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HomeMy WebLinkAboutCode Amendment 86-17 - Ordinance 2862 - Limited Use - Recrea Autr�:<<rce rc �ue:,s ,7.r= i sc: ..f ,t• o� 1"Ciuo'nq PubtgC 07 notices by Decree of tr,e Superior CO f Orange County. California. Number A 6214. dated 29 ember. 1961. and A-24831. dettd-11 June. 1963 STATE OF CALIFORNIA County of Orange P.t"K Mot" Ao.Vtttwq tot wed by ttr$ 41"11,nt U 90 in ) point .wth 10 petit cok~WKM ` i PUBLIC NOTICE I NOTICE OF y I am a Citizen of the United States and a resident of PUBLIC HEARING the County aforesaid: I am over the age of eighteen CODE AMENDMENT NO. LIMITED USE/ years. and not a party to or interested in the below RECREATIONAL OPEN SPACE/SHORELINE/ entitled matter. I am a principal clerk of the Orange OASTAL CONSERVATION/ Coast DAILY PILOT, with which Is combined the WATER RECREATIONAL NOTICE IS HEREBY NEWS-PRESS, a newspaper of general circulation. GIVEN that the Huntingtoni Beach City Council will hold, printed and published in the City of Costa Mesa, a public hearing in the' Council Chamber at the( County of Orange. State of California, ;end that a Huntington, 00 Main street; PUBLIC HEARING Huntington Beach,' Notice of California, on the date and, at the time indicated below, to receive and consider the statements of all persons who wish to be heard relative to the application of which copy attached hereto is a true and complete described below. DATE: Monday, August copy, was printed and published in the Costa Mesa, (18, 1986 TIME:7,30 P.M. Newport Beach, Huntington Beach, Fountain Valley, �' APPLICATION NUMBER:' Code Amendment No.86-17 Irvine, the South Coast communities and Laguna LOCATION:City widePROPOSAL:A request to repArticles Beach issues of said newspaper for ONE TIME 9695,1969,1sting 965, 969.7 and {969.8 and add new Articles consecutive weeks to wit the issue(s) of 941 - Limited Use(LU)and Recreational Open Space (ROS), 942-Shoreline (SL), Coastal Conservation (CC)' and ,Water Recreational August 7 198 6 (AIR)N ENVIRONMENTAL STATUS: The proposed project is categorically exempt from the provisions 1g8 of the California Environmental Quality Act. ON FILE: A copy of the proposed ordinance is on 19$ file in the Department of Development Services Office. ALL INTERESTED PERSONS are invited to 198 l attend said hearing and express opinions or submit j evidence for or against the lapplication as outlined 19$ above.-All applications, exhibits;and descriptions of this proposal are on file with the Office of the City Clerk, '2000 Main Street, I declare, under enalt of u , that the Huntington Beach, P Y P er 1 rY California,for inspection by foregoing is true and correct. the public. HUNTINGTON BEACH CITY COUNCIL, By: Alicia M. Wentworth, City Clerk Phone(714)536-5405 __Executed on August 7 t 198 6 Published Orange Coast. Daily Pilot August 7, 1986. } at C6sta Mesa, Val ornla. Th007 i Signature Yii PROOF OF PUBLICATION FFREQUES . FOR CITY COUNCIL ACTION Date August 18, 1986 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City' Administrator Prepared by: James W. Palin, Director, Development. Services Subject: CODE AMENDMENT NO. 86-17, LIMITED USE/ L OPEN SPACE/SHORELINE/WATER RECREATION/COASTAL CONSERVATION DISTRICTS Consistent with Council Policy? [ Yes [ ] New Policy or Exception Ate- 9762. Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Code Amendment No . 86-17 reorganizes and streamlines the provisions for five districts into two articles. The structure of the articles has been modified to be consistent in format and numbering with the new Division 9. Little substantive change has been made. RECOMMENDATION: Planning Commission action and recommendation on July 15, 1986 : ON MOTION BY MIRJAHANGIR AND SECOND BY SCHUMACHER, THE PLANNING COMMISSION VOTED TO APPROVE CODE AMENDMENT NO. 86-17 AND RECOMMEND ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Rowe, Schumacher, Livengood, Erskine, Porter, Mirjahangir NOES: None ABSENT: Winchell ABSTAIN: None Staff recommendation is identical to that of the Planning Commission. ANALYSIS: No major content changes have been made in the revised Articles 941 and 942. The following points list the minor changes made: 1. Section 9412(b) (Page 2 of the Ordinance ) : Adds horse stables as a permitted use in the ROS District, consistent with the recent code amendment for horse stables . 