Loading...
HomeMy WebLinkAboutZTA NO. 05-03 & LCPA NO. 05-01 ok��n�A�JCC-� 7`a 13E �` ✓�J�eo�u.c.�� �4s Rom, a -/6Io4, -IV '. (sc� /bekj eA D M M 12: 21 L.UVV\ 'a Council/Agency Meeting Held:_ Deferred/Continued to: 62 6 e,flL CI Ty iCH Appr ved ❑ Conditionally Approved ❑ Denied 2bA47-r It (jerk's ignatul' " Council Meeting Date: 1/17/2006 Department ID Number: PI06-03a CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND C TY COUNCIL MEMBERS SUBMITTED BY: PEN LOPE UL RE� R FT, I Y ADMINISTRATOR P41-1 PREPARED BY: HOWARD ZELEFSKY, DIRECTOR OF PLANNING yla"V� 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 I 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. %9 j. , an ordinance amending Specific Plan No. 11 (McDonnell Centre Business Park); and Ordinance No. 3Uir , 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)r3.4 (Parcel Maps).,and 3.5 (Site Plan Review) of Specific Plan No. 11 , McDonnell (Boeing)Centre Business Park by adding the ix 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 610 to the City Council and City Administrator" and the sentence "The action of the Director 3� 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 o� 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 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. G:\RCAs\2006\PL06-03 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:\RCAs\2006\PL06-03 ZTA 05-03a Specific Plan Amend.doc-4- 1/4/2006 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:\RCAs\2006\PL06-03 ZTA 05-03a Specific Plan Amend.doc-5- 1/4/2006 4:05 PM r REQUESTJFOR' ACTION MEETING DATE: 1/17/2006 DEPARTMENT ID NUMBER:PL06-03a Attachment(s): NumberCity Clerk's Page . 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. 31a6 for Specific Plan No. 4 (Huntington 4. Harbour Bay Club) Resolution No 06-3 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. y,7�for Specific Plan No. 11 (McDonnell 7 Centre Business Park) Exhibit A - Legislative Draft- Specific Plan No. 11 (McDonnell 8- Centre Business Park) Ordinance No.,3_j:Af 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. City 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- 1/6/2006 11:51 AM ATTACHMENT 1 SUGGESTED FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 05-03 SUGGESTED 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 minor amendments to Specific Plan No. 4 (Huntington Harbour Bay Club), Specific Plan No. 11 (McDonnell Centre Business Park) and Specific Plan No. 13 (The Crossings), which do not change the development standards, intensity, or density of the affected project areas. SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 05-03: 1. Zoning Text Amendment No. 05-03 to amend various sections of Specific Plan No. 4 (Huntington Harbour Bay Club), Specific Plan No. 11 (McDonnell Centre Business Park) and Specific Plan No. 13 (The Crossings) is consistent with the goals, objectives and policies of the General Plan because the amendment gives the applicant or the City Council a due process of the Director's decision and allows the City Council to be more involved in the implementation of the Specific Plans and have more control over the review of development projects. 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 will apply to the project areas of Specific Plan No. 4 (Huntington Harbour Bay Club), Specific Plan No. 11 (McDonnell Centre Business Park) and Specific Plan No. 13 (The Crossings). The amendment will give the applicant or a City Council member a due process of the Director's decision and does not change the permitted land uses. 3. A community need is demonstrated for the proposed zoning text amendment. The proposed changes will provide the applicant or the City Council a due process of the Director's decision and allow the City Council to be more involved in the implementation of the Specific Plans and have more control over the review of development projects. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The amendment will result in the applicant's or City Council's ability to appeal decisions made by the Director of Planning. Additionally, it will allow the City Council to be more involved in the implementation of the Specific Plans and have more control over the review of development projects. ATTACHMENT 2 SUGGESTED FINDINGS FOR APPROVAL LOCAL COASTAL PROGRAM AMENDMENT NO. 05-01 SUGGESTED FINDINGS FOR APPROVAL — LOCAL COASTAL PROGRAM NO. 05-01: 1. Local Coastal Program Amendment No. 05-01 amends the City's certified Local Coastal Program in accordance with Zoning Text Amendment No. 05-03 which modifies numerous sections of Specific Plan 4 to address the City Council's concern regarding notification and Council appeals. 2. Local Coastal Program Amendment No. 05-01 is in accordance with the policies, standards and provisions of the California Coastal Act. The changes to the Huntington Harbour Bay Club are administrative and do not affect the development standards. 3. The amendments conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act because the changes to the Specific Plan are administrative and do not change the development standards. I ATTACHMENT 3 PLANNING COMMISSION RECOMMENDATION FINDINGS FOR DENIAL ZONING TEXT AMENDMENT NO. 05-03 FINDINGS FOR DENIAL - ZONING TEXT AMENDMENT NO. 05-03: 1. Zoning Text Amendment No. 05-03 to amend various sections of Specific Plan No. 4 (Huntington Harbour Bay Club), Specific Plan No. 11 (McDonnell Centre Business Park) and Specific Plan No. 13 (The Crossings) is not consistent with the goals, objectives and policies of the General Plan because the amendment does not achieve the goals of streamlining as reflected in the following General Plan policy: Economic Development Element: ED 2.3.1 - Strive to reduce all discretionary permit and processing time. 2. A community need is not demonstrated for the proposed zoning text amendment because there is insufficient evidence to prove that the existing review process is not adequate. 3. Its adoption will not be in conformity with public convenience, general welfare and good zoning practice because there is adequate control through the existing review process. Also, the proposed appeal language adds uncertainty to the review process and is inconsistent with past City actions relative to the Specific Plans. I ATTACHMENT 4 Y ORDINANCE NO_ 3 7 2 6 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SPECIFIC PLAN 4 "JNTINGTON 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 s tday of February 1200 6 Mayor ATTEST: APPROVED AS TO FORM: QA&9'J City Clerk City Attorney REVIEWED AND APPROVED: D AND APPROVED: -C-'ze"l "City Administrator Di ector of Planning ATTACHMENTS: Exhibit A: Amended Huntington Harbour Bay Club Specific Plan ° 06ord/bay club-06 EXHIBIT A -, 'I 7 h NUNTIN-UTON "Ar-'P.Q' UV RAY." . LUP 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 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 MUNTINUON FIA: MO OAY ELUO 2 Implementation • 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. NUNT,INOON WA-9000:10 0RY ( MB 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 re ular 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. i I 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 of Jon L. Flynn,City Clerk C' Clerk and ex-officio (jerk _&JVZ6 Deputy city clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 3 7 2 6 ,; AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SPECIFIC PLAN 4 (HUNTINGTON HARBOUR BAY CLUB SPECIFIC PLAN) BY ADDING CITY COCIL NOTIFICATION AND APPEAL LANGUAGE TO SECTION 3.7 - SPECIFIC P AN 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, du y 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 and a I peal language to Section 3.7— Specific Plan Amendments; and After due consideration of the findings and recommendation' 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 (Huntingto Harbour Bay Club Specific Plan) is hereby amended as noted in Exhibit A, amended Huntingt,Harbour Bay Club Specific Plan, incorporated by reference and attached hereto. SECTION 2. This ordinance require. action by the California Coastal Commission and shall take effect after the California Coastal/eCity ommission's approval. PASSED AND ADOPTED b tCouncil of the Ci of Huntin on Beach at a re ular Y City � g meeting thereof held on the day of , 200 N CTIO Mayor ATTEST: AKENAPPROVED AS TO FORM: CitZAAPPROVED: City A rney �rpil 005 REVIEWE IN=DANDOVED: Z Cityl ministrator Dir ctor of Planning ATTACHMENTS: Exhibit A: Amended Huntington Harbour Bay Club Specific Plan 05ord/bay club ATTACHMENT 5 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 Tent 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 6 t1 day of February , 200 6 Mayor r REVIEWED AND APPROVED: APPROVED AS TO FORM: City Idministrator �� City ttomey �tm llbilov INITIVrED AND APPROVED: Z rector of Planning ATTACHMENTS: Exhibit A: Ordinance No. b (Zoning Text Amendment No. 05-03) 06reso/bay 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 2 i sway of February , 200 6 Mayor ATTEST: APPROVED AS TO FORM: City Clerk City A orney ! �l REVIEWED AND APPROVED: D AND APPROVED: City Administrator Di ector of Planning ATTACHMENTS: Exhibit A: Amended Huntington Harbour Bay Club Specific Plan 06ord/bay club-06 HUNTIN-6. T. 60A H, Arf": :-f BAY C LUB 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 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 HUNTJN6TON N00014P 00 (M 2 lmpigmentation • Membership shall be mandatory for each buyer and any successive buyer, 3.$ 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. MUNT,INOON WA-00 Q.-V OAY (QUO 1S 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 Q06'.VJ ZIA Joan L. Flynn,Ci . Clerk CJVClerk and ex-off" io 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 ) 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 resolution was passed i 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 Cit Jerk and ex-officio Werk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 3 7 2 8 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SPECIFIC PLAN 13 (THE CROSSINGS AT HUNTINGTON BEACH SPECIFIC PLAN)BY ADDING CITY COUNCIL NOTIFICATION AND APPEAL LANGUAGE TO SECTIONS 2.0 —ADMMSTRATION, 2.3 — SITE PLAN REVIEW AND 2.4 PARCEL MAPS (ZONING TEXT AMENDMENT NO. 05-03) WHEREAS, pursuant to California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 05-03, which amends Specific Plan 13 (The Crossings at Huntington Beach Specific Plan)by adding City Council notification and appeal language to Sections 2.0—Administration, 2.3 — Site Plan Review and 2.4—Parcel Maps; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: Section 1. That Specific Plan 13 (The Crossings at Huntington Beach Specific Plan)is hereby amended as noted in Exhibit A, amended Specific Plan 13, incorporated by reference and attached hereto. Section 2. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17 t h day of April 1200_6 Mayor REVIEWED AND APPROVE : APPROVED AS TO FORM: City Administrator City Attorney I 1 2 3 NCO INITIATED AND APPROVED: Director of Planning ATTACHMENTS: Exhibit A: Amended The Crossings at Huntington Beach Specific Plan 060r&Crossings • require a Zoning Text Amendment and action by the Planning Secfion Two Commission and City Council. IMRFMNTATION The action by the Planning Director shall be final, except that in the Area of the Specific Plan_described 2.0 ADMINISTRATION as Phase 11 (see Map in Appendix D), the Planninst Director's decision shall be final unless appealed to The City's Planning Director shall administer the provisions of the City Council by the applicant or a City COLinC]I the Crossings at Huntington Beach Specific Plan in accordance with the State of California Government Code, member within ten calendar days of written Subdivision Map Act, the Huntington Beach Municipal Code, notification by the Planning Director. and the City's General Plan. The Specific Plan development procedures, regulations, standards and specifications shall supersede the relevant 2.1 DEVELOPMENT CONSTRUCTION PHASING PLAN provisions of the City's Zoning Code (Huntington Beach Zoning and Subdivision Ordinance) as they currently exist or The proposed Specific Plan project is anticipated to occur in may be amended in the future. Any development regulation one (1) phase. The existing Village Retail (Barnes & Noble, and building requirement not addressed in the Specific Plan Staples, and Circuit City) and any remaining Department shall be subject to the City's adopted regulations in place at Stores (such as, Burlington Coat Factory, Montgomery Wards, the time of an individual request. or Mervyns) will receive major exterior renovation, new enhanced paving, and landscaping. The demolition, The Specific Plan may be amended. The Planning Director infrastructure and utility work of the new construction, will shall have the discretion to determine if requests for be scheduled and built such that the remaining center modification to the Specific Plan are minor or major. remains in operation with minimum inconvenience to the a remaining tenants. Construction is anticipated to take 18-24 w Minor modification is a simple amendment to the exhibits months from start of demolition. and /or text, and determination of similar land uses as o described on Exhibit I IA, Permitted Uses Chart 2.2 METHODS AND PROCEDURES which does not change the meaning or intent of the Specific Plan. Minor modifications may be accomplished The methods and procedures for implementation of the administratively by the Director with written notification a Specific Plan shall be on a project by project basis. The r@psr-t to the City Council, Planning Commission, and Ci adoption of the Specific Plan alone will not require infrastructure improvements to the project area. Physical A►drninistrator. Major modifications are amendments to the improvements will only coincide with the commencement of exhibits and/or text which are intended to change the the first project and approval of a Site Plan Review. The meaning or intent of the Development Concept, Design Specific Plan is a regulatory document and is not intended to j Guidelines, or Development Regulations. Major modifications be a Development Agreement. 15 2.3 SITE PLAN REVIEW The Planning Director has the authority to approve, conditionally approve, or deny a Site Plan Review with All new projects within the Crossings at Huntington Beach written_ notification to the City Council and Ci Specific Plan project area shall be implemented through a Site Administrator. A Site Plan Review application may also Plan Review process. A Site Plan Review shall be required for require analysis and comments from various departments of, all new development activity, with the exception of interior the City. In order to approve a Site Plan Review application, improvements, general maintenance and repair or other the Planning Director shall make the following findings: minor construction activities that do not result in an intensification of the use. These exceptions may be subject to The request is consistent with the City's General Plan other Building and Public Works permits and approvals prior and all applicable requirements of the Municipal to commencement. Code; and Application to the City for a Site Plan Review shall include a The requested activity will not be detrimental to the narrative of the proposed activity along with preliminary general welfare of persons working or residing in the development plans and drawings. The narrative shall consist vicinity nor detrimental to the value of the property of a project description identifying the intended services and improvements in the neighborhood;and offered with square feet, hours and days of operation, number of employees, and other information as appropriate. The requested activity will not adversely affect the Supplemental to the application submission, project plans Circulation Plan;and shall be prepared including the following preliminary plans: site plan, floor plans, elevations, landscaping, grading, The requested activity will comply with the provisions fencing and signage plans; other plans may be required of the Crossings at Huntington Beach Specific Plan and depending on the complexity of the project. The entire parcel other applicable regulations or special conditions shall be plotted with dimensions and all pertinent data and required of the project. include dimensions to the nearest intersecting public street and identify all street names. In addition, all existing and The action of the Planning Director shall be final unless o proposed physical features and structures on the subject appealed to f:he Planning Gomm s to the City Council a property and abutting properties shall be plotted. by the applicant submitting a Site Plan Review application, or W The application shall also include a legal description of the for the Area of the.Specific Plan described as Phase Il property, identification of the uses for each room on the floor (see Map in Appendix D), appealed to the City co plans and a list of all the building materials and exterior Council by the applicant or a City Council member, colors. An application fee for this service shall be established within ten calendar days of action of written notification by a separate resolution of the City Council. by the Planning Director. Such Appeals for a Site Plan Review shall be subject to the procedures outlined in the City's Zoning and Subdivision Ordinance. 