Loading...
HomeMy WebLinkAboutLocal Coastal Program Amendment 2-94 - White Hole - Zone Cha (2) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday,March.l8, 1996, at 6:30 PM in the City Council Chambers, 2000 Main Street, Huntington Beach,the City Council will hold a public hearing on the following planning and zoning item: A. LOCAL COASTAL PROGRAM AMENDMENT NO. 2-94 (WHITE HOLE): Applicant: City of Huntington Beach Request: to rezone various parcels to a CC (Coastal Conservation) base zone, and to amend Article 969.7 of the Huntington Beach Local Coastal Program and Zoning Code,to be consistent with Coastal Commission's suggested modifications to Local Coastal Program Amendment No. 2-94. Location: Inland side of Pacific Coast Highway between Beach Boulevard and the Santa Ana River(White Hole area-see attached map) Project Planner: Scott Hess NOTICE IS HEREBY GIVEN that Items) 41 is categorically exempt pursuant to Section 15265 of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that Items)41 is located in the Coastal Zone and will be consistent«rith the California Coastal Commission's action on November 16, 1995 relative to Local Coastal Program Amendment No. 2-94. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report trill be available to interested parties at the City Clerk's Office after March 15, 1996. ALL IINTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at,or prior to, the public hearing. If there are any further questions please call the Planning Division at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714)536-5227 �♦e .i tee♦,♦♦SQ • • eee•w► ••I ••• ♦`••i••��f ii a,,eel♦tl!� . %ee SS � eee e� �•�\i\i.`i ��e �_�♦♦�♦`♦ •♦```��••i'•ii���•i.•i_ ems_i��i � NOW • :t���♦♦♦��♦` •��.•4' 300 fee i '•.•ice♦��•••'js'��•y�•i• _ 'A S (2) 04127/98 - Council/Agency Agenda - Page 2 r 3. (City Council) Streets And Highways Of Southeast Huntington Beach (15 Minutes) Communication from the Acting Public Works Director regarding street maintenance. Staff Presentations - Daryl Smith, Acting Director of Public Works Department Public Participation - Questions and Answers 4. (City Council) Southern California Edison's Electric Generating Plant(Sold To AES Corporation) - Pacific Coast Highway Between Newland And Magnolia Streets (15 Minutes) Communication from the Community Development Director regarding the sale of Southern California Edison's Huntington Beach Power Plant on Pacific Coast Highway between Newland and Magnolia Streets to AES Corporation. Staff Presentations - Melanie Fallon, Director of the Community Development Department Public Participation - Questions and Answers 5. (City Council)Wetlands Topic - Property Located At Pacific Coast Highway Between Beach Boulevard And Santa Ana River And Possible Purchase Of Property By California Coastal Conservancy (15 Minutes) Communication from the Community Development Director regarding the Wetlands Topic relative to Local Coastal Program Amendment No. 2-94 (Zone Change No. 88-18/Code Amendment No. 93-8) White Hole Area, 232 acres located on the inland side of Pacific Coast Highway between Beach Boulevard and the Santa Ana River and 35.acres along Pacific Coast Highway between Magnolia and Brookhurst Streets. Also regarding the California Coastal Conservancy's consideration of purchasing 35 acres of property designated Coastal Conservation located along Pacific Coast Highway between Magnolia and Brookhurst Street. Staff Presentations - Scott Hess, Senior Planner, Community Development Department Public Participation - Questions and Answers 6. (City Council) Orange Sanitation District Sewage Plant Update (15 Minutes) Staff Presentations - Doug Steward, Engineering Manager, O.C. Sanitation District Public Participation - Questions and Answers (2) f e CITY OF HUNTINGTON BEACH Inter Office Communication Community Development Department TO: Honorable Mayor and City Council -�/ FROM: Melanie Fallon, Community Development Director* �-il(� . VIA: Ray Silver, City Administrator DATE: April 20, 1998 SUBJECT: Southeast Huntington Beach Meeting- Wetlands Topic In 1996, the Coastal Commission certified the City's Local Coastal Program(LCP) for the "white hole" area. The"white hole"refers to 232 acres located along the inland side of Pacific Coast Highway between Beach Boulevard and the Santa Ana River. The LCP created zoning standards to maximize the possibility that wetland areas can be protected in their entirety and to the maximum extent possible. In addition it established a mechanism for determining whether uses other than wetlands should be permitted in order to ensure that property owners have an economically viable use of their property. More recently, there has been discussion relative to approximately 35 acres along Pacific Coast Highway between Magnolia Street and Brookhurst Street. The California Coastal Conservancy is considering the purchase of this property because it is listed as being scheduled for tax auction by the County of Orange and is designated coastal conservation pursuant to the LCP. The Conservancy intends to prepare an enhancement plan that will explore alternatives for different habitats. Attached is the Council Staff Report that discusses the Local Coastal Program changes in 1996, and a copy of the County Assessor's Map identifying parcel number 114-160-69 that is scheduled for a tax auction. Attachments: 1. City Council report for the"White Hole" (Wetlands) Area 2. Assessor Parcel Map No. 114-16, Parcel 69 MSF:SH:jr (498msfl 4) Council/Agency Meeting Held: 3 L9d Deferred/Continued to: , CeYAp roved Con i ionaliy Apprced ❑ Denied City Clerk Signature z . 2-0 Council Meeting Date: March 18, 1996 Department ID Number: CD 96-17 33,QS4. a5a& 7-0 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator 6?4P PREPARED BY: MELANIE S. FALLON, Director Community Developmen Zqx-e- SUBJECT: LOCAL COASTAL PROGRAM AMENDMENT NO. 2-94 (ZONE CHANGE NO. 88-18/CODE AMENDMENT NO. 93-8) WHITE HOLE AREA 4FD 1-3 I d �" �- J b - .� 6 Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is Local Coastal Program Amendment No. 2-94 which represents Zone Change No. 88-18 and Code Amendment No. 93-8 referring to the "white hole" area. The "white hole" refers to 232 acres located along the inland side of Pacific Coast Highway between Beach Boulevard and the Santa Ana River. The City Council approved Ordinance No. 3033 as part of Zone Change No. 88-18 rezoning ten (10) areas in the "white hole" area of the Coastal Zone on April 2, 1990. The City Council approved Ordinance No. 3251-B as part of Code Amendment No. 93-8 amending the "CC" (Coastal Conservation) language of the Huntington Beach Ordinance Code on September 6, 1994. On September 6, 1994, the City Council also approved Resolution No. 6628, which forwarded Local Coastal Program Amendment No. 2-94 to the California Coastal Commission. The California Coastal Commission, at their public hearing on November 16, 1995, approved Local Coastal Program Amendment No. 2-94 with suggested modifications. The recommended modifications by the California Coastal Commission require two (2) new ordinances which are attached to this report. Funding Source: Not applicable Recommended Action: Motion to: "Approve Local Coastal Program Amendment No. 2-94 (Zone Change No. 88-8/Code Amendment No. 93-8) incorporating the suggested modifications recommended by the California Coastal Commission based upon the findings outlined in Attachment No. 1 by doping Ordnance No.33a5 (Attachment No. 3) and Ordinance No.33�(0 (Attachment #QUEST FOR COUNCIL ACION MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD 96-17 Alternative Action(s): The City Council may take the following alternative action: Motion to: - 'Deny Local Coastal Program Amendment No. 2-94 with findings (a consequence of this action will void the California Coastal Commission's approval of Local Coastal Program Amendment No. 2-94)." Analysis: There are two components of a Local Coastal Program that need to be completed to achieve certification of the White hole"area. They are: (1) adoption of a Land Use Plan (LUP); and (2) adoption of an Implementation Plan (IP) that consists of Zoning District Maps and text. .:.. Cii .. coastal Commission General Plan Land Use Plan Coastal Element LUP Zoning Ordinance Implementation Plan (IP.) Local Coastal Program (Zoning District Map (Zoning District Maps (LCP) and Text) and Text The Land Use Plan was approved in 1986. This LCPA represents the Implementation Plan and is the final step of completing certification for the 'White hole"area. The following is a summarized history-of-the .'White. hole".area, a _discussion of the Coastal Commission's recent modifications to Local Coastal Program Amendment No. 2-94 and summary of. staffs recommendation. History: The City's Coastal Element was prepared in accordance with the California Coastal Act of 1976, and submitted to the South Coastal Regional Coastal Commission for a hearing in May, 1981. The Coastal Element Land Use Plan was rejected by the Coastal Commission at that time partly due to failure to adequately protect wetlands which had been delineated by the Department of Fish and Game in preliminary wetlands studies conducted in 1979 and 1981. After completion of minor changes, a second rejection by the Coastal Commission, and further modifications, the Land Use Plan was finally certified in geographic part by the Coastal Commission on November 17, 1982. The Coastal Commission, however, denied certification of the geographic area along the inland side of Pacific Coast Highway between Beach Boulevard and the Santa Ana River ("white hole"), due to the prelimine y wetland el status assigned to it by the Department of Fish and Game. C1793-17.DOC -2- 03 :;13 0 r REQUEST FOR COUNCIL ACTION MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD 96-17 In February, 1983, the Department of Fish and Game released their report entitled "Determination of the Status of the Huntington Beach Wetlands" (discussed in greater detail in Attachment 11). That study reaffirmed their preliminary assessment and concluded that 136.6 acres of land between Beach Boulevard and the Santa Ana River were either viable or restorable wetland. Most of this wetland area was within the non-certified area of the coastal zone. In 1986, the City of Huntington Beach prepared a study which was intended to resolve the wetland issue and resulted in a Land Use Plan for the non-certified area (Attachment 11). The study analyzed three (3) alternative land use scenarios which were intended to address a range of intensities from almost no development to almost complete development of the area. During an extended public hearing process, the Department of Fish and Game, the California Coastal Conservancy and the Coastal Commission staff emphasized that virtually the only certifiable land use designation under the provisions of the Coastal Act was conservation. The only exceptions were the Action Boat Brokers property at the northeast corner of.Beach Boulevard and Pacific Coast Highway, the strip of land between Cabrillo Mobile Home Park and Pacific Coast Highway, and the developed Edison Company property. On June 2, 1986, the City Council concurred with that advice and adopted a Land Use Plan for the area. On April 13, 1987, the California Coastal Commission certified the Land Use Plan as submitted by the City. It designated approximately 7.0 acres as Visitor Serving Commercial, 125 acres as Conservation, 83 acres as Industrial Energy Production and 17.0 acres as Industrial Energy Production/Conservation (Attachment 5). The Land Use Plan is the guiding document for the regulation of land uses. To complete certification of the "white hole" area, it was necessary to bring the zoning into conformance with the Land Use Plan. Zone Change No. 88-18 was prepared in 1989, which proposed to change the base zones of several properties to "Coastal Conservation" (CC) District. In February 1989, the Planning Commission took action to withdraw the request based upon information from the City Attorney that the zone change may deny the subject landowners a viable economic use of their property and that the City may be found liable for the taking. In March, 1989, the City Council considered an appeal of the Planning Commission's action and requested a legal opinion of the proposed zone change from outside counsel. Based upon the conclusions of the legal opinion, the City Council in October, 1989, directed staff to refer the zone change back to the Planning Commission for reconsideration. J CD 3 ,.DEC -3- 03/07/98 9:20 AM *QUEST FOR COUNCIL ACTIN MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD 96-17 Subsequently, the Planning Commission approved and in February, 1990, the City Council adopted Ordinance No. 3033 to change the zoning on the property as follows: Designating Visitor Serving Commercial (VSC) on seven (7) acres at Pacific Coast Highway and Beach Boulevard; Applying the Coastal Cone (CZ) suffix to 83 acres of existing Edison Facilities; and Affixing the Coastal Conservation (CC) suffix to existing zoning on the remaining 142 acres. A resolution with the adopted ordinance was sent to the California Coastal Commission seeking final certification of the "white hole" area. In May, 1992, the California Coastal Commission adopted Local Coastal Program Amendment No. 90-2 (Zone Change No. 88- 18) with modifications based upon several reviews of the proposal by legal counsels from both the City and Coastal Commission, staff and property owners. Because the California Coastal Commission's action included modifications, it was subject to acceptance by the City Council within a six (6) month time frame. In November 1992, the City Council reviewed the modifications and did.not take action accepting them because some Councilmembers wanted more