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HomeMy WebLinkAboutZoning Map Amendment (ZMA) No. 18-002 by Adopting Ordinance City of Huntington Beach File #: 19-1186 MEETING DATE: 2/18/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Approve Zoning Map Amendment (ZMA) No. 18-002 by adopting Ordinance No. 4191 to amend the zoning designation from CG (Commercial General) to RM (Residential Medium Density) Approved for introduction February 3, 2020 - Vote: 7-0 Statement of Issue: Ordinance No. 4191 approved for introduction on February 3, 2020, requires adoption. Financial Impact: No fiscal impact. Recommended Action: Adopt Ordinance No. 4191 , "An Ordinance of the City of Huntington Beach Amending District Map 2 (Section Map 2-6-11) of the Huntington Beach Zoning and Subdivision to Rezone the Real Property Located at 712 Utica Avenue from Commercial General (CG) to Residential Medium Density (RM) (Zoning Map Amendment No. 2018-002)." Alternative Action(s): The City Council may take the following alternative motion(s). 1) Continue Zoning Map Amendment No. 18-002 and direct staff to return with findings for denial. 2) Continue Zoning Map Amendment No. 18-002 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant.- Mark Tran, 12601 Sweetbriar Drive, Garden Grove, CA 92840 Property Owner: Van Nguyen, 1814 Main Street, Huntington Beach, CA 92648 City of Huntington Beach Page 1 of 4 4,20 Printed on 2/13/2020 power LegistarT'^ File #: 19-1186 MEETING DATE: 2/18/2020 Location: 712 Utica Avenue, 92648 (south side of Utica Avenue, between Florida Street and Beach Boulevard) Zoning Map Amendment No. 18-002 represents a request to amend the existing zoning designation from CG (Commercial General) to RM (Residential Medium Density) to be consistent with the General Plan Land Use Element designation pursuant to Chapter 247 - Amendments of the Huntington Beach Zoning and Subdivision Ordinance. The proposed zoning map amendment is requested to facilitate the construction of a three- unit, three-story, for-sale condominium development. B. PROJECT ANALYSIS: The project site is located on an approximately 9,000 sq. ft. lot located on the south side of Utica Avenue between Florida Street and Beach Boulevard. Existing onsite is a commercial building, which will be demolished with the construction of the proposed three-unit, three-story condominium development. The current zoning designation on the property is CG (Commercial General) and the General Plan land use designation is RM (Residential Medium Density). The applicant is proposing to amend the zoning designation to be consistent with the General Plan, which is RM with a maximum density of 15 units per acre (Attachment No. 3). The surrounding multi-family residential properties have a zoning designation and General Plan land use designation of RM, with the exception of the adjacent property to the east, which also has a General Plan land use designation of RM and a zoning designation of CG; however, a single-family residence exists on that property. The recent General Plan update (adopted in 2017) foresaw this area to remain as RM. Therefore, the proposal to amend the zoning map from CG to RM is consistent with the goals and policies of the General Plan and is consistent with the land use designation within the surrounding area. The proposed project is consistent with the goals, policies, and objectives of the City's General Plan because the zoning map amendment will bring the zoning designation into consistency with the General Plan land use designation. Furthermore, the new construction of three-unit, three-story townhomes will continue the land use pattern of multi-family residential uses in the surrounding area and assist in meeting the overall housing needs of the community. The project supports infill development, as the project is located on an underutilized lot with a dated and distressed commercial building that will be demolished with the construction of the proposed three-unit, three-story townhome project. In addition, the proposed three units are attached and compatible in proportion, scale, and character of the surrounding neighborhood because similar attached multi-family units to the north, south, and west surround the site. Lastly, the attached townhomes will provide a mix of housing types to meet the diverse economic, social, and housing needs of the community. C. PLANNING COMMISSION MEETING AND RECOMMENDATION On November 12, 2019, the Planning Commission held a public hearing on the proposed City of Huntington Beach Page 2 of 4 Printed on 2/13/2020 powered,LegistarTM File #: 19-1186 MEETING DATE: 2/18/2020 project. There was one speaker who is the property owner of a single-family residence on the east of the project site. The speaker indicated concerns to the proposed height and potential shadow impacts to her existing one-story, single-family residence. The proposed building meets the maximum height limit of 35 feet and all other zoning code development standards such as setbacks. Therefore, the Planning Commission recommended but did not require through a condition of approval that the applicant work with the adjacent neighbor to revise the project layout and switch the building to the west side of the lot to minimize potential shadow impacts to the one-story, single-family residence to the east. Since the meeting, the applicant and the adjacent neighbor met with staff and the applicant has agreed to revise the layout to locate the building on the west side of the lot to reduce any shadow impacts to the single- family residence. The revisions to the plans do not require further review by the Planning Commission. The Planning Commission approved the development entitlements on November 12, 2019. No appeals of the Planning Commission's action on the development entitlements were filed within the 10-day appeal period that ended on November 22, 2019. The development entitlements were conditioned so they do not become effective until the zoning map amendment is approved and in effect. Planning Commission Action on November 12, 2019 THE MOTION MADE BY KALMICK, SECONDED BY SCANDURA, TO APPROVE ZONING MAP AMENDMENT NO. 18-002 AND FORWARD TO THE CITY COUNCIL AND APPROVE TENTATIVE TRACT MAP NO. 19-028 AND CONDITIONAL USE PERMIT NO. 18-041 WITH FINDINGS CARRIED BY THE FOLLOWING VOTE: AYES: Grant, Kalmick, Garcia, Mandic, Perkins, Ray, Scandura NOES: None ABSTAIN: None ABSENT: None MOTION PASSED Environmental Status: The project will not have any significant effect on the environment and is exempt from the provisions in the California Environmental Quality Act (CEQA) pursuant to Section 15183. Section 15183 applies to projects that are consistent with an adopted General Plan for which an Environmental Impact Report (EIR) was prepared and certified and where there are no potential environment effects peculiar to the proposed project. The project meets all criteria under Section 15183 and does not require additional environmental review. The City's General Plan was updated and adopted and the EIR was certified on October 2, 2017. The General Plan update and EIR considered the type and City of Huntington Beach Page 3 of 4 Printed on 2/13/2020 powere3Qq LegistarW File #: 19-1186 MEETING DATE: 2/18/2020 intensity of development, including the assignment of the RM land use designation for the project site parcel and the adjacent area. The project will not result in any potential environmental impacts peculiar to the site because the project is consistent with the development standards in the proposed zoning designation of RM such as parking, density, and access and is consistent with the adopted General Plan and analyzed in the certified EIR. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. Findings for Approval Zoning Map Amendment No. 18-002 2. Draft City Council Ordinance No. 4191 for ZMA 18-002 3. Vicinity Map 4. Existing and Proposed Zoning Map Amendment 5. Project Narrative Received and Dated July 31, 2019 6. Planning Commission Notice of Action for ZMA 18-002, CUP 18-041, and TTM 19-028 7. Planning Commission Staff Report dated November 12, 2019 City of Huntington Beach Page 4 of 4 Printed on 2/13/2020 powere3Q5/Legistar— w FMe)1V7)26&1e_ o9A! 9 City of Huntington Beach mac% �� LY File #: 19-1186 MEETING DATE: 2/3/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subiect: Approve Zoning Map Amendment (ZMA) No. 18-002 by approving for introduction Ordinance No. 4191 to amend the zoning designation from CG (Commercial General) to RM (Residential Medium Density) Statement of Issue: Transmitted for your consideration is.Zoning Map Amendment No. 18-002 to amend the zoning designation from CG (Commercial General) to RM (Residential Medium Density) to be consistent with the General Plan land use designation of RM (Medium Density) to construct a three-unit, three- story, for-sale condominium development. The Planning Commission recommends approval of the request. Financial Impact: No fiscal impact. Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: A) Find the Proposed Project Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15183 - Projects Consistent With a Community Plan or Zoning; and, B) Approve Zoning Map Amendment No. 18-002 with findings (Attachment No. 1) and approve for introduction Ordinance No. 4191, "An Ordinance of the City of Huntington Beach Amending District Map 2 (Section Map 2-6-11) of the Huntington Beach Zoning and Subdivision to Rezone the Real Property Located at 712 Utica Avenue from Commercial General (CG) to Residential Medium Density (RM) (Zoning Map Amendment No. 2018-002)." Alternative Action(s): The City Council may take the following alternative motion(s): 1) Continue Zoning Map Amendment No. 18-002 and-direct staff to return with findings for denial. City of Huntington Beach Page 1 of Printed on 1/29/2020 powere25i�Legistar- File #: 19-1186 MEETING DATE: 2/3/2020 2) Continue Zoning Map Amendment No. 18-002'and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant: Mark Tran, 12601 Sweetbriar Drive, Garden Grove, CA 92840 Property Owner: Van Nguyen, 1814 Main Street, Huntington Beach, CA 92648 Location: 712 Utica Avenue, 92648 (south side of Utica Avenue, between Florida Street and Beach Boulevard) Zoning Map Amendment No. 18-002 represents a request to amend the existing zoning designation from CG (Commercial General) to RM (Residential Medium Density) to be consistent with the General Plan Land Use Element designation pursuant to Chapter 247 - Amendments of the Huntington Beach Zoning and Subdivision Ordinance. The proposed zoning map amendment is requested to facilitate the construction of a three- unit, three-story, for-sale condominium development. B. PROJECT ANALYSIS: The project site is located on an approximately 9,000 sq. ft. lot located on the south side of Utica Avenue between Florida Street and Beach Boulevard. Existing onsite is a commercial building, which will be demolished with the construction of the proposed three-unit, three-story condominium development. The current zoning designation on the property is CG (Commercial General) and the General Plan land use designation is RM (Residential Medium Density). The applicant is proposing to amend the zoning designation to be consistent with the General Plan, which is