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HomeMy WebLinkAboutZoning Text Amendment 01-09 - ZTA 01-09 - Amending the Zonin ti &�R: -- t�, ' sl , Nror1l %. YKM65 PLAN006 _ TY OF HUNTINGTON BEAC _ i�3��noF�-�N) 'PI�.IvNI61 MEETING DATE: April 1, 2002 DEPARTMENT ID PL02-09 Council/Agency Meeting Held: Deferred/Continued to: -`Approved ❑ Conditionally Approved ❑ Denied 1rzf. ity Cler Signature Council Meeting Date: April 1, 2002 Department ID Number: PL02-09 dot-t5-0 2 = P��D oKP • o• 3 -1-- CITY OF HUNTINGTON BEACH =-x REQUEST FOR ACTION r =SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 53 SUBMITTED BY: RAY SILVER, City Administratorar-P ® � 5 , i PREPARED BY: HOWARD ZELEFSKY, Director of Plannin ZA�� SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 01-09 (PUBLIC- SEMIPUBLIC 2 ACRE REQUIREMENT) Statement of issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is a City-initiated request to amend the Zoning and Subdivision Ordinance (ZSO) to delete the provision which prohibits public-semipublic uses on'sites two acres or greater in Commercial Districts. The Planning Commission and staff recommend approval because public-semipublic uses are generally compatible with uses in Commercial Districts where the most intensive uses are already permitted. Since the majority of public-semipublic uses in Commercial Districts require entitlement approval, any site-specific compatibility issues can be addressed during the entitlement process. Additionally the request is consistent with General Plan goals, policies, and objectives pertaining to sustaining fiscal viability and enhancing the market .potential of the City's commercial zones. Funding Source: Not applicable. , r PL02-09 -2- 3/15/2002 8:43 AM REQUEST FOR ACTION MEETING DATE: April 1, 2002 DEPARTMENT ID NUMBER: PL02-09 Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 01-09 with findings (ATTACHMENT NO. 1) and adopt Ordinance No. 35.5 3 , an ordinance amending Chapters 211C and 214.04 relating to Commercial Districts and Public-Semipublic Districts (ATTACHMENT NO. 2)." Planning Commission Action on February 12 2002: THE MOTION MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO APPROVE ZONING TEXT AMENDMENT NO. 01-09 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL CARRIED BY THE FOLLOWING VOTE: AYES: MANDIC, KERINS, HARDY, SHOMAKER, LIVENGOOD, KOKAL, BORDEN NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION PASSED Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Zoning Text Amendment No. 01-09 with findings." 2. "Continue Zoning Text Amendment No. 01-09 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Location: All Commercial Districts Citywide Zoning Text Amendment No. 01-09 represents the following requests pursuant to Section 247.02 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO): A. To amend Section 211.04 CO, CG, and CV Districts: Land Use Controls of the ZSO by deleting provision (A) which limits public-semipublic uses in Commercial Districts to sites less than two acres; and PL02-09 -3- 3/21/2002 11:25 AM REQUEST FOR ACTION MEETING DATE: April 1, 2002 DEPARTMENT ID NUMBER: PL02-09 B. To amend Section 214.04 Applicability of the ZSO by adding a provision which states that the requirement that public-semipublic uses on sites two acres or more must be zoned Public-Semipublic (PS) does not apply to uses located in the Commercial Districts. The zoning code currently requires public-semipublic uses such as hospitals, schools, and churches, among others, to be zoned PS if located on a site two acres or greater in area. Selected property owners have raised concerns about this requirement because the PS zone (Attachment No. 5) has a limited selection of permitted uses in comparison to the Commercial, Industrial, and Residential Districts. The proposed amendment would permit public-semipublic-uses such as the hospital complex at Beach and Newman to remain in a commercial zone and not require a zoning map amendment to Public-Semipublic. Draft Ordinance The proposed ordinance (Attachment No. 2) and legislative draft (Attachment No. 3) reflect the proposed changes to the ZSO which are summarized below: • Section 211.04 CO, CG, and CV Districts: Land Use Controls — Deleted Provision A (on pages 2 and 6 of legislative draft) • Section 214.04 Applicability —Added language (in bold on page 8 of legislative draft) that the requirement for public-semipublic use classifications to be zoned PS if on a site two acres or greater does not apply to uses in the Commercial Districts Both sections of the ZSO must be amended because they address the Public-Semipublic and 2 acre requirements. B. PLANNING COMMISSION MEETING AND RECOMMENDATION: At the February 12, 2002 Planning Commission hearing no one from the public spoke regarding this request. The Planning Commission discussed what specific sites would be impacted by the amendment, what concerns property owners have expressed to the City, and how the tax base might be affected by allowing large institutional uses in Commercial Districts. The Planning Commission concurred with the staff recommendation for approval and forwarded the request to the City Council for final action. C. STAFF ANALYSIS AND RECOMMENDATION: The proposed amendments will affect all Commercial and Public-Semipublic Districts throughout the city. The amendment proposes no changes to the Industrial and Residential Zoning Districts. PL02-09 -4- 3/15/2002 8:47 AM REQUEST FOR ACTION MEETING DATE: April 1, 2002 DEPARTMENT ID NUMBER: PL02-09 The intent of the maximum two-acre provision is to protect the commercial, industrial, and particularly residential areas from large public-semipublic uses primarily for compatibility concerns. By limiting public-semipublic uses in residential areas to sites less than two acres, impacts associated with the use such as traffic and noise are minimized which results in greater compatibility with the surroundings. The same is true for industrial areas where there might be concerns about land use compatibility and other issues, such as traffic conflicts between passenger vehicles and heavy industrial trucks. Moreover, in industrial areas, the prohibition of public-semipublic uses on sites two acres or greater is also meant to protect industrial uses from having to compete for space with institutional facilities. For these reasons, staff recommends keeping the provision which limits the size of public- semipublic uses in Residential and Industrial Zoning Districts. In comparison, concern about compatibility and competition for space for commercial areas is significantly less than in residential and industrial areas. Since commercial zones currently permit the most intensive uses, such as retail, restaurants, and other commercial enterprises, public-semipublic uses in general should be compatible in commercial zones. Even with the proposed text amendment, there are safeguards in the ZSO because the majority of public-semipublic uses in the Commercial Districts require entitlement approval during which site-specific compatibility and any other issues can be addressed. The amendment is not anticipated to erode the commercial tax base because staff does not foresee institutional uses outcompeting commercial uses for commercial land on a regular basis. Based on these provisions, staff recommends approval of the text amendment to allow public-semipublic uses in the Commercial Districts without a site size limitation. The text amendment is consistent with the goals, policies, and objectives of the General Plan which pertain to sustaining the fiscal viability and enhancing the market potential of the City's stock of commercially zoned land. A community need is demonstrated for the change proposed because this amendment will allow public-semipublic facilities to maintain their commercial designation which improves the fiscal viability of their property. Moreover, the proposed amendment will create additional locations throughout the City for public- semipublic uses that provide valuable services to the community in conformity with public convenience, general welfare, and good zoning practice. D. SUMMARY . Staff recommends approval of Zoning Text Amendment No. 01-09 by ordinance based upon the following: • It is consistent with the goals, policies, and objectives of the General Plan which pertain to sustaining the fiscal viability and enhancing the market potential of the City by preserving the City's commercial zones. Additionally, it conforms to the policy which promotes allowing for the continuation of existing and development of new institutional uses which serve the community. PL02-09 -5- 3/21/2002 11:28 AM REQUEST FOR ACTION MEETING DATE: April 1, 2002 DEPARTMENT ID NUMBER: PL02-09 • Public-semipublic uses are generally compatible with uses in the Commercial Districts where the most intensive uses are already permitted. Any site-specific compatibility issues will be addressed as part of any required entitlement process. • It will provide more potential locations for public-semipublic uses which offer a variety of services to the community where they are generally compatible with the surrounding area subject to any required entitlements in conformity with public convenience, general welfare, and good zoning practice. Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Attachment(s): NumberCity Clerk's Page . Description 1 Findings for Approval 2 Ordinance No. 3 5 S 3 3 Legislative Draft—ZSO Chapters 211 and 214 4 Planning Commission Report dated February 12, 2002 5 Chapter 214 — Public-Semipublic District 6 Planning Commission minutes dated February 12, 2002 RCA Author: Ricky Ramos/Mary Beth Broeren PL02-09 -6- 3/15/2002 8:43 AM L-1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 23, 2002 City of Huntington Beach Planning Department Attn: Howard Zelefsky 2000 Main Street Huntington Beach, CA 92648 Dear Mr. Zelefsky: The City Council of the City of Huntington Beach at its regular meeting held Monday, April 1, 2002 took action on the following Public Hearing: Approve Zoning Text Amendment(ZTA) No. 01-09 Public-Semipublic 2 Acre Requirement—Approve Introduction of Ordinance No. 3553— Amends Chapters 211C and 214.04 Relating to Commercial Districts and Public-Semipublic Districts. On April 1, 2002 the City Council of the City of Huntington Beach approved ZTA No. 01-09 and the introduction of Ordinance No. 3553. On April 15, 2002 the City Council adopted Ordinance No. 3553. With ZTA No. 01-09 approved and Ordinance No. 3553 adopted, Chapters 211C and 214 of the Huntington Beach Zoning and Subdivision Code were amended. Page 7 of the April 1, 2002 action agenda, page 15 of the April 15, 2002 action agenda, and the Findings for Approval are enclosed. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, Connie Brockway, CIVIC City Clerk g:/followup/appea I/decision.doc (Telephone:714-536-5227) i (7) April 1, 2002 - CounciwAgency Agenda - Page 7 D-2. (City Council) Public Hearing —Approve Zoning Text Amendment No. 01-09 Public-Semipublic 2 Acre Requirement—Approve Introduction of Ordinance No. 3553—Amends Chapters 211 C and 214.04 Relating to Commercial Districts and Public-Semipublic Districts (450.20) Public hearing to consider: Applicant: City of Huntington Beach, Planning Department Request: To amend: 1) Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance by deleting provision (A)which limits public-semipublic uses in Commercial Districts to sites less than acres and; 2) Section 214.04 by adding a provision which states that the requirement that public-semipublic uses on sites two acres or greater must be zoned PS (Public-Semipublic) does not apply to Commercial Districts. Location: Citywide Environmental Status: Categorically exempt from the provisions of the California Environmental Quality Act. On File: A copy of the proposed request is on file in the City Clerk's Office, 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) on March 29, 2002. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City at,or prior to,the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk. 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input,close public hearing Recommended Action: Planning Commission and Staff Recommendation: Motion to: 1. Approve Zoning Text Amendment No. 01-09 with Findings (Attachment No. 1); Approved 7-0 and 2. After City Clerk reads by title, approve introduction of Ordinance No. 3553 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Code by Amending Chapter 211 C and 214.04 Thereof Relating to Commercial Districts and Public Semipublic Districts." (Attachment No. 2) Approved Introduction 7-0 (15) April 15, 2002 - Council/Agency Agenda - Page 15 G. Ordinances G-1. Ordinance for Adoption Mayor Cook recused herself from consideration of G-1a as her residence is in vicinity. G-1a. (City Council) Continued from 4/1/02 -Adopt Ordinance No. 3542 Repealing Ordinance No. 3287 (Relating to Designation of a Future Neighborhood Park Site Per Settlement and Release Agreement Approved Between Brindle/Thomas, et al. and City-OCSC No. 750203) (640.10) Ordinance No. 3542 — 'An Ordinance of the City of Huntington Beach Repealing Ordinance No. 3287 Related to the Designation of a Future Park Site Within the Ellis-Golden west Specific Plan Area." Submitted by the City Attorney. (Introduction Approved on March 4, 2002 and consideration of adoption continued from 3/18 and 4/1/02.) Recommended Action: Motion to: After City Clerk reads by title, adopt Ordinance No. 3542, by roll call vote. (1)Adopted 5-0-1-1 (Winchell abstain; Cook out of room - recused) (2)Any park fund expended should be replaced 6-0-1 (Cook out of room - recused) G-1 b. (City Council) Adopt Ordinance No. 3553—Approves Zoning Text Amendment No. 01-09 Public-Semipublic 2 Acre Requirement—Amends Chapters 211C and 214.04 Relating to Commercial Districts and Public-Semipublic Districts (640.10) Ordinance No. 3553 — 'An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Code by Amending Chapter 211 C and 214.04 Thereof Relating to Commercial Districts and Public Semipublic Districts." (Public hearing held and introduction approved on April 1, 2002.) Recommended Action: Motion to: After City Clerk reads by title, adopt Ordinance No. 3553, by roll call vote. Adopted 7-0 ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 01-09 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA)pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act: The project is exempt because it involves a minor amendment to the zoning ordinance which does not change the development standards, intensity, or density of the affected districts. SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 01-09: 1. Zoning Text Amendment No. 01-09 to amend sections 211.04 and 214.04 of the Zoning and Subdivision Ordinance is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. It conforms to the following goals, policies, and objectives in the General Plan: LU I: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. LU 13: Achieve the development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach's residents. LU 13.1: Provide for the continuation of existing and development of new uses, such as governmental administrative,public safety, human service, cultural, educational, infrastructure, religious, and other uses that support the needs of existing and future residents and businesses. LU 13.1.1: Allow for the continuation of existing public and private institutional, cultural, educational, and health uses at their present locations and development of new uses in areas designated on the Land Use Plan Map in accordance with Policy LU 7.1.1 ED 1.1: Enhance the City's market potential in terms of retail,office, industrial, and visitor serving activity. This would allow Huntington Beach to provide for retail, office, and industrial opportunities that serve the current and projected population and enhance sales and occupancy tax revenue. 2. In the case of a general land use provision, the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for,the zoning district for which it is proposed. The amendment to allow public-semipublic uses on commercially zoned sites two acres or more is compatible with the uses authorized in the affected districts because the Commercial Districts already permit the most intensive uses. Additionally,there are safeguards in the code which require (02SR07 ZTA 01-09) entitlement approval for the majority of public-semipublic uses in the Commercial Districts during which site-specific compatibility issues can be addressed. The amendment will not change existing- development standards. 3. A community need is demonstrated for the change proposed. This amendment will allow certain public-semipublic facilities to maintain their commercial designation which improves the fiscal viability of their property and the City as a whole. Moreover, this amendment will provide additional potential locations throughout the City for public-semipublic uses which provide valuable services to the community. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because it will provide more potential locations for large public-semipublic which serve the community where they are generally compatible with surrounding area subject to any required entitlements. Furthermore, it will preserve commercial zones thereby enhancing the City's fiscal viability by reducing the pressure to convert to the Public-Semipublic zoning district to accommodate large public-semipublic uses. (02SR07 ZTA 01-09) ATTACHMENT 1 ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 01-09 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act(CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. The project is exempt because it involves a minor amendment to the zoning ordinance which does not change the development standards, intensity, or density of the affected districts. SUGGESTED FINDINGS FOR APPROVAL- ZONING TEXT AMENDMENT NO. 01-09: 1. Zoning Text Amendment No. 01-09 to amend sections 211.04 and 214.04 of the Zoning and Subdivision Ordinance is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. It conforms to the following goals, policies, and objectives in the General Plan: LU 1: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. LU 13: Achieve the development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach's residents. LU 13.1: Provide for the continuation of existing and development of new uses, such as governmental administrative, public safety, human service, cultural, educational, infrastructure, religious, and other uses that support the needs of existing and future residents and businesses. L U 13.1.1: Allow for the continuation of existing public and private institutional, cultural, educational, and health uses at their present locations and development of new uses in areas designated on the Land Use Plan Map in accordance with Policy LU 7.1.1 ED 1.1: Enhance the City's market potential in terms of retail, office, industrial, and visitor serving 11 activity. This would allow Huntington Beach to provide for retail, office, and industrial opportunities that serve the current and projected population and enhance sales and occupancy tax revenue. I 2. In the case of a general land use provision, the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The amendment to allow public-semipublic uses on commercially zoned sites two acres or more is compatible with the uses authorized in the affected districts because the Commercial Districts already, permit the most intensive uses. Additionally, there are safeguards in the code which require J� I (02SR07 ZTA 01-09) 1 entitlement approval for the majority of public-semipublic uses in the Commercial Districts during which site-specific compatibility issues can be addressed. The amendment will not change existing development standards. 