in the overcovering of soils. C. Alterations to the course or flow of flood waters? _ _ X Discussion: See 3a. d. Change in the amount of surface water in any water body? — _ X I e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? — _ X f. Alteration of the direction or rate of flow of ground waters? _ _ X g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? — _ X h. Substantial reduction in the amount of water otherwise available for public water supplies? _ _ X i . Exposure of people or property to water related hazards such as flooding or tidal waves? _ — X ENVIRONMENTAL CHECKLIST —2— (5981d) Yes Maybe No 4. Plan: Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)'. X Discussion: The amendment may impact eel grass habitats. Placement of cantilevered decks which could extend up to 5' over the water• (if located over an eelgrass bed) could result in the loss of all or a portion of the =elarass bed. However, the code amendment will allow for cantilevered decks subject to use permit approval . Impacts to eelgrass habitats and other biological resources will be addressed on a case by case basis through the use permit process; therefore, no significant impacts are anticipated. b. Reduction of the numbers of any mature, unique, rare or endangered species of plants? X _ Discussion: See 4a. C. introduction of new species of plants into an area, or in a barrier to the nor-- replenishment of existing species? X d. Reduction in acreage of an agricultural crop? - X 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? X Discussion: See 4a. b. Reduction of the numbers of any unique, rare or endangered species of animals? _ X _ Discussion: See 4a. C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? - X d. Deterioration to existing fish or wildlife habitat? _ X Discussion: See 4a. 6. Noise. Will the proposal result in: a. Increases in existing noise levels? _ _ X b. Exposure of people to severe noise levels? _ _ _ X 7. Light and Glare. Will the proposal produce new light or glare? X ENVIRONMENTAL CHECKLIST —3— (5981d) Yes Maybe No 8. Land Use. Will the proposal result in a substantial alteratioQ of the present or planned land use of an area? — X Discussion: The proposed amendment will permit cantilevered decks in multi—family residential zones as they are currently allowed in single—family zones. 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? X b. Substantial depletion of any nonrenewable natural resource? X 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limiteq to oil, pesticides, chemicals or radiation) in the event of an accident or upset eonditions? _ X b. Possible interference with an emergency response plan or an emergency evacuation plan? _ X 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? X 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? — _ X Discussion: The proposed amendment will not affect housing stock. 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? — X b. Effects on existing parking facilities, or demand for new off—site parking? _ — X C. Substantial impact upon existing transportation systems? X d. Alterations to present patterns of circulation or movement of people and/or goods? _ X e. Alterations to waterborne, rail or air traffic? _ X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? — _ X Discussion: The proposed amendment will not result in the generation of addition vehicle trips, nor will it result in the disruption of any circulation systems in the city. 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? — X ENVIRONMENTAL CHECKLIST —4— (5981d) Yes Maybe No b. Police protection? X s C. Schools? _ X d. Parks or other recreational facilities? _ X e. Maintenance of public facilities, including roads? X f. Other governmental services? _ _ X Discussion: The proposed amendment is not anticipated to require any additional local government sources. 