time to evaluate their potential impacts.. The six (6) months time period elapsed. In 1993, the City Council directed staff to complete certification of the City's Local Coastal Program for the "white hole" area. Thus, Ordinance No. 3251-B (Code Amendment No. 93- 8) was adopted by the City Council in 1994 which amended the Coastal Conservation language as suggested by the Coastal Commission in their 1992 action. A resolution representing Local Coastal Program Amendment No. 2-94 was transmitted to the Coastal Commission again seeking final certification of the "white hole" area. Local Coastal Program Amendment No. 2-94 included Zone Change No. 88-18 and Code Amendment No. 93-8 and was intended to be adequate to carry out the goals and policies of the certified Land Use Plan. Coastal Commission's Modifications: On November 16, 1995, the Coastal Commission adopted Local Coastal Program Amendment No. 2-94 (Zone Change No. 88-18/Code Amendment No. 93-8) with modifications (Attachment No. 8). The City has six months from Coastal Commission approval to accept the modifications or they will expire. If they expire, the City must re- submit an entirely new application to seek certification of the "white hole" area. If the City chooses to accept the modifications, two ordinances are required and a resolution accepting CD96-17.DC r -•- 03107/96 9:20 A41 REQUEST FOR COUNCIL ACTION MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD 96-17 the modifications must be adopted. Staff has prepared an ordinance reflecting the changes to the Zoning District Maps (Attachment No. 3), and an ordinance reflecting the changes to the CC (Coastal Conservation) District language of the Zoning Code (Attachment No. 7) pursuant to the modifications. The modifications are necessary in order for the LCPA to be in conformance with and adequate to carry out the certified Land Use Plan. The following is a summary of the changes: A. Zoning Map (Implementation Zoning) Changes The 1990 zone change added a CC suffix to all parcels that have a land use designation of conservation. The Coastal Commission felt the CC suffix is not consistent with the requirements of the Coastal Act and Land Use Plan because the suffix combined with non-conservation base zoning allows a variety of uses that are in conflict with the standards of the Land Use Plan and are not protective of the wetlands. The suggested modifications include deleting the CC suffix and rezoning all parcels which contain a land use designation of conservation, and energy production/conservation, in whole or-part; to be.,-base zoned Coastal Conservation District (Attachment No. 2). The proposed ordinance (Attachment No. 3) amends eight (8) areas (identified as Areas A-H) on the zoning maps. Attachment No. 4 provides a history of zoning and description of each area. The base zoning is being changed while the various overlay zones (O, CZ and FP) are retained. B. Coastal Conservation (CC) District Language (Implementation Plan) Changes The modifications made by the Coastal Commission include revisions to the CC District as follows: 1. Adopt language so it applies to all CC zoned parcels requiring an overall development plan, providing wetland studies and alternative analysis at the time of coastal development permit application, requiring permanent preservation if wetland areas and prohibiting further subdivision of parcels containing wetlands. 2. Add new language requiring specific information at the time of the coastal development permit application if the property owner contends that the uses provided for in the CC District are not economically viable. This suggested modification establishes a process by which a property owner may submit an application for economically viable use determination. As part of the application, information relative to the purchase price, fair market value of the property at the time of acquisition, the general plan designation and zoning of property at the CD96-17.DOC -5- 0 i07;^�3 5:20_M-A AQUEST FOR COUNCIL ACT& MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD 96-17 time of acquisition, any development restrictions on the property, any sale or lease of the portion of property since time of purchase, any offers to buy subject property, applicant's costs associated with ownership of the property (including property taxes, property assessments, debt service costs, maintenance costs, etc.) over the last five (5) years, and any income generated by the use of the property over the last five (5) years. 3. Add new language which specifies the findings that must be made if deprivation of all economic use is determined. There would be two (2) findings the decision making authority must adopt prior to approving a coastal development permit. The first is that based upon the economic information provided by the applicant, each use allowed by the CC District would not provide an economically viable use of the applicant's property. The second finding is that restricting the use of the applicant's property to the uses provided for in the CC District would interfere with the applicant's reasonable investment-backed expectations. 4. Add new language to provide allowable uses and development standards if deprivation of all economic use is determined. Should the decision making authority adopt the findings. listed in No. 3 above, then the uses provided for in - the Visitor Serving Commercial District may be allowed as a conditional use. However, prior to approval of a coastal development permit, there are performance standards that must be met and it must be shown that there is not a feasible, less environmentally damaging Visitor Serving Commercial alternative which also would provide the applicant with an economically viable use. A greater discussion of the modifications can be found on Pages 33-40 of the Coastal Commission Staff Report dated October 26, 1995 (Attachment No. 9). SUMMARY: The Coastal Commission recognizes this area of Pacific Coast Highway presents a unique situation. The Department of Fish and Game made a determination that the majority of the area is wetlands. Over the past several years, the property owners have questioned whether the uses permitted in the CC District will provide them with an economic use of their property. The suggested modifications allows them to challenge the economic viability of the permitted uses. Staff recommends the City Council approve Local Coastal Program Amendment No. 2-94 (Zone Change No. 88-18/Code Amendment No. 93-8) as modified by the Coastal Commission for the following reasons: It is in conformance with and is adequate to carry out the policies of the Certified Land Use Plan because it maximizes the possibility that wetland areas can be protected in their entirety. C+;,3 -17.D 0C -6- 03107/96 9:20 ANI REQUEST FOR COUNCIL ACTION MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD 96-17 — It provides a mechanism for determining whether uses other than those specified in the Coastal Conservation District should be permitted in order to ensure that property owners have an economically viable use of their property. — It does not conflict with other components of the Coastal Element of the City's General Plan because it will preserve wetland areas to the maximum extent possible. Environmental Status: The Coastal Commission is the lead -agency in terms of meeting CEQA requirements for local coastal programs. The Commission, as part of their approval in November 1995, determined that Local Coastal Program Amendment No. 2-94 is in full compliance with CEQA. Attachment(s): City Clerk's Page Number 1. Findings for Approval - Local Coastal Program Amendment No. 2-94 (Zone e o 88-18/ ode Amendment No. 93-8 Change N C C 9 )• �+. 2. Local Coastal Program Amendment No. 2-94 Zoning Map. :::...... ........_;..:.. 3. Ordinance No.3? ..5 Amending District Maps 14Z, 22Z, and 29Z. ............. _......................__ ............ ........... .............. 4. Discussion of Zone Change by Area. .. 5. Certified Land Use Plan. 6. Legislative Draft of.Article 969.7 of the Zoning Ordinance. 4 7. Ordinance No53Z Amending Article 969.7 (Coastal Conservation). 8. California Coastal Commission's Suggested Modifications Letter Dated November 29, 1995. 9. California Coastal Commission Report for Local Coastal Program Amendment No. 2-94 Dated October 26, 1995. 10. Letter Dated November 13, 1995, from Maria P. Rivera of MCCutchen, Doyle, Brown & Emersen. w 11. Non-Certified Coastal Areas Analysis dated May 1986 (includes City Council Resolution No. 5760-A Adopting Coastal Element X. Amendment No. 86-1 and DFG Wetlands Analysis dated June 2, 1986). CD96-17.DOC -7- 03107/90 10:03 AM ATTACH. MEN T 1 ',� KEQUEST FOR COUNCIL ACl iON MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD 96-17 FINDINGS FOR APPROVAL LOCAL COASTAL PROGRAM AMENDMENT NO. 2-94 (ZONE CHANGE NO. 88-18/CODE AMENDMENT NO. 93-8 FINDINGS FOR APPROVAL - LOCAL COASTAL PROGRAM AMENDMENT NO. 2-94: 1. Local Coastal Program Amendment No. 2-94 is in conformance with and is adequate to carry out the policies of the Certified Land Use Plan because it maximizes the possibility that wetland areas can be protected in their entirety. 2. Local Coastal Program Amendment No. 2-94 provides a mechanism for determining whether uses other than those specified in the Coastal Conservation District should be permitted in order to ensure that property owners have an economically viable use of their property. _.. 3. Local Coastal Program Amendment No. 2-94 does not conflict with other components of the Coastal element of the City's General Plan because it will preserve wetland areas to the maximum extent possible. 4. Local Coastal Program Amendment No. 2-94 reconciles the inconsistency between the Land Use Plan and Implementation Plan by base zoning those areas designated a Conservation by the LUP as Coastal Conservation District. CD96-17.D0G 03/07/96 9:20 ANI 1 da Qp ad NO To ALN .�i•••`�,••�+♦,,♦♦♦ •� ', ♦♦♦�,\\��t is .011 %Xc NO Al •- i i /2 i a ORDINANCE NO. . AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING THE ZONING MAP PURSUANT TO SECTION 201.0413 TO PROVIDE FOR A CHANGE OF ZONING WITHIN VARIOUS DISTRICTS WITHIN THE "WHTTEHOLE"AREA OF THE COASTAL ZONE WHEREAS, pursuant to the State Planning and Zoning Laws, the Huntington Beach City Council has held a public hearing relative to Local Coastal Program Amendment No. 2-94 wherein all information presented at said hearing was carefully considered, and after due consideration of the findings and all evidence presented to the City Council, the City Council found that such zone change to the Zoning Map was proper, and consistent with the Huntington Beach General Plan and Huntington Beach Local-Coastal Program; and Pursuant to the California Coastal Act, Local Coastal Program Amendment No. 2-94 was referred to the Coastal Commission for its consideration and certification; and The Coastal Commission has certified Local Coastal Program Amendment No. 2-94 with suggested modifications; and The City Council wishes to accept and approve said modifications in accordance with the provisions of the California Coastal Act, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The zoning designation of the following described real property consisting of approximately 4.8 acres, generally located on the inland side of Pacific Coast Highway beginning approximately 435 feet southeast of the northeast corner of the intersection of Pacific Coast Highway and Beach Boulevard and extending southeast approximately 2,070 feet, in the City of Huntington Beach, County of Orange, State.of California, being that portion of fractional Section 13 and that portion of fractional Section 24 all in Township 6 South, Range 11 West, S.B.B. & M. in the Rancho Las Bolsas, per map recorded in Book, 51, Page 14 of IvEscellaneous IMaps in the ofizce of the Recorder of said county, and designated as"A" on Exhibit "1" (overlay Y 1 4\s:PCD:0rdina..ee:W it:.ole 3/6/96 RLS 96-154 to District Map 14Z of the Huntington Beach Zoning and Subdivision Ordinance), is hereby changed from VSC-CZ-FP2 (Visitor Serving Commercial with Coastal Zone and Floodplain overlays)to CC-CZ-FP2 (Coastal Conservation with Coastal Zone and Floodplain overlays). SECTION 2. The zoning designation of the following described real property consisting of approximately 33 acres, generally located on the east side of Beach Boulevard beginning approximately 200 feet north of the northeast corner of the intersection of Pacific Coast Highway and Beach Boulevard and extending north approximately 1,110 feet, in the City of Huntington Beach, County of Orange, State of California, being that portion of fractional Section 13 and that portion of fractional Section 24 all in Township 6 South, Range 11 West, S.B.B. &M. in the Rancho Las Bolsas, per map recorded in Book 51, Page 14 of Miscellaneous Maps in the Office of the Recorder of said county, and designated`B" on Exhibit"1" (overlay to District Map 14Z of the Huntington Beach Zoning and Subdivision Ordinance), is hereby changed from RA O-CC- CZ-FP2 (Residential Agricultural with Oil, Coastal Conservation, Coastal Zone, and Floodplain overlays)to CC-O-CZ-FP2 (Coastal Conservation with Oil, Coastal Zone and Floodplain overlays). SECTION 3. The zoning designation of the following described real property consisting of approximately 16.37 acres, generally located to the north and to the west of the Orange County Flood Control Channel D1-2, that portion of the southwest 1/4 of Section 13, Township 6 South, Range 11 West, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 51, Page 14 of Miscellaneous Maps, in the Office of the County Recorder of said County, designated as"C" on Exhibit"I" (overlay to - District Map 14Z of the Huntington Beach Zoning and Subdivision Ordinance), is