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HomeMy WebLinkAboutCoastal Conservation District - Code Amendment 84-6 - Amend IN THE Superior Curt OF THE \ 1 STATE OF CALIFORNIA `C In and for the County of Orange 1 CITY OF -HUNTINGTON BEACH+ CITY CLERK PROOF OF PUBLICATION f PUBLIC HEARING 84-6 NOTICE OF;PUBIdC HEARING CODE AMENDMENT NO:84-8 ' COASTAL cON$ERVATION DISTRICT' State of California ) NOTICE IS HEREBY GIVEN that a County of Orange )ss public'hearing will be held by the City Council of.the City of Huntington Beach, - in the Council,Chamber of the Civic Cen- Rita J.- Richter ter,Huntington Beach,at the-hour of 7:30 F P.M.,or as soon thereafter as possible on Monday the 4th day of June,1984.for the That I am and at all tipnes herein mentioned was a citizen of purpose of considering Code.Amendment the United States,over the age of twenty-one ears,and that I No.84-6,an amendment to Article 969.7 g � Y of the Huntington Beach Ordinance Code" am not a party to,nor interested in the above entitled matter; entitled Coastal ,Conservation District: that am the principal clerk of the printer of the Such amendment would,incorporate cer- tain modifications as e*wted by the HU NT I NGTO N BEACH I ND. REVIEW I A copy of ifornia Coproposed Code Amendment No.84-6 is on filwin•the Office of Devel- opment Services. a newspaper of general circulation,published in the City of All interested persons-are invited to attend said hearing and.express their, HU NT I NGTO N BEACH opinions for or against said Code Amend went No.84-6. -Further•information maybe obtained County of Orange and which newspaper is published for the a from the Office of the City Clerk,2000 disemination of local news and intelligence of a general charac- Mein Street,Huntington Beach,Calitor- g g nia.92648-(714)536-5227. ter, and which newspaper at all times herein mentioned had DATED May 16,11984. and still has a bona fide subscription list of paying subscribers, CITY;OF HUia M.Wentworth, BEACH By:Alicia M.Wentworth' f and which newspaper has been established, printed and pub- 1: City Clerk I lished at regular intervals in the said County of Orange fora period exceeding one year; that the notice, of which the annexed is a printed copy, has been published in the regular and entire issue of said newspaper,and not in any supplement thereof,on the following dates,to wit: May 241 1984 I certify(or declare) under penalty of perjury that the forego- ing is true and correct. Dated at............G.a rid en.G rov p.................. ifor-nia,this . th.dayof .Max....19�..... =. Rita J. Richter ........................:....... Signature Fnrm Nn WIP A2M9 REQUEST FOR CITY COUNCIL ACTION Date May 21, 1984 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrato Y� �i Prepared b James W. Palin, Director, Development Services &,� � Subject: CODE AMENDMENT NO. 84-6 - AN AMENDMENT TO SECTION 969. 7 (COASTAL CONSERVATION) OF DIVISION 9 OAd t;.lo( Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE : Code Amendment No. 84-6 would add to the Coastal Conservation District (Section 969 .7 of Division 9) wording which was adopted by the California Coastal Commission as suggested modifications to bring the Huntington Beach Coastal Land Use Plan zoning implementation into conformance with the Coastal Act. The Coastal Commission adopted the suggested modifications at their hearing in Los Angeles on April 11, 1984 . If the suggested modifications are incorporated into the zoning , the Coastal Commission staff could administratively deem the Huntington Beach Local Coastal Program certified, and the City would receive its coastal permitting authority. RECOMMENDATION : Approve Code Amendment No. 84-6 and ordinance. ANALYSIS : Planning. Commission Action: ON MOTION BY LIVENGOOD AND SECOND BY ERSKINE, CODE AMENDMENT NO. 84-6 WAS APPROVED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION BY THE FOLLOWING VOTE: AYES : Higgins, Winchell, Livengood, Porter , Erskine, Schumacher, Mirjahangir NOES : None ABSENT: None ABSTAIN: None Code Amendment No. 84-6 would add to the Coastal Conservation , District the following : P10 4/81 1. Three additional permitted uses in wetlands - boating entrance channels, aquaculture and dredging of navigation channels. 2. Change the definition of wetland from "covered seasonally with shallow water" to "covered periodically with shallow water" . 3. Include feasible mitigation measures for permitted and conditional uses. 4. Allow conditional uses where no feasible less environmentally damaging alternative exists. 5. Allow maintenance of existing modified flood control facilities ( including lining of channels) as a permitted use, and new flood control facilities as a conditional use in conjunction with a restoration project. ENVIRONMENTAL STATUS : Actions and programs necessary to implement a Local Coastal Plan are exempt under Section 21080. 