HomeMy WebLinkAboutOrdinance #3834 ORDINANCE NO. 3834
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 221 OF THE HUNTINGTON BEACH ZONING
CODE RELATING TO THE COASTAL ZONE OVERLAY DISTRICT
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by
amending the Sections listing to read as follows:
Sections:
221.02 Coastal Zone Overlay District Established
221.04 Zoning Map Designator
221.06 Requirements for Coastal Development Permit
221.07 Impermissible Alteration
221.08 Land Use Controls
221.10 Requirements for New Development Adjacent to Environmentally
Sensitive Habitat Area (ESHA)
221.12 Coastal Access and Public Use Areas, Signs Required
221.14 Preservation of Visual Resources
221.16 Community Facilities
221.17 Phasing
221.18 Diking, Dredging, and Filling
221.20 Hazards
221.22 Buffer Requirements
221.24 Energy Facilities
221.26 Residential Density Limitations
221.28 Maximum Height
221.30 Off-Street Parking Requirements
221.32 Landscaping
221.34 Signs
221.36 Public Access Implementation
SECTION 2. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by
adding Section 221.07 to read as follows:
221.07 Impermissible Alteration
Any area that constitutes wetlands or ESHA that has been removed, altered, filled or degraded as
a result of activities carried out without compliance with the California Coastal Act requirements
shall be protected as required by the City's Local Coastal Program Land Use Plan.
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SECTION 3. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by
amending Section 221.10 to read as follows:
221.10 Requirements for New Development Adjacent to Environmentally
Sensitive Habitat Area
As a condition of new development adjacent to a resource protection area, which includes any
wetland, Environmentally Sensitive Habitat Area(ESHA), associated buffers, land zoned
Coastal Conservation, as the same are defined in the City's Local Coastal Program, an applicant
shall comply with the requirements listed below.
These requirements shall be applicable to lots within new subdivisions as well as development
proposed on existing lots adjacent to an ESHA, wetlands, associated buffers, resource protection
areas or land zoned Coastal Conservation, unless otherwise indicated.
A. Landscape Plan shall be prepared that prohibits the planting, naturalization or
persistence of invasive plants, and encourages low-water plants, and plants
primarily native to coastal Orange County.
B. Domestic Animal Control Plan shall be prepared that details methods to be used
to prevent pets from entering any resource protection areas, including but not
limited to appropriate fencing and barrier plantings.
C. Pest Management Plan shall be prepared that, at a minimum,prohibits the use of
rodenticides, and restricts the use of pesticides, and herbicides in outdoor areas,
except necessary Vector Control conducted by the City or County.
D. All street lighting, exterior residential lighting and recreational lighting adjacent
to resource protection areas shall minimize impacts to wildlife within the resource
protection areas.
E. Covenants, Conditions and Restriction (CC&Rs) in a form approved by the Office
of the City Attorney shall be recorded specifying that landscaping for individual
housing lots and recreation areas that are directly adjacent to a resource projection
area shall not include any exotic invasive plant species. The CC&Rs shall be
binding on each of the lots, shall run with the land affected by the subdivision and
shall be included or incorporated by reference in every deed transferring one or
more of the lots in the subdivision.
F. The project applicant shall provide any buyer of a housing unit within the CZ
Overlay District an information packet that explains the sensitivity of the natural
habitats within or adjacent to the project site and the need to minimize impacts on
the designated resource protection area(s), and the prohibition on landscaping that
includes exotic invasive plant species on lots that are directly adjacent to a
resource protection area. The information packet shall include a copy of the
Domestic Animal Control Plan and Pest Management Plan and be required for all
sales of housing units pursuant to the CC&Rs.
G. Protective fencing or barriers shall be installed and maintained between the
resource protection areas and areas developed for homes or recreational use for
the purpose of minimizing human and domestic animal presence in resource
protection areas, including restored and preserved wetland and ESHA buffer
areas; however, public access to designated passive recreational use areas shall be
provided. Visual impacts created from any walls or barriers adjacent to open
space conservation and passive recreational use areas shall be minimized through
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provided. Visual impacts created from any walls or barriers adjacent to open
space conservation and passive recreational use areas shall be minimized through
measures such as open fencing/wall design, landscape screening, use of
undulating or off-set wall features, etc.
H. Uses allowed adjacent to designated Environmentally Sensitive Habitat Areas
shall assure the continuance of the habitat value and function of preserved and
restored wetlands and ESHA.
SECTION 4. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by
adding Section 221.17 to read as follows:
221.17 Phasing
The provision of public access and recreation benefits associated with private development(such
as but not limited to public accessways,public bike paths, habitat restoration and enhancement,
etc.) shall be phased such that the public benefit(s) are in place prior to or concurrent with the
private development but not later than occupation of any of the private development.
