HomeMy WebLinkAboutOrdinance #3903 ORDINANCE NO. 3903
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING SECTIONS 203.06, 216.04, 216.18, 22 1.10
AND 230.82 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
THEREOF TO CONFORM TO LCP AMENDMENT NO. 2-10 MADE BY.THE
CALIFORNIA COASTAL COMMISSION
WHEREAS, pursuant to the State Planning and Zoning Law, the Huntington Beach City
Council has held a public hearing relative to amending the Huntington Beach Zoning and
Subdivision Ordinance wherein all information presented at said hearing was carefully
considered, and after due consideration of the findings and all evidence presented to the City
Council, the City Council found that such amendments to the Huntington Beach Zoning and
Subdivision Ordinance was proper, and consistent with the Huntington Beach General Plan and
Huntington Beach Local Coastal Program,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
Section 1. The proposed amendments to the Huntington Beach Zoning and
Subdivision Ordinance identified in the attached Exhibit A (incorporated by this reference) are
hereby adopted and approved.
Section 2. This ordinance shall become effective immediately upon certification by
the California Coastal Commission but not less than 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 November , 2010.
M or
REVIEW ,ZAPPROVED: INITIAT D AND APPROVED:
J&4E2!:S
City AlniAisfator Director Allanning & Building
A PROVED AS TO FORM:
'---Oity Attorney
53893
Exbibit"A" -Ordinance No.3903
Exhibit"A" - Ordinance No.3903
EXHIBIT A
PROPOSED AMENDMENT'S
1. Section 203.06 Definitions is amended to add the following definition:
203.06 Definitions
Resource Protection Area. Within the coastal zone, any area that consists of any of
the following: wetlands, Environmentally Sensitive Habitat Areas, buffer areas (as
these terms are defined in the Glossary of the City's certified Land Use Plan),
and/or land that is zoned Coastal Conservation.
2. Subsection H of Section 216.04 Definitions is amended as follows:
216.04 Definitions
H. Resource Protection Area. Any area that consists of any of the
following: wetlands,Environmentally Sensitive Habitat Areas, buffer
areas(as these terms are defined in the Glossary of the City's certified
Land Use Plan)and/or land that is zoned Coastal Conservation. (3833-
7/09)
3. Subsection A.2. of Section 216.18 Performance Standards is hereby amended as follows:
216.18 Performance Standards
A. 2. Any areas where vegetation is temporarily removed shall be
replanted with a native or non-invasive species in a quantity and quality
equal_to the vegetation removed. (3326-5196)
4. Section 22 1.10 Requirements for New Development Adjacent to Environmentally
Sensitive Habitat Area is hereby amended as follows:
221.10 Requirements for New Development Adjacent to Resource Protection
Area (3834-7/09)
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.
(3834-7/09)
These requirements shall be applicable to all lots within new subdivisions as well as
development proposed on existing lots within and/or adjacent to resource protection
areas. (3834-7/09)
A. Landscape Plan shall be prepared that prohibits the planting, naturalization or
persistence of invasive plants, and encourages low-water-use plants, and plants
primarily native to coastal Orange County of local stock. (3834-7/09)
1
10-2673/54041
Exhibit"A" -Ordinance No.3903
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. (3834-7109)
C. Pest Management Plan shall be prepared that, at a minimum,prohibits the use of
rodenticides, and retricts the use of pesticides, and herbicides in outdoor areas,
except necessary Vector Control conducted by the City or County. (3834-7/09)
D. Street lighting, exterior residential lighting and recreational lighting adjacent to
resource protection areas shall not significantly disrupt habitat values within the
resource protection areas. (3834-7109)
E. Covenants,Conditions and Restriction(CC&Rs)in a form approved by the Office
of the City Attorney shall be recorded specifying that the requirements and
restrictions of this Section apply. 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. (3834-7/09)
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. 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. (3834-7/09)
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
measures such as open fencing/wall design, landscape screening, use of
undulating or off-set wall features, etc. (3834-7/09)
H. Walls, fences, gates and boundary treatments shall use wood, wrought iron,
frosted or partially-frosted glass or other visually permeable barriers that are
designed to prevent creation of a bird.strike hazard. Clear glass or Plexiglass
shall not be installed unless appliques(e.g. stickers/decals)designed to reduce
bird-strikes by reducing.reflectivity and transparency are also used.
