HomeMy WebLinkAboutOrdinance #2862 ORDINANCE NO. 2862
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
REPEALING ARTICLES 965, 969, 969.5, 969.7 AND
969.8 AND ADDING THERETO NEW ARTICLE 941, "LIMITED
USE DISTRICT, RECREATIONAL OPEN SPACE DISTRICT" ,
AND ARTICLE 942, "SHORELINE DISTRICT, WATER
RECREATION DISTRICT, COASTAL CONSERVATION DISTRICT"
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1 . Articles 965, 969, 969.5, 969.7 and 969.8 of the
Huntington Beach Ordinance Code are hereby repealed.
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by adding hereto new Article 941 and Article 942 to read
as follows :
9410 GENERAL PROVISIONS. The provisions contained in
this article apply to the Limited Use (LU) and Recreational Open
Space (ROS) districts.
The LU District is a transitional zoning which limits development
activity in order to allow time for resolving further planning,
zoning and/or environmental issues. Property zoned LU shall not
be subdivided for residential, commercial or industrial uses.
The ROS District is designed to provide a zone for private or
public recreational facilities which consist primarily of open
landscaped areas -with some minor incidental structures. This
article is to encourage the development of such open space uses in
harmony with the natural environment and to emphasize the
conservation of resources and scenery.
9411 PERMITTED USES - LIMITED USE. The following uses
are permitted within the LU District:
A. Apiaries
B. Bird sanctuaries
Boating
F. Farming or grazing
Field crops
Fishing ponds
CA 86-17 1 .
G. Greenhouses
O. Orchards or groves
P. Picnic grounds
R. Riding or hiking trails
W. Water skiing
9412 PERMITTED USES - RECREATIONAL OPEN SPACE.
(a) Use Permit. The following uses are permitted within the
ROS District subject to approval of a use permit by the Board of
Zoning Adjustments:
A. Arboretum
Archery range
Athletic fields including, but not limited to, polo,
baseball, football, soccer and lawn bowling
B. Bird sanctuary, aviary and farm
Boating
F. - Fishing ponds
G. Golf courses, including country clubs, pro shops,
3-par courses, including pitch and putt
P. Picnic grounds
R. Racquet and tennis clubs
Recreation centers
S. Swimming pools and clubs
V. Visual art festival grounds
W. Water skiing
(b) Conditional Use Permit. The following uses are
permitted within the ROS District subject to the approval of a
conditional use permit by the Planning Commission.
H. Horse stables pursuant to the development
provisions of Article 967.
R. Recreational uses of a similar nature as those
permitted under (a) but not specifically listed
Z. Zoos
CA 86-17 2 .
1113 MINIMUM PARCEL SIZE/FRONTAGE.
District Minimum Lot Size Minimum Frontage
LU 10 acres None
ROS 5 acres 100 feet
9414 MAXIMUM BUILDING HEIGHT. Maximum building height
shall be as follows :
LU 25 feet
ROS 45 feet, except any structure within 50 feet
of residentially zoned property shall be a
maximum of 15 feet
9415 MAXIMUM SITE COVERAGE. Maximum site coverage for
the LU District shall be 10 percent. Maximum coverage for the ROS
District shall be 25 percent.
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9416 SETBACKS. The minimum setbacks indicated are for
all structures and all parking areas. All setback areas along
street frontages shall be fully landscaped.
Interior Exterior
Front Side Side Rear
LU 50 25 50 25
ROS 25 25 25 25
Exception : Apiaries permitted within the LU District shall
maintain a minimum setback of 1, 000 feet from any inhabited area.
9417 FENCING. Fencing shall comply with the standards
in Article 977.
9418 PARKING AND LANDSCAPING. All developments shall be
required to comply with the requirements in Article 960, except
all setbacks shall be maintained as stated in this article.
9419 SIGNS. All Signs shall comply with the
requirements of Article 961.
