HomeMy WebLinkAboutOrdinance #3334 • � d- f.0 i ;�>
Res. No. 96-79
ORDINANCE NO. 3334
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH APPROVING
MODIFICATIONS TO THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE AS SUGGESTED BY THE
CALIFORNIA COASTAL COMMISSION
(LCP AMENDMENT I•-95)
WHEREAS, on January 3, 1995, the City Council of the City of Huntington Beach
adopted Resolution No. 6661, which approved Local Coastal Program Amendment No. 1-
95, consisting of Ordinance No. 3258 (Zone Change 94-2) and Ordinance No. 3254
(commonly known as the Zoning and Subdivision Ordinance), and referred said LCPA 1-
95 to the California Coastal Commission for review and approval as required by law; and
On April 12, 1996, the California Coastal Commission considered said LCPA No.
1-95 and approved it with suggested modifications; and
The City Council of the City of Huntington Beach desires to accept and approve
said modifications as suggested by the Coastal Commission,
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby ordain as follows:
SECTION 1. That pursuant to provisions of Title 7, Chapter 3, Article 6 of
California Government Code commencing with Section 65350, the modifications
suggested by the California Coastal Commission to the Huntington Beach Zoning and
Subdivision Ordinance, as shown on the document attached hereto as Exhibit"A" and
incorporated by this reference as though fully set forth herein, are hereby approved and
adopted.
i
1
g*96ordmamods
RLS 96-560
8/16196
INTENTIONALLY
LEFT
BLANK
3334
SECTION 2. That the Huntington Beach Zoning and Subdivision Ordinance is
hereby amended to incorporate said modifications as shown on the attached Exhibit"A."
SECTION 3. That this ordinance shall be effective 30 days after its adoption, or
upon final Coastal Commission approval of Huntington Beach City Council Resolution
No. 96-7 9 , whichever occurs latest.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 16 th day of September 1996.
Gf y C/" Aol`c � ire G 0-qy Wht" adapt e
ell
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney LT A7
REVIEWED AND APPROVED: INITIATED AND APPROVED:
i
City Administrator Director of ComAnity
Development
2 3334
g*96ordmomods
RLS 96-560
8/16/96
5
w.
INTENTIONALLY
LEFT
BLANK
Ordinance No. 3334
STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Go%vrnor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
A
245 W. BROADWAY, STE. 380
P.O. SOX 1450
LONG BEACH, CA 90802-"1b e "
(310) 590-5071
a. r .2.6 1996
. . .April 26, 1.996 )rJ
Mr. Howard Zelefsky
Planning Director
Department of Community Services
2000 Main Street
Huntington Beach, CA 92648
s
Re: Huntington Beach Local Coastal Program Amendment No. 1-95
Implementation Plan: Zoning and Subdivision Ordinance
Dear Mr. Zelefsky;
You are hereby notified that Huntington Beach Local Coastal Program Amendment
No. 1-95 was approved with suggested modifications by the California Coastal
Commission at their April 12, 1996 public hearing in Monterey. The LCP
amendment .wi.11. not be'fully effective,until the Commission, s .suggested
modifications are adopted by the City council:, and the 'Executive Director
certifies to the Commission that the City has complied with the Commission's
action.
Certification of the Huntington Beach Local Coastal Program Amendment No. 1r-95
is subject to the attached modifications. The attached modifications are the
complete version of the suggested modifications including the changes made in
the addendum to the staff report. Pursuant to Section 13537 of the California
Code of Regulations, the Commission' s certification with suggested
modifications will expire six months from the date of Commission action if not
adopted by the local government.
Thank you and your staff for your efforts and cooperation with this project.
Please call Meg Vaughn at the above number if you have any questions regarding
this matter.
Sincerely,
Teresa Henry
Assistant District Director
cc: Susan Pierce
enc.
6811 F
............................................. ,
t ,
STATE OF CALIFORNIA—THE RESOURCES AGENCY t fir. a� PETE WILSON, Governor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA -' ! 1996
245 W. BROADWAY, STE. 3B0
P.O. BOX 1450 v.• ,.5 ;.
LONG BEACH, CA 90802-4416 HUNTINCTON BEACH IrMLN'3COAS.TA P.-ERQGRAM AMENDMENT 1-95
(310) 590-5071
SUGGE TEDMODIFICATIONS
Certification of the Implementation Plan Amendment is subject to the following
modifications:
(deletions indicated by strike—out, additions indicated by underscoring)
Chapter 201 Title, Components, and Purpose
201 .02 Title
Titles 20-25 of the Municipal Code shall be known and cited as the "Zoning and
Subdivision Ordinance of the City of Huntington Beach." Titles 20-25 shall
constitute the Local Coastal Program Implementation Plan.
201 .06 Purpose
The purpcs6 of the zoning and subd.ivisi on. or_dinance is to implement: the.
policies of the City of Huntington Beach G.e.neral Plan, as provi.ded..in the
California Government Code, Title 7, Division 1 , Planning and Zoning, and
Division 2, Subdivisions, and in the California Constitution, Chapter 11 ,
Section 7. The purpose of the Local Coastal Program Implementation Plan is to,
implement the ,policies of the City of Huntington Beach certified Land Use Plan
(Costal Element) and the public acggss and recreation o1p icies of the Coastal
Act. It is further . . . under the constitution of the State of California or
the United States.
202.04 General Rules for Applicability of the Zoning and Subdivision
Ordinance
A. Applicability. to. Property. The Zoning and Subdivision Ordinance
shall apply to"all land within the City of Huntington %Beach. The
Local Coastal Program Implementation Plan shall apply to all ,land
within the City of Hunting on Beach coastal zone-
C. Who Qualifies as an Applicant. . . . The Director Mii shall require
an applicant to submit proof of interest. The Director Mit shall-
require an agent to submit evidence of authority to act for the _
applicant. . . .
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 2
K. Annexations/Pre-Zoning. Unincorporated territory adjacent to the
City low-density residential . Inclusion of an annexed .area
within the coastal zone into the certified Local-Coastal Program
shall require a rp oval of a Local Coastal Program amendment by the
Coastal Commission.
202.08 Rules for Interpretation; Record-keeping
B. Zoning Map.
5. Should an uncertainty remain as to the location of a district
boundary or other feature shown on the zoning map, the location
shall be determined by the Director. If the area of uncertainty
lies within the coastal zone the determination shall be made in
conjunction with the Executive Director of the Coastal
Commission.
202. 10 Responsibilities
A. City Council . The City Council shall have final authority for the
approval of zoning map and zoning .text amendments General Plan
amendments and . final maps.; however, :nQ such amendment . sha11 be
effective unless certified' by the Coastal Commission as an amendment
to the Local Coastal Program. The City Council also shall act as the
appeals board for hearing appeals of actions by the Planning
Commission and Zoning Administrator, as provided by this ordinance.
Any decision on a coastal dgvelo mn ent permit for development located
within the appealable area of the coastal zone as described in_245.04
B may be annealgd to the California Coastal Commission: if such a
project is appealed final coastal development permit decision making
authority lies with the California Coastal Commission.
D. Planning Commission. The Planning Commission ' s responsibilities
shall include initiating preparation and updating of the General
Plan, Local Qoastal Program, specific plans, . . .
Chapter 203 Definitions
Modify the definition of feasible as follows:
Feasible. Capable of being accomplished in a successful manner within a _
reasonable period of time, taking into account economic, environmental ,
social and technological factors.
Modify the definition of Negative Declaration as follows:
Negative Declaration. A written statement briefly describing the reasons
that a proposed project will not have a significant impact on the
environment, which meets the requirements of the California Environmental
Quality Act.
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 3
Chapter 204 Use Classification
204:02 Applicability.
The Director may determine that a specific use shall not be
deemed to be within a classification, if its characteristics are
substantially 1AWOMMIOM different than those typical
of uses named within the classification. . . .
204.04 Uses Not Classified
Any new use, or any use that cannot be clearly determined to be
in an existing use classification, may be incorporated into the
zoning provisions by a Zoning and Subdivision Ordinance text
amendment, as provided in Chapter 247. Such an incorporation
shall not be effective unless certified by the Coastal
Commission as a Local Coastal Program amendment.
Modify 204.10 FF Visitor Accommodations as follows:
.204.10 FF Visitor Accommodations. :
2. Hotels and Motel s /idd7MhWWi/Fk0IIffit.
Establishments offering lodging on a weekly or less
than weekly basis. Motels may have kitchens in no
more than 25 percent of guest units, and "suite"
hotels may have kitchens in all units. This
classification includes eating, drinking, and banquet
service associated with the facility.
Delete No. 3 Residential Hotels, and No. 4 Single Room Occupancy from FF
Visitor Accommodations and move to new section. Create new section HH
Quasi Residential , as follows:
HH. Quasi Residential
Time-Share Facilities._ A facility in which the j2urchas r
receives the right in perpetuity, for life or for a term of
years, to the recurrent exclusive use or occupancy of a
lot, parcel , unit or segment of real property. annual y or
on some other periodic basis for a period of time that has
been or will be allocated from the use or occupancy periods _
into which the plan has been divided. A time-share plan
may be coupled with an estate in the real property or it
may entail a license or contract and/or membership right Df
oc4ppancy not coupled with an estate in the real prgperty
204.16 Temporary Use Classifications
,� Temporary Event Those temporary activities located within
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 4
the coastal zone that do not qualify for an exemption
pursuant to Section 245.08.
TITLE 21 BASE DISTRICTS
Chapter 210 Residential Districts
210.02 Residential Districts Established
The purposg of the residential districts are to implement thk
General Plan and, LCP Land Use Plan residential land use
designations. Five (5) residential zoning districts are
established by this chapter as follows:
Chapter 211 Commercial Districts
211 .02 Commercial Districts Established
The purpose of the Commercial Districts is to implement the General Plan
and Local Coastal Proaram commercial land use designations Three (3)
commercial zoning districts `are established by this chapter as, follows:
C. The CV Visitor Commercial District implements the Visitor
Serving Commercial land use designation within the coastal zone
and provides uses of specific benefit to coastal visitors More
specifically the CV district provides opportunities for
visitor-oriented commercial activities, including Speciality and
beach related retail shops, restaurants, hotels, motels,
theaters. museums, and related services.
