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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. C C PP$OyE " D C=A c` x By CITY COUNCIL s ,`�. O a c'T rnp "� s� ..Yw jY CIT, CLE r K N n .J 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 MTU:MA:RLF: lp RCA -2- (2939d) 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 5 -7-� z C=c�6d- -�I�SJL—`�✓ REVIEWED ND OV INITIAT ND APPROVED: i Administrator 41rDirector of Community Development SLk 5/92305 R kmcra f ~ �OP01C w RI r _ <'�RI~ �• RI RI/ d N ' ' ROS-0 o _:iR2- D•0'CZ 7-.L'"R"!'r•`�-tzt'_.r -- �` `�;• ?i' •,�` d ' R2-PD-0 CZ °' RI :3 ER4-OI-CZ va• .. L R• / ^•': 4`ay. ROS-O-CZ ' . .'•;a ,,ti\%RrczRl " R[. ?' 'o El r � ,....... . .ry q`b•._.r V1.d q� � qT.a. 4.��•RI s� '., _.hY.....lii":'.••; . '�• Q�. cr RI Cl � '••a P` apt � I ��- " �.p � I:"•�$J •�.i� �_ RW f2 � .v. p�''•4, `'fl`',°e i �c�%J,`.'^ �•. > RI-0 ow'o,�°.• RI 0, c p�Fq M2-01-CZ p,�j .�� '• oc,, ��' : ?xo ~ t• G\ o 'per �ti �ti ��_ `e� �fr ' , /O`'6l'F � ,�� ,\• GOB. �ti \\\ . : Ta T sMma FL.. .NE.wrt c n qti C I=E� .I Ml ZC 90-12 o A"iff HUNTINGiON BEACH N HUNTINGTON BEACH PLANNING DIVISION 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 MTU:MA:HF' lp 0011, RCA 11/2/92 -2- (4789d) i I K1 e a J.. -�'�—' IRII CF-�-FP2 FP I 2`� RI F?2 '.'.i � :¢� e:�• I —� I I 11"•I. Jr; i:. I i RI 1 _ qf�4 1_0R3 r- V Oka i .I RI i R 3 bc RA Rlia . RI a•, -_:�' I RI�R I RI i ";I RI , RA-0 RI I �RI — -Fpc)9, I �.q ;- I CZ I I^ R I C RI RI r `) ♦NI D R MI-A-O MI -a-.3-C7 ,! o R,-cz j RI-cz RI F KI ' LUD-Q- °'I-cz !:��I I RI it RI RI (RIC (` R l�Z ^ N ' Y I< [R. M2-0P.I-cz i I ! ; RI RI a µtt.aNINE �R. tI ♦MICR -CZ o ICI J D RI it RI RI MH-CZ - _ - --- OR R I CZ N i RI �. �Q LUD C 2,^?2 awe �P I J NUo50N 7R, �- 5 M2-C R RI /\ INi �_— FI- E . CZ rawer t.r A o'er / M2 U I�i �.: wn RI l R I-CZ I R. RI RI � c. ���/� A�. \\ \\ % !�. oN♦R I CZ '� R I-'� T CF,.RRn'I RI ZC 91-8/CA 91-13/EA. 91-43 HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION a - i 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 R 0 S-0 M 2-01 -CD Ra-a'� -A' r -R4-0�- R I R I ROS-0 R I 1p R4.01 RI RI JR R I Ros 0 R) F RI RI RI", • c, , op-of-c RI Rl R -0 OSy. RI C�, RI RI R14 f4 01,t RI RI R2- c-0 Z 2-PD-0-CZ ROS-0 RI RI 0 R -PD-Z-cz L9-C R ROS-0-CZ R4 of R I RI-0 X .J R 1,,, ; R 1 0 An -0 RI /* -)k e /t RK stir rn ZC 92-1 o FOE 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 SLk 6/92317 ,✓�JJ' I 'It /1• /� �'/J/� a ..!! %//\.�\\\III I (� ,��'� II 1/ .`\ •"/� �p JJr cli II P P : :�,/•22C v �:,`UJ rl . 1/P .�':.• ( \��/p.p"',i� P P /' 6� o / P p pl.p ? `i` I - �,�f� \��' •�\:\ ti'L \.r.V 1 JJ :6 .fib Y �,`P\ (JI�� I ¢I \1�1J1 ulnnua'�;I-,y ti� S,.j.-`:•.-.� � `\ r JJO� \ C( \ � •" i %< �?C'L-F?I VIII. ,. { ;'\ \ cc craIt \ \/ � �•,. Kp PAR � .... gI-CZ-FP2 `� Z OF L ,1- zFP2 fT(iTT1Tii((mnRn(1(t(fii(Tttll l —7 Mwx 51-C2-FP2 sl-c — iliiu III �I 1�(tTttt II sCIf IC LV^ $1-CZ"F� ... SI-CZ-FP2 SI-cZ-FP2 ; I I >nit�tt(�IPI III mllllli'llii( II III III I I I 1 ttfr_m`r7,rrTr,,Y1TT F117TtiiWHIT111iTMMMTriiRTfi� Oct.,, _or,c ?A- #710 -- (ZoneC;h,o► 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 i i i ! � i { j I Ii 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 , is i is i 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 � b 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 IG 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 02 04 � W Z v °J W LOMOND VRIV. 2ji,i353•�5' 1263' CID Q SBF 439 30-/-1 Oil 7 N 4.66 AC. 5.26AC 4.06AC. 20AC. a66' N N O.C.F.CO. s >r 4 FREEWAY o , m_ 6 /./2 AC. Lae. tea-ou- s 30. 17,9 N 57 `\ 7c'I BA � Cp n \'�� ►e 3.09 AC. g 16.37 AC. o • a�U 6.36AC. 0, C. F. C. D. r o / 'cam '4j� 'oo- a`to Z73G' 1478,25' l7r 66 FREEWAY N Go N /9M AC. N p0 M q N h a � C 3/.875 AC(C) I m 32 53 s i COG 9s 6 Fs F _ lv/ Lo -FRWY, �D° C 62 55 �V 17� - I cz 25 AC. Y 5.7OA6 CBE/48-30-4; R ti i p► ►mer�F No. S oR �l ds lW '.;f':'a�.tiA't:i' i.�i•. ST:'1`�r"ik" i / J v V4. \� O �� O.C.SAVY7goN �;�..-s ',, �•'_'�' Or, I: ' .Co TREAT][F_Y[PLAM \ O.C.P.0 p• pry -',j';J y-��'Y�•• `Y��•J. Vim...."' - �i� Yw--1' J'•:19I� J• 1� 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 _ bwN Office of the City Clerk _ City of Huntington Beach ���� ='�T° - ,., 14 y 4 i 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 8$ ION B CH CA 90801 a x.�r -K (RETURN T4 JIu+ J WR1ifR 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 G N 7qo n n + r N 4 l! 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 .