HomeMy WebLinkAboutZone case 81-12 - City of Huntington Beach - Block bounded b I
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CITY OF HUNTINGTON BEACH9
CITY CLERK 1111 OF O PUBLICATION �..�._
Hearing 81-12
!hate of californin )
County:f tiranle Ig"• � �
wed. E
Jeannie cThomas
Thal I am and at all tlmeii herein mentioned ware it titian of a1't stir
the United Staten,over the aKr c)(twenty-tine years,and that I
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am not a party to,nor interested in the nlxr:e entitled matter; tla�
that I am the principr)clerk of the printer of the 4M r, '
t,� i�t
Huntington Beach Ind. Review b
Zntington
Miapaper of Kcrneral rirrulati��n,p�fhlibheel ir.the f itY(,fti Beach •w+ +�`
ruuntp of 0:xjiga and which newspaper is puhli%hed fnr the k Y
disemination of!+reel nrw.r and intelligence oif a general charac•
ter. and which newspaper at all times herein mrntiont-d had
and still has A Wren fide subortiptinn list of paying sulncriher%, i
and which newspaper has been estAblished, printed end puh•
lishrd at riguiar interveG in the Raid Gwnty of Orange, for a
period tirmAing one veer; that the notice, of which the ♦t f�
anrnacd is a printed espy, his been puhliihed in the ret;ulnr
and entire Issue of said newspapmr,and not in any supplement
thereof,on the following datex,to grit:
September 24P 1981
I
1 certify(or&vlare) under prnslty of perjury that the fnreKn•
Mg is true and correct.
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f'a tIa,thin 250,day of .1 A
Signature
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REQUES14kC)R CITY COUNCIL. OCTION
Data September 18, i :' 1
Submitted to: Honorable Mayor and City Council
• Charles W. Thompson, City Administratdi
Submitted by. P Y ''l
Prepared by: James W. Plain, Director of Development Services •
Subject: ZONE CHANGE NO. 81-12
Statement of Issue, Recommendation, Analysis, Funding Souris, Alternative Actions, Attachinents:
i
STATEMENT OF ISSUE:
I
` Transmitted for your consideration is "one Change No. 81-12, a
change of zoning from LUD and CF-R (Limited Use District and
Community Facilities/Recreational) to LUD-FPl and CF-R--FP1
(Limited Use District - Flood Plain One and Community Facilities/
Recreational - Flood Plain One) . The subject properties are lo-
cated on the west side of the Santa Ana River mouth, south of the
Talbert Flood Control Channel .
RECOMMENDATION:
The Planning Commission and staff recommend that the City Council
approve Zone Change No. 81--1.2, and adopt the attached ordinance.
ANALYSIS:
AP211cant: City of Huntington Reach
Location: Subject properties are located on the west side of
the Santa Ana River mouth, south of the Talbert
Flood Control Channel . j
RgRUP. t: To permit a change of zone from LUD and CF-R (Limited
Use District:/Community Facilities-Recreational ) to
LUD-FP1 and CF-R-FP1 (Limited Use District-Flood
Plain 1 and Community Facilities/Recreational-Flood
Plain 1) .
Planning- Commission Action
On *Septeinber 15, 1981 on motion by Schumacher and second by
Bannister, the Planning Commission recommended approval of
Zone Change No. 81-•12 with the following findings, by the
following vote:
NO 4MI
ZC 81-1?
September 18, 1981
Page 2
Findings :
1. The proposed zone change for the subject property is consistent
with the General Plan designations of Visitor-Serving Commercial
and Recreational Open Space .
2. The proposed zone change is compatible with the existing open
space uses on the subject property.
AYES: Bannister, Paore, Winchell, Porter, Schuma--her
NOES: Mahaffey
ASSENT: Kenefick
ABSTAIN: None
Discussion :
Zone Change No. 81--12 is a request to change the zoning of a 10-
acre site at the mouth of the Santa Ana River from LUD, CF-R
(Limited Use District, Community Facilities/Recreational) to LUD-FP1
and CF-R-FP1 (Limited Use District-Flood Plain 1 and Community
Facilities/Recreational-Flood Plain 1) . The action is necessary
because the subject site has been designated as a right-of--way
necessary for implementation of the Santa Aria River Flood Control
Plan, as identif ied, in the U.S . Army Corps of Engineer ' s Phase I
General Design Memc,randum. The Orange county Environmental Manage-
ment Agency has requested that the City initiate the zone change
in order to comply with the State ' s Cobey-Alquist Act regarding
floodway zoning and site acquisition.