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ — X b. Substan.tial increase in demand upon existing source of energy, or require the development of sources of energy? _ — X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? _ _ X b. Communication systems? _ X C. Water? X d. Sewer or septic tanks? _ _ X e. Storm water drainage? _ _ X f. Solid waste and disposal? _ _ X 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ — X b. Exposure of people to potential health hazards? _ — X 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? _ X Discussion: Code amendment will allow for cantilevered decks subject to use permit approval . Aesthetic issues will be addressed on an individual basis through the use permit process; therefore, no significant impacts are anticipated. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? _ _ X 4VIRONMENTAL CHECKLIST —5— (5981d) 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? 1 _ _ X b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? X C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? _ — X d. Will the proposal restrict existing religious or sacred uses within the potential impact area? X 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, sub— stantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered''plant or animal or eliminate important examples of the major periods of California history or prehistory? X Discussion: See 4a. b. Does the project have the potential to achieve short—term, to the disadvantage of long—tern, environmental goals? (A short—term impact on the environment is one which occurs in a relatively brief, definitive period of time while long—term impacts will endure well into the future.) _ X C. Does the project have impacts which are individually limited, but cumulatively consid— erable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment is significant.) _ X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? _ _ X ENVIRONMENTAL CHECKLIST —6— (5981d) DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there _ will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. June 60 1990 Date Si gnAure Revised: March, 1990 For: City of Huntinaton Beach Community Development Department ENVIRONMENTAL CHECKLIST —7— (5981d) CITY OF HUNTINGTON BEACH STANDARD MITIGATING MEASURES 1 . Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 2. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 3. Low volume heads shall be used on all showers. 4. All building spoils, such as unusable lumber-, wire, pipe, and other surplus or unusable material , shall ba disposed of at an offsite facility equipped to handle them. 5. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the state acoustical standards set forth for units that lie within the 60 CNEL contours of the property. The interior noise levels of all dwelling units shall not exceed the California insulation standards of 45 dba CNEL. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s) . All measures recommended to mitigate noise to acceptable levels shall be incorporated into the design of the project. 6. If lighting is included in the parking lot and/or recreation area energy efficient lamps shall be used (e.g., high pressure sodium vapor, metal halide). All outside lighting shall be directed to prevent "spillage"onto adjacent properties. 7. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on—site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 8. Existing mature trees on site shall be retained and incorporated into the site plan if feasible. Any existing mature tree that must be removed shall be replaced at a 2:1 ratio with 36" box trees which shall be incorporated into the project's landscape plan. 9. If foil—type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department. 10. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be con— structed in compliance with the g—factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g—factors shall be submitted to the City for review prior to the issuance of building permits. 11 . Prior to the issuance of a grading permit, a grading plan shall be submitted to the City's Department of Public Works. A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works if deemed necessary. 