SECTION 5. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by
amending Section 221.20 to read as follows:
221.20 Hazards
As a condition of new development, the applicant shall be required to submit a report evaluating
geologic, seismic, flood and fire hazards, and shall be designed to:
A. Comply with all recommendations and provisions contained in the Alquist-Priolo
Special Studies Zones Act (California Public Resources Code Chapter 7.5) for
identified seismic hazards.
B. Comply with all provisions relating to the FP Floodplain Overlay District, if
applicable.
C. Comply with all provisions relating to Methane Districts as defined in Chapter
17.04.
D. Development in Subarea 4K as depicted in Figures C-6a, and C-10 of the Coastal
Element Land Use Plan, shall comply with the approved Hazard Mitigation and
Flood Protection Plan required in Table C-2 of the Coastal Element Land Use
Plan.
SECTION 6. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by
amending Section 221.32 to read as follows:
221.32 )Landscaping
All projects within the CZ Overlay District shall comply with the landscape improvement
requirements of Chapter 232 unless exempt, and the requirements of Section 221.10.
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SECTION 7. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by
amending Section 221.36 to read as follows:
221.36 Public Access Implementation
A. Purpose. The purpose of this Section includes the following:
1. 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
Resources 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;
2. To implement the public access and recreation policies of Chapter 3 of the
Coastal Act(Section 30210 - 30255); and
3. 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.
4. 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
California Constitution.
B. Definitions. The following definitions shall govern the implementation of the
public access requirements of the Coastal Act and this public access ordinance.
1. 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 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.
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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.
2. New development. For purposes of implementing the public access
requirements of Public Resources Code Section 30212 and of this
section, "new development" includes "development"as defined in
subsection 1 above except the following:
a. 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" means any situation in which the
force or forces which destroyed the structure to be replaced were
beyond the control of the owners.
b. 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.
C. Improvements. Improvements to any structure which do not change
the intensity of its use, which do not increase 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.
d. 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.
e. 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 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.
3. 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.
4. Types of Public Access and Recreation.
a. Lateral public access: provides public access and use along or
parallel to the sea.
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b. Blufftop access: provides public access and coastal viewing along a
coastal blufftop area.
C. 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.
d. Trail Access: provides public access along a coastal recreational
path, including to and along lakes,rivers, streams, freshwater
marshes, flood control channels/features,_significant habitat and
open space areas or similar resource areas, and which also may link
inland recreational facilities to the shoreline.
e. 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.
5. Character of Accessway Use.
a. Pass and Repass: Refers to the right of the public to walk and run
along an accessway. Because this use limitation can substantially
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 O and R
establish that the limitation is necessary to protect natural habitat
values, topographic features (such as eroding bluffs), or privacy of
the landowner.
b. 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.
C. Active Recreational Use: Refers to the right of the public to
conduct the full range of beach-oriented activities, not including
horseback riding and use of motorized vehicles unless specifically
authorized.
C. Access Required. As a condition of approval and prior to issuance of a permit or
other authorization for any new development identified in 1 through 4 of this
section, except as provided in subsection D, an offer to dedicate an easement(or
other legal mechanism pursuant to subsection M2)for one or more of the types of
access identified in subsections E-H shall be required and shall be supported by
findings required by subsections O-Q; provided that no such condition of
approval for coastal access shall be imposed if the analysis required by
subsections 01 and 2 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.
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1. New development on any parcel or location where public access is
identified in the Land Use Plan as desirable.
2. New development between the nearest public roadway and the sea.
3. 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.
4. New development on any site where a trail,blufftop access or other
recreational access is necessary to mitigate impacts of the development
on public access.
D. Exceptions. Subsection C shall apply except in the following instances:
1. Projects excepted from the definition of"new development" in subsection
B.2.a-e.
2. Where findings required by subsections O and P establish any of the
following:
a. Public access is inconsistent with the public safety, military security
needs, or protection of fragile coastal resources;
b. Adequate access exists nearby; or,
c. . Agriculture would be adversely affected.
3. Exceptions identified in subsection D2 shall be supported by written
findings required by subsection O of this chapter.
E. Lateral Public Access, 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 subsection C shall
provide the public with the permanent right of lateral public access and passive
recreational 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 subsection P. Lateral access shall
be legally described as required in subsection J.
F. Vertical Public Access, Minimum Requirements. A condition to require vertical
public access as a condition of approval of a coastal development permit (or other
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authorization to proceed with development)pursuant to subsection C 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
subsection P.
Each vertical accessway shall extend from the road to the shoreline (or bluff edge)
and shall be legally described as required in subsection J. 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.
G. Blufftop Access, Minimum Requirements. A condition to require public access
along a blufftop as a condition of approval of a coastal development permit(or
other authorization to proceed with development)pursuant to subsection C shall
provide the public with the permanent right of scenic and visual access from the
blufftop to the public tidelands.
