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HomeMy WebLinkAboutOrdinance #2698 0 r 1 ORDINANCE NO. 2698 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 969.9.0 AND 969.9 .4 AND ADDING SECTIONS 969.9.5 THROUGH 969.9.17 ALL RELATING TO THE COASTAL ZONE SUFFIX. The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by amending sections 969.9.0 and 969 .9.4 to read as follows: S. 969.9.0 PURPOSE. The purpose of the Coastal Zone Suffix CZ ss to provide supplementary regulations and specified permitted uses 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. S. 969.9.4 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. SECTION 2. The Huntington Beach Ordinance Code is hereby amended by adding sections 969 .9.5 through 969 .9.17 to read as follows: S. 969.9.5 Public Access to Coastal Resources . The following shall be required within the CZ District as conditions of development prior to the issuanceof a permit: (a) 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 dedication for vertical access shall be provided as a condition of new development on parcels adjacent to sandy beaches or recreation areas, on vacant parcels, on parcels designated for commercial use, and in conjunction with replacement of existing structures on waterfront parcels . Offers for vertical dedication shall not be required when: 1 . I (1) Adequate access exists nearby or is proposed by the land use plan within one thousand (1,000) feet; or (2) Access at the site would significantly degrade environmentally sensitive habitat areas; or (3) 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 (4) 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 ( (a) (1)-(4) ) shall not apply to the Pacific Electric right-of-way. (b) An offer for dedication of an easement shall be required in conjunction with all new development between the first public road and the sea to allow lateral public access and passive recreational use along the shoreline, public recreation areas or to public trails and bikeways except when: (1 ) 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 (2) Access at the site would significantly degrade environmentally sensitive habitat areas; or (3) The parcel is too narrow for an adequate privacy buffer separating the lateral accessway from an existing residence. 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 shoreline in order to accommodate both an accessway and the privacy buffer . These exceptions ( (b) (1)-(3) ) shall not apply to the Pacific Electric right-of-way. (c) The following policies shall be applicable to access dedications: 2. (1 ) Access will not be required on existing developed residential parcels which do not front a sandy beach, and which are bulkheaded and are not adjacent to recreation or public use areas and other existing or proposed lateral or vertical easements, or when development is proposed on an existing subdivided single family residential lot between developed residential parcels. (2) 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. (3) 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 proposes to accept accessways must be able to assume maintenance and operation of such accessway prior to opening it to the public. (4) Prior to transmittal of a coastal permit, the applicant shall cause to be executed and recorded a document, in a form and content approved by the Director an easement for public access and passive recreation to and along the shoreline as required by (B) (1) (2) and (3) above. In the case of lateral access on sandy beaches, the easement shall be for the length of the property and shall be from the mean high tideline to a point 25 feet inland from the daily high water line. On all other parcels which require lateral access the easement shall be for the length of the property and shall be from the mean high tideline to a point ten feet inland from the daily high water line. In addition to the ten foot easement, new development on vacant parcels shall provide a 15 foot structural setback of all buildings (including attached stairways, balconies, etc. ) This 15 foot setback shall remain free of all structures except for accessory structures such as patio, pools, landscaping and open fences. These structures may be located on fill no more than 30 inches above the grade of the adjacent public accessway. On an R-1 lot between existing developed lots adjacent to existing public accessways the easement shall be consistent with the width of the adjacent public accessways, and structural setbacks shall be consistent with the setback of the adjacent structures . In the case of vertical easements they shall be described as 3. extending from the property line to the mean high tide line. The easements shall be recorded free of prior liens except for tax liens and free of prior encumbrances which the Director determines may affect the interest being conveyed. The offers shall run with the land, binding successors and assigns of the applicant or landowners . The offer of dedication shall be irrevocable for a period of 21 years, such period running from the date of recording. (5) As a condition of new development on parcels on or adjacent to recreation areas, public accessways, public use areas, trails, bikeways or the shoreline, or in conjunction with dedications of lateral or vertical access the applicant shall provide signing identifying the public use areas and accessways subject to all other provisions of this district . I S. 969.9.6 Visual Resources: (a) 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: (1 ) Preservation of public views to and from bluffs, to the shoreline and ocean, and to wetlands . (2) Conservation of energy and