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HomeMy WebLinkAboutFile 1 of 2 - Sunset Beach Annexation and Specific Plan Anne Broeren, Mary Beth From: Lugar, Robin Sent: Monday, May 23, 2011 10:38 AM To: Broeren, Mary Beth Cc: Esparza, Patty Subject: RE: Sunset Beach Great ... thanks for letting us know O Robin Lugar, CMC Assistant City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 714) 536-5405 From: Broeren, Mary Beth Sent: Monday, May 23, 2011 10:23 AM To: Lugar, Robin Subject: Sunset Beach Hi there, I just realized that the "final" copy of the Specific Plan that I gave you (that included the Council's changes) is missing an exhibit. The exhibit was in the RCA at page 459. I will reprint a real final and get it to you today. Your office should substitute the one I bring down for the one that is currently attached to Resolution No. 2010-74 and Resolution No. -2010-75. Rebecca had provided me with copies of the NOA and resos to send to Coastal Commission. I will substitute pages on my end, so no need for you to provide me with new copies. Thanks and sorry for the inconvenience. Mary Beth 1 0 0 a � N I C o ® CD chi �-L Sunset Beach Specific Plan-Coastal Zone Overlay SP17-cz LEGEND Parcels afy,Y7_1 Huntington Beach Boundary Specific Plan Boundary UO C, Exhibit 1 .3 Zoning Map Draft Sunset Beach Specific Plan 1.5 Previous County of Orange Approvals for Sunset Beach On March 9, 1982, the Orange County Board of Supervisors adopted Resolution No. 82-349, authorizing preparation of a Specific Plan for Sunset Beach. The Land Use Plan, including Development Guidelines, was approved by the Board of Supervisors on May 6, 1981, as an amendment to the Orange County General Plan. The purpose of the County Sunset Beach Specific Plan (SBSP/LCP) was to tie together the Land Use Plan and Implementing Actions Program of the County's Local Coastal Program. In January, 1986, the Board of Supervisors directed the Environmental Management Agency (EMA) to prepare an amendment to the SBSP/LCP. Amendment 90-1 to the SBSP/LCP was approved by the Board of the Supervisors by Resolution No. 90-1244 and Ordinance No. 3798 on September 26, 1990. The Sunset Beach area remained an unincorporated "island" while the cities of Seal Beach and Huntington Beach incorporated and annexed adjoining areas. In 2009, the Orange County Local Agency Formation Commission (LAFCO) placed the unincorporated Sunset Beach area in the City of Huntington Beach's Sphere of Influence, facilitating the annexation of Sunset Beach to the City of Huntington Beach. This proposed City of Huntington Beach Sunset Beach Specific Plan is intended to comply with State law requiring the City to adopt zoning regulations for property ("pre-zone") before annexation is approved by LAFCO. 1.6 Previous California Coastal Commission Approvals for Sunset Beach The California Coastal Commission originally certified the SBSP/LCP on October 27, 1983. Subsequently, the Commission certified the amended SBSP/LCP on July, 17, 1991. The Commission retains original permit jurisdiction over development seaward of the mean high tide line. Therefore, it has permitting authority for improvements in/above the ocean and waterway and has issued such coastal development permits in Sunset Beach. This City of Huntington Beach Sunset Beach Specific Plan must be approved by the California Coastal Commission in order to become effective. 1.7 Consistency with California Environmental Quality Act (CEQA) Pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared as part of the Specific Plan approval process. The Initial Study will serve as the basis on which the environmental effects of implementation of the Specific Plan can be ascertained. The Initial Study indicated that a Negative Declaration is the appropriate CEQA compliance tool, and has been prepared as part of this Specific Plan process. All subsequent approvals necessary to develop any property within the Specific Plan area must be consistent with the Specific Plan and within the scope of the Negative Declaration. Additional environmental documentation may be required in the future if new significant October 2010 Page 6 Draft Sunset Beach Specific Plan development is proposed or if significant changes are found to have occurred pursuant to Section 15162 and 15182 of the CEQA Guidelines. October 2010 Page 7 Draft Sunset Beach Specific Plan 20 Land Use Plan The goal of the Land Use Plan is to maintain and enhance the special character of Sunset Beach. The Land Use Plan establishes and designates areas of residential and commercial development that will not impair coastal resources or public access to the coast consistent with the previous County Specific Plan. It identifies the beach, waterway and public parking facilities and policies to preserve them. Preservation of the unique character of Sunset Beach is the fundamental goal from which the Land Use Policies are derived. 2.1 Existing Conditions Sunset Beach is characterized by the unique and valuable commodity of its sandy beach and ocean shoreline. It is also surrounded on its inland side by a system of waterway canals in the Huntington Harbour development. The majority of the Sunset Beach area is designated for public or community use, the largest component of which is the beach. The beach is bounded on the south by Warner Avenue and on the north by Anderson Street, a distance of 6,300 feet. Access to the shoreline is at 27 street-end locations through the residential areas, 35 feet in width, located every 200 feet along the beach frontage. The only recreation facilities on the beach are volleyball nets. Approximately 1,500 feet of the beach is open for surfing. Lifeguard service is provided on a seasonal basis. Outdoor games, swimming, surfing and fishing constitute the major activities at this beach. The area also benefits from a 13 acre linear park/public parking facility, constructed by the County of Orange in the old Pacific-Electric right-of-way, with picnic areas, a tot lot, five restroom buildings, pathways, and 624 parking spaces. This area is also referred to as the "greenbelt." Other notable public uses include the Sunset Channel, 11th Street beach, a post office and a volunteer fire station. The Sunset Beach Community Association also owns and operates a community center, which functions as a quasi-public use. There are no public boat launch sites in Sunset Channel with the exception that nontrailerable boats that can be hand-carried may be launched at the 11th Street Beach. There are no publicly maintained boating facilities within the Sunset Beach area. However, private docks are available in Sunset Channel adjacent to commercial and residential properties subject to the permit process. Private land uses in Sunset Beach are residential and commercial. The residential uses consist of 700 single and multiple family type dwelling units, on typically 2,700 square foot lots, which are well mixed throughout both residential and commercial areas. Densities range from approximately 22 to 45 units per acre. There are approximately 70 commercial establishments. Existing commercial uses range from neighborhood convenience facilities such as markets, to more area-wide facilities such as motels, restaurants, and specialty shops that generally front on Pacific Coast Highway. Because of the compact size and special nature of the Sunset Beach community and the limited area for commercial uses, the convenience facilities and goods provided serve the visitors and tourists as well as local residents. The Sunset Beach area consists of 497 parcels, the beach, and right-of-way. All but four of these parcels are fully developed or used in substantial part by an adjacent parcel for yard area, October 2010 Page 8 Draft Sunset Beach Specific Plan parking or accessory structures. Of the four parcels, three are vacant and one parcel is occupied by a billboard. The existing residential and commercial areas are 99 percent developed. Sunset Beach exhibits generally low relief with elevations ranging from sea level to five feet above sea level. Erosion of the shoreline in the area has been relatively continuous since the construction of the east jetty of Anaheim Bay in 1944. In 1945, the Navy constructed 600 feet of stone revetment downcoast from the Anaheim Bay east jetty to retard the erosion but had to reinforce it the following year. In 1947, the revetment was further extended and a wood sheet- pile bulkhead established to strengthen the shore road. In the 1940s, 1,422,000 cubic yards of material were placed on the beach. Additional material has been placed along the Surfside- Sunset Beach shoreline on a regular basis over the years and is expected to be needed on an on-going basis. Much of the area northwest of Pacific Coastal Highway was once a marsh and slough and was dredged and redeveloped to establish part of Sunset Island and Huntington Harbour in the 1960s. The development of these communities destroyed the marsh-slough habitat. The developed area of Sunset Beach does not provide a suitable habitat for wildlife or native vegetation because of its highly urbanized character, although certain avifauna may forage on the beach. Along the sandy beaches of the Specific Plan area, plankton, organic detritus, and debris form a primary food source for many of the macroscopic (i.e., large enough to be observed by the naked eye) species of marine animals, such as beach hoppers, sand crabs, and various species of clams. Also, microfauna could possibly be a food source for invertebrate macroscopic filter feeders. Filter and deposit feeders provide a food source for many fish species such as barred surfperch and California corbina, and also for numerous shore birds such as willets, whimbrels, dowitchers, plovers, and gulls. In turn, many of the vertebrates, especially the fishes, provide a food source for larger carnivorous vertebrates such as other fishes and mammals. Many invertebrate species are subject to cycles of abundance and rarity on any segment of sandy beach shoreline. The fish species present are frequently taken by in-shore anglers but are not exclusively confined to the shallow water of the open coast sandy beaches; they can also be found in deeper waters, or in bays and harbors, depending on such factors as migratory habits, spawning habits, weather conditions, wave conditions, and currents. Pismo clams are known to exist all along the intertidal and subtidal zones of the sandy beach shorelines from Anaheim Bay Harbor to the entrance to Newport Harbor. This bivalve is an important resource sought by recreational Clammers. The open coast sandy beach in the Specific Plan area and vicinity are spawning habitat for the grunion. Other fish species such as the barred surfperch and California corbina are found in the surf zone feeding primarily upon sand crabs. Common sandy beach organisms such as sand crab, pismo clam, bean clam, and polychaetes are known to exist intertidally and subtidally along the Surfside-Sunset Beach shoreline in spite of previous beach deposition (sand replenishment) operations. October 2010 Page 9 Draft Sunset Beach Specific Plan 2.2 Land Use The Sunset Beach Land Use Plan is intended to implement the goals of the City of Huntington Beach General Plan and Local Coastal Program. Broadly stated, the goals for the area are to: ■ Maintain and enhance the special character of Sunset Beach. ■ Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and man-made resources. ■ Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social economic needs of the people of the state. ■ Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners. ■ Assure priority for coastal-dependent and coastal-related development over other development on the coast. ■ Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone. More specifically, the City of Huntington Beach Sunset Beach Land Use Plan proposes to carry forward the land use designations previously approved by the County of Orange and California Coastal Commission. However, for consistency with the City's General Plan, some of the designations are different in name, though the types of permitted uses are similar. These uses will also be governed by the more specific regulations of this Specific Plan, as set forth in Section 3. The Sunset Beach Land Use Plan is illustrated in Exhibit 2.1. The Plan designates the 134 acre Specific Plan area as follows: Land Use Designation Acres Residential High Density-30 22.32 Commercial Visitor-Mixed Use Overlay 9.16 Public 13.00 Open Space-Shoreline 57.74 Open Space-Water Recreation 3.40 Right of Way 28.26 Total 133.88 October 2010 Page 10 SUGGESTED FINDINGS FOR APPROVAL—LOCAL COASTAL PROGRAM AMENDMENT Ms, NO. 10-001: l. Local Coastal Program Amendment No. 10-001 amends the Huntington Beach Local Coastal Program to reflect the annexation of Sunset Beach to the City of Huntington Beach including the adoption of the Sunset Beach Specific Plan, amendment of the zoning map,and text and figure changes in the Land Use Plan. The amendments propose the same type of land uses for the Sunset Beach area as allowed by the County of Orange certified Local Coastal Program/Specific Plan for Sunset Beach, including high density residential, visitor serving commercial,public and open space. The amendments continue the community's commitment to coastal access and coastal recreational resources and are consistent with the City's General Plan. 2. The proposed change to the Local Coastal Program is in accordance with the policies,standards and provisions of the California Coastal Act relative to land use,public access,public recreation,public views and preservation of beaches. The Local Coastal Program Amendment promotes the City's Local Coastal Program goals and objectives by allowing a mix of uses, including 55 percent of the land designated for public use,visitor serving commercial and high density residential,while preserving 27 existing public access points to the beach and existing scenic vista points. The proposed Specific Plan improves on the existing certified County Local Coastal Program/Specific Plan by adding requirements for bicycle parking to be included in new development and a water quality section. 3. The project conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The Specific Plan preserves 27 existing public access points to the beach and existing scenic vista points. The main public beach, small beach at 11t' Street and Pacific Coast Highway, Sunset Channel and Sunset Greenbelt(linear park)/public parking facility remain designated for public use with appropriate policies and standards. No existing coastal access will be impacted. 10/18/10 -161- Item 13® a Page 19 ATTACHMENT #2 RESOLUTION NO. 2010-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING GENERAL PLAN AMENDMENT NO. 10-002 WHEREAS, General Plan Amendment No. 10-002 proposes to amend the Land Use Plan by: 1. Predesignating 22.3 acres of real property one either side of Pacific Coast Highway between Warner Avenue and Anderson Street, as more particularly depicted on Exhibit "C" and attached hereto, as Residential High Density-greater than 30 units per acre-specific plan overlay(RH-30-sp); and 2. Predesignating 9.2 acres of real property one either side of Pacific Coast Highway between Warner Avenue and Anderson Street, as more particularly depicted on Exhibit "C" and attached hereto, as Visitor Serving Commercial-mixed use overlay-specific plan overlay (VSC-mu-sp); and 3. Predesignating 13.0 acres of real property between North and South Pacific Avenues, as more particularly depicted on Exhibit "C" and attached hereto, as P-sp (Public-specific plan overlay); and 4. Predesignating 3.4 acres of real property easterly of Pacific Coast Highway, as more particularly depicted on Exhibit"C" and attached hereto, as OS-WR-sp (Open Space-Water Recreation-specific plan overlay); and 5. Predesignating 57.7 acres of real property westerly of South Pacific Avenue, as more particularly depicted on Exhibit ."C" and attached hereto, as OS-S-sp (Open Space- Shoreline-specific plan overlay); and General Plan Amendment No. 10-002 also proposes to amend the Land Use Element by amending the mixed use overlay definition (Table LU-3), as more particularly described on Exhibit"F", adding Sub-Area 4L, which encompasses the subject property on the Huntington Beach Sub-Area map (Figure LU-6), and adding Sub-Area 4L to the Community District and Subarea Schedule (Table LU-4), as more particularly described on Exhibits"D" and"E" attached hereto; and General Plan Amendment No. .10-002 also proposes to amend the figures of the General Plan to reflect a change in corporate boundary and amend the Recreation and Community Service Element to add reference to recreational amenities in the Sunset Beach area and update the recreational facilities inventory and amend the Utilities Element to add reference to the Sunset Beach Sanitary District as more particularly described on Exhibit"F"; and The Planning Commission of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 10-002 and recommend approval of said entitlement to the City Council;and The City Council of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 10-002; and 1 09-2351.004/52243 Resolution No.2010-73 The City Council finds that said General Plan Amendment No. 10-002 is necessary for the changing needs and orderly development of the community, and is necessary to accomplish refinement of the General Plan and is consistent with other elements of the General Plan. NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the real property that is the subject of this Resolution (hereinafter referred to as the "Subject Property") is generally located between Warner Avenue and Anderson Street on either side of Pacific Coast Highway in the unincorporated area of Orange County between the City of Huntington Beach and the City of Seat Beach, and is more particularly described in the legal description and sketch hereto as Exhibits"A,"and"B" and incorporated by this reference as though fully set forth herein. 2. That General Plan Amendment No. 10-002, which amends the Land Use element of the General Plan to predesignate the.Subject Property as Residential High Density-greater than 30 units per acre, Visitor Serving Commercial-mixed use overlay, Public, Open Space-Water Recreation and Open Space-Shoreline, along with a specific plan overlay for the Subject Property; and amends the Land Use Element by amending the mixed use overlay definition and adding Sub-Area 4L; and amends the figures of the General Plan and the Recreation and Community Services Element and Utilities Element to modify text and tables, is hereby approved. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of October 1201 0 ayo REVIE D APPROVED: INITIAT AND APPROVED: C inistrator Airectir of Planning and Building A -POVED AS TO FORM: City Attorney M V ��� EXHIBITS A. Legal description of the Subject Property B. Sketch of the Subject Property C. Amended General Plan Land Use Map D. Table LU-4 Community District and Subarea Schedule and amendments E. Figure LU-6 Huntington Beach Sub-Area Map and amendments F. Amended General Plan Land Use Element(in addition to Exhibits"C", "D" and"E")Recreation and Community Services Element and Utilities Element 2 09-2351.004/52243 Resolution No. 2010-73 Resolution No.2010-73 EXUIBIT A PROPOSED "SUNSET BEACH ANNEXATION(AN 10-p_U" That portion of fractional Section 24,Township 5 South, Range 12 West,and those portions of fractional Sections 19 and 30,Township 5 South,Range 11 West,of the San Bernardino Meridian, in the*County of Orange,State of California according to the official plat of said land filed in the District Land Office described as follows: Beginning at the northerly terminus of that certain course in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 920 of said city shown as having a bearing and distance of"South 21'43' 12" West,249.38 feet", said northerly terminus also being the most easterly corner of Tract No. 21 as per map recorded in Book 9, Page 22 of Miscellaneous Maps, in the office of the County Recorder of said County; thence along said City Boundary Line the following courses: Course l: South 21'43' 12" West a distance of 249.38 feet, Course 2: South 07°56'07" West a distance of 53.74 feet to a point being in a curve concave to the northeast having a radius of 2940 feet; a radial line of said curve from said point bears North 44'12'36" East; Course 3: Southeasterly a distance of 63.71 feet along last mentioned curve through a central angle of 01°14'30", Course 4: South 47001'54" East a distance of 279.29 feet to the beginning of a tangent curve concave to the southwest having a radius of 3060 feet, Course 5: Southeasterly a distance of 195.23 feet along said last mentioned curve through. a central angle of 03°39'20", Course 6: South 43°2234" East a distance of 1599.82 feet to the beginning of a tangent curve concave to the southwest having a radius of 3050 feet, Course 7: Southeasterly a distance of 183.58 feet along said last mentioned curve through a central angle of 03°2655", to a point on a line parallel with and 30.00 feet southerly, measured at right angles, from the centerline of Los Patos Avenue(Warner Avenue) as said centerline is shown on a map filed in Book 53, Page 40 of Records of Survey in the office of said County Recorder,said point being the most southwesterly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 3489 of said city;thence leaving said city boundary, Course 8: South 89°51'53" West a distance of 377.41 feet along said parallel line to a point in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1126 of said city, said point also being southeasterly along said City Boundary line 40.61 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of"North 42'28'13" West, 1816.06 feet"; thence along said City Boundary Line, - 1 = Resolution No.2010-73 EXHIBIT A PROPOSED "SUNSET BEACH ANNEXATION(AN 10-91)" Course 9:,North 43'2354" West a distance of 40.61 feet, Course 10: South 89'51'53" West a distance of 291.59 feet, Course 11: South 49°10'33" West a distance of 344.56 feet to a point in the Mean High Tide Line of the Pacific Ocean as shown on Record of Survey 2010-1097 recorded in Book 241, Page 3 in the office of the County Recorder of said County,said point also being the southeasterly terminus of that certain course shown as having a bearing and distance of"North 41'43'52" West, 388.69 feet"; thence along said Mean.High Tide Line the following courses: Course 12: North 42'3849" West a distance of 388.69 feet, Course 13: North 44'46'59" West a distance of 1085.55 feet, Course 14:North 44'3T21" West a distance of 1283.71 feet, Course 15: North 43°4438" West a distance of 1709.89 feet, Course 16: North 41°23'09" West a distance of 968.62 feet, Course 17: North 47'20'53" West a distance of 703.78 feet to a point in-the southeasterly City Boundary Line of the City of Seal Beach, County of Orange,State of Calif6rnia, said boundary having been established as Annexation No.76-1 to said city, said point also being distant southwesterly along said City Boundary line 368.70 feet from the easterly corner of said Annexation No. 76-1; thence leaving said Mean High Tide Line and along said City Boundary Line, Course 18: North 49'35'36" East a distance of 368.70 feet to the most easterly corner of said Annexation No. 76-1, said corner also being the most southerly corner in said city boundary established as Annexation No. 67-1 to said city; thence along said City Boundary Line, Course 19: North 49°35'36" East a distance of 511.00 feet to the most westerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 919 of said city, said corner being in a curve concave to the southwest having a radius of 1060 feet, a radial line of said curve from said point bears South 25°58'14" West(South 26'05'34" West per said Ordinance No. 919); thence along said City Boundary Line the following courses: Course 20: Southeasterly a distance of 380.17 feet along said last mentioned curve through a central angle of 20°32'58", -2 - Resolution No.2010-73 E"IBITA PROPOSED "SUNSET BEACH ANNEXATION{AN 10-2j1 " Course 21: South 43°2848" East a distance of 389.02 feet to the beginning of a tangent curve concave to the southwest having a radius of 1060 feet, Course 22: Southeasterly a distance of 341.40 feet along said last mentioned curve through a central angle of 18°27'12", Course 23: South 25'01'36" East a distance of 63.84 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 24: Southeasterly a distance of 117.68 feet along said last mentioned curve through a central angle of 0790'23", Course 25: South 32'11'59" East a distance of 35.23 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 26: Southeasterly a distance of 186.20 feet along said last mentioned curve through a central angle of 11'20'5811 , Course 27: South 43'3257"East a distance of 563.44 feet along to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 28: Southeasterly a distance of 136.93 feel along said last mentioned curve through a central angle of 08'20'46 Course 29: South 51'53'43" East a distance of 179.28 feet to the most southerly corner of said Ordinance No. 919 of said city, Course 30:North 46031'47" East a distance of 323.43 feet to the most easterly corner of said Ordinance No. 919 of said city,said corner also being a point along that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city,a distance of 1008.96 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of "North 42°45'00" West, 2727.12 feet"; thence along said City Boundary Line, Course 31: South 42'28'34"East a distance of 980.00 feet to the most northerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1089 of said city; thence along said City Boundary Line, Course 32: South 46°45' 11" West a distance of 55.00 feet, Course 33: South 43°14'49" East a distance of 375.00 feet,_ Course 34: North 46'45'11" East a distance of 15.00 feet, Course 35: South 43'14'49" East a distance of 111.77 feet, - 3 - Resolution No.2010-73 EXHIBIT A PROPOSED "SUNSET BEACH ANNEXATION(AN 10-Di)" Course 36: North 75046'26" East a distance of 33.80 feet along said City Boundary Line to an intersection with that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city,said intersection also being northwesterly along said southwesterly boundary 261.60 feet from the southeasterly terminus of that certain course shown as having a bearing and distance of"North 42°45'00"West and a length of 2727.12 feet";thence along said City Boundary Line, Course 37: South 42°2834" East a distance of 261.60 feet, Course 38: South 47°13'34" East a distance of 35.00 feet to the Point of Beginning_ Containing an area of 133.88 acres,more or less. Attached hereto and made a part hereof is a map designated as EXHIBIT B. SURVEYOR'S CERTIFICATE This proposal was prepared by me or under my supervision. Jeremy L. Vvans, PLS 5282 Date: Expires: December 31, 2011 `nl�Pf Of CA1. This proposal does meet the approval of the Orange County Surveyor's Office. Dated this day of 201_ By: Raymond L. Mathe, County Surveyor PLS 6185, Expiration Date: March 31, 2012 - 4 - Resolution No.2010-73 EXHIBIT B Proposed "Sunset Beach Annexation" (AN 10--.0 0 g II \.. •citr of nantington Beocn„�.---- / oaD N..Jwa S ORS PARCEIL. s�+a•. a foa' NUM ERS \• .,'..._' W11 fLi Grnl of ORO a.r f (2J .e,1• n.u:.ra wm twaM aMY�IbY.Y h MM.r•� � _..�J"_ � 1 - P 1. tiSWl . 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PREPARtb 1 000 BCAtE - Wit AWR P.Ah t'e2pp' 1!/a0/2T0 Y:V1pum,lmvlaarwUnwuyx_to-a•af Resolution No.2010-73 I� Q j ..r x Land Us,e Plan Czty of Huntington Beach I General'Plan _ . , M1„ r P �oi'ic1 ixe se e' 'r ' � ` '"` - Sl C tl a •a Auto District Overlay 7c enst ~�.� � Residential Medium Density Commercial Recreation -d siori overlay c Density Code Permitted Density -n Historical Overlay c Residential Medium High Density Park mu O Mixed Use Overlay(Mixed Use Density) p' Residential High Density Shore 035 -pd Pedestrian overlay F1 0.50 Z Water Recreation -rmp Residential Mobile Home Park Overlay p Commercial F2A 0,75 -sp Specific Plan Overlay N Commercial Regional Public F3 1.0 F4 1.25 Commercial Visitor Public FS L 1,50 0 50 w Commercial General School,Hospital,Church F6 2.0 WHEN USING CAUTION MAP Commercial Neighborhood (underlying designation) F7 3.0 Commercial Office (W- ( ) mfametlen+newnneroenueeempnetlen fib 1,$ 0.35 C/2$dll/flC el care Rem eeWae of reMntl°«ureoy r-r-"7 Right of Ways&Bridges >n�ro� MQ-reMen<°hd.. F9 1.5(MU)-0.5(C}!25 du/ac Me.r,rn.cmmM.minpten a..en aen Industrial Flo 1.5(MU)-1,5(C)/25 du/ac netlueenroek+oenpetensuoreoouraer. kro the u+eP+reepenNONryrote Industrial F11 2.0(MU)-2.0(C)/25 du/ac flam mfermenon ro rhNr ewn utlNzecen. F12 10(NP-10(C)/30 du/ac Mixed Use F13 1,5(Nf(1)-1,5(C)/15 du/ac Mixed Use F14 1,75(MtJ)-0,2(C)/45 du/ac Mixed Use Horizontal For additional development standards,please refer to the I L Aul w 5 Mixed Use Vertical Community Subarea Map(Figure LU-6),and the Community Amended April 2010 District and Subarea Schedule(Table LU-4)of the Land Use Element of the General Plan, V.`r1,+ t "t �/ �``ti�\,/ P'>.`q 1 i ,w°°r r.^ ••C.y // )� '�., o,(~:.(�w T`>.•�` /`�.�\/...`fE ,4 .r<�• F,...r' r �r .., r...l 1 1 � 'r.. ('.I..i 1 `1' `�`'y :.. .,, 1�� ._J '!.."y�/_.. -.•�-,•,y,� r r JS I ^ r G c P: ji ( i. T r" `. ,� F ,..;11 t � �j,�;-, �r r ag.,..,( „"Tg� i ,3 Y l r......._....t. ' t... r •,.c, ^� _.............^..,. , ,....1 ....,(ter i �_ .... a r „f Yr°R. r � � r k r LEGEND Residential High Density ; Parcels c Commercial Visitor-Mixed Use Overlay C Right Of Way Huntington Beach Boundary Public N 0 Sunset Beach Boundary o Open Space-Shoreline w os-w`] Open Space-Water Recreation -sp Specific Plan Overlay "w= � This designation applies to all Land Uses for this area. ty Wfonnnlan'asrrl IkyuAneni Q� rbnw Exhibit 2. 1 Land Use Plan Resolution No.2010-73 Resolution No.2010-73 COMMUNITY DEVELOPMENT CHAPTER LAND USE ELEMENT TABLE LU 4(Cont.) Community District and Subarea Schedule Subarea .Characteristic. Standards and Principles, 4K Design and 5) within the southern grove ESHA buffer only — a water quality Natural Development Treatment System may be allowed so long as it is located in an area that is most protective of coastal resources and at least 246 feet from the ESHA. 6)In addition to the required ESHA buffer described above,grading shall be prohibited within 500 feet of an occupied raptor nest during the breeding season(considered to be from February 15 through August 31); C. Habitat Management Plan shall be prepared for all areas designated Open Space-Conservation which shall include restoration and enhancement of delineated wetlands, wetland and habitat mitigation, and establishment of appropriate buffers from development. D. Protective Fencing: Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas. 4L Permitted Uses Category: Residential high Density ("RH"), Commercial Visitor Sunset Beach ("CV"), Shoreline ("OS-S"), Water Recreation ("OS-WR") and Public ("P")uses pursuant to the Sunset Beach Specific Plan(SP 17) Densit /Intensit Pursuant to the Sunset Beach Specific Plan LSP 17 Design and Category:Specific Plan("-sp")and Mixed Use("-mu") Development 0 Requires the conformance with a specific or master plan. ® Mixed Use Overlay for the CV area for the allowance of residential uses pursuant to the Specific Plan 5 Area wide Enhance Huntington Center,the Edinger Corridor,and adjacent properties as Regional Functional hole a key focal point of regional commerce. "Core" 5A Permitted Uses Category: Commercial Regional("CR') Huntington Region-serving commercial uses permitted by the "CR' land use category Center and mixed-use structures vertically-integrating housing with commercial uses permitted by the"-mu"overlay. DensityAntensity Category: "-F2" ® Height: four(4)stories Design and Category: Mixed Use(-mu);Specific Plan(-sp) Development o Require the preparation of and development in conformance with a specific or master plan. ® Design and site development as a cohesive and integrated center and as stipulated by Policy LU 10.1.16. - • Locate buildings around common courtyards and pedestrian areas- ® Locate a portion of development along the Beach Boulevard frontage. o Improve the signage and sense of entry from the Interstate 405 Freeway, Beach Boulevard,and other major access points. ® Implement extensive streetscape improvements along the Beach THE CITY OF HUNTINGTON BEACH GENERAL PLAN II-LU-60 Resolution No_2010-73 Resolution FOk 201123 +88`� 4G e 4G 88— 9 , a 9C 4G P 4G' B �0 4G 4G _8B R f Be 88 ti / 4G � c • 8A Iwe s / 4G Y Be 4G-.- } 1 • Be 4G � Be -r e t 4A `�. 9F 4G d Be 9F 88— LEGEND pacificat� City Boundary Old Town EJDowntown PCH Coastal Corridor Pier Regional Commercial Core HUNTINGTON BEACH � SUB-AREA MAP zs 1 LN yo City of Huntington Beach General Plan 9fy p� —LU—CIO Sp Resolution No.2010-73 Resolution No.2010-73j U 9 � 2 W O V' a uYi —p o SEAL WESTMINSTER BEACH eotsAl -- Mc a o FADDEN — — --I ZEDWjER HELL - WAS FOUNTAIN VALLEY 405+ - SLATS •� �� � syyo/F •`'� COUNTY OF •� TALBEtT ORANGE (BOLSACHICl) s _m S_ 1 I- GAn 6 PACIFIC Z OCEAN A / --:AOAMS ' 9�31ANPP { ATLANTA cO�rl I HAtd am IG COSTA / MESA legend City Bwndary - - CITY LIMITS 1 i ®2 CITY OF HUNTINGTON BEACH GENERAL PLAN Resolution No.2010-73 COMMUNITY DEVELOPMENT CHAPTER LAND USE ELEMENT TABLE LU-3 Development"Overlay"Schedule Land Use"Overlay" Characteristics/Requirements Cat o Specific Plan Permits underlying land uses and requires that a Specific or Development Plan be -sp formulated for large scale,mixed-use multi-phased development projects which provides greater specificity for land use and infrastructure plans,design and development standards,and phasinglimplementation. Pedestrian District Permits underlying land uses and requires conformance to land use(restrictions on -pd non-pedestrian active uses)and design standards(e.g.,siting of building frontages) to ensure high levels of pedestrian activity along the street frontage. Historic District Permits re-use of existing historic structures for the underlying land uses. -h Residential Mobile Home Permits the density of a mobile home park, located within a residential low density Park designation,to exceed the underlying density of seven(7)units per acre. The -rmp maximum density of the mobile home park shall not exceed the existing density of the mobile home park. Mixed Use Permits the development of residential uses in conjunction with the underlying -mu commercial designation. The overlay permits the development of horizontally or vertically integrated mixed use projects(See LU H.l.lj. The design and density for a mixed use project shall be as shown on the Figure LU 5 in parentheses(See Table LU-2b for more detail)or as set forth in a Specific Plan. If a mixed use project is not .�— proposed,then the density of the underlying commercial designation shall be utilized I-LU 1,I-LU 13,and I-LU 10). Automobile District Permits the development of an automobile district in addition to the underlying land -a uses. Special Design Standards Permits underlying land uses in accordance with special design standards. -d THE CITY OF HUNTINGTON BEACH GENERAL PLAN II-LU-29 Resolution No.2010-73 INFRASTRUCTURE AND Com mUNrrY SERVICES CHAPTER RECREATION AND COMMUNITY SERVICES ELEMENT STATUTORY REQUIREMENTS In addition to the seven mandatory elements,other optional elements may be included within a community's General Plan. Section 65303 of the California Government Code states: The General Plan may include any other elements or address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city. Huntington Beach's Recreation and Community Services Element is just such an optional element. It is specifically concerned with identifying, maintaining, and enhancing local parks and recreational services and facilities. Once this is adopted by the City of Huntington Beach, it becomes a component of the General Plan,with the same legal status as the mandatory elements. TECHNICAL SYNOPSIS The City of Huntington Beach's recreational opportunities consist of parks, golf courses, and coastal amenities, including nine approximately 9.5 miles of coastal parks and beaches. This fast section summarizes the Technical Background Report's existing conditions discussion. The existing condition summary is followed by the Recreation and Community Services Goals, Objectives, Policies, Implementation Programs,and Implementation Matrix. A. NON-COASTAL.PARKS AND RFcREATION 1. Existing Parks and Recreation Facilities Huntington Beach contains -74 75 parks which encompass C'7�758.61 acres. These include si* 10 mini parks totaling 2-.7 4.85 acres,-58 52 neighborhood parks totaling 157.3177.54 acres,severe 10 community parks totaling 143.28 168.33 acres, and two three regional parks (Huntington Central Park= and Blufftop Park and OC Repional Weider Park) encompassing 2-74 407.90 acres. Regional facilities adjacent to Huntington Beach include Sunset Aquatic Park in Seal Beach(95 acres/260 boat slips), Mile Square Park in Fountain Valley(632 acres),and Bolsa Chica Ecological Preserve in Orange County(300 acres). THE CITY OF HUNTINGTON BEACH GENERAL PLAN III-RCS-1 Resolution No.2010-73 INFRASTRUCTURE AND COMMUNrrY SERVICES CHAPTER RECREATION AND COMMUNITYSER VICES ELEMENT 8. Equestrian Trail System The City maintains approximately two miles of horse trails located in Huntington Central Park. A 25-acre privately developed and maintained equestrian center is available for public use. Riders also utilize trails in the residential area located south of Ellis Avenue between Edwards and Golden West Streets. The City's Trails Implementation Plan contains the adopted Equestrian Trails Plan which emphasizes equestrian use west of Golden West Street within Huntington Central Park and ultimately extends the trail system into the Bolsa Chica area. The Harriett M. Weider Regional Park is planned to provide pedestrian, equestrian, and bike trails connecting Central Park with Bolsa Chica State Beach(equestrians will not be able to access the beach from this trail). 9. Newland House The Newland House, located on a bluff near the northeastern corner of Beach Boulevard and Adams Avenue, is the former home of Huntington Beach pioneers William and Mary Newland. Built in 1898,the house and adjacent grounds were restored to preserve the site and are operated and maintained by the Historical Society through a lease agreement with the City. The site also contains public meeting space. For information on the historic significance of the site, please see the Historical Resources Section of the Technical Background Report. B. COASTAURECREATIOIN FACILITIES 1. Municipal Pier The City of Huntington Beach Municipal Pier is located at the intersection of Main Street and the Pacific Coast Highway and serves as the focal point of the City's downtown area. The pier's facilities include a lifeguard tower,observation and fishing platforms, bait and tackle stand, "end of the pier" restaurant, and temporary public restrooms. Future facilities will include a snack shop, permanent rest rooms,bait and tackle shop,and pier plaza. 2. Beaches Pv&ks Huntington Beach contains approximately nine 9_5 miles of shoreline; including the Bolsa Chica and Huntington State Beaches, operated by the California State Department of Parks and Recreation, and the Huntington City Beach and Sunset Beach,operated by the City. The City of Huntington Beach also operates a portion of Bolsa Chica State Beach from the Pier to Seapoint Street. The tree four beaches have an annual .visitation rate of fifteen It million visitors. These beaches encompass a total of approximately 388 433.37 acres and provide regional recreational opportunities for sunbathing, swimming, surfing, bodysurfing, and sand volleyball. Except for Sunset Beach,Pfire rings are also available for barbecues and evening campfires. Offshore clam beds and a variety of game fish also attract divers and surf fishermen to the Huntington Beach shoreline. A trail extends the length of this shoreline north to Warner Avenue, allowing for bicycle riding,jogging and walking separated from vehicular traffic. The beaches have been the sites of many national and international surfing contests and are among the best surfing areas on the West Coast. THE CITY OF HUNTINGTON BEACH GENERAL PLAN III-RCS-4 Resolution No.2010-73 INFRASTRUCTURE AND COMMUNITY SERVICES CHAPTER RECREATION AND COMMUNITY SERVICES ELEMENT Huntington Harbour contains four small beaches. Two beaches are located at the Huntington Harbour entrances to Davenport and Humboldt Islands and two beaches are adjacent to Trinidad and Seabridge parks. Sunset Beach contains one small beach at 11th Street and Pacific Coast ig way. a. Recreational Vehicle(RV)Camping The Sunset Vista Camper Facility, located on Pacific Coast Highway in the Huntington City beach parking lot at Lake Street, is a City-operated recreational vehicle camping site offering 150 spaces from September 15 through May 31. In addition, the State Department of Parks and Recreation allocates 100 spaces for camping at the Bolsa Chica State Beach. The spaces are available year-round,with a maximum two-week stay. The City beach also offers a similar program for en route RV camping between June I and September 14. b. Huntington Harbour Huntington Harbour is a 680 860 -acre residential development oriented around a network of manmade channels located in the northwest corner of the City. The waterways provide significant opportunities for boating which is the major recreational use of the area. The City operates three boat slips for public use. Public access to the channels is provided in several areas where boats can be rented, such as the City-operated public boat ramp located adjacent to the Warner Fire Station at Warner Avenue acid Pacific Coast Highway. An additional boat ramp is located at the Sunset Aquatic Park in Seal Beach. The City also operates Percy Dock across the harbor from Warner Dock;the Percy Dock includes a parking lot and a dock but does not include a ramp. THE CITY OF HUNTINGTON BEACH GENERAL PLAN III-RCS-5 Resolution No.2010-73 INFRASTRUCTURE AND CoMMUNTCY SERVICES CHAPTER RECREA 77ON AND COMMUNITY SERVICES ELEMENT C. FUTURE RECREATIONAL NEEDS The City has set its park standard at five acres per 1,000 people. ' The City's population is 204,784, based on the January 2010 estimate from the State Department of Finance for Hun tinQton Beach and an estimate of 1,300 for the Sunset Beach community. Based on the 4990 2010 population and the. City's standard, the City should have a total of 9071,023.92 acres of parkland in 4992 2010. City parks encompass approximately 576 859.12 acres, including the City-owned public golf course and the tliee City beaches pis encompass approximately MO 207.99 acres. Therefore, the City contains 9-6 1,067.11 acres of parkland,which exceeds the defined standard. Under the Quimby Act, in-lieu funds can be used for park renovation, acquisition; and development. Recreation programs are funded through service fees and by the general fund. Many of the local school sites provide recreational amenities and facilities to the surrounding neighborhoods, including youth sports fields. Recent population trends and budget constraints have led to school closures. Some school districts have sold or are contemplating selling the closed school sites for residential or other development. Since the schools provide recreation sites, their closure and potential future development could remove the public recreational amenity from the neighborhood. The city of Huntington Beach should assess and determine the value of acquiring the sites or portion of the sites for public use. ISSUES i. The impact of growth on recreation and park facilities needs to be assessed and accommodated (RCS 2.L 1, RCS 3.1.1, RCS 3.1.5, and RCS 5.1.2). 2. Closed school facilities should be evaluated as to whether the need exists to:utilize a portion of each site for a neighborhood park and/or youth services(RCS 1.1.7 and RCS 5.1.1). 3. Adequacy of recreation programs and available park acreage should be periodically assessed to ensure adequacy(RCS 1.1.2, RCS 2.1.1, RCS 2.1.4,and RCS 4.1.2). 4. Parks which feature areas of natural environment should be provided (RCS 1.1.2). 5. Adequate funding for park and beach maintenance and renovation should be maintained to ensure park usability(RCS 2.1.2, RCS 2.1.3, RCS 6.1.2, and RCS 7.1.1). 6. Quimby Act in-lieu fees and alternative funding methods for park development and renovation should be periodically evaluated(RCS 8.1.1 and RCS 8.1.6). 7. The City should assess the impact of increases in the population or demand for community center services and should plan accordingly(RCS 2.1.1 and RCS 3.1.1). 8. The aging of the general population and increases in the senior population will increase demand for senior services. The City should asess possibilities for building a new multi purpose Senior Center and incorporate the Outreach Center to meet increased demands (RCS 1.L 1, RCS 3.1.2, and RCS 3.1.5). 9. The City is required to devise an implementation plan addressing the Americans with Disabilities Act of 1992(RCS 1.1.1, RCS 3.1.6, and RCS 4.L 3). 10. All designated park lands need to be preserved with proper land use designation (RCS 2.1.1, RCS 3.1.3, and L U 71.1). THE CITY OF HUNTINGTON BEACH GENERAL PLAN III-RCS-6 Resolution No.2010-73 H b. Z � m CD W N SEAL I ® WESTMINSTER BEACH Mc o FAQ WARNER VX1.EYN Y 4M ® �SLATER NZ •�• COUNTY ORANGE ® •TALBERT "yY ausGARIIELD YORKTOWN �. PACIFIC CI � ADAMS i .: ® 01 0 / •PO4NAeouS - ° O AIIANTA Jr k,%JoS COSTA MESA LEGEW i NOTE:RefertO Tie RCS-1 and RCS-2 for name,bcafim aW desmom of pac kcHm - -_ PARK I RECREATIONAL FACILITIESIRC&I L�1 - CITY OF.HUNTiNGTON BEACH GENERAL PLAN Z w` III-RCS-7 1 2 n m u a F s Map Location(see Figure RCS-1) �}+,: Acres. �;; •; • •. :: Activities Building Barbeque or Fire Rings r ?, •� Basketball Beach M _ • Bicycle Path Camping C >w • h • ` • ' • ., • ` .. • y • fit; ® i; • • • • : • Child Play Area(Tot Lott Communityor Recreation Center Equestrian tralls 7y 1 Fishing co �f Frisbee Goff Course ° I. Gymnasium ' ; ► Horseshoes —_ o Lake --- o Y R. BarnNature Center c O Newland House I Barn _ w ® • • • ,4:i • • . ? ® • • w� • ` • • • • • �:' • Open Play Area(Grass) �. • ;' • • _� :® f> <�: • Picnic Tables M: Racquet Bail l Handball ..a iv. ShuMeboard Vt Meta , Skateboard Park k *.+ 4�4t f rf 5 r`��, ��<, 2' Softbal101arnondS Y:< Swimming Pool Tennis ...�, .,� • Viewpoint ;:o� .:yl +•,� � r � � , �p}�� -� !� 'pit/ r t ! ;4 :;•'•. r .. � .,`.: , IY $ , 3 1 I! 11• 1,� i I r .19 ^ � ' � yy�� ate• Y � r y w � I py ,.t..z. t,h •., :t e� t�f ;., tf� ,p a I• '•�Q'q�� ;i Oe Of .�' ' •1!N O OD Of 1 A !V -. 1'b � n QY �' <`Of � �' N�; �.� � .. W i� '`�' Map.tacatlon(see('tQlltB RCS•1) � '•� O ��tt •�i! W ��tt !!p 11, cK �r •• •.ay �,ft J' .p��S����: + { ... CD g tt+ t n is� kai ��y in i+ Yi N i N "• of ' ,f. t"?' r �^,: A A � ,ir.l , r" ::'c� � II '"� �+ � 4 n , '> • r i': •� ,C! .AI•.":v., i;i!c:ii !;t..l.: Activ�es BU9ding r /•ih� �•f ���'A' ;Q' 4'' I i to �. 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VII.+ -.Y `' :I.. ;.j. ,•,V, Y.:••' 1/ 1_ F.v >�, '.,.1.utY 1��:�:i. :Y;%t:,;, Y Y¢ <.� .,. ^,!��, ra,:;;a: .'i\?::;{ -:1::'•�;t Vtewpolnt I,ti .I • iMYY.D'+.•1'�i %1:.YY p,r�• ;A • Volel bd•:i l Resolution No.2010-73 Updated Park/Open Space inventory,August 2010 Park Name Park Type Acreage Address 1 Arevalos N 2.58 10441 Shalom Dr 2 Baca C 14.35 7329 Sherwood Or 3 Bailey(formerly Seacliff#1) M 0.59. 6782 Morning Tide Or 4 Banning/Magnolia N 1.18 SEC Banning&Magnolia 5 Bartlett C 27.73 19822 Beach Blvd 6 Bauer N 2.04 21401 Newland St 7 Bluff Top R 19.66 2201 Pacific Coast Hwy _ 8 Bolsa View N 2.70 5653 Brighton Or 9 Booster M 0.85 16861 Baruna Ln 10 Burke N 2.50 20701 Queens Park Ln 11 Bushard N 2.38 9691 Warburton Or 12 Carr C 10.72 16532 Springdale St 13 Circle View N 2.31 15720 Willet Ln 14 Clegg-Stacey N 2.80 6161 Larchwood Or 15 College View N 2.70 16281 Redlands Ln 16 Conrad N 2.71 3612 Aquarius Or 17 Davenport Beach****_ M _ 0.46 __ 4031 Davenport Or 18 Discovery Well J N_ 6.60 6720 Summit Or 19 Drew N 2.28 20252 Cape Cottage Ln 20 Eader N 2.68 9281 Banning Ave 21 Edison C 39.69 J21377 Magnolia St 22 Farquhar N 3.52 1951 Main St 23 Finley(formerly Seacliff#2) M '0.56 6782 Evening Hill Or 24 Franklin N 1.52 5760 Sands Or _ _ 25 French**** M_ 0.33 3482 Venture Or 26 Gibbs N _6.83 16641 Graham St _ 27 Gisler C 11.67 21215 Strathmoor Ln 28 Glen View N 3.02 6721 Glen Or 29 Golden View N 2.81 17201 Cobra Ln 30 Green N 4.04 18751 Seagate Or 31 Greer C 10.44 6900 McFadden Ave 32 Harbour View N 4.02 16600 Saybrook Ln 33 Haven View N 2.95 16041 Waikiki Ln 34 Hawes N 2.68 9731 Verdant Or 35 Helme _ -N--- 2.02 18591 Chapel Ln - -36 Hope View N j 3.61 6371 Armada Or _ 37 Humboldt Beach**** M `0.48 4141 Humboldt Dr 38 Huntington Central R 343.24 18002 Goldenwest St 39 Irby N _ 10.91 6770 Ruth Or 40 Lake N 4.75 1035 llth St _ 41 Lake View N 2.16 17461 Zeider Ln 42 Lamb N 2.60 10151Yorktown Ave 43 Lambert N 3.50 18321 Newland St 44 Langenbeck C 17.02 8721 Suncoral Or ~ 45 Lark View N 3.65 17141 Fraser Ln 46 Le8ard N 4.99 20461 Craimer Ln 47 Manning N 2.46 307 Delaware St 48 Marina C 9.34 5562 Cross Or 49 Marine View N 296 17442 Frans Ln 50 McCallen N 5.84 2309 Delaware St 51 Moffett N 2.38 20400 Meander Ln 52 Murdy C 16.04 7000 Norma Or _ 53 Newland N _ 2.94 19702 Topeka Ln 54 Oak View N 1.31 17261 Oak Ln 55 Orange County Regional Park(Wieder)* R 45.01 192515eapoint St Resolution No.2010-73 Park Name Park Type Acreage Address _ 56 Pattinson N 3.51 6200 Palm Ave 57 Perry N 1.88 8152 Deauville Or — 58 Pleasant View N 2.17 16650 Landau Ln 59 Prince M 0.22 3282 Venture Or 60 Robinwood N IAl 5180 McFadden Ave 61 Schroeder N 2.37 6231 Cornell Or _ 62 Seabridge N 3.91 16252 Countess Or _ 63 Seeley N 3.37 9711 Surfcrest Or F Sowers N 2.65 9272 Indianapolis St Sunset Beach Greenbelt*** N 6.41 btwn.S.&N.Pacific Aves_Sun View N 2AS 16192 Sher Ln Talbert N 5.44 19222 Magnolia St Tarbox M 0.44 16601 Wellington Cir Terry N 4.81 7701 Taylor Or Triangle Park N 1.11 525 Main St.�:� Trinidad**** M 0.75 36fl15agamore Dr Wardlow N 8.36 19761 Magnolia St Wieder N 4.80 16662 Lynn Ln 74 Worthy C 11.33 183117th St 75 11th Street Beach**** M 0.17 11th St.and PCN Park Acreage Total 758.61 City Gym&Pool 0.50 1600 Palm Ave Rodgers Senior Center 2.01 11706 Orange Ave Beach Acreage** 207.99 Meadowlark Golf Course 98.00 _ Total Park/Open Space Acreage Total 1067.11 *Only includes park acreage within city limits _ **Includes beach area from Beach Blvd to Seapoint St.,and Sunset Beach _ ***Acreage excludes parking area ****Beach Park -- — Bold text for individual parks indicates addition to park inventory list since GP adoption in 1996. Resolution No.2010-73 INFRASTRUCTURE AND COMMUNITY SERVICES CHAPTER UTILITIES ELEMENT c. Water Storage The water storage system consists of.Overmyer Reservoir and the Peek Reservoir, both located within the City. Peck Reservoir's capacity is 16 million gallons and Overmyer Reservoir has a capacity of 23 million gallons. The reservoirs store both groundwater and imported water. The reservoirs fill with water at night and empty during the day. Presently,the storage facilities are inadequate to serve the water demands of the City. Policies contained in the 1995 Water Master Plan will address these inadequacies. d. Water Booster-Facilities Booster facilities pump water from reservoir storage into the water distribution system when normal water pressures are insufficient. At present, booster facilities are inadequate to maintain water pressure levels_ Policies contained in the 1995 Water Master Plan will address these inadequacies. e. Water Distribution System The local distribution system consists of approximately 480 miles of water lines ranging in size from 2 to 42 inch diameter pipes. Huntington Beach has an emergency service agreement with the cities of Fountain Valley, Seal Beach, and Westminster to receive water during a disaster. The existing system is inadequate, but with policies contained in the 1995 Water Master Plan,these inadequacies will be addressed_ 2. Improvements The 1995 Water Master Plan analyzes demands and impacts of surrounding communities such as Sunset Beach and Surfside on the City's system, as well as the anticipated impact of future developments such as the Bolsa Chica_ The Huntington Beach's Water Department currently supplies or may supply water to these areas_ The Master Plan identifies the following improvements which the Water Department is in the process of requesting approval from the City Council to fund and construct: a. Three new underground water wells. b. 43 million gallons of water storage that has been designed but the site has yet to be determined. c. The City will participate in the Orange County Water District's Green Acres Project. The Green Acres Project is a treated reclaimed water project which will be used for landscape irrigation. The reclaimed water distribution line location will be determined by the Orange County Water District, anticipated start up date is 1997. B. SANITATION TREATMENT AND SEWERAGE The Sanitation Treatment and Sewerage services for the City of Huntington Beach are provided by two three entities: The Orange County Sanitation District{OCSD}3 and the City of Huntington Beach Public Works Department, and the Sunset Beach Sanitary District. Currently, 98 percent of the City is connected to the sewer system. The remaining two percent utilizes septic tanks and is scattered throughout the City. These areas are under no pressure to convert from septic tanks to the sewer system at this time. THE CITY OF HUNTINGTON BEACH GENERAL PLAN III-U-2 Resolution No.2010-73 INFRASTRUCTURE AND COMMUNITY SERVICES CHAPTER UTILITIES ELEMENT f. Orange County Wastewater Treatment The two wastewater treatment plants serving the City of Huntington Beach perform primary and secondary treatment procedures. Plant#1 is designed to treat the wastewater generated by neighboring cities and the northern portion of the City. Operators in Plant#i determine whether it has the capacity to treat the directed wastewater or if the wastewater should be transported to Plant#2. Plant#2 treats most of the City's sewage. The following table describes the characteristics of the two plants: Current O rating Ca aci Existing Operations Planned hn rovements Plant#1 60 Primary MGD 50 Primary MGD Additional 60 60 Secondary MGD Primary MGD Plant#2 200 Primary MGD 170 Primary MGD None 95 Secondary MGD The OCSD has developed engineering plans for plant improvements anticipated to meet the needs of the City to the year 2050. Implementation of these plans is dependent on increased demands rather than a set time table. Many of these improvements will need to be implemented prior to the construction/occupancy of any planned large developments. At present,the OCSD has seen a 14 percent drop in wastewater treatment demand due to water conservation practices and City and County imposed regulations. However, the OCSD states that this trend may be misleading and that it may be premature to determine future demand trends. 2. Existing Sewage Collection System The existing sewage collection system consists of major trunk lines, smaller feeder lines, and lift stations. The City's Public Works Department and the Sunset Beach Sanitary District is are responsible for the local level of service while the OCSD is responsible for the regional service: The OCSD's trunk lines connect local lines to the treatment plants. The major trunk lines flowing to treatment plants are constructed and designed to incorporate all the City's smaller outlet sewer lines. The sewage trunk lines are designed to not exceed 0.75 depth over diameter (D/D), the system is currently working at about 0.5 D/D. OCSD has no immediate plans for updating the existing lines other than the normal replacement of deteriorating sewer lines and trunks. The OCSD also owns and operates three pump stations in the City. The pump stations help transport the sewage through the system and onto the treatment plants. The Slater Pumping Station is presently being improved. This pumping station is instrumental for any future developments of Bolsa Chica and McDonnell-Douglas. The City of Huntington Beach and the Sunset Beach Sanitary District owns, operates, and maintains the smaller sewer lines that run from the households or businesses to the larger City and OCSD owned sewer trunks. THE CITY OF HUNTINGTON BEACH GENERAL PLAN I11-U-3 Res. No. 2010-73 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on October 18, 2010 by the following vote: AYES: Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Carchio, Coerper, Hardy ABSTAIN: None CitVClerk and ex-officio Vlerk of the City Council of the City of Huntington Beach, California ATTACHMENT #3 RESOLUTION NO. 2010-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING ZONING TEXT AMENDMENT NO. 10-002 BY CREATING THE SUNSET BEACH SPECIFIC PLAN(SP 17) WHEREAS,the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate public hearings relative to Zoning Text Amendment No. 10-002, wherein both bodies have carefully considered all information presented at said hearings, and after due consideration of the findings and recommendation of the Planning Commission and all evidence presented to the City Council, the City Council finds that such zone change is proper and consistent with the General Plan. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The Sunset Beach Specific Plan is consistent with the adopted Land Use Element of the General Plan, and other applicable policies and is compatible with surrounding development. 2. The Sunset Beach Specific Plan enhances the potential for superior urban design in comparison with the development standards under the base district provisions that would apply if the Plan were not approved because the Plan's regulations recognize the existing unique and developed character of the Sunset Beach area. 3. The deviations from the base district provisions that otherwise would apply are justified by the compensating benefits of the Sunset Beach Specific Plan, which maintains significant and well located public open space and scenic vistas of the Pacific Ocean. 4. The Specific Plan includes adequate provisions for utilities, services and emergency vehicle access and public service demands and will not exceed the capacity of existing and planned systems. S. That the real property subject to this Resolution is generally bounded by Anderson Street to the north, the City of Huntington Beach corporate boundaries to the east, Warner Avenue to the south and the Pacific Ocean to the west, and is more particularly described in the legal description and map attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein. 1 09-2351.005/52244 Resolution No.2010-74 6. The Sunset Beach Specific Plan, attached hereto as Exhibit "A" and incorporated by this reference as thoroughly set forth herein, is hereby adopted and approved. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the 18th day of Octobe 2010. aY REVIE D APPROVED: INITIATE ND APPROVED: City 4Gi strator Director of Plammmg and Building APPROVED AS TO FORM: ty Attorney Cy m y + _to ATTACHMENTS Exhibit A: Specific Plan No. 17—Sunset Beach Specific Plan Exhibit B: Project Area Map and Legal 2 09-2351.005/52244 Resolution No.2010-74 4 Draft Sunset Beach Specific Plan 3 �V '$�!'-��`3 I'm ''" -,' "�ra. x. a,,-.:`�•. r ^ ,n�;t`t,+» i" ': ''�, :s :'sue F> 3 October 2010 Draft Sunset Beach Specific Plan Prepared by: City of Huntington Beach Planning and Building Department 2000 Main Street Huntington Beach, CA 92648 Adopted by City Council: October 18, 2010 Certified by the California Coastal Commission: Table of Contents Page No. 1. Introduction.......................................................................................................................... 1 1.1 Location.............................................................................................................................. 1 1.2 Specific Plan Area Background........................................................................................... 1 1.3 Purpose and Intent............................................................................................................. 4 1.4 Authority and Scope............................................................................................................ 4 1.5 Previous County of Orange Approvals for Sunset Beach.................................................... 6 1.6 Previous California Coastal Commission Approvals for Sunset Beach................................ 6 1.7 Consistency with California Environmental Quality Act(CEQA........................................... 6 2. Land Use Plan...................................................................................................................... 8 2.1 Existing Conditions............................................................................................................. 8 2.2 Land Use...........................................................................................................................10 2.3 Circulation..........................................................................................................................18 2.4 Flooding and Shoreline Structures.....................................................................................22 2.5 Infrastructure and Utilities..................................................................................................22 Infrastructure......................................................................................................................22 Utilities................................................................................................... .........................24 3. Development Standards........................................................................................................26 3.1 Purpose ...........................................................................................................................26 3.2 General Provisions ............................................................................................................26 3.3 Regulations...................................................................................... 3.3.1 Sunset Beach Residential.........................................................................:..........29 3.3.2 Sunset Beach Tourists.............................. ..........................................................34 3.3.3 Public Facilities....................................................................................................37 3.3.4 Parking Requirements .........................................................................................42 3.3.5 Fences and Walls....,...........................................................................................45 3.3.6 Sign Regulations..................................................................................................46 3.3.7 Accessory Uses and Structures...........................................................................49 3.3.8 Flood Plain District...............................................................................................50 4. Administration........................................................................................................................51 4.1 Enforcement of the Specific Plan .....................................................................................51 4.2 Methods and Procedures...................................................................................................51 4.3 Specific Plan Amendments................................................................................................53 4.4 Severability........................................................................................................................53 October 2010 Page i List of Exhibits Paste No. Exhibit1.1 Vicinity Map................................................................................................................. 2 Exhibit 1.2 Aerial Photograph ....................................................................................................... 3 Exhibit1.3 Zoning Map ................................................................................................................ 5 Exhibit2.1 Land Use Plan............................................................................................................12 Exhibit 2.2 Scenic Vista Viewpoints .............................................................................................15 Exhibit 2.3 Existing Beach Access...............................................................................................16 Exhibit 2.4 Typical Section...........................................................................................................21 Exhibit 3.1 Specific Plan District...................................................................................................29 Exhibit 3.2 Permitted Encroachment Areas within Sunset BeachChannel....................................41 Exhibit 3.3 Criteria for Sunset Beach Channel Encroachment......................................................42 Appendices..................................................................................................................................54 A. Legal Description October 2010 Page ii Draft Sunset Beach Specific Plan 10 Introduction 1.1 Location Sunset Beach is an approximately 134 acre primarily residential community that stretches 1.2 miles from Seal Beach at the northwest extremity to Bolsa Chica State Beach, with which it is contiguous at the southeast, as shown in Exhibit 1.1, Vicinity Map. It is bordered on the southwest by the Pacific Ocean and on the northeast by the Huntington Harbour and Peter's Landing developments and is in proximity to the Bolsa Chica Wetlands and Sunset Aquatic Park. The entirety of Sunset Beach is located in the Coastal Zone. From the ocean inland Sunset Beach is formed by six successive strips running the length of the community_ the beach, the ocean front residences along South Pacific Avenue, the linear park/public parking facility between South and North Pacific Avenues, the residences along North Pacific and side streets, the mixed residential-commercial buildings on both sides of Pacific Coast Highway, and the residences on Sunset Island and adjacent to Park Avenue (Exhibit 1.2, Aerial Photograph). 1.2 Specific Plan Area Background Sunset Beach was established as an unincorporated town on September 8, 1904, governed by the County of Orange. Its formal establishment followed construction of the Pacific Electric Railway(PER). The Newport-Balboa line was the first PER line into Orange County and ran down the coast from Long Beach. The line was extended into Huntington Beach via Seal Beach in Summer 1904. Sunset Beach was laid out along the tracks in 1905. An 80 foot wide boulevard was graded running north to south next to the"Red Car" line, the common reference to PER, and became known as Ocean Boulevard. This thoroughfare was renamed Pacific Coast Highway in 1926. Development of Sunset Beach was similar to that of small coastal communities of the time and was punctuated by various events that helped to shape it to its current form, not the least of which was the rail line and the highway. The other notable change for the area was the development of Huntington Harbour in the 1960s, which transformed marsh and slough into residential islands, a marina and commercial area. Sunset Beach is unique among coastal communities in that 55 percent of its total area, excluding streets, is publicly owned and utilized. Of its almost 134 acres, approximately 74 acres are devoted to public uses, which include the main beach, a combination linear park and public parking facility, Sunset Channel and 11t'' Street beach. Approximately 31 acres are developed with residential and commercial uses, and 28 acres are right-of-way(streets). There are 700 residential units in the community developed at a range of densities, with commercial and mixed use developments mostly along Pacific Coast Highway. The community has approximately 1,300 residents. While Sunset Beach is almost built out, remodeling and rebuilding of residential lots occurs on an on-going basis. October 2010 Page 1 F-I In A - �'•4y� Ellj � II!sC iin,m (�' in�lillE i Ilsl� MIN.r;1i��,ti� ���Oi�/iq/1�jljiflt4l�/���{�cmnmer���►tttiii "�• �'�4� �!� [` e<:!�i 4/4ili�p,t,�tZ*#__nuriut 1i r.r�.'. y' �• 7f ���"�'r+ 9, ;.°e!!!//itl/////!J\�■�_tiln{ilill.�lir.�� �� � a Sunset — � -- ` Mum,Huntington Beach Centerli k , f r �e .�r 1 a�p..,P ,��k y;�;" ����J�� ry, yr F. tU`.. s'�.""V' ;,,, '�'t i t yb'+.a , * y �i` F y"�^+?-:. '9'�' r x 9� L' �,.rs�'{xt.•' �1'.rt�S',.° 4 C a�`'x`��� �Y'9 �r�''Lm���:: .n. '..a r • ,++,,..�.y�.'�j�.,�w _;A.k� �.:':; *`,� 4k �:>Gv.`w .t�"�' i _3:.�' � "'�'.'.� ..�.. - :i M�r Dbh4 a mA .Y"�A 8Y, q 1t+nP.- I CEF:....0 p: ..]r•r. - n x '�1 �...:R, i sunset Beach SpecificMan Boundary aR Hunfinoon Beach Boundwy i Draft Sunset Beach Specific Plan 1.3 Purpose and Intent This Sunset Beach Specific Plan establishes the development regulations and administrative procedures necessary to achieve orderly and compatible development of the area consistent with the City of Huntington Beach General Plan and Local Coastal Program. The Specific Plan establishes speck zoning and site development standards for Sunset Beach generally consistent with the County of Orange Sunset Beach Specific Plan, dated September 1990. Sunset Beach will be annexed to the City of Huntington Beach. After the annexation and the adoption of the City of Huntington Beach Sunset Beach Specific Plan are effective, the City of Huntington Beach Sunset Beach Specific Plan will supersede the County of Orange Sunset Beach Specific Plan as the effective zoning regulations for the approximately 134 acre Sunset Beach area.' The intent of the Sunset Beach Specific Plan is to provide clear and comprehensive descriptions of land use, circulation, infrastructure and site development standards. The Specific Plan is regulatory in nature and serves as zoning for the Sunset Beach area, see Exhibit 1.3, Zoning Map. The Specific Plan also serves as the implementation plan for the Huntington Beach Local Coastal Program. Development plans and other entitlement requests for the Specific Plan area must be consistent with this Specific Plan and the Huntington Beach General Plan and Local Coastal Program. 1.4 Authority and Scope The authority to prepare, adopt and implement Specific Plans is granted to the City of Huntington Beach by the California Government Code (Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457). The Specific Plan will be used by the City of Huntington Beach to implement the Huntington Beach General Plan and Local Coastal Program for the Sunset Beach area. The Specific Plan contains all applicable land use regulations and will thus constitute the zoning for the Sunset Beach area. The Development Standards contained in this Specific Plan will take precedence over all other provisions of the Huntington Beach Zoning and Subdivision Ordinance, unless otherwise noted. Local planning agencies or their legislative bodies may designate areas within their jurisdictions as ones for which a Specific Plan is"necessary or convenient" (Government Code Section 65451). A Specific Plan may either be adopted by ordinance or resolution (Government Code Section 65507). Adoption of the Sunset Beach Specific Plan shall be consistent with the provisions of the Huntington Beach Zoning and Subdivision Ordinance, Chapter 215. 1 The County of Orange Sunset Beach Specific Plan lists the acreage for the Specific Plan area as 115 total acres,30 acres of which are the main beach. With the benefit of geographic information systems, and based on current information from the County of Orange and a legal description,the total acreage is now estimated at almost 134,approximately 58 of which are the main beach. October 2010 Page 4 0 0 C � nfif�} ? `` }7 V�C� co CD �, N - 1�l1 i - �� 7 f a - Ej 41, { t > �_ !F' fy fCD a�z( c t l.+_i 1 Yi Sunset Beach Specific Plan-Coastal Zone Overlay SP17-cz LEGEND Parcels °..-^' + Huntington Beach Boundary Specific Plan Boundary 1� J m cfl Cn Exhibit 1 .3 Zoning Map Draft Sunset Beach Specific Plan 1.5 Previous County of®range Approvals for Sunset Beach On March 9, 1982, the Orange County Board of Supervisors adopted Resolution No. 82-349, authorizing preparation of a Specific Plan for Sunset Beach. The Land Use Plan, including Development Guidelines, was approved by the Board of Supervisors on May 6, 1981, as an amendment to the Orange County General Plan. The purpose of the County Sunset Beach Specific Plan (SBSP/LCP)was to tie together the Land Use Plan and Implementing Actions Program of the County's Local Coastal Program. In January, 1986, the Board of Supervisors directed the Environmental Management Agency (EMA)to prepare an amendment to the SBSP/LCP. Amendment 90-1 to the SBSP/LCP was approved by the Board of the Supervisors by Resolution No. 90-1244 and Ordinance No. 3798 on September 26, 1990. The Sunset Beach area remained an unincorporated"island"while the cities of Seal Beach and Huntington Beach incorporated and annexed adjoining areas. In 2009, the Orange County Local Agency Formation Commission (LAFCO) placed the unincorporated Sunset Beach area in the City of Huntington Beach's Sphere of Influence, facilitating the annexation of Sunset Beach to the City of Huntington Beach. This proposed City of Huntington Beach Sunset Beach Specific Plan is intended to comply with State law requiring the City to adopt zoning regulations for property("pre-zone") before annexation is approved by LAFCO. 1.6 Previous California Coastal Commission Approvals for Sunset Beach The California Coastal Commission originally certified the SBSP/LCP on October 27, 1983. Subsequently, the Commission certified the amended SBSP/LCP on July, 17, 1991. The Commission retains original permit jurisdiction over development seaward of the mean high tide line. Therefore, it has permitting authority for improvements in/above the ocean and waterway and has issued such coastal development permits in Sunset Beach. This City of Huntington Beach Sunset Beach Specific Plan must be approved by the California Coastal Commission in order to become effective. 1.7 Consistency with California Environmental Quality Act (CEQA) Pursuant to the California Environmental Quality Act(CEQA), an Initial Study has been prepared as part of the Specific Plan approval process. The Initial Study will serve as the basis on which the environmental effects of implementation of the Specific Plan can be ascertained. The Initial Study indicated that a Negative Declaration is the appropriate CEQA compliance tool, and has been prepared as part of this Specific Plan process. All subsequent approvals necessary to develop any property within the Specific Plan area must be consistent with the Specific Plan and within the scope of the Negative Declaration. Additional environmental documentation may be required in the future if new significant October 2010 Page 6 Draft Sunset Beach Specific Plan development is proposed or if significant changes are found to have occurred pursuant to Section 15162 and 15182 of the CEQA Guidelines. October 2010 Page 7 Draft Sunset Beach Specific Plan 2. Land Use Plan The goal of the Land Use Plan is to maintain and enhance the special character of Sunset Beach. The Land Use Plan establishes and designates areas of residential and commercial development that will not impair coastal resources or public access to the coast consistent with the previous County Specific Plan. It identifies the beach, waterway and public parking facilities and policies to preserve them. Preservation of the unique character of Sunset Beach is the fundamental goal from which the Land Use Policies are derived. 2.1 Existing Conditions Sunset Beach is characterized by the unique and valuable commodity of its sandy beach and ocean shoreline. It is also surrounded on its inland side by a system of waterway canals in the Huntington Harbour development. The majority of the Sunset Beach area is designated for public or community use, the largest component of which is the beach. The beach is bounded on the south by Warner Avenue and on the north by Anderson Street, a distance of 6,300 feet. Access to the shoreline is at 27 street-end locations through the residential areas, 35 feet in width, located every 200 feet along the beach frontage. The only recreation facilities on the beach are volleyball nets. Approximately 1,500 feet of the beach is open for surfing. Lifeguard service is provided on a seasonal basis. Outdoor games, swimming, surfing and fishing constitute the major activities at this beach. The area also benefits from a 13 acre linear park/public parking facility, constructed by the County of Orange in the old Pacific-Electric right-of-way, with picnic areas, a tot lot, five restroom buildings, pathways, and 624 parking spaces. This area is also referred to as the "greenbelt." Other notable public uses include the Sunset Channel, 11"' Street beach, a post office and a volunteer fire station. The Sunset Beach Community Association also owns and operates a community center, which functions as a quasi-public use. There are no public boat launch sites in Sunset Channel with the exception that nontrailerable boats that can be hand-carried may be launched at the 11th Street Beach. There are no publicly maintained boating facilities within the Sunset Beach area. However, private docks are available in Sunset Channel adjacent to commercial and residential properties subject to the permit process. Private land uses in Sunset Beach are residential and commercial. The residential uses consist of 700 single and multiple family type dwelling units, on typically 2,700 square foot lots, which are well mixed throughout both residential and commercial areas. Densities range from approximately 22 to 45 units per acre. There are approximately 70 commercial establishments. Existing commercial uses range from neighborhood convenience facilities such as markets, to more area-wide facilities such as motels, restaurants, and specialty shops that generally front on Pacific Coast Highway. Because of the compact size and special nature of the Sunset Beach community and the limited area for commercial uses, the convenience facilities and goods provided serve the visitors and tourists as well as local residents. The Sunset Beach area consists of 497 parcels, the beach, and right-of-way. All but four of these parcels are fully developed or used in substantial part by an adjacent parcel for yard area, October 2010 Page 8 Draft Sunset Beach Speck Plan parking or accessory structures. Of the four parcels, three are vacant and one parcel is occupied by a billboard. The existing residential and commercial areas are 99 percent developed. Sunset Beach exhibits generally low relief with elevations ranging from sea level to five feet above sea level. Erosion of the shoreline in the area has been relatively continuous since the construction of the east jetty of Anaheim Bay in 1944. In 1945,the Navy constructed 600 feet of stone revetment downcoast from the Anaheim Bay east jetty to retard the erosion but had to reinforce it the following year. In 1947, the revetment was further extended and a wood sheet- pile bulkhead established to strengthen the shore road. In the 1940s, 1,422,000 cubic yards of material were placed on the beach. Additional material has been placed along the Surfside- Sunset Beach shoreline on a regular basis over the years and is expected to be needed on an on-going basis. Much of the area northwest of Pacific Coastal Highway was once a marsh and slough and was dredged and redeveloped to establish part of Sunset Island and Huntington Harbour in the 1960s. The development of these communities destroyed the marsh-slough habitat. The developed area of Sunset Beach does not provide a suitable habitat for wildlife or native vegetation because of its highly urbanized character, although certain avifauna may forage on the beach. Along the sandy beaches of the Specific Plan area, plankton, organic detritus, and debris form a primary food source for many of the macroscopic(i.e., large enough to be observed by the naked eye) species of marine animals, such as beach hoppers, sand crabs, and various species of clams. Also, microfauna could possibly be a food source for invertebrate macroscopic filter feeders. Filter and deposit feeders provide a food source for many fish species such as barred surfperch and California corbina, and also for numerous shore birds such as willets, whimbrels, dowitchers, plovers, and gulls. In turn, many of the vertebrates, especially the fishes, provide a food source for larger carnivorous vertebrates such as other fishes and mammals. Many invertebrate species are subject to cycles of abundance and rarity on any segment of sandy beach shoreline. The fish species present are frequently taken by in-shore anglers but are not exclusively confined to the shallow water of the open coast sandy beaches; they can also be found in deeper waters, or in bays and harbors, depending on such factors as migratory habits, spawning habits, weather conditions, wave conditions, and currents. Pismo clams are known to exist all along the intertidal and subtidal zones of the sandy beach shorelines from Anaheim Bay Harbor to the entrance to Newport Harbor. This bivalve is an important resource sought by recreational Clammers. The open coast sandy beach in the Specific Plan area and vicinity are spawning habitat for the grunion. Other fish species such as the barred surfperch and California corbina are found in the surf zone feeding primarily upon sand crabs. Common sandy beach organisms such as sand crab, pismo clam, bean clam, and polychaetes are known to exist intertidally and subtidally along the Surfside-Sunset Beach shoreline in spite of previous beach deposition (sand replenishment) operations. October 2010 Page 9 ( 1 h + TIM , Draft Sunset Beach Specific Plan City of Huntington Beach Planning and Building Department 2000 Main Street Huntingh, CaliforniaCalifornCaliforn October 2010 Sunset Beach Specific Plan Prepared by: City of Huntington Beach Planning and Building Department 2000 Main Street Huntington Beach, CA 92648 Adopted by City Council: October 18,201.0 Certified by the California Coastal Commission: Table of Contents Page No. 1. Introduction ..........................................................................................................................1 1.1 Location...................................................................................................................I...........1 . 1.2 Specific Plan Area Background ...........................................................................................1 1.3 Purpose and Intent..............................................................................................................4 . 1.4 Authority and Scope ........................................................................... ..............................4 1.5 Previous County of Orange Approvals for Sunset Beach.....................................................6 1.6 Previous California Coastal Commission Approvals for Sunset Beach ................................6 1.7 Consistency with California Environmental Quality Act (CEQA............................................6 2. Land Use Plan......................................................................................... .............................8 2.1 Existing Conditions..............................................................................................................8 . 2.2 Land Use...........................................................................................................................10 2.3 Circulation .........................................................................................................................18 2.4 Flooding and Shoreline Structures...................................................................:.................22 2.5 Infrastructure and Utilities..................................................................................................22 Infrastructure .....................................................................................................................22 Utilities...............................................................................................................................24 3. Development Standards........................................................................................................26 3.1 Purpose ...........................................................................................................................26 3.2 General Provisions ............................................................................................................26 3.3 Regulations .......................................................................................................................28 3.3.1 Sunset Beach Residential....................................................................................30 3.3.2 Sunset Beach Tourists.........................................................................................35 3.3.3 Public Facilities....................................................................................................38 3.3.4 Parking Requirements .........................................................................................43 3.3.5 Fences and Walls................................................................................................46 3.3.6 Sign Regulations .................................................................................................47 3.3.7 Accessory Uses and Structures...........................................................................50 3.3.8 Flood Plain District...............................................................................................51 4. Administration .......................................................................................................................52 4.1 Enforcement of the Specific Plan .....................................................................................52 4.2 Methods and Procedures...................................................................................................52 4.3 Specific Plan Amendments............................................................... .............................54 4.4 Severability.......................................................................................................................:54 October 2010 Page i List of Exhibits Page No. Exhibit1.1 Vicinity Map..................................................................................................................2 Exhibit 1.2 Aerial Photograph ........................................................................................................3 Exhibit1.3 Zoning Map .................................................................................................................5 Exhibit 2.1 Land Use Plan............................................................................................................12 Exhibit 2.2 Scenic Vista Viewpoints .............................................................................................15 Exhibit 2.3 Existing Beach Access...............................................................................................16 Exhibit2.4 Typical Section...........................................................................................................21 Exhibit 3.1 Specific Plan District...................................................................................................29 Exhibit 3.2 Permitted Encroachment Areas within Sunset BeachChannel....................................41 Exhibit 3.3 Criteria for Sunset Beach Channel Encroachment......................................................42 Appendices..................................................................................................................................55 A. Legal Description October 2010 Page ii Draft Sunset Beach Specific Plan 1 ® Introduction 1.1 Location Sunset Beach is an approximately 134 acre primarily residential community that stretches 1.2 miles from Seal Beach at the northwest extremity to Bolsa Chica State Beach, with which it is contiguous at the southeast, as shown in Exhibit 1.1, Vicinity Map. It is bordered on the southwest by the Pacific Ocean and on the northeast by the Huntington Harbour and Peter's Landing developments and is in proximity to the Bolsa Chica Wetlands and Sunset Aquatic Park. The entirety of Sunset Beach is located in the Coastal Zone. From the ocean inland Sunset Beach is formed by six successive strips running the length of the community: the beach, the ocean front residences along South Pacific Avenue,.the linear park/public parking facility between South and North Pacific Avenues, the residences along North Pacific and side streets, the mixed residential-commercial buildings on both sides of Pacific Coast Highway, and the residences on Sunset Island and adjacent to Park Avenue (Exhibit 1.2, Aerial Photograph). 1.2 Specific Plan Area Background Sunset Beach was established as an unincorporated town on September 8, 1904, governed by the County of Orange. Its formal establishment followed construction of the Pacific Electric Railway (PER). The Newport-Balboa line was the first PER line into Orange County and ran down the coast from Long Beach. The line was extended into Huntington Beach via Seal Beach in Summer 1904. Sunset Beach was laid out along the tracks in 1905. .An 80 foot wide boulevard was graded running north to south next to the "Red Car" line, the common reference to PER, and became known as Ocean Boulevard. This thoroughfare was renamed Pacific Coast Highway in 1926; Development of Sunset Beach was similar to that of small coastal communities of the time and was punctuated by various events that helped to shape it to its current form, not the least of which was the rail line and the highway. The other notable change for the area was the development of Huntington Harbour in the 1960s, which transformed marsh and slough into residential islands, a marina and commercial area. Sunset Beach is unique among coastal communities in that 55 percent of its total area, excluding streets, is publicly owned and utilized. Of its almost 134 acres, approximately 74 acres are devoted to public uses, which include the main beach, a combination linear park and public parking facility, Sunset Channel and 11th Street beach. Approximately 31 acres are developed with residential and commercial uses, and 28 acres are right-of-way (streets). . There are 700 residential units in the community developed at a range of densities, with commercial and mixed use developments mostly along Pacific Coast Highway. The community has approximately 1,300 residents. While Sunset Beach is almost built out, remodeling and. rebuilding of residential lots occurs on an on-going basis. October 2010 Page 1 Draft Sunset Beach Specific Plan Sunset Beach Vicinity Map City of Huntington Beach Westminster Seal Beach R; ON' E County of Orange gos (Boise Chke) Fountain Valley A rjjI 9� I full iT Sunset Beach Boundary — Huntington Beach Boundary 2 — Huntington Beach Centerlines ter,- Costa Mesa wom.em.v®e ceecmw Exhibit 1 . 1 Vicinity Map October 2010 Page 2 t- _ i F -r Q _ \t {. i � C'• rN�e_ •F;a c 77. 'Q 4 fit i+ _ �. �v .• T^'. �y� +. hr • SYPIN ��;�(i'« � ♦ s2�., � 's,r',. N f ���•'� •`per ....j • I,`i: '11 i _"�.4^Gw 616I.�. � -yiu- lr �.id 'tbi.14 u 1A ,%Ukh%d.4 16. ifa •p , 1 Huntington Beach Boundary Sunset Beach Specific Plan Boundary Draft Sunset Beach Specific Plan 1.3 Purpose and Intent This Sunset Beach Specific Plan establishes the development regulations and administrative procedures necessary to achieve orderly and compatible development of the area consistent with the City of Huntington Beach General Plan and Local Coastal Program. The Specific Plan establishes specific zoning and site development standards for Sunset Beach generally consistent with the County of Orange Sunset Beach Specific Plan, dated September 1990. Sunset Beach will be annexed to the City of Huntington Beach. After the annexation and the adoption of the City of Huntington Beach Sunset Beach Specific Plan are effective, the City of Huntington Beach Sunset Beach Specific Plan will supersede the County of Orange Sunset Beach Specific Plan as the effective zoning regulations for the approximately 134 acre Sunset Beach area.' The intent of the Sunset Beach Specific Plan is to provide clear and comprehensive descriptions of land use, circulation, infrastructure and site development standards. The Specific Plan is regulatory in nature and serves as zoning for the Sunset Beach area, see Exhibit 1.3, Zoning Map. The Specific Plan also serves as the implementation plan for the Huntington Beach Local Coastal Program. Development plans and other entitlement requests for the Specific Plan area must be consistent with this Specific Plan and the Huntington Beach General Plan and Local Coastal Program. 1.4 Authority and Scope The authority to prepare, adopt and implement Specific Plans is granted to the City of Huntington Beach by the California Government Code (Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457). The Specific Plan will be used by the City of Huntington Beach to implement the Huntington Beach General Plan and Local Coastal Program for the Sunset Beach area. The Specific Plan contains all applicable land use regulations and will thus constitute the zoning for the Sunset Beach area. The Development Standards contained in this Specific Plan will take precedence over all other provisions of the Huntington Beach Zoning and Subdivision Ordinance, unless otherwise noted. Local planning agencies or their legislative bodies may designate areas within their jurisdictions as ones for which a Specific Plan is "necessary or convenient" (Government Code Section 65451). A Specific Plan may either be adopted by ordinance or resolution (Government Code Section 65507). Adoption of the Sunset Beach Specific Plan shall be consistent with the provisions of the Huntington Beach Zoning and Subdivision Ordinance, Chapter 215. 1 The County of Orange Sunset Beach Specific Plan lists the acreage for the Specific Plan area as 115 total acres,30 acres of which are the main beach. With the benefit of geographic information systems, and based on current information from the County of Orange and a legal description,the total acreage is now estimated at almost 134,approximately 58 of which are the main beach. October 2010 Page 4 Draft Sunset Beach.Soecific Plan The Residential High Density designation has a General Plan/Local Coastal Program density category of greater than 30 units per net acre, denoted by "-30" to reflect the existing density condition of some parts of Sunset Beach. The Commercial Visitor designation has a Mixed Use. ("-mu") Overlay, which permits residential uses in conjunction with the underlying commercial designation. This is in recognition that the Specific Plan allows for residential units above the ground floor in the CV area.z In addition to the underlying land use designations, and the notations for RH and CV described above,.the entire area has a Specific Plan Overlay ('-sp") designation in recognition of the need and existence of a specific plan for the Sunset Beach area. The City of Huntington Beach General Plan and Local Coastal Program also use Subarea designations to identify areas that are unique in the city, serve certain functions or have area- specific goals or regulations. The Sunset Beach Specific Plan area will be designated as Subarea 4L on the City's Community District and Subarea Schedule in the General Plan and Local Coastal Program. Those Subarea Schedules refer the reader to this Specific Plan for development regulations. Z The County's existing Specific Plan allows residential uses above the ground floor in the Commercial Visitor(Sunset Beach Tourist District)area.A 2010 review of existing development in Sunset Beach indicates that there are approximately 80 residential units in the areas designated for principally commercial uses. October 2010 Page 11 0 0 o y o � I CD C N n S cti C) Z3 .777 to LEGEND _ Residential High Density Parcels I� Commercial Visitor-Mixed Use Overlay Right Of Way ® Public — Huntington Beach Boundary ® Open Space-Shoreline — Sunset Beach Boundary � Open Space-Water Recreation -sp Specific Plan Overlay sx% z This designation applies to all Land Uses for this area. ,, N Exhibit 2.1 Land Use Plan N Draft Sunset Beach Specific Plan Land Use Plan Guidelines The City's General Plan and Local Coastal Program contain numerous goals, objectives and policies that further and are consistent with the overall goals for the Sunset Beach area. However, due to the unique nature of Sunset Beach and the fact that it is already almost fully developed at the time.that this Specific Plan is being,created, previous Land Use Plan Guidelines contained in the original County of Orange Sunset Beach Specific Plan are being carried forward to the extent that they are still relevant. The Land Use Plan Guidelines below are designed to: implement the Land Use Plan, specifically; carry out the intent of the General Plan and Coastal Act consistent with the desires of the community; and be a supplement to the City's General Plan and Local Coastal Program, which also contain relevant policies. The Guidelines consist of the Land Use Map (see Exhibit 2.1) and the following text: Beach and Sand Area 2.2.1 Existing beach and sand areas shall be maintained in their present form: i. to preserve the unique public recreational character of Sunset Beach; recreation shall be defined as passive and active recreation that is in conformance with the development guidelines of the Sunset Beach Land Use Plan. ii. in cooperation with the State Department of Fish and Game, to protect and preserve the natural habitat of spawning grunion, pismo clam and other shellfish beds, porpoise feeding and sporting grounds, feeding grounds for the California brown pelican, grebes, cormorants, terns, gulls and.all other natural sea life and waterfowl. iii. to protect beachfront residences and maintain both public and private open ocean view and access. 2.2.2 The following shall be adhered to to maintain the existing beach and sand.areas: i. Dredging and sand replenishment shall be scheduled during fall and winter months to reduce conflict with sunning, swimming and other shoreline water activities. ii. The city shall cooperate with the United States Army Corps of Engineers and other applicable agencies regarding all sand replenishment activities. iii. Sand replenishment shall be deposited at the northwest end of the beach in the area contiguous to the U.S. Navy Ammunition & Net Depot harbor groin, the point of primary and maximum erosion. From that point sand shall be distributed southeastward down the beach by natural wave and current action. This will avoid the destruction of natural marine life habitat. At the same time it will preserve the recreational character of the beach and the fine grain and cleanliness characteristic of alluvial ocean sands. Sand shall not be pumped directly on the beach within Sunset beach except in response to immediate danger to residences. October 2010 Page 13 Draft Sunset Beach Specific Plan iv. No government or private agency shall construct or cause to be constructed any structure including but not limited to jetties, groins, berms, etc., that may alter natural shoreline processes such as wave action, channel depths or general beach configuration except when such protective structures are required for existing structures or public beaches in danger of erosion. V. Permanent above-ground structures on the beach and sand areas shall be prohibited. vi. To fulfill visitor serving needs, to minimize personal injuries and to reduce liability, sanitation shall be maintained by properly and routinely cleaning and maintaining the beach and sand area from ocean edge to the artificial dune. The protective growth barrier shall be maintained by property owners. 2.2.3 To protect residences and the Sunset Beach sanitary system from flood waters and excess wind-driven sand, to preserve that sand in the beach area thereby reducing replenishment costs, and to enhance the appearance of the benefit of visitors, preservation and maintenance of the artificial dune by residences shall be retained and encouraged, in keeping with Orange County Board of Supervisors Resolution No. 80- 188. 2.2.4 Scenic vistas shall be maintained, see Exhibit 2.2., Scenic Vista Viewpoints. 2.2.5 Public access to the beach shall be maintained. i. The 27 existing public access points to the beach shall be retained in perpetuity, see Exhibit 2.3, Existing Beach Access. ii. Signs denoting the Public Beach shall be maintained at the signalized intersections of Anderson Street, Broadway Avenue and Warner Avenue along Pacific Coast Highway. Signs shall not exceed four square feet. October 2010 Page 14 O O o v v Ico f ti L Cn m m m a - o Pacific Coast Hwy. Zi m <D LLLLm - r U - i e _ Pacific Coast HWY E — �L I LEGEND 4N_ d Boundary of Scenic Corridor S 0 100 200 400 Scenic Vista Feet m Exhibit 2.2 Scenic Vista Viewpoints O 0 T"�� ���� '�' a n 1 fin. Pacific Coast UHwy. IIIF F V s v Rc © © © © © © _ 1 J O ' Pacific Coast Hwy.. * 1 LEGEND 1 Access Points " * Traffic Signal -0 Traffic 100 200 400 m © Public Parking Feet rn Exhibit 2.3 Existing Beach Access Draft Sunset Beach Specific Plan Inland Waterways 2.2.6 Inland Waterways shall be publicly accessible and maintained in a manner that is sensitive to the natural environment i. For greater use by the general public, all channels and public waterways in existence as of February 2, 1965, on which date, by Resolution 65-112, the Orange County Board of Supervisors established the channel widths, shall be maintained as public waterways. Location of bulkhead lines and encroachment areas shall be established and no structures shall extend beyond the bulkhead line except for ramps (gangways) and docks. ii. Every effort shall be made to protect and preserve existing natural sea life and waterfowl, and to maintain "clean" water. iii. To meet visitor-serving needs, the 11th Street public beach shall be retained in its present general configuration, or if reconfigured, shall provide equivalent recreational opportunities and shall be properly maintained. Visitor Serving Commercial 2.2.7 Existing commercial facilities should be retained. 2.2.8 Should any existing residence presently on property designated for commercial use be destroyed, such may be rebuilt as a residence providing it conforms to the provisions of the residential guidelines. 2.2.9 Where commercial uses abut residential property, no balconies, decks or open areas intended for public use shall be allowed to infringe on adjacent residential property. Residential 2.2.10 All legally created residential building sites shall be permitted only two dwelling units per site, unless approved otherwise prior to adoption of this Specific Plan. 2.2.11 Affordable housing shall be provided consistent with the City of Huntington Beach Zoning and Subdivision. Low/moderate cost rental units should be replaced when redevelopment occurs. 2.2.12 Conversion of multi-unit buildings into condominiums shall be allowed only if the building meets the Specific Plan standards. 2.2.13 Public service facilities shall be a permitted use in a residential use area. October 2010 Page 17 Draft Sunset Beach Specific Plan 2.3 Circulation Regional Transportation A network of freeways and arterial highways provide regional access for Sunset Beach. The major arterial regional facilities serving the community are Pacific Coast Highway and the San Diego Freeway. Arterial highways link these two facilities to each other and to Sunset Beach. Several arterial highways connect Pacific Coast Highway with inland areas and the San Diego Freeway. Seal Beach Boulevard and Warner Avenue are both designated as major arterial (six lane, divided) highways and provide connections with Pacific Coast Highway at points north and south, respectively, of Sunset Beach. The arterial highway network serves both the motorist and the public transit rider. Countywide and regional access via transit is designed primarily by the Orange County Transportation Authority (OCTA), which operates an extensive system of fixed routes and dial-a-ride service throughout Orange County. OCTA's service to the Sunset Beach area is quite extensive. OCTA route#1 utilizes Pacific Coast Highway between Long Beach/Seal Beach and San Clemente, providing north-south service to Sunset Beach. Three other OCTA routes terminate at Pacific Coast Highway and Warner Avenue at the southern end of Sunset Beach; they provide direct service to the beach from inland Orange County areas. The Pacific Coast Bikeway follows Pacific Coast Highway and serves as a major north-south route within Orange County and the only bikeway adjacent and parallel to the coastline. Bikeways connecting to Pacific Coast Highway generally follow arterial highways. Seal Beach Boulevard and Warner Avenue both include bikeways. All of the above bikeways are included in the Master Plan of County-wide Bikeways. Sunset Beach Transportation Most of the traffic utilizing Pacific Coast Highway in the vicinity of Sunset Beach is either passing through the area or destined to development adjacent to the community. The approximately 700 dwelling units and various commercial enterprises within Sunset Beach generate a relatively small portion of the trips using the Highway. For most of its length in the vicinity of Sunset Beach, Pacific Coast Highway is a four lane facility with painted median. Some additional development and redevelopment within Sunset Beach may occur, but the impact of this upon the arterial highway system should be minimal. However, increased development in the areas surrounding Sunset Beach and growing demand for access to coastal resources could further impact Pacific Coast Highway and the arterials leading to it. Because of the constraints inherent in acquiring additional right-of-way for Pacific Coast Highway both within and outside of Sunset Beach, it may be impractical to provide additional travel lanes. Better utilization of the existing right-of-way is a more realistic possibility. As new development and redevelopment occurs, improvements can be made that provide for safe and convenient use of the Highway by pedestrians, bicyclists, and transit vehicles. Also, any new commercial development will have to provide off-street parking and be designed to minimize the number of direct access points to Pacific Coast Highway. An integrated traffic signal system October 2010 Page 18 Draft Sunset Beach Specific Plan within Sunset Beach can facilitate the flow of traffic. Expanded transit service along Pacific Coast Highway and through the area, to be provided as demand warrants and as financial resources become available, should encourage additional transit use and might somewhat reduce traffic along Pacific Coast Highway. Pacific Coast Highway is operated and maintained by the State Department of Transportation (CalTrans). Thus, any improvement to the Highway is subject to their approval. Local circulation within the Sunset Beach community is tied to parking opportunities and traffic control. Traffic patterns seaward of Pacific Coast Highway revolve around the parking facility located between North and South Pacific Avenues. Traffic movements on other streets are limited by narrow right-of-way and heavy on-street parking. Although there are adequate parking spaces available to meet public, commercial, and residential parking demand, the distribution of available parking negatively affects the supply- demand balance, which causes deficiencies to occur in certain areas. To alleviate the problem, existing parking opportunities need to be retained within the community and maximized wherever possible. Adequate off-street parking will be required in conjunction with all new development or redevelopment of properties. Specific policies and guidelines relating to parking are included in this Specific Plan. Increased transit service and bicycling opportunities should provide access to beach uses without requiring such additional parking. Local circulation and traffic safety will be enhanced by appropriate speed limits. It is expected that the existing 15 miles per hour speed limit on all Sunset Beach Streets, except Pacific Coast Highway, will be retained; however, speed limits must be periodically reviewed to be enforceable. Circulation and safety will also be enhanced by retention of the parking restrictions on North and South Pacific Avenues. Also, conversion of Bay View Drive to one-way operations will be evaluated as a means to improve circulation inland of Pacific Coast Highway. Based on the foregoing, the following circulation policies shall be adhered to: Transportation/Circulation 2.3.1 Speed limits shall be periodically reviewed and vigorously enforced on all local streets within Sunset Beach. 2.3.2 The City shall work with CalTrans to maintain and/or improve signal timing on Pacific Coast Highway. 2.3.3 The feasibility of converting local streets to one-way circulation shall be evaluated. 2.3.4 Required street and highway dedication and improvements normally required per the City Code are not applicable to the Sunset Beach Specific Plan area except for those properties abutting Pacific Coast Highway. However, street dedication for 4th through 26th Streets shall conform to the Typical Section for those streets, as shown in Exhibit 2.4, Typical Section. 2.3.5 Pacific Coast Highway is designated a "scenic highway." To ensure that those scenic characteristics are enhanced, public and private projects shall, wherever feasible, provide landscaping wherever there is adequate space. October 2010 Page 19 Draft Sunset Beach Specific Plan Parking 2.3.6 To the maximum extent feasible, to maximize visitor servicing needs and ensure public safety, the City shall encourage CalTrans to stripe Pacific Coast Highway to provide a safe width for parallel parking. 2.3.7 All existing on-street parking shall be retained within Sunset Beach and wherever possible establish programs to maximize their use, except when public safety is compromised. 2.3.8 There shall be no parking on North and South Pacific Avenues, except in front of driveways by permit only. 2.3.9 In order to facilitate visitor serving needs, diagonal parking shall be allowed on Anderson Street and Broadway Avenue. 2.3.10 All street ends, except for emergency access, opening onto the beach shall be fully developed for public parking prior to any other public parking development. 2.3.11 Street ends on the inland side of Pacific Coast Highway will be evaluated for opportunities to develop public parking. 2.3.12 Innovative programs to maintain the existing parking supply in residential areas and to provide flexibility for commercial uses shall be encouraged. 2.3.13 Signage and parking control to manage parking supply shall be implemented. October 2010 Page 20 0 0 a CD CO N j O_ y O C 35' ROW 'C,° 28' PAVED CD do 0 5' SIDEWALK do 10' do 10' 8' PARKING 2' 1 2 NONE Exhibit 2.4 Typical Section N Draft Sunset Beach Specific Plan 2.4 Flooding and Shoreline Structures The Federal Emergency Management Agency (FEMA) currently designates all of the developed area of Sunset Beach and a majority of the beach as Flood Zone X, which are areas of 500 year flood and areas of 100 year flood with average depths of less than one foot of flooding and areas protected by levees from 100 year flood. A small portion of the beach at the ocean edge is designated Flood Zone VE, areas of Coastal flood with velocity hazard. Despite the Flood Zone X designation, flood damage in Sunset Beach can occur at times of abnormally high tides when waves overtop the berm and water flows towards the houses. Flood damage resulting from this process, called over-wash, can be reduced by raising the living area of the homes above the level of flowing water. Therefore, special design consideration must be given to development along the shoreline because ocean-water can create a flooding problem. The County of Orange completed a Coastal Flood Plain Development Study, in 1985, to analyze safety measures for structures along the coast. Design guidelines for residential development along the coast are established in Chapter Four of the Coastal Flood Plain Development Study as amended. These guidelines are based on the assumption that the beach will be artificially maintained with a width of at least 150 feet from the ocean-facing private property line. Flowing water is the only design consideration. Should the beach retreat to less width, the possibility of storm erosion and breaking wave activity at the structures may occur and flood protection as regulated by these design guidelines will not provide protection from wave impact forces. Revised design guidelines must then be modified to reflect the circumstances. The County designated the homes seaward of South Pacific Avenue as being in a—FP3 district, subject to flood hazard. The Coastal Flood Plain Development Study requires that any new structure in this area be raised to a specific height above a point on South Pacific Avenue. In addition to providing protection against flood damage, the requirement to build on piling along South Pacific Avenue provides a safety margin should conditions at Sunset Beach return to the way they were in the 1930s when homes were vulnerable to attack by waves. Homes on shallow footings can be rapidly damaged or destroyed if their sand support is lost to erosion. Existing lawful nonconforming residential uses may be severely impacted by the Coastal Flood Plain Development Study and will require special consideration. The publicly owned Sunset Channel has been privately bulkheaded and the streets and alleys, where they abut the channel, were bulkheaded by the County. As set forth in Section 3, new development shall be required to comply with flood plain regulations and the County's study. 2.5 Infrastructure and Utilities Infrastructure Public facilities analyses of infrastructure requirements and detailed design, construction and phasing will be completed as required by the City of Huntington Beach Department of Public Works. Future development within the Specific Plan area will be responsible for the October 2010 Page 22 Draft Sunset Beach Specific Plan construction of public facilities improvements concurrent with individual project development, subject to review and approval of the Director of Public Works. Water System The City of Huntington Beach has provided domestic water to the Sunset Beach area since fiscal year 1964/65, when it purchased the Sunset Beach Water District. Upon annexation, domestic water for the Sunset Beach area will continue to be provided by.the Public Works Water Division of the City of Huntington Beach. The Water Division provides water to all of the customers within the City of Huntington Beach. The Water Division has use of both underground and imported water sources to service the area. The underground supply comes from nine existing wells, and imported water delivered to the City of Huntington Beach by the Metropolitan Water District (MWD) at three locations. The Specific Plan area is part of the City's Master Plan for Water Service. All water improvements shall be designed to the City of Huntington Beach water standards for future City acceptance and approval. Locations of fire hydrants and apparatuses will be reviewed for each project by the Fire Department and Water Division of the City of Huntington Beach to ensure adequate fire flow and pressure. Sewer System The Sunset Beach Sanitary District, formed in 1930, is responsible for the review and approval of the collection of wastewater within the project area, and the Orange County Sanitation District (OCSD) is responsible for the treatment of wastewater. Upon annexation, wastewater service will continue to be provided by the Sunset Beach Sanitary District. Storm Drainage The City of Huntington Beach and the Orange County Public Works/Flood Control Section are the agencies responsible for the flood control system in the vicinity of Sunset Beach. New drainage facilities constructed within the Specific Plan area will be maintained either by the City or privately maintained by a homeowner's association. Any drainage facilities designed or sized to accommodate upstream drainage will be designated as public facilities and maintained by the City. Only drainage that is required by City of Huntington Beach Codes and the ordinances of the Sunset Beach Sanitary District shall be drained into the Sunset Beach Sanitary System lines. All other drainage, such as rain water, irrigation water and other on-site drainage shall drain to the public street or public storm drainage system. All development shall meet the provisions of this requirement. Where new storm drains are necessary to accommodate development, they shall be sited and designed to discharge in the least environmentally sensitive location. Storm Drains and/or Catch Basins shall be marked "No dumping- drains to Ocean" or with other appropriate local insignia. October 2010 Page 23 Draft Sunset Beach Specific Plan Water Quality The City of Huntington Beach is a coastal community noted for its beaches, which attract numerous people to the area. The beaches support the City's economy and the well being of the City's economy is dependent on maintaining quality of coastal waters. The flow of untreated stormwater and urban runoff can have an adverse impact on the quality of coastal waters since storm drains eventually discharge into the ocean. The City's Coastal Element notes that the City can upgrade water quality by controlling pollutants that enter coastal waters through urban runoff. The City's Coastal Element contains the water and marine resource policies requiring that measures be implemented to mitigate the adverse impacts of human activities on the marine environment. To protect coastal waters, the following water quality measures shall be implemented in conjunction with any new development or significant redevelopment: ■ All new development and significant redevelopment, shall comply with the State of California, California Regional Water Quality Control Board Santa Ana Region, Order No. R8-2009-0030 (NPDES No. CAS 618030) or subsequent permits. Projects shall comply with the Orange County Drainage Area Management Plan (DAMP), all applicable local ordinances and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 2009-0009-DWQ), and any subsequent amendments, revisions, or re-issuances thereof. ® Prior to issuance of a Coastal Development Permit (CDP), a Preliminary Water Quality Management Plan (WQMP), shall be submitted for review by the Public Works Department, and shall be based on consistency with the provisions herein. New development and significant redevelopment projects shall incorporate Low Impact Development (LID) principles, design elements, and/or Best Management Practices (BMPs) that will effectively prevent runoff contamination, and minimize runoff volume leaving the site in the developed condition, to the greatest extent feasible. ■ Prior to issuance of a Grading or Building Permit, a final WQMP shall be submitted for review and acceptance by the Public Works Department. ® All projects that include dewatering shall obtain coverage under the State of California, California Regional Water Quality Control Board Santa Ana Region de minimis permit, currently Order No. R8-2009-0003 (NPDES No. CAG998001) and subsequent iterations of this permit. Utilities There are several public utility service providers in the Sunset Beach Specific Plan area as described below. Adequate facilities exist for the service needs of the area. Electricity Electrical service to the area is provided by the Southern California Edison Company. Existing transmission and distribution lines are adequate to service current and potential future needs. October 2010 Page 24 Draft Sunset Beach Specific Plan Natural Gas Natural gas service in the Specific Plan area is provided by the Southern California Gas Company. Adequate facilities exist for current and potential future needs. Telephone Telephone service in the Specific Plan area is provided by Verizon. Cable Television Cable television service within Sunset Beach is provided by Time Warner Cable. Solid Waste Disposal Rainbow Disposal Company currently provides solid waste disposal services for the area. An adequate level of service can be maintained based on anticipated demand for the Company's service area. October 2010 Page 25 Draft Sunset Beach Specific Plan 3. Development Standards 3.1 Purpose The Sunset Beach Development Standards will be applied to individual development in the Sunset Beach area and are adopted for the purpose of promoting the health, safety and general welfare of the Sunset Beach community and the City of Huntington Beach. More specifically, these regulations are intended to provide the standards, criteria and procedures necessary to achieve the objectives below. ® Provide maximum opportunities for community design and site planning, consistent with orderly development and protection of sensitive and natural resources, with a logical and timely sequence of community and government review and input. ® Improve the visual image and general aesthetics of Sunset Beach. ■ Implement the applicable policies of the California Coastal Act and preserve, protect and enhance the Coastal Zone resources of particular value to the Sunset Beach community, City of Huntington Beach, and the State of California. ® Implement the intent and purpose of the Sunset Beach Specific Plan. 3.2 General Provisions The provisions herein shall govern the design and development of the Sunset Beach Specific Plan area. Standards and/or criteria for development and activities not specifically addressed in this Specific Plan will require referral to the current provisions of the Huntington Beach Zoning and Subdivision Ordinance and Municipal Code. Whenever an activity has not been specifically listed as being permitted in a particular District of the Specific Plan, it shall be the duty of the Planning and Building Director to determine if it is consistent with the intent of this Specific Plan and compatible with other permitted uses. All development activity within the Sunset Beach Specific Plan area will be subject to the following general conditions and requirements, as noted, as well as the Land Use Plan Guidelines in Section 2.2. 3.2.1 Any conditions, requirements, or standards, indicated graphically or in writing, that are a part of an approved subdivision map, Coastal Development Permit or variance, approved in compliance with these regulations shall have the same force and effect as these regulations. Any use or development established as a result of such approved permit but not in compliance with all approved conditions shall be in violation of the Sunset Beach Development Standards and City of Huntington Beach Zoning and Subdivision Ordinance. 3.2.2 All construction and development within the Sunset Beach Specific Plan area shall comply with applicable provisions of federal and state regulations. 3.2.3 All construction and development within the Sunset Beach Specific Plan area shall comply with applicable provisions of the Uniform Building Code and other various October 2010 Page 26 Draft Sunset Beach Specific Plan Mechanical, Electrical, Plumbing and Housing Codes related thereto as well as the Municipal Code of the City of Huntington Beach. 3.2.4 All construction and development shall comply with the regulations contained in Chapter 17.56 of the Huntington Beach Municipal Code (Fire Code) and City Specifications, except Section 3.3.4 2e and f of this Specific Plan shall prevail unless wider drive aisles, per City Specifications, can reasonably be accommodated . 3.2.5 In these land use development standards, for all regulatory areas, when more than one description may apply to a given use, the more specific description shall determine if a use is allowed, or prohibited. 3.2.6 Terms not specifically defined in the Specific Plan shall have the same definition as used in the City of Huntington Beach Zoning and Subdivision Ordinance. When consistent with the context, words used in the present tense include the future tense; words used in a singular number include the plural number. The word "shall' is always mandatory and the word "may" is permissive. 3.2.7 Pacific Coast Highway, as it passes through the Sunset Beach Specific Plan is designated a Scenic Highway. 3.2.8 All legal residential building sites in existence on the date of initial adoption by the Board of Supervisors, of the Sunset Beach LCP on March 30, 1983, shall be permitted two dwelling units per site, unless approved otherwise. New building sites created by a tract map, parcel map, lot consolidation, or any other legal method are also limited to two dwelling units per building site. 3.2.9 Development projects shall be required to install adequate utility services necessary to serve the development. Utility systems shall be designed to conserve the use of electrical energy and natural resources 3.2.10 Due to the high groundwater conditions, only drainage that is required by City of Huntington Beach Codes and Ordinances, and the ordinances of the Sunset Beach Sanitary District, shall be drained into the Sunset Beach Sanitary System lines. All other drainage, such as rain water, irrigation water and other on-site drainage shall drain to the public street or public storm drainage system. All development shall meet the provisions of this requirement. 3.2.11 Temporary special community events, such as parades, pageants, community fairs, athletic contests, carnivals, and other similar uses, may be permitted in any area in the Sunset Beach Specific Plan area by approval of the Director of Planning and Building, subject to applicable permits. 3.2.12 Emergency vehicle access to the beach shall be at the ocean end of the signalized streets of Anderson, 19th Street, Broadway, 5th Street and Warner Avenue only. The center of such street ends shall be kept open and free at all times. All other side street ends opening on the beach may be developed for additional public parking. Such October 2010 Page 27 Draft Sunset Beach Specific Plan additional public parking development shall not extend beyond the rear (oceanward) property line of the adjacent ocean front private property. 3.2.13 Park lands and park fees required for new development shall be in compliance with all applicable regulations of the City of Huntington Beach Zoning and Subdivision Ordinance. 3.2.14 Any building site abutting Pacific Coast Highway shall be required to provide a corner cut-off of 17 feet prior to the issuance of any building permits unless otherwise provided for by an approved Coastal Development Permit. 3.2.15 Required street and highway dedication and improvements per the City of Huntington Beach Zoning and Subdivision Ordinance shall not be applicable to the Sunset Beach Specific Plan area except for those properties abutting Pacific Coast Highway. 3.2.16 Building height is the vertical distance above the bottom elevation to the top of the structure (maximum height). This is established by enclosing the structure with an imaginary line five feet outside of the perimeter of the structure, or at the property line if it is less than five feet from the structure, and determining the average elevation from the imaginary line. 3.3 Regulations The Sunset Beach Specific Plan contains five districts, as depicted in Exhibit 3.1, Specific Plan Districts. The boundaries of these districts coincide with those of the Land Use Plan. The names for the Specific Plan districts are the same as used in the previous County SBSP/LCP. The regulations for each district follow. October 2010 Page 28 O O o c�7� Co N � O O \ � 00 /) � N n S to cD a � O LEGEND - Sunset Beach Residential-22.32 Acres Parcels - Sunset Beach Tourist-9.16 Acres Right Of Way -mil- Sunset Beach Parking Facility-13.00 Acres Huntington Beach Boundary Sunset Beach Beach Area-57.74 Acres Sunset Beach Boundary Sunset Beach Waterways-3.40 Acres Y d fl Exhibit 3.1 Specific Plan Districts Draft Sunset Beach Specific Plan 3.3.1 Sunset Beach Residential A. Purpose The Sunset Beach Residential (SBR) District is intended to permit the establishment and maintenance of high density residential neighborhoods. It is intended that each residential structure be independent from adjoining property by setbacks. Only those uses which are complementary to and can exist in harmony with the residential uses are permitted. B. Principal Permitted Uses The following principal uses are permitted subject to the approval of a Coastal Development Permit by the Zoning Administrator. 1. Duplex dwellings 2. Single-family dwellings and single family mobile homes. 3. Residential Condominium, stock cooperative, and community apartment projects. 4. Residential Condominium conversions, pursuant to Chapter 235 of the HBZSO. 5. Additions to lawful nonconforming residential uses. Additions must comply with all applicable development standards. C. Other Permitted Uses Other permitted uses subject to a Coastal Development Permit and a Conditional Use Permit by the Planning Commission. 1. Community recreation center. 2. Community service center. 3. Community facility. 4. Public Safety Facilities. 5. Parks and playgrounds (non-commercial). 6. Public service facilities. 7. Short-term vacation rentals (stays of less than 30 days) a. Amortization Period: Any existing short-term vacation rental (stays of less than 30 days) use shall be discontinued 12 months following the effective adoption date of this Specific Plan by the California Coastal Commission, unless an application is filed with the Department of Planning and Building pursuant to this section to establish the use prior to the discontinued date. October 2010 Page 30 Draft Sunset Beach Specific Plan D. Accessory Uses and Structures Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted principal use on the same building site. 1. Limited Day Care, Limited Residential Care, and Large Family Day Care, as defined by the HBZSO. Large Family Day Care shall require neighborhood notification pursuant to Section 241.24 of the HBZSO. 2. Fences and walls per Section 3.3.5 except as modified by special provisions set out in Section F.3.c "Building sites between Pacific Coast Highway and the Sunset Channel and those building sites fronting on Park Avenue" and Section F.3.d "Building sites between Bay View Drive and Sunset Channel". 3. Garages and/or carports per Sections 3.3.4 and 3.3.7. 4. Home occupations per the HBZSO. 5. Noncommercial keeping of pets and animals per the City of Huntington Beach Municipal Code. 6. Pools and spas, except due to the limited sewerage capacity, no such swimming pool or spa over 1000 gallons shall be connected to, or drained into, the public sewer system. 7. Signs per Section 3.3.6, except business signs which are prohibited. 8. Tennis courts. 9. Detached accessory buildings in compliance with Section 3.3.7. E. Prohibited Uses. 1. All uses not permitted above are prohibited. 2. The storage of vehicles, equipment or products related to a commercial activity. 3. Community and Human Service facilities. F. Site Development Standards The establishment, operation and maintenance of the uses permitted by these district regulations shall be in compliance with the following: 1. Building Height— Up to three stories and not more than 35 feet maximum as measured from the centerline of the frontage street for structures in the FP-3 District or the minimum bottom elevation (see 2 below)for structures outside the FP-3 District. Such height and story calculations shall include mezzanines, patio roof covers, rooftop decks and attics; however, a rooftop deck shall not count as a story. October 2010 Page 31 Draft Sunset Beach Specific Plan 2. Bottom elevation —for structures outside the FP-3 District, the finished floor elevation for new construction should be a minimum of two feet above the centerline of the frontage street or two feet above the highest perimeter curb elevation of the property, whichever is greater, unless the applicant can prove, using detailed hydrologic and hydraulic calculation, that the proposed finished floor elevation is protected from being flooded from a 100-year flood in a manner meeting the approval of the Director of Planning and Building. Those building sites abutting the Sunset Beach Waterways District, Bay View Drive, or Park Avenue shall have the additional requirement that the finished floor elevation also be set at a minimum two feet above the bulkhead elevation. 3. Setbacks Front setbacks shall be measured from the ultimate right-of-way line. a. Beach Front Building Sites Front setback (street) 5 feet on ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 6 inches all floors, except in front of and alleys garages where 3 feet is required. Side setbacks adjacent to other 3 feet all floors, except for decks building sites. providing access on ground floor where 2 feet is allowed. Rear setback (on the sand) None Required. b. Building sites between North Pacific Ave. and Pacific Coast Highway Front setback (street) 5 feet on ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 3 feet on ground floor except in front and alleys of garages where 5 feet is required; 6 inches above ground floor. Side setbacks adjacent other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback 5 feet on ground floor, 6 inches above ground floor. October 2010 Page 32 Draft Sunset Beach Specific Plan c. Building Sites between Pacific Coast Highway and the Sunset channel and those building sites fronting on Park Ave., PCH and abutting the Channel. Front setback (street) 5 feet ground floor, 6 inches above ground floor. Side setbacks adjacent to street 6 inches all floors except in front of and alleys garages where 3 feet is required. Side setbacks adjacent to other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback (channel) 10 feet from bulkhead or rear property line, whichever is more restrictive on the ground floor, 5 feet above ground floor. See Section 3.3.3.0 (Sunset Beach Waterways)for dock, gangway, and landing criteria. No structure higher than 12 inches from top of the bulkhead shall be permitted in the required rear setback except for a five foot security fence of open weave design to a maximum of 35 percent opaque. This height shall be measured from the top of the concrete bond beam of the existing bulkhead. d. Building Sites between Bay View Drive and Sunset Channel Front setback (street) 5 feet ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 6 inches all floors except in front of and alleys garages where 3 feet is required/ Side setbacks adjacent to other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback (channel) 10 feet from bulkhead or rear property line, whichever is more restrictive on the ground floor, 10 feet on all other floors except that a balcony deck may extend 5 feet into the rear setback measured from the required building setback. See Section 3.3.3.0 (Sunset Beach Waterways) for dock, gangway, and landing criteria. No structure higher than 12 inches from top of the bulkhead shall be permitted in the required rear setback except for a five foot security fence of open weave design to a October 2010 Page 33 Draft Sunset Beach Specific Plan maximum of 35 percent opaque. This height shall be measured from the top of the concrete bond beam of the existing bulkhead. e. Building Sites between Bay View Drive and Intrepid Lane Front setback (Bay View) 5 feet ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 6 inches all floors except in front of and alleys garages where 3 feet is required. Side setbacks adjacent to other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback (Intrepid Lane) 5 feet all floors except that an open balcony deck on the second or third floor to 6 inches from the property line. 4. Open Areas. New residential units within areas b) and e) above shall include a minimum 90 square feet of open area by providing for 1) rooftop patios, 2) balconies or decks and/or 3) ground floor yards exclusive of required setback areas. Any such open area must have a minimum dimension of four feet six inches, shall be contiguous to the living area, and shall not face onto any adjoining lot. 5. All building plans shall provide an area for the storage of the minimum required number and size trash cans per dwelling unit as required by the trash removal service. This shall be concealed from public view. 6. Off-street parking shall be in conformance with Section 3.3.4 of the Sunset Beach Specific Plan Regulations. Additional parking shall not be required when additions, not exceeding 50 percent of the floor area of the total structure, are made to lawfully nonconforming residential uses. 7. All roof structures, such as air conditioning units, elevator equipment or other roof mounted appurtenances, shall be screened from view and shall not exceed the overall 35 foot height limit, except chimneys and other ventilation structures not to individually exceed the dimensions of two feet by two feet per flue and not to exceed the height of the building by more than 10 percent. October 2010 Page 34 Draft Sunset Beach Specific Plan 3.3.2 Sunset Beach Tourists A. Purpose The Sunset Beach Tourist (SBT) District is intended to permit the establishment, operation and maintenance of a commercial area that will supply the needs or tourists, visitors, and the local community. Whenever the occupancy or use of any premise is changed to a different use or the existing use is altered, enlarged, expanded or intensified, parking to meet the requirements of this section shall be provided for the new use or occupancy. This provision shall not apply to the addition of rooms or other alterations to lawful nonconforming residential dwellings in a commercial zone that do not increase the total floor area more than 50 percent. As an aid in determining the amount of intensification occurring since 1985, the document prepared by the LCP Board on November 9, 1985, IDENTIFICATION OF PROPERTY ZONED COMMERCIAL ALONG PACIFIC COAST HIGHWAY IN SUNSET BEACH, shall be used as a reference document. B. Principal Permitted Uses The following principal uses are permitted subject to the approval of a Coastal Development Permit and a Conditional Use Permit by the Zoning Administrator. 1. Athletic/health/recreational clubs and centers. 2. Automobile service stations. 3. Bars, night clubs, and cocktail lounges. 4. Beauty shop or barber shop. 5. Parks and playgrounds. 6. Restaurants, drive-ins, and fast food establishment. 7. Other retail and service business associated with the needs of tourists, visitors, and the local community. 8. Hotels, motels. 9. Time-share projects. 10. Commercial boat docks. 11. Bed and breakfast. C. Other Permitted Uses Other permitted uses subject to a Coastal Development Permit and a Conditional Use Permit by the Zoning Administrator. October 2010 Page 35 Draft Sunset Beach Specific Plan 1. Civic and government uses. 2. Community facility. 3. Public/private utility buildings and structures. 4. Residential Uses: a. Located above the first floor of a Principal Permitted Use. b. Parking for both the primary commercial uses and the residential use conforms to Section 3.3.4 of these regulations. c. Such residential use shall not exceed 50 percent of the gross square footage of the entire structure. Additions to lawful nonconforming residential uses are permitted if their cost does not exceed 50 percent of the market value of the residential use. D. Temporary Uses Permitted Seasonal Sales only shall be allowed per the City of Huntington Beach Zoning and Subdivision Ordinance Section 230.86. E. Accessory Uses Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted principal use on the same building site. 1. Garages and carports per Sections 3.3.4 and 3.3.7. 2. Fences and walls per Section 3.3.5. 3. Parking structures. 4. Outdoor dining areas. 5. Signs per Section 3.3.6. F. Prohibited Uses 1. All uses not permitted above are prohibited. 2. Wholesale businesses. 3. Outdoor advertising signs. 4. Sale of food or beverages from vehicles or push carts. 5. Firework sales. 6. Adult entertainment businesses. 7. All Temporary Uses whether under cover or in the open, except as provided in 3.3.3.D above and in General Provision No. 3.2.10. October 2010 Page 36 Draft Sunset Beach Specific Plan 8. Medical marijuana businesses. 9. Methadone related businesses. 10. Residential Alcohol Recovery, General, as defined by the HBZSO. 11. Residential Drug Recovery and Drug Abuse Centers, as defined by the HBZSO G. Site Development Standards The establishment, operation, and maintenance of the uses permitted by this regulation shall be in compliance with the following provisions: 1. Building height—35 feet maximum as measured from the minimum bottom elevation (see 2 below). 2. Bottom elevation —the finished floor elevation for new construction should be a minimum of two feet above the centerline of the frontage street or two feet above the highest perimeter curb elevation of the property, whichever is greater, unless the applicant can prove, using detail hydrologic and hydraulic calculation, that the proposed finished floor elevation has protection from being flooded from a 100-year flood in a manner of meeting the approval of the Planning and Building Director. Those building sites abutting the Sunset Beach Waterways District shall have the additional requirement that the finished floor elevation also be set a minimum of two feet above the bulkhead. 3. Setbacks — Except as noted in a) & b) below, there shall be no required setbacks in the Sunset Beach Tourist District. a. A three foot setback is required for all structures adjacent to SBR district properties. b. Service stations per the City of Huntington Beach Zoning and Subdivision Ordinance. 4. All roof structures, such as air conditioning units, elevator equipment, or other roof mounted appurtenances, shall be screened from view and shall not exceed the overall 35 foot height limit, except chimneys and other ventilation structures not to individually exceed dimensions of two feet by two feet per flue and not to exceed the height of the building by more than 10 percent. 5. All lighting, both exterior and interior, shall be designed and located to confine direct rays to the building site. 6. All storage in cartons, containers, or trash bins shall be enclosed and shielded from view within a building or by a fence/wall not less than six feet in height. If unroofed, trash bins shall have lids. 7. Off-street parking. Per Section 3.3.4 herein. October 2010 Page 37 Draft Sunset Beach Specific Plan H. Lawful nonconforming residential use of property: Should any existing lawful nonconforming residential use presently on property zoned commercial be destroyed such may be rebuilt providing it conforms to the provisions of the residential uses and standards contained in the SBR District. 3.3.3 Public Facilities A. Purpose The Public Facilities District, including the Beach Area (SBB), Parking Facility (SBP), and Waterways (SBW) districts, is intended to permit the establishment and maintenance of community services in locations that will best service the uses in Sunset Beach. It is intended that these community facilities be compatible with the other land uses and included beachfront and parks, public parking facilities, and inland waterways. B. Sunset Beach Beach Area (SBB) 1. To protect beachfront residences and maintain public and private ocean views and access and to preserve the unique public recreational character of Sunset Beach, the existing beach and sand area shall be maintained in their present form. 2. The 27 existing public access points to the beach delineated in the Sunset Beach Land Use Plan shall be retained and maintained in a manner promoting their use by the general public. 3. From the ocean front property line to the ocean there shall be no roadway, bike path, hiking trail, or parking facility. 4. Permanent above-ground structures on the beach and sand areas shall be prohibited, except for: a. Lifeguard towers b. Other facilities necessary for public safety. 5. Temporary uses and structures accessory to residential development shall be permitted within the 20 foot strip of beach property contiguous to SBR properties subject to a Coastal Development Permit and a Public Property Encroachment Permit. Encroachments shall be limited to temporary/removable deck units, the top elevation of which shall not exceed four feet above the street level of South Pacific Avenue; landscaping not exceeding 30 inches in height above patio/deck surface at full growth; and portable furniture. 6. Fire rings or any other fire on the beach shall be prohibited. 7. There shall be no advertising of any nature on the beach and sand areas. 8. No governmental or private agency shall construct or cause to be constructed any structure including but not limited to jetties, groins, berms, etc., that may alter the natural October 2010 Page 38 Draft Sunset Beach Specific Plan shoreline processes such as wave action, channel depth, or general beach configuration except when such protective structures are required to protect existing structures or public beaches in danger from erosion. 9. Temporary recreational facilities for general public use may be permitted subject to a special events permit from the City of Huntington Beach. Such facilities shall be located at least 75 feet from residential property lines unless the facility is directly in front of the property of the applicant for the encroachment permit. C. Sunset Beach Parking Facility (SBP) 1. Parking control shall be in accordance with the City of Huntington Beach Municipal Code. 2. The present general configuration and facilities shall be retained. 3. There shall be no overhead or underground parking facility. 4. There shall be no parking meters or other mechanical control devices. 5. The City shall consult with the Sunset Beach LCP Review Board for recommendation before any facilities are changed or expanded or additional signs installed. 6. There shall be no advertising of any nature. D. Sunset Beach Waterways (SBW) 1. For greater use by the general public, all channels and public waterways in existence as of February 2, 1965 (on which date, by Resolution 65-112, the Orange County Board of Supervisors established the channel widths) shall be maintained and operated as public waterways, subject to Sections 5 through 11 of the Codified Ordinances and Codes governing County waterways. They shall be properly bulkheaded to prevent erosion and resultant land filling, and dredged to maintain navigable depth and regulated to prevent impediment of channel navigation (as described in Sections 2-2-63 and 2-2-65 of the Orange County Codified Ordinance). All navigable channels shall be retained and maintained at the present width, no part of the channels shall be filled, and no encroachments shall be allowed except for bulkheads, gangways, and docks as provided in item number 2 below. 2. In addition to a Coastal Development Permit from the State, a Harbor Permit (encroachment permit) is required for all existing and proposed bulkheads, gangways, and docks within the Sunset Beach Waterways. Bulkheads not within the SBW will require evidence of sound construction (building permit) concurrent with the application for a a harbor permit for dock and gangway attachments. The right to said permit shall be attached to the property and run with the ownership of the bulkhead frontage. As part of the harbor permit application process, a determination will be made for existing facilities as to whether they are in a state of good repair or a state of disrepair. Docks with inadequate floats resulting in partial submersion, sinking, or listing, broken or October 2010 Page 39 Draft Sunset Beach Specific Plan inappropriate decking material, inadequate supports or improper fastening devices (such as PVC pipe), and illegal and unsafe electrical wiring shall be deemed to be in a state of disrepair. All existing bulkheads, gangways, and docks will require a harbor permit and be brought into a state of good repair within two years of the adoption of amendment dated August 31, 1983. All applications for a harbor permit shall be submitted to the Sunset Beach LCP Board for their review and recommendations prior to the issuance of said permit. 3. To provide greater public use of Sunset Channel from 11th Street to the northwest end of the channel, the channel encroachment line shall be 20 feet measured from bulkhead face (See Exhibit 3.2, Permitted Encroachment Areas Within Sunset Beach Channel and Exhibit 3.3, Criteria for Sunset Beach Channel Encroachments). Side setbacks for docks shall be two feet from each property line. This provision is intended to replace the pier lines set in Orange County Board of Supervisors Resolution No. 65-112. No deck or structure shall extend over or in front of the bulkhead in any channel, except a four foot by five foot landing or brow shall be permitted to extend past the bulkhead for access to a gangway to docks. 4. To provide maximum public use of inland waterways in the channels running at 90 degrees to Pacific Coast Highway, the channel encroachment line shall be at 40 feet as measured from lot property lines existing prior to January 1, 1965 (see Exhibit 3.2, Permitted Encroachment Areas Within Sunset Beach Channel). 5. All bulkheads, gangways, and docks encroaching on public waterways shall be maintained in a state of good repair at all times. Failure to repair, upon written notice of the Director of Public Works shall be cause for revocation of the harbor permit. 6. All harbor permits are subject to inspection by City of Huntington Beach or other regulatory authorities. 7. To meet visitor serving needs, the 11th Street public beach shall be retained in its present general configuration, or if reconfigured, shall provide equivalent recreational opportunities and shall be properly maintained. Small boats may be launched at the 11th Street beach provided there is no use of trailers, sand dollies, or mechanical launching equipment. The launching of boats is specifically prohibited at all other publicly owned properties adjacent to Sunset Channel. 8. Any vessel that is occupied with the intent of being used as a residence is prohibited from using dock facilities or mooring overnight within Sunset Beach. 9. The renting or leasing of docks adjacent to private residences is permitted provided that one nine foot by 18 foot off-street parking space is provided for each boat for which mooring space is rented or leased. October 2010 Page 40 0 0 a C0 CD N � o_ y S 03 tl W Channel Ln. CD n net n. HI T 3 10 Pacific Coast Hwy. e � LJ" � m0LALL � � LEGEND r ® 40'Channel Encroachment Area a 20'Channel Encroachment Area Sunset Beach Boundary 0 100 200 400 v Feet v Exhibit 3.2 Permitted Encroachment Areas Within Sunset Beach A Draft Sunset Beach Specific Plan Note: Dimensions shown are maximum allowable for landing brow and encroachment area, and minimum allowable for side setback from each property line. This drawing is.presented as general criteria for the installation of dock facilities and shall not be used in lieu of plans and specifications per the City of Huntington Beach Municipal Code. I I � I I � , 2,* LOT I j LANDING BULKHEAD BROW y rt —GANGWAY4 w -�`2 PIER/DOCK 2' NQ� I Xa I I w Li I � I I I CHANNEL -t2'+ - `? ` R FACE BE BUWHEAD 2 CHANNEL AR'�P Exhibit 3.3 Criteria For Sunset Beach Channel Encroachments October 2010 Page 42 Draft Sunset Beach Specific Plan 3.3.4 Perking Requirements Off-street parking regulations, including minimum parking stalls required and bicycle parking, shall be provided in compliance with the City of Huntington Beach Zoning and Subdivision Ordinance Chapter 231 except that: 1. Residential a. Parking stall size for residential uses shall be a minimum of nine feet by 18 feet, whether the stall is covered or uncovered. b. One half of the required parking may be tandem for residential lots having less than 46 feet of street frontage. 2. All Other Permitted Uses a. No owner or tenant shall lease, rent, or otherwise make available to intended users any off-street parking spaces required by this article. b. Parking stalls for commercial uses requiring backing onto public streets shall be prohibited, except where they presently exist. In the case of minor alterations to existing structures, nonconforming parking stalls may remain subject to a Coastal Development Permit. Minor alterations are defined as those that 1) do not increase the intensity of use and 2) do not increase the existing parking capacity. c. Subject to a Coastal Development Permit by the Planning Commission, the off-street parking facilities may be located on separate non-contiguous building sites subject to recorded covenant that would guarantee their continuous maintenance for the uses they serve. Non-contiguous building sites shall be within 470 feet of the site of the uses they serve. d. Up to 50 percent of the required parking for commercial uses may be compact size, eight feet by 15 1/2 feet, subject to a Coastal Development Permit. The point of entry or exit for compact space shall be no closer than 20 feet from the ultimate right-of- way at the street opening. e. One-way accessways shall have a minimum width of 14 feet unless it is a fire lane which requires a minimum of 20 feet. However, see also General Provision 3.2.4. f. Two-way accessways shall have a minimum width of 24 feet. However, see also General Provision 3.2.4. g. The point of exit or entry from any off-street parking space, except compact, may be at the ultimate right-of-way to a street opening. h. Aisle width requirements of the City of Huntington Beach Zoning and Subdivision Ordinance shall prevail, except that one-way aisles with parallel parking on one or both sides shall be a minimum of 12 feet. October 2010 Page 43 Draft Sunset Beach Specific Plan i. Up to 40 percent of the required parking spaces may be tandem parking subject to a Coastal Development Permit by the Planning Commission. j. Subject to a Coastal Development Permit by the Planning Commission, a reduction in the number of required parking spaces may be allowed for uses which utilize shared parking site between uses that have different peak parking periods. 3. Minimum parking stalls required by specific use within Sunset Beach are set out as follows: Use Stall Required a. Automobile, truck, boat, trailer, or 1 space for each 400 sq. ft. of gross similar vehicle sale or rental floor area, except area used establishments. exclusively for storage or loading and 1 space for each 1000 sq. ft. of outdoor sales, display, or service area. b. Automobile service stations. 2 spaces for each lubrication stall, rack, or pit, plus 1 space for each gasoline pump outlet C. Beauty shop or barber shop. 2 spaces for each of the beauty station or barber chair d. Child care center, day nursery, 1 space for each staff member, plus 1 preschool, or nursery school. space for each 5 children or 1 space for each 10 children where a circular driveway or its equivalent designed by contiguous flow of passenger vehicles for the purpose of loading and unloading children. e. Commercial boat docks. 1 space for each 35 feet of boat dock or boat mooring with a minimum of 1 space per boat. In addition, where commercial docks are used to load or unload passengers on a commercial or fee basis, there shall be 1 additional onsite parking space required for each 2 passenger or passenger capacity of the boat. October 2010 Page 44 Draft Sunset Beach Specific Plan f. Commercial service 1 space for each 400 sq. ft. of gross establishments, repair shops, floor area, except floor area used motor vehicle repair garages, and exclusively for storage or loading, plus similar establishments. 1 space for each 500 sq. ft. of outdoor sales, display, or service area. g. Dance halls, pool or billiard parlors, 1 space for each 3 persons allowed roller or ice skating rinks, exhibition within the maximum occupancy load as halls, including private clubs and established by local, County, or State lodge halls. fire, building, or health codes, or 1 space for each 75 square foot of gross floor area, whichever is greater. h. Food store, grocery store, 1 space for each 225 sq. ft. of gross supermarket, or similar use. floor area. i. Furniture store, appliance store, 1 space for each 500 sq. ft. of gross machinery rental, or sale store floor area, except floor area used (including motor vehicle rental or exclusively for storage or loading, plus sales), and similar establishments 1 space for each 500 sq. ft. of outdoor which handle only bulky sales, display or service area. merchandise. j. General office and other business 1 space for each 250 sq. ft. of gross technical service, administrative or floor area professional offices including real estate. k. General retail stores, except as 1 space for each 225 sq. ft. gross floor otherwise noted. area. I. Laundromats. 1 space for each 4 machines. M. Medical/dental office or clinic. 1 space for each 150 sq. ft. of gross floor area n. Motel or hotel. 1 space for each guest unit. 2 spaces for any unit having facilities other than bathroom, e.g., kitchen, wet bar; etc. o. Private golf course, swim club, 1 space for each 4 persons based country club, tennis club, recreation upon maximum capacity of all facilities center, or similar use. capable of simultaneous use as determined by the staff, plus 1 space for each 2 employees. October 2010 Page 45 Draft Sunset Beach Specific Plan P. Residential. 2 spaces for each dwelling unit q. Restaurants, night clubs, bars and 1 space for each 100 sq. ft. of serving similar establishments for the sale area. There shall be a minimum of 10 and consumption of food and spaces on-site without regard for the beverage on the premises. sq. ft. of service area. r. Tennis courts, open to the public. 2 spaces for each court. S. Veterinary hospital. 1 space for each 150 sq. ft. of gross floor area. t. Other. All other uses shall be defined by the City of Huntington Beach Zoning and Subdivision Ordinance. 3.3.5 Fences and Walls For purposes of this section, "fences and walls" include any type of fence, wall, retaining wall, sound attenuation wall, or screen. Fences/walls shall be in compliance with the following regulations. However, walls that are located within the interior of an approved tract map and are part of the initial development of that tract map shall be exempt from these regulations. Subsections "4" and "Y only shall also apply to hedges, or thick growth of shrubs, bushes, or trees. Fence/wall heights shall be measured from the base of the fence/wall to the top on interior or exterior side, whichever is greater. 1. Main building area. In the area where a main building may be constructed, the district building height regulations apply. 2. Setback areas bordering streets. a. The maximum height shall be three and one-half feet within any required front setback area and six feet within any rear or side setback area (through which no vehicular access is taken) adjoining a street, up to a maximum depth of 20 feet. b. That portion of a building site where vehicular access rights have been dedicated to a public agency may have a six feet high fence/wall. c. Fences/walls that border major arterial highways may be six feet high and as high as eight feet if: i. The major arterial is elevated two feet or more above the building site elevation, or ii. The exterior side measurement of the wall is not more than six feet in height. October 2010 Page 46 Draft Sunset Beach Specific Plan 3. Setback areas not bordering streets. The maximum height shall be six feet within any required front, rear, or side setback area not adjoining a street. However, where the elevation of an adjoining building site to the side or rear is higher than the base of the fence or wall in the side or rear setback area, the height of the fence or wall may be measured from the elevation of the adjoining building site to the top of the fence or wall. However, in no case shall such a fence or wall exceed eight feet from the base of the fence/wall to the top as measured from the adjoining site. 4. Access intersection areas. Notwithstanding "2" above, the maximum height shall be three and one-half feet within five feet of the point of intersection of: a. An ultimate street right-of-way line and an interior property line; b. An ultimate street right-of-way line and the edge of a driveway or vehicular accessway; c. An ultimate street right-of-way line and an alley right-of-way line; and d. The edge of a driveway or vehicular accessway and an alley right-of-way line. 5. Street intersection areas. Notwithstanding "2" above, the maximum height shall be three and one-half feet within the triangular area formed by drawing a straight line between two points located on, and 15 feet distant from, the point of intersection of two ultimate street or highway right-of-way lines extended. 6. Modifications permitted. Exceptions and modifications to the fence and wall height provisions may be permitted subject to the approval of a conditional use permit by the Zoning Administrator per the Huntington Beach Zoning and Subdivision Ordinance. 3.3.6 Sign Regulations All references to this section shall include Section 1 through 9. 1. Purpose The purpose of this section is to establish standards for the control of signs in Sunset Beach that require protection of vistas of the natural landscape, scenic corridors and highways, recreational facilities, and routes used for access to recreational areas and facilities. The intent of these regulations is to minimize the number of signs and to encourage the use of sound planning and design principles in the use of signs to complement the main use of the property. Also to promote the visitor-serving October 2010 Page 47 Draft Sunset Beach Specific Plan commercial/recreational facilities designed to enhance public opportunities for coastal recreation. 2. General Provisions a. Uncertainty. Whatever uncertainty exists as to the intent or wording of this article, the Sunset Beach Local Coastal Program Review Board shall be consulted to make an interpretation. The decision of the Planning and Building Director shall be final unless appealed. Appeals will require the filing of a Coastal Development Permit for a public hearing. b. Except for special event signs, all permitted signs shall be located on the same site as the use they identify or the goods they advertise. Exception — Special event signs may be located off-site with the approval of the City of Huntington Beach. 3. Permitted Permanent Signs a. Business sign: A sign displaying information pertaining to goods or services offered or produced by the business located on the property but not including advertising devices/displays. Business signs may include the identifying name of a business. b. Civic activity sign: A bulletin board customarily incidental to places of worship, libraries, museums, and other public institutions. c. Identification sign: A sign identifying the name and symbol/insignia of an existing or future community, building, business, facility, organization, person, etc. 4. Permitted Temporary Signs Temporary Signs are permitted in any district (except where prohibited). A Coastal Development Permit will not be required if the sign does not exceed the height of existing structures on a site. a. The following signs are permitted: i. Real Estate signs: In any area one real estate sign shall be permitted on any building site or business property, not to exceed four square feet in area, unlighted and unilluminated. ii. Construction signs: One construction sign shall be permitted on any building site, in any area, except where specifically prohibited, unlighted and unilluminated and not to exceed a total area of 16 square feet. b. Upon review and recommendation of the LCP Review Board and approval of the Planning and Building Department, the following signs are permitted: i. Special Event signs: For community sponsored events such as the Firemen's Ball, Chili Bean Feed, Art Festival, and Pancake breakfast, etc. October 2010 Page 48 Draft Sunset Beach Specific Plan ii. Portable signs: One portable sign shall be permitted on any building site zoned for commercial use, unlighted and unilluminated and not to exceed a total of 16 square feet or five feet in height. Portable signs are not allowed in any road or pedestrian right-of-way. 5. Prohibited Signs a. Signs which resemble or conflicts with any traffic-control device or conflict with safe and efficient flow of traffic. b. Signs which create a safety hazard by obstructing clear view of pedestrian and vehicular traffic. c. Outdoor advertising signs (e.g. billboards). d. Advertising device/display. e. Banner signs. 6. Sign Definitions Except as defined by these regulations, signs shall have the same definitions per the Zoning and Subdivision Ordinance Chapter 233. 7. Lighted/Illuminated Signs Lighted and illuminated signs shall be designed and installed so that direct light rays shall be confined to the premises. 8. Signs Abutting Residential Areas On the ocean side of Pacific Coast Highway business and identification signs facing the ocean are permitted providing they are no more than 32 square feet in area. If lighted, it shall be by external lighting only with the rays directed on the sign face only. 9. Sign Measurements a. Sign Area: The entire area within which a single continuous perimeter of not more than eight straight lines enclose the extreme limits of writing. Signs shall not exceed one square foot of sign area for each linear foot of building frontage. The total aggregate sign area for such signs shall not exceed 125 square feet for each property. If the building frontage of any business is less than 25 feet, only one sign, having a maximum area of 25 square feet, shall be permitted for each such business. Signs for the purpose of identifying public access to the Ocean/Beach located at Anderson/Pacific Coast Highway and at Warner shall not exceed four square feet. October 2010 Page 49 Draft Sunset Beach Specific Plan b. Sign Height: The greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign. Signs shall not exceed the building height limit of the district in which they are located. i. Pole and roof signs: Maximum height 25 feet. ii. Wall signs: Maximum height 35 feet. 3.3.7 Accessory Uses and Structures In addition to the principal uses and structures expressly included in the Specific Plan, accessory uses and structures which are customarily associated with and subordinate to a permitted principal use on the same building site and which are consistent with the purpose and intent of the Specific Plan are permitted. Whenever there is a question as to whether a specific use or structure is permitted as an accessory use, the Planning and Building Director shall make the determination. 1. Discretionary action required. Accessory uses and structures shall be subject to a discretionary action per Section 4.2 when one or more of the following apply: a. Required by other zoning regulations, or b. The principal use is subject to a discretionary permit and the accessory structure is over six feet in height. 2. Location of certain attached accessory structures. Accessory structures that are attached to a main building, are enclosed, and are over eight feet in height shall comply with the setback requirements for a main building, except as provided in Section 3.3.7. 3. Location of other accessory structures. Accessory structures other than in "2" above shall be permitted anywhere on the building site except within the following areas, unless otherwise permitted by Section 3.3.7. a. Within the ultimate right-of-way. b. Within the area designated on an approved building line plan as a setback area applicable to accessory buildings. c. Within those areas where fences and walls are limited to a maximum height of three and one-half feet, as specified in Section 3.3.5. d. Within the required front setback area unless provided for by a coastal development permit approved by the Zoning Administrator. October 2010 Page 50 Draft Sunset Beach Specific Plan e. Within the panhandle portion of a panhandle building site. 4. Height Limit Accessory structures that are within the required setback areas shall be limited to 12 feet in height, unless it is within three feet of a property line, in which case it shall be limited to eight feet in height. However, the height limit may be increased pursuant to a variance approved by the Zoning Administrator. 5. Building site coverage within setback areas. Accessory structures shall be limited to the following site coverage within the required setback area: Required Setback Area Enclosed Structure Unenclosed Structure Front 0% 0%* Rear 25% 50% Side 25% 50% *Note: Up to 25 percent building site coverage of the required front setback area shall be allowed for unenclosed structures if provided for by a coastal development permit approved by the Zoning Administrator. 6. Garages and carports. When alleys, private streets, or common driveways are provided specifically as vehicular access to garages and carports and when separate access and circulation systems are provided for pedestrians, guests, and emergency vehicles, attached and detached garages and carports may be placed anywhere within the rear setback area except within those areas where fences and walls are limited to a maximum height of three and one-half feet as specified in Section 3.3.5. See also Section 3.3.4.2.g. 7. Satellite dish antennas. Satellite dish antennas shall be permitted in any residential district if one meter or less in diameter and permitted in any commercial district if two meters or less in diameter. 8. Swimming pools. Swimming pools shall not be constructed within three feet of vehicular right-of-way or property line or within those areas described as access intersection areas and street intersection areas per Section 3.3.5. 3.3.8 Flood Plain District The Huntington Beach Zoning and Subdivision Ordinance Floodplain Overlay District Regulations and County of Orange Coastal Flood Plain Development Study as amended are hereby incorporated into the Sunset Beach Specific Plan and shall be applicable as designated by the floodplain map. Finished floor elevations shall also be in compliance with Section 3.3 Site Development Standards. October 2010 Page 51 Draft Sunset Beach Specific Plan 4® Administration The methods and procedures for implementation and administration of the Development Standards, as well as the guidelines and other conditions of this Specific Plan are prescribed below. 4.1 Enforcement of the Specific Plan The City's Planning and Building Director shall administer the provisions of the Sunset Beach Specific Plan in accordance with the State of California Government Code, Subdivision Map Act, the Huntington Beach Municipal Code, the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), the City's General Plan and the City's Local Coastal Program. The Specific Plan development procedures, regulations, standards and specifications shall supersede the relevant provisions of the City's Zoning Code (Huntington Beach Zoning and Subdivision Ordinance), as they currently exist or may be amended in the future. Any development regulation and building requirement not addressed in the Specific Plan shall be subject to the City's adopted regulations in effect at the time of an individual request. 4.2 Methods and Procedures The methods and procedures for implementation of the Specific Plan shall be on a project-by- project basis. The adoption of the Specific Plan alone will not require any improvements to the Specific Plan area. Physical improvements will only coincide with the approval of development projects. The Specific Plan is a regulatory document and is not intended to be a Development Agreement. Coastal Development Permits Coastal Development Permits shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. Conditional Use Permits Conditional Use Permits shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. Tentative Maps Tentative Tract or Parcel Map(s) shall be in compliance with the provisions and procedures of the Huntington Beach Zoning and Subdivision Ordinance. Tentative Maps require a Coastal Development Permit. Variances Variances shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. October 2010 Page 52 Draft Sunset Beach Specific Plan Appeals Any decision or determination may be appealed in accordance with applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance. In addition, the majority of Sunset Beach is in an appealable area such that coastal development permits approved by the local jurisdiction may be appealed to the California Coastal Commission. Permitted uses are subject to appeal to the California Coastal Commission per the Zoning and Subdivision Ordinance if within an appealable area. Certificate of Occupancy Certificates of Occupancy shall be processed pursuant to the City of Huntington Beach Municipal Code. Sunset Beach LCP Review Board The County's Sunset Beach LCP was developed largely through the vigorous efforts of the Sunset Beach community through the LCP Advisory Committee. Subsequent to the County's LCP adoption, the Board of Supervisors designated the Sunset Beach LCP Conformity and Violation Review Board (commonly known as the "LCP Board") as the official citizen's review group in Sunset Beach. The Committee helped identify the community lifestyle and special needs of Sunset Beach. It recognizes the complex needs and limits of planning an area that is 96 percent developed. Coastal Act Policies have been applied with sensitivity to the existing community. The Sunset Beach LCP Review Board provides continuing community participation in the long- term process of implementing the provisions of this Specific Plan. Such process does not replace the current mode of community participation, but provides a centralized forum for obtaining community opinion and for transmitting recommendations to the City. The LCP Review Board's specific function and membership is contained in a separate document titled "Bylaws of the Sunset Beach Advisory Committee (LCP Board)." In addition, the Director of Planning and Building shall forward the following items to the Sunset Beach LCP Review Board: ■ All discretionary permit applications, special event permits and harbor permits for review and comment at least 21 calendar days prior to final action by the approving authority. Any changes to floor plans or site plans associated with the discretionary permit shall be resubmitted to the Review Board prior to final action by the City. ® Requests for Special event signs and Portable signs. ® A copy of all Certificates of Occupancy issued by the City for their records. ■ A copy of Certificates of Occupancy and encroachment permits issued for any use of public properties within three days of issuance for their records. October 2010 Page 53 Draft Sunset Beach Specific Plan Nonconforming Uses and Structures Nonconforming uses and structures are subject to the City of Huntington Beach Zoning and Subdivision Ordinance Chapter 236 except as otherwise noted in these regulations. 