211 .04 CO, CG, and CV Districts: Land Use Controls
Add "M Additional Provisions", as modified below, to each of the
sub-headings on the chart beginning on page 211-3 and continuing through
page 211-5.. (Including sub-headings Residential , Public and Semipublic,
Commercial Uses, Industrial , Accessory Uses, Temporary Uses, and
Nonconforming Uses
Add new "(U) Additional Provisions", as described below, to each of the
- sub-headings on the chart beginning on page 211-3 and continuing through
`� = 'page 211-5, (Including sub-headings Residential , Public and Semipublic,
Commercial Uses, Industrial , Accessory Uses, Temporary Uses, and
Nonconforming Uses.)
Also on the same chart on pages 211-3 through 211-5 delete the following
uses from the CV column: under Public and Semipublic: clubs and lodges,
emergency health care, and hospitals.
On page 211-5 of the chart, under Commercial Uses , Visitor Accommodations, in
the CV Visitor Commercial column, modify as follows:
Huntington Beach LCP Amendment 1--95
Suggested Modifications
Page 5
Vis.ifor accommodations
Bed & Breakfast Inns
Hotels &.. Motels.
Ouasi Residential
Time Shares PC (I) , (j
Residential Hotel PC )
Single Room Occupancy PC (0) (j)
Delete 211 .04 L-3 (from chart and from the explanations that follow the chart)
and modify (J) as follows:
(J) In the CV District the entire ground floor area and at least
one-third of the total floor area shall be visitor-serving commercial
uses (as described in the certified Local Coastal Program Land Use
Plan) . Any use other than visitor serving commercial shall be
located above the ground level , and a conditional use permit from the
Planning Commission is respired Any use other than visitor serving
commercial uses shall only be permitted if visitor serving Uses are
either provided prior to the other use or assured �y deed restriction
as part 'af the development too office or residential uses shall be
permitted in any visitor serving design!:.tion seaward of Pacific CQ4st
Highway.
Add the following new section to 211 .04 (page 211-8 of the proposed Zoning and
Subdivision Ordinance) :
`J (U) In the coastal zone the preferred retail sales uses are those
identified in the Visitor Serving Commercial land use designation
which provide opportunities for visitor-oriented commercial
activities including speciality and beach related retail shops,
restaurants, hotels, motels, theaters, museums, and related services.
Chapter 213 Open Space District
Modify proposed Secti06 213.02 as follows:
Delete the Open Space - Conservation Subdistrict entirely.
On page 213-2 under OS District Land Use Controls, modify as follows:
P - Permitted
L - Limited (See Additional Provisions)
P/U - Requires conditional use permit on site of
conditional use
- Not Permitted
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 6
-= - On. page 213-3, modify L--4 as follows:
-' L—q . Allowed with a conditional use .permit approval by the Zoning
Administrator only as an ancillary use that is compatible with and
part of a park or recreational facility. Only in the coastal zone
overlay, in public parks in both the Parks and Recreation and the
ShQrel i ne Subdi stri cts, only the fol l gwi ng type .of eating and
drinking establishments shall be permitted:
take—out service establishments where:
patrons order and pay for their food at a counter or window
be-f—Qre it is consumed and may either pick Up or be served
such food at a table or take it off—site for consUm t� ion
end: persons are not served in vehicles.
On page 213--3, modify L-5 as follows:
L--5 Public parking is permitted, but commercial parking facilities on
City—owned. land, require a .conditional use permit approval by the
Planning` Commission.. Recreational—vehicle:overnight parking is
limited to 10 percent of available public parking. No encroachment
onto sandy beach area shall be permitted.
On page 213-3, modify L-6 as follows:
L-6 Beach concession stands for sale of refreshments and sundries (not to
exceed 2,500 square feet dflgilillitii) must be located a minimum
1 ,000 feet apart. Beach concession structur�f shall be located
within or immediately adjacent to paved parking or access areas.
On page 213-4 and 213-5, delete all of M.
Add new Additional Provision :(I) 'on page 213-5 as follows:
(I) The permitted uses for recreation areas on the Huntington Beach mesa
shall be limited to law—intensity uses including picnic grounds,
arboretums. bird sanctuaries. trails. High—intensity usg5 such as
tennis courts, athletic fields, stables, campgrounds or other
commercial or recreation uses shall be conditional only, and shall be -
h2cated in nodes adgagent to _existing developed areas or roads and
shall avoid adverse impacts on environmentally sensitive habitats .
Add new Additional Provision I to the chart on page 213-2 so that it applies
to Public and Semipublic Uses and to Commercial uses.
On page 213-7, modify (A) and (B) as follows:
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 7
(A) All development shall be compatible with the established physical
scale of the area and shall not encroach on major view corridors.
Public visual resources within the coastal zone shall be preserved
and enhanced.
(B) To the extent feasible, mature trees 110itUdl idoiUMAIM
shall be protected. Development shall
assure maximum protection of native vegetation and sensitive wildlife
habitats.
On page 213-7, OS District: Additional Development Standards, modify standard
(A) as follows:
(A) All development shall be compatible with the established physical
scale of the area and shall not encroach on major view corridors.
Maximum height limit for development within the coastal zone in the
Qpen Space Recreation Subdistrict shall be 35 feet.
Chapter 214 PS Public-Semipublic District
214.02... Public--Semipublic District Established
The PS Public-Semipublic District. is established by this
chapter. This district provides areas for large public` or'
semipublic uses. The intent of this District in the coastal
zone is to implement the Public. Ouasi-Public. and Institutional
land use designation of the certified Local Coastal Program Land
Use Plan.
Modify chart on page 214-4 to add new Additional Requirements (N) to Maximum
Height of Structures (ft) . Add Additional Requirement (N) on page 214-5 as
follows:
M In the coastal zone, the maximum allowable height of structures
shall be reduced as necessary to retain cam a�tibility with the
established physical scale of the area and to preserve and
enhance pu lic visual resources
Chapter 215 SP Specific Plan District
215.02 Specific Plan District Established
The SP Specific Plan District is established by this chapter. This
district provides areas for the development and administration of Specific
Plans , prepared in accord with the Government Code and consistent with the
General Plan and, for specific plans located within the coastal zone. the
Local Coastal Program.
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 8
215.04 . SP V strict: Land Use Controls
No use other than an existing use shall be permitted in a SP district .
except in accord with a valid Specific Plan. Any permitted or conditional
use authorized by this ordinance may be included in an adopted Specific
Plan, consistent with the General Plan and, for development locs.ted within
the coastal zone. Local Coastal Program Land Use Plan land use
designation(s) for land within the SP district.
215.06 SP District: Development Standards
B. Residential Unit Density. The total number of dwelling
units in a SP Plan shall not exceed the maximum number
permitted by the General Plan and Local Coastal Program
Land Use Plan density for the total area of parcels
designated for residential use.
215.12 Planning Commission Action
A. Required Findings . The Planning Commission shall recommend to
the City Council approval or conditional approval of a Specific
Plan upon finding that:
1 . The Specific Plan is consistent with the adopted Land Use
Element of the General Plan, and if in the coas 4l zone.
with the certified Local Coastal Program Land se Plan, and
other applicable policies and is compatible with
surrounding development;
215.14 Status of Specific Plan
A Specific Plan adopted by resolution of the City Council shall be
administered as prescribed by Council , consistent with the Government
Code, Section 65450 et seq. A Specific Plan shall not become effective
unless a Local Coastal Program amendment is effectively certified by the
California Coastal Commission.
Chapter 220 0 Oil Production Overlay District
220. 10 Criteria for Approval of a Reuse Plan
F. If located in the coastal zone, the reuse plan is
consistent with the certified LQGal Coastal Program.
Chapter 221 CZ Coastal Zone Overlay District
221 .02 Coastal Zone Overlay District Established
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 9
The purpose of the CZ Coastal Zone Overlay District is W iblligid to
provide supplementary provisions and specify permitted uses W within
the City' s Coastal Zone, consistent with the California Coastal Act of .
1.976> (Di vision` 20' of the Public Resources- Code), i4d the General Plant .
and thL Local Coastal prpgram Land Use Plan
Delete 221 .10, Guarantees of Public Access. The public access component of
the Implementation Plan is replaced with new Section 221 .36 in the Coastal
Zone Overlay District, attached as Appendix A.
221 .14 Preservation of Visual Resources
A. An applicant proposing new development . . .
-Al .- Preservation of public views
81 2. Preservation of existing . . .
B. Any alteration of the natural landform of the bluffs seaward of
Pacific Coast Highway including grading and the development of
arking lots shall be prohibited.
Alterations necessary for development of public 'trai_ls :and
stabilization of bluffs may be permitted subject to approval of
I coal development permit.
221 .18 Diking, Dredging, and Filling
Diking, dredging or filling shall be permitted only where there is no
feasible, less environmentally-damaging alternative and where
feasible mitigation measures have been provided, consistent with the
Coastal Conservation District 969.7.
221 .22 Buffer Requirements
As a condition of development adjacent to environmentally-sensitive
habitats delineated in the General Plan and, for development in the
coastal zone, environmentally-sensitive habitats identified in the Local
Coastal Program, a minimum 100-foot buffer from the IaddOi fd edge of
the habitat as determined by a site specific biological assessment
rV�tYfi�i/tYf�/d��ldldprtrdl� shall be provided. In the case of substantial _
development or significantly increased human impacts. a wider buffer may
be required in accordance with an analysis of the factors identified in A
through C below. If the existing development or site configuration cannot
accommodate a 100-foot buffer, then the buffer shall be reviewed by the
California Department of Fish and Game and designed to:
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 10
221 .24 Energy Facilities -
B. New pipelines shall be' underground'and
4. Shall mitigate to the maximum extent feasible adverse
_environmental impacts.
5. Shall not jeopardize public, health, safety or welfare.
221 .30 Off—Street Parking Requirements
All development shall comply with the off—street parking requirements
of Chapter 231 .
�dlal��i�•If�����i�l�af��l�lilad/al`�alfN�,l`r►4��Id/rf�tl�`�#�dl�l�r[I�K�Ir���
Add new Section 221 .36 Public Access Implementation attached as Appendix A.
Chapter 222 .FP Floodplain Overlay. District
222.08 Methods of Reducing Flood Hazards
E. Preventing or regulating the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood
hazards in other areasl; and
E Any methods and provisions fgr reducing flood hazard within the
coastal zone shall be consistent with the Coastal Conservation
District.
222.16 Variances/Appeals
B. Factors to be. Considered
7. Relationship of the proposed use to the General Plan, Local
Coastal Program, and the floodplain management program for
that area;
Chapter 223 IS - Interim Study Overlay District
223.04 Zoning Map Designator
The IS District may be initiated as prescribed by Chapter 247. Prior
to approving an amendment reclassifying land to an IS District, the
Planning Commission and City Council shall approve a study plan that
identifies regulatory problems and states land—use and development
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 11
issues to be resolved for the area proposed for reclassification. An
amendment reclassifying land to an IS District shall not be effective
Unless certified as a Local CosIst:al Program amendment by the Cgasta.l_
Commission. The .IS. District may be combined with any ..base districts.
