HomeMy WebLinkAboutOrdinance #2716 -• a
ORDINANCE NO. 2716
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING SECTION 989. 5. 3, AND ADDING NEW
SECTIONS 989- 5. 3 THROUGH 989. 5 - 3.15 RELATING
TO TYPES OF DEVELOPMENT AND AREAS EXEMPT OR
EXCLUDED BY CATEGORY FROM COASTAL DEVELOPMENT
PERMIT REQUIREMENTS
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. Section 989 , 5. 3 of the Huntington Beach
Ordinance Code is hereby repealed.
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by adding thereto sections 989- 5. 3 through 989. 5- 15 to
read as follows :
989. 5- 3 . EXEMPTION. ADDITIONS TO EXISTING SINGLE-FAMILY
DWELLINGS. Maintenance of, or improvements to, existing single-
family dwellings, accessory uses and structures, and landscaping
are exempt , 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 encroach 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, which-
ever distance is greater, when such improvements would constitute
or result in any of the following:
(1) An increase of 10 percent or more of the internal
floor area of the existing structure(s) on the building site.
(2) An additional increase in floor area in any
amount where the structure was previously improved pur-
suant to California Public Resources Code section
30610 (a) , or this code.
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(3) The construction of an additional story or a
loft . (4) The construction, placement or establishment
of any significant detached structure such as a garage,
fence, 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 improvement would be a
major water user not essential to residential use, including
but not limited to swimming pools and landscape irrigation
systems.
(e) Any improvement when the coastal development permit
issued for the original structure indicated that future ad-
ditions would require a coastal development permit .
(f) Improvements to any structure on a beach or wetland,
seaward of the mean high tide line, where the structure or pro-
posed improvement would encroach within fifty (50) feet of the
edge of a coastal bluff.
(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 an area of natural vegetation designated
by resolution of the Coastal Commission as a significant
natural habitat .
989- 5. 3 . 1. EXEMPTION. EXISTING STRUCTURES OTHER THAN
SINGLE-FAMILY DWELLINGS. Maintenance of, or improvements to,
an existing structure (including attached fixtures and land-
scaping) other than single-family dwellings or public works
facilities are exempt , except the following which are not
exempt :
(a) All nonexemptions contained in subsections (a)
through (g) of section 989. 5. 3 of this article.
(b) Improvements to any structure which would result in
a change in the intensity of use of the structure,
(.c) improvements pursuant to conversion of an existing
multiple-unit residential structure or visitor-serving com-
mercial use to a condominium or stock cooperative. This sub-
2.
section shall not apply to a multi-family residential use
conversion to a time-share project , estate, or use as defined
in California 'Business and Professions Code section 11003. 5.
989. 5- 3. 2 . EXEMPTION. DREDGING OF NAVIGATION CHANNELS.
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 is exempt .
989- 5.3- 3. EXEMPTION. MAINTENANCE AND REPAIR OF SHORE-
LINE PROTECTIVE WORKS. Repair or maintenance of shoreline
protective works that do not result in an addition to, or en-
largement or expansion of, the object of such repair or main-
tenance activity is exempt , 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 :
(1) Substantial alteration of the foundation in-
cluding pilings and other surface and subsurface struc-
tures .
(2) 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 .
(3) The replacement of 20 percent or more of the
materials of an existing structure with materials of a
different kind,
(4) The presence, whether temporary or permanent ,
of mechanized construction equipment or construction ma-
terials on any sand area or bluff or within twenty (20)
feet of coastal waters or streams.
(b) The replacement of 50 percent or more of a sea wall
revetment , bluff retaining wall, breakwater, groin or similar
protective work under one ownership., unless destroyed by nat-
ural disaster.
