HomeMy WebLinkAboutOrdinance #2632 ORDINANCE NO. 2632
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY ADDING SUBSECTION (j ) TO SECTION 9331 AND
BY ADDING PERTINENT DEFINITIONS TO ARTICLE 970
ALL RELATING TO WIND ENERGY
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1. The Huntington Beach Ordinance Code is amended by
adding subsection (j ) to section 9331 to read as follows :
9331. UNCLASSIFIED USES SUBJECT TO CONDITIONAL USE PERMIT.
A conditional use permit may be granted in all districts except in
Al, SP-1 and Sl for the following unclassified uses:
(a) Parking lots which conform to Article 979.
(b) Churches. Ten percent of the parking area shall be
landscaped and permanently maintained.
(c ) Colleges, universities, private schools, elementary and
secondary public schools. Ten ( 10 ) percent of the parking area
shall be landscaped and permanently maintained.
(d ) Day care centers and day nurseries subject to the
following:
(1 ) Seventy-five (75) square feet of outdoor play area
shall be required for each child; provided further that in no
circumstances shall the total outdoor play area be less than five
hundred ( 500 ) square feet. Such play area shall be planted with
grass and enclosed by a six (6 ) foot high fence. Any gate leading
to such play area shall be securely fastened, or such play area
shall be supervised at all times.
(2 ) Thirty-five (35 ) square feet of play area shall be
provided within the building for each child.
(3 ) Ten ( 10 ) percent of the parking area shall be land-
scaped.
(e ) Public utility substations that do not exceed one (1 )
acre in total net area, excluding switchyard.
(f ) Private recreation areas and/or uses for the exclusive
use by homeowners of a subdivision.
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( ) Rooming and/or boarding houses except in single-family
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residential or low-density districts.
(h) Horticulture as defined in Section 9700. 8 (2 ) .
( i ) Retail Nurseries - provided that retail nurseries in the
commercial districts, as well as wholesale nurseries in the RA and
Al districts are not subject to a conditional use permit.
(j ) Wind energy conversion systems subject to the following:
(1 ) Wind energy conversion systems (WECS ) shall be
located within the rear two-thirds ( 2/3 ) of the lot and shall
comply with the setback requirements contained within each base
district. Where a wind energy conversion system is to be located
within a commercial or industrial district the minimum rear yard
setback, adjacent to property zoned residential, shall be twenty
( 20 ) feet. Wind energy conversion systems within residential
districts shall be designed and engineered to eliminate guy wires
and shall not have a base larger than four (4 ) square feet. Wind
energy conversion systems shall not be permitted within the
required open space area on the lot. The design of the wind
energy conversion system shall not create noise, strobing effect,
or similar nuisances that may be detrimental to the immediate
area. When the Director of the Department of Development Services
determines that a nuisance will be created, he shall then desig-
nate in writing what steps or procedures must be taken by the
property owner or operator to abate the potential nuisance.
(2 ) The maximum height of the highest point of the wind
energy conversion system (WECS ) shall not exceed sixty ( 60 ) feet
from grade . The lowest portion of the blades shall not be less
than fifteen ( 15 ) feet from grade .
(3 ) Each wind energy conversion system must be equipped
with both manual and automatic controls to limit the rotational
speed of the blade within the design limits of the rotor. The
application must include a statement by a California-registered
professional engineer (the type of engineer submitting the
certification shall be approved by the Director of Development
Services) certifying that the rotor and overspeed controls have
been designed and fabricated for the proposed use in accordance
with good engineering practices. The engineer should certify the
structural compatibility of the proposed tower with the rotors.
(4 ) Electromagnetic Interference. The wind energy
conversion system shall be operated such that no disruptive
electromagnetic interference is caused. If it has been
demonstrated to the Director of the Department of Development
Services that the wind energy conversion system is causing harmful
2 .
interference, the operator, upon written notification, shall
promptly mitigate the harmful interference to the satisfaction of
the Director of Development Services.
( 5) Utility Notification. For those wind energy con-
version systems which will be interconnected to a utility grid, no
wind turbine shall be installed until the utility company has
approved such installation in writing. A copy of such approval
shall be submitted to the Department of Development Services prior
to installation of the wind turbine. The utility company shall be
notified of the installation of a wind energy conversion system
whether or not the property owner or operator intends to connect
the system to a utility grid.
( 6) Abatement. If a wind energy conversion system or
systems are not maintained in operational condition and pose a
potential safety hazard (to be determined by the Director of
Development Services) , the owner or operator shall take expedi-
tious action to remedy the situation. The city may summarily
abate any such hazardous situation and pass the cost of such
abatement on to the owner or operator of the system. If the City
of Huntington Beach determines that the system has been abandoned
and poses a safety hazard, such system shall be removed within
thirty ( 30 ) days upon receipt of written notice to the owner or
operator of the system.
