HomeMy WebLinkAboutOrdinance #2655 I
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ORDINANCE NO. 2655
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY ADDING A NEW ARTICLE 989. 5 PERTAINING TO
COASTAL DEVELOPMENT PERMIT
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1. The Huntington Beach Ordinance Code is amended by
adding a new Article 989. 5 to read as follows :
ARTICLE 989. 5
COASTAL DEVELOPMENT PERMIT
Sections:
989. 5. 0 Purpose
989. 5. 1 Definitions
989. 5. 2 General Requirements
989. 5. 3 Exemptions, Exclusions and Exceptions
989. 5. 4 CDP Procedures
989. 5. 5 Appeals
989. 5. 6 Application After Denial
989. 5. 7 Expiration of CDP
989. 5. 8 CDP Amendment
989. 5. 9 Enforcement Provisions
989. 5. 10 Revocation
989. 5. 11 Procedures for Open Space Easements and
Public Access
989. 5. 0 PURPOSE. The purpose of the Coastal Development
Permit (CDP) is to administer those districts within the coastal
zone .
989. 5. 1 DEFINITIONS. The following definitions shall apply
to all districts within the coastal zone. In case of a conflict
between the definitions contained in this article and others
contained in the Huntington Beach Ordinance Code, the definitions
contained in this article shall prevail for all districts requiring
a CDP.
Aggrieved Person: Means any person who, in person or through
a representative , appeared at a public hearing regarding a Coastal
Development Permit (CDP) ; or who, prior to action on a CDP,
informed the city in writing of his/her concerns about a CDP
application or who for good cause was unable to do either and
objects to the action taken on a CDP and wishes to appeal such
action to a higher authority.
1.
Appealable Development: Means an action by the city regarding
a CDP application for any development project which may be appealed
in accordance with the adopted regulations of the Coastal Commis-
sion and is located within or constitutes any of the following:
(A) A development project approved by the city located within
any appealable area, as follows:
( 1 ) All area between the sea and the first public road
paralleling the sea or within three hundred (300 ) feet of the
inland extent of any beach or the mean high tide line of the sea
where there is no beach, whichever is the greater distance.
(2 ) All area within one hundred (100 ) feet of any wet-
land, estuary, or stream and all area within three hundred ( 300 )
feet, both seaward and landward, of the top of the seaward face of
any coastal bluff.
(B) A development project which constitutes a major public
works project or a major energy facility.
Approving Authority: Means any person, board, commission or
council authorized by the applicable zoning or specific plan
regulations, or by the provisions of this article who may take any
one or a combination of four ( 4 ) different actions for each CDP
application as follows:
(A) Approval. The CDP application is approved with no cond-
tions or requirements.
(B) Conditional Approval. The CDP application is approved
subject to the performance of, or compliance with, conditions
necessary to assure conformity with the Certified Local Coastal
Program (C-LCP) .
(C) Denial. The approving authority shall state the reasons
for such action.
(D) Withdrawal. With the concurrence of, or at the request
of the applicant, any CDP application may be withdrawn. When the
approving authority withdraws an application, such action is
effective immediately and is not subject to appeal. Thereafter,
such CDP application shall be null and void, and the property shall
have the same status as if no CDP application had been filed.
Categorically Excluded Development: Means a development
included in any categorical exclusion list adopted pursuant to the
Certified Coastal Land Use Plan (C-LUP) , and to Sections 30610 (e )
and 30610. 5 of the Public Resources Code .
2.
Certified Coastal Land Use Plan (C-LUP) : Means the Coastal
Element of the Huntington Beach General Plan for the use of prop-
erty within the Coastal Zone which has been adopted by the City of
Huntington Beach and certified by the California Coastal Commission
pursuant to the Public Resources Code.
Certified Local Coastal Program (C-LCP) : Means a Local
Coastal Program (LCP) which the Coastal Commission has certified
meets the requirements, provisions and policies of the California
Coastal Act. (See definition of Local Coastal Program. )
Coastal Commission: Means the California Coastal Commission
established pursuant to the California Coastal Act (Division 20 of
the Public Resources Code ) .
C. C. Executive Director: Means the executive director of the
California Coastal Commission or his/her duly authorized repre-
sentative.
Coastal Development Permit (CDP) : Means a permit issued by
the City of Huntington Beach or the Coastal Commission to perform
or undertake any development within the Coastal Zone.
Coastal Zone : Means the portion of the City of Huntington
Beach specified on a "Post LCP Certification Permit and Appeal
Jurisdiction" map adopted by the state legislature as adjusted by
the Coastal Commission pursuant to the requirements of the
California Coastal Act as it presently exists or may hereafter be
amended.