16 A Site Plan Review approval shall be valid for a period of one In order to approve the Tentative Map the Planning Director year. Additional one year extensions may be requested for a shall make the following findings: maximum of two years. Such an extension request must be made in writing by the original applicant, property owners, • The proposed Tentative Map is consistent with and/or authorized designee, a minimum of thirty days prior the General Plan, Specific Plan, and all other to the expiration of the current approval. If construction applicable provisions of the City's adopted activity does not commence within the approval or extension codes and regulations;and period, the entitlement shall be terminated. All final decisions on site plan review proposals shall be the • The site is physically suitable for the type and density of development proposed; and responsibility of the Planning Director. subject to appeal, as stated above. • The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage 2.4 PARCEL MAPS or substantially and avoidably injure fish or wildlife or their habitat; and The project area may be subdivided through a Parcel Map process. Parcel Maps shall be prepared consistent with the • The design of the subdivision or the type of Mater Plan Concept to facilitate development. These maps improvement will not conflict with easements shall identify the infrastructure and improvements acquired by the public at large, for access necessary to support the anticipated projects, subject to through or use of, property within the review by the City's Public Works and Fire Departments. proposed subdivision unless alternative easements, for access or for use, will be ii Upon recordation, Parcel Maps may be further divided provided. and/or adjusted by filing a subsequent Parcel Map or a Lot Line Adjustment, pursuant to the provisions of the The action by the Planning Director shall be final, Subdivision Map Act. A Tentative and Parcel Map may be except that in the Area. of the Specific Plan described approved, or conditionally approved by the Planning as Phase II (see Map in Appendix D), the Pla�nninst Director and the City Engineer,with written notification Director's decision shall be final unless appealed to to the City Council and City Administrator providing the proposal is found to be in compliance with the Specific the City Council by the applicant or a City Council Plan member within ten calendar days of written notification by the Planning Director. 17 2.5 REUSE/CHANGE OF USE REVIEW the environment, and facilitate innovative quality architectural design with an adaptation to the surrounding Any proposal to reuse and/or change the use of a previously environment. approved and constructed development, within the project area, will be subject to additional review by the Planning Deviations pertain only to the Development Regulations of the Department. The additional review will follow the same Specific Plan and may be granted at the time of Site Plan procedures outlined in the Site Plan Review process. A "like Review for special circumstances and/or unique architectural for like" change of use shall only be subject to the features. requirements for a new certificate of occupancy; however any new construction beyond that shall require a new Site Plan Requests for Deviation may include but are not limited to Review. In addition any proposed physical modifications to building height, setbacks, open space, parking, and the existing structure and/or site shall be subject to additional landscaping. Deviation requests, up to ten (10) percent of any review and approval of the Planning Director prior to the single standard, may be considered by the Planning Director, issuance of building permits. The Planning Director may refer Deviations greater than ten (10) percent must be approved by individual projects to Design Review Board for review and as a Variance application before the Zoning Administrator, final arbiter of compliance with the Specific Plan. Any subject to the procedures outlined in the City's Zoning and decision by the Planning Department may be appealed within Subdivision Ordinance. Development and construction ten calendar days to the Planning Commission. phasing of selected provisions and features may be approved by the Director concurrent with a Site Plan Review and shall 2.6 ENVIRONMENTAL DETERMINATION not require a Request for Deviation or Variance to the Specific Plan. The Zoning and Development Standards of all anticipated development activity for the Crossings at Huntington Beach Deviations shall be allowed when, in the opinion of the O area have been identified in the Specific Plan. Development Planning Director, significantly greater benefits from the a project requests shall be subject to environmental review as project can be provided than would occur if all the minimum . mandated by the California Environmental Quality Act requirements were met. Some additional benefits which may (CEQA). The Planning Director shall impose any applicable make a project eligible for consideration include:greater open N environmental mitigation measures, as specified in the space, greater setbacks, unique or innovative designs, public co environmental analysis, as conditions of approval on open space, and the use of energy conservation or innovative individual Site Plan Reviews. Such conditions of approval technology. The Planning Director may approve the Request shall describe the time period and manner in which the for Deviation in whole or in part upon making the following mitigation measure must be satisfied. findings. 2.7 REQUEST FOR DEVIATION Promotes better design, environmental and land planning techniques and contribute to the economic The Crossings at Huntington Beach Specific Plan viability of the community, through aesthetically Development Regulations are intended to encourage projects pleasing architecture, landscaping and site layout; which create an aesthetically pleasing appearance, enhance and 18 • Will not be detrimental to the general health, welfare, phrases, portions or any future amendments or additions safety and convenience of the neighborhood or City in thereto may be declared invalid or unconstitutional. general, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general;and Is consistent with objectives of the Specific Plan in achieving a project adapted to the area and compatible with the surrounding environment; and • Is consistent with the goals and policies of the City's General Plan, and comply with State and Federal Law. 2.8 SPECIFIC PLAN AMENDMENTS a Specific Plan Amendments, other than a Minor Modification as previously described (Section 2.0), shall be made through the Zoning Text Amendment process; subject to consideration and approval of the Planning Commission and City Council in accordance with the provisions of the Huntington Beach Zoning and Subdivision Ordinance. Such Amendments may include changes to the Development Concept, Design Guidelines policies and the introduction of alternative Development Regulations. 0 2.9 SEVERABILITY a If any section, subsection, sentence, clause, phrase, or portion of this title, or any future amendments or additions hereto, is co for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title, or any future amendments or additions hereto. The City hereby declares that it would have adopted these titles and each sentence, subsection, clause, phrase, or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, 19 i APPENDIX D LEGAL DESCRIPTION of PHASE II: Parcel 1 of Parcel Map No.86-200,as shown on a map therefor recorded in Book 755, Pages 40 through 45,inclusive,of Parcel Maps in the Office of the County Recorder of said County. MAP of PHASE II Area.: CENTER AVE. ppss7' , .'_±�4!+;f'aa' -•;asa.. ar Mr....... _!_y �=� �1� ' Ut --•r _ -�g<p• � �#!�' � sue'-_.'�'., t � wnnrr , EDINGER AVE. APPENDICES (Volume Two) A— Legal Description B — General Plan Consistency C—Sign Standards D—Legal Description and Map of Phase II Area List of Exhibits Exhibit I Vicinity Maps 9 Exhibit 2 Aerial Photograph 10 Exhibit 3A Illustrative Conceptual Master Plan 21 Exhibit 3B Illustrative Conceptual Master Plan 22 Exhibit 4A Pedestrian Plaza/Walkways Plan 26 Exhibit 4B Pedestrian Plaza/Walkways Plan 27 Exhibit 5A Circulation Plan 29 Exhibit 5A Circulation Plan 30 Exhibit 5B Circulation Plan 31 Exhibit 5B Circulation Plan 32 Exhibit 6A Common Area Locations 45 Exhibit 613 Common Area Locations 46 Exhibit 7 Color and Materials of Common Areas 50~51 Exhibit 8 Typical Tenant Storefront 58 Exhibit 9A Landscape Concept Plan 63 Exhibit 9B Landscape Concept Plan 64 Exhibit 10 Plant Materials Palette 67 Exhibit I IA Permitted Uses Chart 75 Exhibit 11 B Temporary and Seasonal Events Chart 76 Exhibit 12. Development Regulations Chart 77 Exhibit 13 Parking Standards and Details 78 Exhibit 14 Development Regulations Check List 80 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 OMCE Business and Professional OTHER PERMITTED RETAIL Car stereo and alarm installation,if integrated into an anchor/major retail building and located within a building Portable carts and kiosks Note:Other similar uses maybe permitted subject to review by the Planning Director;except in Phase II (see Map in Appendix D) of the Specific Plan review shall be pursuant to Section 2.0 of the Specific Plan. *Requires an entertainment permit Permitted Uses Chart Exhibit 11A 75 'I Ord. No. 3728 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 3rd day of April,2006, and was again read to said City Council at a regular meeting thereof held on the 17th day of April,2006, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Green, Coerper, Hardy, Cook NOES: Sullivan, Hansen ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on April 27,2006 In accordance with the City Charter of said City Ci Clerk and ex-officio #erk Joan L. Flynn, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California RESOLUTION NO. 2 0 0 6-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OV/ HUNTINGTON BEACH, CALIFORNIA, ADOPTING LOCAL C ASTAL PROGRAM AMENDMENT NO. 05-01 (ZONING TEXT AMENDMENT NO. 05-03) AND REQUESTING ITS CERTIFICATION BY THE CALIFORN'IA COASTAL COMMISSION WHEREAS, after notice duly given pursuant to Government Code Section 65090 and Public Resources Code Sections 30503 and 30510, the Planning Cmmission 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 rescrib"ed b law, held at least one public g g P �, Y hearing on the proposed Huntington Beach Local Coastal Program Amendment No. 05-01, and the City Council finds that the proposed amendmentlis 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 Cityof Huntington Beach does hereby on t� Y 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 Califom,is Coastal Commission is hereby requested uested to consider, approve, � Pp , 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 Commiss e approval, as provided in Public Resources Code Sections 30512, 30513, and 30519. NO A('P;& I ION aw 's R a I AKEMM 05reso/bay club 1 PASSED AND ADOPTED by the CityCouncil of the City of Huntington Beach at a Y g �! regular meeting thereof held on the day of ,, 200 Mayof REVIEWED AND APPROVED: APPROVED A,S TO FORM: o , City Administrator City Attorney ITIA D AND APPROVED: Z .01 NJ Director of Planning ATTACHMENTS: Exhibit A: Ordinance No. Zoning Text Amendment No. 05-03) saw a J"N ja 1"%KL. rN ,f 05reso/bay club 2 ATTACHMENT 6 EXHIBIT A Huntington Harbour Bay Club Specific Plan (Specific Plan 4) M i ..A'a y- � r o _ 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 Implementation 3.0 ADMINISTRATION 3.2 DEVELOPMENT PHASING The City's Planning Director shall administer the provisions of the The Huntington Harbour Bay Club Specific Plan is designed for a Huntington Harbour Bay Club Specific Plan in accordance with certain degree of flexibility and recognizes that development the State of California Government Code, Subdivision Map Act, projects have been constructed over a period of years. New the Huntington Beach Municipal Code, the Huntington Beach development starts and occupancy will be dictated by market Zoning and Subdivision Ordinance (HBZSO), and the City's forces and phased accordingly. Since the proposed re-use of the General Plan and Local Coastal Program. Bay Club facilities will be the final phase of improvements for the Specific Plan area, a separate development Phasing Plan has not The Specific Plan development procedures,regulations, standards been prepared. and specifications shall supersede the relevant provisions of the City's Zoning Code (Huntington Beach Zoning and Subdivision Ordinance), as they currently exist or may be amended in the future. Any development regulation and building requirement not 3.3 APPLICATION PROCEDURE addressed in the Specific Plan shall be subject to the City's adopted regulations in effect at the time of an individual request. The Specific Plan requires that all requests for development be accompanied by an application for a Conditional Use Permit to the Planning Commission along with review by the city's Design Review Board. Residential developments of 20 units or less shall 3.1 METHODS AND PROCEDURES require a Conditional Use Permit from the Zoning Administrator. A Coastal Development Permit may also be required pursuant to The methods and procedures for implementation of the Specific Chapter 245 of the HBZSO. Any request for subdivision or re- Plan shall be on a project-by-project basis. The adoption of the subdivision of a parcel shall also be accompanied by an Specific Plan alone will not require any improvements to the application for a Tentative Map. project area. Physical improvements will only coincide with the approval of new development projects. The Specific Plan is a regulatory document and is not intended to be a Development Agreement. HUNT:IN(JON HA:VIRCUP BAY CLUB 12 Implementation Subdivision Maps Development Agreement The project area Tract Map may be further subdivided. Proposed If a Development Agreement is proposed, a Preliminary maps shall be prepared consistent with the Master Plan Concept Agreement shall be filed concurrently with the applications for a (Exhibit 4.2—Page 18) to create developable sites. These maps Conditional Use Permit and Tentative Map. Said Development shall be submitted along with current geological information on Agreement shall establish phases for development and coordinate the site and identify any infrastructure and improvements major development activities. necessary to support the anticipated projects, subject to review by the City. A public hearing for the Development Agreement shall be held concurrently with the public hearing for the Conditional Use Upon recordation, parcels may be further divided and/or adjusted Permit and Tentative Map. by filing a subsequent Map or a Lot Line Adjustment,pursuant to the provisions of the Subdivision Map Act. A parcel may be created with or without a specific project plan. A subdivision may 3.4 ENVIRONMENTAL DETERMINATION be approved, or conditionally approved providing the proposal is found to be in compliance with the Specific Plan. The extent and intensity of all anticipated development activity for the Huntington Harbour Bay Club area has been identified in the Specific Plan and analyzed in an Environmental Assessment Project Entitlement accompanying this Specific Plan. Any proposed development within the Specific Plan area shall be Development project requests consistent with the Specific Plan subject to the approval of a Conditional Use Permit, Coastal shall not be subject to additional environmental review unless Development Permit, and Design Review as provided in the