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HomeMy WebLinkAboutOrdinance #2701 r ORDINANCE NO. ?7ni AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 969.7 .1, 969.7 .2, AND 969.7 .3, ALL RELATING TO THE COASTAL CONSERVATION DISTRICT. 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 969.7 .1, 969 .7 .2 and 969.7.3 to read as follows: S. 969.7 .1 DEFINITIONS. (a) Energy Facility: means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal , or other source of energy. (b) Environmentally Sensitive (Habitat) Area: means a wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. (c) Feasible: means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, social, and technological factors . (d) Functional Capacity: means the ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. (e) Significant Disruption: means having a substantial adverse effect upon the functional capacity. (f ) Wetland: means lands within the Coastal Zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats and fens . S. 969.7 .2 PERMITTED PRINCIPAL USES AND STRUCTURES. The following principal uses and structures shall be permitted in the CC District where no feasible, less environmentally damaging alternative exists and where 1. feasible mitigation measures have been provided and are subject to issuance of a use permit by the Board of Zoning Adjustments . Said permit shall insure that the uses are developed in a manner compatible with the purpose of this District. Such permitted uses are: (a) Incidental public service projects such as but not P P J • limited to, burying cables and pipes . (b) Maintenance of existing streets and utility structures S. 969.7 .3 USES AND STRUCTURES SUBJECT TO A CONDITIONAL USE PERMIT. The following uses and structures may be permitted in the CC District subject to approval of a Conditional Use Permit where there is no feasible less environmentally damaging alternative and where feasible mitigation measures have been provided. (a) New or expanded energy and coastal-dependent industrial facilities where no feasible, less environmentally damaging alternative exists (b) Diking, dredging and filling which are necessary for the protection, maintenance, restoration or enhancement of the environmentally sensitive habitat area 's functional capacity (c) (1 ) Maintenance of existing modified flood control facilities where the primary purpose is to maintain existing flood control capacity and where such maintenance is necessary for public safety or to protect existing development where there is no other feasible method for protecting structures in the flood plain. No maintenance activities shall be permitted which have the effect of draining wetlands. Maintenance activities may include: Maintenance dredging of less than 100,000 cubic yards within a 12 month period; lining of existing in-place artificial channels; increasing the height of existing levees; or changes in the cross section of the interior channel to accommodate the design capacity of existing channels when no widening of the top dimensions or widening of the outer levees is required. (2) Only in conjunction with restoration plans, new flood control facilities where necessary for public safety and to protect existing development where there is no other feasible method for protecting structures in the flood plain. (d) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas 2 (e) Pedestrian trails and observation platforms for passive nature study; ie. , bird watching and the study of flora and fauna native to the site. Such uses may be located within an environmentally sensitive habitat area provided that said use(s) are immediately adjacent to the area' s peripheral edge . (f) Maintaining existing, or restoring previously dredged depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching. ramps . (g) In wetland areas only, entrance channels for new or expanded boating facilities; and in a degraded wetland, identified by the Department of Fish and Game pursuant to subdivision (b) of Section 30411, for boating facilities, if, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland. The size of the wetland area used for boating facilities, including berthing space, turning basins, necessary navigation channels, and any necessary support service facilities, shall not exceed 25 percent of the degraded wetland. (h) Nature study, aquaculture, or similar resource dependent activities . SECTION 2. 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 meeting thereof held on the 18th day of June 1984. r ATTEST: APPROVED AS TO FORM: City Clerk ,-1=lf)`City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: ity Admin strator rector of Development Services 3 . Ord. No. 27ni 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 , 19 84 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 t, Alicia M. Wentwotih CITY Ctf ltti of the CUY of Humonoon Beach and a aftio Cierh of the City Cour4l. do hereby M"Y that a WOOP24 d this ordinaries b ce has been published in thf Ham► Beach Independent oa in accordance wish the City Charter of said City. ALICIA M. WE.N�'WOM ............................... ............ ... ........G`�.teak ........................... '.A. .....�. � �...�......