Environmental Status:
Zone Change No. 81-12 is categorically exempt pursuant to Section
15108 of the State EIR Guidelines.
FUNDING SOURCE:
Not applicable .
ALTERNATIVE ACTION:
i
The City Council may consider denying Zone Change No. 81-12 and
retaining the existing LUD and CF-R zoning designations without
the addition of the _FP1 suffix. This decision may jeopordize
the Orange County Flood Control, District ' s ability to be reim-
bursed by the State for costs incurred in acquiring rights-of-way
for implementation of the Santa Ana River Federal Flood Control.
Project.
S P�_PORTING INFORMATION:
1 . Area Map
2. Planning Commission :staff report from meeting of Sept„ 15, 1981
3. ordinance
T FPS:j Im
5T f f 4untington beach development services department
JIEPORT�
TO: Planning Commission
FROM: Department of Development Services
DATE : September 15 , 1981
ZONE CHANGE I40. 81- 12
APPLICANT: City of Huntington Beach DATE ACCEPTED :
REQUEST : To permit a change of zone Not applicable
from LUD and CF-R (Limited MANDATORY PROCESSING DATE:
Use District/Community Fac-
ilities-Recreational) to Not applicable
LUD-FP1 and CF-R-FP1 (Limited
Use District-Flood Plain l ZONE: LUD/CF-R
` and Community Facilities/Rec-
reational-Flood Plain 1) . GENERAL PIAN DESIGNATION:
LOCATION: Subject properties are loc- Visitor-Serving Commercial ,
ated on the west sire of the Recreational Open Space
Santa Ana River mouth, south
of the Talbert Flood Control EXISTING USE :
Channel . Vacant, Least Torn sancturay
ACREAGE: 10 acres and public beach .
1. 0 SUGGESTED ACTION:
Approve Zone Change No. 81-12 to rezone a 10 acre site from LUD and
CF-R to LUD-FP1 and CF--R-FP-1 .
2.0 GENERAL INFORMATION:
Zone Change No. 81-12 is a request to change the zoning of a 10-acre
site at the mouth of the Santa Ana River from LUD, CF-R (Limited Use .
District, Community Facilities/Recreational) to LUD-FP1 and CF-n-FP1
(Limited . Use District-Flood Plain 1 and Community Facilities/Recrea-
Tonal Flood Plain 1 . The action is necessary because the. subject.
t / ) y
site has been designated as a right-of-way necessary for implementation
of the Santa' Ana River Flood Control Plan, as identified in the
U.S. Army Corps of Engineers ' Phase I Genera? Design Memorandum. The
Orange County Environmental Management Agency has requested that the
City initiate the zone change in order to comply with the State ' s
Cobey-Alquist Act regarding floodway zoning and site acquiciti.on .
�'"". A-f M,23 A
2C 81-12
September 1.5, 1981
Page 2
3 . 0 SUWIARY OF ISSUES:
After win the proposed zone change , staff has identified the
Aft L revue ,
9 P P y
f following issues :
1. is the proposed zone change consistent with the General Plan?
2. Is the proposed zone change compatible with the surrounding uses?
4 . 0 ENVIRONMENTAL RONMENTAL STATUS :
The zone change is categorically exempt pursuant to Section 15108 of
the State EIR Guidelines.
5 . 0 SURROUNDING GENERAL PLAN, ZONING, AND LAI4D USE:
Subject Pro2erty:
General Plan Designation : Visitor-Servin4 Commercial on the
north side of Pacific Coast Highway
and Recreation Open Space on the
south side of Pacific Coast Highway .
Zoning : LUD, Limited Use District , on the
north side of PCH and CF-R, Community
Facilities/Recreational on the south
side of PCH .
Existing Land Use : Vacant land used as unpaved beach
parking on the north side of PC11, por-
tion of the least tern nesting sanctuary
and Huntington State Beach on the
south side cf PCH .
Property to the North :
General Plan Designation: Public , Quasi-Public Institutional
Zoning: MI--A, Restricted Manufacturing District
Existing Land Use: Orange County Sanitation Treatment Plant
Property to the West:
General Plan Designation: Same as subject property
Zoning: Same as subject property
Existing Land Use: Same as subject property
Prol2erty to the East:
General Plan Designation: Not applicable .