3. A community need is demonstrated for the change proposed. This amendment will allow certain public-semipublic facilities to maintain their commercial designation which improves the fiscal viability of their property and the City as a whole. Moreover, this amendment will provide additional potential locations throughout the City for public-semipublic uses which provide valuable services to the community. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because it will provide more potential locations for large public-semipublic which serve the community where they are generally compatible with surrounding area subject to any required entitlements. Furthermore, it will preserve commercial zones thereby enhancing the City's fiscal viability by reducing the pressure to convert to the Public-Semipublic zoning district to accommodate large public-semipublic uses. (02SR07 ZTA 01-09) C ATTACHMENT 2 (S�RI'h>fa6 dy-D1-u2 ORDINANCE NO. 3553 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION CODE BY AMENDING CHAPTER 211 C AND 214.04 THEREOF RELATING TO COMMERCIAL DISTRICTS AND PUBLIC SEMIPUBLIC DISTRICTS WHEREAS,pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-09,which amends Chapters 211C and 214 of the Huntington Beach Zoning and Subdivision Code relating to Commercial Districts and Public-SemiPublic Districts; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION I: That Section 211.041of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 211.04 CO, CG, and CV Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use,but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use 1 PDA 2002 ordinances:zta01-09 RE 2001-0943 Ord. No. 3553 classification heading, referenced provisions shall apply to all use classifications under the heading. CO CG CV Additional Provisions Residential (J)(Q)(R)(V) Group Residential PC PC PC Multifamily Residential - - PC Public and Semipublic (J)(Q)(R)(V) Cemetery - - - Clubs and Lodges ZA ' ZA - Community and Human Services Drug Abuse Centers - PC - Primary Health Care L-11 L-11 - Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General PC PC - Convalescent Facilities PC PC - Cultural Institutions PC PC PC Day Care, General L-2 L-2' - Day Care, Large-Family P P - (Y) Emergency Health Care L-2 L-2 - Government Offices P P PC Heliports_ PC PC PC (B) Hospitals PC PC - Park &Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly ZA ZA - Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) (rest of page not used) 2 PDA 2002 ordinances:zta01-09 Rls 2001-0943 Ord. No. 3553 P = Permitted CO, CG, L = Limited(see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use - = Not Permitted CO CG CV Additional Provisions Commercial Uses (J)(Q)(R) Ambulance Services - ZA - Animal Sales & Services Animal Boarding - ZA - Animal Grooming - P - Animal Hospitals - ZA - Animals: Retail Sales - P - Equestrian Centers - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings &Loans P P P With Drive-Up Service P P P Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and - PC PC (D) Entertainment Communication Facilities. P P P Eating and Drinking Estab. P P P L-4 (Y) W/Alcohol ZA ZA ZA (N) (Y) W/Drive Through - ZA ZA W/Live Entertainment ZA ZA ZA (W) (Y) W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X) (Y) Food &Beverage Sales - P L-2 w/Alcoholic Beverage Sales - " ZA ZA (N) Funeral &Internment Services - ZA - Laboratories L-1 L-1 - Maintenance&Repair Services - P - Marine Sales and Services - P P Nurseries - ZA - Offices, Business &Professional P P P Pawn Shops - ZA - Personal Enrichment Services L-10 L-10 - (Y) Personal Services P P P Research&Development Services L-1 ZA - Retail Sales - P P (U)(V) Secondhand Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC - (T) Swap Meets, Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 L-12 3 PDA 2002 ordinances:zta01-09 R1s 2001-0943 Ord. No. 3553 P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Vehicle Equipment/Sales & Services (cont) Automobile Washing - L-7 - Commercial Parking - PC PC (P) Service Stations - PC PC (E) Vehicle Equip. Repair - L-5 - Vehicle Equip. Sales & Rentals ZA ZA - L-12 Vehicle Storage - - - Visitor Accommodations Bed &Breakfast Inns PC PC PC (K) Hotels, Motels - PC PC (I) Quasi Residential Time Shares - PC PC (I)(J) Residential Hotel - PC PC (J) Single Room Occupancy - PC PC (J)(0) Industrial (J)(Q)(R)(V) Industry, Custom - L-6 L-6 Accessory Uses (J)(V) Accessory Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) Animal Shows - TU - Circus, Carnivals and Festivals - TU - Commercial Filming, Limited - P P (M) Real Estate Sales TU TU TU Retail Sales, Outdoor TU TU (M) Seasonal Sales TU TU TU (M) Tent Event TU Trade Fairs - TU - Nonconforming Uses (G)(J)(V) 4 PDA 2002 ordinances:zta01-09 Rls 2001-0943 Ord. No. 3553 CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the laboratory space exceeds 2,500 square feet. L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. L-3 Repealed. L-4 Permitted if greater than 300 feet from residential zone or use; if 300 feet or less from residential zone or use limited notification is required (see Y). L-5 Only "limited" facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described in Use Classifications, are permitted .with a maximum 7 persons employed full time in processing or treating retail products, limited to those sold.on the premises. L-7 Attended facilities allowed with a conditional use permit from the Planning Commission; unattended facilities allowed with a conditional use permit from the Zoning Administrator. L-8 On-site storage limited to two rental cars. L-9 Public facilities permitted,but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 2,500 square feet or less; allowed with conditional use permit approval from the Zoning Administrator if space exceeds 2,500 square feet. In addition,Personal Enrichment uses within a retail building parked at a ratio of one (1) space per 200 square feet, shall require no additional parking provided the use complies with the following: • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and • The instruction area does not exceed,75 percent of total floor area of the personal enrichment building area. L-11 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 2,500 square feet. L-12 Permitted for existing facilities proposing to expand up to 20%. 5 PDA 2002 ordinances:zta01-09 Rls 2001-0943 Ord. No. 3553 (A) Reserved. (B) See Section 230.40: Helicopter Takeoff and Landing Areas. (C) Repealed. (D) See Section 230.38: Game Centers; Chapter 5:28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball Machines. (E) See Section 230.32: Service Stations. (F) See Section 241.20: Temporary Use Permits. (G) See Chapter 236:Nonconforming Uses and Structures. (H) For teen dancing facilities,bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28: Dancing Halls; Chapter 5.44: Restaurants- Amusement and Entertainment Premises, and Chapter 5.70: Adult Entertainment Businesses. (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided, subject to approval of the Planning Commission. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (1) Retail markets with no more than 10 percent of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not-in conjunction with the sale of gasoline or other motor vehicle fuel. E 6 PDA 2002 ordinances:zta01-09 Rls 2001-0943 Ord. No. 3553 (2) Restaurants, Bars-and Liquor stores located 300 feet or more from any R or PS district,public or private school, church, or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46: Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers. (T) See Section 230.50: Indoor Swap Meets/Flea Markets. (U) See Section 230.94: Carts and Kiosks. (V) In the coastal zone, the preferred retail sales uses are those identified in the Visitor Serving Commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters,museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (X) Outdoor dining that is 400 square feet or less with no alcohol sales shall be permitted without a conditional use permit. (Y) Limited notification requirements when no entitlement required. 1. Ten (10)working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. 2. Notice of application shall include the following: a. Name of applicant. b. Location of planned development or use, including address. C. Nature of the proposed development shall be fully disclosed in the notice. d. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. e. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. f. Planning Department shall receive entire list including name and address of those receiving the mailing. 7 PDA 2002 ordinances:zta01-09 Rls 2001-0943 Ord. No. 3553 SECTION 2: That Section 214.04 of the Huntington Beach Zoning and Subdivision Code is hereby amended to read as follows: 214.04 Applicability The PS District shall be the base district for the use classifications listed in Section 214.06 where these have a contiguous site area of 2 acres or more, including alleys, streets, or other rights-of-way. This requirement does not apply to Public-Semipublic use classifications in commercial districts. Public- semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. SECTION 3: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of April , 2002. ATTEST: dmw-� City Clerk jl{ -z3-oz Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Adm' istratof City Attorney INIT ED AND APPROVED: Vector of Planning 8 PDA 2002 ordinances:zta01-09 Rls 2001-0943 Ord. No. 3553 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of April, 2002, and was again read to said City Council at a regular meeting thereof held on the 15th day of April,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green,Dettloff, Bauer, Cook, Houchen, Winchell,Boardman NOES: None ABSENT: None ABSTAIN: None 1,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on ,2002 - In accordance with the city charter of said city City Clerk and ex-officio Clerk Connie Brockway,City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California A,TTAICHMENT ' '31 LEGSLATIVE DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION CODE BY AMENDING CHAPTER 211 C AND 214.04 THEREOF RELATING TO COMMERCIAL DISTRICTS AND PUBLIC SEMIPUBLIC DISTRICTS WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-09,which amends Chapters 211C and 214 of the Huntington Beach Zoning and Subdivision Code relating to Commercial Districts and Public-SemiPublic Districts; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 211.04 CO, CG, and CV Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use,but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use 1 PDA 2002 ordinances:zta01-09 leg draft Rls 2001-0943 LEGSLATIVE DRAFT classification heading, referenced provisions shall apply to all use classifications under the heading. Co CG CV Additional Provisions Residential (J)(Q)(R)(V) Group Residential PC PC PC Multifamily Residential - - PC Public and Semipublic 610(J)(Q)(R)(V) Cemetery - - Clubs and Lodges ZA ZA - Community and Human Services Drug Abuse Centers - PC - Primary Health Care L-11 L-11 - Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General PC PC - Convalescent Facilities PC PC - Cultural Institutions PC PC PC Day Care, General L-2 L-2 - Day Care, Large-Family P P - (Y) Emergency Health Care L-2 L-2 - Government Offices P P PC Heliports PC PC PC (B) Hospitals PC PC - Park& Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly ZA ZA - Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) (rest of page not used) 2 PDA 2002 ordinances:zta01-09 leg draft Rls 2001-0943 LEGSLATIVE DRAFT P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Plarming Commission Districts ZA = Conditional use pen-nit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Commercial Uses (J)(Q)(R) Ambulance Services - ZA - Animal Sales & Services Animal Boarding - ZA - Animal Grooming - P - Animal Hospitals - ZA - Animals: Retail Sales - P - Equestrian Centers - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings & Loans P P P With Drive-Up Service P P P Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and - PC PC (D) Entertainment Communication Facilities. P P P Eating and Drinking Estab. P P P L-4 (Y) W/Alcohol ZA ZA ZA (N) (Y) W/Drive Through - ZA ZA W/Live Entertainment ZA ZA ZA (W) (Y) W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X) (Y) Food & Beverage Sales - P L-2 w/Alcoholic Beverage Sales - ZA ZA (N) Funeral &Internment Services - ZA - Laboratories L-1 L-1 - Maintenance &Repair Services - P - Marine Sales and Services - P P Nurseries - ZA - Offices, Business &Professional P P P Pawn Shops - ZA - Personal Enrichment Services L-10 L-10 - (Y) Personal Services P P P Research &Development Services L-1 ZA - Retail Sales P P (U)(V) Secondhand Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC - (T) Swap Meets, Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 L-12 3 PDA 2002 ordinances:zta01-09 leg draft Rls 2001-0943 LEGSLATIVE DRAFT P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Vehicle Equipment/Sales & Services (cont) Automobile Washing - L-7 - Commercial Parking - PC PC (P) Service Stations - PC PC (E) Vehicle Equip. Repair - L-5 - Vehicle Equip. Sales & Rentals ZA ZA - L-12 Vehicle Storage - - - Visitor Accommodations Bed & Breakfast Inns PC PC PC (K) Hotels, Motels - PC PC (I) Quasi Residential Time Shares - PC PC (I)(J) Residential Hotel - PC PC (J) Single Room Occupancy - PC PC (J)(0) Industrial (J)(Q)(R)(V) Industry, Custom - L-6 L-6 Accessory Uses (J)(V) Accessory Uses & Strictures P/U P/U P/U Temporary Uses (F)(J)(V) Animal Shows - TU - Circus, Carnivals and Festivals - TU - Commercial Filming, Limited - P P (M) Real Estate Sales TU TU TU Retail Sales, Outdoor TU TU (M) Seasonal Sales TU TU TU (M) Tent Event TU Trade Fairs - TU - Nonconforming Uses (G)(J)(V) 4 PDA 2002 ordinances:zta01-09 leg draft Rls 2001-0943 . LEGSLATIVE DRAFT CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the laboratory space exceeds 2,500 square feet. L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. L-3 Repealed. L-4 Permitted if greater than 300 feet from residential zone or use; if 300 feet or less from residential zone or use limited notification is required (see Y). L-5 Only"limited" facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described in Use Classifications, are permitted with a maximum 7 persons employed full time in processing or treating retail products, limited to those sold on the premises. L-7 Attended facilities allowed with a conditional use permit from the Planning Commission; unattended facilities allowed with a conditional use permit from the Zoning Administrator. L-8 On-site storage limited to two rental cars. L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 2,500 square feet or less; allowed with conditional use permit approval from the Zoning Administrator if space exceeds 2,500 square feet. In addition, Personal Enrichment uses within a retail building parked at a ratio of one (1) space per 200 square feet, shall require no additional parking provided the use complies with the following: • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and • The instruction area does not exceed 75 percent of total floor area of the personal enrichment building area. L-11 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 2,500 square feet. L-12 Permitted for existing facilities proposing to expand up to 20%. 5 PDA 2002 ordinances:zta01-09 lee draft Rls 2001-0943 LEGSLATIVE DRAFT (A) Limited t f,.,loos an sites 2 a o at: iess. Reserved. (B) See Section 230.40: Helicopter Takeoff and Landing Areas. (C) Repealed. (D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball Machines. (E) See Section 230.32: Service Stations. (F) See Section 241.20: Temporary Use Permits. (G) See Chapter 236: Nonconforming Uses and Strictures. (H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28: Dancing Halls; Chapter 5.44: Restaurants - Amusement and Entertainment Premises, and Chapter 5.70: Adult Entertainment Businesses. (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided, subject to approval of the Planning Commission. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (1) Retail markets with no more than 10 percent of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not-in conjunction with the sale of gasoline or other motor vehicle fuel. 6 PDA 2002 ordinances:zta01-09 lee draft Rls 2001-0943 V LEGSL.ATIVE DRAFT (2) Restaurants, Bars-and Liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46: Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers. (T) See Section 230.50: Indoor Swap Meets/Flea Markets. (U) See Section 230.94: Carts and Kiosks. (V) In the coastal zone, the preferred retail sales uses are those identified in the Visitor Serving Commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use pen-nit. (X) Outdoor dining that is 400 square feet or less with no alcohol sales shall be permitted without a conditional use permit. (Y) Limited notification requirements when no entitlement required. 1. Ten (10) working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. 2. Notice of application shall include the following: a. Name of applicant. b. Location of planned development or use, including address. C. Nature of the proposed development shall be fully disclosed in the notice. d. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. e. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. f. Planning Department shall receive entire list including name and address of those receiving the mailing. 