HomeMy WebLinkAboutLocal Coastal Program 5/4/92 - 12/7/92 (See List in File _APPROVED BY CITY COUNCIL
,. 7/9�EQUE T FOR CITY COUNCIL ACTION
CIT�RK
Date December 7, 1992
Submitted to: Honorable Mayor and City Council Members
Submitted by: Michael T. Uberuaga, City Administrator�R�
Prepared by: Michael Adams, Director of Community Develop
Subject: RESOLUTION NO. G,4 SI WHICH ADOPTS LOCAL COASTAL PROGRAM
AMENDMENT NO. 92-3:ZONE CHANGE NO. 91-8 AND CODE
AMENDMENT NO. 91-13
Consistent with Council Policy? BO Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: N
STATEMENT OF ISSUE•
Transmitted for City Council consideration is Resolution No. 4 V5/
which is a request to adopt Local Coastal Program Amendment No. 92-3
which will incorporate Zone Change No. 91-8 and Code Amendment No.
91-13 (Magnolia Pacific Specific Plan) for the Ascon/Nesi Landfill
site into the City' s certified Local Coastal Program. The Zone
Change and Code Amendment were adopted by the City Council on
October 19, 1992. Local Coastal Program Amendment No. 92-3 will be
transmitted to the California Coastal Commission for final approval.
RECOMMENDATION•
Motion to:
"Approve Resolution No. 6 y.5/ which adopts Local Coastal Progam
Amendment No. 92-3 and transmit to the California Coastal Commission
for final approval" .
ANALYSIS•
The California Coastal Commission certified the City' s Local Coastal
Program in 1985 . The California Coastal Act requires that any
amendments to the Ordinance Code in the Coastal Zone be approved by
the California Coastal Commission. The method of transmitting Zone
Change No. 91-8 and Code Amendment No. 91-13 is to adopt a
resolution and then forward the resolution to the Coastal Commission.
P10 5/85 �-
Page 5 - Statement of Action - 10/19/92
A motion was made by MacAllister, seconded by Kelly, to approve Zone Change
No. 91-8 and Code Amendment No. 91-13 based on findings, to add Green Acres to
Page 16 of the Magnolia Pacific Specific Plan (Revised per Planning Commission
9-15-92) and to lower the end units by one story and no greater than six units
side by side, to require the equivalent of parking and sidewalk space to be
provided in open space in this development, and to stipulate that the maximum
density allowance would be 35 units per acre with 50' for height for
multi-family units, and to approve Ordinance No. 3177 as amended after
reading by title.
Findings for Approval - Zone Change No. 91-8/Code Amendment No. 91-13
1 . The proposed zone change and code amendment to establish the Magnolia
Pacific Specific Plan is consistent with General Plan Amendment No. 87-4
and the City' s General Plan by incorporating the goals and policies
regarding land use, circulation, recreation and housing.
2. Zone Change No. 91-8 and Code Amendment No. 91-13 are consistent with the
goals and policies contained in the Housing Element and the City' s
affordable housing program by providing housing opportunities including
affordable housing.
3. Zone Change No. 91-8 and Code Amendment No. 91-13 are consistent with the
City' s Coastal Element and the California Coastal Act by implementing
coastal policies providing affordable housing and requiring coastal
development permits in the Coastal Zone.
In answer to Councilmember Moulton-Patterson, the Community Development
Director stated the total number of units would be less than. 500.
The motion carried by the following roll call vote:
AYES: Robitaille, Moulton=Patterson, Winchell , Silva, Green, MacAllister,
Kelly
NOES: None
ABSENT: None
A motion was made by MacAllister, seconded by Moulton-Patterson, to approve
introduction of Ordinance No. 3178 after reading by title, approve
Development Agreement No. 91-2 between the City of Huntington Beach and NESI
Development Group finding the Agreement in conformance with the goals,
policies and objectives of the General Plan as amended to include the
following condition: A School Facilities Impact Mitigation and Reimbursement
Agreement shall be a condition of approval for any subdivision, tentative
tract, and/or parcel map within the Specific Plan. The Agreement shall
provide for the adequate mitigation of impacts on the school districts grades
K-12 affected by the project by providing adequate funding of school
facilities necessary to serve the student population generated by the proposed
development. This condition may be waived by the Board of Trustees of the
Huntington Beach City School District. The motion carried by the following
roll call vote:
AYES: Robitaille, Moulton-Patterson, Winchell , Silva, Green, MacAllister,
Kelly
NOES: None
ABSENT: None
Page 6 - Statement of Action - 10/19/92
Mayor Silva adjourned the regular meeting of the City Council and the regular
meeting of the Redevelopment Agency of the City of Huntington Beach to
5:30 p.m. , November 2, 1992, Room B-8, Civic Center.
ATTEST: Connie Brockway
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
Connie Brockway
City Clerk
STATE OF CALIFORNIA ) Jim Silva
County of Orange ) Mayor
City of Huntington Beach)
I, CONNIE BROCKWAY, the duly elected and qualified City Clerk of the
City of Huntington Beach, California, do hereby certify that the above and
foregoing is a true and correct Statement of Action of the City Council of
said City at their regular meeting held on the 19th day of October 1992.
WITNESS my hand and seal of the said City of Huntington Beach this
the 23rd day of November 1992.
Connie Brockway
City Clerk and ex-officio Clerk
of the City Council ,of- the City
of Huntington Beach, .California
Deputy .
REQUEST FOR CITY COUNCIL ACTIO '
Date July 20, 1992
Submitted to: Honorable Mayor and City Council Members
Submitted by: Michael T. Uberuaga, City Administrator
Prepared by: Michael Adams, Director of Community Develop
Subject: RESOLUTION NO. ('DW WHICH ADOPTS LOCAL COASTAL PROGRAM
AMENDMENT NO. 92-2: ZONE CHANGE NO. 90-12 AND ZONE CHANGE
92-1
Consistent with Council Policy? [ Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments:
STATEMENT OF ISSUE•
Transmitted for City Council consideration is Resolution No.
which is a request to adopt Local Coastal Program Amendment No. 92-2
which will incorporate Zone Change No. 90-12 and Zone Change No.
92-1 into the City' s certified Local Coastal Program. Local Coastal
Program Amendment No. 92-2 will be transmitted to the California
Coastal Commission for final approval.
RECOMMENDATION•
Motion to:
"Approve Resolution No. 16,1011 which adopts Local Coastal Program
Amendment No. 92-2 and transmit to the California Coastal Commission
for final approval" .
ANALYSIS•
The California Coastal Commission certified the City' s Local Coastal
Program in 1985 . The California Coastal Act requires that any
amendments to the City' s General Plan and Ordinance Code in the
Coastal Zone be approved by the California Coastal Commission. The
method of transmitting Zone Change No. 90-12 and Zone Change No.
92-1 is to adopt Resolution No. . 69�Oq- and then forward the
resolution to the Coastal Commission.
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No 5185
Zone Change No. 90-12:
On June 1, 1992, the Huntington Beach City Council approved Zone
Change No. 90-12 which changed the zoning on a 1. 76 acre parcel from
R2-PD-0I-CZ to R1-CZ. The Zone Change was requested by Pacific
Coast Homes which permits the construction of eight (8) single
family homes in the Seacliff Area (See Attachment 2) . As with all
properties in the Coastal Zone, prior to issuance of building
permits, a Coastal Development Permit will be required. All rules
and regulations contained in the City' s Coastal Land Use Plan and
the Coastal Commission regulations will be enforced.
Zone Change No. 92-1:
On June 15, 1992, the Huntington Beach City Council approved Zone
Change No. 92-1 which changed the zoning on three (3) parcels in the
Seacliff area (see Attachment 3) . Two (2) of the parcels are
located within the Coastal Zone boundary, therefore the City' s
Certified Local Coastal Program must be amended. Both Zone Change
requests are consistent with the City' s Coastal Land Use Plan, and
all coastal regulations will be enforced.
The request by Pacific Coast Homes to change the zoning on Parcel A
(1. 64 acre) from R2-PD-0-CZ to ROS-CZ and for Parcel C (1.96 acre)
from R4-01-CZ to ROS-CZ is consistent with the existing Coastal Land
Use Plan which depicts a recreation land use designation. Parcel B
is not located in the City's Coastal Zone area.
FUNDING SOURCE:
Not applicable.
ALTERNATIVE ACTION:
The City Council may deny Resolution No. 6�� which prevents Zone
Change No. 90-12 and Zone Change No. 92-1 from becoming effective.
ATTACHMENTS:
1. Resolution No.
2 . Location map of Zone Change No. 90-12
3 . Location map of Zone Change No. 92-1
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RESOLUTION NO. 6404
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, ADOPTING
LOCAL COASTAL PROGRAM AMENDMENT NO. 92-2
SEACLIFF AREA ZONE CHANGES
WHEREAS, after notice duly given pursuant to Government Code
Section 65090 and, as required by Public Resources Code Sections
30503 and 30510, the Planning Commission and the City Council of
the City of Huntington Beach each held public hearings to
consider the adoption of zone change No. 90-12 and zone change
No. 92-1, and
Both zone changes were determined to be consistent with the
certified Huntington Beach Coastal Land Use Plan and 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, BE IT RESOLVED by the City Council of the
City of Huntington Beach that Local Coastal Program Amendment No.
92-2 which includes zone change No. 90-12 and zone change No .
92-1, are hereby adopted.
BE IT FURTHER RESOLVED the Huntington Beach Local Coastal
Program Amendment No. 92-2 will take effect automatically upon
Coastal Commission approval subject to Public Resources Code
sections 30512, and 30519 .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting held on the 20th day
of July 1992 .
Mayor
ATTES APPROVED AS TO FORM:
City Clerk City Attorney
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REVIEWED ND OV INITIAT ND APPROVED:
i Administrator 41rDirector of Community Development
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HUNTINGiON BEACH
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Zone Change No. 91-8/Code Amendment No. 91-13 :
These entitlements will implement the Magnolia Pacific Specific
Plan. The Specific Plan will establish the zoning designation and
includes development standards for the approximately 40 acre Ascon
Landfill (Rotary Mud Dump) site at the southwest corner of Magnolia
Avenue and Hamilton Street.
On October 19, 1992, the Huntington Beach City Council approved Zone
Change No. 91-8 and Code Amendment No. 91-13 which changed the
zoning from LUD-O-CZ-FP2(Limited Use District, Oil Production,
Coastal Zone-Floodplain) to Magnolia Pacific Specific Plan. The
zone change and code amendment is consistent with the existing
Coastal Land Use Plan which depicts a Medium Density Residential
land use designation for the site. All rules and regulations
contained in the City' s Coastal Land Use Plan and the Coastal
Commission regulations will be enforced. Therefore, based upon the
property being located in the Coastal Zone, prior to issuance of
building permits, a Coastal Development Permit will be required.
FUNDING SOURCE:
N/A
ALTERNATIVE ACTION:
The City Council may deny Resoultuion No. �`S � which prevents Zone
Change No. 91-8 and Code Amendment No. 91-13 from becoming
effective" .