facilitation of public transit through design and siting. (3) Adequate landscaping and vegetation. (4) To the maximum extent feasible the preservation of existing mature trees . (b) The following shall be prohibited: (1 ) 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. (2 ) Development along the bluffs rising up to the Bolsa Chica mesa which will alter the natural landform or threaten the stability of the bluffs. S. 969.9.7 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. ) 4. can be provided to serve the proposed development, consistent with policies contained in the Certified Land Use Plan at the time of occupancy. S. 969.9 .8 Diking, Dredging and Filling. Diking, dredging or filling shall be permitted only where there is no feasible less environmentally damaging alternative and where feasible mitigation measures have been provided and shall be subject to provisions of Article 969.7 Sections 969.7 .1, 969.7 .5, 969.7 .6, 969.7 .7 (Coastal Conservation District) . S. 969.9 .9 Hazards. As a condition of new development the applicant shall be required to submit a report evaluating geologic, seismic, flood and fire hazards, and shall be required to: (a) Comply with all recommendations and provisions contained in the Alquist-Priolo Act (Special Studies Zones) for identified seismic hazards. (b) Comply with all provisions of the City' s FP Floodplain District. S. 969.9.10 Buffer Requirements . As a condition of development adjacent to environmentally sensitive habitats, buffers shall be required as follows: (a) A minimum 100 foot buffer from the landward edge of the habitat shall be required within the development area. If the existing development or site configuration precludes a 100 foot buffer then the buffer shall be established pursuant to Section (c) and shall be reviewed by the State Department of Fish and Game. (b) In cases of high intensity development a wider buffer may be required pursuant to Section (c) . (c) Buffers shall be established according to the following standards : (1 ) Biological Significance of Adjacent Lands . The buffer should be sufficiently wide to protect the functional relationship between wetland and adjacent upland. (2 ) Sensitivity of Species to Disturbance. The buffer should be sufficiently wide to ensure that the most sensitive species will not be disturbed significantly by permitted development, based on habitat requirements of both resident and migratory species and the short and long-term adaptability of various species to human disturbance. 5. (3 ) Susceptibility of Parcel to Erosion. The buffer should be sufficiently wide to allow for interception of any additional material eroded as a result of the proposed development based on soil and vegetative characteristics, slope and runoff character- istics, and impervious surface coverage. (4) Use of Existing Cultural Features to Locate Buffer Zones. Where feasible, development should be located on the side of roads, dikes, irrigation canals, flood control channels, etc. , away from the environmentally sensitive habitat area. S. 969.9.11 Energy New energy facilities shall comply with the following: (a) Oil operations shall be located where there is no other feasible location which is less environmentally damaging or less disruptive of significant social, aesthetic or economic concerns and shall be located in the following priority: (1 ) Existing consolidated islands (2) New consolidated islands (3) Existing oil parcels (4) New parcels outside the coastal zone (5) New parcels within the coastal zone (b) Prior to approval of new or relocated pipelines. or transmission lines the applicant shall: (1 ) Submit a survey along the route of the pipeline or transmission line identifying and assessing coastal resources, including but not limited to beaches, recreation areas, significant vegetation, wetlands and other environmentally sensitive habitat, bluffs, streams, marine resources . (2) Submit a report evaluating potential impacts from construction and operation and proposing mitigation measures . (c) New pipelines shall: (1 ) Be consolidated in existing corridors and shall avoid recreation areas and environmentally sensitive habitat areas unless there is no feasible less environmentally damaging alternative location. (2) Incorporate automatic shutoff valves to isolate any segments carrying hazardous liquids . (3) Incorporate erosion control measures during construction and mitigation measures to repair grading or vegetation removal, including but not limited to replacing topsoil on the site and revegetation. 6. (4) Be constructed without the use of any chemical herbicides. (5) Be underground (d) Development of electrical transmission lines shall be consolidated in existing corridors where feasible. (e) New development of separation and treatment facilities shall be permitted only if: (1 ) It is infeasible to utilize excess capacity of existing facilities. (2) Siting and design is consistent with other provisions of this "CZ" district and other applicable zoning districts. S. 969.9.12 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) dwellings 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 not to exceed 35 dwelling units per gross acre of land. S. 969.9.13 HEIGHT RESTRICTIONS. No structure within the CZ District shall exceed the district height restriction or thirty-five (35) feet in height for a residential i 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, architectural 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 7 . 