Development: Means the placement or erection of any solid
material or structure, on land, in or under water; discharge or
disposal of any dredged material or of any gaseous, liquid, solid,
or thermal waste; grading, removing, dredging, mining, or extrac-
tion of any materials; change in the density or intensity of use of
land, including, but not limited to, subdivision pursuant to the
Subdivision Map Act, and any other division of land including lot
splits, except where the land division is brought about in connec-
tion with the purchase of such land by a public agency for public
recreational use; change in the intensity of use of water, or of
access thereto; construction, reconstruction, demolition, or
alteration of the size of any structure, including any facility of
any private , public, or municipal utility; and the removal or har-
vesting of major vegetation other than for agricultural purposes,
and kelp harvesting.
Development Project: Means any of the uses, activities or
structures listed under the definition of "development" when
carried out, undertaken or established individually or indepen-
dently of any other such use, activity or structure; or any group
or combination of the listed uses, activities or structures which
combine to form, or are a component part of, an integrated project.
3.
Disaster: Means any situation in which the force or forces
which destroyed the structure, to be replaced, were beyond the
control of its owner.
Energy Facility: Means any public or private processing, pro-
ducing, generating, storing, transmitting, or recovering facility
for electricity, natural gas, petroleum, coal or other source of
energy.
H. B. Director: Means the Director of Development Services of
the City of Huntington Beach, or his/her duly authorized represen-
tative.
Local Coastal Program (LCP) : Means the land use plans, zoning
regulations, specific plans, maps and implementing procedures
adopted by the City Council for the purpose of carrying out the
provisions of the California Coastal Act. An LCP which has been
certified by the Coastal Commission meets the requirements, pro-
visions and policies of the California Coastal Act and is a C-LCP.
Major Energy Facility: Means any energy facility exceeding
fifty thousand dollars ($50, 000 ) , or such minimum as may be adopted
by the State of California, in actual or estimated cost of con-
struction.
Major Public Works Project: Means any public works project
exceeding fifty thousand dollars ($50, 000 ) or such other minimum as
may be adopted by the State of California, in actual or estimated
cost of construction.
Person: Means any individual, organization, partnership, or
other business association or corporation, including any utility
and any federal, state, county, city government, or special
district or any agency thereof.
Public Works: Means the following:
(A) All production, storage, transmission, and recovery
facilities for water, sewerage , telephone , and other similar
utilities owned or operated by any public agency or by any utility
subject to the jurisdiction of the Public Utilities Commission,
except for major energy facilities.
(B) All public transportation facilities, including streets,
roads, highways, public parking lots and structures, ports,
harbors, airports, railroads, and mass transit facilities and
stations, bridges, trolley wires, and other related facilities.
(C ) All publicly financed recreational facilities, all proj-
ects of the State Coastal Conservancy, and any development by a
special district.
(D) All community college facilities.
4.
Structure: Includes anything that is constructed or built;
for example, a building, road, pipe, flume, conduit, siphon,
aqueduct, telephone line, or electrical power transmission and
distribution line.
989. 5.2 GENERAL REQUIREMENTS. It is the intent of the
following procedures to minimize the number of times a development
project will be required to secure a CDP. Whenever a proposed
development project includes more than one development, as defined
in Section 989. 5. 1, it is intended that, where feasible, the
developments be integrated into one development project and that
the CDP application be processed at the most appropriate stage of
the project. Any such CDP application shall include such informa-
tion and details as necessary to permit an appropriate decision to
be made for all stages or phases of the development project.
(A) CDP Required. Except as otherwise provided by Section
989. 5. 3, any person proposing to undertake any development project
within the coastal zone shall obtain approval of a CDP in compli-
ance with the provisions of this article.
(B) Combined Applications. A CDP application may be combined
with any other permit application; however, any such combined
application shall be processed in compliance with the provisions of
the permit application procedure contained in the Huntington Beach
Ordinance Code and with the provisions of this article. The
approving authority for any combined application shall be as
specified by this article. When it is not feasible to combine a
CDP application with one or more other applications, they may be
processed in a concurrent manner so that the effective dates of the
different actions shall occur at the proper time and in the
required sequence.
(C) Types of Approval Action. CDP applications shall be
processed in compliance with one of the following applicable
requirements, either as an application requiring a public hearing
or an application requiring administrative approval .
( 1 ) When a public hearing is required, the CDP applica-
tion shall be heard by either the Board of Zoning Adjustments, the
Planning Commission, or the City Council at a regularly scheduled
meeting.
(2 ) When a public hearing is not required, the approving
authority shall schedule a date, time and place for action to be
taken.
989. 5.3 EXEMPTIONS AND EXCLUSIONS. Except as otherwise
specified herein, developments listed in this section are exempt
from the provisions of the CDP. Requirements for any other permit
are unaffected by this section .
5.
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(A) A current record of all permits issued for categorically
excluded developments shall be available for public and Coastal
Commission review and shall include the following information for
each permit: name of applicant, location of the project, and brief
description of the project.
