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HomeMy WebLinkAboutZTA NO. 05-03 & LCPA NO. 05-01 - ORD 3726 WC-- bU 7,7Y&Ldn0Z 7005 JAN 31 PM IZ: 49 Council/Agency Meeting Held:_ Oro + a Deferred/Continued to: &P7zb Ob CITY f -414 "[��c 1 Ise 1 i I:-o. )0 Approved ❑ Conditionally Approved ❑ Denied ty erk's Ignature Council Meeting Date: 2/6/2006 Department ID Number: CA 06-04 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR CITY COUN IL MBERS SUBMITTED BY: PENELO T -GRAFT, CITY D S R TOR PREPARED BY: PAUL EMERY, Depu 'ty Administrator JENNIFER MCGRA i, Attorney SUBJECT: Approve Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-01 (Specific Plan Amendments) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On January 17, 2006, the City Council considered Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-01 (Specific Plan Amendments), which modified Specific Plan No. 4 (Huntington Harbor Specific Plan), Specific Plan No. 11 (McDonnell Centre Business Park), and Specific Plan No. 13 (The Crossings at Huntington Beach). (Attachment 1.) Following discussion, a majority of the City Council approved changes to the Specific Plan Amendments and asked that amended ordinances be introduced at the February 6, 2006 meeting of City Council. Transmitted for your consideration are amended ordinances for Specific Plan No. 4 (Huntington Harbor Specific Plan) and Specific Plan No. 11 (McDonnell Centre Business Park). Staff needs additional time to prepare the amended ordinance for Specific Plan No. 13 (The Crossings at Huntington Beach) in order to include a legal description and limit the application of the amendment to the Montgomery Ward's parcel ("Phase II"). Funding Source: N/A Recommended Action: 1. Approve Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-01 (Specific Plan Amendments) as amended by City Council 1/17/06. 3}2(o(sEe L./+rE'C0Mi4LAJV1 .AnoN) 2. Approve for introduction Ordinance No. 3626 "An Ordinance Of The City Of Huntington Beach Amending Specific Plan 4 (Huntington Harbour Bay Club Specific Plan) By Adding City Council Notification Language To Section 3.7 - Specific Plan Amendments (Zoning Text Amendment No. 05-03)." 3. Adopt Resolution No. 2006-3 "A Resolution Of The City Council Of The City Of Huntington Beach, California, Adopting Local Coastal Program Amendment No. 05-01 (Zoning Text Amendment No. 05-03) And Requesting Its Certification By The California Coastal Commission." 4. Approve for introduction Ordinance No. 3727 "An Ordinance Of The City Of Huntington Beach Amending Specific Plan 11 (McDonnell Centre Business Park Specific Plan) By Adding City Council Notification Language To Sections 3.0 — Administration, 3.4 — Parcel Maps And 3.5 — Site Plan Review (Zoning Text Amendment No. 05-03)" Alternative Action(s): 1. Do not approve Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-01 (Specific Plan Amendments). 2. Do not approve Ordinance No. 3626 "An Ordinance Of The City Of Huntington Beach Amending Specific Plan 4 (Huntington Harbour Bay Club Specific Plan) By Adding City Council Notification Language To Section 3.7 - Specific Plan Amendments (Zoning Text Amendment No. 05-03)." 3. Do not adopt Resolution No. 2006-3 "A Resolution Of The City Council Of The City Of Huntington Beach, California, Adopting Local Coastal Program Amendment No. 05-01 (Zoning Text Amendment No. 05-03) And Requesting Its Certification By The California Coastal Commission." 4. Do not approve Ordinance No. 3727 "An Ordinance Of The City Of Huntington Beach Amending Specific Plan 11 (McDonnell Centre Business Park Specific Plan) By Adding City Council Notification Language To Sections 3.0 —Administration, 3.4 —Parcel Maps And 3.5 — Site Plan Review (Zoning Text Amendment No. 05-03)." Analysis: On January 17, 2006, the City Council considered Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-01 (Specific Plan Amendments), which modified Specific Plan No. 4 (Huntington Harbor Specific Plan), Specific Plan No. 11 (McDonnell Centre Business Park), and Specific Plan No. 13 (The Crossings at Huntington Beach). (Attachment 1.) Following discussion of the proposed Specific Plan Amendments, the City Clerk recorded the following action: Staff Recommendation approved as AMENDED - amend Specific Plan 4 (Huntington Harbour Bay Club) by adding City Council notification; and, amend Specific Plan 11 (McDonnell Centre Business Park) by adding City Council notification; and, amend Specific Plan 13 (The Crossings At Huntington Beach) by adding City Council notification and appeal language relative to Phase ll. The requested amendments to Specific Plan No. 4 (Huntington Harbor Specific Plan) and Specific Plan No. 11 (McDonnell Centre Business Park) have been prepared and are attached for City Council's consideration. (Attachment Nos. 3, 4, 5.) Amending Specific Plan No. 13 (The Crossings at Huntington Beach) per City Council action requires staff to prepare a legal description and specify the Montgomery Wards parcel as "Phase II." Moreover, City Council's action requires the notification and appeal language for "Phase II" to be different than the rest of the Bella Terra development. The existing Specific ATTACHMENT NO . 1 0R0/N4A)CEs To ae- -=- /A)77eZDLL C&b 4-S , tea z,/6 o C E I&� E D k a m 12: 21 Council/Agency Meeting Held: Deferred/Continued to: c�f�o CIlY� �l C i. i��,1 Appr ved ❑ onditionally Approved ❑ Denied 2bqtT'1 t erk's Qignature Council Meeting Date: 1/17/2006 Department ID Number: 131-06-03a CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND T COUNCIL MEMBERS SUBMITTED BY: PEN LOPE ULR FT, I Y ADMINISTRATOR �J PREPARED BY: HOWARD ZELEFSKY, DIRECTOR OF PLANNING �(/ " ` SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 05-03 AND LOCAL COASTAL PROGRAM AMENDMENT NO. 05-01 (SPECIFIC PLAN AMENDMENTS) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is an appeal by City Council Member Jill Hardy of the Planning Commission's denial of Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-01. These entitlements represent a request initiated by the City Council that amends three Specific Plans to include written notification to the City Council and City Administrator of all Director of Planning decisions, and to establish and/or modify the appeal process whereby all Director of Planning decisions can be appealed by a City Council Member to the City Council. The Planning Commission denied the proposed amendments and is recommending denial (Recommended Action - A) because the request is not consistent with the goals, objectives and policies of the General Plan and the amendment does not achieve the goals of streamlining entitlement processing as reflected in the General Plan. Per City Council's direction, staff recommended approval of the project to the Planning Commission and is recommending the City Council approve Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-01 with the findings for approval (Recommended Action - B). Funding Source: Not applicable REQUEST FOR ACTION MEETING DATE: 1/17/2006 DEPARTMENT ID NUMBER:PL06-03a Recommended Action: A. PLANNING COMMISSION RECOMMENDATION: Motion to: "Deny Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05- 01 with findings for denial (ATTACHMENT NO. 3)." Planning Commission Action on December 13, 2005. THE MOTION MADE BY DYWER, SECONDED BY LIVENGOOD, TO DENY ZONING TEXT AMENDMENT NO. 05-03 AND LOCAL COASTAL PROGRAM AMENDMENT NO. 05-01, WITH FINDINGS (ATTACHMENT NO. 3) CARRIED BY THE FOLLOWING VOTE: AYES: BURNETT, DYWER, LIVENGOOD, SCANDURA NOES: RAY, DINGWALL, HORGAN ABSENT: NONE ABSTAIN: NONE MOTION PASSED B. STAFF RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-01 with findings for approval (ATTACHMENT NOS. 1 & 2)" and adopt Ordinance No. and Resolution No. AOO6 -3 , an ordinance and resolution amending Specific Plan No. 4 (Huntington Harbour Bay Club); Ordinance No. %6 fA7- , an ordinance amending Specific Plan No. 11 (McDonnell Centre Business Park); and Ordinance No. ..3�d ' , an ordinance amending Specific Plan No. 13 (The Crossings) by adding City Council notification and appeal language to various sections of the three Specific Plans. (ATTACHMENT NOS. 4, 5, 7 & 9)." Alternative Action(s): The City Council may make the following alternative motion: "Continue Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-01 and direct staff accordingly." G:\RCAs\2006\PL06-03 ZTA 05-03a Specific Plan Amend.doc-2- 1/6/2006 11:47 AM REQUEST FOR ACTION MEETING DATE: 1/17/2006 DEPARTMENT ID NUMBER:PL06-03a Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach Location: Specific Plan Project Areas Zoning Text Amendment No. 05-03 represents a request by the City Council to amend three Specific Plans to include and modify appeal language and written notification to the City Council for all Director of Planning decisions (ATTACHMENT NO. 13). Specifically, Zoning Text Amendment No. 05-03 represents a request pursuant to Section 247.02 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO): ➢ To amend Sections 3.0 (Administration);, 3.4 (Parcel Maps),and 3.5 (Site Plan Review) _ of Specific Plan No. 11, McDonnell (Boeing) Centre--Business Park by adding the 6� statement "with written notification to the City Council and City Administrator" and the sentence "The action of the Director of Planning shall be final unless appealed to the City Council by the applicant or a City Council Member within ten calendar days of written notification by the Director of Planning;" and ➢ To amend Sections 2.0 (Administration), 2.3 (Site Plan Review) and 2.4 (Parcel Maps) of Specific Plan No. 13, The Crossings by adding the statement "with written notification C/ to the City Council and City Administrator" and the sentence "The action of the Director of Planning shall be final unless appealed to the City Council by the applicant or a City Council Member within ten calendar days of written notification by the Director of Planning;" and ➢ To amend Section 3.7 (Specific Plan Amendments) of Specific Plan No. 4, Huntington Harbour Bay Club by adding the statement "with written notification to the City Council and City Administrator" and the sentence "The action of the Director of Planning shall 3� be final unless appealed to the City Council by the applicant or by a City Council Member within ten calendar days of written notification by the Director of Planning." Local Coastal Program Amendment No. 05-01 is required because Specific Plan No. 4 is located within the Coastal Zone. Whenever a zoning text amendment is made that impacts the coastal zone, an amendment of the City's Local Coastal Program must be approved by the California Coastal Commission. Zoning Text Amendment No. 05-03 was initiated by the City Council on September 6, 2005, with a six to one vote to direct staff to initiate a zoning text amendment to change any Specific Plan that does not allow appeal of the Director of Planning or Zoning Administrator's decision to the City Council. The Council also directed staff to provide written notification to the City Council of the Director's decision (ATTACHMENT NO. 13). The intent was to enable the City Council to be more involved in the implementation of the Specific Plans and to have further review ability of proposed development projects within the Specific Plans. GARCAs120061PL06-03 ZTA 05-03a Specific Plan Amend.doc-3- 1/4/2006 4:05 PM REQUEST FOR ACTION MEETING DATE: 1/17/2006 DEPARTMENT ID NUMBER:PL06-03a B. PLANNING COMMISSION MEETING AND RECOMMENDATION: The Planning Commission held a public hearing on December 13, 2005. There were six speakers who spoke at the public hearing. Five of the six speakers opposed Zoning Text Amendment No. 05-03 expressing concern regarding the added step and time to the development process, which is inconsistent with the overall objective of the comprehensive Specific Plans. The majority of the Planning Commission concurred with the public speakers and denied Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-01 after a lengthy review and discussion of the proposed amendments. The Planning Commission found that the project was inconsistent with the goals, objectives and policies of the General Plan because the amendment does not achieve the goal of streamlining the entitlement review process as reflected in policy ED.2.3.1 of the Economic Development Element. The Planning Commission also found the amendment not to be in conformity with public convenience and good zoning practice because there is adequate control through the existing review process. Two prior motions were made by the Planning Commission to approve the amendments with various modifications but did not pass. There were two letters received regarding the amendments: one from the Chamber of Commerce (Attached to the Planning Commission Staff Report — ATTACHMENT NO. 11) and from James Hughes of McKenna Long & Aldridge (ATTACHMENT NO. 14). C. APPEAL: On December 20, 2005, City Council Member Jill Hardy appealed the Planning Commission's action (ATTACHMENT NO. 12) citing that the proposed amendments to the Specific Plans were intended to provide the City Council more involvement in the implementation of Specific Plans as well as have more control over the review of development projects within the Specific Plans. D. STAFF ANALYSIS AND RECOMMENDATION: Currently, Specific Plan No. 4 (Huntington Harbour Bay Club), Specific Plan No. 11 (McDonnell Centre Business Park/Boeing) and Specific Plan No. 13 (The Crossings/Bella Terra) allow the Director of Planning to approve minor amendments to the Specific Plan documents provided the modifications do not change the meaning or intent of the Specific Plan. A major modification to the Specific Plans does require a zoning text amendment to the Planning Commission and adoption by the City Council. The Council's direction is to change the minor modification process in these Specific Plans by adding language to include notification of the Director's decision to the City Council and City Administrator. In addition, language is added to allow the applicant or a City Council Member to appeal the Director's decision to the City Council within ten days of written notification by the Director. G:1RCAs120061PL06-03 ZTA 05-03a Specific Plan Amend.doc-4- 114/2006 4:05 PM REQUEST FOR ACTION MEETING DATE: 1/17/2006 DEPARTMENT ID NUMBER:PL06-03a Specific Plan No. 4 requires that all new development (new construction) be subject to a conditional use permit, coastal development permit and design review to the Planning Commission except residential development of 20 units or less requires a CUP to the Zoning Administrator. Specific Plan No. 11 and Specific Plan No. 13 allow the Director of Planning to approve new development projects (new construction) within the specific plan area when the development is in full compliance with the development standards of the Specific Plan. This process is achieved through a Site Plan Review. The Site Plan Review process is required for all new development or