Each IS District shall be shown on the zoning map with an "—IS"
designator, numbered and identified sequentially by order of
enactment and reference to the enacting ordinance.
223.06 Land Use Controls
B. Coastal Development Permit Required. Within the coastal zone.
approval of a coastal development permit shall be required for
establishment of a new or expanded -use in an IS District if the
new qr expanded use meets the definition o. f development in
Section 245.04 unless it is exempt_pursuant to Section 245.08.
�l� Required Findings
223.10 Expiration of IS District Ordinance; Renewal
Any ordinance establishing an IS District shall contain a provision
terminating the IS designation up to two years from its effective date.
An ordinance establishing an IS District may be amended, reenacted, or
superseded by a..zoning map amendment,. adopted as: prescribed by .Chapter
247 and certification of a Local Coastal Program amendment.
Chapter 224 NC Neighborhood Conservation Overlay District
224.06 Status of NC Overlay District and Approved Plan
Adoption of an NC overlay District . . . for development consistent with the
purposes of the plan.
Adoration of an N� overlay district within the coastal zone shall not become
effective unless a Local Coastal Program amendment has been approved and
effectively certified by the Coastal Commis ion.
All development shall be . .
224.08 Allowable Modification to Land Use Controls and Development Standards
A. Provisions for specific use classifications may be modified by the
Neighborhood Conservation Plan to accommodate unique or mixed uses _
serving the neighborhood, consistent with the General Plan, and
within the coastal zone consistent with the Local Coastal Program.
B. Development standards may be modified by the Neighborhood
Conservation Plan, consistent with the General Plan, and within the
coastal zone consistent with the Local Coastal Program
224.12 Adoption Procedures
............................ .
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 12
D,.., : The City Council shall . . .to the base district standards. Adoption
Of a. Neighborhood Conservation Overlay pistrict shall not become
_ effective: until a Local Coastal Program amendment has been- ap rp owed
and effectively certified by the Coastal COt[mission.
224.16 Building Permits to Conform to Adopted Plan and Other Applicable
Requirements
Applications for building permits for projects located in an NC Neighborhood
Conservation Overlay District shall be accepted only if project plans are
consistent with the adopted NC District ordinance and the approved
Neighborhood Conservation Plan and all other applicable requirements of the
Municipal Code, and in thg coastal zone, with the Local Coa atal Program.
Chapter 225 PAD Planned Area Development Overlay District
225.06 Status of PAD Planned Area Development Overlay District and Approved
Plan
Adoption .of a PAD District proposal shall be by amendment to the zoning map,
but the ordinaince amendment shall not alter .the Land use controls or
development standards .-of the underlying district. An -area plan shall be
approved by the City Council at the same time as the ordinance amendment.
Adoption of a PAD district shall not become effective until certified_as a
Local Costal Program amendment by the Coastal Commission.
225.12 Adoption of PAD Overlay District and Area Plan
C. Following the hearing, the City may adopt a PAD Planned Area
Development Overlay District for the area described in the
application and approve an Area Plan permit only after finding
that:
2. The area Plan is consistent with the General Plan, and for
areas located within the coastal zone, with the Local
Coastal PrQc ram, and is compatible with development in the .
surrounding area;
E. Within the coastal zone, adoption of a Planned Area Development
Overlay shall not become effective until a Local Coastal Program
amendment has s been approved and effectively certified by the
Coastal Commission.
225. 16 Building Permits to Conform to Adopted Plan and Other Applicable
Requirements
Applications for building permits for projects located in a PAD Planned Area
Development Overlay District shall be accepted only if project plans are
consistent with the adopted PAD District ordinance and the approved Area Plan
and all other applicable requirements of the Municipal Code. and in the
coastal zone, with the Local Coastal Program.
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 13
-i Chapter .226 - H - 'High-Ri se:.Overl ay District
226.06 Land Use Controls
Any use permitted in the base zoning district shall be permitted in the H
High--Rise Overlay District. The H High-Rise Overlay District shall not apply
seaward of Pacific Coast Highway.
226.08 Development Standards
F. Within the coastal zone public visual resources shall be preserved
and enhanced.
Chapter 227 MHP Mobilehome Overlay District
227.10 Removal of the Mobilehome Overlay District or Change of Use
A zoning map amendment to remove the MHP overlay designation or approve a
change .of use shall be subject to the provisions of Chapters 234 and 247.
Removal of the MHP overlay designation or approval of a change of use _within
the coastal 'zone shall require an amendment to the Local Coastal Program
4Rproved and effectively certified by the Coastal Commission
TITLE 23 PROVISIONS APPLYING IN ALL OR SEVERAL DISTRICTS
230.04 Front and Street Side Yards in Developed Areas
Where lots comprising 60 percent of the frontage on a blockface in an R
district are improved with buildings that do not conform to the front-yard
requirements, the Planning Commission may adopt by resolution a formula or
procedure to modify the front and street side--yard setback requirements.
The Planning Commission also may modify the required yard depths where lot
dimensions and topography justify_deviations. Blocks with such special
setback..requirements shall :be :del ineated on .the zoning map. Within the.
coastal zone any such setback modifications .adopted by the Planning
Commission shall be consistent with the Local Coastal Program.
230. 10 Accessory Dwelling Units
B. Design and Development Standards
All
parking spaces shall comply with Section 231 . 18 D.
230. 14 Affordable Housing Incentives/Density Bonus
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 14
..F. Required findings for approval
1_: If located within the' coastal zone, the'proposed project
which includes a density Ugnus will not result in 'the fill .
dredge, or diking of wetlands
2. g_ The granting of the proposed other incentive will not
result in the filling or dredging of wetlands.
230.72 Exceptions to Height Limits
Chimneys; vent pipes; cooling towers; . . . The Zoning Administrator may
approve greater height with a conditional use permit. Within the coastal zone
exceptions to height limits may a granted only when public visual resources
lire preserved and enhanced where feasible.
230.80 Antennae
B. Permit Required. Approval of the Director shall be required for the
installation of a satellite antenna to ensure compliance with the
locational criteria.. Construction shall be subject to the provisions
of the Uniform` buildi.n.g. Code .and National Electrical Code, as adopted
by the City. Within the coastal zone approval of coastal
development permit shall be required for installation of any antenna
that meets the definition of development in Section 245.04 unless it
is exempt pursuant to Section 245.08.
230.88 Fencing and Yards
A. Permitted Fences and Walls
7. Within the coastal zone. no gate fence or wall shall be
permitted that restricts or obstructs public access to. the shore.
Chapter 231 Off-Street Parking and Loading Provisions
231 . 18 Design Standards
D. Residential Parking
Q One additional off-street parking space shall be required for an -
accessory dwelling. except that in the coastal zone there shall
be a_minimum of four (4) parking spaces on-$ite.
G. Parking Structures. Parking structures above or below grade shall be
subject to conditional use permit approval by the Planning Commission when
no other entitlement is required. In addition. parking structure
proposed within the coastal zone shall be subject to approval of a coastal
development }hermit. All parking structures shall comply with the
following requirements:
-
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 15
5. All parking structures proposed for conversion to a fee parking
arrangement shall be subject to conditional use permit approval by
:the Pl.anni:ng Commission Public,-parking'-structures within the
'coastal zone proposed for conversion to a fee; an eking arrangement
shall be sgbject o approval of a coastal development permit
231 .28 Oceanside or On—Street Parking Within the Coastal Zone
If any existing oceanside or on—street parking within the coastal zone is
removed. it shall be replaced on a one for one basis in an area that would
not result in the loss of any sandy beach area and within walking distances
of the existing site Replacement parking shall be assured prior to the
issuance of the coastal development permit_ and shall bg provided before
any existing parking is removed so that there will be no reduction in the
number of parking spaces available.
Chapter 233 Signs
233.02 Definitions
FFF Public Access Signage• Signage that directs the general public to
the coast or sea andlor public amenities available for-general public use
233.08 On—Site Permitted Signs
All signs shall be governed . . .
The Planning Commission may . . .
Nothing in this chapter shall preclude public access signage
Chapter 234 Mobilehome Park Conversions
234.06_ Removal of MHP Overlay .or RMP. Zone or Change of Use
B. That the proposed zoning is consistent with the General Plan of the City
of Huntington Beach and all elements thereofi and for projects located
within the coastal zone that the proposed zoning is consistent with the
Land Use Plan portion of the Local Coastal Program.
F. The zone change shall not become effective unless a Local Coastal Program _
amendment i5 effectively certified by the Coastal Commission.
Chapter 235 Residential Condominium Conversions
235.02 Definitions
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 16
B. Date of Approval : . The date� the Planning Commission, or City
1; Council on appeal , approves the conditional use permit and
tentat:ive. subdivi5ign or parcel map appt eat ons. . However, if
the project is located in the appealable area of coastal zone
and includes action on a coastal development permit Section
248.30 shall apply.
235.04 Permit Required
In addition to the applicable . . . Zoning Administrator pursuant to Chapter
241 . Within the coastal zone a coastal development permit shall also be
required.
Conversion of lower or moderate-income rental housing developed with federal ,
state or local assistance shall not be permitted. Within the coastal zone no
visitor serving use including_ hotel use shall be converted to condominium
community apartment, stock cooperative, or time share
235.06 Required Reports and Information
In addition to the conditional use permit coastal develo pment_permit (where
appli_cable)., and tentative map applications, .. . -
235.16 Findings
H. That either 1 ) the project is not located within the coastal zone or
2) the project is located within the coastal zone and the existing
use to be converted is not a visitor serving use (including hotelsL
TITLE 24 ADMINISTRATION
Chapter 240 Zoning Approval ; Environmental Review; Fees and Deposits
. .240.02 Zoning Approval
To ensure that each new or expanded use of a site and each new, expanded,
reconstructed or structurally altered structure complies with Titles, 20--231
zoning approval shall be required prior to issuance of a building, grading,
coastal development, or demolition permit, certificate of occupancy, business
license, or utility service connection. If any grading or scraping is
proposed as part of a project, . . . -
Chapter 241 Conditional Use Permits and Variances; Temporary Use Permits;
Waiver of Development Standards
241 .20 Temporary Use Permits
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 17
C. : Required Findings. . The application shall be approved as
submitted;. or:In -modified form,,if the Zoning Administrator
f nds:
1 . That- the proposed temporary use will be located, operated
and maintained in a manner consistent with the policies of
the General Plan. and if located within the cQastal zone.
consistent with the policies of the Local_ Coastal Program.
and the provision of this chapter; and
D. Conditions of Approval . In approving a temporary use permit,
the Zoning Administrator may impose reasonable conditions
necessary to:
. 1 . To be consistent with the General Plan. and in the coastal
zone to be consistent with the Local Coastal Program;
Chapter 246 Development Agreements
246.08 Public Hearing Required
Upon receipt of a .camplete appli.cation,. the results of theenvironmental
review, and the recommendation of the Department, the Planning Commission
shall schedule a public hearing to determine whether the proposal conforms to
the General Plan and if the site of the development agreement is located
within the coastill zone, to the Local Coastal Program. The Planning
Commission hearing shall be scheduled within six (6) months following receipt
of a complete application, unless the City and the applicant mutually agree to
a later date.
