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City Council - 2009-28
RESOLUTION NO. 2009-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 09-01 TO AMEND THE LOCAL COASTAL PROGRAM IMPLEMENTING ORDINANCES TO REFLECT ZONING MAP AMENDMENT NO. 96-5(R)AMENDING THE ZONING FOR THE REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF GRAHAM STREET, SOUTH OF KENILWORTH DRIVE AND ZONING TEXT AMENDMENT NO. 09-05 AMENDING CHAPTERS 210, 216, 221, AND 230 OF THE ZONING SUBDIVISION ORDINANCE AND REQUESTING CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, the City Council, after giving notice as prescribed by law, held at least one public hearing on the proposed Huntington Beach Local Coastal Program Amendment No. 09-01, and the City Council finds that the proposed amendment is consistent with the Huntington Beach General Plan, the Certified Huntington Beach Local Coastal Program (including the Land Use Plan), and Chapter 6 of the California Coastal Act; The City Council of the City of Huntington Beach intends to implement the Local Coastal Program in a manner fully consistent with the California Coastal Act. NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1: That the real property that is the subject of this Resolution is bounded by Graham Street,the East Garden Grove-Wintersburg Flood Control Channel, unincorporated Bolsa Chica, and single-family homes along Kenilworth Drive, and consists of approximately 49.5 acres within the City of Huntington Beach, which includes the approximate 40-acre Area of Deferred Certification(Exhibit A). SECTION 2: That the Huntington Beach Local Coastal Program Amendment No. 09-001, consisting of Zoning Map Amendment No. 96-5 and Zoning Text Amendment No. 09-05, a copy of which is attached hereto as Exhibits B and C, and incorporated by this reference as though fully set forth herein, is hereby approved. SECTION 3: That the Huntington Beach Local Coastal Program Implementing Ordinances for the Subject Property is hereby changed from the Area of Deferred Certification to CC (Coastal Conservation)—approximately 23.1 acres and RL (Low Density Residential)—approximately 26.4 acres (Exhibit D). SECTION 4: That the California Coastal Commission is hereby requested to consider, approve, and certify Huntington Beach Local Coastal Program Amendment No. 09-01. 09-1961.001/33783 1 Resolution No.2009-28 SECTION 5: That pursuant to Section 13551(b) of the Coastal Commission Regulations, Huntington Beach Local Coastal Program Amendment No. 09-01 will take effect automatically upon Coastal Commission approval, as provided in Public Resources Code Sections 30512, 30513 and 30519. PASSED AND ADOPTED by the City Council of the City Huntington Beach at a regular meeting thereof held on the 1st day of June , 2009. 0 Mayor ATTEST: jAPPROVED AS TO FORM: Cy Clerk Q Ci'y Attorney I 51 i5 og REVIOlt APPROVED: INITI D D PPROVED: 1 City A dmi A istrator Direc or of P arming EXHIBITS A. Vicinity Map. B. Zoning Map Amendment No. 96-5(R). C. Zoning Text Amendment No. 09-05. D. New Zoning Map 09-1961.001/33783 2 Resolution No. 2009-28 Res. No. -A-- Resolution No. 2009-28 EXHIBIT "A" PLANNING SECTIONAL DISTRICT MAP e 28-5-11 � --«°- CITY OF HIS NTINGTO -EAC 0RAINGE COUI TY, CALIFORINIA USE OF PROPERTY MAP + WARNER ^�— •L EL OOaiOO OR HUI m CR— � i as N SUBJECT PEN a < ..____ _ ......... EYROYz Ir V E RTY I ox i � P � __ EYILWORTN .' R- AN OFI- ✓y1 OR ; nieA'tioN i ` CF—E _ Doan�- Y j � aoa vu OR. d RP m '3•_arEa ME. b c"-E Ca_ 1 JPRICE u z S d1. SEaEVr 3 / 3 Q — C .af P 1� Eq. a�LG•3'.ai i . w�.nccN-rr LC4Ri:S rR . \ OR \ 9�- NELyi3OE oa I I I + I i OR. ecca OR. CF-R-CZ •` II I I I III 1/� ,.•c 4 r ! � I I I I I ( I 1 I i i 1 3 CR. �� /I � �� 11111 I � Illill � III ^ i VICINITY MAP v S�D Z Resolution No. 2009-28 Exhibit B reflects Attachment No. 3 (ZMA 96-5(R)) Of this RCA dated June I , 2009 eEXIJ-1,o/T �� r 1�CSOGu/�o•cJ oZoO9- ORDINANCE NO. 3831 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE(ZONING MAP AMENDMENT NO. 96-5(R) WHEREAS, pursuant to the State Planning and Zoning Law, the Huntington Beach City Council has held a public hearing relative to Zoning Map Amendment No. 96-5(R), wherein it has carefully considered all information presented at said hearing, and after due consideration of the findings and all evidence presented to said City Council, the City Council finds that such zone change is proper, and consistent with the General Plan. WHEREAS, the City Council of the City of Huntington Beach held a public hearing relative to Zoning Map Amendment No. 96-5A on October 21, 2002 changing the base district for approximately 40 acres of real