otherwise required by CEQA. However, the Planning Director Huntington Beach Zoning and Subdivision Ordinance. may request an additional environmental assessment for unique or unusual circumstances that have not been previously addressed in At the time of project entitlement, a determination from the State the initial environmental review. Lands Commission shall be submitted stating that no State lands and/or lands subject to the public trust are involved in the The City shall impose any applicable environmental mitigation project, or that any such lands have received all necessary measures, as specified in the environmental review as conditions authorizations required by the State Lands Commission. of approval on individual projects. Such conditions of approval shall describe the time period and manner in which the mitigation measure must be satisfied. HUNT:INGTON HAPIROUP BAY CLUE 13 Implementation 3.5 REQUEST FOR DEVIATION Not be detrimental to the general health, welfare, safety The Huntington Harbour Bay Club Specific Plan Development and convenience of the neighborhood or City in general, Regulations and Design Guidelines are intended to encourage nor detrimental or injurious to the value of property or projects, which create an aesthetically pleasing appearance, improvements of the neighborhood or of the City in enhance the environment, and facilitate innovative quality general; and architectural design and an adaptation to the surrounding environment. • Be consistent with objectives of the Specific Plan in achieving a project adapted to the area and compatible with Deviations pertain only to the Development Regulations of the the surrounding environment; and Specific Plan and may be granted for special circumstances and/or unique architectural features. Requests for Deviation may include • Be consistent with goals and policies of the City's General but are not limited to parcel size, building height, site coverage, Plan, and comply with State and Federal Law. setbacks, open space, parking, and landscaping. The Planning Director may consider deviation requests up to ten (10)percent of any single standard. Projects subject to entitlement review may not request for deviation. Deviations greater than ten(10)percent 3.6 HOMEOWNERS' ASSOCIATION or deviations for projects subject to entitlement review must be approved by a Variance, subject to the procedures outlined in the Approval of all development projects shall be subject to City's Zoning and Subdivision Ordinance. submission of a legal instrument or instructions setting forth a plan or manner of permanent care and maintenance of common open Deviations may be allowed when, in the opinion of the Planning spaces, recreational areas, and community facilities. No such Director, significantly greater benefits from the project can be instrument shall be acceptable until approved by the City Attorney provided than would occur if all the minimum requirements were as to legal form and effect, and by the Planning Director as to met. These benefits may include: additional open space, greater suitability for the proposed use of all common areas. If the setbacks, and unique/innovative designs. common open spaces are to be conveyed to a Homeowners' Association, the developer shall file a Declaration of Covenants to The Planning Director may approve the Request for Deviation in be submitted with the application for approval, that will govern the whole or in part upon making the following findings: association. • Promote better design, environmental and land planning . The Homeowners' Association shall be established prior to techniques and contribute to the economic viability of the the sale of the last dwelling unit. community, through aesthetically pleasing architecture, landscaping and site layout; and HUNT:IN!GTON 001300:P BAY CLUB 14 Implementation • Membership shall be mandatory for each buyer and any or a City Council member within ten calendar days of successive buyer. written notification by the Planning Director. • The open space restrictions shall be permanent. • Phased development which requires one or more final maps, may need to establish reciprocal covenants, 3.8 SEVERABILITY conditions, restrictions, management and maintenance agreements, and may require a merging of increments as If any section, subsection, sentence, clause, phrase, or portion of they are completed, and embody one Homeowners' this title, or any future amendments or additions hereto, is for any Association with common areas for the total development. reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title, or any future 3.7 SPECIFIC PLAN AMENDMENTS 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 The Specific Plan can be amended. The Planning Director shall thereto, irrespective of the fact that any one or more sections, have the discretion to determine if requests for modification to the subsections, clauses, phrases, portions or any future amendments Specific Plan are minor or major. Minor modifications may be or additions thereto may be declared invalid or unconstitutional. 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. The action of the Planning Director shall be final unless appealed to the City Council by the applicant HUNT:IN6TON HAPPOUP BAY CLUB 15 ATTACHMENT 7 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) 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 I I (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 I I (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 t day of February , 2006. Mayor ATTEST: �PPROVED AS TO FORM: City Clerk 1.� � City orney (� REVIEWED AND APPROVED: 7ADirk&toVofP&ninj OVED: City Administrator ATTACHMENTS: Exhibit A: Amended McDonnell Centre Business Park Specific Plan 06ord/mcdonnell centre-06 EXHIBIT A i 75 Ile �ww�rnn i.E k� a 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 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 and 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 �✓ �' 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, 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 • The design of the subdivision or the proposed consistent with the intent of the Master Plan Concept. 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 acquired by the public at large, for access through improvements necessary to support the anticipated 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 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 narrative shall consist of a project description identifying general welfare of persons working or residing in the 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 and improvements in the neighborhood; and information as appropriate. Supplemental to the 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 plans, elevations, landscaping, grading, fencing and 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 Site Plan Review Process Project Concept p oject Review w/City Application ncept Planning Staff Determination Parcel Map New Binding Certificate of Business Request C onstruction won Reuse Request Permit Occupancy Uoense Boeing Company Request for Review Site Plan Review Deviation Application� Submltta (Processed Concurrently) Assign Project Create Project Review for p�, Fee Planner File Completeness Hearing and Development Determination Environments Review by the COI�t>Ih`lona Determination Committee(All Director of A rovals city De °•� Planning Pp r..l.l1.L • A�..l��J •AMAA� 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.Q.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 an 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 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 relzular 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 y Clerk and ex-officittlerk Joan L. Flynn,City Clerk of the City Council of the City iym�o 0� Deputy City Clerk of Huntington Beach, California ORDINANCE NO. 3727 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AME/DINGCIFIC PLAN 11 (MCDONNELL CENTRE BUSINESS PARK SPECIFIC PLAN) BY ADDING CITY COUNCIL NOTIFICATION AND APPEAL 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 Toning 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 and appeal 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 andlecommendations 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 Couu cil of the City of Huntington Beach does hereby ordain as follows: 1 i SECTION 1. That Specific Plan 11 (McDonnell Centre Business Park Specific Plan) s hereby amended as noted in Exhibit A, amended McDonnell Centre Business Park Specific Plan, incorporated by reference and attached hereto.` SECTION 2. This ord-i'nance 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 12006. CT#Ohv Mayor KEN yzl� ATTEST: APPROVED AS TO FORM: City Clerk �I (, City Attorney REVIEWED AND APPROVED: 1NI TED AND APPROVED: City Administrator r Dir ctor of Planning ® ®� a 7, d-'A6 ATTACHMENTS: Exhibit A: Amended McDonnell Centre Business Park Specific Plan 05ord/mcdonnell centre ATTACHMENT 8 EXHIBIT A McDonnell Centre Business Park Specific Plan (Specific Plan 11) * g McDONNELL CENTRE BUSINESS PARK City of Huntington Beach SPECIFIC PLAN NO. 11 (Volume One of Two) 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 Adams, Streeter Civil Engineers, Inc. WPA Traffic Engineering, Inc. Adopted October 6, 1997 Ordinance No. 3372 Amendment No. 1 February 6, 2002 Amendment No. 2 December 13, 2005 IMPLEMENTATION Changes to the infrastructure (i.e., storm drain, 3.0 ADMINISTRATION water and sewer systems), as recommended by the The City's Director of Planning shall administer the City's Director of Public Works. provisions of the McDonnell Centre Business Park . The adjustment, addition and/or lot consolidation as Specific Plan in accordance with the State of California addressed in this section of the Specific Plan. Government Code, Subdivision Map Act, the Huntington Beach Municipal Code, and the City's General Plan. . Modifications to the alignment of the Planning Area boundaries to coincide with specific development The Specific Plan development procedures, regulations, plans, as recommended by the City's Director of standards and specifications shall supersede the relevant Planning. provisions of the City's Zoning Code (Huntington Beach Zoning and Subdivision Ordinance), as they currently All modifications must be reviewed for compliance with exist or may be amended in the future. Any development the goals and policies of the City's General Plan, intent regulation and building requirement not addressed in the of the McDonnell Business Park Specific Plan and Specific Plan shall be subject to the City's adopted consistency with the Environmental Impact Report. regulations in place at the time of an individual request. The action of the Director of Planning shall The Director of Planning shall have the discretion to be final unless appealed to the City Council determine if requests for modification to the Specific Plan by the applicant or a City Council member are minor or major. Minor modifications or amendments may be accomplished administratively by the Director, within ten calendar days Of written with written notification to the City Council notification by the Planning Director. and City Administrator. Major amendments will require the processing of a Zoning Text Amendment, 3.1 DEVELOPMENT PHASING PLAN subject to the City's processing regulations in place at the The McDonnell Business Park Specific Plan area is time of the request. Minor modifications to the Specific designed for maximum flexibility and anticipates that Plan include, but are not limited to: individual development projects will be constructed over The addition of information to the exhibits or text a period of years; with no specific target date for which serve to clarify, but do not change the completion. Development starts and occupancy will be meaning or intent. dictated by market forces and phased accordingly. A development Phasing Plan (Section 4.5) has been prepared identifying a program of the relative timing of development within each of the Planning Areas. The Phasing Plan also provides a guideline for the McDonnell Centre Business Park Specific Plan 13 OIL- construction of community infrastructure and public without a specific project plan. A Parcel Map may be improvements to adequately service new projects within approved, or conditionally approved by the Director of the Specific Plan area. Planning and City Engineer, with written notification to the City Council, providing the 3.2 METHODS AND PROCEDURES proposal is found to be in compliance with the Specific The methods and procedures for implementation of the Plan. Specific Plan shall be on a project by project basis. The adoption of the Specific Plan alone will not require In order to approve a Parcel Map the Director of infrastructure improvements to the project area. Physical Planning shall make the following findings: improvements will only coincide with the recordation of a Parcel Map and/or approval of an individual development • The Parcel Map is consistent with the General Plan project. The Specific Plan is a regulatory document and Land Use Element designation of Industrial (F.A.R. is not intended to be a Development Agreement. 0.75), the Specific Plan, and all other applicable provisions of the City's adopted codes and 3.3 MASTER PLAN regulations; and A Master Plan Concept for the project area identifying • The site is physically suitable for the type and primary and alternative land uses, circulation system, density of development proposed; and infrastructure layout, public facilities and landscape , The design of the subdivision or the proposed scheme has been prepared (Section Four) in conjunction improvements will not cause serious health with the Specific Plan. All proposed projects shall be consistent with the intent of the Master Plan Concept. problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or 3.4 PARCEL MAPS their habitat; and The project area will be subdivided through a series of • The design of the subdivision or the type of Parcel Maps. Parcel Maps shall be prepared consistent improvements will not conflict with easements, with the Master Plan Concept to create developable acquired by the public at large, for access through sites. These maps shall identity the infrastructure and the use of property within the proposed subdivision improvements necessary to support the anticipated unless alternative easements, for access or for use, projects, subject to review by the City's Public Works and will be provided. Fire Departments. The action of the Director of Planning and Upon recordation, Parcel Maps may be further divided City Engineer shall be final unless appealed and/or adjusted by filing a subsequent Parcel Map or a to the City Council by the applicant or by a Lot Line Adjustment, pursuant to the provisions of the City Council member within ten calendar Subdivision Map Act. A parcel may be created with or days of written notification. Such appeals McDonnell Centre Business Park Specific Plan 14 ,CIL- for Parcel Maps shall be Subject to the street and identify all street names. In addition, all procedures outlined in the City's Zoning and existing and proposed physical features and structures Subdivision Ordinance. on the subject property and abutting properties shall be plotted. 