Huntington Beach City Zoning Code
Title 22
Zoning Code-Overlay Districts
§ 220.02 Oil Production Overlay Districts Established.
§ 220.04 Zoning Map Designator and Applicability.
The zoning map shall show all property affected by adding an "-O" or "-O1" to the base district designator. The provisions in this chapter shall apply in addition to the requirements of any district with which the O or O1 District is combined. Where conflicts arise, the provisions of this chapter shall govern.
§ 220.06 Area Requirements.
A.
O District. The minimum area required to establish an O District is 1,500 square feet, with a minimum width of 25 feet and a minimum length of 60 feet.
B.
O1 District. The minimum area required to establish an O1 District is 15,000 square feet, with a minimum width of 100 feet and a minimum length of 150 feet.
§ 220.08 Reuse Plan Required.
No land division or development shall occur on land subject to an O or O1 Overlay District unless it is in accord with a plan for the disposition or treatment of any existing or proposed oil wells or oil operations within the district that has been approved in writing by the oil operator or lessee and approved by the Director, Zoning Administrator or Planning Commission in accord with Section 220.10.
The subdivider or developer shall send the plan by certified mail to the oil operator or lessee for review, comment and approval. Upon receipt of the oil operator's or lessee's approval and/or comments, the subdivider or developer shall submit the plan and the approval and/or comments to the Director and Fire Chief.
A.
If the oil operator or lessee has approved the plan, the Fire Chief may recommend the Director approve the plan upon finding it conforms to all applicable provisions of the Municipal Code.
B.
If the oil operator or lessee does not approve the plan, and if the Director and Fire Chief find the plan in compliance with the Municipal Code, then the plan and any comments of the oil operator or lessee shall be transmitted to the Director. The Director shall forward the plan and comments to the Zoning Administrator or Planning Commission for review in conjunction with the entitlement proceedings, if required. The oil operator or lessee shall be notified by certified mail at least seven days prior to the review.
Failure to submit and obtain approval of a reuse plan shall be grounds for disapproval of the proposed subdivision, division of land or development. |
§ 220.10 Criteria for Approval of a Reuse Plan.
The Director, Zoning Administrator or Planning Commission may approve the plan only upon finding that:
A.
Open space has been reserved around the oil operation site to allow for all existing and future equipment which could reasonably be expected to be used on the site, including any setbacks from new development required by the Fire Chief;
B.
Access from a public street or alley to all operation sites is provided for portable equipment and emergency vehicles;
C.
Expansion of the existing facilities, if permitted in the O District, can be accomplished;
D.
Any proposed development includes all provisions for soundproofing and fire protection required by the Fire Chief;
E.
Screening of oil facilities from any new development are included in the reuse plan;
F.
If located in the coastal zone, the reuse plan is consistent with the certified Local Coastal Program.
(3334-6/97)
§ 220.12 Site Compliance.
No subdivision or development shall occur on property designated O or O1 unless said property is in compliance with Title 15, the Uniform Fire Code, and any other applicable federal, state, county or local rules or regulations, and approved by the Fire Chief. Site compliance includes, but is not limited to oil well abandonment and contaminated soil remediation.
§ 220.14 Land Use Controls and Development Standards.
The land use controls and development standards applicable in an O or O1 District shall be as prescribed by the base zoning district within which it is combined, unless modified by another overlay district and by the following restrictions:
§ 220.16 Portable Equipment Required.
No person or persons shall use or cause to be used any equipment in an O District for drilling, redrilling, rework, well servicing or repair except portable equipment or such other equipment as may be approved by the Fire Department. No person or persons using such equipment or causing such equipment to be so used, shall maintain or store said equipment in an O District upon completion of the work for which such equipment was used.
§ 220.18 Application for Designation.
Any person requesting that an O District be established on a property shall submit the following information to the Director:
A.
Complete legal description of the property.
B.
Plot plan showing the location of all existing and proposed oil facilities including, but not limited to, wells, tanks, dikes, pipelines, heaters, and storage sheds. The plan shall also show the location of accessways from any well to a public street or alley.
C.
The location of the nearest public road, street, or alley, and occupied residence or commercial structure and places of public assembly within 500 feet of each well.
§ 220.20 O1 District Dedication Requirements.
Prior to issuance of a drilling permit for a new well located on any O1 parcel abutting a public street, alley or highway, all real property shall be dedicated or an irrevocable offer of dedication made of such real property which the City requires for streets and alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, all streets and alleys shall be improved, or an agreement entered into for such improvements, including curbs, gutters, sidewalks, paving, street trees, street lights, and street drainage in full compliance with the City's standards.
§ 220.22 Waiver or Reduction of Dedication Requirements.
An oil operator may apply for a waiver or reduction of dedication and improvement requirements when applying for a conditional use permit for drilling, and any such waiver or reduction, when granted, shall apply only to the well or wells specified in the application.
§ 220.24 Criteria for Modification or Reduction of Dedication Requirements.
The Director shall approve, conditionally approve, or deny upon consent of Fire Chief and Director of Public Works the request for a waiver or reduction of dedication requirements after considering the following factors:
A.
Estimated period of time that the proposed new well(s) and related facilities will be in operation;
B.
Degree of intensity of development of surrounding area;
C.
Effect of the proposed well on vehicular traffic in the vicinity of the site; and
D.
Extent of the proposed oil well operation.
(3709-6/05)
§ 221.02 Coastal Zone Overlay District Established.
The purpose of the CZ Coastal Zone Overlay District is to provide supplementary provisions and specify permitted uses within the City's coastal zone, consistent with the California Coastal Act of 1976 (Division 20 of the Public Resources Code), the General Plan, and the Local Coastal Program Land Use Plan.
(3334-6/97)
§ 221.04 Zoning Map Designator.
The Zoning Map shall show all property subject to the provisions of this chapter by adding a "-CZ" designator to the base district designator.
§ 221.06 Requirements for Coastal Development Permit.
Any development in a CZ Overlay District shall require a Coastal Development Permit issued pursuant to Chapter 245 unless the development is exempt.
§ 221.07 Impermissible Alteration.
Any area that constitutes wetlands or ESHA that has been removed, altered, filled or degraded as a result of activities carried out without compliance with the California Coastal Act requirements shall be protected as required by the City's Local Coastal Program Land Use Plan.
(3834-7/09)
§ 221.08 Land Use Controls.
The land use controls for the CZ Overlay District shall be those of the base district with which the CZ Overlay District is combined. Where conflicts arise, the provisions of this chapter shall govern.
§ 221.10 Requirements for New Development Adjacent to Resource Protection Area.
As a condition of new development adjacent to a resource protection area, which includes any wetland, environmentally sensitive habitat area (ESHA), associated buffers, land zoned coastal conservation, as the same are defined in the City's Local Coastal Program, an applicant shall comply with the requirements listed below. These requirements shall be applicable to all lots within new subdivisions as well as development proposed on existing lots within and/or adjacent to resource protection areas.
A.
Landscape Plan shall be prepared that prohibits the planting, naturalization or persistence of invasive plants, and encourages low-water-use plants, and plants primarily native to coastal Orange County of local stock.
B.
Domestic Animal Control Plan shall be prepared that details methods to be used to prevent pets from entering any resource protection areas, including, but not limited to appropriate fencing and barrier plantings.
C.
Pest Management Plan shall be prepared that, at a minimum, prohibits the use of rodenticides, and restricts the use of pesticides, and herbicides in outdoor areas, except necessary vector control conducted by the City or county.
D.
Street lighting, exterior residential lighting and recreational lighting adjacent to resource protection areas shall not significantly disrupt habitat values within the resource protection areas.
E.
Covenants, conditions and restriction (CC&Rs) in a form approved by the Office of the City Attorney shall be recorded specifying that the requirements and restrictions of this section apply. The CC&Rs shall be binding on each of the lots, shall run with the land affected by the subdivision and shall be included or incorporated by reference in every deed transferring one or more of the lots in the subdivision.
F.
The project applicant shall provide any buyer of a housing unit within the CZ Overlay District an information packet that explains the sensitivity of the natural habitats within or adjacent to the project site and the need to minimize impacts on the designated resource protection area(s), and the prohibition on landscaping that includes exotic invasive plant species. The information packet shall include a copy of the domestic animal control plan and pest management plan and be required for all sales of housing units pursuant to the CC&Rs.
G.
Protective fencing or barriers shall be installed and maintained between the resource protection areas and areas developed for homes or recreational use for the purpose of minimizing human and domestic animal presence in resource protection areas, including restored and preserved wetland and ESHA buffer areas; however, public access to designated passive recreational use areas shall be provided. Visual impacts created from any walls or barriers adjacent to open space conservation and passive recreational use areas shall be minimized through measures such as open fencing/wall design, landscape screening, use of undulating or off-set wall features, etc.
H.