intensification of use, with the exception of interior improvements, general maintenance and repair, or other minor construction activities. Any proposal to reuse and/or change the use of a previously approved and constructed development that is "like for like" is subject to review by the Planning Department and issuance of a Certificate of Occupancy. For Specific Plans No. 11 and No. 13, additional language is proposed to include notification of the Director's decision to the City Council and City Administrator and to allow the applicant or a City Council Member to appeal the Director's decision to the City Council within ten days of written notification by the Director. All three Specific Plans allow the Director of Planning to approve request for deviations provided the request is less than 10 percent for Specific Plan 4 (Huntington Harbour Specific Plan) and Specific Plan 13 (The Crossings), and less than 20 percent for Specific Plan 11 (McDonnell Centre Business Park). Language was not changed in all three Specific Plans because Specific Plan 11 (McDonnell Centre Business Park) and Specific Plan 13 (The Crossings) only allows the review and approval of deviations through the Site Plan Review Process and deviations to Specific Plan 4 (Huntington Harbour Bay Club) are to be processed through the Administrative Permit process which already provides notification to the City Administrator and City Council. There are no changes to the appeal process for Zoning Administrator actions because all such actions are appealable to the Planning Commission. In summary, Zoning Text Amendment No. 05-03 modifies numerous sections of Specific Plan No. 4, Specific Plan No. 11, and Specific Plan No. 13 to address the City Council's concern regarding notification and Council appeals. The Local Coastal Program Amendment is required because Specific Plan No. 4 is within the Coastal Zone. Environmental Status: The proposed zoning text amendment is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. G:1RCAs\20061PL06-03 ZTA 05-03a Specific Plan Amend.doc-5- 1/4/2006 4:05 PM REQUEST FOR ACTION MEETING DATE: 1/17/2006 DEPARTMENT ID NUMBER:PL06-03a Attachment(s): City Clerk's Page Number No. Description Suggested Finding for Approval —ZTA No. 05-03 (Staff 1 Recommendation) 2. Suggested Findings for Approval — LCPA No. 05-01 Findings for Denial —ZTA No. 05-03 (Planning Commission 3. Recommendation) Ordinance No. 3�� for Specific Plan No. 4 (Huntington 4- Harbour Bay Club) Resolution No 6-3 for Specific Plan No. 4 (Huntington 5- Harbour Bay Club) Exhibit A - Legislative Draft— Specific Plan No. 4 (Huntington 6- Harbour Bay Club) Ordinance No.3 7a- - for Specific Plan No. 11 (McDonnell 7. Centre Business Park) Exhibit A - Legislative Draft— Specific Plan No. 11 (McDonnell $ Centre Business Park) Ordinance No.%317Af for Specific Plan No. 13 (The 9• Crossings at Huntington Beach) Exhibit A - Legislative Draft— Specific Plan No. 13 (The 10. Crossings at Huntington Beach Planning Commission Staff Report with Findings dated 11. December 13, 2005 (Includes letter from the Chamber of Commerce Appeal Letter by Council Member Jill Hardy dated December 20, 12. 2005 13. Ci Council H-Item Action Agenda— September 6, 2005 14 Letter from James Hughes of McKenna Long & Aldridge dated December 13, 2005 G:\RCAs\2006\PL06-03 ZTA 05-03a Specific Plan Amend.doc-6- 1/6/200611:51 AM ATTACHMENT NO . 2 New building construction of the following uses and fagade improvements to existing buildings shall be permitted within the Crossings at Huntington Beach Specific Plan subject to review and approval of a Site Plan Review by the Planning Director. Other changes in occupancy, such as, like for like tenant changes, new tenants established within existing buildings, and/or intensification of tenant uses shall be subject to building permit plan check review to verify compliance with parking and the Specific Plan review. ,,. Aquarium Day Care Facilities Banks and other financial institutions Government Offices * Commercial recreation and live entertainment Public Safety Facilities Food Markets (Specialty Markets-max. 10,000 s . ft.) Utilities and Communication Facilities General Retail Parking Day Spa -surface Hotels,Motels -structured Movie Theaters -valet Restaurants -with outdoor dining - with alcohol sales -*with live entertainment and dancing - drive-through bake (limited to one location) Personal Services OFFICE Business and Professional OTHER PERMITTED RETAIL Car stereo and alarm installation,if integrated into an anchor/major retail building and located within a building Portable carts and kiosks Note:Other similar uses maybe permitted subject to review by the Planning Director. *Requires an entertainment permit Permitted Uses Chart Exhibit 11 A The Crossings at Huntington Beach Specific Plan 81 August 7, 2004May 22, 20GG ATTACHMENT NO . 3 ORDINANCE NO. 3 7 2 6 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SPECIFIC PLAN 4 " NTINGTON HARBOUR BAY CLUB SPECIFIC PLAN)BY ADDING CITY COUNCIL NOTIFICATION LANGUAGE TO SECTION 3.7 - SPECIFIC PLAN AMENDMENTS (ZONING TEXT AMENDMENT NO. 05-03) WHEREAS, pursuant to California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 05-03, which amends Specific Plan 4(Huntington Harbour Bay Club Specific Plan)by adding City Council notification language to Section 3.7— Specific Plan Amendments; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Specific Plan 4 (Huntington Harbour Bay Club Specific Plan)is hereby amended as noted in Exhibit A, amended Huntington Harbour Bay Club Specific Plan, incorporated by reference and attached hereto_ SECTION 2. This ordinance requires action by the California Coastal Commission and shall take effect after the California Coastal Commission's approval_ PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 stday of February , 200 6 Mayor ATTEST: APPROVED AS TO FORM: City Clerk 01 City A omey 14 REVIEWED AND APPROVED: D AND APPROVED: City Administrator VIDiTfeclor of Planning ATTACHMENTS: Exhibit A: Amended Huntington Harbour Bay Club Specific Plan 06ordlbay clu"6 EXHIBIT A --. N T:- N, N ' '...'GUr A' CU 6T. City of Huntington Beach SPECIFIC PLAN NO. 4 Prepared by: Michael C. Adams Associates Richard Harlow Associates Hunsaker & Associates C. Allen Design A very Swell Idea, Inc. April 5, 2004 Adopted February 1983 Ordinance No. 2605 Amendment No. 1 - July 1984 Resolution No. 5389 Amendment No. 2 - April 2004 Resolution No. 2004-19 Ordinance No. 3634 Resolution No. 2005-xx Ordinance No. xxxx Table of Contents SECTION ONE- INTRODUCTION j 1.0 PURPOSE........................................................... 5 1.1 AUTHORITY AND PROCEDURE ....................... 5 SECTION FIVE - DESIGN GUIDELINES 1.2 SCOPE AND FORMAT ....................................... 6 5.0 PROJECT AREA CHARACTER.........................36 5.1 SITE PLANNING GUIDELINES ........................36 SECTION TWO — PROJECT AREA DESCRIPTION 5.2 ARCHITECTURALGUIDELINES......................37 2.0 LOCATION.........................................................8 5.3 LANDSCAPE GUIDELINES..............................38 2.1 GENERAL PLAN DESIGNATION.......................8 2.2 ZONING.............................................................9 SECTION SIX - DEVELOPMENT REGULATIONS 2.3 CURRENT LAND USES......................................9 6.0 PURPOSE .........................................................40 2.4 PLANNING HISTORY ...................................... 