12. Information on equipment or facilities which may generate air pollutants shall be submitted to the South Coast Air Quality Management District staff for their review prior to the issuance of a Certificate Of Occupancy for any use within the building. ENVIRONMENTAL CHECKLIST —8— (5981d) 13. If any hazardous materials are to be used on site, the business must comply with Chapter 1758 of the City's Municipal Code which requires any business that handles or stores hazardous materials, including waste, to inventory the hazardous materials on site and prepare a business emergency plan in case of an accidental release of toxic material . Additionally, all hazardous materials, including waste, must be handled and stored in accordance with the Uniform Fire Code. Waste oil is considered a hazardous waste. 14. Should any abandoned oil wells or tanks be encountered, the Fire Department shall be notified and current standards met as required by Article 15 of the Huntington Beach Ordinance Code. Any abandonment of existing wells must be to current standards as well . is. An on-site qualified archaeologist should monitor all initial grading and excavation activities. 16. Should any cultural materials be encountered during the initial site survey or during grading and excavation activities, all activity shall cease and the archaeologist shall determine the appropriate course of action. 17. Should any human bone be encountered during any construction activities on the site, the archaeologist shall ,contact the coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code relati-ve to Native American Remains. Should the coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to State Law SB 297. 18. During cleaning, grading, earth moving or excavation, the applicant shall : a. Control fugitive dust by regular watering, paving construction roads, or other dust preventive measures. b. Maintain equipment engines in proper tune. 19. During construction, the applicant shall : a. Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site, b. Wet down areas in the late morning and after work is completed for the day, c. Use low sulfur fuel ( .05% by weight) for construction equipment, d. Phase and schedule construction activities to avoid high ozone days (first stage smog alerts), e. Discontinue construction during second stage smog alerts. 20. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 21 . Prior to initiation of construction, police and fire departments shall be notified and the departments shall be kept informed about duration and extent of construction throughout the process. 22. Public Works Department shall provide alternate routes for traffic during the construction phase, if necessary. Adequate signage shall be provided to warn motor vehicles, bicyclists and pedestrians of construction. ENVIRONMENTAL CHECKLIST -9- (5981d) 23. All oil facilities within the boundaries of the development which are to be removed and abandoned reabandoned or to remain must meet all existing requirements of the City of Huntington Beach and the State Division of Oil and Gas. Further protective measures may be required, depending upon the conditions and quality of the abandonments and reabandonments. Additionally, any mobile homes which are placed over abandoned oil wells must be equipped with a household "methane detector." 24. The area must be sampled and monitored for methane on a "grid system" of one hundred (100) foot lengths. Each one hundred (100) feet, the soil must be probed to a depth of two (2) to three (3) feet. Each TENTH site must be an augered or drilled hole of a minimum three (3) inch diameter sunk to a depth of ten (10) feet. Each probe site and auger or drill site must be tested for the presence of methane, and all readings must be recorded for each site in PERCENT OF LOWER EXPLOSIVE LIMIT (LEL) of methane. The results of the tests must be submitted to the Fire Department for evaluation. Any anomalously high readings (as defined in the Roberti Methane Study for the State of California) must be addressed and mitigated prior to mobile homes being placed in the area of the high reading. If no anomalously high amounts of methane are encountered, development may proceed. The Fire Department will perform further monitoring activities at surface levels as is deemed necessary. ENVIRONMENTAL CF{JECKLIST —10— (5981d) ENVII,-AMENTAL REVIEW COMMITTEE t NDA Wednesday, June 6 , 1990 2 : 00 PM 3rd Floor Center Conference Room Members : Sarah Lazarus , Bill Patapoff , Howard Zelefsky Staff : Scott Hess , Julie Osugi , Laura Phillips , Hal Simmons I . ENVIRONMENTAL ASSESSMENT NO. 89-56 : Applicant : James C . Lu Request : 11 unit condominium project . Location : 602-610 Pacific Coast Highway (Northwest corner of Pacific Coast Highway & 6th Street) . Discussion : Staff briefly described the project . ERC briefly discussed issues of the noise, transportation, and parking . Action : On a motion by Howard Zelefsky and a second by Sarah Lazarus , the committee recommended that a Negative Declaration be processed . AYES : Three II . ENVIRONMENTAL. ASSESSMENT NO. 90-17 : Applicant : Jim Caviola Request : To amend Articles 912, 915 and 942 of the Huntington Beach Ordinance Code to permit projecting decks in the R2 , R3 , R4 and PD zones . Location: City-wide . Discussion: Staff briefly described the project . ERC discussed impacts to eelgrass habitats and aesthetics . The Committee discussed allowing cantilevered decks subject of use permit approval to provide mechanisms for mitigating aesthetic and plant habitat impacts when necessary. Action : On a motion by Howard Zelefsky, and a second by Sarah Lazarus , the committee recommended a Negative Declaration be processed . AYES : Three III . ADJOURN JO: kj 1 ( 6045d) P•(ANNIING ZONING • SECTIONAL DISTRICT MAP 19 -5- 11 NO� =.,GITY OF NJ 924 E_I•Sc.y . .tt,- r o C tw Er.0 E0 Jn0,:0- L=" - O - 2•69 i099 TI VTO tGIT- - li "L' 1" CA T] ) 0 li \I ':C oi 2 n25 2.56 C' .._._ ]•.[san:. FROM DFG L I / EDINGER . J 7 I. RI-�L= h^ RI-CZ WR C� R2 C I\ate RI-CZ _ Q1./ R2 CZ_' R CZRl -Fo Mal /_Z� Ri- C : I= I ,� p0_C� e� j RI CZ RI CZ�iRI CZ ter... 2 ram/ �( s_�. _I ,� �J�P,I CZ -- �/ •c.� C� o�" ''p C� I �'S`/ �ti� ,,� f+�,,j�:r '/�� ••qe0� \�` `' RI C-(CZ�'-n `�• S r 4''• C< �? / c �cQ� P C �, � O �•:...'�'� e�/i'P`�sM .G1' � '� �ti''ra• � (` CZ �p �'cl//Cl.. G� ` � ��C' �oq ^�•;J-;J / , m s , \ ,� ��9/'ter• ��C `�\ �� � �� =o� _.�, p y r '/. EXISTING, `' •0� �` Gti �: �, o �� f EPLG,RA55 BED Cyr\\\�O� �p` �\;�ti �� ��� a`$ �, IMPACTED AREAS r/ O /n 3 U /o cl 30 t9 • PLANNING • ZONING DM 2t SECTIONAL DISTRICT MAP 19 -5- 11 o NOiE CITYOF 2- LEGEND "I c5 7 HUNTINGTON B --2 c 64 447 C 4 2 64— r 40 EACI TA 5—:6. R A N C, E' U N TY. CA. L 1. V0 RN I A 7A?5 2-7_ 2-.'- 3,o�z- E'DINGER AVE- -R17CZ' ;77 RI-CZ Rl-c WR ;,`�� l� �' mil/ ' � - - � �.. - -_-' - - % ��/�j. RI-CZ .,� , Q ;;--� R � � J1 �L /,ter R Ri-CZ k RI-cz I RI-CZ ZI-C7/ =l �4 x cl> C." Ri- �Rl Rl-cz C. ce ce 14 VD-C�R2 44 611 Iy 311�/2 c�'t G�. s Cc-� �1 R/Cj / �N \\Ci /�///! o� a y, cj U < r-j�IA ell y t CA90-03[ND90- 17 \` ANNING • ZONING DM 23 SECTIONAL DISTRICT MAP 20 - 5 - 11 NOTE 1DOPTED DEC—R 5.1960 CI11 TY OF CITY COUNCIL ��'.�-N-NCE No 804 E N >t>":o :t Z29 iC� �----NMED C-510.0 NO ZwENOED ORD NO r 6-4 62 247 907 5 �GJG 66 101210 ES' .111T 6 2- 63 292 978 7:8 6 I 12 ll�'2.' W&�SS DST.�. 66 HUNTINGTON BEACH_,,,,,, 0.1.111".ADI 00 1 5-6-67 66 4 OI4r No 4-26'6A 410 100 44 5' '3 4 9 FIT-1 12 LJ-676?2W7)3'.3 .0 0 R A N G E' COUNTY, C A L I F, 0 R N 1 A 6 :lc 5 6 425 0 4 3 j' 4 1 5 ';�"5 6 34 0 6 6S I 23:47,L 50 6. - .0, _7. ,4 48 -C_: 6. Sa 9 7-19-6 1 1 1 DO 6 c 2 9 6 59' 9 7 6 le O)s :2-20-11 71 201�IJL6?2 1-2- 4 A Z-1.64 .9- 1106 nrx"693 IQEC SE Z 499 '11122201 —E -7 65 5 5 .d1 2 29, --DiNGER AVE L 0--- .... ............ I-r�7 -.1 RI-CZ R I R I R i MH R2 pl RI PRELUDE CF—E R3 RI OP KON. DR SUITE DR W — RI Fol RI F RI —0 CR MINUET OR �j RI RI .I J�,' C 2 0 'Lo IR R I R 1 F _.U' CR RHAPSODY J:l RI cR Rl-CZ R11 RI R I R'C-'IP2 'flRl-CZ OPERETTA O..0 DR. I RI RI di L] I RI RI op .......... 6CENaNq DR RI RI y MH Rl-CZ C4-- C C F C D R2 R2 C41 N u -' -j L R-CZ-FP2 HEIL-— AVE R3 33*w — CHRISTIANA SN"'.'W", * — .5YWE � R 2 3 1 Y. R2 C4 :- L,... CF-E R2 R2 CF_R Rl-Cl R2��* RI-CZ PICKWICK C .R-CZ-FP2 BRANFOR :ki4� -.M %W: : TA MC[ I., RI-CZ ICF-R R n2 �'T OR RI- Z R3 R2 R2 R2 R2 R2'allwell = R2K R2 n R2 I-cz cl PEARCE ST L 'RI-CZ DALE OR 0- j RI-CZ 0- R2 R2 I R 2 R2 R2 R3 Rl-CZ D. Rl-CZ -c7. Rj.cj'Rl -ILO R3 FP2 C4 C Z sy RI-CZ -R CZ I C... C. DAV NPORT R I-C R3 c R3 R3 R3 -Z R3 z - C2 Q OR CD v It DR y R 11 L 7 WARNER AVE F CA90-03/ND90- 17 •PL_ANNNG ZONING • DM 34 SECTIONAL DISTRICT MAP 29-5-11 ­E h T r. .