ATTACHMENTS:
1. Area Map
2. Resolution No. Cp'�SI
3 . City Council Minutes dated October 19, 1992
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HUNTINGTON BEACH
HUNTINGTON BEACH PLANNING DIVISION
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RESOLUTION NO. G �S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, ADOPTING
LOCAL COASTAL PROGRAM AMENDMENT NO. 92-3
Magnolia Pacific GENERAL PLAN AND SPECIFIC PLAN
WHEREAS, after notice duly given pursuant to Government Code
Section 65090, the Planning Commission of the City of Huntington
Beach held a public hearing as required by Public Resources Code
Sections 30503 and 30510, to consider the adoption of . the
Magnolia Pacific Specific Plan and recommended to the City
Council for adoption, and
The City- Council, after giving notice as prescribed by law,
held public hearings regarding the adoption of the Magnolia
Pacific Specific Plan wherein the City Council determined that
the Magnolia Pacific specific Plan is consistent with the
certified Huntington Beach Coastal Land Use Plan and Chapter 6 of
the 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, BE IT RESOLVED by the City Council of the
City of Huntington Beach that Local Coastal .Program Amendment No.
92-3 which includes the Magnolia Pacific Specific Plan is hereby
adopted.
BE IT FURTHER RESOLVED that pursuant to Coastal Commission
Regulations Section 13551(b) , Huntington Beach Local Coastal
Program Amendment No. 92-3 will take effect automatically upon
10/92 :362 :SLk 1
Coastal Commission approval subject to Public Resources Code
Sections 30512, 30513 and 30519 .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting held on the day
of 1992 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED ACID APPROVED:
J7 r
City A inistrator Director of Community Development
10/92 : 362 :SLk 2
STATEMENT OF THE ACTION OF THE CITY COUNCIL
Council Chamber, Civic Center
Huntington Beach, California
Monday, October 19, 1992
A videotape recording of this meeting is
on file in the City Clerk's Office.
Mayor Silva called the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to order at 7 p.m.
ROLL CALL
PRESENT: Robitaille, Moulton-Patterson, Winchell , Silva, Green, MacAllister,
Kelly
ABSENT: None
(City Council) PUBLIC HEARING - ZONE CHANGE NO. 91-8 - APPROVED AS AMENDED -
CODE AMENDMENT NO. 91-13 - APPROVED AS AMENDED - DEVELOPMENT AGREEMENT
NO. 91-2 - APPROVED AS AMENDED - MITIGATED NEGATIVE DECLARATION NO. 91-43 -
APPROVED - NESI DEVELOPMENT GROUP (ASCON) LANDFILL SITE) - 21641 MAGNOLIA AVE
- ORDINANCE NOS. 3177 & 3178 - INTRODUCTION APPROVED AS -AMENDED- (450.20)
The Mayor announced that this was the day and hour set for a public hearing to
consider the following:
APPLICATION NUMBER: Zone Change No. 91-8 - Code Amendment No. 91-13 -
Development Agreement No. 91-2 - Negative Declaration No. 91-43
APPLICANT: NESI Development Group/City of Huntington Beach
LOCATION: 21641 Magnolia Avenue (southwest corner of Magnolia Avenue and
Hamilton Street) former Ascon Landfill Site.
ZONE: LUD-0-CZ-FP2 (Limited Use District-Oil-Coastal Zone-Floodplain)
RE UEST: To establish a Specific Plan for Magnolia Pacific which contains the
Zoning and Development Standards for 39.4 gross acres and the potential
development of 591 units. A Development Agreement between NESI Development
Group and the City of Huntington Beach which will establish a maximum
allowable number of 591 dwelling units, require clean-up of the site, require
all public improvements, require 10% affordable housing, and require payment
of all applicable fees.
ENVIRONMENTAL STATUS: The proposed project is covered by Mitigated Negative
Declaration No. 91-43.
Page 2 - Statement of Action - 10/19/92
COASTAL STATUS: The proposed zone change and code amendment will result in an
amendment to the City' s Local Coastal Plan. The Development Agreement is
located in the City' s Certified' Coastal Zone. Pursuant to Section 989.5.1 of
the Huntington Beach Ordinance code, the proposed development agreement is
exempt from coastal development provisions.
The City Clerk presented Ordinance No. 3177 for Council approval - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE SECTIONS 9061 AND 9300 TO PROVIDE CHANGE OF ZONING FROM THE
CURRENT ZONING CLASSIFICATIONS TO MAGNOLIA PACIFIC SPECIFIC PLAN ON REAL
PROPERTY GENERALLY LOCATED SOUTH OF HAMILTON AVENUE, EAST OF MAGNOLIA STREET,
NORTH OF EDISON POWER GENERATING PLANT WEST OF AN INDUSTRIAL COMPLEX; ZONE
CHANGE 91-8 AND CODE AMENDMENT 91-13."
The City Clerk presented Ordinance No. 3178 for Council approval - "A
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NESI INVESTMENT
GROUP."
Legal notice as provided to the City Clerk's Office by staff had been mailed,
published, and posted.
The City Clerk distributed a communication in opposition to the project from
Jerry Buchanan, Assistant Superintendent, Business Services, Huntington Beach
City School District, dated October 16, 1992.
Herb Fauland, Project Manager, presented a brief history of the site and
explained the Development Agreement.
Discussion was held between Council and staff pertaining to the cleanup cost
of the site.
The Mayor declared the public hearing open.
Tom Mungari spoke on behalf of the NESI Development Group in support of the
project and presented the project history.
Kerri Kennedy, At-Large Board Member for the Huntington Gallary Homeowners'
Association, presented a communication to the City Clerk. She stated she was
a licensed professional chemical engineer and that she believed that rezoning
the property should be contingent on remedial action.
Jerry Buchanan, Assistant Superintendent/Business Services, Huntington Beach
City School District, stated he was in opposition of the project unless
language was included in the Specific Plan to mitigate for education.
Cynthia Pacheco, Gail Kawata, Bev Iwanabe, Peter Minko, Madeleine Andor, Cathy
McGuff, Roy Carlson, Charlotte Kimball , Terry Johnston, Beth Mowli , Michael
Villeneuve, Keith Tucker, Brian Rechsteiner, Greg Brenner, Richard Loy, Kent
Loy, Paul Cronmiller, and George Arnold spoke in opposition to the project due
to high density, site cleanup, no adequate means of mitigation for the
schools, and potential health hazards.
Steven Clark, ad hoc committee member, spoke in opposition of the project. He
stated the committee needed to know that NESI would comply with a performance
bond and a letter of credit with the state.
Elizabeth Cutler spoke in opposition the project and to rezoning the site in
relation to the concerns of the property owner selling the site.
Page 3 - Statement of Action - 10/19/92
The City Administrator responded.
Beverly Titus, ad hoc committee chairman, spoke in opposition to the project
due to high density. She stated the Development Agreement benefited the
developer and not the city. She stated that if the property were sold, the
new owner would have to re-negotiate with the state. She requested that the
Agreement be reviewed.
James Rogers, project architect, spoke in support of the project and stated he
was available for questions.
Richard Harlow spoke in support of the project.
Roy Carlson presented a petition to the City Clerk dated October 19, 1992
bearing approximately 19 signatures of persons urging Council to not enter
into any contractural agreements with the property owners that will
financially obligate the City/Taxpayers in any manner whatsoever, and to limit
the number and types of dwellings as well as the size of each lot so that they
would conform to the adjacent areas, and not to allow or approve building of
apartments, condominiums, or low income housing.
There being no one present to speak further on the matter and there being no
further protests filed, either oral or written, the hearing was closed by the
Mayor.
Tom Mungari answered questions from Councilmember Green stating when meetings
had been held with homeowners. He also stated there were no plans to sell the
property. He stated that NESI could reduce the density to 35 units per acre
and reduce the height by 10 feet.
Haissam Salloum, Department of Toxic Substance Control , stated he was he lead
agency for the cleanup and that there.was an approved agreement with NESI to
remove the liquid from the site.
Kerri Kennedy stated there were 45 million gallons involved in the cleanup.
She stated that NESI had the permit for two months and she asked why they had
not started the cleanup.
Haissam Salloum, Department of Toxic Substance Control , answered Council
inquiries pertaining to monitoring, school mitigation, plans currently
approved, and the requirement of an additional security document. He also
answered questions pertaining to a diesel engine that delayed the process by
eight months and the cleanup mitigations in the Negative Declaration.
The Community Development Director stated that according to Page 103 of the
schedule the site could not be sold without City Council approval .
In response to Councilmember Winchell , the Community Development Director
stated that the strength of the activities schedule was in being in default of
the agreement if not followed. He stated the default language was on page 21
of the agreement.
Howard Zelefsky, Planning Director, stated there was also an annual review for
compliance.
In answer to Councilmember MacAllister's inquiry, the Community Development
Director stated the schedule would need to be adjusted because of the eight
month delay of the project.
Page 4 - Statement of Action - 10/19/92
Kent Loy spoke pertaining to clarification of configuring the height
measurement.
Discussion was held between the Community Development Director and
Councilmember Winchel pertaining to height measurement.
The City Attorney reported that the property could not be sold without the
consent of the city.
A motion was made by MacAllister, seconded by Kelly, to approve the Mitigated
Negative Declaration No. 91-43 and to direct the developer to meet with city
school staff and with city staff to attempt to come up with mitigation.
The Community Development Director stated the direction was not necessary
because the concern is already present in the Negative Declaration.
The City Clerk clarified the motion.
The motion was restated by MacAllister, seconded by Kelly, to approve the
Mitigated Negative Declaration No. 91-43. The motion carried by the following
roll call vote:
AYES: Robitaille, Moulton-Patterson, Winchell , Silva, Green, MacAllister,
Kelly
NOES: None
ABSENT: None
A motion was made by MacAllister, seconded by Kelly, to approve Zone Change
91-8, Code Amendment 91-13, and to stipulate that the maximum density
allowance would be 35 units per acre with 50' for height for multi-family
units, and to approve Ordinance No. 3177 as amended after reading by title.
Councilmember Winchell requested that the following suggestions be added to
the motion: to add Green Acres to Page 16 of the Magnolia Pacific Specific
Plan (Revised per Planning Commission 9-15-92) and to have the end units one
story less and no more than six units in a row to be included on Page 41 of
the Magnolia Pacific Specific Plan (Revised per Planning Commission 9-15-92) .
The maker of the motion agreed to the additions.
Following discussion, Councilmember Winchell recommended that the project have
standard 40' streets to accommodate parking on each side of the street.
Richard Harlow stated that the project complies with the existing Police
Department standards for private streets. He stated that the parking lane was
eliminated because due to the lot widths it was not possible to park on the
street.
James Rogers, project architect, reported on the design of the lots as they
would pertain to on-street parking. He stated the driveways were too close to
park on the street.