Notice of intention to consider the application shall be given as provided in
Sections 65090 and 65091 of the Government Code. In addition, if the
application is being processed together with the development project, notice
of such intention shall be given as required for consideration of the
development project. If the development project is located within the ggastal
zone, a coastal. development permit is required. If the site of the
development agreement. is in .the coastal zone_and the proposed velgpen
agreement is inconsistent with the certified Local Coastal Program. the
development agreement shall not become effective unless and until a Local_
Coastal Program. amendment is approved and effectively certified by the Coa5_tsal
Coission.
246.10 Planning Commission Action
After the public hearing is closed, the Commission shall determine whether the
agreement is consistent with the General Plan and if the Site of the
Jevelopment agreement is located-within the coastal zone, the LQQs1l Coastal
Program, and, on the basis of such findings, shall recommend either approval ,
modification, or disapproval of the proposed development agreement. The
Commission shall transmit its recommendation and the development agreement to
the City Council within 30 days and 30 days prior to the public hearing by the
City Council .
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 18
246.12 City Council. Action
C. 1 . After considering the Planning Commissi.on` s review that the
agreement is consistent with the General Plan and with any
Specific Plan, and if the site of the development agreement is
located within the coastal zone, with the Local Coastal Program;
Chapter 247 Amendments
247.06 Public Hearing Scope and Notice
A. Scope. The Director shall set a date, time, and place for the public
hearing and prepare a report to the Planning Commission on an
application for a zoning amendment describing the area, standard or
provision to be considered for change and, -if warranted, proposing
alternative amendments. The notice shall also state whether an-
amendment to the Local Coastal Program is required. The hearings
will be held within sixty (60) days after final environmental
evaluation.
247 l Local Com tal Program' Amendments
The City Council may amend all or part of the local coastal program but the
amendment will not take effect until it has been effectively certified by the
Coastal Commission Any General Plan element or s ep cifig plan or ordinance of
the City that is applicable to the same areas or matters affected by a local
coastal program amendment must be reviewed and amended as necessary to provide
consistency with the remainder of the Local Coastal Program.
A. An amendment to the Local Coastal Program may be initiated by one of
the following:
S1)_ A resolution of intention initiated by the Planning Commission:
A resolution of intention initiated try the City Council
di rgcti nu -the Planning_ Comsm ss i on to initiate an amendment;
S� An application from a property owner or his/her authorized agent
provided that such application involves the development_ or
modification of property located within the area affected by
such amendment.
LBI Planning Commission Action On Amendments .
JU Upon receipt in proper form of a completed amendment application
or fly adop ed resolution of intention, and following any
necessary investigation. a public hearing before thg Planning
Commission must be held and notice of such hearing given
consistent with Section 13515 of the California Cod of
Regulations.
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 19
The Planning mmi i n must make a wri n recommendation n
the pra osed amendment whether to approve. approve in mg�ifi.ed
form; or disapprve.
Planning Commi sign action recommending that the _prop4sed Local
Coastal Program amendment be apprQved-.--approvedin modified form
or denied must be considered for adoption by the City Council ..
(C) City Council A i n gn Amendments.
The recommendation of the Planning Commission must be acted upon
the City Council . A public hearing on the amendment -shall be
conducted after first giving notice of the hearing pursuant to
Section 13515 Of the California Code of Regulations.__ The City
-Council may approve, approve with modifications. or disapprove any
amendment.
City Council Submittal for Coastal Commission Action on-Amendments.
Any proposed amendment to the Local Coastal Program Shall not take
effect until it has been certified by the Coastal Commission. An
amendment approved by the, City shall be submitted to the .Coastal
Commission in accordan m wi h Sectigns 30512 acid 30513 of the Publ_i
Resou, ces- Code An amendment to this Local Coastal Program as
_certified by the California Coastal Commission shall not become
effective after City Council adoption until the amendment J�
submitted pursuant to the requirements of Section 13551 et Seq. of
the California Code of Regulations and also certified by the
California Coastal Commission pursuant to Chapter 5. Article -2 of the
Californial A
SE. Qity CgMncil Denial f Amen men ment Request
A denial by the City Council on an amendment request shall be
final and no appeal to the Coastal Commission shall be allowed
except as provided by subsection (E)(2).of this section:
i Pursuant to .Section 30515 of the Coastal Act any person--or
Agency authorized to undertake a public works proiect or major
energy facility development, who was denied .a request to amend
the Local Coastal Program, may file the request for amendment
with the Coastal Commission.
Ste. Fees
T,he City Council . by resolution, shall establish and from time to
time amend a schedule of fees imposed for any amendment to the Local
Coastal Program.
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 20
Chapter 248 Notices, Hearings;. F_indings,.:Decisions and Appeals
248 Director' s .Duty to Give Notice
U�
U' . These notice requirements are declaratory of existing law. If state law
prescribes a different notice requirement, notice shall be given in that
manner. A reviewing body designated to hear a matter may direct that notice
be given in a manner that exceeds the notice requirement prescribed by state
law. Pu lic notice requirements for coastal development permits shall
described in Section 245.2Q or 245.22.
248.16 Finality of Decision and Time for Appeal
A decision on a discretionary approval is not final until the time for appeal
expires. The.time for appeal from a decision by the Zoning Administrator, the
Environmental Assessment Committee, Subdivision Committee, Design Review
Board, or the Planning Commission shall be filed within ten calendar days
after the date of the decision. Appeals may not be processed on actions which
must be heard by and receive final action by the City Council , except that
coastal development permits for development located in the appealable area of
the coastal zone may be appealed to the Coastal Commission as, described in
Section 245.32. .
248.18 Designation of Hearing Body on Appeal
The Planning Commission shall hear an appeal from the decision of the
director, Zoning Administrator, Design Review Board, Environmental Assessment
Committee, and Subdivision Committee. The City Council shall hear an appeal
from the decision of the Planning Commission. The decision of the City
Council is final , except that coal al development permits for development
located in the appealable area of the coastal zone may be apeealPd to the
Coastal Commission._
248.30 Effective Date of Decision
A decision on a discretionary approval becomes effective at the end of the
appeal .period. The decision. of ..the City Council is .final .on the date. of its
decision. except that decisions on coastal development permits -for development
located in the appealable areaf the coastal zone the effective t i h
day after the Coastal Commi5sion appeal peri-od expire5n no appealswere
filed or the date upon which final action on the appeal gccgr$.._
TITLE 25 SUBDIVISIONS
Chapter 250 General Provisions
250.04 Consistency
No land shall be subdivided and developed for any purpose that is inconsistent
with the Huntington Beach General Plan, the Local Coastal Program for
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 21
development within the coastal zone. or any applicable specific plan of the
City .or that is not permitted by Titles 20 — 24, Zoning, or other applicable
provisions of this Code;
The type and intensity of land use as shown on the General' Plan and Local
- Coastal Program for land within the coastal zone and any applicable specific
plan shall determine, together with the requirements of the Subdivision Map
Act and this Title, the type of streets, roads, highways, utilities, and other
public services that the subdivider shall provide.
250.06 Applicability
The provisions set forth in this Title shall apply to all or parts of
subdivisions within the City and to the preparation of subdivision maps and to
other maps provided for by the Subdivision Map Act and this Title after the
effective date of this Title. All subdivisions and any part thereof lying
within the City shall be made and all subdivision maps shall be prepared and
presented for approval as provided for in this chapter.
All subdivisions and lot line adjustments located within the coastal zone that
meet the definition of development as defined in Section 245 04(d) shall
require approval of a coastal development permit.
250:10 Defi nl ti ons
For the purposes of this Title, unless otherwise apparent from the context,
certain words and phrases used in this Title are defined in this section as
set forth below. All definitions provided in Chapters 1 .04. 245.04. and 203
of the Municipal Code and all definitions provided in the Subdivision Map Act
shall also be applicable to this Title and said definitions are hereby
incorporated by this reference as though fully set forth herein.
250.12 Responsibilities
G. Subdivision Committee. The Subdivision Committee's responsibilities
shall include examining and determining that tentative and vesting
tentative maps comply .with the provisions of. the Subdivisions Map
Act,. this Title, the Local -Coastal Program for maps:located within
the coastal zone. and recommending approval , disapproval , or
conditional approval of tentative or vesting tentative maps to the
Planning Commission or Zoning Administrator.
H. Coastal Commission. The Coastal Commission shall have apeal
jurisdiction over coastal development permits approved for all
subdivisions and lot line adjustments located within the appeal4ble
area of the coastal zone that constitute development as defined in
Section 245.04 (D .
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 22
APPENDIX A
SUGGESTED MODIFICATIONS TO HUNTINGTON BEACH LCP AMENDMENT 1-95
PUBLIC ACCESS IMPLEMENTATION
r
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 23
APPENDIX A
SUGGESTED MODIFICATIONS TO HUNTINGTON BEACH LCP AMENDMENT 1--95
ACCESS IMPLEMENTATION
Insert in Coastal Zone Overlay District as new Section 221 .36.
(Note: Entire ordinance should appear in underline but has not been provided
in underline form for the ease of the reader.)
ARTICLE 1 . APPLICABILITY
Section 1 Purpose.
The purpose of this Chapter includes the following:
(a) To achieve the basic state goals of maximizing public access to the coast
and public recreational opportunities, as set forth in the California Coastal
Act codified. at section 30000 through '30900 of the California Public. Resource.s
Code. Section 30001 .5(c) states that public access both to and. along the
shoreline shall be maximized consistent with sound resource conservation
principles and constitutionally protected rights of private property owners;
(b) To implement the public access and recreation policies of Chapter 3 of
the Coastal Act (Section 30210 - 30255) ; and
(c) To implement the certified land use plan of the Local Coastal Program
which is required by Section 30500(a) of the Coastal Act to include a specific
public access component to assure that maximum public access to the coast and
public recreation areas is provided.
