HomeMy WebLinkAboutOrdinance #2858 ORDINANCE NO. 2858
AN ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY REPEALING ARTICLE 933
AND ADDING THERETO NEW ARTICLE 963,
ENTITLED "UNCLASSIFIED USES"
The City Council of the City of Huntington Beach does ordain
as follows:
SECTION 1. Article 933 of the Huntington Beach Ordinance
Code is hereby repealed.
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by adding thereto new Article 963 to read as follows:
9630 PERMITTED USES. The following list includes uses
that possess characteristics of such unique and special form as to
make impractical their automatic inclusion as a permitted use in
any district. The location and operation of such uses shall be
subject to approval of a conditional use permit by the Planning
Commission and any additional provisions included herein. Uses
marked with an asterisk shall not be permitted in any residential
district.
A. *Airports and heliports
C. Churches
Colleges, private schools, elementary and secondary
public schools
(Minimum 10% of parking area shall be landscaped for the
above uses. )
*Contractor ' s storage yards pursuant to Section 9631
*Convalescent hospitals and sanitoriums
*Commercial recreation and amusement enterprises,
including bowling alleys and skating rinks
D. Day care centers for more than six children subject to
the following provisions:
(1) Seventy five sq. ft. of outdoor play area per child;
minimum 500 sq. ft. Thirty five sq.ft. of indoor
play area per child. Outdoor play area shall be
landscaped and enclosed by a six foot high masonry
wall. Any gate entry shall be securely fastened.
(2) Minimum 10% of parking area shall be landscaped
where applicable.
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G. *Golf driving ranges; miniature golf courses
H. *Health clubs over 2,500 sq.ft.
Horticulture
Hospitals
K. *Kennels, animal hospitals or clinics
M. *Mulching operations pursuant to Section 9631
Museums
0. *Open air or drive-in theaters
P. Parking lots
*Post offices
*Private clubs and lodges
Private recreation areas or other uses for exclusive
use of homeowners
Public utility substations of less than one acre,
excluding switchyards
R. *Radio or television transmitters (commercial)
*Recreational vehicle parks subject to locational
criteria adopted by resolution
*Rest homes
Retail nurseries (do not require conditional use permit
if in a commercial district)
Rooming or boarding houses, except in low density
residential districts
T. *Transportation terminals
U. Utility facilities, public or private, including but not
limited to waste-water treatment plants, power
generating plants, and pump stations
W. Wind energy conversion systems pursuant to Section 9333
9631 CONTRACTOR' S STORAGE YARDS/MULCHING OPERATIONS.
Contractor ' s storage yards in conjunction with public facility
improvement contracts and mulching operations on unimproved public
or private property, may be permitted subject to the approval of a
conditional use permit by the Planning Commission:
(a) Initial approval shall be for a maximum of two ( 2 )
years . The use shall be eligible for a maximum of three one year
extensions by the Planning Commission.
(b) The development shall comply with parking, access and
setback requirements contained in Article 960.
9632 LANDFILL DISPOSAL SITES. Excavation of landfills
or land disposal sites shall be subject to the approval of a
conditional use permit by the Planning Commission, except in the
S1 District, subject to the requirements of this article. These
provisions are not intended to apply to grading and surcharging
operations permitted under Appendix Chapter 70 of the Uniform
Building Code. Permits for grading on previously approved
development projects shall be subject to approval of the Director .
CA 86-18 2.
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9632.1 LAND DISPOSAL SITE/DEFINITIONS. The following
words and phrases shall be construed as defined herein unless a
different meaning is apparent from the context:
(a) Excavation. Any activity and/or movement of material
which exposes waste to the atmosphere.
(b) Land disposal site. Any site where land disposal of
Group I , II or III waste, as defined by the California
Administrative Code, has been deposited either legally or
illegally on or into the land, including but not limited to
landfill, surface impoundment, waste piles, land spreading, sumps,
and coburial with municipal refuse.
9632 .2 OPERATIONS PLAN.