Following discussion, an amendment to the motion was made by Winchell ,
seconded by Green, to require that the land lost in parking and sidewalk area
to be common open space. The motion carried by the following roll call vote:
AYES: Moulton-Patterson, Winchell , Silva, Green, MacAllister
NOES: Robitaille, Kelly
ABSENT: None
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HUNTINGTON BEACH
HUNTINGTON BEACH PLANNING DIVISION
Res. No. 6404
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at, least a majority of all the members of said City Council
at a regular meeting thereof held on the 20th day
of July 19 92 , by the following vote:
AYES: Councilmembers:
Robitaille, Winchell, Silva, Green, MacAllister, Kelly
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Moulton-Patterson
i y Clerk and ex-officiavClerk
of the City Council of the City
of Huntington Beach, California
�d
I
REQUEST FOR CITY COUNCIL ACTION
71619 �� Date June 15, 1992
Submitted to: Honorable Mayor and City Council Members
Submitted by: Michael T. Uberuaga, City Administrato
Prepared by: Michael Adams, Director of Community Developmen
RESOLUTION NO. 6 3 95 ; AGREEMENT AND ACCEPTANCE OF
Subject: THE CALIFORNIA COASTAL COMMISSION'S ACTION TO APPROVE
LOCAL COASTAL PROGRAM AMENDMENT NO. 90-2
Consistent with Council Policy? (A Yes [ ] New Policy or Exception
R"i
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: aw'd
STATEMENT OF ISSUE•
Transmitted for your consideration is Resolution No. 6 3 95 which
agrees and accepts the Coastal Commission' s action to approve Local
Coastal Program Amendment (LCPA) No. 90-2 with modifications . LCPA
No. 90-2 represents Zone Change No. 88-18 to rezone the non-
certified (white-hole area) of the City along PCH between Beach
Blvd. and the Santa Ana River.
RECOMMENDATION•
Motion to :
"Adopt Resolution No. 6-3 9s' accepting the California Coastal
Commission' s action to approve Local Coastal Program Amendment No.
90-2 as modified" .
ANALYSIS•
On February 20, 1990, the City Council approved Zone Change No.
88-18 to rezone a 232 acre area along the inland side of Pacific
Coast Highway between Beach Blvd. and the Santa Ana River channel in
order to achieve consistency with the adopted Land Use Plan and to
complete certification of the subject area and the Local Coastal
Program. The rezone consisted of the following:
• designating a 7 . 0 acre area at Pacific Coast Highway and
Beach Blvd. as Visitor Serving Commercial (VSC) ;
• applying the Coastal Zone (CZ) suffix to 83 acres of
existing Edison Facilities; and,
• affixing the Coastal Conservation (CC) suffix to the
existing zoning on the remaining 142 acres (see attached
map) .
F _ 04,
�10 5/85
The zone change was subsequently submitted to the California Coastal
Commission for certification. At a public hearing on May 12, 1992,
the Coastal Commission certified LCPA No. 90-2 with modifications
(see attachment no. 3) . There are six modifications that the
Coastal Commission approved which further clarifies the intent of
the Coastal Conservation (CC) suffix. The following is a summary of
the modifications:
1. Amends Section 9422.'1(f) to reinstate the complete definition
of wetlands as originally approved by the City and Coastal
Commission in 1985 .
2. Amends Section 9422 .2 . 1 and 969 . 9 .21(a) to require a conceptual
development plan and environmental studies for seven parcels at
Beach and Pacific Coast Highway (see attachment no. 5) should
any portion be proposed for development . Also requires that an
easement, dedication or similar mechanism to assure permanent
protection of wetlands against unpermitted development and/or
uses . It should be pointed out that this provision only
applies if the seven parcels are under common ownership and
geographically contiguous at said time of development of any
parcel(s) . In otherwords, should the parcels be owned by
different individuals at time of a development proposal, this
provision is inapplicable.
3 . Amends 9422.3 relative to the content of certain findings that
must be approved prior to removal of the "CC" suffix.
4 . Minor language change to Section 9422.4 .
5 . Amends Section 9422 . 6(a) by expanding the uses permitted
pursuant to a conditional use permi-t in accord with the Coastal
Act.
6 . Minor language change to Section 9422.9 .
These modifications are necessary to bring the zoning into
conformity with and adequate to carry out the applicable provisions
of the certified Huntington Beach Land Use Plan for the subject area.
If the Resolution is not approved, the City will not have a
certified Local Coastal Program for the area and the zoning will
remain inconsistent with the approved Land Use Plan. Without a
certified LCP, all uses and development proposals are subject to the
Coastal Commission' s approval rather than the City. In addition,
inconsistent zoning increases the City' s exposure for legal
challenge.
Environmental Status :
This project is exempt from further environmental review pursuant to
the CEQA. No additional action is -necessary.
RCA -2- (3550d)
FUNDING SOURCE:
Not applicable.
ALTERNATIVE ACTION:
The City Council may not adopt Resolution No. 39� Such action
will nullify LCPA No. 90-2 as modified.
ATTACHMENTS:
1. Resolution No. IC-3 95 accepting the CCC' s modification to LCPA
No. 90-2.
2 . Zone Change Area Map
3 . Coastal Commission' s Modifications .
4 . City' s Original Language for the "CC" Suffix
5 . Parcel map of parcels cited in Section 9422.2. 1
6 . Certified Land Use Plan
MTU:MA:SH: lp
RCA -3- (3550d)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE C Y OF
HUNTINGTON BEACH, CALIFORNIA, WHICH ACKNOWLE ES RECEIPT
OF THE COASTAL COMMISSION ACTION AND ACCEPTS ND AGREES TO
LOCAL COASTAL PROGRAM AMENDMENT NO. 90-2
(ZONE CHANGE NO. 88-18) AS MOD IED
WHEREAS, the California Coastal C ission reviewed and
approved Huntington Beach Local Coastal ogram Amendment No. 90-2
as modified at the May 12, 1992 Coastal ommission hearing; and
Section 13544 . 5 of the Coasta Commission Regulations
require the local government to acce t and agree to the modification
by resolution; and
Upon the City Council action staff will forward Resolution
No . for final Coastal Co ission certification;
NOW, THEREFORE, BE IT ESOLVED by the City Council of the
City of Huntington Beach does accept and agrees to the Coastal
Commission' s approval of Loc 1 Coastal Program Amendment No . 90-2 as
modified.
PASSED AND ADOPTE by the City Council of the City of
Huntington Beach at a re ular meeting held on the day of
992.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney ,4REMWWD AND 0 D: INITIATED AND APPROVED:
6
Cit Admin strator Director of ommunity Development
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LoA�7 AL, M0121'FICATI�I�S
Certification of the implementation Plan Amendment is
subject to the following modifications:
1 . Wetlands Definition
9422.1 (f) Wetland shall mean lands within the coastal zone which may
be covered periodically or permanently with shallow water and include
salt water marshes, freshwater marshes , open or closed brackish water
marshes, swamps, mudflats and fens.
2. Development on Geographically Contiguous Parcels Under Common Ownership
9422 . 2 . 1 As applicable to parcels described as Assessors Parcel
Numbers 148-011-01 , 148-011-02 , .114-150-26 , 114-150-51,
114-150-53 , 114-150-58 , and 114-150-55 , development for any parcel ,
or portion thereof , shall be permitted only pursuant to an overall
development plan for all above parcels , if at said time of
application the parcels are geographically contiguous and under
common ownership-. As part ot any such application the
app icant shall include topographic , vegetative , hydrologic and soils
information , prepared by a qualified professional and reviewed and
concurred in by the Oppartment of Fish and Game , which identifies the
extent of any existing wetlands on the property. Conservation
easeinents , 'dedicat.ions or other identified similar mechanisms shall
be regiiired over all wetland areas as a condition of development , to
assure permanent protection against development inconsistent with
sections 9422 . 5 - 942.2 . 7 . Specific drainage and erosion control
requirements shall be incorporated into the project design to ensure
that' wetland areas are not adversely affected . No further
subdivision of any parcel shall be permitted which would have the
effect of dividing off environmentally sensitive habitat from other
portions of such parcels for which urban uses are permitted in the
City' s Coastal Element until such time as the permanent protection on
any wetland is assured .
Alternatively, if an owner of geographically contiguous parcels
wishes to develop only those parcels which have Coastal Element land
use designations other than Conservation , the required overall
development plan and coastal development permit application is not
required to include the wetlands def.ennination as stated above
However a conservation easement, dedication or other identified
similar mer.ha.nism shall be required over all parcels which have a
Conservation land use designation . The conservation easement may be
removed from those parcels or portions thereof which are found not to
contain wetlands through a subsequent overall development plan and
coastal development permit application which shall include a wetlands
determination as specified above . The above drainage and erosion _
control and no further subdivision provisions also apply under this
alternative.
Public vehicular traffic (the extension of Hamilton Avenue) shall be
permitted in wetland areas governed by a conservation easement
provided the road is constructed in a manner consistent with Section
9 .4 .5; Area 1 (Beach Blvd . . to Newland Street) and Section 6.
Environmentally Sensitive Habitat of the certified Land Use Plan
it
I ;
I ! -
4
969 . 9 . 21(a) As applicable to parcels described as Assessors Parcel
Numbers 148-011-01, 148-011-02, 114-150=26, 114-150-51,
114-150-53 , 114-150-58, and 114-150-55 , development for any parcel ,
or portion thereof , shall be permitted only pursuant to an overall
development plan for all above parcels , if at said time of
application the parcels are geographically contiguous and under
common ownership. All provisions of Section 9422 . 2 . 1 shall be
applicable .
3. Removal of the CC Suffix
942.2..3 Coastal conservation suffix--Removal of. Prior to removal of
the Coastal Conservation suffix (-CC) , the following findings shall
be made:
�rsrr�c��c�frrX/ray'�rrlXrr�/rrs�r�cX�x�����s�►rXlpsi'lxrr�/��rr�t�x/dx��l/�9/Xrr�/
EX�/d9/NdrfX�rf�XrSr(/K��ldH� No wetlands exist on the subject
parcel as determined by a site-specific topographic, vegetative
hydrologic and soils analysis of the subject parcel prepared by
a qualified wetland biologist or other qualified professional
and reviewed and concurred in by the Department of Fish and
Game• and
(b) That the proposed removal of the suffix is in accordance
with the policies, standards and provisions of the California
Coastal Act; and
(c) That there is no feasible, less environmentally damaging
alternative site for any proposed land use or development which
may be allowed under California Public Resources Code sections
30233(a)(1 ) and 30264.
Any such removal of the Coastal Conservation suffix (-CC) shall
constitute an amendment to the Tmolementation Plan and, if
applicable, the land Use Plan portion of the local Coastal Program
Pursuant to Section_30514 of the Coastal Act an LCP amendment shall
not take effect unless and until it has been effectively certified by
the California Coastal Commission.
4. General .Uses:
9422.4 The uses set out in this article shall only be allowed where
there is no feasible, less environmentally damaging alternative and
where IdWM47 feasible mitigation measures have been provided.
I :.
36
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5. Conditional use permit required:
9422..6(a) New or expanded port. ' energy and coastal dependent
industrial facilities, including commercial fishing facilities .
(d) Only in coniunct ion with restoration plans , new flood
control facilities where necessary
for public safety and to protect existing development in the
flood plain.
(i) Habitat Restoration protects.
6. Development standards--Mitigation measures:
9422.9 Before any application is accepted for processing, the
applicant shall meet the following standards of this article, and
shall incorporate into the project design any feasible mitigation
measures which will aVd;E XU minimize adverse environmental
effects.