(d) In achieving these purposes, this ordinance shall be given the most
liberal construction possible so that public access to the navigable waters
shall always be provided and protected consistent with the goals, objectives
and policies of the California Coastal Act and Article X, Section 4, of the
Cali.fornia. Con.stitution..
`Section 2 Definitions
The following definitions shall govern the implementation of the public access
requirements of the Coastal Act and this public access ordinance.
(a) Development
The placement or erection of any solid material or structure on land, in or
under water; discharge or disposal of any materials; grading, removing,
dredging, mining, or extraction of any materials; change in the density or
intensity of use of land, including, but not limited to, subdivision pursuant
to Section 66410 of the Government Code, and any other division of land,
including lot splits , except where the land division is brought about in
connection with the purchase of such land by a public agency for public
Ordinance No. 3334
1
Y -
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 24
recreational use; and change in the intensity of use of water, or access
thereto; construction, reconstruction, demolition, or alteration of the size
of any structure, including any facility of any private, public, or municipal
utility;. and;,the.,..removal or harvesting of major vegetation:
As used in this section "structure" includes but is not limited to, any
building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and
electrical power transmission and distribution line.
(b)New development
For purposes of implementing the public access requirements of Public
Resources Code Section 30212 and of this ordinance, "new development" includes
"development: as defined in (a) above except the following:
(1 ) Structures destroyed by natural disaster
The replacement of any structure, other than a public works facility,
destroyed by a disaster; provided that the replacement structure conforms
to applicable existing zoning requirements, is for the same use as the
destroyed structure, does not exceed either the floor area, height, or
bulk of the destroyed structure by more than 10%, and is sited in the same
location on the-affected property as the destroyed .structure. As used .in
this 'section', "disaster" gleans any. situation in which the force or forces
which destroyed the structure to be replaced were beyond the 'control of
the owners.
(2) Demolition and Reconstruction
The demolition and reconstruction of a single—family residence; provided
that the reconstructed residence shall not exceed either the floor area,
height or bulk of the former structure by more than 10 percent, and that
the reconstructed residence shall be sited in the same location on the
affected property as the former structure.
(3) Improvements
Improvements to any structure which do not change the intensity of Ats
u.se, which do not :1ncrease ..either the floor area, height or bulk of the.
structure by more than 10 percent, which do not block or impede access,
and which do not result in a seaward encroachment by the structure.
(4) Repair and Maintenance
Repair and maintenance activity which, pursuant to Public Resources Code
Section 30610, requires no permit unless the activity will have an adverse
impact on lateral public access along the beach.
(5) Reconstruction and Repair
The reconstruction or repair of any seawall ; provided that the
reconstructed or repaired seawall is not seaward of the location of the
former structure. As used in this section, "reconstruction or repair" of
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 25
a seawall shall not include replacement by a different type of structure
or other modification in design or construction which results in different
or greater. -impacts to. shoreline:resources than- those of. the existing .
structure.
(c) Sea
The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes,
sloughs , and other areas subject to tidal action through any connection with
the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks
and flood control and drainage channels.
(d) Types of Public Access and Recreation
(1 ) Lateral public access: provides public access and use along or
parallel to the sea.
(2) Bluff top access: provides public access and coastal viewing along a
coastal bluff top area.
(3) Vertical access: provides a public access connection between the
first public road, trail , or public use area nearest the sea and the
publicly owned tidelands or -established access.
(4) Trail Access: provides public access along a coastal recreational
path, including to and along lakes, rivers, streams, freshwater marshes,
significant habitat and open space areas or similar resource areas, and
which also may link inland recreational facilities to the shoreline.
(5) Recreational Access: provides public access to coastal recreational
resources through means other than those listed above, including but not
limited to parking facilities, viewing platforms and blufftop parks.
(e) Character of Accessway Use
(1 ) Pass and Repass
Refers to the right of the public to walk and run along an acc'essway.
Because this use limitation can substan:tially.restrict .the public`s
ability to enjoy adjacent publicly owned tidelands by restricting the
potential use of lateral accessways, it will be applied only in connection
with vertical access or other types of access where the findings required
by Sections 15 and 18 establish that the limitation is necessary to
protect natural habitat values, topographic features (such as eroding
bluffs) , or privacy of the landowner.
(2) Passive Recreational Use
Refers to the right of the public to conduct activities normally
associated with beach use, such as walking, swimming, jogging, sunbathing,
fishing, surfing, picnicking, but not including organized sports,
campfires , or vehicular access other than for emergencies or maintenance.
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 26
(3).. .Active Recreational Use
Refers to the right of the. public to conduct : i:he full range of
beach-oriented activities, not Including horseback riding and use of
motorized vehicles unless specifically authorized.
Section 3.0 Access Required.
As a condition of approval and prior to issuance of a permit or other
authorization for any new development identified in (a) through (d) of this
section, except as provided in Section 4.0, an offer to dedicate an easement
(or other legal mechanism pursuant to Section 13(b)) for one or more of the
types of access identified in Section 5.0-8.0 shall be required and shall be
supported by findings required by Sections 15.0--17.0; provided that no such
condition of approval for coastal access shall be imposed if the analysis
required by Sections 15.0 (a) and (b) establishes that the development will
not adversely affect, either individually or cumulatively, the ability of the
public to reach and use public tidelands and coastal resources or that the
access dedication requirement will not alleviate the access burdens identified
or is not reasonably related to those burdens in both nature and extent.
(a) New development on ..a.ny parcel or location where public . access is
identified in the Land Use Plan as desirable.
(b) New development between the nearest public roadway and the sea.
(c) New development on any site where -there is substantial evidence of a
public right of access to the sea acquired through use or a public right of
access through legislative authorization.
(d) New development on any site where a trail , bluff top access or other
recreational access is necessary to mitigate impacts of the development on
public access.
Section 4.0 Exceptions
Section 2.0 shall apply except in the following instances:
(a) Projects excepted from the definition of "new development" in Section
3.0.
(b) Where findings required by Sections 15.0 and 16.0 establish any of the
following:
(1 ) Public access is inconsistent with the public safety, military _
security needs, or protection of fragile coastal resources;
(2) Adequate access exists nearby; or,
(3) Agriculture would be adversely affected.
(c) Exceptions identified in (b) shall be supported by written findings -
required by Section 17.0 of this ordinance.
ARTICLE 2
STANDARDS FOR APPLICATION QF ACCESS CONDITIONS
Section 5.0. Lateral pZblic access
Huntington Beach LCP Amendment 1--9�
Suggested Modifications
Page 27
(a)Minimum requirements. A condition to require lateral access as a
condition of approval of a coastal development permit (or other authorization
to proceed .with development) pursuant to Section 3.0 shall provide the public
with`the .permanent right of lateral• public access and passive .recreati.onal use
: along the shoreline (or public recreational area, bikeway,..or blufftop" area,
as applicable) ; provided that in some cases controls on the time, place and
manner of uses may be justified by site characteristics including sensitive
habitat values or fragile topographic features, or by the need to protect the
privacy of residential development.
Active recreational use may be appropriate in many cases where the
development is determined to be especially burdensome on public access.
Examples include cases where the burdens of the proposed project would
severely impact public recreational use of the shoreline, where the proposed
development is not one of the priority uses specified in Public Resources Code
Section 30222, where active recreational uses reflect the historic public use
of the site, where active recreational uses would be consistent with the use
of the proposed project, and where such uses would not significantly interfere
with the privacy of the landowner. In determining the appropriate character
of public use, findings shall be made on the specific factors enumerated in
Section 16.0. Lateral access shall be legally described as required in
Section 10.0.
Section 6.0. Vertical public access
(a) Minimum re it m` n 'A condition to `require vertical public access
as a condition of approval of a coastal development permit (or other
authorization to proceed with development) pursuant to Section 3.0 shall
provide the public with the permanent right of access, (1 ) located in specific
locations identified in the certified Local Coastal Program for future
vertical access, or (2) located in a site for which the local government has
reviewed an application for a development permit and has determined a vertical
accessway is required pursuant to the access and recreation policies of the
Coastal Act or the applicable provisions of the Local Coastal Program.
A condition to require vertical access as a condition of approval of a
coastal development permit (or other authorization to proceed with
development) shall provide the public with the permanent right of vertical
access and be limited to the public right of passive recreational use unless
another character of use is specified as a condition of the development. In
determining whether another character of use is appropriate, findings shall. be
made on the specific factors identified in Section 16.0
Each vertical accessway shall extend from the road to the shoreline (or
bluff edge) and shall be legally described as required in Section 10.0. The
access easement shall be a minimum of 10 feet wide If a residential
structure is proposed, the accessway should not be sited closer than 10 feet _
to the structure.
Section 7.0 Bluff top access
(a) Mini.mUm requirements. A condition to require public access along a
bluff top as a condition of approval of a coastal development permit (or other
authorization to proceed with development) pursuant to Section 3.0 shall
provide the public with the permanent right of scenic and visual access from
the bluff top to the public tidelands.
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 28
The bluff top access shall be limited to passive recreational use and
coastal viewing purposes unless another character of use is specified as a
condition of devel-opment. . in determining the appropriate character of use.
findings; shal.I be made on the -specific factors identified in Section 16:0;
Each bluff top accessway- shall' be described in'the conditions of approval
of the coastal development permit as an area beginning at the current bluff
edge extending 25 feet inland. However, the accessway shall not extend any
closer than 10 feet from an occupied residential structure. Due to the
potential for erosion of the bluff edge, the condition shall include a
mechanism that will cause the accessway to be adjusted inland as the edge
recedes. Any permanent improvements should be set back from the accessway by a
distance derived by multiplying the annual rate of blufftop retreat by the
life expectancy in years of the improvements.
The accessway shall be legally described as required in Section 10.0, with
the furthest inland extent of the area possible referenced as a distance .from
a fixed monument in the following manner:
"Such easement shall be feet wide located along the bluff top as
measured inland from the daily bluff edge. As the daily bluff top
edge may vary and move inland, the location -of this right of .way will
change over time with the then current bluff edge, but in no case
shall it extend any closer than feet from (a fixed inland
poi nt, •such. -as the .center]ine of. a public road- or. other easement
.monument) .