7 PDA 2002 ordinances:zta01-09 lee draft Rls 2001-0943 ,"� LEGSLATIVE DRAFT SECTION 2: That Section 214.04 of the Huntington Beach Zoning and Subdivision Code is hereby amended to read as follows: 214.04 Applicability The PS District shall be the base district for the use classifications listed in Sectiorf 214.06 where these have a contiguous site area of 2 acres or more, including alleys, streets, or other rights-of-way. This requirement does not apply to Public-Semipublic use classifications in commercial districts. Public-semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. SECTION 3: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 200_. ATTEST: City Clerk Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Administrator City Attorney INITIATED AND APPROVED: Director of Planning 8 PDA 2002 ordinances:zta0l-09 le.-draft Rls 2001-0943 ATTACHMENT 4 City of Huntington Beach Planning Department F�,_J ne STAFF REPORT HUNTINGTON BEACH TO: Planning Commission FROM: Howard Zelefsky, Director of Planning BY: Ricky Ramos, Associate Planner DATE: February 12, 2002 SUBJECT: ZONING TEXT AMENDMENT NO. 01-09 (PUBLIC-SEMIPUBLIC 2 ACRE REQUIREMENT) APPLICANT: City of Huntington Beach Planning Department, 2000 Main Street,Huntington Beach, CA 92648 LOCATION: Citywide STATEMENT OF ISSUE: • Zoning Text Amendment No. 01-09 request: - Amend the Zoning and Subdivision Ordinance (ZSO) to delete the provision which prohibits public-semipublic uses on sites two acres or greater in Commercial Districts Amend the ZSO to exempt public-semipublic uses on commercially zoned sites two acres or greater from requiring PS zoning Staff s Recommendation: Approve Zoning Text Amendment No. 01-09 and forward to the City Council for adoption based upon the following: It is consistent with the goals, policies, and objectives of the General Plan which pertain to sustaining the fiscal viability and enhancing the market potential of the City by preserving the City's commercial zones. Additionally, it conforms to the policy which promotes allowing for the continuation of existing and development of new institutional uses which serve the community. Public-semipublic uses are generally compatible with uses in the Commercial Districts where the most intensive uses are already permitted. Any site-specific compatibility issues will be addressed. as part of any required entitlement process. It will provide more potential locations for public-semipublic uses which offer a variety of services to the community where they are generally compatible with the surrounding area subject to any required entitlements in conformity with public convenience, general welfare, and good zoning practice. RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 01-09 with findings (Attachment No. 1) and forward the draft ordinance (Attachment No. 2) to the City Council for adoption." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Zoning Text Amendment No. 01-09 with findings." B. "Continue Zoning Text Amendment No. 01-09 and direct staff accordingly." PROJECT PROPOSAL: Zoning Text Amendment No. 01-09 represents the following requests pursuant to Section 247.02 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO): A. To amend Section 211.04 CO, CG, and CV Districts: Land Use Controls of the ZSO by deleting provision (A) which limits public-semipublic uses in Commercial Districts to sites less than two acres; and B. To amend Section 214.04 Applicability of the ZSO by adding a provision which states that the requirement that public-semipublic uses on sites two acres or more must be zoned PS does not apply to uses located in the Commercial Districts. The zoning code currently requires public-semipublic uses such as hospitals, schools, and churches, among others to be zoned PS (Public-Semipublic) if located on a site two acres or greater in area. Selected property owners have raised concerns about this requirement because the PS zone (Attachment No.4) has a limited selection of permitted uses in comparison to the Commercial, Industrial, and Residential Districts. Zoning Text Amendment No. 01-09 was initiated by the City to address this concern. The proposed amendment would permit public-semipublic uses such as the hospital complex at Beach and Newman to remain in a commercial zone and not require an zoning map amendment to Public- Semipublic. Draft Ordinance The proposed ordinance (Attachment No. 2) and legislative draft(Attachment No. 3) reflect the proposed changes to the ZSO which are summarized below: • Section 211.04 CO, CG, and CV Districts: Land Use Controls —Deleted Provision A(on pages 2 and 6 of legislative draft) PC Staff Report—2/12/02 2 (02SR07 ZTA 01-09) ® Section 214.04 Applicability—Added language (in bold on page 8 of legislative draft) that the requirement for public-semipublic use classifications to be zoned PS if on a site two acres or greater does not apply to uses in the Commercial Districts Both sections of the ZSO must be amended because they address the Public-Semipublic and 2 acre requirement. ISSUES: General Plan Conformance: The proposed Zoning Text Amendment is consistent with the goals, policies, and objectives of the City's General Plan as follows: A. Land Use Element LU 1: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. LU 13: Achieve the development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach's residents. LU 13.1: Provide for the continuation of existing and development of new uses, such as governmental administrative, public safety, human service, cultural, educational, infrastructure, religious, and other uses that support the needs of existing and future residents and businesses. LU 13.1.1: Allow for the continuation of existing public and private institutional, cultural, educational, and health uses at their present locations and development of new uses in areas designated on the Land Use Plan Map in accordance with Policy LU 7.1.1 B. Economic Development Element ED 1.1: Enhance the City's market potential in terms of retail, office, industrial, and visitor serving activity. This would allow Huntington Beach to provide for retail, office, and industrial opportunities that serve the current and projected population and enhance sales and occupancy tax revenue. The Zoning Text Amendment will allow public-semipublic uses in Commercial Districts without requiring a Zoning Map Amendment to the PS zoning district, thereby preserving the City's stock of commercially zoned land. The proposed amendment conforms to goals and policies regarding sustaining the fiscal viability and enhancing the market potential of the City. The amendment will provide additional opportunities to establish public-semipublic uses throughout Huntington Beach. Urban Design Guidelines Conformance: Not applicable. PC Staff Report—2/12/02 3 (02SR07 ZTA O1-09) Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the'California Environmental Quality Act. Coastal Status: This zoning text amendment will be processed as a minor amendment to the Huntington Beach Local Coastal Program implementing ordinances and will be-filed with the California.Coastal Commission with other minor amendments. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not.applicable. Other Departments Concerns and Requirements: There are no concerns from other City departments. Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on January 31, 2002 and notices were sent to individuals/organizations requesting notification (Planning Department's Notification Matrix) and interested parties. As of February 7, 2002 no communication supporting or opposing the request has been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Not applicable Not applicable because ZTA is a legislative act and not a development permit ANALYSIS: The proposed amendments will affect all commercial and public-semipublic districts throughout the city. The City is initiating the proposed amendments because select property owners have raised concerns about the 2 acre requirement and because the PS zone (Attachment No. 4) has a limited selection of permitted uses in comparison to the Commercial, Industrial, and Residential Districts. The intent of the ZSO provision is to protect the commercial, industrial, and particularly residential areas from public-semipublic uses primarily for compatibility concerns. The developer of a public-semipublic facility on a residentially zoned site two acres or greater would have to receive approval of a zoning snap amendment to institute PS zoning in addition to other entitlements to develop the project. The zoning map amendment process is another means of protecting a residential area from what could be an incompatible use. The same is true for industrial areas where there might be concerns about land use compatibility and other issues such as traffic conflicts between passenger vehicles and heavy industrial PC Staff Report—2/12/02 4 (02SR07 ZTA 01-09) trucks. Moreover, in industrial areas, the prohibition of public-semipublic uses on site two acres or greater is also meant to protect industrial uses from having to compete for space with institutional facilities. For these reasons staff recommends keeping the provision which limits the size of public- semipublic uses in Residential and Industrial Zoning Districts. In comparison, concern about compatibility and competition for space for commercial areas is significantly less than in residential and industrial areas. Since commercial zones currently permit the most intensive uses such as retailing, restaurants, and other commercial enterprises,public-semipublic uses in general should be compatible in commercial zones. Even with the proposed text