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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 . yr ATTEST: Mayor JXIA ✓(� City Clerk REVIEWED AND APPROVED . APPROVED AS TO FORM: 6r City Administrator ty ttor e, IriT .. iri I, INITIATED AND APPROVED AS TO CONTENT: Tanning Director 2 . I� 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. i 4Y 4 Y •S A' -,�► ►n WPON B64CH,c Co �l�U ��T 1A 0721E A Wr DEAWMM 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