9420 GENERAL PROVISIONS - SHORELINE DISTRICT. The
purpose of the S1 District is to implement the General Plan land
use designation of Open Space-Recreation; preserve, protect and
enhance the existing and future recreation potential of the sandy
beach area within the coastal zone; preserve as much of the dry
sandy beach as possible; provide for a limited amount of
facilities for beach users ; encourage reasonable public access
from Pacific Coast Highway to the beach area; and preserve
existing views from Pacific Coast Highway to the ocean.
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CA 86-17 3.
9420. 1 PERMITTED USES . The following uses shall be
permitted in the "S1" District, subject to architectural and
landscape plan approval by the Design Review Board.
A. Access facilities
B. Basketball courts
Beach concession stands for sale of refreshments and
beach-related sundries ( not to exceed 2, 500 sq. ft. )
Boat loading/unloading areas for non-motorized boats
less than 20 feet in length
F . Fencing
Fire rings
L. Lifeguard towers, and other structures necessary for
health and safety
P. Paddle ball courts
Parking lots provided they would not result in the loss
of recreational sand area. Tiered parking is
permitted on existing lots seaward of Pacific Coast
Highway provided the parking is designed so that
the tops of the structures, including walls, are
located a minimum of one foot below the maximum
height of the adjacent bluff.
Park offices
Picnic tables
Picnic shelters
Playground facilities
Public restrooms
Public dressing rooms
Public showers
R. Recreational vehicle overnight parking ( not to exceed ten
percent ( 10%) of the available public parking spaces)
S. Shoreline construction that may alter natural shoreline
processes, such as groins, cliff retaining walls,
pipelines, outfalls, when required to serve coastal-
dependent uses or to protect existing structures or
public beaches in danger from erosion and that are
designed to eliminate or mitigate adverse impacts on
local shoreline sand supply.
T. Trails (bicycle or jogging) and support facilities
V. Volleyball net supports
9420. 2 MAXIMUM HEIGHT. Maximum height shall be twenty
( 20) feet except for lifeguard towers or other facilities
necessary for public safety.
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CA 86-17 4.
9420. 3 PARKING. Parking shall not be required for new
structures unless such construction displaces existing parking.
Displaced parking shall be replaced on a one-for-one basis in an
area that would not result in the loss of recreational sand.
Parking shall comply with the standards outlined in Article 960.
9420. 4 LOCATION REQUIREMENTS.
( a) Concession buildings shall be located a minimum of 1, 000
feet apart.
( b) Beach concession stands, boat loading/unloading areas,
park offices, public restrooms, dressing rooms and showers shall
be located within or immediately adjacent to paved parking or
access areas.
9420. 5 SIGNS. Non-illuminated generic information or
identification signs shall be permitted subject to approval by the
Design Review Board.
9421 GENERAL PROVISIONS - WATER RECREATION DISTRICT.
The purpose of the WR District is to implement the General Plan
land use designation of Open Space-Water ; and to provide for the
preservation and enhancement of the existing and future recreation
potential of tide and submerged lands in keeping with the
Huntington Beach Coastal Element and the public trust provisions
for commerce, navigation and fisheries. All other applicable
city, county, state and federal regulations shall be met prior to
engaging in any activity within this district.
9421 . 1 PERMITTED USES.
( a) The following uses shall be permitted :
B. Beaches
P. Private boat ramps, slips, docks, cantilevered
decks, windscreens and boat hoists in conjunction
with adjacent single-family dwelling.
Public boat ramps and piers.
(b) Conditional Use Permit. The following public and
semi-public uses shall be permitted subject to the approval of a
conditional use permit by the Planning Commission.
B. Boat-related activity
Boat slips
D. Docks
M. Marine fueling docks
S. Sight-seeing vessels
Sport fishing
W. Water-taxi service
CA 86-17 5.
9421 . 2 DEVELOPMENT STANDARDS.
( a) No use shall be sited or designed so as to obstruct
public access to any sandy beach or public use area.
( b) No deck or structure shall extend more than five ( 5)
feet over or in front of any bulkhead in any channel except for a
landing or brow for access to a gangway for a dock. No structure
shall extend beyond the bulkhead in an area identified as
environmentally sensitive such as, but not limited to, eelgrass
beds and mudflats.