9 of CEQA. FUNDING SOURCE : None needed. ALTERNATIVE ACTIONS : 1. Do not adopt Code Amendment No. 84-6 . In this case, the California Coastal Commission will not be able to certify the City ' s zoning implementation for the Coastal Land Use Plan. 2. Approve alternative language for Code Amendment No. 84-6 . In this case, the zoning implementation for the Coastal Land Use Plan will be considered for certification by the California Coastal Commission at a new public hearing. ATTACHMENTS: 1. Legislative draft 2. Planning Commission Staff Report dated 5-15-84 JWP•JAF :jlm 0706d -2- 5-21-84 - RCA PLANNII7 MISCELLANEOUS DISTRICTS S. 969. 7.0 ARTi.CLE 969.7 "CC" COASTAL CONSERVATION DISTRICT (Ord-2657) S. 969.7.0 Purpose S. 969. 7.1 Definitions S. 969. 7.2 Permitted Principal Uses and Structures S. 969.7.3 Uses and Structures Subject to a Conditional Use Permit S. 969. 7.4 Prohibited Principal Uses and Structures S. 969.7.5 Required Permits/Agreements S. 969. 7. 6 Performance Standards S. 969. 7.7 Required Findings S. 969. 7. 0 PURPOSE.. The. purpose of the Coastal Conservation (CC) District is to implement the General Plan 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 Costal Zone while allowing for appropriate utilization to occur. S 969.7.1 DEFINITIONS. Energy Facility: means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy. Environmentally Sensitive (Habitat) Area: means 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. Feasible: means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, social, and technological factors. Functional Capacity: means the ability of an environmentally sensitive area to .be self-sustaining and to maintain natural species diversity. Significant Disruption: means having a substantial adverse effect upon the functional capacity. Wetland: means 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. S. 969. 7.2 PERMITTED PRINCIPAL USES AND STRUCTURES. 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 use permit by the Board of Zoning Adjustments. Said permit shall insure that the uses are developed in a manner compatible with the purpose of this District. S2 969. 7.2 A MISCELLANEOUS DISTRICTS PLANNING (A) Incidental public service projects such as,. but not limited to, burying cables and pipes. (B) Maintenance of existing streets and utility structures S. 969.7.3 USES AND STRUCTURES SUBJECT TO A CONDITIONAL USE PERMIT. The following uses and structures may be permitted in the CC District subject to approval of a Conditional Use Permit [where there is no feasible less environmentally damaging alternative.and where feasible mitigation measures have been provided]. (A) New or expanded energy and coastal-dependent industrial facilities where no feasible, less environmentally damaging alternative exists (B) Diking, dredging and filling which are necessary for the protection, maintenance, restoration or enhancement of the environmentally sensitive habitat area' s. functional capacity (C) [(1) ] [Maintenance of existing modified flood control] 0 HAiiii [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 permitted 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 t-he 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. (2) 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. ] (D) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas (E) Pedestrian -trails and observation platforms for passive nature study; ie. , bird watching and the study of flora and .fauna native to the site. Such uses may be located within an environmentally sensitive habitat area provided that said use(s) are immediately adjacent to the area's peripheral edge. [(F) Maintaining existing, or restoring previously dredged depths in existing navigational channels, turning basins, vessel berthing and mooring. areas, and boat launching ramps. (G) In wetland areas only, entrance channels for new or expanded boating facilities; and in a degraded wetland, identified by the Department of Fish and Game pursuant to subdivision (b) of Section 30411, for boating facilities; if, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland. The size of the wetland area used for boating facilities, including berthing space, turning basins, necessary navigation channels, and any necessary support service facilities, shall not exceed 25 percent of the degraded wetland. (H) Nature study, aquaculture, or similar resource dependent activities. ] S. 969. 7.2 A MISCELLANEOUS DISTRICT: PLANNING. S. 969.7.4 PROHIBITED .PRINICPAL USES AND STRUCTURES. Any principal use or structure not expressly permitted is prohibited herein. S. 969. 