4.3 Specific Plan Amendments The Specific Plan may be amended. The Planning and Building Director shall have the discretion to determine if requests for modification to the Specific Plan are minor or major. Minor modifications may be accomplished administratively by the Director. Major modifications will require the processing of a Zoning Text Amendment and Local Coastal Program Amendment, subject to the City's processing regulations in place at the time of the request. Minor modifications are simple amendments to the exhibits and/or text that are intended to clarify and not change the meaning or intent of the Specific Plan. Major modifications are amendments to the exhibits and/or text that are intended to change the meaning or intent of the Specific Plan. Proposed amendments for both minor and major modifications shall be forwarded to the Sunset Beach LCP Review Board by the Planning and Building Director at least 21 days prior to action by the Planning Commission. 4.4 Severability If any section, subsection, sentence, clause, phrase, or portion of this title, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title, or any future amendments or additions hereto. The City hereby declares that it would have adopted these titles and each sentence, subsection, clause, phrase, or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto may be declared invalid or unconstitutional. October 2010 Page 54 Draft Sunset Beach Specific Plan Appendices A. Legal Description . EXHIBIT A PROPOSED"SUNSET BEACH ANNEXATION(AN 10-__)" That portion of fractional Section 24,Township 5 South,Range 12 West,and those portions of fractional Sections 19 and 30,Township 5 South,Range 11 West,of the San Bernardino Meridian,in the County of Orange,State of California according to.the official plat of said land filed in the District Land Office described as follows: Beginning at the northerly terminus of that certain course in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 920 of said city shown as having a bearing and distance of"South 21°43' 12"West,249.38 feet",said northerly terminus also being the most easterly corner of Tract No.21 as per map recorded in Book 9,Page 22 of Miscellaneous Maps,in the office of the County Recorder of said County;thence along said City Boundary Line the following courses: Course L.South 21°43' 12"West a distance of 249.38 feet, Course 2: South 075607"West a distance of 53.74 feet to a point being in a curve concave to the northeast having a radius of 2940 feet;a radial line of said curve from said point bears North 44921361'East, Course 3: Southeasterly a distance of 63.71 feet along last mentioned curve through a central angle of 01°14'30", Course 4: South 47°01'54"East a distance of 279.29 feet to the beginning of a tangent curve concave to the southwest having a radius of 3060 feet, Course 5: Southeasterly a distance of 195.23 feet along said last mentioned curve through a central angle of 03°39'20", Course 6: South 43°22'34"East a distance of 1599.82 feet to the beginning of a tangent curve concave to the southwest having a radius of 3050 feet, Course 7: Southeasterly a distance of 183.58 feet along said last mentioned curve through a central angle of 03°26'55",to a point on a line parallel with and 30.00 feet southerly, measured at right angles,from the centerline of Los Patos Avenue(Warner Avenue)as said centerline is shown on a map filed in Book 53,Page 40 of Records of Survey in the office of said County Recorder,said point being the most southwesterly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 3489 of said city;thence leaving said city boundary, Course 8: South 89°51'53"West a distance of 377.41 feet along said parallel line to a point in the boundary line of the City of Huntington Beach as established by.City Annexation in Ordinance No. 1126 of said city,said point also being southeasterly along said City Boundary line 40.61 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of"North 42°28'13"West, 1816.06 feet";thence along said City Boundary Line, October 2010 Page 55 Draft Sunset Beach Specific Plan EXHIBIT A PROPOSED "SUNSET BEACH ANNEXATION(AN Course 9:North 43°23'54" West a distance of 40.61 feet, Course 10: South 89°51'53" West a distance of 291.59 feet, Course 11: South 49°10'33" West a distance of 344.56 feet to a point in the Mean High Tide Line of the Pacific Ocean as shown on Record of Survey 2010-1097 recorded in Book 241, Page 3 in the office of the County Recorder of said County,said point also being the southeasterly terminus of that certain course shown as having a bearing and distance of"North 41°43'52"West,388.69 feet";thence along said Mean High Tide Line the following courses: Course 12: North 42°38'49" West a distance of 388.69 feet, Course 13:North 44°46'59"West a distance of 1085.55 feet, Course 14:North 44°33'21" West a distance of 1283.71 feet, Course 15:North 43°44'38" West a distance of 1709.89 feet, Course 16:North 41°23'09"West a distance of 968.62 feet, Course 17:North 47°20'53" West a distance of 703.78 feet to a point in the southeasterly City Boundary Line of the City of Seal Beach,County of Orange, State of California, said boundary having been established as Annexation N6.76-1 to said city, said point also being distant southwesterly along said City Boundary line 368.70 feet from the easterly corner of said Annexation No. 76-1;thence leaving said Mean High Tide Line and along said City Boundary Line, Course 18:North 49°35'36" East a distance of 368.70 feet to the most easterly corner of said Annexation No. 76-1, said corner also being the most southerly corner in said city boundary established as Annexation No. 67-1 to said city;thence along said City Boundary Line, Course 19:North 49°35'36"East a distance of 511.00 feet to the most westerly corner in the boundary line of the City of Huntington Beach as established by City Annexation_in Ordinance No. 919 of said city, said corner being in a curve concave to the southwest having a radius of 1060 feet, a radial line of said curve from said point bears South 25°58'14" West(South 26°05'34" West per said Ordinance No. 919);thence along said City Boundary Line the following courses: Course 20: Southeasterly a distance of 380.17 feet along said last mentioned curve through a central angle of 20°32'58", -2- October 2010 Page 56 Draft Sunset Beach Specific Plan EXHIBITA PROPOSED "SUNSET BEACH ANNEXATION(AN 10-__)" Course 21: South 43°28'48"East a distance of 389.02 feet to the beginning of tangent curve concave to the southwest having a radius of 1060 feet, Course 22: Southeasterly a distance of 341.40 feet along said last mentioned curve through a central angle of 18027'1211, Course 23: South 25'01'36"East a distance of 63.84 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 24: Southeasterly a distance of 117.68 feet along said last mentioned curve through a central angle of 071073", Course 25: South 329 F59"East a distance of 35.23 feet to the beginning of a tangent curve. concave to the northeast having a radius of 940 feet, Course 26: Southeasterly a distance of 186.20 feet along said last mentioned curve through a central angle of 11'20'58", Course 27: South 43°32'57"East a distance of 563.44 feet along to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 28: Southeasterly a distance of 136.93 feel along said.last mentioned curve through a central angle of 08°20'46", Course 29: South 51°53'43"East a distance of 179.28 feet to the most southerly corner of said Ordinance No. 919 of said city, Course 30:North 469 V47"East a distance of 323.43 feet to the most easterly corner of said Ordinance No. 919 of said city,said corner also being a point along that certain course in the. southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No.800 of said city,a distance of 1008.96 feet from the . northwesterly terminus of that certain course shown as having a bearing and distance of "North 42°45'00"West,2727.12 feet";thence along said City Boundary Line; Course 31: South 42°28'34"East a distance of 980.00 feet to the most northerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1089 of said city;thence along said City Boundary Line, Course 32: South 46°45' 11" West a distance of 55.00 feet, Course 33:.South 43°14'49"East a distance of 375.00 feet, Course 34:North 46'45'11"East a distance of 15.00 feet, Course 35: South 43°14'49"East a distance of 111.77 feet, -3 - October 2010 Page 57 Draft Sunset Beach Specific Plan EXHIBIT A PROPOSED "SUNSET BEACH ANNEXATION(AN 10-_)" Course 36: North 75°46'26" East a distance of 33.80 feet along said City Boundary Line to an intersection with that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city, said intersection also being northwesterly along said southwesterly boundary 261.60 feet from the southeasterly terminus of that certain course shown as having a bearing and distance of"North 42°45'00" West and a length of 2727.12 feet";thence along said City Boundary Line, Course 37: South 42°28'34" East a distance of 261.60 feet, Course 38: South 4713'34" East a distance of 35.00 feet to the Point of Beginning. Containing an area of 133.88 acres,more or less. Attached hereto and made a part hereof is a map designated as EXHIBIT B. SURVEYOR'S CERTIFICATE This proposal was prepared by me or under my supervision. ILA 17 a- ZoI� Jeremy L. 9vans,PLS 5282 Date: Expires: December 31,2011 EX JZ-3� 1 Z011 �r�lf OF CL1���� This proposal does meet the approval of the Orange County Surveyor's Office. Dated this day of 201_. By: Raymond L.Mathe, County Surveyor PLS 6185,Expiration Date:March 31, 2012 -4 - October 2010 Page 58 PROOF OF PUBLICATION STATE OF CALIFORNIA) CITYOF. RINTINGTON BEACH SS. LEGAL NOTICE COUNTY a '� gg �/ ® �y ORDINANCE NO.3001 1 CO`S'NT I OF ORANGE ) � .Adopted by the i City Council on ' NOVEMBER 1,2010,, "AN ORDINANCE OF THE( CITY OF HUNTINGTON I am a citizen of the United States and a BEACH AMENDING DIS TRICT MAPS 21 AND 35 resident of the County aforesaid, I am ; (SECTIONAL MAPS 19-5- 11 AND 30-5-11)OF THE over the age of eighteen years, and not HUNTINGTON BEACH ZONING AND SUBDIVI-1 a party to or interested in the notice SION ORDINANCE TO PREZONE, THE SUNSET published. I am a principal Clerk of the BEACH AREA LOCATED IN THE COUNTY OF HUNTINGTON BEACH INDEPENDENT, ; ORANGE TO THE SUN- SET BEACH SPECIFIC which was adjudged a newspaper of PLAN WITH, COASTAL ZONE:`OVERLAY (SP 17-, general circulation on August 24, 1994, CZ)(ZONING, MAP .AMENDMENT NO: 10= case A50479, for the City of Huntington 001)° SYNOPSIS:. Beach, County of Orange, and the State ZON ING `:M A.P, i 1 of California. Attached t0 this Affidavit IS AMENDMENT N0. 10-001 REPRESENTS A RE- QUEST TO AMEND THE a true and complete co as was rented CITY OF, HUNTINGTON,1 p copy p BEACH ZONING MAP TO and published on the following date(S). PRE-ZONE THE.SUNSET BEACH AREA WITH THE SUNSET BEACH SPECIE- :IC PLAN AND A COASTAL j 'ZONE OVERLAY PURSU- 1 ANT TO CHAPTER 247'I OF THE. ZSO. PRE- j ZONING IS REQUIRED I FOR ANNEXATION TO BE . APPROVED.' !PASSED AND ADOPTED I November 11 2010 by the City Huntington 4 , the City' of:Huntingtonn ' Beach at a regular meet- ing, held .November 1, i 2010 by the following roll call vote: AYES Carchio, Green; Bohr,Dwyer,Hansen certify (or declare) under penalty of NOES:None ABSTAIN:None ' ABSENT:Hardy,.Coerper perjury that the foregoing is true and `THE FULL EXT avTH ` AIL- correct. ABLE IN THE, CITY CLERK'S OFFICE. This ordinance is effeor'1 tive .30 days after. adoption. CITY OF BEACExecuted on November 12, 2010 HUNTINGTON2000 MAIN STREET STREET - HUNTINGTON BEACH; at Costa Mesa, California '714-536 522 JOAN L.FLYNN, CITY-CLERK - Published ,Huntington Beach Independent No' r i vember 11 2010 112-2231 ['j/ Signat NOTICE OF ACTION Sunset Beach Annexation and Specific Plan November 1, 2010 City of Huntington Beach Attn: Planning and Building Department 2000 Main Street Huntington Beach CA 92614 APPLICANT: City of Huntington Beach REQUEST: Annexation No. 10-001: A City-initiated proposal to annex the approximately 134 acre unincorporated Sunset Beach community to the City of Huntington Beach. The property is currently located within the jurisdiction of the County of Orange. General Plan Amendment No. 10-002: A request to amend the General Plan Land use Map (Figure LU-5) to establish General Plan land use designations for the Sunset Beach area as follows — approximately 22.3 acres for Residential High Density-30, 9.2 acres for Visitor Serving Commercial-Mixed Use Overlay, 13.0 acres for Public, 3.4 acres for Open Space-Water Recreation and 57.7 acres for Open Space-Shoreline. The remainder of the area is right-of-way. The entire area would also have a Specific Plan overlay. The General Plan Amendment would designate the Sunset Beach area as Subarea 4L on the Community District and Subarea Schedule (Figure LU-6 and Table LU-4) and would amend Table LU-3 to add a reference to "specific plans" for the Mixed Use Overlay. In addition, the General Plan Amendment would update figures to reflect the change in the City's boundary, would make minor wording changes to the Utility Element and would update the Recreation and Community Services Element to reflect updated recreational amenity information. Zoning Text Amendment No. 10-002: A request to create the Sunset Beach Specific Plan (Specific Plan 17) that will provide development. standards for the Specific Plan area. The Sunset Beach area is currently governed by a County of Orange Sunset Beach Specific Plan. Zoning Map Amendment No. 10-001: A request to amend the City of Huntington Beach Zoning Map to pre-zone the Sunset Beach area with the Sunset Beach Specific Plan. Local Coastal Program Amendment Notice of Action Sunset Beach Annexation Page 2 No. 10-001: A request to amend the City of Huntington Beach Local Coastal Program Land Use Plan and Implementation Plan to: 1) amend the certified Land Use Plan (Figure C-5) to establish City Land Use Designations for the Sunset Beach area consistent with the General Plan Land Use Designations described above, including designating it as Subarea 4L on the Community District and Subarea Schedule (Figure C- 10 and Table C-2); 2) amend Land Use Plan Table C-1 to add a reference to "specific plans" for the Mixed Use Overlay; 3) amend various text sections of the Land Use Plan to include descriptions of the Sunset Beach area and update the figures to reflect the change in City boundary; and 4) amend the Implementation Plan to reflect the Zoning Map Amendment and Zoning Text Amendment described above. Draft Negative Declaration No.10-005: To analyze the potential environmental impacts associated with the General Plan Amendment, Zoning Text Amendment, pre-zoning, Local Coastal Program Amendment and annexation of Sunset Beach. LOCATION: Unincorporated Sunset Beach, located between Warner Avenue and Anderson Street on either side of Pacific Coast Highway, including the beach area. PROJECT PLANNER: Mary Beth Broeren On Monday, October 18, 2010 a public hearing was held to consider your request and the following action was taken by the Huntington Beach City Council: 1) approved Negative Declaration No. 10-005 with Findings for Approval; 2) approved General Plan Amendment No. 10-002 and adopted Resolution No. 2010-73, "A Resolution of the City Council of the City of Huntington Beach, California, Approving General Plan Amendment No. 10-002", 3) approved Zoning Text Amendment No. 10-002 with Findings for Approval and adopted Resolution No. 2010-74, "A Resolution of the City Council of the City of Huntington Beach Adopting Zoning Text Amendment No. 10-002 by Creating the Sunset Beach Specific Plan (SP 17)"as amended. Sunset Beach Specific Plan (3.3.1 C-7) staff to provide amortization scheduled to have all short-term vacation rentals file CUP by twelve months after Coastal Commission approval; 4) approved Zoning Map Amendment No. 10-001 with Findings for Approval and approved for introduction Ordinance No. 3901, "An Ordinance of the City of Huntington Beach amending District Maps 21 and 35 (Sectional Maps 19-5-11 and 30-5-11) for the Huntington Beach Zoning and Subdivision Ordinance to Prezone the Sunset Beach Area Located in the County of Orange to the Sunset Beach Specific Plan with Coastal Zone Overlay (SP 17-CZ) (Zoning Map Amendment No. 10-001)"- 5) approved Local Coastal Program Amendment No. 10-001 with Findings for Approval and adopted Resolution No. 2010-75, "A Resolution of the City of Huntington Beach, Adopting Local Coastal Program Amendment No. 10-001 to Amend the Local Coastal Program Land Use Plan and Implementing Ordinances for the Real Property Generally Located Between Warner Avenue Notice of Action Sunset Beach Annexation Page 3 and Anderson Street on Either Side of Pacific Coast Highway and to Reflect Zoning Text Amendment No. 10-002 and Zoning Map Amendment No. 10-001 and Requesting Certification by the California Coastal Commission",- and, 6) approved Annexation No. 10-001 to the Local Agency Formation Commission. Enclosed are the Findings for Approval, Action Agenda, an executed copies of Resolution Nos. 2010-73, 2010-74 and 2010-75, and an unexecuted copy of Ordinance No. 3901. If there are any further questions, please contact Planning Manager Mary Beth Broeren at (714) 536-5550. Joan L. Flynn City Clerk JF:rl c: Scott Hess, Director of Planning and Building Mary Beth Broeren, Planning Manager Local Agency Formation Commission (LAFCO) Attachments: Findings for Approval — ND 10-005, ZTA 10-002, ZMA 10-001, and LCPA 10-001 Action Agenda for 10-18-10 Executed Copies of Resolution Nos. 2010-73, 2010-74 and 2010-75 Executed Copy of Ordinance No. 3901 CounciVRDAJPFA Minutes Octob&18,2010 Page 10 of 13 Huntington Beach should be approved by Sunset Beach before the next Huntington Beach City Council Meeting and urged the City Council to approve the annexation (01:27 50). Anthony Nobles, a resident of Sunset Beach and a member of the Sunset Beach Community Association Transition Committee,thanked the City Council and Planning Department Staff for their accommodation, cooperation and participation in the annexation planning process (01:29:42). Tom Burke, a Transition Committee member, urged the City Council to adopt all of the resolutions regarding the annexation'As-Is.' (01:31:28) iUiayor Green closed the public hearing. Councilmembers and staff discussed the details (relative to the annexation of Sunset Beach)of the proposed processes for issuing Conditional Use Permits for Short-Term Rentals, Parking Permits, Fire Pits, Encroachments, Code Enforcement, and associated fees and fee structures. Carolyn Emery, Assistant Executive Officer with Orange County LAFCO, explained that the letter from LAFCO submitted earlier in the evening contained nothing new but merely expressed LAFCO's support of the Pre-Zoning of the Sunset Beach community. A motion was made by Hansen, second Bohr to approve Negative Declaration No. 10-005 with findings for approval;and, approve General Plan Amendment No. 10-002 and adopt Resolution No. 2010-73, "A Resolution of the City Council of the City of Huntington Beach approving General Plan Amendment No. 10-002"; and, approve Zoning Text Amendment No. 10-002 with findings for approval and adopt Resolution No. 2010-74, "A Resolution of the City Council of the City of Huntington Beach Adopting Zoning Text Amendment No. 10-002 by Creating the Sunset Beach Specific Plan(SP 17)" as amended. Sunset Beach Specific Plan(3.3.' C-7)staff to provide amortization scheduW to have all short-term vacation rentals file CUP by twelve months after Coastal Commission approval-, and approve Zoning Map Amendment No. 10- 001 with findings for approval and approve for introduction Ordinance No. 3901, "An Ordinance of the City of Huntington Beach Amending District Maps 21 and 35 (Sectional Maps 19-5-11 and 30-5-11)for the Huntington Beach Zoning and Subdivision Ordinance to Prezone the Sunset Beach Area Located in the County of Orange to the Sunset Beach Specific Plan with Coastal Zone Overlay(SP 17-CZ) (Zoning Map Amendment No. 10-001)"; and, approve Local Coastal Program Amendment No. 10-001 with findings for approval and adopt Resolution No. 2010-75, "A Resolution of the City Council of the City of Huntington Beach, Adopting Local Coastal Program Amendment No. 10-001 to Amend the Local Coastal Program Land Use Plan and Implementing Ordinances for the Real Property Generally Located Between Warner Avenue and Anderson Street on Either Side of Pacific Coast Highway and to Reflect Zoning Text Amendment No. 10-002 and Zoning Map Amendment No. 10-001 and Requesting Certification by the California Coastal Commission"; and, recommend approval of Annexation No. 10-001 to the Local Agency Formation Commission. The motion carried by the following roll call vote: AYES: Hansen, Dwyer, Bohr, and Green NOES: None ABSENT: Carchio, Hardy, and Coerper ATTACHMENT NO. 1 FINDINGS FOR APPROVAL, NEGATIVE DECLARATION NO. 10-005/ ZONING TEXT AMENDMENT NO. 10-002/ZONING MAP AMENDMENT NO. 10-001/ LOCAL COASTAL, PROGRAM AMENDMENT NO. 10-001 FINDINGS FOR APPROVAL -NEGATIVE DECLARATION NO. 10-005: 1. The Negative Declaration No. 10-005 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA)Guidelines. It was advertised and available for a public comment period of 30 days. Comments received during the comment period were considered by the City Council prior to action on the Negative Declaration and General Plan Amendment No. 10- 002, Zoning Text Amendment No. 10-002,Zoning Map Amendment No. 10-001, Local Coastal Program Amendment No. 10-001 and Annexation No. 10-001. 2. There is no substantial evidence in light of the whole record before the City Council that the project will have a significant effect on the environment. The Annexation, General Plan Amendment, Zoning Map Amendment, Zoning Text Amendment and Local Coastal Program Amendment will not create any additional density or intensity of land use in the Sunset Beach area over that which is currently allowed by the County of Orange Sunset Beach Local Coastal Program/Specific Plan. The City of Huntington Beach already provides water to the area, as well as police and fire services through mutual aid agreements. After analyzing the potential impacts associated with the project, it has been determined that the project will not have a significant impact on the City's ability to provide services to the Sunset Beach area and the City as a whole. FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 10-002 and ZONING MAP AMENDMENT NO. 10-001: I. Zoning Map Amendment No. 10-001 amending District Map Nos. 21 and 35 to prezone an approximately 134 acre as Sunset Beach Specific Plan(Specific Plan 17)with a Coastal Zone Overlay and Zoning Text Amendment No. 10-002 to adopt the Sunset Beach Specific Plan are consistent with the objectives, policies, general land uses and programs specified in the General Plan because the Specific Plan provides for a cohesive development of residential, commercial and public uses consistent with the existing development pattern and standards, and compatible with adjacent uses in the vicinity. The Specific Plan is consistent with General Plan policies that require protection of beach and open space resources, encourage visitor serving and mixed uses, and provide for differentiation of the City's neighborhoods. As discussed in the Negative Declaration for the project, there will be appropriate infrastructure and services available to support the Sunset Beach area upon annexation. 2. In the case of general land use provisions,the Zoning Map Amendment and proposed Specific Plan are compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The standards of the proposed Sunset Beach Specific Plan are consistent with those that have governed the Sunset Beach area for over almost 30 years and have provided for 10/1 8/10 Attachment No. 1.1 development that is compatible with uses in the vicinity, which are residential, commercial, open space and recreation. 3. A community need is demonstrated for the change proposed. The Sunset Beach Specific Plan will provide standards that will be consistent with the Sunset Beach Specific Plan approved by the County of Orange and the California Coastal Commission. These standards ensure the preservation of numerous public uses such as the beach, waterway,park and public parking facility that serve the community of Sunset Beach and surrounding area. The prezoning will facilitate the annexation of the area to the City of Huntington Beach, which allows for more efficient delivery of municipal services to the area. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The Specific Plan provides for compatible land uses and continuation of the public use areas (beach, park, parking, waterway)to serve the community. The development standards will maintain the existing character of the community. Adequate infrastructure and services are available to serve the area. FINDINGS FOR APPROVAL - SPECIFIC PLAN NO. 17: 1. The Specific Plan is consistent with the adopted Land Use Element of the General Plan and with the certified Local Coastal Program Land Use Plan and other applicable policies and is compatible with existing and surrounding development. The Specific Plan carries forward the existing overall goals and policies of the existing County of Orange Local Coastal Program/Specific Plan for Sunset Beach including land uses, preservation of the beach and other public uses, coastal views and access. 2. The Specific Plan will enhance the potential for superior urban design in comparison with the development under the base district provisions that would apply if the Plan were not approved. The Specific Plan contains the development standards established by the County of Orange in recognition of the small lot sizes and unique development pattern of the Sunset Beach community that will ensure consistency with existing development. 3. Deviations from the base district provisions that otherwise would apply are justified by compensating benefits of the Specific Plan. The Specific Plan provides for cohesive development of the residential and commercial areas with many reduced standards compared with the Huntington Beach Zoning and Subdivision Ordinance. Compensating benefits include significant and well located public open space and scenic vistas of the Pacific Ocean. Approximately 55 percent of the area, excluding streets, is publicly owned and utilized. The Specific Plan provides for the continuation of 27 street-end public access points to the beach and a portion of the community is divided by a public channel. 4. The Specific Plan includes.adequate provisions for utilities, services, and emergency vehicle access; and public service demands will not exceed the capacity of existing and planned systems. As analyzed in Negative Declaration No. 10-005, the public service demands for the Specific Plan will not exceed the capacity of existing and planned systems, including the transfer of services from Orange County to the City of Huntington Beach after annexation. All public services, both before and after annexation, will be adequately met by existing resources including fire, police and emergency services. 10/18/10 Attachment No. 1.2 FINDINGS FOR APPROVAL—LOCAL COASTAL PROGRAM AMENDMENT NO. 10-001: 1. Local Coastal Program Amendment No. 10-001 amends the Huntington Beach Local Coastal Program to reflect the annexation of Sunset Beach to the City of Huntington Beach including the adoption of the Sunset Beach Specific Plan, amendment of the zoning map, and text and figure changes in the Land Use Plan. The amendments propose the same type of land uses for the Sunset Beach area as allowed by the County of Orange certified Local Coastal Program/Specific Plan for Sunset Beach, including high density residential, visitor serving commercial,public and open space. The amendments continue the community's commitment to coastal access and coastal recreational resources and are consistent with the City's General Plan. 2. The proposed change to the Local Coastal Program is in accordance with the policies, standards and provisions of the California Coastal Act relative to land use,public access,public recreation,public views and preservation of beaches. The Local Coastal Program Amendment promotes the City's Local Coastal Program goals and objectives by allowing a mix of uses, including 55 percent of the land designated for public use,visitor serving commercial and high density residential, while preserving 27 existing public access points to the beach and existing scenic vista points. The proposed Specific Plan improves on the existing certified County Local Coastal Program/Specific Plan by adding requirements for bicycle parking to be included in new development and a water quality section. 3. The project conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The Specific Plan preserves 27 existing public access points to the beach and existing scenic vista points. The main public beach, small beach at 1 Vh Street and Pacific Coast Highway, Sunset Channel and Sunset Greenbelt(linear park)/public parking facility remain designated for public use with appropriate policies and standards. No existing coastal access will be impacted. 10/18/10 Attachment No. 1.3 A C TION Monday, October 18, 2010 MAYOR AND CITY COUNCIL CITY COUNCIL, REDEVELOPMENT AGENCY CATHY GREEN and PUBLIC FINANCING AUTHORITY Mayor JILL HARDY GIL COERPER Councilmember CITY OF HUNTINGTON BEACH Mayor Pro Term KEITH BOHR DEVIN DWYER 909 2009 Councilmember Councilmember 4:00 PM - Study Session, Room B-8 , JOE CARCHIO DON HANSEN 6:00 PM - Regular Meeting Counciimember Councilmember Council Chambers - 2000 Main Street Huntington Beach, CA 92648 http://www.surfcity-hb.org 4:00 PM - ROOM B-8 CALL TO ORDER— 4:06 PM ROLL CALL - (Mayor Pro Tern .gill Hardy and Councilmember Gil Coerper have requested permission to be absent pursuant to Resolution No. 2001-54) Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen (Carchio, Coerper, Hardy absent) ANNOUNCEMENT OF LATE COMMUNICATION Joan L. Flynn announced one Late Communication: Notice of Absence from Councilmember Carchio PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) None STUDY SESSION 1. City Administrator and City staff to present project information on municipal solar power purchase agreement project RECESS TO CLOSED SESSION — 4:32 PM CLOSED SESSION 2. Pursuant to Government Code § 54956.9, the City Council shall recess into closed session to confer with the City Attorney regarding NextG Networks of California v. City of Huntington Beach, Orange County Superior Court Case No. 30-2009-00119646, and Related Case: Application of NextG Networks to Engage in Ground-disturbing Outside Plant Construction, California Public Utilities Commission Application No. 09-03-007, consolidated with City of Huntington Beach v. NextG, CPCU Case No. 08- 04-037, which involve NextG's project to locate its wireless telephone antennas in the public right-of-way. 3. Pursuant to Government Code § 54956.9, the City Council shall recess into closed session to confer with the City Attorney regarding Sunesys, LLC v. City of Huntington Beach,Orange County Superior Court Case No. 30- 2009-00323543, which involves Sunesys' project to construct a fiber optic communication network between the schools of the Fountain Valley School District. 4. Pursuant to Government Code Section 54957, the City Council shall recess to Closed Session to discuss the following personnel matter: City Administrator's Evaluation. 5. Pursuant to Government Code § 54956.9, the City Council shall recess into closed session to confer with the City Attorney regarding Coffin v. City of Huntington Beach, Orange County Superior Court Case No. 30-2009 00296302, which involves allegations of retaliation and discrimination by a female life guard. 6. Pursuant to Government Code Section 54957.6, the City Council shall recess to Closed Session to meet with its designated labor negotiators: Fred Wilson, City Administrator; Paul Emery, Deputy City Administrator; Bob Hall, Deputy City Administrator; Michele Carr, Director of Human Resources; and Bob Wingenroth, Director of Finance, regarding labor negotiations with MEA. 6:00 PM — COUNCIL CHAMBERS RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY MEETING — 6:00 PM CLOSED SESSION REPORT BY CITY ATTORNEY None ROLL CALL - (Mayor Pro Tern Jill Hardy and Councilmember Gil Coerper have requested permission to be absent pursuant to Resolution No. 2001-54) Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen -2- (Carchio, Coerper, Hardy absent). PLEDGE OF ALLEGIANCE - To be announced by Mayor Green INVOCATION - To be announced by Mayor Green In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. ANNOUNCEMENT OF LATE COMMUNICATION City Clerk Joan L. Flynn announced Late Communications: Notice of Absence from Councilmember Carchio, #11, #13 AWARDS AND PRESENTATIONS Presentation - Mayor Green to call on Kenneth Inouye from the Orange County Human Relations Commission to present the annual report Presentation - Mayor Green to call on City Treasurer Shari Freidenrich to accept a proclamation for Financial Planning Day, October 23, 2010 Presentation - Mayor Green to call on Jacquie Bethel from the Huntington Beach Assistance League to accept a proclamation for their 60 years of dedicated service to the community Mayor's Award - Mayor Green to call on Police Chief Ken Small to present the Mayor's Award to Detective Art Preece PUBLIC COMMENTS (3 Minute Time Limit) 9 Speakers COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING Councilmember Dwyer reported. CITY ADMINISTRATOR'S REPORT City Administrator Fred Wilson reported on earthquake drill October 21, 2010 at 10:21 a.m. CITY TREASURER'S REPORT 1. Review and Accept City Treasurer's August 2010 Investment Summary Report Recommended Action: -3- Review and accept the Monthly Investment Report. Following review of the report by motion of Council, accept the Monthly Investment Report for August 2010, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Approved 4-0-3 (Carchio, Coerper, Hardy absent) CONSENT CALENDAR 2. Approve and adopt minutes Recommended Action: Approve and adopt the minutes of the City Council/Redevelopment Agency/Public Financing Authority regular meeting of September 20, 2010, and the City Council/Redevelopment Agency/Public Financing Authority regular meeting or October 4, 2010. as written and on file in the Office of the City Clerk. Approved 4-0-3 (Carchio, Coerper, Hardy absent) 3. City of Huntington Beach Strategic Objectives Update Recommended Action: Receive and file the updated status of the Six-Month Strategic Objectives. Approved 4-0-3 (Carchio, Coerper, Hardy absent) 4. Approve and accept $15,000 of grant funding from the Fireman's Fund Insurance Company Heritage Grant Program and a matching donation of. $15,000 by the Robert Mayer Corporation for purchase of self-contained breathing apparatus (SCBA) Recommended Action: A) Approve and authorize city staff to accept and expend the Fireman's Fund Insurance Company Heritage Grant award.of$15,000; and, B) Approve and authorize city staff to accept and expend the $15,000 donation from Robert Mayer Corporation. Approved 4-0-3 (Carchio, Coerper, Hardy absent) 5. Adopt Resolution No. 2010-77 ordering the summary vacation of the excess highway slope easement located east of Newland Street and north of Edison Way Recommended Action: A) Adopt Resolution No. 2010-77., "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of the Excess Highway Slope Easement East of Newland Street, North of Edison Way;" and, B) Direct the City Clerk to record the Resolution and attached exhibits with the Orange County Recorder. Approved 4-0-3 (Carchio, Coerper, Hardy absent) -4- 6. Approve the appointment of Robert Schwenk to the Citizen Participation Advisory Board (CPAB) for a four year term ending September 30, 2014, and the reappointments of Peter Andres, Rick Campbell, Bill Correia, and Andy Ruiz for an additional four year term that ends September 30, 2014, as recommended by Council Liaisons, Mayor Cathy Green and Councilmembers Gil Coerper and Joe Carchio Recommended Action: A) Approve the appointment of Robert Schwenk to the CPAB for a four year term that expires September 30, 2014; and, B) Approve the re-appointment of Peter Andres, Rick Campbell, Bill Correia, and Andy Ruiz to the CPAB for an additional four year term that expires September 30, 2014. Approved 4-0-3 (Carchio, Coerper, Hardy absent) 7. Adopt Resolution No. 2010-76 authorizing certain City officials to execute applications and related documents for Emergency Management and Homeland Security Grants Recommended Action: Adopt Resolution No. 2010 76, "A Resolution of the City Council of the City of Huntington Beach Authorizing Certain City Officials to Execute Grant Applications and Documents." Approved 4-0-3 (Carchio, Coerper, Hardy absent) 8. Approve, authorize execution and a 2-year extension of Amendment#2 to the contract between the City and the Ferguson Group, LLC for professional services related to the acquisition of Federal funds for priority projects within the City and related legislative issues Recommended Action: A) Approve waiving Municipal Code Section 3.03.120, prohibiting the extension of an agreement beyond three years; and, B) Authorize the Mayor and City Clerk to execute "Amendment #2 to Agreement Between the City of Huntington Beach and the Ferguson Group, LLC" for a two year period. Approved 4-0-3 (Carchio, Coerper, Hardy absent) 9. Approve and authorize execution of Amendment No. 1 to Lease Agreement between the City and Vista Beach/Slater Center for Oakview Police Substation located at 17473 Beach Blvd. Recommended Action: A) Approve "Amendment No. 1 to Lease Agreement Between the City of Huntington Beach and Vista Beach/Slater Center" for Police Department use of -5- real property located at 17473 Beach Blvd for the Oakview Substation; and, B) Authorize execution of the lease agreement by the Mayor and City Clerk. Approved 4-0-3 (Carchio, Coerper, Hardy absent) 10. Approve the Fourth Implementation Agreement to the Amended and Restated Disposition and Development Agreement (DDA) with Mayer Financial, L.P. as it relates to the third hotel at the Waterfront master planned development, providing an additional six (6) months to convey the Agency land Redevelopment Agency Recommended Action: A) Approve the "Fourth Implementation Agreement to Amended and Restated Disposition and Development Agreement;" and, B) Authorize the Chairperson and Agency Clerk to sign all related documents. Approved 4-0-3 (Carchio, Coerper, Hardy absent) PUBLIC HEARING 11. Adopt Resolution No. 2010-78 ordering the vacation of the frontage road along the southeast corner of Beach Boulevard and Atlanta Avenue Recommended Action: A) Adopt Resolution No. 2010-78, "A Resolution of the City Council of the City of Huntington Beach Ordering the Vacation of the Public Frontage Road at the Southeast Corner of Beach and Atlanta;" and, B) Direct the City Clerk to record Resolution No. 2010-78 and attached exhibits with the Orange County Recorder. City Clerk Joan L. Flynn announced one Late Communication 1 Speaker Approved 4-0-3 (Carchio, Coerper, Hardy absent) 12. Adopt Resolution No. 2010-80 creating a new fee for the Beach and Edinger Corridors Specific Plan, Mobile Vendor Permits and Newsrack Removal (Supplemental Development Fee Resolution No. 5) Recommended Action: Adopt Resolution No. 2010-80, "A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 2009-32 and Establishing New Development Fees For Various Services Provided by the Planning and Building Department (Supplemental Development Fee Resolution No. 5). Approved 4-0-3 (Carchio, Coerper, Hardy absent) 13. Approve Negative Declaration No. 10-005, adopt Resolution No. 2010-73 for General Plan Amendment (GPA) No. 10-002, adopt Resolution No. 2010-74 for Zoning Text Amendment (ZTA) No. 10-002, approve for -6- introduction Ordinance No. 3901 for Zoning Map Amendment(ZMA) No. 10-001, adopt Resolution No. 2010-75 for Local Coastal Program Amendment (LCPA) No. 10-001 and recommend approval of Annexation No. 10-001 to the Local Agency Formation Commission (LAFCO) for the Sunset Beach Annexation and Specific Plan. Planning Commission and Staff Recommended Action A) Approve Negative Declaration No. 10-005 with findings for approval; and, B) Approve General Plan Amendment No. 10-002 and adopt Resolution No. 2010-73, "A Resolution of the City Council of the City of Huntington Beach approving General Plan Amendment No. 10-002"; and, C) Approve Zoning Text Amendment No. 10-002 with findings for approval and adopt Resolution No. 2010-74, "A Resolution of the City Council of the City of Huntington Beach Adopting Zoning Text Amendment No. 10-002 by Creating the Sunset Beach Specific Plan (SP 17)"; and, Approved as amended: Sunset Beach Specific Plan (3.3.1 C-7) staff to provide amortization schedule to have all short-term vacation rentals file CUP by twelve months after Coastal Commission approval. D) Approve Zoning Map Amendment No. 10-001 with findings for approval and approve for introduction Ordinance No. 3901, "An Ordinance of the City of Huntington Beach Amending District Maps 21 and 35 (Sectional Maps 19-5-11 and 30-5-11) for the Huntington Beach Zoning and Subdivision Ordinance to Prezone the Sunset Beach Area Located in the County of Orange to the Sunset Beach Specific Plan with Coastal Zone Overlay (SP 17-CZ) (Zoning Map Amendment No. 10-001)"; and, E) Approve Local Coastal Program Amendment No. 10-001 with findings for approval and adopt Resolution No. 2010-75, "A Resolution of the City Council of the City of Huntington Beach, Adopting Local Coastal Program Amendment No. 10-001 to Amend the Local Coastal Program Land Use Plan and Implementing Ordinances for the Real Property Generally Located Between Warner Avenue and Anderson Street on Either Side of Pacific Coast Highway and to Reflect Zoning Text Amendment No. 10-002 and Zoning Map Amendment No. 10-001 and Requesting Certification by the California Coastal Commission"; and, F) Recommend approval of Annexation No. 10-001 to the Local Agency Formation Commission. City Clerk Joan L. Flynn announced four Late Communications 7 Speakers Approved 4-0-3 (Carchio, Coerper, Hardy absent) ITEMS 14 AND 15 WILL BE HEARD CONCURRENTLY 14. Adopt Resolution No. 2010-71 approving the issuance of tax-exempt bonds by the California Statewide Communities Development Authority -7- (CSCDA) to finance the construction of a solar energy facilities located at Civic Center, Central Library and City Yard constructed by SunEdison, LLC Recommended Action: Adopt Resolution No. 2010-71, "A Resolution of the City Council of the City of Huntington Beach Approving the Issuance by the California Statewide Communities Development Authority of Recovery Zone Facility Revenue Bonds for the SunEdison California Portfolio" in an aggregate principal amount not to exceed $6.5 million. Approved 4-0-3 (Carchio, Coerper, Hardy absent) 15. Approve and authorize execution of a Solar Power and Services Agreement and associated Special Conditions and Site License agreements with SunEdison LLC to construct solar canopies in the parking lots of Civic Center, Central Library, and the City Yard Recommended Action: A) Approve and authorize the City Administrator to execute General Terms and Conditions of a Solar Power & Services Agreement and associated Solar Power Services and Site License Agreements for Civic Center, Central Library and City Yard sites that are substantially in the form as attached hereto, any non- substantial changes can be agreed to by the City Administrator and City Attorney; and, B) Authorize City Administrator to execute any subsequent documents necessary to advance, manage, and complete the project. 1 Speaker Approved 4-0-3 (Carchio, Coerper, Hardy absent) 16. Approve for introduction Ordinance No. 3902 amending Huntington Beach Municipal Code (HBMC) section 8.43 relating to emergency response costs; Adopt Resolution No. 2010-72 revising the previously adopted Fee Resolution No. 2010-57 to delete all references to motor vehicle related activities and charges for non-residents that use the City°s response system Recommended Action: A) After the City Clerk reads by title approve for introduction Ordinance No. 3902, "An Ordinance of the City of Huntington Beach Amending Section 8.43.030 of the Huntington Beach Municipal Code Relating to Emergency Response Costs;" and, B) After conducting a public hearing adopt Resolution No. 2010-72, "A Resolution of the City Council of the City of Huntington Beach Setting the Cost of Emergency Response for Hazardous Materials, Including Pipeline and Power Line Incidents, Rates to be Charged by the Fire Department of the City of Huntington Beach" - revising Fee Resolution 2010-57. No action taken, motion to continue to 11/1/10 Council meeting Approved 4-0-3 (Carchio, Coerper, Hardy absent) -8- ORDINANCES FOR INTRODUCTION 17. Approve for Introduction Ordinance Nos. 3892-3899 adopting the 2010 California Building and Safety Codes, and set November 15, 2010 as the Public Hearing date Recommended Action: A) After the City Clerk reads by title, approve for introduction Ordinance No. 3892, "An Ordinance of the City of Huntington Beach Amending Chapter 17.04 of the Huntington Beach Municipal Code Relating to the Building Code;" and, B) After the City Clerk reads by title, approve for introduction Ordinance No. 3893, "An Ordinance of the City of Huntington Beach Adding Chapter 17.06 to the Huntington Beach Municipal Code Relating to the Green Building Standards Code;" and, C) After the City Clerk reads by title, approve for introduction Ordinance No. 3894, "An Ordinance of the City of Huntington Beach Adding Chapter 17.07 to the Huntington Beach Municipal Code Relating to the Residential Code;" and, D) After the City Clerk reads by title, approve for introduction Ordinance No. 3895, "An Ordinance of the City of Huntington Beach Amending Chapter 17.40 of the Huntington Beach Municipal Code Relating to the Mechanical Code;" and, E) After the City Clerk reads by title, approve for introduction Ordinance No. 3896, "An Ordinance of the City of Huntington Beach Amending Chapter 17.44 of the Huntington Beach Municipal Code Relating to the Plumbing Code;" and, F) After the City Clerk reads by title, approve for introduction Ordinance No. 3897, "An Ordinance of the City of Huntington Beach Amending Chapter 17.48 of the Huntington Beach Municipal Code Relating to the Electrical Code;" and, G) After the City Clerk reads by title, approve for introduction Ordinance No. 3898, "An Ordinance of the City of Huntington Beach Amending Chapter 17.46 of the Huntington Beach Municipal Code Relating to the Uniform Swimming Pool, Spa and Hot Tub Code;" and, H) After the City Clerk reads by title, approve for introduction Ordinance No. 3899, "An Ordinance of the City of Huntington Beach Amending Chapter 17.60 of the Huntington Beach Municipal Code Relating to the Solar Energy Code;" and, 1) Direct that a Public Hearing be set on November 15, 2010 for the adoption of Ordinance Nos. 3892 — 3899. Approved 4-0-3 (Carchio, Coerper, Hardy absent) -9- COUNCILMEMBER ITEMS 18. Submitted by Councilmember Joe Carchio - Direct staff in the Police Department and City Attorney's office to study the issue of adopting a more restrictive local ordinance allowing police officers to enforce the 2,000 ft. residency restriction for any registered sex offender Recommended Action: Direct staff in the Police Department and City Attorney's office to study the issue of adopting a more restrictive local ordinance that would allow police officers to enforce the residency restrictions outlined in Jessica's Law. Their findings and recommendations should then be reported back to the City Council. No action taken, motion to continue to 11/1/10 Council meeting. Approved 4-0-3 (Carchio, Coerper, Hardy absent) COUNCILMEMBER COMMENTS (Not Agendized) Mayor Green, Councilmember Bohr, Councilmember Dwyer reported. ADJOURNMENT— 8:30 PM Adjournment to Monday, November 01, 2010, at 4:00 PM in Room B-8, Civic Center, 2000 Maim Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.surfcityr hb.or_q -10- o 0 Council/Agency Meeting Held:(' a? D /d Deferred/Continued to: Apr ed Co di ion Ily A ro ed D Hied City Cler ' qg ture l Council Meeting Date: October 18, 2010 Department ID Number: PL10-27 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Scott Hess, AICP, Director of Planning and Building SUBJECT: Approve Negative Declaration No. 10-005, adopt Resolution No. 2010- 73 for General Plan Amendment (GPA) No. 10-002, adopt Resolution No. 2010-74 for Zoning Text Amendment (ZTA) No. 10-002, approve for introduction Ordinance No. 3901 for Zoning Map Amendment (ZMA) No. 10-001, adopt Resolution No. 2010-75 for Local Coastal Program Amendment (LCPA) No. 10-001 and recommend approval of Annexation No. 10-001 to the Local Agency Formation Commission (LAFCO) for the Sunset Beach Annexation and Specific Plan. Statement of Issue: Transmitted for City Council consideration is Negative Declaration No, 10-005, General Plan Amendment No. 10-002, Zoning Text Amendment No. 10-002, Zoning Map Amendment No. 10-001, Local Coastal Program Amendment No. 10-001 and Annexation No. 10-001 that facilitate the annexation of the approximately 134 acre unincorporated area of Sunset Beach to the City of Huntington Beach. The requested entitlements establish City General Plan, Local Coastal Program and zoning designations, including adoption of a Specific Plan with development standards, that would apply to Sunset Beach if it is annexed to the City of Huntington Beach. Financials Impact: None Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: Motion to: A. Approve Negative Declaration No. 10-005 with findings for approval (Attachment No. 1); and, B. Approve General Plan Amendment No. 10-002 and adopt Resolution No. 2010-73, "A Resolution of the City Council of the City of Huntington Beach approving General Plan Amendment No. 10-002" (Attachment No. 2); and, -143- Item 13. ® Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PL10-27 C. Approve Zoning Text Amendment No. 10-002 with findings for approval (Attachment No. 1) and adopt Resolution No. 2010-74, "A Resolution of the City Council of the City of Huntington Beach Adopting Zoning Text Amendment No. 10-002 by Creating the Sunset Beach Specific Plan (SP 17)" (Attachment No. 3); and, D. Approve Zoning Map Amendment No. 10-001 with findings for approval (Attachment No. 1) and approve for introduction Ordinance No. 3901, "An Ordinance of the City of Huntington Beach Amending District Maps 21 and 35 (Sectional Maps 19-5-11 and 30- 5-11) for the Huntington Beach Zoning and Subdivision Ordinance to Prezone the Sunset Beach Area Located in the County of Orange to the Sunset Bach Specific Plan with Coastal Zone Overlay (SP 17-CZ) (Zoning Map Amendment No. 10-001)" (Attachment No. 4); and, E. Approve Local Coastal Program Amendment No. 10-001 with findings for approval (Attachment No. 1) and adopt Resolution No. 2010-75, "A Resolution of the City Council of the City of Huntington Beach, Adopting Local Coastal Program Amendment No. 10- 001 to Amend the Local Coastal Program Land Use Plan and Implementing Ordinances for the Real Property Generally Located Between Warner Avenue and Anderson Street on Either Side of Pacific Coast Highway and to Reflect Zoning Text Amendment No. 10- 002 and Zoning Map Amendment No. 10-001 and Requesting Certification by the California Coastal Commission" (Attachment No. 5); and, F. Recommend approval of Annexation No. 10-001 to the Local Agency Formation Commission. Planning Commission Action, September 28, 2010 MOTION MADE BY SCANDURA, SECONDED BY LIVENGOOD, TO APPROVE NEGATIVE DECLARATION NO. 10-005 WITH FINDINGS AND FORWARD TO CITY COUNCIL FOR ADOPTION CARRIED BY THE FOLLOWING VOTE: AYES: SPEAKER, MANTINI, FARLEY, SHIER-BURNETT, SCANDURA, LIVENGOOD, DELGLEIZE NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION MADE BY SCANDURA, SECONDED BY SPEAKER, TO APPROVE GENERAL PLAN AMENDMENT NO. 10-002 BY APPROVING DRAFT RESOLUTION AND FORWARD TO CITY COUNCIL FOR ADOPTION CARRIED BY THE FOLLOWING VOTE: AYES: SPEAKER, MANTINI, FARLEY, SHIER-BURNETT, SCANDURA, LIVENGOOD, DELGLEIZE NOES: NONE ABSENT: NONE ABSTAIN: NONE Item 13. a Page 2 -144- REQUEST FOR COUNCIL ACTION MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PL10-27 MOTION MADE BY SCANDURA, SECONDED BY SHIER-BURNETT, TO APPROVE ZONING TEXT AMENDMENT NO. 10-002 WITH MODIFICATIONS AND FINDINGS FOR APPROVAL BY APPROVING DRAFT RESOLUTION AND FORWARD TO CITY COUNCIL FOR ADOPTION CARRIED BY THE FOLLOWING VOTE: AYES: SPEAKER, MANTINI, FARLEY, SHIER-BURNETT, SCANDURA, LIVENGOOD, DELGLEIZE NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION MADE BY SCANDURA, SECONDED BY DELGLEIZE, TO APPROVE ZONING MAP AMENDMENT NO._ 10-001 WITH FINDINGS FOR APPROVAL BY APPROVING DRAFT ORDINANCE AND FORWARD TO CITY COUNCIL FOR ADOPTION CARRIED BY THE FOLLOWING VOTE: AYES: SPEAKER, MANTINI, FARLEY, SHIER-BURNETT, SCANDURA, LIVENGOOD, DELGLEIZE NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION MADE BY SCANDURA, SECONDED BY DELGLEIZE, TO APPROVE LOCAL COASTAL PROGRAM AMENDMENT NO. 10-001 WITH FINDINGS FOR APPROVAL BY APPROVING DRAFT RESOLUTION- AND FORWARD TO CITY COUNCIL FOR ADOPTION CARRIED BY THE FOLLOWING VOTE: AYES: SPEAKER, MANTINI, FARLEY, SHIER-BURNETT, SCANDURA, LIVENGOOD, DELGLEIZE NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION MADE BY SCANDURA, SECONDED BY DELGLEIZE, TO APPROVE ANNEXATION NO. 10-001 AS A MINUTE ACTION AND FORWARD RECOMMENDATION TO CITY COUNCIL CARRIED BY THE FOLLOWING VOTE: AYES: SPEAKER, MANTINI, SHIER-BURNETT, SCANDURA, LIVENGOOD, DELGLEIZE NOES: FARLEY ABSENT: NONE ABSTAIN: NONE Alternative Action(s): 1. "Continue Negative Declaration No. 10-005, General Plan Amendment No. 10-002, Zoning Text Amendment No. 10-002, Zoning Map Amendment No. 10-001, Local Coastal Program Amendment No. 10-001 and Annexation No. 10-001 and direct staff accordingly." -145- Item 13. - Page 3 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PL10-27 2. Deny Negative Declaration No. 10-005, General Plan Amendment No. 10-002, Zoning Text Amendment No. 10-002, Zoning Map Amendment No. 10-001, Local Coastal Program Amendment No. 10-001 and Annexation No. 10-001 with findings for denial." Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, 2000 Main St., Huntington Beach, CA 92648 Property Owner: Various; there are 497 parcels in Sunset Beach and 441 property owners based on available information from the County of Orange. Location: Unincorporated Sunset Beach, located between Warner Avenue and Anderson Street on either side of Pacific Coast Highway, including the beach area Annexation No. 10-001 is a City-initiated proposal to annex the approximately 134 acre unincorporated Sunset Beach community to the City of Huntington Beach. The property is currently located within the jurisdiction of the County of Orange. General Plan Amendment No. 10-002 represents a request for the following (Attachment No. 2): A. Amend the General Plan Land Use Map (Figure LU-5) to establish General Plan land use designations for the Sunset Beach area as follows - approximately 22.3 acres for Residential High Density-30, 9.2 acres for Visitor Serving Commercial-Mixed Use Overlay, 13.0 acres for Public, 3.4 acres for Open Space-Water Recreation and 57.7 acres for Open Space-Shoreline. The remainder of the area is right-of-way. The entire area would also have a Specific Plan Overlay. The proposed City of Huntington Beach General Plan land use designations mirror those of the existing County of Orange Land Use Plan for Sunset Beach. B. Designate the Sunset Beach area as Subarea 4L on the Community District and Subarea Schedule (Figure LU-6 and Table LU-4) C. Amend Table LU-3 to add a reference to "specific plans"for the Mixed Use Overlay. D. Update figures to reflect the change in the City's boundary E. Make minor wording changes to the Utility Element F. Update the Recreation and Community Services Element to reflect updated recreational amenity information. Zoning Text Amendment No. 10-002 represents a request to create the Sunset Beach Specific Plan (Specific Plan 17) that will provide development standards for the Specific Plan area pursuant to Chapter 215 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO). The Sunset Beach area is currently governed by a County of Orange Sunset Beach Specific Plan. The proposed City of Huntington Beach Specific Plan proposes to maintain the intent of the existing Specific Plan in terms of land use plan, districts and regulations (Attachment No. 3). Zoning Map Amendment No. 10-001 represents a request to amend the City of Huntington Beach Zoning Map to pre-zone the Sunset Beach area with the Sunset Beach Specific Plan Item 13. ® Page 4 -146- REQUEST FOR COUNCIL ACTION MEETING DATE: 1 011 8/201 0 DEPARTMENT ID NUMBER: PL10-27 and a Coastal Zone Overlay pursuant to Chapter 247 of the ZSO. Pre-zoning is required for annexation to be approved (Attachment No. 4). Local Coastal Program Amendment No. 10-001 represents a request for the following (Attachment No. 5), pursuant to Chapter 247 of the ZSO: A. Amend the City of Huntington Beach Local Coastal Program Land Use Plan to: 1) amend the certified Land Use Plan (Figure C-5) to establish City Land Use Designations for the Sunset Beach area consistent with the General Plan Land Use Designations described above, including designating it as Subarea 4L on the Community District and Subarea Schedule (Figure C-10 and Table C-2); 2) amend Land Use Plan Table C-1 to add a reference to "specific plans" for the Mixed Use Overlay; and 3) amend various text sections of the Land Use Plan to include descriptions of the Sunset Beach area and update the figures to reflect the change in City boundary. B. Amend the Implementation Plan to reflect the Zoning Map Amendment and Zoning Text Amendment described above. Draft Negative Declaration No. 10-005 analyzes the potential environmental impacts associated with the General Plan Amendment, Zoning Text Amendment, Zoning Map Amendment, Local Coastal Program Amendment and annexation of Sunset Beach (Attachment No. 8). The proposed entitlements establish City of Huntington Beach General Plan, Local Coastal Program and zoning designations for Sunset Beach if it is annexed to the City of Huntington Beach. Due to the unique character and built out nature of the community, a specific plan is proposed to best carry forward the community-established goals for the area. The Sunset Beach area is currently regulated by a County of Orange specific plan. City staff has annotated the County's specific plan to indicate which sections of that specific plan have been carried forward into the City's proposed document and where they are located in the document (Attachment No. 6). The proposed entitlements do not propose or require any development activity. They are necessary for the City to annex Sunset Beach, which the City believes will result in a more efficient provision of municipal services and not have a negative fiscal impact on the City. The Local Coastal Program Amendment is subject to review and approval by the California Coastal Commission, which approval must occur in order for the proposed zoning and land use designations to be in effect from a regulatory perspective. B. BACKGROUND: The County of Orange approved the Sunset Beach Specific Plan/Local Coastal Program in 1981, and it was certified by the California Coastal Commission in 1983. The County of Orange approved an Addendum to the Sunset Beach Specific Plan/Local Coastal Program in 1990, which was certified by the California Coastal Commission in 1991. In 2009, the Orange County Local Agency Formation Commission (LAFCO) placed the unincorporated Sunset Beach area in the City of Huntington Beach's Sphere of Influence thereby allowing for potential annexation of the area to the City. In 2009 and 2010, City representatives attended Sunset Beach Community Association meetings regarding possible annexation. On August 2, 2010, the City Council directed staff -147- Item 13. ® Page 5 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PL10-27 to proceed with the annexation process and associated entitlements and established a Sunset Beach Area Council Committee (SBACC). The SBACC held its first meeting on August 25t". The SBACC held its second meeting on September 14t" and began discussion on a list of items that the Sunset Beach Community Association would like to be included as part of the annexation agreement and/or adopted by the City Council (Attachment No. 11). Items 1, 4, 5, 6, 7, 10, 13, and -14 are addressed all or in part in the proposed project entitlements. Sunset Beach representatives, City Council Committee members and staff are continuing discussions on all of the items. Prior to the Planning Commission public hearing, discussed below, three Planning Commission study sessions were held in 2010. On August 10t", the overall project was introduced; on August 24t", the proposed Specific Plan was reviewed; on September 14t" the draft Negative Declaration was reviewed. The Study Session Reports include a detailed review of the draft Specific Plan and other project components. A courtesy notice for the entire study session schedule, as well as the overall project schedule, was sent to all Post Office Box holders at the Sunset Beach Post Office and to property owners in Sunset Beach as well as interested parties, and was posted at the Sunset Beach Post Office bulletin board. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: The Planning Commission held a public hearing on September 28, 2010 for the proposed project. Six people spoke during the public hearing. Three of the speakers spoke against the project, citing concerns with the City's financial ability to adequately serve Sunset Beach as well as the City of Huntington Beach. Letters were read by two of the speakers and are provided in Attachment No. 13. Particular concerns were raised regarding the ability of the Police Department to provide adequate service. Two of the speakers stated that the Negative Declaration was not adequate in its analysis of the City's ability to provide services and should not be approved; one of these speakers stated that a comprehensive financial analysis had not been done but should be completed The speakers indicated that there were errors in the report attachments, specifically referencing the Annexation Feasibility Study reviewed and approved by the City Council on August 2, 2010, as well as attachments for the General Plan Amendment and Local Coastal Program Amendment, which are addressed in the analysis section of this report. A fourth speaker expressed concern regarding the dilution of power and suggested that consideration be given to having an extra City Councilmember to represent Sunset Beach. A member of the Sunset Beach Community Association Transition Committee spoke in support of the project and recommended approval. The final speaker address three points: closure of the beach at night, the ability to maintain the artificial berm on the beach parallel to the homes along South Pacific Avenue and ownership of the beach. Discussion ensued with the Planning Commission and staff. The Police Department representative responded to questions from the Planning Commission regarding how Sunset Beach would be served and the statistics in the staff report that were called into question during the public hearing. The Commission inquired as to beach closure procedures. Staff responded that Marine Safety and the Police Department provide this service in the City and would continue to do so for Sunset Beach. Staff also noted that there is an existing County contract for beach operation that would continue. The Commission inquired as to whether ownership or easement of the beach was significant; staff indicated that it did not affect the land use entitlements. The Commission asked if trash or sewer service would be affected by Item 13. - Page 6 -148- REQUEST FOR COUNCIL ACTION - MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PE10-27 the annexation in response to pubic hearing comments. Staff indicated that there were no proposed changes to these services. The Planning Commission took action to recommend approval of the proposed project to the City Council. D. STAFF ANALYSIS This section reviews the proposed annexation in the context of the City's General Plan, the amendments to the General Plan and Local Coastal Program, the proposed Specific Plan, and the environmental impacts associated with the proposed project. Annexation The City's General Plan requires the preparation of an Annexation Feasibility Study to determine whether a proposed annexation is compatible with City land uses, has the ability to provide economic benefit to the City and whether the proposed annexation would place an undue or excessive burden on the City and/or School. Districts' ability to provide public services for the site. The City prepared such a study (Attachment No. 10) to analyze whether annexation of the Sunset Beach area would create a financial burden on the City. The report determined that annexation would result in revenues that will exceed expenditures for the City and that the proposed annexation would not place an undue or excessive burden for the provision of services. This study was reviewed by the City Council on August 2, 2010 after having been peer-reviewed by LAFCO. The Specific Plan area is presently served by the Huntington Beach Union High School and the Ocean View School District both of which will continue to serve the site after annexation. The potential impacts on the provision of public services including City Fire and Police Departments' services were analyzed within Negative Declaration No. 10-005. The environmental document concludes that the site would be adequately served by existing resources within both departments and is discussed in greater detail below. The City already provides water to Sunset Beach; local sewer service is provided by the Sunset Beach Sanitary District. Service delivery for both water and sewer will not change with the annexation. The proposed project is compatible with surrounding land uses. The proposed Specific Plan allows for residential, commercial, and recreational/open space uses consistent with existing development in and adjacent to Sunset Beach and, as such, results in compatible land uses. The proposed Sunset Beach Specific Plan is consistent with the Orange County Local Coastal Program/Specific Plan for Sunset Beach. No change in use is proposed for any property in the annexation area. General Plan Amendment The project includes amendments to the Land Use Element, Recreation and Community Services Element and Utilities Element of the General Plan as described in the Project Proposal section of this report. The proposed amendments are consistent with the City's General Plan. The Planning Commission staff report (Attachment No. 12) provides an analysis of how the proposed project is consistent with the City's General Plan goals, objectives and policies. -149- Item 13. a Page 7 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PL10-27 The changes to the Land Use Element provide City land use designations for Sunset Beach consistent with the established land uses in the area, and the newly created Sub-area designation is in recognition of the proposed Specific Plan for the area. The Recreation and Community Services Element is being updated to incorporate facilities/resources in Sunset Beach as well as update the inventory citywide to reflect corrected acreage information and new parks that have been constructed since the General Plan was updated in 1996. In response to comments at the Planning Commission public hearing, staff has further modified text in this Element to clarify that fire rings are not present on the beach in Sunset Beach and that the paved bike trail that extends the length of the shoreline terminates at Warner Avenue, i.e. does not extend into Sunset Beach. It should be noted that the City's proposed Specific Plan for Sunset Beach does not allow these types of facilities/improvements on the beach in Sunset Beach. The Utilities Element is being updated to add reference to the Sunset Beach Sanitary District, an independent district providing local sewer service to Sunset Beach. Concerns were expressed by a speaker at the Planning Commission public hearing regarding the City's ability to provide water to Sunset Beach based on water storage information, etc. on the two pages of the Utilities Element that are proposed for amendment. The information in question was prepared with the 1996 General Plan Update and, although there have been numerous infrastructure and water storage improvements as well as Master Plan updates since then, the City has not done an update of the Utilities Element. This would typically be done with a comprehensive update of the General Plan. The General Plan Implementation Programs identify Master Plans (Storm Drain, Water, Sewer) that are to be updated more regularly than a General Plan would be. In terms of the City's Water Master Plan, it is updated every five years (twice since 1996) and the City has been implementing improvements as identified in the Master Plan. The City has provided water to Sunset Beach since the mid-1960s and will continue to adequately do so upon annexation. Local Coastal Program Amendment The project includes a request to amend the City's Local Coastal Program to include the Sunset Beach area in its Local Coastal Program and to incorporate the other components of this project, e.g. rezoning and Specific Plan adoption. The changes to the Land Use Plan provide City land use designations for Sunset Beach consistent with the established land uses in the area. The text changes to the City's Coastal Element add discussion regarding Sunset Beach so that it is integrated into the City's Land Use Plan and include updated tables and text. The Planning Commission staff report (Attachment No. 12) provides an analysis of how the proposed project is consistent with the City's Local Coastal Program goals, objectives and policies. Similar to the discussion above on the General Plan Amendment, in response to comments at the Planning Commission public hearing, staff has further modified text in the Local Coastal Program Land Use Plan (Coastal Element) to clarify that fire rings are not present on the beach in Sunset Beach and that the paved bike trail that extends the length of the shoreline terminates at Warner Avenue, i.e. does not extend into Sunset Beach. Specific Plan On August 10th the City distributed its draft Specific Plan for Sunset Beach. To prepare the draft, staff completed a detailed evaluation of the County's existing Specific Plan. The City Item 13. - Page 8 -ISO- REQUEST FOR COUNCIL ACTION MEETING ®ATE: 10/18/2010 DEPARTMENT I® NUMBER: PL10-27 distributed an annotated copy of the County's Specific Plan providing references to the August 10th draft at this time (Attachment No. 6). These documents were reviewed at a Planning Commission Study Session on August 24th. In response to community input and as a result of final data gathering, staff produced a legislative September draft (showing changes since August) that was considered at the Planning Commission public hearing. After distribution of that staff report but prior to the hearing, additional changes and corrections were requested by the community. These were presented as late communications at the September 28th Planning Commission hearing (included with the Planning Commission report, Attachment No. 12). In approving the draft Specific Plan, the Planning Commission made one other change pertaining to the purview of the Sunset Beach LCP Review Board to review special event permit requests. All changes to the September draft approved by the Planning Commission have been incorporated into the current draft, dated October 2010. The October 2010 draft shows additional changes and- corrections since the September 28th Planning Commission hearing. Overview The City's proposed Specific Plan includes the policies/guidelines that are necessary to maintain the Sunset Beach character in recognition of the fact that the area is nearly built out and has been developed and operating under the guidance of a consistent set of policies/guidelines for over two decades. The City's proposed Specific Plan mirrors the County's Specific Plan in terms of the land use designation pattern. The City's proposed Specific Plan carries forward the County's guidelines for preservation and maintenance of the existing scenic vista points, the artificial dune, the 27 existing public access points to the beach, public use of the waterway (Sunset Channel), 11th Street beach and the greenbelt/linear park and public parking facility. These guidelines are specific to the circumstances in Sunset Beach and are necessary to recognize and continue these facilities. The Specific Plan is consistent with the City's General Plan and Local Coastal Program; however, the Specific Plan contains some provisions that take a different approach than existing City policies, as summarized below. ® Guideline 2.2.1.iii addresses the protection of both public and private views of the ocean. The California Coastal Act, and the City of Huntington Beach Local Coastal Program, only require protection of public views. The development pattern adjacent to the beach in Sunset Beach is markedly different than in Huntington Beach in that approximately 152 properties directly abut the public beach. Staff does not recommend nor think it is necessary that the City change its LCP to protect private views but only allow for this in the Sunset Beach Specific Plan as this has been their standard for over two decades. ® Guideline 2.2.2 does not allow any permanent above-ground structures on the beach. Per the development standards, this precludes everything except lifeguard towers (seasonal) and other facilities necessary for public safety as well as temporary uses associated with the adjacent residential uses, e.g. decks. Fire rings, roadways, bike paths, etc. are not allowed on Sunset Beach by the Specific Plan; whereas, these types of amenities are present on the beaches in Huntington Beach. In addition, the City does not have an existing system for temporary encroachments, e.g. decks, on the beach. Similar to the discussion regarding guideline 2.2.1.iii, staff recommends continuing the County's policy. ® Guideline 2.3.8 allows parking on the drive approach directly in front of the garage and on the street on North and South Pacific Avenues. The County issues encroachment permits -151- Item 13. s Page REQUEST FOR COUNCIL ACTION MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PL10-27 to residential property owners to allow parking in the public right-of-way. This encroachment permit program, implemented via a resolution (since 1984), also allows for this type of parking on the numbered streets, Bay View, Broadway and Park Avenue. ® Administration, Section 4.2. A unique component of the County's specific plan is the role of the Sunset Beach LCP Review Board, which is an appointed, volunteer group of Sunset Beach residents that meet regularly and serve as a citizen review group. Consistent with the County's specific plan, the City's document requires that all discretionary permit applications be sent to the Board at least 21 calendar days prior to final action, as well as other items. The LCP Review Board will be appointed by the City Council. This would be the only area in the City with a citizen board of this type. Development Standard Changes Included as Part of Planning Commission Action The City's Specific Plan does not propose any change to the majority of the site development standards for setbacks, height, on-site open space, fences/walls, accessory structures and signs. In general, the County's standards are more permissive, resulting in a denser development pattern, which is likely in recognition of the small lot sizes and limited area for development. The County's specific plan does make numerous references to the County's Zoning Ordinance that would not be appropriate to reference in the City's Specific Plan. Therefore, staff has taken language from the County's Zoning Code and added it to the proposed Specific Plan. This has been done for the following items: ® Sunset Beach Residential: Side setbacks adjacent to other building sites-added the specific allowance for two feet from County code ® Building Height-Added a General Provision (3.2.16) that specifies how height is measured and clarified that rooftop decks do not count as a story (3.3.1.F.1) . Fences and Walls-Added Section 3.3.5 to address requirements for fences and walls. This Section is taken from the County's zoning code, which is referenced in their specific plan ■ Accessory Uses and Structures-Added Section 3.3.7 to address standards for these uses/structures. This Section is taken from the County's zoning code. Based on input from the Sunset Beach community and staff analysis, staff proposed some clarifying language and changes. Key changes that were considered and approved by the Planning Commission are summarized below: ■ Required compliance with the bicycle parking requirements of the ZSO for new development (applies to commercial and multi-family projects) ® Added language at the request of the Fire Department related to drive aisle width, such that wider drive aisles, more consistent with City code, would be provided in development if reasonably accommodated ® Expanded the list of prohibited uses in response to a request from the Sunset Beach Community Association Transition Committee ■ Added clarifying language on beach encroachment, per existing County regulations. . Added additional language to the Water Quality section in response to a comment from the RWQCB • Clarified conditional use permit and coastal development permit processes Proposed Specific Plan Changes Since Planning Commission Action Item 13. ® Page 10 -152- REQUEST FOR COUNCIL ACTION {MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PL10-27 The Sunset Beach Community Association Transition Commission notified staff that the community would like short-term rentals (rentals of less than 30 days) to be listed as a permitted use, subject to a conditional use permit, in the Sunset Beach Residential district. The Association estimates that there are between 30 and 40 homes that rent on a short-term basis, most of these are located on South Pacific Avenue. The County Specific Plan does not reference short-term rentals, and County staff has indicated that the County does not regulate them, i.e., homeowners may rent out their homes as they choose. The City does not currently allow for short-term rentals in homes, unless operated as a bed and breakfast, which requires a minimum 10,000 square foot lot and extra on-site parking. In the case of Sunset Beach, none of the residential lots could meet these criteria. Based on discussions with property owners who currently have short-term rentals in Sunset Beach and members of the Association, the majority of the short-term rental properties are well managed and not incompatible with long-term rentals or owner-occupied units. Issues that arise with the short-term rentals tend to relate to excessive noise and behavior associated with parties. Community members that we have heard from think that these issues can be addressed through conditions of approval and enforcement of the City's noise ordinance and that responsible operators of short-term rentals, which constitute the majority, should not be penalized. Finally, many of the property owners bought their properties with the understanding that the County did not regulate short-term rentals. Based on the foregoing, staff has included short-term rentals as being permitted, subject to entitlements, in the October draft Specific Plan. In addition to this change, staff has corrected a numbering error in the Land Use Plan Guidelines section. Prior to the Planning Commission meeting, staff had received inquiries from some Sunset Beach residents regarding other potential changes to the Specific Plan related to prohibiting overnight stays on boats and maintenance provisions for the artificial berm on the main beach. Staff has not made associated changes in the Specific Plan for these items as they generally relate to Municipal Code topics. Changes will be made to the City's Municipal Code to implement many of the ongoing County practices including parking permits, harbor permits, beach encroachments and the LCP Review Board, all of which are allowed by the existing and proposed Specific Plan. No other changes have been requested since the Planning Commission meeting. Draft Negative Declaration Draft Negative Declaration No. 10-005 analyzes potential environmental impacts of the proposed project. The annexation and associated zoning and general plan entitlements do not include a development project. The proposed Sunset Beach Specific Plan reflects the land use plan as approved by Orange County and the California Coastal Commission. Thus, there is no change to the number or location of properties designated for residential and commercial development or areas designated for open space. The proposed Specific Plan does not include any new infrastructure extensions or roadway. Thus, any potential development that may occur in the future, could also occur now under the existing regulations in effect. The Draft Negative Declaration concludes that there will be no impacts associated with Population and Housing, Geology and Soils, Hydrology and Water Quality, Air Quality, Biological Resources, Mineral Resources, Noise, Utilities and Service Systems, Aesthetics, -153- Item 13. - Page 11 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PL10-27 Cultural Resources, Recreation and Agricultural Resources. The Draft Negative Declaration concludes less than significant impacts associated with Land Use and Planning, Transportation/Traffic, Hazards and Hazardous Materials, Public Services and Greenhouse Gas Emissions. The less than significant impacts associated with the first three issue areas stem from differences in standards in the proposed Specific Plan (no change from existing) compared with what is currently required in most areas of Huntington Beach. Specifically, some of the standards for street sections and drive aisles that are designated as fire lanes are less in the proposed Specific Plan. The City of Huntington Beach Fire Department currently responds to approximately 80 percent of the calls in Sunset Beach. They are able to meet response time goals despite the existing standards being less than desirable. The Draft Negative Declaration identifies that that there would be a less than significant impact associated with the adoption of the proposed Specific Plan in this regard. The less than significant impact for Public Services is due to the potential increase in calls for service that the City of Huntington Beach Police and Fire Departments may experience as a result of the annexation. The Draft Negative Declaration reviews the statistics in terms of calls for service and responding agency for Sunset Beach. The Police Department is expected to experience the largest increase in calls, given that the County Sheriff's Department provides the majority of law enforcement services in the area. However, the Police Department has indicated that the increase will not have a significant impact on their operations and ability to provide adequate service to the area and the rest of Huntington Beach. In response to a comment regarding Police services to the area, language was added to the Negative Declaration analysis; see the Errata in Attachment No. 8. Subsequent to the public comment period, two letters were received regarding the Negative Declaration as it relates to police services (Attachment No. 12). The Police Department reviewed the letters and believes that the revised analysis in the Negative Declaration Errata adequately addresses the issues raised. The same issues were raised at the Planning Commission public hearing and responded to by the Police Department. The potential increase in calls for service for the Fire Department is comparatively small, given that they effectively are the primary responder in the area now. Accordingly, associated impacts with the increased calls for service will be less than significant. The last issue area for which less than significant impacts were identified was Greenhouse Gas Emissions. The CEQA threshold asks if the project would generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. The draft Negative Declaration identifies that there may be indirect emissions associated with construction of buildings pursuant to the Specific Plan and the operation of existing and future development; however, these would be insignificant given that 99 percent of the community is already built out and due to parcel pattern and development standards, which significantly limit the size of individual projects and amount of development that could occur. SUMMARY: Staff recommends approval of Negative Declaration No. 10-005, General Plan Amendment No. 10-002, Zoning Text Amendment No. 10-002, Zoning Map Amendment No. 10-001, Local Coastal Program Amendment No. 10-001 and Annexation No. 10-001 because: - The proposed project will not result in significant impacts on the environment. Item 13. ® Page 1 -1 54- REQUEST FOR COUNCIL ACTION -- MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PL10-27 - The proposed land use and pre-zoning designations will result in land use and zoning designations for the Sunset Beach area that are consistent with the existing land uses and zoning designations. - The Local Coastal Program Amendment is consistent with the California Coastal Act and the project provides for continued preservation of existing coastal recreational resources, coastal access and maintenance of coastal views. - The Specific Plan carries forward the existing overall goals, policies and standards of the County's Specific Plan for Sunset Beach, which are designed to address the unique development pattern of the community. - Pre-zoning of the project site will allow the City to annex the area to the City, which would result in a fiscal benefit to the City and allow for more efficient provision of services. Environmental Status: A draft Negative Declaration was prepared for the proposed project pursuant to Section 240.04 of the HBZSO and the provisions of the California Environment Quality Act (CEQA) (Attachment No. 8). The draft Negative Declaration concludes that the proposed project will not result in any significant adverse environmental effects. The 30-day public review period for the document began on August 12, 2010 and ended on September 10, 2010. Five comment letters (Attachment No. 9) were received during the public comment period from the California Department of Transportation, California Regional Water Quality Control Board, Native American Heritage Commission, Orange County Local Agency Formation Commission and Mr. Lyman Lokken, a resident and property owner in Sunset Beach. A discussion of each of the comment letters is provided below. California Department of Transportation (CalTrans) Comments: The CalTrans comment letter provides information on the Department's encroachment permit process, should any work be proposed in the vicinity of their right-of-way. The City is aware of the CalTrans' encroachment permit process. No changes are required to the draft Negative Declaration as a result of the information in the comment letter. California Regional Water Quality Control Board (RWQCB) Comments` The RWQCB comment letter consists of five comments on the Draft Specific Plan, which is an attachment to the Negative Declaration. There are no comments on the analysis in the Negative Declaration itself. Planning and Public Works staff have reviewed the comments, which suggest clarifying text, and have made changes to the draft Specific Plan as a result. However, staff does not think that it is necessary to add more information to the Specific Plan on Best Management Practices (BMPs) given that they are site and project specific, can vary greatly, and are guided by the Permit issued by the RWQCB, which is amended on a regular basis. No changes are required to the draft Negative Declaration as a result of the information in the comment letter. Native American Heritage Commission (NAHC) Comments: The NAHC comment letter indicates that as a result of a Sacred Lands File search in their inventory, no Native American Cultural Resources were identified within one-half mile of the subject project. There are, however, considerable Native American Cultural Resources in close proximity to the area. The comment letter provides a list of Native American contacts and indicates that avoidance of cultural resources should be considered during project planning. The proposed -155- Item 13. - Page 13 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PL10-27 project does not propose any development and no known resources exist within Sunset Beach. The City initiated consultation with the Native American contacts on August 13, 2010, two contacts have responded and indicated that they do not have concerns with the proposed project. No changes are required to the draft Negative Declaration as a result of the information in the comment letter. Orange County Local Agency Formation Commission Comments: The LAFCO comment letter indicates that they are a responsible agency for the annexation and that they do not have any comments on the Negative Declaration. No changes are required to the draft Negative Declaration as a result of their comment. Mr. Lyman Lokken Comments: Mr. Lokken's comment letter consists of five comments on the draft Negative Declaration and one comment on an attachment to the document. The first three comments provide information on text references and data in the document. With regard to the size of the annexation area, the City has had a legal description completed, which results in an acreage number that is consistent with one of the numbers provided in Mr. Lokken's letter. The Negative Declaration has been updated accordingly. Staff has also updated the text of the Negative Declaration based on the other information he provided. The fourth comment is regarding provisions of police services after annexation. Additional information and data regarding the Police Department's operations have been added to the Negative Declaration. The last comment on the Negative Declaration appears to be a point of information but does not necessitate a change to the document. The final comment has been addressed in the proposed Local Coastal Program Amendment changes in Attachment No. 5. The changes to Negative Declaration No. 10-005 are provided in an Errata, which is included in Attachment No. 8. Environmental Board Comments: The Environmental Board was notified of the Negative Declaration and staff attended the Environmental Board meeting at which the Board discussed the proposed project. The Environmental Board did not submit a comment letter. Prior to any action on General Plan Amendment No. 10-002, Zoning Text Amendment No. 10-002, Zoning Map Amendment No. 10-001, Local Coastal Program Amendment No. 10- 001 and Annexation No. 10-001, it is necessary for the City Council to review and act on Negative Declaration No. 10-005. Staff, in its initial study of the project, is recommending that the Negative Declaration be approved with findings. Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): ip ion 1. Suggested Finding for Approval — Negative Declaration No. 10-005, Zoning Text Amendment No. 10-002, Zoning Map Amendment No. 10- 001, Local Coastal Program Amendment No. 10-001 2. City Council Resolution No. 2010- 73, "A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 10-002" Item 13. 0 Page 14 -156- REQUEST FOR COUNCIL ACTION MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PL10-27 3. City Council Resolution No. 2010-74, "A Resolution of the City Council of the City of Huntington Beach Adopting Zoning Text Amendment No. 10-002 by creating the Sunset Beach Specific Plan SP 17 " 4. City Council Ordinance No. 3901, "An Ordinance of the City of Huntington Beach Amending District Maps 21 and 35 (Sectional Maps 19-5-11 and 30-5-11) of the Huntington Beach Zoning and Subdivision Ordinance to prezone the Sunset Beach Area Located in the County of Orange to the Sunset Beach Specific Plan with Coastal Zone Overlay SP 17-CZ (Zoning Map Amendment No. 10-001 " 5. City Council Resolution No. 2010-75, "A Resolution of the City Council of the City of Huntington Beach, Adopting Local Coastal Program Amendment No. 10-001 to amend the Local Coastal Program Land - Use Plan and Implementing Ordinances for the real property generally located between Warner Avenue and Anderson Street on either side of Pacific Coast Highway and to reflect Zoning Text Amendment No. 10- 002 and Zoning Map Amendment No. 10-001 and requesting - certification by the California Coastal Commission" by creating the Sunset Beach Specific Plan SP 17 6. Existing County of Orange Sunset Beach Specific Plan/Local Coastal Program with City notations/references to the proposed City of Huntington Beach Sunset Beach Specific Plan dated August 2010 7. Draft Sunset Beach Specific Plan, dated October 2010 8. Draft Negative Declaration No. 10-005, including Errata pages 9. Draft Negative Declaration No. 10-005 comment letters 10. Sunset Beach Annexation Study, dated July 20, 2010 11. Correspondence from Sunset Beach Transition Committee on behalf of the Sunset Beach Community Association, dated September 3, 2010 12. Planning Commission Staff report, dated September 28, 2010 13. Letters in Opposition/Support received at or after the September 28, 2010 Planning Commission meeting 14. PowerPoint Presentation dated October 18, 2010 -157- Item 13. a Page 15 ATTACHMENT # 1 Item 93. - Page 16 -158- ATTACHMENT NO. 1 SUGGESTED FINLDINGS FOR APPROVAL NEGATIVE DECLARATION NO. 10-0051 ZONING TEXT AMENDMENT NO. 10-002/ZONING MAP AMENDMENT NO. 10-001/ LOCAL, COASTAL.PROGRAM AMENDMENT NO. 10-001 SUGGESTED FINDINGS FOR APPROVAL-NEGATIVE(DECLARATION NO. 10-005: 1. The Negative Declaration No. 10-005 has been prepared in compliance with Article 6 of the California Environmental Quality Act(CEQA) Guidelines. It was advertised and available for a public comment period of 30 days. Comments received during the comment period were considered by the City Council prior to action on the Negative Declaration and General Plan Amendment No. 10- 002, Zoning Text Amendment No. 10-002,Zoning Map Amendment No. 10-001, Local Coastal Program Amendment No. 10-001 and Annexation No. 10-001. 2. There is no substantial evidence in light of the whole record before the City Council that the project will have a significant effect on the environment. The Annexation, General Plan Amendment, Zoning Map Amendment, Zoning Text Amendment and Local Coastal Program Amendment will not create any additional density or intensity of land use in the Sunset Beach area over that which is currently allowed by the County of Orange Sunset Beach Local Coastal Program/Specific Plan. The City of Huntington Beach already provides water to the area, as well as police and fire services through mutual aid agreements. After analyzing the potential-impacts associated with the project, it has been determined that the project will not have a significant impact on the City's ability to provide services to the Sunset Beach area and the City as a whole. SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 10-002 and ZONING MAP AMENDMENT NO. 10-001: 1. Zoning Map Amendment No. 10-001 amending District Map Nos. 21 and 35 to prezone an approximately 134 acre as Sunset Beach Specific Plan (Specific Plan 17)with a Coastal Zone Overlay and Zoning Text Amendment No. 10-002 to adopt the Sunset Beach Specific Plan are consistent with the objectives, policies, general land uses and programs specified in the General Plan because the Specific Plan provides for a cohesive development of residential,commercial and public uses consistent with the existing development pattern and standards, and compatible with adjacent uses in the vicinity. The Specific Plan is consistent with General Plan policies that require protection of beach and open space resources, encourage visitor serving and mixed uses, and provide for differentiation of the City's neighborhoods. As discussed in the Negative Declaration for the project, there will be appropriate infrastructure and services available to support the Sunset Beach area upon annexation. 2. In the case of general land use provisions, the Zoning Map Amendment and proposed Specific Plan are compatible with the uses authorized in, and the standards prescribed for,the zoning district for which it is proposed. The standards of the proposed Sunset Beach Specific Plan are consistent with those that have governed the Sunset Beach area for over almost 30 years and have provided for 10/18/10 -159- Item 13. - Page 17 development that is compatible with uses in the vicinity, which are residential, commercial,open space and recreation. 3. A community need is demonstrated for the change proposed. The Sunset Beach Specific Plan will provide standards that will be consistent with the Sunset Beach Specific Plan approved by the County of Orange and the California Coastal Commission. These standards ensure the preservation of numerous public uses such as the beach, waterway,park and public parking facility that serve the community of Sunset Beach and surrounding area. The prezoning will facilitate the annexation of the area to the City of Huntington Beach, which allows for more efficient delivery of municipal services to the area. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The Specific Plan provides for compatible land uses and continuation of the public use areas(beach, park,parking, waterway)to serve the community. The development standards will maintain the existing character of the community. Adequate infrastructure and services are available to serve the area. SUGGESTED FINDINGS FOR APPROVAL,- SPECIFIC PLAN NO. 17: 1. The Specific Plan is consistent with the adopted Land Use Element of the General Plan and with the certified Local Coastal Program Land Use Plan and other applicable policies and is compatible with existing and surrounding development. The Specific Plan carries forward the existing overall goals and policies of the existing County of Orange Local Coastal Program/Specific Plan for Sunset Beach including land uses, preservation of the beach and other public uses, coastal views and access. 2. The Specific Plan will enhance the potential for superior urban design in comparison with the development under the base district provisions that would apply if the Plan were not approved. The Specific Plan contains the development standards established by the County of Orange in recognition of the small lot sizes and unique development pattern of the Sunset Beach community that will ensure consistency with existing development. 3. Deviations from the base district provisions that otherwise would apply are justified by compensating benefits of the Specific Plan. The Specific Plan provides for cohesive development of the residential and commercial areas with many reduced standards compared with the Huntington Beach Zoning and Subdivision Ordinance. Compensating benefits include significant and well located public open space and scenic vistas of the Pacific Ocean. Approximately 55 percent of the area, excluding streets, is publicly owned and utilized. The Specific Plan provides for the continuation of 27 street-end public access points to the beach and a portion of the community is divided by a public channel. 4. The Specific Plan includes adequate provisions for utilities, services, and emergency vehicle access; and public service demands will not exceed the capacity of existing and planned systems. As analyzed in Negative Declaration No. 10-005, the public service demands for the Specific Plan will not exceed the capacity of existing and planned systems, including the transfer of services from Orange County to the City of Huntington Beach after annexation. All public services, both before and after annexation, will be adequately met by existing resources including fire, police and emergency services. Item 130 ® Page 1 -160- Attachment No. 1.2 Draft Sunset Beach Specific Plan 2.2 Land Use The Sunset Beach Land Use Plan is intended to implement the goals of the City of Huntington Beach General Plan and Local Coastal Program. Broadly stated, the goals for the area are to: ® Maintain and enhance the special character of Sunset Beach. ® Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and man-made resources. ® Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social economic needs of the people of the state. ® Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners. ® Assure priority for coastal-dependent and coastal-related development over other development on the coast. ® Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone. More specifically, the City of Huntington Beach Sunset Beach-Land Use Plan proposes to carry forward the land use designations previously approved by the County of Orange and California Coastal Commission. However, for consistency with the City's General Plan, some of the designations are different in name, though the types of permitted uses are similar. These uses will also be governed by the more specific regulations of this Specific Plan, as set forth in Section 3. The Sunset Beach Land Use Plan is illustrated in Exhibit 2.1. The Plan designates the 134 acre Specific Plan area as follows: Land Use Designation Acres Residential High Density-30 22.32 Commercial Visitor-Mixed Use Overlay 9.16 Public 13.00 Open Space-Shoreline 57.74 Open Space-Water Recreation 3.40 Right of Way 28.26 Total 133.88 October 2010 Page 10 Draft Sunset Beach Specific Plan The Residential High Density designation has a General Plan/Local Coastal Program density category of greater than 30 units per net acre, denoted by"-30"to reflect the existing density condition of some parts of Sunset Beach. The Commercial Visitor designation has a Mixed Use ("-mu") Overlay, which permits residential uses in conjunction with the underlying commercial designation. This is in recognition that the Specific Plan allows for residential units above the ground floor in the CV area.2 In addition to the underlying land use designations, and the notations for RH and CV described above, the entire area has a Specific Plan Overlay ("-sp") designation in recognition of the need and existence of a specific plan for the Sunset Beach area. The City of Huntington Beach General Plan and Local Coastal Program also use Subarea designations to identify areas that are unique in the city, serve certain functions or have area- specific goals or regulations. The Sunset Beach Specific Plan area will be designated as Subarea 4L on the City's Community District and Subarea Schedule in the General Plan and Local Coastal Program. Those Subarea Schedules refer the reader to this Specific Plan for development regulations. z The County's existing Specific Plan allows residential uses above the ground floor in the Commercial Visitor(Sunset Beach Tourist District)area.A 2010 review of existing development in Sunset Beach indicates that there are approximately 80 residential units in the areas designated for principally commercial uses. October 2010 Page 11 p O CD co - �. � L r : i� ref f_ A f t�Sl. ya mob Y 3 LEGEND Residential High Density �__j Parcels Commercial Visitor-Mixed Use Overlay Right Of Way Public Huntington Beach Boundary Open Space-Shoreline Sunset Beach Boundary Open Space-Water Recreation -sp Specific Plan Overlay = This designation applies to all Land Uses for this area. rr:„ •w. v ro Exhibit 2.1 Land Use Plan tJ Draft Sunset Beach Specific Plan Land Use Plan Guidelines The City's General Plan and Local Coastal Program contain numerous goals, objectives and policies that further and are consistent with the overall goals for the Sunset Beach area. However, due to the unique nature of Sunset Beach and the fact that it is already almost fully developed at the time that this Specific Plan is being created, previous Land Use Plan Guidelines contained in the original County of Orange Sunset Beach Specific Plan are being carried forward to the extent that they are still relevant. The Land Use Plan Guidelines below are designed to: implement the Land Use Plan, specifically; carry out the intent of the General Plan and Coastal Act consistent with the desires of the community; and be a supplement to the City's General Plan and Local Coastal Program, which also contain relevant policies. The Guidelines consist of the Land Use Map (see Exhibit 2.1) and the following text: Beach and Sand Area 2.2.1 Existing beach and sand areas shall be maintained in their present form: i. to preserve the unique public recreational character of Sunset Beach;recreation shall be defined as passive and active recreation that is in conformance with the development guidelines of the Sunset Beach Land Use Plan. ii. in cooperation with the State Department of Fish and Game, to protect and preserve the natural habitat of spawning grunion, pismo clam and other shellfish beds, porpoise feeding and sporting grounds, feeding grounds for the California brown pelican, grebes, cormorants, terns, gulls and all other natural sea life and waterfowl. iii. to protect beachfront residences and maintain both public and private open ocean view and access. 2.2.2 The following shall be adhered to to maintain the existing beach and sand areas: i. Dredging and sand replenishment shall be scheduled during fall and winter months to reduce conflict with sunning, swimming and other shoreline water activities. ii. The city shall cooperate with the United States Army Corps of Engineers and other applicable agencies regarding all sand replenishment activities. iii. Sand replenishment shall be deposited at the northwest end of the beach in the area contiguous to the U.S. Navy Ammunition & Net Depot harbor groin, the point of primary and maximum erosion. From that point sand shall be distributed southeastward down the beach by natural wave and current action. This will avoid the destruction of natural marine life habitat. At the same time it will preserve the recreational character of the beach and the fine grain and cleanliness characteristic of alluvial ocean sands. Sand shall not be pumped directly on the beach within Sunset beach except in response to immediate danger to residences. October 2010 Page 13 Draft Sunset Beach Specific Plan iv. No government or private agency shall construct or cause to be constructed any structure including but not limited to jetties, groins, berms, etc.,that may alter natural shoreline processes such as wave action, channel depths or general beach configuration except when such protective structures are required for existing structures or public beaches in danger of erosion. V. Permanent above-ground structures on the beach and sand areas shall be prohibited. vi. To fulfill visitor serving needs, to minimize personal injuries and to reduce liability, sanitation shall be maintained by properly and routinely cleaning and maintaining the beach and sand area from ocean edge to the artificial dune. The protective growth barrier shall be maintained by property owners. 2.2.3 To protect residences and the Sunset Beach sanitary system from flood waters and excess wind-driven sand, to preserve that sand in the beach area thereby reducing replenishment costs, and to enhance the appearance of the benefit of visitors, preservation and maintenance of the artificial dune by residences shall be retained and encouraged, in keeping with Orange County Board of Supervisors Resolution No. 80- 188. 2.2.4 Scenic vistas shall be maintained, see Exhibit 2.2., Scenic Vista Viewpoints. 2.2.5 Public access to the beach shall be maintained. i. The 27 existing public access points to the beach shall be retained in perpetuity, see Exhibit 2.3, Existing Beach Access. ii. Signs denoting the Public Beach shall be maintained at the signalized intersections of Anderson Street, Broadway Avenue and Warner Avenue along Pacific Coast Highway. Signs shall not exceed four square feet. October 2010 Page 14 • � _� � �1111�11111 �� KK n�.a. loss war oilUNION 4. 4 V.: r c i r�I s • 1�1111I1�11� 100111111 e - It.Emma 0 :e loe�a � '• ��i .1 u IN Ilium rt It .art a s t. .at ,.t.�,rw.,�>"dfi nix„„,..,� rd rc .�;�95 e ea s� is Draft Sunset Beach Specific Plan Inland Waterways 2.2.6 inland Waterways shall be publicly accessible and maintained in a manner that is sensitive to the natural environment i. For greater use by the general public, all channels and public waterways in existence as of February 2, 1965, on which date, by Resolution 65-112, the Orange County Board of Supervisors established the channel widths, shall be maintained as public waterways. Location of bulkhead lines and encroachment areas shall be established and no structures shall extend beyond the bulkhead line except for ramps (gangways) and docks. ii. Every effort shall be made to protect and preserve existing natural sea life and waterfowl, and to maintain "clean"water. iii. To meet visitor-serving needs, the 11 cn Street public beach shall be retained in its present general configuration, or if reconfigured, shall provide equivalent recreational opportunities and shall be properly maintained. Visitor Serving Commercial 2.2.7 Existing commercial facilities should be retained. 2.2.8 Should any existing residence presently on property designated for commercial use be destroyed, such may be rebuilt as a residence providing it conforms to the provisions of the residential guidelines. 2.2.9 Where commercial uses abut residential property, no balconies, decks or open areas intended for public use shall be allowed to infringe on adjacent residential property. Residential 2.2.10 All legally created residential building sites shall be permitted only two dwelling units per site, unless approved otherwise prior to adoption of this Specific Plan. 2.2.11 Affordable housing shall be provided consistent with the City of Huntington Beach Zoning and Subdivision. Low/moderate cost rental units should be replaced when redevelopment occurs. 2.2.12 Conversion of multi-unit buildings into condominiums shall be allowed only if the building meets the Specific Plan standards. 2.2.13 Public service facilities shall be a permitted use in a residential use area. October 2010 Page 17 Draft Sunset Beach Specific Plan 2.3 Circulation Regional Transportation A network of freeways and arterial highways provide regional access for Sunset Beach. The major arterial regional facilities serving the community are Pacific Coast Highway and the San Diego Freeway.Arterial highways link these two facilities to each other and to Sunset Beach. Several arterial highways connect Pacific Coast Highway with inland areas and the San Diego Freeway. Seal Beach Boulevard and Warner Avenue are both designated as major arterial (six lane, divided) highways and provide connections with Pacific Coast Highway at points north and south, respectively, of Sunset Beach. The arterial highway network serves both the motorist and the public transit rider. Countywide and regional access via transit is designed primarily by the Orange County Transportation Authority(OCTA), which operates an extensive system of fixed routes and dial-a-ride service throughout Orange County. OCTA's service to the Sunset Beach area is quite extensive. OCTA route#1 utilizes Pacific Coast Highway between Long Beach/Seal Beach and San Clemente, providing north-south service to Sunset Beach. Three other OCTA routes terminate at Pacific Coast Highway and Warner Avenue at the southern end of Sunset Beach; they provide direct service to the beach from inland Orange County areas. The Pacific Coast Bikeway follows Pacific Coast Highway and serves as a major north-south route within Orange County and the only bikeway adjacent and parallel to the coastline. Bikeways connecting to Pacific Coast Highway generally follow arterial highways. Seal Beach Boulevard and Warner Avenue both include bikeways. All of the above bikeways are included in the Master Plan of County-wide Bikeways. Sunset Beach Transportation Most of the traffic utilizing Pacific Coast Highway in the vicinity of Sunset Beach is either passing through the area or destined to development adjacent to the community. The approximately 700 dwelling units and various commercial enterprises within Sunset Beach generate a relatively small portion of the trips using the Highway. For most of its length in the vicinity of Sunset Beach, Pacific Coast Highway is a four lane facility with painted median. Some additional development and redevelopment within Sunset Beach may occur, but the impact of this upon the arterial highway system should be minimal. However, increased development in the areas surrounding Sunset Beach and growing demand for access to coastal resources could further impact Pacific Coast Highway and the arterials leading to it. Because of the constraints inherent in acquiring additional right-of-way for Pacific Coast Highway both within and outside of Sunset Beach, it may be impractical.to provide additional travel lanes. Better utilization of the existing right-of-way is a more realistic possibility. As new development and redevelopment occurs, improvements can be made that provide for safe and convenient use of the Highway by pedestrians, bicyclists, and transit vehicles. Also, any new commercial development will have to provide off-street parking and be designed to minimize the number of direct access points to Pacific Coast Highway. An integrated traffic signal system October 2010 Page 18 Draft Sunset Beach Specific Plan within Sunset Beach can facilitate the flow of traffic. Expanded transit service along Pacific Coast Highway and through the area, to be provided as demand warrants and as financial resources become available, should encourage additional transit use and might somewhat reduce traffic along Pacific Coast Highway. Pacific Coast Highway is operated and maintained by the State Department of Transportation (CalTrans). Thus, any improvement to the Highway is subject to their approval. Local circulation within the Sunset Beach community is tied to parking opportunities and traffic control. Traffic patterns seaward of Pacific Coast Highway revolve around the parking facility located between North and South Pacific Avenues. Traffic movements on other streets are limited by narrow right-of-way and heavy on-street parking. Although there are adequate parking spaces available to meet public, commercial, and residential parking demand, the distribution of available parking negatively affects the supply- demand balance, which causes deficiencies to occur in certain areas. To alleviate the problem, existing parking opportunities need to be retained within the community and maximized wherever possible. Adequate off-street parking will be required in conjunction with all new development or redevelopment of properties. Specific policies and guidelines relating to parking are included in this Specific Plan. Increased transit service and bicycling opportunities should provide access to beach uses without requiring such additional parking. Local circulation and traffic safety will be enhanced by appropriate speed limits. It is expected that the existing 15 miles per hour speed limit on all Sunset Beach Streets, except Pacific Coast Highway, will be retained; however, speed limits must be periodically reviewed to be enforceable. Circulation and safety will also be enhanced by retention of the parking restrictions on North and South Pacific Avenues. Also, conversion of Bay View Drive to one-way operations will be evaluated as a means to improve circulation inland of Pacific Coast Highway. Based on the foregoing, the following circulation policies shall be adhered to: Transportation/Circulation 2.3.1 Speed limits shall be periodically reviewed and vigorously enforced on all local streets within Sunset Beach. 2.3.2 The City shall work with CalTrans to maintain and/or improve signal timing on Pacific Coast Highway. 2.3.3 The feasibility of converting local streets to one-way circulation shall be evaluated. 2.3.4 Required street and highway dedication and improvements normally required per the City Code are not applicable to the Sunset Beach Specific Plan area except for those properties abutting Pacific Coast Highway. However, street dedication for 4th through 26th Streets shall conform to the Typical Section for those streets, as shown in Exhibit 2.4, Typical Section. 2.3.5 Pacific Coast Highway is designated a "scenic highway."To ensure that those scenic characteristics are enhanced, public and private projects shall, wherever feasible, provide landscaping wherever there is adequate space. October 2010 Page 19 Draft Sunset Beach Specific Plan Parking 2.3.6 To the maximum extent feasible, to maximize visitor servicing needs and ensure public safety, the City shall encourage CalTrans to stripe Pacific Coast Highway to provide a safe width for parallel parking. 2.3.7 All existing on-street parking shall be retained within Sunset Beach and wherever possible establish programs to maximize their use, except when public safety is compromised. 2.3.8 There shall be no parking on North and South Pacific Avenues, except in front of driveways by permit only. 2.3.9 In order to facilitate visitor serving needs, diagonal parking shall be allowed on Anderson Street and Broadway Avenue. 2.3.10 All street ends, except for emergency access, opening onto the beach shall be fully developed for public parking prior to any other public parking development. 2.3.11 Street ends on the inland side of Pacific Coast Highway will be evaluated for opportunities to'develop public parking. 2.3.12 Innovative programs to maintain the existing parking supply in residential areas and to provide flexibility for commercial uses shall be encouraged. 2.3.13 Signage and parking control to manage parking supply shall be implemented. October 2010 Page 20 0 0 (D CO N � b 35' ROW � v 0 28' PAVED m 5' SIDEWALK 10' 10, S' PARKING 2' -0 Exhibit 2.4 Typical Section CD N Draft Sunset Beach Specific Plan 2.4 Flooding and Shoreline Structures The Federal Emergency Management Agency(FEMA) currently designates all of the developed area of Sunset Beach and a majority of the beach as Flood Zone X, which are areas of 500 year flood and areas of 100 year flood with average depths of less than one foot of flooding and areas protected by levees from 100 year flood. A small portion of the beach at the ocean edge is designated Flood Zone VE, areas of Coastal flood with velocity hazard. Despite the Flood Zone X designation,flood damage in Sunset Beach can occur at times of abnormally high tides when waves overtop the berm and water flows towards the houses. Flood damage resulting from this process, called over-wash, can be reduced by raising the living area of the homes above the level of flowing water. Therefore, special design consideration must be given to development along the shoreline because ocean-water can create a flooding problem. The County of Orange completed a Coastal Flood Plain Development Study, in 1985, to analyze safety measures for structures along the coast. Design guidelines for residential development along the coast are established in Chapter Four of the Coastal Flood Plain Development Study as amended. These guidelines are based on the assumption that the beach will be artificially maintained with a width of at least 150 feet from the ocean-facing private property line. Flowing water is the only design consideration. Should the beach retreat to less width, the possibility of storm erosion and breaking wave activity at the structures may occur and flood protection as regulated by these design guidelines will not provide protection from wave impact forces. Revised design guidelines must then be modified to reflect the circumstances. The County designated the homes seaward of South Pacific Avenue as being in a—FP3 district, subject to flood hazard. The Coastal Flood Plain Development Study requires that any new structure in this area be raised to a specific height above a point on South Pacific Avenue. In addition to providing protection against flood damage, the requirement to build on piling along South Pacific Avenue provides a safety margin should conditions at Sunset Beach return to the way they were in the 1930s when homes were vulnerable to attack by waves. Homes on shallow footings can be rapidly damaged or destroyed if their sand support is lost to erosion. Existing lawful nonconforming residential uses may be severely impacted by the Coastal Flood Plain Development Study and will require special consideration. The publicly owned Sunset Channel has been privately bulkheaded and the streets and alleys, where they abut the channel, were bulkheaded by the County. As set forth in Section 3, new development shall be required to comply with flood plain regulations and the County's study. 2.5 Infrastructure and Utilities Infrastructure Public facilities analyses of infrastructure requirements and detailed design, construction and phasing will be completed as required by the City of Huntington Beach Department of Public Works. Future development within the Specific Plan area will be responsible for the October 2010 Page 22 Draft Sunset Beach Specific Plan construction of public facilities improvements concurrent with individual.project development, subject to review and approval of the Director of Public Works. Water System The City of Huntington Beach has provided domestic water to the Sunset Beach area since fiscal year 1964/65, when it purchased the Sunset Beach Water District. Upon annexation, domestic water for the Sunset Beach area will continue to be provided by the Public Works Water Division of the City of Huntington Beach.The Water Division provides water to all of the customers within the City of Huntington Beach. The Water Division has use of both underground and imported water sources to service the area. The underground supply comes from nine existing wells, and imported water delivered to the City of Huntington Beach by the Metropolitan Water District(MWD) at three locations. The Specific Plan area is part of the City's Master Plan for Water Service. All water improvements shall be designed to the City of Huntington Beach water standards for future City acceptance and approval. Locations of fire hydrants and apparatuses will be reviewed for each project by the Fire Department and Water Division of the City of Huntington Beach to ensure adequate fire flow and pressure. Sewer System The Sunset Beach Sanitary District, formed in 1930, is responsible for the review and approval of the collection of wastewater within the project area, and the Orange County Sanitation District (OCSD) is responsible for the treatment of wastewater. Upon annexation, wastewater service will continue to be provided by the Sunset Beach Sanitary District. Storm Drainage The City of Huntington Beach and the Orange County Public Works/Flood Control Section are the agencies responsible for the flood control system in the vicinity of Sunset Beach. New drainage facilities constructed within the Specific Plan area will be maintained either by the City or privately maintained by a homeowner's association. Any drainage facilities designed or sized to accommodate upstream drainage will be designated as public facilities and maintained by the City. Only drainage that is required by City of Huntington Beach Codes and the ordinances of the Sunset Beach Sanitary District shall be drained into the Sunset Beach Sanitary System lines. All other drainage, such as rain water, irrigation water and other on-site drainage shall drain to the public street or public storm drainage system. All development shall meet the provisions of this requirement. Where new storm drains are necessary to accommodate development, they shall be sited and designed to discharge in the least environmentally sensitive location. Storm Drains and/or Catch Basins shall be marked "No dumping-drains to Ocean" or with other appropriate local insignia. October 2010 Page 23 Draft Sunset Beach Specific Plan Water Quality The City of Huntington Beach is a coastal community noted for its beaches, which attract numerous people to the area. The beaches support the City's economy and the well being of the City's economy is dependent on maintaining quality of coastal waters. The flow of untreated stormwater and urban runoff can have an adverse impact on the quality of coastal waters since storm drains eventually discharge into the ocean. The City's Coastal Element notes that the City can upgrade water quality by controlling pollutants that enter coastal waters through urban runoff. The City's Coastal Element contains the water and marine. resource policies requiring that measures be implemented to mitigate the adverse impacts of human activities on the marine environment. To protect coastal waters, the following water quality measures shall be implemented in conjunction with any new development or significant redevelopment: ® All new development and significant redevelopment, shall comply with the State of California, California Regional Water Quality Control Board Santa Ana Region, Order No. R8-2009-0030 (NPDES No. CAS 618030) or subsequent permits. Projects shall comply with the Orange County Drainage Area Management Plan (DAMP), all applicable local ordinances and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 2009-0009-DWQ), and any subsequent amendments, revisions, or re-issuances thereof. ® Prior to issuance of a Coastal Development Permit(CDP), a Preliminary Water Quality Management Plan (WQMP), shall be submitted for review by the Public Works Department, and shall be based on consistency with the provisions herein. New development and significant redevelopment projects shall incorporate Low Impact Development(LID) principles, design elements, and/or Best Management Practices (BMPs) that will effectively prevent runoff contamination, and minimize runoff volume leaving the site in the developed condition, to the greatest extent feasible. ® Prior to issuance of a Grading or Building Permit, a final WQMP shall be submitted for review and acceptance by the Public Works Department. ® All projects that include dewatering shall obtain coverage under the State of California, California Regional Water Quality Control Board Santa Ana Region de minimis permit, currently Order No. R8-2009-0003 (NPDES No. CAG998001) and subsequent iterations of this permit. Utilities There are several public utility service providers in the Sunset Beach Specific Plan area as described below. Adequate facilities exist for the service needs of the area. Electricity Electrical service to the area is provided by the Southern California Edison Company. Existing transmission and distribution lines are adequate to service current and potential future needs. October 2010 Page 24 Draft Sunset Beach Specific Plan Natural Gas Natural gas service in the Specific Plan area is provided by the Southern California Gas Company. Adequate facilities exist for current and potential future needs. Telephone Telephone service in the Specific Plan area is provided by Verizon. Cable Television Cable television service within Sunset Beach is provided,by Time Warner Cable. Solid Waste Disposal Rainbow Disposal Company currently provides solid waste disposal services for the area. An adequate level of service can be maintained based on anticipated demand for the Company's service area. October 2010 Page 25 Draft Sunset Beach Specific Plan a Development Standards 3.1 Purpose The Sunset Beach Development Standards will be applied to individual development in the Sunset Beach area and are adopted for the purpose of promoting the health, safety and general welfare of the Sunset Beach.community and the City of Huntington Beach. More specifically, these regulations are intended to provide the standards, criteria and procedures necessary to achieve the objectives below. ® Provide maximum opportunities for community design and site planning, consistent with orderly development and protection of sensitive and natural resources, with a logical and timely sequence of community and government review and input. e Improve the visual image and general aesthetics of Sunset Beach. e Implement the applicable policies of the California Coastal Act and preserve, protect and enhance the Coastal Zone resources of particular value to the Sunset Beach community, City of Huntington Beach, and the State of California. ® Implement the intent and purpose of the Sunset Beach Specific Plan. 3.2 General Provisions The provisions herein shall govern the design and development of the Sunset Beach Specific Plan area. Standards and/or criteria for development and activities not specifically addressed in this Specific Plan will require referral to the current provisions of the Huntington Beach Zoning and Subdivision Ordinance and Municipal Code. Whenever an activity has not been specifically listed as being permitted in a particular District of the Specific Plan, it shall be the duty of the Planning and Building Director to determine if it is consistent with the intent of this Specific Plan and compatible with other permitted uses. All development activity within the Sunset Beach Specific Plan area will be subject to the following general conditions and requirements, as noted, as well as the Land Use Plan Guidelines in Section 2.2. 3.2.1 Any conditions, requirements, or standards, indicated graphically or in writing, that are a part of an approved subdivision map, Coastal Development Permit or variance, approved in compliance with these regulations shall have the same force and effect as these regulations. Any use or development established as a result of such approved permit but not in compliance with all approved conditions shall be in violation of the Sunset Beach Development Standards and City of Huntington Beach Zoning and Subdivision Ordinance. 3.2.2 All construction and development within the Sunset Beach Specific Plan area shall comply with applicable provisions of federal and state regulations. 3.2.3 All construction and development within the Sunset Beach Specific Plan area shall comply with applicable provisions of the Uniform Building Code and other various October 2010 Page 26 Draft Sunset Beach Specific Plan Mechanical, Electrical, Plumbing and Housing Codes related thereto as well as the Municipal Code of the City of Huntington Beach. 3.2.4 All construction and development shall comply with the regulations contained in Chapter 17.56 of the Huntington Beach Municipal Code (Fire Code) and City Specifications, except Section 3.3.4 2e and f of this Specific Plan shall prevail unless wider drive aisles, per City Specifications, can reasonably be accommodated . 3.2.5 In these land use development standards, for all regulatory areas, when more than one description may apply to a given use, the more specific description shall determine if a use is allowed, or prohibited. 3.2.6 Terms not specifically defined in the Specific Plan shall have the same definition as used in the City of Huntington Beach Zoning and Subdivision Ordinance. When consistent with the context, words used in the present tense include the future tense; words used in a singular number include the plural number. The word "shall' is always mandatory and the word "may" is permissive. 3.2.7 Pacific Coast Highway, as it passes through the Sunset Beach Specific Plan is designated a Scenic Highway. 3.2.8 All legal residential building sites in existence on the date of initial adoption by the Board of Supervisors, of the Sunset Beach LCP on March 30, 1983, shall be permitted two dwelling units per site, unless approved otherwise. New building sites created by a tract map, parcel map, lot consolidation, or any other legal method are also limited to two dwelling units per building site. 3.2.9 Development projects shall be required to install adequate utility services necessary to serve the development. Utility systems shall be designed to conserve the use of electrical energy and natural resources 3.2.10 Due to the high groundwater conditions, only drainage that is required by City of Huntington Beach Codes and Ordinances, and the ordinances of the Sunset Beach Sanitary District, shall be drained into the Sunset Beach Sanitary System lines. All other drainage, such as rain water, irrigation water and other on-site drainage shall drain to the public street or public storm drainage system. All development shall meet the provisions of this requirement. 3.2.11 Temporary special community events, such as parades, pageants, community fairs, athletic contests, carnivals, and other similar uses, may be permitted in any area in the Sunset Beach Specific Plan area by approval of the Director of Planning and Building, subject to applicable permits. 3.2.12 Emergency vehicle access to the beach shall be at the ocean end of the signalized streets of Anderson, 19th Street, Broadway, 5th Street and Warner Avenue only. The center of such street ends shall be kept open and free at all times. All other side street ends opening on the beach may be developed for additional public parking. Such October 2010 Page 27 Draft Sunset Beach Specific Plan additional public parking development shall not extend beyond the rear(oceanward) property line of the adjacent ocean front private property. 3.2.13 Park lands and park fees required for new development shall be in compliance with all applicable regulations of the City of Huntington Beach Zoning and Subdivision Ordinance. 3.2.14 Any building site abutting Pacific Coast Highway shall be required to provide a corner cut-off of 17 feet prior to the issuance of any building permits unless otherwise provided for by an approved Coastal Development Permit. 3.2.15 Required street and highway dedication and improvements per the City of Huntington Beach Zoning and Subdivision Ordinance shall not be applicable to the Sunset Beach Specific Plan area except for those properties abutting Pacific Coast Highway. 3.2.16 Building height is the vertical distance above the bottom elevation to the top of the structure (maximum height). This is established by enclosing the structure with an imaginary line five feet outside of the perimeter of the structure, or at the property line if it is less than five feet from the structure, and determining the average elevation from the imaginary line. 3.3 Regulations The Sunset Beach Specific Plan contains five districts, as depicted in Exhibit 3.1, Specific Plan Districts. The boundaries of these districts coincide with those of the Land Use Plan. The names for the Specific Plan districts are the same as used in the previous County SBSP/LCP. The regulations for each district follow. October 2010 Page 28 Draft Sunset Beach Specific Plan 3.3.1 Sunset Beach Residential A. Purpose The Sunset Beach Residential (SBR) District is intended.to permit the establishment and maintenance of high density residential neighborhoods. It is intended that each residential structure be independent from adjoining property by setbacks. Only those uses which are complementary to and can exist in harmony with the residential uses are permitted. B. Principal Permitted Uses The following principal uses are permitted subject to the approval of a Coastal Development Permit by the Zoning Administrator. 1. Duplex dwellings 2. Single-family dwellings and single family mobile homes. 3. Residential Condominium, stock cooperative, and community apartment projects. 4. Residential Condominium conversions, pursuant to Chapter 235 of the HBZSO. 5. Additions to lawful nonconforming residential uses. Additions must comply with all applicable development standards. C. Other Permitted Uses Other permitted uses subject to a Coastal Development Permit and a Conditional Use Permit by_ the Planning Commission. 1. Community recreation center. 2. Community service center. 3. Community facility. 4. Public Safety Facilities. 5. Parks and playgrounds (non-commercial). 6. Public service facilities. 7. Short-term vacation rentals(stays of less than 30 days) a. Amortization Period: Any existing short-term vacation rental (stays of less than 30 days) use shall be discontinued 12 months following the effective adoption date of this Specific Plan by the California Coastal Commission, unless an application is filed with the Department of Planning and Building pursuant to this section to establish the use prior to the discontinued date. October 2010 Page 29 Draft Sunset Beach Specific Plan D. Accessory Uses and Structures Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted principal use on the same building site. 1. Limited Day Care, Limited Residential Care, and Large Family Day Care, as defined by the HBZSO. Large Family Day Care shall require neighborhood notification pursuant to Section 241.24 of the HBZSO. 2. Fences and walls per Section 3.3.5 except as modified by special provisions set out in Section F.3.c"Building sites between Pacific Coast Highway and the Sunset Channel and those building sites fronting on Park Avenue" and Section F.3.d "Building sites between Bay View Drive and Sunset Channel". 3. Garages and/or carports per Sections 3.3.4 and 3.3.7. 4. Home occupations per the HBZSO. 5. Noncommercial keeping of pets and animals per the City of Huntington Beach Municipal Code. 6. Pools and spas, except due to the limited sewerage.capacity, no such swimming pool or spa over 1000 gallons shall be connected to, or drained into, the public sewer system. 7. Signs per Section 3.3.6, except business signs which are prohibited. 8. Tennis courts. 9. Detached accessory buildings in compliance with Section 3.3.7. E. Prohibited Uses. 1. All uses not permitted above are prohibited. 2. The storage of vehicles, equipment or products related to a commercial activity. 3. Community and Human Service facilities. F. Site Development Standards The establishment, operation and maintenance of the uses permitted by these district regulations shall be in compliance with the following: 1. Building Height—Up to three stories and not more than 35 feet maximum as measured from the centerline of the frontage street for structures in the FP-3 District or the minimum bottom elevation (see 2 below)for structures outside the FP-3 District. Such height and story calculations shall include mezzanines, patio roof covers, rooftop decks and attics; however, a rooftop deck shall not count as a story. October 2010 Page 30 Draft Sunset Beach Specific Plan 2. Bottom elevation —for structures outside the FP-3 District,the finished floor elevation for new construction should be a minimum of two feet above the centerline of the frontage street or two feet above the highest perimeter curb elevation of the property, whichever is greater, unless the applicant can prove, using detailed hydrologic and hydraulic calculation, that the proposed finished floor elevation is protected from being flooded from a 100-year flood in a manner meeting the approval of the Director of Planning and Building. Those building.sites abutting the Sunset Beach Waterways District, Bay View Drive, or Park Avenue shall have the additional requirement that the finished floor elevation also be set at a minimum two feet above the bulkhead elevation. 3. Setbacks Front setbacks shall be measured from the ultimate right-of-way line. a. Beach Front Building Sites Front setback(street) 5 feet on ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 6 inches all floors, except in front of and alleys garages where 3 feet is required. Side setbacks adjacent to other 3 feet all floors, except for decks building sites. providing access on ground floor where 2 feet is allowed. Rear setback (on the sand) None Required. b. Building sites between North Pacific Ave. and Pacific Coast Highway Front setback(street) 5 feet on ground floor, 6 inches aboveground floor. Side setbacks adjacent to streets 3 feet on ground floor except in front and alleys of garages where 5 feet is required; 6 inches above ground floor. Side setbacks adjacent other 3 feet all floors, except for decks building sites, providing access on ground floor where 2 feet is allowed. Rear setback 5 feet on ground floor, 6 inches above ground floor. October 2010 Page 31 Draft Sunset Beach Specific Plan c. Building Sites between Pacific Coast Highway and the Sunset channel and those building sites fronting on Park Ave., PCH and abutting the Channel. Front setback(street) 5 feet ground floor, 6 inches above ground floor. Side setbacks adjacent to street 6 inches all floors except in front of and alleys garages where 3 feet is required. Side setbacks adjacent to other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback (channel) 10 feet from bulkhead or rear property line, whichever is more restrictive on the ground floor, 5 feet above ground floor. See Section 3.3.3.0 (Sunset Beach Waterways)for dock, gangway, and landing criteria. No structure higher than 12 inches from top of the bulkhead shall be permitted in the required rear setback except for a five foot security fence of open weave design to a maximum of 35 percent opaque. This height shall be measured from the top of the concrete bond beam of the existing bulkhead. d. Building Sites between Bay View Drive and Sunset Channel Front setback(street) 5 feet ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 6 inches all floors except in front of and alleys garages where 3 feet is required/ Side setbacks adjacent to other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback (channel) 10 feet from bulkhead or rear property line, whichever is more restrictive on the ground floor, 10 feet on all other floors except that a balcony deck may extend 5 feet into the rear setback measured from the required building setback. See Section 3.3.3.0 (Sunset Beach Waterways) for dock, gangway, and landing criteria. No structure higher than 12 inches from top of the bulkhead shall be permitted in the required rear setback except for a five foot security fence of open weave design to a October 2010 Page 32 Draft Sunset Beach Specific Plan maximum of 35 percent opaque. This height shall be measured from the top of the concrete bond beam of the existing bulkhead. e. Building Sites between Bay View Drive and Intrepid Lane Front setback(Bay View) 5 feet ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 6 inches all floors except in front of and alleys garages where 3 feet is required. Side setbacks adjacent to other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback (Intrepid Lane) 5 feet all floors except that an open balcony deck on the second or third floor to 6 inches from the property line. 4. Open Areas. New residential units within areas b) and e) above shall include a minimum 90 square feet of open area by providing for 1) rooftop patios, 2) balconies or decks and/or 3) ground floor yards exclusive of required setback areas. Any such open area must have a minimum dimension of four feet six inches, shall be contiguous to the living area, and shall not face onto any adjoining lot. 5. All building plans shall provide an area for the storage of the minimum required number and size trash cans per dwelling unit as required by the trash removal service. This shall be concealed from public view. 6. Off-street parking shall be in conformance with Section 3.3.4 of the Sunset Beach Specific Plan Regulations. Additional parking shall not be required when additions, not exceeding 50 percent of the floor area of the total structure, are made to lawfully nonconforming residential uses. 7. All roof structures, such as air conditioning units, elevator equipment or other roof mounted appurtenances, shall be screened from view and shall not exceed the overall 35 foot height limit, except chimneys and other ventilation structures not to individually exceed the dimensions of two feet by two feet per flue and not to exceed the height of the building by more than 10 percent. October 2010 Page 33 Daft Sunset Beach Specific Plan 3.3.2 Sunset Beach Tourists A. Purpose The Sunset Beach Tourist(SBT)District is intended to permit the establishment, operation and maintenance of a commercial area that will supply the needs or tourists, visitors, and the local community. Whenever the occupancy or use of any premise is changed to a different use or the existing use is altered, enlarged, expanded or intensified, parking to meet the requirements of this section shall be provided for the new use or occupancy.This provision shall not apply to the addition of rooms or other alterations to lawful nonconforming residential dwellings in a commercial zone that do not increase the total floor area more than 50 percent. As an aid in determining the amount of intensification occurring since 1985,the document prepared by the LCP Board on November 9, 1985, IDENTIFICATION OF PROPERTY ZONED COMMERCIAL ALONG PACIFIC COAST HIGHWAY IN SUNSET BEACH, shall be used as a reference document. B. Principal Permitted Uses The following principal uses are permitted subject to the approval of a Coastal Development Permit and a Conditional Use Permit by the Zoning Administrator. 1. Athletic/health/recreational clubs and centers. 2. Automobile service stations. 3. Bars, night clubs, and cocktail lounges. 4. Beauty shop or barber shop. 5. Parks and playgrounds. 6. Restaurants, drive-ins, and fast food establishment. 7. Other retail and service business associated with the needs of tourists, visitors, and the local community. 8. Hotels, motels. 9. Time-share projects. 10. Commercial boat docks. 11. Bed and breakfast. C. Other Permitted Uses Other permitted uses subject to a Coastal Development Permit and a Conditional Use Permit by the Zoning Administrator. October 2010 Page 34 Draft Sunset Beach Specific Plan 1. Civic and government uses. 2. Community facility. 3. Public/private utility buildings and structures. 4. Residential Uses: a. Located above the first floor of a Principal Permitted Use. b. Parking for both the primary commercial uses and the residential use conforms to Section 3.3.4 of these regulations. c. Such residential use shall not exceed 50 percent of the gross square footage of the entire structure. Additions to lawful nonconforming residential uses are permitted if their cost does not exceed 50 percent of the market value of the residential use. D. Temporary Uses Permitted Seasonal Sales only shall be allowed per the City of Huntington Beach Zoning and Subdivision Ordinance Section 230.86. E. Accessory Uses Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted principal use on the same building site. 1. Garages and carports per Sections 3.3.4 and 3.3.7. 2. Fences and walls per Section 3.3.5. 3. Parking structures. 4. Outdoor dining areas. 5. Signs per Section 3.3.6. F. Prohibited Uses 1. All uses not permitted above are prohibited. 2. Wholesale businesses. 3. Outdoor advertising signs. 4. Sale of food or beverages from vehicles or push carts. 5. Firework sales. 6. Adult entertainment businesses. 7. All Temporary Uses whether under cover or in the open, except as provided in 3.3.3.D above and in General Provision No. 3.2.10. October 2010 Page 35 Draft Sunset Beach Specific Plan 8. Medical marijuana businesses. 9. Methadone related businesses. 10. Residential Alcohol Recovery, General, as defined by the HBZSO. 11. Residential Drug Recovery and Drug Abuse Centers, as defined by the HBZSO G. Site Development Standards The establishment, operation, and maintenance of the uses permitted by this regulation shall be in compliance with the following provisions: 1. Building height—35 feet maximum as measured from the minimum bottom elevation (see 2 below). 2. Bottom elevation—the finished floor elevation for new construction should be a minimum of two feet above the centerline of the frontage street or two feet above the highest perimeter curb elevation of the property, whichever is greater, unless the applicant can prove, using detail hydrologic and hydraulic calculation, that the proposed finished floor elevation has protection from being flooded from a 100-year flood in a manner of meeting the approval of the Planning and Building Director. Those building sites abutting the Sunset Beach Waterways District shall have the additional requirement that the finished floor elevation also be set a minimum of two feet above the bulkhead. 3. Setbacks—Except as noted in a) &b) below, there shall be no required setbacks in the Sunset Beach Tourist District. a. A three foot setback is required for all structures adjacent to SBR district properties. b. Service stations per the City of Huntington Beach Zoning and Subdivision Ordinance. 4. All roof structures, such as air conditioning units, elevator equipment, or other roof mounted appurtenances, shall be screened from view and shall not exceed the overall 35 foot height limit, except chimneys and other ventilation structures not to individually exceed dimensions of two feet by two feet per flue and not to exceed the height of the building by more than 10 percent. 5. All lighting, both exterior and interior, shall be designed and located to confine direct rays to the building site. 6. All storage in cartons, containers, or trash bins shall be enclosed and shielded from view within a building or by a fence/wall not less than six feet in height. If unroofed, trash bins shall have lids. 7. Off-street parking. Per Section 3.3.4 herein. October 2010 Page 36 Draft Sunset Beach Specific Plan H. Lawful nonconforming residential use of property: Should any existing lawful nonconforming residential use presently on property zoned commercial be destroyed such may be rebuilt providing it conforms to the provisions of the residential uses and standards contained in the SBR District. 3.3.3 Public Facilities A. Purpose The Public Facilities District, including the Beach Area(SBB), Parking Facility (SBP), and Waterways(SBW)districts, is intended to permit the establishment and maintenance of community services in locations that will best service the uses in Sunset Beach. It is intended that these community facilities be compatible with the other land uses and included beachfront and parks, public parking facilities, and inland waterways. B. Sunset Beach Beach Area (SBB) 1. To protect beachfront residences and maintain public and private ocean views and access and to preserve the unique public recreational character of Sunset Beach, the existing beach and sand area shall be maintained in their present form. 2. The 27 existing public access points to the beach delineated in the Sunset Beach Land Use Plan shall be retained and maintained in a manner promoting their use by the general public. 3. From the ocean front property line to the ocean there shall be no roadway, bike path, hiking trail, or parking facility. 4. Permanent above-ground structures on the beach and sand areas shall be prohibited, except for: a. Lifeguard towers b. Other facilities necessary for public safety. 5. Temporary uses and structures accessory to residential development shall be permitted within the 20 foot strip of beach property contiguous to SBR properties subject to a Coastal Development Permit and a Public Property Encroachment Permit. Encroachments shall be limited to temporary/removable deck units, the top elevation of which shall not exceed four feet above the street level of South Pacific Avenue; landscaping not exceeding 30 inches in height above patio/deck surface at full growth; and portable furniture. 6. Fire rings or any other fire on the beach shall be prohibited. 7. There shall be no advertising of any nature on the beach and sand areas. 8. No governmental or private agency shall construct or cause to be constructed any structure including but not limited to jetties, groins, berms, etc., that may alter the natural October 2010 Page 37 Draft Sunset Beach Specific Plan shoreline processes such as wave action, channel depth, or general beach configuration except when such protective structures are required to protect existing structures or public beaches in danger from erosion. 9. Temporary recreational facilities for general public use may be permitted subject to a special events permit from the City of Huntington Beach. Such facilities shall be located at least 75 feet from residential property lines unless the facility is directly in front of the property of the applicant for the encroachment permit. C. Sunset Beach Parking Facility(SBP) 1. Parking control shall be in accordance with the City of Huntington Beach Municipal Code. 2. The present general configuration and facilities shall be retained. 3. There shall be no overhead or underground parking facility. 4. There shall be no parking meters or other mechanical control devices. 5. The City shall consult with the Sunset-Beach LCP Review Board for recommendation before any facilities are changed or expanded or additional signs installed. 6. There shall be no advertising of any nature. D. Sunset Beach Waterways (SBW) 1. For greater use by the general public, all channels and public waterways in existence as of February 2, 1965 (on which date, by Resolution 65-112, the Orange County Board of Supervisors established the channel widths) shall be maintained and operated as public waterways, subject to Sections 5 through 11 of the Codified Ordinances and Codes governing County waterways. They shall be properly bulkheaded to prevent erosion and resultant land filling, and dredged to maintain navigable depth and regulated to prevent impediment of channel navigation (as described in Sections 2-2-63 and 2-2-65 of the Orange County Codified Ordinance). All navigable channels shall be retained and maintained at the present width, no part of the channels shall be filled, and no encroachments shall be allowed except for bulkheads, gangways, and docks as provided in item number 2 below. 2. In addition to a Coastal Development Permit from the State, a Harbor Permit (encroachment permit) is required for all existing and proposed bulkheads, gangways, and docks within the Sunset Beach Waterways. Bulkheads not within the SBW will require evidence of sound construction (building permit) concurrent with the application for a a harbor permit for dock and gangway attachments. The right to said permit shall be attached to the property and run with the ownership of the bulkhead frontage. As part of the harbor permit application process, a determination will be made for existing facilities as to whether they are in a state of good repair or a state of disrepair. Docks with inadequate floats resulting in partial submersion, sinking, or listing, broken or October 2010 Page 38 Draft Sunset Beach Specific Plan inappropriate decking material, inadequate supports or improper fastening devices(such as PVC pipe), and illegal and unsafe electrical wiring shall be deemed to be in a state of disrepair. All existing bulkheads, gangways, and docks will require a harbor permit and be brought into a state of good repair within two years of the adoption of amendment dated August 31, 1983. All applications for a harbor permit shall be submitted to the Sunset Beach LCP Board for their review and recommendations prior to the issuance of said permit. 3. To provide greater public use of Sunset Channel from 11"' Street to the northwest end of the channel, the channel encroachment line shall be 20 feet measured from bulkhead face (See Exhibit 3.2, Permitted Encroachment Areas Within Sunset Beach Channel and Exhibit 3.3, Criteria for Sunset Beach Channel Encroachments). Side setbacks for docks shall be two feet from each property line. This provision is intended to replace the pier lines set in Orange County Board of Supervisors Resolution No. 65-112. No deck or structure shall extend over or in front of the bulkhead in any channel, except a four foot by five foot landing or brow shall be permitted to extend past the bulkhead for access to a gangway to docks. 4. To provide maximum public use of inland waterways in the channels running at 90 degrees to Pacific Coast Highway, the channel encroachment line shall be at 40 feet as measured from lot property lines existing prior to January 1, 1965 (see Exhibit 3.2, Permitted Encroachment Areas Within Sunset Beach Channel). 5. All bulkheads, gangways, and docks encroaching on public waterways shall be maintained in a state of good repair at all times. Failure to repair, upon written notice of the Director of Public.Works shall be cause for revocation of the harbor,permit. 6. All harbor permits are subject to inspection by City of Huntington Beach or other regulatory authorities. 7. To meet visitor serving needs, the 11 t" Street public beach shall be retained in its present general configuration, or if reconfigured, shall provide equivalent recreational opportunities and shall be properly maintained. Small boats may be launched at the 11�' Street beach provided there is no use of trailers, sand dollies, or mechanical launching equipment. The launching of boats is specifically prohibited at all other publicly owned properties adjacent to Sunset Channel. 8. Any vessel that is occupied with the intent of being used as a residence is prohibited from using dock facilities or mooring overnight within Sunset Beach. 9. The renting or leasing of.docks adjacent to private residences is permitted provided that one nine foot by 18 foot off-street parking space is provided for each boat for which mooring space is rented or leased. October 2010 Page 39 0 0 o � o y i .Y i f � 00 Channel Ln i n �n re �d L n: r i :- LI x_ r + .. i L 7 Pacific Coast Hwy. LEGEND 40'Channel Encroachment Area a� 20'Channel Encroachment Area Sunset Beach Boundary 0 100 200 400 eet Exhibit 3.2 Permitted Encroachment Areas Within Sunset Beach 0 Draft Sunset Beach Specific Plan Note: Dimensions shown are maximum allowable for landing brow and encroachment area, and minimum allowable for side setback from each property line. This drawing is presented as general criteria for the installation of dock facilities and shall not be used in lieu of plans and specifications per the City of Huntington Beach Municipal Code. I I r LOT j LANDING BULKHEAD{ j BROW I E I 1 ! GANGWAY a z2' 4r PIERIDOCK 2' �Q it I I cr I w j 4 CHANNEL / I 2' FACE OF I I BULKHEAD _ I I I oko i CHANNEL ���CR AREA Exhibit 3.3 Criteria For Sunset Beach Channel Encroachments October 2010 Page 41 Draft Sunset Beach Specific Plan 3.3.4 Parking Requirements Off-street parking regulations, including minimum parking stalls required and bicycle parking, shall be provided in compliance with the City of Huntington Beach Zoning and Subdivision Ordinance Chapter 231 except that: 1. Residential a. Parking stall size for residential uses shall be a minimum of nine feet by 18 feet, whether the stall is covered or uncovered. b. One half of the required parking may be tandem for residential lots having less than 46 feet of street frontage. 2. All Other Permitted Uses a. No owner or tenant shall lease, rent, or otherwise make available to intended users any off-street parking spaces required by this article. b. Parking stalls for commercial uses requiring backing onto public streets shall be prohibited, except where they presently exist. In the case of minor alterations to existing structures, nonconforming parking stalls may remain subject to a Coastal Development Permit. Minor alterations are defined as those that 1) do not increase the intensity of use and 2) do not increase the existing parking capacity. c. Subject to a Coastal Development Permit by the Planning Commission,the off-street parking facilities may be located on separate non-contiguous building sites subject to recorded covenant that would guarantee their continuous maintenance for the uses they serve. Non-contiguous building sites shall be within 470 feet of the site of the uses they serve. d. Up to 50 percent of the required parking for commercial uses may be compact size, eight feet by 15 1/2 feet, subject to a Coastal Development Permit. The point of entry or exit for compact space shall be no closer than 20 feet from the ultimate right-of- way at the street opening. e. One-way accessways shall have a minimum width of 14 feet unless it is a fire lane which requires a minimum of 20 feet. However, see also General Provision 3.2.4. f. Two-way accessways shall have a minimum width of 24 feet. However, see also General Provision 3.2.4. g. The point of exit or entry from any off-street parking space,except compact, may be at the ultimate right-of-way to a street opening. h. Aisle width requirements of the City of Huntington Beach Zoning and Subdivision Ordinance shall.prevail, except that one-way aisles with parallel parking on one or both sides shall be a minimum of 12 feet. October 2010 Page 42 Draft Sunset Beach Specific Plan i. Up to 40 percent of the required parking spaces may be tandem parking subject to a Coastal.Development Permit by the Planning Commission. j. Subject to a Coastal Development Permit by the Planning Commission, a reduction in the number of required parking spaces may be allowed for uses which utilize shared parking site between uses that have different peak parking periods. 3. Minimum parking stalls required by specific use within Sunset Beach are set out as follows: Use Stall Required a. Automobile, truck, boat, trailer, or 1 space for each 400 sq.ft. of gross similar vehicle sale or rental floor area, except area used establishments. exclusively for storage or loading and 1 space for each 1000 sq. ft. of outdoor sales, display, or service area. b. Automobile service stations. 2 spaces for each lubrication stall, rack, or pit, plus 1 space for each gasoline pump outlet C. Beauty shop or barber shop. 2 spaces for each of the beauty station or barber chair d. Child care center, day nursery, 1 space for each staff member, plus 1 preschool, or nursery school. space for each 5 children or 1 space for each 10 children where a circular driveway or its equivalent designed by contiguous flow of passenger vehicles for the purpose of loading and unloading children. e. Commercial boat docks. 1 space for each 35 feet of boat dock or boat mooring with a minimum of 1 space per boat. In addition, where commercial docks are used to load or unload passengers on a commercial or fee basis,there shall be 1 additional onsite parking space required for each 2 passenger or passenger capacity of the boat. October 2010 Page 43 Draft Sunset Beach Specific Plan f. Commercial service 1 space for each 400 sq. ft. of gross establishments, repair shops, floor area, except floor area used motor vehicle repair garages, and exclusively for storage or loading, plus similar establishments. 1 space for each 500 sq. ft. of outdoor sales, display, or service area. g. Dance halls, pool or billiard parlors, 1 space for each 3 persons allowed roller or ice skating rinks, exhibition within the maximum occupancy load as halls, including private clubs and established by local, County, or State lodge halls. fire, building, or health codes, or 1 space for each 75 square foot of gross floor area,whichever is greater. h. Food store, grocery store, 1 space for each 225 sq.ft. of gross supermarket, or similar use. floor area. i. Furniture store, appliance store, 1 space for each 500 sq. ft. of gross machinery rental, or sale store floor area, except floor area used (including motor vehicle rental or exclusively for storage or loading, plus sales), and similar establishments 1 space for each 500 sq. ft. of outdoor which handle only bulky sales, display or service area. merchandise. j. General office and other business 1 space for each 250 sq.ft. of gross technical service, administrative or floor area professional offices including real estate. k. General retail stores, except as A space for each 225 sq. ft. gross floor otherwise noted. area. 1. Laundromats. 1 space for each 4 machines. M. Medical/dental office or clinic. 1 space for each 150 sq.ft. of gross floor area n. Motel or hotel. 1 space for each guest unit. 2 spaces for any unit having facilities other than bathroom, e.g., kitchen, wet bar; etc. o. Private golf course, swim club, 1 space for each 4 persons based country club, tennis club, recreation upon maximum capacity of all facilities center, or similar use. capable of simultaneous use as determined by the staff, plus 1 space for each 2 employees. October 2010 Page 44 Draft Sunset Beach Specific Plan p. Residential. 2 spaces for each dwelling unit q. Restaurants, night clubs, bars and 1 space for each 100 sq.ft. of serving similar establishments for the sale area. There shall be a minimum of 10 and consumption of food and spaces on-site without regard for the beverage on the premises. sq. ft. of service area. r. Tennis courts, open to the public. 2 spaces for each court. S. Veterinary hospital. 1 space for each 150 sq.ft. of gross floor area. t. Other. All other uses shall be defined by the City of Huntington Beach Zoning and Subdivision Ordinance. 3.3.5 Fences and Walls For purposes of this section, "fences and walls" include any type of fence, wall, retaining wall, sound attenuation wall, or screen. Fences/walls shall be in compliance with the following regulations. However,walls that are located within the interior of an approved tract map and are part of the initial development of that tract map shall be exempt from these regulations. Subsections'A" and "Y only shall also apply to hedges, or thick growth of shrubs, bushes, or trees. Fence/wall heights shall be measured from the base of the fence/wall to the top on interior or exterior side, whichever is greater. 1. Main building area. In the area where a main building may be constructed, the district building height regulations apply. 2. Setback areas bordering streets. a. The maximum height shall be three and one-half feet within any required front setback area and six feet within any rear or side setback area (through which no vehicular access is taken) adjoining a street, up to a maximum depth of 20 feet. b. That portion of a building site where vehicular access rights have been dedicated to a public agency may have a six feet high fence/wall. c. Fences/walls that border major arterial highways may be six feet high and as high as eight feet if. i. The major arterial is elevated two feet or more above the building site elevation, or ii. The exterior side measurement of the wall is not more than six feet in height. October 2010 Page 45 Draft Sunset Beach Specific Plan 3. Setback areas not bordering streets. The maximum height shall be six feet within any required front, rear, or side setback area not adjoining a street. However, where the elevation of an adjoining building site to the side or rear is higher than the base of the fence or wall in the side or rear setback area, the height of the fence or wall may be measured from the elevation of the adjoining building site to the top of the fence or wall. However, in no case shall such a fence or wall exceed eight feet from the base of the fencelwall to the top as measured from the adjoining site. 4. Access intersection areas. Notwithstanding "2"above, the maximum height shall be three and one-half feet within five feet of the point of intersection of: a. An ultimate street right-of-way line and an interior property line; b. An ultimate street right-of-way line and the edge of a driveway or vehicular accessway; c. An ultimate street right-of-way line and an alley right-of-way line; and d. The edge of a driveway or vehicular accessway and an alley right-of-way line. 5. Street intersection areas. Notwithstanding "2" above, the maximum height shall be three and one-half feet within the triangular area formed by drawing a straight line between two points located on, and 15 feet distant from, the point of intersection of two ultimate street or highway right-of-way lines extended. 6. Modifications permitted. Exceptions and modifications to the fence and wall height provisions may be permitted subject to the approval of a conditional use permit by the Zoning Administrator per the Huntington Beach Zoning and Subdivision Ordinance. 3.3.6 Sign Regulations All references to this section shall include Section 1 through 9. 1. Purpose The purpose of this section is to establish standards for the control of signs in Sunset Beach that require protection of vistas of the natural landscape, scenic corridors and highways, recreational facilities, and routes used for access to recreational areas and facilities. The intent of these regulations is to minimize the number of signs and to encourage the use of sound planning and design principles in the use of signs to complement the main use of the property. Also to promote the visitor-serving October 2010 Page 46 Draft Sunset Beach Specific Plan commercial/recreational facilities designed to enhance public opportunities for coastal recreation. 2. General Provisions a. Uncertainty. Whatever uncertainty exists as to the intent or wording of this article, the Sunset Beach Local Coastal Program Review Board shall be consulted to make an interpretation. The decision of the Planning and Building Director shall be final unless appealed. Appeals will require the filing of a Coastal Development Permit for a public hearing. b. Except for special event signs, all permitted signs shall be located on the same site as the use they identify or the goods they advertise. Exception—Special event signs may be located off-site with the approval of the City of Huntington Beach. 3. Permitted Permanent Signs a. Business sign: A sign displaying information pertaining to goods or services offered or produced by the business located on the property but not including advertising devices/displays. Business signs may include the identifying name of a business. b. Civic activity sign: A bulletin board customarily incidental to places of worship, libraries, museums, and other public institutions. c. Identification sign: A sign identifying the name and symbol/insignia of an existing or future community, building, business, facility, organization, person, etc. 4. Permitted Temporary Signs Temporary Signs are permitted in any district(except where prohibited). A Coastal Development Permit will not be required if the sign does not exceed the height of existing structures on a site. a. The following signs are permitted: i. Real Estate signs: In any area one real estate sign shall be permitted on any building site or business property, not to exceed four square feet in area, unlighted and unilluminated. ii. Construction signs: One construction sign shall be permitted on any building site, in any area, except where specifically prohibited, unlighted and unilluminated and not to exceed a total area of 16 square feet. b. Upon review and recommendation of the LCP Review Board and approval of the Planning and Building Department, the following signs are permitted: i. Special Event signs: For community sponsored events such as the Firemen's Ball, Chili Bean Feed, Art Festival, and Pancake breakfast, etc. October 2010 Page 47 Draft Sunset Beach Specific Plan ii. Portable signs: One portable sign shall be permitted on any building site zoned for commercial use, unlighted and unilluminated and not to exceed a total of 16 square feet or five feet in height. Portable signs are not allowed in any road or pedestrian right-of-way. 5. Prohibited Signs a. Signs which resemble or conflicts with any traffic-control device or conflict with safe and efficient flow of traffic. b. Signs which create a safety hazard by obstructing clear view of pedestrian and vehicular traffic. c. Outdoor advertising signs (e.g. billboards). d. Advertising device/display. e. Banner signs. 6. Sign Definitions Except as defined by these regulations, signs shall have the same definitions per the Zoning and Subdivision Ordinance Chapter 233. 7. Lighted/illuminated Signs Lighted and illuminated signs shall be designed and installed so that direct light rays shall be confined to the premises. 8. Signs Abutting Residential Areas On the ocean side of Pacific Coast Highway business and identification signs facing the ocean are permitted providing they are no more than 32 square feet in area. If lighted, it shall be by external lighting only with the rays directed on the sign face only. 9. Sign Measurements a. Sign Area: The entire area within which a single continuous perimeter of not more than eight straight lines enclose the extreme limits of writing. Signs shall not exceed one square foot of sign area for each linear foot of building frontage. The total aggregate sign area for such signs shall not exceed 125 square feet for each property. If the building frontage of any business is less than 25 feet, only one sign, having a maximum area of 25 square feet, shall be permitted for each such business. Signs for the purpose of identifying public access to the Ocean/Beach located at Anderson/Pacific Coast Highway and at Warner shall not exceed four square feet. October 2010 Page 48 Draft Sunset Beach Specific Plan b. Sign Height: The greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign. Signs shall not exceed the building height limit of the district in which they are located. i. Pole and roof signs: Maximum height 25 feet. ii. Wall signs: Maximum height 35 feet. 3.3.7 Accessory Uses and Structures In addition to the principal uses and structures expressly included in the Specific Plan, accessory uses and structures which are customarily associated with and subordinate to a permitted principal use on the same building site and which are consistent with the purpose and intent of the Specific Plan are permitted. Whenever there is a question as to whether a specific use or structure is permitted as an accessory use, the Planning and Building Director shall make the determination. 1. Discretionary action required. Accessory uses and structures shall be subject to a discretionary action per Section 4.2 when one or more of the following apply: a. Required by other zoning regulations, or b. The principal use is subject to a discretionary permit and the accessory structure is over six feet in height. 2. Location of certain attached accessory structures. Accessory structures that are attached to a main building, are enclosed, and are over eight feet in height shall comply with the setback requirements for a main building, except as provided in Section 3.3.7. 