9422 GENERAL PROVISIONS - COASTAL CONSERVATION
DISTRICT. The purpose of the CC District is to implement the
General Plan land use designation of Open Space-Conservation; and
provide for the protection, maintenance, restoration and
enhancement of wetlands and environmentally sensitive habitat
areas located within the Coastal Zone while permitting appropriate
land uses.
9422. 1 PERMITTED USES. Uses listed below shall only be
permitted where there is no feasible, less
environmentally-damaging alternative and where feasible mitigation
measures have been provided.
( a) Use Permit. The following uses shall be permitted in
the CC District subject to approval of a use permit by the Board
of Zoning Adjustments.
( 1) Incidental public service projects such as, but not
limited to, burying cables and pipes.
( 2) Maintenance of existing streets and utility
structures.
(b) Conditional Use Permit. The following uses may be
permitted in the CC District subject to approval of a conditional
use permit by the Planning Commission.
( 1) New or expanded energy and coastal-dependent
industrial facilities.
( 2) Diking, dredging and filling necessary for the
protection, maintenance, restoration or enhancement
of the area' s functional capacity as a habitat.
( 3 ) Maintenance of existing flood control facilities
where the primary purpose is to maintain existing
flood control capacity and where such maintenance
is necessary for public safety or to protect
existing development in the flood plain. No
maintenance activities shall be permitted which
F have the effect of draining wetlands. Such
maintenance activities may include ; Maintenance
CA 86-17 6.
dredging of less than 100, 000 cubic yards within a
12 month period; lining of existing in-place
artificial channels ; increasing the height of
existing levees; changes in the cross-section of
the interior channel to accommodate the design
capacity of existing channels when no widening of
the top dimensions or widening of the outer levee
is required.
( 4) New flood control facilities in conjunction with
restoration plans where necessary for public safety
and to protect existing development in the flood
plain.
( 5) Mineral extraction, including sand for beach
restoration, except in environmentally-sensitive
areas.
( 6) Pedestrian trails and observation platforms for
passive nature study, including bird watching and
the study of flora and fauna. Such uses may be
located within an environmentally sensitive habitat
area provided that they are immediately adjacent to
the area' s peripheral edge.
( 7) Maintenance of existing, or restoration of
previously dredged depths of navigational channels,
turning basins, vessel berthing and mooring areas,
and boat launching ramps.
( 8) Entrance channels for new or expanded boating
facilities in a wetland area may be permitted. In
a degraded wetland ( identified by the Department of
Fish and Game pursuant to subdivision ( b) of
Section 30411) , such facilities may be permitted if
a substantial portion of the degraded wetland is
restored and maintained as a biologically
productive wetland. The maximum area of the
wetland used for boating facilities, including
berthing space, turning basins, necessary
navigation channels, and any necessary support
service facilities, shall be 25 percent of the
total degraded wetland area.
( 9) Nature study, aquaculture, or similar
resource-dependent activities.
9422. 2 PROHIBITED USES. Any use on structure not
expressly permitted shall be prohibited.
9422. 3 REQUIRED PERMITS AND AGREEMENTS. Before any
application is accepted for processing, proof shall be provided
that the following state and federal regulatory permits/agreements
have been obtained, or a statement from the regulatory body that
such permits are inapplicable shall be submitted.
United States Army Corps of Engineers, S. 404 and S. 10
permits
CA 86-17 7.
California Department of Fish and Game, 1601-1603 agreement
State Water Resource Control Board (permit depends on the
operation)
Regional Water Quality Control Board (permit depends on the
operation)
California State Lands Commission permit, if applicable
9422 . 4 DEVELOPMENT STANDARDS. Before any application is
accepted for processing, the applicant shall comply with the
following standards :
( a) All feasible mitigation measures shall be incorporated
into the project design to minimize adverse environmental effects.
(b) If the project involves any dredging, mitigation
measures shall include the following :
( 1) Dredging and spoils disposal shall be planned and
carried out to avoid significant disruption to
wetland habitats and to water circulation.
