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HomeMy WebLinkAboutAdopt Resolution No. 2023-02 to Approve Zoning Text Amendmen (2) CITY OF HUNTINGTON BEACH _= DEPARTMENT OF COMMUNITY DEVELOPMENT 2 :rs o �.C�UNTY o t„, PLANNING • BUILDING • PERMIT CENTER • ECONOMIC DEVELOPMENT • HOUSING • CODE ENFORCEMENT NOTICE OF CITY COUNCIL ACTION February 8, 2023 Brian Mills ROAM Commercial Realty 30941 Augusta Drive Laguna Nigel, CA 92677 SUBJECT: ZONING TEXT AMENDMENT NO. 22-004 (BECSP MEDICAL SERVICES USE RESTRICTION) APPLICANT: Brian Mills, ROAM Commercial Realty, 30941 Augusta Drive, Laguna Nigel, CA 92677 PROPERTY OWNER: Various BUSINESS OWNER: Drs. Melissa Ven Dange and Jeremy Chau REQUEST: To amend the Beach and Edinger Corridors Specific Plan to allow Medical Services on the ground floor within the Neighborhood Center Segment. On January 10, 2023, the Planning Commission held a public hearing on ZTA No. 22-002 and recommended approval to the City Council. LOCATION: Beach and Edinger Corridors Specific Plan Planning Area DATE OF ACTION: February 7, 2023 On Tuesday, February 7, 2023, the Huntington Beach City Council took action on your application and approved Zoning Text Amendment No. 22-004 with findings for approval by 2000 Main Street • Huntington Beach CA 92648-2702 • www.huntingtonbeachca.gov Notice of Action:ZTA 16-002 March 20,2018 Page 2 adopting Resolution No. 2023-02. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the City Council is final. 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, please contact Hayden Beckman, the project planner, at hayden.beckman@surfcity-hb.org or (714) 536-5561 or the Community Development Department Zoning Counter at (714) 536-5271. Sincerely, Ursula Luna-Reynosa Director of Community Development ULR:HB:kdc Attachments: 1. ZTA No. 22-004 Findings for Approval 2. ZTA No. 22-004 Resolution No. 2023-02 c: Ursula Luna-Reynosa, Director of Community Development Robin Estanislau, City Clerk Hayden Beckman, Senior Planner Property Owner Project File ATTACHMENT NO. 1 ZONING TEXT AMENDMENT NO. 22-004 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: Zoning Text Amendment (ZTA) No. 22-004 is within the scope of the BECSP Program Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Section 15162 and 15163, no subsequent EIR or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required. FINDINGS FOR APPROVAL-ZONING TEXT AMENDMENT NO. 22-004: 1. Zoning Text Amendment No. 22-004 to amend the Beach and Edinger Corridors Specific Plan to allow Medical Services on the ground floor as an allowable use within the Neighborhood Center Segment is consistent with general land uses, programs, goals, and policies of the General Plan as follows: Land Use Element: Goal LU-11 —Commercial land uses provide goods and services to meet regional and local needs. Policy LU-11(A)—Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. Policy LU-11(B) — Encourage new businesses to locate on existing vacant or underutilized commercial properties where these properties have good locations and accessibility. Goal LU-13 — The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13(A) - Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. The ZTA will allow essential medical services to be accessible for residents in the core areas of the BECSP planning area which could encourage the establishment of new businesses and job creation within existing vacant or underutilized commercial properties with good locations and accessibility. The expansion of services could also increase sales tax revenues while meeting local and market area needs. Its scope will not affect General Plan land uses or programs. 2. Zoning Text Amendment No. 22-004 is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed because it does not propose any new land uses or revise development standards. The proposed ZTA will allow medical uses on the ground floor in an area of the specific plan currently developed with other commercial uses. Medical uses operate similarly to retail uses in that they serve the same customers and operate within similar hours as most retail uses. These uses are commonly found on the ground floor of most commercial properties and contribute to an active pedestrian experience. 3. A community need is demonstrated for the change proposed because the ZTA allows imperative medical services to be accessible for residents in the "core" areas of the specific plan and will reduce G:RCA\NOA\23\020723 ZTA 22-004 Attachment 1.1 the processing time for indoor veterinary clinics, which could encourage the establishment of new businesses,job creation, and increase sales tax revenues. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because the ZTA will allow medical services on the ground floor within a core area of the City in a manner that is consistent with the zoning code in commercial areas outside of the specific plan planning area. Expanding medical services to the ground floor will provide a public convenience by meeting local market needs while increasing job opportunities and sales tax revenues. The proposed ZTA is good zoning practice because it will provide consistency in the allowable uses between the BECSP and HBZSO, which is applicable in the majority of commercial areas of the City. G:RCAINOA1231020723 ZTA 22-004 Attachment 1.2 RESOLUTION NO.2023-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AN AMENDMENT TO THE BEACH AND EDINGER CORRIDORS SPECIFIC PLAN(SP 14) (ZONING TEXT AMENDMENT NO.22-004) WHEREAS, Zoning Text Amendment No. 22-004 is a request to amend Specific Plan No. 14 —Beach and Edinger Corridors Specific Plan (BECSP)to allow medical services on the ground floor