4 be set back and screened so that they cannot be seen from public rights-of-way. S. 969 .9 .14 PARKING REQUIREMENTS. If any existing oceanside or onstreet parking is removed it shall be replaced on a one for one basis in an area that would not result in the loss of any sandy beach area and within walking distance of the existing site. Replacement parking shall be assured prior to the issuance of the coastal development permit. Development shall comply with the off-street parking requirements of the Huntington Beach Ordinance Code. S. 969.9.15 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. (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 devices 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 premise 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 (20%) 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. 8 . i I (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 . i (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. S. 969.9.16 Permitted Uses within Land Use Designations: Notwithstanding any provisions of the base district, parcels bearing the CZ Suffix within the following land use designations shall be limited to the following uses: (a) Recreation - excluding the beaches oceanward of Pacific Coast Highway: (1 ) Permitted uses: Beaches, parking lots, concessions, campgrounds, parks, picnic grounds, golf courses, racquet, boating and swim clubs, athletic fields, stables, bicycle and other recreational rentals, arboretum, archery range, bird sanctuary, recreation centers, visual arts festival grounds. (2) Conditional uses: Marinas and marine-related facilities such as launching ramps and fueling docks. (3) In addition to other provisions of this district the following developement standards shall be required: (a) Minimum parcel or building site: none (b) Maximum height of structures: 35 feet (4) For recreation areas adjacent to the Huntington Beach Mesa the permitted uses shall be limited to low intensity uses including picnic grounds, arboretum, bird sanctuaries, trails . Higher intensity uses such as public or private tennis courts, athletic fields, stables, campgrounds or other commercial recreation uses shall be conditional only and located in nodes adjacent to existing developed areas and roads and to avoid sensitive habitat. 9. (5) Uses within the recreation designation on the Bolsa Chica bluffs shall be limited to low intensity uses. Major recreational facilities are prohibited. Mature stands of existing eucalyptus trees shall be preserved. Adjacent development shall conform to buffer standards. (b) General Industrial. Permitted uses : Light manufacturing, assembly, packaging, electronics, wholesale distribution, machine shops, warehousing, storage, dry boat storage, administrative offices and service uses . (c) Resource Production. Permitted uses: Oil wells; injection equipment; separation and treatment facilities; storage tanks; transmission lines; equipment storage maintenance yards and administrative offices associated with oil operations. (d) General Commercial. Permitted uses : Convenience, neighborhood and community oriented retail and business uses. (e) Public Quasi Public and Institutional (1 ) Permitted uses: Government facilities, schools, colleges, libraries, police and fire stations and training facilities, churches, utilities, sanitation plants . (2) Conditional uses, upon issuance of a conditional use permit: Prior to approval of a development application for development on the mud dump site the applicant shall submit a characterization analysis. If the analysis indicates a contamination with harmful deposits, the applicant shall provide for clean up of the site prior to issuance of any permit. (f) Residential (Low, Medium and High Density) (1 ) Permitted uses: (A) Low Density: Detached single family dwellings (B) Medium Density: Single family and multi-family dwelling units; two or more attached, permanently located dwelling units . (C) High Density: Two or more attached permanently located dwelling units; single family residences . (D) Structures customarily incidental to and accessory to a residential unit 10 . (E) Schools, parks, recreation areas, churches, fire stations, utility substations, day care centers, convenience commercial centers by special permit. (2) Conditional Uses: Planned Residential developments . (g) Mobilehomes . Permitted uses: Mobilehomes within a mobilehome park; uses incidental to the park and normally found in conjunction with mobilehomes parks. (h) Oil Suffixes (O, 01 ) . Permitted uses: Petroleum extraction equipment, storage tanks, and transportation pipelines. (i ) Flood Plain (-FP1, -FP2) Within areas identified as wetlands in the coastal zone, uses of the Coastal Conservation District shall supersede uses permitted and conditional in the -FP1 and -FP2 designations . S. 969.9.17 Unclassified Uses Subject to a Conditional Use Permit in Any District Pipelines SECTION 3. This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeteing thereof held on the 18th day of June 1984. ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: ty Admi strato irector o Development Services 11 . Ord. No. 2698 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 4th day of June 19 84 , and was again read to said City Council at a regular meeting thereof held on the 18th day of June , 1984 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: MacAllister, Kelly, Bailey, Mandic NOES: Councilmen: None ABSENT: Councilmen: Pattinson, Thomas, Finley City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California L Aida &L Ilia mob CITY CLERK of the City at HwOmefto Bead and Malt do CWk of the City VowxX do Nay eetMy that a synopsis of tft hsa boas published in the Nun*%ton Beach bmk4o 4wA on in a ky oesonlacsca with ft C Charter of said City. SMA M. WENTWORTH � met ;�..