amendment, there are safeguards in the ZSO because the majority of public-semipublic uses in the commercial districts require entitlement approval during which site-specific compatibility and any other issues can be addressed. Based on these provisions, staff recommends approval of the text amendment to allow public- semipublic uses in the Commercial Districts. The text amendment is consistent with the goals,policies, and objectives of the General Plan which pertain to sustaining the fiscal viability and enhancing the market potential of the City by preserving the City's stock of commercially zoned land. A community need is demonstrated for the change proposed because this amendment will allow public-semipublic facilities to maintain their commercial designation Which improves the fiscal viability of their property. Moreover, the proposed amendment will create additional locations throughout the City for public-semipublic uses that provide valuable services to the community in conformity with.public convenience, general welfare, and good zoning practice. ATTACHMENTS: —2. AD-raft--Qrdinaiw e. r a t SH:MBB:RR:rl PC Staff Report—2/12/02 5 (02SR07 ZTA 01-09) � ATTACHMENT 5 1 Chapter 214 PS Public-Semipublic District (3334-6197,3524-2/02) Sections: 214.02 Public-Semipublic District Established 214.04. Applicability 214.06 PS District: Land Use Controls 214.08 PS District: Development Standards 214.10 Review of Plans 214.02 Public-Semipublic District Established The PS Public-Semipublic District is established by this chapter. This district provides areas for large public or semipublic uses. The intent of this district in the coastal zone is to implement the Public, Quasi-Public, and Institutional land use designation of the certified Local Coastal Program Land Use Plan. (3334-6/97) 214.04 Applicability The PS District shall be the base district for the use classifications listed in Section 214.06 where these have a contiguous site area of 2 acres or more, including alleys, streets, or other rights-of-way. Public-semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. 214.06 PS District: Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in PS districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "TU" designates use classifications allowed on approval of a temporary use permit. "P/Y' for an accessory use mean that the use is permitted on the site of a permitted use but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-1 2J02 PS DISTRICT: P = Permitted LAND USE CONTROLS L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission TU = Temporary Use Permit 'P/U = Requires conditional use permit on site of a conditional use Additional PS Provisions Public and Semipublic Cemetery PC Cultural Institutions PC Day Care, General PC Government Offices L-1 Hospitals PC Maintenance & Service Facilities L-1 Park& Recreation Facilities PC Public Safety Facilities PC Religious Assembly ZA (3524-2/02) Residential Care, General PC Schools,Public or Private PC Utilities, Major PC Utilities,Minor P Commercial Uses Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Commercial Parking Facility L-3 Accessory Uses Accessory Uses and Structures P/U Temporary Uses (A) Animal Shows TU Circuses and Carnivals TU Commercial Filming, Limited TU Trade Fairs TU Nonconforming Uses (B) Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-2 2/02 { PS District: Additional Provisions L-1 City-owned facilities are permitted; all other facilities require a conditional use permit from the Planning Commission. L-2 Permitted as an accessory use in a cultural, educational, hospital, or medical institution occupying no more than 5,000 square feet, only if there is no separate entrance or sign. L-3 Public parking permitted,but commercial parking facilities on City-owned land require a conditional use permit from the Planning Commission. (A) See Section 241.20: Temporary Use Permits. (B) See Chapter 236: Nonconforming Uses and Structures. 214.08 PS District: Development Standards The following schedule prescribes development standards for the PS district. The first column prescribes basic requirements for permitted and conditional uses in the district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203 Definitions. (Rest of page not used) . I i Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-3 6197 PS DISTRICT DEVELOPMENT STANDARDS PS Additional Requirements Nonresidential Development (A) Minimum Lot Area 2 ac Minimum Lot Width (ft.) 100 Minimum Setbacks Front(ft.) 10 (B)(C)(M) Side (ft.) - (D) Street Side (ft.) 10 (C) Rear(ft.) - (D) Maximum Height of Structures (ft.) 50 (D)(E)(N) (3334-6/97) Maximum Floor Area Ratio (FAR) 1.5 Minimum Site Landscaping (%) 8 (F)(G) Building Design Standards (L)(M) Fences and Walls (H)(I) Off-Street Parking/Loading (J) Outdoor Facilities See Section 230.74 (K) Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 i PS District: Additional Development Standards (A) See Section 230.62: Building Site Required. (B) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. I (C) A minimum 50-foot setback is required along Beach Boulevard, Edinger Avenue, and Pacific Coast Highway or 25 foot setback with the setback area entirely landscaped. i II (D) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. I i (E) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. i Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-4 6/97 (F) Planting Areas: (1) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (2) A 10-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. (G) See Chapter 232: Landscape Improvements. (H) See Section 230.88: Fencing and Yards. (I) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this 'requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (J) See Chapter 231: Off-Street Parking and Loading. (K) See Section 230.44 Recycling Operations and Section 230.80: Antennae (L) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets, projections or recesses, at intervals of not more than 40.feet that:vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (M) On frontages adjacent to major or primary arterials at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. (1) In the coastal zone, the maximum allowable height of structures shall be reduced as necessary to retain compatibility with the established physical scale of the area and to preserve and enhance public visual resources. (3334-6197) 214.10 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required for projects requiring conditional use permits. Design Review shall be required for all projects except temporary uses. A Coastal Development Permit is required for projects in the Coastal Zone unless the project is exempt (see Chapter 245). i i Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-5 6/97 I I ATTACHMENT 6 PC Minutes February 12, 2002 Page 4 WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED,. The Com' ission suggested that staff collect additional material on fees charged in other ca\ttallies. The Commitated that affordable housing should have been a component included in the Or,inance and Nexus Study item checklist to provide better linkage to the planni g process. The Commission felt tha\hation of school land should be strongly addressed. The Commission voicedabout property boundaries/home values being too broad to compare. The Commission inquired about ho the elements for Parks & Recreation Plan fees relate to the goals of the Gen er I Plan. The Commission voiced concerns relat to fees being charged for rebuilds that result from disaster. The Commission and staff discussed how th fee is substantiated for subdivided lots (new and existing).. Discussion ensued regarding establishment of a s committee to study the impacts of the proposed request. A MOTION WAS MADE BY LIVENGOOD, SECOND B HARDY, TO CONTINUE ZONING TEXT AMENDMENT NO. 01-02 (PA K 1N-LIEU FEE ORDINANCE) TO APRIL 9, 2002, BY THE FOLLOWING V TE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, okal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED i B-2. ZONING TEXT AMENDMENT NO. 01-09 (PUBLIC-SEMIPUBLIC 2 ACRE REQUIREMENT): Applicant: City of Huntington Beach Planning Department Request: To amend: 1) Section 211.04 of the Huntington Beach Zoning and 'Subdivision Ordinance by deleting provision (A) which limits public-semipublic uses in Commercial Districts to sites less than two acres and; 2) Section 214.04 by adding a provision that states that public-semipublic uses on sites two acres or greater must be zoned PS (Public-Semipublic) does not apply to Commercial Districts. Location: Citywide Project Planner: Ricky Ramos II (02p=0212) j PC Minutes February 12,2002 Page 5 © Zoning Text Amendment No. 01-09 request: - Amend the Zoning and Subdivision Ordinance (ZSO) to delete the provision which prohibits public-semipublic uses on sites two acres or greater in Commercial Districts - Amend the ZSO to exempt public-semipublic uses on commercially zoned sites two acres or greater from requiring PS zoning ® Staff's Recommendation: Approve Zoning Text Amendment No. 01-09 and forward to the City Council for adoption based upon the following: - It is consistent with the goals, policies, and objectives of the General Plan, which pertains to sustaining the fiscal viability and enhancing the market potential of the City by preserving the City's commercial zones. Additionally, it conforms to the policy which promotes allowing