RM with a maximum density of 15 units per acre (Attachment No. 3). The surrounding multi-family residential properties have a zoning designation and General Plan land use designation of RM, with the exception of the adjacent property to the east, which also has a General Plan land use designation of RM and a zoning designation of CG; however, a single-family residence exists on that property. The recent General Plan update (adopted in 2017) foresaw this area to remain as RM. Therefore, the proposal to amend the zoning map from CG to RM is consistent with the goals and policies of the General Plan and is consistent with the land use designation within the surrounding area. The proposed project is consistent with the goals, policies, and objectives of the City's General Plan because the zoning map amendment will bring the zoning designation into consistency with the General Plan land use designation. Furthermore, the new construction of three-unit, three-story townhomes will continue the land use pattern of multi-family residential uses in the surrounding area and assist in meeting the overall housing needs of the community. The City of Huntington Beach Page 2 of 4 Printed on 1/29/2020 powere2lr�LegistarT' File #: 19-1186 MEETING DATE: 2/3/2020 project supports infill development, as the project is located on an underutilized lot with a dated and distressed commercial building that will be demolished with the construction of the proposed three-unit, three-story townhome project. In addition, the proposed three units are attached and compatible in proportion, scale, and character of the surrounding neighborhood because similar attached multi-family units to the north, south, and west surround the site. Lastly, the attached townhomes will provide a mix of housing types to meet the diverse economic, social, and housing needs of the community. C. PLANNING COMMISSION MEETING AND RECOMMENDATION On November 12, 2019, the Planning Commission held a public hearing on the proposed project. There was one speaker who is the property owner of a single-family residence on the east of the project site. The speaker indicated concerns to the proposed height and potential shadow impacts to her existing one-story, single-family residence. The proposed building meets the maximum height limit of 35 feet and all other zoning code development standards such as setbacks. Therefore, the Planning Commission recommended but did not require through a condition of approval that the applicant work with the adjacent neighbor to revise the project layout and switch the building to the west side of the lot to minimize potential shadow impacts to the one-story, single-family residence to the east. Since the meeting, the applicant and the adjacent neighbor met with staff and the applicant has agreed to revise the layout to locate the building on the west side of the lot to reduce any shadow impacts to the single- family residence. The revisions to the plans do not require further review by the Planning Commission. The Planning Commission approved the development entitlements on November 12, 2019. No appeals of the Planning Commission's action on the development entitlements were filed within the 10-day appeal period that ended on November 22, 2019. The development entitlements were conditioned so they do not become effective until the zoning map amendment is approved and in effect. Planning Commission Action on November 12, 2019 THE MOTION MADE BY KALMICK, SECONDED BY SCANDURA, TO APPROVE ZONING MAP AMENDMENT NO. 18-002 AND FORWARD TO THE CITY COUNCIL AND APPROVE TENTATIVE TRACT MAP NO. 19-028 AND CONDITIONAL USE PERMIT NO. 18-041 WITH FINDINGS CARRIED BY THE FOLLOWING VOTE: AYES: Grant, Kalmick, Garcia, Mandic, Perkins, Ray, Scandura NOES: None ABSTAIN: None ABSENT: None City of Huntington Beach Page 3 of 4 Printed on 1/29/2020 powereZ,%� LegistarTI File #: 19-1186 MEETING DATE: 2/3/2020 MOTION PASSED. Environmental Status: The project will not have any significant effect on the environment and is exempt from the provisions in the California Environmental Quality Act (CEQA) pursuant to Section 15183. Section 15183 applies to projects that are consistent with an adopted General Plan for which an Environmental Impact Report (EIR) was prepared and certified and where there are no potential environment effects peculiar to the proposed project. The project meets all criteria under Section 15183 and does not require additional environmental review. The City's General Plan was updated and adopted and the EIR was certified on October 2, 2017. The General Plan update and EIR considered the type and intensity of development, including the assignment of the RM land use designation for the project site parcel and the adjacent area. The project will not result in any potential environmental impacts peculiar to the site because the project is consistent with the development standards in the proposed zoning designation of RM such as parking, density, and access and is consistent with the adopted General Plan and analyzed in the certified EIR. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. Findings for Approval Zoning Map Amendment No. 18-002 2. Draft City Council Ordinance No. 4191 for ZMA 18-002 3. Vicinity Map 4. Existing and Proposed Zoning Map Amendment 5. Project Narrative Received and Dated July 31, 2019 6. Planning Commission Notice of Action for ZMA 18-002, CUP 18-041, and TTM 19-028 7. Planning Commission Staff Report dated November 12, 2019 City of Huntington Beach Page 4 of 4 Printed on 1/29/2020 powered LegistarTM ATTACHMENT # 1 ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR APPROVAL ZONING MAP AMENDMENT NO. 18-002 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The project will not have any significant effect on the environment and is exempt from the provisions in the California Environmental Quality Act(CEQA) pursuant to Section 15183. Section 15183 applies to projects that are consistent with an adopted General Plan for which an Environmental Impact Report (EIR) was prepared and certified and where there are no potential environment effects peculiar to the proposed project. The project meets all criteria under Section 15183 and does not require additional environmental review. The City's General Plan was updated and adopted and the EIR was certified on October 2, 2017. The General Plan update and EIR considered the type and intensity of development, including the assignment of the RM land use designation for the project site parcel and the adjacent area. The project will not result in any potential environmental impacts peculiar to the site because the project is consistent with the development standards in the proposed zoning designation of RM such as parking, density, and access and is consistent with the adopted General Plan and analyzed in the certified EIR. FINDINGS FOR APPROVAL -ZONING MAP AMENDMENT NO. 18-002: Zoning Map Amendment No. 18-002 to rezone the 9,000 sq.ft. lot from CG (Commercial General) to RM (Residential Medium Density) is consistent with the goals, objectives, and land use policies of the General Plan as identified below. The land uses in the surrounding area are consistent with the proposed change in zoning because surrounding land uses include medium density residential uses to the north, south, and west. The project will be constructed in an urbanized area where there will be appropriate infrastructure and services available to support the proposed development. The proposed zoning map amendment would be consistent with the following General Plan goals, objectives and policies: A. Land Use Element Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure the land use pattern is consistent with the overall goals and needs of the community. Policy LU-IA: Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Policy LU-1C: Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-ID: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. 255 Goal LU-4A: Encourage a mix of residential types to accommodate people with diverse housing needs. The project is consistent with the land use designation of RM (Medium Density) because the project request includes a zoning map amendment to amend the zoning designation from CG (Commercial General) to RM (Residential Medium Density) with a maximum density of 15 units per acre. The zoning map amendment will also bring the zoning designation into consistency with the General Plan land use designation. Furthermore, the new construction of three-unit townhomes will continue the land use pattern of multi-family residential uses in the surrounding area and assist in meeting the overall housing needs of the community. The project supports infill development, as the project is located on an underutilized lot with a dated and distressed commercial building that will be demolished with the construction of the proposed three-unit townhome project. In addition, the proposed three units are attached and are compatible in proportion, scale, and character with the surrounding neighborhood because there are similar attached multi-family units to the north, south, and west of the site. Lastly, the attached townhomes will provide a mix of housing types to meet the diverse economic, social, and housing needs of the community. B. Housing Element Goal 1: Maintain and enhance the quality and affordability of existing housing in Huntington Beach. Policy 1.1 Neighborhood Character. Preserve the character, scale, and quality of established residential neighborhoods. Goal 2: Provide adequate housing sites through appropriate land use, zoning and specific plan designations to accommodate Huntington Beach's share of regional housing needs. Policy 2.1 Variety of Housing Choices: Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost and location, emphasizing locations near services and transit that promote walkability. Goal 3.1 Housing Diversity: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. Policy 4.3 Efficient Development Processing: Explore continued improvements to the entitlement process to streamline and coordinate the processing of permits, design review and environmental clearance. The project is consistent with the Housing Element because it will enhance the quality of the existing multi-family residential neighborhood and the project is subject to the HBZSO inclusionary ordinance that requires ten percent of the units to be dedicated as an affordable unit or to pay an in-lieu fee. The applicant will be paying an in-lieu fee for 0.3 of a unit, which will be used toward affordable housing needs in the community. The project will also preserve the character, scale, and quality of the existing neighborhood because it involves the construction of three, three-story, attached townhome units that are similar 256 to the surrounding multi-family residential units and provides a diversified mix of housing types for the different needs of the community. 2. Zoning Map Amendment No. 18-002 would only change the land use designation rather than a general land use provision and would not affect the uses authorized in and the standards prescribed for the proposed zoning district. 3. A community need is demonstrated for the change proposed. The changes would expand the opportunities for housing and address the needs of a growing population. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning map amendment would provide for a compatible multi-family residential land use. The zoning map amendment would result in zoning and General Plan land use designations that are consistent with one another and would allow the property to be rightfully developed. 257 ATTACHMENT #2 ORDINANCE NO. 4191 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING DISTRICT MAP 2 (SECTIONAL MAP 2-6-11) OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION TO REZONE THE REAL PROPERTY LOCATED AT 712 UTICA AVENUE FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL MEDIUM DENSITY (RM) ZONING MAP AMENDMENT NO. 2018-002 WHEREAS, pursuant to the State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate public hearings to consider Zoning Map Amendment No. 2018-002, which rezones the property generally located at 712 Utica Avenue on the south side of Utica Avenue and east of Florida Street from Commercial General (CG) to Residential Medium Density (RM); 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 ordain as follows: SECTION 1: That the real property located on the south side of Utica Avenue, past of Florida Street, and more particularly described in the legal description and map attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. SECTION 2: Distract Map 2 (Sectional Map 2-6-11) of the City of Huntington Beach Zoning and Subdivision Ordinance is hereby amended pursuant to Zoning Map Amendment No. 2018-002, which designated the zoning for the property located at 712 Utica Avenue as Residential Medium Density (RM) as shown in the amended Zoning Map, attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein. SECTION 3: This ordinance shall become effective 30 days after its adoption. 19-8040/215920 1 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the /Ff 7*- day of)efj�20,2D. ATTEST: APPROVED PTO FO City Clerk 7Dilector A orney VIE E AN APPR D: TIATED AND AP 7 , CityManager of Community Development ATTACHMENTS Exhibit A: Legal Description Exhibit B: Amended Zoning Map 19-8040/215920 2 O�ingn�Nt�. yl�l LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE EAST 60.00 FEET OF THE WEST 180.00 FEET OF THE NORTH 150.00 FEET OF BLOCK 2007, MAP OF EASTSIDE VILLA TRACT, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 4 PAGE 65 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM TWO PERCENT OF ALL OIL, GAS,MINERALS AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER SAID LAND,BUT WITHOUT RIGHT OF SURFACE ENTRY THEREON,AS RESERVED IN DEED RECORDED JUNE 10, 1958 IN BOOK 4310 PAGE 267 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM TWO PERCENT OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER SAID LAND,BUT WITHOUT RIGHT OF SURFACE ENTRY THEREON,AS SET FORTH IN A DEED RECORDED SEPTEMBER 19, 1962 IN BOOK 6254 PAGE 413 OF OFFICIAL RECORDS. APNo.025-200-39 Prepared by or under my supervision Q VESS/ONq No. 29595 m w m Lan N. Pham 9/4/2019 * Exp, 3-31-21 RCE 29595, Expires: 03/31/2021 Date qTF 01�1or A C.N. ENGINEERS EXHIBIT "All Engineering-Construction Legal Description for 53 Prairie Falcon Tentative Ma 2018-146 Aliso Viejo, CA 92656 p Phone: (949)302-2901 APNo. 025-200-39 Email: cachnguyen@ymail.com Address: 712 Utica Ave., Huntington Beach CA 92648 64w1flao6e /VO• W 17f �Xhiht� 6 SKECTH 30' ( 30' 1 z I 60' I 60' APNo.025-191-50 a I R/VN 1I 150' M UTICA AVENUE 450' _ _1 60' b N 90°00'00"E Ic "' L-1 co 30' 3 ' `t I r> a,U � I `° O N C? I? M O 1 O O' Q O I O 1 60' I 60' CDI N M O N N I N I N N J 04 J N N O O NO LL O O 0 WI Z I 6 U) 6 1 o Q W ¢ 1 ¢ ¢� IL ¢ 1 ¢ 1 WI ¢I — — — —14 — —I — —1 L-2 o� g APNo.025-200-65 1 I J, LINE BEARING DISTANCE RpFESS/p E L-1 N 90°00'00" E 60.00' Q �q SCALE: 1"=100' L-2 N 90000'00" E 60.00' GRAPHIC SCALE L-3 N 00°00'00" E 150.00' _ 25 0 25 50 L-4 N 00000'00" E 150.00' " z No. 29595 Exp. 3-31-21 RECORD DATA NOTES: *s Q THIS EXHIBIT WAS PREPARED FROM RECORD DATA AS �qTF OF CAS FO�� SHOWN IN EASTSIDE VILLA TRACT RECORDED IN BOOK 4,PAGE 65 MISCELLANEOUS MAPS IN THE OFFICE OF ORANGE COUNTY RECORDER,STATE OF CALIFORNIA. BASIS OF BEARINGS: THE CENTERLINE OF UTICA AVENUE BEING N90°00'00'.'E IN THE PARCEL MAP 35/45-47. C.N. ENGINEERS EXHIBIT 111311 Engineering-Construction Sketch to Acompany Legal Description for 53 Prairie Falcon Tentative Ma 2018-146 Aliso Viejo, CA 92656 p Phone: (949)302-2901 APNo. 025-200-39 Email: cachnguyengymail.com Address: 712 Utica Ave., Huntington Beach CA 92648 30' 130' I I 60' I 60' I R/1IV I 150' Cl) UTICA AVENUE 450'+ N 90'00'00;'—E'----c — `1 M M � R/W 30' 130' 19 ' w 60' I 60' O I Z Q I I N-j J I <I of z cf w i �w > QI I X:�i I I JI w:E I i Q I SCALE: 1"=100' LL GRAPHIC SCALE m l 25 0 25 50 30' 130' I � 60' ' 60' R/W R/W I � 150' M UTICA AVENUE � 450' I - - - - 0 60' - o -fie/�• - N 90°00'00"E I W M M -T R/W � RpFESS/0 30' 130' c� p Q ��! z Z I ' �`� N' P,y I z w I ' 60' wl o2 Of N I oQ I I j W No. 29595 o w i w( * Exp, 3-31-21 yE Q' I aW I I OI 9T CIVO- - - � - - - -I - -I = F0r CA1- oI , <I LL I m l C.N. ENGINEERS EXISTING AND PROPOSED Engineering-Construction ZONING PLAN FOR 53 Al v a Prairie Falcon Tentative M 2018-146 Aliso Viejo, CA 92656 p Phone: (949)302-2901 APNO. 025-200-39 Email: cachnguyen@ymail.com Address: 712 Utica Ave., Huntington Beach CA 92648 Ord. No. 4191 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, 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 February 3,2020, and was again read to said City Council at a Regular meeting thereof held on February 18, 2020, and was passed and adopted by the affirmative vote of at feast a majority of all the members of said City Council. AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden NOES: None ABSENT: None ABSTAIN: None I,Robin Estanislau,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 Wave on February 27,2020. In accordance with the City Charter of said City. Robin Estanislau, Ci_ Clerk City Clerk and ex-officio Clerk Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTAC H M E N T #3 s a g' MC F F-4 OUG-M — EDDiOFI � I ♦ FELIL wAP-W2 \ \ ♦ ♦ Buren w ♦ TALOM ♦ aLu o J ♦ .GAAFIELD /YWQCTovm ADAMS r r ATL ANSA r HA➢MT04 r c .tea e&NNMG 99 �t A VICINITY MAP ZONING MAP AMENDMET NO. 18-002/CONDITIONAL USE PERMIT NO. 18-041/TENTATIVE PARCEL MAP NO. 18-041 UTICA TOWNHOMES 263 ATTACHMENT #4 EXISTING ZONING DESIGNATION � I 't Ap , SITE .s RM CG - COMMERCIAL GENERAL RM - RESIDENTIAL MEDIUM DENSITY RH - RESIDENTIAL HIGH DENSITY SP 14 - BEACH AND EDINGER CORRIDORS SPECIFIC PLAN 264 PROPOSED ZONING DESIGNATION 4 T J Y� �PROJEC. SITE KM' CG - COMMERCIAL GENERAL RM - RESIDENTIAL MEDIUM DENSITY RH - RESIDENTIAL HIGH DENSITY SP 14 - BEACH AND EDINGER CORRIDORS SPECIFIC PLAN 265 ATTAC H M E N T #5 PROJECT ADDRESS: 712 UTICA AVE ` d PROJECT NARRATIVE `;' THIS SITE IS PRESENTLY ZONED AS "CG"AND HAS AN EXISTING 1315 1-STORY OFFICE BUILDING. WE ARE PROPOSING TO CHANGE THE ZONING TO "RM" DEMOLISH THE EXISTING OFFICE, SUBDIVIDE THE PROPERTY TO 3-UNITS RESIDENTIAL, AND REQUEST TO CONSTRUCT A PRIVACY GATE. EACH COMPLETED UNITS WILL INCLUDE 4 BEDROOMS, 3 BATHS, & 1 POWDER ROOM APPROX. 2100-2600 S.F. BUSINESS IS DIRECTLY TO THE NORTH AND RESIDENTIAL ALL TO THE SOUTH, EAST& WEST OF THE PROPERTY. 266 ATTACHMENT #6 e ®A UCitl6lt®n Beach Planning Commission a 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION November 13, 2019 Mark Tran 12601 Sweetbriar Drive Garden Grove, CA 92840 SUBJECT: ZONING MAP AMENDMENT NO. 18-0021 TENTATIVE TRACT MAP NO. 19- 028/CONDITIONAL USE PERMIT NO. 18-041 (UTICA TOWNHOMES) APPLICANT: Mark Tran, 12601 Sweetbriar Drive, Garden Grove, CA 92840 PROPERTY OWNER: Van Nguyen, 1814 Main Street, Huntington Beach, CA 92648 REQUEST: To amend the zoning designation from CG (Commercial General) to RM (Residential Medium Density) to construct a three-unit, three-story, for-sale condominium development with a height that exceeds 25 feet. The project includes the subdivision of an approximately 9,000 sq. ft. lot for condominium purposes. LOCATION: 712 Utica Avenue, 92648 (south side of Utica Ave., between Florida St. and Beach Blvd.) DATE OF ACTION: November 12, 2019 On Tuesday, November 12 2019, the Huntington Beach Planning Commission took action on your application, and recommended approval with modifications of Zoning Map Amendment 18-002 with findings by approving draft City Council Ordinance No. 4191 and forward to the City Council, and approved Conditional Use Permit No. 18-041, and Tentative Tract Map No. 19-028 with findings and conditions of approval. Pease see the attachment list for the applicable documents for each application. Zoning Map Amendment 18-002 will now be forwarded to the City Council for final review and action at a noticed public hearing. You will be notified of the upcoming City Council meeting when it is scheduled. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Phone 714-536-5271 Fax 714-374-1540 www.surfcity-%-org Notice of Action:ZMA 18-001/TTM 19-028/CUP 18-041 November 13,2019 Page 2 Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand, Three Hundred Fifty-Three Dollars ($2,353.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Seven Hundred Seventy-Eight Dollars ($3,778.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is November 22, 2019 at 5:00PM. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, or at an alternative time specified as a condition of approval, unless actual construction has started. "Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020." If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Jessica Bui, the project planner, at (714) 374-5317 or via email at Jessica.Bui@surfcity-hb.org, or the Community Development Department at (714) 536-5271. Sincerely, Ursula Luna-Reynosa, Secretary Planning Commission Jennifer V,iflasenor, Deputy Director of Community Development ULR:JV:JB:kdc Attachments: 1. Findings and Conditions of Approval —ZMA 18-001/TTM 19-028/CUP 18-041 2. Draft City Council Ordinance No. 4191 c: Honorable Mayor and City Council Chair and Planning Commission Oliver Chi, City Manager Ursula Luna-Reynosa, Director of Community Development Tim Andre, Fire Division Chief Mike Vigliotta, Chief Assistant City Attorney Debbie DeBow, Principal Civil Engineer Eric Haghani, Building Manager 268 Notice of Action:ZMA 18-001r TM 19-028/CUP 18-041 November 13,2019 Page 3 Jessica Bui, Associate Planner Property Owner Project File 269 FINDINGS AND CONDITIONS OF APPROVAL ZONING MAP AMENDMENT NO. 18-002 TENTATIVE TRACT MAP NO. 19-028 CONDITIONAL USE PERMIT NO. 18-041 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 of the CEQA Guidelines because the project is located in an urbanized area and involves the construction of three, multi-family residential units. FINDINGS FOR APPROVAL -ZONING MAP AMENDMENT NO. 18-002: Zoning Map Amendment No. 18-002 to rezone the 9,000 sq. ft. lot from CG (Commercial General) to RM (Residential Medium Density) is consistent with the goals, objectives, and land use policies of the General Plan as identified below. The land uses in the surrounding area are consistent with the proposed change in zoning because surrounding land uses include medium density residential uses to the north, south, and west. The project will be constructed in an urbanized area where there will be appropriate infrastructure