(B) Maintenance of, or improvements to, existing single-
family dwellings, accessory uses and structures, and landscaping,
except the following, which are not exempt:
( 1 ) Improvements to any existing structure located on a
beach, wetland, or seaward of the mean high tide line or where the
dwelling or proposed improvement would encroach within fifty ( 50 )
feet of the edge of a coastal bluff.
(2 ) Improvements to any existing structure located
between the sea and the first public road paralleling the sea or
within three hundred (300 ) feet of the inland extent of a beach or
of the mean high tide line of the sea where there is no beach,
whichever is the greater distance, when such improvements would
constitute or result in any of the following:
(a) An increase of ten percent ( 10%) or more of the
internal floor area of the existing structure (s) on the building
site .
(b) An increase in the floor area in any amount
when the structure has previously been improved in compliance with
these exemptions.
(c) The construction of an additional story or a
loft.
(d) The construction, placement or establishment of
any significant detached structure such as garages, fences, shore-
line protective works, docks or trees.
(3 ) Expansion or construction of a water well or septic
system.
(4 ) Improvements in an area which the Coastal Commission
has determined to have a critically short water supply that must be
maintained for the protection of coastal resources or public
recreational use, when such improvement would be a major water user
not essential to residential use , including but not limited to,
swimming pools and landscape irrigation systems.
(5 ) Any improvement when the CDP issued for the original
structure indicated that future additions would require a CDP.
6.
(6 ) Improvements to any structure on a beach or wetland,
seaward of the mean high tide line, where the structure or proposed
improvement would encroach within fifty ( 50 ) feet of the edge of a
coastal bluff.
(7 ) Any significant alteration of land forms including
removal or placement of vegetation, on a beach, wetland or sand
dune, or within one hundred (100 ) feet of the edge of a coastal
bluff, or in areas of natural vegetation designated by resolution
of the Coastal Commission as significant natural habitat.
(C) Maintenance of, or improvements to, an existing structure
( including attached fixtures and landscaping ) other than a single-
family dwelling or a public works facility, except the following,
which are not exempt:
( 1 ) through ( 7 ) (See subsection (B) ( 1 ) through ( 7 )
within this section. )
(8 ) Improvements to any structure which would result in
a change in the intensity of the uses on the building site .
( 9 ) Improvements pursuant to a conversion of an existing
multiple-unit residential structure or visitor-serving commercial
use to a condominium or stock cooperative . This paragraph does not
apply to a time-share project, estate, or use as defined in Section
11003. 5 of the Business and Professions Code .
(D) Maintenance dredging of existing navigation channels or
moving dredged material from such channels to a disposal area
outside the coastal zone, pursuant to a permit from the United
States Army Corps of Engineers.
(E ) Repair or maintenance activities that do not result in an
addition to, or enlargement or expansion of, the object of such
repair or maintenance activities; except the following, which are
not exempt:
( 1 ) Repair or maintenance of a sea wall revetment, bluff
retaining wall, breakwater, groin, culvert, outfall or similar
shoreline work which involves :
(a) Substantial alteration of the foundation,
including pilings and other surface and subsurface structures.
(b) The placement, whether temporary or permanent,
of rip-rap, or artificial berms of sand, or any other form of solid
material, on a beach or in coastal waters, streams, wetlands,
estuaries, or on shoreline protective works.
(c) The replacement of twenty percent ( 20% ) or more
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the materials of an existing structure with materials of a
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(d) The presence , whether temporary or permanent,
of mechanized construction equipment or construction materials on
any sand area or bluff or within twenty ( 20 ) feet of coastal waters
or streams.
(2 ) The replacement of fifty percent ( 50% ) or more of a
seawall, revetment, bluff retaining wall, breakwater, groin or
similar protective work under one ownership, unless destroyed by
natural disaster.
(3 ) Any method of routine maintenance dredging that
involves the dredging of one hundred thousand (100, 000 ) cubic yards
or more within a twelve ( 12 ) month period; or the placement of
dredge spoils of any quantity within an environmentally sensitive
habitat area, on any sand area, within fifty ( 50 ) feet of the edge
of a coastal bluff or environmentally sensitive habitat area, or
within twenty ( 20 ) feet of coastal waters or stream; or the
removal, sale, or disposal of dredge spoils of any quantity that
would be suitable for beach nourishment in an area the Coastal
Commission has declared by resolution to have a critically short
sand supply that must be maintained for protection of structures,
coastal access or public recreational use.
(4 ) Any repair or maintenance to facilities or struc-
tures or work located in an environmentally sensitive habitat area,
any sand area, within fifty ( 50 ) feet of the edge of a coastal
bluff or environmentally sensitive habitat area; or within twenty
( 20 ) feet of any coastal waters and streams that include:
(a ) The placement or removal, whether temporary or
permanent, of rip-rap, rocks, sand or other beach materials or any
other forms of solid materials;
(b) The presence, whether temporary or permanent,
of mechanized equipment or construction materials.