(c) Any method of routine maintenance dredging that in-
volves the dredging of one hundred thousand (100,000) cubic
yards or more within a twelve (12) month period; or the place-
ment of dredge spoils of any quantity within a environmentally
sensitive habitat area, or any sand area, within fifty (50)
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feet of the edge of a coastal bluff or environmentally sensi-
tive habitat area, or within twenty (20) feet of coastal
waters or streams; or the removal, . sale, or disposal of dredge
spoils of any quantity that would be suitable for beach nour-
ishment 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:
(1) The placement or removal, whether temporary or
permanent , of rip-rap,, rocks , sand or other beach ma-
terials or any other forms of solid materials.
(2) The presence, whether temporary or permanent ,
of mechanized equipment or construction materials.
989- 5. 3 . 4 . EXEMPTION. UTILITY CONNECTIONS. The instal-
lation, 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
is exempt . The Director of Development Services, where nec-
essary, may impose reasonable conditions to mitigate any ad-
verse impacts on coastal resources including but not limited to
scenic resources.
989, 5. 3. 5. EXEMPTION. REPLACEMENT OF DESTROYED STRUCTURES.
The replacement of any structure, other than a public works
facility, destroyed by natural disaster is exempt , 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 10 percent , and
is sited in the same location on the same building site as the
destroyed structure.
989. 5, 3. 6. EXEMPTION. DEVELOPMENT PROJECTS IN COASTAL
ZONE. Development projects on tidelands, submerged lands or
on public trust lands, whether filled or unfilled, are exempt
when such projects are permitted pursuant to a coastal develop-
ment permit issued by the Coastal Commission.
989. 5- 3 . 7 . EXEMPTION. PUBLIC SERVICE EMERGENCY MEASURES.
Projects normally requiring a coastal development permit but
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which are undertaken by a public agency, .public utility or per-
son performing a public service as emergency, measures to pro-
tect 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 acci-
dent are exempt, provided that the Director of Development
Services and the Coastal Commission 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.
989 . 5- 3. 8 . EXEMPTION. ONGOING REPAIR AND MAINTENANCE
BY PUBLIC AGENCIES AND UTILITIES. Ongoing routine repair and
maintenance activities of public agencies and public utilities
(such as railroads) involving shoreline works protecting trans-
portation roadways are exempt .
989 .5,3, 9 , EXEMPTION. LOT LINE ADJUSTMENTS. Lot line
adjustments resulting in no increase in the number 'of lots are
exempt .
989. 5 - 3.10, EXEMPTION, AGRICULTURAL CROPS. Harvesting
of agricultural crops is exempt .
989 . 5. 3- 11, EXEMPTION. LAND DIVISION FOR PUBLIC REC-
REATION. Land division brought about in connection with the
purchase of land by a public agency for public recreational
use is exempt .
989 , 5. 3- 12. CATEGORICAL EXCLUSIONS. GENERAL. Except
when proposed on a beach, wetland, estuary, stream, river or
edge of a coastal bluff., within one hundred (100) feet of such
areas, or any areas defined as "environmentally sensitive habi-
tats" or their buffers by the certified Land Use Plan and so
designated on the Land Use Plan maps., or on slopes greater
than 20 percent , any development , adopted pursuant to California
Public Resources 'Code section 30610(e) shall be exempt from the
requirements of a coastal development permit. A current record
of all permits issued for categorically-excluded developments
shall be available for public and Coastal Commission review and
shall contain the name of the applicant , location and brief de-
scription of the project .
989 . 5 - 3. 13. CATEGORICAL EXCLUSIONS, MINOR DEVELOPMENTS.
The following. minor developments shall be exempt from the re-
quirements of a coastal development permit :
5.
(a) Off-street parking in conformance with applicable
provisions of this code.
(b) Sign permits in conformance with applicable pro-
visions of this code.
(c) Revocation of permits in accordance with appli-
cable provisions of this code.
(d) Temporary use permits in conformance with appli-
cable provisions of this code.
(e) Home occupation permits in conformance with appli-
cable provisions of this code.
(f) Leases .
(g) Entertainment/specific event permits.
(h) Minor variances that do not pertain to heights and
that do not negatively impact coastal access or view corridors .
(i) Street closure permits on streets inland of, and
not including the first public road paralleling the sea.