I ,
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9421 . 1--!3422
9421 . 1 Permitted uses . _: ( 4). _.The._ following uses. sh 1 be
permitted: - :
B. Beaches
P. P ' vate boat ramps, slips, docks,-cant evered decks,
' ndscreens and boat hoists in conj ction with
. ad ' cent single family dwellings
Publi boat ramps and piers
( b) Conditi ai= use- ermit . _ The. f lowing_. public and
semipublic. uses sh_ . I- be permitted su ect to. the'_ approval
of a conditional`_ use ermi-t by the anning commi-ssion:
R. Boat reTat:ed- a, ivity
-Boat slips
D .. Docks
M.. Marine fueling do s -
S . Sight-seeing- v sels•
Sport fishing -
W. _Water taxi ervice- (Orc .. 28 , 2 Oct 86; Ord. 2752,
4/85; - Ord. 2704, /84; Ord . 2659, 12 3)
9421 . 2 D-e lopment standards. ( a).-. N use sha-11 be sited
or designed s as to obstruct public access any .sandy beach
or public u area., -
/as
deck or structure 'shall extend more t -n five ( 5).
f in front of any bulkhead _ in - any channe except for
ar brow for access to a- gangway - for a dock. No -
sall. extend beyond the bulkhead, in : an area i enti-
fironmentally sensit .ve such- as- but not limit to,
es and mudflats. ( card . 2862, 2 Oct- 86; Ord. 752,
42704 , 7/84)
9422 General Provisions--Coastal conservation district .
The purpose of: the. coastal conservation. district is to imple-
mont the gen-e,ral -plan. l.arid .-use designation of- .,open space con-
-. ...._.._... _ _ .
servation', and provide f. -r protect ion;:--maintenance, restoration
and enhancement of wetlands and .environme_n't-all-y sensitive habi-
tat areas located within -the coastal : zone while permitting
appropriate land. uses. -(Ord. , --2886,. 3i _Dec 86i -Ord. 2862,
10/86)
7/87
.,.......
128 - YJ � iYl►� `q
9422. 1--9422. 3
9422. 1 Definitions. The following words and phrases shall
be construed as define define3 herein unless the context clearly indi-
cates otherwise :
(a) Energy facility shall mean any public or private
processing, producing, generating, storing, transmitting, or
recovering facility for electricity, natural gas, petroleum,
coal, or other source of energy.
(b) Environmentally sensitive (habitat ) area shall mean a
wetland or any area in which plant or animal li a or .their
habitats are either rare or especially valuable because of
their special- nature or .role in an ecosystem and which could be
easily disturbed or degraded by human activities and develop-
ments.
(c) Feasible shall mean capable of being accomplished in a
successful manner within a reasonable period of time, taking
into account economic, social , and technological factors.
(d) Functional capacity shall mean the ability of an
environmentally sensitive- area to -tie self-sustaining and• to
maintain natural species diversity.
(e ) Significant disruption shall mean having: a substantial
adverse effect upon the functional capacity.
(f ) Wetland shall mean lands within the coastal zone which
may be covered periodically or permanently with shallow water
and include salt water marshes, swamps, mudflats and fens.
(Ord. 2888, 31 Dec 86; Ord. 2862, 10/86)
9422. 2 Coastal conservation suffix (-CC) . There is hereby
established the suffix -CC to be appended to any base
district to denote and protect environmentally sensitive
areas. Such suffix shall take precedence over any other
district designation. (Ord. 2888, 31 Dec 86)
9422. 3 Coastal conservation suffix--gemoval of . Prior to
removal of the coastal conservation suffix (-CC) , the following
findings shall be made :
( a) That the underlying district designation is consistent
with the coastal element of the general plan of the city of
Huntington Beach;
( b) That the proposed removal of the suffix is in ac-
7/87
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129
9422. 4--9472. 6
cordance with:- the,-,polici and;-provisions-of-the
Californi -a stal.-Act --A d-'--
-!Coa n,
- --(c )- - That- there. is no feasible, g.ssewv irohmen a' iiy
damaging alternative- - site for any pr4b§ed -land,pment�-,.--w1-c use. or
h h!:Ji 1-l`6JW6-d--Vrfd6.r� California Public -
. -m. Ay�� a---
Resources Codesections 30233 a and-- 3026'4,-.. 885
31 Dec
A
94-2.2.. 4 Uses generally. T'h'e uses -set out'�Iin�,this article
--:
-shadl--onl be- al-lowed where there. is.-- no. f eas ible ,,_.less environ-
men magi ng-alternative,
-t-61-1y, damaging;; er.nativp-and. .where p 1 mitigation
--F 1766e
8887e3 �:!-I ec---
measui.es-. ivi.'
_p� provided.--
Or(f.%-- -7 .-2 8 6 2,: 1-0/ Y
9422. 5 Use- permit required. . The following uses shall- be
pe r m.itted i-rx ,the-ccoasta-1 _conservation diitr-i-ct upon approval of
a use board- ..zonl-nq, .a jus me: n S':
-of..
s
rvice Jec s suc as-,---but�-lide.
--(a) --Incidental i . public.--s4E
-IE��t:To- Y - - i6.fe`s'----'a'-:n-d�-
-Ying�� c�
f
( b) maintenance of existing ee'i-cknd7�-utt :it
r ud.t stures:,-A.00. -.Dec 86;. .Ord:'--- 28621- 10/86).
io-Ral se '-"The- f bl 9 .
9422 . 6 Condit ' u Perm t' fequire
uses may=be..,-permitted:-,upon-.a ,proval of,.,a .conditional use permit
by---the:-..planning,--commission:
r
7j
-
( a) New. or,.expLapded-,-,,�pergy,--an 6 dependent
industrial facilities. -
(
b.)- Diki-ng, dredging-;:and. fill.ing..necessary- for the
protect-'i7'-o-'n-'-,-.--',--'m--�i-'lntenance-, restoration- or enhancement o the
area I S= f Uncti onalw cap.apAty as- a: habitat:----,- -
(c) Provision for existing flood control facilities where
the prima,ry--, --p-urpqsLe.� .1s: ,t-ot--mai.ntain--ex.i.s,t.i.ng capacity, necessary
o r-. ublkc-sa -,et f P f -e
j �,eve ppm-ent- in t
flood. p1a i n;.r--,- No:;-.-ma-intenance,-act iv-1-r-le.s sliO Permitted
which. -have. the l- be"' ".maintenance
ntenance
...effect-.:6f d,raining wer- an s. Such''
activities m a 5r-. '.i-qc I u 4-�- -mad.n-t e'n a-ni qe--dredging of 'Iess- than
10 0,0.0 0:-..c u b iq;,-y4,r4A� a-,twe-1.v,e- mont4 .p` rkp 1A,
ning-
: � . t: - -
in,pl-ace --artj-f-i-cial-,channels.;. . i :existing
levees;- changes-: in t e cross .SE-ction. o th6 'Criter1Ve- dlign'del to
accommodate the;,:_des 'n ,ca a
chaffibelt'-wh"en -no- widening of
the top n-
-dimesions. or .-widening; of `the, out-e:i ; leveqi is 'required.
7/87 of
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130
1
9422.7--9422.8
(d) New flood control facilities in conjunction with plans
where necessary for public saiety and to protect existing de-
velopment" in- the flood plain:- =
(e) Mineral extr$ction,- including sand for- beach restora-
tion.:.except-•-in- environmentally. sensitive areas. -
(f) Pedestrian Erails--and --observation platforms--for pas-
sive nature study, including bird -watching and the- -study- of
flora and fauna. Such uses • may ,be l,ocated- 'within " n environ-
mentally sensitive habitat area provided that they are immedi-
ately adjacent=- to the area 's :per.ipheral edge.
---------.- (g_) Maintenance_of--exist-of --or- restoration-of_previously._:
- - - dredged- depths-of--navigational- channels,-=turning--basins,.--vessel
berthing and mooring areas, and boat -launching ramps. -
(h) Entrance channels for new or expanded boating facili-
ties- in- a: wetland area ,,may be. permitted. In. a degraded ,wet-
land-, -identified=;-by-:the:-state department of :fish and game pur-
__ - suant- to--Cal fornia Public_-Resources Code - sect ion-_3041:1(b)
_ such facilities may_ e. permiti e _ a su -stantidl_ por tion of. _
- ttie degraded' wetleind`-i"s res_to`—ed"---and maintained'-7a� a- biolog=-- -
- ical.ty--productive wetland: - Tt;e maximum -area -of'* tfhe "1-6'E`and
used for_boating __facilities# including berthing spacN,� turning
basins, necessary navigation channels, and any necessary sup-
port der"vice-_facilities, shall be twenty-five (25$) percent of
_ _the total°_degraded--wetland-' area-.
( i ) Nature study, aquaculture, or . similar resource
dependent activities. (Ord.- ' 2888, 31 Dec- 86; Ord'. -- 2862-,
10/86 )
9422 .7 Prohibited uses. Any use or structure not ex-
pressly permitted shall be prohibited. (Ord. 2888, 31 Dec 86;
Ord. 2862, 10/86)
9422 . 8 Required permits and agreements. Before any appli-
cation is accepted for processing, proof shall be provided that
the' necessary- state and federal`--regulatory permits or agre.e-
"ments nave been- obtained, or a statement from the regulatory
body that such permits are not required shall be submitted:
(a).` United States• Army Corps of Engineers: S . 404 and
S . 10 permits; - =
(b) California Department of Fish and Game: 1601-1603
agreement-; _
7/87
,Ad,
131
9422 .97-9422 . 11
(c)-" State Watery Resour.ce,.Control Boar ;('permit depends on
the. operation).; -
(d) Reg ional,__;water- quality :contr:ol. bo..ard-(permit,,depends
on operation) ;: - - P` Y
- _ _. p. _ •4. 3 C
(e)_ ..: Cali_-fornia-state lands-.commisaion permit. (Ord:
,,_2888 3l Dec 8.6;- .,Ord-. 2862, 10/86)
. ... ...-- - v .... - .. - s •7 a. ._- a .'r:., „ ., _
9422 :9 Develo ment-standards-=Miti�a -ion measures,. .
Before
- - - any =app cat on-us- accepte - for-processing;; ;t a-app,. cant ,shall
-. ------ -meet=they following^•:standards,- of-_this-_art-ic-le-,- and . shall incor- - _..
po.rat gn,_,anyi:_feasible-;.mitigation •measures
whidh ,will moderate adverse environmental effects.
(Ord , 2888,_. 31-_ Dec. 87;-._ Ord 2862, 10/86) ----- ----- -- _ .._..._:
• _- -- , _ --s� r _ ...:.:+ a .. "t1G it:.i .. .';':�..s _y 1)c.-r1
9422:10_ --.Miti ation measures=.=Died in - .If the project. -
-invoives7any dredging,---m �tigat-ion, measures-.shall- include _ the
- following• - --- — - - - -
- - - bredgrng• and .sppls disposal shallbe ,planned and;-.car-
(a) -
ried--out;_,to�avoid: significant_ disruption to. wetland habitas
and_-to;.watex-,circulation.-.- - - -
(b) Limitations may be- imposed-_on they timing _of tfie
operation, the type of operation-,_,.the q.uantity.:of dredged_ T.
material removed,,,-and-] tbe�loca:tion.:of the, spoil site.-�.:
T.
(c) - Dredge spoils suitable for;r.bea ch.