(F) The installation, testing, and placement in service or
the replacement of any necessary utility connection between an
existing service facility and any development approved pursuant to
this article . The H. B. Director, where necessary, may require
reasonable conditions to mitigate any adverse impacts on coastal
resources including, but not limited to, scenic resources.
(G) The replacement of any structure, other than a public
works facility, destroyed by natural disaster, provided such
replacement structure conforms to applicable current zoning
regulations, is designed and intended for the same use as the
destroyed structure, does not exceed the floor area, height or bulk
of the destroyed structure by more than ten percent (10% ) and is
sited in the same location on the same building site as the
destroyed structure.
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(H) Development projects on tidelands, submerged lands or on
public trust lands, whether filled or unfilled, when such projects
are permitted pursuant to a CDP issued by the Coastal Commission.
(I ) Projects normally requiring a CDP but which are under-
taken by a public agency, public utility or person performing a
public service as emergency measures to protect life and property
from imminent danger or to restore, repair or maintain public
works, utilities and services during and immediately following a
natural disaster or serious accident, provided the H. B. Director
and the C. C. Executive Director are notified within three ( 3 ) days
after the disaster or discovery of the danger regarding the type
and location of the emergency measures to be performed. This
exemption does not apply to the erection, construction or placement
of any structure with an estimated cost or market value in excess
of twenty-five thousand dollars ( $25, 000 ) in a permanent location.
(J) Ongoing routine repair and maintenance activities of
public agencies and public utilities (such as railroads) involving
shoreline works protecting transportation roadways.
M Lot line adjustments resulting in no increase in the
number of lots.
(L) Harvesting of agricultural crops, 'including kelp.
W Land division brought about in connection with the pur-
chase of land by a public agency for public recreational use .
989. 5.4 CDP PROCEDURES. Each CDP application shall be pro-
cessed in compliance with the requirements of this section.
(A) Applicability.
(1 ) CDP 's are applicable to the subject property. All
rights and responsibilities granted by the approval of a CDP remain
with the property when there is a change of ownership.
(2 ) Prior to filing any application for those districts
requiring a CDP, the H. B. Director shall make one of the
following determinations:
(a) The requirements of this article have been
previously satisfied; or
(b) The applicant shall file a CDP application con-
currently or in combination with the application; or
(c) The CDP application shall be deferred to accom-
pany a subsequent application.
9.
(B) Application Requirements. Each CDP application shall be
submitted in the form and number prescribed by the H. B. Director,
and shall be accompanied by:
( 1 ) Payment of a fee set by resolution of the City
Council.
(2 ) A location map showing the area to be developed in
relation to nearby lots, streets, highways and major natural
features such as the ocean, beaches, wetlands and other major
landforms.
( 3 ) A site plan, drawn to scale , showing:
(a) Existing and proposed property lines of the
site to be developed, including all easements over or adjacent to
the lot;
(b) Existing and proposed topography, at a contour
interval appropriate to the size of the site to be developed ( if
determined by the H. B. Director to be necessary ) ;
(c) All existing and proposed structures, roads,
utility lines, signs, fences and other improvements;
(d) Major natural and man-made landscape features,
including location, type and size of any trees or other vegetation
to be removed or planted;
(e ) For projects proposed between the first through
public road and the sea, indicate on the site plan existing and/or
proposed public access to and along the shoreline.
(4 ) When a building is being proposed the following
elevations are required:
(a) All exterior walls ;
(b) Type and color of roof and other exterior
materials;
(c ) Location and design of roof equipment, trash
enclosures, fences, exterior lights, signs and other exterior
structures and equipment.
( 5 ) Any additional information determined by the H. B.
Director, within thirty ( 30 ) days of the CDP application submittal,
to be necessary for evaluation of the proposed development' s com-
pliance with the C-LCP.
10.
(C) Determination of Applicable CDP Procedure. At the time a
CDP application is submitted, the H. B. Director shall determine,
based on the provisions of the C-LCP and all applicable maps,
zoning regulations, and specific plan regulations, that the
development project is one of the following:
(1 ) within an area where the Coastal Commission
exercises original permit jurisdiction;
(2 ) categorically excluded;
(3 ) non-appealable to the Coastal Commission;
(4 ) appealable to the Coastal Commission.
(D) CDP Procedure Appeal . Within five (5 ) working days of
submitting a CDP application, the applicant or any other person who
does not agree with the H. B. Director 's CDP procedure determina-
tion, as provided for in Subsection (C) ( 2) through (4) within this
Section, may challenge the determination. If such challenge is not
resolved and the determination remains disputed, the city shall
notify the C. C. Executive Director by telephone of the dispute/
question and shall request the C. C. Executive Director's opinion.
If the H. B. Director or any other interested does not agree with
the C. C. Executive Director ' s determination and wishes a further
determination, the matter shall be forwarded to the City Council
for review and determination.