�'__—, ..' .. "'T AD-,PTEC V_:CH'20.1960 10 :D :o :_t�:t:.�. CITY OF CrT, COUNC- RO NANCE NO 824 LEGEND: ZONE ZONE A"E"O.ED CASE OkO -.3 A.£%CC D Cam _0R_0NO HUN 6 24-63 3-'2 978 117 83 FLOOD ZONE 2606 [70 W 11: . 3 .,.:s 63 32 1019 rYL-'INGTON BEACH--J& 95 , 6a 68.7 140! 12-16_6 ...0 ?0-5 1573: ol-x AN'lG E C OUNT ), A. C . 1.1FORN 70 IA _,".Zo.;: 9.7-76 V­6-3 2,Z� c. lK 19:; 62 '2 12 ­E 2 8!7.2 ga?9: ­E 9 2C-04 5 WARNER AVE C2 CIT 3 > R CZ RI-C R3 sa R 3 RI-CZ R-3 31 R3 R3J C 417 i-r7 -1-15 C. . . .. 'R 2 R3-19 91 �21 R El WR-CZ-FR C2 L"r 1.11T�ERLY N N RI U R I WR-CZ-FP2 y RI R-3 R I-CZ RI HLINTING710N H-PBOR Rl_cz BAY CLUB SPECIFIC PL A-. jRl-CZ RI-CZ RI cz d R I CZ yc� Rl- c z III � I . j WARNER AV RI-CZ o 0 0 C 0 CA90-03IND90- 17 PLANNIOG ZONING • DM 35 SECTIONAL DISTRICT MAP 30-5- 11 ADOPTED UIARCI 20. 196, MOTE: CITY COVNCIL ORDINANCE NC 82-CITY OF LD 112 ORD N,) AMENDED_ ORD NO LEGEN -2.6� — Io99 1?3,1 17 � L P" A.-1 2106 0 I'LOoD z 2AC6 C-1 HUNTING"TON BEACH -A- C, () RANGE' C, OL- NTY. CAL11, 0 R N 1A cr cz 2 Ri- x C-z R2-CZ Rl-cz 'LIDDN cq CF C'Cll C. f w... E 11c, nv 0 - 17 CA90-03[ND90 FINDINGS FOR DENIAL 1. Code Amendment No. 90-3 may affect environmentally sensitive areas and is inconsistent with the goals and policies contained within the City' s General Plan and Local Coastal Program. 2 . Code Amendment No. 90-3 will adversely affect the surrounding properties and property values by allowing projecting decks . 3 . Code Amendment No. 90-3 will adversely affect surrounding properties by allowing projecting decks to encroach into existing view corridors . ATTACHMENT #6 (8180d-2) vly0 Published 12/27/90 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 90-3/ NEGATIVE DECLARATION NO. 90-17 (Projecting Decks) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council ,Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, January 7, 1991, 7: 00 PM APPLICATION NUMBER: Code Amendment No. 90-3/Negative Declaration No. 90-17 APPLICANT: Jim Caviola LOCATION: Waterfront lots City-Wide ZONE: Lots zoned R1 (Single Family Residential) , R2 (Medium Density Residential) , R3 (Medium-High Density Residential) , R4 (High Density Residential) , WR (Water Recreation) , PRD/-PD (Planned Residential Development) REQUEST: To allow projecting decks on waterfront lots in the Rl, R2, R3, R4, WR and PRD/-PD Zones . ENVIRONMENTAL STATUS: Covered by Negative Declaration No. 90-17 COASTAL STATUS: Following City Council approval, Code Amendment No. 90-3 will be forwarded to the California Coastal Commission for final approval and incorporation into the City' s Local Coastal Program: Implementing Ordinances . ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after January 4, 1991. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Wayne Carvalho, Project Planner at 536-5271 . ,' Connie Brockway Cs Huntington Beach City ,Clerk (8114d) LABELS CA 90-3,ND 90-17 (8128d) Building Industry Assn.—OC E .T. l 100 H.B. ' torical Societe 2001 East 4th Street a c/o New] Ho e-Museum Santa Ana, CA Lane 19820 Beac ulevard Bea CA 92646 Huntin n Bea CA 92648 A Teresa Reyn California Coastal Comm. Historical Resources Board 245 W. Broadway, Ste. 380 Community Services Dept. Long Beach, CA 90802 2000 Main Street Attn: Theresa Henry Huntington Beach, CA 92648 Attn: Chairperson Charles Davis John Misterly Joe Rosen 16302 Wildfire Circle 3914 Humbolt Drive 16914 Edgewater Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Environmental Board H.V. Chamber of Commerce R.J. Work Community Development Dept. 2213 Main Street #22 Huntington Beach Company 2000 Main Street Huntington Beach, CA 92648 2110 Main Street Huntington Beach, CA 92648 Attn: Kim Barone Huntington Beach, CA 92648 Jerry Selvin HB/FV Board of Realtors Virginia Day 16732 Baruna Lane 8101 Slater Avenue Golden State Mobilehome Huntington Beach, CA 92649 Huntington Beach, CA 92647 Owner's League Attn: Judith Severly 11021 Magnolia Blvd. Garden Grove, CA 92642 I