within the Neighborhood Core Segment within the BECSP;and The proposed amendment to the BECSP is consistent with the adopted Land Use Element • of the General Plan, and other applicable policies, and is compatible with surrounding development;and The amended BECSP will continue to enhance the potential for superior urban design in comparison with the development standards under the base district provisions that would apply if the Plan had not been adopted and amended;and The proposed amendments to the BECSP are justified by the compensating benefits of improved urban design;and Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No.22-004;and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented,the City Council has determined that the aforesaid amendment is proper and consistent with the General Plan. NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby find, determine and resolve as follows: SECTION 1: The foregoing recitals are all true and correct,and incorporated herein. SECTION 2: Zoning Text Amendment No. 22-004, amending the BECSP as set forth in and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein,is hereby adopted and approved. SECTION 3: This resolution shall become effective immediately after its adoption. 22-12177/299870 RESOLUTION NO.2023-02 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of ,2023. Mayor APPROVED AS TO FORM: REVIEWED AND APPROVED: City Manager City Attorney to INITIATED AND APPROVED: likma ' Director of Community Development ATTACHMENTS Exhibit A: ZTA No.22-004 Specific Plan No. 14-Beach and Edinger Corridors Specific Plan 2 �NTINGTp� 2000 Main Street, Ok N�,9APHppxE �,7, Huntington Beach, CA A 92648 City of Huntington Beach J �pNNTV CAS File #: 23-027 MEETING DATE: 2/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Ursula Luna-Reynosa, Director of Community Development PREPARED BY: Hayden Beckman, Senior Planner Subject: Adopt Resolution No. 2023-02 to approve Zoning Text Amendment (ZTA) No. 22-004 regarding Medical Services in the Beach and Edinger Corridors Specific Plan (BECSP) Statement of Issue: The proposed Zoning Text Amendment (ZTA) would amend the Beach and Edinger Corridors Specific Plan (BECSP) to allow Medical Services on the ground floor within the Neighborhood Center Segment. The Planning Commission and staff recommend approval. Financial Impact: Not Applicable. Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: A) Find that Zoning Text Amendment No. 22-004 is within the scope of the BECSP Program Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Sections 15162 and 15163, no subsequent or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required (Attachment No. 1); and, B) Approve Zoning Text Amendment No. 22-004 with findings (Attachment No. 1) and adopt Resolution No. 2023-02, "A Resolution of the City Council of the City of Huntington Beach Approving an Amendment to the Beach and Edinger Corridors Specific Plan (SP14) (Zoning Text Amendment No. 22-004)" (Attachment No. 2). Alternative Action(s): The City Council may make the following alternative motions: 1. Do not approve Zoning Text Amendment No. 22-004. City of Huntington Beach Page 1 of 3 Printed on 2/1/2023 754 LegistarTM File #: 23-027 MEETING DATE: 2/7/2023 2. Continue Zoning Text Amendment No. 22-004 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant: Brian Mills, ROAM Commercial Realty, 30941 Augusta Drive, Laguna Nigel CA 92677 Zoning Text Amendment No. 22-004 is a request to amend the Beach Edinger Corridors Specific Plan (BECSP) to allow Medical Services on the ground floor within the Neighborhood Center Segment. B. BACKGROUND Currently, all Medical Services that are proposed within the Neighborhood Center Segment of the BECSP must be located above the ground floor. In other commercial zoning districts throughout the City, the same uses are permitted on the ground floor. This proposed amendment would allow Medical Services as an allowed use on the ground floor of properties located within the Neighborhood Center Segment of the BECSP. In June 2022, the applicant applied for a ZTA to draft the necessary amendment to the BECSP to allow Medical Services on the ground floor within the Neighborhood Center Segment (Attachment No. 5). C. PLANNING COMMISSION MEETING AND RECOMMENDATION: On January 10, the Planning Commission held a public hearing on the ZTA. The applicant was the only public speaker on the item. No written comments were received prior to the public hearing. The Planning Commission recommended approval of the request to the City Council. Planning Commission Action on January 10, 2023: A motion was made by Twining, seconded by Wood, to recommend to the City Council: 1. Approval of ZTA No. 22-004; and 2. Council consideration for reimbursing the applicant an amount from the application fees collected by the City to initiate the request, carried by the following vote: AYES: Acosta-Galvan, Twining, Pullman, Strook, Rodriguez, Wood NOES: None ABSTAIN: None ABSENT: Adam MOTION PASSED The Planning Commission's recommendation to City Council also included a request to consider reimbursing the applicant's fee for a Minor Zoning Text Amendment, in the amount of $20,127. Commissioners expressed an interest in reimbursement given that the applicant's effort will City of Huntington Beach Page 2 of 3 Printed on 2/1/2023 powere5 LegistarTv File #: 23-027 MEETING DATE: 2/7/2023 benefit multiple other property owners within the Neighborhood Center Segment, and the fact that any sitting Councilmember could have initiated the ZTA request without incurring a fee. Although staff and the Planning Commission do not have the authority to waive fees, staff