The Council shall schedule the request for review and determination
at the earliest available regularly scheduled meeting. The Council
shall determine whether the project is categorically excluded, non-
appealable or appealable. If the City Council ' s determination is
not in accordance with the C. C. Executive Director 's determina-
tion, the request shall be returned to the C. C. Executive Director
who may either concur with the Council 's determination or forward
the request to the Coastal Commission for a final determination.
(E) Report and Recommendation. After accepting a CDP appli-
cation as complete , the H. B. Director shall prepare a report to
the approving authority. The report shall include :
(1 ) a statement as to whether, in the H. B. Director's
judgment, the project complies with the policies of the C-LCP;
( 2 ) a recommended action, with conditions (as
appropriate ) to ensure compliance with the C-LCP.
M Referral of CDP Application. It shall be the duty of the
H. B. Director to:
( 1 ) forward each CDP application for comment to other
reviewing officials and/or agencies as may be required by LCP
policies ;
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(2 ) forward each CDP application together with his/her
report thereon to the approving authority for its action; and
(3 ) mail the notice of CDP application and the notice of
public hearing, in compliance with the provisions of subsection (I )
and (J ) of this section.
(G) Action on CDP. Action to approve, conditionally approve,
deny or withdraw a CDP application shall be taken only by the
approving authority. To the extent possible, action on a CDP
application shall be taken concurrently with action on other
approvals required for the development project by applicable
provisions of the base district.
Action on a CDP shall be in accordance with the following pro-
cedures:
(1 ) Where the Huntington Beach Ordinance Code requires
action on an application to be taken by the H. B. Director, the
Board of Zoning Adjustments, the Planning Commission, or the City
Council, then that person, board, commission or council shall also
act on the CDP application.
(2 ) Where action on other approvals is to be taken by a
city officer or body other than those specified in paragraph ( 1 ) ,
the H. B. Director shall act on the CDP application following
action by the appropriate officer or body on the other required
approvals.
(3 ) When a development project is allowed by the base
district with no approval other than a CDP, the H. B. Director
shall act on the CDP application.
(4 ) Where, in accordance with paragraphs (1 ) , (2 ) and
( 3 ) above , action on a CDP application should be taken by the H.B.
Director but subsection (H) of this section requires a public
hearing, the Board of Zoning Adjustments shall act in the place of
the H. B. Director.
(5 ) Where final action on other approvals requires the
recommendation of one officer or body to another, as in the case of
the Planning Commission 's recommendation to the City Council, that
officer or body shall make a concurrent recommendation on the CDP
application.
( 6 ) A CDP application may be approved or conditionally
approved only after the approving authority has reviewed the
development project and found it in conformance with the C-LCP by
making the following factual findings:
(a ) LUP. That the development project proposed by
the CDP application conforms with the plans, policies, requirements
and standards of the C-LUP;
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(b) Zoning Regulations. That the CDP application
is consistent with the CZ suffix, the base zoning district or
specific plan as well as other provisions of the Huntington Beach
Ordinance Code applicable to the property;
(c ) Adequate Services. That at the time of
occupancy the proposed development can be provided with infra-
structure in a manner that is consistent with C-LUP;
(d) California Coastal Act. That the development
conforms with the public access and public recreation policies of
Chapter 3 of the California Coastal Act;
(e ) Conditional Exception Applications. In addi-
tion to the findings required for a Conditional Exception by the
Board of Zoning Adjustments and/or the Planning Commission, the
following finding shall also be made: "Approval of the conditional
exception will result in no modification to the requirements of the
C-LUP. "
(H ) Public Hearing and Comments.
(1 ) The approving authority specified in subsection (G)
of this section, shall hold a public hearing prior to any action on
a CDP application where any of the following apply:
(a) The CDP application is for a non-appealable
development and the base district regulations require the holding
of a public hearing prior to action or recommendation on other
approvals required for the project.
(b) The CDP application is for an appealable
development, as defined in Section 989. 5. 1.
(2 ) A public hearing on a CDP application may be held
concurrently with any other public hearing on the development
project held by the approving authority specified in subsection (G)
of this section.
(3 ) Any person may submit written comment on a CDP
application, or on a CDP appeal, at any time prior to the close of
the applicable public hearing. If no public hearing is required,
written comments may be submitted prior to the action date
specified in the notice required by subsection (J) of this
section. Written comments shall be submitted to the H. B. Director
who shall forward them to the appropriate person, board, commis-
sion, council or applicant.
13.
(I ) Notice of Public Hearing.
(1 ) Non-Appealable Development.
(a) Contents of Notice:
(i ) A statement that the development is within
the Coastal Zone;
( ii ) the fee for filing appeals.