3.5 SITE PLAN REVIEW The application shall also include a legal description of Individual development projects within the McDonnell the property, identification of the uses for each room on Centre Business Park Specific Plan project area shall be the floor plans and a list of all the building materials, implemented through a Site Plan Review process. A Site and exterior colors. An application fee for this service Plan Review shall be required for all new development shall be established by a separate resolution of the City activity, with the exception of interior improvements, Council. general maintenance and repair or other minor construction activities that do not result in an The Director of Planning has the authority to approve, intensification of the use. These exceptions may be conditionally approve, or deny a Site Plan Review, subject to other Building and Public Works permits and with written notification to the City Council approvals prior to commencement. and City Administrator. A Site Plan Review application may also require analysis and comments A Site Plan Review request shall be submitted to the City from various departments of the City. In order to on a standard City application form. Prior to the submittal approve a Site Plan Review application, the Director of to the City; Boeing Company or their successors in Planning shall make the following findings: interest may review all plans for acceptability of design, . The request is consistent with the City's General compliance with the CC&R's and Specific Plan intent. Plan and all applicable requirements of the Application to the City for a Site Plan Review shall Municipal Code; and include a narrative of the proposed activity along with . The requested activity will not be detrimental to the preliminary development plans and drawings. The general welfare of persons working or residing in the narrative shall consist of a project description identifying vicinity nor detrimental to the value of the property the intended services offered with square feet, hours and and improvements in the neighborhood; and days of operation, number of employees, and other information as appropriate. Supplemental to the . The requested activity will not adversely affect the application submission, project plans shall be prepared Circulation Plan (Exhibit 9); and including the following preliminary plans: site plan, floor ,plans, elevations, landscaping, grading, fencing and . The requested activity will comply with the signage plans; other plans may be required depending provisions of the McDonnell Centre Business Park on the complexity of the project. The entire parcel shall be plotted with dimensions and all pertinent data and include dimensions to the nearest intersecting public McDonnell Centre Business Park Specific Plan 15 �-- Site Plan Review Process Project Concept Application Project Review w/City pe �ination Concept Planning Staff Parcel Map New Building Certificate of Business Construction Reuse Request Request Request Permit Occupancy License Boeing Company) Request for Site Plan Review Deviation Review Application Submitta (Processed Concurrently) Assign Project LCreateect J m Liew for pay FeePlanner leteness Hearing and ir-clity evelopment Determination Environmental Review by the Condidona Determination ommittee(All Director of Dept5') Planning Approvals Exhibit 4- Revised 12/2001 McDonnell Centre Business Park Specific Plan 16 Specific Plan and other applicable regulations 'or anticipated number of employees. In addition any special conditions required of the project. proposed physical modifications to the existing structure and/or site shall be subject to additional The action of the Director of Planning shall be final review and approval of the Director prior to the unless appealed to the City Council to the Zeni^^ issuance of building permits. "dst by the applicant or by a City Council member within ten calendar days of written notification. 3.7 ENVIRONMENTAL DETERMINATION Such Appeals for a Site Plan Review shall be subject to The extent and intensity of all anticipated development the procedures outlined in the City's Zoning and activity for the McDonnell Centre Business Park area Subdivision Ordinance. has been identified in the Specific Plan and analyzed in A Site Plan Review approval shall be valid for a period of Environmental Impact Report 96-1. An Addendum to one year. Additional one year extensions may be EIR 96-1 addresses the Specific Plan Amendment No.1 requested fora maximum of two years. Such an modifications. extension request must be made in writing by the original applicant, property owners, and/or authorized designee, Development project requests consistent with the a minimum of thirty days prior to the expiration of the Specific Plan shall not be subject to additional current approval. If construction activity does not environmental review unless otherwise required by commence within the approval or extension period, the C.E.Q.A. However, the Director of Planning may entitlement shall be terminated. All final decisions on site request an additional environmental assessment for plan review proposals shall be the responsibility of the unique or unusual circumstances, that have not been Director of Planning. 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. 3.8 REQUEST FOR DEVIATION office to office or light manufacturing to light manufacturing) may only be subject to the requirements The McDonnell Centre Business Park Specific Plan for a new certificate of occupancy; however any Development Regulations (Section Six) are intended to intensification of use shall require a new Site Plan encourage projects which create an aesthetically Review. The primary concern will be to review the pleasing appearance, enhance the environment, and project request with the E.I.R. "Trip Generation Budget" facilitate innovative quality architectural design with an and analyze the on-site ratio of available parking with the adaptation to the surrounding environment. McDonnell Centre Business Park Specific Plan 17 ���— Not be detrimental to the general health, welfare, Deviations from the Development Regulations of the safety and convenience of the neighborhood or City Specific Plan may be granted at the time of Site Plan in general, nor detrimental or injurious to the value Review for special circumstances and/or unique of property or improvements of the neighborhood or architectural features. Requests for Deviation may of the City in general; and include but are not limited to parcel size, building height, site coverage, setbacks, open space, parking, and . Be consistent with objectives of the Specific Plan in landscaping. Deviation requests, up to twenty (20) achieving a project adapted to the area and percent of any single standard, may be considered by the compatible with the surrounding environment; and Director of Planning. Deviations greater than twenty (20) percent must be approved by a Variance application • Be consistent with the goals and policies of the before the Zoning Administrator, subject to the ederal Law. General Plan, and comply with State and F procedures outlined in the City's Zoning and Subdivision Federal Ordinance. Development and construction phasing of 3.9 SPECIFIC PLAN AMENDMENTS selected provisions and features may be approved by the Director concurrent with a Site Plan Review and shall not Specific Plan Amendments, other than a Minor require a Request for Deviation or Variance to the Modification as previously described (Section.3.0), shall Specific Plan. be made through the Zoning Text Amendment process; subject to consideration and approval of the Planning Deviations shall be allowed when, in the opinion of the Commission and City Council in accordance with the � Director of Planning, significantly greater benefits from provisions of the Huntington Beach Zoning and the project can be provided than would occur if all the Subdivision Ordinance. Such Amendments may minimum requirements were met. Some additional include changes to the Master Plan Concept, Design benefits which may make a project eligible for Guidelines policies and the introduction of alternative consideration include: greater open space, greater Development Regulations. setbacks, unique or innovative designs, public open space, and the use of energy conservation or innovative 3.10 SEVERABILITY technology. The Director of Planning may approve the Request for Deviation in whole or in part upon making the If any section, subsection, sentence, clause, phrase, or following findings: portion of this title, or any future amendments or additions hereto, is for any reason held to be invalid or Promote better design, environmental and land unconstitutional by the decision of any court of planning techniques and contribute to the economic competent jurisdiction, such decision shall not affect the viability of the community, through aesthetically validity of the remaining portions of this title, or any pleasing architecture, landscaping and site layout; future amendments or additions hereto. The City and hereby declares that it would have adopted these titles and each sentence, subsection, clause, phrase, or McDonnell Centre Business Park Specific Plan 18 portion or any future amendments or additions thereto, irrespective of the fact that anyone or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto may be declared invalid or unconstitutional. McDonnell Centre Business Park Specific Plan 19 �-- i a ORDINANCE NO. -172g AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SPECIFIC PLAN 13 (THE CROSSINGS AT HUNTINGTON BEACH SPECIFIC PLAN) BY ADDING CITY COUNCIL NOTIFICATION AND APPEAL LANGUAGE TO SECTIONS 2.0—ADMIJSTRATION, 2.3 — SITE PLAN REVIEW AND 2.4 PARCEL MAPS (ZONING TEXT AMENDMENT NO. 05-03) WHEREAS ur u n p s a t to California State Planning and Zomng Law, the Huntington Beach Planning Commission and Huntington Beach City Council have hey eparate, duly noticed public hearings to consider Zoning Text Amendment No. 05-03, which amends Specific Plan 13 (The Crossings at Huntington Beach Specific Plan) by adding City Council notification and appeal language to Sections 2.0—Administration, 2.3 — Site Plan Review and 2.4—Parcel Maps; and After due consideration of the findings and recommendations of the Planning Commission and g g t 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 'the City of Huntington Beach does hereby ordain as follows: Section 1. That Specific Plan 13 The Crossings at Huntington Beach Specific Plan) is hereby amended as noted in Exhibit A, amended Specific Plan 13, incorporated by reference and attached hereto. Section 2. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED�`by the City Council of the City of Huntington Beach at a regular meeting thereof held on the dayof 200 g Mayor REVIEW D PP OVED: APPROVED AS TO FORM: I0s City Administr .r City Attorney 1 j W05 NAL; INITIATED ND APPROVED: 1AKENector o Pl ning ATTACHMENTS: Exhibit A: Amended The Crossings at Huntington Beach Specific Plan 060RD/crossings LATTACHMENT 10 EXHIBIT A The Crossings at Huntington Beach Specific Plan (Specific Plan 13) I` t 4 { 4 r r_�•t�. As 'r7' iv�il At-, • a �z i r i t TM { y� 4 w � • 111 The Crossings at Huntington Beach City of Huntington Beach SPECIFIC PLAN NO. 13 Prepared by City of Huntington Beach Planning Department Huntington Associates LLC. with Greenberg Farrow Architects EDAW Richard Sawyer Adopted July 5, 2000—Resolution No. 2000-68 Reconsidered and Modified August 7, 2000—Resolution No. 2000-80 Modified December 13, 2005 —Resolution No. 2005-xx The Crossings at Huntington Beach Specific Plan 2 August 7, 2000 Section Two IMPLEMENTATION intended to change the meaning or intent of the Development Concept, Design Guidelines, or Development Regulations. Major modifications require 2.0 ADMINISTRATION a Zoning Text Amendment and action by the Planning Commission and City Council. The City's Planning Director shall administer the provisions of the Crossings at Huntington Beach The action of the Planning Director shall be Specific Plan in accordance with the State of California final unless appealed to the City Council by the Government Code, Subdivision Map Act, the applicant or a City Council member within ten Huntington Beach Municipal Code, and the City's General Plan. calendar days of written notification by the Planning Director. The Specific Plan development procedures, regulations, standards and specifications shall 2.1 DEVELOPMENT CONSTRUCTION PHASING supersede the relevant provisions of the City's Zoning PLAN Code (Huntington Beach Zoning and Subdivision Ordinance) as they currently exist or may be amended The proposed Specific Plan project is anticipated to in the future. Any development regulation and occur in one (1) phase. The existing Village Retail building requirement not addressed in the Specific (Barnes & Noble, Staples, and Circuit City) and any Plan shall be subject to the City's adopted regulations remaining Department Stores (such as, Burlington in place at the time of an individual request. Coat Factory, Montgomery Wards, or Mervyns) will receive major exterior renovation, new enhanced The Specific Plan may be amended. The Planning paving, and landscaping. The demolition, Director shall have the discretion to determine if infrastructure and utility work of the new requests for modification to the Specific Plan are construction, will be scheduled and built such that the minor or major. remaining center remains in operation with minimum inconvenience to the remaining tenants. Construction Minor modification is a simple amendment to the is anticipated to take 18-24 months from start of exhibits and /or text which does not change the demolition. meaning or intent of the Specific Plan. Minor modifications may be accomplished administratively 2.2 METHODS AND PROCEDURES by the Director with written notification a P@peft to the City Council, Planning Commission and Ci The methods and procedures for implementation of Administrator. Major modifications are the Specific Plan shall be on a project by project basis. amendments to the exhibits and/or text which are The adoption of the Specific Plan alone will not The Crossings at Huntington Beach Specific Plan 15 August 7, 2000 require infrastructure improvements to the project subject property and abutting properties shall be area. Physical improvements will only coincide with plotted. the commencement of the first project and approval of a Site Plan Review. The Specific Plan is a regulatory The application shall also include a legal description of document and is not intended to be a Development the property, identification of the uses for each room Agreement. on the floor plans and a list of all the building materials and exterior colors. An application fee for 2.3 SITE PLAN REVIEW this service shall be established by a separate resolution of the City Council. All new projects within the Crossings at Huntington Beach Specific Plan project area shall be implemented The Planning Director has the authority to approve, through a Site Plan Review process. A Site Plan Review conditionally approve, or deny a Site Plan Review shall be required for all new development activity, with written notification to the City Council with the exception of interior improvements, general and City Administrator. A Site Plan Review maintenance and repair or other minor construction application may also require analysis and comments activities that do not result in an intensification of the from various departments of the City. In order to use. These exceptions may be subject to other Building approve a Site Plan Review application, the Planning and Public Works permits and approvals prior to Director shall make the following findings: commencement. • The request is consistent with the City's Application to the City for a Site Plan Review shall General Plan and all applicable requirements include a narrative of the proposed activity along with of the Municipal Code; and preliminary development plans and drawings. The narrative shall consist of a project description The requested activity will not be detrimental identifying the intended services offered with square to the general welfare of persons working or feet, hours and days of operation, number of residing in the vicinity nor detrimental to the employees, and other information as appropriate. value of the property and improvements in the Supplemental to the application submission, project neighborhood;and plans shall be prepared including the following preliminary plans: site plan, floor plans, elevations, The requested activity will not adversely affect landscaping,grading, fencing and signage plans; other the Circulation Plan; and plans may be required depending on the complexity of the project. The entire parcel shall be plotted with The requested activity will comply with the dimensions and all pertinent data and include provisions of the Crossings at Huntington dimensions to the nearest intersecting public street Beach Specific Plan and other applicable and identify all street names. In addition, all existing regulations or special conditions required of and proposed physical features and structures on the the project. The Crossings at Huntington Beach Specific Plan 16 August 7, 2000 Upon recordation, Parcel Maps may be further The action of the Planning Director shall be final divided and/or adjusted by filing a subsequent unless appealed to-w-Mai4ning- CeR4missieiq by the Parcel Map or a Lot Line Adjustment, pursuant to the applicant submitting a Site Plan Review application to provisions of the Subdivision Map Act. A Tentative the City Council or appealed to the City and Parcel Map may be approved, or conditionally Council by a City Council member within ten