Walls, fences, gates and boundary treatments shall use wood, wrought iron, frosted or partially-frosted glass or other visually permeable barriers that are designed to prevent creation of a bird strike hazard. Clear glass or plexiglass shall not be installed unless appliqués (e.g. stickers/decals) designed to reduce bird-strikes by reducing reflectivity and transparency are also used.
I.
Uses allowed adjacent to designated wetlands and environmentally sensitive habitat areas shall ensure the continuance of the habitat value and function of preserved and restored wetlands and ESHA.
(3834-7/09, 3903-12/10 (certified by California Coastal Commission 12/10))
§ 221.12 Coastal Access and Public Use Areas-Signs Required.
As a condition of new development on lots on or adjacent to recreation areas, public accessways, public use areas, trails, bikeways or the shoreline, or in conjunction with dedications of lateral or vertical access, the applicant shall provide signs identifying the public access and public use areas.
§ 221.14 Preservation of Visual Resources.
A.
An applicant proposing new development shall provide the Director with an evaluation of the project's visual impact, and incorporate in its design, to the satisfaction of the Director, the following elements:
B.
Any alteration of the natural landform of the bluffs seaward of Pacific Coast Highway including grading and the development of parking lots shall be prohibited.
C.
Alterations necessary for development of public trails and stabilization of bluffs may be permitted subject to approval of a Coastal Development Permit.
(3334-6/97)
§ 221.16 Community Facilities.
Prior to the issuance of a Coastal Development Permit, the Director shall determine that adequate public services and facilities will be available to serve the proposed development, consistent with the General Plan.
§ 221.17 Phasing.
The provision of public access and recreation benefits associated with private development (such as but not limited to public accessways, public bike paths, habitat restoration and enhancement, etc.) shall be phased such that the public benefit(s) are in place prior to or concurrent with the private development but not later than occupation of any of the private development.
(3834-7/09)
§ 221.18 Diking, Dredging, and Filling.
Diking, dredging or filling shall be permitted only where there is no feasible, less environmentally-damaging alternative and where feasible mitigation measures have been provided, consistent with the Coastal Conservation District in Chapter 216.
(3334-6/97)
§ 221.20 Hazards.
As a condition of new development, the applicant shall be required to submit a report evaluating geologic, seismic, flood and fire hazards, and shall be designed to:
A.
Comply with all recommendations and provisions contained in the Alquist-Priolo Special Studies Zones Act (California Public Resources Code Chapter 7.5) for identified seismic hazards.
B.
Comply with all provisions relating to the FP Floodplain Overlay District, if applicable.
D.
Development in Subarea 4K as depicted in Figures C-6a, and C-10 of the Coastal Element Land Use Plan, shall comply with the approved Hazard Mitigation and Flood Protection Plan required in Table C-2 of the Coastal Element Land Use Plan.
(3834-7/09)
§ 221.22 Buffer Requirements.
As a condition of development adjacent to environmentally sensitive habitats delineated in the General Plan and, for development in the coastal zone, environmentally sensitive habitats identified in the Local Coastal Program, a minimum 100-foot buffer from the edge of the habitat as determined by a site specific biological assessment area shall be provided. In the case of substantial development or significantly increased human impacts, a wider buffer may be required in accordance with an analysis of the factors identified in subsections A through C of this section. If the existing development or site configuration cannot accommodate a 100-foot buffer, then the buffer shall be reviewed by the California Department of Fish and Game and designed to:
A.
Protect the functional relationship between wetland and adjacent upland;
B.
Ensure that the most sensitive species will not be disturbed significantly by permitted development, based on habitat requirements of both resident and migratory species, and the short-and long-term adaptability of various species to the presence of human beings; and
C.
Allow for interception of any additional material eroded as a result of the proposed development, based on soil, vegetation, slope and runoff characteristics, and impervious surface coverage.
§ 221.24 Energy Facilities.
New, modified or expanded energy facilities shall comply with the following requirements:
A.
Oil extraction operations shall be located where there are no other feasible, less environmentally-damaging locations based on the following priority, with the first location being the most preferable.
B.
New pipelines shall be underground and:
1.
Be consolidated in existing pipeline corridors and shall avoid recreation areas and environmentally sensitive habitat areas unless there is no feasible, less environmentally damaging, alternative location;
2.
Incorporate automatic shutoff valves to isolate any segments carrying hazardous liquids;
3.
Be constructed with erosion control measures and without the use of any chemical herbicides;
4.
Shall mitigate to the maximum extent feasible adverse environmental impacts; and
5.
Shall not jeopardize public health, safety or welfare.
(3334-6/97)
§ 221.26 Residential Density Limitations.
The density limitations of the base district shall apply to property subject to a CZ Overlay District.
§ 221.28 Maximum Height.
A.
The maximum height limits within the CZ Overlay District are 35 feet for a residential structure and 50 feet for a commercial structure, or the base district height limit, whichever is lower.
§ 221.30 Off-Street Parking Requirements.
All development shall comply with the off-street parking requirements of Chapter 231.
(3334-6/97)
§ 221.32 Landscaping.
§ 221.34 Signs.
All signs shall comply with Chapter 233.
§ 221.36 Public Access Implementation.
A.
Purpose. The purpose of this section includes the following:
1.
To achieve the basic state goals of maximizing public access to the coast and public recreational opportunities, as set forth in the California Coastal Act codified at Section 30000 through 30900 of the California Public Resources Code. Section 30001.5(c) states that public access both to and along the shoreline shall be maximized consistent with sound resource conservation principles and constitutionally protected rights of private property owners;
2.
To implement the public access and recreation policies of Chapter 3 of the Coastal Act (Sections 30210 through 30255); and
3.
To implement the certified land use plan of the Local Coastal Program which is required by Section 30500(a) of the Coastal Act to include a specific public access component to ensure that maximum public access to the coast and public recreation areas is provided.
4.
In achieving these purposes, this chapter shall be given the most liberal construction possible so that public access to the navigable waters shall always be provided and protected consistent with the goals, objectives and policies of the California Coastal Act and Article X, Section 4, of the California Constitution.
B. Development. New Development.a. b. c. d. e. Sea. Types of Public Access and Recreation.a. b. c. d. e. Character of Accessway Use.a. b. c.
Definitions. The following definitions shall govern the implementation of the public access requirements of the Coastal Act and this public access ordinance.
The placement or erection of any solid material or structure on land, in or under water; discharge or disposal of any materials; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to Section 66410 of the Government Code, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; and change in the intensity of use of water, or access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation.
As used in this section "structure" includes but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.
For purposes of implementing the public access requirements of Public Resources Code Section 30212 and of this section, "new development" includes "development" as defined in paragraph 1 of this subsection except the following:
Structures Destroyed by Natural Disaster.
The replacement of any structure, other than a public works facility, destroyed by a disaster; provided that the replacement structure conforms to applicable existing zoning requirements, is for the same use as the destroyed structure, does not exceed either the floor area, height, or bulk of the destroyed structure by more than 10%, and is sited in the same location on the affected property as the destroyed structure. As used in this section, "disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of the owners.
Demolition and Reconstruction.
The demolition and reconstruction of a single-family residence; provided that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than 10%, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure.
Improvements.
Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height or bulk of the structure by more than 10%, which do not block or impede access, and which do not result in a seaward encroachment by the structure.
Repair and Maintenance.
Repair and maintenance activity which, pursuant to Public Resources Code Section 30610, requires no permit unless the activity will have an adverse impact on lateral public access along the beach.
Reconstruction and Repair.
The reconstruction or repair of any seawall; provided that the reconstructed or repaired seawall is not seaward of the location of the former structure. As used in this section, "reconstruction or repair" of a seawall shall not include replacement by a different type of structure or other modification in design or construction which results in different or greater impacts to shoreline resources than those of the existing structure.
The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks and flood control and drainage channels.
Lateral public access provides public access and use along or parallel to the sea.
Blufftop access provides public access and coastal viewing along a coastal blufftop area.
Vertical access provides a public access connection between the first public road, trail, or public use area nearest the sea and the publicly owned tidelands or established access.
Trail access provides public access along a coastal recreational path, including to and along lakes, rivers, streams, freshwater marshes, flood control channels/features, significant habitat and open space areas or similar resource areas, and which also may link inland recreational facilities to the shoreline.
Recreational access provides public access to coastal recreational resources through means other than those listed above, including but not limited to parking facilities, viewing platforms and blufftop parks.
Pass and repass refers to the right of the public to walk and run along an accessway. Because this use limitation can substantially restrict the public's ability to enjoy adjacent publicly owned tidelands by restricting the potential use of lateral accessways, it will be applied only in connection with vertical access or other types of access where the findings required by subsections O and R of this section establish that the limitation is necessary to protect natural habitat values, topographic features (such as eroding bluffs), or privacy of the landowner.
Passive recreational use refers to the right of the public to conduct activities normally associated with beach use, such as walking, swimming, jogging, sunbathing, fishing, surfing, picnicking, but not including organized sports, campfires, or vehicular access other than for emergencies or maintenance.
