HomeMy WebLinkAboutOrdinance #2888 CODE AMENDMENT 86-31
ORDINANCE NO. 2888
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
AMENDING ARTICLE 942, "COASTAL CONSERVATION
DISTRICT, - TO INCLUDE THE SUFFIX -CC
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 Article 942 to read as follows :
9422 General provisions--Coastal conservation district.
The purpose of the coastal conservation district is to
implement the general plan land use designation of open space
conservation, and provide for protection, maintenance,
restoration and enhancement of wetlands and environmentally
sensitive habitat areas located within the coastal zone while
permitting appropriate land uses .
9422. 1 Definitions . The following words and phrases shall
be construed as defined herein unless the context clearly
indicates otherwise:
(a ) Energy facility shall mean 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 shall mean 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 shall mean capable of being accomplished in a
f, successful manner within a reasonable period of time, taking
into account economic, social , and technological factors.
(d) Functional capacity shall mean the ability of an
environmentally sensitive area to be self-sustaining and to
maintain natural species diversity.
(e) Significant disruption shall mean having a
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substantial adverse effect upon the functional capacity.
(f) Wetland shall mean lands within the coastal zone which
may be cove— reJperiodically or permanently with shallow water
and include salt-water marshes, swamps, mudflats and fens .
9422. 2 Coastal conservation suffix, (--CC) . There is
hereby established the suffix, --CC, to be appended to any base
district to denote and protect environmentally-sensitive
areas . Such suffix shall take precedence over any other
district designation.
9422. 3 Coastal conservation suffix--Removal of. Prior to
removal of the coastal conservation suffix (--CC) , the
following findings shall be made:
(a ) That the underlying district designation is consistent
with the coastal element of the general plan of the city of
Huntington Beach;
(b) That the proposed removal of the suffix is in
accordance with the policies, standards and provisions of the
California Coastal Act; and
(c) That there is no feasible, less environmentally
damaging alternative site for any proposed land use or
development which may be allowed under California Public
Resources Code sections 30233 (a) (1 ) and 30264.
9422. 4 Uses generally. The uses set out in this article
shall only be allowed where there is no feasible, less
environmentally-damaging alternative and where practical
mitigation measures have been provided.
9422. 5 Use permit required. The following uses shall be
permitted in the coastal conservation district upon approval of
a use permit by the board of zoning adjustments :
(a ) Incidental public service projects such as, but no
limited to, burying cables and pipes.
(b) Maintenance of existing streets and utility structures .
9422. 6 Conditional use permit required. The following
uses may be permitted upon approval of a conditional use permit
by the planning commission:
(a ) New or expanded energy and coastal-dependent
industrial facilities.
(b) Diking, dredging and filling necessary for the
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protection, maintenance, restoration or enhancement of the
area 's functional capacity as a habitat.
(c) Provision for existing flood control facilities where
the primary purpose is to maintain existing capacity, necessary
for public safety or to protect existing development in the
flood plain . No maintenance activities shall be permitted
which have the effect of draining wetlands . Such maintenance
activities may include maintenance dredging of less than
100, 000 cubic yards in a twelve-month period; lining, in-place
artificial channels; increasing the height of levees ; changes
in the cross section of the interior channel to accommodate the
design capacity of channels when no widening of the top
dimensions or widening of the outer levee is required.
(d) New flood control facilities in conjunction with plans
where necessary for public safety and to protect existing
development in the flood plain.
(e ) Mineral extraction, including sand for beach
restoration except in environmentally-sensitive areas .
(f ) 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 .
(g ) Maintenance of existing, or restoration of previouswly
dredged depths of navigational channels, turning basins, vessel
berthing and mooring areas, and boat-launching ramps .
(h) Entrance channels for new or expanded boating
facilities in a wetland area may be permitted. In a degraded
wetland ( identified by the state department of fish and game
pursuant to California Public Resources Code section 30411 (b) ,
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.
( i ) Nature study, aquaculture, or similar
resource-dependent activities.
9422. 7 Prohibited uses . Any use or structure not
expressly permitted shall be prohibited .