�_repienishmen :shall ,
where feasible, be:: transported to
- appropr:iate beaches or into
suitable longshore current systems .
(d) Other-.mit'igation.beasur=es may.anc3ude .open-i_n%. up areas
to tidal action-,= removi-ng,:dikes,_: improving.: 't dai_ :lush_ing, or
other restoration measures : :(Ord:: : -28.88; .31.. .Dec- ;86;
Ord.- 2862, 10/86) a_.. _ CI -
9422 . 11 Mi.ti;gat-ion:•mea;sure-s--D.i:k:ing.•..oxzT:filling. If; the.
project involves:- dik- ng.::or_=filing; of a ;w_etland tjie: following
minimum mit-i-gat-.iori- measures shall apply. These mitigation
measures shall not be required for temporary or short-term fill
or diking= if_ a_ bond::.orr;other _ey 4e:nce .,of_,f -nancial responsi
bility is: .prov:ided. to-zassuxe :.t:hat::rest;oration _wi•11: be Faccom-
plished .in --the:- shortest feasible time. - v
(a) If: an 'zappropr -ate restoration _-s•ite; .i-s _.available.,_ the
7/87
132
9422. 12--9422 . 13
applicant shall submit a detailed restoration plan to the di-
rector which includes provisions for purchase and restoration
of an equivalent area of equal or .-greater biological produc-
tivity and dedication of the land to a public agency or
otherwise permanently restricting ..its .use for open. space. pur-
poses. The site' shall-. be purchased"bef-ore the dike or fill
development, Proceeds . - =
(bj The applicant may in some cases be permitted to open
equivalent areas to . tidal action or provide other.. sources of
surface- water . - This method of mitigation is appropriate if the
applicant_. already owns filled,_ diked. areas- which-:themselves--are
not env_ironmentall 'y_- sensitive-_habitat-areas;� but-: may--b-ecome-'"so =-== - -
if opened- to^aidal-_acttion--or_ provided with= other. sources- of----- -
surface -.water .
- (c)-`- If no- appropriate restoration sites- under.. options -
contained in this article are available, the applicant-shall
pay an' in-lieu _fee, --determined by-the city--council, - which- shall
be of sufficient_value,..to. an>'appr:opriate,-public:--agency- for` the
purchase- and -restoration- of-an. area of-- equivalent- productive
__ _
value,. or-- equivalent surface area= _;- .This-option shall be
allowed- only if the applicant is. unable- to:. find a willing'- ';=
seller of a 'pote_ ntial_ restoration site. Since the public
agency-may also face difficulties in acquiring appropriate
sites, the in-lieu fee shall reflect• the additional costs of
acquisition, including litigation_--and __attorney_'s fees, as well
as the cost of restoratibn, `relocation and other costs. ' If the
public agency' s restoration project is not already approvedl by
the coastal commission, the public agency may need to be a
coapplicant 'for a coastal development permit to provide
adequate assurance that conditions can be imposed to. assure
that the purchase of the mitigation site shall occur prior to
the issuance of the permit . In addition, such restoration
shall occur in the same general region, . e.g. , within the same
stream, ' lake, or estuary where the fill occurred.
(Ord . : 2888, 31 Dec 86; Ord. 2862, 10/86)
9422. 12 Mitigation measures--Vegetation. Any areas where
vegetation is temporarily removed shall be replanted with a
native or an adaptable species in. a quantity and quality equal
to the vegetation removed. (Ord . 2888,• 31 Dec 86; Ord. 2862,
10/86 )
9422. 13 Mitiyation measures--Reduction of disturbances.
Pedestrian trails, observation platforms and other incidental
structures shall be designed to reduce disturbance of wildlife
- and vegetation . Examples of improvements to effect such reduc-
7/87
133
J _
tion are elevated walkways and viewing platforms,-, and-- vegeta-
tive and.:;structural._barriers: to_- lessen- disturbances from
permitt_ed,.uses- and_:inhibit internal- access._ :(Ord_ ;: 28881
31 Dec 86; Ord . 2862, 10/86 ) - y
9422-el , Mitigation:= measures=--Litterecontrol . Passive
nature study . uses shall_=_include_-a . program:.to. control-litter:°-=
such:as placement--.of::-an adequate-number-'-of containers'-'and`=
posted-signs ;::: (Ord ry _- 288 81 31 _' Dec-86; Ordo ��Z-2862, =10/86Y_
_ _
9422::15: Mitigation measures==Flood control =K Environ--`�-
mentally,: =sensitive habitat arecit"shall be,;-testored and.
_-------�._- augmented-,.to---lessen- the= risk'--of -fl-ood" damage to,_adja.cent
- properties . __( rd: 2888, '31 Dec` 86; Ord. 2862.i0/8E�)
9422 -16 =Mitigation measures- Construction and ' rove-
_.__. _...__ ments . -- Any construction, alteration or. of er: improvement.-.. hall
.. s
generally: be'car-be, rout-between- Septemb"e"r,`15' .anaAp I Y15_ to
avoid.. -- rate, "th-reate:ned,•'=or` endarige'red� species which
_�._ a.
utiliz-e:�the-.._ar-ea'-.for;'nesti�ff This-requrrement shall4__not„aFply
--demoristr-ated to :thy.-satisfactiom_of the dhector
that -no,:such-. disturbs-n a,_would- :occur, _in':,-which,-case':=-- _
--construct=ion_=shall-be. timed =to --cause"'the-- least d sttirbance "to
wetland dependent =xspecres, such as `mig.ratory "waterfowl and-- -
shorebirds,.__
C_ .nstruc i:ori_ or. -maintenance act- v taes shall:74be carried -our_
in__ar_eas.�dof _min- maI-:-size-::- .Ttie: site _.shall be, restored to its
orig inal__state . prior. to completion of the project . unless such
site: is to, be altered, to- .confo.r,m---with- an=. `appr:bved=`res-tcration
project .:: (O d: . -. _2:8-88, 3-i -Dec .86 Ord. ". 786'7, 10%$b)
9422 .17 Mitigation measures--Duty of applicant. The
applicant- shall demonstr_._a e. that- th-e= functional- capacity is _
maintained: or= augmen=ted unless -relieved of any one`or more
of , these. requirements by the California department of fish
and .game, and it is also shown that the project will not
significantly.—
(a). _.Alter;:existing plant:. and animal= popu°1'ations= ink a
manner that;would_.impair. the long=term--stab"ility oV-the=
ecosystem, :. -.e . ,.=natural- species_-•diversity; ' abundance- and =
composition are essentially unchanged as a result of the
project . :_ _. =-
(b) Harm or -destroy a species or habitat that is rare or
endangered .. "' ': Z. _
7/87
134
9422. 18--9422. 19
(c) Harm a species or habitat that is essential to the
natural biological function of a wetland or estuary.
(d) Reduce consumptive ( fishing, aquaculture and hunting )
or nonconsumptive (water quality and research opportunity). ._
values of a wetland or estuarian ecosystem. - (Ord. 2888,-
31 Dec 86; Ord. 2862, 10/86)
9422. 18 Degraded wetland restoration. If the proposed
project involves restoration of a degraded wetland, the ap-
plicant shall comply with California Public Resources Code
sections- 3041I grid 30233- to the satis action of the . erector .
(Ord. 2888,---31--Dec 86; Ord-. - 2862, 10/86)
9422. 19 Findings--Environmentally sensitive habitats. The
purpose -of--this---section is- to ensure an environment which is
suitable for the self-perpetuation of environmentally sensitive
habitat areas. Prior to .approval of energy production facili-
ties, the decision-making authority shall make a finding with a
statement of- fact- that :
( a) Provision has been made for the enhancement of a sig-
nificant portion of the project area to ensure preservation of
plant and wildlife species.
(b) For all other projects, a finding shall be made that
L1
the functional capacity- of the environmentally sensitive habi-
tat area is maintained. (Ord. 2888, 31 Dec 86; Ord. 2862,
0/86)
(Prior law: Ord. 2655, 12-/83; Ord. 2657, 10/83 Ord. 2700,
7/84; Ord. 2701, 7/84; Ord . 2702, 7/84; Ord . 2716, 9/84 ;
Ord. 2751, 4/85; Ord. 2753, 4/85; Ord. 2862, 10/86)
7/87
135
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VISITOR SERVING COMMERCIAL -----HMILTCN EXTENSION OBI� N EXHIBIT A
CONSERVATION
® NONCERTIFIED
INDUSRTIAL ENERGY PRODUCTION , , COASTAL AREAS
KWNGTON MAC f C4fORW
IND. ENERGY PROD./ CONSERVATION R.arwG oeuTMB(T
�` ' '7K
NOTICE OF MEETING
RESOLUTION TO AGREE AND ACCEPT THE CALIFORNIA COASTAL
COMMISSION'S ACTION TO APPROVE LOCAL COASTAL
-- -- PROGRAM AMENDMENT NO. 90-2
(WHITE HOLE-ZONE CHANGE NO. 88-18)
NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will
consider the above Resolution in the Council Chamber at the Huntington
_ Beach Civic Center, 2000- Main Street, Huntington Beach, Caldfornia,. on
the date and at the time-indicated below.
DATE/TIME: Monday, ' June 15, 1992,.. 7: 00 PM--
APPLICATION NUMBER: Resolution to Agree and Accept the California
Coastal Commission' s Action to Approve Local
Coastal Program. Amendment_ No. 90-2 (White
Hole-Zone Change No. 88-18)
APPLICANT: City of Huntington Beach
LOCATION: 232 acres on the inland side of PCH between Beach
Blvd. and the Santa Ana River Channel
REQUEST: To agree and accept by Resolution the California
Coastal Commission' s action to approve Local Coastal
Program Amendment No. 90-2 as modified (White Hole
area - Zone Change No. 88-18) .
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.
ALL INTERESTED PERSONS are invited to attend said hearing. . Any
comments relative to the application should be provided in writing
since this is a non-public hearing item. Oral comments may be
presented under the "Public Comments" segment of the Council
meeting.. If there are any further questions please call Scott Hess,
Senior Planner at 536-5271.
Connie Brockway
City Clerk
(3553d)
i
WHITE HOLE
1156D
3/24/92
Amigos De Bolsa Chica Cal Coastal Commission
P.O. Box 1563 South Coast Area
Huntington Beach, CA 92647 245 W. Braodway Ste. 380
Attn: Lorraine Faber Long Beach, CA 90802
Attn: John Leslie
Michael Martin Caltrans/District 7
So. Cal Edison Co. 120 S. Spring Street
7333 Bolsa Ave. Los Angeles, CA 90012-3606
Westminster, CA 92683 Attn: Bob Dixon
Assemblyman Frizzelle U.S. Fish & Wildlife Svc.
17195 Newhope St. Ste. 201 Div. of Ecological Service
Fountain Valley, CA 92708 2400 Avila Road
Attn: Jim Orr Laguna Niguel, CA 92677
Attn: Jack Fancher
Dept. of Fish & Game Dept. of the Army
1416 9th St. 12th Floor L.A. Dist, Corp. of Engr.