(b) Provision of Notice. Notice shall be mailed,
by first class mail, at least ten (10 ) calendar days before the
public hearing on a CDP application to the following:
( i ) the applicant;
( ii ) the owner of the subject parcel or duly
authorized agent ( if different from the applicant) ;
(iii ) all persons owning property within three
hundred (300 ) feet from the perimeter of the subject parcel;
( iv) all persons residing within one hundred
(100 ) feet from the perimeter of the subject parcel;
(v) the Coastal Commission;
(vi ) any commission or board as provided in
the C-LCP;
(vii ) all persons who have submitted a written
request for notification of all CDP applications or who have sub-
mitted a written request for notification of any proposed develop-
ment of the subject parcel, and who have submitted self-addressed,
stamped envelopes or paid a reasonable fee to receive such notice;
(viii ) newspaper of general circulation in the
Coastal Zone ; notice to be published once. (This provision is
applicable only when the CDP application is to be heard by the
Planning Commission. )
(2 ) Appealable Development.
(a) Contents of Notice:
(i ) a statement that the development is
within the Coastal Zone;
( ii ) the date of filing of the CDP applica-
tion and the name of the applicant;
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tion; (iii ) the number assigned to the CDP applica-
( iv) a brief description of the proposed
development and its location;
(v) the date , time and place at which the
CDP application will be heard by the approving authority;
(vi ) a brief description of the hearing 's
general procedure, conduct and possible actions;
(vii ) a brief description of the system for
applicable city and Coastal Commission appeals;
(viii ) the fee for filing appeals.
(b) Provision of Notice. Notice shall be mailed,
by first class mail, at least seven ( 7 ) calendar days before the
first public hearing on a CDP application to the following:
( i ) the applicant;
( ii ) the owner of the subject parcel or duly
authorized agent ( if different from the applicant ) ;
(iii ) all persons owning and/or residing
within one hundred (100 ) feet from the perimeter of the subject
parcel ;
( iv) the Coastal Commission;
(v) any commission or board as provided in
the C-LCP;
(vi ) all persons who have submitted a written
request for notifiction of all CDP applications or who have sub-
mitted a written request for notification of any proposed develop-
ment of the subject parcel, and who have submitted self-addressed,
stamped envelopes or paid a reasonable fee to receive such notice.
(3 ) Notice of Continued Public Hearings. If a hearing
on a CDP application is continued to a time which has not been
stated in the initial notice or at the public hearing, notice of
the continued hearing shall be provided in the same manner and
within the same time limits as required above.
(J ) Notice of CDP Application for Projects Which Do Not
Require a Public Hearing Under City Ordinance and are Non-Appeal-
able Developments.
15.
( 1 ) Contents of Notice:
(a) a statement that the development is within the
Coastal Zone;
(b) the date of filing of the CDP application and
the name of the applicant ;
(c) the number assigned to the CDP application;
(d) a brief description of the proposed development
and its location;
(e ) the date, time and place at which the CDP
application will be acted upon by the approving authority ;
(f) a brief description of the general procedure
concerning the submission of public comments either in writing or
orally;
(g) a statement that a public comment period of
sufficient time to allow for the submission of comments by mail
will be apportioned prior to the action by the approving authority.
( 2 ) Provision of Notice. Notice shall be mailed in the
same manner as that provided for an appealable development. (See
I (2 ) (b) of this section . )
M Notice of City Action.
( 1 ) On or before the seventh ( 7th) calendar day follow-
ing the date of action by the approving authority notice of the
action, including findings for approval and conditions, if any, and
the procedures for applicable appeal of the CDP action, shall by
first class mail, be mailed to the following:
(a) the applicant;
(b) the owner of subject parcel or duly authorized
agent ( if different from the applicant ) ;
(c) all persons who have submitted a written
request for notification of action on this specific CDP application
and who have submitted self-addressed, stamped envelopes or paid a
reasonable fee to receive such notice ;
(d) the Coastal Commission;
(e ) any commission or board as provided in the
C-LCP.
16.
(2 ) This Notice of City Action shall also be deemed the
Notice of Final City Action if an appeal is not filed in accordance
with this article .
(L) Failure to Act. If a CDP application has not been
approved, conditionally approved, or disapproved by the approving
authority within one (1 ) year after the date the CDP application
was accepted as complete, or within the time the CDP application
was extended, the CDP application shall be deemed approved.
Thereafter, the applicant shall notice the City of Huntington Beach
and the Coastal Commission in writing of his or her claim that the
development project has been approved by operation of law. When
the city determines after notice by the person claiming the right
to proceed, that the time limits established pursuant to Government
Code Sections 65950-65957. 1 have expired, the city shall, within
seven (7 ) calendar days of such determination, notify any person
entitled to receive notice pursuant to subsection (K) of this
section that:
(1 ) CDP application has been approved by operation of
law;
( 2 ) the CDP application may be appealed to the Coastal
Commission pursuant to Section 13110 et seq. of their regulations.