researched applicable codes and policies regarding reimbursement procedures, which are established only for applicant-initiated reimbursement requests. Current policy allows for full or partial refunds when an applicant withdraws an application based on where the application is at in the process and how much work has been completed. In this case, staff does not have the mechanism based in current code to enable a full or partial refund of the aforementioned application fee. The decision to reimburse the applicant an amount of the application fee is at the sole discretion of the City Council. D. STAFF ANALYSIS: The January 10, 2023, Planning Commission staff report provides a more detailed description and analysis of the proposed ZTA (Attachment No. 4). In summary, staff and the Planning Commission recommend approval of ZTA No. 22-004 based on the following reasons: 1. It is consistent with general land uses, programs, goals and policies of the General Plan. 2. It addresses a community need for health and wellness by expanding accessibility to Medical Services to a core area of the City, and could facilitate the establishment of new businesses and job creation in the City. 3. It enables property owners more options to lease vacant tenant spaces in existing commercial centers. Environmental Status: ZTA No. 22-004 is within the scope of the BECSP Program Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Sections 15162 and 15163, no subsequent or supplement to the EIR need be prepared for this ZTA, and no further environmental review or documentation is required. Strategic Plan Goal: Economic Development & Housing Attachment(s): 1. Suggested Findings of Approval of ZTA No. 22-004 2. Resolution No. 2023-02 for ZTA No. 22-004 3. ZTA No. 22-004 Legislative Draft and Revised BECSP Sections 2.1.5 4. January 10, 2023 Planning Commission Staff Report 5. Narrative received and dated August 22, 2022 6. PowerPoint Presentation City of Huntington Beach Page 3 of 3 Printed on 2/1/2023 powere7 LegrstarT"^ ATTACHMENT NO. 1 SUGGESTED FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 22-004 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: Zoning Text Amendment (ZTA) No. 22-004 is within the scope of the BECSP Program Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Section 15162 and 15163, no subsequent EIR or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required. SUGGESTED FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 22-004: 1. Zoning Text Amendment No. 22-004 to amend the Beach and Edinger Corridors Specific Plan to allow Medical Services on the ground floor as an allowable use within the Neighborhood Center Segment is consistent with general land uses, programs, goals, and policies of the General Plan as follows: Land Use Element: Goal LU-11 — Commercial land uses provide goods and services to meet regional and local needs. Policy LU-11(A) — Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. Policy LU-11(B)— Encourage new businesses to locate on existing vacant or underutilized commercial properties where these properties have good locations and accessibility. Goal LU-13 — The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13(A) - Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. The ZTA will allow essential medical services to be accessible for residents in the core areas of the BECSP planning area which could encourage the establishment of new businesses and job creation within existing vacant or underutilized commercial properties with good locations and accessibility. The expansion of services could also increase sales tax revenues while meeting local and market area needs. Its scope will not affect General Plan land uses or programs. 2. Zoning Text Amendment No. 22-004 is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed because it does not propose any new land uses or revise development standards. The proposed ZTA will allow medical uses on the ground floor in an area of the specific plan currently developed with other commercial uses. Medical uses operate similarly to retail uses in that they serve the same customers and operate within similar hours as most retail uses. These uses are commonly found on the ground floor of most commercial properties and contribute to an active pedestrian experience. Attachment%. 1.1 3. A community need is demonstrated for the change proposed because the ZTA allows imperative medical services to be accessible for residents in the "core" areas of the specific plan and will reduce the processing time for indoor veterinary clinics, which could encourage the establishment of new businesses,job creation, and increase sales tax revenues. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because the ZTA will allow medical services on the ground floor within a core area of the City in a manner that is consistent with the zoning code in commercial areas outside of the specific plan planning area. Expanding medical services to the ground floor will provide a public convenience by meeting local market needs while increasing job opportunities and sales tax revenues. The proposed ZTA is good zoning practice because it will provide consistency in the allowable uses between the BECSP and HBZSO, which is applicable in the majority of commercial areas of the City. Attachment7%. 