property on the subject site from RL (Low Density Residential) and RL-FP2 (Low Density Residential with a Flood Plain Overlay District) to add the Coastal Zone Overlay District(-CZ) and changing the zoning designation on approximately 8.2 acres of real property on the subject site from RA (Residential Agricultural District) and RL (Low Density Residential District) to OS-PR (Open Space—Park & Recreation Subdistrict). WHEREAS, the City Council of the City of Huntington Beach held a public hearing relative to Zoning Map Amendment No. 96-5B on October 21, 2002 prezoning approximately 1.6 acres of real property on the subject site previously under county jurisdiction as RL-FP2-CZ (Low Residential District with Floodplain and Coastal Zone Overlay District) and prezoning approximately 3.3 acres of real property on the subject site previously under county jurisdiction as CC-FP2-CZ (Coastal Conservation with Floodplain and Coastal Zone Overlay Districts). NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The approximately 19.4 acres of real property generally located on the west side of Graham Street, north of the East Garden Grove-Wintersburg Channel and 1500 feet south of Warner Avenue as more particularly described in the legal description and sketch collectively attached hereto as Exhibits "A" and "B" and incorporated by reference as though fully set forth herein is hereby changed from RL ( Low Density Residential District) and OS-PR(Open Space—Park and Recreation Subdistrict) to CC (Coastal Conservation District). SECTION 2. That the Director of Planning is hereby directed to amend Sectional District Map 33 of the Huntington Beach Zoning and Subdivision Ordinance to reflect the changes contained in this ordinance, as depicted in Exhibit "C". The Director of Planning is further directed to file the amended map. A copy of such map, as amended, shall be available for inspection in the Office of the City Clerk. 09-1961.001/33784 1 Ordinance No. 3831 SECTION 4. The Ordinance shall take effect immediately upon certification by the California Coastal Commission. PASSED AND ADOPTED by the City Council of the City Huntington Beach at a regular meeting thereof held on the 15th day of June ,2009. 9L& /S Mayor ATTEST: APP VED AS TO FORM: ity Clerk C' Attome REVIE D APPROVED: INITI ED D APPROVED: City#41i istrator Dire for of Planning EXHIBITS A. Legal description of a portion of the Subject Property to be re-designated as Coastal Conservation. B. Sketch of a portion of the Subject Property to be re-designated as Coastal Conservation. C. New Zoning Map of the Subject Property 09-1961.001/33784 2 Ordinance No. 3831 EXHIBIT A Ordinance No. 3831 i 7- EXHIBIT"A" LEGAL DESCRIPTION In the City of Huntington Beach, County of Orange, State of California, being all of Parcels "B" and "C" and a portion of Parcel "A" as described in a Grant Deed recorded September 19, 1996 as Instrument No. 19960479182 of Official Records of said County described as follows: Beginning at a point on the southeasterly boundary of said Grant Deed- lying South 63°4n'9Q" WPst 1900.27 feet from the southea`scomer thereot; thence Nohh-2 19'31" Wc:, 301.91 feet to alnun-tangent curve concaves norrrrerly having a radius of 150.00 feet, a radial line to the beginning of said curve bears South 12°33'55"West; thence easterly 114.75 feet along said curve through a central angle of 43°49'57" to a reverse curve concave southeasterly having a radius of 1250.00 feet; thence northeasterly 119.12 feet along said curve through a central angle of 5°2736" to a reverse curve concave northwesterly having a radius of 115.00 feet; thence northeasterly 113.82 feet along said curve through a central angle of 56°42'23" to a reverse curve concave southeasterly having a radius of 75.00 feet; thence northeasterly 76.19 feet along said curve through a central angle of 58°12'10" to a reverse curve concave northwesterly having a radius of 400.00 feet; thence northeasterly 102.70 feet along said curve through a central angle of IV42'36" to a compound curve concave northwesterly having a radius of 110.00 feet; thence northeasterly 54.65 feet along said curve through a central angle of 28'27'58" to a non-tangent curve concave westerly having a radius of 150.00 feet, a radial line to the beginning of said curve bears South Kn'08'09" East; thence northerly 277.85 feet along said cwxc thrQuA a central an.Rle of 10B°0%'Sig to a reverse curve concave northeasterly navmg a radius of 10.00 feet; thence northwesterly 14.56 feet along said curve through a central angle of 83°25'39" to a reverse curve concave westerly having a radius of 100.00 feet; thence