3. Location of other accessory structures. Accessory structures other than in "2" above shalt be permitted anywhere on the building site except within the following areas, unless otherwise permitted by Section 3.3.7 a. Within the ultimate right-of-way. b. Within the area designated on an approved building line plan as a setback area applicable to accessory buildings. c. Within those areas where fences and walls are limited to a maximum height of three and one-half feet, as specified in Section 3.3.5. d. Within the required front setback area unless provided for by a coastal development permit approved by the Zoning Administrator. October 2010 Page 49 Draft Sunset Beach Specific Plan e. Within the panhandle portion of a panhandle building site. 4. Height Limit Accessory structures that are within the required setback areas shall be limited to 12 feet in height, unless it is within three feet of a property line, in which case it shall be limited to eight feet in height. However, the height limit may be increased pursuant to a variance approved by the Zoning Administrator. 5. Building site coverage within setback areas. Accessory structures shall be limited to the following site coverage within the required setback area: Required Setback Area Enclosed Structure Unenclosed Structure Front 0% 0%* Rear 25% 50% Side 25% 50% *Note: Up to 25 percent building site coverage of the required front setback area shall be allowed for unenclosed structures if provided for by a coastal development permit approved by the Zoning Administrator. 6. Garages and carports. When alleys, private streets, or common driveways are provided specifically as vehicular access to garages and carports and when separate access and circulation systems are provided for pedestrians, guests, and emergency vehicles, attached and detached garages and carports may be placed anywhere within the rear setback area except within those areas where fences and walls are limited to a maximum height of three and one-half feet as specified in Section 3.3.5. See also Section 3.3.4.2.g. 7. Satellite dish antennas. Satellite dish antennas shall be permitted in any residential district if one meter or less in diameter and permitted in any commercial district if two meters or less in diameter. 8. Swimming pools. Swimming pools shall not be constructed within three feet of vehicular right-of-way or property line or within those areas described as access intersection areas and street intersection areas per Section 3.3.5. 3.3.8 Flood Plain District The Huntington Beach Zoning and Subdivision Ordinance Floodplain Overlay District Regulations and County of Orange Coastal Flood Plain Development Study as amended are hereby incorporated into the Sunset Beach Specific Plan and shall be applicable as designated by the floodplain map. Finished floor elevations shall also be in compliance with Section 3.3 Site Development Standards. October 2010 Page 50 Draft Sunset Beach Specific Plan ® Administration The methods and procedures for implementation and administration of the Development Standards, as well as the guidelines and other conditions of this Specific Plan are prescribed below. 4.1 Enforcement of the Specific Plan The City's Planning and Building Director shall administer the provisions of the Sunset Beach Specific Plan in accordance with the State of California Government Code, Subdivision Map Act, the Huntington Beach Municipal Code, the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), the City's General Plan and the City's Local Coastal Program. The Specific Plan development procedures, regulations, standards and specifications shall supersede the relevant provisions of the City's Zoning Code (Huntington Beach Zoning and Subdivision Ordinance), as they currently exist or may be amended in the future. Any development regulation and building requirement not addressed in the Specific Plan shall be subject to the City's adopted regulations in effect at the time of an individual request. 4.2 Methods and Procedures The methods and procedures for implementation of the Specific Plan shall be on a project-by- project basis. The adoption of the Specific Plan alone will not require any improvements to the Specific Plan area. Physical improvements will only coincide with the approval of development projects. The Specific Plan is a regulatory document and is not intended to be a Development Agreement. Coastal Development Permits Coastal Development Permits shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. Conditional Use Permits Conditional Use Permits shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. Tentative Maps Tentative Tract or Parcel Map(s) shall be in compliance with the provisions and procedures of the Huntington Beach Zoning and Subdivision Ordinance. Tentative Maps require a Coastal Development Permit. Variances Variances shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. October 2010 Page 51 Draft Sunset Beach Specific Plan Appeals Any decision or determination may be appealed in accordance with applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance. In addition, the majority of Sunset Beach is in an appealable area such that coastal development permits approved by the local jurisdiction may be appealed to the California Coastal Commission. Permitted uses are subject to appeal to.the California Coastal Commission per the Zoning and Subdivision Ordinance if within an appealable area. Certificate of Occupancy Certificates of Occupancy shall be processed pursuant to the City of Huntington Beach Municipal Code. Sunset Beach LCP Review Board The County's Sunset Beach LCP was developed largely through the vigorous efforts of the Sunset Beach community through the LCP Advisory Committee. Subsequent to the County's LCP adoption, the Board of Supervisors designated the Sunset Beach LCP Conformity and Violation Review Board (commonly known as the"LCP Board") as the official citizen's review group in Sunset Beach. The Committee helped identify the community lifestyle and special needs of Sunset Beach. It recognizes the complex needs and limits of planning an area that is 96 percent developed. Coastal Act Policies have been applied with sensitivity to the existing community. The Sunset Beach LCP Review Board provides continuing community participation in the long- term process of implementing the provisions of this Specific Plan. Such process does not replace the current mode of community participation, but provides a centralized forum for obtaining community opinion and for transmitting recommendations to the City. The LCP Review Board's specific function and membership is contained in a separate document titled "Bylaws of the Sunset Beach Advisory Committee (LCP Board)." In addition, the Director of Planning and Building shall forward the following items to the Sunset Beach LCP Review Board: ® All discretionary permit applications, special event permits and harbor permits for review and comment at least 21 calendar days prior to final action by the approving authority. Any changes to floor plans or site plans associated with the discretionary permit shall be resubmitted to the Review Board prior to final action by the City. ® Requests for Special event signs and Portable signs. ® A copy of all Certificates of Occupancy.issued by the City for their records. ® A copy of Certificates of Occupancy and encroachment permits issued for any use of public properties within three days of issuance for their records. October 2010 Page 52 Draft Sunset Beach Specific Plan Nonconforming Uses and Structures Nonconforming uses and structures are subject to the City of Huntington Beach Zoning and Subdivision Ordinance Chapter 236 except as otherwise noted in these regulations. 4.3 Specific plan Amendments The Specific Plan may be amended. The Planning and Building Director shall have the discretion to determine if requests for modification to the Specific Plan are minor or major. Minor modifications may be accomplished administratively by the Director. Major modifications will require the processing of a Zoning Text Amendment and Local Coastal Program Amendment, subject to the City's processing regulations in place at the time of the request. Minor modifications are simple amendments to the exhibits and/or text that are intended to clarify and not change the meaning or intent of the Specific Plan. Major modifications are amendments to the exhibits and/or text that are intended to change the meaning or intent of the Specific Plan. Proposed amendments for both minor and major modifications shall be forwarded to the Sunset Beach LCP Review Board by the Planning and Building Director at least 21 days prior to action by the Planning Commission. 4.4 Severability If any section, subsection, sentence, clause, phrase, or portion of this title, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title, or any future amendments or additions hereto. The City hereby declares that it would have adopted these titles and each sentence, subsection, clause, phrase, or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto may be declared invalid or unconstitutional. October 2010 Page 53 Draft Sunset Beach Specific Plan Appendices Aa Legal Description EXHIBIT A PROPOSED I SUNSE'fl BEACH ANNEXATION(AN 10-___)•• That portion of fiactional Section 24,Township 5 South,Range 12 West,and those portions of fiactional Sections 19 and 30,Township 5 South,Range 11 West,of the San Bernardino Meridian,in the County of Orange,State of California according to the official plat of said land filed in the District Land Office described as follows: Beginning at the northerly terminus of that certain course in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No.920 of said city shown as having a bearing and distance of"South 21°43'12"West,249.39 feet",said northerly terminus also being the most easterly comer of Tract No.21 as per map recorded in Book 9,Page 22 of Miscellaneous Maps,in the office of the County Recorder of said County;thence along said City Boundary Line the following courses: Course 1:South 21*43' 12"West a distance of 249.38 feet, Course 2:South 07°5607"West a distance of 53.74 feet to a point being in a curve concave to the northeast having a radius of 2940 feet;a radial line of said curve from said point bears North 44012'36"East, Course 3:Southeasterlyy a distance of 63.71 feet along last mentioned curve through a central angle of 01°14'30", Course 4:South 47°01'54"East a distance of 279.29 feet.to the beginning of a tangent curve concave to the southwest having a radius of 3060 feet, Course 5:Southeasterly a distance of 195.23 feet along said last mentioned curve through a central angle of 03°39'20", Course 6:South 43°22'34"East a distance of 1599.82 feet to the beginning of a tangent curve concave to the southwest having a radius of 3050 feet, Course 7:Southeasterly a distance of 183.58 feet along said last mentioned curve through a central angle of 03°26'55",to a point on a line parallel with and 30.00 feet southerly, measured at right angles,from the centerline of Los Patos Avenue(Warner Avenue)as said centerline is shown on a map filed in Book 53,Page 40 of Records of Survey in the office of said County Recorder,said point being the most southwesterly comer in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No.3489 of said city;thence leaving said city boundary, Course 8:South 89'51'53"West a distance of 377.41 feet along said parallel line to a point in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1126 of said city,said point also being southeasterly along said City Boundary line 40.61 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of"North 42*2813"West, 1816.06 feet";thence along said City Boundary Line, - 1 - October 2010 Page 54 Draft Sunset Beach Specific Plan EXHIBIT A PROPOSED"SUNSET BEACH ANNEXATION(AN 10-_}°' Course 9:North 43°23'54"West a distance of 40.61 feet, Course 10: South 89*51'53"West a distance of 291.59 feet, Course 11: South 490 1933"West a distance of 344.56 feet to a point in the Mean High Tide Line of the Pacific Ocean as shown on Record of Survey 2010-1097 recorded in Book 241,Page 3 in the office of the County Recorder of said County,said point also being the southeasterly terminus of that certain course shown as having a bearing and distance of'North 41°43'52"West,388.69 feet";thence along said Mean High Tide Line the following courses: Course 12:North 42°3849"West a distance of 388.69 feet, Course 13:North 44°46'59"West a distance of 1085.55 feet, Course 14:North 44°33'21"West a distance of 1283.71 feet, Course 15:North 43°44'38"West a distance of 1709.89 feet, Course 16:North 41023'09" West a distance of 968.62 feet, Course 17:North 47°20'53"West a distance of 703.78 feet to a point in the southeasterly City Boundary Line of the City of Seal Beach,County of Orange,State of California, said boundary having been established as Annexation No.76-1 to said city,said point also. being distant southwesterly along said City Boundary line 368.70 feet from the easterly corner of said Annexation No.76-1;thence leaving said Mean High Tide Line and along said City Boundary Line, Course 18:North 49035'36"East a distance of 368.70 feet to the most easterly corner of said Annexation No.76-1,said corner also being the most southerly comer in said city boundary established as Annexation No.67-1 to said city;thence along said City Boundary Line,. Course 19:North 49*35'36"East a distance of 511.00 feet to the most westerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No.919 of said city,said corner being in a curve concave to the southwest having a radius of 1060 feet,a radial line of said curve from said point bears South 25058'14"West(South 26005134"West per said Ordinance No.919);thence along said City Boundary Line the following courses: Course 20:Southeasterly a distance of 380.17 feet along said last mentioned curve through a central angle of 20°32'58", -2 October 2010 Page 55 Draft Sunset Beach Specific Plan E)MMITA PROPOSED"SUNSET BEACH ANNEXATION(AN 10-�_J9t Course 21:South 43°2848"East a distance of 389.02 feet to the beginning of a tangent curve concave to the southwest having a radius of 1060 feet, Course 22: Southeasterly a distance of 341.40 feet along said last mentioned curve through a central angle of 18°27'12", Course 23:South 25°01'36"East a distance of 63.84 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 24:Southeasterly a distance of 117.68 feet along said last mentioned curve through a central angle of 07°1073", Course 25:South 32°i 1'59"East a distance of 35.23 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 26: Southeasterly a distance of 186.20 feet along said last mentioned curve through a central angle of 11'2958", Course 27:South 43°32'57"East a distance of 563.44 feet along to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 28:Southeasterly a distance of 136.93 feel along said last mentioned curve through a central angle of 08°20'46", Course 29:South 51°53'43"East a distance of 179.28 feet to the most southerly corner of said Ordinance No.919 of said city, Course 30:North 4691'47"East a distance of 323A3 feet to the most easterly corner of said Ordinance No.919 of said city,said comer also being a point along that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No.800 of said city,a distance of 1008.96 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of "North 42°45'00"West,2727.12 feet";thence along said City Boundary Line, Course 31:South 42°28'34"East a distance of 980.00 feet to the most northerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1089 of said city;thence along said City Boundary Line, Course 32:South 46°45' 11"West a distance of 55.00 feet, Course 33:South 43°14'49"East a distance of 375.00 feet, Course 34:North 46�45'11"East a distance of 15.00 feet, Course 35:South 439449"East a distance of 111.77 feet, -3 - October 2010 Page 56 Draft Sunset Beach Specific Plan EXERBIT A PROPOSED"SUNSET BEACH ANNEXATION(AN 10-�_)" Course 36:North 75°4626"East a distance of 33.80 feet along said City Boundary Line to an intersection with that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No.800 of said city,said intersection also being northwesterly along said southwesterly boundary 261.60 feet from the southeasterly terminus of that certain course shown as having a bearing and distance of"North 42°45'00"West and a length of 2727.12 feet";thence along said City Boundary Line, Course 37: South 42°28'34"East a distance of 261.60 feet, Course 38: South 47°13'34"East a distance of 35.00 feet to the Point of Beginning. Containing an area of 133.88 acres,more or less. Attached hereto and made a part hereof is a map designated as EXHIBIT B. SURVEYOR'S CERTIFICATE This proposal was prepared by me or under my.supervision. V � �aw.� q-t3-Zo,o � �► Jeremy L.Vvans,PLS 5282 Date: Expires:December 31,2011 �lgrf OF C � This proposal does meet the approval of the Orange County Surveyor's Office. Dated this day of 201_. By: Raymond L.Mathe,County Surveyor PLS 6185,Expiration Date:March 31,2012 -4- October 2010 Page 57 Resotution No.2010-74 Resolution No.2010-74 EXHIBIT„ PROPOSED "SUNSET BEACH ANNEXATION(AN 10-RI)" That portion of fractional Section 24, Township 5 South,Range 12 West, and those portions of fractional Sections 19 and 30,Township 5 South,Range 11 West,of the San Bernardino Meridian, in the County of Orange, State of California according to the official plat of said land filed in the District Land Office described as follows: Beginning at the northerly terminus of that certain course in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 920 of said city shown as having a bearing and distance of"South 21' 43' 12" West, 249.38 feet", said northerly terminus also being the most easterly corner of Tract No. 21 as per map recorded in Book 9, Page 22 of Miscellaneous Maps, in the office of the County Recorder of said County; thence along said City Boundary Line the following courses: Course 1: South 21°43' 12" West a distance of 249.38 feet,. Course 2: South 07'56'07" West a distance of 53.74 feet to a point being in a curve concave to the northeast having a radius of 2940 feet; a radial line of said curve from said point bears North 44'12'36" East, Course 3: Southeasterly a distance of 63.71 feet along last mentioned curve through a central angle of 01°14'30", Course 4: South 4701'54" East a distance of 279.29 feet to the beginning of a tangent curve concave to the southwest having a radius of 3060 feet, Course 5: Southeasterly a distance of 195.23 feet along said last mentioned curve through a central angle of 03°39'20", Course 6: South 43°2234" East a distance of 1599.92 feet to the beginning of.a tangent curve concave to the southwest having a radius of 3050 feet, Course 7: Southeasterly a distance of 183.58 feet along said last mentioned curve through a central angle of 03°26'55", to a point on a line parallel with and 30.00 feet southerly, measured at right angles, from the centerline of Los.Palos Avenue (Warner Avenue) as said centerline is shown on a map filed in Book 53, Page 40 of Records of Survey in the office of said County Recorder, said point being the most southwesterly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 3489 of said city; thence leaving said city boundary, Course 8: South 89°51'53" West a distance of 377.41 feet along said parallel line to a point in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1126 of said city, said point also being southeasterly along said City Boundary line 40.61 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of"North 42'28'13" West, 1816.06 feet"; thence along said City Boundary Line, - 1 = Resolution No.2010-74 EXHIBIT PROPOSED "SUNSET BEACH ANNEXATION (AN 101QD" Course 9:North 43°23'54" West a distance of 40.61 feet, Course 10: South 89'51'53" West a distance of 291.59 feet, Course 11: South 49°10'33" West a distance of 344.56 feet to a point in the Mean High Tide Line of the Pacific Ocean as shown on Record of Survey 2010-1097 recorded in Book 241, Page 3 in the office of the County Recorder of said County, said point also being the southeasterly terminus of that certain course shown as having a bearing and distance of"North 41'4352" West, 388.69 feet"; thence along said Mean High Tide Line the following courses: Course 12: North 42°38`49" West a distance of 388.69 feet, Course 13: North 44'46'59" West a distance of 1085.55 feet, Course 14: North 44'33'21" West a distance of 1283.71 feet, Course 15: North 43°4438" West a distance of 1709.89 feet, Course 16: North 41'23'09" West a distance of 968.62 feet, Course 17: North 47°20'53" West a distance of 703.78 feet to a point in the southeasterly City Boundary Line of the City of Seal Beach, County of Orange, State of California, said boundary having been established as Annexation No.76-1 to said city, said point also being distant southwesterly along said City Boundary line 368.70 feet from the easterly corner of said Annexation No. 76-1; thence leaving said Mean High Tide Line and along said City Boundary Line, Course 18: North 49°35'36" East a distance of 368.70 feet to the most easterly corner of said Annexation No. 76-1, said corner also being the most southerly corner in said city boundary established as Annexation No. 67-1 to said city; thence along said City Boundary Line, Course 19: North 49°35'36" East a distance of 511.00 feet to the most westerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 919 of said city, said corner being in a curve concave to the southwest having a radius of 1060 feet, a radial line of said curve from said point bears South 25°58'14" West(South 26°05'34" West per said Ordinance No. 919); thence along said City Boundary Line the following courses: Course 20: Southeasterly a distance of 380.17 feet along said last mentioned curve through a central angle of 20°3258", -2 - Resolution No.2010-74 PROPOSED "SUNSET BEACH ANNEXATION(AN 10-01 " Course 21: South 43'28'48" East a distance of 389.02 feet to the beginning of a tangent curve concave to the southwest having a radius of 1060 feet, Course 22: Southeasterly a distance of 341.40 feet along said last mentioned curve through a central angle of 18°27'12", Course 23: South 25'01'36" East a distance of 63.84 feet to the beginning of a tangent curve_ concave to the northeast having a radius of 940 feet, Course 24: Southeasterly a distance of 117.68 feet along said last mentioned curve through a central angle of 07°10'23", Course 25: South 32'11'59" East a distance of 35.23 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 26: Southeasterly a distance of 186.20 feet along said last mentioned curve through a central angle of 11'20'58", Course 27: South 43°3257" East a distance of 563.44 feet along to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 28: Southeasterly a distance of 136.93 feel along said last mentioned curve through a central angle of 08°20'46", Course 29: South 51°5343" East a distance of 179.28 feet to the most southerly corner of said Ordinance No. 919 of said city, Course 30: North 469 F47" East a distance of 323.43 feet to the most easterly corner of said Ordinance No. 919 of said city, said corner also being a point along that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city, a distance of 1008.96 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of 'North 42°45'00" West,2727.12 feet";thence along said City Boundary Line, Course 31: South 42°2834"East a distance of 980.00 feet to the most northerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1089 of said city;thence along said City Boundary Line, Course 32: South 46°45' 11" West a distance of 55.00 feet, Course 33: South 43°14'49" East a distance of 375.00 feet, Course 34: North 46'45'11" East a distance of 15.00 feet, Course 35: South 43°14'49" East a distance of 111.77 feet, Resolution No.2010-74 EXHIBIT PROPOSED "SUNSET BEACH ANNEXATION(AN W-01)" Course 36: North 75°46'26" East a distance of 33.80 feet along said City Boundary Line to an intersection with that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city, said intersection also being northwesterly along said southwesterly boundary 261.60 feet from the southeasterly terminus of that certain course shown as having a bearing and distance of"North 42°45'00" West and a length of 2727.12 feet"; thence along said City Boundary Line, Course 37: South 42°28'34" East a distance of 261.60 feet, Course 38: South 47°13'34" East a distance of 35.00 feet to the Point of Beginning. Containing an area of 133.88 acres, more or less. Attached hereto and made a part hereof is a map designated as EXHIBIT B. SURVEYOR'S CERTIFICATE This proposal was prepared by me or under.my supervision. LAN Jeremy L. 9vans, PLS 5282 Date: Expires: December 31, 2011 OF GA�� � This proposal does meet the approval of the Orange County Surveyor's Office. Dated this day of 201_ By: Raymond L. Mathe, County Surveyor PLS 6185, Expiration Date: March 31, 2012 - 4 - EXHIBIT B Proposed "Sunset Beach Annexation" (AN 10-- .0 1 ) City of Huntington Beach__ 3 I I DRD No.800 .._—..._.._ O �-�4w-,�r�-YlE�a��1� .Io59 ASSESSOR'S PARCEL 9aa' a 9aa I IxI I NUMBERS a '��� a.9 9 x [� • _: ❑/ �.(�. LJ n.�.�.. NO. PN^Ya,•e,"..—1.is Y.1. y . each �-TTT1�' "( I- A t>a-58f-55 5 ,)B-511-N p \ City o11Hu trngton Bea<h� IL+I-li�)33- �P K� 0 D NOv919 "- -�._. a +]D-Sm-RI r ve-sn-aE Meet WLY Comes aY ORO-919 - �-_ _ 1)y r 1'T'�T'�'(�7 I''!_ T__r a I]8-58t-22 V 1711 Sat 42 ,g3♦ tr _J M1 i l / L_-11.11 C WAST"..NO J L. E 1 hS9t-1 w 1)8-511-a0gill MIL PACRC IgMAY ® M.YLY Comes at ORO No.91 PACIFIC OOASf MORNY Ca P Ile-SBt-a A t]8-Slt-OO - pa R )Ra RR3 O 1)8-541-N Y 1M-Sq-M x A PMRO ODASf NItlIwAY R - 17h551-27 2 171l SfNiBEACH k k Ri K F --� I i7B-S51-28 a 1]B-NI-99 1m-su-Oft � iM-SJ2-44 City 91 S9d 8wch - I� �.F k Ki^rTTT- r ns-591-Jf a 1—.1 ANNEX Na 87-1 i w i.l-I � W�,m�l 1 JTI�IPS i. ,� i. 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IS 24VI5'11 ►Aa11C aOAeE Npw1AY 4 «91J91IV E» 270,20' 2! eaes PACXRO OWN Wall 9 9STN'b'E 5 .«O31li'20'» J081 19S.YJ' 24 Ia/10'1J'1 9w 117.58' k R R g _ Q 5 «s 4T22'a1'E» - 1599AY 25 is ua4'!5'EI Je.X, :3.-,�� � g __ k p4tx,Yr+naar7--- S ... � ) 03ww b% lase N hlT wI 9w' I'll BASIS OF BEARINGS _ LYa d 5 S B9StYY W 17l.' 27 IS w12'S1'E - Sa44' iM mt ee,ely We of weal 2 Oe/eec,—le k € I Pt F K R��I�T��� ��IFn�TT I IF=[='jF 1. j Olm be,112e -(N 4248'1J wl Ch ae eatl•aal5wmq.naM+q o olong o15 21'w'13'W ��� c �R � { l-•L��•Llj,f_!i'yu-�Y 9 40.81' 28 105]a'45.1 9w' 1J8.9J' N�4J'2Y51'W 10 (N Mf21 2N.SY 29 IS st'wY4'EI _179.28' e9t S 8951'6J•w 5 51wYw'E FEFEHENCE �1UNC Nm i1 Is 5005'N•w) !H.% w IN 4 M0 a5'EI 32l.IY Q Yes Aa Wb 5 womb'w N Oli E () R[MRO P[A OPD,Na.1121 To att 14 ((M 41.4Y57 nD J5a59' J1 [S 4Y4S'ap'E) 95Aar Q NINANGtON 9f,ACH city of H nl'n9tan B9ach N 42lYw•w 5 427YJf E ORD Na.1126 w ((n 435Y02'W➢ 105455' J2 N W.,45•E> Bb.ar' () d miNTmcroi AG18ar TO are l M'/B'S9'w s 46'w'11'W- 14 It.43'MW:T 1MV b a 4YJy15'o naar I I A—POP 011.N..911 TG Ott N 417Y21' S w1P49•E OF_TNGm aAd 15 (IN 4�'�� 17ar.59' b N'_'Z'> MOO •nw xw 4wm1l4xq 174.+tt+'A mxYpn Palm,4w NIP (()) oO s RA AN No.e7-1 a)5-1 TO Cltt ((N"If IYfI aS 4Td1'15•U Di SEAL BEACH 19 N 41'2Y0/W Omar JS 5 CY3149'E 1f 1.T/ ([ll REODAD PER RS 2(NO-t097,ON NI/3 UNNCCRPORAIEO COUNTY PP 17 [(N 45k5'S5'19)I 70aM b aN 75'JO'ar O baw' <> CORD PEA DRO Na.WEV to ON K RNIIIORY ITte'SJ'w N 7S'w'21 E 1M0iy1 REAM 18 1(N 5070'b'EE lBBM J7 (s w'4Yw E] 2et.51 n 49]3'J5'E s 4218'y4'E «»0.PEA Olio.Xo.920 10 att Of 19 (IN 49]YOa'E)) 5tt.ar 35 IS,47:f0'00'E1 .l1.00' xUXTMOigI BE/.al ----•--_,-----_—._--_.— N 49'b'b'E S 4TYJ4'E 1117 DP C71;;;A/ d1ANCE COUNTY BOUNDARY mAtEtmxi •'�P�T 4A�rnntt TN9 P,N••N aw Preaweo Pe nr w wm my WPe ee" lNR P Goes nual Ux oppawl of iNe oe-Gaunt)S yaJ4 Owe - IXIS P,f,O1 CONTANS A AND EA OF Ib.55 A RCS./ CITY.OF H.U__..Q. BEACH /RIGHT OF WAY ENGINEERING AMC Cd"tt SURYEYVR Proposed "Sunset Beach Annexation" (AN 10--_) JERENY L ANS 5 JT52 DALE: RAriONa L Y ,L5.1312 DATE. E>@rM7i0N ogre oLEmleEw 11,-11'w EIPIRA9aN DAIS: YAACN J+.2012 PREPARED .111E11ED SCAIE DATE AM Mil I'�2a0' it/o8/2010 - Y:�aexmo119ozYpxene_w'aw�snwleyw_10-OS.erq Res. No. 2010-74 STATE OF CALIFORNIA COUNTY OF ORANGE j ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed 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 October 18, 2010 by the following vote: AYES: Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Carchio, Coerper, Hardy ABSTAIN: None C Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #4 ORDINANCE NO. 3901 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING DISTRICT MAPS 21 AND 35 (SECTIONAL MAPS 19-5-11 AND 30-5-11)OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO PREZONE THE SUNSET BEACH AREA LOCATED IN THE COUNTY OF ORANGE TO THE SUNSET BEACH SPECIFIC PLAN WITH COASTAL ZONE OVERLAY(SP 17-CZ) (ZONING MAP AMENDMENT NO. 10-001) WHEREAS, pursuant to California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Map Amendment No. 10-001, which prezones the Sunset Beach Area to the Sunset Beach Specific Plan with Coastal Zone Overlay("SP 17-CZ"); and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That the real property that is the subject of this ordinance is generally bounded by Anderson.Street to the north, the City of Huntington Beach corporate boundaries to the east, Warner Avenue to the south and the Pacific Ocean to the west,which is herein referred to as the "Sunset Beach Area" and more particularly described in the legal description and map attached hereto as Exhibit "A" and, incorporated herein by this reference. SECTION 2. District Maps 21 and 35 (Sectional Maps 19-5-11 and 30-5-11) of the City of Huntington Beach Zoning and Subdivision Ordinance are hereby amended pursuant to Zoning Map Amendment No. 10-001, which designates the zoning for the Sunset Beach Area to Sunset Beach Specific Plan with Coastal Zone Overlay ("SP 17-CZ") as shown in Exhibit `B", the amended Zoning Map, attached hereto and incorporated herein by this reference. SECTION 4. This ordinance shall become effective immediately upon certification by the California Coastal Commission but not less than 30 days after its adoption. 1 09-2351.003/52241 Ordinance No.3901 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1 st day of November , 2010. ay r ATTEST: INITIATE AN APPROVED: City Clerk Director of Tanning and Building REVI E AND APPROVED: APPROVED AS TO FORM: i i Administrator City A orney MN J ATTACHMENTS: Exhibit A: Legal Description&Map Exhibit 13: Amended Zoning Map 2 09-2351.003/52241 Ordinance No.3901 Ordinance No. 3901 EXHIBIT A PROPOSED "SUNSET BEACH ANNEXATION (AN 10-01)" That portion of fractional Section 24, Township 5 South, Range 12 West, and those portions of fractional Sections 19 and 30, Township 5 South, Range 11 West, of the San Bernardino Meridian, in the County of Orange, State of California according to the official plat of said land filed in the District Land Office described as follows: Beginning at the northerly terminus of that certain course in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 920 of said city shown as having a bearing and distance of"South 21' 43' 12" West, 249.38 feet", said northerly terminus also being the most easterly corner of Tract No. 21 as per map recorded in Book 9, Page 22 of Miscellaneous Maps, in the office of the County Recorder of said County; thence along said City Boundary Line the following courses: Course 1: South 21'43' 12" West a distance of 249.38 feet, Course 2: South 07°56'07" West a distance of 53.74 feet to a point being in a curve concave to the northeast having a radius of 2940 feet; a radial line of said curve from said point bears North 44°12'36" East, Course 3: Southeasterly a distance of 63.71 feet along last mentioned curve through a central angle of 01°14'30", Course 4: South 47'01'54" East a distance of 279.29 feet to the beginning of a tangent curve concave to the southwest having a radius of 3060 feet, Course 5: Southeasterly a distance of 195.23 feet along said last mentioned curve through a central angle of 03°39'20", Course 6: South 43°22'34" East a distance of 1599.82 feet to the beginning of a tangent curve concave to the southwest having a radius of 3050 feet, Course 7: Southeasterly a distance of 183.58 feet along said last mentioned curve through a central angle of 03°26'55", to a point on a line parallel with and 30.00 feet southerly, measured at right angles, from the centerline of Los.Patos Avenue (Warner Avenue)as said centerline is shown on a map filed in Book 53, Page 40 of Records of Survey in the office of said County Recorder, said point being the most southwesterly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 3489 of said city; thence leaving said city boundary, Course 8: South 89°51'53" West a distance of 377.41 feet along said parallel line to a point in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1126 of said city, said point also being southeasterly along said City Boundary line 40.61 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of"North 42'28'13" West, IS 16.06 feet"; thence along said City Boundary Line, _ 1J - Ordinance No. 3901 EXHIBIT A PROPOSED "SUNSET BEACH ANNEXATION (AN 10- 1)" Course 9: North 43°23'54" West a distance of 40.61 feet, Course 10: South 89°51'53" West a distance of 291.59 feet, Course 11: South 49°10'33" West a distance of 344.56 feet to a point in the Mean High Tide Line of the Pacific Ocean as shown on Record of Survey 2010-1097 recorded in Book 241, Page 3 in the office of the County Recorder of said County, said point also being the southeasterly terminus of that certain course shown as having a bearing and distance of"North 41°43'52" West, 388.69 feet"; thence along said Mean High Tide Line the following courses: Course 12: North 42°38'49" West a distance of 388.69 feet, Course 13: North 44°4659" West a distance of 1085.55 feet, Course 14: North 44°33'21" West a distance of 1283.71 feet, Course 15: North 43°44'38" West a distance of 1709.89 feet, Course 16: North 41°23'09" West a distance of 968.62 feet, Course 17: North 47°20'53" West a distance of 703.78 feet to a point in the southeasterly City Boundary Line of the City of Seal Beach, County of Orange, State of California, said boundary having been established as Annexation No.76-1 to said city, said point also being distant southwesterly along said City Boundary line 368.70 feet from the easterly corner of said Annexation No. 76-1; thence leaving said Mean High Tide Line and along said City Boundary Line, Course 18: North 49°35'36" East a distance of 368.70 feet to the most easterly corner of said Annexation No. 76-1, said corner also being the most southerly corner in said city boundary established as Annexation No. 67-1 to said city; thence along said City Boundary Line, Course 19: North 49°35'36" East a distance of 511.00 feet to the most westerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 919 of said city, said corner being in a curve concave to the southwest having a radius of 1060 feet, a radial line of said curve from said point bears South 25°58'14" West(South 26°05'34" West per said Ordinance No. 919); thence along said City Boundary Line the following courses: Course 20: Southeasterly a distance of 380.17 feet along said last mentioned curve through a central angle of 20°32'58", -2 - Ordinance No. 3901 EXHIBIT PROPOSED "SUNSET BEACH ANNEXATION (AN 10-0 l)"' Course 21: South 43°28'48" East a distance of 389.02 feet to the beginning of a tangent curve concave to the southwest having a radius of 1060 feet, Course 22: Southeasterly a distance of 341.40 feet along said last mentioned curve through a central angle of 18°27'12", Course 23: South 25'01'36" East a distance of 63.84 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 24: Southeasterly a distance of 117.68 feet along said last mentioned curve through a central angle of 071023", Course 25: South 3291'59" East a distance of 35.23 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 26: Southeasterly a distance of 186.20 feet along said last mentioned curve through a central angle of 11'20'58", Course 27: South 43°32'57" East a distance of 563.44 feet along to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 28: Southeasterly a distance of 136.93 feel along said last mentioned curve through a central angle of 08°20'46", Course 29: South 51°53'43" East a distance of 179.28 feet to the most southerly corner of said Ordinance No. 919 of said city, Course 30:North 469 F47" East a distance of 323.43 feet to the most easterly corner of said Ordinance No. 919 of said city, said corner also being a point along that certain course in the southwesterly boundary line of the City-of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city, a distance of 1008.96 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of "North 42°45'00" West, 2727.12 feet"; thence along said City Boundary Line, Course 31: South 42°28'34"East a distance of 980.00 feet to the most northerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1089 of said city; thence along said City Boundary Line, Course 32: South 46°45' 11" West a distance of 55.00 feet, Course 33: South 43°14'49" East a distance of 375.00 feet, Course 34:North 46'45'11" East a distance of 15.00 feet, Course 35: South 43°l4'49" East a distance of 111.77 feet, - 3 - Ordinance No. 3901 EXHIBI T A PROPOSED "SUNSET BEACH ANNEXATION (AN 10-01 " Course 36: North 75°46'26" East a distance of 33.80 feet along said City Boundary Line to an intersection with that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city, said intersection also being northwesterly along said southwesterly boundary 261.60 feet from the southeasterly terminus of that certain course shown as having a bearing and distance of"North 42°45'00" West and a length of 2727.12 feet"; thence along said City Boundary Line, Course 37: South 42°28'34" East a distance of 261.60 feet, Course 38: South 47°13'34" East a distance of 35.00 feet to the Point of Beginning. Containing an area of 133.88 acres,more or less. Attached hereto and made a part hereof is a map designated as EXHIBIT B. SURVEYOR'S CERTIFICATE This proposal was prepared by me or under my supervision. Jeremy L. 9vans, PLS 5282 Date: Expires: December 31, 2011 � EXPtZ-3f-Zola J, OF CAIa, This proposal does meet the approval of the Orange County Surveyor's Office. Dated this day of 201_ By: Raymond L. Mathe, County Surveyor PLS 6185, Expiration Date: March 31, 2012 - 4 - EXHIBIT B Proposed "Sunset Beach Annexation" (AN 10—"o i) of HuhGngtan Beoch jL ASSESSOR'S PARCEL « TaD - --' k ,. NUMBERS 14.el.r can«of ORD a 910 © P A.P.N / �- '> \ C'ly of�Hunl ngtOn B h� _ r i f 1Fr r A 116-501-56 S I -B31-t 'Nc7 4 FII _ Ijf II iI"�'Tr TT�T�7� i TTi e I7eaB1-21' r Je-Wi-o2 6 �• `_ ' .._.—_..—y - - ri.J LL_Ll_L_ _ c n9-SBI-Tz u 17S-N-. WLr Can..1 ORO No.019 __ 7'7'((I)3'I - -- ! T D tI0-SBI-TJ Y 1JB-511-12 ORDER mma E 17S-501-41 N IJB-SN-46 ( ® PALM CMS IBpMAY � M.S'LV Canty of ORD Ha.91 PACIFIC ODAOE NdMAY NIF F 1]e-661-10 x 1J0-531-08F kFF ® ® Ff IF F C Ild-Sel 16 Y 1J6-511-0I -_�C\\ PMII�E'1CC COW NORWAT r-1F {f$ ��� Z N 176-101-T] T 178-'J31-b � 1 -561-9 BSJ1-09 —_ _ ._ r__..--._r J 1]0-501 R9 0 170-SJ2 Bf 7T' T�jj I 1 111. J CT 1.11 1 — -- x 76-5B1-JD City of SBN. Beach - —J' F F' F 'TI 1 r L 17e-601-31 B I7B-W2-IS �� ANNEx No,67-i f-1- 1kl— I _� TT�Fr IfTI I�I�- FT ITT Fa FF i` �s �a� L F _—F�. a�1� p�L��.1 g` 1.�.�L�L.11.L1T'kL ll. e� JF�1111, Ii I I..14 L z'.-�1J L W M 1JB-501-11 a i7b-eJ2-40 z x f16-581-lS f 1)B-S]2-47 -� D I>B-set-J6 s no-ssz-b PACFlC ' 2''`''� P IM-Set-J7 N LID-S32-49 Na.l eLr can. f - - 1 0 .Ile-xl-le ne-esz-]6 _ AxtElf No.)6-I �. City Of II Beoch _ J ANNPx No,76-1 .p p LEGEND EAsiMC an a.NUNfmcTw 9Fwa ' BWNOARY -MEAN HIGH WRIER(NHw)LINE,JILT 6,-C.PER RS 2010-IO9),RSB 211/J a Li.11 OF SEAL BEACH UNMC NPIrORYCOUNIY � - BaN1pARY IDENTICAL ?P _ _ �Q-/ -------' City a Hwr�lwtcn ewD2(, �_,. _ �Z;J 91AM OE CNYdM11 ORANGE COUNTY 10till Rr ORD No.1059 �---"-< _._.. "� ntin t a( unlin9tmn 6Baal --City oORD Nu9 ADD�o City RES N.7469 Cit w Ci DATA TABLE t.gesaov _ �mJri �' s P BEARING/DELTA RADIUS LENGTH P BEARING/DELTA RADIUS LENGTH _ - --- -- --- ----- --- _` I «s 2rb 12'w» 219l0' xo 12mlYSB9 106o JeD,n ® -© N, t¢ City of Huntington Beach x 11s 0I.6e or w 1ls. Ei M. �, 1-- - r�-- N O 0 4Y @ i J I S 4J2B'-:E- 3 «0111'JO'» 214 8V TT Ent-wi -� m 1060 111.10' � F 1I r �� L_.��.. t_I�-__ ._L_. ..- PKf1C COA9t I6pI0NY $ - 1 «S IJI1151'E» 2790 2! "IB=15 Ei eJM' PAtlRC MA9i NIa1WAY- Q / i 5 «W'J9 M`» JO6O 195.25' 24 IUI'102!'I 9w' 111.a8' - FI -F __ _ _-- O HAD Co y L } I1 IL �yIG_ _ U' Ont - B «s ITTT'.H'E» 1699 ez' Ts Is a2a1'JB'E7 may. z �.LJ� J e y. n1a'wvsvin.anl— ] w'2s'ss• Jana' Am.-A' to 111'2D'51ri 9w' 1BBZD' BASIS CIF BEARINGS x __ _ __ _ __ --- __� __ 17: Ordnww Nu 0«820 Ua,Mq a BeaHnq�of Sa 31'b'17'W g -Ty-�_ CT1.� �1..1L �I Y-�� k IF Tr T1I�1Ik IF�I-T-�'7� �f'�T—�k�T--,r_�� Y EMe el B S 89'el SPX 3I>.11' TI Is ATJ m E SWAY Th.n—H.II d � iI I JAL 1 f LJ`i 1� i F L�i-<-U�• I �•���� �_LL��1 l-E�111 ISL11:-]-LJRL.IJ.J lYJR � -_- ORD Na 1198 9 („112NI! V" w.61' TB pe Owj 9w' Ib.9J' 'i.iM Oe.N a1 6.o�M9. ,Pov.,W (N 8912'2e N) 29I.SB' 29 Is Sr10'2z•EI n9.2e' REFERENCE S 0-VIES,w _ D 51'SJ'4J'E is tRMA a•W7 lH.y, IN-RE.-EI Jz.E1r .._aey of Nuntmgton enou, S 197tl]f w N b'Ji'17'E () RECORD PER ORD.NP.112.TD arc Is ILIA 41w'st W➢ JI [s Iz•b'oo'El 9W.W' aF NUNIMat(M BEAaf Otto No.1126 N 12'"1 IY JeB'B6' S 42'AVw E - ((n 4»2'oi N'il IDes6s' Jz a IeRe'as•E> W.00' f 1 acNCHlmoniicia ec�cn�`o a11 13 14 [[N aJ'Je'21•W)I _- 12W.]I' !J 6 b')1's' J]8.00 {i RECgb PER NU-N. 19 r0 arc b'W w s b'14'4I9'E a N HUnNCRa swag_ NI,N w,i uld I9mB INc u..a m�a Fm m mo-,on,Au a,n IE [(N 4519'41'WA 1I09.BB' J1 a b'TB'IS'F> is.00• (()) RECORD PEA ANNEX Ne,0]-I h 16-1 ro att N 1!'H'J$N N b'b'11'E OF DEAL.BEACH 1. [[N 404C12'Wn 966.12' 35 1ri1T5' 111.1Y N 11'2.J'09'N -__ - S Wt4'49'E E> [[]f REEaia PFR RS TMD-100),R.NI/! -ININDCRPORAMO PP• V it-.2V.,w1 11-Wo' JO <> RCRD PA ORO No o TO att DPiJ ' 'wit ' 1o'I72WW N fNlHlelGtON D 10 lIx eP.ww Ell JBe.JC 28160' N b'JB'JB•E S 42RB'JI'E «»RECORD PER OR0.Na,92o TO att OF 19 ((N bRB'Cd E)) 511.DC !e [S 4no'DD•EI J5.00' HUNT9AOTON BEACH -____-----�------- N 19•!5'Y'E D 4I7rN`E BEAM OF CN.IFORNU/V ORANGE OaMtt BCUNDAR, BJRVEYM'$4TAlELENI m�Ntt amyrSpR'o c TAJRYANT 1'MI pr<paeol was sepses Y»me a unam my wmrnNan y LAyo lnla papesal sass mmt Bw apaewl of fna Oronge County Surroyda 0)Ika MIS PARCEL CCNTAMS A LAND AREA OF)W.W ACRES+/-. rAF --CITY-OF HU—..9TON BEACH / RIGHT OF WAY ENGINEERING s Proposed "Sunset Beach Annexation" (AN 10—__) AVS S 9T82 OAM1: Em RAYYOND L XATHL CaMTV WRKYOR,L.B.7212 DAIS: E:ti.RAnOV DATE OELEWSEA JI,2D11 •Y2'or.• ,A EImIRAFW DAZE MARCH 11.2012 PREPARED CNECKEO SCALE DATE A0.A II/W/PJIO ."'" N:�a11IR:o119oz�Pwao_wm.�.«eVN-ID-as.mq Ordinance No. 3901 i j 3 s jE `-r , � ,i r�fie.:. •. .-� r j fF • M 13en Ci 3 -..- C r , a t { .._ c t t t: .� Channel ln. �' i -c.. / € . e .. .._ n ' �, 3 Mauna-JA Sunset Beach Specific Plan-Coastal Zone Overlay S P 17-cz T.. O z 0 w 0 LEGEND Parcels "`� w Lifvrtnal�on Sen�cci IkpaNnant Huntington Beach Boundary Specific Plan Boundary Exhibit 1 .3 Zoning Map Ord. No. 3901 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on October 18, 2010, and was again read to said City Council at a regular meeting thereof held on November 1,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AWES: Carchio, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Hardy, Coerper ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 11,2010. In accordance with the City Charter of said City Joan L. Flynn,City Clerk My Clerk and ex-officio Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #5 RESOLUTION NO. 2010-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 10- 001 TO AMEND THE LOCAL COASTAL PROGRAM LAND USE PLAN AND IMPLEMENTING ORDINANCES FOR THE REAL PROPERTY GENERALLY LOCATED BETWEEN WARNER AVENUE AND ANDERSON STREET ON EITHER SIDE OF PACIFIC COAST HIGHWAY AND TO REFLECT ZONING TEXT AMENDMENT NO. 10-002 AND ZONING MAP AMENDMENT NO. 10-001 AND REQUESTING CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, after giving notice as prescribed by law, the Planning Commission of the City of Huntington Beach held a public hearing to consider the adoption of the Huntington Beach Local Coastal Program Amendment No. 10-001; and After considering evidence presented at said hearing, the Planning Commission recommended the amendment to the City Council for adoption; and The City Council, after giving notice as prescribed by law, held at least one public hearing on the proposed Huntington Beach Local Coastal Program Amendment No. 10-001, and after considering evidence presented at said hearing, the City Council finds that the proposed amendment is consistent with the Huntington Beach General Plan, the Certified Huntington Beach Local Coastal Program (including the Land Use Plan), and Chapter 6 of the California Coastal Act; and The City Council of the City of Huntington Beach will implement the Local Coastal Program in a manner fully consistent with the California Coastal Act. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the real property that is the subject of this Resolution is generally located between Warner Avenue and Anderson Street on either side of Pacific Coast Highway and consists of approximately 134 acres within unincorporated Orange County ("Subject Property") (Exhibit"A"). 2. That the Local Coastal Program (Coastal Element) is hereby amended to include the Subject Property and establish land use designations for the Subject Property of Residential High Density-greater than 30 units per acre, Visitor Serving Commercial- mixed use overlay, Public, Open Space-Water Recreation and Open Space-Shoreline, along with a specific plan overlay for the entire area (Exhibit "B"); and to reflect text and figure amendments reflective of the additional area in the City, including designating the area as Sub-Area 4L (Exhibit"C"). 3. That the Huntington Beach Local Coastal Program Amendment No. 10-001 include Zoning Text Amendment No. 10-002 and Zoning Map Amendment No. 10-001, a 1 09-2351.006152242 Resolution No.2010-75 3. That the Huntington Beach Local Coastal Program Amendment No. 10-001 include Zoning Text Amendment No. 10-002 and Zoning Map Amendment No. 10-001, a copy of which is attached hereto as Exhibits "D & "E', and incorporated by this reference as though fully set forth herein. 4. That the California Coastal Commission is requested to consider, approve and certify Huntington Beach Local Coastal Program Amendment No. 10-001. 5. That the Coastal Commission Regulations, Huntington Beach Local Coastal Program Amendment No. 10-001 will take effect automatically upon Coastal Commission approval, as required by State law. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of October , 201 0 P Ma REVI AND APPROVED: INITIATE ND APPROVED: i dministrator Director of Planning and Building APPROVED AS TOFORM: City Attorney M _ �__�� Exhibits: A. Location Map B. Amended Land Use Plan(Extract of Figure C-5 of the Coastal Element) C. Amended Local Coastal Program text and figures (in addition to Exhibit"B") D. Zoning Text Amendment No. 10-002 E. Zoning Map Amendment No. 10-001 2 09-2351.006/52242 Resolution No.2010-75 OPEN�\. ■EM9�;t MEMO'�_ NINE BONE USE NEESE SIMON t � u "Y t d j t °6 T s N � � Y fl b ! Resolution No.2010-75 • a ar ► • 1 ! { 'MR M� ej d F ij�re ed�E�ff��''mI Rl�✓i� Ee a.:. © `q4 =9 i8di,¢. .'€€i 6F ,E;Ei a� ig�aa' B6Bp��®B�mC Om!!<��,,e !{� ♦ sra r a :a r� .}�i g ��aY$ti66°ai0.RQ k€[f8 i? 6��V� mmp t ae>me.imm®Smi9b SG � g 'eye°` c�l4�ea�•m meflkK�Bfm� se g ,cn f, � ��os,�£�� � � �a®��i s�YP��m• -Feu s� �.-, ILEGEND c ® RESIDENTLIL RL RESIDENTIAL LOW DENSITY RM RESIDENTIAL MEDIUM DENSITY > > t s ems.+ CN CON04FRCIAL :•• Po PUBLIC(u.&dying d�igauo.) f ra MEXED USE Fq e EOPENSPACE R` f OS-P PARK 43 A.p • RECREATION 6 • DESIGNOVERLAY " t SREMIC PLAN OVERLAY�. f ! t f • _� 0Ft 0.35 is, ��' s { COASTAL ZONE Y � , �. .,.,,ti r j�••f!`l"'A�%„�t�v'.;,....'`;Xx 7'2 r l.,,( ` �4,}..•"',� . r� � i ,�4NAor (( O eC8 ar , � ....•,. �'K�, � 'ti! ! r<. '7j.. Y.,..K,, .. rnelde}iQU a r C ;t a rc / ... ,r f� JJ l r...(f pp \ M � etlnii$eY 1 . � I ~ , i.,�...........,._,_..., `•;"-�*�<l �., y" .", Aihau ` r .��� I ..1�J.^7 L 1.:: ' � ` �, `C� .. •:.am+w.cewr ..'1.5 � v;� {h . Y i1 c 1 LEGEND Residential High Density _. ` Parcels Commercial Visitor-Mixed Use Overlay Right Of Way a' 0 Public Huntington Beach Boundary N 0 Sunset Beach Boundary Open Space-Shoreline �V oS W Open Space-Water Recreation O -sp Specific Plan Overlayw ww. This designation applies to all Land Uses for this area. e' �' mme,hwiwe Ysm�.n.wRe�,a Exhibit 2. 1 Land Use Plan Resolution No.2010-75 a U w In _ a o U ¢ p ¢ Z Q m c7 a w w / a SEAL WESTMtNSTER BEACH �c BOISAj _ p = O � U O A = z 0 F m m O. in z on zo IFADDEN ' O w EDINGER '— HEIL WARNER FOUNTAIN VALLEY 'SLATER sgNo/Fc TALBERT ocr ,cR cr ELLIS a ¢ _ Q cn s ,.—_ m m 3 -- — - GARFIELD � 1 ~§O YORKTOWN ADAMS INDIANAPOLIS ATLANTA CLAM v b � HAMILTON BANNING COSTA MESA Legend t��LJ!'e.-cs Gity Boundary Coastal Zone COASTAL. ZONE BOUNDARIES �,0 05 rnaN l J O CITY OF HUNTINGTON BEACH COASTAL ELEMENT Z " IV-c _i Resolution No.2010-75 COASTAL ELEMENT TECHNICAL SYNOPSIS Coastal Zone Overview The Coastal Act establishes policies for coastal resource preservation and defines an area where the policies shall apply. That defined area is known as the"Coastal Zone." The Coastal Zone runs the length of the State's shoreline from its Oregon border south to the Mexican border. Huntington Beach is a shoreline community,a portion of which lies within the State's defined Coastal Zone. The City's Coastal Zone boundary runs from the northern City limit at Seal Beach, south mine approximately 9.5 miles to the Santa Ana River at the Huntington Beach/Newport Beach boundary. It extends inland from the mean high tide line from 1,000 yards to over one mile in some areas. The Huntington Beach Coastal Zone encompasses approximately five 5_2 square miles of land and water,or about se even 19 percent of the total area of the City. The Huntington Beach Coastal Zone boundary is shown in Figure C-2. The Huntington Beach Coastal Zone includes a wide variety of land uses. Open shoreline, parks and recreational facilities,habitat areas,residential,commercial and industrial uses,as well as, energy and oil extraction facilities currently exist in the Coastal Zone. At the north end of the Coastal Zone is Huntington Harbour, a man-made residential marina with commercial centers and residences oriented toward the waterways, and the community of Sunset Beach,a primarily residential area with an expansive leach and a variety,of commercial uses. South of Huntington Harbour and Sunset Beach is the Bolsa Chica area which is presently undeveloped and unincorporated, but lies within the City's Sphere of Influence for potential future annexation. Further south, and adjacent to the Bolsa Chica, is a large undeveloped area of land, part of which is presently in oil production. The Seacliff residential development and golf course lie to the north. Next is the City's downtown area,which over the last ten years has been transformed through re-development into the primary activity node in the City for both residents and visitors. The downtown area includes,among other things,the Municipal Pier and Plaza, destination resort facilities,and a wide variety of visitor serving amenities and activities. At the south end of the Coastal Zone,a major electrical power plant dominates the surrounding shoreline,while nearby,a large sewage treatment facility processes waste from throughout the County. These facilities are near restored coastal wetlands that serve as habitats for numerous wildlife species, including the endangered California least tern and Belding's savanna sparrow. The following paragraphs describe, in more detail,the City's Coastal Zone; its existing land uses, proposed land use plan and coastal resources. For purposes of discussion,the Coastal Zone is divided into sub-zones. Figure C-4 depicts the Coastal Zone and its five sub-areas. Figures C-5 through C-9 depict individual sub-areas and proposed land uses. Land use category definitions and listings of permitted uses and densities per land use category are provided in Table C-1. Section 4 provides an overview of the issues that must be addressed in the Coastal Zone to comply with Coastal Act policy. Section 5 provides specific policies that the City will follow in order to preserve and enhance its coastal resources and amenities, and Section 6 provides an overview of implementation actions and regulations to carry out the policies. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-9 Resolution No.2010-75 COASTAL ELEMENT Sub-Area Descriptions and Land Use Plan Zone Y—Huntington Harbour and Sunset Beach This area includes the City's.Coastal Zone between Warner Avenue and the northeastern City limits. (Figure C-5.) Existing Land Uses Inland(Pacific Coast Highway and areas north to the Coastal Zone boundary.) Huntington Harbour is an 860 acre residential,man-made marina that occupies the majority of this zone. The Huntington Harbour development is primarily residential with approximately 4,000 residential units, including single family homes,condominiums and apartments all oriented around the three mile network of navigable channels. Sunset Beach is an approximately 134 acre residential and beach community,a limited portion of which is inland of Pacific Coast Highway. The inland portion consists of residential and commercial uses, Sunset Channel and 11th Street Beach. Zone 1 also includes three commercial centers(one neighborhood serving and two visitor serving)with retail services,overnight accommodations and eating establishments. Public facilities include seven neighborhood parks,a fire station=11th Street beach and three boat ramps. A private yacht club and a private racquet club are also located here. Coastal(Seaward of Pacific Coast Highway) This portion of Zone 1,...";..h i a.. consists of Sunset Beach, does not lie=,,ithi the G w eer-pofate limits and , .which is developed with 700 residential units,the m;Mority of which are located seaward of Pacific Coast Highway. This portion of Sunset Beach also includes various visitor serving commercial uses, the approximately 58 acre public beach and a 13 acre greenbelt (linear¢nark)/public parking facility,with public restrooms and a tot lot. Coastal Element Land Use Plan Inland(Pacific Coast Highway and areas north to the Coastal Zone boundary.) Zone 1 is primarily built out,consistent with Coastal Element Land Use Plan designations. The land uses permitted in this zone are summarized below and include residential,commercial and open space. This The inland portion of this zone also includes Community District/Sub-areas 4A, 4L, 8A and 8B. The Community District and Sub-area Schedule shown in Table C-2 further defines permitted uses,density/intensity and design and development standards. Coastal(Seaward of Pacific Coast Highway) The Coastal Element Land Use Plm does not address this afea which is outside City limits. This 2ortion of Zone 1 is also primarily built out, consistent with Coastal Element Land Use Plan designations. The Hand uses permitted in this zone are summarized below and 'include residential,commercial, public and open space. This zone also includes Community District/Sub-area 4L. The Community District and Sub-area Schedule shown in Table C-2 further defines permitted uses,density/intensity and design and development standards. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-10 Resolution No.2010-75 COASTAL ELEMENT ZONE 1—LAND USE DESIGNATIONS RESIDENTIAL RL 6.5,RL-7,RM-15, RMH-25,RH-30 COMMERCIAL CG-F 1,CV-F2-d,CN-F 1, CV-mu MIXED USE M-s PUBLIC P-OS-CR,P OPEN SPACE OS-P,OS-W ZONE 1—SPECEFIC PLAN AREAS Huntington Harbour Bay Club Sunset Beach ZONE 1—GENERAL.PLAN OVERLAYS 4A,4 ,8A, 8B See Table C-1 for land use category definitions. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-Ii Resolution No.2010-75 COASTAL ELEMENT COASTAL.ELEMENT LAND USE PLAN LAND USE,DENSITY AND OVERLAY SCHEDULE TABLE C-1 (continued) OA CHARAJCT CATIECYY Specific Plan-sp Permits underlying land uses and requires that a Specific or Development plan be formulated for large scale,mixed-use multi-phased development projects which provides greater specificity for land use and infrastructure plans,design and development standards,and phasing/implementation. Any portion of a new or amended Specific Plan.within the coastal zone must be submitted to the Coastal Commission as an amendment to the City's certified local coastal program and shall not become effective until certified by the Coastal Commission. Pedestrian.District Permits underlying land uses and requires conformance to land use -pd (restrictions on non-pedestrian active uses)and design standards(e.g.,siting of building frontages)to ensure high levels of pedestrian activity along the street frontage. Historic District Permits re-use of existing historic structures for the underlying land uses -h provided that the re-use is consistent with the standards and policies of this LCP. Residential Mobile Permits the density of an existing mobile home park;located within a Home Park—rmp residential low density designation,to exceed the underlying density of seven(7)units per acre. The maximum density of the mobile home park shall not exceed the existing density of the mobile home park. Mixed Use Permits the development of residential eases in conjunction with -emu the underlying commercial designation. The overlay permits the development of horizontally or vertically integrated mimed use projects(housing with commercial uses). The design and density for a mixed use proiect shall be as shown on the Pieures C-5 through C-9 or as set forth in a Specific Plan. If a mixed use proiect is not proposed,then the density of the underlying commercial desiggation shall be utilized. Special Design Permits underlying land uses in accordance with special design standards Standards—d provided that the special design standards are consistent with the standards and policies of this LCP. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-33 Resolution No.2010-75 COASTAL ELEMENT COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2(continued) Subarea Characteristic Standards and Principles 4K Design and 5) within the southern grove ESHA buffer only—a water quality Natural Development Treatment System may be allowed so long as it is located in an area that is most protective of coastal resources and at least 246 feet from the ESHA. 6)In addition to the required ESHA buffer described above,grading shall be prohibited within 500 feet of an occupied raptor nest during the breeding season(considered to be from February 15 through August 31); C. Habitat Management Plan shall be prepared for all areas designated Open Space-Conservation which shall include restoration and enhancement of delineated wetlands, wetland and habitat mitigation,and establishment of appropriate buffers from development D. Protective Fencing: Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas. 4L Permitted Uses Category: Residential High Density ("RH"), Commercial Visitor Sunset Beach ("CV"), Shoreline("OS-S"), Water Recreation ("OS-WR") and Putbiic ("P")uses pursuant to the Sunset Beach Specific Plan(SP 17) Densit Ilntensit Pursuant to the Sunset Beach S cific Plan LSP 17 Design and Category:Specific Plan("_sp")and Mixed Use("-mu") Development a Requires the conformance with a specific or master plan. ® Mixed Use Overlay for the CV area for the allowance of residential uses pursuant to the Specific Plan 8 Area wide Maintain and establish commercial centers to serve surrounding residential Commercial Functional Role neighborhoods and the greater community. Nodes 8A Permitted Uses Category: Commercial General("CG") Community 0 Commercial uses permitted by the"CG"land use category_ Commercial Density/intensity Category: "-Fi" ® Height: two(2)stories Design and . Design to achieve a high level of quality in conformance with Policy LU Development 10.1.4.and Policy LU 101.12 8B Permitted Uses Category: .Commercial Neighborhood("CN") Neigh- Commercial uses permitted by the"CN'land use category. borhood Commercial Density/intensity Category: "-Fl" ® Height: two(2)stories Design and Design to achieve a high level of quality in conformance with Policy LU Development 10.1. 10 THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-CA5 Resolution No.2010-75 o� P 7 Fa. 9di ^ mac G_ , • ..�. f�i�d Paws \S Q� ca as �c l sd /� 0a 8 f / • o 9 4A If�� 813 • ` , LEGEND pacific ocean City Boundary Beach Boulevard Coastal Zone PCH Coastal Corridor Boundary ® Regional Commercial Core HUNTINGTON BEACH SUB-AREA MAP CITY OF HUNTINGTON BEACH COASTAL ELEMENT 9y Resolution No.2010-75 COASTAL ELEMENT TABLE C-3 Public Parking Op rtunities within Coastal Divisions Coastal Free Metered Total Zone Division Parking Parking Parking Parking i re C4 Location Spaces Spaces Spaces Comments Zone 1 PCH{on-street}# 300 300 Peter's Landing 630 630 HH Yacht Club 76 76 $1.00/hour Sunset BeachA 672624 672624 4 hr. maximum Zone 2 Bolsa Chica State Beach 2200 2200 $5.00/day PCH on-street) 324 324 $1.50/hour Zone 3 PCH(on-street) 260 260 $1.50/hour Surf Theatre Lot 39 39 Permit Only Zone 4 Pier Plaza 421 421 $1.50/hour Main Promenade 815 815 $1.50/hour PCH(on-street) 486 486 $1.50/hour Business Streets 206 206 $1.501hour Residential Streets 218 218 $1.50/hour City Beach Lot 250 250 $1.50/hour City Beach Lot 1813 1813 $7.00/da Zone 5 HB State Beach 1200 1200 $5.00/day PCH/River(inland) 110 110 PCH/River(ocean) .75 75 Beach Blvd.(1600' 83 83 $1.50/hour inland) Newland to channel 75 75 Magnolia to channel 81 81 Brookhurst to 22 22 channel 'DOTAL 4-,W1,917 8,481 10,446398 Note: *Mest or-all leeated otitside of the City's Coastal Zene*eundaf:�- Commercial Parking Much emphasis has been placed on providing adequate parking for commercial facilities in the Coastal Zone to ensure that commercial parking demands do not negatively impact recreational beach user parking. This issue was especially significant when planning for the re-development of the City's Downtown area into a dense node of visitor serving commercial facilities. The unique parking issues of the Downtown area have been resolved through the development and implementation of the Downtown Huntington Beach Parking Master Plan(see Technical Appendix). The Downtown Huntington Beach Parking Master Plan was adopted in 1993 and provides for shared parking facilities including on-street parking, lots and nearby municipal parking structures. Annual reports and modifications of the Master Plan, if needed,will serve to ensure that adequate parking facilities are provided for existing and planned commercial uses in the Downtown area. Other commercial areas within the City's Coastal Zone, but outside the downtown area, meet their parking needs through implementation of the City's Zoning THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-54 Resolution No.2010-75 COASTAL ELEMENT Direct Access The City's nine approximately 9.5 miles of shoreline(including the residential co-op located on the west side of the Pier which is on land leased from the State)are under public ownership and are designated for public recreational use. Consequently,opportunities for direct physical access to the shoreline are excellent. Direct pedestrian access to the shoreline is provided at several intervals along the entire length of the Coastal Zone,including anew shoreline access(a stairway and a handicap access ramp) constructed at Seapoint Avenue and Pacific Coast Highway near the planned Harriett M. Wieder Regional Park. Access to the Huntington Harbour waterways is somewhat limited due to the residential nature of the surrounding area,but could be enhanced through increased public awareness of existing access points. Additional access points may be provided through re- development or when existing uses are improved. Access to the shoreline in Sunset Reach is excellent: there are 27 street-end.locations through the residential areas located every 200 feet along the approximately one mile long beach frontage. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-56 Resolution No.2010-75 COASTAL ELEMENT Public Recreational and Visitor Serving Commercial Facilities Public Recreational Resources Coastal Act policy promotes the protection of coastal resources while accommodating public demand for such resources. Further,Coastal Act policy promotes the protection of recreational and lodging opportunities for low and moderate income persons. Huntington Beach is known internationally for its temperate climate,excellent surfing beaches,and plentiful recreational amenities and opportunities. Consequently,millions of visitors are attracted to the City's shoreline each year(an estimated 9.6 million in 1998). As the general population grows,the demand for year round recreational resources along the coastline will also grow. Coastal Element policy recognizes the City's responsibility to balance the need to provide adequate recreational facilities to serve the greater than local community,while protecting the resources and character of its Coastal Zone. An overview of Huntington Beach's most significant recreational resources is described below. Figure C-16 identifies the location of these resources. Beaches The City's Coastal Zone contains over nine 9_5 linear miles of sandy beach shoreline area encompassing approximately U0 433 acres_ The tlfee four beaches in Huntington Beach are Bolsa Chica State Beach and Huntington State Beach,which are operated by the State Department of Parks and Recreation,and Huntington City Beach and Sunset Beach,which is are operated by the City. Sunset Beach includes approximately 1 mile of shoreline between the City of Seal Beach and Bolsa Chica State Beach. Bolsa Chica State Beach includes six slightly more than five miles of shoreline between Warner Avenue and the Municipal Pier. Huntington City Beach includes approximately one mile of shoreline between the Municipal Pier and Beach Boulevard. Huntington State Beach consists of the two mile shoreline area between Beach Boulevard south to the Santa Ana River. All of the beach area is in public ownership. The entire beach area is designated as open space in the Coastal Element Land Use Map. Recreational'opportunities at the City's beaches are extensive and include activities such as sunbathing,swimming, surfing,bodysurfing, sand volleyball,skin and scuba diving. Huntington Beach is known as one of the best surfing areas on the west coast and has hosted numerous national and international surfing contests. Its renowned surf is a result of the shoreline's long, gradually sloped beach gradient and location in relation to ocean swells. Except for Sunset Beach,Ffire rings are provided for,barbecues and evening camp-fires. Offshore clam beds and a variety of game fish attract divers and surf fisherman to the Huntington Beach shoreline. In addition,the Coastal Bikeway,a regional Class I Bikeway,extends the length of the shoreline in Huntington Beach north to Warner Avenue(it continues south to Newport Beach-affd-nerth to Seal Beach). This paved bikeway provides for bicycle riding,jogging,roller blading,walking and similar activities separated from vehicular traffic. Proposed improvements include widening the existing Coastal Bikeway within Huntington Beach from its existing average width of 12 to 15 feet to twenty feet. There are five small beaches in the Huntington Harbour and Sunset Beach areas The beaches range in size from one-fifth to three quarters of an acre. Non- THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-59 Resolution No.2010-75 COASTAL ELEMENT trailerable boats may be launched from these beaches and some are used for sunbathing,swinnnnning and general beach recreation. Municipal Pier and Plaza The City's Municipal Pier is located at the intersection of Main Street and Pacific Coast Highway and serves as the focal point of the City's Coastal Zone. The Pier,which was re-built and opened in 1992,is 1,856 feet long,30 feet wide and 38 feet above the mean low water level. It is constructed of reinforced concrete. It includes a variety of visitor serving and recreational amenities, including a restaurant,community access booth,lifeguard tower and observation and recreational fishing platforms. Visitors can use the Pier to sight see,stroll,fish and dine. Coastal Element policy,among other things,limits building heights on the pier to a maximum oft stories/35 feet. Coastal Element policy also requires that public access around the entire perimeter of the pier be maintained. Proposed enhancements to the Pier include a funicular/trolley system to transport pedestrians from the Plaza area to the end of the Pier and back. The Main Pier Plaza has more than eight acres of public space located at the base of the Municipal Pier on the ocean side of Pacific Coast Highway,between First and Seventh Streets. The public plaza includes a palm court,a 230 seat amphitheater,a spectator area,accessways to the beach and lawn,restrooms and concessions,bicycle parking facilities and automobile parking. Pier Plaza was designed as a community focal area where public speaking forums, surfing competitions,foot races,outdoor concerts and similar events are held. Parks Other than the sandy shoreline area itself,existing parks in the Coastal Zone include those listed in Table C4 below and depicted in Figure C-16. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-60 Resolution No.2010-75 d V_ 0 2 4 V d � Z � a N O SEAL ] " WESTMINSTER BEACH ° BOLSA o � 1 zo FADDEN Q 4 Z fDlNGER HEM --• WARNER FOUNTAIN VALLEY L ; ,RATER 405 G 2 •TALBERT GFiQy'I f ELLIS a o Q m it Q GARHELD ZZ Legend 6 z YOWTOVVN Cit Bounda _ 2 a Coastal Zan@` ry/ AOAMS n'z jj7 Recreational Rem ur INMANAPOLIS 1.Municipal Pier and Plaza J a TiANTA 2.City of Huntinton Beach City Elea 3.Huntington State Beach 4.Balsa Chica State Beach 5_R.V.canping.sites at beaches w - HAMILrort 2 6.Seactiff Golf Course 5 7_Huntington Harbour waterways BANNING 8.Docks at Huntington Harbour Marina 9.Proposed Orange Coast River Park S` 10_Proposed Harriet M.Weider Regional Park COSTA 11.Booster Park �' MESA 12,Conrad Park J&,CAa 13_French Park 11 lk ti 14.Prince Park 0 f 6e 16.Scabridge Beach Park 16_Tarbox Park CCJJ VC cam' f 17_Trinidad Beach Park "- 18.Manning Park ®Sv✓ 0�F�'ll L1 r�- `" 19.Duff Top Park 20.Bosa View Park r 21.Lower Seadiff Greenbelt �5 -•` ScS ti ,I 'I SIGNIFICANT RECREATIONAL RESOURCES as rn a j CITY OF HUNTINGTON BEACH COASTAL ELEMENT Z Resolution No.2010-75 COASTAL ELEMENT TABLE C-4 Coastal Zone Parks LOCATION SIZE/Acres Zone 1 Booster Park-Baruna and Davenport 4 90.85 Conrad Park-Aquarius and Trinidad 3 02.71 Davenport Beach-4031 (Davenport 0.46 Dr.*** French Park-Venture @ Harbor Channel*** 0:50.33 Humboldt Beach-4141 Humboldt 0.48 Dr.*** Prince Park-Typhoon and Venture 0.22 Seabridge Beach Park-3222 Countess 443.91 Sunset Beach Greenbelt-between N. and S. Pacific Avenues" 6.41 Tarbox Park-Wellington and Melville 0-50.44 Trinidad Beach Park-Trinidad @ Long Lgp.75 Channel*** 11"`Street Beach-11"St. & PCH*** 0.17 Zone 2 Bolsa View Park-Brighton and Crestmoor. 3-02.70 Zone 3 Pattinson Park 3.51 Harriett M. Wieder Regional Park *111.00 Bluff Top Park 20:919.66 Bailey Lewef Seaeliff Cifeeitbelt Island Bay 030.59 and�� Zone 4 Manning Park-Delaware and Detroit 2:52.46 Total Acres 447.4156.65 *At present,49 acres of the I 1 I total are privately owned,to be dedicated,per agreement,at a later date. **The 6.41 acres represents the tot lot, restrooms, walking path and adjacent landscape areas. 1n addition to the park space there are approximately 6.6 acres of public parking. ***Beach Park Proposed parks include the Harriett M. Wieder Regional Park(formerly known as the Bolsa Chica Linear Park)and the Orange Coast River Park. Land for the Regional Park has been identified(approximately one-third has been dedicated and is in public ownership). A development plan for the park has been devised through coordinated efforts between the City and County of Orange. Once developed,the Harriett M. Wieder Regional Park will connect Central Park to the coastline via the Huntington Beach bluffs,at Seapoint and Goldenwest. The Regional Park will provide views and linkages to the Bolsa Chica wetlands as well. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-61 Resolution No.2010-75 COASTAL ELEMENT The Orange Coast River Park is in the early stages of planning at this time. The present conceptual plan for the park is to link parks from inland cities to the coastline via the Santa Ana River trail. The Orange Coast River Park is proposed to extend north from the Santa Ana River, in Huntington Beach,along the inland side of Pacific Coast Highway to Beach Boulevard. Feasibility studies for the park concept are now underway. Coastal Element policy supports and promotes the maintenance and preservation of existing parks,the development of the planned Harriett M. Wieder Regional Park,and further study of the feasibility of the proposed Orange_ Coast River park. Recreational Vehicle Camping The Sunset Vista Camper Facility,located on Pacific Coast Highway in the Huntington City Beach parking lot at First Street, is a City-operated recreational vehicle camping site offering 150 spaces from September 15 through May 31 annually. The facility allows camping immediately adjacent to the beach sand area. In addition,the State Department of Parks and Recreation allocates 50 spaces for enroute overnight camping at both Huntington State Beach and Bolsa Chica State Beach. Campers pay a nominal fee per night and are required to check in after 8:00 p.m.and leave by 9:00 the following morning. The RV spaces made available under this program are for year-round use. The City Beach also offers a similar program for enroute RV camping between June I and September 14, annually. Coastal Element policy promotes the preservation of these opportunities and expansion of the camping program at the State beaches to mirror the overnight program permitted at the City beach parking lot. Trails and Bikeways The City boasts an extensive trail system that can be used by bicyclists,roller bladers,joggers and strollers. The Coastal Zone includes a Class I trail that runs the entire length of the Coastal Zone and is linked to regional bikeways. It also includes several east west bikeways that access the City's Coastal Zone,and a major trail along the Santa Ana River. In addition,the County has plans for a future riding and hiking trail that will extend from the existing riding and hiking trail system in Central Park, which is just outside the City's Coastal Zone boundary, along the proposed Harriett M_Wieder Regional Park to points near the shoreline. The County's Master Plan of Regional Riding and Hiking Trails identifies two regional trails within the City's Coastal Zone: the Santa Ana River Trail and the Huntington Beach Trail. The Commuter Bikeway Strategic Plan(the regional bikeways plan for Orange County)identifies three regional Class I bikeways within the Coastal Zone: the Santa Ana River Bikeway, Wintersburg Channel Bikeway and the Coastal Bikeway. (Figure C-14.) Golf Courses There is one private(no public)golf course in the City's Coastal Zone:Seacliff Country Club. It is an eighteen hole course located on Palm Avenue,west of Goldenwest Street. Huntington Harbour 'Huntington Harbour is an 860 acre residential development oriented around a network of manmade channels located in the northwest comer of the City. The channel system covers a surface area of 225 acres and houses approximately 2,300 mostly private boat slips. The waterways, which are available for public use,provide significant opportunities for boating. Access to the channels is provided in several areas where boats and boat slips may be rented,and by the City operated boat ramps(Percy Dock and Warner Dock)located near the Warner Avenue THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-62 Resolution No.2010-75 COASTAL ELEMENT Fire Station. The Percy Dock also provides City operated parking. An additional boat ramp, French Dock,that can accommodate large boats is available at the Sunset Aquatic Regional Park immediately north of Huntington Harbour within the City of Seal Beach.The entrance to the Huntington Harbour channels is located at the northwest end of the harbor and passes under a bridge at Pacific Coast Highway. Some of the recreational opportunities in Huntington Harbour are private,accessible only to Harbour residents. However,a number of public recreation areas are available. Trinidad Island includes a 2.7 acre greenbelt park(Conrad Park)with a bicycle/pedestrian path,two small vista parks,a fishing dock and a walkway around half the island. A 4.4 3_9 acre City neighborhood park is also located on Seabridge Peninsula. The Harbour area also includes three small beaches and parks accessible to the public. The developed status of Huntington Harbour dictates the current state of public access in the area. In the event that new development,or significant redevelopment, fronting a channel area does occur,the City's Coastal Element policy requires that adequate public access to the waterways be provided. Sunset Beach Sunset Beach is an approximately 134 acre community that extends approximately one mile from Seal Beach at the northwest to Bolsa Chica State Beach at the southeast. It is comprised primarily of public land uses including right-of-way. Only 31 acres of the community are developed with private residential and commercial uses. The majority of the community is located seaward of Pacific Coast Highway and is characterized by the open sandy beach and combination linear park(greenbelt) and public parking facility. This facility contains a tot lot, wallcing path,five public restroom buildings and 624 public parking spaces. Access to the beach is provided at 27 street-end locations, through the residential areas, located every 200 feet along the beach frontage. The inland portion of Sunset Beach includes Sunset Channel,which is connected with the Huntington Harbour channel system,and IIth Street beach,where small boats such as kayaks and canoes may be launched. Boating Facilities Boating facilities in Huntington Beach are primarily provided in Huntington Harbour. Development of a second marina in the City's Coastal Zone is limited by a lack of appropriate sites. Boat storage is provided within the Huntington Harbour Marina and in off-site dry storage areas. City policy allows for boat storage on private residential property if properly screened and accommodated,as well as within industrially zoned areas. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-63 Resolution No.2010-75 COASTAL ELEMENT Visitor-Serving Commercial Facilities The City's Coastal Zone is host to millions of visitors each year. The Coastal Act places a high priority on land uses and facilities that serve the needs of these visitors. Visitor-serving facilities include public and private developments that provide accommodations,food,entertainment and services. The City's Coastal Land Use Plan defines activity nodes where visitor serving uses are concentrated_ The use of concentrated nodes allows the City to capitalize on shared facilities and minimize impacts to more sensitive resource areas in the Coastal Zone. The most concentrated area of visitor serving uses is within the Downtown area near the Municipal Pier. Significant visitor serving facilities within the Coastal Zone are briefly described below. Huntington Harbour/Sunset Beach The Huntington Harbour and.Sunset Beach areas includes commercial uses to serve residents and visitors. Visitor serving commercial uses include hotels, motels,restaurants,retail shops, entertainment and private recreational facilities such as the Huntington Harbour Yacht Club and a fitness/racquet club. .Seacliff Promenade Conceptual Master Plan Area The Seacliff Promenade Conceptual Master Plan Area is bounded by Pacific Coast Highway to the south,Palm Avenue to the north, Seapoint Avenue to the west and Goldenwest Street to the east The planning area comprises approximately 150 acres and is presently under the ownership of PLC Properties and Aera Properties. PLC Properties owns the 56 acre parcel located at the northeastern section of the site. Aera owns the remaining 94 acre portion which fronts Pacific Coast Highway. At this time, the site represents one of the largest,undeveloped contiguous areas in the Huntington Beach Coastal Zone. The planning area is designated in the Coastal Element Land Use Map as Mixed Use-Horizontally Integrated Housing(MH-F2/30(Avg_ 15)-sp),which permits residential,visitor serving commercial and open space uses. A specific plan or plans,as well as,a"conceptual master plan of development", consistent with the Coastal Element Land Use Map,are required before any development may be approved on the site. Per the site's Coastal Element Land Use Map designation,commercial uses will be limited to those permitted by the Commercial Visitor land use category. (See Table C-1,Coastal Element Land Use Plan Land Use,Density and Overlay Schedule,and Table C-2,Community District and Subarea Schedule). The amount and precise location of commercial land that will be included within this planning area will be determined through the conceptual master plan and specific plan preparation and adoption processes. The required master and specific plans are subject to Coastal Commission approval which would be submitted to the Coastal Commission as an LCP amendment that would take effect upon Commission certification. Both are consistent with Coastal Act and adopted City policy noted in this Coastal Element. Pursuant to the adopted Pahm/Goldenwest Specific Plan, it is anticipated that the 94 acre Aera property,which fronts Pacific Coast Highway, will house visitor-serving commercial,open space and recreational/civic uses such as a public museum, with visitor-serving commercial uses having preference. This property is presently used for oil production and is expected to maintain its existing oil activities for the next 15 to 20 years.The 56 acres located in the northeast portion of the planning area and owned by PLC Properties,is approved for up to 315 dwelling units. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-64 Resolution No.2010-75 COASTAL ELEMENT While supply does not appear to be an issue,studies reveal an inadequacy in the amount of emergency and reserve storage and booster pumping capacity for present day and future demands. The City's water storage system consists of the Overmyer Reservoirs Nos. 1,2 and 3 and the Peck Reservoir. All are located within the City,but outside of the Coastal Zone. The Peck Reservoir capacity is 16 million gallons and the Overmyer Reservoirs' combined capacity is 24 million gallons. The reservoirs serve as regulating reservoirs for peak demands and provide storage for planned outages and emergencies. The reservoirs generally fill with water during nighttime low demand periods with imported MWD water or groundwater and drain during the daytime high demand periods. Booster pumping facilities pump water from the reservoir storage into the water distribution system to maintain adequate supply during peak periods to supplement groundwater and MWD water supplies. Improvements to increase the City's water storage capacity will be achieved with the addition of new reservoirs and increased capacity at existing reservoirs. A new Ellis-Edwards Reservoir with a nine million gallon capacity,and a nine million-gallon expansion next to the Peck Reservoir are currently under construction,and an expansion of the Talbert Valley Reservoir site is under consideration. Other new reservoir sites are under investigation, including potential sites within the Coastal Zone.Booster pumping capacity will also be expanded as appropriate,with the new expanded storage. In addition,data acquisition and control systems for water storage will be modernized to allow for enhanced monitoring and control capabilities under both normal operations and emergencies. The City's water distribution system consists of over 480 miles of water lines ranging in size from 2 to 42 inches in diameter. Improvements in the piping system are implemented as older deteriorated or undersized pipes are replaced. This will eliminate flow restrictions and help to accommodate future demands. Coastal Element policy mirrors General Plan policy by calling for an adopted Water Master Plan to be implemented to address identified water storage, booster and distribution system deficiencies. Sanitation Treatment and Sewerage Sanitation Treatment and Sewerage services are provided by the Orange County Sanitation District(OCSD)1 and the City of Huntington Beach Public Works Departme it,Engineer-ing Divisi and the Sunset Beach Sanitary District. Two OCSD treatment plants serve Huntington Beach. Plant No. 1 treats wastewater generated by other cities and the northern portion of Huntington Beach. Plant No. 2 treats the remainder of the City's sewage. The OCSD has developed improvement plans for the plants to serve the needs of the City through the year 2050. This includes buildout of the City's Coastal Land Use Map. The existing sewage collection system consists of major trunk lines, smaller feeder lines,and lift stations. The City's Public Works Department and the Sunset Beach Sanitary District is are responsible for the local level of service while the OCSD is responsible for the regional service. Deficiencies in the City's pipeline and pump station system have been identified through recent studies. The Coastal Zone,specifically the older Downtown area, includes sewage facilities that are dated and in need of maintenance,repair and/or upgrade. In addition,there are numerous sewer lift stations in the City that are in need of repair and/or replacement. Many of these facilities are in the Coastal Zone. The City has identified the deficiencies and has plans in place to correct them. The Sunset Beach Sanitary District has fully lined its main sewer trunk line and has no deferred items. Coastal Element policy mirrors General Plan policy by calling for master plans and capital improvement programs to ensure adequate sewage facilities to meet the demands of permitted development. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-8b Resolution No.2010-75 RESOLUTION NO. 2010-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING ZONING TEXT AMENDMENT NO. 10-002 BY CREATING THE SUNSET BEACH SPECIFIC PLAN(SP 17) WHEREAS, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate public hearings relative to Zoning Text Amendment No. 10-002, wherein both bodies have carefully considered all information presented at said hearings, and after due consideration of the findings and recommendation of the Planning Commission and all evidence presented to the City Council, the City Council finds that such zone change is proper and consistent with the General Plan. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: i. the Sunset Beach Specific Plan is consistena wit' ,ii adopts ?. +-� ,, 1 s Elemne-n of the General Plan, and other applicable policies and is compatible aviti surrounding development. 2. The Sunset Beach Specific Plan enhances the potential for superior urban design in comparison with the development standards under the base district provisions that would apply if the Plan were not approved because the Plan's regulations recognize the existing unique and developed character of the Sunset Beach area. 3. , The deviations from the base district provisions that otherwise would apply are justified by the compensating benefits of the Sunset Beach Specific Plan, which maintains significant and well located public open space and scenic vistas of the Pacific Ocean. 4. The Specific Plan includes adequate provisions for utilities, services and emergency vehicle access and public service demands and will not exceed the capacity of existing and planned systems. S. That the real property subject to this Resolution is generally bounded by Anderson Street to the north, the City of Huntington Beach corporate boundaries to the east, Warner Avenue to the south and the Pacific Ocean to.the west, and is.more particularly described in the legal description and map attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein. 1 09-2351.005i 52244 Resolution No.2010-74 6. The Sunset Beach Specific Plan, attached hereto as Exhibit "A" and incorporated by this reference as thoroughly set forth herein, is hereby adopted and approved. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the 18th day of Octobe>;2010. REVIE 8 IN APPROVED: INITIATE AND APPROVED: City P dmi istrator Director of Planning and Building APPROVED AS TO POR�1,1: C ty Attorney ;,r ATTACHMENTS Exhibit A: Specific Plan No. 17—Sunset Beach Specific Plan Exhibit B: Project Area Map and Legal 2 09-2351.005/52244 Resolution No.2010-74 -Tly-1 IT A 1' �b t r; ry> .-Jun."IM LoWach Egg y �f � ri . . 3- 'anning and BuildingD p r =Gl ( i ainStreet ' i Url Beat , C , zsunset Beach Specific Prepared by: City of Huntington Beach Planning and Building Department 2000 Main Street Huntington Beach, CA 92648 Adopted by City Council• October 18, 2010 Certified by the California Coastal Commission: Table of Contents Page No. 1. Introduction.......................................................................................................................... 1 1.1 Location.............................................................................................................................. 1 1.2 Specific Plan Area Background........................................................................................... 1 1.3 Purpose and Intent..........................:.................................................................................. 4 1.4 Authority and Scope ...........................................................:............... ............................... 4 1.5 Previous County of Orange Approvals for Sunset Beach.................................................... 6 1.6 Previous California Coastal Commission Approvals for Sunset Beach................................ 6 1.7 Consistency with California Environmental Quality Act(CEQA........................................... 6 2. Land Use Plan.................................................................................. ............... 8 2.1 Existing Conditions............................................................................................................. 8 2.2 Land Use...........................................................................................................................10 2.3 Circulation............................ .......................... ................................................................18 2.4 Flooding and Shoreline Structures......... ............................ ......... .......... ....... .....22 5 infrastructure and Utilities ..................................................................................................22 Infrastructure......................................................................................................................22 Utilities................... ................... ....... ................... .......... ........... ............. ............. ......24 3. Development Standards.............................................................s.,,,,..,,4,,,,...,,................,......26 3.1 Purpose .......... .................:.................................................. ............................................26 3.2 General Provisions ......................................................................... .............................26 3.3 Regulations............................................. 3.3.1 Sunset Beach Residential....................................................................................29 3.3.2 Sunset Beach Tourists............................................. ...................... ...................34 3.3.3 Public Facilities....................................................................................................37 3.3.4 Parking Requirements .............................. .............. ........ ...................... ....42 3.3.5 Fences and Walls ................................................................................................45 3.3.6 Sign Regulations..................................................................................................46 3.3.7 Accessory Uses and Structures...........................................................................49 3.3.8 Flood Plain District......................................:........................................................50 4. Administration........................................................................................................................51 4.1 Enforcement of the Specific Plan .....................................................................................51 4.2 Methods and Procedures....................................................:..... ......... ...........................51 4.3 Specific Plan Amendments........................................................................................:.......53 4.4 Severability................................................................ ............53 October 2010 Page i List of Exhibits Page No. Exhibit1.1 Vicinity Map................................................................................................................. 2 Exhibit1.2 Aerial Photograph ....................................................................................................... 3 Exhibit1.3 Zoning Map ................................................................................................................ 5 Exhibit 2.1 Land Use Plan............................................................................................................12 Exhibit 2.2 Scenic Vista Viewpoints ............... .........................................................................15 Exhibit 2.3 Existing Beach Access...............................................................................................16 Exhibit 2.4 Typical Section...........................................................................................................21 Exhibit 3.1 Specific Plan District...................................................................................................29 Exhibit 3.2 Permitted Encroachment Areas within Sunset BeachChannel....................................41 Exhibit 3.3 Criteria for Sunset Beach Channel Encroachment......................................................42 Appendices.................................................................................................................... A. Legal Description October 2010 Page ii Draft Sunset Beach Specific Plan 1 . Introduction 1.1 Location .Sunset Beach is an approximately 134 acre primarily residential community that stretches 1.2 miles from Seal Beach at the northwest extremity to Bolsa Chica State Beach, with which it is contiguous at the southeast, as shown in Exhibit 1.1, Vicinity Map. It is bordered on the southwest by the Pacific Ocean and on the northeast by the Huntington Harbour and Peter's Landing developments and is in proximity to the Bolsa Chica Wetlands and Sunset Aquatic Park. The entirety of Sunset Beach is located in the Coastal Zone. From the ocean inland Sunset Beach is formed by six successive strips running the length of the community: the beach, the ocean front residences along South Pacific Avenue, the linear park/public parking facility between South and North Pacific Avenues, the residences along North Pacific and side streets, the mixed residential-commercial buildings on both sides of Pacific Coast Highway, and the residences on Sunset Island and adjacent to Park Avenue (Exhibit 1.2, Aerial Photograph). 1.2 Specific Plan Area Background Sunset Beach was established as an unincorporated town on September 8, 1904, governed by the County of Orange. Its formal establishment followed construction of the Pacific Electric Railway (PER). The Newport-Balboa line was the first PER line into Orange County and ran down the coast from Long Beach. The line was extended into Huntington Beach via Seal Beach in Summer 1904. Sunset Beach was laid out along the tracks in 1905. An 80 foot wide boulevard was graded running north to south next to the "Red Car" line, the common reference to PER, and became known as Ocean Boulevard. This thoroughfare was renamed Pacific Coast Highway in 1926. Development of Sunset Beach was similar to that of small coastal communities of the time and was punctuated by various events that helped to shape it to its current form, not the least of which was the rail line and the highway. The other notable change for the area was the development of Huntington Harbour in the 1960s, which transformed marsh and slough into residential islands, a marina and commercial area. Sunset Beach is unique among coastal communities in that 55 percent of its total area, excluding streets, is publicly owned and utilized. Of its almost 134 acres, approximately 74 acres are devoted to public uses, which include the main beach, a combination linear park and public parking facility, Sunset Channel and 11t' Street beach. Approximately 31 acres are developed with residential and commercial uses, and 28 acres are right-of-way (streets). There are 700 residential units in the community developed at a range of densities, with commercial and mixed use developments mostly along Pacific Coast Highway. The community has approximately 1,300 residents. While Sunset Beach is almost built out, remodeling and rebuilding of residential lots occurs on an on-going basis. 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Yd �h. r SP llJ : • 1 � � BeachBoundary 4 x ntington Beach Boundary 1.4 • Draft Sunset Beach Soecltic Plan 1.3 Purpose and Intent This Sunset Beach Specific Plan establishes the development regulations and administrative procedures necessary to achieve orderly and compatible development of the area consistent with the City of Huntington Beach General Plan and Local Coastal Program. The Specific Plan establishes specific zoning and site development standards for Sunset Beach generally consistent with the County of Orange Sunset Beach Specific Plan, dated September 1990. Sunset Beach will be annexed to the City of Huntington Beach. After the annexation and the adoption of the City of Huntington Beach Sunset Beach Specific Plan are effective, the City of Huntington Beach Sunset Beach Specific Plan will supersede the County of Orange Sunset Beach Specific Plan as the effective zoning regulations for the approximately 134 acre Sunset Beach area.' The intent of the Sunset Beach Specific Plan is to provide clear and comprehensive descriptions of land use, circulation, infrastructure and site development standards. The Specific Plan is regulatory in nature and serves as zoning for the Sunset Beach area, see Exhibit 1.3, Zoning Map. The Specific Plan also serves as the implementation plan for the Huntington Beach Local Coastal Program. Development plans and other entitlement requests for the Specific Plan area must be consistent with this Specific flan and the Huntington Beach Cenerai Plar, and Local Coastal Program. 1.4 Authority and Scope The authority to prepare, adopt and implement Specific Plans is granted to the City of Huntington Beach by the California Government Code (Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457). The Specific Plan will be used by the City of Huntington Beach to implement the Huntington Beach General Plan and Local Coastal Program for the Sunset Beach area. The Specific Plan contains all applicable land use regulations and will thus constitute the zoning for the Sunset Beach area. The Development Standards contained in this Specific Plan will take precedence over all other provisions of the Huntington Beach Zoning and Subdivision Ordinance, unless otherwise noted. Local planning agencies or their legislative bodies may designate areas within their jurisdictions as ones for which a Specific Plan is "necessary or convenient" (Government Code Section 65451). A Specific Plan may either be adopted by ordinance or resolution (Government Code Section 65507). Adoption of the Sunset Beach Specific Plan shall be consistent with the provisions of the Huntington Beach Zoning and Subdivision Ordinance, Chapter 215. 1 The County of Orange Sunset Beach Specific Plan lists the acreage for the Specific Plan area as 115 total acres,30 acres of which are the main beach: With the benefit of geographic information systems, and based on current information from the County of Orange and a legal description,the total acreage is now estimated at almost 134,approximately S8 of which are the main beach. October 2010 Page 4 0 0 O y O D ro CD v a` e ma,a ny CD sE any :t:7 - CAunnul Ln-4m Sunset Beach Specific Plan-Coastal Zone Overlap SP17-cz LEGEND Parcels Y y Huntington Beach Boundary Specific Plan Boundary "0 iU Exhibit 1 .3 Zoning Map Draft Sunset Beach Specific Pian 1.5 Previous County of ®range Approvals for Sunset Beach On March 9, 1982, the Orange County Board of Supervisors adopted Resolution No. 82-349, authorizing preparation of a Specific Plan for Sunset Beach. The Land Use Plan, including Development Guidelines, was approved by the Board of Supervisors on May 6, 1981, as an amendment to the Orange County General Plan. The purpose of the County Sunset Beach Specific Plan (SBSPILCP) was to tie together the Land Use Plan and Implementing Actions Program of the County's Local Coastal Program. In January, 1986, the Board of Supervisors directed the Environmental Management Agency (EMA) to prepare an amendment to the SBSP/LCP. Amendment 90-1 to the SBSP/LCP was approved by the Board of the Supervisors by Resolution No. 90-1244 and Ordinance No. 3798 on September 26, 1990. The Sunset Beach area remained an unincorporated "island" while the cities of Seal Beach and Huntington Beach incorporated and annexed adjoining areas. In 2009, the Orange.County Local Agency Formation Commission (LAFCO) placed the unincorporated Sunset Beach area in the City of Huntington Beach's Sphere of Influence, facilitating the annexation of Sunset Beach to the City of Huntington Beach. This proposed City of Huntington Beach Sunset Beach Specific Plan is intended to comply with State law requiring the City to adopt zoning regulations for property("pre-zone") before annexation is approved by LAFCO. 1.6 Previous California Coastal Commission Approvals for Sunset Beach The California Coastal Commission originally certified the SBSP/LCP on October 27, 1983. Subsequently, the Commission certified the amended SBSP/LCP on July, 17, 1991. The Commission retains original permit jurisdiction over development seaward of the mean high tide line. Therefore, it has permitting authority for improvements in/above the ocean and waterway and has issued such coastal development permits in Sunset Beach. This City of Huntington Beach Sunset Beach Specific Plan must be approved by the California Coastal Commission in order to become effective. 1.7 Consistency with California Environmental Quality Act (CEQA) Pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared as part of the Specific Plan approval process. The Initial Study will serve as the basis on which the environmental effects of implementation of the Specific Plan can be ascertained. The Initial Study indicated that a Negative Declaration is the appropriate CEQA compliance tool, and has been prepared as part of this Specific Plan process. All subsequent approvals necessary to develop any property within the Specific Plan area must be consistent with the Specific Plan and within the scope of the Negative Declaration. Additional environmental documentation may be required in the future if new significant October 2010 Page 6 Draft Sunset Beach Specific Plan development is proposed or if significant changes are found to have occurred pursuant to Section 15162 and 15182 of the CEQA Guidelines. October 2010 Page 7 Draft Sunset Beach Specific Plan 2e Land Use Plan The goal of the Land Use Plan is to maintain and enhance the special character of Sunset Beach. The Land Use Plan establishes and designates areas of residential and commercial development that will not impair coastal resources or public access to the coast consistent with the previous County Specific Plan. It identifies the beach, waterway and public parking facilities and policies to preserve them. Preservation of the unique character of Sunset Beach is the fundamental goal from which the Land Use Policies are derived. 2.1 Existing Conditions Sunset Beach is characterized by the unique and valuable commodity of its sandy beach and ocean shoreline. It is also surrounded on its inland side by a system of waterway canals in the Huntington Harbour development. The majority of the Sunset Beach area is designated for public or community use, the largest component of which is the beach. The beach is bounded on the south by Warner Avenue and on the north by Anderson Street, a distance of 6,300 feet. Access to the shoreline is at 27 street-end locations through the residential areas, 35 feet in width, located every 200 feet along the beach frontage. The only recreation facilities on the beach are volleyball nets. Approximately 1,500 feet of the beach is open for surfing. Lifeguard service is provided on a seasonal basis. Outdoor games, swimming, surfing and fishing constitute the major activities at this beach. The area also benefits from a 13 acre linear park/public parking facility, constructed by the County of Orange in the old Pacific-Electric right-of-way, with picnic areas, a tot lot, five restroom buildings, pathways, and 624 parking spaces. This area is also referred to as the "greenbelt." Other notable public uses include the Sunset Channel, 11th Street beach, a post office and a volunteer fire station. The Sunset Beach Community Association also owns and operates a community center, which functions as a quasi-public use. There are no public boat launch sites in Sunset Channel with the exception that nontrailerable boats that can be hand-carried may be launched at the 11th Street Beach. There are no publicly maintained boating facilities within the Sunset Beach area. However, private docks are available in Sunset Channel adjacent to commercial and residential properties subject to the permit process. Private land uses in Sunset Beach are residential and commercial. The residential uses consist of 700 single and multiple family type dwelling units, on typically 2,700 square foot lots, which are well mixed throughout both residential and commercial areas. Densities range from approximately 22 to 45 units per acre. There are approximately 70 commercial establishments. Existing commercial uses range from neighborhood convenience facilities such as markets, to more area-wide facilities such as motels, restaurants, and specialty shops that generally front on Pacific Coast Highway. Because of the compact size and special nature of the Sunset Beach community and the limited area for commercial uses, the convenience facilities and goods provided serve the visitors and tourists as well as local residents. The Sunset Beach area consists of 497 parcels, the beach, and right-of-way. All but four of these parcels are fully developed or used in substantial part by an adjacent parcel for yard area, October 2010 Page 8 Draft Sunset Beach Specific Plan parking or accessory structures. Of the four parcels, three are vacant and one parcel is occupied by a billboard. The.existing residential and commercial areas are 99 percent developed. Sunset Beach exhibits generally low relief with elevations ranging from sea level to five feet above sea level. Erosion of the shoreline in the area has been relatively continuous since the construction of the east jetty of Anaheim Bay in 1944. In 1945, the Navy constructed 600 feet of stone revetment downcoast from the Anaheim Bay east jetty to retard the erosion but had to reinforce it the following year. In 1947, the revetment was further extended and a wood sheet- pile bulkhead established to strengthen the shore road. In the 1940s, 1,422,000 cubic yards of material were placed on the beach. Additional material has been placed along the Surfside- Sunset Beach shoreline on a regular basis over the years and is expected to be needed on an on-going basis. Much of the area northwest of Pacific Coastal Highway was once a marsh and slough and was dredged and redeveloped to establish part of Sunset Island and Huntington Harbour in the 1960s. The development of these communities destroyed the marsh-slough habitat. The developed area of Sunset Beach does not provide a suitable habitat for wildlife or native vegetation because of its highly urbanized character, although certain avifauna may forage on the beach. Along the sandy beaches of the Specific Plan area, plankton, organic detritus, and debris form a primary food source for many of the macroscopic(i.e., large enough to be observed by the naked eye) species of marine animals, such as beach hoppers, sand,crabs, and various species of clams. Also, microfauna could possibly be a food source for invertebrate macroscopic filter feeders. Filter and deposit feeders provide a food source for many fish species such as barred surfperch and California corbina, and also for numerous shore birds such as will ets, whimbrels, dowitchers, plovers, and gulls. In turn, many of the vertebrates, especially the fishes, provide a food source for larger carnivorous vertebrates such as other fishes and mammals. Many invertebrate species are subject to cycles of abundance and rarity on any segment of sandy beach shoreline. The fish species present are frequently taken by in-shore anglers but are not exclusively confined to the shallow water of the open coast sandy beaches; they can also be found in deeper waters, or in bays and harbors, depending on such factors as migratory habits, spawning habits, weather conditions, wave conditions, and currents. Pismo clams are known to exist all along the intertidal and subtidal zones of the sandy beach shorelines from Anaheim Bay Harbor to the entrance to Newport Harbor. This bivalve is an important resource sought by recreational Clammers. The open coast sandy beach in the Specific Plan area and vicinity are spawning habitat for the grunion. Other fish species such as the barred surfperch and California corbina are found.in the surf zone feeding primarily upon sand crabs. Common sandy beach organisms such as sand crab, pismo clam, bean clam, and polychaetes are known to exist intertidally and subtidally along the Surfside-Sunset Beach shoreline in spite of previous beach deposition (sand replenishment) operations. October 2010 Page 9 Draft Sunset Beach Specific Plan 2.2 Land Use The Sunset Beach Land Use Plan is intended to implement the goals of the City of Huntington Beach General Plan and Local Coastal Program. Broadly stated, the goals for the area are to: lo Maintain and enhance the special character of Sunset Beach. ® Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and man-made resources. ® Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social economic needs of the people of the state. ® Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners. ® Assure priority for coastal-dependent and coastal-related development over other development on the coast. Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses; including educational uses, in the coastal zone. More specifically, the City of Huntington Beach Sunset Beach Land Use Plan proposes to carry forward the land use designations previously approved by the County of Orange and California Coastal Commission. However, for consistency with the City's General Plan, some of the designations are different in name, though the types of permitted uses are similar. These uses will also be governed by the more specific regulations of this Specific Plan, as set forth in Section 3. The Sunset Beach Land Use Plan is illustrated in Exhibit 2.1. The Plan designates the 134 acre Specific Plan area as follows: Land Use Designation Acres Residential High Density-30 22.32 Commercial Visitor-Mixed Use Overlay 9.16 Public 13.00 Open Space-Shoreline 57.74 Open Space-Water Recreation 3.40 Right of Way 28.26 Total 133.88 October 2010 Page 10 Draft Sunset Beach Specific Plan The Residential High Density designation has a General Plan/Local Coastal Program density category of greater than 30 units per net acre, denoted by"-30" to reflect the existing density condition of some parts of Sunset Beach. The Commercial Visitor designation has a Mixed Use ("-mu")Overlay, which permits residential uses in conjunction with the underlying commercial designation. This is in recognition that the Specific Plan allows for residential units above the ground floor in the CV area.2 In addition to the underlying land use designations, and the notations for RH and CV described above, the entire area has a Specific Plan Overlay ("-sp") designation in recognition of the need and existence of a specific plan for the Sunset Beach area. The City of Huntington Beach General Plan and Local Coastal Program also use Subarea designations to identify areas that are unique in the city, serve certain functions or have area- specific goals or regulations. The Sunset Beach Specific Plan area will be designated as Subarea 4L on the City's Community District and Subarea Schedule in the General Plan and Local Coastal Program. Those Subarea Schedules refer the reader to this Specific Plan for development regulations. I Z The County's existing Specific Plan allows residential uses above the ground floor in the Commercial Visitor(Sunset Beach Tourist District)area.A 2010 review of existing development in Sunset Beach indicates that there are approximately 80 residential units in the areas designated for principally commercial uses. October 2010 Page 11 o Cr (1) a co 0 F.. — h s` co CD ^^` VJ CD C., Chanwl ln. 'c5. Marina Say o - n",.,a JIM JUE 't '� l rI 1 s -1 Pacific Coast Hwy Paodic Cnest Hw-. T r gayly � f LEGEND �,:� Residential High Density Parcels cv:ow Commercial Visitor-Mixed Use Overlay Right Of Way _._........ Huntington Beach Boundary P Public .. .». Sunset Beach Boundary . Open Space-Shoreline - os'w j Open Space-Water Recreation -Sp Specific Plan Overlay This designation applies to all Land Uses for this area. CD N Exhibit 2.1 Land Use Plan N Draft Sunset Beach Specific Plan Land Use Plan Guidelines The City's General Plan and Local Coastal Program contain numerous goals, objectives and policies that further and are consistent with the overall goals for the Sunset Beach area. However, due to the unique nature of Sunset Beach and the fact that it is already almost fully developed at the time that this Specific Plan is being created, previous Land Use Plan Guidelines contained in the original County of Orange Sunset Beach Specific Plan are being carried forward to the extent that they are still relevant. The Land Use Plan Guidelines below are designed to: implement the Land Use Plan, specifically; carry out the intent of the General Plan and Coastal Act consistent with the desires of the community; and be a supplement to the City's General Plan and Local Coastal Program, which also contain relevant policies. The Guidelines consist of the Land Use Map (see Exhibit 2.1) and the following text: Beach and Sand Area 2.2.1 Existing beach and sand areas shall be maintained in their present form: i. to preserve the unique public recreational character of Sunset Beach; recreation shall be defined as passive and active recreation that is in conforrnance with the development guidelines of the Sunset Beach Land Use Plan. ii. in cooperation with the State Department of Fish and Game, to protect and preserve the natural habitat of spawning grunion, pismo clam and other shellfish beds, porpoise feeding and sporting grounds, feeding grounds for the California brown pelican, grebes, cormorants, terns, gulls and all other natural sea life and waterfowl. iii. to protect beachfront residences and maintain both public and private open ocean view and access. 2.2.2 The following shall be adhered to to maintain the existing beach and sand areas: i. Dredging and sand replenishment shall be scheduled during fall and winter months to reduce conflict with sunning, swimming and other shoreline water activities. ii. The city shall cooperate with the United States Army Corps of Engineers and other applicable agencies regarding all sand replenishment activities. iii. Sand replenishment shall be deposited at the northwest end of the beach in the area contiguous to the U.S. Navy Ammunition & Net Depot harbor groin, the point of primary and maximum erosion. From that point.sand shall be distributed southeastward down the beach by natural wave and current action. This will avoid the destruction of natural marine life habitat. At the same time it will preserve the recreational character of the beach and the fine grain and cleanliness characteristic of alluvial ocean sands. Sand shall not be pumped directly on the beach within Sunset beach except in response to immediate danger to residences. October 2010 Page 13 Draft Sunset Beach Specific Plan iv. No government or private agency shall construct or cause to be constructed any structure including but not limited to jetties, groins, berms, etc., that may alter natural shoreline processes such as wave action, channel depths or general beach configuration except when such protective structures are required for existing structures or public beaches in danger of erosion- V. Permanent above-ground structures on the beach and sand areas shall be prohibited. vi. To fulfill visitor serving needs, to minimize personal injuries and to reduce liability, sanitation shall be maintained by properly and routinely cleaning and maintaining the beach and sand area from ocean edge to the artificial dune. The protective growth barrier shall be maintained by property owners. 2.2.3 To protect residences and the Sunset Beach sanitary system from flood waters and excess wind-driven sand, to preserve that sand in the beach area thereby reducing replenishment costs, and to enhance the appearance of the benefit of visitors, preservation and maintenance of the artificial dune by residences shall be retained and encouraged, in keeping with Orange County Board of Supervisors Resolution No. 80- 1 88. 2.2A Scenic vistas shall be maintained, see Exhibit 2.2., Scenic Vista Viewpoints. 2.2.5 Public access to the beach shall be maintained. i. The 27 existing public access points to the beach shall be retained in perpetuity, see Exhibit 2.3, Existing Beach Access. ii, Signs denoting the Public Beach shall be maintained at the signalized intersections of Anderson Street, Broadway Avenue and Warner Avenue along Pacific Coast Highway. Signs shall not exceed four square feet. October 2010 Page 14 0 0_._._. O�� frtttata4�(. `r s Intrepid Ln N 4e� ��•41. rt � � O }vieSv D r CAD G $ � '4�'lyS�&Lds'Ltti��.91 +`atJ"r'�LJ�FC`+."dF�4R�v:Kstipea^A�?ia4�6s-.,. Sort au;Ln_ F rvl._ �.. CD Iy Pacific Coast Hwy. �w�_ u'�: u:�wWt�.;.a_t..+_ t�=_u�.�,�.:.+..'-�-•r7r::��s. r+l.t. `'.. U �. - 15 _ _ s u.�,.� r u.:r,��r,:•..�. m�^"a*'� ... r.� aa•r:+ ev'r r' r? -rn^+,.+wvu:+n. -t_wawit`arti^�,;,u-,.�J"" ,-v ,�?... ^r zr+*ririe'A2^aaxe",k�Ymuttdsa.axca �f. m 0• . � S:Pacrlc Aua. °•rIC. t r t F. - �� • � Pac fc Coast�Hwy � m V Vr N r O�;tix^ff< S, uLL>Yi.. !"iila 7L'&"J3y.•nt+Mg tj wwcdwt M . LEGEND Boundary of Scenic Corridor v scenic.Vista 0 100 200 40Feet m Cn Exhibit 2.2 Scenic Vista Viewpoints U rr`��z Cn• b o Grrrnarid Q a Intrepid Ln Cr Baoiew.Dr. O ��>rdraux L.n. ! Pacific Coast Hwy. � r L t U3 P3CQC IIII�_•••+r9l�l�IIII 1,{jI�}I !t J Elu�vret3r Lry t •r�UEWO�Bf Lf1+. t t . r U v m x U � a Pacific Coast Hwy. LO .: L np D © © © ® © © � ® 1' :;� .tt� � ` � { '� t• t a /1 _=j 1 P!i^ t mJ7Ni:��r a n-`•^t^t-�4-. .t•. ••t e. t t:• r t {r 1. h• •i: t LEGEND Access Points Traffic Signal -0 0 100 200 400 Public Parking Feet 1 Exhibit 2.3 Existing Beach Access Draft Sunset Beach Specific Plan Inland Waterways 2.2.6 Inland Waterways shall be publicly accessible and maintained in a manner that is sensitive to the natural environment i. For greater use by the general public, all channels and public waterways in existence as of February 2, 1965, on which date, by Resolution 65-112, the Orange County Board of Supervisors established the channel widths, shall be maintained as public waterways. Location of bulkhead lines and encroachment areas shall be established and no structures shall extend beyond the bulkhead line except for ramps (gangways) and docks. ii. Every effort shall be made to protect and preserve existing natural sea life and waterfowl, and to maintain "clean"water. iii. To meet visitor-serving needs, the 11th Street public beach shall be retained in its present general configuration, or if reconfigured, shall provide equivalent recreational opportunities and shall be properly maintained. Visitor Serving Commercial 2.2.7 Existing commercial facilities should be retained. 2.2.8 Should any existing residence presently on property designated for commercial use be destroyed, such may be rebuilt as a residence providing it conforms to the provisions of the residential guidelines. 2.2.9 Where commercial uses abut residential property, no balconies, decks or open areas intended for public use shall be allowed to infringe on adjacent residential property. Residential 2.2.10 All legally created residential building sites shall be permitted only two dwelling units per site, unless approved otherwise prior to adoption of this Specific Plan. 2.2.11 Affordable housing shall be provided consistent with the City of Huntington Beach Zoning and Subdivision. Low/moderate cost rental units should be replaced when redevelopment occurs. 2.2.12 Conversion of multi-unit buildings into condominiums shall be allowed only if the building meets the Specific Plan standards. 2.2.13 Public service facilities shall be a permitted use in a residential use area. October 2010 Page 17 Draft Sunset Beach Specific Plan 2.3 Circulation Regional Transportation A network of freeways and arterial highways provide regional access for Sunset Beach. The major arterial regional facilities serving the community are Pacific Coast Highway and the San Diego Freeway. Arterial highways link these two facilities to each other and to Sunset Beach. Several arterial highways connect Pacific Coast Highway with inland areas and the San Diego Freeway. Seal Beach Boulevard and Warner Avenue are both designated as major arterial (six lane, divided) highways and provide connections with Pacific Coast Highway at points north and south, respectively, of Sunset Beach. The arterial highway network serves both the motorist and the public transit rider. Countywide and regional access via transit is designed primarily by the Orange County Transportation Authority (OCTA), which operates an extensive system of fixed routes and dial-a-ride service throughout Orange County. OCTA's service to the Sunset Beach area is quite extensive. OCTA route#1 utilizes Pacific Coast Highway between Long Beach/Seal Beach and San Clemente, providing north-south service to Sunset Beach. Three other OCTA routes terminate at Pacific Coast Highway and Warner Avenue at the southern end of Sunset Beach, they provide direct service to the beach from inland Orange County areas. The Pacific Coast Bikeway follows Pacific Coast Highway and serves as a major north-south route within Orange County and the only bikeway adjacent and parallel to the coastline. Bikeways connecting to Pacific Coast Highway generally follow arterial highways. Seal Beach Boulevard and Warner Avenue both include bikeways. All of the above bikeways are included in the Master Plan of County-wide Bikeways. Sunset Beach Transportation Most of the traffic utilizing Pacific Coast Highway in the vicinity of Sunset Beach is either passing through the area or destined to development adjacent to the community. The approximately 700 dwelling units and various commercial enterprises within Sunset Beach generate a relatively small portion of the trips using the Highway. For most of its length in the vicinity of Sunset Beach, Pacific Coast Highway is a four lane facility with painted median. Some additional development and redevelopment within Sunset Beach may occur, but the impact of this upon the arterial highway system should be minimal. However, increased development in the areas surrounding Sunset Beach and growing demand for access to coastal resources could further impact Pacific Coast Highway and the arterials leading to it. Because of the constraints inherent in acquiring additional right-of-way for Pacific Coast Highway both within and outside of Sunset Beach, it may.be impractical to provide additional travel lanes. Better utilization of the existing right-of-way is a more realistic possibility. As new development and redevelopment occurs, improvements can be made that provide for safe and convenient use of the Highway by pedestrians, bicyclists, and transit vehicles. Also, any new commercial development will have to provide off-street parking and be designed to minimize the number of direct access points to Pacific Coast Highway. An integrated traffic signal system October 2010 Page 18 Draft Sunset Beach Specific Plan within Sunset Beach can facilitate the flow of traffic. Expanded transit service along Pacific Coast Highway and through the area, to be provided as demand warrants and as financial resources become available, should encourage additional transit use and might somewhat reduce traffic along Pacific Coast Highway. Pacific Coast Highway is operated and maintained by the State Department of Transportation (CalTrans). Thus, any improvement to the Highway is subject to their approval. Local circulation within the Sunset Beach community is tied to parking opportunities and traffic control. Traffic patterns seaward of Pacific Coast Highway revolve around the parking facility located between North and South Pacific Avenues. Traffic movements on other streets are limited by narrow right-of-way and heavy on-street parking. Although there are adequate parking spaces available to meet public, commercial, and residential parking demand, the distribution of available parking negatively affects the supply- demand balance, which causes deficiencies to occur in certain areas. To alleviate the problem, existing parking opportunities need to be retained within the community and maximized wherever possible. Adequate off-street parking will be required in conjunction with all new development or redevelopment of properties. Specific policies and guidelines relating to parking are included in this Specific Plan. Increased transit service and bicycling opportunities should provide access to beach uses without requiring such additional parking. Local circulation and traffic safety will be enhanced by appropriate speed limits. It is expected that the existing 15 miles per hour speed limit on all Sunset Beach Streets, except Pacific Coast Highway, will be retained; however, speed limits must be periodically reviewed to be enforceable. Circulation and safety will also be enhanced by retention of the parking restrictions on North and South Pacific Avenues. Also, conversion of Bay View Drive to one-way operations will be evaluated as a means to improve circulation inland of Pacific Coast Highway. Based on the foregoing, the following circulation policies shall be adhered to: Transportation/Circulation 2.3.1 Speed limits shall be periodically reviewed and vigorously enforced on all local streets within Sunset Beach.- 2.3.2 The City shall work with CalTrans to maintain and/or improve signal timing on Pacific Coast Highway. 2.3.3 The feasibility of converting local streets to one-way circulation shall be evaluated_ 2.3.4 Required street and highway dedication and improvements normally required per the City Code are not applicable to the Sunset Beach Specific Plan area except for those properties abutting Pacific Coast Highway. However, street dedication for 4th through 26th Streets shall conform to the Typical Section for those streets, as shown in Exhibit 2.4, Typical Section. 2.3.5 Pacific Coast Highway is designated a "scenic highway." To ensure that those scenic characteristics are enhanced, public and private projects shall, wherever feasible, provide landscaping wherever there is adequate space. October 2010 Page 19 Draft Sunset Beach Specific Plan Parking 2.3.6 To the maximum extent feasible, to maximize visitor servicing needs and ensure public safety, the City shall encourage CalTrans to stripe Pacific Coast Highway to provide a safe width for parallel parking. 2.3.7 All existing on-streetr parking shall be retained within Sunset Beach and wherever possible establish programs to maximize their use, except when public safety is compromised. 2.3.8 There shall be no parking on North and South Pacific Avenues, except in front of driveways by permit only. 2.3.9 In order to facilitate visitor serving needs, diagonal parking shall be allowed on Anderson Street and Broadway Avenue. 2.3.10 All street ends, except for emergency access, opening onto the beach shall be fully developed for public parking prior to any other public parking development. 2.3.11 Street ends on the inland side of Pacific Coast Highway will be evaluated for opportunities to develop public parking. 2.3.12 innovative programs to maintain the existing parking supply in residential areas and to provide flexibility for commercial uses shall be encouraged. 2.3.13 Signage and parking control to manage parking supply shall be implemented. October 2010 Page 20 o d o � ro � N � 85' ROW C h 28' PAVED m h n 5' SIDEWALK 4 10' 10' 8' PARKING 2' \% } - IL Exhibit 2.4 Typical Section ro N Draft Sunset Beach Specific Plan 2.4 Flooding and Shoreline Structures The Federal Emergency Management Agency(FEMA) currently designates all of the developed area of Sunset Beach and a majority of the beach as Flood Zone X, which are areas of 500 year flood and areas of 100 year flood with average depths of less than one foot of flooding and areas protected by levees from 100 year flood. A small portion of the beach at the ocean edge is designated Flood Zone VE, areas of Coastal flood with velocity hazard. Despite the Flood Zone X designation, flood damage in Sunset Beach can occur at times of abnormally high tides when waves overtop the berm and water flows towards the houses. Flood damage resulting from this process, called over-wash, can be reduced by raising the living area of the homes above the level of flowing water. Therefore, special design consideration must be given to development along the shoreline because ocean-water can create a flooding problem. The County of Orange completed a Coastal Flood Plain Development Study, in 1985, to analyze safety measures for structures along the coast. Design guidelines for residential development along the coast are established in Chapter Four of the Coastal Flood Plain Development Study as amended. These guidelines are based on the assumption that the beach will be artificially maintained with a width of at least 150 feet from the ocean-facing private property line. Flowing water is the only design consideration. Should the beach retreat to less width, the possibility of storm erosion and breaking wave activity at the structures may occur and flood protection as regulated by these design guidelines will not provide protection from wave impact forces. Revised design guidelines must then be modified to reflect the circumstances. The County designated the homes seaward of South Pacific Avenue as being in a —FP3 district, subject to flood hazard. The Coastal Flood Plain Development Study requires that any new structure in this area be raised to a specific height above a point on South Pacific Avenue. In addition to providing protection against flood damage, the requirement to build on piling along South Pacific Avenue provides a safety margin should conditions at Sunset Beach return to the way they were in the 1930s when homes were vulnerable to attack by waves. Homes on shallow footings can be rapidly damaged or destroyed if their sand support is lost to erosion. Existing lawful nonconforming residential uses may be severely impacted by the Coastal Flood Plain Development Study and will require special consideration. The publicly owned Sunset Channel has been privately bulkheaded and the streets and alleys, where they abut the channel, were bulkheaded by the County.- As set forth in Section 3, new development shall be required to comply with flood plain regulations and the County's study. 2.5 Infrastructure and Utilities Infrastructure Public facilities analyses of infrastructure requirements and detailed design, construction and phasing will be completed as required by the City of Huntington Beach Department of Public Works. Future development within the Specific Plan area will be responsible for the October 2010 Page 22 Draft Sunset Beach Specific Plan construction of public facilities improvements concurrent with individual project development, subject to review and approval of the Director of Public Works. Water System The City of Huntington Beach has provided domestic water to the Sunset Beach area since fiscal year 1964/65, when it purchased the Sunset Beach Water District. Upon annexation, domestic water for the Sunset Beach area will continue to be provided by the Public Works Water Division of the City of Huntington Beach. The Water Division provides water to all of the customers within the City of Huntington Beach. The Water Division has use of both underground and imported water sources to service the area. The underground supply comes from nine existing wells, and imported water delivered to the City of Huntington Beach by the Metropolitan Water District(MWD) at three locations. The Specific Plan area is part of the City's Master Plan for Water Service. All water improvements shall be designed to the City of Huntington Beach water standards for future City acceptance and approval.. Locations of fire hydrants and apparatuses will be reviewed for each project by the Fire Department and Water Division of the City of Huntington Beach to ensure adequate fire flow and pressure. Sewer System The Sunset Beach Sanitary District, formed in 1930, is responsible for the review and approval of the collection of wastewater within the project area, and the Orange County Sanitation District (OCSD) is responsible for the treatment of wastewater. Upon annexation, wastewater service will continue to be provided by the Sunset Beach Sanitary District. Storm Drainage The City of Huntington Beach and the Orange County Public Works/Flood Control Section are the agencies responsible for the flood control system in the vicinity of Sunset Beach. New drainage facilities constructed within the Specific Plan area will be maintained either by the City or privately maintained by a homeowner's association. Any drainage facilities designed or sized to accommodate upstream drainage will be designated as public facilities and maintained by the City. Only drainage that is required by City of Huntington Beach Codes and the ordinances of the Sunset Beach Sanitary District shall be drained into the Sunset Beach Sanitary System lines. All other drainage, such as rain water, irrigation water and other on-site drainage shall drain to the public street or public storm drainage system. All development shall meet the provisions of this requirement. Where new storm drains are necessary to accommodate development, they shall be sited and designed to discharge in the least environmentally sensitive location. Storm Drains and/or Catch Basins shall be marked "No dumping- drains to Ocean" or with other appropriate local insignia. October 2010 Page 23 Draft Sunset Beach Specific Plan Water Quality The City of Huntington Beach is a coastal community noted for its beaches, which attract numerous people to the area. The beaches support the City's economy and the well being of the City's economy is dependent on maintaining quality of coastal waters. The flow of untreated stormwater and urban runoff can have an adverse impact on the quality of coastal waters since storm drains eventually discharge into the ocean. The City's Coastal Element notes that the City can upgrade water quality by controlling pollutants that enter coastal waters through urban runoff. The City's Coastal Element contains the water and marine resource policies requiring that measures be implemented to mitigate the adverse impacts of human activities on the marine environment. To protect coastal waters, the following water quality measures shall be implemented in conjunction with any new development or significant redevelopment: ® All new development and significant redevelopment, shall comply with the State of California, California Regional Water Quality Control Board Santa Ana Region, Order No. R8-2009-0030 (NPDES No. CAS 6.18030) or subsequent permits. Projects shall comply with the Orange County Drainage Area Management Plan (DAMP), all applicable local ordinances and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 2009-0009-DWQ), and any subsequent amendments, revisions, or re-issuances thereof. • Prior to issuance of a Coastal Development Permit (CDP), a Preliminary Water Quality Management Plan (WQMP), shall be submitted for review by the Public Works Department, and shall be based on consistency with the provisions herein. New development and significant redevelopment projects shall incorporate Low Impact Development(LID) principles, design elements, and/or Best Management Practices (BMPs) that will effectively prevent runoff contamination, and minimize runoff volume leaving the site in the developed condition, to the greatest extent feasible. ® Prior to issuance of a Grading or Building Permit, a final VVQMP shall be submitted for review and acceptance by the Public Works Department. ® All projects that include dewatering shall obtain coverage under the State of California, California Regional Water Quality Control Board Santa Ana Region de minimis permit, currently Order No. R8-2009-0003 (NPDES No. CAG998001) and subsequent iterations of this permit. Utilities There are several public utility service providers in the Sunset Beach Specific Plan area as described below. Adequate facilities exist for the service needs of the area. Electricity Electrical service to the area is provided by the Southern California Edison Company. Existing transmission and distribution lines are adequate to service current and potential future needs. October 2010 Page 24 Draft Sunset Beach Specific Plan Natural Gas Natural gas service in the Specific Plan area is provided by the Southern California Gas Company. Adequate facilities exist for current and potential future needs. Telephone Telephone service in the Specific Plan area is provided by Verizon. Cable Television Cable television service within Sunset Beach is provided by Time Warner Cable. Solid Waste Disposal Rainbow Disposal Company currently provides solid waste disposal services for the area. An adequate level of service can be maintained based on anticipated demand for the Company's service area. October 2010 Page 25 Draft Sunset Beach Specific Plan . ®evel ent Standards 3.1 Purpose The Sunset Beach Development Standards will be applied to individual development in the Sunset Beach area and are adopted for the purpose of promoting the health, safety and general welfare of the Sunset Beach community and the City of Huntington Beach. More specifically, these regulations are intended to provide the standards, criteria and procedures necessary to achieve the objectives below. ® Provide maximum opportunities for community design and site planning, consistent with orderly development and protection of sensitive and natural resources, with a logical and timely sequence of community and government review and input. ® Improve the visual image and general aesthetics of Sunset Beach. ® Implement the applicable policies of the California Coastal Act and preserve, protect and enhance the Coastal Zone resources of particular value to the Sunset Beach community, City of Huntington Beach, and the State of California. implement the intent and purpose of the Sunset Beach Specific Plan. 3.2 general Provisions The provisions herein shall govern the design and development of the Sunset Beach Specific Plan area. Standards and/or criteria for development and activities not specifically addressed in this Specific Plan will require referral to the current provisions of the Huntington Beach Zoning and Subdivision Ordinance and Municipal Code. Whenever an activity has not been specifically listed as being permitted in a particular District of the Specific Plan, it shall be the duty of the Planning and Building Director to determine if it is consistent with the intent of this Specific Plan and compatible with other permitted uses. All development activity within the Sunset Beach Specific Plan area will be subject to the following general conditions and requirements, as noted, as well as the Land Use Plan Guidelines in Section 2.2. 3.2.1 Any conditions, requirements, or standards, indicated graphically or in writing, that are a part of an approved subdivision map, Coastal Development Permit or variance, approved in compliance with these regulations shall have the same force and effect as these regulations. Any use or development established as a result of such approved permit but not in compliance with all approved conditions shall be in violation of the Sunset Beach Development Standards and City of Huntington Beach Zoning and Subdivision Ordinance. 3.2.2 All construction and development within the Sunset Beach Specific Plan area shall comply with applicable provisions of federal and state regulations. 3.2.3 All construction and development within the Sunset Beach Specific Plan area shall comply with applicable provisions of the Uniform Building Code and other various October 2010 Page 26 Draft Sunset Beach Specific Plan Mechanical, Electrical, Plumbing and Housing Codes related thereto as well as the Municipal Code of the City of Huntington Beach. 3.2.4 All construction and development shall comply with the regulations contained in Chapter 17.56 of the Huntington Beach Municipal Code (Fire Code) and City Specifications, except Section 3.3.4 2e and f of this Specific Plan shall prevail unless wider drive aisles, per City Specifications, can reasonably be accommodated . 3.2.5 In these land use development standards, for all regulatory areas, when more than one description may apply to a given use, the more specific description shall determine if a use is allowed, or prohibited. 3.2.6 Terms not specifically defined in the Specific Plan shall have the same definition as used in the City of Huntington Beach Zoning and Subdivision Ordinance. When consistent with the context, words used in the present tense include the future tense;words used in a singular number include the plural number. The word "shall' is always mandatory and the word "may" is permissive. 3.2.7 Pacific Coast Highway, as it passes through the Sunset Beach Specific Plan is designated a Scenic Highway. 3.2.8 All legal residential building sites in existence on the date of initial adoption by the Board of Supervisors, of the Sunset Beach LCP on March 30, 1983, shall be permitted two dwelling units per site, unless approved otherwise. New building sites created by a tract map, parcel map, lot consolidation, or any other legal method are also limited to two dwelling units per building site. 3.2.9 Development projects shall be required to install adequate utility services necessary to serve the development. Utility systems shall be designed to conserve the use of electrical energy and natural resources 3.2.10 Due to the high groundwater conditions, only drainage that is required by City of Huntington Beach Codes and Ordinances, and the ordinances of the Sunset Beach Sanitary District, shall be drained into the Sunset Beach Sanitary System lines. All other drainage, such as rain water, irrigation water and other on-site drainage shall drain to the public street or public storm drainage system. All development shall meet the provisions of this requirement. 3.2.11 Temporary special community events, such as.parades, pageants, community fairs, athletic contests, carnivals, and other similar uses, may be permitted in any area in the Sunset Beach Specific Plan area by approval of the Director of Planning and Building, subject to applicable permits. 3.2.12 Emergency vehicle access to the beach shall be at the ocean end of the signalized streets of Anderson, 19th Street, Broadway, 5th Street and Warner Avenue only. The center of such street ends shall be kept open and free at all times. All other side street ends opening on the beach may be developed for additional public parking. Such October 2010 Page 27 Draft Sunset Beach Specific Plan additional public parking development shall not extend beyond the rear(oceanward) property line of the adjacent ocean front private property. 3.2.13 Park lands and park fees required for new development shall be in compliance with all applicable regulations of the City of Huntington Beach Zoning and Subdivision Ordinance. 3.2.14 Any building site abutting Pacific Coast Highway shall be required to provide a corner cut-off of 17 feet prior to the issuance of any building permits unless otherwise provided for by an approved Coastal Development Permit. 3.2.15 Required street and highway dedication and improvements per the City of Huntington Beach Zoning and Subdivision Ordinance shall not be applicable to the Sunset Beach Specific Plan area except for those properties abutting Pacific Coast Highway. 3.2.16 Building height is the vertical distance above the bottom elevation to the top of the structure (maximum height). This is established by enclosing the structure with an imaginary line five feet outside of the perimeter of the structure, or at the property line if it is less than five feet from the structure, and determining the average elevation from the imaginary line. 3.3 Regulations The Sunset Beach Specific Plan contains five districts, as depicted in Exhibit 3.1, Specific Plan Districts. The boundaries of these districts coincide with those of the Land Use Plan. The names for the Specific Plan districts are the same as used in the previous County SBSP/LCP. The regulations for each district follow. October 2010 Page 28 Draft Sunset Beach Specific Plan 3.3.1 Sunset Beach Residential A. Purpose The Sunset Beach Residential (SBR) District is intended to permit the establishment and maintenance of high density residential neighborhoods. It is intended that each residential structure be independent from adjoining property by setbacks. Only those uses which are complementary to and can exist in harmony with the residential uses are permitted. B. Principal Permitted Uses The following principal uses are permitted subject to the approval of a Coastal Development Permit by the Zoning Administrator. 1. Duplex dwellings 2. Single-family dwellings and single family mobile homes. 3. Residential Condominium, stock cooperative, and community apartment projects. 4. Residential Condominium conversions, pursuant to Chapter 235 of the HBZSO. 5. Additions to lawful nonconforming residential uses. Additions must comply with all applicable development standards. C. Other Permitted Uses Other permitted uses subject to a Coastal Development Permit and a Conditional Use Permit by the Planning Commission. 1. Community recreation center. 2. Community service center. 3. Community facility. 4. Public Safety Facilities. 5. Parks and playgrounds (non-commercial). 6. Public service facilities. 7. Short-term vacation rentals (stays of less than 30 days) a. Amortization Period: Any existing short-term vacation rental (stays of less than 30 days) use shall be discontinued 12 months following the effective adoption date of this Specific Plan by the California Coastal Commission, unless an application is filed with the Department of Planning and Building pursuant to this section to establish the use prior to the discontinued date. October 2010 Page 29 Draft Sunset Beach Specific Plan D. Accessory Uses and Structures Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted principal use on the same building site. 1. Limited Day Care, Limited Residential Care, and Large Family Day Care, as defined by the HBZSO. Large Family Day Care shall require neighborhood notification pursuant to Section 241.24 of the HBZSO. 2. Fences and walls per Section 3.3.5 except as modified by special provisions set out in Section F.3.c"Building sites between Pacific Coast Highway and the Sunset Channel and those building sites fronting on Park Avenue" and Section F.3.d `Building sites between Bay View Drive and Sunset Channel". 3. Garages and/or carports per Sections 3.3.4 and 3.3.7. 4. Home occupations per the HBZSO. 5. Noncommercial keeping of pets and animals per the City of Huntington Beach Municipal Code. S. Pools and spas, except due to the limited sewerage capacity, no such swimming pool or spa over 1000 gallons shall be connected to, or drained into, the public sewer system. 7. Signs per Section 3.3.6, except business signs which are prohibited. 8. Tennis courts. 9. Detached accessory buildings in compliance with Section 3.3.7. E. Prohibited Uses. 1. All uses not permitted above are prohibited. 2. The storage of vehicles, equipment or products related to a commercial activity. 3. Community and Human Service facilities. F. Site Development Standards The establishment, operation and maintenance of the uses permitted by these district regulations shall be in compliance with the following: 1. Building Height—Up to three stories and not more than 35 feet maximum as measured from the centerline of the frontage street for structures in the FP-3 District or the minimum bottom elevation (see 2 below)for structures outside the FP-3 District. Such height and story calculations shall include mezzanines, patio roof covers, rooftop decks and attics-, however, a rooftop deck shall not count as a story. October 2010 Page 30 Draft Sunset Beach Specific Plan 2. Bottom elevation —for structures outside the FP-3 District, the finished floor elevation for new construction should be a minimum of two feet above the centerline of the frontage street or two feet above the highest perimeter curb elevation of the property, whichever is greater, unless the applicant can prove, using detailed hydrologic and hydraulic. calculation, that the proposed finished floor elevation is protected from being flooded from a 100-year flood in a manner meeting the approval of the Director of Planning and Building. Those building sites abutting the Sunset Beach Waterways District, Bay View Drive, or Park Avenue shall have the additional requirement that the finished floor elevation also be set at a minimum two feet above the bulkhead elevation. 3. Setbacks Front setbacks shall be measured from the ultimate right-of-way line. a. Beach Front Building Sites Front setback(street) 5 feet on ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 6 inches all floors, except in front of and alleys garages where 3 feet is required. Side setbacks adjacent to other 3 feet all floors, except for decks building sites. providing access on ground floor where 2 feet is allowed. Rear setback (on the sand) None Required. b. Building sites between North Pacific Ave. and Pacific Coast Highway Front setback(street) 5 feet on ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 3 feet on ground floor except in front and alleys of garages where 5 feet is required; 6 inches above ground floor. Side setbacks adjacent other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback 5 feet on ground floor, 6 inches above ground floor. .October 2010 Page 31 Draft Sunset Beach Specific Plan c. Building Sites between Pacific Coast Highway and the Sunset channel and those building sites fronting on Park Ave., PCH and abutting the Channel. Front setback(street) 5 feet ground floor, 6 inches above ground floor. Side setbacks adjacent to street 6 inches all floors except in front of and alleys garages where 3 feet is required. Side setbacks adjacent to other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback (channel) 10 feet from bulkhead or rear property line, whichever is more restrictive on the ground floor, 5 feet above ground floor. See Section 3.3.3.0 (Sunset Beach Waterways)for dock, gangway, and landing criteria. No structure higher than 12 inches frorn top of the bulkhead shall be permitted in the required rear setback except for a five foot security fence of open weave design to a maximum of 35 percent opaque. This height shall be measured from the top of the concrete bond beam of the existing bulkhead. d. Building Sites between Bay View Drive and Sunset Channel Front setback (street) 5 feet ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 6 inches all floors except in front of and alleys garages where 3 feet is required/ Side setbacks adjacent to other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback(channel) 10 feet from bulkhead or rear property fine, whichever is more restrictive on the ground floor, 10 feet on all other floors except that a balcony deck may extend 5 feet into the rear setback measured from the required building setback_ See Section 3.3.3.0 (Sunset Beach Waterways) for dock, gangway, and landing criteria. No structure higher than 12 inches from top of the bulkhead shall be permitted in the required rear setback except for a five foot security fence of open weave design to a October 2010 Page 32 Draft Sunset Beach Specific Plan maximum of 35 percent opaque. This height shall be measured from the top of the concrete bond beam of the existing bulkhead. e. Building Sites between Bay View Drive and Intrepid Lane Front setback(Bay View) 5 feet ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 6 inches all floors except in front of and alleys garages where 3 feet is required. Side setbacks adjacent to other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback (Intrepid Lane) 5 feet all floors except that an open balcony deck on the second or third floor to 6 inches from the property line. 4. Open Areas. New residential units within areas b) and e) above shall include a minimum 90 square feet of open area by providing for 1) rooftop patios, 2) balconies or decks and/or 3) ground floor yards exclusive of required setback areas. Any such open area must have a minimum dimension of four feet six inches, shall be contiguous to the living area, and shall not face onto any adjoining lot. 5. All building plans shall provide an area for the storage of the minimum required number and size trash cans per dwelling unit as required by the trash removal.service. This shall be concealed from public view. 6. Off-street parking shall be in conformance with Section 3.3.4 of the Sunset Beach Specific Plan Regulations. Additional parking shall not be required when additions, not exceeding 50 percent of the floor area of the total structure, are made to lawfully nonconforming residential uses. 7. All roof structures, such as air conditioning units, elevator equipment or other roof mounted appurtenances, shall be screened from view and shall not exceed the overall 35 foot height limit, except chimneys and other ventilation structures not to individually exceed the dimensions of two feet by two feet per flue and not to exceed the height of the building by more than 10 percent. October 2010 Page 33 Draft Sunset Beach Specific Plan 3.3.2 Sunset Beach Tourists A. Purpose The Sunset Beach Tourist (SBT) District is intended to permit the establishment, operation and maintenance of a commercial area that will supply the needs or tourists, visitors, and the local community. Whenever the occupancy or use of any premise is changed to a different use or the existing use is altered, enlarged, expanded or intensified, parking to meet the requirements of this section shall be provided for the new use or occupancy. This provision shall not apply to the addition of rooms or other alterations to lawful nonconforming residential dwellings in a commercial zone that do not increase the total floor area more than 50 percent. As an aid in determining the amount of intensification occurring since 1985, the document prepared by the LCP Board on November 9, 1985, IDENTIFICATION OF PROPERTY ZONED COMMERCIAL ALONG PACIFIC COAST HIGHWAY IN SUNSET BEACH, shall be used as a reference document. B. Principal Permitted Uses The following principal uses are permitted subject to the approval of a Coastal Development Permit and a Conditional Use Permit by the Zoning Administrator. 1. Athletic/health/recreational clubs and centers. 2. Automobile service stations. 3. Bars, night clubs, and cocktail lounges. 4. Beauty shop or barber shop. 5. Parks and playgrounds. 6. Restaurants, drive-ins, and fast food establishment. 7. Other retail and service business associated with the needs of tourists, visitors, and the local community. 8. Hotels, motels. 9. Time-share projects. 10. Commercial boat docks. 11. Bed and breakfast. C. Other Permitted Uses Other permitted uses subject to a Coastal Development Permit and a Conditional Use Permit by the Zoning Administrator. October 2010 Page 34 Draft Sunset Beach Specific Plan 1. Civic and government uses. 2. Community facility. 3. Public/private utility buildings and structures. 4. Residential Uses: a. Located above the first floor of a Principal Permitted Use. b. Parking for both the primary commercial uses and the residential use conforms to Section 3.3.4 of these regulations. c. Such residential use shall not exceed 50 percent of the gross square footage of the entire structure. Additions to lawful nonconforming residential uses are permitted if their cost does not exceed 50 percent of the market value of the residential use. D. Temporary Uses Permitted Seasonal Sales only shall be allowed per the City of Huntington.Beach Zoning and Subdivision Ordinance Section 230.86. E. Accessory Uses Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted principal use on the same building site. 1. Garages and carports per Sections 3.3.4 and 3.3.7. 2. Fences and walls per Section 3.3.5. 3. Parking structures. 4. Outdoor dining areas. 5. Signs per Section 3.3.6. F. Prohibited Uses 1. All uses not permitted above are prohibited. 2. Wholesale businesses. 3.. Outdoor advertising signs. 4. Sale of food or beverages from vehicles or push carts. 5. Firework sales. 6. . Adult entertainment businesses. 7. All Temporary Uses whether under cover or in the open, except as provided in 3.3.3.D above and in General Provision No. 3.2.10. October 2010 Page 35 C. Draft Sunset Beach Specific Plan 8. Medical marijuana businesses. 9. Methadone related businesses. 10. Residential Alcohol Recovery, General, as defined by the HBZSO. 11. Residential Drug Recovery and Drug Abuse Centers, as defined by the HBZSO G. Site Development.Standards The establishment, operation, and maintenance of the uses permitted by this regulation shall be in compliance with the following provisions: 1. Building height—35 feet maximum as measured from the minimum bottom elevation (see 2 below). 2. Bottom elevation —the finished floor elevation for new construction should be a minimum of two feet above the centerline of the frontage street or two feet above the highest perimeter curb elevation of the property, whichever is greater, unless the applicant can prove, using detail hydrologic and hydraulic calculation, that the proposed finished floor elevation has protection from being flooded from a 100-year flood in a manner of meeting the approval of the Planning and Building Director. Those building sites abutting the Sunset Beach Waterways District shall have the additional requirement that the finished floor elevation also be set a minimum of two feet above the bulkhead. 3. Setbacks—Except as noted in a) & b) below, there shall be no required setbacks in the Sunset Beach Tourist District. a. A three foot setback is required for all structures adjacent to SBR district properties. b. Service stations per the City of Huntington Beach Zoning and Subdivision Ordinance. 4. All roof structures, such as air conditioning units, elevator equipment, or other roof mounted appurtenances, shall be screened from view and shall not exceed the overall 35 foot height limit, except chimneys and other ventilation structures not to individually exceed dimensions of two feet by two feet per flue and not to exceed the height of the building by more than 10 percent. 5. All lighting, both exterior and interior, shall be designed and located to confine direct rays to the building site. 6. All storage in cartons, containers, or trash bins shall be enclosed and shielded from view within a building or by a fence/wall not less than six feet in height. If unroofed, trash bins shall have lids. 7. Off-street parking. Per Section 3.3.4 herein. October 2010 Page 36 Draft Sunset Beach Specific Plan H. Lawful nonconforming residential use of property_: Should any existing lawful nonconforming residential use presently on property zoned commercial be destroyed such may be rebuilt providing it conforms to the provisions of the residential uses and standards contained in the SBR District. 3.3.3 Public Facilities A. Purpose The Public Facilities District, including the Beach Area (SBB), Parking Facility(SBP), and Waterways (SBW) districts,is intended to permit the establishment and maintenance of community services in locations that will best service the uses in Sunset Beach. It is intended that these community facilities be compatible with the other land uses and included beachfront and parks, public parking facilities, and inland waterways. B. Sunset Beach Beach Area (SBB) 1. To protect beachfront residences and maintain public and private ocean views and access and to preserve the unique public recreational character of Sunset Beach, the existing Leach and Land area shall be maintained in their present form. 2. The 27 existing public access points to the beach delineated in the Sunset Beach Land Use Plan shall be retained and maintained in a manner promoting their use by the general public. 3. From the ocean front property line to the ocean there shall be no roadway, bike path, hiking trail, or parking facility. 4. Permanent above-ground structures on the beach and sand areas shall be prohibited, except for: a. Lifeguard towers b. Other facilities necessary for public safety. 5. Temporary uses and structures accessory to residential development shall be permitted within the 20 foot strip of beach property contiguous to SBR properties subject to a Coastal Development Permit and a Public Property Encroachment Permit. Encroachments shall be limited to temporary/removable deck units, the top elevation of which shall not exceed four feet above the street level of South Pacific Avenue; landscaping not exceeding 30 inches in height above patio/deck surface at full growth; and portable furniture. 6. Fire rings or any other fire on the beach shall be prohibited. 7. There shall be no advertising of any nature on the beach and sand areas. 8. No governmental or private agency shall construct or cause to be constructed any structure including but not limited to jetties, groins, berms, etc., that may alter the natural October 2010 Page 37 Draft Sunset Beach Specific.Plan shoreline processes such as wave action, channel depth, or general beach configuration except when such protective structures are required to protect existing structures or public beaches in danger from erosion. 9. Temporary recreational facilities for general public use may be permitted subject to a special events permit from the City of Huntington Beach. Such facilities shall be located at least 75 feet from residential property lines unless the facility is directly in front of the property of the applicant for the encroachment permit. C. Sunset Beach Parking.Facility (SBP) 1. Parking control shall be in accordance with the City of Huntington Beach Municipal Code. 2. The present general configuration and facilities shall be retained. 3. There shall be no overhead or underground parking facility. 4. There shall be no parking meters or other mechanical control devices. 5. The City shall consult with the Sunset Beach LCP Review Board for recommendation before any facilities are changed or expanded or additional signs installed. 6. There shall be no advertising of any nature. D. Sunset Beach Waterways (SBW) 1. For greater use by the general public, all channels and public waterways in existence as of February 2, 1965 (on which date, by Resolution 65-112, the Orange County Board of Supervisors established the channel widths) shall be maintained and operated as public waterways, subject to Sections 5 through 11 of the Codified Ordinances and Codes governing County waterways. They shall be properly bulkheaded to prevent erosion and resultant land filling, and dredged to maintain navigable depth and regulated to prevent impediment of channel navigation (as described in Sections 2-2-63 and 2-2-65 of the Orange County Codified Ordinance). All navigable channels shall be retained and maintained at the present width, no part of the channels shall be filled, and no encroachments shall be allowed except for bulkheads, gangways, and docks as provided in item number 2 below. 2. In addition to a Coastal Development Permit from the State, a Harbor Permit (encroachment permit) is required for all existing and proposed bulkheads, gangways, and docks within the Sunset Beach Waterways. Bulkheads not within the SBW will require evidence of sound construction (building permit) concurrent with the application for a a harbor permit for dock and gangway attachments. The right to said permit shall be attached to the property and run with the ownership of the bulkhead frontage. As part of the harbor permit application process, a determination will be made for existing facilities as to whether they are in a state of good repair or a state of disrepair_ Docks with inadequate floats resulting in partial submersion, sinking, or listing, broken or October 2010 Page 38 Draft Sunset Beach Specific Plan inappropriate decking material, inadequate supports or improper fastening devices (such as PVC pipe), and illegal and unsafe electrical wiring shall be deemed to be in a state of disrepair. All existing bulkheads, gangways, and docks will require a harbor permit and be brought into a state of good repair within two years of the adoption of amendment dated August 31, 1983. All applications for a harbor permit shall be submitted to the Sunset Beach LCP Board for their review and recommendations prior to the issuance of said permit. 3. To provide greater public use of Sunset Channel from 11th Street to the northwest end of the channel, the channel encroachment line shall be 20 feet measured from bulkhead face (See Exhibit 3.2, Permitted Encroachment Areas Within Sunset Beach Channel and Exhibit 3.3, Criteria for Sunset Beach Channel Encroachments). Side setbacks for docks shall be two feet from each property line. This provision is intended to replace the pier lines set in Orange County Board of Supervisors Resolution No. 65-112. No deck or structure shall extend over or in front of the bulkhead in any channel, except a four foot by five foot landing or brow shall be permitted to extend past the bulkhead for access to a gangway to docks. . To provide maximum public use of inland waterways in the channels running at 90 degrees to Pacific Coast Highway, the channel encroachment line shall be at 40 feet as measured from lot property lines existing prior to January 1, 1965 (see Exhibit 3.2, Permitted Encroachment Areas Within Sunset Beach Channel). 5. All bulkheads, gangways, and docks encroaching on public waterways shall be maintained in a state of good repair at all times. Failure to repair, upon written notice of the Director of Public Works shall be cause for revocation of the harbor permit. 6. All harbor permits.are subject to inspection by City of Huntington Beach or other regulatory authorities. 7. To meet visitor serving needs, the 11th Street public beach shalt be retained in its present general configuration, or if reconfigured, shall provide equivalent recreational opportunities and shall be properly maintained. Small boats may be launched at the 11 th Street beach provided there is no use of trailers, sand dollies, or mechanical launching equipment. The launching of boats is specifically prohibited at all other publicly owned properties adjacent to Sunset Channel. 8. Any vessel that is occupied with the intent of being used as a residence is prohibited from using dock facilities or mooring overnight within Sunset Beach. 9. The renting or leasing of docks adjacent to private residences is permitted provided that one nine foot by 18 foot off-street parking space is provided for each boat for which mooring space is rented or leased_ October 2010 Page 39 0 0 N � O � � y CD CD Channel Ln. �ro CD Intrepid Ln. E � Bayview Dr. (I crj a Pacific Coast Hwy. n U) O LEGEND 40'Channel Encroachment Area 20'Channel Encroachment Area Sunset Beach Boundary 0 100 200 400 agamnsM Feet Exhibit 3.2 Permitted Encroachment Areas 'Within Sunset Beach C 0 Draft Sunset Beach Specific Plan Note: Dimensions shown are maximum allowable for landing brow and encroachment area, and minimum allowable for side setback from each property line. This drawing is presented as general criteria for the installation of dock facilities and shall not be used in lieu of plans and specifications per the City of Huntington Beach Municipal Code. I 1 4.2 I T � I I f 2 f LOT I --LANDING —BULKHEAD, j i BROW i } i GANGWAY 7 W ' 2 PIERIDOCK 2 G� Cr I n 1 w u� i � I I I CHANNEL 2'- It FACE OF Iis BULKHEAD I CHANNEL _----------- - --- �Act'`�-VA - Exhibit 3.3 Criteria For Sunset Beach Channel Encroachments October 2010 Page 41 Draft Sunset Beach Specific Plan 3.3.4 Parking Requirements Off-street parking regulations, including minimum parking stalls required and bicycle parking, shall be provided in compliance with the City of Huntington Beach Zoning and Subdivision Ordinance Chapter 231 except that: 1. Residential a. Parking stall size for residential uses shall be a minimum of nine feet by 18 feet, whether the stall is covered or uncovered. b_ One half of the required parking may be tandem for residential lots having less than 46 feet of street frontage. 2. Ail Other Permitted Uses a. No owner or tenant shall lease, rent, or otherwise make available to intended users any off-street parking spaces required by this article. b. Parking stalls for commercial uses requiring backing onto public streets shall be prohibited, except where they presently exist. In the case of minor alterations to existing structures, nonconforming parking stalls may remain subject to a Coastal Development Permit. Minor alterations are defined as those that 1) do not increase the intensity of use and 2) do not increase the existing parking capacity. c. Subject to a Coastal Development Permit by the Planning Commission, the off-street parking facilities may be located on separate non-contiguous building sites subject to recorded covenant that would guarantee their continuous maintenance for the uses they serve. Non-contiguous building sites shall be within-470 feet of the site of the uses they serve. d. Up to 50 percent of the required parking for commercial uses may be compact size, eight feet by 15 1/2 feet, subject to a Coastal.Development Permit. The point of entry or exit for compact space shall be no closer than 20 feet from the ultimate right-of- way at the street opening. e. One-way accessways shall have a minimum width of 14 feet unless it is a fire lane which requires a minimum of 20 feet. However, see also General Provision 3.2.4. f. Two-way accessways shall have a minimum width of 24 feet. However, see also General Provision 3.2.4. g. The point of exit or entry from any off-street parking space, except compact, may be at the ultimate right-of-way to a street opening. h. Aisle width requirements of the City of Huntington Beach Zoning and Subdivision Ordinance shall prevail, except that one-way aisles with parallel parking on one or both sides shall be a minimum of 12 feet. October 2010 Page 42 Draft Sunset Beach Specific Plan i. Up to 40 percent of the required parking spaces may be tandem parking subject to a Coastal Development Permit by the Planning Commission. j. Subject to a Coastal Development Permit by the Planning Commission, a reduction in the number of required parking spaces may be allowed for uses which utilize shared parking site between uses that have different peak parking periods. 3. Minimum parking stalls required by specific use within Sunset Beach are set out as follows: Use Stall Required a. Automobile, truck, boat, trailer, or 1 space for each 400 sq. ft. of gross similar vehicle sale or rental floor area, except area used establishments. exclusively for storage or loading and 1 space for each 1000 sq. ft. of outdoor sales, display, or service area. b. Automobile service stations. 2 spaces for each lubrication.stall, rack, or pit, plus 1 space for each gasoline pump outlet C. Beauty shop or barber shop. 2 spaces for each of the beauty station or barber chair d. Child care center, day nursery, 1 space for each staff member, plus 1 preschool, or nursery school. space for each 5 children or 1 space for each 10 children where a circular driveway or its equivalent designed by contiguous flow of passenger vehicles for the purpose of loading and unloading children. e. Commercial boat docks. 1 space for each 35 feet of boat dock or boat mooring with a minimum of 1 space per boat. In addition, where commercial docks are used to.load or unload passengers on a commercial or fee basis, there shall be 1 additional onsite parking space required for each 2 passenger or passenger capacity of the boat. October 2010 Page 43 Draft Sunset Beach Specific Plan f. Commercial service 1 space for each 400 sq. ft. of gross establishments, repair shops, floor area, except floor area used motor vehicle repair garages, and exclusively for storage or loading, plus similar establishments. 1 space for each 500 sq. ft. of outdoor sales, display, or service area. g. Dance halls, pool or billiard parlors, 1 space for each 3 persons allowed, roller or ice skating rinks, exhibition within the maximum occupancy load as halls, including private clubs and established by local, County, or State lodge halls. fire, building, or health codes, or 1 space for each 75 square foot of gross floor area, whichever is greater. h. Food store, grocery store, 1 space for each 225 sq. ft. of gross supermarket, or similar use. floor area. i. Furniture store, appliance store, 1 space for each 500 sq. ft. of gross machinery rental, or sale store floor area, except floor area used (including motor vehicle rental or exclusively for storage or loading, plus sales), and similar establishments 1 space for each 500 sq.ft. of outdoor which handle only bulky sales, display or service area. merchandise. j. General office and other business 1 space for each 250 sq. ft. of gross technical service, administrative or floor area professional offices including real estate. k. General retail stores, except as 1 space for each 225 sq. ft. gross floor otherwise noted_ area. 1. Laundromats: 1 space for each 4 machines. M. Medical/dental office or clinic_ 1 space for each 150 sq. ft. of gross floor area n. Motel or hotel. 