HomeMy WebLinkAboutOrdinance #3052 ORDINANCE NO. 3052
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING ARTICLE 972 THEREOF, AND ADDING THERETO
NEW ARTICLE 970 ENTITLED ENVIRONMENTAL REGULATIONS
The City Council of the City of Huntington Beach does ordain as
follows :
SECTION 1 . Article 972 of the Huntington Beach Ordinance Code
is hereby repealed.
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by adding thereto new Article 970 entitled "Environmental
Regulations , " to read as follows :
ARTICLE 270
ENVIRONMENTAL REGULATIONS
Sections-
9700 General Provisions .
9701 Environmental Processing .
9701. 1 Administrative Fees .
9702 Environmental Assessment Committee Established.
9702 . 1 Committee Membership.
9702 . 2 Duties .
9703 Environmental Determination.
9704 Mitigation Measures .
9704 . 1 Monitoring and Reporting Program.
9705 Appeal .
9700 GENERAL PROVISIONS. The purpose of this article is to
implement the California Environmental Quality Act of 1970,
hereinafter referred to as "CEQA. " The provisions of this article
shall apply to all permits or entitlements, not otherwise exempt ,
requiring discretionary action by the City in matters covered by
CEQA. The City Council shall by resolution adopt policies,
objectives, criteria and procedures regulating environmental
evaluation of public and private projects. This article and the
regulations adopted by resolution provide the basic principles,
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objectives, criteria, procedures and definitions to ensure
consistent implementation of CEQA.
9701 ENVIROIMNTAL---PROCESSIN . The Director shall be responsible
for :
(a) Preparation and processing of all environmental documents
necessary to comply fully with CEQA, the guidelines of the
California State Resources Agency as authorized under the
Public Resources Code §21083, et. seq. and such additional
regulations as may be adopted by the City of Huntington Beach
relating thereto;
9701.1 ADMINISTRATIVE FEES. Processing and preparation of
environmental documents shall be subject to payment of fees
established by Council resolution.
9702_ .ENVIMNMENTAL ASSESSMENT COMMITTEE ESTABLISHED. There is
hereby established an Environmental Assessment Committee referred to
hereinafter as the "Committee. "
9_7�2.1 COMMITTEE MEMBERSHIP. The Committee shall be composed of
three members . The membership shall consist of the Director of
Community Development, the Director of Public Works, and the City
Attorney, or a designated representative of each. A quorum shall
require at least two (2) members .
9702.2 _ JURISDICTION DUTIES. The duties of the Committee shall be
to assess the probable environmental impact of all discretionary
projects, determine the appropriate environmental documentation
required for compliance with the CEQA, and to make recommendations
to the discretionary body to adopt or deny a negative declaration or
environmental impact report, consistent with state and local law.
97.Q3ENVIRONMENTAL DETERMINATION. Prior to any project approval,
the discretionary body shall first act upon the negative declaration
or the Environmental Impact Report (EIR) . The discretionary body
acting on the project may adopt the negative declaration or may
reject it and require an environmental impact report . The
discretionary body may certify the Environmental Impact Report or
reject it, if deemed incomplete.
9704 MITIGATION M MURES. Any feasible change or alteration to the
project which avoids or substantially lessens the significant
environmental impact as identified in the negative declaration or
final EIR shall be incorporated as a condition of approval imposed
upon the project . The condition of approval shall also describe the
time period and the manner in which the mitigation measure must be
satisfied.
2704.1 MONITORING AND REPORTING PROGRAM. The City requires a
reporting or monitoring program be prepared to ensure compliance of
mitigation measures during project implementation. The project
applicant shall be responsible for ensuring completion of the
program and shall submit to the City reports indicating the status
of compliance. The City may obtain or require an independent
analysis of any completed reports submitted as required by a
mitigation measure. The cost of the analysis shall be paid by the
project applicant.
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Prior to final inspection, the monitoring program report shall be
completed and accepted by the City. A separate report may be
required for each phase of a project constructed in phases .
9705 APPEAL. Any decision of the Committee may be appealed to the
discretionary body which has original jurisdiction over approval of
the project as provided in this code. The appeal shall be in
writing stating specifically the basis of the appeal, filed within
ten (10) calendar days after such decision and accompanied by the
filing fee set by resolution of the city Council. Notice of the
hearing shall be given pursuant to this code. The appeal shall be
hard prior to the discretionary body' s action on the project .
SECTION 3 . This ordinance shall take effect thirty (30) days
after its adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 20th day
o f August 1990 .
Mayo Te re
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorn
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of Community
Development
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Ord. No3052
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, 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 therof held on the 8th day of August
19 90 and was again read to said City Council at a regular
meeting therof held on the 20th day of _August 1990 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
MacAllister, Winchell, Green, Bamister. Silva, Fxskirie
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Mays
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onrWBrockway CITY CLERK of the CRY oftington Bead and ex-o f&Clerk of the City s
Chi,do hereby,w*that a$YMM of this
ordinance has been pua+std in the Daily Pdot ors
City Clerk and ex-offic' Clerk
,19 �' of the City Council of the City
In�rdancewith t r.;itY Charier of said City. of Huntington Beach, California
Co :3ia BrogKWa
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City cleric.
Qe G Clerk