10 6.1 GENERAL PROVISIONS...................................40 6.2 DEFINITIONS...................................................41 SECTION THREE - IMPLEMENTATION 6.3 DEVELOPMENT STANDARDS ........................43 3.0 ADMINISTRATION.......................................... 12 3.1 METHODS AND PROCEDURES....................... 12 APPENDIX 3.2 DEVELOPMENT PHASING.............................. 12 Legal Description.................................................................52 3.3 APPLICATION PROCEDURE ........................... 12 Mitigation Measures ....................................................54 3.4 ENVIRONMENTAL DETERMINATION............ 13 3.5 REQUEST FOR DEVIATION ............................ 14 3.6 HOMEOWNERS' ASSOCIATION ..................... 14 3.7 SPECIFIC PLAN AMENDMENTS ..................... 15 3.8 SEVERABILITY ............................................... 15 SECTION FOUR - SPECIFIC PLAN CONCEPT 4.0 DEVELOPMENT CONCEPT ............................. 17 4.1 PLANNING AREAS.......................................... 19 4.2 ACCESS AND CIRCULATION..........................30 4.3 PUBLIC FACILITIES ........................................32 4.4 UTILITIES........................................................34 NOTIN(JON MAPPOl'lP VAY (MV 2 ---e -m n 12 I►nplg►nentation.° " • Membership shall be mandatory for each buyer and any successive buyer. 3.8 SEVERABILITY • The open space restrictions shall be permanent. • Phased development which requires one or more final maps, may need to establish reciprocal covenants, If any section, subsection, sentence, clause, phrase, or portion of conditions, restrictions, management and maintenance this title, or any future amendments or additions hereto, is for any agreements, and may require a merging of increments as reason held to be invalid or unconstitutional by the decision of any they are completed, and embody one Homeowners' court of competent jurisdiction, such decision shall not affect the Association with common areas for the total development. validity of the remaining portions of this title, or any future amendments or additions hereto. The City hereby declares that it would have adopted these titles and each sentence, subsection, clause, phrase, or portion or any future amendments or additions 3.7 SPECIFIC PLAN AMENDMENTS thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments The Specific Plan can be amended. The Planning Director shall or additions thereto may be declared invalid or unconstitutional. have the discretion to determine if requests for modification to the Specific Plan are minor or major. Minor modifications may be accomplished administratively by the Director with written notification to the City Council and City Administrator. Major modifications will require the processing of a Zoning Text Amendment, subject to the City's processing regulations in place at the time of the request. Minor modifications are simple amendments to the exhibits and/or text, which are intended to clarify and not change the meaning or intent of the Specific Plan. Major modifications are amendments to the exhibits and/or text, which are intended to change the meaning or intent of the Specific Plan. HUNT:INUO HAVOOUP SAY (MV 15 Ord. No. 3726 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 6th day of February, 2006, and was again read to said City Council at a regular meeting thereof held on the 21st day of February,2006, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Green, Coerper, Sullivan, Hardy, Cook NOES: Hansen ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 2,2006. In accordance with the City Charter of said City Joan L. Flynn,City Clerk C Clerk and ex-officio erk Deputy City clerk of the City Council of the City of Huntington Beach, California ATTACHMENT NO . 4 RESOLUTION NO. 2 0 0 6-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 05-01 (ZONING TEXT AMENDMENT NO. 05-03) AND REQUESTING ITS CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, after notice duly given pursuant to Government Code Section 65090 and Public Resources Code Sections 30503 and 30510, the Planning Commission of the City of Huntington Beach held a public hearing to consider the adoption of the Huntington Beach Local Coastal Program Amendment No. 05-01 which is a request to amend Specific Plan No. 4 (Huntington Harbour Bay Club Specific Plan); and Such amendment was recommended to the City Council for adoption; and The City Council, after giving notice as prescribed by law, held at least one public hearing on the proposed Huntington Beach Local Coastal Program Amendment No. 05-01, and the City Council finds that the proposed amendment is consistent with the Huntington Beach General Plan, the Certified Huntington Beach Coastal Land Use Plan and Chapter 6 of the California Coastal Act; and The City Council of the City of Huntington Beach intends to implement the Local Coastal Program in a manner fully consistent with the California Coastal Act, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the Huntington Beach Local Coastal Program Amendment No. 05-01, consisting of Zoning Text Amendment No. 05-03, a copy of which is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein, is hereby approved. 2. That the California Coastal Commission is hereby requested to consider, approve, and certify Huntington Beach Local Coastal Program Amendment No. 05-01. 3. That pursuant to Section 13551(b)of the Coastal Commission Regulations, Huntington Beach Local Coastal Program Amendment No. 05-01 will take effect automatically upon Coastal Commission approval, as provided in Public Resources Code Sections 30512, 30513, and 30519_ 06reso/bay club-06 1 Reso. No. 2006-3 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the r,j-h day of Pebruary 7200 6 Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Idministrator ll J� City ttorney �tm jb;)0V INITI ED AND APPROVED: z4l�iT?2�4 v rector of Planning ATTACHMENTS: Exhibit A: Ordinance No. �7026 (Zoning Text Amendment No. 05-03) 06rewbay club-06 2 EXHIBIT A -, ORDINANCE NO. 3726 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SPECIFIC PLAN 4 (HUNTINGTON HARBOUR BAY CLUB SPECIFIC PLAN)BY ADDING CITY COUNCIL NOTIFICATION LANGUAGE TO SECTION 3.7- SPECIFIC PLAN AMENDMENTS (ZONING TEXT AMENDMENT NO. 05-03) WHEREAS, pursuant to California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 05-03, which amends Specific Plan 4 (Huntington Harbour Bay Club Specific Plan)by adding City Council notification language to Section 3.7—Specific Plan Amendments;and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented,the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Specific Plan 4 (Huntington Harbour Bay Club Specific Plan) is hereby amended as noted in Exhibit A, amended Huntington Harbour Bay Club Specific Plan, incorporated by reference and attached hereto. SECTION 2. This ordinance requires action by the California Coastal Commission and shall take effect after the California Coastal Commission's approval. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 sWay of February , 200 6 C.e��C��r�_ Mayor ATTEST: APPROVED AS TO FORM: losz�l City Clerk City A orney REVIEWED AND APPROVED: t4D APPROVED: City A�'dministrator ecoof Planning ATTACHMENTS: Exhibit AA Amended Huntington Harbour Bay Club Specific Plan 06ord/bay club-06 HUN :I ' TQr4 NIV H A O.�1. BAY CLU City of Huntington Beach SPECIFIC PLAN NO. 4 Prepared by: Michael C. Adams Associates Richard Harlow Associates Hunsaker & Associates C. Allen Design 'i A very Swell Idea, Inc. April 5, 2004 Adopted February 1983 Ordinance No.