and services available to support the proposed development. The proposed zoning map amendment would be consistent with the following General Plan goals, objectives and policies: A. Land Use Element Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1A: Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Policy LU-1 C: Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-ID: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Goal LU-4A: Encourage a mix of residential types to accommodate people with diverse housing needs. The project is consistent with the land use designation of RM (Medium Density) because the project request includes a zoning map amendment to amend the zoning designation from CG (Commercial General) to RM (Residential Medium Density) with a maximum density of 15 units per acre. The zoning map amendment will also bring the zoning G:1PC1NOA1191111219 ZMA 18-001-TTM 19-028-CUP 18-041 Attachment 1.1 270 designation into consistency with the General Plan land use designation. Furthermore, the new construction of three-unit townhomes will continue the land use pattern of multi- family residential uses in the surrounding area and assist in meeting the overall housing needs of the community. The project supports infill development, as the project is located on an underutilized lot with a dated and distressed commercial building that will be demolished with the construction of the proposed three-unit townhome project. In addition, the proposed three units are attached and are compatible in proportion, scale, and character with the surrounding neighborhood because there are similar attached multi-family units to the north, south, and west of the site. Lastly, the attached townhomes will provide a mix of housing types to meet the diverse economic, social, and housing needs of the community. B. Housing Element Goal 1: Maintain and enhance the quality and affordability of existing housing in Huntington Beach. Policy 1.1 Neighborhood Character. Preserve the character, scale, and quality of established residential neighborhoods. Goal 2: Provide adequate housing sites through appropriate land use, zoning and specific plan designations to accommodate Huntington Beach's share of regional housing needs. Policy 2.1 Variety of Housing Choices: Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost and location, emphasizing locations near services and transit that promote walkability. Goal 3.1 Housing Diversity Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. Policy 4.3 Efficient Development Processing: Explore continued improvements_ to the entitlement process to streamline and coordinate the processing of permits, design review and environmental clearance. The project is consistent with the Housing Element because it will enhance the quality of the existing multi-family residential neighborhood and the project is subject to the HBZSO inclusionary ordinance that requires ten percent of the units to be dedicated as an affordable unit or to pay an in-lieu fee. The applicant will be paying an in-lieu fee for 0.3 of a unit, which will be used toward affordable housing needs in the community. The project will also preserve the character, scale, and quality of the existing neighborhood because it involves the construction of three, three-story, attached townhome units that are similar to the surrounding multi-family residential units and provides a diversified mix of housing types for the different needs of the community. 2. Zoning Map Amendment No. 18-002 would only change the land use designation rather than a general land use provision and would not affect the uses authorized in and the standards prescribed for the proposed zoning district. G:\PCUVOA\19\111219 ZMA 18-001-TTM 19-028-CUP 18-041 Attachment 1.2 271 3. A community need is demonstrated for the change proposed. The changes would expand the opportunities for housing and address the needs of a growing population. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning map amendment would provide for a compatible multi-family residential land use. The zoning map amendment would result in zoning and General Plan land use designations that are consistent with one another and would allow the property to be rightfully developed. FINDINGS FOR APPROVAL -TENTATIVE TRACT MAP NO. 19-028: 1, Tentative Tract Map No. 19-028 for a one lot subdivision of an approximately 9,000 sq. ft. lot for condominium purposes to construct three attached multi-family residences is consistent with the goals, policies, and objectives of the General Plan Land Use Element that govern subdivision and residential development. The project, with conditions of approval, complies with the requirements of the proposed RM (Residential Medium Density) in regards to access, height, setbacks, and parking. In addition, a condition of approval will ensure the project complies with minimum open space requirements. 2. The site is physically suitable for the type and density of development. The project site is able to accommodate the type of development proposed from a public service, circulation, and drainage perspective. The proposed subdivision will result in a density of fifteen units per acre. The proposed density meets the maximum density of fifteen units per acre of RM (Residential Medium Density) land use designation for which the project is proposing to be designated. The proposed density would be consistent with the surrounding neighborhood. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The site has been previously used as a commercial use. The site does not contain any significant habitat for wildlife or fish. Design features of the project as well as compliance with the provisions of the Huntington Beach Zoning and Subdivision Ordinance will ensure that the subdivision will not significantly impact the function and value of any resources adjacent to the project site. 3. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 18-041: 1. Conditional Use Permit No. 18-041 for the development of an attached three-unit, three- story condominium with a height that exceeds 25 feet will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the new structure is designed to comply with all current applicable development standards in the RM (Residential Medium Density) zoning designation which is consistent with the surrounding neighborhood. The conditions of approval will ensure the project will comply with building setbacks, minimum onsite parking, open space, and height. The proposed development is compatible with the surrounding uses in that other structures of similar height and mass exist in the adjacent area. The varied rooflines and wall articulation provide visual interest and help to reduce the mass of the building. G:1PC1N0A1191111219 ZMA 18-001-1TM 19-028-CUP 18-041 Attachment 1.3 272 2. The granting of Conditional Use Permit No. 18-041 for the development of an attached three-unit, three-story condominium with a height that exceeds 25 feet will not adversely affect the General Plan because the request is.consistent with the Land Use Element designation of RM on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1A: Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Policy LU-1C: Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-ID' Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Goal LU-4A: Encourage a mix of residential types to accommodate people with diverse housing needs. The project is consistent with the land use designation of RM (Medium Density) because the project request includes a zoning map amendment to amend the zoning designation from CG (Commercial General) to RM (Residential Medium Density) with a maximum density of 15 units per acre. The zoning map amendment will also bring the zoning designation into consistency with the General Plan land use designation. Furthermore, the new construction of three-unit townhomes will continue the land use pattern of multi- family residential uses in the surrounding area and assist in meeting the overall housing needs of the community. The project supports infill development, as the project is located on an underutilized lot with a dated and distressed commercial building that will be demolished with the construction of the proposed three-unit townhome project. In addition, the proposed three units are attached and are compatible in proportion, scale, and character with the surrounding neighborhood because there are similar attached multi-family units to the north, south, and west of the site. Lastly, the attached townhomes will provide a mix of housing types to meet the diverse economic, social, and housing needs of the community. B. Housing Element Goal 1: Maintain and enhance the quality and affordability of existing housing in Huntington Beach. Policy 1.1 Neighborhood Character. Preserve the character, scale, and quality of established residential neighborhoods. G:IPC1NOAt191111219 ZMA 18-001-TfM 19-028-CUP 18-041 Attachment 1.4 273 Goal 2: Provide adequate housing sites through appropriate land use, zoning and specific plan designations to accommodate Huntington Beach's share of regional housing needs. Policy 2.1 Variety of Housing Choices: Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost and location, emphasizing locations near services and transit that promote walkability. Goal 3.1 Housing Diversity: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. Policy 4.3 Efficient Development Processing: Explore continued improvements to the entitlement process to streamline and coordinate the processing of permits, design review and environmental clearance. The project is consistent with the Housing Element because it will enhance the quality of the existing multi-family residential neighborhood and the project is subject to the HBZSO inclusionary ordinance that requires ten percent of the units to be dedicated as an affordable unit or to pay an in-lieu fee. The applicant will be paying an in-lieu fee for 0.3 of a unit, which will be used toward affordable housing needs in the community. The project will also preserve the character, scale, and quality of the existing neighborhood because it involves the construction of three, three-story, attached townhome units that are similar to the surrounding multi-family residential units and provides a diversified mix of housing types for the different needs of the community. 3. Conditional Use Permit No. 18-041 for the development of an attached three-unit, three- story condominium with a height that exceeds 25 feet will comply with the provisions of the proposed RM (Residential Medium Density) district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance because the new structure is designed to comply with all applicable development standards including building setbacks, minimum onsite parking, and height. Furthermore, as conditioned, the project will be required to provide the minimum code required private and common open space. CONDITIONS OF APPROVAL—TENTATIVE TRACT MAP NO. 19-028: 1. The Tentative Tract Map No. 19-028 received and dated October 21, 2019 shall be the approved layout. 2. The final map for Tentative Tract Map No. 19-028 shall not be approved by the City Council until Zoning Map Amendment No. 18-002 is approved and in effect. 