HomeMy WebLinkAboutCity Council - 4530 RESOLUTION N0. 4530
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ACKNOWLEDGING RECEIPT OF THE
CALIFORNIA COASTAL COMMISSION'S APPROVAL OF THE
HUNTINGTON BEACH CATEGORICAL EXCLUSION AND AGREE-
ING TO TERMS AND CONDITIONS OF SAID EXCLUSION
WHEREAS, the City Council of the City of Huntington Beach
filed for and received approval by the California Coastal Com-
mission of an exclusion from coastal development permit require-
ments concerning certain real property and improvements in the
city; and
In order to effect such exclusion as required by law,
certain declarations and agreements on the part of the City
Council are required,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Huntington Beach hereby acknowledges receipt of the
California Coastal Commission's Resolution of Approval concerning
the categorical exclusion attached hereto, and accepts and agrees
to the terms and conditions of Categorical Exclusion Order No .
E-77-9.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 3rd day
of October, 1977 .
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ATTEST:
Mayor
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City Clerk
REVIEWED AND APPROVED . APPROVED AS TO FORM:
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City Administrator ty ttor e, IriT
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I,
INITIATED AND APPROVED
AS TO CONTENT:
Tanning Director
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CATEGORICAL EXCLUSION ORLER E-77-9
(HUNTINGTON EEACH)
The Commission by a two-thirds vote of its appointed members h(;n,�by �,dohts, l
regulation, an order, pursuant to Public 1�-,sources Code a:ctions 30610(d) wid
30610.5(b) , categorically excluding from the permit regLLirements of the California
Coastal Act of 1976 the category of development within the specifically defined geo-
graphic area described below:
I. Category of Development and Geographic Area
This order categorically excludes the construction of single-family and two-
family residences (including improvements and appurtenant structures and facilities)
in designated R-1, R-21 and R,-3 zones in the coastal zone in the City of Huntington
Peach, Orange County as shown on the notarized exclusion maps on file with the Com-
mission, South Coast Regional Commission, and the City of Huntington Beach.
II. Findings
The Commission hereby finds, for the reasons set forth in the attached re-
ports , that this exclusion, as conditioned, presents no potential for any significant
adverse effect, either individually or cumulatively, on coastal resources or on. public
access to, or along the coast, and that this exclusion will not impair the ability of
local government to prepare a local coastal program.
The Commission also finds that the category of development excluded by th:Ls
order is a project which the Secretary of Resources has determined is categorically
exempt from the provisions of the California Environmental Quality Act of 1970 as having
no significant effect on the environment. (See , 14 Ca. Adm. Code 15100 et seq.) In
addition the Commission finds that, for the same reasons this exclusion will have no
potential for any significant adverse effect, either indiv_i dually or cumulatively,
on coastal resources, this exclusion will have no signi..ficans effect on the environ-
ment for purposes of the California Environmental Quality Act of 19'10.
III. Conditions
In order (1) to assure that adoption of the exclusion will cause no signi-
ficant change in density, height, or nature of uses in the excluded area and (2) to
implement the exclusion, this order is subject to the following conditions:
1. Lot Coverage
Structures subject to this exclusion shall be designed so that the gross
structural area, including storage , parking, and stainciays, does not exceed 1.5
times the buildable area on non-conforming lots (4,000 square feet or less) and in
areas where a majority of the lots are non-conforming. Gross structural area shall
be calculated in accordance with South Coast Regional Commission "1.5" criteria.
2. Parking
A minimum of two parking spaces shall be provided for each residential unit,
regardless of size. To the maximum extent practicable , parking shall be provided on
the alley side of the lot and in no case shall parking be permitted in the required
front yard setback.
3. Applicable Zoning
Development pursuant to this exclusion shall conform, unless othezRaise
limited by this order, to the zoning in effect in the City of Huntington Beach on
the date this order is adopted by the Commission.
4. Imple me nt at io n
The City of Huntington Beach shall, at an appropriate stale in the Local
approval process for development subject to this exclusion, distribute to the appli-
cant for such local approval an instruction sheet and form provided by the Executive
Director of the Commission. After obtaining final local government approval but
prior to commencing construction under this exclusion, such applicant shall send the
completed form containing a brief description of the excluded development to the
South Coast Regional Commission.
5. Public Trust
In the event that any competent agency or court determines that any lands
excluded by this order are subject to the public trust, this exclusion sha-11 imme-
diately become void as to those lands and any development tuidertaken on those lanes
shall be subject to the full permit requirements of the Coastal Act of 1976.
IV. Rescission and Revocation
Pursuant to 14 Cal. Adm. Code 13243(e) , the Commission hereby declares that
the order granting this exclusion may be rescinded at any time, in whole or in part,
if the Commission finds by a majority vote of its appointed membership after public
hearing that the terms and conditions of the exclusion order no longer support the
findings specified in Public Resources Code Section 30610(d). Further, the Commission
declares that this order may be revoked at any time that the terms and conditions
of the order are violated.
I
REGULATION
132L,4.1. Adopted Categorical Exclusions . The Commission, pursuant to Public
Resources Code, Sections s3j06110 d and 30610.5(b) , has adopted the following orders
excluding from the pen-nit requirements of the Coastal Act of 1.976 cato:gor-ies, of
development within specifically defined geographic areas as described and identi.i`_-A
in the respective orders. The descriptions herein are necessarily general, and anyone
desiring to proceed under this regulation should consult the maps and the exclusion
order on file. The actual orders, including any terms or conditions imposed by the
Commission, are on file with the Commission, appropriate Regional Commission, and
appropriate local government or public agency having approval authority over the
excluded development.
(h) Exclusion No. E-77-9, the construction of single-family and two-family
residences (including improvements and appurtenant structures and facilities) in
designated R-1, R-2, and R-3 zones in the coastal. zone in the City of Huntington
Beach, Orange County.
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Res. No. 4530
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, 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 resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 3rd day
of October , 19 77 , by the following vote:
AYES: Councilmen:
Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson
NOES: Councilmen:
None
ABSENT: Councilmen:
Shenkman
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California