Loading...
HomeMy WebLinkAboutOrdinance #2702 ORDINANCE NO. 2702 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE ORDINANCE CODE BY AMENDING SECTIONS 989 .5.1, 989.5.3, AND 989.5 .8, ALL RELATING TO THE COASTAL DEVELOPMENT PERMIT. 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 989.5 .1, 989.5 .3 and 989.5 .8, to read as follows: S. 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 dis- tricts 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. 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 Com- mission 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. r 1 . Approving Authority: Means any person, board, commission or coun- cil authorized by the applicable zoning or specific plan regula- tions, or by the provisions of this article who may take any one or a combination of four (4) different actions for each CDP appli- cation as follows: (a) Approval. The CDP application is approved with no con- ditions or requirements . (b) Conditional Approval. The CDP application is approved subject to the performance of, or compliance with, con- ditions 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 Cer- tified Coastal Land Use Plan (C-LUP) , and to Sections 30610(e) and 30610 .5 of the Public Resources Code. Certified Coastal Land Use Plan (C-LUP) : Means the Coastal Ele- ment of the Huntington Beach General Plan for the use of property within the Coastal Zone which has been adopted by the City of Huntington Beach and certified by the California Costal 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. 2. Coastal Zone: Means the portion of the City of Huntington Beach specified on the maps identified and set forth in Section 17 of that Chapter of the Statutes of the 1975-76 Regular Session enacting Division 20 of the Public Resources Code 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 connection 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 struc- tures listed under the definition of "development" when carried out, undertaken or established individually or independently of any other such use, activity or structure; or any group or com- bination of the listed uses, activities or structures which com- bine to form, or are a component part of, an integrated project. 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 representa- tive. 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. 3. i 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 one hundred thousand dollars ($100,000) or such other minimum as may be adopted by the California Coastal Commission, 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 faci- lities 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 pro- jects of the State Coastal Conservancy, and any develop- ment by a special district. (d) All community college facilities. 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. S. 989.5 .3 EXEMPTIONS AND EXCLUSIONS. (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 infor- mation for each permit: name of applicant, location of the pro- ject, and brief description of the project . (b) 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. 4 (1) Development in any categorical exclusion adopted pursuant to Secton 30610(e) of the Public Resources Code. (2 ) Maintenance of, or improvements to, existing single-family dwellings, accessory uses and structures, and landscaping, except the following, which are not exempt: (a) 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 en- croach within fifty (50) feet of the edge of a coastal bluff. (b) 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: (1 ) An increase of ten percent (10% ) or more of the internal floor area of the existing structure(s ) on the building site. (2 ) An increase in the floor area in any amount when the structure has previously been improved in com- pliance with these exemptions. (3) The construction of an additional story or a loft. (4) The construction, placement or establishment of any significant detached structure such as garages, fences, shoreline protective works, docks or trees . (c) Expansion or construction of a water well or septic system. (d) 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 improve- ment would be a major water user not essential to resi- dential use, including but not limited to, swimming pools and landscape irrigation systems. (e) Any improvement when the CDP issued for the original structure indicated that future additions would require a CDP. (f ) 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 . 5. (g) 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 vegeta- tion designated by resolution of the Coastal Commission as significant natural habitat. (3) 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: (a) through (g) (See subsection (2) (a) through (g) within this section. ) (h) Improvements to any structure which would result in a change in the intensity of use of the structure. (i ) 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 multi-family resi- dential use conversion to a time-share project, estate, or use as defined in Section 11003.5 of the Business and Professions Code. (4) 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 . (5) 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: (a) Repair or maintenance of a sea wall revetment, bluff retaining wall, breakwater, groin, culvert, outfall or similar shoreline work which involves: (i ) Substantial alteration of the foundation, including pilings and other surface and subsurface structures. (ii ) 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 . (iii ) The replacement of twenty percent (20% ) or more of the materials of an existing structure with materials of a different kind. 6 . (iv) 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. (b) The replacement of fifty percent (50%) or more of a sea wall, revetment, bluff retaining wall, breakwater, groin or similar protective work under one ownership, unless destroyed by natural disaster . (c) 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. (d) Any repair or maintenance to facilities or structures 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: (i ) The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials; (ii ) The presence, whether temporary or permanent, of mechanized equipment or construction materials . (6) The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pur- suant 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. (7) 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 7 . 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. (8) 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. (9) Projects normally requiring a CDP but which are undertaken 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 follow- ing 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. (10 ) Ongoing routine repair and maintenance activities of public agencies and public utilities (such as railroads ) involving shoreline works protecting transportation roadways . (11) Lot line adjustments resulting in no increase in the number of lots . (12) Harvesting of agricultural crops. (13 ) Land division brought about in connection with the purchase of land by a public agency for public recreational use. S. 989.5 .8 CDP AMENDMENT. Upon application by he permittee, a CDP may be amended by the approving authority. A CDP amendment 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 pre- vious 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. 8 . i (b) The notification requirements of this section shall be the same as for Notice of City Action if either: (1) 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. 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. OqEA 624 ATTEST: APPROVED AS TO FORM: i City Clerk n/Z City At rney REVIEWED AND APPROVED: INITIATED AND APPROVED: Adminis rator irector f Development Services 9 . Ord. No. 2702 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