(M) Final City Action. After the date of final action, the
proposed development project may be established in compliance with
all applicable regulations and with the provisions of the CDP
application as approved.
(1 ) Non-Appealable Development. The city 's action on a
CDP application for a non-appealable development shall be deemed
final and in effect when:
(a) action by the approving authority has been
taken in accordance with subsection (G) of this section;
(b) notification of this action has been made in
accordance with subsection (K) of this section;
(c) all legal rights of appeal granted in the
Huntington Beach Ordinance Code have either expired or been
exhausted in accordance with section 989. 5. 5.
(2 ) Appealable Development. The city 's action on a CDP
application for an appealable development shall be deemed final and
in effect when the ten (10 ) working day appeal period to the
Coastal Commission has expired following exhaustion of the
Huntington Beach Ordinance Code ' s appeal procedures as detailed in
subsection 989. 5. 5(B) , unless any of the following occur:
17.
(a) an appeal is filed with the Coastal Commission
in accordance with subsections 989. 5. 5(A) and (C) ;
(b) the notice of final city appeal action does not
meet the requirements of subsection 989. 5. 5(B) ( 3 ) ;
(c) the notice of final city appeal action is not
received in the Coastal Commission office and/or distributed to
interested parties in time to allow for the ten ( 10 ) working day
appeal period.
989. 5. 5 APPEALS. Development pursuant to an approved CDP
shall not commence until all applicable appeal periods expire or,
if appealed, until all appeals, including the Coastal Commission,
have been exhausted. The action regarding any CDP application may
be appealed in compliance with the provisions of the Huntington
Beach Ordinance Code and with the following additional provisons:
(A) Actions Appealable Directly to the Coastal Commission.
An action regarding a CDP application for any appealable develop-
ment may be appealed directly to the Coastal Commission without
exhausting the appeal procedures specified by this section provided
such appeal is filed in accordance with the adopted regulations of
the Coastal Commission.
(B) Actions Appealable in Accordance with the Huntington
Beach Ordinance Code.
(1 ) Filing Procedure. An appeal shall be filed within
ten ( 10 ) working days of the approving authority 's action by any
aggrieved person with the Department of Development Services on a
form provided by the H. B. Director, and shall be accompanied by a
fee set by resolution of the City Council and a statement of the
grounds for appeal . Said appeal fee shall be waived in lieu of the
reimbursement of that fee through the instrument of Section 2231 of
the Revenue and Taxation Code (SB 90 ) claim or similar
reimbursement process established by the Coastal Commission.
(2 ) Notice of Public Hearing.
(a) Contents of Notice. Notice shall contain the
same information as the original notice except that it shall also
give the appellant ' s name and state that the hearing is an appeal.
(b) Provision of Notice. Notice shall be mailed,
by first class mail, at least ten ( 10 ) calendar days before the
public hearing on an appealed CDP application to the following:
( i ) the appellant;
18.
appellant) ; (ii ) the applicant ( if different from the
( iii ) the owner of the subject property or
duly authorized agent ( if different from the appellant and/or
applicant) ;
( iv) the Coastal Commission;
(v) any commission or board as provided in
the C-LCP;
(vi ) all persons who have submitted a written
request for notification of action on this specific CDP application
and who have submitted self-addressed, stamped envelopes or paid a
reasonable fee to receive such notice.
(3 ) Notice of City Appeal Action. On or before the
seventh ( 7th) calendar day following the date of action on an
appeal, the H. B. Director, or the Clerk of the City Council (as
appropriate ) shall forward, by first class mail, a copy of the
written decision to the persons who were notified of the appeal.
(See subsection (B) (2 ) above . )
(C) Actions Appealable to the Coastal Commission After
Exhaustion of City Appeals. An action by the City Council
regarding a CDP application for any appealable development may be
appealed to the Coastal Commission within ten (10 ) working days
from the date of the Council 's action by the applicant, an
aggrieved person, or any two (2 ) members of the Coastal Commission,
provided such appeal is filed in accordance with the adopted
regulations of the Coastal Commission.
989. 5. 6 APPLICATION AFTER DENIAL. Whenever a CDP request
under the provisions of this section has been denied and such
denial has become final, no new CDP application for the same or
similar request may be accepted within one (1 ) year of the denial
date, unless the H. B. Director finds that a sufficient change in
circumstances has occurred to warrant a new CDP application.
989. 5. 7 EXPIRATION OF CDP. A CDP shall expire on the latest
expiration date applicable to any other permit or approval required
for the project, including any extension granted for other permits
or approvals. Should the project require no city permits or
approvals other than a CDP, the CDP shall expire one (1 ) year from
.its date of approval if substantial work on the project has not
been commenced during that time or an extension has not been
granted by the approving authority.