I. Uses allowed adjacent to designated wetlands and Environmentally Sensitive
Habitat Areas shall assure the continuance of the habitat value and function of
preserved and restored wetlands and ESHA. (3834-7/09)
5. Section 230.82 Performance Standards for all Uses is hereby amended as follows:
230.82 Performance Standards For All Uses
A. Applicability and Compliance. The development standards set forth in this
section apply to every use classification in every zoning district unless otherwise
2
1 0-2 6 73/5404 1
Exhibit"A" - Ordinance No.3903
specifically provided. The Director may require evidence of ability to comply
with development standards before issuing an entitlement.
B. Air Contaminants. Every use must comply with rules, regulations and standards
of the South Coast Air Quality Management District(SCAQMD). An applicant
for a zoning permit or a use, activity,or process requiring SCAQMD approval of
a permit to construct must file a copy of the SCAQMD permit with the Director.
An applicant for a use,activity,or process that requires SCAQMD approval of a
permit to operate must file a copy of such permit with the Director within 30 days
of its approval.
C. Water Quality. Every use must comply with rules, regulations and standards of
the Federal government, State and Regional Water Quality Control Boards,
Orange County Municipal NPDES Storm Water Permit(Santa Ana Regional
Water Quality Control Board Order No. R8-2009-0030, dated May 22, 2009, or
any amendment to or re-issuance thereof),the City of Huntington Beach
Municipal Codes including Chapters 14.24, 14.25, and 17.05, and the California
Coastal Act where applicable. An applicant for a zoning permit,building permit,
or a coastal development permit must demonstrate compliance with
aforementioned rules,regulations and standards prior to permit approval. General
Plan and Local Coastal Program Goals, Objectives and Policies shall be
incorporated into water quality management programs prepared for development
projects as applicable and to the maximum extent practicable. AWater Quality
Management.Plan,prepared by a Registered California Civil Engineer, shall be
required for all projects that may adversely impact water quality(including, but
not limited to projects identified in the Orange County Municipal NPDES Storm
Water Permit as priority development projects and projects creating more than
2500 square feet of impervious surface that are within 200 feet of, or drain
directly to, Resource Protection Areas,and/or water bodies listed on the Clean
Water Act Section 3030(d) list of impaired waters). (3835-7/09)
D. Storage On Vacant Lot. A person may not store, park,place, or allow to remain
in any part of a vacant lot any unsightly object. This does not apply to building
materials or equipment for use on the site during the time a valid building permit
is in effect for construction on the premises. (3835-7/09)
E. Archaeological/Cultural Resources. Within the coastal zone, applications for
grading or any other development that have the potential to impact significant
archaeological/cultural resources shall be preceded by a coastal development
permit application for implementation of an Archaeological Research Design
(ARD). This is required when the project site contains a mapped archaeological
site, when the potential for the presence of archaeological/cultural resources is
revealed through the CEQA process, and/or when archaeological/cultural
resources are otherwise known or reasonably suspected to be present. A coastal
development permit is required to implement an ARD when such implementation
involves development(e.g. trenching, test pits, etc.). No development, including
grading,may proceed at the site until the ARD, as reflected in an approved coastal
development permit, is fully implemented. Subsequent development at the site
3
10-2673/54041
Exhibit"N' -Ordinance No.3903
shall be subject to approval of a coastal development permit and shall be guided
by the results of the approved ARD.
Archaeological Research Design(ARD). The ARD shall be designed and carried
out with the goal of determining the full extent of the on-site
archaeological/cultural resources and shall include,but not be limited to,
postulation of a site theory regarding the archaeological and cultural history and
pre-history of the site,investigation methods to be implemented in order to locate
and identify all archaeological/cultural resources on site(including but not limited
to trenching and test pits), and a recognition that alternative investigation methods
and mitigation may become necessary should resources be revealed that indicate a
deviation from the initially espoused site theory. The ARD shall include a
Mitigation Plan based on comprehensive consideration of a full range of
mitigation options based upon the archaeological/cultural resources discovered on
site as a result of the investigation. The approved ARD shall be fully
implemented prior to submittal of any coastal development permit application for
subsequent grading or other development of the site. The ARD shall also include
recommendations for subsequent construction phase monitoring and mitigation
should additional archaeological/cultural resources be discovered.