-2605 Amendment No. 1 - July 1984 Resolution No. 5389 Amendment No. 2 - April 2004 Resolution No. 2004-19 Ordinance No. 3634 Resolution No. 2005-xx Ordinance No. xxxx Table of Contents SECTION ONE- INTRODUCTION 1.0 PURPOSE........................................................... 5 1.1 AUTHORITY AND PROCEDURE ....................... 5 SECTION FIVE - DESIGN GUIDELINES 1.2 SCOPE AND FORMAT ....................................... 6 5.0 PROJECT AREA CHARACTER.........................36 5.1 SITE PLANNING GUIDELINES ........................36 SECTION TWO— PROJECT AREA DESCRIPTION 5.2 ARCHITECTURALGUIDELINES ................:.....37 2.0 LOCATION.........................................................8 5.3 LANDSCAPE GUIDELINES..............................38 2.1 GENERAL PLAN DESIGNATION....................... 8 2.2 ZONING ............................................................. 9 SECTION SIX - DEVELOPMENT REGULATIONS 2.3 CURRENT LAND USES......................................9 6.0 PURPOSE .........................................................40 2.4 PLANNING HISTORY ...................................... 10 6.1 GENERAL PROVISIONS...................................40 6.2 DEFINITIONS...................................................41 SECTION THREE - IMPLEMENTATION 6.3 DEVELOPMENT STANDARDS ........................43 3.0 ADMINISTRATION.......................................... 12 3.1 METHODS AND PROCEDURES....................... 12 APPENDIX 3.2 DEVELOPMENT PHASING . 12 Legal Description.................................................................52 3.3 APPLICATION PROCEDURE ........................... 12 Mitigation Measures ....................................................54 3.4 ENVIRONMENTAL DETERMINATION............. 13 i 3.5 REQUEST FOR DEVIATION ............................ 14 3.6 HOMEOWNERS' ASSOCIATION ..................... 14 a 3.7 SPECIFIC PLAN AMENDMENTS ..................... 15 3.8 SEVERABILITY ............................................... 15 SECTION FOUR - SPECIFIC PLAN CONCEPT 4.0 DEVELOPMENT CONCEPT ............................. 17 4.1 PLANNING AREAS.......................................... 19 4.2 ACCESS AND CIRCULATION.......................... 30 4.3 PUBLIC FACILITIES ........................................32 4.4 UTILITIES........................................................ 34 HUNTANUON HA:V0014P OAY (LOP 2 Imp141mentatlon • Membership shall be mandatory for each buyer and any successive buyer. 3.8 SEVERABILITY • The open space restrictions shall be permanent, • Phased development which requires one or more final maps, may need to establish reciprocal covenants, If any section, subsection, sentence, clause, phrase, or portion of conditions, restrictions, management and maintenance this title, or any future amendments or additions hereto, is for any agreements, and may require a merging of increments as reason held to be invalid or unconstitutional by the decision of any they are completed, and embody one Homeowners' court of competent jurisdiction, such decision shall not affect the Association with common areas for the total development. validity of the remaining portions of this title, or any future amendments or additions hereto. The City hereby declares that it would have adopted these titles and each sentence, subsection, clause, phrase, or portion or any future amendments or additions 3.7 SPECIFIC PLAN AMENDMENTS thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments The Specific Plan can be amended. The Planning Director shall or additions thereto may be declared invalid or unconstitutional. have the discretion to determine if requests for modification to the Specific Plan are minor or major. Minor modifications may be accomplished administratively by the Director with written notification to the City Council and City Administrator. Major modifications will require the processing of a Zoning Text Amendment, subject to the City's processing regulations in place at the time of the request. Minor modifications are simple amendments to the exhibits and/or text, which are intended to clarify and not change the meaning or intent of the Specific Plan. Major modifications are amendments to the exhibits and/or text, which are intended to change the meaning or intent of the Specific Plan, HUNTUTON HA-004V OAY (WO 15 Ord. No. 3726 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 6th day of February,2006,and was again read to said City Council at a regular meeting thereof held on the 21st day of February,2006,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Green, Coerper, Sullivan, Hardy, Cook NOES: Hansen ABSENT: None ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 2,2006. In accordance with the City Charter of said City Joan L. Flynn,Ci. Clerk CiuClerk and ex-officio erk Deputy City Clerk of the City Council of the City of Huntington Beach, California Res. No. 2006-3 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-ofFicio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 6th day of February, 2006 by the following vote: AYES: Bohr, Green, Coerper, Sullivan, Hardy, Cook NOES: Hansen ABSENT: None ABSTAIN: None QA*-J cit;k,lerk and ex-officio Merk of the City Council of the City of Huntington Beach, California ATTACHMENT NO . 5 1 ORDINANCE NO. 3 7 2 7 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SPECIFIC PLAN 11 (MCDONNELL CENTRE BUSINESS PARK SPECIFIC PLAN)BY ADDING CITY COUNCIL NOTIFICATION LANGUAGE TO SECTIONS 3.0—ADMINISTRATION, 3.4—PARCEL MAPS AND 3.5 — SITE PLAN REVIEW(ZONING TEXT AMENDMENT NO. 05-03) WHEREAS, pursuant to California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 05-03, which amends Specific Plan 11 (McDonnell Centre Business Park Specific Plan)by adding City Council notification language to Section 3.0— Administration, Section 3.4—Parcel Maps, and Section 3.5 —Site Plan Review; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Specific Plan 11 (McDonnell Centre Business Park Specific Plan) is hereby amended as noted in Exhibit A, amended McDonnell Centre Business Park Specific Plan, incorporated by reference and attached hereto. SECTION 2. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 s tday of February ,2006. Mayor ATTEST: �PPROVED AS TO FORM: 'V City Clerk 1.ij City orney REVIEWED AND APPROVED: 7- A4 PPROVED:D City Administrator r )irktovof Planing ATTACHMENTS: Exhibit A: Amended McDonnell Centre Business Park Specific Plan 06ord/mcdonnell centre-06 EXHIBIT A 7fo 771 McDONNELL CENTRE BUSINESS PARK City of Huntington Beach SPECIFIC PLAN NO. 11 (Volume One of Two) 1 McDONNELL CENTRE BUSINESS PARK City of Huntington Beach SPECIFIC PLAN NO. 11 Prepared by EDAW, INC. with Michael C. Adams Associates Urban Design Camp Langdon Wilson Architecture Peter D. Brandow & Associates, Landscape Architects :I Adams, Streeter Civil Engineers, Inc. WPA Traffic Engineering, Inc. Adopted October 6, 1997 Ordinance No. 3372 Amendment No. 1 February 6, 2002 IMPLEMENTATION 3.0, ADMINISTRATION The City's Director of Planning shall administer the . Changes to the infrastructure (i.e., storm drain, provisions of the McDonnell Centre Business Park water and sewer systems), as recommended by the Specific Plan in accordance with the State of California City's Director of Public Works. Government Code, Subdivision Map Act, the Huntington Beach Municipal Code, and the City's General Plan. • The adjustment, addition and/or lot consolidation