2. Section 9418 (Page 3 of the Ordinance ) : Clarifies that the setback for parking lots in the ROS (Recreational Open Space ) District is 25 feet as stated in Article 941 and not the 10 feet as stated in the parking code. P10 5/85 FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: Not applicable . ATTACHMENTS: 1 . Ordinance 2. Existing Articles 969. 5, 969 , 965 , 969 . 8, and 969 . 7 3. Planning Commission staff report and minutes dated July 15, 1986 �TWP:JA:kla RCA - 8/18/86 -2- ( 5855d) PLANNING MISCELLANEOUS DISTRICTS S. 959.5 ARTICLE 969.5 LIMITED USE DISTRICT (2134 - 1/77) S. 969. 5.1 PURPOSE. This article establishes a district to be applied to an area r a temporary period for the purpose of further planning and for zoning or environmental issues. Land in an LU District shall not be subdivided for residential, commercial, or industrial purposes until it is rezoned. S. 969.5.2 USES PERMITTED. The following uses are permitted in an LU District: Farming or grazing Riding or hiking trails Apiaries Field crops Orchards or groves Greenhouses Fishing ponds Boating Picnic grounds Water skiing Bird sanctuaries o S. 969.5.3 DEVELOPMENT STANDARDS. The following development standards shall ym, apply to all premitted uses. (a) Minimum site areal The minimum site area shall be not less than ten (10) acres. (b) Maximum building height: The maximum building height shall not exceed twenty- ive 5 feet. (c) Lot coverage: The ground floor area of all roofed structures shall not occupy more than ten (10) percent of the site area. (d) Front yard requirements: The front yard setback shall be a minimum of fifty 30) feet, landscaped; and free from any structures and parking areas. (e) Side yard requirements: .Interior side yards shall be a minimum of twenty-five 25 feet. Exterior side yards shall be a minimum of fifty (50) feet, land- scaped and free from any structures and parking areas. (f) Rear Zard requirementsi The rear yard setback shall be a minimum of twenty- five 2 feet. (g) Parking requirements: Parking shall. conform to Article 979. (h) Apia requirements: Apiiries shall maintain a minimum distance of one thousanA 1000 feet from any inhabited area. PLANNING MISC OUS DISTRICT S S. 9690 ARTICLE 969 RECREATIONAL OPEN SPACE RISJJICT (1845 m 6 73) S. 9690 Intent and Purpose. The provisions contained in this article are designed to fill a recognized need for privately or publicly owned and operated recreational facilities which consist predominantly of open landscaped space, together with incidental structures. As set forth herein, such provisions are directed toward encouraging development of open space recreational uses in keeping with the natural surroundings, and emphasizing the need to conserve resources as well as scenery. S. 9691 Definitions. All definitions shall conform to Article. 970. S. 9692 Uses Permitted. The following uses may be permitted subject to approval of a use permit application by the Board of Zoning Adjustments: Arboretum Archery range Athletic fields including, but not limited to, polo, baseball, football, soccer and lawn bowling Bird sanctuary, aviary and farm Boating Fishing ponds , .. Golf course (a) country club (b) pro shop (c) 3-par golf course, including pitch-and-putt Picnic grounds Racquet and tennis clubs Recreation centers Swimming pools and clubs Visual art festival- grounds Water skiing S . 9693 Uses Subject to Conditional Use Permit. Zoos and other recreational uses and structures similar to those permitted which conform to provisions of this article may be permitted subject to the approval of a conditional use permit . S . 9694 Front Yard Requirements. The front yard setback shall be a minimum of twenty-five (25) feet, landscaped, and free from any structures, fencing and parking areas. S. 9695 Side Yard Requirements. (a) Interior side yards shall be a minimum of twenty-five (25) feet. (h) Exterior side yards shall be a minimum of twenty-five (25) feet, landscaped, ,Ind free from any structures, fencing, and parking areas. S. 9696 MIg E 0 DI§IRIO§ PIAWIVG S. 9696 Rear Yard Requirements. The rear yard setback shall be a minimum of twenty-five .(25) feet.- S . 