hereby changed from M1-A-O-CC-CZ-FP2 (Restricted Manufacturing with Oil, Coastal Conservation, Coastal Zone, and Floodplain overlays)to CC-0-CZ-FP2 (Coastal Conservation with Oil, Coastal Zone, and Floodplain overlays). SECTION 4. The zoning designation of the following described real property consisting of approximately 17 acres, generally located on the inland side of Pacific Coast Highway to the east of the Edison Company Power Plant and extending east along Pacific Coast Highway approximately 1,000 feet and north to the Orange County Flood Control Channel D1-1, in the City of Huntington Beach, County of Orange, State of California, being that portion of fractional i 2 4's:P MOrdinance:Whi1hole 3/6/96 RLS 96-154 Section 13 and that portion of fractional Section 24 all in Township 6 South, Range 11 West, t S.B.B. &M. in the Rancho Las Bolsas, per map recorded in Book 51, Page 14 of Miscellaneous Maps in the Office of the Recorder of said county, designated"D" on Exhibit"1" (overlay to District Maps 14Z and 29Z of the Huntington Beach Zoning and Subdivision Ordinance), is hereby changed from M2-O-CC-CZ-FP2 (Industrial District with Oil, Coastal Conservation, Coastal Zone , and Floodplain overlays) and RA-CC-CZ-FP2 (Residential Agricultural with Coastal Conservation, Coastal Zone, and Floodplain overlays)to CC-O-CZ-FP2 (Coastal Conservation with Oil, Coastal Zone, and Floodplain overlays) and CC-CZ-FP2 (Coastal Conservation with Coastal Zone and Floodplain overlays). SECTION 5. The zoning designation of the following described real property consisting of approximately 10 acres, generally located on the inland side of Pacific Coast Highway at the northwest corner of Pacific Coast Highway and Magnolia Street and extending approximately 700 feet west along Pacific Coast Highway and north to the Orange County Flood Control District Channel D1-1, that portion of the northeast 1/4 of Section 24, Township 6 South, Range 11 West, in the Rancho Las Bolsag, City of Huntington Beach, County of Orange, State of California, designated as"E", on Exhibit"1" (overlay to District Maps 14Z and 29Z of the Huntington Beach Zoning and Subdivision Ordinance), is hereby changed from LUD-CC-CZ-FP2 (Limited Use District with Coastal Conservation, Coastal Zone, and Floodplain overlays)to CC- CZ-FP2 (Coastal Conservation with Coastal Zone and Floodplain overlays). SECTION 6. The zoning designation of the following described real property consisting of approximately 56 acres, generally located on the inland side of Pacific Coast Highway between Magnolia Street and Brookhurst Street and north to the Orange County Flood Control District Channels D1-1 and D2 -2, that portion of the west 1/2 of Section 19, Township 6 South, Range 10 West, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California designated as"F" on Exhibit"1" (overlay to District Maps 22Z and 29Z of the Huntington Beach Zoning and Subdivision Ordinance), is hereby changed from LUD-CC-CZ-FP2 (Limited Use District with Coastal Conservation, Coastal Zone, and Floodplain overlays) to CC- CZ-F2 (Coastal Conservation with Coastal Zone and Floodplain overlays). SECTION 7. The zoning designation of the following described real property consisting of approximately 16 acres, generally located on the inland side of Pacific Coast Highway between d 3.6:96 RLS 96-154 i Brookhurst Street and the Santa Ana River extending north to the Orange County Flood Control District Channel D2-1, that portion of Section 19, Township 6 South, Range 10 West, in the Rancho Las Bolsas, in the City of Huntington Beach, County of Orange, as shown on map recorded in Book 51, Page 14 of Miscellaneous Maps, in the Office of the County Recorder of said county, acquired by the State of California by Parcel 3 of Final Order of Condemnation(State Parcel Al788), filed in Superior Court Case No. 123366, a certified copy of said final order being recorded April 29, 1965 in Book 7502, Page 533 of Official Records, in said office, designated as "G" on Exhibit"1" (overlay to District Map 22Z of the Huntington Beach Zoning and Subdivision Ordinance), is hereby changed from LUD-CC-CZ-FP2 (Limited Use District with Coastal Conservation, Coastal Zone, and Floodplain overlays) and LUD-CC-CZ-FP1 (Limited Use District with Coastal Conservation, Coastal Zone , and Floodplain overlays)to CC-CZ-FP2 (Coastal Conservation with Coastal Zone and Floodplain overlays) and CC-CZ-FP 1 (Coastal Conservation with Coastal Zone and Floodplain overlays). SECTION 8. The zoning designation of the following described real property consisting of approximately 2 acres, generally located at the northeast intersection of Magnolia Street and the Orange County Flood Control District Channel D1-1, that portion of northeast 1/4 of Section I 24, Township 6 South, Range 11 West, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California, designated as"H" on Exhibit"1" (overlay to District Map 29Z of the Huntington Beach Zoning and Subdivision Ordinance), is hereby changed from ROS- Q-CC-CZ-FP2 (Recreational Open Space with Qualified Classifications and Coastal Conservation, Coastal Zone, and Floodplain overlays)to CC-CZ-FP2 (Coastal Conservation with Coastal Zone and Floodplain overlays). SECTION 9. The Community Development Director is hereby directed to amend Section 201.04B, District Maps 14Z, 22Z, and 29Z (Section District Maps 13-6-11, 19-6-10, 24-6-11)to reflect Local Coastal Program Amendment No. 2-94 described in Sections 1 through 8 hereof. Copies of said District Maps, as amended hereby, are available for inspection in the Office of the City Clerk. SECTION 10. This ordinance shall take effect thirty days after its adoption. I � 4 4's:PCD:Orainance:Cll:i :ole 316/96 RLS 96-154 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a . regular meeting thereof held on the day of , 1996. Mayor ATTEST: APPROVED AS TO FORM: r City Clerk PoI-City Attorney - REVIEWED AND APPROVED: INITIATED AND APPROVED: City Ad 'nistrator Director of Comm pity Development ATTACHMENTS: Exhibit 1 - Areas of Zoning Map that are part of Local Coastal Program Amendment No. 2-94 Page 1: DM 14Z - Areas A, B, C, D and E Page 2: DM 29Z - Areas D, E, F and H Page 3: DM22Z -Areas F and G Exhibit 2 - Composite map identifying areas with existing and proposed zoning I 5 4's:PCD:0rdinance:W idole Y6/96 RLS 96-154 PLANNING EXHIBIT [ DM I4Z NOTE: SECTIONAL DISTRICT MAP 13-6' 11 VA"� w.sit LEGEND CITY OF .°O.T[0 MARCH 7.If10 CIT7 COUNCIL ORDINANCE N0.764 ®vents stNirwa towacuL Im zm I Aar man W-"KxTMc MTwer AMENDCO 'A ORn NQ AMEN MQRa&6 ® �.WK,,,��N�� t HUNTINGTON BEACH '°47-/0 °' 7!4 4.n-f768 WIT1717 o UWT" TMµamNcr 3-4-61 131 621 a-19-67 st-661330 ©.nwTN1a. *Wr S1$-iE 23r !00 7-I-"6►n 1429 ���fts N4g6rN1A.un. 8-3.43 233 062 1 4'SO 66.261440 Nnreens Wwugerusx.4 aNTNti i-S-i3 sat!92 1-1-69 66•U H61 ORANGE COUNTY, CALIFORNIA .p nor as fa'N 10-7-63 3w 1007 . nit vmwr 1- -64 3 10 N v ca wpw �w s�m�u z-n 404 10. WL�lt a7NCT T ROs " 1.wz•n aT-N_ taw 3-2-94 402 1041 12:19:77 7T•3Y2232 OSWN66 NI"al PAOaI?m i w s a x,i 3-4-64 414 1036 a-is-76 76.232334 ® corwRlrT►AealTRa omv 641TN�t7 u•n-w a-a ,nT 6-1&64 443 1062 4-7-60 W-2 2423 Q COMMMI 7 rAOLrtN,.Ntu0r�0NA1160T*4T 1,19.64 464 1079 7-6-82 40.4 233S ® Mart,at0411" t-1-66 6s•331254 3 ... a s tell w ft Zwdz tlia0ru 1-2-i/ 64-7 Efts -- Oai1K 20a9 smauA 11 12 .. 6ts-o"m.a cmc.'s 12 7 lr�R COK20N[•..: a 1e I R3; R3 ON't RI 3 6 RI RI RI f RS J „_.��_- R3- a ~ R3 i'3 R3 R3 nm " RI 1 > \ R3 R i RI R Rt V 1�I RI C4 '1 R3 1.Yi.-w 1 •- W L_R3 �R2 R 2 Rt• R f i -�:-9t3 R3 .rrc:R2 1 RI RI J RI A1o4 _R3 ;; — " �R2-:0 x RI 4 R3 ! RI CF-E RI R2 _ (AILLUM E RI RI RI RI RYT R3 R3 3. _RI �R2-100 RI Opt 1 I RI 2 R3 R3 p RIxk ' R3 •�•` w..nw ai.vaaTr4.q rtAvasras a ; R4-286 R3 R3' RI c RI s 1 rotrtx�I R3 I--- RI RI RI RI RI RI CF-R �y RA R. RI = Imsm WMMIii'.Y PARK) a ,.•c } RI @ IRz1 s 1< I 'ru t O 1 = --------------- RI { MI_A_O RI IYI FF1i EC60N R/W RA _Fep Y••RI x nn,rf 1 n,Ruta - a © / 3 1 16 MI-A-0-CC-CZ-FP2 M1-A-Q=C -FP2 RA-O-CC-CZ-FP2 o o. c s. °. MAGNOLIA PACIFIC /gCir A� N ay.nati ° SPECIFIC PLAN a M2-0-CZ-FP2 ..... cow •zs- o-' U 1 v A MH CZ-FP2 Q M2-0-CZ-FP2 a M1y C�. a M2-0-CZ-FP2 PACIFIC OCEAN VSC-CZ-FP2 A� M2-0-CZ-CC-FP2 + / E :�9 Page I of 3 �" PLANNING EXHIBIT 1 DM 29Z SECTIONAL DISTRICT MAP 24-6-II �.• . .� NOTE' ' al.aRf.lgwf.R(n I[.T CITY OF ADOPTED MARCH 1660 u■r[.v[o re(.T[wo to rw( :r[■ or Luc.upt p.•r. CITY COUNCIL ORDINANCE NO.754 LEGEND, Ma Iwr a[•a7r R[lcaru W$'R ZQ'+f urrxRUL gorailT AN[NDEO �..SE ORD.NO, AN ND RD.NO Cp.trey 2oye furru - HUNTINGTON BEACH 3-p-61 �6.16. .26 laTa�Tfa .KTw a-T�T 6.16•u zs3 ate ®O n c rapnaa-L aaT.CT 4i7.67 233 908 CORaw(O W"OR.P"OMTM - R-D-77 131 77-5 B' 2231 :COwIRT/.a m GROR.Tc—j OlTRCT 2.21-64 -63-0 2661 o wr[v uac aarRCr 7-2.64 64.7 270, .ea a[a[cw• pn I [MTRCT ORANGE COUNTY, CALIFORNIA 'I-SO FLOOD 2DNl�M � ®RDODrI.R OJTRCT - _ G 7 _ s E '• :a 7 la 16 + z Iv 01 I IFA `V11- -FP2 (V M2-0-CC-CZ-FP2 a �✓d � �ry � � H 0 a, S�c� uD-cc-cZ-FP2 'O2 00 = F �sT LUD-CC-CZ-FP2 a4 - Ilk 2 aqf�/ i 0C Pag 2 of 3 PLANNING EXHIBIT I DM 22Z V SECTIONAL DISTRICT MAP . 19-6-10 NOTE• as O.[.Y�.!•.[wt/I[T CITY OF -/ AGo►T(D Y111cN T.niD :NT[b[e to[ifUO 10 1.[{[.T[. a Y.G. clTri COUNCu. ORDINANCC ism 7D4 LEGEND- CITY vk 0{0.0. e.[•cCe v*4 01Q.0. ©V)c[.. cu*IILL 0w cT h!0•W �[ Tf. ..if•{) /t-wo-'riN ©KlTMT[D Y{Nr)[Teey M ftr HL�ITINGTON BEACH N. Ms ,o MN 303 3- {3 �1. eee ®.low'"..awutN.[ecrccr i-n$a [i:T q" ®wn • eocn.mprtlK DSTflcT ZVI ORANGE COUNTY, CALIFORNIA .),t �� N.) �c"'"z° '�"' .•NAI TI.O NN T '.-]•7! 7M. ..a ®malt[L D1K.cuiONR // wTr.K00.20.[-nVRn) Iaie u n I Y '// •��i.�MG� / v / TRI �{ML[K OI.R�j//��//////////// i Y c RI RI' RI re 6 "9 " e R I R I R 1 E cv RI -`:z .Ro-a RI 01 .RI N RI U U c tJ Y I>.a{a RI� � I I • l r RI RI c / Q R1 u,au a [I Q RI •� RI ! R RI RI RI d 4 L.u °[ g RI 3' RI RI At ..,a.r....e. a t e a� UII ofe CA Rill P� / RI o F / <` RI _ RI IC4 I ��r. 1 �s _ V• QR. �/ e• R I = V O S� Tv r• y �� / �12 C ` Coll • /`c�� t OC�gN / 4G N ,ITS Of�i�w\- c „•' Tjj ,S, ac,c . .000 b O4. • bJ �y 5 • / O PC ~O^� i e70 • O� V' 1 00 . Page 3 of 3 i I nninnr••, :•NIP v...Now Pte Rio sX oil • ON0 WIN • ♦ , yIN ��.4, ♦ ••i •.• +`Off'iC . • i i • , �� 4 � P t� 1 R� ZONING HISTORY BY AREA (LOCAL COASTAL PROGRAM AMENDMENT NO. 2-94/ ZONE CHANGE NO. 88-18) March 1, 1996 :::�: '�}kkkkk,---t.x:.:•...: ::k,..k.,,.: :{., k`:tkk?}?kkk}?kkk`k'kk:.k`? ::`:: .a:t.:..#::}}}::}::'Y:y#k#.}:.... -{, }}:}x:k,k:..,.,....:?::kCkk:::',•'ik{k2kk?k'<::skk::kkkk?Y�kk:: #}{k;•:v, •. v�,v-•..?}ty:iki:kii:.::•:,.f•,•.k,;;#;:kvti;:•vik:?•:".•:;#?kk##•1k{#i:;t;:•k ..::v.:,Y:�.v.?. tt}t}: ...i•. •. •. kc„v vv::v : ,:}vn•vv ,:k•.::: 'kk;;.v„},..xkk}kkkL.t L.,'a.,,2. ,t:k;x t,?,:t:v{;., ,:•w.},}a}..,-.v;.:.::v.:�} :#{:• vv,J\ :;;.k2�#`kkktk{}y•.•};'•vk ,t::{u,.,.k2,kku Y:•.vk{u:k?\,•:•.: :kt`,..A}.,:}v: }•.v t{,x?, :t#..;.:xL.�.;}v v,}.,,.ic:v:-:;k}::}.,.t;}, : y�, •k'alC`k,x.,k•{�2:ku,:..�t�A}.}..k. :# v k::..:tv: v:cx::: k:k, v:,:ax t:-. •.}..,,:k:::kt ,?k,,..::kkk}�.,;.::i.,:•::y$.}�.-;,:.}}}t:}::.,,:..:.#::}k t '; : ;.�{-;.'��': �ycy�::� .:: �: k•},:.:vk;,..kv:t,:.::.:.u•�Fu?k.�•ki•vvvk?,::•.,k..u:kY, ,kk,?v:v,•.:kvv :..k,-.xivk:: ,.:�tY::,..wx,:,..�.,.,,-......k..,:..,:..,':c..o-.:..:..-,:,......�c :..v....• k+�:C:ff :f•....-. :.k,'vet?.,zk:{{„k::::.x..v::Ex:•.xktx:,<,.:,..... }'} }... ACREAGE: 4.8 acres OWNERSHIP: CalTrans GENERAL PLAN HISTORY: 1975 -Destination Resort 1977 -Planning Reserve 1982 - "Whitehole" 1986 - Visitor-Serving Commercial ZONING HISTORY: Pre-1964 -RI (Single Family Residential) 1964 -RA-0 (Residential Agricultural w/Oil Production) 1983 -RA-0-FP2 (Residential Agricultural w/Oil Production within a Floodplain) 1990 -VSC-CZ-FP2 (Visitor Serving Commercial with Coastal Zone and Floodplain overlays) 1996 -Proposed CC-CZ-PF2 (Coastal Conservation with Coastal Zone and Floodplain overlays) EXISTING USE: Vacant This is an approximately 4.8 acre site which was designated by the Coastal Land Use Plan for Visitor Serving Commercial. The site is a narrow strip of land which runs along Pacific Coast Highway in front of Cabrillo Mobilehome Park between Action Boat Brokers on the corner of Beach Boulevard and Pacific Coast Highway to the northwest and Newland Avenue to the southeast.. The Department of Fish and Game identified this site as non-restorable wetlands. The existing zoning is VSC-CZ-FP2 (Visitor Serving Commercial within the Coastal Zone and a Floodplain). The area is being rezoned because it is a portion of a larger parcel that is designated "Conservation" by the Land Use Plan. APN'S: 114-150-51 (Portion) 11.4-150-53 (Portion ::orc;;:t..... ::,.-•.,:-,,:x � ...•,:......... :trr,-M ..rt, ,r,r•:: „;c:�xx:•• :Y.ixir ::•}rx xYtxY^kx„, •.::?::,- :,S :, ,-.,tt � ,..„c �.\\ . :-� «-:i•:;.:..,.,r� "•xJ: ., <:: .,.u.- .:,:st ''`'"ti\�?Yix�'::�;"-.: x%xxxxix„f xk. ..r.. „x._.�.::_::.�.:•.:•:•,E:, �: -.�tr..,kt: ,-,"�:::Y•:: _E:„ :x�•�Ykr{:k:•.t:,,: -x:..,�� , r �x z'?:iz�Yrzi�i:xxx;�:xzY k,:,.,.,#.a.,...:.....: kkYYk`ikYk::k.,,•.:::_:.:�::.::t:Y?,-.,,�kk,2�:�-:.t :•kki xxx'k krr}r..i,-.k.,..:.,... },� A • 'f::,k•.:,i,:rx.::,::• r_:�,5.....::;-r. ,::rt r:„w.,t,,, , .r. ..„ 3:: .��c�r�: :�.:tkl':•'::t3:�'��: r„• r 'k•.;:::k.:. ,rtvc'xtk :.,•.:::•.:,:....: ................... ..:,.k:::,:+.."atk: � �.:..:t::-:..-.,t,t �`n .. �.":nk�,r....,.,.,r ...:x:fi.,k:.. •.,v.??•`.t?„?-.,:,.,.,.,,:.-`.,:::•.:a.• "t•:-::•:•r::;.,,:..... � ......Srrr.:•:::r.................r::.::.::::::::::::•.:.::::•:.b:.r:„..::::•:r::::.....:.,,.. ...... .........'S�w..t ,r;}r:„�2„;. ACREAGE: 33 acres OWNERSHIP: Mills Land and Water- 7.15 acres CalTrans -25.85 acres GENERAL PLAN HISTORY: 1975 -Destination Resort 1977-Planning Reserve 1982 - "Whitehole" 1986 - Conservation ZONING HISTORY: Pre-1964 -RI (Single Family Residential) 1964 -RA-0 (Residential Agricultural w/Oil Production) 1983 -RA-O-FP2 (Residential Agricultural w/Oil Production within a Floodplain) 1990 -RA-O-CC-CZ-FP2 (Residential Agricultural District combined w/Oil Production, Coastal Conservation, Coastal Zone and Floodplain Overlay Zones). 