HomeMy WebLinkAboutOrdinance #2751 ORDINANCE NO. 275.1
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING SECTIONS 969.9.4 THROUGH 969.9.8;
BY AMENDING SECTION 969.9.0; AND ADDING
THERETO NEW SECTIONS 969.9.4, 969.9.5,
969.9. 5. 1 THROUGH 969.9.5.5, AND 969.9.E
THROUGH 969.9.291, ALL RELATING TO THE COASTAL
ZONE SUFFIX
The City Council of the City of Huntington Beach does ordain
as follows:
SECTION 1. Sections 9E9.9.4 through 969.9.8 of the
Huntington Beach Ordinance Code are hereby repealed.
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by amending section 969.9.0 to read as follows:
969.9.0. PURPOSE. The purpose of the coastal zone suffix
(CZ) is to provide supplementary regulations and specified per-
mitted uses for those areas in the city of Huntington Beach
which lie within the coastal zone as it now exists or may here-
inafter 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.-
SECTION 2. The Huntington Beach Ordinance Code is hereby
amended by adding thereto new sections 969.9.4, 969.9.511-
969.9.5. 1 through 969.5 .4, and 969.9.E through 969.9.29 to read
as follows:
969.9.4. COASTAL DEVELOPMENT PERMIT. Any district bear-
ing the CZ suffix shall be subject to the provisions contained
in the "Coastal Development Permit" of the Huntington Beach
Ordinance Code.
1.
969.9 .5. PUBLIC ACCESS TO COASTAL RESOURCES. Dedications
of public access to coastal resources shall be required within
the CZ District as a condition of development prior to issuance
of a permit, as set out in this article.
969.9. 5.1. DEDICATION OF VERTICAL ACCESS. An offer of
dedication of an easement shall be required 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 access
dedication shall not be required when:
(a) Adequate access exists nearby or is proposed by the land
use plan within one thousand ( 1000) feet; or
(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 adequacy of
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) -(d) , shall not apply to the Pacific
Electric right-of-way.
969.9. 5. 2. DEDICATION OF LATERAL ACCESS. An offer of
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 public trails and
bikeways except when:
(a) Findings are made under California Public Resources Code
section 30212 that access is inconsistent with public safety,
military security needs, or that agriculture would be adversely
affected; or
2.
(b) Access at the site would significantly degrade
environmentally sensitive habitat areas; or
(c) 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 a privacy buffer ;
Exceptions set out in subsections (b) and (c) shall not apply
to the Pacific Electric right-of-way.
969.9. 5. 3 . ACCESS DEDICATION POLICIES. The following
policies shall be applicable to access dedications:
(a) Access will not be required on existing developed
residential parcels which do not front a sandy beach, which have
bulkheads 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 .
(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 prescriptive use or legislative authorization.
(c) The city may accept offers of dedication for access
consistent with its ability to assume maintenance and liability.
If not accepted by the city, offers of dedication of access may
be accepted by any other public agency or private association,
provided that such other agency or association shall be able to
assume maintenance and operation of the accessway prior to
opening it to the public .
969.9.5.4. EASEMENT FOR PUBLIC ACCESS REQUIRED. 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 and the City Attorney, for an easement for
public access and passive recreation to and along the shoreline
as required by this article. 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
twenty-five (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 (10) feet inland from the
daily high water line. In addition to the ten (10) foot
3.
easement, new development on vacant parcels shall provide a
fifteen ( 15) foot structural setback of all buildings ( including
attached stairways, balconies, etc. ) . Such fifteen ( 15) foot
setback shall remain free of all structures except for accessory
structures such as patios, pools, landscaping and open fences.-
These structures may be located on fill no more than thirty ( 30)
inches above the grade of the adjacent public access. On an RI
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 extending
from the property line to the mean high tide line. The
easements shall be recorded free of prior liens except for tax
liens, which shall remain the liability of the owner of the fee,
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
landowner. The offer of dedication shall be irrevocable for a
period of twenty-one (21) years, such period running from the
date of recordation.
969.9. 5. 5. PUBLIC USE AREAS. SIGNS REQUIRED. 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 signs
identifying the public access and public use areas subject to
all other provisions of this district.
969.9.6. VISUAL RESOURCES. (a) An applicant proposing new
development shall provide the Director with an evaluation of the
project ' s visual impact, and incorporate in its design, to the
satisfaction of the Director, the following elements:
( 1) Preservation of public views to and from the
bluffs, to the shoreline and ocean, and to the wetlands.