Section 8.0 Trail access
(a) Minimum requirements. A condition to require public access as a
condition of approval of a coastal development permit (or other authorization
to proceed with development) pursuant to Section 3.0 shall provide the public
with the permanent right of access and active recreational use, (1 ) along a
designated alignment of a coastal recreational path or trail in specific
locations identified in the LCP for implementation of trail access, or (2) in
locations where it has been determined that a trail access is required to link
recreational areas to the shoreline or provide alternative recreation and
access opportunities pursuant to the access and recreation policies of the LCP
and Coastal Act, consistent with other provisions of this chapter. In
determining if another character of 'use is. appropriate, findings, sha3l be made
on the specific factors enumerated in Section. 16.0. The. trail access shall be
legally described as required by Section 10.0.
Section 9.0 Protection of historic public use
(a) Siting and design requirements. Development shall be sited and -
designed in a manner which does not interfere with or diminish any public
right of access which may have been established based on historic public use.
Only when site constraints are so severe that siting of the accessway or
recreational use area in its historic location would significantly impair the
proposed development and alternative development siting is not feasible,
development may be sited in the area of public right of access based on
historic use provided that the applicant provides an equivalent area of public
access or recreation to and along the same destination and including the same
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 29
type and intensity of public use as previously existed on the site.
Mechanisms for guaranteeing the continued public use of the area or equivalent
area shall be required in accordance-,with Sections 5.0 through -B.0..above.
(b) 'Minimum requi-rements,: An.access :condition,r shall not serve to
extinguish or waive public prescriptive rights. In permits where evidence
shows the possibility of such prescriptive rights, the following language
shall be added to the access condition:
"Nothing in this condition shall be construed to constitute a
waiver of any prescriptive rights which may exist on the parcel
itself or on the designated easement."
Section 10.0 Legal de cription of an accessway: recordation
An access dedication required pursuant to Section 3.0 shall be described
in the condition of approval of the permit or other authorization for
development in a manner that provides the public, the property owner, and the
accepting agency with the maximum amount of certainty as to the location of
the accessway. As part of the condition of approval , easements shall be
described as follows: (1) for lateral access: along the entire width of the
property from the mean high tide line to (as applicable): the toe of the
bluff, the toe of the seawall , or other appropriate boundary such as
stringline or dripline; (2) for blufftop access or trail access: extending
inland from the bluff. edge or along the alignment. of.. a recreational trail _(3)
for vertical access: extending frod'the road to the shoreline (or bluff edge).
A privacy buffer provided pursuant to Section 12.0 shall be described; as
applicable.
Prior to the issuance of the coastal development permit or other
authorization for development, the landowner shall execute and record a
document in a form and content acceptable to the the Coastal Commission [or
local agency authorized pursuant to 14 Cal . Admin. Code Section 13574(b)3 ,
consistent with provisions of the Coastal development Permit ordinance,
irrevocably offering to dedicate to a public agency or private association
approved by the Coastal Commission [or local agency authorized by the
Commission pursuant to 14 Cal . Admin. Code Section 13574(b)] an easement for a
specific type of access and a specific character of use as applicable to the
particular condition.
The recorded document shall provide that the offer to dedicate shall not
be used or construed to allow anyone, prior to acceptance. of the dedication,
to interfere wi-th :any rights of public access acquired through.. use which may
exist on the property.
The recorded document shall include legal descriptions of both the
applicant' s entire parcel and the easement area and a map to scale. The offer
shall be recorded free of prior liens and any other encumbrances which the
Coastal Commission [or local agency authorized by the Commission] determines _
may affect the interest being conveyed. The offer to dedicate shall run with
the land in favor of the People of the State of California, binding all
successors and assignees, and shall be irrevocable for a period of 21 years,
such period running from the date of recording.
Section 11 .0 Management plan
(a) Minimum requirements. A management plan may be required in
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 30
conjunction with a dedication of public access in any case where there is
substantial evidence of potential conflicts between public access use and
other uses on or "immediately adjacent to the site... Examples include access in.
areas of sensitive habitats:, .agricultural resources or.si.gnificant: hazards, ..
or adjoining residential neighborhoods or military security areas. The plan
shall be prepared by the accepting agency and approved by the City prior to
the opening of the access to public use. Where applicable, the plan should
specify management controls on time and intensity of use, standards for
privacy buffers, and requirements for maintenance of aesthetic values through
such measures as litter control .
Section 12.0 Privacy buffers
(a) Minimum requirements. Separation between a public accessway and
adjacent residential use may be provided when necessary to protect the
landowner' s privacy or security as well as the public' s right to use of the
accessway. Any such buffer shall be provided within the development area.
Access should not be sited closer to any residential structure than 10 feet.
The buffer can be reduced where separation is achieved through landscaping,
fences or grade separation.
Section 13.0 Implementation
(a)IA dedicated accessway steal not be required to be opened to public use
until a public agency or'private 'association approved in accordance with
Section 10.0 agrees to accept responsibility for maintenance and liability of
. the access , except in cases where immediate public access is implemented
through a deed restriction.
(b) In any case where the size and character of a development would impose
very substantial burdens on public access, such as a large resort development
on the shoreline, and where the applicant has the capacity to operate and
maintain the accessway or recreation area, a deed restriction may be required
instead of an offer to dedicate in order to assure immediate public use of the
area and maintenance of the area by the applicant and successors in interest.
In any such case, all other applicable provisions of this ordinance shall
apply.
(c) Access facilities constructed on access easements (e.g. , walkways,
paved paths,.,boardwalks, 'etc.) .should be no wider. than .necessary to
accommodate the numbers and types. of users that can reasonably be expected.
Width of facilities can vary for ramps or paved walkways, depending on site
factors .
Section 14.0 Title infQrmation
As a requirement for any public access condition, prior to the issuance of
the permit or other authorization for development, the applicant shall be
required to furnish a title report and all necessary subordination
agreements. Title insurance may also be required where easements are being
granted. The amount of insurance shall reflect the estimated cost to acquire
an equivalent accessway or recreational use elsewhere in the vicinity. All
offers shall be made free of all encumberances which the approving authority
pursuant to Section 10.0 determines may affect the interest being conveyed. j
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 31
If any such interest exists which could erase the access easement, it must be
subordinated through a-written. and recorded agreement.
ARTIaE 3
REQUIRED FINDINGS and S PPORTING ANALYSIS FOR PUBLIC ACCESS DEDICATIONS
Section 15.0 Required overall finding$
Written findings of fact, analysis and conclusions addressing public
access must be included in support of all approvals, denials or conditional
approvals of projects between the first public road and the sea (whether
development or new development) and of all approvals or conditional approvals
of projects (whether development or new development) where an access
dedication is included in the project proposal or required as a condition of
approval . Such findings shall address the applicable factors identified by
Section 16.0 and shall reflect the specific level of detail specified, as
applicable. Findings supporting all such decisions shall include:
(a) A statement of the individual and cumulative burdens imposed on public
access and recreation opportunities based on applicable factors identified
pursuant to Section 16.0. The type of affected public access and recreation
opportunities shall be clearly described.
(.b) An analysis based on applicable factors. identified in Section 16.0 of
the necessity for requiring public access conditions to find th'e: project
consistent with the public access provisions of the Coastal Act.
(c) A description of the legitimate governmental interest furthered by any
access condition required.
(e) An explanation of how imposition of an access dedication requirement
alleviates the access burdens identified.
Section 16.0 Required project—specific findings
In determining any requirement for public access, including the type of
access and character of use, the City shall evaluate and document in written
findings the factors identified in subsections (a) through (e) , to the extent
applicable. The findings shall explain the basis for the conclusions and
decisions of the City and shall be supported by substantial evidence in the
record...; If an access dedication is required as a condition of approval , the
find ngs: shall explain .how the adverse effects which have been identified will
be alleviated or mitigated by the dedication. As used in this section,
"cumulative effect" means the effect of the individual project in combination
with the effects of past projects, other current projects, and probable future
projects, including development allowed under applicable planning and zoning.
(a) Proje.Ct effects on demand for access and recreation. Identification
of existing and open public access and coastal recreation areas and facilities
in the regional and local vicinity of the development. Analysis of the 3
project' s effects upon existing public access and recreation opportunities.
Analysis of the project' s cumulative effects upon the use and capacity of the
identified access and recreation opportunities, including public tidelands and
beach resources, and upon the capacity of major coastal roads from
subdivision, intensification or cumulative buildout. Projection of the
anticipated demand and need for increased coastal access and recreation
Ordinance No. 3334
r'
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 32
opportunities for the public. Analysis of the contribution of the projects
cumulative effects to any. such projected increase. Description of the
physical characteristics of the site and its proximity to the . sea, tideland
viewi-ng points upland recreation. areas, and trail linkages to tidelands or
recreation areas : ' Analysis of the importance and potential of the site,
because of its location or other characteristics, for-creating, preserving or
enhancing public access to tidelands or public recreation opportunities.
(b) Shoreline processes . Description of the existing shoreline
conditions , including beach profile, accessibility and useability of the
beach, history of erosion or accretion, character and sources of sand, wave
and sand movement, presence of shoreline protective structures, location of
the line of mean high tide during the season when the beach is at its
narrowest (generally during the late winter) and the proximity of that line to
existing structures , and any other factors which substantially characterize or
affect the shoreline processes at the site. Identification of anticipated
changes to shoreline processes and beach profile unrelated to the proposed
development. Description and analysis of any reasonably likely changes,
attributable to the primary and cumulative effects of the project, to: wave
and sand movement affecting beaches in the vicinity of the project; the
profile of the beach; the character, extent, accessibility and useability of
the beach; and any other factors which characterize or affect beaches in the
vicinity. Analysis of the effect of any identified changes of the project —
alone or in combination with other anticipated changes will have. upon the
ability. of the public to use public tide.lands and shoreline recreation areas.
(c) Historic public use. Evidence of"use of the site by -members of the
general public for a continuous five—year period (such use may be seasonal).
Evidence of the type and character of use made by the public (vertical ,
lateral , blufftop, etc. and for passive and/or active recreational use, etc.) .
Identification of any agency (or person) who has maintained and/or improved
the area subject to historic public use and the nature of the maintenance
performed and improvements made. Identification of the record owner of the
area historically used by the public and any attempts by the owner to prohibit
public use of the area, including the success or failure of those attempts.
Description of the potential for adverse impact on public use of the area from
the proposed development (including but not limited to, creation of physical
or psychological impediments to public use) .
(d) Physical obstructions. Description of any physical aspects of the
development which block or impede the ability of the public to gel: to or along
the tidelands, public recreation areas , or other public coastal resources or.
to see the shoreline.