7.5 REQUIRED PERMITS/AGREEMENTS. Before the application can be considered complete, the, project shall receive the following state and federal regulatory permits/agreements or a statement from the regulatory body that said permit/agreement is inapplicable. The required regulatory permits/agreements shall be forwarded to the Director prior to the submittal of said project to a decision making body. (A) United States Army Corps of Engineers Section 404 and Section 10 permits; (B) California Department of Fish and Game 1601-1603 agreement; (C) State Water Resource Control Board (permit depends on the operation); (D) Regional Water Quality Control Board (permit depends on the operation); (E) A permit from the California State Lands Commission may also be required. S. 969. 7.6 PERFORMANCE STANDARDS: (A) Before the application can be considered complete, the -project shall comply with the following standards to the satisfaction of the Director: PLANNING MISCELLANEOUS DISTRICTS S. 969.7.6(A)(1) (1) All feasible mitigation measures shall be incorporated into projects so as to minimize adverse environmental effects.. (a) If the project involves dredging, mitigation measures must include the following: (i) dredging and spoils disposal must be planned and carried out to avoid significant disruption to wetland habitats and to water circulation; (ii) 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; (iii) dredge spoils suitable for beach replenishment shall, where feasible, be transported to appropriate beaches or into suitable longshore current systems (iv) 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. (i) 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. (ii) 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 would be appropriate if the applicant already owned filled, diked areas which themselves were' not environmentally sensitive habitat areas but would become so, if such areas .were opened to tidal action or provided with other sources of surface water. (iii) If no appropriate restoration sites under options .(a) and (b) are available, the applicant shall pay an in-lieu fee of sufficient value to an appropriate public agency for the purchase and restoration of an area of equivalent productive value, or equivalent surface area. S. 969.,.7.E A 1. _ b iii` MISCELLANEOUS DISTRICTS PLANNING This third option shall be allowed only if the applicant is unable to find a willing seller of a potential restoration site. The public agency may also face difficulties in acquiring appropriate sites even though it has the ability to condemn property. Thus, the in-lieu fee shall reflect the additional costs of acquisition, including litigation, as well as the cost of restoration. 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 revegetated with native or naturalized species of a quantity and quality equal to that removed. (3) Pedestrian trails, observation platforms and other incidental structures shall be designed to minimize the disturbance of wildlife and vegetation; examples of improvements so designed would be elevated walkways and viewing platforms, and vegetation and structural barriers to minimize 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) Restoration and enhancement efforts of environmentally sensitive .habitat areas shall minimize the risk of flood damage to adjacent properties. (6) Any construction, alteration or other improvements shall generally be carried out between September 15 and April 15 to avoid impacts to 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 impacts would occur, in which case construction shall be timed to minimize 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 reestablished subsequent to the conclusion of the project unless the topography is to be altered in conformance with an approved restoration project (B) The applicant shall demonstrate that the functional capacity is maintained or enhanced through the following unless relieved of any one or more of these requirements by the California Department of Fish and Game; that the project does not. significantly: (1) alter presently occurring .plant and animal populations in the ecosystem 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 functioning of a wetland or estuary;. PLANNING._ MISCELLANEOUS DISTRICTS S. 969. 7. 6(3)(4) (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. (C) If the proposed project involves restoration of a degraded wetland, the applicant shall comply with Section. 30411 [and Section 30233] of the Public Resources Code to the satisfaction of the Director. S. 969. 7.7 REQUIRED FINDINGS. It is the intent of this section to 'ensure an environment. which is suitable for the self-perpetuation of environmentally sensitive habitat areas. (A). Prior to energy production facilities being approved, the approving authority shall make the. following finding with statement of facts : Provision has been made for enhancement of a significant portion of the project area, to ensure preservation of plant and wildlife species. (B) For any other project the applicant shall establish and the approving authority shall find that the functional capacity of the environmentally sensitive habitat area is being maintained. huntington beach development services department STA f f REPORT TO : Planning Commission FROM: Development Services DATE: May 15, 1984 SUBJECT: CODE AMENDMENT NO. 84-6 An amendment to Section 969 .7 (Coastal Conservation) 1. 0 ' SUGGESTED ACTION : Approve Code Amendment No. 84-6 and recommend. it to the City Council for adoption. 2.0 GENERAL INFORMATION: Code Amendment No. 84-.6 would add to the Coastal Conservation District (Section 969 .7 of Division 9) wording which was adopted by the California Coastal Commission as suggested modifications to bring the Huntington Beach Coastal Land Use Plan zoning implementation into conformance with the Coastal Act.. The Coastal Commission adopted the suggested modifications at their hearing in Los Angeles on April 11, 1984. If the suggested modifications are incorporated into the zoning , the Coastal Commission staff could administratively deem the Huntington Beach Local Coastal Program certified, and the City would receive its coastal permitting authority. 3.0 ENVIRONMENTAL STATUS : Actions .and programs necessary to implement a Local Coastal "Plan are exempt under Section 21080 .9 of CEQA.. 4.0 ANALYSIS: The amendment would add to the Coastal Conservation District the following: 1. Three additional permitted uses in wetlands - boating entrance channels, aquaculture and dredging of navigation channels. 2. Change the definition of wetland from "covered seasonally with shallow water" to "covered periodically with shallow water" . 3. Include feasible mitigation measures for permitted and conditional uses. 9 A-FM-238 4. Allow conditional uses where no feasible less environmentally damaging alternative exists. 5 . Allow maintenance of existing modified flood 'control facilities ( including lining of channels) as a permitted use, and new flood control facilities as a conditional use in conjunction with a restoration project. 5 .0 RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No. 84-6 and recommend. it to the City Council for adoption. ATTACHMENT: 1. Legislative draft JAF :jlm 0654d Publish 'May 24, 1984 NOTICE OF PUBLIC HEARING ejC+` CODE AMENDMENT NO 84-6 COASTAL CONSL AjJ9N- j5= NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington .Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Monday the 4th day of June 1984 for the purpose of considering Code Amendment No. 84-6, an amendment to Article 969.7 of the Huntington Beach Ordinance Code entitled Coastal Conservation District. Such amendment would incorporate certain modifications as suggested by the California Coastal Commission. A copy of proposed Code Amendment No. 84-6 is on file in the Office of Development Services. All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment No. 84-6 Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED May 16, 1984 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk J✓ LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTI IS HEREBY GIVEN that a public hearing will be held, by the City �' err; �R �'^-�� --= -- of the City of Huntington Beach, California, for the purpose of considering Code Amendment No . 84-6 , an amendment to_ Article 969 . 7, of the Huntington Beach Ordinance Code entitled Coastal Conservation District . Such amendment would incorporate certain modifications as suggested by the California Coastal Commission. Said hearing will be held at the hour of .7 ,30 P .M . , on 1g , in the Council Chambers Building of the Civic Center, 900 Main Street, Huntington Beach, California. All interested persons are invited to attend said hearing and express their opinions for or against the proposed Code Amendment No. 84-6 Further information may be obtained from the City Planning Department. Telephone No . /(714) 536-5271 DATED this --/ "` day of May, 1984 CITY n .e4=TT-ggTnm_ By :5 e 8 Polio, S e-er eti a r-y NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING ITEM !% Q�qjZA TO: ' CITY CLERK'S OFFICE DATE: FROM: PLEASE .SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE DAY OF 19�fy/ AP's are attached AP's will follow L000-�o AP's Initiated by: Planning Commission Planning Department Petition * Appeal Other Adoption of Environmental Status (x) YES NO Refer to Planning Department - Extension for itional information. * If appeal , please transmit exact wording to he required in the legal .