3. At least 90 days before City Council action on the final map, Conditions Covenants & Restrictions (CC&Rs) shall be submitted to the Community Development Department, Public Works, Fire, and City Attorney's office for review and approval. The CC&Rs shall include the following: L Provide for maintenance, repair and replacement by a Homeowner's Association (HOA) for all common area landscaping, maintenance of walls, irrigation, drainage facilities, water quality BMP's, water system lines, fire system lines, sewer system lines, and private service utilities. GAPMNOA119\111219 ZMA 18-001-TTM 19-028-CUP 18-041 Attachment 1.5 274 ii. Best Management Practices (BMP's as per the approved Water Quality Management Plan (WQMP). iii. The CC&Rs shall restrict any revision or amendment of the WQMP except as may be dictated by either local, state or federal law and the LIP. iv. Appropriate language shall be included to restrict garages to be converted to living quarters, workshops, or storage that will preclude the parking of two vehicles, all open parking spaces within the project shall be unassigned and available for visitors and guests. v. Appropriate language shall be included to restrict boat, trailer, camper, off-road vehicle, golf cart, commercial vehicle, mobile home, motor home, bus, or other recreational vehicle or any non-operating vehicle shall be parked or stored in any open parking spaces. Towing of vehicles violating the parking restrictions shall be included. 4. Comply with all applicable Conditional Use Permit No. 18-041 conditions of approval. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 18-041: 1. The site plan, floor plans, and elevations received and dated October 21, 2019 shall be the conceptually approved design with the following modifications: a. Minimum open space shall be provided in accordance with Huntington Beach Zoning and Subdivision Ordinance Section 210.06; including minimum dimensions for private and common open space and the minimum private open space required per unit. b. Balconies shall not align with windows and shall not be oriented toward the rear yard of the one-story, single-family residence directly east of the subject site (718 Utica Avenue). c. Provide elevation plans showing all new windows on the east elevation of the first floor to be offset from the one-story, single-family residence directly east of the subject site (718 Utica Avenue). d. The site plan shall note a six-foot high block with a two-foot lattice extension on the wall will separate the project from the one-story, single-family residence directly east of the subject site (718 Utica Avenue). 2. Prior to the issuance of building permits, in-lieu fees for affordable housing shall be paid in full to the Community Development Department. 3. Green building strategies shall be incorporated into the construction of the residential units that meet all mandatory measures of the State of California Housing and Community Development's 2010 California Green Building Code, including providing energy efficiency 30 percent greater than the 2008 California Energy Commission Title 24 code standards. Incorporation of sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategorvlD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/index.cfm?fuseaction=quidelines). G:IPCIN0AU91111219 ZMA 18-001-TfM 19-028-CUP 18-041 Attachment 1.6 275 4. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Construction equipment shall be maintained in peak operating condition to reduce emissions. b. Use low sulfur(0.5%) fuel by weight for construction equipment. c. Truck idling shall be prohibited for periods longer than 10 minutes. d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. e. Discontinue operation during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity. g. All Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. 5. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. Submit three (3) copies of the site plan and the processing fee to the Community Development Department for addressing purposes after street name approval by the Fire Department. 6. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released for the first residential unit until the following has been completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 7. Conditional Use Permit No. 18-041 shall become null and void unless exercised within two years of the date of the final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 8. The development services departments (Planning and Building, Fire, and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Directors of Community Development and Public Works may G:IPCINOA1991111219 ZMA 18-001-TTM 19-028-CUP 18-041 Attachment 1.7 276 approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. 9. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or.proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G:1PCINOA\191111219 ZMA 18-001-TrM 19-028-CUP 18-041 Attachment 1.8 277 ATTACHMENT #7 7f-r _ City of Huntington Beach File #: 19-1017 MEETING DATE: 11/12/2019 PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Ursula Luna-Reynosa, Community Development Director BY: Jessica Bui, Associate Planner SUBJECT: ZONING MAP AMENDMENT NO. 18-001/ TENTATIVE TRACT MAP NO. 19- 028/CONDITIONAL USE PERMIT NO. 18-041 (UTICA TOWNHOMES) REQUEST: To amend the zoning designation from CG (Commercial General) to RM (Residential Medium Density) to construct a three-unit,. three-story, for-sale condominium development with a height that exceeds 25 feet. The project includes the subdivision of an approximately 9,000 sq. ft. lot for condominium purposes. LOCATION: 712 Utica Avenue, 92648 (south side of Utica Ave., between Florida St. and Beach Blvd.) APPLICANT: Mark Tran, 12601 Sweetbriar Drive, Garden Grove, CA 92840 PROPERTY OWNER: Van Nguyen, 1814 Main Street, Huntington Beach, CA 92648 STATEMENT OF ISSUE: 1. Is the project proposal consistent with the City of Huntington Beach land use regulations (i.e., General Plan land use designation, Zoning Map and Zoning Code including any specific plans and overlay districts where applicable)? 2. Does the project proposal satisfy all the findings required for approving a Zoning Map Amendment, Conditional Use Permit, and Tentative Tract Map? 3. Has the appropriate level of environmental analysis been determined? RECOMMENDATION: That the Planning Commission take the following actions: City of Huntington Beach Page 1 of 7 Printed on 11/12/2019 powereZ_k$ LegistarW File #: 19-1017 MEETING DATE: 11/12/2019 A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 - New Construction or Conversion of Small Structures. B) Recommend approval of Zoning Map Amendment 18-002 with findings (Attachment No. 1) by approving draft City Council Ordinance No. 4191 and forward to the City Council, and approve Conditional Use Permit No. 18-041, and Tentative Tract Map No. 19-028 with findings and conditions of approval (Attachment No. 1) ALTERNATIVE ACTION(S): A) Continue Zoning Map Amendment No. 18-002, Conditional Use Permit No. 18-041, and Tentative Tract Map No. 19-028 and direct staff to return with findings for denial. B) Continue Zoning Map 19-028 and direct staff to return accordingly. PROJECT PROPOSAL: Zoning Map Amendment No. 18-001 is a request to amend the existing zoning designation of an approximately 9,000 sq. ft. lot from CG (Commercial General) to RM (Residential Medium Density) to be consistent with the existing General Plan land use designation pursuant to Chapter 247 - Amendments of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). Tentative Tract Map No. 19-028 represents a request for a one lot subdivision for condominium purposes to accommodate three attached townhome units and common areas pursuant to Chapter 250 - Subdivisions of the HBZSO. Conditional Use Permit No. 18-041 represents a request to construct a three-unit, three-story condominium development with a height that exceeds 25 feet pursuant to Chapter 210 - Residential Districts of the HBZSO. Background: The project site is located on an approximately 9,000 sq. ft. lot located on the south side of Utica Avenue between Florida Street and Beach Boulevard. Existing onsite is a commercial building, which will be demolished with the construction of the proposed three-unit, three-story condominium development. The current zoning designation on the property is CG (Commercial General) and the General Plan land use designation is RM (Residential Medium Density). The zoning ordinance and zoning designations must be consistent with the General Plan. As such, the applicant is proposing to amend the zoning designation to be consistent with the General Plan, which is RM with a maximum density of 15 units per acre (Attachment No. 3). The surrounding multi-family residential properties have a zoning designation and General Plan land use designation of RM, with the exception of the adjacent property to the east, which also has a General Plan land use designation of RM and a zoning designation of CG; however, a single-family residence exists on that property. The recent General Plan update (adopted in 2017) foresaw this area to remain as RM. Therefore, the proposal to amend the zoning map from CG to RM is consistent with the goals and policies of the General Plan. ISSUES AND ANALYSIS: Subject Property And Surrounding General Plan Designations, Zonin_g And Land Uses: City of Huntington Beach Page 2 of 7 Printed on 11/12/2019 powere217t%LegistarTM File #: 19-1017 MEETING DATE: 11/12/2019 LOCATION GENERAL PLAN ZONING LAND USE Subject Property: RM (Residential CG (Commercial Commercial Medium Density) General) North of Subject RM (Residential RM (Residential Medium Multi-Family Property: Medium Density); PS Density) Residential/ (RM) Commercial (Public/Semipublic) (Residential Medium Density) East of Subject RM (Residential CG (Commercial Single-family Property: Medium Density) General) residence South and West of RM (Residential RM (Residential Medium RM (Residential Subject Property: Medium Density) Density) Medium Density) General Plan Conformance: The General Plan Land use Map designation on the subject property is RM (Medium Density). The proposed project is consistent with this designation and the goals, policies, and objectives of the City's General Plan as follows: Land Use Element Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure the land use pattern is consistent with the overall goals and needs of the community. Policy LU-IA: Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Policy LU-1 C: Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1D: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Goal LU-4A: Encourage a mix of residential types to accommodate people with diverse housing needs. The project is consistent with the land use designation of RM (Medium Density) because the project request includes a zoning map amendment to amend the zoning designation from CG (Commercial General) to RM (Residential Medium Density) with a maximum density of 15 units per acre. The zoning map amendment will also bring the zoning designation into consistency with the General Plan land use designation. Furthermore, the new construction of three-unit, three-story townhomes will City of Huntington Beach Page 3 of 7 Printed on 11/12/2019 powere2$Q,LegistarTM File #: 19-1017 MEETING DATE: 