HomeMy WebLinkAboutOrdinance #3833 ORDINANCE NO. 3833
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 216 OF THE HUNTINGTON BEACH ZONING
CODE RELATING TO THE COASTAL CONSERVATION DISTRICT
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 216 of the Huntington Beach Zoning Code is hereby amended by
amending Section 216.02 to read as follows:
216.02 Purpose
The purpose of the CC Coastal Conservation District is to implement the General Plan
and Local Coastal Program land use designation of Open Space: Conservation; and
provide for the protection, maintenance, restoration and enhancement of wetlands and
environmentally sensitive habitat areas located within the Coastal Zone while allowing
for appropriate utilization to occur.
The CC District specifies permitted uses within areas with a CC zoning designation,
consistent with the California Coastal Act of 1976 (Division 20 of the Public Resources
Code),the General Plan and the Local Coastal Program Land Use Plan.
The application of the CC District is not intended to authorize, and shall not be construed
as authorizing the City of Huntington Beach to exercise its power in a manner which will
take or damage private property for public use. This zoning ordinance is not intended to
increase or decrease the rights of any owner of property under the constitution of the
State of California or the United States.
SECTION 2. Chapter 216 of the Huntington Beach Zoning Code is hereby amended by
amending Section 216.04 to read as follows:
216.04 Definitions
A. Energy Facility. Any public or private processing, producing, generating,
storing, transmitting, or recovering facility for electricity, natural gas,
petroleum, coal, or other source of energy.
B. Environmentally Sensitive (Habitat) Area. A wetland or any area in which
plant or animal life or their habitats are either rare or especially valuable
because of their special nature or role in an ecosystem and which could be
easily disturbed or degraded by human activities and developments.
C. Feasible. Capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic, social, and
technological factors.
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D. Functional Capacity. The ability of an environmentally sensitive area to be
self-sustaining and to maintain natural species diversity.
E. Significant Disru tp ion. Having a substantial adverse effect upon the
functional capacity.
F. Wetland. Lands within the.Coastal Zone which may be covered periodically
or permanently with shallow water and include saltwater marshes, freshwater
marshes, open or closed brackish water marshes, swamps, mudflats and fens
G. Coastal-dependent Development or Use: Any development or use which
requires a site on, or adjacent to,the sea to be able to function at all.
H. Resource Protection Area. Any area that consists of wetlands,
Environmentally Sensitive Habitat Areas, or a buffer, as are defined in the
City's Local Coastal Program.
SECTION 3. Chapter 216 of the Huntington Beach Zoning Code is hereby amended by
amending Section 216.08 to read as follows:
216.08 Permitted Uses and Structures
A. The following principal uses and structures shall be permitted in the CC
District where no feasible, less environmentally damaging alternative exists
and where feasible mitigation measures have been provided and are subject to
issuance of a conditional use permit by the Zoning Administrator. Said permit
shall insure that the uses are developed in a manner compatible with the
purpose of this District. Such permitted uses are:
1. Incidental public service projects such as, but not limited to,burying
cables and pipes.
2. Maintenance of existing streets and utility structures.
B. The extension of Hamilton Avenue shall be permitted between Beach
Boulevard and Newland Street. The precise alignment of Hamilton Avenue
shall not be approved without documentation that the least environmentally
damaging feasible alternative is the chosen alternative. Before the precise
alignment of Hamilton Avenue can be approved, an environmental impact
report shall be certified which addresses the alternative alignments for
Hamilton Avenue and the mitigation needs generated from each alternative.
The alternatives analysis shall include, at a minimum,the following:
1. Placing the roadway in an alignment which is most protective of wetland
habitats, including the construction of the road on pilings or bridging the
road over the wetlands, and
2. Limiting the width of the roadway by narrowing lanes and eliminating
shoulders, and
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3. Requiring full mitigation for any impacted wetlands.
No net loss of wetland shall occur. Any wetland which is filled or reduced in
productivity by the project will be replaced by restoring otherwise degraded or
non-functioning wetland as close as feasible to the project site.
C. The following uses and structures may be permitted in the CC District subject
to Planning Commission approval of a conditional use permit where there is
no feasible less environmentally damaging alternative and where feasible
mitigation measures have been provided.
1. New or expanded energy and coastal-dependent industrial facilities
where no feasible, less environmentally damaging alternative exists and
where consistent with the study titled Designation of Coastal Zone
Areas Where Construction of an Electric Power Plant Would Prevent
Achievement of the Objectives of the California Coastal Act of 1976
(re-adopted by the California Coastal Commission December 1985).
2. Diking, dredging and filling which are necessary for the protection,
maintenance, restoration or enhancement of the environmentally
sensitive habitat area's functional capacity.
3. Flood Control Facilities.
a. Maintenance of existing modified flood control facilities where the
primary purpose is to maintain existing flood control capacity and
where such maintenance is necessary for public safety or to protect
existing development where there is no other feasible method for
protecting structures in the flood plain. No maintenance activities
shall be permitted which have the effect of draining wetlands.