(e) Other adverse impact a on access and recreation. Description of the
development' s physical proximity and relationship to the shoreline and any
public recreation area. Analysis of the extent to which buildings, walls,
signs, streets or other aspects of the development, individually or _
cumulatively, are likely to diminish the public' s use of tidelands or lands
committed to public recreation. Description of any alteration of the
aesthetic, visual or recreational value of public use areas, and of any
diminution of the quality or amount of recreational use of public lands which
may be attributable to the individual or cumulative effects of the development.
Section 17.0 Required findings for public access exceptions
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 33
Any determination that one of the exceptions of Section 4.0 applies to a
development shall be supported by written findings of fact, analysis and
conclusions: whi ch. address. all of the. fol1owing..
(a) The type of access potentially applicable to the site involved
(vertical , .lateral , :bluff top, etc and its'.location in relation to 'the
fragile coastal resource to be protected, the agricultural use, the public
safety concern, or the military facility which is the basis for the exception,
as applicable.
(b) Unavailability of any mitigating measures to manage the type,
character, intensity, hours, season or location of such use so that
agricultural resources, fragile coastal resources, public safety, or military
security, as applicable, are protected.
(c) Ability of the public, through another reasonable means, to reach the
same area of public tidelands as would be made accessible by an accessway on
the subject land.
Section 18.0 Findings for management plan conditions
Written findings in support of a condition requiring a management plan for
regulating the time and manner or character of public access use must address
the following factors, as applicable:
(a) Identification and protection of specific habitat values including
the.. reasons supporting :the conclusion that such values .mus_t be protected by
limiting the hours, seasons, or character of public .
use.
(o) Topographic constraints of the development site.
(c) Recreational needs of the public.
(d) Rights of privacy of the landowner which could not be mitigated by
setting the project back from the accessway or otherwise conditioning the
development.
(e) The requirements of the possible accepting agency, if an offer of
dedication is the mechanism for securing public access.
(f) Feasibility of adequate setbacks, fencing, landscaping, and other
methods as part of a management plan to regulate public use.
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 34
APPENDIX B
SUGGESTED MODIFICATIONS TO HUNTINGTON BEACH LCP AMENDMENT 1-95
CHAPTER 245 COASTAL DEVELOPMENT PERMIT
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 35
- - . APPENDIX B
SUGGESTED MODIFICATIONS TO HUNTINGTON BEACH LCP AMENDMENT 1-95
COASTAL DEVELOPMENT PERMIT CHAPTER 245
Following are the suggested modifications to Chapter 245; Coastal Development
Permit. They are included separately here for clarity. Strike—out indicates
deletions and underscoring indicates additions.
Chapter 245 Coastal Development Permit
245.04 Definitions
B. Appealable Area: That area between the sea and the first public road
paralleling the sea or within 300 feet of the inland extent of any
beach. or the mean high tide. line of the sea where there .is no .beach,
whichever is greater, tidelands: submerged lands, public trust lane'
that area within' 300 feet of the top of any coastal bluff, and that
area within 100 feet of any wetland, estuary, or stream.
E. Approving Authority: The Director, zoning Administrator, Planning
Commission, dt City Council or the -CoAstal Commission on appeal .
whichever approves a Coastal Development Permit.
H. Coastal Development Permit (CDP) : A permit issued by the City or the
California Coastal Commi_s�i.onn in accord with this chapter. A Coastal
Development Permit includes all application materials, plans and
conditions on which the approval is based.
J. Development: The placement or erection of any solid material or
structure on land, In or under water;. discharge or. disposal. of any
materials; grading, removing, dr in mining, r extrsICJign of any
materials; change in the density or intensity of use of land,
including, but not limited to, subdivision pursuant to IffIV 21
Section 6 410 of the Government Code, and any other division_of la
including lot splits. except where the land division is brought about
in connect! n with the purchase of such land by a public agency for
public recreational use: and change in the intensity of use of water,
or access thereto; construction, reconstruction, demolition, or
alteration of the size of any structure, including any facility of
any private, public, or municipal utility; and the removal or
harvesting of major vegetation.
K. Exclusion Areas: The geographic areas of the coastal zone of the
City except for tide and submerged lands, beaches and lots
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 36
immediately adjacent to the inland extent of any beach, or of the
mean high tide line of the sea where there is no beach, in a wetland.
estuary. stream, river-or within 100 feet of such areas. or any areas
defined as °environment.ally sensitive habitats' or their buffers by
the certified Land Use Plan and so designated on theLanlUsP .Ply
maps, or on slopes _greater than 20%. and all areas within 300_feet of
the top of the seaward face of any coastal bluff. and all lands and
waters subject or potentially subject to the public trust.
L. Local Coastal Program (LCP) : The City' s land—use plans, zoning
ordinance, zoning map, and implementing actions certified by the
Coastal Commission pursUant to the
Coastal Act and adopted by the City Council for the purpose of
carrying out the provisions of the Coastal Act.
245.06 Permit Required
Any person, partnership, or corporation, or state or local government agency
wishing to undertake i development in the U101 tIft coastal zone shall
obtain a Coastal Development Permit in accord with the provisions of this
chapter, unless exempt or categorically excluded. Such permit must be issued
prior to the start of development and shall be required in addition to any
other permits or approvals required by the City.
All development within the coastal zone requires a coastal development._permit
unless specifically exempted or excluded. After—certification of the LCP, the
.City shall issue all coastal development permits for development not located
within the Coastal Commission' s original permit jurisdiction. The Coastal
Commission' s original permit jurisdiction includes all tidelands. submerged
lands. or public trust lands whether filled or unfilled unless the Coastal
-Commission has delegated original permit jurisdiction to the City for- areas
potentially subject to the public trust but which are determined by_.the
Coastal Commission to be filled, developed. and committed to UrbsIn use
pursuant-to Section 30613 of the Coastal Act. Development located in the
Co4stdl Commission' s original permit Jurisdiction requires approval of a
coastal development permit issued by the Coastal Commission in accordance with
the ro d re as specified by the California Coastal Act.
245.08 Exemptions
A. Any significantl r i n of land form form5 in luding r m v l _Q r
placement of vegetation, on a beach, _.wetland or sand dune, or
within 50 feet of the edge of the coastal bluff.
b. Any addition to a structure where the coastal development permit
issued for the on final 5tructurg by the City r Qo4stal
Commission indicated that, any future, additions would require a
coastal development permit
.
E. Replacement of Destroyed Structures. The replacement of any
structure, other than a public works facility, destroyed by natural
disaster is exempt, provided such replacement structure conforms to
Huntington Beach ECP Amendment 1-95
Suggested Modifications
Page 37
applicable current zoning regulations, is designed and intended for
the same use as .the destroyed structure, does not exceed the floor
f?;* area.a,''height or. bulk of the destroyed structure by more than 10
percent- and .i's :sited in the -same Io'cation on the same.,bui l ding site
as the destroyed structure.-
1 As u$ed in this subdivision:
_ ,. "Disaster" means any situation in which the force or forces ,
which destroyed the structure to be replaced were beyond
the control of its owner.
#� "Bulk" means total interior cubic volume as measured from
the exterior surface of the structure.
-cl "Structure" includes landscaping and any erosion control
structure or device which is similar to that which existed
prior to the occurrence of the disaster.
G. Ongoing Repair and Maintenance By Public Agencies and Utilities.
Ongoing routine repair and maintenance activities of public agencies
and public utilities as described in "Repair. Maintenance and _Utility
Hook—Up Exclusions from Permit Requirements". adopted :by the..
California ,Coastai CQmmission `on September 5. 1978. are exempt,
provided no new roads are constructed, grading or clearing an -
undisturbed area does not exceed 500 square feet, no trees exceeding
12 dbh are removed, or the height or bulk of an existing structure
will not be altered.
Add new section J. Temporary Events as follows:
Temporary Events.
I . A temporary event is an activity or use that constitutes
development as defined in Section 2 45.04 J of this Chapter: and is an
activity or function which does not exceed a two week period on a
continual basis, or does not exceed a consecutive four month period
on an intermittent basis• and involves the placement of fion—kermanent
structures (including but not limited to bleachers -perimeter
fencing, vendor tents/canopies, judging stands. trailers , portable
toilets. sound/video equipment. stjaes. platforms, etc. , which do not
involve grading or landform alteration for instillation) : and/or
exclusive use of a sandy beach parkland filled tidelands, water
streets or parking area which is otherwise open end avail4ble for
general public Use.
2_. Exclusive use means a use that precludes use _in the area of the
event for public recreation beach access or access to coastal waters
other than for or through the event itself. Sandy beach area
includes publicly owned and privately owned sandy areas fronting on
coastal waters regardless of the existence Qf potential prescri ttiixe
rights or a public trust interest Coastal resources include, but
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 38
are not limited to public access opportunities. visitor and
creational 'facilities. water-oriented activities. marine resources.
biological resources. environmentally sensitive habitat areas.
- - agricultural lands and archa.eological -or` paleontological resources.
3. Except as provided in section 4 below, the Director of Commu-nily
Development shall exclude from_coastal developmentpermit
requirement5 all temporary events except those which meet dl_1_ of the
fgllowina criteria:
al It is held between Memorial Day weekend and Labor Day: and
It occupies all or a portion of a sandy beach area: and,
-cl It involves a charge for general public admission or. seating-
_where no fee is currently charged for use of the same area (not
including booth gr entry f
Only temporary events meeting all of the above criteria -shall require
coastal development permi r vi w however.
The Director of Community Development may also exclude from permit
-requirements temporary, events meeting all of the -abge criteria when:
The 'fee is for preferred seating only and more than 75% of the
provided seating capacity is available free of charge for
general public use: or,
gZ The event is held n sandy bah area in a remQtq location wi h
minimal demand for public use and there is no potential for
adversg effect on-sensitive coastal resources or,
11 The event is less than one day in duration: or,
g The event has previously received a coa-stal Qpmpnir _permit
and will be held in the same location, at a s-i_milar 5ea5Q2,_san
for the same duration, with operating and environmental
conditions substantially the same as those associate wi't*hte
previously-approvedevent.
4_ The Director of Community Development or the City Council _hrQugh
direction to the Director of Community Development, may determine
that a temporary event shall be subject to coastal developmentpermit
review, even if the criteria in Section 3. are not met. if_the_ -
Director ,or City Council determines that unique or changing,
circumstances exist relative to a particular temporary event that
have the potential for significant adverse impacts on coastal
resources. Such circumstances may--include t<he_ fgllgwing:
a The event. either individually or tggeiher with other temporary
events scheduled before or after_ e part_i_c_t�lar__event. precludes
the gener la public from use of a public recreational area for a
significant period of time:
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 39
The event and its as�$gCiated activities or access requirements
wi.11 either directly or- indirectly impact_gnv�ironmentallx
sensitive habitat areas. rare. or- endangered species, significant
scenic' resources—�Qr other coaxal resources as described in
Section 2. :
LI The event is scheduled between Memorisll Day weekend and Labor
Day and would restrict public use of roadways or parking areas
or otherwise significantly impact public use or access to
coastal waters:
The event has historically required a coastal developmentpermit
to address and monitor associated-_impacts to coastal resources.
