HomeMy WebLinkAboutOrdinance #3251 5 �
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COASTAL COMMISSION ALTERNATIVE
ORDINANCE NO. 3251—B
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING ARTICLES 902, 942 AND 969.9 THEREOF
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Article 942 of the Huntington Beach Ordinance Code is hereby amended
by amending Section 9422.1(f) thereof to read as follows:
(f) Wetland shall mean lands within the coastal zone which may be covered
periodically or permanently with shallow water and include salt water marshes,
freshwater marshes, open or closed brackish water marshes, swamps, mud flats
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and fens.
SECTION 2. Article 942 of the Huntington Beach.Ordinance Code is hereby amended
by adding new Section 9422.2.1 thereof to read as follows:
9422.2.1 Coastal conservation suffix- Recuuirements. As it applies to
parcels described as Assessors Parcel Numbers: 148-011-01, 148-011-02, 114-
150-26, 114-150-51, 114-150-53, 114-150-58 and 114-156.55, the Coastal
Conservation"CC" suffix shall be a conservation overlay zone classification.
Within areas identified as wetlands on the subject property, the uses of the
Coastal Conservation District, as identified in section 9422.5 and 9422.6, shall
supersede the uses of the VSC, RA and MI-A districts. Development
prohibited by sections 9422.5 - 9422.7 on wetland portions of the subject
property may be permitted in non-wetland areas only pursuant to an
application for a single overall development plan for the entire overlay area, or
such portion thereof as may be at the time of said application geographically
contiguous and under common ownership. As part of any such application the
applicant shall include topographic, vegetative, hydrologic and soils
information, prepared by a qualified professional and reviewed and concurred
in by the Department of Fish and Game, which identifies the extent of any
existing wetlands on the property. Conservation easements, dedications or
other identified similar mechanisms shall be required over all wetland areas as a
condition of development, to assure permanent protection against development
inconsistent with Sections 9422.5 - 9422.7. Specific drainage and erosion
control requirements shall be incorporated into the project design to ensure
that wetland areas are not adversely affected. No further subdivision of any
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such parcel shall be permitted which would have the effect of dividing off
environmentally sensitive habitat from other portions of such parcels for which
urban uses are permitted in the City's Coastal Element until such time as the
permanent protection on any wetland is assured.
Alternatively, if the owner of an above parcel(s)wishes to develop only the
parcel(s) which has coastal element land use designations other than
conservation, the required overall development plan and coastal development
permit application is not required to include the wetlands determination as
stated above. However, a conservation easement, dedication or other
identified similar mechanism shall be required over the parcel(s) area which
have a conservation land use designation and are within the parcel(s) proposed
for development. The conservation easement may be removed from those
parcels or portions thereof which are found not to contain wetlands through a
subsequent overall development plan and coastal development permit
application which shall include a wetlands determination as specified above.
The above drainage and erosion control and no further subdivision provisions
also apply under this alternative.
Public vehicular traffic (the extension of Hamilton Avenue) shall be permitted
in wetland areas governed by a conservation easement provided the road is
constructed in a manner consistent with Section 9.4.5; Area 1 (Beach Blvd. to
Newland Street) and Section 6, Environmentally Sensitive Habitat of the
certified Land Use Plan.
SECTION 3. Article 942 of the Huntington Beach Ordinance Code is hereby amended
by amending Section 9422.3 thereof to read as follows:
9422.3 Coastal conservation suffix-- Removal of. Prior to removal of
the Coastal conservation suffix(-CC), the following findings shall be made:
(a) No wetlands exist on the subject parcel as determined by a site-specific
topographic, vegetative, hydrologic and soils analysis of the subject parcel,
prepared by a qualified wetland biologist or other qualified professional and
reviewed and concurred in by the Department of Fish and Game; and
(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.
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3251—B
Any such removal of the Coastal Conservation suffix(-CC) shall constitute
an amendment to the Implementation Plan and, if applicable, the Land Use
Plan portion of the Local Coastal Program. Pursuant to Section 30514 of
the Coastal Act, an I.C.P. amendment shall not take effect unless and until
it has been effectively certified by the California Coastal Commission.