(2) Conservation of energy and facilitation of public
transit through design and location.
(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 land form of the
bluffs seaward of Pacific Coast Highway. Alterations necessary
4.
for development of public trails and stabilization of bluffs may
be permitted subject to city approval.
( 2) Development along the bluffs rising to the Bolsa
Chica mesa which will alter the natural land form or threaten
the stability of the bluffs.
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. ) can be
provided to serve the proposed development consistent with
policies contained in the certified land use plan at the time of
occupancy.
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
the provisions contained in sections 969.7. 1, 969.7.5, 969. 7.6,
969.7. 7 of Article 969.71- "Coastal Conservation District. "
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 Special Studies Zones Act
(California Public Resources Code Chapter 7.5) for identified
seismic hazards.
(b) Comply with all provisions relating to the "Floodplain
District" contained in this code.
969.9. 10. BUFFER REQUIREMENTS. As a condition of
development adjacent to environmentally-sensitive habitats,
buffers shall be required as follows:
(a) A minimum one hundred ( 100) foot buffer from the
landward edge of the habitat within the development area. If
the existing development or site configuration cannot
accommodate a one hundred (100) foot buffer, then the buffer
shall be established pursuant to subsection (c) hereof and shall
be reviewed by the California Department of Fish and Game.
(b) In cases of high-intensity development , a wider buffer
may be required as set out in subsection (c) hereof.
(c) Buffers shall be established according to the following
standards:
5.
(1) Biological Significance` of_,Adjacent
__Lands. The
buffer should be sufficiently wide to protect the tuncEional
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 the presence of human beings.
(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; vegetation; slope and runoff
characteristics; and impervious surface coverage.
(4) Use of Existing Cultural Features - to Locate Buffer
Zones. Where feasible, development should be located on the
sides of roads; dikes; irrigation canals; flood control
channels; etc. away from environmentally-sensitive habitat areas.
969.9.11. ENERGY. All new development shall comply with
Chapters 15.22; "Screening and Landscaping" and Chapter 15024;
"Cleanup and Maintenance" of the Huntington Beach Municipal
Code; and such chapters shall be certified as part of the Local
Coastal Program implementation. New; modified or expanded
energy facilities shall comply with the following:
(a) Oil operations shall be located where there are no
other feasible locations which are less environmentally damaging
or less disruptive to 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; and
(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 habitats; bluffs, streams, and marine
resources .
6.
(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.
(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) Location and design of the site is consistent with
other provisions of this "CZ" district and other applicable
districts.
969.9.12. RESIDENTIAL DENSITY LIMITATIONS. Areas
designated in the coastal element for residential development
shall conform to 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.
7.
(d) High Density: may be developed at a density not to
exceed thirty- ive 5) dwelling units per gross acre of land.
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 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 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. 14. PARKING REQUIREMENTS. If any existing oceanside
or onstreet parking is removed, it shall be replaced on a
onefor-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.
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 contained 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 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 premises which causes glare or reflection that may
constitute a traffic hazard or nuisance.
8.
(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 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 20 percent 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 available on the premises.
(i ) No sign shall be displayed which has mechanical
movement of any kind including but not limited to, rotating;
revolving, moving, gyrating, or animated parts:
( j ) Billboards, off-site advertising signs, and other signs
which give direction to or identify a use or product not sold or
offered at the location of the sign are prohibited:
(k) Subject to the requirements of California Business --and
Professions Code section 5412:11, all existing billboards in
residentially planned and zoned areas shall be removed:
969:9 - 16 ' PERMITTED USES FOR LAND USE DESIGNATIONS:
Notwithstanding any provisions of the base district, parcels
bearing the CZ suffix shall be limited to the uses contained in
this article for each land use designation:
969:9:17: RECREATION DESIGNATION: The following uses shall
be permitted (excluding the beaches oceanward of Pacific Coast
Highway) :
(a) Beaches, parking lots, concessions, campgrounds, parks,
picnic grounds, golf courses , racquet, boating and swimming
clubs, athletic fields, stables, bicycle and other recreational
rentals, arboretums , archery ranges, bird sanctuaries,
recreation centers, and visual art festival grounds:
(b) Marinas and marine-related facilities such as launching
9 :
ramps and fueling docks are permitted as conditional uses.