9697 General Development Standards. The following general development standards shall apply: (a) Minimum parcel or building site: five (5) acres. (b) Minimum frontage: one hundred (100) lineal feet. (c) Maximum building height shall be forty-five (45) feet except that any structure located within fifty (50) feet of property that is used, master planned, or zoned for residential use shall not exceed fifteen (15) feet in height, (1952-1/75) (d) Maximum coverage for all structures shall not exceed 25 percent of ,the net land area. (e) Landscaping and irrigation plan shall be subject to Planning Department approval. (f) Signs shall conform to Article 976. (g) Parking shall conform to Article 979. 0 PLANNING MISCELLANEOUS DISTRICTS S. 9650 ARTICLE 965. "S1" SHORELINE DISTRICT (ORD NO 495 - Renumbered 1564 - 2658, 2700-7/84) S. 9650 Purpose S. 9650. 1 Permitted Principal Uses and Structures S. 9650.2 Height Limitations S. 9650.3 Parking S. 9650.4 Location Requirements S. 9650. 5 Signs S. 9650 PURPOSE. The purpose of the Shoreline (S1) District is to implement the General Plan land use designation of Open Space: Recreation; preserve; protect and enhance the existing and future recreation potential of the sandy beach area within the coastal zone; preserve as much of the dry sandy beach as possible; provide for a limited amount of facilities for beach users; encourage reasonable public access from Pacific Coast Highway to the beach area; and preserve existing views from Pacific Coast Highway to the ocean. S. 9650. 1 PERMITTED PRINCIPAL USES AND STRUCTURES. The following principal uses and structures shall be permitted in the "S1" District subject to review and approval of final architectural and landscaping plans by the Design Review Board. (a) Access facilities (b) Basketball courts Beach concession stands (for sale of refreshments and beach-related sundries and not to exceed two thousand five hundred (2,500) square feet) Boat loading and unloading areas (non-motorized and under twenty (20) feet in length) (f) Fencing Fire rings (1) Lifeguard towers, and other structures necessary for health or safety (p) Paddle ball courts . Parking lots (that would not result in the loss of recreational sand area) . Tiered parking is permitted on existing lots seaward of Pacific Coast Highway provided the parking is designed so that the tops of the structures including walls, are located a minimum of one foot below the maximum height of the adjacent bluff. Park offices Picnic tables Picnic shelters 7/84 S. 9650. 1W MISCELLANEOUS DISTRICTS PLANNING Playground facilities Public restrooms Public dressing rooms Public showers (r) Recreational vehicle overnight .parking (not to exceed ten percent (10%) of the available public parking spaces) (s) Shoreline construction that may alter natural shoreline processes, such as groins, cliff retaining walls, pipelines, outfalls, when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion and that are designed to eliminate or mitigate adverse impacts on local shoreline and supply (t) Trails (bicycle or jogging) and support facilities (v) Volleyball net supports (2700-7/84) S. 9650.2 HEIGHT LIMITATIONS. Heights are limited to twenty (20) feet, except for lifeguard towers or other facilities necessary for public safety. S. 9650.3 PARKING. No additional parking shall be required for new structures unless construction requires the removal of existing parking. If parking is removed, it shall be replaced on a one-for-one basis in an area that would not resu, in' the. loss. of recreational sand. The access, dimensions and turning radii for all parking shall conform to the provisions of the Huntington Beach Ordinance Code. S. 9540.4 LOCATION REQUIREMENTS. (A) Concession sites shall be located at intervals of no less than 1,000 linear feet. (B) Beach concession stands, boat loading and unloading areas, park offices, public restrooms, dressing rooms and showers shall be located within or immediately adjacent to paved parking or access areas. S. 9650.5 SIGNS. Non-illuminated generic informational or identification signs are permitted in the Sl District subject to review and approval by the Design Review Board. , 7/84 PLANNING MISCELLANEOUS DISTRICTS S 969.8.0 ARTICLE 969.8 "WR° aATER-RECREATION DISTRICT (Ord-2099, - S.' 969.8.0 Purpose S. 969.8.1 