as The Specific Plan development procedures, regulations addressed in this section of the Specific Plan. standards and specifications shall supersede the relevant . Modifications to the alignment of the Planning Area provisions of the City's Zoning Code (Huntington Beach boundaries to coincide with specific development Zoning and Subdivision Ordinance), as they currently plans, as recommended by the City's Director of exist or may be amended in the future. Any development Planning. regulation and building requirement not addressed in the Specific Plan shall be subject to the City's adopted All modifications must be reviewed for compliance with-- regulations in place at the time of an individual request. the goals and policies of the City's General Plan, intent] of the McDonnell Business Park Specific Plan ands The Director of Planning shall have the discretion to consistency with the Environmental Impact Report. determine if requests for modification to the Specific Plan are minor or major. Minor modifications or amendments 3.1 DEVELOPMENT PHASING PLAN =; may be accomplished administratively by the Director-.with written notification to the City The McDonnell Business Park Specific Plan area is, Council and City Administrator. Major designed for maximum flexibility and anticipates that amendments will require the processing of a Zoning Text individual development projects will be constructed over. Amendment, subject to the City's processing regulations a period of years; with no specific target date for in place at the time of the request. Minor modifications to completion. Development starts and occupancy will be the Specific Plan include, but are not limited to: dictated by market forces and phased accordingly. The addition of information to the exhibits or text A development Phasing Plan (Section 4.5) has been which serve to clarify, but do not change the prepared identifying a program of the relative timing of meaning or intent. development within each of the Planning Areas. The Phasing Plan also provides a guideline for the construction of community infrastructure and public improvements to adequately service new projects within the Specific Plan area. McDonnell Centre Business Park Specific Plan 13 O;L approved, or conditionally approved by the Director of 3.2 METHODS AND PROCEDURES Planning and City Engineer, with written The methods and procedures for implementation of.the notification to the City Council, providing the Specific Plan shall be on a project by project basis. The proposal is found to be in compliance with the Specific adoption of the Specific Plan alone will not require Plan. infrastructure improvements to the project area. Physical improvements will only coincide with the recordation of a In order to approve a Parcel Map the Director of Parcel Map and/or approval of an individual development Planning shall make the following findings: project. The Specific Plan is a regulatory document and is not intended to be a Development Agreement. . The Parcel Map is consistent with the General Plan Land Use Element designation of Industrial (F.A.R. 3.3 MASTER PLAN 0.75), the Specific Plan, and all other applicable provisions of the City's adopted codes and A Master Plan Concept for the project area identifying regulations; and primary and alternative land uses, circulation system, `r infrastructure layout, public facilities and landscape • The site is physically suitable for the type and . scheme has been prepared (Section Four) in conjunction density of development proposed; and with the Specific Plan. All proposed projects shall be consistent with the intent of the Master Plan Concept. • The design of the subdivision or the proposed,. improvements will not cause serious health- 3.4 PARCEL MAPS problems or substantial environmental damage or, substantially and avoidably injure fish or wildlife or. The project area will be subdivided through a series of their habitat; and Parcel Maps. Parcel Maps shall be prepared consistent • The design of the subdivision or the type of with the Master Plan Concept to create developable improvements will not conflict with easements, sites. These maps shall identity the infrastructure and improvements necessary to support the anticipated acquired by the public at large, for access through the use of property within the proposed subdivision projects, subject to review by the City's Public Works and unless alternative easements, for access or for use, Fire Departments, will be provided. Upon recordation, Parcel Maps may be further divided 3.5 SITE PLAN REVIEW and/or adjusted by filing a subsequent Parcel Map or a -Lot Line Adjustment, pursuant to the provisions of the Individual development projects within the McDonnell Subdivision Map Act. A parcel may be created with or Centre Business Park Specific Plan project area shall without a specific project plan. A Parcel Map may be be implemented through a Site Plan Review process. A Site Plan Review shall be required for all new McDonnell Centre Business Park Specific Plan 14 ,C"-- development activity, with the exception of interior be established by a separate resolution of the City improvements, general maintenance and repair or other Council. minor construction activities that do not result in an intensification of the use. These exceptions may be The Director of Planning has the authority to approve, subject to other Building and Public Works permits and conditionally approve, or deny a Site Plan Review- approvals prior to commencement. With written notification to the City Council and City Administrator. A Site Plan Review A Site Plan Review request shall be submitted to the City application may also require analysis and comments on a standard City application form. Prior to the submittal from various departments of the City. In order to to the City; Boeing Company or their successors in approve a Site Plan Review application, the Director of interest may review all plans for acceptability of design, Planning shall make the following findings: compliance with the CC&R's and Specific Plan intent. . The request is consistent with the City's General .Application to the City for a Site Plan Review shall Plan and all applicable requirements of the include a narrative of the proposed activity along with Municipal Code; and :preliminary development plans and drawings. The , The requested activity will not be detrimental to the O narrative shall consist of a project description identifying general welfare of persons working or residing in the 5' the intended services offered with square feet, hours and vicinity nor detrimental to the value of the property days of operation, number of employees, and other information as appropriate. Supplemental to the and improvements in the neighborhood; and application submission, project plans shall be prepared The requested activity will not adversely affect the including the following preliminary plans: site plan, floor Circulation Plan (Exhibit 9); and Y: plans, elevations, landscaping, grading, fencing and u signage plans; other plans may be required depending . The requested activity will comply with the on the complexity of the project. The entire parcel shall provisions of the McDonnell Centre Business Park be plotted with dimensions and all pertinent data and Specific Plan and other applicable regulations or include dimensions to the nearest intersecting public special conditions required of the project. street and identify all street names. In addition, all existing and proposed physical features and structures The action of the Director of Planning shall be final on the subject property and abutting properties shall be unless appealed to the Zoning Administrator by the .plotted. applicant within ten calendar days of written notification. Such Appeals for a Site Plan Review shall be subject to The application shall also include a legal description of the procedures outlined in the City's Zoning and ,the property, identification of the uses for each room on Subdivision Ordinance. the floor plans and a list of all the building materials, and exterior colors. An application fee for this service shall A Site Plan Review approval shall be valid for a period of one year. Additional one year extensions may be McDonnell Centre Business Park Specific Plan 15 �-- i Site Plan Review Process Project Concept yDetermmination l Project Review w/City J Concept Planning Staff Parcel Map New Building CeKificate of Business Construction Reuse Request Request Request Permit Occupancy License . 