1996-Proposed CC-O-CZ-FP2 (Coastal Conservation.with Oil,-., Coastal Zone and Floodplain overlays) EXISTING USE: Vacant This is an approximately 33 acre area designated Conservation on the Land Use Plan. It has been identified by the Department of Fish and Game as Degraded Wetlands with high usage by wetlands associated birds. The site is owned in part by Caltrans and in part by Mills Land and Water Company. It is presently vacant. The existing zoning is RA-O-CC-CZ-FP2 (Residdntial Agricultural District combined with Oil Production, Coastal Conservation, Coastal Zone and Floodplain Overlay Zones). Under the Coastal Conservation designation, allowable uses are limited to those such as mineral extraction, pedestrian trails and observation platforms, wetland restoration projects and limited public works projects. - APN'S: 114-1.50-51 (Portion) 114-150-53 (Portion) 114-150-58 (All) 148-011-01 (All) 148-011-02 (All) -2- - (KL479) >i�x „ -:.•xx ,..:c..•:., ,-,c , -:.,x,r.:�„,x•.,,,,-:- ow: 3 ...d..z„,:xxz';«•. "„ , ,:x:`xxxx.. xx„,:.,„;:;tx, .:„. . „ t:x::::„:azi`x;xx�;;,,::;,;�xx;:•<:?;.:.,,,,x.cz:,.�z x�tc„..x�t x>:> =' � ,, xL ,,: •.�'x. „YM�.,:.tx�,t„ 'fix � �.:............. :..t�:#�:�fc:•.:~,�t.�:-.::,,:.:::x::,xx:::,z::�•.x.�x, „'• '.„„ } }> -„s.-„:„:„r„„„.:c,.:.:..„..:.„:•:::t:z,:„,r„:y,`.k.x„„.„>,>„+...T`.3�„:„YYyxtha„:,:......,,„.„::•::•::::•:::::.:::.t:::::.�::.::................„y:•� :�.R <„:-txs:;::„xz'tc-.: x,,:::kxxx�;\i2.'..'..'.„t2::'y ACREAGE: 16.4 acres OWNERSHIP: Mills Land and Water GENERAL PLAN _ HISTORY: 1975 -Light Industrial 1977 -Light Industrial 1982 - "Whitehole" 1986 - Conservation ZONING HISTORY: Pre-1961-RI (Single Family Residential) 1961 -M1 (Light Industrial) 1964 -M1-A-0 (Restricted Manufacturing w/Oil Production) 1983 - Ml-A-O-FP2 (Restricted Manufacturing w/Oil Production within a Floodplain 1990 -M1-A-O-CC -CZ-FP2 (Restricted Manufacturing District within an Oil District with a Coastal Conservation Overlay within the Coastal Zone and a Floodplain) 1996 -Proposed CC-O-CZ-FP2 (Coastal Conservation with Oil Coastal Zone and Floodplain overlays) EXISTING USE: Vacant This is an approximately 16.4 acre area designated Conservation on the Land Use Plan. It was identified by Fish and Game as Degraded Wetlands on a portion of the site, and former but restorable wetlands on the remainder. It is owned by Mills Land and Water Company and is presently vacant. The existing zoning is M1-A-0-CC-CZ-FP2 (Restricted.Manufacturing District within an Oil District with a Coastal Conservation Overlay within the Coastal Zone and a Floodplain). APN'S: 114-150-59 (All) i .,.s.t-. t t?:'.t;?'t,t..:?"::"-:,..,,-2.??x?%': .:,:>:, , �?"•`??t?,.,:"t,::?•.t, t-.x:. , ?E#,:E?? .':?E :..:`:`?�: :::;�,:::,-.:,?�•:,#. .,.:•.,:-.,,,-.,,< #�??f:#`sii?f• .�;`iz#s.:�k��<:#�i##Ei>:##z:s.'- -:t>:: ..:z ?•? �??,•K:o.,:•K:?,:-x�,-. :-.:z>-##"#:#?tiE#i?.,.z.,�...rt:.. . ,..,..- •'c:s:•.a:._.::,-.:..},t.,:•:a :r....:,,:t•:.:„:::„?,t•::,,-:�-.,:•: :,,'t, ..?•:.;:,: :,:tt„.,x-.t,:'t`-.?`£:::tt-.,�E,::?-.:,.:,at:?o.,:,?'tc:•x#;,--,c t-. ACREAGE: 17 acres OWNERSHIP: Southern California Edison Company GENERAL PLAN HISTORY: 1975 - Industrial Public Utility 1977 - Industrial Public Utility 1983 - "Whitehole" 1986 - Industrial Energy Production/Conservation ZONING HISTORY: Pre-1961 -RI (Single Family Residential) 1961 -M1 - A(Restricted Manufacturing) 1962 -M2-0 (General Industrial w/Oil Production)/Ml-A(Restricted Manufacturing) 1967 -M2-0 (General Industrial w/Oil Production)/RA(Residential Agricultural) 1983 - M2-O-FP2(Genera1 Industrial w/Oil Production in a Floodplain/R.A-FP2 (Residential Agricultural in a Floodplain) 1990 -M2-O-CC -CZ-FP2 (Industrial District combined with Oil Production, Coastal Conservation, Coastal Zone and Floodplain Districts)/RA-CC-CZ-FP2 (Residential Agricultural with a Coastal Conservation Overlay within the Coastal Zone and a Floodplain) 1996 -Proposed CC-O-CZ-FP2 (Coastal Conservation with Oil, Coastal Zone and Floodplain overlays) and CC-CZ-FP2 (Coastal Conservation with Coastal Zone and Floodplain overlays) EXISTING USE: Vacant This is an approximately 17 acre area designated Industrial Energy Production/Conservation on the Land Use Plan. It has been identified by Fish and Game as Degraded Wetland. Although the Coastal Act would not normally allow development of so-identified property, the Act would permit development for energy production purposes if it could be demonstrated that no other alternative site is available. Since the property is owned by the Edison Company and is adjacent to their generating plant, the special combined designation of Industrial Energy Production/ Conservation was placed on it. The existing zoning on the property is M2-O-CC-CZ-FP2 (Industrial District combined with Oil Production, Coastal Conservation, Coastal Zone and Floodplain Districts) and RA-CC-CZ-FP2 (Residential Agricultural with a Coastal Conservation Overlay within the Coastal Zone and a Floodplain APN'S: 114-150-63 (Portion) 114-160-56 (Portion) v� � ::> ,:,Y,;,;xxx;xx`.x;x,,..,:.. ,.x:-:::>:•-. ,•.x.:., „.fix. ,« ,,,x•::;;�x;;:;.:.,,.:::••: : ;.x.xk.;xxx;ax;;. ,::�.,,.:,: -.;;:.�:x�t;;•.xY�;;`xxxzxi;::;xxx•a:.,....., :.�, x,`�"`�'�xx�•�- ?x-» .. >,.:».,x;;�;;;•fit-r•3; ::,xx,•^{zz-•zxx::-:.:,,::;:�-.-. :::z,,,,:• ..,<•..:....:.:.. . ��jj,,''��77.. �i.,* r -:? zz*z x, S z;:. �Kz„-:.,� ,< ;:.:,..:�'.�,.,.:, : ..>....... >..... :#r.•,::::,rrs .. �f'a::`�3' Q:;i>�A'�iiik�s'4�`::. },;-x. .,u x'x�S�,,,,,,:c„\�t.:,, #., z,:x , :.x,:,,c�x.,�t#'-#z>.zzzzz::z::z::;:._.:.:,,,..,.:..:..:..:......:~tr.��:z:.::.:,,K.......,:...:x.,,.:::.:�..:.......................... ..,x::.,:.:,�az��?„�z,z,,.>..,,::<::,-.,-.,,,.>.3. .�.•::..,,.>... ..t.: ACREAGE: 10 acres OWNERSHIP: Coastal Magnolia Croup (Previously owned by Daisy Piccirelli) GENERAL PLAN HISTORY: 1975 -Planning Reserve 1977 -Planning Reserve 1983 - "Whitehole" 1986 - Conservation ZONING HISTORY: Pre-1961 -R1 1961 -R5 (Office Professional)/Ml-A(Restricted Manufacturing) 1967 -R5 (Office Professional) 1977 -LUD (Limited Use District) 1983 - LUD-FP2 (Limited Use District within a Floodplain) 1990 -LUD-CC -CZ-FP2 (Limited Use District with a Coastal Conservation Overlay within the Coastal Zone and a Floodplain) 1996-Proposed CC- CZ7F?2_(Coastal_Conservation with Coastal Zone and Floodplain overlays) EXISTING USE: Vacant This is an approximately 10 acre area designated Conservation on the Land Use Plan and is presently vacant. It is owned in part by Coastal Magnolia Group and the Orange County Flood Control District. The Department of Fish and Game has identified this area as Degraded Wetland with high usage by wetland associated birds. The existing zoning is LUD-CC-CZ-FP2 (Limited Use District with a Coastal Conservation Overlay within the Coastal Zone and a Floodplain). APN'S: 114-150-64 (Portion) 114-160-68 (All) 114-160-70 (All) 7) t/" A —5— (KL479) .x>,x zxxzxx , ,,Y3,xx�<;##xz-.,,<„x#xz z�.:z x�x x;�x,.,zz,Kzzc;>.«zr•':##s:xzx 5: ->-?#::;:..„,:, .�:<:�zzz �5.,x,� ,,z�x��•,.:x:,„.:u-.z: :,�•:.:>..• ;,;z ; ,x, x'x}s,x ;:x,.:#,i•:x .x.µ ::.zzz�xa�:zzx,ax�t :zxzxxx;zxrxxxz�xz. z; .x c�..�xz�zz z, ;,�::;�,x:�.,.....•.-�i.:....��. :•��'z�:L�,',�::<-.. .a�x#z�?z •:�#„ #��'�#",. '#�#'� w �, :,r.,�#-� z•.•.x > �} v ��# , � .2;:>.,,....3.,x:�f::Y;;.`:�;.>.r•;2:..............,...,. >..�............:........�`7........:.....��,<..,:#z##;.7x,.Y;?:£,;$t;#t�#2;ikff.....'#?ix,•:.�,<,:<,.#:v�s.,,x�<�xxx##•':i# ACREAGE: 56 acres OWNERSHIP: Coastal Magnolia Group- 56 acres (Formerly owned by Daisy Piccirelli GENERAL PLAN HISTORY: 1975 -Planning Reserve 1977-Planning Reserve 1983 - "Whitehole" 1986 - Conservation ZONING HISTORY: Pre-1960 -RI (Single Family Residential) 1960 -R5 (Office Professional) 1977 -LUD (Limited Use District) 1983 -LUD-FP2 (Limited Use District within a Floodplain) 1990-LUD-CC -CZ-FP2 (Limited Use District with a Coastal Conservation Overlay within the Coastal Zone and a Floodplain) 1996 -Proposed CC- CZ-FP2 (Coastal Conservation with Coastal Zone and Floodplain overlays) . EXISTING USE: Vacant This is an approximately 56 acre area designated Conservation on the Land Use Plan and is presently vacant. It is owned in part by Coastal Magnolia Group and the Orange County Flood Control District. The Department of Fish and Game has identified this property as Degraded Wetlands with high usage by wetland associated birds. The existing zoning is LUD-CC-CZ-FP2 (Limited Use District with a Coastal Conservation Overlay within the Coastal Zone and a Floodplain). APN'S: 114-160-69 (All) 114-160-71 (All) —6— (KIA79) i :{'xi v\r:r{k,{i{{ki x v L:::v:::•:.}::ii{{!... vL.-: ?>:ta5ii<#iiY{#�#zz:it{zi{:?ci#<:.,:Y{z>�"� :.-.k:},:{{-{k,:,,- ,{x: ^f#rzzk..: •::zf�f>-:.,-:. -.f.:�-.,-::.,. }..zz•.'e:�.tz,xe•. :'.d :::z:.�{.zf •:E:{-x.: r:, ..{,zczz„r,zrz; .,,,,:,,,•.rx,k..,.:.,,Y{}..., r:f##:kk ;z>,.:;.zi•:, .,,.2 �` .: '�? f•.r• ,,:vc;, x: :t?i :{„•Ys�Y #,:•t•>az•:::.`zz}£2i'::'�{} #,f•-r•.:,:,�,^•.,:z{{z{ - „t,:.,.:;rrlt,rxkkk}k:z.xr;£ ,r, .,:x:.r:d,-`tk:•".,•.,.. .x k. rt: ,�x:,.(:: �;kk:. r:'�•: .r:2 k, t.:#{}}..:r..kf:r-..:r:yrir:.tx...k::rr•{f:':k.r:rv;{kr..,... $fw;•:`{i'r :,rr::;::•:-..;..:.f,r, r:.::rt, �,:rr:.�.::, :trk� 'k..�s.-i.:��r-• r: e�. :�. d ..x: ,}• .:,r:,:r : .,:�.:,: :k x: i :.:f:.k{�kkkxx`.,{k{fYx�.r:.,:.t:r�..x:.<..rtr:rE...:�;:,rrx.:�.,z:..r:rr�rt�E,?�?`�sr.,3r:rr::::-.....-�---..,...x.--.�?�.,:-:::. . ...?,?�.,-:•--,:.. :azx„� :�{?xtt�.r,. Y:�Z.£�{. • vv,.k.::.{�:{kkx{z:a:,..,••.:z,{: z{::f.•:.�Yzk.#:�z: ACREAGE: 16 acres OWNERSHIP: H.B. Wetlands Conservancy GENERAL PLAN HISTORY: 1975 -Planning Reserve 1977 -Planning Reserve 1983 "Whitehole" 1986 - Conservation ZONING HISTORY: Pre-1960 -RI (Single Family Residential) 1960 -R5 (Office Professional) 1977 -LUD (Limited Use District) 1993 -LUD-FP2 (Limited Use District within a Floodplain) 1990 -LUD-CC-CZ-FP2 (Limited Use District with a Coastal Conservation Overlay within the Coastal Zone and a Floodplain) and LUD-CC-CZ-FP1 (Limited Use District with a Coastal Conservation Overlay within the Coastal Zone and a Floodplain) 1996 -Proposed CC- CZ-FP2 (Coastal Conservation with Coastal Zone and Floodplain overlays) and CC-CZ-FP1 (Coastal - Conservation with Coastal Zone and Floodplain overlays) EXISTING USE: Restored Wetlands This is an approximately 16 acre area designated Conservation on the Land Use Plan. It was recently acquired by the Coastal Conservancy and is being restored to functioning wetlands in a model restoration project. The Huntington Beach Wetlands Conservancy will manage the project. The existing zoning is LUD-CC-CZ-FP2 (Limited Use District with a Coastal Conservation Overlay within the Coastal Zone and a Floodplain). APN'S: 114-160-72 & 73 (All) -7- (KL.4-79) ..ix;::;;•}'h}}}�:n;v}}};.}:}yv}:.}i}}}}:::}}.};r.\:.:}:}}};:.: ... : ::v:}:::•:: v _ v. .. ...+.:•}}}::v.::::}::}}.y.:y};nv:v.�w::.�.::v.�n-nw:. it{tit?Stxi?{Sv:':x:x•:i.}:{`xO:t{L?St+.:i•?i t2ttx..:..x:v�.,::\x":.}':. S{x w{..{t.t:w:+:...., :x.. n x.. :Sx?{»:::;}... :•tx{xii�:x S -:}.:•.:,,.,::::x-.,-.::::•::.:,,,:-. ?,. '}c:x'{x<?s.'si##; .:.:z,:#:'s tx 3##ii ;zx#x�•.x}::.:,;;ix;x<>=- .>.xx�xxx:xxxzzrix#-•xx:{,:�-.:::::::_.:::.:,:.n::• :,:#zzx�;,:: ::x:: .x}t}.:may, ;.*.. :.?€,: �x„�zzxxz, -n::�.{ x's..:: :::a:.:"#+:zx'xix:`-,..,:: :.::.z:?x.�>•:.:•:n:::,-.:,::-:.ri:-.::-..,.x,#}:•. xc:�� '...`�::..:..:.,�:::•:::..::::::::.::.�:::::, .'.�.''•`x��':x,,..#�,.::�Z{xxzx...,xzx:xxxxx#as ACREAGE: 2 acres OWNERSHIP: City of Huntington Beach GENERAL PLAN HISTORY: 1975 - Industrial Public Utility 1977 -Public/Quasi-Public 1984 -Public/Quasi-Public 1986 - Conservation ZONING HISTORY: Pre-1961 -R1 (Single Family Residential) 1961 -MI-A(Restricted Manufacturing) 1983 -M1-A-FP2 (Restricted Manufacturing within a Floodplain) 1984 - Q(ROS)-FP2 (Qualified Recreation Open Space within a Floodplain) 1990 - Q(ROS) CC-CZ-FP2 (Qualified Recreational Open Space District with a Coastal Conservation Overlay Zone within the Coastal Zone and a Floodplain) 1996 -Proposed CC- CZ-FP2 (Coastal Conservation with-Coastal :. Zone and Floodplain overlays) EXISTING USE: Vacant This is an approximately 2 acre area designated Conservation on the Land Use Plan. It is owned by the City and is presently vacant. The existing zoning is (Q)ROS-FP2 (Qualified Recreational Open Space District within the Coastal Zone and a Floodplain). This property was not identified by Fish and Game as wetlands. APN'S: 114-481-33 (Portion) 30 -8- (KL479) r PL6 L„ :, � _ N n - '' - ��# � 't ' i m ` 3R — t ux '- ' � it � a� �ice'Yw. '' 6� §_ ' .. .� ..' ` � �,, ., � ., ,. � €b r -^`t � r ,� �� 3 _�' ti .. �_ � . .� � .h ae : � w ... �..A.�x � � nYu. �..i� �..5 f nw �.a a.�a ._..,g,. ..„ _ .. w J r �r.,n Ysv � A a r„. Ewa .. <g_ ry 3 ,?ak .+ _ .. .� _ w 4 �fi s �. a � � �J ..K ' a s .r`�c ..e . �� « N _ H « ,. �..,� .o { i.. _ "k 4.ke .. 4 F � a s .. f f cs.r i F .. � }L 1 � w....�.J' 4 ATTA., ` . ' -SID I \.'' y\�w �/,`` '-/ iy �` •�n�• ` �'?�'`fir./ QX ••n�,,,i•O`4 O ^ Vv .;' :•;, '�' „1:; �o: CQ o , , ' o,'� •rxrri'ixtvrvtJixr • ..};ti.' ,Y •� JJ;1r �,:!,�jI�J,••lJiJ;J.r .� �l l• J•v f 0•CJ. 'i,=�: .::7)�,.-_ � i�•Jr " fJ3%�•� _l��li:jJ+:::'.!.�.. r•��}if��'�)i. '•:r;... � �i GC►'�S _,.._ r :.,,:%:; .;; : J'�.Y•r.J.; . �:'.�.:•'•i.; Jr.••!;,, �..,-,,. •;t• •,•. _... � �' •� :: ,. Ir ry�.. !:3 r•f/�/ �i.:"rT iJ�ji-.�J���. JrJ ii.'•: '•�7..f 1•:ir.:!JJ�i:�: i•1'•.,�:t.. •i�J-�•JJ• ! �IJfI�IJf.f j:�;•�;�+.,;;' Jy,. •�i•��.I�JJ. li)I.J! f:jr �J; �.,' JJ __'_--_ �.i. �'�..•,� .:�'?f fff��)�)�.�•??...�•j. .'..