Delete: 245.08 F. Public Service Emergency Measures
and replace with new Section 245.07 Emergency Coastal Development Permit as
follows:
245.07 Em --men 1 Development Permit
In the event of a.verified emergency_. tempprs.ry emergency authorization to
r eed'with r me` ial me ores may be given b the director f i�muni
development` orMs/her- designee until such time as a "full coastal dgvelppmgnt
permit li i n shall be filed.
A. Application. Application shall be made to_-the director of community
development 1 rif time allows. rin person or by talephgnp,
if time does not allow. The information, to.,he reported at the time
of the emergency or within three days after the emergency, shall
include the following:
1) Nature of the emergency:
Cause of the emergency insofar as this can be established:
Location of the emRrggncy_f
4 The remedial , protective— o-r_preventi ve work required to deal
with the emergency:
51 The circumstances during the emergency that appeared to justify
the cause(s) of action_taken,_ including the probable, _
c�ns_eauences of failing_ to take action.
B. Limitations. The director of Community Development shall not grant
an emergency coastal development permit for any development that
fall s._wi.thi n an area in which .the oastal Commission retains direct,
permit review authority, qr f!2r any development that ,1,.5 appealablg to
the Coastal Commission. In $Ueh areas and for such developments. a
request for an emergency--autherization must be made to the Coastal
Commission.
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 40
=f In addition, a waiver for a coastal development emerggncy.. .permit
may be obtained from .the Coastal Commission exec-uivg director
. fQr development that is `requi red-to_-proteclife u pub l i c
r in r n with i n 11 f h l A
r'
DNoticing. The it r of Community DevelQpment shallvide notice
of the proposed emergen
-cy action. The extent and type of the-notice
shall be determined on the basis of the nature of the--emergency. If
the-nature of he emergency doesnot allow 5Uffigigni timefor public
notice iv n before them r n work begins, thedirector of
Community Development -shall provide public notice of the action
taken. or being taken, as soon as is practical . Publi_c-notice_ of the
nature of the emergency and the remedial actions to be taken-shall be
Posted on the site in a conspicuous place and mailed to all persons
the director of Community Development h
-as reason tq know would be
interested in such action and to the_Coastal Commission.
D. Findings and Conditions. The director of Community Development may
grant an emergency coastal development permit upon reasonable terms
and conditions which shall include an expiration_ date and the
necessity for a regular permit application -later, if the director of
Community Developmenj finds that:
-
1� An emer enc exists that reqUires. action mor "quickly' than
Permitted by the procedures for a coastal development permit and
the work can and will be completed within thirty days-u_nle5s
otherwise specified fied by the terms of the permit:
21 Public comment on the proposed emergency action has n
reviewed. if time allows:
31 The work proposed would be consistent with the requirements of
the certified Local Coastal Program.
E. Expiration of Emergency Permit. An emergency permit shall be valid
for sixty days from the date of issuance by the director of_Community
DevglQpment. Prior to expirsiti6n of thg emer n�y p
_Qrmit. the
Permittee .must submit a regular coastal development permit
application for the development even if only to remove the
development undertaken pursuant to the emergency permit and restore
the site to its previous condition.
F. Report to City Council and Coastal Commission. The director of -
Community Development shall report in writing and orally. the
granting of an emergency permit to the City Council at its next
Scheduled meeting, and to the Coastal Commission. The report shall
include a description of the nature of the emergency, the development
involved. and the person or entity undertaking_ the development.
Copies of the report shall be availatle at the meeting and shall be
mailed to the Coastal Commission and to sIll persons requesting such
notification f local 1 developmen isi n .
3
T ! +
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 41
�W
. H. Mi-nor Devel opments-.and Mi$Qgl 1 ah6ous Activities
Be we the' following. activities' do hi t constitute development as' defined
in ',section 245.04 3, they are exempt from coastal develo m2 ent permit{
requirements:
1 . Revocation of permits in accordance with applicable provisions of this
code.
2. Home occupation permits in conformance with the applicable provisions
of this code.
3. Leases.
4. Issuance of building permits.
5. Issuance of building licenses.
6. Approval of final subdivision maps.
7. Approval of individual. utility service conne-ctio'ns 'and discannec ions.
:
The remainder of activities listed under 245.08 H should be moved to
section 245.10 E Minor Development.
I . Miscellaneous Activities
Move to new section 245.9.1 'Categorical Exclusions Miscellaneous Activities
245. 10 Categorical Exclusions
Pursuant to Huntington Beach Categorical Exclusion Order E-84-2 ap roved by
the California Coastal Commission on March 1 1985. 7the following specific `
categories wi_thi'n specific. geographical ar-eas (exclusion areas) as shown on :a
map approved by the California Coastal Commission will not require a coastal
development permit. A current record of all permits issued for
categorically-excluded developments shall be available for public and Coastal
Commission review and shall contain the name of applicant. location (street
address and assessor's parcel number of property on which development is -
p_ro osed) , and brief description of the Ot6jitt develo ment, dslte of
application of other local permit(s) all terms and conditions of development
imposed by the City in granting its approval the site plan and vicinity_ map
of the development.
P uant to California Code of Regulations section 13243 any change to the
categori-cal exclusion order requires -ction by the California Co45tal
Commission on the categorical exclusion The categorical exclusion order
...
Ordinance No. 3334
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 42
cannot be mad_ified through change_s__to the _LCP alone. A request for amendment
to a categorical exclusion order shall be processed pursuant to California
Code of Regulations 5ert,igns 13241 — 13245.
A. Permitted uses (excluding-5:245.08A) within..RL, RM, RMH, and PH i9d
IIK—districts which are consistent with the zoning provisions of
this code and do not require any discretionary review.
Add new section 245.23 as follows:
2. 45.23 Waiver of Public Hearing for Minor Development
The City f HUnjingtQnBeach m waive h requirement- for--a public
hearing on a coastal develo mpermi_t_application for minor development
only if bgth h f ll win r:
1) Notice that a public hearing shall be held.. upon request by any
person is provided to all persons who would otherwise be required to
be notified of a public hearing as well as any other persons known to
be interested in receiving notice.
2) No request -for-public hearing is received by the local government .
within 15 working days from_the-date of Lending—the notice pursuant.
to paragraph'(1 }}
(op) The notice provided pursuant to subdivision (b) shall include a
statement that failure by a person to request a public hearing may result
inthe—loss of that person'_s ability_to appeal to the Coastal Commission
any action taken by the City on a coastal developmentpermit application.
Lc For purposes of this section, "minor development" means a develo mp ent
wh Lh_ the City determines satisfies all of the following_requirements:
1 ) Is consistent with the cer ified_Local Coastal Program.
2 _Requires no discretionary approvals other than a coastal
devglo ment permit.
_3) Has no adverse effect either i ndi vi dually orcumulatively on
Lustal resources or public access to the shoreline or along the
coast
245.24 Notice of City Action
C. Effective Date of City Action. The City' s final decision on an
application for an appealable development shall become effective
iftetIf UlteA on the eleventh iooeill�etfdd/td/tKe
CWUMA/KaV iol'ted working day after the Coastal Commission
has received notice of the completed City action in accordance with
245.24 B unless either of the following occur:
Huntington Beach LCP Amendment 1-95
Suggested Modifications
Page 43
1 : -An::appeal . is filed in .accordance-with this chapter,
.2. The notice. of final City action does not meet the requirements
of this chapter.,.
245.32 Appeals
A. Action by the Zoning Administrator or Planning Commission to approve,
conditionally approve, or deny any Coastal Development Permit may be
appealed on or before the tenth working day following such action.
Action by the Zoning Administrator may be appealed to the Planning
Commission. Action by the Planning Commission may be appealed dAlt
to the City Council .
Actions by the Zoning Administrator. Planning Commission. or City
Council to approve or condtionl_1_y__approve development located
within the appealable ar�4 Qf the oa$tal zone m4y be appealed
d,i.re�tly to the Coastal Commission. if a fee is charged for local
appeal . Approval . conditional approval , or denial of a coastal
development permit for development located in the appealable area of
the coastal zone, h cgnstitutes a major public work5 prgjpctr
major energy facility may:-also _aealed_directly to the Coastal_
Comi ` ion i f a f i char for local 1 .
.B. Action by the City Council tdl �d�dfdiid�/ drShct3dr��lI�rl��b�d���i��/��
dtlddAt on a Coastal Development Permit for the following types of
development may be appealed to the Coastal Commission in accordance
with Coastal Commission provisions.
1 . Approvaldd or conditionally approv�Ll_dd of coastal
development- permits_ for developments located within the
_appealable area;
2. 61;'Approv_aldd, conditionally approvaldd, or denialdd Qf
coastal development permits for ONJAtft-development mR ent that
constitutes a major public works project or a major energy
-facility located in the appealable area of the coastal zone.
245.38 Permit Amendment
Upon application by the permittee, a Coastal Development Permit may be amended
by the approving authority. Application for and action on an amendment shall be accomplished in the same manner specified by this chapter for initial
approval of Coastal Development Permit. In addition, hearing notice shall be
given to any person who the Director ddfdf000i has reason to know would be
interested in the matter. Public hearing notice requirements for permit
amendments shall be the same as required for public hearings for the permit
application.
245.40 Procedures for Open Space Easements and Public Access
Delete entire section 245.40. This section is replaced with Section 221 .36.
6812F
Ord. No. 3334
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 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 reaular meeting thereof held on the 3rd of June,1996, and was again read to said
City Council at a regular meeting thereof held on the 16th of September, 1996,
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council. C'SAY C/erk s �I�Z'` id r� . ,t r'7`i geeor: 6-/o
�l a e a a(e prf+rl i f. C.oa.ai�
dfow$rtl 161e n
AYES: Councilmembers:
Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES: None
ABSENT: None
I,Connie Brockway CrTY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City Council,
do hereby certify that a synopsis of this ordinance has been
published in the Independent on
19� 1
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie B��rroo�ckway City Clerk of the City Council of the City
e� .�J G[P," Deputy Cily Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
September 25,1996
,i
ii-4TENTIONALLY
LEFT
BLANK
Av"
o"aa,