approved by the Planning Director and the City calendar days of written notice by the Planning Engineer, with written notification to the City Director. Such Appeals for a Site Plan Review Council and City Administrator providing the shall be subject to the procedures outlined in the City's proposal is found to be in compliance with the Zoning and Subdivision Ordinance. Specific Plan. In order to approve the Tentative Map the Planning A Site Plan Review approval shall be valid for a period Director shall make the following findings: of one year. Additional one year extensions may be requested for a maximum of two years. Such an • The proposed Tentative Map is extension request must be made in writing by the consistent with the General Plan, original applicant, property owners, and/or Specific Plan, and all other applicable authorized designee,a minimum of thirty days prior to provisions of the City's adopted codes the expiration of the current approval. If construction and regulations; and activity does not commence within the approval or extension period, the entitlement shall be terminated. . The site is physically suitable for the All final decisions on site plan review proposals shall type and density of developmentproposed;and be the responsibility of the Planning Director S,, ubject to appeal, as stated above. • The design of the subdivision or the proposed improvements will not cause 2.4 PARCEL MAPS serious health problems or substantial environmental damage or substantially The project area may be subdivided through a Parcel and avoidably injure fish or wildlife or Map process. Parcel Maps shall be prepared their habitat;and consistent with the Mater Plan Concept to facilitate . The design of the subdivision or the development. These maps shall identify the infrastructure and improvements necessary to type of improvement will not conflict support the anticipated projects, subject to review by with easements acquired by the public the City's Public Works and Fire Departments. at large, for access through or use of, property within the proposed subdivision unless alternative The Crossings at Huntington Beach Specific Plan 17 August 7, 2000 easements, for access or for use, will be Specific Plan. Development project requests shall be provided. subject to environmental review as mandated by the California Environmental Quality Act (CEQA). The The action of the Planning Director shall be Planning Director shall impose any applicable final unless appealed to the City Council by environmental mitigation measures, as specified in the environmental analysis, as conditions of approval on the applicant or a City Council member individual Site Plan Reviews. Such conditions of within ten calendar days of written approval shall describe the time period and manner in notification by the Planning Director which the mitigation measure must be satisfied. 2.5 REUSE/CHANGE OF USE REVIEW 2.7 REQUEST FOR DEVIATION Any proposal to reuse and/or change the use of a The Crossings at Huntington Beach Specific Plan previously approved and constructed development, Development Regulations are intended to encourage within the project area, will be subject to additional projects which create an aesthetically pleasing review by the Planning Department. The additional appearance, enhance the environment, and facilitate review will follow the same procedures outlined in the innovative quality architectural design with an Site Plan Review process. A "like for like" change of adaptation to the surrounding environment. use shall only be subject to the requirements for a new certificate of occupancy; however any new Deviations pertain only to the Development construction beyond that shall require a new Site Plan Regulations of the Specific Plan and may be granted at Review. In addition any proposed physical the time of Site Plan Review for special circumstances modifications to the existing structure and/or site and/or unique architectural features. shall be subject to additional review and approval of the Planning Director prior to the issuance of building Requests for Deviation may include but are not limited permits. The Planning Director may refer individual to building height, setbacks, open space, parking, and projects to Design Review Board for review and as landscaping. Deviation requests, up to ten (10) final arbiter of compliance with the Specific Plan. Any percent of any single standard, may be considered by decision by the Planning Department may be appealed the Planning Director. Deviations greater than ten within ten calendar days to the Planning Commission. (10) percent must be approved by a Variance application before the Zoning Administrator, subject 2.6 ENVIRONMENTAL DETERMINATION to the procedures outlined in the City's Zoning and Subdivision Ordinance. Development and construction The Zoning and Development Standards of all phasing of selected provisions and features may be anticipated development activity for the Crossings at approved by the Director concurrent with a Site Plan Huntington Beach area have been identified in the The Crossings at Huntington Beach Specific Plan 18 August 7, 2000 Review and shall not require a Request for Deviation 2.8 SPECIFIC PLAN AMENDMENTS or Variance to the Specific Plan. Specific Plan Amendments, other than a Minor Deviations shall be allowed when, in the opinion of Modification as previously described (Section 2.0), the Planning Director, significantly greater benefits shall be made through the Zoning Text Amendment from the project can be provided than would occur if process; subject to consideration and approval of the all the minimum requirements were met. Some Planning Commission and City Council in accordance additional benefits which may make a project eligible with the provisions of the Huntington Beach Zoning for consideration include: greater open space, greater and Subdivision Ordinance. Such Amendments may setbacks, unique or innovative designs, public open include changes to the Development Concept, Design space, and the use of energy conservation or Guidelines policies and the introduction of alternative innovative technology. The Planning Director may Development Regulations. approve the Request for Deviation in whole or in part upon making the following findings. 2.9 SEVERABILITY • Promotes better design, environmental and land If any section, subsection, sentence, clause, phrase, or planning techniques and contribute to the portion of this title, or any future amendments or economic viability of the community, through additions hereto, is for any reason held to be invalid or aesthetically pleasing architecture, landscaping unconstitutional by the decision of any court of and site layout; and competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title, or • Will not be detrimental to the general health, any future amendments or additions hereto. The City welfare, safety and convenience of the hereby declares that it would have adopted these titles neighborhood or City in general, nor detrimental and each sentence, subsection, clause, phrase, or or injurious to the value of property or portion or any future amendments or additions improvements of the neighborhood or of the City thereto, irrespective of the fact that any one or more in general; and sections, subsections, clauses, phrases, portions or any future amendments or additions thereto may be • Is consistent with objectives of the Specific Plan declared invalid or unconstitutional. in achieving a project adapted to the area and compatible with the surrounding environment; and • Is consistent with the goals and policies of the City's General Plan, and comply with State and Federal Law. The Crossings at Huntington Beach Specific Plan 19 August 7, 2000 ATTACHMENT I I JJ City of Huntington Beach Planning Department STAFF REPORT HUNTINGTON BEACH ' TO: Planning Commission FROM: Howard Zelefsky, Director of Plann' g BY: Jason Kelley, Assistant Planner'! DATE: December 13, 2005 SUBJECT: ZONING TEXT AMENDMENT NO. 05-03/LOCAL COASTAL PROGRAM AMENDMENT NO. 05-01 (Specific Plan Amendments) APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: Specific Plan Project Areas STATEMENT OF ISSUE: Zoning Text Amendment No. 05-03 request: — Amend Specific Plans No. 4 (Huntington Harbour Bay Club),No. 11 (McDonnell Centre Business Park) and No. 13 (The Crossings) to change the minor amendment modification process in these Specific Plans by adding language 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. — Amend Specific Plans No.11 (McDonnell Centre Business Park) and No. 13 (The Crossings) to include notification of the Director's decision to the City Council and City Administrator for new development projects and to allow the applicant or a City Council member to appeal the Director's decision to the City Council. Staff s Recommendation: Per City Council direction, approve Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-01 and forward to the City Council for adoption. RECOMMENDATION: Motion to: "Per City Council direction, approve Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-01 with findings for approval (Attachment Nos. 1 and 2) and forward Draft Ordinances and Resolutions (Attachment Nos. 3, 4, 6 & 8), including the legislative drafts to the City Council for adoption." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-01 with findings for denial." B. "Continue Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-1 and direct staff accordingly." PROJECT PROPOSAL: Zoning Text Amendment No. 05-03 represents a request by the City Council to amend various Specific Plans to include and modify appeal language and written notification to the City Council for all Director of Planning decisions (See Attachment 10). 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 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 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 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 in order to be more involved in the implementation of the Specific Plans and to have more control over the review of development projects within the Specific Plans. On November 8, 2005,the Planning Commission held a study session to review the proposed zoning text amendment and local coastal program amendment. PC Staff Report - 12/13/05 2 (05sr33 ZTA 05-03) ISSUES: General Plan Conformance: The proposed Zoning Text Amendment is consistent with the goals,policies and implementation programs of the City's General Plan as follows: A. Land Use Element Goal 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. Policy LU 15.1.1: Require the formulation, adoption, and implementation of Specific Plans for areas designated with a Specific Plan Overlay. This overlay provides greater specificity for the uses permitted and their design than defined for the underlying land use zone. I-LU 10: Re-evaluate the development review process and regulations for their adequacy in providing effective public review and comment on proposed development projects. Development review procedures should include reviews by all City Departments and outside service providers, as appropriate. The proposed zoning text amendment allows the Director's decisions to be appealed to the City Council. Additionally,the amendment provides notification to the City Administrator and City Council. Adding the language to the three Specific Plans gives the applicant or the City Council a due process of the Director's decision. It also allows the City Council to be more involved in the implementation of the Specific Plans and have more control over the review of development projects. Zoning Compliance: Not applicable. Urban Design Guidelines Conformance: Not applicable 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. Coastal Status: The revisions to Specific Plan No. 4, Huntington Harbour Bay Club will require an amendment to the City's adopted Local Coastal Program(LCP). Prior to forwarding the revised ordinance to the California Coastal Commission,the City Council must first take action on Local Coastal Program Amendment No. 05-01. Currently pending before the California Coastal Commission is Local Coastal Program Amendment No. 01-01 for the amendment to the Huntington Harbour Bay Club. Action by the California Coastal Commission for LCPA No. 05-01 may be taken independently or concurrently with LCPA No. 01-01. Redevelopment Status: Not applicable. Design Review Board: Not applicable. PC Staff Report - 12/13/05 3 (05sr33 ZTA 05-03) Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: There are no concerns from other City Departments. Public Notification: An expanded legal notice consisting of 1/8 of a page was published in the Huntington Beach/Fountain Valley Independent on November 23, 2005 and notices were sent to individuals/organizations requesting notification(Planning Department's Notification Matrix) and interested parties. As of December 8, 2005, one communication opposing the request has been received (Attachment No. 11) Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Not Applicable Not applicable (Legislative Action) ANALYSIS: i On September 6, 2005, City Council voted six to one 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(See Attachment No. 10). Currently, Specific Plan No. 4 (Huntington Harbour Bay Club), Specific Plan No. 11 (McDonnell Centre Business Park) and Specific Plan No. 13 (The Crossings) 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. 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. PC Staff Report - 12/13/05 4 (05sr33 ZTA 05-03) 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. 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. Therefore, staff recommends that the Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-01 be approved and forwarded to City Council for adoption. ATTACHMENTS: 1. Suggested Findings for Approval—ZTA No. 05-03 2. Suggested Findings for Approval—LCPA No. 05-01 '3- ✓��e'@-�6��®8�fi'8PI&t3 4-48. 4-(14a4iag4vix xxaxavesrna`Tvcu� 1 1. Letter from Huntington Beach Chamber of Commerce dated November 8, 2005 SH:MBB.jk:rl PC Staff Report - 12/13/05 5 (05sr33 ZTA 05-03) ATTACHMENT NO. I SUGGESTED FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 05-03 SUGGESTED 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 minor amendments to Specific Plan No. 4 (Huntington Harbour Bay Club), Specific Plan No. 11 (McDonnell Centre Business Park) and Specific Plan No. 13 (The Crossings), which do not change the development standards, intensity, or density of the affected project areas. SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 05-03: 1. Zoning Text Amendment No. 05-03 to amend various sections of Specific Plan No. 4 (Huntington Harbour Bay Club), Specific Plan No. 11 (McDonnell Centre Business Park) and Specific Plan No. 13 (The Crossings) is consistent with the goals, objectives and policies of the General Plan because the amendment gives the applicant or the City Council a due process of the Director's decision and allows the City Council to be more involved in the implementation of the Specific Plans and have more control over the review of development projects. 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 will apply to the project areas of Specific Plan No. 4 (Huntington Harbour Bay Club), Specific Plan No. 1 I (McDonnell Centre Business Park) and Specific Plan No. 13 (The Crossings). The amendment will give the applicant or a City Council member a due process of the Director's decision and does not change the permitted land uses. 3. A community need is demonstrated for the proposed zoning text amendment. The proposed changes will provide the applicant or the City Council a due process of the Director's decision and allow the City Council to be more involved in the implementation of the Specific Plans and have more control over the review of development projects. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The amendment will result in the applicant's or City Council's ability to appeal decisions made by the Director of Planning. Additionally, it will allow the City Council to be more involved in the implementation of the Specific Plans and have more control over the review of development projects. PC Staff Report - 12/13/05 ATTACHMENT NO. 1 ATTACHMENT NO. 2 SUGGESTED FINDINGS FOR APPROVAL LOCAL COASTAL PROGRAM AMENDMENT NO. 05-01 SUGGESTED FINDINGS FOR APPROVAL—LOCAL COASTAL PROGRAM NO. 05-01: 1. Local Coastal Program Amendment No. 05-01 amends the City's certified Local Coastal Program in accordance with Zoning Text Amendment No. 05-03 which modifies numerous sections of Specific Plan 4 to address the City Council's concern regarding notification and Council appeals. 