1 Boe Com inn Request for pay Site Plan Review Deviation Review Application Submftta (Processed Concurrently) Assign Project Create Project Review for Pay Fee Planner File Completeness Hearing and Development Determination Environmental Review by the Condif%onal Determination lCornmittee(All Director of /4 royals Depts.) Planning pp r..L-1.:A • iA1V1AA� requested for a maximum of two years. Such .an 96-1 addresses the Specific Plan Amendment No.1 extension request must be made in writing by the original modifications. applicant, property owners, and/or authorized designee, a minimum of thirty days prior to the expiration of the Development project requests consistent with the current approval. If construction activity does not Specific Plan shall not be subject to additional commence within the approval or extension period, the environmental review unless otherwise required by entitlement shall be terminated. All final decisions on site C.'E.0.A. However, the Director of Planning may plan review proposals shall be the responsibility of the request an additional environmental assessment for Director of Planning. unique or unusual circumstances, that have not been previously addressed in the environmental review. 3.6 REUSE/ CHANGE OF USE REVIEW The Director of Planning may impose environmental Any proposal to reuse and/or change the use of a mitigation measures, as specified in the E.I.R., as previously approved and constructed development, within conditions of approval on individual Site Plan Reviews. the project area, will be subject to additional review by Such conditions of approval shall describe the time the Planning Department. The additional review will period and manner in which the mitigation measure. follow the same procedures outlined in the Site Plan must be satisfied. Review process. A "like for like" change of use ( i.e. office to office or light manufacturing to light 3.8 REQUEST FOR DEVIATION manufacturing) may only be subject to the requirements for a new certificate of occupancy; however any The McDonnell Centre Business Park Specific Plan intensification of use shall require a new Site Plan Development Regulations (Section Six) are intended to Review. The primary concern will be to review the encourage projects which create an aesthetically project request with the E.I.R. "Trip Generation Budget" pleasing appearance, enhance the environment, and and analyze the on-site ratio of available parking with the facilitate innovative quality architectural design with arr anticipated number of employees. In addition any adaptation to the surrounding environment. proposed physical modifications to the existing structure and/or site shall be subject to additional review and Deviations from the Development Regulations of the approval of the Director prior to the issuance of building Specific Plan may be granted at the time of Site Plan permits. Review for special circumstances and/or unique architectural features. Requests for Deviation may 3.7 ENVIRONMENTAL DETERMINATION include but are not limited to parcel size, building height, site coverage, setbacks, open space, parking, .The extent and intensity of all anticipated development and landscaping. Deviation requests, up to twenty (20) activity for the McDonnell Centre Business Park area has percent of any single standard, may be considered by been identified in the Specific Plan and analyzed in the Director of Planning. Deviations greater than Environmental Impact Report 96-1. An Addendum to EIR twenty (20) percent must be approved by a Variance application before the Zoning Administrator, subject to McDonnell Centre Business Park Specific Plan 17 0�L Ord. No. 3727 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 6th day of February,2006, and was again read to said City Council at a re ular meeting thereof held on the 21st day of February,2006, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Green, Coerper, Sullivan, Hardy, Cook NOES: Hansen ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 2,2006 In accordance with the City Charter of said City y Clerk and ex-offici Jerk Joan L. Flynn,City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Approve Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-01 COUNCIL MEETING DATE: February 6, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney) Certificates of Insurance (Approved by y the City Attorney) Attached ElNot Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Attached ❑ Staff Report (If applicable) Not Ap licable Commission, Board or Committee Re ort If applicable Attached ElP ( pp ) Not Applicable Findings/Conditions for Approval and/or Denial Attached El pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: ry- ``. ►'1'ls Ft f� Only)(Below Space For City Clerk's Use RCA Author: LM o CITY OF HUNTINGTON BEACH TO: Honorable Mayor and Members of the City Council VIA: Penelope Culbreth-Graft, DPA, City Administrator FROM: Paul Emery, Deputy City Administrator DATE: February 6, 2006 SUBJECT: Late Communication - Item G-213 Approve Zoning Text Amendment No. 05-03 and Local Coastal Plan Amendment No. 05-01 (Specific Plan Amendments) Recommended Action No. 2 identifies Ordinance No. 3626 for approval. The recommended action should reference Ordinance No. 3726 as shown on page G-213.77. Staff is available to answer any additional questions regarding this item. N . CV � o 0 Cn Q � W PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) TON I am a Citizen of the United States and a CITY OF EGALNHUNTIN TICS BEACH LEGAL NOTICE resident of the County aforesaid; I am ORDINANCE NO.3726 over the age of eighteen years, and not a Adopted by the City Council. on FEBRUARY 21,2006 party to or interested in the below entitled "AN ORDINANCE IN THE CITY OF HUNTINGTON matter. I am a principal clerk of the BEACH AMENDING SP C I F I C PLAN 4 4 HUNTINGTON BEACH INDEPENDENT, BAYNTCLUBNSPECIHARBR FIC PLAN) BY ADDING CITY a newspaper of general circulation, COUNCIL NOTIFICATION TO SECTION 3.7 - SPE- printed and published in the City of CIFIC PLAN AMEND- MENTS (ZONING TEXT Huntington Beach, County of Orange, AOMENDMENT N0. 