Maintenance activities may include: Maintenance dredging of less
than 100,000 cubic yards within a 12 month period; lining of
existing in-place artificial channels; increasing the height of
existing levees; or changes in the cross section of the interior
channel to accommodate the design capacity of existing channels
when no widening of the top dimensions or widening of the outer
levees is required.
b. Only in conjunction with restoration plans, new flood control
facilities where necessary for public safety and to protect existing
development where there is no other feasible method for protecting
structures in the flood plain.
4. Mineral extraction, including sand for restoring beaches, except in
environmentally sensitive areas.
5. Pedestrian trails and observation platforms for passive nature study; i.e.,
bird watching and the study of flora and fauna native to the site. Such
uses may be located within an environmentally sensitive habitat area
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Ordinance No. 3833
provided that said use(s) are immediately adjacent to the area's
peripheral edge.
6. Maintaining existing, or restoring previously dredged depths in existing
navigational channels, turning basins, vessel berthing and mooring areas,
and boat launching ramps.
7. Nature study, aquaculture, or similar resource dependent activities.
8. Habitat restoration projects.
9. For the portion of any parcel which is not designated Conservation under
the certified land use plan, any use authorized by and in conformance
with the CV District.
10. In addition to the above uses, coastal dependent industrial facilities shall
also be allowed even where inconsistent with other provisions of the
certified Local Coastal Program if:
a. To locate elsewhere is infeasible or causes greater environmental
damage and,
b. To do otherwise would adversely affect the public welfare and,
C. Adverse environmental effects are mitigated to the maximum
extent feasible and
d. Where findings consistent with Section 216.20 can be made.
D. Permitted uses, development requirements and restrictions applicable to development
within Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal Element Land
Use Plan are provided in the Coastal Element Land Use Plan, Table C-2.
Subdivision design and development within Subarea 4K shall incorporate the
information from the plans and studies required in Table C-2 for development of that
Subarea. If there is a conflict between the requirements and restrictions of Table C-2
and other provisions of the Zoning and Subdivision Ordinance, the requirements and
restrictions included in Table C-2 shall prevail.
216.18 Performance Standards
Before the coastal development permit can be issued,the project shall comply with the
following standards to the satisfaction of the Director:
A. Wetlands and environmentally sensitive habitat areas that are designated for
preservation after a permit hearing granting project approval on the property
shall be preserved through a conservation easement, deed restriction or other
similar mechanism consistent with Public Resources Code Section 30010.
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Ordinance No. 3833
Such easements or restrictions need not authorize any public right of access or
use. Exclusive use and possession of the area may remain with the applicant.
1. All feasible mitigation measures shall be incorporated into projects to
minimize adverse environmental effects.
a. If the project involves dredging, mitigation measures must include
the following:
(1) Dredging and spoils disposal must be planned and carried out
to avoid significant disruption to wetland habitats and to
water circulation;
(2) Limitations may be imposed on the timing of the operation,
the type of operation, the quantity of dredged material
removed, and the location of the spoil site;
(3) Dredge spoils suitable for beach replenishment shall, where
feasible,be transported to appropriate beaches or into
suitable longshore current systems;
(4) Other mitigation measures may include opening up areas to
tidal action, removing dikes, improving tidal flushing, or
other restoration measures.
b. If the project involves diking or filling of a wetland, the following
minimum mitigation measures shall apply. These mitigation
measures shall not be required for temporary or short-term fill or
diking if a bond or other evidence of financial responsibility is
provided to assure that restoration will be accomplished in the
shortest feasible time.
(1) If an appropriate restoration site is available, the applicant
shall submit a detailed restoration plan to the Director which
includes provisions for purchase and restoration of an
equivalent area of equal or greater biological productivity
and dedication of the land to a public agency or otherwise
permanently restricting its use for open space purposes. The
site shall be purchased before the dike or fill development
may proceed.
(2) The applicant may, in some cases,be permitted to open
equivalent areas to tidal action or provide other sources of
surface water. This method of mitigation is appropriate if the
applicant already owns filled, diked areas which themselves
are not environmentally sensitive habitat areas but may
become so, if such areas were opened to tidal action or
provided with other sources of surface water.
(3) If no appropriate restoration sites under options (1) and(2)
are available, the applicant shall pay an in-lieu fee,
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Ordinance No. 3833
determined by the City Council, which shall be of sufficient
value to an appropriate public agency for the purchase and
restoration of an area of equivalent productive value, or
equivalent surface area.
