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HomeMy WebLinkAboutOrdinance #2660 I ORDINANCE NO. 2660 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING A NEW ARTICLE 969. 9 PERTAINING TO COASTAL ZONE SUFFIX 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 969. 9 to read as follows: ARTICLE 969. 9 "CZ" COASTAL ZONE SUFFIX Sections: 969. 9. 0 Purpose 969. 9. 1 Definitions 969. 9. 2 Area of Applicability 969. 9. 3 Application 969. 9. 4 General Provisions 969. 9. 5 Residential Density Limitations 969. 9. 6 Height Restrictions 969. 9. 7 Parking Requirements 969. 9. 8 Sign Regulations 969.9. 0 PURPOSE. The purpose of the Coastal Zone Suffix (CZ ) is to provide supplementary regulations for those areas in the City of Huntington Beach which lie within the Coastal Zone as it now exists or may hereinafter be amended, and as such require special consideration to assure that they are developed in a manner that will implement the California Coastal Act of 1976 (Division 20 of the Public Resources Code ) and be in accord with the policies set forth in the Coastal Element of the Huntington Beach General Plan. 969. 9. 1 DEFINITIONS. The following definitions shall only apply to districts bearing the CZ suffix. Lateral Access: Means public access along the coast. Vertical Access: Means public access from the nearest public roadway to the shoreline. 969. 9.2 AREAS OF APPLICABILITY. The provisions of this section are applicable to all land and water within the CZ District and are in addition to the provisions of "Purpose and Effect of Districting" within the Huntington Beach Ordinance Code . Where uncertainty exists as to the exact location of the CZ District boundary, the following rules shall apply: 1. (A) When a portion of a building site lies, or appears to lie partially within the CZ District and any existing or proposed development of such building site is within the CZ District, the building site shall be considered to be within the CZ District. (B) When a portion of a building site lies, or appears to lie partially within the CZ District and no development of such build- ing site is within the CZ District, the building site shall be considered to be not within the CZ District. (C) When a public or private street or a highway lies partially within the CZ District, the entire width of that portion of such street or highway lying partially within the CZ District shall be considered to be within the CZ District. 969. 9.3 APPLICATION. The CZ District is a suffix district that may be combined with any base district; however, the CZ District is intended to be applied only within the area of the Coastal Zone described by the Public Resources Code. In any district where the district symbol is followed by, as a part of such symbol, hypenated letters, "CZ , " thus: -CZ , the additional provisions of Article 989. 5 shall apply. The district symbol shall constitute the "base district" and the CZ suffix shall constitute the "combining district. " Whenever any provisions of the CZ District and any other law or ordinance impose overlapping or contradictory regulations, and when the CZ District requires procedures and discretionary actions not required by any other law or ordinance, the requirements of the CZ District shall supersede and shall be satisfied or complied with either in combination with or in addition to those procedures required to comply with other laws and ordinances. 969. 9. 4 GENERAL PROVISIONS. (A) Coastal Development Permit. Any district bearing the CZ suffix shall be subject to the provisions contained in the Coastal Development Permit within the Huntington Beach Ordinance Code . (B) Public Access to Coastal Resources. The following shall be required within the CZ District: (1 ) An offer of dedication of an easement in all new development to allow vertical access to the shoreline, public recreation areas, public trails, or to bikeways. Offers of dedica- tion for vertical access shall be provided only to sandy beaches and recreation areas and in conjunction with development on vacant parcels, replacement of existing structures or in commercial proj- ects. Offers for vertical dedication shall not be required when: (a) Adequate access exists nearby or is proposed by the land use plan within one thousand (1, 000 ) feet ; or 2. (b) Access at the site would significantly degrade environmentally sensitive habitat areas; or (c) Findings are made, consistent with Section 30212 of the Coastal Act that access is inconsistent with public safety, military security needs, or that agriculture would be adversely affected; or (d) The parcel is too narrow for an adequate privacy buffer separating the accessway from the existing residence and would therefore adversely affect the privacy of the property owner. The following guideline shall be used in determining adequate privacy buffers : There should be at least fifteen ( 15 ) feet between the existing residence and the side yard property line for an adequate buffer . These exceptions ( ( 1 ) (a)-(d) ) shall not apply to the Pacific Electric right-of-way. (2 ) An offer for dedication of an easement shall be required in conjunction with new development on vacant parcels and along all sandy beach areas to allow lateral access along the shoreline , public recreation areas or to public trails and bikeways except when: (a) Findings are made consistent with Section 30212 of the Coastal Act that access is inconsistent with public safety, military security needs, or that agriculture would be adversely affected; or (b) Access at the site would significantly degrade environmentally sensitive habitat areas; or (c) The parcel is too narrow for an adequate pri- vacy buffer separating the lateral accessway from an existing resi- dence. The following guideline shall be used in determining adequate privacy buffers : There must be at least fifteen ( 15 ) feet between an existing residence , patio cover or pool and the shore- line in order to accommodate both an accessway and the privacy buffer. These exceptions ( (2 ) (a)-(c ) ) shall not apply to the Pacific Electric right-of-way. (3 ) The following policies shall be applicable to access dedications: (a) In existing developed residential areas which do not front a sandy beach area, access will generally only be required where it can be accomplished with the privacy standards stated in ( 2 ) (c) . Access to the bulkhead areas of Huntington Harbour is generally not appropriate, because in most cases it 3. cannot be provided consistent with privacy standards. However, there may be situations where access to and along the bulkhead is appropriate . Where a parcel is large enough to provide public access