for the continuation of existing and development of new institutional uses which serve the community. - Public-semipublic uses are generally compatible with uses in the Commercial Districts where the most intensive uses are already permitted. Any site-specific compatibility issues will be addressed as part of any required entitlement process. It will provide more potential locations for public-semipublic uses which offer a variety of services to the community where they are generally compatible with the surrounding area subject to any required entitlements in conformity with public convenience, general welfare, and good zoning practice. Staff made a presentation to the Commission. Questions/comments included: • What sites will or will not be affected by the proposed text amendment? (Staff referenced examples of properties) • Discussion of concerns received from property owners (Hospital site and AES) • Discussion on how the City's tax base is affected by church uses within commercial zones I THE PUBLIC HEARING WAS OPENED. I WITH NO ONE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. I I i i i (02p=0212) I PC Minutes February 12,2002 Page 6 A MOTION WAS MADE BY LIVENGOOD, SECOND BY SHOMAKER, TO APPROVE ZONING TEXT AMENDMENT NO. 01-09 (PUBLIC-SEMIPUBLIC 2 ACRE REQUIREMENT) WITH FINDINGS AND FORWARD THE DRAFT ORDINANCE TO THE CITY COUNCIL FOR ADOPTION BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shornaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 01-09 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. The project is exempt because it involves a minor amendment to the zoning ordinance which does not change the development standards, intensity, or density of the affected districts. FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 01-09: 1. Zoning Text Amendment No. 01-09 to amend sections 211.04 and 214.04 of the Zoning and Subdivision Ordinance is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. It conforms to the following goals, policies, and objectives in the General Plan: LU 1: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. LU 13: Achieve the development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach's residents. LU 13.1: Provide for the continuation of existing and development of new uses, such as governmental administrative, public safety, human service, cultural, educational, infrastructure, religious, and other uses that support the needs of existing and future residents and businesses. LU 13.1.1: Allow for the continuation of existing public and private institutional, cultural, educational, and health uses at their present locations i (02p=0212) I I I PC Minutes ` February 12,2002 Page 7 and development of new uses in areas designated on the Land Use Plan Map in accordance with Policy LU 7.1.1 ED 1.1: Enhance the City's market potential in terms of retail, office, industrial, and visitor serving activity. This would allow Huntington Beach to provide for retail, office, and industrial opportunities that serve the current and projected population and enhance sales and occupancy tax revenue. 2. In the case of a general land use provision, the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The amendment to allow public- semipublic uses on commercially zoned sites two acres or more is compatible with the uses authorized in the affected districts because the Commercial Districts already permit the most intensive uses. Additionally, there are safeguards in the code which require entitlement approval for the majority of public-semipublic uses in the Commercial Districts during which site-specific compatibility issues can be addressed. The amendment will not change existing development standards. 3. A community need is demonstrated for the change proposed. This amendment will allow certain public-semipublic facilities to maintain their commercial designation which improves the fiscal viability of their property and the City as a whole. Moreover, this amendment will provide additional potential locations throughout the City for public-semipublic uses which provide valuable services to the community. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because it will provide more potential locations for large public-semipublic which serve the community where they are generally compatible with surrounding area subject to any required entitlements. Furthermore, it will preserve commercial zones thereby enhancing the City's fiscal viability by reducing the pressure to convert to the Public-Semipublic zoning district to accommodate large public-semipublic uses. B-3. GENERAL PLAN AMENDMENT NO. 01-02/NEGATIVE DECLARATION NO. 01-11qRUNTINGTON BEACH HOSPITAL COMPLEX : Applicant: City of Huntington Planning Department Request: To amend the General Plan land use designa ion-ferthe 13.8 acre site from P (Public) to CO (Commercial Office) to be consistent wit existing zoning designation of CO (Commercial Office). Location: 17742, 17752, 72, and 17822 Beach Blvd. (southeast . corner at Newman Ave.) Project Plann Ricky Ramos General Plan Amendment No. 01-02 request: - Redesignate 13.8 acres of property from P (Public CO-F2A (Commercial Office with maximum floor-area ratio of 0.7 eight separate parcels Negative Declaration No. 01-10 request: (02p=0212) PROOF OF PUBLICATION NOTICE ,OF ��`spection "and comment "PUBLIC _HEARING i;by contacting the,.Plan- BEFORE OF CALIFORNIA) .. , BEFORE THE CI THE1l�;tele honin4' (7 by COUNCIL QF'T,HE'' .!telephoning'"_;" (714") CITY OF 536=5271:,,� HUNTINGTON ONaFILE:,A copy,rpf the proposed request :is on ,SS. $EACH. fileeLin the City Clerk's'Of- NOTICE IS+HEREBY Tice, 2000,,,Main Street,, County of Orange , IGIVEN that on,Monday, Huntington Beach,'-Cali- 9 2002,,,at-7i00'pM fornia,92648; for inspec- in ."the City. %Council tion bythe'public:A copy' Chambers, 2000 Main of.the.staff report will be Street,.. Huntington available. to "interested am a Citizen of the .United States and a Beach, the City Council parties at,CityiHall or the will hold.a public hearing. ,Main�,Cit Libra (711,1 resident of the County aforesaid; I am !on_the following planning Talbert. Avenue) on ;a,nd zopingrtitems:rv,_._,; March'29,+2002. over the age of eighteen years and not a ' "`ZONING,_ TEXTS ALL INTERESTED AMENDMENT, NO PERSONS are invited to party to or interested in the below �01 09 (PUBLIC SEMI'. %attend_said hearing and .P.UBLIC.<:2,.-ACRE�;RE- express , opinions, or' entitled (natter. I am a principal Clerk of QIJIREMENT):'"'Appli- submit;evidence for or I 1 cant: City of Huntington against the application the HUNT INGTON BE Beach Request:. To as outlined above. If you ` BEACH INDEPENDENT, a amend: 1) 'Section challenge the City Coun- newspa er of general circulation, printed Beach of the Huntington may' action in court, you I Beach, Zohing and ,.may berlimited4o raising Subdivision . Ordinance only only those'�issues you,or,` and pu lished in the City, of Huntington by deleting provision (A) someone,else,raised at -which,limits public-semi- the -p'ublic�:hea`ring-de Beach, ' County of Orange State of public 'uses in Com- scribed in tHis notice, mercial Districts, to sites or in . written cor-- less than;two acres.and;!, California, and that attached Notice is a 2) Section' respondence delivered 214.04 by re the City atr;or prior delivered ,adding a.provision which the,""public„,hearing. If , true an complete Copy as was printed states that the require there, are 'any further and published in - the.. Huntington Beach menu that public-semi questions pplease call the ' public uses on sites two Planning"+Department at acres or greater'must.be 536-5271 and refer 'to and ` Fountain Valley issues of said zoned, PS (Public-Semi- the above items. Direct public) does,not-applytoi your written,commu'nica- Commercial District. Lo-j tions'to the City. Clerk.newspaper to wit the issue(s) of: cation: Citywide .Projectt 'Connie'Brockway, Planner: Ricky Ramos Clty'Clerk 2. GENERAL PLAN City of AMENDMENT NO: Huntington-.Beach, 01-02/NEGATIVE" DEC- 20001-Main--Street, LARATION NO. '0i'J0 2nd 'Floor, . (HUNITNGOTN' BEACH Huntington; Beach, HOSPITAL COMPLEX): California'92648 March. 21 2002 Applicant: City-of Hunt ((7t4);536-5227 ington' Beach''Request` P,ublished' -Huhtnggton To,amend"the'General Beach ` 'Independent' Plan land use designs March 21, 2002 tionfor the 13.8 acre site, 033-9191 from P (Public) .to'CO declare, under penalty of perjury, that be consistent tOffice) to be consistent with'-.the existing'zoning designa- the foregoing is true and correct. tion of CO),(Commercial Office).'Ldcation:'17742, 17752 17772,- and I 1.7.82.2.V'Beach _ Blvd. (southeast: corner at _ Executed On Newman; Ave.) ;Project " March 21 2 0 0 2 Planner, Ricky'•Ramos , NOTICE.IS. HEREBY at Costa Mesa, California. GIVEN that Item,No: 1 is I categorically exempt j from the provisions of © _ the CaIfor_nia I Environmental.`` Quality Act. _ NOTICE IS`HEREBY GIVEN that,an initial'; environmental 7 assess- N ment,Jor Item-No.2,was processed and com- pleted in 'accordance Iray—ts" with_ . the' California > 11�'?!• ` Environmental (,Quality Signature Act. It was determined ithat,Item No.2 would n hav'e'"any al effect env 11on Q an' - refore, a negative"declaration is, /7 warranted:'' The environmental assess- / ment is on_file at"t;.Bea he City of `,•"Hun tin`gton` cIt Main, Planning;;~,, �par`,finent,. 