Zoning: Not applicable
Existing Land Use : Santa Ana River Channel
2C 81-12
September 15 , 1981
Page 3
6 . 0 ANALYSIS :
' The proposed zone change concerns the Santa Ana River federal project
and the need for cities through whi-h the project passes to adopt flood
plain zoning (-FP1) within the project boundaries in order to comply
with the requirements of the State ' s Cobey-Alquist Act . The State has
informed the Orange County Environmental Management Agency that all in-
volved cities have until October 1 , 1981 to adopt such regulations .
In its Phase I General Design Memorandum, the U . S . Army Corps of Engin-
eers identified the realignment of the. Talbert Flood Control Channel
at the mouth of the Santa Ana River as an integral part of the federal
flood control project. It will eventually be the responsibility of the
Orange County Flood Control District to purch� ae the rights-of-way for
such portions of the project. Under the Cobey-Alquist Act, state sub-
ventions will pay for the majority of those acquisition costs , but only
if flood plain zoning is enacted for the property now to keep the value
from increasing due to improvements which otherwise might be constructed.
On May 18, 1981 , the City Council adopted Ordinance No. 2488 which
amended the Huntington Beach Ordinance Code by adding new Article 969 . 6
entitled Floodplain District Regulations . Those regulations established
the -FP1 zoning suffix as requested by the State and the EMA. The --FP1
suffix is an overlay zone which prohibits development of permanent
structures in a designated floodway . However, a large number of open
space uses, including those currently existing on the subject property,
are permitted under the -FP1 zoning suffix. Additionally , --FP1 zoning
could be found to be consistent with the existing Visitor-Serving and
Recreational Open Space General Plan designations on the property .
Because this is the first time -FP1 zoning has been requested in the
City , a copy of Article 969 . 6 which established the district is attached
in order to renew the Commission ' s memory of the various provisions .
Also attached is a district map indicating the general boundaries of the
proposed zone change.
1 .0 RECOMMENDATION:
Staff recommends that the Planning Commission approve Zone Change No .
81--12 with findings and recommend to the City Council adoption of said
zone change and adoption of the appropriate ordinance .
FINDINGS :
1 . The proposed zone change for the subject property is consistent with
the General Plan designations of Visitor-Serving Commercial and
Recreational Open Space .
2 . The proposed zone change is compatible with the existing open space
uses on the subject property.
ATTACHMENTS : 1. Area Map
2. Ordinance
,W 3. Article 969 . 6 , Floodplain District Regulations
HS :df
PLANNING AhISCELLANEOUS DISTRICTS _ S. 969. 6.0
ARTICLE 969. 6
FLOODPLAIN DISTRICT
( 24B8 6;a1)
S. 969.6 .0 PURPOSE AND INTENT. Floodplain district regulations are intended to be
applied to any area of the city which under present conditions , is sub-
ject to periodic flooding and accompanying hazards. The objectives of such regulations
are as follows:
(a) To prevent loss of life and property and to reduce to a minimum economic loss caused
by flood flows.
(b) To establish criteria for land management and use in flood-prone areas that are con-
sistent with those promulgated by the Federal Insurance Administration in order to
provide flood insurance eligibility for property owners .
(c) To prohibit encroachments , new construction, substantial or other improvements or
development that would obstruct the flow of floodwaters within a floodway.
(d) To regulate and control uses below the elevation of the design flood flow within
the remainder of the floorlplain.
S. 969.6. 1 DEFINITIONS . Except where the context otherwise requires , the definitions
given in this section shall govern the construction of this article.
j (a) Area of special flood hazard shall mean the land in the floodplain within a community
subject to a I percent or greater chance of flooding in any given year.
(b) Base flood shall mean a flood having a 1 percent chance of being equalled or exceederi
in any given year.
(c) Coastal high hazard area shall mean the area subject to high velocity waters
including, but not Ifinited to, hurricane wave wash or tsunamis. The area is
designated on a F. I . R.M. as Zone V and V1-30.
(d) Design flood shall mean a flood against which protection is provided by means of
land use regulation , flood protective or flood control works . When a federal flood
control project has been authorized, the design flood will be that defined by the
cognizant agency. In all other cases , the design flood shall be either at the ore-
hundred-year-recurrence interval (base flood) or, when determined applicable by the
City of Huntington Beach, the standard project flood.