The ARD shall be prepared in accordance with current professional practice, in
consultation with appropriate Native American groups as identified by the Native
American Heritage Commission(NAHC),NAHC, and the State Historic
Preservation Officer, subject to peer review, approval by the City of Huntington
Beach,and, if the application is appealed, approval by the Coastal Commission.
The peer review committee shall be convened in accordance with current
professional practice and shall be comprised of qualified archaeologists.
Mitigation Plan. The ARD shall include appropriate mitigation measures to
ensure that archaeological/cultural resources will not be adversely impacted.
These mitigation measures shall be contained within a Mitigation Plan. The
Mitigation Plan shall include an analysis of a full range of options from in-situ
preservation, recovery, and/or relocation to an area that will be retained in
permanent open space. The Mitigation Plan shall include a good faith effort to
avoid impacts to archaeological/cultural resources through methods such as, but
not limited to, project redesign, capping, and placing an open space designation
over cultural resource areas.
A coastal development permit application for any subsequent development at the
site shall include the submittal of evidence that the approved ARD, including
mitigation, has been fully implemented. The coastal development permit for
subsequent development of the site shall include the requirement for a Monitoring
Plan for archaeological and Native American monitoring during any site grading,
utility trenching or any other development activity that has the potential to
uncover or otherwise disturb archaeologicalicultural resources as well as
appropriate mitigation measures for any additional resources that are found. The
4
10-2673/54041
Exhibit"A" - Ordinance No.3903
Monitoring Plan shall specify that archaeological monitor(s)qualified by the
California Office of Historic Preservation(OHP) standards,and Native American
monitor(s)with documented ancestral ties to the area appointed consistent with
the standards of the Native American Heritage Commission(NAHC)shall be
utilized. The Monitoring Plan shall include, but not be limited to: 1)procedures
for selecting archaeological and Native American Monitors; Z)monitoring
methods; 3)procedures that will be followed if additional or,unexpected
archaeological/cultural resources are encountered during development of the site
including, but not limited to,temporary cessation of development activities until
appropriate mitigation is determined.
Furthermore,the Monitoring Plan shall specify that sufficient archaeological and
Native American monitors must be provided to assure that all activity that has the
potential to uncover or otherwise disturb cultural deposits will be monitored at all
times while those activities are occurring. The Monitoring Plan shall be on-going
until grading activities have reached sterile soil.
The subsequent mitigation shall be prepared in consultation with Native.American
Heritage Commission(NAHC),Native American trial group(s)that have
ancestral ties to the area as determined by the NAHC,and the State Historic
Preservation Officer, subject to peer review.
All required plans shall be consistent with the City of Huntington Beach General
Plan and Local Coastal Program and.in accordance with current professional
practice, including but not limited to that of the California Office of Historic
Preservation and the Native American Heritage Commission; and shall be subject
to the review and approval of the City of Huntington Beach and, if appealed,the
Coastal Commission.
5
10-2673/54041
Exhibit"A" -Ordinance No.3903
LEGISLATIVE DRAFT
1. Section 203.06 Definitions is amended to add the following definition:
Resource Protection Area. Within the coastal zone, any area that consists of an of f the
following: wetlands, Environmentally Sensitive Habitat Areas, buffer areas(as these
terms are defined in the GlossM of the City's certified Land Use Plan), and/or land that
is zoned Coastal Conservation.
2. Section H of Section 216.04 Definitions is amended as follows:
H. Resource Protection Area. Any area that consists of any of the following:
wetlands, Environmentally Sensitive Habitat Areas,of-a-buffer areas;(as these
terms are defined in the Glossary of the City's certified LeerEeastal
Land Use Plan) and/or land that is zoned Coastal Conservation.
(3833-7/09)
3. Section A.2. of Section 216.18 Performance Standards is amended as follows:
A. 2. Any areas where vegetation is temporarily removed shall be replanted
with a native or an adapt-ablenon-invasive species in a quantity and
quality-equal to the vegetation removed. (3326-5/96)
4. Section 221.10 Requirements for New Development Adjacent to Environmentally
Sensitive Habitat Area is amended as follows:
221.10 Requirements for New Development Adjacent toEnAir-onmen ally
'
itive Habitat Resource Protection Area (3834-7/09)
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.