2. Local Coastal Program Amendment No. 05-01 is in accordance with the policies, standards and provisions of the California Coastal Act. The changes to the Huntington Harbour Bay Club are administrative and do not affect the development standards. 3. The amendments conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act because the changes to the Specific Plan are administrative and do not change the development standards. PC Staff Report - 12/13/05 ATTACHMENT NO.2 .F t, HUNTINGTON BEACH ` C1 AMBER° ` November 8, 2005 COMMERJ'' Steve Ray,Chairman and Members of the Huntington Beach Planning Commission P.O. Box 190 Huntington Beach, Calif. 92648 u` ; \ Dear Chairman Ray: Thank you for the opportunity to provide input to Zoning Text Amendment No. 05-03/Local Coastal Program Amendment No. 05-01 (Specific Plan Amendments). Generally, our concern with the proposed amendments is that it adds an additional step and time to the development process which is inconsistent with the overall objective of the Chamber to streamline the development process. A Specific Plan is typically adopted in conjunction with an Environmental Impact Report which addresses environmental issues as well as development issues of concern. It is a far more comprehensive approach to development than the traditional zoning/CUP process. The benefit to property owners is knowing,in advance,what the City's standards and issues are and having a faster processing time to receive a decision on their specific project.It is critical to be able to respond to a window of opportunity for new businesses locating within the city. An example of the effectiveness of this process is Boeing Realty who chose to prepare an EIR and Specific Plan because it put them at a competitive advantage over other industrial property by being able to respond in a timely manner to businesses looking for a location. To date, Boeing Realty has developed several million square feet of office/commercial/industrial space using the standards called for in their Specific Plan. This is an excellent example of a landowner being able to respond to an opportunity that could otherwise go elsewhere if there were additional time constraints. We look forward to meeting with you and discussing this proposal in more detail. Sincerely, Jyc Riddell "President JR/sj CC: Mayor Hardy City Administrator Culbreth-Graft Planning Director Zelefsky Deputy City Administrator Emery 19891 Beach Blvd.,Suite 140 Huntington Beach,CA 92648 (714)536-8888 CC¢EDIiED Fax(714)960-7654 0. ,.� . Ari TTAC a IMENT ATTACHMENT 12 CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Joan Flynn, City Clerk From: Jill Hardy, City Council Member Date: December 14, 2005 Subject: APPEAL OF THE PLANNING COMMISSION DENIAL OF ZONING TEXT AMENDMENT(ZTA) NO. 05-031 LOCAL COASTAL PLAN AMENDMENT(LCP) NO. 05-01 (APPEALS— SPECIFIC PLANS) I hereby appeal the Planning Commission's denial of Zoning Text Amendment No. 05- 03/1-ocal Coastal Plan Amendment No.05-01 (Appeals— Specific Plans) on December 13, 2005. The proposed amendments to Specific Plans was 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 Specific Plans. The City Council approved an "H-Item" on August 31, 2005, directing staff to initiate the Zoning Text Amendments to require a report to the City Council of the Planning Director's decision and to permit City Council Members to appeal the Planning Director's decision to the City Council within 10 calendar days. The Planning Commission denial of the ZTA and LCP amendments does not provide for that notification or appeal. xc: City Council Planning CommissionQn Penny Culbreth- Graft, City Administrator 0 = Paul Emery, Deputy City Administrator Howard Zelefsky, Director of Planning � w ATTACHMENT 13 _ f4: Submitted b Ma o (City Council)'Proposed Amendment to Specific Plans. (1.20.90) . .... : . . . ... . Communication frorri MayorJilMardy transmitting-tlie following . . STATEMENT-AT . Currently, certain Specific Plans permit modifications and review of development projects as follows A:` 'A'::minor motlification toahe.Speclfq.Plan is a simple amendment to the exhibits.and/or,text..that: does not change,the meaning or inter►t of the Specific Plan. The Planning Director may accomplish this administratively'with a report-to"the Planning Commission. B. A:malor modificatron;to.lhe Specific:Plan is on,pmendment::to.the exhibits.and/or..text-Intended to change;,the mean ng,or.mtent.of:the.Specific.Plan-Development C.oncept;:Desigh,Guidellnes °or ::. . Development Regulations. This requires a Zoning Text Amendment and action by the'.Planning. Commission acid:City`:Counclf::",. C. All new development projects within the Specific.Plan are implemented through.a Site:Plan. Review process.' A Site Plan Review can be„administratively approved, conditionally approved, or. denied:by'th- Plariri►ng'Director based+upon findings described<in the Specific'Plan 'S h:fin ucdings include project consistency with the city's General Pla plaid'i hicipal Codes compatif iiity with surrounding area,consistency with the Circulation.Plan, and compliance with'the'provisions`of'the (22)„ : September 6;°2005-Council/Agency Agenda -Page 22 Specific Plan and other applicable regulations or special conditions required of the;project:<Action' by he Planning Director:ahali be final_u'niess.appealed to the:Planning:Commission by t. e,applicant within.10 calendar days: In order:.for;the City:Councilao.:,be:more invoived<.in tk�e:.implementation of this,Specific Plan and have more control over.the review of.:deyeloprnent projects.wjthin this Specific Plan,:as well.,as other Specific Plans that contain`similar.language, l.am recommending:that the:City:Council:.: consider the followwmg riot! Visa. `` GTI: N:: . Direct:staff.ta-initiate a;Zoning Text Amendment to change.any Specific Plan thafdoes not allow`' " a "eal,of:th6.Plannin Director's or Zonin ,Administrator's.:a rova(to re, uire A and. C ,.above..to pP g 9 PP G ) t., �nctude a report to the Gity CounciCofthe:Planning Director`s:decision, acid to perm�t:ay- erssa the_ City Cau ctlmemtiers to appeal the Planning Dlred o: S decision.to the City :.:... Council:w�thm' f 0"``calendar days:' ' Amendmenfs-suggested by'councilmembers. Motion to approve recommended action:as amended above:';Approved:6- :(Hansen Np). .... . .,.. -2a Submitted b Counc�[member Cook Y {City Council) Verizon Work on Private Streets (120.90} Communication from Councilmember Cook transmitting the following Statement of Issue:. .. : VeriZon's."Fiber the Premises"'(FTTP)project involves street work throughout of Huntington Beach. Venzon is r . aired to obtain a Utility Encroachment Permit from the" he Inc Works Department for inspects of work within the public right-of-way: Ttie'co ruction work affecting'- street pavement and cone a sidewalk areas consists of baring.an pen:'cut trenching.to install,: conduits through which the fib optic cabids"`will be pulled. ATTAf`WINT e ATTACHMENT 14 Atlanta McKenna Long San Diego Denver &AldridgeLLP Auomeys at Law San Francisco Los Angeles 444 South Flower Street•Suite 800•Los Angeles,CA 90071-2901 Washington,DC 213.688.1000•Fax: 213.243.6330 Philadelphia www.mckennalong.com Brussels JAMES C.HUGHES email address (213)243-6130 JHUGHES@MCKENNALONG.COM December 13,2005 Via Facsimile Honorable Planning Commissioners City of Huntington Beach Huntington Beach Civic Center 2000 Main Street Huntington Beach, CA 92648 Re: Bella Terra Shopping Center Specific Plan No. 13 Item B-2,December 13,2005 Planning Commission Meeting Proposed Zoning Text Amendment No. 05-03 ("ZTA 05-03")Re SP 13 Ladies and Gentlemen: We are special counsel to Bella Terra Associates(`BTA"),the recent purchaser of the Bella Terra Shopping Center("Bella Terra"), Huntington Center Associates, LLC("HCA"),the former owner of Bella Terra, and Snyder Huntington Development, LLC ("Snyder"),HCA's construction manager for the on-going completion work. Bella Terra is the product of an Owner Participation Agreement("OPA') entered into between HCA and the Redevelopment Agency of the City of Huntington Beach("Agency") in October,2000 and implemented pursuant to Specific Plan No. 13 ("SP 13"). The development of Bella Terra is expected to be completed by the middle of 2006, although portions of Bella Terra have already been completed. As we advised you in our previous communication to the City Council,dated September 6, 2005 (which we incorporate by reference here),Bella Terra is the largest development projection under construction in the City. It is also one of the most significant projects in the City due to its gateway location and ability to generate real property and sales taxes for the City. Before Bella Terra, City and Agency officials lamented the fact that the residents of Huntington Beach drove by the former Macerich Huntington Beach Mall on their way to other cities to spend discretionary income on retail purchases and entertainment. Bella Terra has remedied that problem, assuring that local retail and entertainment dollars will remain in the City to be recycled back via taxes into City operations and programs. Honorable Planning Commissioners December 13, 2005 Page 2 Our clients have reviewed ZTA 05-03 as applied to SP 13 and oppose its adoption for the following reasons, among others: (1) As Written,ZTA 05-03 Creates Significant Uncertainty As To Whether Any Decision By the Planning Director,Even Regarding Minor Modifications,Will Ever Be Final: ZTA 05-03 proposes to insert the requirement that the Planning Director give written notice to the City Council regarding minor modifications, site plan review actions, and subdivision maps under SP 13 triggering any Councilmember's 10-day appeal right. Yet ZTA 05-03 states no deadline for the Director's notice nor is there any treatment of the contents of the notice. Moreover, Section 2.0 of SP 13 states that"...The Planning Director shall have the discretion to determine if requests for modifications to the Specific Plan are minor or major." ZTA 05-03 leaves uncertain when the Director will provide its notice, what that notice will be, and whether the proposed Councilmember appeal rights extend to the Director's determination whether a modification is major or minor. These and other ambiguities and uncertainties in the language of ZTA 05-03 require its disapproval until corrected. (2) ZTA 05-03 Is Inconsistent With the City Zoning and Subdivision Ordinance: While SP 13 provides that it may supercede relevant provisions of the Huntington Beach Zoning and Subdivision Ordinance (the"Ordinance"),it is,required to be administered in accordance with the Ordinance. The proposed ZTA 05-03 changes to SP 13 violate mandatory requirements of the Ordinance without justification. For example,Ordinance Section 248.18 provides in pertinent part: "...The Planning Commission shall hear an appeal from the decision of the Director... The City Council shall hear an appeal from the decision of the Planning Commission...(emphasis supplied)." In its present form, SP 13 provides for oversight by the Planning Commission of the Director's minor modification decisions, site plan review,and subdivision decisions as contemplated in the Ordinance. The proposed changes to SP 13 in ZTA 05-03 eliminate the role of the Planning Commission in oversight of Director decisions and substitute the City Council and City Administrator. Nowhere in the Ordinance is the City Administrator accorded any powers with respect to oversight of Director, Commission or Council or direct participation in deliberations. (3) Existing City Law May Already Provide A Council Right of Action: SP 13 provides that it will be administered in accordance with the Ordinance. Ordinance Section 248.28 provides in pertinent part: "...A City Council member...may appeal a decision of the Director.... The appeal shall be processed in the same manner as any appeal by any other person...." There is nothing in our reading of SP 13 which precludes exercise of the Ordinance Section 248.28 appeal right by the Council or Commission with respect to site plan review or subdivision decisions of the Director. Accordingly,the ZTA 05-03 changes to SP 13 are unnecessary. Honorable Planning Commissioners December 13,2005 Page 3 (4) If The Stated Purpose of ZTA 05-03 Is To Promote Council Involvement and Control Over Development Projects,There Are Less Disruptive Means To Accomplish This: ZTA 05-03 provides for a 10-day Council appeal period after notice of Director decisions. We have discussed the lack of controls in ZTA 05-03 over how long the Director's notice will take and what it will include. If there is an appeal,the Ordinance requires a hearing be conducted after prior notice following which a decision is prepared and delivered. This process can be expected to take a minimum of 60-75 days from the date of Director decision and in all likelihood longer if there are complicated questions of fact or law involved. This delay, even for minor modifications, is a significant economic and scheduling burden for the developer. Especially for projects like Bella Terra which are in advanced stages of completion and have significant equity investment and debt to service, the ability to rely on swift and final decisions by the City, especially regarding minor modifications, is crucial. ZTA 05-03 will erode the current situation significantly and,as such,is a threat to the continued success of Bella Terra. As opposed to creating an additional level of City approval after Planning Director approval with potentially lengthy additional delay,the City has several nondisruptive alternatives to consider, including: (a) Establishing a subcommittee of the City Council to be regularly briefed by the Planning Director and Planning Department regarding on-going or proposed specific planned projects as those projects are under consideration for approvals; (b) Requiring that no decision of the Planning Director is to be finalized or promulgated until review by the subcommittee of the City Council; (c) Establishing internal standards and practices with respect to administrative and related determinations of the Planning Director with direct input from the City Council; update these regularly; and (d) Establishing new specific plan review and oversight standards to be incorporated into future projects in the City. Alternatively,ZTA 05-03 can require a vote of a majority of the City Council to appeal decisions of the Planning Director so that the harm to any development project is the product of the collective consideration and deliberation of the City Council rather than the preferences of any individual Councilmember. We recommend the City pursue the foregoing alternatives to ZTA 05-03 as proposed. Honorable Planning Commissioners December 13, 2005 Page 4 (5) The Commission Cannot In Good Faith Make The Required Findings To Recommend ZTA 05-03 to the City Council: Ordinance Section 247.10 requires the Commission make the following findings, among others, in order to recommend adoption of ZTA 05-03 to the City Council: (a) The change proposed is consistent with the objectives,policies, general land uses and programs specified in the General Plan and [SP 131; (b) A community need is demonstrated for the change proposed; (c) Its adoption will be in conformity with public convenience, general welfare and good zoning practice. We have demonstrated in the previous discussion that the Ordinance contemplates oversight by the Planning Commission, not the City Council,of Planning Director decisions. In its present form, SP 13 is consistent with the Ordinance. The ZTA 05-03 changes will make it inconsistent. We are aware of no community pressure for the ZTA 05-03 modifications. Rather,we are aware that the City Council may desire greater direct oversight and control over its Planning Director's decisions which may be accomplished by ongoing management by the City Council as discussed above. Certainly, it is not in the community interest to delay or jeopardize the completion of projects like Bella Terra which provide much-needed community retail, dining, and entertainment opportunities. We do not believe it is good zoning practice to resolve internal City Council-Staff differences at the expense of development projects which must suffer additional expense and delay as a result. We have proposed methods above by which the City Council can be apprised of, and involved in, decisions made by the Planning