( 2) 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
spoil site.
( 3 ) Dredge spoils suitable for beach replenishment
shall, where feasible, be transported to
appropriate beaches or into suitable longshore
current systems.
( 4) Other mitigation measures may include opening up
areas to tidal action, removing dikes, improving
tidal flushing, or other restoration measures.
(c) 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.
( 1) 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 proceeds.
CA 86-17 8.
( 2) 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 opened to tidal action or provided
with other sources of surface water.
( 3 ) 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. This option
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 cost of restoration,
relocation and other costs. If the public agency' s
restoration project is not already approved by the
Coastal 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.
( d) 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.
( e) 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.
( f ) Passive nature study uses shall include a program to
control litter, such as adequate numbers of litter containers and
posted signs.
(g) Environmentally-sensitive habitat areas shall be
restored and enhanced to lessen the risk of flood damage to
adjacent properties.
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CA 86-17 9.
( h) 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 ;
such as migratory waterfowl and shorebirds.
( i) Construction/maintenance activities shall be carried out
in areas of minimal size. Preconstruction topography shall be
restored prior to the completion of the project unless such
topography is to be altered to conform with an approved
restoration project.
( j ) The applicant shall demonstrate that the functional
capacity is maintained or augmented unless relieved of any one or
more of these requirements by the California Department of Fish
and Game, and that the 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 (fishing, aquaculture and
hunting) or nonconsumptive (water quality and
research opportunity) values of a wetland or
estuarian ecosystem.
( k) 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 satisfaction of the Director.
9422. 5 FINDINGS. The purpose of this section is to ensure
an environment which is suitable for the self-perpetuation of
environmentally sensitive habitat areas.
( a) Prior to approval of energy production facilities, the
decision-making authority shall make a finding with statement of
fact that provision has been made for the enhancement of a
significant portion of the project area to ensure preservation of
plant and wildlife species.
(b) For all other projects, a finding shall be made that the
functional capacity of the environmentally-sensitive habitat area
is maintained.
CA 86-17 10.
9422. 6 DEFINITIONS. The following words and phrases shall
be construed as defined herein unless the context clearly
indicates otherwise.
( a) Energy Facility : Any public or private processing,
producing, generating, storing, transmitting, or recovering
facility for electricity, natural gas, petroleum, coal, or other
source of energy.
(b) Environmentally Sensitive (Habitat) Area : A wetland or
any area in which plant or animal life or their habitats are
either rare or especially valuable because of their special nature
or role in an ecosystem and which could be easily disturbed or
degraded by human activities and developments.
( c) Feasible : Capable of being accomplished in a successful
manner within a reasonable period of time, taking into account
economic, social, and technological factors.
( d) Functional Capacity: The ability of an environmentally
sensitive area to be self-sustaining and to maintain natural
species diversity.
( e) Significant Disruption: Having a substantial adverse
effect upon the functional capacity.
( f) Wetland: Lands within the Coastal Zone which may be
covered periodically or permanently with shallow water and include
saltwater marshes, freshwater marshes, open or closed brackish
water marshes, swamps, mudflats and fens.
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.
CA 86-17 11.
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
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 2nd
day of September 1986.
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Mayor
ATTEST: APPROVED AS TO FORM:
of
City Clerk -�3_�(� City Attorney
/z/Y
REVIEWED AND APPROVED: INITIATED AND APPROVED
City Admini trator�, ector of Development
Services
CA 86-17 12 .
Ord. No. 2862
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly appointed, 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 18th day of August
19 86 , and was again read to said City Council at a regular
meeting thereof held on the 2nd day of September 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:
Kelly, MacAllister, Finley, Mandic, Thomas
NOES: Councilmen:
Bailey, Green
ABSENT: Councilmen
None
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 certify that a synopsis of this
ord;na, ce '.-as been published in the Huntington
:.`sent on
th the iy Charter ,., .. ,, ,'y.
ALICIA M. WENTWORT14
.Ciiy ;a w,K
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u i.. L'~kp t!+ City Clerk