(3834-7/09)
These requirements shall be applicable to all lots within new subdivisions as well as
development proposed on existing lots within and/or adjacent to an Ecu n, ,,.o+tands,
asseeiated buffer-,,resource protection areas land ---`-' Coastal C---___ _t __, __'-.,-
(3834-7/09)
A. Landscape Plan shall be prepared that prohibits the planting, naturalization or
I persistence of invasive plants, and encourages low-water-use plants, and plants
1 primarily native to coastal Orange County of local stock. (3834-7/09)
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. (3834-7/09)
C. Pest Management Plan shall be prepared that, at a minimum,prohibits the use of
rodenticides, and retricts the use of pesticides, and herbicides in outdoor areas,
except necessary Vector Control conducted by the City or County. (3834-7/09)
Exhibit"A" - Ordinance No.3903
D. A4"Street lighting, exterior residential lighting and recreational lighting adjacent
to resource protection areas shall not significantly
disrupt habitat values within the resource protection areas. .(3834-7/09)
E. Covenants, Conditions and Restriction(CC&Rs)in a form approved by the Office
of the City Attorney shall be recorded specifying that
housing lots and mer-eatien areas that are dir-eetly adjaeent to a r-esoufee pr-eteefi
area shall net iffeltWe any exotic invasive plant speciesthe requirements and
restrictions of this Section apply. 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. (3834-7/09)
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
1 includes exotic invasive plant species on lots that are three+ y adjacent to
. 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. (3834-7/09)
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
measures such as open fencing/wall design, landscape screening, use of
undulating or off-set wall features, etc. (3834-7/09)
G H. IWalls fences gates and boundary treatments shall use wood, wrought
iron frosted or partially-frosted glass or other visually permeable barriers that are
designed to prevent creation of a bird strike hazard. Clear glass or Plexiglass
shall not be installed unless appliquds (e.g. stickers/decals) designed to reduce
bird-strikes by reducing reflectivity and transparency are also used.
HJ. Uses allowed adjacent to designated wetlands and Environmentally
Sensitive Habitat Areas shall assure the continuance of the habitat value and
function of preserved and restored wetlands and ESHA. (3834-7/09)
5. Section 230.82 Performance Standards for all Uses is hereby amended as follows:
C. Water Qualily. Every use must comply with rules, regulations and standards of the
Federal government, State and Regional Water Quality Control Boards, Orange
County Municipal NPDES Storm Water Permit(Santa Ana Regional Water Quality
Control Board Order No. R8-2009-0030 dated May 22, 2009, or any amendment to
or re-issuance thereof),and-the City of Huntington Beach Municipal Codes including
Chapters 14 24 14 25 and 17 05 and the California Coastal Act where applicable.
An applicant for a zoning permit.,or a-building permit, or a coastal development
permit must demonstrate compliance with aforementioned rules, regulations and
standards prior to permit approval. General Plan and Local Coastal Program Goals,
Exhibit"A" -Ordinance No.3903
Objectives and Policies shall be incorporated into water quality management
programs prepared for development projects as applicable and to the maximum extent
practicable. AWater Qualily Management Plan, prepared by a Registered California
Civil Engineer, shall be required for all projects that may adversely impact water
quality(including, but not limited to projects identified in the Orange County
Municipal NPDES Storm Water Permit as priority development projects and projects
creating more than 2500 square feet of impervious surface that are within 200 feet of,
or drain directly to, Resource Protection Areas, and/or water bodies listed on the
Clean Water Act Section 3.030(d)list of impaired waters). (3835-7/09)
D.Storage On Vacant Lot. A person may not store, park,place, or allow to remain in
any part of a vacant lot any unsightly object. This does not apply to building
materials or equipment for use on the site during the time a valid building permit is
in effect for construction on the premises. (3835-7/09)
E. Archaeological/Cultural Resources. Within the coastal zone, applications for grading
or any other development that has the potential to impact significant
archaeological/cultural resources shall be preceded by a coastal development permit
gpplication for implementation of an Archaeological Research Design(ARD). This
is required when the project site contains a mapped archaeological site, when the
potential for the presence of archaeological/cultural resources is revealed through the
CEQA process and/or when archaeological/cultural resources are otherwise known
or reasonably suspected to be present A coastal development permit is required to
implement an ARD when such implementation involves development(e.g.
trenching test pits etc.). No development, including_grading, may proceed at the
site until the ARD as reflected in an approved coastal development permit, is fully
implemented Subsequent development at the site shall be subject to approval of a
coastal development permit and shall be guided by the results of the approved ARD.