Director or others on behalf of the City without interfering with the progress or predictability of necessary project approvals. We request these methods be explored by the City rather than the project burdens proposed in ZTA 05-03. (6) Changes to SP 13 Require Mutual Agreement Under the OPA: We reiterate our prior objection that Bella Terra OPA Section 402 specifically requires that Bella Terra is to be redeveloped"...as generally established in City-approved entitlements..., including Specific Plans...,except for such changes as may be mutually agreed upon between Participant and the City." As co-Participants, BTA and HCA do not approve the ZTA 05-03 proposed changes to SP 13 which would grant significant additional obstacles to approvals under SP 13. Just as BTA and HCA are barred from unilaterally changing SP 13 as may suit their needs in developing Bella Terra,the City is barred from requiring additional, substitute,and/or replacement approvals and from granting additional appeal rights under SP 13. Honorable Planning Commissioners December 13, 2005 Page 5 (7) Vesting Rights Preclude"Mid-Stream" Changes in SP 13 Which Impose Significant Potential Obstacles To Administrative and Other Approvals: Applicable principles of law relating to vested rights and the prospective application of changes in law require that the City cannot change materially the approval and appeal processes pursuant to which development projects, including Bella Terra, are approved and completed under SP 13 after SP 13 has been approved and development has commenced in reliance thereon. HCA and BTA(and their investors and lenders)have made substantial investments and exerted substantial efforts to develop Bella Terra in reliance on SP 13, including the use of established approval and appeal processes and procedures. By proposing to make every change and every site plan review subject to City Council review - essentially stripping the Planning Director of virtually all authority to make decisions efficiently and expeditiously regarding inevitable project evolutionary changes—ZTA 05-03 "changes the rules of the game" for SP 13 in mid-stream significantly and detrimentally for the developer. This is neither legally permissible nor advisable from a business perspective. (8) Recommendations: Based on the foregoing,we respectfully request the Commission take the following actions in connection with the proposed ZTA 05-03: (a) send ZTA 05-03 back to Staff for re-evaluation based on the textual ambiguities and uncertainties discussed above; (b) task Staff to develop alternative methods for City Council involvement and control over development projects as discussed in Section 4 above; (c) task Staff to analyze the costs, scheduling delays, and other detrimental effects on affected development projects of the ZTA 05-03 changes after interviewing affected developers; (d) after consideration of the foregoing,develop new specific plan standards and practices for future development projects in the City; and (e) in all events require the vote of a majority of the City Council,rather than individual Councilmember action, for appeal of the Planning Director's action. Thank you for your consideration. Very truly yours, J es C. Hughes (IPA-d) of McKenna Long&Aldridge LLP cc: Mr. Lindsay Parton Mr.Bryan Ezralow Mr. Michael Wise RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: Appeal of Zoning Text Amendment No. 05-03 and Local Coastal Program Amendment No. 05-01 COUNCIL MEETING DATE: January 17, 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 Attorne Subleases, Third Party Agreements, etc. Attached El Not Applicable Approved as to form by City Attorne Certificates of Insurance (Approved b the City Attorne Attached ❑ � pp Y Y Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable ❑ Bonds (If applicable) AttachedNot Applicable Staff Report (If applicable) AttachedNot Applicable ❑ Commission, Board or Committee Re ort If applicable Attached El p ( pp ) Not Applicable Find in s/Conditions for A roval and/or Denial Attached g pp Not Applicable ❑ EXPLANATION FOk,MIS ING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For CityVerk's Use RCA Author: HZ:SH:MBB:jk McKenna Long Atlanta &AldridgeEJ.P San Diego Denver Attorneys at taw San Francisco Los Angeles 444 South Flower St • Los Angeles, CA 90071 Washington,DC Philadelphia Tel: 213,688,1000 • Fax: 213.243.6330 Brussels www mckennalong.com JAMES C.HUGHES EMAIL ADDRESS (213)243-6130 jhughes@mckennalong.com January 17,2006 Honorable Mayor Pro Tem.and Members of the City Council City of Huntington Beach City Hall 2000 Main Street Huntington Beach, CA Re: Bella Terra Shopping Center Specific Plan No.. 13 January 17"'City Council Meeting Proposed Zoning Text Amendment 05-03 to Specific Plan No. 13 Ladies and Gentlemen: We are special counsel to Bella Terra Associates ("BTA"), current owner of the Bella Terra Shopping Center(`Bella Terra")and Huntington Center Associates, LLC("HCA"),the former owner and party charged with the on-going completion of Bella Terra,who submit this on behalf of themselves and Snyder Huntington Development,LLC ("Snyder"), HCA's construction manager for the on-going Bella Terra completion work. Bella Terra is a redevelopment project under an Owner Participation Agreement ("OPA") entered into between HCA and the Redevelopment Agency of the City of Huntington Beach ("Agency")in October, 2000 and implemented pursuant to Specific Plan No. 13 ("SP 13"). The redevelopment of Bella Terra is expected to be completed by the middle of 2006, although portions of the project are already complete. Bella Terra is the largest retail development project under construction in the City. It is also one of the most significant projects in the City due to its gateway location and ability to generate real property and sales taxes for the City and employment. Prior to the development of Bella Terra, the residents of Huntington Beach drove by the former Huntington Beach Mall on their way to other cities to spend discretionary income on retail purchases and entertainment. Bella Terra has remedied that problem, assuring that local retail and entertainment dollars remain in the City to be recycled back into City operations and programs. The City proposes to approve a zoning text amendment to SP 13 (ZTA 05-0.3)to grant additional rights of appeal to any member of the City Council,even as relates to minor Honorable Mayor and Council January-17,2006 Page 2 modifications to SP 11 At its December 13"'hearing, the City Planning Commission denied ZTA 05-03, specifically finding under City Ordinance Section 247.10 that: (a) ZTA 05-03 was not consistent with the objectives,policies,general land uses and programs specified in the General Plan and [SP 131; (b) There was no demonstrated community need for the adoption of ZTA 05-03; and (c) ZTA 05-03's adoption would not be in conformity with public convenience, general welfare and good zoning practice. In the discussion by the Planning Commissioners at the hearing,it was clear that several factors weighed heavily in their determination that it was not necessary or advisable to amend SP 13 (or SP 4 and SP 11)as proposed in ZTA 05-03: (z) These Specific Plans Are Much More Detailed Than Typical: SP 13 (Bella Terra) and SP 11 (Boeing Center)are highly detailed, comprehensive specific plans that include unprecedented levels of detail regarding project development minimizing the necessity for further approvals.. (y) A Streamlined Specific Plan Project Approval Is Essential To Project Success: The developers of Bella Terra and the Boeing Center agreed to underwrite the delay and expense associated with malting SP 1.3 and SP 11 more comprehensive than necessary in consideration of the City's incorporation of streamlined approval processes involving the Planning Director. ZTA 05-03 would add the potential for delay in every discretionary determination by the Planning Director,even minor modifications,which would add approximately 60-75 days of delay(as confirmed by Planning Department Staff at the hearing)or more. (x) City Council Already Approved These Specific Plans: The City Council approved these specific plans when adopted in 2000(SP 13) and 1997-2002 (SP 11). This included full knowledge and approval by the City Council of the streamlined approval processes incorporated into these specific plans. (w) Developers Have Relied On The Specific Plan Approval Structure: The developers of Bella Terra and the Boeing Center and their investors and lenders have made substantial investments in those projects in reliance on these specific plans, among other entitlements. (v) The SP.13 and SP l I Projects Are Compliant Projects That Do Not Require Amendment: The projects developed under SP 13 (Bella Terra) and SP 11 (Boeing Center) (SP 11) are successful development projects that have progressed uneventfully in accordance with their specific plans. They are not problem projects requiring additional levels of City Council oversight and review. Simply put, circumstances have not changed regarding the projects or the public need to,justify the ZTA 05-03 amendment. Honorable Mayor and Council January 17, 2006 Page 3 (u) Changing The SP Rules in Mid-Stream Is Inequitable: Changing the rules by which these specific plans are administered in the middle of development of the affected projects is(i)unfair to the project owners, (ii)unnecessary given how well the projects have progressed, (iii)could have a destabilizing effect on these projects if future approvals are appealed and the projects are delayed, and(iv) could affect the City's ability to attract new large-scale projects because of the elimination of similar streamlined approval processes. (t) There Are Alternative(Less Disruptive)Ways For the Council To Be Involved In Project Decisions: The City Council justifies ZTA 05-03 ion the basis that the Council may be more involved in, and informed regarding, SP 13 and SP 11 project decisions. The City Council has several alternatives to accomplish this,however,which would have a less disruptive effect on specific planned projects. For example, the City Council has the power to require Staff, including the Planning Director, to report to the Council regarding specific plan decisions before they are promulgated. The City Council has the further right, among other powers,to develop further internal guidelines and procedures regarding how decisions are made by the Planning Director, as discussion with the City Council, under applicable specific plans. These procedures (and others which could easily be instituted)would permit the City Council to be not only informed and advised regarding specific planned decisions but to have a significant level of involvement in their formation. Our clients concur with the foregoing analysis of the City Planning Commission and respectfully request your denial of ZTA 05-03 as legally impermissible and inadvisable on a business basis. In addition,we advise you of the following additional requirements which require denial of ZTA 05-03: (1) Changes to SP 13 Require Mutual Agreement Under the OPA: OPA Section 402 specifically requires that Bella Terra is to be redeveloped "...as generally established in City- approved entitlements..., including Specific Plans..., except for such changes as may be mutually agreed upon between Participant and the City." As co-Participants, BTA and HCA do not approve the proposal to revise SP 13 to grant additional approval and appeal rights. Just as BTA and HCA are barred fi-om unilaterally changing SP 13 as may suit their needs in developing Bella Terra, the City is barred from requiring additional, substitute, and/or replacement approvals and from granting additional appeal rights under SP 13. (2) Vesting Rights Preclude"Mid-Stream" Changes: Even if the OPA had not included Section 402, applicable principles of law relating to vested rights and the prospective application of changes in Iaw require that the City cannot change materially the approval and appeal processes pursuant to which development projects, including Bella Terra, are approved and completed under SP 13 after SP 13 has been approved and development has commenced in reliance thereon. HCA and BTA(and their investors and lenders)have made substantial investments and exerted substantial efforts to develop Bella Terra in reliance on SP 13, including the use of established approval and appeal processes and procedures. By proposing to make every change, even minor modifications and every site plan review subject to City Council appeal -essentially stripping the Planning Director of virtually all authority to make decisions Honorable Mayor and Council January-17,2006 Page 4 efficiently and expeditiously regarding inevitable project evolutionary changes_the proposed zoning amendment"changes the rules of the game"for SP 13 in mid-stream significantly and detrimentally for the developer. This is neither legally permissible nor advisable. (3) Internal City Personnel Problems Should Not Result in Increased Project Regulation_ Reading between the lines of the proposed zoning amendment, it appears that someone at the City has decided that the City Planning Department,including the Planning Director, are not to be trusted. Despite the expertise, experience, and tireless efforts of these City planning professionals in evaluating and implementing development projects, someone has decided that they require unusually close City Council supervision. We believe any City internal personnel problems should be solved internally by the City,not by significant increases in laws and regulations. ZTA 05-03 would add a significant new level of project review by the City Council, adding to the Council's already overburdened calendar and extending overly lengthy development approval processing by the City. This will not only jeopardize the successful completion of Bella Terra and the Boeing Center but could detrimentally destabilize the development process City-wide. (4) The City Council Cannot Make The Required Findings To Adopt ZTA 05-03: City Ordinance Section 247.10 requires the City Council make the following findings, among others, in order to adopt ZTA 05-03. The City Planning Commission was unable to make these findings and a fair reading of the record regarding ZTA 05-03 dictates that the City Council come to the same conclusion: (a) The change proposed is consistent with the objectives,policies, general Iand uses and programs specified in the General Plan and [SP 13]; (b) A community need is demonstrated for the change proposed; (c) Its adoption will be in conformity with public convenience,general welfare and good zoning practice. ZTA 05-03 will add an additional level of City Council appeal and,if invoked,will delay project approvals, even minor ones,potentially significantly. Since an appeal may be filed by any single Councilmember, the appeal may not even reflect a majority of the Council. The Planning Director will be stripped of all discretionary authority. These factors are not consistent with the efficient,timely, economical, and appropriately flexible administration of land use decisions required of the City,nor are they consistent with the necessity of predictability of outcome of the City approval process under the affected specific plans,both as to timing and substance. By adoption of SP 13 and SP 11, the City Council previously approved oversight by the Planning Commission and Planning Director,not the City Council, of Planning Director decisions. The record contains no evidence of community pressure for the ZTA 05-03 modifications. Nor does the successful progress toward completion of development of Bella Honorable Mayor and Council January 17, 2006 Page 5 Terra and the Boeing Center provide any justification for ZTA 05-03. Rather, we are aware that the City Council may desire greaten direct oversight and control over,its Planning Director's decisions which may be accomplished by ongoing internal management by the City Council as discussed above. Certainly, it is not in the community interest to delay or jeopardize the completion of'projects like Bella Terra or the Boeing Center,which provide much-needed community retail, dining, entertainment, and business opportunities, employment opportunities and revenues. It is not good zoning practice to resolve internal City Council-Staff differences at the expense of development projects which must suffer additional expense and delay as a result. We have proposed methods above by which the City Council can be apprised of, and involved