Permitted Principal Uses and Structures S. 96908.2 Permitted Accessory Structures S. 969.8.3 Repealed 2752-4/85 S. 969.80'4 Uses and Structures Subject to a Conditional Use Permit S. 969.8.5 Compliance with Other Regulations S. 969.8.6 Development Standards S. 969.8.0 PURPOSE. The purpose of the Water Recreation (WR) District is o imp ement the General Plan land use designation of Open Space: Water; and to provide for the preservation and enhancement of the existing and future recreation potential of tide and submerged lands in keeping with the city' s coastal element and the public trust provisions for commerce, navigation and fisheries. S. 969.8.1 PERMITTED PRINCIPAL USES AND STRUCTURES. The following uses are permitted: - (a) Beaches (2752-4/85) (b) Private boat ramps, slips, docks and cantilivered decks accessory to a single-family dwelling. (2752-4/85) c) Public boat ramps and piers. (2752-4/85) S. - 969.802 PERMITTED ACCESSORY STRUCTURES. Ramps, windscreens and boat hoists accessory to a sing e-family structure are permitted. S. 969.8.3 Repealed (Ord 2752-4/85) S. 969.8.4 USES AND STRUCTURES SUBJECT TO A-CONDITIONAL-USE PERMIT. The following public and semi-public uses are permitted subject to approval of a conditional use permit: (2752-4/85) ( a) Boat-related activity Boat slips (b) Docks (c) Marine fueling docks (d) Sight-seeing vessels Sport fishing (e) Water-taxi service S. 969.8.5 COMPLIANCE WITH OTHER REGULATIONS. The applicant shall comply with all other app icab a city, county, state and federal ,gulations prior to engaging in any activity within this District. `` - 4/85 . 4*W S MIS E LA E U nT C TRI TS PLANNIN S. 969.8.6 DEVELOPMENT STANDARDS. (a) No permitted or conditional use shall be sited or designed so as to obstruct public access to any sandy beach area or public use area. (b) No deck or structure shall extend more than five (5) feet over or in front of any bulkhead in any channel except for a landing or brow for access to a gangway for a dock. No structure shall extend beyond the bulkhead in an area identified as environmentally sensitive (e.g., eelgrass beds, mudflats) . 4/85 PLANNING ,SCELLANEOUS DISTRICTS So 969.7.0 ARTICLE 969.7 °CC" -COASTAL CONSERVATION DISTRICT (Ord-2657, . 2701-7/84, - S. 969.7.0 Purpose S. 969.7.1 Definitions S. 969.7.2 Permitted Principal Uses and Structures S. 969.7.3 Uses and Structures Subject to a Conditional Use Permit.. S. 969.7.4 Prohibited Principal Uses and Structures S. 969.715. Required Permits/Agreements S. 969.76 Performance Standards S. 969.7.7 Required Findings S. 969.7.0 PURPOSE. The purpose of the Coastal Conservation (CC) District is o implement the General Plan land use designation of Open Space: Conservation; and provide for the protection, maintenance, restoration and enhancement of wetlands and environmentally sensitive habitat areas located within the Costal Zone while allowing for appropriate utilization to occur. S. 969.7.1 DEFINITIONS. (a) Energy ciIity: 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 disturbed 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 Ca ac ix: means the ability of an environmentally sensitive area to be se -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) S. 96907.2 PERMITTED PRINCIPAL-USES-AND STRUCTURES Th e following principal uses an structures s0l be permitted in the CC District where no feasible, less environmentally damaging alternative exists and where feasible mitigation measures have been provided and are subject to issuance of a use permit by the Board of Zoning Adjustments. Said permit shall insure that the uses are developed in a manner compatible with the purpose of this District. Such permitted uses are: (a) Incidental public service projects such as, but not limited to, burying cables and pipes. 