1.2 RESOLUTION NO. 2023-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AN AMENDMENT TO THE BEACH AND EDINGER CORRIDORS SPECIFIC PLAN (SP 14) (ZONING TEXT AMENDMENT NO. 22-004) WHEREAS, Zoning Text Amendment No. 22-004 is a request to amend Specific Plan No. 14 — Beach and Edinger Corridors Specific Plan (BECSP) to allow medical services on the ground floor within the Neighborhood Core Segment within the BECSP; and The proposed amendment to the BECSP is consistent with the adopted Land Use Element of the General Plan, and other applicable policies, and is compatible with surrounding development; and The amended BECSP will continue to enhance the potential for superior urban design in comparison with the development standards under the base district provisions that would apply if the Plan had not been adopted and amended; and The proposed amendments to the BECSP are justified by the compensating benefits of improved urban design; and Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 22-004; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council has determined that the aforesaid amendment is proper and consistent with the General Plan. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby find, determine and resolve as follows: SECTION 1: The foregoing recitals are all true and correct, and incorporated herein. SECTION 2: Zoning Text Amendment No. 22-004, amending the BECSP as set forth in and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein, is hereby adopted and approved. SECTION 3: This resolution shall become effective immediately after its adoption. 22-12177/299870 RESOLUTION NO. 2023-02 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of February , 2023. 4.7 Mayor APPROVED AS TO FORM: REVIEWE'i A • I PPRO ED: 11 City Manag• V rty Attorney qv INITIATED AND APPROVED: Ati,L. Q 1-1---- Director of Community Development ATTACHMENTS Exhibit A: ZTA No. 22-004 Specific Plan No. 14 -Beach and Edinger Corridors Specific Plan 2 Resolution No. 2023-02 Exhibit"A" ZONING TEXT AMENDMENT NO. 22-004 LEGISLATIVE DRAFT (November 23, 2022) Deleted text shown as strikeout 2.1.5 Neighborhood Center (Page 16) Section 2.1.5, Table 2.2 2.2 Building Use Regulations Standards � n ,. i + 1 -: ! 14 C�" . 3, t. t a . . a 1 #rir2 Z "use i •es' - , . - , 3 Office a Professional Services sermitted C2 b Medical Services •ermitted trda itn itU■ttn■ ii "'JItJ1nem -13i' t'•—, 1 !' {—"J I _ S R i 1 `�.tl�:&^{ I rr I ., _ �r Air 1 l I lllt_` n1� e,,z nia74.— i, a F-1. zim_- L• , L , ,I,..tii , I"( , ,.._ 1 7 ' 1.-1;ji --intuit ; --U, iii , Prr-r tr—i i ; . - - ,,,t_.-. Li---EF I iiiinmilaa-,-1 I, 1 Ilklli U '''''''' ,. .....„ , . r ,,_____, •..,,t.. . ..m. ... ...:, .., 4UM :'I tI WI 4 Ili , ...1 14 , jr � t 144 o r sew., E I• =F �- �.tu , rnttlt i.a Moo.z •••• `� iJWJ. ,.-__a__a. 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N1,000 500 0 1,000 2,000 , — Feet Source: Page 16, Beach and Edinger Corridors Specific Plan 1 2.2 Building Standards Use Regulations 221 Use Types I)Retail a)Specialty Goods Anchor —. b)Community Oriented Anchors NC c) Entertainment Anchor — d)Eating&Drinking Establishments NC e)Specialty Goods&Foods NC Il'31 1)Entertainment& Recreation conditional(C19) g)Consenience Uses NC h)Business Sers ices NC i)Personal Senior NC j)Personal Enrichment Services NC k)Senior Commercial&Repair rx-rmtttcd ICHI I)Large Scale Commercial Goods -- in)Vehicle Saks — 2)Chic&Cultural conditional IC19) 3)Office ■1 Prnfwainnnl Ora ir.a nrnnrtr•d it-'t �b)Medical Services permtncd -'l- C .� Lodging permitted(C'I 5)Inc Work permitted tC_or CI hot 6)Residential I a)Multi-Family ts/Common Entry a,h l9CI 9(.1 It,JUSI cw t b)Multi Family w/Indisidual Entries ` Ii Ct tC_urn 1 ' L4("IJCI51 c)Attached Single Family - d)Detached Single Frmils — 22.2 Special Retail Configurations a)Neighborhood Center regwred U.l&LI01 b)Corner Store nit c)Drise-through p;rm ncd 223 Affordable Housing Requirement required or not required I required Ill) 2 Res. No. 2023-02 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 resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on February 7, 2023 by the following vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns NOES: None ABSENT: None RECUSE: None 9,61614)414`) City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ZONING TEXT AMENDMENT NO. 22-004 LEGISLATIVE DRAFT (November 23, 2022) Deleted text shown as strikeout 2.1.5 Neighborhood Center (Page 16) Section 2.1.5, Table 2.2 2.2 Building Use Regulations Standards 2.2,i'Use T •es 3 Office a Professional Services •ermitted C2 b Medical Services •ermitted - ' '� . ^L�I_! ; E B t1` is i ''''7 '-"1.',Wi f21:71 ' ' 114MNri ...i.i 1 Till '(_- 7— } T E F s7LT 1 .-— Ei371 1 `i' �': 1 f 9� ..1 -,._ 1__-1 _ -au.---1 :":--)-'24 '-''1,'T'—o'-'J1;I 44i:‘ii11:r-1aLni 7Y '` :E T�j � 41 0 "I { PRY! �-a Ill - gyp, ' t A ' 1 F 2 �-,4a � 6Y 1 f{b 1 1 f 5- s 2'"1 .9,. h. --_F 1x...=,,,,,l 7,' `,� __� 1 i is uV , I LV . 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' ��� N 111 1,000 500 0 1,000 2,000 iiiii Feet Source: Page 16, Beach and Edinger Corridors Specific Plan 1 761 2.2 f3utIdjng Standards Use Requiatieasts 2,21 the' I)Retail a)Specialty Goods Anchors __ b)Community Oriented Anchors Nt e) Entertainment Anchors --- d)Eating&Drinking Establishments tit NC e)Specialty Goads&Foods it 1) 1)Entertainment&Recreation condutianal tt1sj g)Com eaieace Uses 41 h)Rosiness Services NC it Personal Services NC j)Personal Enrichment Services NC perm k)Service Commercial&Repair iUni I)Large Scale Commercial Goods --- at)%ehkle Saks --- 2)(`ivic&Cultural rot dsbonal K. 3)Office t Prnt�tinnel%rr�tirrc It' rirrn ti d E(')Medical Services per ntitcti4*-?t C .oOging permfrtcd U 2) S)live Work pernuttrd(C2 of C t 1 ju) 6)Residential a)Multi-Famih vvt Common Entry "°"�c�,°r t t L9-114 C34k b)Multi Family aP ladividnal Entries « t a Ey(I#C s 2t c a 631 c)Attached Single Family -- d)Detached Single Family° --- 2 r a)Neighborhood Center rrtiuurd it t tit gift) b)Corner Store n a c)Drive-through