northerly 39.81 feet along t said curve through a central angle of 22°48'42"; thence tangent from said curve North 5'39'07" West 24.52 feet to a tangent curve concave southwesterly having a radius of 165-00 G feet; thence northwesterly 127.02 feet along said curve through a central angle of l tcevised:October 28,2008 2Fte��e-r-kfs2006f Page 1 of 2 WO No.61-15377cx H&A Legal No.5113 By: L.GastoNk.vo l Checked By R.Williams/jl Ordinance No. 3831 , r� y EXHIBIT"A" LEGAL DESCRIPTION i 44°06'28"; thence non-tangent from said curve North 4'27'59" East 48.01 feet to a tangent curve concave westerly having a radius of 100.00 feet; thence northerly 34.65 feet along said curve through a central angle of 19'51'l3" to a reverse curve concave easterly having a radius of 67.00 feet; thence northerly 18.47 feet along said curve through a central angle of 15°47'37",- thence tangent from said curve North 0°24'23" East 111.22 feet to the northerly boundary of said Grant Deed; thence along the northerly, westerly and southeasterly boundaries thereof the following ten courses: North 89'35'37" West 668.91 feet, South 0°10'28" West 1120.24 feet, South 89'58'29" West 155.96 feet, South 32°53'40" West 47.24 feet, South 44049'13"West 172.30 feet, South 57°36'54"West 150.89 feet, South 29'37'51" West 37.58 feet, South 18°07'10" West 231.15 feet, South 26°19'31" East 95.04 feet and North 63°40'29" East 1071.59 feet to the.Point of Beginning. Containing an area of 23.1 12 acres, more or less. As shown on Exhibit"B" attached hereto and by this reference made a part hereof. \-MD Lisa K.Gaston Lisa K. Gaston, L_S_ No. 8299 No.8299 License Expires: December 31, 2009 Exp.12/31/09 Q Date: 9TFOF CgL1F���\ I 1 Revised:October 28,2008 00 . Page 2 of 2 f WO No.61-15377CX € 4 H&A Legal No. 5113 By: L.Gaston/k.vo Checked By R_NArilliains/jl g Ordinance No. 3831 �C-50 L46,770,11i Wig-d-e Ordinance No. 3831 EXHIBIT "B" Sketch to Accompany Legal Dese-ription _ N89°35 37' N89°35'37"W 2182.6q' ' 'W 668.91' - N00°24'23"E N74° q RAD PRC- C8 N04°27'59"E 48.01 7 y N 6=44°06'28" R=165.00 L=127.02' 0 22°48'42" o a R=100.00' L=39.81'_ zc 00 N72°50'25"W ' N ` CITY OF HUNTINGTON RAD PRC BEACH BOUNDARY o : ,; :... .... N23°43'56"E CURVE TABLE j VAY PRC o n u CURVE DELTA RADIUS LENGTH % - �' S50°O8'09"E o o. C1 43°49'57" 150.00' 114.75' y RAD(R=150') C2 5-27'36" 1250-00' 119.12' N67°29'13"W_ C3 56°42'23" 115.00' 113.82' o� z RAD(R=110') C4 58°12'10' 75.00' 76.19' o o 65 14°42'36" f 400.00' 10170' `s '':;'-• G° C6 28°27'S8" 110.00' 54.65' v Cb C7 83°25'39" 10.00 14.56' w w C8 19°51'13" 100.60' 34.65' w¢ z AREA = 2:Y.112 ACRES C9 15°47'37" 67.00' 18.47' c o o G Z S} 33'S5"W cL RAD----- , S89°58'29'W Z O (D C} i0 155.96, ' - _ o V,0 \iC� -�_ 47 S44'49'i3"W -- _ o _. . .. .. : . VIE? R �N 14, 10 P HUNSAKER & ASSOCIATES SHEA HOMES PARKSIDE ESTATES ®� I R V I N E I N C OPEN SPACE - CONSERVATION PARCEL PLANNING ERING> SURVEYING Three Hughes • IM-, CA 9 Pit(949)5611016 -tee ON)S8l0759 IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE STATE OF CALIFORNIA DATE: LAX10-16-00 o 10-28—Q8 'e K.VO BYd R. WILLIAMS SCALE: i"-2Q0' W.O. 61-15377CX I: MWO—SH 1d\51 13\E T B.dwq H&A LEGAL No. 5113 SHEET 1 OF 1 Ordinance No. 3831 EXHIBIT C �soc�o.J a2oo9�' i Ordinance No. 3831 z' r �� 3���ayt�.,_ �������q��Y��.�s£`f�' �.v'�`�.�m,* x w .i.�^� cs � +. ;- � a, x.• � 3 -'.s� -J $g 5-z.,iFah c PF 01, IUM — z rs- taV ` F _ LEGEND RESIDENTIAL { RL RESIDENTIAL LOW DENSITY OPEN SPACE CC COASTAL CONSERVATION The Zoning designation includes the -FP2 and -CZ suffixes NEW ZONING MAP Ord. No. 3831 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 NOES: Hardy ABSENT: Hansen ABSTAIN: None 1,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. In accordance with the City Charter of said City Joan L. Flynn,City Clerk City-Jerk and ex-officio C k Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2009-28 Exhibit C reflects Attachment Nos. 5-8 (ZTA 09-05) Of this RCA dated June 1 , 2009 �0"A,770.0 A009- A ORDINANCE NO. 3832 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING CODE RELATING TO RESIDENTIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 210 of the Huntington Beach Zoning Code is hereby amended by amending Section 210.04 to read as follows: 210.04 RL, RM, RMH, RH, and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. RL, RM, RMH, RH, and P = Permitted RMP DISTRICTS: L = Limited (see Additional Provisions) LAND USE CONTROLS PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use = Not Permitted 09-1961/33725 1 Ordinance No. 3832 Cx�•d.T '� RL RM RMH RMP Additional RH Provisions Residential Uses (A)(M)(Q) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D)(R) 2 - 4 units ZA P P - 5 - 9 units ZA ZA ZA - 10 or more units PC PC PC - Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, Ltd. P P P P Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P)(R)(S) Public and Semipublic (A)(0) Clubs & Lodges PC PC ZA ZA Day Care, Large-family L-6 L-6 L-6 L-6 Day Care, General L-1 ZA ZA ZA Park & Recreation Facilities L-2 L-2 L-2 L-2 Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC Residential Care, General - L-1 PC PC Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities,'Minor P P P P Commercial Communication Facilities L-5 L-5 L-5 L-5 Horticulture ZA ZA ZA ZA Nurseries ZA ZA ZA ZA Visitor Accommodations Bed and Breakfast Inns - - L-4 - Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) Temporary Uses (J)(M) Commercial Filming, Limited P P P P Real Estate Sales P P P P (N) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) RL, RM, RMH, RH, and RMP Districts: Additional Provisions L-1 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre (gross acreage) or greater fronting an arterial in RL District. 09-1961/33725 2 Ordinance No. 3832 �jG-3ot,ce�TJon� ao©9 - d,� L-2 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. L-3 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. L-4 A conditional use permit from the Zoning Administrator is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. L-6 Neighborhood notification is required pursuant to Section 241.24. No architectural plans shall be required. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previously approved conditional use permit, if any, or approval of a new conditional use permit. (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens (See Section 210.08), for affordable housing(See Sections 210.10 and 230.14), or for density bonus (See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street; or (3) includes buildings exceeding 25 feet in height. (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition, Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s) to an existing Manufactured Home Park. (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Structures. (I) See Section 230.10: Accessory Dwelling Units. 09-1961/33725 3 Ordinance No. 3832 RL, RM, RMH, RH, and RMP Districts: Additional Provisions (J) See Section 241.20: Temporary Use Permits. (K) See Chapter 236: Nonconforming Uses and Structures. (L) See Chapter 233: Signs. (M) Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (N) See Section 230.18: Subdivision Sales Offices and Model Homes. (0) Limited to facilities on sites of fewer than 2 acres. (P) See Section 230.22: Residential Infill Lot Developments. (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee. (R) Small lot development standards for RM, RMH, and RH Districts. A conditional use permit from the Planning Commission is required for small lot residential subdivisions, including condominium maps for detached single family dwellings. See also Section 230.24: Small Lot Development Standards. (S) See Coastal Element Land Use Plan, Table C-2, for 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. 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. SECTION 2. 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: Mayor VF City Clerk VAPPROVED AS TO FORM: REVIEW APPROVED: Ci Attorney 61 fW o 5 Cit inistrator INITIA D AN APPROVED: ire r ofVanning 09-1961/33725 4 o Ord. No. 3832 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 NOES: Hardy ABSENT: Hansen ABSTAIN: None 1,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. In accordance with the City Charter of said City Joan L. Flynn, City Clerk C(J Clerk and ex-officio 6erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California 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. Environmentall/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. 09-1961/33723 1 Ordinance No. 3833 ;�&s a009- D. Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. E. Significant Disruption. 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 09-1961/33723 2 Urdinance No. 3833 4-,A00 Q- alb 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 pennitted 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 09-1961/33723 3 Ordinance No. 3833 ao 09— 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. 09-1961/33723 4 Ordinance No. 3833 o�u�v.J a009- ��- 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, 09-1961/33723 5 uru]nance 110. 50,53 X/fj,c3 it C. �jC sc�c r.�Tld� a 00 9 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. 09-1961/33723 6 ordinance No. 3833 � D L_60.1dn 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. 