1 space for each guest unit. 2 spaces for any unit having facilities other than bathroom, e.g., kitchen, wet bar; etc. o. Private golf course, swim club, 1 space for each 4 persons based country club, tennis club, recreation upon maximum capacity of all facilities center, or similar use. capable of simultaneous use as determined by the staff, plus 1 space for each 2 employees. October 2010 Page 44 Draft Sunset Beach Specific Plan p. Residential. 2 spaces for each dwelling unit q. Restaurants, night clubs, bars and 1 space for each 100 sq. ft. of serving similar establishments for the sale area. There shall be a minimum of 10 and consumption of food and spaces on-site without regard for the beverage on the premises. sq. ft. of service area. r. Tennis courts, open to the public. 2 spaces for each court. S. Veterinary hospital. 1 space for each 150 sq. ft. of gross floor area. t. Other. All other uses shall be defined by the City of Huntington Beach Zoning and Subdivision Ordinance. 3.3.5 Fences and Wails For purposes of this section, "fences and walls" include any type of fence, wall, retaining wall, sound attenuation wall, or screen. Fences/walls shall be in compliance with the following regulations. However, walls that are located within the interior of an approved tract map and are part of the initial development of that tract map shall be exempt from these regulations. Subsections 'A" and "5" only shall also apply to hedges, or thick growth of shrubs, bushes, or trees. Fence/wall heights shall be measured from the base of the fence/wall to the top on interior or exterior side, whichever is greater. 1. Main building area. In the area where a main building may be constructed, the district building height regulations apply. 2. Setback areas bordering streets. a. The maximum height shall be three and one-half feet within any required front setback area and six feet within any,rear or side setback area (through which no vehicular access is taken) adjoining a street, up to a maximum depth of 20 feet. b. That portion of a building site where vehicular access rights have been dedicated to a public agency may have a six feet high fence/wall. c. Fences/walls that border major arterial highways may be six feet high and as high as eight feet if: i. The major arterial is elevated two feet or more above the building site elevation, or ii. The exterior side measurement of the wall is not more than six feet in height. October 2010 Page 45 Draft Sunset Beach Specific Plan 3. Setback areas not bordering streets. The maximum height shall be six feet within any required front, rear, or side setback area not adjoining a street. However, where the elevation of an adjoining building site to the side or rear is higher than the base of the fence or wall in the side or rear setback area, the height of the fence or wall may be measured from the elevation of the adjoining building site to the top of the fence or wall. However, in no case shall such a fence or wall exceed eight feet from the base of the fence/wall to the top as measured from the adjoining site. 4. Access intersection areas. Notwithstanding "2" above, the maximum height shall be three and one-half feet within five feet of the point of intersection of: a. An ultimate street right-of-way line and an interior property line; b. An ultimate street right-of-way line and the edge of a driveway or vehicular accessway; c. An ultimate street right-of-way line and an alley right-of-way line; and d. The edge of a driveway or vehicular accessway and an alley right-of-way line. 5. Street intersection areas. Notwithstanding "2" above, the maximum height shall be three and one-half feet within the triangular area formed by drawing a straight line between two points located on, and 15 feet distant from, the point of intersection of two ultimate street or highway right-of-way lines extended. 6. Modifications permitted. Exceptions and modifications to the fence and wall height provisions may be permitted subject to the approval of a conditional use permit by the Zoning Administrator per the Huntington Beach Zoning and Subdivision Ordinance. 3.3.6 Sign Regulations All references to this section shall include Section 1 through 9. 1. Purpose The purpose of this section is to establish standards for the control of signs in Sunset Beach that require protection of vistas of the natural landscape, scenic corridors and highways, recreational facilities, and routes used for access to recreational areas and facilities. The intent of these regulations is to minimize the number of signs and to encourage the use of sound planning and design principles in the use of signs to complement the main use of the property. Also to promote the visitor-serving October 2010 Page 46 Draft Sunset Beach Specific Plan commercial/recreational facilities designed to enhance public opportunities for coastal recreation. 2. General Provisions a. Uncertainty. Whatever uncertainty exists as to the intent or wording of this article, the Sunset Beach Local Coastal Program Review Board shall be consulted to make an interpretation. The decision of the Planning and Building Director shall be final unless appealed. Appeals will require the filing of a Coastal Development Permit for a public hearing. b. Except for special event signs, all permitted signs shall be located on the same site as the use they identify or the goods they advertise. Exception —Special event signs may be located off-site with the approval of the City of Huntington Beach. 3. Permitted Permanent Signs a. Business sign: A sign displaying information pertaining to goods or services offered or produced by the business located on the property but not including advertising devices/displays. Business signs may include the identifying name of a business. b. Civic activity sign: A bulletin board customarily incidental to places of worship, libraries, museums, and other public institutions. c. Identification sign: A sign identifying the name and symbol/insignia of an existing or future community, building, business, facility, organization, person, etc. 4. Permitted Temporary Signs Temporary Signs are permitted in any district(except where prohibited). A Coastal Development Permit will not be required if the sign does not exceed the height of existing structures on a site. a. The following signs are permitted: is Real Estate signs: In any area one real estate sign shall be permitted on any building site or business property, not to exceed four square feet in area, unlighted and unilluminated. ii. Construction signs: One construction sign shall be permitted on any building site, in any area, except where specifically prohibited, unlighted and unilluminated and not to exceed a total area of 16 square feet. b_ Upon review and recommendation of the LCP Review Board and approval of the Planning and Building Department, the following signs are permitted: i. Special Event signs: For community sponsored events such as the Firemen's Ball, Chili Bean Feed, Art Festival, and Pancake breakfast, etc. October 2010 Page 47 Draft Sunset Beach Specific Plan ii. Portable signs: One portable sign shall be permitted on any building site zoned for commercial use, unlighted and unilluminated and not to exceed a total of 16 square feet or five feet in height. Portable signs are not allowed in any road or pedestrian right-of-way. 5. Prohibited Signs a. Signs which resemble or conflicts with any traffic-control device or conflict with safe and efficient flow of traffic. b. Signs which create a safety hazard by obstructing clear view of pedestrian and vehicular traffic. c. Outdoor advertising signs (e.g. billboards). d. Advertising device/display. e. Banner signs. 6. Sign Definitions Except as defined by these regulations, signs shall have the same definitions per the Zoning and Subdivision Ordinance Chapter 233. 7. Lighted/Illuminated Signs Lighted and illuminated signs shall be designed and installed so that direct light rays shall be confined to the premises. 8. Signs Abutting Residential Areas On the ocean side of Pacific Coast Highway business and identification signs facing the ocean are permitted providing they are no more than 32 square feet in area. If lighted, it shall be by external lighting only with the rays directed on the sign face only. 9. Sign Measurements a. Sign Area.- The entire area within which a single continuous perimeter of not more than eight straight lines enclose the extreme limits of writing. Signs shall not exceed one square foot of sign area for each linear foot of building frontage. The total aggregate sign area for such signs shall not exceed 125 square feet for each property. If the building frontage of any business is less than 25 feet, only one sign, having a maximum area of 25 square feet, shall be permitted for each such business_ Signs for the purpose of identifying public access to the Ocean/Beach located at Anderson/Pacific Coast Highway and at Warner shall not exceed four square feet. October 2010 Page 48 Draft Sunset Beach Specific Plan b. Sign Height: The greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign. Signs shall not exceed the building height limit of the district in which they are located. i. Pole and roof signs: Maximum height 25 feet. ii. Wall signs: Maximum height 35 feet. 3.3.7 Accessory Uses and Structures In addition to the principal uses and structures expressly included in the Specific Plan, accessory uses and structures which are customarily associated with and subordinate to a permitted principal use on the same building site and which are consistent with the purpose and intent of the Specific Plan are permitted. Whenever there is a question as to whether a specific use or structure is permitted as an accessory use, the Planning and Building Director shall make the determination. 1. Discretionary action required. Accessory uses and structures shall be subject to a discretionary action per Section 4.2 when one or more of the following apply: a. Required by other zoning regulations, or b. The principal use is subject to a discretionary permit and the accessory structure is over six feet in height. 2. Location of certain attached accessory structures. Accessory structures that are attached to a main building, are enclosed, and are over eight feet in height shall comply with the setback requirements for a main building, except as provided in Section 3.3.7. 3. Location of other accessory structures. Accessory structures other than in "2" above shall be permitted anywhere on the building site except within the following areas, unless otherwise permitted by Section 3.3.7_ a. Within the ultimate right-of-way. b. Within the area designated on an approved building line plan as a setback area applicable to accessory buildings. c. Within those areas where fences and walls are limited to a maximum height of three and one-half feet, as specified in Section 3.3.5. d. Within the required front setback area unless provided for by a coastal development permit approved by the Zoning Administrator. October 2010 Page 49 Draft Sunset Beach Specific Plan e. Within the panhandle portion of a panhandle building site. 4. Height Limit Accessory structures that are within the required setback areas shall be limited to 12 feet in height, unless it is within three feet of a property line, in which case it shall be limited to eight feet in height. However, the height limit may be increased pursuant to a variance approved by the Zoning Administrator. 5. Building site coverage within setback areas. Accessory structures shall be limited to the following site coverage within the required setback area: Required Setback Area Enclosed Structure Unenclosed Structure Front 0% 0%* Rear 25% 50% Side 25% 50% *Note: Up to 25 percent building site coverage of the required front setback area shall be allowed for unenclosed structures if provided for by a coastal development permit approved by the Zoning Administrator. 8. Garages and carports. When alleys, private streets, or common driveways are provided specifically as vehicular access to garages and carports and when separate access and circulation systems are provided for pedestrians, guests, and emergency vehicles, attached and detached garages and carports may be placed anywhere within the rear setback area except within those areas where fences and walls are limited to a maximum height of three and one-half feet as specified in Section 3.3.5. See also Section 3.3.4.2.g. 7. Satellite dish antennas. Satellite dish antennas shall be permitted in any residential district if one meter or less in diameter and permitted in any commercial district if two meters or less in diameter. 8. Swimming pools. Swimming pools shall not be constructed within three feet of vehicular right-of-way or property line or within those areas described as access intersection areas and street intersection areas per Section 3.3.5. 3.3.8 Flood Plain District The Huntington Beach Zoning and Subdivision Ordinance Floodplain Overlay District Regulations and County of Orange Coastal Flood Plain Development Study as amended are hereby incorporated into the Sunset Beach Specific Plan and shall be applicable as designated by the floodplain map. Finished floor elevations shall also be in compliance with Section 3.3 Site Development Standards. October 2010 Page 50 Draft Sunset Beach Specific Plan 4. Administration The methods and procedures for implementation and administration of the Development Standards,_as well as the guidelines and other conditions of this Specific Plan are prescribed below. 4.1 Enforcement of the Specific Plan The City's Planning and Building Director shall administer the provisions of the Sunset Beach Specific Plan in accordance with the State of California Government Code, Subdivision Map Act, the Huntington Beach Municipal Code, the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), the City's General Plan and the City's Local Coastal Program. The Specific Plan development procedures, regulations, standards and specifications shall supersede the relevant provisions of the City's Zoning Code (Huntington Beach Zoning and Subdivision Ordinance), as they currently exist or may be amended in the future. Any development regulation and building requirement not addressed in the Specific Plan shall be subject to the City's adopted regulations in effect at the time of an individual request 4.2 Methods and Procedures The methods and procedures for implementation of the Specific Plan shall be on a project-by- project basis. The adoption of the Specific Plan alone will not require any improvements to the Specific Plan area. Physical improvements will only coincide with the approval of development projects. The Specific Plan is a regulatory document and is not intended to be a Development Agreement. Coastal Development Permits Coastal Development Permits shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. Conditional Use Permits Conditional Use Permits shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. Tentative Maps Tentative Tract or Parcel Map(s) shall be in compliance with the provisions and procedures of the Huntington Beach Zoning and Subdivision .Ordinance. Tentative Maps require a Coastal Development Permit. Variances Variances shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. October 2010 Page 51 Draft Sunset Beach Specific Plan Appeals Any decision or determination may be appealed in accordance with applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance. In addition, the majority of Sunset Beach is in an appealable area such that coastal development permits approved by the local jurisdiction may be appealed to the California Coastal Commission. Permitted uses are subject to appeal to the California Coastal Commission per the Zoning and Subdivision Ordinance if within an appealable area. Certificate of Occupancy Certificates of Occupancy shall be processed pursuant to the City of Huntington Beach Municipal Code. Sunset Beach LCP Review Board The County's Sunset Beach LCP was developed largely through the vigorous efforts of the Sunset Beach community through the LCP Advisory Committee. Subsequent to the County's LCP adoption, the Board of Supervisors designated the Sunset Beach LCP Conformity and Violation Review Board (commonly known as the"LCP Board") as the official citizen's.review group in Sunset Beach. The Committee helped identify the community lifestyle and special needs of Sunset Beach. It recognizes the complex needs and limits of planning an area that is 96 percent developed. Coastal Act Policies have been applied with sensitivity to the existing community. The Sunset Beach LCP Review Board provides continuing community participation in the long- term process of implementing the provisions of this Specific Plan. Such process does not replace the current mode of community,participation, but provides a centralized forum for obtaining community opinion and for transmitting recommendations to the City. The LCP Review Board's specific function and membership is contained in a separate document titled "Bylaws of the Sunset Beach Advisory Committee (LCP Board)." In addition, the Director of Planning and Building shall forward the following items to the Sunset Beach LCP Review Board: ® All discretionary permit applications, special event permits and harbor permits for review and comment at least 21 calendar days prior to final action by the approving authority. Any changes to floor plans or site plans associated with the discretionary permit shall be resubmitted to the Review Board prior to final action by the City. ® Requests for Special event signs and Portable signs. ® A copy of all Certificates of Occupancy issued by the City for their records. ® A copy of Certificates of Occupancy and encroachment permits issued for any use of public properties within three days of issuance for their records. October 2010 Page 52 Draft Sunset Beach Specific Plan Nonconforming Uses and Structures Nonconforming uses and structures are subject to the City of Huntington Beach Zoning and Subdivision Ordinance Chapter 236 except as otherwise noted in these regulations. 4.3 Specific Plan Amendments The Specific Plan may be amended. The Planning and Building Director shall have the discretion to determine if requests for modification to the Specific Plan are minor or major. Minor modifications may be accomplished administratively by the Director. Major modifications will require the processing of a Zoning Text Amendment and Local Coastal Program Amendment, subject to the City's processing regulations in place at the time of the request. Minor modifications are simple amendments to the exhibits and/or text that are intended to clarify and not change the meaning or intent of the Specific Plan. Major modifications are amendments to the exhibits and/or text that are intended to change the meaning or intent of the Specific Plan. Proposed amendments for both minor and major modifications shall be forwarded to the Sunset Beach LCP review Board by the Planning and Building Director at least 21 days prior to action bill the Planning Cornmissior;. 4.4 Severabitity If any section, subsection, sentence, clause, phrase, or portion of this title, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title, or any future amendments or additions hereto. The City hereby declares that it would have adopted these titles and each sentence, subsection, clause, phrase, or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto may be declared invalid or unconstitutional. October 2010 Page 53 Draft Sunset Beach Specific Plan Appendices A. Legal Description EXHIBIT A PROPOSER"SUNSET BEACH ANNEXATION(AN 10-_)" That portion of fractional Section 24,Township 5 South, Range 12 West,and those portions of fractional Sections 19 and 30,Township 5 South,Range l 1 West.of the San Bernardino Meridian,in the County of Orange,State of California according to the official plat of said land filed in the District Land Office described as follows: Beginning at the northerly terminus of that certain course in the boundary line ofthe City of Huntington Beach as established by City Annexation in Ordinance No.920 of said city shown as having a bearing and distance of"South 21'43' 12" West.249.38 feet" said northerly terminus also being,the most easterly corner of Tract No. 21 a,per niap recorded in Gook 9.Page 22 of Miscellaneous Maps,in the office of the County Recorder of said County-thence along said City Boundary Line the folloyyint courses: C.4Se;3 -, I: 1i u"i 21 4.1' 1,?" kk Cst it dista cc—of 1 X, Cours, ': South 07�567'07" West a distance of 3 3.74 tcc:t to st point being in't Cure concave to the northeast haunt a radius of'940, lccu;t radial Zinc of said curse 1,crtr1 sari point bears North 44'1 2'36" last, Course 3: Southeasterly a distance of 63.71 feet alont.�last mentioned curve throW111 a central angle of 01'14'30'% C, h 4 1 27c 2c .,t 1 f "! Course-l:South 7�0 '��#" 1ast a distance s�f_ )._) c, tia the begittauts;�, .:tang.,__ curve concave to the southwest having,a radius of 3060 feet_ Course 3: Southeasterly a distance of 193'3 feet alom-,said last mentioned cure throu«h a central angle of OY39"'0" Course 6: South 4Y22'34" bast a distance cif 1509-82 feet to the beginning of a tans.,ent curve concave to the southwest having a radius of 3030 1ect. Course 7: Southeasterly a distance oft 83.38 sect along said last mentioned curve throtwh a central angle of03�26'55".to a point on a line parallel with and 30.00 feet southern. measured at right angles,from the centerline of Los Patos A%7enue(Warner Avenue j as said centerline is shown on a map tiled in Book 33_ Page 40 of Records of Survey in the office of said County Recorder,said point being the most southwesterly corner in the boundary litre ofthe-.City of funtington Beach as established by City_ :Annexation in Ordinance No. 3489 of said citN.thence leasing;said city botnldars, Course S: South 59'31'�3" West a distance of377.41 fect'along said parallel line to a paint in the boundary line ofthe City of Huntington Beach as established bN City Aurae-ation in Ordinance No. 1 126 of said city.said point also being suut}te'L,;tcrh-along, said Citv Boundary line 40.01 feet from the nonhwesterly terminus of that certain course shown as hacin,,it bearing and distance of"North 42`2813" West. 1S16>_O6 feet thence along said City Boundary line. October 2010 Page 54 Draft Sunset Beach Specific Plan EXHIBIT A PROPOSED "SUNSET REACH ANNEXATION(AN 10-__)" Course 9: North 4 3°23'54" West a distance of 40.61 feet, Course 10: South 89°5 V53" West a distance of 291.59 feet, Course 11: South 49-1013" West a distance of 344.56 feet to a point in the Mean High Tide Line of the Pacific Ocean as shown on Record of Survey 2010-1097 recorded in Book 241,Page 3 in the office of the County Recorder of said County,said point also being the southeasterly terminus of that certain course shown as having a bearing and distance of"North 41°43'52" West, 388.69 feet";thence along said Mean High Tide Line the following courses: Course 12: North 42°38'49" West a distance of 388.69 feet_ Course 13: North 44'46'S9"West a distance of 1085.55 feet, Course 14: North 44°339-1" West a distance of 1283.71 feet. Course 15: North 43'44'38" West a distance of 1709.89 feet, Course 16: North 41"2 3'09" West a distance of 968.62 feet. Course 17: North 47°20'53" West a distance of 703.78 feet to a point in the southeasterly City Boundary Line of the City of Seal Beach,County of Orange, State of California, said boundary having been established as Annexation No.76-1 to said city, said point also being distant southwesterly along said City Boundary line 368.70 feet from the easterly corner of said Annexation No.76-1, thence leaving said Mean High`Fide Line and along said City Boundary Line. Course 18: North 49°35'36" East a distance of 368.70 feet to the most easterly corner of said Annexation No. 76-1, said corner also being the most southerly corner in said city boundary established as Annexation No. 67-1 to said city; thence along said City Boundary Line. Course 19: North 49°35'36" East a distance of 511.00 feet to the most westerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 919 of said city,said corner being in a curve concave to the southwest having a radius of 1060 feet,a radial line of said curve from said point bears South 25'58'14" West(South 26°05'34" West per said Ordinance No.919);thence atom~ said City Boundary Line the following courses: Course 20: Southeasterly a distance of 380.17 feet along said last mentioned curve throuvli a central angle of 20'32'58". October 2010 Page 55 Draft Sunset Beach Specific Plan EXHIBITA PROPOSED"SUNSET BEACH ANNEXATION(AN 10-__)" Course 21. South 43'28'48"East a distance of 389.02 feet to the beginning of a tangent curve concave to the southwest having a radius of 1060 feet. Course 22: Southeasterly a distance of 341.40 feet along said last mentioned curve through a central angle of 1802712". Course 23: South 25'01'36" East a distance of 63.84 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet. Course 24: Southeasterly a distance of 117.68 feet along said last mentioned curve through a central angle of 07'10'23 Course 25: South 32'1 1'59" East a distance of 35.23 feet to the beginning of a tangent curve concave to the northeast haying a radius of 940 feet, t- So ut� ri El 5c- f( '{ rem=,aiott!'o 4 Iasi[ do 5 curve th }I uh a oars'i e.t). ? 'teaste �� :t� 4.as y, :t Sh.® 7 : � 4 aa!a st res.., nL'u car e_ ro .ty�.,, Central ii an to of20-,8 Course_ South 4_`3�_ _ East a distance:of 563.44 feet atom to the be4innin�of tanent curse concave to the northeast hay ink_a radius of 940 itet. Course 28: Southeasterly a distance of 136.93 feel along said last mentioned curve through a central angle of08'20'46". Course 29: South 51'53'43" East a distance of 179.28 feet to the most southerly corner of said Ordinance No.919 of said city. Course 30: North 46'31'47" East a distance of 323.43 feet to the most easterly corner of said Ordinance No.919 of said city,said corner also being a point along that certain course in the southevesterly=boundary line of the City of Huntingnon Beach as established by City- .annexation in Ordinance No. 800 of said city.a distance of 1008.96 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of "North 42'45'00" West.2727.12 feet":thence along said City Boundary Line. Course 31: South 4Y28*34- East a distance of 980.00 feet to the most northerly corner in the boundary line of the City of[luntington Beach as established by City Annexation in Ordinance No. 1089 of said city;thence alonL, said City Boundary Line. Course 32:South 4W'45' 1 1" West a distance of 55.00 feet. Course 33: South 43`14'49" mast a distance of 375.00 feet. Course 34: North 46'45 1 1" East a distance of 15.00 feet. Course 35: South 43'14'49" East a distance of 111.77 tees. October 2010 Page 56 Draft Sunset Beach Specific Plan EXIIIBIT A PROPOSED"SUNSET BEACH ANNEXATION(AN 10-_)" Course 36: North 75°46'26"East a distance of 33.80 feet along said City Boundary Line to an intersection with that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city,said intersection also being northwesterly along said southwesterly boundary 261.60 feet from the southeasterly terminus of that certain course shown as having a bearing and distance of"North 42°45'00" West and a length of 2727.12 feet";thence along said City Boundary Line, v Course 37: South 42°28'34" East a distance of 261.60 feet, Course 38: South 4713'34" East a distance of 35.00 feet to the Point of Beginning. Containing an area of 133.88 acres,more or less. Attached hereto and made a part hereof is a map designated as EVIIIBII'B. SURVEYOR'S CERTII°ICWTF This proposal was prepared by me or under Inv supervision. 1� LA SU Jeremy L. Evans, PLS 5282 Date: "A � Expires: December 31,2011 ' l:rn_tL-3t-Zoe� This proposal does meet the approval of the Orange County Surveyor's Office. Dated this day of 201 Raymond L. Llathe. County Surveyor PI,S 6185, Expiration Date: March 31,2012 -- - October 2010 Page 57 Resolution No.2010-74 Resolution No.2010-74 EXHIBIT a!�; PROPOSED "SUNSET BEACH ANNEXATION(AN 10-91 That portion of fractional Section 24, Township 5 South, Range 12 West, and those portions of fractional Sections 19 and 30, Township 5 South, Range I 1 West, of the San Bernardino Meridian, in the County of Orange, State of California according to the official plat of said land filed in the District Land Office described as follows: Beginning at the northerly terminus of that certain course in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 920 of said city shown as having a bearing and distance of"South 21° 43'. 12" West, 249.38 feet", said northerly terminus also being the most easterly corner of Tract No. 21 as per map recorded in Book 9, Page 22 of Miscellaneous Maps, in the office of the County Recorder of said County; thence along said City Boundary Line the following courses: Course 1: South 21°43' -12" West a distance of 249.38 feet, Course 2 South 07°56'07" West a distance of 53.74 feet to a point being in a curve concave to the northeast having a radius of 2940 feet; a radial line of said curve froth said point bears North 440 12'36" East, Course 3: Southeasterly a distance of 63.71 feet along last mentioned curve through a central angle of 01-14130", Course 4: South 47°01'54" East a distance of 279.29 feet to the beginning of a tangent curve concave to the southwest having a radius of 3060.feet, Course 5: Southeasterly a distance of 195.23 feet along said last mentioned curve through a central angle of 03°39'20", Course 6: South 43°22'34" East a distance of 1599.82 feet to the beginning of a tangent curve concave to the southwest having a radius of 3050 feet, Course 7: Southeasterly a distance of 183.58 feet along said last mentioned curve through a central angle of 03°26'55", to a point on a title parallel with and 30.00 feet southerly, measured at right angles, from the centerline of Los Patos Avenue(Warner Avenue) as said centerline is shown on a map filed in Book 53, Page 40 of Records of Survey in the office of said County Recorder, said point being the most southwesterly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 3489 of said city, thence leaving said city boundary, Course 8: South 89°51'53" West a distance of 377.41 feet along said parallel line to a point in the boundary line of the City of Huntington Beach as established by City ID Annexation in Ordinance No. 1126 of said city, said point also being southeasterly along said City Boundary line 40.61 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of"North 42°28'13" West, IS 16.06 feet"; thence alonb said City Boundary Line, - 1 - Resolution No.2010-74 EXHIBIT PROPOSED "SUNSET BEACH ANNEXATION (AN M-QD" Course 9: North 43°23'54" West a distance of 40.61 feet, Course 10: South 89°51'53" West a distance of 291.59 feet, Course 1 l: South 49'10'33" West a distance of 344.56 feet to a point in the Mean High Tide Line of the Pacific Ocean as shown on Record of Survey 2010-1097 recorded in Book 241, Page 3 in the office of the County Recorder of said County, said point also being the southeasterly terminus of that certain course shown as having a bearing and distance of"North 41°43'52" West, 388.69 feet"; thence along said Mean High Tide Line the following courses: Course 12: North 42°3849" West a distance of 388.69 feet, Course 13: North 44'46'59" West a distance of 1085.55 feet, Course 14: North 44°33'21" West a distance of 1293.71 feet, Course 15: North 43'44'38" West a distance of 1709.99 feet, Course 16: North 41°23'09" West a distance of 968.62 feet, Course 17: North 47°20'53" West a distance of 703.78 feet to a point in the southeasterly City Boundary Line of the City of Seal Beach, County of Orange, State of California, said boundary having been established as Annexation No.76-1 to said city, said point also being distant southwesterly along said City Boundary line 368.70 feet from the easterly comer of said Annexation No. 76-1; thence leaving said Mean High Tide Line and along said City Boundary Line, Course 18: North 49'35'36" East a distance of 368.70 feet to the most easterly corner of said Annexation No. 76-1, said comer also being the most southerly corner in said city boundary established as Annexation No. 67-l to said city; thence along said City Boundary Line, Course 19: Not 49°35'36" East a distance of 511.00 feet to the most westerly corner in the boundary line of the City of Huntington Beach as establishedby City Anncxatiol= M Ordinance,No. 919 of said city, said corner being in a curve concave to the southwest having a radius of 1060 feet, a radial line of said curve from said point bears South 25°58'14" West (South 26°05'34" West per said Ordinance No. 919); thence along said City Boundary Line the following courses: Course 20: Southeasterly a distance of 380.17 feet along said last mentioned curve through a central angle of 20°32'58", - 2 - Resolution No.2010-74 EXHIBIT PROPOSED "SUNSET BEACH ANNEXATION (AL\q� 10®01)" Course 21: South 43°28'48" East a distance of 389.02 feet to the beginning of a tangent curve concave to the southwest having a radius of 1060 feet, Course 22: Southeasterly a distance of 341.40 feet along said last mentioned curve through a central angle of 18'27'12", Course 23: South 25°01'36" East a distance of 63.84 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 24: Southeasterly a distance of 117.68 feet along said last mentioned curve through a central angle of 07°10'23", Course 25: South 3291'59" East a distance of 35.23 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 26:-Southeasterly a distance of 186.20 feet along said last mentioned curve through a central angle of I l°20'58", Course 27: South 43°32'57" East a distance of 563.44 feet along to the beginning of a tangvi: curve concave to the northeast having a radius of 940 feet, Course 28: Southeasterly a distance of 136.93 feel along said last mentioned curve through a central angle of 08°20'46". Course 29: South 51°53'43" East a distance of 17928 feet to the most southerly corner of said Ordinance No. 919 of said city, Course 30: North 4691'47" East a distance of 323.43-feet to the most easterly corner of said Ordinance No. 919 of said city, said corner also being a point along that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city, a distance of 1008.96 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of "North 42°45'00" West, 2727.12 feet";thence along said City Boundary Line, Course 31: South 42'28'34"East a distance of 980.00 feet to the most northerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1089 of said city; thence along said City Boundary Line, Course 32: South 46°45' 11" West a distance of 55.00 feet, Course 33: South 43°14'49" East a distance of 375.00 feet, Course 34: North 46'45'11" East a distance of 15.00 feet, Course 35: South 43°14'49" East a distance of 111.77 feet, Resolution No.2010-74 EXHIBIT PROPOSED "SUNSET BEACH ANNEXATION (AN 10-01 " Course 36: North 75°46'26" East a distance of 33.80 feet along said City Boundary Line to an intersection with that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city, said intersection also being northwesterly along said southwesterly boundary 261.60 feet from the southeasterly terminus of that certain course shown as having a bearing and distance of"North 42°45'00" West and a length of 2727.12 feet"; thence along said City Boundary Line, Course 37: South 42°28'34" East a distance of 261.60 feet, Course 38: South 47'13'34" East a distance of 35.00 feet to the Point of Beginning. Containing an area of 133.88 acres, more or less. Attached hereto and made a part hereof is a map designated as EXHIBIT B. SURVEYOR'S CERTIFICATE This proposal was prepared by me or under my supervisions Jeremy L. 9vans, PLS 5282 Date: $ Expires: December 31, 2011 Up I OF This proposal does meet the approval of the Orange County Surveyor's Office. Dated this day of _201 By: — -- Raymond L. Mathe, County Surveyor PLS 6185, Expiration Date: March 31, 2012 - 4 - i EXHIBIT B v. Ci Proposed "Sunset Beach Annexation" (AN 10— 0 1 ) o ___City of Honlir 80 Beach - ton --- VYD t o.900 - N ASSESSOR'S PARCEL uw. / �i n Ww l MB RS DCN.BIF ❑ r' 11AYA N❑AP.N. 1� �d - OYD N.919 \�' 'i°I •.. '.:.I ') I.. 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DATA TABLE — I y o Hunln y34 B o C. 1D�' _--E I f �, P.tl, M 9/2 - T 89 .. �_ 1 .aoe4 ® Cn I l QX BEARING/DELTA RADIUS LENGTi © REARING/DELTA kAt)US LENGTH 'I + -+ r- -- '- - - -' - a / I I 4 _ O r] Cl e —. _...._. __aMyQ -I-_C1tY of Huntington Beach -.. ._%< // I «e 2 U,2'W» 2aa.J5' xi] Iz0)2 stl'I rD6c •Bo11 y s bz'.v E @ -1 ® rl t 4`�^Y's ! �! Jo% _ --�- _ 1 � ; oRo ND s]o 2 «5O1 SE O1'W» 53/1 zt 513RB ae'E J8902 LLII 1§i-1 `)1 22 118R]1x'I R :..._1 ..�.....__. - ' PACVIO COAST RwWAY ---- J «0',a JO'» 29a0 631' 1050 3{1 a0 - «5 1]V151'E YY RI929' 2] !S 215415'E{ 63,e{' PAORC COAST HIGHWAY _ - O OIn CO _ 6 «DJ 3'xD•m 3a6c 19s 2D z4 61oYro z91- eb nzea' J l --1� £ - ,€IQ €� 7A� � -- ' j-'( T —�u'r ..� -. Il ` [L��f tYr 1 _ 5 Y S xeWcev1 -B JA € U 'JOfy ... s Jx,rs9•E BASIS OF BEARINGS U If _.. - _ I _-c'=IF �-D .._I("ACT �q� i._ i ..... ---sa _" �NrLr Lme e1 ] 032E 35' 1G<0 1BJ`B' xfi Ill EI R. B8.20' e,n IS T4J x" L`-• T Nil" «6b2-N'EYY ����L�LIi.�_- �.'� T rrI''� '1- 6 B9'S.53 W I I3Y)- RY I6 IJ J251'el SBJ.M Ortlmanca4Numba1920 hari,:B D D o 9 e W Q 1 A L-.1).i A`,1''.-I..- AL'_L L-�J�L- - CRO N0.t,x6 e 1r arcs 2 ee deecr Ded In F" C L. I€ B (N 4226'I3'W) 4C.61' 2e 1o62..I ;v Uia Ocviv RI '- V 43'23'SI'W IJ0.93' .,D (N B9,Y26•W) 291:9' 19 IS 51*'&E7 �19sa' REFERENCE - p 6 e9'Sf53•w S 51'S3'a3'E D II (6 SOn6'11'W) JN.56' l0 IN 1859'OB'EI J2].4J' 9'10'JJ'W N 45'JI'41'E _ () RECCFD PER CAD.Nc.Hx0 t0 LITY .�'-'-'�Cily DI HUnlingf12 Beath Ix IlN nvJ'5F'WE 3ae6e' m IS _ 9do.00' c,HUN1wG1CN El All, ORD No.1126 N 42'Se'49•W 5122e l4'E RE FFC PER CND Rc,OCO IU OIY IS (0,a{13.2 .11 1Desss Sz s{eis4i xY sS.DD' [] DF Hu.nrAcrux eucx 3 [(N as3B'2P W➢ Ixev' 3s a 4slns EY ns.Bo. -I I RECORD PER CFO.Nc.914 TO 14 an m o-mn a{'SJ'xi'W S {'{1319•E OF HUNBRGrCH BEACH xlui mw alai luxwl Unc x,c.rt C Ru Rs IIN 4Y49'41'WTf N b2A,,,,EY (()) IS YC9.8a' 34 ,5,00' Rea PC PER ANNEX N.67-1&76-1 TO Cltt N 13'41'38'W N b'45'Ii'E OF SEAL BEACH 18 [IN 402e'12•Al 9Ae.62' 35 a5 4114*-U - ,o.1T / _ QwnEH`e 0�LN N 4123'D9'W _ S b,1'a9'E [[J RECCRO PEA RB 201 C-IDD],R58 21t/J / uNa1CC 1EIiPiroRCrC0UY1Y `I`V" Ql/v� 11 ([N b'25'%•WE ]DJ.1C 36 N)5'30'00'FY 3J.80' <Y RECORD PER U.40 No.1-t0-OP I I11.'BY W N>5'b'26-E NUNBNGION-11. he I IIN 50'30'JJ•FD Jae.>D v (s azb'DD•E] <. v 4935'36'E S 122834 E 261.60 »RECORD PER 09J.No.B2C 10 Gtt OF --'--- NUNnN"a,.,A', 19 [s arao'oo'F1 "'Co' ----..-_------'-•-�-------..-___ / 5 4),3'Ja'E STAR OF CALIFORNIA ORANGE COUNTY BOUNDAFY EV• CO�.:S'AKYOR'e°-�,ice= In p me a y ..mn s � ina o emeel y b el ne ae.9•ce,.1>s,r.ep::Drca 1N16 PARCEL CCNTAI15 A LAND AREA O IJS80 ACRES V� _.. - CITY OF HUNTINGTON BEACH /RIGHT OF WAY ENGINEERING Proposed "Sunset Beach Annexation" (AN 10—__) RFY s-sza2- uRnrM THE cou 1r s RrroR,L,s lzlz PREPARED CHECKED SCALE Dart. -� E)AAArOV CAI: JECEMBFA 31,201 @ � 1J0'RAraI E OA : -J-H 31,2012 DALE AG.R P.AF. I"�200' 11/OB/2010 - N:\2i1UN0,190R\PubllD Wuka\Shoely\aN_IJ-06.0+g Res. No. 2010-74 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of. Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affix native Vote of at least a majority of all the members of said City Council at a regular meeting thereof held on October 18, 2010 by the following vote: AYES: Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Carchio, Coerper, Hardy ABSTAIN: None fi City Clerk and ex-officio`Clerk of the City Council of the City of Huntington Beach, California Resolution No.2010-75 ORDINANCE NO. 3901 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING DISTRICT MAPS 21 AND 35 (SECTIONAL MAPS 19-5-11 AND 30-5-11) OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO PREZONE THE SUNSET BEACH AREA LOCATED IN THE COUNTY OF ORANGE TO THE SUNSET BEACH SPECIFIC PLAN WITH COASTAL ZONE OVERLAY (SP 17-CZ) (ZONING MAP AMENDMENT NO. 10-001) WHEREAS, pursuant to California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public, hearings to consider Zoning Map Amendment No. 10-001, which prezones the Sunset Beach Area to the Sunset Beach Specific Plan with Coastal Zone Overlay ("SP 17-CZ"); and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented. the City Council finds that the aforesaid amendment is proper and consistent with the General Plan_ NOW, THEREFORE, the Clvv- Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That the real property that is the subject of this ordinance is generally bounded by Anderson Street to the north, the City of Huntington Beach corporate boundaries to the east, Warner Avenue to the south and the Pacific Ocean to the west, which is herein referred to as the "Sunset Beach Area" and more particularly described in the legal description and map attached hereto as Exhibit "A" and, incorporated herein by-this reference. SECTION 2. District Maps 21 and 35 (Sectional Maps 19-5-I1 and 30-5-11) of the City of Huntington Beach Zoning and Subdivision Ordinance are hereby amended pursuant to Zoning Map Amendment No. 10-001, which designates the zoning for the Sunset Beach Area to Sunset Beach Specific Plan with Coastal Zone Overlay ('SP 17-CZ") as shown in Exhibit "B", the amended Zoning Map, attached hereto and incorporated herein by this reference. SECTION 4_ This ordinance shall become effective immediately_upon certification by the California Coastal Commission but not less than 30 days after its adoption. 1 09-2 3 51.003%�52-241 Ordinance No.3901 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the lst day of November , 2010. Way D ATTEST: INITIATE AN APPROVED: 4-City Clerk J�_- Director of PIanning and Building REVI E AND APPROVED: APPROVED AS TO FORM: u_Cify%Administrator City At orney AT T A"rltv'EN l S: Exhibit A: Legal Description& trap Exhibit 13: Amended Zoning Map 2 09-2351.003/52241 Ordinance No. 3901 Ordinance No.3901 EXHIBIT A 9 PROPOSED "SUNSET BEACH ANNEXATION (AN 10-01)" That portion of fractional Section 24, Township 5 South, Range 12 West, and those portions of fractional Sections 19 and 30, Township 5 South, Range 11 West, of the San Bernardino Meridian, in the County of Orange, State of California according to the official plat of said land filed in the District Land Office described as follows: Beginning at the northerly terminus of that certain course in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 920 of said city shown as having a bearing and distance of"South 21° 43' 12" West, 249.38 feet", said northerly terminus also being the most easterly corner of Tract No. 21 as per map recorded in Book 9, Page 22 of Miscellaneous Maps, in the office of the County Recorder of said County; thence along said City Boundary Line the following courses: Course l: South 21043' 12" West a distance of 249.38 feet, Course 2: South 07°56'07" West a distance of 53.74 feet to a point being in a curve concave to the northeast having a radius of 2940 feet; a radial line of said curve from said point bears North 44'12'36" East, Course 3: Southeasterly a distance of 63.71 feet along last mentioned curve through-a central angle of 01°14'3 0", Course 4: South 47°01'54" East a distance of 279.29 feet to the beginning of a tangent curve concave to the southwest having a radius of 3060 feet, Course 5: Southeasterly a distance of 195.23 feet along said last mentioned curve through a central angle of 03°39'20", Course 6: South 43°22'34" East a distance of 1599.82 feet to the beginning of a tangent curve concave to the southwest having a radius of 3050 feet, Course 7: Southeasterly a.distance of 183.58 feet along said last mentioned curve through a central angle of 03°26'55", to a point on a-line parallel with and 30.00 feet southerly, measured at right angles, from the centerline of Los Patos Avenue(Warner Avenue) as said centerline is shown on a map filed in Book 53, Page 40 of Records of Survey in the office of said County Recorder, said point being the most southwesterly corner,in the boundary line of the City of Huntington Beach as established by City Annexation in OrdinanceNo, 3489 of said city; thence leaving said city boundary, - Course 8: South 89°51'53" West a distance of 377.41 feet along said parallel line to a point in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1126 of said city, said point also being Southeasterly along said City Boundary line 40.61 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of"North 42°28'13" West, 1816.06 feet"; thence along said City Boundary Line, - 1 - Ordinance No. 3901 EXHIBIT A PROPOSED "SUNSET BEACH ANNEXATION (AN 10-Q jl " Course 9: North 43°2354" West a distance of 40.61 feet, Course 10: South 89°5 i'53" West a distance of 291.59 feet, Course 11: South 49°10'33" West a distance of 344.56 feet to a point in the Mean High Tide Line of the Pacific Ocean as shown on Record of Survey 2010-1097 recorded in Book 241, Page 3 in the office of the County Recorder of said County, said point also being the southeasterly terminus of that certain course shown as having a bearing and distance of"North 41'43'52" West, 388.69 feet"; thence along said Mean High Tide Line the following courses: Course 12: North 42'38'49" West a distance of 388.69 feet, Course 13: North 44°46'59" West a distance of 1085.55 feet, Course 14: North 44'33'21" West a distance of 1283.71 feet, Course 15: North 43'44'38" West a distance of 1709.89 feet, Course 16: North 41°23'09" West a distance of 968.62 feet, Course 17: North 47°20'53" West a distance of 703.78 feet to a point in the southeasterly City Boundary Line of the City of Seal Beach., County of Orange, State of California, said boundary having been established as Annexation No.76-1 to said city, said point a1:�-( being distant southwesterly along said City Boundary line 368.70 feet from the easterly corner of said Annexation No. 76-1; thence leaving said Mean High Tide Line and along said City Boundary Line, Course 18: North 49°35'36" East a distance of 368.70 feet to the most easterly corner of said Annexation No. 76-1, said corner also being the most southerly corner in said city boundary established as Annexation No. 67-1 to said city; thence along said City Boundary Line, Course 19: North 49°35'36" East a distance of 511.00 feet to the most westerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 919 of said city, said corner being in a curve concave to the southwest having a radius of 1060 feet, a radial line of said curve from said point bears South 25°58'14" West(South 26°05'34" West per said Ordinance No. 919); thence along said City Boundary Line the following courses: Course 20: Southeasterly a distance of 380.17 feet along said last mentioned curve through a central.angle of 20°32'58", - 2 - Ordinance No.3901 FXIIIBI T A PROPOSED "SUNSET BEACH ANNEXATION(AN 10-01 " Course 21: South 43°28'48" East a distance of 389.02 feet to the beginning of a tangent curve concave to the southwest having a radius of 1060 feet, Course 22: Southeasterly a distance of 341.40 feet along said last mentioned curve through a central angle of 18°27'12", Course 23: South 25°01'36" East a distance of 63.84 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 24: Southeasterly a distance of 117.68 feet along said last mentioned curve through a central angle of 07°10'23", Course 25: South 32°11'59" East a distance of 35.23 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 26: Southeasterly a distance of 186.20 feet along said last mentioned curve through a central angle of 11'20'58", Course 27: South 43°)2'57" East a distance of 563.44 feet along to the beginning of a tangv,_v _ curve concave to the northeast having-a radius of 940 feet, Course 28: Southeasterly a distance of 136.93 feet along said last mentioned curve through a central angle of 08°20'46", Course 29: South 51°53'43" East a distance of 17928 feet to the most southerly corner of said Ordinance No. 919 of said city, Course 30: North 46°31'47" East a distance of 323.43 feet to the most easterly corner of said Ordinance No. 919 of said city, said corner also being a point along that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city, a distance of 1008.96 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of "North 42°45'00" West,2727.12 feet"; thence along said City Boundary Line, Course 31: South 42°28'34"East a distance of 980.00 feet to the most northerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1089 of said city; thence along said City Boundary Line, Course 32: South 46°45' 11" West a distance of 55.00 feet, Course 33: South 43°14'49" East a distance of 375.00 feet, Course 34:.North 46'45'11" East a distance of 15.00 feet, Course 35: South 43°14'49" East a distance of l t L77 feet, . Ordinance No.3901 EXHIBIT A PROPOSED "SUNSET BEACH ANNEXATION(AN 10-Ol " Course 36: North 75°46'26" East a distance of 33.80 feet along said City Boundary Line to an intersection with that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city, said intersection also being northwesterly along said southwesterly boundary 261.60 feet from the southeasterly terminus of that certain course shown as having a bearing and distance of"North 42°45'00" West and a length of 2727.12 feet"; thence along said City Boundary Line, Course 37: South 42°28'34" East a distance of 261.60 feet, Course 38: South 47°L3'34" East a distance of 35.00 feet to the Point of Beginning. Containing an area of 133.88 acres,more or less. Attached hereto and made a part hereof is a map designated as EXHIBIT B. SURVEYOR'S CERTIFICATE This proposal was prepared by me or under my supervision, LA Jeremy L. 9vans, PLS 5282 Date: Expires: December 31, 2011 OF G R1 . This proposal does meet the approval of the Orange County Surveyor's Office. Dated this ,day of. 201 By. Raymond L. Mathe, County Surveyor PLS 6185, Expiration Date: March 31, 2012 - 4 - EXHIBIT B 0 Proposed "Sunset Beach Annexation " (AN 10--_0 1) ORO m Cttr t H tlNo. D n_ 800 i v n' om ASSESSORS PARCEL tin NUMBERS `9 C9YE l E' Cana pi0 Ro 91B n ❑ � j � � I]A.A.P.N. F 411�r F -`�'-`-- _C1Y oOPC N49t919B ��I R ` ✓ L I:y I `yL '1'° J.... B �1]6-E6,-x1 5 LIB-bJ1-M �Ul fTL;Ili L il.[._il D wee,-23 Y Si— \ A PACIFIC COASr,eAMMAY Sly lCwrw of 0t no AI EASY Y E 1)6-eel-91 91 't7e-601-.8 F�1 -� PApDC NPtMA _ r 1)e-{61-.0 x IJB-y31-O6 FE� Q - -T,, IF F C 17a-eel-xe Y i]e-w-? RWnWMN Ft - �$a PADFIC aAtt,ewrrAr - I i $Laf[ x BPa1CW `��T $h 7777 C ve-xl-n t ne-ss,-u p F �, ICI F -I IL-I _l I t ...1 I� _p�_ ,I I� 1- -__...._'a�_ LLl _;�,1 .. - _..._L_� .. t 17s-MI-24 a in ell-64 ANN�A NA.67 1 ' r-� I - R` T i. i t. C: I sBa B nl I r - d - -1 -`t aL- 1 i is F f a- �j f E e-ael-31 I7e-aJ2 s r ,._{. dal 1 I: �R'�� .__Jdldill FI. _.1�.._�� �� �_1 ...: g���: €[ :: I��� i{° �T M a cel-u I'_s -N i _ a _ ° ?L i 1 J w n Z 1 -e6l-Ja 1 1]E-e32-O o t>s-eet-Js 9 no-1,12-ee PACM P IM-eel-]] N ,ID-eJ2-49 Mu,E,r Caer•e� 0 11e-eel-sa I no-e32-]e COMM _ Annex x,:.26-1 LEGEND N€ I Ex9m¢ ,v or NUXtacYa eEAa ' BOVNDMY v MEAN nlC-NAt (rnn),ixE,A„'e,1Ul.,,PLx kY'<UII-1 Uv),NSe k.'./1 / m W9IWC CITY UP SEK BEA01 unixCOnRRRI10irCwNh + 9UJIOMY N IDENTICAL .' �\ PPoo - %',I,a curt VPn CiUnO CV�11 BNNDAA� I ORG No 10Ng \'�' - J iA . O.. _ Clty of O N.,9lon B acn I C'lY o untingtm Beach __ _ f,ct cw oR0 Nu flUo R6S xa,3489 ,----DATA TABLE—_- --- -�- I / cRc iae0 nw -,t\ .� x yf.Mw.v%zR w e BEARING/DELTA RADIUS LENGTH QF BEARING/DELTA RADIUS LEfNGiH L - i® I- ,�� -111,al H,mtln lon Beech ~ Is.�.Jse.e;il / i o s ORDNo9920 S 'en'Drx A al.a. r JBB O2' �., .-� �(xS',� Q Uv3rse1 loco Seo.0 _— A In: � 1 O 29.0 ts.11 ax 11e2T1Yl .I 1 �° . loso +c' I 7jJJ I I T T ICI �- I.lVl°a'E» a]9.29' 23 I!L10�.[I a>&'� I PADRC COAST XQIIBAY QI � � --_— _.-'•-_„ ! OS'191U'» IeeQ x 15:3 }< y 32 IVnOiJ'I 9[ 5> I. 11]e9' �F� I k'- F I+Gr ... AO ' Unu1.COJnty e «SIS]3 N'f» 1lv9 tlx 35 b>e' 23 Z ��-I J�1 1 t _ _ ,,.bc _ �D:vs.rr 1n.a.,— '+^+^rs►r-r ] I a3zs ss•- Joso' 1w.ae is 1­WI 9w lasso BASIS OF BEARINGS - 2 _ _ _ '. F f'06 of tF a YFI'Trp F lw,e a1 e 5 699 SJ'n J)).AI L 12.UR5 Je'E J0.1.N' m.narmratwlr,n.01 W sM 2 e0- I -- I III I I a 1 L I �,-11111 ISLJy1.1-L) $ L..�l $QJ am x>tlse L ---- N 4Y}9'I3'n7 s1' I to loazc'N'I AW' 13P.9J' ' (h a '2e'M1) 291.39' 29 IS{I'N'21'CI 1)9.xa u' L,aN1 10 _s e0•srsJ�M --_.�._.._-. s slsJ'41'_ _ ' REFERENCE (a sVfb'1.'A) w In N•J9'OB'EI 37,.3' O uC R Ns Wn 9.910'33'M N N'J1'1]'E_ t) refCVNV Pfx IXN.M1 '.13n tU oh �,..+ �.�City o1 HunlitigW E-1, (EN 21'BreY all 3«x [s.x•u'oo'El. a 1n,N nncla eum ORO Na.1126 1a n.;`W R lan 69' J1 9no.W Ifn..nrcz•a➢ l0eass' 32 a wae'.s'E, c1lunnxciulxuu'ul N"ro 011 O N'.J'l l'B (t..J '20 w➢ -_-- a cans•o I I sC m PEx a,u s to a:R Nw".a IxbJ'xY SJ s U1.'.9'[ ]]e.N' .Or,vN11NCRN Y1v le IIN.r.9'.1'M➢ tV9.BH' J. ,Iai t1L1Nhnn.1.NI3,rR''NlJ ee''''OJe,Be•'9wa -_-__.- s.s-es_z Js aeN NsNN'1a3./6ria''.NIs9,•''oEEF,. u11l n - PD PA A-1 Na 9I !e 1 To CA SEAL BAn 2, ➢ Nv^'a^wM uxrEnP vCIi'eD uiY, o-lRq,Re u1n 00 ff➢RECCAD PA i 200. RSa x.1/J CGUtt a➢ `D 41911'a 33.90 < Na loe9 ID CIY d' x 7e'424'E VBJNTNGIUN BfAG ' 1e t(x a090.3T Ell �}p v (s.ru'aF'fl zel.co'- n Je•E e.2]B'3.'E «»RECORD PEP 00.Na.92C i0 ott of ----- nUntihGlp.BfAL* 19 ((n.9'19'OY Ell lIt.00' tS VTJO'pY E7 3l.M' .�-�..-.�------�.----�...�- .9'19'Sd•f S A71S3.'E S1AIE M CAlIrg1NIA/ olAxOE OJN3fr eIXMo., - C^'xtt selanCe <YwrtxPNY mo aa�3 ea.e mnl D,.roae.s s11e<as.,9•cP,A:r s,rn,a:Dr--, ��9k.oRs�*NmrfNr .e r9a vMcfi NNTAme..Exno AAFq a 13aee Aars.;-.,.,w.� CITY.OF HUNTI,NGTON BEACH / RIGHT OF WAY ENGINEERING ._, r. ti „,,, $ _ Proposed "Sunset Beach Annexation" (AN 10—__) µ-,i.^.!r PYµS ._s .xX3 �c.<R:< funa+01.MAM CQ S RVEYDR,E.S.nla CA.; 1 ooz u9 R JI,3011 "' f,r 10,BA[ ARC,,n,2012 PREPARES CHEC EO SCALE DATE . AOA, P.dr. I•.Am' 1,/09/2010 �-. - �-Y® - -•- •�-� N:�2XUN011002Ap,.>le_MaM1e\S.Me�AN_10-ce.a.g Ordinance No.3901 �unu m -'J•h/ d t ' venture Q (, y k i � rr� F - �,ra-C n c Matdq C r 0 3/ - . %a� r n Peale Cq � c , liannel Ln _ tis t y Os 1 M t aranabay C, ,. ... r. Sunset Beach Specific Plan-Coastal Zone Overlay S P 17-cz O o. w A CD z O W cJ LEGEND Parcels Huntington Beach Boundary y s Par" x Specific Plan Boundary Exhibit 1 .3 Zoning Ord. No. 3901 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HIJNTINGTON BEACH ) 1, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on October 18, 2010,and was again read to said City Council at a regular meeting thereof held on November 1, 2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Hardy, Coerper ABSTAIN: None 1,1oan L. Mon,CITY CLERK of the City of Huntington Beach and et-officio Clerk of the Cite Couneii,do hereby certik that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 11,)010. & � z In accordance with the City Charter of said City a Joan L. Flynn, City Clerk �`y Clerk and ex-officio`lerk Senior Deputy Cite Clerk of the City Council of the City of Huntington Beach, California Res. No. 2010-75 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on October 18, 2010 by the following vote: AYES: Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Carchio, Coerper, Hardy ABSTAIN: None City Merk and ex-officio C rk of the City Council of the City of Huntington Beach, California ATTACHMENT #6 i-� -243- Item 13. - Page 101 This is an annotated version of the County's Specific Plan/Local Coastal Program,as prepared by the City of 2 ;Huntington Beach. Its purpose is to identify: 1)the sections and language of the County's document that have been ' �7,carried forward into the City's proposed Sunset Beach Specific Plan and 2)the sections and language that are not M'included in the City's document with a brief explanation. �`A As a general note,the Countyprepared their Sunset Beach document as a combined Specific Plan and Local Coastal a }r t :Program(Land Use Plan and Zoning)" In Huntington Beach,the City's General Plan Coastal Element(the City's Local Coastal Program Land Use Plan)contains the land use,policy statements and descriptions of the Coastal Zone, 3 h whereas specific plans are focused documents that are more specific to zoning,though they discuss land use.As a .consequence, much of the information in the County document is(already)covered by the City's General Plan and ``Local Coastal Program Policies and is not proposed to be repeated in the Ci s Specific Plan for Sunset Beach" og P Po P hr P . `f ? JNotes: R,01.The annotations are generally provided in the right margin in regular font. � a 2.City Local Coastal Program(LCP)Policies are designated with a"C"in front.City General Plan(GP)Policies are designated with various letters,depending on the Element they are located in. 3.References to Specific Plan(SP)Sections are references to the City's Draft Sunset Beach Specific Plan,dated August � } �M1 � 2010. �c t�o-1-e._ : S�m2. o� �� �aqc C1uM1,�►'S gin. -�-�_ r�2 p�C.t'�1b4X ��i �c��7�3�201 { 9-0 Vn- 4J e {ti Y`A �Y LL August.2010 Item 13. - Page 102 -244- v = ' Bab AM «c L s M - a gas � laml LANI SPECIFIC P LOCAL COAST�AAL p-R, G-RiA,,M ATItem 13. - Page 103 . 0 ORANGE COUNTY BOARD OF SUPERVISORS Don R-Roth, Chairman Fourth District Roger Stanton First District Harriett M. Wieder Second District Gaddi Vasques Third District Thomas F. Riley Fifth District ORANGE COUNTY PLANNING COMMISSION Stephen Nordeck, Chairman Third District A. Earl Wooden First District Roger States Second District Chuck McBurney Fourth District Thomas Moody Fifth District ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY Michael M. Ruane Agency Director Thomas B. Mathews Director oI Planning Kenneth C. Winter,Manager,Land Planning Division ATT �.� NO, Item13. - Page 104 _ -246- _. PREPARED BY: - EMA/LAND PLANNING DIVISION Ron Tipp-etcSection Chie#,Coastal Planning Bill Melton,Spec'sfic Plan/LCP Project Manager Frank Munoz.:Graphics Mary C. Wardle,Graphics Iris Miller,Word Processing WITH THE ASSISTANCE-OF: Sunset Beach LCP Board of Review Sunset Beach Community Association Sunset Beach Commercial Association SUNSET BEACH[ 'ECWIC PLAN/LOCAL COASTAL PROGRAM COUNW OF ORAME - M*PMOW&WAL MMAG04MT AGE SEVIEMER1 .,..: - - 247- ATT Item 13. - Page 105 TABLE OF .CONTENTS PAGE Section I INTRODUCTION g-1 Section II CAI. PLAN RE7M II-1 Section III LAND USE PLAN I. Introduction III-1 A. Sunset Beach III-1 II. Resource Component A. Introduction III-3 B. Sunset Bead Resources III-3 C. Policies III-10 III. Transportation Component A. Introduction III-is B. Regional Transportation III-18 C. Sunset Beach Transportation III-20 D. Policies III-22 E. Air Quality III-23 IV. Access Component A. Introduction III-25 B. Coastal Access Program III-27 C. Definitions III-27 D. County-vide Recreational Needs III-28 E. Sunset -Beach Coastal Access III-29 F. Policies III-30 V. RECREATION AND NEU DEVELOPMENT COMPONENT A. Introduction III-33 B. Sunset Beach Land Use Plan III-34 C. Sunset Beach Land Use Plan Policies III-36 D. Sunset Beach Land Use Plan Development Guidelines III-37 E. Sunset Beach LCP Advisory Committee III-41 -i- Item 13. - Page 1®6-- -248- ��T _ - . �a•5 r LIST OF FIBS PIGURE NO. DESCRSPTION PAGE 1 :Orange County Coastal Zone III-la 2 Geology III-Sa 3 Photos III-9a 4 View Analysis III-96 5 Master Plan of Arterial Highways III-19a 6 Traffic Volumes and OCTD Routes III-20a 7 Existing Bike Trails III-20b 8 Typical Section III-22a 9 Existing Access III-29a 10 Land Use Map III-34a 11 Land Use Regulation IV-A 12 Channel Encroachments IV-17a 13 Criteria for Channel Encroachments IV-17b 14 Post LCP Certification IV-24a- Permit for Appeal Jurisdiction Map s BVH:im 0100314021791 --- ----- -249- _ Item 13. - Page 107 _ I , INTRODUCTION on March- 9, 1982 the Orange. County Board of Supervisors adopted Resolution No. 82-36-9, authorizing:preparation. of a Specific Plan for Sunset Beach. As stated in that resolution, the .Board determined .that development of a Specific In SP Section 1.5 Plan is an appropriate mechanism for preparing the: land use.regulations Previous necessary to implement the Local Coastal Program: (LCP)/Land Use Ylan (LUP) for approvals,pg.6 Sunset Beach, The Land Use 11.1aa, i=ncluding..Devdidozient Guidelines, was approved try the Board of. Supervisors on ray 6, 1981';as an. amendeent to the Orange County General Plan. The purpose of the Sunset Beach Specific Plan is to tie together the Land use Plan and Implementing Actions Program of the Local Coastal Program. In January, 1986, the Board of Supervisors directed the Environmental Management 'Agency (EKA) to prepare an amendment to the SBSP/LCP. EM staff worked in close - coordination with the LCP Board to prepare the comprehensive amendment which served to modify and clarify Specific Plan policies and regulations. Amendment 90-1 to the SBSP/LCP vas approved by the Board of Supervisors by Resolution 9 90-1244 and Ordinance 0 3798 on September 26, 1"0. The Sunset Beach Specific Plan and Local Coastal Program (SBSP/LCP) consists *of the following four sections: Section I, Introduction, describes the authorization and purposes of the Specific Plan, and the structure of the plan. Section II, General Plan Review, includes analysis of all elements of the General Plan to ensure consistency with the Specific Plan. Section III, Land Use Plan, provides the background analysis for the Specific Describes Plan and includes the four required components of the Land Use Plan Phase of the document Local Coastal Program: Resource, Transportation, Access and Recreation and New organization; Development_ Each component includess -a section. of policies designed to cover not necessary issues raised in that component. Also, the Recreation and New Development inSP component includes .the Land use Plan map and Development Guidelines, both designed to carry out the intent of the California Coastal Act consistent with the desires of the Sunset Beach Community. Section IV, Land Use Regulations, consists of the Land Use District map and Land Use Regulations which implement the LCP/Land Use Plan. The regulations include general provisions, district regulations, and off-street parking requirements. ST":im(WM) I-1 010031401"24 Item 13. ® Page 108-_ __ ------25®- �`liI+,sxc-yd roi - 8j�::= ti✓,s x; � } t 4.s i^' '.ska.�--�i,w vt �' 's ti y _.. .-gs.. ,L gy 3 t•'+-F r v. '"� x.?L'4` a .'i ,f .;_4.4 4�5'Sy z:.',,. l;cY ;.s ro* f ,. 'c t��. '- '- br Y�L •'—; ;: ,y}. ,::firms-+, tee.t Z a' ucs``+`m> k `,�•'4si� s k ` +1. ^sh- y �' l �- .r^ 4 i '_-s~':: -� 0 bz`1sY '`t"€ �++r:o ^ x s --: - } 5�r'k' `? 'K'`:. ,.v�b f`"r ,r^ra.'i�',fi s S".: 1« rr'. ,fi '�,`X. 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C i lro 9 k '-�y. ,_ L 'H x z ni' aCi r Y t S - - x T 3 .- } J ?H �. 3 r Z'C jr 7. S x "^ ,._ r �. L 3 ',( _ - - k { 3 t. 2 i 1'. y ''+ F z.+'xr " 5 ,r r.:1 r - h - z t k S. i - t . 11 ` ` �'. �._ J (qv x r - ,� -- - s. f ,r.- " '. It V e-/ - .-_ ------ - -------- ----.-.- - ---- ---- ---z51- - -- A7 Item 13. s Page 109 GENERAL.YLA[d REVIBit section_65451. of the California Government Code. delineates.yhat a spec3fac plan shall coatain In particular; specific puns �Ilsball.; nclude.. all.deters ed ..:- regulations; conditions, programs, aad prop osed_;legisIttion::vhic sba12 be ., .. .. q necessary or convenient for- the systeaatic.imple;Iaentation of the general plan. The sunset $each Specific Flan;addresses::the msindated;'elements .of` orange : .. County's'Geberal Plan a- i6nows: A. Land Use Element The.Land Use Element (LUE) contains objectives and policies for development of the unincorporated:: area in both narrative and. graphic ter>(ts and;, establishes development criteria and. standards, .includa.ng population density and building intensity:: A 14"M use plan depicts ;;the,general_;distribution,_ Iocatioa ' and extent `of publfc'and ,prvate: uses of.Iand, .Pol�cxesyproviie a basis for the evaluation of physical development and .groxth trends:,. determine. land use capacities and the appropriate level of public services Describes the necessary to support these capacities. County General Plan; B. Transportation Element not necessary in SP The Transportation Element contains objectives and policies, for planning, developing and aaintaining, on a county vide basis, a system of surface transportation necessary to serve the existing:.and....planned land uses of the County. It also describes' the practices necessary to implement such a system, establishes'criteria' and standards, and graphically.depicts the. general location and::class Iifications of a system consisting,of freeways, transportation corridors, arterial highvays,. transit, bikeways and scenic highways. The Transportation Element has the following four Master Plans= 1. Master Plan of County-vide Bikevays Z. Master Plan of Arterial Highvays 3. Master Plan of Transit Systems 4. Master Plan of Scenic .Highvays C. Housing £lenent The Housing Element is the statement of County commitments..to the development of housing in the unincorporated area. These commitments are expressed'in housing 'goals, objectives;, policies and programps. The goals of the element are based on state law, 'assessment of shelter- needs, quantified objectives and identification of problems .impeding. the development and acquisition of housing. As such, the element serves to guide and direct County affordable housing programs and coordinates local, state and federal housing policies and programs. II-1 F . to. q Item 13. o Page 11 A -252- _ � ,o ._ D. Public Services and Facilities Element Tb.e Public Services and. Facilities Element sets forth ,goals, objectives, pit33cies. and:strategies for thY glaifing, ;ffianaget, and implementation. of public facilities that are necessary to meet Orange Coun.ty's existing and ftrYure demands: The goals of 'the element are based .on quantifed;oblectzvesx an assessment . of_pubYic facility`needs, `and the .identification�.of problems impedsng the plagn3ng ' management"t or implementatYon of=County public fucikt xies the Publirc Sergiees and Facilities-Element serves ,to�:�guad'e anddirect County decision-making in public facility mattexs, and=also .#osiers. coordinat on Describes the vieh regional, state, and federal polities and program. County General E. noise Element Plan;not necessary in SP U Noise Ile ent i.dent3f es. the sources of noise,.,analyzes•. ehe,:extent...of. ,. the no.. sntrvsaon'ind estimates, is potential iapact upon_.the, County,, This ideAtification process in: tuin .provides the basis: for goals, policies attd img]emet:tation programs designed to pteserve, vhere possible;, a quiet. environments F. Recreation Element The Recreation Element contains goals, objectives, policies and strategies for the acquisition, development, operation, maintenance, management and financing of County'recteation facilities necessary-to Reet Orange county's existsng'and :future needs. The policies;and programs::of the Recreation Element form an effective imlementation plan to. meet. the, established_goals. The Recreation Element serves-,>to gui_de and::direct local government decision-making regarding issues and- facilitates the. coordination of local; reg .onaly state a>od federal efforts. The Recreation Element has the following three>Master Flans 1. luster Flan of Regional Recreation Facilities Component 2. Master Plan of Local Parks Component 3. Master Plan of Regional Riding and. Riking Trails Component G. Resources Element The Resources Element sets forth goals, objectives, policies and strategies for the development, management, preservation and conservation of physical resources necessary to existing and future demands. The goals are consistent with state requar'ements, and are based on quantified objectives, an . sses5ment of .resource; neetds, ..and. Identification of constraints impeding the development, Ianagement, preservation ,or- conservation of county resources. The Element serves. to-guide local .govexmoe!ut decision-making in resource.-related Matters. ' The Resource, Element has the following components:: _ ---- 31-2 .. At 253- _ _ AT Item 13. - Page I I I 1. Natural. Resources Component 2. Energy Resources Component 3. Va.ter Resources Component. 4. Open Space Component 5. cultural and Historic Resources Component H. Safety Element The Safety Element summarizes seismic, geologic, fire, flood, crime, and airport hazards in Orange County contained in a Technical Report Which presents detailed background data for each hazard. Describesthe A discussion of levels of risk is included which considers economic and County General social implications along with illustrative.examples of levels of risk for Plan;not certain structures. necessary in SP Goals and policies to mitigate the effects of each hazard are proposed. The relationship of the Safety Element to other components of the General Plan is reviewed. A plan Implementation Program is proposed with recommendations to initiate required actions. A major amendment to reformat and modernize the-Safety Element is under way. The existing Element sets forth a phased implementation program relating to the identification and analysis of hazards in Orange County. More detailed implementation programs, including- a Hazardous Baste Element, will be included in the updated Element set for Board of Supervisors adoption in August, 1987. I. Growth Management Plan Element The Growth Management Plan -Element sets forth goals, objectives and policies for the planning and provision of traffic improvements and public facilities necessary for orderly growth and. development. The purpose and intent of this element is to mandate that growth and development be based upon the County's ability to provide an adequate circulation system; adequate sheriff,. fire, paramedic and library services and other necessary facilities; and, through all of the processes established in this Element, natural resources and the natural environment shall be protected. A major goal of the Growth Management Plan Element is to ensure that the planning, management and implementation of traffic improvements and public facilities are adequate to meet the current and projected needs of Orange County. AVM.-im(VM II-3 0100313595060 Item 13. - Page 112 _ __ ------- -Zs�- - - AT N- - 'y - --- �3 - 41:, t�-.._ S`` -'fir- tv ',. '�d t.vt rr; k 'i r-: ti- {,� �. .+t,.. • 5..:. v k. ib,.0 x F.: a ,s t.t, i r s �:,u£ 'R M'�'�r�"-cW •� ,--''i 3.�" _, v'- i a s �t-. -,_ "` ,", a . `s. a;y,� I"' �,r Ff\:.- ,£- .a,i s,,`i:'k '.'^f H +.r*v'+ a''s,£ >a s -x f_f 4 �`- `."t`Lzy era .-s Y .,� .. k qx..'3�' c- ?' v,+•'�x f' .� ,t '1,t uw- p5 :°q. 3 -0-q r' r-. +'`S d;� � `Q. s-� ,•+ -.y� `,�. �- H,.-.�+ g'K.r. 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M-11, " ,- ' - `l�r-l-l----I I w--,"-'.-..-, "'. -- "..... , .1. �.. " - .1- �:�:'.�:::. .,� - ...' rl - - :- :�, .1 I �- -_.-I. . I I 11 , " - . :1 ,_:., "I �� 1 , I ':� ':1,�-� � I ," ' , " I .1 . 'I � .1 �". ,, I , . ..'� ,� , .. :'�-g. •'�; .. .r : ' I . , , -�::" .' -�--�;:, -. -�: -.','� :'-: :-:'�'-1--'-''�'-- .`��,�':'.��'.'�'-:. :':�� N l5 4� i. Rol-�, . .:. �..-- - � - ` '- �- �--l.'.'---" - I :.' �3-!"7 F ".: -. i„r �. - :.; ,. '_ - 4 <.,. ' �' - � - � , ��ii��;"�- � .�-�'.1 .. . a y. { " - , �'�� ,--- -;, .�: C, :• '." t� ' " ' "'�"'�' ',,'.��-`-.'..'.�"�',,,, _:, A 11-1? IRAs-kV 5,9^ t 1-17 -- - - -- 255- _- ------ . -. _.- a� item 13. a Page 113 III . LAND USE PEAT I e- MVTRODUCrION This Local Coastal Program:(LCP) comprises-the, Land Use- Ply- llp) and General Implementing Actions Program (IAP) for the Sunset Beach Com�ty in discussion on northern Orange county (Figure 1).. local coastal programs; The Coastal Act of 1976 sets,foth state-vide goals- concerning the not necessary environment..within the coastal aonev-, To achieve these 'goals the,:sct,._.:. in SP mandates each local government to prepare a--"local .coas:tt&progra>e" for areas within the coastal zone udder its jurisdiction. Accordingly, the: underlying objectives of the County's Sunset Beach Local Coast] Progra>B are to: Protect,*main.tain, and, where. feasible, enhance and restore the; overall Ai quality of the`coastal zone..,environment and its natural and man-made. resources. - Assure orderly, balanced utilization. and conservation of Coastal zone In SP resources taking into account the social economic needs. of the:people Section 2.2 of the state. Land Use, pg. 10 - Maximize public access to and along the coast `and'-maximize public recreational opportunities in the 'coastal zone: consstent Frith sound resource conservation principles and constitutionaliy. prote-ted rights of private property owners. ' - Assure priority for coastal-dependent and-.coastal-related development over other development -on the cols i - Encourage state and local initiatives and: cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone. Consistent with the policies 6,fYthe Act, this Ia. focuses on the protection of coastal resources through orderly, comprehensive planning, General local and the regulation of :development in the coastal zone. The LCP consists coastal of a Land`Use Ylan (I.CP) and an Implementing Actions Program (IAP) program comprising policy guidelines and regulatory requirements, respectively. discussion; The policies contained in the. Laud III'Use. Plan establish ,parameters for not recessary evaluating future development projects within the area. The 10 sets in SP forth the measures that the County should take to achieve the degree of resource protection required by the Coastal Act and serves as the foundation for the IAP (Regulations) which will carry out the land use plan through zoning. A. Sunset Beach is a 115-acre County island, a primarily residential In SP community which stretcues 12.mles from Seal Beach- .aL the northeast sectionl.l extremity to Bo - ica State Park, with which it is contiguous, at Location, the southeast. It is bordered on the southwest by .the Pacific Ocean Pg 1 III-1' Item 13. - Page 114 - --- --- 256- A ° � -�fa CD.13 SMWTA MA In SP TUSM Section 1; Exhibit 1.1, it P9.2 1i11/LYE �. ldEYYBCBT LAGUNA*. ' SAH JCNN I CLOOO E WOMPOlate ED COaSW 20M eon, :ORANGE--COUNTY . COk��'AL �QNE Figure 1 - - --- -- 257- -- - - A-T Item 13. - Page 115 In SP and on 'the.northeast by the Huatingtos� $arbor and Peterrsw 1�a3ng 5ectior� 1.1 developments of the d-, of;Hnat�n t n. Beach. $rtt- the .ocean inland Location, Siutst Beach i"s :for�aed: :bp. five success �e s>rps .:runhing:the length uof .;pg.1 the commuatg, the approximatelq 3t�-acre'Gouatir beach, the scan ifront resxnres aongLSout Pc hveu , fhe .$ouh �"green=atr '� aid public parking facility bit South a %d Pa'c #ievenves, the residences along I�rth Pacific and sYde_.streets, the mixed residential=commercial 8uildgs .oir bcjth`.sides of P;sci:fic Coat;_ Highay;, and the zesd?ences on Sunset<>Island and aid :aeent. to Bark Aweinu'e,. Basset Reach is unique among coa$tAl communities iu: that-61 percent of its total area is publicly otined and utilized; Of its 115 sexes, 70 acres _are devot4ed':to public uses In SP Section 1.2 SP Area There is a mix of residential densities and types in the co ity, Background, chiefly as. a result-of zoning variances granted; these variances have pg. 1 accoaimodat'ed' duplexes tr-'W7 es, ;aim four piexes :on 2; 700 square-#oot lots. Vhile the community-- is mostly built out, recycling is; :..:, occurring. some housing in the area is serving moderate income Direct access Lo``the beach is provided- by. erous:-public streets through the residential areas. The County improved the;-old- Pacific- Elec:tric right-of.=vap as a linear park., bisecting. the community vith play areas, picnic areas, patt►vays, and . par : ng: spaces. As of> 1989, parking problems still.,eiis:t- due''to poor distribution of supply as related to demand in certain areas. 111-2 5 Item 13. o Page 116 - - _ 258- 32e A. IM,Q�UG"FIUNr T"he Resource Co Ponenf°of Lhe Sunset, B ac f cal Coastal Progsaa is' coogrsed``of the follgwing segen>,-prodi�ets°,.<: Describes organizational 1. Habitat Constraaots and:Protect;on _-Wl- addresses g of ection of : section;not necessa in Sp eater resources, aarAL�ne_..resonrces,_and b�uffer.areas;; ry 2. Tong Term Habitat Management Program -- addresses methods for permanently protecti resvurcess 3. Public Health and. Safety -- addresses management of areas containing hazardous conditions pertaining to geology, floods"and fire; 4. iand and Vater Conservation.;_, W_resses protection of laid water resources; 5. Vievshed Protection -- addresses protection of scenic resources (scenic vistas, scenic corridors, unique landforms, archi-tecttiiral -character, significant.:vegetation,. land':use character, landscape character); b. Vievshed-Reclamat'ion. Pro gram -- addresses reclamation of vievsheds is scenic areas degraded .by development; 7. Cultural/Scientific Resources — addresses protection of archaeological, paleontological and historic resources. The Resource Component specifically contains the following information: - Description of the environmental setting or existing conditions for each subarea within the Sunset Beach Local Coastal Program area; - Statement of specific issues resulting. from analyses of the environment setting/existing conditions information; - List of existing -County of Orange policies and additional policies that will ensure conformance of County policies with the California Coastal Act. B. SUNSET BRACE RESOURCES 1. . Habitat Constraints and Protection a. Terrestrial Land uses in the study area are predominantly residential and InSP commercial/business vi°th recreational, use along the ocean Section 2.1 shoreline. The residential use consists of _single and Existing Conditions, Pg.8 III-3 1U1=K1T kin n U n -- -- -- -- - m259 -- - _' Item13. - Page 117 multiply falgtype �3#n$s vi�cr creel eed thro:tgbout Idat# resdeaCyahs commeciai"roaedrvare Etlsting commrcia uses rang es s�teb as�� fCet�`, to•�mot-e 'a�rea side faezlites such as. mcteis, res:tatir tsy dad specihity shops a e sting sesident and . c�amercial ar�3S �r" °9b_:percQat�`;c�e�elop�.-�• The`study aFeaj`poses=�fhe ui�i4ue~�aAd �ncr�asag3�:va�ual��:e cor m Lai of its acfii shore 3na THe st. eren i s "a tso snrrouased as''xts nTansi'ssde try a s :stee=ef-watrvaq: canals in'`the Buntxr�gtrni #io�r drelapmeatTand is i� p oximty to;a major wildlife refuge and Sunset AquaEie Park. = The' area 'exbxbits generally low € with elevations ranging troy sea level"to 5`feet=-above'>sea level. Fir f the shoreline 3n this segmeazt has beets relatively' In SP Cctt3nuous,since the const`rurtn of the eft i € Section 2.1 � tY of Anaheim Existing Bap:�n#Ti444 fin 1945, the=i ry®fionst>Eucted 60(t .feet of stone Conditions, revetment dowricoast from the Aaa6eir_Bay eastetty to retard t]!e erosion"but had to re=aforce it-the fol3oetinCg year. In pp 8�9 197, the revat�nent vas farther ex"t'erided,aadr a.Mood sheet-pile bttichead ;esta#Iished to strengthen the ttioe road': In the i4ta0s,''1k2Z,'OQ© cubic garde of matp. erial` were placed on. the beach Additional material placed along "tie Surtside-Sunset. Beach sharill latest included `g7r4, cut ire yards is 1456, 4 trtillion`cubic•`yazds in'19�64," 2.3 mil�'aon cubic Yerds in 1971, 1 5 fill on cubic yards in 1979 and 1.I "m 3lioa' cubic yards of said in 1495.. Much of the area northeast of Pacific Coastal Highvay was once a Marsh and slough and bras dredged.aad redeveloped' to establish Sunset Vlslatld and Huntington Hat hour. The develop t of`these. commvnaties destroyed-the marsh-slough Habitat and much of the vfldli€e vas displaced,% The study area itself does sot provide aIsuitable habitat for wildlife or native vegetation because of its highly urbanized character, although certain avifauna >nay forage' on the beach. b. Littoral .along "che sandy beaches of the study area, plankton, organic detritus, and, debris form 'a pritary,food source ;for many of the macroscopic U.e., large enough to be`observed by the naked eye) "species of marine animals;, such:as beach hoppers, sand 'crahs, and•varous species of clams"" Also,` aicrofauna could possibly be a food' Srource for invertebrate macroscopic filter feeders. Filter AM depo§it €ceders provide a food source for many fish species "such as. barred surfperch and California corbina;_and also for nueerous'__shore`birds such as vi]lets whim relt` dovitchers, plovers, anti gulls. In turn, many of the vertebrates, .especially the fishes, provide a food source for larger carnivorous vertebrates such as -other fishes and mammals. 111-4 Item 13. - Page 118 -260- ATTACHMENT . (n I, ""1 x �iaay turertebte seee Sibx ! C �4 � abt�Rdail@e i a> rarlity�oaaysg cs sate Th fish` `� Dr, species ;preseareRect� , � o�yang3ers but in SP are not ciusivo co 3aed tot the sbelT yra er of Tile open. Section 2.1 coast saaclaclses tY e �Q �' eper vaters Existing or.: in bays a�i±ti }ta#�l Crts,.4 d „e a o7 1eb fa to s'as Ai,or2f_Lo; Conditions, habits, spa* xursg habits, 1"reatFer ¢ iidit3oas,. vane cc»ditiois, pg.9 and3rcunents,.> Pismo clams a kno �ta exit along the intertt dal and,subtidLal zones of t3}e san 1b ely eac shoreline h <.p frs Auahel�s .may Harbor >wo the• entxance�>yo }3esort Harbor. Tbisr bivalpe -is ,aA:rn�portant zesourc sougbty recreational Ccl M.xers Prevvious beach nourishment;operations bane seve ,elx di. sturned -- intertidal fauna- =To deterrie v�'iether, pfsmo Maas. had recolonized .along the project :area. sboseine s; ice the. prevfocis aoub�ent operatson in I9714 a recoazsassance investigatoa was >aade ,bye Corps personneloncember Z, 1pTti. Description of In k0bub 5� mutes of probistg irf th one clam in3 fork, 28 p clams were taken fzom Lhe lower interLidala acme. of the bead. clam study, - t�nz most;beacbes it xequ�res b or 7 years for psmo clams to not necessary attain legal side rCalifornfa'Fish and Gaide's game licit size. in SP of b. 5 inches and,8, to 9;bears to,r+ ach , inches .(.California Fi:sh and Goy Z971:) The zmorit of clans found by the Corps gore less the 4 inches, eh�ch seems to indicate a xecolon zit ens of ,the intertidal ca r beach since the previous 1971: beach nourishment. Tiro of:the clans taken were over S inches in diameter. These clams could 'have come: from subtidal depthss seaward of the last' ..bead► fill deposition liiiats. The open coast sandy beach along the project area and- remaining beaches slang the study area are spa ring habitat for the:=,grunion Ogher,::fish ;species such, as the..barred In SP surfpercls,and California corbzna are found in the surf zone section 2.1 feeding,priffiatily:upoh sand,crabs:,, Existing Condition's, ConwonLsandy beack organssms svch as the_sand crab, pismo p9.9 clam, bean clam' and polyc'h,.4s are know to exist intertidally and subtidally aiioag the Surfside-Sunset Beach shoreline in spite of previous beads deposition operations. Thore-la little doubt, that recoloa satiori of the project shoreline vi>l con,t411L to occur. , Rowever, the Ke establishment o€ a..community,may be.hindered, depending upon the tide the, disturbance= ours If tho.;;das=urbance. occurs during a p?stentzal3y successful period of specs recruitment, larval;settlement :could be retardiA paring to the instability of disturbed boa-, at and changes is eater quality. If future nourishment operations. occur during_ a'period,.of.potent ally successful p sma clam recruitment,...a Year class of tlams could be; advetsely affected along t& pra'oci shoreline. • III-5 AT i­1LJbflC:K1T Kin t. ISC -261- - - Item 13. - Page 119 iA4 n There,seems to'her a sears of fin€o ti4txrY eottc%tit 'the distri�sut3on atad ab.w d nee of m3� faun spec; es 0 -Wt asst#ciafan . h >:fipa :c$ast'subiidl gattoltita,ts of southern California gccordng to Qliver and Slattery there, are:no pntiisfied stues of the spt�ad tempctra3 General ocean varataons of, atma,.teritttia'an exposes su#tt%dal sadbotfora. habitat community;=on tie west coast. . _ - information, not necessary In.1971, .Gotsha3l (f7.l} investigated-;theV subtidaL sand=bottom inSP hab%_fats` offshore f Seal and SurfsiYe .Suet SeacFre .: Biological surveys xere 'conducted prior to, during, and after the Corps State.;4A beach nourssbi"if o".''peraf 'on t-help => determine the impacts tha.i the operation bad on the marine biota. d. Issues Identification must be made of opt-lium timing of beach nourishment to protect habitat areas. e;.'-Buffer.,Areas There are no significant buffer areas in Sunset Beach. 2. Long-Term Habitat Management Program There are no significant habitat areas V1 thin: Sunset Beach, due to the fact the area is fully developed. Therefore, a .County-wide management plan is propo ed. The California Coastal Act.maudates Anciusion of 'implementation measures as well as poli"cies. and plans in the context of the Local Coastal Program. Much of the drganfzat.ional and' institutional Describes the framework currently exists within the County of Orange for County's management of impleaentatiion miasures. approach to creating a The mandated,.ele�aents of°'the Orange.-County General=Plan may be management amended::four:.:times annually This: but r-';a patal ily sufficient plan;not iaplemen.zati'on Measure .be cause::such action=coed ct;ed at a specific necessary moment in time cannot delineate entirely -a co%ple %e'resource in sP management program.. Such is the case because resource management decisions and implementat'ious may be segaential_ The Orange County Zoning Code and other ordinances, policies or guidelines may be vrit'ten and/or interpreted liberally. Such action often allows habitat destruction 'or' degradation in development projects. Additional problems exist.: that`may, impede the ocrdation and operat'ion' o#`a- Long=Term .Habatat iia nLeuance Program. Vithin the County,of Orange,.anthori'iy and responsxblYty''for implementation of,resouree management measures are, :fragmented among several III-6 Item 13. - Page 120 - - - -- 262- A T I MEET NO._ agen divisi ser ons or vice fumetiors Fuu cies, di labi3ity + #dac es existence P crape �# hair faf m agement ecri s. Co ieVV I. atga p :ante- nd P owanteres*vraup 4pften impedes .orrese»es habii mabagealnt eiorts. ested.i�dtnrests often aa�ociate i)teir c�tce .��h those of they."f�bl3oTM := . 1t xs recommended t# t tbg Cotu►ty of Orauge �areate sw study team of tf experxs employed gi'thin_Cocmt3 =agencies or by County- desg>aated constil:tant fi-rms .,to,create; compose, implement or enforce a long term habitat >>oanagemeht pragras on a County-wide The.ove�cafll program .st�ouldFCbntan,..but not:be limited to;, thtt fv2loxag phases: . .. r Describes the - Creation of Study Team County's - Goals and organizational procedures of Study Team approach to - Methods of analysis creating a _ b. Identification Phase, managementplan; not necessary - Type, location, extent, degree of sensitivity.., of habitat in SP area (may be termed a "Master Environmental--Assessment") - Mapping - Delineation of individually sensitive habitat areas. c. .Policy/P.lan Phase Creation of policies and development guidelines that adopt a "variance" appeal portion to be decided upon by members of:.the Study Team only. d. Maintenance/Ehforcement. Phase The duties of the Study Team.wouid include the following: provision of a general overview of all predevelopment and ; :development phases, fvrmulati.on, guidance-and usage of restsl;ts af_.research projecxels.tud _ =>selection among techn cal.%alterna.tives;-and maintenance of such recommendat-ions.. 3. Public Health ,and Safety a. Seismic Hazards. (1) Environmental Setting/Existing Conditions Seismic The Newport-Inglewood Fault Zone, which is directly hazards adjacent to the study. area,-presents a-major source of already in the concern. Sunset Beach is highly,, tible to moderate Huntington � y susce p Beach GP and to heavy, damage-during an earthquake of a magnitude of LCP 6.0 on the Richter. scale or greater if the epicenter lies 111-7 va a ---- ---- - - _ -263- � ,oItem 13. e Page 121 is !ose pfof to the stud�t area The su * area r cv�r3 lso be a fectae1w, A o gtetahex: magAitilcie as $ ts; °#her Phan; pt„I ]�e . Seismic hazards already in the Geaeral cNkracieri�tics o€Ystuft-&ea of1S { a�ii 8r Huntington Beach Y. }en eombin d, Vi th ca posf'tion, adS�e# vr bature, etcs a�r GP and LCP theigh gonnd water 'table; csete a;sstugAn are a hig Pfobgbi3�rtp o€ 1i4 ifaeuost�l been identified in ne3Hiboring areast as recently as the Long Bear. eartiquake of 1933 (see Figure Z.) - (Zj Determination must be teade of the. level of risk from seismic hazards, it table to achieve acceptable levels of risk must be developed. b. Flooding: In SP Section 2.4 Ocean"avatar creates a flooding>problea in Sunset :Beach. Flooding and There€are; for new developuent aloag;.the, coast, .special design shoreline consideratloas :. ust be met; as described ia :the COASTAL F 006 Structures,pg.22, lus the-on ng code and Section 3.3.8 PLBIiA DEVEI.OpME@Pf STUDY, {January.. 1985), p. , Section 7=9-1]3; Floodplain Distract Regulatioas,> shall be Flood Plain District, applicable. pp.51-52 4. Land and Nater Conservation a. Existing ,Condition Describes vicinity; The .only idenilffed resource area is..the.gaaheim-Sunset Bolsa no necessary in SP Bay The Sunset'Beach ` lanninig :Area represents, only 20 acres of a total drainage area of 48,000 acres. The City of Huntington Beach con-lain&the majority of the drainage area. b. Issues How vi'll pollutants- from Sunset Beach be controlled? 5. Vievshed Protection a. Env ronmentaL Setting/Existing-Conditions In SP Section 2.3 The entire length of the Orange County section of Pacific Circulation, Coast High'vay r"s designated'=as-- al scen c::b ghvay, specifically pg. 20 a vievscape corridor. V evscape corridors are. defined in t e Scenic Highvays Component of the Transportation Element, as Describes County "routes which traverse a defined visual vithin. vhich scenic GP;not necessary resources and aesthetic values are found. The emphasis of in SP these coirzdors is scenic vistas and :natural vievshed." They`Pacific Coast Highway through: Sunset Beach is punctuated Describes sign issues; by arall roof, freestandit►g,:-and billboard=type signs. Most not necessary of these signs are hot in conformance with County Sign in SP III-$ (tern 13® - Page 122 . _ -- -- -264 T�° � ��T N . G.21 - �treonstYstettrpt 'his� .as well .as: acTt�ofsereeofir�l►etas ? g �t �+t. ct fto Describes sign Paerffc Coastr'Brg2it�eiy s.value � scen ��tig�irraq. issues; not necessary in a 9ssde fYom sign considerations, Pa r ie 0�f �0M through. SP t €� study area provides 3ittle rpr rSti dieiit�tife ar,.ea. ia'x�h ch=i t ss.vacated. : he marfdct gns aged buildings:on Pacific.°Coast H3ghvsy;keeps sts scegignation from being a reality despite its praacieit to tie ocie. i6tr ce to sate development standards v=lk praye impetus .for , mpzoving the Scenic h ght ay The boor prob, 1 . removal of nont onforaing.. signs is expendr:ture ttf time; and: e#ort; in rocess violations p. ng • Although many noncom 6tmi signs remasit a program to brims study a?<ea signs into confoinze with the Sit=District is ongoing. The Sunset Beach shoreline possesses a unique and increasingly valuable visual resource-(see Figure 3). The study area also In SP is surrounded on its inland sine by' a system of waterway section2.1 canals an the Huntington Bazbottr development and is .in Existing roximit to-,,a major. VIldli#e Ref , and Conditions, P - Y T uge AQuatie Park. the pg 8 study area., with its system of:,cro*s streets be veen Pacific Coast Highway and the beach 4hQr line area:, provides excellent access to the beach: area., .Tbe. number o users :oilthe teach vi:thin the study area has increased, thus Inereasing the demand for parking space (see Figure. 4). b. Issues - The adequacy of existing height regulations to preserve views from public pedestrian areas and to protect the Character. of'-existing -development must be insured. A need exists for additional development controls to phase out nonconforming signs vi.thin thegn'Restretions District. Significant landforn features. must be preserved. List of issues; not necessary The "viewshed" for Pacific Coast Highway must be defined in SP and protected. The value of Pacific.Gaast Sighway as a. scenic drive vith trails must be retained. Construction=of..additional beach- access parking must occur. 5. Vievshed Reclamation Program a: Environmental 'Setting/Exsting Conditions As noted in the previous, section, "V,ievsbed..Pro.tection", ".. .signs, as vell.:;as Iactc of screening of highway uses,. 111-9 ATTA Item 13. - Page 123 • r� @A� �''�� i t ti(y�:'�,�. �1iy.Si;(,t1���'p'�+{aJae����,�■�� ���������� 7'..�'�4�,.f � L t,';ti t l �s'istwm . • •ill S S.!.,t � �� E. 11 �f.!�11 Si kom . r .111111 F 'ti,■will �11i11 1.1®Ai:f11111 1 �11�:� M� 1�i111 �1 1 o11111�11111110111,1 k IS t n'?I� Pti�i�� "`.l'i .A -r•S: n 1 r '. 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I.. iy.,. �rii�y{`p�r.} ,.�G. i.{� - ,P., J:r.:) i„, ..-.i .:.'+ `!::;�, t, -�:. ..: ,•( It '�{ 1 � .I. .;�h, �.i:; PF� <:;�NAr�,�,, i,4, r�?'?....,.'(c `` .i �E:'.�,•!Y-:} 1 ..�.�1. „��.-� j� 1ii.,.i�I �.� 'r.'.'" 1 i '.r:. '.9� +r 41 e(t:r:1} ..��(, g ji tr � :,1 `t�`'!(3"� 5.... 74 i+ p1.1� '��S,IS.I.. ;,�J9�il vi:.71 r��a...:i�.�fr t:�.',:•,rP�',l r...�:u:..._.��..�<41+.A,.kt r ,5 .,:. .a. ... ��....:.G.'.{:.4�1�.6q!Ii'il1 -.... .. r .... ,.,.n.�.. ..o.li.L'dE!..6x,,.. ,.�'.�al�;t��ah�grL<!�4'Y�.'a.pt�i{ear..,it.�:� • -a :r i • ti `fit cG/►� £vg `},€ `P�. �~ __ .. ��`��'-�:.`( k Ya-a+F Photo area are not necessary in the x,® SP 'City does not PtlB JC`ACCESS typically include them in.Specific Plars Aerial photo .�... included on pg.3. � . PiBUC PARKING e _ - WAY AT" WAY. 9 3 i P- ",Ww ; BAY VIEW DWE AT'SROADWAY �z h r F19fre.3 -- -267- _ATT IItem 13. ® Page 125 4dC s ! 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GrYi.i PrrP till 1 q IR} ,rn 1 ' MIIWI il�lln 'Ill�fi ,� ,ram • � r, p� I® �n �' �yrw:a:c '�� n I, MAI ':r.al; '�a?:�.a.1P✓• ,alrOrili'.$id.�'1: IIII ■111# ' ��111�.1l�il� ; l�f11���1111�Ilill� ililt ',, 1l11� Ill pilots�■�A�w®:®��►�. -,, :t tdr T�'+P !'a'!tl t.a "S ! .?d:�� ! ; r't:•N�" , m�p4gti4�'r,tF,•v� .�'�yy(t�"�q y 1��,�}S�. r is tt .: .,,a o{,•,}}�, '..1 x {,{ 1 �irJ.4 ..� 1'.lt �.� Ji''4,t t 1...}1 �/.! TIT, p yi'}:,2 iyF 7 ,.,, : .,. .. .. ,;•:•7 t,s•; ': .. _c ,;�tr ..,t V ( ., ., ., i, . :: ,N ,,.,,.- i ! •.,: ':d t 1 !: n, { �,:,, . 9 I d ,,�;, ;.t;��ri ,dy Da::, '}1;Lii�Rtf '8:t r, ..4 L„. ::rlR. ; :�.,}t ,. .,• ( �- '7- L. p 7; +1.-�.. 1,irs:vM, ��„tp't? i. � if.l '.._. Ilt•,:: s.+Cii..�,l ,!,...•:. ,I*',• 1:1.;r. i ::,' r ..,•. ».. � 1 111t ,/..;. I r.:i,.�f...1 cL a. .,f:,1 i a.v._tT" ..rllf.r�tt� ,..t5,k:.�s�.JtY cs;'�..`.,n..11:�{rn;7�.v»"_ _--'�.,_.__ j �0 <� 5 . 4 PA °°r'� "> �C3:£ §,h^t .. ., List,Rf issues, f , _ riot necessary fSp " lh fi - � st�3xi> sigregt�lal xan/aba€es�e�t x { demon 4 fi = Detert�nao ��b mad `ifIeed exssr a n 0. w,a,�r "�g 71-c/�� `cr 2s:3i r`"z hkt: r 1w y 9 f 7r� Chltu �c�,�ntific� QQsourceS ':�£ '� ' r_ No.spe lic structures a Exssting Co itions are ide�riMad by the 3 x County,demolition of TTiere are kuos cirltt3ral/sclerit-* resources za the '4 strictures would lie Poi area. A fev`of the oldest stzucftues mad_ be of some minor = subject to standard n protocblsfior historical it►>Lex�sr. r potentiaI ly h'isto ric b. Issues.: `': struetur s. Cultural/Sra tl#2c resources x+eu led issues are a� XeRssec� fnO�specific to c r - xwa rt... N r sSretBeach; Ie fllaaeOtt11Lyrcj78eO�Q�iC8o21t0 �gCSXSS@3�Y8OA &4eibes Plan, Board�l�olutYoa;_Atuaber'?7�'8£>6' , ,,, " - protocols covered by the,Huntington C. Pt licies Beach.,GP and LCR., Cal ifgrna;coastal:Act_ Tlie Io110*dng-Coastal Act policies s be"incorporated as Orange CdUnit Local. Coastal.progran policies;, 1 T{arine resources shall Abe manta�aed, enbaac+ed, and., vher¢ City LCP Policy C €easil3e, restored Special protecti€ shall'" a*dfi to a 6.1:3 and specaes: o€ special='bxologfcaL or e�onQaac-signs€icance. ,Uses of the; marine euvirextnent shall be:carried out z1x a manner that° City LCP Policy v11� snstan the vbiclvcal productii'tY o€,ycoastal waters and': C 6.1-3 ghat vial s[aintaia �ieath�►k %nlat3o of all sp►ec3es of`marine vrgaai`sms adequate �oriin; them commercial, reereetlona�],. pan 2nu 3Q� 2 the biological productivity and the quality of coastal waterer City LCP Policy strews, vet 'an dsx es MppYopriate to mBtiTltaiu - C 6.1.4 Optimum gopt�lat1co�o€ erars a Qr a sm'$ and for the so e� it n of humar►;hea2t#i sh be inalbed a3ne #easfbe, illestQr Through, among ot3ieraai m#nimzing adwese > €Acts ofwas e 3►ater `discharges `aa+d tra�nt,� coAtrolix►� run oft, pzeventing ►tytCP ter Policies 6.1.1, depletloxt oroul� RerPiesaci enCflurag;ng> iaste;t k 61.14,7.1.4 reclamation; Main ai i xsat ral vegetation t€ er`areal thaw protect riparaaa Esa€iita.ts, and alnmi�ng alteratosr of aatttral streams fSec. 301 I. Environmenall . sensitve habitat areas shall be agar City LCP y protected . 'Policy C 7.1.2 any s gnif :cant disruption of lsab tat,values, and` only uses _ --- _ - - -269 - - -._ Item 13. - Page 127 depeadetrt of such 'resources shall_be a13oWed > .th ::such sLeas City LCP Policy C 7.1.2 $. Tlavelopiwat fn areas ad�acenx to;.,en- seN,1, . �; hab]tat City LCP Policy areas and parks',an recreation;areas s#�a be sited ;ail deaxgd C 7.1.3 to prevent apact"s which":would situ., caatl�r degrade snch areas, and shall be compatible vi�th the, writ auat►ce of such hab#tat areas 5. The scense and ursual qugiit3 es of coastal areas shl be City LCP Policy conssdered and protecte _as a resource of.publ. c importance. C4.1.1 Permitted deveYopmeat shah{be=;nixed andxdesed to proec# views to and along .the4 trceand sceaic4coastala arenas;, to lai>aimze alteration of. natura3 land forms, t4 he vilsually compatible" City LCP Goal the character-:of surrounding areas: and, Where :feasible, to. C 4 restore':and enhance visual quaity.. ih vYsually,:_degraded areas New development In 'I sceie:areas such as;.those=designated ill Not necessary the C 1ifornia Coast Preservation and Recreation. Plan,pre yed in.SP;sunset by the Department of Parks and Recreation:and by local government Beach not shall be"'subor"diiisate tOA character of.its" setting (Sec ° 30251 included in the plan. County of orange :General Flan Land Use_-Ele>rett " The foiloving is one. of eight major land we,policies of the Land Use Elements 5. Enhancement of Environment To guide develapnent so; that the quality of the physical environment as enhanced. City GP Goals The purpose of the Enhancement of Environment Policy is to ensure LU 4 and LU 5; that all land use activities seek to enhance .the physical City LCP Goal C1 emvironaeeat°, including the-air;, va#e;; >sound levels, landscape, and plant and animal life. This policy:does not mean that environmental enhancement precludes development.. It recognizes the need to improve both the man made and'na;tural environments. Vhere aspects of the natural environment are deemed to be truly _significant, this policy requires-, measures be:.-taken to preserve these aspects. County of Orange General Plan .Resource:,Element :(O.pen:.Space) 7. To protect life .and property by regulating land use in areas City GP Objectives subject to flooding, landslides, noise,.high"_fire 'hazard ;qpo high EH 1.1 and % EH 2.1, earthquake potential; and to set aside land. for human refilge in Goals EH 4 and times of uatural 'diiaster. N1; City LCP To ensure the health and- safety of-County residents by Goal C 10 and identifying, planning for arsd managing open space:area.;,subject to policy C 1.1.9 flooding, landslides, noise, high fire_hazards; and earthquake potential. Item 13. - Page 128 - 27®- �1 G . ln. 2 7 S. To enss�>axa tk�eonsetioalfo �$de recreat ong7 sc+lntic., scient:111-1c a ka' t 61� Ma es. o designate open space'areas that . "met e±snsee� ntan find eiatce t»te fisgnTfianl~ YtaEturateSotoB rid ptica City GP Goals fe&tn>^es ofv:uAitt€oz poraed. t3rangeGounf3r. RCS 2,RCS 3, ERC 1,and Policy ERC Not all uAdeveloped laid rs to be considered >� oft s) ee .rote�etiot . In teords -ce faith the M ";- Goge�e�if: 4.1.1; :efintioh of eopen,space, Tt'1S'obss; tbat tie oboeoie is-€or City LCP focal agenc2es to :taic� the t�ecessa eeaz es that ptese .and Objectives protect resource areas =f>to ncompsxble dge ;opsent- use. and' :t and C 7.3 g>rotect the:>iublc €rda pottisl� evelapmeut°o � a has. 9. To seek oti>,. evalua:tc;,and,:take ad nta -of.special;:opportian ,es to ob'Ca :o pen space as- these oppo*tuitites .become ::avaalable aisd whew-. "the available:opes>b space meets or helps ttt, meek. estatslhed°ocn space goers°:and 'ob €ti= es 10. To plan. for the acquisiitioa, :development:, maiitesaance, operation. and financing, of open space lands Aith:. provide te¢reationai, scenic, aesthetic;; sci, tific and educational: oVportunit3es , The ;,State Government-Code .aliso contains an open space definition that further clarifies the role of oPen space. A partial; definition of open space is: Any parcel or area of land or eater vhi'ch is essentially unimproved and devoted` to an open space use::as :defined (below) State code a. The preservation of natural resources, including but not reference; limited to: not necessary in specific plan. 1)' Areas required for the;..preservation :of plant and animal life, including habitat for fish and *aildlife _species. b. Public health and:safety,, includingebut not limited to: 1) Areas required for: the pro teoete ,nf uity and reservoirs; and 2) Areas required.for the protection and enhancement of air qua?a ty Habi_tat--Gonstxant _sitd Protection City GP Goal 11. The county of Orange shall identify ,fish, vldli€e and. vegetation ERC 2, habitats throughout the County; to require proposed development Policies plazas to - dentffy affected habitats; to accept habitat ERC 2.1.2 and dedications; and to preserve the .fish, .wilA ife end vegetation ERC 2.1.10; 'Species:of the County:, City LCP Goal C 7,and 12. The County of Orange shall prevent the elimination of fish or Objective wildlife species due to man's activities; ensure that fish and C6.1 III-12 --_ _ 271 _- T- Item 13. - Pie 129 See previous pa, Vildlife populations do_ not drop belol� sgI perpetua ap -----is;; items 11 and 12. preserve, protect >a>ad enhance or future generato a;33 eogimunfties aid to;=g�tovdde,foz P,ub o vae fnj of these species:,- within akin such grotecon 13: The .County°-of_ Qran&e shall pratect,gtbe sgeeies within their ratural;.:habilat frog ha-as-SWORt anc molestataon by coatroll#ng. access, by regulatio>4 and bg eafoFcement,n- City GP Policy LU 24 All, development shall be designed to fit the site to ography, 5.1.6 and Objective sd11s,; geology, hydj�ologq, and aay other existing coadltipss and EH 1.1,City LCP be oriente :so,., da pra ip Policy gr$ n re an absolute minimum. Nat,iw ,fea.tures sha7,1 be :prey c 1.1.9 15. All development planslgrading plans shal.1_;define the:;precise City GP Policy LU 5.1.4; location of sensitive habitat areas. City LCP Objective C 7.1 15. i'laas for erosaoaand sedameat eaatrol measn;es, inElndia landscaping and. provisions for maintenance responsibilates need City GP Goal EH 2 to be..estalblished<as:a :requirement of,the:approval posses. and Policy LU 5.1.4; City LCP Policy 17. .The construction of: amprovements to-:land vhich.will probably C1.1.9 .require.-protect fro>e icoas-tal: erasion is tie: foreseeable future shall not 6e allowed except:.as perm ttsd_by Sections_ 30253 and 30235 of the Coastal Act; City LCP Objective C 18. Construction in coastal.vaters must :be evaluated relative to its 6.1 effects on recreational .uses'. 19. Location of buildings and parking areas ;shall be appropriate to Ciry GP Policy to;o LU 7y C City LCP the size, shape and p trophy of, the site sad shall :be is Policy C 1.22 harmony with: its setting,- 20. Vegetative covering for stabilization of graded areas Ctu City LCP Policy selected and designed tobe..compatible withsurrouadiag C 7.1.3 vegetation. 21. County approved measures must be taken to prevent soil erosion See item 16above. and to control sedimentation. 22. County approved h if nece ssary.shall be used to control. weeds; brush City Municipal Code and other growthary Chapter 8-16 23. Development :as proposed in the Recreataon_ andI�ea .Development component which require an Army Corps of;Engineers permit under City LCP Section 10 of the River and Harbor. Act ,of: 3894 sad under Section .Implementation 404 of the Clean Water Act of 19.77, will be :subject to separate Program I-C 12 review by the 'United,States ,Fish and wildlife Service under the Fish and Vildlife Coordination Act, III-13 Item 13. - Page 130 -272- T� y � ��?� ____ YAnge1 "?1 [ t JYdY1i3GYlCF 3 L x In SP Section 3.2 t: y p General Provisions, 2b l t 0i state antf local af>F; hater, sol3'dy vas:tg and:nay se pollution regulations 'sba11. be c.Dl i �V,�-Vl �:. p9.26 r County Channel Policy; 25 Afx enrpment device shall be instelledythat,can be maintained not necessary in SP `tio"reduce li _ er `iMat"'U enter Sunset Beaic� from the egrt . . 3 ` �ou;?:y flood controlcTannef . ::. 3 , City GP 26. fiheCo>anty of 4ransgQ sla]l eXamfne guhlic axidi:priunte pro}acts,; Implementation "(s cTi f"3s t+ at �cG structiOn,. ; E>A : o2i1 rol, dtW91144 and;.ftll Tag' Program 1-ERC-1; asposal, etc. )"`as such per>rain to habitat City LCP Objective tianageeent=PnbZic_HeaYtli and`Safety. C 7.1 Publa"c- Health aria-Safety City GP 27. Applications for. grading and building permits, and applications— Implementation for stbdivxsion shall be rev..#e�ted`fo=`°aiijace cy to . threats from, Program 1-EH 4; aYid impacts`on geologic hazards arising>from seismic events, City LCP Policy C tsunaai run`-'up, Yandsldes; leach::erosion; or outer:geolog 28. 11%4 county, of Or ge shall protect i-rie-0 aceable beaches and City GP Goal EH 2; coastal bluffs froffi d+evelopient aad natural erosion processes, to City LCP Policies C 10.1.6,C 10.1.7, provide fcr the 'replea 'shr$ent of t each'sands, and-to maximize C 10.1.23,and public control and access to the beaches aht the coast C 3.1.1 29• The ,Ciaunty of Orange shall create- an ongoing mechanism for developing and instituting controls to mitigate unacceptable risks. a. 'Regulate designated major watercourses and/or develropment on City LCP Policies their flood .plains .to provide 'safety during a standard C 6.1.18, project flood. C 10.1.14, C 10.1.15, b. Discourage tildi l within flood plains and, when :flood plain C 10.1.16, mapping is available, add flood plain regulations to °existing C 10.1.17,and zoning districts within flood plains. C10.1.18 c. Provide structural remedial projects to reduce frequency of flooding in developed areas to 100 years:, as financial resources permit. d. Prepare remedial, measures to limit erosion and sediment City LCP Policy Objective C 6.1 transport from developeeAt areas to bays and- harbors and to and Policy C permit-- eas.n le movement of sediment to the open ocean for 6-1.24 be sand re-len shmikht: 30. The County of Orange shall support programs to investigate and understand the phenomena 'creating the flood hazard, train City GP personnel in the effective technique of prevention and disaster Implementation control; and provide aid to persons affected by disasters. Program I-EH 13 and I-EH 14 and a. Monitor for and evaluate studies of the use of nonstructural City LCP Implementation Program I-C 20 III-14 -273- Item �13. - Pape 131 City GP Implementation a]ternatives;. rneluding mars aiace�i:t; to'wntercSLSprc �tficislr loalndWMi ng*y Program I-EH 13 m pWGPos and I-EH 14 and City LCP b. Provade .guida>dce dpping and after, flo d ;raStex' arld protso:t.. Implementation �n.ter-agency;assistance f© pale,aaffectet{ Program I-C 20 . F.-- 31. Adequate s street: lightng/parking lot ;lig#t s 1 cpn iQue to bo City GP PolicyCE urged in conformance;.w3 tit merit an �Tat�onal Standards 5.1.2 and City LCP 1 t Implementation Ynstitutt, (AMSIY-,:and the Orange Coo t standard plans, Program I-C 9 32 Parking areas shall be,clearTy, marked City GP Policy HM 1.1.4 33. Stringent controls shall be to effect gxer daspos4 o€ solid, .and City LCP Policies ._ E: chemical, liquid, sap Lary 'and oily wastes. C 6.1.1, C 6.1.11,C 7.2.3, C 8.2.8 and C 8.2.10 Land iihd'aater .conservation 34. All var areas-must be protected from pollution. City.LCP Goal C 6 .te 35. All diking, dredging,; and filling activities`sha13 `conform .td' the provisions .of. Sections. 3023. and 30i607. 1 of the Coas'fa Act. Dredgang, when consistent th these provisions and, where necessary for the=maintenance o ,the t aI flow ano coirtnued' viability of the.vetland habitat, shall_`be subject. to e following conditions: City LCP Policies a. Dredging. shall be-.prohibited:.,in breeding and nursery areas C 6.1.20 and and during periods of fish migration acid spawning C 6.1.5 b. Dredging shall be limited to_:the smallest: areas feasible. c. Designs for dredging and excavatioA:;pz¢jects shall include. protective measures such as silt cu>•tains;, diipers,' and weirs to protect viter quality in $ioj4p nt areas durinS construction by preventing the discharge _of refuse, petroleum spills, and unnecessary.-dispersal of silt matey'—W- 35. Spoils should be ;deposs;ted :in the littoral drift except. vhen contaminants would adversely of€ect water qualrty or marine habitats. 37. Sediment basins (including debris:basins, desilting bas ns, or silt traps) :thall be:.--,.!nstalled,in con3unetion with the initial gradibg operations and=1intaaned:: through the development process City LCP to remove sediment 1 from.run-off waters.;All sedAmpa shall be. Policies retained on site unless removed to ant.appropriate dumping C 6.1.6 and location. City GP Policy LU 5.1.6 and 38. Provisions shall be made to ,conduct .surface pater_to storm drains LU 5.1.7 or suitable vatercourses to prevent erosi on.`Drainage: devices shall be designed to accommodate increased run-off resulting -from modified soil and.surface conditions as .a result of development. States. run-off shall,bp retained on site vheaever possibI6 to facilitate groundvater recharge. III-is (tern 13® - Page 132 -- _ _-274- -- _ _ 39. ' < d biiHof . c u 'i:�u t t has a st>�eaa a vet�s smell n � tYf�develop of Ate._ Pollutant, sitCh as ChEm�`tcals, elsf labrfca�tts, Y City GP Objective 'savage, a1 d dt� haxm€rtl �tasto -A'bl l Owlte�010 zeal' into or U 1.2 and City� .,� : - alsirigside'`coas 5st beams oY wetYadds either=.idu3r•f ,or. after. LCP Goal C 6 construction 40. hate :quality shall be groltected by >aeetu stri+rL;quality stantTa�rd and enforcemeiat n hi regard t st" ,into- the Courity, and. to preserve the quality of.; grater .in the groundwater basin, streams:# estuaraesrt D esrshed` Prot�eetionli :ewshed. Reclamation In SP Section 3 Development 41. All development:within; the Sunset Beach: Local Coastal prograa Standards,pp.30,35, study area shall be Subject to a Coastal Development Permit,.., 38,39 including, local community review. In SP Section 42. , Outdoor advertising signs shall be prohibited in the Coastal Zone 3:3.3 pg 38; City LCP Policy C ' 4.5.1 43. . '>[T rgroundang of electric distributibwl:lanes by t)ae utility City GP Policy U 5.1.2 cpm;[Saniesltall re red 'at the earliest time. p3aticable'. and City LCP Policy (See also Policy 46.) ---�C 4.7.2 44. The County of Orange shall ensure that land uses within designited`seenic highway corridors are compatible,With=scenic City LCP Policies enhanceuiont a" preservation. C 4.1.1 and C 4.2.1 45. The County of Orange`sball. protect the'County's:,visual amenities .and-_historical values through the permanent preservation of scenic areas as open space. City GP Implementation 46. . s master plan for undergrouniding,.of utilities.shall:be prepared Program►-U 6 and and: it:study sha31 be initiated of` the,feasibility of combining City LCP utility easement to avo'i'd disfiguring .use of land. Implementation Program 1-C 22 41. .The County"of Orange shall deter: ne. requireiao6 plan, or assist xn he planning;`and assume manogeaent sesponstbilit t:when City GP Goal appropriate for open space areas used for outdoox ,re ,_,. ou, RCS 2,Policies r including., but not limited to, areas of. outstanding scenic,, RCS6.1.1 and hisior�c, and cultural value particularly suited _for park and RCS 3.1.3 and recreatron'`purpos"4 1 aelut mg -access to lake shore, beaches, and City LCP Policies C 1.1.5,C 2.5.1, rivets and:"streams, and areas Vbth serve as: links between major C 2.6.4,C 2.6.5, recreation and, open spicg ces8rvatxons, -includtng_:utility C 4.1.2 and easements,` gr 1=bt :ts banks of rivers and .s.tzeams, trails and C 4.1.3 scenic hghvay corridors. 48. Scenic highways developed by the County shall benefit the entire Not necessary to carry forward County. 49. Sceni11 c high* 'corridor-s shall be designed to I _xximize, the City LCP co>apatible'multipurpcise objectives ,of open space. glaring suet as Objective recreation, conservation, -public health and safety, and C4.3 III-16 275 t TTA Item 13. - Page 133 Preservation of.scenic aesthetic am!a itq: - -c City Ir P Objective C 4.3 50. The scenic: corridor p p plan shouli3 not rovide � etas"-for other forms of development detritaenta2 to° the vaaues of the seenic 1ai corridor.ghz►a City GP Policies RCS 1.1.2,RCS 2.1.2, 51. The scenic highvag>.should..be ` inket , vheu possrle,, tomregional RCS 2.1.5 and pars,' tra2ls, �rf"ldlife areas'and'hxsEorcal siEes,,;;greenbelts Objective CE 7.2 and and other ret reaton open space areas v€thous.;being,:detrudental City LCP to' then': Impeemenation Program I-C 14 52. Signing shall respond to driver perception criteria, such as distance, speed and 'core of vision. S3. Pablit: signs Where:-possible; slsall. be•consolidated a441 organized on coamon sign frames: In SP Section 54. "Signs "shall`lie an integr :.part-of the.Wild ng.design,.us n;g 3.3.6, pp.48-50 compatible Materials. 55. Freestanding signs where permitted shall relate to,,the design of the main structure.and. shall be located 'so as not to detract free the aesthetic appeal 'of the<`developiueat , Utilization of-,;lov profsle` signs zs"encouraged "to promote this-end 56. Light sources on sate shall not -be directly visible, or,be of City GP Implementation Such high intensity as to cause a traffic or public. safety Program I-CE-4 and &azard City LCP I-C 9 county of Orange GeneraI,: an Resources::Element (Cultural and,Historic sources 51. County policies addressing archaeo.logi:cal,, paleontological and City LCP Policies historical resources shall be inplenented .at;appropriate. s-tage(s) C 5.1.1 -C 5.1.5 of planning, Coordinated with the-:procesSing..o€ :a, :project -application. III-17 Item '13. - Page 134 -276 _ A� ; v �� ' NO Ca,33 . _ _. I;. The Coastal Act. defines planning.and matag t pwlitles`for asral resources. c lit, 'alme"'PDX, d d. M, X01atiot to t portation arelound in w U W ac cess: and dliva op"ut se dtivillis. Public Access public facilities including parkin -.ek faell-ildes: shall be distributed throughout an-area as to mitigate,,against the -impacts, Oclkl, 6tbe or.'-overcrowding.oir qVerWO 4gr the :public,--Of Coastal Act any single-area. regulations are already Development covered in the City LCP Section 30252 states.-.that:; The location, and aeaottnt of new: development--.should maintain ana-,enh ;the coast by (1): facilitating the provision or extensiow of tran sit service, M facilities(2, ,providing c cial,faci ' " provI i residential development or in other areas that gall In,ImIze the use of coastal access roads, (3) providing non-au. circulation within, the development4) priding a4eq. "te parking *141 , ( providing g substitute: g of ,aerd ha, ies or RF I te"A"Awk. .development with p64ic irias-poiffiftl­94; ('* ' as the Wential . a. .5), s�� for public transit for high Intensity uses such as high-rise office- buildings:, and by (6) assuring that, :the recreational needs s of are"not overload,lnearb near residents will y. coastal r*00-ati on by correlating the amount :of 410-wilopment .iqitb local,.�patk acquisition and development plans vlthtbe proivIsign of.on-site recreational facilities to serve the new development. Section 30252 states that: Wev ,de-Oelopment shall minimize energy consumption and vehicles miles traveled. Issues Sunset Beach has only a limited impact upon the -regional Introduction transportation system due to its relatively small size. paragraph on Transportation issues related to this segment generally are more transportation localized or site-specific than these described in the work issue;not program. Bove'ver, discussion of the regional context and necessary in SP inclusion of several general transportation policies is necessary. B. REGIONAL TRANSPORTATION 1. Arterial Highways In SP Section A network of freevays and arterial highways provide regional 2-3 Circulation, pg. 18 AT -277- .11 Item 13. - Page 135 In SP.Section access. for Sunset $each . Tile major: regional facalataes servaug 2.3 Circulation, the community art Yacifis Coast HAXOVAT and the San e&o Free r pg 8 rterzal lghways lid these tt+o faie3litses to each :othex aad to Stet- • {_ w Wiese arEeriar hagways and fiteevay"s are part of a netvorlr of ex�stinig and pleuaed falaties de€iced by Orange County's Piaster P3an of Arteraal High trays � 3� network Is. s+esfgned to �aee c3rculat3on needsf ail, curreatly adopted land ttse plans; rthn be County and antacapaiedopulatioa growth. It'3a a " iuld out"r p3aa based oA ther;asstimpon. t#at all pxopos�� higl+say' f�calites will be:in plaoe ate thtzt,}esaee tame 'as build-ovi:=t of the baud use plain occurs.- Also, the HP highway netwerk as desagned to meet theemanda of- year round tteekday- txa#f3c rather,77 than peaks generated by`suamer and%or veeCen- traffic along the coast .., A---brie€ description of relevafit arterial h ghway classaf catioa�s: foll.or�s - � r A . . .,,t arterial highway as desagne as a. six=lane roaca vay, with a typaeal raght of way width of 220 fete ffijo ,_ rs provided to accommodate netween30,000` and 4S,Qba Yehaclg traps l'PRIIiARY arteraal haghvay is;.desagatd ash a faux lane divided roadway:, with a typical right-of way tti�d r of IL�4`feet A primary is designed to accommodate betweea '?ti,00(I sad 3(�,tW vehicle trips m City GP and per day. LCP;not necessary in t ` Specific Plan B SBcODARY arterial highway fs; d'esigne as a ;four-lane undivided (no median) roadway, with a typical raghf-o€ way width of 80 feet. A secondary is designed �o accommod"ate between '10,000 and 20,000 vehicle 'trips per.day. Figure 5 locates Suns,e "ach with n the arterial highway network. pacific coast Hago (PCB) is the -only arterial parallel and adjacent to Most of Ora3►ge Coiity's coastline* I,t eaters Orange courity,fromwbe north aral `Beach and terminates at an intersect ion. vftli San'Dlego Freeway fn Capistrano Beach. For much ;of its lei�tFt 3a the vicinity ;of Sunset Beach it is a four-lane faeilit�r wsfh'painted median. It is designated on the Orange County 3Jaster`Plan..of Arterial Highways as a primary (four lane, undsvdaci arterial highway. It currently carries 39,000 veacles per"day'vthin Sunset Beach, vi;th volumes increasing to /►5,0 vehicles per day during the peak.-summer months (see Figure 6) ; S:eaeral -arterial highways connect Pacific Coast Highway with luland`areas and the San Diego Freeway. Seal Beach Boulevard and Urner Avenue are both designated as major arterial (six lane, divided) highways and .provide connections vith PCH at points port and south, respectively; of Sunset`°Beach. Bringer Avenue, a primary, arterial highway on the luster Plan of III-i9 Item 13. - Page 136 27s--_ __ ATT "71H,MEN.IWO%. Le.35- V. Scii 3. .t�13� i - ,_'mow e kic Am 731 -ok"�x b ► `` (� x,. , \ ? T l x 1� ..- t J `A ALA-mri as. MPAH in City GP and LCP;not necessary in SP; however Section 2 has a statement that the segment of PCH in Sunset Beach is a scenic aR " " Ave highway. '' f" A J s,T' PLAN MWM MAJOR. SUNSET BEACH 16 = 1000' .ear +ca��saae SCENIC HGHWAY-S rimer® 5 - - - -279- (tem 13. - Page 17 Arterial highwos ,(HPM):.., Is; proposed to connect to Pacific Coast 11gh q Past s#dies have shovers that the feas.�biylztY of tbys In Ctiji.GP and connection is unlip because ofacts to il3e Natib t�ildli.fe LCP;not $efuge, Suns4W1et Aquatacar and other valuable vetlant and necessary in SP laojyica resources: Th�erefo'reY qoium s on PCH between darner verse and t'e PCiivbridge over` inalteita Bay are. expected to be e�ctreeely high for the curreot Beooetric:confsguacatigra of this ret�cii".of Paefxc :Coast Highway. Volume.in excess can be'expected tri:thout"'the..Bdange ;Avenue extension. The arterxaI,'highvay netarork serves:as both the >natarf st and is public 'transit rider Connty-aade:and regxori access via transit_ is aesi'gned primar lg by the Orange' 6i m, y Transit �hstrxct ( )r which operates an. extensive systi of fixed routes and. In SP Section dial-a-ride_service thr+<' out Orange County. ocIni service [o -the 2.3 Circulation, Sunse area rout0ut,sest Bach . e l77o, , pg 18 11­ Para€ic Coast E Oft- be't e' en-;bong iBeach/Seal Beach atsd"`,S s CYemete,, Providing north south service to Sunset BeaN� €�' other OCl'D routes ersainate at Pacific Coast gighvay AW �� O Avenue at the southern er<d.of_>Sunse;t Beach; they pr xectn service to the beach fron .inland Orange County areas (see: i�ure. Z. Bikevays The Pacific Goast Bikevay follows F'aci€Ic £oasf Haghvay and .serves as a major norih-south route _vxt,hin>Orange Oou aty sub the only In SP Section bikeway, adjacent and parallel:;Eo the coastixne $ikevays 2.3 Circulatio connecting to Pacific Coast Hghva =genierally follox arterial Pg-18 highways. Seal Beach Boulevard and Hamer Avenue both include bikeways (see Figure 7). All;of the above'bikevays are included in the Piaster Plan of CO vide Bikeways. C. StJ1= BEACH TRANSPORTATION 1. Transportation Issues Transportation sssties to.be addressed in this section include: a. Impact of new;:devel'opment and redevelopment on the highway and local street lieWork. GP lists typical - b. Provision of`adequate access to the site for all circulation issues; transportation modes, including private vehicles, buses .and not necessary in bicycles. SP c. Provision of adequate facilities. 2. Issue Analysis The major transportation issues vithin Sunset Beach are traffic congestion on Pacific Coast Highway., local circulation thin- the community and limited parking facilities for both residents and visitors. III-20 Item 1 3® ® gage 138 -280- T :a' a 6 3� mo C Ibb (J} DO 40 el In $ n4), %Vf 1 fi • Q AN " .�^:'F ' � �-�''i����14µ:•„\ ���.. t j „�'�.8v s��,a�;.�i� /Jv t,T( �'� '�.sr dug R � ... �• ((t`N G'r r r.. .IL'.. I r.......... VV`t, �.. �• t'. °'�', ..h1', . . co Z r� 0 nCD O CD ��ppqq d iM ,z y r2' wr C. rT All ca co cm " } 1��� a- TM NY ij r/ i•T �ot�t,;:� y 9: _ �,�H..r--�__ ► r ///'/J `� 1 /IS/(/) /� Cep 1��.. ..�i',`•i` II - ftst of tl'-we,traffic utiliri . k r :c. Coast=t, g y %n th* vicinty of Sups.'et Beach is e 'the passing throng area or desired to epca� i .:,t;a t c - fihe� oaroatel3�, d 'Jung is and var�Qus commercial ea'terprise s"""'ti*3thin. Sunset Baach geeee onaorik+ €rips: ;using the High. The Recra-tfoaiide $e '�s�pMen t4 plan o the Iouid perma.t some additional deeelQppea -tiff Sunset Beasth, pt catpsZlY tr all"' certain sangle fainZ�€:retdeA� to be.rede► lc as tlup3ees3 Fitt the impact of this'-type of a evelopmemt upbA;.the atf r ,11 highwap sps$ee sbwEfeisi <Hare isli -- incrchsed`cievelo�eriY in €he areas °suzrrat�nd ag..S�nset Beac.�x encl grov$ng demand` for access to coas0, resoureess shou3d:, fi r,tber impact Eacific Coast Highway and`,the o arterials,leads�gxo:' Because of the constraints:fnhesegt�-3n acquiring addi-floral:; right=_ f wag-for Pacifies Coast- Hxgbway,both uithia and outside of Sunsa�t-. ch., it g impractical to provide addiCflop L,travel lanes. Better utal1zati"'¢ f the existing ri ght-df xl a more . - realistic posszbalty As rse�r development andrz o t occurs, improvements, can be made Hhich provide #or safeead coeut use o m SP Biglavaty by pedestrians, bicc�fsts a%id tie �cl so, Section 2.3 `any near comnerc3aZ development wi13 have tt� prctvde h s1[teet Circulation, paring acid:be designed,,to3riaamixe} theism odrect access pp. 18-19 paints to Pa Ac,_integrated Tr ice si eg tea relit►in Sunset Basch should faci3itgte the f transit service-a]orig i6 noel throughiisui ded as demand warrants and,as € uancal resources berms available should encourag yw :"1 ash` additional transit us-e and Wight somew. traffic along PCB. 7, Local circulation withi. the Sunset. Beach community is tied to parking opportunities aid traffic contirol. Traffic patterns seaward of FCH revolve around ttseng faratlity located between North and South Paeifie avenues :- Tiafse movements on other streets are limited by narrow rgts=Q =razand heave on-street parking. Although,there_;are=;;adeq ate parking spaces available to meet public, consmerc al;: .and residential parkin g .demand,,,the distribution of available paz a g t vely aff ects. the=_supply-demand balance which capes defseces`_,Yo occur in certain areas. To alleviate the prob3emsest3 _ atking opportunities need to be retain" with the coamur�3,ty4 d_`meml zl2ed wherever possible. Adequate off-street parltYg: .3I } `'regnired in conjunction with all new development or rd ?vp° mat` of properties. Specific policies and guidelines re7At1ng to-'parking are included in the Recreation and Bev Development Component of this LCP. Increase transit service and bicycling opportunities should provide access to beach uses without requiring such additional parking. Local circulation and traffic safety will be enhanced by the III-21 -283- -- -- -ATT Item 13. - Page 141 retention �# both the i5 miles per hour speed sit on all Stuts.et Bead& stre�s, except 'Pacific tHigbg{-asid the parng restrictions on•North and South Pacific Auenue�s... also, Conveics: on of say View give to one-way operation will be edalvated ash a eearis`. to improve c xculation inland of. . In SP . SECTION 7442S.1. Required •street and hf�a�:,_,dedic�atfon and Section 2.3 iiiaprcvetaes"ts normally required per the, Oran"i%u�.ty Zotif ng. Code: and Circulation, riot applicable to the SBSFACP area except fP those prop rties pp. 19-20 abutting Acific Coast- Highway. However, street:arid bighwayt dedication tot 4th through 26th•Streets shall ;conform tQ-the Typical => Section for those streets {see Figure 8). D: El29 D'S City GP Policy CE 1.1.1 and 1. Impiemenv.,lihe arterial highway system as defined by the Orange County City LCP master Plan .of.-:Arterial Highways. Implementation City LCP Objective C 2.3, Program I-C 9 2. 2. Encourage.utilization of public transit. City GP Objective CE 3.1 City LCP Policies C 2.2.1 and C 2.2.2 3. Increase pedes'tr3at .and_ bicycle opportun3ti8�City GP Policies CE 6.1.5 and CE 6.1.6 City GP b. Encourage_nev development which facilitates transit service, provides Objective 3.2 for non-automobile cfreulation and minimizes vehicle miles traveled. and City LCP Policy C 2.2.2 Arterial Highways (Orange County General Flan) City GP Goal CE 6 and City LCP 5, Arterial ;Highways shall be designed to reasonably accommodate alllmplementation viable modes of transportation. Program I-C 9 City GP Policies CE 6. The arterial highway system shall be consistent with the adopted 1.1.1 and CE 1.1.3 goals, policies and general land uses of the General Plans- of the and City LCP county and cities. Implementation Program I-C 9 Y 7. Arterial:higbways;shals types provide for the highway mobility ne s City GP Goals generated',by tie.``varioues of existing and proposed land uses CE 1 and CE 2 vithin Orange.:&'-y as well as an appropriate share of regionally and City LCP generated--` Objective C 2.1 City GP Policy B. Connections shall be established between arterial highways and CE 1.1.1 and City LCP existing,a ad,_proposed freeways to provide access to all areas. Implementation Program I-C 9 City GP Policy CE 9. Access W- arterial.-highways shall be controlled so as not to impair 2.3.2 and City LCP the function of the arterial highway system. Implementation Program I-C 9 10. The extension of arterial highways into open space, conservation .an City LCP other environmentally -sensitive areas shall be limited to the level Policy C 7.2.5 needed for public health, safety and welfare. Public Transit City GP Policy CE 11. Orange County Transit District sball be encouraged to provide 3.1.2and City expanded bias service as demand warrants- and as financial resources LCP Policies ex � C 2.3.1,C 2.3.2, and C 2.3.3 111-22 Item 13. - Page 142 - -284- i lot 35' MW �P r 0 SIVE WALK -3r ra x M k MR0 S, � LOCAL .. N CD ' N W , j becoai ':._ggvailable; T City GP Policy CE 6.1.6 and City 12r Trafls for bicyclists and pedestrians shad beDp2 a tr LCP Policies copuitction-<wf tIi�c c)eelapiaeirt and- re4#ev+E3x� >aeaia 3ihe1 €easihle., C 1.1.5,C 2.2.2, T C 2.2.5,and all local_ bikevays 'shall---to eet-ws_t t ttie o t =vlde? bay ;3ystem C 2.2.7 SIu1Set.:.. e3Ctt City GP Policy CE 1.1.2 and City 13 Future utQ LCP Policies G consideration'upradang°of the htghVay to provide bei>:'te tiansit 2.2.3,G 2.2.5 and bicycle aaii -pedestrian oppertuftides coon ina traf i signals, C 2.3.3 opt; size°_tiaff flow,=`°and construe laads`cape.med 14. As new* development and redevelopment occurs, off-street.�parkiing shall I- sPSection be provided ,wh ch meeds 3.3.4 Parking the requirem .ts of the proposed deivelepaent Requirements, gaff delis es, included in`the Recreation°ate-Na-:Dever+,Component. pg 43 15 Th- present is �siles per bfl speed limit'shall°=bi et>asned"and Modified,In SP Section vigorously enforced, on,all streets' thin Sutsset_Beach_..except 2.3 Circulation, Pg.19 Pacifc Coast. Higliytaq: 16. All existing on-street piiking shall be retained,vithW'Subset Beach and maxiplzed wherever possible. There shall be no 09rki>n9 on Worth and Soitb Pacific; front°:of ds3veys h}%:.peal";only. In SP Section 2.3 Circulation, 17. The feasbiifty of converting Bay View Drive, west of.Br to pp.19-20 one=way vestbound circulation shall be evaluated. E. AIR QUALITY 1. Coastal Act Policies ,The Coastal Act, defines planning and maea&ment polfties for coastal resources. These licies are` rou unto-.six,categories-*. Public Coastal Act �, �" Pam. .-" _ '� access,, recreatf"on, marine enyronmit, load resources,"dveloent in City LCP, and industrial deveYopment-an+� indvitrial--develcpaent. Policy not reliti-ng'to air qua, i is "found in the'd"evelopmet►t section. Section necessary in 30Z53 sfates that new development 'sa11 De carisistei;t with Specific Plan re S imposed . an nir°;pollution contro]:-'d strict,;or the State'Ai r Resour¢es' Control Bo acd as to, "a particular•development. 2. Bxisting Condiiions Genera!Air In order to assess the air quality in the region, the California Air Quality Resources Board (CARB) has established fourteen (14) air basins in background; the state. These basins define areas having a similar meteorologica not necessary and geographical conditions and existing political boundaries in Specific wherever practical. Plan III-23 Item 13® - Page 144 -286- � C o C� ,L43 Sunset Reach lies v ith the Sztuth.mast AirM ) . wisich tzclu of E�rae Eottnty - pgrtioa�s � '' sap tnwi na, , i �r4 ijr#de- tips:. 'I`tOO �aA 4 �.s bo M., o� the vest bit the: V'"tura Gou�xty line and on the north by the San it, >`attgesfbs->a ;n sertizxl � Cc3at G'limicun fra> the . Gr`ea� Baszzld Vo�ieys and ,.the Sou�eas� �esea:t The comnuni.ty S a Nediiterranean-,type climate with ra su rs and Description of m3°2c wfa3ters_, Cool breezes bloom tha-ottgh the valleys. tfshol 'iii tie general air taortigs and .onahc� esth ev ) t o hoot the,y� The quality climate errs oc+aan's°mvvderatia ae 1 e4sthetafycm� ,�a�tur xaxsge An conditions in f2u at*erag=n .tl to„ftlt uehe 0. rec '8r MR.* City City GP;not Air goal t 3�:>-the.-to.•aeaa��t� Unity ��z a f�aCt�l a1� e f ai�tearDlogi cal necessary in factors, primary and si360ndary pol�titaxbts and xo'oa ai a�blftt aix SP gently; thexe are n%,'"Joi;poii sour es ttf,a3 al u4i;u i located in the. Sunset. Beach. t9mbient aim qum $>ty data is `gives' its terms of S= ate=.and e � stare rds adopted to gsateet pul) }�ealth with a margur o£:safety, :In adAition to ambient, sttandarc�s�" ilif irnia has adopted Episode Criteria "for oxidant, car oaa 3ox�d (ice) and sulfur � ..: .. . dioxide (SO2). The Episode levels a:epresent sloit term -exposures at _lch:.publ3 c health is..:aciva]lY: th�reat¢ned.... daytime .. Zr! general, the..preaax '; move�ent. frog, the ocean carries pollution easterly Eros its or`igia iovi d the Sisinore convergence zone,<:.vh re it is uplifted_ to hecone.part of the pollution problem ;that- exists in general in the Sc>ui i< Coast Air Basin. 3. Air Quality Management Plan The California Air Resources Board has determined that the entire South Coast Air as ar s,, a nona,ttain gnt:,Area :for oxidant, CO, »0 2 General and Total-Suspended Particulates ( 'SP) (Air Quality aa[gement Plata AQMD The-nonat�-t ra= nt sta�tt3s ate ie that `the iY idazit, +EyO, I302 discussion in and TSP are:ia� violation.qf, the prmar3+ National Aaient eir Quality City GP; not Standards . _:Asa , esul t :af the SCA!s and the Sour xern California necessary in Association, Of Gover enLs OSgw)_.have jointly pie ced an Air SP Quality .?iaget P1an,,(� ?. for meetang die federal ash quality 'standards. In harch,of :l89,-.s second revzsion to ehe original plan vas submitted to SUOND for review. Vhen apgr""oYia1 is ultimately obtained, the plan becomes the South Coast Air Basin (SCAB) portion of the State Imolementation Plan (SIP). III-24 - -287- -- ` A' Item 13. - Page 145 Iy. gcC CO _ 8s J.l4ASYiJ1J . x. - _r r:i3 .._ -4 .s s .• Y 'also ly: th"e s vrVl ;ti x e ed;_ :"� — a 1� resource. state code $eta )ie`slxared liy 011=gipt�ple� the°d�►ct�ne Yhat �idela a h-ad, in reference rpublc truss is embodied in: th,: Camece clause of the United States not ;Coast_3tut#on and has bees a;riter'preE;?d.lips courts asisin v ,e. public the . necessary right to use the nation's navigable tzafers in Calforn3ar .the State in specific Coast. guarantees the public. right :to coastalVaccess: as stated. in Plan Article %, 5eetior��+ I�o`iridivdlta3.r°part�iership;�°or corporation: claim ;or processing the frontage or tidal lands' of a harbor, bay inlet_ r other na«rigable vater whenever it is required for any public purpose . said tt�e legislature shall 46hk t sue3.la�i..as well0 .-;as. give.the most if rd tZitruction to� thfs, state:shal3.always be attainable for the people thereof 1: coastal Initiative/California-Coastal Act Tht-coastal get. contains: policies;. _that:require..-that;::.-development shall isot 3nt+arfern with `pub3 ic` right of access .vfie :,acquired through use or leSli l ivd°authOr3zat2otr The..Coastal .Aet also:requires that new development projects betveen the sea.and nearest public road provide public access unless: (1) access is, inconsistent vith public safety, military "security"needs or'protection-of"coas:tal resources, (2) .. . adequai-t+e`access esists' nearby", o€ (3) ,agriculture would;be affected adve selyc" Tifie legislature further_.declared that":the":basic goals of ttie` iiiate for the coastal zone are— to'-- Maximize public°access to and along.the coast and maximize public Coastal Act recreational=opportunities in the coastal:.zone cogs stent Frith regulations soV d resdUree'fconservation"-principles and constinttionally already protected rights of private property ovuers (Sec-. 3iki01.s.c). included in City LCP and - In cairrying"out- the requirement of:Section:4 of- Article g of the City LCP Cali"fornla; Const4tut2pn, maximum access,:-vhich:,.sball be Goal c6fii0 cddtis1y 'posted; acid recreataonal opportuni ties. shall be provided fos all tote people uons3s-tent vith: public:safety needs of tbe :need to protect=public rights, rsgnts of private property ovi3ers, and natural resource areas" fro>a> overuse (Sec. 30210). - Bherever appropriate and feasible, public facilities, including paring areas or fa6i11ties, :shall be-dlstr buFed.-throughout an areal se► as_ to mitigate against-the:impacts; _social._and otherwise, of ovei:i:ovding or`overuse by the public of any single area (Sec. 30211.5) 111-25 Item 1 ® - Page 146 - -288- - TACHM��N' . -C.-5- City LCP i oVer cast.visi$`ot' axed #OOA� tonal faci 2Iies Po lies exlCtttt----aged, and- 3 t f irti idCedR v _ .,_ '� .,:. C3.2.1and puke recreational oppottt i>rfes are pr�efarred (Sax,. C 3.2.2 E a a t in the iylj�pc=ac+ +es :af ?th i s�a� ;:, po .., .. a > tykes fiista account -thud to r? rtee > '. plate, and`'1na>aner of publracce§s<ydentditr on gbe #acts ami d xduust rdes x`ear ca a itrclas< g hart z of im to . zar; t e foliow ► zt w _ (1) Topographic and geologic site characterises 2) 3'hai,eapac ty of. the°sfte<,:to:='s staff :$use and.:at;;, bat..,aevel of appropzateness of li> iting puh #c access to tie right to Coastal Act regulations paxa as >ad'repass dependi as theyaflit _of., already the natural resources in the. arcsii- d the proxi7t$y of ti�a included in access area to a0 eent residential yes. City LCP and (4) The need to .provide for the ti st(tent of access...areas so as City LCP to pitttect .;therivacy of adaceat;property suers ,a>Eid to Goal C 2 protece the aestilefil values,oft the area b)r pronidiiig for the collection of litter"(Sec, 3214a(1�423)(4� Is the intent of the,Legislature that- the,-public access-.policies of this article-be carried out>in a reasonable der .t9at considers eajuIties and that balances.The rights. to the individual property ovner with=the .pub►liens...car�sttttaonal:,11-it.:gf access pursuant to Section 4 of Article X of. the California Constitution. Mthing in this section or an a dt eaat.: thereto sYua11,be conis.tr ed as a1im Cation:on. the_.rigtits.:.guaar teed ;t® the public undefr- Section 4 of;Article g of ,the-;Ca-lifa aia,.Gpnstitution (Sec. 36214(b)) In carrying out the' public,access policiesof_this article, the carom ss ow, regional comet ss3ons,;,.and<nay other, responsilble publi agtn- ,shall:consider: and eat ourage the ut tiQn of nnovative access >sanagemeYtt teeh7ai�ues� ncludi , tsut 440ited to, agreements: th private--orwi**Oeins would;;minim ze eahagement'costs and encourage the._use:of voitutteer-programs (Sec 30214(c)). The use of private lands st>Fxtable for visitor serv_,,M coma�erciai/recreational .facaiities designed to e d lace public City LCP Policy opportoni.ties for. coastal: recreation. shall..have,.";pr-ority over C 1.1.3 private residential, general industrial,`-or germs. commercial- developments, but not over agriculture or coastal-dependent industry (See.30222). Upland areas necessary to support coastal recreational uses shall City LCP be reserved for such uses, vhere .feasible (Sec. 30223). Policy C 3.1.3 III--26 --------------- m289= - -- -- -- JkT7,Item 13® - Page 7 Vw& tor.-se ziit _fool-I tttt, t a ca�iiotx; eaS blg=be.- a to iat � : e�isti '�develo�ar'ii s �be.,l�ac�et'a� #� � E.ed dv�l:cpi�en't�`or� at se7�cted���oi�-�, ct� aft�c�ion,��or s .s h�nei ded'bq 'Jo 5tats:117V Ch. Tlie loca.ti"on'a7a am snt of.nem eve}op7sent s_bou}t > ntaIn and public access access to the coast b {1) faclatat `: groviS�Cob or entefss3oti of transi.r seise, ( ) tiavd' Coastal Act commer�cial'factieixhfa or sd ini Ftett fa42s0I op�uent regulations or ti other ax�easut}iat �ri3linimise;t&susmoftaccess already roada, (3) providing=noziautot�ob }e o ric a3 n �w eluded in in deveiment, ( ) providing adegke pa ngcfin oz City LCP and proii' ing''subst3,tutE weans of seikwing the tit vith public City LCP traAsportation _ 5}'_assuring tlia.paCeua3 £or4,pblc tra"sit for Goal C 2 hi"gh-intensity uses such as hi i-rise off€ c+@, ii 14 0, :mid (6) assuring that the recreational needs of nev residents vi11 not overZoal -near "coastal,recreetional";azeas bY=coxr�:�t ng the ago t tif`'deveTop en#= plans *ith the provi ow.A. oa«-s tP " recreational facilities to serve the how development (Sec. .30252) Be cpnsas.tiertt I th ieg renPnts=-impos+e&by.an air peen on control ds'Lrict or "tile'. Sate=Air Resoerces.::`Gonttaloand as to eael par—01c ar deV"bpW t (Sec".�:3E)25 3}... Miniaize--energy coasusiption and. vehicle miles traveled (Sec. i0253.A). B. CUASTAL. ACCESS :PB Legislation adopted is 1979 (AB �989_Kapi1o€f) -transfetred.;responsibility for preparation "of a `coiaprehensive::access:prograa ,fr-cm the State Department of Parks and Recreation "to".the Goastal-- om� ssivnwaid the Coastal Conservancy. This"p=ogriw requires °coordination "Mjoml, 'Describes state and• federal agencies responsible for purchase, development and past state maintenance.'of public "coastal accessways, and- calls- for-maximum public legislation, not access opportutni ties: The nev- coastal access .program.legislation also necessary in nandates preparation of an-inventory of all e#-sting :co _ access Specific Plan poants a l sf' of access dedgcations not yet,-a _eRted:,_by public agencies, provision of- nforaa"tibn on whether• access is=',cur�rentlg available, and what action is neicessary to acomplisti< actual-:public" use..., 1px.addition, both the Commission and Conservancy are directed to prepare standards fo accessoay location and development. C. Dews Lateral Accessvays: Lateral Accessways represent areas of land that City LCP provide public access along the tpater's:-edge.'.:_:,Yatteral-accessvags Policy C 2.6.2 should be used for public pass -and repass, passive recreational use, or as otherwise found appropriate in a certified local Coastal Plan. 111-27 etc 1�® - Page 14 ��®-- $- rA � . Con 44, t CityLCP _of,Jon tha d AARMARM lus 'A A -M olicy is w k ok ldiii,o�t P C 2.6.2 __w I rest, 0- 1 "t is 4i a or public pas 406 e fcuricl ift�� repass,ir. s XT.- or ot p-It elTA,a ter-11, 10,r -43 Not llplarid Trails: voz�­-&zt -,vtoreme-oo-ta-areas o 1and the t Provide necessary <1M 1;­ ,­- "pu coS inlan d I from in Specific ashore-front WA)m_-X, Plan as TPI :s, W, V access from the first th c upril0d p C 0��zsdiVlt zv­ e:Pe t 0,aij- -Mi k or regulations i1rhil-II&I I -be used f6 do not U tra sbo sj� A'- t ooi­R toe ocean reference PA!"k-A A t c4hd -shtftlip4j� br_ii�* M'is gi,found a ii,'�certified Local Upland Trails d t City LCP Glossary Overlooks st enie-,Overlooks rgpT-,ese#,t-.._ar* o Ian I %46 povade the oui t a'Uzi! 4 16V the -- Coastal s: A Coastal Biketaay is a facility coast nhy bieycYe trails as: classified AIX Sect, 'Oej _11 code. A Described in pi4j ate GP Class I Bike%My ,(RIke=,Pa6--br B- ijw,.T a --co 1 17 separate right-of-vtLy designated for the exclusive use of bicycles and Circulation pecliki tr ians;=vith cr fl- s- by L motorists -minimized— A Class.1i Element pg. Bikeway (Bike Lane-) provides a restricted 'In, -the III-CE-5 and established paved area of highways designated, for the exclusive or LCP pg. IV- semi--e,xclusive use of bicycles with throw ougt!�travel. by motor otor vehicles C-54 cross floes by or pedestrians prohibited but with ve'hicli d _r. fl A_dI`aIis,,11IB*kgvay {Bike Route) pir6Vid4s is rigovof-stayAesignated;-by signs si us or pe;PeXpPt' markings and shared-vith-pedestritusor Motorists used primarily to provide cehtinudut linkbetiieeh,Class I and Class II -Ike - Hostels:- Hostels lov cost public travel accommodations providing Not sex-segregated­sleeping--in- dormitory--type rotes vi ii-tzhen and bath necessary in facilities for the recreational traveler. Based on I the-Europum SP as model,-hostels,,provide the function of lov-cpst, overnight regulations lodging in a 'climate conducive to-social_. andculturil interchange for do not thi traveler.- Mkxi*L1z,stay generally,- .1,s thr nights.nig t's reference these items - Support Facilities; Support Facilities are.those. facilities that provide ease of public use and maintenance 'of coastal.ActessOsys- Such facilities include signs, trash receptacles, public, -telephones, rest rooms, shovers, and parking 'areas. D. - COUNTY:'SIDE RECREATIONAL 'NEEDS 1. Over'vitv The Orange County Recreational Needs and Regional Parks Study County study vere undertaken to determine recreational needs throughout Orange reference,not needed in SP 111-28 -291- AT Item 13. ® Page '149 0ui,tq. Thlt= S.tt�dg specificaly es `ted deed M1P4 ; wivttze Viand put3c falfie asiY a ocular tams �2977a 1985rt 1995J ta�sat�s€y ssu�c.ix- en�d� >_ nee °� us or deficfenc of public facilz i .vas pro ecCew I upoat i s 112f0 matio�. Spe�ci.fic de€iA_ txans fb the`sc .used :;i� hs' at psis are 'as fe31 s: ftaor Suiplus 200+ percent of the cieand a3oca[ad cane . sx .5 �4 odes-te S pYus - :Bett�een 110 pe cen[ and 99 pewee t, o Lhe = County study allocated can be azcomm6da ted. reference,not _.. , needed in SP ]pro -ace Between 90:;pescgnt and 103 perccaiKo the d'pman $Bocated can b "accommodate = `� a Abderate Deficiency - Xetveen 50:petc L anti: 89 peree:sL o the - d" allocated` oan be -accommoda"tei� �- " f .deman {� >?iajor`_Deficiency - Less than 50 percent of the demand a3located =be" accommodate. I�t Vis--determined°that 1977 capacity ekceided de & for-the €0116vi activities fishiagr gb°1-, swimming, hipg, outcroaF games- e�ad,par�. 44- fiation *ct#ities that held majo6 P#icieo duck Imo? (a9id a become progressively gorse) vtr jj4, fo ie->�in : sEtrfIng,' b .cyclsag, tennis, jogging,. skateboardYr 'and plcnirking. Activities chat had a mad+erate .or Major surplusmere ,to develop deficiencies by,;1995 vzere the ,€olloviug: ocean%Ya&efriver svamm , horseback riding sad' beach visii'tation. {See Tables;1, 2,`-and .3_) E. SDNSET>BEACH:CO6STAL AOMSS 1. `Aeeess Protection The major recreational"facility in .Sunset Beach_ i`s=:its sandy-'beach an shoreline The area has experienced- zacEeased ;pulYc.use.. The "beaea bounded .oi the south by Asrner Aveaoe and on the Forth':by Anderson, ai d seance of.:6,300=fe`ee AEcess to, the shovel"iue z.s. provided b 27 ,street-end, :35 feet .in width, 1o3cated every:2 .feet` along trit[h"beach In SP Section frontagey The.:most recent estimate o€ beach sixze is :30 acres. The 2.1 Existing anlq recreation facilities on .the beach are vctlleybali sets. Conditions, APproxamately► &,St)0 feet of the= bear3s xs ;open fOrstzrfxng Lifeguard P9 8 sery iice is provid ztld games', st;'immiag, surfing and fishing' constitute; the sajor_ activities at this beach. There is :a parking area o€ fine acres, rest rooms, linear `walk, and grass azeas {see Figure 9). R rly 80 percent of ail visits to Cgtpty beach.areas were one-day Old County-wide outings., with vacation trips (13.7 ) and veekend "trips (5:5%) statistics,not constituting the remainder of:`trip types needed in SP Item 13. a Page 150 -292- P : :,;yENT . 4.y"i `�4 ITT 1h'j h;'ll�t i<�t�1�'•1 ��r�tr➢Ilt! ' �;��������� °�"■i��������,��� ��M '�o-�� �., ®�i��t����i�� ��e���� �M�11�'�11�1� Ilw��l� dill' �tll�l��11�1�_�il � �� 1�� �1 son Von '`�F t`�n+i#��3.{��`1f,,1'�',�!�`�'±�"�r,y�yy}")Y„!t lhgf Y y'..xl.�r��i t�(t�t�,s•t,,���;t t"���t�l�{'�{tt1��-�@1t•,;�.{1l:�pYb t�f,i11o:t:>$,:„,I.ly,�i ft,.y rr:,4�.a q.„.�,:.,t �9.t }pt'�.an,,=,��!+`i�{I,.}i,.�):l�f 1I1 s,A �.S,e�.,.it,+hts xu u<I q t.;°1 _y!1.ti}-;�1.�.��;f'�tt j,��.,G:—T:F�t tP3��F.. RIM, d M,��,l.R.,y�t - — — ie� r ?t er�ar w Maw , US 336AM I I' liOLAN _ Wow. � ® ...WON � ■ � '� swt w"�ww'ai�w �r a�•�rwrr rw�o'. IMM � ��t� �..om A=A ®eM�®N ' ���"���� i � �. rr: -, ' -lt � t •..r � !� ,, i '��� ti��r�i'.1 y aj!~p��r a,� P�f i�,P 1,�Lt��rl+lf{�jal� �� li.i �tt�}�.'�i! aqq a 'k- ,.. ..-�.i ,y,.,,i,1,,... !6 I t h;'1 1!,1+r)'7,t.,t, �-.t'_at +, �.� t -.���:..., / i��:,1� t (f/.i.�,:'. '��•;. � :�t:. ,�:i!r":. �' 'r. ri �, �,` .`.,��{t.�.:,�'.1 q.. '. ', (a�YiA�iR�:a� F a r.�; 2. Demand .for :Shoreline-Access - The denand"bi-kidc ss Yta.<: e.:: anactiV teas iu ud M out-of-County residents as yell as- Co unty rest erkts, (r ,x residences accounted. for S�6 percent of beach_vsers yI* contr"ast-, Los Angeles, San Bernardino, Riverside, and San Diego Count3r, resdien#s Old County- .co�aPrise 30 percent of beach users: Out-of-state users acc,- for B wide statistics, _.: perteiit: not needed in SP The orange -county Recreation -Needs and.Regional .Parks Stuffy"`"siate"s that a surplus of beach facilities in .the 'forth Coast.Planning W-t currently eiists but still be deficient by 198 ;. The=studp fustier . states tliaTt the real. li>$i,tats{rri.:on:_beach. vis3taon. s.,not the extent of the :resources bnfi:raccessib lity .t, the "outs �s oxt es of - parking, l teited Public transit accessihility and heavy 60%istion on Pacific Coast Highway .and other access routes exists. icit...,�aa . deter sone. persons- from visiting the. beach. Consequently the lciphtion rife`fbe'- beach visitatfoir-;Wit u_ od.,say-be_,110V F. POLICIES City GP Goal Recreational Open Space RCS 2; Policies RCS 6.1.1 1. To detereiine regiiirementsl .plan_,or assist in the planning-for,_ and and assu4e nanageeehV responsibility, a iesi _appropriate for open-space RCS 3.1.3 and City areas used for outdoor recreation, including but not.-ili `ted to, LCP Policies C areas of outstanding scenic, historic and cultural value; areas 3.1.1,C 3.2.1,C pai-Icularly suited'•for_park, and ,recreation_purposes_, including 3.2.13,C 4.1.1, access do`'lake shoies.; beaches, and_-rivers and streaas;_ and areas 4.1.2,C 4.1.3, C which serve as links.betveen major recreation and 'open:space 42.3,C 4.4.1,and reservations, including utility easements, greenbelts, banks of C 5.1.2 - rivers and streams, trails and scenic highways corridors. City GP'Policies Scenic Highway/open-Space Linkage RCS 1.1.2,RCS 2.1.2, RCS 2.1.5, Objective CE 72, 2. The scenic highway should be linked, when -possible, to regional and City LCP parks, trails, wildlife areas and historical sites, greenbelts- and implementation other recreation open space areas without being detrimental to them Program)-C14 3. To protect irreplaceable-beaches and coastal___bluffs from development City LCP and natural erosional processes, to provide for the repleniskiment of Policies beach sands, and to strive for increased public corktrol and access tC C 10.1.6, "the-beaches and the coastline. C 10.1.7, C 4.4.1, Overnight Tourist Facilities C 4.42, C 4.4.3,and k. To require that facilities accommodating overnight tourists 1inSP GoalC2 permanent structures. Not carried forward 111-30 Item °13. a Page 152 -294- "AG HK.4;. ��.�_, �, 5 II The City's d Ve OPMW Xz,K--xtox oud; t It Mixed Use '-ffitot of Overlay tk�, 4, -a, er;Utrsw, --AA r bih v goat, allows this TRl.G. cess" ikl by the City LCP 6. To provide for maximum public access to the amenities d' Goal C2 sits.. C To r range U= - AgSi`st Ur I es and mass=made aprox i, s6 that aspectt 6u tw TRIG lab for-PURPq.1i_141,0Yzent- City LCP Policies _R/C_S3.te T Alteration- C 1.2.2 and C 4.1.1 8. To conserve ftati�a=al`_7featixresi of.the;TR/C,;site -t,-b3t*.,u f site alterations and grading that enhance the natural seenic and recreational features of the site. Bikeways-Transportation 9. T dii a count 'do am 0 bikeways. to 9,,,--provi y­vi . tr p ttation,imetwork,off bik� reecration arms 4fid--othik destination points of,-Significance City GP Goal C 6 throughout the County. and 10. To develop lop keereitionally pleasant:bikeways to the beaches adjacent City LCP Policies e-Cities Of C 2.2.5 and ,to tfii Seal beach, Huntington Ieacb j_.,,ftx'Vport Be4ch_'_iind San Cle4ette. C 2.2.7 Bikeways-Recreation 11. To provide a county-wide recreation-oriented,ne:tvoIrk.of bikeiiays that would link and traverse recreation and open space areas. TC/C Beach 12. :The County of gran ge shall take all steps necessary to protect and to City LCP defend the publicli-, constitutionally granted rights of ,access to and Goal C 2 alb'n-g, the the shoreline. City LCP 13. Public facilities (e.g., parking facilities, past r,00m's-,and bicycle Policy trails) shall not be located directly on the dry sandy beach. C 3.1.1 does Necessary facilities (e.g., lifeguard towers and volleyball 'nets) are not allow excluded from this restriction. parking 14. The existing beach and sand areas shall be preserved and protected. City GP Objectives ERC 4.1, RCS 6.1 and City LCP Policies C 3.1.1 and C 3.1,2 111-31 -295- .-Item 13. - Pa 153 , 35. osns rf-XtOning teals alai o he }eonst; ncaoAa - t La tie__, City LCP TYatlara7"s or line pro'c"seS, esS E t� AS C li a Policy C :. r. i ted, ad"i►�r'sa._�inpacts oti 3:oca1 shorelsz:e .sane supply" shaclir� '`' 6.1.24 lei. er :s koa ap,:.:�1ke;paths k eg_:trail, ;o�r_par_ tom; ,In SP Section 3.3.3 facilfly ,flit.the; e3 •=:,r. ;, Public Facilities, pg. 38 47-. there ll sha be as a nature City LCP 1Seacb from px op�ey }nsta �eaa high tide j,3ae shall die pra�pely Implementation srisizttaec .and xou �nel ;cleaned. Program I-C 6 1 '. The Development 'Guidelines contain specific Idi.,!l In SP Section 3.3.3 protection of access.. Public Facilities, pg.37 s III-32 Item 13. - Page 154 -296- AT 5 %(.1 1 � , 4, V. IR9 9 es go Afilwvthk pkb., h t- e for_ Introduction -- development of nev fAciliti-es anA- the 4 M."indvo�ead oft of, Par agraph, certain- ex facilities UtiIs t4l ­ 'provided not that iiit"d to 'o, necessary p �iuii development prop 'i in SP esti�blish- p awater's for: evaluating f proposals i- se-11 o res i r, �;:.*,t tieouq send, enact to -athlera t e. 4degree_ of es r A fl orta publze access ,rovvisipa-,and an, use imp t t The "Recreation and New Development": Plan has been prepared to aid in the realization of goals as stated in Section 3601.3 of the Coastal Act. Those goals are as follows: 1. Ptotect, maintain, and where feasible, enhance and restore the overall quality of the coastal zone environment and its natural land City LCP man-made resources. Goal C 1 2. Assure orderly, balance utilization and conservation of coastal- zone resources taking into account the social and economic needs of the people of the state. 3. MaXimize public access to and alongCity LCP the coast and maximize public Objectives C recreational opportunities in the coastal zone consistent with the 2.5,C 2.7,and sound resources conservation principles and constitutionally — C 3.1 protected rights of private property owners. 4- Assure priority for coastal-dependent development over other] City LCP Policy C 1,1.2 development on the coast. 5. Encourage state and local initiatives and cooperation in preparing City LCP procedures to I implement coordinated planning and development for Implementation mutually beneficial uses, including educational uses, in the coastal: Program I-C 12 zone. Furthermore, the Sunset Beach Local Coastal Program defines land uses and the accompanying extent of those uses to be developed on site. As such, Identifies it is consistent with the intent and specifications stipulated by the Coastal Act following Coastal Resources Planning and Management Policies as contained Sections, in Chapter 3 of California Costal Act: not necessary Policy Section 30210-30213 (Public Access) in SP 30220-39224 (Recreation) 30230-30236 (Harine Environment) 30240-30244 (Land Resources) 30250-30255 (Development) 111-33 A -297- 'AIAtem 13. - Page 155 �. 5i)N$ A_ H` T4IIf).x t 5 PZIR r 4 1tr oductfon x' w componea eats#fishes and des t areas oaF res'dentiaud� c ercial developt that 'll ntsti��peir coasaa XesoUMow or die access. so°Abe coast..., Add%bona : i se>: imuida> ahie 1nSPsection sitae and anlerisaly for these lases x, Land Use ,� v... all Pfan,pg.8 - h land Use .Pfau ls` the cul� natfosaY cith -Je vaorts co ts. b cies`are provided to.,.guide thee " ,ato <ofhe �e Use. Hap {see Psgure lU) a ��vopment G'uddalus establish studart #or evaluatat►g_future deve} x � The goal:of the Land Use�Ylan is.tis magaan aid `erance'.theme specel - ,racter of Sunset Beach. , The preservation 'of the.unaq�e c1%aractei` c of >the:area is the",fundamental goal. Y 2. fisting vigitbr servangdt~otmaercial ReiN do l Facilities . t Co SialAe po3ic�ies regarding retreat a and visatoz seri►ing aeilities require tiistrhutfon ot-.p � Caciliies, zxiclztdin�, pin :and rest areas,t throughout'th uetg's toss tad arQa iai artier t 'eI18►iraate crovding sad ovause o'E fay:siagle area, Ehe,_protec'tior; Coastal Act encouragesent sad provision of loser east visitax facilities;. the p x. regulations protec lon of_ocean+fron . areas for caastak recreation; the granting already of priority .of projects 'with comeerc recreational facilitses over included in .ocher`uses;.- the reservation: of arnt ugic area aecessary� to support City LCP coastal recreational uses;; and the loc'atior off;visitor=serving fazil3t :esp Public and private, that pia`vade accomsod'ationt and food and services for tourists; commercial reicreationalfacilities serve recreations- needs but are; operatedl€or private profits,. The Coastal sct's Visitor and ReEreataoalFacilities Policies are cvntai in Public Resources Code°$ectaon 30213.: bower cost 'visitor.sect recreational facilities shall be:,protect , City t CP e;couraged, and, where feasible, pr T-11"d Deve opffients provi4ing Policy C pibl�c :recreational:oppogtunities are referred.. 3.2.2 The Sunset Beach area.is presently 9t percent develoed. Commercial In SP Section 2.1 development,alioag PCH prcFvides numeroug>�a eis, rgstauran.ts and Existing services to the vi'satin� public " he Gounty,_mafntainu 6.'3OU linear Conditions, feet of:.jniblic beach, a pare:lot for 6�0 ears, and linear park pp.8-9 Frith rest=ioo� fac ��.ies; - _ Future _oppoz:tunitses foz exaridr�g. fatalities are_ extremely limit" Built out nature in•SP due to the fact the sunset Beach area:'°is for a]l prac[ical purposes, Section 2.1; developed. Therefore io new 'suitale .areas ase° available. Only other -intensification of the exast'it development areas =is available far language not eaciaizing these. As.,the study area3 is buil3-out; development necessary standards are based on existing cop tt3ons a tho'area, Item 13. m Page 156 - -298- ,�TACHNI u e � �44!r y( 1 ({�.�, •...i r\f.r..ifAl Ali 1 rP+�i �} CI �'jr ��Ut'�` 7'i^°, �.fl i�li15,5 A�,` •,i �,�>k'a���PA y} _. ►��� ,,� tl ,,,�.4y.� �� , I ,> k' _.:cPU: All I;W�3�1 l r P t t ppO llpplp.�l1p11pp1���L5��,�r�lt1 • t'1.i�r (v �3, r , llppIpalI® pIp!'ppItl v � kW `A ' l7 1 Wl 9 ME— att 4 r �,ty�t _...._-.__ • �� tR�I41{C�lt'el I571�"I! / ®p RT 1j.. ' NIaS A��Bt 1d�A �47A'4tl � � �In 1 4 I��� � ►��11������1�1p �_�_®��t� l �� , , v • IMP_.�,. ___�-!�1����IB�E��I������� �0111,9!g[UR d q 111 IN119,3L��p�� p'� �!���� ���p", t4 �1:' tF �.. ! ri.l!i i t 4 �,.i. g piy q I f� •;,�.t1,. �..,. .,.(.f.. -,. .L tp,..f 4 ., ...)-.I -1: ...� .-„ ..., .. , r,.,: '{.1 z.�.il , , ...1 +, 11 l r�r i_,Ss.��s11�9 1� �,:&„t,<•ut:�ubA4f.�:`?�td�� _ -. ���._ �t 5 , "� -.,,•_.- -_ _' ) f i "'% ®MUM loomI ORWAM '7�•'' �-q 1 �� 7 ''f, �� 1plpppilw,r Naomi }, -- IOPPf9W1lT ! a� '�' �° VIAI ■�e����� ��1ff7AIf.11.I PA iY sl,1l��K/ t .�.., .._ _/ �6�A �p • 1 Jim - -, r i _................®_ ®� [W! ,111,1 � �������'�i; V, 5S4 1{5l y'S SrjtY . ,_.. -, ..n" -..t5. Lf,r", ,.r, o.r..r r;,,,ti,Tr l •:1�{•l�:71. :1d� ,:,1 _ f. ,.�, r f � tf. n+ t; :I� +1 t ..-,. ..+. of-7y}1, f,C n.v P {.j,..)_. 1 ..�.; 7.;7.. ,.,_. .F .,:{+.1, _,. :.: - ,.y...,r ,,:,.1r f '.�t :}:.�, fL.rf:; ;f,::• ..i':��:t.�� I[� f _4P�� ,7�`• �� �: kjl 5 r I''( r �l !�� (r ��� i��� � �� ! {: ( � r.i�, ri .�,�.�.1 �1 t. li'f.; alr}' . l�„tl,. .., . _ _.__.G_ _ — - - • � 3 1 f. • � �t: I 19 t 3. Housing Component file, ou' s-1,11k irr''_N­ t o 11: Ww e 14,y ng, elements adPT, - � Discussion Of the rec�ttirenst �of, V14W T A 9P Mae V, _--6 Housing Element not Tile Boa i-,Ou Snipe 7 40 0044--II I- amended -(OWX 'AeR t: in ne eded in SP. Requirement JUDO, 1986. -The AbAlSing El'"eht, 11 "'p" for new Pr ` VM& it intended.toalieVia tehpusIn9, Or-t'a i� b, r, development ricr`aasing -tFie w­ ­-prNduct1:o ,* -oftj to comply with 'goal City i&,n iu ra_nga- levels _4 0 71 . -0 1111' '.__ A t 'A lifi �tr thzou "M" man atrorY Affordable iii ' ' ii 6 6.AM 0 ts�4 e, s;� In he Housing Requirements Vithin this context, fount policy; to-:= ir re" d in SP . e an /br-I.,encourage a portion of nev units to lie affordable does .t- deviate from the Section 2.2 ach. Land Use, -lines pg. 17 of the Orange County- Housing,,Ele�tit through. 00110"fVfqw ensure Element as amended and encourageseleketnt it etffect at the time a project is to be-approve,d 4. Seach Rkosionj' Shor*lihe-iStftctures, Boating Facilities Beach Erosion the Sunset Be'ach shoreline is subject' to severe-erosioft-(see General C discussion in the, i esoUrces-- 04ponliq1t)- The Cops 0 p—veers has an discussion ;i" lac'emdbt to mitigate th:Lslp ocess. ongoing program-o f sand in SP PP beach b_Ili-�' _L-1, ' I Section 2.1, The'r6fori;, 'beaj stability- -'s primarily'dependent-,up6w human factors ' s If 4 ath n '_ h*env.-'PrograjP-, pg.9,andin- effect in 1984 and not nature. ourl ,is halted or delayed, beach erosion that- threatens,homts _:­, irn Sunset Section 2.4, Beach should be anticipated. - This erosion, If it con,tinues long pg.22 enough, will expose homes to _4ave attach as Vel.1 aS to,-flooding. in Shoreline 'Structures Special design consideration must be given to development along the shoreline because 'ocean-eater creates te a, flooding problem-- Design guidelines for residential are established in Chapter Four (4) of the coastal Flood Plain Dtve opment -9t av amended. - These guidelines "are _-basqid,,on the In SP assumption that the beach will be artificially maintainedl-,-vith a Section 2.4 width of at least 150 feet from the ocean-facing private property. Flooding and s on Shoreline line. F1'0-vx'-ng ter va i Ai 'the h - lyAdtigb considerativn. ,Should the beach reietiif to Tess'-than _#irdth,,, the -possibility of:,storm Structures, erosion and breaking vave activity at the structures may occur and pg.22 flood protection as regulated by these design guides gill not provide protection from nave impact forces. Revised design guidelines must then be modified to reflect the circumstances. in-35 C, -,r "- T A"" JVF Item -13. - Page 158 -300- - A R#tiooale:.for PoAkq of S"trotures. YIN,1Ef►; d . sitrs:a_ �obrd i t: i`� 11 ] ves_&. p6 � � { .. Q t the?'; .,r 8at,a. h - sic "�, restA,W_ frpirt14 seess + *r ca : ,,raising the ll:v* , area of t ie h aees a6+ �zel:�o f Q In SP water.. The .coai~a Flood Plana lrevelopmenl: Stady r"" ur font a nee Section 2.4 §tincture beYraised tu,;al speed€i ,hetght abave,a poin, 0>3 VSOa�th Flooding and 'Pcfic Av:nte Shoreline �x Structures, Iri addition :ta r+�eidYn Y flood d� ytl�e pg p FJEtLEfit aaillSt r 22 Cerement -#o bx�f3d o>ti� pile alongti Paoific provides a: afe1 y Tmargnsboul cAttditi at;.Sunseti�) eac11 e u <, oe way they trere in. the I34"s r�hen hoees Mere vulnerable to a cc bg �*aves. Bones on shallow footings. can be rapidly dam age 'or destfbr- if thir,sand support ie lost; to;.erosion. Existing la*�ful aoncenf+crmiz residentza u&es,_may be sevei7ely ,:. =mpacted bg-the,0oastal Flood Plain Devlopnt 8dy sud dill requite special to rations Boating Bacili-ties. There- are no publicly maintained 'boating facilities vithIn the study In SP Section area. . 'Hovever, private docks-_A-re,,available-in -thus Y District 2.1 Existing adjacent to commercial and residential propeaties s lbJect"to the. Conditions, permit process. pg.8 There:are:no:.p-*lic_.boat _launch-:si;tes in,Stmmiset :.Chao n 1.> i th the exception that the nontrailerable boats,.whic Acan be hand=tarried may be launched at the Uth Street Be ch. - The publicly c e, Sunset in SP channel has ;been privately bu-IMeaded;and the .streets and`-alleys, Section2.4 vhe , thay-abut the.channel, were-bulkheaded' by the County; limited Flooding and facilities are provided. Shoreline Structures, C. SLIPISET BEACH--1AM USE,PLAN,POLICIES pg.22 1. The existing visitor-serving/commercial-recce4tional facilities have In SP been identified for preservation in the Land Use Plan. Section 2.2 Land Use, 2. The Misting pattern of visi.tar-servinglcomercal-recceat'ional pp. 10 and facilities shall be retained and intensified where consistent with 17 development guidelines. 3. All.nev development shall conform.,-to the orange County Housing I Not necessary in Element. I SP 4. The County shall .cooperate ,vih the United States Army Corps of In SP Section 2.2 Engineers regarding all sand replacement activities. Land Use,pg. 13 III-36 ---- -301-- - ATTfi Item 13e - Ida a 159 t {'� ' dev i�eplent the Land use Blain, speo f e y° to Barr ou y the t"�Cvasta_1 Act conglstent with The.guidelines: consist of the Land ause map (see figure IQ) and the 1. BEACH AND SAND Ah; _•-. <Eatsting beach and sand; areas,:still be i3ii ned_inc their Oresent fora to,.preserve the unijue pubic recreational character of St>nset Beach. " :2QReceotion shall be defined as passi�!e _act3pe recFes ton which fs is coiEos-aance With the developai �61' qs of the $0040 :Beach 1.1.2- in:cooperation_=with xhe-Mate Department of Fish and In Section 2.2 Gam, to_protect and preserve ties natural habf.tat of Land Use, spa n=n grmxan, psa elaua and other shellfish pp, 13-14 beds, porpoise',€eeduusg and spoxtiiug grounds, feeding grab for the Cali-fornia broom p*] -tan - grebes-, cormorants., terns, gulls'and;all other natural sea life and waterfowl. 1.1.3 to .protect beachfront itsidences and maintain both public and private- opan ocean view and access. 2.2 To meet the foregoing objectives (section 1.1 above): 1.2.1 Dredging:--and sand.-replenishment shall be scheduled r during..fail_: nd_a -;vintor..months to reduce conflict with sunning,_sviiamng 'and other shoreline water activities. 1.2.2 Sand replenishment shall -be,de_posi_ ted at: the northwest end- of the beach in the area contiguous to the U.S. Navy Ammunition & Net Depot harbor groin, the point .o f;primary.,and_ m-,erosion.-. From that _point.,sand shall be;distrbut+ed sotutheastvard dorm the;.beach=bY,nattural_,rave:;and,_,curFent action. This wi, et avoid the: destriuion of-,natural marine life hab tat. At the same ti it.w _11 preserve the recroational.character of.the beach and the fine grain and,cleanliness -,characteristic of alluvial ocean.: sands;. . Sani,shali not be pumped directly on the beach within Sunset Beach except in response. to.:im ed'ate danger ,to, residences. 1.2.3 No government or private ageney shall construct or cause to be constructed any structure including but III-37 Item 13. o Page 16 - -302- .a 14 .� MW a :tr ns "#rl �pst s,_si;a _wave ': � F s� pzc ta�ix tur Oft 'ts�.04 #or exi s tIA, �trticturesvkiliv i>a .da tgsr , , fram erosians 1.2_4 Permanent ''structures:,v i ijl :'be3 and sand areas stall be prOr3bte 1.2:5 Tip fulfill visitor,` .sesv in ne d$s, to minimise _ ,. ger�s""ciaa3��iiiji�les� "t��=ed1} ��utty l��blaty, sa:61t4tion s}3a11 be >ea i t Ei ed ' 'r properly and routinely cleauaag meadaiiaiiA beach and sand a ` frog ocea>R a to ti artii+elal dtae: The protective gro�rt barrier shall be, ma,iutaried by 1.3 To protect residences and the Sty it Beach sanitary system In SP from flood^vat'ers and excess wind-driven sand, to preserve section tiia saadx ia� the b chi area the a reditci i replenishment 2.2 Land coats, and to enhance the appearauee of the_ benefi,t of Use, vis'Ors, 'preservation of.t a artificial dune by residences pg. 14 sTsal3`..be retailed and eneouraget,` is heepiu with Orange CaAmt i hoard of=Supervisors ltesalutiou Nos. 80-188 and 1.4 Access 1.4.1 The t*etttp-seven-(27) existing public access points to the beach shall be retained in perpetuity. 1.4.2 denoting the Public Beach shall be installed at tlSigns`signalized`intersection of`Afiderson tft6e*hi640"y .Avenue Tani Varner Avenue along. Facif 'c'�oast High1P'. °Signs shall not exceed four (4) square feet. 2. INLAND I7A.tOVAY9 2.1 For;greatek-fuse,b the: general. public,- all channels and public va'ter�a3 s in ex�s-fence es'u€ February .2, 19,65, on Ale 2; date, by°'ResolutsoA`65-iT2 the Orange County Board of In SP Supery sai=s es€ablishe'd the'chann'41 widths, shall. be section 2.2 maitan+ed'as`publc �iaeays I.otation of bulkhead lines Land Use, and`encroa 'areas shall, be. established and no structures Pg. 17 sliall'�&t*od be the bulkhead line except for ramps (gat gwaay% and;'doc3cs. 2.2 Every effort shall"-be made to protect and preserve existing natural sea life and vaterfovl, and to maintain "clean" 4ater. . 2.3 To meet visitor-serving needs, the ilth Street public beach 111-38 - - - - - - -- -- -303- Item 13® ® Pe a 161 In SP Section 2.2 Shall. be-reaiaedt reir - fQa* if Land Use . . :.. . recoirfre�1: .sue..g"adeeut ;ceeze; pg. 17 :o t _t aiw'r -b r. nts 3 e a:n. - 3:1 . =;B.eca>isi*:.o this small.: szew: ii.;speof i�atttxe otKa Sset: In SP ea. ;c#i> fill rand<t a Ii to € C'a—C a.... uses g. the Section 2.1 coiiveea�egs lacllitf 2uid gt> ds� proya>ded,seise the visit gars Existing andT t-60�'sts�:asF- as .loea H;->VQs deti s}= Conditions, - pg.8 3.2 typical. uses : acude:_gift �,a -speEalft3► shop, food, aid drink esta�bifsbtTs; antes sad°.othex:: rmentv"overnght; aecoeinoaonsi s fobtts-aod;drulg" stores. 3.3 Existing facilities were designated Tourist Recreation Co e x a /t)s ou°tlie.>Mail- t these: shall be retained' In SP 3H.4, Should and eacisEitig residence pre: #= -y- on,�propert�r zoned section 2.2 commercial be destroyed by #ire, natural disaster;: var or act Larid Use, of ; °su'chybe =ehuxlt.;a a resd+emco Pg. 17 providing it ` -cianfo mto the°provisions of the�.>wesde>aalai guidelines. 3.5 Where, tbji r ial uses abut° esidemt e2..propertq, no balconiesx decks or the open areas intended for public use shan,bo,al 6vw to infringe OW-adjacent residential property: 4. RESIDENTIAL 4.1 GENERAL PROVISIONS 4.1.1 All -1`ega3ly created resid'en:flak:building sites shall be--pervii_tted:only tvo,(2)_Avel`ling- units per site. Nev build rg_.sites-created, by--a tract map, parcel map, lot consolidation,. or any other legal method, are also- limited to two (:1.}�-dvel11ing units per building site, except as noted'-- above. In SP Section 2.2 Existing::legs, .buildiirq si-tea.- shall not tie 'subdivided Land use, in a-° iiner that: vould create Mort parcels than the - Pg. 17, original number, except as noted in IV. C. 7. with changesto J.2 Lovlmoderate="cost: reaatal-.units ;should be replace when 4-1.1 to reflect redevelopment occurs,=per. the-:County Sousing Element. current conditions 4.1.3" Conversion-,:of multi-unit ;buildings into condominiums shall`be a loved=:only ,if<tht-building meets the standards for setback, parking, and density as they are contained in this LCP. 4.1.4 Public services facilities shall.be a permitted use in a residential use area. III-39 Item 13 Page 16� - - - -�®�- - . &,41 ._ .,. 51f,°> 'PkMS�O �' Oi�f' F;&' i��l'�� 5.+.2,. _- _ 1` eserf= = p+ 't; shatreta33aPd; and In SP vig;,rous enfore ., on a12 sts�ets within Sunset Beaus Section 2.3 x Circulation, eacegt Pacafc Coast ,> g � n s P9. 19, 50 2:= Sgee fief _ >a=,Ysif 'c, Cflaglzay throughout Suas�e.t Beach u m i e hall, co or> ith ek- tzag 1 i of s gzs 1 , and o. be -in given that co�af sz ,v#t ,march-..speedy ii c1 P c f' c Coast"highvay Caltrans regulates thins_tha'dev� is ed "pot s,aft adjacent :cities of. Seal Pacific Coast Beach and Huii3ting.tdoa Bei3Ch. Highway and :-:�.r ;� .� � �..•.�... : . it's not Tie, Caurxty::skald r uest Caltx�ans to do an°,engiaee�iug and appropriate ppropriate in traff o s�irvey do deL:ezmiie f6l approptiute speed lime on_ azoning Pacific Coast Highway in Sunset" Beach. document 5.3"= To::.the > aui : extent, feasfle to".saximi.ze visitor servicing needs and fissure public safetyl,. Pacific Coast Highway shall - Wsisi0ed to proari�e.`a safe vid:th for-,pafallel pair In SP 5:4" Pac>fic Cgast Highly is. designated a.;= scenic high way=° To Section 2.3 ensure:tlia th+o- !e scen .c;c iazatRferisti AM-,axe enhanced, public Circulation, and private projects shall, wherever feasible, provide pg.20 la idscaping'-6erever=there is adequate-.space. Not S.g To provide sea access by°-the Orange.County Fire Department included; onto Pacific Coast Highvay, the tra"ffic: signal at Broadway see note Avenue and Pacific Coast Bighvay shall be wired and connected above to the Sunset Beach fire alarm system to ensure. traffic regarding control for safe access. Caltrans 5.6 To minimize existing beach visitor congestion at the Starner Avenue .parking Sot,• North Paeifit.Avetue between s" finalized farrier Avenue. and•, S.th:Street shall be widened to provide two=gray traffic-,'on-such widened section. There shall be no condemnation of private property for such purposes. In SP 5.7". The`:feas.ibility of -converting local streets crest of Broadway, Section 2.3 to one '�= circulation shall be evaluate. Circulation, pp. 19-20 5.8 All existing on-street parking shall be retained "vithin Sunset Beach and wherever possible es-tablish programs to maximize their use " 5.9 There shall be. no parking on North and South Pacific, except in front .of drivevays by 'permit only.. 5.10 In order to facilitate visitor serving needs, diagonal parking shall be alloyed on Anderson Street and Broadway Avenue. III-40 -305- Item �13. o Page 163 5.11 _ All street ends.f except for emergencg aEcess, openang onto the beach, shall be fully devely €or ptib3.ic psrkieg prior In sP to any o pub i. parkiadg' depelmpment.. Section 2.3 Circulation, 5,12 Innovative programs; to ain_t la:the.aexis.tang parking apply pg.2t) in, residential areas and to.- ptov3ae for flexibility for commercial.uses shall be encouraged. - 5_13 Signage sud parking control to menage parking supply shall be implemented. 5.14 ftblic transportation is support, is the Sunset. Mach:ICF, Not included. however, facilf tfes other. Dian;,bus' stbps _shall be. looated Not appropriate adjacen Vanier t to _the area of greatest public:need ti-e: Bolsa to regulate Chico state Beach or Oe to round),. Such areas outside of facility will mitigate the i>i�pacts, social or othervi.se, of ar ar boundary. overcrowding or overuse by the public in the Sunset Beach area. 5.15 The County shall undertake a study of previous street Potential street dedications. for street videnirig. This study should evaluate evaluations the comma-1 ty-need of such dedications and develop standards covered by for future dedications or abandonments. other guidelines in SP E. SUNSET BEACH LCP ADVISORY CDHKi BE Section 2.3 The Sunset Beach UP vas developed largely through the vigorous efforts of the Community through the LCP Advisory Couni"ttee. Subsequent to the LCP's adoption, the Board of Supervisors designated the Sunset Beach LCP Conformity and Violation Reviev Board (commonly known as the "LCF Board") as the official citizen's reviev group in Sunset Beach. The Committee helped 'identify the community lifestyle and special needs of Sunset Beach. It recognizes the complex needs and limits of planning In•SP an area that is 96 percent developed. Coastal Act Policies have been Section 4.2 applied With sensitivity to the existing community. Methods and Procedures, The Sunset Beach LCP Board provides continuing community participation in pg•54 the long-term process of implementing the provisions of this LCP. Such process does not replace the current mode of community participation but provides a centralized forum for obtaining community opinion and for transmitting recommendations to the County. The LCP Reviev Board's specific function a and membership is contained in a separate document titled "bylaws of the Sunset Beach LCP Advisory Committee (LCP Board)." JVH z i m L082117582101 III•-41 Item 13. ® Page 164 -306- 71, 7 .77,75�a -9P 1:1.1"M y,g IN .......... kvi, *.NP 'N 5qO N 7,r4&g,�AWi A A If Raw.1v ............. ,im, .......... 