4/85 i S. 969 7 2 b ACELLA-NEOUS DISTRICTS PLANNING (b) Maintenance of existing streets and utility structures (2701-7/84) S. 969 3 A USES-AND STRUCTURES SUBJECT TO A CONDITIONAL USE -PERMIT. The j following uses an s ruc ures may be permitted in the CC j 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 gy and coastal-dependent industrial facilities where no feasible, less environmentally damaging alternative exists (b) Diking, dredging and filling which are necessary for the protection, maintenance, restoration or enhancement of the environmentally 'sensitive habitat area's functional capacity (c) ( 1) Maintenance of existing modified flood control facilities where the primary purpose is to maintain existing flood control capacity and j 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 wet lands. Maintenance activities may include: Maintenance dredging of Tess 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 restoringbeaches environmentally sensitive areas except in (e) Pedestrian trails and observation platforms for passive nature study; ie., bird watching and the study of flora and fauna native to the site. Such uses may be located within an environmentally sensitive habitat area provided that said use(s) are immediately adjacent to the area's peripheral edge. (f) Maintaining existing, or restoring previously dredged depths in, existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. (g) In wetland areas only, entrance channels for new or expanded boating d 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 Inavigation channels, and any necessary support service facilities, shall not exceed 25 percent of the degraded wetland. 4/85 i PP A��a MISCELLANnuS DISTRICTS So 969,7,Ilk) (h) Nature study, aquaculture, or similar resource dependent activities. (2701-7/84) "'S. 969.7.4 PROHIBITED PRINICIPAL USES AND STRUCTURES. Any principal use or structure not expressly permit is prohibited herein. S. 969.7.5 RE UIRED PERMITS/AGREEMENTS, Before the application can be considered complete, tFie project shall receive the following state and federal regulatory permits/agreements or a statement from the regulatory body that said permit/agreement is inapplicable. The required regulatory permits/agreements shall be forwarded to the Director prior to the submittal of said project to a decision making body. (A) United States Army Corps of Engineers Section 404 and Section 10 permits; (B) California Department of Fish and Game 1601-1603 agreement; . (C) State Water Resource Control Board (permit depends on the operation) ; (D) Regional Water Quality Control Board (permit depends on the operation); (E) A permit from the California State Lands Commission may also be required. S. 969,706 PERFORMANCE STANDARDS: (A) Before the application can. be considered complete, the project shall comply with the following standards to the satisfaction of the Director: (2753/4/85) ( 1) A1-1 feasible mitigation measures shall be incorporated into projects to minimize adverse environmental effects. (2753/4/85) (a) If the project involves dredging, mitigation measures must include the following: (2753/4/85) ( i) dredging and spoils disposal must be planned and carried out to avoid significant disruption to wetland habitats and to water circulation; (2753/4/85) (ii) limitations may be imposed on the timing of the operation, the type of operation, the quantity of dredged material removed, and the location of the spoil site; (2753/4/85) (iii) dredge spoils suitable for beach replenishment shall, where feasible, be transported to appropriate beaches or into suitable longshore current systems; (2753/4/85) (iv) other mitigation measures. may include opening up areas to tidal action, removing dikes, improving tidal flushing, or other restoration measures. (2753/4/85) (b) If the project involves diking or filling of a wetland, the following minimum mitigation measures shall apply. These mitigation measures shall not be required for:temporary or short-term fill or diking if a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. (2753/4/85) 4/85 S. 969.7. 1110)(b)(i) ISCELLANEUU$ DISTRICTS `�' P d4NNING ( i) If an appropriate restoration site is available, the applicant shall submit a detailed restoration plan to the Director which includes provisions for purchase and restoration of an equivalent area of equal or greater biological productivity and dedication of the land to a public agency or otherwise permanently restricting its use for open space purposes. The site shall be purchased before the dike or fill development may proceed. (2753/4/85) 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) 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) (c) The third option above shall be allowed only if the applicant is unable to find