(a) No person shall conduct any excavation activity at any
land disposal site in the City of Huntington Beach without first
submitting to the City an operations plan, approved by the
Director . Such plan shall include complete information regarding
the identity, quantity and characteristics of the material being
excavated, including a chemical analysis performed by a
laboratory, acceptable to the City, together with the mitigation
measures that will be used to insure that health hazards, safety
hazards, or nuisances do not result from such activity.
(b) Mitigation measures contained in the operations plan may
include gas collection and disposal of waste, encapsulation,
covering waste, chemical neutralization, or any other measures
deemed necessary by the City.
(c) Ambient air quality monitoring, as well as other
monitoring or testing deemed reasonably necessary, shall be
included in the operations plan.
9632 .3 APPROVAL OF OPERATIONS PLAN.
(a) The City shall not approve an operations plan unless
such plan includes provisions for the immediate cessation of
excavation activity when the operator, or any agent thereof, of a
land disposal site has been notified by the City that a nuisance,
health or safety hazard has or is about to occur as a result of
such activity therein.
(b) Upon determination by any government agency that a
nuisance, safety or health problem exists on any land disposal
site in the City, mitigation measures, contained in the operations
plan, shall be implemented immediately.
9632.4 HAZARDOUS WASTE SITES. For any land disposal site
determi en d to be a hazardous waste site by the State Department of
Health Services and/or the City of Huntington Beach, the following
additional measures shall be taken prior to excavation of such
site:
CA 86-18 3 .
(a) All property owners within a one-half mile radius of the
site shall receive written notice of all public hearings to be
held regarding proposed excavation on the site. The cost of
preparing and mailing such notice shall be paid by the
operator/applicant.
(b) A type of bond, acceptable to the City Attorney, shall
be posted by the operator/applicant insuring that necessary funds
are available to restore the site to a safe condition if
excavation is prematurely terminated.
(c) Excavation of the site shall be performed in accordance
with the requirements of the State Department of Health Services,
and any other public agency with jurisdiction over hazardous waste
sites .
9632.5 OPERATIONS PLAN. The operations plan shall contain
the following:
(a) A plan establishing lines of authority and
responsibility between public agencies and the operator/applicant,
or his agents, during excavation. The plan shall contain specific
procedures to be followed by all responsible parties involved with
the excavation.
(b) A plan containing specific measures to monitor air
quality to be implemented during excavation to prevent the
exposure of on-site workers or area residents to unhealthful
vapors from the site. If deemed necessary by the State Department
of Health Services, the plan shall also include specific measures
for evacuation of residents in the vicinity of the site.
(c) A plan showing specific routes for vehicles transporting
hazardous wastes from the site.
(d) A plan containing specific steps for restoration of the
site to a safe condition if excavation is terminated prematurely.
9632.6 EXEMPTIONS. The following activities shall be
exempt from the requirements of this article unless otherwise
determined by the Director:
(a) The drilling of holes up to twenty-four (24) inches in
diameter for telephone or power transmission poles or their
footings.
(b) The drilling of oil wells, gas wells or landfill gas
collection wells or the maintenance of gas or leachate collection
systems .
(c) The City may exempt from the requirements of this
article any excavation activity which has been determined to pose
an insignificant risk, or any activity which has been covered
sufficiently in a plan prepared for any other agency having
jurisdiction over the site.
CA 86-18 4.
9632.7 EXCAVATION ACTIVITY PROHIBITED.
(a) No person shall excavate at any land disposal site in
the City of Huntington Beach unless he or she first certifies that
all applicable regulations of other public agencies with
jurisdiction over hazardous waste sites have been met.
(b) Compliance with the provisions of this article shall not
exempt any person from failing to comply with the requirements of
the California Health and Safety Code, and any other applicable
codes, rules or regulations.
9633 WIND ENERGY CONVERSION SYSTEMS. Wind energy
conversion systems shall be subject to the following requirements :
(a) Wind energy conversion systems (WECS) shall be located
within the rear two-thirds (2/3) of a lot and shall comply with
any setback requirements in the base district. WECS within
residential districts shall be designed and engineered to
eliminate guy wires, shall have a base a maximum of four square
feet in area, and shall not encroach into required open space.