Sacramento, CA 95814 P.O. Box 2711
Attn: Bob Radovich Los Angeles, CA 90053-2325
Attn: Cheryl Hill
Carl Nelson, Director Cal. Dept. of Fish & Game
Env. Mgmt. Agency—P.W. Region 5
400 Civic Center Dr. W. 245 W. Broadway, Ste. 350
P. 0. Box 4048 Long Beach, CA 90802
Santa Ane, CA 92702-4048 Attn: Fred Worthy, Jr.
Senator Bergeson Ruth Gallanter
140 Newport Center Dr. Ste 120 P.O. Box 66494
Newport Beach, CA 92660 Los Angeles, CA 90066
. Attn: Julie Froberg
Coastal Conservancy Daisy Piccirelli
1330 Broadway, Suite 1100 P.O. Box 6202
Oakland, CA 94612 Mesa, Arizona 85206
Attn: Reed Holderman/Wendy Eliot
F. William Olson, Mgr. Charles Larwood
Analysis Sec/Env Mgmt Agency Caltrans/District 12
12 Civic Center Plaza Env. Ping. Brh C
Santa Ana, CA 92702-4048 2501 Holman Street
Santa Ana, CA 92705
Steve oss Tom Mungari
9562 Hig rive ISCO Ind, NESI Investment Grp
Hunt' on chi CA 92646 15342 Hawthorne Blvd. Ste. 400
Lawndale, CA 90260
Sohn Li
2 205,1 "014 , .
N�n�1�4 �tm �nGI�,
White Hole-1156D
Page 6
Katherine Stone/Margaret Sohagi
Freilich, Stone, Leitner, Carlisle
The Wilshire Landmark, Ste 1230
11755 Wilshire Blvd.
Los Angeles, Ca 90025-1518
Woolsey, Angelo & Thatcher Kent M. Pierce
2099 San Joaquin Hills Road HB/FV Board of Realtors
Newport Beach, CA 92660 19900 Beach Blvd., Ste 1
Attn: Roy Woolsey Huntington Beach, CA 92648
Mills Land and Water Herb Nakasone, MGR.
18090 Beach Blvd. Ste. 6 Flood Programs Division
Huntington Beach, CA 92648 Env. Mgnt. Agency/Flood Ctrl.
Attn: Robert London Moore, Jr. P.O.Box 4048
Santa Ana, CA 92701
Mr. Larry Sitton Robert Mandic/Gary Gorman
Calif. Dept. of Fish & Game H.B. Wetlands Conservancy
330 Goldenshore, Ste. 50 P.O. Box 5903
Long Beach, CA 90802 Huntington Beach, CA 92645
Attn: Wildlife Management
Steve Bone Title Energy of California
Robert Mayer Corporation 10537 Santa Monica Blvd.
660 Newport Center Drive #105 3rd Floor
Newport Beach, CA 92658 Los Angeles, CA 90025
Attn: Bill Curtis
Mark �gton
<achCiCjA
Paul Gonzales, Chief Branch "C"
21322 . Env. Ping. D.O.T., Dist 12
Hun ' 92646 2501 Pullman Street
Santa Ana, CA 92705
Paul D'Alessandro John Toyama
Deputy City Attorney Space 288
City of Huntington Beach 21851 Newland Street
2000 Main Street Huntington Beach, CA 926487
Huntington Beach, CA 92648
TruKngton
21831
Hun , CA 92646
Don Troy GarKoBeach,
5272 Allstone Drive 220
Huntington Beach, CA 92648 Hun CA 92646
114
White Hole-1156D
Page 2
Mary Porca Occupant S anley Hetrick
8135 Foxh Drive 1 2 Quail Run
Hunt on Be CA 92646 Sa to Ana, CA 92705
14 27-58
Ascon Properties Byro Tarnutzer
21602 Surveyor Circle 4 Upp r Newport Plaza, Ste 201
Huntington Beach, CA 92646 Newpor Beach, CA 92660
148-12 3
Cabrillo Mobilehome HomeOwn Assoc. Kerry Sh w
21752 Pacific Coast Hwy. 21391 An iqua Lane
Huntington Beach, CA 92648 Huntingto Beach, CA 2646
Attn: Ron Yocrem 148-081-1
Robart Van Zanor 148-027-33
P.O. c 4345 Keith Campb 11
Glendale 1222 8121 Ridgefi ld
14 7-30 Huntington B ch, A 92646
Ri and D. Gi 1 espi a 149-023-07
8145 all D Teresa Lee
Huntin ach, CA 92646 21901 Kiowa La
1 27-49 Huntington Bea CA 92647
nie Pope 148-027-35
814 wtuck ive Scott Hoope Carm la Tijerima
Hunti Beach, CA 92646 8131 Ridgef eld D .
—027-24 Huntington each, A 92646
Pa cia Yamazaki 148-121
8111 R Drive Bernard aplan
Hu ton ach, CA 92646 P. 0. B x 5278
48-027-31 Huntin on Beach, CA 92615
>49-041-04
Freitas 148— 7-43
ig ircle Darl ne Giacone
Beach, CA 92646 812 Ridgefield Drive
Hu ington Beach, 'CA 92 6
Occupant 0 cupant
8 c Drive 2 Ciowa L
Hun . gton h, CA 92646 Hunti each, CA 92646
White Hole-1156D
Page 3
1 -027-52 148-027-55
Ro Kt Ujihara oy Lothringer.
29 1 Rebano 2 311 Brentstone Lane
San Clemente, CA 926 2 H tington Beach, CA 926 6
148- 27-46 114 150-11
Robe t B Mello Scow Properties
2605 Del Way 675 1ne Ave.
Hunti gton Beach, C 92646 Costa esa, CA 9262
149-04 -21 148-027 6
Marci K auser Ralph Gu erg
9062 Ad lia Circl 8112 Fox 11 Dri e
Hunting n Beach, CA 92646 Huntington Beac , CA 92646
148-081-11 148-081-07
Roger Gas eiger Wayne Lewis
21421 Ant qua L ne 8512 Sandy H o Drive
Huntington Bea CA 92646 Huntington ea CA 92646
148-081-12 148-027-57
Keith Belew Don Dicke son
21401 Antiq Lane 8116 Foxh 11 Drive
Huntington B ach, CA 92646 Huntingt n Beach, CA 92646
149-014-02 148- -08
Gerald Gart a d Lawre e
21832 Kiowa La a 8502 y Hoo rive
Huntington ea h, CA 92646 Huntington Beach, 92646
149-371-24 114-150-50/62
Kaushal Sh rma Calif. Public Works
22381 Ha ich L ne 21643 Pacific Coast Hwy.
Huntingto Beach CA 92646 Huntington Beach, CA 92648
149-014- 1 148-027-58
Robert Gargar es Hetri
21822 Kowa Lane 1562 un
Hunting on Beach, CA 92646 Santa na, CA 9
148-0 -55 148-081-09
Roy L thronger Gay B' r
20311 Brentstone L ne 21441
Hunti gton Beach, A 92646 tington Beac 92646
White Hole-1156D
Page 4
Planning Commissioner 148-027-51
Victor Leipzig Edward artline
City of Huntington Beach Mailbox on
2000 Main Street 419 Ma' St Ste. A
Huntington Beach, CA 92648 Huntington Be CA 92648
148 27-5 148-0 -62
David ker Richard nes
8126 oxha Drive 8142 xh 11 Drive
Hu ington Beach, CA 92646 Huntington ach, CA 92646
14KAn *gua
148 7-52
Jo Robert ihara
21Lane 2901 a noHuch, CA 92646 San Cleme e, CA 92672
114-150--75,76, & 77 148-027 63
Ascon Properties Jerrold ap
21572 Surveyor Circle 8146 Fp a 1 Drive
Huntington Beach, CA 92646. Huntington ach, CA 92646
148- 7-60 149-041 17
Katheri Vermillion Joseph J son
813 oxh 11 Drive 9002 1 Circle
Huntington ach, CA 92646 Huntington ach, CA 92646
149- 1-01 148 7-53
Jack ebo Russel rg
124 B ach Blvd. 8125 all Drive
nton, A 90680 Hun ingto Beach, CA 92646
148-021-25 149-04 -30
Huntington Breakers David A ald
P. 0. Box 22630 9031 R sia Drive
Long Beach, CA 90801 Huntington each, CA 92646
14 027-6 148-02 54
Jeff rdon Harry W r Jr.
8 Fo all Drive 8121 oxha 1 Dr.
Huntingto Beach, CA 92646 Huntington each, CA 92646
148-121-04 Robert London Moore, Jr.
City of Hunt. Bch. Mills Land & Water Co.
8641 Edison Ave. P. 0. Box 7108
Huntington Beach, CA 92646 Huntington Beach, CA 92646
White Hole-11560
Page 8
114-4 1-24 14-495-09
Phil, Buekema rouk Shamoo
9052 C ristine Drive 9 2 Christine Drive
Huntin ton Beach, CA 9 46 Hu tington Beach, CA 92646
114-495 05 114 5-10
Denise nch Fred lluccio
9232 Chr stine Drive 9182 C istine Driv
Huntingt n Beach, C 92646 Hunting on Beach, A 92646
114-481-1 114-495-1
Thomas Le ihan Jack Buffa
22021 Hula Circl 9172 Christ ne D ive
Huntington Beac CA 92646 Huntington ac , CA 92646
114-495-12
Marshall Papke
9162 Christin rive
Huntington Be c CA 92646
114-495-06 114-495-13
Robert Simp o Edward Drew
9222 Chris in Drive 9152 Christ ne Driv
Huntington Bea h, CA 92646 Huntington Beach, C 92646
114-495-1
Greg Bre er
9142 Chr Stine Drive
Hunting on Beach, CA 92 46
114-481 6 114-4 —15
Karl Wy ocki Wayne Murry
9072 Ch istine Dri a 9130 hristine Drive
Hunting on Beach, 92646 Huntington Beach, CA 92646
114-49 —07 114-495-16
Lucill Bagnoli Gary Gorman
9562 'ghtide Drive 9122 Christine Drive
Hunti gton Beach, CA 92646 Huntington Beach, CA 92646
114-4 5-08 Ivy Dane—Minn
Herb t Ahn Taiyo ves nt
9202 hristine Drive 19750 S. rmont Ave. #145
Hunti ton Beach, CA 646 Torra e, CA 0502
White Hole-1156D
Pag�. 11
149- 71-20
Rober Belang
22341 arwi Lane
Huntin to Beach, CA 92646
114-4 1-0 11 81-05
Har Howe 1 Ra and Cole
1815 Toyon ane 220 2 Susan Lane
Newport Beach, CA 92660 Hun ington Beach, CA 92 46
149-024-03 149- 41-31
Charles Gant Odie Powell
21902.Kiowa Lane 9021 Rhodesia Drive
Huntington Beach, CA 926486 Hunti gton Beach, CA 92646
1 9-371-21 149-0 -01
William Malkin Alex M rand
22 1 Harwich Lane 21802 Iowa Lane
Hun ington Beach, C 92646 Huntin on Beach CA 92646
114-4 1-03 149-022- 1
Charle Javer Guy Marti
22031 san Lane 21882 Kio a L e
Newport Beach, A 92660 Huntingto Be ch. CA 92646
149-371-1 11 149-041-32
Allen GimA a Michael He an
9341 Gateshe d Drive 9001 Rhodes a Drive
Huntington each, CA 92646 Huntington ach, CA 92646
149-371-2 149-012-0
Ron Wiles Dolores tte field
22361 Ha ich Lane 21782 Ki wa L e
Huntingt Be ch, CA 92646 Hunting on Bea h, CA 92646
114-481 04 149-0 -02
Carol C gle Occup nt
21572 0 kbrook 2187 Kiowa Lane
Mission Viejo, 92692 Hunt ngton Beach CA 92646
149-371 13 14 041-33
Frank C enelia Jo n Earley
9331 Ga eshead 90 2 Rhodesia Drive
Hunting on Beach, C 92646 Hu tington Beach, CA 92646
Office of the City Clerk �_........._. ... oy ►�R�on.►� 1 +� ,
City of Huntington Beach P.O.BOX 190 CALIFORNIA 92648 csc Fer TNe
l�E �i1v�( ►� UCI
114-150-50/62 �)
4 CALIF. :PUVB .,4)
Edit-WE) v �v
21643 .PACro HUNTIN�MR 648 YY 1('a.`iil{ FICIi fdl !�i11)ffL:i`
"\ ATTEMnTF� ATTEMPTED, UNKNOWN
- NO SUCH hdUMIDER
OT KNowtv _
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Office of the City Clerk _
City of Huntington Beach ���� ='�T° -
,.,
14
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P.O.BOX 190 CALIFORNIA 92648 y''"
ti fL�
-0
r�Q4..;
*Q i Don Troy
5272 Allstone Drive
Huntington Beach, CA 92648
Office of the City Clerk
City of Huntington Beach rv -a f _ r
z � i !; y.� 1 n vx
P.O.BOX 190 CALIFORNIA 92648 f
Kent ! r
B/FV Board of Realtor
Rrh—BTv` ., Ste 1
S�N�{� untington Beach, CA 92648
IFORWARD ExPrRFn
Office of the City Clerk .:_...:v:...........,._....