The blufftop access shall be limited to passive recreational use and coastal
viewing purposes unless another character of use is specified as a condition of
development. In determining the appropriate character of use findings shall be
made on the specific factors identified in subsection P.
Each blufftop 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 subsection J,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 blufftop as
measured inland from the daily bluff edge. As the daily blufftop 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 point, such as the
centerline of a public road or other easement monument)."
H. Trail Access, Minimum Requirements. A condition to require public access as a
condition of approval of a coastal development permit (or other authorization to
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Ordinance No. 3834
proceed with development)pursuant to subsection C 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 shall be made on the specific factors enumerated in
subsection P. The trail access shall be legally described as required by subsection
I. Protection Of Historic Public Use.
1. 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 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 subsections E
through H above.
2. Minimum requirements. An access condition 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."
J. Legal Description Of An Accessway, Recordation. An access dedication required
pursuant to subsection C 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 from the road to the shoreline (or bluff edge). A privacy buffer
provided pursuant to subsection L 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 Coastal Commission [or local agency authorized
pursuant to 14 California. Administrative Code Section 13574(b)], consistent with
provisions of the Coastal Development Permit ordinance, irrevocably offering to
dedicate to a public agency or private association approved by the Coastal
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Commission [or local agency authorized by the Commission pursuant to 14
California. Administrative 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 with
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.
K. Management Plan, Minimum Requirements. A management plan may be
required in 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 significant 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.
L. Privacy Buffers, 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.
M. Implementation.
1. A dedicated accessway shall not be required to be opened to public use
until a public agency or private association approved in accordance with
subsection J agrees to accept responsibility for maintenance and liability
of the access, except in cases where immediate public access is
implemented through a deed restriction.
2. 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 section shall apply.
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3. 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.
N. Title Information. 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 encumbrances which the approving authority pursuant to subsection J
determines may affect the interest being conveyed. If any such interest exists
which could erase the access easement, it must be subordinated through a written
and recorded agreement.
O. Required Overall Findings. 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
subsection P and shall reflect the specific level of detail specified, as applicable.
Findings supporting all such decisions shall include:
1. A statement of the individual and cumulative burdens imposed on public
access and recreation opportunities based on applicable factors identified
pursuant to subsection P. The type of affected public access and
recreation opportunities shall be clearly described.
2. An analysis based on applicable factors identified in subsection P of the
necessity for requiring public access conditions to find the project
consistent with the public access provisions of the Coastal Act.
3. A description of the legitimate governmental interest furthered by any
access condition required.
4. An explanation of how imposition of an access dedication requirement
alleviates the access burdens identified.
P. 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 1 through 5
below, 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 findings shall explain how the adverse effects which have been
identified will be alleviated or mitigated by the dedication. As used in this
subsection, "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.
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1. Project 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
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 opportunities for the public. Analysis of the
contribution of the project's cumulative effects to any such projected
increase. Description of the physical characteristics of the site and its
proximity to the sea, tideland viewing 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.
2. Shoreline processes. Description of the existing shoreline conditions,
including beach profile, accessibility and usability 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 usability 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 tidelands
and shoreline recreation areas.
3. 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).
4. Physical obstructions. Description of any physical aspects of the
development which block or impede the ability of the public to get to or
along the tidelands,public recreation areas, or other public coastal
resources or to see the shoreline.
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5. Other adverse impacts 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.
Q. Required Findings For Public Access Exceptions. Any determination that one
of the exceptions of subsection D applies to a development shall be supported
by written findings of fact, analysis and conclusions which address all of the
following:
l. The type of access potentially applicable to the site involved(vertical,
lateral, blufftop, 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.
2. 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.
3. 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.
R. 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:
l. Identification and protection of specific habitat values including the
reasons supporting the conclusion that such values must be protected by
limiting the hours, seasons, or character of public use.
2. Topographic constraints of the development site.
3. Recreational needs of the public.
4. Rights of privacy of the landowner which could not be mitigated by
setting the project back from the accessway or otherwise conditioning the
development.
5. The requirements of the possible accepting agency, if an offer of
dedication is the mechanism for securing public access.
6. Feasibility of adequate setbacks, fencing, landscaping, and other methods
as part of a management plan to regulate public use.
09-1961/33781 13
Ordinance No. 3834
SECTION 8. 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:
0<1v 60, Mayor
City Clerk V A OVED AS TO FORM:
REVIEWS APPROVED:
C) City Attorney n DG
City Xdmoistrator INITIAT AN , PROVED: v0 l
irector of Planning
09-1961/33781 14
Ord. No. 3834
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.
a
In accordance with the City Charter of said City
n Joan L. Flynn, Ci Clerk C' Clerk and ex-officio erk
senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California