� fir•!: 'i=7'• :i• 55 canes 10'D►cvj°S 7o S 17 acrv,,S 50 aoreS . VISITOR SERVING COMERCIAL 11MILTCN EXTENSION XXx NONCER nFIED CONSERVAT 1011 A FF�` �.••P LAW? lowINDUSRTIAL ENERGY PRODUCTION H ,( f'j••• AV4 � �� COASTAL AREAS HiJ'(m7om MACH c4f-c A . V� "* OEP""aaa IND. ENERGY PROD,/ CONSERVATION (232 aCrLS�� Y t i t f f ' c- ! �'�'^t�• '- �3�i '.F A 1f !::fah�re��" ",:a..}$d k a1 jl� 4 p y iF -7}} 1,� C"-Ti- T," �1 3 t (LEGISLATIVE DRAFT) ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE.CODE BY AMENDING ARTICLE 969.7 THEREOF TO CONFORM LCP AMENDMENT NO. 2-94 TO _MODIFICATIONS MADE BY THE CALIFORNIA COASTAL COMMISSION The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1 . Article 969.7 of the Huntington Beach Ordinance Code is hereby amended to read as follows: 969.7.0 Purpose 969.7.1 Definitions 969.7.1 .1 Designation of the Project Area 969.7.2 Permitted Principal Uses and Structures 969.7:3 Uses and Structures Subject to-a Conditional Use Permit - 969.7.3.1 Application for Economically Viable Use Determination 969.7.3.2 Economically Viable Use Determination 969.7.3.3 Economically Viable Use 969.7.4 Prohibited Principal Uses and Structures 969.7.5 Required Permits/Agreements 969.7.6 Performance Standards 969.7.7 Required Findings 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 Coastal Zone while allowing for appropriate utilization to occur. The application of the coastal conservation 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 1 GA96ordina:amd969-a.doc RLS 95-757 03/06/96 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. 969.7.1 Definitions. (a) 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. (b) 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 distributed or degraded by human activities and developments. (c) Feasible: means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, social, and technological.factors. (d) Functional Capacity: means the ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. (e) Significant Disruption: means having a substantial adverse effect upon the functional capacity. (f) 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. (2701-7/84) (g) Coastal-dependent development or use: means any development .or use which requires a site on, or adjacent to, the sea to be able to function at all. 969.7.1 .1 Designation of the project area. Development or subdivision of any parcel in whole or in part within the coastal conservation district shall be permitted only pursuant to an overall development plan for the entirety of all parcels that are G:4:96ordina:amd969-a.doc 2 RLS 95-757 03(06-96 geographically contiguous and in common ownership at the time of application. For purposes of determining common ownership pursuant to this Article, parcels which are owned in fee, as well as parcels subject to existing purchase options, shall be treated as commonly owned. Consistent with Governmient Code section 66424, property shall be considered as contiguous pursuant to this Article even if separated by roads, streets, utility easements or railroad.rights of way. 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 BeaFd of Zoning Administrator Adjustments. Said permit shall insure that the uses are developed in a manner compatible with the purpose of this District. Such permitted uses are: (a) Incidental public service projects such as, but`-not limited to, burying cables and pipes. (b) Maintenance of existing streets and utility structures. 969.7.2.1 Extension of Hamilton Avenue. 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 EIR shall be certified which addresses the alternative alignments for Hamilton Ave. 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 (3) requiring full miiiga ion for any impacted -vietlands. No nat loss of wetland GA96ordina:amd969-a.doc 3 RLS 95-757 <. 03/06i96 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. 969.7.3 Uses and Structures Subject to a Conditional Use Permit. A. 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 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). (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 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 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. 4 Sol GA:96ordina:amd969-a.doc RLS 95-757 03106:196 (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; 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 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. (2701-7/84) (i) Habitat Restoration Projects. (j) 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 Visitor Serving Commercial zoning district. 3 5 G:4:96ord ina:amd9 69-a.doc RLS 95-757 03!06/96 B. In addition to the above uses, coastal dependent industrial facilities shall also be allowed even where inconsistent with other provisions of the certified LCP if: (1) To locate elsewhere is infeasible or causes greater environmental damage and, (2) To do otherwise would adversely affect the public welfare and, (3) Adverse environmental effects are mitigated to the maximum extent feasible and (4) Where findings consistent with in 969.7.7 can be made. 969.7.3.1 Application for economically viable use determination. Any applicant that proposes a use other than one permitted in-the' coastal conservation district based on the contention that the uses permitted in this district will not provide an economically viable use of his or her property shall apply for an economic viability determination in conjunction with their coastal development permit application. The application for an economic viability determination shall include the entirety of all parcels that are geographically contiguous and held by the applicant in common ownership at the time of the application. Before any application for a coastal development permit and economic viability . determination is accepted for processing, the applicant shall provide the following information: (a) The date the applicant purchased or otherwise acquired the property, and from whom. (b) The purchase price paid by the applicant for the property. (c) The fair market value of the property at the time the applicant acquired it, describing the basis upon which the G:4:95c:d�.a:a:,d959-a.doc 6 3' F.LS 95-757 C306c fair market value is derived, including any appraisals done at the time. (d) The general plan, zoning or similar land use designations applicable to the property at the time the applicant acquired it, as well as any changes to these designations that occurred after acquisition. (e) Any development restrictions or other restrictions on use, other than government regulatory restrictions described in (d) above, that applied to the property at the-time the applicant acquired it, or which have been imposed after acquisition. (f) Any change in the size of the property since the time the applicant acquired it, including a discussion of the nature of the change, the circumstances and the relevant dates. (g) A discussion of whether the applicant has sold or leased a portion of, .or interest in,-the property since the time of purchase, indicating the relevant dates, sales prices, rents, and nature of the portion or interests in the property that were sold or leased. (h) Any title reports, litigation guarantees or similar documents in connection with all or a portion of the property of which the applicant is aware. (i) Any offers to buy all or a portion of the property which the applicant solicited or received, including the approximate date of the offer and offered price. (j) The applicant's costs associated with the ownership of the property, annualized for each of the last five calendar years, including property taxes, property assessments, debt service costs (such as mortgage and interest costs), and operation and management costs. 'ice G:4:96ordina:amd969-a.doc RiS 95-757 03/06/96 (k) Apart from any rent received from the leasing of all or a portion of the property, any income generated by the use of all or a portion of the property over the last five calendar years. If there is any such income to report it should be listed on an annualized basis along with a description of the. uses that generate or has generated such income. 969.7.3.2 Economically viable use determination. The decision-making authority shall hold a public hearing on any application for an economically viable use determination. Prior to approving a coastal development permit for a use other than one provided for in the coastal conservation district the decision-making authority shall make the following findings: (a) Based on the economic information provided by the applicant, as well as any other relevant evidence, each use provided for in the coastal conservation district would not provide an economically viable use of the applicant's property. (b) Restricting the use of the applicant's property to the uses provided for in the coastal conservation district would interfere with the applicant's reasonable investment-backed expectations. The findings adopted by the decision-making authority shall identify the evidence supporting the findings. 969.7.3.3 Economically viable use. Where the decision- making authority finds that the uses provided for in the coastal conservation district would not provide an economically viable use, and that restricting the use of the applicant's property to these uses would interfere with their reasonable investment backed expectations, the uses provided for in the visitor serving commercial zoning district g GA96ordina:amd969-a.doc RLS 95-757 03r06/96 may be allowed as a conditional use and in planning area 3 only, the uses provided for in the Limited Manufacturing zone of the Industrial District may be allowed as a conditional use. A specific development proposal for a visitor serving commercial use or limited manufacturing use, may be denied, however, if a feasible less environmentally damaging visitor serving commercial or limited manufacturing alternative also would provide the applicant with an economically viable use. In addition to the other Performance Standards of 969.7.6 applicable to projects in the coastal conservation district, such a visitor-serving commercial or limited manufacturing use shall be subject to the following development standards: (a) The area in which visitor serving commercial or limited manufacturing uses shall be permitted shall be the minimum amount necessary to provide the applicant with an economically viable use of his or her property. (b) The portion of the project involving visitor serving commercial or limited manufacturing uses shall also be subject to the standards of the visitor serving commercial district or the limited manufacturing zone. (c) Access through wetlands or environmentally.sensitive habitat areas to an area proposed for visitor serving commercial or limited manufacturing uses shall only be allowed if necessary to provide an economically viable use of .the overall development plan area. 969.7.4 Prohibited Principal Uses and Structures. Any principal use or structure not expressly permitted is prohibited herein. 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 GA:96erdina:amd969-a.doc 9 RLS 95 a ' C3/0611�6 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. 969.7.5.1 Required Consideration of Alternatives. Before any application is accepted for processing, the applicant shall provide topographic, vegetative, hydrologic and soils information prepared by a qualified professional which identifies the extent of the wetlands on the property. This submittal shall also include an analysis of alternatives to the proposed project and an assessment of how the proposed project is the least environmentally damaging alternative. The analysis of alternatives shall include an assessment of how the proposed project will impact all adjacent wetlands and environmentally sensitive habitat areas, including those within the overall development plan area. 969.7.6 Performance Standards. (A) Before the applieatien ean be eensi eFed eemplete coastal development permit can be issued, the project shall comply with the following standards to the satisfaction of the Director: (1) Wetlands and environmentally sensitive habitat areas that are designated for preservation after a permit 10 GA96 ordina:amd969-a.doc 4 RLS 95-757 03/06/96 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. 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. (a) All feasible mitigation measures shall be incorporated into projects to minimize adverse environmental effects. (i) 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 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. (ii) 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 bound or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. (2753/4/85) GA:96ordina:amd969-a.doc RLS 95-757 0306;96 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. (2753/4/85) 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. (2753/4/85) i 3. If no appropriate restoration sites under options (a) and (b) are available, the applicant shall pay an in-lieu fee, 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. (2753/4/85) (M) 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 12 G:4':95ordira:and959-a.hoc RLS 9 -757 03.J6i95 region (e.g., within the same stream, lake, or estuary where the fill occurred). (2753/4/85) (b) 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. (2753/4/85) M 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. (2753/-4/85) (d) Passive nature study uses shall include a program to control litter; examples include litter containers and "no littering" signs posted in the project area. (2753/4/85) (e) Environmentally-sensitive habitat areas shall be restored and enhanced to lessen the risk of flood damage to adjacent properties. (2753/4/85) (f) 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 lease disturbance to wetland dependent species; e.g., migratory waterfowl and shorebirds. (2753/4/85) (9) 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. (2753/4/85) (2) 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: (2753/4/85) 13 G:4:96ordina:amd969-a.doc v RLS 95-757 03106i96 (a) 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; (2753/4/85) (b) harm or destroy a species or habitat that is rare or endangered; (2753/4/85) - (c) harm a species or habitat that is essential to the natural biological function of a wetland or estuary; (2753/4/85) (d) reduce consumptive (e.g., fishing, aquaculture and-hunting) or nonconsumptive (e.g., water quality and research opportunity) values of a wetland or estuarian ecosystem. (2753/4/85) (3) 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. (2753/4/85) 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: 1 ) Provision has been made for enhancement of a significant portion of the project area, to ensure preservation of plant and wildlife species. (B) Prior to coastal dependent industrial facilities being approved, the approving authority shall make the following finding with statement of facts: 1 ) Alternative locations are infeasible or more environmentally damaging. 