pcmvurd required or not required l ►u tt I) 2 762 PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Ursula Luna Reynosa, Director of Community Development BY: Hayden Beckman, Senior Planner SUBJECT: ZONING TEXT AMENDMENT NO. 22-004 (BECSP MEDICAL SERVICES USE RESTRICTION) REQUEST: To amend the Beach and Edinger Corridors Specific Plan to allow Medical Services on the ground floor as an allowed use within the Neighborhood Center Segment. LOCATION: Beach and Edinger Corridors Specific Plan (BECSP) Planning Area APPLICANT: Brian Mills, ROAM Commercial Realty, 30941 Augusta Drive, Laguna Nigel, CA 92677 PROPERTY OWNER: Various BUSINESS OWNER: Drs. Melissa Ven Dange and Jeremy Chau, STATEMENT OF ISSUE: 1. Are the proposed amendments consistent with the General Plan? 2. Does the project satisfy all the findings required for approval of a Zoning Text Amendment? 3. Has the appropriate level of environmental analysis been determined? RECOMMENDATION: That the Planning Commission take the following actions: 763 A) Find that Zoning Text Amendment (ZTA) No. 22-004 is within the scope of the BECSP Program Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Sections 15162 and 15163, no subsequent EIR or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required (Attachment No. 1). B) Recommend approval of Zoning Text Amendment No. 22-004 with findings (Attachment No. 1) by approving draft City Council Resolution No. 2022- ---- and forward to the City Council for consideration. ALTERNATIVE ACTION(S): A) Do not recommend approval of Zoning Text Amendment No. 22-004 to the City Council; or B) Continue Zoning Text Amendment No. 22-004 and direct staff accordingly. PROJECT PROPOSAL: Currently, all Medical Services, including medical and dental offices, which are proposed within the Neighborhood Center segment of the BECSP must be located above the ground floor. In most other commercial districts within the city, the same uses are permitted on the ground floor. This proposed amendment would allow Medical Services as an allowed use on the ground floor of properties located within the Neighborhood Center segment of the BECSP ISSUES AND ANALYSIS: General Plan Conformance: The proposed ZTA is consistent with general land uses, programs, goals, and policies of the General Plan as follows: Land Use Element: Goal LU-11 — Commercial land uses provide goods and services to meet regional and local needs. Policy LU-11(A)— Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. Policy LU-11(B)—Encourage new businesses to locate on existing vacant or underutilized commercial properties where these properties have good locations and accessibility. Goal LU-13 — The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. 764 Policy LU-13(A) - Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. The ZTA will allow essential medical services to be accessible for residents in the core areas of the BECSP planning area which could encourage the establishment of new businesses and job creation within existing vacant or underutilized commercial properties with good locations and accessibility. The expansion of services could also increase sales tax revenues while meeting local and market area needs. Its scope will not affect General Plan land uses or programs. Zoning Compliance: Zoning Text Amendment ZTA No. 22-004 includes the following amendments to Book II — Development Code, Sections 2.1.5 (Neighborhood Center, Building Use Regulations) to implement the applicant's request (Attachment No. 3): 1. Section 2.1.5 (Neighborhood Center), Section 2.2.1 (Use Types), Subsection 3)(b) (Medical Services) — Eliminate Special Conditions "C2" from Medical Services to allow Medical Services on the ground floor of all streets of the Neighborhood Center segment of the BECSP. The BECSP currently permits Medical Services within the Neighborhood Center Segment with special condition "C2" (upper floor only). Special Condition "C2" limits Medical Service to above the ground floor. Although there exist multiple commercial centers within this segment that offer upper-level commercial spaces, this requirement creates a constraint to otherwise accessible and available ground floor commercial space. Specifically, the applicant desires to establish a dental office located within Ocean Plaza, located at the southwest corner of Beach Boulevard at Warner Avenue, which is one of the highest travelled and visible intersections of the City. Medical and dental offices are desirable uses, serving a wide variety of community members, including the elderly, and young children, and those with special needs. Thus, Special Condition C2 unnecessarily limits Medical Services uses from Neighborhood Center tenancies. The request would provide commercial property owners within the Neighborhood Center Segment more flexibility and options in finding businesses to occupy ground floor commercial spaces. While the original intent of this segment of the specific plan was to feature ground-level retail, restaurant, and entertainment uses in order to create a more active pedestrian experience, traditional retail and services have diminished over the years due to the rise of e-commerce. Demand for traditional medical services, however, remains the same and is vital for a diverse and aging community. These uses are commonly found on the ground floor of most commercial properties and contribute to an active pedestrian experience. Medical offices operate similarly to retail uses in that they serve the same customers and operate within similar hours as most retail uses. 765 The proposed ZTA will expand allowable uses within the BECSP that have been excluded since the specific plan was