1.4 Vc.2 t REG ul Q, LA mw;, .. ...... TVi In SP The Smset Beach;Land Use Retv,- tfflns implement tote Sunset Beach, LGP Section 1.3 Local Coastal "Plan. The regulations are adapted b}t orYi�arice .ptttsan"t Purpose and to s5eet`ian G5430 'cif;'the State ern�ent , the +E+bu rry 61 4rarige Intent,pg.4 O$llifl ePc$ 2CtlflA` St u B. GMM&LPU ?S$ AND APIPI e-MOR �. +�iigf3l' PlYrp05e The Su3sset Beach Land Use Regulations are,adopted for the purpose of promoting the health, safety`and general: wel€are O the Sunset Beach uni t and tY�e County of Orange. gore specifi, ally, these regulatios':ae° infend'eil to.-provide the stazidard , criteria and procedures riecessarq to achieve the`follouin_g:_objectivesr A. Pv6* de°mazir ;opportunities, for community design and site in SP plaaairtg9 consistAn r.rith,orderly. depelop�ent .ar►d protection a€ Section 3.3 sensitive and `na`tu al resou"ices, .with". a logical and timely Purpose, sequence of community and government review and input. pg-26 b. Improve the visual image and general aesthetics of Sunset Beach c. Imp1e6ent ,the applicable policies,of the California Coastal act and preserve,^protect and enhance .the,.coastal-Zone. resources of particu]ar value to. the Sunset Bach. Community, -County of Orange,, and the State of California. d". I leeent the"-intent =and-purpose of -the Sunset Beach Local Coastal Program. 2. Application The interpretation-aa&application-=of the= Sunset_ Beach Land Use Itegulatians`shall _.De At .in accordance .pith the following In SP pir4vf sl`bAs z Section 1.3 Purpose and 'a. These land use- regulations shall be applied only within the intent, pg.4 tioimdaries of`"the Stws-et Beach Specific Plan area. b. The Orange County Zoning Code is complementary to the land use in SP regulations of the Sunset Beach land Use Plan and if any item ot Section 4.1 issue is not included vithin the Sunset Beach Land Use Enforcement Regulations, the Orange County Zoning Code shall prevail. of the Specific However, the Zoning Code shall not override any provisions of Plan,pg,53 the Sunset -Beach: Land Use Regulations. IV-1 Item 13. ® Page 16 -308- TT CHM �(1`1,- .� ,5 tiD? of ti es ' eg [ 3.0 1 :SCR fair ,r.eat s: to SP declared 6 a.- court of ci tent #zrisdfct3on to be lift-1 l 0 Section4.4 neffect=ve ,3n while ox paxf`, sued decision ahaTl.aot affect Severability, the valxdf iq of thil thereaf: the: pg.55 Si p�rvfsors hereby ,declaree t at i1t. ozrli bane°eraae;ted tbeset lat. oits .and ea eft port wi the eiD:f; %rzespeci vee -;:the :fact_ that nay o16 ni .oY atoia po>4tions be decl$red iavatf� bi iiie# ectxve. _. d For tine purposo of carr ies out the�futre�t as g pu pro„sO. o geese In SP regulatiods;.`words aterios ,fie d Eo;ha e: e Section 4.1 . Enforcement • meanitis ascribed to them xn ;trnia>!g Code 5ectons - & thrash of the specific 7-9-47, unless otherwise Provided p these land use regulations. Plan,pg.Specific e. The official .citiaen's revaeki'°> uP xn Sunset h " designatied' by' the Zoard o� *ch it? Nof Revfee Board-. included. The I.CY Board shall asssst tie resi-eats and This prRop�, mho pertains to �iSh to` file.a Co�plBint of nioet ohs b the TDB County the LCP tioni �nR;sand':sari di #> dinaz3ces� oV vio3�t d1;i �l the-Swsset Beach Board's ir:Cl". <arey`®iolatinn repoirted tv 8tiard and deed ..t1te Board to rules,which be valid shall be forpaxded to the'groper icouuty ageacg for are not part their acts In all cases• gee person JorJ4,ug the report of of zoning vialati ons=to• the. I.EP Board. shall.-be, advised a-- the Protedaise to regulations file .the cot$ -la nt directly tir. C. MMML PRbvlsit1�S 1. Any conditions, requirements, or standards, indicated graphically or in writing, that are a="'part o -� an approved sutidavision..;map, Coastal DeveTopnea't Petml-i or.:vanabceg• appttavied in, compliance wi::th these regulations shall have _the?saee t"orce:=and effect,ag these regulations. Any use .or__.develop at,esi, bl shed -as a result of such In SP approved permit, but not in compliance. with all"approved conditions Section 3.2 shall be ft viti ation .cf=__-the;Sunset,Beach I aad Use:Itegui8tions and General orange County Zonibg Code. Provisions, pp.26-27 2. All construction and development within the .sunset.-,Beach Co unity shall comply with applicable provisions of 'theIjnifc a suildlUg Code a i �other:various Beehan .cal, J ect ice , i atb n .aa+3-Housing Codes kolafted thereto•-as well as. the 4*o Code, o,., S _Code; and Subdivision Code as, currently adopted Iby the,.,Board.. :of,_Supervisors. 3.' In these land,user regulation,:_for- all, re,gs�latory ,areas, when more than one description ivay apply; to ,a g .uen-use, the more specific description shall determine if a use is allov6d, or prohibited. IV-2 - - -309----- - ATTA Item 13. - Page 167 itesi ist:te=:Regati'ois: sna glade =-. ::LeMoc�dee -as; - `tt oxagly 16 tecf b .tle In SP Bomrd:of St t� sc� Tp1 i1,WOO:, N ? �>�� �a Or Sectiom4.3 the Su>r�set Beath " P eedf aproveY b o Specific Plan SupeXV asars or thBi *Coiaaott n# o Amendments, AF AM 7� 5 asitd tb �aeGcaastal Ps gyros -. pg.55 s� rded to the Sunsek 1 �evrcthe� ector, MA,. Least t'aenty doe {231 days prior taaEt$onby Le1uiai - CO�15Sian � 5. $atafc Coat HYghway, ,as 3[-passes the the. Se�utset �each' In SP 5peca€ e P,tset 1s ::des3gnatec�_: .Scenic Hgsy ; - - section 3.2 Genera{- 6 A11�--legal- esidentaal ,ouild stg sites fn� isteac o the d�ite of Provisions, in3taal adoptaQn by the Board of Supsso�sy ,ofrth ° se Beeh pg.27,with I, Y ons liarch 3tf,=:3983� sh be permitted a�= ) c�oe intg Of`ts per modifications site. Nor building sf es elate byt aazt fry pe ` 'tst consolidation, or any,other legal eethod.ere a] o lfnttl to !0 (2) suelYng of is per bi3ding :size;: e�ccegE an Cehera Ya, ison,Number ? bo : 7. Bxcept as noted in a and iz b:. b4_10 existangF a,}le bitfld ng sites still not .be subdivided is a "mangler that vc'- cxeatie- more parcels thaii the otig-ibal somber Not included in SP.ThesP a. Lot 7, Block IM, Sunset .Beach Tract, and that portion of vacated lots are no Pacific Coast Highway.(portion of:A No. 1?8=54i 13, map =be longer in suwivi$ed Muth trio .(2);,to-ts." One=Cott;shall laves Minims existence as width of 30 feet_and'=shall<.be peznitted.t;tao (2T-:dx;elling units. parcel maps The second lot shall be pesa3tted two (2)- dif,411ing units. have been recorded b. tot 91 31ock`10$T Suas.et:Seach Tract':and`-that portion of vacated patif-iC Coast $ighvay {'AP Ido. 278=542=15).:Way-',be subrl3vided -into (2) approximately equally sized lots_, and- shall be permitted tvo (2)" d1]irig, units:;on: lot:. . 8. All building :sites_ shall- comply-V1th:,ihe.=:ptovisiorts .o.f:Zoning Code Section 7-R-126, Budding, 5i'te- kequi a its.: 9. Due to the high groundwater- conch-tions,-onZy�-d- inage tl t is, required by-Orange faculty Codes and Urd3nanc+e suslh.as tte Building +wade, "flea]th and".:Safst}► Code., and the='ogeixnances of Lhe Sisnsret Beach In SP Sanitary .D3`strrat, h3 sl be ;drained rots that Sunset : ch Sani"Laxy Section 3.2 System lines. All o fier drainage, sins,aa' rain waEer9r irrigation General ;;rater ='and other on=site drainnage:shall.drain:-ta ; ;public street or Provisions, public store-drainage<system.: All development sball -meet the pp-26-27 provisions of this reguirek"t. 14. 2e>aporary sgeciaa _;community::-events, -such as;-parad"j .-p.agean.ts, conazauni°ty- fairs,_ a"tt UtAc con_tests-;; carnivals, and .other similar >aay be penalt"tedl in: ny-.:area in the Sunset -Beach .Special I6-3 Item 13® ® Page 168 -310- A TTACHME-N­` NQ.--&.C,P --.. -- mad � o �abyep � y o .n .'� fCtte � writ Qft �offhe.:ie ter .z , ,it 1lre �+ e deceete e� i � � ci . € x ��fi�ese � oders # feat � d�aay4t# r st010"eet ends shell � t ope>rtaadfreet alt `' ontaesfdsteet ends In sP upeni;dg o11t; t$ l `. Section 32a t2 pbesdmded t $VCh ti9t>al ►ubic. piig d+e oil olitd>ant-$ not etsnd beyond General s Provisions, thexea> proffer o � Boat= private grOpeft ;� PP.27-28 12: Pit ='Ia3ids.:and=:past fN,�regsse :'far'tie-e:deelopi >i, of -new dellang Waits sTiall b!e in compliance {Math all applicable t kekdatl o te� P; df e Section :seq. of the. �ra><g� Conititq Codif3ei� Or�i>ianee:.' 13 U *b �3 i sitQ awi't3ng Pacific Dasx , sal be required to provide a corner ctit o .of seventeen �17) feet pzor to the issuance of y >utilding pezmxts unless othgrvise koeided :for by an apposed: Coastal-=;1?eve�opi�ent Pezm3;t.• 14. CoastalDDevelopment_ Permits shall:.be, processed per Sections 7-9-118 and 7-9-150- of the (?range County Zoning Code. IS. ` Permstted 'uses �iehia:the Coastal Zone:Soundary ate: sub3get to appeal to the Ca3.iforriiI Coastal :Goms�3ssso -per ectiou 7-9-T18..6(g 6f:"t;rie aoazng.:.Gode- on. the_following basis::. A. Principal permitted uses only if- VkWn the .appeal jurisdiction area= .shorn:omm the`>-Post LCP .Certificat an ?dap (Figure 14), b. Other permitted uses within all areas within the Coastal Zone. 16. Except-for_a.variance;:=a.:Caastal'Development Yera%t stay be filed in lieu of any other, pew pelily f t: In SP Section 4.2 17. A11 d scret on-a y-permi-ts shall be;:ptoeessed .pgr :$pgt,aan 7-;9-15D of Methods and the'0kanme., ty ' tiiti � Procedures, tiff;"ode )aireetor P.2ia shell fo�rvard• all PP-53-54 discret�ionary� permit _applicatioz to�#tie 5unset� B+gach i,CP Rev rev IBoaid for; review and.x'eomme t at.least..:.tvonty-oaQca7ten iar logs pros to :finial:=acts on, by the approving::authority, x ',_changes to flood plans or.°site plans°°=aasaciated, with the discretionary per= sbal]-:be .resubm tted to, the`l ie 4 loard;1*13or-..tt final scti,' by the County. 28. Certificates of>Use and-0ceupa;%ioy _shall>_.t ;process.. -=:,per Section -9-15 of the>Orange.:counL3r Zonng bode. ct�py::a�f`all Certificates of-Use and Occupancy assued shall be sent by the Director, ENA to the Sunset Beach 14P Reviev Board for their records. Iw--4- --- !tem.13® a Pie 19 i9ei-tarfcae cl tJse;anr 43ccpanE t.Pet fr, ar use bf putilicrope�rties "shall tie forwarded to the " Board insP Section 4.2 f'oic to rrifortfo#rlt `thr (ldays of issuance.; Methods and ld Yags t Is ch a change of pus tuts in incr edk"off--street Procedures, ipg iegiremerit sAa11 req "re .t Gertitfe ofjtse- and pg. Ot:cupand Zi'. All Ya fttl. nipnton€ormsng usi s and statures 'srej subf4ct to $echo).. 7 9 151: NonconformYng. Uses o the �rar t oitntp;..ZooiaZ Vie. eaccegt as dthei-uise note& these regtiYat.ions 22. Required s.treet aszd hjt#vag 'dedication and Improvements per Secti In SP 7- I of the Orate Cauatq Zoning Code s�21„not be_applicable Section 3.2 to the Sasin P area except for those properties abutting Pacific, circulation, Coa%s t $i:g)iHa - 28 g. D. STRICT- �- �_� OHS 1. SUNSBT. BRAaa REgIDSNT'IAL (SBR) a. Puioose and Intent The Sunset Beach Residential (SBIt) District,.is;intended to provide the re$*!atioas which vili permit the establishment and maintenance of high dens=ty: residett=a1.,aeaghbvrhoods It is-;intended that each resadential'structure t>e snsipenceat from adjozaing property by setbacks (nYq those uses-tiihichFare coiapleentarq to and can exist in fioi=m iiaq=�i,tb..thi'- residential. uses"are permitted. b. Principal_Permitted°Uses- The following principal permitted uses are permitted subject to the -approval of a Coastal Developmenx Permit by the Planning Comtiission: 1) Duplex dvelliho - In SP 2 S "le=Entail dvelli- s and s' le.,famil mobile homes Section 3.3 on y Pam' Regulations, Zoning Code Section 7-9-149. pg.30 3) community-care facilities serving tvelve (12) persons or less peir`= Zoning'code Section"7-9-T41. 4) Residential condominium, stock-cooperative, and community apertuent projects. 5) Residential Condominium conversions per Zoning Code Section 7�-9--147 except no Use Permit viTl be required. 6) A'd"ditroiss to lawfiul-.nonconforming residential uses. SEC. 7A"151'(c) of the Orange county:.Zoning Code is not applicable to additions. Additions must comply with all applicable devadoment oiaadaids. IV-5 Item 13. - Page 17® ---- - - -312- M , 6.(.ell E1teaeraittedgs Sab�ct`tifi�oa1 �Defitg .� tile. P a ?lg, o lisszaa Coastal de l+�pl�ent pe �rti s €", 404 7i ffl2iow3 �'}: CoID6t1133it3f Y�CteB;t�.QA: c'EI1L2r. : , ) omiuni'ty seicecritcix 3 . 00tiatq. facility. 41 Fi=ti As t$cks`. . ..... 5) Parks and playgrdUnds .r(aotl-comers al).::-.>- 6) Public service facilities. In SP Section 3.3 d. Accessory Uses Permitted. - - Regulations, pp. 3d-31 .acee"gX7 uses, and structures.are permi;tted-_, vhen,gust arfly Note: associated vith,and subordinate to a permitted priizciga2 use on the Section on Same- tildia '`ste: standards for accessory 1} Peaces and`Wills-,pex Zc»ng Code;Section;..? 137, except as uses added i$odifie_k by' the special set olp't-An'Di.1 t,3}e) to SP as (Bu3ldaa� sxtos'�b vvq*;-Paci c iast dI-Af iay.And, he.. Sunset Section Chai�nei=and..those;.buiidiag-s%t+'s;;.from.t n& on dark.Avenue) acid 3.3.7, D.1.f.3)d) {Building., sites .beti�eerr Bay view D 4", .a 4 Sunset pp.50-51 Channel) ..of the site Development.-Standards -in these Residential and Section Regulations. on fences and walls 2) =Garages and/or carports ,per.Section E. added as Section 3) Home occupations per Zoning Code,-`Section 74-146.6 3.3.5, pp.46-47. Language 4) taancomraer ca3..keeping:.;of,pets.and .animals per,Zoning Code for the Section T=§-1d6..3. Sections is from the 5} Fools i.-spas -pe: Zoning Code Section 7 1- .137, excegt due to county of the Ii>aited sewerage capacity-, nu :such sWimmir4 pool ®r spa of Orange over 1000 'gallons shall be connected to,, or drained into, the Zoning public sever sysie*:, Code,which is currently 6) Signs per -Section F, except business signs vhi¢h are prohibited. applicable to Sunset 7) Te3x32isr-tourts. Beach. 8) De.tiched. accessory buiildings. ; u_ compliance with the setbacks for maa buildings." - IT-6 - --- TT ` Item 13. - Page 171 e. Prohibited`Uses." 2) Thei,storage of vehiclkesj eq _t, related- to. 4, _com r UA._dd, i ty'.care. ,t facilities serving,more #04 :w . f. Sfte t,DOvelopmen" S ,1A The bst*U operation,aAam I' c e of thd, P bi�- {these d! _ttieV regulat ions shaft be in comp, 4 anee id e " f6lloving:_ 1) Building Height Three stories and, not more than,'Wrty five ,0�toit: mail_ t rontage t4 the- minimum f met far; structures"in 'i--M- -ihii I iwtr or 'bottom elevation (tiiie,2 ,r, 0 ttres outside -,r strut to in SP Such attics, Vl,- in, CiAiae, nezzani-tes-', patio roof th, ceiling Section 3.3 Heights over Sit (6)' t Regulations, pp.31-32 2)_ Bottow,gievatibn - for structures outside the jT-3 District, the finished .floor elevation for nwev c -be a- Mininum'Of two (2) feet,above,Ybe centerline 6f the frontage st tee V-or ;trio (7) "feet aboVie the'hi er, tot- curb elevatf-On vi--the property Oh the*40"�c4ev& is :grmater, ap i cant-:dab prove., using iled' ydr6l- d 1c, and hydraulic -,g detailed h g cAcula-tion, that ih-e proposed finft2* €locrelevatzlon Is protected :,from beihg floo;d4d from ;L-­< 00-ryepx, flood- it a"manner. approval -of w4itifig the th-ef,-Maba&ril." w4vision. Thos'e building sites abutting the Sunset Beach Vatervays bistricti, Biy Viev Drive, or ParkA Ue - 1 nave the _ I additional,-,requirement that the fini I s sb*1 hed Boor elevation also be set, at a M inimium of tvo (1) feet above the bulkhead elevation. 3) Setbacks,. FrcnA.--setb0*s ,s,hal1 be. measured -frps-the.,ultinate right-of-vay line'. IV-7 ATT A(_,HAE` F NQ Jt, Item 13. ® Page 172 -314- IRT - - a) Beerh Foe it Bold Ses' , =n ,r ra�nte `' sore x, & -.bcr., - 6 ?es agape lwry _ "- Y'.. - . Side setbacks .a.��acent Fx es f Ysg em:00 to streets and aeys x� iErtlztt b gs ver+ 3 fit is refired - Side: ssetbacks:.adjacent .F _ :f± tax;in, 111 i to other xildtng s tes See '=9= of a Orat e < ,; ?oaes Sao tE apiaile ece4 forees pr�svfding�acces�=on' ground floor. R setback ;CQn�the goon- regtiicrei3 8i 2d' ig Silet -bet'een ATortk Pacific eve:. at d Pacific Coast In SP i-A Section 3.3 Regulations, Front'setback (street) 5 Beet on ground floor, pg.32 6 inches above ground floor. Sid setbacks adjacent 3 lit'on,ground floor except in fronrt;:off.:garages why- 5 fit "xs reqU ed: S=°in-hies;:above ground. floor. Side ietbadm- adjacent 3 ;feeF_.a11=.floors -- af2fe :vitas Secs,7-1 -328-01 the orange County Zoning bode is �%vt=.applcaile except for decks providing access on ground,:fldor: Rear setback 5 feet on ground floor., 6 inches:above ground floor. c): and the &inset Channel and those building sites fronting on Park Ave., PC8 and abutting the Channel IV_8 -�,��� ATTA °Item 130 0 Page 173 ftb#v settiarck "s:trt _ 5 fin, ea aisae otitnd il >s. : s Sdsetbacks adjacent to eiesfloorscrt 3�e :street"and a Ieys: from gges �- fee' is r"N,&' Srde set�tacks- adact to. 3 feet all Moots -= otker vu in sites Sec. 7:: 1? ,of the Orang�a CoUAtY Zulm-nMi dodo:,<< ;not' fc a except for i)AS oit0:access :oa grvd f1?caor Rear-.set ack (channel} 1Q feaet�from bt-M -ad or rear _.3.. Pr490 :lAe9: vhich+�ver is ino�=r�s"ti "et" ve o� t €loop feet above :goon ,floor. . See :Sectiop- 30: --(Sunset-_Beach-.- at+ervags) :.for" dock-, gray, and landing criteria. In SP No--:structure.higher than twelve- (12) Indies frog"top" of the Section 3.3 bulkhead shall be peiiitted in tie rea red rear setback Regulations, except for a five:.(5):,":.footsecury feace .of open weave pp. 32-33 =Ijbt to a iidkikuji of tjftt:rt3i-Ave percent (35%) opaque shall be measuresi.-fto the top of the concrete bond beam of. the existing bulkhead. d-) Building Sites betveen.Bay" view,_Drive and Sunset Channel Front setback (street) 5 feet ground floor, 6" inches above ground floor. Side setbacks adjacent to b inches all, floor except in streets "and alleys t pf garages vhare 3 feet is required. Side setbacks adjacent to 3 feet all floors -- other,building sites- Sec_. 7-9-128 of the Orange County Zoning Code is net appl cable- except for decks providing access on the ground floor. IV-9 Ite 13. - Page 174 - 316- - �� � r sEtbacit.:_.�Chan�t8��.. � T3� k" Oil « ¢ r EA �". ING ,tom * .. a lcony : madte . feet ita� "the treat ffi�t�$ar.�. _ a"u ' € atA t"e regtr+ . - =.- �i3 `s�tcit Sea 53:oa.3d (Sunse:t:Beaci`; ateraays for -dark; .gangay.; and finding criteria. 33a,structure; higher- than-twelve (12) inches fro>a to of the bi>I�ec be pieai>tect 3n t2ie a'equred_ rear setback 'for 0 fieo (5} foray situr ity _fenca:of op ai weave: d. to a. 1D$"A�t319 of tth- €iVe (°3�) pea cent OPO-44e 'sliteght shad be_meastuud from ,the top of the cosicree =_W-of the existing .i l�. In SP - e) $u ldin `S t'es=bet een r=V .D See=_anti: intrepid Lam Section 3.3 - Regulations, Front setback (Bay Bier) 3 _feet. group4 floor, PP. 33-34 6--1A&es=above ground floor. Side setbacks.adjacent to -6 inches all floors streets and `lleys exteOt:.,in. fiont of. garages vhere'`1.1ee.t is :required. Side s,,etbacks adjacent to 3 feet. an floors -- o'a bu ]d a g sites' Sece'._T-9-T26 "of the orange County. ,Zoning Code Is not apji cabl except for deeps providing access on the ground floor-. Rear'setback (Intrepid-J:snt) 5 -€de:t .all floors except that an open balcony .deck on the. second or third floor to 6r-:°ih6it from property 4) ripen Areas. Nets residential units within areas b) and e) above shall include a minimum of ninety (90) square feet of open area by providing for 1) rooftop patios, 2) balconies or decks And/otc 9) ,ground floor yards exclusive of required setback areas. -Any such open area must have a mii *um dionsion of four (b) 'feet six (6) inches, shall be contiguous to the living area, and shall not face onto any adjoining lot. IV-10 -317- - � ,.r�o," Item 13. - Pa e175 5) . build fug F]aw sh uA46t,A fiwtihtoag ,.a i Df PPas) thirty_(30) gallon trash can pez deli eta Ts s3_ e coACeBled from ptl}ille'"it �e l 6) :O€€-street ,pa long shall bW 2n coufor ce vft� Sectxozs � �sf �'4��u�aset In SP Beach Land iwgtgst3atioos �dd�44 ift p it �g s ��a�o� � r 2�� Section 3.3 `when additions, -not exceeding lift f" Pctr the £ltrdr nra. of Regulations, ithe total structures are,- to VftzY y nonroa#t� q n $id txa Pg.34 uses. , IA A] roof structures; suhas: air condtio n ateig a ent or other roof taounteci apgusten an�esx sl r een F f VD Ie �d=s V shall. not exceed th+e ogerall tfiirty:.five t3 . fbot he2g131 limst,. except chifteys and o#ber'veatilatzon=struetstres not .tb a¢d #d all exec, dimensions of tv'o- (2) feet by=tiro E fit per }uet and` t;tt ,e�ccet the. height of the btii.lding by mo=e than ten: (I0) pe�teta,t. - 8) Sec. 7-9-125.1. Required strut and. higiiaay dedication and improvements In SP of the Orange county Zoning .Code shall: not be applsble to tha y SBSB!_I,CP Section 3.2 area except for those ro sties abutt Pacific Coast Hi. " Circulation, F F Fe b = pg.28 2. Sunset Beach Tourist (SETZ a, Purpose and Intent 'The Sunset Beach Tourist (SET)_ .District is intended .to- provide the regulations irhhich =sri17 permrix the.estab4ish_ment:,: operatiou sad_. maintenance of a commercial area .that will supply, the needs of..toearrsts, visitors, and the local tom mm nity. Ntienever the occupancy br use.of-any premise-'is ekanged,t4:a di fterat use or the existing use is altered; enlarged, expanded pr:4!itens parking to meet the requirements of this section shall be progitlid far the new use or occupancy. this provision.:shai}._pot;_apply,;to. the.. In SP addition of rooms or other alterations to lawful nonconforming Section3.3 residential dyellinp in a commercial zone vhich-do,-no_t increase- the Regulations, total floor area more than fifty (5(1} ,percent, pp. 34-35 As an aid in determining the akount of intensification occurring since 19$5, the document prepared by the LGP Board on Noueaber 9, 1985.,, IDEMPICATION OF PBOMMY ZONED COHIMCIAL ALONG PACZPIG COAST BRAY IN t6ISk'BEaCH'; shall be-used- as-"a refer:.ence,doement. b. Principal Permitted Uses Thle folloving principal permitted uses are subject to the approval of a Coastal Development Permit by theL Planning: Combi:ssion. IV-I1 Item 13. v Page 176 -318- - ITT C, ME I _ ,tea 5 ---- - - 2) Automobile ;sesysce stations stibect tp tS2te_ 2V _ t eu s_tandaFds„ of Zoning„Code Senn 7: lt4i°.. 3) Bars, a�YSh� rlulis a�id�rockta� iou�ges -. s)Eiop-=or ba 5), Parks and s. 6) Istazraits `= rrer ;ris. and=°: as €oa ;' tblishe :s>' 7} Otae ' retail aid service �e�.iess:;: ssac3atkl _tit�i. ilia. needs"off tourists, vfstors, as►d the: loc�3 >com�nity;. $.). Hotels,; motels. 9 T3ffie-sure projecs. 10) Commercial boat docks. In SIP Section 3.3 11) Bed and breakfast. Regulations, pp.35-36 c. Other Permitted Uses Other perms tted' uses subject to-a Coastal Development Permit by,the Planning Coikiss bb. Coastal Development Permits for the following are- subject to appeal to the California-°`Cooastal Commission pursUmt to- Section 7-9-118:6(g) of the orange County Zoifing.Code. 1) Civic and goverment uses. 2) Community facili.ty- 3) Public/private utility buildings and structures. 4) Res dential Uses: a) Located above the first floor- of a::Principal P.ergiLted..tJse, b) Parking for both the primary coemerci 1 uses,,aud, the idential use conforms to Section E of these regblatwi�ons. c) Such residential use, shall not exrteed-fifty ereen:t-of the gross sgVare footage of the entire structure. IV-12 -379- ----ATT Item 13. - Page 177 3 r s Iee axed. b' $ P f sa 1, o�i)t S be• a 9Ved e}' nt�cessoy. Dses pe�rmitlec� _ ccessorp'uses andtrutogs are tte „when rtcus ® ii► associated. v th and su rrifit to tb> pez fitted pxiiid3pa use, on fae, same :huiidng x "VI sarc3 -STId=C 025ES?--per=_SeCt 90 2) Fences and �l pe yZoieing, Code:Section- 7-9-237. 4) Outdoor dining areas. 5) Signs per Section:;.-F: f. `Addi;tians to., 1wifu1-nondohform ng-_rem � aat ai:.uses are perffii,tted In SP if their cost does not :exdeed fifty (50�?' percent of the market Section 3.3 value af' the residential its Regulations, g. Prohibited Uses:- pg.36 2) An uses'not permitted above are:-pr9hib ted. 2) Vholesale businesses.. 3) outdoor advertising signs. _ 4) Sale of food or beverages. from::vehicles_:ar .push carts. 5) RireVork sales. 6) 1dat entertainment .bus messes per see-t on;.7-9-146.3 of the Zoning ,Gode: 7) All T-ezporary_Us*s.vhether under;:cover,Dr. in the open, except as provided' in e. move .and in General Paovision No. 10. h. Site Develop neu_t Standards T ae establisbwent; operation, and ;ka ntenance; of the uses peia tted b this. regulation° shall be in_ cdaapliance.with" the following provisions: 1) Building height - tbirty-five (35) feet maximum as measured from _the minimum bottom elevation (see 2 below). IV-13 e t �: .. �) ,Bo�ta� �ev�,at���;n- �; "��zaxso,� >e�e ;��� co t + �cio2d atns rt t Y a�ovali 'c�eri�eaf' i _T lie rPr st b � e the higbes€ lser�meteac eort�o theipr+aPl' chr$r is gt .he t unless t ap l�cz t 4h It, tat2 . hy71- drologic an hydraa tic ca ` , tit € p� raed, £aas flcib elevation. p=otactit�n "fo burg fed a� aa�snaeet €I .:aprtval +�f • 'ttiL-�3ge�, �Suhdi�fs�oin=: -- .,., v, �-. 90 TEosebui� - :a tn -the- �ie5B ach :Werways" IhstriGt shall. is a the additional:requiremew- Jay the finished Boor e'evatign also he set at a.aii mu -of two (2) fast` aov€ tf 'buliii:_elevaton ::;'. - _3a_ 5etbacksl Earcept as noted "in a)z, b:);:be-1 r-:there,=shall be nc required setbacks in the S bs*,t; Beach Tourist District. a) A three". (3.) _foot setback is required .for all structures In SP adjaeent ta:`SBR .zaiied`;grboperties:: Section 3.3 Regulations, b) Service` s.tattions:per. Section'-7"9-114 of--tile .mining: Code. PP.36-37 4) All roof staructures, such as air.-conditian1mg units, elevator equipment or other roof mounted appurtenances, shall be screened from view and sha1:1 .not exceed:,the overall. thirty-five (35) foot height limit, except chimneys, and other-ventildtxon stm-ta res ;not to im vidwilly.excced dimensions of two (2) feet by two (2) 'feet per flue andnot to exceed the height of the building by- more then ten (10) percent. 5) All lighting, both exterior and interior, shall be designed and located to confine direct,, rays to the building. site: 5) All storage in cartons, containers or .trash'bins shall be enclosed, and .shielded from vi"ev within a building or by a fende'—, no feet- in height- If unroofed, trash "bins shall have lids. - 7)' Of -street° pArking. Per Section.,R,hexOn. 1. Lavful nonconforming residential use of property*. Should any ekisting lavful nonconforming residential use presently on property"zoned-commexcial be destroyed by fire, natural d-isastex, war or act o#`God, sick►"aiay"ie rebn "it providing it conforms the-, provisions of` the residential -uses and standards, contained in the SBR,District. I@-14 - -321- - TT Item 13. - Page 17 Pit"x a<. Purpose'--- At e Ptiliac Pacr3iies Distrsct; iaclu$ing the Beach Area { B } Parking w Fac - ty oti) .and at'en"s ( -zones i 4A.a,to p4cO w-; �e rlkgulatf im � i�ili percixt ;the es.tablYsl�meat and ma�rrtenance of comunr services In ko cot ibnis vhxr)t41 rZbesezv3ce Ei =peso b Sunset �ear;Ii, It is iuiertded tl►at these edmity; fatilit�es public:;parking �ac .liXses ani�ianii s�at�rvays,:. .. . _ �-„ z y - - b. Satset each`Beach Area :(SBB:)' 1) To protect beaenfro v�resideaces and aaintain both public and. private ocean viers ar�d access siiii to preserve the un�_4ue pudic irec=eatY`r ns3 r srac er af_5unse Beach,..t e.exi Ling;tea -;and sand area shall'!. be maiatained .in 'tier present fora.. 2) Thy Meaty':seven {2�) exzsig}publiie,-access points tc t33e Yeacl ., - delfneatecl° 1h the-Si>aset Beach l" Use plow"sh�i bc:xetained. and maintained in i Miainher proeoting their 'use by=foie:gf*er_ ic. In SP Section 3.3 3) From the ocean front, property line_to the ocean there­shall. be no Regulations, roadway, bike path, hiking trail or parking facility. pp.37-38 4) Permanent above-ground structures on the beach and sand areas shall be' pr''oh bited, eXeept for: a) Lifeguard towers. b) tither facilities necessary for public safety.- c) Temporary uses and structures -accessory to residential develop"menu on contiguous SBR properties, subject :ta a .Coastal ^Deve3opment Peraz`t and'`a Public"'Proper-ter Encroac~iisent=-,Parait. 5) Fire rings or any other-fires on.the:%beach= shall :be: p(ohibited. 6) There shall be no advertising' of-any nature, on the beach and sand areas. 7) No governmental or private agency shalX construct, ar cause. to be constructed'any structure° including >but not-limited- to.lef ties, groins, berks; etc:,::flint maq a)tQr::natural shoreline:professes such as Vane action, channel depth or. general beach configuration except when such protective structures are required to protect existing structures or public beaches in 'danger from erosion. V-15 Item 13. - Page 180 -322- I� � _ � � .�(o."?9 8) Temparaty recreational fare li : Ps €6 .: t pitted subj -t to aka ee1x r. Permits »ivision. Such ;facfltses sitcY _' several►-fige f.73 feat frJ ra'sideutial .I�o t't3ts `.facitq is direr } fn fez o Lhe pro ' f ne enrs�aclimarrL C. St172 £t= 3L ;. 1 Parkii cpnxol sha b y 3ar k as adopted by the Board of se rviso�c� . �4 _ Z) The present general cb#jguratioA ands: ac3l :t es sha l;_yb ,seta ne . _ t_ . g .. .. facli;t. S g Tlttere- shall be nc;:ovexhea ::ct_ wader q ,. pa q There- shall be rioo parIcfng meters orR,ot?rer:a�echauca pari coartro2 In SP devices. Section 3.3 Regulations, 5) The £otuit), shall consult with Ahe SuaseL. Bear r.1 It vi , BOBkd for PP.38-39 rcommendat}or before any facflitaes are,C br expancd ,or additidAal signs installed: 6-) There shall be no .advertising of any nature. d. Sunset Beach Vaterxays (,SBV) 1) For greater use by the general public, all ;channels„aad public Vaterways in existence as of February Z, I955 (cir'vl% ch date, by Resolution 65-1I1, the Orange County Board.of,;Siigervisors established the channel vid--ths) shall be:m; ntsined and operated as public vateraays, _..subje if # ed aa5t Ordinances and. Codes governing County vatertaars They `sRaI1 be properly' bakheaded to p e,:Yent erosion and rest-1taii, land filling, a3iti dredged to mantas n: navigable-tiefrtb and regeted to.prevent iiaped idh of:"chwnmel,"rravigat> oa (0#jAes�l}�*3�r bons 2 2-63 and 2 Z=65 of "the .fie Gouritq Codifiedl.�rdmer�cesS': A11 navigable channels; stial3 be;Ittaitli and i a n e ned a e.;,:presek a.h, :nQ v,. _. part of the channels shall be filled-, and no be allowed...exeept for. bulkheads; ,.gangVa, s,, -and. docks as provided in item number 2 belov. 2) In addition to :a.Ccsastal:Develop ent• Y,e t t_Afgom.wthe State,.__a Fublie roperty Encroe¢h�ient ;Perarit ,-(ehtroachment pexit) zs required for all es€ sting and gi aposed bulkheads,, ga rafts and do . Xi t r, the Sunset Beach Waterways. Bullheads ,>n'ot.6rittr #r .the S17 11 .rewire IV-16 e323-- - -- - - Item ale 181 ev: ce of So pnd tons rucx bfi (bxii2din penart} ,E r frith tie.. a" is 4on for an encroachmept permit� a clt and s OR euts The right to said pert s 3a21 bit Ott to the. pxbperty and, run eft) the shkp o t biilltheadIT utage. A part of t�=encroachmemt permf t appl%atiazz r'31 'ess, a - » Bete � na:ti�on will bo made €or ex�atiag fa�c;�=l1�es;��fp �he0er : t) y xare ink a state of a repakr of a ste of ' r�epa3 eks tti" xnadc� ate flow resat �n paittialubso sfia - : �. k , T. li tin�9 br�tkea og aAapproprf terfa nadega at s marts_or>kmpxoF fasteiti devises {suc3[& as F1, and k e dl 8Y11�unsafw +electrical ICk s�ta3 x(ie t!s st�iYe of di sre}air All eisi _ does k • vt3l requi re- an encroacheent permlt`,.aii he brong #nto ; sfaf o good rep thin two (2}- years of °.the adopaoi�:Ff t dated Atgitst 31�.:15►�3 All applications for an; encroachment Peimir, shmll--be subffiiited to t� Sunset- Beach LCP Board #or their reyiesr and z<ecom>nei%dations prior to issuance of said pert. - a In SP Section 3.3 3) To provide greater public use -.of Sunset.. aan-eY-froffiy��th tireet-- to Regulations, the northwest end of the charnel �,, the chapel=vne oaclment- .I:ape pp.39-40 shall be twenty (20) feet measured from bulkhead face {Sea figures 12 and 13). Side setbacks for docks; s ,—'e tiwb (2�, .fleet froffi each property lane. This provision is intended to repZaee ;t#ee pier lies set in Hrange County ;Board- of Suipervisors Resolution 6 =112 No deck or. structure shall -extend over_.or- in:_front o€ tfie bull itn any channel, ":except a four (4), foo.t_.by.=;,;five (5) foot a-angling or brow shall be permitted to extend past the .bulkhead .for,.access- 'to. a gangway to docks. 4) To provide maximum public use of i laud'vaiterways in�;the"`channels ruaning;'at ninety (90) degrees .to Pacific :Coast:. Highwajr, the' ,channel encroa&ment line shall-be forty (40" feii-As measured,-,fro*_1ot ` property lines. existing- prior t'o JO*40 , 1965;(aee Prgu 12). 5) All bulkheads`', gangways,, and docks encroaeh%ag on public uaEers�ays shall be maintained in a state of good repair at=alltYeese` Failure to repair, upon written. not'i:ce of'Diredtbr, M%, -sna31-z,be ca se for revocation of encroachhent per>ait .(Sect.io 2= = 1 (5),--,C Ified Ordinances), 6) All encroachment permits are subject to inspection oy.Director, £1SA or designee or Sheriff's Harbor Patrol 7) To meet visitor serving needs, the.11th Sheet public beach- .shall be retained in,_ is present general configuration,- or if,: reeonf gured, shall provide equivalent recreational opporturii ties ;and shall be IV-17 Item 13. - Page 182 - -324- -ATTACHMENT NO. CHANNEL 44NF I TA,,,17 1' }cam RIV =LF=' d k, a�✓ ,r �.._.. . PACIFIC COAST MlCl=9�4t LEGEND _ -� OEM= 40 Ch6nnb..l'.,Enc-ro,6chMent Area o d t SGALF 3 Z0 hatinal-Encroach neat Area PERM�T° x ; 10 CD A w.�a�eae,L,ytoNduar�cer.K+� oP�±l � ; �. . 9 4� s A� Z, 4 F. PA"MAD 'or In SP Section 3.3 t Regulations, AREA j Exhibit 3.3,pg.42 C FA CE-R_OF Z CHANNEL N=: Diziensidvt ehbvn,-.are,max i—I..416va-blt- f0i 12II 31$ an&en,croa t, Area amA'uin1== allawable: for side setback from each property. I:Lue.- This Ar4vin& Is presented as z"eral criteria, for the installation' of dock facilities and sball not be used in lieu of plans and specifications. Fjfflxe 13 Item 13. ® Page 184 -326- --ATTACHMENT NO. - �0,�S_3 propeFly. ;maxnaned: S1 beseh m ad , t. --the 1jtb street saddo7 �e90 rproaxde i or, >nechanf cal la�chi gqu�p>aeat. Iar a�coxdar�ce >x3�th Sec�sbti •Z-2-47 o the ©unto'.. f ar ± c fib tkina#c flae aie�tg: of fihas is sped call i r ahx at a11. utt er p�tii lic,Iy .bwrted ptop nits In SP adjacent to "Siefixx' Section 3.3 f Regulations, vessel t-baA a pg.40 res de rre if pro fixed frz s o+e fa 3lAefi"' bt mooning 9) residences is pQzs�xttedisotded t�t dne girt �.f�t - eighteenfoot o€f-sheet pare• space is provided< for. each boat. for" uhich mooring space as 4. Floodplain District° (P.T1, In Specific Plan Zonate Code SecL#oa. •7-9�-t��,13, Floodpisin.f st;r ct Re iat3gns, and the Section 3.3 Coastal Flood Piaui 3fev pMeA Study "as amended: are hesebp fncorparated Regulations, into file Stusset Beach Sp ' It P3nn " .- sha 1 be apg Ca fie gas pg.51 designated._�y the laaii are lat ors:- p,-6r sectional district map except that:.second- and th x, -story add tsons. are" permit if their cost does not eirceed fifty (50) percent of the market value of -the residential structure. E. 'q�snw PAW=�Uounbtggnb Off=street parking regulations, including_m3nrmu z,�arking- "stalls- required, shall be pzovidad.-in ,compliance �at3i .Section_ 7 9-145 of the Orange County Zoningelccept- ;that i 1. Residential In SP ` a. Parking stall size for residde t al- uses shall be a minimum of nine Section 3.3 9 feet 8 Regulations, } by a bteen 18)� feet, whet-her. _the stall is covered'or uncovered pg.43 Note:Bicycle b. One half of the tequ3red parking-may be tandem for residential lots parking having less than forty-six "(46) 144t of street frontage. requirements, per ZSO, 2. All other- Permitted uses added to this section in SP_ a. No otaner or tenant. s3iarl. lease,°,:rent or,otberwse make available to intended, users any-.of f-stre'efi patici.Pg spates required by this article. IV-18 -- -327--__ Item 13. - Page 185 of£irxons to t]se afi� fir <tdard . ?�*x,n n. . Coastal;Dev_elopeu .:fiat»; _ - .. re ba o : .uI .o c.. Fark£ug.stalsfor=epercia) uses Br i . streets shah $e Ffb>red, except mere they presently e $f In `A�uior a VW!1W A#V e�$Ung atrztctux ,�C parki �sa <e to;a Co$staex>~eat Pe Pnoalterafo sir± deta those that 1 a, o "N tr i � za e sntens3Lp of use and, ) do not. iacrase f2e exist�n . d { o:a• � tes it theoft-str t kf ec_ fa e op :n : fctites "b Tocatoit st non-cowgau 6tt# i s .ts suidj ect La sera o that vote guatanfee t13,a r continuous ma3nt ice fors tlfe tISeS serve9 Noa- ontiguaus ii A, in ss€es sliiul2.:be vita foot.hundred„seennty �47fl : feet of tht= sire "of cite' vs'+ tei serve - ee Up to fifty (50) percent of #re. re 'arlkl4 for com a uses may beet Size, et ( feel by1 �6 - Z). In SP Section 3.3 €eet, St -becf to s CaaYal Deareiopmett-t PerYt gtt#nt �etitz ! Regulations, or°:ex� f fbr conpaor space-s al k e no ,closer ttisn t� ."y Pp.43 44 from tlie" ultoafe rgbC�of�va$ st tize street opening., . f. 1001 y aeeessways:shill cave a-minimum vIdth of. fourteen (14� ,.feet unless 1t is"a ff a lane'"phi requires a minit�um of twenty (20) feet. g. Two-day Jaccessvays shall -have a minimum width of tventy-four (24) feet. h. The'paint of exit:or °enfry f=o�i-airy off-street parking space, excels rompa`t; "-may )ie at , ul diate riglii-of-may to a street opeaing. I. Aisle width requir6me_t of'Secilon 7-9-145.,5 of the Orange Gouaty Zing Code. shall prevail- except that fine-way aisles trfth parallel parking on one or both sides shall be a p nimum. of t4elve--(12) feet j. ' =par arty (40) percefi-v of the.requf red.parking spaces} may t e lrxng subJett to: a Coastal De9eicipmaeAt. Perix- k. Subject to"a• eoaSta =Develapniet t Permit, a reduction In the number of -required paring. spades mays be .allowed for uses vhie3i. utilise. shared r pa king- on site betveea uses which have different peak pafk 'ng' periods•: Zt1=19 Item 13® m Pale 1 6- - - -328- - - n_m.. TS Piini `"Yar k : is<'r a " e . t s` c s `411OR# -out as: follQiasa: * ol 0. Ilk a. Automobiy Yttcp tbsyo��ayt,;k _ . }spaeYp�o � ��r�'� ff gros_s i R..ti'Y'lrN �'a.. '_:.Y '$.. f,� fi'ri,v stl a sales or rental a +�lvs�ve � for at e 0 _ a sap._and ` q, 1° spate' for _earth I4i~F3p stl 11-�f C - :o . r�u€'rider sales, display `bV ser fce area b. Automobile service stations Z sacesfrtatiaeiohstll, g4e PPtt17 et ,, c. Beauty shop or barber shop. +2 spaces fos each a the beauty station or barber d. care centerp .day:;' S;space for eac3z staf mbar,, gltis 1 vrsery, preschool or:bursary space fox —A chfldseu or _ space school. for each iti=childaet= aFiit >..a=._c_fcUlas In SP kt3ratrt::d8�e:1 by • the C01lClIftlDlls f10�1 of p2►sse>dger Section 3.3 veiircl:es fbr--the purposh__ of_loading Regulations, aAd unloading,children.. pp.44-45 e. Commercial boat docks. 1 spate for each 3- 5- feet of boat dock or -boat m09,r3ng v_ th a::ai>� ,pum,of 1 space per boat. In ad'd "tion, are ' co ercia.7. decks are used-A' .load or unload <pas�enger*'%_O. Y,a_ o co z:, a1 or fee basis, there sa11„be l dational pusit_e .par rig .-space: requi ed`for each thetgtr'.or-passangez :catea;tp of f. Cmie-rc al service l space for each 400 sq. ft. of gross establishments; repair,shops, - Boorgasea', except floe area used, motor vehicle_repair:garages.,. exclv3ive3y :for sforeoadag, and similar estabiishmemts. plus: l space for-e A sq-; ft. of ouzdoo_r;, sales .=tl 5p�sys or.:_s�rp ce g. Dance halls_, pool or billiard I space for each ,3persgns. ;aNlloved parlors, roller or ice skating within the maximum occlupai cy laud as rinks, exhibition halls, established by local, Goun'ty or State including private clubs and fire, building or, health codes, or 1 lodge_ halls. space for each 75 square foot of gross floor area, whichever is greater. h. Food store, grocery store, 1 space for each 225 sq. ft. of gross supermarket, or similar use. floor area. -329- - Item 13. - Page 187 i.,. Furnturetaire;; aiplaierice l,.spike:.fob eari: 544 , :, fto: of $ro ;s store, made rt fQo area, excepIon sale store (znelud3ctoax ecusxvely for storage_oroeclfi eehic3e retatal or `sa , > pis :space: for eaz sc t o s �2 safes, display or.service:. j. General^of ite and othet: sage':for each Z5* Xsq. f, ,; cif gross business t�cYea� segv,�e� _,� = Boor area s a. ai�3>tist�tiv� ox�profes�ic�nal, � _ - _ ,. o�flc�s=3nc3ud37gg.,r� estateL-_ . . _ k. GeaierawL re'etai3: stares, e:kcepr i---apace:-fbi each'27.E sq.: ft. doss as otherwgse=prov$ded: floor area, 1. Laundromats. 1.- space foie ..each. 4:ma.hlnes.. M. Medical/dental office or 1 space for each 150 sg_ ft. of gross cliui.c floor_area. U. Motel or hotel, 1.space,for ;each guest uAiti.. :2 spaces . br: any. W t:_hav ing?fac Ii.tlies:o tier In SP than bathroom, _e.g. C3tchen-,.-fit bar, Section3.3 etc. Regulations, pp.45-46 o. Private golf=course:, -swim -L space for each k persons,:based upon Club, coutitrY- club, tennis f"W capacity. of:.411, feci ities club, recreation >tenter-* or capable;..of:simultais-ep, use: as. similar -use-. deiernined by the staff, plus 1 space for each 2 employees. p. Professional. offices of 1 space .for each 150 sq. ft. of gross di ctors; dentists:'or siikilar floor area. pro€essions- q. Residential 2 spaces for each:dvel-ling unit. r. Restaurants; night clubs., bars. I- space:-for eacb _100 sq.,,ft. of and similar est blis", -3 for setvitiig area. There shall,be. a the,sale and consumption of minimum of 10 spaces ,on-site_vithout food and beverage on the regard for the sq. ft. of service premises. areeae. s. Tennis Courts, open to--the. 2 spaces for each-court. public. t. Veterinary hospital. 1 space for each 150 sq. ft. of gross floor area. u. Other. All other uses shall be defined by the Orange County Zoning Code, Section 7-9-145.b. F. SICN!"RBGULATIORS IV-21 Item 13. - Page 188 ATY*F (I EN . Ce_S-7 All -rtf tfeht4 t-6 :t- th _o 11 Purpose and"-intent...., *k ppr post 01 this district it - of sigrxs :kp P Swi Coast Program...,- require rem'; 9 --1 " 7 Suns h,Lbital . 3an 's.iijo­t A. f v vas -a' _q I00 imcess- p " ­ _1 " " , ufo� 'A _."� I ql -7eoireitional areas and. tidlifdis_* The toxo thi6i,r' eg t latio Mtn" to 9signs an z,� to,eqgO a ZA It :Ze the,number d " ­,`i AW userof sound, U -Un-# p indl _l, I so 0 stftwr to ele the. laun,-_ an - -it. ,, c6 ­11 1.,-A!' ie. .... .ser ving commercial/retit!.ati&LILI faciff-A enh ance. C:#ntd t6 opportunities for coastal recreation. 2. General Provisions a. Uncertainty. Vhentiver uncertainty exists as to the intent o I thi�; article, .the Sunset Beach Local Coastal 'Pro .449,V ,gram dev,� A- be,,,f.iP4 ev -on Aich shall' In SP hall--im*4 tati Section 3.3 un' he of."Orainge. Appeals willrequire the at . e� to. t fi t w'C Permit t for a public hearing. Regulations, pp.47-48 b. Except for special event, signs, all permitted signs shall be located with — . _h modifications on the ta�,,tite as the.use t ey identify or the --goods, they to 2a and b to adve=t se. Zxceptiori­- -Special event' signs y,m itod: offsite -a, bia,loda change vitb- the- appr6Val,of the Sunset Beach Local Coastal PrOgraO Reviev decision Board. making authority to 3. Permitted Permanent Signs City instead of citizen a. Business sign: A sign- dj$playing. information pertaining to goqds�_ or advisory sery I ices, otiered or produced by the buiihiss located on,,theprqOftrty board. but not including, advertising devices/displays. Business signs may include- thd iderkifying name of a, business. b. Civic A;bulle tin board-:euatomarily incident to- pl,,4des-of. *,oithip,'librariet,, museums, and- other public -iostitutloos. c. Identification sign: A sign identifying the name and symbol/insignia of an existing or future community, building, business, 'facility, organization, person, ex-c- IV-2-2 ATTAr'Whfir:KlT h1r, I -337- Item 13. ® Page 189 4. Perei:t.ted T" orxry Signs. Tepipora S3tgr�s:ai e,Per u� any-01* _ ' Ee t v d F s I� .bibted} A Coastal Dexelgpment Fermat will .not be regxred %f,. file sigh i)oes exceed. the .height of existing_,struttuxes=cis ,si tea signs;;are persa t, ed ,_.. 1 Real-$s4ate szgu�,, tI arm Ares ane01) ea estate saga small o beiptte� on a� b�ilding,,siie; at�vsaess'���p�ier�g,;.t�f ,�4 exc!ed faun (b) :`sgiiinre feef in a€ea, unlighted'arid uni,llur>si�ated". 2. Construction sighs: Qne (1), .constz�uct on s gn sh :�; bg, ,e, permitted on.,a buildfng site, im any area, except vher spe'cfaca3y pi.ghibitied, unlaght t&a u331ui? ted and not to exZaed a .total. area-t# si�reeu2 = sc7uace �t Upon �rewiev and recam®endation of�-tie Review Board an a'approval of b Yl�e Environmental_�ianageimeni may, _the follotIg :sigs►se In SP permitted.:: ... Section 3.3 Regulations, 1. Special event signs Fog commuin ty s poasaxed events sucri as the pp.48 49 rire>een's Ball; Gbili Bean-1. _.Art yestadal aria Ucake Breakfast-, etc: 2. Portable signs: 'Vhe (1) portable sign shall be _pare, ted on any building site zoned for comiercial use, unligh ted-,and. uni_lluminated and not to exceed a total area of sixteen (ib) square feet or=.fi:ve: (5).:-:fee=t; n:.height. Portable sfgns ,are not allowed in anq..road,light of way. 5. frohibited Signs a. Signs Vhich resemble otl,conflict;yi.th any. ,traffic-conxro3 device or conflict faith safe and efficefi't floe off-traffic. b. Signs which create a safety baza d by obstructing dear vsev of pedestrian and vehicular traffic. c. Outdoor advertising signs. d. Advertising device/display. e Banner signs. 6. Sign Definitions Except as defined by these regulations, .signs .sball have the same definitions per Section 7-9-144.1 of the Zoning Code. iV-23- Iteriv 13s - Page 19 -332-- - -ATTACHMENT NG, CP3q 7. Lighted/Illuminated :Signs Y'aid ` l �trriate ski s:s lid'�l - °ah Ast sir,-,that . „ . ., . - direct_ tight rays :shall, he coi;fimed tV,;e Y1ti5Es. S. Signs Abutting. Rest diiOil A On the ocean.side :of-- Patilf .Co60PMg ay husiness as�d �d"e Jii 3 c tao s:agns facing Lire ocean afirerat ied grQdng they : nar nta than thirty.. - axte�al lig�tiug o�w�t]t`ss t"h�`ray��direete�ok� tha sign" face ouly. o 9. sign Ileasurenents a.. $igtt:.Areas In SP Section3.3 'Thee entire area ith ► u = ,sfagle eoutinUOUS g►e i ter of not Regulations, - pp.49-50 more thaneight C8?`straight«lines' eacicise tie-:exiie6 bits of writing. Sig . s 1 riot'`exceeds One,' ? sgi ar+s, t, o€ sigh¢are . or°Leh linear foot of, building frontage. fihe total aggregates-sigi.area for such signs shall not exceed one hundred and ttty five {1?S, sgtisre feet for each`property:" ;t huila f'rontaage o€ azsy 9 usiues3 is Iess than twenty=f ve'(25) feet,._otaly bi*O -a.maxi area of twenty-five (25) square, feet, shall-fie petsii:tted'.for each, such business. b. Sign lloightt The greatest vertical. dis.e.ance ffieasi ed from the ground level directly beneath the- s gn' c-„� tbe (vp'of`= sign.; 5 gas shall not exceed the building height limit of the district in aich they are located. -1) Pole and roof -signs. ftxilzmi hti gh t twenty-five (25:)-feet. 2) Vall signs: Maxim= height thirty-five (35) feet_. jTVli:im iO93O13543O11 IV-24 ATTAt'WRAMOT IM I. can -333® -- -- - Item 13. - Page 191 PIL .' .- 6► F mflr$"Afp6Af JrnCFICt i Ya.(�a e.,nYiwaw rfie+Yl�foer s�� s Parnlft ra. 8un0�tB8iCh'Bi�iari) �' i.de+,rwwr�r xuw'r't*tn`°il�l«Ilaaal w"t�l��. axr {A «rel a(n/3 '•aliellir •a t x9r�w M�+�M�.wHw � ., r�M'�P�w.YYw.+M IrM/fu p u._.P Vogt" w..•w...p,I+f ..� rWraw 4rYaw•rNY his+¢ ,. #-• H;+ -�. ..r. ..... _.. 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'... i, S bl•t �'I'p YI� .l.,..t -&-F k' j{ }{ !:: ) Y,r. ,.p. .for ,l d ' ';- g,-r'.: y(y> >�-i j � } rt �3;l�rra:.u}!;✓9.�'.,:�1ts.Y1.;;h1•+J,��,+._lL:Sd'.�..L.rrjY:Sli:a- .1�� cr, . tit.;1)1,. .,.it,.....::.lt:t�'tJ l}•.rt r.Yt.41l_Il)p:(; .,.;.51�L... n {...,. �J w_ { .-.,".,. -.,._ _r�;l:b&S �,.1 iU�16LL�'$s...� t,,. �sse �`1,1S.3Jas'vPillA,a�4i11 e- y , r -a _ - 1 f I r • Jl ml I • r- i r .. er ATTACHMENT #,J7 Item 13. - Page 194 -336- -:: i y: h .4 y'. s>,; �.ue, \fie � ��\ - �m� � ��,.,3,r• � '��� E'c�� ....... . ....::..Fig,•..-.« :1-.,>;;, - ti �" ..macl >: , Sunset Beach Spuecific Plan a its Plaiinh' ' air g_ ^ as. , zg „ z k I - -337- Item 13. ® Page 195 Draft Sunset Beach Specific Plan Prepared by: City of Huntington Beach Planning and Building Department 2000 Main Street Huntington Beach, CA 92648 Adopted by City Council: Certified by the California Coastal Commission: Item 13. - Page 196 -338- Table of Contents Page No. 1. Introduction.......................................................................................................................... 1 1.1 Location.............................................................................................................................. 1 1.2 Specific Plan Area Background........................................................................................... 1 1.3 Purpose and Intent............................................................................................................. 4 1.4 Authority and Scope ........................................................................................................... 4 1.5 Previous County of Orange Approvals for Sunset Beach.................................................... 6 1.6 Previous California Coastal Commission Approvals for Sunset Beach................................ 6 1.7 Consistency with California Environmental Quality Act (CEQA........................................... 6- 2. Land Use Plan...................................................................................................................... 8 2.1 Existing Conditions............................................................................................................. 8 10 2.2 Land Use...............;.......................................................................I...................................... 2.3 Circulation..........................................................................................................................18 2.4 Flooding and Shoreline Structures.....................................................................................22 2.5 Infrastructure and Utilities..................................................................................................22 Infrastructure......................................................................................................................22 Utilities...............................................................................................................................24 3. Development Standards........................................................................................................26 3.1 Purpose ...........................................................................................................................26 3.2 General Provisions ............................................................................................................26 3.3 Regulations........................................................................................................................28 3.3.1 Sunset Beach Residential....................................................................................30 3.3.2 Sunset Beach Tourists.........................................................................................34 3.3.3 Public Facilities....................................................................................................37 3.3.4 Parking Requirements .........................................................................................43 3.3.5 Fences and Walls ................................................................................................46 3.3.6 Sign Regulations..................................................................................................47 3.3.7 Accessory Uses and Structures...........................................................................50 3.3.8 Flood Plain District...............................................................................................51 4. Administration........................................................................................................................52 4.1 Enforcement of the Specific Plan .....................................................................................52 4.2 Methods and Procedures...................................................................................................52 4.3 Specific Plan Amendments................................................................................................54 4.4 Severability........................................................................................................................54 September October 2010 Page i -339- (tern 13. 8 Page 197 List of Exhibits Page No. Exhibit1.1 Vicinity Map................................................................................................................. 2 Exhibit 1.2 Aerial Photograph ....................................................................................................... 3 Exhibit1.3 Zoning Map ................................................................................................................ 5 Exhibit 2.1 Land Use Plan............................................................................................................12 Exhibit 2.2 Scenic Vista Viewpoints .............................................................................................15 Exhibit 2.3 Existing Beach Access...............................................................................................16 Exhibit 2.4 Typical Section...........................................................................................................21 Exhibit 3.1 Specific Plan District...................................................................................................29 Exhibit 3.2 Permitted Encroachment Areas within Sunset BeachChannel....................................41 Exhibit 3.3 Criteria for Sunset Beach Channel Encroachment......................................................42 Appendices..................................................................................................................................55 A. Legal Description 5epten#be ctober 2010 Page ii Item 13. - Page 198 -340- Draft Sunset Beach Specific Plan 1 . Introduction 1.1 Location Sunset Beach is an approximately 134 acre primarily residential community that stretches 1.2 miles from Seal Beach at the northwest extremity to Bolsa Chica State Beach, with which it is contiguous at the southeast, as shown in Exhibit 1.1, Vicinity-Map. It is bordered on the southwest by the Pacific Ocean and on the northeast by the Huntington Harbour and Peter's Landing developments and is in proximity to the Bolsa Chica Wetlands and Sunset Aquatic Park. The entirety of Sunset Beach is located in the Coastal Zone. From the ocean inland Sunset Beach is formed by six successive strips running the length of the community: the beach, the ocean front residences along South Pacific Avenue, the linear park/public parking facility between South and North Pacific Avenues, the residences along North Pacific and side streets, the mixed residential-commercial buildings on both sides of Pacific Coast Highway, and the residences on Sunset Island and adjacent to Park Avenue (Exhibit 1.2, Aerial Photograph). 1.2 Specific Plan Area Background Sunset Beach was established as an unincorporated town on September 8, 1904, governed by the County of Orange. Its formal establishment followed construction of the Pacific Electric Railway (PER). The Newport-Balboa line was the first PER line into Orange County and ran down the coast from Long Beach. The line was extended into Huntington Beach via Seal Beach in Summer 1904. Sunset Beach was laid out along the tracks in 1905. An 80 foot wide boulevard was graded running north to south next to the "Red Car" line, the common reference to PER, and became known as Ocean Boulevard. This thoroughfare was renamed Pacific Coast Highway in 1926. Development of Sunset Beach was similar to that of small coastal communities of the time and was punctuated by various events that helped to shape it to its current form, not the least of which was the rail line and the highway. The other notable change for the area was the development of Huntington Harbour in the 1960s, which transformed marsh and slough into residential islands, a marina and commercial area. Sunset Beach is unique among coastal communities in that 55 percent of its total area, excluding streets, is publicly owned and utilized. Of its almost 134 acres, approximately 74 acres are devoted to public uses, which include the main beach, a combination linear park and public parking facility, Sunset Channel and 11th Street beach. Approximately 31 acres are developed with residential and commercial uses, and 28 acres are right-of-way (streets). There are 700 residential units in the community developed at a range of densities, with commercial and mixed use developments mostly along Pacific Coast Highway. The community has approximately 1,300 residents. While Sunset Beach is almost built out, remodeling and rebuilding of residential lots occurs on an on-going basis. ce ba-�-October 2010 Pane 1 -341- Item 10 ® Page 199 Draft Sunset Beach Specific Plan LL Sunset Beach Vicinity Map City of Huntington Beach Westminster Seal Beach t . , t 1,71 is j T7 'a Y •f T, � 1 _ _ - -� f --r- -, _ � r "iil.S F t; '"'a,---_._ t— ..,_(( `_{1.i.3z_F CIA E� v, a, t_ (I County of Orange Bolsa Chica ' � � —Z ��a Fountain Valley r' UN (... 3: ) 1a� 3{3 �..,.. .-_,....-f•.v,'»,.,`a£"'LX'�,FI o-j�e 1I _ —f i..�_;lG.�: - _. '.^v1..-ii`i:.>v':: °a..aMiT w���F;,-.�' '� '. /r'�k�•T.lk..+.1>i:-,�j i:., FP."-\�=V. .��ZE �,...,v yi ,•�i Sunset Beach Boundary ,' ' � "'`-q �.., Huntington Beach Boundary — Huntington Beach Centerlines 9 lf< .ems TU Costa - � ,<A i ,5r' Mesa x r' Information 5ervfces DeP�ent ~ 4� Exhibit 1 . 1 Vicinity Map c,, re.,,ho,-nrtnhf r gni n Page 2 Item 13. ® Page 200 -342- f i C. a C `J �. V O CD `J z � 9 ire 1 y sz s r OW „ 3 Sunset Beach Specific Plan Boundary Huntington_Beach Boundary v n Exhibit 1 .2 Aerial Photograph Draft Sunset Beach Specific Plan 1.3 Purpose and Intent This Sunset Beach Specific Plan establishes the development regulations and administrative procedures necessary to achieve orderly and compatible development of the area consistent with the City of Huntington Beach General Plan and Local Coastal Program. The Specific Plan establishes specific zoning and site development standards for Sunset Beach generally consistent with the County of Orange Sunset Beach Specific Plan, dated September 1990. Sunset Beach will be annexed to the City of Huntington Beach. After the annexation and the adoption of the City of Huntington Beach Sunset Beach Specific Plan are effective, the City of Huntington Beach Sunset Beach Specific Plan will supersede the County of Orange Sunset Beach Specific Plan as the effective zoning regulations for the approximately 134 acre Sunset Beach area.' The intent of the Sunset Beach Specific Plan is to provide clear and comprehensive descriptions of land use, circulation, infrastructure and site development standards. The Specific Plan is regulatory in nature and serves as zoning for the Sunset Beach area, see Exhibit 1.3, Zoning Map. The Specific Plan also serves as the implementation plan for the Huntington Beach Local Coastal Program. Development plans and other entitlement requests for the Specific Plan area must be consistent with this Specific Plan and the Huntington Beach General Plan and Local " Coastal Program. 1.4 Authority and Scope The authority to prepare, adopt and implement Specific Plans is granted to the City of Huntington Beach by the California Government Code (Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457). The Specific Plan will be used by the City of Huntington Beach to implement the Huntington Beach General Plan and Local Coastal Program for the Sunset Beach area. The Specific Plan contains all applicable land use regulations and will thus constitute the zoning for the Sunset Beach area. The Development Standards contained in this Specific Plan will take precedence over all other provisions of the Huntington Beach Zoning and Subdivision Ordinance, unless otherwise noted. Local planning agencies or their legislative bodies may designate areas within their jurisdictions as ones for which a Specific Plan is "necessary or convenient" (Government Code Section 65451). A Specific Plan may either be adopted by ordinance or resolution (Government Code Section 65507). Adoption of the Sunset Beach Specific Plan shall be consistent with the provisions of the Huntington Beach Zoning and Subdivision Ordinance, Chapter 215. 1 The County of Orange Sunset Beach Specific Plan lists the acreage for the Specific Plan area as 115 total acres,30 acres of which are the main beach. With the benefit of geographic information systems, and based on current information from the County of Orange and a legal description,the total acreage is now estimated at almost 134, approximately 58 of which are the main beach. e,.-,+char nrtnhpr gnin Page 4 Item 13. ® Page 202 -344- 0' Er a Li 'k 7 rd� qu�abt fir /✓ �,J �, QCD h ti � '� car .. � � ��;� •�' , �' Trij CD `'' " CD CD o1 � - a � F __ r. rca4a CDs t nepey Qr �� r, c l Sunset Beach Specific Plan-Coastal Zone Overlay SP17-cz Pik LEGEND Parcels Huntington Beach Boundary ;WaD� Specific Plan Boundary e v Exhibit 1 .3 Zoning Map m w Draft Sunset Beach Specific Plan 1.5 Previous County of ®range Approvals for Sunset Beach On March 9, 1982, the Orange County Board of Supervisors adopted Resolution No. 82-349, authorizing preparation of a Specific Plan for Sunset Beach. The Land Use Plan, including Development Guidelines, was approved by the Board of Supervisors on May 6, 1981, as an amendment to the Orange County General Plan. The purpose of the County Sunset Beach Specific Plan (SBSP/LCP)was to tie together the Land Use Plan and Implementing Actions Program of the County's Local Coastal Program. In January, 1986, the Board of Supervisors directed the Environmental Management Agency (EMA) to prepare an amendment to the SBSP/LCP. Amendment 90-1 to the SBSP/LCP was approved by the Board of the Supervisors by Resolution No. 90-1244 and Ordinance No. 3798 on September 26, 1990. The Sunset Beach area remained an unincorporated "island" while the cities of Seal Beach and Huntingtont Beach incorporated and annexed adjoining areas. In 2009, the Orange County Local Agency Formation Commission (LAFCO) placed the unincorporated Sunset Beach area in the City of Huntington Beach's Sphere of Influence, facilitating the annexation of Sunset Beach to the City of Huntington Beach. This proposed City of Huntington Beach Sunset Beach Specific Plan is intended to comply with State law requiring the City to adopt zoning regulations for property ("pre-zone") before annexation is approved by LAFCO. 1.6 Previous California Coastal Commission Approvals for Sunset Beach The California Coastal Commission originally certified the SBSP/LCP on October 27, 1983. Subsequently, the Commission certified the amended SBSP/LCP on July, 17, 1991. The Commission retains original permit jurisdiction over development seaward of the mean high tide line. Therefore, it has permitting authority for improvements in/above the ocean and waterway and has issued such coastal development permits in Sunset Beach. This City of Huntington Beach Sunset Beach Specific Plan must be approved by the California Coastal Commission in order to become effective. 1.7 Consistency with California Environmental Quality Act (CEQA) Pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared as part of the Specific Plan approval process. The Initial Study will serve as the basis on which the environmental effects of implementation of the Specific Plan can be ascertained. The Initial Study indicated that a Negative Declaration is the appropriate CEQA compliance tool, and has been prepared as part of this Specific Plan process. All subsequent approvals necessary to develop any property within the Specific Plan area must be consistent with the Specific Plan and within the scope of the Negative Declaration. Additional environmental documentation may be required in the future if new significant _q4LniamJrnrfnhPr 9n1 n Page 6 Item 13. e Page 204 -346- Draft Sunset Beach Specific Plan development is proposed or if significant changes are found to have occurred pursuant to Section 15162 and 15182 of the CEQA Guidelines. September Jctober 2010 Pan,-7 -347- Item 13. - Page 205 Draft Sunset Beach Specific Plan 2. Land Use Plan The goal of the Land Use Plan is to maintain and enhance the special character of Sunset Beach. The Land Use Plan establishes and designates areas of residential and commercial development that will not impair coastal resources or public access to the coast consistent with the previous County Specific Plan. It identifies the beach, waterway and public parking facilities and policies to preserve them. Preservation of the unique character of Sunset Beach is the fundamental goal from which the Land Use Policies are derived. 2.1 Existing Conditions Sunset Beach is characterized by the unique and valuable commodity of its sandy beach and ocean shoreline. It is also surrounded on its inland side by a system of waterway canals in the Huntington Harbour development. The majority of the Sunset Beach area is designated for _ . public or community use, the largest component of which is the beach. The beach is bounded on the south by Warner Avenue and on the north by Anderson Street, a distance of 6,300 feet. Access to the shoreline is at 27 street-end locations through the residential areas, 35 feet in width, located every 200 feet along the beach frontage. The only recreation facilities on the beach are volleyball nets. Approximately 1,500 feet of the beach is open for surfing. Lifeguard service is provided on a seasonal basis. Outdoor games, swimming, surfing and fishing constitute the major activities at this beach. The area also benefits from a 13 acre linear park/public parking facility, constructed by the County of Orange in the old Pacific-Electric right-of-way, with picnic areas, a tot lot, five restroom buildings, pathways, and 624 parking spaces. This area is also referred to as the "greenbelt." Other notable public uses include the Sunset Channel, 11th Street beach, a post office and a volunteer fire station. The Sunset Beach Community Association also owns and operates a community center, which functions as a quasi-public use. There are no public boat launch sites in Sunset Channel with the exception that nontrailerable boats that can be hand-carried may be launched at the 11th Street Beach. There are no publicly maintained boating facilities within the Sunset Beach area. However, private docks are available in Sunset Channel adjacent to commercial and residential properties subject to the permit process. Private land uses in Sunset Beach are residential and commercial. The residential uses consist of 700 single and multiple family type dwelling units, on typically 2,700 square foot lots, which are well mixed throughout both residential and commercial areas. Densities range from approximately 22 to 45 units per acre. There are approximately 70 commercial establishments. Existing commercial uses range from neighborhood convenience facilities such as markets, to more area-wide facilities such as motels, restaurants, and specialty shops that generally front on Pacific Coast Highway. Because of the compact size and special nature of the Sunset Beach community and the limited area for commercial uses, the convenience facilities and goods provided serve the visitors and tourists as well as local residents. The Sunset Beach area consists of 497 parcels, the beach, and right-of-way. All but four of these parcels are fully developed or used in substantial part by an adjacent parcel for yard area, I R;znt5nmhPr nrtnhPr 9n1 n Page 8 Item 13® ® Page 206 -348- Draft Sunset Beach Specific Plan parking or accessory structures. Of the four parcels, three are vacant and one parcel is occupied by a billboard. The existing residential and commercial areas are 99 percent developed. Sunset Beach exhibits generally low relief with elevations ranging from sea level to five feet above sea level. Erosion of the shoreline in the area has been relatively continuous since the construction of the east jetty of Anaheim Bay in 1944. In 1945, the Navy constructed 600 feet of stone revetment downcoast from the Anaheim Bay east jetty to retard the erosion but had to reinforce it the following year. In 1947, the revetment was further extended and a wood sheet- pile bulkhead established to strengthen the shore road. In the 1940s, 1,422,000 cubic yards of material were placed on the beach. Additional material has been placed along the Surfside- Sunset Beach shoreline on a regular basis over the years and is expected to be needed on an on-going basis. Much of the area northwest of Pacific Coastal Highway was once a marsh and slough and was dredged and redeveloped to establish part of Sunset Island and Huntington Harbour in the 1960s. The development of these communities destroyed the marsh-slough habitat. The developed area of Sunset Beach does not provide a suitable habitat for wildlife or native vegetation because of its highly urbanized character, although certain avifauna may forage on the beach. Along the sandy beaches of the Specific Plan area, plankton, organic detritus, and debris form a primary food source for many of the macroscopic (i.e., large enough to be observed by the naked eye) species of marine animals, such as beach hoppers, sand crabs, and various species of clams. Also, microfauna could possibly be a food source for invertebrate macroscopic filter feeders. Filter and deposit feeders provide a food source for many fish species such as barred surfperch and California corbina, and also for numerous shore birds such as willets, whimbrels, dowitchers, plovers, and gulls. In turn, many of the vertebrates, especially the fishes, provide a food source for larger carnivorous vertebrates such as other fishes and mammals. Many invertebrate species are subject to cycles of abundance and rarity on any segment of sandy beach shoreline. The fish species present are frequently taken by in-shore anglers but are not exclusively confined to the shallow water of the open coast sandy beaches; they can also be found in deeper waters, or in bays and harbors, depending on such factors as migratory habits, spawning habits, weather conditions, wave conditions, and currents. Pismo clams are known to exist all along the intertidal and subtidal zones of the sandy beach shorelines from Anaheim Bay Harbor to the entrance to Newport Harbor. This bivalve is an important resource sought by recreational Clammers. The open coast sandy beach in the Specific Plan area and vicinity are spawning habitat for the grunion. Other fish species such as the barred surfperch and California corbina are found in the surf zone feeding primarily upon sand crabs. Common sandy beach organisms such as sand crab, pismo clam, bean clam, and polychaetes are known to exist intertidaily and subtidally along the Surfside-Sunset Beach shoreline in spite of previous beach deposition (sand replenishment) operations. Imp^ -October 2010 Pane Cl -349- Item 13. ® Page 207 Draft Sunset Beach Specific Plan 2.2 Land Use The Sunset Beach Land Use Plan is intended to implement the goals of the City of Huntington Beach General Plan and Local Coastal Program. Broadly stated, the goals for the area are to: ® Maintain and enhance the special character of Sunset Beach. ® Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and man-made resources. ® Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social economic needs of the people of the state. • Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners. ■ Assure priority for coastal-dependent and coastal-related development over other development on the coast. ® Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone. More specifically, the City of Huntington Beach Sunset Beach Land Use Plan proposes to carry forward the land use designations previously approved by the County of Orange and California Coastal Commission. However, for consistency with the City's General Plan, some of the designations are different in name, though the types of permitted uses are similar. These uses will also be governed by the more specific regulations of this Specific Plan, as set forth in Section 3. The Sunset Beach Land Use Plan is illustrated in Exhibit 2.1. The Plan designates the 134 acre Specific Plan area as follows: Land Use Designation Acres Residential High Density-30 22.32 Commercial Visitor-Mixed Use Overlay 9.16 Public 13.00 Open Space-Shoreline 57.74 Open Space-Water Recreation 3.40 Right of Way 28.26 Total 133.88 caniana4:i r nrtnhPr,?n1 n Page 10 Item 13. - Page 208 -350- Draft Sunset Beach Specific Plan The Residential High Density designation has a General Plan/Local Coastal Program density category of greater than 30 units per net acre, denoted by"-30" to reflect the existing density condition of some parts of Sunset Beach. The Commercial Visitor designation has a Mixed Use ("-mu") Overlay, which permits residential uses in conjunction with the underlying commercial designation. This is in recognition that the Specific Plan allows for residential units above the ground floor in the CV area.2 In addition to the underlying land use designations, and the notations for RH and CV described above, the entire area has a Specific Plan Overlay (°-sp") designation in recognition of the need and existence of a specific plan for the Sunset Beach area. The City of Huntington Beach General Plan and Local Coastal Program also use Subarea designations to identify areas that are unique in the city, serve certain functions or have area- specific goals or regulations. The Sunset Beach Specific Plan area will be designated as Subarea 4L on the City's Community District and Subarea Schedule in the General Plan and Local Coastal Program. Those Subarea Schedules refer the reader to this Specific Plan for development regulations. -- Z The County's existing Specific Plan allows residential uses above the ground floor in the Commercial Visitor(Sunset Beach Tourist District)area.A 2010 review of existing development in Sunset Beach indicates that there are approximately 80 residential units in the areas designated for principally commercial uses. September ctober 2010 Pant- 11 -351- Item 13. - Page 209 ram► m_ M ® v e � C/) m F a " o0 .'E. .Martnd buy Or., _ ,S7«r 53a7b i Wawa Nclfic-Coast Hwy. Pedfic Coast H" ago rtF1r9::.�a�i ..4a PR 4r r+ Etl e LEGEND IM Residential High Density Parcels m Commercial Visitor-Mixed Use Overlay Right Of Way Public Huntington Beach Boundary Open Space-Shoreline Sunset Beach Boundary [_°s,w] Open Space-Water Recreation -sp Specific Plan Overlay This designation applies to all Land Uses for this area. � Mf nn&aMua.ikpawe» CD (Q Exhibit 2.1 Land Use Plan N Draft Sunset Beach Specific Plan Land Use Plan Guidelines The City's General Plan and Local Coastal Program contain numerous goals, objectives and policies that further and are consistent with the overall goals for the Sunset Beach area. However, due to the unique nature of Sunset Beach and the fact that it is already almost fully developed at the time that this Specific Plan is being created, previous Land Use Plan Guidelines contained in the original County of Orange Sunset Beach Specific Plan are being carried forward to the extent that they are still relevant. The Land Use Plan Guidelines below are designed to: implement the Land Use Plan, specifically; carry out the intent of the General Plan and Coastal Act consistent with the desires of the community; and be a supplement to the City's General Plan and Local Coastal Program, which also contain relevant policies. The Guidelines consist of the Land Use Map (see Exhibit 2.1) and the following text: Beach and Sand Area 2-27-2.2.1 Existing beach and sand areas shall be maintained in their present form: i. to preserve the unique public recreational character of Sunset Beach; recreation shall be defined as passive-and active recreation that is in conformance with the development guidelines of the Sunset Beach Land Use Plan. ii. in cooperation with the State Department of Fish and Game, to protect and preserve the natural habitat of spawning grunion, pismo clam and other shellfish beds, porpoise feeding and sporting grounds, feeding grounds for the California brown pelican, grebes, cormorants, terns, gulls and all other natural sea life and waterfowl. iii. to protect beachfront residences and maintain both public and private open ocean view and access. 2v 2.2.2 The following shall be adhered to to maintain the existing beach and sand areas: i. Dredging and sand replenishment shall be scheduled during fall and winter months to reduce conflict with sunning, swimming and other shoreline water activities. ii. The city shall cooperate with the United States Army Corps of Engineers and other applicable agencies regarding all sand replenishment activities. iii. Sand replenishment shall be deposited at the northwest end of the beach in the area contiguous to the U.S. Navy Ammunition & Net Depot harbor groin, the point of primary and maximum erosion. From that point sand shall be distributed southeastward down the beach by natural wave and current action. This will avoid the destruction of natural marine life habitat. At the same time it will preserve the recreational character of the beach and the fine grain and cleanliness characteristic of alluvial ocean sands. Sand shall not be pumped directly on the beach within Sunset beach except in response to immediate danger to residences. September ctober 2010 Pan= 11 -353- item 13. a Page 211 Draft Sunset Beach Specific Plan iv. No government or private agency shall construct or cause to be constructed any structure including but not limited to jetties, groins, berms, etc., that may alter natural shoreline processes such as wave action, channel depths or general beach configuration except when such protective structures are required for existing structures or public beaches in danger of erosion. V. Permanent above-ground structures on the beach and sand areas shall be prohibited. vi. To fulfill visitor serving needs, to minimize personal injuries and to reduce liability, sanitation shall be maintained by properly and routinely cleaning and maintaining the beach and sand area from ocean edge to the artificial dune. The protective growth barrier shall be maintained by property owners. 2 2-142. ,3 To protect residences and the Sunset Beach sanitary system from flood waters and excess wind-driven sand, to preserve that sand in the beach area thereby reducing replenishment costs, and to enhance the appearance of the benefit of visitors, preservation and maintenance of the artificial dune by residences shall be retained and encouraged, in keeping with Orange County Board of Supervisors Resolution No. 80- 188. -2-,2--A022A Scenic vistas shall be maintained, see Exhibit 2.2., Scenic Vista Viewpoints. :-244Z2. Public access to the beach shall be maintained. i. The 27 existing public access points to the beach shall be retained in perpetuity, see Exhibit 2.3, Existing Beach Access. ii. Signs denoting the Public Beach shall be maintained at the signalized intersections of Anderson Street, Broadway Avenue and Warner Avenue along Pacific Coast Highway. Signs shall not exceed four square feet. enniana4ar llrtnhPr 9ni n Page 14 Item 13. ® Page 21 -354- o C/) 'd Lh. n rep JTT 1­­­-T C/) Y'Vew 17`' 1��fll 7, V CD 0 " I """, I ,, .­T7lmUl,, ! � . r 0CD amm mb M,M,mmmmum mm T,LAW% "Mux,L T7T7=-- � -, == �: L 'm 0 Pacific Coast Hwy. N) �.......... 1-F-H! =1 KMI CD 0 -C 71 Ig" FIj I IL .... ......... M AI, .......... ................ mom 10i TIE- —L Pacific Coast Hwy.,_, ............ 'IJ -4� i id 1 1 i 11 1 �.0 mv Ll, 1 1 1 Ll 1 J gmig LEGEND Boundary of Scenic Corridor 0 100 200 400 scenic vista Feet D Exhibit 2.2 Scenic Vista Viewpoints m ............... '5' tiud't 'd'Ln9. .......... .. . ......... =jj 1=77-3; .......... Pacific Coast Hwy. .......... P p P j- "J L h---'--r E -—---------- Pacific Coast Hwy, 7"* 7 ............ Rp .......... A ---- --------- .......... ...... A IPI 70 p LEGEND Access Points Traffic Signal 0 100 200 400 Public Parking Feet rn Exhibit 2.3 Existing Beach Access Draft Sunset Beach Specific Plan Inland Waterways 2:2=422.2.6 Inland Waterways shall be publicly accessible and maintained in a manner that is sensitive to the natural environment i. For greater use by the general public, all channels and public waterways in existence as of February 2, 1965, on which date, by Resolution 65-112, the Orange County Board of Supervisors established the channel widths, shall be maintained as public waterways. Location of bulkhead lines and encroachment areas shall be established and no structures shall extend beyond the bulkhead line except for ramps (gangways) and docks. ii. Every effort shall be made to protect and preserve existing natural sea life and waterfowl, and to maintain "clean"water. iii. To meet visitor-serving needs, the 11th Street public beach shall be retained in its present general configuration, or if reconfigured, shall provide equivalent recreational opportunities and shall be properly maintained. Visitor Serving Commercial 14 2,2.7 Existing commercial facilities should be retained. .2 2-442.2.8 Should any existing residence presently on property designated for commercial use be destroyed, such may be rebuilt as a residence providing it conforms to the provisions of the residential guidelines. 2:2. 2.2.9 Where commercial uses abut residential property, no balconies, decks or open areas intended for public use shall be allowed to infringe on adjacent residential property. Residential 2: :1-62.2.16 All legally created residential building sites shall be permitted only two dwelling units per site, unless approved otherwise prior to adoption of this Specific Plan. .2472.2.1,1_Affordable housing shall be provided consistent with the City of Huntington Beach Zoning and Subdivision. Low/moderate cost rental units should be replaced when redevelopment occurs. 2-.24-922.12 Conversion of multi-unit buildings into condominiums shall be allowed only if the building meets the Specific Plan standards. 2 2.2.13 Public service facilities shall be a permitted use in a residential use area. September October 2010 Pan- 17 -357- Item 13. - Page 21 Draft Sunset Beach Specific Plan 2.3 Circulation Regional Transportation A network of freeways and arterial highways provide regional access for Sunset Beach. The major arterial regional facilities serving the community are Pacific Coast Highway and the San Diego Freeway. Arterial highways link these two facilities to each other and to Sunset Beach. Several arterial highways connect Pacific Coast Highway with inland areas and the San Diego Freeway. Seal Beach Boulevard-and Warner Avenue are both designated as major arterial (six lane, divided) highways and provide connections with Pacific Coast Highway at points north and south, respectively, of Sunset Beach. The arterial highway network serves both the motorist and the public transit rider. Countywide and regional access-via transit is designed primarily by the Orange County Transportation Authority (OCTA), which operates an extensive system of fixed routes and dial-a-ride service throughout Orange County. OCTA's service to the Sunset Beach area is quite extensive. OCTA route #1 utilizes Pacific Coast Highway between Long Beach/Seal Beach and San Clemente, providing north-south service to Sunset Beach. Three other OCTA routes terminate at Pacific Coast Highway and Warner Avenue at the southern end of Sunset Beach; they provide direct service to the beach from inland Orange County areas. The Pacific Coast Bikeway follows Pacific Coast Highway and serves as a major north-south route within Orange County and the only bikeway adjacent and parallel to the coastline. Bikeways connecting to Pacific Coast Highway generally follow arterial highways. Seal Beach Boulevard and Warner Avenue both include bikeways. All of the above bikeways are included in the Master Plan of County-wide Bikeways. Sunset Beach Transportation Most of the traffic utilizing Pacific Coast Highway in the vicinity of Sunset Beach is either passing through the area or destined to development adjacent to the community. The approximately 700 dwelling units and various commercial enterprises within Sunset Beach generate a relatively small portion of the trips using the Highway. For most of its length in the vicinity of Sunset Beach, Pacific Coast Highway is a four lane facility with painted median. Some additional development and redevelopment within Sunset Beach may occur, but the impact of this upon the arterial highway system should be minimal. However, increased development in the areas surrounding Sunset Beach and growing demand for access to coastal resources could further impact Pacific Coast Highway and the arterials leading to it. Because of the constraints inherent in acquiring additional right-of-way for Pacific Coast Highway both within and outside of Sunset Beach, it may be impractical to provide additional travel lanes. Better utilization of the existing right-of-way is a more realistic possibility. As new development and redevelopment occurs, improvements can be made that provide for safe and convenient use of the Highway by pedestrians, bicyclists, and transit vehicles. Also, any new commercial development will have to provide off-street parking and be designed to minimize the gni n Page 18 Item 13. - Page 216 -358- Draft Sunset Beach Specific Plan number of direct access points to Pacific Coast Highway. An integrated traffic signal system within Sunset Beach can facilitate the flow of traffic. Expanded transit service along Pacific Coast Highway and through the area, to be provided as demand warrants and as financial resources become available, should encourage additional transit use and might somewhat reduce traffic along Pacific Coast Highway. Pacific Coast Highway is operated and maintained by the State Department of Transportation (CalTrans). Thus, any improvement to the Highway is subject to their approval. - Local circulation within the Sunset Beach community is tied to parking opportunities and traffic control. Traffic patterns seaward of Pacific Coast Highway revolve around the parking facility located between North and South Pacific Avenues. Traffic movements on other streets are limited by narrow right-of-way and heavy on-street parking. Although there are adequate parking spaces available to meet public, commercial, and residential parking demand, the distribution of available parking negatively affects the supply- demand balance, which causes deficiencies to occur in certain areas. To alleviate the problem, existing parking opportunities need to be retained within the community and maximized wherever possible. Adequate off-street parking will be required in conjunction with all new development or redevelopment of properties. Specific policies and guidelines relating to parking are included in this Specific Plan. Increased transit service and bicycling opportunities should provide access to beach uses without requiring such additional parking. Local circulation and traffic safety will be enhanced by appropriate speed limits. It is expected that the existing 15 miles per hour speed limit on all Sunset Beach Streets, except Pacific Coast Highway, will be retained; however, speed limits must be periodically reviewed to be enforceable. Circulation and safety will also be enhanced by retention of the parking restrictions on North and South Pacific Avenues. Also, conversion of Bay View Drive to one-way operations will be evaluated as a means to improve circulation inland of Pacific Coast Highway. Based on the foregoing, the following circulation policies shall be adhered to: Transportation/Circulation 2.3.1 Speed limits shall be periodically reviewed and vigorously enforced on all local streets within Sunset Beach. 2.3.2 The City shall work with CalTrans to maintain and/or improve signal timing on Pacific Coast Highway. 2.3.3 The feasibility of converting local streets to one-way circulation shall be evaluated. 2.3.4 Required street and highway dedication and improvements normally required per the City Code are not applicable to the Sunset Beach Specific Plan area except for those properties abutting Pacific Coast Highway. However, street dedication for 4th through 26th Streets shall conform to the Typical Section for those streets, as shown in Exhibit 2.4, Typical Section. 2.3.5 Pacific Coast Highway is designated a "scenic highway." To ensure that those scenic characteristics are enhanced, public and private projects shall, wherever feasible, provide landscaping wherever there is adequate space. September-October 2010 Pana 1 Q -359- Item 13. ® Page 217 Draft Sunset Beach Specific Plan Parking 2.3.6 To the maximum extent feasible, to maximize visitor servicing needs and ensure public safety, the City shall encourage CalTrans to stripe Pacific Coast Highway to provide a safe width for parallel parking. 2.3.7 All existing on-street parking shall be retained within Sunset Beach and wherever possible establish programs to maximize their use, except when public safety is compromised. 2.3.8 There shall be no parking on North and South Pacific Avenues, except in front of driveways by permit only. 2.3.9 In order to facilitate visitor serving needs, diagonal parking shall be allowed on Anderson Street and Broadway Avenue. 2.3.10 All street ends, except for emergency access, opening onto the beach shall be fully developed for public parking prior to any other public parking development. 2.3.11 Street ends on the inland side of Pacific Coast Highway will be evaluated for opportunities to develop public parking. 2.3.12 Innovative programs to maintain the existing parking supply in residential areas and to provide flexibility for commercial uses shall be encouraged. 2.3.13 Signage and parking control to manage parking supply shall be implemented. I Pmh;ar nr.tnhar gn1n Page 20 Item 13. - Page 218 -360- Draft Sunset Beach Specific Plan C7 z 00 _O a) U) N 6 M U .Q N 4-0 W Nei W t!'1 u"f SenberOctober 2010 cc Pana 91 a -361- Item 13. a Page 219 Draft Sunset Beach Specific Plan 2.4 Flooding and Shoreline Structures The Federal Emergency Management Agency (FEMA) currently designates all of the developed area of Sunset Beach and a majority of the beach as Flood Zone X, which are areas of 500 year flood and areas of 100 year flood with average depths of less than one foot of flooding and areas protected by levees from 100 year flood. A small portion of the beach at the ocean edge is designated Flood Zone VE, areas of Coastal flood with velocity hazard. Despite the Flood Zone X designation, flood damage in Sunset Beach can occur at times of abnormally high tides when waves overtop the berm and water flows towards the houses. Flood damage resulting from this process, called over-wash, can be reduced by raising the living area of the homes above the level of flowing water. Therefore, special design consideration must be given to development along the shoreline because ocean-water can create a flooding problem. The County of Orange completed a Coastal Flood Plain Development Study, in 1985, to analyze safety measures for structures along the coast. Design guidelines for residential development along the coast are established in Chapter Four of the Coastal Flood Plain Development Study as amended. These guidelines are based on the assumption that the beach will be artificially maintained with a width of at least 150 feet from the ocean-facing private property line. Flowing water is the only design consideration. Should the beach retreat to less width, the possibility of storm erosion and breaking wave activity at the structures may occur and flood protection as regulated by these design guidelines will not provide protection from wave impact forces. Revised design guidelines must then be modified to reflect the circumstances. The County designated the homes seaward of South Pacific Avenue as being in a —FP3 district, subject to flood hazard. The Coastal Flood Plain Development Study requires that any new structure in this area be raised to a specific height above a point on South Pacific Avenue. In addition to providing protection against flood damage, the requirement to build on piling along South Pacific Avenue provides a safety margin should conditions at Sunset Beach return to the way they were in the 1930s when homes were vulnerable to attack by waves. Homes on shallow footings can be rapidly damaged or destroyed if their sand support is lost to erosion. Existing lawful nonconforming residential uses may be severely impacted by the Coastal Flood Plain Development Study and will require special consideration. The publicly owned Sunset Channel has been privately bulkheaded and the streets and alleys, where they abut the channel, were bulkheaded by the County. As set forth in Section 3, new development shall be required to comply with flood plain regulations and the County's study. 2.5 Infrastructure and Utilities Infrastructure Public facilities analyses of infrastructure requirements and detailed design, construction and phasing will be completed as required by the City of Huntington Beach Department of Public Works. Future development within the Specific Plan area will be responsible for the R izntnm4 Qr nn.tnhar 9n1 n Page 22 Item 13. - Page 220 -362- Draft Sunset Beach Specific Plan construction of public facilities improvements concurrent with individual project development, subject to review and approval of the Director of Public Works. Water System The City of Huntington Beach has provided domestic water to the Sunset Beach area since fiscal year 1964/65, when it purchased the Sunset Beach Water District. Upon annexation, domestic water for the Sunset Beach area will continue to be provided by the Public Works Water Division of the City of Huntington Beach. The Water Division provides water to all of the customers within the City of Huntington Beach. The Water Division has use of both underground and imported water sources to service the area. The underground supply comes from nine existing wells, and imported water delivered to the City of Huntington Beach by the Metropolitan Water District (MWD) at three locations. The Specific Plan area is part of the City's Master Plan for Water Service. All water improvements shall be designed to the City of Huntington Beach water standards for future City acceptance and approval. Locations of fire hydrants and apparatuses will be reviewed for each project by the Fire Department and Water Division of the City of Huntington Beach to ensure adequate fire flow and pressure. Sewer System The Sunset Beach Sanitary District, formed in 1930, is responsible for the review and approval of the collection of wastewater within the project area, and the Orange County Sanitation District (OCSD) is responsible for the treatment of wastewater. Upon annexation, wastewater service will continue to be provided by the Sunset Beach Sanitary District. Storm Drainage The City of Huntington Beach and the Orange County Public Works/Flood Control Section are the agencies responsible for the flood control system in the vicinity of Sunset Beach. New drainage facilities constructed within the Specific Plan area will be maintained either by the City or privately maintained by a homeowner's association. Any drainage facilities designed or sized to accommodate upstream drainage will be designated as public facilities and maintained by the City. Only drainage that is required by City of Huntington Beach Codes and the ordinances of the Sunset Beach Sanitary District shall be drained into the Sunset Beach Sanitary System lines. All other drainage, such as rain water, irrigation water and other on-site drainage shall drain to the public street or public storm drainage system. All development shall meet the provisions of this requirement. Where new storm drains are necessary to accommodate development, they shall be sited and designed to discharge in the least environmentally sensitive location. Storm Drains and/or Catch Basins shall be marked "No dumping- drains to Ocean" or with other appropriate local insignia. October 2010 Pana 7:1 -363- Item 13. ® Page 221 Draft Sunset Beach Specific Plan Water Quality The City of Huntington Beach is a coastal community noted for its beaches, which attract numerous people to the area. The beaches support the City's economy and the well being of the City's economy is dependent on maintaining quality of coastal waters. The flow of untreated stormwater and urban runoff can have an adverse impact on the quality of coastal waters since storm drains eventually discharge into the ocean. The City's Coastal Element notes that the City can upgrade water quality by controlling pollutants that enter coastal waters through urban runoff. The City's Coastal Element contains the water and marine resource policies requiring that measures be implemented to mitigate the adverse impacts of human activities on the marine environment. To protect coastal waters, the following water quality measures shall be implemented in conjunction with any new development or significant redevelopment: ® All new development and significant redevelopment, shall comply with the State of California, California Regional Water Quality Control Board Santa Ana Region, Order No. R8-2009-0030 (NPDES No. CAS 618030) or subsequent permits. Projects shall comply with the Orange County Drainage Area Management Plan (DAMP), all applicable local ordinances and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 2009-0009-DWQ), and any subsequent amendments, revisions, or re-issuances thereof. ® Prior to issuance of a Coastal Development Permit (CDP), a Preliminary Water Quality Management Plan (WQMP), shall be submitted for review by the Public Works Department, and shall be based on consistency with the provisions herein. New development and significant redevelopment projects shall incorporate Low Impact Development (LID) principles, design elements, and/or Best Management Practices (BMPs) that will effectively prevent runoff contamination, and minimize runoff volume leaving the site in the developed condition, to the greatest extent feasible. ® Prior to issuance of a Grading or Building Permit, a final WQMP shall be submitted for review and acceptance by the Public Works Department. ® All projects that include dewatering shall obtain coverage under the State of California, California Regional Water Quality Control Board Santa Ana Region de minimis permit, currently Order No. R8-2009-0003 (NPDES No. CAG998001) and subsequent iterations of this permit. Utilities There are several public utility service providers in the Sunset Beach Specific Plan area as described below. Adequate facilities exist for the service needs of the area. Electricity Electrical service to the area is provided by the Southern California Edison Company. Existing transmission and distribution lines are adequate to service current and potential future needs. I Page 24 Item 13. - Page 222 -364- Draft Sunset Beach Specific Plan Natural Gas Natural gas service in the Specific Plan area is provided by the Southern California Gas Company. Adequate facilities exist for current and potential future needs. Telephone Telephone service in the Specific Plan area is provided by Verizon. Cable Television Cable television service within Sunset Beach is provided by Time Warner Cable. Solid Waste Disposal Rainbow Disposal Company currently provides solid waste disposal services for the area. An adequate level of service can be maintained based on anticipated demand for the Company's service area. Se .be October 2010 Pan,- 91,; -365- Item 13. - Page 223 Draft Sunset Beach Specific Plan 3. Development Standards 3.1 Purpose The Sunset Beach Development Standards will be applied to individual development in the Sunset Beach area and are adopted for the purpose of promoting the health, safety and general ----- welfare of the Sunset Beach community and the City of Huntington Beach. More specifically, these regulations are intended to provide the standards, criteria and procedures necessary to achieve the objectives below. ■ Provide maximum opportunities for community design and site planning, consistent with orderly development and protection of sensitive and natural resources, with a logical and timely sequence of community and government review and input. ■ Improve the visual image and general aesthetics of Sunset Beach. ■ Implement the applicable policies of the California Coastal Act and preserve, protect and enhance the Coastal Zone resources of particular value to the Sunset Beach community, City of Huntington Beach, and the State of California. ■ Implement the intent and purpose of the Sunset Beach Specific Plan. 3.2 General Provisions The provisions herein shall govern the design and development of the Sunset Beach Specific Plan area. Standards and/or criteria for development and activities not specifically addressed in this Specific Plan will require referral to the current provisions of the Huntington Beach Zoning and Subdivision Ordinance and Municipal Code. Whenever an activity has not been specifically listed as being permitted in a particular District of the Specific Plan, it shall be the duty of the Planning and Building Director to determine if it is consistent with the intent of this Specific Plan and compatible with other permitted uses. All development activity within the Sunset Beach Specific Plan area will be subject to the following general conditions and requirements, as noted, as well as the Land Use Plan Guidelines in Section 2.2. 3.2.1 Any conditions, requirements, or standards, indicated graphically or in writing, that are a part of an approved subdivision map, Coastal Development Permit or variance, approved in compliance with these regulations shall have the same force and effect as these regulations. Any use or development established as a result of such approved permit but not in compliance with all approved conditions shall be in violation of the Sunset Beach Development Standards and City of Huntington Beach Zoning and Subdivision Ordinance. 3.2.2 All construction and development within the Sunset Beach Specific Plan area shall comply with applicable provisions of federal and state regulations. 3.2.3 All construction and development within the Sunset Beach Specific Plan area shall comply with applicable provisions of the Uniform Building Code and other various I Cnntozmhor nr-f hfzr 9n1 n Page 26 Item 13. - Page 224 -366- Draft Sunset Beach Specific Plan Mechanical, Electrical, Plumbing and Housing Codes related thereto as well as the Municipal Code of the City of Huntington Beach. 3.2.4 All construction and development shall comply with the regulations contained in Chapter 17.56 of the Huntington Beach Municipal Code (Fire Code) and City Specifications, except Section 3.3.4 2e and f of this Specific Plan shall prevail unless wider drive aisles, per City Specifications, can reasonably be accommodated . _ 3.2.5 In these land use development standards, for all regulatory areas, when more than one description may apply to a given use, the more specific description shall determine if a use is allowed, or prohibited. 3.2.6 Terms not specifically defined in the Specific Plan shall have the same definition as used in the City of Huntington Beach Zoning and Subdivision Ordinance. When consistent with the context, words used in the present tense include the future tense; words used in a singular number include the plural number. The word "shall' is always mandatory and the word "may" is permissive. 3.2.7 Pacific Coast Highway, as it passes through the Sunset Beach Specific Plan is designated a Scenic Highway. 3.2.8 All legal residential building sites in existence on the date of initial adoption by the Board of Supervisors, of the Sunset Beach LCP on March 30, 1983, shall be permitted two dwelling units per site, unless approved otherwise. New building sites created by a tract map, parcel map, lot consolidation, or any other legal method are also limited to two dwelling units per building site. 3.2.9 Development projects shall be required to install adequate utility services necessary to serve the development. Utility systems shall be designed to conserve the use of electrical energy and natural resources 3.2.10 Due to the high groundwater conditions, only drainage that is required by City of Huntington Beach Codes and Ordinances, and the ordinances of the Sunset Beach Sanitary District, shall be drained into the Sunset Beach Sanitary System lines. All other drainage, such as rain water, irrigation water and other on-site drainage shall drain to the public street or public storm drainage system. All development shall meet the provisions of this requirement. 3.2.11 Temporary special community events, such as parades, pageants, community fairs, athletic contests, carnivals, and other similar uses, may be permitted in any area in the Sunset Beach Specific Plan area by approval of the Director of Planning and Building, subject to applicable permits. 3.2.12 Emergency vehicle access to the beach shall be at the ocean end of the signalized streets of Anderson, 19th Street, Broadway, 5th Street and Warner Avenue only. The center of such street ends shall be kept open and free at all times_ All other side street ends opening on the beach may be developed for additional public parking. Such September October 2010 PanP 97 -367- Itellll➢1 13. - Page 225 Draft Sunset Beach Specific Plan additional public parking development shall not extend beyond the rear (oceanward) property line of the adjacent ocean front private property. 3.2.13 Park lands and park fees required for new development shall be in compliance with all applicable regulations of the City of Huntington Beach Zoning and Subdivision Ordinance. 3.2.14 Any building site abutting Pacific Coast Highway shall be required to provide a corner cut-off of 17 feet prior to the issuance of any building permits unless otherwise provided for by an approved Coastal Development Permit. 3.2.15 Required street and highway dedication and improvements per the City of Huntington Beach Zoning and Subdivision Ordinance shall not be applicable to the Sunset Beach Specific Plan area except for those properties abutting Pacific Coast Highway. 3.2.16 Building height is the vertical distance above the bottom elevation to the top of the structure (maximum height). This is established by enclosing the structure with an imaginary line five feet outside of the perimeter of the structure, or at the property line if it is less than five feet from the structure, and determining the average elevation from the imaginary line. 3.3 Regulations The Sunset Beach Specific Plan contains five districts, as depicted in Exhibit 3.1, Specific Plan Districts. The boundaries of these districts coincide with those of the Land Use Plan. The names for the Specific Plan districts are the same as used in the previous County SBSP/LCP. The regulations for each district follow. cP„+ter hAr nr_tnhpr 9nin Page 28 Item 13. - Page 226 -368- 0 v co . L"� '{`j•,..,. ,f` .� r . _ CO) CD ram+ f :Y....,..,..,k..�.r y, 13¢•.,ti .i. • ^bp.c '.,... , �'. '?• Gnannel 4n-L ` A•. - ;fir ' ��Qdyrpf j�•i - r , �, _ � ;,::. ,. -.. -•„ :fir/ _. ....,,,_.., _...— _.. .... Mann r=Paatl1a Caasl Hwy•° - - �, Pacifra,.:Coa`at Hw '�,..'.awe- � i;••. 'h �:.; x�a. :a9:• •:Y a t,. r.,±w,�,w �.;r,%;:.aksk„3 ;,,yY:••.q,.z -y.Y pis:...,+� ...rsd:r°x,:' u e„.;= '�-�?.�•�T���':,,�.' Wmm .:F;;; .,l vvt9. -.a, !:r;;:��a>•` ,.;yx „�wvtC.{y+�" yL,'=,: A#`r W 0 LEGEND Sunset Beach Residential-22.32 Acres Parcels Sunset Beach Tourist-9.16 Acres Right Of Way Sunset Beach Parking Facility-13.00 Acres Huntington Beach Boundary Sunset Beach Beach Area-57.74 Acres Sunset Beach Boundary Sunset Beach Waterways-3.40Acres a. w � r s B � v 9 Exhibit 3.1 Specific Plan Districts N a Draft Sunset Beach Specific Plan 3.3.1 Sunset Beach Residential A. Purpose The Sunset Beach Residential (SBR) District is intended to permit the establishment and maintenance of high density residential neighborhoods. It is intended that each residential structure be independent from adjoining property by setbacks. Only those uses which are complementary to and can exist in harmony with the residential uses are permitted. B. Principal Permitted Uses The following principal uses are permitted subject to the approval of a Coastal Development Permit by the Zoning Administrator. 1. Duplex dwellings 2. Single-family dwellings and single family mobile homes. 3. Residential Condominium, stock cooperative, and community apartment projects. 4. Residential Condominium conversions, pursuant to Chapter 235 of the HBZSO. 5. Additions to lawful nonconforming residential uses. Additions must comply with all applicable development standards. C. Other Permitted Uses Other permitted uses subject to a Coastal Development Permit and a Conditional Use Permit by the Planning Commission. 1. Community recreation center. 2. Community service center. 3. Community facility. 4. Public Safety Facilities. 5. Parks and playgrounds (non-commercial). 6. Public service facilities. 7. Short-term vacation rentals (stays of less than 30 days) D. Accessory Uses and Structures Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted principal use on the same building site. 1. Limited Day Care, Limited Residential Care, and Large Family Day Care, as defined by the HBZSO. Large Family Day Care shall require neighborhood notification pursuant to Section 241.24 of the HBZSO. I cam.+a,,�,�,-nntnhar gni n Page 30 Item 13. - Page 228 -370- Draft Sunset Beach Specific Plan 2. Fences and walls per Section 3.3.5 except as modified by special provisions set out in Section F.3.c "Building sites between Pacific Coast Highway and the Sunset Channel and those building sites fronting on Park Avenue" and Section F.3.d "Building sites between Bay View Drive and Sunset Channel". 3. Garages and/or carports per Sections 3.3.4 and 3.3.7. 4. Home occupations per the HBZSO. 5. Noncommercial keeping of pets and animals per the City of Huntington Beach Municipal Code. 6. Pools and spas, except due to the limited sewerage capacity, no such swimming pool or spa over 1000 gallons shall be connected to, or drained into, the public sewer system. 7. Signs per Section 3.3.6, except business signs which are prohibited. 8. Tennis courts. 9. Detached accessory buildings in compliance with Section 3.3.7. E. Prohibited Uses. 1. All uses not permitted above are prohibited. 2. The storage of vehicles, equipment or products related to a commercial activity. 3. Community and Human Service facilities. F. Site Development Standards The establishment, operation and maintenance of the uses permitted by these district regulations shall be in compliance with the following: 1. Building Height— Up to three stories and not more than 35 feet maximum as measured from the centerline of the frontage street for structures in the FP-3 District or the minimum bottom elevation (see 2 below)for structures outside the FP-3 District. Such height and story calculations shall include mezzanines, patio roof covers, rooftop decks and attics; however, a rooftop deck shall not count as a story. 2. Bottom elevation —for structures outside the FP-3 District, the finished floor elevation for new construction should be a minimum of two feet above the centerline of the frontage street or two feet above the highest perimeter curb elevation of the property, whichever is greater, unless the applicant can prove, using detailed hydrologic and hydraulic calculation, that the proposed finished floor elevation is protected from being flooded from a 100-year flood in a manner meeting the approval of the Director of Planning and Building. Septe nber October 2010 Pa -371- 'tel'1'1 13. Page 229 Draft Sunset Beach Specific Plan Those building sites abutting the Sunset Beach Waterways District, Bay View Drive, or Park Avenue shall have the additional requirement that the finished floor elevation also be set at a minimum two feet above the bulkhead elevation. 3. Setbacks Front setbacks shall be measured from the ultimate right-of-way line. a. Beach Front Building Sites Front setback (street) 5 feet on ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 6 inches all floors, except in front of and alleys garages where 3 feet is required. Side setbacks adjacent to other 3 feet all floors, except for decks building sites. providing access on ground floor where 2 feet is allowed. Rear setback (on the sand) None Required. b. Building sites between North Pacific Ave. and Pacific Coast Highway Front setback (street) 5 feet on ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 3 feet on ground floor except in front and alleys of garages where 5 feet is required; 6 inches above ground floor. Side setbacks adjacent other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback 5 feet on ground floor, 6 inches above ground floor. c. Building Sites between Pacific Coast Highway and the Sunset channel and those building sites fronting on Park Ave., PCH and abutting the Channel. Front setback (street) 5 feet ground floor, 6 inches above ground floor. Side setbacks adjacent to street 6 inches all floors except in front of and alleys garages where 3 feet is required. Side setbacks adjacent to other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. cznfiz__,__r„tizr nr.fnhar 9n1n Page 32 Item 13. - Page 230 -372- Draft Sunset Beach Specific Plan Rear setback (channel) 10 feet from bulkhead or rear property line, whichever is more restrictive on the ground floor, 5 feet above ground floor. See Section 3.3.3.0 (Sunset Beach Waterways)for dock, gangway, and landing criteria. No structure higher than 12 inches from top of the bulkhead shall be permitted in the required rear setback except for a five foot security fence of open weave design to a maximum of 35 percent opaque. This height shall be measured from the top of the concrete bond beam of the existing bulkhead. d. Building Sites between Bay View Drive and Sunset Channel Front setback (street) 5 feet ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 6 inches all floors except in front of and alleys garages where 3 feet is required/ Side setbacks adjacent to other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback (channel) 10 feet from bulkhead or rear property line, whichever is more restrictive on the ground floor, 10 feet on all other floors except that a balcony deck may extend 5 feet into the rear setback measured from the required building setback. See Section 3.3.3.0 (Sunset Beach Waterways)for dock, gangway, and landing criteria. No structure higher than 12 inches from top of the bulkhead shall be permitted in the required rear setback except for a five foot security fence of open weave design to a maximum of 35 percent opaque. This height shall be measured from the top of the concrete bond beam of the existing bulkhead. e. Building Sites between Bay View Drive and Intrepid Lane Front setback (Bay View) 5 feet ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 6 inches all floors except in front of and alleys garages where 3 feet is required. Sapt,,— Qctober 2010 pane '4' -373- Item 13. - Page 231 Draft Sunset Beach S ecific Plan Side setbacks adjacent to other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback (Intrepid Lane) 5 feet all floors except that an open balcony deck on the second or third floor to 6 inches from the property line. 4. Open Areas. New residential units within areas b) and e) above shall include a minimum 90 square feet of open area by providing for 1) rooftop patios, 2) balconies or decks and/or 3) ground floor yards exclusive of required setback areas. Any such open area must have a minimum dimension of four feet six inches, shall be contiguous to the living area, and shall not face onto any adjoining lot. 5. All building plans shall provide an area for the storage of the minimum required number and size trash cans per dwelling unit as required by the trash removal service. This shall be concealed from public view. 6. Off-street parking shall be in conformance with Section 3.3.4 of the Sunset Beach Specific Plan Regulations. Additional parking shall not be required when additions, not exceeding 50 percent of the floor area of the total structure, are made to lawfully nonconforming residential uses. 7. All roof structures, such as air conditioning units, elevator equipment or other roof mounted appurtenances, shall be screened from view and shall not exceed the overall 35 foot height limit, except chimneys and other ventilation structures not to individually exceed the dimensions of two feet by two feet per flue and not to exceed the height of the building by more than 10 percent. 3.3.2 Sunset Beach Tourists A. Purpose The Sunset Beach Tourist (SBT) District is intended to permit the establishment, operation and maintenance of a commercial area that will supply the needs or tourists, visitors, and the local community. Whenever the occupancy or use of any premise is changed to a different use or the existing use is altered, enlarged, expanded or intensified, parking to meet the requirements of this section shall be provided for the new use or occupancy. This provision shall not apply to the addition of rooms or other alterations to lawful nonconforming residential dwellings in a commercial zone that do not increase the total floor area more than 50 percent. As an aid in determining the amount of intensification occurring since 1985, the document prepared by the LCP Board on November 9, 1985, IDENTIFICATION OF PROPERTY ZONED COMMERCIAL ALONG PACIFIC COAST HIGHWAY IN SUNSET BEACH, shall be used as a reference document. -oaP4Pa ,fir nrtnhPr 9n1 n Page 34 Item 13. - Page 232 -374- Draft Sunset Beach Specific Plan B. Principal Permitted Uses The following principal uses are permitted subject to the approval of a Coastal Development Permit and a Conditional Use Permit by the Zoning Administrator. 1. Athletic/health/recreational clubs and centers. 2. Automobile service stations. 3. Bars, night clubs, and cocktail lounges. 4. Beauty shop or barber shop. 5. Parks and playgrounds. 6. Restaurants, drive-ins, and fast food establishment. 7. Other retail and service business associated with the needs of tourists, visitors, and the local community. 8. Hotels, motels. 9. Time-share projects. 10. Commercial boat docks. 11. Bed and breakfast. C. Other Permitted Uses Other permitted uses subject to a Coastal Development Permit and a Conditional Use Permit by the Zoning Administrator. 1. Civic and government uses. 2. Community facility. 3. Public/private utility buildings and structures. 4. Residential Uses: a. Located above the first floor of a Principal Permitted Use. b. Parking for both the primary commercial uses and the residential use conforms to Section 3.3.4 of these regulations. c. Such residential use shall not exceed 50 percent of the gross square footage of the entire structure. Additions to lawful nonconforming residential uses are permitted if their cost does not exceed 50 percent of the market value of the residential use. Septe 'i-r�va Qctober 2010 Pane.4-r; -375- Item 13. a Page 233 Draft Sunset Beach Specific Plan D. Temporary Uses Permitted Seasonal Sales only shall be allowed per the City of Huntington Beach Zoning and Subdivision Ordinance Section 230.86. E. Accessory Uses Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted principal use on the same building site. 1. Garages and carports per Sections 3.3.4 and 3.3.7. 2. Fences and walls per Section 3.3.5. 3. Parking structures. 4. Outdoor dining areas. 5. Signs per Section 3.3.6. F. Prohibited Uses 1. All uses not permitted above are prohibited. 2. Wholesale businesses. 3. Outdoor advertising signs. 4. Sale of food or beverages from vehicles or push carts. 5. Firework sales. 6. Adult entertainment businesses. 7. All Temporary Uses whether under cover or in the open, except as provided in 3.3.3.D above and in General Provision No. 3.2.10. 8. Medical marijuana businesses. 9. Methadone related businesses. 10. Residential Alcohol Recovery, General, as defined by the HBZSO. 11. Residential Drug Recovery and Drug Abuse Centers, as defined by the HBZSO G. Site Development Standards The establishment, operation, and maintenance of the uses permitted by this regulation shall be in compliance with the following provisions: 1. Building height— 35 feet maximum as measured from the minimum bottom elevation (see 2 below). can „ r- )rtnhpr 9nin Page 36 Item 13. ® Page 234 -376- Draft Sunset Beach Specific Plan 2. Bottom elevation —the finished floor elevation for new construction should be a minimum of two feet above the centerline of the frontage street or two feet above the highest perimeter curb elevation of the property, whichever is greater, unless the applicant can prove, using detail hydrologic and hydraulic calculation, that the proposed finished floor elevation has protection from being flooded from a 100-year flood in a manner of meeting the approval of the Planning and Building Director. Those building sites abutting the Sunset Beach Waterways District shall have the additional requirement that the finished floor elevation also be set a minimum of two feet above the bulkhead. 3. Setbacks — Except as noted in a) & b) below, there shall be no required setbacks in the Sunset-Beach Tourist District. a. A three foot setback is required for all structures adjacent to SBR district properties. b. Service stations per the City of Huntington Beach Zoning and Subdivision Ordinance. 4. All roof structures, such as air conditioning units, elevator equipment, or other roof mounted appurtenances, shall be screened from view and shall not exceed the overall 35 foot height limit, except chimneys and other ventilation structures not to individually exceed dimensions of two feet by two feet per flue and not to exceed the height of the building by more than 10 percent. 5. All lighting, both exterior and interior, shall be designed and located to confine direct rays to the building site. 6. All storage in cartons, containers, or trash bins shall be enclosed and shielded from view within a building or by a fence/wall not less than six feet in height. If unroofed, trash bins shall have lids. 7. Off-street parking. Per Section 3.3.4 herein. H. Lawful nonconforming residential use of property: Should any existing lawful nonconforming residential use presently on property zoned commercial be destroyed such may be rebuilt providing it conforms to the provisions of the residential uses and standards contained in the SBR District. 3.3.3 Public Facilities A. Purpose The Public Facilities District, including the Beach Area (SBB), Parking Facility (SBP), and Waterways (SBW) districts, is intended to permit the establishment and maintenance of community services in locations that will best service the uses in Sunset Beach. It is intended that these community facilities be compatible with the other land uses and included beachfront and parks, public parking facilities, and inland waterways. en.,e�-ate nbe October 2010 Pana 47 -377- Item 13. ® Page 235 Draft Sunset Beach Specific Plan B. Sunset Beach Beach Area (SBB) 1. To protect beachfront residences and maintain public and private ocean views and access and to preserve the unique public recreational character of Sunset Beach, the existing beach and sand area shall be maintained in their present form. 2. The 27 existing public access points to the beach delineated in the Sunset Beach Land Use Plan shall be retained and maintained in a manner promoting their use by the general public. 3. From the ocean front property line to the ocean there shall be no roadway, bike path, hiking trail, or parking facility. 4. Permanent above-ground structures on the beach and sand areas shall be prohibited, except for: a. Lifeguard towers b. Other facilities necessary for public safety. 5. Temporary uses and structures accessory to residential development shall be permitted within the 20 foot strip of beach property contiguous to SBR properties subject to a Coastal Development Permit and a Public Property Encroachment Permit. Encroachments shall be limited to temporary/removable deck units, the top elevation of which shall not exceed four feet above the street level of South Pacific Avenue; landscaping not exceeding 30 inches in height above patio/deck surface at full growth; and portable furniture. 6. Fire rings or any other fire on the beach shall be prohibited. 7. There shall be no advertising of any nature on the beach and sand areas. 8. No governmental or private agency shall construct or cause to be constructed any structure including but not limited to jetties, groins, berms, etc., that may alter the natural shoreline processes such as wave action, channel depth, or general beach configuration except when such protective structures are required to protect existing structures or public beaches in danger from erosion. 9. Temporary recreational facilities for general public use may be permitted subject to a special events permit from the City of Huntington Beach. Such facilities shall be located at least 75 feet from residential property lines unless the facility is directly in front of the property of the applicant for the encroachment permit. C. Sunset Beach Parking Facility (SBP) 1. Parking control shall be in accordance with the City of Huntington Beach Municipal Code. 2. The present general configuration and facilities shall be retained. gni n Page 38 Item 13. - Page 2 -378- Draft Sunset Beach Specific Plan 3. There shall be no overhead or underground parking facility. 4. There shall be no parking meters or other mechanical control devices. 5. The City shall consult with the Sunset Beach LCP Review Board for recommendation before any facilities are changed or expanded or additional signs installed. 6. There shall be no advertising of any nature.D. Sunset Beach Waterways (SBW) 1. For greater use by the general public, all channels and public waterways in existence as of February 2, 1965 (on which date, by Resolution 65-112, the Orange County Board of Supervisors established the channel widths) shall be maintained and operated as public waterways, subject to Sections 5 through 11 of the Codified Ordinances and Codes governing County waterways. They shall be properly bulkheaded to prevent erosion and resultant land filling, and dredged to maintain navigable depth and regulated to prevent impediment of channel navigation (as described in Sections 2-2-63 and 2-2-65 of the Orange County Codified Ordinance). All navigable channels shall be retained and maintained at the present width, no part of the channels shall be filled, and no encroachments shall be allowed except for bulkheads, gangways, and docks as provided in item number 2 below. 2. In addition to a Coastal Development Permit from the State, a Harbor Permit (encroachment permit) is required for all existing and proposed bulkheads, gangways, and docks within the Sunset Beach Waterways. Bulkheads not within the SBW will require evidence of sound construction (building permit) concurrent with the application for a a harbor permit for dock and gangway attachments. The right to said permit shall be attached to the property and run with the ownership of the bulkhead frontage. As part of the harbor permit application process, a determination will be made for existing facilities as to whether they are in a state of good repair or a state of disrepair. Docks with inadequate floats resulting in partial submersion, sinking, or listing, broken or inappropriate decking material, inadequate supports or improper fastening devices (such as PVC pipe), and illegal and unsafe electrical wiring shall be deemed to be in a state of disrepair. All existing bulkheads, gangways, and docks will require a harbor permit and be brought into a state of good repair within two years of the adoption of amendment dated August 31, 1983. All applications for a harbor permit shall be submitted to the Sunset Beach LCP Board for their review and recommendations prior to the issuance of said permit. 3. To provide greater public use of Sunset Channel from 11th Street to the northwest end of the channel, the channel encroachment line shall be 20 feet measured from bulkhead face (See Exhibit 3.2, Permitted Encroachment Areas Within Sunset Beach Channel and Exhibit 3.3, Criteria for Sunset Beach Channel Encroachments). Side setbacks for docks shall be two feet from each property line. This provision is intended to replace the pier lines set in Orange County Board of Supervisors Resolution No. 65-112. No deck or I Sept be October 2010 Pana TC) -379- Item 13. m Page 237 Draft Sunset Beach Specific Plan structure shall extend over or in front of the bulkhead in any channel, except a four foot by five foot landing or brow shall be permitted to extend past the bulkhead for access to a gangway to docks. 4. To provide maximum public use of inland waterways in the channels running at 90 degrees to Pacific Coast Highway, the channel encroachment line shall be at 40 feet as measured from lot property lines existing prior to January 1, 1965 (see Exhibit 3.2, Permitted Encroachment Areas Within Sunset Beach Channel). 5. All bulkheads, gangways, and docks encroaching on public waterways shall be maintained in a state of good repair at all times. Failure to repair, upon written notice of the Director of Public Works shall be cause for revocation of the harbor permit. 6. All harbor permits are subject to inspection by City of Huntington Beach or other regulatory authorities. 7. To meet visitor serving needs, the 11th Street public beach shall be retained in its present general configuration, or if reconfigured, shall provide equivalent recreational opportunities and shall be properly maintained. Small boats may be launched at the 11th Street beach provided there is no use of trailers, sand dollies, or mechanical launching equipment. The launching of boats is specifically prohibited at all other publicly owned properties adjacent to Sunset Channel. 8. Any vessel that is occupied with the intent of being used as a residence is prohibited from using dock facilities or mooring_overnight within Sunset Beach. 9. The renting or leasing of docks adjacent to private residences is permitted provided that one nine foot by 18 foot off-street parking space is provided for each boat for which mooring space is rented or leased. I Rznt hnr nr-.tnhnr'?n1n Page 40 Item 13. - Page 238 -380- v c o v. C O... Q 00 v Channel Ln. ro - co CD r 8ayv�uv Dr , l r, i i Pacific Coast Hwy. o " CO w LEGEND ® ® 40'Channel Encroachment Area 20'Channel Encroachment Area Sunset Beach Boundary 0 100 200 400 Feet ® Exhibit 3.2 Permitted Encroachment Areas Within Sunset Beach � D pp9� D qqi�5� P �b � Draft Sunset Beach Specific Plan Note: Dimensions shown are maximum allowable for landing brow and encroachment area, and minimum allowable for side setback from each property line. This drawing is presented as general criteria for the installation of dock facilities and shall not be used in lieu of plans and specifications per the City of Huntington Beach Municipal Code. I I I rt LOT -LANDING BULKHEAD BROW L 1 -GANGWAY a w '2'. PIER/DOCK Q Cr X I I wI I d I � I I I CHANNEL 4'2' 4 2'+ _ EACH OF BULKHEADCHANNEL Exhibit 3.3 Criteria For Sunset Beach Channel Encroachments 04 ntamhnr nrtnhpr gnin Page 42 Item 13. - Page 240 -382- Draft Sunset Beach Specific Plan 3.3.4 Parking Requirements Off-street parking regulations, including minimum parking stalls required and bicycle parking, shall be provided in compliance with the City of Huntington Beach Zoning and Subdivision Ordinance Chapter 231 except that: 1. Residential a. Parking stall size for residential uses shall be a minimum of nine feet by 18 feet, whether the stall is covered or uncovered. b. One half of the required parking may be tandem for residential lots having less than 46 feet of street frontage. 2. All Other Permitted Uses a. No owner or tenant shall lease, rent, or otherwise make available to intended users any off-street parking spaces required by this article. b. Parking stalls for commercial uses requiring backing onto public streets shall be prohibited, except where they presently exist. In the case of minor alterations to existing structures, nonconforming parking stalls may remain subject to a Coastal Development Permit. Minor alterations are defined as those that 1) do not increase the intensity of use and 2) do not increase the existing parking capacity. c. Subject to a Coastal Development Permit by the Planning Commission, the off-street parking facilities may be located on separate non-contiguous building sites subject to recorded covenant that would guarantee their continuous maintenance for the uses they serve. Non-contiguous building sites shall be within 470 feet of the site of the uses they serve. d. Up to 50 percent of the required parking for commercial uses may be compact size, eight feet by 15 1/2 feet, subject to a Coastal Development Permit. The point of entry or exit for compact space shall be no closer than 20 feet from the ultimate right-of- way at the street opening. e. One-way accessways shall have a minimum width of 14 feet unless it is a fire lane which requires a minimum of 20 feet. However, see also General Provision 3.2.4. f. Two-way accessways shall have a minimum width of 24 feet. However, see also General Provision 3.2.4. g. The point of exit or entry from any off-street parking space, except compact, may be at the ultimate right-of-way to a street opening. h. Aisle width requirements of the City of Huntington Beach Zoning and Subdivision Ordinance shall prevail, except that one-way aisles with parallel parking on one or both sides shall be a minimum of 12 feet. September-October 2010 Pane a� -383- Item 13. m Page 241 Draft Sunset Beach Specific Plan i. Up to 40 percent of the required parking spaces may be tandem parking subject to a Coastal Development Permit by the Planning Commission. j. Subject to a Coastal Development Permit by the Planning Commission, a reduction in the number of required parking spaces may be allowed for uses which utilize shared parking site between uses that have different peak parking periods. 3. Minimum parking stalls required by specific use within Sunset Beach are set out as follows: Use Stall Required a. Automobile, truck, boat, trailer, or 1 space for each 400 sq. ft. of gross similar vehicle sale or rental __floor area, except area used establishments. exclusively for storage or loading and 1 space for each 1000 sq. ft. of outdoor sales, display, or service area. b. Automobile service stations. 2 spaces for each lubrication stall, rack, or pit, plus 1 space for each gasoline pump outlet C. Beauty shop or barber shop. 2 spaces for each of the beauty station or barber chair d. Child care center, day nursery, 1 space for each staff member, plus 1 preschool, or nursery school. space for each 5 children or 1 space for each 10 children where a circular driveway or its equivalent designed by contiguous flow of passenger vehicles for the purpose of loading and unloading children. e. Commercial boat docks. 1 space for each 35 feet of boat dock or boat mooring with a minimum of 1 space per boat. In addition, where commercial docks are used to load or unload passengers on a commercial or fee basis, there shall be 1 additional onsite parking space required for each 2 passenger or passenger capacity of the boat. I Page 44 Item 13. - Page 242 -384- Draft Sunset Beach Specific Plan f. Commercial service 1 space for each 400 sq. ft. of gross establishments, repair shops, floor area, except floor area used motor vehicle repair garages, and exclusively for storage or loading, plus similar establishments. 1 space for each 500 sq. ft. of outdoor sales, display, or service area. g. Dance halls, pool or billiard parlors, 1 space for each 3 persons allowed roller or ice skating rinks, exhibition within the maximum occupancy load as halls, including private clubs and established by local, County, or State lodge halls. fire, building, or health codes, or 1 space for each 75 square foot of gross floor area, whichever is greater. h. Food store, grocery store, 1 space for each 225 sq. ft. of gross supermarket, or similar use. floor area. i. Furniture store, appliance store, 1 space for each 500 sq. ft. of gross machinery rental, or sale store floor area, except floor area used (including motor vehicle rental or exclusively for storage or loading, plus sales), and similar establishments 1 space for each 50.0 sq. ft. of outdoor which handle only bulky sales, display or service area. merchandise. j. General office and other business 1 space for each 250 sq. ft. of gross technical service, administrative or floor area professional offices including real estate. k. General retail stores, except as 1 space for each 225 sq. ft. gross floor otherwise noted. area. I. Laundromats. 1 space for each 4 machines. M. Medical/dental office or clinic. 1 space for each 150 sq. ft. of gross floor area n. Motel or hotel. 1 space for each guest unit. 2 spaces for any unit having facilities other than bathroom, e.g., kitchen, wet bar; etc. o. Private golf course, swim club, 1 space for each 4 persons based country club, tennis club, recreation upon maximum capacity of all facilities center, or similar use. capable of simultaneous use as determined by the staff, plus 1 space for each 2 employees. Septe nber October 2010 Pan,-AS -385- Item 13. - Page 243 Draft Sunset Beach Specific Plan p. Residential. 2 spaces for each dwelling unit q. Restaurants, night clubs, bars and 1 space for each 100 sq. ft. of serving similar establishments for the sale area. There shall be a minimum of 10 and consumption of food and spaces on-site without regard for the beverage on the premises. sq. ft. of service area. r. Tennis courts, open to the public. 2 spaces for each court. S. Veterinary hospital. 1 space for each 150 sq. ft. of gross floor area. t. Other. All other uses shall be defined by the City of Huntington Beach Zoning and Subdivision Ordinance. 3.3.5 Fences and Walls For purposes of this section, "fences and walls" include any type of fence, wall, retaining wall, sound attenuation wall, or screen. Fences/walls shall be in compliance with the following regulations. However, walls that are located within the interior of an approved tract map and are part of the initial development of that tract map shall be exempt from these regulations. Subsections 'A" and "Y only shall also apply to hedges, or thick growth of shrubs, bushes, or trees. Fence/wall heights shall be measured from the base of the fence/wall to the top on interior or exterior side, whichever is greater. 1. Main building area. In the area where a main building may be constructed, the district building height regulations apply. 2. Setback areas bordering streets. a. The maximum height shall be three and one-half feet within any required front setback area and six feet within any rear or side setback area (through which no vehicular access is taken) adjoining a street, up to a maximum depth of 20 feet. b. That portion of a building site where vehicular access rights have been dedicated to a public agency may have a six feet high fence/wall. c. Fences/walls that border major arterial highways may be six feet high and as high as eight feet if: i. The major arterial is elevated two feet or more above the building site elevation, or ii. The exterior side measurement of the wall is not more than six feet in height. I 5;oPfQ x3hPr nrfnh,-r 9nin Page 46 Itei'1'1 13. - Page 244 -386- Draft Sunset Beach Specific Plan 3. Setback areas not bordering streets. The maximum height shall be six feet within any required front, rear, or side setback area not adjoining a street. However, where the elevation of an adjoining building site to the side or rear is higher than the base of the fence or wall in the side or rear setback area, the height of the fence or wall may be measured from the elevation of the adjoining building site to the top of the fence or wall. However, in no case shall such a fence or wall exceed eight feet from the base of the fence/wall to the top as measured from the adjoining site. 4. Access intersection areas. Notwithstanding "2" above, the maximum height shall be three and one-half feet within five feet of the point of intersection of: a. An ultimate street right-of-way line and an interior property line; b. An ultimate street right-of-way line and the edge of a driveway or vehicular accessway; c. An ultimate street right-of-way line and an alley right-of-way line; and d. The edge of a driveway or vehicular accessway and an alley right-of-way line. 5. Street intersection areas. Notwithstanding "2" above, the maximum height shall be three and one-half feet within the triangular area formed by drawing a straight line between two points located on, and 15 feet distant from, the point of intersection of two ultimate street or highway right-of-way lines extended. 6. Modifications permitted. Exceptions and modifications to the fence and wall height provisions may be permitted subject to the approval of a conditional use permit by the Zoning Administrator per the Huntington Beach Zoning and Subdivision Ordinance. 3.3.6 Sign Regulations All references to this section shall include Section 1 through 9. 1. Purpose The purpose of this section is to establish standards for the control of signs in Sunset Beach that require protection of vistas of the natural landscape, scenic corridors and highways, recreational facilities, and routes used for access to recreational areas and facilities. The intent of these regulations is to minimize the number of signs and to encourage the use of sound planning and design principles in the use of signs to complement the main use of the property. Also to promote the visitor-serving Septe Ober-October 2010 Pan,-47 -387- Item 1 . ® Page 245 Draft Sunset Beach Specific Plan commercial/recreational facilities designed to enhance public opportunities for coastal recreation. 2. General Provisions a. Uncertainty. Whatever uncertainty exists as to the intent or wording of this article, the Sunset Beach Local Coastal Program Review Board shall be consulted to make an interpretation. The decision of the Planning and Building Director shall be final unless appealed. Appeals will require the filing of a Coastal Development Permit for a public hearing. b. Except for special event signs, all permitted signs shall be located on the same site as the use they identify or the goods they advertise. Exception —Special event signs may be located off-site with the approval of the City of Huntington Beach. 3. Permitted Permanent Signs a. Business sign: A sign displaying information pertaining to goods or services offered or produced by the business located on the property but not including advertising devices/displays. Business signs may include the identifying name of a business. b. Civic activity sign: A bulletin board customarily incidental to places of worship, libraries, museums, and other public institutions. c. Identification sign: A sign identifying the name and symbol/insignia of an existing or future community, building, business, facility, organization, person, etc. 4. Permitted Temporary Signs Temporary Signs are permitted in any district (except where prohibited). A Coastal Development Permit will not be required if the sign does not exceed the height of existing structures on a site. a. The following signs are permitted: i. Real Estate signs: In any area one real estate sign shall be permitted on any building site or business property, not to exceed four square feet in area, unlighted and unilluminated. ii. Construction signs: One construction sign shall be permitted on any building site, in any area, except where specifically prohibited, unlighted and unilluminated and not to exceed a total area of 16 square feet. b. Upon review and recommendation of the LCP Review Board and approval of the Planning and Building Department, the following signs are permitted: i. Special Event signs: For community sponsored events such as the Firemen's Ball, Chili Bean Feed, Art Festival, and Pancake breakfast, etc. e44:,+�nn.fnhpr qmn Page 48 Item 13. - Page 246 -388- Draft Sunset Beach Specific Plan ii. Portable signs: One portable sign shall be permitted on any building site zoned for commercial use, unlighted and unilluminated and not to exceed a total of 16 square feet or five feet in height. Portable signs are not allowed in any road or pedestrian right-of-way. 5. Prohibited Signs a. Signs which resemble or conflicts with any traffic-control device or conflict with safe and efficient flow of traffic. b. Signs which create a safety hazard by obstructing clear view of pedestrian and vehicular traffic. c. Outdoor advertising signs (e.g. billboards). d. Advertising device/display. e. Banner signs. 6. Sign Definitions Except as defined by these regulations, signs shall have the same definitions per the Zoning and Subdivision Ordinance Chapter 233. 7. Lighted/Illuminated Signs Lighted and illuminated signs shall be designed and installed so that direct light rays shall be confined to the premises. 8. Signs Abutting Residential Areas On the ocean side of Pacific Coast Highway business and identification signs facing the ocean are permitted providing they are no more than 32 square feet in area. If lighted, it shall be by external lighting only with the rays directed on the sign face only. 9. Sign Measurements a. Sign Area: The entire area within which a single continuous perimeter of not more than eight straight lines enclose the extreme limits of writing. Signs shall not exceed one square foot of sign area for each linear foot of building frontage. The total aggregate sign area for such signs shall not exceed 125 square feet for each property. If the building frontage of any business is less than 25 feet, only one sign, having a maximum area of 25 square feet, shall be permitted for each such business. Signs for the purpose of identifying public access to the Ocean/Beach located at Anderson/Pacific Coast Highway and at Warner shall not exceed four square feet. I Septem�Qctober 2010 Pana dq -389- Item 13. - Page 247 Draft Sunset Beach Specific Plan b. Sign Height: The greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign. Signs shall not exceed the building height limit of the district in which they are located. i. Pole and roof signs: Maximum height 25 feet. ii. Wall signs: Maximum height 35 feet. 3.3.7 Accessory Uses and Structures In addition to the principal uses and structures expressly included in the Specific Plan, accessory uses and structures which are customarily associated with and subordinate to a permitted principal use on the same building site and which are consistent with the purpose and intent of the Specific Plan are permitted. Whenever there is a question as to whether a specific use or structure is permitted as an accessory use, the Planning and Building Director shall make the determination. 1. Discretionary action required. Accessory uses and structures shall be subject to a discretionary action per Section 4.2 when one or more of the following apply: a. Required by other zoning regulations, or b. The principal use is subject to a discretionary permit and the accessory structure is over six feet in height. 2. Location of certain attached accessory structures. Accessory structures that are attached to a main building, are enclosed, and are over eight feet in height shall comply with the setback requirements for a main building, except as provided in Section 3.3.7. 3. Location of other accessory structures. Accessory structures other than in "2" above shall be permitted anywhere on the building site except within the following areas, unless otherwise permitted by Section 3.3.7. a. Within the ultimate right-of-way. b. Within the area designated on an approved building line plan as a setback area applicable to accessory buildings. c. Within those areas where fences and walls are limited to a maximum height of three and one-half feet, as specified in Section 3.3.5. d. Within the required front setback area unless provided for by a coastal development permit approved by the Zoning Administrator. I cnn+or c,s�r np.tnhpr qn1 n Page 50 Item 13. - Page 248 -39®- Draft Sunset Beach Specific Plan e. Within the panhandle portion of a panhandle building site. 4_ Height Limit Accessory structures that are within the required setback areas shall be limited to 12 feet in height, unless it is within three feet of a property line, in which case it shall be limited to eight feet in height. However, the height limit may be increased pursuant to a variance approved by-the Zoning Administrator. 5. Building site coverage within setback areas. Accessory structures shall be limited to the following site coverage within the required setback area: Required Setback Area Enclosed Structure Unenclosed Structure Front 0% 0%* Rear 25% 50% Side 25% 50% *Note: Up to 25 percent building site coverage of the required front setback area shall be allowed for unenclosed structures if provided for by a coastal development permit approved by the Zoning Administrator. 5. Garages and carports. When alleys, private streets, or common driveways are provided specifically as vehicular access to garages and carports and when separate access and circulation systems are provided for pedestrians, guests, and emergency vehicles, attached and detached garages and carports may be placed anywhere within the rear setback area except within those areas where fences and walls are limited to a maximum height of three and one-half feet as specified in Section 3.3.5. See also Section 3.3.4.2.g. 7. Satellite dish antennas. Satellite dish antennas shall be permitted in any residential district if one meter or less in diameter and permitted in any commercial district if two meters or less in diameter. 3. Swimming pools. Swimming pools shall not be constructed within three feet of vehicular right-of-way or property line or within those areas described as access intersection areas and street intersection areas per Section 3.3.5. 3.3.8 Flood Plain District The Huntington Beach Zoning and Subdivision Ordinance Floodplain Overlay District Regulations and County of Orange Coastal Flood Plain Development Study as amended are hereby incorporated into the Sunset Beach Specific Plan and shall be applicable as designated by the floodplain map. Finished floor elevations shall also be in compliance with Section 3.3 Site Development Standards. se^#�,�te igber October 2010 Pane _i1 -391- Item 13. - Page 249 Draft Sunset Beach Specific Plan 4. Administration The methods and procedures for implementation and administration of the Development Standards, as well as the guidelines and other conditions of this Specific Plan are prescribed below. 4.1 Enforcement of the Specific Plan The City's Planning and Building Director shall administer the provisions of the Sunset Beach Specific Plan in accordance with the State of California Government Code, Subdivision Map Act, the Huntington Beach Municipal Code, the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), the City's General Plan and the City's Local Coastal Program. The Specific Plan development procedures, regulations,-standards and specifications shall supersede the relevant provisions of the City's Zoning Code (Huntington Beach Zoning and Subdivision Ordinance), as they currently exist or may be amended in the future. Any development regulation and building requirement not addressed in the Specific Plan shall be subject to the City's adopted regulations in effect at the time of an individual request. 4.2 Methods and Procedures The methods and procedures for implementation of the Specific Plan shall be on a project-by- project basis. The adoption of the Specific Plan alone will not require any improvements to the Specific Plan area. Physical improvements will only coincide with the approval of development projects. The Specific Plan is a regulatory document and is not intended to be a Development Agreement. Coastal Development Permits Coastal Development Permits shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. Conditional Use Permits Conditional Use Permits shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. Tentative Maps Tentative Tract or Parcel Map(s) shall be in compliance with the provisions and procedures of the Huntington Beach Zoning and Subdivision Ordinance. Tentative Maps require a Coastal Development Permit. Variances Variances shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. —'�:,�ntc�hnr nr.tn pr gni n Page 52 Item 13. - Page 250 -392- Draft Sunset Beach Specific Plan Appeals Any decision or determination may be appealed in accordance with applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance. In addition, the majority of Sunset Beach is in an appealable area such that coastal development permits approved by the local jurisdiction may be appealed to the California Coastal Commission. Permitted uses are subject to appeal to the California Coastal Commission per the Zoning and Subdivision Ordinance if within an appealable area. Certificate of Occupancy Certificates of Occupancy shall be processed pursuant to the City of Huntington Beach Municipal Code. Sunset Beach LCP Review Board The County's Sunset Beach LCP was developed largely through the vigorous efforts of the Sunset Beach community through the LCP Advisory Committee. Subsequent to the County's LCP adoption, the Board of Supervisors designated the Sunset Beach LCP Conformity and Violation Review Board (commonly known as the "LCP Board") as the official citizen's review group in Sunset Beach. The Committee helped identify the community lifestyle and special needs of Sunset Beach. It recognizes the complex needs and limits of planning an area that is 96 percent developed. Coastal Act Policies have been applied with sensitivity to the existing community. The Sunset Beach LCP Review Board provides continuing community participation in the long- term process of implementing the provisions of this Specific Plan. Such process does not replace the current mode of community participation, but provides a centralized forum for obtaining community opinion and for transmitting recommendations to the City. The LCP Review Board's specific function and membership is contained in a separate document titled "Bylaws of the Sunset Beach Advisory Committee (LCP Board)." In addition, the Director of Planning and Building shall forward the following items to the Sunset Beach LCP Review Board: ® All discretionary permit applications, special event permits and harbor permits for review and comment at least 21 calendar days prior to final action by the approving authority. Any changes to floor plans or site plans associated with the discretionary permit shall be resubmitted to the Review Board prior to final action by the City. ® Requests for Special event signs and Portable signs. ■ A copy of all Certificates of Occupancy issued by the City for their records. ® A copy of Certificates of Occupancy and encroachment permits issued for any use of public properties within three days of issuance for their records. ' September ctober 2010 -393- Item 13. - Page 251 Draft Sunset Beach Specific Plan Nonconforming Uses and Structures Nonconforming uses and structures are subject to the City of Huntington Beach Zoning and Subdivision Ordinance Chapter 236 except as otherwise noted in these regulations. 4.3 Specific Plan Amendments The Specific Plan may be amended. The Planning and Building Director shall have the discretion to determine if requests for modification to the Specific Plan are minor or major. Minor modifications may be accomplished administratively by the Director. Major modifications will require the processing of a Zoning Text Amendment and Local Coastal Program Amendment, subject to the City's processing regulations in place at the time of the request. Minor modifications are simple amendments to the exhibits and/or text that are intended to clarify and not change the meaning or intent of the Specific Plan. Major modifications are amendments to the exhibits and/or text that are intended to change the meaning or intent of the Specific Plan. Proposed amendments for both minor and major modifications shall be forwarded to the Sunset Beach LCP Review Board by the Planning and Building Director at least 21 days prior to action by the Planning Commission. 4.4 Severability If any section, subsection, sentence, clause, phrase, or portion of this title, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title, or any future amendments or additions hereto. The City hereby declares that it would have adopted these titles and each sentence, subsection, clause, phrase, or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto may be declared invalid or unconstitutional. c ,�r nr-.tn pr gnin Page 54 Item 13. ® Page 252 -394® Draft Sunset Beach Specific Plan Appendices A. Legal Description EXHIBITA PROPOSED"SUNSET BEACH ANNEXATION(AN 10__)" That portion of fractional Section 24,Township 5 South,Range 12 West,and those portions of fractional Sections 19 and 30,Township 5 South,Range I I West,of the San Bernardino Meridian,in the County of Orange,State of California according to the official plat of said land filed in the District Land Office described as follows: Beginning at the northerly terminus of that certain course in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No.920 of said city shown as having a bearing and distance of"South 210 43' 12"West,249.38 feet",said northerly terminus also being the most easterly comer of Tract No. 21 as per map recorded in Book 9,Page 22 of Miscellaneous Maps,in the office of the County Recorder of said County;thence along said City Boundary Line the following courses: Course 1: South 21'43' 12"West a distance of 249.38 feet, Course 2: South 07'5607"West a distance of 53.74 feet to a point being in a curve concave to the northeast having a radius of 2940 feet;a radial line of said curve from said point bears North 449 2'36"East, Course 3:Southeasterly a distance of 63.71 feet along last mentioned curve through a central angle of 0VIT30", Course 4.South 47101'54"East a distance of 279.29 feet to the beginning of a tangent curve concave to the southwest having a radius of 3060 feet, Course 5:Southeasterly a distance of 195.23 feet along said last mentioned curve through a central angle of 03'39'20", Course 6:South 43'22'34"East a distance of 1599.82 feet to the beginning of a tangent curve concave to the southwest having a radius of 3050 feet, Course 7:Southeasterly a distance of 183.58 feet along said last mentioned curve through a central angle of 03'26'55",to a point on a line parallel with and 30.00 feet southerly, measured at right angles,from the centerline of Los Patos Avenue(Warner Avenue)as said centerline is shown on a map filed in Book 53,Page 40 of Records of Survey in the office of said County Recorder,said point being the most southwesterly comer in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No.3489 of said city;thence leaving;_1 said city boundary, Course 8: South 89'5 F53"West a distance of 377.41 feet along said parallel line to a point in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1126 of said city,said point also being southeasterly along said City Boundary line 40,61 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of"North 42028'13"West, IS 16.06 feet";thence along said City Boundary Line, September Qctober2010 -395- Item 13. - Page 253 Draft Sunset Beach Specific Plan EXHIIRIT A PROPOSED "SUNSET BEACH ANNEXATION(AN 10-__)" Course 9:North 43°2354" West a distance of 40.61 feet, Course 10: South 89°51'53" West a distance of 291.59 feet, Course 11: South 4990'33" West a distance of 344.56 feet to a point in the Mean High 'Tide Line of the Pacific Ocean as shown on Record of Survey 2010-1097 recorded in Book 241,Page 3 in the office of the County Recorder of said County, said point also being the southeasterly terminus of that certain course shown as having a bearing and distance of"North 41°43'52" West,388.69 feet";thence along said Mean High Tide Line the following courses: Course 12:North 42°38'49" West a distance of 388.69 feet, Course 13:North 44°46'59" West a distance of 1085.55 feet, Course 14:North 44°33'21" West a distance of 1283.71 feet, Course 15:North 43°4438" West a distance of 1709.89 feet, Course 16:North 41°23'09" West a distance of 968.62 feet, Course 17: Not 47°20'53" West a distance of 703.78 feet to a point in the southeasterly City Boundary Line of the City of Seal Beach,County of Orange,State of California, said boundary having been established as Annexation No.76-1 to said city, said point also being distant southwesterly along said City Boundary line 368.70 feet from the easterly corner of said Annexation No. 76-1;thence leaving said Mean High Tide Line and along said City Boundary Line, Course 18:North 49°3536" East a distance of 368.70 feet to the most,easterly corner of said Annexation No. 76-1, said corner also being the most southerly coiner in said city boundary established as Annexation No. 67-1 to said city;thence along;said City Boundary Line, Course 19:North 49135'36" East a distance of 511.00 feet to the most westerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 919 of said city,said corner being in a curve concave to the southwest having;a radius of 1060 feet,a radial line of said curve from said point bears South 25°58'14" West(South 26°05'34" West per said Ordinance No.919);thence along said City Boundary Line the following courses: Course 20: Southeasterly a distance of380.17 feet along said last mentioned curve through a central angle of 20°32'58", -2- c,nnt,=nhnr nrtnhPr qn1 n Page 56 Item 13. m Page 254 -396- Draft Sunset Beach Specific Plan EXIIIBITA PROPOSED "SUNSET BEACH ANNEXATION(AN 10_)" Course 21: South 43°28'48"East a distance of 389.02 feet to the beginning of a tangent curve concave to the southwest having a radius of 1060 feet, Course 22: Southeasterly a distance of 341.40 feet along said last mentioned curve through a central angle of 18°2712", Course 23: South 25°01'36"East a distance of 63.84 feet to the beginning of a tangent curare concave to the northeast having a radius of 940 feet, Course 24: Southeasterly a distance of 117.68 feet along said last mentioned curve through a central angle of 07°10'23", Course 25: South 32*11'59"East a distance of 35.23 feet to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 26: Southeasterly a distance of 186.20 feet along said last mentioned curve through a central angle of 11'20'58", Course 27: South 43°3257"East a distance of 563.44 feet along to the beginning of a tangent curve concave to the northeast having a radius of 940 feet, Course 28: Southeasterly a distance of 136.93 feel along said last mentioned curve through a central angle of 08°20'46", Course 29: South 51°53'43"East a distance of 179.28 feet to the most southerly corner of said Ordinance No.919 of said city, Course 30:North 46'31°47"East a distance of 323.43 feet to the most easterly corner of said Ordinance No.919 of said city,said corner also being a point along that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No.800 of said city,a distance of 1008.96 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of "North 42°45'00"West,2727.12 feet";thence along said City Boundary Line, Course 31: South 42°2834"East a distance of 980.00 feet to the most northerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1089 of said city;thence along said City Boundary Line, Course 32:South 46°45' 11"West a distance of 55.00 feet, Course 33: South 43'14'49" East a distance of 375.00 feet, Course 34:North 46°45'11"East a distance of 15.00 feet, Course 35: South 43314`49"East a distance of 111.77 feet, -3 - September-Qctober 2010 Parr f;7 -397- Item 13. - Page 255 Draft Sunset Beach Specific Plan EXHIBIT A PROPOSED "SUNSET BEACH ANNEXATION(AN 10-_)" Course 36:North.75°4626"East a distance of 33.80 feet along said City Boundary Line to an intersection with that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city,said intersection also being northwesterly along said southwesterly boundary 261.60 feet from the southeasterly terminus of that certain course shown as having a bearing and distance of"North 42°45'00" West and a length of 2727.12 feet";thence along said City Boundary Line, Course 37: South 42°2834"East a distance of 261.60 feet, Course 38: South 471 T34" East a distance of 35.00 feet to the Point of Beginning. Containing an area of 133.88 acres,more or less. Attached hereto and made a part hereof is a map designated as EYMBIT R SURVEYOR'S CERTIFICATE This proposal was prepared by me or under my supervision. LA Jeremy L. 9vans, PLS 5282 Date: Expires: December 31,2011 �PtZ-3�t-Zort-Zorn OF AU���� This proposal does meet the approval of the Orange County Surveyor's Office. Dated this^_ day of ____201—. By: Raymond L.Mathe,County Surveyor PLS 6185,Expiration Date: March 31,2012 -4- Ria^t mhi:,r r.tnhQr,?nl n Page 58 Item 13. o Page 256 -398- ATTACHMENT #8 ua�— Ll -399- Item 13. - Page 257 CITY 70F HUNTINGTON BEACH PLA NAG AI DINGDEPART'1V�ENT EGAT VE DECLA Z TION NO I0 1. PROJECT TITLE: Sunset Beach Specific Plan and Annexation Concurrent Entitlements: General Plan Amendment 10-002, Zoning Text Amendment No. 10-002,Zoning Map Amendment No. 10-001;Local Coastal Program Amendment No. 10-001 and Annexation No. 10-001 2. LEAD AGENCY: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Mary Beth Broeren, Planning Manager Phone: (714) 536-5550 3. PROJECT LOCATION: The approximately 109 acre unincorporated Sunset Beach area is located at the northwest end of the City of Huntington Beach and is generally bounded by the City of Seal Beach to the north, the Pacific bc,_-an .0 s.he west and south and the City of Huntington Beach to the east and southeast. The northern limit of the Sunset Beach area is Anderson Street and the southern limit is Warner Avenue. Approximately 76 acres of the Sunset Beach area are developed or used for waterways. The remaining 33 acres is beach sand. 4. PROJECT PROPONENT: City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Contact Person: Paul Emery,Deputy City Administrator Phone: (714) 536-5482 5. GENERAL PLAN DESIGNATION: Existing County of Orange Urban Residential, Community Commercial, Open Space Proposed City of Huntington Beach RH-30-sp(Residential High Density-greater than 30 units per acre with a Specific Plan Overlay), CV-mu-sp(Commercial Visitor with a Mixed Use Overlay and a Specific Plan Overlay), OS-S-sp(Open Space— Shoreline with a Specific Plan Overlay), OS-W-sp(Open Space— Water Recreation with a Specific Plan Overlay), and Public-sp(Public with a Specific Plan Overlay). ZONING: Existing County of Orange Sunset Beach Specific Plan Proposed City of Huntington Beach Sunset Beach Specific Plan (Specific Plan No. 17). G:IENVIRONMICHECKLST Page 1 Item 13. ® Page 258 -400- ATTACHMENT NO, . t 6. PROJECT DESCRIPTION: The project involves five components: 1)annexation application to Orange County Local Area Formation Commission(LAFCO)to annex the Sunset Beach area to the City of Huntington Beach; 2)general plan amendment to establish City general plan designations for the area and make text changes referencing Sunset Beach, 3)adoption of the City of Huntington Beach Sunset Beach Specific Plan, 4)zoning map amendment to establish the proposed Sunset Beach Specific Plan as the new zoning for the area,and 5) local coastal program amendment to establish land use plan designations,make text changes referencing Sunset Beach and to reflect the Specific Plan and zoning for the area per items 3)and 4). Future references in this document to "the project"refer to all five proposed actions: annexation, general plan amendment,adoption of the Specific Plan,zoning map amendment and local coastal program amendment. Annexation The City is proposing to annex the 109 acre Sunset Beach area located in the jurisdiction of the County of Orange. The annexation process is initiated by resolution by the City of Huntington Beach City Council. General Plan Amendment The second component of the proposed project involves establishing City General Plan designations for the annexation area. The project would amend the General Plan Land Use Map (Figure LU-5)to establish General Plan land use designations for the Sunset Beach area as follows - approximately 22.3 acres for Residential High Density-30, 9.2 acres for Visitor Serving Commercial-Mixed Use Overlay, 13.0 ac i,,;-- fir Public, 3.4 acres for Open Space-Water Recreation and 33.2 acres for Open Space-Shy 4iine. l is remainder of the area is right-of-way. The entire area would also have a Specific Plan Overlay. The proposed City of Huntington Beach General Plan land use designations mirror those of the existing Co€unty of Orange Land Use Plan for Sunset Beach. The General Plan Amendment would designa��: A_�. Beach area as Subarea 4L on the Community District and Subarea Schedule (Figure LU-6 and 1 ab.M �,tJ 4) and would amend Table LU-3 to add a reference to "specific plans" for the Mixed Use Overlay. In addition, the General Plan Amendment would update figures to reflect the change in the City`:, t ,:.1.:d`ary, would make minor wording changes to the Utilities Element and would update the Recreation and Community Services Element to reflect update recreational amenity information. Prezoning(Zoning'Text Amendment and Zoning Map Amendment) The third and fourth components of the project involve adoption of a specific plan(zoning text amendment)and change to the zoning map for the annexation area in accordance with LAFCO procedures. LAFCO requires that the City establish site zoning before annexation is approved by LAFCO_ The Zoning Text Amendment application is a request to create the Sunset Beach Specific Plan that will pr v i i:c development standards for the Specific Plan area. The Specific Plan has been prepared to be consistent with the intent of the existing County of Orange Sunset Beach Specific Plan and will not result in an increase in the density or intensity of land use beyond what is set forth in the County's Specific Nan. The Zoning Map Amendment request would amend the City Zoning Map to establish the Specific Plan zoning for the area. The total acreage of the Specific Plan area is as follows (refer to Exhibit I for locations): General Plan Designation/Specific Plan District Residential High Density/Sunset Beach Residential: 22.32 acres Commercial Visitor/Sunset Beach Tourist: 9.16 Public/Sunset Beach Parking 13.00 Open Space Waterway/Sunset Beach Waterway 3.40 Open Space Shoreline/Sunset Beach Beach 33.17 Right of WayNght of Way 28.26 Total: 109.31 Page 2 -401- AT Item 13. - Page 259 W I '- Pacific fSoNst HWy Pacific-Coabt>.rjw. ,- at a .,4i%tl•M.,a•.r,;: :v 1lo�a YL;' .a� i .`4'. r s:t•;yY. W LEGEND S R SuSunset Beach Residential-22.32Acres Q Parcels Sunset Beach Tourist-9.16Acres ----- Huntington Beach Boundary Sunset Beach Waterways- 3.40Acres Sunset Beach Boundary � P; Sunset Beach Parking Facility- 13.00Acres Sunset Beach Beach Area-33.17Acres .,.... <v Mamma5wlou pepenm¢i a• z 0 Exhibit 3. 1 Specific Plan Districts W Local Coastal Program Amendment The Local Coastal Program Amendment request would amend the City of Huntington Beach Local Coastal Program Land Use Plan and Implementation Plan to: 1) amend the certified Land Use Plan (Figure C-5) to establish City Land Use Designations for the Sunset Beach area consistent with the General Plan Land Use Designations described above, including designating it as Subarea 4L on the Community District and Subarea Schedule (Figure C-10 and Table C-2); 2) amend Land Use Plan Table C-1 to add a reference to "specific plans" for the Mixed Use Overlay; 3) amend various text sections of the Land Use Plan to include descriptions of the Sunset Beach area and update the figures to reflect the change in City boundary; and 4) amend the Implementation Plan to reflect the Zoning Map Amendment and Zoning Text Amendment described above. 7. EXISTING PROJECT APPROVALS: County of Orange: Approved the Sunset Beach Specific Plan in 1983. Approved Amendment to the Sunset Beach Specific Plan in 1990 California Coastal Commission: - - Certified the County's original Specific Plan in 1985 and certified the amendment in 1991. Orange County LAFCO: In 2009 LAFCO placed the unincorporated Sunset Beach area in the City of Huntington Beach Sphcre of Influence. 8. SURROUNDING LAND USES AND SETTING: The Sunset Beach area is located at the northwest end of the City of Huntington Beach and is generally bounded by the City of Seal Beach to the north,the Pacific Ocean to the southwest and the City of Huntington Beach to the east and southeast. The northern limit of the Sunset Beach area is Anderson Street and the southern limit is Warner Avenue. Across Anderson Street is the Seal Beach residential community of Surfside and various commercial uses. Huntington Harbour and Peter's Landing are located in the City of Huntington Beach to the east, Bolsa Chica State Beach and Bolsa Chica Lowlands are located to the south. 9. OTHER PREVIOUS RELATED ENVIRONMENTAL DOCUMENTATION: None. In approving its Sunset Beach Specific Plan/Local Coastal Program in 1983 and 1990, the County of Orange used the California Environmental Quality Act statutory exemption for the preparation of Local Coastal Program Amendments. 10. OTHER AGENCIES WHOSE APPROVAL IS REQUIRED (AND PERMITS NEEDED): Local Agency Formation Commission(LAFCO)approval of the proposed annexation of the subject property must be completed after the City of Huntington Beach approves pre-zoning in order for the annexation to be recorded and become effective. The Local Coastal Program Amendment is subject to review and approval by the California Coastal Commission prior to becoming effective. Page 4 -403- A Item 13. - Page 261 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact"or is"Potentially Significant Unless Mitigated,"as indicated by the checklist on the following pages. ❑ Land Use/Planning ❑ Transportation/Traffic ❑ Public Services ❑ Population/Housing ❑ Biological Resources ❑ Utilities/Service Systems ❑ Geology/Soils ❑ Mineral Resources ❑ Aesthetics ® Hydrology/Water Quality ❑ Hazards and Hazardous Materials ❑ Cultural Resources ® Air Quality ❑ Noise ❑ Recreation ❑ Agriculture Resources ❑ Greenhouse Gas Emissions ❑ Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, 191 and-a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on ❑ an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an 11 ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a"potentially significant impact"or a"potentially significant unless mitigated impact"on the environment, but at least one impact(1)has been adequately analyzed in an earlier document pursuant to applicable legal standards,and(2)has ❑ been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects(a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and(b)have been avoided ❑ or mitigated pursuant to that earlier EM or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is r red. Signa Date Printed N me Title Page 5 Item 13. o Page 262 -404- ATTACHMENT NO.