C. The third option above shall be allowed only if the applicant is
unable to find a willing seller of a potential restoration site. Since
the public agency may also face difficulties in acquiring
appropriate sites,the in-lieu fee shall reflect the additional costs of
acquisition, including litigation and attorney's fees, as well as the
cost of restoration, relocation and other costs. If the public
agency's restoration project is not already approved by the Coastal
Commission, the public agency may need to be a co-applicant for a
coastal development permit to provide adequate assurance that
conditions can be imposed to assure that the purchase of the
mitigation site shall occur prior to the issuance of the permit. In
addition, such restoration shall occur in the same general region
(e.g., within the same stream, lake, or estuary where the fill
occurred).
2. Any areas where vegetation is temporarily removed shall be replanted
with a native or an adaptable species in a quantity and quality equal to
the vegetation removed.
3. Pedestrian trails, observation platforms and other incidental structures
shall be designed to reduce disturbance of wildlife and vegetation;
examples of improvements so designed would be elevated walkways and
viewing platforms, and vegetative and structural barriers to decrease
disturbances from permitted uses and inhibit internal access.
4. Passive nature study uses shall include a program to control litter;
examples include litter containers and "no littering" signs posted in the
project area.
5. Environmentally sensitive habitat areas shall be restored and enhanced
to lessen the risk of flood damage to adjacent properties.
6. Any construction, alteration or other improvement shall generally be
carried out between September 15 and April 15 to avoid disturbing rare,
threatened, or endangered species which utilize the area for nesting.
This requirement shall not apply if it can be demonstrated to the
satisfaction of the Director that no such disturbance would occur, in
which case construction shall be timed to cause the least disturbance to
wetland dependent species; e.g., migratory waterfowl and shorebirds.
7. Construction/maintenance activities shall be carried out in areas of
minimal size. Preconstruction topography shall be restored subsequent
to the conclusion of the project unless such topography is to be altered to
conform with an approved restoration project.
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Ordinance No. 3833
8. A Habitat Management Plan shall be prepared and carried out for all
ESHA, wetland and buffer areas and provide for restoration,
enhancement, and perpetual conservation and management. Issues to be
addressed include,but are not limited to, methods to assure continuance
of a water source to feed all wetland areas, enhancement of habitats and
required buffer areas, restoration and enhancement of wetlands and
environmentally sensitive habitats and required buffer areas, and fuel
modification requirements to address fire hazard and avoid disruption of
habitat values in buffers.
The Habitat Management Plan shall identify goals, objectives and
performance standards; procedures and technical specifications for
wetland and upland planting; methodology and specifications for
removal of exotic species; soil engineering and soil amendment criteria;
identification of plant species and density; maintenance measures and
schedules; temporary irrigation measures; protective fencing both during
construction and post-construction; restoration success criteria; measures
to be implemented if success criteria are not met; and long-term adaptive
management of the restored areas for a period of not less than 10 years.
9. Protective fencing or barriers shall be installed along any interface with
developed areas, to deter human and pet entrance into all restored and
preserved wetland and ESHA buffer areas; however, access to
designated passive public recreational use areas shall be protected and
visual impact of any barriers from open space areas shall be minimized.
10. Conservation easements (or other instruments) that serve to permanently
protect the restored areas shall be recorded.
B. The applicant shall demonstrate that the functional capacity is maintained
or augmented through the criteria set out below unless relieved of any one
or more of these requirements by the California Department of Fish and
Game, and that the project does not significantly:
1. Alter existing plant and animal populations in a manner that would
impair the long-term stability of the ecosystem; i.e., natural species
diversity, abundance and composition are essentially unchanged as
a result of the project;
2. Harm or destroy a species or habitat that is rare or endangered;
3. Harm a species or habitat that is essential to the natural biological
function of a wetland or estuary;
4. Reduce consumptive (e.g., fishing, aquaculture and hunting) or
nonconsumptive (e.g., water quality and research opportunity)
values of a wetland or estuarian ecosystem.
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Ordinance No. 3833
C. If the proposed project involves restoration of a degraded wetland, the
applicant shall comply with California Public Resources Code
Sections 30411 and 30233 to the satisfaction of the Director.
D. Any areas that constituted wetlands or ESHA that are removed, altered,
filled or degraded as the result of activities carried out without
compliance with Coastal Act requirements shall be protected as required
by the City's Coastal Element Land Use Plan.
SECTION 5. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15th day of June , 2009.
ATTEST: 91��
4&.) 6011 Mayor
City Clerk V APPPcOVED AS TO FORM:
REVIEWt
ROVED:
City Attorney
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Citi/Adfni strator INITIATE AND PPROVED:
Director of PlAmiIng
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Ord. No. 3833
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN,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 regular
meeting thereof held on June 01,2009 and was again read to said City Council at a
regular meeting thereof held on June 15, 2009, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio,Dwyer, Green, Bohr, Coerper, Hardy
NOES: None
ABSENT: Hansen
ABSTAIN: None
I,Joan L.Flynn,CITY 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 Huntington Beach Fountain Valley
Independent on June 25,2009 ,
r.
In accordance with the City Charter of said City
'l pJoan L. Flynn, Qi1y Cie Cvy Clerk and ex-officio Jerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California