For WECS within a commercial or industrial district, the minimum
rear yard setback shall be twenty (20) feet if adjacent to
residentially zoned property. The design of any WECS shall not
create noise, strobing effect, or similar nuisances that may be
detrimental to the immediate area. If the Director determines
that a nuisance will be created, he shall designate in writing
steps or procedures that must be taken by the property owner or
operator to abate the potential nuisance.
(b) The height of the highest point of the WECS shall not
exceed sixty (60) feet from adjacent grade. The lowest portion of
the blades shall be no less than fifteen (15) feet from grade.
(c) Each WECS shall be equipped with both manual and
automatic controls to limit the rotational speed of the blade
within the design limits of the rotor . The application must
include a statement by a California-registered professional
engineer (subject to approval by the Director) certifying that the
rotor and overspeed controls have been designed and fabricated for
the proposed use in accordance with good engineering practices.
The engineer should certify the structural compatibility of the
proposed tower and the rotors.
(d) The WECS shall be operated such that no disruptive
electromagnetic interference is caused. If the Director
determines that the system is causing harmful interference, the
operator shall promptly mitigate the harmful interference upon
written notification, to the satisfaction of the Director.
(e) For WECS which will be interconnected to a utility grid,
no wind turbine shall be installed until the utility company has
approved such installation in writing. A copy of such approval
shall be submitted to the Director prior to installation of the
wind turbine. The utility company shall be notified of the
installation of any WECS whether or not the property owner or
operator intends to connect the system to a utility grid.
CA 86-18 5.
( f) If _a WECS is not maintained in operational condition and
poses a potential safety hazard (as determined by the Director) ,
the owner or operator shall take expeditious action to remedy the
situation. The City may summarily abate any such hazardous
situation and pass the cost of such abatement on to the owner or
operator of the system. If the City determines that the system
has been abandoned and poses a safety hazard, such system shall be
removed by the owner or operator of the system within thirty (30)
days of receipt of written notice.
(g) The permittee shall submit an annual statement by a
California-registered engineer, stating that the system, including
base and blades, is in sound working condition and does not pose a
hazard to the public health, safety or welfare.
(h) The Planning Commission may impose further requirements
as deemed necessary due to special or unusual circumstances of the
location or proposed installation.
SECTION 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Huntington Beach hereby declares that it
would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, or portions thereof, and amendments
thereto, irrespective of the fact that any one or more sections,
subsections , sentences, clauses, phrases or portions, or
amendments are declared invalid or unconstitutional.
SECTION 4. Neither the adoption of this ordinance nor the
repeal of any ordinance shall in any manner affect the prosecution
for violation of ordinances which violations were committed prior
to the effective date hereof, nor be construed as affecting any of
the provisions of such ordinance relating to the collection of any
license or penalty of the penal provisions applicable to any
CA 86-18 6.
violation thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof, required to be posted, filed or deposited
pursuant to any ordinance and all rights and obligations
thereunder appertaining shall continue in full force and effect.
SECTION 5. 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 August 1986.
Y i •
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk z/ _kG City Attorney 7117
REVIEWED AND APPROVED: INITIATED AND APPROVED
City Administr or/ D recto of Development
�Js of
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CA 86-18 7.
Ord. No. 2858
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 21st day of July
19 86 , and was again read to said City Council at a regular
meeting thereof held on the 18th day of August 19 86 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
MacAllsiter, Finley, Mandic, Bailey, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
Kelly
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1. ANda M. Wentworth CITY CLERK of the City of
Hunti(Won Beach and ex-officio Clerk of the City
COundt.dO hereby certity that a Synopsis of this
Ordinarme kirks been published in the Huntington
t3 v0% kRdeaepdent on
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in ac(�Aa`e w,cz vrith t►ta City Cha:.er of said i.y.
,I1LICIA M. WENTWQRTW
M M� City Clerk
.
DWAY City clerk