SECTION 4. Article 942 of the Huntington Beach Ordinance Code is hereby amended
by amending Section 9422.4 thereof to read as follows:
9422.4 Uses generally. The uses set out in this Article shall only be allowed
where there is no feasible, Iess environmentally damaging alternative and where
feasible mitigation measures have been provided.
SECTION 5. Article 942 of the Huntington Beach Ordinance Code is hereby amended
by amending Section 9422.6(a) thereof to read as follows:
(a) New or expanded port, energy and coastal dependent industrial facilities,
including commercial fishing facilities.
SECTION 6. Article 942 of the Huntington Beach Ordinance Code is hereby amended
by amending Section 9422.6(d)thereof to read as follows:
(d) Only in conjunction with restoration plans, new flood control facilities
where necessary for public safety and to protect existing development in the
flood plain.
SECTION 7. Article 942 of the Huntington Beach Ordinance Code is hereby amended
by adding new Section 9422.60)thereof to read as follows:
0) Habitat Restoration projects.
SECTION S. Article 942 of the Huntington Beach Ordinance Code is hereby amended
by amending Section 9422.9 thereof to read as follows:
9422.9 Development standards--Mitigation measures. Before any
application is accepted for processing, the applicant shall meet the following
standards of this article, and shall incorporate into the project design any
feasible mitigation measures which will minimize adverse environmental
effects.
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3251-B
SECTION 9. Article 969.9 of.the Huntington Beach Ordinance Code is hereby amended
by amending Section 969.9.21 thereof to read as follows:
969.9.21 General Commercial District. Permitted Uses. Uses permitted in
a general commercial district are: convenience, neighborhood and community
oriented retail and business uses.
(a) Development for any parcel or portion thereof designated with the Coastal
conservation suffix (-CC) shall be permitted only pursuant to an overall
development plan for all such parcels, if at said time of application the parcels
are geographically contiguous, under common ownership, and carry the
Coastal conservation suffix (-CC). All provisions of Section 9422.2.1 shall be
applicable.
SECTION 10. Article 902 of the Huntington Beach Ordinance Code is hereby amended
by amending Section 9020 thereof to read as follows:
9020 _Purpose. The Zoning Ordinance for the City of Huntington Beach is
established to implement the objectives of the General Plan. It is further
adopted for the purpose of promoting and protecting the public health,
safety, and general welfare of Huntington Beach residents and to provide
the physical, economic and social advantages which result from a
comprehensive and orderly planned use of land resources. This zoning
ordinance is not intended to authorize, and shall not be construed as
authorizing the City of Huntington Beach to exercise its power in a manner
which will take or damage private property for public use. This zoning -
ordinance is not intended to increase or decrease the rights of any owner of
property under the constitution of the State of California or the United
States.
SECTION 11. The Community Development Director is hereby directed to amend
Articles 902, 942 and 969.9 of the Huntington Beach Ordinance Code to reflect Code
Amendment No. 93-8 described in Sections 1 through 10 hereof. Copies of said Articles as
amended hereby, are available for inspection in the Office of the City Clerk.
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3251-B
SECTION 12. This ordinance shall take effect following California Coastal Commission
certification.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held on the day of gept-embp, , 1994.
Mayor
ATTEST: APPROVED AS TO FORM:
r jr
City Clerk City Attorney
REVIEWED AND APPROVED: IMTIATED AND APPROVED:
r--
ty Administrator Director of Coom una Development
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3251—B
Effective upon state Coastal Commission approval
Ord. No. 3251-B
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-offccio Clerk of the City Council of 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 re ular meeting thereof held on the Gth day of Se tp ember,
1994, and was again read to said City Council at an adjourned regular meeting
thereof held on the 20th of September, 1994, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Councilmembers:
Bauer, Winchell, Leipzig, Sullivan
NOES: Councilmembers:
Silva, Robitaille
ABSENT: Councilmembers:
Moulton-Patterson
;iTY CLERK of the City of
1, ronnle Brockway 'r
�4urifin tAh Be�; .o ex ;�itito Glen'.of the City City Clerk and ex-officio rk
unfinii, that a�synop'll°at is of the City Council of the City
in''Ze Daii P of Huntington Beach, California
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In Vc ccr Ia��o with U1e .j . „ .ter of said
Ciy.
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�=-- City Clerk
e rfi City C `k