11/12/2019 continue the land use pattern of multi-family residential uses in the surrounding area and assist in meeting the overall housing needs of the community. The project supports infill development, as the project is located on an underutilized lot with a dated and distressed commercial building that will be demolished with the construction of the proposed three-unit, three-story townhome project. In addition, the proposed three units are attached and compatible in proportion, scale, and character of the surrounding neighborhood because similar attached multi-family units to the north, south, and west surround the site. Lastly, the attached townhomes will provide a mix of housing types to meet the diverse economic, social, and housing needs of the community. Zoning Compliance: The three-unit, three-story townhome project is designed under the proposed RM zoning designation and complies with all requirements of the RM zoning district of the HBZSO. The zoning map amendment from CG to RM and the construction of three residential units that exceed the height of 25 feet is subject to the approval of a conditional use permit to the Planning Commission. A one-lot subdivision for condominium purposes allows the property owner to sell each unit individually with common interest in shared areas such as the common open space, landscaping, driveway, and guest parking spaces. The project complies with front, side, and rear setbacks, height, minimum parking requirements, and open space (Attachment No. 9). The project is required to provide a minimum of 1769 sq. ft. of open space in private and common areas. The code also requires ground floor units such as these to provide 400 sq. ft. of private open space per unit with no dimension less than 10 feet for courts and minimum six feet for balconies. Each unit has 151 sq. ft. of private open space that meets the minimum 10 feet dimension on the ground floor. In addition, one unit has two decks on the second floor with the minimum required dimension of six feet where one is 62 square feet and the other is 78 square feet. In total, that unit has 291 square feet. The other two units also have two decks with the minimum required dimension of six feet on the second floor with one at 50 square feet and the other at 78 square feet. With the 156 square feet of ground floor private open space, the total is 279 square feet for those two units, which does not meet the minimum of 400 square feet of private open space per unit. For common open space, the project proposes a 528 square feet common area in the rear of the lot. In total, the project provides 1,377 square feet of open space (private and common) and is short 392 square feet of the minimum required. Staff is recommending a condition of approval that will require the applicant to provide the minimum private and common open space during building plan check review, which may require minor revisions to the floor plan. See the open space breakdown below: Open Space Required: a. 1,769 sq. ft. (common and private) b. 400 sq. ft. of private open space per unit for four bedroom units a. 400 * 3 units = 1,200 sq. ft. private open space c. Remaining common open space minimum = 569 sq. ft. Open Space Provided: Common Open Space: Rear of Lot - 528 sq. ft. *Needs 41 sq. ft. more to comply City of Huntington Beach Page 4 of 7 Printed on 11/12/2019 powereZEI:y Legistar'M File #: 19-1017 MEETING DATE: 11/12/2019 Unit A Private Open Space: Ground Floor - 151 sq. ft. Deck 1 - 62 sq. ft. Deck 2 - 78 sq. ft. Total = 291 sq. ft. *Needs 109 sq. ft. more to comply Unit 8 Private Open Space: Ground Floor - 151 sq. ft. Deck 1 - 50 sq. ft. Deck 2 - 78 sq. ft. Total = 279 sq. ft. *Needs 121 sq. ft. more to comply Unit C Private Open Space: Ground Floor - 151 sq. ft. Deck 1 - 50 sq. ft. Deck 2 - 78 sq. ft. Total = 279 sq. ft. *Needs 121 sq. ft. more to comply TOTAL PROVIDED - 1,377 sq. ft. Access onto the site is taken from Utica Avenue onto a driveway approach that leads to side-loading, two-car garages and open space parking. Multifamily dwellings with three or more bedrooms require 2.5 parking spaces per unit and 0.5 space per unit. With three, four-bedroom units, the project would require 7.5 parking spaces and 1.5 guest spaces for a total of nine parking spaces. The project proposes nine parking spaces where six are enclosed within three, separate two-car garages and three open guest spaces in the rear of the lot. See below for a breakdown on parking: Required Parking for Multifamily Dwellings Three or more bedrooms = 2.5 spaces per unit, plus Guest = 0.5 spaces per unit Provided Parkinq Three, four-bedroom units = 3 units x 2.5 spaces = 7.5 spaces required Guest = 3 units x 0.5 spaces = 1.5 spaces required TOTAL = 9 parking spaces required and provided on site Affordable Housing Projects that propose three or more units are subject to provide affordable housing per Section 230.26 of the HBZSO. A minimum of 10 percent of new residential construction are required to be affordable housing units. In this case, the project would be required to provide 0.3 unit for affordable housing; however, developers of residential projects consisting of 30 or fewer units can pay an in-lieu fee instead of providing the units onsite. The applicant proposes to pay an in-lieu fee for 0.3 units to satisfy the affordable housing requirement. City of Huntington Beach Page 5 of 7 Printed on 11/12/2019 powereZ82j LegistarTM File #: 19-1017 MEETING DATE: 11/12/2019 Park and Recreation Fees New residential developments are subject to parkland fees, per City Council Resolution No. 2012-66. Attached dwelling units require $13,385 per unit and the applicant will be required to pay that amount in full prior to the issuance of a building permit. Urban Design Guidelines Conformance: The Huntington Beach Urban Design Guidelines contain guidelines specific to multi-family residential development. The project conforms to the objectives and standards contained in the Guidelines. The project complies with general design objectives providing high quality architectural and landscape design in massing and scale with existing residential developments surrounding the project site. There is no particular architectural style requirement for multi-family residential developments; however, the focus is on developing a high quality residential environment. The project meets that Design Guideline intent by creating visual interest and an identity that enhances the existing neighborhood with its contemporary architectural design while maintaining a sense of harmony with the surrounding buildings. The building also provides visual interest with varied rooflines, variation in the wall planes, and a mix of colors and material such as smooth stucco, wood trims, wood tile, and canopy structures. Lastly, open space is provided in the rear of the lot and provides shelter from noise and traffic of adjacent streets and landscaping is provided in all setback areas. Environmental Status: The project will not have any significant effect on the environment and is exempt from the provisions in the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 of the CEQA Guidelines because the project is located in an urbanized area and involves the construction of a multi-family townhome development, not totaling more than six dwelling units on the subject site. Coastal Status: Not applicable. Design Review Board: Not applicable. Other Departments Concerns and Requirements: The Departments of Community Development, Public Works, and Fire have reviewed the project and identified a list of code requirements (Attachment No. 8) applicable to the project. Public Notification: Legal notice was published in the Huntington Beach Wave on October 31, 2019, and notices were sent to property owners of record and occupants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Community Development Department's Notification Matrix), and applicant. Written communications received prior to the November 12, 2019 Planning Commission meeting will be forwarded to the Planning Commission. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): September 12, 2019 November 12, 2019 City of Huntington Beach Page 6 of 7 Printed on 11/12/2019 powered LegistarTm File #: 19-1017 MEETING DATE: 11/12/2019 SUMMARY: Consistent with the RM (Medium Density) Land Use Designation of the General Plan and the proposed RM (Residential Medium Density) zoning designation. - Consistent with the City's Urban Design Guidelines for multi-family residential development. - In full compliance with the proposed RM zoning designation development standards including parking, height, open space, and setbacks. - The project meets the requirements of the Subdivision Map Act. - The project contributes to the City's housing stock, including affordable housing as required by existing City requirements, thereby assisting to achieve the City's overall housing goals. ATTACHMENTS: 1. Suggested Findings and Conditions of Approval for Zoning Map Amendment No. 18-002, Conditional Use Permit No. 18-041, and Tentative Tract Map No. 18-19-028 2. Draft City Council Ordinance No. 4191 for ZMA 18-002 3. Existing and Proposed Zoning Map Amendment 4. Vicinity Map 5. Project Narrative Received and Dated July 31, 2019 6. Site Plan, Floor Plans, 19-028 dated October 21, 2019 7. Tentative Tract Map No. 2019-028 8. Code Requirements Letter 9. Zoning Conformance Matrix City of Huntington Beach Page 7 of 7 Printed on 11/12/2019 powere2&!�LegistarW 2/3/2020 CITY COUNCIL ZONING MAP AMENDMENT NO. 18-002 Utica Townhomes FEBRUARY 3, 2020 imm P ROJ ECT R EQU EST Zoning Map Amendment to -- --- - -- e o change zoning from CG to RM to construct three attached residential units. ' a s 0 M e o yy WON Date: - 3 - Agenda Item NO., 2/3/2020 SUBJECT SITE t Surrounding Uses: r ! rJ North: Multi- Family Residential and School j v .. ., South/East/West: Multi-Family lir Residential ZONING MAP AMENDMENT EXISTING GENERAL PLAN DESIGNATION: RM (Med. Density Residential) EXISTING ZONING:CG (Commercial General) - PROPOSED ZONING: RM (consistent with + General Plan and surrounding neighborhood) SURROUNDING ZONING: North/West/South—RM East—CG(single-family residence) and SP 14 (Beach and Edinger Corridors Specific Plan) EXISTING ZONING MAP x ..3` ,�,`* ' 0, 2 2/3/2020 PC MEETING - NOVEMBER 12, 2019 Planning Commission approved the development entitlements (Tentative Tract Map and Conditional Use Permit) The development entitlements are conditioned so they do not become effective until the Zoning Map Amendment is approved and in effect. Planning Commission recommended approval of the Zoning Map Amendment to the City Council. GENERAL PLAN & ZONING COMPLIANCE General Plan: consistent with existing RM General Plan land use designation and goals and policies of Land Use Element. Land Use Compatibility: consistent with the other multi-family residential uses in the surrounding area. Development Standards: complies with all development standards for proposed RM zoning designation. 3 2/3/2020 RECOMMENDATION Find project exempt from CEQA pursuant to Section 15183 and approve Zoning Map Amendment No. 18-002 with findings for approval and adopt Ordinance No. 4191. 