989. 5. 8 CDP AMENDMENT. Upon application by the permittee, a
CDP may be amended by the approving authority. A CDP amendment
19.
shall be accomplished in the same manner specified by this article
for initial approval of a CDP. All sections of this article shall
apply to CDP amendments. In addition to the previous requirements
of this article, notice of hearing on the requested CDP amendment
shall be given to any person determined by the H. B. Director to
have been aggrieved at the original hearing.
(A) A CDP amendment may be approved if it is found that:
( 1 ) It will be in furtherance of the purposes of the CZ
suffix; and
(2 ) It will not significantly alter the approved CDP.
(B) The notification requirements of this section may be
waived by the approving authority either:
(1 ) because the proposed changes are the result of an
immaterial error on the part of the permittee or city; or
(2 ) The H. B. Director has determined that the proposed
modification will not materially alter the proposed project and
adversely impact the surrounding area.
989. 5. 9 ENFORCEMENT PROVISIONS. The purpose of this section
is to provide regulations and procedures which will ensure com-
pliance with the California Coastal Act and with the requirements
of the C-LCP and the provisions of the CDP.
(A) Violations. In addition to the provisions of the Hunt-
ington Beach Ordinance Code , the following provisions are appli-
cable for all districts bearing the CZ suffix. Any violation of
the C-LCP shall constitute a violation of the CDP, the Huntington
Beach Ordinance Code, and Division 20, Section 30000 et seq. of the
Public Resources Code of the State of California and shall be sub-
ject to the remedies, fines and penalties provided therein.
(B) Prosecution. A violation may be prosecuted by the City
of Huntington Beach in the name of the people of the State of
California, or may be redressed by civil action.
(C) Fines. Each violation is punishable by a civil fine of
not more than ten thousand dollars ($10, 000 ) , and of not less than
fifty dollars ($50 ) , nor more than five thousand dollars ($5, 000 )
per day for each day in which such violation occurs, in addition to
the fines and penalties provided by the City of Huntington Beach
Ordinance Code.
989. 5. 10 REVOCATION. Establishment, maintenance and opera-
tion of the structure (s ) or use (s ) proposed by the CDP application
shall be consistent with the information and specifications of the
20.
approved plan of development. Failure of any person to abide by
and faithfully comply with any and all conditions that may be
attached to the approval of a CDP issued pursuant to the provisions
of this article shall constitute grounds for the revocation of said
CDP by the City Council.
The failure of any CDP application to be processed in compliance
with the requirements and procedures of this article shall con-
stitute grounds for revocation by the City Council for any CDP
approval resulting from such non-compliance.
989. 5.11 PROCEDURES FOR OPEN SPACE EASEMENTS AND PUBLIC
ACCESS. When a CDP requires dedication of a public access, open
space or conservation easement prior to recordation of a final
tract or parcel map or prior to issuance of the CDP, the legal
dedicating document shall be approved by the H. B. Director and the
C. C. Executive Director prior to such recordation or CDP
issuance.The offer of dedication shall be processed in the
following manner:
(A) After the H. B. Director has approved the offer of
dedication, the offer of dedication together with a copy of the CDP
conditions and findings shall be forwarded to the C. C. Executive
Director for review and approval.
(B) The C. C. Executive Director shall, within fifteen ( 15)
working days after receipt of the documents, notify the H. B.
Director and the applicant of any recommended changes to the dedi-
cation offer.
(C) If the H. B. Director has not received a notice of recom-
mended changes from the C. C. Executive Director at the end of the
fifteen (15 ) day working period, the map may be recorded or the CDP
may thereafter be issued in compliance with applicable city proce-
dures and regulations.
(D) If the C. C. Executive Director has recommended changes
in the offer of dedication, the subject map shall not be recorded,
nor shall the CDP be issued, until the offer of dedication has been
revised in a manner satisfactory to and as approved by the H. B.
Director and the C. C. Executive Director.
SECTION 2. This ordinance shall take effect thirty days after
adoption.
21.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting hereof held on the 7th
day of November , 1983.
Mayor
ATTEST: APPROVED AS TO FORM:
4 ��C%!
City Clerk City Attorney !�
REVIEWED AND APPROVED: INITIATED AND APPROVED: --
City Administra or /—ilr2e�ctor, Development Services
22.
Ord. No. 2655
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 member$ 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 .17th day of October
1983 and was again read to said City Council at a regular
meeting thereof held on the 7th day of November 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:
Pattinson, Thomas, Kelly, MacAllister
NOES: Councilmen:
None
ABSENT: Councilmen:
Finley, Bailey, Mandic
ity Cler an ex-o ficio Cler
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wentworth CITY CLERK of the City of
Huntingt;;n Beach and ex-offi�io Clerk of the City
Counci'., do hereby certify that a synopsis of this
ordinance ;,as been published In the Huntington
Beach on j
. ....1..7-. .., I9.
In accordance vrih the C.y Cha.t_. cf said City.
ALICIA M. WENTWORTH
................I................................
City Clerk
........................ . ........:..."
Deputy City Clerk