05 State of California, and that attached SYNOPSIS: THE AMENDMENT TO SPECIFIC PLAN Notice is a true and complete copy as (HUNTINGTON HO.HAR4 BOUR BAY CLUB)ADDS was printed and ; published in the THE STATEMENT"WITH WRITTEN NOTIFICA- Huntin ton Beach issue of said TION TO THE CITY CO 9 COUNCIL AND CITY newspaper to wit the Issue(s) of: ADMLOCAL C AS 16AS TAL ATUR PRO- GRAM-LOCAL ' - GRAM AMENDMENT NO. 05-01 IS RE- QUIRED BECAUSE SPE- CIFIC PLAN NO. 4 IS LOCATED WITHIN THE COASTAL ZONE. WHENEVER A ZONING TEXT AMENDMENT IS MARCH 02,2006MADE THAT IMPACTS THE COASTAL ZONE, !AN AMENDMENT OF CITY'S LOCAL �THE COASTAL PROGRAM MUST BE. APPROVED BY THE -CALIFORNIA (COASTAL COMMIS- !SION. . I declare, under penalty of perjury, that DINANCE ARE COPIES OF "IS AVAIL-, ABLE IN THE CITY the foregoing is true and correct. �CLERK'S,OFFICL PASSED AND ADOPTED by the City Council of the City of Huntington Beach aExecuted on MARCH 02,2006 meeting at heldFebgruary C 21,2006 by the following at Costa Mesa California. roll call vote: t AYES: Bohr, Green, Coerper,Sullivan;Hardy, Cook NOES:Hansen _. ABSENT:None This ordinance is 1 effective 30 doys:after Signature adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 . 714-536-5227 ' JOAN L.FLYNN,CITY CLERK Published Huntington .Beachlndependent March 2,2006 . '0�1-972 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) Ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a CITY OF BEACii resident of the Countyaforesaid; 1 am HUNTINGTONLEGALTICE LEGAL NOTICE over the age of eighteen years, and not a ORDINANCE NO.3721 opted by the Ci party to or interested in the below entitled Ad on FEBRnFEBRUARY RY2tyCouncil. 21,2006 ' F THE matter. I am a principal clerk of the CITYO ANCE OF N HUNT NGTON HUNTINGTON BEACH INDEPENDENT, BEACH C I F I C AMENDING A N SPE- C a newspaper of general circulation, 'BUSINESSELL PARKSNTRE SPE- printed and published in the City of CIFIC PLAN) BY ADDING CITY COUNCIL NOTIFI- CATION LANGUAGE TO Huntington Beach County of Orange SECTIONS 3.. -,A4-PARR CEL CEL t t ISTRATION,3 State of California and that attached MAPS AND 3.5 - SITE , PLAN REVIEW (ZONING TEXT Notice is a true and complete copy as OS 03)AMENDMENT N0. was printed and published in the MEN A THE THE AMENDMENT TO Huntington Beach issue of said SPECIFIC PLAN NO.CENTRE 11 (MSINESS A CENTRE g BUSINESS PARK) ADDS newspaper to wit the Issue(s) of: THE STATEMENT WITH WRITTEN NOTIFICA= TION TO .THE CITY COUNCIL AND CITY ADMINISTRATOR:' COPIES OF THIS OR- DINANCE ARE AVAIL- ABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED MARCH 02,2006 by the City Council of the City of Huntington Beach at a regular meeting held February 21,2006 by the following roll call vote: ' AYES: Bohr, Green, Coerper,Sullivan,Hardy, Cook I declare, under penalty of perjury that NOES:Hansen , ABSENT:None the foregoing is true and correct. This o3 dayce is effective b days offer' adoption. CITY OF HUNTINGTON BEACH Executed on MARCH 02,2006 2000 MAIN STREET HUNTINGTON BEACH,, CA 92648 at Costa Mesa, California. 714-536-5227 JOAN L.FLYNN,CRY CLERK Published Huntington Beach Independent March.2,2006 031-973 Signature Plan No. 13 development procedures will apply to all new development activities except for that occurring on the Phase II parcel. The requested amendments to Specific Plan No. 4 ' (Huntington Harbor Specific Plan) and Specific Plan No. 11 (McDonnell Centre Business Park) have been prepared and are attached for City Council's consideration. (Attachment Nos. 3, 4, 5.) Amending Specific Plan No. 13 (The Crossings at Huntington Beach) per City Council action requires staff to prepare a legal description and specify the Montgomery Wards parcel as "Phase II." Moreover, City Council's action requires the notification and appeal language for "Phase II" to be different than the rest of the Bella Terra development. The existing Specific Plan No. 13 development procedures will apply to all new development activities except for that occurring on the Phase II parcel. In its current form, Specific Plan No. 13 provides as follows: 1. Minor/ Maior Modifications: Amendments to Specific Plan No. 13 are permitted. Procedurally, the Planning Director has discretion to determine whether requests for modifications to the Specific Plan are minor or major. A minor modification is a simple amendment to the exhibits and/or text that does not change the meaning or intent of the Specific Plan. The Planning Director accomplishes minor modifications administratively. Major modifications are amendments to the exhibits and/or text that are intended to change the meaning or intent of the Development Concept, Design Guidelines, or Development Regulations of Specific Plan No. 13. Major modifications require a Zoning Text Amendment and action by the Planning Commission and City Council. 2. Permitted Uses: A complete list of Permitted Uses is included in Exhibit 11A to Specific Plan No. 13. In its current form, Specific Plan No. 13 provides that "other similar uses" may be permitted subject to review by the Planning Director. (Attachment 2.) 3. Site Plan Review: Site Plan Review is required for all new development activity, with the exception of interior developments, general maintenance and repair or other minor construction activities that do not result in an intensification of the use. Procedurally, the Planning Director has the authority to approve, conditionally approve, or deny a Site Plan Review. In the current form of Specific Plan No. 13, the action of the Planning Director is final unless appealed to the Planning Commission by the applicant submitting a Site Plan Review application. REQUEST FOR ACTION MEETING DATE: 2/6/2006 DEPARTMENT ID NUMBER:CA 06-04 Per City Council direction of January 17, 2006, staff is preparing an ordinance that will permit City Council to appeal the Planning Director's decisions identified above as to Phase II only. Environmental Status: The proposed zoning text amendment is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Attachment(s): City Clerk's . . - . • . 1. RCA PI06-03a for 1/17/06 City Council Meeting (Item D-1) 2. List of Permitted Uses (Permitted Uses Chart), Exhibit 11A, Specific Plan No. 13 (The Crossings at Huntington Beach) 3. Ordinance No. .3 �A( for Specific Plan No. 4 (Huntington Harbour Bay Club) 4. Resolution No. for Specific Plan No. 4 (Huntington Harbour Bay Club) 5. Ordinance No. 3 ® for Specific Plan No. 11 (McDonnell Centre Business Park) G:\RCA\2006\06-specific plans amend.doc -2- 1/31/2006 9:24 AM NOTICE OF PUBLIC HEARING BEFORE 'r"-T Ci'TY COUNCIL OF THE CITY Ot-HUNTiNGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, January 17, 2006, at 6:00 p.m. 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: 1. APPEAL OF ZONING TEXT AMENDMENT NO. 05-03 AND LOCAL COASTAL PROGRAM AMENDMENT NO. 05-01 (SPECIFIC PLAN AMENDMENTS): Applicant: City of Huntington Beach Request: To amend the Specific Plan 4 (Huntington Harbour Bay Club), Specific Plan 11 (McDonnell Centre Business Park) and Specific Plan 13 (The Crossings)to include City Council notification and appeal language of the Planning Director's decision. Location: Specific Plans 4, 11 & 13 Project Areas Project Planners Jason Kelley NOTICE IS HEREBY GIVEN that Item No. 1 is 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 the.City Clerk's Office on (Thursday before meeting) January 12, 2006,. 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. i Direct your written communications to the City Clerk i Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 - I� PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached - Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: JANUARY 05.2006 l declare, under penalty of perjury, that the foregoing is true and correct. Executed on JANUARY 05.2006 at Costa Mesa, California. Signature