(j ) Grading which does not involve one hundred (100)
cubic yards or more of material and brush or vegetation removal
other than major vegetation of less than one-half acre of land.
(k) Fences and walls six (6) feet or less in height ex-
cept when such walls or fences will obstruct or otherwise limit
public access to the beach or other facilities to which access
is protected under the Coastal Act .
(1) Installation of irrigation lines .
(m) Buildings or structures, or additions thereto, having
an aggregate value of $1,000 or less.
(n) The addition of a solar-collection system to existing
buildings or structures which complies with provisions of
Huntington Beach Municipal Code Title 17.
989 -5. 3, 14. CATEGORICAL EXCLUSIONS. DISTRICTS IN EX-
CLUSION AREAS. Permitted uses in the following districts
shall not require coastal development permits:
(a) Rl., "Low Density Residential District . "
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(b) R23% "High Density Residential District , "
(c) R3, "Medium-high Density Residential District . "
(d) R4, "High Density Residential District . "
(e) RA, "Residential Agricultural District . "
(f) VSC, "'Visitor-serving Commercial District . "
(g) C4, "Highway Commercial District . "
(h) Downtown Specific Plan Districts No. 2 and 11 .
(i) Old Town Specific Plan Districts No. 1 and 2 .
(j ) Sl, "Shoreline District . "
(k) M1, "Light Industrial District . "
(1) M2, "Industrial District . "
(m) LUD, "Limited Use District. "
989. 5. 3 . 15. CATEGORICAL EXCLUSIONS. MISCELLANEOUS ACTIVI-
TIES. The following miscellaneous activities are included in
the exclusion areas :
(a) Installation testing, placement in service or the re-
placement of any necessary utility connection between an ex-
isting service facility and any development that has previously
been granted a coastal development permit .
(b) Minor accessory structures in conformance with appli-
cable provisions of this code.
(c) Actions listed as ministerial in the California
Environmental Quality Act , including:
(1) Issuance of building permits;
(2) Issuance of building licenses;
(3) Approval of final subdivision maps; and
(4) Approval of individual utility service connec-
tions and disconnections.
(d) Municipal improvement projects of less than $50,000
in cost and only where such projects would not alter vehicular
capacity of public streets or intersections by more than 10 per-
cent (except traffic control devices such as stop signs or lights) ,
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would not alter on or off-street parking that would decrease
the number of spaces, and would not alter circulation patterns
that would impair beach access. I
(e) The construction,, reconstruction demolition, repair,
maintenance, alteration or addition to any single-family dwelling
unit or multiple-family dwelling unit, or accessory structure
which does not require a zoning variance, conditional use permit
or use permit .
(f) The construction, reconstruction, demolition, repair,
maintenance, alteration or addition to any structure employed
for a use listed in the city' s certified Local Coastal Program
on the effective date of certification as a permitted use in
the residential, commercial and industrial districts within
the city' s coastal zone area.
NOTE: This exclusion shall not apply to those de-
velopments or accessory structures which re-
quire a variance, conditional use permit
or use permit . I
(g) Traffic control signing and minor roadway improve-
ments including:
(1) Culvert replacement,
(2 ) Guard rails, retaining walls ,
(3 ) Slope stabilization,
(4) Signs for traffic control and guidance, in-
cluding roadway markings and pavement delineation,
(5) Drainage course maintenance and cleaning in-
volving less than 50 cubic yards of excavation, and
(6) Parking meter installation and repair.
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 meeting thereof held on the 20th
day of August j1984 .
ATTEST:
City Clerk
II
8.
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Administrator City Attorn
t ,(,S-��
INITIATED AND APPROVED:
rector of Development
Services
9.
Ord. No. 2.716
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 6th day of August
1984 , and was again read to said City Council at a regular
meeting thereof held on the 20th day of August , 19g_4_ _, 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, MacAllister, Thomas, Finlpy. Bailpy. Mandic
NOES: Councilmen:
None
ABSENT: Councilmen:
Kelly
City Clerk and ex-officio Clerk ��
of the City Council of the City
of Huntington Beach, California