HomeMy WebLinkAboutOrdinance #2753 ORDINANCE NO. 2753
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING SECTION 969.7.6 THEREOF RELATING
TO PERFORMANCE STANDARDS FOR 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 section 969.7 .E to read as follows:
969. 7.6. PERFORMANCE STANDARDS.-
(A) Before the application can be considered complete, the
project shall comply with the following standards to the
satisfaction of the Director:
(1) All feasible mitigation measures shall be incorporated
into projects to minimize adverse environmental effects.-
(a) If the project involves dredging; mitigation
measures must include the following:
(i ) Dredging and spoils disposal must be planned
and carried out to avoid significant
disruption to wetland habitats and to water
circulation;
(ii ) Limitations may be imposed on the timing of
the operation, the type of operation, the
quantity of dredged material removed, and the
location of the spoils site;
(iii ) Dredge spoils suitable for beach
replenishment shall , where feasible, be
transported to appropriate beaches or into
suitable longshore current systems;
(iv) Other mitigation measures may include opening
up areas to tidal action, removing dikes,
improving tidal flushing, or other
restoration measures.
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(b) If the project involves diking or filling of a
wetland; the following minimum mitigation measures shall apply:
These mitigation measures shall not be required for temporary or
short-term fill or diking if a bond or other evidence of
financial responsibility is provided to assure that restoration
will be accomplished in the shortest feasible time.
(i ) If an appropriate restoration site is
available; the applicant shall submit a
detailed restoration plan to the Director
which includes provisions for purchase and
restoration of an equivalent area of equal or
greater biological productivity; and
dedication of the land to a public agency or
otherwise permanently restricting its use for
open space purposes . The site shall be
purchased before the dike or fill development
may proceed.
(ii ) The applicant may, in some cases, be
permitted to open equivalent areas to tidal
action or provide other sources of surface
water. This method of mitigation is
appropriate if the applicant already owns
filled; diked areas which themselves are not
environmentally-sensitive habitat areas but
may become so if such areas were opened to
tidal action or provided with other sources
of surface water.
(iii ) If no appropriate restoration sites under
options (a) and (b) are available; the
applicant shall pay an in-lieu fee;
determined by the City Council; which shall
be of sufficient value to an appropriate
public agency for the purchase and
restoration of an area of equivalent
productive value or equivalent surface area.
(c) The third option above shall be allowed only if the
applicant is unable to find a willing seller of a potential
restoration site. Since the public agency may also face
difficulties in acquiring appropriate sites; the in-lieu fee
shall reflect the additional costs of acquisition, including
litigation and attorney' s fees; as well as the costs of
restoration, relocation and other costs . If the public agency' s
restoration project is not already approved by the Coastal
2.
Commission; the public agency may need to be a co-applicant for
a coastal development permit to provide adequate assurance that
conditions can be imposed to assure that the purchase of the
mitigation site shall occur prior to the issuance of the
permit. In addition, such restoration shall occur in the same
general region (e.g. , within the same stream, lake, or estuary
where the fill occurred) .
(2) Any areas where vegetation is temporarily removed
shall be replanted with a native or an adaptable species in a
quantity and quality equal to the vegetation removed.
(3) Pedestrian trails , observation platforms and other
incidental structures shall be designed to reduce disturbance of
wildlife and vegetation. Examples of improvements so designed
would be elevated walkways and viewing platforms, and vegetative
and structural barriers to decrease disturbances from permitted
uses and inhibit internal access .
(4) Passive nature study uses shall include a program
to control litter. Examples include litter containers and "no
littering" signs posted in the project area.
(5) Environmentally-sensitive habitat areas shall be
restored and enhanced to lessen the risk of flood damage to
adjacent properties .
(6) Any construction, alteration or other improvement
shall generally be carried out between September 15 and April 15
to avoid disturbing rare, threatened, or endangered . species
which utilize the area for nesting. This requirement shall not
apply if it can be demonstrated to the satisfaction of the
Director that no such disturbance would occur, in which case
construction shall be timed to cause the least disturbance to
wetland dependent species; e.g. , migratory waterfowl and
shorebirds.
(7) Construction/maintenance activities shall be
carried out in areas of minimal size. Preconstruction
topography shall be restored subsequent to the conclusion of the
g q
project unless such topography is to be altered to conform with
an approved restoration project .
(B) The applicant shall demonstrate that the functional
capacity is maintained or augmented through the criteria set out
below unless relieved of any one or more of these requirements
by the California Department of Fish and Game, and that the
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project does not significantly:
(1 ) Alter existing plant and animal populations in a
manner that would impair the long-term stability of the
ecosystem; i .e. ; natural species diversity; abundance and
composition are essentially unchanged as a result of the project ;
(2) Harm or destroy a species or habitat that is rare
or endangered;
(3) Harm a species or habitat that is essential to the
natural biological function of a wetland or estuary;
(4) Reduce consumptive (e.g. ; fishing; aquaculture and
hunting) or nonconsumptive (e.g. ; water quality and research
opportunity) values of a wetland or estuarian ecosystem.
(C) If the proposed project involves restoration of a
degraded wetland; the applicant shall comply with California
Public Resources Code sections 30411 and 30233 to the satis-
action of the Director.
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 4th
day of March 1985.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Admi istrato erector o Devel pment
Services
0429L
RCS:ahb
12/17/84
2/4/85
4.
Ord. No. 2753
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
I, Alicia M. Wentworth CITY CLERK of the City of
Huntington Beach and ex•officio Clerk of the City
Council, do hereby certity that a synopsis of this
ordinance has been published in the Huntington
Beach Independent on
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In accordance With the City Charter of said City.
ALICIA M. WENTWORTH
..... ................................................................
City Clerk
'? Dep" City perk