consistent with the privacy standards in new development, access along the bulkhead may be appropriate, particularly if public use areas such as fishing piers can be reached or provided in new development through such accessways. (b) In no case shall development in any way diminish or interfere with the public ' s right of access to the sea where acquired through use or legislative authorization. (c) The city shall accept offers of dedication for access consistent with its ability to assume maintenance and liability. If not accepted by the city, offers of dedication for access may be accepted by any other public agencies or private associations, provided that any association or agency which pro- poses to accept accessways must be able to assume maintenance and operation of such accessway prior to opening it to the public. (C) Visual Resources: ( 1 ) An applicant proposing new development shall provide the Director with an evaluation of the project design 's visual impact and incorporate within its design, to the satisfaction of the Director, the following elements: (a) Preservation of public views to and from bluffs, to the shoreline and ocean, and to wetlands. (b) Conservation of energy and facilitation of public transit through design and siting. (c) Adequate landscaping and vegetation. (d) To the maximum extent feasible the preservation of existing mature trees. ( 2 ) The following shall be prohibited: (a) Any alteration of the natural landform of the bluffs seaward of Pacific Coast Highway; alterations necessary for development of public trails and stabilization of bluffs may be permitted subject to city approval. (b) Development along the bluffs rising up to the Bolsa Chica mesa which will alter the natural landform or threaten the stability of the bluffs. 4. (D) Community Facilities. Prior to the issuance of a development entitlement, the city shall make the finding that adequate services (e.g. , water, sewer, roads, etc. ) can be provided to serve the proposed development, consistent with policies con- tained in the Certified Land Use Plan, at the time of occupancy. 969. 9. 5 RESIDENTIAL DENSITY LIMITATIONS. Areas designated within the Coastal Element for residential development shall conform with the following Coastal Element density limitations: (A) Low Density. Shall not exceed seven ( 7 ) dwelling units per gross acre of land. (B) Medium Density. Shall not exceed fifteen ( 15 ) dwelling units per gross acre of land. (C ) Medium-High Density. Shall not exceed twenty-five (25 ) dwelling units per gross acre of land. (D) High Density. May be developed at a density in excess of twenty-five (25 ) dwelling units per gross acre of land. 969. 9. 6 HEIGHT RESTRICTIONS. No structure within the CZ District shall exceed the district height restriction or thirty- five (35 ) feet in height for a residential structure or fifty ( 50 ) feet for a commercial structure, whichever is more restrictive, except as specified by a floor area ratio (FAR) in the Coastal Element. The following additional heights shall be permitted: (A) Ten ( 10 ) feet in height for roof line treatment, archi- tectural features such as chimneys, solar energy equipment and mechanical devices. The air space granted for these purposes shall not be used as part of an additional habitable area. (B) Fourteen ( 14 ) feet in height for elevator equipment. All mechanical devices, except for solar panels, shall be set back and screened so that they cannot be seen from public rights-of-way. 969. 9. 7 PARKING REQUIREMENTS. Shall comply with the off- street parking requirements of the Huntington Beach Ordinance Code. 969. 9. 8 SIGNS. The general regulations contained in this section shall apply to all signs and all use districts. For the purpose of the CZ District "SIGN" does not include governmental signs constructed and maintained pursuant to and in discharge of any governmental function. Signs shall conform with the height and area restrictions set forth in the Huntington Beach Ordinance Code unless otherwise provided herein. 5. (A) Any illuminated sign or lighting device shall employ only light emitting a constant intensity. (B) No sign shall be illuminated by or contain flashing, blinking, moving, rotating, or intermittent light or lights. (C) No sign or lighting device shall be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk, or adjacent pre- mise so as to cause glare or reflection that may constitute a traffic hazard or nuisance . (D) No sign shall be placed on, attached to, or extend above the roof of any building. (E ) No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners, or other similar moving devices. Such devices, as well as strings of lights, shall not be used for the purpose of advertising or attracting attention, except as otherwise provided for in the Huntington Beach Ordinance Code . (F) No sign erected or maintained in the window of a building, visible from any public or private street or highway, shall occupy more than twenty percent ( 200) of the window surface . (G) All signs hung and constructed shall be plainly marked with the name of the person, firm, or corporation hanging or constructing the sign. (H) No building wall shall be used for display of advertising except that which relates to an activity, service or commodity which is available on the premises. (I ) No sign shall incorporate mechanical movement of any kind, such as, but not limited to, rotating, revolving, moving, gyrating, or animated signs. (J) Billboards, off-site advertising signs, and other signs which give direction to or identify a use or product not sold or located at the location of the sign are prohibited. (K) Subject to the requirements of Section 5412. 1 of the California Business and Professions Code, all existing billboards within residentially planned and zoned areas shall be removed. 6. SECTION 2. This ordinance shall take effect thirty days after adoption. 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: J/-0 City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND PROVED: w City Administrator Director, Develop t e ices 7. Ord. No. 2660 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 17th day of October 19 83 , 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 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California P WON 1, Alicia M. Wentworth CITY CLERK Of the City of Hunting::,n Beach and ex•of ilcio Clerk of the city Court, do he.eby cer-my that a synopsis of this ordinance 'as been published in the Huntington Beach im'el:e!*dert on ........... ... _1/-12. �g.. 3.. In accorr'Orce wffh the C:fy Char'.;:,of said City. A1aC1A M. WENTWORTH ..................... . City Clerk iJeputy City Clrk