(e) Flood shdli mean a general and temporary condition of partial or complete inunda-
fl n of land areas from the overflow of inland and tidal waters , and the rapid
accumulation of runoff of surface waters from any source and mudslides (i .e. , mudflows)
which are proximately caused or precipitated by accumulations of water on or under the
ground.
( f) Flood hazard area shall mean an area having flood, mudslide (i .e. , mudflow) and
00 -rilatederosion hazards , or as shown on a zoning district map, flood insur-
ance rate map ( F. I .R.M. ) or flood boundary and floodway map.
tg) Flood Insurance Rate Map .(F. I . R.M. )— and Flood Boundary and Flood MaR shall mean
the n Mc ~al maps on which the Feflnral Insurance Administration has delineated the
areas of special flood hazard, the risk premium zones and the floodways applicable to
the coftnuni ty.
E/2/81
S . '969 .6. 1 {h)_ �- MISCELLANEOUS DISTRICTS � PLANN I NG_
( h) Flood Insurance Study_ shall mean the "Flood Insurance Study for the City of liunt-
ington Beach prepared by the Federal insurance Administration , providing flood
profiles as well as the boundaries and the water surface elevations of the base flood,
including the Flood Insurance Rate Maps and the Flood Boundary and Floodway Maps .
( i ) Flood_pl_a�i_nn shall mean the land area adjacent to a watercourse and other land areas
susceptible to being inundated by a design flood.
(j ) Floodway shall mean the channEl of a river or other watercourse and that part of
the floodplain reasonably required to discharge the design flood without
cumulatively increasing the water surface elevation more than one ( 1 ) foot or endahger-
ing life. The floodway also may be that land area necessary for the construction of
physical works , including the lands necessary for construction of project levees , for
the conveyance of the design flood discharge for an authorized federal flood control
project.
(k) Structure shall mean anything constructed c:r erected requiring a fixed location
on the ground or attached to something having a fixed location on the ground
except business signs and other improvements of a minor character. For floodplain
management purposes , "structure" shall mean a walled and roofed building, including
a gas or liquid storage tank that is principally aboveground, and including a mobile-
home,
( 1 ) Substantial imerovement shall mean any repair, reconstruction , or improvement of
a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure either ( 1 ) before the improvement or repair is started; or (2) before
damage and the beginning of restoration or repair. For the purposes of this definition ,
"substantial improvement" is considered to occur when the first alteration of any wall ,
ceiling, floor, or other structural part of the building commences whether such alter-
ation affects the external dimensions of the structure or- not.
S. 969.6. 2 APPLICATION.
(a ) In any base district where the district symbol is followed by the suffix -FP,
the additional requirements, limitations , and standards contained in this article
shall apply. The district symbol !ihall constitute the "base district" and the -FP
suffix shall constitute the "combi-aing district. " In the event of conflicting provisions
between those established for the base district and those contained in this article ,
the requirements of the -FP combinirg district shall take precedence.
(b) Floodway, floodplain and flood hazard areas , and coastal }sigh hazard areas
shall be identified , mapped and designated based upon;
( 1) The Flood Insurance Rate Maps (F. I .R.M. 's) and Flood Boundary and Floodway
Maps in and part of the Federal insurance Administration' s "Flood Insurance
Study for the City of Huntington Beach" on file in the office of the City
Clerk and incorporated herein by this reference, or-
(2) The design flood, as determined from engineering studies approved by the
City Council .
(c) If the Federal insurance Administration has not provided base flood elevations ,
the City of Huntington !leach shall use base flood eievation data from other
available sources .
(d) Where the floodplain area has been Pjapped by both the Federal Insurance Adminis-
tration and the City of lluntingt,in Beach, the regulatory requirements shall apply
to that area having the outermost•. boundaries .
6/21n1
PLANNING &IISCELLANEOUS DISTRICTS S . 969 .6. 3
S. 969. 6. 3 FINDINGS FOR GRANTING USE PERMITS. No use permit shall be issued unless
the proposed project, together or in combination with existing; develop-
'ments, will not endanger life, restrict the carrying capacity of the floodway , increase
flood heights or increase flood velocities.
i
S. 969. 6.4 -FP1 AREA DESIGNATED. -FPI shall apply to that area designated as a
Tloodway or right-of-way necessary for implementation of the Santa Ana
River Channel Plan , as identified in the United States Army Corps of Engineers ' Phase I
General Design Memorandum.