9422 . 8 Required permits and agreements . Before any
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application is accepted for processing, proof shall be provided
that the necessary state and federal regulatory permits or
agreements have been obtained, or a statement from the
regulatory body that such permits are not required has been
submitted:
(a) United States Army Corps of Engineers: S. 404 and
S. 10 permits;
(b) California Department of Fish and Game: 1601-1603
agreement ;
(c) State Water Resource Control Board permit (depends on
the operation) ;
(d) Regional Water Quality Control Board permit (depends
on operation ) ; or
(e ) California state lands commission permit.
9422. 9 Development standards--Mitigation measures . Before
any application is accepted or processing, to applicant shall
meet the following standards the standards of this article, and
shall incorporate into the project design mitigation measures
which will moderate adverse environmental effects .
9422 .10 Mitigation measures--Dredging. If the project
involves any dredging, mitigation measures shall include the
following:
(a ) Dredging and spoils disposal shall be planned and
carried out to avoid significant disruption to wetland habitats
and to water circulation.
(b) 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.
(c ) Dredge spoils suitable for beach replenishment shall ,
where feasible, be transported to appropriate beaches or into
suitable longshore current systems.
(d) Other mitigation measures may include opening up areas
to tidal action, removing dikes, improving tidal flushing, or
other restoration measures .
9422.11 Mitigation measures--Diking or filling. 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
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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.
(a ) 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
(b) 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 .
(c ) If no appropriate restoration sites under options
contained in this article 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.
9422. 12 Mitigation measures--Vegetation. 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.
9422. 13 Mitigation measures--Reduction of disturbances.
Pedestrian trails, observation platforms and other incidental
structures shall be designed to reduce disturbance of wildlife
and vegetation . Examples of improvements to effect such
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reduction would be elevated walkways and viewing platforms, and
vegetative and structural barriers to lessen disturbances from
permitted uses and inhibit internal access .
9422.14 Mitigation measures--Litter control . Passive
nature study uses shall include a program to control litter
such as placement of an adequate number of containers and
posted signs .
9422. 15 Mitigation measures--Flood control .
Environmentally-sensitive habitat areas shall be restored and
augmented to lessen the risk of flood damage to adjacent
properties .
9422. 16 Mitigation measures--Construction and
improvements . Any construction, alteration or of er
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.
Construction or maintenance activities shall be carried out
in areas of minimal size. The site shall be restored to its
original state prior to completion of the project unless such
site is to be altered to conform with an approved restoration
project.
9422.17 Mitigation measures--Duty of applicant . 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 it is also shown that the project will not
significantly:
(a) 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.
(b) Harm or destroy a species or habitat that is rare
or endangered.
(c ) Harm a species or habitat that is essential to the
natural biological function of a wetland or estuary.
(d) Reduce consumptive (fishing, aquaculture and hunting)
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or nonconsumptive (water quality and research opportunity)
values of a wetland or estuarian ecosystem.
9422 .18 Degraded wetland restoration. If the proposed
project invo ves 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 .19 Findings--Environmentally-sensitive habitats . The
purpose of this section is to ensure an environment which is
suitable for the self-perpetuation of environmentally-sensitive
habitat areas . Prior to approval of energy production
facilities, the decision-making authority shall make a finding
with a statement of fact that :
(a) 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 .
SECTION 2. This ordinance shall take effect thirty days
after adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 1st
day of December , 1986 .
ATTEST: APPROVED AS TO FORM:
�i�:Z�G:G'cGL c►��
City Clerk /j� City ttorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
1 / — q
City Admrnzs rato Director of Development
Services
RCS:ahb
0054n/10/17/86
7 .
Ord. No. 2888
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 17th day of November
19 86 , and was again read to said City Council at a regular
meeting thereof held on the 1st day of December 1986 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES Councilmen:
Winchell, Mays, Finley, Erskine, Green
NOES: Councilmen:
Kelly, Bannister
ABSENT: Councilmen:
None
(��Z
City Clerk and ex�of �iolerk
of the City Council of the City
of Huntington Beach, California
I, Alicia M. Wentworth CITY CLERK of the City of
Huntington Reach and ex-officio Clerk of the City
Council, do hereby certify that a synopsis of this
ordinance has been published in the Huntington
Reach Independent on +� PAL
In accordar. c vvith the City Charter of zu,u c:y4
AUCtA M. WENTWORTH
........................................................ ..
City Clerk
............................... ...........
Deputy City Clerk