Active recreational use refers to the right of the public to conduct the full range of beach-oriented activities, not including horseback riding and use of motorized vehicles unless specifically authorized.
C.
Access Required. As a condition of approval and prior to issuance of a permit or other authorization for any new development identified in paragraphs 1 through 4 of this subsection, except as provided in subsection D of this section, an offer to dedicate an easement or other legal mechanism pursuant to paragraph (M)(2) of this section for one or more of the types of access identified in subsections E through H of this section shall be required and shall be supported by findings required by subsections O through Q of this section; provided that no such condition of approval for coastal access shall be imposed if the analysis required by paragraphs (O)(1) and (2) establishes that the development will not adversely affect, either individually or cumulatively, the ability of the public to reach and use public tidelands and coastal resources or that the access dedication requirement will not alleviate the access burdens identified or is not reasonably related to those burdens in both nature and extent.
1.
New development on any parcel or location where public access is identified in the land use plan as desirable.
2.
New development between the nearest public roadway and the sea.
3.
New development on any site where there is substantial evidence of a public right of access to the sea acquired through use or a public right of access through legislative authorization.
4.
New development on any site where a trail, blufftop access or other recreational access is necessary to mitigate impacts of the development on public access.
D.
E.
Lateral Public Access—Minimum Requirements.
1.
A condition to require lateral access as a condition of approval of a Coastal Development Permit (or other authorization to proceed with development) pursuant to subsection C of this section shall provide the public with the permanent right of lateral public access and passive recreational use along the shoreline (or public recreational area, bikeway, or blufftop area, as applicable); provided that in some cases controls on the time, place and manner of uses may be justified by site characteristics including sensitive habitat values or fragile topographic features, or by the need to protect the privacy of residential development.
2.
Active recreational use may be appropriate in many cases where the development is determined to be especially burdensome on public access. Examples include cases where the burdens of the proposed project would severely impact public recreational use of the shoreline, where the proposed development is not one of the priority uses specified in Public Resources Code Section 30222, where active recreational uses reflect the historic public use of the site, where active recreational uses would be consistent with the use of the proposed project, and where such uses would not significantly interfere with the privacy of the landowner. In determining the appropriate character of public use, findings shall be made on the specific factors enumerated in subsection P of this section. Lateral access shall be legally described as required in subsection J of this section.
F.
Vertical Public Access—Minimum Requirements.
1.
A condition to require vertical public access as a condition of approval of a Coastal Development Permit (or other authorization to proceed with development) pursuant to subsection C of this section shall provide the public with the permanent right of access: (a) located in specific locations identified in the certified Local Coastal Program for future vertical access, or (b) located in a site for which the local government has reviewed an application for a development permit and has determined a vertical accessway is required pursuant to the access and recreation policies of the Coastal Act or the applicable provisions of the Local Coastal Program.
2.
A condition to require vertical access as a condition of approval of a Coastal Development Permit (or other authorization to proceed with development) shall provide the public with the permanent right of vertical access and be limited to the public right of passive recreational use unless another character of use is specified as a condition of the development. In determining whether another character of use is appropriate, findings shall be made on the specific factors identified in subsection P of this section.
3.
Each vertical accessway shall extend from the road to the shoreline (or bluff edge) and shall be legally described as required in subsection J of this section. The access easement shall be a minimum of 10 feet wide. If a residential structure is proposed, the accessway should not be sited closer than 10 feet to the structure.
G.
Blufftop Access—Minimum Requirements.
1.
A condition to require public access along a blufftop as a condition of approval of a Coastal Development Permit (or other authorization to proceed with development) pursuant to subsection C of this section shall provide the public with the permanent right of scenic and visual access from the blufftop to the public tidelands.
2.
The blufftop access shall be limited to passive recreational use and coastal viewing purposes unless another character of use is specified as a condition of development. In determining the appropriate character of use findings shall be made on the specific factors identified in subsection P of this section.
3.
Each blufftop accessway shall be described in the conditions of approval of the Coastal Development Permit as an area beginning at the current bluff edge extending 25 feet inland. However, the accessway shall not extend any closer than 10 feet from an occupied residential structure. Due to the potential for erosion of the bluff edge, the condition shall include a mechanism that will cause the accessway to be adjusted inland as the edge recedes. Any permanent improvements should be set back from the accessway by a distance derived by multiplying the annual rate of blufftop retreat by the life expectancy in years of the improvements.
4.
The accessway shall be legally described as required in subsection J of this section, with the furthest inland extent of the area possible referenced as a distance from a fixed monument in the following manner:
"Such easement shall be ______ feet wide located along the blufftop as measured inland from the daily bluff edge. As the daily blufftop edge may vary and move inland, the location of this right-of-way will change over time with the then current bluff edge, but in no case shall it extend any closer than _______ feet from _______ (a fixed inland point, such as the centerline of a public road or other easement monument)."
H.
Trail Access—Minimum Requirements. A condition to require public access as a condition of approval of a Coastal Development Permit (or other authorization to proceed with development) pursuant to subsection C of this section shall provide the public with the permanent right of access and active recreational use (1) along a designated alignment of a coastal recreational path or trail in specific locations identified in the Local Coastal Program (LCP) for implementation of trail access; or (2) in locations where it has been determined that a trail access is required to link recreational areas to the shoreline or provide alternative recreation and access opportunities pursuant to the access and recreation policies of the LCP and Coastal Act, consistent with other provisions of this chapter. In determining if another character of use is appropriate, findings shall be made on the specific factors enumerated in subsection P of this section. The trail access shall be legally described as required by subsection J of this section.
I.
Protection of Historic Public Use.
1.
Siting and Design Requirements. Development shall be sited and designed in a manner which does not interfere with or diminish any public right of access which may have been established based on historic public use. Only when site constraints are so severe that siting of the accessway or recreational use area in its historic location would significantly impair the proposed development and alternative development siting is not feasible, development may be sited in the area of public right of access based on historic use provided that the applicant provides an equivalent area of public access or recreation to and along the same destination and including the same type and intensity of public use as previously existed on the site. Mechanisms for guaranteeing the continued public use of the area or equivalent area shall be required in accordance with subsections E through H of this section.
2.
Minimum Requirements. An access condition shall not serve to extinguish or waive public prescriptive rights. In permits where evidence shows the possibility of such prescriptive rights, the following language shall be added to the access condition: "Nothing in this condition shall be construed to constitute a waiver of any prescriptive rights which may exist on the parcel itself or on the designated easement."
J.
Legal Description of an Accessway—Recordation.
1.
An access dedication required pursuant to subsection C of this section shall be described in the condition of approval of the permit or other authorization for development in a manner that provides the public, the property owner, and the accepting agency with the maximum amount of certainty as to the location of the accessway. As part of the condition of approval, easements shall be described as follows:
a.
For lateral access: along the entire width of the property from the mean high tide line to (as applicable) the toe of the bluff, the toe of the seawall, or other appropriate boundary such as stringline or dripline;
b.
For blufftop access or trail access: extending inland from the bluff edge or along the alignment of a recreational trail;
2.
Prior to the issuance of the Coastal Development Permit or other authorization for development, the landowner shall execute and record a document in a form and content acceptable to the Coastal Commission [or local agency authorized pursuant to 14 California Administrative Code Section 13574(b)], consistent with provisions of the Coastal Development Permit ordinance, irrevocably offering to dedicate to a public agency or private association approved by the Coastal Commission [or local agency authorized by the Commission pursuant to 14 California Administrative Code Section 13574(b)] an easement for a specific type of access and a specific character of use as applicable to the particular condition.
3.
The recorded document shall provide that the offer to dedicate shall not be used or construed to allow anyone, prior to acceptance of the dedication, to interfere with any rights of public access acquired through use which may exist on the property.
4.
The recorded document shall include legal descriptions of both the applicant's entire parcel and the easement area and a map to scale. The offer shall be recorded free of prior liens and any other encumbrances which the Coastal Commission (or local agency authorized by the Commission) determines may affect the interest being conveyed. The offer to dedicate shall run with the land in favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording.
K.
Management Plan—Minimum Requirements. A management plan may be required in conjunction with a dedication of public access in any case where there is substantial evidence of potential conflicts between public access use and other uses on or immediately adjacent to the site. Examples include access in areas of sensitive habitats, agricultural resources, or significant hazards, or adjoining residential neighborhoods or military security areas. The plan shall be prepared by the accepting agency and approved by the City prior to the opening of the access to public use. Where applicable, the plan should specify management controls on time and intensity of use, standards for privacy buffers, and requirements for maintenance of aesthetic values through such measures as litter control.
L.
Privacy Buffers—Minimum Requirements. Separation between a public accessway and adjacent residential use may be provided when necessary to protect the landowner's privacy or security as well as the public's right to use of the accessway. Any such buffer shall be provided within the development area. Access should not be sited closer to any residential structure than 10 feet. The buffer can be reduced where separation is achieved through landscaping, fences or grade separation.
M.
Implementation.
1.
A dedicated accessway shall not be required to be opened to public use until a public agency or private association approved in accordance with subsection J agrees to accept responsibility for maintenance and liability of the access, except in cases where immediate public access is implemented through a deed restriction.
2.
In any case where the size and character of a development would impose very substantial burdens on public access, such as a large resort development on the shoreline, and where the applicant has the capacity to operate and maintain the accessway or recreation area, a deed restriction may be required instead of an offer to dedicate in order to ensure immediate public use of the area and maintenance of the area by the applicant and successors in interest. In any such case, all other applicable provisions of this section shall apply.
3.
Access facilities constructed on access easements (e.g., walkways, paved paths, boardwalks, etc.) should be no wider than necessary to accommodate the numbers and types of users that can reasonably be expected. Width of facilities can vary for ramps or paved walkways, depending on site factors.
N.
Title Information. As a requirement for any public access condition, prior to the issuance of the permit or other authorization for development, the applicant shall be required to furnish a title report and all necessary subordination agreements. Title insurance may also be required where easements are being granted. The amount of insurance shall reflect the estimated cost to acquire an equivalent accessway or recreational use elsewhere in the vicinity. All offers shall be made free of all encumbrances which the approving authority pursuant to subsection J determines may affect the interest being conveyed. If any such interest exists which could erase the access easement, it must be subordinated through a written and recorded agreement.
O.
Required Overall Findings. Written findings of fact, analysis and conclusions addressing public access must be included in support of all approvals, denials or conditional approvals of projects between the first public road and the sea (whether development or new development) and of all approvals or conditional approvals of projects (whether development or new development) where an access dedication is included in the project proposal or required as a condition of approval. Such findings shall address the applicable factors identified by subsection P and shall reflect the specific level of detail specified, as applicable. Findings supporting all such decisions shall include:
1.
A statement of the individual and cumulative burdens imposed on public access and recreation opportunities based on applicable factors identified pursuant to subsection P of this section. The type of affected public access and recreation opportunities shall be clearly described.
2.
An analysis based on applicable factors identified in subsection P of this section of the necessity for requiring public access conditions to find the project consistent with the public access provisions of the Coastal Act.
3.
A description of the legitimate governmental interest furthered by any access condition required.
4.
An explanation of how imposition of an access dedication requirement alleviates the access burdens identified.
P.
Required Project—Specific Findings. In determining any requirement for public access, including the type of access and character of use, the City shall evaluate and document in written findings the factors identified in paragraphs 1 through 5 of this subsection, to the extent applicable. The findings shall explain the basis for the conclusions and decisions of the City and shall be supported by substantial evidence in the record. If an access dedication is required as a condition of approval, the findings shall explain how the adverse effects which have been identified will be alleviated or mitigated by the dedication. As used in this subsection, "cumulative effect" means the effect of the individual project in combination with the effects of past projects, other current projects, and probable future projects, including development allowed under applicable planning and zoning.
1.
Project Effects on Demand for Access and Recreation. Identification of existing and open public access and coastal recreation areas and facilities in the regional and local vicinity of the development. Analysis of the project's effects upon existing public access and recreation opportunities. Analysis of the project's cumulative effects upon the use and capacity of the identified access and recreation opportunities, including public tidelands and beach resources, and upon the capacity of major coastal roads from subdivision, intensification or cumulative buildout. Projection of the anticipated demand and need for increased coastal access and recreation opportunities for the public. Analysis of the contribution of the project's cumulative effects to any such projected increase. Description of the physical characteristics of the site and its proximity to the sea, tideland viewing points, upland recreation areas, and trail linkages to tidelands or recreation areas. Analysis of the importance and potential of the site, because of its location or other characteristics, for creating, preserving or enhancing public access to tidelands or public recreation opportunities.
2.
Shoreline Processes. Description of the existing shoreline conditions, including beach profile, accessibility and usability of the beach, history of erosion or accretion, character and sources of sand, wave and sand movement, presence of shoreline protective structures, location of the line of mean high tide during the season when the beach is at its narrowest (generally during the late winter) and the proximity of that line to existing structures, and any other factors which substantially characterize or affect the shoreline processes at the site. Identification of anticipated changes to shoreline processes and beach profile unrelated to the proposed development. Description and analysis of any reasonably likely changes, attributable to the primary and cumulative effects of the project, to wave and sand movement affecting beaches in the vicinity of the project; the profile of the beach; the character, extent, accessibility and usability of the beach; and any other factors which characterize or affect beaches in the vicinity. Analysis of the effect of any identified changes of the project—alone or in combination with other anticipated changes— will have upon the ability of the public to use public tidelands and shoreline recreation areas.
3.
Historic Public Use. Evidence of use of the site by members of the general public for a continuous five-year period (such use may be seasonal). Evidence of the type and character of use made by the public (vertical, lateral, blufftop, etc. and for passive and/or active recreational use, etc.). Identification of any agency (or person) who has maintained and/or improved the area subject to historic public use and the nature of the maintenance performed and improvements made. Identification of the record owner of the area historically used by the public and any attempts by the owner to prohibit public use of the area, including the success or failure of those attempts. Description of the potential for adverse impact on public use of the area from the proposed development (including but not limited to, creation of physical or psychological impediments to public use).
4.
Physical Obstructions. Description of any physical aspects of the development which block or impede the ability of the public to get to or along the tidelands, public recreation areas, or other public coastal resources or to see the shoreline.
5.
Other Adverse Impacts on Access and Recreation. Description of the development's physical proximity and relationship to the shoreline and any public recreation area. Analysis of the extent to which buildings, walls, signs, streets or other aspects of the development, individually or cumulatively, are likely to diminish the public's use of tidelands or lands committed to public recreation. Description of any alteration of the aesthetic, visual or recreational value of public use areas, and of any diminution of the quality or amount of recreational use of public lands which may be attributable to the individual or cumulative effects of the development.
Q.
Required Findings for Public Access Exceptions. Any determination that one of the exceptions of subsection D of this section applies to a development shall be supported by written findings of fact, analysis and conclusions which address all of the following:
1.
The type of access potentially applicable to the site involved (vertical, lateral, blufftop, etc.) and its location in relation to the fragile coastal resource to be protected, the agricultural use, the public safety concern, or the military facility which is the basis for the exception, as applicable.
2.
Unavailability of any mitigating measures to manage the type, character, intensity, hours, season or location of such use so that agricultural resources, fragile coastal resources, public safety, or military security, as applicable, are protected.
3.
Ability of the public, through another reasonable means, to reach the same area of public tidelands as would be made accessible by an accessway on the subject land.
R.
Findings for Management Plan Conditions. Written findings in support of a condition requiring a management plan for regulating the time and manner or character of public access use must address the following factors, as applicable:
1.
Identification and protection of specific habitat values including the reasons supporting the conclusion that such values must be protected by limiting the hours, seasons, or character of public use.
2.
Topographic constraints of the development site.
3.
Recreational needs of the public.
4.
Rights of privacy of the landowner which could not be mitigated by setting the project back from the accessway or otherwise conditioning the development.
5.
The requirements of the possible accepting agency, if an offer of dedication is the mechanism for securing public access.
6.
Feasibility of adequate setbacks, fencing, landscaping, and other methods as part of a management plan to regulate public use.
(3334-6/97, 3834-7/09)
§ 222.01 Statutory Authorization.
The Constitution of the State of California has conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Consistent with this authority, the City of Huntington Beach does hereby adopt this chapter to implement the City's floodplain management regulations.
(3845-12/09, 4145-5/18)
§ 222.02 Floodplain Overlay District Established.
The FP Floodplain Overlay District is established and applies to all areas of special flood hazard within the City. If not controlled, periodic inundation results in loss of life and property, health and safety hazards, disruption of commerce and government services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
§ 222.04 Zoning Map Designators-Establishment of Hazard Areas.
A.
The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study for the City of Huntington Beach dated August 16, 1982 and delineated on the Flood Insurance Rate Map (FIRM) dated February 16, 1983 (revised September 16, 1989) and the Orange County, county-wide FIRM dated November 3, 1993 and all subsequent revisions and/or amendments are hereby adopted by reference and declared to be a part of this chapter. FEMA's most recent FIRM and flood insurance study (on file with the Director) may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Director.
B.
Three subdistricts of the FP Overlay District are designated for purposes of flood hazard provisions.
1.
-FP1 Subdistrict shall apply to that area designated as a floodway or right-of-way necessary for implementation of the Santa Ana River Channel Plan by the U.S. Army Corps of Engineers.
2.
-FP2 Subdistrict shall apply to FIRM areas A, AE, AO, and AH and any other area determined by the Director to be subject to similar flood hazards.
3.
-FP3 Subdistrict shall apply to FIRM areas V or VE and any other area determined by the Director to be subject to similar flood hazard.
C.
The FP District boundaries shall be delineated on the Zoning Map by adding a "-FP" designator to the base district designator for the area affected, followed by the appropriate subdistrict designation (1, 2, or 3).
§ 222.06 Definitions.
Except where the context clearly indicates otherwise, the definitions given in this section shall govern the provisions of this chapter.
A request for review of the Director's interpretation of any provision of this chapter, or a request for a variance.
A designated AO or AH zone on the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area is designated as Zone A, AO, AH, AE, V, and VE on the FIRM.
A flood having a one percent chance of being equaled or exceeded in any given year (also called the 100-year flood).
Any area of a building having its floor subgrade on all sides.
Any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which it is used or any building to which it might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a California registered engineer or architect and shall meet the following conditions:
The area subject to high velocity waters including, but not limited to, coastal and tidal inundation or tsunamis. The area is designated on a FIRM as Zone V and VE and as -FP3 in this chapter.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations or storage of equipment and materials.
A manufactured home park or subdivision for which the construction of facilities including utilities, final grading or paving of pads and the construction of streets was completed before the effective date of the City's floodplain management regulation.
The preparation of additional manufactured home sites in an existing manufactured home park or subdivision by the construction of facilities servicing the lots on which the additional manufactured homes are to be affixed including, but not limited to, installation of utilities, construction of streets, and either final site grading or the pouring of concrete pads.
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation of runoff of surface waters from any source; mudslides; and condition resulting from flood-related erosion.
The official maps on which areas of special flood hazard, the risk premium zones and the floodway applicable to the community are delineated.
The "Flood Insurance Study for Orange County, CA and Incorporated Areas," prepared by the Federal Emergency Management Agency (FEMA), providing flood profiles, the flood insurance rate maps, and the water surface elevations of the base flood.
Any land area susceptible to being inundated by water from any source.
The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management control.
Zoning and subdivision ordinances, building codes, health regulations, special purpose ordinances (such as floodplain, grading and erosion control) and other applications of police power. This term describes federal, state or local regulations in any combination thereof which provide standards for the purpose of preventing and reducing flood damage and loss.
Any combination of structural and nonstructural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved real property, water, and sanitary facilities, structures, and their contents. Floodproofing techniques are further described in FEMA Technical bulletins 1-93, 3-93, and 7-93.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
A use which cannot perform its intended purposes unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
The highest natural elevation of the ground surface next to the proposed walls of a structure prior to construction.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreation vehicle."
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
The National Geodetic Vertical Datum of 1929 or other datum, to which base flood elevations shown on the FIRM are referenced.
Structures for which the "start of construction" commenced on or after the effective date of the City's floodplain management control (February 16, 1983).
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after February 16, 1983.
A vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
An area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on FIRM as Zone A, AO, A1-A30, AE, A99, AH, V130, VE or V.
Includes substantial improvement and other new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include the following: land preparation such as clearing, grading, and filling; the installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations or the erection of temporary forms; the installation of accessory buildings, such as garages or sheds that are not occupied as dwelling units or connected to the main structure. In the case of substantial improvements, the actual start of construction is the first alteration to any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
A walled and roofed building, including a gas/liquid storage tank and a manufactured home, that is principally aboveground. It does not include open pavilions, bleachers, carports and similar structures that do not have at least two rigid walls and a roof.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to the condition existing before damage would equal or exceed 50% of the market value before the damage occurred.
Any repair, reconstruction, rehabilitation, addition, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before such repair, reconstruction, rehabilitation, addition, or improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. This term does not, however, include:
Any improvement to a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or
Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."
Cost for a Repair, Reconstruction, Rehabilitation, Addition, or Improvement Project. As used herein, shall be determined by valuation figures in use by the Director or itemized estimates for both materials and labor made by licensed contractors or other professional estimators in the construction industry. |
Market Value of a Structure. As used herein, shall be the depreciated value of the structure prior to such repair, reconstruction, rehabilitation, addition, or improvement as shown in a report by a qualified real estate appraiser. In the alternative, the Director may use other methods or sources to determine market value as deemed acceptable by FEMA including use of replacement cost depreciated based on accepted industry standards. |
A grant of relief from the requirements of this chapter which permits construction in a manner which would otherwise be prohibited.
The failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
(3285-7/95, 3334-6/97, 3845-12/09)
§ 222.08 Methods of Reducing Flood Hazards.
Methods and provisions for reducing flood hazards include:
A.
Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
B.
Requiring that uses and structures vulnerable to floods be protected against flood damage at the time of initial construction;
C.
Controlling the alteration of natural floodplain, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
D.
Controlling filling, grading, dredging, and other development which may increase flood damage;
E.
Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas; and
F.
Any methods and provisions for reducing flood hazards within the coastal zone shall be consistent with the Coastal Conservation District.
(3334-6/97)
§ 222.10 General Provisions.
A.
Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable provisions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions; however, where this chapter or another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
B.
Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. As a consequence, floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the incidental parcels which do not front a sandy beach, which have bulkheads and are not adjacent to recreation or public use areas and other existing or proposed lateral or vertical easements, or when development is proposed on an existing subdivided single family residential lot between developed residential parcels.
C.
Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
D.
Designation of Floodplain Administrator. The Director of Community Development is designated to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.
E.
Director Responsibilities. The duties and responsibilities of the Director in enforcing the provisions of this chapter shall include, but not be limited to:
1.
Reviewing development permits to determine that the permit requirements of this chapter have been satisfied, that all other required state and federal permits have been obtained, and that the site is reasonably safe from flooding.
2.
Reviewing development permits within Zones A1-30 and AE without a designated regulatory floodway to determine that the proposed new construction, substantial improvement, or development, when considered with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the City.
3.
Making interpretations where needed as to the exact location of the boundaries of areas of special flood hazard.
4.
Obtaining and maintaining for public inspection, flood insurance policy information concerning the certified elevation for residential developments and subdivisions, and the certification required for floor elevations, for developments located in areas where shallow flooding is likely to occur; for floodproofing of nonresidential developments; for coastal high hazard areas; for anchoring of manufactured homes; and for floodway encroachments.
5.
Notifying adjacent communities and responsible staff and federal agencies prior to any alteration or relocation of a watercourse. The Director shall further ensure that the flood carrying capacity is maintained for any watercourse, or portion thereof, which has been altered or relocated.
6.
Within six months of information becoming available or project completion, whichever comes first, the Floodplain Administrator, whenever feasible, shall submit or ensure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR) if applicable. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
F.
Development Permit Review. An application for development or building permit shall include:
1.
Proposed elevations in relation to mean sea level, of the lowest floor of all structures; in FP2, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;
2.
Proposed elevations in relation to mean sea level and the FIRM design flood to which any structure will be floodproofed;
3.
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development;
(3845-12/09, 4095-10/16)
§ 222.12 Land Use Controls.
A.
-FP1 Subdistrict.
1.
Permitted Uses.
a.
Flood control channels, levees, spreading grounds and basins, roads, bridges and storm drains.
b.
Agricultural uses which require no permanent structures, landfill, storage of materials or equipment, or stream alteration that would result in any increase in flood levels within the regulatory floodway.
2.
Uses Requiring a Conditional Use Permit from the Zoning Administrator.
a.
Minor utilities.
b.
Temporary structures which can be readily removed in the time available after flood warning.
c.
Recreation areas, parks, campgrounds, playgrounds, riding and hiking trails, parking lots, wildlife and natural preserves, and similar open space uses that do not have substantial permanent structures.
3.
Uses Requiring a Conditional Use Permit from the Planning Commission.
Major utilities.
4.
Prohibited Uses.
a.
Landfills, excavations, improvements, developments, or encroachments that will obstruct waterflow, cause any cumulative increase in the elevation of the design flood water profile by more than one foot at any point, tend to broaden direct flood flows out of the floodway, impair the design flood conveyance capability of the floodway, or otherwise create a potential hazard to life or property resulting from flood flows.
b.
All encroachments, including fill, new construction, substantial improvements, and other development unless a California registered civil engineer demonstrates to the satisfaction of the Director that such encroachments will not result in any increase in flood levels within the floodway.
c.
Permanent structures.
d.
Storage of substances or materials capable of floating which could add to the debris load of a flood.
e.
Storage of chemicals, explosives, flammable liquids, toxic materials, or anything of a nature which could create a potential danger to the public health and welfare.
B.
-FP2 Subdistrict.
1.
Permitted Uses.
a.
Excavation and removal of rock, sand, gravel, and other materials, providing that the flood carrying capacity of the watercourse is preserved and the excavation area is designed to receive and release floodwaters, and such excavations will not create a potential hazard to adjacent properties resulting from flood or erosion conditions.
b.
Landfills that do not cause floodwaters to be diverted onto adjacent properties, are protected against erosion from floodwaters, and do not increase the elevation of the design flood by more than one foot at any point, or that can fully provide for the design flood by means of watercourse improvements.
c.
New structures and improvements permitted by the base district or allowed with a conditional use permit including manufactured homes, which comply with the applicable standards of construction of this chapter.
2.
Prohibited Uses.
Landfills, excavations, improvements, developments, or encroachments that will obstruct waterflow, cause a cumulative increase in the elevation of the design floodwater profile by more than one foot at any point, tend to broaden or direct flood flows out of the natural floodplain, or otherwise cause a potential hazard to life or property resulting from flood flows.
C.
-FP3 Subdistrict. All uses permitted or conditionally permitted in the base district with which the FP3 district is combined are permitted subject to approval of a building permit and compliance with the standards of construction of this chapter, except for the following uses which are prohibited:
(3285-7/95, 3334-6/97, 3675-12/04)
§ 222.14 Development Standards and Standards of Construction.
Development standards for the FP Overlay District shall be specified by a conditional use permit or shall be those of the base district with which the FP district is combined, provided that the following standards of construction shall apply in the -FP2 and -FP3 subdistricts.
A.
-FP2 and -FP3 Standards of Construction.
1.
Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All manufactured homes shall comply with the anchoring standards of Section 222.14(A)(5).
2.
Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall use construction methods and practices that minimize flood damage, and shall utilize materials and utility equipment resistant to flood damage for areas below the base flood elevation plus one foot freeboard. Adequate drainage paths around structures on slopes shall be provided to guide flood waters around and away from proposed structures.
3.
Standards for Utilities and Mechanical Equipment.
a.
All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.
b.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
c.
All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities designed and/or located one foot above the base flood elevation so as to prevent water from entering or accumulating within the components during conditions of flooding.
4.
Standards for Subdivisions and Other Proposed Development.
a.
All new subdivision proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser, shall:
i.
Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE).
ii.
Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
iii.
If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
b.
All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.
c.
All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
d.
All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.
5.
Standards for Manufactured Homes.
a.
All new and replacement manufactured homes and substantial improvements to manufactured homes on sites located:
i.
Outside of a manufactured home park or subdivision;
ii.
In a new manufactured home park or subdivision;
iii.
In an expansion to an existing manufactured home park or subdivision; or
iv.
In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as a result of a flood shall be elevated on a permanent foundation so that the lowest floor is elevated one foot above the base flood elevation.
b.
All manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision shall be elevated to have the lowest floor one foot above the base flood elevation.
c.
All manufactured homes shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
6.
Standards for Recreational Vehicles. All recreational vehicles placed on a site within a flood hazard zone shall be fully licensed and ready for highway use, restricted to a maximum stay on site of 180 days unless the elevation and anchoring of the recreational vehicle complies with the Standards for Manufactured Homes. All recreational vehicles placed in coastal high hazard areas (V and VE zones) shall also comply with -FP3 standards for construction.
B.
-FP2 Standards of Construction.
1.
Elevation and Floodproofing.
a.
Residential Construction. New residential construction and substantial improvement of any residential structure shall have the lowest floor including basement elevated one foot above the base flood elevation except:
i.
In an AO zone, the lowest floor including basement shall be elevated one foot above the highest adjacent natural grade to a height exceeding the depth number on the FIRM by one foot or at least three feet if no depth number is specified; and
ii.
In an A zone, the lowest floor including basement shall be elevated one foot above the base flood elevation as determined by the City.
Prior to issuance of a building permit and prior to building permit final inspection, the elevation of the lowest floor including basement shall be certified by a California registered engineer, or surveyor. The completed FEMA elevation certificates shall be submitted to the Director.
b.
Nonresidential Construction. New construction and substantial improvement of any nonresidential structure shall be either elevated to comply with subsection (B)(1)(a) or together with attendant utility and sanitary facilities be floodproofed below the level stated in subsection (B)(1)(a) so that the structure is watertight with walls substantially impermeable to the passage of water and be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A floodproofing certificate shall be completed and certified by a California registered engineer or architect and submitted to the Director prior to issuance of a building permit.
c.
Flood Openings. All new construction and substantial improvement of any structure with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. All proposals for using space below the lowest floor shall exceed the following requirements:
i.
Be certified by a California registered engineer or architect; or
ii.
Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency; or
iii.
Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic entry and exit of floodwaters.
C.
-FP3 Standards of Construction.
1.
Location of Buildings. All new construction shall be located on the landward side of the reach of the mean high tide.
2.
Free of Obstruction. All new construction and substantial improvement shall have the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 222.06. Such enclosed space shall not be used for human habitation but may be used for parking, building access or storage.
3.
Elevation and Structural Support. All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns so that the bottom of the lowest horizontal portion of the structural member of the lowest floor (excluding the pilings or columns) is elevated one foot above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall comply with standards adopted by the City. Fill shall not be used for structural support of buildings.
4.
Certification. A California registered engineer or architect shall certify to the satisfaction of the Director that the proposed structure complies with the requirements of this section. The Director shall obtain and maintain records of the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.
(3285-7/95, 3334-6/97, 3845-12/09, 4258-9/22)
§ 222.16 Variances/Appeals.
A.
General Provisions. The Planning Commission shall hear and decide requests for variances from the standards of this chapter as well as requests for appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director in the enforcement or administration of this chapter in accord with the procedures established in Chapters 241 and 248.
1.
Variances may be issued for new construction and substantial improvements on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below base flood level, providing the standards listed in this chapter are considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variances increases.
2.
Variances may be granted for new construction and substantial improvement and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Chapter 222 are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety or public nuisance.
3.
Variances may be issued for the repair or rehabilitation of historic structures provided the proposed repair or rehabilitation is necessary to preserve the historic character and design of the structure and allow the continued designation as an historic structure.
4.
Any applicant to whom a variance is granted shall be provided written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk. A copy of the notice shall be recorded by the Director in the office of the Orange County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
B.
Factors to Be Considered. In reviewing applications, the Planning Commission shall consider all relevant factors, including technical evaluations, this section, and other standards specified in this chapter. In reaching a decision on an appeal or variance, the Planning Commission shall consider the:
1.
Danger that materials may be swept onto other lands to the injury of others;
2.
Danger of life and property due to flooding or erosion damage;
3.
Importance of the services provided to the community by the proposed facility;
4.
Necessity of waterfront location for the facility, if applicable;
5.
Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
6.
Compatibility of the proposed use with existing and anticipated developments;
7.
Relationship of the proposed use to the General Plan, Local Coastal Program, and the floodplain management program for that area;
8.
Safety of access to the property in time of flood for ordinary and emergency vehicles;
9.
Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
10.
Cost of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric and water services, and streets and bridges.
C.
Findings. When granting a variance, the Planning Commission shall make the following findings in addition to the findings contained in Chapter 241:
2.
The proposed project will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create a nuisance, cause fraud or victimization of the public, or conflict with existing local laws or ordinances.
D.
Authority to Impose Additional Conditions. In addition to the authority to impose conditions under Section 241.12, the Planning Commission may attach conditions to the granting of variances as deemed necessary.
E.
Records. The Director shall maintain a record of all variance actions and findings to justify their issuance, and report such variances to FEMA and FIA upon request.
(3285-7/95, 3334-6/97, 3845-12/09)
§ 223.02 Interim Study Overlay District Established.
The IS Interim Study Overlay District is established to allow discretionary review of development proposals in areas where changes in zoning provisions are contemplated or under study.
§ 223.04 Zoning Map Designator.
The IS District may be initiated as prescribed by Chapter 247. Prior to approving an amendment reclassifying land to an IS District, the Planning Commission and City Council shall approve a study plan that identifies regulatory problems and states land use and development issues to be resolved for the area proposed for reclassification. An amendment reclassifying land to an IS District shall not be effective unless certified as a Local Coastal Program amendment by the Coastal Commission. The IS District may be combined with any base district. Each IS District shall be shown on the zoning map with an "-IS" designator, numbered and identified sequentially by order of enactment and reference to the enacting ordinance.
(3334-6/97)
§ 223.06 Land Use Controls.
A.
Conditional Use Permit Required. Approval of a conditional use permit by the Planning Commission shall be required for establishment of a new or expanded use in an IS District, and may be approved for any use classification permitted or conditionally allowed with a conditional use permit in the base district with which the IS District is combined.
B.
Coastal Development Permit Required. Within the coastal zone approval of a Coastal Development Permit shall be required for establishment of a new or expanded use in an IS District if the new or expanded use meets the definition of development in Section 245.04 unless it is exempt pursuant to Section 245.08.
C.
Required Findings. In addition to the findings required for conditional use permits by Chapter 241 and findings that may be required for specific use classifications, approval of a conditional use permit in the IS District shall require a finding that the proposed use will not conflict with the land use and development policies established for the area at the time the IS District was adopted.
(3334-6/97)
§ 223.08 Development Standards.
Development standards for the IS District shall be specified by a conditional use permit or shall be those of the base district with which the IS District is combined.
§ 223.10 Expiration of IS District Ordinance-Renewal.
An ordinance establishing an IS District shall contain a provision terminating the IS designation up to two years from its effective date. An ordinance establishing an IS District may be amended, reenacted, or superseded by a zoning map amendment adopted as prescribed by Chapter 247 and certification of a Local Coastal Program amendment.
(3334-6/97)
§ 223.12 Resubmittal of Development Proposals.
Notwithstanding the provisions of Chapter 241, a conditional use permit application that has been denied, or approved subject to conditions unacceptable to the applicant, may be resubmitted on or after the effective date of a zoning map and/or text amendment superseding an IS District designation.
§ 224.02 Neighborhood Conservation Overlay District Established.
The NC Neighborhood Conservation Overlay District is established to allow property owners to initiate and implement programs for the revitalization or conservation of older areas or districts possessing distinctive features, identity, or character worthy of retention and enhancement. The NC District takes effect through adoption of a Conservation Plan and a set of provisions that will facilitate maintenance and upgrading of the neighborhood and development of vacant or underused lots, while reducing or eliminating incompatible mixes of uses.
§ 224.04 Area Requirements.
Each NC Overlay District shall include a minimum contiguous area of two acres, including intervening streets and alleys, and shall contain at least three separate parcels.
§ 224.06 Status of NC Overlay District and Approved Plan.
A.
Adoption of an NC Overlay District proposal shall be by amendment to the zoning map, in accord with the provisions of Chapter 247, but the map amendment shall not alter the use provisions or development standards of the underlying district. A Neighborhood Conservation Plan shall be approved by the City Council at the same time as the map amendment is adopted; this plan shall establish standards and conditions for development consistent with the purposes of the plan.
B.
Adoption of an NC Overlay District within the coastal zone shall not become effective unless a Local Coastal Program amendment has been approved and effectively certified by the Coastal Commission.
C.
All development shall be in accordance with the Conservation Plan, which may be amended as provided in the conditions of approval. The Planning Commission may recommend and the City Council may approve amendments to the Conservation Plan to allow development in accordance with the underlying zoning provisions rather than as specified by the Conservation Plan.
(3334-6/97)
§ 224.08 Allowable Modifications to Land Use Controls and Development Standards.
After a duly noticed public hearing, the following changes in land use controls and development standards may be approved as part of a Neighborhood Conservation Plan:
A.
Provisions for specific use classifications may be modified by the Neighborhood Conservation Plan to accommodate unique or mixed uses serving the neighborhood, consistent with the General Plan and within the coastal zone consistent with the Local Coastal Program.
B.
Development standards may be modified by the Neighborhood Conservation Plan, consistent with the General Plan and within the coastal zone consistent with the Local Coastal Program.
(3334-6/97)
§ 224.10 Application for Designation.
A.
Owners of 51% or more of the land in an area meeting the area requirements of Section 224.04 and one or more of the criteria of subsection 224.12(C) may file an application with the City for the designation of the area as an NC Neighborhood Conservation Overlay District. The application may include lots within one or more base zoning districts. The City Council or Planning Commission may initiate a Neighborhood Conservation Overlay District as prescribed in Chapter 247.
B.
The application includes the following:
2.
A map indicating the boundaries of all lots in the proposed NC Neighborhood Conservation Overlay District and the base district(s) contained within the proposed NC District.
3.
A Neighborhood Conservation Plan consisting of a map and such other textual and graphic material as may be necessary, indication land uses, building types and designs, site development requirements, signing, circulation, off-street parking, and modifications in base district.
§ 224.12 Adoption Procedures.
A.
The Planning Commission shall hold a duly noticed public hearing on the application in accord with the provisions of Chapter 247. Following the hearing, the Commission may recommend approval or conditional approval of the Neighborhood Conservation Plan if it implements the purposes for which designation of the NC District is proposed and is consistent with the General Plan, and shall transmit the application and the plan with its recommendation to the Council.
B.
The City Council shall hold a hearing as provided by Chapter 247 on any application and plan transmitted to it by the Planning Commission.
C.
Following the hearing, the City Council may approve or conditionally approve a Neighborhood Conservation Plan and adopt an NC Neighborhood Conservation Overlay District for the area described in the application subject to one or more of the following criteria:
1.
Distinctive building features, such as period of construction, style, size, scale, rhythm, mass, color, and material;
2.
Distinctive features or articles associated with the streetscape, such as light fixtures and devices, signs, benches, curb markers, kiosks, and bollards;
3.
Distinctive site planning and natural features, such as lot platting, street layout, setbacks, alleyways, sidewalks, creekbeds, parks, and gardens;
4.
Distinctive land uses or land-use patterns, such as mixed or unique uses or activities, not permitted by the base district without modification.
D.
The City Council shall adopt each Neighborhood Conservation Overlay District by ordinance pursuant to Chapter 247. The adopting ordinance shall include a reference to the approved Neighborhood Conservation Plan for the district, a statement of purposes, and a list of the modifications to the base district standards. Adoption of a Neighborhood Conservation Overlay District shall not become effective until a Local Coastal Program amendment has been approved and effectively certified by the Coastal Commission.
(3334-6/97)
§ 224.14 Zoning Map Designator.
Each NC Neighborhood Conservation Overlay District shall be shown on the zoning map by an "-NC" designator applied to the base district designations, numbered and identified sequentially by order of enactment and referenced to the enacting ordinance.
§ 224.16 Building Permits to Conform to Adopted Plan and Other Applicable Requirements.
Applications for building permits for projects located in an NC Neighborhood Conservation Overlay District shall be accepted only if project plans are consistent with the adopted NC District ordinance and the approved Neighborhood Conservation Plan and all other applicable requirements of the Municipal Code and in the coastal zone, with the Local Coastal Program.
(3334-6/97)
§ 225.02 Planned Area Development Overlay District Established.
The PAD Planned Area Development Overlay District is established to permit flexibility in land use controls and development standards where flexibility or coordinated planning for a large site or a site under multiple ownership which will enhance the potential for superior urban design.
§ 225.04 Area Requirements.
Each PAD Overlay District shall include a minimum contiguous area of two acres.
§ 225.06 Status of PAD Planned Area Development Overlay District and Approved Plan.
A.
Adoption of a PAD district proposal shall be by amendment to the zoning map, but the ordinance amendment shall not alter the land use controls or development standards of the underlying district. An Area Plan shall be approved by the City Council at the same time as the ordinance amendment. Adoption of a PAD District shall not become effective until certified as a Local Coastal Program amendment by the Coastal Commission.
B.
All development shall be in accord with the Area Plan, which may be amended as provided in the conditions of approval. The Planning Commission shall recommend, and the City Council shall approve, amendments to the Area Plan to allow development in accord with the underlying zoning provisions.
(3334-6/97)
§ 225.08 Allowable Modifications to Land Use Controls and Development Standards.
After a duly noticed public hearing, the following changes in land use controls and development standards may be approved as part of a Planned Area Development Plan:
A.
Allowable floor area ratio (FAR) may be transferred between lots within the same zoning district.
B.
Standards for specific use classifications may be modified to accommodate appropriately sized accessory uses.
C.
Site development standards, excluding maximum FAR, residential unit type standards, and parking spaces required, may be modified.
§ 225.10 Application for Designation.
A.
A proposed amendment to create a PAD Overlay District may be initiated by the Planning Commission, the City Council, or by 100% of the owners of the land area within the boundaries of the proposed Planned Area Development as prescribed by Chapter 247.
B.
An application shall include:
1.
A map indicating the proposed boundaries for the PAD Overlay District; the property of participating owners; and the zoning district designations.
2.
An Area Plan consisting of a map and textual material to delineate land uses and locations, existing and projected building types and schematic designs, height and FAR including any proposals for transfer of FAR, site development requirements, existing and proposed open space, circulation, on-site and off-site parking, and any other pertinent information.
3.
A comparison between underlying district provisions and standards and any proposed modifications to these provisions and standards.
4.
A traffic impact analysis to evaluate the impact of the proposed PAD on surrounding properties.
5.
A statement of the reasons for any requested modifications to provisions or standards and a description of proposed means of mitigating any adverse effects.
§ 225.12 Adoption of PAD Overlay District and Area Plan.
A.
The Planning Commission shall hold a duly noticed public hearing on the application in accord with the provisions of Chapter 247. Following the hearing, the Commission may recommend approval of the Area Plan if it implements the purposes of which designation of the PAD Overlay District is proposed, and shall transmit the application and the approved plan to the Council.
B.
The City Council shall hold a public hearing as provided by Chapter 247 on any application and plan transmitted to it by the Planning Commission.
C.
Following the hearing, the City Council may adopt a PAD Planned Area Development Overlay District for the area described in the application and approve an Area Plan permit only after finding that:
1.
The proposed development will enhance the potential for superior urban design;
2.
The Area Plan is consistent with the General Plan, and for areas located within the coastal zone, with the Local Coastal Program, and is compatible with development in the surrounding area;
3.
The Area Plan includes adequate provisions for utilities, services, and emergency vehicle access, and public service demands will not exceed the capacity of existing systems;
4.
The traffic generated by development in accord with the Area Plan will not exceed the capacity of affected streets; and
5.
The Area Plan will not significantly increase shading of adjacent land in comparison with shading from development under the standards that would exist if the Planned Area Development were not approved.
D.
The City Council shall adopt each Planned Area Development Overlay District by ordinance pursuant to Chapter 247. The adopting ordinance shall include a reference to the approved Area Plan for the district, a statement of purposes, and a list of the modifications to the base district provisions.
E.
Within the coastal zone, adoption of Planned Area Development Overlay shall not become effective until a Local Coastal Program amendment has been approved and effectively certified by the Coastal Commission.
(3334-6/97)
§ 225.14 Zoning Map Designator.
Each PAD Planned Area Development Overlay District shall be shown on the zoning map by a "-PAD" designator applied to the base district designations, numbered and identified sequentially by order of enactment and referenced to the enacting ordinance.
§ 225.16 Building Permits to Conform to Adopted Plan and Other Applicable Requirements.
Applications for building permits for projects located in a PAD Planned Area Development Overlay District shall be accepted only if project plans are consistent with the adopted PAD District ordinance and the approved Area Plan and all other applicable requirements of the Municipal Code and in the coastal zone, with the Local Coastal Program.
(3334-6/97)
§ 226.02 High-Rise Overlay District Established.
The H High-Rise Overlay District is established to allow taller, high-rise buildings at appropriate locations.
§ 226.04 Applicability and Zoning Map Designator.
A.
The H High-Rise Overlay District may be combined only with the RH High-Density Residential, CO Office Commercial, CG General Commercial, CV Visitor Commercial, IL Limited Industrial, and IG General Industrial districts. The H District boundaries shall be shown on the zoning map by adding the "-H," high-rise overlay designator followed by a number indicating the maximum allowable height in feet, a slash, and then a number indicating the maximum number of building stories allowed, such as "CO-H-60/6."
B.
Where no numbers are indicated on the zoning map, the height in both feet and stories shall be determined and specified during site plan review, consistent with the General Plan.
§ 226.06 Land Use Controls.
Any use permitted in the base zoning district shall be permitted in the H High-Rise Overlay District. The H High-Rise Overlay District shall not apply seaward of Pacific Coast Highway.
(3334-6/97)
§ 226.08 Development Standards.
Development standards shall be those of the base district with which the H District is combined, and the following supplemental requirements shall apply which shall govern in case of conflict.
A.
Building Height. Development shall not exceed the building height restrictions indicated on the zoning map.
B.
Lot Size. A minimum lot size of 20,000 square feet and a minimum lot dimension of 135 feet in any direction are required for any proposed building height greater than the base district maximum height.
C.
Yards. The yard areas indicated below shall be required for all buildings exceeding the base district maximum. The yards shall be clear of all structures from the ground to the sky, except as otherwise permitted by provisions of this ordinance controlling building projections.
Required Setback
1.
Yards abutting a street: 20 feet plus one foot for each foot above base district maximum height.
2.
Yards abutting an R district: 50 feet plus one foot for every two feet of building height above base district maximum height plus one foot for every 10 feet of building length facing the common property line.
3.
Yards abutting nonresidential district: Same as base district, minimum 10 feet.
D.
Landscaped Buffer. A minimum 10-foot landscaped buffer shall be provided around all buildings over base district maximum height.
E.
Upper-Story Setback Adjacent to an R District. No structure shall intercept a 1:1 or 45-degree daylight plane inclined inward from a height 15 feet above existing grade at the R District boundary.
F.
Within the coastal zone, public visual resources shall be preserved and enhanced.
 Upper Story Setback |
(3334-6/97)
§ 227.02 Mobile Home Overlay District Established.
The MHP Mobile Home Overlay District is established to permit parcels of land developed with mobile home parks and zoned with a base zoning district designation and provide a transition from the present mobile home park use to the uses permitted in the base zoning district.
§ 227.04 Zoning Map Designator.
The Zoning Map shall show all property subject to the provisions of this chapter by adding a "-MHP" designator to the base zone.
§ 227.06 Criteria for Application of Zone.
The City Council, in making its determination whether to apply the MHP zone to any particular property pursuant to Chapter 247, shall consider the following factors as to whether such zone is appropriate:
§ 227.08 Uses Permitted.
The following uses shall be permitted in an MHP overlay district:
A.
Mobile home parks as regulated by the State of California.
B.
Accessory uses and structures incidental to the operation of mobile home parks such as recreation facilities and/or community centers of a noncommercial nature, either public or private storage facilities for the use of the mobile home park residents and any other uses or structures that are incidental to the operation of a mobile home park.
C.
Whenever property is designated with the MHP overlay, any use permitted by the base zone of such property shall not be permitted.
§ 227.10 Removal of the Mobile Home Overlay District or Change of Use.
A zoning map amendment to remove the MHP overlay designation or approve a change of use shall be subject to the provisions of Chapters 234 and 247. Removal of the MHP overlay designation or approval of a change of use within the coastal zone shall require an amendment to the Local Coastal Program approved and effectively certified by the Coastal Commission.
(3334-6/97)
§ 228.02 Senior Residential Overlay District Established.
The Senior Residential Overlay District is intended to promote the maintenance and viability of existing mobile home parks through appropriate zoning. It is an overlay district where mobile home parks are established as the primary land use in order to limit conversion of existing affordable housing to other land uses. The Senior Residential Overlay District may overlay any property which provides for mobile home park developments.
The Senior Residential Overlay District is established and shall be designated by the symbol (SR). The (SR) designation applies to all of the 10 senior residential mobile home parks that existed in the City of Huntington Beach as of the approval on August 5, 2013 of the City's moratorium ordinance regarding senior mobile home park conversions.
(4019-4/14)
§ 228.04 Zoning Map Designator.
The Zoning Map shall show all property subject to the provisions of this chapter and overlay district by adding a "SR" designator to the underlying base zone.
(4019-4/14)
§ 228.06 Definition.
Except where the context clearly indicates otherwise, the definition given in this section shall govern the provisions of this chapter.
A "senior residential park" means a mobile home park in which at least 80% of the spaces are occupied by, or intended for occupancy by, at least one person who is 55 years of age or older, or where 100% of the spaces are occupied or intended for occupancy by persons 62 years of age or older.
(4019-4/14)
§ 228.08 Land Use Regulations.
At least 80% of the spaces in mobile home parks in the Senior Residential Overlay Districts shall be occupied by at least one person 55 years of age or older. If an existing mobile home park met this qualification on August 5, 2013, and fell below the 80% requirement between that date and the effective date of the ordinance codified in this section, the Senior Residential Overlay District shall be applied to that mobile home park and the park shall be required to operate as a senior residential park by renting spaces and mobile homes only when at least one occupant of the mobile home is 55 years of age or older. The signage, advertising, park rules, regulations, rental agreements and leases for spaces in a senior residential park in the SR Overlay District shall state that the park is a senior residential park. Pursuant to Section 228.06, Definition, and as of the effective date of the ordinance codified in this section, the senior residential parks in the SR Zoning District are Rancho Del Rey Mobile Home Park, Skandia Mobile Home Park, Huntington Harbor Mobile Home Park, Sea Breeze Mobile Home Park, Beachview Mobile Home Park, Los Amigos Mobile Home Park, Brookfield Manor, Del Mar Mobile Home Park, Mariners Pointe, Rancho Huntington Mobile Home Park.
Spaces and mobile homes in senior residential parks shall be rented only to occupants who meet the age requirement set forth in Section 228.08 above; provided, however, that if the occupants of a space or mobile home who do not meet this requirement rented the space or mobile home before the effective date of the ordinance codified in this section, they shall be allowed to remain, and provided further that when such occupants cease to occupy a space or mobile home, the mobile home and space cannot thereafter be rented except to occupants who meet the age requirements set forth in this section.
(4019-4/14)
§ 228.10 Minimum Design and Performance Standards.
The signage, advertising, leases, and park rules and regulations for spaces in senior residential parks shall state that the park is a senior residential park. Each senior residential park shall have procedures for verifying that it qualifies as a senior facility under applicable federal and/or state law, including documentation establishing that at least 80% of the mobile homes or spaces in the mobile home park are occupied by at least one resident who is 55 years of age or older. These procedures shall provide for regular updates, through surveys or other means of initial information supplied by the occupants of the mobile home park. Such updates must take place at least once every two years. A summary of this occupancy verification documentation shall be available for inspection upon reasonable notice and request by City officials.
(4019-4/14)
§ 228.12 Removal of the Senior Residential Overlay District.
A zoning map amendment to remove the SR overlay designation shall be subject to the provisions of Chapter 247.
(4019-4/14)