4 Estanislau, Robin From: Cesar C <cesarc@kennedycommission.org> Sent: Friday, January 31, 2020 2:42 PM To: Estanislau, Robin;Villasenor,Jennifer; Coy, Melinda@HCD Subject: Huntington Beach Agenda Item 20-1357 Attachments: HB2.3.2000 .pdf Dear Huntington Beach City Council, Please see attached the Kennedy Commissions comments to the Agenda Item 20-1357 on February 3, 2020 City Council meeting. RE: AGENDA ITEM 20-1357—ADOPT RESOLUTION NOS. 2020-06 AND 2020-07 APPROVING GENERAL PLAN AMENDMENT (GPA) NO. 19-003 (HOUSING ELEMENT AMENDMENT) AND ZONING TEXT AMENDMENT (ZTA) NO. 19-006 (BEACH AND EDINGER CORRIDORS SPECIFIC PLAN AMENDMENT) AND APPROVE THE 2019 HOUSING ELEMENT PROGRESS REPORT Please let me know if you have any questions or comments. Cesar Covarrubias Executive Director SUPPLEMENTAL COMMUNICATION Date: 2s/3/2020 Agenda room No.:_cPO 420—135---;L) I gums Jc`inuary 31,2020 "+wNv.keiwedvcommission.org 17701 Cowan Ave.,Suite 200 SENT VIA EMAIL Irvine,CA 92614 (949)250-0909 Mayor Lyn Semeta and Councilmembers City of Huntington Beach 2000 Main Street Huntington.Beach, CA 92648 Robin.Estanislati(a'D city-hb.or RE: AGENDA ITEM 20-1357—ADOPT REESOLUTION NOS. 2020-06.AND 2020-07 APPROVING GENERAL PLAN AMENDMENT (GPA)'NO.19-003 (HOUSING' ELEMENT AMENDMENT)AND ZONING TEXT AMENDMENT(ZTA)NO. 19-006 (BEACH AND EDINGER CORRIDORS SPECIFIC PLAN AMENDMENT) AND APPROVE THE 2019 HOUSING ELEMENT PROGRESS REPORT Mayor Semeta and Councilmembers, The Kennedy Commission(the Commission) is a broad-based coalition of residents and community organizations that advocates far the production of homes affordable;to families earning less than$20,000 annually in Orange County. Formed in 2001,the Commission has been successful in partnering and working with Orange County jurisdictions to create effective housing policies that have led to the new construction of homes affordable to lower income working families. i The Commission has been engaged in discussions and has provided extensive recommendations. on the proposed General Plan Amendment for the Housing Element„including the City's revisions to the Beach and Edinger Corridors Specific Plan (BECSP). In response to the City's request for public comments,the Commission submitted a comment letter on December 5,2019, and supplemental comments on December 12,2019 and January 7, 2020. The Commission also submitted a comment letter on January 14,2020 for the Planning Commission's consideration. These letters are included as attachments to agenda item20-1357,which the City Council is set to hear on February 3, 2020.1 The Commission commends the City on its efforts to bring its Housing Element into compliance with state law—a result which the Kennedy Commission has been fighting for through its litigation against the City for over four years. We also acknowledge the revisions the City has made to the proposed Housing Element to address some of the concerns the Commission expressed in the above-referenced comment letters. However, we continue to ask for greater certainty around the sites available for affordable housing development,the related development standards, and the approval process in the proposed Affordable Housing Overlay.As expressed in our January 7 letter, the.proposed exemption from Maximum Amount of New Development (MAND)in,the BECSP does not explain how market rate units will count towards the limitation; the teat of the BECSP.amendments do not resolve this ambiguity and the issue should be i ' haps:l/huntingtonbeach leg istar corn/LegislationDetail aspx?ID=4319368&GUID-659113436 920C 4MC 84BB D-)0C13E7DQ0D4(Attachment No, 10). 1 E clarified to address this concern prior to City Council's,adoption of the revisions: Furthermore, the conditional approval by the California Department of Housing and Community Development, by letter of January 10, 2020, also requires that the City be clear on the mitigation of the MAND constraint. These pieces are crucial to the success of developing affordable. housing for low- and very low-income families in Huntington Beach. We look forward to continuing to work with the City to develop revisions to address these. issues, including those in our prior comment letters. If you have any questions or would like to discuss the issues raised here, please feel free to contact meat(949) 250-0909 or cesarc.,i`kennedycommission.org.. 4Sinerely, varrubias Executive Director t E cc: Ms. Jennifer Villasenor. Huntington Beach Community Development Department vls. 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U o O m C) a v� � -v — z Cid o N 0 c Z U O � o = N o 4-1 4'c v ll `� E E 'I w CD a)0 o w = tT C: o� O Q O z p O O U O � � _ LJJ L. a O .� c L � d cn _ CL O C: O E E o E � 4 o � aoo W o U o 2 O 1 - W D s Esparza, Patty From: Fikes;Cathy Sent: Monday, February 3, 2020 10:29 AM To: Agenda Alerts Subject: FW:Vote NO on item 20 From:Jerry Barry<jbatgma@gmail.com> Sent:Sunday, February 2, 2020 9:30 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject:Vote NO on item 20 1 also urge you to vote NO on ITEM 20 - and do not reopen the Beach Edinger Specific Plan. It's changing our city for the worst. -Jerry B. SUPPLEMENTAL COMMUNICATION Moo"Date: Agenda Kom No.; '` Q a Esparza, Patty From: Fikes, Cathy Sent: Monday, February 3, 2020 10:28 AM To: Agenda Alerts Subject: FW: Note on Item 20 From: Rita Barry<rrbarryl5@gmail.com> Sent: Sunday, February 2, 2020 9:36 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Note on Item 20 I urge you to vote NO on ITEM 20 - and do not reopen the Beach Edinger Specific Plan with Amendments to the Specific Plan. This action will undo all the protection to our community that we fought for in 2013. It will open the door to "By Right" development that will take away ALL LOCAL ZONING CONTROL. Please vote NO! RITA BARRY 55 year resident Sent from my Whone SUPPLEMENTAL COMMUNICATION i3�Z Agenda Item No.• � L 1 Esparza, Patty From: Fikes, Cathy Sent: Monday, February 3, 2020 10:31 AM To: Agenda Alerts Subject: FW: NO CCE! Vote in Favor of Item 21 B - Vote NO on 20 From: csmk4ucla <csmk4ucla@verizon.net> Sent: Sunday, February 2, 2020 3:31 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: NO CCE! Vote in Favor of Item 21 B-Vote NO on 20 Dear Mayor Semeta and Council, I urge you to reject ANY further discussion of CCE and vote in favor of Item 21-B. This is fundamentally a BAD idea for city for many reasons, not the least of which we should NOT be in the energy business! Also: - The City Council will set power rates and can be increased with no oversight and whenever the city wants more of your money. CCEs bypass statutory requirements for pricing approval. Renewable energy costs will rise when state and federal subsidies are taken away. - Despite claims to the contrary CCE customers cannot directly buy renewable power. - CCE will create an very expensive new bureaucracy with pensions for all employees. City of HB currently has over$1 billion in unfunded liabilities, CCE will make that crisis worse. - CCE creates conflicts of interest between politicians, city employees, consultants and energy retailers. -The State of California has mandated use of renewable energy. There is no need to take this risk locally. - If the City Council guesses poorly signing long-term energy contracts the CCE could bankrupt the city. - The customer has no choice with CCE. �I also urge you to vote NO on ITEM 20 - and do not reopen the Beach Edinger Specific Plan with Amendments to the Specific Plan. This action will undo all the protection to our community that we fought for in 2013. It will open the door to "By Right" development that will take away ALL LOCAL ZONING CONTROL. Please vote NO!! Sincerely, SUPPLEMENTAL Stephanie and Craig Billington COMMUNICATION 8322 Cade Circle Huntington Beach 92646 Agenda Item No.• �'w—M,7 Suit from Sacnsuuta tablet 1 Esparza, Patty From: Fikes, Cathy Sent: Monday, February 3, 2020 10:21 AM To: Agenda Alerts Subject: FW: NO CCE! Vote in Favor of Item 21 B -Vote NO on 20 From: Nancy Buchoz<nancybuchoz@yahoo.com> Sent: Monday, February 3, 202010:03 AM To: CITY COUNCIL<city.council@su.rfcity-hb.org> Subject: NO CCE! Vote in Favor of Item 21 B-Vote NO on 20 Dear Mayor Semeta and Council, I urge you to reject ANY further discussion of CCE and vote in favor of Item 21-B. This is fundamentally a BAD idea for city for many reasons, not the least of which we should NOT be in the energy business! Also: - The City Council will set power rates and can be increased with no oversight and whenever the city wants more of your money. CCEs bypass statutory requirements for pricing approval. Renewable energy costs will rise when state and federal subsidies are taken away. - Despite claims to the contrary CCE customers cannot directly buy renewable power. - CCE will create an very expensive new bureaucracy with pensions for all employees. City of HB currently has over$1 billion in unfunded liabilities, CCE will make that crisis worse. - CCE creates conflicts of interest between politicians, city employees, consultants and energy retailers. -The State of California has mandated use of renewable energy. There is no need to take this risk locally. - If the City Council guesses poorly signing long-term energy contracts the CCE could bankrupt the city. - The customer has no choice with CCE. also urge you to vote NO on ITEM 20 - and do not reopen the Beach Edinger Specific Plan with Amendments to the Specific Plan. This action will undo all the protection to our community that we fought for in 2013. It will open.the door to "By Right" development that will take away ALL LOCAL ZONING CONTROL. Please vote NO!! Sincerely, Nancy Buchoz SUPPLEMENTAL Tad Buchoz COMMUNICATION 9001 Rhodesia Dr S E H B 92646 Meoft Date: Agenda Item No.; r�T� � _13 s 7 i Esparza, Patty From: Fikes, Cathy Sent: Monday, February 3, 2020 10:37 AM To: Agenda Alerts Subject: FW: NO CCE PLEASE VOTE IN FAVOR OF ITEM 21 B-VOTE NO ON 20 From:SHARON OTT<ottcamp@verizon.net> Sent:Sunday, February 2, 2020 9:27 AM To:CITY COUNCIL<city.council@surfcity-hb.org> Subject: NO CCE PLEASE VOTE IN FAVOR OF ITEM 21 B-VOTE NO ON 20 Dear Mayor Semeta and Council, I urge you to reject ANY further discussion of CCE and vote in favor of Item 21-B. This is fundamentally a BAD idea for city for many reasons, not the least of which we should NOT be in the energy business! Also: - The City Council will set power rates and can be increased with no oversight and whenever the city wants more of your money. CCEs bypass statutory requirements for pricing approval. Renewable energy costs will rise when state and federal subsidies are taken away. - Despite claims to the contrary CCE customers cannot directly buy renewable power. - CCE will create an very expensive new bureaucracy with pensions for all employees. City of HB currently has over$1 billion in unfunded liabilities, CCE will make that crisis worse. - CCE creates conflicts of interest between politicians, city employees, consultants and energy retailers. -The State of California has mandated use of renewable energy. There is no need to take this risk locally. - If the City Council guesses poorly signing long-term energy contracts the CCE could bankrupt the city. - The customer has no choice with CCE. also urge you to vote NO on ITEM 20 - and do not reopen the Beach Edinger Specific Plan with Amendments to the Specific Plan. This action will undo all the protection to our community that we fought for in 2013. It will open the door to "By Right" development that will take away ALL LOCAL ZONING CONTROL. Please vote NO!! Thank you for your time. Sincerely, SUPPLEMENTAL Sharon Ott, 20371 Mansard Ln Huntington Beach COMMUNICATION Meeting Date: Agenda brn No... f 1 Esparza, Patty From: Fikes, Cathy Sent: Monday, February 3, 2020 10:36 AM To: Agenda Alerts Subject: FW: From: Ray Scrafield <octoolguy@gmail.com> Sent:Sunday, February 2, 2020 10:24 AM To:CITY COUNCIL<city.council@surfcity-hb.org> Subject: Please vote NO on agenda item 20. It's bad for our city. Ray& Barb Scrafield. SUPPLEMENTAL COMMUNICATION Meee#ng Dom: U Agenda Item No.