a willing seller of. a potential restoration site. Since the public agency may also face difficulties in acquiring appropriate sites, the in-lieu fee shall reflect the additional costs of acquisition, including litigation and attorneys 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) (2) Any areas where vegetation is temporarily removed shall be replanted with a native or an adaptable species in a quantity and quality equal 'to the vegetation removed. (2753/4/85) (3) Pedestrian trails, observation platforms and other incidental structures shall be designed to reduce disturbance of wildlife and vegetation; examples of improvements so designed would be elevated walkways and viewing platforms, and vegetative and structural barriers to decrease disturbances from permitted uses and inhibit internal access. (2753/4/85) (4) Passive nature study uses shall include a program to control litter; examples include litter containers and "no littering" signs posted in the project area. (2753/4/85) 4/85 i PLANNING - MISCELLANEOUS DISTRICTS `` S. 969.7.6(A)(5) (5) Environmentally-sensitive habitat areas shall be restored and enhanced to lessen the risk of flood damage to adjacent properties. (2753/4/85) (6) Any construction, alteration or other improvement shall generally be carried out between September 15 and April 15 to avoid disturbing rare, threatened, or endangered species which utilize the area for nesting. This requirement shall not apply if it can be demonstrated to the satisfaction of the Director that no such disturbance would ; occur, in which case construction shall be timed to cause the least disturbance to wetland dependent species e.g., migratory waterfowl and shorebirds. (2753/4/85) .(7) Construction/maintenance activities shall be carried out in areas of minimal size. Preconstruction topography shall be restored subsequent to the conclusion of the project unless such topography is to be altered to conform with an approved restoration project. (2753/4/85) (8) 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). (1) Alter existing plant and animal populations in a manner that would impair the long-term stability of the ecosystem; i .e. , natural species diversity, abundance and composition are essentially unchanged as a result of the project; (2753/4/85) (2) harm or destroy a species or habitat that .is rare or endangered; (2753/4/85) (3) harm a species or habitat that is essential to the natural biological function of a wetland or estuary; (2753/4/85) (4) reduce consumptive (e.g., fishing, aquaculture and hunting) or nonconsumptive (e.g., water quality and research opportunity) values .of a wetland or estuarian ecosystem. (2753/4/85) (C) If the proposed project involves restoration of a degraded wetland, the applicant shall comply with California Public-Resources- Code Sections 30411 and 30233 to the satisfaction of the Director. 2753/4/85 S. 9690707 REQUIRED FINDINGS. It is the intent of this section to ensure an environment which is suitable for the self-perpetuation of environmentally sensitive habitat areas. (A) Prior to energy production facilities being approved, the approving authority shall make the following finding with statement of facts: Provision has been made for enhancement of a significant portion of the project area, to ensure preservation of plant and wildlife species. (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. 4/85 Lys huntingt®n beach development services department STAF . --imEPORT m TO: Planning Commission FROM Development Services, DATE: July 15, 1986 SUBJECT: CODE AMENDMENT NO. 86-17 APPLICANT: City of Huntington Beach REQUEST: To repeal existing Articles 969. 5, 969, 965, 969. 81 and 969. 7 and add new Article 941 , "Limited Use/Recreational Open Space Districts, " and new Article 942, "Shoreline/ Water Recreation/Coastal Conservation Districts. " 1 .0 SUGGESTED ACTION: Approve Code Amendment No . 86-17 and recommend adoption by the City Council . 2. 0 GENERAL INFORMATION: This item was continued from the meeting of June 17, 1986. The attached code amendment streamlines provisions in the subject areas listed above. In addition, the articles have been modified to be consistent in format and numbering with the rest of Division 9. 3 . 