S. 969.6. 5 -FPI USES PERMITTED. The following uses are permitted in the -FPI
combining district:
( a) Flood and Road Projects. Flood control channels , levees , spreading grounds and
basins , roads , bridges and storm drains.
(b) Agriculture. All permitted general agricultural uses including farming , pastures
or forestry which require no permanent structures , landfill , storage of materials or
equipment, or stream alteration that would result in any increase in flood levels
within the regulatory floodway.
(c) Park Projects. Parks , campgrounds , picnic grounds , trails , wildlife and natural
preserves , and similar open space uses.
S. 969.6.6 -FP1 USES PROHIBITED. The following uses are specifically prohibited
- in the -f�P I comb nni g district:
(a) Landfills, excavations , improvement , developments , or encroachments that will
obstruct or create debris catching obstacles to passage of the design flood, or
that cause a cumulative increase in the elevation of the design flood water profile
at any point, or that will tend to broaden or direct flood flows out of the floodway,
or impair the design floo.: conveyance capability of the floodway, or otheniise create
a potential hazard to life or property resulting from flood flows in the floodplain
district.
(b) Permanent structures .
(c) Buildinys used for habitation by human beings .
(d) Storage of substances or materials capable of floating which could add to the
debris load of a stream or watercourse.
(e) Storage of chemicals , explosives , flammable liquids, toxic materials , or anything
of a nature which could create a potential danger to thq public health and welfare.
S. 969.6. 7 -API USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses shall
be permitted in the -FPI combining district subject to approval of a
conditional use permit:
(a) Public utility facilities .
(b) Temporary structures which can be readily removed within the time available after
flood warning.
(c) Recreation areas , parks,, campgrounds , playgrounds , riding and hikirg trails , parking
lots, wildlife and natural preserves , and similar open space uses without permanent
structures or improvements.
6/2i$1
S. 969.6. 7(d) - -lbMISCELLANEOUS DISTRICTS PLANNING
(d) Excavation and removal of rock , sand, gravel and other materials provided there is
no adverse effect on the watercourse so that the excavation area retains its original
capability to receive and release fiord waters. In addition , such excavations shall be
contained within the rloodplain district so that no hazard will be created through
potential flood conditions to adjacent properties.
6/2181
t � 0
Publish 9/24/81
NOTICE OF PUBLIC HEARING
ZDNE CASE NO. 81-12
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council
of the City of Huntington Beach, in the Council Chamber of the Civic Center,
Huntington Beach, at the hour of �7;30 P.N. , or as soon thereafter as
possible on &n U the y „ day of w .QCtgkr lgam.
for the purpose o: cons!dering Zone Case No. 81-129 the addition of the FP-1 Suffix
(Flood Plain, One) to the existing zoning on the property located at the north of the
Santa Ana River. The existing zoning on these properties are l.UD (Limited Use
District) and CF_R (Coemnity Facility Recreation) . The subject property is located on
the west side of the Santa Ana River from the Orange County Flood Control Channel
to the ocean.
R legal description is on Bile in the Development Services Departr*nt.
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All interested persons are invited to attend said hearing and express their
opinions for or against said Zone Case
Further information may be obtained from the Office of the City Clork, 2000 Main
Str ot, Huntington Beach, California. 92648 - (714) 536-5227
DATED 9/21/81 CITY OF HUNTINGTL* kEACH
BY: Alicia N. Wentworth
City Clerk
it
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N(YfICE TO CLERK TO SCIIEDU1 F?. PUBLIC HEARING
ITEM 7—Oti,E 9BANGE C? j 1 Z
TO: CITY CLERK'S OFFICE DATE: rE 8I
j FROM: DEVELOPJ-;,FMT S�RVICEJ'
PLEASE SCIiEDULF A PUBLIC HEARING USING THE ATTACHED LEGAL rJGTICE FOR THE
54C DAY OF OcToSeP _, 19$l .
� AP 's are attached
AP 's Will follow
I i
No AP' s
i
Initiated by:
Planning Commission
Planning Department
Petition
Appeal
Other
Adoption of Environmental Status (x) X
YES NO�
Refer to HAL SlMMoN Planning Department - Extension
fcr additional infornnaticn.
* If sepeal , please transmit exact Wording to be required in the legal .
I
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