(7 ) Annual Inspection Required. Annually, the per-
mittee shall submit a statement from an engineer, registered to
practice in the State of California, stating that the system,
including the base and the blades, is in sound working condition
and does not pose a hazard to the public health, safety or
welfare .
( 8) Further Requirements. The Planning Commission may
impose such additional and further requirements as are made neces-
sary by special or unusual circumstances of the location and site
of the proposed installation.
SECTION 2. The Huntington Beach Ordinance Code is further
amended by amending sections 9700. 13, 9700. 15 and 9700. 21 to read
as follows:
9700. 13. Words beginning with the letter "M" shall have the
following definitions :
3.
(1 ) Mobilehome. A vehicle without motive power and
without a permanent foundation that may be drawn by a motor
vehicle and used as permanent housing and which complies with the
provisions of the State of California ' s Health and Safety Code,
Division 13.
(2 ) Mobilehome Accessory Building or Structure. A sub-
ordinate building or structure located on a mobilehome space or
lot, the use of which is customarily incidental to that of the
main mobilehome.
(3 ) Mobilehome or Travel Trailer Lot or Space. An
improved plot within a mobilehome park or travel trailer park
which is designated or used for the occupancy of a mobilehome or
travel trailer.
(4 ) Mobilehome Park. An improved area or tract of land
where mobilehome spaces or lots are rented or leased or held out
for rent or lease to accommodate mobilehomes used for one stop-
over exceeding thirty ( 30 ) consecutive days.
(5 ) Motel. A building or group of buildings designed
for the accommodations of transient automobile travelers in
sleeping units which have a direct outside entrance and con-
veniently located parking spaces on the same lot. Said sleeping
units may have kitchens or kitchenettes up to a maximum of twenty-
five ( 25 ) percent of the total number of sleeping units.
( 6 ) Motor Vehicle Dismantling or Wrecking Yard. A
motor vehicle dismantling or wrecking yard shall mean the use of
any lot or any portion of a lot for dismantling, disassembly, or
demolishing motor vehicles. This definition shall not be con-
strued to allow storage of motor vehicles, whether impounded or
not, nor as a yard for the storage of scrap metals, scrap
materials or junk.
( 7 ) Motor Vehicle Storage Yard. A motor vehicle
storage yard shall mean the use of any lot or any portion of a lot
for the storage of motor vehicles, whether impounded or not. This
definition shall not be construed to include dismantling, wreck-
ing, repairing or altering of any vehicle.
(8 ) Mare shall mean a female equine which has attained
the age of four (4 ) calendar years.
(9 ) Maximum Wind Energy Conversion System Height. The
height of the tower and the furthest vertical extension of the
rotor measured from grade.
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9700. 15 Words beginning with the letter "O" shall have the
following definitions:
(a ) Open or Public Land. Open or public land shall
include parks dedicated or proposed to be dedicated for public
use, school sites, easements or rights-of-way for electrical
transmission lines, or areas set aside for public water uses or
flood control channels.
(b) Open Space shall mean the portion or portions of a
parcel of land unoccupied or unobstructed by buildings or struc-
tures from the ground upward, excepting therefrom architectural
features extending not more than four ( 4 ) feet from the structure.
(c ) 02en Space, Common shall mean belonging to, shared
by, or having an undivided interest in the use of real property by
all members, individuals or residents of a particular real prop-
erty development.
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(d ) Open Space, Private shall mean belonging to, or
restricted to the use and enjoyment of the occupant of a
particular unit.
(e ) Overspeed Control. A mechanism used to limit the
speed of blade rotation to within the design limits of the wind
energy conversion system.
9700. 21. Words beginning with the letter "W" shall have the
following definitions:
(a ) Waterfront Lot. Any lot or portion thereof
abutting a navigable waterway such as a bay, cove, or channel.
(b) Wind Energy Conversion System. A machine that con-
verts the kinetic energy of the wind into a usable form of
electrical energy (commonly known as a wind turbine or windmill ) .
SECTION 3. This ordinance shall take effect thirty ( 30 ) days
after adoption.
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PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 18th
day of July , 1983.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk +/-I/?? City Attorney _
REVIEWED AND APPROVED: %INITIATED AND APPROVED:
)V. 2�0�
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City Ad istra or 71Drector of Development
Services
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Ord. No. 2632
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified 'City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the 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 the 5th day of July
19 83 , and was again read to said City Council at a regular
meeting thereof held on the 18th day of July , 19 83 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Thomas, Kelly, MacAllister Finley Bailey, Man is
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
I, Alicia M. Wentworth CITY CLERK of the City of
Huntingtz)n Beach and ex-officio Clerk of the City
Council, do hereby certify that a synopsis of this
ordinance „as been published in the Huntington
Beach Indenend t on
19 F-3...
In aeeorc'arC ti:!h the ;i, �` .r, -: of said City.
AUCIA M. WENTWORTH
.................................... ........................................... .
City Clerk
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Deputy City Clerk