0 ENVIRONMENTAL STATUS : The proposed project is categorically exempt from the provisions of the California Environmental Quality Act . 4. 0 CONTENT CHANGES: Article 941 • 1 . Consolidates and streamlines provisions for Limited Use District and Recreational Open Space District . 2 . Clarifies that the setback for parking lots (25 feet ) is as stated in ROS and not in Article 960 ( 10 feet ) . 3 . Adds horse stables as a permitted use to be consistent with new Article 967. c-� A-F M-23A Article 942 •. . 1 . Consolidates three related districts into one article as. follows: Section 9420 Shoreline District Section 9421 Water Recreation District Section 9422 Coastal Conservation District 2 . Each list of permitted uses has been alphabetized. ATTACHMENTS• 1 . Draft Ordinance (11 pp. ) 2. Existing Articles 969. 5, 969, 965, 969. 8, and 969. 7. (12 pp. ) JWP:JA:pb ( 5 276d ); , C-3 APPEAL TO THE BOARD OF Z NING ADJUSTMENTS DENIAL OF USE PERMIT NO. 86-6 AND CONDITIONAL EXCEPTION NO. 86-3 (CONTINUED FROM JULY 1 , 1986 PLANNING CO MISSION MEETING) This request is to appeal the oard of Zoning Adjustments denial of the construction of an approx' ately 2,500 square feet drive-thru restaurant and a request to r duce the minimum 27 feet turning radius, minimum 10 feet wide andscape planter width, and the required number of parking sp ces . MOTION MADE BY MIRJAHANGIR, S COND BY ERSKINE, TO CONTINUE, PER APPLICANT' S WRITTEN REQUEST, 0 THE AUGUST 5, 1986 PLANNING COMMISSION MEETING, BY THE FO LOWING VOTE: AYES: Rowe, Schumacher Livengood, Erskine, Porter, Mirjahangir NOES: None ABSENT: Winchell ABSTAIN: None MOTION PASSED C-4 CODE AMENDMENT NO. 86-17 ( CONTINUED FROM MAY 6, 1986 AND JUNE 17, 1986 PLANNING COMMISSION MEETING This request is to repeal existing Articles 969. 5, 969, 965, 969. 8, and 969 .7 and add new Article 941, "Limited Use/Recreational Open Space Districts, " and new Article 942, "Shoreline/ Water Recreation/Coastal Conservation Districts . " This item was continued from the meeting of June 17, 1986 . This code amendment streamlines provisions in the subject areas listed above. In addition, the articles have been modified to be consistent in format and numbering with the rest of Division 9. ENVIRONMENTAL STATUS: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the project and the public hearing was closed. Commissioners discussed 969, Recreational Open Space District. Commissioners wanted (f) "Signs shall conform to Article 976" inserted in the new ordinance. Also, Commissioners discussed Article 969 . 7, "CC" Coastal Conservation District . Commissioners wanted S. 969. 7. 4 "Prohibited Principal Uses and Structures" inserted in the new ordinance. PC Minutes - 7/15/86 -8- ( 5673d) MOTION MADE BY MIRJAHANGIR, SECOND BY SCHUMACHER, TO APPROVE CODE AMENDMENT NO. 86-17, WITH MODIFICATIONS, AND RECOMMEND ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Rowe, Schumacher, Livengood, Erskine, Porter , Mirjahangir NOES: None ABSENT: Winchell ABSTAIN: None MOTION PASSED C-5 AF-FQRDABLE HOUSING POLICIES (CONTINUED FROM MAY 6, 1986 AND JUNE 7, 1986 PLANNING COMMISSION MEETINGS The City of Hun ington Beach has adopted three goals for its h sing program which ar consistent with State and Regional housing policies . These go is are: 1 . The attainment o decent housing within a satisfyin living environment for h seholds of all socioeconomic, cial, and ethnic groups in Hu tington Beach. 2. The provision of a variety of housing opport nities by type, tenure, and cost for ho eholds of all siz s throughout the City. 3. The development of a balanc reside ial environment with access to employment opportunities, community facilities , and adequate services. On June 16, 1986 , the Planning Comm' si held a study session on the draft affordable housing policies . A ublic hearing on the housing policies was held on Jun 17, 1987, after which the Planning Commission took a straw vote o each of the raft policies . - Staff has revised the affor able housing police s to conform with the straw vote taken by t Commission. As the ommission . requested, copies of th revised policies were di tributed to interested parties an their comments requested. e distribution included the Hunting on Beach/Fountain Valley Board f Realtors, Huntington Beach C mber of Commerce, the Huntington each