° 2 0 �& I Esparza, Patty From: Fikes, Cathy Sent: Monday, February 3, 2020 10:36 AM To: Agenda Alerts Subject: FW: NO CCE! Vote in Favor of Item 21 B -Vote NO on 20 Importance: High From: Gary Tarkington<garytarkington@msn.com> Sent:Sunday, February 2, 2020 10:31 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: NO CCE! Vote in Favor of Item 21 B-Vote NO on 20 Importance: High Dear Mayor Semeta and Council, I urge you to reject ANY further discussion of CCE and vote in favor of Item 21-B. This is fundamentally a BAD idea for city for many reasons, not the least of which we should NOT be in the energy business! Also: - The City Council will set power rates and can be increased with no oversight and whenever the city wants more of your money. CCEs bypass statutory requirements for pricing approval. Renewable energy costs will rise when state and federal subsidies are taken away. - Despite claims to the contrary CCE customers cannot directly buy renewable power. - CCE will create a very expensive new bureaucracy with pensions for all employees. The City of HB currently has over$1 billion in unfunded liabilities, CCE will make that crisis worse. - CCE creates conflicts of interest between politicians, city employees, consultants and energy retailers. -The State of California has mandated the use of renewable energy. There is no need to take this risk locally. - If the City Council guesses poorly signing long-term energy contracts the CCE could bankrupt the city. - The customer has no choice with CCE. also urge you to vote NO on ITEM 20 - and do not reopen the Beach Edinger Specific Plan with Amendments to the Specific Plan. This action will undo all the protection to our community that we fought for in 2013. It will open the door to "By Right" development that will take away ALL LOCAL ZONING CONTROL. Please vote NO!! Sincerely, SUPPLEMENTAL Ann Tarkington COMMUNICATION 9032 Annik Drive Huntington Beach Meeting Dste: 92646 Agenda Item Flo.° (� 00 i Switzer, Donna From: Fikes, Cathy Sent: Monday, February 3, 2020 10:09 AM To: Agenda Alerts Subject: FW: NO on Item 20 ***YES on ITEM 21.6 'SUPPLEMENTAL From: Cari Swan<cswanie@aol.com> COMMUNICATION Sent: Monday, February 3, 2020 9:09 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Meeting C)atC: c1V,? � Cc: Chi, Oliver<oliver.chi@surfcity-hb.org> Subject: NO on Item 20 *** YES on ITEM 21.6 Agenda tam No.. P20 Dear Mayor Semeta and Council Members, I am writing on behalf of two items on tonight's meeting agenda: #20. Please vote NO on all aspects of this proposed General Plan Amendment (#19-003 Housing Element), and Zoning Text Amendment (#19-006 BECSP Amendment). Both of these are a complete and utter SELL-OUT to the citizens of this community who fought so hard to maintenance our Suburban Beach Community! As you know, these amendment will OPEN THE FLOOD GATE via By-Right Construction. And for what? Perhaps $500,000.00 per year?? Is that what our quality of life is worth to our leaders? Just a simple reminder, each of your Legacy's in this city will be tied to this vote tonight. I hope you chose to do what your constituents elected you to do! #21.13 Please vote in favor of "Directing Staff NOT TO MOVE FORWARD with the CCE Feasibility Study. You have heard from me in the past on this subject. You know that I do not support the city engaging or even studying adopting a CCE as it simply IS NOT THE ROLE of City Government to be in the utility business. But since this was first brought forward 3 years ago, much additional information has become available that only affirms what we know to be a VERY back idea. Some of my thoughts: 1. We know the RISKS are incredibly high and far out way any potential benefit. Now that we are a few years into studying some existing CCA/E's we know that proposed savings have gone from 5% to 3% to 2% and across the board are less that 1%. Look no further than the largest CCA/E that kicked off this entire mess, Marin: "Marin Clean Energy (MCE) has been operational since 2010. Initially, rates for MCE's cheapest electricity option were slightly less than PG&E. Today MCE offers three options, all of which cost more, on average, than PG&E. MCE estimates its customers pay a monthly average of $4 to $32 more than PG&E, with the "cleanest" energy options the most expensive." https://www.allianceofcontracostataxpayers.com/blog/2017/3/27/a-bad-idea-that-only-gets- worse-community-choice-electricity 2. We will NEVER reach economies of scale just based on simple economics and numbers....even if we were to partner with other cities. To compound this, the PICA has stepped in to protect 1 consumers of non-CCE cities and are imposing steeper and steeper penalties to CCE's....why on earth would we step into such a snake pit?? https://www.utilitVdive.com/news/california-decision-means-higher-costs-for-community-choice- programs/539552/ 3. The energy and renewable industry is EXTREMELY complicated and a never-ending revolving door. It relies on Federal subsidies and complex regulations. Cities are in NO WAY equipped to respond nor should we be!! From the article above: "Local government doesn't belong in the electricity business. It is reckless for government to gamble on risky ventures for which it is ill-prepared and unqualified. "Green" energy companies, consultants, activists and lobbyists all stand to gain politically and financially from the proliferation of CCAs. Public agencies, including Contra Costa County, rely on some of these same sources for advice on CCAs -- a clear conflict of interest. Today's cities and counties struggle to provide essential services, including basic public safety and human services. Throwing precious tax dollars into a CCA money pit won't help the environment, but will burden future generations with additional unwanted debt." 4. It would be a HUGE mistake and irresponsible to put utility rates in the hands of City Council or even a JPA. The current system of regulatory oversight by the PUC is the correct place for this to happen, and not opening the door to unlimited corruption with no oversight. 5. CCE will create an very expensive new bureaucracy complete with salaries and pension obligations, CCE will make our unfunded pension crisis worse. 6. CCE creates conflicts of interest between politicians, city employees, consultants and energy retailers. 7. The State of California has mandated use of renewable energy. There is no need to take this risk locally. 8 .If the City Council guesses poorly signing long-term energy contracts the CCE could bankrupt the city. Why on earth would the current city council want to encumber all future councils and staff with what could turn into a complete and total disaster?? What kind of Legacy would this represent? 9. The customer truly has no choice with CCE. 10. Wait to see if Irvine achieves the anticipated results. At this point, while I would like to add more, I need to work and this has already cost me a significant loss of work-time and personal-time which is a very sad situation when ordinary citizens must act as constant oversight to city council and city staff. I urge you to do the right thing. Sincerely, Cari Swan 20412 Mansard Ln 2 Additional resources: https://www.pe.com/2018/09/02/government-controlled-energy-programs-arent-working/ https://www.vox.com/2015/11/9/9696820/renewable-energy- certificates?fbclid=lwAR2FoOgooGTt6gtJvMk41 IKgDNxXfs5fB5aWoBe8bhnPtHUmcCtFZrG3C1 E 3 Switzer, Donna From: Fikes, Cathy Sent: Monday, February 3, 2020 8:57 AM To: Agenda Alerts Subject: FW: STOP CCE YES on #21 B, NO on #20-High Density From:Troxell USA- Ron Troxell <rt@troxellusa.com> Sent: Monday, February 3, 2020 8:19 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: STOP CCE YES on #216, NO on #20-High Density NO on CCE Dear Mayor Semeta and Council, Please reject CCE.This is just another layer of government.You have 1 billion in unfunded pension liability now and you want more government? On Agenda Item 21 vote B A. Hire Consultant for$66,000.00 to Study How to Start a CCE B. Do Not Move Forward with CCE Study C. Hire Consultant for$66,000.00 and Considering Partnering with Irvine I also urge you to vote NO on ITEM 20-and do not reopen the Beach Edinger Specific Plan with Amendments to the Specific Plan. This action will undo all the protection to our community that we fought for in 2013. It will open the door to"By Right' development that will take away ALL LOCAI,ZONING CONTROL. Please vote NO!! E � Ron Troxell 18392 Enterprise Lane Huntington Beach CA 92648 Te:714-847-0880 Fx:714-847-4242 Cell 714.733.3042 Connect or Share the new Twist Level System �..r. { - SUPPLEMENTAL Ld COMMUNICATION Date: a-L3 Lzo rcen,rdo. 02oL, 20- 135�� Switzer, Donna From: Fikes, Cathy Sent: Monday, February 3, 2020 8:56 AM To: Agenda Alerts Subject: FW: NO CCE! Vote in Favor of Item 21 B - Vote NO on 20 From: Lanee Junghans-Verdugo <laneejunghans@gmail.com> Sent: Monday, February 3, 2020 8:24 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: NO CCE! Vote in Favor of Item 21 B -Vote NO on 20 Dear Mayor Semeta and Council, I urge you to reject ANY further discussion of CCE and vote in favor of Item 21-B. This is fundamentally a BAD idea for city for many reasons, not the least of which we should NOT be in the energy business! Also- - The City Council will set power rates and can be increased with no oversight and whenever the city wants more of your money. CCEs bypass statutory requirements for pricing approval. Renewable energy costs will rise when state and federal subsidies are taken away. - Despite claims to the contrary CCE customers cannot directly buy renewable power. - CCE will create an very expensive new bureaucracy with pensions for all employees. City of HB currently has over$1 billion in unfunded liabilities, CCE will make that crisis worse. - CCE creates conflicts of interest between politicians, city employees, consultants and energy retailers. -The State of California has mandated use of renewable energy. There is no need to take this risk locally. - If the City Council guesses poorly signing long-term energy contracts the CCE could bankrupt the city. - The customer has no choice with CCE. I also urge you to vote NO on ITEM 20 - and do not reopen the Beach Edinger Specific Plan with Amendments to the Specific Plan. This action will undo all the protection to our community that we fought for in 2013. It will open the door to "By Right" development that will take away ALL LOCAL ZONING CONTROL. Please vote NO!! Sincerely, Lanee ]unghans-Verdugo (714) 800-0544 SUPPLEMENTAL COMMUNICATION ice, paten: Agenda 4wm No.: