HomeMy WebLinkAboutCode Amendment 86-31 - Ordinance 2888 - Provisions - Coastal Authorized to}Publlsh Advertisements of all kinds 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 Public Notice Advertising covered
by this sithdawt is set in 7 point
with 10 pica column width
I am a Citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the below
entitled matter. I am a principal clerk of the Orange
Coast DAILY PILOT, with which is combined the
NEWS-PRESS, a newspaper of general circulation,
printed and published in the City of Costa Mesa,
County of Orange, State of California, and that a
Notice of PUBLIC HEARING
of which copy attached hereto is a true and complete
copy, was printed and published in the Costa Mesa,
Newport Beach, Huntington Beach, Fountain Valley,
Irvine, the South Coast .communities and Laguna
PUBLIC NOTICE TIME
Beach issues of said newspaper for ONE '
NOTICE OF
7��Ir igi]4 'I 3AdeRWXto wit the issue(s) of I PUBLIC HEARING
PROVISIONS—
COASTAL
CONSERVATION
SUFFIX
November 6 6 NOTICE IS HEREBY
198 GIVEN that the Huntington
Beach City Council will hold
a public hearing in the Coun-
cil Chamber at the Hunt-
ington Beach Civic Center,,
12000 Main Street, Hunt-�
ington Beach,California,on
the date and at the time in-
1 98 dicated below to receive and �^ PUBLIC NOTICE
Iconsider the statements of fall persons who wish to be provisions.of the Californ—ia
heard relative to the appli- Environmental Quality Act,
198 ;cation described below. I ON FILE: City Clerk's of-
DATE: Monday, Novem- fice
bar 17, 1986 1 ALL INTERESTED PER-
TIME:7:30 P.M. (SONS are invited to attend
SUBJECT: Code Amend- said hearing and express
1 96 ;ment No.86-31 opinions or submit evidence
APPLICANT: The City of for or against the application
(Huntington Beach as outlined above.All appli-
LOCATION:N/A cations, exhibits, and de-
PROPOSAL: Amend scriptions of this proposal
I declare, under penalty of perjury, that the Article 942 of the City's Or- are on file with the Office of
Idinance Code to include the City Clerk, 2000 Main
foregoing is true and correct. ,provisions for the Coastal street,'Huntington Beach,
Con.'servation Suffix. California,-for inspection by
E N V I R,O N.M E N T A L the public.
STATUS:The proposed pro- HUNTINGTON BEACH
Nov-ember 6 6 ject is exempt from the CITY COUNCIL, By: Alicia
Executed on , 198 _ ________ M. wamwcrth, Clty Clerk,
Phone:(714)536-5405
at Costa Mesa, Cal' ornia., Published Orange Coast
' 1986 Plot November 6,
Th223 I
Signature
eole
PROOF OF PUBLICATION
REQU > a' FOR CITY COUNCIL ACTION
Date NnyPmhPr 17., 192A
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administrat 17
�
Prepared by: James W. Palin, Director, Development Services 0
Subject: CODE AMENDMENT NO. 86-31
Consistentwith Council Polic ? � Yes New Policy or Exception g)DV
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: �< '
STATEMENT OF ISSUE:
Code Amendment No . 86-31 is a request to amend Article 942 of the
City ' s Ordinance Code to include provisions for the Coastal
Conservation Suffix.
RECOMMENDATION:
Planning Commission and staff recommend approval of Code Amendment
No 86-31. Planning Commission action on October 21, 1986:
A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO APPROVE CODE
AMENDMENT NO. 86-31 , BY THE FOLLOWING VOTE:
AYES: Livengood, Erskine, Pierce, Mirjahangir
NOES : None
ABSENT: Rowe, Winchell , Porter
ABSTAIN: None
Staff recommends that Code Amendment No. 86-31 be approved by
adopting the attached ordinance, which includes provisions for the
Coastal Conservation Suffix and re-numbers Section 9422 . The new
sections are highlighted in the attached draft ordinance.
ANALYSIS:
BACKGROUND:
On June 2, 1986 the City Council adopted Resolution No. 5670-A,
approving Coastal Element Amendment 86-1 and amending the City' s
General Plan. The land use plan was subsequently approved and
certified by the California Coastal Commission on October 8, 1986.
Land use categories included in this plan are: Visitor Serving
Commercial, Conservation, Industrial Energy Production and a new
land use designation, Industrial Energy Production/Conservation.
The new land use category is intended to preserve environmentally
sensitive areas within the coastal zone without precluding future
development of energy production facilities ( e.g. , expansion of the
Edison Electric Power Plant ) as permitted under the California
Coastal Act .
PIO 4/84
All General Plan land use designations must be implemented by an
appropriate zone designation which is contained in Division 9 of the
City's Ordinance Code. No appropriate implementing ordinance
currently exists, however, for the new Industrial Energy
Production/Conservation land use designation. Consequently, staff
drafted the Coastal Conservation Suffix to implement the subject
land use designation.
The suffix can be attached to any existing zone designation.
Attachment of the Coastal Conservation (-CC) suffix to a base zone
establishes that the standards and provisions of the Coastal
Conservation District shall prevail . The -CC suffix allows the
underlying zone to be recognized while designating the land as
Conservation.
A draft copy of Article 942 as amended to include provisions for the
Coastal Conservation Suffix is attached .
ISSUES:
There are no significant issues regarding this code amendment . The
provisions contained within the draft ordinance are in accordance
with all pertinent laws and policies including the California
Coastal Act and the California Environmental Quality Act. Adoption
of the draft ordinance will amend the Ordinance Code only and will
not affect any real property. Implementation of the draft ordinance
will require a zone change. The Coastal Conservation Suffix will
help implement the City' s Certified Coastal Land Use Plan.
COMMENTS AND RESPONSES:
To date, no comments or responses have been received.
FUNDING SOURCE:
Not applicable.
ALTERNATIVE ACTIONS:
1 . Amend the draft ordinance and adopt as amended .
2. Do not adopt any new ordinance . In this case, there will be no
implementing ordinance for the General Plan land use
designation of Industrial Energy Production/Conservation.
ATTACHMENTS:
1 . Draft Ordinance, Article 942
2. Planning Commission minutes dated October 21 , 1986
J W P A�.k1a
RCA - 11/17/86 -2- ( 6584d )
� 1
.-A MOTION WAS MADE BY ERSKINE, SECOND BY MIRJAHANGIR, TO APPROVE,,ZONE
CHANGE NO. 86-25 AND NEGATIVE DECLARATION NO. 86-49. WITH CHANGES TO
THE�.CRDINANCE, BY THE FOLLOWING VOTE:
AYES: , Livengood, Erskine, Pierce, Mirjahangir
NOES: None
ABSENT: Rowe;,Winchell , Porter
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - ZONE�CHANGE NO./86-25/NEGATIVE DECLARATION
NO. 86-4
1 . The proposed zone change�to,1R3-,4s consistent with the General
Plan Land Use Designation of High Density Residential .
2. The proposed zone ch�e to R3 will emscompatible with adjacent
properties upon approval of a use permit for 61 apartment units.
3. The capacities 0 the City and County water, sewer , and storm
drain system are adequate .or will be adequate"--to accommodate
the proposed increase in density as well as all other planned
land use's the area . '
4. The rzo o e�p p s d increase in density will not have a signifrcant
a dverse impact on traffic volumes and road capacities , sc'i�ool
/enrollments , and recreational resources .
�5. The character of the surrounding area is not adversely impacte d
nor the overall intent of the general plan sacrificed.
C-11 CODE AMENDMENT NO. 86-31
APPLICANT: .CITY OF HUNTINGTON BEACH
The purpose of the Coastal Conservation Suffix is to protect
environmentally sensitive areas within the City' s Coastal Zone
without precluding uses or development which may be permitted under
the California Coastal Act . The Coastal Conservation Suffix may be
attached to any zone district within the coastal zone with the
result that the provisions of the Coastal Conservation District in
Article 942 of the City's Ordinance Code shall prevail over the base
zone whereto the suffix is attached.
ENVIRONMENTAL STATUS:
The proposed project is exempt from the provisions of the California
Environmental Quality Act .
PC Minutes - 10/21/86 -29- ( 6522d )
COASTAL STATUS:
This code amendment will implement the City's Certified Coastal Land
Use Plan.
A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO APPROVE CODE
AMENDMENT NO. 86-31 , WITH FINDINGS, BY THE FOLLOWING VOTE:
AYES: Livengood, Erskine, Pierce, Mirjahangir
NOES: None
ABSENT: Rowe, Winchell , Porter
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL:
1 . Establishment of the Coastal Conservation Suffix appropriately
provides for implementation of the approved land use designation
Industrial Energy Production/Conservation .
2. The intent of the Coastal Conservation Suffix is in accordance
with the California Coastal Act.
PC Minutes - 10/21/86 -30- ( 6522d )
CODE AMENDMENT 86-31
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
AMENDING ARTICLE 942, "COASTAL CONSERVATION
DISTRICT, " TO INCLUDE THE SUFFIX -CC
The City council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The Huntington Beach Ordinance Code is hereby
amended by amending Article 942 to read as follows :
9422 General provisions--Coastal conservation district .
The Purpose ot the—coastal conservation district is to
implement the general plan land use designation of open space
conservation, and provide for protection, maintenance,
restoration and enhancement of wetlands and environmentally
sensitive habitat areas located within the coastal zone while
permitting appropriate land uses.
9422 . 1 Definitions. The following words and phrases shall
be construed as defined herein unless the context clearly
indicates otherwise:
( a) Energy facility shall mean any publi.c or private
processing, producing, generating, storing, transmitting, or
recovering facility for electricity, natural gas, petroleum,
coal, or other source of energy.
(b) Environmentalllr_sensitive (habitat) area shall mean 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 shall mean 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 shall mean the ability of an
environmentally sensitive area to be self-sustaining and to
maintain natural species diversity.
( e) Significant disruption_ shall :mean having a
1 .
substantial adverse effect upon the functional capacity.
( f) Wetland shall mean lands within the coastal zone which
may be covered periodically or permanently with shallow water
and include salt-water marshes, swamps, mudflats and fens.
9422 . 2 Coastal conservation suffix, (--CC) . There is
hereby established the suffix, --CC, to be appended to any base
district to denote and protect environmentally-sensitive
areas. Such suffix shall take precedence over any other
district designation.
9422. 3 Coastal conservation suffix--Removal of. Prior to
_- s ix
removal o -the coastal conservation suffix _(--CCU, the
following findings shall be made :
New with
That the underlying district designation is consistent
with the coastal element of the general plan of the city of
6ec4 vis Huntington Beach;
(b) That the proposed removal of the suffix is in
accordance with the policies, standards and provisions of the
California Coastal Act; and
( c) That there is no feasible, less environmentally
damaging alternative site for any proposed land use or
development which may be allowed under California Public
Resources Code sections 30233 (a) ( 1) .and 30264. -
9422. 4 Uses generally. the uses set out in this article
shall only .be allowed where there is no feasible, less
environmentally-damaging alternative and where practical
mitigation measures have been provided.
9422 . 5 Use hermit required. The following uses si.all be
permitted in the coastal conservation district upon approval of
a use permit by the board of zoning adjustments :
( a) Incidental public service projects such as, but no
limited to, burying cables and pipes.
(b) Maintenance of existing streets and utility structures .
9422. 6 Conditional use permit required. The following
uses may be permitted upon approval of a conditional use permit
by the planning commission:
(a) New or expanded energy and coastal-dependent
industrial facilities .
(b) Diking, dredging and filling necessary for the
2.
protection, maintenance, restoration or enhancement of the
area ' s functional capacity as a habitat.
(c) Provision for existing flood control facilities where
the primary purpose is to maintain existing capacity, necessary
for public safety or to protect existing development in the
flood plain. No maintenance activities shall be permitted
whigh have the effect of draining wetlands. Such maintenance
activities may include maintenance dredging of less than
100, 000 cubic yards in a twelve-mont.-, period; lining, in-place
artificial channels; increasing the height of levees; changes
in the cross section of the interior channel to accommodate the
design capacity of channels when no widening of the top
dimensions or widening of the outer levee is required.
(d) New flood control facilities in conjunction with plans
where necessary for public safety and to protect existing
development in the flood plain.
( e) Mineral extraction, including sand for beach
restoration except in environmentally-sensitive areas .
( f) Pedestrian trails and observation platforms for
passive nature study, including bird watching and the study of
flora and fauna. Such uses may be located within an
environmentally-sensitive habitat area provided that they are
immediately adjacent to the area ' s peripheral edge.
(g) Maintenance of existing, or restoration of previouswly
dredged depths of navigational channels, turning i)asins, vessel
berthing and mooring areas, and boat-launching ramps.
(h) Entrance channels for new or expanded boating
facilities in a wetland area may be permitted . In a degraded
wetland (, identified by the state department of fish and game
pursuant to California Public_Resources Code section 30411(b) ,
such facilities may be permitted if a substantial Portion of
the degraded wetland is restored and maintained as a
biologically productive wetland. The maximum area of the
wetland used for boating facilities, including berthing space,
turning basins, necessary navigation channels, and any
necessary support service facilities, shall be 25 percent of
the total degraded wetland area.
( i ) Nature study, aquaculture, or similar
resource-dependent activities.
9422 . 7 Prohibited uses . Any use or structure not
expressly permitted shall be prohibited .
9422. 8 Required permits and agreements. Before any
3.
application is accepted for processing, proof shall be provided
that the necessary state and federal regulatory permits or
agreements have been obtained, or a statement from the
regulatory body that such permits are not required has been
submitted:
(a) United States Army Corps of Engineers: S. 404 and
S . 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 operation) ; or
(e) California state lands commission permit.
9422 . 9 Development standards--Mitigation measures . Before
any application is accepted for processing, the applicant shall
meet the following Stan(lards the standards of this article, and
shall incorporate into .the project design mitigation measures
which will moderate adverse environmental effects .
9422. 10 Mitigation measures--Dredging. If the project
involves any dredging, mitigation measures shall include the
following :
(a ) Dredging and spoils disposal shall be planned and
carried out to avoid significant disruption to wetland habitats
and to waster circulation.
(b) 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.
(c) Dredge spoils suitable for beach replenishment shall,
where feasible, be transported to appropriate beaches or into
suitable longshore current systems .
(d) Ot•fier mitigation measures may include opening up areas
to tidal action, removing dikes , improving tidal flushing, or
other restoration measures .
9422 .11 Mitigation measures--Diking or filling. 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
4.
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.
(a) 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 proceeds
(b) 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 opened to tidal action or provided with other sources of
surface water.
( c) If no appropriate restoration sites under options
contained in this article 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 anc restoration of an area of equivalent productive
value, or equivalent surface area . This option shall be
allowed only if the applicant is unable to find a willing
seller of a potential restoration site. Since the public
agency may also face difficulties in acquiring appropriate
sites, the in-lieu fee shall reflect the additional costs of
acquisition, including litigation and attorney ' s fees, as well
as the cost of restoration, relocation and other costs . If the
public agency ' s restoration project is not already approved by
the Coastal Commission, the public agency may need to be a
co-applicant for a coastal development permit to provide
adequate assurance that conditions can be imposed to assure
that the purchase of the mitigation site shall occur prior to
the issuance of the permit . In addition, such restoration
shall occur in the same general region ( e.g. , within the same
stream, lake, or estuary where the fill occurred.
9422.12 Iitigation measures--Vegetation. 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.
9422.13 Plitigation measures--Reduction of disturbances .
Pedestrian trails, observation platforms and other incidental
structures shall be designed to reduce disturbance of wildlife
and vegetation. Examples of improvements to effect such
5.
reduction would be elevated walkways and viewing Platforms, and
vegetative and structural barriers to lessen disturbances from
permitted uses and inhibit internal access .
9422 . 14 Mitigation measures--Litter control. Passive
nature study uses shall include a program to control litter
such as placement of an adequate number of containers and
posted signs .
9422 . 15 Litigation measures--Flood control .
Environmentally-sensitive habitat areas shall be restored and
augmented to lessen the risk of flood damage to adjacent
properties .
9422 . 16 Mitigation measures--Construction and
improvements . 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, such as
migratory waterfowl and shorebirds.
Construction or maintenance activities shall be carried out
in areas of minimal size. The site shall be restored to its
original state prior to completion of the project unless such
site is to be altere4 to conform with an approved restoration
project.
9422. 17 Mitigation measures--Duty of applicant. The
applicant shall demonstrate that the functional capacity is
maintained or augmented unless relieved of any one or more of
these requirements by the California department of fish and
came, and it is also shown that the project will not
significantly:
(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.
(b) Harm or destroy a species or habitat that is rare
or endangered.
(c ) Harm a species or habitat that is essential to the
natural biological function of a wetland or estuary.
(d) Reduce consumptive ( fishing, aruaculture and hunting)
6.
or nonconsumptive (water quality and research opportunity)
values of a wetland or estuarian ecosystem.
9422.18 -Degraded wetland restoration. If the proposed
project involves restoration of a egra ed wetland, the
applicant shall comply with California Public Resources Code
sections 30411 and 30233 to the satisfaction of the director .
9422 . 19 Findings--Environmentally-sensitive habitats . The
purpose of this section is to ensure an environment which is
suitable for the self-perpetuation of environmentally-sensitive
habitat areas . Prior to approval of energy production
facilities, the decision-making authority shall make a finding
with a statement of fact that:
(a) Provision has been made for the enhancement of a
significant portion of the project area to ensure preservation
of plant and wildlife species .
(b) For all other projects, a finding shall be made that
the functional capacity of the environmentally-sensitive
habitat area is maintained.
SECTION 2 . This ordinance shall take effect thirty days
after adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
day of 1986.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of Development
Services
RCS:ahb
0054n/10/17/86
7.
,r NOTICE OF PUBLIC HEARING
(PROVISIONS - COASTAL CONSERVATION SUFFIX)
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, November 17 , 1986
TIME; 7 : 30 PM
SUBJECT: Code Amendment No. 86-31
APPLICANT: The City of Huntington Beach
LOCATION: N/A
PROPOSAL: Amend Article 942 of the City's Ordinance Code to
include provisions for the Coastal Conservation Suffix
ENVIRONMENTAL STATUS: The proposed project is exempt from the
provisions of the California Environmental
Quality Act .
ON FILE : City Clerk ' s 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
( 6581d) r