adopted. Over the years, the City has received many inquiries and requests for medical uses in the Neighborhood Center segment. The proposed ZTA will enable property owners to fill vacant tenant spaces with an appropriate use for this segment. Lastly, the ZTA does not propose any new land uses or revise development standards. It addresses a community need for health and wellness by expanding accessibility to Medical Services to a core area of the city and these changes could facilitate the establishment of new businesses, result in new job creation, and increase sales tax revenue. Further, medical services uses, including medical and dental offices, operate in a similar manner as retail and other commercial uses, utilizing similar hours of operation. The request would impact a small number of existing properties within the Beach Edinger Corridor Specific Plan (Exhibit 1), and would result in the activation of street level commercial spaces, furthering the goals of the Specific Plan. No significant impacts to retail tenant space availability are anticipated. Exhibit 1 — Properties within Neighborhood Center Segment 1 a i Ecly- i .y .... .., H it,- �. .;9k-�2."'}'T ,4t« ",.' —t Lt t 1 f €i E! :..� �1 I it L R �s6�I� t.. i ;:; T' ." `-'7¢^9 F . t i ] IIII ITT tom' s a : a -- `—t 4-^ . �d ep3 ,-,TrTri t 7 z.'r t ; - T' l --m ':'t "%'.Y? ,C 1 f -29-«-, , u 12 4� 1 SST t r as iu I. tie $ly . ... T. - J ._ Seactl Blti,d N' 1,000 500 0 1,000 2,000 - Feet 766 In March 2022, the Planning Commission reviewed and recommended a similar request to allow Medical Service uses on the ground floor as an allowed use in the Town-Center — Core Segment of the BECSP. The Commission recommended approval to the City Council, who subsequently adopted the amendment in May 2022. Urban Design Guidelines Conformance: Not applicable. Environmental Status: ZTA No. 21-007 is within the scope of the BECSP Program Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Sections 15162 and 15163, no subsequent EIR or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required. Coastal Status: Not applicable. Design Review Board: Not applicable. Other Departments Concerns and Requirements: Not applicable. Public Notification: Legal notice was published in the Huntington Beach Wave on December 1, 2022 and notices were sent to individuals and organizations requesting notification (Planning Division's Notification Matrix). In lieu of sending notices to all property owners for all properties within the BECSP and within a 500 foot radius, a minimum 1/8 page advertisement was published instead. As of December 5, 2022 no communications regarding the request have been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Not applicable Legislative Action — Not applicable SUMMARY: Staff is recommending approval of ZTA No. 22-004 based on the following reasons: 1. It is consistent with general land uses, programs, goals, and policies of the General Plan. 2. It addresses a community need for health and wellness by expanding accessibility to Medical Services to a core area of the city. These changes could facilitate the establishment of new businesses, result in new job creation, and increase sales tax revenue. 767 ATTACHMENTS: 1. Suggested Findings of Approval —ZTA No. 22-004 2. Draft City Council Resolution 3. ZTA No. 22-004 Legislative Draft and Revised BECSP Sections 2.1.5 4. Narrative received and dated August 22, 2022 768 Zone Text Amendment Narrative Project Background: Dr.Jeremy Chau and Dr. Melissa Ven Dange are both newly graduated orthodontists who have leased a commercial suite at 17041 Beach Blvd in Huntington Beach. 17041 Beach Blvd is subject to zoning regulations of the BECSP. In its current form,the BECSP prohibits dental spaces on the ground floor. In response, Dr. Chau and Ven Dange are requesting to amend the BECSP to allow their orthodontic practice on the ground floor. Beach and Edinger Corridor Specific Plan: A Specific Plan is a tool for the systematic implementation of the General Plan but is not a component of a General Plan. It provides specific land use direction and development regulations for an area within the City, consistent with the General Plan and other City regulations. Often, Specific Plans are used to establish a link between implementing policies of the General Plan and individual development proposals in a defined area. Specific Plans are adopted and amended in the same manner as a General Plan, except that a Specific Plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the City Council. In 2010,the City of Huntington Beach approved the BECSP in efforts to enhance overall economic development, physical beauty and functionality of the Beach Boulevard and Edinger Avenue corridors. The BECSP was created with the following objectives in mind: 1. Position the city such that it would remain competitive and attractive to businesses; 2. Re-position disinvested corridor properties to capture value in the contemporary marketplace; 3. Realign development policies and planned public investments to capitalize on the current primary market trends; 4. Provide a reliable environment for investors that spell out municipal requirements in sufficient detail and that provides enhanced reliability and clarity as to character of future development; and 5. Capitalize on residents with discretionary spending potential to support restaurants, quick foods, electronics,fashion and accessories and services,thereby spinning off additional retail spending. The BECSP designates eight Corridor Centers and Segments. Land uses and development standards specific to the Town Center—Core segment are listed in Section 2.1.3 of BECSP. Ocean Plaza is a lifestyle center that offers a great variety of restaurants,goods and services.The center is conveniently located at the intersection of Beach Boulevard and Warner.A copy of the property site plan is provided as Exhibit A. 769 Amendment Requests: The BECSP currently permits Medical Services within the Town Center—Core with Special Conditions C2 (upper floor only). Special Conditions C2 limit Medical Service to the second floor. Ocean Plaza contains one general office building constructed for general office use without the proper infrastructure or parking to support a dental use. The parking and accessibility is also difficult for parents with young and special needs children. The remainder of Ocean Plaza is comprised of single-story commercial retail buildings.Thus, Special Conditions C2 have precluded Medical Services within the Town Center—Core as a whole. Since its inception,the BECSP has led to numerous developments and improvements seen throughout the Beach Boulevard and Edinger Avenue corridors including the Luce Apartment Project, The Broadway by Windsor Mixed Use Project, and Beach Promenade Shopping Center to name a few. Despite the revitalization that the corridors have experienced since the enactment of the BECSP,the COVID-19 pandemic has shown adverse effects on local retail market trends. Demand for traditional retail uses such as gift and flower shops, designer merchandise sales,and dry-cleaning service, has declined given the shift to online purchases and the work from home trend,while with the aging population, demand for health and medical services continues to gain traction. The current space in questions has been vacant for several years and the large dry-cleaning space adjacent,Zips, is now vacant as well. These are two of the most prominent spaces in Huntington Beach, but due to changing market conditions and an overabundance of restaurant and retailers these spaces have been very difficult to fill. Two prominent spaces both empty along Beach Blvd is neither attractive or productive for the community. Medical services are crucial throughout the community and being able to provide them in the "core" of Huntington Beach is pivotal for the health and wellness of all citizens in the area.Amendment of the Specific Plan's development standards in Section 2.1.3 would remove the current requirement for medical service patrons to walk upstairs to access their services, eliminating what might be viewed as an obstacle for them. The Tenant is requesting to strike Special Conditions C2 from Medical Services as illustrated below.This change is needed to permit ground level Medical Services at Ocean Plaza.A full copy of the proposed change is provided as Exhibit B. Amendment to Section 2.2.1, 3) Office, b) Medical Services (page 29) Section 2.2.1 of BECSP defines Medical Services as "Medical workplace uses and establishments with employees with medical licenses such as those listed. Medical &dental Offices or facilities(permitted), Indoor veterinary clinics (conditionally permitted),Acupuncture, physical therapy, chiropractor (permitted), Psychiatric(permitted), Mortuary services (permitted). Per the definition stated above, all Medical Services are permitted by right. Dr. Chau and Ven Dange have completed extensive research showing this area of Huntington Beach as having a need for orthodontic and pediatric dental services. There unique vision will have a contemporary retail store front and will drive parents from around the 770 area who will stay, shop and eat while visiting their practice. The Tenant is requesting to strike the "upper floors"text from the Beach and Edinger Corridor Specific Plan. Suggested Finding for Approval: The proposed Specific Plan Amendment to amend the BECSP to permit medical services on the ground level within the Town Center—Core segment is consistent with general land uses, programs,goals and polices of the General Plan as follows: Goal LU-11. Commercial land uses provide goods and services to meet the regional and local needs. Policy LU-11(A). Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. Policy LU-11(B). Encourage new businesses to locate on existing vacant or underutilized commercial properties where these properties have good locations and accessibility Goal LU-13.The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13(A). Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. The proposed Specific Plan Amendment will allow much needed medical services within Ocean Plaza, one of the City's most conveniently located and easily accessible shopping center.This could encourage the establishment of new businesses,job creation, and increase sales tax revenues. Its scope will not affect General Plan land uses or programs.The proposed Specific Plan Amendment is compatible with the uses authorized in, and the standards prescribed for,the zoning district for which it is proposed because it does not propose any new land uses or revise development standards. 771 Cs O 1 N J N 0 < w z (-) Z .... scp CI n 0 E WCOF_ C CD WQ E O VQ W x co (0 > 1— oD (/) R U co WWW L CO (n W 0 N bu_ ilfA G /4H ti / 11111406. it IR)0° dO , , , ye.• 0 am �� �� • • © • • = il �► h "..,. • CN , --.7 . C, t -N4. 0 C.° 0 47. 