-As EVALUATION OF ENVIRONMENTAL IMPACT'S: 1. A brief explanation is required for all answers except"No Impact"answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A"No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A"No Impact" answer should be explained where it is based on project-specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off-site as well as on-site, cumulative as well as project-level, indirect as well as direct,and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate, if an effect is significant or potentially significant, or if the lead agency lacks information to make a finding of insignificance. If there are one or more "Potentially Significant Impact"entries when the determination is made, preparation of an Environmental Impact Report is warranted. 4. Potentially Significant Impact Unless Mitigated"applies where the incorporation of mitigation measures has reduced an effect from"Potentially Significant Impact"to a"Less than Significant Impact." The lead agency must describe the mitigation measures,and briefly explain how they reduce the effect to a less than significant level(mitigation measures may be cross-referenced). 5. Earlier analyses may be used where,pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are listed in Section XIX at the end of the checklist. 6. References to information sources for potential impacts (e.g., general plans, zoning ordinances) have i01°ell _ incorporated into the checklist. A source list has been provided in Section XIX. Other sources used or individuals contacted have been cited in the respective discussions. 7. The following checklist has been formatted after Appendix G of Chapter 3, Title 14, California Code of Regulations, but has been augmented to reflect the City of Huntington Beach's requirements. SAMPLE QUESTION- Potentially Significant Potentiall Unless Less ISSUES(and Supporting Information Sources): y Mitigation Than Significan Incorporat Significan No t Impact ed t Impact Impact Would the proposal result in or expose people to potential impacts involving: Landslides? (Sources: 1, 6) El El El 0 Discussion: The attached source list explains that I is the Huntington Beach General Plan and 6 is a topographical map of the area which show that the area is located in a flat area. (Note: This response probably would not require further explanation). Page 6 -405- _Rem 13. ® Page 263 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact I. LAND USE AND PLANNING. Would the project: a) Conflict with any applicable land use plan, policy, or El 11 MR El regulation of an agency with jurisdiction over the project(including,but not limited to the general plan, specific plan, local coastal program, or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? (Sources:#1, 2, 3, 5, 6, 17) Discussion: The proposed annexation,general plan amendment, local coastal program amendment and prezoning for the Sunset Beach area will not result in a conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project(including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. The proposed annexation is within the City's sphere of influence and is contiguous with the City boundary on the east and south. The proposed project is a logical and orderly extension of the City's boundaries and services. The area is almost entirely built out and is a physical extension of the City, and the City currently provides various services to the area as discussed in Issue areas Public Services and Utilities/Service Systems below. The existing development pattern and uses are compatible with existing development in the City on the inland side of Pacific Coast Highway, consisting of similar higher density residential, visitor serving commercial and open space-water recreation uses. The ocean side of the annexation area is dominated by beach,public parking, visitor serving commercial uses and high density residential uses. These uses are consistent with existing uses within the City's coastal area and do not require the creation of new land use designations. As such,the proposed project is consistent with General Plan Land Use Element goal LU 3 and related policies LU 3.1.1 and 3.2.1 relating to annexation as follows: "Achieve the logical, orderly,and beneficial expansion of the City's services and jurisdictional limits."(Goal LU 3) "Require that any lands proposed for annexation are contiguous with the City." (Policy LU 3.1.1) "Require that the existing and future land uses located within the proposed annexation area are compatible with the adjacent City uses." (Policy LU 3.1.2) The proposed project is consistent with the Local Coastal Program Land Use Plan goal C 1, which requires that the City"develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs" and with policy C 1.1.8, which lists five considerations that the City should evaluate when evaluating annexations including the land use goal and policies provided above. The proposed Specific Plan and Land Use Plan do not change the land use goals for the area,maintain the existing access points and do not create any service or facility needs in comparison with the existing County Local Coastal Program for Sunset Beach as approved by the California Coastal Commission. Page 7 Item 13® a Page 264 -406- AT A;%JHNiE 8,_7 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact The proposed prezoning of Sunset Beach with the Sunset Beach Specific Plan is consistent with the City's Zoning Code in that it meets the findings required in Section 215.12 of the City of Huntington Beach Zoning and Subdivision Ordinance.The project meets the findings required for approval of a Specific Plan as follows: "The Specific Plan is consistent with the adopted Land Use Element of the General Plan and, if in the coastal zone,with the certified Local Coastal Land Use Plan, and other applicable policies and is compatible with the surrounding development." The proposed Specific Plan is consistent with the General Plan and Local Coastal Program as described above and is consistent with the surrounding residential,commercial and open space development in that it designates the area for residential, visitor serving commercial, public and open space uses. The proposed Specific Plan has been developed to be consistent with the existing County Sunset Beach Specific Plan and does not propose changes to the permitted uses. "The Specific Plan will enhance the potential for superior urban design in comparison with the development under the base district provisions that would apply if the Plan were not adopted." The Sunset Beach Specific Plan reflects the unique character of Sunset Beach with its smaller lot sizes and extensive areas for public recreation and parking. It carries forward the County's development standards in term of height, setbacks, parking and density to ensure that development occurring after approval of the annexation and other entitlements will be consistent with the quality of existing development within the Specific Plan area. "Deviations from the base district provisions that otherwise would apply are justified by compensating benefits of the Specific Plan." The Sunset Beach Specific Plan contains regulations, for setbacks and parking among others,that are less restrictive than those of the Huntington Beach Zoning and Subdivision Ordinance. These are in recognition of existing conditions and the County's Specific Plan regulations. These regulations allow for the provision of substantial public/open space facilities including the 13 acre linear park/public parking area that provide a direct benefit to the community and general public. "The Specific Plan includes adequate provisions for utilities, services,and emergency vehicle access; and public services demands will not exceed the capacity of existing and planned systems." The Specific Plan contains provisions for the adequate provision of all utilities, services and emergency access to the project area. There are no changes to the existing development standards such that an unanticipated development intensity would occur. Page 8 -407- A Item 13. c E Page 265 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact b) Conflict with any applicable habitat conservation plan or natural community conservation plan?(Sources: #1, 3, 5) Discussion: The proposed project will not conflict with any applicable habitat conservation plan or natural community conservation plan as none exist for the area. Therefore, implementation of the proposed project will not have an impact in this area. c) Physically divide an established community? (Sources:#1, 5, 19) Discussion: The Sunset Beach Specific Plan was created to be consistent with the existing Specific Plan approved by Orange County and the California Coastal Commission. As such,the proposed project is not expected to result in an increase in density or intensity of development that would physically divide the community and would not result in any impact in this area. II. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either El directly(e.g., by proposing new homes and businesses) or indirectly(e.g.,through extensions of roads or other infrastructure)? (Sources: #1, 5, 19) Discussion: The proposed project will not induce substantial population growth in the area. The proposed Sunset Beach Specific Plan reflects the land use plan as approved by Orange County and the California Coastal Commission. There is no change to the number or location of properties designated for residential and commercial development. The proposed Specific Plan does not include any new infrastructure extensions or roadways. Consequently, the project will not induce any new substantial population growth in the area. b) Displace substantial numbers of existing housing, 11 El El El necessitating the construction of replacement housing elsewhere? (Sources:#1, 5, 19) Discussion: See discussion under item c. c) Displace substantial numbers of people,necessitating the construction of replacement housing elsewhere? (Sources: El El 0 #1,5, 19) Discussion b)&e): The proposed project will not displace substantial numbers of existing housing or displace substantial numbers of people necessitating the construction of replacement housing. The proposed project does not require nor propose any physical change to the subject area. Therefore,the proposed project will not create any impacts in these areas. Page 9 Item 13. - Page 266 -408- ATTACHMENT 0. .� Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact III. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as ❑ ❑ ❑ delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Sources: #1, 3, 5, 6, 12, 17, 19) Discussion: See discussion below. ii) Strong seismic ground shaking?(Sources: #1, 6, ❑ ❑ ❑ ❑X 19) Discussion: See discussion below. iii) Seismic-related ground failure, including ❑ ❑ ❑ liquefaction?(Sources: #l, 6, 12, 19) Discussion: See discussion below. iv) Landslides? (Sources: #1,6, 12, 19) ❑ ❑ ❑ Discussion: See discussion below. b) Result in substantial soil erosion,loss of topsoil,or ❑ ❑ ❑ changes in topography or unstable soil conditions from excavation,grading, or fill? (Sources: #5, 19) Discussion: See discussion below. c) Be located on a geologic unit or soil that is unstable, ❑ ❑ ❑ or that would become unstable as a result of the project,and potentially result in on or off site landslide, lateral spreading, subsidence, liquefaction or collapse? (Sources: #1, 12, 19) Discussion: See discussion below. d) Be located on expansive soil,as defined in Table 18-1- ® ❑ ❑ 191 B of the Uniform Building Code(1994),creating substantial risks to life or property? (Sources: 1, 12, 19) Page 10 -409- Item 13® ® Page 267 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact Discussion a) through d): The Newport-Inglewood Fault does not extend into the Sunset Beach area, though it extends through Huntington Harbour approximately half a mile to the east. The area is in a potential liquefaction zone. Sunset Beach is flat and not prone to landslides. The project involves annexation of the approximately 109 acre Sunset Beach area,the amendment of the general plan, local coastal program, zoning map and adoption of the Sunset Beach Specific Plan. The project does not change the location or amount of allowed development compared with existing County approvals and does not propose specific development. Therefore, implementation of the project would not create any impacts relating to exposure of people or structures to substantial adverse effects relating to rupture of a known earthquake fault, strong seismic ground shaking,and seismic-related ground failure, including liquefaction,landslides, etc. The proposed Specific Plan requires compliance with all federal, state and municipal regulations, which would include compliance with the Uniform Building Code as it pertains to geological conditions. No impacts would occur. e)_ Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal ❑ ❑ ❑ systems where sewers are not available for the disposal of wastewater(Sources: #l, 5, 19) Discussion e): The Sunset Beach area will continue to be served by the Sunset Beach Sanitary District upon annexation of the project site. Therefore, the project will have no impact in this area. IV. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge ❑ ❑ ❑ ❑X requirements? (Sources:# 1, 3, 5, 19) Discussion: See discussion below. b) Substantially deplete groundwater supplies or ❑ ❑ ❑ 191 interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g.,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (Sources: # 1, 5, 19) Discussion: See discussion below. c) Substantially alter the existing drainage pattern of the ❑ ❑ ❑ site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or off-site? (Sources: # 1, 5, 19) Discussion: See discussion below. Page 11 Item 13. ® Page 268 -410- ATTACHMENT NO. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact d) Substantially alter the existing drainage pattern of the ❑ ❑ ❑ El site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount or surface runoff in a manner that would result in flooding on or off-site? (Sources: #1, 5, 19) Discussion: See discussion below. e) Create or contribute runoff water which would exceed ❑ ❑ ❑ the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? (Sources: # 1, 5, 19) Discussion: See discussion below. f) Otherwise substantially degrade water quality? (Sources: 9 1, 3, 5, 19) ❑ ❑ ❑ 3 Discussion a)and t): The Sunset Beach Specific Plan area is adjacent to the Pacific Ocean o tad 'viz-hides the Sunset Beach Channel, which is an extension of the Huntington Harbour area. The area d:oc;aot include any streams or rivers and is not a groundwater recharge area. The proposed project reflects the Specific Plan as approved by Orange County and the California Coastal Commission in terms of amount and location of land uses. The proposed Sunset Beach Specific Plan would not result in additional density or intensity of land use beyond what is currently allowed. As such, implementation of the proposed project would not create or contribute runoff that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff or otherwise substantially degrade water quality. The proposed Specific Plan does include a new section on Water Quality,consistent with other City specific plans, requiring compliance with National Pollution Discharge Elimination System(NPDES)requirements and preparation of water quality management plans, as necessary. The project would not have an impact in these areas. g) Place housing within a 100-year flood hazard area as ❑ ❑ ❑ MX mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Sources: #2, 5, 7, 19) Discussion: See discussion below. h) Place within a 100-year flood hazard area structures ❑ ❑ ❑ MX which would impede or redirect flood flows? (Sources: #2, 5, 7, 19) Discussion: See discussion below. Page 12 -���� pItem 13. ® Page 269 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact i) Expose people or structures to a significant risk of ❑ ❑ ❑ loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (Sources: # 1, 2, 5, 7, 19) Discussion g) through i): With the exception of some of the beach area, the entirety of the Specific Plan area is located in FEMA Flood Zone X outside of the 100 year flood hazard area. The small portion of the beach within the Flood Zone is designated as VE. Nonetheless, the County's Specific Plan for the area states that flood damage can occur in Sunset Beach during periods of abnormally high tides and includes flood proofing requirements for new structures along South Pacific Avenue. The County Specific Plan also states that Sunset Channel has been privately bulkheaded and the streets and alleys where they abut the Channel have been bulkheaded by the County. The proposed project would not change land use or zoning designations such that development would be allowed outside of the area designated as Flood Zone X. The City's proposed Specific Plan carries forward the County's floodproofing requirements and requires compliance with the City's Floodplain Ordinance as well. Therefore, implementation of the proposed project would not have any impacts in this area. j) Inundation by seiche,tsunami, or mudflow? ❑ ❑ ❑ (Sources: # 1, 5, 19) Discussion: The proposed project area is not located within an area associated with tsunami run-up nor susceptible to mudflow. However,there is a possibility for seiche in Sunset Channel or the adjacent Huntington Harbour Channels. The proposed project will not result in additional density or intensity of land use,nor change the location of permitted land uses compared with the existing County Specific Plan. Therefore,the proposed project will not result in any impacts relating to risk of inundation from seiche, tsunami or mudflow. k) Potentially impact storm water runoff from 13 0 ❑ construction activities? (Sources: # 1, 3, 5, 19) Discussion: See discussion below. ❑ ❑ ❑ E-XI 1) Potentially impact storm water runoff from post- construction activities? (Sources: # 1, 3, 5, 19) Discussion: See discussion below. m) Result in a potential for discharge of storm water ❑ ❑ ❑ pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing),waste handling,hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? (Source: # 1, 3, 5, 19) Discussion: See discussion below. Page 13 Item 13. - Page 270 -412- • • 13 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact n) Result in the potential for discharge of storm water to ❑ ❑ ❑ \, affect the beneficial uses of the receiving waters? (Sources: # 1, 3, 5) Discussion: See discussion below. o) Create or contribute significant increases in the flow ❑ ❑ ❑ velocity or volume of storm water runoff to cause environmental harm? (Sources: # 5, 19) Discussion: See discussion below. p) Create or contribute significant increases in erosion of ❑ ❑ ❑ 0 the project site or surrounding areas? (Sources: # 5, 19) Discussion items k) through p): The proposed annexation, general plan amendment, local coastal program amendment and prezoning are reflective of the existing Specific Plan as approved by Orange County and the California Coastal Commission. The project would not result in an increase in density or intensity of land use beyond what is currently allowed,and no new construction or development is proposed in association with the project. The proposed Specific Plan does include a section on Water Quality, consistent with other City specific plans,requiring compliance with National Pollution Discharge Elimination System (NPDES) requirements and preparation of water quality management plans, as necessary. The proposed project will not result in environmental impacts to hydrology and water quality. VE AIR QUALITY. The city has identified the significance criteria established by the applicable air quality management district as appropriate to make the following determinations. Would the project: a) Violate any air quality standard or contribute ❑ ❑ ❑ MX substantially to an existing or projected air quality violation? (Sources: 41, 5, 8, 19) Discussion: See discussion below. b) Expose sensitive receptors to substantial pollutant concentrations? (Sources: : #1, 5, 8, 19) ❑ ❑ ❑ ❑X Discussion: See discussion below. c) Create objectionable odors affecting a substantial ❑ ❑ ❑ n number of people? (Sources: : #1, 5, 8, 19) Discussion: See discussion below. Page 14 n -413- A Item 13. - Page 271 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact d) Conflict with or obstruct implementation of the [] ❑ ❑ applicable air quality plan? (Sources: : #1, 5, 8, 19) Discussion: See discussion below. e) Result in a cumulatively considerable net increase of ❑ ❑ ❑ any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Sources: : #1, 5, 8, 19) Discussion a)through e): The City of Huntington Beach and unincorporated Sunset Beach area are located within the South Coast Air Basin. The entire Air Basin is designated as a national-level nonattainment area for ozone, carbon monoxide (CO), respirable particulate matter(PM10) and fine particulate matter(PM2.5). The Basin is also a State-level nonattainment area for ozone,PMio and PM2.5. The proposed project is reflective of the existing Specific Plan as approved by Orange County and the California Coastal Commission and would not result in an increase in density or intensity of lane; _eSe beyond what is currently allowed. No new construction or development is proposed in conjunction �Vith the annexation. Therefore, the project will not result in any impacts to air quality. V1. TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy ❑ ❑ ❑ 0 establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways,pedestrian and bicycle paths, and mass transit? (Sources:41, 5, 19) Discussion: See discussion below. b) Conflict with an applicable congestion management ❑ ❑ ❑ program, including,but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? (Sources: #1, 5, 19) Discussion a) through b): The community of Sunset Beach is served by a network of local streets, with regional access via Pacific Coast Highway,a state highway operated and maintained by the California Department of Transportation. Access via transit is provided by the Orange County Transportation Authority, which operates four routes in the immediate vicinity of Sunset Beach. The Pacific Coast Bikeway follows Pacific Coast Highway and is included in the Master Plan of Countywide Bikeways. Page 1 S Item 13. ® Page 272 -414- �9TAk" T eIC . 15 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact The proposed project involves amending the General Plan and Local Coastal Program, including adoption of the Sunset Beach Specific Plan,and annexation of the Sunset Beach area to the City of Huntington Beach. The Sunset Beach_Specific Plan is reflective of the Specific Plan approved by Orange County and the California Coastal Commission and would not result in an increase in density or intensity of land use beyond what is currently allowed.The Sunset Beach circulation network is fully developed and will not require an extension of infrastructure as a result of the project. The Specific Plan carries forward the County's specific plan policies as they pertain to overall circulation issues. Therefore, implementation of the proposed project will not conflict with any applicable plans or programs as listed above pertaining to transportation/traffic nor result in associated impacts. c) Result in a change in air traffic patterns, including ❑ ❑ ❑ either an increase in traffic levels or a change in location that results in substantial safety risks? (Sources: #5, 10, 19) Discussion: The City is located within the Airport Environs Land Use Plan(AELUP)for the Joint Forces Training Base Los Alamitos. The Sunset Beach area is located outside of the AELUP's height restriction area; however,the Specific Plan does not allow buildings at a height that would be of concern. The proposed project would not create any impacts for air traffic patterns. d) Substantially increase hazards due to a design feature ❑ ❑ ® ❑ (e.g., sharp curves or-dangerous intersections) or incompatible uses? (Sources:#2,5, 19) Discussion: See discussion below. e) Result in inadequate emergency access? (Sources: #2, ❑ ❑ ® ❑ 5, 19) Discussion d) through e): The proposed project does not propose any development but includes the adoption of the Sunset Beach Specific Plan that provides standards for future development. The Specific Plan reflects the County's Sunset Beach Specific Plan standards. There is not a potential increase in hazards due to incompatible uses or sharp curves as the existing uses allowed by the County and provided for in the City's Specific Plan are compatible and the street network is fully established. However,the standard for one-way drive aisle width(20 feet)for residential projects or commercial projects with 90 degree parking stalls is below those of the City of Huntington Beach Zoning and Subdivision Ordinance by six and five feet,respectively, and, in instances of a drive aisle being designated a fire lane,may result in impacts to emergency access for fire apparatus. In addition,the typical street section for the local streets is narrower(four feet less of paved surface)than the City's Standard Plan requirement. The City of Huntington Beach Fire Department currently responds to almost 150 calls per year(approximately 80 percent) in Sunset Beach(see Section IX.Hazards and Hazardous Materials) and reduced drive aisle widths and street sections have not been a significant impediment in their ability to respond,though maneuvering apparatus can be more constrained. Therefore, impacts related to potential design hazards and emergency access are less than significant. Page 16 -415- Item 13. - Pa _73 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact f) Result in inadequate parking capacity? (Sources: #2, ❑ ❑ ® ❑ 5, 19) Discussion: The proposed project does not propose any development but includes the adoption of the Sunset Beach Specific Plan that provides parking standards for future development. The Specific Plan reflects the County's Sunset Beach Specific Plan parking standards. The parking requirements for various uses are less than those of the City of Huntington Beach Zoning and Subdivision Ordinance,and there is discussion in the County's Plan regarding parking issues as they relate to distribution. However, due to the compact, pedestrian-oriented character of Sunset Beach,parking is routinely shared. For example, the linear park/parking facility contains 660 public parking spaces that are regularly used by business patrons, employees, residents and visitors. In addition,most streets have on-street parking on at least one side. The sizeable amount of public parking in Sunset Beach given its compact size has helped to offset limited on-site parking for much of the community. The concept of shared parking is recognized as a reasonable way to allow for reduced parking requirements for individual uses. For example, shared parking is an integral component of the City of Huntington Beach downtown area, which has similarities with Sunset Beach in terms of the combined residential and tourist-oriented development pattern,pedestrian focus and small parcel sizes. Therefore,potential impacts related to parking capacity are expected to be less than significant. g) Conflict with adopted policies, plans,or programs regarding public transit, bicycle, or pedestrian ❑ ❑ ❑ 0 facilities, or otherwise decrease the performance or safety of such facilities? (Sources: # 1, 3, 19) Discussion: See discussion Vla-b. In addition, the City's proposed Sunset Beach Specific Plan includes requirements for bicycle parking consistent with the City of Huntington Beach Zoning and Subdivision Ordinance. These requirements would apply to new development and would improve the availability of bicycle facilities in the area. The proposed Specific Plan also maintains the existing pedestrian access points to the beach and designates the walking path in the linear park as a public facility,consistent with the County's existing plan. The proposed project would not conflict with adopted plans, etc. related to public transit, bicycle or pedestrian facilities and no impacts would result. VII. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or ❑ ❑ ❑ through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans,policies, or regulations, or by the California Department of Fish and Game or U.S, Fish and Wildlife Service? (Sources: #1, 3, 5, 19) Discussion: See discussion below. Page 17 Item 13. - Page 74 -416- a a-A 'v� Potentially Significant Potentially Unless, Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact b) Have a substantial adverse effect on any riparian ❑ ❑ ❑ habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? (Sources: #1, 3, 5, 19) Discussion: See discussion below. c) Have a substantial adverse effect on federally ❑ ❑ ❑ protected wetlands as defined by Section 404 of the Clean Water Act(including, but not limited to, marsh, vernal pool,coastal,etc.) through direct removal, filling, hydrological interruption,or other means? (Sources: #1, 3, 5, 19) Discussion: See discussion below. d) Interfere substantially with the movement of any ❑ ❑ El X❑ native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites? (Sources: #1, 3, 5, 19) Discussion: See discussion below. e) Conflict with any local policies or ordinances ❑ ❑ ❑ Q protecting biological resources, such as a tree preservation policy or ordinance? (Sources:#1, 3, 5 ) Discussion: See discussion below. f) Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation ❑ ❑ ❑ PIan, or other approved local, regional,or state habitat conservation plan? (Sources: #1, 3, 5, 19) Discussion a)through f): The Sunset Beach area does not include any wetlands but includes beach area that, as described in the County's existing Specific Plan,can be home to a variety of macroscopic species of marine animals,microfauna and invertebrate and vertebrate species that all play a role in the food chain. The proposed project is the annexation, general plan amendment, local coastal program amendment and prezoning for Sunset Beach to incorporate it to the City of Huntington Beach. The City's proposed Specific Plan carries forward the description of the beach area and does not modify any of the regulations that pertain to the open space areas of the Specific Plan, including Sunset Channel. The project will not result in increased density or intensity of land use beyond what is allowed in the existing Specific Plan,nor expand the area that may be developed,and will not create any impacts relating to biological resources. Page 18 -417- Item 13. - Page 275 'Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact VIII. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral ❑ ❑ ❑ El resource that would be of value to the region and the residents of the state? (Sources: #l, 5, 19) (Discussion: See below. b) Result in the loss of availability of a locally-important ❑ ❑ ❑ mineral resource recovery site delineated on a local general plan,specific plan, or other land use plan? (Sources: # 1, 5, 19) (Discussion a) & 1�):.There are no known mineral resources in Sunset Beach. The project will not result in any impacts on mineral resources. IX. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the ❑ ❑ ❑ XQ environment through the routine transport,use, or disposal of hazardous materials? (Sources: #1, 5, 19) Discussion: See discussion below. b) Create a significant hazard to the public or the ❑ ❑ ❑ El environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Sources: # 1, 5, 19) Discussion: See discussion below. c) Emit hazardous emissions or handle hazardous or ❑ ❑ ❑ acutely hazardous material, substances,or waste within one-quarter mile of an existing or proposed school? (Sources: # 1, 5, 19) Discussion: See discussion below. d) Be located on a site which is included on a list of ❑ ❑ ❑ El hazardous materials sites compiled pursuant to Government Code Section 65962.5 and,as a result, would it create a significant hazard to the public or the environment? (Sources: # 5, 11, 14, 15, 16) Page 19 Item 13. - Page 276 -418- ATTACHMENT 1,40. . ! Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact Discussion items a) through d): There is no school within Y4 mile from the subject area,and there are no properties within Sunset Beach listed on any list of active hazardous sites. There is one gas station site that is on the Leaking Underground Tank(LUST)clean-up site list; however,cleanup is completed and the case is closed. The proposed Sunset Beach Specific Plan reflects the County's existing Specific Plan and does propose any new land uses. The only permitted uses that might generate hazardous waste on a routine basis are medical uses, boat docks and automobile service stations. All uses must comply with federal, state and local regulations as they pertain to hazardous waste. Consequently,the annexation of the area and adoption of the project would not create any environmental impacts relating to the transportation, use or disposal of hazardous materials or to exposure of the public or environment to hazardous materials. e) For a project located within an airport land use plan ❑ ❑ ❑ 191 or, where such a plan has not been adopted, within two miles of a public airport or pubic use airport, would the project result in a safety hazard for people residing or working in the project area? (Sources:#5, 10, 19) Discussion: See discussion under item f. f) For a project within the vicinity of a private airstrip, ❑ ❑ ❑ would the project result in a safety hazard for people residing or working in the project area? (Sources: #5, 10, 19) Discussion e) & f): The City is located within the Airport Environs Land Use Plan (AELUP) for the Joint Forces Training Base Los Alamitos, but is not located within two miles of a public or private airport. The Sunset Beach area is located outside of the AELUP's height restriction area, but the Specific Plan does not allow buildings at a height that would be of concern. There are no hazards associated with airport land uses for persons residing or working within the project area. g) Impair implementation of or physically interfere with ❑ ❑ ® ❑ an adopted emergency response plan or emergency evacuation plan? (Sources: 92, 5, 19) (Discussion: See discussion under item h. h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, ❑ ❑ ❑ including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Sources: #2, 5, 19,20) Discussion items g)& h): There are no wildlands adjacent to or located within the Sunset Beach area. The Sunset Beach area is currently served by a volunteer(Reserve Fire Fighters)Fire company, located on Pacific Coast Highway; and, through a mutual aid agreement with the Orange County Fire Authority, by the City of Huntington Beach,which has a fire station approximately 800 feet from the Sunset Beach boundary on Warner Avenue, east of Pacific Coast Highway, and by the City of Seal Beach. In addition, Page 20 -419- A-f Item 13. - Page 277 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact beginning in July 2004 the Orange County Fire Authority began contracting with the City of Huntington Beach to provide paramedic emergency medical services to Sunset Beach. The majority of the fire and emergency medical responses in Sunset Beach are provided by the City of Huntington Beach Fire Department. The Metro Cities Fire Authority reports that the City of Huntington Beach responded to 146 out of 184 calls in 2008 (79 percent)and 149 out of 182 calls in 2009(82 percent). According to LAFCO, of the 51 calls received by the Sunset Beach station in 2008 (a subset of the 184 total), Reserve Fire Firefighters were only able to respond with qualified reserves in two of those cases. The proposed project would not expose people to risks from wildland fires and there would be no associated impacts. The City of Huntington Beach has been able to adequately respond to calls for service in the area; however, as discussed in Section Vle. Transportation/Traffic, existing and proposed standards for some drive aisle width and street section configurations do not comply with standards currently required in the City of Huntington Beach. Because the City's Fire Department has been able to adequately respond in Sunset Beach with the existing standards, impacts will be less than significant relating to impairment of or physical interference with an adopted emergency response plan or emergency evacuation plan. X. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in ❑ ❑ ❑ excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Sources: #5, 13, 19) Discussion: See discussion below. b) Exposure of persons to or generation of excessive: ground borne vibration or ground borne noise levels? ❑ ❑ ❑ (Sources: #5, 13, 19) Discussion: See discussion below. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing ❑ ❑ ❑ without the project?(Sources: #5, 13, 19) Discussion: See discussion below. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources:#5, 13, ❑ ❑ ❑ Q 19) Discussion items a)through d): The project would not result in an increase in density or intensity of development or change the location of permitted uses from what is currently allowed in the County's Specific Plan. As such, the project would not result in a substantial permanent increase in noise levels, excess ground borne vibration or noise levels,and ambient noise levels in the project vicinity above levels existing without the proposed project. The proposed project will have no impacts in these areas. Page 21 Item 13. ® Page 278 -420- AT-� " T . -1 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, ❑ El El MR the project expose people residing or working in the project area to excessive noise levels? (Sources: #5, 10, 19) Discussion: The City is located within the Airport Environs Land Use Plan(AELUP) for the Joint Forces Training Base Los Alamitos, but is not located within two miles of a public or private airport. The Sunset Beach area is located outside of the AELUP's area of concern. There are no noise impacts associated with the proposed annexation and planning entitlements for people residing or working in the area. i) For a project within the vicinity of a private airstrip, would the project expose people residing or working ❑ ❑ ❑ in the project area to excessive noise levels? (Sources: # 5, 10, 19) Discussion: Sunset Beach is not located within the vicinity of a private airstrip. XI.PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? (Sources: #l, 5, 19, 20) ❑ ❑ ® C1 Discussion: The Sunset Beach area is currently served by a volunteer(Reserve Fire Fighters)Fire company,located on Pacific Coast Highway; and,through a mutual aid agreement with the Orange County Fire Authority, by the City of Huntington Beach,which has a fire station approximately 800 feet from the Sunset Beach boundary on Warner Avenue,east of Pacific Coast Highway,and by the City of Seal Beach. In addition,beginning in July 2004 the Orange County Fire Authority began contracting with the City of Huntington Beach to provide paramedic emergency medical services to Sunset Beach. The majority of the fire and emergency medical responses in Sunset Beach are provided by the City of Huntington Beach Fire Department. The Metro Cities Fire Authority reports that the City of Huntington Beach responded to 146 out of 184 calls in 2008 (79 percent)and 149 out of 182 calls in 2009(82 percent). According to LAFCO,of the 51 calls received by the Sunset Beach station in 2008, Reserve Fire Firefighters were only able to respond with qualified reserves in two of those cases. With implementation of the proposed project,the City of Huntington Beach Fire Department will provide fire protection and emergency medical services to the area,though the mutual aid agreement will remain in effect. The City currently meets and would continue to meet the standard response times of three to five minutes using existing facilities,equipment, and personnel. The Specific Plan also requires that new development comply with the City's Fire Specifications. Based on the statistics above, is likely that the City's Department will experience an increase in calls for service with implementation of the project. The Department has indicated that it can provide such services to the Sunset Beach community without Page 22 -421- A Item 13. - Page 279, Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact impacting its ability to provide public safety services to the rest of Huntington Beach. Impacts of the proposed project would be less than significant. b) Police Protection? (Sources: #1, 5, 19) ❑ El El El Discussion: The Orange County Sheriff s Department and California Highway Patrol (CHP) currently serve the Sunset Beach community, with the City of Huntington Beach Police Department providing assistance as needed. The Sheriff s Department handles basic calls for service and the CHP handles traffic collisions within the area as Pacific Coast Highway is a State facility. For 2007 and 2008,the Sheriff's Department responded to an average of 4.6 calls per day(1,688 calls for service annually), and CHP responded to approximately 55 calls each year. Data for the City of Huntington Beach, for 2008 and 2009,indicate that the City Police Department provided agency assistance for a total of 40 calls, completed 20 traffic stops that resulted in a report, implying an arrest, and completed 202 traffic stops that did not result in a report for the Sunset Beach area. With implementation of the project, CHP would continue to respond to traffic collisions for Pacific Coast Highway. The City of Huntington Beach Police Department would provide law enforcement services. Based on the statistics above, the City's Department will experience an increase in calls for service with implementation of the project. The Department has indicated that it could provide such services to the Sunset Beach community without impacting its ability to provide public safety services to the rest of Huntington Beach. Impacts of the proposed project would be less than significant. c) Schools? (Sources: #1, 5, 19) Discussion: The proposed project involves the annexation of approximately 109 acres of land to the City of Huntington Beach and associated prezoning, general plan and local coastal program amendments. Current service providers include the Huntington Beach Union High School and the Ocean View School District and will not change with project implementation. The City's proposed Specific Plan does not change the density or intensity of currently allowed land uses. Therefore, implementation of the project will not result in any impact to schools. d) Parks? (Sources: #1, 5, 17, 19) ® ® El MR Discussion: The Sunset Beach area includes three public recreational facilities: the large beach, a linear park/parking facility and a small beach. The proposed project does not propose any construction or development, and the City's Specific Plan carries forward the County's land use plan and policies for the existing recreational facilities. The proposed general plan amendment and local coastal program amendment include updates to the General Plan Recreation and Community Services Element and Land Use Plan(Coastal Element), respectively,to provide a current inventory of recreational facilities in the City as well as add the facilities in Sunset Beach to the City's inventory. However, these text changes do not require nor would they result in physical impacts to any of the facilities. The City's Sunset Beach Specific Plan was developed to reflect the specific plan approved by Orange County and no increase in density or intensity of land use is proposed. Therefore, implementation of the proposed project will not result in any impacts to parks. Page 23 Item 13® o Page 280 -422- ATTACHMENT 4.d3_ ` Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact e) Other public facilities or governmental services? ❑ ❑ ❑ (Sources: #1,5, 19) Discussion: The Sunset Beach area represents a proportionately small addition to the City of Huntington Beach and will not result in the need for other public facilities or governmental services such that there would be the need for new governmental facilities that might result in impacts. The City can provide services to the area using its existing facilities and staff. Implementation of the project will not result in additional impacts in this area. XII. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the ❑ ❑ ❑ applicable Regional Water Quality Control Board? (Sources: #1, 5, 17, 19) Discussion: See discussion below. b) Require or result in the construction of new water or ❑ _ ❑ ❑ wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? (Sources: # 1, 5, 17, 19) Discussion: See discussion below_ c) Require or result in the construction of new storm ❑ ❑ ❑ water drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? (Sources: # 1,5, 17, 19) Discussion: See discussion below. d) Have sufficient water supplies available to serve the ❑ ❑ ❑ project from existing entitlements and resources, or are new or expanded entitlements needed? (Sources: #1, 5, 19) Discussion: See discussion below. e) Result in a determination by the wastewater treatment ❑ ❑ o a provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Sources:# 1, 5, 16, 19) Page 24 -423- A Rein 13. ® Page 281 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact Discussion a) through e): The City of Huntington Beach has provided domestic water to the Sunset Beach area since fiscal year 1964/65,when it purchased the Sunset Beach Water District. The Sunset Beach Sanitary District, formed in 1930, is responsible for the review and approval of the collection of wastewater within Sunset Beach. The City of Huntington Beach and the Orange County Public Works/Flood Control Section are the agencies responsible for the flood control system in the vicinity of Sunset Beach. The Orange County Sanitation District is responsible for wastewater treatment. Upon annexation, these same agencies will continue to provide water, sewer, wastewater and storm drain services to the Sunset Beach area. The City's proposed Specific Plan does not propose any change in density or intensity of land use nor propose any new infrastructure projects. The proposed project will not result in impacts associated with items a)through e)above. f) Be served by a landfill with sufficient permitted ❑ ❑ ❑ capacity to accommodate the project's solid waste disposal needs? (Sources: # 1, 5, 19) Discussion: See discussion below. g) Comply with federal, state, and local statutes and ❑ ❑ ❑ 1 regulations related to solid waste? (Sources: #l, 5, 19) Discussion items f) & g): The project involves annexation of approximately 109 acres to the City of Huntington Beach and amendments to the General Plan and Local Coastal Program, including adoption of the Sunset Beach Specific Plan. The Sunset Beach Specific Plan was created to reflect the lands & Man approved by Orange County and the California Coastal Commission and will not change the cure �-_dy allowed density or intensity of development within the area. Consequently,the project will not result in impacts on landfill capacity and compliance with regulations pertaining to solid waste. h) Include a new or retrofitted storm water treatment control Best Management Practice(BMP), (e.g. water ❑ ❑ ❑ quality treatment basin,constructed treatment wetlands?) (Sources: # 5) Discussion: The project does not propose any development or change to the land uses currentl, : Moved by the County Specific Plan. As such the project will not result in impacts in this area. XIII.AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ X❑ (Sources: #1, 3, 5, 17, 19) Discussion: See discussion below. b) Substantially damage scenic resources, including, but ❑ ❑ ❑ nX not limited to,trees,rock outcroppings,and historic buildings within a state scenic highway? (Sources: #1, 3, 5, 17, 19) Page 25 Item 13® ® Page 282 -424- ATTA ;H F- NO. 8.a5 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact Discussion: See discussion below. c) Substantially degrade the existing visual character or ❑ ❑ ❑ MX quality of the site and its surroundings? (Sources: #1, 3, 5, 17, 19) Discussion: See discussion below. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views ❑ ❑ ❑ MX in the area? (Sources: #1, 3, 5, 17, 19) Discussion a)through d): Sunset Beach is adjacent to the Pacific Ocean and the existing County Specific Plan identifies seven scenic vista viewpoints along South Pacific Avenue, which provide views of the Ocean. In addition,the portion of Pacific Coast Highway located in the Sunset Beach Specific Plan area is designated as a scenic highway. The majority(99 percent)of the residential and commercial areas of Sunset Beach are developed: there are four undeveloped parcels, one of which is occupied by a billboard. The proposed Sunset Beach Specific Plan maintains the scenic vista viewpoints of the County's Specific Plan and carries forward the same protections and restrictions on uses to ensure that the scenic vista and associated viewpoints are not obscured. The proposed Specific Plan maintains the same development standards to regulate development within the Sunset Beach area. The Specific Plan does not change the location or intensity of permitted uses and does not propose any development; thus, implementation of the proposed project will not result in sources of light and glare beyond what is currently allowed nor damage scenic resources. The project will not result in any aesthetic impacts. CUI.7i'>rII2AL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance ❑ ❑ ❑ ❑X of a historical resource as defined in 515064.5? (Sources: # 1, 3, 5, 19) Discussion: See discussion below. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 615064.5? ❑ ❑ ❑ ❑X (Sources: # 1, 3, 5, 19) Discussion: See discussion below. c) Directly or indirectly destroy a unique paleontological ❑ ❑ ❑ resource or site unique geologic feature? (Sources: # 1, 3, 5, 19) Discussion: See discussion below. d) Disturb any human remains, including those interred ❑ ❑ ❑ outside of formal cemeteries? (Sources: # 1, 3, 5, 19) Page 26 -425- Item 13. - Page 283 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact Discussion items a)through d): There are no known cultural resources within the Sunset Beach Specific Plan area; however,there may be buildings greater than 45 years of age that may require further evaluation as a historic resource should demolition or significant alteration be proposed. The proposed project is annexation of Sunset Beach to the City of Huntington Beach and the adoption of amendments to the City of Huntington Beach general plan, local coastal program and zoning documents to establish land use and zoning regulations for the area. The proposed Specific Plan is consistent with the existing County of Orange Specific Plan. The City of Huntington Beach General Plan and Local Coastal Program regulations afford the same protection to cultural resources, should they occur, as the County of Orange -regulations. The annexation and adoption of the planning entitlements will not result in impacts to cultural resources. XV. RECREATION. Would the project: a) Would the project increase the use of existing ❑ ❑ ❑ MX neighborhood,community and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Sources: #1, 3, 5, 17, 19) Discussion: See discussion below. b) Does the project include recreational facilities or ❑ ❑ ❑ EXI require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Sources: #1, 3, 5, 17, 19) Discussion: See discussion below. c) Affect existing recreational opportunities? ❑ ❑ ❑ Q (Sources:#1, 3, 5, 17, 19) Discussion items a) through c): The Sunset Beach Specific Plan area includes an approximate 33 acre public beach, 3.4 acre public channel/beach area and a 13 acre public parking and linear park facility with restrooms and a tot lot. There is also a community center owned and operated by the Sunset Beach Community Association. The proposed Sunset Beach Specific Plan is reflective of the existing conditions and carries forward the land use designations and regulations of the existing Specific Plan such that the existing recreational facilities are not affected. The proposed Specific Plan does not result in increased density or intensity of land use beyond what is currently allowed such that additional recreational amenities are required. The proposed general plan amendment and local coastal program amendment include updates to the General Plan Recreation and Community Services Element and Land Use Plan(Coastal Element),respectively,to provide a current inventory of recreational facilities in the City as well as add the facilities in Sunset Beach to the City's inventory. However,these text changes do not require nor would they result in impacts to any of the facilities. Therefore, implementation of the project will not result in any impacts on recreational issues. Page 27 Item 13. s Page 284 -426- ATTACHMENT NO. �-1 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact XVI. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer tothe California Agricultural Land Evaluation and Site Assessment Model (1997)prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or ❑ ❑ ❑ El Farmland of Statewide Importance(Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non-agricultural use? (Sources: #5, 19) Discussion: See discussion below. b) Conflict with existing zoning for agricultural use, or a ❑ ❑ ❑ ❑'_ Williamson Act contract? (Sources: #5, 19) Discussion: See discussion below c) Involve other changes in the existing environment ❑ ❑ ❑ 0 which,due to their location or nature, could result in conversion of Farmland,to non-agricultural use? (Sources: #5, 19) Discussion items a)through c): The proposed project will not convert farmland or conflict witli existing zoning for agricultural use. There are no agricultural uses in the subject area. Existing zoning permits residential,visitor serving commercial,public and open space uses. The proposed project would establish similar zoning for the area and,as such,no impacts would occur. XVII. GREENHOUSE CASE EMISSIONS. Would the project: a) Generate greenhouse gas emissions,either directly or ❑ ❑ El ❑ indirectly,that may have a significant impact on the environment?(Sources: #5, 18) Discussion: The California Energy Commission calculated that in 2004, California produced 492,000,000 metric tons of carbon dioxide (CO2)emissions. On an individual basis,a project generally would not generate enough GHG emissions to create a significant impact on global climate change. Given the small parcel size of properties in Sunset Beach, for example,the CO2 emissions that might be generated for a project developed pursuant to the County's existing or City's proposed Specific Plan would be negligible when compared to the overall contribution of the State's GHG emissions impacting global climate change. A project's potential impact would be its incremental contribution of GHG emissions when combined with all other GHG emission sources to cause significant cumulative impacts that could result in global climate change impacts. The project involves the annexation of a community that is 99 percent developed(four Page 28 _ -427- item.. .. 1.3. %aPage 285 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources)_ Impact Incorporated Impact No Impact vacant parcels with a combined total of less than one acre)and adoption of a Specific Plan that is consistent with the intent and land use density of the County's existing Specific Plan for the area, as well as associated general plan and local coastal program amendments. The project does not have potential to directly produce GHG emissions. However,there may be indirect constructional and operational emissions from projects developed pursuant to the Specific Plan. While there is no specific threshold of significance for GHG emissions, it is reasonable to apply the same requirements for criteria pollutants in that significance occurs when a project results in a cumulatively considerable net increase of GHG emissions. Therefore, since the project's direct contribution of COZ emissions is zero and indirect emissions would be negligible due to the developed nature of the community, parcel pattern and development standards in the Specific Plan, impacts from GHG emissions would not result in a cumulatively considerable net increase of GHG emissions and impacts would be less than significant. b) Conflict with an applicable plan,policy or regulation adopted for the purpose of reducing the emissions of El El El El greenhouse gases? (Sources: #5, 18) Discussion: The Sunset Beach community is located in unincorporated Orange County, governed by the County's General Plan. Existing and possible future development within the County is accounted for in the Air Quality Management Plan provided by SCAG. The City's proposed Specific Plan for Sunset Beach does not propose any increase in development that might be allowed beyond what might be realized under the County's Specific Plan. Additionally,the Specific Plan requires compliance with all applicable federal and state regulations. The proposed project would not conflict with applicable policies, plans or programs adopted for the purpose of reducing GHG emissions. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the 0 El El El quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (Sources: #1, 3, 5, 19) Discussion: The proposed project does not propose any construction and represents the adoption of general plan, local coastal program and specific plan documents in association with the annexation of the developed community of Sunset Beach to the City of Huntington Beach. The City's proposed Specific Plan includes the provisions of the County's existing Specific Plan, as certified by the California Coastal Commission, for the area as they pertain to protection of the environmental considerations above. The proposed Sunset Beach Specific Plan will not create additional density or intensity of land use beyond what is currently allowed by the County's Specific Plan. Implementation of the proposed project will not result in any impacts in these areas. Page 29 Item 13. ® Page 286 -428- ATTACHMENT NO._ a Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact b) Does the project have impacts that are individually limited, but cumulatively considerable? ❑ ❑ ❑ MX ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects,and the effects of probable future projects.) (Sources:# 1, 3, 5, 19) Discussion: The proposed project involves annexation of approximately 109 acres to the City of Huntington Beach and adoption of general plan, local coastal program and zoning amendments, including the Sunset Beach Specific Plan.The Sunset Beach Specific Plan is reflective of the Specific Plan approved by Orange County and the California Coastal Commission. As such, the proposed project will not result in an additional density or intensity of land use beyond what is currently allowed. The project will not result in impacts that are individually limited, but cumulatively considerable. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, ❑ ❑ FRI either directly or indirectly? (Sources:# 1, 3, 5, 19) Discussion: As discussed throughout the document,the project would result in no impacts for all issue areas with the exception of less than significant impacts for public services due to an increase in calls for service for fire and police services and land use,transportation/traffic and hazards and hazardous materia;s due to reduced standards for parking and some drive aisle widths-and street sections. The proposed project carries forward the intent of the County's existing Specific Plan, including the aforementioned de,0eprrent standards. Implementation of the project will not result a substantial increase in environmentai c,ffeus hat will cause adverse effects on human beings, either directly or indirectly. Page 30 -429- Item 13. - Pacee 287 XIX. EARLIER ANALYSIS/SOURCE LIST. Earlier analyses may be used where, pursuant to tiering, program EIR, or other CEQA process,one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063 @(3) (D). Earlier Documents Prepared and Utilized in this Analysis: Reference# Document Title Available for Review at: I City of Huntington Beach General Plan City of Huntington Beach Planning& Building Dept.,Planning/Zoning Information Counter,2000 Main St., 3`d Floor, Huntington Beach,and at www.huntingtonbeachca.gov/Govern ment/Departments/P lann ing/gp 2 City of Huntington Beach Zoning and Subdivision Ordinance City of Huntington Beach City Clerk's Office, 2000 Main St.,2nd Floor, Huntington Beach, and at www.huntingtonbeachea.gov/govemm ent/charter codes 3 City of Huntington Beach Local-Coastal Program City of Huntington Beach Planning& Building Department(see #1) 4 Project Vicinity Map - See Attachment#1 5 Draft Sunset Beach Specific Plan,August 2010 See Attachment#2 6 City of Huntington Beach Geotechnical Inputs Report City of Huntington Beach Planning& Building Dept.(see#1) 7 FEMA Flood Insurance Rate Map " 8 CEQA Air Quality Handbook, South Coast Air Quality " Management District(1993) 9 City of Huntington Beach CEQA Procedure Handbook " 10 Airport Environs Land Use PIan for Joint Forces Training " Base Los Alamitos(Oct. 17,2002) 11 Geotracker search for leaking underground fuel tanks,2010 http://geotracker.waterboards.ca.gov 12 State Seismic Hazard Zones Map City of Huntington Beach Planning& Building(see#1) 13 City of Huntington Beach Municipal Code City of Huntington Beach City Clerk's Office(see#2) 14 Comprehensive Environmental Response, Compensation, http://www.epa.gov/superfund/sites/cu and Liability Information System(CERCLIS)database,2010 rsites/ 15 Investigation-Cleanups(SLIC)and Landfill sites,Cortese list www.calepa.gov/sitecleanup/cortese of Hazardous Waste and Substances Site 16 The Department of Toxic Substances Control's Site http://www.envirostar.dtsc.ca.gov/publ Mitigation and Brownfields Database, 2010 ic/ 17 Draft General Plan and Local Coastal Program Amendments See Attachment 93 18 State of California Office of Planning and Research CEQA http://opr.ca.gov/index.php?a=cega/ind documents on greenhouse gas emissions ex 19 Orange County General Plan, Zoning Map and Sunset Beach http://pdsd.oc.gov/CodesRegulatio Specific Plan/Local Coastal Program GAENVIRONMCHECKLST Page 31 1.,1, 20 Final Report Sunset Beach Annexation Study for the City of City of Huntington Beach Planning& Huntington Beach,April 27,2010 and Final Proposed Building Dept.(see#I) Incorporation of Sunset Beach Application of Peer Review Report to the Preliminary Feasibility Analysis July 20, 2010 Page 32 _ -431- .Item. 13®-e 1a a 289 ONEf `.. �0■■0 0 El b0b , ■MEN 1 r SEE .. FlWlTlTplArlFjxrf MAN s 4 , .if f� s ..s Attachment No. 2 Draft Sunset Beach Specific Plan, dated August 2010 Is available at the Planning and Building Department, 2000 Main Street, Huntington Beach, CA and at: http://www.huntingtonbeachca.goy/Government/Departments/Planning/PJB/pcl/pcagendaO81010.cfm under item A-3 Note: The full copy of the Specific Plan was attached to the Draft Negative Declaration distributed for public review. The reference locations are only provided in this Study Session Report. -433- Item .1 3. ®, Pale 291 S U W N S U N � 3 z o ,- m z SEAL WESTMINSTER BEACH BOLSAI I m � Mc o o — FADOEN EDINGER HEIL WARNER FOUNTAIN _._ I VALLEY - _ • 405 SLATER •�• OF •TALBERTORANG F } (BUSA CHICA) °"s o GARRELD PAClF1G" YORKTOWN OCEAN A ADAMS ARWA BANNING COSTA ! ,�^� MESA -------------- ______— - ____a_-- ..... ..... UPC)am - a-u- Legend City 6oMary = _ ==y_ = CITY LIMITS CITY OF HUNTINGTON BEACH GENERAL PLAN &4-2 Item 13. - Page 292. -434- ATTACHM _ _ _ � t J ��. �`. ' p 1 P , �- Land Use Plan Ca� ofHuntin ton Beach General Plan rV y( O M.I•ea.n�w. l"l"i �� 1� •t � i ,; *� � t •, 1. `�� �f:'!;:^, {(p t ; •� i :,•VS'�.1:�.1?Y�H<I'1 i�r'{:". ..r{' +e.�...+r•r,Ft�1'~{`,4�j.i, "., �i i Y,'-�+ 'i"7.I`�7�5:;'l;� •.'C,Ni, 1�'J',C'.:;::'• y' !'�'�fY4ii1 "A . q" i• tM:,f,.t':`i,. d (Y}d, v� Cesideii a w �el I ' •k•��� tl e -a Auto District Overlay Residential Medium Density Commercial Recreation d Design Overlay Density Code Permitted Density •h Historical Overlay Residential Medium Pugh Density Park -mu( ) Mixed Use Overlay(Mixed Use Densiry) Residential High Density Shore F2 0.50 pd Pedestrian Overlay Water Recreation •rmp Residential Mobile Home Park Overlay &mmereial F2A 0.75 •sp Specific Plan Overlay ® Commercial Regional Public Fa 10. 5 Commercial Visitor Public F5 1.50 CAUTION Commercial General $ChOO1,HO3pital,Church F6 2,0 WHEN USING THIS MAP Commercial Neighborhood (underlying designation) F7 3.0 IoRrmedon mown n•reon U In eompneeon Commercial Office F8 1.5(MtJ)-0.35(C)/25 du/ac of oeta Rom eeurde of rerylnp eecuncr C= Right of Ways&Bridges Md presided de•wwwnee to ne F9 1.5(MU)•0.5(C)/25 du/ac uor.Tne City et Hundnpton eeeen deer J tstrial F10 1.5(NfU)-1.5(C)/25 du/ac not p arintod12"PIlOneNotoeeerecy It i Industrial F l l 2.0(*,{r r,-2.0(C)W du/ac a the uteh fepdnvelllty to ren r.11 +�i"1 InlormiOon to tl1eV own eeeflxcaon. F12 3.0(MU)-3.0(C)/30 du/ac ed Use F13 1,5(MLJ)•1.5(C}/15 du/ac am Mixed Use F14 1.75(MU)-0,2(C)/45 du/ac LU -5 Mixed Use Horizontal For additional development standards,please refer to the u. Mixed Use Vertical Community Subarea Map(Figure LU-6),and the Community Amended April 2010 District and Subarea Schedule(Table LU•4)of the Land Use Element of the General Plan, FIL ... ........ j 4—C. ram ............ .......... ....... r ......... WIN, < 5i ED= Aj NONNI,Ill LEGEND Residential High Density Parcels...........r Commercial Visitor-Mixed Use Overlay Right Of Way Public Huntington Beach Boundary Open Space-Shoreline Sunset Beach Boundary Open Space-Water Recreation -sp Specific Plan Overlay rT This designation applies to all Land Uses for this area. 4*7) JI Exhibit 2. mand Use Plan t iMMUNITY DEVELOPMENT CHAPTER LAND USE ELEMENT TABLE LU-3 Development"Overlay"Schedule Land Use"Overlay" Characteristics/Requirements Category Specific Plan Permits underlying land uses and requires that a Specific or Development Plan be -sp formulated for large scale,mixed-use multi-phased development projects which provides greater specificity for land use and infrastructure plans,design and development standards,and phasing/implementation. Pedestrian District Permits underlying land uses and requires conformance to land use(restrictions on -pd non-pedestrian active uses)and design standards(e.g.,siting of building frontages) to ensure high levels of pedestrian activity along the street frontage. Historic District Permits re-use of existing historic structures for the underlying land uses. -h Residential Mobile Home Permits the density of a mobile home park,located within a residential low density Park designation,to exceed the underlying density of seven(7)units per acre. The -rmp maximum density of the mobile home park shall not exceed the existing density of the mobile home park. Mixed Use Permits the development of residential uses in conjunction with the underlying r -mu commercial designation_ The overlay permits the development of horizontally or vertically integrated mixed use projects(See LU 11.1.I). The design and density for a mixed use project shall be as shown on the Figure LU 5 in parentheses(See Table LU-2b for more detail)or as set forth in a Specific Plan. If a mixed use project is not ., proposed,then the density of the underlying commercial designation shall be utilized ' I-LU 13, and I-LU 10). Automobile District Permits the development of an automobile district in addition to the underlying land -a uses. Special Design Standards Permits underlying land uses in accordance with special design standards. -d THE CITY OF HUNTINGTON BEACH GENERAL PLAN -437-'9 A Item 13® - Paqe 295 COMMUNITY DEVELOPMENT CF =ER - LAND USE ELEMENT TABLE LU-4 (Cont.) Community District and Subarea Schedule Subarea Characteristic Standards and Principles 4K Design and 5) within the southem grove ES14A buffer only — a water quality Natural Development Treatment System may be allowed so long as it is located in an area that is most protective of coastal resources and at least 246 feei from the ESHA. 6)In addition to the required ESHA buffer described above,grading shall be prohibited within 500 feet of an occupied raptor nest during the breeding season(considered to be from February 15 through August 31); C. Habitat Management Plan shall be prepared for all areas designated Open Space-Conservation which shall include restoration and enhancement of delineated wetlands, wetland and habitat mitigation,and establishment of appropriate buffers from development. D. Protective Fencing: Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance into all restored and preserved wetland and ES1 A buffer areas. 4L Permitted Uses Category: Residential High Density ("RH"), Commercial Visitor Sunset Beach ("Cr'), Shoreline ("OS-S"), Water Recreation ("OS-WR") and Public ("P")uses pursuant to the Sunset Beach Specific Plan(SP 17) Density/Intensity Density/Intensity Pursuant to the Sunset Beach Specific Plan SP 17 Design and Category:Specific Plan("-sp")and Mixed Use("-mu") Development • Requires the conformance with a specific or master plan. • Mixed Use Overlay for the CV area for the allowance of residential uses pursuant to the Specific Plan 5 Area wide Enhance Huntington Center,the Edinger Corridor,and adjacent properties as Regional Functional Role a key focal point of regional commerce. "Core" 5A Permitted Uses Category: Commercial Regional("CR") Huntington Region-serving commercial uses permitted by the "CR" land use category Center and mixed-use structures vertically-integrating housing with commercial uses permitted by the"-mu"overlay. Density/Intensity Category: "-F2" • Height: four(4)stories Design and Category: Mixed Use(-mu);Specific Plan(-sp) Development • Require the preparation of and development in conformance with a specific or master plan. • Design and site development as a cohesive and integrated center and as stipulated by Policy LU 10.1.16. • Locate buildings around common courtyards and pedestrian areas. • Locate a portion of development along the Beach Boulevard frontage. • Improve the signage and sense of entry from the Interstate 405 Freeway, Beach Boulevard,and other major access points. • Implement extensive streetscape improvements along the Beach THE CITY OF HUNTINGTON BEACH GENERAL PLAN Item 13. ® Page 29 14384 ATTACHMENT` 0. 3 1 00 e• . +813` 4G e � a 4G 8B--- 11�9C 4G J 10 4G' 9B �y 4G ♦ 9 4G - —8B1 86 88 ti 4G 8 A e Y`Oc gp -OW > 4G -•a-�; t 8B / cc 8B T ♦ O 4G ° 8B ,( e 4A `�.(�$I 9F 4G d 8B V' 9F LEGEND pacfi�ocean City Boundary Old Town EADowntown PCH Coastal Corridor Pier ® Regional Commercial Core VTINGTON BEACH vuB-AREA MAP zs s 1 your City of Huntington Beach General Plan y P-3 M --439-�o(p Item 13. - tea a 297 INFRASTRUCTURE, I)COMMUNITY SERVICES CHAPTER RECREATION AND CommuNITYSERVICEs ELEMENT STATUTORY REQUIREMENTS In addition to the seven mandatory elements,other optional elements may be included within a community's General Plane Section 65303 of the California Government Code states: The General Plan may include any other elements or address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city. Huntington Beach's Recreation and Community Services Element is just such an optional element_ It is specifically concerned with identifying, maintaining, and enhancing local parks and recreational services and facilities_ Once this is adopted by the City of Huntington Beach, it becomes a component of the General Plan,with the same legal status as the mandatory elements. TECHNICAL SYNOPSIS The City of Huntington Beach's recreational opportunities consist of parks, golf courses, and coastal amenities, including Trine approximately 9.5 miles of coastal parks and beaches. This first section summarizes the Technical Background Report's existing conditions discussion. The existing condition summary is followed by the Recreation and Community Services Goals, Objectives, Policies, Implementation Programs,and Implementation Matrix. A. NON-COASTAL PARKS AND RECREATION 1. Existing Parks and Recreation Facilities Huntington Beach contains 74 73 parks which encompass 577.28 756.32 acres. These include six 10 mini parks totaling 2--.7 4.85 acres,58 50 neighborhood parks totaling 157.39175.25 acres,seen 10 community parks totaling i^� 168.33 acres, and two three regional parks (Huntington Central Park= and Blufftop Park and OC Reizional Weider Park) encompassing 274 407.90 acres. Regional facilities adjacent to Huntington Beach include Sunset Aquatic Park in Seal Beach(95 acres/260 boat slips),Mile Square Park in Fountain Valley(632 acres),and Bolsa Chica Ecological Preserve in Orange County(300 acres). THE CITY OF HUNTINGTON BEACH GENERAL PLAN Item 13. ® Page 298 �40=-I AT JAGHIAtm $`AU,.- . L4 F INFRASTRUCTURE AND COMI&, fiY SERVICES CHAPTER RECREATION AND COMMUNITYSERVICES ELEMENT 8. Equestrian Trail System The City maintains approximately two miles of horse trails located in Huntington Central Park. A 25-acre privately developed and maintained equestrian center is available for public use. Riders also utilize trails in the residential area located south of Ellis Avenue between Edwards and Golden West Streets. The City's Trails Implementation Plan contains the adopted Equestrian Trails Plan which emphasizes equestrian use west of Golden West Street within Huntington Central Park and ultimately extends the trail system into the Bolsa Chica area. The Harriett M. Weider Regional Park is planned to provide pedestrian, equestrian, and bike trails connecting Central Park with Bolsa Chica State Beach (equestrians will not be able to access the beach from this trail). 9. Newland Douse The Newland House, located on a bluff near the northeastern corner of Beach Boulevard and Adams Avenue, is the former home of Huntington Beach pioneers William and Mary Newland. Built in 1898, the house and adjacent grounds were restored to preserve the site and are operated and maintained by the Historical Society through a lease agreement with the City. The site also contains public meeting space. For information on the historic significance of the site, please see the Historical Resources Section of the Technical Background Report. B. COASTAURECREATION FACILITIES 1. Municipal Pier The City of Huntington Beach Municipal Pier is located at the intersection of Main Street and the acix c Coast Highway and serves as the focal point of the City's downtown area. The pier's facilities include a lifeguard tower, observation and fishing platforms, bait and tackle stand, "end of the pier" restaurant, and temporary public restrooms. Future facilities will include a snack shop, permanent rest rooms,bait and tackle shop, and pier plaza. 2. Beaches Igarks Huntington Beach contains approximately nine 995 miles of shoreline, including the Bolsa Chica and Huntington State Beaches, operated by the California State Department of Parks and Recreation, and the Huntington City Beach and Sunset Beach,operated by the City. The City of Huntington Beach also operates a portion of Bolsa Chica State Beach from the Pier to Seapoint Street. The tree four beaches have an annual visitation rate of fift 11 million visitors. These beaches m, compass a total of approximately 380 408.8 acres and provide regional recreational opportu;uties for sunbathing,swimming,surfing,bodysurfing,and sand volleyball. Fire rings are also available for barbecues and evening campfires. Offshore clam beds and a variety of game fish also attract divers and surf fishermen to the Huntington Beach shoreline. A trail extends the length of this shoreline, allowing for bicycle riding, jogging and walking separated from vehicular traffic. The beaches have been the sites of many national and international surfing contests and are among the best surfing areas on the West Coast. Huntington Harbour contains four small beaches. Two beaches are located at the Huntington Harbour entrances to Davenport and Humboldt Islands and two beaches are adjacent to Trinidad and Seabridge parks. Sunset Beach contains one small beach at 11`h Street and Pacific Coast Hijzhway. THE CITY OF HUNTINGTON BEACH GENERAL PLAN _441 a A,TTite 13. ® Pa a.� 9 - INERASTRUCTUREt4 .`COMMUNITY SERVICES CHAPTER RECREATIONAND COMMUNITYSERVICES ELEMENT a. Recreational Vehicle(RV)Camping The Sunset Vista Camper Facility, located on Pacific Coast Highway in the Huntington City beach parking lot at Lake Street, is a City-operated recreational vehicle camping site offering 150 spaces from September 15 through May 31. In addition, the State Department of Parks and Recreation allocates 100 spaces for camping at the Bolsa Chica State Beach. The spaces are available year-round, with a maximum two-week stay. The City beach also offers a similar program for en route RV camping between June 1 and September 14. b. Huntington Harbour Huntington Harbour is a 680 860 -acre residential development oriented around a network of manmade channels located in the northwest corner of the City. The waterways provide significant opportunities for boating which is the major recreational use of the area. The City operates three boat slips for public use. Public access to the channels is provided in several areas where boats can be rented, such as the City-operated public boat ramp located adjacent to the Warner Fire Station at Warner Avenue and Pacific Coast Highway. An additional boat ramp is located at the Sunset Aquatic Park in Seal Beach. The City also operates Percy Dock across the harbor from Warner Dock, the Percy Dock includes a parking lot and a dock but does not include a ramp. THE CITY OF HUNTINGTON BEACH GENERAL PLAN Item 13. - Page 300 442�-5 ATTIC i - u \x INFRASTRUCTURE AND COMN16- _,�Y SERVICES CHAPTER -- RECREATIONAND COMMUNITYSERVICES ELEMENT C. FUTURE RECREATIONAL. NEEDS The City has set its park standard at five acres per 1,000 people. The 1990 census indiodes that the Ci y of u *' R �h' d do 1 Q 1 t,r, The City's population is 204,784, based on the ii=a'icsii b�vir�e^ S Yv�u .va. is Sri. , , January 2010 estimate from the State Department of Finance for Huntington Reach and an estimate of 1,300 for the Sunset Beach community. Based on the 4990 2010 population and the City's standard, the City should have a total of 907 1,02392 acres of parkland in 49W 2010. City parks encompass approximately 5-76 856.83 acres, includiny, the City-owned public golf course and the tree City beaches padEs encompass approximately 390 183.42 acres. Therefore, the City contains 956 1,040.25 acres of parkland, which exceeds the defined standard. Under the Quimby Act, in-lieu funds can be used for park renovation, acquisition, and development. Recreation programs are funded through service fees and by the general fund. - Many of the local school sites provide recreational amenities and facilities to the surrounding neighborhoods, including youth sports fields. Recent population trends and budget constraints have led to school closures. Some school districts have sold or are contemplating selling the closed school sites for residential or other development. Since the schools provide recreation sites, their closure and potential future development could remove the public recreational amenity from the neighborhood. The city of Huntington Beach should assess and determine the value of acquiring the sites or portion of the sites for public use. ISSUES 1. The impact of growth on recreation and park facilities needs to be assessed and accommodated - (RCS 2.1.1, RCS 3.1.1, RCS 3.1.5,and RCS 5.1.2). 2. Closed school facilities should be evaluated as to whether the need exists to utilize a portion of each site for a neighborhood park and/or youth services(RCS 1.1.7 and RCS 5.1.1). 3. Adequacy of recreation programs and available park acreage should be periodically assessed to ensure adequacy(RCS 1.1.2,RCS 2.1.1, RCS 2.1.4,and RCS 4.1.2). 4. Parks which feature areas of natural environment should be provided (RCS 1.1.2). 5. Adequate funding for park and beach maintenance and renovation should be maintained to ensure park usability(RCS 2.1.2,RCS 2.1.3,RCS 61.2, and RCS 7.1.1). 6. Quimby Act in-lieu fees and alternative funding methods for park development and renovation should be periodically evaluated(RCS 8.1.1 and RCS 8.1.6). 7. The City should assess the impact of increases in the population or demand for community center services and should plan accordingly(RCS 2.1.1 and RCS 3.1.1). 8. The aging of the general population and increases in the senior population will increase demand for senior services. The City should asess possibilities for building a new multi purpose Senior Center and incorporate the Outreach Center to meet increased demands (RCS 1.1.1, RCS 3.1.2, and RCS 3.1.5). 9. The City is required to devise an implementation plan addressing the Americans with Disabilities Act of 1992(RCS 1.1.1, RCS 3.1.6, and RCS 4.1.3). 10. All designated park lands need to be preserved with proper land use designation (RCS 2.1.1, RCS 3.1.3, and L U 7.1.1). THE CITY OF HUNT INGTON BEACH G "FrRjk�;�Nj1_A_F � - -443 3-6 �1 Item 13. - Pa a 01 r,;•®X,. `.r7 r}�' 4w'#`c�,t'e�r,�r r® < r '�V'. ®" ,�..�tv:,®b .•'7� � ®" `�' �1 �] ®i `� M1 ' �J �) ®J r®) `!�) �® �r FIL LN z -4• �;i> SAYBROOK m �• I ALGONOUIN kr G> r ��• /�'• G G ® ; BOLSACHICA mcn —� '(^1 GRAHAM b � SPR4NGDALE qjl /EDNk' EDINA RDS �I!I,le!y''i;t:',::�;y,!I,;pi,r;,,.;;;; h�!'!ij)I!i�!, .� ,11f1:!!%i,',��•':I,.!:!Jdl!'I�!'%>'cr°ljjjj+!II,•:n?I,'":I;/ � GOLDEN WEST :-jit•! ...r! y j,�,l:l,il;l'!G,k";:.i,::,•/,r 'GOTHARD CIO d%"I I;Ilu+i!i�l!j�i i!; �!!: MILES . 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N N r� a? �- � !;►�'' � �?+; -+ Map location(see Flgun;RCS•1) �--� w �, r. € � 1w. -� �` � yy..'� � ..���; �>!cx:: eo :-uq:> •:, '•:05- �, :.s�:. w ;n;::.; a:c�: r+'+ ;*- •r� ;..#. :"f+�ii to j%�� w w c'bF1f v.., � >Cn'> 'oa< 8 .8 w Acres m Activities Building dl r� -»• �::::: ;: Ba ue or fire Pings n9s 77 Basketball _ Beach !:> Y<r>: • Bicycle Path Camping .�r1f !:`!i:i.` i;� ;�,•'6 `'�•��^ ® C!r�••� .: • .%ar,`:; � •�i�•.� �il�.': •�. •!!i�M1: • `i�?' ® .i,:�:�' ® Child Play Area(Tot Lot) Community or Recreation Center Equestrian Trails Fishing — N r< Frisbee Golf Course • '` .'-�}��h ;: Gymnasium �. Horseshoes ; Horse hce Lake Nature Center �° <d; •` Newland House 1 Barn u pen Play Area(Grass) ' �: • >'Y,,;.i• . • • � ,�;• . 1 • : . • �.�.••,; • ' •�=.�ti •; E: • r>�' •::;fir • 04i, •;:��:: •<�'!� • 0 Picnic Tables •V Racquet Bail I Handball t i :!�•{• ':ice'?i. w •: d ^tli M1 i it `i':j.'?'j. ::.nhi; `•f': . ��� � -,.. `�:, � Shuffleboard TABLE Skateboard Park r )j;FM i!Y�:}ii 1�{� .p�•;7�i�. ''.R'y{,�: IFS:. ��, Softball Diamonds ;;t�.;:r' Iii:+.'aa t.<.�ro. 'q�:�� +''fir;r. �.!�•. , s =�N Swimming Pool b'. :t^r a 'S d' -14 :�,• Tnnl • <; : in ...� a. "��� :.;,�): • Vie t ,..,..;. wpo '® 2 VIIYb o e all ;f�<; '.?fit, ,•.: ® %f:�:'s �: fi PIL C, A6 SAC rr: US, :Z F-- ca rm Map.Loca#on(see FigureRM1) S; Z! Ift, Acres CD tl AcMesBugding a Barboque or Fire Rings a a L ww" • Blcyde Path A. Camping �1.40.j Commu*t or Recreadon Center EquestrianTrails li Fishing Frisbee Goff Course Gymnasium Horseshoes Lake Nature Center Bam Newland House I 0 ta—0 6 Play Area(Grass) 0 d Ope cq d. Ra oet Ball Handball y. Shd aboard TABLP o. Skateboard Park i. $ofb all Diamonds Umrdng Pool 4t VOII$ybau 0, Updated Park/Open Space Inventory,August 2010 _ Park Name Park Type Acreage Address _ 1 Arevalos N 2.58 _10441 Shalom Dr 2 Baca C 14.35 7329 Sherwood Dr 3 Bailey(formedy Seacliff#1) M 0.59 6782 Morning Tide Dr 4 Bartlett C 27.73 19822 Beach Blvd 5 Bauer N 2.04 21401 Newland St 6 Bluff Top R 19.66 2201 Pacific Coast Hwy 7 Bolsa View N 2.70 5653 Brighton Dr 8 Booster_ _ M 0.85 16861 Baruna Ln 9 Burke N 2.50 20701 Queens Park Ln 10 Bushard N 2.38 9691 Warburton Dr 11 Carr C 10.72 16532 Springdale St 12 Circle View N 2.31 15720 Willet Ln 13 Clegg-Stacey N - 2.80 6161 Larchwood Dr 14 College View N 2.70 16281 Redlands Ln 15 Conrad N 2.71 3612 Aquarius Dr 16 Davenport Beach**** M 0.46 4031 Davenport Dr �17 Discovery Well N 6.60 6720 Summit Dr 18 Drew N 2.28 20252 Cape Cottage Ln 19 Eader J N 2.68 9281 Banning Ave 20 Edison C 39.69 21377 Magnolia St 21 Farquhar N 3.52 951 Main St 22 Finley(formerly Seacliff#2) M - 0.56 6782 Evening Hill Dr 23 Franklin N - 1.52 5760 Sands Dr 24 French**** M 0.33 3482 Venture Dr 25 Gibbs N 6.83 16641 Graham St 26 Gisler C 11.67 21215 Strathmoor Ln , } --k 27 Glen View N 3.02 6721 Glen Dr 28 Golden View N 2.81 17201 Cobra Ln 29 Green N 4.04 18751 Seagate Dr 30 Greer C 10.44 6900 McFadden Ave 31 Harbour View N 4.02 16600 Saybrook Ln 32 Haven View N 2.95 16041 Waikiki Ln 33 Hawes N 2.68 9731 Verdant Dr 34 Helme N 2.02 18591 Chapel Ln 35 Hope View N 3.61 6371 Armada Dr _ 36 Humboldt Beach****_ _ _ M 0.48 4141 Humboldt Dr__ 37 Huntington Central R 343.24 18002 Goldenwest st 38 Irby N 10.91 6770 Ruth Dr 39 Lake N 4.75 1035 llth St 40 Lake View N 2.16 17461 Zeider Ln 41 Lamb N 2.60 10151Yorktown Ave 42 Lambert N 3.50 18321 Newland St 43 Langenbeck C 17.02 8721 Suncoral Dr 44 Lark View N 3.65 17141 Fraser Ln 45 LeBard N 4.99 20461 Craimer Ln 46 Manning N 2.46 307 Delaware St 47 Marina C 9.34 5562 Cross Dr W50Moffett w N 2.96 17442 Frans Ln N 5.94 2309 Delaware St N 2.38 20400 Meander Ln C 16.04 7000 Norma Dr N 2.94 19702 Topeka Ln _ 53 Oak View N 1.31 17261 Oak Ln 54 Orange County Regional Park(Wieder)* R 45.01 19251 Seapoint St 55 Pattinson N 3.51 6200 Palm Ave s-447- Item 13. ®Page 305- _ Park Name Park Type Acreage Address 56 Perry N 1.88 8152 Deauville Dr J_ 57 Pleasant View N 2.17 16650 Landau Ln �58 Prince M 0.22 3282 Venture Dr 59 Robinwood N 1.41 5180 McFadden Ave 60 Schroeder N 2.37 6231 Cornell Dr 61 Sea bridge N 3.91 16252 Countess Dr 62 Seeley N 3.37 97115urfcrest Dr 63 Sowers N 2.65 9272 Indianapolis St 64 Sunset Beach Linear Park*** N 6.41 btwn_S.&N.Pacific Aves_ 65 Sun View N 2.45 16192 Sher Ln 66 Talbert _ N 5.44 19222 Magnolia St 67 Tarbox M 0.44 16601 Wellington Cir 68 Terry N 4.81 7701 Taylor Dr 69 Trinidad**** M 0.75 36015agamore Dr 70 Wardlow N 8.36 19761 Magnolia St 71 Wieder N 4.80 16662 Lynn Ln 72 Worthy C 11.33 1831 17th St 73 11th Street Beach**** M 0.17 11th St.and PCH Park Acreage Total 756.32 City Gym&Pool 0.50 1600 Palm Ave Rodgers Senior Center 2.01 1706 Orange Ave Beach Acreage** 183.42 Meadowlark Golf Course 98.00 Total Park/Open Space Acreage Total 1040.25 *Only includes park acreage within city limits **Includes beach area from Beach Blvd to Seapoint St.,and Sunset Beach ***Acreage excludes parking area ****Beach Park Bold text for individual parks indicates addition to park inventory list since GP adoption in 1996. _ r AI T C TNO-. - Item 13. ® Page 306 -448- ,�t� INFRASTRUCTURE AND COMMUY,.. SERVICES CHAPTER UTILlTlES ELEMENT c. Water Storage The water storage system consists of Overmyer Reservoir and the Peck Reservoir, both located within the City. Peck Reservoir's capacity is 16 million gallons and Overmyer Reservoir has a capacity of 23 million gallons. The reservoirs store both groundwater and imported water. The reservoirs fill with water at night and empty during the day. Presently, the storage facilities are inadequate to serve the water demands of the City. Policies contained in the 1995 Water Master Plan will address these inadequacies. d. Water Booster Facilities Booster facilities pump water from reservoir storage into the water distribution system when normal water pressures are insufficient. At present, booster facilities are inadequate to maintain water pressure levels. Policies contained in the 1995 Water Master Plan will address these inadequacies. e. Water Distribution System The local distribution system consists of approximately 480 miles of water lines ranging in size from 2 to 42 inch diameter pipes. Huntington Beach has an emergency service agreement with the cities of Fountain Valley' Seal Beach, and Westminster to receive water during a disaster. The existing system is inadequate, but with policies contained in the 1995 Water Master Plan,these inadequacies will be addressed. 2. Improvements The 1995 Water Master Plan analyzes demands and impacts of surrounding communities such as Sunset Beach and Surfside on the City's system, as well as the anticipated impact of future developments such as the Bolsa Chica. The Huntington Beach's Water Department currently supplies or may supply water to - these areas. The Master Plan identifies the following improvements which the Water Department is in the process of requesting approval from the City Council to fund and construct: a. Three new underground water wells. b. 43 million gallons of water storage that has been designed but the site has yet to be determined. c. The City will participate in the Orange County Water District's Green Acres Project. The Green Acres Project is a treated reclaimed water project which will be used for landscape irrigation. The reclaimed water distribution line location will be determined by the Orange County Water District; anticipated start up date is 1997. B. SANITATION TREATMENT AND SEWERAGE fhe Sanitation Treatment and Sewerage services for the City of Huntington Beach are provided by Wive three entities: The Orange County Sanitation District(OCSD),and the City of Huntington Beach Public Works Department, Engineering Division and the Sunset Beach Sanitary District. Currently, 98 percent of the City is connected to the sewer system. The remaining two percent utilizes septic tanks and is scattered throughout the City. These areas are under no pressure to convert from septic tanks to the sewer system at this time. THE CITY OF HUNTINGTON BEACH G 691 �449- Item 13. ® Pale 307 INFRASTRUCTURE At- 'OMMUNITY SERVICES CHAPTER UTILITIES ELEMENT L Orange County Wastewater Treatment The two wastewater treatment plants serving the City of Huntington Beach perform primary and secondary treatment procedures. Plant#1 is designed to treat the wastewater generated by neighboring cities and the northern portion of the City. Operators in Plant#1 determine whether it has the capacity to treat the directed wastewater or if the wastewater should be transported to Plant#2. Plant#2 treats most of the City's sewage. The following table describes the characteristics of the two plants: Current Operating Ca acity Existing Operations Planned Improvements Plant#1 60 Primary MGD 50 Primary MGD Additional 60 60 Secondary MGD Primary MGD Plant#2 200 Primary MGD 170 Primary MGD None 95 Secondary MGD The OCSD has developed engineering plans for plant improvements anticipated to meet the needs of the City to the year 2050. Implementation of these plans is dependent on increased demands rather than a set time table. Many of these improvements will need to be implemented prior to the construction/occupancy of any planned large developments. At present,the OCSD has seen a 14 percent drop in wastewater treatment demand due to water conservation practices and City and County imposed regulations. However, the OCSD states that this trend ina}, be misleading and that it may be premature to determine future demand trends. 2. Existing Sewage Collection System The existing sewage collection system consists of major trunk lines, smaller feeder lines, and lift stations. The City's Public Works Department and the Sunset Beach Sanitary District is are responsible for the local level of service while the OCSD is responsible for the regional service. The OCSD's trunk lines connect local lines to the treatment plants. The major trunk lines flowing to treatment plants are constructed and designed to incorporate all the City's smaller outlet sewer lines. The sewage trunk lines are designed to not exceed 0.75 depth over diameter (D/D), the system is currently working at about 0.5 D/D. OCSD has no immediate plans for updating the existing lines other than She; normal replacement of deteriorating sewer lines and trunks. The OCSD also owns and operates three pump stations in the City. The pump stations help transp^ _ the. sewage through the system and onto the treatment plants. The Slater Pumping Station is presently s)t zez improved. This pumping station is instrumental for any future developments of Bolsa Chica and McDonnell-Douglas. The City of Huntington Beach and the Sunset Beach Sanitary District owns, operates,and maintains the smaller sewer lines that run from the households or businesses to the larger City and ®CSD owned sewer trunks. THE CITY OF HUNTINGTON BEACH GENEIrNt .__ ITT TT '} �jj fl Item 13. - Page 308 -450- 1 r • • a 1 i • • • r s • i • T � z KNEE c e .,.; ,�.. !,. ? ��•�I ?-cam � :� �- t v j_ COASTAL F,L.i;MFNT TECHNICAL SYNOPSIS Coastal Zone Overview The Coastal Act establishes policies for coastal resource preservation and defines an area where the policies shall apply. That defined area is known as the "Coastal Zone." The Coastal Zone runs the length of the State's shoreline from its Oregon border south to the Mexican border. Huntington Beach is a shoreline community, a portion of which lies within the State's defined Coastal Zone. The City's Coastal Zone boundary runs from the northern City limit at Seal Beach, south torte approximateIV 9.5 miles to the Santa Ana River at the Huntington Beach/Newport Beach boundary. It extends inland from the mean high tide line from 1,000 yards to over one mile in some areas. The Huntington Beach Coastal Zone encompasses approximately five 5_2 square miles of land and water, or about seventeen 19 percent of the total area of the City. The Huntington Beach Coastal Zone boundary is shown in Figure C-2. The Huntington Beach Coastal Zone includes a wide variety of land uses. Open shoreline, parks and recreational facilities, habitat areas, residential, commercial and industrial uses,as well as, energy and oil extraction facilities currently exist in the Coastal Zone. At the north end of the Coastal Zone is Huntington Harbour, a man-made residential marina with commercial centers -u-6 residences oriented toward the waterways, and the community of Sunset Beach, a primarily residential area with an expansive beach and a variety of commercial uses. South of Huntington Harbour and Sunset Beach is the Bolsa Chica area which is presently undeveloped and unincorporated, but lies within the City's Sphere of Influence fur potential future annexation. Further south,and adjacent to the Bolsa Chica, is a large undeveloped area of land, part of which is presently in oil production. The Seacliff residential development and golf course lie to the north_ Next is the City's downtown area, which over the last ten years has been transformed through re-development into the primary activity node in the City for both residents and visitors. The downtown area includes, among other things,the Municipal Pier and Plaza,destination fiesoYt facilities, and a wide variety of visitor serving amenities and activities. At the south end of the Coastal Zone,a major electrical power plant dominates the surrounding shoreline,while nearby,a large sewage treatment facility processes waste from throughout the County. These facilities are near restored coastal wetlands that serve as habitats for numerous wildlife species, including the endangered California least tern and Belding's savanna sparrow. The following paragraphs describe, in more detail,the City's Coastal Zone; its existing land uses, proposed land use plan and coastal resources. For purposes of discussion,the Coastal Zone is divided into sub-zones. Figure C-4 depicts the Coastal Zone and its five sub-areas. Figures C-5 through C-9 depict individual sub-areas and proposed land uses. Land use category definitions and listings of permitted uses and densities per Iand use category are provided in'fable C-1. Section 4 provides an overview of the issues that must be addressed in the Coastal Zone to comply with Coastal Act policy. Section 5 provides specific policies that the City will follow in order to preserve and enhance its coastal resources and amenities, and Section 6 provides an overview of implementation actions and regulations to carry out the policies. THE CITY OF HUNTINGTON BEACH GENERAL PLAN , Ite 13. - Page 310 -452- ca - COASTAL ELEMENT Sub-Area Descriptions and Land Use Plan Zone I—Huntington Harbour/Sunset Beach This area includes the City's Coastal Zone between Warner Avenue and the northeastern City limits. (Figure C-5.) Existing Land Uses Inland(Pacific Coast Highway and areas north to the Coastal Zone boundary) Huntington Harbour is an 860 acre residential, man-made marina that occupies the majority of this zone. The Huntington Harbour development is primarily residential with approximately 4,000 residential units, including single family homes,condominiums and apartments all oriented around the three mile network of navigable channels. Sunset Beach is a 109 acre residential and beach community, a limited portion of which is inland of Pacific Coast Highway. The inland portion consists of residential and commercial uses, Sunset Channel and 11"'Street Beach. Zone 1 also includes three commercial centers(one neighborhood serving and two visitor serving)with retail services,overnight accommodations and eating establishments. Public facilities include seven neighborhood parks,a fire stations lOL Street beach and three boat ramps. A private yacht club and a private racquet club are also located here. Coastal(Seaward of Pacifrc Coast Highway) This portion of Zone 1, •.,hieh inetua consists of Sunset Beach,does not lie within the C"t -, eorparate limits and is,therefore,not a paft of this Coastal Elemen .which is developed with 700 residential units, the maiority of which are located seaward of Pacific Coast Highway. This portion of Sunset Beach also includes various visitor serving commercial uses, the approximately 33 acre public beach and a 13 acre linear park/public parking facility,with public restrooms and a tot lot. Coastal Element Land Use Plan Inland(Pacific Coast Highway and areas north to the Coastal Zone boundary.) Zone 1 is primarily built out,consistent with Coastal Element Land Use Plan designations. The land uses permitted in this zone are summarized below and include residential,commercial and open space. This The inland portion of this zone also includes Community District/Sub-areas 4A,4L,8A and 8B. The Community District and Sub-area Schedule shown in`fable C-2 further defines permitted uses,density_/intensity and design and development standards. Coastal(Seaward of Pacific Coast Highway) The Coastal Element Land Use Plan does not addfess this area whieh is outside City li This portion of Zone 1 is also primarily built out,consistent with Coastal Element Land Use Plan designations. The land uses permitted in this zone are summarized below and include residential,commercial, public and open space. This zone also includes Community District/Sub-area 4L. The Community District and Sub-area Schedule shown in Table C-2 further defines permitted uses,density/intensity and design and development standards. THE CITY OF WNTINGTON BEACH GENERAL PLAN IV-C-10 _ 11 -453- Item -13. - Page 311 COASTAL ELEMENT ZONE 1 —LAND USE DESIGNATIONS RESIDENTIAL RL 6.5, RL-7,RM-15, RMH-25, RH-30 COMMERCIAL CG-FI, CV-172-d,CN-FI, CV-mu MIXED USE M-s PUBLIC P-OS-CR, P OPEN SPACE OS-P,OS-W ZONE 1—SPECIFIC PLAN AREAS Huntington Harbour Bay Club Sunset Beach ZONE 1 —GENERAL PLAN OVERLAYS 4A, 4L, 8A, 8B See Table C-1 for land use category definitions. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-11 ATTA H N f .- Item 13. - Page 312 -454- . 65 s u - __- • - ' .emu � �i aw•e����-imwwre��w0'.�'i� _��� ��'8c�i,�1. .�___. 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'�^9..,.�.� ��y>.a+..nnuo- sw.I3•n�,a.2Yf�Y� �.f� r•,N �` � � 4 ♦ 1 u Anm.D,ur,�, 1' li !i i• t. :t:" `�.-1•• `� �',. �/' 'ask , it Y 1 �' .�., ,^.•a,ct '•:D!...�, 'car 1 t sal,• ...,t,. 1 '•}'(}M`�;..'6N�.... .�.,,,.1 ?, �,w,,.,._,,;'� j' • .. I /.. ...J, r.y..' ,.� I r .•i•"•Y�(YY'.f,:' :�,i. ( ~ ., /aa: �`11•.✓�^ ...^" ,......r•'C':.;.q^tr' :,-�L,�a�%h..,;t �. i.. A i,.,.t.., „4. r Y 1,.9,�•t.a.•/<���...,..11r,r(sk(t'.y,.... L..__: �...,...;: •`v;' ;r�.:r_,y!'./,',`C`;• '"'".....,, ,I�r;..,...r•,,..... r / p�q Fy ,.�, ., ..•�'':r: mac..( .l � � l Ff , , t \ . r : F "-I l J r;t 1.........+ : �.1,...�..1 1 r I~` C�/•..y ,f .7�. ,° � ,..5\ 'U y.7 A , v'"•'t y,• ,,.,,...... CFann I Ln .,� �, MarI.G1d..Qa iDr" y t•._ .C fry ,I n ... ! ; r•), r ,.�j�, .r:.r:.:....... ... ... , ...._..r� ,...... .. �aar���.,(! •., '.I..I..1 I I t,.�.. 11,1..1...t_. s:,4\ � x.,'aixU , _i::rx , g o i 10 Ii NOR c :1:. :.k�, `:R,f"...� �). `.ISY;� 'i�y,• Y YR.,,,�^(y;.F.:l.iii�.::'::Yr`: S k t" 0 LEGEND N ® �t Residential High Density ; Parcels Commercial Visitor-Mixed Use Overlay Right Of Way (, Public --�^ Huntington Beach Boundary Open Space-Shoreline Sunset Beach Boundary 0 X 9 Open Space-Water Recreation M Q -sp Specific Plan Overlay This designation applies to all Land Uses for this area, Exhibit 2 " Land Use Plan COASTAL ELEMENT COASTAL,ELEMENT LAND USE PLAN LAND USE,DENSITY AND OVERLAY SCHEDULE TABLE C-1 (continued) OYWAY CHARACTERISTICS//1EQUIR EMEN'TS CATF.GORY Specific Plan—sp Permits underlying land uses and requires that a Specific or Development plan be formulated for large scale,mixed-use multi-phased development projects which provides greater specificity for land use and infrastructure plans, design and development standards, and phasing/implementation. Any portion of a new or amended Specific Plan within the coastal zone must be submitted to the Coastal Commission as an amendment to the City's certified local coastal program and shall not become effective until certified by the Coastal Commission. Pedestrian District Permits underlying land uses and requires conformance to land use -pd (restrictions on non-pedestrian active uses)and design standards(e.g., siting of building frontages)to ensure high levels of pedestrian activity along the street frontage. Historic District Permits re-use of existing historic structures for the underlying land uses -h provided that the re-use is consistent with the standards and policies of this LCP. Residential Mobile Permits the density of an existing mobile home park, located within a Home Park—rmp residential low density designation,to exceed the underlying density of seven(7)units per acre. The maximum density of the mobile home park shall not exceed the existing density of the mobile home park. Mixed Use Permits the development of residential uses in conjunction with -mu the underlying commercial designation. The overlay permits the development of horizontally or vertically integrated mixed use projects(housing with commercial uses). The design and density for a mixed use project shall be as shown on the Figures C-5 through C-9 or as set forth in a Specific Plan. If a mixed use project is not proposed, then the density of the underlying commercial desil4nation,shall be utilized. Special Design Permits underlying land uses in accordance with special design standards Standards—d provided that the special design standards are consistent with the standards and policies of this LCP. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-33 ATYA fM 9R Al=kE-7- k&r% -457- Item 13. ® Page 315 COASTAL ELEMENT COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued) Subarea Characteristic Standards and Princi les 4K Design and 5) within the southern grove ESHA buffer only — a water quality Natural Development Treatment System may be allowed so long as it is located in an area that is most protective of coastal resources and at least 246 feet from the ESHA. 6)In addition to the required ESHA buffer described above,grading shall be prohibited within 500 feet of an occupied raptor nest during the breeding season(considered to be from February 15 through August 31); C. Habitat Management Plan shall be prepared for all areas designated Open Space-Conservation which shall include restoration and enhancement of delineated wetlands, wetland and habitat mitigation, and establishment of appropriate buffers from development. D. Protective Fencing: Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas. 4L Permitted Uses Category: Residential High Density ("RH"), Commercial Visitor Sunset Beach ("CV"), Shoreline ("OS-S"), Water Recreation ("OS-WR") and Public ("P")uses pursuant to the Sunset Beach Specific Plan(SP 17 Densit /Intensit Pursuant to the Sunset Beach SpEcific Plan SP 17 Design and Category:Specific Plan("-sp")and Mixed Use("-mu") Development . Requires the conformance with a specific or master plan. • Mixed Use Overlay for the CV area for the allowance of residential uses pursuant to the Specific Plan 8 Area wide Maintain and establish commercial centers to serve surrounding residential Commercial Functional Role neighborhoods and the greater community. Nodes 8A Permitted Uses Category: Commercial General("CG") Community a Commercial uses permitted by the"CG"land use category. Commercial Density/intensity Category: "-Fl" Height: two(2)stories Design and Design to achieve a high level of quality in conformance with Policy LU Development 10.1.4.and Policy LU 10.1.12 8B Permitted Uses Category: Commercial Neighborhood("CN') Neigh- Commercial uses permitted by the"CN"land use category. borhood Commercial Density/Intensity Category: "-F1" • Height: two(2)stories Design and Design to achieve a high level of quality in conformance with Policy LU Development 10.1.10 THE CITY OF HUNi'INGTON BEACH GENERAL PLAN IV-C-45 ATTACH �fi� Fern 13. - Page 316 -458- 8- co �a Fa BUJs/•• \ N.�., ��O a v u� yo d 'e Qo a � aac �c a o� �a ce a /• �� eF..tt Y O� �acc {/eY ✓1 � o 4A o p.6fic Ocean LEGEND L City Boundary Beach Boulevard Coastal Zone PCH Coastal Corridor Boundary ® Regional Commercial Core HUNTINGTON BEACH SUB-AREA MAP 0 .25 .5 � �o CITY OF HUNTINGTON BEACH COASTAL ELEMENT 9y 5 . 0 IV-C-4(n �T-rAt-11 dftP�&i t- 0ar-,_ .11 -459- Item 13. ® Page 317 COASTAL ELEMENT TABLE C-3 Public Parking Op rtunities within Coastal Divisions Coastal Free Metered Total Zone Division Parking Parking Parking Parking (Figure C4 Location Spaces Spaces Spaces Comments Zone 1 PCH(on-street)l 300 300 Peter's Landing 630 630 HH Yacht Club 76 76 $1.00/hour Sunset Beach*-- 672660 672660 4 hr. maximum Zone 2 Bolsa Chica State Beach 2200 2200 $5.00/day PCH(on-street) 324 324 $1.50/hour Zone 3 PCH(on-street) 260 260 $1.50/hour Surf Theatre Lot 39 39 Permit Only Zone 4 Pier Plaza. 421 421 $1.50/hour Main Promenade 815 815 $1.50/hour PCH(on-street) 486 486 $1.50/hour Business Streets 206 206 $1.50/hour Residential Streets 218 218 $1.50/hour City Beach Lot 250 250 $1.50;hour City Beach Lot 1813 1813 $7.00/day _ Zone 5 HB State Beach 1200 1200 $5.00/day PCH/River(inland) 110 110 PCH/River(ocean) 75 75 Beach Blvd. (1600' 83 83 $1.50/hour inland) Newland to channel 75 75 Magnolia to channel 81 81 Brookhurst to 22 22 channel TOTAL 4-,9651,953 8,481 10,44634 Note; 'Most er all leeated outside of the City 5 s Ceastal Zene beundaizy. Commercial Parking Much emphasis has been placed on providing adequate parking for commercial facilities in the Coastal Zone to ensure that commercial parking demands do not negatively impact recreati,­!:a1 beach user parking. This issue was especially significant when planning for the re-development of the City's Downtown area into a dense node of visitor serving commercial facilities. The unique parking issues of the Downtown area have been resolved through the developmeras.and implementation of the Downtown Huntington Beach Parking Master Plan(see Technical Appendix). The Downtown Huntington Beach Parking Master Plan was adopted in 1993 and. provides for shared parking facilities including on-street parking, lots and nearby municipal parking structures. Annual reports and modifications of the Master Plan, if needed,will serve to ensure that adequate parking facilities are provided for existing and planned commercial uses in the Downtown area. Other commercial areas within the City's Coastal Zone,but outside ih downtown area,meet their parking needs through implementation of the City's Zoning THE CITY OF HUNTINGTON BEACH GENERAL PLAN Iv-C-54 ATTA CHMEN N ,� . w Item 13. - Page 318 -460- - COASTAL ELEMENT Direct Access The City's Rine approximately 9.5 miles of shoreline(including the residential co-op located on the west side of the Pier which is on land leased from the State)are under public ownership and are designated for public recreational use. Consequently,opportunities for direct physical access to the shoreline are excellent. Direct pedestrian access to the shoreline is provided at several intervals along the entire length of the Coastal Zone, including a new shoreline access(a stairway and a handicap access ramp) constructed at Seapoint Avenue and Pacific Coast Highway near the planned Harriett M. Wieder Regional Park. Access to the Huntington Harbour waterways is somewhat limited due to the residential nature of the surrounding area, but could be enhanced through increased public awareness of existing access points. Additional access points may be provided through re- development or when existing uses are improved. Access to the shoreline in Sunset Beach is excellent: there are 27 street-end locations through the residential areas located every 200 feet along the approximately one mile long beach frontage. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-56 -461- Item�;a13. Page 31 COASTAL ELEMENT Public Recreational and Visitor Serving Commercial Facilities Public Recreational Resources Coastal Act policy promotes the protection of coastal resources white accommodating public demand for such resources. Further,Coastal Act policy promotes the protection of recreational and lodging opportunities for low and moderate income persons. Huntington Beach is known internationally for its temperate climate,excellent surfing beaches, and plentiful recreational amenities and opportunities. Consequently, millions of visitors are attracted to the City's shoreline each year(an estimated 9.6 million in 1998). As the general population grows,the demand for year round recreational resources along the coastline will also grow. Coastal Element policy recognizes the City's responsibility to balance the need to provide adequate recreational facilities to serve the greater than local community, while protecting the resources and character of its Coastal Zone. An overview of Huntington Beach's most significant recreational resources is described below. Figure C-16 identifies the location of these resources. Beaches The City's Coastal Zone contains over nine 9.5 linear miles of sandy beach shoreline area encompassing approximately 3W 409 acres. The three four beaches in Huntington Beach are Bolsa Chica State Beach and Huntington State Beach, which are operated by the State Department of Parks and Recreation,and Huntington City Beach and Sunset Beach which ns are operated by the City. Sunset Beach includes approximately 1 mile of shoreline between the City of Seal Beach and Bolsa Chica State Beach. Bolsa Chica State Beach includes six slightly more than five miles of shoreline between Warner Avenue and the Municipal Pier. Huntington City Beach includes approximately one mile of shoreline between the Municipal Pier and Beach Boulevard. Huntington State Beach consists of the two mile shoreline area between Beach Boulevard south to the Santa Ana River. All of the beach area is in public ownership. The entire beach area is designated as open space in the Coastal Element Land Use Map. Recreational opportunities at the City's beaches are extensive and include activities such as sunbathing, swimming, surfing,bodysurfing,sand volleyball,skin and scuba diving. Huntington Beach is known as one of the best surfing areas on the west coast and has hosted numerous national and international surfing contests. Its renowned surf is a result of the shoreline's long, gradually sloped beach gradient and location in relation to ocean swells. Fire rings are provided for barbecues and evening camp-fires. Offshore clam beds and a variety of game fish attract divers and surf fisherman to the Huntington Beach shoreline. In addition,the Coastal Bikeway, a regional Class I Bikeway, extends the length of the shoreline in Huntington Beach(it continues south to Newport Beach and north to Seal Beach). This paved bikeway provides for bicycle riding,jogging,roller blading,walking and similar activities separated from vehicular traffic. Proposed improvements include widening the existing Coastal Bikeway within Huntington Beach from its existing average width of 12 to 15 feet to twenty feet. There are five small beaches in the Huntington Harbour and Sunset Beach areas. The beaches range in size from one-fifth to three quarters of an acre. Non- traiierable boats may be launched from these beaches and some are used for sunbathing, swimming and general beach recreation. THE CITY OF HUNI'INGTON BEACH GENERAL PLAN Item 13. - Page 320 -462- �3 F COASTAL ELEMENT Municipal Pier and Plaza The City's Municipal Pier is located at the intersection of Main Street and Pacific Coast Highway and serves as the focal point of the City's Coastal Zone. The Pier,which was re-built and opened in 1992, is 1,856 feet long, 30 feet wide and 38 feet above the mean low water level. It is constructed of reinforced concrete. It includes a variety of visitor serving and recreational amenities, including a restaurant,community access booth, lifeguard tower and observation and recreational fishing platforms. Visitors can use the Pier to sight see,stroll,fish and dine. Coastal Element policy, among other things,limits building heights on the pier to a maximum of 2 stories/35 feet. Coastal Element policy also requires that public access around the entire perimeter of the pier be maintained. Proposed enhancements to the Pier include a funicular/trolley system to transport pedestrians from the Plaza area to the end of the Pier and back. The Main Pier Plaza has more than eight acres of public space located at the base of the Municipal Pier on the ocean side of Pacific Coast Highway,between First and Seventh Streets. The public plaza includes a palm court, a 230 seat amphitheater,a spectator area,accessways to the beach and lawn,restrooms and concessions,bicycle parking facilities and automobile parking. Pier Plaza was designed as a community focal area where public speaking forums, surfing competitions, foot races,outdoor concerts and similar events are held. Parks Other than the sandy shoreline area itself,existing parks in the Coastal Zone include those listed in Table C-4 below and depicted in Figure C-16. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-60 ATT HNAF T _ -463- Item 13. ® Page 321 v o x � v � a z o m SEAL ! " WESPAINSTER BEACH BOLSAI 0 ' x O � z m MC o o FADDEN a ti . 3 --� z EDINGfR 16 -— �� HEIL -- WARNER FOUNT/UN " . :� . 8 VALLEY 405 E+=�` v^'af -SLATETALBERT CIF C rs sy o ELLIS p ti ' a -- — - - GARfifLD Legend YORRTONI;' City Bounda ; ME Coastal Zone 1 2 p9� ADAMS + INDIANAPOLIS Recreational Resour _` _ 1 1.Municipal Pier and Plaza 1 ATLANTA 2.City of Huntinton Beach City Bea i 3.Huntington State Beach 4. Bolsa Chica State Beach .�, v - 2 HAMILTON 5. R.V.camping sites at beaches 6-Seacliff Golf Course 5 7. Huntington Harbour waterways .• BANNING 8.Docks at Huntington Harbour Marina 3 9.Proposed Orange Coast River Park COSTA 10.Proposed Harriet M.Weider Regional Park 5 MESA 11.Booster Park 12.Conrad Parks 9 13.French Park 14.Prince Park JT dC y; 15.Scabridge Beach Paris 16.Tarbox Park 17.Trinidad Beach Park 18.Manning Park "SV✓�Q �" QO�{�1 Lt�Q i' , 19.Bluff Top Park 20.Bolsa View Park 21.Lower Seacliff Greenbelt SIGNIFICANT RECREATIONAL RESOURCES °S iA z CITY OF HUNTINGTON BEACH COASTAL ELEMENT ItemATTACHMEN-13. - Page 322 -464-jV•� I rind COASTAL ELEMENT TABLE C-4 Coastal Zone Parks LOCATION SIZE/Acres Zone 1 Booster Park—Baruna and Davenport 4:00.85 Conrad Park—Aquarius and Trinidad 3.07 71 Davenport Beach—4031 Davenport 0.46 Dr.*** French Park—Venture @ Harbor Channel*** 040.33 Humboldt Beach-4141 Humboldt 0.48 Dr.*** Prince Park—Typhoon and Venture 0.22 Seabridge Beach Park—3222 Countess 4-43.91 Sunset Beach Linear Park-between N. and S. Pacific Avenues** 6.41 Tarbox Park—Wellington and Melville "0.44 Trinidad Beach Park—Trinidad @ Long 0.75 Channel*** I11h Street Beach- 11th St. & PCH*** 0.17 Zone 2 Bolsa View Park-Brighton and Crestmoor 3-02.70 Zone 3 Pattinson Park 3.51 Harriett M. Wieder Regional Park *111.00 Bluff Top Park 20.019.66 Bailey—Loyye Seacliff are nbeian�I a�u t lsl R ; 040.59 vaaa. an4T�a4m Zone 4 Manning Park—Delaware and Detroit 242.46 Total Acres U4J156.65 *At present,49 acres of the I I I total are privately owned,to be dedicated,per agreement,at a later date. **The 6.41 acres represents the tot lot, restrooms, walking path and adjacent landscape areas. In addition to the park space there are approximately 6.6 acres of public parking. ***Peach Park Proposed parks include the Harriett M.Wieder Regional Park(formerly known as the Bolsa Chica Linear Park) and the Orange Coast River Park. Land for the Regional Park has been identified(approximately one-third has been dedicated and is in public ownership). A development plan for the park has been devised through coordinated efforts between the City and County of Orange. Once developed,the Harriett M..Wieder Regional Park will connect Central Park to the coastline via the Huntington Beach bluffs,at Seapoint and Goldenwest. The Regional Park will provide views and linkages to the Bolsa Chica wetlands as well. THE CITY OF HUN'TINGTON BEACH GENERAL PLAN IV-C-61 ATTACHMENT N ::� -465- Rem 13. ® Pa e, 2 COASTAL ELEMENT The Orange Coast River Park is in the early stages of planning at this time. The present conceptual plan for the park is to link parks from inland cities to the coastline via the Santa Ana River trail. The Orange Coast River Park is proposed to extend north from the Santa Ana River, in Huntington Beach,along the inland side of Pacific Coast Highway to Beach Boulevard. Feasibility studies for the park concept are now underway. Coastal Element policy supports and promotes the maintenance and preservation of existing parks, the development of the planned Harriett M. Wieder Regional Park,and further study of the feasibility of the proposed Orange Coast River park. Recreational Vehicle Camping The Sunset Vista Camper Facility,located on Pacific Coast Highway in the Huntington City Beach parking lot at First Street,is a City-operated recreational vehicle camping site offering 150 spaces from September 15 through May 31 annually. The facility allows camping immediately adjacent to the beach sand area. In addition,the State Department of Parks and Recreation allocates 50 spaces for enroute overnight camping at both Huntington State Beach and Bolsa Chica State Beach. Campers pay a nominal fee per night and are required to check in after 8:00 p.m. and leave by 9:00 the following morning. The RV spaces made available under this program are for year-round use. The City Beach also offers a similar program for enroute RV camping between June l and September 14, annually. Coastal Element policy promotes the preservation of these opportunities and exl;ansil'.Iti of the camping program at the State beaches to mirror the overnight program permitted at the t:iiy beach parking lot_ Trails and Bikeways The City boasts an extensive trail system that can be used by bicyclists,roller bladers,joggers and strollers. The Coastal Zone includes a Class I trail that runs the entire length of the Coastal Zone and is linked to regional bikeways. It also includes several east west bikeways that access the City's Coastal Zone,and a major trail along the Santa Ana River. In addition,the County has plans for a future riding and hiking trail that will extend from the existing riding and hiking trail system in Central Park, which is just outside the City's Coastal Zone boundary,along the proposed Harriett M.Wieder Regional Park to points near the shoreline. The County's Master Plan of Regional Riding and Hiking Trails identifies two regional trails within the City's Coastal Zone:the Santa Ana River Trail and the Huntington Beach Trail. The Commuter Bikeway Strategic Plan(the regional bikeways plan for Orange County)identifies three regional Class I bikeways within the Coastal Zone: the Santa Ana River Bikeway, Wintersburg Channel Bikeway and the Coastal Bikeway. (Figure C-14.) Golf Courses There is one private(no public)golf course in the City's Coastal Zone: Seacliff Country Club. R is an eighteen hole course located on Palm Avenue,west of Goldenwest Street. Huntington Harbour Huntington Harbour is an 860 acre residential development oriented around a network of manmade channels located in the northwest corner of the City. The channel system covers a surface area of 225 acres and houses approximately 2,300 mostly private boat slips. The waterways,which are available for public use,provide significant opportunities for boating. Access to the channels is provided in several areas where boats and boat slips may be rented,and by the City operated boat ramps(Percy Dock and Warner Dock)located near the Warner Avenue THE CITY OF MJNTINGTON BEACH GENERAL PLAN IV-C-62 Item 13® ® Page 324 - .�� CT � COASTAL ELEMENT Fire Station. The Percy Dock also provides City operated parking. An additional boat ramp, French Dock, that can accommodate large boats is available at the Sunset Aquatic Regional Park immediately north of Huntington Harbour within the City of Seal Beach.The entrance to the Huntington Harbour channels is located at the northwest end of the harbor and passes under a bridge at Pacific Coast Highway. Some of the recreational opportunities in Huntington Harbour are private,accessible only to Harbour residents. However,a number of public recreation areas are available. Trinidad Island includes a 2.7 acre greenbelt park(Conrad Park) with a bicycle/pedestrian path,two small vista parks, a fishing dock and a walkway around half the island. A 44 3!9 acre City neighborhood park is also located on Seabridge Peninsula. The Harbour area also includes three small beaches and parks accessible to the public. The developed status of Huntington Harbour dictates the current state of public access in the area. In the event that new development,or significant redevelopment, fronting a channel area does occur,the City's Coastal Element policy requires that adequate public access to the waterways be provided. Sunset Beach Sunset Beach is a 109 acre community that extends approximately one mile-from Seal Beach at the northwest to Bolsa Chica State Beach at the southeast. It is comprised primarily of public land uses including right-of-way. Only 31 acres of the community are developed with private residential and commercial uses. The majority of the community is located seaward of Pacific Coast Highway and is characterized by the open sandy beach and combination linear park and public parking facility. This facility contains a tot lot,walking path,five public restroom buildings and 660 public parking spaces. Access to the beach is provided at 27 street-end locations,through the residential areas,located every 200 feet along the beach frontage. The inland portion of Sunset Beach includes Sunset Channel,which is connected with the Huntington Harbour channel system, anti 11th Street beach, where small boats such as kayaks and canoes may be launched. Boating Facilities Boating facilities in Huntington Beach are primarily provided in Huntington Harbour. Development of a second marina in the City's Coastal Zone is limited by a lack of appropriate sites. Boat storage is provided within the Huntington Harbour Marina and in off-site dry storage areas. City policy allows for boat storage on private residential property if properly screened and accommodated,as well as within industrially zoned areas. THE CITY OF HUNTINGTON BEACH GENERAL PLAN -467- A Item 13. ® Page 325 COASTAL ELEMENT Visitor-Serving Commercial Facilities The City's Coastal Zone is host to millions of visitors each year. The Coastal Act places a high priority on land uses and facilities that serve the needs of these visitors. Visitor-serving facilities include public and private developments that provide accommodations, food,entertainment and services. The City's Coastal Land Use-Plan defines activity nodes where visitor serving uses are concentrated. The use of concentrated nodes allows the City to capitalize on shared facilities and minimize impacts to more sensitive resource areas in the Coastal Zone. The most concentrated area of visitor serving uses is within the Downtown area near the Municipal Pier, .Significant visitor serving facilities within the Coastal Zone are briefly described below. Huntington Harbour/Sunset Beach The Huntington Harbour and Sunset Beach areas includes commercial uses to serve residents and visitors. Visitor serving commercial uses include hotels,motels,restaurants, retail shops, entertainment and private recreational facilities such as the Huntington Harbour Yacht Club and a fitness/racquet club. Seacliff Promenade Conceptual Blaster Plan Area The Seacliff Promenade Conceptual Master Plan Area is bounded by Pacific Coast Highway to the south,Palm Avenue to the north, Seapoint Avenue to the west and Goldenwest Street to the east. The planning area comprises approximately 150 acres and is presently under the ow.lersAlip of PLC Properties and Aera Properties. PLC Properties owns the 56 acre parcel located at the northeastern section of the site. Aera owns the remaining 94 acre portion which fronts Pacific Coast Highway. At this time,the site represents one of the largest, undeveloped contiguous areas in the Huntington Beach Coastal Zone. The planning area is designated in the Coastal Element Land Use Map as Mixed Use-Horizontally Integrated Housing(MH-F2/30(Avg. 15)-sp), which permits residential,visitor serving commercial and open space uses. A specific plan or plans, as well as,a"conceptual master plan of development",consistent with the Coastal Element Land Use Map,are required before any development may be approved on the site. Per the site's Coastal Element Land Use Map designation, commercial uses will be limited to those permitted by the Commercial Visitor land use category. (See Table C-1,Coastal Element Land Use Plan Land Use,Density and Overlay Schedule,and Table C-2,Community District and Subarea Schedule). The amount and precise location of commercial land that will be included within this planning area will be determined through the conceptual master plan and specific plan preparation and adoption processes. The required master and specific plans are subject to Coastal Commission approval which would be submitted to the Coastal Commission as an LCP amendment that would take effect upon Commission certification. Both are consistent with Coastal Act and adopted City policy noted in this Coastal Element. Pursuant to the adopted Palm/Goldenwest Specific Plan, it is anticipated that the 94 acre Aera property,which fronts Pacific Coast Highway,will house visitor-serving commercial,open space and recreational/civic uses such as a public museum,with visitor-serving commercial uses having preference. This property is presently used for oil production and is expected to maintain its existing oil activities for the next 15 to 20 years.The 56 acres located in the northeast portion of the planning area and owned by PLC Properties, is approved for up to 315 dwelling units. THE CITY OF HUNTINGTON BEACH GENERAL PLAN N-C-64 Ste 13. a Page 326 -468- ������ -HWN � •�`� COASTAL ELEMENT While supply does not appear to be an issue, studies reveal an inadequacy in the amount of emergency and reserve storage and booster pumping capacity for present day and future demands. The City's water storage system consists of the Overmyer Reservoirs Nos. 1,2 and 3 and the Peck Reservoir. All are located within the City, but outside of the Coastal Zone. The Peck Reservoir capacity is 16 million gallons and the Overmyer Reservoirs' combined capacity is 24 million gallons. The reservoirs serve as regulating reservoirs for peak demands and provide storage for planned outages and emergencies. The reservoirs generally fill with water during nighttime low demand periods with imported MWD water or groundwater and drain during the daytime high demand periods. Booster pumping facilities pump water from the reservoir storage into the water distribution system to maintain adequate supply during peak periods to supplement groundwater and MWD water supplies. Improvements to increase the City's water storage capacity will be achieved with the addition of new reservoirs and increased capacity at existing reservoirs. A new Ellis-Edwards Reservoir with a nine million gallon capacity,and a nine million-gallon expansion next to the Peck Reservoir are currently under construction,and an expansion of the Talbert Valley Reservoir site is under consideration. Other new reservoir sites are under investigation, including potential sites within the Coastal Zone. Booster pumping capacity will also be expanded as appropriate,with the new expanded storage. In addition,data acquisition and control systems for water storage will be modernized to allow for enhanced monitoring and control capabilities under both normal operations and emergencies. The City's water distribution system consists of over 480 miles of water lines ranging in size from 2 to 42 inches in diameter. Improvements in the piping system are implemented as older deteriorated or undersized pipes are replaced. This will eliminate flow restrictions and help to accommodate future demands. Coastal Element policy mirrors General Plan policy by calling for an adopted Water Master Plan to be implemented to address identified water storage, booster and distribution system deficiencies. Sanitation Treatment and Sewerage Sanitation Treatment and Sewerage services are provided by the Orange County Sanitation District(OCSD)2 and the City of Huntington Beach Public Works Department-,Engineering Division and the Sunset Beach Sanitary District. Two OCSD treatment plants serve Huntington Beach. Plant No. 1 treats wastewater generated by other cities and the northern portion of Huntington Beach. Plant No.2 treats the remainder of the City's sewage. The OCSD has developed improvement plans for the plants to serve the needs of the City through the year 2050. This includes buildout of the City's Coastal Land Use Map. The existing sewage collection system consists of major trunk lines,smaller feeder lines,and lift stations. The City's Public Works Department and the Sunset Beach Sanitary District is are responsible for the local level of service while the OCSD is responsible for the regional service. Deficiencies in the City's pipeline and pump station system have been identified through recent studies. The Coastal Zone,specifically the older Downtown area, includes sewage facilities that are dated and in need of maintenance,repair and/or upgrade. In addition,there are numerous sewer lift stations in the City that are in need of repair and/or replacement. Many of these facilities are in the Coastal Zone. The City has identified the deficiencies and has plans in place to correct them. Coastal Element policy mirrors General Plan policy by calling for master plans and capital improvement programs to ensure adequate sewage facilities to meet the demands of permitted development. THE CITY OF HUNTINGTON BEACH GENERAL PLAN -469- Item 13. ® Page 327 ERRATA TO DRAFT NEGATIVE DECLARATION NO. 10-005 The following changes to the Draft Negative Declaration No. 10-005 are as noted on the attached pages. The changes to the Draft Mitigated Negative Declaration as they relate to issues contained within this Errata do not affect the overall conclusions of the environmental document. In addition, attachments to the Draft Negative Declaration No. 10-005 (Reference #s 5 and 17) are updated per the City Council staff report dated October 18, 2010. Item 13. - Page 32 -470- 1. PROJECT TITLE: Sunset Beach Specific Plan and Annexation Concurrent Entitlements: General Plan Amendment 10-002,Zoning Text Amendment No. 10-002,Zoning Map Amendment No. 10-001,Local Coastal Program Amendment No. 10-001 and Annexation No. 10-001 2. LEAD AGENCY: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 _. Contact: Mary Beth Broeren, Planning Manager Phone: (714) 536-5550 3. PROJECT LOCATION: The approximately 4$9-134 acre unincorporated Sunset Beach area is located at the northwest end of the City of Huntington Beach and is generally bounded by the City of Seal Beach to the north,the Pacific Ocean to the west and south and the City of Huntington Beach to the east and southeast. The northern limit of the Sunset Beach area is Anderson Street and the southern limit is Warner Avenue. Approximately 76 acres of the Sunset f Beach area are developed or used for waterways. The remaining approximately 3158 acres is beach sand. 4. PROJECT PROPONENT: City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Contact Person: Paul Emery,Deputy City Administrator Phone: (714) 536-5482 5. GENERAL PLAN DESIGNATION: Existing County of Orange Urban Residential, Community Commercial, Open Space Proposed City of Huntington Beach RH-30-sp (Residential High Density-greater than 30 units per acre with a Specific Plan Overlay), CV-mu-sp(Commercial Visitor with a Mixed Use Overlay and a Specific Plan Overlay), OS-S-sp (Open Space— Shoreline with a Specific Plan Overlay), OS-W-sp (Open Space— Water Recreation with a Specific Plan Overlay), and Public-sp(Public with a Specific Plan Overlay). ZONING: Existing County of Orange Sunset Beach Specific Plan Proposed City of Huntington Beach Sunset Beach Specific Plan (Specific Plan No. 17). GAENVIROWCHECKLST Page 1 ,: .-a a :­ -471- Al Item 13© - Page 32 6. PROJECT DESCRIPTION: The project involves five components: 1)annexation application to Orange County Local Area Formation Commission (LAFCO)to annex the Sunset Beach area to the City of Huntington Beach; 2) general plan amendment to establish City general plan designations for the area and make text changes referencing Sunset Beach, 3)adoption of the City of Huntington Beach Sunset Beach Specific Plan,4)zoning map amendment to establish the proposed Sunset Beach Specific Plan as the new zoning for the area,and 5) local coastal program amendment to establish land use plan designations, make text changes referencing Sunset Beach and to reflect the Specific Plan and zoning for the area per items 3)and 4). Future references in this document to "the project"refer to all five proposed actions: annexation, general plan amendment, adoption of the Specific Plan, zoning map amendment and local coastal program amendment. Annexation The City is proposing to annex the approximately-pA9-134 acre Sunset Beach area located in the jurisdiction of the County of Orange. The annexation process is initiated by resolution by the City of Huntington Beach City Council. General Plan Amendment The second component of the proposed project involves establishing City General Plan designations for the annexation area. The project would amend the General Plan Land Use Map (Figure LU-5) to establish General Plan land use designations for the Sunset Beach area as follows - approximately 22.3 acres for Residential High Density-30, 9.2 acres for Visitor Serving Commercial-Mixed Use Overlay, 13.0 acres for Public, 3.4 acres for Open Space-Water Recreation and 33-a57.7 acres for Open Space-Shoreline. The remainder of the area is right-of-way. The entire area would also have a Specific Plan Overlay. The proposed City of Huntington Beach General Plan land use designations mirror those of the existing County of Orange Land Use Plan for Sunset Beach. The General Plan Amendment would designate the Sunset Beach area as Subarea 4L on the Community District and Subarea Schedule (Figure LU-6 and Table LU- 4) and would amend Table LU-3 to add a reference to "specific plans" for the Mixed Use Overlay. In addition, the General Plan Amendment would update figures to reflect the change in the City's boundary, would make minor wording changes to the Utilities Element and would update the Recreation and Community Services Element to reflect update recreational amenity information. Prezoning(Zoning Text Amendment and Zoning Map Amendment) The third and fourth components of the project involve adoption of a specific plan(zoning text amendment) and change to the zoning map for the annexation area in accordance with LAFCO procedures. LAFCO requires that the City establish site zoning before annexation is approved by LAFCO. The Zoning Text Amendment application is a request to create the Sunset Beach Specific Plan that will provide development standards for the Specific Plan area. The Specific Plan has been prepared to be consistent with the intent of the existing County of Orange Sunset Beach Specific Plan and will not result in an increase in the density or intensity of land use beyond what is set forth in the County's Specific Plan. The Zoning Map Amendment request would amend the City Zoning Map to establish the Specific Plan zoning for the area. The total acreage of the Specific Plan area is as follows (refer to Exhibit I for locations): General Plan Designation/Specific Plan District Residential High Density/Sunset Beach Residential: 22.32 acres Commercial Visitor/Sunset Beach Tourist: 9.16 Public/Sunset Beach Parking 13.00 Open Space Waterway/Sunset Beach Waterway 3.40 Open Space Shoreline/Sunset Beach Beach 33.1757.74 Right of Way/Right of Wad_ 28.26 Total: 199.31133.88 GAENVIRONKCHECKLST Page 2 Item 13. - Page 33 -472- ,hxr & �, �. a.R� m z 0 z CD Ok- CD ITIM CD aim 1, t PadfiC Goast Hwy' , Pacific -Coast Hvr . hum MEW NORM C CD W 1 � Ob CD W LEGEND / s6R Sunset Beach Residential-22.32 Acres Parcels CD C Sunset.Beach Tourist-9.16Acres Huntington Beach Smindary ou Sunset Beach Waterways-140Acres Sunset Beach BoundaryCD Sunset Beach Parking Facility-13.00Acres Sunset Beach Beach Area-33.17 Acres r° C M®o6zSw4 ti�aae CD w� CD iy m ' Exhibit 3.1 Specific Plan districts w = Pik z ® O S r r {\` t,4a: a?�.`JS---:'....� ,.,.. .,,✓".r a ,,.i�q y. mow„ •...r`'�.am]r"�;� 1 '".; f �� m - lei 1 �`^;,rq,, • ; �. w� ti �Q A 0 LEGEND Surse Beach Rmdutal-22'M'A mm Panums Sunsd Beit-ckr 7burist-R,16:Acre Ri got:6lf ways Sunset.Reach PwWng Faeif itw-m.wA s, Run tngfon,Bea¢ir Boundary Sunset Reach Beach Area-57Z4,Acrev Sunset Bewh,E3owdary �r. Stamet Beach Waterways_34CLIA'teres, M. wh Mw ExhNt ..1 Spedfic Plan Ducts 'Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact I. LAND USE AND PLANNING. Would the project: a) Conflict with any applicable land use plan,policy, or El El MX M regulation of an agency with jurisdiction over the project(including,but not limited to the general plan, specific plan, local coastal program, or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: #1,2, 3, 5, 6, 17) (Discussion: The proposed annexation,general plan amendment, local coastal program amendment and prezoning for the Sunset Beach area will not result in a conflict with any applicable land use plan,policy, or regulation of an agency with jurisdiction over the project(including,but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. The proposed annexation is within the City's sphere of influence and is contiguous with the City boundary on the east and south. The proposed project is a logical and orderly extension of the City's boundaries and services. The area is almost entirely built out and is a physical extension of the City, and the City currently provides various services to the area as discussed in Issue areas Public Services and Utilities/Service Systems below. The existing development pattern and uses are compatible with existing development in the City on the inland side of Pacific Coast Highway, consisting of similar higher density residential,visitor serving commercial and open space-water recreation uses. The ocean side of the annexation area is dominated by beach, public parking,the greenbelt(linear park wisitor serving commercial uses and high density residential uses. These uses are consistent with existing uses within the City's coastal area and do not require the creation of new land use designations. As such,the proposed project is consistent with General Plan Land Use Element goal LU 3 and related policies LU 3.1.1 and 3.2.1 relating to annexation as follows: "Achieve the logical,orderly, and beneficial expansion of the City's services and jurisdictional limits."(Goal LU 3) "Require that any lands proposed for annexation are contiguous with the City." (Policy LU 3.1.1) "Require that the existing and future land uses located within the proposed annexation area are compatible with the adjacent City uses." (Policy LU 3.1.2) The proposed project is consistent with the Local Coastal Program Land Use Plan goal C 1,which requires that the City"develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs"and with policy C 1.1.8,which lists five considerations that the City should evaluate when evaluating annexations including the land use goal and policies provided above. The proposed Specific Plan and Land Use Plan do not change the land use goals for the area,maintain the existing access points and do not create any service or facility needs in comparison with the existing County Local Coastal Program for Sunset Beach as approved by the California Coastal Commission. GAENVIROWCHECKLST Page 8 -475- r Item 13. m Page 333 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact The proposed prezoning of Sunset Beach with the Sunset Beach Specific Plan is consistent with the City's Zoning Code in that it meets the findings required in Section 215.12 of the City of Huntington Beach Zoning and Subdivision Ordinance. The project meets the findings required for approval of a Specific Plan as follows: "The Specific Plan is consistent with the adopted Land Use Element of the General Plan and, if in the coastal zone,with the certified Local Coastal Land Use Plan,and other applicable policies and is compatible with the surrounding development." The proposed Specific Plan is consistent with the General Plan and Local Coastal Program as described above and is consistent with the surrounding residential,commercial and open space development in that it designates the area for residential,visitor serving commercial,public and open space uses. The proposed Specific Plan has been developed to be consistent with the existing County Sunset Beach Specific Plan and does not propose changes to the permitted uses. "The Specific Plan will enhance the potential for superior urban design in comparison with the development under the base district provisions that would apply if the Plan were not adopted." The Sunset Beach Specific Plan reflects the unique character of Sunset Beach with its smaller lot_ sizes and extensive areas for public recreation and parking. It carries forward the County's development standards in term of height, setbacks,parking and density to ensure that development occurring after approval of the annexation and other entitlements will be consistent with the quality of existing development within the Specific Plan area. "Deviations from the base district provisions that otherwise would apply are justified by compensating benefits of the Specific Plan." The Sunset Beach Specific Plan contains regulations, for setbacks and parking among others,that are less restrictive than those of the Huntington Beach Zoning and Subdivision Ordinance. These are in recognition of existing conditions and the County's Specific Plan regulations. These regulations allow for the provision of substantial public/open space facilities including the 13 acre greenbelt klinear park)/public parking area that provide a direct benefit to the community and general public. "The Specific Plan includes adequate provisions for utilities, services, and emergency vehicle access; and public services demands will not exceed the capacity of existing and planned systems." The Specific Plan contains provisions for the adequate provision of all utilities, services and emergency access to the project area. There are no changes to the existing development standards such that an unanticipated development intensity would occur. GAENVIROWCHECKLST Page 9 F= ` Item 13. - Page 334 -476- `� 'R` :; .. = � s , { eotentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact f) Result in inadequate parking capacity? (Sources: #2, ❑ ❑ ® ❑ 5, 19) Discussion: The proposed project does not propose any development but includes the adoption of the Sunset Beach Specific Plan that provides parking standards for future development. The Specific Plan reflects the County's Sunset Beach Specific Plan parking standards. The parking requirements for various uses are less than those of the City of Huntington Beach Zoning and Subdivision Ordinance, and there is discussion in the County's Plan regarding parking issues as they relate to distribution. However,due to the compact,pedestrian-oriented character of Sunset Beach,parking is routinely shared. For example,the linear park/parking facility contains 669-624 public parking spaces that are regularly used by business patrons, employees,residents and visitors. In addition,most streets have on-street parking on at least one side. The sizeable amount of public parking in Sunset Beach given its compact size has helped to offset limited on-site parking for much of the community. The concept of shared parking is recognized as a reasonable way to allow for reduced parking requirements for individual uses. For example, shared parking is an integral component of the City of Huntington Beach downtown area,which has similarities with Sunset Beach in terms of the combined residential and tourist-oriented development pattern, pedestrian focus and small parcel sizes. Therefore,potential impacts related to parking capacity are expected to be less than significant. g) Conflict with adopted policies,plans, or programs regarding public transit, bicycle,or pedestrian ❑ ❑ ❑ facilities, or otherwise decrease the performance or safety of such facilities? (Sources: # 1, 3, 19) Discussion: See discussion VIa-b. In addition, the City's proposed Sunset Beach Specific Plan includes requirements for bicycle parking consistent with the City of Huntington Beach Zoning and Subdivision Ordinance. These requirements would apply to new development and would improve the availability of bicycle facilities in the area. The proposed Specific Plan also maintains the existing pedestrian access points to the beach and designates the walking path in the linear park as a public facility, consistent with the County's existing plan. The proposed project would not conflict with adopted plans, etc. related to public transit,bicycle or pedestrian facilities and no impacts would result. VII. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or ❑ ❑ ❑ through habitat modifications,on any species identified as a candidate, sensitive, or special status species in local or regional plans,policies, or regulations,or by the California Department of Fish and Game or U.S, Fish and Wildlife Service? (Sources: #1, 3, 5, 19) Discussion: See discussion below. GAENVIROWCHECKLST Page 18 -477- Al Item 13. - Page 335 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact excess ground borne vibration or noise levels, and ambient noise levels in the project vicinity above levels existing without the proposed project. The proposed project will have no impacts in these areas. e) For a project located within an airport land use plan or,where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working ❑ ❑ ❑ in the project area to excessive noise levels? (Sources: 45, 10, 19) Discussion: The City is located within the Airport Environs Land Use Plan(AELUP) for the Joint Forces Training Base Los Alamitos, but is not located within two miles of a public or private airport. The Sunset Beach area is located outside of the AELUP's area of concern. There are no noise impacts associated with the proposed annexation and planning entitlements for people residing or working in the area. i) For a project within the vicinity of a private airstrip, would the project expose people residing or working ❑ ❑ ❑ in the project area to excessive noise levels? (Sources: #5, 10, 19) Discussion: Sunset Beach is not located within the vicinity of a private airstrip. XI.PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities,the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? (Sources: #1, 5, 19, 20) ❑ ❑ ® ❑ Discussion: The Sunset Beach area is currently served by a volunteer(Reserve Fire Fighters)Fire company, located on Pacific Coast Highway; and, through a mutual aid agreement with the Orange County Fire Authority, by the City of Huntington Beach,which has a fire station approximately 800 feet from the Sunset Beach boundary on Warner Avenue,east of Pacific Coast Highway, and by the City of Seal Beach. In addition,beginning in July 2004 the Orange County Fire Authority began contracting with the City of Huntington Beach to provide paramedic emergency medical services to Sunset Beach. The majority of the fire and emergency medical responses in Sunset Beach are provided by the City of Huntington Beach Fire Department. The Metro Cities Fire Authority reports that the City of Huntington Beach responded to 146 out of 184 calls in 2008 (79 percent)and 149 out of 182 calls in 2009(82 percent). According to LAFCO,of the 51 calls received by the Sunset Beach station in 2008, Reserve Fire Firefighters were only able to respond with qualified reserves in two of those cases. With implementation of the proposed project,the City of Huntington Beach Fire Department will provide fire protection and emergency medical services to the area,though the mutual aid agreement will remain in effect. The City currently fnee*s and would eanti *maintains the goal of a standaf4-response GAENVIROWCHECKLST Page 23 Item 13. ® Page 336 -478- Potentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact times of t#ree4ewithin five minutes 80 percent of the time using existing facilities, equipment,and personnel. The Specific Plan also requires that new development comply with the City's Fire Specifications,with the exception of some drive aisle widths and street sections. Based on the statistics above, is likely that the City's Department will experience an increase in calls for service with implementation of the project. The Department has indicated that it can provide such services to the Sunset Beach community without impacting its ability to provide public safety services to the rest of Huntington Beach. Impacts of the proposed project would be less than significant. b) Police Protection? (Sources: #1, 5, 19) [] El FRI El Discussion: The Orange County Sheriff's Department and California Highway Patrol (CHP)currently serve the Sunset Beach community,with the City of Huntington Beach Police Department providing assistance as needed. The Sheriff's Department handles basic calls for service and the CHP handles traffic collisions within the area as Pacific Coast Highway is a State facility. For 2007 and 2008,the Sheriff's Department responded to an average of 4.6 calls per day(1,688 calls for service annually), and CHP responded to approximately 55 calls each year. Data for the City-of Huntington Beach, for 2008 and 2009,indicate that the City Police Department provided agency assistance for a total of 40 calls, completed 20 traffic stops that resulted in a report, implying an arrest, and completed 202 traffic stops that did not result in a report for the Sunset Beach area. With implementation of the project; run would,.,,,,roue t r-es-p nd to traffic collisions f,.D,pi.r- Coast Highway. The the City of Huntington Beach Police Department would provide law enforcement services. The Sunset Beach area will become part of"Beat" 10 with an officer assigned to patrol the beat 24 hours a day,seven days a week. In 2009, the Police Department responded to approximately 7,000 calls for service in Beat 10,which is an average of 19.1 calls for service per day. This does not include approximately 1,600 officer-initiated calls(traffic stops other contacts with the public) generated in the Beat. Based on the statistics above,the City's Department will experience an increase in calls for service with implementation of the project;however,the additional 4.6 calls for service per day(calls responded to by the Sheriff s Department)would not negatively impact response times. In addition to the Beat officer,the Sunset Beach area will also be served by the Police Department's Motor Officers and/or Accident Investigation Officers who respond to traffic collision calls for service. When not handling traffic related calls,these officers are available to handle calls for service in any beat within the city. The Department has indicated that it eeuld-can provide such services to the Sunset Beach community without impacting its ability to provide public safety services to the rest of Huntington Beach. Impacts of the proposed project would be less than significant. c) Schools? (Sources: #1, 5, 19) Discussion: The proposed project involves the annexation of approximately 109 acres of land to the City of Huntington Beach and associated prezoning, general plan and local coastal program amendments. Current service providers include the Huntington Beach Union High School and the Ocean View School District and will not change with project implementation. The City's proposed Specific Plan does not change the density or intensity of currently allowed land uses. Therefore, implementation of the project will not result in any impact to schools. d) Parks? (Sources: #1, 5, 17, 19) El D El MR GAENVIRONWHECKLST Page 24 -479- Item 13. - Page 337 totentially Significant Potentially finless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources): Impact Incorporated Impact No Impact park eenbelt /parking facility and a small beach. The proposed project does not propose any construction or development, and the City's Specific Plan carries forward the County's land use plan and policies for the existing recreational facilities. The proposed general plan amendment and local coastal program amendment include updates to the General Plan Recreation and Community Services Element and Land Use Plan(Coastal Element),respectively, to provide a current inventory of recreational facilities in the City as well as add the facilities in Sunset Beach to the City's inventory. However,these text changes do not require nor would they result in physical impacts to any of the facilities. The City's Sunset Beach Specific Plan was developed to reflect the specific plan approved by Orange County and no increase in density or intensity of land use is proposed. Therefore, implementation of the proposed project will not result in any impacts to parks. e) Other public facilities or governmental services? (Sources: #1, 5, 19) Discussion: The Sunset Beach area represents a proportionately small addition to the City of Huntington Beach and will not result in the need for other public facilities or governmental services such that there would be the need for new governmental facilities that might result in impacts. The City can provide services to the area using its existing facilities and staff. Implementation of the project will not result in additional impacts in this area. XII. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the El applicable Regional Water Quality Control Board? (Sources: #1, 5, 17, 19) Discussion: See discussion below. b) Require or result in the construction of new water or El El El 0 wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? (Sources: # 1, 5, 17, 19) Discussion: See discussion below. c) Require or result in the construction of new storm El water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: # 1, 5, 17, 19) Discussion: See discussion below. d) Have sufficient water supplies available to serve the El El El El project from existing entitlements and resources, or GAENVIRONM\CHECKLST Page 25 Item 13. m Page 33 -480— a ATTACHMENT #9 -481- Item 13. - Page 339 STATE OF CALIFORNIA—BUSINESS,T ,PORTA'HON AND HOUSING AGENCY 'ARNOLD SCHWARZENEGGER,Govemor DEPARTMENT OF TRANSPORTATION District 12 3347 Michelson Drive,Suite 100 Irvine,CA 92612-8894 Tel:(949)724-2267 Flex your power! Fax: (949)724-2592 Be energy efficient! FAX & MAIL September 3,2010 Ms. Mary Beth Broeren File: IGR/CEQA City of Huntington SCH#: 2010081034 2000 Main Street Log#: 2570 Huntington Beach, CA 92648 SR-1 Subject: Sunset Beach Specific Plan and Annexation Dear Ms. Broeren: Thank you for the opportunity to review and comment on the Negative Declaration for the Sunset Beach Specific Plan and Annexation project. The project involves five components: 1) annexation application to Orange County Local Area Formation Commission (LAFCO) to annex the Sunset Beach area to the City of Huntington Beach; 2) General Plan amendment to establish City general plan- designations for the area and make text changes referencing Sunset Beach; 3) adoption of the City of Huntington Beach Sunset Beach Specific Plan; 4) zoning map amendment to establish the proposed Sunset Beach Specific Plan as the new zoning for the area; and 5) local coastal program amendment to establish land use plan designations, make text changes referencing Sunset Beach and to reflect the Specific Plan and zoning for the area per items 3) and 4). The approximately 109 acre, unincorporated Sunset Beach area is generally bounded by the City of Seal Beach to the north, the Pacific Ocean to the west and south and the City of Huntington Beach to the east and southeast. The California Department of Transportation, District 12 is a responsible agency on this project, and has the following comments: 1. If any project work (e.g. storage of materials, street widening, emergency access improvements, sewer connections, sound walls, storm drain construction, street connections, etc.) will occur in the vicinity of the Department's Right-of-Way, an encroachment permit is required prior to commencement of work. Please allow 2 to 4 weeks for a complete submittal to be reviewed and for a permit to be issued. When applying for an Encroachment Permit, please incorporate Environmental Documentation, SWPPP/ -;VPCP, Hydraulic Calculations, Traffic Control Plans, Geotechnicai Analysis, Right-of-Way certification and all relevant design details including design exception approvals. For specific details on the Department's Encroachment Permits procedure,please refer to the Department's Encroachment Permits Manual. The latest edition of the manual is available on the web site: bltp://www.dot.ca.gov/hq/traffops/developsery/pennits/ Please continue to keep us informed of this project and any future developments which could potentially impact State transportation facilities. If you have any questions or need to contact us, please do not hesitate to call Zhongping(John)Xu at(949) 724-2338. Sincerely; CHRISTOPHER HERRE Branch Chief, Local Development/Intergovernmental Review "Caltrans improves mobility across California" Item 13. - Page 340 -482- STATE OF CALIFORNIA Amold Schwarz@pMgr,GDyjeLnjDr NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MALL,ROOM 364 SACRAMENTO,CA 95814 (916)653-6251 Fax(916)657-5390 Web Site www.nahc.ca.gov e-mail:ds.nahc@pacbell.net v J September 7, 2010 Ms. Mary Beth Broeren, Planning Manager CITY OF HUNTINGTON BEACH 2000 Main Street Huntington beach, 92648 Sent by FAX to: (714) 374-1540& USPS Mail No. of Pages: 5 Re: SCH#2010081034 CEQA Notice of Completion; proposed Negative Declaration General Plan Amendment 10-002 and Annexation No. 10-001 for the Sunset Beach Specific Plan and Annexation; located adiacent to the City of Huntington Beach; Orange County, California. Dear Ms. Broeren: The Native American Heritage Commission (NAHC) is the state `trustee agency' pursuant to Public Resources Code §21070 for the protection and preservation of California's Native American Cultural Resources. (Also see Environmental Protection Information Center v. Johns (1985) 170 Cal App. 3rd 604). The California Environmental Quality Act (CEQA- CA Public Resources Code§21000-21177, amendment effective 3/18/2010) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a 'significant effect' requiring the preparation of an Environmental Impact Report (EIR) per the California Code of Regulations §1 5064.5(b)(c)(f) CEQA guidelines). Section 15382 of the CEQA Guidelines defines a significant impact on the environment as "a substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project, including ...objects of historic or aesthetic significance. The lead agency is required to assess whether the project will have an adverse impact on these resources within the `area of potential effect (APE), and if so, to mitigate that effect. State law also addresses Native American Religious Expression in Public Resources Code §5097.9. The Native American Heritage Commission did perform a Sacred Lands File (SLF) search in the NAHC SLF Inventory, established by the Legislature pursuant to Public Resources Code §5097.94(a) and Native American Cultural Resources were not identified within one-half mile of the APE identified for the project. However, there are considerable number of Native American cultural resources in close proximity to the APE. Early consultation with Native American tribes in your area is the best way to avoid unanticipated discoveries once a project is underway. Enclosed are the names of the culturally affiliated tribes and interested Native American individuals that the NAHC recommends as 'consulting parties,' for this purpose, that may have knowledge of the rel igious and cultural significance of the historic properties in the project area (e.g. APE). V Ue recommend that you Contact persons on the attached list of Native American contacts. A Native American Tribe or Tribal Elder may be the only source of information about a cultural resource.. Also, the NAHC recommends that a Native American Monitor or Native American culturally knowledgeable person be employed whenever a professional P -483- Item 13. ® Page 341 archaeologist is employed during the'Initial Study' and in other phases of the environmental planning processes. Furthermore the NAHC recommends that you contact the California Historic Resources Information System (CHRIS) of the Office of Historic Preservation (OHP), for archaeological data. (916) 653-7278. Consultation with tribes and interested Native American tribes and interested Native American individuals, as consulting parties, on the NAHC list ,should be conducted in compliance with the requirements of federal NEPA (42 U.S.C. 4321-43351) and Section 106 and 4(f) of federal NHPA (16 U.S.C. 470 [f)]et se), 36 CFR Part 800.3, the President's Council on Environmental Quality (CSQ; 42 U.S.C. 4371 et seq.) and NAGPRA(25 U.S.C. 3001-3013), as appropriate. The 1992 Secretary of the Interior's Standards for the Treatment of Historic Properties were revised so that they could be applied to all historic resource types included in the National Register of Historic Places and including cultural landscapes. Consultation with Native American communities is also a matter of environmental justice as defined by California Government Code §65040.12(e). Lead agencies should consider avoidance, as defined in Section 15370 of the California Environmental Quality Act (CEQA) when significant cultural resources could be affected by a project. Also, Public Resources Code Section 5097.98 and Health & Safety Code Section 7050.5 provide for provisions for accidentally discovered archeological resources during construction and mandate the processes to be followed in the event of an accidental discovery of any human remains in a project location other than a 'dedicated cemetery. Discussion of these should be included in your environmental documents, as appropriate. The authority for the SLF record search of the NAHC Sacred Lands Inventory, established by the California Legislature, is California Public Resources Code §5097.94(a) and is exempt from the CA Public Records Act (c.f. California Government Code §6254.10). The results of the SLF search are confidential. However, Native Americans on the attached contact list are not prohibited from and may wish to reveal the nature of identified cultural resources/historic properties. Confidentiality of"historic properties of religious and cultural significance' may also be protected the under Section 304 of the NHPA or at the Secretary of the Interior' discretion if not eligible for listing on the National Register of Historic Places. The Secretary may also be advised by the federal Indian Religious Freedom Act (cf. 42 U.S.C, 1996) in issuing a decision on whether or not to disclose items of religious and/or cultural significance identified in or near the APE and possibly threatened by proposed project activity. CEQA Guidelines, Section 15064.5(d) requires the lead agency to work with the Native Americans identified by this Commission if the initial Study identifies the presence or likely presence of Native American human remains within the APE. CEQA Guidelines provide for agreements with Native American, identified by the NAHC, to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens. Although tribal consultation under the California Environmental Quality Act (CEQA; CA Public Resources Code Section 21000—21177) is 'advisory' rather than mandated, the NAHC does request 'lead agencies' to work with tribes and interested Native American individuals as 'consulting parties,' on the list provided by the NAHC in order that cultural resources will be protected. However, the 2006 SB 1059 the state enabling legislation to the Federal Energy Policy Act of 2005, does mandate tribal consultation for the 'electric transmission corridors. This is codified in the California Public Resources Code, Chapter 4.3, and §25330 to Division 15, 9. Item 13. m Page 342 -48 4- requires consultation with California Native American tribes, and identifies both federally recognized and non-federally recognized on a list maintained by the NAHC Health and Safety Code§7050.5, Public Resources Code §5097.98 and Sec. §15064.5 (d) of the California Code of Regulations (CEQA Guidelines) mandate procedures to be followed, including that construction or excavation be stopped in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery until the county coroner or medical examiner can determine whether the remains are those of a Native American. . Note that §7052 of the Health & Safety Code states that disturbance of Native American cemeteries is a felony. Again, Lead agencies should consider avoidance, as defined in �15370 of the California Code of Regulations (CEQA Guidelines), when significant cultural resources are discovered during the course of project planning and implementation. Please feel free to contact me at (916) 653-6251 if you have any questions. i rely, {Singlam A4List hmenulturally Affiliated Native American Contacts Cc: State Clearinghouse -485- Item 13. ® Page 34 - Nativ American Contacts Orange County September 7, 2010 Ti'At Society Gabrielino Tongva Nation Cindi Alvitre Sam Dunlap, Chairperson 6515 E. Seaside Walk, #C Gabrielino P.O. Box 86908 Gabrielino Tongva Long Beach , CA 90803 Los Angeles , CA 90086 calvitre@yahoo.com samdunlap@earthlink.net (714) 504-2468 Cell (909) 262-9351 - cell Juaneno Band of Mission Indians Acjachemen Nation Juaneno Band of Mission Indians Acjachemen Nation David Belardes, Chairperson Anthony Rivera, Chairman 32161 Avenida Los Amigos Juaneno 31411-A La Matanza Street Juaneno San Juan Capistrang CA 92675 San Juan Capistranq CA 92675-2674 David Belardes@hotmail. arivera@juaneno.com (949) 293-8522 (949) 488-3484 (949) 493-4933 - Home (530) 354-5876 - cell Tongva Ancestral Territorial Tribal Nation Gabrielino Tongva Indians of California Tribal Council John Tommy Rosas, Tribal Admin. Robert F. Doramae, Tribal Chair/Cultural Gabrielino Tongva P.O. Box 490 Gabrielino Tongva tattniaw@gmail.com Bellflower CA 90707 310-570-6567 gtongva@verizon.net 562-761-6417 - voice 562-925-7989 - fax Gabrieleno/Tongva San Gabriel Band of Mission Juaneno Band of Mission Indians Anthony Morales, Chairperson Alfred Cruz, Culural Resources Coordinator PO Box 693 Gabrielino Tongva P.O. Box 25628 Juaneno San Gabriel , CA 91778 Santa Ana CA 92799 GTTribalcouncil@aol.com alfredgcruz@sbcglobal.net (626) 286-1632 714-998-0721 (626) 286-1758 - Home 714-998-0721 - FAX (626) 286-1262 -FAX 714-321-1944 - cell This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code,Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. Also, federal National Environmental Policy Act(NEPA),National Historic Preservation Act,Section 106 and fed eral NAGPRA. And 36 CFR Part 800. This list is only applicable for contacting local Native Americans for consultation purposes with regard to cultural resources impact by the proposed SCH#2010081-034;CEQA Notice of Completion;proposed Negative Declaration and General Plan Amendment 10-002 and Annexation No.10-001; for the Sunset Beach Specific Plan and Annexation;City of Huntington Beach;Orange County,California. Item 13® - Page 344 -486- Nati<< \merican Contacts Orange County September 7, 2010 -neno Band of Mission Indians Gabrielino-Tongva Tribe -)Iph 'Bud' Sepulveda, Vice Chairperson Bernie Acuna P.O. Box 25828 Juaneno 1875 Century Pk East#1500 Gabrielino Santa Ana , CA 92799 Los Angeles , CA 90067 bssepu9@yahoo.net (310) 428-7720 - cell 714-838-3270 (310) 587-2281 714-914-1812 - CELL bsepul@yahoo.net Juaneno Band of Mission Indians Juaneno Band of Mission Indians Aciachemen Nation Sonia Johnston, Tribal Chairperson Joyce Perry; Representing Tribal Chairperson P.O. Box 25628 Juaneno 4955 Paseo Segovia Juaneno Santa Ana , CA 92799 Irvine , 'CA 92612 sonia.johnston@sbcglobal. 949-293-8522 net (714) 323-8312 Juaneno Band of Mission Indians Gabrielino-Tongva Tribe Anita Espinoza Linda Candelaria, Chairwoman 1740 Concerto Drive Juaneno 1875 Century Park East, Suite 1500 Anaheim I CA 92807 Los Angeles , CA 90067 Gabrielino (714) 779-8832 Icandelarial @gabrieiinoTribe.org 310-428-5767- cell (310) 587-2281 United Coalition to Protect Panhe (UCPP) Rebecca Robles 119 Avenida San Fernando Juaneno San Clemente CA 92672 rebroblesl @gmail.com (949) 573-3138 This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and safety Code,Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. Also, ,ral National Environmental Policy Act(NEPA),National Historic Preservation Act,Section 106 and fed NAGPRA. And 36 CFR Part 800. This list is only applicable for contacting local Native Americans for consultation purposes with regard to cultural resources impact by the proposed SCH#2010081-034;CEQA Notice of Completion;proposed Negative Declaration and General Plan Amendment 10-002 and Annexation No.10-001; for the Sunset Beach Specific Plan and Annexation;City of Huntington Beach;Orange County,California. -487- Item 13. - Page 345 LOCAL:,-AGENCY FORMATION COMMISSION r ORANGE COUNTY •w _ e • ® September 10, 2010 CHAIR PETER HERZOG x„ Councilmember Dept t c41 Gty of Lake Forest Mary Beth Broeren, Planning Manager VICE CHAIR City of Huntington Beach JOHN MOORLACH 2O00 Main Street Supervisor r°District Huntington Beach,CA 92648 VICE CHAIR PETER HERZOG Councilmember Subject: Draft Negative Declaration No. 10-005 (Sunset Beach Specific Gty of Lake Forest Plan and Annexation) CHERYL BROTHERS Councilmember Ciry of Fountain valley Dear Ms. Broeren, BILL CAMPBELL Supervisor Thank you for this opportunity to comment on the above referenced 3`°District environmental document. As responsible agency for the annexation of ARLENE SCHAFER Sunset Beach to the City of Huntington Beach, LAFCO has reviewed the Director negative declaration and does not have any comments at this time. Costa Mesa Sanitary District As a responsible agency, LAFCO would appreciate being forwarded any JOHN WITHERS Director comments on the Draft Negative Declaration No. 10-005. Please do not lrvine Rani,Water Distr"t hesitate to contact our offices should you have questions or concerns SUSAN WILSON regarding this request. Reoresentative of General Public ALTERNATE Best regards, PAT BATES Supervisor S�'District ALTERNATE `' PATSY MARSHALL ���jjj Councilmember V�/ city of Buena Park yc rosthwaite ALTERNATE Executive Officer - DEREKJ.MCGREGOR Orange CountyLAFCO Representative of g General Public 714-834-2556 ALTERNATE CHARLEY WILSON Director Santa Mairgarita Water District JOYCE CROSTHWAITE Executive Officer 12 Civic Center Plaza,Room 235,Santa Ana,CA 92701 (714)834-2556 o FAX(714)834-2643 h ttp://wvwv.oc lafco.org Item 13. - Page 346 -488- California°aegional Water Quality l:lintrol Board Santa Ana Region 3737 Main Street,Suite 500,Riverside,California 92501-3348 da S.Adams Phone(951)782-4130•FAX(951)781-6288•TDD(951)782-3221 www.waterboards.cagov/santaana Arnold Schwarzenegger ecretary for Governor Environmental Protection September 9, 2010 Mary Beth Broeren, Planning Manager City of Huntington Beach Planning and Building Dept. - : 2000 Main Street Huntington Beach, CA 92648 DRAFT NEGATIVE DECLARATION, SUNSET BEACH SPECIFIC PLAN AND ANNEXATION, CITY OF HUNTINGTON BEACH, SCH#2010081034 Dear Ms. Broeren: Staff of the Regional Water Quality Control Board, Santa Ana Region (Regional Board) have reviewed the City of Huntington Beach (City) Draft Negative Declaration (ND) for the proposed Sunset Beach Specific Plan and Annexation (Project) of the unincorporated Sunset Beach community by the City of Huntington Beach. Among several components, the Project will rezone the 109-acre area and establish land use plan designations though a local coastal program. We believe that the ND should incorporate the following comments in order for the Project to best protect water quality standards (water quality objectives and beneficial uses) contained in the Water Quality Control Plan for the Santa Ana River Basin (Region 8 Basin Plan): Infrastructure Related to Water Quality 1. Pg. 23 states that "Upon annexation, wastewater service will continue to be provided by the Sunset Beach Sanitary District...Due to the high groundwater conditions, only drainage that is required by City of Huntington Beach codes and the ordinances of the Sunset Beach Sanitary District shall be drained into the Sunset Beach Sanitary System lines. All other drainage, such as rain water...shall drain to the public street or public storm drainage system." The causal relationship could be made more clearly between high groundwater's influences on preventing new influx to the sanitary system pipes. 2. The Flooding/Shoreline Structures and Infrastructure/Utilities Sections (ND p.22), including the.paragraphs on Water Quality, would be improved by an expanded discussion of the likely Best Management Practices (BMPs) or management measures (MMs) that will be used to keep the discussed flooding by seawater (severe tides) and freshwater (storm events), sometimes in combination, from flowing into and surcharging the sanitary sewer system through manhole covers, etc. Discussion of compliance with the Orange County Drainage Management Plan (DAMP) and stormwater permits does not discuss likely applicable BMPs or MMs that would address prevention of the historical mixing of floodwaters (and street contaminants) in Sunset Beach. Section 2.4 (p. 22) should provide.more detail as to the nature of the "new structure in this area [to] be raised to a specific height above a point on South Pacific Avenue," (the street nearest the beach) to stop tidal "over-wash." California E4 ronmental Protection Agency -4s9- Item 13. - Page 347 An... ........ ......... Ms. Mary Beth Broeren -2- September 9,2010 3. We recommend that the City's emergency planning incorporate the requirements of the Sanitary District to adequately respond in such an emergency as mentioned above. In Environmental Checklist pgs.16 (Transportation/Traffic) and 21 (Hazards and Hazardous Materials), references are made to the ability of emergency vehicles to respond within the proposed Specific Plan area, with drive aisle widths being narrower (often by four feet) than most city streets. Please consider that if a sewage spill were to occur, service vehicles, and other equipment will need access to manholes and other sanitary system access structures likely located in the street. 4. Water Quality (ND p.24) should include the need for individual projects that propose to conduct dewatering from Sunset Beach's shallow groundwater , and then discharge pollutants to waters of the state, to obtain coverage under the Regional Board's de minimus permit, currently Order No. R8-2009=0003_(NPDES No. CAG998001) and subsequent iterations of this permit. The City has had coverage for City-driven projects. Dredge and Fill Projects 5. On ND pg. 39 and 40, reference is made to the repairing of bulkheads, gangways and docks along Sunset Beach Channel, with possible reconfiguration of the 11t Street public beach for launching craft. If any project would cause material to be dredged from, or filled into, waters of the United.States, i.e., surface waters or tributaries thereto, and where these waters fall under the jurisdiction of the U.S. Army Corps of Engineers (USACOE) and a Clean Water Act (CWA) Section 404 permit is required, then the Regional Board must issue a CWA Section 401 Water Quality Standards Certification and may require mitigation for impacts to beneficial uses. Consultation with Regional Board staff concerning potential Certification issues is strongly suggested, particularly with the City's anticipated "greater use by the general public" of Sunset Beach waterways (ND pg.38-9) that have been heretofore used by private parties. Information concerning Section 401 certification is found on the Regional Board's website, http://www.waterboards.ca..qov/santaana/water issues/programs/401 certification/index.shtmi. If you have any questions, please contact Glenn Robertson at (951) 782-3259, grobertson(aD-waterboards.ca.gov, or me at (951) 782-3234, or madelson(aD-waterboards.ca.gov Sincerely, C L c, Mark G. Adelson, Chief Regional Planning Programs Section cc: State Clearinghouse U.S. Army Corps of Engineers, Los Angeles—Stephanie J. Hall X:Groberts on Magnolia/Data/CEQA/CEQA Responses/Neg Dec/City of Huntington Beach—Annexation of Sunset Beach.doc Seawater intrusion beneath Sunset Beach,from the ocean on the south and the estuary on the north. The Order is available at the Regional Board website at: http://www.swrcb.ca.gov/santaa n a/boa rd_deci sions/adopted_orders/orders/2009/09-003_demin im us_permi_wd r.pdf California ERX onmental Protection Agency Item 13. - Page 348 R,-49o-­ Broeren, Mary Beth From: Lyman Lokken [lyman@lokkenusa.com] ent: Friday, September 10,2010 4:12 PM J: Broeren, Mary Beth Subject: Negative Dec Attachments: Draft Negative Declaration Comments on Sunset Beach study by Lyman Lokken on September 10, 2010.pdf in accordance with your phone call a few minutes ago,attached are just my comments on the Negative Dec. I added a few footnotes at the bottom of this separate report. Please note I do want these comments included in your formal review and response. Lyman K. Lokken, Sunset Beach 1 -491- Item 13. ® Page 349 Draft Negative Declaration-Comments on Sept. 10, 2010 by Lyman Lokken 15 2 Sunset Beach consists of either 122.9 or 133.8 acres.See attached document from the Sunset Beach Sanitary District and a survey I had prepared by the County of Orange.This it Exhibit#4 attached hereto. 16 8 Please add or footnote or comment to say that the linear park is known locally as the greenbelt and the former Pacific Electric right of way. 17 17 1 believe the correct parking count is about 600 spaces in the greenbelt(per a count done for me by OC Parks).This figure includes around 100 spaces in the Warner parking lots. 18 23 No formal police study has been submitted. No staffing levels or hours of service are mentioned. Nor does the City confirm they will close the public beach each evening at 10:00 PM (like the Sheriff does now). 19 25 Once the City of Huntington Beach finishes the sewer trunk line on Warner,it will have no further role with the Sunset Beach Sanitary District. 20 IVC86 This is attachment 2.70.Sunset Beach has fully lined it main sewer trunk line; there are no deferred items. Please note the two columns to the left.The first column shows 6 comments (#15-20)related to this portion of the reports prepared by the City of Huntington Beach. The right column shows the page numbers in the report.Comment#15 relates to page 2 of the Draft Neg. Dec. LKL:September 10,2010 via e-mail to Mary Beth Broeren.Please note the exhibits are not attached hereto but were delivered to her this afternoon with this and other comments. Item 13. - Page 350 -492- ATTACHMENT # 1� O -493- Item 13. - Page 351 }� :;r• n`r(� t 'S U s t , i'. t ..k,� \, ,r. r �..:..,,, • ;:, ( 1 r 4.9.,,,r,S.,., r , -V. 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J`cr „n:_Q!' -r 3-d.• .,r3, :>t,.•M5,6 rr:a Y..d r,+:.x,,i'� t,rr'n�' _4t t;rt `� i tJ, w+.; ;t „1r, `;i� � '�r r'w '.�,';�r 1�:- A�"t h. k[t �f�;�:�f',:l'Ti ZR�',;n'uN'".,f,� �4, t,rsS,r�Ji4nFj"!ct�, �.,.y,,s,Yt7rJ s3,•`�+f�'}4�. t}r4yC%tr tl h.:•: ;»�`.i�f :'lt ..s ,! ) � �t �, •�!R�ti fit nr.z?'Jt='ti,,. „ `}r�,SrJ: ,F� is .,•y�jN"i`-n(- �' o ¢ � cikC I S� 3 -..Rc! �.,�• �t'3' '�t£`t.`j, 'yt e Ytl 5r�y�.f 1(5'F.�+3�..7-J'1 a F ht{.�k Y fj�f .J1ir'ye .l. i ` . .6 Table ®f Contents Paqe Revenues...................................................................................................................................2 = ............................ a��et�res................................. ................................................................2 -'urt a Financial Analysis.......................................................................................................2 TaNeI .......................................................................................:................................................3 Summary...................................................................................................................................4 Financial Unknowns ......4 "--and usions..............................................................................................................................4 -495- Item 13. - Page 353 • s • Final Proposed Incorporation of sunset Beach Application of Peer Review Report to the Preliminary Feasibility Analysis A Preliminary Feasibility Analysis (PFA)was prepared by Willdan Financial Services for the po- tential incorporation of Sunset Beach, an unincorporated island mostly surrounded by the City of Huntington Beach and the Pacific Ocean. That June 3, 2010 report was subject to a "peer" re- view by Economic & Planning Systems, Inc. (EPS). The peer review was issued on June 24, 2010. The purpose of this brief report is to apply the EPS analysis to the PFA and point out the poten- tial financial challenges of incorporating Sunset Beach. Not all of the complexities of the peer analysis and the PFA are analyzed. The focus is only on the major financial challenges of incor- poration suggested by the peer review. The PFA contains three different service delivery scenarios for the proposed city. All three sce- narios include adoption of a utility users tax ranging from 5 to 10% and the extension of the transient occupancy tax to vacation rentals. Scenario 3 adds metered parking as a revenue source and assumes costs for beach maintenance and lifeguard services in the sixth year. This assumes that the County will pay for these services during the first five years of incorporation. Even with these additional revenues, the key findings of the EPS review is that Scenario 1 (li- mited services) and Scenario 2 (preferred services) do "not meet the minimum criteria for feasi- bility within the first three years as required by Government Code Section 56720." For Scenario 3 (maximum services), which requires a 10% Utility Users Tax, the peer review concludes that "revenues will exceed costs by more than 10% in year three" but that "by the end of year five...the city experiences annual short falls." The review concludes, "The shortfalls continue to be negative by year 10; the shortfall is a negative 3% of costs, which should not be deemed feasible." The peer review at the PFA stage casts considerable doubt on the economic feasibility of Sun- set Beach incorporation whether Scenarios 1, 2 or 3 are pursued. This could mean that a more detailed financial analysis via the LAFCO incorporation review process would further verify the financial infeasibility of the proposed incorporation of Sunset Beach. In addition to the peer review's conclusions about the fiscal inadequacy of incorporation based solely on the numbers of the PFA, its review of the more detailed revenue and expenditure ac- counts reveals that the financial feasibility of Sunset Beach incorporation becomes significantly less viable. Basically, the review concludes that the levels of expenditures are understated and the projected revenues are overstated. Page 9 Item 13. - Page 354 -496- Revenues The peer review concludes that the projected property tax revenue is overstated by $100,000. The review concludes, "This loss has a significant adverse impact on city feasibility." The re- view, however, also concludes that the PFA was conservative in projecting future property tax growth and may have understated that growth. The bottom line in the PFA financing plan is that it will require new revenues including: (1)A util- ity users tax ranging from 5 to 10%; (2) An extension of the County Transit Occupancy Tax to vacation rentals; and (3) Negotiations of a 5 percent franchise fee for gas, electric and cable. The first two revenue sources would require a vote of the people and probably would be folded into an incorporation election, if incorporation were-deemed financially feasible by tAFCO. Expenditures Regarding expenditures, EPS' review concluded that the projected part-time City Manager and part-time Treasurer are insufficient to support the proposed city. It expects that the "City Attor- ney costs will be higher in the initial years as contracts are negotiated, and city codes and or- dinances are adopted." The review expects additional engineering expense in addition to the traffic engineering cost projected. The PFA was also chided for not including expense for human resources and information technology support. Also, it was felt that Animal Control costs were understated. For non-departmental expense EPS concluded that the amount for needed office space and the purchase of initial equipment was understated. The review concluded that a 5% contingency was inadequate for a very small city and it should be increased to 10%- Finally, there is no pro- vision for future capital improvements. While three scenarios were presented in the PFA, the peer review indicated that there should be a "base budget" which would spell out basic revenues and expenditures for the proposed city, and then modify that budget with the additional revenues, deferred expenditures and the other elements which comprise the three scenarios. In addition, EPS commented that the PFA "does not calculate the impact or potential additional mitigation payments to the County that may be required." EPS raises the question of whether the proposed city would need to provide fiscal mi- tigation ("revenue neutrality") to the County upon incorporation. This is another fiscal unknown in the PFA analysis. In any event, in applying the peer review comments to the PFA budget it appears that without greenbelt, beach maintenance and lifeguard expense (Scenario 1) or without beach mainten- ance and lifeguard expense (Scenario 2), the incorporation budget is understated by $248,700. By adding costs for beach maintenance and lifeguards (Scenario 3) that understated expense grows to $298,700 in year 6. Further Financial Analysis The peer review offers specific cost increases to certain expenditure categories. When these specific increases are presented as a range of costs, the lowest number of that range was uti- lized to keep the projections as conservative as possible. Also, not all of the suggestions for cost increases were included in this analysis as noted in Table 1. Page 2 -497- Item 13. - Page 355 rafflnumm • e s Other cost increases were developed in this report based on EPS suggestions, such as the in- crease of converting the city manager and treasurer positions from half-time to full-time. It should be noted that the authors of the PFA believe that this additional staffing is unnecessary. However, applying the peer review language to the PFA would suggest the following results in Table I. Table Function Cost Peer Comment Projected Projected Additional Cost Reduced Revenue Scenarios#1 and#2 City Manager(PIT) $81,900 Part-time city manager insufficient, $81,900 need full-time city manager City Attorney 45,000 Expect higher costs in initial years 25,000 City Treasurer(P/T) 44100 Part-time treasurer insufficient,need 44,100 full-time treasurer Development Services 183,800 No estimate for planning/engineer- 0 F ing t I Animal Control 800 Costs should be$2,500-$5,500 1,700 Non-Departmental 102,400 No funding for HR,IT,audit,rent too 35,000 low Contingency(5%) 61,000 Contingency should be 10%for a 61,000 small city Additional expense for Scenarios 1&2 $248,700 Scenario#3 Beach Maintenance(in Future sand replenishment should year 6)(3) $55,600 increase by$16,000(2) $0 Lifeguards(3) 310,000 Current contract at$360,00- 50,000 $380,000 Additional expense for Scenario 3 $50,000 TOTAL ADDITIONAL EXPENSE—SCENARIO#3 $298,700 PROPERTY TAX REVENUE UNDERSTATED $100,000 TOTAL ADJUSTMENT TO DETERMINE INCORPORATION FEASIBILITY Scenarios 1 and 2 $348,700 Scenario 3 $398,700 Notes- (1)The peer review suggests that the PFA contains no cost estimate for planning/engineering staff.An additional cost was not added to this line item,however,since the PFA detail indicates costs are included for planning and engineering. (2)The peer review indicated that sand replenishment should increase by$16,000.While specifics are not included in the PFA,it is mentioned that sand replenishment was considered in developing the beach maintenance cost estimate. (3)The PFA assumes that the expense for beach maintenance and lifeguards will be assumed by the County for the first five years of incorporation and that the new city would not assume these expenditures until year 6. Page 3 Item 13. - Page 356 -498- Summary Based on the EPS peer review comments, it would appear that the expense for Scenarios 1 and 2 should be increased by$248,700. It would also appear that $50,000 should be added to Sce- nario 3, once the proposed city assumes the costs for beach maintenance and the lifeguards in year six. In that case, the additional expense for running the new city would be $298,700. That expenditure increase would be immediate, however, if the County is unwilling to maintain these services for the first five years of incorporation. The EPS peer review of the PFA suggests that the incorporation of Sunset Beach is financially infeasible. By reducing a suggested $100,000 in property tax revenue, added to the increased expenditures just described, the Sunset Beach city budget would be further out-of-balance by an additional $348,700 for Scenarios 1 and 2, and eventually$398,700 for Scenario 3. This would mean that the net revenue for Scenarios 1 and 2 from years 2— 10 would be a nega- tive rather than a positive. Scenario 3 would also be in negative numbers during this same time period, particularly so in year when the city assumes responsibility for beach maintenance and lifeguards. Financial Unknowns As fiscally infeasible as the incorporation of Sunset Beach appears based on the peer review, there are three major unknowns that in the first two cases could further increase the proposed city's expenditures, and a third that will increase these expenditures.These unknowns are: 1. The PFA assumes that the lowest cost provider for services, such as contracting for law enforcement from Seal Beach, will be available to the new city. Whether or not these services will materialize at these prices is unknown. 2. Potential additional mitigation payments from the potential city to Orange County might be required to achieve the required revenue neutrality. The EPS review points out, "County impacts and potential mitigation payments should be calculated in order to disclose all potential costs that may face the new city." The amounts of these po- tential additional costs are unknown. 3. The PFA acknowledges that there is no provision for funding capital improvement costs in its study. As an example, the PFA assumes that the new city would buy the existing fire station and annually pay the cost of financing the purchase, plus utilities. However, no funding is provided for bringing the building up to seismic or ADA stan- dards. This and other potential capital improvement costs are unknown and would add to the proposed city's expenses. Conclusions Based only on the PFA Scenarios 1 and 2 do not meet "the minimum criteria for feasibility" per the peer review. The review also concludes that the proposed city would experience annual shortfalls beginning in year five under Scenario 3. Also, there are additional expenditure and revenue adjustments which make the financial feasibility of Sunset Beach incorporation even more dubious with projected shortfalls in years 2 — 10. On top of all this, there is the potential Page 4 -499- Item 13. ® Page 357 that there will be further additional expenses either through mitigation payments to Orange County and/or capital improvement expense on the part of the new city. Based on all of these factors it appears that there will be a major if not insurmountable challenge in demonstrating fis- cal feasibility for this proposed city. Page 5 Item 13. o Page 358 -500- -501- Item 1 . - Page 359 C r r�3n ,off ® 'S` � ��L�54.*f Z;•. a�'4 � I ii8 k � �e�a k Y �'aa ."u°oti. Y,�v"�y' d€ .i,w 'gSRR i• �'- " ^'� Imills { �° ,�'�ic�v�A`Y��2, p�4`.uF. "�$��^>, %m�.+. <•3k���a $'.. r '"�! 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Ion a tit y� �y..r aswc € a s�tS`a��' 1��x i. „,.�m• r > "' "r. ^E�t J� #;S �k �'� '';t� ;x3,��,', ,' ^ ,«,�•., k '`,° ^,o ✓'` "s' a ,rn f; ,,,� � .�s'.."' +�tf'''j a �, o x£ `kY '0.��$ �� i 5 £ ..• '• df: � „s FEMMEf�4 illl • f • IIII , ContentsTable of Page Summary..................................................................................................................I FiscalAnalysis. •............................................................................................... =tea> U@S.......................... ......... ............ ..... Ex nditures ........11 OperationImpacts.......................................................................................................................2 PublicService Impacts..........................................................................................................2 Infrastructure Impacts...........................................................................................••-..............3 OtherIssues..........................................................................................................................3 Annexation Process.....................................................................................•--..............•-•-..........4 ",inset Beach Annexation Study—Fiscal/Operational Analysis...........................................5 ...........................--•-----.........---.......................---.....................-----•---------.........................5 _- ..............5 •, Ch:�nge the Status Quo?.....................................................................................................6 1..ih:. aalogy ......................................... scalAnalysis .... ...............................................................................•------? Revenues..............................................................................................................................8 GeneralFund Revenues.......................................•----•---------•--•---................................................8 PropertyTaxes......................................................................................................................8 PropertyTransfer Tax...........................................................................................................9 SalesTax.................. ........................................................................•----•••........-•--...............9 Property Tax in Lieu of Sales Tax...................................................•---............•-•-..................9 i,Ict n-Vehicle License Fees(MVLF) ...--------•.........................................................................9 Property Tax In Lieu of Motor Vehicle License Fees..............................................................9 ansientOccupancy Tax .................•--•---.............................................................................9 ra asient Occupancy Tax(Business Improvement District).................................................10 FranchiseFees ............................... ..........•------...------•--•-------.......-----........................•-•.......10 UtilityUsers Tax..................................................................................................................10 BusinessLicense Tax..........................................................•--•-..........................................10 Animal License/Shelter Fees...............................................................................................11 Permit and Regulatory Fees---.............................................................................................11 -503- Item 13. ® Page 361 Planningand Zoning Fees...............................................................•-••----......................11 BuildingPermit Fees............................................................................ ................11 Code Enforcement Fees.................•--................................---.....-----•-•----................----....11 Fines/Forfeitures...........................................................................................................12 Total General Fund Revenues.............................................•-----....................................12 Table I—Project Annual General Fund Revenue, Sunset Beach Annexation, 2009— 10..........12 Other Municipal Revenues...........................................................•--......----................................13 Structural Fire Fund Property Tax.......................................................................................13 FireMed...............................................................................................................................13 SpecialAssessments..........................................................................................................13 Water/Wastewater Fees......................................................................................................13 LibraryProperty Tax............................................................................................................13 RecreationPrograms..........................................................................................................14 Parking Fees................ ......-----•--..........14 Total Other Municipal Revenues..................................•------................................................14 Table II —Projected Annual Other Municipal Revenues, Sunset Beach Annexation, 2009— 10..............................................................................................................14 Restricted Road Revenues..................................................................................................15 GasTax Funds..............................................................................................................15 MeasureM ................... ....................-----.................--..15 Total Restricted Road Revenues...................................................................................15 Table III—Projected Restricted Road Revenues.......................................................................15 RevenueSummary .............................................................................................................15 Table IV—Projected General Fund, Other Municipal and Restricted Road Revenues, SunsetBeach, 2009— 10..........................................................................................................16 Expenditures.............................................................................................................................16 Per Capita Projection of General Fund Expenditures..........................................................16 Table V—Per Capita General Fund Expenditures with Sunset Beach Population.....................16 General Fund Expenditure Projections (Actual)...................................................................18 Fire......................................................................................................................................18 Police..................................•-•----...----....................----.....------...............................------..........18 Table VI—Sunset Beach Part I Crime Statistics—2007 & 2008................................................19 AnimalControl..........................................•--.... ..............................................................-•---.........................................................19 CityClerk .................................... ... .........................................19 CommunityServices........................................•---........----....................---•----.......................19 BeachMaintenance.......................................................................................................19 Item 13. ® Page 362 -504- - �� MarinoSafety......................................................................................................................2O FheK0md...............................................................................................................................2O PublicWorks.......................................................................................................................21 Park Maintenance .--_.'---.—.—.--.'--_—.--.—.—.---.---.-_—.--.—.-'21 Projected Actual Operating Expense Summary..—.—..—.----.--.—'—.--'------.--.21 Table\q|—Annual Actual Operating Expense Project Summary, Sunset Beach, 2OO9-1O.....21 One Time ...----------.---.----.'.--.-.—..-----.21 Tabka\4U —Potential One-Time Planning Costs.......................................................................23 Restricted Road Fund Expenditures..........................................................................................23 SummaryofFiscal Impact.........................................................................................................23 TabhaIX—Summary of Annual Revenues/Expenditures, 8unmetBaouh Annexation, 2OOS- 1O..............................................................................................................24 FutureFinancial Impacts...........................................................................................................24 Public Service and Infrastructure Impacts............................................................................2S � PublicService Impacts..............................................................................................................25 � City Attorney, City Treasurer, Oty Clerk, Economic Development Finance, Human Resources, Information Services....................................... ......................25 Building & Safety and Planning ...........................................................................................25 CommunityServices...........................................................................................................28 Library.................................... ...................... .....................................................................28 PublicSafety.......................................................................................................................2G PublicWorks.......................................................................................................................27 ---.---.--.--...---.----.-----.--..----.--.----27 Summary —..--'-----------------.—.—.--.----'--..---.---......27 InfrastructureImpacts...............................................................................................................28 BroadwayBridge.................................................................................................................20 Drainage-----.-----.—.---.--------------.—.---.'------..28 FireStation..........................................................................................................................28 ParkFacilities......................................................................................................................28 Streets and Roads ---------.----------.--------------.--'28 UndergroundUtilities........................... ...............................................................................29 Water.................................... .............................................................. ..............................20 Wastewater.........................................................................................................................39 � Summary.............................................................................................................................2Q Otherissues....... ............................................... .....................................................................28 �� �^� U� ^���^� ������ m����K� m=�= ~ Page =����� AnnexationProcess................................................................................................................32 StepsToward Annexation.........................................................................................................32 Item 13. o Page 364 -506- Executive The focus of this report is to present fiscal, operational and procedural information to the City of Huntington Beach to assist its City Council in deciding whether or not to initiate the annexation of the unincorporated community of Sunset Beach. Physically, this is a linear community con- sisting of 84 acres and an estimated 1,227 residents. It is an unincorporated island mostly sur- rounded by Huntington Beach and the Pacific Ocean. It was recently placed into the Huntington Beach Sphere of Influence by the Orange County Local Agency Formation Commission (LAF- CO). This means that this area can only be annexed into Huntington Beach, if annexation oc- curs at all. This report addresses the fiscal and operational impacts of this potential annexation in accordance with Objective LU 3.1 of the City's General Plan. Fiscal Analysis Revenues The study projected the identifiable "General Fund revenues" associated with this annexation including income from the property tax, property transfer tax, sales tax, property tax in lieu of sales tax, motor vehicle license fees, property tax in lieu of motor vehicle license fees,transient occupancy tax, franchise fees, business license fees, animal license/shelter fees, and fines and forfeitures. Since this annexation would occur without a vote of the Sunset Beach electorate, the City's Utility Users Tax would not be levied in this community. Also "other municipal revenues" were identified related to the structural fire fund property tax, FireMed, special assessments, water and wastewater fees, library property tax, and recreation program income. There are also "restricted road revenues" related to gas tax and Measure M income. General Fund estimated revenue is $795,510. By adding projected "other municipal revenue" of$439,855 there will be $1,235,365 available for various City operating expenses. By adding "restricted road revenues" of $176,555, total revenue from this potential annexation is estimated at $1,411,920. Expenditures Two approaches were taken to project the estimated additional expenditures that would occur if Huntington Beach annexed Sunset Beach. One methodology is to project the City's General Fund expenditures on a per capita basis. A per capita expense is determined by dividing each department's budget by the City's estimated population, and projecting the increase in that de- partment's budget by the increase in the population (1,227) that would be served. Using this methodology, the City's added expense is projected to be $1,092,871. The other approach is to project the actual expected additional expense for each department. This recognizes that many city operations will not require additional staffing or budget increases including, for example, police, fire, library, and administrative and staff support offices. In fact, this result emphasizes the efficiency of changing the way public services could be provided to the Sunset Beach community because of the economy of scale provided by the City. -- -----Page 1 -507- Item 1 . - Page 365 o • o • ► The functions which will require additional funding in order to provide service to Sunset Beach include Animal Control, City Clerk, Community Services, FireMed, and Park Maintenance. Using this methodology, the City's added expense is projected to be $664,140. Estimated street and road maintenance and improvement expense needed to maintain 3.98 centerline miles of streets in this community, including street sweeping and 102 street lights, is $123,521. It is assumed that the five traffic signals along Pacific Coast Highway will be main- tained in a cost sharing arrangement between Caltrans and the City. There are also one-time, likely discretionary, capital and equipment expenses which may be re- quired in Sunset Beach. One is a projected $800,000 in repairs to the Broadway Bridge, with a $96,000 local match, which can come from gas tax funds. There is also an estimated $1,500,000 worth of drainage improvements being initiated by County Parks, a portion of which would be the responsibility of the City. It is unknown what the additional cost would be to Hun- tington Beach with or without the annexation, but there would be an additional expense to the City in either case. Finally, to address beach maintenance the City will need to purchase a trac- tor($148,000) and a rake ($32,000). Other possible unknown one-time expenses associated with this potential annexation include providing engineering support to a property owner initiated underground utility project along with a Rule 20A undergrounding project being pursued by Southern California Edison.Also, planning studies related to this potential annexation, such as a General Plan Amendment, Zoning Text Amendment, Local Coastal Plan review, and environmental review that are not performed by City staff could entail a one-time consultant cost estimated at $96,894. Based on the projected all-fund revenues and expenditures presented in more detail on Table IX on page 23, it shows that the estimated fiscal impact of the Sunset Beach annexation on the City of Huntington Beach could range from an annual surplus of$195,528 to $624,259. It should be noted that these figures are only estimates based on the methodologies described in this study and do not guarantee the exact future numbers in case the annexation occurs. It should also be noted that the comparison of"actual" projected revenues and expenditures underscores the efficiency and cost effectiveness of the City serving this unincorporated area since the City would be able to extend many of its services to this area without increasing the operating budg- ets for these services. Regarding restricted road revenue, there would be an estimated surplus of gas tax and Measure M income accruing to the City for day-to-day street maintenance expense. This may be neces- sary, however, since there may be one-time capital expenses that would be required from this source. Operation Impacts This portion of the report evaluates the public service and infrastructure impacts of this potential annexation on the City of Huntington Beach. Public.Service Impacts In terms of public service impacts there would only be slight workload increases for administra- tive and support services such as Administration, City Attorney, City Clerk, Economic Develop- ment, Finance, Human Services and Information Services. Also, there would be some, but not significant, workload increases in regulatory services such as Building and Safety, and Plan- Page Z (tern 13. ® Page 366 _508- ning. While there will be some minor increase in the Police Department workload, there should be none in Fire since they are already serving this area through automatic aid and through a pa- ramedic contract with the Orange County Fire Authority. Also, additional workload is not ex- pected in the Library Department. The City's Water and Wastewater operations are not expected to be impacted.Water is already provided by the City to this area, and the Sunset Beach-Sanitary District will retain its indepen- dence and continue to provide wastewater service to this community. There will be workload increases in the Community Services Department to provide lifeguard and beach maintenance services to this area, plus administering a Junior Lifeguard Program which County Parks plans to extend for two-years. It is assumed that the Sheriff's Harbor Patrol would remain in place in Huntington Harbour and that County Parks would retain oversight of the Sunset Aquatic Park. Parks Maintenance would pick up increased workload by assuming maintenance responsibilities for a 13 acre linear park,which includes a tot lot and five recently renovated restrooms. Infrastructure-Impacts There does not appear to be any major infrastructure problems or issues with this potential an- nexation. The only potential projects with one-time cost impacts are the repairing the Broadway Bridge ($96,000 local match), and assisting in funding a County-initiated drainage project (City share unknown). There will be a need to discuss with the OCFA the future of Fire Station#3 since it is rarely used now, and this community will be easily served by the Huntington Beach Fire Department. (In fact, it already serves this area.) The linear park would be added to the City's parks inventory and appears to be in satisfactory condition. The same could be said of the streets that the City would be inheriting. The City's Water and Wastewater infrastructure would not be impacted by this potential annexation. Other Issues The Sunset Beach Community Association has developed a 13-point list of issues to discuss with Huntington Beach in the event the annexation materializes. This does not mean that the Association supports the annexation since they would prefer to remain independent. Some of the Association's issues have been addressed such as maintaining Sunset Beach Sa- nitary as an independent District (LAFCO has already approved this) and obtaining assurance that the Rule 20A underground project will be continued. The City taking over maintenance of the beach and linear park is a given. Other issues evolve around the community's desire to keep its identity, recognition of the Asso- ciation as liaison with the City Council, land use issues, discuss the future of Fire Station No. 3, impose a business license fee to limit undesirable commercial uses, and obtain contract details of the County's Junior Lifeguard Program. It would appear that most of these issues can be dis- cussed with the Association's representatives and are capable of being resolved. ------------- Page 3 m���� item 13. - Page 367 " • o a o e Annexation Process After review with LAFCO staff, this report outlines in detail the steps to be taken if the City Council decides to proceed with this annexation. State law, Orange County and LAFCO en- courage the elimination of unincorporated "islands" like Sunset Beach with the result that this area was recently placed into Huntington Beach's Sphere of Influence by LAFCO_ Now with this community in Huntington Beach's Sphere, it can now be annexed by the City. This means that if the area is annexed, it can only be annexed by the City_ Since Sunset Beach has less than 150 acres, it is an unincorporated "island." This means that under the provisions of Government Code Section 56375.3, LAFCO must approve the annexa- tion if initiated by the City without resident protest. The only discretionary action that can be tak- en by LAFCO is to apply"terms and conditions" or to"make modifications with terms and condi- tions"to the annexation. Part of the application process requires the City to "prezonen the area prior to consideration of the annexation. This would mean that the City would need to initiate and complete a Zoning Map Amendment to include Sunset Beach in its General Plan. At some point the City would need to also process a General Plan Amendment and a Local Coastal Program Amendment thru the Coastal Commission. Other related planning documents would need to be prepared in- cluding a Zoning Text Amendment and an environmental review. There are certain application fees normally associated with an annexation application. However, LAFCO may waive these fees. Minor fees related to certification and recordation fees will need to be paid before an annexation is finalized. ---__..._._...___.......__.......... ----�__-- Page 4 Item 13. ® Page 368 -510- Annexation Analysisbunset Beach Purpose The purpose of this report is to present fiscal, operational, and procedural issues related to the possible annexation to the City of Huntington Beach of the unincorporated community of Sunset Beach. This is in concert with the City's General Plan, and Objective LU 3.1,which states: "Ensure that any proposed annexation is consistent with the overall objectives and does not adversely impact fiscal or environmental resources, and public services and infra- structure of the City of Huntington Beach." This report, then, will assess the fiscal impact of the possible annexation of Sunset Beach as well as operational issues regarding public services and infrastructure of the City. The goal of this study is to provide the necessary data, information and analysis to assist the Huntington Beach City Council in determining if the Council desires to take action to annex Sunset Beach. The procedural steps to be followed if the City Council decides to pursue annexation will also be presented. Background Sunset Beach is a small, unincorporated beachfront community, adjacent to and northwest of the City of Huntington Beach. Fronting 48-acres of white sand beach, Sunset Beach has an es- timated 1,227 residents and 685 dwelling units. Containing 85 acres it is surrounded by Hunting- ton Beach on the south and east, the City of Seal Beach on the north and the Pacific Ocean on the west. The community is long (a little over one mile) and narrow, with a combination of residential, commercial and public.land uses. Besides the beautiful white sand beach, a predominant fea- ture of this community is a long greenbelt, or linear park which once served as the Pacific Elec- tric Red Car right-of-way. This 13-acre park appears to front most of the homes in this communi- ty, provides free parking for beach users, contains five remodeled restrooms and a tot lot. This older beachfront community has maintained its old time charm, with a quaint post office, a volunteer fire station (Orange County Fire Authority Station No. 3), and a women's club. They have a number of community events, including a Mile Long Garage Sale, sponsored by the Sunset Beach Community Association. This Association is active, meeting monthly, and main- taining its own website at sunsetbeachca.org. Sunset Beach is also served by the Sunset Beach Sanitary District which was formed in 1930 to provide sewage and trash collection to the Sunset Beach/Surfside Colony communities. This District has an elected Board of Directors representing the local electorate. ----- Page 5 _511- Item 13. ® Page 369 e • $i s e Why Change the Status Quo? Why change the status quo? Or put another way: how did the City of Huntington Beach get to the point of considering the annexation of the Sunset Beach community? The process of cities annexing small unincorporated"islands" like Sunset Beach started several years ago with a change in state annexation law. Recently, several local government actions, particularly by the Orange County Local Agency Formation Commission (LAFCO) have raised this specific annexation issue.These actions are described in this section. The Sunset Beach community is considered a small unincorporated "island." For some time the State of California has recognized the inefficiency of large counties providing municipal services to these small,"islands." State law was changed to permit small unincorporated "islands" of 150 acres or less to be located in a City's sphere of influence allowing these areas to be annexed without resident protest (Government Code Section 56375.3). Sunset Beach falls into this cate- gory since it is an area of 85 acres and is substantially surrounded by the City of Huntington Beach and the Pacific Ocean, with only its short northern boundary bordering the City of Sear Beach. In addition to this change in state law, according to LAFCO, about 15 years ago the County started to focus more on the provision of regional, countywide services, and pulling back from the provision of municipal-type services. With the more recent and ongoing fiscal problems faced by governments at all levels, it is clear that it is inefficient for counties to provide services to such relatively small "islands," unconnected to other unincorporated areas. An example cited by LAFCO staff of one such inefficiency is in the area of fire and emergency medical service. OCFA Engine #3 (volunteer) located at the Sunset Beach fire station and staffed by Reserve Fire Fighters, received 51 calls in 2008, but was only able to respond with qualified reserves in two of those cases. The bulk of the fire and emergency medical responses to this area come under an automatic aid agreement with OCFA from the City's Warner Avenue Fire Station which is located only 800 feet from the City's boundary with this community. Also, on July 1, 2004, the OCFA began contracting with the City to provide paramedic emergency medical services to this area since, according to the contract, "...such emergency services can more promptly and more efficiently be provided to the SERVICE AREA (Sunset Beach) by the CITY." Further, OCFA almost closed the Sunset Beach fire station, but kept it open in response to community support of this station. So, while Sunset Beach is formally served by the OCFA, it is more promptly and efficiently served by the City of Huntington Beach Fire Department. A Sphere of Influence (SOI) according to state law (Government Code Section 56425) must be established by LAFCO for all cities and special districts. This is a state mandated planning tool designed to identify logical municipal server providers for unincorporated areas throughout the County. Huntington Beach's Sphere of Influence was adopted in 1973, and updated in 1989 and 2006. During the 2006 update, while LAFCO staff urged that Sunset Beach be included in the City's SOI, that recommended action was not taken by the LAFCO Commission. However, over three years later during a subsequent SOI review on July 8, 2009, the Commission placed Sunset Beach in the City's Sphere. This does not mean that Sunset Beach would automatically be an- nexed by Huntington Beach, but if it were annexed, it could only be annexed by the City. Page & Item 13. - Page 370 ��7�- On July 31, 2009, the Huntington Beach City Council conducted a special meeting to review and update the strategic goals of the City. At this meeting the possible Sunset Beach annexation was discussed by residents of Sunset Beach addressing the Council under"public comments." No formal action by the City Council, however, was taken or reported. On August 10, 2009,the Seal Beach City Council reviewed a staff report and heard from Sunset Beach residents regarding possible annexation by that City of this unincorporated community. While those from Sunset Beach speaking at the meeting urged the Council to pursue annexa- tion of their community, no action was taken by the City Council to pursue such an annexation. It is clear that state law, Orange County and LAFCO are encouraging the elimination of unincor- porated islands, that the City of Seal Beach is not interested in annexing Sunset Beach, and that this community has been placed into Huntington Beach's Sphere of Influence. The question now is whether or not the City is interested in annexing Sunset Beach and whether the City should take steps to initiate this annexation. if the City does pursue this annexation as an unin- corporated "island,"and assuming proper procedural steps are taken by the City including those related to prezoning and environmental review, the LAFCO Commission must approve the an- nexation. This approval would be subject to terms and conditions or with modifications subject to terms and conditions which would be determined by the Commission. This report will review fiscal, operational and procedural issues to assist the City in answering the question of whether or not the annexation of the Sunset Beach community should be pursued. Methodology The methodology of this study included reviewing documents and data supplied by City and LAFCO staff. This included financial, operational, and procedural information. Review of docu- ments prepared by the Seal Beach staff as well as material written by the Sunset Beach Com- munity Association was completed. Pertinent sections of state law along with an Attorney Gen- eral's Opinion were also read. Also, interviews and email inquiries were conducted with the staff of the City, LAFCO, and the Orange County Parks Department. The estimated revenues and expenditures in this report are just that: estimates. They are calcu- lated based on information supplied by either City staff or from the LAFCO Sphere of Influence report prepared last summer. These are not precise figures that guarantee actual revenues or expenditures which will be received or expended should the potential annexation occur. It should be noted that in very limited portions of this report some general conclusions are of- fered regarding the reading of the City Charter, the General Plan and state law. These conclu- sions are based solely on the "plain reading" of these documents, and should not be considered a legal interpretation of this material. Any legal opinions of these documents are the province of the City Attorney, and should be referred to that office for further comment, if needed. Fiscal Analysis This fiscal analysis presents the projected revenues that would accrue to the City of Huntington Beach if the Sunset Beach community were annexed to the City as well as the estimated City expenditures for serving this area. The projected revenues are categorized in three categories: Income that would accrue to the City's General Fund; -----------Page 7 -513- Item 13. e Page 371 • Other municipal revenue; and • Restricted street and road revenue. These revenues not only include the reallocation of property taxes per the Master Property Tax Agreement between the City and Orange County, a shift of sales tax revenue to the City, but City fees and taxes that would be applied to this area as well. It should be noted that there are certain revenues that are not currently collected in Sunset Beach by the County. Taxes that are collected in the City, but not in the County, such as the Utility Users Tax cannot be collected in Sunset Beach without a vote of that community's electo- rate. This report provides estimated General Fund revenue projections for the Utility Users Tax for information purposes only. This report contains two different approaches in projecting expenditures. One is an estimate us- ing a per capita cost projection, assuming that there will be an incremental increase in expense as the City population increases, both through annexation and normal population growth. The other is a projection of the actual expenditures expected to be spent to provide services to this community. In terms of methodology, the first estimate is based on per capita cost projections and the second is based on current actual estimated expenditures. The latter estimate assumes that per capita cost increases projected for certain City functions will not occur as will be ex- plained in more detail in the "expenditure" section, and that actual expenditures will more accu- rately describe the "real"fiscal impact the proposed annexation will have on the City. Revenues This section presents revenues which will be received by the City as a result of the possible an- nexation of Sunset Beach. As mentioned previously, these revenues are presented in the fol- lowing categories: • General Fund Revenues, which is income which can be used for any municipal purpose; ® Other Municipal Revenues, which is income that normally can be used for general city operations, but limited to a specific city function such as the Structural Fire Fund Proper- ty Tax which can only be used to support fire services; and • Restricted Road Revenues which can only be used for road maintenance and street projects. General Puna Revenues Property Taxes The Master Property Tax Agreement governing the sharing of property tax revenue between the City and Orange County was approved by the City on October 28, 1980. While adopted a num- ber of years ago this resolution is current and provides by its terms that the tax split specified in the Agreement"shall...be used for all annexations...without regard to the year they take place." The Agreement provides that the general tax levy will be allocated as follows: 56 percent (rounded) to the City and 44 percent (rounded) to the County. This division is net of the Coun- -----__._..___ Page 8 Item 13. - Page 372 -514- REMMEM • e i e ty's contribution to the Educational Revenue Augmentation Fund. Also, this revenue is separate from the Structural Fire Fund Property Tax (OCFA) which is discussed later under the "Other Municipal Revenues"section. The estimated property tax revenue for municipal services and redevelopment is estimated at $146,306. Property Transfer Tax When new property is sold:or more likely in Sunset Beach when an existing property is resold, a property transfer tax of$1.10 per$1,000 of transferred value is levied on the sale of real proper- ty. The resulting revenue is then split between the City and Orange County, with each obtaining $.55 of the transferred value.While neither the County nor LAFCO could provide actual last fis- cal year transfer tax revenue for this area, and no revenue estimate was provided in the LAFCO Sphere of Influence report prepared last summer, it is estimated for the purposes of this report that$4,268 would be produced based on the property transfer tax income realized in Huntington Beach. This estimate is calculated using the proportion of dwelling units in Sunset Beach com- pared to the City (685 DUs/77,962 DUs = .88%x$485,000 = $4,268). Sales Tax While Sunset-Beach is mostly residential, it has commercial development along Pacific Coast Highway. Using actual sales tax from the accounts within the unincorporated island, sales tax revenue that would accrue to Huntington Beach is estimated at $186,857 (Source: HDL compa- nies). Property Tax In Lieu of Sales Tax It is estimated by LAFCO, based on the accounts within Sunset Beach, that property tax in lieu of sales tax revenue amounts to $19,738 annually. Motor Vehicle License Fees (MVLF) If the annexation occurs, the City will receive MVLF subvention revenue in accordance with the AB 1602 formula. It is estimated that Huntington Beach would receive $61,350 from this reve- nue source (1,227 x$50). Property Tax In Lieu of Motor Vehicle License Fees It is estimated by LAFCO that the property tax in lieu of motor vehicle license fees accruing to Huntington Beach would be $184,521. Transient Occupancy Tax The County charges a 10 percent Transient Occupancy Tax (bed tax), the same as the City of Huntington Beach. Last year, the County rate produced $151,356 in revenue. There may be a potential land use and/or business license issue with weekly rentals occurring in Sunset Beach, which are not permitted by Huntington Beach. However, they apparently are not subject to the -- — Page 9 -515- Item 13. o Page 373 County bed tax. Based on the County charging the same rate as the City, it is projected that the City would receive$151,356 annually from the Transient Occupancy Tax. Transient Occupancy Tax (Business Improvement District) The City also has a Business Improvement District which is supported by an additional one per- cent Transient Occupancy Tax. Since this one percent TOT is 10 percent of the regular tax rate, the estimated revenue from this income source is$16,136 ($151,356 x 10%)'. Franchise Fees It is estimated, based on the amount received countywide in the unincorporated areas, applying the amount per capita from the Sunset Beach population, that the franchise fees for electricity, natural gas, and broadband/cable television/telecommunications would produce $10,660.These are franchise fees applied to each of these services and are separate from the Utility Users Tax. This would provide total franchise fee revenue of$10,660. Utility Users Tax The Utility Users Tax is a five (5) percent tax imposed on the users of certain utilities in the City including water, telephone, gas, electric, and cable television services. Projecting an increase in these revenues based the proportionate increase in dwelling units projected by this potential annexation, it is estimated that Utility Users Tax revenue would increase by $191,119 (685/77,962 = .88% x$21,726,000). It should be noted, however, that in the view of LAFCO legal staff the Utility Users Tax could be imposed only if the annexation were processed as a normal inhabited unincorporated area re- quiring a vote of the Sunset Beach electorate. Since it is being pursued as an "island" annexa- tion, not involving a vote of those being annexed, Proposition 218 would bar the imposition of this tax to this area according to LAFCO. As a result, this estimate is provided for information only and is not included in the overall General Fund revenue projection. Business License Tax In the City's license and permits revenue category, the largest revenue source is the business license fee. LAFCO in preparing its revenue estimates as part of the SOI study did not include any income from this source since apparently the County does not have a business license fee. Therefore, there was no available data from which to produce a revenue estimate. There ob- viously are businesses located in Sunset Beach, and with a minimum business license fee of $75 per business, some revenue should be produced from this source. Since there was not an available count of the number of businesses in Sunset Beach, a per capita revenue projection for Huntington Beach was developed ($2,200,000/202,480 = $10.87) and applied to this unin- corporated island. Using that formula, projected business license revenue is $13,337 (1,227 x $10.87)_ ' Technically, this is not a General Fund revenue and normally would be placed in the "Other Municipal Revenue" category. However, it is presented here since it is normally associated with the Transient Oc- cupancy Tax described above. ------ Page ?Q Item 13. - Page 374 -516- MMii oi�il uli f a f As a further note, feedback has been received that some in Sunset Beach would look forward to implementing a business license tax in their community. Some view this as a way to discourage undesirable businesses locating there. Whether or not the tax charged for a business license would have this effect is debatable. The business license should not be considered by Sunset Beach residents as a regulatory tool. Animal License/Shelter Fees Based on actual fees collected from this unincorporated island, the LAFCO study indicated es- timated revenue from this source at $1,745. Permit and Regulatory Fees Planning and Zoning Fees Based on the per capita revenue received in Huntington Beach for planning and zoning fees as applied to Sunset Beach, it is estimated that the City will receive revenue in the amount of $8,503 ($1,403,000/202,480 = $6.93 x 1,227). This estimate is provided for information purpos- es and not included in the total General Fund revenue projections since these are fees which basically cover staff expenses required to provide planning and zoning services to the Sunset Beach community. Building Permit Fees While Sunset Beach is basically "built out," remodeling often occurs requiring building, plumb- ing, electrical, mechanical and/or other permits. Using a per capita projection, it is estimated that the City will receive $13,387 from this revenue source ($2,210,000/202,480 = $10.91 x 1,227). Similar to the planning and zoning fees, this estimate is provided for information purposes and is not included in the overall General Fund revenue projections. Code Enforcement Fees Again, the LAFCO SOI study attributed zero revenue from Code Enforcement fees. This is be- cause no such fees were collected by the County. However, last July when City staff conducted an informal windshield survey of the Sunset Beach area, 129 violations were identified. While 40% of the violations were related to trash, debris and landscaping, the remaining were struc- tural such as faulty weather protection, signs, garage conversions, and dilapidated roofs and ga- rages. This number of violations as a percentage of total housing units is 18.8 percent, com- pared to 13.0 percent in the rest of the City. Using a per capita projection along with determining the proportionate increase in violations (18.8% vs. 13.0%) compared to the remainder of the City (1,227/202,480 =.61% x $29,100 x 1.45), the revenue from this source is estimated to be $257. Similar to the planning, zoning and building permit fees, this estimate is provided for in- formation purposes only. It should be noted that since code enforcement will assume an additional service area, there will be an impact on the City in providing these services to the Sunset Beach area. This impact is reflected in whatever time is spent away from existing areas of responsibility by staff. In summary, it appears that the Permit and Regulatory Fees from Planning and Zoning, Building Permit, and Code Enforcement will generate $22,147 in revenue which will offset the expenses --- ----Page 97 -517- Item 13. ® Page 375 t t t t t in processing permits and enforcing the City's codes_ Because of this offset, neither the reve- nues nor expenditures for these functions are included in the revenue and expenditure projec- tions of this report. Fines/Forfeitures Fines and forfeitures reflect income generated by Motor Vehicle and Municipal Code fines and other miscellaneous fines and forfeitures. Based on the LAFCO SOI study, using a projection based on the unincorporated county area per capita revenue as applied to Sunset Beach, the estimated fines and forfeiture revenue which would accrue to Huntington Beach is$1,236. Total General Fund Revenues Based on the individual revenues identified in the preceding paragraphs, the total General Fund revenue that this potential annexation could produce for the City of Huntington Beach, excluding the Utility Users' Tax is $795,510. This General Fund revenue data is summarized in Table 1, entitled, "Projected Annual General Fund Revenue, Sunset Beach Annexation, 2009— 10." Table I Projected Annual General Fund Revenue Sunset Beach Annexation, 2009— 10 Property Tax $145,306 -- ....... — --- -------....._....... .._.._�...--- — - ---- -- - Property Transfer Tax 4,268 Sales Tax 186,857 Property Tax in lieu of Sales Tax 19,738 Motor Vehicle License Fee 61,350 Motor Vehicle in lieu of Vehicle License Fee 184,521 Transient Occupancy Tax 151,356 Transient Occupancy Tax, Bus. Improvement Dist. 15,136 Franchise Fees — i 10,660 Business License Fee T 'u 13,337 Animal License/Shelter Fees 1,745 s Fines and Forfeitures 1,236 TOTAL GENERAL FUND REVENUE- $795,510 (')Planning, building and code enforcement fees estimated at $22,147 are excluded from this estimate since these are basically revenues which are offset by expenditures therefore producing a "wash"in pro- jecting the budget needed to serve the Sunset Beach community. —Pane 12 Item 13. m Page 376 -518- • ♦ i 0 t TI I1 I Other Municipal Revenues Structural Fire Fund Property Tax Currently, fire service is provided to Sunset Beach by the Orange County Fire Authority. To support that service, OCFA benefits from a Structural Fire Fund Property Tax. In the case of this unincorporated "island,"this tax produces$350,731 which would shift to Huntington Beach upon annexation of this area. It should be noted, however, that currently OCFA contracts with the City for Advanced Life Sup- port (Paramedic) service from the City Fire Department to the Sunset Beach community. It is presumed, upon annexation, that the contract in the amount of $8,000 would discontinue. The net revenue to the City fire service would be$342,731 ($350,731 -$8,000). FireMed FireMed is a voluntary membership program allowing residents to receive City paramedic and ambulance services for no additional out-of-pocket expenses. The cost to join the programs is $60 per year, per household. With an estimated 33% participation rate per household based on the city-wide membership average, there would be an estimated participation of 405 households from Sunset Beach that would join this program. The estimated revenue from this membership is$24,300 (405 x$60). Special Assessments According to the LAFCO SOI report, there are special assessments totaling $3,946 which would be passed on to Huntington Beach if this annexation occurred. Water/Wastewater Fees Based on actual revenues, LAFCO estimates that there is $322,364 in water and wastewater fees produced in Sunset Beach. However, this does not mean that this is additional revenue that would accrue to Huntington Beach if this area were annexed. First, at the July 8, 2009, LAFCO meeting, the Commission decided that the Sunset Beach Sanitary District would main- tain its independent status with its own sphere of influence. Second, the City already receives payment for water service from this community. Further, there is a 10 percent surcharge on the water bill that would evaporate upon annexation. So, instead of$322,364 accruing to the Hun- tington Beach, there would be a loss to the water fund of$23,151. Library Property Tax Currently, there is property tax revenue supporting the County Library System that would shift to Huntington Beach upon annexation. The LAFCO estimated revenue for City library service which would shift to the City upon the annexation of Sunset Beach is estimated at$52,029. Page 13 _579- Item 13. a Page 377 f f i f Recreation Programs There has been a Junior Lifeguard Program conducted in Sunset Beach, generating approx- imately $40,000 in revenue to the County. The current contract ended with the summer 2009 session. However, the County Parks Department intends to extend the contract through 2011. It is expected that this contract extension would occur before Sunset Beach could be annexed into Huntington Beach. At some time in the future, if the annexation occurs, the City may want to consider folding this program into their Junior Lifeguard program. In the meantime, the revenue produced from this program is estimated at$40,000. Parking Fees While Sunset Beach does not have any parking meters, they apparently developed some form of parking permit system. The consultant was informed that since residents were being ticketed along with visitors for parking in front of garages, this system involved permits which allowed residents to park in these spaces. Neither the County nor LAFCO had any information on this permitting system, the fee structure, or the revenue that was produced. The amount of revenue likely would be minimal in any event. As a result, no additional revenue from parking fees is pro- jected in this report. Total Other Municipal Revenues It is estimated that if Sunset Beach were annexed into Huntington Beach, there would be Other Municipal Revenues available to support City fire, library and miscellaneous services in the amount of$439,853. This data is summarized in Table II, entitled, "Projected Annual Other Mu- nicipal Revenues, Sunset Beach Annexation, 2009— 11I Table 11 Projected Annual Other Municipal Revenues Sunset Beach Annexation, 2009—10 Structural Fire Fund Property Tax $350,731 Loss of Emergency Medical Contract Revenue (8,000) FireMed 24,300 Total Fire Department Revenue $367,031 Special Assessments 3,946 Loss of Water Surcharge (23,151) Library Property Tax 52,029 Recreation Program (Jr. Lifeguard contract) 40,000 ..-........-.................._............... ------�_._._.._.._.. TOTAL OTHER MUNICIPAL REVENUE $439,855 Page 14 Item 13. ® Page 378 -520- Restricted Road Revenues Gas Tax Funds If Sunset Beach were annexed by the City, state gas tax funds now collected by the County for this area would shift to the City. According to the LAFCO SOI financial report, and in applying the countywide per capita factor for this "island' an additional $190,480 would be produced for street maintenance and other road projects. However, this estimate included $127,462 in Sec- tion 2104 gas tax funds which only accrues to the County, and did not include an estimate of Section 2107 gas tax funds which would be allocated only to the City. By making these adjust- ments, it is estimated that the state gas tax funds that would be received by the City (from Sec-__ tions 2105, 2106, 2107, and 2107.5 gas tax funds) if this annexation occurred is an estimated $148,381. These revenues, as well as those received through Measure M, are restricted only to the use of street maintenance and improvements. Measure M Measure M is an initiative passed by the voters in Orange County to finance transportation im- provements using revenue produced from a countywide sales tax. Based on the actual sales tax revenue produced in Sunset Beach, it is estimated that Huntington Beach would receive $28,174 from this source if they annexed this"island." Total Restricted Read Revenues The estimated amount of restricted road revenues which would switch from the County to the City if Sunset Beach were annexed is an estimated $176,555. This data is summarized in Table III, entitled, "Projected Restricted Road Revenues." Table III Projected Restricted Road Revenues Gas Tax $148,381 Measure M 28,174 Total Restricted Road Revenues $176,555 Revenue Summary The total General Fund, other municipal revenues and restricted road revenues are summarized in Table IV, entitled, "Projected General Fund, Other Municipal and Restricted Road Revenues." Page 15 ���7- Item 13. - Page 379 • • • • s Table IV Projected General Fund Other Municipal and Restricted Road Revenues Sunset Beach, 2009--10 General Fund $795,510 Other Municipal 439,855 Total Available for City Operations $1,235,365 Restricted Road Revenue 176,555 Total Revenue Produced from Sunset Beach $1,411,920 Expenditures Per Capita Projection of General Fund Expenditures As mentioned earlier, there are two expenditure projections provided in this report. One is based upon a methodology of projecting the City's General Fund expenditures on a per capita basis. A per capita expense for each department is determined by dividing each department's budget by the City's estimated population (202,480), and then projecting a number to reflect the additional population that would be served (1,227) if Sunset Beach were annexed. As presented in Table V entitled, "Per Capita General Fund Expenditures with Sunset Beach Population," this projec- tion developed by City staff would mean an increase in City operating expenditures of $1.,092,871. Compared to the General Fund revenue projections presented in Table 1, this would mean a deficit of$291,361 ($795,510- $1,092,871). However, by adding the General Fund and Other Municipal Revenues together, there would be a surplus of $142,494 ($795,510 + $439,855 = $1,235,365-$1,092,871). Table V Per Capita General Fund Expenditures with Sunset Beach Population City Administrator $1,773,821 202,480 $9 $9 1,227 $10,749 City Treasurer $1,492,949 202,480 $7 $7 1,227 $9,047 City Council i $307,910 202,480 $2 $2 ; 1,227 $1 866 12 ----------------- ---- _ ----------- ---------- - ._- _s- �- City Attorney $2,635,911 202,480 $13 $13 1,227 $15,973 City Clerk $956 065 202 480 $5 $5 ' 1227 $5,794 Building &Safety $3,696,183 202,480 $18 $18 1,227 $22,398 Community Services $13,408,349 202,480 $66 $66 1,227 $81,253 Economic Development $1,583,820 202,480 $8 $8 1,227 $9,598 Human Resources { $6,469,696 202,480 $32 $32 1,227 $39,205 ---------Page 16 Item 13. - Page 380 -522- Table V Per Capita General Fund Expenditures with Sunset Beach Population Finance $10,857,094 202,480 $54 $54 1,227 $65,792 Fire $32,240,905 202,480 $159 $159 1,227 $195,375 Information Services $7,028,601 202,480 $35 $35 1,227 $42,592 Library Services $4,650,003 202,480 $23 $23 ' 1,227 $28,178 Planning $3,334,001 202,480 $16 $16 1,227 $20,204 Police $60,015,155 202,480 $296 $296 1,227 $363,683 Public Works $19,362,379 202,480 $96 $96 1,227 $117,333 Non-Departmental $10,533,100 202,480 $52 $52 1,227 $63,829 Total General Fund $180,345,942 $891 $891 $1,092,871 Expenditures (1)Does not include capital expenses. (2)Population based on 2009 estimate provided by Economic Development. The problem with this analysis is that for many departments there likely would be no additional budget costs. For example, there might be additional but likely minimal additional work gener- ated by this annexation in City Administration. There-probably would not be enough additional workload to generate an increase in this Department's budget. This extra work would be ab- sorbed and prioritized within Administration's normal workload. Even a direct service Department such as Fire will not have nor need a budget increase of $195,375 shown in Table V now or over the next several years. This is because Fire already serves this community through an automatic aid agreement and provides paramedic service through an ALS contract with OCFA. It not only has the nearest"career"fire station, but Sunset Beach falls within the normal 1 '/2 mile radius of the Warner Avenue Fire Station which is the desired response distance for a suburban fire station. It can be argued that with incremental growth such as this annexation, increase in average fami- ly size, or new development, over time there could be an eventual increase in city expense when a certain "critical mass" of additional population to be served has been obtained. Howev- er, over time with the possibility of an aging population, average family size may actually de- cline. The only major additional costs are likely to be in the areas of lifeguard services, beach and park maintenance, road, traffic signal and street light maintenance. Even a slight increase in calls for law enforcement service likely will be absorbed within existing police staffing. Also City staff indicates that the "potential impact on current code enforcement operations is believed to be minor" even though, as described earlier, a July windshield survey indicated approximately 129 code violations. A large portion of those code violations, however, were for property main- tenance issues. There probably will be some additional permit and entitlement processing in Building, Public Works and Planning, but this work should be offset by fees and absorbed by existing staff given the overall decline in building and development activity in Southern California. As explained ---------- Page 77 -523- Item 13. ® Page 381 • e o i o above, additional potential income from planning and building fees from this potential annexa- tion were not included in the projected revenues because of the expenditure offset. The next section provides an estimate of the "real" or expected "actual" additional expenses ex- pected if Sunset Beach were annexed into Huntington Beach. General Fund Expenditure Projections (Actual) This section presents the estimated potential real recurring cost impacts that would occur with the possible annexation of Sunset Beach to Huntington Beach. These costs are estimates, and have been prepared in conjunction with City staff. The cost estimates are for operating ex- penses for those Departments likely to have an increase in their budget in order to serve this unincorporated "island." Included in this discussion will be some one-time costs and unknown future capital obligations that would be assumed by the City if this annexation occurred. Also, even though no additional expenses are expected in some major City departments such as Po- lice and Fire, they,are briefly discussed in this section since they are a major part of the City's budget. Fire As indicated earlier no additional Fire Department expense is expected if Sunset Beach is an- nexed since the Department is already serving this area. With the Structural Fire Fund Property Tax, less the elimination of the ALS contract with the OCFA, there will be a net reve- nue/expenditure benefit to the City of $342,731. The Fire service is mentioned in this section since it is a major cost center of the City, and there is a significant revenue offset for this service in the annexation scenario. Police The LAFCO Sphere study estimated $1,237,023 in total County General Fund expenditures to serve Sunset Beach. Of that amount, $1,198,524 was allocated for Sheriff services. This esti- mate was based on calls for service as a ratio to the total calls in the County's unincorporated territory compared to Sunset Beach. The Sheriff's Department reports that there are six depu- ties assigned to this unincorporated area, working three shifts, providing 24 hours per day cov- erage. In the power point presentation to the Seal Beach City Council that City's staff concluded that this level of expenditure "is overstated, and not an accurate reflection of costs for the currently provided level of services to the Sunset Beach Community." The consultant would agree with that conclusion. In its analysis of required service, the Huntington Beach Police Department looked at the Part Crime Statistics for Sunset Beach. While they found it was difficult to obtain exact numbers for this area, crime data was obtained from the Sheriff's Records Management System for 2007 and 2008. As shown in "Table VI — Sunset Beach Part I Crime Statistics—2007 & 2008,"there were 39 Part I, or major, crimes in 2007 and 44 in 2008. In addition, there were 59 traffic colli- sions in 2007 and 53 in 2008. —Page 98 Item 13. ® Page 382 -524- Table VI Sunset Beach Park I Crime Statistics —2007&2008 Homicides 0 0 Rape 0 1 Robbery 4 V 2 Felony Assault 5 5 Burglary 13 15 Larceny 12 15 Motor Vehicle Theft 5 6 Total Part i Crimes 39 44 After reviewing this data, police staff concluded, "it appears the Police Department could provide law enforcement services to Sunset Beach while maintaining current staffing levels." As a result, no additional expenditures are added to this Department's budget in evaluating the fiscal impact of the potential Sunset Beach annexation. Animal Control Using a two year average for 2007 and 2008, there appears to be 309 annual calls for service. This average may be inflated since there were a reported 37 calls for service in 2007, but 545 in 2008. Since Orange County Animal Care charges approximately $100 per call, using the 309 figure, there would be added cost to the City for this annexation in the estimated amount of $31,000. While this figure may be inflated, it is used in this analysis due to the lack any other available data. City Clerk Sunset Beach has two precincts with 797 registered voters. In November 2008, these two pre- cincts were consolidated into one polling place with five election workers. It is generously esti- mated that the City Clerk's Office would experience additional election costs in the amount of $2,500 every two years. Averaging this expense on an annual basis it is estimated that there would be additional expense in this office of$1,250. Community Services Beach Maintenance To maintain the same level of service in maintaining 48-acres of beach as currently being pro- vided would cost an estimated $61,880. This includes, according to the Community Services Department: "...periodic hand picking of litter, contractually provided trash removal daily, graffiti re- moval, ice plant trimming, the raking and sanitizing of the sand four times per month, and the construction and removal of street end sand berms as needed seasonally." - ----- Fags 19 -525- Item 13. - Page 383 However, there will be an estimated additional expense for supervision and travel time. This is because this stretch of beach is not contiguous with other City beaches, and because there will be a need to operate a day-time beach cleaning crew since Sunset Beach is adjacent to a resi- dential area. Currently, the City does not provide day-time crews. It is estimated that $80,000 will be needed in the beach maintenance budget to cover the extra expense of supervision and travel time to this beach.This will mean an estimated beach maintenance budget of$141,880. Another issue with an undetermined cost is where to store maintenance equipment and the need to obtain an additional tractor and rake. Currently, the County's equipment is used at sev- eral locations. Their equipment is either is stored at the Talbert Nature Preserve or the Upper Newport Beach Nature Preserve. The exception is a large sand sifter, or sanitizer, which is de- voted exclusively to Sunset Beach and is stored at Sunset Marina. If Huntington Beach could obtain the sanitizer from the County, it would need to determine if it could continue to be stored at the Marina. There could be a rental expense associated with this storage. Also, there likely would be the cost of purchasing a tractor. In addition; Sunset Beach through the County participates with other beach cities in a Sand Replenishment Program. There are 12 stages of the program, each stage four or five years apart, with payment based on the linear feet of coast line. In 2001 the County's share for this section of the beach was $46,356, and in 2008 it was $5,600. There is no explanation for this difference in amounts. Staff speculates that there may be an error in how the data was distri- buted among the agencies. In comparing the dollars charged Huntington Beach in 2001 and 2008, and given its much longer shoreline, it would appear that the $5,600 is probably the more accurate cost for this work along Sunset Beach. Therefore, it is estimated the next stage of this Federal Erosion Control program would cost the City about $6,000, possibly as soon as 2013. In order to annualize the cost of this work in order to assess the impact of this potential annexa- tion, it is recommended that $1,250 be included in the expenditure estimates ($6,000/5). Marine Safety Staff indicates that the County currently contracts for Marine Safety Services (Lifeguard) in the amount of $333,000. They recommend that, if this annexation occurs, this contract be main- tained. Also, the City would need to negotiate the retention of the lifeguard towers and equip- ment that currently serve beach activities. The estimated cost of assuming marine safety for Sunset Beach is $333,000. A question was raised regarding the City being responsible for ultimately replacing the lifeguard towers which serve Sunset Beach. However, these lifeguard towers are owned by US Ocean Safety which provides marine safety to the beach. If the contract for this service is maintained as proposed by staff, then lifeguard tower replacement should not be an issue for the City. As a result, this report does not project any expense for lifeguard tower replacement in the immediate future. It should be noted that there are no special events planned for this section of beach. Therefore, no funds are projected to be added for this purpose. FireMed This voluntary program allows members to receive paramedic and ambulance services without out-of-pocket expense. By applying the City's percentage participation in the program to Sunset Beach, it is estimated that people from 405 residences would belong (1,227 x 33%). With a -----T----Page 20 Item 13. m Page 384 -526- - a ♦ a a a yearly expense to the City of$51.26 per household, it is estimated that this program would cost $20,760 (405 x$51.26)to administer. Public Works Park Maintenance There is a 13-acre linear park or greenbelt maintained by a combination of contractual services and County staff. The janitorial contract costs $21,000, the landscape contract totals $76,000, and it is projected that City staff can complete the work performed by County personnel at a cost of $38,000. This would mean an annual additional cost to this Department for park main- tenance service of an estimated $135,000 if this annexation occurred. Projected Actual Operating Expense Summary In reviewing the projected actual operating expense that would be incurred by Huntington Beach - if they annexed the Sunset Beach community, it is estimated that this additional cost would be $664,140. This estimate is summarized in Table VII, entitled, "Annual Actual Operating Expense Projection Summary, Sunset Beach, 2009—10." Table VII Annual Actual Operating Expense Project Summary Sunset Beach, 2009— 10 s- s Animal Control $31,000 City Clerk i 1,250 Community Services Beach Maintenance $141,880 Sand Replenishment 1,250 Marine Safety i 333,000 _ —.---------__- -- --� 476,130 FireMed 20,760 Public Works—Park Maintenance 135,000 _- .-........................._._._-_._.__.__.__..__._._. Total Estimated Operating Expense $664,140 Based on this analysis, comparing the estimated General Fund revenue projections to the esti- mated "actual" expenditures, the City would obtain an annual revenue surplus of $131,370 ($795,510 - $664,140) if Sunset Beach were annexed by Huntington Beach. This surplus would grow to $571,225 ($1,235,365 - $664,140) in comparing both General Fund and Other Munici- pal Revenues to the total estimated "actual' operating expense. One Time Capital/Other Expenses These projected revenue surpluses for the potential annexation of the Sunset Beach community may be needed since there are several one-time capital expenses on the horizon for Sunset Page 21 -527- Item 13. - Page 385 Beach. In terms of bridge maintenance, the Broadway Bridge would be part of the annexation. Public Works has reviewed a Caltrans bridge report indicating that the cost for bridge repair is an estimated $800,000. If grant funding from the Bridge Preventative Maintenance Program can be obtained, and the annexation occurred, the City's one-time matching funds would be an es- timated $96,000. The source of these funds would either be from City gas tax funds or Measure M. The Orange County Parks Department has allocated $150,000 in 2009-10 to initiate planning for Sunset Harbor dredging. Since this annexation would not likely be completed this fiscal year, even if initiated by the City, the Department will proceed with the initial planning for this project. The overall dredging work includes areas outside of Sunset Beach and will be paid for under a cost sharing arrangement with all impacted agencies including the City of Huntington Beach. The City, by the way, would be a participant in this project with or without the annexation. Hun- tington Beach would have a larger financial responsibility for their share of the project, however, if the annexation occurred. The-total estimated cost of this shared-cost dredging work is $1,500,000. The City's share of this cost, with or without the annexation, is not known at this time. While there is the prospect of the City inheriting the County Parks beach sanitizing machine, it is expected that the City would need to purchase two pieces of equipment for beach maintenance. One is a tractor($148,000) and the other is rake ($32,000). This will be a one-time expense with this equipment being folded into the City's equipment replacement program. According to the Public Works Department, there are two undergrounding projects proposed in the Sunset Beach area. One is a Rule 20A project initiated by Southern California Edison for which funding is available and permits are being issued. Staff indicates that this project will be- gin and subsequently completed regardless of any annexation issues. The other project is homeowner initiated and may or may not proceed depending upon whether the proper percentage of property owner signatures representing property owners is obtained. If this project proceeds, the County has agreed to provide an assessment engineer and provide support for any coordination issues. This commitment would probably become the responsibility of the City should annexation be successful. The estimated cost of this commitment could not be determined. Other one-time costs would be the preparation of planning and related studies which may be necessary to complete this annexation. There will be a need for a Zoning Map Amendment, General Plan Amendment and Local Coastal Plan Amendment to include the Sunset Beach area into the City's Zoning Map, General Plan and Local Coastal Plan. In addition there will eventually be a need for a Zoning Text Amendment to formally adopt the existing 1990 Sunset Beach Specific Plan. The Coastal Commission staff may also request an update of this Specific Plan because it is almost twenty years old. Finally, there will be a need for an environmental as- sessment for this annexation. If they are conducted by a consultant, rather than "in-house", staff estimates that there will be a one-time expense of approximately$96,894. The estimated costs of these planning studies are contained in Table VIII entitled, "Potential One-Time Planning Costs."To the extent there is a need for community meetings as part of this process, this estimate could be higher. gage 22 Item 13. m Page 386 -528- Table 1f111 Potential One-Time Planning Costs General Plan Amendment $37,299 Feasibility Study(RAA) _ 14,950 LCP Amendment 11,212 Zoning Map Amendment 9,733 Environmental Assessment 8,522 Zoning Text Amendment _ 15,178 Total $96,894 Note: These estimated costs assume use of a consultant rather than staff. Restricted Road Fund Expenditures As mentioned earlier, between gas tax funds and Measure M revenues, the City of Huntington Beach would receive $176,555 which is restricted for street maintenance and other transporta- tion improvements. This will be the funding source for maintaining 3.98 centerline road miles and 102 street lights. It is expected that the streetlights will likely be funded by the County, even the ones on Pacific Coast Highway. Regarding the five traffic signals, four of the traffic signals would require the City to pay 25% of the annual maintenance cost and the remaining traffic sig- nal would require a 50/50 split with Caltrans. Using the countywide per capita projections to Sunset Beach population, it is estimated that the County spends$118,501 on general right-of-way and street light maintenance for this communi- ty. It is assumed that City street maintenance expense will be similar to that spent by the County with the exception of a small additional expense for street sweeping which is performed twice a month throughout the City. With 3.98 centerline miles (7.96 curb miles) the additional cost for this service is estimated at $5,020 (7.96 x $26.28 x 24). This will increase street maintenance expense to $123,521. This means that there would be an approximate surplus restricted road revenue of $53,034 ($176,555 - $123,521) which can be used for other street maintenance functions that might be provided to this area, for one time capital road and bridge expenses for this area, or for other street maintenance costs throughout the City. Summary of Fiscal Impact It would appear that the annexation of the Sunset Beach community into Huntington Beach would have a generally beneficial financial impact on the City in terms of day-today operations. Except for a projected deficit in comparing only General Fund revenue to the estimated operat- ing expenditures based upon per capita projections, all other comparisons demonstrate an es- timated surplus of revenues over expenses. This may be necessary since there are unknown capital and one-time study expense that may associated with this potential annexation. A summary of this information from the tables presented earlier in this section is summarized in Table IX, entitled, "Summary of Annual Revenues/Expenditures, Sunset Beach Annexation, 2009— 10." Page 23 -s29® Item 13. - Page 387 Table IX Summary of Annual Revenues/Expenditures ' General Fund Rev. minus Per Capita Exp. $795,510 $1,092,871 ($297,361) 664,140 General Fund Rev minus Actual Expense 795,510 131,370 1 Gen.Fd., +Other Rev., +Road Rev minus Per Capita Exp and Street Maint. Exp. Gen.Fd., +Other Rev. + Road Rev.minus Ac- tual Expense and Street Main. Exp. Future Financial Impacts Normally in this type of report. revenue and expenditure projections over a five, seven or ten year period would be provided. This would assist the policy-makers in determining the mid-term fiscal impact of the potential Sunset Beach annexation. In the annexation study for the 8u|au Chica Lnw|ando, for oxemnp|e, an annual inflation rate for franchise and utility user fees of 3.1 percent was used. It was also assumed that the assessed value upon which the property tax is based would increase the minimum of two percent per year. Given the current and near term economic o|inmata, it would be difficult to apply these standard inflationary tou1nro to this study. When reviewing the Property Transfer Tao revanua, for inshanoe, the projected income from that source declined several hundred thousand dollars from one year to the next. As a result, this report presents to the City a "snapshot" of the Sunset Beach fiscal irnpacd, not mid-or long-term forecast. N�� �^� U� ^����� m�=�Q�� m =w= ~ Page ����m� -530- Public Service an Infrastructure I To further meet the requirements of General Plan objective LU 3.1, this section addresses the potential public service and infrastructure impacts the annexation of Sunset Beach may have on the City of Huntington Beach. First will be a discussion of the public service implications of this potential annexation followed by its infrastructure impacts. Public Service Impacts As implied in much of the fiscal analysis, the impact of this potential annexation on the City's ability to provide public services to Sunset Beach as well as the City as a whole appears very limited. In terms of major direct service departments, and administrative management and sup- port offices, the proposed annexation should have little impact on the ability of these depart- ments and offices to provide adequate service to this small community while maintaining exist- ing service levels to the remainder of the City. These impacts are discussed in the following pa- ragraphs. Administration, City Attorney, City Treasurer, City Clerk, Economic Devel- opment, Finance, Human Resources, Information Services While there may be a slight increase in workload for each of these offices due to this potential annexation, these increases should be able to be absorbed in each office and not cause a need for any staff or budget increases. The only minor exception is the City Clerk's office where an additional polling place will be required every other year at an estimated average annual cost of $1,250 annually. Building & Safety and Planning The ongoing operating expense for Building & Safety and Planning should be minimal, with any increases in workload covered by the fees charged by these departments. For example, it is ex- pected that building permit applications for building modifications from the 685 dwelling units, businesses and other structures in this built-out community would pay for staff time spent re- viewing and inspecting these applications. Many of the Code Enforcement violations were prop- erty maintenance issues based on a windshield survey conducted by staff in July. Staff felt that the"potential impact on current code enforcement operations is believed to be minor." Planning and zoning permits also should require a minor amount of staff time, with that time covered by processing fees. There will be, however, one-time expenses involved in bringing Sunset Beach into the City in terms of studies required to update the City's General Plan, Local Coastal Program, amend the City's Zoning Map for the existing County Specific Plan, conduct an environmental assessment of the annexation, and prepare a Zoning Text Amendment. Based on staff input, the cost of these one-time studies and projects, if prepared by a consultant and not staff, is estimated at$96,894. Page 25 -531- Item 13. - Page 389 Community Services More of an impact on the provision of services will be on the Community Services Department. Among City Departments, it will experience the largest cost increase. This Department will be responsible for maintaining and providing marine services to 48 acres of beach. City staff sug- gests that the $333,000 contract for marine safety service be continued as well as the contract for the junior lifeguard program which County Parks plans to continue for another two years be- fore any annexation process can be completed. It is estimated that each maintenance will re- quire daytime operations and will cost an estimated $141,880. Staff assumes that the Orange County Sheriffs Harbor Patrol would remain in place in Hunting- ton Harbour, and that County Parks would retain control and oversight of the Sunset Aquatic Park. It is pointed out by staff that Sunset Beach participates with Huntington Beach and other beach cities in a sand replenishment program. There are 12 stages of the program, four or five years apart, with the County paying the Sunset Beach share. If annexation occurs, the-City would as- sume this cost, which is estimated at $1,250 annually as presented in the fiscal section of this report. Library Currently, Sunset Beach is served by the County Library System the revenue for which ($52,029) would transfer to the City upon annexation of this community. It is doubtful that the li- brary habits of Sunset Beach residents would change upon annexation. Their library use pat- terns would probably remain the same, such as using the County system, the City's libraries or other public libraries in the region. Thus, the service level impact on the City Library should be minimal. Public Safety Neither the Police nor Fire Departments expect that an increase in staffing will be required as a result of this potential annexation. It appears that the number of additional Part I Crimes which would be added to the Police Department's workload are minor compared to its overall work- load. The Department's patrol beats can be adjusted to patrol this area. The Department will, however, need to conduct traffic accident investigations along Pacific Coast Highway, a function currently being performed by the California Highway Patrol. There will be some additional animal care and control activity generated by this annexation. Since this service is already provided under contract with the County, there will not be any addi- tional workload on City staff, only an additional expense. The Fire Department already serves this area, either through automatic aid for fire and non- medical emergency calls, or under contract with the Orange County Fire Authority for medical emergency response (paramedics). This service is provided primarily from the Warner Avenue Fire Station, which is within 800 feet of the boundary with Sunset Beach. All of Sunset Beach is within the desired 1 '/2 mile response radius of that station. Page 26 Item 13. ® Page 390 -532- Public Works There will be some impacts on services provided by the Public Works Department.A 13-acre li- near park will become the responsibility of the Department. The maintenance of this park would be addressed by retaining existing contracts for landscape and janitorial maintenance, plus ad- ditional staff cost of$38,000 annually.Apparently, County Parks has just completed the rehabili- tation of five public restrooms in the park. As an aside, this community will exceed the City's General Plan's parks standard of five acres per 1,000 population. Sunset Beach has 10.6 parks acres per 1,000 population (13 acres/1,227). There is 3.98 centerline road miles for which the Department would assume maintenance re- sponsibility along with 102 street lights. The cost of maintaining the five traffic signals along Pa- cific Coast Highway will be shared between Caltrans and the City on either a 75/25% or a 50/50% split. The additional annual maintenance expense should be covered by the additional gas tax and Measure M funds which will be received by the City. There are other responsibilities which would be absorbed by the Department that will be dis- cussed in the following infrastructure section. These responsibilities involve a multi-agency dredging project initiated by the County Parks Department which involves Sunset Beach and surrounding areas including the City of Huntington Beach. Other infrastructure projections in- clude repair of the Broadway Bridge, a Rule 20A undergrounding of utilities project, and a prop- erty owner initiated undergrounding project requiring an assessment engineer. This latter project likely will require the City to assume a commitment made by the County to pay for the engi- neer's expense.The amount of this one-time cost is unknown. Water[Wastewater The City already provides water service to Sunset Beach, and currently applies a ten percent surcharge to the users in this community. If the area is annexed, then the water surcharge would evaporate. This would amount to a reduction in revenue to the Water Department of $23,151. At the July tAFCO meeting, the Commission decided that the Sunset Beach Sanitary District would continue to have its own Sphere of Influence, and would not be included in the City's Sphere. As a result direct wastewater service would still be provided by the District and not be- come an obligation of the City. Summary Except for one-time studies by Planning, additional marine services provided by the Community Services Department and maintenance services provided by that Department and Public Works, it would appear that there would be very little impact on services provided by the City's other departments and offices. In fact, this conclusion points to the efficiency that would be created by this potential annexation. Service can be extended to this small community without adding staff to major service components of the City, particularly Police and Fire. This result is aided by the fact that Sunset Beach is immediately adjacent to Huntington Beach and can easily be served by the City's two public safety departments. --- Page 27 -533- Item 13. - Page 391 wm i Infrastructure Impacts This section describes the impacts on infrastructure of the City, or infrastructure that the City Would assume if Huntington Beach annexed Sunset Beach. Generally, there do not appear to be any immediate major infrastructure problems or issues. However, there are certain potential future unknown costs in replacing or repairing these facilities. These infrastructure facilities are discussed below. Broadway Bridge Caltrans prepared a report, reviewed by Public Works, indicating that it would cost $800,000 to repair the Broadway Bridge in Sunset Beach. It is intended that the bulk of this repair cost would be through a grant from the State Bridge Preventative Maintenance Program (BPMP) with a re- quired local government match of $96,000. If the annexation occurred, this match would shift from the County to the City. The source of funds for the City's match would either be from Gas Tax or Measure M funds. Drainage The Orange County Parks Department has budgeted $150,000 in 2009-10 to plan a dredging project for the Sunset Harbor. The dredging work includes not only the Sunset Beach area but adjoining areas as well. County Parks is taking the lead in this project that is initially estimated to cost $1,500,000. It will be funded through a cost-sharing arrangement among the affected ju- risdictions. There will be an expense on the part of the City either with or without this annexa- tion. The amount of the City's share, however, could not be determined because the project is only approaching the initial planning stages. Fire Station Located in Sunset Beach, Orange County Fire Station #3 is a volunteer station owned by the Orange County Fire Authority. Staffed by Reserve Fire Fighters, Engine#3 received 51 calls in 2008, but only responded with qualified reserves twice during that year. At one point OCFA al- most closed the station. It has been suggested by the Community Association that the Fire Station be used either as a police substation or for lifeguards. However, since the station is owned by OCFA, discussions with that agency as well as an assessment of its potential best use would be necessary to gauge its future potential. Park Facilities The 13-acre linear park has one tot-lot and five restrooms. The tot-lot appears to be in suitable repair and the restrooms have just been restored by the County Parks Department. Streets and Roads There are 3.98 centerline miles of roads in Sunset Beach. Most of the traffic is on PCH which is the maintenance responsibility of Caltrans. The remainder of the Sunset Beach road system is Page 28 Item 13. - Page 392 -534- nufff l=e o o • o residential, and appears to be in satisfactory condition. It does not appear that the City would be inheriting any major street reconstruction projects if this annexation occurred. Underground Utilities A Rule 20A underground utility project along PCH is being pursued by Southern California Edi- son. This project is funded and permits are being issued. City staff expects that this project will begin and will be finished regardless of any annexation issues. There is also a property owner initiated undergrounding project along Park Avenue and Bayview which is in the process of collecting signatures so that the preliminary design phase can begin. As mentioned previously, the County made a commitment to provide an assessment engineer and staff support for the coordination of this project. The City would undoubtedly assume this responsibility if the annexation occurs. Water There is no known infrastructure issues related to the continued provision of water to this com- munity, or to the surrounding areas of the City if annexation were to occur. Wastewater Wastewater service will continue to be provided by Sunset Beach Sanitary District. Summary It appears that the annexation of Sunset Beach would have little impact on the City's basic in- frastructure such as water, wastewater, and streets. In many respects the City already provides services to the area(water,fire, library). Other Issues With the advent of the LAFCO Sphere of Influence study and LAFCO's subsequent action plac- ing the community into Huntington Beach's Sphere, the Sunset Beach Community Association developed a 13 point program, initially for discussion with the City of Seal Beach for the possible annexation by that City. These 13 points have now become talking points with the City of Hun- tington Beach. This does not mean that the Association supports this annexation. To the con- trary, the Association seems to prefer retaining its unincorporated status, or incorporating as a city, rather than annexing to Huntington Beach. In any event, the Association has retained a law firm to make sure they "would be treated fairly" according to a letter sent to those living in Sun- set Beach, dated November 1, 2009. The Association also has raised money to study the fiscal impact of incorporation. Nonetheless, if annexation took place, the Association would likely ask the City to support their "list of 13 key transfer items" which is viewed as a way to help Sunset Beach continue as a semi-independent beach community.A summary of these 13 key items include: 1. Maintain Sunset Beach's separate identity, including signage; Page 29 -535- (tern 13. - Page 393 • • e s o 2. Recognize the Sunset Beach Community Association as liaison with the City Coun- cil; 3. (a) Keep the Sunset Beach LCP with revisions to reflect the change from the County to the City, and (b) Submit new pertinent plans and information to the Sunset Beach local advisory board for review and comment; 4. Keep parking permits at the same price; 5. (a) Continue all encroachment programs for beach and waterways permitted by the LCP and (b) Transfer current files, permits and computer records from the County to the City; 6. Support use of the Fire Station by local police; 7. Maintain the Sunset Beach Sanitary District as an independent district; 8. Support the current Sunset Beach postal delivery system; 9. Have the City take over ownership and maintenance of the beach and greenbelt from the County; 10. Create a business license fee plan that would serve to limit the opening of future un- desirable businesses such as medical marijuana dispensaries, tattoo parlors, etc. 11. Confirm the County contract details for the contract Junior Lifeguard Program (in- cluding class size limits); 12. Gain assurance that the Rule 20A undergrounding project will be continued and completed in a timely manner; and 13. Obtain funds from the County to repave the numbered streets between North and South Pacific, and to finish the five restrooms in the greenbelt. These items were discussed with the Mayor and City Manager at the September Association meeting. Obviously, there are some of these issues like another public use of the OCFA fire sta- tion that would require additional homework to determine the possible best use of this facility. The perspective of the OCFA regarding this property would need to be obtained. Whether or not a business license fee would limit "undesirable"firms desiring to open in Sunset Beach may be more appropriately a land use issue than a business license fee issue. Some of the items on the list have already been completed such as the park restroom renova- tion and what appears to be the funding and permitting of the Rule 20A underground utility project along PCH. The Sunset Beach Sanitary District will remain as an independent district based on last summer's LAFCO action. Nevertheless, unofficial discussions with the Association by the Mayor and executive staff have indicated an interest in recognizing the Association as a liaison with the City Council. Also, there was a willingness expressed to create a MOU with the Association to memorialize their 13 points or issues. There may be a concern by the Association about losing community identity by becoming part of the City.. However, if this identity can be retained through an MOU, there are many benefits Page 30 Item 13. ® Page 394 -536- Huntington Beach can bring to the community. These include well established municipal servic- es, such as police, fire, public works, and community services, with the government offices pro- viding service located nearby. The City may be able to provide what would be perceived by the community as a more desirable regulatory environment when it comes to controlling undesirable uses. There would be some cost savings to the community as well since the ten percent water surcharge would be eliminated if Sunset Beach annexed to the City. -in any event, the Association in their November 1st letter expressed the hope that the City would "wait until we complete our citizen-funded incorporation feasibility study before taking an annexation vote." Actually, if the Association is able to promptly engage a firm to examine the numbers in this report and in the LAFCO SOI financial analysis, they should be able to assess the prospects of incorporation in roughly the same time frame as the City's consideration of an- nexing Sunset Beach. - ------------Page 31 -537- Item 13. ® Page 395 BEER Annexation Process The third feature of this report is to outline the procedures related to the possible annexation of Sunset Beach to Huntington Beach. Annexations, detachments, consolidations and other forms of governmental reorganization are overseen by the Local Agency Formation Commission (LAFCO) of each county. Established in 1963, LAFCOs have the authority to approve annexa- tions per Sections 560000 et. seq. of the California Government Code. As mentioned at the beginning of this report, state law, Orange County and the local LAFCO encourage the elimination of unincorporated "islands" due to the inefficiency and cost of large counties providing municipal services to these small areas. Additionally, pursuant to Govern- ment Code Section 56425, LAFCO is required, as a planning tool to-identify logical municipal service providers for areas throughout the County and to establish Spheres of Influence for all cities and special districts. As part of this mandate, the LAFCO Commission recently included the Sunset Beach community into Huntington Beach's Sphere of Influence (SOI). Because of the size of the Sunset Beach community (under 150 acres), the area-may be annexed into the City of Huntington Beach under the streamlined process provided for small island annexations. Further, because Sunset Beach is within the Huntington Beach SOI, it may only be annexed to the City of Huntington Beach, not to any other city. Alternative options for the area include in- corporation or remaining incorporated, although the feasibility of these options would need to be explored further. Since Sunset Beach is an unincorporated "island" (less than 150 acres), its annexation can oc- cur under the provisions of Government Code Section 56375.3. This means that LAFCO shall approve the annexation if initiated by the City without resident protest. Within this context, this section outlines the steps required for this annexation to occur, along with possible land use planning actions that the City may want to pursue. Steps Toward Annexation If the City of Huntington Beach determines that it would be advantageous to annex Sunset Beach, the steps summarized in the following paragraphs would need to be followed. 1. The City of Huntington Beach would submit an application to the Orange County LAFCO which should contain the following information and related materials: ® LAFCO processing fees (may be waived for island annexations); • Justification of Proposal Questionnaire; ® A Plan for Services; • CEQA documents(this may involve a Negative Declaration or less); 151 Page 32 Item 13. ® Page 396 -538- a f t f Y f • Resolutions by the affected agencies agreeing to a transfer/split of the ad valorem property tax revenues generated in the subject territory'; • Prezoning3; and • Indemnification agreement signed by the applicant. 2. Within 30 days of the application LAFCO sends a status letter notifying the City that the application is either complete or incomplete. 3. Approximately 30 days after the submission of the application: • LAFCO notices the County Assessor of the proposal; • The Assessor determines which Tax Rate Areas (TRA) are involved and calculates the total assessed valuation (AV)of the affected territory; • The Assessor issues a report of the TRAs and AV to the County Auditor; • The Auditor determines the total property tax revenues for the area proposed for annexation and issues a report to the City and the County of the total revenues involved 4; and • The City and County are notified that they have 60 days to reach an agreement on the transfer of property tax revenue from the County to the City, although the Master Property Tax Agreement can be used for this purpose. 4. Upon determination by the LAFCO Executive Officer that the application is complete, the Executive Officer issues a Certificate of Filing and sets a hearing date for the proposal. 5. LAFCO notices and holds a public hearing on the proposed annexation and its Commission takes one of the following actions: • Approves the application subject to terms and conditions; or 2 This is already addressed in the Master Property Tax Agreement between the City and the County, al- though both agencies could negotiate a different property tax exchange for this area if this were their in- tent. 3 A resolution is required that specifies the planned land use for this area prior to a hearing on this annex- ation by the LAFCO Commission. While the existing zoning and Specific Plan could be used for this re- quirement, the City would need to first modify its Zoning Map as part of this Prezoning requirement. 4 These revenues have already been estimated as part of the LAFCO Sphere of Influence report and are used in this fiscal analysis.The Auditor-Controller, however, will still complete the precise and official final amount as part of the formal annexation process. --- Page 33 -539- Item 13. - Page 397 ® Approves the application with modifications and subject to terms and conditions5. 6. Within 35 days of the hearing, LAFCO adopts a resolution making determinations and approving the application and sends a copy of the resolution to the applicant. 7. Normally, at this point, if the application is approved, LAFCO sets a protest hearing for the annexation. However, for small island annexations state law requires that the LAFCO Commission approve the annexation and waive the protest proceedings. 8. If the annexation is ordered. LAFCO sends a Certificate of Completion to the County Recorder's Office,following a 30-day reconsideration period, and upon satisfaction of all terms and conditions in the resolution ordering the annexation. 9. Upon recordation, LAFCO sends documents and fees, which are paid by the appli- cant, to the State Board of Equalization for the purpose of alternating their TRAs to reflect the change of organization. One requirement of the initial LAFCO application is to "prezone"the area prior to consideration of the annexation application by the LAFCO Commission. Probably the most expeditious me- thod to accomplish a prezoning is to use the existing County zoning. Possibly useful to this process is an already adopted County Specific Plan for Sunset Beach. Still, the City Zoning Map would need to be revised to be extended to the Sunset Beach community as part of the prezon- ing process before this possible annexation could be considered by the LAFCO Commission. It should be noted that state law requires that zoning designated during the prezoning process remain in place for two years. The area also has a Local Coastal Plan (LCP), albeit one that was adopted some years ago. While the annexation is proceeding and subsequently after the annexation is accomplished, var- ious studies can be completed to accomplish, if needed, a more conforming zoning pattern for the area. From the City's perspective, the only requirement for this annexation prior to any action by the City Council is an annexation feasibility study required by the City's General Plan, including a fiscal and operational analysis. This requirement of the General Plan is met by this study and report. Although not required prior to annexation, there are other planning entitlements that should be considered. These include: 1. General Plan Amendment to establish land use. 2. A Local Coastal Program Amendment which was adopted in 1990. The City would need to amend its LCP to include this new area which will then become the City's zoning for Sunset Beach. Also a Zoning Text Amendment to formally adopt the Spe- cific Plan would be required. 5 The LAFCO Commission does not have the discretion to deny an application for an island annexation initiated by the City. Page 34 Item 13. ® Page 398 -540- r r r r • Coastal staff informed the City that, other than normal coastal resource issues, "one recurring issue (in Sunset Beach) ...has been ...requests from property owners to convert visitor serving commercial sites to residential," according to City staff notes. Apparently neither Coastal nor County staff have supported these requests. One of the concerns of the Sunset Beach Community Association is what they view as undesir- able land uses such as medical marijuana dispensaries,tattoo parlors, etc.While their concerns have been expressed in the context of desiring regulation through the business license tax, such uses can be controlled through land use regulations. Addressing these and other land use issues, plus the apparent desire of the Association to otherwise maintain their LCP and Specific Plans is an important dialogue that should occur with residents of the Sunset Beach community. This would suggest conducting community meetings, possibly with a facilitator, in reviewing the community's plans and planning for the future of the City if the annexation is pursued. Page 35 -541- item 13. - Page 399 ATTACHMENT # 11 Item 13. - Page 400 -542- Broeren, Mag Beth From: Tom Burke[tburke@burke-ent.com] ent: Friday, September 03, 2010 4:18 PM o: Broeren, Mary Beth Cc: Mike VanVoorhis-VP SBCA Subject: Public Comment-Planning Commission-Sunset Beach Annexation Project Attachments: transition committee requests rev. 3 09022010.doc Dear Ms Broeren, Find attached document with 20 line requests to the City of Huntington Beach Planning Commission (HBPC). These request were compiled by the Sunset Beach Transition Committee on the behalf of the Sunset Beach Community Assoc. (SBCA). The information was acquired from two public meetings 8/23 &8/28 with the_average attendance of 40+. This document was further reviewed and accepted on 9/2 by the SBCA with 50+ in attendance. Please consider this formal "Public Comment" to HBPC for Sunset Beach Annexation. - Respectfully submitted, Tom Burke SBCA Transition Comm. i -543- Item 13. m Page 401 S u ri E T 8 g C C0M:M [tryfTY ASSOCtA� I�" September 2, 2010 The Sunset Beach Community Assoc. (SBCA) Transition Committee formally requests to the Sunset Beach Area Council Committee (SBACC), The City of Huntington Beach, County of Orange, and LAFCO the following: Items to be part of the annexation agreement 1) Maintain Sunset Beach's identity, including signage, mapping and public documents. 2) Maintain all current street names and addresses in Sunset Beach. 3) Huntington Beach forms a three City Council member committee (SBACC) to meet regularly with the Sunset Beach community. 4) Keep the Sunset Beach Sanitary District as an independent special district. 5) Accept the Sunset Beach Local Coastal Program Specific Plan (September, 1990). a) Maintain Sunset Beach LCP Advisory Board and by-laws. 6) Maintain the greenbelt as a community park, with the present configuration and facilities, including parking spaces. 7) Continue all existing Orange County encroachment programs for beach and waterways. 8) Keep the Pacific Coast Hwy., Edison Rule 20A Underground Utilities project under County jurisdiction. Orange County agrees to fund, and implement the engineering study for the Bayview/Park Avenue Underground Utilities Plan. 9) County to complete repaving project of streets and alleys. - 1 - IPa g e (tern 13. ® Page 402 -544- Items to be adopted by the Huntington Beach City Council 10) Accept existing legal nonconforming structures. 11) No junior lifeguard, surf camp, or similar beach programs in Sunset Beach. 12) In the event that Huntington Beach acquires Fire Station #3, it will be used for Sunset Beach community purposes only. 13) Keep current County of Orange parking permit policy for Sunset Beach. - 14) Add to Sunset Beach Specific Plan prohibited uses: marijuana dispensary related businesses, methadone related businesses, and drug and alcohol rehabilitation related businesses. 15) Exempt all licensing/permit fees for Sunset Beach non-profit groups for community events run by SBCA, Las Damas and Woman's Club. 16) The committee would like discussions with SBACC regarding short term rentals and a potential permitting process. 17) The committee would like discussions with SBACC regarding proceeds from Sunset Beach flowing back into the Sunset Beach community. 18) Public Works; a) Repair Broadway Bridge. b) Fix drainage and flooding problems including Park/PCH, Bayview Drive (west), 14th & 15th Streets, but not limited to. 19) Pursue enhancing PCH through Sunset Beach with planted medians. 20) Incorporate the Sunset Beach existing beach and parking hours of use. 6:00 AM to 10:00 pm, 7 days a week. Respectfully submitted, SBCA Transition Committee & approved by Sunset Beach Community Association 09/02/2010 2 g -545- (tern 13. - Page 403 ATTACHMENT # 112 Item 13. - Page 404 -546- J� aty ofAoting j�t a Hn .an€, iaiii6g-epaft °eat O HUMINGTON BEACH ' TO: Planning Commission FROM: Scott Hess, AICP, Director of Planning of Building BY: Mary Beth Broeren, Planning Manager( DATE: September 28, 2010 SUBJECT: GENERAL PLAN AMENDMENT NO. 10-002/ZONING TEXT AMENDMENT NO. 10-002/ZONING MAP AMENDMENT NO. 10-001/LOCAL COASTAL PROGRAM AMENDMENT NO. 10-001/ANNEXATION NO. 10-001/DRAFT NEGATIVE DECLARATION NO. 10-005 (Sunset Beach Specific Plan and Annexation) APPLICANT: City of Huntington Beach, 2000 Main St.,Huntington Beach, CA 92648 PROPERTY OWNER: Various; there are 497 parcels in Sunset Beach and 441 property owners based on available information from the County of Orange. LOCATION: Unincorporated Sunset Beach, located between Warner Avenue and Anderson Street on either side of Pacific Coast Highway, including the beach area STATEMENT OF ISSUE: ® Annexation No. 10-001 represents a request for the following: - Annex the approximately 134 acre unincorporated Sunset Beach community to the City of Huntington Beach. General Plan Amendment No. 10-001 represents a request for the following: - Amend the General Plan Land Use Map (Figure LU-5)to establish General Plan land use designations for the Sunset Beach area as follows - approximately 22.3 acres for Residential High Density-30, 9.2 acres for Visitor Serving Commercial-Mixed Use Overlay, 13.0 acres for Public, 3.4 acres for Open Space-Water Recreation and 57.7 acres for Open Space-Shoreline. The remainder of the area is right-of-way. The entire area would also have a Specific Plan Overlay. - Designate the Sunset Beach area as Subarea 41,on the Community District and Subarea Schedule (Figure LU-6 and Table LU-4) - Amend Table LU-3 to add a reference to "specific plans"for the Mixed Use Overlay - Update figures to reflect the change in the City's boundary - Make minor wording changes to the Utility Element - Update the Recreation and Community Services Element to reflect updated recreational amenity information. -547- Item 13. - Page 405 C MENNEN '�,��,,:;�� ram..; ,���,,rya'. ,��,�� � �.,.t��'"�74$�'g:.a'�..3r a �.� "■■■■ MEN Cv lA¢ 6 SS Y i I d Y a 11 s a ® Zoning Text Amendment No. 10-002 represents a request for the following: Adopt the Sunset Beach Specific Plan (Specific Plan 17) that will provide development standards for the Specific Plan area. ® Zoning Map Amendment No. 10-001 represents a request for the following: Amend the City of Huntington_Beach Zoning Map to pre-zone the Sunset Beach area with the Sunset Beach Specific Plan with a Coastal Zone Overlay(SP 17-CZ). ® Local Coastal Program Amendment No. 10-001 represents a request for the following: Amend the certified Land Use Plan (Figure C-5) to establish City Land Use Designations for the Sunset Beach area consistent with the General Plan Land Use Designations described above, including designating it as Subarea 4L on the Community District and Subarea Schedule (Figure C-10 and Table C-2) - Amend Land Use Plan Table C-1 to add a reference to "specific plans"for the Mixed Use.Overlay - Amend various text sections of the Land Use Plan to include descriptions of the Sunset Beach area and update the figures to reflect the change in City boundary - Amend the Implementation Plan to reflect the Zoning Map Amendment and Zoning Text Amendment described above. Draft Negative Declaration No. 10-005 represents a request for the following: Analyzes the potential environmental impacts associated with the General Plan Amendment, Zoning Text Amendment, Zoning Map Amendment, Local Coastal Program Amendment and annexation of Sunset Beach. Staff's Recommendation: - Approve Negative Declaration No. 10-005, General Plan Amendment No. 10-002, Zoning Text Amendment No. 10-002,Zoning Map Amendment No. 10-001, Local Coastal Program Amendment No. 10-001 and Annexation No. 10-001 based on the following: - The proposed project will not result in significant impacts on the environment. - The proposed land use and pre-zoning designations will result in land use and zoning designations for the Sunset Beach area that are consistent with the existing land uses and zoning designations. - The Local Coastal Program Amendment is consistent with the California Coastal Act and the project provides for continued preservation of existing coastal recreational resources, coastal access and maintenance of coastal views. The Specific Plan carries forward the existing overall goals, policies and standards of the County's Specific Plan for Sunset Beach,which are designed to address the unique development pattern of the community. - Pre-zoning of the project site will allow the City to annex the area to the City, which would result in a fiscal benefit to the City and allow for more efficient provision of services. PC Staff Report—09/28/10 -3- 10sr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) -549- Items 13. m Page 407 RECOMMENDATION: Motion to: A. "Approve Negative Declaration No. 10-005 with findings (Attachment No. 1)." B. "Approve General Plan Amendment No. 10-002 by approving the Draft City Council Resolution No. (Attachment No. 2) and forward to the City Council for adoption." C. "Approve Zoning Text Amendment No. 10-002 with findings for approval (Attachment No. 1) by approving the Draft City Council Resolution No. _ (Attachment No. 3) and forward to the City Council for adoption." D. "Approve Zoning Map Amendment No. 10-001 with findings for approval (Attachment No. 1) and forward Draft Ordinance(Attachment No. 4)to the City Council for adoption." E. "Approve Local Coastal Program Amendment No. 10-001 with findings for approval (Attachment No. 1) by approving the Draft City Council Resolution No. ` (Attachment No. 5) and forward to the City Council for adoption." F. "Approve Annexation No. 10-001 as a minute action and forward recommendation to the City Council." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: 1. "Continue Negative Declaration No. 10-005, General Plan Amendment No. 10-002, Zoning Text Amendment No. 10-002, Zoning Map Amendment No. 10-001, Local Coastal Program Amendment No. 10-001 and Annexation No. 10-001 and direct staff accordingly." 2. "Deny Negative Declaration No. 10-005, General Plan Amendment No. 10-002, Zoning Text Amendment No. 10-002, Zoning Map Amendment No. 10-001, Local Coastal Program Amendment No. 10-001 and Annexation No. 10-001 with findings for denial." PC Staff Report—09/28/10 -4- 1 Osr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) Item 13. ® Page 408 -550- PROJECT PROPOSAL: Annexation No. 10-001 is a City-initiated proposal to annex the approximately 134 acre unincorporated Sunset Beach community to the City of Huntington Beach. The property is currently located within the jurisdiction of the County of Orange. General Plan Amendment No. 10-002 represents a request for the following (Attachment No. 2): A. Amend the General Plan Land Use Map (Figure LU-5)to establish General Plan land use designations for the Sunset Beach area as follows - approximately 22.3 acres for Residential High Density-30, 9.2 acres for Visitor Serving Commercial-Mixed Use Overlay, 13.0 acres for Public, 3.4 acres for Open Space-Water Recreation and 57.7 acres for Open Space-Shoreline. The remainder of the area is right- of-way. The entire area would also have a Specific Plan Overlay. The proposed City of Huntington Beach General Plan land use designations mirror those of the existing County of Orange Land Use Plan for Sunset Beach. B. Designate the Sunset Beach area as Subarea 4L on the Community District and Subarea Schedule (Figure LU-6 and Table LU-4) C. Amend Table LU-3 to add a reference to"specific plans" for the Mixed Use Overlay. D. Update figures to reflect the change in the City's boundary E. Make minor wording changes to the Utility Element F. Update the Recreation and Community Services Element to reflect updated recreational amenity information. Zoning Text Amendment No. 10-002 represents a request to create the Sunset Beach Specific Plan (Specific Plan 17) that will provide development standards for the Specific Plan area pursuant to Chapter 215 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO). The Sunset Beach area is currently governed by a County of Orange Sunset Beach Specific Plan. The proposed City of Huntington Beach Specific Plan proposes to maintain the intent of the existing Specific Plan in terms of land use plan, districts and regulations(Attachment No. 7). Zoning Map Amendment No. 10-001 represents a request to amend the City of Huntington Beach Zoning Map to pre-zone the Sunset Beach area with the Sunset Beach Specific Plan and a Coastal Zone Overlay pursuant to Chapter 247 of the ZSO. Pre-zoning is required for annexation to be approved (Attachment No. 4). Local Coastal Program Amendment No. 10-001 represents a request for the following(Attachment No. 5), pursuant to Chapter 247 of the ZSO: A. Amend the City of Huntington Beach Local Coastal Program Land Use Plan to: 1) amend the certified Land Use Plan (Figure C-5) to establish City Land Use Designations for the Sunset Beach area consistent with the General Plan Land Use Designations described above, including designating it as Subarea 4L on the Community District and Subarea.Schedule (Figure C-10 and Table C-2); 2) amend Land Use Plan Table C-1 to add a reference to "specific plans" for the Mixed Use Overlay; and 3) amend various text sections of the Land Use Plan to include descriptions of the Sunset Beach area and update the figures to reflect the change in City boundary. B, Amend the Implementation Plan to reflect the Zoning Map Amendment and Zoning Text Amendment described above. PC Staff Report—09/28/10 -5- 10sr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) ®551- Item 13. ® Page 409 Draft Negative Declaration No. 10-005 analyzes the potential environmental impacts associated with the General Plan Amendment, Zoning Text Amendment, Zoning Map Amendment, Local Coastal Program Amendment and annexation of Sunset Beach(Attachment No. 8). The proposed entitlements establish City of Huntington Beach General Plan, Local Coastal Program and zoning designations for Sunset Beach if it is annexed to the City of Huntington Beach. Due to the unique character and built out nature of the community, a specific plan is proposed to best carry forward the community-established goals for the area. The Sunset Beach area is currently regulated by a County of Orange specific plan. City staff has annotated the County's specific plan to indicate which sections of that specific plan have been carried forward into the City's proposed document and where they are located in the document (Attachment No. 6). The proposed entitlements do not propose or require any development activity. They are necessary for the City to annex Sunset Beach, which the City believes will result in a more efficient provision of municipal services and not have a negative fiscal impact on the City. The Local Coastal Program Amendment is subject to review and approval by the California Coastal Commission, which approval must occur in order for the proposed zoning and land use designations to be in effect from a regulatory perspective. Background: The County of Orange approved the Sunset Beach Specific Plan/Local Coastal Program in 1981, and it was certified by the California Coastal Commission in 1983. The County of Orange approved an Addendum to the Sunset Beach Specific Plan/Local Coastal Program in 1990,which was certified by the California Coastal Commission in 1991. In 2009,the Orange County Local Agency Formation Commission(LAFCO)placed the unincorporated Sunset Beach area in the City of Huntington Beach's Sphere of Influence thereby allowing for potential annexation of the area to the City. In 2009 and 2010, City representatives attended Sunset Beach Community Association meetings regarding possible annexation. On August 2, 2010, the City Council directed staff to proceed with the annexation process and associated entitlements and established a Sunset Beach Area Council Committee (SBACC). The SBACC held its first meeting on August 25th. The SBACC held its second meeting on September 14th and began discussion on a list of items that the Sunset Beach Community Association would like to be included as part of the annexation agreement and/or adopted by the City Council (Attachment No. 11). Items 1, 4, 5, 6, 7, 10, 13, and 14 are addressed all or in part in the proposed project entitlements. Sunset Beach representatives, City Council Committee members and staff are continuing discussions on all of the items. Study Sessions: Three Planning Commission study sessions have been held in 2010. On August 10th, the overall project was introduced; on August 24th, the proposed Specific Plan was reviewed; on September 14th the draft Negative Declaration was reviewed. The Study Session Reports include a detailed review of the August 2010 draft Specific Plan and other project components and are incorporated herein by reference. A courtesy notice for the entire study session schedule, as well as the overall project schedule,was sent to all Post Office Box holders at the Sunset Beach Post Office and to property owners in Sunset Beach as well as interested parties, and was posted at the Sunset Beach Post Office bulletin board. PC Staff Report—09/28/10 -6- 10sr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) Stem 13. o Page 41 -552- ISSUES: Subiect Property and Surrounding.hand Use,Zoning and General flan Designations: LOCATION GENERAL PLAN ZOli1TG LAND:USE Subject Existin Existing Residential, Property: County:Urban Residential, Open Space, County: Sunset Beach SP and commercial, Community Commercial Sunset Beach SP-FP3 public and open City:NA City:NA space Proposed Proposed County:NA County:NA City: Residential High Density, City: Sunset Beach SP Commercial Visitor, Open Space-Shoreline, Open Space-Water, and Public North of City of Seal Beach: General Commercial, City of Seal Beach: General Residential, subject Beach and Residential Low Density Commercial,Beach, Commercial, Property City of Huntington Beach: Commercial Residential Low Density Huntington Visitor,Residential Medium Density, City of Huntington Beach: Harbour Residential Low Density,Residential Commercial Visitor,Medium Medium High Density, Commercial Density Residential,Low Neighborhood Density Residential, Medium High Density Residential and Commercial General East and County: Open Space Reserve, Suburban See North;also Bolsa Chica See North; also southeast of Residential Wetlands,Bolsa Chica State Bolsa Chica subject City: See North for City of Huntington Beach Wetlands,Bolsa property Beach;also Open Space-Shoreline Chica State Beach Southwest NA NA Pacific Ocean of subject property General Plan Conformance: The Sunset Beach area is located within unincorporated Orange County and does not have a City of Huntington Beach General Plan Land Use designation. The City is proposing to establish General Plan land uses as follows: 22.3 acres for Residential High Density-30, 9.2 acres for Visitor Serving Commercial-Mixed Use Overlay, 13.0 acres for Public, 3.4 acres for Open Space-Water Recreation and 57.7 acres for Open Space-Shoreline. The remainder of the approximately 134 acre area is right-of-way. The entire area would have a Specific Plan Overlay and be designated as Subarea 4L on the General Plan Community District and Subarea Schedule. In addition, the General Plan Amendment request includes amending Table LU-3 to add a reference to "specific plans" for the Mixed Use Overlay, updating figures to reflect the change in the City's boundary, making minor wording changes to the Utility Element and updating the Recreation and Community Services Element to reflect updated recreational amenity data. PC Staff Report—09/28/10 -7- 10sr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) -553- Item 13. ® Page 411 The proposed project is consistent with the goals, objectives and policies of the City's General Plan as follows: A. Land Use Element Goal LU 3: Achieve the logical, orderly, and beneficial expansion of the City's services and jurisdictional limits. Obiective LU 3.1: Ensure that any proposed annexation is consistent with the overall objectives and does not adversely impact fiscal or environmental resources, and public services and infrastructure of the City of Huntington Beach. Policy L U 3.1.1: Require that any lands proposed for annexation are contiguous with the City. Policy LU 3.1.2: Require that the existing and future land uses located within the proposed annexation area are compatible with the adjacent City land uses. Policy LU 3.1.4: Require that the proposed annexation areas generate a sufficient tax base or other revenue base to pay for their required or necessary City services. Policy LU 3.1.5: Require that the infrastructure and service provision to the proposed annexation areas will not create a burden on existing City services and infrastructure. Program I-LU 23: Annexation Feasibility Study Upon receipt of a request for annexation, the City shall conduct an"annexation feasibility study"to determine whether the proposed annexation: a. is adjacent to existing corporate boundaries; b. contains or will contain land uses that are compatible with City land uses; C. contains or will contain land uses that have the ability to provide economic benefit to the City; d. would place an undue or excessive burden on the City's or other service provider's ability to provide services; and e. would place an undue burden on school and other public services. The annexation area is located within an unincorporated area of Orange County that is bordered on the east and south by the City of Huntington Beach. The proposed Sunset Beach Specific Plan allows for residential and commercial development that is compatible with the existing residential and commercial uses in the Huntington Harbour area to the east. The open space areas, waterway and beach, are consistent with existing adjacent uses. City services such as Fire and Police Department services will be provided to the area by the City after annexation. Negative Declaration No. 10-005 reviewed the additional demand that will be placed on these services by the proposed annexation and found that both departments have the capacity to meet the additional burden with a less than significant impact. Other service providers such as schools will not change with project implementation. The City of Huntington Beach already provides water to the area and this will remain unchanged after annexation. The Sunset Beach Sanitary District will continue to provide local sewer service as it does now. PC Staff Report—09/28/10 -8- I Osr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) Item 13. ® Page 412 -554- An annexation study on the fiscal impacts of the project on the City was prepared for the City. The study concluded that annexation of the Sunset Beach area would result in a revenue surplus for the City. The study was reviewed and approved by the City Council and has been peer-reviewed on behalf of LAFCO (Attachment No. 10). Policy LU 15.1.1: Require the formulation, adoption, and implementation of Specific Plans for areas designated with a "Specific Plan Overlay(-sp)." This overlay provides greater specificity for the uses permitted and their design than defined for the underlying land use zone. Polio LU 15.7.1: Allow the development of residential uses in conjunction with the underlying commercial designations. The Mixed Use overlay permits the development of horizontally or vertically integrated mixed use projects. Obiective L U 16.1: Provide for the differentiation of the City's neighborhoods, boulevards, and districts by their functional role, uses, form, scale, and character of development. Policy LU 16.1.1: Accommodate development of the City's neighborhoods, boulevards, and districts according to the Community Districts and Subareas Schedule. The proposed Sunset Beach Specific Plan carries forward the existing County of Orange Sunset Beach Specific Plan's overall goals, land uses and development standards. It provides for cohesive development standards in recognition of the unique characteristics of the Sunset Beach area, which is almost fully developed. The proposed amendments provide for the continuation of allowing residential uses on the upper floor of commercial establishments in the Sunset Beach Tourist district. B. Economic Development Element Policy ED 2.6.2: Encourage visitor supported commercial development to concentrate in selected areas of the City,thereby creating identifiable visitor-oriented centers. Policy ED 3.2.2: Encourage mixed use (retail/office/residential) structures in the downtown area and at the visitor-serving nodes along Pacific Coast Highway. The proposed Specific Plan includes the existing Specific Plan's designation of the visitor(and local) serving commercial area, known as Sunset Beach Tourist. Within this area mixed use development (allowing residential use on upper floors) is allowed. C, Housing Element Policy 1.1: Preserve the character, scale and quality of established residential neighborhoods. The residentially designated area of Sunset Beach is not proposed to be changed in the proposed Specific Plan. The development standards for residential uses remain the same as well in order to preserve the character, scale and quality of the residential neighborhoods. PC Staff Report—09/28/10 -9- 10sr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) -555- Item 13. - Page 413 D. Circulation Element Goal CE 7: Maintain and enhance the visual quality and scenic views along designated corridors. The proposed Specific Plan carries forward existing policies that designate the portion of Pacific Coast Highway in the Sunset Beach area as a scenic highway as well as preserves the scenic vista viewpoints as designated in the County's existing Specific Plan. E. Recreation and Community Services Element Goal RCS 2: Provide adequately sized and located active and passive parklands to meet the recreational needs of existing and future residents, and to preserve natural resources within the City of Huntington Beach and its sphere of influence. Policy RCS 2.1.1: Maintain the current park per capita ratio of 5.0 acres per 1,000 persons, which includes the beach in the calculation. The proposed project includes an amendment to-the Recreation and Community Services Element of the General Plan to update text and figures to reflect the existing beach and park amenities in Sunset Beach as well as to add to and correct the open space and park facilities inventory since the 1996 General Plan update was approved. With the annexation of the Sunset Beach area to the City of Huntington Beach the City will exceed the park per capita ratio. F. Utilities Element Goal U 2: Provide a wastewater collection and treatment system which is able to support permitted land uses; upgrade existing deficient systems; and pursue funding sources to reduce costs of wastewater service provision in the City. The project includes an amendment to the Utilities Element of the General Plan to add reference to the Sunset Beach Sanitary District,which provides local sewer service to the Sunset Beach area. The District will continue in its current function after annexation and has a system that is able to support the permitted land uses in the area. G. Environmental Resources/Conservation Element Obiective ERC 1.1: Provide a quality open space network that is spatially distributed throughout all areas of the City. Policy ERC 4.1.5: Promote the preservation of public view corridors to the ocean and the waterfront through strict application of local ordinances, design guidelines and related planning efforts, including defined view corridors. Policy ERC 6.1.5: Require incorporation of controls in new development and redevelopment projects, including structural and non-structural Best Management Practices(BMPs), to mitigate the projected increases in pollutant loads and flows. PC Staff Report—09/28/10 -t0- I Osr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) Item 13. ® Page 414 -55C® The proposed Specific Plan carries forward existing policies that preserve the main beach as well as the small beach at 1lth Street and Pacific Coast Highway and the greenbelt/linear park. The Specific Plan preserves the scenic vista viewpoints as designated in the County's existing Specific Plan. The proposed Plan also includes a water quality section, which indicates that new development would be required to comply with National Pollution Discharge Elimination System (NPDES) requirements, which include BMPs in an effort to reduce or eliminate pollutant loads and flows. H. Environmental Hazards Element Objective EH 4.1: Ensure that the City's flood prevention standards and practices provide satisfactory safeguards for public and private development. Although none of the areas that allow for residential or commercial development in Sunset Beach have a floodplain designation that would-typically require floodproofing,the County of Orange adopted a Coastal Flood Plain Development Study that is applicable to the homes along South Pacific Avenue because tidal flooding does occur. The City's proposed Specific Plan discusses the flooding issue and incorporates the County Study by reference. New development would continue to have to adhere to the Study's requirements as well as the City of Huntington Beach ZSO. Zoning Compliance: The proposed Sunset Beach Specific Plan will establish new zoning for the Sunset Beach area. The proposed Specific Plan identifies five districts, similar to the County's existing Specific Plan, as follows: Sunset Beach Residential, Sunset Beach Tourist, Sunset Beach Parking Facility, Sunset Beach Beach Area and Sunset Beach Waterways. There are no changes proposed to the properties as they are currently designated by the County. The development standards for the Sunset Beach Specific Plan vary considerably from those of the ZSO. In general, the County's standards are more permissive, resulting in a denser development pattern,which is likely in recognition of the small lot sizes and limited area for development. The differences in standards between the City Zoning Ordinance and the proposed Specific Plan's (existing County Specific Plan)zoning requirements for residential and commercial uses and parking are summarized in two tables below. Overall, staff is not recommending that the standards be modified. The lot sizes, alley configurations and public uses that are interspersed within the community make compliance with many of the standards used in Huntington Beach impractical or such that they would be too constraining on development. The Sunset Beach Community Association has not requested that the standards for residential and commercial development be modified, though there are a few clarification amendments that are proposed as result of conversation with community members and a review by City staff. PC Staff Report—09/28/10 -11- 10sr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) -557- Item 13. - Page 415 Comparison of Development Standards Sunset Beach Specific Plan and City of Huntington Beach Zoning and Subdivision Ordinance Standard/Issue Pro osed Sunset Beach Spec xisting City Zoning Ordinance Residential' Min. Building Site None 2,500 sq. ft. - Min.Lot Width None 25 ft. Setbacks Front street) 5 ft. ground flr., 6 in. above gr. flr. 7.5 ft Exterior Side 6 in., 3 ft. in front of garage; and 3 ft./5 5 ft. ft. for gara e at N.&S. Pacific Aves. Interior Side 3 ft. gr. flr., 2 ft. for gr. flr. decks Min. 10% of lot width,min. 3 ft./max. 5 ft. Rear At Sand—0 ft. Min. 10 ft. for waterfront lots; At Channel— 10 ft. from bulkhead/rear 7.5 ft. for RMH-A. prop. line; 5 ft. above gr. flr. Other— 5 ft. gr. flr, 6 in. above gr. flr. -- Building Height Up to 3 stories, max. 35 ft. 25 ft. max. in front and rear 25 ft. of lot, 35 ft. max. to top of roof, 2"d - story plate height 25 ft. max. Open Space Min. 90 sq. ft. (rooftop patio,balcony, None;however,City limits site deck, gr. floor not in setback). Min. coverage to a max. of 50%and dimension 4'6" and not face adjoining requires greater setbacks. lot. Does not apply to beach or channel lots. Commercia13 Min.Building Site None 2,500 sq. ft. Min. Lot Width None 25 ft. Setbacks None, except 3 ft. if adjacent to Sunset Front/Exterior Side: 0 ft.-5 ft. Beach Residential district and standard Interior Side: 0 ft. setbacks if a service station Rear: 3 ft. Building Height Max. 35 ft. Max. 35 ft. if<25,000 sq. ft. lot 'The City's RMH-A standards are used for comparison,except for rear setbacks for waterfront lots(RL standard). 2This is the rear setback for RMH-A, which is more comparable because almost all of the homes in Sunset Beach have garage access from the front of the lot,whereas in RMH-A garage access is from the rear. 'The City's Downtown Specific Plan District I standards are used for comparison. PC Staff Report—09/28/10 -12- 10sr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) Item 13. - Page 416 -558- Comparison of Parking Related Standards Sunset Beach Specific Plan and City of Huntington Beach Zoning and Subdivision Ordinance Standard/Issue Proposed Sunset Beach Existing City Zoning Ordinance Specific Plan Parkin Compact Parking Up to 50%of stalls for Not allowed commercial uses may be com act(8'xl51h') Drive Aisles-One Way 20' 90°parking-26' (when designated a fire lane) Residential projects-25' All others-24' Drive Aisles-Two Way 24' 90'parking-26' (when designated a fire lane) Residential projects-25' All others-24' Stall size (Residential) 9'x18' 9'x19' Tandem Parking-Residential Up to 50%of stalls may be Up to 20% of stalls may be tandem for tandem for lots w/less than 46 multi-family and 100% for single family in ft. of frontage Downtown Specific Plan Tandem Parking-Commercial Up to 40%of stalls may be Up to 20%of stalls maybe tandem subject tandem subject to a coastal to a conditional use permit in Downtown development permit Specific Plan and in Mixed Use-Transit Center Zone Number of On-Site Spaces Required' Automobile Service Station 2/rack or pit,plus 1/pump 1/500 sq. ft.,min. 5; other standards if outlet convenience market or car wash Eating and Drinking 1/100 sq. ft. of serving area, w< 12 seats - 1/200 sq. ft. min. 10 spaces w>12 seats - 1/60 sq. ft. or 1/100 sq. ft. if on site w/3 or more uses City measures gross floor area Food store/grocery store 1/225 sq. ft. 11200 sq. ft. Office(medical) 1/150 sq. ft. 1/175 sq. ft. Residential 2/unit Depends on type of unit and#of bdrms: SF(RMH-A): min of 2 encl. and 1 additional space if no on-st.parking MF:1-2.5 encl./unit plus 0.5/unit for guest Retail 1/225 sq. ft. 1/200 sq. ft. Vehicle Repair Garage 1/400 sq. ft.,plus 1/500 sq. ft. 1/200 sq. ft., min. 5 of outdoor sales area Visitor Accommodations 1/guest unit;2/unit if kitchen, 1.1/guest unit,plus 1/transport vehicle(min (motel or hotel) wet bar, etc. 2),plus 2/manager's unit,plus parking for other uses tThere are differences for almost all of the uses. Only those uses that are most prevalent in Sunset Beach are listed in the table. Urban Design Guidelines Conformance: Not applicable. PC Staff Report—09/28/10 -13- I Osr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) -559- Item 13. - Page 417 Environmental Status: A draft Negative Declaration was prepared for the proposed project pursuant to Section 240.04 of the HBZSO and the provisions of the California Environment Quality Act (CEQA) (Attachment No. 8). The draft Negative Declaration concludes that the proposed project will not result in any significant adverse environmental effects. The 30-day public review period for the document began on August 12, 2010 and ended on September 10, 2010. Five comment letters (Attachment No. 9) were received during the public comment period from the California Department of Transportation, California Regional Water Quality Control Board, Native American Heritage Commission, Orange County Local Agency Formation Commission and Mr. Lyman Lokken, a resident and property owner in Sunset Beach. A discussion of each of the comment letters is provided below. California Department of Transportation (CalTrans) Comments: The CalTrans comment letter provides information on the Department's encroachment permit process, should any work be proposed in the vicinity of their right-of-way. The City is aware of the CalTrans' encroachment permit process. No changes are required to the draft Negative Declaration as a result of the information in the comment letter. California Regional Water Quality Control Board (RWQCB) Comments: The RWQCB comment letter consists of five comments on the Draft Specific Plan, which is an attachment to the Negative Declaration. There are no comments on the analysis in the Negative Declaration itself. Planning and Public Works staff have reviewed the comments, which suggest clarifying text, and have made changes to the draft Specific Plan as a result. However, staff does not think that it is necessary to add more information to the Specific Plan on Best Management Practices(BMPs) given that they are site and project specific, can vary greatly, and are guided by the Permit issued by the RWQCB, which is amended on a regular basis. No changes are required to the draft Negative Declaration as a result of the information in the comment letter. Native American Heritage Commission (NAHC) Comments: The NAHC comment letter indicates that as a result of a Sacred Lands File search in their inventory, no Native American Cultural Resources were identified within one-half mile of the subject project. There are, however, considerable Native American Cultural Resources in close proximity to the area. The comment letter provides a list of Native American contacts and indicates that avoidance of cultural resources should be considered during project planning. The proposed project does not propose any development and no known resources exist within Sunset Beach. The City initiated consultation with the Native American contacts on August 13, 2010, two contacts have responded and indicated that they do not have concerns with the proposed project. No changes are required to the draft Negative Declaration as a result of the information in the comment letter. Orange County Local Agency Formation Commission Comments: The LAFCO comment letter indicates that they are a responsible agency for the annexation and that they do not have any comments on the Negative Declaration. No changes are required to the draft Negative Declaration as a result of their comment. Mr. Lyman Lokken Comments: Mr. Lokken's comment letter consists of five comments on the draft Negative Declaration and one comment on an attachment to the document. The first three comments provide information on text references and data in the document. With regard to the size of the annexation area, the City has had a legal description completed, which results in an acreage number that is consistent with one of the numbers provided in Mr. Lokken's letter. The Negative Declaration has been updated accordingly. Staff has also updated the text of the Negative Declaration based on the other PC Staff Report—09/28/10 -14- 1 Osr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) Item 13. m Page 418 -560- information he provided. The fourth comment is regarding provisions of police services after annexation. Additional information and data regarding the Police Department's operations have been added to the Negative Declaration. The last comment on the Negative Declaration appears to be a point of information but does not necessitate a change to the document. The final comment has been included in the proposed Local Coastal Program Amendment changes in Attachment No. 5. The changes to Negative Declaration No. 10-005 are provided in an Errata, which is included in Attachment No. 8. Environmental Board Comments: The Environmental Board was notified of the Negative Declaration and staff attended the Environmental Board meeting at which the Board discussed the proposed project. The Environmental Board did not submit a comment letter. Prior to any action on General Plan Amendment No. 10-002, Zoning Text Amendment No. 10-002, Zoning Map Amendment No. 10-001, Local Coastal Program Amendment No. 10-001 and Annexation No. 10-001, it is necessary for the Planning Commission to review and act on Negative Declaration No. 10-005. Staff, in its initial study of the project, is recommending that the negative declaration be approved with findings. Coastal Status: -- The project area is located within the Coastal Zone. Because the area is currently located within the jurisdiction of Orange County it is not included within the City of Huntington Beach Local Coastal Program. The project includes a request to amend the City's Local Coastal Program to include this area in its Local Coastal Program and to incorporate the other components of this project, e.g. rezoning and Specific Plan adoption. The Local Coastal Program Amendment will be forwarded to the California Coastal Commission for approval after City Council action. The proposed project complies with Coastal Zone requirements, and will implement the following policies of the City's Local Coastal Program Land ��Use Plan(Coastal Element of the General Plan): Goal C 1: Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs. olicy C 1.1.8: The City shall, at a minimum,consider the following when evaluating annexation proposals in the Coastal Zone: 1. Is the area to be annexed adjacent to existing corporate boundaries? 2, Does/will the area to be annexed contain land uses that are compatible with City land uses? 3. Does/will the area to be annexed contain land uses that have the ability to provide economic benefit to the City? 4. Would the area to be annexed place an undue burden or excessive burden on the City's or other service provider's ability to provide services? 5. Would the area to be annexed place an undue burden on school and other public services? Goal C 2: Provide coastal resource access opportunities to the public where feasible and in accordance with California Coastal Act requirements. Obiective C 2.5: Maintain and enhance, where feasible, existing shoreline and coastal resource access sites. PC Staff Report—09/28/10 -15- 1 Osr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) -561- Item 13. ® Page 419 Obiective C 2.7: Promote public awareness of existing access opportunities to coastal resources. Policy C 2.2.6: Provide adequate bike racks at appropriate locations within the Coastal Zone with special emphasis for facilities adjacent to the beach. Policy C 3.2.4: Encourage the provision of a variety of visitor-serving commercial establishments within the Coastal Zone, including,but not limited to, shops,restaurants,hotels and motels, and day spas. Policy C 4.2.3: Promote the preservation of significant public view corridors to the coastal corridor, including views of the sea and the wetlands through strict application of local ordinances, design guidelines and related planning efforts, including defined view corridors. Obiective C 4.3: Promote designated coastal roadways as scenic corridors Policy C 4.4.4: Develop implementation programs that will preserve and maintain the physical features of the wetlands, bluffs, and beaches. Policy C 4.5.1: Prohibit new billboards within the Coastal Zone and require removal of all existing billboards along Pacific Coast Highway as properties are developed. Policy C 6.1.6: It is the policy of the City to recognize the value of watershed based planning efforts in achieving coastal and marine water quality and resource protection goals of the LUP...The City shall require that new development and redevelopment, as appropriate, employ non-structural Best Management Practices (BMPs) and structural BMPs designed to minimize the volume, velocity and pollutant load of stormwater runoff...To this end, the City shall continue implementation of the Municipal Stormwater National Pollution Discharge Elimination System(NPDES)permit... Policy C 10.1.14: During major redevelopment or initial construction, require specific measures to be taken by developers, builders or property owners in flood prone areas to prevent or reduce damage from flooding and the risks upon human safety. The proposed Sunset Beach Specific Plan carries forward the existing County of Orange Sunset Beach Local Coastal Program/Specific Plan's overall goals, land uses and development standards. It provides for cohesive development standards in recognition of the unique characteristics of the Sunset Beach area, which includes a significant amount of area designated for public use. The proposed Specific Plan, similar to the existing Specific Plan, provides for a variety of visitor-serving commercial businesses. As discussed under the General Plan Conformance Land Use Element section above, annexation of the Sunset Beach area to the City is also consistent with the LCP policy regarding annexation. The project maintains the existing coastal access points and signage provisions for coastal access signs detailed in the existing County of Orange Specific Plan but adds new requirements for new commercial and multi-family development to provide for on-site bicycle parking, consistent with the City's existing Local Coastal Program. The proposed Specific Plan carries forward existing County policies that designate the portion of Pacific Coast Highway in the Sunset Beach area as a scenic highway as well as preserves the scenic vista viewpoints as designated in the County's existing Specific Plan and prohibits new billboards. It provides for maintenance and preservation of the beach and artificial dune consistent with ongoing operations. The proposed Specific Plan includes a new water quality section, emphasizing the importance of protecting water quality consistent with Regional Water Quality Control Board regulations and requires PC Staff Report—09/28/10 -16- 1 Osr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) Item 13. - Page 42 -562- that new homes/structures constructed along South Pacific Avenue continue to comply with floodproofing requirements. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The Departments of Administration_,_Planning and Building, Fire, Police, Community Services and Public Works analyzed annexation of the property for an Annexation Feasibility Study prepared for the City Council. City departments have also commented on the preparation of the Draft Specific Plan. Public Notification: Legal notices were published in the Huntington Beach/Fountain Valley Independent and the Seal Beach Sun on September 16, 2010 and September 17, 2010, respectively, and notices were sent to all Post Office Box holders at the Sunset Beach Post Office, Sunset Beach property owners, property owners of record and occupants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Planning Department's Notification Matrix), and interested parties. In addition, notice was posted on the bulletin board of the Sunset Beach Post Office. As of September 21, 2010, one communication supporting or opposing the request has been received in response to the hearing notice (Attachment No. 12). Application Processin-Dates: DATE OF COMPLETE APPLICATION MANDATORY PROCESSING DATE August 2, 2010 ■ Draft ND: Within 180 days of complete application: January 29, 2011 ■ Legislative Action: Not Applicable ANALYSIS: This section reviews the impacts of the proposed annexation on City services, land use compatibility, the amendments to the General Plan and Local Coastal Program, the proposed Specific Plan, and the environmental impacts associated with the proposed project. Annexation The City's General Plan requires the preparation of an Annexation Feasibility Study to determine whether a proposed annexation is compatible with City land uses, has the ability to provide economic benefit to the City and whether the proposed annexation would place an undue or excessive burden on the City and/or School Districts' ability to provide public services for the site. The City prepared such a study (Attachment No. 10) to analyze whether annexation of the Sunset Beach area would create a financial burden on the City. The report determined that annexation would result in revenues that will exceed PC Staff Report—09/28/10 -17- 10sr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) -563- Item 13. © Page 421 expenditures for the City and that the proposed annexation would not place an undue or excessive burden for the provision of services. The Specific Plan area is presently served by the Huntington Beach Union High School and the Ocean View School District both of which will continue to serve the site after annexation. The potential impacts on the provision of public services including City Fire and Police Departments' services were analyzed within Negative Declaration No. 10-005. The environmental document concludes that the site would be adequately served by existing resources within both departments. The City already provides water to Sunset Beach; local sewer service is provided by the Sunset Beach Sanitary District. Service delivery for both water and sewer will not change with the annexation. Land Use Compatibility The proposed project is compatible with surrounding land uses. The proposed Sunset Beach Specific Plan is consistent with the Orange County Local Coastal Program/Specific Plan for Sunset Beach. No change in use is proposed for any property in the annexation area. The proposed Specific Plan allows for residential, commercial, and recreational/open space uses consistent with existing development in and adjacent to Sunset Beach and, as such, results in compatible land uses. General Plan Amendment The project includes amendments to the Land Use Element, Recreation and Community Services Element and Utilities Element of the General Plan as described in the Project Proposal section of this report. The changes to the Land Use Element provide City land use designations for Sunset Beach consistent with-the established land uses in the area and the newly created Sub-area designation is in recognition of the proposed Specific Plan for the area. The Recreation and Community Services Element is being updated to incorporate facilities/resources in Sunset Beach as well as update the inventory citywide to reflect corrected acreage information and new parks that have been constructed since the General Plan was updated in 1996. Since the August 1 Oth Planning Commission Study Session report was distributed, which contained a draft of the proposed General Plan pages to be amended, staff has updated the proposed changes to the Recreation and Community Services Element to reflect the revised acreage information for the beach in Sunset Beach, added two new parks to the citywide inventory(Triangle Park in the downtown and Banning/Magnolia park, a passive green space at that intersection), and changed the name Sunset Beach Linear Park to Sunset Beach Greenbelt on the list for Table RCS 1. As discussed in the General Plan Conformance section of this report, the proposed amendments are consistent with the City's General Plan. Local Coastal Program Amendment The project includes a request to amend the City's Local Coastal Program to include the Sunset Beach area in its Local Coastal Program and to incorporate the other components of this project, e.g. rezoning and Specific Plan adoption. The changes to the Land Use Plan provide City land use designations for Sunset Beach consistent with the established land uses in the area. The text changes to the City's Coastal Element add discussion regarding Sunset Beach so that it is integrated into the City's Land Use Plan and includes updated tables and texts. Since the August 101h Planning Commission Study Session report was distributed,which contained a draft of the proposed Coastal Element pages to be amended, staff has updated the proposed changes to reflect the revised acreage information for the beach in Sunset Beach, PC Staff Report—09/28/10 -18- 1 Osr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) Item 13. a Page 422 -564- updated the proposed changes to reflect the revised acreage information for the beach in Sunset Beach, corrected the parking number, changed the name Sunset Beach Linear Park to Sunset Beach Greenbelt and added information regarding improvements by the Sunset Beach Sanitary District. As discussed in the Coastal Status section of this report, the proposed amendments are consistent with the City's Local Coastal Program. Specific Plan The City's proposed Specific Plan includes the policies/guidelines that are necessary to maintain the Sunset Beach character in recognition of the fact that the area is nearly built out and has been developed and operating under the guidance of a consistent set of policies/guidelines for over two decades. The City's proposed Specific Plan mirrors the County's Specific Plan in terms of the land use designation pattern. The City's proposed Specific Plan carries forward the County's guidelines for preservation and maintenance of the existing scenic vista points, the artificial dune, the 27 existing public access points to the beach, public use of the waterway (Sunset Channel), l Ith Street beach and the greenbelt/linear park and public parking facility. These guidelines are specific to-the circumstances in Sunset Beach and are necessary to recognize and continue these facilities. The Specific Plan is consistent with the City's General Plan and Local Coastal Program. The City's Specific Plan does not propose any change to the majority of the site development standards for setbacks, height, on-site open space, fences/walls, accessory structures and signs. The City's Specific Plan proposes one change to the parking standards, which is to require compliance with the bicycle parking requirements of the ZSO for new development. Based on input from the Sunset Beach community, staff is proposing some changes compared with the draft Specific Plan dated August 2010. The changes are shown in underline/strikeout text in the draft Specific Plan dated September 2010 (Attachment No. 7). Key changes are summarized below: ■ Updated acreage numbers based on completed legal description ■ Added language at the request of the Fire Department related to drive aisle width ® Modified the list of prohibited uses in response to a request from the Sunset Beach Community Association Transition Committee ■ Added clarifying language on beach encroachment,per existing County regulations. ■ Added additional language to the Water Quality section in response to a comment from the RWQCB In addition to these changes, the September 2010 version includes various minor corrections and edits to text that either correct numbers, provide clarifying text, or correct typographical errors. Staff has recently learned that the County sometimes requires Use Permits (conditional use permits) for new businesses/uses, even though the existing Specific Plan does not indicate this nor provide guidance as to when one would be required. Staff will be preparing revised pages for the Specific Plan for consideration at the September 28th hearing and will distribute them as soon as possible. Staff has received inquiries from some Sunset Beach residents regarding other potential changes to the Specific Plan related to prohibiting overnight stays on boats and maintenance provisions for the artificial berm on the main beach. Staff has not made associated changes in the Specific Plan for these items as they generally relate to Municipal Code topics. As indicated in the August 24, 2010 Planning Commission Study Session report changes will be made to the City's Municipal Code to implement many PC Staff Report—09/28/10 -19- 10sr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) -565- Item 1 . - Page 423 of the ongoing County practices including parking permits, harbor permits, beach encroachments and the LCP Review Board, all of which are allowed by the existing and proposed Specific Plan. Drat Negative Declaration Draft Negative Declaration No. 10-005 analyzes potential impacts of the proposed project. The proposed annexation and associated zoning and general plan entitlements do not include a development project. The proposed Sunset Beach Specific Plan reflects the land use plan as approved by Orange County and the California Coastal Commission. There is no change to the number or location of properties designated for residential and commercial development or areas designated for open space. The proposed Specific Plan does not include any new infrastructure extensions or roadway. Thus, any potential development that may occur in the future, could also occur now under the existing regulations in effect. The Draft Negative Declaration concludes that there will be no impacts associated with Population and Housing, Geology and Soils, Hydrology and Water Quality, Air Quality, Biological Resources, Mineral Resources,Noise,Utilities and Service Systems,Aesthetics, Cultural Resources,Recreation and Agricultural Resources. The Draft Negative Declaration concludes less than significant impacts associated with Land Use and Planning, Transportation/Traffic,Hazards and Hazardous Materials, Public Services and Greenhouse Gas Emissions. The less than significant impacts associated with the first three issue areas stem from differences in standards in the proposed Specific Plan(no change from existing) compared with what is currently required in most areas of Huntington Beach. Specifically, some of the standards for street sections and drive aisles that are designated as fire lanes are less in the proposed Specific Plan. The City of Huntington Beach Fire Department currently responds to approximately 80 percent of the calls in Sunset Beach. They are able to meet response times despite the existing standards being less than desirable. The Draft Negative Declaration identifies that that there would be a less than significant impact associated with the adoption of the proposed Specific Plan in this regard. The less than significant impact for Public Services is due to the potential increase in calls for service that the City of Huntington Beach Police and Fire Departments may experience as a result of the annexation. The Draft Negative Declaration reviews the statistics in terms of calls for service and responding agency for Sunset Beach. The Police Department is expected to experience the largest increase in calls, given that the County Sheriff's Department provides the majority of law enforcement services in the area. However, the Police Department has indicated that the increase will not have a significant impact on their operations and ability to provide adequate service to the area and the rest of Huntington Beach. In response to a comment regarding Police services to the area, language has been added to the Negative Declaration analysis; see the Errata in Attachment No. 8. Subsequent to the public comment period,two letters were received regarding the Negative Declaration as it relates to police services (Attachment No. 12). The Police Department has reviewed the letters and believes that the revised analysis in the Negative Declaration Errata adequately addresses the issues raised. The potential increase in calls for service for the Fire Department is comparatively small, given that they effectively are the primary responder in the area now. Accordingly, associated impacts with the increased calls for service will be less than significant. The last issue area for which less than significant impacts were identified was Greenhouse Gas Emissions. The CEQA threshold asks if the project would generate greenhouse gas emissions, either directly or indirectly,that may have a significant impact on the environment. The draft Negative Declaration identifies that there may be indirect emissions associated with construction of buildings pursuant to the PC Staff Report—09/28/10 -20- 10sr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) Item 130 ® Page 424 -566- Specific Plan and the operation of existing and future development,however,these would be insignificant given that 99 percent of the community is already built out and due to parcel pattern and development standards,which significantly limit the size of individual projects and amount of development that could occur. SUMMARY: Staff recommends approval of Negative Declaration No. 10-005, General Plan Amendment No. 10-002, Zoning Text Amendment No. 10-002, Zoning Map Amendment No. 10-001, Local Coastal Program Amendment No. 10-001 and Annexation No. 10-001 because: - The proposed project will not result in significant impacts on the environment. - The proposed land use and pre-zoning designations will result in land use and zoning designations for the Sunset Beach area that are consistent with the existing land uses and zoning designations. - The Local Coastal Program Amendment is consistent with the California Coastal Act and the project provides for continued preservation of existing._coastal recreational resources, coastal access and maintenance of coastal views. - The Specific Plan carries forward the existing overall goals, policies and standards of the County's Specific Plan for Sunset Beach, which are designed to address the unique development pattern of the community. - - Pre-zoning of the project site will allow the City to annex the area to the City, which would result in a fiscal benefit to the City and allow for more efficient provision of services. ATTACHMENTS: pprova — - o. on or enera 'ng ex en 7. Legislative Draft of Sunset Beach Specific Plan(SP 17), dated September 2010 T>ra N,��a11VP 17P�laraflnn �2m,,,p z��o taro U y CPntamher 2 20i n 12. Letters in Support and/or Opposition SH:MBB jr PC Staff Report—09/28/10 -21- 10sr59 ANX;GPA;ZTA;ZMA;LCPA,ND(Sunset Beach) -567- Item 13. o Page 425 l e xh - Draft Sunset Beach Specific Plan -66,a � w rt p� � u� a 3v cif Huntington S" .a � bngt®nr Augu —e September 2010 Item 13. ® Page 426 -568- n �., r� t Sunset Beach ci is Plan Prepared by: City of Huntington Beach Planning and Building Department 2000 Main Street Huntington Beach, CA 92648 Adopted by City Council: Certified by the California Coastal Commission: -569- r item 13. ® Page 427 Table of Contents Page No. 1. Introduction ..........................................................................................................................1 1.1 Location...............................................................................................................................1 1.2 Specific Plan Area Background ...........................................................................................1 1.3 Purpose and Intent..............................................................................................................4 1.4 Authority and Scope............................................................................................................4 1.5 Previous County of Orange Approvals for Sunset Beach.....................................................6 1.6 Previous California Coastal Commission Approvals for Sunset Beach ................................6 1.7 Consistency with California Environmental Quality Act (CEQA............................................6 2. Land Use Plan.......................................................................................................................8 2.1 Existing Conditions..............................................................................................................8 2.2 Land Use...........................................................................................................................10 2.3 Circulation .........................................................................................................................18 2.4 Flooding and Shoreline Structures.....................................................................................22 2.5 Infrastructure and Utilities..................................................................................................22 Infrastructure .....................................................................................................................22 Utilities...............................................................................................................................24 3. Development Standards........................................................................................................26 3.1 Purpose ...........................................................................................................................26 3.2 General Provisions ............................................................................................................26 3.3 Regulations .......................................................................................................................28 3.3.1 Sunset Beach Residential................................................................................3130 3.3.2 Sunset Beach Tourists.....................................................................................3534 3.3.3 Public Facilities................................................................................................3837 3.3.4 Parking Requirements.....................................................................................4443 3.3.5 Fences and Walls............................................................................................4746 3.3.6 Sign Regulations ....................................... ................484-................................... . 3.3.7 Accessory Uses and Structures.......................................................................5150 3.3.8 Flood Plain District...........................................................................................5254 .Administration ...................................................................................................................sm 4.1 Enforcement of the Specific Plan .................................................................................5453 4.2 Methods and Procedures...............................................................................................5453 4.3 Specific Plan Amendments............................................................................................5655 4.4. Severability....................................................................................................................5655 August-September 2010 Page i �� .sue E e Z F�k " - Item 13. ® Page 428 -570- HM � F '� � /. . � � List of Exhibits Page No. Exhibit 11 \/kciOhv Map..................................................................................................................2 Exhibit 1.2Aeri@| Photograph -------.---------------------------.3 Exhibit 1.3 Zoning KAao --------------------.-----------------.5 Exhibit2] Land Use Plan............................................................................................................12 Exhibit 2.2 Scenic Vista Viewpoints---------'---------------_,-----15 Exhibit 2.3 Existing Beach Access...............................................................................................1G Exhibit 2.4Tvoc@| Section...........................................................................................................21 Exhibit 3.1 Specific Plan District...................................................................................................29 Exhibit 3.2 Permitted Encroachment Areas within Sunset BeaohCXhmnne|....................................41 Exhibit 3.3 Criteria for Sunset Beach Channel Encroachment.-----------------..42 — [ ,~r~'~~..~_,___~,_______~___,___,__,___,_,,^^,,_~____________,_,_,___,________~_____. _ . A. Legal Description � AugustSeptember O Pogeii / '--. ._~ = ^ "� ~~ ' I Draft Sunset Beach SpeciricPlan 1 ® Introduction 1.1 Location Sunset Beach is an approximately 409-134 acre primarily residential community that stretches 1.2 miles from Seal Beach at the northwest extremity to Bolsa Chica State Beach, with which it is contiguous at the southeast, as shown in Exhibit 1.1, Vicinity Map. It is bordered on the southwest by the Pacific Ocean and on the northeast by the Huntington Harbour and Peter's Landing developments and is in proximity to the Bolsa Chica Wetlands and Sunset Aquatic Park. The entirety of Sunset Beach is located in the Coastal Zone. From the ocean inland Sunset Beach is formed by six successive strips running the length of the community: the beach, the ocean front residences along South Pacific Avenue, the linear park/public parking facility between South and North Pacific Avenues, the residences along North Pacific and side streets, the mixed residential-commercial buildings on both sides of Pacific Coast Highway, and the residences on Sunset Island and adjacent to Park Avenue (Exhibit 1.2, Aerial Photograph). 1.2 Specific Plan Area Background Sunset Beach was established as an unincorporated town on September 8, 1904, governed by the County of Orange. Its formal establishment followed construction of the Pacific Electric Railway (PER). The Newport-Balboa line was the first PER line into Orange County and ran down the coast from Long Beach. The line was extended into Huntington Beach via Seal Beach in Summer 1904. Sunset Beach was laid out along the tracks in 1905. An 80 foot wide boulevard was graded running north to south next to the "Red Car" line, the common reference to PER, and became known as Ocean Boulevard. This thoroughfare was renamed Pacific Coast Highway in 1926. Development of Sunset Beach was similar to that of small coastal communities of the time and was punctuated by various events that helped to shape it to its current form, not the least of which was the rail line and the highway. The other notable change for the area was the development of Huntington Harbour in the 1960s, which transformed marsh and slough into residential islands, a marina and commercial area. Sunset Beach is unique among coastal communities in that 64-55 percent of its total area, excluding streets, is publicly owned and utilized. Of its almost 40 -134 acres, almest 58approximately 74 acres are devoted to public uses, which include the main beach, a combination linear park and public parking facility, Sunset Channel and 11th Street beach. Approximately 31 acres are developed with residential and commercial uses, and 28 acres are right-of-way (streets). There are 700 residential units in the community developed at a range of densities, with commercial and mixed use developments mostly along Pacific Coast Highway. The community has approximately 1,300 residents. While Sunset Beach is almost built out, remodeling and rebuilding of residential lots occurs on an on-going basis. I A+,n­stSenfemher 2010 Pacge 1 Otero 13. - Page 430 -572- I�ACM ENit ���_ .� r��.. Draft Sunset Beach SpecricJPlan Sunset Beach Vicinity Map City of Huntington Beach Westminster EM 010 Seal Beach :. J ti 1 IPA x WFEE cat g County of Orange (Bolsa Chica) Fountain Valley Sunset Beach Boundary Huntington Beach Boundary i Huntington Beach Centerlines Costa Ciy'df4�nWAdw evYe Mesa kw{itaasatmcy. _ a ��.misu u immmeu�.o.em.. - [nf'ocmaticm Swices Dcpatmcnt - Nq}1O Exhibit 1 . 1 Vicinity Map Alj( September 2010 Panp 7 -573- p.lte, _ 1 ® Page 431 r, a �.r4 r 1 r 'ti. � I s-,F � a a i � �, *d "n x .;� .`t rt v.•^ �.�"S L' 8 f 9 - i ,�I y � '. y '� i 3i' ��C '� ��'Y } # �,r. C J.r?< y, 3 7 E •Af3 y L 51 lr '8� , • r °.m. t� � �r ,�`- , s r' ` r ms,�, d° c m-`� � ,t``3 rni V � ��� 1 ' 1 ,C�b�i,Y � � � g 1 ('< � v s -"� 4 a .—ka.. ))x�� { �, a ,�� 9�- p• �r a,� �s `w� .., �Y�k .'1 % 1 ,Jo � - _ :, � t `��'t xt, y..z r � -t„ r* t �� rZ 1 i � h� � 'lard'._�t f a• i�,�kncaay�}.41.. l .s. r��' t •s, :a 0. a - N . 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"�a� s} rod - - M �' �`d"ti ".w,�*1 '� tF� •t' i"� 19 vl r.4Hk�'r � s ..' �r k :..: �•�, #�w't;s :. � q.` M w ;{ R 4 - - ff l i Huntih• S. a. p s s . . a • Draft Sunset Beach Spec 6 Plan 1.3 Purpose and Intent This Sunset Beach Specific Plan establishes the development regulations and administrative procedures necessary to achieve orderly and compatible development of the area consistent with the City of Huntington Beach General Plan and Local Coastal Program. The Specific Plan establishes specific zoning and site development standards for Sunset Beach generally consistent with the County of Orange Sunset Beach Specific Plan, dated September 1990. Sunset Beach will be annexed to the City of Huntington Beach. After the annexation and the adoption of the City of Huntington Beach Sunset Beach Specific Plan are effective, the City of Huntington Beach Sunset Beach Specific Plan will supersede the County of Orange Sunset Beach Specific Plan as the effective zoning regulations for the approximately 44DO-134 acre Sunset Beach area.' The intent of the Sunset Beach Specific Plan is to provide clear and comprehensive descriptions of land use, circulation, infrastructure and site development standards. The Specific Plan is regulatory in nature and serves as zoning for the Sunset Beach area, see Exhibit 1.3, Zoning Map. The Specific Plan also serves as the implementation plan for the Huntington Beach Local Coastal Program. Development plans and other entitlement requests for the Specific Plan area must be consistent with this Specific Plan and the Huntington Beach General Plan and Local Coastal Program. 1.4 Authority and Scope The authority to prepare, adopt and implement Specific Plans is granted to the City of Huntington Beach by the California Government Code (Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457). The Specific Plan will be used by the City of Huntington Beach to implement the Huntington Beach General Plan and Local Coastal Program for the Sunset Beach area. The Specific Plan contains all applicable land use regulations and will thus constitute the zoning for the Sunset Beach area. The Development Standards contained in this Specific Plan will take precedence over all other provisions of the Huntington Beach Zoning and Subdivision Ordinance, unless otherwise noted. Local planning agencies or their legislative bodies may designate areas within their jurisdictions as ones for which a Specific Plan is "necessary or convenient" (Government Code Section 65451). A Specific Plan may either be adopted by ordinance or resolution (Government Code Section 65507). Adoption of the Sunset Beach Specific Plan shall be consistent with the provisions of the Huntington Beach Zoning and Subdivision Ordinance, Chapter 215. 'The County of Orange Sunset Beach Specific Plan lists the acreage for the Specific Plan area as 115 total acres,30 acres of which are the main beach. With the benefit of geographic information systems, and based on current information from the County of Orange and a legal description,the total acreage is now estimated at almost 199134,3-3-approximately 58 of which are the main beach. August-September 2010 o -575- Item 13. m Page 433 D YEf 1_t i'}r-�,S r,. ��_ ��,,�� - rL. � ` -� i/l�'} (!ry/�e7l��.(��r � �C3�{}^�--��I � � - • �,j � ,� %� co "i.��`�•�, `1'1`tr���� �J' ����,--s� , ! _ ,.--''� � �• ��.. �� •�1`'y'�J'j�. �'T �� ���,\'� "�'�' , 1 •G CD 17 '�r were 1�C X (D Sunset Beach Specific Plan.-Coastal Zone Overlay SP17=cz a _ y a LEGEND M«. ,/oa� �iwv�w wN Parcels Huntington Beach Boundary Specific Plan Boundary Exhibit 1 .3 Zoning Map �J .9 Draft Sunset Beach Specific Plan 1.5 Previous County of Orange Approvals for Sunset Beach On March 9, 1982, the Orange County Board of Supervisors adopted Resolution No. 82-349, authorizing preparation of a Specific Plan for Sunset Beach. The Land Use Plan, including Development Guidelines, was approved by the Board of Supervisors on May 6, 1981, as an amendment to the Orange County General Plan. The purpose of the County Sunset Beach Specific Plan (SBSP/LCP) was to tie together the Land Use Plan and Implementing Actions Program of the County's Local Coastal Program. In January, 1986, the Board of Supervisors directed the Environmental Management Agency (EMA) to prepare an amendment to the SBSP/LCP. Amendment 90-1 to the SBSP/LCP was approved by the Board of the Supervisors by Resolution No. 90-1244 and Ordinance No. 3798 on September 26, 1990. The Sunset Beach area remained an unincorporated "island"while the cities of Seal Beach and Huntington Beach incorporated and annexed adjoining areas. In 2009, the Orange County Local Agency Formation Commission (LAFCO) placed the unincorporated Sunset Beach area in the City of Huntington Beach's Sphere of Influence, facilitating the annexation of Sunset Beach to the City of Huntington Beach. This proposed City of Huntington Beach Sunset Beach Specific Plan is intended to comply with State law requiring the City to adopt zoning regulations for property ("pre-zone") before annexation is approved by LAFCO. 1.6 Previous California Coastal Commission Approvals for Sunset Beach The California Coastal Commission originally certified the SBSP/LCP on October 27, 1983. Subsequently, the Commission certified the amended SBSP/LCP on July, 17, 1991. The Commission..retains original permit jurisdiction over development seaward of the mean high tide line. Therefore, it has permitting authority for improvements in/above the ocean and waterway and has issued such coastal development permits in Sunset Beach. This City of Huntington Beach Sunset Beach Specific Plan must be approved by the California Coastal Commission in order to become effective. 1.7 Consistency with California Environmental Quality Act (CEQA) Pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared as part of the Specific Plan approval process. The Initial Study will serve as the basis on which the environmental effects of implementation of the Specific Plan can be ascertained. The Initial Study indicated that a Negative Declaration is the appropriate CEQA compliance tool, and has been prepared as part of this Specific Plan process. All subsequent approvals necessary to develop any property within the Specific Plan area must be consistent with the Specific Plan and within the scope of the Negative Declaration. Additional environmental documentation may be required in the future if new significant August-September2010 -577- Item 13. - Page 435 Draft Sunset Beach Specific Plan development is proposed or if significant changes are found to have occurred pursuant to Section 15162 and 15182 of the CEQA Guidelines. � 4unnict Ccntcmhcr7(1l(1 Item 13. - Page 436 -578- �T�l -t . t Draft Sunset Beach Specific Plan . Land Use Plan The goal of the Land Use Plan is to maintain and enhance the special character of Sunset Beach. The Land Use Plan establishes and designates areas of residential and commercial development that will not impair coastal resources or public access to the coast consistent with the previous County Specific Plan. It identifies the beach, waterway and public parking facilities and policies to preserve them. Preservation of the unique character of Sunset Beach is the fundamental goal from which the Land Use Policies are derived. 2.1 Existing Conditions Sunset Beach is characterized by the unique and valuable commodity of its sandy beach and ocean shoreline. It is also surrounded on its inland side by a system of waterway canals in the Huntington Harbour development. The majority of the Sunset Beach area is designated for public or community use, the largest component of which is the beach. The beach is bounded on the south by Warner Avenue and on the north by Anderson Street, a distance of 6,300 feet. Access to the shoreline is at 27 street-end locations through the residential areas, 35 feet in width, located every 200 feet along the beach frontage. The only recreation facilities on the beach are volleyball nets. Approximately 1,500 feet of the beach is open for surfing. Lifeguard service is provided on a seasonal basis. Outdoor games, swimming, surfing and fishing constitute the major activities at this beach. The area also benefits from a 13 acre linear park/public parking facility, constructed by the County of Orange in the old Pacific-Electric right-of-way, with picnic areas, a tot lot, five restroom buildings, pathways, and 660-624 parking spaces. This area is also referred to as the "greenbelt." Other notable public uses include the Sunset Channel, 11th Street beach, a post office and a volunteer fire station. The Sunset Beach Community Association also owns and operates a community center, which functions as a quasi-public use. There are no public boat launch sites in Sunset Channel with the exception that nontrailerable boats that can be hand-carried may be launched at the 11th Street Beach. There are no publicly maintained boating facilities within the Sunset Beach area. However, private docks are available in Sunset Channel adjacent to commercial and residential properties subject to the permit process. Private land uses in Sunset Beach are residential and commercial. The residential uses consist of 700 single and multiple family type dwelling units, on typically 2,700 square foot lots, which are well mixed throughout both residential and commercial areas. Densities range from approximately 22 to 45 units per acre. There are approximately 60-70 commercial establishments. Existing commercial uses range from neighborhood convenience facilities such as markets, to more area-wide facilities such as motels, restaurants, and specialty shops that generally front on Pacific Coast Highway. Because of the compact size and special nature of the Sunset Beach community and the limited area for commercial uses, the convenience facilities and goods provided serve the visitors and tourists as well as local residents. The Sunset Beach area consists of 497 parcels, the beach, and right-of-way. All but four of these parcels are fully developed or used in substantial part by an adjacent parcel for yard area, ° September 2010 ^^ - -579- A Item 13. - Page 437 Draft Sunset Beach SaecrticPlan parking or accessory structures. Of the four parcels, three are vacant and one parcel is occupied by a billboard. The existing residential and commercial areas are 99 percent developed. Sunset Beach exhibits generally low relief with elevations ranging from sea level to five feet above sea level. Erosion of the shoreline in the area has been relatively continuous since the construction of the east jetty of Anaheim Bay in 1944. In 1945, the Navy constructed 600 feet of stone revetment downcoast from the Anaheim Bay east jetty to retard the erosion but had to reinforce it the following year. In 1947, the revetment was further extended and a wood sheet- pile bulkhead established to strengthen the shore road. In the 1940s, 1,422,000 cubic yards of material were placed on the beach. Additional material has been placed along the Surfside- Sunset Beach shoreline on a regular basis over the years and is expected to be needed on an on-going basis. Much of the area northwest of Pacific Coastal Highway was once a marsh and slough and was dredged and redeveloped to establish part of Sunset Island and Huntington Harbour in the 1960s. The development of these communities destroyed the marsh-slough habitat. The developed area of Sunset Beach does not provide a suitable habitat for wildlife or native vegetation because of its highly urbanized character, although certain avifauna may forage on the beach. Along the sandy beaches of the Specific Plan area, plankton, organic detritus, and debris form a primary food source for many of the macroscopic (i.e., large enough to be observed by the naked eye) species of marine animals, such as beach hoppers, sand crabs, and various species of clams. Also, microfauna could possibly be a food source for invertebrate macroscopic filter feeders. Filter and deposit feeders provide a food source for many fish species such as barred surfperch and California corbina, and also for numerous shore birds such as willets, whimbrels, dowitchers, plovers, and gulls. In turn, many of the vertebrates, especially the fishes, provide a food source for larger carnivorous vertebrates such as other fishes and mammals. Many invertebrate species are subject to cycles of abundance and rarity on any segment of sandy beach shoreline. The fish species present are frequently taken by in-shore anglers but are not exclusively confined to the shallow water of the open coast sandy beaches; they can also be found in deeper waters, or in bays and harbors, depending on such factors as migratory habits, spawning habits, weather conditions, wave conditions, and currents. Pismo clams are known to exist all along the intertidal and subtidal zones of the sandy beach shorelines from Anaheim Bay Harbor to the entrance to Newport Harbor. This bivalve is an important resource sought by recreational Clammers. The open coast sandy beach in the Specific Plan area and vicinity are spawning habitat for the grunion. Other fish species such as the barred surfperch and California corbina are found in the surf zone feeding primarily upon sand crabs. Common sandy beach organisms such as sand crab, pismo clam, bean clam, and polychaetes are known to exist intertidally and subtidally along the Surfside-Sunset Beach shoreline in spite of previous beach deposition (sand replenishment)operations. I � ni icf,L'PntPm hPr 7n�n '- t3 '� � 4: Item 13. ® Page 438 -580- � $� n __ Draft Sunset Beach Specific Plan 2.2 Land Use The Sunset Beach Land Use Plan is intended to implement the goals of the City of Huntington Beach General Plan and Local Coastal Program. Broadly stated, the goals for the area are to: ® Maintain and enhance the special character of Sunset Beach. ® Protect, maintain, and, where feasible, enhance and,restore the overall quality of the coastal zone environment and its natural and man-made resources. ® Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social economic needs of the people of the state. ® Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners. ® Assure priority for coastal-dependent and coastal-related development over other development on the coast. ® Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone. More specifically, the City of Huntington Beach Sunset Beach Land Use Plan proposes to carry forward the land use designations previously approved by the County of Orange and California Coastal Commission. However, for consistency with the City's General Plan, some of the designations are different in name, though the types of permitted uses are similar. These uses will also be governed by the more specific regulations of this Specific Plan, as set forth in Section 3. The Sunset Beach Land Use Plan is illustrated in Exhibit 2.1. The Plan designates the 409-134 acre Specific Plan area as follows: Land Use Designation Acres Residential High Density-30 22.32 Commercial Visitor-Mixed Use Overlay 9.16 Public 13.00 Open Space-Shoreline 334-757.74 Open Space-Water Recreation 3.40 Right of Way 28.26 Total 109-31133.88 Aug 2010 Pana 1n _587- IItem 13. m Page 439 Draft Sunset Beach Specific Plan The Residential High Density designation has a General Plan/Local Coastal Program density category of greater than 30 units per net acre, denoted by"-30"to reflect the existing density condition of some parts of Sunset Beach. The Commercial Visitor designation has a Mixed Use ("-mu") Overlay, which permits residential uses in conjunction with the underlying commercial designation. This is in recognition that the Specific Plan allows for residential units above the ground floor in the CV area.2 In addition to the underlying land use designations, and the notations for RH and CV described above, the entire area has a Specific Plan Overlay ("-sp") designation in recognition of the need and existence of a specific plan for the Sunset Beach area. The City of Huntington Beach General Plan and Local Coastal Program also use Subarea designations to identify areas that are unique in the city, serve certain functions or have area- specific goals or regulations. The Sunset Beach Specific Plan area will be designated as Subarea 4L on the City's Community District and Subarea Schedule in the General Plan and Local Coastal Program. Those Subarea Schedules refer the reader to this Specific Plan for development regulations. 2 The County's existing Specific Plan allows residential uses above the ground floor in the Commercial Visitor(Sunset Beach Tourist District)area.A 2010 review of existing development in Sunset Beach indicates that there are approximately 80 residential units in the areas designated for principally commercial uses.Of these,only approximately Ave units..eFe l,,cated .,heve,.,,..,. eFrzial us A....... C..r.ii.m h..r I)A4A Item 13. - Page 440 -582- s➢p 0 Cn . 00 CD CD Jf�('`�v'/ 7 IN a r 0 � LEGEND 00 Residential High Density Parcels Commercial Visitor-Mixed Use Overlay Right Of Way Public Huntington Beach Boundary �= Open Space-Shoreline Sunset Beach Boundary Open Space-Water Recreation -sp Specific Plan Overlay ' 3 .� This designation applies to all Land Uses for this area. � w 0 Exhibit 2.1 Land Use Plan � I Draft Sunset Beach S,vecind Plan Land Use Plan Guidelines The City's General Plan and Local Coastal Program contain numerous goals, objectives and policies that further and are consistent with the overall goals for the Sunset Beach area. However, due to the unique nature of Sunset Beach and the fact that it is already almost fully developed at the time that this Specific Plan is being created, previous Land Use Plan Guidelines contained in the original County of Orange Sunset Beach Specific Plan are being carried forward to the extent that they are still relevant. The Land Use Plan Guidelines below are designed to: implement the Land Use Plan, specifically; carry out the intent of the General Plan and Coastal Act consistent with the desires of the community; and be a supplement to the City's General Plan and Local Coastal Program, which also contain relevant policies. The Guidelines consist of the Land Use Map (see Exhibit 2.1) and the following text: Beach and Sand Area 2.2.8 Existing beach and sand areas shall be maintained in their present form: i. to preserve the unique public recreational character of Sunset Beach; recreation shall be defined as passive and active recreation that is in conformance with the development guidelines of the Sunset Beach Land Use Plan. ii. in cooperation with the State Department of Fish and Game, to protect and preserve the natural habitat of spawning grunion, pismo clam and other shellfish beds, porpoise feeding and sporting grounds, feeding grounds for the California brown pelican, grebes, cormorants, terns, gulls and all other natural sea life and waterfowl. iii. to protect beachfront residences and maintain both public and private open ocean view and access. 2.2.9 The following shall be adhered to to maintain the existing beach and sand areas: i. Dredging and sand replenishment shall be scheduled during fall and winter months to reduce conflict with sunning, swimming and other shoreline water activities. ii. The city shall cooperate with the United States Army Corps of Engineers and other applicable agencies regarding all sand replenishment activities. iii. Sand replenishment shall be deposited at the northwest end of the beach in the area contiguous to the U.S. Navy Ammunition & Net Depot harbor groin, the point of primary and maximum erosion. From that point sand shall be distributed southeastward down the beach by natural wave and current action. This will avoid the destruction of natural marine life habitat. At the same time it will preserve the recreational character of the beach and the fine grain and cleanliness characteristic of alluvial ocean sands. Sand shall not be pumped directly on the beach within Sunset beach except in response to immediate danger to residences. A- _T-zt SPntamhPr 9n1(l Item 13. - Page 442 -584- m Draft Sunset Beach Specific Plan iv. No government or private agency shall construct or cause to be constructed any structure including but not limited to jetties, groins, berms, etc., that may alter natural shoreline processes such as wave action, channel depths or general beach configuration except when such protective structures are required for existing structures or public beaches in danger of erosion. V. Permanent above-ground structures on the beach and sand areas shall be prohibited. vi. To fulfill visitor serving needs, to minimize personal injuries and to reduce liability, sanitation shall be maintained by properly and routinely cleaning and maintaining the beach and sand area from ocean edge to the artificial dune. The protective growth barrier shall be maintained by property owners. 2.2.10 To protect residences and the Sunset Beach sanitary system from flood waters and excess wind-driven sand, to preserve that sand in the beach area thereby reducing replenishment costs, and to enhance the appearance of the benefit of visitors, preservation and maintenance of the artificial dune by residences shall be retained and encouraged, in keeping with Orange County Board of Supervisors Resolution Nos. 80- 188 and 80-1057. 2.2.11 Scenic vistas shall be maintained, see Exhibit 2.2., Scenic Vista Viewpoints. 2.2.12 Public access to the beach shall be maintained. i. The 27 existing public access points to the beach shall be retained in perpetuity, see Exhibit 2.3, Existing Beach Access. ii. Signs denoting the Public Beach shall be maintained at the signalized intersections of Anderson Street, Broadway Avenue and Warner Avenue along Pacific Coast Highway. Signs shall not exceed four square feet. Auqu September 2010 - -- -Q�^.id _585- A Item 13. ® Page 443 L�U Co TT _ Co C � Co Cb ru Pacific Coast Hwy. o � CD Yn F a` I Ra, oi,dq ft . wx '�� - - (Pacific Coast Hw .. �.z.�y, S 't {�i� ,�yk�p a,�5r• 5 S,� - '`��,}, ,p i. �i1B. y _ i '°" hr �$.r'� a7 F-:. ,R..° -%�,v .v� � °w,ra ..+'�:'�`.�: .X^.� 5 ... ,.�.ro r ,+*- ''q' M•F _ ...� _.... ._r s„ _ F a 3:1, LEGEND, =mom Boundary of Scenic Corridor 'r 0 100 200 400 Scenic;mma Feet, Exhibit 2.2 Scenic Vista Viewpoints N LJ -Pacific Coast Hw�r r �- - Pacific Coast Hvvy cE i PIL m LEGEND . Access Points ■ Trafricsignal ® 0 1.00 200< 400 Public Parking .Feet. Exhibit 2,3 Existing Beach Access Draft Sunset Beach Spec mi'Plan Inland Waterways 2.2.13 Inland Waterways shall be publicly accessible and maintained in a manner that is sensitive to the natural environment i. For greater use by the general public, all channels and public waterways in existence as of February 2, 1965, on which date, by Resolution 65-112, the Orange County Board of Supervisors established the channel widths, shall be maintained as public waterways. Location of bulkhead lines and encroachment areas shall be established and no structures shall extend beyond the bulkhead line except for ramps (gangways) and docks. ii. Every effort shall be made to protect and preserve existing natural sea life and waterfowl, and to maintain "clean" water. iii. To meet visitor-serving needs, the 111h Street public beach shall be retained in its present general configuration, or if reconfigured, shall provide equivalent recreational opportunities and shall be properly maintained. Visitor Serving Commercial 2.2.14 Existing commercial facilities should be retained. 2.2.15 Should any existing residence presently on property designated for commercial use be destroyed, such may be rebuilt as a residence providing it conforms to the provisions of the residential guidelines. 2.2.16 Where commercial uses abut residential property, no balconies, decks or open areas intended for public use shall be allowed to infringe on adjacent residential property. Residential 2.2.17 All legally created residential building sites shall be permitted only two dwelling units per site, unless approved otherwise prior to adoption of this Specific Plan. 2.2.18 Affordable housing shall be provided consistent with the City of Huntington Beach Zoning and Subdivision. Low/moderate cost rental units should be replaced when redevelopment occurs. 2.2.19 Conversion of multi-unit buildings into condominiums shall be allowed only if the building meets the Specific Plan standards. 2.2.20 Public service facilities shall be a permitted use in a residential use area. 1 A�►gu g-September 2010 T ¢4 ���_�� � _1 , 2. Item 13. - Page 446 -���- � � x�_ . Draft Sunset Beach Spectic Plan 2.3 Circulation Regional Transportation A network of freeways and arterial highways provide regional access for Sunset Beach. The major arterial regional facilities serving the community are Pacific Coast Highway and the San Diego Freeway. Arterial highways link these two facilities to each other and to Sunset Beach. Several arterial highways connect Pacific Coast Highway with inland areas and the San Diego Freeway. Seal Beach Boulevard and Warner Avenue are both designated as major arterial (six lane, divided) highways and provide connections with Pacific Coast Highway at points north and south, respectively, of Sunset Beach. The arterial highway network serves both the motorist and the public transit rider. Countywide and regional access via transit is designed primarily by the Orange County Transportation Authority(OCTA), which operates an extensive system of fixed routes and dial-a-ride service throughout Orange County. OCTA's service to the Sunset Beach area is quite extensive. OCTA route#1 utilizes Pacific Coast Highway between Long Beach/Seal Beach and San Clemente, providing north-south service to Sunset Beach. Three other OCTA routes terminate at Pacific Coast Highway and Warner Avenue at the southern end of Sunset Beach; they provide direct service to the beach from inland Orange County areas. The Pacific Coast Bikeway follows Pacific Coast Highway and serves as a major north-south route within Orange County and the only bikeway adjacent and parallel to the coastline. Bikeways connecting to Pacific Coast Highway generally follow arterial highways. Seal Beach Boulevard and Warner Avenue both include bikeways. All of the above bikeways are included in the Master Plan of County-wide Bikeways. Sunset Beach Transportation Most of the traffic utilizing Pacific Coast Highway in the vicinity of Sunset Beach is either passing through the area or destined to development adjacent to the community. The approximately 700 dwelling units and various commercial enterprises within Sunset Beach generate a relatively small portion of the trips using the Highway. For most of its length in the vicinity of Sunset Beach, Pacific Coast Highway is a four lane facility with painted median. Some additional development and redevelopment within Sunset Beach may occur, but the impact of this upon the arterial highway system should be minimal. However, increased development in the areas surrounding Sunset Beach and growing demand for access to coastal resources could further impact Pacific Coast Highway and the arterials leading to it. Because of the constraints inherent in acquiring additional right-of-way for Pacific Coast Highway both within and outside of Sunset Beach, it may be impractical to provide additional travel lanes. Better utilization of the existing right-of-way is a more realistic possibility. As new development and redevelopment occurs, improvements can be made that provide for safe and convenient use of the Highway by pedestrians, bicyclists, and transit vehicles. Also, any new commercial development will have to provide off-street parking and be designed to minimize the number of direct access points to Pacific Coast Highway. An integrated traffic signal system August-Sgptember 2010 h aMMdK4 M -7 _ *7_2 _589- IItem 13. ® Page 447- Draft Sunset Beach Specific Plan within Sunset Beach can facilitate the flow of traffic. Expanded transit service along Pacific Coast Highway and through the area, to be provided as demand warrants and as financial resources become available, should encourage additional transit use and might somewhat reduce traffic along Pacific Coast Highway. Pacific Coast Highway is operated and maintained by the State Department of Transportation (CalTrans). Thus, any improvement to the Highway is subject to their approval. Local circulation within the Sunset Beach community is tied to parking opportunities and traffic control. Traffic patterns seaward of Pacific Coast Highway revolve around the parking facility located between North and South Pacific Avenues. Traffic movements on other streets are limited by narrow right-of-way and heavy on-street parking. Although there are adequate parking spaces available to meet public, commercial, and residential parking demand, the distribution of available parking negatively affects the supply- demand balance, which causes deficiencies to occur in certain areas. To alleviate the problem, existing parking opportunities need to be retained within the community and maximized wherever possible. Adequate off-street parking will be required in conjunction with all new development or redevelopment of properties. Specific policies and guidelines relating to parking are included in this Specific Plan. Increased transit service and bicycling opportunities should provide access to beach uses without requiring such additional parking. Local circulation and traffic safety will be enhanced by appropriate speed limits. It is expected that the existing 15 miles per hour speed limit on all Sunset Beach Streets, except Pacific Coast Highway, will be retained; however, speed limits must be periodically reviewed to be enforceable. Circulation and safety will also be enhanced by retention of the parking restrictions on North and South Pacific Avenues. Also, conversion of Bay View Drive to one-way operations will be evaluated as a means to improve circulation inland of Pacific Coast Highway. Based on the foregoing, the following circulation policies shall be adhered to: Transportation/Circulation 2.3.1 Speed limits shall be periodically reviewed and vigorously enforced on all local streets within Sunset Beach. 2.3.2 The City shall work with CalTrans to maintain and/or improve signal timing on Pacific Coast Highway. 2.3.3 The City will evaluate a proposal to widen North Pacific Avenue between signalized Warner Avenue and 5th Street to provide two-way traffic on such widened section. There shall be no condemnation of private property for such purposes. 2.3.4 The feasibility of converting local streets west of Broadway, to one-way circulation shall be evaluated. 2.3.5. Pub!*G tFaR6peFtat*9R faGilities other than bus steps shall be leGated adjaGent to the aFea of greatest publiG need (i.e. Belsa ChiGa State Beach or Warner Avenue tUFRaround). by the publin in the Sunset Beach aFea 7•�'x" Item 13. ® Page 44 _590- AT 1 AC'HINAl��.�`� a � 23 Draft Sunset Beach Specific Plan 2.3.6-5 Required street and highway dedication and improvements normally required per the City Code are not applicable to the Sunset Beach Specific Plan area except for those properties abutting Pacific Coast Highway. However, street dedication for 4th through 26th Streets shall conform to the Typical Section for those streets, as shown in Exhibit 2.4, Typical Section. 12.3.7--6 Pacific Coast Highway is designated a"scenic highway." To ensure that those scenic characteristics are enhanced, public and private projects shall, wherever feasible, provide landscaping wherever there is adequate space. Parking 273-.92.3.7 To the maximum extent feasible, to maximize visitor servicing needs and ensure public safety, the City shall encourage CalTrans to stripe Pacific Coast Highway to provide a safe width for parallel parking. 24-92.3.8 All existing on-street parking shall be retained within Sunset Beach and wherever possible establish programs to maximize their use, except when public safety is compromised. 2734-02.3.9 There shall be no parking on North and South Pacific Avenues, except in front of driveways by permit only. 2.3.112.3.10 In order to facilitate visitor serving needs, diagonal parking shall be allowed on Anderson Street and Broadway Avenue. 2.3.11 All street ends, except for emergency access, opening onto the beach shall be fully developed for public parking prior to any other public parking development. 2.3.12 Street ends on the inland side of Pacific Coast Highway will be evaluated for opportunities to develop public parking. 2.3.13 Innovative programs to maintain the existing parking supply in residential areas and to provide flexibility for commercial uses shall be encouraged. 2.3.14 Signage and parking control to manage parking supply shall be implemented. Au9st-September 2010 - • y k yIrg OH4 -591- Item 13. - Page 44 �B+ � y � O e � .� CO D � D D CO CD CD -D 35'' ROWCO v ® � cn 28` PAVED CD 5' SI D EVtifAL IC 10' 10 8' PEA RKI'N G 2' a r Exhibit 2.4 Typical Section s Draft Sunset Beach Specific Plan 2.4 Flooding and Shoreline Structures The Federal Emergency Management Agency (FEMA) currently designates all of the developed area of Sunset Beach and a majority of the beach as Flood Zone X, which are areas of 500 year flood and areas of 100 year flood with average depths of less than one foot of flooding and areas protected by levees from 100 year flood. A small portion of the beach at the ocean edge is designated Flood Zone VE, areas of Coastal flood with velocity hazard. Despite the Flood Zone X designation, flood damage in Sunset Beach can occur at times of abnormally high tides when waves overtop the berm and water flows towards the houses. Flood damage resulting from this process, called over-wash, can be reduced by raising the living area of the homes above the level of flowing water. Therefore, special design consideration must be given to development along the shoreline because ocean-water can create a flooding problem. The County of Orange completed a Coastal Flood Plain Development Study, in 1985, to analyze safety measures-for structures along the coast. Design guidelines for residential development along the coast are established in Chapter Four of the Coastal Flood Plain Development Study as amended. These guidelines are based on the assumption that the beach will be artificially maintained with a width of at least 150 feet from the ocean-facing private property line. Flowing water is the only design consideration. Should the beach retreat to less width, the possibility of storm erosion and breaking wave activity at the structures may occur and flood protection as regulated by these design guidelines will not provide protection from wave impact forces. Revised design guidelines must then be modified to reflect the circumstances. The County designated the homes seaward of South Pacific Avenue as being in a—FP3 district, subject to flood hazard. The Coastal Flood Plain Development Study requires that any new structure in this area be raised to a specific height above a point on South Pacific Avenue. In addition to providing protection against flood damage, the requirement to build on piling along South Pacific Avenue provides a safety margin should conditions at Sunset Beach return to the way they were in the 1930s when homes were vulnerable to attack by waves. Homes on shallow footings can be rapidly damaged or destroyed if their sand support is lost to erosion. Existing lawful nonconforming residential uses may be severely impacted by the Coastal Flood Plain Development Study and will require special consideration. The publicly owned Sunset Channel has been privately bulkheaded and the streets and alleys, where they abut the channel, were bulkheaded by the County. As set forth in Section 3, new development shall be required to comply with flood plain regulations and the County's study. 2.5 Infrastructure and Utilities Infrastructure Public facilities analyses of infrastructure requirements and detailed design, construction and phasing will be completed as required by the City of Huntington Beach Department of Public Works. Future development within the Specific Plan area will be responsible for the A Sgptember 2010 A��.a V ^I ti W, "°---`° -593- Item 13. - Page 451 Draft Sunset Beach Specific Plan construction of public facilities improvements concurrent with individual project development, subject to review and approval of the Director of Public Works. Water System The City of Huntington Beach has provided domestic water to the Sunset Beach area since fiscal year 1964/65, when it purchased the Sunset Beach Water District. Upon annexation, domestic water for the Sunset Beach area will continue to be provided by the Public Works Water Division of the City of Huntington Beach. The Water Division provides water to all of the customers within the City of Huntington Beach. The Water Division has use of both underground and imported water sources to service the area. The underground supply comes from nine existing wells, and imported water delivered to the City of Huntington Beach by the Metropolitan Water District (MWD) at three locations. The Specific Plan area is part of the City's Master Plan for Water Service. All water improvements shall be designed to the City of Huntington Beach water standards for future City acceptance and approval. Locations of fire hydrants and apparatuses will be reviewed for each project by the Fire Department and Water Division of the City of Huntington Beach to ensure adequate fire flow and pressure. Sewer System The Sunset Beach Sanitary District, formed in 1930, is responsible for the review and approval of the collection of wastewater within the project area, and the Orange County Sanitation District (OCSD) is responsible for the treatment of wastewater. Upon annexation, wastewater service will continue to be provided by the Sunset Beach Sanitary District. Storm Drainage The City of Huntington Beach and the Orange County Public Works/Flood Control Section are the agencies responsible for the flood control system in the vicinity of Sunset Beach. New drainage facilities constructed within the Specific Plan area will be maintained either by the City or privately maintained by a homeowner's association. Any drainage facilities designed or sized to accommodate upstream drainage will be designated as public facilities and maintained by the City. Due to the high greundwateF GOnditions, Only drainage that is required by City of Huntington Beach Codes and the ordinances of the Sunset Beach Sanitary District shall be drained into the Sunset Beach Sanitary System lines. All other drainage, such as rain water, irrigation water and other on-site drainage shall drain to the public street or public storm drainage system. All development shall meet the provisions of this requirement. Where new storm drains are necessary to accommodate development, they shall be sited and designed to discharge in the least environmentally sensitive location. Storm Drains and/or Catch Basins shall be marked "No dumping- drains to Ocean" or with other appropriate local insignia. Item 13. v Page 452 -594- Draft Sunset Beach Specific Plan Water Quality The City of Huntington Beach is a coastal community noted for its beaches, which attract numerous people to the area. The beaches support the City's economy and the well being of the City's economy is dependent on maintaining quality of coastal waters. The flow of untreated stormwater and urban runoff can have an adverse impact on the quality of coastal waters since storm drains eventually discharge into the ocean. The City's Coastal Element notes that the City can upgrade water quality by controlling pollutants that enter coastal waters through urban runoff. The City's Coastal Element contains the water and marine resource policies requiring that measures be implemented to mitigate the adverse impacts of human activities on the marine environment. To protect coastal waters, the following water quality measures shall be implemented in conjunction with any new development- or significant redevelopment: ® All new development and significant redevelopment, shall comply with the State of California, California Regional Water Quality Control Board Santa Ana Region, Order No. R8-2009-0030 (NPDES No. CAS 618030) or subsequent permits. Projects shall comply with the Orange County Drainage Area Management Plan (DAMP), all applicable local ordinances and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 2009-0009-DWQ), and any subsequent amendments, revisions, or re-issuances thereof. ® Prior to issuance of a Coastal Development Permit (CDP), a Preliminary Water Quality Management Plan (WQMP), shall be submitted for review by the Public Works Department, and shall be based on consistency with the provisions herein. New development and significant redevelopment projects shall incorporate Low Impact Development (LID) principles, design elements, and/or Best Management Practices (BMPs)that will effectively prevent runoff contamination, and minimize runoff volume leaving the site in the developed condition, to the greatest extent feasible. ® Prior to issuance of a Grading or Building Permit, a final WQMP shall be submitted for review and acceptance by the Public Works Department. ® All proiects that include dewaterinq shall obtain coverage under the State of California, California Regional Water Quality Control Board Santa Ana Region de minimis permit, currently Order No. R8-2009-0003 (NPDES No. CAG998001) and subsequent iterations of this permit. Utilities There are several public utility service providers in the Sunset Beach Specific Plan area as described below. Adequate facilities exist for the service needs of the area. Electricity Electrical service to the area is provided by the Southern California Edison Company. Existing transmission and distribution lines are adequate to service current and potential future needs. August-September 2010 -595- Item 13® ® Page 453 Draft Sunset Beach Specific Plan Natural Gas Natural gas service in the Specific Plan area is provided by the Southern California Gas Company. Adequate facilities exist for current and potential future needs. Telephone Telephone service in the Specific Plan area is provided by Verizon. Cable Television Cable television service within Sunset Beach is provided by Time Warner Cable. Solid Waste Disposal Rainbow Disposal Company currently provides solid waste disposal services for the area. An adequate level of service can be maintained based on anticipated demand for the Company's service area. n ��+ �,antamhar 7f11 f1 � s w 5 Item 13. ® Page 454 ��?�4 Draft Sunset Beach Specific Plan 30 Development Standards 3.1 Purpose The Sunset Beach Development Standards will be applied to individual development in the Sunset Beach area and are adopted for the purpose of promoting the health, safety and general welfare of the Sunset Beach community and the City of Huntington Beach. More specifically, these regulations are intended to provide the standards, criteria and procedures necessary to achieve the objectives below. ® Provide maximum opportunities for community design and site planning, consistent with orderly development and protection of sensitive and natural resources, with a logical and timely sequence of community and government review and input. ® Improve the visual image and general aesthetics of Sunset Beach. ® Implement the applicable policies of the California Coastal Act and preserve, protect'and enhance the Coastal Zone resources of particular value to the Sunset Beach community, City of Huntington Beach, and the State of California. ® Implement the intent and purpose of the Sunset Beach Specific Plan. 3.2 General Provisions The provisions herein shall govern the design and development of the Sunset Beach Specific Plan area. Standards and/or criteria for development and activities not specifically addressed in this Specific Plan will require referral to the current provisions of the Huntington Beach Zoning and Subdivision Ordinance and Municipal Code. Whenever an activity has not been specifically listed as being permitted in a particular District of the Specific Plan, it shall be the duty of the Planning and Building Director to determine if it is consistent with the intent of this Specific Plan and compatible with other permitted uses. All development activity within the Sunset Beach Specific Plan area will be subject to the following general conditions and requirements, as noted, as well as the Land Use Plan Guidelines in Section 2.2. 3.2.1 Any conditions, requirements, or standards, indicated graphically or in writing, that are a part of an approved subdivision map, Coastal Development Permit or variance, approved in compliance with these regulations shall have the same force and effect as these regulations. Any use or development established as a result of such approved permit but not in compliance with all approved conditions shall be in violation of the Sunset Beach Development Standards and City of Huntington Beach Zoning and Subdivision Ordinance. 3.2.2 All construction and development within the Sunset Beach Specific Plan area shall comply with applicable provisions of federal and state regulations. 3.2.3 All construction and development within the Sunset Beach Specific Plan area shall comply with applicable provisions of the Uniform Building Code and other various Attest-September 2010 �F-.-i .. ....A y 4_ > r-0-, , -597- ' Item 13. - Page 455 Draft Sunset Beach Specitc Plan Mechanical, Electrical, Plumbing and Housing Codes related thereto as well as the Municipal Code of the City of Huntington Beach. 3.2.4 All construction and development shall comply with the regulations contained in Chapter 17.56 of the Huntington Beach Municipal Code (Fire Code) and City Specifications, except Section 3.3.4 2e and f of this Specific Plan shall prevail unless wider drive aisles, Per City Specifications, can reasonably be accommodated . 3.2.5 In these land use development standards, for all regulatory areas, when more than one description may apply to a given use, the more specific description shall determine if a use is allowed, or prohibited. 3.2.6 Terms not specifically defined in the Specific Plan shall have the same definition as used in the City of Huntington Beach Zoning and Subdivision Ordinance. When consistent with the context, words used in the present tense include the future tense; words used in a singular number include the plural number. The word "shall' is always mandatory and the word "may" is permissive. 3.2.7 Pacific Coast Highway, as it passes through the Sunset Beach Specific Plan is designated a Scenic Highway. 3.2.8 All legal residential building sites in existence on the date of initial adoption by the Board of Supervisors, of the Sunset Beach LCP on March 30, 1983, shall be permitted two dwelling units per site, unless approved otherwise. New building sites created by a tract map, parcel map, lot consolidation, or any other legal method are also limited to two dwelling units per building site. 3.2.9 Development projects shall be required to install adequate utility services necessary to serve the development. Utility systems shall be designed to conserve the use of electrical energy and natural resources 3.2.10 Due to the high groundwater conditions, only drainage that is required by City of Huntington Beach Codes and Ordinances, and the ordinances of the Sunset Beach Sanitary District, shall be drained into the Sunset Beach Sanitary System lines. All other drainage, such as rain water, irrigation water and other on-site drainage shall drain to the public street or public storm drainage system. All development shall meet the provisions of this requirement. 3.2.11 Temporary special community events, such as parades, pageants, community fairs, athletic contests, carnivals, and other similar uses, may be permitted in any area in the Sunset Beach Specific Plan area by approval of the Director of Planning and Building, subject to applicable permits. 3.2.12 Emergency vehicle access to the beach shall be at the ocean end of the signalized streets of Anderson, 19th Street, Broadway, 5th Street and Warner Avenue only. The center of such street ends shall be kept open and free at all times. All other side street ends opening on the beach may be developed for additional public parking. Such Aims + Con+omhcr')(1'1(1 Item 13® o Page 456 -598- Draft Sunset Beach Specific Plan additional public parking development shall not extend beyond the rear(oceanward) property line of the adjacent ocean front private property. 3.2.13 Park lands and park fees required for new development shall be in compliance with all applicable regulations of the City of Huntington Beach Zoning and Subdivision Ordinance. 3.2.14 Any building site abutting Pacific Coast Highway shall be required to provide a corner cut-off of 17 feet prior to the issuance of any building permits unless otherwise provided for by an approved Coastal Development Permit. 3.2.15 Required street and highway dedication and improvements per the City of Huntington Beach Zoning and Subdivision Ordinance shall not be applicable to the Sunset Beach Specific Plan area except for those properties abutting Pacific Coast Highway. 3.2.16 Building height is the vertical distance above the bottom elevation to the top of the structure (maximum height). This is established by enclosing the structure with an imaginary line five feet outside of the perimeter of the structure, or at the property line if it is less than five feet from the structure, and determining the average elevation from the imaginary line. 3.3 Regulations The Sunset Beach Specific Plan contains five districts, as depicted in Exhibit 3.1, Specific Plan Districts. The boundaries of these districts coincide with those of the Land Use Plan. The names for the Specific Plan districts are the same as used in the previous County SBSP/LCP. The regulations for each district follow. ASeptember 2010 -599- ' Item 13. ® Page 457 MA Cb D C 'D --l'� \. a CD UI CD 0 P v e = - _ 5 _ r-wt fi,x ..ti 'MIC� -,Z.ru" }O I',�c�', 'u•. .;�{ ku'ti't3'k»r ;. t;. ?' i 5.r F. ' C. LEGEND CL ® Sunset Beach Residential-22.32 Acres O Parcels �e ® Sunset Beach Tourist-9.16 Acres Right Of Way 0 Sunset Beach ParMng Facility-13.00Acres --- Huntington Beach Boundary Sunset Beach Beach Area-33.17 Acres Sunset Beach Boundary 0) m sBw,' Sunset Beach Waterways-3.40Acres Cr CD a, Exhibit 3.1 Specific Plan Districts v Pco 03 w 0 Cn CD CD 4. L 00 R r M, Cyr iCD y O ( 5 of 1 LEGEND e Sunset Beach Residential-22.32 Acres Parcels Sunset Beach Tourist-9.16 Acres Right Of Way Sunset Beach Parking Facility-13.00Acres Huntington Beach Boundary Sunset Beach Beach Area-57.74 Acres Sunset Beach Boundary Sunset Beach Waterways-3.40Acres o D u Exhibit 3.1 Specific Plan Districts Draft Sunset Beach Specltic+Plan l 3.3.1 Sunset Beach Residential A. Purpose The Sunset Beach Residential (SBR) District is intended to permit the establishment and maintenance of high density residential neighborhoods. It is intended that each residential structure be independent from adjoining property by setbacks. Only those uses which are complementary to and can exist in harmony with the residential uses are permitted. B. Principal Permitted Uses The following principal uses are permitted subject to the approval of a Coastal Development Permit by the Planning Commission. 1. Duplex dwellings 2. Single-family dwellings and single family mobile homes. 3. Residential Condominium, stock cooperative, and community apartment projects. 4. Residential Condominium conversions. 5. Additions to lawful nonconforming residential uses. Additions must comply with all applicable development standards. C. Other Permitted Uses Other permitted uses subject to a Coastal Development Permit by the Planning Commission. 1. Community recreation center. 2. Community service center. 3. Community facility. 4. Public Safety Facilities. 5. Parks and playgrounds (non-commercial). 6. Public service facilities. D. Accessory Uses and Structures Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted principal use on the same building site. 1. Limited Day Care, Limited Residential Care, and Large Family Day Care, as defined by the HBZSO. Large Family Day Care shall require neighborhood notification pursuant to Section 241.24 of the HBZSO. A1au;tSeotember 2010 Fagg --1 5 Item13. - Page 460 -602- p` _ - Draft Sunset Beach Specilid Plan 2. ' Fences and walls per Section 3.3.5 except as modified by special provisions set out in Section F.3.c"Building sites between Pacific Coast Highway and the Sunset Channel and those building sites fronting on Park Avenue" and Section F.3.d "Building sites between Bay View Drive and Sunset Channel". 3. Garages and/or carports per Sections 3.3.4 and 3.3.7. 4. Home occupations per the HBZSO. 5. Noncommercial keeping of pets and animals per the City of Huntington Beach Municipal Code. 6. Pools and spas, except due to the limited sewerage capacity, no such swimming pool or spa over 1000 gallons shall be connected to, or drained into, the public sewer system. 7. Signs per Section 3.3.6, except business signs which are prohibited. 8. Tennis courts. 9. Detached accessory buildings in compliance with Section 3.3.7. E. Prohibited Uses. 1. All uses not permitted above are prohibited. 2. The storage of vehicles, equipment or products related to a commercial activity. 3. Community care and Human Service facilities cn^,;^^ ^^^moo+► aR 12 per-sons. F. Site Development Standards The establishment, operation and maintenance of the uses permitted by these district regulations shall be in compliance with the following: 1. Building Height—Up to three stories and not more than 35 feet maximum as measured from the centerline of the frontage street for structures in the FP-3 District or the minimum bottom elevation (see 2 below)for structures outside the FP-3 District. Such height and story calculations shall include mezzanines, patio roof covers, rooftop decks and attics with ^^Bing heights ever ow feet: however, a rooftop deck shall not count as a story. 2. Bottom elevation—for structures outside the FP-3 District, the finished floor elevation for new construction should be a minimum of two feet above the centerline of the frontage street or two feet above the highest perimeter curb elevation of the property, whichever is greater, unless the applicant can prove, using detailed hydrologic and hydraulic calculation, that the proposed finished floor elevation is protected from being flooded from a 100-year flood in a manner meeting the approval of the Director of Planning and Building. ASt-September2010 - -603- A (tern 13. ® Page 461 Draft Sunset Beach Specific Plan Front setbacks shall be measured from the ultimate right-of-way line. a. Beach Front Building Sites Front setback (street) 5 feet on ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 6 inches all floors, except in front of and alleys garages where 3 feet is required. Side setbacks adjacent to other 3 feet all floors, except for decks building sites. providing access on ground floor where 2 feet is allowed. Rear setback (on the sand) None Required. b. Building sites between North Pacific Ave. and Pacific Street Coast Highway Front setback (street) 5 feet on ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 3 feet on ground floor except in front and alleys.- of garages where 5 feet is required; 6 inches above ground floor. Side setbacks adjacent other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback 5 feet on ground floor, 6 inches above ground floor. c. Building Sites between Pacific Coast Highway and the Sunset channel and those building sites fronting on Park Ave., PCH and abutting the Channel. Front setback (street) 5 feet ground floor, 6 inches above ground floor. Side setbacks adjacent to street 6 inches all floors except in front of and alleys garages where 3 feet is required. Side setbacks adjacent to other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback (channel) 10 feet from bulkhead or rear property line, whichever is more restrictive on the ground floor, 5 feet above ground floor. A im c+Ccanlcmhar 7f11(1 P Item 13. - Page -604- Draft Sunset Beach Specific Plan Rear setback (channel) 10 feet from bulkhead or rear property line, whichever is more restrictive on the ground floor, 5 feet above ground floor. See Section 3.3.3.0 (Sunset Beach Waterways)for dock, gangway, and landing criteria. No structure higher than 12 inches from top of the bulkhead shall be permitted in the required rear setback except for a five foot security fence of open weave design to a maximum of 35 percent opaque. This height shall be measured from the top of the concrete bond beam of the existing bulkhead. d. Building Sites between Bay View Drive and Sunset Channel Front.setback(street) 5 feet ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 6 inches all floors except in front of and alleys garages where 3 feet is required/ Side setbacks adjacent to other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback (channel) 10 feet from bulkhead or rear property line, whichever is more restrictive on the ground floor, 10 feet on all other floors except that a balcony deck may extend 5 feet into the rear setback measured from the required building setback. See Section 3.3.3.0 (Sunset Beach Waterways) for dock, gangway, and landing criteria. No structure higher than 12 inches from top of the bulkhead shall be permitted in the required rear setback except for a five foot security fence of open weave design to a maximum of 35 percent opaque. This height shall be measured from the top of the concrete bond beam of the existing bulkhead. e. Building Sites between Bay View Drive and Intrepid Lane Front setback (Bay View) 5 feet ground floor, 6 inches above ground floor. Side setbacks adjacent to streets 6 inches all floors except in front of and alleys garages where 3 feet is required. Atgst-September 2010 _ a- A -605- Item 13. o Page 463 Draft Sunset Beach Specific Plan Side setbacks adjacent to other 3 feet all floors, except for decks building sites providing access on ground floor where 2 feet is allowed. Rear setback (Intrepid Lane) 5 feet all floors except that an open balcony deck on the second or third floor to 6 inches from the property line. 4. Open Areas. New residential units within areas b) and e) above shall include a minimum 90 square feet of open area by providing for 1) rooftop patios, 2) balconies or decks and/or 3) ground floor yards exclusive of required setback areas. Any such open area must have a minimum dimension of four feet six inches, shall be contiguous to the living area, and shall not face onto any adjoining lot. 5. All building plans shall provide an area for the storage of the minimum required number and size trash cans per dwelling unit as required by the trash removal service. This shall be concealed from public view. 6. Off-street parking shall be in conformance with Section 3.3.4 of the Sunset Beach Specific Plan Regulations. Additional parking shall not be required when additions, not exceeding 50 percent of the floor area of the total structure, are made to lawfully nonconforming residential uses. 7. All roof structures, such as air conditioning units, elevator equipment or other roof mounted appurtenances, shall be screened from view and shall not exceed the overall 35 foot height limit, except chimneys and other ventilation structures not to individually exceed the dimensions of two feet by two feet per flue and not to exceed the height of the building by more than 10 percent. 3.3.2 Sunset Beach Tourists A. Purpose The Sunset Beach Tourist (SBT) District is intended to permit the establishment, operation and maintenance of a commercial area that will supply the needs or tourists, visitors, and the local community. Whenever the occupancy or use of any premise is changed to a different use or the existing use is altered, enlarged, expanded or intensified, parking to meet the requirements of this section shall be provided for the new use or occupancy. This provision shall not apply to the addition of rooms or other alterations to lawful nonconforming residential dwellings in a commercial zone that do not increase the total floor area more than 50 percent. As an aid in determining the amount of intensification occurring since 1985, the document prepared by the LCP Board on November 9, 1985, IDENTIFICATION OF PROPERTY ZONED COMMERCIAL ALONG PACIFIC COAST HIGHWAY IN SUNSET BEACH, shall be used as a reference document. 4 i m �4 Ccnfcmhe�one n ... �Pa Item 13. - Page 464 -606- , f d �•3`► Draft Sunset Beach Specific Plan B. Principal Permitted Uses The following principal uses are permitted subject to the approval of a Coastal Development Permit by the Planning Commission. 1. Athletic/health/recreational clubs and centers. 2. Automobile service stations. 3. Bars, night clubs, and cocktail lounges. 4. Beauty shop or barber shop. 5. Parks and playgrounds. 6. Restaurants,drive-ins, and fast food establishment. 7. Other retail and service business associated with the needs of tourists, visitors, and the local community. 8. Hotels, motels. 9. Time-share projects. 10. Commercial boat docks. 11. Bed and breakfast. C. Other Permitted Uses Other permitted uses subject to a Coastal Development Permit by the Planning Commission. 1. Civic and government uses. 2. Community facility. 3. Public/private utility buildings and structures. 4. Residential Uses: a. Located above the first floor of a Principal Permitted Use. b. Parking for both the primary commercial uses and the residential use conforms to Section 3.3.4 of these regulations. C. Such residential use shall not exceed 50 percent of the gross square footage of the entire structure. Additions to lawful nonconforming residential uses are permitted if their cost does not exceed 50 percent of the market value of the residential use. D. Temporary Uses Permitted Seasonal Sales only shall be allowed per the City of Huntington Beach Zoning and Subdivision Ordinance Section 230.86. AugSg mber 2010 Dim- 1a -607- P Fern 13a ® Page 465, Draft Sunset Beach Specific Plan E. Accessory Uses Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted principal use on the same building site. 1. Garages and carports per Sections 3.3.4 and 3.3.7. 2. Fences and walls per Section 3.3.5. 3. Parking structures. 4. Outdoor dining areas. 5. Signs per Section 3.3.6. F. Prohibited Uses 1. All uses not permitted above are prohibited. 2. Wholesale businesses. 3. Outdoor advertising signs. 4. Sale of food or beverages from vehicles or push carts. 5. Firework sales. 6. Adult entertainment businesses. 7. All Temporary Uses whether under cover or in the open, except as provided in 3.3.3.D above and in General Provision No. 3.2.10. 8. Medical mariivana businesses. 9. Methadone related businesses. 10. Residential Alcohol Recovery, General, as defined by the HBZSO. 7711. Residential Drug Recovery and Drug Abuse Centers, as defined by the HBZSO G. Site Development Standards The establishment, operation, and maintenance of the uses permitted by this regulation shall be in compliance with the following provisions: 1. Building height— 35 feet maximum as measured from the minimum bottom elevation (see 2 below). 2. Bottom elevation—the finished floor elevation for new construction should be a minimum of two feet above the centerline of the frontage street or two feet above the highest perimeter curb elevation of the property, whichever is greater, unless the applicant can prove, using detail hydrologic and hydraulic calculation, that the proposed finished floor Item 13. a Page 466 -608- 4k 4t €a Draft Sunset Beach Specific Plan elevation has protection from being flooded from a 100-year flood in a manner of meeting the approval of the Manager, EIVINSubdivis Planning and Building Director. Those building sites abutting the Sunset Beach Waterways District shall have the additional requirement that the finished floor elevation also be set a minimum of two feet above the bulkhead. 3. Setbacks— Except as noted in a) & b) below, there shall be no required setbacks in the Sunset Beach Tourist District. a. A three foot setback is required for all structures adjacent to SBR district properties. b. Service stations per the City of Huntington Beach Zoning and Subdivision Ordinance. 4. All roof structures,such as air conditioning units, elevator equipment, or other roof mounted appurtenances, shall be screened from view and shall not exceed the overall 35 foot height limit, except chimneys and other ventilation structures not to individually exceed dimensions of two feet by two feet per flue and not to exceed the height of the building by more than 10 percent. 5. All lighting, both exterior and interior, shall be designed and located to confine direct rays to the building site. 6. All storage in cartons, containers, or trash bins shall be enclosed and shielded from view within a building or by a fence/wall not less than six feet in height. If unroofed, trash bins shall have lids. 7. Off-street parking. Per Section 3.3.4 herein. H. Lawful nonconforming residential use of property: Should any existing lawful nonconforming residential use presently on property zoned commercial be destroyed such may be rebuilt providing it conforms to the provisions of the residential uses and standards contained in the SBR District. 3.3.3 Public Facilities A. Purpose The Public Facilities District, including the Beach Area (SBB), Parking Facility (SBP), and Waterways (SBW) districts, is intended to permit the establishment and maintenance of community services in locations that will best service the uses in Sunset Beach. It is intended that these community facilities be compatible with the other land uses and included beachfront and parks, public parking facilities, and inland waterways. B. Sunset Beach Beach Area (SBB) 1. To protect beachfront residences and maintain public and private ocean views and access and to preserve the unique public recreational character of Sunset Beach, the existing beach and sand area shall be maintained in their present form. Auqust-_S ember 2010 ''` h:_„° q W_A-.."k ILl -t.U 7_ -609- ill-1Item 13. - Page 467' Draft Sunset Beach Specthc Plan 2. The 27 existing public access points to the beach delineated in the Sunset Beach Land Use Plan shall be retained and maintained in a manner promoting their use by the general public. 3. From the ocean front property line to the ocean there shall be no roadway, bike path, hiking trail, or parking facility. 4. Permanent above-ground structures on the beach and sand areas shall be prohibited, except for: a. Lifeguard towers b. Other facilities necessary for public safety. G-.5_Temporary uses and structures accessory to residential development shall be permitted within the 20 foot strip of beach property ergcontiguous to SBR properties subject to a Coastal Development Permit and a Public Property Encroachment Permit. Encroachments shall be limited to temporary/removable deck units, the top elevation of which shall not exceed four feet above the street level of South Pacific Avenue; landscaping not exceeding 30 inches in height above patio/deck surface at full -growth; and portable furniture. 5-6_Fire rings or any other fire on the beach shall be prohibited. 5`7_There shall be no advertising of any nature on the beach and sand areas. 7--.8_No governmental or private agency shall construct or cause to be constructed any structure including but not limited to jetties, groins, berms, etc., that may alter the natural shoreline processes such as wave action, channel depth, or general beach configuration except when such protective structures are required to protect existing structures or public beaches in danger from erosion. 5-9_Temporary recreational facilities for general public use may be permitted subject to a special events permits from the City of Huntington Beach. Such facilities shall be located at least 75 feet from residential property lines unless the facility is directly in front of the property of the applicant for the encroachment permit. C. Sunset Beach Parking Facility (SBP) 1. Parking control shall be in accordance with the City of Huntington Beach Municipal Code. 2. The present general configuration and facilities shall be retained. 3. There shall be no overhead or underground parking facility. 4. There shall be no parking meters or other mechanical control devices. 5. The City shall consult with the Sunset Beach LCP Review Board for recommendation before any facilities are changed or expanded or additional signs installed. eua c+gAntzmhPr 7nin Item 13. ® Page 468 -610- ... ,r ..=a � � •43 Draft Sunset Beach Specific Plan 6. There shall be no advertising of any nature. D. Sunset Beach Waterways (SBW) 1. For greater use by the general public, all channels and public waterways in existence as of February 2, 1965 (on which date, by Resolution 65-112, the Orange County Board of Supervisors established the channel widths) shall be maintained and operated as public waterways, subject to Sections 5 through 11 of the Codified Ordinances and Codes governing County waterways. They shall be properly bulkheaded to prevent erosion and resultant land filling, and dredged to maintain navigable depth and regulated to prevent impediment of channel navigation (as described in Sections 2-2-63 and 2-2-65 of the Orange County Codified Ordinance). All navigable channels shall be retained and maintained at the present width, no part of the channels shall be filled, and no encroachments shall be allowed except for bulkheads, gangways, and docks as provided in item number 2 below. 2. In addition to a Coastal Development Permit from the State, a Publis PFoper#y €RsreaGhm Harbor Permit (encroachment permit) is required for all existing and proposed bulkheads, gangways, and docks within the Sunset Beach Waterways. Bulkheads not within the SBW will require evidence of sound construction (building permit) concurrent with the application for an eRGreaGhmenta a harbor permit for dock and gangway attachments. The right to said permit shall be attached to the property and run with the ownership of the bulkhead frontage. As part of the eesreaGhmeet-harbor permit application process, a determination will be made for existing facilities as to whether they are in a state of good repair or a state of disrepair. Docks with inadequate floats resulting in partial submersion, sinking, or listing, broken or inappropriate decking material, inadequate supports or improper fastening devices (such as PVC pipe), and illegal and unsafe electrical wiring shall be deemed to be in a state of disrepair. All existing bulkheads, gangways, and docks will require ap ensreaslam a harbor permit and be brought into a state of good repair within two years of the adoption of amendment dated August 31, 1983. i All applications for a harbor permit shall be submitted to the Sunset Beach LCP Board for their review and recommendations prior to the issuance of said permit. 3. To provide greater public use of Sunset Channel from 11th Street to the northwest end of the channel, the channel encroachment line shall be 20 feet measured from bulkhead face (See Exhibit 3.2, Permitted Encroachment Areas Within Sunset Beach Channel and Exhibit 3.3, Criteria for Sunset Beach Channel Encroachments). Side setbacks for docks shall be two feet from each property line. This provision is intended to replace the pier lines set in Orange County Board of Supervisors Resolution No. 65-112. No deck or structure shall extend over or in front of the bulkhead in any channel, except a four foot by five foot landing or brow shall be permitted to extend past the bulkhead for access to a gangway to docks. Est-September 2010 -��7® Item 13® - Page 469 Draft Sunset Beach Specific Plan 4. To provide maximum public use of inland waterways in the channels running at 90 degrees to Pacific Coast Highway, the channel encroachment line shall be at 40 feet as measured from lot property lines existing prior to January 1, 1965 (see Exhibit 3.2, Permitted Encroachment Areas Within Sunset Beach Channel). 5. All bulkheads, gangways, and docks encroaching on public waterways shall be maintained in a state of good repair at all times. Failure to repair, upon written notice of the Director of Public Works shall be cause for revocation of the harbor permit. I 6. All eRGFeaGhrn harbor permits are subject to inspection by City of Huntington Beach or other regulatory authorities. 7. To meet visitor serving needs, the 11th Street public beach shall be retained in its present general configuration, or if reconfigured, shall provide equivalent recreational opportunities and shall be properly maintained. Small boats may be launched at the 11tn Street beach provided there is no use of trailers, sand dollies, or mechanical launching equipment. The launching of boats is specifically prohibited at all other publicly owned properties adjacent to Sunset Channel. 8. Any vessel that is occupied with the intent of being used as a residence is prohibited from using dock facilities or mooring overnight within Sunset Beach. 9. The renting or leasing of docks adjacent to private residences is permitted provided that one nine foot by 18 foot off-street parking space is provided for each boat for which mooring space is rented or leased. A-m mt Seotember 2010 Item 13. - Page 470 -612- 0 CO CD CD Cr Y / f � � � � �� su Channel Ln. ��` ! cn C, Intrepid n. ,,., _ - Pacific Coast Hwy. o Hf I- R-e M�Q-� Hi5- LEGEND 40'Channel Encroachment Area Hxy c� 20'Channel Encroachment Area . Sunset Beach Boundary 0 100 200 400 _ Feet Exhibit 3.2 Permitted Encroachment Areas Within Sunset Beach "� J Draft Sunset Beach Specific`Plan Note: Dimensions shown are maximum allowable for landing brow and encroachment area, and minimum allowable for side setback from each property line. This drawing is presented as general criteria for the installation of dock facilities and shall not be used in lieu of plans and specifications per the City of Huntington Beach Municipal Code. I I LOT LANDING 8ULKHEADI BROW I I ti j co ` z GANGWAY a 2 PIERJDOCK Now I QGL Xa I N I z I I Q I 5 I I I CHANNEL 4.2v+ !_ I "2'+ Yt I I FACE - E OF I I I j BULKHEAD 2' CHANNEL Exhibit 3.3 Criteria For Sunset Beach Channel Encroachments Auau&t-Ser#ember 2010 Item 13® ® Page 472 -614- Draft Sunset Beach Specific Plan Mechanical, Electrical, Plumbing and Housing Codes related thereto as well as the Municipal Code of the City of Huntington Beach. 3.2.4 All construction and deye pment shall comply with the regulations contained in Chapter 17.56 of the Huntingtonk ch Municipal Code (Fire Code) and City Specifications, except Section 3.3.4 2e an f of this S ecific Plan shall prevail unless wider drive aisles Per City Specifications, cart•,kasonably be accommodated . 3.2.5 In these land use developmeh standards, for all regulatory areas, when more than one description may apply to a give use, the more specific description shall determine if a use is allowed, or prohibited. 3.2.6 Terms not specifically defined in`h Specific Plan shall have the same definition as used in the City of Huntington Beach Zo 'ng and Subdivision Ordinance. When consistent with the context;words used in the, esent tense include the future tense; words used in a singular number include the plural umber. The word "shall" is always mandatory and the word "may" is permissive. ItSunset 3.2.7 Pacific Coast Highway, as it passes thro g Beach Specific Plan is designated a Scenic Highway. 3.2.8 All legal residential building sites in existen on th to of initial adoption by the Board of Supervisors, of the Sunset Beach LCP on arch 3 9 3, shall be permitted two dwelling units per site, unless approved othe se. New Iding sites created by a tract map, parcel map, lot consolidation, or any othe legal met od are also limited to two dwelling units per building site. 3.2.9 Development projects shall be required to install a equateesuti ' services necessary to serve the development. Utility systems shall be de ned to conserve the use of electrical energy and natural resources 3.2.10 Due to the high groundwater conditions, only drainage hat is required by City of Huntington Beach Codes and Ordinances, and the ordi ances of the Sunset Beach Sanitary District, shall be drained into the Sunset Beach`:. anitary System lines. All other drainage, such as rain water, irrigation water and other o, site drainage shall drain to the public street or public storm drainage system. All develop', nt shall meet the provisions of this requirement. ��� 3.2.11 Temporary special community events, such as parades, page nts, community fairs, athletic contests, carnivals, and other similar uses, may be p\ itted in any area in the Sunset Beach Specific Plan area by approval of the Director o'f lanning and Building, subject to applicable permits. 3.2.12 Emergency vehicle access to the beach shall be at the ocean end f the signalized streets of Anderson, 19th Street, Broadway, 5th Street and Warn* venue only. The center of such street ends shall be kept open and free at all times. ,,I other side street ends opening on the beach may be developed for additional public rking. Such �-�l�'c.�, per--• Au9ust-September 2010 -- -615® Item 13. ® Page 473 Draft Sunset Beach Specific Plan 3.3.4 Parking Requirements Off-street parking regulations, including minimum parking stalls required and bicycle parking, shall be provided in compliance with the City of Huntington Beach Zoning and Subdivision Ordinance Chapter 231 except that: 1. Residential a. Parking stall size for residential uses shall be a minimum of nine feet by 18 feet, whether the stall is covered or uncovered. b. One half of the required parking may be tandem for residential lots having less than 46 feet of street frontage. 2. All Other Permitted Uses a. No owner or tenant shall lease, rent, or otherwise make available to intended users any off-street parking spaces required by this article. b. Parking stalls for commercial uses requiring backing onto public streets shall be prohibited, except where they presently exist. In the case of minor alterations to existing structures, nonconforming parking stalls may remain subject to a Coastal Development Permit. Minor alterations are defined as those that 1) do not increase the intensity of use and 2) do not increase the existing parking capacity. c. Subject to a Coastal Development Permit by the Planning Commission, the off-street parking facilities may be located on separate non-contiguous building sites subject to recorded covenant that would guarantee their continuous maintenance for the uses they serve. Non-contiguous building sites shall be within 470 feet of the site of the uses they serve. d. Up to 50 percent of the required parking for commercial uses may be compact size, eight feet by 15 1/2 feet, subject to a Coastal Development Permit. The point of entry or exit for compact space shall be no closer than 20 feet from the ultimate right-of- way at the street opening. e. One-way accessways shall have a minimum width of 14 feet unless it is a fire lane which requires a minimum of 20 feet. However, see also General Provision 3.2.4. f. Two-way accessways shall have a minimum width of 24 feet. However, see also General Provision 3.2.4. g. The point of exit or entry from any off-street parking space, except compact, may be at the ultimate right-of-way to a street opening. h. Aisle width requirements of the City of Huntington Beach Zoning and Subdivision Ordinance shall prevail, except that one-way aisles with parallel parking on one or both sides shall be a minimum of 12 feet. fl .. -ot Ccnfcmhcr 7nifl �pr ¢ e -� > S0 Item 13. o Page 474 -616- Draft Sunset Beach Specitic'Plan i. Up to 40 percent of the required parking spaces may be tandem parking subject to a Coastal Development Permit by the Planning Commission. j. Subject to a Coastal Development Permit by the Planning Commission, a reduction in the number of required parking spaces may be allowed for uses which utilize shared parking site between uses that have different peak parking periods. 3. Minimum parking stalls required by specific use within Sunset Beach are set out as follows: Use Stall Required a. Automobile, truck, boat, trailer, or 1 space for each 400 sq. ft. of gross similar vehicle sale or rental floor area, except area used establishments. exclusively for storage or loading and 1 space for each 1000 sq. ft. of outdoor sales, display, or service area. b. Automobile service stations. 2 spaces for each lubrication stall, rack, or pit, plus 1 space for each gasoline pump outlet C. Beauty shop or barber shop. 2 spaces for each of the beauty station or barber chair d. Child care center, day nursery, 1 space for each staff member, plus 1 preschool, or nursery school. space for each 5 children or 1 space for each 10 children where a circular driveway or its equivalent designed by contiguous flow of passenger vehicles for the purpose of loading and unloading children. e. Commercial boat docks. 1 space for each 35 feet of boat dock or boat mooring with a minimum of 1 space per boat. In addition, where commercial docks are used to load or unload passengers on a commercial or fee basis, there shall be 1 additional onsite parking space required for each 2 passenger or passenger capacity of the boat. f. Commercial service 1 space for each 400 sq. ft. of gross establishments, repair shops, floor area, except floor area used motor vehicle repair garages, and exclusively for storage or loading, plus AuguSt September 2010 Pwip.A- - -677- A Item 13. ® Page 47 Draft Sunset Beach Specific Plan similar establishments. 1 space for each 500 sq. ft. of outdoor sales, display, or service area. g. Dance halls, pool or billiard parlors, 1 space for each 3 persons allowed roller or ice skating rinks, exhibition within the maximum occupancy load as halls, including private clubs and established by local, County, or State lodge hails. fire, building, or health codes, or 1 space for each 75 square foot of gross floor area,whichever is greater. h. Food store, grocery store, 1 space for each 225 sq. ft. of gross supermarket, or similar use. floor area. i. Furniture store, appliance store, 1 space for each 500 sq. ft. of gross machinery rental, or sale store floor area, except floor area used (including motor vehicle rental or exclusively for storage or loading, plus sales), and similar establishments 1 space for each 500 sq. ft. of outdoor which handle only bulky sales, display or service area. merchandise. j. General office and other business 1 space for each 250 sq. ft. of gross technical service, administrative or floor area professional offices including real estate. k. General retail stores, except as 1 space for each 225 sq. ft_ gross floor otherwise noted. area. 1. Laundromats. 1 space for each 4 machines. M. Medical/dental office or clinic. 1 space for each 150 sq. ft. of gross floor area n. Motel or hotel. 1 space for each guest unit. 2 spaces for any unit having facilities other than bathroom, e.g., kitchen, wet bar; etc. o. Private golf course, swim club, 1 space for each 4 persons based country club, tennis club, recreation upon maximum capacity of all facilities center, or similar use. capable of simultaneous use as determined by the staff, plus 1 space for each 2 employees. p. Residential. 2 spaces for each dwelling unit Atst September 2010 ¢ ��a � �. Item13® ® Page 476 -618- TTA 5Z Draft Sunset Beach Specrtrc Plan _-- q. Restaurants, night clubs, bars and 1 space for each 100 sq. ft. of serving similar establishments for the sale area. There shall be a minimum of 10 and consumption of food and spaces on-site without regard for the beverage on the premises. sq. ft. of service area. r. Tennis courts, open to the public. 2 spaces for each court. S. Veterinary hospital. 1 space for each 150 sq. ft. of gross floor area. t. Other. All other uses shall be defined by the City of Huntington Beach Zoning and Subdivision Ordinance. 3.3.5 Fences and Malls For purposes of this section, "fences and walls" include any type of fence, wall, retaining wall, sound attenuation wall, or screen. Fences/walls shall be in compliance with the following regulations. However, walls that are located within the interior of an approved tract map and are part of the initial development of that tract map shall be exempt from these regulations. Subsections "4" and "S' only shall also apply to hedges, or thick growth of shrubs, bushes, or trees. Fence/wall heights shall be measured from the base of the fence/wall to the top on interior or exterior side, whichever is greater. 1. Main building area. In the area where a main building may be constructed, the district building height regulations apply. 2. Setback areas bordering streets. a. The maximum height shall be three and one-half feet within any required front setback area and six feet within any rear or side setback area (through which no vehicular access is taken) adjoining a street, up to a maximum depth of 20 feet. b. That portion of a building site where vehicular access rights have been dedicated to a public agency may have a six feet high fence/wall. c. Fences/walls that border major arterial highways may be six feet high and as high as eight feet if: i. The major arterial is elevated two feet or more above the building site elevation, or August-September 2010 Paoe 47 _ -619- Item 13. o Page 477 Draft Sunset Beach Specific Plan ii. The exterior side measurement of the wall is not more than six feet in height. 3. Setback areas not bordering streets. The maximum height shall be six feet within any required front, rear, or side setback area not adjoining a street. However, where the elevation of an adjoining building site to the side or rear is higher than the base of the fence or wall in the side or rear setback area, the height of the fence or wall may be measured from the elevation of the adjoining building site to the top of the fence or wall. However, in no case shall such a fence or wall exceed eight feet from the base of the fence/wall to the top as measured from the adjoining site. 4. Access intersection areas. - Notwithstanding "2" above, the maximum height shall be three and one-half feet within five feet of the point of intersection of: a. An ultimate street right-of-way line and an interior property line; b. An ultimate street right-of-way line and the edge of a driveway or vehicular accessway; c. An ultimate street right-of-way line and an alley right-of-way line; and d. The edge of a driveway or vehicular accessway and an alley right-of-way line. 5. Street intersection areas. Notwithstanding "2" above, the maximum height shall be three and one-half feet within the triangular area formed by drawing a straight line between two points located on, and 15 feet distant from, the point of intersection of two ultimate street or highway right-of-way lines extended. 6. Modifications permitted. Exceptions and modifications to the fence and wall height provisions may be permitted subject to the approval of a conditional use permit by the Zoning Administrator per the Huntington Beach Zoning and Subdivision Ordinance. 3.3.6 Sign Regulations All references to this section shall include Section 1 through 9. 1. Purpose The purpose of this section is to establish standards for the control of signs in Sunset Beach that require protection of vistas of the natural landscape, scenic corridors and highways, recreational facilities, and routes used for access to recreational areas and facilities. The intent of these regulations is to minimize the number of signs and to I e���t SBntPmhPr 9nin + Item 13. - Page 47 —62®- �` �s�� 5 S Draft Sunset Beach Specific'Man encourage the use of sound planning and design principles in the use of signs to complement the main use of the property. Also to promote the visitor-serving commercial/recreational facilities designed to enhance public opportunities for coastal recreation. 2. General Provisions a. Uncertainty. Whatever uncertainty exists as to the intent or wording of this article, the Sunset Beach Local Coastal Program Review Board shall be consulted to make an interpretation. The decision of the Planning and Building Director shall be final unless appealed. Appeals will require the filing of a Coastal Development Permit for a public hearing. b. Except for special event signs, all permitted signs shall be located on the same site as the use they identify or the goods they advertise. Exception —Special event signs may be located off-site with the approval of the City of Huntington Beach. 3. Permitted Permanent Signs a. Business sign: A sign displaying information pertaining to goods or services offered or produced by the business located on the property but not including advertising devices/displays. Business signs may include the identifying name of a business. b. Civic activity sign: A bulletin board customarily incidental to places of worship, libraries, museums, and other public institutions. c. Identification sign: A sign identifying the name and symbol/insignia of an existing or future community, building, business, facility, organization, person, etc. 4. Permitted Temporary Signs Temporary Signs are permitted in any district (except where prohibited). A Coastal Development Permit will not be required if the sign does not exceed the height of existing structures on a site. a. The following signs are permitted: i. Real Estate signs: In any area one real estate sign shall be permitted on any building site or business property, not to exceed four square feet in area, unlighted and unilluminated. ii. Construction signs: One construction sign shall be permitted on any building site, in any area, except where specifically prohibited, unlighted and unilluminated and not to exceed a total area of 16 square feet. b. Upon review and recommendation of the LCP Review Board and approval of the Planning and Building Department, the following signs are permitted: Ast September 2010 -- AQ - - -627- Item 13. - Page 479 Draft Sunset Beach Specific Plan i. Special Event signs: For community sponsored events such as the Firemen's Ball, Chili Bean Feed, Art Festival, and Pancake breakfast, etc. ii. Portable signs: One portable sign shall be permitted on any building site zoned for commercial use, unlighted and unilluminated and not to exceed a total of 16 square feet or five feet in height. Portable signs are not allowed in any road right-of-way. 5. Prohibited Signs a. Signs which resemble or conflicts with any traffic-control device or conflict with safe and efficient flow of traffic. b. Signs which create a safety hazard by obstructing clear view of pedestrian and vehicular traffic. c. Outdoor advertising signs (e.g. billboards). d. Advertising device/display. e. Banner signs. 6. Sign Definitions Except as defined by these regulations, signs shall have the same definitions per the Zoning and Subdivision Ordinance Chapter 233, 7. Lighted/Illuminated Signs Lighted and illuminated signs shall be designed and installed so that direct light rays shall be confined to the premises. 8. Signs Abutting Residential Areas On the ocean side of Pacific Coast Highway business and identification signs facing the ocean are permitted providing they are no more than 32 square feet in area. If lighted, it shall be by external lighting only with the rays directed on the sign face only. 9. Sign Measurements a. Sign Area: The entire area within which a single continuous perimeter of not more than eight straight lines enclose the extreme limits of writing. Signs shall not exceed one square foot of sign area for each linear foot of building frontage. The total aggregate sign area for such signs shall not exceed 125 square feet for each property. If the building frontage of any business is less than 25 feet, only one sign, having a maximum area of 25 square feet, shall be permitted for each such business. r �� Item 13. Page480 -622- y���P � r?, Draft Sunset Beach Specific Plan Signs for the purpose of identifying public access to the Ocean/Beach located at Anderson/Pacific Coast Highway and at Warner shall not exceed four square feet. b. Sign Height: The greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign. Signs shall not exceed the building height limit of the district in which they are located. i. Pole and roof signs: Maximum height 25 feet. ii. Wall signs: Maximum height 35 feet. 3.3.7 Accessory lases and Structures In addition to the principal uses and structures expressly included in the Specific Plan, accessory uses and structures which are customarily associated with and subordinate to a permitted principal use on the same building site and which are consistent with the purpose and intent of the Specific Plan are permitted. Whenever there is a question as to whether a specific use or structure is permitted as an accessory use, the Planning and Building Director shall make the determination. 1. Discretionary action required. Accessory uses and structures shall be subject to a discretionary action per Section 4.2 when one or more of the following apply: a. Required by other zoning regulations, or b. The principal use is subject to a discretionary permit and the accessory structure is over six feet in height. _ 2. Location of certain attached accessory structures. Accessory structures that are attached to a main building, are enclosed, and are over eight feet in height shall comply with the setback requirements for a main building, except as provided in Section 3.3.7. 3. Location of other accessory structures. Accessory structures other than in "2" above shall be permitted anywhere on the building site except within the following areas, unless otherwise permitted by Section 3.3.7. a. Within the ultimate right-of-ways b. Within the area designated on an approved building line plan as a setback area applicable to accessory buildings. Aagu A-September 2010 Al - -623- tAl Item 13. - Page 481 3` Draft Sunset Beach Specific Plan c. Within those areas where fences and walls are limited to a maximum height of three and one-half feet, as specified in Section 3.3.5. d. Within the required front setback area unless provided for by a coastal development permit approved by the Zoning Administrator. e. Within the panhandle portion of a panhandle building site. 4. Height Limit Accessory structures that are within the required setback areas shall be limited to 12 feet in height, unless it is within three feet of a property line, in which case it shall be limited to eight feet in height. However, the height limit may be increased pursuant to a variance approved by the Zoning Administrator. 5. Building site coverage within setback areas. Accessory structures shall be limited to the following site coverage within the required setback area: Required Setback Area Enclosed Structure Unenclosed Structure Front 0% 0%* Rear 25% 50% Side 25% 50% *Note: Up to 25 percent building site coverage of the required front setback area shall be allowed for unenclosed structures if provided for by a coastal development permit approved by the Zoning Administrator. 6. Garages and carports. When alleys, private streets, or common driveways are provided specifically as vehicular access to garages and carports and when separate access and circulation systems are provided for pedestrians, guests, and emergency vehicles, attached and detached garages and carports may be placed anywhere within the rear setback area except within those areas where fences and walls are limited to a maximum height of three and one-half feet as specified in Section 3.3.5. See also Section 3.3.4.2.g. 7. Satellite dish antennas. Satellite dish antennas shall be permitted in any residential district if one meter or less in diameter and permitted in any commercial district if two meters or less in diameter. 8. Swimming pools. Swimming pools shall not be constructed within three feet of vehicular right-of-way or property line or within those areas described as access intersection areas and street intersection areas per Section 3.3.5. 3.3.8 Flood Plain District I e�"�+.S'Pnfi=mhAr 9n1 n _ Item 13. - Page 482 -�2�- ITT "� • 5� : :'111� aI N, " Draft Sunset Beach Specit►c Plan The Huntington Beach Zoning and Subdivision Ordinance Floodplain Overlay District Regulations and County of Orange Coastal Flood Plain Development Study as amended are hereby incorporated into the Sunset Beach Specific Plan and shall be applicable as designated by the floodplain map. Finished floor elevations shall also be in compliance with Section 3.3 Site Development Standards. AHSeptember 2010 -625- Item 13. - Page 43 Draft Sunset Beach Specific Plan 4. Administration The methods and procedures for implementation and administration of the Development Standards, as well as the guidelines and other conditions of this Specific Plan are prescribed below. 4.1 Enforcement of the Specific Plan The City's Planning and Building Director shall administer the provisions of the Sunset Beach Specific Plan in accordance with the State of California Government Code, Subdivision Map Act, the Huntington Beach Municipal Code, the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), the City's General Plan and the City's Local Coastal Program. The Specific Plan development procedures, regulations, standards and specifications shall supersede the relevant provisions of the City's Zoning Code (Huntington Beach Zoning and Subdivision Ordinance), as they currently exist or may be amended in the future. Any development regulation and building requirement not addressed in the Specific Plan shall be subject to the City's adopted regulations in effect at the time of an individual request. 4.2 Methods and Procedures The methods and procedures for implementation of the Specific Plan shall be on a project-by- project basis. The adoption of the Specific Plan alone will not require any improvements to the Specific Plan area. Physical improvements will only coincide-with the approval of development projects. The Specific Plan is a regulatory document and is not intended to be a Development Agreement. Coastal Development Permits Coastal Development Permits shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. Except for a variance or tentative map, a Coastal Development Permit may be filed in lieu of any discretionary permit. Tentative Maps Tentative Tract or Parcel Map(s) shall be in compliance with the provisions and procedures of the Huntington Beach Zoning and Subdivision Ordinance. Tentative Maps require a Coastal Development Permit. Variances Variances shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. Appeals Any decision or determination may be appealed in accordance with applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance. In addition, the majority of Sunset Beach is in an appealable area such that coastal development permits approved by the local I n��+SantemhPr�fl1n 4 Ite 13. Page 4�4 �s��� �g � 5.,.. . �a Draft Sunset Beach Specific Plan jurisdiction may be appealed to the California Coastal Commission. Permitted uses are subject to appeal to the California Coastal Commission per the Zoning and Subdivision Ordinance if within an appealable area. Certificate of Occupancy Certificates of Occupancy shall be processed pursuant to the City of Huntington Beach Municipal Code. Sunset Beach LCP Review Board The County's Sunset Beach LCP was developed largely through the vigorous efforts of the Sunset Beach community through the LCP Advisory Committee. Subsequent to the County's LCP adoption, the Board of Supervisors designated the Sunset Beach LCP Conformity and Violation Review Board (commonly known as the "LCP Board") as the official citizen's review group in Sunset Beach. The Committee helped identify the community lifestyle and special needs of Sunset Beach. It recognizes the complex needs and limits of planning an area that is 96 percent developed. Coastal Act Policies have been applied with sensitivity to the existing community. The Sunset Beach LCP Review Board provides continuing community participation in the long- term process of implementing the provisions of this Specific Plan. Such process does not replace the current mode of community participation, but provides a centralized forum for obtaining community opinion and for transmitting recommendations to the City. The LCP Review Board's specific function and membership is contained in a separate document titled "Bylaws of the Sunset Beach Advisory Committee (LCP Board)." In addition, the Director of Planning and Building shall forward the following items to the Sunset Beach LCP Review Board: ® All discretionary permit applications and harbor permits for review and comment at least 21 calendar days prior to final action by the approving authority. Any changes to floor plans or site plans associated with the discretionary permit shall be resubmitted to the Review Board prior to final action by the City. ® Requests for Special event signs and Portable signs. ® A copy of all Certificates of Occupancy issued by the City for their records. s A copy of Certificates of Occupancy and encroachment permits issued for any use of public properties within three days of issuance for their records. Nonconforming Uses and Structures Nonconforming uses and structures are subject to the City of Huntington Beach Zoning and Subdivision Ordinance Chapter 236 except as otherwise noted in these regulations. Augurt-September 2010 D'^_ -627- l'k! Item 13. ® Page 485 Draft Sunset Beach Specific`Plan 4.3 Specific Plan Amendments The Specific Plan may be amended. The Planning and Building Director shall have the discretion to determine if requests for modification to the Specific Plan are minor or major. Minor modifications may be accomplished administratively by the Director. Major modifications will require the processing of a Zoning Text Amendment and Local Coastal Program Amendment, subject to the City's processing regulations in place at the time of the request. Minor modifications are simple amendments to the exhibits and/or text that are intended to clarify and not change the meaning or intent of the Specific Plan. Major modifications are amendments to the exhibits and/or text that are intended to change the meaning or intent of the Specific Plan. Proposed amendments for both minor and major modifications shall be forwarded to the Sunset Beach LCP Review Board by the Planning and Building Director at least 21 days prior to action by the Planning Commission. 4.4 Severability If any section, subsection, sentence, clause, phrase, or portion of this title, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title, or any future amendments or additions hereto. The City hereby declares that it would have adopted these titles and each sentence, subsection, clause, phrase, or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto may be declared invalid or unconstitutional. A,a-qk SPntamhPr 9M oLe Z Item 13. - Page 486 -628- A Draft Sunset Beach Specific'Nlan Appendices A. Legal Description EXfIIBIT A PROPOSED"SUNSET BEACH ANNEXATION(AN 10---)" That portion of fractional Section 24,Township 5 South,Range 12 West,and those portions of fractional Sections 19 and 30,Township 5 South,Range 11 West,of the San. Bernardino Meridian,in the County of Orange,State of California according to the official plat of said land filed in the District Land Office described as follows: Beginning at the northerly terminus of that certain course in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No.920 of said city shown as having a bearing and distance of"South 21°43' 12"West,249.38 feet",said northerly terminus also being the most easterly comer of Tract No.21 as per map recorded in Book 9,Page 22 of Miscellaneous Maps,in the office of the County Recorder of said County;thence along said City Boundary Line the following courses: Course 1:South 21°43' 12"West a distance of 249.38 feet, Course 2: South 07056'07"West a distance of 53.74 feet to a point being in a curve concave to the northeast having a radius of 2940 feet;a radial line of said curve from said point bears North 44°12'36"East, Course 3: Southeasterly a distance of 63.71 feet along last mentioned curve through a central angle of 0.1°14'30", Course 4: South 47'0 V54"East a distance of 279.29 feet to the beginning of a tangent curve concave to the southwest having a radius of 3060 feet, Course 5: Southeasterly a distance of 195.23 feet along said last mentioned curve through a central angle of 03°39'20", Course 6: South 43°22'34"East a distance of 1599.82 feet to the beginning of a tangent curve concave to the southwest having a radius of 3050 feet, Course 7: Southeasterly a distance of 183.58 feet along said last mentioned curve through a central angle of 03°2655",to a point on a line parallel with and 30.00 feet southerly, measured at right angles,from the centerline of Los Patos Avenue(Warner Avenue)as said centerline is shown on a map filed in Book 53,Page 40 of Records of Survey in the office of said County Recorder,said point being the most southwesterly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No.3489 of said city;thence leaving said city boundary, Course 8: South 89°51'53"West a distance of 377.41 feet along said parallel line to a point in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 1126 of said city,said point also being southeasterly along said City Boundary line 40.61 feet from the northwesterly terminus of that certain course shown as having a bearing and distance of"North 42°28'13"West, 1816.06 feet";thence along said City Boundary Line, August September 2010 -papa G%7 _ -629- PA Item 13® - Page 487 Draft Sunset Beach Specific r71an EEXIIIBIT A PROPOSED "SUNSET BEACH ANNEXATION(AN 10 ,)" Course 9:North 43°23'54" West a distance of 40.61 feet, Course 10: South 89°51'53" West a distance of 291.59 feet, Course 11: South 49°10'33"West a distance of 344.56 feet to a point in the Mean High Tide Line of the Pacific Ocean as shown on Record of Survey 2010-1097 recorded in Book 241,Page 3 in the office of the County Recorder of said County,said point also being the southeasterly terminus of that certain course shown as having a bearing and distance of"North 41043'52"West,388.69 feet";thence along said Mean High Tide Line the following courses: Course 12: North 42°38'49"West a distance of 389.69 feet, Course 13: North 44°46'59"West a distance of 108 5.5 5 feet, Course 14:North 44°33'21" West a distance of 1283.71 feet, Course 15:North 43°44'38"West a distance of 1709.89 feet, Course 16:North 41°23'09"West a distance of 968.62 feet, Course 17:North 47°20'53" West a distance of 703.78 feet to a point in the southeasterly City Boundary Line of the City of Seal Beach,County of Orange,State of California, said boundary having been established as Annexation No.76-1 to said city, said point also being distant southwesterly along said City Boundary line 368.70 feet from the easterly corner of said Annexation No. 76-1;thence leaving said Mean High Tide Line and along said City Boundary Line, Course 18:North 49°35'36"East a distance of 368.70 feet to the most easterly corner of said Annexation No. 76-1,said corner also being the most southerly corner in said city boundary established as Annexation No. 67-1 to said city;thence along said City Boundary Line, Course 19: North 499536"East a distance of 511.00 feet to the most westerly corner in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 919 of said city, said corner being in a curve concave to the southwest having a radius of 1060 feet, a radial line of said curve from said point bears South 25°58'14" West(South 26°05'34"West per said Ordinance No.919);thence along said City Boundary Line the following courses: Course 20: Southeasterly a distance of 380.17 feet along said last mentioned curve through a central angle of 20032'58", -2- + ,(�4uaiict_Ccrtcmhor �(11f1 � ` a -7• tP t Item 13. - Page 8 -630- = � �� Draft Sunset Beach Specific tilan EXIII.BIT A PROPOSED "SUNSET BEACH ANNEXATION(AN 10-__)" Course 9:North 43°2354" West a distance of 40.61 feet, Course 10: South 89°51'53"West a distance of 291.59 feet, Course 11: South 49°10'33"West a distance of 344.56 feet to a point in the Mean High Tide Line of the Pacific Ocean as shown on Record of Survey 2010-1097 recorded in Book 241,Page 3 in the office of the County Recorder of said County,said point also being the southeasterly terminus of that certain course shown as having a bearing and distance of"North 41°43'52"West,388.69 feet";thence along said Mean High Tide Line the following courses: Course 12:North 42Q38'49"West a distance of 388.69 feet, Course 13: North 44°46'59"West a distance of 1085.55 feet, Course 14:North 44°33'21" West a distance of 1283.71 feet, Course 15:North 43044'38"West a distance of 1709.89 feet, Course 16:North 41°23'09"West a distance of 968.62 feet, Course 17:North 47°20'53"West a distance of 703.78 feet to a point in the southeasterly City Boundary Line of the City of Seal Beach,County of Orange,State of California, said boundary having been established as Annexation No.76-1 to said city, said point also being distant southwesterly along said City Boundary line 368.70 feet from the easterly comer of said Annexation No.76-1;thence leaving said Mean High Tide Line and along said City Boundary Line, Course 18:North 49°35'36"East a distance of 368.70 feet to the most easterly corner of said Annexation No. 76-1,said comer also being the most southerly corner in said city boundary established as Annexation No. 67-1 to said city;thence along said City Boundary Line, Course 19:North 49°3536"East a distance of 511.00 feet to the most westerly comer in the boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 919 of said city,said corner being in a curve concave to the southwest having a radius of 1060 feet,a radial line of said curve from said point bears South 25°58'14"West(South 26°05'34"West per said Ordinance No. 919);thence along said City Boundary Line the following courses: Course 20: Southeasterly a distance of 380.17 feet along said last mentioned curve through a central angle of 20132'58", -2- Aug September 2010 -----• -637- Item 13. - Page 489 Draft Sunset Beach Suecific�l✓lan EXHIBIT A PROPOSED "SUNSET BEACH ANNEXATION (AN 10-_)" Course 36: North 75°46'26"East a distance of 33.80 feet along said City Boundary Line to an intersection with that certain course in the southwesterly boundary line of the City of Huntington Beach as established by City Annexation in Ordinance No. 800 of said city, said intersection also being northwesterly along said southwesterly boundary 261.60 feet from the southeasterly terminus of that certain course shown as having a bearing and distance of"North 42°45'00" West and a length of 2727.12 feet'';thence along said City Boundary Line, Course 37: South 42°28'34"East a distance of 261.60 feet, Course 38: South 47°13'34"East a distance of 35.00 feet to the Point of Beginning. Containing an area of 133.88 acres,more or less. Attached hereto and made a part hereof is a map designated as EXHIBIT B. SURVEYOR'S CERTIFICATE This proposal was prepared by me or under my supervision. tAAF Jeremy L. 9vans,PLS 5282 Date: a Expires: December 31,2011 r,�ffOF C This proposal does meet the approval of the Orange County Surveyor's Office. Dated this day of 201`. By: Raymond L. Mathe, County Surveyor PLS 6185,Expiration Date:March 31,2012 -4 - Item 13. e Page 490 -632- CAME BKY. -7• t'°� Citizen's Association of Sunset Beach www.SaveSunsetBeach.org September 17, 2010 RECEDE® City of Huntington Beach 4 Js0 Blair Farley, Chairperson Planning Commission 2000 Main Street Dept. of Planning Huntington Beach, California 92648 &Braiding Re: Draft Negative Declaration No. 10-005 Dear Commissioner Farley: I wish to challenge the above referenced Draft Negative-Declaration on the basis that no evidence is included to show that police services will be adequately maintained in the Sunset Beach community after annexation occurs. The current proposed budget for the City of Huntington Beach does not have any provision for increased spending to provide police services. The Huntington Beach Annexation Report did not project any increase in cost. The police chiefs estimates sited in the Draft Negative Declaration are based on the data that was included in the Annexation Report. This data was taken from a previous annexation study, by Seal Beach. I have attached a copy of the proposed budget from the City's web site. Also, I have included a copy of the data from the Annexation Report for your reference. The actual Orange County Sheriffs Deputies statistics between 01-01-09 and 08-03- 2010 are as follows: Assigned reports 105 Assigned calls not resulting in a report 1582 Observed reports 106 Observed stops with no report 2074 Warrant arrests 33 Felony arrests 17 Misdemeanor arrests (physical) 29 Misdemeanor arrests (citation) 114 Traffic citations/moving violations 116 Parking citations 909 Traffic citations other 57 Stored or impounded vehicles 70 The numbers speak for themselves. If you compare the data above, with the data from the Annexation Report, without full time police services dedicated to Sunset Beach, CITIZEN'S ASSOCIATION OF SUNSET BEACH 15931 CHEMICAL LANE#A, HUNTINGTON BEACH, CALIFORNIA 92649 -633- Item 13. - Page 491 $i Page '2 crime will increase. This will be most evident in the summer months when the day time population increases significantly. The data referenced in the Annexation Report does not anticipate the preventative police work necessary, and enforcement of lesser crimes, to serve the Sunset Beach Community at an acceptable level of service. Without the City of Huntington Beach adding to the budget for police services, the Police Department will be required to cut service to other areas of the city in order to service Sunset Beach. This will result in a negative impact. The city of Huntington Beach is already extending limited services to its own residents; Huntington Beach is facing a $3,000,000.00 budget shortfall. This is the third consecutive year where services to residents have been cut to make up for the shortfalls. Police officer positions will be cut and lifeguard service for certain beaches will be further reduced to balance the budget. Requests by the city's police, fire, and marine.safety chiefs, to replace;equipment which is becoming obsolete or is beyond the manufacturer's projected service life, could add another $3,000,000.00 - 5,000,000.00 in needed budget cutbacks. Sunset Beach is not a community of 1200 people requiring police services. It is a beach community with over 200,000 visitors a year. The population swells over the weekends, holidays and summer months, the same as it does in Huntington Beach. Hun irTiz- . Beach city services cannot simply be re-positioned to service Sunset Beach during peak demands. es ectfully, J c arkovitz, P es ent itizen's A ciat n of Sunset Beach CITIZEN'S ASSOCIATION OF SUNSET BEACH 15931 CHEMICAL LANE#A, HUNTINGTON BEACH, CALIFORNIA 92649 (tern 13. - Page 492 -634- ATT CH T NO,_►?. 2 111113111 ROMP Table VI f _J Sunset Beach Park I Crime Statistics—2007&2008 e® ®o• L: Homicides 0 0 Rape 0 1 Robbery 4 2 Felony Assault 5 5 Burglary 13 15 Larceny 12 15 Motor Vehicle Theft 5 6 Total Part I Crimes 39 44 F After reviewing this data,..police staff concluded, "it appears the Police Department could provide law enforcement services to Sunset Beach while maintaining current staffing levels."As a result, no additional expenditures are added to this Department's budget in evaluating the fiscal impact of the potential Sunset Beach annexation. L Animal Control i f Using a two year average for 2007 and 2008, there appears to be 309 annual calls for service. This average may be inflated since there were a reported 37 calls for service in 2007, but 545 in 2008. Since Orange County Animal Care charges approximately $100 per call, using the 309 figure, there would be added cost to the City for this annexation in the estimated amount of $31,000. While this figure may be inflated, it is used in this analysis due to the lack any other available data. City Clerk Sunset Beach has two precincts with 797 registered voters. In November 2008, these two pre- cincts were consolidated into one polling place with five election workers. it is generously esti- mated that the City Clerk's Office would experience additional election costs in the amount of $2,500 every two years. Averaging this expense on an annual basis it is estimated that there would be additional expense in this office of$1,250. (_ t Community Services Beach Maintenance To maintain the same level of service in maintaining 48-acres of beach as currently being pro- vided would cost an estimated $61,880. This includes, according to the Community Services L Department: "...periodic hand picking of Jitter, contractually provided trash removal daily, graffiti re- moval, ice plant trimming, the raking and sanitizing of the sand four times per month, and the construction and removal of street end sand berms as needed seasonally." i Page 19 ::.. .......... .. . .. -635- Item 13. - Page 493 Police Proposed.Budget-.FY 2010111 Department Budget.Summary All Funds by Object Account DEPARTMENT Percent Change From PERSONAL SERVICES - Salaries,Permanent 28,935,904 30,457,543 32,369,187 32,671,305 31,974,275 32,249,258 -1.29% Salaries, Temporary 727,279 520,793 615,586 346,200 346,200 346,200 0.00% Salaries,Overtime 3,907,065 4,174,876 3,807,640 3,823,230- 3,957,521 3,932,632 2.86% Leave Payouts 15,652 892,108 Benefits 17,378,465 17,109,473 17,658,575 18,683,977 18,809,977 18,144,942 -2.89% . 1?E42S)bSPE_, =� 5R..4$.. r8..S; 2 -1.53% OPERATING EXPENSES Utilities 8,340 6,058 6,493 6,000 6,000 6,000 0.00% Equipment and Supplies 911,993 1,322,982 979,893 1,210,305 2,278,180 1,045,620 -13.61% Repairs and Maintenance 1,139,011 829,359 793,822 737,774 633,692 875,248 18.63% Conferences and Training 268,356 305,024 239,783 290,625 234,224 322,375 10.92% Professional Services 275,780 458,888 319,768 347,425 370,572 218,988 -36.97% Other Contract Services 565,740 1,033,967 1,009,367 1,133,930 1,101,670 1,124,322 -0.85% Rental Expense 37,554 208,598 34,254 69,984 69,984 98,750 41.10% Insurance 2,051 Payments to Other Governments 405,778 363,951 559.294 592,500 647,500 600,000 1.27% Expense Allowances 346,531 23,451 361,349 378,900 378,900 369,900 -2.38% Other Expenses 1,809 12,021 17,778 13,000 3,000 -100.00% P40PERAGIN WOO" -2.49% CAPITAL EXPENDITURES Improvements 34,811 Equipment 1,058,434 614,611 382,487 320,000 375,000 -100.00% Vehicles 153,815 33,920 49,700 63,500 NON-OPERATING EXPENSES Transfers to Other Funds 381,979 45,623 48,667 48,667 0N:®.:..-t�PER�i°Tt .... .. & 6 GCdtldDtat(sj��ae ��J �v3$z_ _ 0f16, a835 -2.13% General Fund 54,741,037 56,014,343 59,036,478 60,016,155 58,971,731 59,334,235 -1.13% Other Funds 1,797,607, 1,522,447 1111,324. 610000 .,.2$27,131.._ 100.00% Cyrand 5ltal( '). &a53$ 4'a, 5k 14, t> 25 Sr8fi �.33+i' 5 -2.13% Pesonel .. 0.00 195 Item 30 - Page 494 -636- Mrs. Gretchen A. Hoad 16745 South Pacific Avenue P. O. Box 121 Sunset Beach, CA 90742 September 20, 2010 p-_ Blair Farley, Chairman Huntington Beach Planning Department 2000 Main Street Huntington Beach, CA 92648 Re: Negative Declaration No. 10-005 re Sunset Beach Annexation Hearing Date: September 28, 2010 Dear Chairman Farley, I am writing to challenge the Draft Negative Impact,Report prepared for the Sunset Beach Annexation Project on the grounds that annexation will result in reduced police and other resources, thereby significantly impacting the environment of this unique coastal area. The City budget for the current year has reduced police services and the Huntington Beach Annexation Report calls for spreading the existing police services over the larger service area produced by annexation. However, Sunset Beach is not merely a neighborhood of 1240 residents, it is a beach destination for visitors and tourists and has numerous bars and restaurants fronting on a major state highway. These types of facilities plus traffic safety issues result in a need for law enforcement beyond those currently provided to the City of Huntington Beach. The added factor of the upcoming redevelopment in downtown Huntington Beach, with added restaurants, bars and other tourist activities and to increase downtown residential housing, will call for greater police presence in the City. This will further dilute the law enforcement services available to Sunset Beach. The Annexation Report lists several vital beach maintenance needs that are presently unfunded: The need for a large sand sifter, staff to operate it, rental space to store it and personal and equipment needed to transport it to Sunset Beach for service. This sand sifter is an important component of beach quality, and no provision has been made in the current City budget. Such lack of funding source will have a significant and serious environmental impact on beach cleanliness and quality- Because of the above, I request that the Environmental Impact Report No 10-005 be amended from a Negative Declaration to one that adequately addresses these safety and beach quality issues and declares them to be significant impacts on the sensitive coastal environment. Yours truly, Gretchen A. Hoad [A 2- 1 M -637- Item 13. - Page 495 F CITY OF HUNTINGTON BEACH f3 Inter Office Communication Planning and Building Department TO: Planning Commission FROM: Scott Hess, AICP,Director of Planning and Buildi(6) DATE: September 27, 2010 SUBJECT: SUNSET BEACH SPECIFIC PLAN -LATE COMMUNICATION PLANNING COMMISSION MEETING SEPTEMBER 27,2010 Attached please find revised pages for the Draft Sunset Beach Specific Plan, Attachment No. 7 to the Planning Commission staff report. A summary of the changes is provided below. Topic: Entitlement Processing The County's existing Specific Plan states that only a coastal development permit will be required, in lieu of any other discretionary permit except for a tentative map or a variance. In addition, it states that all coastal development permits will be heard by the Planning Commission. However, County staff and members of the Sunset Beach LCP Review Board have indicated that the County has been requiring use permits for many applications, at the discretion of staff, and almost all of the use permits and/or coastal development permits are considered by the County Zoning Administrator. Occasionally, the County Planning Director refers an application to the Planning Commission. As a result and in consultation with Sunset Beach LCP Review Board members, staff is recommending changes to the processing requirements as indicated on revised Attachment Nos. 7.35, 7.40, and 7.60. In summary, staff is recommending that a conditional use permit to the Zoning Administrator be required for uses in the Sunset Beach Tourist(SBT) area. This processing requirement would be consistent with the City's Zoning and Subdivision Ordinance (ZSO), which requires a CUP for commercial uses within 300 feet of residential; given the compact nature of Sunset Beach, all SBT properties meet this criterion. For the residential area(SBR), staff is recommending that the Specific Plan be changed to indicate that the Zoning Administrator would consider any required coastal development permit in the residential area for"principal permitted uses," which is consistent with how the County has been processing requests as well as the City's ZSO. Staff has made a reference to the ZSO for condominium conversions, which would require a conditional use permit to the Planning Commission in addition to a coastal development permit. For the "other permitted uses" in the SBR area,the CUPs would be considered by the Planning Commission, consistent with the ZSO. Item 13. m Page 49 -6313TE COMMUNISATION #�-2 PC MTG 09-2$-2010 Topic: Portable Signs A revision to Attachment No. 7.56 is requested by the Sunset Beach LCP Review Board to indicate that portable signs would not be permitted in a pedestrian right-of-way. Staff is in agreement with this request. Please contact Mary Beth Broeren at 714-536-5550 or via email at mbroerenksurfcity-hb.org if you have any questions. xc: Mary Beth Broeren,Planning Manager Herb Fauland,Planning Manager G:\admItr\2010\0910mbbI -639- Item 13® - Page 497 Draft Sunset Beach Specific Plan 3.3.1 Sunset Beach Residential A. Purpose The Sunset Beach Residential (SBR) District is intended to permit the establishment and maintenance of high density residential neighborhoods. It is intended that each residential structure be independent from adjoining property by setbacks. Only those uses which are complementary to and can exist in harmony with the residential uses are permitted. B. Principal Permitted Uses The following principal uses are permitted subject to the approval of a Coastal Development IPermit by the Planning Gemn4sr&4R�Zoninq Administrator. 1 Duplex dwellings 2. Single-family dwellings and single family mobile horses. 3. Residential Condominium, stock cooperative, and community apartment projects. 4. Residential Condominium conversions, pursuant to Chapter 235 of the HBZSO.- 5. Additions to lawful nonconforming residential uses. Additions must comply with all applicable development standards. C. Other Permitted Uses I Other permitted uses subject to a Coastal Development Permit and a Conditional Use Permit by the Planning Commission. 1. Community recreation center. 2. Community service center. 3. Community facility. 4. Public Safety Facilities. 5. Parks and playgrounds (non-commercial). 6. Public service facilities. D. Accessory Uses and Structures Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted principal use on the same building site. 1. Limited Day Care, Limited Residential Care, and Large Family Day Care, as defined by the HBZSO. Large Family Day Care shall require neighborhood notification pursuant to Section 241.24 of the HBZSO. IA........i C....l.......L.....l n4l 1 Vi''�/ I#e67fl 13. - Page 498 -640- ' � .- Draft Sunset Beach Specific Plan B. Principal Permitted Uses The following principal uses are permitted subject to the approval of a Coastal Development Permit and a Conditional Use Permit by the Planning GemmissiGnZoninq Administrator. 1. Athletic/health/recreational clubs and centers. 2. Automobile service stations. 3. Bars, night clubs, and cocktail lounges. 4. Beauty shop or barber shop. 5. Parks and playgrounds. 6. Restaurants, drive-ins, and fast food establishment. 7. Other retail and service business associated with the needs of tourists, visitors, and the local community. 8. Hotels, motels. 9. Time-share projects. 10. Commercial boat docks. 11. Bed and breakfast. C. Other Permitted Uses Other permitted uses subject to a Coastal Development Permit and a Conditional Use Permit by the PlanRiR9 Administrator. 1. Civic and government uses. 2. Community facility. 3. Public/private utility buildings and structures. 4. Residential Uses: a. Located above the first floor of a Principal Permitted Use. b. Parking for both the primary commercial uses and the residential use conforms to Section 3.3.4 of these regulations. c. Such residential use shall not exceed 50 percent of the gross square footage of the entire structure. Additions to lawful nonconforming residential uses are permitted if their cost does not exceed 50 percent of the market value of the residential use. D. Temporary Uses Permitted August-September 2010 Paae 36 _ -641- Item 13® - Pa a 499' Draft Sunset Beach Specific Plan i. Special Event signs: For community sponsored events such as the Firemen's Ball, Chili Bean Feed, Art Festival, and Pancake breakfast, etc. ii. Portable signs: One portable sign shall be permitted on any building site zoned for commercial use, unlighted and unilluminated and not to exceed a total of 16 square feet or five feet in height. Portable signs are not allowed in any road or pedestrian right-of-way. 5. Prohibited Signs a. Signs which resemble or conflicts with any traffic-control device or conflict with safe and efficient flow of traffic. b. Signs which create a safety hazard by obstructing clear view of pedestrian and vehicular traffic. c. Outdoor advertising signs (e.g. billboards). d. Advertising device/display. e. Banner signs. 6. Sign Definitions Except as defined by these regulations, signs shall have the same definitions per the Zoning and Subdivision Ordinance Chapter 233. 7. Lighted/Illuminated Signs Lighted and illuminated signs shall be designed and installed so that direct light rays shall be confined to the premises. 8. Signs Abutting Residential Areas On the ocean side of Pacific Coast Highway business and identification signs facing the ocean are permitted providing they are no more than 32 square feet in area. If lighted, it shall be by external lighting only with the rays directed on the sign face only. 9. Sign Measurements a. Sign Area: The entire area within which a single continuous perimeter of not more than eight straight lines enclose the extreme limits of writing. Signs shall not exceed one square foot of sign area for each linear foot of building frontage. The total aggregate sign area for such signs shall not exceed 125 square feet for each property. If the building frontage of any business is less than 25 feet, only one sign, having a maximum area of 25 square feet, shall be permitted for each such business. i �....... ?evi5e 1 Item 13. - Page 500 -642- 1 . AE_=i�?a�s'i v �� --i,Sto Draft Sunset Beach Specific Plan 4. Administration The methods and procedures for implementation and administration of the Development Standards, as well as the guidelines and other conditions of this Specific Plan are prescribed below. 4.1 Enforcement of the Specific Plan The City's Planning and Building Director shall administer the provisions of the Sunset Beach Specific Plan in accordance with the State of California Government Code, Subdivision Map Act, the Huntington Beach Municipal Code, the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), the City's General Plan and the City's Local Coastal Program. The Specific Plan development procedures, regulations, standards and specifications shall supersede the relevant provisions of the City's Zoning Code (Huntington Beach Zoning and Subdivision Ordinance), as they currently exist or may be amended in the future. Any development regulation and building requirement not addressed in the Specific Plan shall be subject to the City's adopted regulations in effect at the time of an individual request. 4.2 Methods and Procedures The methods and procedures for implementation of the Specific Plan shall be on a project-by- project basis. The adoption of the Specific Plan alone will not require any improvements to the Specific Plan area. Physical improvements will only coincide with the approval of development projects. The Specific Plan is a regulatory document and is not intended to be a Development Agreement. Coastal Development Permits Coastal Development Permits shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. ExGept for a variaRGe OF tentative map, mw he filed in lieu, of-ny diSGFetieRaFy permit. Conditional Use Permits Conditional Use Permits shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. Tentative Maps Tentative Tract or Parcel Map(s) shall be in compliance with the provisions and procedures of the Huntington Beach Zoning and Subdivision Ordinance. Tentative Maps require a Coastal Development Permit. Variances Variances shall be processed pursuant to the Huntington Beach Zoning and Subdivision Ordinance. August-September 2010 D""' r" -643- n Item 13. Pace 501 FOE CITY OF HUNTINGTON BEACH Inter Office Communication Planning and Building Department TO: Planning Commission FROM: Scott Hess, AICP, Director of Planning and Buildi DATE: September 28, 2010 SUBJECT: SUNSET BEACH SPECIFIC PLAN -LATE COMMUNICATION PLANNING COMMISSION MEETING SEPTEMBER 27,2010 Attached please find a revised page for the Draft Sunset Beach Specific Plan, Attachment No. 7 to the Planning Commission staff report. In response to a request from the Sunset Beach Community Association Transition Committee, existing County policy 2.3.3 would be deleted (shown as double strikeout on the attached page). The Committee does not believe that the policy is necessary, and North Pacific Avenue is already two-way from 2nd Street to Warner Avenue. City Planning and Public Works staff reviewed the request and are in agreement. xc: Mary Beth Broeren,Planning Manager Herb Fauland,Planning Manager G:\admltr\2010\0910mbb2 Item 13® - Page ®2 e6� TE COMMUNICATION 113-2 PC MTG 09-28-2010 Draft Sunset Beach Specific Plan within Sunset Beach can facilitate the flow of traffic. Expanded transit service along Pacific Coast Highway and through the area, to be provided as demand warrants and as financial resources become available, should encourage additional transit use and might somewhat reduce traffic along Pacific Coast Highway. Pacific Coast Highway is operated and maintained by the State Department of Transportation (CalTrans). Thus, any improvement to the Highway is subject to their approval. Local circulation within the Sunset Beach community is tied to parking opportunities and traffic control. Traffic patterns seaward of Pacific Coast Highway revolve around the parking facility located between North and South Pacific Avenues. Traffic movements on other streets are limited by narrow right-of-way and heavy on-street parking. Although there are adequate parking spaces available to meet public, commercial, and residential parking demand, the distribution of available parking negatively affects the supply- demand balance, which causes deficiencies to occur in certain areas. To alleviate the problem, existing parking opportunities need to be retained within the community and maximized wherever possible. Adequate off-street parking will be required in conjunction with all new development or redevelopment of properties. Specific policies and guidelines relating to parking are included in this Specific Plan. Increased transit service and bicycling opportunities should provide access to beach uses without requiring such additional parking. Local circulation and traffic safety will be enhanced by appropriate speed limits. It is expected that the existing 15 miles per hour speed limit on all Sunset Beach Streets, except Pacific Coast Highway, will be retained; however, speed limits must be periodically reviewed to be enforceable. Circulation and safety will also be enhanced by retention of the parking restrictions on North and South Pacific Avenues. Also, conversion of Bay View Drive to one-way operations will be evaluated as a means to improve circulation inland of Pacific Coast Highway. Based on the foregoing, the following circulation policies shall be adhered to: Transportation/Circulation 2.3.1 Speed limits shall be periodically reviewed and vigorously enforced on all local streets within Sunset Beach. 2.3.2 The City shall work with CalTrans to maintain and/or improve signal timing on Pacific Coast Highway. peso!to wide.. offia -treet to provide two way tfalk 2.3.4 —3 The feasibility of converting local streets west Of BFeadway' to one-way circulation shall be evaluated. Aft-September2010 pane 1U -645- A, Item 13. - .Page 5®3 Draft Sunset Beach Specific Plan iv. No government or private agency shall construct or cause to be constructed any structure including but not limited to jetties, groins, berms, etc., that may alter natural shoreline processes such as wave action, channel depths or general beach configuration except when such protective structures are required for existing structures or public beaches in danger of erosion. V. Permanent above-ground structures on the beach and sand areas shall be prohibited. vi. To fulfill visitor serving needs, to minimize personal injuries and to reduce liability, sanitation shall be maintained by properly and routinely cleaning and maintaining the beach and sand area from ocean edge to the artificial dune. The protective growth barrier shall be maintained by property owners. 2.2.9 To protect residences and the Sunset Beach sanitary system from flood waters and excess wind-driven sand, to preserve that sand in the beach area thereby reducing replenishment costs, and to enhance the appearance of the benefit of visitors, preservation and maintenance of the artificial dune by residences shall be retained and encouraged, in keeping with Orange County Board of Supervisors Resolution Nos. 80- %}F 188-and 80 1057. 2.2.10 Scenic vistas shall be maintained, see Exhibit 2.2., Scenic Vista Viewpoints. 2.2.11 Public access to the beach shall be maintained. i. The 27 existing public access points to the beach shall be retained in perpetuity, see Exhibit 2.3, Existing Beach Access. ii. Signs denoting the Public Beach shall be maintained at the signalized intersections of Anderson Street, Broadway Avenue and Warner Avenue along Pacific Coast Highway. Signs shall not exceed four square feet. Se s•Si 0Y. "t- Z-" • 10 Page 14 Item 13. - Page 504 -646- P,4-A' ATTACHMENT # 13 -647- Item '13. - Page 505 City of Huntin` each September 28,2010 Planning Commission 2000 Main Street, Huntington Beach,CA 92648 Dear Planning Commission; I am writing in protest of the Negative Declaration, Staff Report dated today,Planning Commission reports and the hurried forcible annexation of Sunset Beach. As the Sunset Beach Community Association has not had the opportunity to vote on the issue of obtaining legal council in this matter and have been relying on the "Transition Committee"to collect and express the wishes and needs of our community; I feel this processes has been extremely accelerated and does not allow for proper representation, accurate information or adequate notice. As stated in Attachment No. 10.41 in regards to Sunset Beach having legal representation--it is NOT accurate. The"Transition Committee"has been circulating a list that has minute input from the community at large and has NOT been approved or voted on by the Sunset Beach Community Association Board. The issues raised and presented were from an original list by a self appointed committee with their own agenda prior to the annexation vote on August 2,2010. The "Transition Committee"is spending most of their time responding to emails regarding agendas of those who want to be on the committee. The committee is riddled with personal agendas, some are drunk with power, and as one committee member stated in an email: they are only adding or addressing the issues brought up by the community if they -the committee-deem the issue "worthy". This has been a great disservice to the residence of Sunset Beach. Your staff has been rushed to meet deadlines in this matter that have left many inaccuracies and too many unknowns with too many variables of taking Sunset Beach. The September 28, 2010 report was made available 4 business days prior to this meeting. It does not leave enough time to review and isn't allowing enough time for review&response by the citizens of Sunset Beach. If this report was submitted in a legal setting, even an experiencchitigator would be given more time to review and respond. As an active Sunset Beach community member I missed the few public notices of these meetings. The average Sunset Beach resident is not aware of these meetings on the issue of annexation and most have been during business hours. Communication, issues and decisions between Huntington Beach and the Transition Committee isn't being shared with it's own committee members,the SBCA board or the community at large. I am also perplexed as City Councilmen Keith Bohr stated many times in public meetings and to the press that"There will be no changes to Sunset Beach....."and also"The only thing that will be different is that the police cars will say HB on them". So why are these changes being made? The Planning Commission Report neglects to mention in its description of Sunset Beach- Park Ave. & Bayview, Sunset Island, as being apart of Sunset Beach. The report never clarifies if trash services will continue under the Sunset Beach Sanitary District. Library services will continue with Seal Beach, yet HB will be receiving the tax benefit. The report neglects the fact that Sunset Beach is primarily a residential area. And that the ownership of the beach is currently in question and ownership may not be that of the county. Item 13. - Page 506 -648- On Page 31 in the report it smoothes over the timelines of the different processes with LAFCO concerning Incorporation and Annexation. Also neglected in the report is the fact that Sunset Beach's process of Incorporation was squashed by a handful of Sunset Beach residents and the statements made by Joyce Crosswaithe of LAFCO at the August 2,2010 HB City Council meeting and also the vote on the issue of annexation. The issue of Police,Fire& Lifeguard services has been addressed in other protests and I agree along with the Citizen's Association of Sunset Beach and others who have responded. It does not make sense that you can provide services at no cost yet laying off,downsizing,and in need of$3million to$5million in equipment. In the peak of summer HB closed lifeguard stands in public areas yet;all the of emergency services required for our community of 1200 plus residents and 200,000 plus beach goers in Sunset Beach will be protected?In attachment No. 10-05 #2 the comparative cost for police &fire is for mutual aid and does not reflect regular preventative patrolling and are not at our current level of services and coverage. The issue of water shortage projected for Huntington Beach of 25%in the near future is not addressed. Referencing a document written in 1995 on water issues is outdated. A 15 year old master plan. In attachment No. 02.29 and 05.18 our main beach in Sunset Beach is not referenced only our beach on 11t' Street and PCH. There are no fire rings,trails,bike pathor any other details listed in this report. Many of the facts and figures quoted in the document and offer of the use of the Sunset Beach Fire Station were from the Seal Beach report that was a rough draft of services if we were to become a part of Seal Beach and not accurate to Huntington Beach. There are too many assumptions of statements regarding the Sunset Beach Community Association and not confirmed or agreed upon. Unfortunately I was unable to completely review the report and the many issues and details within the report. I feel the entire document and process should not move forward without accurate information and proper legal&community representation for the residents of Sunset Beach in the is matter. There are too many cost unknowns and too many variables that have not been addressed. There are too many limited aspectspeing addressed and flooding is yet another example. !tis�'fi I strongly request that report after tonight. documentse protestspf this action and corrects all the inaccuracies, omitted expenses of city services and neglected issues. Sincerely, , ,_. v� Diana Dodson PO Box 202 Sunset Beach, CA 90742 28 year resident Sunset Beach&environs -649- Item 13. - Page 507 i(e� 9 No September 28, 2010 Blair Farley, Chairman Huntington Beach Planning Commission 2000 Main Street Huntington Beach, CA 92648 Dear Chairman Farley: 1 am writing in regard to the Hearing on Sunset Beach Annexation by Huntington Beach on this date. There are numerous reasons why Huntington Beach should not annex Sunset Beach. The first reason is that Huntington Beach does not have any business annexing another town when they are already three million dollars in debt. They are stating that they can just absorb any and all expenses but do not show in their reports how that can be done. There was an article recently in the newspaper about their need for additional health and safety equipment, and yet the proposed budget for FY 2010-11 shows zero for police capital expenditures for improvements, equipment and vehicles. Regarding water, Attachment#2.29 talks about inadequate storage facilities but Policies contained in the 1995 Water Master Plan will address the inadequacies. It talks about the existing water distribution system being inadequate, but the 1995 Master Plan will address those inadequacies. It says it will participate in the Orange County Water District's project, anticipated start up date is 1997. Have these issues been addressed in the past 13-15 years? Where does the water issue stand now? Regarding the Sunset Beach Sanitary District, we have nothing in writing that states that Huntington Beach and/or Lafco will not place the District in the Huntington Beach sphere of influence and it will be swept into Huntington Beach like the town is being treated. There is also nothing in the reports that addresses trash pickup for Sunset Beach. Our trash is handled by the SBSD and paid through our properly taxes along with the sewer expense. We are not interested in Huntington Beach taking care of this service and charging additional fees. Sunset's main beach should not be co-mingled with the Huntington Beach City Beach in your descriptions. We don't have and don't want fire rings. There is no bike trail separated from vehicular traffic in Sunset Beach. There are many inaccuracies in your reports because H.B. is trying to rush through our annexation before there is a change in the City Council. There was no reason why H.B. couldn't have postponed doing anything about annexation until we had a chance to go through the Lafco process and have a Comprehensive Feasibility Analysis. Regarding Attachment 10.4, with a current budget deficit of three million dollars, how is H.B. going to pay Sunset Beach's share of the $1,500,000 of the dredging project for . Sunset Harbor? Item 13. - Page 508 -650- S Regarding the Sunset Beach Fire Station #3, according to an article in the paper we would not be losing the fire station if we were not going to be annexed to H.B. AND, it was never the intent that the fire station would be a police substation. That was a story that was spun out of offering to let Seal Beach occasionally use it to write their reports like we offered the O.C. Sheriffs. Many years ago the residents of Sunset Beach raised the money (through carnivals, etc.) to buy the three lots. They agreed to donate one lot.to Orange County for use as a fire station with local residents as volunteers. The fire station should be given back to the residents or, at the very least, sold back at a reasonable price. With reference to Attachment#10.43, we asked many times and in many ways for H.B. to back off and allow Sunset to see if we could feasibly be incorporated. We should - have-been allowed by Lafco to proceed with the Comprehensive Feasibility Analysis, but Joyce stated at the Huntington Beach Council Meeting in August that if H.B. voted to annex Sunset Beach she would not accept our$100,000.00 to do the study. With reference to Attachment#10.41, you are correct that the majority of Sunset Beach residents voted to seek incorporation if it was feasible in our survey of 2009. You are not correct about an attorney. The Incorporation Committee did raise money and did hire an attorney a few times to make sure we were doing the process correctly. However, the Transition Team from Sunset Beach has not retained a law firm and should have. The Transition Team does not, in my opinion, represent the majority of Sunset Beach residents. i respectfully request that the Planning Commission take more time to get all of the facts and figures correct before they proceed with annexing Sunset Beach. Sincerely, iuliaelurie P. O. Box 18 Sunset Beach, CA 90742 562 - 592-1071 Property Owner & 51 year resident of Sunset Beach -651- Item 13. - Page 509 Ph 3 9 � e _ �p f" ✓2 a J R5 k` ' m : W �'. A A s n e as s3 lk fu ..wrv�••j /� Hiw y v1t'S'w/1F � �'�:�+ R i U . ` 15, PROJECT LOCATION Sunset Beach Vicinity Map City of Huntington Beach poll t a i� tiers n s , s ® Sunslet Bach sp.—.plan Boundary - Hun[in�on Boesch boundary IQ J ® Exhibit 1.2 Aerial Photograph I Who 3 ® Between warner Avenue and Anders( 3 v k ,, Street on either side of Pacific Coast Highway T ® Exhibit 1.1 Vicinity Ma w Project located in the County of ®ran ® Approximately 134 acres z Wo W '. 'A C.'O"KG R 0 U N D ® County of ®range approved the Sunset reach LCP/Specific Plan in 1981 and amended it in 1990. ® California Coastal Commission certified the LCP/Specific Plan in 1983 and again in 1991 . 0 ® ®range County LAFC® placed Sunset Beach in the City's sphere of influence in 2009, allowing for annexation of the area to the City. r i z BACKGROUND ® City of Huntin ton Beach already .ter service to Sunset Beach. ® Through mutual aide agreements, the City provides police, fire and emergency medical response to Sunset Beach. ® Area served by Huntington -Beach Union High School..' District and ®ceanview School District. e ® Local sewer service by the Sunset Beach provided Sanitary District. o ' r , Y g�g IIC�I Flak ACKGROUND �6 ® City of Huntin ton Beach City Council approved the Annexation Feasibility Study on August 2, 20 10 and directed staff to proceed with annexation. ® City of Huntington Beach City Council formed a Sunset Beach Area City Council Committee to meet with Sunset Beach residents, propertyowners and businesses to discuss annexation and ongoing issues. There have been two meetings to-date. ........ RA 5 k "u .,. ....,,,....,,. .._,.x ..me..µ...,..... - _ x F On vE*,o',wATivE DE,%C.*,-oLA= RATION Nuo-& ,o I Opo"O"'I" OZ), i ■ Analyzes potential environmental impacts associated with implementation of the proposed project Concludes no significant impacts associated with the annexation and proposed Specific Plan, and associated entitlements ■ 30 Day Public Comment Period held ✓ Five comment letters received during this period: Caltrans, ® RWQCB, NAHC, LAFC®, Mr. Lokken ✓ Changes made in response to comments from RWQCB and Mr. -� Lokken w ,� Errata prepared j ;a. u m 9 dpill 92 ANN No ,, 10loOOl ■ Annex approximately 134 acres within unincorporated area of Orange County into City ■ Sunset Beach Sanitary District would continue in its current function w e 9t II 46 —01 M 00"'YEND"'04RAL PILAN Am " NDMEN"I* No ,. 10 0 0 2 ®As Amend the City's General Plan Map by: ® Designating General Dian land uses for the area consistent with orange County designations ri fi } ME ... All L,.F CENiJ p� NNWResldantiat filgh CJe.is�tY Parcels - 7 _ Camx+terciei Visitor-Mixed Usa CNenay _ - Right-of W y - i -<; ......»�«...PUUliC Huntlhyton Bosch Baundary _ II op..SpaCo Shpreline ^^'� Sun59t E3eacit Bou*tdafy Open Space-Water Ranragtipn -sP Specific Plan Cv—fay This de Si✓ohati6n applies to all Land Usos fqr this area. [ Pxhibit 2.1 Land Use Plan p� s a , vopma - GENERAL F_ff'PkLAN AMENDME',,NT No ,, 10 0 0%4*02W 1 ® Amend the Sub-area map and table to designate Sunset Beach as sub-area 4L ® Amend wording for Mixed Use overlay to reference specific plans Amend figures to reflect change in City boundary ® ® Amend the Recreation and Community Services Element to include Sunset Beach amenities and update inventory Amend the Utilities Element to add reference to the Sunset Beach Sanitary District. ya t "� •� ax„ � x 0 N I N to.-21v I IE m X T 'Am MENDMEN"I Na. I GmOO ® Adoption of the Sunset Beach Specific flan (SP 17) • Created to reflect the Sunset Beach Specific Plan as approved by the County of orange and the Coastal Commission ISM \Y f Hirt Ba Nr Reartlenhaf-�?.i:Mrxw F`arcala � Sunset kieeeh louen-Sl'tUAcrea '+-.) FNWN Ut W9Y Runes[Aeeah 1>arlung Fecflny -t 3.00 Acree -�••# .Pluhq Oturt,E3each UwrxJary - .. ' 3; Sunaet eaech(4—h A ea-ru'Y J4 Acrea Sunaet P.eaaM1 Bauntlary ,,, Sunaet Suach WaterwsYe-3 e10 Acfws - - - f Exhibit 3.1 Specific Plan Districts '�I 7TW M"W" .......... ■ Ma ZONIN%,--aw TE,%e%rT Amr.NNEDMNEN 1" ® 1 004%jv2 rii Changes proposed to Specific Plan in response to community, for consistency with state law and to clarify existing County practice (key items below): v"" Expanded list of prohibited uses in the residential and commercial areas per community request; v/ Updated processing requirements for day care, etc. for consistency with state law and ZSO noticing requirements; ✓ Added water quality section; ✓ Added requirement for bicycle parking for new development per the ZSO; ✓ Clarified processing requirements for CUPs and CDPs; and v/ Expanded on existing SP language to add what County has been permitting for beach encroachments. a , an ems:. a N y h AWW 01 ZONING MAP Jh'0R%MENDM11,N, No . ■ Amend the City's Zoning Map by. ■ Prezoning an approximately 134 acre portion of unincorporated Orange County to Sunset Beach Specific Plan with Coastal Zone overlay (SP 17®CZ). 0 �{ w v z , ,fix.- -ke, . '3unset Beach apecrtio Plan-C.-I Zone Overlay _ SPt 7-cx - LEGEND I _- � HY n[in�Yon 9aach BOUntlafy ShecNic Plan BOuntlary Exhibit 1.3 Zoning Map N : zsF x t y IL MC& C OA'K S TAff PROGAm AMP-'NDM'"NT N&"% I OM00 I i „ e 0 ■ Amend the Land Use Plan consistent with the General Plan land use designations ■ Amend Sub-area map and table to designate Sunset Beach as sub-area 4L, and wording for Mixed Use Overlay to reference specific plans ■ Amend figures to reflect change in City boundary ■ Amend the text and tables of the Land Use Plan to include Sunset Beach ■ Amend the Implementation Plan to reflect the Zoning Text and Map Amendments. gyj P L A Nr&4 1 N 0 M M 1 E-2`1 S 10%N v ■ September 28, 2010 Public Hearing, ■ Six speakers ■Planning Commission recommends approval of the Uproposed annexation, negative declaration and associated o p p entitlements for the General Plan, Local Coastal Program, Zoning p and d Specific, Plan g e �$1 OW y nANALYSIS f E .n Ul Negative Declaration No impacts for majority of issue areas as there is no development project proposed and no change in land use designations or density when compared with the existing County Specific Plan. ■ Less than significant impacts for Land Use & Planning, Transportation/ 0 Traffic and Hazards & Hazardous Materials due to street widths and some fire lane dimensions being less than required by the City. City provides adequate response despite these existing conditions. ■ Less than significant impacts for Greenhouse Gas Emissions due to indirect emissions associated with development that may occur in Sunset Beach in the future. ■ Less than significant impacts for Public Services due to potential increase in calls for service for Police and Fire. ✓ Two letters received after comment period; ✓ Departments can provide adequate coverage and response for Sunset Beach and City as whole. 4 Jr 43%1cs x, i q"� , ,f 5 •y „..a t f„' 1� t .1 it ,„ F / A .c. *00 i ANALYS ® Annexation ® City's General Plan requires Annexation Feasibility Study to determine if annexation is compatible with City's land uses, has economic benefit and whether annexation would place excessive burden on City services. ■ City Council approved Annexation Feasibility Study finding the project would result in revenues that will exceed expenditures for the City. 0 . Negative Declaration No. 10-005 concludes that City Departments along with Huntington Beach Union High School and Ocean View School Districts can ® adequately serve the City with the annexation of Sunset Beach. ® Annexation is a logical extension ` of existing City boundaries. , ■ Sunset Beach contains uses that are compatible IF- with City land uses in the area. c� Y x PIL . .=A•' .... ML wr m0A w NALYSIS Land Use Compatibility ® Sunset Beach Specific Plan reflects land uses as approved by Orange County and Coastal Commission. ✓ Residential High Density — Sunset Beach Residential a ✓ Visitor Serving Commercial — Sunset Beach Tourist ✓ Open Space-Shoreline — Sunset Beach Beach Area e ✓ Open Space-Water Recreation — Sunset Beach Waterways ✓ Public — Sunset Beach Parking Facility ■ Compatible with land uses in vicinity: Visitor k ' and Neighborhood Serving Commercial, Medium ` and Medium High Density Residential, Huntington Harbour channel system F. AN a 15 r "„ ANALYSIS 3 ■ General Plan and Local Coastal Program Amendments Project consistent with the General Plan Preserves unique neighborhood, promotes visitor serving and mixed uses, protects open space Text amendments provide for internal consistency ■ Project consistent with the Local Coastal Program Maintains existing coastal access and vista points Preserves coastal recreation resources and higher priority visitor serving • , ,rF commercial uses. ® ✓ Includes a water quality section Next amendments provide for internals r consistency �s,1 r r y l .. - § v wM e WANALYSIS 0 1 M 0 Specific Plan to ■ Consistent with General Plan and Local Coastal Program ■ Majority of site development standards remain the same ✓ They have generally worked for Sunset Beach given small lot sizes and limited area for development ® ✓ Provides for a smoother transition for residents and 0 businesses ■ Proposed changes reflect input from the Sunset Beach community F .t , g c 41 Ei"TAFI­"' S RE%'C�I#OMMIENDATION µ �. ? � F w Approve Negative Declaration No. 10-005 and approve GPA No. 10- 002, ZTA No. 10-002, .ZMA No. 10-001 , LCPA Noe 10-001 and Annexation No. 10-001 and forward to the City Council for approval based on the following: ✓ The project will not result in significant impacts on the environment; 0 ✓ The proposed land use and pre-zoning designations will result in land use and zoning consistent with the existing land use and ® zoning designations; ✓ The Specific Plan carries forward existing goals, policies and standards; The LCPA is consistent with the California Coastal Act and City LCP; and ✓ The project is consistent with and furthers the goals and policies � p, � � g contained in the General Plan. ' <.' I 114 LL 0 50, VIA, it 'i i a 'I, I Nki y E.1 try, Item 13. ® Page 530 -672-