Company, and Richard Harl and Associates . No comments have b en received, to date. THE PUBLIC ARING WAS OPENED Kirk Kir and, President, Fountain Valley/Huntington Beach B and of Realtor , spoke in opposition to Resolution 1354 in the follo ' ng areas, (1 ) He does not believe it is reasonable to expect affo dable units , when they are included in a project, to be of he sa size and mix as the rest of the project . ( 2) He does not wa t a maximum density bonus in the policy limits, and ( 3) he wants equirement for affordable units to be comingled. PC Minutes - 7/15/86 -9- (5673d ) Publish August 7, 1986 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 86-17 LIMITED USE/RECREATIONAL OPEN SPACE/SHORELINE/COASTAL CONSERVATION/WATER RECREATIONAL NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE: Monday, August 18, 1986 TIME: 7:30 P.M. APPLICATION NUMBER: Code Amendment No. 86-17 LOCATION: City wide PROPOSAL: A request to repeal existing Articles 969.5, 969, 965, 969.7 and 969.8 and add new Articles 941 - Lkimited Use=(LU) and'Recreational Open Space (ROS) , 942-Shoreline (SL) , Coastal Conservation (CC) and Water Recreational (WR) ENVIRONMENTAL STATUS: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed ordinance is on file in the Department of Development Services Office. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. All applications, exhibits, and descriptions of this proposal are on file with the Office of the City Clerk, 2000 Main Street, Huntington Beach, California, for inspection by the public. HUNTINGTON BEACH CITY COUNCIL By: Alicia M. Wentworth City Clerk Phone (714) 536-5405 Dated: Auguste5, 1986 t' � ' r Authorized to Publ:sh Advertisements of all ki,._s including public notices by Decree of the Superior Court of 'Orange County. California, Number A-6214, dated 29 September. 1961. and A-24831, dated 11 June, 1963. STATE OF CALIFORNIA County of Orange P,w6c Nohco Ae.eno.V cowed by meameoNt to so in 7 pow dm with le prca corms ee I am a Citizen of the United States and a resident of (/ C the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below PUBLIC NOTICE. entitled matter. I am a principal clerk of the Orange ; NOTICE of j PUBLIC HEARIN12" Coast DAILY PILOT, with which is combined the �ICOOEAMM 0 NEWS-PRESS, a newspaper of general circulation, Limited'Oae/Recrsatlonal Open. Space/Shorellne tinted and published in the City of Costa Mesa, coastal coneerVatlo V p P YWater Recxeatlonal IS HEREBY County of Orange. State of California, and that a GIVEN the the Huntington Notice o4 - - Beach ldie publicommissionh i PUBLIC NOTICE=• r� the Council Chamber at.the Proposed`o dinenoe Is onj Huntington Beach. Civic file In the Department of De- Center, 2000 Main.Street, velopment::Service@;-:2000; Huntington Beach,-Call Mairi: Street;;}�Huntington- fornia,on the date and at the; Beach;California'92648,for of which copy attached hereto is a true and complete time Indicated Wow to re-' Inspection by the public.-, - calve and consider the state- ALL,,JNT RESTED::-PER- copy, was printed and published in the Costa Mesa, ments of all persona who .- SONS are Invited'to,attend wish to be heard relative tol said :hearing and express Newport Beach, Huntington Beach, Fountain Valley, the application..described opinions or submit evidenos below. for or against the application Irvine, the South Coast communities and Laguna DATEITIME.Me�p 19.86 as outlined above. M:there -7:00 PM- are.any.further questions se Beach issues of said newspaper for APPLICATION NUMBER: plea call Jeff Abramowttx, Coda Amendment No.86-17 Assistant Plannor:, at consecutive weeks to wit the issue(s) Of APPLICANT:City,of Hunt- t538-5271 ln9ton Beach:_:,.;•-•:_;:;.:: to Jams _W. Palls; Sec- REQUEST:..To repeal ex :refary. .Huntington Beach 1 Isting Articles 969.5,.969;i l P1mminp Commission - • 965.,969.7,and 969.8, and F Published Orange^Coast add new Articles 941 (LU Daily Pilot April 25 1986. and ROS),942(S1,CC,WRY: F132 198 ENVIRONMENTAL STATUS:The proposed pro Jest Is categorically.exempt=. from:the provisions of the 198 California Environmental `Quality Act.' .. 1. ON FILE A.copy 0-the! 198 , 198 198 I declare, under penalty of perjury, that the foregoing is true and correct: Executed on j , 198 at Costa Mesa, California. Signature