in, decisions made by the Planning Director or others on behalf of the City without interfering with the progress or predictability of necessary project approvals. We request these methods be implemented by the City rather than the project burdens proposed in ZTA 05-03. (5) Incorporation of Prior Submissions: We incorporate by reference here our previous submissions to you and the Planning Commission dated September 6,2005 and December 13,2005. Based on the foregoing, among other arguments,we respectfully request that,you deny adoption of ZTA 05-0.3. Very truly yours, 0- M �. Hughes of McKenna Long&Aldridge LLP cc: Mr. Lindsay Parton Mr. Bryan Ezralow Mr. Milton Swimmer CITY OF HUNTINGTON BEACH Inter Office Communication Planning Department TO: Honorable Mayor and City Council Members VIA: Penny Culbreth-Graft, City Administrator FROM: Howard Zelefsky, Director of Plannin DATE: January 17, 2006 SUBJECT: REVISIONS TO ORDINANCE NO. 3727 Ordinance 3727 amending Specific Plan No. 11 (McDonnell Centre Business Park) is revised to include Section 3.4 — Parcel Maps to the heading. In addition, reference to Section 3.6 — Reuse/Change of Use Review, Section 3.7 — Environmental Determination and Section 3.8 — Request for Deviation has been deleted from the ordinance. Attachment 1. Ordinance 3727 HZ:SH:JK:cs / - / 7 - v � ORDINANCE NO. 3727 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SPECIFIC PLAN 11 (MCDONNELL CENTRE BUSINESS PARK SPECIFIC PLAN) BYAADDING CITY COUNCIL NOTIFICATION AND APPEAL LANGUAGE TO SECTIONS 3.0-ADMINISTRATION AND 3.5 — SITE PLAN REVIEW (ZONING TEXT AMENDMENT NO. 05-03) WHEREAS, pursuant to California State Planning and Zoning Lawt e 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 notificati 0/ and appeal language to Section 3.0—Administration, Section 3.4—Parcel Maps, Section 3.5 — Site la Review, Section 3.6— Reuse/Change of Use Review, Section 3.7 —Environmental Dete ination and Section 3.8 —Request for Deviation ; 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 shallke effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 200 Mayor ATTEST: APPROVED AS TO FORM: c City Clerk City ttorney REVIEWED AN,/ APPROVED: INITIA AND PPROVED: City d>riinistrator irect of Planning ATTACHMENTS: Exhibit A: Amended McDonnell Centre Business Park Specific Plan 05ordlmcdonnell centre NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF 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 Planner: 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. Direct your written communications to the City Clerk Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:1ega1s:CCLGFRM2a) Impression antibourrage et a sechage rapide www.avery.com o AVERV@ 5960-r Utilisez le gabarit 5960mc 1-800-GO-AVERY Occupant Occupant Occupant 4165 Warner Avenue, Unit 101 4165 Warner Avenue, Unit 102 4165 Warner Avenue,Unit 103 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach,CA 92649 Occupant Occupant Occupant 4165 Warner Avenue,Unit 104 4165 Warner Avenue, Unit 105 4165 Warner Avenue, Unit 106 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Occupant Occupant Occupant 4165 Warner Avenue, Unit 201 4165 Warner Avenue, Unit 202 4165 Warner Avenue,Unit 203 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Occupant Occupant Occupant 4165 Warner Avenue, Unit 204 4165 Warner Avenue, Unit 205 4165 Warner Avenue,Unit 206 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Occupant Occupant Occupant 4165 Warner Avenue,Unit 301 4165 Warner Avenue,Unit 302 4165 Warner Avenue,Unit 303 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Occupant Occupant Occupant 4165 Warner Avenue,Unit 304 4165 Warner Avenue, Unit 305 4165 Warner Avenue, Unit 306 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 - 06 os -03 Lam.'4A os - o/ A��d o AHMV-09-008-1. w1096S 31VIdW31 @fuanv ash wi096S O wo3-AjaAe-AAmm �� 6uiluud aaa3 a6pnwS pue mef Jam and Smudge Free Printing -www.avery.com ❑ A�I�I(® 5960TM Use Avery®TEMPLATE 596OTM �' 1-800-GO-VERY Occupant Occupant Occupant 14621 Springdale 5250 Rancho Road 5302 Rancho Road Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Occupant Occupant Occupant 5150 Rancho Road 14801 Able, Unit 101 14801 Able, Unit 102 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Occupant Occupant Occupant 4281 Warner Avenue 4163 Warner Avenue 4121 Warner Avenue Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Occupant Occupant Occupant 4167 Warner Avenue, Unit 101 4167 Warner Avenue, Unit 102 4167 Warner Avenue, Unit 1031 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Occupant Occupant Occupant 4167 Warner Avenue, Unit 104 4167 Warner Avenue, Unit 105 4167 Warner Avenue, Unit 106 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Occupant Occupant Occupant 4167 Warner Avenue, Unit 201 4167 Warner Avenue, Unit 202 4167 Warner Avenue, Unit 203 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Occupant Occupant Occupant 4167 Warner Avenue, Unit 204 4167 Warner Avenue, Unit 205 4167 Warner Avenue, Unit 206 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Occupant Occupant Occupant 4167 Warner Avenue, Unit 301 4167 Warner Avenue, Unit 302 4167 Warner Avenue, Unit 303 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Occupant Occupant Occupant 4167 Warner Avenue, Unit 304 4167 Warner Avenue, Unit 305 4167 Warner Avenue, Unit 306 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 �W0965 pA� d AH3AV-09-008-L �.0965 4!aege6 al zavi!tn tuo:)-iGaAe-mAArn anidej a6eunas p is a6p»nonnup uoissaidun Jam and Smudge Free Printing www.avery.com Use Avery@ TEMPLATE 5960T. 9-800-GO-AVERY AVERY® 5960TM 142-073-26 178-291-26, 31, 36, 39, 40 178-291-27, 29, 35 Sears Roebuck& Co. Huntington Harbour Marina LLC Hunt. Bch. Bay Club Master Assoc. 3333 Beverly Road#132-15413 1442 Galazy Drive 13001 Seal Beach Blvd., Unit 300 Hoffman Estates, IL 60179 Newport Beach, CA 92660 Seal Beach, CA 90740 195-111-15, 39 195-111-17 195-111-21 McDonnell Douglas Realty Co. Argyle Campbell Audrey Dahlgren 3780 Kilroy Airport Way, Suite 750 601 Via Lido 5700 Skylab Road Long Beach, CA 90806 Newport Beach, CA 92663 Huntington Beach, CA 92647 195-111-32 195-111-33 195-111-35 Robert Dix Shamrock Bolsa Properties Sotsu America Inc. 6872 Silver Beach Circle 5701 Bolsa Ave. 399 Park Avenue Huntington Beach, CA 92648 Huntington Beach, CA 92649 New York,NY 10022 195-111-37 195-111-38 195-112-11 Morgan Holdings LLC Shoe Holdings LLC Sharp Electronics 5921 Skylab Road, Bldg. B 5951 Skylab Road 1 Sharp Plaza Huntington Beach, CA 92647 Huntington Beach, CA 92647' Mahwah,NJ 07430 195-112-13 195-112-16 J. h Snyder Co. DCS Holdings Inc. DI Group LLC Milton 1. Swimmer 7731 Painter Avenue 5800 Skylab Road 5757 Wilshire Blvd., Penthouse 30 Whittier, CA 90602 Huntington Beach, CA 92647 Los Angeles, CA 90036 DJM Capital Partners, Inc. Lindsay Parton Occupant Occupant 109 South La Cumbre Lane 5901 Bolsa Avenue 5301 Bolsa Avenue Santa Barbara, CA 93105 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Occupant Occupant Occupant 5800 Skylab Road 5900 Skylab Road 5921 Skylab Road Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Occupant Occupant Occupant 5050 Skylab Road West 5951 Skylab Road 5801 Skylab Road Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Occupant Occupant Occupant 14561 Springdale 5700 Skylab Road 5701 Skylab Road Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92649 z�-: 779- Os -0.3 m096S®Ajj3AV o A213AV-09-008-L �� �W096S z!Jege6 ai zas!ytn LU03'AJaAl M'MM ap!deJ a6ey�as a ja a6eJJnoq!;ue uo!ssaiduaj ApAgFbt HOGW A chage rapide J 60�a11 1l q�O� `u'� AV®RV® maw �TL7r1S��I�y�'aW RMEARING NOTIFICATION CHEC► • MAILING LABELS—November Z9,2005 G:Labels\Labels\Public Hearing c�•� California Coastal Commission 25 Jon M.Archibald 32 Graham 39 Theresa Henry Westminster Schoo 'ct Meadow ea South Coast Area Office 14121 Cedarwood Avenue 5161 Gelding Circle 200 Oceangate, 10th Floor Westminster CA 92683 Huntington Beach,CA 92649 Long Beach, CA 92802-4302 California Coastal Commission 25 Steph er 33 Che caning 39 South Coast Area Office HB Union High 'he Disrict Meadowlark Are 200 Oceangate,10th Floor 10251 Yorktown Avenue 16771 Roosevelt Lane Long Beach,CA 92802-4302 Huntington Beach,CA 92646 Huntington Beach,CA 92649 Ro oseph 26 CS 34 Hearthside Homes 40 Caltrans Distn Marshall Krupp, sident 6 Executive Circle,Suite 2.50 3337 Michelson Drive, ut 204 Nata Irvine,CA 92614 Irvine,CA 92612-1699 Newport Beach,CA 92660 Director 27 Goldenwest College 35 Bolsa Chica Land Trust 41 Loc`-S&L Waste Enf.Agy. Attn: Fre ens ~'LD er Avenue,Ste. 108 O.C. Health Care 15744 Golden Huntington CA 92(i49 P.O_Box 355 Huntington Beach CA 92 Santa Ana,CA 92702 N w Growth Coordinator 28 OC Co Harbors,Beach 36 Bolsa Chica Land Trust 41 Huntin o ost Office and Parks De p . en ,President 6771 Warner Ave. P. O.Box 4048 1812 Port Tif Huntington Beach,CA 92647 Santa Ana,CA 92702-4048 Newport Beach,CA 92660 -- rc E_cker 29 Huntington Beach Mall 37 Steve Homer,Chairperson 42 Fountains m. School Dist. Attn: Pat Rogers-Laude SEHB 17210 Oak Street 7777 Edinger Ave. #300 P.O.Box 5596 Fountain Valley CA 92708 Huntington Beach CA 92647 Huntington Beach,CA 92615 Dr. Qary Rutherford,Super. 30 ountry View Estates HOA 38 OC Sanitation District 42 HB City x School Dist. Carrie s 10 s Avenue 20451 Craimer Lane 6642 Trotter Drive Fountain V ey 2708 Huntington Beach,CA 92648 Huntington Beach CA 9264 erry 30 Country View Estates HOA 38 Eric e aft,Plant Ma lager 42 HB City Elem School Dist. Chapman AES Huntingto L.�C 20451 Craimer Lane 6742 Shire i 21730 Newland Street Huntington Beach,CA 92648 Huntington Beach CA Huntington Beach CA 92646 Richar 42 Huntington Beach Girls Softball* 47 n 56 47 9062 Kahului Drive Mike Erickson Commissioner Ca Huntington Beach CA 92646 P.O. Box 3943 22041 Catalina Circle Huntington Beach,CA 92605-3943 Huntington Beach,CA 92,146 �R�c 42 AYSO 117 47 AYS 55 47 2100John Almanza Commissioner Duan rtado HuntBeach CA 92 9468 Cormorant Cr P.O. Box 1852 Fountain Valley,CA 92708 Huntington Beach,CA 92647 / — / 7 —D6 Ab3AV-09-008-L ® Wr0965 UVIdIN31 AAaAV asn W1094 f1UA0*0n 6wjLgA9W" 8Pn �/ V + oAj8Ae-mmm apidej ;a a6eaanoq!jue uolssaadwi6 ®A � a aFdwPf I,I`i�ptcaAFb dlli§&FAjWit chage rapide vd40Not idP �7'j�pS"-0.3 AV8RY® Blow rn MZV a 5fiNb%06M§W11EARING NOTIFICATION CHECK MAILING LABELS—November 29,2005 G:Labels\Labels\Public Hearing President 1 Huntington Harbor POA 10 Sue 16 H.B. Chamber of Commerce P.O. Box 791 19671 Quiet Bay 19891 Beach Blvd.,-Ste. 140 Sunset Beach,CA 90742 Huntington Beach,CA 9 c) Huntington Beach,CA 92648 Dave Stefanides 2 William D. Holman 11 Edna Littlebury 17 Orange County Assoc.of Realtors PLC Gldn St. Mob.Hm. Owne.•s Leag. 25552 La Paz Road 19 Corporate Plaza Drive 11021 Magnolia Blvd. Laguna Hills,CA 92653 Newport Beach CA 92660-7912 Garden Grove,CA 92642 President 3 Jeffrey M. Oderman 12 Pacific Coast Archaeological 18 a RUTAN&TUCKER LLP 'SesiyZI=c. 17�� Suite 312 611 Anton Blvd.,14'1' Floor P.O. Box H 92649 Costa Mesa CA 92626-1950 Costa Mesa,CA 926 Attn:Jane Gothold Sunset Beach Community Assoc. 4 Pres.,H.B. Hist.Society 13 �Hii or 19 Pat Thies, re ' C/O Newland House Museum O.C. Ping. v. Service:Dept. PO Box 215 19820 Beach Blvd. P.O. Box 4048 Sunset Beach,CA 90742-0215 Huntington Beach,CA 9264$ Santa Ana,CA 92�74ri President 5 Community Services Dept. 14 Vicky 19 Huntington Beach Tomorrow Chairperson O.C. Public Facilities ; s.Dept. PO Box 865 Historical Resources Bd. P. O. Box 4048 Huntington Beach,CA 92648 Santa Ana,CA 92702-4841, Julie Vandermost 6 Council on Aging 15 g Director 20 BIA'OC 1706 Orange Ave. City o Mesa 17744 Sky Park Circle,#170 Huntington Beach,CA 92648 P. O. Box 120 Irvine CA 92614-4441 Costa Mesa, CA�92628 chard Spicer 7 Jeff e 16 laiming Director 21 SCA Seacliff HOA City o tam Valley 818 West 7th,12th Floo 19391 Shady Harbor Circe 10200 Slater Los Angeles,CA 90017 Huntington Beach,CA 92648 Fountain Valle��A2 E.T.I. Corral 100 8 Jon 16 Pl ' g Director 22 Mary Bell SeacliffjHA Ciry o ort Beach 20292 Eastwood Cir. 19382 ale Lane P.O. Box 1768Huntington Beach,CA 92646 Huntin Beach,CA 92648 Newport Beach,CA 9266. - Ray Hiemstra 9 Lo one 16 Planning Director 23 Environmental Board Chairman Seacliff HO, City estminster 214 191'Street#5 19821 Ocean Bluff Cir 8200 Westmu� vd. Huntington Beach,CA 92648 Huntington Beach CA 92648 Westminster,CA 92683 Planning Director 24 u Beckman 31 HB Hamptons HOA 38 City of Seal Beach Ocean View tary School District Progressive Community Nigmt. 211 Eight St. 17200 Pinehurst Lane 27405 Puerta Real,#300 Seal Beach,CA 90740 Huntington Beach CA 92647 Mission Viego,CA 92691 / -/ 7 e "jAwL WW I u =111� apldea a6e gas4 P W ffil Z►6-i4-- (tom& a A) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF 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 Planner: 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. Direct your written communications to the City Clerk Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:1ega1s:CCLGFRM2a) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE . CITY OF i- UNTIMGTON 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 Planner: Jason Kelley NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. i 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 j 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 Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 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 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on JANUARY 05.2006 at Costa Mesa, California. Signature CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: 2`�• c �3 LG '� ��xS' . ©l ; . J DEPARTMENT: MEETING DATE: l % D- a CO ACT: #4 ) � 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? ( ) (yC) ( ) If an appeal,is the appellant's name included in the notice? If Coastal Development Perini does the notice include appeal language? P � PP Is there an Environmental Status to be approved by Council? ( ( ) ( ) Is a map attached for publication? 9 P&4( ) ( ) ( ) Is a larger ad required? Size Is the verification statement attached indicating the source and accuracy of the mailing list? Are the applicant's name and address part of the mailing labels? Are the appellant's name and address part of the mailing labels? 00 C ( ) - If Coastal Development Permit, is the Coastal Commission part of the mailing labels? If Coastal Development Permit, are the resident labels attached? (X) ( ) ( ) Is the Report 33433 attached? (Economic Development Dept. items only) Pleas complete the following: 1. Minimum days from publication to hearing date d 2. Number of times to be published 3. Number of days between publications 21 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF 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 Planner: 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. Direct your written communications to the City Clerk Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:1ega1s:CCLGFRM2a) (����NOTICE OF APPEAL TO PLANNING COMMISSION ACTION OF ? -- L3 Date of Planning Commission Action J TO: Planning Dept. (2 copies) DATE: O City Attorney (1 copy) t FILED BY: cool� clj lnc�,2mhep V, -L A k�d REGARDING: Z - V Tentative Date for Public Hearing: Copy of Appeal Letter attached. LEGAL NOTICE AND A.P.MAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 15 DAYS PRIOR TO THE PUBLIC BEARING DATE Joan L. Flynn City Clerk X5227 Fee Collected CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Joan Flynn, City Clerk From: Jill Hardy, City Council Member�-� Date: December 14, 2005 Subject: APPEAL OF THE PLANNING COMMISSION DENIAL OF ZONING TEXT AMENDMENT(ZTA) NO. 05-031 LOCAL COASTAL PLAN AMENDMENT(LCP) NO. 05-01 (APPEALS— SPECIFIC PLANS) I hereby appeal the Planning Commission's denial of Zoning Text Amendment No. 05- 03/Local Coastal Plan Amendment No.05-01 (Appeals— Specific Plans) on December 13, 2005. The proposed amendments to Specific Plans was 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 Specific Plans. The City Council approved an "H-Item" on August 31, 2005, directing staff to initiate the Zoning Text Amendments to require a report to the City Council of the Planning Director's decision and to permit City Council Members to appeal the Planning Director's decision to the City Council within 10 calendar days. The Planning Commission denial of the ZTA and LCP amendments does not provide for that notification or appeal. xc: City Council a Planning Commission Penny Culbreth- Graft, City Administrator L o Paul Emery, Deputy City AdministratorPO Howard Howard Zelefsky, Director of Planning - c' E5 �s -� cn