2) to locate the construction or expansion elsewhere would adversely affect the public welfare. 14 GA96ordina:amd969-a.doc RLS 95-757 03:06/96 f 3) Adverse environmental effects are mitigated to the maximum extent feasible consistent with 969.7.6. 4) Siting is 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). 5) For expansion of the Southern California Edison Plant within the area designed Industrial Energy Production/Conservation only: a) Not less than two and one half acres of wetlands south of Magnolia are permanently protected by conservation easements, dedications or other similar mechanisms for each acre of wetlands filled, and a program acceptable to the Department of Fish and Game is implemented to assure long term habitat enhancement or restoration of these protected wetlands. Vehicular access shall be prohibited in the wetland mitigation area protected by conservation easement or similar mechanism, and b) The feasibility of expanding inland to the area known as the Rotary Mud Dump site (also known as the Ascon Landfill), or other inland location, unless the Energy Commission has determined such expansion infeasible during or before the Notice of Intention proceedings. (C) 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. 15 GA96erdina:a-:.d969-a.dcc RLS 9:-75 7 03 06.'96 SECTION 2. The Community Development Director is hereby directed to amend Article 969.7 of the Huntington Beach Ordinance Code to reflect LCP Amendment No. 2-94 as described in Section 1 hereof. Copies of said Article as amended hereby are available for inspection in the Office of the City Clerk. SECTION 3. This ordinance shall take effect thirty (30) days following its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the day of 1996. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED:` t INITIATED AND APPROVED: City Administrator Director of Community Development 16 G:4:96ordina:a-nd969-a.doc RLS 95-757 03/06/96 r. A T-, �� ; i ORDINANCE NO. 3 � AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 969.7 THEREOF TO CONFORM LCP AMENDMENT NO. 2-94 TO MODIFICATIONS MADE BY THE CALIFORNIA COASTAL COMMISSION The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1 . Article 969.7 of the Huntington Beach Ordinance Code is hereby amended to read as follows: 969.7.0 Purpose 969.7.1 Definitions 969.7.1 .1 Designation of the Project Area 969.7.2 Permitted Principal Uses and Structures 969.7.3 Uses and Structures Subject to a Conditional Use Permit 969.7.3.1 .. Application for Economically Viable Use Determination - 969.7.3.2 Economically Viable Use Determination 969.7.3.3 Economically Viable Use 969.7.4 Prohibited Principal Uses and Structures 969.7.5 Required Permits/Agreements 969.7.6 Performance Standards 969.7.7 Required Findings 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 Coastal Zone while allowing for appropriate utilization to occur. The application of the coastal conservation 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. 4\s\PC D:Ordinance:amd969.7 RLS 95-757 03;05/96 969.7.1 Definitions. (a) 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. (b) 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 distributed or degraded by human activities and developments. (c) Feasible: means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, social, and technological factors. I (d) Functional Capacity: means the ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. (e) Significant Disruption: means having a substantial adverse effect upon the functional capacity. (f) 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. (2701-7/84) (g) Coastal-dependent development or use: means any development or use which requires a site on, or adjacent to, the sea to be able to function at all. 969.7.1 .1 Designation of the project area. Development or subdivision of any parcel in whole or in part within the coastal conservation district shall be permitted only pursuant to an overall development plan for the entirety of all parcels that are geographically contiguous and.in common ownership at the time of application. For purposes of determining common ownership pursuant to this Article, parcels which are owned in fee, as well as parcels subject to existing purchase options, shall be treated as commonly owned. Consistent with Government Code section 66424, property shall be considered as contiguous pursuant to this Article even if separated by roads, streets, utility easements or railroad rights of way. 969.7.2 Permitted Principal Uses and Structures. The following principal uses and structures shall be permitted in the CC District �4's`PCD:Ordinance:amd969.7 22 RLS 9S-757 03:"C6.96 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 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: (a) Incidental public service projects such as, but not limited to, burying cables and pipes. (b) Maintenance of existing streets and utility structures. 969.7.2.1 Extension of Hamilton Avenue. 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 EIR shall be certified which addresses the alternative alignments for Hamilton Ave. 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 (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. 969.7.3 Uses and Structures Subiect to a Conditional Use Permit. A. 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 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). 3 41.s\PCD:Ordinance:a.:.d969.7 RLS 95-737 03/06/96 s (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 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 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. (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; 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 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 � � I 4'sTCD:0rdinance:amd969.7 3 RL.S 95-757 03,06,95 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. (2701-7/84) (i) Habitat Restoration Projects. (j) 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 Visitor Serving Commercial_ zoning district. B. In addition to the above uses, coastal dependent industrial facilities shall also be allowed even where inconsistent with other provisions of the certified LCP if: (1) To locate elsewhere is infeasible or causes greater environmental damage and, (2) To do otherwise would adversely affect the public welfare and, (3) Adverse environmental effects are mitigated to the maximum extent feasible and (4) Where findings consistent with in 969.7.7 can be made. 969.7.3.1 Application for economically viable use determination. Any applicant that proposes a use other than one permitted in the coastal conservation district based on the contention that the uses permitted in this district will not provide an economically viable use of his or her property shall apply for an economic viability determination in conjunction with their coastal development permit application. The application for an economic viability determination shall include the entirety of all parcels-that are geographically contiguous and held by the applicant in common ownership at the time of the application. Before any application for a coastal development permit and economic viability determination is accepted for processing, the applicant shall provide the following information: (a) The date the applicant purchased or otherwise acquired the property, and from whom. (b) The purchase price paid by the applicant for the property. 5 4`s`?CD:0:diaance:x.:.C969.7 S545 F S 95-757 O'l06:96 (c) The fair market value of the property at the time the applicant acquired it, describing the basis upon which the fair market value is derived, including any appraisals done at the time. (d) The general plan, zoning or similar land use designations applicable to the property at the time the applicant acquired it, as well as any changes to these designations that occurred after acquisition. (e) Any development restrictions or other restrictions on use, other than government regulatory restrictions described in (d) above, that applied to the property at the time the applicant acquired it, or which have been imposed after acquisition. (f) Any change in the size of the property since the time the applicant acquired it, including a discussion of the nature of the change, the circumstances and the relevant dates. (g) A discussion of whether the applicant has sold or leased a portion of, or interest in, the property since the-time of purchase, indicating the relevant dates, sales prices, rents,.and. nature of the portion or interests in the property that were sold or leased. (h) Any title reports, litigation guarantees or similar documents in connection with all or a portion of the property of which the applicant is aware. (i) Any offers to buy all or a portion of the property which the applicant solicited or received, including the approximate date of the offer and offered price. (j) The applicant's costs associated with the ownership of the property, annualized for each of the last five calendar years, including property taxes, property assessments, debt service costs (such as mortgage and interest costs), and operation and management costs. (k) Apart from any rent received from the leasing of all or a portion of the property, any income generated by the use of all or a portion of the property over the last five calendar years. If there is any such income to report it should be listed on an annualized basis along with a description of the uses that generate or has generated such income. 6 4\eTCD:Ordinance:amd969.7 RLS 95-757 03,106196 969.7.3.2 Economically viable use determination. The decision-making authority shall hold a public hearing on any application for an economically viable use determination. Prior to approving a coastal development permit for a use other than one provided for in the coastal conservation district the decision-making authority shall make the following findings.: (a) Based on the economic information provided by the applicant, as well as any other relevant evidence, each use provided for in the coastal conservation district would not provide an economically viable use of the applicant's property. (b) Restricting the use of the applicant's property to the uses provided for in the coastal conservation district would interfere with the applicant's reasonable investment-backed expectations. The findings adopted by the decision-making authority shall identify the evidence supporting the findings. 969.7.3.3 Economically viable use. Where the decision-making .authority finds that the uses provided for in the coastal conservation district would not provide an economically viable use, and that restricting the use of the applicant's property to these uses would interfere with their reasonable investment backed expectations, the uses provided for in the visitor serving commercial zoning district may be allowed as a conditional use and in planning area 3 only, the uses provided for in the Limited Manufacturing zone of the Industrial District may be allowed as a conditional use. A specific development proposal for a visitor serving commercial use or limited manufacturing use, may be denied, however, if a feasible less environmentally damaging visitor serving commercial or limited manufacturing alternative also would provide the applicant with an economically viable use. In addition to the other Performance Standards of 969.7.6 applicable to projects in the coastal conservation district, such a visitor serving.commercial or limited manufacturing use shall be subject to the following development standards: (a) The area in which visitor serving commercial or limited manufacturing uses shall be permitted shall be the minimum amount necessary to provide the applicant with an economically viable use of his or her property. 7 41s1PCD:Ordinance:amd969.7 RLS 95-757 03/06/96 (b) The portion of the project involving visitor serving commercial or limited manufacturing uses shall also be subject to the standards of the visitor serving commercial district or the limited manufacturing zone. (c) Access through wetlands or environmentally sensitive habitat areas to an area proposed for visitor serving commercial or limited manufacturing uses shall only be allowed if necessary to provide an economically viable use of the overall development plan area. 969.7.4 Prohibited Principal Uses and Structures. Any principal use or structure not expressly permitted is prohibited herein. 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. 