(c) The permitted uses for recreation areas adjacent to the
Huntington Beach mesa shall be limited to low-intensity uses
including picnic grounds , arboretums, bird sanctuaries; trails.-
High-intensity uses such as public or private tennis courts,
athletic fields, stables, campgrounds or other commercial
recreation shall be conditional only, and shall be located in
nodes adjacent to existing developed areas and roads and to
avoid sensitive habitats .
(d) Uses within the recreation designation on the Bolsa
Chica bluffs shall be limited to low-intensity uses . Major
recreational facilities are prohibited. Existing mature stands
of eucalyptus trees shall be preserved. Adjacent development
shall conform to buffer standards.
969.9.18. DEVELOPMENT STANDARDS. RECREATION DISTRICT; In
addition to other provisions of this district, the following
development standards shall apply:
(a) Minimum parcel or building site: none.
(b) Maximum height of structures: 35 feet.
969.9. 19. GENERAL INDUSTRIAL DISTRICT. PERMITTED USES.-
Uses permitted in a general industrial district are: light
manufacturing, assembly, packaging, electronics, wholesale
distribution, machine shops, warehousing, storage, dry boat
storage, administrative offices and service uses.
969.9.20. RESOURCE PRODUCTION DISTRICT. PERMITTED USES.-
Uses permitted in a resource production district are: oil
wells, injection equipment, separation and treatment facilities,
storage tanks, transmission lines, equipment storage maintenance
yards, and administrative offices associated with oil operations:
969.9. 21 . GENERAL COMMERCIAL DISTRICT. PERMITTED USES.-
Uses permitted in a general commercial district are:
convenience, neighborhood and community-oriented retail and
business uses.
969.9.22. PUBLIC, QUASI PUBLIC AND INSTITUTIONAL DISTRICT.
PERMITTED USES. Uses permitted in a public, quasi public and
institutional district are:
(a) Government facilities, schools, colleges, libraries,
police and fire stations and training facilities, churches,
utilities, and sanitation plants .
10.
(b) A conditonal use permit is required for development on
the mud dump site, located southwest of Magnolia Street and
Hamilton Avenue. Prior to approval of an application for such
development , the applicant shall submit a characterization
analysis. If the analysis indicates contamination with harmful
deposits , the applicant shall provide for cleanup of the site
prior to issuance of any permit.
969 .9.23. RESIDENTIAL LOW, MEDIUM AND HIGH-DENSITY
DISTRICTS. PERMITTED USES. Uses permitted in residential low,
medium and high-density districts are as follows;
(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, and single-family residences.
(d) Structures customarily incidental to and accessory to a
residential unit.
(e) Schools, parks, recreation areas, churches, fire
stations , utility substations, day care centers, convenience
commercial centers by special permit .
969.9.24. PLANNED RESIDENTIAL DEVELOPMENTS. CONDITIONAL
USES. Planned residential developments shall require a
conditional use permit.
969.9. 25. MOBILEHOME DISTRICTS. PERMITTED USES. Mobile-
home parks, and uses incidental to and normally found in
conjunction with mobilehomes and mobilehome parks shall be
permitted.
969.9.26. DISTRICTS WITH OIL SUFFIXES. PERMITTED USES.-
Petroleum extraction equipment, storage tanks , and
transportation pipelines shall be permitted uses in districts
where oil production is combined with other uses.
969.9.28. FLOOD PLAIN DISTRICTS (-FP11 -FP2) . In areas
identified as wetlands, the uses listed for a coastal
conservation district shall take precedence over permitted and
conditional uses listed for a floodplain district.
969.9.29. CONDITIONAL USE PERMIT REQUIRED--ANY DISTRICT.-
Pipelines in any district shall require a conditional use permit.-
SECTION 4. This ordinance shall take effect thirty days
11 .
after its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 4th
day of March 1985.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
� .
City Admi i trator ector of evel pment
Services
RCS:ahb
1/25/85
0117K
12.
Ord. No. 2751
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 19th day of February
19 85 , and was again read to said City Council at a regular
meeting thereof held on the 4th day of March 19 85 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Kelly, Mandic, Bailey, Finley, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
MacAllister
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wentworth CITY CLERK of the City of
Huntington 9each and ex-officlo Clerk of the City
Council, do hereby certity that a syncpsis of this
ordinance has teen published in the UuaUfetbn
t on
'i.. . .. �..5 .....
In accordance�1 City Chaticr 1Yk'�l'f1NVRTH (z ::a:d City.
...................................... ............................
City Clark
Deputy City Clerk