,J je City of Huntington Beach � Iris
nV J
P.O.BOX 190 CALIFORNIA 9264W { ;
� N
148-02 25
BREAKERS
W W P.O. X 22630
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0
�i,R1ARDiN��HDER EXPIRED. j �,' ;r'• 3`1'i t'�r !. r4�;rtft=�- L F L� ;!i :t:. :;:. :.x.:.x::.:a.
oaquin i s j
Newport Beach, CA 9266Q
i1•y� il� Attn: Roy Woolsey �J
NOTICE OF MEETING
RESOLUTION TO AGREE AND ACCEPT THE CALIFORNIA COASTAL.
COMMISSION' S ACTION TO APPROVE LOCAL COASTAL
PROGRAM AMENDMENT NO. 90-2
(WHITE HOLE-ZONE CHANGE NO. 88-18)
NOTICE IS HEREBY GIVEN that the Huntington Beach City Council .will
consider the above Resolution in the Council Chamber at the Huntington
Beach Civic Center, 2000 Main Street, Huntington Beach, California; on
the date and at the time indicated below.
DATE/TIME: Monday, ' June 15, 1992, 7: 00 PM
APPLICATION NUMBER: Resolution to Agree and Accept the California
Coastal Commission' s Action to Approve Local.
Coastal Program Amendment.- No. 90-2 (White
Hole-Zone Change No. 88-18)
APPLICANT: City of Huntington Beach
LOCATION: 232 acres on the inland side of -PCH between Beach
Blvd. and the Santa Ana River Channel
REOUEST: To agree and accept by Resolution the California
Coastal Commission' s action to approve Local Coastal
Program Amendment No. 90-2 as modified (White Hole
F area - Zone Change No. 88-18) .
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.
ALL INTERESTED PERSONS are invited to attend said hearing. Any
comments relative to the application should be provided in writing .
since this is a non-public hearing item. Oral comments may be
presented under the "Public Comments" segment of the Council
meeting . If there are any further questions please call Scott Hess,
Senior Planner at 536-5271.
Connie Brockway
City Clerk
(3553d)
,.
A.
ROY B. WOOLSEY
ATTORNEY AT LAW '.
PHONE(714)673-3731
113 Via Venezia
Newport Beach,CA 92663-5516
�6, y 7
is •,
Office Of the City Clerk
City of Huntington Beach
t "£'�' 4►' � '�-Ulu ��� i 1 _ :.•aye
4 04
. P.O.BOX 190 CALIFORNIA 92648 4 JUtJ 5 r)1 = r Q
Cal. Dept. of Fish & Game
..- �.�ACy Region 5
�, a M n 245 W, Broadway,
2. JIIN 15 D Lon CA 90802. 350
�NiiITE I o Ig92 0�0 g Beach
' Attn: Fred Worthy, Jr. 1
UNIMODING ORDER EXPIRED.
-------------
June 10, 1992
Jon and Cynthia Ely
22051 Hula Circle
Huntington Beach, California 92646
Huntington Beach City Council
2000 Main Street
Huntington Beach, California 92648
RE: Local Coastal Program No. 90-2
(White Hole Zone Change No. 88-18)
i
Dear Members of the Council:
We are writing this letter to you not to oppose or support
Resolution 88-18, but rather to advise caution and good judgement
with respect to one of the City's most valuable and irreplaceable
assets - its Wetlands.
Although we are merely individual homeowners and not affiliated as
yet with an organized group such as the Wetlands Conservancy or
Amigos De Bolsa, our concern for the preservation of the Huntington
Beach Wetlands south of the Edison Plant is echoed by all of those
who live in our neighborhood. We want these wildlife habitats to
be protected and hopefully your actions regarding this new zoning
for the "white hole" will permanently prohibit development on these
precious Wetlands.
We and our friends intend to follow this issue closely and trust
you will do everything in your power to ensure the preservation of
these Wetlands for the wildlife who live there, our children and
future generations.
Sincerely,
f� Jon and C ndee E1 U
Y Y
(714) 964-8586
cc: Mike Adams, Director of Community Development
Co
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7qo
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n
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Jon and Cynthia Ely I
22051 Hula Circle
Huntington Beach, CA 92646
y
Huntington Beach City Council d e
C/o Ms. Connie Brockway City Clerk
2000 Main Street
Huntington Beach, CA 92648
%7LF�}SE bEzi,j£12 Tv &—srs r (o/149z �E�-r••J�
" �aiu--rL9-5, �cle-ev
STATeOF CALIFORNIA----BUSINESS AND TRANSPORTATION AGENCY PETE WILSON,Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
2501 PULLMAN ST.
SANTA ANA, CA 92705
June 10, 1992
/ ,ct
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
9L
Attention: Mr. Jim Silva, Mayor
RE: Huntington Beach Local Coastal Plan
Pacific Coast Highway Area of Deferred Certification
Dear Mayor and 'City Council:
The purpose of this letter is to request a change to section
9422.2. 1 of the proposed Huntington Beach Local Coastal Plan.
At the May 12, 1992, meeting of the California Coastal
Commission, in Marina Del Rey, its commissioners approved their
staff recommendation to reject Implementation Plan Amendment 2-90
for the Pacific Coast Highway Area of Deferred Certification. At
the same time, the Commissioner's adopted a resolution approving
Implementation Plan Amendment No. 2-90, if it is modified in
accordance with language proposed by the Coastal Commission
Staff.
Representatives of the Department of Transportation
addressed the Commission on the proposed modification and pointed
out that a disparity existed as to the total area of land to be
"permanently protected against development inconsistent with
sections 9422.5 - 9422.711, by a contiguous land owner; and the
area "permanently protected" by a non-contiguous land owner. The
result is the modified language treats potential purchasers of
the State of California's excess property at Beach Boulevard and
Pacific Coast Highway, unequally.
Mills Land and Water Co. (MLWC) is the only contiguous land
owner to the State's property. In 1978, the Legislature gave
MLWC the right to purchase the State's excess property to settle
a substantial lawsuit. If MLWC exercises its legislative right
it will be required to "permanently protect" not only wetlands on
the State's property but also any wetlands contiguous and owned
by MLWC. However, it the sale of the State's property were to a
non-contiguous owner, the only area requiring "permanent
protection" is that which is contained within the boundaries of
the State's property.
r
4
Mr. Jim Silva, Mayor
June 10, 1992
Page 2
This unequal treatment of a contiguous owner by the
Commission's modified language will eventually result in
litigation. In order to avoid further time consuming delay in
the Local Coastal Plan Certification, it is requested that the
second paragraph of section 9422.2. 1 be changed as follows:
"Alternatively, if the owner of an above parcel(s)
wishes to develop only the parcel(s) which has coastal
element land use designations other than conservation, the
required overall development plan and coastal development
permit application is not required to include the wetlands
determination as stated above. However, a conservation
easement, dedication or other identified similar mechanism
shall be required over the parcel(s) area which have a
conservation land use designation and are within the
parcel(s) proposed for development. The conservation
easement may be removed from those parcels or portions
thereof which are found not to contain wetlands through a
subsequent overall development plan and coastal development
permit application which shall include a wetlands
determination as specified above. The above drainage and
erosion control and no further subdivision provisions also
apply under this alternative. "
The above language would remove the unequal treatment of
potential purchasers of the State's property and, as a practical
matter, lessen the chance of a challenge to the L.C.P. based on
constitutional grounds. Although the time frame for
certification of the L.C. P. would be lengthened by approximately
2 months, this inconvenience would be far less that any time
spent litigating the constitutional rights of contiguous land
owners.
Thank you for your consideration of the Department of
Transportation's position in this matter.
Very truly yours,
Ori"ThiaS Sig-ned by P.-
RALPH H. NEAL
Deputy District Director
District 12, Right-of-Way
REQUEST FOR CITY COUNCIL ACTIO
, 9
Date May 18, 1992
Submitted to: Honorable Mayor and City Council. Members
Submitted by: Michael T. Uberuaga, City Administra
Prepared by: Michael Adams, Director of Community Devel nt
Subject: RESOLUTION NO. 6 3 8S WHICH ADOPTS LOCAL COASTAL PROGRAM
AMENDMENT NO. 92-1: HOLLY-SEACLIFF GENERAL PLAN AND
HOLLY-SEACLIFF SPECIFIC PLAN
Consistent with Council Policy? X Yes [ ] New Policy or Exception a 6 3 8S
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Transmitted for City Council consideration is Resolution No. 3 gs
which is a request to adopt Local Coastal Program Amendment No. 92-1
which will incorporate the Holly-Seacliff General Plan and
Holly-Seacliff Specific Plan. into the City' s certified Local Coastal
Program. Local Coastal Program Amendment No. 92-1 will be
transmitted to the California Coastal Commission for final approval .
RECOMMENDATION•
Motion to:
"Approve Resolution No. 6395 which adopts Local Coastal Program
Amendment No. 92-1 and transmit to the California Coastal Commission
for final approval
ANALYSIS•
The California Coastal Commission certified the City' s Local Coastal-
Program in 1985. The California Coastal Act requires that any
amendments to the City' s General Plan and Ordinance Code in the
Coastal Zone be approved by the California Coastal Commission. The
method of transmitting the Holly-Seacliff General Plan Amendment and
Holly-Seacliff Specific Plan is to adopt Resolution No. 63F5 and
then forward the resolution to the Coastal Commission.