969.7.5.1 Required Consideration of Alternatives. Before any application is accepted for processing, the applicant shall provide topographic, vegetative, hydrologic and soils information prepared by a qualified professional which identifies the extent of the wetlands on the property. This submittal shall also include an analysis of alternatives to the proposed project and an assessment of how the proposed project is the least 4',s\PCD:Ordinance:amd969.7 58 RLS 95-757 03106;96 environmentally damaging alternative. The analysis of alternatives shall include an assessment of how the proposed project will impact all adjacent wetlands and environmentally sensitive habitat areas, including those within the overall development plan area. 969.7.6 Performance Standards. (A) Before the coastal development permit can be issued, the project shall comply with the following standards to the satisfaction of the Director: (1) 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. 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. (a) All feasible mitigation measures shall be incorporated into projects to minimize adverse environmental effects...: (i) 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 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, 9 4W,PCD:Ordinance:amd969.7 RLS 95-757 03.06/96 improving tidal flushing, or other restoration measures. (ii) 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 bound or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. (2753/4/85) 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. (2753/4/85) 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. (2753/4/85) 3. If no appropriate restoration sites under options (a) and (b) are available, the applicant shall pay an in-lieu fee, 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. (2753/4/85) (iii) 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 4`s\PCD:Ordinance:amd969.7 10 60 RLS 95-757 03/06:'S6 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). (2753/4/85) (b) 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. (2753/4/85) (c) 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. (2753/4/85) (d) Passive nature study uses shall include a program to control litter; examples include litter containers and "no littering" signs posted in the project area. (2753/4/85) (e) Environmentally-sensitive habitat areas shall be restored and enhanced to lessen the risk of flood damage to adjacent properties. (2753/4/85) (f) 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 lease disturbance to wetland dependent species; e.g., migratory waterfowl and shorebirds. (2753/4/85) (g) Construction/maintenance activities shall be carried out in areas of minimal size. Preconstruction topography shall be restored 4- CD:0-dirance:arnd969.7 RLS 95-757 01 0c-96 i subsequent to the conclusion of the project unless such topography is to be altered to conform with an approved restoration project. (2753/4/85) (2) 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: (2753/4/85) (a) 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; (2753/4/85) (b) harm or destroy a species or habitat that is rare or endangered; (2753/4/85) (c) harm a species or habitat that is essential to the natural biological function of a wetland or estuary; (2753/4/85) (d) reduce consumptive (e.g., fishing,..aquaculture and hunting) or nonconsumptive (e.g., water quality and research opportunity) values of a wetland or estuarian ecosystem. (2753/4/85) (3) 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. (2753/4/85) 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: 1) Provision has been made for enhancement of a significant portion of the project area, to ensure preservation of plant and wildlife species. 12 4W PC D:Ordinance:amd969.7 RLS 95-757 03."06:'96 (B) Prior to coastal dependent industrial facilities being approved, the approving authority shall make the following finding with statement of F facts: 1) Alternative locations are infeasible or more environmentally damaging. 2) to locate the construction or expansion elsewhere would adversely affect the public welfare. 3) Adverse environmental effects are mitigated to the maximum extent feasible consistent with 969.7.6. 4) Siting is 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). 5) For expansion of the Southern California Edison Plant within the area designed Industrial Energy Production/Conservation only: a) Not less than two and one half acres of wetlands south of Magnolia are permanently protected by conservation easements, dedications or other similar mechanisms for each acre of wetlands filled, and a program acceptable to the Department of Fish and Game is implemented to assure long term habitat enhancement or restoration of these protected wetlands. Vehicular access shall be prohibited in the wetland mitigation area protected by conservation easement or similar mechanism, and b) The feasibility of expanding inland to the area known as the Rotary Mud Dump site (also known as the Ascon Landfill), or other inland location, unless the Energy Commission has determined such expansion infeasible during or before the Notice of Intention proceedings. (C) 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. 13 4WPC D:Ordinance:amd969.7 RLS 95-757 03/06i96 SECTION 2. The Community Development Director is hereby directed to amend Article 969.7 of the Huntington Beach Ordinance Code to reflect LCP Amendment No. 2-94 as described in Section 1 hereof. Copies of said Article as amended hereby are available for inspection in the Office of the City Clerk. SECTION 3. This ordinance shall take effect thirty (30) days following its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the day of , 1996. Mayor ATTEST: APPROVED AS TO FORM: ?.-,-Q 3161f c City Clerk Fo- City Attorney ??-� VOL REVIEWED AND APPROVED: INITIATED AND APPROVED:' City Adeffinistrator Director of Corfimunity Development 14 4`s\PCD:Ordi,ance:a ,d969.7 RLS 95-757 NX5,`95 ViJ - ' y 3 ! ' Z STATE OF CALIFORNIA—THE RESOURCES AGEN PETE WILSON, Govsmor CALIFORNIA. COASTAL COMMISSION SOUTH COAST AREA 245 W. BROADWAY, STE. 380 P.O. BOX IA50 0 LONG BEACH, CA 908024416 November 29, 1995 C�C0� 199 Mr. Howard Zel efsky Y�6�N&Opmall Planning Director .,,,,, Department of Community Services 2000 Main Street Huntington Beach, CA 92648 Re: Huntington Beach Local Coastal Program Amendment`No. 2-94 Pacific Coast Highway Area of Deferred Certification Dear Mr. Zelefsky, You are hereby notified that Huntington Beach Local Coastal Program Amendment No. 2-94 was approved with suggested modifications by the California Coastal Commission at their November 16, 1995 public hearing in Los Angeles. The LCP amendment will not be fully effective until the Commission's suggested modifications are adopted by the City Council , and the Executive Director, certifies to the Commission that the City has complied with the Commission's action. Certification of the Huntington Beach Local Coastal Program Amendment No. 2-94 is subject to the attached modifications which reflect the changes made at the hearing. These changes are found on pages 5 and 6 of the attached suggested modifications. Pursuant to Section 13537 of the California Code of Regulations, the Commission's certification with suggested modifications will expire six months from the date of Commission action if not adopted by the local government. Thank you and your staff for your efforts and cooperation with this project. Please cal4"Meg Vaughn at the above number if you have any questions regarding this matter. i Sincerely, Y� 4 Charles Damm South Coast District Director cc: Scott Hess enc. 5303E STATE OF CALIFORNIA—THE RESOURCES Alt • PETE WILSON, Govan CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA e 245 W. BROADWAY, STE. 380 P.O. BOX 1450 LONG BEACH, CA 90802-4416 o v� :+inrav7i HUNTINGTON BEACH LOCAL COASTAL PROGRAM AMENDMENT 2-94 PACIFIC COAST HIGHWAY AREA OF DEFERRED CERTIFICATION IMPLEMENTATIQ SUGGESTED MODIFICATIONS Certification of the Implementation Plan Amendment is subject to the following modifications: (deletions indicated by strike—out,' additions indicated by underscoring) A. MODIFICATIONS TO PROPOSED IMPLEMENTATION ZONING All parcels which contain a -land use designation of conservation, in whole or in part, shall be base zoned Coastal Conservation district and shall be subject- to the requirements of Article 969.7, as modified below. The area land use designated Industrial Energy Production/Conservation shall be. base zoned Conservation and-shall be subject to -the requirements of Articl e 969.7. , as modified below. Revised zoning district maps, adopted by the City Council , reflecting the above zone changes to Coastal Conservation District and Industrial Energy Production/Conservation shall be submitted for Executive Director review and approval and Coastal Commission concurrence. B. RECODIFICATION OF ARTICLE The City may submit the Coastal Conservation District provisions recodified as Article 9422 in response to the Commission's suggested modifications, as. long as the Article has been otherwise amended to reflect all the-Commission's suggested modifications. The City shall definitively state, as part of its adoption of the suggested modifications, whether this recodified Article is being submitted to the Commission as a response to the suggested modifications. This recodified Article shall not become effective, however, unless and until it has been reviewed and approved by the Executive Director, and this approval has received the concurrence of the Commission. C. DELETION OF PROPOSED ADDITIONS BECAUSE THEY ALREADY EXIST IN THE COASTAL CONSERVATION DISTRICT TEXT If the City chooses not to submit the recodified Coastal Conservation District Article 9422 to the Commission, and instead chooses to implement Article 969.7, the -following proposed additions will be unnecessary. 1 . Delete proposed addition described in Section 1 of Ordinance No. 3251—B which proposes to modify the definition of wetland in the Coastal Conservation District. • Huntington Beach LCP Amend,* 2-94 ' Suggested Modifications -Page 2 2. Delete proposed addition described in Section 4 of Ordinance No. 3251-8 which proposes to replace the word "practical" with "feasible". 3. Delete proposed addition described in Section 6 of Ordinance No. 3251-B which proposes to add a new allowable use. 4. Delete proposed addition described in Section 8 of Ordinance No. 3251-B which proposes to replace the word "moderate" with "minimize". D. Delete Proposed Change to Article 969.9.21 described in Ordinance No. ` 3251-B which references the Coastal Conservation suffix proposed by the City. E. MODIFICATIONS COASTAL CONSERVATION DISTRICT TEXT 1 . Delete Reference to Article 902, which is not certified by the Commission as part of the Implementation Plan; add the following similar text to end of 969.7.0: 969.7.0 Purpose. The application of the coastal conservation 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 wi1.I take or t 4mage private property for public use. This zoning ordinance is not intended to increase or decrease the rights of any owner of property unde the constitution of the State of California or the United States, 2. Delete proposed new Section 9422.2.1 in its entirety as well ' as reference to Section 9422.2.1 contained in proposed addition to Section 969.9.21 . 3. Delete proposed Section 9422.3 in its entirety. . 4. Modify Section 969-.7.3 by adding the following: Add subsection M after title and before the first sentence. Add to the end of 969.7.3 (a): (a) 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) . Add the following language to Section 969.7.3 immediately after subsection (h) : (i ) Habitat Restoration Projects. LU 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 Visitor Serving Commercial zoning district. • Huntington Beach LCP Amend*t 2-94 _ Suggested Modifications Page 3 i (B) In addition to the above uses, coastal dependent industrial fo.cilities shall also bg allowed even where inconsistent with other provisions of the certified LCP if: (1) To locate elsewhere is infeasible or causes greater environmental • damage and. (2) To do otherwise would adversely affect the public welfare and. (3) Adverse environmental effects are mitigated to the maximum extent feasible and (4) Where findings consistent with in 969.7.7 can be made. S. Add to 969.7.1 (g) Coastal-dependent development or use means any development or use which requires a site on. or adjacent to, the sea to be able to function at all . 6. Add the Following Language to Section 969.7.1 .1 : 969.7.1 .1 Designation of the project area, Development or subdivision of any parcel in whole or-i-n part within -the : --- coastal conservation district shall be permitted only pursuant to an overall development plan for the entirety of all parcels that are geographically contiguous and in common ownership at the time of application. For purposes of determining common ownership_pursuant to this Article, parcels which are owned in fee. as well as parcels `subject to existing purchase options. shall be treated as commonly owned. Consistent with Government Code section 66424. property shall be considered as contiguous pursuant to this Article even if separated by roads. streets, utility easements or railroad rights of way, 7. Add the following to Section 969.7.3: 969.7.3.1 Application for economically viable use determination. Any applicant that proposes a use other than one permitted in the coastal conservation district based on the contention that the uses permitted in this district will not provide an economically viable use of his or her property shall apply for an economic viability determination in conjunction with their coastal development permit application. The application for an economic viability determination shall include the entirety of all parcels that are geographically contiguous and held by the applicant in common ownership at the time of the application. Before any application for a coastal development permit and economic viability determination is accepted for processing, the applicant shall provide the following information: M The date the applicant purchased or otherwise acquired the property. _ _ and from whom. Sly. The purchase price paid by the applicant for the property. Huntington Beach LCP Amendm,* 2-94 Suggested Modifications Page 4 The fair market value of the property at the time the applicant acquired it. describing the basis upon which the fair market value is- derived. including any appraisals done at the time. The general plan. zoning or similar land use designations applicable to the rp opgrty at the time the applicant acquired it. as well as any changes to these designations that occurred after acquisition. ill Any development restrictions or other restrictions on use. other than government regulatory restrictions described in (d) above, that applied to the progeny at the time the applicant acquired it, or which have been imposed after acquisition. .