2000n Street�and;,Is 1 a`vailable?'for''public 11nt LJ � 0 MEETING DATE: April 1, 2002 DEPARTMENT SUBJECT: REQUESTING: Economic Development Fountains TEFRA Hearing for Multi-Family Housing , Bonds Planning ZTA 01-09 (Public-Semipublic 2 acre Requirement) Planning GPA 01-02/Neg Dec 01-10 (HB Hospital Complex) TODAY'S DATE March 14, 2002 i VERIFIED BY ADMININSTRATION: i I APPROVED BY: Ray Silver ! City Administrator I 3/14/2002 3:08 PM 1 NOTICE OF PUBLIC HEARING ��s}� p�-21-oL `i3FORE THE CITY COUNCIL OF THE �" CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, April 1, 2002, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the `following planning and zoning items: ZONING TEXT AMENDMENT NO. 01-09 (PUBLIC-SEMIPUBLIC 2 ACRE REQUIREMENT): Applicant: City of Huntington Beach Request: To amend: 1) Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance by deleting provision (A) which limits public-semipublic uses in Commercial Districts to sites less than two acres and; 2) Section 214.04 by adding a provision which states that the requirement that public-semipublic uses on sites two acres or greater must be zoned PS (Public- Semipublic) does not apply to Commercial Districts. Location: Citywide Project Planner: Ricky Ramos ❑2. GENERAL PLAN AMENDMENT NO. 01-02/NEGATIVE DECLARATION NO. 01-10 (HUNTINGTON BEACH HOSPITAL COMPLEX): Applicant: City of Huntington Beach Request: To amend the General Plan land use designation for the 13.8 acre site from P (Public) to CO (Commercial Office) to be consistent with the existing zoning designation of CO (Commercial Office). Location: 17742, 17752, 17772, and 17822 Beach Blvd. (southeast corner at Newman Ave.) Project Planner: Ricky Ramos NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that an initial environmental assessment for Item No. 2 was processed and completed in accordance with the California Environmental Quality Act. It was determined that Item No. 2 would not have any significant environmental effect and, therefore, a negative declaration is warranted. The environmental assessment is on file at the City of Huntington Beach Planning Department, 2000 Main Street, and is available for public inspection and comment by contacting the Planning Department, or by telephoning (714) 536-5271. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 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) on March 29, 2002. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:legals:02cc0401) I PUr HEARING NOTIFICATION CHECnIST"B" TAILING LABELS—October 15,2001 G:Labels\Labels\Public Hearing President Non Harbor POA 10 H.B. Chamber of Commerce P. O.Bo 2100 Main Street,Suite 200 Sunset Beach,C 42 Huntington Beach,CA 92648 Betty Jo Woollett OZ William D.Holman 12 S son 16 Orange County Assoc. of Realtors PLC 19671 Quie Lane 25552 La Paz Road 19 Corporate Plaza Drive Huntington Beac 92648 Laguna Hills,CA 92653 Newport Beach CA 92660-7912 President © Mr.Tom Zanic 12 Edna Littlebury 1Q) �m Bolsa Chica New Urban West Gldn St.Mob.Hm. Owners Leag. 16531 Bolsa eet,Suite 312 520 Broadway Ste. 100 11021 Magnolia Blvd. Huntington Beach,CA Santa Monica,CA 90401 Garden Grove,CA 92642 i S UQZet Beach Community Assoc. 4 Pres.,H.B.Hist. Society � Pacific Coast Archaeological 18 Pat Tine , sident C/O Newland House Museum Society, nc. PO Box 215 19820 Beach Blvd. P.O. Bo 10926 Sunset Beach,CA 90742'-5,215 Huntington Beach,CA 92648 Costa M sa,CA 92627 Attn:Jan Gothold President U Community Services Dept ® County o F Orange/EMA 19 Huntington Beach Tomorrow Chairperson Michael 14.Ruane,Dir. PO Box 865 Historical Resources Bd. P.O.Box 4048 Huntington Beach,CA 92648 Santa An L,CA 92702-4048 Tulle Vandermost 6Q Coun on Aging 15 County o Orange/EMA 19 BIA-OC 1706 range Ave. Thomas P lathews 9 Executive Circle #100 Hun ' gton Beach,CA 92648 P. O.Boy 4048 Irvine Ca 92714-6734 Santa An CA 92702-4048 i Richard Spicer 7 Jeff etzel 16 Planning epartment 19 Seac f HOA Orange unty EMA 818 West�Floor 1939 Shady Harbor Circle P. O.Bo 4048 Los Ange Hun gton Beach,CA 92648 Santa ,CA 92702-4048 E.T.I. Corral 100 8O John oe 16 County f Orange/EMA 19 Mary Bell Seach HOA Tim Mil er 20292 Eastwood Cir. 19382 urfdale Lane P.O. Boic 4048 Huntington Beach,CA 92646 Huntin on Beach,CA 92648 Santa Ala,CA 92702-4048 I Frank Caponi O9 Lou M one 16 Plarming Dir. 20 Environmental Board Chairman Seacliff OA City of Costa Mesa 6662 Glen Drive 19821 ean Bluff Circle P. O.B x 1200 Huntington Beach,CA 92647 Huntin on Beach CA 92648 Costa sa,CA 92628-1200 i l PLT"'C HEARING NOTIFICATION CHECKLIST"B" MAILING LABELS—October 15,2001 G:Labels\Labels\Public Hearing Plannin Dir. 21 Dr. Gary Ru erford,Superintendent 29 Country iew Estates HOA 37 City of untain Valley HB City Ele entary School Dist. Carrie Th mas 10200 S1 ter Ave. 20451 Craim r Lane 6642 Tro er Drive Fountair Valley,CA 92708 Huntington I each,CA 92648 Huntingt n Beach CA 92648 Planning Director 22 Jerry Buchan n 29 Country tew Estates HOA 37 City of V lestminster HB City Elementary School Dist. Gerald C pman 8200 We tminster Blvd. 20451 Craim r Lane 6742 Shir Circle Westmin ter,CA 92683 Huntington F each,CA 92648 Huntingto Beach CA 92648 Planning Director 23 James Jones 30 1-113 Hampt ns HOA 37 City of S al Beach Ocean View lementary Keystone cific Prop.Mangmt. Inc. 211 Ei St. School Distri t 16845 Von an Avenue,Suite 200 Seal Bea ,CA 90740 17200 Pinch st Lane Irvine,CA 2606 Huntington ach CA 92647 California Coastal Commission Q4) 31 Sally Grab 38 Theresa Henry Westminster hoo District Meadowl Area South Coast Area Office 14121 Ced od Avenue 5161 Geld ng Circle 200 Oceangate, loth Floor Westminster 92683 Huntingtoi i Beach,CA 92649 Long Beach,CA 92802-4302 California Coastal Commission 44 Patricia Koch 32 Cheryle B wning 38 South Coast Area Office HB Union Hi h School Disrict Meadowl Area 200 Oceangate, loth Floor 10251 Yorkto n Avenue 16771 Roo evelt Lane Long Beach,CA 92802-4302 Huntington B ach,CA 92646 Huntington Beach,CA 92649 I Robert Jo eph 25 CSA 33 Hearthside Homes �3 Caltrans istrict 12 730 El C o Way#200 6 Executive Circle,Suite 250 3337 Mi elson Drive,Suite 380 Tustin,CA 9 680 Irvine,CA 92614 Irvine,C 92612-1699 Directo 26 Goldenwest College 34 _ "Oh Chica Land Trust 40 Local S 'd Waste Enf.Agy. Attn: Fred wens Nancy van O.C.He th Care Agency 15744 Gold nwest St. 4831 Los Pato P.O.Bo 355 Huntington each CA 92647 Huntington Beach, 92649 Santa An ,CA 92702 New Gr th Coordinator 27 OC County Harbors,Beach 35 Bol pica Land Trust 40 Huntingt n Beach Post Office and Parks ept. Evan Hen President 6771 \�1 er Ave. P. O. Box 4 48 1812 Port Tif ace Huntingto Beach,CA 92647 Santa Ana, A 92702-4048 Newport Beach,CA 660 I Marc Eck 28 Huntington Beach Mall 36 John Scott 41 Fountain alley Elementary School Dist. Attn: Pat R gers-Laude SEH 17210 Oal Street 7777 Edin r Ave. #300 22032 Cap�Beac e Fountain alley CA 92708 Huntingto Beach CA 92647 Huntingto 92646-8309 Bolsa Chic i Land Trust 40 5901 W er Avenue,#103 Huntington Beach CA 92649-4659 _ I CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: ?AN I N,6. —rv. K`r }�I�'�NZ kltei f' NO . bl—Oal . DEPARTMENT: MEETING DATE: CO ACT: I� ' PHONE: N/A YES NO ( ) ( ) Is the notice attached? Do the Heading and Closing of Notice reflect City Council (and/or Redevelopment Agency)hearing? , Are the date,day and time of the public hearing correct? If an appeal, is the appeicant's name included in the notice? ( ) ( ) If Coastal Development Permit,does the notice include appeal language? ( ) ( ) Is there an Envim ronental Status to be approved by Council? ( ) ( ) Is a map attached for publication? i Is a larger ad required? Size ( ) ( ) Is the verificationtement attached indicating the source and accuracy of the mailing list? M u kt-& W&1- j S 6 14261t;4 L7 "N W I fib 004wr NCM-4=1 t—t'I c r4 W S-t- ar W-1 . ( ) ( ) Are the applicant's name and address part of the mailing labels? Cal is ( ) ( ) Are the appellant's name and address part of the mailing labels? ( ) ( ) If Coastal Development Permit, is the Coastal Commission part of the mailing labels? ( ) ( ) If Coastal Development Permit, are the resident labels attached? ( ) ( ) Is the Report 33433 attached? (Economic Development Dept. items only) Pleas complete the following: C7 1. Minimum days from publication to hearing date 2. Number of times to be published CN44M 3. Number of days between publications 21 i M Zoning Text o Amendment No . 01 -09 ( PS 2-Acre . Requirement) BACKGROUND ■Currently public-semipublic uses such as schools, hospitals, and churches are limited to sites under two acres in Commercial, Industrial, and Residential Districts •Public-semipublic uses on sites two acres or more must be zoned PS �� � cjomm(AN I o(\1 1 REQUEST Amend Sections 211.04 and 214.04 of the zoning code to permit public- semipublic uses in Commercial Districts regardless of size REASON FOR REQUEST ■Property owners concerned about requirement for PS zone ■PS zone has limited selection of uses ■Impacts economic viability of a property compared to Commercial zone 2 FEBRUARY 12, 2002 PLANNING COMMISSION HEARING ■No one from the public spoke regarding this request. ■PC recommends approval. RECOMMENDATION CITY COUNCIL APPROVE ZTA BECAUSE: ■Consistent with General Plan goals and policies ■Public-semipublic uses compatible in Commercial Districts ■Safeguards in place - most PS uses require entitlement in Commercial Districts ■Provides more potential sites for PS uses which serve the community 3 5 - END 4