On January 8, 1990, the City Council adopted the Holly-Seacliff
General Plan which amended the City's General Plan and Coastal Land
Use Plan. On April 6, 1992, the City Council adopted the
Holly-Seacliff Specific Plan which amended the City' s Ordinance Code
and Coastal Implementation Plan. Local Coastal Program Amendment
No. 92-1 is a comprehensive land use and implementation amendment to
the City' s certified Local Coastal Program.
i
1 �
Plo W85
The Holly-Seacliff Project Area contains approximately 40 acres
within the Coastal Zone. Ten acres of residential and approximately
30 acres of Open Space combine to represent only seven (7) percent
of the total land area in the Holly-Seacliff Project Area. Although
the total amount of land area in the Coastal Zone is less than ten
(10) percent, both the General Plan and Specific Plan must be
reviewed and certified by the Coastal Commission.
FUNDING SOURCE:
Not applicable.
ALTERNATIVE ACTION:
The City Council may deny Resolution No. k3 which prevents staff
from transmitting the Holly-Seacliff General Plan and Holly-Seacliff
Specific Plan to the California Coastal Commission.
ATTACHMENTS
1. Resolution No.
2 . Holly-Seacliff- General Plan Amendment Land Use Map
3 . Holly-Seacliff Specific Plan Development Plan Map
MTU:MA:RLF: lp
RCA -2- (2939d)
REQUEST FOR CITY COUNCIL ACTIO
�/
Date May 4, 1992
Submitted to: Honorable Mayor and City Council Members
Submitted by: Michael T. Uberuaga, City AdministratorQQ-
Prepared by: Michael Adams, Director of Community Developm
li
Subject: RESOLUTION NO. 6 376 : AGREEMENT AND ACCEPTANCE OF THE
CALIFORNIA COASTAL COMMISSION'S ACTION TO APPROVE LOCAL
COASTAL PROGRAM AMENDMENT NO. 90-1
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception
CITY CUUNG11, 7
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Aqi s,Attachments:
STATEMENT OF ISSUE: �
CITY CL
Transmitted for your consideration is Resolution No. which
agrees and accepts the Coastal Commission's action to approve Local
Coastal Program Amendment (LCPA) No. 90-1 with modifications .
RECOMMENDATION•
Motion to:
"Adopt Resolution No. (-37(- accepting -the California Coastal
Commission' s action to approve Local Coastal Program Amendment No.
90-1 as modified" .
ANALYSIS:
On November 19, 1990, the City Council adopted Resolution No. 6229
which amended the Imp 'ementing Ordinances segment of the City' s
Local Coastal Program. The amendment is basically a clean-up to the
City's existing zonin language which includes updated and
recodified articles of the Huntington Beach Ordinance Code approved
by the City since 1986 (see attached matrix) .
The amendment was subsequently submitted to the Coastal Commission
for certification. In July, 1991, the California Coastal Commission
continued this amendment because of concerns over the City' s
proposed language changes to the Coastal Conservation suffix. The
Coastal Commission staff recommended changes that were not
acceptable by the City. At a public hearing on December 13, 1991,
the Coastal Commission certified Local Coastal Program Amendment No.
90-1 with the modification that the proposed changes to the Coastal
Conservation (CC) suffix language not be considered at this time.
00,
Plo 5/85 /
Although the "CC" suffix language changes were not considered as
part of this LCPA, they will be reviewed by the Coastal Commission
at 'a later date (tentative May 1992) . In addition, the Coastal
Commission will review the 'white hole' zone change concurrently.
This is appropriate since the suffix is proposed specifically for
the areas of the zone change.
Staff concurs with this modification for two reasons . The Amendment
includes several changes to the Local Coastal Program that have been
adopted by the City Council over the last six years . By separating
the proposed "CC" suffix changes from remainder of the amendment,
the document can move forward. 'Secondly, it enables further review
of the "CC" suffix language at the time the actual zone change for
the white hole area is considered by the Coastal Commission
(tentatively May 1992) .
Section 13544 . 5 of the Coastal Commission Regulations requires the
local government agree with and accept the CCC modification by .means
of resolution. After the CC takes such action, staff will forward
the resolution to the CCC and certification of the Amendment will be
complete.
Environmental Status:
This project is exempt from further environmental review pursuant to
the California Environmental Quality Act. No additional action is
necessary.
FUNDING SOURCE:
Not applicable.
ALTERNATIVE ACTION:
The City Council may not adopt Resolution No. Such action
would nullify Local Coastal Program Amendment No. 90-1 as modified;
review of development projects pursuant to outdated city codes would
be necessary.
ATTACHMENTS:
1. Resolution No. .37 �oaccepting the California Coastal
Commission' s modification to Local Coastal Program Amendment
No. 90-1
2. LCP Implementing Ordinance Changes Matrix
MTU:MA:SH: lp
RCA 5/4/92 -2- (3029d)
LCP IMPLEMENTING ORDINANCE
CHANGES SINCE MARCH 1985 LCP
3/85 LCP I .O. 9/90 DRAFT I .O . Pages SUMMARY CHANGES (Ord . #)
Introduction 1 - added to explain
relationship between I .O.
and Coastal Land Use Plan
Table of Table of Contents 2 - amended to reflect new
Contents format
District Maps 6 . -District Maps showing
(zoning) Huntington Properties
within the coastal zone
and their corresponding
maps denoting parcels
Art . 910 47 -Article added from
Residential existing Huntington Beach
Agriculture Ordinance Code to
District (RA) reflect zones in Coastal
Zone (CZ) .
Art . 911 51 -Article added from
Low-Density existing Huntington Beach
Residential Ordinance Code to reflect
District (Rl) zones in CZ .
Art . 912 61 -Article added from
Medium Density existing Huntington Beach
Residential (R2) , Ordinance Code to reflect
Medium High Density zones in CZ .
Residential (R3) ,
and High Density
Residential (R4)
Districts
.Art . 914 71 -Article added from
Mobilehomes existing Huntington Beach
Ordinance Code to reflect
zones in CZ .
Attachment , ( I )
LCP IMPLEMENTING ORDINANCE
CHANGES SINCE MARCH 1985 LCP
3/85 LCP I .O. 9/90 .DRAFT I .O. Pages SUMMARY CHANGES (Ord. #)
Art . 915 74 •Article added from
Planned Residential existing Huntington
Developments (PRD) Beach Ordinance Code
Planning Develop- to reflect zones in CZ .
ment Suffix (-PD)
Art . 922 87 •Article added
Commercial District from existing Huntington
Standards Beach Ordinance Code to
reflect zones in CZ .
Art . 949 Art . 924 99 •Cleans up and
"VSC" "VSC" relocates provisions for
Visitor Visitor the Visitor-Serving
Serving Serving Commercial District to
Commercial Commercial Chapter 92 . Minor
changes involve removing
redundant language and
uses . Repeals Article
949 . (Ordinance No . 2849)
(CA 86-12) 21 June 1986 .
Art . 940 104 •Article added from
Floodplain Suffix existing Huntington Beach
(-_FP1, -FP2 , -FP3) Ord . Code to reflect
zones in CZ .
Art . 941 121 •Article added from
Limited Use and existing Huntington Beach
Recreational Open Ordinance Code to reflect
Space Districts zones in CZ .
(LU and ROS)
Art'. 949 . 5 Deleted •Art . 949 . 5 (Office-
"OR" Office- Residential District)
Residential repealed . Also repeals
Art . 940 and adds Art .
920 (Office Professional
District) and amends
sections 9021 and 9060 .
(Ordinance No . 2905-A) (CA
87-3) 5 October 1987 .
LCP IMPLEMENTING ORDINANCE
CHANGES SINCE MARCH 1985 LCP
3/85 LCP I .O. 9/90 DRAFT I .O . Pages SUMMARY CHANGES (Ord. ' #)
Art . 969 . 7 Art . 942 125 •Repeals Articles
965 , "CC" Coastal "S1" Shoreline 969 , 969 . 5, 969 . 7, and
Conservation District, and adds new Article 941,
"WR" Water "Limited Use District,
Recreation Recreation Open Space
"CC" Coastal District" and Article 942,
Conservation "Shoreline District,
Water Recreation
District , Coastal
Conservation District . "
Recodification and minor
language changes .
(Ordinance No . 2862) (CA
86-11) 2 September 1986 .
Art . 969 . 8 •Amend Article 942,
"WR" Water "Coastal Conservation
Recreation District , " to include the
suffix - CC. (Ordinance
No . 28881 (CA 86-31) 1
December 1986 .
Art . 946 136 •Article added from
Civic District existing Huntington Beach
Suffix (-CD) , . Ordinance Code to reflect
Community Fac- zones in CZ .
ilities Overlay
(CF) , Multistory
Suffix (-MS) , and
Qualified Classi-
fication (Q)
ART.. 951 140 •Article added from
Ml-A District existing Huntington Beach
Ordinance Code to reflect
zones in CZ .
Art . 953 151 •Article added from
M1 District existing Huntington Beach
Ordinance Code to reflect
zones in CZ•.
LCP IMPLEMENTING ORDINANCE
CHANGES SINCE MARCH 1985 LCP
3/85 LCP I .O. 9/90 DRAFT I .O. Pages SUMMARY CHANGES (Ord. #)
ART. 955 159 •Article added from
M2 District existing Huntington Beach
Ordinance Code to reflect
zones in CZ .
Art . 979 Art . 960 164 •Adds new section
Offstreet Offstreet 9791 . 12 . 7 for residential
Parking and Parking and parking requirements .
Landscapinag Landscaping (Ordinance No .
2815) (CA ) 6 January
1986 .
•Repeals Art . 979
(Offstreet Parking and
Landscaping) and repeals
Art . 960 and adds new
Article 960 entitled
"Offstreet Parking and
Landscaping" . Language
and requirements more
streamlined. Categories
and diagrams more clear
and simple . (Ordinance
No . 2828) (CA 86-5) 21
April 1986 .
•Amends Art . 960 by
adding new Section 9605 . 1
to establish parking
structure requirements
and amends Section 9608
(b) to establish
landscape guidelines for
parking structures .
(Ordinance No . 2947) (CA
• 87-11) 5 July 1988 .
Arta 968 177 •Article added from
Oil Districts existing Huntington Beach
Ordinance Code to reflect
zones in CZ .
LCP IMPLEMENTING ORDINANCE
CHANGES SINCE MARCH 1985 LCP
3/85 LCP I .O. 9/90 DRAFT I .O. Pages SUMMARY CHANGES (Ord. #)
Art . 969 . 9 Art . 969 . 9 183 • Same, no changes
"CZ" Coastal "CZ" Coastal
Zone Suffix Zone Suffix
Art . 989 . 5 Art . 989 . 5 194 . • Same, no changes
Coastal Coastal
Development Development
Permit Permit
Huntington HHBCSP 224 • Same, no changes
Harbour Bay Club
Specific Plan -
Downtown DTSP : 268 •Adds Table of
Specific Plan: Sec . 4- Contents and includes
Section Four- Development changes adopted and
Development Standards approved by the
Standards California Coastal
Commission on October 12 ,
1988 . (Ordinance #2981)
(CA 88-3A) .
Appendix 350 •Added to include
Resolutions adopting and
amending the document .