Archaeological Research Design(ARD). The ARD shall be designed and carried
out with the goal of determining the full extent of the on-site archaeological/cultural
resources and shall include but not be limited to,postulation of a site theory
regarding the archaeological and cultural history and pre-history of the site,
investigation methods to be implemented in order to locate and identify all
archaeological/cultural resources on site (including but not limited to trenching and
test pits) and a recognition that alternative investigation methods and mitigation
may become necessary should resources be revealed that indicate a deviation from
the initially espoused site theory. The ARD shall include a Mitigation Plan based on
comprehensive consideration of a full range of mitigation options based upon the
archaeological/cultural resources discovered on site as a result of the investigation.
The approved ARD shall be fully implemented prior to submittal of any coastal
development permit application for subsequent grading or other development of the
site The ARD shall also include recommendations for subsequent construction
phase monitoring and mitigation should additional archaeological/cultural resources
be discovered.
The ARD shall be prepared in accordance with current professional practice,
consultation with appropriate Native American groups as identified by the Native
American Heritage Commission(NAHC),NAHC, and the State Historic
Exhibit"A" -Ordinance No.3903
Preservation Officer, subject to peer review, approval by the City of Huntington
Beach, and, if the application is appealed, approval by the Coastal Commission. The
peer review committee shall be convened in accordance with current professional
practice and shall be comprised of qualified archaeologists.
Mitigation Plan. The ARD shall include appropriate mitigation measures to
ensure that archaeological/cultural resources will not be adversely impacted. These
mitigation measures shall be contained within a Mitigation Plan. The Mitigation
Plan shall include an analysis of a full range of options from in-situ preservation,
recovery, and/or relocation to an area that will be retained in permanent open space.
The Mitigation Plan shall include a good faith effort to avoid impacts to
archaeological/cultural resources through methods such as,but not limited to,project
redesign, capping, and placing an open space designation over cultural resource
areas.
A coastal development permit application for any subsequent development at the
site shall include the submittal of evidence that the approved ARD, including
mitigation,has been fully implemented. The coastal development permit for
subsequent development of the site shall include the requirement for a Monitoring
Plan for archaeological and Native American monitoring during any site grading,
utilfty trenching or any other development activity that has the potential to uncover
or otherwise disturb archaeological/cultural resources as well as appropriate
mitigation measures for any additional resources that are found. The Monitoring
Plan shall specify that archaeological monitor(s) qualified by the California Office of
Historic Preservation(OHP) standards; and Native American monitor(s)with
documented ancestral ties to the area appointed consistent with the standards of the
Native American Heritage Commission(NAHC) shall be utilized. The Monitoring
Plan shall include,but not be limited to: 1)_procedures for selecting archaeological
and Native American Monitors; 2)monitoring methods; 3)procedures that will be
followed if additional or unexpected archaeological/cultural resources are
encountered during development of the site including,but not limited to, temporary
cessation of development activities until appropriate mitigation is determined.
Furthermore,the Monitoring Plan shall specify that sufficient archaeological and
Native American monitors must be provided to assure that all activity that has the
potential to uncover or otherwise disturb cultural deposits will be monitored at all
times while those activities are occurring. The Monitoring Plan shall be on-going
until grading activities have reached sterile soil.
The subsequent mitigation shall be prepared in consultation with Native American
Heritage Commission(NAHC),Native American trial group(s)that have ancestral
ties to the area as determined by the NAHC, and the State Historic Preservation
Officer, subject to peer review.
All required plans shall be consistent with the City of Huntington Beach General
Plan and Local Coastal Program and in accordance with current professional
practice, including but not limited to that of the California Office of Historic
Exhibit"A" -Ordinance No.3903
Preservation and the Native American Heritage Commission, and shall be subject to
the review and approval of the City of Huntington Beach and, if appealed,the
Coastal Commission.
Ord. No. 3903
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 November 1, 2010 and was again read to said City Council at a
regular meeting thereof held on November 15, 2010, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
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 November 25,201C.
In accordance with the City Charter of said City o(j4v4o)
Joan L. Flynn,Cily Clerk CityClerk and ex-officio Oyrk
- Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California