09-1961/33723 7 Ordinance No. 3833 , 7- � . 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 15 th day of June , 2009. ATTEST: OA&I*i LIM/- j4vw) Mayor City Clerk V AP VED AS TO FORM: REVIEWt ROVED: City Attorney �•4i4 /Cit Ad i strator TE AND iPPROVED: Director of PlAmTtng 09-1961/33723 8 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-offcio 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.Tune 01,2009 and was again read to said City Council at a regular meeting thereof held on.Tune 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-offrcio 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 In accordance with the City Charter of said City Joan L. Flynn, City Clerk tCerk and ex-offrcio Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California �'X fiyB/i -.roc 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. 09-1961/33781 1 Ordinance No. 3834 LU-776IJ CW 9- ,;I r 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 09-1961/33781 2 Ordinance No. 3834 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 Pleasing 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. 09-1961133781 3 Ordinance No. 3834 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. l. 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. 09-1961/33781 4 Ordinance No. 3834 013C--56444-e-7vj 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. 09-1961/33781 5 urai nance No. 38J4 ,o wo 9— A b. Bluffto access:ccess: 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 AccessmLay 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. 09-1961/33781 6 Ordinance No. 3834 iT 6'5s0Lu-770J 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 09-1961/33781 7 Ordinance NO. 3834 E X/S11,a/7- 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 09-1961/33781 8 Ordinance No. 3834 /T 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 09-1961/33781 9 Ordinance No. 3834 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. 09-1961/33781 10 Urdinance No. 3834 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. 09-1961/33781 1 1 Ural nance No. JO34 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. 09-1961/33781 12 Uf U 111CM ,C IYO. JOJ`t �C�sd�ur>o.J AOO9- 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: 1. 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 6LGcn6�j 07,009 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 15 t h day of June ,2009. ATTEST: 94ell Mayor City Clerk V A�OVED AS TO FORM: REVIEWE APPROVED: City Attorney City dmo istrator INITIAT AN PROVED: vo irector of Planning 09-1961/33781 14 Ord. No. 3834 STATE OF CALIFORNIA ) d L7O'J v10o9^ At'— 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. In accordance with the City Charter of said City Joan L. Flynn,City Clerk CoClerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 3835 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING CODE RELATING TO SITE STANDARDS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 230 of the Huntington Beach Zoning Code is hereby amended by amending Section 230.82 to read 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 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 and the City of Huntington Beach Municipal Codes. An applicant for a zoning permit or a building permit must demonstrate compliance with aforementioned rules,regulations and standards. 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. 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. 09-1961/33790 1 Ural nance No. JbJb EJC-/,B/T iC 6EJ 6 4-u- 7o,,-)cam?- ae SECTION 2. 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: Mayor City Clerk PPROVED AS TO FORM: REVIEW APPROVED: � C ty Attorney V �q 1 i1 Cit inistrator INITI—AT/ED D OVED: Director o Planning 09-1961/33790 2 Q,aa-;peyJ oZDd � ) Ord. No. 3835 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. In accordance with the City Charter of said City Joan L. Flynn, City Clerk CiU Clerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2009-28 z ,r 7` ,s. i"'3��'y ,,,'��'�` ,s.�:��r fi� t � ,?� �� '{r'*�.�o-�'r:"�-'•w�. a�e,�s �� - _ :�sa {� ' '4�-. 2. ,�° INS b CM ON ?.da•- _ �1�>,��``a...t. d'' a .,1��"..�`.- ' -�°i§"feu" - Sl - � - r_ •ate' -^�" c.�- �,�." �� ���, t� ��: ..Sr'3'`� � D .mg NEW .r+', -t"m�..ar.�`.r^ 2 ' `,r.�` a. s `" � �3x. � a �� ^��' I • • Res. No. 2009-28 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 resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 1, 2009 by the following vote: AYES: Carchio, Dwyer, Bohr, Coerper, Hansen NOES: Hardy ABSENT: Green ABSTAIN: None Cit Jerk and ex-officio Uerk of the City Council of the City of Huntington Beach, California