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U) O U) a) M Fifl .i l: //l /23 P'b: /126/23 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, February 7, 2023, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following Planning and Zoning items: ZONING TEXT AMENDMENT NO. 22-004 (BECSP MEDICAL SERVICES USE RESTRICTION) Applicant: Brian Mills, ROAM Commercial Realty Request: To amend the Beach and Edinger Corridors Specific Plan to allow Medical Services on the ground floor within the Neighborhood Center Segment. On January 10, 2023, the Planning Commission held a public hearing on ZTA No. 22-002 and recommended approval to the City Council Location: Beach and Edinger Corridors Specific Plan Planning Area City Contact: Hayden Beckman NOTICE IS HEREBY GIVEN that this item is exempt from the provisions of the California Environmental Quality Act given that the request is covered by Final Environmental lmapct Report No. 08-008, certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Sections 15162 and 15163, no subsequent or supplement to the EIR need be prepared for this ZTA, and no further environmental review or documentation is required. ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office or online at http://www.huntingtonbeachca.gov on Thursday, February 2, 2022. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Community Development Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Robin Estanislau, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 714-536-5227 http://huntingtonbeachca.gov/HBPublicComments/ Switzer, Donna From: Christine Gonzalez <cgonzales@scng.com> Sent: Tuesday,January 17, 2023 10:30 AM To: Switzer, Donna Cc: De Coite, Kim; Estanislau, Robin; Esparza, Patty; Moore, Tania; Beckman, Hayden; Schneider, Matthew Subject: Re: Request for Publication - ZTA 22-004 (BECSP Medical Services Use Restriction - Group Account# 5190751 Attachments: 11581745.pdf Cost $508.40, pub HB Wave 1/26 OC Register Legal Advertising Sales Coordinator Chrissy Gonzalez 1920 Main St, Suite 225 Irvine, CA, 92614 714-796-6736 M-F 8:00 a.m. -4:30 p.m. Lunch 12 Noon to 1:00 p.m. Closed Sat. and Sun On Tue, Jan 17, 2023 at 9:38 AM Switzer, Donna<Donna.Switzer@surfcity-hb.org> wrote: Good morning, Chrissy: Please publish the attached Notice of Public Hearing on January 26, 2023, in The Wave, as an 1/8 page ad. Thank you. Sincerely, Davw1a.Swtt , CMC 1 Senior Deputy City Clerk-City of Huntington Beach 2000 Main Street-Huntington Beach,CA 92648 (714)374-1649 2 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, February 7, 2023, at 6:00 p.m. in the City Council Chambers,2000 Main Street, Huntington Beach,the City Council will hold a public hearing on the following Planning and Zoning items: ZONING TEXT AMENDMENT NO. 22-004 (BECSP MEDICAL SERVICES USE RESTRICTION) Applicant: Brian Mills, ROAM Commercial Realty Reauest: To amend the Beach and Edinger Corridors Specific Plan to allow Medical Services on the ground floor within the Neighborhood Center Segment. On January 10, 2023, the Planning Commission held a public hearing on ZTA No.22-002 and recommended approval to the City Council Location: Beach and Edinger Corridors Specific Plan Planning Area City Contact: Hayden Beckman NOTICE IS HEREBY GIVEN that this item is exempt from the provisions of the California Environmental Quality Act given that the request is covered by Final Environmental Imapct Report No. 08-008, certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Sections 15162 and 15163, no subsequent or supplement to the EIR need be prepared for this ZTA, and no further environmental review or documentation is required. ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office or online at http://www.huntingtonbeachca.gov on Thursday, February 2,2022. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to,the public hearing. If there are any further questions please call the Community Development Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Robin Estanislau,City Clerk City of Huntington Beach 2000 Main Street,2nd Floor Huntington Beach,California 92648 714-536-5227 http://huntinotonbeachca.clov/H B Publ icComments/ Huntington Beach Wave 1920 Main St., Suite 225 Irvine, Ca 92614 714-796-2209 5190751 HUNTINGTON BEACH, CITY OF PROOF OF PUBLICATION CITY CLERK DEPARTMENT 2000 MAIN ST Legal No. 0011581745 HUNTINGTON BEACH, CA 92648-2763 _E NO. BECSP MEDICAL SERVICES USE RE, AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 01/26/2023 I certify(or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: January 26, 2023. C)74-i Signature r.LP,-12i15116 1 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, February 7, 2023, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following Planning and Zoning items: ZONING TEXT AMENDMENT NO. 22-004 (BECSP MEDICAL SERVICES USE RESTRICTION) Applicant: Brian Mills, ROAM Commercial Realty Request: To amend the Beach and Edinger Corridors Specific Plan to allow Medical Services on the ground floor within the Neighborhood Center Segment. On January 10, 2023, the Planning Commission held a public hearing on ZTA No.22-002 and recommended approval to the City Council Location: Beach and Edinger Corridors Specific Plan Planning Area City Contact : Hayden Beckman NOTICE IS HEREBY GIVEN that this item is exempt from the provisions of the California Environmental Quality Act given that the request is covered by Final Environmental Imapct Report No. 08-008, certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Sections 15162 and 15163, no subsequent or supplement to the EIR need be prepared for this ZTA, and no further environmental review or documentation is required. ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office or online at http://www.huntingtonbeachca.gov on Thursday,February 2,2022. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Community Development Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Robin Estanislau,City Clerk City of Huntington Beach 2000 Main Street,2nd Floor Huntington Beach,California 92648 714-536-5227 http://huntingtonbeachca.gov/H B Publ icCom ments/ r.Li -12!15/16 2