(f) Any change in the size of the property since the time the applicant acquired it. including a discussion of the nature of the change, the circumstances and the relevant dates. W A discussion of whether the applicant has sold or leased a portion of. or interest in. the property since the time of purchase. indicating the relevant dates. sales prices, rents. and nature of the portion or interests in the property that were sold or leased. �i Any title reports. litigation guarantees or similar documents in connection with all or a portion of the property- of-which the - - applicant is aware. M Any offers to buy all or a portion of the property. which the applicant solicited or received, including the approximate date of the offer and offered prise_ The applicant's costs associated with the ownership of the property_,, annualized for each of the last five calendar Years. including property taxes. property assessments. debt service costs (such as mortgage and interest costs). and operation and management costs. Apart from any rent received from the leasing of all or a portion of the property. any income generated by the use of all or a portion of the property over the last five calendar years. If there is any such income to report it should be listed on an annualized basis along with a description of the uses that generate or has generated such income, 969.7.3.2 Economically viable use determination. The decision-making authority shall hold a public hearing on any -application for an economically viable use determination Prior to approving a coastal development permit for a use other than one provided for in the coastal conservation district the decision-making author w shall make the following findings.:_ . Based on the economic informationnrovided by the applicant. as well as any other relevant evidence, each use provided for in the coastal conservation -district would not provide an economically viable use of the applicant' s property. Huntington Beach LCP Amendmel 2-94 Suggested Modifications Page 5 Restricting the use of the applicant's property to the used provided for in the coastal conservation district would interfere with the applicant' s reasonable investment—backed expectations. The findings adopted by the decision—making authority shall identify the evidence supporting the fi ndi nU , 969.7.3.3 Economically viable use. Where the decision—making authority _finds that the uses provided for in the coastal conservation district would not provide an economically viable use, and that restricting the use of he applicant's property to these uses would interfere with their reasonable investment backed expectations. the uses provided for in the visitor serving commercial zoning district may be allowed as a conditional use and in laanning area 3 only, the uses provided for in the Limited Manufacturing zone of the Industrial District may be allowed as a conditional use. A specific development proposal for a visitor serving commercial use or limited manufacturing use. may be denied. however, if a feasible less environmentally damaging visitor serving commercial or limited manufacturing alternative also would provide the applicant with an economically viable use. In addition to the other Performance Standards of 969.7.6' applicable to projects in the coastal conservation district. such a visitor serving commercial or limited manufacturing use shall be subject to the following development standards: The area in which visitor serving commercial or limited manufacturing uses shall be permitted shall be the minimum amount necessary to provide the applicant with an economically viable use of his or her property, . The portion of the project involving visitor serving commercial or limited manufacturing uses shall also be subject to the standards of the visitor serving commercial district or the limited manufacturing zone. SSZ Access through wetlands or environmentally sensitive habitat areas to an proposed for visitor serving commercial or limited manufacturing uses shall only be allowed if necessary to provide an economically viable use of the overall development. plan area. 8. Add the following language: 969.7.5.1 Required Consideration of Alternatives. Before any application is accepted for processing. the applicant shall provide topographic vegetative hydrologic and soils information prepared by a qualified professional which identifies the extent of the wetlands on the property. This submittal shall also include an analysis of alternatives to the proposed project and an assessment of how the proposed project is the least environmentally damaging alternative The analysis of alternatives shall include an assessment of how the proposed eject will impact all adjacent wetlands and environmentally sensitive habitat areas. including those within the overall development plan area. Huntington Beach LCP Amendrr, 2-94 Suggested Modifications Page 6 9. Modify Section 969.7.6 as follows: 969.7.6 PERFORMANCE STANDARDS (A) Before the coastal development permit can be issued, the project shall comply with the K - following standards to the satisfaction of the Director: (1) Wetlands and environmentally. sensitivg 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. 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. Lil All feasible mitigation measures shall be incorporated into projects to minimize adverse environmental effects. S,j,Z If the project involves dredging, mitigation measures must include the following: �..,, dredging and spoils disposal must be planned and carried out to avoid significant disruption to --wetland habitats and to water circulation; ,Zs limitations may 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. i) If the project involves diking or filling of a wetland, the following minimum mitigation measures shall apply. . . . (renumber existing 969.7.6 text accordingly) 10. Add new Section 969.7.2.1 regarding Hamilton Avenue Extension U9.7.2.1 Extension of Hamilton Avenue 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 cementation that the least environmentally damaging feasible alternative is the chosen alternative Before the precise alignment of Hamilton Avenue can be approved an EIR shall be certified which addresses the alternative alignments for Hamilton Ave and the mitigation needs nererated from each alternative. The alternatives analysis shall include at a minimum, the following: (1) placing the roadway in an alignment which • Huntington Beach LCP Amendns 2-94 Suggested Modifications Page 7 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 shQulders and S 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. 11 . Add the following language to Section 969.7.7: (A) Prior to energy production facilities being approved, the approving authority shall make the following finding with statement of facts: ]1 Provision has been made for enhancement of a significant portion .of the project area, to ensure preservation of plant and wildlife species. (B) Prior to coastal dependent industrial facilities being approved, the approving authority shall make the following finding with statement of facts: 1) Alternative locations are infeasible or more environmentally damaging. 2) To locate the construction or expansion elsewhere would adversely affect the public welfare. 3) Adverse environmental effects are mitigated to the maximum extent feasible consistent with 969.7.6. 4) Siting is 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). 5) For expansion of the Southern California Edison Plant within the area designated Industrial Energy Production/Conservation only: . Not less than two and one half acres of wetlands south of Magnolia are permanently protected by conservation easements. dedications or other similar mechanisms for each acre of wetlands filled. and a program acceptable to the Department of Fish and Game is implemented to assure long term habitat enhancement or restoration of these protected wetlands. Vehicular access shall be prohibited in the wetland mitigation area protected by conservation easement or similar mechanism. and The infeasibility of expanding inland to the area known 'as the Rotary Mud Dump site (also known as the Ascon Landfill ) . -or other inland location, unless the Energy Commission has determined such expansion infeasible during or before the Notice of Intention proceedings. -, -Huntington Beach LCP. Amendml 2-94 Suggested Modifications 'Page 8 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.. 5799F CALIFORNIA COASTAL COMMISSION REPORT FOR LOCAL COASTAL PROGRAM AMENDMENT NO. 2-94 DATED OCTOBER 26, 1995 AVAILABLE IN THE OFFICE OF THE CITY CLERK LETTER DATED NOVEMBER 13, 1995 FROM MARiA P. RIVERA OF McCUTCHEN, DOYLE, BROWN & EMERSEN AVAILABLE IN THE OFFICE OF THE CITY CLERK Pow i NON-CERTIFIED COASTAL AREAS ANALYSIS DATED MAY 1986 (INCLUDES CITY COUNCIL RESOLUTION NO, 5760-A ADOPTING COASTAL ELEMENT AMENDMENT NO. 86-1 AND DFG_ WETLANDS ANALYSIS DATED JUNE 291986), AVAILABLE IN THE OFFICE OF THE CITY CLERK = TACHMENtT . . V v COVEK ONLY (Entire document on flie in the Community Development Department) non certified coastal areas ANALYSIS OF LAND USE ALTERNATIVES FOR THE 'WHITE HOLE' AREAS l/ CITY OF HUNTINGTON BEACH '. -iACHMENT NO. • '-TMt3YApWA2PWAn[DFd1011A100HCOUIR1r . t t •.•• 'i "3 {Asacssono�rr.wusOw<x.rte �::•.;�'• j SOn MAKES M0001 ASTOfrsA=CYt.• r•t Mon ASUNEi ANY LL: KM FOR OMA VSGl. �'` • •;i NOT To U nernooUCM ALL nx nswE!MRV � 's�'' �J QGbPTRIGWOPAMWCOU TYA33ESSOR 1NQ rsI^'t.► e.!! y!': =!��...� p 'tz. r + ••Y.;f '� `t'Y •, is�t s G l•'•Y -g"4g•�=ti-u•�`. 4ttC Ot `+� :4 v. 's.` s rt::. •• .. . ..• •7n•• WWII ' r„s.,• "7"�'j y ,� 49 ;�,l;:,'1 t •' �4 r 't.:'7y Wjt,`•Ft'! i'Xc1l�jt cn. •e ••• 69 1 1 .J� ;'^,�r�;fT� f4),ti:�t�i;x ;; w►''f�i''�• 64 � . 'YJ. • ri ' .../ Pr,;,:;:'e:.;'. :t .1'' •.'FSrE� �t t -���� �'�•.. 34.83 C. \ ` •t �:. x•1.`� �•. lY� : '"�fY r '.tp ® 't .,•.!•Ifs•, y! (��( ,;.r .,, • ••i :i•.y1rE•� Fyn y ��.. ArB• �pGO 454a4a i. w�.. 71 V� t. 2 �. r} ,%�t..�s' s •f .' e '•• ?�� 51 eeG`r �,yt r�'rr •i,�3 „,�y Rc.r;r� s�! + ��h.'�i ,+�+* • fir• r.,r`�� � •• •• ��• y•t �'• 4 il- CEIK SEC%9-6-/O ir'v.R�{r !�A• •I:i'„'•''•:�.D'�i'.!v�;!};•.ary` �• 1,�J�, ! •.M10.,� 1 r E—• mom 4?r 739.E a. 13 ,v ' .aoac' ;: %-�• ? �•.. cam• 9'' - '�� _, � k;� 3 v �yiymat 4 Cl asp' -` • �r S r,. � g ,1wi rr.•« Af41,CH 1951 HANNIN6 TRACT _ ^' '° •., NOTE -'ASS OR'S BL d, ,`ASSESSORS MAP .:.:.:; �4 ',r j' i r.l:. rye ivr,y t' PARCEL NUM9ERS :/ -"'•BOOK 114 PACE. SHOWN IN CLEs' COUNTY OF ORANGE•••*%!,I,�% / � :%� a •'' ...: ;I,j ',/:1v• A��y ,�,_ '. , '•iy.."."• ,�li s f'il��jT� J y'i. f �` •• ... ..i' .. ; .. .;. ..I L., ': ::r:.;s�N.:wV;::s�,.'.0 i.Iti't,�+S'• '•-'17W' ir• .i , J. t ;.j,�? .�--1:»:..:..'.1. {7 Lit, a �.../•+:+�•� P 9th►C� �Mtl� � r.l}.t. t y,yT.arei.l..1.. �..ALL�• RECEIVED CITY CLERK � CITY CE tom; J HUNTING,TC�: `EACN.CA 1998 APR 21 P L: L, O V1 O W dlylVll�ll �Iliel�lil II4i�'6���=z= ::- m «.ter 3.0 t; HISTORY II, ' • 1985 - California Coastal Commission certified City's Local • Coastal Program excluding wetlands along PCH . • 1986 - City Council approved i Conservation Land Use Plan for wetlands area based upon Dept. of Fish and Game's study of wetlands in southeast H . B . O .,E History (Cont. ) o • 1987 - California Coastal Commission certified City's Program for wetlands . F Y ry. y�y 3 ' F • 1988 - Rezoning subject to Coastal Conservation " to be P consistent with Local Coastal 3 Program is initiated , E' t, '73 History (Cont. ) V, F 3 0 1996 - After public ears ei ht of J Y hearings, meetings and 4n discussions, California Coastal j Commission adopted special g . zoning . 1n. 3 I t «Virg Local t Program/Zonin I a �E sE • Wetlands property currently zoned Coastal Conservation . " +� I • Maximizes the that the possibility wetland areas can be protected in their entirety. ll,ifs ;i. I I� i 5 Local Coastal Program/Zoning (Cont. ) • Zoning not intended to authorize City to exercise its power to take or • damage private property for public use. • Conceptual development plan , � environmental studies, and alternative land use analysis required at time of any land use proposal . Local y. $f (Cont. ) ff b�1 a€ • E5 • Includes for determiningprocess economic viabilityissues ifproperty owner contends the usespermitted o fEt �•� by zonin are not economical J Y viable. `Id i i 7 Status - Wetlands South of Edison Plant • 17 acres just south of Edison Plant • 10 acres NWC Magnolia & PCH � (Piccirelli/Curtis) • 35 acres between Magnolia & Brookhurst adjacent to Flood Channel ( Piccirelli/Curtis) � kf • 21 acres between Magnolia & Brookhurst adjacent to PCH (Pacific Enviro Design) O A.rn: E Statu -sWetlands North of aE pfE � E ison Plant r is rEt. �fj f 9 M 13 acres SWC of Hamilton and ft Newland (Mills Land & Water) >�rr • 35 acres N EC Beach & PC H M i I Is Land & Water) s r